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HomeMy WebLinkAboutMinutes City Council - 08/13/1980MINUTES CATs CiF CARPUS CHRISTI. TEXAS ettuLAR COURC1t MESTitlu AUGUST 13, 1900 PRESENT Mayor Luther Jones t Mayor Pro Tee Edward L. Swale Council Members: Dr. Jack Best David Diaz - Jack K. Bump ,y Betty N_ Turner Cliff 2arsfcy City Manager R. Marvin Townsend Assistant City Attorney Bob Coffin City Secretary Bill G. Read Mayor Luther Sones called the meeting to order in the Council Chamber of City nal'. _ The invocation was given by the Reverend Marren Spanutius of the All Sai::ts Episcopal Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Jack Best. City Secretary Bill C. Read called the roll of required tharter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. a**.... * rre.. - mayor Jones called For the City Manager's Reports. City Manager Townsend presented the following item; with related comments and explanation and recommended that: a. A hearing be held at 2:O0 pan. on Wednesday, September 3, 1980 on the requests of the foiloiing firms that the outside city limit water policy ordinance be amended to allow their continued use of water without exec- ution of a water contract and agreement to annex in the future, or chat the ordinance be so interpreted as to include their properties In the hwtvy port -related industry exemption. 1_ J. I. Malley, Inc. and Terminal Transportation, Inc. - 23.5 acres between Southern Minerals Road end Up River Road. 2. Frank Bailey Grain Company, inc. 1469 Corn Products Road. 3. Berry Contracting. Inc. for a 54 acre vacant tract at Carbon Black Road and McKinzie Lane (Hearns Ferry Road). 6. Bids be received at 1l:1113 a.m., Tuesday, September 2, 1986 for ten standard sire and ten sub -compact sedans. This small quantity off - the -lot purchase is to replace vehicles involved in major accidents or in need of substantial overhauls. The ten standard size vehicles are for the Police Department. The remaining vehicles in the 1900 -BI Budget will be purchased at a later date. t F thecitis Itsgaler Coancii netters int 13. 1980 Pale 2 Mayne Pro Ten Ed`xerd L. Sample arrived at the meeting et 2:07 p.m. c. A replacement hot water presser- cleaner for the frensit System be pur- chased from fteces Hardware S Supply Company. Corpus Christi on the basis of :rna bid of $4,846.05. Five bid invitations were issued and two bids received. This item Is incleeee le a Urban 'Sass Transportatian Capital grant anti aril{ be paid for by an Esderai, 1$a State, and 7% City funds. d. One van, a static,, wagon and four sedans continue to be leased on a month-toegentle basis from Thrifty Rent -a -Car in Corpus Christi for participant transportation in the Employment Opportunities Pilot Pro - gran. The approximate monthly rental with a 2,000 mile per month average is $4,000. These funds at available in the program budget. No local funds are involved. Thrifty Rent -a -Car was the lowest.of fau>-•bids rece f1ar a month-to-month lease. The vehicles will be leased month- to-month until the Department of Labor authorizes purchase of vehicles. e. Raalitos Energy Corporation be granted a permit to drill a 9.000 foot deep well from a regular location five miles southwest of Port Aransas and one mile west of Mustang Island in Corpus Christi Bay. No exceptions to the Bay Drilling Ordinance are requested for the State Tract 384 Weil No. 1. Realitos is a new operator in the City and has met all the require- ments of the Bay Drilling Ordinance. f. Piens and specifications for drainage improvements in Annaville Road and Leonard Drive be approved and bids be received September 3, 1980. This project is a 1977 Bond project and provides for installation of 15" through 33" diameter storm sewers in Annaville Road and Leonard Drive to drain the Flat roadside ditches in the area. An amendment to the engineering contract with McCaughan, Etheridge s Webb be appraved for expanded services at the Westside Wastewater Treatment Plant. Change Order Ho. 4 for $147,850 was previously approved by the City Council for the fabrication and installation of a new steel dome cover and installation of gas mixing equipment on e primary digester. A grant amendment has been issued by the Envlronnentel Protection Agency for 75% of the cost of this change order- The amendment to the engineering contract provides for design, construction supervision, resident inspection and inclusion of the dome cover work in the Operating and Maintenance Manual. The total engleiicring fee for this extra work is $12,!50, of which the Envir- onmental Protection Agency Ail pay 75 percent and the City 25 percent. h. Condemnation proceedings be authorize for the acquisition of the remaining parcels far the South Padre island Drive to Belly Ditch phase of the Gabriel Terrace Drainage Outfall: (1} Parcels 16 and 17 from Mrs. Patricia Ness - et al (5.299 acres) (2) Parcels 18-A, 18-B and 2! from Peterson