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HomeMy WebLinkAboutMinutes City Council - 07/09/1980MINUTES CITY OF CMOS CHRISTI. TEXAS MOLAR COUNCIL MEOW* 2:00 P.M. PRESENT: Mayor Luther"mane$ Mayor Pro Ten Edward L. Semple Council Members: Dr. Jack Best David Diaz Jack K. icy Betty M. Turner Cliff Zarsky City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Sones called the meeting to order in the Council Chamber of City hell. The Reverend Hudson Bigglo, Associate Minister of First Christian Church, gave the invocation. following which the Pledge of Allegiance to the Flag of the United States was led by Council ,".ember Betty H. Turner. City Secretary Bili B. Read tailed the roll of required Charter Officers and verified that the necessary quorums was present to conduct a legally consti- tuted meeting. Motion by Turner that the Minutes of the Regular Council Meetings of May 28, 1980 and June 4, 1980; and the Special Council Meetings of May 28, 1980, June 6, 1980, and Jane 11, 1980 be approved as presented; seconded by Zersky; and passed unanimously. a s* e* R e s t* a** : -:t ** a** a e- .. Mayor Sones recognized the exchange students from Tampico, Mexico, who were junior high school students visiting the City of Carpus Christi in connec- tion xith the Sister City Program_ — _ _ — m Mayor Pro Ten Edward Sample welcomed the students to the City of Corpus Christi in: Spanish. Mayor Jones, assisted by Mr. Beta Tijerina, Chairman of the Tampico Sister City Committee, presented the visiting students Honorary Citizenship Certifi.ates. The Mayor's Administrative Aide, Mr. Raul Torres, read the certi- ficates in Spanish and translated for the students. Mr. Tijerina stated that the Sister City Committee of this City is very proud to participate in this program for the first time this year. He explained 1 ! lMIr"i% Mum COUNCIL ME?ETINC JL11R 9. 1940 Page 2 as ,mow im the eircuestances ander which the program with Tampico was initiated and stated that Mayor Jones wee instrumental In setting up the program. * * * * * * * * * * * * * * * * * * * * Mayor Jones administered the oath to the following new appointees to City Boards and Commissions: lis. Linda Roehl - $unicipai Arts Commission; Dr. James A Pierce - Sister City Committee; and Mr. Farrell M. Smith - Sister City Committee. Mayer .Tares then called for appointments to Hoards and Conmissiens. Motion by Diaz that the following appointment be confirmed, seconded by Sample and passed unanimously: Human Relations Commission Term to Eire Mr. Adrian Bansby (Youth) 6-14-81 Mayor Jones called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanation and recom- mended that: a. One foot of the ten foot utility easement in Lot 4-c, Block 1. Marks Tract, be abandoned at the request of Vector Corporation, developers of Pueblo Park Shopping Center, subject to execution of a hold harmless agreement, relieving the City of any responsibility for damages that might result, because of maintenance to the existing sanitary sewer line, to six building columns which extend 45 feet into the easement. All affected departments MAW!' provided the remaining portion of the easement is retained. h. $24.302.76 be appropriated to reimburse the General Fund, Park Division, for park improvements completed as part of the 1977 Bond Program: Park Cost Ridgewood $ 8,721.65 Irrigation system Congress 7,756.74 Irrigation system Mobile 7.8224.37 irrigation system <T4.3OZ7h t. Exxon Company, U.S.A. be granted a permit to drilla directional well From a regular surface location 4,800 Feet seaward or the south end of Laguna Shores Road an Feta island. The proposed Pita Island Gas Unit 2, Well No. 6, well be the fifth well to be drilled an the Island. It will be drilled in a southerly direction to a depth of 10,-950 feet. No exceptions to the Bay Drilling Ordinance are requested. d. Contracts with the State General Land Office for existing easements across submerged lands ir. Oso Bay for a 30 inch water main and far a 24 inch main For $186.75 be renewed for 10 years. These easements were acquired in 1970 when the 30 inch main serving Flour Bluff and the 24 inch main exten- sion to Padre Island were constructed. ono At T elNUTES RBOOtAR. COMM XCETthO .welt 9, 1980 Feaea 3 e. tract be approved with Corpus Christi Industrial Park. a non-profit cerporatice developing industrial Technology Park, and Corpus Christi Industrial Foundation whereby the first phase (72.8 acres) of an 150 acre Industrial park be',Keen Cliff Maus Drive and Old Brownsville Road, southwest of Padre Island Drive, would be built .,dth the following under- standings.: •(1) industrial Park will plat the property and provide $150,000 toward the cost of utilities. (2) The subdivision will be deed restricted to assure a high quality light Industrial development. (3) The Foundation will financially back all of the canmitments of Industria, Park and help attract new industries to the park from outside the City or from local industry growth. (itT city will pay the cost of improvements except for $150,000; (5) Industrial Park will reimburse City an a pra^rata basis for improvements adjacent to lots sold for any purpose other than an industry with new jobs. (6) The second phase would be developed the same way after completion of Phase 1. f, A park deferment agreement be approved with Corpus Christi industrial Park, the awner of industrial Technology Park. This Corpus Christi industrial Commission assisted development is deed restricted only for uses allowed in "1-2" Light industrial District and thus, in accordance with the Platting Ordinance, can defer park obligations until such time as the lots involved are divertaf to a non -Industrial use. g. Claude Chapman Construction Company be awarded a contract for subdivision improvements in Industrial Technology Park for $592,508.45 and Change Order No. 1 be approved to delete 1,800 square yards of unneeded caliche base for $5,940 and add 758 feet of crushed stone embedment ($4,927) to the sanitary sewer system to improve the foundation for the pipe. An appropriation of $620,000 is requested For the contract award, engineering, testing, platting, and related expenses. This contract award would be contingent upon the execution of the contract and agreement referred to in Items "e" and "f" h. $15,000 be appropriated for legal fees and court reporter costs For Carpus Christi Beach litigation (Jack Davis es. State school Land Hoard). iThis case hes_ ban-vegt_ti"'P c��s�vaing� �nuatv3ss9-hood-and-Brim^.* in Co''Pue Christi and Graves and Dougherty in Austin. 824,374 has been spent to date. The case is on appeal from the District Court in Travis County which awarded II Mr. Davis $80,000 for littoral rights. i. An amendment to Chaparral Aviation, Inc. fixed base operators lease ti inctude a ID -foot by 177 -Foot strip adjacent to the automobile parking area he approved. The present parking area Is too narrow for angle parking and for automobiles to make a backing right hand turn and then pro- ceed forward out of the parking area to the northwest hangar road. Annual revenue will be $44.25, based on .025 cents/square foot for unimproved land. j• The City's 1980 CETA Title Vi Contract be modified to incorporate an addi- tional 5130,000, increasing the contract from 5915,629 to 51,045,629. The contract period of Octoher 1, 1979 through September 30, 1980 will not change. 