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HomeMy WebLinkAboutMinutes City Council - 07/24/1984( to: MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 24, 1984 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner * Council Members: * David Berlanga, Sr. City Manager Edward A. Martin Welder Brown City Attorney J. Bruce Aycock Leo Guerrero City Secretary Bill G. Read ** Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez ** Mary Pat Slavik Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend Gene Stewart of Reach Out for Christ Mission, 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 Frank Mendez that the Minutes of the Regular Council Meeting of July 10, 1984 be approved as presented; seconded by Council Member Leo Guerrero; and passed unanimously. * * * * * * * * Mayor Jones announced the presentation on the following subject: Mrs. Charlotte Knesek, Member of the Board of the West Guth Recreation Advisory Council and the City-wide Recreation Advisory Council. MICROFILMED tes lar Council Meeting July 24, 1984 Page 2 Mrs. Knesek informed the Council that she had worked in the recreation centers in the 40's and 50's and explained that there is a great deal of interest in the parks and recreation because more and more people are attending the recreation centers. She explained that because of this, a group of volunteers has been formed to help develop programs and improvements for the recreation centers. She stated that the group has raised funds to purchase an air conditioner for the center at West Guth Park, and following that they formed a City-wide Recreation Advisory Council to further improve the recreation centers all over the City. She stated that the centers are working at capacity and before the budget is approved, they would like consideration given for improvements to the recreation centers. * Mayor Pro Tem Betty Turner and Council Member David Berlanga arrived at the meeting at 2:09 p.m. Mrs. Knesek continued her presentation, displayed slides of the recreation centers and pointed out the many needs at the various centers and the poor conditions of the restrooms, floors, space, etc. ** Council Member Mary Pat Slavik arrived at the meeting at 2:12 p.m. Mrs. Knesek concluded her presentation by expressing appreciation for anything that the Council can do to help. Mayor Jones inquired if she had appeared before any Boards or Commissions. Mrs. Knesek replied that she had not. Council Member Berlanga urged her to present this problem to the Park and Recreation Board. City Manager Martin informed the Council that Mrs. Knesek's report was accurate and stated that at the direction of the City Council, the Staff has performed a preliminary survey of the conditions at the centers. He explained that most of the centers were not properly designed and were buildings previously used for some other purpose since some of them were donated. He stated that the Staff estimated that it would require $250,000 to bring them up to an improved condition. He explained that the City has never had the funds to do anything except the very basic repairs. He expressed the opinion that this should be included in a bond program in the future. He agreed that there are many needs at most of the recreation centers. He informed the Council further that as soon as the study is completed, it will be presented to the Park and Recreation Board and hopefully the Council would include it in the next bond election. Mr. Martin continued by stating that Community Development Block Grant Funds can be used but only in the Block Grant qualified areas and those centers have been improved. He noted that it might be possible to fund improvements through some bond money or Revenue Sharing but the necessary improvements would be a major capital outlay item. M4 utes lar Council Meeting 24, 1984 Page 3 Mayor Jones referred to the condition of the restrooms in some of the centers as shown on Mrs. Knesek's slides and stated that the same problems exist in City Hall but fortunately, funds are available to construct a new City Hall. Mayor Pro Tem Turner agreed that the requests are legitimate and suggested that after the assessment has been made by the Staff, that the Council conduct a Workshop session to see how they can be improved. Council Member Mendez agreed that there is a lot of concern about the condition of the centers by many of the participants. He suggested that perhaps a closer look could be taken at the budget to see if there are any possibilities for funding. Mayor Jones then suggested to Mrs. Knesek that she attend the Park and Recreation Board Meeting. * * * * * * * * Mayor Jones explained that there was a need to conduct a closed session to discuss pending litigation and the Council agreed that this would be an appropriate time. A motion was made by Mayor Pro Tem Turner that the Council convene in closed session in order to discuss pending litigation, seconded by Council Member Brown and passed unanimously. City Secretary Read announced that the closed meeting was being conducted under the authority of Section 6252-17C of V.A.C.S. for the purpose of discussing pending litigation. The Council then went into closed session at 2:25 p.m. * * * * * * * * Mayor Jones reconvened the Regular Council Meeting at 2:40 p.m. *** Council Member Charles W. Kennedy, Jr. arrived at the meeting during the closed session. Mayor Jones announced that present in the audience were the Sister City students from Yokosuka, Japan and Tampico, Mexico. He then called on Mr. Harry Plomarity, Chairman of the Sister City Committee, to introduce the students. Mr. Plomarity stated that he was very pleased to introduce the visiting students from Yokosuka and Tampico, noting that there were two boys and two girls from Yokosuka and he then introduced those students. One of the students responded and expressed appreciation for the privilege of visiting in the City of Corpus Christi. Minutes r lar Council Meeting 24, 1984 Paye 4 Mr. Plomarity then introduced the six boys who were visiting from Tampico, Mexico. One of the young men, Mr. Navarro, spoke on behalf of the students from Tampico and expressed appreciation for the hospitality extended by the citizens of Corpus Christi. He expressed the hope that the program will continue for many generations. Mr. Plomarity then introduced other members of the Sister City Steering Committee who were present. He also expressed appreciation to the Host Families. Mayor Jones concurred, stating that if it were not for the host families this Student Exchange Program could not exist. Mayor Jones announced the bid openings on the following engineering projects: 1. Downtown Pump Station "A". This 1977 Bond Project provides for the installation of a new diesel engine, a mechanical trash rake, battery charger system, controls and related items. Assistant City Manager James K. Lontos opened bids on this project from the following companies: Bay, Inc.; R. 5. Black Civil Engineers; and Bracco Construction Company, Inc. 2. Seawall Overlook Park. This project provides for the construction of reinforced concrete seawall overlooks at the entrance to the Lawrence and Peoples Street T -Heads along with planting and landscaping, lighting, drinking fountains, benches and information kiosks. Mr. Lontos opened bids on this project from the following companies: Goldston Corporation; Midwest Construction Company; and W. T. Young Construction Company. 