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HomeMy WebLinkAboutMinutes City Council - 11/03/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 3, 1982 2:00 P. M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley * Herbert Hawkins ** Dr. Charles W. Kennedy Cliff Zarsky Vagi -1/4- City Manager Edward Martin Ass't. City Attorney Bob Coffin 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 Ernest Bennett, Pastor of the Mount Pilgrim Baptist Church of Refugio, Texas, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Jack Dumphy. 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 deviated from the agenda to introduce Mrs. Carol Refakis, representing the Junior League, who then presented a check to the City of Corpus Christi in the amount of $15,461.91 for the City's participation in Bayfest '82. Mrs. Refakis informed the Council that a total gross of $400,000 was made this year. Mayor Pro Tem Turner pointed out that Bayfest is not only an opportunity for all citizens to have a good time but it also provides a means for many nonprofit organizations to obtain funds for their organizations through the operation of booths. A motion was made by Mayor Pro Tem Turner that the Minutes of the Regular and Special Council Meetings of October 27, 1982 be approved as presented; seconded by Council Member Dumphy; and passed unanimously. QEiLMED owl 1984 .SaP 191984 Minutes Regular Council Meeting November 3, 1982 Page 2 At,qC", ,,;.1 s� y * Council Member Herbert Hawkins, Jr. arrived at the meeting at 2:18 p.m. * * * * * * * * * * * * * * * * * * * * * * Mayor Jones called for Board and Committee appointments and briefly reviewed the ones discussed during the morning Workshop Meeting. A motion was made by Mayor Pro Tem Turner that the following appointments be confirmed, seconded by Council Member Zarsky and passed unanimously: BOARD OF ADJUSTMENT: TERM: Mr. Floyd Williams Mr. Morgan Spear (Alternate) 4-04-84 4-04-84 MECHANICAL ADVISORY BOARD: Freddy Martinez, Jr 1-02-84 * * * * * * * * * * * * * * * * * * * * * * Mayor Jones called for Action of the Council from the Workshop Session on the following items: Accepting the Municipal Arts Commission recommendation for the selection of the mural for the Convention Center. A motion was made by Council Member Gulley that the foregoing action be confirmed, seconded by Council Member Hawkins, and passed unanimously. * * * * * * * * * * * * * * * * * * * * * * * Passage of the following resolution: RESOLUTION NO. 17349: Resolution confirming the appointment by the City Manager of Allen F. Hyman to the position of Director of Risk Management and Safety. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, "absent at the time the vote was taken". * * * * * * * * * * * * * * * * * * * * * * * inutes Regular Council Meeting November 3, 1982 Page 3 Mayor Jones referred to the new format of the Consent Agenda and suggested that the numbers of the information on memorandums correlate with the numbers listed on the agenda. City Manager Ed Martin assured the Council that the Staff will deal with this and attempt to number the memorandums according to the items listed on the agenda. * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Jones called for Action of the Council by Motion and by Ordinance from the Consent Agenda. 1.* 2. Bids be received December 14, 1982 for the lease or purchase of one crawler tractor and one landfill compactor for the Sanitation Department. The crawler tractor is a replacement for a 1965 model in poor condition. The landfill compactor is an additional unit required because the existing unit is too small to handle the increased flow of refuse into the City landfills. Bids for equipment and maintenance agreements will be taken on the basis of outright purchase, lease with option to purchase and installment purchase. Maintenance agreement on equipment will cover seven years for the landfill compactor and nine years for the crawler tractor. Alternate bids will also be solicited on he same basis for a used crawler tractor with a maximum of 2,800 hours of use. The maintenance agreement for the used tractor will be eight years instead of nine. The 1982-83 Revenue Sharing Budget contains $300,000 for landfill equipment. 3. The plans and specifications be approved for moving the Galvan House from Waco Street to the Bayfront Science Park and bids be received November 24, 1982. 4.* 5. Twelve months supply agreement for data processing cards and forms for Data Processing and Police be awarded to the following based on low bid: Data Documents, Inc., Houston, Texas Printed cards, stock paper and printed forms Approx. Total: $42,464.13 Terms: ,Net 10 FOB: Destination Moore Business Forms, Corpus Christi: Stock Paper Approx. Total: $ 1,352.58 Terms: Net 30 FOB: Destination * Removed from Consent Agenda for further discussion Minutes Regular Council Meeting November 3, 1982 Page 4 Miller Data Products, Corpus Christi Utility bills Approx. Total: $ 4,167.57 Terms: Net 30 FOB: Destination GRAND TOAL: $47,984.28 Prices have decreased 19% since the previous contract. 6. Twelve months supply agreement be approved for Famous Department Store, Corpus Christi for Bus Driver Uniforms consisting of approximately 70 pair trousers, 120 summer shirts, 80 winter shirts, 25 caps, 43 jackets and 30 ties, for the estimated total amount of $7,005.32 on the basis of the only bid received. The City pays 100% of the cost of the original issuance of uniforms and shares the cost of replacement uniforms on a 50/50 basis with the bus driver. 