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HomeMy WebLinkAboutMinutes City Council - 01/21/1981• MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 21, 1981 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Edward L. Sample Council Members: Dr. Jack Best Jack K. Dumphy Leopoldo Luna Cliff Zarsky ABSENT: Council Member Betty N. Turner City Manager R. Marvin Townsend Asst. City Attorney Bob Coffin City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Father James Tamayo of St. Patrick's Catholic Church, following which the Pledge of Allegiance to the Flag of United States was led by Council Member Leopoldo Luna. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones announced the issuance of a proclamation designating January 15, 1981 as "DOCTOR MARTIN LUTHER KING, JR. MEMORIAL DAY". Mayor Jones called for appointments to Boards and Committees. City Manager R. Marvin Townsend reminded the Council that there is a need to replace Council Member David Diaz on the following boards: Coastal Bend Council of Governments, the Executive Committee of the Coastal Bend Consortium, and the Nueces County Community Action Agency. Motion by Best that Council Member Luna be appointed as a member of all three boards; seconded by Sample; and passed unanimously. City Manager Townsend noted that Mr. Tom Basile was the City's representative for Mr. Diaz on the Community Action Agency Board and inquired if Mr. Basile should continue as the representative for Mr. Luna. Mr. Luna indicated his concurrence. Motion by Best that Council Member Betty Turner, who was out of the City, be excused for just cause; seconded by Sample; and passed unanimously. * * * * * * * * * * * KROBLMED sEp191984 Minutes Regular Council Meeting January 21, 1981 Page 2 Mayor Jones called for the City Manager's Reports. City Manager Townsend pre- sented the following items with related comments and explanations and recommended that: a. Bids be received February 10, 1981 for a catering van for Senior Community Services to transport food for home and meal site deliveries. On August 20, 1980, the City Council approved a grant for purchase of the van. Currently, a passenger van with over 97,000 miles is used to deliver meals. b. Bids be received Tuesday, February 10, 1981 for 3 replacement self-propelled patch rollers for the Street Division. On December 10, 1980, two bids were rejected because they were too high. Two additional possible bidders have been located. c. Bids be received February 10, 1981 for twelve months supply or approximately 330 anodes for the Gas Division for cathodic protection of gas lines to retard corrosion. d. Bids be received February 10, 1981 for approximately 840 cast iron mechanical joint fittings, 100 cast iron flanged end fittings, 230 swivel hydrant fittings, 375 ductile iron retainer glands and 4,750 miscellaneous bolts, nuts and gaskets (a six month supply) for the Water Division. e. Bids be received on February 10, 1981 for a twelve month supply of hydrogen peroxide (approximately 680,000 pounds) to be used by Wastewater Services for odor and corrosion control and in-line treatment at the Broadway and Westside Plants and the McArdle trunk main. f. A two year supply of #2 diesel or approximately 594,000 gallons be purchased from Susser Petroleum Company on the basis of the most advantageous bid of $646,197.60. The apparent low bids for a one year contract of $311,513.90 and $316,283.70 by Tideport Petroleum Inc. and Texas Star Service, respectively, of Corpus Christi are not recommended because they are subject to price fluctuation. Susser's bid is firm for two years. The Bureau of Labor Statistics Producer Price Index for refined petroleum products increased 22.8% during 1980. Bids were received only from the above three firms. Although bids were solicited for a one year agreement, Susser has offered the City a two year agreement. City Manager Townsend explained that this is an unusual bid at a firm price and Susser Petroleum Company has offered to supply the #2 diesel for two years rather than one year. He stated that the Staff feels that since Mr. Susser is a good businessman, the bid is in order. Mayor Pro Tem Sample questioned this and suggested that a copy of Mr. Susser's bid be sent over from the Purchasing Department. City Manager Townsend stated that unless Mr. Susser's bid was qualified in some way, perhaps within Federal regulations, that the Purchasing Agent did not determine, he is responsible for his bid for two years. Council Member Dumphy stated that he had also questioned the bid and had caller Mr. F�Ilo assured him that he was sincere in his bid. i Minutes Regular Council Meeting January 21, 1981 Page 3 g. Plans and specifications for sanitary sewer and restroom improvements at the Kennedy Causeway be approved and bids be received February 18, 1981. This 1977 Bond project provides for a sanitary sewer lift station and collection system to serve the baitstands and recreation vehicles in the area. The existing restroom building is to be renovated with installation of new plumbing fixtures, doors, electrical work and perimeter concrete. The lift station will pump to the existing collection system in the nearby developed area. h. Lot 19, Block 3, San Pedro Addition, at 707 Dolores Street, be sold to an adjoining property owner, Mr. Alvaro Aguirre D. for $1,750. The vacant lot is of substandard size (25' X 100'), is zoned "A-1" (Apartment House District) and was acquired by the City at a Sheriff's delinquent tax sale on April 3, 1973. The other adjoining property owner has provided written certification that he has no interest in acquiring the property. A 10' utility easement located on the northern portion of Lot 1-R and adjoining Lots 2, 3, 4 and 5, Cormar Industrial