3. Portable Buildings for the Police Department. The new buildings would be occupied by the Community Services Division and the new Warrant Division and would relieve crowded conditions in the Police Building. Mr. Lontos opened bids on this project from the following companies: Black Brothers Construction Co.; BUI Construction Co., Inc.; Dickson Builders; GAMCO; Hunt Construction Company; Kiesel Construction Company; L & L Construction Co.; The Lerma Company, Inc.; Mehne Construction Company; Ramtech Modular Design; Salazar Construction, Inc.; and Zeller Electric Company. tes .lar Council Meeting July 24, 1984 Page 5 Mr. Lontos verified that the necessary bid security bond had been submitted with each bid. Council Member Kennedy referred to the seawall overlook project and inquired if State funds would be used for this as well. Assistant City Manager Lontos explained that the total budget for the seawall is $80,000 with an additional $80,000 of State funds. City Manager Martin pointed out that in view of the fact that the bids were higher than expected, it is possible that the City would not be able to construct but one of the overlooks due to lack of funds. He stated that it was hoped that the bids would be closer to $200,000 for both overlooks. Council Member Berlanga inquired if there were any places where decorative tile could be used in the overlook or if something like that was included in the plans. He stated that if so, he knew someone who wished to donate some tile. Assistant City Manager Tom Utter informed Mr. Berlanga that the Staff would be glad to look at that possibility. Mayor Jones called for Action by Motion from the morning Workshop Meeting on the following item: Rejecting all bids for palm tree replacement due to the current water shortage within the City. City Manager Martin explained that the City Council had authorized the Staff to go out for bids on replacement of palm trees and the fundraising for the replacement has been continuing for some time. He explained that because of the severe water shortage, it became more serious after the City went out for bids. He pointed out that it would be difficult to use total effluent for watering, and planting the palms trees and watering them might create a poor image for the public. He informed the Council that the plan also included relocating some of the palm trees and the Staff feels that it would be unwise to transplant them at this time because of the extreme drought. He noted that the bids received were excellent, but the City just feels that we should reject the bids due to the water shortage. He stated that the City crews could remove the dead palm trees but replacement will not be made at this time. Mayor Jones inquired about the amount in the Palms Up Fund, and City Manager Martin explained that $40,000 had been donated and in addition to that, Corpus Christi National Bank will make a donation to the fund in October. 'rtes lar Council Meeting 24, 1984 Page 6 City Manager Martin inquired of Mr. Krenek about the latest date that the trees could be planted and Mr. Ken Krenek, Director of Parks, stated that the latest they could be planted would be the end of September. City Manager Martin suggested notifying the bidders that the City will probably reject the bids if rain does not occur within the next few weeks. He suggested that the bidders be contacted to see if they would abide by their bids submitted for a few more weeks, or in other words, the City needs to keep their options open. Mr. Krenek agreed that they would probably abide by their bids until the middle of September. A motion was made by Council Member Kennedy that the City keep their options open in regard to the replacement of the palm trees and state that it is possible that the City will probably reject the bids unless conditions change and rain occurs. The motion was seconded by Council Member Mendez. Mr. Krenek informed the Council that the two best bids were received from Currie's and Landscape Equipment Company and he has received an indication from both of them that they could supervise the watering of the trees but he did not know the cost. Further discussion followed in regard to the wisdom of planting palm trees when the City is in the midst of a drought. Mayor Jones called for the vote on the motion made by Dr. Kennedy and it passed unanimously. * * * * * * * * City Manager Martin referred to item "L" from the Supplemental Agenda and explained that this posting was made because three second reading ordinances had inadvertently been omitted from the Agenda. City Secretary Read polled the Council for their votes and the following ordinances were passed on second reading: 1. SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND CHARLES J. SMITH AND MICHAEL E. JOHNSON FOR THE ANNEXATION OF A PORTION OUT OF LOTS 1 AND 2, BLOCK 1 NUECES RIVER IRRIGATION PARK, NUECES COUNTY, TEXAS; 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 SEVEPABILITY. tes Jar Council Meeting July 24, 1984 Page 7 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "absent at the time the vote was taken". 2. SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND LAKE PLACID TOWNHOMES, INC. FOR THE ANNEXATION OF A PORTION OUT OF LOTS 31 AND 32, SECTION 27, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS; 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 second time and passed to its third reading by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "absent at the time the vote was taken". 3. SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND EIGHTEEN EIGHTY NINE GROUP FOR THE ANNEXATION OF A PORTION OUT OF TRACT 4, McINTYRE PARTITION OUT OF THE MARIANO LOPEZ de HERRERA GRANT, ABSTRACT NO. 606, NUECES COUNTY, TEXAS; 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 second time and passed to its third reading by the _following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "absent at the time the vote was taken". Mayor Jones called for consideration of the Consent following items: 1. Bids be received August 15, 1984 for a twelve months supply option to extend for an additional twelve months, at the conditions subject to the approval of the supplier and the his designee, for brass and galvanized service fittings. $113,785. Motions on the agreement, with same terms and City Manager, or Estimated value tAL --rtes Lar Council Meeting f 24, 1984 Page 8 2. Bids be received August 15, 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 sewer pipe and fittings. Estimated expenditure $100,000. 3. Bids be received August 15, 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 approximately 843 - 4" to 48" M. J. fittings; 93 - 4" to 10" flanged fittings; 908 swivel hydrant fittings; 375 retainer glands and miscellaneous bolts and gaskets for the Water Division. Estimated expenditure $118,000. 4. Approving purchase of installation of approximately 700 linear feet of commercial grade fencing and gates at the Water Division yard at 1317 Mestina, based on low bid to Texas Fence Company, for $5,348. Prices have increased approximately 6% since last purchase March, 1984. Ten bid invitations were issued and six bids were received. 5. Approving purchase of one three wheel motor vehicle for Traffic Engineering Division to be used for parking control, from Watson Distributing Company, on the basis of low bid, in the amount of $7,392.68. Two bid invitations were issued and two were received. Price for this van has increased by 6% since last purchase April, 1983. 6. Approving 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 safety shoe and boot service to Safety Shoe Distributors, Inc., based on best bid. Estimated annual expenditure is $60,000. Nine bid invitations were issued and three bids were received. Prices have increased an average 2% since last contract July, 1983. 7. Approving purchase of a propane powered floor scrubber for the Coliseum based on low bid to Southwest Lift Trucks Company for $17,675. Seven bid invitations were issued and three bids were received. 8. Approve the purchase of six traffic volume counter/recorders, two 4K data modules; and one parallel data port from Timelapse, Inc., based on best bid for the total amount of $8,902. The equipment will be used by Traffic Engineering Division. 9. Approving an amendment, prior to third reading, to revise recreation fee schedules for athletic league play. Entrance fees per team for tournament play: Softball $75.00 (to) Softball...up to .... $100.00 tes .lar Council Meeting July 24, 1984 Page 9 10. Change Order No. 1 to the Blucher Park Area Utility Relocation and Drainage Improvement Project be approved providing for a deduct in the contract amount of $5,942.25. The change order provides for the relocation and adjustment of 6 ft. by 6 ft. storm sewer box with Southwestern Bell Telephone agreeing to pay a substantial portion of the relocation cost in lieu of making major adjustments to a buried underground conduit system. 11. Approving a contract with the low bidder, Alarm Data Corporation in the amount of $13,930 for installation of a new security and fire alarm system in the Corpus Christi Museum. The City would also pay $70.60 monthly for maintenance and monitoring of the system. 12. Authorizing the issuance of a conditional building permit to Melor Corporation for construction of a Super 8 Motel on the southwest corner of the intersection of Corn Products Road and I.H. 37, specifically Lot 2A, Block 4, Interstate Industrial Complex Subdivision. 