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HomeMy WebLinkAboutMinutes City Council - 06/23/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 23, 1982 2:00 P.M. PRESENT: Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley Herbert L. Hawkins Dr. Charles W. Kennedy Cliff Zarsky ABSENT: Mayor Luther Jones Uo �* City Manager Edward Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem Betty N. Turner called the meeting to order in the Counci]. Chamber of City Hall. The invocation was given by the Reverend Edwin Harvey of All Saints Episcopal 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 Pro Tem Turner called for consideration of the Minutes of the Regular Council Meeting of June 16, 1982 and made one correction on page 2 to insert the words, "obtain funds to publish the directory of facilities designed for the handicapped". A motion was made by Council Member Hawkins that the Minutes be approved as corrected, seconded by Council Member Dumphy, and passed unanimously. Mayor Pro Tem Turner then administered the oath to the following new appointees to Boards and Committees: Mr. Ron Grant appointed to the Bay Drilling Committee and Dale Rasco, D.V.M. appointed to the Animal Control Advisory Board. MICROFILMED SEP 191984 Minutes Regular Council Meeting June 23, 1982 Page 2 Mayor Pro Tem Turner called for the bid opening on the following engineering project: Glenoak Drive Storm Sewer Extension Project. This 1977 Bond Project provides for the installation of 60" diameter storm sewer conduit in the large open ditch which exists at the extension of Glenoak Drive at Flour Bluff Drive. The very large drainage ditch was cut in 1968 to relieve flooding in the Glenoak-Flour Bluff Drive-Retta Street area. Subdivision construction is now taking place within this drainage area •and the Glenoak Drive extension will provide a drainage outfall for the existing subdivision as well as a sizeable area of this portion of Flour Bluff. Mr. Janes K. Lontos, Assistant City Manager, opened and read bids from the following firms: APCCO; Austin Engineering Co., Inc.; C & C Industrial Builders; Claude Chapman Construction Co.; Farrell Construction Co.; Goldston Corporation; H & H Concrete Construction Co.; Heldenfels Brothers, Inc.; Isles Construction Co.; Maverick Construction Co.; Mormac Construction Co.; and W. T. Young Construction Co. Mayor Pro Tem Turner expressed appreciation to all of the companies that had submitted bids and stated that the bids will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. ********** Mayor Pro Tem Turner called for Action of the Council from the Workshop Session as follows: Request for proposals for renovation and expansion of the City Hall be received on September 1, 1982. A motion was made by Council Member Gulley that the foregoing item be approved, seconded by Council Member Hawkins, and passed unanimously. ********** Council Member Gulley stated that he would be absent for the next Council Meeting and referred to the Budget that would be considered within the next few weeks. He stated that he would like to propose a change in the manner in which the City Secretary's budget is submitted. He•noted that there have been concerns expressed about Council travel expense and he was of the opinion that the City Secretary's budget should be separated into three categories: (1) Mayor's budget; (2) Council budget; and (3) City Secretary's Office budget. Minutes Regular Council Meeting June 23, 1982 Page 3 Council Member Zarsky indicated his concurrence and stated that the Council had requested several weeks ago a comparison of expenses in other cities of the Council's budget. City Manager Ed Martin stated that this information will be in the Council's packet Friday. Mayor Pro Tem Turner, Council Members Dumphy and Hawkins indicated -their concurrence with this method of setting up the budget and Council Member Hawkins requested that the Council budget include funds for educational purposes. Mayor Pro Tem Turner called for consideration of Actions of the City Council by Motion on the following items: 1. A public hearing be held on July 7, 1982 on the contractual annexation of the following two tracts of land: a. A 4.77 acre tract located north of FM 624 and west of County Road 69 being platted as Lots 3, 4, and 5, Block 1, Nueces River. Irrigation Park, Annex No. 1. b. 21.179 acres out of Lot 2, Block 1, Nueces River Irrigation Park located south of FM 624 opposite Wildcat Drive. The owners of the two tracts have signed annexation contracts. 2. A public hearing be set for July 7, 1982 on an amendment to the Master Sanitary Sewer Plan for the Flour. Bluff Area in the vicinity of Purdue Road and Laguna Shores Road. The change is being considered relative to the first phase development' of an 80 -acre subdivision on Purdue Road and would provide for a 12 -inch gravity line in Purdue Road in lieu of a deeper 18 -inch trunk sewer and would also recognize an existing lift station as permanent rather than temporary. In addition, the requirement of charging the developer $800/acre for the off-site sewer is recommended. 3. A public hearing be held July 14, 1982, on the closure of an existing 14 -foot wide dedicated but unimproved alley in Block 20, Chamberlain Addition. The request to close the alley was made by Mathieu Electric Company who proposes to expand their current facilities abutting the unopened alley. Although the request was for a partial closure, it is recommended that the entire alley be closed. No utilities are in the alley, and the staff has no objections to the closure. 