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HomeMy WebLinkAboutMinutes City Council - 05/30/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 30, 1984 2:00 P.M. Present: Mayor Luther Jones Council Members: *David Berlanga, Sr. Welder Brown Leo Guerrero **Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik Absent: Mayor Pro Tem Betty N. Turner City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order at 2:00 p.m. in the Council Chamber of City Hall. The invocation was given by Reverend J. Aldape of Iglesia Bautista Gollihar, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Frank Mendez. 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. A motion was made by Council Member Welder Brown that the minutes of the Regular Council Meeting of May 23, 1984 be approved as presented; seconded by Council Member Mary Pat Slavik; and passed unanimously. * * * * * * * * * * Mayor Jones then presented a retirement plaque to Mr. Fernando Cyr, Equipment Operator II at the Sanitation Department, and congratulated him on his 28 years of service with the City. Mr. Cyr stated that he had enjoyed working for the City. * * * * * * * * * * MICROFILMED inutes _<egular Council Meeting May 30, 1984 Page 2 Mayor Jones called for consideration of the consent motions on the following items: 1. Bids be received June 20, 1984 for a twelve months supply agreement, with option to extend for an additional twelve months at the same terms and conditions subject to the approval of the supplier and the City Manager, or his designee, for fire hydrants. 2. Bids be received July 11, 1984 for three 17-25 passenger, low floor transit type coaches for the Transit System, to accommodate wheelchairs. This item is included in the UMTA Grant TX -05-0073-01. (80% Federal, 13% State, 7% City). The estimated total cost is $225,000. 3. Bids be received June 20, 1984 for one three -wheel motor vehicle for Traffic Engineering Department to be used for parking control activities. This item is included in the 1983-84 Capital Outlay Budget. 4. Plans and specifications for South Bluff Park Improvements be approved and bids be received on June 26, 1984. This 1977 bond project provides for renovating existing tennis courts and constructing new courts, a parking lot, picnic facilities, a new pro shop, landscaping and irrigation work in South Bluff Park. The project is funded by bonds and Community Development funds and a matching grant from Texas Park and Wildlife Service. 5. Approve the purchase of one 10,000 GVWR cab & chassis with service body for the Gas Division from Creveling Motor, in the amount of $11,865.30, on the basis of only bid received. Similar units except with six cylinder engine and standard transmission were purchased in February for $10,724 each. The unit being purchased is used for leak repairs and must carry heavier equipment thus requiring a larger engine. 6. Approving the purchase of 25,000 bookbags for use by the patrons of the South Texas Library System, based on low bid meeting specifications for the total of $8,048.50. The bags are included in the 1983-84 Grant from the State Library System, given to users who check out a number of books, and are used to advertise the system services. The same quantity was purchased approximately three years ago. 7. Approving twelve months supply agreement with option to extend for an additional twelve months, at the same terms and conditions subject to the approval of the supplier and the City Manager, or his designee, for steel line pipe coated and wrapped, used by the Gas Division, based on low bid to the following: JOY PIPE, INC.: 2" Steel Pipe @ 1.30' = $ 26,000.00 4" Steel Pipe @ 2.40' = 36,000.00 6" Steel Pipe @ 3.50' = 23,800.00 $ 85,800.00 inutes Regular Council Meeting May 30, 1984 Page 3 TEXAS PIPE & SUPPLY: 8" Steel Pipe @ 5.04 = $ 28,627.20 GENSCO, INC.: 16" Steel Pipe @ 11.76 - $ 20,697.60 EST. GRAND TOTAL: $135,124.80 Prices have increased an average of 2% since last contract August, 1983. Eleven bid invitations were issued and six bids were received. 8. Approve twelve months supply agreements, with option to extend for an additional twelve months, subject to the approval of the seller and the City Manager, or his designee, for swim pool chemicals as follows: a. Dixie Petro -Chem, Corpus Christi Liquid Chlorine in 150# cylinders - Est. 325 Total: $9,246.25 b. Van Waters & Rogers, Corpus Christi Muratic Acid, Est. 6,480 Lbs. Bicarbonate of Soda, Est. 4,000 Lbs. Caustic Soda, Est. 23,100 Lbs. Soda Ash, Est. 20,000 Lbs. Calcium Hypochloride in 100# drums - Est. 8 drums Total: $5,495.44 GRAND TOTAL: $14,741.69 9. The City Manager be authorized to execute an agreement with the Music Performance Trust Fund, 1501 Broadway, Suite 315, New York City, New York, for eleven (11) summer concerts in 1984, which will be played by the Corpus Christi Musician's Association, Inc., Local No. 644, at a compensation of $1,090.91 per performance, not to exceed $12,000 in total, for the purpose of providing the citizens of Corpus Christi with musical performances for their benefit and enjoyment. Of this $12,000, $3,000 has been previously approved by City Council on April 25, 1984, as a one-time grant provided through the Municipal Arts Commission. The $9,000 balance requested has been budgeted in the 1983-84 Community Services Activity. 