Tracts, be abandoned at the request of B. D. Holt Company. The company has requested the easement abandonment to permit building expansion. All affected departments concur. The area involved is located south of Padre Island Drive and east of Hendricks Street. A twelve month supply of water treating chemicals for swimming pools and the Airport be awarded to the following firms on the basis of low bid: Dynamic Chemicals International, Corpus Christi 650 gallons of muriatic acid $ 520.00 6,900 pounds of sulphuric acid 793.50 Subtotal $1,313.50 Amerigas, Inc., Corpus Christi 63,750 pounds of liquified chlorine $15,937.50 Grand Total $17,251.00 These were the only two bids received. Price comparison shows an increase of approximately 30% since July, 1979. No bids were received for dry granular chlorine, caustic soda, bicarbonate of soda and soda ash. The first three items will be purchased on the open market as needed. It is recommended that bids for 75,000 pounds of soda ash be received on February 10, 1981. The current supplier said he inadvertently did not bid. k. The appointment of Mrs. Debra J. Andrews to the position of Chief Accountant, Grade 35, be confirmed. Mrs. Andrews is a graduate of the University of Houston (1975) with a major in Accounting and a Certified Public Accountant (1977). She was employed by the City on September 12, 1977 and has supervised Internal Auditing for 3 years. 1. Arturo Vasquez and Company be appointed to provide the final audits on State Library System grants for 1978-79 and interim audits on the grants for 1979-80 at a cost not to exceed $3,550. The grants total $881,477. The fee for interim audits last year was $2,550. Minutes Regular Council Meeting January 21, 1981 Page 4 m. The following actions be taken regarding Timbergrove Lane Improvements from Violet Road to Jackson Woods, Unit I Subdivision: (1) The public hearing on paving assessments held on January 14, 1981, be closed. .,• (2) The preliminary assessment roll be adopted providing 1 dor assessments of $51,989.84 on 49 parcels. The roll has been revised to reflect Mr. Holly's recommended adjustments. (3) A contract for $206,998 be awarded to B&E Construction Company for street improvements and $214,000 be. -appropriated for the contract award, laboratory testing, engineering and related expenses. n. A public hearing be held on February 4, 1981 for contractual annexation of two tracts of land. The first consists of 102.92 acres and is located on the northwest corner of Everhart Road and County Road 26, south of Saratoga Boulevard. The second tract is approximately 11 acres along Clarkwood Road approximately 3,650' south of U. S. Highway 44 (Agnes Street). o. The City cede to Port Aransas an additional 1/2 mile of its extra- territorial jurisdiction south of the existing city limits at such time as the area involved is annexed into Port Aransas as long as such annexation is finalized within 6 months. The area extends from the Corpus Christi city limits at the edge of the Gulf approximately 1/2 mile to a line parallel to and east of Mustang Island Park Road and from the existing Port Aransas city limits established May 15, 1980 to a line perpendicular to the Park Road 1/2 mile south of the city limits. The property involved is owned by the Piper family and various individuals associated with the King Ranch. p. The following water contracts for outside -city -limits customers in previously platted subdivisions be approved: 1. Ms. Sandra Reidda - Lot 26, Block 235, Tradewinds, 15526 Escapade Street. 2. Ms. Sandra Reidda - Lot 13, Block 241, Tradewinds, 14109 Whitecap Boulevard. 3. Plant and Field Services, Inc. - Lot 1, Block 1, Covington Industrial Tracts, 8213 Up River Road. 4. Best Constructors, Inc. - Lot 20, Block 5, Commodores Cove #1, 13706 Primavera Drive. Covington Industrial Tracts is located at the corner of Up River Road and Tuloso Road. The other properties are located on Padre Island. q. An agreement between the Texas Employment Commission and the City as the administrative unit for the Coastal Bend Consortium be authorized for proration of rental, copying and telephone costs at the Sinton, Kingsville and Alice Field Centers for one year beginning October 1, 1980. r. A 5' water easement be closed across a 0.968 acre tract owned by the City. The easement is located on property south of Padre Island Drive at the immediate east end of the bridge over the Cayo Del Oso. No utilities exist in the 5' easement. The property is being platted by the City. It was acquired as the result of settlement of a lawsuit with Mr. Krause regarding an easement for a high pressure gas line. Minutes Regular Council Meeting January 21, 1981 Page 5 s. A contract for architectural services be approved with Mr. John Olson for design of a 4 -field lighted softball complex in Bill Witt Park. The 1977 Bond project is included in a Texas Local Parks, Recreation, and Open Space Fund approved grant. The softball complex will be similar to the Greenwood Park Complex previously designed by Mr. Olson. Credit would be given against the usual architectural fee for reuse of a sizeable portion of the Greenwood Park plans. An appropriation of $29,600 is needed. Council Member Zarsky commented that the architect's fee is a little less than the usual charge. City Manager Townsend explained that Mr. Olson will use some of the plans which he prepared for Greenwood Park; the Civil Engineering portion will all be new; and the architect will probably subcontract this out. t. Bids be received at 11:00 a.m. on February 10, 1981, for the following equipment for the Convention Center: Quantity Description Cost Estimate 4,000 Thermoplastic stack chairs and $81,000 6 dollies 1,500 Upholstered straight chairs and 47,000 3 dollies 200 8' x 