Properties, Inc, (10.453 acres) Negotiations at approved values have been unsuccessful. This is one of two drainage rights-of-way approved in the 1972 bond election to serve the area generally bounded by Highway 44, Navigation Boulevard and Old Browns- ville Road. A portion of the ditch will be dug under a contract let by the Department of Highways and Public Transportation to extend Padre Island Drive Expressway from the Crosstown interchange to near Bush Avenue. i. A limit of one truck load be established for brush collection service, and a $20 per load charge be made for each additional load after the first load. 4• :ti mgrs Regww- i;owe l MitetZeg August 1,, 1550 Pagej O:J .. V6T Mayor ,Fans seeeested that item "r" be withdrawn at this time waif ricer the brush cleaner Ras beery accomplished following Hurriceee City tfana:ger Townseed agreed the.. it could be withdrawn until next week at which time the City will know whether or not tele Corps of Engineers will assist in brush pickup- layer Jonas called for cements on the City Manager's Reports and there was no response_ 1btione by Sample that the City Manager's Reports, item "a" through "h", item +t' "i" having been withdrawn, be approved; seconded by Best; end passed unanimously. * ;sem * * r * * * !layer Janes then administered the Oath of Office to Mr. Bab Kipp newly appointed member to the Landmark Cemmissioo, e e x e e s** a Mayor Jones then called for consideration of the following tabled zoning matter: Weber Road Baptist Church from "H -IBC' to 'AB" on Lots 9 and IJ, Brock 5, Sherwood Park Subdivision located between Weber Road and Chester Drive approximately 140 feet north of Redwood Street. This application was tabled twice - first to notify the surrounding property owners of the proposed use and second to allow the applicant and surrounding owners to consult do acceptable uses for the property. City Manager Townsend briefed the Council an this matter and informed them that a meetlnc was conducted in the hallway fo€lowing the first public hearing between the residents in the neinhbori'iood and the church representatives. Ne stated that the Weber Road Baptiser Church does not have a possibility of another sale at this time. Mayor Jon's called for comments from the audience on this zoning matter. Mr. Frank B. Lauer, 3945 Harris Drive, addressed the Council and Informed them that the Reverend Tom Wilson, Minieter of the Weber Road Baptist Church, had decided not to sell the property to Physicians and Surgeons Hospital. Hr. Lauer stated that the attorney for the Church had indicated that they would attempt to sell the property for professional office use. City Manager Townsend stated that the appropriate action would be to table the matter for a long term with the understanding that the property owners in the area would be notified again when the Church has a purchaser for the property for "AEC" zoning use and when an appropriate site plan has been prepared. ith See page 4 for subsequent action on Item "i". Minotee Regular Ceuecii Meeeree August 13. tsgia Part & Aoe ebtion av Turner that the zoning application of ifeber Road 8antist Church be tabled for six oaetees urati' aa appropriate site plan has been submitted and further contact bas been made elth the neighbors; seconded by Rest; and passed unenimusly. * f e .. a a e= a e Mayor lanes called for the ordinances. City Manager ?ownsend briefly explained the ordinances ue the agenda and pointed out that the first ordinance was an a three reading basis and pertained to the establishment of a charge for brush collection in excess of one toad. After a short discussion, a oration was made by Council Member Dumpily that City Manager`s Reports, item "i" be accepted. The motion was seconded by Council Member Dae and passed unanimously. Council Member Zareky expressed opposition to the ordinance requiring partici- Patian by developers in the met of installation ef.street lights noting that this fee would go to Central Power and tight. City Manager Townsend pointed out that if the developer does not pay this fee, then the City would have to pay it. Council Member Zarsky again voiced his objection to this ordinance. Also expressing opposition to the ordinance was Mr. Edgar H. Moore, who explained that this ordinance was initiated when the builders were informed that 50% of completion of a subdivision must be completed before Fights wore installed. Hr. Moore stated that they had requested this ordinance,but at that time, they were under the impression that the charge would only be $20 rather than $i7O. For this reason, Mr. Moore said he was now opposed to the ordinance because of the large cost involved. City Manager Townsend explained that the Public Utilities Commission had ordered that the cost of the installation of street lighting must be paid and stated that he had received a letter from tar. Moore one year ago agreeing to the charges. City Manager Townsend presented