10. Gulf Coast Testing Laboratory, Inc. be authorized to perform the geotechnical subsurface investigation and foundation study for the new City Hall at an estimated cost of $8,575. A total of five 75 -foot deep soil borings will be necessary in connection with the study which will determine the type of foundation system to be provided for the building. inutes Regular Council Meeting May 30, 1984 Page 4 11. Public Hearing be held on June 18, 1984 by the Director of Planning in the Committee Room, City Hall, 8:45 a.m., and that a second public hearing be held on June 19, 1984 by the City Council on the contractual annexation of Wood River Unit 6, owned by Pendaris Corporation, William H. Holland, President, located on the northeast corner of Wood River Drive and FM 624. 12. Public Hearing be held on June 18, 1984 by the Director of Planning in the Committee Room, City Hall, 8:30 a.m., and that a second public hearing be held on June 19, 1984 by the City Council on the contractual annexation of Brighton Village Units 3 and 4, owned by Tim Clower, R. C. Allen, Wes Ledford, Diana Cheek, Tommy Thompson, Alfred Edge, Gary Burshell and a 9 -acre area of land owned by the Diocese of Corpus Christi out of Lots 9 and 10, Section 11, Flour Bluff Encinal Farm and Garden Tracts, generally located south of Saratoga Boulevard on the west side of Cimmaron Boulevard. 13. The Water Distribution System for the H.E.B. Park Area be accepted and final payment of $102,141.53 be authorized to Austin Engineering Company, Inc. This project provided for the installation of new 6 -inch and 8 -inch diameter water mains and the changing of house services from easements at the rear of Lots to the front of Lots in Dahlia Terrace, Pineda Park, Broadmoor Park and Baldwin Park Subdivisions. Council Member Slavik referred to item 2 and asked how the smaller transit coaches would be used. City Manager Martin stated that this is an effort to utilize smaller vehicles; the routes and time schedule will be carefully selected; they will be used as regular buses and also for special events; and they will serve as dual vehicles in that they will be used for the handicapped. Mayor Jones stated that at one time all buses were required to have access for the handicapped but that requirement has been changed. Council Member Mendez inquired if these buses would have routes to the Health Department and if they would be used specifically for the handicapped. City Manager Martin stated that no routes are being added, but the buses could be shifted to a route that went to the Health Department if there is a need. In relation to item 9, Council Member Slavik inquired if the $9,000 balance for the concerts would be appropriated from the Community Services Fund. City Manager Martin stated that the balance would be appropriated from the General Fund and explained that the Community Services Fund is a budget activity within the Park and Recreation Department budget. Mr. Terry Dopson, Director of Park and Recreation, stated that 30% of the $12,000 was provided in a matching federal grant. Mayor Jones inquired if the Music Performance Trust Fund was a union and Mr. Dopson stated that it was. Council Member Mendez, referring to item 11, inquired if the annexation of Wood River Units 1, 2, 3, 5, and 7 had been cleared with the Justice Department. inutes .zegular Council Meeting May 30, 1984 Page 6 Council Member Slavik stated that if Spohn were to do anything, they would loose the right to their parking lot. She stated further that Spohn cannot be asked to put this in writing. Council Member Mendez stated that he felt sure the Del Mar Neighborhood Association would inform the Council if Spohn does not comply with the special permit. Mayor Jones called for the vote on the consent ordinances; City Secretary Read polled the Council for their vote; and the following ordinances were approved: 14. ORDINANCE NO. 18251 AMENDING ORDINANCE NO. 17415 WHICH AUTHORIZED A CONTRACT WITH AUSTIN ENGINEERING COMPANY FOR THE HEB PARK AREA WATERLINE IMPROVEMENT PROJECT, BY APPROPRIATING $741,985.85 FROM THE NO. 162 FEDERAL/STATES GRANT FUND, ACTIVITY 152-807.05, CODE 502, 7TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT AND OBLIGATING $73,014.15 FROM THE NO. 141 WATER REVENUE FUND (361 -541.61 -248 -Water Construction); AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner, Berlanga and Kennedy absent. 15. ORDINANCE NO. 18252 APPROPRIATING $154,022.51 TO SUPPLEMENT $135,021.72 REMAINING FROM EXISTING CONTINGENCY APPROPRIATIONS TO VARIOUS PROJECTS AS SHOWN ON EXHIBITS "A" AND "B" TO REIMBURSE THE GENERAL FUND FOR ENGINEERING SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner, Berlanga and Kennedy absent. 16. ORDINANCE NO. 18253 APPROPRIATING $2,235,608 FROM THE CITY HALL BOND FUND FOR THE NEW CITY HALL, AND REIMBURSING THE GENERAL REVENUE SHARING FUND IN THE AMOUNT OF $229,303.97 FOR EXPENSES RELATED TO THE CITY HALL PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner, Berlanga and Kennedy absent. inutes Regular Council Meeting May 30, 1984 Page 7 17. ORDINANCE NO. 18254 AUTHORIZING REIMBURSEMENT TO COUNTY CREEK CORPORATION FOR THE OVERSIZING OF A 15" SANITARY SEWER COLLECTION LINE; APPROPRIATING $6,041.55; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner, Berlanga and Kennedy absent. 18. ORDINANCE NO. 18255 AUTHORIZING THE EXECUTION OF A CONTRACT WITH TEXAS FENCE, INC. PROVIDING FOR INSTALLATION OF A 6 -FOOT CHAIN LINK FENCE, A 30 -FOOT ROLLING GATE, AND THE RELOCATION OF PORTIONS OF EXISTING BARBED-WIRE FENCE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT; APPROPRIATING $49,000 FROM THE NO. 245 AIRPORT BOND FUND; UTILIZING FUNDS PROVIDED BY THE FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT PROJECT NO. 3-48-0051-01 OF SEPTEMBER 27, 1982; SUBJECT TO FEDERAL AVIATION ADMINISTRATION APPROVAL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner, Berlanga and Kennedy absent. 