30" folding tables and 35 dollies 28,000 200 8' x 18" folding tables 23,000 200 5' round folding tables and 20 dollies 36,000 1 40' x 60' portable stage and related 86,000 equipment 1 60' x 45' portable dance floor, caddy 26,000 and molding The equipment will be needed when the convention center opens April 1. Funds are available in the convention center bond fund. Council Member Best questioned the gold color selected for the chairs for the Convention Center, particularly since blues and browns have been used predominantly. He stated that he felt that blue would be more aesthetically pleasing. City Manager Townsend explained that this is the architect's responsibility, but it is possible that his selection is questionable. Mr. Bill Hennings, Director of Inspections and Operations, assured the Council that the architect had approved the color selected. Mr. Hal Peterson, Convention Center Manager, explained further that this parti- cular color was selected because they already have 750 of the chairs at the Convention Center. Minutes Regular Council Meeting January 21, 1981 Page 6 Mr. Harold Zick, Director of Finance, introduced to the Council Mrs. Debra J. Andrews who had just been appointed to the position of Chief Accountant. Mayor Jones congratulated Mrs. Andrews on her appointment to this position. u. The following equipment repairs in excess of $5,000 be noted: (1) A 1978 Warner & Swasey Gradall 440 hydraulic excavator for $5,594.10 by Gerald Machinery. The repairs include boom roller assemblies, tool cylinder, swing brake, hydraulic pump, and replacement of hydraulic hoses. (2) A 1965 D8H Caterpillar bulldozer for $9,555.72 by B. D. Holt Co. The repairs include a major engine overhaul. The bulldozer is used at the sanitary landfills and was damaged by vandals during the night of December 24. Council Member Best suggested that some device be installed on City's heavy equipment in order to prevent vandals from starting the engines and ruining so many pieces of equipment. Dr. Best pointed out that this was an unfortunate incident which cost the City $9,955. Council Member Zarsky stated that there are methods other Cities are employing to prevent such vandalism and suggested that this City investigate these possibilities. v. Three lawsuits with Mr. and Mrs. Robert Cornell be settled for $5,550 with $5,000 to be paid by the City and $500 by TML Workers Compensation Fund. The settlement includes: 1) a County Court damage suit case by Mrs. Cornell alleging personal injury and emotional distress; 2) a workers compensation claim by Mr. Cornell; and 3) a Federal court employment discrimination case by Mr. Cornell. All of the cases arose from Mr. Cornell's employment with the City. City Manager Townsend explained that there are actually three lawsuits; he does not believe that the City has any liability with Mr. and Mrs. Cornell; the lawsuits are against the City and against Mr. Pat Scarborough who is now deceased; but the City Attorneys feel that after lengthy lawsuits, it is better to settle the cases than to continue litigation. Mr. Townsend stated that he personally does not approve of settling lawsuits that the City feels are wrong but since the only other witness to these events is deceased, he is recommending this settlement. Council Member Zarsky inquired if there is any way that the City can eliminate any admission of employment discrimination in connection with these lawsuits. City Manager Townsend replied that the settlements states very strongly that it is not an admission of any wrongdoing in settling the lawsuits. Minutes Regular Council Meeting January 21, 1981 Page 7 Assistant City Attorney Jimmy Bray agreed and stated that the Legal Department denies any liability and any agreement to the charges made. Mr. Bray continued by explaining some of the events that involve Mr. Scarborough and Mr. and Mrs. Cornell. Council Member Best indicated that he is very concerned that the City is settling the lawsuits even though they feel sure that they are innocent and City Manager Townsend assured the Council that he did not usually recommends said settlements when the City is not at fault. Mr. Bray explained that Mr. and Mrs. Cornell had originally asked for $50,000, but after their attorney discussed it with them and informed them that that was totally unreasonable this is the amount that they finally agreed to. City Manager Townsend reiterated that the lawsuits could go to trial but; this would cost the City a great deal of money and there would be difficulties encountered in getting witnesses to the events. Mayor Pro Tem Sample stated that he did not like the settlement but he will vote for it because there seems to be a reluctance on the part of the City to go forward on this. City Manager Townsend again assured the Council that if they are hesistant about settling,the City is ready to pursue this lawsuit. Mayor Jones expressed the opinion that the Legal Department could perform more beneficial work rather than continuing to pursue these particular lawsuits. Council Member Luna indicated that he is not in favor of settling this lawsuit and Council Member Dumphy agreed that the City should not let employees get away without paying their debts and he questioned whether the lawsuit should be settled. He inquired if there was anything to prevent Mr. Cornell from filing another lawsuit. Assistant City Attorney Bray explained that in regard to these instances, Mr. Cornell would be barred on the employment discrimination suit because it was a broad based suit and there would be so little basis for him to file another lawsuit. Council Member Zarsky stated that he was of the opinion that this was a nuisance settlement and agreed that it should be settled. Mr. Bray explained that the City's