7.* 8. Tucker Properties has requested a change in zoning from I-2 Light Industrial District to "A-2" Apartment House District on Tract A and "R-2" Multiple Dwelling District on Tract B and from "R -1B" One -family Dwelling District to "R-2" on Tract C, located between Ayers Street (Chapman Ranch) and Kostoryz Road north of Saratoga Boulevard. A public hearing was held on this application on May 6, 1981 and "R-2" was approved on Tract C. Tracts A and B were referred to the Planning Commission for reconsideration. The six month time limit expired November 4, 1981 and an additional one year extension was granted. It is recommended that the action on the application be further extended for a period not to exceed 60 days. A motion was made by Council Member Dumphy that the foregoing items from the Consent Agenda be approved, seconded by Mayor Pro Tem Turner and passed unanimously. * * * * * * * * * * * * * * * * * * * * * * * The following ordinances from the Consent Agenda were passed: 10. FIRST READING: AUTHORIZING THE RENEWAL OF A LEASE AGREEMENT WITH THE OSO LITTLE MISSES KICKBALL FOR A PERIOD OF 5 YEARS FOR A TRACT OF LAND IN SOUTH GUTH PARK. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. 11. ORDINANCE NO. 17333: AUTHORIZING TRINITY ENGINEERING TESTING CORPORATION TO PERFORM GEOTECHNICAL INVESTIGATION AT THE ALLISON WASTEWATER TREATMENT PLANT, APPROPRIATING $3,467.50 FOR SUCH INVESTIGATION; AND DECLARING AN EMERGENCY. * Removed from Consent Agenda for further discussion .inutes Regular Council Meeting November 3, 1982 Page 5 12.* The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. 13. ORDINANCE NO. 17337: APPROVING ASSIGNMENT OF J.F.K. MARINA BAIT STAND ON THE KENNEDY CAUSEWAY TO GREGORY D. GOODMAN FROM BOBBIE D. GRAVES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. 14. ORDINANCE NO. 17338: AUTHORIZING AND DIRECTING THE TAX ASSESSOR -COLLECTOR TO REFUND EXCESSIVE OR ERRONEOUS PAYMENT OF TAXES UNDER CERTAIN CIRCUMSTANCES AND ESTABLISHING GUIDELINES FOR SUCH REFUNDS; PROVIDING THAT REFUNDS IN EXCESS OF $10,000 REQUIRE DETERMINATION BY THE CITY COUNCIL THAT THE PAYMENT WAS ERRONEOUS OR EXCESSIVE; AND AUTHORIZING THE CITY MANAGER TO PROCESS REFUNDS IN EXCESS OF $10,000 AFTER COUNCIL APPROVAL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. 15.* 16. ORDINANCE NO. 17335: APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE WATER DISTRIBUTION SYSTEM IN THE FOLLOWING AREA OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: H.E.B. Park Area Dahlia Terrace Pineda Park, Broadmoor Park and Baldwin Park Subdivisions, the replacement of 8, 6, and 4 inch water mains and changing the house services from the easement at the rear of the lots to the front of the lots. DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; ASETTING A PUBLIC HEARING FOR WEDNESDAY, DECEMBER 8, 1982, AT 7:00 P.M., IN THE TRAVIS ELEMENTARY SCHOOL CAFETERIA, 1645 TARLTON STREET, IN THE CITY OF CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. * Removed from Consent Agenda for further discussion Minutes Regular Council Meeting November 3, 1982 Page 6 17. ORDINANCE NO. 17339: AUTHORIZING A CONTRACT WITH ALL -MARK COMPANY FOR THE INSTALLATION OF HEATED THERMOPLASTIC PAVEMENT MARKING MATERIAL, RAISED REFLECTIVE PAVEMENT MARKERS AND PRE -AFORMED THERMOPLASTIC PAVEMENT MARKING MATERIAL; APPROPRIATING $55,141.79 AND SETTING UP AN ACCOUNTS RECEIVABLE ACCOUNT FOR $24,670.01; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. 18. ORDINANCE NO. 17340: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF H. L. BUTCH EDENS BY GRANTING A SPECIAL COUNCIL PERMIT ON LOT 22, RIVER FOREST ACRES FOR A ONE STORY OFFICE BUILDING WITH STANDARD SCREENING FENCES ADJACENT TO THE NORTH AND NORTHWEST SIDES OF THE PROPERTY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. 19. ORDINANCE NO. 17341: AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 31-5 BY ADDING THERETO A NEW SUBSECTION, TO BE NUMBERED 31-5.42, SETTING FORTH ZONING CLASSIFICATION ON THE DESCRIBED TRACTS OF LAND, WHEN ANNEXED TO THE CITY OF CORPUS CHRISTI, SAID TRACTS BEING DESCRIBED AS THE SOUTHWEST 60.0 FEET OF LOTS 9, 10, 11, 12, 13 AND 14 AND THE NORTHEAST 1/3 OF LOTS 19, 20, 21 22, 23 AND 24, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION;. AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. 20. SECOND READING: AMENDING CHAPTER 37 OF THE CODE OF ORINANCES BY AMENDING SECTION 37-5 TO PROHIBIT REMOVAL OR REDEMPTION OF PAWNED ITEMS FROM PAWNBROKERS OR SECONDHAND DEALERS FOR SEVENTY-TWO HOURS; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. 21. THIRD READING AUTHORIZING A COUNCIL FOR MERRIMAN-BOBYS PREMISES. - ORDINANCE NO. 17332: LEASE AGREEMENT WITH THE CORPUS CHRISTI ARTS THE LEASING OF THE PREMISES OF THE HOUSE FOR THE RESTORATION AND USE OF THE The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. Minutes Regular Council Meeting November 3, 1982 Page 7 * * * * * * * * * * * * * * * * * * * * * * * * Mayor Jones called for consideration of the following items removed from the Consent Agenda: 1. Bids be received November 23, 1982 for twelve months supply agreement for portable' chemical toilet service at an estimated annual expenditure of $14,000. The service is utilized by Sanitation, Parks and Public Utilities. An estimated 17 units will be rented for use in Nueces River Park, on Corpus Christi Beach, at the Westside and Elliott Landfills and at various Public Utility Department construction sites. Mayor Jones inquired as to how often those facilities are serviced, and later in the meeting, City Manager Martin stated that they are serviced twice a week. Council Member Gulley commented that there are a -lot fewer people camping out in West Guth Park since the ordinance limiting overnight camping was passed. Assistant City Manager Tom Utter concurred and stated that the number of people has been reduced by one-half. 2.