0f the $130,000, $118,000 is budgeted far wages and 512,000 for fringe benefits. The additional funds were approved by the Coastal Send Consortium Executive Board on June 18, 1980. itieetee Gequirer Covencli Meeting x,By. 1, Min 7V 4, k- A. peieelic hearing be held on July 23, 1960 at 2:00 p.ri. at the request of abutting property e.uers, Mr. George S. Gaines and Mr. R. F. Emnord to close a portion of -olina Drive, between Hendricks._treet and Padre Island Drive. The closing is recommended subject to the fallowing conditions: (1) Provision of a ID' utility easement along the existing east right- of-way line (CPT.}. (2) Provision of a 10' utility easement parallel to Padre Island Drive at the north end of the street being closed. (3) Replotting of Lots 7, 0, end 9 of Block T and all of Bleck 4, Colonia Hidalgo_ (4) Agreement of abutting owners to improve Hendricks Street to - subdivision stendard5. City !tanager Townsend located the area to be closed and informed the Council that it was his understandiing that the request has been verbally withdrawn. Hr. Townsend provided background information in regard to Hendricks Street and stated that it came into existence In 1964 when the Hendricks Subdivision was laid out. He noted that the plat for this subdivision was Tilegaily and improperly filed with the County Clerk's Office, in that the required improvements were not arranged for. Mr. Townsend stated that because of this, it is questionable whether or not certificates of occupancy can even be Issued. City Manager Townsend continued by indicating that the staff agrees that this portion of Molina Drive could certainly be closed and the various affected departments have agreed to the closing. He explained that when this request was brought to the attention of the staff, the fact that Hendricks Street had not been constructed was noted; there is a law that allows that if a paper subdivision has been in existence for more than 10 years, the City may assess thn prep...my-owners-€ar-water lice, Sewer lines, and a por- tion of the street expense; and agreed that the City should participate in the cost of overslzing the sewer line for this subdivision. City Manager Townsend continued his explanation by stating that Mr. Gaines; the applicant for the closing of Holing Drive, has verbally indicated that he would prefer to withdraw his request rather than having to participate in the cost of developing Hendricks Street. Hr. Townsend stated that he would like the Council's concurrence that the Engineering Department should prepare plans and specifications for the improvements to the Hendricks Subdivision even if the public hearing an the closing of Molina Drive is not conducted. He summarized by stating that the ' �u`3°- - flew ;' -l�bL i .cd+.a� Minutes Regular Council' Meting Page 5 problems with Hendricks Street should be resolved before Molina Drive is closed. Air. George Gaines, the applicant, explained to the Council that if these conditions are imposed, it would be impossible for him to participate in ail of the coats of the improvements to Hendricks, noting that he has already been assessed for Padre Island Drive frontage. City :tanager Tawnsend explained that the owners of the Hendricks Subdivi- sion should have paid for at least one-half of the improvements to Hendricks Street. but pointed out that five of the Pots in the subdivision are currently being developed. Mr. Townsend stated that +lr. Gaines would have to pay the expense of one-half of the improvements to Hendricks unless the entire street was from the Hendricks Subdivision, in which case, the developer of that subdi- vision should have to develop Hendricks Street. City Manager Townsend suggested that the hearing on closing Molina Drive should be conducted; the stipulations of the staff will not be advertised but will be discussed further during the hearing; and if Mr. Gaines agrees not to withdraw his request, the hearing can be conducted_ Mr. Gaines agreed to continue with the hearing. Mr. Townsend stated that he will request that Mr. ,lames K. Lontos, Director of Engineering and Physical Development, meet with the property owners involved prior to the public hearing, and a report wili be provided the Council. 1. When a chane in the use of property is made such that additional off-street parking is required or existing off-street parking is modified and there exists driveways which do not serve such changer the Owner/developer be required to remove such driveway and construct, in lieu thereof, new standard curb. gutter, and sidewalks and plant grass where appropriate, fna relatec�cat.er,- off Member best ingv1red ahaut—chc status of the Community Development Block Grant funds that were designated for improvements to curbs, sidewalks, etc., in the downtown area. and City Manager Townsend replied that the staff is working on this. Mr. Lontos elaborated by informing the Council that his department Is in the process of finalizing the plans on at least four blocks in the downtown area, and this project is combined with the drainage project for the sane area. in regard to item "I", Mayor do --'as indicated that he felt that the affected Boards and Commissions should be allowed to comment en the ordinance, fa ^ $ i ' $W.3•:'lY' v itgaig6 i ; 1,;:".£ S.r Minates Rego€ar rel. cn Meeting testy 9, 1980 Page 6 Possibly after tne first rending which will he today. City Manager Townsend agreed that the boards should be provided an opportunity to da this prior to the third reading_ a._ Tax Roll Adjustments for 2-1-80 through 4-30-80 be approved for the following: City Water District Prior Years Prior Years 1979 Levy LevIes Levies Tax Levies 2-1-80 520,209.213 81,859,078 $21,210 Recommended change (6,117) (3,421) (7) Tax Levies 4-30-80 20,203,096 1,855,657 21,203 The net decrease of 86,117 In the 1975 City Levy results from a net decrease of $3,736 in real property and a net decrease of $$2,381 in personal property. _. Significant items -in real property were an increase of $2,358 for 12 properties supplemented to the roll, a decrease of $1,485 for II accounts with clerical errors. and a decrease of $2,889 for 35 taxpayers whose homestead exemptions were valid. Adjustments to personal property included an Increase of $4,749 for 16 taxpayers whose properties were supplemented, a decrease of $1,581 for 29 taxpayers who presented records, and a decrease of 91,259 for 20 properties double assessed. o n. The engineering firm of Ogletree, Gunn & Associates be employed ($23,500) to prepare pians and specifications for construction of additional boat mooring slips in the Marina. The firm will evaluate different mooring locations In the Marina, provide an analysis of alternate locations and pier configurations at the L -Mead, and prepare applications for Corps of Enelneera' permit. Council Member Best Inquired If this engineering firm would proper* the