Legal Department is ready to go to trial on everything but the federal case and this could be a long drawnout matter which would take a great deal of time. Minutes Regular Council Meeting January 21, 1981 Page 8 Motion by Luna that the three lawsuits be settled, seconded by Zarsky, and passed by the following vote: Jones, Sample, Dumphy, Luna and Zarsky voting, "Aye"; Best voting "Nay"; Turner, "absent". w. Rental rates be established for convention center facilities, and auditorium charges be increased approximately 33%. The basic rental rates would be 6$ per day per square foot of exhibit space for conventions, and 8$ for trade shows. Consumer exhibit shows, promotional dances, and similar commercial events would be charged 10% of gross ticket sales. Charges for separate rentals would range from $75 to $200 for the meeting rooms, and from $200 to $600 for the banquet hall. Other charges proposed include rental of City owned equipment, box office services, catering fees, and covered parking. The recommended rates would be comparable with those charged at similar facilities in other cities. Mayor Jones called for comments from the audience on the City Manager's Reports. Mr. George Prowse, Attorney representing the Piper Land Company, referred to item "o" which is the recommendation for the City of Corpus Christi to cede to Port Aransas an additional 1/2 mile of its extraterritorial jurisdiction. Mr. Prowse stated the Piper Land Company owns a strip of land which is presently under this extraterritorial jurisdiction and which the City of Port Aransas wishes to annex. He referred to an exhibit which was attached to the proposed ordinance and located the land owned by his client. Mr. Prowse informed the Council that Piper Land Company does not have any interest in the lands lying to the east but they own 530 acres to the west and the strip of land proposed for annexation by Port Aransas would be out of this 530 acres. Mr. Prowse stated that there are some legal problems involved in this proposed annexation which the City Attorney might wish to study a little further. He also pointed out that there are some restrictions on cities annexing strips of land 500' wide unless the land is contiguous to the City. He stated that his clients are not in favor of the annexation by Port Aransas and they are concerned about the entire island. He informed the Council that his clients prefer that their land remain under the jurisdiction of the City of Corpus Christi because they can better control the land than the City of Port Aransas. Mr. Prowse pointed out that if this is approved,part of his client's land would be under Port Aransas and part would be under the City of Corpus Christi. He therefore suggested that this 250 foot wide strip of land be excluded from the annexation. He also expressed the opinion that Corpus Christi should not relinquish any of their rights. Minutes Regular Council Meeting January 21, 1981 Page 9 Mayor Jones suggested that this item be delayed for one week to provide an opportunity for Port Aransas Officials to discuss this. City Manager Townsend referred to the 500 foot limitation on land to be annexed unless it is contiguous to the City annexing and Assistant City Attorney Bob Coffin explained that their interpretation is that the entire annexation must be greater than the 500 feet and this tract complies in that it is much greater than that. Council Member Dumphy inquired as to why the City of Port Aransas did not wish to annex the other portion of this acreage. City Manager Townsend explained that the City had received a letter from the City of Port Aransas dated July, 1980 in which they stated that they wanted to annex. He stated further that the follow-up letter indicatesthat they plan to move down the island and over to the Gulf with their annexation and he did not know why they did not annex the entire acreage unless it was because of their 10% limitation each year. Mr. Prowse pointed out that Port Aransas did not plan to provide any services other than the water district for which his clients already pay taxes. City Manager Townsend expressed the opinion that the City of Port Aransas can probably meet the tests as far as services required are concerned. Council Mender Best noted that the ordinance is on three readings and suggested that the Piper Company consider annexing their entire 500 acres. He suggested also to Mr. Prowse that he discuss this matter with the Port Aransas Officials. Mr. Prowse stated that his clients would be willing to voluntarily annex their property to Corpus Christi but not Port Aransas. Mayor Jones pointed out that the City of Corpus Christi could not provide services because their property is too far away. Mr. Thomas Piper informed the Council that they are paying Port Aransas Water District and the School District taxes and he does not think that they will provide any further services if they annex the property. City Manager Townsend pointed out that they are providing some such as fire protection, water and sewage. .Council Member Zarsky asked Mr. Prowse if he intended to make his objections known to Port Aransas Officials and Mr. Prowse stated that they would go to every meeting in Corpus Christi and the ones in Port Aransas at which this subject is discussed. City Manager Townsend noted that possibly the King Ranch also does not concur with this proposed annexation. Minutes Regular Council Meeting January 21, 1981 Page 10 Council Member Zarsky suggested to Mr. Prowse that he contact the other property owners who are scheduled to be annexed by Port Aransas to discuss this matter. Mayor Pro Tem Sample commented that possibly Mr. Prowse and Mr. Piper are concerned that the Port Aransas standards of development are not as high as those of