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HomeMy WebLinkAboutMinutes City Council - 02/18/1981MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 18, 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 Betty N. Turner Cliff Zarsky City Manager Marvin Townsend Ass't. 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 Sister Martha O'Hare of Incarnate Word, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Edward L. Sample. City Secretary Bill G. Read called the roll of required charter officers and verified that a necessary quorum was present to conduct a legally constituted meeting. Mayor Jones announced the issuance of the following proclamations: "BLACK HISTORY WEEK" - February 22-28,1981 and "SOUTHSIDE LIONS 25TH ANNIVERSARY DAY"- February 23, 1981. Mayor Jones then administered the oath to new appointees to Boards and Committees. * * * * * * * * * * * * * * * * Mayor Jones recognized Mayor Pro Tem Sample who desired to make a statement. Mayor Pro Tem Sample greeted the , people in the audience and announced that he has made a decision in, regard to his candidacy for the City Council. He mentioned that he had served on the City Council for six years and expressed the opinion that his basic purpose for being here is to make this aliffiLMED SEP 191984 Minutes Regular Council Meeting February 18, 1981 Page 2 a better place in which to live. He thanked the citizens of Corpus Christi for allowing him the opportunity to serve. Mayor Pro Tem Sample then announced that he would not run for the City Council in the next election but urged that a balanced Council in regard to the number of minorities be returned to serve as the City Council. ********** Mayor Jones called on Council Member Leopoldo Luna to speak. Council Member Luna introduced a number of visitors in the audience who were members of the winning boys' and girls' basketball teams of Incarnate Word Academy. Mayor Jones then requested that each student introduce themselves. ********** Motion by Dumphy that the Minutes of the Regular Council Meetings of January 7, 1981, January 14, 1981, January 21, 1981, January 28, 1981 and February 4, 1981 and the Special Council Meetings of January 7, 1981, January 14,1981, January 21, 1981, January 28, 1981, February 4, 1981 and February 11, 1981 be approved as presented; seconded by Zarsky; and passed unanimously. ********** Mayor Jones then announced bid openings on the following projects: a. Sanitary sewer and restroom improvements at the Kennedy Causeway. This 1977 bond project provides for a sanitary sewer lift station and collection system to serve the bait stands and recreation vehicles in the area. The existing restroom building will 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. Mr. James K. Lontos, Director of Engineering and Physical Development, explained that this project will be bid with an alternate as well as the base bid. He then opened bids from the following firms: Heldenfels Brothers, Inc., Maverick Construction and Isles Contruction Company, all of Corpus Christi. He verified that the required bid security bond had been submitted with each`bid. Noting the large disparity between the lowest and highest bid, Mayor Jones requested that a report be prepared for the Council on the reasons for the difference in the bidding. utes ,ular Council Meeting ,.bruary 18, 1981 .Page 3 City Manager Townsend assured him that such a report would be prepared. b. Food service equipment and its installation at the Corpus Christi Community Convention Center. The Restaurant Association has assisted in developing the specifications. Mr. Lontos then opened bids from the following companies on this item: Metro Restaurant Supply, Southern Food Equipment, Glastov and Austin Restaurant Supply Company. Mr. Lontos informed the Council that the bid from Austin Restaurant Supply Company did not include a bid bond and the company only submitted a total rather than a bid for proposals "a" and "b". A representative of SHWC, Incorporated estimated that the work on this project should be completed by May 31, 1981. ********** Mayor Jones called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanations and recommended that: a. Bids be received March 10, 1981, for approximately 13,300 reams (500 sheets per ream) of paper, 30,000 sheets of cover stock, and 1,140 reams of no -carbon forms. b. Bids be received March 10, 1981 for approximately 230 1" to 16" lubricated plug valves for the Gas Division. c. Bids be received on March 10, 1981, for 25,500' of copper pipe for the Water Division. This is an estimated three months supply. Bids are not solicited for more than 3 months because the price of copper fluctuates frequently. d. Bids be received March 10, 1981, for a twelve months supply of water and gas pipe repair clamps, couplings, saddles and adapters including approximately 1,550 full circle clamps, 30 steel pipe repair clamps, 525 bronze service saddles, 1,200 steel couplings, 30 PVC repair clamps, 30 adjustable bell joint clamps, 20 repair sleeves for cast iron pipe and 660 brass adapters and gaskets. Minutes Regular Council Meeting February 18, 1981 Page 4 e. Traffic signal equipment be purchased on the basis of low bid meeting specifications: Signal Engineering Co., Corpus Christi Lot I Lot IV Lot V 1 controller $ 5,134.00 2,000' cable 824.00 8 junction boxes 512.00 Total •$ 6,470.00 Doerr and Associates, Arlington Lot III, Item 1 - 10 Traffic Signals $ 1,590.00 Lot III, Item 2 - 2 Pedestrian Signals 326.00 Lot IV (2 Push Button Units) 39.60 Total $ 1,955.60 Minnesota Mining and Manufacturing Co., St. Paul, Minn Lot II - (23 Amplifiers) Total All Lots $ 7,797.00 $16,222.60 The apparent low bid of $2,116 by Doerr and Associates on amplifiers was for a one -channel amplifier instead of two -channel as specified. The apparent low bid of $1,570 by Signal Engineering Company on traffic signals was for signals with retaining clips instead of steel screws. Four bids were received. Price comparison ranges from an increase of 130% on push buttons since December, 1979 to a decrease of 9% on controllers since November, 1980. The equipment will be used to improve signalization outside the City limits at Oak Park Avenue and Buddy Lawrence Drive. Champlin Refining and Nueces County will pay for the improvements. Fixed time signals will be replaced with traffic -actuated units. Pedestrian -actuated walk signals will be added. f. A catering van for Senior Community Services be purchased from Creveling Dodge on