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HomeMy WebLinkAboutMinutes City Council - 03/24/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 24, 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, Jr. * Dr. Charles W. Kennedy Cliff Zarsky 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 John Wiley Fox of Christ Lutheran 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: "TEXAS YOUTH COUNCIL WEEK" - March 31 - March 27, 1982; "AMERICAN G.I. FORUM WEEK & FOUNDER'S DAY" - March 22 - 27, 1982; and "CANCER CONTROL MONTH" - April, 1982. Mayor Jones presented retirement plaques to the following employees: Empl2Yee: Years of Department: Position: Service: Geronimo Benavidez Water Water System Foreman 28 F. B. Chavez Transit Bus Operator 38 The following employees were also eligible to receive retirement plaques but were unable to be present: Fred Youngman Fred Mireles Building Division Sr. Inspector I 15 Engineering Sr. Engineering Aide 27 L+nED Op 19 100 A 4 SSP 191984 Minutes Regular Council Meeting March 24, 1982 Page 2 Mayor Jones called for confirmations of actions taken during the Workshop Meeting of March 24, 1982, as follows: 1. The Staff be authorized to negotiate arrangements with the PAWS/Gulf Coast Humane Society for the purchase or a long term lease of land on which to construct the animal pound improvements included in the 1977 Bond Election. A motion was made by Council Member Gulley that the foregoing action be confirmed, seconded by Council Member Zarsky and passed unanimously. 2. The Merriman-Bobys House be temporarily located at the southwest corner of Chaparral and Resaca Streets just south of the existing buildings. A motion was made by Council Member Zarsky that the foregoing action be confirmed, seconded by Council Member Dumphy and passed unanimously. 3. The City join with member cities in Regions 7, 11, & 12 of the Texas Municipal League to cooperatively analyze the Central Power & Light Company rate increase request. A motion was made by Council Member Dumphy that the foregoing action be confirmed, seconded by Council Member Zarsky and passed unanimously. ********* Mayor Jones called for the City Manager's Reports. City Manager Ed Martin presented the following items with related coments and explanations and recommended that: - 1. The following actions be taken on the London house Apartment project on Wooldridge Road. a) An engineering contract providing for Maverick Engineering Company preparing plans and specifications for the Wooldridge Road trunk sanitary sewer from Cimmaron Boulevard to near South Staples Street be approved, and $22,500 be appropriated to cover the cost of the project out of the Sanitay Sewer Bond Fund. b) An agreement with Sherrod Construction Company, developer of the project, be approved providing for the developer reimbursing the City for the cost of approximately 3,285 linear feet of 8 -inch diameter sanitary sewer plus engineering costs. c) Plans and specifications for the project be approved and bids be received April 21, 1982. The concept of City -Developer participation was discussed at the Council meeting on February 3, 1982. Since then the developer has received informal bids which the Staff could not recommend because of possible City Charter conflicts involving competitive bidding. The project, as now proposed, would clearly identify City -Developer costs, as well as other costs, pertaining to serving additional properties and possible Master Plan boundary changes in the area. tr Council Meeting Marcn 24, 1982 Page 3 Mayor Pro Tem Betty Turner departed the Council Chamber and refrained from discussing this item or participating in the voting on'it in order to avoid a possible conflict of interest. 2. An agreement with Candystick Corportion, developer of Country Creek subdivision, which provides for the City to reimburse the developer a total of $34,653 for construction of a 15" diameter offsite sanitary sewer. The annexation agreement provides for the City's participation in the offsite cost not to exceed $35,000. It also requires the developer to deposit $36,000 as a $800 per acre sanitary sewer fund charge for a portion of the 74.9 -acre subdivision. The funds have been received from the developer and will be used to fund the offsite 1 system. An appropriation of $34,653 is recommended out of the Sanitary Sewer Bond Fund for the City's portion of the sanitary sewer. 3. An agreement with the developers of Buckingham Estates Subdivision, Phase 1, be approved providing for the City reimbursing the developer $36,100 for sanitary sewer pipe oversizing. The developer proposes the installation of 3,554 linear feet of 10 -inch diameter line, but the City's desired size to conform with the proposed Master Plan is an 18 -inch diameter line. The agreement provides for payment of material cost difference only. The agreement further provides for the developer furnishing the City with an irrevocable letter of credit in the amount of $51,652.80, which is based on $800 per acre for the 64.566 acres in the amended annexation agreement for the subdivision approved by the City Council on March 17, 1982. An appropriation of $36,100 is recommended from the Sanitary Sewer Bond Fund. The letter of credit is payable upon the plat being filed for record or acceptance of the subdivisions sanitary sewer and water systems as complete or by November 30, 1982 whichever is earlier. 