design of the additional slips In accordance with the leeatione es approved by the Council several weeks ego. City Manager Townsend quoted from a transcript of the minutes of June 11 according to which the 1gcatIons of the Improvement* were to be definitely determined after an engineering study was made to develop the most feasible Iltei for the new slips, and It le, therefore, reecernanded that Item "n" be approved for -the -Pyran — — - Council Member licit agreed that the Council mints the Impravaminte to be planned properly but questioned the amount of the engineering map. Council Member Turner stated that she would like to clarify the feet that the Council had definitely agreed on the location of the 70 new slips and the other improvements. Council Member Turner moved that the 70 additional boat slips be located on the south tido of the t -Head. kiten "n" was withdrawn by the City Manager. VF�rg Alk, Ae ` Y " 'OLit- . Co:R. 5 x' Mdnetes Regular Council eeethtg July 9. FOB Page 7 Council lamer 2arsky expressed the opinion that the Council had agreed to two locations but did not eliminate Other alternatives in the action taken on June I. Council Member Best disagreed, statin that the Council had accepted the recommendation of the Marina Advisory Board rather than that of the Sasaki -balker Report. Council Meer $est the seconded Mrs. Turner's motion. Council Member Diaz stated that he felt that this additional motion was redundant in that such action had previaosly been taken to appritve the site several sleeks ago. Council Member_Rest pointed out that the only question the Council had at that time was how wide the space between the slips should be and whether or not there is a need for dredging. !Mayor Jones called for the vote an the motion and It passed unanimously. Council Member.Turner reminded the staff that during the same meeting, the Council had discussed the possibility of studying the north side of the T -!lead for possible improvements, City Manager Townsend informed the Council that the staff is not study- ing the north side of the T -Head et this time. Motion by Diaz that a recommendation ba made by the staff as to how the north side of the T --Head could be utilized; seconded by Turnor. Mayor Jones suggested that this matter be referred to the farina Board. City Manager Townsend pointed out that the City had Just spent a great deal of money for the Sasaki-daiker Report, with assistance from Ogletree and Winn Engineerirt Firm nrars at the only way the north side could be developed was by utilizing a land mass. He stated, however, that the staff could prepare some type of report.' Mayor Janes called for the vote on Council Member Diaz' motion and It passed unanimously. o. The Airport Advisory Board recommendation be approved that the lease Wrh Braniff international Airway, inc. for a fuel storage site be extended for 2 years at an annual rental rate of 2 -it per year per gallon of storage rank capacity ($500), Braniff has Installed one 20,000 gallon capacity tank. The previous rate was la par gallon. 471.`... ' -' Oimptes Regular Cconcai Mceti,tog .&nig 9. i Page B P- Airport parking rates be increased as follows: First hour from 35e to 50e. each additional hour Frere 20s to 35s. and maximum daily rate fret,' $1.75 to $2.50. A survey of parking rates at other Texas cities shores that existing rates are below those of most other airports. Further revisions wit/ be proposed when the expansion of the parking lot is complete and the lot divided into long terns and short term parking. . q. The Compensation Plan be axended to provide authority to hire' in steps "0" through "P' for grades 18 through 25. Existing authority limits employment in advafire steps because of exceptional experience or training or because of market conditions to steps "8" and "C" for grades 4 through 24 and steps "B" through "F" for grades 25 and above. r. Green fees for the {iso lit foipal Golf Course be increased as follows: • - - _ - - Percent Daily Fees ' Ctafrent Propcaed Increase Weekends and Holidays $4'.00 .-.. $5.00 25% Weekdays 3.25--. `�; , 4.00 23% Weekends - late rate 2.50 "i.�81..,.. 20% Weekdays - late rate 2.00 2.50''25% Weekdays - resident sector 1.50 2.00 332 citizens Weekdays - students through 1.00 1.50 50% - - t t'6h school Monthly Cards Unrestricted $22.60 $27.00 23$ weekdays 18.00 22.00 22$ Weekdays - resident senior 11.0G 14.00 27$ citizens Weekdays - students through 8.00 10.00 25% high school The last increase was in August, 1978. The increase is necessary because of increasing power. salary and msintenance costs and will maintain the historic relationship of a little below those at the Corpus Christi Golf Center. The proposed increase should result in approximately $28,000 more income annually. >_ A replacement air blower for the Oso Wastewater Treatment Plant be purchased from Dresser industries,,1p1c_�---- TDD 5,250 cubTh Tt per minute 17 -year old blower has stopped and needs extensive repairs in excess of $10,000. Part delivery will require at least 12 weeks. With this unit mut of service, plant aeration capacity has been reduced by 29%; plant effluent is not meeting water quality standards; and odors have increased. Deliver time is 2 to 4 weeks. Other sources quoted comparable prices but with delivery times in excess of 10 weeks. Mayor Jones called for comments from the Council on the City Manager's Reports. Council Member Iersky referred to item "g" and inquired If the contract was for both units of the industrial Technology Park. City Manager Townsend Minutes Regular teoeci1 Meeting Jcly 9. 19& fiaga 9 replied that it is for the first unit anis, and Fir. Cantos explained that it is for 72.13 acres of developed land and is a very competitive bid. Speaking fron the audience was Fir. Charles Zahn, Attorney, who inquired if the ordinance authorizing a contract between the City and the Carpus Christi Industrial Foundation weuld be considered during this meeting. City Manager Townsend stated that the terms of the contract had not been completely resolved and withdrew that ordinance from the agenda. He also stated that the contract for the Improvements would be contingent upon the execution of the contract with the Industrial Foundation and the park deferment agreement. fir.. -George Nines inquired If the property Included -1n the industeiai-Par# would be placed on the tax rolls, and City Manager Townsend replie@'in the affir- mative. Mr. John Stensland Indicated that he would like to speak in regard to item "n" pertaining to the study by Ogletree and Gunn, and City Manager Townsend informed him that this item had bean withdrawn. Thera being no further comments from the audience, a motion was made by Sample that the City Manager's Reports, items "a" thru "s", Item "g" having been amended, and Item "n" having bean withdrawn, be approved; seconded by Diaz; and passed unanimously. * * * * v * * * * 5 * * * * * 5 is t Mayer Jonas announced the stheduled public hearing on the following zoning matter;• Amend Zoning erdinaride Hb -166, Article 27, Supplemental Height, Arca and Bulk Requirements, Section 27+2,fification of