the basis of only bid. Their bid of $9,903.78 will be reduced to $9,262.03 if the Chrysler rebate program is still in effect when Creveling Dodge places their order to Chrysler. On August 20, 1980, the City Council approved a grant application for purchase of the van. Currently, a passenger van with over 97,000 miles is used to deliver meals. Mayor Jones referred to item "c" and inquired about the necessity for so much copper pipe. City Manager Townsend replied that the copper pipe is used to connect meters to the lines which is at the City's expense. g• $4,010 be appropriated for an additional payment to General Motors for five buses purchased in December, 1979. This payment is for the weight incentive provision in the bid specifications which calls for a payment of $1.00 for each pound that these buses were delivered under a maximum curb weight of 24,750 pounds per bus. The total weight difference on the five buses was 4,010 pounds. This is a grant eligible expense. The City's share is 7%, with UMTA paying 80% and the State 13%. Payment has been withheld because of a pending lawsuit concerning General Motor's failure to comply with paint specifications on a separate bus purchase. To close out this particular grant, final payment must be made. UMTA has already paid their share. utes jular Council Meeting rebruary 18, 1981 Page 5 h. Cities Service Company be granted a permit to drill a well from a location within Mustang Island State Park and the use of earthen mud pits be permitted. The location of the Tract 2 Well No. 1 is 1,506.7 feet west of Park Road 53. The Land Drilling Ordinance prohibits drilling within 175 feet of a public park and the use of earthen mud pits. The Texas Parks and Wildlife Department has granted a permit for the well and the use of earthen mud pits. No other exceptions to the Land Drilling Ordinance are requested. Plans and specifications for expanding the parking lot at Greenwood Park Softball Complex be approved and bids be received on March 18, 1981. This 1977 bond project will provide an additional 57 parking spaces west of the existing parking lot on the Greenwood Drive side of the Complex. $528 be appropriated to supplement a previous appropriation for City storm sewer participation in Overland Meadows Unit II Subdivision. The City participated towards construction of a larger storm sewer within the subdivision so that a large drainage ditch could be eliminated. Due to a survey error in the original work by the City, it was necessary to extend an additional 16 feet of pipe at a cost of $528. The subdivision is located south of Leopard Street and west of McKenzie Road. k. An agreement with Gulfway Shopping Center be approved for a temporary roadway and construction easement ($1,200) on Gulfway Shopping Center property. The temporary roadway through the Center is proposed for traffic movement along McArdle while construction is under way. The construction easement is for City Utility Division material and equipment storage as a part of utility adjustments. The City Street Division will build the roadway and remove it after McArdle Road is opened to traffic. City Manager Townsend located the area of the proposed temporary street that is to extend through the parking lot of Gulfway Shopping Center to Crescent Drive. He also explained that the contractor intends to start the drainage work next Monday. Mr. I.ontos informed the Council that this temporary roadway will be constructed within the next two weeks and will be removed at the completion of the project. 1. Plans and specifications for drainage improvements in Starlight Lane and Shady Lane be approved and bids be received on March 18, 1981. This 1977 Bond Fund project will provide approximately 4,800 lineal feet of reinforced concrete storm sewer in sizes ranging from 15" through 54" diameter in Starlight Lane and Shady Lane in the Annaville area. in. A contract be awarded to Maverick Construction Company for $294,696.13 for Flour Bluff Sanitary Sewer South End Laterals. Bids from four contractors were received on February 11, 1981. This is a 1977 Bond project which will provide gravity sanitary sewers in the following streets: Summit Drive Rex Lane Laguna Shores Road Walker Drive Carp Drive Annette Drive An appropriation of $320,000 is recommended engineering inspection and related work. Claudia Drive Whiteley Drive Martha Drive for the contract, Minutes Regular Council Meeting February 18, 1981 Page 6 City Manager Townsend stated that the groundbreaking ceremonies for this last project will be set by next week. n. An agreement with E. H. Moore Homes, Inc. and J. R. Builders, Inc. developers of Breckenridge Unit I Subdivision, be approved providing for City participation of $17,047.80 for additional pavement strengthening of Everhart Road abutting the subdivision. Four inches of hot -mix asphalt and eight inches of caliche base are proposed for Everhart Road. The agreement provides for the City to pay for two inches of the four inches of hot -mix asphalt. All of Everhart Road south of Saratoga has been constructed with this design and with adjacent property owner participation. o. An agreement be authorized with Mr. Eugene H. Branscome, Jr., developer of Marks Tracts, Lot 2, Block 3, and Lot 1, Block 4, for reimbursement of one-half of the cost of improvements around a dedicated park ($20,338.18) in accordance with the Platting Ordinance. The subdivision is located at the southeast corner of Flynn Parkway and Corona Drive. p. The contract with the Junior League of Corpus Christi and the Corpus Christi Arts Council for the Senior Citizens Market Place, "The Porch", be renewed. The City provides volunteer support. No City money is involved. The renewed contract will be through May 31, 1981. The market sells arts and crafts made by senior citizens. The Junior League will provide $3,000 to defray rent, utility and other project expenses. The market is located at Town and Country Shopping Center. The contract is being renewed through May 31, 1981 which is the end of the Junior League's fiscal year. H. A temporary 4160 volt overhead power line ($7,488) constructed at the O. N. Stevens Water filtration plant at a cost in excess of $5,000 be noted. An underground 4160 volt power line between the water filtration building and the chemical building has failed. A second 4160 volt underground power line is encased in the same concrete as the one that has failed and is thus not reliable. The overhead power line will be utilized until