4. The following actions be taken in connection with improvements at the Corpus Christi International Airport: (a) That the plans and specifications for the rental car parking lots be approved and bids be received July 21, 1982. The plans include the renovation and enlargement of the lots to accommodate the rental cars from the present 75 spaces to 133 spaces. (b) That the plans for the landscaping of the entrance road with palm trees and oleanders, and the landscaping of the area between the rental car lot and the loop road be approved, and bids be received July 21, 1982. Minutes Regular Council Meeting June 23, 1982 Page 4 (c) That the modification of the parking lot to reduce the short term parking and increase the long term parking be approved, and the parking meters along the loop road be removed to provide safer driving through and improve loading and unloading. (d) The preliminary report for the expansion of the commercial ramp and improvements to the safety areas at the end of runways be approved. The plans include the expansion of the ramp westwards another 300 feet to provide for two additional aircraft positions and grading and drainage improvements to the safety areas. 5. That the preliminary plans for the signage of the Corpus Christi International Airport be approved and the Architects be authorized to proceed with the final plans and specifications. The signage package includes a uniform and coordinated system of signs for the terminal and parking lot in international symbols, with many in bi-lingual form, as well as an entrance sign of high quality. 6. Bids be received July 23, 1982 for the Airport Advertising Concession. The present agreement is on an annual basis with a minimum guarantee of $2,000 per year. Anticipated revenues of $15,000 are projected for fiscal year 1981-82. Under a new agreement which should be for a 5 -year term, a $20,000 per year minimum guarantee or 50% of gross, whichever is greater, is expected. Present agreement, which expires October 31, 1982, requires 90 -day written notice of cancellation prior to anniversary date. 7. Plans and specifications be approved and bids be received July 21, 1982, for modifications to the air conditioning and heating system at the Greenwood Branch Library. It is proposed to provide a new water chiller and replace the existing duct work in the crawl space under the building. A new boiler would also be provided for the building's heating system. The existing air conditioning and heating equipment is gas fired and was installed in 1966 with parts for the equipment no longer being made. The 1981-82 General Revenue Sharing budget allocated $60,000 for this work. 8. A twelve months supply agreement for gas and water meters be approved on the basis of low bid as follows: Sprague Meter Co., Bridgeport, CT. 1,000 - 175 cubic feet and 30 - 415 cubic feet gas meters Singer -American Meter Co., Garland, TX 23 - 1600 cubic feet to 10,000 cubic feet gas meters Neptune Meter Co., Dallas, TX. 2,500 - 5/8" and 50 - 3/4" water meters Carlon Meter Co., Grandhaven, MI. 75 - 1", 120 - 11/2" and 70 - 2" water meters $ 44,222.50 $ 27,387.50 $ 64,400.00 $ 35,007.00 GRAND TOTAL - $171,017.00 Nine bids were received. Prices have increased approximately 3% on the gas meters and 2% on the water meters. Minutes Regular Council Meeting June 23, 1982 Page 5 9. A twelve months supply agreement for approximately 48,885' of 4" - 15" clay sewer pipe and 6,259 related fittings to be used by Wastewater Services be awarded based on low bid to Dickey Company, San Antonio for 892,819.35. Two bids were received. Prices have increased approximately 5% since the previous contract of June, 1981. 10. Bids be received July 13, 1982 for twelve months supply agreement for 200 boxes of flexible plastic gaskets (20 per box) and 10 gallons of primer for Wastewater Services. 11. Bids be received July 20, 1982 for a 15' 3 -wing self propelled rotary mower for the Park Division. This equipment is included in the 1981-82 Budget and will replace a 1978 model mower with approximately 5,000 hours of use on it. 12. Goldking Production Company be granted a permit to drill a well from a regular location in Nueces Bay that is 7,000 ft. in a northwesterly direction from the Tule Lake Lift Bridge. The State Tract 746 Well No. 3 will be drilled as a straight hole to a depth of 13,000 ft. No exceptions to the Bay Drilling Ordinance are requested. 13. Goldking Production Company be granted a permit to drill a well from a regular location in Nueces Bay that is 10,700 ft. in a northerly direction from the Tule Lake Lift Bridge. The State Tract 706 Well No. 1 will be drilled as a straight hole to a depth of 13,000 ft. No exceptions to the Bay Drilling Ordinance are requested. 14. Highland Resources, Incorporated be granted a permit to drill a directional well from a regular surface location five miles seaward of the Harbor Bridge and 400 ft. south of the ship channel right-of-way. The state Tract 18 Well No. 1 will have a vertical depth of 9,500 ft. under the center of the ship channel. No exceptions to the Bay Drilling Ordinance are requested. 15. McCall, Parkhurst & Horton, Dallas, Texas, be employed to provide bond attorney service and M. E. Allison & Co., Inc., San Antonio, Texas, be employed to provide financial advisory service for the sale of $10,000,000 general obligation bonds on a date to be determined. 16. Prudential/TML Insurance Trust Fund be awarded the Administrative Services Only contract for claims administration for the City's self-funded employee group medical and life insurance program effective August 1, 1982 on the basis of low bid of $361,405 excluding claims. Nine bids were received. 