* 3.* 4. Twelve months supply agreement for Firemen's uniforms be awarded to the following based on low bid meeting specifications: Martin's Uniforms, San Antonio Est. 400 Pr. Trousers @ $18.40 Est. 80 Ea. Jackets @ $28.30 Total: $ 9,624.00 Net, FOB Destination Factory Sales Company, Houston, Texas Est. 400 Pr. Shirts @ $20.50 Total: $ 8,200.00 Net, FOB Destination GRAND TOTAL: $17,824.00 The apparent low bid of $17.00 per pair on shirts by Martin's Uniforms is not recommended because the shirts have a zippered front instead of the required button front. Price comparison shows a decrease of approximately 3% on the trousers and 10% on the jackets and and an increase of 22% on the shirts. The City pays 100% of the cost of the original issuance of uniforms to an employee with the employee paying the full cost of replacement uniforms necessary due to normal wear and tear. If a uniform is damaged or lost in the line of duty, the City pays for its replacement. Firefighters and officers receive a $35 monthly clothing cleaning and maintenance allowance. * Consent Item Minutes Regular Council Meeting November 3, 1982 Page 8 Mayor Pro Tem Turner inquired as to why the low bid on shirts was rejected just because they contained zippers rather than buttons, and City Manager Martin stated that he would check this but he assumed that the specifcations required button -front shirts. Mayor Jones also referred to this item and inquired about the alteration requirements since the recommended bid award was for a company out of the City. He expressed the opinion that a local company could perform the necessary alterations more easily than a company from another City. Mr. Tom Basile, Assistant to the City Manager, explained that when new uniforms are required, it is usually at the conclusion of a training session and a large number of them are needed at one time. He explained that the supplier comes to the City to perform the alterations. He explained that this is the usual procedure when out of town companies are awarded the bids for uniforms. 5.* 6.* 7. A public hearing be scheduled for November 10, 1982 to obtain public comment on a proposed amendment to the City's 1981 transit grant for capital improvements. Due to a change in system goals, only ten of the approved fifteen 35 -foot buses were purchased. It is proposed to use the surplus funds for other needed transit system improvements. 8.* Mayor Jones inquired about the bus improvements referred to and where they will be made. City Manager Martin stated that he did not know but he assumed that they would be sent back to the factory for the needed improvements. Mr. Martin continued by stating that the reason for excess in the fund was that at the time the City went out for bids on the buses it was anticipated that the prices were * Consent Item Minutes Regular Council Meeting November 3, 1982 Page 9 much higher and because of the reduction in routes, only ten buses were purchased rather than the budgeted fifteen; the bids were more favorable than anticipated; therefore only one-half of the grant money was spent. He pointed out that there are other system improvements that can now be funded following the public hearing on November 10. ** Council Member Charles Kennedy arrived at the meeting at 2:34 p.m. Mayor Jones referred to the following item: 9. First Reading - Authorizing renewal of a five-year agreement of the U. S. Department of the Army Corps of Engineers for "lease of a City Marina slip. The lease agreement provides for an automatic year-to-year renewal, subject to a 30 -day written termination notice by either party. Mayor Jones inquired if the City was paid for this use or if the City grants this to the Corps of Engineers. Assistant City Manager Utter explained that the Corps of Engineers'pays the usual charge of $83.76 per square foot per year. 10:* 12. Appropriating $1,500 for appraisal services completed by Mr., Thomas F. Dorsey for two parcels located west of Airline Road owned by Mr. Farrell D. Smith, et al in connection with the Wooldridge -Staples Drainage Outfall Project. Council Member Hawkins asked for an explanation of the method of selecting appraisers for the City and if there is a list of those available for this type of service. Assistant City Manager James K. Lontos explained that his department maintains a list of all appraisers who desire to perform ,work for the City. He explained that some of the appraisers prefer not to be in a position to have to testify in court and others are willing to do so; therefore, the selection * Consent Item Minutes Regular Council Meeting November 3, 1982 - .. Page -'10.7 is made according to whether or not the City anticipates court action. He pointed out that the only procedure is for the appraisers to request that their names be placed on the lit and they will be awarded work on a rotating basis. 13.* 14.