19. ORDINANCE NO. 18256 CLOSING AND ABANDONING THE 10 FOOT WIDE UTILITY EASEMENT IN LOT 2, BLOCK 4, INTERSTATE INDUSTRIAL COMPLEX, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner, Berlanga and Kennedy absent. 20. ORDINANCE NO. 18257 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 21 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $11,997; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner, Berlanga and Kennedy absent. 21. ORDINANCE NO. 18258 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SPOHN HOSPITAL BY GRANTING A SPECIAL COUNCIL PERMIT ON A PORTION OF LOT 25, BLOCK 6, DEL MAR SUBDIVISION, FOR THE USE OF A PORTION OF LOT 25 FOR PARKING, WITH A 25 YEAR RESTRICTION ON EXPANSION OF THE PARKING LOT ON LOTS 1, 2, 23, AND 24, DEL MAR SUBDIVISION, FROM THE DATE OF ADOPTION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. inutes Regular Council Meeting May 30, 1984 Page 8 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner, Berlanga and Kennedy absent. 22. MOTION TO AMEND PRIOR TO SECOND READING Amending, prior to the second reading, the proposed street closure policy providing for the sale of closed street rights-of-way by (a) allowing applicants who do not agree with the City's appraisal of the value of closed streets to secure their own appraisal, at their cost, for review by the City, and (b) deleting the proposed section of this ordinance which would exempt Governmental entities from payment of the fair market value for abandoned street rights-of-way which they receive. The foregoing motion passed by the following vote: Jones, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner, Berlanga and Kennedy absent. 23. SECOND READING AMENDING SECTION 49-12 OF THE CITY CODE TO PROVIDE FOR PAYMENTS FOR THE CLOSURE OF STREETS AND OTHER PUBLIC WAYS IN CERTAIN CASES AND REQUIRING THAT THE PROPERTY BE REPLATTED; AMENDING SECTION 49-13 TO PROVIDE FOR REPLATTING UPON THE CLOSURE OF EASEMENTS; AND PROVIDING FOR PUBLICATION AND SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Brown, McComb, Mendez, and Slavik voting "aye"; Guerrero "no"; Turner, Berlanga and Kennedy absent. 24. SECOND READING AMENDING ORDINANCE NO. 17893 WHICH AUTHORIZED THE EXECUTION OF LEASE AGREEMENTS WITH AMERICAN AIRLINES, INC., CONTINENTAL AIRLINES, INC., EASTERN AIR LINES, INC., EMERALD AIR, INCORPORATED, AND SOUTHWEST AIRLINES CO. FOR TERMINAL RENTALS AND LANDING FEES BY AMENDING THE EFFECTIVE DATE OF THE LEASE AGREEMENT WITH CONTINENTAL AIRLINES, INC., ONLY FROM AUGUST 1, 1983, TO SEPTEMBER 25, 1983. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner, Berlanga and Kennedy absent. 25. SECOND READING AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR GRAZING PURPOSES WITH MR. AND MRS. EUGENE SMITH, FOR A 22.74 ACRE TRACT ACQUIRED IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner, Berlanga and Kennedy absent. .inutes Regular Council Meeting May 30, 1984 Page 9 26. SECOND READING CLOSING AND ABANDONING THAT 97 FOOT LONG PORTION OF LAMBERT STREET ADJACENT TO LOT 15, BLOCK 10, PARK PLAZA ADDITION UNIT 3; AND PROVIDING FOR THE REPLAT OF SAID PROPERTY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner, Berlanga and Kennedy absent. 27. SECOND READING AMENDING THE CODE OF ORDINANCES, SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, WHICH WILL CHANGE THE SPEED LIMIT ON PORTIONS OF LAGUNA SHORES ROAD AND AIRLINE ROAD; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner, Berlanga and Kennedy absent. 28. ORDINANCE NO. 18259 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND BRYAN AND HENRY TUCKER FOR THE ANNEXATION OF APPROXIMATELY 96.07 ACRES OF LAND OUT OF LOTS 2 AND 3, SECTION 19, BOHEMIAN COLONY LANDS AND LOTS 17 AND 31, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AND A PORTION OF THE LAKES UNIT 1 SUBDIVISION, NUECES COUNTY, TEXAS, BEING PLATTED AS THE LAKES UNIT 4; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner, Berlanga and Kennedy absent. 29. ORDINANCE NO. 18260 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND GRANDSTAND SOFTBALL FOR THE ANNEXATION OF APPROXIMATELY 49.63 ACRES OF LAND OUT OF LOT 8, SECTION 14, BOHEMIAN COLONY LANDS, NUECES COUNTY, TEXAS, BEING PLATTED AS SARATOGA PARK, LOTS 1 AND 2; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner, Berlanga and Kennedy absent. .inutes Regular Council Meeting May 30, 1984 Page 10 30. ORDINANCE NO. 18261 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND CROW WESTERN #9, CORPUS CHRISTI, LTD., FOR THE ANNEXATION OF APPROXIMATELY 12.54 ACRES OF LAND OUT OF LOT 9, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS, BEING PLATTED AS CROSSGATE ANNEX, BLOCK 5, LOT 1, FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner, Berlanga and Kennedy absent. 31. ORDINANCE NO. 18262 ANNEXING A 96.07 ACRE TRACT OF LAND OUT OF LOTS 2 AND 3, SECTION 19, BOHEMIAN COLONY LANDS, AND LOTS 17 AND 31, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AND A PORTION OF THE LAKES UNIT 1, SUBDIVISION, BEING PLATTED AS THE LAKES UNIT 4; AND DECLARING AN EMERGENCY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner, Berlanga and Kennedy absent. 32. ORDINANCE NO. 18263 ANNEXING A 49.63 ACRE TRACT OF LAND OUT OF LOT 8, SECTION 14, BOHEMIAN COLONY LANDS, BEING PLATTED AS SARATOGA PARK, LOTS 1 AND 2; AND DECLARING AN EMERGENCY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner, Berlanga and Kennedy absent. 