17. Bids be received July 6, 1982 for the three (3) year concession rights for the softball Complex at Bill Witt Park and the three (3) year concession rights for Cole Park. 18. The public hearing on Central Power & Light Company request for a rate increase held on May 19, 1982 and recessed until the latter part of June be reconvened during the regular Council Meeting on June 30, 1982. Various Council Members indicated that they would like to discuss further items 2, 15, 16, 17 and 18. Mayor Pro Tem Turner ascertained that there were no comments from the audience on the other items. A motion was made by Council Member Hawkins that items 1 through 18, with the exception of items 2, 15, 16, 17 and 18 be approved; seconded, by Council Member Dunphy, and passed unanimously. Minutes Regular Council Meeting June 23, 1982 Page 6 Council Member Zarsky referred to item 2, pertaining to an amendment to the Master Sanitary Sewer Plan for the Flour Bluff area in the vicinity of Purdue Road and Laguna Shores Road and asked to see a map of the area. Assistant City Manager Lontos provided a map of the area and informed the Council that the Staff has received a request for sewer service on a tract of land in that area. He explained that because of a change in the Master Plan and since the City is assuming the maintenance of the sewer line, that the developer should be charged $800 per acre for the service. He informed the Council that the owner objects to this fee even though others have paid the same amount. He explained the reasons for the need to change the Master Plan and stated that the existing planned use for the area would make this change satisfactory unless there is some development that would have a major impact on the sanitary sewer system, in which case it would not work. Mayor Pro Tem Turner referred to item 15 and asked for an explanation of the difference in the services of the bond attorney and the financial advisor. City Manager Martin explained that the bond attorney may not necessarily work for the City; it is his responsibility to see that the bonds remain tax-exempt; the financial advisor's responsibility is to assist in the official statement and work with the bond attorneys on the issue. Mayor Pro Tem Turner then referred to item 16 pertaining to the Prudential/TML Insurance Trust Fund and inquired if this is for administrative services only. Mr. Martin stated that they are awarding a contract for life insurance as well. Mr. Chuck Speed, Director of Personnel, stated that the cost for these services will only be $3.35 per employee, which will vary somewhat. City Manager Martin provided further explanation and stated that in this area for medical insurance, it is not cost effective to administer your own claims because of the recordkeeping, payments, etc. He explained that it is only through bulk handling that a City could profitably handle claims within its own office since it is necessary to have certain expertise for such administration. He further stated that this cost represents only about $90,000 to $100,000 other than the life insurance. Mayor Pro Tem Turner and Council Member Zarsky suggested that the Staff study the possibility of hiring employees to handle claims. Minutes Regular Council Meeting June 23, 1982 Page 7 On a related matter, Mayor Pro Tem Turner inquired as to who insures the City -owned property. City Manager Martin stated that the City's equipment is uninsured, but basically, the City is self-insured for most items. Mr. Chuck Daley, Assistant Director of Finance, informed the Council that the buildings owned by the City are covered for fire insurance for 80% of. replacement. Council Member Kennedy noted that if other entities, such as Corpus Christi independent School District and Nueces County, are self-insured, then possibly the three entities could cooperate on administrative costs for handling claims. Council Member Zarsky referred to item 17 which pertained to concession rights, for the softball complex at Bill Witt Park and stated that a citizen called him and informed him that he had received concession rights to sell kites at Cole Park. City Manager Martin explained that the man referred to actually only has a license to sell kites in Cole Park and only paid $25 for his permit. Assistant City Manager Utter further explained that the permits for sale of items in parks is controlled by the Park and Recreation Department; each permit is specified for a particular park; and in the future, if they find that there are too many people attempting to sell the same kind of items in a particular park, concession rights for that item will be considered. City Manager Martin explained that this City has not had that problem yet, but some cities have experienced such problems when too many vendors are operating in the same area. He also stated that the City will not issue a permit for vendors to sell the same items that a concessionaire sells. Council Member Zarsky then suggested that Corpus Christi Beach be considered for a concessionaire. Mr. Utter stated that he concurred if the Beach becomes more utilized thus creating a demand for a concession. City Manager Martin referred to item 18 in regard to the recessed public hearing on the Central Power & Light Company request and suggested that the time of 4:00 p.m. be set for this recessed public hearing. There were no questions from the audience on the foregoing items. Minutes Regular Council Meeting June 23, 1982 Page 8 A motion was made by Council Member Dumphy that items 2, 15, 16, 17, and 18 be approved; seconded by Council Member Kennedy and passed by the following