the underground line is repaired or replaced during plant expansion. r. A contract be approved with the Boys' Club of Corpus Christi, whereby the City will reimburse the Boys' Club an amount not to exceed $80,000 for rehabilitation of the Boys' Club Swimming Pool. This project is part of the 4th Year Community Development Block Grant Program. The Boys' Club will contract for the work to be done according to plans approved by the City. City Manager Townsend explained that this is the last effort to resolve the Boys' Club project and they will negotiate with the subcontractors to complete the job under Mr. Lawrence Hans, the pool contractor. Council Member Zarsky asked about the total amount for the Boys' Club project and City Manager Townsend explained that the roof repairs and air conditioning cost $50,000 and this expenditure is in addition to that figure. Mayor Jones asked if the City would pay this amount to the contractor or to the Boys' Club and City Manager Townsend stated that this will be paid to the Boys' Club after the work has been completed. uses pular Council Meeting rebruary 18, 1981 Page 7 s. A contract with Black and Veatch Consulting Engineers be approved at a cost not to exceed $20,000 to update the water rate study made by the firm in 1977. The update is needed as support to obtain a bond rating for water revenue bonds to be sold for the expansion of the O. N. Stevens Water Treatment Plant. The raw water rate update will also be useful in preparation of a proposed contract for the sale of untreated water from Lake Corpus Christi to the Beeville Water Authority. City Manager Townsend informed the Council that this firm had previously prepared a study and it is critical that it be updated prior to the sale of water revenue bonds. t. The Land Drilling Ordinance be amended to clarify and define "commercial building" as being a structure from which new wells must be located a minimum distance of 400 feet. The ordinance now states "residences, or other permanent structure intended for human occupancy". A land owner has asked that this be clarified. There were no comments from the audience on the City Manager's Reports. Motion by Sample that the City Manager's Reports items "a" through "t" be approved; seconded by Turner; and passed unanimously. ********** City Manager Townsend presented for the Council's consideration the following tabled matter: Contract with the Corpus Christi Arts Council for the City to provide $7,000 for the Council's coordination of art activities. This item was tabled for one week on February 11 to determine if the contract could be written to support specific art projects rather than the general operations of the Arts Council. Motion by Turner that this matter be removed from the table, seconded by Best and passed unanimously. Motion by Turner that the $7,000 be used for coordination of arts activities, seconded by Luna, and passed unanimously. ********** Mayor Jones called for the ordinances. City Manager Townsend briefly explained the ordinances on the agenda and stated that there is a need to pass a motion to amend ordinance "c", which is the third reading pertaining to the industrial district agreement with Southwestern Refining Company. Mr. Townsend explained that the amendment is to incorporate in the ordinance the metes and bounds description of this industrial district. Minutes Regular Council Meeting February 18, 1981 Page 8 Motion by Best and seconded by Turner to approve the motion to amend the ordinance as follows: 1. Adding the required Exhibits "A" and "B" describing the lands to be included within the industrial district and the lands subject to the alternative method of calculating the in lieu of tax payment set forth in Article III (e), respectively. It passed by the following vote: Jones, Best, Dumphy, Luna, Turner and Zarsky voting "Aye"; Sample, "abstaining". Mayor Jones informed the Council that he had visited with representatives of a number of industries in the Port area and read a communication dated February 17, 1981 in regard to the request that the third reading of the ordinance authorizing the industrial district with Southwestern Refinery be postponed until after a meeting scheduled for Friday and signed by representatives of the following companies: Sun Petroleum Products Company, Coastal Petroleum Company, Saber Refining Company, Producers Grain Corporation, Central Power and Light Company, Champlin Petroleum Company ,Valero Energy Corporation, American Chrome & Chemical Company, and CenTex Cement Corporation. Mayor Jones said he had no objection to recommending a postponement of the third reading of the ordinance for one week. Mayor Jones called for comments from the audience on the ordinances. Judge Allen Wood informed the Council that he was present to speak on behalf of Coastal States Corporation. He read a statement in regard to his stand on the industrial district ordinance. He stated that he appreciated the fact that the Council has worked on this subject for many months, conducted many hearings, and informed the Council that a majority of the industries had met the preceding day to obtain a consensus of the industries on the industrial district ordinance. Judge Wood suggested that the third reading adopting the Southwestern Refinery industrial district contract be delayed for one week because the industries felt that improvements could be made to the City's ordinance. Judge Wood continued by stating that the industries felt that the , area as a whole should be designated as an industrial district and industries should be treated fairly and alike. He stated that if the Council is willing to consider modifications to the industrial district contract, he was of the opinion that the one week delay in passage of this ordinance is a reasonable request. utes pular Council Meeting February 18, 1981 Page 9 Council Member Best mentioned the fact that Mr. Frank Powell, an attorney with Coastal States, had been in this City for every meeting conducted on the industrial districts and at one time informed the Council that Coastal States did not intend to sign the agreement. Dr. Best expressed concern that now that one industry has agreed to sign the contract, all the other industries are protesting the ordinance but they did not give any guidance to the council when they asked for it during the public hearings and meetings conducted on this subject. He stated that the Council felt that the best possible copt^act had been devised. Council Member