for the Council's consideration Motions to Amend the two ordinances pertaining to street closures and easement abandonments. He explained that the Motions to Amend the ordinances prior to their third reading would require that the applicant file the request for such closures with the Department of Engineering and Physical Development. He explained that this procedure had been a burden an the City Secretary's Office because they do not have plats and pians that are required for coordination. =R. See Page ll for subsequent action on this zoning application. Minutes Regular Council Meeting august 13, 1900 Facie 5 r� 1 City Secretary Read indlcased tsar he had rx objection to .he c am:et•. Motioo by Diaz that ardcnances 'a" and "p"tn �� ac ���. • Y - irrl read3ng as *neinined above; seconded by Turner; and passed ur=an€muusly. Mayor Jones celiac! neer aperients From the audience on the ordinances acrd there was no resperye City Secretary Read polled the Council for their votes and the foilorie:g ordinances were passed. FIRST READING: A11FNO1IlG THE CORPUS CHRISTI CITY COLE, 1976 REVISION, AS AMENDED, BY AMENDING SECTITH 21-7. TREE LIMBS, GRASS CLIPPINGS, ETC., S@ AS T6 ESTABLISH A BRUSH COLLECTION SERVICE CHARGE OF 920 PER LOAD FOR EACH LOAD IN EXCESS OF ONE LOAD; PROVIDING FOR SEVERABILITY_ Tree fegcing ordinance was read for the first time and passed to its second reading by the folloriing vote: Jones= Sample, Best, O€az, Dumpily, Turner and Zarsky voting "Aye". SECOND READING; FINDING THAT THE BAYFEST '80 ON SEPTEMBER 26 THROUGH SEPTEMBER 28, 1980 IS IN THE INTEREST OF THE PUBLIC 'WELFARE; CLOSING THE 1200 THROUGH 1600 BLOCKS OF N0. SHORELINE BOULEVARD TO VEHICULAR TRAFFIC FROM 8:00 AH FRIDAY, SEPTEMBER 19, 1980 THROUGH 12:00 NOON NEDNESDAY, OCTOBER s, 1980; GRANTING THE EXCLUSIVE USE OF FOUR MUNICIPAL PARKING LOTS AND THE BARGE DOCK TO THE BAYFEST '80 SPONSORS FROM 6:00 PM FRIDAY, SEPTEMBER 26. 1980 THROUGH 12.00 MIDNIGHT SUNDAY, SEPTEMBER 28, 1980; AND ALLOWING THE USE OF THE STREET. SIDEWALKS, MEDIANS, SEAWALL, MARINA, BARGE DOCK AOD FOUR MUNICIPAL LUIS. MORE FULLY DESCRIED 111 EXHIBIT "A" ATTACHED HERETO, FOR SAID BAYFEST CO-SPONSORED RY THE JUNIOR LEAGUE OF CORPUS CHRISTI, TEXAS AND THE CORPUS CHRISTI ARTS COUNCIL; PROVtDlNG FOR BARRICADING AND EMERGENCY VEHICLE ENTRANCE; PROVIDING FOR LIABILITY INSURANCE, RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF THE ENGINEERING AND PHYSICAL Oc2ELOPMENT DIRECTOR AND THE INSPECTIONS AND OPERATIONS DIRECTOR FOR CERTAIN CHANGES. REQUIRED PERMITS FOR BEER ANO FOOD, COMPLIANCE WITH CITY CODES AND FP,OHIBITING CERTAIII PAVEMENT MARKINGS AND REQUIRING THE SPONSORS TO RESTORE THE AREA FOR USE FOR VE1IICULAR TRAFFIC; REQUIRING THE SPONSORS OF BAYFEST '80 TO REMIT 2% OF GROSS RECEIPTS DERIVED FROM THE FESTIVAL TO THE CITY OF CORNS CHRISTI; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION PERMIT; PROVIDING AN EFFECTIVE DATE FOR PUBLICATION; AND PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the second time and passed to its third and final reading by the follore:ng vote_ Jones, Sample, Best, Diaz, Dumpily, Turner and Zarsky voting "Aye". SECOND READING: AMENDING THE PLATTING ORDINANCE, ADOPTED BY ORDINANCE NO. 4168, AS AMENDED, BY AMENDING SECTION V - REQUIRED IMPROVEMENTS, SUBSECTION D. HIN1IIUM STANDARDS, BY ADDING A HEW PARAGRAPH, TO BE NUMBERED 11, TO PROTIDE FOR PARTICIPATION BY DEVELOPERS IN THE COST OF STREET LIGHTS 14 NEW SUBDIVISIONS OF 5170 PER LIGHT, A5 00115 FULLY SET FORTH HEREINAFTER; PROVIDING FOR SEVERANCE. The foregioag ordinance was read fnr the second tier and passed to its third and r€vat reading by the following vote: Jones, Sample, Best, Diaz. Dumphy, Turner and Zarsk!: voting 'Aye"_ Reowlar Enen•:.SI, 01Pnclimg Augtmt 13. 19 ,50 Page 6. 1/i .AAnftk,1,*Viarv AMtIViero s`BSRD BERME. - ORa'B ANE NF`s. 15684: AUTHORIZING EXECUTION CF A SURFACE LEASE FORA 2.07 -ACR r DRILL SITE ill LOT 13, SECTION Biz. FLOUR MIFF AND ENC!IfAL rAltll END GARDEN TRACTS, WITH EXXON CO11PORAT1[N AND SON OIL COMPANY AS LESSEE AND THE CITY OF CORPUS CHRISTI AS LESSOR, FOR A TERN OF UP TO SIXTY YEARS, IN CONSIDERATION OF A CASH RENTAL PAYMENT OF $$50 FOR THE FIRST YEAR AND A. LIKE MOUNT PLUS AN ANNUAL INCREASE OF EIGHT PERCENT FOR THE REMAINDER OF THE LEASE TERN, ALL AS MORE FULLY SET FORTH IN /NE SURFACE LEASE FOR DIRECTIONAL DRILL WIT. A SuBSTAHTt L COPi OF wHICH IS ATTACHED HERETO AND MADE A PART HEREOF, trARKED EXHIBIT "1". The Foregoing r.rdiace was read for the third tine and passed finally by the fallowing vote: Jones. Sample. Best. Diaz, 0umphy, Turner and Zarsky voting "Aye". THIRD READING - OROINANCE H0. 