* 15. Determining the necessity for and ordering the improvements of the Water Distribution System for the H.E.B. Park Area. Mayor Jones inquired if the assessments for the improvements will be similar to the paving assessment or if the charge will be billed on the utility statement. City Manager Martin stated that he was of the opinion that this should be a special assessment rather than being included on the monthly utility bill. Mayor Jones inquired if the maximum assessment would be $87.50, and Mr. Lontos stated that that would be correct for a 50 -foot lot. He explained further that the same type of terms will apply and the cost could be paid over a five-year period at the same interest rate as paving assessments. 22. Third Reading - Authorizing the Convention Center Manager to execute a ten year lease agreement with the Las Donas De La Corte Organization to lease the Bayfront Plaza Convention Center's Exhibit Hall for the purpose of presenting the annual Buccaneer Days Coronation pageant. Mayor Jones stated that he had met with representatives of this' organization and representatives of the Convention and Tourist Bureau and they have agreed to withdraw their request for the ten-year lease on the basis of the assurance of Mr. Bob Conwell of the Convention and Tourist Bureau that they will do everything possible to assist them in having the pageant at the Convention Center. * Consent Item Minutes Regular Council Meeting November 3, 1982 Page 11 Mayor Jones then withdrew item No. 22. A motion was made by Council Member Gulley that the foregoing actions removed from the Consent Agenda be approved, seconded by Mayor Pro Tem Turner and passed unanimously by those present. * * * * * * * * * * * * * * * * * * * * * * Mayor Jones then called for consideration of Actions of the Council by Motion on the following items from the Regular Agenda: 23. Designating the name of the Agnes -Laredo Triangle as Plaza de Pineda, as requested by the Westside Business Association and recommended by the Park and Recreation Board. Mayor Jones complimented the Westside Business Association for their efforts to work with- the City to improve the Agnes -Laredo Triangle. He noted that the City had provided $40,000 for the improvements and the Association provided the remainder of the funds. He stated that he would like to see this type of cooperative effort in other areas of the City. 24. Upholding the recommendation of the Planning Commission to deny the request of Mr. George Metz, owner of Lot 1, Block 5, South Aires Subdivision for a variance from the paving requirement required for platting property. Mr. Lontos displayed a transparency showing the area involved and stated that the property owner just recently purchased the property. The ordinance amending the platting ordinance provides for changing some subdivision standards and requires the paving of perimeter streets. He stated that in view of the fact that this property abuts on Ayers Street and, according to the terms of the new ordinance, a dedication for that street is required from this property owner. He explained to the Council that if the street can be paved without changing the grade, that would be a requirement before the plat is approved but, if this is not true, the property owner needs to place money in an escrow fund for future use for the street paving. He informed the Council that the Planning Commission had reviewed this matter and recommended that the Platting Ordinance be followed and that this waiver not be granted. He stated that Minutes Regular Council Meeting November 3, 1982 Page 12 the Staff has not seen the final drawing or plans for development of this property, but there is a requirement that a dedication for Ayers Street be made. Mayor Jones pointed out that if the Council waives this requirement, they would be in the position of having to waive the same requirement all along Ayers Street, and Mr. Lontos agreed that this would establish a precedent. Council Member Gulley noted that according to Mr. Lontos, the money would be placed in escrow until the street is to be developed. Mr. Kenneth Botary, attorney representing Mr. Metz, expressed the opinion that the ordinance is unfair; that he had discussed it with Mr. Lontos; and he disagreed with his interpretation of the ordinance. He pointed out that the street in question is a state highway, and if a freeway is planned in the future, about 100' of right-of-way must be purchased or condemned from Mr. Metz' property. He explained that under the terms of the ordinance, his client is forced to pay for streets, sidewalks and gutters which they are willing to do even though this street will eventually be a freeway., He stated that he had discussed the future of the street with the Highway Department officials and ascertained that there were no plans in. the foreseeable future to construct the freeway. Mayor Jones stated that he felt that statement was incorrect because there is a plan that has been approved for at least two years. He stated that this street extension is included in the Master Transportation Plan for the next twenty years. Mr. Botary stated that his client objected to paying for this street improvement or depositing money in an escrow account when there are no immediate plans to improve this street. He urged that the requirement for the $7,000 to $8,000 to be placed in the escrow fund be waived. He stated that they would not have signed the contract on this property if they had known about the new provisions in