4. A contract for $18,793 be awarded to Z & R Roofing Company of Alice, Texas for the HiaLco Roof Repair project. Seven contractors submitted bids for the project, and the Z & R firm was the second low bidder. The low bidder, L & E General Contractors, failed to submit the required bid security. The project provides for the reroofing of approximately 60% of the Hialco building on Sam Rankin Street This is a 7th Year Community Development Program project. An appropriation of $23,000 is recommended for the contract award, engineering and related expenses. 5. $875 be appropriated for laboratory testing necessary during design phase of Wooldridge - Staples Outfall Ditch. Core borings were necessary to evaluate the subsurface conditions and to determine ground water levels. Also furnished was 9 soils classification of the area. 6. The following actions be taken on the North Shoreline Boulevard Street Improvement project for which bids were received on March 3, 1982. a) The preliminary assessment roll be adopted totaling $61,926.70 on 26 items. b) The public assessment hearing be held April 21, 1982 at 3:00 P. M. in the Council Chambers of City Hall. - The low bid of $557,097.86 for this 1977 bond project was submitted by A. Ortiz Asphalt Paving Company and a contract award to this firm will be recommended after the public hearing on the assessments. Reconstruction of North Shoreline Boulevard from Canal Street to Coastal Street, including parallel and head -in parking and landscaping, is proposed. Minutes Regular Council Meeting March 24, 1982 Page 4 7. 2,940 gallons of yellow and 1,535 gallons of white pavement marking paint for Traffic Engineering and the Airport be purchased from ! Southwestern Materials, Austin, the only bidder at a total price of $23,225.25. This quantity of traffic paint reflects an increase of 1,320 gallons of yellow and 605 gallons of white paint over the original bid. The additional paint is needed to repaint all school crosswalks prior to next school year and to complete the restriping of all major streets. A transfer of $10,000 from the General Fund is recommended for the purchase of this additional paint. The balance of $13,225.25 is available in the current budget. Prices represent a 4.7% total decrease since last purchase in September, 1981. Mayor Pro Tem Turner returned to the Council Chamber at this time. City '.Manager Martin commented that this item is in response to the City Council's inquiry two weeks ago as to action that would be necessary to complete the crosswalk marking, stating that the additional $10,000 was allocated from salary balances in order to complete the program. 8. A request for the deferment of sidewalk construction on one side of St. Joseph Street and a portion of one side of St. Peter Street in Highland Oaks Subdivision Unit No. 1 be denied. Approved plans for the subdivision, which is 80% complete, provide for the sidewalks. The street is the major access to the subdivision from Glenoak and it is the staff's opinion the pedestrian and vehicular use will be high; therefore, the sidewalks are essential for the protection of the public. The subdivision contains approximately 70 acres and is located on Glenoak Drive between Waldron Road and Flour Bluff Drive. Council Member Zarsky departed the Council Table since he is involved in this project. Mr. James K. Lontos, P.E., Assistant City Manager, located the subdivision in question on a transparency and stated that the plans included sidewalks on both sides of the newly constructed St. Joseph Street which is in Unit 1 of Highland Oaks Subdivision. He explained that during construction, inspectors noticed that sidewalks were constructed on only one side of the street but according to the ordinance, the Staff is of the opinion that the sidewalk on the other side should be completed. Mr. Lontos explained that he questioned this and at the same time received a request to defer the requirement for the sidewalk on the other side of the street. He expressed the opinion that .the sidewalk should be constructed since it is the only access to Glenoak Drive, and even though Glenoak Drive does not have sidewalks, the Staff feels that this sidewalk on St. Joseph Street is essential for children to exit the subdivision; therefore, the Staff recommends against granting the request for the sidewalk deferment. He stated that he is not aware of any precedent for deferring the sidewalk requirement in a residential subdivision. s ,r Council Meeting March 24, 1982 Page 5 Mr. Cliff Zarsky, developer of the subdivision, informed the Council that at the time his plans were originally presented, he was under the impression that the sidewalk on the other side of St. Joseph Street was not included in the original plat. He displayed a map showing his subdivision and pointed out that all of the area east has not been developed; he stated that he owns the land east of this subdivision; it has not been platted yet and is not being utilized; and noted that there is a sidewalk on one side of St. Joseph Street which would adequately serve pedestrian traffic in the subdivision. He pointed out that the subdivision will be very large and there will be other streets constructed to serve the subdivision. Mr. Zarsky continued his explanation by pointing out that during construction of the other portion of the subdivision, it would be necessary to have heavy trucks going to the area which will possibly damage the sidewalks if they are constructed now. He also