13. The following action be taken in connection with the Flynn Parkway Drainage Modification project: a. The project be accepted and final payment of $3,341.21 be authorized in the contractor, Boer -gear Constructors. b. The contractor be charged $3,115 as liquidated damages for 89 days at the rate of $35 per day. c. The contractor be charged $1,150.29 for repair of faulty irrigation piping which was installed and which had to be corrected by the Park Department. 14. Plans and specifications for the completion of the McArdle Road Trunk Sewer Rehabilitation project be approved and bids be received August 21, 1984. This project includes the cleaning and sliplining of approximately 3,752 feet of 42 -inch diameter sewer line, including related work, and it involves the portion of the McArdle Road Trunk Sewer Phase II project previously abandoned by the contractor. The plans have been approved by the Texas Department of Water Resources. 15. Specifications and bid Water Street Sanitary August 14, 1984. This and sludge within the 24 -inch diameter trunk lines. documents for the cleaning of the Horne Road and Sewer Lines be approved and bids be received on project provides for the removal of sedimentation approximate three miles of 18 -inch, 21 -inch, and sewer in the Horne Road and Water Street sewer trunk Council Member Kennedy referred to Item No. 12 in regard to the conditional building permit and stated that he has never heard of anything like this and inquired if this has ever occurred. tes Lar Council Meeting July 24, 1984 Page 10 City Manager Martin stated that it has not and Council Member Kennedy expressed the opinion that a precedent might be established. City Manager Martin stated that he had been totally opposed to this but the City will now be protected. He expressed concerns about authorizing this but informed the Council that they will probably never be confronted with a situation like this again. He explained that the applicant wants to downzone his property from "I-2" to "B-4" because the "I-2" prohibits the construction of the type of building that he is planning. Assistant City Manager Utter interjected that the applicant's engineer failed to apply for a change of zoning before construction started. City Manager Martin continued and explained that if the applicant goes through the rezoning process, it will require two months or more and the owner has agreed to pursue the zoning request. He stated that he owner has also agreed that if the zoning should not be approved, he will tear down the building. Council Member Mendez commented that the owner did make a mistake; they are already under construction; no one in the area seems to be opposed to it; and he felt that since it was a mistake, the conditional building permit should be approved. City Manager Martin explained one problem that he had in that he felt that the primary obstacle was that he did not like to go to the Planning Commission and tell them that the Council has already approved a building permit. He stated, however, that the Planning Commission had been contacted and they indicate that they have no problem with this. Mayor Jones referred to Item 11 in regard to the security and fire alarm system at the Corpus Christi Museum and questioned the reason for the large difference in the amounts of the bids. Assistant City Manager Bill Hennings explained that the recommended bid seems to be in order; the proposed alarm system is connected to a monitoring device; and their proposal included everything the Staff felt was needed. He stated that the three proposals are basically similar in the coverage provided and the City Staff had further contacted CP&L who has systems from this company in four of their downtown buildings, and they have ascertained that CP&L is very pleased with the installation of the company. He stated that they also checked with other companies that are also using this company's system. Council Member McComb also questioned the disparity of the bids of the companies bidding, and Mayor Jones pointed out that this is a rapidly growing business and possibly, the cost of some of the components used are less expensive now then they previously were. tes ,alar Council Meeting July 24, 1984 Page 11 Mr. Hennings informed the Council that the bids also included monthly maintenance. City Manager Martin referred to item 14 and stated that the bids on this project should be received on August 28th instead of the 21st. Mayor Pro Tem Turner inquired if that was the earliest possible date that bids could be received, and Mr. Lontos explained that the City has requirements timewise and they need about 30 days for publication, etc. City Manager Martin explained that the only reason the date was changed from August 21st to August 28th was because of the Council's schedule which calls for a 5 p.m. meeting on August 21st. Assistant City Manager Lontos explained that the specifications allow 90 working days which will be approximately four months. Mayor Jones inquired if this could possibly reduce the odor at the Oso, and Mr. Lontos replied that it may have some impact. Mayor Jones called for comments from the audience on items 1 through 15. Mr. Marshall Barney questioned the great difference in the bids submitted on item 11. He stated that his bid for Industrial Electrical Service was $34,791 and expressed the opinion that the bid by Alarm Data Corporation and the type of equipment they plan to use should be studied further. Mayor Jones reminded Mr. Barney that the City is purchasing protection, not equipment. He inquired if there was something in the other bid that was not equal to his bid and Mr. Barney stated that he has not seen the other list of devices. Council Member Guerrero inquired of Mr. Barney if he had a comparable system that could match the price of the Alarm Data Corporation. Mr. Barney replied that he could install a system for about that same price that would detect fire and inform someone of an intrusion into the building. Council Member Guerrero suggested that this item be delayed for further study. Mr. Barney stated that he would also like to inform the Council that Alarm Data Corporation has purchased Stanley Smith which was the company that had the previous contract at the Corpus Christi Museum for the alarm system. Mayor Pro Tem Turner inquired if the specifications were clear, and City Manager Martin stated that no one had indicated that they were not because none of the bidders complained about the specifications. m4 nutes lar Council Meeting y 24, 1984 Page 12 Mayor Pro Tem Turner inquired as to what protection the City would have if the alarm system does not perform the way it should. Mayor Jones inquired if the specifications indicated that the City wanted equipment that would detect motion and heat, and Mr. Hennings explained that there were a lot of items included in the specifications; it listed the number of doors and roof openings that need to be protected; and they also require that the system be tested. He stated that the specifications cover specific things as well as general things. Council Member Guerrero noted that the City Council had established previously that the cheapest price is not always the best thing for the City. Mr. Frank Cooley and Mr. Steve Davis, representing Alarm Data Corporation, explained that this system would be able to detect movement when someone started to enter the building. Council Member Guerrero questioned them as to how they could do this for $20,000 less than the other company. Mr. Cooley explained that their company will be using the most modern equipment that is available. He also stated that they have a nationwide service. Council Member McComb inquired if they had indeed purchased the Stanley Smith Company and inquired if they will use the existing equipment that is place at this time. Mr. Cooley stated that they will not use that equipment but they did buy out the Stanley Smith Company. Mr. Hennings explained that the company has to agree to a contract with the City to take care of maintenance. He stated that the principals involved in Alarm Data Corporation are not the same people who were with Stanley Smith Company. Mayor Jones inquired as to what there is about their system that allows them to install equipment for