Regulation, by adding a new sub- section to hereafter read 27-2.03: Windmills or wind energy`son6xt-sion systems or wind driven generators shall not be perifi.;fe`6etithin any residentiai zoning district except the "F -Rn ae,p'`rtt:Itecai District. When any such device is to be located tI _ tg.g Farm-Rurai District or any non-residential zoning district it shall be set back the length of one tower height plus one rotor radii from a property Tine. right-of-way or easement for overhead electrical transmission or distribution lines. Council Member Dunphy addressed the audience and requested a show of nands of citizens who were present in regard to this public hearing, and approximately 65 indicated their interest in this matter. r alitpw; x h mutes Regular Cowell eaetima Judie 5,1380 Page kid t City Manager Townsend explained that this is the request to amend the zoning ordinance im regard to wind driven generators; it was initiated by the Board of Adjustment; and the Plaanin3 .omnissioi has deliberated this matter at length. Ye then asked Chief Planner Larry Wenger to present the history of this proposed text amendment and its current status. Chief Planner 14-nger explained that the text amendment was initiated as the result of a group of citizens who expressed an interest in erecting wind generators which would exceed the maximum allowed height of 35 feet in a residen- tial area; one exception was granted by the Board of Adjustment because the lot __ _on which St was eerbe--placed was unusually fargei;-and an additional request for a waiver to the height limitation was considered by the hoard of Adjustment in February, 148. Mr. Wenger stated that at the time this request was considered by the Board, the applicant indicated that approximately 16 additional requests for the purpose of erecting wind generators Would be forthcoming; therefore, the sward of Adjustment requested that the Planning Commission study the matter and establish guidelines. Mr. Wenger continued his presentation, stating that the Planning Staff presented to the Commission a proposal on March 4, 1580 in which they recommended that the wind generator be set back 1.5 feat for every foot or height of the tower to be constructed. He related that on March 31, the Planning Commission conducted a public hearing at which time the primary speaker was Mr. R. W. . Sherwin, a factory representative of Enertech Wind Generators, but since very few other citizens were provided an opportunity to speak, the Commission tabled the matter untie May 13. 1980 and requested additional Information from the City staff and from those present at the meeting of March 31. Ile stated that an May 13, the Commission considered taking action an the wind generator amendment and many members of the audience indicated a desire to provide input but were unable to do so because of other zoning matters that had to be considered; therefore, the Commissioq set a special meeting to consider only the proposed text amendment an June 3, 14813. Hr.. 1lenaer informed the Council that the meeting of June 3 continued For two and one-half haute, and the primary speaker was Mr. Gary feed, Executive �a r nrsarx • Mdeaees Regular Council Meetlag July 9, 1900 Page ll Director of the Coastal Bend Solar Energy Society. who spoke in oppesitio1 to the proposed anendueet. Mr. ilenger further informed the Council that the present Pro- posed text anendment le based on Enertech Bulletin No. 20 c mich recommends that no installation of wind generators be made in dense areas. Mr. Wenger explained the extensive research conducted by the staff, including comments from other cities in which wind generators bad been installed, and had ascertained that It is a fairly neer eeergy device, but the December 12, 1979 Federal Register recommended certain limitations in the use of wind generators, particularly in regard to setback requirements, and also stated that most studies indicate that the pre- dominate use of wind generators would be in rural areas. Mr. Wenger stated that the staff continues to support the text amendment that is under consideration, even though they do support alternate source: of energy and summarized by stating that the staff recommends the use of wind gen- erators in "F -R" districts and certain business and industrial districts provided the setback line is on a ! to 1 ratio. The next speaker was Hr. Gene Peeples, representing the Planning Commission. Hr. Peeples explained that the Planning Commission reached their conclusions in accordance with some of the unsuccessful Installations in Lubbock, Plainview and other cities, and stated further that while wind generators had not been perfected as yet, they feel that they would be inappropriate for residential areas but they do recommend that such installations be allowed in "F -R" zoned property and certain business and Industrie, varied property. Mr. Peeples referred to the December 21, 1979 Issue of the Federal Register En which it was recommended that manufacturers of the generators should provide detailed information in regarr to installation and that the site and setback requirements should be controlled according to the height and the rotor radiilie stated that their reeonmendation was for one times the height of the tower plus one rotor radii. Council Member Zersky questioned Mr. Peeples as to his opinion on the possibility of property owners obtaining some type of waiver or easement from their adjacent property owners for the installation of wind generators, and Mr. Peeples replied that the Department of Energy has recommended that the setbacks are mandatory. Minutes Regear Ceueril Meeting Jody ��3550 Page 12 Council Mteember $iumphy stated that he has read the packet of information from the Planning Commission, and he understands their concerns about safety. noise, television intcrf_rence, and the aesthetics of the generators, but admitted that he had a problem in passing a text amendment that would prohibit installations in single-family residential areas. Mr. Our,, by pointed out that according to all the information be had rend, wind generators are a viable source of alternate energy which may be essential in the future. Me questioned the recommendation that installations would not be allowed in residential subdivi- sions. Kr. Peeples expressed the opinion that at Yhls-time,-the generators have not been properly designed for installation an small subdivision Tats. Mr. Dunphy stated that he did not feel that the Council should pass an amendment to prohibit wind generators in single-family subdivisions because the developers of the wind generators are continuing to improve the design of the machines. Mayor Jones stated that the Council finds it difficult to take the posi- tion that would in any way restrict the ability to save electricity because they feel that everyone should conserve anergy; therefore, for the Council to take a position to prohibit alternative sources of energy would be wrong. He stated that althaugtr the wind generators are experimental, he felt that citizens should be cautioned about the possible dangers of the machines. Mayor Jones