the City of Corpus Christi. City Manager Townsend informed the Council that the Staff will make a report on this and the Referendum Election held recently in Port Aransas in regard to the development requirements. Council Member Best suggested to Mr. Prowse that he meet with the City of Port Aransas Officials prior to this City's next meeting. Motion by Luna that the first reading of the ordinance ceding land to Port Aransas be scheduled for February 25, 1981; seconded by Dumphy; and passed unanimously by those present and voting. Council Member Turner and Mayor Pro Tem Sample were absent from the meeting at the time the vote was taken. There were no further comments on the City Manager's Reports. Motion by Sample that the City Manager's Reports items "a" through "w" be approved, seconded by Zarsky, and passed unanimously. * * * * * * * * * * * Mayor Jones announced the public hearing on the following street closing: Closing a small stub street in Castle Park, Unit 1, at the intersection of Lombardy Drive and Castle Park Drive and abandoning a 10' utility easement in the subdivision. This application was made by the developer of Castle Park Unit 4, Lots 35 and 36, Block 2, through Urban Engineering. There are no plans to extend the street for which the original stub street was provided. City Manager Townsend informed the Council that this street was not necessary because there are no plans to extend the street. Mayor Jones ascertained that no one in the audience wished to speak on this matter. Motion by Sample that the hearing be closed, seconded by Zarsky, and passed unanimously. Motion by Sample that the small stub street in Castle Park, Unit 1, at the intersection of Lombardy Drive and Castle Park Drive be closed and a 10 -foot utility easement in the subdivision be abandoned; seconded by Zarsky; and passed unanimously. ********** Minutes Regular Council Meeting January 21, 1981 Page 11 Mayor Jones announced the public hearings on two zoning applications. City Manager Townsend announced the public hearing on Application No. 1280-8, K -Six Television, Inc., for a change of zoning from "A-2" Apartment House District to "I-2" Light Industrial District on Lots 3, 4, 6, 10, 11, 12 and 13, Block 47, Bluff Portion located between Waco Street and Artesian Street south of Comanche Street. City Manager Townsend informed the Council that the Planning Commission recommends denial and in lieu thereof that "B-5" Primary Business District be approved and the Staff recommends that "B-4" zoning be approved in lieu of the "I-2" requested. Mr. Townsend stated that in response to the notices of the publication, 8 in favor and 9 in opposition had been returned. Chief Planner Larry Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, showed slides of the area and stated that the applicant requested the zoning for a site for television studios and production facilities. Mayor Jones invited the applicant to speak at this time. Mr. Vann M. Kennedy, President of K -Six Television, Incorporated, informed the Council that they would be happy to accept the "B-5" instead of the "I-2"requested. He complimented the Planning Commission for their time and consideration. Mayor Jones ascertained that no one else in the audience wished to speak on this application. Motion by Sample that the hearing be closed, seconded by Dunphy, and passed unanimously. Motion by Dumphy that the requested zoning of "I-2" be denied but in lieu thereof that "B-5" zoning be approved on Application No. 1280-8; seconded by Best; and passed unanimously. * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 1280-10, Nueces Development Company, for change of zoning from "R-2" Multiple Dwelling District to "R -1B" One -family Dwelling District on Tract A and to "A-1" Apartment House District on Tract B, Tract A being Country Estates Unit 9, and Tract B being 1,867 acres out of the Gregorio Farias Grant. The property is located on both sides of Brookhill Drive and Countryside Circle, south of McBurnett Drive. City Manager Townsend noted that both the Planning Commission and the Planning Staff recommend approval and that in response to the notices of the public hearing, 6 Minutes Regular Council Meeting January 21, 1981 Page 12 in opposition and 0 in favor had been returned. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area and pointed out the land on which the applicant plans to construct single-family dwellings and apartments. Mayor Jones ascertained that no one in the audience wished to speak on this zoning application. Motion by Sample that the hearing be closed; seconded by Luna; and passed unani- mously. Motion by Sample that the requested zoning of "R-16" on Tract A and "A-1" on Tract B for Application No. 1280-10 be approved; seconded by Luna; and passed unanimously. * * * * * * * * * * * Mayor Jones announced the consideration of the following pending zoning matters: Motion by Sample that both items listed below be removed from the table, seconded by Luna, and passed unanimously. a. Mr. J. R. Keeling from "AB" to "B-5" on Lots 1 and 2, Block 31, Bluff Portion, located at the northwest corner of Artesian and Comanche Streets. This application was heard on December 17, 1980 and tabled for further Commission review. City Manager Townsend informed the Council that the Planning Commission has met to consider recommending "B-5" zoning for this entire area and they have agreed that this would be good zoning. Motion by Best that the hearing be closed, seconded by Sample, and passed unani- mously. Motion by Best that the zoning of "B--5" for this application be approved; seconded by Dumphy; and passed unanimously. b. Mr. G. Rudolph Garza, Jr. from "AB" and "B-1" to "B-5" on Lots 5, 6, 7, and 8, Block 31, Muff Portion located on the