Dumphy pointed out that the formation of industrial districts had been considered many, many months ago and pointed out the necessity for this since the City does not have the authority to annex property. Mr. Dumphy also pointed out that all the industries involved have had an ample opportunity to present any information they desire and extending this particular ordinance one week will not produce anything new. Mr. Dumphy then inquired of the city attorney if an industrial district contract is signed and later amended, if the contract previously signed could be amended if it would be more beneficial to that industry if new terms are agreed upon on. City Attorney J. Bruce Aycock explained that the agreement does contain a favored nations clause so that if a better deal is given later to another company, Southwestern Refinery will be granted the same terms. Council Member Dumphy expressed the opinion that there is no need to delay this particular ordinance, but if the industries involved wish to present information later, the amendment could be made to the existing industrial district contract. Speaking on the same subject was Mr. Mike Kendrick, Attorney for Southwestern Refinery, who stated that he hoped that this ordinance would be passed that day. He informed the Council that he, too, had attended the meeting yesterday with the industrial district representatives, and he was of the opinion that the meeting was more destructive rather than constructive. He stated that at the time the Council was asking for input from the other industries, he felt that something good could be accomplished; however, Coastal States made the statement that they opposed the Southwestern contract and they have never retracted the statement to that effect. He pointed out that there are other industries in the City who have the same situation that Minutes Regular Council Meeting February 18, 1981 Page 10 Southwestern does. Mr. Kendrick stated that he felt that the basic opposition Is still prevalent and the industries are asking for a delay so that they can stop the Southwestern contract. He urged that this ordinance be read on its third reading today so that it can be completed. He pointed out that the only reason Coastal States is requesting a delay for one week is that they want to oppose the contract again next week. Mr. Kendrick expressed the opinion that other leaders are of the opinion that if Coastal States is leading them, they will obtain a better deal with the City on the industrial district contracts. Council Member Zarsky agreed that this request is just a subterfuge for additional time but he did not think that one week's delay would be detrimental. Mr. J. L. Laird, Manager of Sun Oil Refinery or Corpus Christi Refinery, stated that he wanted to clarify one statement made by Mr. Kendrick. He assured the Council that there is no way that he will come before the Council and oppose the signing of the agreement with Southwestern and that he does not intend to attempt to have the Council stall for an indefinite period of time, but he is of the opinion that there is more information that will be better for the City in regard to the industrial district contracts. He stated that he does not oppose the industrial districts and he plans to sign before the deadline. Council Member Best stated that he does not understand this present situation since the industrial district ordinance was read for three weeks; this ordinance pertains to a contract with Southwestern Refinery; and he questioned how the ordinance could be changed. City Manager Townsend noted that the basic ordinance is just an introductory ordinance. Council Member Best stated that he did not see how anything could be done in one week and if the ordinance is not going to be changed, postponing the third reading of this ordinance would just be wasting another week. The next speaker on this subject was Mr. Harold Alberts, Attorney, 702 Wilson Tower. 'Mr. Alberts stated that he was very interested in delaying the third reading of this ordinance due to the fact that according to the terms of the contracts, the City is actually taking some industries that are new and giving them special treatment on the in lieu of taxes. Mr. Alberts expressed the opinion that all industries should be treated the same. utes jular Council Meeting rebruary 18, 1981 Page 11 Council Member Zarsky explained that the reason that the Council worded the contract the way it is is to encourage new industry to locate in this area. Mr. S. E. Kelley, representing Central Power & Light Company,. informed the Council that his company does intend to be a part of the industrial district and will sign a contract and assured the Council that they are not conducting a delaying action. He did question, however, why a certain area could not be declared the industrial district rather than having separate contracts with each company to set up a number of different industrial districts. Mayor Jones explained that the contract is based on Texas law regarding extraterritorial industrial districts. City Manager Townsend also explained that to the best of his knowledge, there are no cities where a geographical area has been designated as an industrial district. He reminded the Council that another ordinance was passed covering certain areas that would be zoned for industrial use in the event they are annexed. Council Member Dumphy stated that the City's Legal Department has indicated to the Council that the only way industrial districts can be formed is with individual companies, and the Council cannot legally designate an area without signing contracts with individual companies, not an industrial area. Mr. Dumphy also noted that the Council has previously discussed all of the matters that have been brought up today and suggested that discussion end. He assured the industry representatives that industry is very important to the City; they provide many jobs that are tied directly to the industries as well as other companies; and the Council has done everything possible to provide them with an incentive to remain here in Corpus Christi. He also stated that the industrial districts were not formed merely to obtain taxes but to assure jobs and prevent a possible annexation of the various industries. He stated that he did not think that any further information that could be obtained within the next week would have any bearing on the existing contract. Mr. Dumphy then urged that the ordinance be passed today because