33. ORDINANCE NO. 18264 ANNEXING A 12.54 ACRE TRACT OF LAND OUT OF LOT 9, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, BEING PLATTED AS CROSSGATE ANNEX, BLOCK 5, LOT 1; AND DECLARING AN EMERGENCY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner, Berlanga and Kennedy absent. * * * * * * * * * * Mayor Jones stated that item 34, the Junior Sailing Program, would be discussed later in the meeting when Dr. Kennedy arrived. * * * * * * * * * * inutes .regular Council Meeting May 30, 1984 Page 11 *Council Member David Berlanga arrived at the meeting at 2:25 p.m. * * * * * * * * * * Mayor Jones called for consideration of ordinance 35, relating to absences of board and committee members. Council Member Slavik stated that she is not completely satisfied with this ordinance; there might be exceptions the Council would need to consider; and she will vote against this ordinance because the City might loose good board members just because they might have problems. Council Member Guerrero inquired what Mrs. Slavik would propose as an alternative, and she replied that in serious cases the item be referred to the City Council. Mayor Jones stated that both alternatives have been tried; he feels the proposed ordinance is the best way in that attendance of the members will be assured due to the fact of automatic removal; and the Council has the option to reappoint members in certain circumstances. He stated that the gains to be made by this ordinance out weigh any problems that might arise. Council Member Brown suggested that the term to be used should be "absent from three consecutive meetings." Mayor Jones stated that if someone misses three meetings, the Council will be notified. Council Member Mendez agreed that this is a good ordinance. Mayor Jones called for comments from the audience on ordinance 35. Mr. Preston Smith, NAACP, stressed the point that the individuals serving on boards are working individuals and the Council should make sure that they have ample time to be present, indicating that they should not be punished because of their particular employment. He urged the Council to consider the fact that they would be locking out good board members by passage of this ordinance. Mayor Jones stated that he really did not understand the point Mr. Smith was trying to make, in that most committees meet in the afternoon. Mr. Smith stated that since the ordinance states "three meetings," the Council may jeopardize the continuity of some boards. Mayor Jones reiterated that when someone misses three meetings, it will be referred to the Council for consideration. Mr. Smith stated that if a board member is unable to serve, they should say so, and indicated that each case should be dealt with on its own merits. inutes Regular Council Meeting May 30, 1984 Page 12 Council Member Berlanga stated that if a member misses three meeting, it would then be brought to the Council and they would have an opportunity to review the situation. Council Member Mendez stated that he did not agree with Mr. Smith; the intent of the Council is to expand the boards; people have not attended these meetings; and the members should decide if they are or are not going to serve. Ms. Janet Rice, 118 Southern, stated that she agrees with this ordinance. There have been many absences from board meetings, and the board she serves on, the Landmark Commission, occasionally lacked a quorum. She asked why the Council was changing the policy now. Mayor Jones stated that Mayor Pro Tem Turner had recommended the change. Council Member Mendez stated that another factor was that a board member had sent in her resignation and the board did not accept it. Mrs. Rice reiterated that this is a good policy and it would ensure a higher attendance to the board meetings. Council Member Berlanga stated that some members miss meetings because of their occupation and when someone misses three meetings, that person should be considered individually. Mrs. Rice stated when board members are absent, the workload is heavier on the board members who do attend. Mayor Jones agreed with Mrs. Rice and stated that this ordinance would take the burden off the other board members in determining if an absence is excused or unexcused. Mrs. Rice stated that the ordinance should state "three meetings," not "more than three," or "one-third of the boards meetings. Mayor Jones stated that special called meetings would not be included. A motion was made by Council Member Guerrero that ordinance 35 be amended to strike the wording "more than three" and substitute that with "more than 25% from the regularly scheduled meetings." The motion was seconded by Council Member Brown and passed unanimously. City Secretary Read polled the Council for their vote on the first reading of the ordinance, as amended, and it passed as follows: 35. FIRST READING REPEALING SECTION 2-61 OF CHAPTER 2, OF THE CITY CODE AND IN LIEU THEREOF ENACTING A POLICY OF ABSENCES FROM MORE THAN 25 PERCENT OF REGULARLY SCHEDULED MEETINGS BY MEMBERS OF BOARDS, COMMISSIONS AND COMMITTEES IN ONE TERM YEAR RESULTING IN AUTOMATIC VACANCY, WHICH DOES NOT PRECLUDE REAPPOINTMENT. inutes regular Council Meeting May 30, 1984 Page 13 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Berlanga, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner and Kennedy absent. * * * * * * * * * * Mayor Jones announced the public hearing on the following: 36. STREET CLOSING - a 50 foot wide by 631 foot long public roadway easement in Lot 13, Block 11, Sunshine Acres Subdivision. Assistant City Manager Lontos displayed a transparency of the area and stated that this is being developed into Windsong Subdivision and is located north of Wooldridge Road between Airline Road and Rodd Field Road. He stated that the roadway easement is not open on the ground. Council Member McComb inquired if a new road would be constructed and Mr. Lontos stated that access to the subdivision would be from Wooldridge and Holly. Mayor Jones called for comments from the audience and there was no response. A motion was made by Council Member Mendez that the hearing be closed; seconded by Council Member Guerrero and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance and it passed as follows: 36. FIRST READING CLOSING AND ABANDONING THE 50 FOOT WIDE ROAD EASEMENT IN LOT 13, BLOCK 11, SUNSHINE ACRES SUBDIVISION, SUBJECT TO THE PROVISIONS LISTED BELOW. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Berlanga, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner and Kennedy absent. * * * * * * * * * * Mayor Jones announced the public hearing on the following street closure: 37. STREET CLOSING - a 40 foot wide by approximate 175 foot long section of Everhart Road in Section G, Flour Bluff & Encinal Farm & Garden Tracts and Section 19, Bohemian Colony Lands. Mr. Lontos displayed a map of the area and stated that the area is being developed into The Lakes Subdivision; Everhart will end at The Lakes Subdivision and will tie into Yorktown Boulevard; and the developer will construct a wide street connecting Everhart to Yorktown. Council Member Slavik asked Mr. Lontos to display the new road. inutes regular Council Meeting May 30, 1984 Page 14 Council Member Mendez inquired if this would be the same amount of street being constructed as that being closed and Mr. Lontos stated that more street would be constructed. Mayor Jones called for comments from the audience and there was no response. A motion was made by Council Member Mendez that the hearing be closed; seconded by Council Member Guerrero; and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance and it passed as follows: 37. FIRST READING CLOSING AND ABANDONING THAT 40 FOOT WIDE SECTION OF EVERHART ROAD DESCRIBED BY ATTACHED MAP AND METES AND BOUNDS; AND PROVIDING FOR THE REPLAT OF SAID PROPERTY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Berlanga, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner and Kennedy absent. * * * * * * * * * * Mayor Jones announced the public hearing on the following: 38. MASTER DRAINAGE PLAN - in the area bounded by Leopard Street, Agnes Street, McKenzie Road and Clarkwood Road involving 276 acres of diverted drainage, revision of basin drainage channels because of pipelines and minor basin realignment to follow property lines. Mr. Lontos displayed a map of the area and explained the following amendments: 1. To route approximately 290 acres which presently drain northerly through the Turkey Creek Watershed (Basin WO) to the Nueces River toward the south into the Oso Creek Watershed. Of the 290 acres, the 172 east of McKenzie Road will be included in Basin WT and will drain to the Clarkwood Drainage Ditch; the remaining 118 acres west of McKenzie will be included in Basin WR and will drain to the upper reaches of Oso Creek. 2. To transfer approximately 45 acres of Basin WT west of McKenzie Road to Basin WR. The end result is the boundary between Basin WR and WT being McKenzie Road. 3. To adjust the common boundary of Basins WT and WV to recognize property lines. A net increase in area to basin WV of 70 acres results from this change, which is very minor compared to the size of the watershed. inutes Regular Council Meeting May 30, 1984 Page 15 4. To drain Sub Basins WT -F-1 and WT -F-1 to the north and east through the existing primary outfall (Clarkwood Ditch) for Basin WT rather than south across Agnes Street to the west of Clarkwood as currently proposed. 5. Within Basin WT, the route of the outfall channels are being changed to reduce by one the number of crossings of the petroleum pipeline corridor (14 pipelines) which connects the Corpus Christi Petrochemical Company plant to other refineries. Mr. Lontos stated that Turkey Creek has experienced serious erosion problems in the past months, and the staff is currently preparing plans to help solve this erosion problem. The 290 acres were scheduled to drain naturally into Turkey Creek under the current Master Plan, but this amendment would divert this acreage from the Turkey Creek Watershed into the Clarkwood Ditch Watershed, which would lessen the impact of erosion through Turkey Creek. He further stated that the staff is working with both the State and the railroad on structure replacement projects, and it is hoped that agreements will be forthcoming providing for their replacement. Council Member Mendez commended the staff on the work they had done regarding Turkey Creek; this is what the Council had requested the staff to do; they have done a good job; and he urged the Council to approve this amendment. Council Member Brown inquired if there were existing ditches along Clarkwood Road and Mr. Lontos stated there were some ditches on Clarkwood Road, but most of this is just on paper. This amendment will let the developers know where proposed ditches will be. Council Member Brown inquired as to who would pay for pipeline relocations and Mr. Lontos stated that the developer would if the line belongs to him and the City would pay the cost if it was the City's line. City Manager Martin stated that that would depend on whether there is an agreement for a revocable easement. Mr. Lontos stated that if a revocable easement is granted it would include a condition that the owner of the pipeline readjust the pipeline. Council Member Guerrero agreed with Mr. Mendez' comments that the staff had done an excellent job. Council Member Mendez stated that before work could commence on McNorton Subdivision, this amendment needed to be approved and that access to Highway 44 was also needed. Mr. Guerrero stated that the property owner should be complimented for agreeing to these