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HomeMy WebLinkAboutMinutes City Council - 12/17/198011,44,,AgintbeiettMrildVA-Jf cry( CIF 'S CHRISTI, TEXAS AEGJLAR i CIL MEETING vE 17;-1980 200 F. H. r Pro Tem Edward L. Sample br. Sack I,* David Diaz * Betty K. Turner Cliff arsky • ENT: ck r.. City tanager R. Marvin Townsend Asst. City Attorney Sob Coffin City Secretary Bill G. Read r Pro Ti rti L. le called the meeting to order in the Council f City Hall. invocation was given by Dr. H. H. Colson. Director of the Corpus Christi Baptist Association, following which the Pledge of Allegiance to the Flag of the United States was led by Council er David Diaz. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally consti- tuted meeting. Mayor Pro Tem 5. 1e announced the issuance of the following proclamations: "THE 11 TIOHAL YEAR OF DISABLED PERSEIDS" - 1981 and "HARBOR LIGHTS WEEK ° - ember 17-24, 1980_ Motion by t that Mayor Luther Jones. who was 111. and Council Member Jack 0, .hy. who had a death in his family. be excused for just cause; seconded by Diaz; and passed unanimously. 0 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro Tem Sample announced the recessed public hearing on the following matter: Request of the fallng that the outside city te water policy ordinances he amended U7 allow the continued use of water without execution of a water contract or agreement to annex in the future or that the or -.ce be so In .reted to include their p ..erty in the heavy port-re/ated hid exemption. (1) 7_1. Bailey, Inc. and Terminal Transportation. Inc. - 23.5 acres between Southern Minerals Road and Up River Road. nY' Inc' - 1409 Corn chic (2) Frank BaRey Grain .... (3) Berry Contracting Inc. for a 54 acre vacant -tract Road and McKenzie Lane (Hearns Ferry Road). ' The hearing was recessed on Sep ..er 3, 1980, October 8, 1980 and - Nov , .er 5. 1980 because the ordinance on Industrial contracts was being deveIopwd. Last week, one of the parties asked that the hearing be recessed for an additional week. City Marager To.nserd noted that this item actually consists of three sepa- rate hearings; the applicants are apptaling the decision of the Director of Public Utilities as to whether or not they isill be able tc ahtain water service in accor- dance with the ordinance governing "T:L water service. He explained that the ordi- nance •::lees that they agree to certain things in order to obtain water service, such as annexation and c. .lying with the City's platting and building regulations. He sta i• that mater has been provided in these areas at some time in the past. Mr. Towns explal the circmostances that led to these three appeals being filed, as follows: (I) 3.I. Hailey, Inc. and Terminal Transportation, Inc. - this is a new cu s F=. r who has purchased the land on which these c ;antes are located f a p ous owner; (2) Frank Bailey Grain Company, Inc. - aisa a new owner; and (3) Berry Contracting, Inc. - This c had water at one time and they have requested that water service be provided again. city Manager Townsend referred to his x:»a..random of 0 er 16 which Included material which was originally distributed In June, 1980, and explained this public hearing had been recessed several times. He Informed the Council that the staff feels that ell three of these cempenies would be required to sign the OCL water contract because they da not meet the requirements for ex ,;,tion in the OCL water contract. seem of which are the property to be served is in excess of five acres and nor less than five acres thereof is principally used for port -related Industry. which Is hereby defined to be a heavy industrial use or activity which generates substantial tonnage through the Port of Corpus Christi; adds value to the product which is processed; nould only be allowed Inside the' City limits of Carpus Christi in Zoning District "1-3"; and provides for Itself almost all services normally provided by the City. Mr. Townsend stated that those requirements are emulative and the applicant must comply, but the land is not subject to annexation unless the City Council decides to annex. City Manager Townsend continued by stating that J. I. Hailey. Inc. could t the test of an industrial district if they chose to do so. He then referred to the request of Frank Bailey Grain Company, Inc. and indicated that this also would meet the test of an industrial district if the applicant desired. In regard to the request of Berry Contracting, Inc.. City 1ianager' Townsend stated that the use under way at this site is an excavation type of activity and it is the Mantes Regular Cciencil Meeting 1c- 1?, 1980 Page staff's opinion that this operation does net meet the criteria of th industrial district ordinance unless it is considered to be a part of Berry Contracting property. Me infamed the Council that this operation also would not meet the criteria for exemption fres the OCt water contrae either. Mayor Pro Ti Sample then called on representatives of the applicant to address the Council. Mr. Bill Keys, 432 Bermuda. Attorney representing J.I. Halley. Inc. ani*";.. Terminal Transportation. Inc., stated that his client is Mr. Calvin Bush, Presi- dent of those two corporations and expressed the opinion that these companies do meet the criteria for en exemption from the OCL ordinance. Mr. Keys explained that the two companies are involved in trucking and related types of industries; they serve port related industries; they store pipe and other materials necessary for port industries; and their property is located on approximately 36 acre t out- side the City limits. He also pointed out that the two companies employ in excess af 100 people at all tires and during peak periods, more than that number. Mr. Keys informed the Council that Mr. Bush purchased the property from an owner who previously received City services, including gas and water. Mr. Keys continued by citing the items that allow these companies an exception to the OCL contract, stating that their property contains more than five acresthey do generate considerable tonnage through the Port of Corpus Clristi. they do add value to the product that is processed; they process petro- leum coke. following which they deliver it to the Port. He also informed the :aunci; that in addition to thoseprocesses the companies crush manganese for a fee which obviously adds some value to the product. He emphasized the fact that they also store pipe that is designated for the Port. Mr. Keys also pointed out that they meet the criteria because of their zoning of *I-3" and noted that the companies provide almost all services thatvuld marmally be provided by the City with the exception of service for gas and water. He concluded his remarks by expressing the opinion that the activities of the companies and the site do fall within the category that would make them exempt from the 00. contract. * Council Member Turner arrived at the Meeting at 2:20 p.m. during Mr. Keys' presentation. r Council :AN 17, liao r 1.trrA: referred tr., :110 774e,ttaf0; cf Peie testing and inquired if the pipe is aztually inofrovd or is ft just 7.72etZ :a see IF it car be used. Mr. Keys replied via: tnee test f: rra tee eree.lies tut they do not repair it. Council er relaz !Jae t4 etaff fer !R exolanatier as to why they fecl se 44 1e do net eeet the :riteria