1568]; AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, 9Y A.11ENOIN,i SECTION 35-285, TOE LAST SENTENCE THEREOF, AND SECTION 35-290, THE SECOND SENTENCE THEREOF, TO PEROiUT ADDITIONAL WELL SURFACE STRUCTURES TO BE LOCATED EITHER TWO HUNDRED FIFTY (250) FEET OR TEN (10) FEET FROM THE NEAREST EXISTING WELL SURFACE STRUCTURE, EXCEPT THAT THE DISTANCE FROM CENTER TO CORNER WELLS IN A CLUSTER AREA (FUST 91 THREE H6NDREFLEIFTY-Ffllia i 5tipcc ----- . ______________ The foregoing Ordinance was read for the third time and passed finally by the following vote: Jones, Sample, Best, Diaz, Dunphy, Turner and Zarsky voting "Aye". THIRD READING - ORDINANCE NO. 15688: AMENDING THE CODE OF ORDINANCES, CITY OF' CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 35-114. LAND WELL ANNUAL INSPECTION FEE, AND BY AMENDING SECTION 35-431, BAY WELL ANNUAL INSPECTION FEE, TO REPLACE THE CURRENT FEE OF 525 PER WELL WITH THE AMOUNT OF S50 PER WELL. The ftregtinq ordinance was read for the third time and passed finally by the following vote: Jones. Satvp e, Best. Diaz, Dunphy, Turner and Zarsky voting "Aye" THiRO READING - ^u1NANCE N0. FAR9: LNCREA,ING THE FUEL FLOWAGE FATE FOR FIXED BASE afrRATORS AT CORPUS CHRISTI INTERNA- TIONAL AIRPORT FROM FOUR AND THREE-FOURTHS CENTS (X4.0475) TO SIX CENTS (50.06) PER GALLON OF GASOLINE AND/OR OTHER PROPELLANTS AND FUELS, ALL AS PROVIDED FOR IN THE FIXED BASE OPERATOR LEASE AGREEMENTS. Ti.+- fa,r,:gninq ., rdinTnr_e. was read For the third time and passed Finally by the following vat.: .Ian•••.• Sample. Best Dia:, Owiphy,_Turner and Zarsky voting "Aye" THIRD READING - ORDINANCE NO. 15690: AMENDING THE CODE OF ORDINANCES. CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 2-10G LIBRARY -FEES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read For the third time and passed finally by the following vete: Jonas, Sample, Best, Diaz, Dunphy, Turner and Zarsky voting "Aye". THIRD READ•eNG - ORDINANCE NO. 15691: FINDING THAT THE COST OF PROVIDING INTRA -CITY CHARTER BUS SERVICE HAS SUBSTANTIALLY INCREASED; ESTABLISHING NEW RATES FOR INTRA -CITY CHARTER BUS SERVICE, AMENDING SECTION 1 OF ORDINANCE 13524; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; FADVIDlNs AH EFFECTIVE DATE. The FOrecc•igg ordinance was read for the third time and gassed finally by the Following Jne,, Sample. Bast. Dia;. Dumpily, Turner and Zarsky voting "Aye". ?4'ii?? '0pf rkr�.lT`r b i AIIha4ax %gap.: Ern R:C.€T Me*naenx Augast 13. l9311 Page 7 T4IMfr ceArtNC - _. Ij692; FiftoRnt £ .' r W_,r O: PROVIDING CITY'S 9YT07.r7--•7 _ s4rvtCE t`:.S sua- STAY:t:-tai =CIC?.EASE€°- ESTA.9,€SIEING NEW FATES EOE' BUS CHARTER SERVICE CfiMPARF.BLE WITH FUEL SURCHARGE TA,e1EFS ESS LASHED BY THE RAILROAD.CORHISSIO1f: AMENOINII SECTION 2, ITEM (C/- Or ORDINANCE NO. 9864, ,S AMENDED BV ORDINANCE NOE. 10853, 1179$, 12566. 13162. 13725, AND €4475, TO BE COMPARABLE WITH SAID TEXAS RAILROAD COMMISSION :UES SURCHARGE TARIFF; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE BATE, Theforegoing ordinance was read For the third time and passed finally by the fclto;•:i;:g •.pts= Anws. Sample, Best. Diaz, Bumph', Turner and Zarsky voting "Ave". THIRD READING - ORDINANCE N0. ;5693: AMENDING SECTION 36-6 OF THE CORPUS CHRISTI CITY CODE, 1976, AS AMENDED, SO AS TO ESTABLISH NEW ATHLETIC LEAGUE TEAM FEES AND A FEE FOR THE USE OF SOFTBALL FIELDS FOR SOFTBALL PRACTICE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The Foregoing ordinance was read for the third time and passed finally by the Following vote: JczneS, Sample, E ez, Diaz, Oumphy, Turner and Zarsky voting "Aye". THIRD READING - ORDINANCE NO. /5654: AHENOING SECTION 36-5 OF THE CORPUS CHRISTICITYCODE, 1976, AS AMENDED, SC AS TO ESTABLISH A NEW TENNIS COURTS RATES SCHEDULE FOR USE OF THE TENNIS COURTS AT THE H. E. BUTT TENNIS CENTER AND SOUTH BLUFF PARK; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was rend for the third time and passed finally by the following vote: .!ones, Sample, Gest, Diear., Demphy, Turner and Zarsky Voting "Aye". THIRD READING - ORDINANCE NO. 15655; AMENDING SECTION 36-7 OF THE CORPUS CHRISTI CITY CODE, 1976, AS AMENDED, SO AS TO ESTABLISH NEW SWIMMING FEES AND A FULL SEASON SW11I PASS PROGRAM; PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION. The foregoing ordinance waq read for the third time and passed finally by the Following Josie^+. S:unp€e, Best. Diaz, Dumphy, Turner and Zarsky voting "Aye". €HIRD RFAOING - ORDINANCE ND. 15696: } ESTABLISHING SECTION 36-9 TITLED 'SUMER ftECREATIOY PROGRAM REGISTRATION FEES" IN THE CORPUS CHRISTI CITY CODE, 1976 REVISION, AS AMENDEO; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the follnwing vote: Janes. Sample, Best, Diaz, Demphy, Turner and Zarsky voting "Aye". THIRD READING - ORDINANCE NO. 15697: AMENDING SECTION 44-i2, PETITION TO COUNCIL TO ESTABLISH DR CLOSE STREETS ETC. OF TME CORPUS CHRISTI CITY CODE, 1976 REVISION, SO AS TO PROVIDE FOR FILING REQUEST FOR SAID ESTABLISHING OR CLOSING OF STREETS WITH THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT AND TO INCREASE THE APPLICATION FEE FOR SUCH ESTABLISHING OR CLOSING OF STREETS FROM 5100 TO 5200; REPEALING ALI ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third ti:ri and passed Finally by the fg1lpzi rig vure: Jones. SanT+1e. Best. Diar, Oumphy, Turner and Zarsky voting "AVe: Mireyters Rxgttilar Canna/ Heettn9 P- b age x 13. 