he did not think any more changes could be made. He also noted that if someone devises a better contract, the contract with Southwestern Refinery could be amended so that they could take advantage of the change. Minutes Regular Council Meeting February 18, 1981 Page 12 Mr. Herbert Sager, Executive Vice President of Southwestern Refinery, agreed with Mr. Dumphy and pointed out that if the Council should decide to devise a new ordinance, there would be a delay of not one week but six or seven weeks. Mr. Jones indicated his concurrence and said that if a better ordinance is devised, the existing ordinance authorizing the industrial districts could certainly be amended. He stated that he did not believe it was in the best interest of the citizens of Corpus Christi for this ordinance to be delayod. There were no further comments on the ordinances. City Secretary Read polled the Council for their votes and the following ordinances were passed: FIRST READING: THE CORPUS CHRISTI CITY CODE, 1976 REVISION, AS AMENDED, BY AMENDING CHAPTER 35, OIL AND GAS WELLS, ARTICLE II, LAND DRILLING, SECTION 35-80, DISTANCE FROM RESIDENCES, BUILDINGS OR STRUCTURES, SO AS TO PROVIDE FOR A MINIMUM DISTANCE OF WELLS TO BE A MINIMUM DISTANCE OF 400 FEET FROM COMMERCIAL BUILDINGS AS WELL AS FROM RESIDENTIAL STRUCTURES AND OTHER PERMANENT STRUCTURES. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye". THIRD READING - ORDINANCE NO. 16041: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NEWELL E. FISHER, JR., DBA B -G'S MARINA, CONCERNING USE OF TRACT 6 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". (First Reading - 2/4/81, Second Reading -2/11/81) The foregoing ordinance was read for the third time and passed finally by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye". THIRD READING - ORDINANCE NO. 16042: AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH SOUTHWESTERN REFINING COMPANY, INC., FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 1"; EXEMPTING SUCH AREA FROM ANNEXATION AND PROVIDING FOR AN ANNUAL PAYMENT IN LIEU OF TAXES TO THE CITY DURING THE TERM THEREOF; ALL AS MORE FULLY SET FORTH IN THE INDUSTRIAL DISTRICT AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT 1. (First\Reading - 2/4/81, Second Reading - 2/11/81) The foregoing ordinance was read for the third time and passed finally by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye". utes jular Council Meeting rebruary 18, 1981 Page 13 ORDINANCE NO. 16043: AUTHORIZING ISSUANCE OF PURCHASE ORDERS FOR THE PURCHASE OF TRAFFIC SIGNAL CONTROL EQUIPMENT TO BE USED AT THE INTERSECTION OF BUDDY LAWRENCE DRIVE AND OAK PARK AVENUE, AND AT OTHER LOCATIONS (BID #229/80), SAID PURCHASE ORDERS TO BE ISSUED ON AN INDIVIDUAL LOT BASIS AS FOLLOWS: LOT I - THREE PHASE TRAFFIC SIGNAL CONTROLLER SIGNAL ENGINEERING COMPANY CORPUS CHRISTI, TEXAS $ 5,134.00 LOT II - LOOP VEHICLE DETECTION AMPLIFIERS 3-M COMPANY ST. PAUL MINNESOTA 7,797.00 LOT III - ONE-WAY, 8 -INCH TRAFFIC SIGNALS DOERS AND ASSOCIATES ARLINGTON, TEXAS 1,916.00 LOT IV - LOOP DETECTOR CABLE SIGNAL ENGINEERING COMPANY CORPUS CHRISTI, TEXAS 824.00 LOT V - TRAFFIC SIGNAL JUNCTION BOXES SIGNAL ENGINEERING COMPANY CORPUS CHRISTI, TEXAS 512.00 LOT VI - PEDESTRIAN PUSH BUTTON UNITS 39.60 $16.222.60 APPROPRIATING AND RE -APPROPRIATING A TOTAL OF $16,222.60, OF WHICH $9,442.60 IS OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-77-20.3, AND $6,780 IS OUT OF THE NO. 102 GENERAL FUND, ACTIVITY 3412, CODE 245; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye". ORDINANCE NO. 16044: AUTHORIZING A WEIGHT INCENTIVE PAYMENT OF $4,010 TO GMC TRUCK AND COACH FOR TWO BUSES PURCHASED FROM THE 1976 UMTA CAPITAL GRANT PROJECT NO. TX -05-0014 AND FOR THREE BUSES PURCHASED FROM THE 1978 UMTA CAPITAL GRANT PROJECT NO. TX -05-0036; APPROPRIATING OUT OF THE 218 TRANSIT BOND FUND FOR PROJECT NO. 218-72-3 TRANSIT SYSTEM CAPITAL IMPROVEMENTS (1976), AN AMOUNT OF $1,520, AND APPROPRIATING OUT OF THE 218 TRANSIT BOND FUND FOR PROJECT NO. 218-72-4 TRANSIT SYSTEM CAPITAL IMPROVEMENTS (1978), AN AMOUNT OF $2,490 FOR THE SAID PAYMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye". ORDINANCE NO. 16045: APPROPRIATING $528 OUT OF THE NO. 295 STORM SEWER BOND FUND FOR ADDITIONAL PIPE REQUIRED IN THE INSTALLATION OF THE OVERSIZED STORM SEWER SYSTEM IN THE OVERLAND MEADOWS SUBDIVISION, UNIT 2, WHICH SUPPLEMENTS $15,016 PREVIOUSLY APPROPRIATED, APPLICABLE TO PROJECT NO. 295-72-17, OVERLAND MEADOWS SUBDIVISION, UNIT 2, OVERSIZED STORM SEWER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye". Minutes Regular Council Meeting February 18, 1981 Page 14 ORDINANCE NO. 16046: AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT GRANT, RELEASE AND HOLD HARMLESS AGREEMENT WITH THE OWNERS OF THE GULFWAY SHOPPING CENTER PROVIDING FOR CONSTRUCTION OF A TEMPORARY ROADWAY ON THE PROPERTY ADJACENT TO THE CENTER TO PROVIDE ACCESS AND FACILITATE TRAFFIC MOVEMENT DURING THE CONSTRUCTION OF McARDLE ROAD, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING $1,200 OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-72-3, McARDLE ROAD, AIRLINE TO MT. VERNON PARK; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye". ORDINANCE NO. 16047: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MAVERICK CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE FLOUR BLUFF SOUTH END LATERALS; APPROPRIATING $320,000 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, OF WHICH $294,696.13 IS FOR THE CONSTRUCTION CONTRACT AND $25,303.87 IS FOR ADDITIONAL ENGINEERING, LABORATORY TESTING, LEGAL ADVERTISING, INCIDENTAL AND CONTINGENCIES, APPLICABLE TO PROJECT NO. 250-77-10, FLOUR BLUFF LATERALS SOUTH OF TROPIC ISLES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye". ORI5INANCE NO. 16048: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH EUGENE H. BRANSCOME, JR., DEVELOPER OF THE MARKS TRACT, BLOCK 3, LOT 2 AND BLOCK 4, LOT 1, WHICH AUTHORIZES CITY PARTICIPATION IN THE CONSTRUCTION OF IMPROVEMENTS AROUND THE DEDICATED PARK IN THE SUBDIVISION ALONG FLYNN PARKWAY, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $20,338.18 OUT OF THE NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NO. 220-77-48; AND DECLARING AN EMERGENCY. . The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye". ORDINANCE NO. 16049: AUTHORIZING THE CITY MANAGER TO RENEW A CONTRACT WITH THE JUNIOR LEAGUE OF CORPUS CHRISTI, INC. , AND THE CORPUS CHRISTI ARTS COUNCIL FOR ESTABLISHMENT OF A SENIOR CITIZENS MARKET PLACE FOR THE SALE OF ARTS AND