for an eeception. City Manager Townsend' explained the: this is net an industry that generates through the Port; it is Jest a matter oirion as to the extent that the ,y is in the process of crushing coke er ether materials; and the staff feels e anies do not provide ary services for tnemselves in that they do not provide fire or police service. He also noteo that as far as the zoning is con- cerned, Ir activities could be conducted in "I -Z" eoning. Mr. Townsend then asked Mr. Keys if the processing of materials is actually done on this site, and he replied that they do crush manganese but the crushing of coke is perfo d at another site. Council er Best admitted that he is confused about all of the various pertaining to the criteria for 3n exception and he understands that Mr. Bush is also confused. Fir. Best then asked what these companies must do to obtain water and gas pe ently. City Manager Townsend explained that Mr, Bush just has to sign a contract ineicating that he agrees to abide by all rules for water customers, comply with all Cfty regulation and code:-.. and agree to annex the property if the City Council decides to annex. Council l r est asked about the eel:sequences if Mr. Bush refuses to sign a water contract, and City Manager Townsend stated that if the Council concurs that this ny meets the test that it is 0 poet related industry, then it could be considered an exception to the OCL water contract. Council Pi er Best continued by inquiring if the Council determines that this is a port related industry, whether or not the company could sign an industrial district contract, and City Manner Townsend replied that this could be discussed later. Or. Best then asked Mr. Bush if he is interested in the industrial district concept that the City has just recently approeed. Mr. Bush replied that ne was of the opinion that he :hould fall within one of the requi nts -- either he should be grentod dM exzeotton the OCL water AitlttYla,!t!f1,to?ffgfgo!swKtogissltyoltgtfigfifiSSSZXLTISttakf,Tfitafti contract, and if not that, then ne snoulc be censidered as eligible to join the trial district. Ccumc r Best then asked Mr. Bush if the Council decides that his ies are port related. wnt d he be willing G6 sign the indestrial district contract. Mr. Bush stated that he would like to wait to see if his companies qualify as industrial districts. Council er Best stated that he felt that Mr. Bush's c antes should be recognized es marginal port related industries and made a motion to that effect. The motion was seconded by Council Diaz. Council ,"er Best continted by stating that this company should be subject to signing the industrial district contract. Council ...,"er Zarsky inquired as to the number of people 4"toyed by this ..—"any. and Mr. Bush reiterated that they employ 100 full-time employees, but they are encouraging more business through the Port. City Manner T, send Maui as to the number of employees assigned to the manganese crushing operation, and Mr. Bush replied that that is just a part of their operation and he was not sure how many people are actually involved in this operation. Council Member Zarsky asked for an explanation of just what activities are perftrmed on this piece of property. and Mr. Bush stated that they maintain equi nt. store pipe and store products, both rex and finished, ILA admitted that they do not crush coke on this site. Ho one else spoke in regard to this subject. Motion by Diaz that the hearfna be closed, seconded by Turner and passed unauimcusly. Council Member Best elaborated on his earlier motion ani moved that J.I. Halley, Inc. and Terminal Transportation, Inc. be designated as port related industries and be supplied with water and gas. This revised motion was seconded by Council Council arsky questioned whether or not this particular site was actually port related, but stated that in view of their total business operation, he felt that the antes are port related. • ar VCu1•/teeting 7. 19E0 Meyer Pro T for tee vte on the for and it passed by the fel ng vote: 5 le. Best, Diaz, Turner iiy oting 'Aye"; Jones and . absent. r Pro Ten Sample .allee for ‘rosideratfon of the second portion of this public ,-..r1n9 pertaining to the request of rne Frank Bailey Grain Company, Inc. , Attorney representing this company, referred to their out that they are discussing the tract of land that Is Pr. Ben application poln e clearly in excess of the five -acre requirement in the ex- ,tton of the OCL water contract; it is *1 -3" use; and expressed the opinion that the c any is port related and adds value to the product with which they are invulved. Mr. Donnell info the Council that this grain elevator handles almost 1003 of grain for shipping through Port; approximately 84.000 tons of grain goes through the elevator. and ut /S. tons is for expert through the Port. Mr. Donnell explained the &nys operation by stating that the c any takes high moisture grain and treats it so that it will be eligible for export; therefore, in his opinion, the fly does qualify as a port related industry. He stated that the ny has only 15 e,,loyees at this particular location but about 70 or BO eeploy in all of their %cations. He also explained that this is not a new facility but it does have a new owner; it is within the Port area; and has not had to use any other City services. In regard to the industrial district, Mr. Cennell stated that he was not aware of what this company would do ff they were invited to sign an industrial district contract Council er Turner expressed the opinion that this c any is obvi- ously dependent upon the Port. City Manager Townsend pointed out that the ctnrage of materials is not really —,resied in the OCL ordinance, and the marginal test here is whether or not the drying of the grain actually adds value to the product. Mr. Townsend also noted that the wholesale storage of grain can be done under "1-2" zoning. but If the Council finds that it fs. in fact, a processing plant, then it meets the test of the exception of the OCL ordinance. He pointed out that the staff feels that this of facility could he lccated inside the City limits. as many grain elevators are. that he is ofa the opinion that this plant should not be classified as a storage plant because they do ilry a lot of grain that comes from to mi' t. and this grain wculd not be sent to Corpus Christi if the cany did mat have the facilities for drying the grain. Council er Best stated that if this. any is actually drying grain for rt. the a-x.eny would qualify as a port related industry. Mo one else spoke in regard to this portion of the hearing. Motion by Diaz that the hearing be closed, seconded by Turner and passed unani ly. Motion by Diaz that the frank Bailey Grain Company, Inc.'s application for water service without signing the OCL water contract be granted, seconded by Turner, and passed unanimously, Mayor Pro Tem le called for consideration of the last portion of this public hearing es it pertained to a tract of land at Carbon Black Road and McKenzie Lane ed by Berry Contracting, Inc, Hr, Ben McDonald, Attorney with offices in Corpus Christi and Austin, spoke on behalf of Berry Contracting and introduced Hr. Kenneth Berry. He stated that this ca xagy •,Cloys approximately 1,200 people who work within the Port of Corpus Christi. Mr. &Donald