such a low cost, and Mr. Cooley stated that he felt that they could purchase equipment cheaper because they purchase for the entire company in large quantities. Council Member Guerrero inquired about the markup of percentage on which they operate, and Mr. Cooley stated that that varies. He also informed the Council that they have discussed the system with Mr. Carrol Williams at the Museum, and they feel that their company came out on top in the analysis of the proposals. ttes alar Council Meeting July 24, 1984 Page 13 Mayor Jones asked City Manager Martin if he had become involved in this matter, and Mr. Martin replied that one of the bidders, Industrial Electrics, did not list the brands of equipment they are using. He stated that on the bid of Alarm Data, they did list basically the brand that they will be using. He noted that the Safeguard bid listed product names also. Mr. Steve Davis of Alarm Data Corporation stated that it was a requirement of the specifications to list the brands of equipment. He stated that the same equipment and system is in use in four buildings owned by Central Power & Light Company. He explained that through use of the equipment, it can be determined where an intrusion is occurring and that they will use infra -red detectors to determine movement. He informed the Council that the system formerly used at the Museum was very old and outdated and that is why it did not work. Mayor Pro Tem Turner suggested that the City consider a master security system in conjunction with the construction of the new City Hall because she felt that it would be preferable to have one system rather than several different systems within the City. City Manager Martin stated that the City Staff is not sure that an alarm system would be practical for City Hall because so many employees come in and out at all times of the day and night. He stated that there is a Staff Committee but they are not far enough along to consider whether we should have an alarm system. No one else spoke in regard to the Consent Motions. A motion was made by Mayor Pro Tem Turner that the Consent Motions, items 1 through 15 be approved, seconded by Council Member Slavik and passed unanimously. * * * * * * * * Mayor Jones called for consideration of the ordinances on items 16 through 31. Council Member Mendez referred to Ordinance No. 16 pertaining to appropriations for park improvements and referred to a previous discussion concerning Greenwood Park. He stated that he would like to urge Tom Utter to approach the Park & Wildlife Department in an attempt to obtain a grant before CDBG funding is considered next year. He urged that such a grant be solicited. Mr. Utter explained that traditionally, the Park and Recreation Department makes recommendations on improvements to the Park and Recreation Board and each year, the City Staff has submitted large funding requests to the Texas Park & Wildlife Department for the grants. He stated that it is possible to receive both Federal and State funds but the Federal funds have been decreasing and the State funds have been increased to include rural areas as well as urban areas; therefore, the State is reducing the amount of grants on large cities' parks .rtes .lar Council Meeting t,.iy 24, 1984 Page 14 submissions. He explained that the chance of receiving Texas Parks & Wildlife funds is relatively slim now because there is not enough money available. He agreed that a submission could be made for Greenwood Park but Corpus Christi Beach is the next one that will be considered, following which South Guth Park will be considered. He assured Mr. Mendez that there is no problem in submitting the application but he felt that the other parks would have a higher priority. Mr. Utter agreed that Greenwood Park offers a lot of potential because it is a very large park and he sees no problems in going forward with an application. Council Member Slavik referred to Ordinance 17 and inquired about the projected revenue from the Reinvestment Zone. City Manager Martin stated that it will be about two months before a print-out is available. Council Member Slavik then referred to Ordinance 20 which approves the sale of a lot in the Navy Center Subdivision and stated that 38 per square foot seems very low for the sale of property. Mr. Lontos pointed out that it is right next to a lift station and not very desirable. Mayor Pro Tem Turner referred to Ordinance No. 25 which is the second reading prohibiting curbside parking on several streets and inquired if the problem had been resolved on Baldwin Street. Council Member Mendez addressed this ordinance and stated that there are several businesses on Baldwin that will be adversely affected by the installation of the left turn lane. He stated that the lady who appeared before the City Council the preceding week has no parking at all off-site and there are many other small businesses that will have to go out of business if they do not have parking. Council Member Guerrero explained that in this particular area under discussion, the buildings did not require setbacks when they were constructed; it is a very busy section of town; and he did not know what can be done to alleviate the problem. Mayor Pro Tem Turner stated that she, too, has driven up and down that street and she just wondered if the Staff had considered the elimination of the left turn lane to allow the continuation of curbside parking. City Manager Martin reminded the Council that a survey had been conducted and sixty-seven of the seventy-one businesses had off street parking. He expressed the opinion that employees could park off-site and he stated, though, if the Council had problems that they go ahead and approve this ordinance for the other streets only. Minutes lar Council Meeting 24, 1984 Page 16 18. ORDINANCE NO. 18347: APPROPRIATING $57,500 FROM THE NO. 250 SANITARY SEWER BOND FUND FOR PAYMENT TO MAVERICK CONSTRUCTION COMPANY FOR PARTIAL COMPLETION OF THE SOUTH STAPLES SANITARY SEWER TRUNKLINE EXTENSION PHASE I PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 19. ORDINANCE NO. 18348: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 7B IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $24,100; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 20. ORDINANCE NO. 18349: AUTHORIZING THE CITY MANAGER TO CONVEY BY SPECIAL WARRANTY DEED TO CALVIN F. BRIGHT, LOT 12, BLOCK 13, NAVAL CENTER SUBDIVISION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 21. ORDINANCE NO. 18350: CLOSING AND ABANDONING THE 7.5 FOOT WIDE UTILITY EASEMENT PARALLELING CARROLL LANE AND.366.0 FEET WEST OF CARROLL LANE IN LOT 12A, BLOCK 1, CARROLL PLACE UNIT &, 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, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 22. FIRST READING: PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI TO THE CITY OF PORT ARANSAS OF ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN CERTAIN TRACTS OF LAND, MAPS OF THE SAME, MARKED EXHIBIT "A" AND "A-1", BEING Minutes -alar Council Meeting 24, 1984 ±,..3e 15 Council Member Mendez stated that there are actually 122 businesses and the majority of the businesses need the on -street parking because they do not have off-street parking. He stated that he felt further consideration should be given to prohibiting curbside parking on Baldwin in this area. A motion was made by Council Member Mendez to delete Baldwin Street both sides from Ayers Street to Morgan Avenue from this ordinance and approve the other streets with the understanding that Baldwin will be considered at a later date. The motion was seconded by Mayor Pro Tem Turner and passed unanimously. Mr. Gabe Lozano, Jr. stated that he was present to speak in regard to this issue and explained that he had agreed to the prohibition of curbside parking at the time he was contacted by the City Staff, but he has now changed his mind because he did not take into consideration the problems other businesses would have if the on -street parking is eliminated. There were no further comments on the ordinances; City Secretary Read polled the Council for their votes on the ordinances, noting that 25, the second reading of the ordinance on curbside parking had been amended. The following ordinances were passed: 16. ORDINANCE NO. 18345: APPROPRIATING $50,039.90 OUT OF PARK BOND FUND NO. 291 AND $3,027.46 OUT OF PARK TRUST FUND NO. 111, $81,058.22 OUT OF NINTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AND $1,575.92 OUT OF EIGHTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR REIMBURSEMENT AT VARIOUS PARKS TO THE GENERAL FUND NO. 102-266-518.43-603; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 17. ORDINANCE NO. 18346: APPROPRIATING $12,000 FROM THE NO. 121 TAX REINVESTMENT ZONE FUND TO REIMBURSE THE NO. 102 GENERAL FUND FOR EXPENSES INCURRED IN THE TAX OFFICE, THE LEGAL OFFICE, DATA PROCESSING, AND OTHER ADMINISTRATIVE OFFICES FOR THE MANAGEMENT AND COLLECTION OF REVENUES IN THE REINVESTMENT DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 'tes .lar Council Meeting July 24, 1984 Page 17 ATTACHED HERETO, WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, AS DEFINED BY ARTICLE (70A, V.A.C.S., TEXAS, BY WRITTEN AGREEMENT, MARKED EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF, PURSUANT TO ARTICLE 970A, V.A.C.S., SECTIONS 3.B AND C.; PROVIDING PUBLICATION BY CAPTION; PROVIDING A REPEALING CLAUSE; AND PROVIDING SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 23. SECOND READING: FINDING THAT THE COST OF PROVIDING LOCAL CHARTER BUS SERVICE HAS INCREASED; ESTABLISHING NEW RATES FOR LOCAL CHARTER BUS SERVICE; AMENDING ORDINANCE 16369; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 24. SECOND READING: GRANTING TO NUECES ELECTRIC COOPERATIVE, INC., ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE FOR FIVE (5) YEARS; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 25. SECOND READING: AMENDING SECTIONS 53-252, SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, AND 53-253, SCHEDULE IV - STOPPING, STANDING OR PARKING DURING CERTAIN HOURS ON CERTAIN STREETS, OF THE CODE OF ORDINANCES BY DELETING AND ADDING DIFFERENT STREET SECTIONS TO T;IE SCHEDULES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". M4 nutes lar Council Meeting , 24, 1984 Page 18 26. THIRD READING - ORDINANCE NO. 18351: AMENDING SECTION 55-50 OF TEE CITY CODE OF ORDINANCES, 1976 REVISION AS AMENDED BY ORDINANCE 17762, PASSED AND APPROVED AUGUST 3, 1983, BY AMENDING CERTAIN SCHEDULES THEREIN SO AS TO INCREASE WATER RATES FOR CUSTOMERS USING TREATED OR UNTREATED WATER. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 27. THIRD READING - ORDINANCE NO. 18352: AMENDING SECTION 55-100 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, SO AS TO PROVIDE CERTAIN INCREASES IN WASTEWATER RATES; AMENDING SECTION 55-71 BY AMENDING THE CHARGES FOR SEWER TAP FEES FOR TAPS IN STREETS AND EASEMENTS INSIDE OF THE CITY LIMITS OF TIIE CITY OF CORPUS CHRISTI; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 28. THIRD READING - ORDINANCE NO. 18353: AMENDING SECTIONS 21-7, 21-18 THROUGH @1-21.1, AND 21-46 OF THE CODE OF ORDINANCES SO AS TO INCREASE GARBAGE COLLECTION AND DISPOSAL CHARGES APPROXIMATELY FIVE PERCENT (5%) EFFECTIVE WITH THE FIRST BILLING CYCLE IN THE MONTH OF AUGUST, 1984; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 29. THIRD READING - ORDINANCE NO. 18354: AMENDING THE CODE OF ORDINANCES, CHAPTER 36, SO AS TO INCREASE RECREATION FEES. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". "'mutes :lar Council Meeting _y 24, 1984 Page 19 30. THIRD READING - ORDINANCE NO. 18355: AMENDING THE BUILDING CODE TO INCREASE CERTAIN FEES. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 31-. THIRD READING - ORDINANCE NO. 18356: AUTHORIZING A ONE YEAR LEASE RENEWAL WITH FAA FOR THE USE OF AIRPORT LAND FOR THE INSTALLATION OF RUNWAY VISUAL RANGE EQUIPMENT AT RUNWAY 13-31 AND FURTHER AUTHORIZING THE CITY MANAGER TO RENEW THE LEASE ANNUALLY FOR A PERIOD OF OUR YEARS. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". Mayor Jones called for consideration of the following Action by Motion from the Regular Agenda: 32. The Report of the Consultant Selection Committee for the Wastewater Master Plan Study be accepted and the Staff be authorized to negotiate a contract with the firm of Brown and Caldwell -Freese and Nichols, Inc. Mayor Jones expressed the opinion that the City Council should pass a resolution expressing appreciation to Mr. Paul Kutchinski and Mr. Barry Pillinger for their work on the Consultant Selection Committee for the Wastewater Master Plan Study. City Manager Martin referred to the two ordinances listed on the Regular Agenda pertaining to setting the tax rate and adopting the 1984-85 Budget and explained that he would suggest that they not be considered today because of the petition that was filed in Court on behalf of the Corpus Christi Taxpayers Association. He stated that they have been enjoined from adopting a tax rate; Judge Garza had issued a temporary restraining order until Thursday; he stated that the temporary restraining order had been withdrawn after the City Staff informed Judge Garza that they would not pass the ordinances until after the hearing which is set for Thursday; he explained to the Council that the petition filed by the Taxpayers Association alleges that the City Staff should do about fourteen other things before the tax rate is passed; he stated that he and the Legal Department did not agree and felt that the association had made an error in their computations; and stated that the ordinances must be adopted next week, however. pogular Council Meeting 7 24, 1984 ,e 20 A motion was made by Mayor Pro Tem Turner that ordinances 33 and 34 be withdrawn for one week, seconded by Council Member Guerrero and passed unanimously. In a return to a discussion of Motion No. 32, Assistant City Manager Lontos referred to a report prepared by the Committee and emphasized the fact that the services of Mr. Barry Pillinger and Mr. Paul Kutchinski was invaluable in preparing this report. He stated that the City had received a number of very good proposals for the Wastewater Master Plan Study from all over the United States. He expressed the opinion that the ten proposals were so outstanding that any one of them would have been acceptable. He explained that there was a particularly close decision on the No. 1 and No. 2 firms and it is important to know that Brown and Caldwell -Freese and Nichols, Inc. had constantly received more No. 1 votes than any of the other companies. He stated that he was very pleased to report that the City Staff recommends that negotiations proceed with this company, but if that does not work out that negotiations begin with the No. 2 firm which is James Montgomery. He stated that their original estimate for this work was $150,000 but at this time, he felt that it would be between $200,000 and $300,000. Mr. Barry Pillinger expressed appreciation for the opportunity of representing the public on this Committee. He stated that Mr. Lontos has assured him that he will be allowed to examine the draft of the agreement that is proposed. He, too, expressed the opinion that either of the two top firms would be quite acceptable to perform the Study. He stated that he also felt that this particular firm will provide recommendations to help eliminate the odors of both the Oso and Westside Wastewater Plants. Mayor Jones suggested that Mr. Pillinger and Mr. Kutchinski continue working with the City on this Study. Mr. Lontos stated that he would like to suggest that a Technical Review Committee be appointed. A motion was made by Mayor Pro Tem Turner that Mr. Barry Pillinger be appointed to the Technical Review Committee. The motion was seconded by Council Member Slavik and passed unanimously. City Manager Martin pointed out that this Study will continue for as long as two years even though recommendations will be forthcoming sooner. Council Member Slavik urged that funding be considered for the odor abatement for the Oso and Westside Plants. Minutes 'lar Council Meeting 24, 1984 Paye 21 City Manager Martin stated that funds are available, reallocating them. A motion was made by Council Member Mendez that seconded by Council Member Slavik and passed unanimously. City Manager Martin pointed out that they also negotiate with the second firm, James Montgomery, if recommended firm do not work out. it is just a matter of Item 32 be approved, need the authority to negotiations with this Mayor Jones announced the public hearings on three zoning applications. 