changes and Mr. Lontos agreed that the owner will have to do a lot work as a result of this. Mayor Jones called for comments from the audience. inutes Regular Council Meeting May 30, 1984 Page 16 Mr. Dan Kilgore, 9025 Agnes, spoke in opposition to the amendment. He pointed out on the transparency where he lived and stated that he is speaking on behalf of his wife and two brothers who own 170 acres on Clarkwood Road by Agnes Street. He stated that his concern is the drainage at Clarkwood Road and Highway 44; a new 80 foot ditch will run north and south along the west line of his property and will turn east to Clarkwood Road; and he urged the Council not to approve this amendment until definite provisions have been made for disposal of water. He stated that presently the water empties into a 15 foot ditch on Clarkwood Road, turns east and dumps into a 24 foot ditch, turns again and goes under a 50 foot wide opening to empty into the Clarkwood Ditch. He stated that the problem lies with the 50 foot opening under the railroad bridge and Highway 44 and it would be a mistake to allow water to drain there until major openings are constructed. He urged that the amendment not be approved until construction has commenced to enlarge the openings. He informed the Council that he has seen preliminary plans of a new subdivision which would cause more runoff. Council Member Mendez stated that Mr. Kilgore has legitimate concerns, but pointed out, as stated in Mr. Lontos' memo, that before major drainage improvements commence north of Agnes Street in the Clarkwood Area, it will be necessary to replace the drainage structure under Agnes Street, including the railroad bridge at Clarkwood. He further stated that the problem will be resolved when this construction starts, but the first step is the amendment to the Master Plan. Mayor Jones called on Mr. Lontos to respond to Mr. Kilgore's remarks and Mr. Lontos stated that the City has been working on this problem for the last 15 years; the first steps have been taken to correct this; and what Mr. Mendez had said would be his response. He informed the Council that he will be sending staff to Laredo to work with the railroad, but the first step is to have a general plan. Council Member Mendez stated that $700,000 had been appropriated for drainage improvements in McNorton Subdivision; curbs and gutters have been installed; and the water needs a way to drain. Council Member Berlanga stated that all the water would be draining to the south and inquired if this was the natural flow, and if any water could be drained towards Leopard. Mr. Lontos stated that it could not be drained to Leopard, because it would end up in Turkey Creek. Mr. Kilgore stated that all he is and City Manager Martin stated that the Mr. increase stated that with the asking is that the openings first project is Mr. Kilgore Lontos proposed amendment there nor decrease in the amount of water draining to Mr. Kilgore be enlarged 's property. will be no 's property. Mr. Ted Isensee asked why the water could not be drained north and Mr. Lontos stated that if it is diverted to the north, the City would be liable for erosion and the alternative, concrete liners, would be too expensive. He further stated that this way the natural flow would be utilized. inutes Regular Council Meeting May 30, 1984 Page 17 Mr. Isensee inquired as to what the legalities would be if it was diverted and City Manager Martin stated that it would cause legal problems for the City. Council Member Mendez stated that the water cannot be drained to Turkey Creek because it is already eroding. Mr. Fred Deny stated that he has property in the area and that it floods every time it rains. He stated that when the old salt water ditch existed, there were no problems; debris was removed regularly from the ditch; and he indicated that if the ditch were kept clean and expanded the problem could be solved. Mr. Lontos reiterated that the plan includes improvements to the ditch; enlargement of the openings; and reiterated that the first step would be the openings under Highway 44. Mayor Jones inquired if the Tex-Mex railroad bridge was critical and Mr. Lontos stated that it was and also the highway and that this will cost approximately $200,000 or $300,000. Council Member Mendez stated that there is a need to maintain the ditches so temporary relief can be achieved. Council Member Brown made a motion that the hearing be closed; seconded by Council Member Slavik; and passed unanimously. Mayor Jones stated that he will vote in favor of the ordinance because he is satisfied with staff and what they are proposing. Council Member McComb reiterated Mr. Mendez' statements, stating that the ditches should be kept free of debris. City Secretary Read polled the Council for their vote on the ordinance and it passed as follows: 38. ORDINANCE NO. 18265 AMENDING THE MASTER PLAN FOR STORM DRAINAGE FOR THE AREA WEST OF CLARKWOOD AND THE FLOUR BLUFF AREA OF CORPUS CHRISTI AS PREPARED BY NAISMITH ENGINEERS, INC. AND ADOPTED BY ORDINANCE NO. 10843, RELATING TO PLATES 10, 11, 15, 16, 19, 20, 22, AND 23 OF SAID PLAN BY MODIFYING THE DRAINAGE AREAS AND THE LOCATION OF THE DRAINAGE OUTFALLS N THE AREA GENERALLY BOUNDED BY McKENZIE ROAD, LEOPARD STREET, CLARKWOOD ROAD, AND AGNES STREET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner and Kennedy absent. • • • * * * * • * * nutes xegular Council Meeting May 30, 1984 Page 18 Mayor Jones announced the public hearings on three zoning applications. 