CRAFTS MADE BY" SENIOR CITIZENS, ALL AS MORE FULLY SET FORTH IN THE 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, Best, Dumphy, Luna, Turner and Zarsky voting "Aye". tes Aar Council Meeting c.lruary 18, 1981 Page 15 ORDINANCE NO. 16057: AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE BOYS' CLUB OF CORPUS CHRISTI, WHEREBY THE CITY WILL REIMBURSE THE BOYS' CLUB AN AMOUNT NOT TO EXCEED $80,000 FOR THE REHABILITATION OF THE BOYS' CLUB SWIMMING POOL FROM THE 4TH YEAR COMMUNITY DEVELOPMENT GRANT PROGRAM, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, 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, Turner and Zarsky voting "Aye". ORDINANCE NO. 16050: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BLACK & VEATCH CONSULTING ENGINEERS FOR UPDATING OF THE WATER RATE STUDY MADE BY THE FIRM IN 1977 AT A COST NOT TO EXCEED $20,000, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye". ORDINANCE NO. 16051: ANNEXING THE FOLLOWING TRACT OF LAND: A 102.92 ACRE TRACT, MORE OR LESS, OUT OF LOTS 3 AND 4, SECTION 11, BOHEMIAN COLONY LANDS, IN NUECES COUNTY, TEXAS, AND MORE FULLY DESCRIBED HEREINAFTER, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER, ARTICLE I, SECTION 2(b); 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, Turner and Zarsky voting "Aye". ORDINANCE NO. 16052: ANNEXING THE FOLLOWING TRACT OF LAND: APPROXIMATELY 7.8 ACRES OF LAND OUT OF THE THOS. GALLAGHER 400 ACRE SURVEY NO. 402, ABSTRACT 988, REFERENCE DEED 209-587, HIGHWAY RIGHT OF WAY 885, 56, NUECES COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED HEREINAFTER BY METES AND BOUNDS, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER, ARTICLE I, SECTION 2(b); 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, Turner and Zarsky voting "Aye". ********** Mayor Jones announced public hearings on four zoning applications. Minutes Regular Council Meeting February 18, 1981 Page 16 City Manager Townsend announced the public hearing on Application No. C-1817, City of Corpus Christi, for change of zoning from "A-1" Apartment House District to "R -1B" One family Dwelling District on Lots 6 and 6b, Block 6, Cabaniss Acres, located on the north side of Carolyn Drive approximately 325' west of Ayers Street (Chapman Ranch Road). Mr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend approval and there was no response to the notices of the public hearing. 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 unanimously. Motion by Sample that the Council concur with the recommendation of the Planning Commission and grant the zoning of "R -1B" on Application No. C-181-7; seconded by Best; and passed unanimously. ********** City Manager Townsend announced the public hearing on Application No. 181-1, Mr. Ray J. Garcia, for a change of zoning from "A-2" Apartment House District to "I-2" Light Industrial District on Lot 5, Block 47, Bluff Portion, located on the West side of Artesian Street approximately 150' south of Comanche Street. City Manager Townsend stated that both the Planning Commission and the Planning Staff recommend denial of the "I-2" zoning but in lieu thereof that "B-5" zoning be approved. Mr. Townsend informed the Council that in response to the notices of the public hearing, one in favor and none in opposition had been returned. Mayor Jones inquired if anyone in the audience desired to speak on this application and there was no response. rtes ular Council Meeting .cnruary 18, 1981 Page 17 Motion by Sample that the hearing be closed, seconded by Turner, and passed unanimously. Motion by Sample that the Council concur with the recommendation of the Planning Commission and deny the requested zoning of "I-2" but in lieu thereof approve the zoning of "B-5" on Application No. 181-1; seconded by Luna; and passed unanimously. ********** City Manager Townsend announced the public hearing on Application No. 181-9, Mr. • R. F. Emmord, for a change of zoning from "A -I" Apartment House District to "AB" Professional Office District on the north one-half of the west one-half of Lot 3, Block 1, South End Addition, located on the east side of South Tancahua Street approximately 150' south of Park Avenue. 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, four in favor and none in opposition were returned. No one spoke in regard to this zoning application. Motion by Sample that the hearing be closed, seconded by Best, and passed unanimously. Motion by Sample that the Council concur with the recommendation of the Planning Commission and grant the zoning of "AB" for Application No. 181-9; seconded by Luna; and passed unanimously. ********** City Manager Townsend announced the public hearing to amend zoning Ordinance No. 6106, Article 24, Height Area and Bulk Requirements, Section 24-1, by amending Article 7, "R-2" Multiple Dwelling (Townhouses) District; MAXIMUM SQUARE FOOTAGE FLOOR AREA PER ACRE OF LOT AREA, by deleting the existing maximum square footage of floor area of 13,068 square foot per acre of lot area and inserting 21,780 square foot as a maximum floor area per acre of lot area and amending the FLOOR AREA FACTOR by deleting the existing floor area factor of .3 and inserting a floor area factor of .5. City Manager Townsend informed the Council that the Planning Commission had considered this amendment the previous evening and recommended approval. He also noted that there was no opposition expressed at the Planning Commission meeting and the Staff recommends that this change be made to allow for larger units with more open space and parking space. Minutes Regular Council Meeting February 18, 1981 Page 18 Chief Planner Larry Wenger explained that this amendment concerns the gross floor area that can be included in a district; it does not change the parking requirements or the open space requirements; and the Staff has observed that in some districts there is a desire by the developer to construct larger units than are allowed according to the existing ordinance. Mr. Wenger informed the Council that this portion of the ordinance pertains to either duplexes or fourplexes. He also stated that the Staff has investigated other areas of the state and they only found one that is comparable to this City's which allows in the "R-2" district only 13,068 square feet on one acre. He stated that this was in the City of Abilene which has a .36 floor area factor. Mr. Wenger expressed the opinion that it seems reasonable to increase this City's floor area factor from .3 to a .5 which will allow more units and the