presented to the Council a photograph which indicates the port related nature of the operation. He also presented copies of the dock :Y gaster showing the port activity of Berry Contracting. Inc. Mr. McDonald then refs * to a letter to Mr. Douglas Matthews, Director of Public Utilities. con- taining the metes and bounds description of the subject property which indicates that ft contains 54 acres. He pointed out that };,;s is definitely In the "I-3" zoning designation of the City and explained that the actual tract involved is the location where sand is mined and ft is used to mine or mix sand and caliche. Hr. + nald stated that approximately 70,000 tons of sand are roved through this plant to the Port each month, and each ton has $3.50 added to the value of the sand after it is processed at that location_ He explained that they furnish their security and their particular need for water is for use by the guard who is on duty at the plant. Mr. McDonald expressed the opinion that this company meets the criteria for the exception to the DCL water contract. since they also have their Minutes tecticn as well. Cauneil : r Best inquired as to wiry Seery Contracting would go to so trae and expense just to obtain. water 'or use cy one guard, expressing the opinion that it wvuid be"less expensive to rave water 1=ri©rted. Mr. -yid replied that the request t; primarily to prow a point. City Manager Townsend explained that the use of water was terminated for a period of time and then re-e:tablisi:ed, and in the opinion of the staff, the service was terming . Me further stated that some of the land is being fa ed which tld qualify it as an agricultural use. Mr. Townsend informed the Council this is an unplatted piece of property; they must plat the property; there 1s a water line to serve the property; and if the Council feels that it is an agri- cultural use, then platting requir nt can be eliminated. He also stated that taff does not feel that the digging of sand makes this property qualify as a port related industry, even though the entire company meets the tests of the ordinance but not this particular piece of land. Council r Best referred to the industrial district contract and made the observation that obviously this small site would not qualify for an industrial district. City Manager Townsend stated that the company would have to shod how this piece of land relates to primary use of their entire operation. Council r Best asked Mr. McDonald if their purpose would be served better if the Council allows this property to have water but does not find it to be port related. Mr. McDonald contended that it is part related because the material from that site goes directly to the Port. There were no further nts an this request. Motion by Diaz that the hearing he closed, seconded by Turner end passed nimrously. Motion by Zarsky that the appeal of Berry Contracting, Inc. be granted on the basis that the any prepares at this site a mixture that is an improvement of the product; seconded by Turner; and passed unanimously. * • • 4 • w w • ! i • • * 4 w • • • * • * w • • w • w • w w • • Pro Ten SampLt ealltd for te City L'arager.s Reports. City Manager Townsend prese the foiilrf7s.-s f".:,=.4rt..:, are explations and ed that:. e. Bids be received at 11:00 A.M. Tuesday, February. 3. 1981 for furnishing arid installing one replacement chtve through bus washer for Transit. The weoler Is the last item to be purchased from the 1 capital assistance grant from the Urban Mass Transportation tra . and wit be paid for 80% by the Federal Government, 13% by the State and 7% by the City. The current washer is over 30 years old. b. A 12 111 nths supply of blueprint services for various departments be to Ridgway's, Inc., Carpus Christi, on the basis of bid of 321,898.50. Two bids were received. Price shows an increase of approximately 27%. c. A 12 e. lbs supply ant for bread and miscellaneous bakery or the Utterly Nutrltlon Program be awarded to Rainbo Baking pany, Corpus Christi, on the basis of low bid of 57,477.50. Two hids were received. Price ., .. on shows an Increase of 16%. The t is for appro e teiy 8.500 loaves af bread, 350 trays of orgar rolls and I/ packages of other roils. • -1 • • d. A 5 -year contract for concessions at Memorial Coliseum and Lion be awarded to Leisure F... Services. Denver, for 37% af gross is items and 28% of grass sales an food. The apparent 38% on basic Items and 28% on 1... by Mr. Lathe Bishop, ti. is not recommended because of marginal performance at City concessions- Leisure F.. Services has extensive lence • ghout the United States in operating concessions. Eighteen bid invitations were issued and seven bids were received. The present contract is for 43% of gross sales on all Items except for food and on f.. . e. A public hearing on the closing of Pal... Street from Ocean Drive to s Christi Bay be held on January 7, 1981. The two abutting pro owners have requested that the street be closed because of the nuisance caused to th by persons parking in the right-of-way late at night. This section of Paiama Street Is approximately 300 feet long and dead ends at pus Christi Bay. No public utilities or •-• srei.sere ted within the right-of-way. The closing is not ded because it public access to Corpus Christi Bay. for residents along Palorea Street and the public generally. • f. . easements for the Oakdale Drive Sanitary Sewer Project be d ... Mr. and Mrs. Frame J. Bowers, Jr. (5920) and Mr. Jon B. Held ($95) and $1,015 be appropriated ... the Sanitary Sewer Bond Fund. These easements run from Oakdale Drive to Caribbean. In addition, the City will, as t of the consideration for the first easement, plant 10 tallow trees and 11 ligustrum plants, cut 2 tire • es for fire sprig the ged area with grass, allow the owner to keep the excavated material. cons. et a tempor fence with gate along the constru *.n easement and agree not to operate er equipment between 5:00 p.m. and 7:00 a.ra. Bids are currently being solicited for project construction. g. Change Order No. 2 to the School Area Street Improvements Unit II for 59,745.25 be approved. The change order provides r val of the concrete on Agnes Street frzro Pert Avenue to 21st Street and minor pavement repair of the street after the median Is r ..ved. After rerr.oval, Traffic Engineering will restripe. On 22, 1.:11, as pert of the request of Power Equipment Sales end 5 e. Inc. for two 55driveways, a ,..don was passed to allow 35' driveways and to remov.e.the.medien. - — • • Minutes Regular Council l et reeler 13, 19811 Page 10 h_ 12,2C0 be appropriated far appra,;-ii services wy Mr. Thome F Dorsey kr a,{_siticr, of feur ,arc:t5 r r Wast:ington-Coles Area Unit U Street improvements.. Stn.: td„r,; funds are involved. right-of-way ;s beta;, acquired ie a..cereence siith ap;.ltcable Federal laws which rergaire ar Tndependen: real estate appraiser to establish value. These parcel, are :cra,Ci Caora Su-e_t between Chipito and Winnebago and on Wes: Broadway between N. Alameda and N. Staples. The parcels an prrt Broadway are necessary to connect St. Luis Ailey from Ramirez to Wes* 9roads<ay. The other 2 parcels will clear up an old railroad right-of-way problem and make a state -aimed tax foreclosed lot available for future residential deve opment through the Community Development Corporation. City