39. Application No. 484-8, Messrs. J. R. Ewing and E. H. Moore: for a change of zoning from "R-2" Multiple Dwelling District to "R -1C" One -family Dwelling District on Lots 33 and 34, Block 7, Breckenridge Unit 5, located on the northeast corner of Cedar Pass and Grand Junction Drives. Assistant City Manager Tom Utter stated that nine notices were returned in favor of this zoning change and none in opposition. He stated that the Planning Commission and the staff recommend approval. Mayor Jones called for comments from the audience and there was no response. A motion was made by Council Member Mendez, seconded by Council Member Brown, that the hearing be closed. The motion passed unanimously. City Secretary Read polled the Council for their vote and it passed as follows: ORDINANCE NO. 18266 AMENDING THE ZONING ORDINANCE UPON APPLICATION J. R. EWING AND E.H. MOORE BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 33 AND 34, BLOCK 7, BRECKENRIDGE UNIT 5, FROM "R-2" MULTIPLE DWELLING DISTRICT TO "R -1C" ONE -FAMILY DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner and Kennedy absent. * * * * * * * * * * 40. Application No. 484-12, Mr. Herman B. Gallegos: for a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 9, Phillips 66 Subdivision, located on the north side of Baldwin Boulevard, approximately 250' east of South Port Avenue. Mr. Utter stated that three notices were returned in favor of this zoning change and none in opposition. He stated that the Planning Commission and the staff recommend approval. Mayor Jones called for comments from the audience and there was no response. A motion was made by Council Member Guerrero, seconded by Council Member Berlanga, that the hearing be closed. The motion passed unanimously. City Secretary Read polled the Council for their vote and it passed as follows: inutes Regular Council Meeting May 30, 1984 Page 19 ORDINANCE NO. 18267 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF HERMAN B. GALLEGOS BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 9, PHILLIPS 66 SUBDIVISION, 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: Jones, Berlanga, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner and Kennedy absent. * * * * * * * * * * 41. Application No. 484-14, Ms. Virginia Ridgeway: for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lots 8, 9, 10, and 11, Block 6, Koolside Subdivision, located on the west side of Airline Road, across from the intersection of Lucille Drive and Airline Road. Mr. Utter stated that of the 34 notices mailed, two were returned in favor and two in opposition. He stated that the Planning Commission recommended denial of "B-1" and approval of "AB". Mr. Larry Wenger, Director of Planning, displayed the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the area. He pointed out that the Council had just approved "AB" on the lot next to this property; the staff has opposed "B-1" zoning and recommends "AB" in this area, since "AB" would have less traffic generation. Mrs. Slavik inquired about the two letters in opposition and Mr. Utter stated that they objected because of the traffic volume. Mayor Jones called on the applicant to speak. Mrs. Virginia Ridgeway stated that she is requesting "13-1" for a small shopping center and stated that she did not want a special permit because she felt that this was a delay tactic. She further stated that Airline Road looked like and is a business street. She stated that she wants to open an antique store and a speciality gun shop; that these businesses would not generate much traffic; and that zoning with a special permit does not give uniform size and "B-1" zoning does. She stated that this would be an improvement to the area. Council Member Slavik stated that traffic on Airline Road is heavy and she is looking at the long-range effect that this zoning would have, giving Everhart Road as an example of problems that can arise. She stated that Airline Road is a major arterial street and "B-1" zoning would generate more traffic than "AB". Mrs. Ridgeway stated that four single-family dwellings are on the lots now and the owners need to sell their homes; they are now backing out of their driveways into heavy traffic; and her business would provide proper parking, ingress, and egress. inutes Regular Council Meeting May 30, 1984 Page 20 Mrs. Slavik stated that she did not agree with Mrs. Ridgeway in that she felt "B-1" zoning would slow down traffic in that area. Mr. John Morrow, Thomason Reality, stated that Airline Road is not a good site for homes, but is only a good site for businesses. Mr. Mendez inquired if the staff objected to a special permit and Mr. Utter stated that the staff is opposed to "B-1" or "B-1" with "SP", stating that this causes a strip commercial area and generates much more traffic. He stated that some businesses are doing well in that area; i.e., Home Plate Restaurant, but they also have parking problems. He stated that if "B-1" zoning was approved, the next request might be for parking lots on Dorothy Street. Mayor Jones stated that the Planning Commission and the staff recommend denial; he has consistently voted against this type of zoning on Airline Road; and he will continue to do so. Council Member Slavik stated that she too will vote against "B-1" zoning. A motion was made by Council Member Guerrero that the hearing be closed; seconded by Council Member Berlanga; and passed unanimously. Council Member McComb stated that this is no longer a neighborhood environment. A motion was made by Council Member McComb to approve zoning of "B-1" as requested; seconded by Council Member Mendez. The motion failed to pass by the following vote: Jones, Berlanga, Brown, Guerrero, and Slavik voting "no"; McComb and Mendez voting "aye"; Turner and Kennedy absent. A motion was made by Council