amendment will change the maximum floor area per acre of lot area from 13,068 square foot per acre to 21,780 square foot per acre. , Council Member Zarsky stated that he attended the meeting last night at the Planning Commission and the question was asked why there should be any limitation at all since the green area and parking requirements will not be changed. He noted that there is a consideration to eliminate the square footage in such cases. Mr. Wenger commented that this City requires 40% open space and other cities in the State have lot coverage of a greater percentage. Council Member Dumphy pointed out that this question is being examined in other cities and they are considering allowing more units per acre because of the high price of land and of construction. He suggested that this City study this matter further to determine whether or not even higher density should be allowed. He again suggested that the Staff determine what other cities are planning for the future. There were no further comments in regard to this proposed amendment. Motion by Sample that the hearing be closed, seconded by Luna, and passed unanimously. Motion by Sample that the Council agree to amend the Zoning Odinance as recommended, seconded by Turner, and passed unanimously. ********** ites alar Council Meeting rebruary 18, 1981 Page 19 City Manager Townsend presented the ordinances effecting the zoning changes during the preceding public hearings. City Secretary Read polled the Council for their votes and the following ordinances were passed: ORDINANCE NO. 16053: 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 OP CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 6 AND 6B, BLOCK 6, CABANISS ACRES SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "R -1B" ONE FAMILY DWELLING 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, Turner and Zarsky voting "Aye". ORDINANCE NO. 16054: 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 RAY J. GARCIA BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 5, 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, Turner and Zarsky voting "Aye". ORDINANCE NO. 16055: 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 R. F: EMMORD BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON N. 1/2 OF W. 1/2 OF LOT 3, BLOCK 1, SOUTH END ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE 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, Best, Dumphy, Luna, Turner and Zarsky voting "Aye", Sample abstaining. Minutes Regular Council Meeting February 18, 1981 Page 20 ORDINANCE NO. 16056: 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 IN PARTICULAR AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, BY AMENDING ARTICLE 24. HEIGHT, AREA AND BULK REQUIREMENTS, SECTION 24-1, ARTICLE 7, "R-2" MULTIPLE DWELLING (TOWNHOUSES) DISTRICT; MAXIMUM SQUARE FOOTAGE FLOOR AREA PER ACRE OF LOT AREA, BY DELETING THE EXISTING MAXIMUM SQUARE FOOTAGE OF FLOOR AREA OF 13,068 SQUARE FOOT PER ACRE OF LOT AREA AND INSERTING 21,780 SQUARE FOOT AS A MAXIMUM FLOOR AREA PER ACRE OF LOT AREA AND AMENDING THE FLOOR AREA FACTOR, BY DELETING THE EXISTING FLOOR AREA FACTOR OF .3 AND INSERTING A FLOOR AREA FACTOR OF .5; 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, Best, Dumphy, Luna, Turner voting "Aye", Sample and Zarsky abstaining. ********** Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Margaret M. Jones, 1302 Annapolis, addressed the Council in regard to the advisability of prohibiting smoking at the Lindale Senior Citizens Center. Mrs.' Jones presented a petition containing approximately 76 signatures supporting this request. She explained that a group of senior citizens avail themselves of the services at Lindale Recreation Center and are quite offended by the secondhand smoke of those who do 'smoke. She noted that only about 20% of the people attending events there smoke, and she felt that they should be provided with a small area rather than inflicting the secondhand smoke on the environment of the entire center. She suggested that. possibly other recreation centers should also have the same prohibition. Motion by Recreation Center. Council Member Best inquired if _since this is Turner that the Council prohibit smoking at the Lindale a public building, if smoking is not already prohibited, and Mrs. Jones expressed the opinion that that was true. City Manager Townsend explained that it would require sepatate action on the part of the Council to prohibit smoking at Lindale Recreation Center because the areas prohibited under the public. buildings do not include this type of building. ites ular Council Meeting .cnruary 18, 1981 Page 21 Mayor Jones stated that he would like to prohibit smoking but he feels that this should be an agenda item so that those who are in favor of smoking would be allowed to speak also. Council Member Luna suggested that a copy of this letter and petition be sent to Greenwood Senior Citizens Center before an ordinance is passed prohibiting smoking at Lindale. City Manager Townsend suggested that the Senior Citizens Advisory Board be notified of this issue so that they could provide the Council with input on the matter. He ascertained that the Senior Citizens Advisory Board has a meeting scheduled for March 5, and suggested that this be on the Council agenda for March 11, 1981 following their meeting. The Council indicated their concurrence. Council Member Turner reminded City Manager Townsend that this issue was discussed previously in regard to the fact that a number of public buildings did not have "No Smoking" signs. City Manager Townsend explained that he had Instructed the Fire Prevention Section to examine the areas that do not have "No Smoking" signs posted. Mr. Finley Edmonds, speaking on behalf of Mr. Roy Smith and Mr. Bevley, who are owners of Padre -Staples Mall, addressed the Council in regard to the McArdle Road Street improvements. Mr. Edmonds explained that the problem in expanding McArdle Road in front of the Mall is the 12' that is needed for the expansion of the street in order to provide four moving lanes of traffic and a left turn lane. He stated that the Mall is not in a position to donate the 12' in front of the J. C. Penney Store because of their objection to it, and the owners of the Mall cannot donate it without condemnation proceedings. He stated that the necessary width could be attained if the City would allow the Mall to donate a six-foot sidewalk easement on both sides of McArdle, and 4' at the intersections and