Manager Townsend located the property to be acquired on a transparency and explained the ciremstances regarding the necessity to acquire the property. Me noted that in one particular area. the staff would Tfke to encourage "R-18” development in the vicinity of the existing churches and school. The Compensation Plan be amended to enable employees who advance to a higher salary grade as a result of classification change to receive the next increase which they would have otherwise been entitled to by longevity had the position not been reclassified or the step which they would next earn In the new grade. whichever should first occur. The existing provision results in reclassified employees receiving no net Increase for that portion of the year after they would have otherwise received a longevity increase. I. Airport parking lot rates be revised to establish long-term and short-term rates as follows: Firot First Each P.dd'1 Add�l Maximum Lt Hour Hour st Hour Hour Deily Short -Term Lot 5.50 5.50 55.00 Long -Term Lot $.50 5.35 52.50 Parking Lot .mpraveme't are expected to be completed In the latter part of January. In order that rate wheels for the parking lot calculators can be purchased and installed prior to opening, rates need to be established at this time Collections are expected to increase by 590 per day when the lots open. The 1980-81 Budget anticipates $985,000 of parldng lot revenue, Including proposed rates. Council Member Diaz inquired if the parking lots will be completed by the end of January, and City Manager Townsend indicated that they would and that they propose to have the new rates go into effect as soon as the parking lot is com- pleted. He stated that in a comparison of rates in cities of the approximate size of Corpus Christi, they are about the same. Council Member Turner expressed concern that there is a total lack of maintenance of the existing parking lot at the Airport. fi te lt,:,,tmeeeetet„eeteeretVeee,..zeeitteteeeeeeeeeeeeeeereeetieeeeekd City ma Towosetot eeeleleed zhat el/ of that er,a writ he reeovee when the parking lots are c., letere He remineed the Coencil that there are only two people -yed by the City to r -ow the entire ,ieel'ort area, and the only other solution would be to aerie., the naintenenee 5f the front of the Airport to the Part crew., but this would decrease the maintenance of the parks. Council .er Turner 1n1 :d that the Airport Manager be asked to check the Ition of the outer parking lot where weeds and tall grass are in evidence. t , k. dere.. of an amendment to the industrial district ordinance to: (1) Correct an erroneous reference to the ninhnitm payment s • don jii Article III(e) of ibit (2) • ct the inequity which eeists in determining when an industry must ke a menial e pa nt. The minimum payment on ireprov„..ents 15 based on the tax rate times $1,000,000 of ±8 .e,1 assessed value or 36.,1.. now, but the current tha agre 1 woud result in a Minim e pa . t on tm ts of 1 $6, 'i by applying the 50% factor to is with assoaed value greater than $1, 1111. but .000,000. 1.A 10 -foot wide utility easement out of Lots 5 and 6. Block 4, 15 replatted and no n tate Industrial ...plex tsbeferclosthede. eduTtyhe easiots eharte. beTinhge subdivision le • tad west of Corn . 1. ucts Road between Leopard „.. 11137. m. The applica*. to the .. tal Bend Council of Governments for continuation of the Elderly Nutrition Program from Dauber 1, 1980 to Sep er 30. 1981 be amended to reflect a progr,, period f .. Oc 1, to D ...er 15, 1990 and that the budget be adjusted arca . gly. Twelve nth funding had been expected, but only 21/2 e. D .- nths funding or 5127,er. was received. The S127,.,. cons.17aoef 594,990 .. the Federal government, $15,9S4 f .0 the Li. S. t of Agriculture, 52,605 f •n the County, 36,623 th Clty and 56.484 of partici t con. '.udans. The unt and length of lunding ay+• .le beyond Dec er 15, 1980 is not known. The n .er 01 to to be served will Increase from 675 to 689 per day with the n . r of e served toh 557. 132 andthe n e.er. at ,,, g „ale m"isites decreasing .. and increasing .,: •,.62 tt: n. An agreement be approved with thieces County whereby the county will pay 5200 . ards the monthly salary of S893 for a Senior Clerk. Grade 12, in the Police Depa nt is serving as a Witness Coordinator in the County Attorney's Office for district and county courts. The coordinator itors the status of court C3SE5 to insure that police officers are available for testiaony when needed and to minimize the .unt of idle time police officers spend in court waiting for cases to c to trial. City Manager Townsend - elained that tis position was originally a CETA position at a Grade 8; the City could not chenee the grade to a 12; tee County req led that the job be continued; and if the City agreed, they offered to pay the additional 5200 per month required to upgrade the position. Minutes Regular Council 17. gnent be arprovei. w tr. the developer of W lake o. o c ... Apar,,,, iS. knawn as Lakevi.w Acres. Black 2, Lots 13 and 14, wt y the deveoper will evabisn -1 escrew a—aunt with Stewart Title party for 7he cost of aa of I -silt. sanitary sewer extension and an interior fire line (S22,R7,1 2S1. Buch .710711eI'ill be dispersed only at the request of the City. A park settlement of 19,963.38 and a prorate water charge of S: , 979.14 nes been paid to the City. The plat been released :or filing prior to formal approval of the ag t„. The prooerty as located on the west side of Rodd Fled south of eview Enlyc p. That sl,s. t in Disaster t'Jnds be requested from the D of Rousing and Urban Development SecreUsry's Disci -clic The Secretary's Fund includes assistance for major disasters. invent Fund. City Manager Townsend informed the Council that these funds would be in addition to the assistance received from F Council er Turner inquired if the City receives these disaster funds. the t City would have to pay would be decreased. and City Manager Townsend • , agreed. q. An application be .initted to the Environmental Protection Agency for a Step 3 grant cn the second phase of sliplining the McArdle • ..d Sewer at an estimated cost of S3,870, i with the Federal 75%) being S2,902,500 and the Capes share (25%) $967, . k includes slipi g the existing 42concrete sewer with a - ed 3fir polyethylene pipe, rehabilitation of manholes, and utIng all voids between the pipe and the liner. The second phase includes Nile Drive to near Shields Drive and from near Holmes Drive to 11 e as well as 2.' feet ha Carroll Lane. The first phase f Price to Ho ,- was completed In May at a cost of $1,030, tf. The grant application is for construction which will complete g of the McArdle Trunk, This project is within LPA funding ts as authorized by the statewide primity rating syst The Clty's abare will came from bonds approved in 1977. r. enue bonds backed solely by CM( Center revenues be exchanged the balance of the /easchold duprest in the CoA! Center. cortex, Inc. , is operating the Golf Center on a 30 year lease, en Mord 2, 1993. The ging stockholder Is redring. it is to have the City take aver the operation on Febru; 1. City Manager Townsend explained that the Parr Board met the preceding day and briefly discussed the Golf Center matter, but possibly. they did not receive an of the staff input required. because they tabled the matter for further consideration. Ile stated that he had reeuested that the Chairman call a special "—ting of the Park Board to reconsider the natter. Mr. Townsend asked the Council to proceed with approval of this item since the ordinance pertaining to it will be on a three -reading basis. and ff the ?ark Board does not rec. ,end this procadure. the Council will have an c'.1Porturotty to discuss this further before 7, 19e0 t the final -Ming of the ordinance_ s. specifications for improvements w the Feoples Street T.44 + .be approved and bids be received on January 14. 