pointed out that there are no sidewalks on Glenoak Street which is a very heavily traveled street and he did not think there could be any good reason for people to be served by a sidewalk on both sides of St. Joseph Street since there is no sidewalk when they reach Glenoak Street. Mayor Pro Tem Turner indicated that she understood the problem but noted that the Platting Ordinance does not provide ,for a deferment of sidewalks and the plans did include the sidewalk on both sides of St. Joseph Street. Mr. Zarsky questioned whey the Council could not grant the deferment at this time since there is no reason to have the sidewalk on both sides of the street but stated that if the Council declined to grant the deferment, he would install the sidewalk. Council Member Dumphy pointed out that this question arises repeatedly and the Council has requested numerous times a review of the ordinance pertaining to sidewalks, particularly as to the time when they should be installed. He agreed that he could not remember any instance in which the Council had deferred sidewalk installation except in an industrial subdivision. He reiterated that the Council should review the policy on sidewalks to see if they could be deferred but stated that he is reluctant to approve this deferment since the policy is still in effect. Minutes Regular Council Meeting March 24, 1982 Page 6 Mr. Zarsky again g pointed out that if he installed the sidewalk on that side of St. Joseph Street, it would be broken off during construction of the townhouses eventually planned to be constructed across the street. He stated that he would be willing to place money in escrow for the sidewalk construction at a later date. Mayor Jones noted that if the Council approves this deferrment, there will be other developers making similar requests. Following discussion of this item, Council Member Zarsky returned to the Council Table. 9. Intrastate charter bus service rates be increased by approximately 10% effective April 1, 1982 in accordance with the council's action after the public hearing on transit route changes. The last rate increase was made in August, 1980 and additional revenues are necessary to offset increasing costs of doing business. The recommended rate increase will produce approximately $6,000 between April 1 and July 31, 1982. The new rate will still be less than those charged by other charter services. For an assumed round trip of 200 miles with 39 passengers, the customer cost is: System: Total Cost: Corpus Christi $284.00 American Funtier 317.00 Arrow Coach 298.89 Greyhound 332.10 Continental Trailways 309.96 Mayor Pro Tem Turner questioned why the Corpus Christi Charter Bus System rate is lower than private enterprise rates. Mr. Tom Niskala, Director of Transit Division, explained that in view of the condition of the existing equipment of the City Charter Service, they feel that the City should be in the least expensive position. He explained that this service loses less money than other services in the transit system and there are no UMTA funds for these buses even though they are in need of repair. Mayor Pro Tem Turner suggested that a study be conducted to determine if the City should eliminate the Charter Bus Service. Mr. Niskala stated that the City receives a fee from the bus companies that operate exclusively in the City but not from bus companies such as Greyhound and Continental Trailways since they are regulated by the Railroad Commission. Mayor Jones expressed the opinion that the City should continue this bus service to serve the Convention Center and Mr. Niskala agreed that they are needed for that purpose. Is Jr Council Meeting Maxon 24, 1982 Page 7 Mr. Niskala stated that the City Charter service does satisfy a need in the market place since they primarily serve nonprofit organizations for bus trips in the State of Texas. Mayor Jones summarized by stating that he felt that this rate increase should be approved with the understanding that further study of the Charter System would be made in the future. 10. 15,000 ft. of traffic signal control cable be purchased from Clifford of Vermont, Inc., Bethel, Vermont on the basis of low bid of $6,400. Bids were received from; three firms. The cable will be used for traffic signalization projects such as replacement of deteriorated intersection -interconnection cable and rewiring of traffic signals at existing signalized intersections. 11. A 26' truck mounted crane, installed, be purchased from Commercial Body Corporation, San Antonio, on the basis of low bid meeting specifications of $24,064. The apparent low bid submitted by J. W. Bartholow Co., Corpus Christi, of $21,561 did not meet the capacity requirements of the specifications. Bids were received from three firms. The crane is included in the 1981-82 Wastewater Services budget and will be installed on a truck purchased last year. The crane truck will compliment the Electrician position added last year ,to upgrade lift station maintenance. 12. Two additional 300 amp arch welders for the Wastewater Service Division be purchased from Big Three Industries, Corpus Christi, on the basis of the only bid received of $10,124. The units will be used for repair and maintenance of plant equipment and lines and are included in the 1981-82 Budget to complement additional maintenance personnel added last year. 13. Bids be received April 13, 1982 for two three -wheel motor vehicles with cab and cargo box for Traffic and Transit Department to be used in parking control. The vehicles are included in the 1981-82 Budget and will replace units which are 7 and 9 years old. 14. Bids be received April 13, 1982 for a twelve months supply agreement for approximately 280 mechanical joint gate, flanged and gate and flanged end swing check valves ranging from 4" to 36" to be used by the Water Division. 