1930 o P.a READIING - ORDPIAMti NO. 19698: AMENDING THE CCCE fIE antamCES, CITY OF CORPUS CHRISTI. 1978 R_','IS:,:r:., AS AMENDED, BY ADDING A SECT/Ori TO PROVIDE FAR PAYMENT OF $lOsi.ou FEE FOR PROCESSING OF REQUEST FOR CLOSING OR ABANDONMENT OF AN ZASEMENT. SAID SECTION TO BE NUMBERED =13-13, AND ENTITLED "REQUEST FOR CLOSING OR ABANDONMENT OF EASEMENT"; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the third time and passed finally by the Following vote: Jones; Sam0e, Hest, Diaz, Duvrphy, Turner and Zarsky voting "Ayer' THIRD BEADING - ORDINANCE NO. 15699: AMENDING SECTIONS 21-18, 2i-19, AND 2i-20, OF THE CORPUS CHRISTI CITY CODE, 1976, BY AMENDING THE CHARGES FOR SERVICE FOR GARBAGE COLLECTION TO PROVIDE FOR AN PROVIDING A SEVERANCE CLAUSE. INCREASE EFFECTIVE WITH THE BILLINGS OF CYCLE ONE FOR THE MONTH OF SEPTEMBER, 1980: The foregoing ordinance was read for the third time and passed finally by the following vote- donee, Sample, Best, Diaz, Uuphy, Turner and 2arsky voting "Aye". THIRD READING7_ORDINANrr,,,-g1Lrc _�- MAKING FINDINGS OF FACT; 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 55-143, SUBSECTION (B), SO AS TO PROVIDE FOR AR INCREASE IN THE ABNORMAL SEWAGE SURCHARGE; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION, The foregoing Ordinance was read for the third time and passed finally by the following vote: Jones, Sample, Best. Diaz, Dumphy, Turner and Zarsky voting "Aye" THIRD READING - ORDINANCE NO. 15701: AMENDING THE GIDE OF ORDINANCE, CITY OF CORPUS CHRISTI,r UTILITIES, ARTICLE EV, GAS RATES AND CHARGES, SECTION 55 61 ASCLASSIFIICATIONE ti,COFFPCUSTO55 HERS AND SCHEDULES OF RATES, NS SETFORTH dt' ! ORH NANCE N0. 15043, AS AMENDED, EHAMr. THE SCHEDULE OF GAS RATES FOR ALL ..USTOMERS OF THE CITY-OVNED DO AS BTO U SYSTEM BY PROVIDING A NEW SCHEDULE OF RATES FOR A RS; PROVIDING GAS OISTREBUFIOH FFFfCTIVE OATS; 1'k'3VIUING A SEVERANCE CLAUSE; EL OVS CUSTFORRS; LIAAN AND PROVIDING FOR PUBLlCATiON. The Enreg+>inti ordinance was read for the third time and passed finally by the following vnnr: Jnnes, Samp1c Rest, Diaz, Dumphy. Turner and Zarsky voting "Aye". ORDINANCE NO. i$7D2: AUTHORIZING THE PURCHASE OF A HOT WATER PRESSURE CLEANER FROM NUECES HARDWARE ANO SUPPLY COMPANY, AS PROVIDED !N THE 1978 UNTA CAPITAL GRANT PROJECT NO. TX -05-0036 FOR 54,895; APPROPRIATING OUT OF THE N0. 218 TRANSIT BOND FUNIS FOR PROJECT NO. 218-72-4, TRANSIT SYSTEM CAPITAL iNPROVEHENTS (1978), AN AMOUNT OF 54.835 FOR THE SAID PURCHASE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote_ Junes, Sample, Best, Diaz, Dunphy, Turner and Zarsky voting "Aye". 0 Regular outicdl• MetT eig kluge:nit E3, 15100 Page 9 ORDINANCE NO. 35//37 AUTHORI'ZINS 'r;£ csry tt',xNA+_'.E_P y0 EXECUTE AN N.0e. ,,- - .y: s'r - w?rH H 4 ETHERIDG'E c UEBF., CONSULTING ENGINEERS. FC1R AbBI itNl,xcENGINEERINGSERVICES TO BE PROVIDED iN CONNECTION WITH T:E FASAICrTF01t ANO INSTALLATION OF AST€E1 OCHE CG^Ea ANO IMTERi€eid GAS MINING EQUIPMENT FOR .: PRIMARY DIGESTER AT THE WESTs1DE WASTEWATER TREATMENT PLANT (EPA p40,€_CT NO. C-46-1217-03), THE EXECUTION OF WHICH IS SUBJECT T6 APPROVAL BY THE ENfIR.T1WNTFL PROTECTION AGENCY AND THE TEXAS DEPARTOENT OF WATER RESOURCES; APPPCPAIATING $12.150 OUT OF THE HO. 250 SANITARY SEWER BOND FUND, OF WllMCO 53,037.5; IS THE CITY'S LOCAL SHARE AND 55,112.50 15 THE FEDERAL SHARE, APPLICABLE TO PROJECT NO. 250-77-18. +JESTS1DE PLANT IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Buie eau. suspended and the foregoing ordinance passed by the following vote: Sones. Sample, Best, Iilaz, Dumpily,. Turner and Zarsky voting "Aye". ORDINANCE NO. 15704: AUTHORIZING EMINENT OINIAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN TRACTS OF LAND LOCATED IN N.OECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING ANY OTHER PARTIES WHO MAY HAVE INTEREST OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE _ ACQUISITION OF CERTAIN PARCELS OR TFueCTS OF LAW -FOR THE GABRIEL TERRACE DRAINAGE OUTFALL PROJECT; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNERS, PATRICIA RAY PETERSON NOS5, ET AL, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule rias suspended and the foregoing ordinance passed by the following vote: Jones. Sample. Best, Diaz, Dumpily, Turner and Zarsky voting "Aye". ORDINANCE N0. 15705; AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY TOE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TD CERTAIN TRACTS OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING ANY OTHER PARTIES WHO MAY HAVE INTEREST OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF CERTAIN PARCELS OR TRACTS OF LAND FOR THE GABRIEL TERRACE DRAINAGE OUTFALL PROJECT; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNERS, PETERSON PROPERTIES, INC., T3 CARRY OUT THE INTENTIONS OF THIS ORDIIIACE; AND DECLARING AN EMERGENCY. TheCharter Rule was suspended and the foregoing ordinance passed by the following vote: Jones. Sample, Best, Diaz, Dunphy. Turner and Zarsky voting -Aye". ORDINANCE N0. 