35. Application No. 684-9, Catholic Diocese of Corpus Christi: for a change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on 9.00± acres out of Lots 9 and 10, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located to the west of Cimarron Boulevard and to the north of Brockhampton Street. Assistant City Manager Utter informed the Council that only one notice was mailed and none were returned. He stated that there was one letter expressing opposition from outside the 200 -foot area. He stated that both the Planning Commission and Planning Staff recommend approval. Mr. Utter explained that Mr. Thomas H. Meyer had expressed opposition to this change of zoning. He explained that Mr. Meyer is a new owner and he was not listed on the tax roll from which the addresses for the notification list are obtained. No one spoke in opposition to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 35. ORDINANCE NO. 18357: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CATHOLIC DIOCESE OF CORPUS CHRISTI BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOTS 9 AND 10, SECTION 11, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". -'ular Council Meeting • 24, 1984 ,e 22 Mayor Jones stated that he had had difficulty in ascertaining the recommendation of the Planning Staff. He questioned why the Planning Commission recommendation is on the agenda but that of the Planning Staff is not. Mr. Utter stated that there would be no problem in putting the Staff recommendation on the agenda if the Council desired. 36. Mr. E. H. Moore: for establishment of a Planned Unit Development in Nueces County, Texas, located outside the city limits in accordance with the Platting Ordinance which utilizes the standard procedure of Article 28 being 66.9± acres of land out of Lots 19, 20, 21, 22, 23, and 24, Section 6, Flour Bluff and Encinal Farm and Garden Tracts. Mr. Utter stated that in response to the four notices of the public hearing, none were returned either in favor or opposition. He stated that this is a request for a Planned Unit Development and the applicant is Mr. E. H. Moore. He explained that it is for a single-family development and the Staff feels that it is good land use and they recommend approval. No one spoke in opposition to this zoning request. A motion was made by Mayor Pro Tem Turner that the hearing be closed. Mayor Jones indicated that he would like to see the slides prepared by the Staff. Mr. Wenger displayed the slides at this time. The applicant, Mr. Moore, stated that he would really like to make a presentation on this because he felt that it was an unusual residential development that will be called Stony Brooks Subdivision. He explained that he had approached the City with the idea for this and he wanted to thank the City Staff for their outstanding cooperation. He explained that when he had informed Mr. Wenger of what he wanted to do, Mr. Wenger came up with the appropriate zoning and suggested that he apply for a PUD permit. He also commented that Mrs. Linda Webster of the Engineering Department worked with them to resolve problems that she had with the subdivision and Mr. Malcolm Matthews of Park and Recreation Department also worked very cooperatively with his group. Mr. Moore then introduced Mr. Bob Shattuck and asked that he make a short presentation on their plan. Mr. Shattuck explained that the unique element in the planned subdivision is the open space network. He displayed drawings of their plans and pointed out that it has a park running through the center of the subdivision; it has a loop system; and every lot is no more than 350 feet from the park. He informed the 'rtes alar Council Meeting July 24, 1984 Page 23 Council that Mr. Moore has budgeted $110,000 for development of the park and they have a preliminary agreement with the Park Department to provide installations in the park. He explained that the only way they can afford the extra park dedication is to drain the subdivision through it and for this purpose, they have developed a swale which will meander through the park. He also stated that the park will be developed simultaneously with the development of the subdivision and the play area of the park will be in one concentrated area. He noted that since the playground area will extend across the street running through the subdivision, they have planned a pedestrian underpass on the street to prevent any accidents with the children involved. He stated that all of the streets provide one continuous moving lane and parking. He explained the unusual plans for the street in the subdivision and the shape of the lots. He stated that all of these ideas will make an ideal medium priced home subdivision. Mr. Moore stated that the houses will sell for between $70,000 and $90,000 and they plan to sell the lots at a cost of between $14,000 and $18,000. He pointed out that they anticipate $28,000,000 going on the tax rolls and the streets will be public streets. Mr. Wenger explained that the PUD zoning allows deviation from the Platting Ordinance and the Zoning Ordinance and this zoning will allow for twenty-four foot width streets rather than twenty-eight feet. Mr. Moore then expressed appreciation again for the "Can Do" attitude of the City Staff. Mayor Pro Tem Turner's motion to close the hearing was seconded by Council Member Brown and passed unanimously. In the temporary absence of the City Secretary, Assistant City Secretary Zahn polled the Council fortheir votes on the ordinance effecting the zoning change and it passed as follows: 36. ORDINANCE NO. 18358: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF EDGAR H. MOORE BY GRANTING A PLANNED UNIT DEVELOPMENT -1 ON 66.9 ACRES OUT OF LOTS 19, 20, 21, 22, 23 AND 24, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AS MORE PARTICULARLY DESCRIBED ON THE APPROVED PLANS SIGNED BY THE CHAIRMAN OF THE PLANNING COMMISSION AND CERTIFIED BY THE CITY SECRETARY AS APPROVED BY THE CITY COUNCIL; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". Minutes 'ruler Council Meeting y 24, 1984 .Age 24 7. Application No. 684-11T, Lake Placid Estates, Inc.: for a proposed change to the text of the City Zoning Ordinance #6106 to amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.70 setting forth a classification of "R-2" Multiple Dwelling District on a described tract of land when annexed to the City of Corpus Christi, Texas. Being 1.63± acres out of Lots 31 and 32, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located east of Rodd Field Road along Saratoga Boulevard extended. Mr. Utter informed the Council that in response to the seven notices of the public hearing, none in favor, one in opposition and one from outside the area of notification in opposition had been received. He stated that both the Planning Commission and Planning Staff recommend approval. No one spoke in opposition to this zoning request. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. He stated that the applicant is in the process of annexing the strip of land and it is a part of a larger piece of property. City Secretary Read polled the Council for their votes on the ordinance effecting the zoning change and it passed as follows: 37. ORDINANCE NO. 18359: AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, TERRITORY, BY ADDING TO SECTION 31-5 SUBSECTION, 31-5.70, ZONING CLASSIFICATION OF SAID AREA OF LAND DESCRIBED AS A LOTS 31 AND 32, SECTION 27, FLOUR BLUFF AND ENCINAL FARM AND AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance following vote: Jones, Turner, Berlanga, Guerrero, McCo Slavik voting, "Aye"; Brown and Kennedy, "absent". NEWLY ANNEXED SETTING FORTH PORTION OUT OF GARDEN TRACTS; passed by the mb, Mendez and Mayor Jones announced consideration of the Plat Appeal on the following item: 38. Bishop Estates is appealing the requirement for the dedication of a 3.1 acre area for park purposes out of the approximate 62 acre subdivision being developed into large lots containing approximately 6 acres in size, and in lieu of dedicating land would be willing to pay money for park Minutes -'alar Council Meeting 24, 1984 t..ye 25 settlement. The regulations contained in the Platting Ordinance make no provision for the payment of money in lieu of land in residential sub- divisions 20 acres or larger, therefore, granting this would be a violation of the Platting Ordinance. At the Planning Commission Meeting of April 10, 1984, at which the developer appealed the park dedication and offered money in lieu of, the Commission denied the appeal. Mr. Utter explained that Mr. Bishop has two units of Bishop Estates and under the requirement for five