15. Bids be received April 13, 1982 for an additional elbow/boom aerial bucket to be installed on a City vehicle for the Traffic & Transit Department. The bucket is included in the 1981-82 budget and is part of a preventive maintenance program for the replacement of traffic signal bulbs to reduce the unscheduled call out of crews to perform replacement. 16. Bids be received April 13, 1982 for a replacement bowl assembly for a Byron Jackson 11,000 gallon per minute pump at the Stevens Filter Plant. A new bowl assembly is needed to keep the pump from losing the capacity to meet pumping demand. Rebuilding of the pump is included in the 1981-82 Budget. 17. Bids be received April 13, 1982 for a twelve months supply agreement for approximately 840 cast iron mechanical joint fittings, 100 cast iron flanged -end fittings, 230 swivel hydrant fittings, 375 ductile iron retainer glands and 5,750 miscellaneous bolts, nuts and gaskets for the Water Division. 18. Bids be received April 13, 1982 for 1,000 gals. of 91% cythion insecticide (malathion) for use by the Health Department in mosquito control. Minutes Regular Council. Meeting March 24, 1962 Page 8 19. The City Manager be authorized to execute an agreement with Henry Tucker of Tucker Properties, a partnership, developers of Airline Park, Woolridge Creek, Unit #2, whereby the City will reimburse the developer for the cost of cosntruction of improvements to the park. An appropriation of $53,812 is recommended for the improvements out of the Park Trust Fund. 20. The City Code be amended to extend the prohibition against overnight camping and the building of campfires to include West Guth Park. Council Member Hawkins inquired if this prohibition is in effect in other parks also. Mr. Tom Utter, Assistant City Manager, explained that this amendment would prohibit overnight camping in West Guth Park as well as Corpus Christi Beach and on Shoreline Boulevard. He stated that there are a tremendous number of people camping out in West Guth Park, particularly, on Easter Weekend, and the residents in that area are suffering from the effects of such overnight camping. Council Member Hawkins inquired if the Staff had considered the possibility of requiring a $200 deposit to take care of any possible damage that might be done by overnight campers. Mr. Utter explained that on Easter and other holiday, weekends, so many people have been availing themselves of the overnight camping in the park that it would be impossible to determine who might have caused damage such as broken fences, etc. Council Member Gulley also explained the tremendous damage that is done at West Guth Park, particularly on holiday weekends. Mayor Pro Tem Turner pointed out that West Guth Park was never intended to be an overnight camping park since there are no facilities for this. * Council Member Charles W. Kennedy arrived at the meeting at 3:02 p.m. 21. Bids be received April 13, 1982 for one ambulance module removed from present cab and chassis, refurbished, and installed on a new cab and chassis provided by bidder. The project is included in the 1981-82 Budget. Refurbishing of the module will extend its service life. The cab and chassis to be replaced is a 1978 model. Purchase of a completely new ambulance would cost at least twice as much as refurbishing the module and placing it on a new cab and chassis. The refurbishing and mounting of this unit, the two replacement ambulances purchased earlier this year and the four purchased last year will complete the updating of the ambulance fleet. I b .4r Council Meeting March 24, 1982 Page 9 22. Twelve months supply agreement for lubricating oils and greases be awarded based on low bids as follows: Industrial Lubricants, Corpus Christi, Texas 5,700 gal. Hydraulic Oil $10,950.00 950.00 170 gal. Automatic Transmission Fluid, Type F 469.70 240 lbs. Wheel Bearing Grease 168.00 2,500 gal. Anti -Freeze 8,675.00 Total - $20,262.70 Gulf Oil Corporation, Houston, Texas 500 gal. Auxiliary Natural Gas Engine Oil $ 1,633.50 9,260 gal. Motor Oil 22,843.00 3,025 gal. Torque Fluid 7,592.75 3,700 lbs. Extreme Pressure Grease 1,655.00 6,720 lbs. Moly Disulfide Grease 4,425.00 Total - $38,149.25 Texas Star Service, Corpus Christi, Texas 7,535 gal. Solvent $11,227.15 1,020 gal. Automatic Transmission Fluid, Dextron 2,312.00 Total - $13,593.15 Grand Total- $72,005.10 The apparent low bid of $134.30 by Tideport Petroleum and $156.00 by Exxon Company on wheel bearing grease are not recommended becasue the small difference between these bids and the recommended bid is not sufficient to justify establishing and administering a separate contract. Six bids were received. Price comparison shows an increase of 16% over the previous contract. 