the platting ordinance. TU. inutes Regular Council Meeting November 3, 1982 Page 13 Assistant City Manager Lontos pointed out that the platting ordinance was amended according to the recommendation of the Developers Association after they had conducted a study. He reminded the Council that discussion of the peremiter streets was held at the time the ordinance was being considered and the ordinance was passed with the understanding that when new subdivisions are developed, the streets within the subdivisions are constructed but at that time, the subdividers had no responsibility for the perimeter streets. Mr. Lontos reminded the Council that Council Member Zarsky had inquired about the requirement if the perimeter street could not be developed at the time the subdivider is building; therefore, the Staff agreed to allow the developers to place funds in escrow rather than being required to construct twenty-four feet of a perimeter street. Council Member Gulley expressed the opinion that this is a little difficult when an individual is involved rather than a large developer and Mr. Lontos stated that it would be almost impossible to make the distinction between large developer and small developer. Council Member Gulley questioned the fairness of this, particularly since it is expected that a freeway will be constructed there eventually. Council Member Zarsky stated that at the time the amendment was being considered by the Council, it was his understanding that the City wanted to be sure that the right-of-way would be available. He pointed out that whoever owns that property will receive the benefit when that street is put in and that property owner is the one who should have to pay for the street improvement. Council Member Hawkins suggested that an assessment be levied against the property at the time the street is actually developed. Mr. Lontos stated that rather than granting a waiver, the ordinance should be amended and he did not recommend that. Minutes Regular Council Meeting November 3, 1982 Page 14 Mayor Jones inquired if it was the intent of the ordinance to obtain funds for construction of the street, and Mr. Lontos stated that that was correct. City Manager Martin explained that the ordinance was worded to eliminate the necessity for the developer to construct a half street and the alternative of depositing funds in an escrow account was included in the ordinance to eliminate the necessity to construct the half street. • Mayor Pro Tem Turner suggested that the ordinance be amended so that the City could require an assessment at the time the street is developed. Mr. Lontos provided a further explanation of the amended ordinance. Council Member Gulley made a motion to grant the variance to the platting ordinance to eliminate the requirement that funds for street construction be placed in escrow; seconded by Council Member Zarsky. Council Member Dumphy inquired if this variance is granted if the City could assess the abutting property owners 100% of the cost of street construction. City Manager Martin stated that the City may not be able to do this. He pointed out that there is a method by which they could grant a variance and one alternative would be to grant the variance to the platting requirements that a deposit be made now subject to an agreement that would run with the land to the effect that in the future when the street is developed, this owner will be required to pay 100% of the cost. Council Member Gulley expressed the opinion that possibly this should be handled the same as the usual assessment rates, and Council Member Dumphy pointed out that on assessments for street improvements, the property owner pays only about 20% of the cost and the City and/or State pay the remaining 80%. He agreed that this is a different situation from one in which.a subdivision is involved. .inutes Regular Council Meeting November 3, 1982 Page 15 City Secretary Read interjected that since the Planning Commission had denied the request, it will require a majority plus one vote of the Council to approve. Mayor Jones called for the vote on the motion and it passed as follows: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. A motion was made by Mayor Pro Tem Turner that this question be referred back to the Developers Association Committee for consideration of situations that involve individuals rather than subdividers; seconded by Council Member Zarsky; and passed unanimously by those present and voting. 25. Consideration of the request of the Traffic Safety Advisory Board that the passage by the next session of the State Legislature of measures to strengthen DWI laws be endorsed. Mr. Tom Stewart, Director of Transportation, explained that there is a need to submit something to the local delegation to be submitted to the State Legislature. He stated that the Traffic Safety Advisory Board would agree to withdraw their recommen- dation and support the recommendations of the Governor's Office if the Council preferred. A motion was made by Council Member Gulley to approve the recommendations of the Governor's Office of measures to strengthen DWI laws; seconded by Council Member Zarsky; and passed unanimously by those present and voting. Council then considerered the following item: 26. First Reading - Amending the Corpus Christi City Code so as to adopt the policy on water main extension assessments and establish methods of computing front foot assessment rates for such water main