south side of Lipan Street between Waco and Artesian Streets. A public hearing was held on December 17, 1980 and tabled for further Planning Commission review. City Manager Townsend informed the Council that this zoning matter is in the same area on which the Planning Commission has recommended "B-5" zoning. Motion by Best that the hearing be closed, seconded by Sample, and passed unani- mously. Minutes Regular Council Meeting January 21, 1981 Page 13 Motion by Best that "8-5" zoning be approved on this application, seconded by Dumphy; and passed unanimously. * * * * * * * * * * Mayor Jones called for the ordinances. City Manager Townsend briefly explained the ordinances on the agenda; there were no comments from the audience on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: THIRD READING - ORDINANCE NO. 15978: AUTHORIZING A TWO-YEAR LEASE AGREEMENT WITH THE CORPUS CHRISTI INTERNATIONAL SEAMEN'S CENTER, INC., FOR A PORTION OF THE PARK AND RECREATION BUILDING, AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". (First Reading - 1/7/81; Second Reading - 1/14/81) The foregoing ordinance was read for the third time and passed finally by the following vote: Jones, Sample, Best, Dumphy, Luna and Zarsky voting "Aye", Turner absent. ORDINANCE NO. 15980: AUTHORIZING THE CITY MANAGER TO CONVEY BY SPECIAL WARRANTY DEED TO MR. ALVARO AGUIRRE D. THAT TRACT OR PARCEL DESCRIBED AS LOT 19, BLOCK 3, SAN PEDRO ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A CASH CONSIDERATION OF $1,750.00, ALL AS MORE FULLY SET FORTH IN THE SPECIAL WARRANTY DEED, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Dumphy, Luna and Zarsky voting "Aye", Turner absent. ORDINANCE NO. 15980: CONFIRMING THE APPOINTMENT OF MRS. DEBRA J. ANDREWS TO THE POSITION OF CHIEF ACCOUNTANT BY THE CITY MANAGER, PURSUANT TO CITY CHARTER ARTICLE III, SECTION 3; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Dumphy, Luna and Zarsky voting "Aye", Turner absent. ORDINANCE NO. 15981: CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREET: Timbergrove Lane, from Violet Road to Jackson Woods, Unit I, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE; THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Dumphy, Luna and Zarsky voting "Aye", Turner absent. Minutes Regular Council Meeting January 21, 1981 Page 14 ORDINANCE NO. 15982: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH B&E CONSTRUCTION COMPANY FOR CONSTRUCTION OF STREET IMPROVEMENTS TO TIMBERGROVE LANE; APPROPRIATING $214,000 OUT OF THE NO. 220 STREET BOND FUND, OF WHICH $206,998 IS FOR THE CONSTRUCTION CONTRACT AND $7,002 IS FOR ADDITIONAL ENGINEERING, LABORATORY TESTING, AND RELATED EXPENSES APPLICABLE TO PROJECT NO. 220-77-46, TIMBERGROVE LANE IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Dumphy, Luna and Zarsky voting "Aye", Turner absent. ORDINANCE NO. 15983: AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTER -AGENCY AGREEMENT WITH THE TEXAS EMPLOYMENT COMMISSION FOR THE JOINT USE OF PREMISES PRESENTLY BEING LEASED BY THE CITY FOR THE EMPLOYMENT OPPORTUNITIES PILOT PROGRAM FIELD CENTERS AS FOLLOWS: 1. SINTON CENTER 182-7020; 2. KINGSVILLE CENTER 182-7023; AND 3. ALICE CENTER 182-7026, WITH THE COMMISSION PAYING TOTAL TEC/CETA INTAKE, CERTIFICATION, AND ASSESSMENT PROGRAM USE COST FOR EACH RESPECTIVE LEASEHOLD TOGETHER WITH A PRO RATA SHARING OF TELEPHONE, COPYING AND OTHER MISCELLANEOUS COSTS THAT MAY ARISE, BUT NOT INCLUDING WATER, SEWAGE SERVICES, UTILITIES AND JANITORIAL SERVICES, FOR A TERM OF TWELVE (12) MONTHS COMMENCING OCTOBER 1, 1980, ALL AS MORE FULLY DESCRIBED IN THE INTER -AGENCY AGREEMENT FOR JOINT USE OF PREMISES, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Dumphy, Luna and Zarsky voting "Aye", Turner absent. ORDINANCE NO. 15984: CLOSING AND ABANDONING A 5 -FOOT WIDE WATER EASEMENT DEDICATED AND RECORDED IN VOLUME 923, PAGES 494 THROUGH 496, NUECES COUNTY DEED RECORDS, ORIGINALLY GRANTED TO THE NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER 2, AND LOCATED WITHIN A 0.968 ACRE PORTION OF LOT 1, SECTION 41, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Dumphy, Luna and Zarsky voting "Aye", Turner absent. ORDINANCE NO. 15985: AUTHORIZING THE CITY MANAGER TO EXECUTE AN ARCHITECTURAL CONTRACT WITH JOHN OLSON FOR DESIGN OF A FOUR -FIELD LIGHTED SOFTBALL COMPLEX IN BILL WITT PARK, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", APPROPRIATING $29,600 OUT OF THE NO. 291 PARK BOND FUND WHICH WILL BE PARTIALLY FUNDED BY THE TEXAS LOCAL PARKS, RECREATION AND OPEN SPACE FUND (PROJECT NO. 20-00003), APPLICABLE TO PROJECT NO. 291-77-9, SOFTBALL COMPLEX; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Dumphy, Luna and Zarsky voting "Aye", Turner absent. Minutes Regular Council Meeting January 21, 1981 Page 15 ORDINANCE NO. 15986: AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT WITH ROBERT CORNELL AND ANITA CORNELL IN SETTLEMENT OF THREE COURT CASES, ALL AS MORE FULLY SET FORTH IN THE COMPROMISE SETTLEMENT AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Dumphy, Luna and Zarsky voting "Aye", Best voting "Nay", Turner absent. ORDINANCE NO. 15987: ABANDONING THE 10' WIDE UTILITY EASEMENT LOCATED BETWEEN LOT 1-R AND LOTS 2, 3, 4 AND 5, CORMAR INDUSTRIAL TRACTS, AS SHOWN BY PLAT RECORDED IN VOLUME 44, PAGE 35, AND BY PLAT RECORDED IN VOLUME 25, PAGE 65, BOTH IN THE MAP RECORDS, NUECES COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Dumphy, Luna and Zarsky voting "Aye", Turner absent. ORDINANCE NO. 15988: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, CHAPTER 36, ARTICLE III, PROVIDING FOR RENTAL CHARGES AND REGULATIONS AND AUTHORIZING THE CONVENTION CENTER MANAGER TO EXECUTE LEASE AGREEMENTS FOR THE RENTAL OF THE BAYFRONT PLAZA CONVENTION CENTER FACILITIES, AND DECLARING AN EMERGENCY. ORDINANCE NO. 15989: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON 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 PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF K -SIX TELEVISION, INC. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 3, 4, 6,..10, 11, 12 AND 13, BLOCK 47, BLUFF PORTION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT TO "B-5" PRIMARY BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Dumphy, Luna and Zarsky voting "Aye", Turner absent. ORDINANCE NO. 15990: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON 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 PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF NUECES DEVELOPMENT COMPANY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT A FROM "R-2" MULTIPLE DWELLING DISTRICT TO "R -1B" ONE FAMILY DWELLING DISTRICT AND TRACT B, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" MULTIPLE DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting January 21, 1981 Page 16 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Dumphy, Luna and Zarsky voting "Aye", Turner absent. ORDINANCE NO. 15991: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON 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 PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF J. R. KEELING BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 AND 2, BLOCK 31, BLUFF PORTION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B=5" PRIMARY BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Dumphy, Luna and Zarsky voting "Aye", Turner absent. ORDINANCE NO. 15992: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON 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 PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF G. RUDOLPH GARZA, JR. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 5, 6, 7 AND 8, BLOCK 31, BLUFF PORTION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "AB" PROFESSIONAL OFFICE DISTRICT AND "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-5" PRIMARY BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The. Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Dumphy, Luna and Zarsky voting "Aye", Turner absent. * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Rosendo Barrera, 2610 Brawner Parkway, telephone 855-1539, referred to the planned ordinance dealing with people who purchase coins, gold and silver from citizens of this City. Mr. 8arrera stated that he is president of a coin club and recommended that the Council be very careful in the preparation of the ordinance to not damage the dealers who are honest and who will be attending a convention which is planned in 1983. He stated that dealers will be attending this convention from all over the world. He informed the Council that in the State of Louisiana, honest coin dealers were charged $700 because of the existence of an ordinance that required this. Mr. Bar explained that many dealers would not be able to pay a large fee to sell their Minutes Regular Council Meeting January 21, 1981 Page 17 coins at a Numismatic Society Convention. Mayor Jones assured Mr. Barrera that the Council had just instructed. the City Manager to present a proposed ordinance that will contain about six items such as licensing, etc. He stated that the Council does not anticipate that the ordinance will damage the people buying and selling coins at a convention. Mr. Barrera stated that the coin dealers attending conventions only conduct business on the convention floor; they carry insurance; and they just want to be sure that the ordinance does not apply to their kind of situation. Mr. Benny Benavides addressed the Council and referred to statements made by the Ku Klux Klan in their efforts to force all Mexican Nationals out of the United States. Mr. Benavides urged that the Council pass a resolution to the effect that the Ku Klux Klan will be subject to arrest and fines if they come into Corpus Christi to disrupt relations between the Mexicans and the Anglos. Mayor Jones assured Mr. Benavides that if members of that organization disrupt the City and disobeyed City laws, they will be arrested. Mayor Jones made a personal observation to the effect that the Ku Klux Klan is an unworthy organization and is personally disgusting to him. Council Member Luna agreed with the Mayor's observations. Mr. Bob Reynolds appeared before the Council and presented each of the Council Members a copy of the ordinance pertaining to the sale or purchase precious metals that was passed by the City of Beaumont. Mr. Reynolds read a letter to the Council urging passage of an ordinance and suggesting strongly that the ordinance should include: (1) require proper identification of all sellers; (2) insure the right of the police to inspect all items purchase; (3) require records of the sale and a good description of the items be kept;.(4) require a permit for any dealer engaged in the business of buying used jewelry or precious metals; and (5) require that all items be kept for no less than 48 to 96 hours before being resold or melted down. Mr. Reynolds continued his presentation by informing the Council that at least two local metals buyers and the local independent insurance association support a reasonable ordinance and he was of the opinion that most citizens would support it also. Mr. Reynolds stated that he is especially concerned about passing such an ordinance because metals dealers had no scruples about purchasing precious metals from young people who have stolen property in order to support a drug habit indicating that he is not trying to deter the metal buyers but is just concerned about the thefts of gold and Minutes Regular Council Meeting January 21, 1981 Page 18 silver items by drug users. Mr. Reynolds then related