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HomeMy WebLinkAboutMinutes City Council - 02/25/1981MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 25, 1981 2:00 P.M. • PRESENT: Mayor Luther Jones Mayor Pro Tem Edward L. Sample Council -Members: Dr. Jack Best Leopoldo Luna Betty N.Turner Cliff Zarsky ABSENT: Council Member Jack K. Dumphy City Manager MarvinTownsend 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 the Reverend William C. Wayne of Central Christian Church, following which the Pledge of Allegiance to the Flag of the 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 administered the oath to new `appointees to various boards and committees. Mayor Jones announced the issuance of the following proclamations: ' "RETIRED FEDERAL EMPLOYEES DAY" - February 19, 1981; "NATIONAL ENGINEER'S WEEK" - February 22 - 26, 1981; and "PROJECT RE-ENTRY DAY" - February 26, 1981. Mayor Jones then presented a retirement plaque to Mr. Richard Guerrero, Foreman of . the Street Division who has had twenty-one years of , service with the City of Corpus Christi. [MED SIP 191984 Minutes Regular Council Meeting February 25, 1981 Page 2 Mayor Jones called for the City Manager's Reports. City Manager Marvin Townsend presented the following items with related comments and explanations and recommended that: a. Two replacement self-propelled patch rollers for the Street Division be purchased from Safeway Scaffold Equipment and Supply Co., Corpus Christi, on the basis of low bid of $11,246. Two bids were received. Although specifications called for a gasoline engine, the low bid is for a diesel engine. It is recommended that diesel be purchased because of lower operating costs and that two, rather than three, rollers be purchased because the price is substantially in excess of the budget estimate. b. Equipment for the Convention Center be purchased on the basis of low bid meeting specifications: Litton Office Supply, Corpus Christi 1,500 -Upholstered Straight Chairs 3 Chair Dollies Texas Office Supply, Corpus Christi 4,000 -Thermoplastic Stacking Chairs 6 -Chair Dollies Dalsew Commercial Furnishings, Dallas 200-60" round tables 200-30" x 96" rectangular tables 200-18" x 96" rectangular tables 1 -conference table 25 -trucks for round tables 45 -trucks for rectangular tables $ 37,500.00 114.00 $ 37,614.00 $ 79,920.00 504.00 $ 80,424'.00 $ 24,860.00 18,260.00 17,000.00 324.00 2,398.90 3,577.50 $ 661420.40 TOTAL $184,458.40 The apparent low bids of $64,480 by Krueger of Green Bay, Wisconsin and $79,800 by Litton Office Supply on the thermoplastic stacking chairs do not have the required metal support tubing under the front of the seat. The apparent low bids by the same companies on the round and rectangular tables and the conference table are not recommended because the tables are of a less sturdy construction. Bids were received from six firms. Funds are available in the Convention Center Bond Fund. 'inutes egular Council Meeting rebruary 25, 1981 Page 3 c. Contracts for annual requirements of Ductile Iron, Asbestos Cement and PVC Pipe be awarded to the following on the basis of low bid: Corpus Christi Pipe and Supply, Corpus Christi Lot I - 15,100' of Ductile Iron Pipe - 4" to 24" Less 1% Discount $193,010.58 1,930.11 $191,080.47 American Cast Iron Pipe, Dallas Lot II - 400' of Ductile Iron Pipe 30" to 48" $ 27,913.00 Johns Manville, Dennison, Texas Lot III - 53,550' of Asbestos Cement Pipe 6" to 12" $167,848.61 Less 2% Discount 3,356.97 $164,4916-4 McAllen Pipe Corpus Christi Lot IV - 10,b00' of 6" Poly Vinyl Chloride Pipe Less 2% Discount GRAND TOTAL $ 25,400.00 508.00 $ 24,892.00 $408,377.11 Bids were received from seven firms. Price comparison shows an increase of approximately 16%. d. A twelve month contract for auctioneer services be approved with Rene Bates, McKinney, Texas on the following schedule: Gross Sales Less than $10,000 $10,000 - 20,000 $20,001 - 30,000 $30,001 - 50,000 Over $50,000 % of Gross Sales 12.0% 9.5% 8.5% 6.0% 5.0% The City holds two or three auctions per year for abandoned and unclaimed property collected by the Police Department and surplus City property such as automobiles, trucks and equipment. Bids were received from two firms. e. The Fire Prevention Code be amended to allow liquified petroleum gas storage tanks up to 2,000 gallons water capacity at service stations where authorized in business and industrial zones. Exceptions up to 8,000 gallons in the "I-2" district could be granted on appeal to the Fire Chief and the City Manager. Presently, tanks over 150 gallons are allowed only in the "I-3" zoning district. City Manager Townsend explained that this item is the result of discussions conducted several months ago on LPG storage tanks. He informed the Council that there is a zoning text amendment on the agenda today to be considered during the Special Council Meeting to allow the sale of propane in service stations and this item will allow the existence of 2,000 gallon tanks with the stipulation that larger tanks of up to 8,000 gallon capacity will be permitted as exceptions. Minutes Regular Council Meeting February 25, 1981 Page 4 Mr. Bill Hennings, Director of Inspections and Operations, stated that he talked with the service station owner who indicated that he could operate with the 2,000 gallon tank but a larger tank would require zoning of "I-3" with exceptions to be granted up to 8,000 gallons in the "I-2" zoning provided it is approved by the Fire Chief and the City Manager. f. The recommendation of the Bay Drilling