1981. This 1977 Bond .r++rani project provides far installation of new slips along the south at+-. and renovation of slips along the weat face. The n of shps will r in approximately the same. liurrlcane Alien of 059,560 (the 75% Federal share) ' be ested to apply the cost of the improvements- The p +,. ,ed work includes hurricane d .., ge: water lines, marina patrol boat dock gear boxes. the and 1 ;y r Diaz inquired if any of the improv;.,nts are designed to correlate with the it of the piers and pilings. City ger Townsend replied that the improvements are out in the water and therewill be no street t of work. 1 a - er Diaz stated that he was referring to the voids that were discovered by Ogletree and Gunn Engineering Firm when they investigated the condi- tions r water. City Manager Townsend explained that the staff feels that the proposed work should be done and the repair of the voids should be considered in a future bond prograat or another kind of funding that might be available. Council . r Diaz then inquired if any staff vers are capable of performing underwater a=---lnation, and City Manager Townsend replied that they are not, but the staff was not surprised at the findings of Ogletree 5 Gunn. He explained, ver. that the staff does not feel that the conditions that exist are a hazard to users of the surface of the Marina. Mr. Townsend agreed that this is a high priority 1t.'* but they are of the opinion that the T -Heads can safely be used for another ten years. Assuming that the engineering report is correct. Council Member Turner inquired if the City.Manager still recnds these improv ants to the Peoples Street T -Head with the installation of new boat slips. City Manager T send stated that all of the staff feels that these nts can be safely ecc. •=I shed because this is basically to realign rev T -Head with only a few additional slips to be installed. Council er Best posed the question as to the consequences if the Aquarium is built on the T -Head and a bond issue to c.- lately improve the T ds fails to pass, tang City Toremer.d explained that no one feels that the T -Head is going to collapse and sink Inca the ilk,. Cosocil r Best cueszioned the wisdom of install ing the Aquarium there in view of the condition of the T -Heads. City manager Townsend stated that the only way he could respond to that is vs remind hio that the Council voted to locate the Aquarius on the T -Head and the staff is simply following the inst. uctions of the Council. t. An t to the contract with Urban Engineering be authorized p ding for resident inspection, field staking and basic services during construction of the second phase of 14 *le Road Sanitary Sewer Slip:Ening_ Urban has designed the project. it is anticipated that construction will begin prior to the spring of 1981. An ap. .pria of S124.259 is needed. The construction cost is es t to be S3,870, u. The P g ion be requested to initiate a hearing on a text t to the Zoning Ordinance to .w filling stations selling petroleum gas in the "B-4" General Business District. When the text t forward for Council consideration, an the City ..e be re ended to remove the that liquified petroleum gas con • ers larger than 150 be .ted only in areas zoned far heavy industrial use. v. The or. . ce authorizing the Marina Superintendent to allow boat owners to sell their current days catch he amended prior to third reading to dorrect the requirement for public liability Insurance. The o CE as passed on first and second readings . I d public liability insurance, including food handlers' ca. It has been de ed that the proper requirement Is simply public *ility insurance w. An agreed Jud. t and contract for settlement be epproved with Mr. and Mrs. James D. B: and son, Ronald. for damages due to injuries in a diving accident et Sunrise Beach .pground at us Christi on Au 1 16. 1977. The judt and tract .• ide basically that the City through its pr Insurance carrier, The Hartford. pay of cash plus s200,*** out of the City's own funds die to failure of the City's excess incur ce carrier to p- *cipate in the settlement. The 'City addido y -agrees to gn any cause of action that it may have against the second excess carrier, Canadian Unive In return. the Biafra agree to accept the settlement .• assigrunent as satisfaction of the judgment and a. - to indemnify the City. A transfer of S200,411 out of the Water Etrnd wW be needed for the City's share of the cash settl t. asi • Mayor Pro Tees Sample caned for convents from the audience an the City Manager's Reports. lir. Lathe Bishop, 319 Cie re Street. info the Council that he had submitted the high bid on the concessions for the ()Oise= and objected to the fact that the staff recennended against the award of contract to him because of marginal performance on the concessions at McGee teach and the Oso Golf Course. 15WAY4kAlgigkeliNiliOMMA4t2iftsifel Cy Panager To.ms000 eafloinef 072 is the concessionaire at Beach and the Iso Cc9,5E ar4 lsen raoy problems in the oper- ation at both of these location:, he stat-ao that. nis of'ce recommended against the:award of the concession contract a: the-c.cise6-.7 to ?'r, Bishop because of the difficulties at both of those pace. Hrnsend informed the Council that the concession contract at thr Golf Course had been awarded to Mr. Bfshop several the ago; there were misunderstandings between the staff and tne lessee as to just what should be done towards improvements; there was a series of problems; the concessions have not been started yet; therefore, the staff does not feel that they can nd such, a large concession as the Coliseum and Exposition Hall to s ite bdo has had so many problems. City Manager Townsend indicated that he would go into specifics only if Mr. Bishop desired to do so. Mr. Bishop explained that he had received his beer license at the Golf Course two ks after he signed the contract fur concessions at Cho Golf Course: there has been a problem on the plumbing and electrical work; the same thing occurred at h Beach; and he folt that the City did not perform the necessary nts which he understood they would do. City Manager Townsend informed the Council that the problems had occurred in several stages and one was that the building at McGee Beach was not opened when it was supposed to be according to the lease; the lease specified that there :'ould be no sign but Mr. Bishop desired one; the concession at the building was bid in its known condition; and the lessee knew what he signed and what he was 'rocrolred to do. Council ber Turner agreed thac the City could not afford tn have prob. 140. at the Coliseum and Exposition Nall, but she felt that the contract should be awarded to a local citizen. Mrs. Turner inquired li it would be possible to develop a contract