also pointed out that the installation of wind generators requires a substantial investment, and For that reason, he did not feel that everyone in a neighborhood _____-would leiseerFT geeeeretors. Keytt-ltMtte also rntorsed the Council that he had dis- cussed this source of energy with representatives of Central Power and Light, and [hey are prepared to purchase energy from this source. Council Member Zarsky reiterated that he Felt that the wind generators should not be prohibited in residential subdivisions but some type of regulation should be devised to allow an individual to obtain an easement or a waiver from his neighbors so that installation could occur. Council Member Diaz expressed concern about granting a waiver and stated that he would prefer that an ordinance be passed regulating the setback according to the height of the generator to be installed. ey Minutes M. egisker t•:onecii rteetrng. h eEy'n loo gegt Ij Council Member Best stated that he was of the opinion that the installation of kind generators should include a free fail area for the towers, and indicated that he would eupper,t an ordinance to allow installation in ell -1/3" zoned property if a 1 to 1 setback ratio were required. Council Kamer Turner pointed out that the City of Corpus Christi has an ample source of wind power and stated that she would support the installation of wind generators if they are installed in compliance wi#h the Building Code with safety conditions. Council Member atimphy inquired if anyone on the staff had ascertained if there are any probiesrs with the City's electrical code en the wind generators. City Manager Townsend replied that the electrical code must address the installation and the generators must be in compliance with the electrical code. Mayor Jones inquired about the limitations on the installation of wind generators according to the present zoning ordinance, and City Manager Townsend explained that the height limitation would have to be waived because the only exceptions to the height limitation at this time are items such as church spires, etc., and If a property owner desired to install a generator, he would have to obtain a waiver from the Beard of Adjustment. Council Member Best stated that he would like to offer a zoning amendment to permit the installation of wind generators in residential areas provided that such devices are set hack the length of one tower plus one radii and if they are constructed in compliance with the electrical and building codes. Council Member Zarsky expressed the opinion that this setback requirement would virtually eliminate the installation in most neighborhoods and he would like to see the devices allowed in residential areas. Mir. Arthur Ramirez, speaking as an individual, not as a me ;er of the Planning Commission, expressed the opinion that, as an engineer, he did not see how wind generators would be economically feasible because of the large invest- ment required, which he estimated to be approximately S10,000. He also mentioned the hazards and costs of maintenance of the generators but stated that his largest concern was with safety. Hr. Ramirez noted that the wind generators are limited to 120 miles per hour and he was of the opinion that would he quite dangerous in hurricanes or high winds. He summarized by stating that he did not feel that Minutes Regular Coencit Meeting duly s, 1386E Tns14 individuals should be allowed to install the wind generators het that this should be dans by professionals. Mayor .cones ascertained that 15 citizens desired to speak in opposition to the proposed text amendment. ?lotion by Turner that each presentation be limited to 3 minutes, seconded by Diaz and passed unanimously. The first speaker in opposition to the proposed text amendment was Mr. Gary Weed, Executive Director of the Coastal Bend Solar Energy Society, who informed the Council that he has been working with several state and federal agencies to obtain information pertaining_to wind generators, including the Department -of- Energy, which he has presented to the Planning Commission during their delibera- tions. Mr. Weed pointed out that the staff was allowed approximately one and one-half hours to present their viewpoint, and the 3 minutes he was allotted was inadequate for all of the information he had obtained. Mr. Weed referred to the four areas of concern expressed by the staff and the Commission, as follows: noise, television interference, safety and aesthetics. He stated that the staff and Commission had continually referred to outdated material, particularly from the Federal Register of December, 1579, which infor- mation was based on an extremely large generator, whereas, the type that would be suitable for residential installation was a much smaller generator which creates almost no noise. in regard to the allegation that the generators interfere with TV reception, Mr. Weed informed the Council that he had provided the planning staff with documents proving that this concern is invalid. Mr. Weed then referred Lo safraty and stated that he and other members of the Solar Energy Society had carefully examined the City's Building Code and discussed the matter with Mr. Gerald Pascador of the Building Division. who agreed.that the installation of wind generators, if in compliance with the current building code, would he com- pletely safe and would pose no more danger than ham radio towers, church spires, etc. He reminded the Council that all installations would have to be approved by the City's Inspection Division, and, therefore, they would have to be in compliance with the building code. just as any other structure. itioutL Rageltao CM=:111 Kee:tina /990 Pate 15 tCr„ Wed ;reformed the Cannon that the Department of Energy no longer recommends the setback requirere.et For the Installation of wind generators, and stated that he has letters from officials of that gepartment to that effect. fle then referred to the aesthetics of the structures and informed the Council that &smiler generators are being developed which would certainly not be unattractive in a neighborhood setting. Mr„ Weed stated that in 1975, the State of Texas passed a law that exempted any wind generator installations from any kind of taxes, which indicates that the generator installations should be encouraged as an alternate source of energy. Mr. Weed then presented a petition containing 1200 signatures which read as follows: "In times of ever increasing energy costs and demands for conservation of our energy resources, it is of utmost importance that we develop those renewable resources which are available. "For years, the citizens of Corpus Christi have withstood spiraling energy bills with little or no recourse. How the economics are beginning to develop which will allow for savings through the use of alternative energy sources such as safer energy and wind power. . "The power of the wind as a clean, safe and viable energy source should not be neglected . . . "We, the undersigned, feel that the erection of rend generators should not be prohibited or unduly restricted within the City limits of Corpus Christi." Hr. Weed