15706: EXPRESSING APPREICATIUN OF THE CITY COUNCIL iN BEHALF OF THE CITIZENS OF CORPUS CHRIST! -T0 THE CITIES ANO COMMUNITIES OF TEXAS FOR THE COOPERATION, ASSISTANCE AND HOSPITALITY EXTENDED TO THE HURRICANE ALLEN REFUGEES DURING THE RECENT EMERGENCY; AND DECLARING AN EMERGENCY. Th,. Charter {Me was an.pended and the foregoing ordinance passed by the fallowing -n •I,•: Jnn,•'., iampkc, Best. Diaz, Dumohy, Turner and Zarsky voting "Aye". ,645V1 M nr rx ii Ro le,l:nr Enrili,; Ili Aulmsl 831. I/10 Fnxyr f 7 Mayor ,Pones tailed for petitions from the audience. No one responded. x t s * ::* Mayor .cones suggested that the Resolution previously passed expressing the City Council's appreciation to specific Cities be changed to make it more general so that copies could be trailed to other Cities, in addition to the ones mentioned in the Resolution. _,_..,._. - ---.in a furtherfhference to Hurricane Allen, City Manager Tohnsend explained to the Council that it ie customary for the City to open burning grounds for the destruction of the excessive brush that exists in the City. Mr. Bill 'Jennings, Director of inspections and Operations,•infonned the Council that following Hurricane Lelia burning of brush was allowed in two locations and his Department has suggested that burning at this time be allowed in Bill Hitt Park for this operation if it is conducted in a safe manner. He assured the Council that such an operation has been cleared with the Texas Air Control Hoard. City Manager Townsend inforrced the Council that the Staff is attempting to find additional sites sphere burning could he allowed. It was the consensus of the Council that such burning be allowed at approved locations. City Manager Townsend presented to the Council a copy of a report of the Disaster Strr wary Outline which listed the total anticipated costs of public property damaged and debris clearance and included the direct cost of personnel involved in the cleanup operations. Mr. Townsend explained that this report was compiled fora meeting with FEHA Officials. City Manager Townsend then explained the procedure for assistance through this agency and stated that request for federal aid must go through the Governor's Office. y* c .. e t* t e t Tail- VON �f, *notes, Begelar Cousseil €Meting ta.r.sust @$ t9Li l+a�_ it rrtg' Cr Junes rhea recognized Mr. Wayne Johnsen wino had just arrived e', the Council rzaanber. lir. ,Johnson addressed the Council in regard to the damage inflicted or Corpus Christi Beach by Hurricane Alien e J stated that he bad been in the process of cleaning up his property there_ Kr. Johnson further stated that he had discussed with twenty or thirty property timers the curfew that is in effect and informed the Council that mast of the property owners would like for the curfew to be extended for a feh'nore days to allow further cleanup of the area. City Manager Teanserui explained that the City had not intended to continue the curfew past that evening. He informed the Council that fifteen hundred passes had been issued to property owners and it is difficult to determine whether people really have business on the beech or not. Re noted that the pass system might become more of a nuisance than help. Mayor Jones expressed the opinion that the City should extend the pass system one more day. ter. Johnson agreed with that statement noting that most of the property owners would like far the curfew and the pass system to be umt€nued a tittle longer. Motion by Turner that due to the severity of the situation on Corpus Christ( Beach that the pass system be extended through Sunday of this week. City Manager Townsend suggested that the pass system be extended for one addi- tional day and the pass system for a longer period of time be left to the descretion of the Staff, Council Member Turner then withdrew her motion. lotion by Diaz that the pass system for Corpus Christi Beach be extended for a period of time not to exceed Friday night; seconded by Rest; and passed unanimously. City tlaneger Townsend noted the arrival of the Reverend Tom Wilson of Weber ,toad Baptist Church and explained to him that the Council had tabled the matter for six months. Reverend Wilson addressed the Council and requested that the "A9" zoning request be granted et this time. He indicated that he would like to have either a "yes" or "no" vote en the matter so that he will know how to proceed to dispose of the property. Notion by Turner that the zoning application of the Weber Road Baptist Church be reconsidered, seconded by Diaz, and passed unanimously. Motion by Turner that the zoning of "AB" on the Weber Road Baptist Church eimate3 filar Covociil Meer,n &vet 13, 190 rage l2 ,418 application be denied, seconded by ,Diaz, and passed unanimously. Mayor Jones armeounsed tate scheduled pu'aiic hearings on two zoning applications. City Manager Tov msend announced the public peering on Appilcation No. 780-3. Robert Driscoll, Jolie Driscoll and Robert Driscoll, Jr. Foundation, for a change of zoning from "R-18" One -family Dwelling District to "1-2" Light Industrial District on a 15.48{ acre tract of land out of Block 10, J. C. Russell Farm Blocks located on the cast side of llavication Boulevard, 1100 feet north of Green Tree Drive (Village on the Green).. City Manager Townsend informed the Council chat both..the Planning and the Planning Staff recommend approval and that in response to the notices of the public hearing, two in favor and one in opposition had been returned. Chief Planner Larry Wenger Mated the area an the zoning and lend use map. described the lend use In the surrounding area. stating that most of the property is vacant, and showed slides of the area. Mr. Wenger stated that the owner has requested this change of zoning to provide for a redistribution center for electrical equipment and supplies. Mayor jamas invited the applicant to speak at this time. Mr_ Murray Bass of Munroe Bass, Incorporated, representing the applicant, urged approval of the zoning application. lie pointed out that they anticipated a warehouse type of operation which is similar to the use of the property to the north of this tract. no one spoke in Apposition to this application. Motion by Diaz that the hearing be closed, seconded by Best, and passed unanimously. 1'iation by Diaz that the Council concur with the recommendation of the Planning Commission and approve the requested zoning of "I-2" for Application No. 780-3; seconded by Turner; and passed unanimously. **ia*eaao,s City Manager Townsend announced the public hearing on Application No. 784-8, Padre Staples Mall, for a change of zoning from "R -IB" One -family Dwelling District to "E-$" General Business District an Lots 12 thrL. 22, Block IO, all of Block 11 and the north half of Mount Vernon Drive adjacent to Lot 11, Block Il, Mount Vernon Subdivision /3 located between 1lArdle Road and Mount Vernon Drive. 11 hi Regular iAlunes`F Mleatlraa t589, Page t3 te City Manager lownseno ncted that the ?l,nmlog Commission reee:wends auprovel and the Planning Staff aisas recommends approval on the basis that ehe Mail rimers have elree.e, perznased those homes along Janet Drive for expansion. He also pointed cut that the Staff further recd mended that Janet and and the Stub of Mount Vernon be closed. Chief Pioneer Wenger located the area on the zoning and land use map, described the land use in the surrounding area, shored slides of the area, and informed the Council that the applicant desires to expand Padre Staples Hall. Spewing on behalf of the applicant was lir. Joseph Haas who stated tnat a request has already been presented to the City for approval of a replat of the area and a request for c3o5THg Janet Street s mean submitted to t11e City Secretary s O,fice. Hr. Hans stated that the applicants were aware that the property could not be.used until all of the other things have been approved. Mr. Hans, who is the architect on the project. displayed sketches of the proposed new iiiliards Building that w:ti be constructed on this tract of land. He explained that the new Dillards will be two stories and con- tain 713,000 square feet as compared to the existing 124.000 square foot building, and they plan to coe7nence construction on this Store by November of 1980. lir. Hans assured the Council that no access will ha available from Mt. Vernon to this existing property. Council Member 2arsky inquired about additional parking to serve the enlarged mall and Mr. Hens replied that there is already ample parking for an additional 150,000 square feet of building space. City Manager Townsend expressed the opinion that the zoning should be granted conditionally upon the closing of the street and the approval of the replat of the property. Mr. Roy Smith, one of the owner applicants, informed the Council that this expansion was requested by Oitiards Company. He explained that construction will begin an the building but the second story will be constructed later. Mr. Richard Hatch, Attorney with the Law Firm of Mahoney, Shaffer, Hatch and Layton. addressed the Council on behalf of a number of property owners residing on Mr. Hatch expressed concern on behalf of the property owners that Lenora Street. in the event Janet Street is closed, Lenora Street traffic will be greatly increased. He stated that the property owners feat that if the Council grants this "B-4" zoning at Janet Street, the entire area including the property on Lenora Street should be rezoned as well. Mr. Hatch summarized by stating that all of the owners he represent, from the area would like to have "B-4" zoning. WARew s reIv 1 r' ' iSb?'ft ag,„, p,A,' e,- * Minutes Regular CQUVeD M,Mt;n Augest nal Page €, Also speaBleg Ere apposition to the =aping request was Mr. Virgil Hurst, 4913 Lenore Drive. 