extensions. Mayor Jones inquired if this would be simpler to set up as a part of the water billings, and City Manager Martin reiterated that this cannot be done because the billing system is already set up and there are no provisions for this charge. He stated that it would be preferable to handle this as an assessment charge. Minutes Regular Council Meeting November 3, 1982 Page 16 City Secretary Read polled the Council for their votes on the ordinances that were removed from the Consent Agenda that were included in the Regular Agenda. The following ordinances were passed: 9. FIRST READING: AUTHORIZING A FIVE-YEAR LEASE AGREEMENT WITH THE U. S. DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FOR THE LEASE OF A SLIP AT THE CITY MARINA WHICH PROVIDES FOR AN AUTOMATIC YEAR TO YEAR RENEWAL SUBJECT TO 30 DAYS WRITTEN NOTICE OF TERMINATION BY EITHER PARTY. The foregoing ordinance was read• for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. 10.* Consent Item 11.* Consent Item 12. ORDINANCE NO. 17336: APPROPRIATING $1,500 FOR APPRAISAL SERVICES BY THOMAS F. DORSEY IN CONNECTION WITH THE ACQUISITION OF PARCELS 4 AND 4A FOR THE WOOLDRIDGE-STAPLES OUTFALL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. 13.* Consent Item 14.* Consent Item 15. ORDINANCE NO. 17334: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: H.E.B. PARK AREA Dahlia Terrace, Pineda Park, Boradmoor Park and Baldwin Park Subdivision, the replacement of 8, 6, and 4 inch water mains and changing the house services from easements at the rear of the lots to the front of the losts. AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy,'absent at the time the vote was taken. *15 thru 26 * Consent Items Ainutes Regular Council Meeting November 3, 1982 Page 17 26. FIRST READING: AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY ADOPTING CERTAIN NEW PROVISIONS OF CHAPTER 55 ENTITLED "UTILITIES" SO AS TO ADOPT A POLICY ON WATER MAIN EXTENSION ASSESSMENTS DESIGNATED AS SECTION 55-55 ESTABLISHING A METHOD OF COMPUTING A PER FOOT ASESSMENT RATE BASED ON (A) ESTIMATED COST OF WATER MAIN EXTENSIONS AND (B) ACTUAL BID COSTS OF WATER MAIN EXTENSIONS; PROVIDING FOR SEVERABILITY, PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. * * * * * * * * * * * * * * * * * * * * * * Mayor Jones noted that a member of the audience wished to speak at this time. Mrs. Pat Alvarez, 4335 Points Road, informed the Council that she had just discovered a deed restriction that prevented a commercial building from being constructed in a subdivision. Council Member Gulley pointed out that this will be a civil matter, not something that could be decided by the Council. * * * * * * * * * * * * * * * * * * * * * * * Mayor Jones called for the publc hearings on five zoning cases. 27. Application No. 982-7, Foy Harley Moody, D.V.M., for a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on the southwest 11 feet of Lot 20, and all of Lots 21-24, Block 5, Tracy Addition located at the northeast corner of Baldwin Boulevard and Prescott Street. Assistant City Manager Utter informed the Council that in response to the fifteen notices of the public hearing, four in favor and none in opposition had been returned. He stated that the Planning Commission recommended denial, but in lieu thereof, that a special permit be approved for a veterinary clinic with a standard screening fence adjacent to the residential properties and allowing two temporary signs from the canopy until a permanent sign of forty square feet,. internally lighted, is established at one of the three locations shown on the site plan. He informed the Council that the Planning Staff concurred with this recommendation. Minutes Regular Council Meeting November 3, 1982 Page 18 A motion was made by Mayor Pro be closed, seconded by Council unanimously. A motion was made by Mayor Pro concur with the recommendation Tem Turner that the hearing Member Zarsky and passed Tem Turner that the Council of the Planning Commission and grant a special permit according to that recommendation; seconded by passed unanimously. ORDINANCE NO. 17343: the conditions set forth in Council Member Zarsky; and AMENDING THE ZONING ORDINANCE UPON APPLICATION OF HARLEY MOODY, D.V.M., BY GRANTING A SPECIAL COUNCIL PERMIT ON THE SOUTHWEST 11 FEET OF LOT 20, ALL OF LOTS 21, 22, 23 AND 24, BLOCK 5, TRACY ADDITION FOR A VETERINARY CLINIC WITH STANDARD SCREENING FENCE ADJACENT TO RESIDENTIAL PROPERTIES, AND FOR TWO TEMPORARY SIGNS FROM THE CANOPY UNTIL A PERMANENT SIGN IS ESTABLISHED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting "aye"; Kennedy "absent". * * * * * * * * * * * 26. Application No. 1082-5, SAA -81, Joint Venture, for change of zoning from "I-2" Light Industrial District to "B-4" General Business District on approximately five acres out of Lots 7 and 10, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots located on the northeast corner of S. Padre Island Drive and Old Brownsville Road. Mr. Utter informed the Council that both the Planning Commission and the Planning Staff recommend approval and that there was no response to the notices of the public hearing. No one spoke in regard to this application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Mayor Pro Tem Turner that the Council concur with the recommendation of the Planning Commission and the Planning Staff and grant the zoning of "B-4" for Application No. 1082-5; seconded by Council Member Dumphy; and passed