then referred to the allegation that utility companies are not purchasing alternative energy and denied that this is true. He informed the Council that the Texas public Utilities Commission has ruled that by March, 1981, s plan must be developed by all utility companies for the purchase of alternate 4 energy, and in eight states, fifteen different utilities are purchasing power from wind generators. He denied also that the wind generators would require large battery roams which will necessitate a great deal of maintenance and further stated that this Ts the information associated with the extremely large 350 -foot generators -- not the new simaTler SWECS. Mr. Weed also pointed out that there are"poles designed for the installation of the SWECS that are similar to those used for the Whataburger signs, which are allowed In this City. He sum- marized his remarks by noting that citizens of this City are asking for wind minutes Regular Coerell Nesting MY 9. Mee sage to itleVt2P'_ :414:171V11:. generators; the safety eeestice will be addressed by the City's Building Division when pernite are issued; aad suggested that if the Council has any further euestious, the Coaetal Rend Solar Energy Society will be glad to provide information. Ms. Geneva Lerma. 1117 Tyler Street, informed the Council that she is from Lubbock, Texas, and geestioned the statement that the City Manager of Lubbock had made that the one rsind generator installed there was unsuccessful., Ms. Lerma pointed nut that radio towers extend 60 feet in the air; many trees extend far above the 35 -foot regulation; and expressed the opinion that wind generators are much safer than trees. Mr. Ted isensee, 9115 Agnes, referred to Mr. Peeples' statement that there- is hereis not a conflict of interest in the City's effort to ban wind generators and painted out that the City receives a very large gross income tax receipt from Central ?ower and Light Company for the sale of electricity. He expressed the opinion that large utility companies Such as this denotwant citizens to become energy efficient because their profits would be reduced. Mr. Daniel McCann, 502 South Tancahua, called the Council's attention to letters he has written to them in regard to the wind generators. He noted that the City's height limitation for structures Is 35 feet, but most cities approve the norma height requirements for wind generators. He ped nted out that installers of wind generators must meet the wind load capacity according to the City, and the generators must be certified to meet all of the requirements of the building code. Hr. McCann recalled that several people had mentioned that 70 -foot towers would be required for the generators but stetted that he felt that 45 to 50 -foot eault.'e-Weaffi`cient far the eiiiiT r generators. He summarized by express- Ing the opinion that the building code requirements would be more than adequate as a safeguard for the installations. Hr. Richard Drummond. 5526 Ocean Drive, referred to the remark that utility companies are not buying back energy on a large scale and explained that the reason for this is that this is a new technology and not many cities have the wind capacity that Corpus Christi does. Hr. Drummond also reminded the Council that the Federal government has granted a 40% tax credit for the installation of a WNW i't inmt$3 Rest:Aar Cc:c ez l' Meet ie Peee i F wind generator, and this tax credit will he in effect until 1984. which would indi- cate that the Federal goverment is encouraging the installation of aeneraters. He then urged the Council not to approve the proposed text amendment. Mr. Geese Clower, 3120 Santa Ft, Architect, stated that he is a member of the Beiidinn Cade Board of Appeals; this Board was asked for their opinion of the wind generators located In residential areas; he had only had an opportunity to discuss this with one other member, Hr. Jack Van Horn, an engineer; and he is, therefore, expressing only their opinions on this subject. Mr. Clower stated that they do not feel that the installation of wind generators would be as detri- mental as the staff and the Planning Commission have implied, because the Building Code does cover most of the requirements for safe installation of the wind gener- ators. He expressed the opinion that it would be most unfortunate for the Council to approve any ordinance that would discourage the employoent of this alternate source of energy - firs. Betty Brandesky, 4017 Cork Street, pointed out that if wind gener- ators are located on an individual's property, that person is responsible for it, just as they would be for a tree, radio tower, etc., that might be located on the property. Hr. Clay Moore urged that the Council consider passage of an ordinance that would allow the installation of wind generators, since they provide a good source of energy, and if a shortage of energy exists in the future. the genera- * tors are inevitable. Mr. Moore suggested that a reasonable setback requirement _he included to such an ordinance so as not to -disco rage enstallatlon in residen- tial areas. He pointed out that there are many structures in the City that are more hazardous than wind generators, and these devices should not be considered as special structures but should be in compliance with the Building Code, parti- cularly since they will provlda Inexpensive energy. Mr. V. L. Colman, 3544 Linda Lee. informed the Council that the Coastal Bend Solar Energy Society has all of the information that the Council might wish to have in regard to wind generators. Mr. Cosman pointed out that apparently no one is opposed to the installation of wind generators in subdivisions; the rd eiewtee aceuler Council ee time July g. Past iR City's building; inspectors midi be sure that the generators are properly installed in a see manner; and urged that the text amendment being considered not be approved. iia one else spoke in regard to this zoning matter. Motion by Turner that the hearing be closed, seconded by Sample and passed unanimously. City Manager Townsend pointed out that the zanlne ordinance does not specifically address the subject of wind generators; there is a 35 -foot maximum height requirement in "R -IB" zoning, with the exception of church spires and a fear other things; and the only ray that a resident could obtain a permit for the installation of a wind generator is to Appear before the Board of Adjustment for a waiver of the height regulation. Council Member Dunphy inquired about the existence of radio towers and inquired if those owners have to obtain waivers of the height regulations. City Manager Townsend replied that radio towers have been interpreted to be in the same category as church spires and are exempt from the 35 -foot height regulation. Motion by Turner that the proposed text amendment be dented; seconded by Sample. Mr. heed stated that the Solar Energy Society would be very pleased if the Council would pass a directive that they are in favor of wind generators. Mayor Jones indicated that he did not feel that he could state this. Council Member Zarsky expressed the opinion that by not passing an ordi- nance dealing specifically with wind generators, the Council is avoiding action and noted that the goard of Adjustment has requested Council guidance. Mayor Pro Tem Sample stated that it is his opinion that if other struc- tures such as church spires and radio towers are allowed without the benefit of a waiver of the height regulation, then possibly wind generators should also be exceptions to the height regulations, provided they meet all requirements of the building code. Council Member Zarsky stated that he Felt that the Council should consider a higher wind load for these wind generators and suggested that this be discussed in the future. lti motes envier Commit Meer,ina Suly 9. 