with very strict standard i' and methods of enforcing City Manager Townsend replied that the contract must be written so that the City will receive a percentage on itand if the customers are unhappy. the Council will certainly hear about it. Mr. Bill Kennings. Director cf inscoctrons and nperations. stated that the contract provides that the City will furnish some equipment and the con- onaire will furnish some. P4notes Regular C .x cil Meeting December 17, I960 'age 16 Mr. Hal Feterson, Convention Center Manager, further erplai:'ed that one oidder estimated that imarave evts would cost approximately S39,004 to bring the Coliseum up to standard and the other bidder thought that 540,000 would be .rwLi,ed far this Mr. Donald Immo. lessee of the Bait Stand an the peoples Street T -head. addressed the Council in regard to Iter V. de expressed the opinion that if boat owners are allowed to sell table shrimp from the T -Heads. they should be required to obtain a food handlers' peewit. He noted that passage of this ordinance would certainly be a detriment to his business and suggested that he be granted a decrease in percentage in his lease with the City. He stated that he felt that he could generate more ince for the City than the shrimpers who sell their 'day's catch.' City Manager Townsend stated that the staff does not really know the exact impact this ordinance will hare but agreed that Mr. Leamon's lease should he amended to reduce his percentage of gross, stating that the staff will work with him on this matter. Mr. Bishop suggested that the wording of "current day's catch" be changed to specify edible shrimp rather than any kind of fish. Also speaking in regard to the Coliseum Concession was Ms. Betty Warner, who stated that she had worked for Ms. Margery Bennet for 6 years and that she ad submitted the lowest bid on the concession business. She questioned whether or not Leisure Food Services could make a profit at the percentages they had bid and expressed the o'inion that the only way they could do so was by increasing prices for items sold. There were no further cements on the City Manager's Reports. Motion by Zarsky that the City Manager's Reports, Items 'a" thru "w", be approved; seconded by Diaz; and passed unanimously. City Manager Townsend presented for the Council's consideration the fol- lowing item: 8. Closed meeting to discuss site acquisition. Motian by Turner that this matter be tabled until next week, seconded by Diaz and passed unanimously. * • * * * k * * * * * * * e e * i a ♦ w * * e * e a r * 1, k N' k * Jrieecl[nonoil Metrtiag Domer 17. 1980 Arse 17 Motion by Diaz tnat tee egular Czurcfl Meeting be recessed at 4:30 p.o. in order to convene the Spe a) oenc;l nertitg to consider zoning applications; seconded by Turner; and passed unanimously. -- - r r . * . a r r . Mayor Pro Tee Semple reconvened the Regular Council fleeting at 5:45 p.m. and called for the consideration of the following public hearing on a street closing: 9. PUBLIC HEARING: Closing Hughes Street and Hirsch Street from North Water Street to North Chaparral Street. The closing Is necessary for site development work under contract at the Convention Center. Utility and drainage easements, the full width of each street will be retained. City Manager Townsend briefly described the streets to be closed and located the area on a transparency. Mayer Pro Tem Sample ascertained that no one wished to speak on this matter. Motion by Best that the hearing be closed, seconded by Diaz and passed unanimously. Motion by Best that Hughes and Hirsch Streets from Horth Water Street to North Chaparral Street be closed. setended by Zarsky and passed unanimously. * * * * * * * * t •' * * * * * * * * * k **4********* Mayor Pro Tem .Sample called for the consideration of the following tabled matter: a. Text Amendment to Zoning Ordinance Article 33: (1) Mine Fees. Increase to 195 for cost of publication bn all Board -of Adjustment Appeals and 1150 to $550 on zoning change applications, depending on the size of the acreage freta less than 5 to more than 20 acres and provide for partial refund upon request in case of denial. The existing fee is 190. Based on last week's discussion It is recommended that the zoning fees be $200 for Iess than 10 acres, $300 far I0 to 20 acres and $550 for more than 20 acres. (2) Fence Exceptions. Increase fee from S80 to 5150 for casts of publication on application for fence exception and provide far partial refund in case of dental. Recommendation of the Harming Commission: 'That it be approved including the original recommendatfon on zoning fees. b. Text Amendment to Platting Ordinance: (1) Filing Fees on Plats. Set filing feea on preliminary plats at $20 and final plats at 110 plus 51.00 per lot or 14.00 per acre if the lot is over 11,000 square feet. Recording fees would be determined at the same time as the final plat fee. The existing rates are 501 of the proposed rates. 7. t2) Delete Subsection C(5) and substitute a new section to provide that the plat not expire after 6 months as long as cmnstroc Is underway_ (3) d Section VI Subsection D to increase filing fee from sa to cr ane -Lot plats in Paragraphs 2. 4(7), 5 and 6. Rommtenendaof the Planning Cominissitul: That it be approved. City Manager Townsend noted that the original re ndatfon on fees had a consis y with the exception to the screening fence requests and a zoning CSE and the 1 rec XI It thanges :xcept for the applications for scree2- ing fence waivers which require the s , of hearings and notification. Motion by Best that the fee for a request for an exception to the screening fence mously. imment be set at S200; seconded by Diaz; and passed unani- Chief Planner Larry Wenger of the Department of Planning and Urban bevel t s ted that the same casts be applied to Board of Adjus fees. n Motion by Best that the fees be the same for the Board of Adjustment cases as for the zoning Applications; seconded by Diaz; and passed unanimously. Motion by Best that and passed unani sly. Motion by Diaz that the ordinances effecting these fee increases be on 10 be removed from the table, seconded by Zarsky, three readings. seco by Best and passed unanimously. * 44 * *4 * * * 4 * * * * * * * * 4 * * * 4 * * * * * * * * 4 r Pro Ti Sample called for the ordinances. City Manager Townsend briefly explained the ordinances on the agenda. Mayor Pro Tem S le inquired as to why the ordinance establishing Industrial Districts did not have any specific geographical areas. Council er Zarsky stated that an industrial area had been established by a separate ordinance whereby the Council could designate certain areas where any new annexation would be zoned "1-2' or "I-3" to be presented to the Council for plat approval There were no its f the audience polled the Council for their votes; and the and such areas would be required or for requests for service. on the ordinances; City Secretary following ordinances were passed: lar er i7, FIRST READING:: „.',.-Irgygotfitallttltsirw'tore,Ytg!MlifiettAifttfgIAter; KUNO DR244:010E NG lE-S3. P;d:CO 2 E, TH: CITY C -DC!. GN JULY 23, 1980, 9Y ANEN01Ni; SECTION i 7:4EREOF 1,_OnC-TERM AND SFORT-TERM PARKING RATES FOR PARKING 10? THE WLFi AIFR^" AT CORPUS CHRESTI INTE TIONAL AI ..