vote: Turner, Dumphy, Kennedy and Zarsky voting, "Aye"; Gulley, absent from the Council Chamber at the time the vote was taken; Jones, "absent". ********** Mayor Pro Tem Turner called for actions of the City Council'by ordinance. Council Member Zarsky referred to new ordinance a, which is the first reading of an ordinance adopting a code of ethics for City officials and employees. He referred to a previous concern as to whether or not exceptions could be made for the purchase of items from a company with which a City official or employee is associated if that item is not available anywhere else. He stated that apparently, the Legal Department indicates that such exceptions are not possible. City Manager Martin explained that that restriction is set by the City Charter and the City cannot change it without a vote to change the Charter. Council Member Zarsky suggested that this be placed as an item on the City Charter Amendment Election because he felt that if the public is aware that officials of the City are associated with their firm, then there would be no conflict of interest if that official simply abstained from voting. Council Member Hawkins stated he did not believe that this is really a problem and that he felt that there are very few occasions on which the only available source for an item to be purchased would be from a firm with which a Council Member, Board Member or Staff member is associated. Council Member Dumphy indicated his concurrence with that statement. City Manager Martin stated that he questioned whether the Council should pursue a charter amendment to change such an item. Council Member Dumphy expressed the opinion that it should not be considered during an election. Mayor Pro Tem Turner inquired if a Council Member would have to reveal their sources of income. City Manager Martin stated that the Code of Ethics being considered does not have this requirement and he was of the opinion that the City should not require such disclosures because the City should only be concerned as to what might affect a Council Member's income. Minutes Regular Council Meeting June 23, 1982 Page 9 Council Member Kennedy inquired about the impact of the Code of Ethics for a board member who, for example, might be serving on the Airport Advisory Board and who might own a company or a concrete supply company that does business at the airport. - City Manager Martin explained that there would be no problem unless the material to be purchased was actually for the airport or, in other words, an action on which that member would vote. He further elaborated by stating that if the City has a contract with a board member, then that board member would be required to resign from that board. Council Member Hawkins referred to new ordinance b which allows for an appropriation for legal fees for the defense of individual police officers in the American Civil Liberties Union Lawsuits. City Manager Martin explained that the State law requires that the City must provide liability coverage for police officers and this is for a private legal fees for the ACLU lawsuit. One of the Council Members referred to item c, calling for an amendthent to the compensation plan for the Airport Manager and for the Chief Engineer, and inquired if these were included in the budget last year. City Manager Martin explained that this is just a one step increase; they were not included in the budget; they would take effect immediately but would only involve a small amount for the remainder of the budget year. He stated that he was of the opinion that the changes in titles are more reflective of the two positions. Mayor Pro Tem Turner referred to item e which authorizes an agreement with Hidden Harbor Associates to provide food and liquor concession at the Corpus Christi International Airport. She informed the members of the audience that the City Council had met at the airport to discuss several of the items pertaining to that facility and were very proud to announce that many things were planned to improve the airport and bring it up to the standards this City should have. She then requested that Airport Manager Jerry Sealey display architect's renderings of the plans for the restaurant. Mayor Pro Tem Turner called for comments from the audience on the new ordinances, and there was no response. Minutes Regular Council Meeting June 23, 1982 Page 10 A motion was made by Council Member Zarsky that the new ordinances be brought forward at the appropriate time, seconded by Council Member Kennedy and passed unanimously. ' There were no comments from the audience on the second and third reading ordinances. A motion was made by Council Member Dunphy that the second and third reading ordinances be brought forward at the appropriate time, seconded by Council Member Zarsky and passed unanimously. ********** Mayor Pro Tem Turner announced the public hearings on four zoning applications. Assistant City Manager Utter announced the public hearing on Application No. 582-2, Ms. Mary Rangel, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business on Lot 1, Block 4, Broadmoor Park No. 2, located on the southwest corner of Baldwin and Sarita Streets. Mr. Utter informed the Council that the Planning Commission recommends denial and the Planning Staff recommends denial, but in lieu thereof,' that "AB" zoning be approved. Mr. Utter stated that 25 notices of the public hearing were mailed to the property owners, and two in favor and none in opposition were 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 owner had originally planned to establish a small retail store, possibly a jean shop. Mr. Bob