percent dedication for parks, 3.1 acres of land would be required dedication of a park. He stated that the property he has will be developed into two 14 -acre tracts and when the Staff examined the large tract subdivisions, there is a question among the City Staff members if they should allow payment in lieu of park dedication. He stated that they have tentatively worked this out with Mr. Bishop and they would like to move forward with a Platting Ordinance amendment that would allow large tract subdivisions to be platted without the park dedication since the tracts are so large. Mr. Utter continued by stating that they would like to enter into a contract with Mr. Bishop which will allow him to final his plat and require 3.1 acres of park land or the equivalent in cash, which would be $23,000, pending the outcome of the public hearing and the City Council decision to allow payment of money in lieu of park dedication in this certain type of situation. He stated that they do not feel very comfortable with requiring park dedication with such large tracts of land if it is platted into large lots. He stated that Mr. Bishop has also agreed to deed restrict this land to prevent subdividing the lots for twenty years. Mr. Wenger also stated that the present State law will provide a safeguard and on this particular property, the City will have the assurance of the deed restrictions plus the State law that requires notification if anyone wants to subdivide the land. Council Member Mendez commented that the proposed amendment to the Platting Ordinance would involve only tracts of over four acres. Mr. Utter stated that he thought that they would be considering one acre tract or larger ones. He agreed that that figure could be increased or decreased during the public hearings. Council Member Mendez pointed out that the City is involved in litigation concerning dedication of parks. He suggested that just for discussion purposes, he would like to consider the possibility of other developers paying in lieu of funds instead of dedication of land. City Manager Martin agreed that this is totally related to the litigation question;. park land is very important; but the City should not have dogmatic rules. He stated that this would not be the subdivider's choice but the Planning Commission could consider alternatives to park dedication, following Minutes alar Council Meeting f 24, 1984 Page 26 which the City Council should consider the fact that there is sufficient land for a large park instead of dedication of a number of small parks. He explained that the City is having some productive meetings discussing this and the park development lawsuit has been held up pending a review of the College Station case. He suggested that the Council should consider how the goal of large parks could be achieved instead of many small parks. He suggested that this could be accomplished with deed restrictions and payment of funds in lieu of park dedication. Council Member Slavik referred to this particular case and noted that the Planning Commission did not grant the appeal. She inquired as to what they thought about this solution, and Mr. Utter stated that the Planning Commission concurs with the plan that the Staff has worked out. He explained that the Planning Commission cannot grant an appeal because it has to come before the City Council. Council Member Slavik inquired about the procedure to amend the Platting Ordinance. Mr. Utter explained that they will hold a public hearing before the Planning Commission; the Staff wants to discuss it with the Park and Recreation Board to make sure that they are in favor of this; the Planning Commission will. make a recommendation; and a public hearing will be held before the City Council and they will make the final decision. A motion was made by Mayor Pro Tem Turner that the Bishop Estates Plat Appeal be granted, seconded by Council Member Mendez and passed unanimously. Mayor Jones reminded the Council of the COG Meeting Friday afternoon at 2:00 p.m. Mayor Jones mentioned that Council Member Mendez had suggested that he would like to meet with the Port Commission to discuss various issues. He stated that he had arranged for the date of August 14th for a luncheon meeting with the Port Commission. He stated that the Port Commission had suggested that this also be a joint meeting with the County Commissioners as well as the Port of Corpus Christi. City Secretary Read reminded the Council Members of the Texas Municipal League Meeting in Edna on Thursday, July 26th. Mayor Jones, Council Member Guerrero and Council Member Mendez indicated that they would attend the meeting. M4nutes tlar Council Meeting y 24, 1984 Page 27 Mayor Jones called for the City Manager's Report. City Manager Martin stated that he had two items. He reminded them that next week, there will be a full agenda including the tax situation, the water issue, and the adoption of the Budget. City Manager Martin stated that the City has just been informed that they will not receive an allotment for single-family revenue bonds. He explained that the State approved allotments for the cities that were not included in 1982. He stated that the City of Corpus Christi was the last one to receive an allocation in 1982 and we had an outstanding bond issue. He stated that all communities that received funds during the last issue will not receive bond money this time. City Manager Martin stated that he did not agree with the system of allocation and the City of Corpus Christi would like to register their opposition of this allocation method because they feel that it should be based on need. He explained that $1.014 billion was available for the single-family revenue bonds; the State took $305,000,000 from that; and that left $709,000,000 for the cities. He expressed the opinion that they should have allocated that $700,000,000 so that every city received some funds; however, they did not do that but allocated the requested amount for a certain number of cities. He pointed out, however, that if an allotmentis contemplated in the future, Corpus Christi will be first on the list. Mayor Jones questioned if the City would like to have the system continue in view of the fact that we would be first on the list, or should they request that it be changed. He stated that if the Council feels that it should be changed, he felt that a letter should be written to Governor white to inform him of this. Council Member Mendez expressed disappointment that the City was not allocated any funds because there are so many houses for sale and the real estate people were looking forward to this special method of assisting home buyers. Mayor Pro Tem Turner stated that from any standpoint, she felt that Corpus Christi is a City that really needs this assistance because of the large number of unsold homes. Council Member Guerrero suggested that the City Council should prepare a case as to why they should have received an allocation. He suggested that it should be in the form of a letter to be signed by the Council Members and the Mayor. City Manager Martin stated that he did not think it was possible to receive an allocation now. •utes ilar Council Meeting ly 24, 1984 Page 28 Mayor Jones stated that he did not think that this City should oppose the cities that did receive an allocation but he asked that a draft letter to the Governor be prepared for the Council's signature. Mayor Jones called for petitions or information from the audience on items not listed on the agenda. Mr. James Peres, 4801 River View Trail, expressed concern about the water situation. He referred to the Council Workshop Meeting at which time they discussed the establishment of a 4,000 gallon maximum for residents of the City but pointed out that they were going to allow people to continue to use their swimming pools until September. He noted that industries had indicated that they could come up with a decrease but they did not say when. Mr. Peres then referred to the large number of developers who request zoning approval for development that will require service for more water users. He urged that the City Council consider spending money for additional water sources. Mr. Peres continued by referring to a doctor with Texas A&M who had stated that Texas is going to be suffering from a lack of water in the next century. Mr. Peres also took exception to the fact that car washes are going