* ; PROVIDING FOR AEPEALEE; E:IFt7.7r,T7.PROVIDENS FOR SEi NCE; —.1VIOING FOR RDRLICATI:'". The fo ing ordinance mas re az fcr tne el -s: time .f.t.1 palmed to its second reading by the fT1QVna vote: 3ample, Gr.st, 1ias. end Zarsky vatlna, "Aye"; Jones, Dumphy and Turner, °absent. FIRST RIZI Ire MANAGER IC CIENTE ; CO1CIES1016 ACREEPENT WITH MR. ROGER JAHNEL, SERV/CES, INC. Or DENVER, COLORADO, SAID AGREEMENT TO AUTHORIZE TO OPERATE THE CONCESSIONS AT THE HEMDRIAL COLISEUH, PATIO AND EXPOSITION GJA!17Y E, 1981, AND EPOING AT 11759 P.N. ON JANUARY 6, 1986, AS MORE IN THE CONCESSIDNS "EMENT. A SUBSTANTIAL COPY OF WHICH IS ATTACHED D EXHIBIT "A". AND :11 A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second re by the following vote: Sample. Best, Diaz, and Zarsky voting. "Aye"; Jones, and Turner, 'absent". SECOND ING: t ding hy ESTABLISHING INDUSTRIAL DEVELOPMENT AREA. The foregoing ordinance was read for the second time and passed to fts third and final re ding by the fallowing vote: Sample, Best, Diaz, and Zarsky voting, "Aye": Jones, y and Turner, "absent'. SECOND READING: AMENDING THE CODE DF ORDINANCE, CITY OF CORPUS CHRISTI, TEXAS, VOLUME 1/, CHAPTER 55 UTILITIES, ARTICLE IV. GAS RATES AND CHARGES, SECTION 55-51 CLASSIFICATION OF COST AND soluma OF RATES, AS SET -FORTH IN illkt4NANCE NO. 15701, AS DED, SO AS TO C GE THE SCI LE OF GAS RATES FOR ALL CUSTT: '" OF THE CITY -OWNED GAS DISTRIBUTION 'TEN BY PROVIDING A NEW SCHEDULE OF RATES FOR ALL CUSTOMERS; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance um$ red for the second time and passed to fts third and final trading by the fallowing voce- Semple. :est. Dtaz, and Zarsky voting, "Aye"; Jones. Dumphy and Turner. "absent". R SEC ' DING: AMENDING ORDINANCE NO. 15579 AOOPTIhu THE 19B41-01 FtOSET OV INCREASING THE ESTIMATED REVENUE FROM E0CAS SALES B. 51,235,C00, FROM S23,20,100 TD S23.495,100 AND TO 0 T11 B 1 FOR GAS PURCHASES BY INCREASING OPERATING EXPENDITURES BY 51.205,000 S17,359,000 TO 518,554,000 DUE TO AN INCREASE IN INC PURCHASE PRICE OF GAS SOLD 8Y THE CITY'S SUPPLIER. The foregoing ordinance was read for the second tiie and passed to its third and final reading by the followina vote: Semple, Belt, Diaz, and Zarsky vatting, 'Aye'; Jones. and Turner, "absent% m Regular Council Meeting Reteater 17. 1960 Page 20 THIRD READING - ORDINANCE AO. 15933: AMENDING THE PLAITING ORDINARCE. SECTION /V, DESIGN STANDARDS. SU3SECTION r. PARKS AND PLAYGROUNDS, BT ADDING A NER PIRAGRAPH, TO BE NUMBED 2,STATING THAT ANY FIR& PLAT AFFIRMED RY THE PLANNING COMMISSION 6ITHIN SIX 1.3THS FROM MAY 7, 1980 THAT IS LOCATED IN THE AREA NORTH OF HIGHWAY 437 AND WEST OF THE PRESENT CITY LIMITS OF THE CITY OF CORPUS CHR/STI IS DEVELOPED FOR INOUS7RIPJ, PURPOSES IS EXEMPT FRON ANY PARm AND RECREATION REQUIREMENTS; AMEND/AG SUBPARAGRAPH (d) OF SUBSECTION F. PAWS ARO PLAYGROUNDS. BY ADDING TO THE AREAS EXCEPTED FROM PARK DEDICATION ANY PROPERTY WHICH RAS DIPROVED FOR PURPOSES OTHER THAN AGRICULTURE USES PRIOR TO MARCH 15, 1963 AND NOT BEING SUBDIVIDED; AND PROVIDING FOR SEVERABILIly. The foregoing ordinance was read for the third time and passed finally by the following vote: Sample, Best, Diaz, and Zarsky voting. "AYR"; Jones. Dunphy and Turner, *absent". THIRD READING - ORO/NANCE NO, 1S934: AMENDING THE COOE OF ORDINANCES, CITY OF CORPUS CHRIST/, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 12-47. CHAPTER 12,rr.....611AYS_BOAT.,S_ANDRATERWAY; AUTHORIZING THE MARINA SUPERINTENDENT 70 ALLOW CoPtiERcI,.. ourummyt5TosECC-TREIR CURRENTIVWS CATCH FROM THEIR BOATS WITHIN THEIR ASSIGNED SLIPS; PROVIDING FOR WRITTEN PERMITS, PERMIT FEES, PUBLIC LIABILITY INSURANCE REQUIREMENTS; AHD PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Sample, Best. Diaz. and Zarsky voting, "Aye"; Jones. Dunphy and Turner, "absent". THIRD READING - ORDINANCE HO. 15935: AMENDING THE L -HEAD BAITSTAND LEASE, AUTHORIZED BY ORDINANCE NO. 14692-A, TO PROVIDE THAT THE LESSEE MAY CANCEL AT ANYTIME UPON GIVING PRIOR WRITTEN NOTICE TO THE CITY 60 DAYS IN ADVANCE OF THE CANCELLATION DATE. The foregoing ordinance was read fur the third time and passed finally by the fo/Towing vote: Sample, Best, Diaz, and Zarsky voting. "Aye"; Jones..Dumphy and Turner. "absent". THIRD READING - ORDINANCE NO. 15935: 41ITOORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR LEASE AGREEMENT FOR GRAZING PURPOSES WITH LEROY K. FENTON ARD WIFE. PEGGY J. PERM FOR A TRACT OF LAND CONTAIN/NG IPPROxIPATELY 4 ACRES OUT OF LOT 3, SECTION 14, BOHEMIAN COLONY LANDS (BEING A PART OF TA ELLIOTT SANITARY LANDFILL) REWIRING DECD./ER /. 1980, ALL AS HUE FULLY SET FORTH PART HEREOF. MARKED EXHIB/T IN THE LEASE AGRODENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AHD MADE A 'he foregoing ordinance was read for thr third time and passed finally by the following vote- Sample. Best. Diaz, and Zarsky voting, "Aye"; Jones. Dunphy and Turner, "absent". ORDINANCE AV. 15937: AUTHORIZING THE CITY WAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF TWO EASEMENTS IN CONNECTION 14/111 THE 0.4131ALE DRIVE SANITARY SEWER LATERALS PROJECT, NO. 250-77-31; APPROPRIATING OUT OF THE NO, 250 SANITARY SEWER BOND FUND THE SUM OF 51,015 FOR ACQUISITION; AND DECLARING AN EMERGENCY, The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Sample. Best, Dfaz, and Zarsky voting, 'AM': Jones, Dunphy and Turner, 'absent". ORDINANCE AO. 15938: AUT THE CITYMPIAER 70 rxecorromwsmot214t 2 TO 771! COMUCTWEV ISLES CONSTROCTIOY CDAPAAPFOR REMISTROL7'10A. OF 77fELA842AREA 57825T5 WHICH PROVIDESFOR Ram DF'A CONCRETE MEDIAN IN AGNES STREET FROM PORTAIME nsr STREET, A suesutorrAL COPY GF WHICH CHANGE ORDER IS ATTACHED HERETO AND MADE A PART HEREOF HARKED EXHIBIT 'A"; APPROPRIATING 59,745.25 OUT OF THE NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NJ. 220-77-2.7, LAMAR AREA STREET IMPROVEMENTS; AND DECLARING AN EMERGENCY. Charter Rule was suspended and the foregoing ordinance palltd-by Trie-A511754ing"v e, Best, Diaz. and Zarsky voting, 'Ay; Jones, Dumphy and Turner, "absent'. Minutes Regular Council Meeting December 17, 196:1 Page 21 ORDINANCE MD. 15939: AUTHORIZIISG THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THOMAS F. DORSEY FOR TEAL ESTATE APPRAISAL SERVICES FOR THE ACQUISITION OF FOUR PARCELS (1A, 4, 6, 7) IN CON- NECTION WITH 7HE WASHINGTON-COLES AREA UNIT II STREET IMPROVEMENTS, PROJECT 220-77-2.12, AS MORE FW.LY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH I5 ATTACHED ►ER JQ. E SHIBIT "A'; AP?RUPRIATINE OUT OF THE .VO. 220 STREET BO!TO FUND UE SUN OF $2.200 FOR SAID SERVICES: AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Saeple. Best. Diaz. and Zarsky voting. "Aye"; Jones, Duwphy and Turner, "absent'. ORDINANCE NO. 15940: AMENDING OPDINARCE NO. 8127, THE COMPENSATION PLAN FOR THE CITY OF CORPUS CHRISTI. A5 AMENDED. BY AMENDING SUBSECTION 551.6 SO A5 TO ENABLE EMPLOYEES WO ADVANCE TO A HIGHER PAY GRADE AS A RESULT OF A RECLASSIFICATION CHANGE TO RECEIVE THE NEXT INCREASE WHICH THEY MOULD HAVE OTHERWISE BEEN ENTITLED TO RECEIVE BY LONGEVITY HAD THE POSITION NOT BEEN RECLASSIFIED OR THE STEP THEY WOULD EARN NEXT AT THE NEW GRADE, WHICHEVER SHOULD OCCUR FIRST; PROVIDING AM trrtl.iIVE DATE; PROVIDING FOR SEVERANCE, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Sample. Best, Diaz, and Zarsky voting, "Aye"; Jones. Dumphy and Turner, "absent'. ORDINANCE NO. 15941: AMENDING ORDINANCE NO. 15898, PASSED AND APPROVED BY THE