a personal incident in which he had property stolen from him and which was subsequently sold to a metals dealer. He requested that he be provided with a copy of the proposed ordinance to study before it is passed so that he might provide more input. Also speaking in favor of such an ordinance was Mrs. Rose King, President of the Independent Insurance Agents of Corpus Christi. She read a letter of support from the insurance agents in which they requested that the City of Corpus Christi work toward a solution of the problem of theft and burglary which is compounded when precious metals venders are allowed to receive merchandise and are not required to register with the police either the identify of the seller or a description of the merchandise being sold which could then compared to police records of stolen merchandise. Mr. Paul Earls, 4333 Dolphin, also indicated his concurrence with the passage of such an ordinance regulating the sale of precious metals. Mr. Earls again expressed his concern over the condition of the marina and referred to his previous appearance before the Council at which time he suggested that a temporary office be installed at the marina. Mr. Earls informed the Council that the Marina personnel still do not even have a telephone and again urged that a temporary office be considered and particularly, a telephone to make emergency calls. Mr. Earls continued by saying that he had received a letter from George Gable concerning funds collected for electrical service. He stated that he had discussed this with friends at the Marina and they feel that the City should not collect funds for electrical service when they have not even been rendered and objected to being charged for such service. City Manager Townsend explained to Mr. Earls that the Marina has been hit by a hurricane; the City has to have funds to make the needed repairs; and this represents a'tremendous expense for the City and they do not have the funds readily available. Mr. Townsend questioned whether the idea of some kind of a refund should be considerdd since the Marina does not even make a profit or even meet expenses. He reminded Mr. Earls that the City is considering increasing the rates for boat slips at the Marina and suggested that the Council increase the rates and then determine whether or not some ' kind of refund should be made to the boat owners for the period of time when they had no electricity. He informed Mr. Earls that there are no sources to draw upon for refunds. Mr. Earls again voiced his objection to the letter from George Gable. Minutes Regular Council Meeting January 21, 1981 Page 19 Council Member Zarsky commented that according to what the City Manager had said and if Mr. Earls concurs, in his opinion it seems that the boat owners are better off with their current conditions and current rates rather than having an increase in rates and a refund for electrical charges. Mr. Earls expressed the opinion that the boat owners should not have to pay all the expenses for the Marina because the Marina is an attraction for other citizens and tourists', and if the City expects the boat owners to pay all expenses, the Marina should be exclusively for their use. Mrs. June McKinley, Executive Director of the Coastal Bend Kidney Foundation, stated that the Buccaneer Days Commission has requested"that their^organization parti- cipate in Buccaneer Days by conducting a chili cook -off and stated that they would like to request that three blocks of Shoreline Boulevard be blocked off for this purpose during Buccaneer Days. Mayor Jones suggested that this matter be on the agenda the next week for discussion. • * Mayor Pro Tem Sample departed the meeting" at 5:10 p.m. Council Member Luna stated that he is not opposed to the chili cook -off but since it is to be conducted in May, it was his opinion that this should be up to the next Council. , , City Manager Townsend pointed out that they have requested a very prominent location for this event and stated that he would like for Mr. Tom Stewart, Director of Traffic and Transit, to consider other alternatives because there could be a problem in having this event at this location. Mrs. McKinley stated that she would like to have this'`approved today. City Manager Townsend explained to her that this could ndt be acted On today because the item was not posted and an ordinance could not be passed without posting; therefore, no action could be taken today. He informed Mrs. McKinley that Mr. Stewart will study the matter and make a recommendation to the Council next week. ' Motion by Best that this matter be listed as an agenda item next week, seconded by Dumphy, and passed unanimously. City Manager Townsend reminded the Council that there is a need to appoint members of the Board for the Mental Health -Mental Retardation and suggested a joint meeting might be held with Nueces County Commissioners Court on this matter. City Manager Townsend also referred to Legislation that has been introduced at Minutes Regular Council Meeting January 21, 1981 Page 20 a State level to authorize the deannexation one mile of the Gulf of Mexico and inquired if the Council wished the Staff to make the State Officials aware that this City is opposed to this Legislation. Mayor Jones pointed out that the City is the only entity that is doing anything to protect the beaches at this time and he questioned whether or not the State plans to control any drilling or other activities in the Gulf. He agreed that this should be on the agenda next week for discussion by the Council. There being no further business to come before the Council, on motion by Best, seconded by Luna, and passed unanimously, the Regular Council Meeting was adjourned at 5:15 p.m., January 21, 1981 * * * * * * * * * *