to be allowed to continue operating. He objected to the profit being made by companies collecting effluent from the sewer plant to sell to citizens. Mayor Jones explained that this is the No. 1 item of concern for the City Council. He explained that the only thing they are trying to do is guarantee that all citizens will have water for simple human needs. He suggested that Mr. Peres be given a copy of the proposed ordinance which will be considered next week. Mr. Peres inquired if this new condition will be put into effect after three readings of the ordinance or if it would be considered on emergency basis. Mayor Pro Tem Turner stated that it was not the decision today to go to the 4,000 gallon limitation because it will be discussed further the following week. She assured Mr. Peres that the Council had discussed alternate sources of water and the City Staff is working very hard to find those sources. City Manager Martin stated that the plan is that the Water Allocation and Review Board will discuss this matter Thursday; the City Council will discuss it next Tuesday morning; and action will be taken to make the new regulations effective August 15, 1984. City Manager Martin continued by stating that there were several industries who appeared before the Council during the morning Workshop Meeting and one particular industry is going to spend millions of dollars to remodel in order to decrease the amount of water in half that they have to use. He expressed the opinion that industries have cut back more than others. Minutes 7ular Council Meeting ly 24, 1984 Page 29 Council Member McComb referred to the comment concerning car washes and he stated that he had discussed this with friends who own car washes, noting that they responded that they use 5.9 gallons per car; 1.8 of that is new water; 4.1 is recycled water but yet they are still looking at ways to reduce their water use by cutting their hours on slow business days. Mr. Calvin Floyd, 3917 Normandy, stated that he understood that there was nothing more in the budget to employ additional electrical inspectors. He stated that he has looked at a diagram of the Building Division for the new City Hall and there is no more working area for inspectors. Mayor Jones asked Mr. Floyd if he was in the building business and if so, if his construction had been delayed because he could not get an inspection. Mr. Floyd replied that he had not but he felt that better inspection should be made. He objected particularly to the fact that they perform so many inspections daily that they cannot do it properly. City Manager Martin explained that inspection includes spot checking and at certain points in construction when the builder must call for an inspector before they can continue with the rest of their construction. He noted that there may be an additional clerk to be employed in the Building Division. He stated that the Department had not recommended an increase in the number of inspectors because they feel that the building industry is going to slow down. Council Member Berlanga expressed the opinion that an inspector that goes out to check any building needs to spend quite a bit of time there and he agreed with Mr. Floyd that some of those inspectors complete so many inspections per day and he felt they could not check it properly in that amount of time. He expressed the opinion also that the City has an obligation to see that those buildings are properly inspected. Mayor Jones inquired if the builders have any quality control system of their own and Mr. Floyd replied that some contractors do but some builders do not even obtain a permit. He urged that the City Manager check into the matter of the number of electrical inspections that are conducted each day by the inspectors. Mayor Pro Tem Turner stated that the Council has heard this complaint several times, including a recommendation from the Electrical Advisory Board that more inspectors be employed. City Manager Martin reminded the Council that he had requested a study of the Building Division in the budget but the Council removed that from the budget. Minutes alar Council Meeting y 24, 1984 Page 30 Mayor Pro Tem Turner stated that she felt the studies would be fine, but she was of the opinion that many contractors are delayed while waiting for inspectors. She stated that she would like to hear from Mr. Hennings in a Workshop Meeting. City Manager Martin pointed out to the Council that not a single builder has appeared before the Council with this accusation. He reiterated that he received a recommendation from Mr. Hennings for zero increase in inspectors. Speaking on another matter was Mr. Frank Dietz who stated that he is involved in a new business of wastewater distribution for lawns. He wanted to make the Council aware of the magnitude of this business and urged that the City install additional pickup points because of the long delays in waiting to fill tanks with effluent. He stated that he felt that at least eighteen pickup points should be installed. Council Member McComb noted that it was the suggestion of the City to provide the wastewater at no cost and inquired if those who are getting into the business would be willing to pay a fee for the effluent. Mr. Dietz stated that he thought the industry would be happy to pay three or four dollars to pick up a load. Mr. McComb continued by stating that he hopes that this is a very temporary problem; the City wanted to provide effluent at no cost in order to try to alleviate the problem; but if the City is going to have to purchase pumps and employ additional people, then there would have to be a charge. City Manager Martin stated that there are just so many things that he can do and adding more wastewater stations is about tenth on his list. He pointed out the problems that the City has with an election which will be forthcoming on August llth, the budget approval and attempting to respond to other needs related to the water shortage. He also pointed out that the personnel at the wastewater plants have many other things to do besides filling tanks with effluent. He informed the Council that the City has already increased the pickup stations from one to six and he does not think this should be set up as a permanent business. He stated that he had mixed emotions about the amount of money being made in the sale of effluent to citizens at a cost of $50 per watering operation. Mr. Martin reiterated that this is not a high priority item. Also speaking in regard to the water situation was Mrs. Richard Durham, 218 Lorraine, who explained that the 4,000 gallon limitation would not be fair because of the different numbers of people residing in houses. She provided a large number of figures showing how much water would be used for various sizes of families. She stated that she did not know how the City could determine how many people reside in a household but she did not feel that the proposed limitation would be fair. "'nutes alar Council Meeting _y 24, 1984 Page 31 Mayor Jones explained that there is a 4,000 gallon maximum with a penalty for use over that and a very severe penalty for 10,000 gallons of use. He stated that the City is very concerned about this situation and if Mrs. Durham had any suggestions as to how this could be done better, the Council would welcome them. Council Member Slavik informed Mrs. Durham that this will be discussed again next Tuesday afternoon and she agreed that the ideal way to conserve would be per capita allocation but that is very difficult to work out. Mrs. Durham expressed concern about large families, particularly those with small children and those families that have low income. Mayor Pro Tem Turner agreed that Mrs. Durham was correct because the Council has been concerned about this all day and there does not seem to be any equitable solution for conservation. She urged that if Mrs. Durham had any suggestions that she present them to the Council. Mrs. Durham suggested that citizens might volunteer to survey a neighborhood to check on the number of people in a household. Mayor Jones stated that that is a good idea but there is not sufficient time to conduct such a survey. There being no further business to come before the Council, on motion by Council Member Guerrero, seconded by Mayor Pro Tem Turner and passed unanimously, the Regular Council Meeting was adjourned at 6:53 p.m., July 24, 1984. * DZ/rr * *