CITY COUNCIL, ON NOVEMBER 26, 1980, 10 CORRECTLY REFER TO THE MINIMUM PAYMENT SUBSECTION IN ARTICLE III (e) OF EXHIBIT 1 OF THE ORDINANCE. AND TO CORRECT THE CRITERION FOR DETERMINING WHEN AN INDUSTRY MUST MAKE A MINIMUM PAYMENT IM ARTICLE III (f) OF EXHIBIT I OF THE ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Saaple, Best. Diaz. and Zarsky voting. Aye", Jonas, Dunphy and Turner. "absent'. OaT?INANCE NO. 15942: CLOSING AND ABANDONING A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 5 AND 6, BLOCK 4. '8TERSTATE INDUSTRIAL COMPLEX, AS SHOWN BY AAP WHICH IS RECORDED IN VOLUME 44. PAGES Ida AND 72S, M4P RECORDS OF !NIECES MUMTY, TEXAS. SUBJECT TO REPLATTING BY THE PROPERTY OWNEIS; AND DECLARING AN EMERR,ENCT_ The at. tram .AL7eivvts suspended and the nar_*gtr iq drirdsoce passed by the wtrllaviay rate: Saarple, 'fest, t7fer, end Iarsiy rating, %t'e ; 010rres, Orapte end Turner. absent`. ORDINANCE NO. 15943: AUTHORIZING THE CITY MANAGER TO SUBMIT A TWO AND ONE-HALF M11NTH BUDGET AMENDING THE TWELVE-MONTH BUDGET FOR THE ELDERLY NUTRITION PROGRAM PERIOD FROM OCTOBER 1, 1580 TO SEPTEMBER 30, 1981 TO OCTOBER 1, 1980 TO DECEIVER 15, 1980 AND AMENDING THE TWELVE MONTH BUDGET ACCORDINGLY, ALL AS MORE FULLY SET FORTH IN THE GRANT APPLICATION, A SUBSTANTIAL COPY OF WHICH I5 MARKED EXHIBIT "A'. ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING THE CITY ?TANAGER TO EXECUTE ALL CONTACT AMENDMENTS AHD OTHER DOCUMENTS ACCESSORY TO CONTINUE AFORESAID PROGRAM, IF AND WHEN THE GRANT IS APPROVED; AND DECLARING AM EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Sample. Best, Diaz, and Zarsky voting. "Aye"; Jones. Dumphy and Turner, "absent". Minutes Reveler Council Meting December 17, 1900 P49E 22 ORDINANCE O. 15944: MIX. !ZING THE CITY MARAEP TO EXECUTE INTERGOVERNMENTAL COOPERATION AGREEMENT WITH THE AliEZES COUNTY AITORNEY's OFFICE MR COUTINUATION OF TRE WITNESS COORDINATOR PROGRAM, ALL AS MORE RELY SET SORER E T AGREEMENT, A SUBSTANTIAL COPY OF *UCH IS ATTACHED HERETO AJ) MADE A FART HEREOF, KAPKED EIHLEIT "A"; AND DECLARING AU 'EWERCENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Sample. Best, Diaz, and Zarsky voting. 'Aye"; Jones, Dunphy and Turner. "absent". ORDINANCE No. 15945: AUTHORIZING AK ESCROW AGREEWENT WITH THE DEVELOPER OF WOODLAKE APARTMENTS, KAMM AS LAKEVIEW ACRES. BLOCK 2. LOTS 13 AND 14, WHEREBY THE DEVELOPER WILL CREATE AN ESCROW ACCOUNT WITH STEWART TITLE COMPANY AND DEPOSIT IN THE ACCOUNT THE FUNDS REQUIRED FOR THE EXTENSIONS OF SEWERS AND WATER IN THE AMOUNT OF 522,870.75 IN CONSIDERATION OF THE RELEASE OF THE PLAT Of LAKEVIEW ACRES, BLOCK 2, LOTS 13 AND 14, A SUBSTANTIAL COPY OF WHICH ESCROW AGREEMENT IS ATTACHED HERETO AND MADE A,PART HEREOF, MARKED EXHIBIT *A"; AND DECLARING AR EMERGENCY. Tice Charter Rule was suspended and the foregoing ordinance passed by the following vote: Sample, Best. Diaz, and Zarsky voting, "Aye"; Jones, Dunphy and Turner. "absent". ORDINANCE NO. 15946: AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT APPLICATION FOR FEDERAL FINANCIAL ASSISTANCE UNDER THE FEDERAL WATER POLLUTION CONTROL ACT OF 1972. PUBLIC LAN NO. 92-500, AND ALL RULES AND REGULATIONS PURSUANT THERETO, ON THE SECOND PHASE OF THE McARDLE ROAD SANITARY SEWER SLIPL/NING, TO BE SUBMITTED TO THE ENVIRONMENTAL PROTECTION AGENCY THROUGH THE TEXAS DEPARTMENT OF WATER RESOURCES; DESIGNATING THE CITY MANAGER, R. MARVIN TOWNSEND. OR HIS SUCCESSOR, AS THE AUTHORIZED REPRESENTATIVE FOR THE CITY OF CORPUS CHRISTI, AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER DOCUMENTS REQUIRED TO COMPLETE THE PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Sample. Best. Diaz, and Zarsky voting. "Aye'; Jones, Dunphy and Turner. 'absent'. OFZINANCE WJ. 15947: APPROVING A SETTLEMENT AND PROPOSED JUDGMENT IN CAUSE NO, 78-4079-C, JAMES D. BLAIR, ET AL V. THE CITY OF CORPUS CHRIST/. TEXAS, ET AL, PENDING IN THE 94TH JUDICIAL DISTRICT COURT OF NUECES COUNTY, TEXAS; AUTHORIZING THE CITY ?AUGER ID EXECUTE SETTLEMENT AGREEMENT ACCORDING TO THE SUBSTANTIAL COPIES OF SAID DUCUPENTS ATTACHED; AMENDING THE BUDGET FDR THE FISCAL YEAR 1980-81 TO ALLOW PAYMENT OF THE CITY'S PART OF SUCH SETTLEMENT; APPROPRIATING $200,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE CITY'S WATER FUND IN PAYMENT THEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Sample. Best, Diaz, and Zarsky voting, 'Aye": Jones. Dunphy and Turner, "absent". ORDINANCE NO. 15948: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT WITH URBAN ENGINEERING, CONSULTING ENGINEERS, FOR ENGINEERING SERVICES TO BE PERFORMED IN CONNECTION WITH THE CONSTRUCTION OF THE SECOND PHASE OF THE OcARDLE ROAD SANITARY SEWER SLIPLINING PROJECT, WHICH PROVIDES FOR A SCOPE OF SERVICE CORRESPONDING WITH THE CITY'S STEP GRANT APPLICATION, AS MORE FULLY SET Mani IN THE AMENDMENT. A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, PARKED EXHIBIT "A"; APPROPRIATING $124,259 OUT OF THE NO. 250 SANITARY SEWER BOND FUND APPLICABLE TO PROJECT NO. 250-77-7.1. McARDLE ROAD SANITARY SEWER SL/PLINING. suaJEct TO APPROVAL FROM THE TEXAS DEPARTMENT (IF WATER RESOURCES AND THE ENVIRONMENTAL PROTECTION AGENCY; AND OECLARING AM EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Sample. Best, Diaz, and Zarsity voting, 'Aye"; Jones, Dunphy and Turner. "absent". Miotes lar ,1 Nket;pg 7.1 23 Mayor Pro Ten 1'e called for petitions or information from the audience on mailers not scheduled on the agenda. Mrs. Henrietta rry, representfr,g the Corpus Christi Association for Rita " Citizens, referred to her previous request for recreation faciiitfes for the reta end related the steps that she had taken with the Park Department the Park Board. Mrs. -_,,. rry stated that the Park Board had suggested that she contact the i1 to have this listed on the agenda. She _xplafned that her still •. not have a recreation center designated for their use and they would like to have Linda]. Recreation Center exclusively between 1:00 end 5.00 p.a. on Fri and on Sa morning. City Ma r Towisend info Mrs. Dewberry that it was his understand- ing that the Park peps .,, =t had worked s:=,., thing out with her but *.a.,- nted that since f •. in the amount of =8.000 had also been requested, possibly this is why there is a _,r for Council action. Nation by Diaz that this matter be listed on the Council agenda for discussion. s ,.a_ + by Best, and passed by the following vote: Sae{ile, Best, Diaz and Zarsky voting "Aye"; Jones. 0 1ry, and Turner, absent. * Council ;,,, r Turner had departed the Council Chamber at 5:30 p.m. during the Special Council Meeting. Motion by Best that thhe Regular Council Meetings scheduled for Decw=W.er 24. 1980 (Christmas Eve) and Dec..,°.r 3I. 1980 (New Year's Eve) be conducted et 8:30 a.m.; seco by ifiaz; and passed by the following vote: Sample. Best, Diaz and Zersky voting "Aye"; Jones, Dunphy and Turner. absent. Council . ,•er Diaz suggested that the City Limit signs have the popula- tion figures changed es soon es possible. and City Manager Townsend explained that this is a function of the State Department of Highways and Public Transpor- tation, but that he x111 request that this be done. There being no further business to come before the Council, on motion by Best. seco . by Diaz, and passed unanimously, the Regular Council Meeting was adjourned at 5:14 p.m.. De er 17, 1980.