the 8' that J.C. Penney Company has agreed to donate would provide the necessary 12' of right-of-way. Mr. Edmonds explained that other property owners along that street are willing to give up a sidewalk easement in order to provide the necessary right-of-way for the street. He urged that the Council consider this at the intersection of McArdle and Staples so that the five lanes can be carried all the way to Holmes. Minutes Regular Council Meeting February 18, 1981 Page 22 Mayor Jones informed Mr. Edmonds that this was discussed by the Council during the morning Workshop session and a motion was made and passed to change their street improvement plan if 12' on the north side can be donated by the Mall with the City to provide an additional $100,000 if the Mall will donate that 12'. Mr. Edmonds reiterated that the Mall cannot donate the 12' at the intersection of Staples and McArdle. City Manager Townsend stated that the City cannot use the sidewalk easement because the necessary right-of-way must be provided by a street easement or something more comprehensive than a sidewalk easement. Mr. Roy Smith, speaking on the same matter, stated that his engineers have informed him how this could be worked out; they have contacted the people who own property in the vicinity; and they feel that these owners will donate the easements. Mr. Smith explained that the leases of the property owners in the Mall are tied to certain stores and their guarantee of parking space. He also noted that property owners abutting the street will pay for most of the cost of this new street and he feels that the City should work something out so that the five lanes can be provided. Mayor Jones reminded Mr. Smith that this project is under contract with the State Department of Highways and Public Transportation, the entity that is actually constructing the street improvements. City Manager Townsend pointed out also that the contractor will be working on this portion of the street in a little more than a month. He stated that this project has had a great deal of conversation and very little facts and if there are easements available and the other three owners are willing to dedicate those easements, the City would like to have them donated. Council Member Best made the observation that it should be the responsibility of Mr. Smith to obtain the easements. Dr. Best suggested that the offer made by the City this morning remain, and if other property owners offer to dedicate, then the street can be built with the five lanes. Mr. Ray Peterson expressed appreciation to the Council for all of the consideration that the property owners have received on the widening of McArdle Road. He mentioned how congested the street has become following the opening of Sunrise Mall and the fact that the property owners along McArdle had originally envisioned a four -lane street, but now they are sure that the center -turn lane is extremely important. He informed the Council that rtes alar Council Meeting renruary 18, 1981 Page 23 Gulfway Shopping Center had donated the necessary right-of-way to accomplish this as did the H.E.B. Store, Sears Store and Sunrise Mall owners. He indicated that he understood the problem that the owners of Padre -Staples MaII had and urged that the City Council and City Staff work this out if possible in order to be sure that there are five traffic lanes all the way down McArdle since this is the major retail shopping area of the entire City. Council Member Turner asked Mr. Peterson what he would suggest in order to accomplish this, and Mr. Peterson replied that he did not have the answer to it but he felt sure that Mr. Smith, Mr. Bevley, Mr. Hans, and their engineers will have some plan that will make this possible. Council Member Zarsky inquired of the city attorney how a private citizen who wants to pay for a street can have property condemned. Assistant City Attorney, Bob Coffin stated that he did not see any problem with this, either by condemnation fees or by gift from the property owner. Mr. Zarsky then suggested that the party who wants the condemnation could possibly pay the expenses of condemnation proceedings. He inquired about the length of time such procedures would require, and Mr. Coffin stated that it could possibly be done in six weeks. City Manager Townsend made the observation that usually such proceedings require about six months and construction on this street has already begun. Mayor Jones reminded the Council that this was delayed for nearly a year to be sure that the street would not be torn up during the Christmas shopping season. He noted that any further delays might make the streets impassable during the next Christmas shopping season. City Manager Townsend stated that if the proceedings to acquire the necessary right-of-way require more than two weeks, the entire project will be delayed. Mr. Edmonds assured the Council that the Mall owners would like the opportunity to deliver the easements to the City to avoid any delays but indicated that they would like to have a little time to obtain the easements on the east side of McArdle and he felt that they could do this in two weeks. City Manager Townsend summarized the situation by stating that the City needs a total of 12 feet of right-of-way and this can be provided any way possible - - 8 feet and 4 feet or 6 feet and 6 feet. Minutes Regular Council Meeting February 18, 1981 Page 24 * Mayor Pro Tem Sample departed the meeting at 5:32 P.M. City Manager Townsen presented to the Council information in regard to pending litigation. Council Member Best suggested that the Council go to Austin to attend a legislative session, particularly at the time bills are being considered in which the City has an interest. City Manager Townsend explained that Mr. Rick Mertz, Administrative Assistant, and in the Legal Department, Mr. John Bell, are keeping up with pending legislative hearing dates and the Council will be informed of the dates of those hearings. City Manager Townsend also informed the Council that the Nueces River Authority will meet a week from tomorrow; the City Staff is making good progress in persuading the Texas and Parks and Wildlife Service to take charge of the recreation at Choke Canyon; and the Council indicated their concurrence with such action. ********** There being no further business to come before the Council, on motion by Dumphy, seconded by Turner, and passed unanimously, the Regular Council Meeting was adjourned at 5:42 P.M., February 18, 1981.