23. The following grant applications be submitted to the Criminal Justice Division and priority for their funding be establsihed in the following order: a) Continuation of the Nueces County Organized Crime ControlUnit from March 1, 1983 through February 29, 1984. The budget totals $316,788 of which the state funded portion is $123,641 and the remaining portion, $193,147, is supplied by local contributions. The City's share is $167,533 and $25,614 is county's share. Under the grant, the state funds the position of analyst, secretary, and one deputy sheriff; the city pays for a lieutenant, two sergeants, and two police officers; and the county pays for a deputy sheriff and the part-time services of an assistant district attorney. The Nueces County Organized Crime Control Unit has been funded since 1972. b) Continuation of the Police Administration Psychological Assistance grant from February 1, 1982 through January 31, 1984. The budget totals $23,000 with the CJD portion $4,600 (20%) and the City's portion $18,400 (80%). The grant pays for the professional psychological services of Dr. M. D. Koch and is available to sworn personnel and their families. The grant has been funded since 1979. c) $175,847 for a Burglary Task Force from August 1, 1982 through July 31, 1983. The.CJD portion is $146,925 and the City's portion is $8,422 cash and $19,500 in-kind. The grant provides for salaries for three police officers and support equipment. This unit will allow officers to identify burglary patterns of habitual offenders and their fences in ,order to reduce burglaries. Minutes Regular Council Meeting March 24, 1982 Page 10 d) $144,040 for the Civilian Advisors for the- Crime Prevention Program from September 1, 1982 through August 31, 1983. The grant will be 100% funded by the CJD and will pay for two civilians, overtime for police officers and consultant fees for advertising to maximize the effectiveness of the existing Neighbors on Watch Program. The Crime Stoppers grant for January 1 through December 31, 1981 be amended to conform to the grant as awarded by CJD. The total grant budget is revised from $40,602 to $40,567 with a local portion of $1,341 which is 25% of the cost of video equipment for the airing of reenactment of unsolved crimes. City Manager Martin pointed out to the Councils that this item on the afternoon agenda has been revised to change the order of the priority of the funding. Mayor Jones inquired about the function of the two civilian advisors as listed in item (d) of 23. Police Chief Bill Banner stated that the Department plans to hire two civilians to actively recruit neighborhoods for participation in the Neighbors on Watch Program., He explained that the Police Department Staff has difficulty in keeping up with the many requests for this service and they feel it is very important. City Manager Martin agreed that this is the only way that this City is going to successfully eliminate neighborhood burglaries and the Staff feels that it is very important to move this forward as soon as possible. Chief Banner pointed out that the fact that the Council might authorize these grant applications does not mean that the City will necessarily receive the grants. 24. The City purchase a three year Fire and Extended Coverage insurance policy from Commonwealth Lloyd's Insurance Company at a premium of $333,663.00 for the period March 31, 1982 through March 31, 1985. The Insurance Advisory Committee concurs in this recommendation. Insured property values increased from the 3-31-79 value of $39,393,762 to $66,878,060, an increase of $27,484,298, which included a net inflation value increase of $12,074,298. The 3 year premium increased from the 3-31-79 premium of $205,926 to $333,663, an increase of $127,737. The cost per $100 of coverage has decreased from $.52 to $.50. Mi Council Meeting Mat.... 24, 1982 Page 11 25. Tax Roll Adjustments for 5-1-81 thru 7-31-81 be approved Eor the following: City of Corpus Christi Water District Prior Prior Years Years 1980 Levy Levies Levies Tax Levies 8-1-80 $21,861,832 $2,013,297 $20,999 Prior Approved changes 8-1-80 thru 4-30-81 (90,666) (101,406) (207) Recommended changes 5-1-80 thru 7-31-81 (4,979) (6,279) (62) Tax Levies 7-31-81 $21,766,187 $1,905,612 $20,730 The net decrease of $4,979 to the 1980 City Tax Levy consists of a net decrease of $780 in real property and a net decrease of $4,199 in personal property. Real property adjustments include a decrease of $940 for 15 Disability Exemptions proven valid, a decrease of $967 for 14 Homestead Exemptions proved valid, and a decrease of $696 for 9 Clerical Errors. Personal property adjustments include a decrease of $1,808 for 20 properties Based on Wrong Information, a decrease of $1,027 for 10 properties Double Assessed and a decrease of $711 for 13 properties where Taxpayers Presented Records. Mayor Jones inquired as to how much the City will actually receive from the industrial district agreements and City Manager Martin replied that he will have a report for the Council on this next week. Mayor Jones called for comments from the audience on the City Manager's Reports. Mr. A. B. Cross, 317 East Wildwood, comlimented the Council on the item pertaining to West Guth Park. He stated that he hoped, however, that the prohibition against overnight camping and campfires did not eliminate the possibility of having barbecues. He stated that all of his neighbors would be very pleased at the Council's action on this. Also speaking in favor of passage of this ordinance prohibiting the overnight camping were Mrs. Laura Berry, 9646 Paula Drive, and Mrs. William M. Trott, 9839 Daisy. Mayor Jones suggested that this ordinance be passed on an emergency basis so that it will be in effect and enforceable on Easter weekend. There were no further