Keeling, Attorney representing Ms. Rangel, stated that she is a widow who is looking for a method of increasing her income. He informed the Council that Ms. Rangel had discussed this with the Planning Staff and a member of the Staff had suggested that she apply for "B-1" zoning, yet at the Planning Commission meeting, the Planning Staff expressed opposition to this zoning even after they had suggested that she apply for "B-1" zoning and charged her $200 to submit her application. Mr. Keeling alleged that this is the usual departmental policy in that they suggest to citizens that they apply for certain zoning and then they recommend against approval. Mayor Pro Tem Turner informed Mr. Keeling that this is the first time such an allegation has been made in regard to the Planning Department. Minutes Regular Council Meeting June 23, 1982 Page 11 Mr. Keeling again contended that this is the usual treatment that applicants receive from the Planning Department Staff. He stated that Mr. Ralph Coglianese- is the Staff member who suggested to Ms. Rangel that she apply for "B-1" zoning. Council Member Kennedy pointed out to Mr. Keeling that he was making acccusations against the Staff but he needed to explain the reasons why Ms. Rangel should be granted "B-1" zoning. Council Member Zarsky asked Mr. Keeling if he was present at the time Ms. Rangel made her application, and Mr. Keeling replied that he was not. Mr. Zarsky continued by pointing out to him that what he reported is not what was presented at the Planning Commission meeting, because according to the minutes, Mr. Coglianese did not recommend "B-1" zoning but instead recommended iAB" zoning. Mayor Pro Tem Turner suggested to Mr. Keeling that if he had any complaints about the Planning Staff that they should be made to City Manager Martin. She suggested that the zoning case under consideration be discussed rather than the Planning Staff. Ms. Mary Rangel addressed the Council and stated that Mr. Coglianese had indicated to her that he did not think she would have any problem in getting this property rezoned to "B-1". Mayor Pro Tem Turner pointed that the Staff does not make the decisions on changes of zoning, because the Council is the only body that makes this decision and they make that decision on what is best for the neighborhood. She asked Ms. Rangel to explain why she thinks "B-1" zoning would be appropriate for this tract of land. Ms. Rangel stated that the property is located on Baldwin Boulevard and nearly everyone who has requested a change of zoning on this street has been granted it. She stated that this is the only block that is not zoned for business. Mayor Pro Tem Turner pointed out that there are no businesses on Sarita Street. Council Member Zarsky suggested that if Ms. Rangel was residing on the lot next door, if she would not object to "B-1" zoning. Ms. Rangel stated that she had discussed this with the property owner next door who had indicated that she did not object to this requested zoning change. Ms. Ranel stated that she would accept "AB" zoning, however. Minutes Regular Council Meeting June 23, 1982 Page 12 Mr. Wenger pointed out that the property owner would have to meet the Code requirements in "AB" zoning as far as parking spaces are concerned which would be the same requirement as it would if the "B-1" zoning were granted. Mr. R. D. Cantu appeared in favor of the application and stated that he planned to design the structures on the property. He then displayed drawings of the possible parking plans. Mr. Utter commented that one of the plans does not appear to meet the Code requirement for parking but the Staff felt that parking could be accommodated on the lot. Mr. David Vera stated that he lives directly across the street from this subject property and he was of the opinion that the rezoning would be profitable for the City. He questioned the Planning Commission's recommendation for denial. There were no further comments on this zoning application. A motion was made by Council Member Dunphy that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. A motion was made by Council Member Dumphy that the zoning of "8-1" for Application No. 582-2 be denied but in lieu thereof that "AB" zoning as recommended by the Planning Staff be approved; seconded by Council Member Zarsky; and passed unanimously. ********** Assistant City Manager Utter announced the public hearing on Application No. 582-9, Hunt Enterprises, Ltd., for a change of zoning from "A-1" Apartment House District to "B-4" General Business District on Tract 1 and "R -1B" One -family Dwelling District on Tract 2 with Tract 1 being 1.10 acres out of Lot 6, Section 5 and Tract 2 being 7.01 acres out of Lots 5 and 6, Section 5, Flour Bluff Encinal Farm and Garden Tracts, located on the south side of Saratoga Boulevard approximately 1,600 feet west of South Staples Street. Mr. Utter stated that both the Planning Commission and the Planning Staff recommend approval. Mayor Pro Tem Turner ascertained that no one in the audience wished to speak on this zoning application. A motion was made by Council Member Dunphy that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. nutes Regular Council Meeting June 23, 1982 Page 13 A motion was made by Council Member Dumphy that the requested zoning for Application No. 582-9 be approved, seconded by Council Member Hawkins and passed unanimously. ********** Assistant City Manager Utter announced the public hearing on Application No. 582-14, St. James Episcopal School of the CHurch of the Good Shepherd, for a change of zoning from "A-1" Apartment House District to "AB" Professional Office District