Member McComb to approve a special permit subject to a suitable site plan; seconded by Council Member Mendez. The motion failed to pass by the following vote: Jones, Berlanga, Brown, Guerrero, and Slavik voting "no"; McComb and Mendez voting "aye"; Turner and Kennedy absent. Mayor Jones asked what Mrs. Ridgeway's alternatives were and Mr. Wenger stated she could either withdraw her application or accept "AB" zoning. Mrs. Ridgeway indicated that she would accept "AB" zoning. City Secretary Read polled the Council for their vote and it passed as follows: 41. ORDINANCE NO. 18268 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF VIRGINIA RIDGEWAY BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 8, 9, 10, AND 11, BLOCK 6, KOOLSIDE SUBDIVISION, 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: Jones, Berlanga, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner and Kennedy absent. inutes Regular Council Meeting May 30, 1984 Page 21 * * * * * * * * * * Mayor Jones called for consideration of item 34, Junior Sailing Program, which had been delayed previously. 34. Council approval to begin a Junior Sailing Program in mid June and to preauthorize funding for the 1984-85 fiscal year for this program. Mr. J. E. O'Brien, 4130 Pompano, stated that he was representing the Corpus Christi Taxpayers Association and that he had noted that the annual revenue from this program would be $2,000 and the initial cost would be $19,000, with an operating cost of $21,000. He stated that if this is approved, the City would be spending $41,000 to bring in $2,000. He stated that a program of this nature would appeal to a select clientele and questioned the justification for this program. Council Member Guerrero stated that this would be a good investment for Corpus Christi and to the future, because the youth of this City is the future. He stated that the benefits cannot be equated in a dollar amount. **Council Member Charles Kennedy arrived at the meeting at 4:30 p.m. City Manager Martin agreed with Mr. Guerrero's comments and stated that one of the goals of the Council was to make sure that facilities are available to all citizens. One way to do this is to have the City provide programs of this type. He stated that the Marina and Park Board have reviewed this program and they have requested the staff to increase water related activities. Activities of this type make people want to stay in the community. This item will come before the Council in the budget, but it needs approval now in order that activities can be started this summer. He further stated that this has great support from the sailing community. Mayor Jones inquired as to how much money will be spent and Mr. Martin stated there would be a one time capital purchase of approximately $20,000 and operating costs of $20,000. Mrs. Slavik inquired if the staff approached any organizations for donations and Assistant City Manager Utter stated they had approached the Bay Yacht Club, Southwest Sailing Foundation, and Corpus Christi Yacht Club. Mrs. Slavik asked what the total budget for the Park and Recreation Department was and Mr. Terry Dopson stated that it was $5.7 million. Council Member Kennedy stated that a program like this could be compared to the HEB Tennis Center. He stated that Corpus Christi is becoming internationally known for the ability and confidence of its sailors. He stated that the Southwest Sailing Foundation is a non-profit organization that can receive donations; all funds expended can be provided by donations eventually; and those individuals that normally would not have an opportunity to sail will have an opportunity to do so. inutes Regular Council Meeting May 30, 1984 Page 22 Mayor Jones stated that he supports this program enthusiastically and inquired of Mr. Dopson how the cost of the sailing program would compare to other programs the City sponsors. Mr. Dopson informed the Council that the City budgets $500,000 for swimming, $60,000 for tennis, and $200,00 for softball. Mayor Jones stated the the City's unique asset should be capitalized upon. Council Member Brown stated that the City has a wonderful Park and Recreation Department and if a City has recreational programs, it is going to cost money. Mayor Jones inquired if there were any comments from the audience on this recommendation and there was no response. A motion was made by Council Member Kennedy that item 34 be approved; seconded by Council Member Leo Guerrero; and passed unanimously. * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Oscar Reyna, Chairman of Feria Hispanica, stated that the Feria Hispanica will be conducted on August 16, 17 and 18; they will attempt to get the surrounding property owners permission; and informed the Council that Tom Stewart, Director of Transportation, had stated that he did not foresee any problems with this date. He stated that he would inform the Council when he had approval of all of the property owners. Mayor Jones encouraged Mr. Reyna to kepp the Council informed on this matter. There being no further business to come before the Council, on motion by Council Member Berlanga, seconded by Council Member Guerrero, and passed unanimously, the Regular Meeting was adjourned at 4:43 p.m., May 30, 1984. /tb I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of May 2, 1984 thru May 30, 1984 inclusive and having been previously approved by Council action, are by me hereby approved as itemized. May 02, 1984 - Regular Council Meeting May 09, 1984 - Regular Council Meeting May 16, 1984 - Regular Council Meeting May 23, 1984 - Regular Council Meeting May 30, 1984 - Regular Council Meeting Lyvther .S4fies MAYOR