11r. Hurst expressed his opposition because of the passibility of increased traffic on Lenora Drive if Janet Street is closed. Mr- Smith addressed the Council again and informed therm that the Mall owners recently purchased the houses on L 'cora Drive just because they were available. He also stated that trey 'oeeld like to purchase ail of the houses an Lenora Drive and pay the canners a percentage of the appraised value of the crouse. Council Member Zarsky inquired if it would not be advisable to open Mount Vernon into the Mali area. Mayor Sones recognized Mr. Wayne Bishop who was present as a representative of the Planning Commission. Mr. Bishop stated that it was the opinion of the Commission that this is a logical extension of the existing zoning in the area. Mr. Smith also Informed the Council that he had previously opposed donating to the City land for the construction of McArdle; however, now they plan to cooperate with the City by donating enough land to make the street wider. No one else spoke in regard to this zoning application. Motion by Best that the hearing he closed, seconded by Turner, and passed unanimously. Motion by Diaz that the Council concur with the Planning Commission and the Planning Staff and grant approval of the requested "B-4" zoning contingent upon replatting the property and the closing of Janet Street and Mount Vernon Drive stub; seconded by Dumphy; and passed enenimously. A a .. .. a* a a e* City Manager Townsend presented the two ordinances granting the zoning on the preceding lording cases. ' City Secretary Read polled the Council for their votes and the following ordinances were approved: ORDINANCE NiO_ 15655: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI AUtPTE6 011 THE 27th DAY OF AUGUST, 1937. APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ. OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF ROBERT DSFSCOLL, JULIA DRISCOLL AND ROBERT DRISCOLL, JR, FOUNDATION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 15.46+ ACRE TRACT OF LAND OUT OF BLOCK 10, J. D. RUSSELL FARM BLOCKS, MORE FULLY DESCRIBED iiEREINAFTER SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-18" ONE -FAMILY DWELLING DISTRICT; TO "1-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED: REPEALING ALL ORD 210Es IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. ThWrte-r Rule was suspended and the foregoing ordinance passed by the rotlawing unto: lanes, Saopie. Best. Diaz. Dinghy, Turner and Zarsky voting "Aye". 41W ;;VA1W-PWWW4'1,4v Minutes Regular Catardi Meeting August 13, 19 Page 15 ORDINANCE M. 335£6: v6yermaw*. NAW' 011 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED '.ti THE 27TH DAY OF AUGUST. nb37, APPEARING OF RECORD IN VOLUME 9, PAGES 555_ ET SE7, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED BY ORDINANCE NO. 6iO6, AS AMENDED, UPOII APPLICATION OF PADRE STAPLES MAL, BY AMENDING anE ZONING MAP BY CHANGING THE ZONING ON LOTS 32 fiipt; 2Z, BLOCK 16, ALL OF BLOCK 11, AND NORTH HALF OF MOUNT VERNON DRIVE ADJACENT TO LOT 11, BLOCK 11, MOUNT VERNON SUBDIVISION i3. SITUATED IN THE CITY OF CORPUS CHRISTI_ NuECEs army, TEL s. FROM "R -IB" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING III 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, Sample, Best, Diaz, oumphy. Turner and Zarsky voting "Aye". Motion by Turner that`the bid opening for improvements to North S.horaiins Boulevard be cancelled and reconsidered the first Wednesday in October; seconded by Best; and passed unanimously. A***?: ****:4 Council Neeher Oast stated that he would like to discuss the formation of industrial districts and suggested two different types of districts be considered. City Manager Townsend indicated that he has some difficulty in deciding on guidelines for the two different types of districts. Mayor Jones suggested that industrial districts be listed as a discussion item on the Agenda next week so that a decision can be made on them as soon as possible. Council Member Diaz expressed his concern about the location of the aquarium on the T -Heads in view of the damage suffered by tha Marina during the Hurricane. Discussion followed among the Council Members on possible tuaro,aments to hurricane preparedness for the future. City Manager Townsend painted out to the Council that If the Federal Government Es prepared to provide funds to perform some of the necessary tasks to clean up the City foliowing the hurricane, he would like to have authority to expeditiously waive bid procedures for a period of ninety (50) days to gat the City cleaned up. He stated that he will bring this to the Council as soon as it is necessary. There being no further business to came before the Council, on motion by Best, seconded by Sample, and passed unanimously, the Regular Council Meeting was adjourned at 5=16 p.m., August 13. 1980. S.