comments from the audience on the City Manager's Reports. A motion was made by Council Member Kennedy that the City Manager's Reports, items 1 through 25, be approved as presented; seconded by Council Member Gulley; and passed by the following vote: Jones, Dumphy, Gulley, Hawkins, and Kennedy voting "Aye" on all of the items; Turner voting "Aye" on Minutes Regular Council Meeting March 24, 1982 Page 12 all of the items with the exception of item 1 on which she abstained; and Zarsky voting "Aye" on all of the items with the exception of item 8 on which he abstained. ********* Mayor Jones announced the public hearing on the following alley closing: Closing 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 hearing on February 16, 1982 at which time they recommended closing 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. 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 closing. Assistant City Manager Lontos located the alley on a transparency and stated that the Staff concurs with the closing of this alley since the applicant has offered to donate land for an easement. Mr. Bob Hoenschidt, Real Estate Broker representing the owners of adjacent land, Dr. Donald E. Hanna and Mr. Roger Grote, explaining that they are willing to donate land for the alternate easement. He urged approval of the alley closing. No one spoke in opposition to this request. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. Mr. Lontos informed the Council that an ordinance to close the alley and a document to accept the gift of land will be on the agenda next week. ********** Mayor Jones announced the public hearings on three zoning applications: Assistant City Manager Utter announced the public hearing on Application No. 282-12, Bennett and Associates, Inc., for change of zoning from "R -1A" One -family Dwelling District to "PUD -2" Planned Unit Development located at the southeast corner of Ocean Drive and Airline Road, Lots 1 through 4, Block 2, Zughni Subdivision. Mr. Utter pointed out to the Council that the Planning Commission recommends approval subject to a fire hydrant being placed at the direction of the Fire Chief, a proper sight triangle being provided at the intersection of Is &r Council Meeting March 24, 1982 Page 13 the private street and Ocean Drive as required by the Traffic Engineering Department, and there be only one access point to all the lots, and the Planning Staff recommends approval with six conditions, all of which have been met by the developer. He stated also that 21 notices of the public hearing had been mailed, and in response, two in favor and two in opposition had been returned. Mr. Charles Bennett, the applicant, stated that they have a square foot minimum of 2500 for all of the houses; most of the houses will be between 3,000 and 4,000 square feet, and all of the questions of the Staff have been resolved in their plans. He stated that the street name will be Ocean Drive and the number will be 4700. He assured the Council that, if in the future, the Traffic and Transit Department feels that there should be a cut in the median, they will pay for this median cut on Ocean Drive. Mrs. L. D. Crumly, 4747 Ocean Drive, stated that she and other neighbors are concerned about the increase in traffic and they just want to be sure that they will be able to have an unobstructed view of traffic on Ocean Drive when they exit their property. She pointed out that 4700 Ocean Drive property owners will use the same median cut but Mr. Tom Stewart, Director of Traffic and Transit, has assured them that he would check the plat to be sure that there is no problem with the traffic. She then questioned if zoning this property "PUD -2" would set a precedent for other lots on Ocean Drive which are sold and if all of them will be divided in this manner. Mayor Jones assured Mrs. Crumly that each case is considered separately on zoning matters. No one else spoke in regard to this zoning application. A motion was made by Council Member Zarsky that the hearing be closed, seconded by Council Member Hawkins, and passed unanimously. A motion was made by Council Member Zarsky that the Council concur with the recommendation of the Planning Commission and the zoning of "PUD -2" be approved for Application No. 282-12; seconded by Council Member Gulley; and passed unanimously. Mr. Utter announced the public hearing on the proposal to amend the Zoning and Platting Ordinances to create a new zoning district and platting regulations which will allow single-family residential lots with a minimum size of 4,500 Minutes Regular Council Meeting March 24, 1982 Page 14 square feet. He stated that both the Planning Commission and the Planning Staff recommend approval of this amendment which would create a new zoning classification to reduce the minimum lot size for residential property from 6,000 square feet to 4,500 square feet. Mr. Wenger explained that this creates a new district that allows for the smaller lots; the front yard will be reduced from 25 to 20 feet; and the change would require an amendment to the Platting Ordinance and an amendment to the Zoning Ordinance. He informed the Council that this request emanated from the community because there has been a desire by many builders to lessen the size of lots .so that afordable housing could be constructed. He explained that this will apply to new areas of the City. No one spoke in opposition to this change. A motion was made by Council Member