unanimously. Minutes Regular Council Meeting November 3, 1982 Page 19 ORDINANCE NO. 17344: AMENDING THE ZONING ORDINANCE UPON APPLICTION OF SAA -81, JOINT VENTURE BY CHANGING THE ZONING MAP IN RFERENCE TO A PORTION OF LOTS 7 AND 10, SECTION 5, RANGE VIII, GUGENHEIM AND COHN'S FARM LOTS FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. * * * * * * * * * * * * * * * * * * * * * 29. Application No. 1082-4, Mr. David May, for change of zoning from "R-2" Multiple Dwelling District with "SP" Special Permit to "B-1" Neighborhood Business District on Lot 5, Block 6, Koolside Addition located on the west side of Airline Road approximately 300 feet north of Kimbrough Drive. Mr. Utter stated that there was no response to the notices of the public hearing and that the Planning Commission and Planning Staff both recommend denial, but in lieu thereof, approval of a revised special permit reducing the five yard setback in accordance with the site plan presented. The applicant, Mr. David May, inquired if he could have a forty foot sign also. Mr. Utter stated that this would be a new request that was not heard by the Planning Commission and would not be in order at this time. No one else spoke in regard to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Mayor Pro Tem Turner that the Council concur with the recommendation of the Planning Commission and Planning Staff and grant the revised special permit; seconded by Council Member Gulley; and passed unanimously. ORDINANCE NO. 17345: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF DAVID MAY BY GRANTING A REVISED SPECIAL COUNCIL PERMIT ON LOT 5, BLOCK 6, KOOLSIDE ADDITION REDUCING THE SIDEYARD SETBACK IN ACCORDANCE WITH THE SITE PLAN; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting November 3, 1982 Page 20 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. * * * * * * * * * * * * * * * * * * * * * * * 30. Amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto a new subsection to be numbered 31-5.43 setting forth a zoning classification of "R -1B" One -family Dwelling District with a Planned Unit Development -1 on a tract of land on the north side of Whitecap Boulevard approximately 800 feet east of Padre Island Drive when annexed to the City of Corpus Christi upon the application of Padre Island Investment Corporation. Mr. Utter explained to the Council that all of the property surrounding this particular area is owned by the applicant; therefore, notices were not mailed. No one spoke in regard to this application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. Mayor Jones made the observation that the Planning Commission had recommended approval subject to the resolution of the sewer problem. Mr. Utter assured the Council that when this piece of property is annexed by contract, the sewer problem will be resolved as a part of the annexation contract. A motion was made by Mayor Pro Tem Turner that this application be approved, seconded by Council Member Dumphy and passed unanimously. ORDINANCE NO. 17346: AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 31-5 BY ADDING THERETO A NEW SUBSECTION, TO BE NUMBERED 31-5.43 SETTING FORTH ZONING CLASSIFICATION ON THE DESCRIBED TRACT OF LAND, WHEN ANNEXED TO THE CITY OF CORPUS CHRISTI, SAID TRACT BEING DESCRIBED AS ALL OF LOTS 1, 2, AND 3, BLOCK 37, ALL OF BLOCKS 38, AND 38, A PORTION OF BLOCK 45, ALL OF PONTEVEDRA DRIVE, A PORTION OF WHITECAP BOULEVARD, PADRE ISLAND, CORPUS CHRISTI, SECTION H, UNIT 1, BLOCKS 32 THROUGH 45; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. Minutes Regular Council Meeting November 3, 1982 Page 21 * * * * * * * * * * * * * * * * * * * * * * * 31. Amend Article 7A, "T -1A" Travel Trailer Park District Regulations, "T -1B" Mobile Home Park District Regulations, and "T -1C" Mobile Home Subdivision District Regulations, Section 7A-4, paragraph (3) to reduce the minimum lot size from 6,000 square feet to 4,500 square feet in mobile home subdivisions. Mr. Utter informed the Council that both the Planning Commission and the Planning Staff recommend approval. Council Member Gulley agreed that this was a good amendment. He stated that the original requirements of 6,000 square feet was established under the assumption -that the mobile home park would eventually be converted to a regular subdivision. He stated that there is really no reason to have a lot that large for a mobile home. No one spoke in regard to this application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Mayor Pro Tem Turner that the article be amended as requested, seconded by Council Member Dumphy and passed unanimously. ORDINANCE NO. 17347: AMENDING THE ZONING ORDINANCE, ARTICLE 7A, "T -1A" TRAVEL TRAILER PARK DISTRICT REGULATIONS, "T -1B" MOBILE HOME PARK DISTRICT REGULATIONS, AND "T -1C" MOBILE HOME SUBDIVISION DISTRICT REGULATIONS, SECTION 7A-4, PARAGRAPH 3 TO REDUCE THE MINIMUM LOT SIZE IN MOBILE HOME SUBDIVISIONS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. * * * * * * * * * * * * * * * * * * * * * * * ,* Mayor Jones announced the public hearing on the following matter: 32. Closing and abandoning the right-of-way adjacent to Lots Addition. The right-of-way is are existing or planned within Mr. Lontos'explained that most been closed already; it serves no Staff recommends closing the street. 