1360 Page i Mayas .Pones ,celled for the vote ohs Council Member Turner's petiole to deny the request for the text amendment. and it passed ur. ;musty. ear. e t * * * e t * * z*ea*f* Mayer Jones called for the ordinances. City Manager Townsend briefly explained the ordinances on the agenda. Mayor Jones then coiled for comments from the audience on the ordinances. Ms. Elizabeth Campbell referred to the first reading of the ordinance per- taining to the aquarium and stated that She was of the opinion that the facility would be very beneficial for the children in the City. She also stated that she thought the Peoples Street T -Head location would be an excellent site. Ms. n, r Shaw -also indicated that she was in favor of the Peeples Street T -Head for the site of the aquarium and noted that such a facility would be quite an asset for the City. Also expressing approval of the T -Head location for the proposed aquarium were Ms. Vickie Rothschild, Ms. Margaret Luther, Mr. Curtis Cantwell, and Mr. Eduardo E. de Ases. Mr. John Stensland, member of the Marina hoard, spoke in regard to the same ordinance and referred to the contention that if the T -Head needs some structural support before the aquarium is constructed, this might be accomplished by cooper- ation of the engineers for the Aquarium Association and the City of Corpus Christi. Speaking In opposition to the T -lead location for the aquarium was Mr. Nathan B. Clark, represeit`ng Star Trek Enterprises and Captain Clark's Charter Boat Service. Ha pointed out that iorating the aquarium on the T -Head would create further congestion and suggeste3 that another site he considered. Mr. Joe Ferris, representing the Harlin Queen Fishing Boat. stated that his boat makes four trips a day, and there is a cot of traffic on the Peoples Street T -Head during those times. He noted that with the confusion that accom- panies any type of construction, his boat would virtually be put out of business during the construction phase. P1r. Ferris also objected to the City's having to pay for engineering studies of the Peapies Street T -Head. Hr_ Man Johnson, member of the Aquarium Association, agreed that there will be parking prebleas all along Shoreline but not necessarily because of the Minutes: Regular EEsircii « lie Feng; 443W Yoe Pg* 3°.Y.: X3- 5 r. `ooml ° `tz Fact ehet the aarsries±, ;s located ar. the Peoples Street T -Heed, but because of the general growth off the downtown area of the City. He urged that the citizens support the Aquarium Association in their endeavors. :here were na Further comments on the ordinances; City Secretary Read polled the Council: for their rotes; and the following were approved: FIRST REAPING: AMENDING SECTION 36-2 OF CHAPTER 36 OF THE CORPUS CHRISTI CITY CODE, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 36-2, GREEN FEES SCHEDULE, SO AS TO ESTABLISH A NEW GREEN FEE SCHEDULE FOR THE 050 MUNICIPAL GOLF COURSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing crdiaance-was read for the first time and passed to its second reading by the following vote: Jones, Semple, Best, Diaz, Dumphy, Turner, and Zarsky voting, "Aye". FIRST READING: AMENDING THE CORPUS CHRISTI CITY CODE, 1976 REVISION, AS AMENDED, BY AMEND- ING DIVISION 3, PRIVATE DRIVEWAYS, SEC. 49-42 SPECIFICATIONS, BY ADDING A NEW SUBSECTION AS FOLLOWS: "(6) STANDARD CURB, GUTTER, SIDEWALK, AND GRASS SHALL BE CONSTRUCTED AND UNUSED DRIVEWAYS REMOVED BY THE OWIIERSlDEVELOPERS WHEN OFF-STREET PARKING FACILITIES ARE MODIFIED AND EXISTING DRIVEWAYS NO LONGER SERVE SUCH PARK- ING FACILITIES". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner, and Zarsky voting, "Aye" - FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MODIFICATION OF LEASE AGREEMENT WITH CORPUS CHRISTI BANK Fr TRUST COMPANY, TRUSTEE, THE SMALL BUSINESS ADMINISTRATION, AND CHAPARRAL AVIATION, INC., WHICH MODIFICATION OF LEASE AGREEMENT WAS AUTHORIZED BY ORDINANCE NO. 15041, DATED AUGUST 8, 1979, BY ADDING AN ADDITIONAL LEASED AREA OF 1,770 SQUARE FEET OF UNIMPROVED GROUND FOR AUTOMOBILE PARKING, ALI_ A5 MORE FULLY SFT FORTH IN—TRE-JANRNOHF,I1T-1-4JB=-- STANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EX- HIBIT "A", AND PROVIDING FOR AN EFFECTIVE DATE, The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Janes, Sample, Best, Diaz, Dumphy, Turner, and Zarsky voting, "Aye". FIRST READING AMENDING ORDINANCE ND. 13862, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST, 3, 1977, BY AMENDING SECTION I THEREOF SO AS TO HEREAFTER ESTABLISH THE FOLLOW- ING RATES FOR PARKING IN THE AIRPORT PARKING LOT AT THE CORPUS CHRISTI INTER- NATIONAL AIRPORT. The foregoing ordinance was read for the first time and passed to its Second reedinc by the following vale: Jones, Sample, Best, Diaz, Dumphy, Turner, and ZarSiy voting. "Aye'. r- A era l r— En.mx $ V irnn n p its€y,- FIRST .REMIND: AUTHORIZING ma DIRECTING THE CITY MANAGER TO ACCEPT ANO APPROVE AN EXTENSION OF THE ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRISTI BAHK L TRUST COMPANY, TRUSTEE, AND BRANIFF INTERNATIONAL AIRWAYS, 1NC., COVERING FUEL STORAGE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, FOR A PERIOD OF TWO YEARS, ALL AS MORE FULLY SET FORTH IN THE AMS1Glii.cNT AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND .`LADE A PART HEREOF, MARKED EXHIBIT"A". The foreeoing ordinance was read far the First time and passed to its second reading by the following vote: Jones, Sample, Best, Diaz, Bumpily, Turner, and Zarsky voting. "Aye". FIRST READING: AHEHDING ORDINANCE NO. 8217. AS AMENDED, BY AMENDING SECTION 510 ADMINISTRA- TION OF 711E COMPENSATION FLAN, SUBSECTION 551,1 STARTING RATE ON INITIAL EM- PLOYMENT, 50 AS TO PROVIDE FOR AUTHORITY TO HIRE AT ADVANCED S EPS, ALL AS MORE FULLY SET FORTH HEREINAFTER; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The foregoEng ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Diaz, Dunphy, Turner, and Zarsky voting, "Aye". FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO CONTRACT AND A LEASE WITH THE CORPUS CHRISTI AQUARIUM ASSOCIATION PROVIDING FOR THE CONSTRUCTION BY SAID ASSOCIATION OF AN AQUARIUM AND SEA LIFE PARK, ITS CONVEYANCE TO THE CITY, AND THE LEASE OF A 3.0 -ACRE SITE CONTAINING SAID AQUARIUM FACILITY ON THE PEOPLES STREET T -HEAD FOR A TWENTY-YEAR TERM, SUBJECT TO TERMINATION WITHOUT CAUSE AFTER FIVE YEARS OF THE LEASE TERM AND SAID ASSOCIATION 15 TO PROVIDE TO AQUARIUM PATRONS A CONPREHENSIVE EDUCATIONAL PROGRAM RELATING TO THE AQUARIUMYHEHE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT TO CON- TRACT, A SUBSTANTIAL COPY OF WHICH I5 ATTACHED HERETO A5 EXHIBIT "A" AND IN THE AQUARIUM LEASE GENERALLY CONTAINING PROVISIONS AND IN A FORM AS SET FORTH iN EXHIBIT "8", ATTACHED HERETO. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Diaz, Dunphy and Zarsky voting "Aye'. Sample, Best and Turner voting "Nay". ORDINANCE N0. 15624: AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR EASEMENTS ON STATE SUB- MERGED LARD ACROSS THE O50 BAY FOR THE CROSSING OF A 30 -€NCH WATER LINE AND AND ACROSS STATE TRACTS LOCATED IN LAGUNA MADRE NUMBERED 16, 17, 28, 39, FOR THEIICH R AS MORE FULLY HERETO ET AND FORTH 51 ANDMADE A1! PART HEREOF, MARKED EXHIBITS "A" AND "B", RESPECTIVELY; AND DECLARING AN EMERGENCY, The Charter Rule was suspended and the foregoing ordinance passed by the Following vote: Jones. Sample, Best, Diaz, Dumphy, Turner, and Zarsky voting, "Aye". Milnute Ressler F,ad L.Teta eg Juts. i97O a' re 22 OA'OhLYi.MI:E N$. 15625: CLOSING AND ABANDONING. A ONE -FOOT STRIP ALONG THE SOUTH SIDE OF THE EXIST- ING TEN -FOOT (UTILITY EASEMENT ON LOT 4-C, BLOCK 1, MARKS TRACT SUBDIVIS1oN, A MAF O3 WHICH( IS RECORDED IN VOLUME 42, PAGE 124, HAP RECORDS OF !NIECES COUNTY, TEXAS, S+SBJECT TC EXECUTION OF A HOLD -HARMLESS AGREEMENT RELIEVING THE CITY OF ANY RESPONSIBILITY FOR DAMAGES THAT MIGHT RESULT To THE COLUMNS EXIST?NG IN SAID EASEMENT BY REASON OF (MAINTENANCE TO THE EXISTING SANITARY SEWER LINE BY THE CITY OR ITS AGENTS OR EMPLOYEES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dunphy, Turner, and Zarsky voting, "Aye". OW A4iCE NO. 15526: APMERIlTl5r 24-,302-.76,ZO-SUBPLEMERT-PREVIOUS- APPROPRIATIONS 0E -$T3;316:12- - FOR A TOTAL OF $37,618.88 TO REIMBURSE THE GENERAL FUND, ACTIVITY 4122-603, FOR PARK IMPROVEMENTS COMPLETED AS PART OF THE 1977 BOND PROGRAM AS FOLLOWS: Ridgewood Party Project Na. 291-77-4.7, $8,721.65 for irrigation; Congress Park, Project No. 291-77-4-8, 57,756.74, for irrigation; and mobile Park, Project Mo. 291-77-4.9, $7,824.37, for irrigation; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dunphy, Turner, and Zarsky voting, "Aye". ORDINANCE NO. 15627: AUTHORIZING EXECUTION OF PARK DEFERMENT AGREEMENT WITH THE DEVELOPERS OF INDUSTRIAL TECHNOLOGY PARK WHEREBY THE REQUIREMENT THAT CERTAIN LAND BE DEDICATED FOR PARK PURPOSES 15 WAIVED SO LONG AS EACH LOT IN THE SUBDIVISION 1S UTILIZED FOR PURPOSES REQUIRING AN "1-2" OR "1-3" ZONING DISTRICT DESIG- NATION WITH THE STIPULATION THAT IF ANY LOT IN THE FUTURE 15 UTILIZED FOR OTHER THAN "I-2" DR "1-3" USES, THE OWNER PAY MONEY IN LIEU OF LAND DEDICA- TION PRIOR TO THE ISSUANCE of A BUILDING OR OCCUPANCY PERMIT FOR THE LOT, A SUBSTANTIAL COPY OF WHICH AGREEMENT I5 ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. e .. spendA15 ano t.e toregcing or finance passed by the following gate: Jones, Sample, Best, Diaz, Dumpily, Turner, and Zarsky voting, "Aye". ORDINANCE HO. 15628: AUTHORIZING THE CITY NANAGER TO EXECUTE A CONTRACT WITH CLAUDE CHAPMAN CONSTRUCTION COMPANY FOR CONSTRUCTION OF IMPROVEMENTS IN THE INDUSTRIAL. TECHNOLOGY PARK; APPROPRIATING 5620,000, OF WHICH 5522,939.05 FS OUT OF THE NO. 2211 STREET BOND FUND (PROJECT ND. 220-77-36), FOR STREET, DRAIN- AGE, AND WATER IMPROVEMENTS AND S97,050.95 IS OUT OF THE H0. 250 SANITARY SEWER BOND FUND (PROJECT NO. 250-77-29) FOR INSTALLATION OF SANITARY SEWER LINES, OF WHICH TOTAL APPROPRIATION, 5592,508.45 I5 FOR THE CONSTRUCTION CONTRACT AND $27.491.55 FOR ADDITIONAL ENGINEERING. LABORATORY TESTING, INCIDENTAL AND RELATED EXPENSES, ALL SUBJECT TO THE EXECUTION OF THE AGREE- MENT BETWEEN THE CITY AND CORPUS CHRISTI INDUSTRIAL PARE AND THE EXECUTION Or THE CONTRACT FOR PURCHASE OF THE 22.03 ACRES BY HARRIS CRACON CORPORATION; AND DECLARING AN EMERGENCY. R.F d;ilFl- a�.r iintes Jug€V 5. MIS 5 The Cheeta•r axe NWS suspended and the foregoing ordinance passed by the fo@lowine vote: Jones, Sample, Best, Diaz, Duwmphy, Turner, and Zarsky voting, "Aye" ORD/NANCE NO. 15629: APPROVING THE TRANSFER OF $,9.285.40 FROM THE NO. 141 WATER FUND, ACTIVITY 5197, CODE 437. FOR INSTALLATION OF HATER '.IVES IN THE INDUSTRIAL TECHNOLOGY PARIS. TO 178E NO. 220 STREET BOND FUND FOR WATER LIME CONSTRUCTION INCLUDED IN THE CONTRACT AWARD TO CLAUDE CHAPMAN CONSTRUCTION COMPANY APPLICABLE TO PROJECT NO. 220-77-36; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Janes, Sample, Best, Diaz, Dunphy, Turner, and Zarsky voting. "Aye". ORDINANCE Na. 15630: _-__- AUTHORIZING THE CITY MANAGER TO EXECUTE A CETA TITLE VI CONTRACT MODIFICA- TION TO INCORPORATE $130.000 IN ADDITIONAL FUNDING, THE CONTRACT AMOUNT BEING INCREASED FROM $915,629 TO $1.045.629, THE SAID CONTRACT PERIOD BEING FROM OCTOBER 1, 1979 THROUGH SEPTEMBER 30, 1980. ALL AS MORE FULLY SET FORTH IN THE CONTRACT MODIFICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS TO ENABLE THE PROGRAM TO CONTINUE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dunphy, Turner, and Zersky voting, 'Aye". RESOLUTION NO. 15631: RESOLUTION EXPRESSING THE SUPPORT OF THE CITY COUNCIL FOR THE DEL MAR JUNIOR COLLEGE DISTRICT BOARD) OF REGENTS TO INITIATE STEPS NECESSARY TO EXPAND THE BOUNDARIES OF THE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution passed by the following vote: Jones. Sample, Best, Diaz. Dunphy, Turner, and Zarsky voting, "Aye" ORDINANCE NO. 15632: .-, p'e11PRizT'N6-$-15,11O0-9UT- TPC NO. 291-PAA�AI NO-€UND-FOR-L-ECRL FECS 1H THE LITIGATION OF THE CORPUS CHRIST! BEACH PROJECT (JACK DAVIS V. SCHOOL LAND BOARD), APPLICABLE TO PROJECT N0. 291-77-2, CORPUS CHRISTI BEACH; AND DECLARING AP EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote_ Jones. Sample, Best, Diaz, Dunphy. Turner, and Zersky voting. "Aye"- * * * * * * * * * it A * * * * * * A * A Mayor Jones called for petitions or informatlon From the audience an matters not scheduled on the anenda. Hr. Mike Zepeda, local repre.•.ntative of the AFSCNE, presented copies of information to the Council pertaining to the portion of the City Charter that it ioutel Regviar $vunc'ni 4aelti,44 ley 5, 1350 Page 24 prabibits city eealrm,ets €retia participating in politica/ activities of any kind. Mr. Zepeda indicated his disagreement with the City staff's interpretation of this section cf the Charter and stated that he felt that the City employee who was recently named a delegate to the Democratic National Convention should be allowed to attend, since the matter did not concern a municipal political issue. Mayor .Panes disagreed with Mr. Zepcda and explained that wen he was serving in the military, he was under the restrictions of the !latch Act which prohibited him from participating in any type of politica/ activities. Mayor ,!ones stated that he agreed with that prohibition, noting that the Match Act is a Federal lase, and the Clty Charter compiles; thereiglst, rAe.rm is a xeaaen-g-ew. this prohibition for City employee=_. There being ao further business to come before the Council, on motion by Sample, seconded by Diaz and passed unanimously, the Regular Council Meeting was adjourned at 5.55 p.m.. July 9. 1980.