on Lots G and H, Block 1, South End Addition, located on the west side of South Carancahua Street approximately 200 feet south of Park Avenue. Mr. Utter stated that both the Planning Commission and the Planning Staff recommend approval. No one spoke in regard to this application. A motion was made by Council Member Zarsky that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Council Member Zarsky that the zoning of "AB" for Application No. 582-14, be approved; seconded by Council Member Hawkins; and passed unanimously. ********* Mr. Utter announced the public hearing on Application No. 682-7, Riverside Hospital, Inc., for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on 9.752 acres out of Lot 2, Block 1, Nueces River Irrigation Park located on the south side of Farm Road 624 at the Intersection of 624 and Wildcat Drive. Mr. Utter stated that both the Planning Commission and the Planning Staff recommend approval. No one spoke in regard to this zoning application. A motion was made by Council Member Dumphy that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. A, motion was made by Council Member Hawkins that the zoning of "AB" for Application No. 682-7 be approved; seconded by Council Member Dumphy; and passed unanimously. ********** Minutes Regular Council Meeting June 23, 1982 Page 14 Mayor Pro Tem Turner announced the public hearing on the following street closing request: 2. Closing of unused and surplus portions of Riggan, Elizabeth and 19th Streets in the Tracy Addition area. The Tracy Addition Street Improvement project is under construction, and at the paving assessment hearing, it was brought out that surplus right-of-way existed on some of the streets. The staff recommends that these surplus right-of-way portions be closed with the utility easements being retained as required. The largest portion of excess right-of-way is on 19th :street where 100 foot wide right-of-way currently exists and only 64 feet is needed. (See staff memo #26). City Secretary Read reminded the Council that this was discussed at the public hearing for the preliminary assessments for the improvements of the streets in this area. Assistant City Manager Lontos displayed a transparency and located the street rights-of-way proposed for closing. He confirmed the fact that this was discussed during the public hearing on from the preliminary assessments for the Tracy Addition street improvements. He stated that there was some excess right-of-way on these streets and the reason for the closing of the right-of-way at the intersection of Elizabeth and ,19th Streets was to design the reconstruction of the streets at a safer angle and to eliminate an island that existed there. Mayor Pro Tem Turner called for comments from the audience. Mr. Steve Fischer stated that he resides at the corner of 19th and Elizabeth and informed the Council that he did not want the property that will be vacated awarded to him. He stated that he also objects to the plan to eliminate the island at this intersection. Mr. Lontos explained the reason for eliminating the triangle, stating that it was necessary because the triangle there created one lane on one side and the street was offset from 19th to Elizabeth Street. He stated that, in his opinion, the Council could decide to leave the portion as public right-of-way that adjoins Mr. Fischer's property since he does not want that additional property. He stated that most people like to have the additional land awarded to them. Council Member Zarsky stated that he felt that the Council needed a legal opinion as to whether the City could force the adjacent property owner to accept the vacated right-of-way. 41. Minutes Regular Council Meeting June 23, 1982 Page 15 Council Member Zarksy reminded the Council that they had made the decision at the time of the assessment hearing that the plan would be safer without the island. Council Member Hawkins suggested that the right-of-way adjacent to Mr. Fishcer's property could be retained by the City. Assistant City Attorney Bob Coffin stated that he felt that if there is an abandonment of property that was donated by the developer, there is a reversion to the property owner who originally donated it. He explained that the Staff would have to determine how the City acquired the dedicated right-of-way but he felt that it was probably made by the developer. Council Member Zarsky speculated that in such a situation, the property owner would have to accept the abandoned property and Mr. Coffin agreed. He noted that in the event the Council does not close this portion of the street right-of-way, the property owner would still have to maintain that portion since his property would be adjacent to it. Mr. Gerald Traylor, who resides on Riggan Street, stated that she slid want the property that the City would abandon if the street is closed. She also concurred with the City's plan to eliminate the island at 19th and Elizabeth Streets. - Mrs. De Los Santos, 3405 Elizabeth Street, asked about the alley at the rear of the property, and Mr. Lontos stated that the alley will not be closed. He explained to Mrs. De Los Santos that she would have an additional 30' in front of her existing property. Mrs. De Los Santos stated that she was informed that her trees would be cut down, and Mr. Lontos stated that he will check this. Mrs. Olga Sutton stated that she owns the first five lot on McKenzie and 19th Streets and that there is one house in that area that is almost on the City right-of-way. She questioned what would happen if the street is ever widenend. Mr. Lantos stated that the Staff will examine the maps with her to see what the effect would be if the house is located too close to the street. No one else spoke in regard to this street closing. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. Minutes Regular Council Meeting June 23, 1982 Page 16 Assistant City Manager Lontos suggested that the hearing be closed but pointed out that the ordinance closing the streets will not be on the agenda until next week. He stated that during the week prior to the presentation of the ordinance, the Staff can make a recommendation in regard to Mr. Fischer's property. Mayor Pro Tem Turner suggested to Mr. Lontos that he go out and examine Mr. Fischer's and Mrs. Sutton's property and make a recommendation in regard to their particular problem. ********** There were no comments on any of the ordinances on the agenda. City Secretary Read polled the Council for their votes; and the following ordinances were approved: FIRST READING: AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES BY ENACTING A CODE OF ETHICS FOR OFFICIALS AND EMPLOYEES OF THE CITY AND REPEALING SECTION 2-238. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, absent. ORDINANCE NO. 17083: AMENDING THE 1981-82 BUDGET BY REAPPROPRIATING $75,000 FROM THE GENERAL FUND RESERVE FOR TRANSFER TO POLICE ADMINISTRATION AND AUTHORIZING REIMBURSEMENT TO THE SELF INSURANCE FUND FOR LEGAL FEES IN DEFENSE OF INDIVIDUAL OFFICERS IN THE AMERICAN CIVIL LIBERTIES UNION LAWSUITS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dunphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, absent. ORDINANCE N0. 17084: AMENDING ORDINANCE N0. 8127, BY AMENDING SECTION 510, ADMINISTRATIVE, EXECUTIVE, PROFESSIONAL AND LABORER, AS HEREINAFTER STATED; AND PROVIDING A SEVERANCE CLAUSE, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, absent. FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE FIVE SEPARATE LEASE AGREEMENTS WITH CAR RENTAL COMPANIES FOR CAR RENTAL CONCESSIONS AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, absent. 1 Minutes Regular Council Meeting June 23, 1982 Page 17 FIRST READING: AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPR9VE AN ASSIGNMENT AGREEMENT BETWEEN THE FIRST CITY BANK (FORMERLY CORPUS CHRISTI BANK & TRUST COMPANY), TRUSTEE, AND HIDDEN HARBOR ASSOCIATES, COVERING THE RESTAURANT FACILITIES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT TO PROVIDE A FOOD AND LIQUOR CONCESSION, FOR A TERM OF TEN YEARS WITH AN OPTION TO RENEW FOR FIVE YEARS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, absent. ORDINANCE NO. 17085: AUTHORIZING ACQUISITION OF PARCELS 19 THROUGH 23 FOR THE WOOLDRIDGE-STAPLES DRAINAGE OUTFALL PROJECT, PHASE I, AND APPROPRIATIMG $13,850 FOR SAID ACQUISITION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, absent. ORDINANCE NO. 17086: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH E. H. MOORE HOMES, INC., AND J -R BUILDERS, INC., WHICH PROVIDES FOR CITY PARTICIPATION_ IN THE OVERSIZE OF A 10 -INCH DIAMETER SANITARY SEWER FORCE MAIN; APPROPRIATING $2,720; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, absent. ORDINANCE NO. 17087: APPROPRIATING $685,000.00 OUT OF THE WATER BOND CONSTRUCTION FUND NO. 205, PROJECT 205-81-1, 0. N. STEVENS FILTRATION PLANT EXPANSION, FOR REIMBURSEMENT TO THE WATER REVENUE FUND FOR ENGINEERING COSTS PREVIOUSLY PAID OUT OF THE WATER REVENUE FUND; INCREASING THE ESTIMATED REVENUES OF THE WATER REVENUE FUND 1981-82 BUDGET IN THE TOTAL AMOUNT OF $419,886.56 FOR REIMBURSEMENT OF PREVIOUSLY PAID ENGINEERING COSTS, TO WIT: $234,750.00 PAID IN 1979-80 AND $185,136.56 PAID IN 1980-81; INCREASING THE WATER REVENUE FUND RESERVE APPROPRIATION ACCOUNT BY $265,113.44 FOR REIMBURSEMENT OF ENGINEERING COSTS PAID IN 1981-82; APPROPRIATING AND REAPPROPRIATING $750,663.00 FROM THE WATER REVENUE FUND RESERVE APPROPRIATING ACCOUNT FOR TRANSFER OF $551,605.00 TO THE FIRST LIEN WATERWORKS SYSTEM REVENUE BONDS INTEREST AND SINKING FUND AND $199,058.00 TO THE FIRST LIEN WATERWORKS SYSTEM REVENUE BONDS RESERVE FUND, INCREASING THE INTEREST AND SINKING FUND 1981-82 APPROPRIATION FOR PRINCIPAL, INTEREST AND PAYING AGENT FEES FROM $2,575,000.00 TO $3,050,830.00 AND INCREASING THE RESERVE FUND 1981-82 APPROPRIATION FOR DEBT SERVICE RESERVE FROM $176,029.00 TO $474,652.00 AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, absent. ORDINANCE NO. 17088: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH NATIONAL ADVANCED SYSTEMS CORPORATION FOR TWO MEGABYTES OF MAIN MEMORY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinancae passed by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, absent. Minutes Regular Council Meeting June 23, 1982 Page 18 ORDINANCE NO. 17089: APPROPRIATING $4,300 FROM PARK BOND FUND NO. 291 FOR DEVELOPMENT OF A JOGGING COURSE --FITNESS TRAIL AT SWANTNER PARK AND AUTHORIZING THE CITY MANAGER TO APPLY FOR GRANT ASSISTANCE FROM THE WELLS FARGO BANK IN THE AMOUNT OF $2,500 TO AID IN DEVELOPING THE SAID RECREATIONAL FACILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, absent. ORDINANCE NO. 17090: APPROPRIATING $60,307.89 OUT OF PARK BOND FUND NO. 291 AND $20,291.84 OUT OF PARK TRUST FUND 111 FOR REIMBURSEMENT OF THE GENERAL FUND NO. 102 FOR WORK ACCOMPLISHED AT VARIOUS CITY PARKS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, absent. ORDINANCE NO. 17091: APPROPRIATING $47,425 OUT OF THE NO. 102 GENERAL FUND UNAPPROPRIATED FUND BALANCE TO PAY THE ESTIMATED COSTS OF SELLING $10,000,000 GENERAL OBLIGATION BONDS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, absent. SECOND READING: AMENDING SECTION 53-250, SCHEDULE I, ONE-WAY STREETS AND ALLEYS. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, absent. SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A WITH ARTURO BAYARENA The foregoing ordinance was read for the reading by the following vote: Turner, voting, "Aye"; Jones and Gulley, absent. THIRD READING - ORDINANCE NO. 17092: LEASE AGREEMENT second time and Dumphy, Hawkins, FOR GRAZING PURPOSES passed to its third Kennedy and*Zarsky AMENDING THE PLATTING ORDINANCE NO. 4168, AS AMENDED, SECTION V -B(5) TO ESTABLISH A WATER MAIN EXTENSION POLICY, INCLUDING ESTABLISHING $75.00 PER LOT OR $300.00 PER ACRE FEES FOR SINGLE FAMILY OR DUPLEX SUBDIVISIONS, $150.00 PER LOT OR $600.00 PER ACRE EKES FOR OTHER THAN SINGLE FAMILY OR DUPLEX SUBDIVISIONS, $100.00 PER LOT SURCHARGES, PRO RATA FRONT FOOT CHARGES OF $4.25 A FOOT, ESTABLISHING A GRID AND ARTERIAL TRANSMISSION MAINS TRUST FUND FOR USE IN OVERSIZING GRID MAINS, CONSTRUCTING ARTERIAL TRANSMISSION MAINS, AND GRID MAINS AND IN REIMBURSING DEVELOPERS FOR CONSTRUCTING ARTERIAL TRANSMISSION OR GRID MAINS, ESTABLISHING A DISTRIBUTION MAINS TRUST FUND FOR USE IN OVERSIZING DISTRIBUTION MAINS, CONSTRUCTING OVERSIZING AND CONSTRUCTING DISTRIBUTION MAINS OFF-SITE, PROVIDING FOR MAXIMUM EXTENSIONS AND DEVELOPER CREDITS FOR ACTUAL OFFSITE INSTALLATION COSTS UP TO THE AMOUNT OF THE LOT/ACREAGE FEE, PROVIDING FOR REIMBURSEMENT OF DEVEIOPERS FROM FUNDS AVAILABLE IN THE RESPECTIVE TRUST FUNDS FOR THAT PORTION OF MAINS INSTALLED BY THE DEVELOPER UP TO THE MAXIMUM EXTENSION AND THAT REQUIRED BY THE DISTRIBUTION SYSTEM STANDARDS, AND PROVIDING FOR BI -ANNUAL REVIEW OF FEES AND SUFFICIENCY OF TRUST FUNDS. The foregoing ordinance was read for the third time and passed by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, absent. Minutes Regular Council Meeting June 23, 1982 Page 19 ORDINANCE NO. 17093: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MARY RANGEL, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 1, BLOCK 4, BROADMOOR PARK NO. 2 FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, absent. ORDINANCE NO. 17094: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF HUNT ENTERPRISES, LTD. BY CHANGING THE THE ZONING MAP IN REFERENCE TO TRACT 1, A PORTION OF LOT 6, SECTION 5, AND TRACT 2, A PORTION OF LOTS 5 AND 6, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FROM "A-1" APARTMENT HOUSE DISTRICT ON TRACTS 1 AND 2 TO "13-4" GENERAL BUSINESS DISTRICT ON TRACT 1 AND "R -1B" ONE -FAMILY DWELLING DISTRICT ON TRACT 2; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, absent. ORDINANCE NO. 17095: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ST. JAMES EPISCOPAL SCHOOL OF THE CHURCH OF THE GOOD SHEPHERD BY CHANGING THE ZONING MAP IN REFERENCE TO LATS G AND H, BLOCK 1, SOUTH END ADDITION, FROM "A-1" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, absent. ORDINANCE NO. 17096: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF RIVERSIDE HOSPITAL, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 2, BLOCK 1, NUECES RIVER IRRIGATION PARK FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, absent. ********** Mayor Pro Tem Turner called for the City Manager Report. City Manager Martin stated that there is a critical need to schedule budget discussions and a public hearing. He stated that the Staff recommend that the official public hearing for the 1982-83 fiscal year be conducted at 4:00 p.m., July 21, 1982. He explained that the entire budget would be presented to the Council at one time and at the same time, it will be available in public libraries, in the City Manager's Office and in the City Secretary's Office. He expressed the opinion that several workshops to review the budget should be scheduled at the same time. Minutes Regular Council Meeting June 23, 1982 Page 20 After a short discussion, the following workshop meetings were scheduled: July 7, 1982 July 13, 1982 July 19, 1982 July 26, 1982 During morning Workshop meeting, Wednesday 5:30 p.m., Tuesday 5:30 p.m., Monday 5:30 p.m., Monday ********** A motion was made by Council Member Dumphy that the Regular Council Meeting be recessed at 4:43 unanimously. p.m., seconded by Council Member Zarsky and passed ********** Mayor Pro Tem Turner reconvened the Regular Council Meeting at 4:56 p.m. and called for petitions or information from the audience on matters not scheduled on the agenda. Mr. George Martin, 627 Indiana, stated that he was a member of the Pro Life Movement. He suggested that birth control be practiced instead of allowing the performance of abortions. Mr. Martin compared the killing of unborn children to an opinion expressed by a doctor many years ago that Negros and people of Mexican/Indian extraction were less intelligent and should be discouraged from increasing their population and they should be segregated. He also compared it to the practice of Nazi Germany of killing the Jews because of the opinion they had that they were inferior to the Nordic race. He then urged that Council Member Zarsky's resolution expressing opposition to abortions be approved by the City Council. Mrs. Marion Hendricks also .spoke on the same subject stating that someone must speak on behalf of the children who cannot speak for themselves in opposition to abortion. She expressed the opinion that a woman has a choice of methods of birth control and urged that the Council pass a resolution to protect all citizens, including unborn infants. There were no further comments from the audience. There being no further business to come before the Council, on motion by Council Member Zarsky, seconded by Council Member Hawkins, and passed unanimously, the Regular Council Meeting was adjourned at 5:04 p.m., June 23, 1982. **********