40' wide Railroad Avenue 3-12, Block 6, Patrick Webb unimproved and no utilities this 40 -foot right-of-way. portions of this street have purpose whatsoever; and the Minutes Regular Council Meeting November 3, 1982 ' Page 22 Mayor Jones called for comments from the audience. Mr. Scott Evans, 618 Texan Trail, inquired if this street closing would affect railroad tracks which provide access for shipments to the warehouse owned by Flato. He was assured that it would not. A motion was made by Council Member Gulley that the hearing be closed, seconded by Mayor Pro Tem Turner , and passed unanimously. A motion was made by Council Member Gulley that this portion of Railroad Avenue be closed, seconded by Council Member Gulley and passed unanimously. Council Member Hawkins expressed the opinion that the applicant should have to pay for the land acquired by this closing. A motion was made by Mayor Pro Tem Turner that the Regular Council Meeting be recessed in order to reconvene the meeting of the Corpus Christi Industrial Development Corporation; seconded by Council Member Hawkins and passed unanimously at 4:00 p.m. * * * * * * * * * * * * * * * * * * * * * * Mayor Jones reconvened the Regular Council Meeting at 4:10 p.m. and announced the public hearing on the following matter: 34. Consider public comment on a resolution approving an agreement by Corpus Christi Industrial Development Corporation to issue bonds for I-37 Gulf Limited (Hilton Inn expansion project) and the bond resolution providing for the issuance of such bonds. Mayor Jones ascertained that no one in the audience wished to comment on this subject. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. City Secretary Read polled the Council for their vote and the following resolution was passed: Minutes Regular Council Meeting November 3, 1982 Page 23 RESOLUTION NO. 17348: APPROVING AN AGREEMENT BY CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION TO ISSUE BONDS FOR I-37 GULF LIMITED AND THE BOND RESOLUTION PROVIDING FOR THE ISSUANCE OF SUCH BONDS. i The Charter Rule was suspended and the foregoing resolution passed by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Gulley, "Nay". * * * * * * * * * * * * * * * * * * * * * * * Mayor Jones called for the City Manager's Reports or other items. City Manager Martin presented to the Council a schedule of the meeting planned for Monday evening, November 8, at which time presentations will be made by developers on the expansion or renovation of City office facilities. He stated that the Council will meet at 4:00 p.m. for the presentations, following which they will attend a dinner for discussion of the proposals. * * * * * * * * * * * * * * * * * * * * * * * *'* Mayor Jones called' for petitions or information from the audience on matters not scheduled on the agenda. Mr. Jack Gordy, 5802 Everhart, expressed appreciation to the City for removing obstructions at intersections. He informed the Council that he had written two letters but had not received an answer pertaining to a water cooler that the police department is renting for $400 whereas a new one would only cost $250. He also referred to the fact that City vehicles are required to be marked unless they belong to police officers. He suggested that the City either comply with the standard instruction or eliminate it since there are a number of unmarked cars driven by City employees. * * * * * * * * * * * * * * * * * * * * * * A motion was made by Council Member Gulley that the'Council convene in closed session under the authority of 6252-17C of the V. A. C. S. in order to discuss a personnel matter; seconded by Mayor Pro Tem Turner; and passed unanimously at 4:19 p.m. * * * * * * * * * * * * * * * * * * * * * * Mayor Jones reconvened the Regular Council Meeting at 5:05 p.m. Minutes Regular Council Meeting November 3, 1982 Page 24 City Manager Martin explained to the Council that there are number of public hearings already scheduled for future Council Meetings; there are five zoning cases that need to be set for public hearing; six more cases are to be heard by the Planning Commission next Tuesday, which makes a total of eleven zoning cases. He noted that since there will not be a meeting on December 1, he would suggest that a Special conducted just to hear the zoning cases. After a lengthy discussion, the Council Council Meeting be agreed that special council meetings will be conducted from 4:00 p.m. until 7:30 p.m. on Monday and Tuesday, December 6 and December 7, 1982 purpose of hearing zoning cases. * * * * * * * * * * * * * * * * * * * * * * * for the Mayor Jones then called again for information from the audience. Mrs. Elva Garcia, 4641 Brookdale, telephone 852-1205, stated that her son was formerly employed by the City of Corpus Christi. She explained that he was arrested on January 18; 1982 for stealing from the City. She explained to the Council that at the time he was arrested, there were a large number of police officers with weapons who surrounded her house. She stated that following a court hearing, the case was dismissed in Judge Hector De Pena's courtroom. She stated that her son had been employed in Maintenance Services. She informed the Council that she had letters of witnesses and others pertaining to this case. Council Member Gulley suggested that the letters be given to the City Manager who would provide a report for the Council and respond to her complaint. * * * * * * * * * * * * * * * * * * * * * * There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Kennedy and passed unanimously, the Regular Council Meeting was adjourned at 5:08 p.m., November 3, 1982.