Zarsky that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Council Member Zarsky that the change in the Zoning Ordinance be adopted, seconded by Council Member Dumphy and passed unanimously. A motion was made by Council Member Zarsky that the amendment to the Platting Ordinance also be adopted, seconded by Council Member Dumphy and passed unanimously. Mr. Utter announced the public hearing on Application No. 382-1, Mr. Dennis Giles, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District located on the east side of Everhart Road, approximately 112' south of Harry Street, Lot 1 and a 9.70 foot wide strip out of Claremont Place adjacent to Lot 1, Sunnyside Strip Addition. Mr. Utter stated that both the Planning Commission and the Planning Staff recommend approval and that in response to the nineteen notices of the public hearing, five in favor and one in opposition had been returned. Mr. 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 applicant plans to build offices at this location. Mr. Sheldon Katz, 5440 Everhart, spoke on behalf of the owner of the property and expressed appreciation to the Staff and the Planning Commission for their cooperation. No one spoke in opposition to this request. tes lar Council Meeting march 24, 1982 Page 15 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 Mayor Pro Tem Turner that the zoning of "AB" be approved for Application No. 382-1, seconded by Council Member Dumphy and passed unanimously. **n****** Mayor Jones called for the ordinances. City Manager Martin briefly explained the ordinances on the agenda. ** Council Member Gulley departed the Council Meeting at 3:45 p.m. There were no comments from the audience on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were approved: SECOND READING: AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 53-257, SCHEDULE VIII, PARKING METER ZONES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE. (First Reading - 3/17/82) The fore ordinance was read for tahe second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". SECOND READING: ESTABLISHING SECTION 53-177 IN CHAPTER 53, ARTICLE V, OF THE CITY CODE ENTITLED LOAD RESTRICTION SIGNS FOR VEHICLES USING CERTAIN STREETS AND ESTABLISHING SECTION 53-258, SCHEDULE IX, IN CHAPTER 53, ARTICLE V, OF THE CITY CODE ENTITLED LOAD RESTRICTIONS UPON VEHICLES USING CERTAIN STREETS (First Reading 3/17/82) The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH E. H. MOORE HOMES, INC. AND J. R. BUILDERS, INC., FOR THE ANNEXATION OF 79.59 ACRES OF LAND OUT OF LOT 1, SECTION 19, BOHEMIAN COLONY LANDS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. (First Reading - 3/17/82) The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". THIRD READING - ORDINANCE NO. 16953: 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. ,(First Reading - 3/10/82, Second Reading - 3/17/82) The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". Minutes Regular Council Meeting March 24, 1982 Page 16 THIRD READING - ORDINANCE NO. 16954: 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; PROVIDING FOR PUBLICATION. (First Reading - 3/10/82, Second Reading - 3/17/82) The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16955: 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 GULF OIL COMPANY BY GRANTING A SPECIAL COUNCIL PERMIT TO ACCOMMODATE TWO NEW SIGNS ONLY FOR THE EXISTING SERVICE STATION ON BLOCK 8, BROOKDALE PARK, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", 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, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "Nay"; Gulley, "absent". ORDINANCE NO. 16956: ESTABLISHING NEW RATES FOR CITY'S INTRASTATE CHARTER BUS SERVICE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance pased by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE N0. 16951: DETERMINING THE NECESSITY FOR IMPROVING NORTH SHORELINE BOULEVARD, FROM CANAL AVENUE TO COASTAL AVENUE AND PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charier Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16952: ADOPTING THE STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT FOR COSTS OF IMPROVEMENT OF NORTH SHORELINE BOULEVARD, FROM CANAL AVENUE TO COASTAL AVENUE; ASSESSING COSTS AGAINST ABUTTING PROPERTY AND SETTING A PUBLIC HEARING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy ;and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE N0. 16957: AUTHORIZING CONTRACT WITH Z & R ROOFING COMPANY FOR IMPROVEMENTS TO THE HIALCO CENTER ROOF AND APPROPRIATING $23,000 FOR SAID PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarksy voting, "Aye"; Gulley, "absent". ' S Jr Counci]. Meeting Mayen 24, 1982 Page 17 ORDINANCE NO. 16958: APPROPRIATING $875 FOR LABORATORY TESTING BY GULF COAST TESTING LABORATORY, INC., IN CONNECTION WITH THE STAPLES-WOOLDRIDGE OUTFALL DRAINAGE SYSTEM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16959: AUTHORIZING AN AGREEMENT WITH THE DEVELOPERS OF BUCKINGHAM ESTATES SUBDIVISION CONCERNING REIMBURSEMENT TO SAID DEVELOPERS FOR OVERSIZING OF SANITARY SEWER PIPE AND APPROPRIATING $36,100 FOR SAID REIMBURSEMENT; AND DECLARING AN. EMERGENCY. ,The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye", Gulley, "absent". ORDINANCE NO. 16960: AMENDING THE CORPUS CHRISTI CITY CODE BY AMENDING CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, ARTICLE I, IN GENERAL, TO PROHIBIT CAMPING AND CAMPFIRES IN CORPUS CHRISTI IMPROVEMENT DISTRICT, WEST GUTH PARK AND SHORELINE -OCEAN DRIVE PARKWAY, ANI) DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, (Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16961: AUTHORIZING AN AGREEMENT WITH HENRY TUCKER CONCERNING REIMBURSEMENT FOR PARK IMPROVEMENTS TO AIRLINE PARK AND APPROPRIATING $53,812 FOR SAID REIMBURSEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16962: AUTHORIZING AN AGREEMENT WITH CANDYSTICK CORPORATION CONCERNING REIMBURSEMENT TO DEVELOPER FOR SANITARY SEWER SYSTEM CONSTRUCTION AND APPROPRIATING $34,653 FOR SAID REIMBURSEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16963: AUTHORIZING CONTRACT WITH MAVERICK ENGINEERING COMPANY FOR PLANS AND SPECIFICATIONS FOR THE WOOLDRIDGE ROAD SANITARY SEWER TRUNK AND APPROPRIATING $22,500 FOR SAID CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16964: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, UPON APPLICATION OF BENNETT AND ASSOCIATES, INC., BY GRANTING DESIGNATION OF "PUD -2" PLANNED UNIT DEVELOPMENT ON LOTS 1 THROUGH 4, BLOCK 2, ZUGHNI SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting March 24, 1982 Page 18 d The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16965: 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, BY ADDING A NEW ZONING DISTRICT TO BE NUMBERED ARTICLE 6A "R -1C" ONE FAMILY DWELLING DISTRICT REGULATIONS; AMENDING ARTICLE 24 HEIGHT, AREA AND BULK REGULATIONS, BY AMENDING SECTION 24-1 BY ADDING A NEW ARTICLE 6A TO PROVIDE FOR THE R -1C DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16966: AMENDING THE PLATTING ORDINANCE NO. 4168, AS AMENDED, BY AMENDING SECTION IV DESIGN STANDARDS, SUBSECTION E, LOTS, PARAGRAPH 2, SUBPARAGARAPHS (a) AND (b), TO PROVIDE FOR SINGLE-FAMILY RESIDENTIAL LOTS WITH A MINIMUM SIZE OF 4,500 SQUARE FEET. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16967: 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 DENNIS GILES, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 1 AND A 9.70 FOOT WIDE STRIP OUT OF CLAREMONT PLACE ADJACENT TO LOT 1, SUNNYSIDE STRIP ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-18" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, and Kennedy voting, "Aye"; Zarsky, "abstaining"; Gulley, "absent". ********** Mayor Jones. called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Lilly White, 2729 Kitchen Street, representing the George Evans Council, stated that the residents of that area are concerned with streets and drainage. She urged that something be done to improve this situation. Also speaking in regard to this matter was Mrs. Avila Suarez who indicated that she had difficulty communicating in English. es .ar Council Meeting Ma,.ch 24, 1982 Page 19 Deputy City Manager Briones explained this is in the vicinity of the George Evans School on Comanche Street and stated that he was of the opinion that this area was included in the Bond Election that was held recently. He stated, however, that the Staff will check this and call Mrs. White so that she can inform the other residents of the area. Council Member Dumphy referred to property on Rodd Field Road and County Road 26A adjacent to the development of Mr. Roger Seaman. He stated that this is a contractual annexation matter; Mr. seaman's property abuts the property that a small church has purchased; and that church has agreed to pave a portion of the street but they were not aware that they would be required to do this when they purchased the property. He questioned if Mr. Seaman had signed a contract to the effect that he would build the road since the church would have difficulty in funding the $50,000 cost for their portion of paving the road. Mr. Utter pointed out that that annexation contract was between the City and Mr. Seaman and it is Mr. Seaman's responsibility to build the street. He assured Mr. Dumphy that the Staff will investigate this and try to work it out. Mr. Dumphy stated that the obligation to pave the street has been passed on to the church and they are concerned but they do plan to have a meeting tomorrow morning with Mr. Seaman. Assistant City Manager Lontos stated,that apparently there is some lack of communication between the developer, the buyer and the engineer on the project. He stated that, basically, the developer did agree to provide for the street in his annexation contract with the City. City Manager Martin elaborated by stating that there is a need to examine the annexation document, the contract between the developer and the buyer of the land, and if the meeting between the church officials and Mr. Seaman is unsuccessful in resolving the problem, the City will see what can be done. Council Member Hawkins suggested that an interpreter be available in the Council Chamber for anyone who wishes to address the Council and feels uncomfortable speaking in English. He suggested that it be noted on the agenda that such an interpreter is available during the Council Meetings. City Manager Martin agreed that this could be done and that Mr. Ernest Briones could act as interpreter. Minutes Regular Council Meeting March 24, 1982 Page 20 Council Member Hawkins complimented City Secretary Read on his efforts in obtaining approval from the Justice Department of the City's recent annexations and the bond election. There being no further business to come before the Council, on motion by Council Member Zarsky, seconded by Mayor Pro Tem Turner and passed unanimously, the Regular Council Meeting was adjourned at 4:20 p.m., March 24, 1982.