Committee be approved that a permit be granted Getty Oil Company to drill a directional well from an irregular location 9,000 feet seaward of City Hall. The State Tract 60 Well No. 1 will be located within the regular cluster but 353 feet from an existing well drilled last year. The permit is irregular because the Bay Drilling Ordinance requires that wells be drilled in sequence with a maximum distance of 250 feet between wells except for the center well. g. A 2.07 acre surface lease at the Laguna Madre Wastewater Plant site granted Exxon Corporation and Sun Oil Company by Ordinance 15684 on August 13, 1980, be amended to provide for the drilling of more than one well. Under the proposed agreement, Exxon Corporation will relinquish its right to drill elsewhere on the City's 51 acre tract and pay the City $200 for processing the amendment. h. A 20 year lease be approved with Mr. Charles M. Harris for constructing and operating a bait stand on the south shore of Nueces Bay between the Causeway and the public boat ramp. The two proposals received are similar. The selection of Mr. Harris is recommended because of his previous experience operating a similar business and his approved application for an SBA loan. The agreement would extend to September 1, 2000. Rent would be $100 per month for the first year and $200 per month or 5% of gross sales, whichever is more the second year. Rent would be renegotiable every two years with the City having the right to increase up to 25% each two years if there is no mutual agreement. One-third of the rent will go to the State, one-fourth to a Trust Fund for public improvements in the area and the balance to the General Fund. Mr. Hennings informed the Council that this is to operate a bait stand on Corpus Christi Beach; it is for a twenty-year lease; two proposals were opened in the Council Chambers two weeks ago which were basically the same; but the one difference is that the recommended award to Mr. Charles M. Harris was made because he has operated a similar business in the past, has experience, and has approval for an SBA loan. Mr. Hennings further stated that this land is owned by the state, leased by the City, and the City will in turn lease it to Mr. Harris. Council Member Turner inquired about the possibility of using the east side of this area and City Manager Townsend explained that a boat ramp exists on the east side and pointed out that this type of lease must be for recreational related purposes. Assistant City Attorney Bob Coffin pointed out that if this lease is terminated prior to the end of the term of the lease, the lessee would be 'lowed to move his facility. Minutes regular Council Meeting February 25, 1981 Page 5 Council Member Turner inquired if this would be establishing a precedent or if it is a typical lease in which the lessee is allowed to remove the improvements. Mr. Hennings admitted that this is the only one of this type that the City has. City Manager Townsend informed the Council that this matter has been very complex and the City has had a great deal of difficulty in leasing this land. Mr. Hennings elaborated by again pointing out that several entities are involved including the State Department of Highways and Public Transportation, the School Land Board and the City. i. A contract for $25,000 for installation of four single slide cantilever gates, gate operators, controllers and loop detectors at the Airport be awarded to Texas Fence and Supply of Corpus Christi. The security gates will be installed at the Tower Building, Gault Aviation, DOT Helicopter Service and Chaparral Aviation in accordance with Federal Aviation Administration requirements. An appropriation of $26,500 is needed for the contract award and related expenses. Ninety percent of the cost will be paid by FAA and 10% by 1977 bonds. J. A 750 square foot parcel for Cabaniss Acres Street Improvements, Dorado Street to Holly Road, be acquired from Mr. Jack Scholl for $825 plus $212 closing costs. This parcel is located on the east side of Martin Street at Holly Road. The value is based on an appraisal by Mr. Richard Clower. One parcel remains to be acquired. k. A contract for $161,783 be awarded to Isles Construction Company for Kennedy Causeway Sanitary Sewer and Restroom Improvements and $170,000 be appropriated, including engineering and related costs. The project involves the construction of a sanitary sewer lift station and collection system to serve baitstands and recreational vehicles along the Causeway and renovation of the existing restroom, including new plumbing fixtures, doors, electrical work, and perimeter concrete. Funds are available from the 1977 bond election. 1. 1.23 acres at the south end of Lake Corpus Christi State Park, known as "Catfish Ranch", owned by Dr. W. R. Hubler, Sr. and Mr. Ed Byrne, be acquired for $50,000 plus $472 closing costs The value estimate is based on an independent appraisal by Mr. Sidney H. Smith III. The State Parks and Wildlife Department has requested that the City acquire this property to eliminate an access and pollution problem. The only access to "Catfish Ranch" is through Lake Corpus Christi State Park. City Manager Townsend explained that this is a small campground that is owned by the City; it is difficult to obtain access to it; it is a nuisance for the State Park employees because it is unsanitary and has a pollution problem; and since this piece of land would be much better managed by the State Park employees, it is recommended that the property be acquired by the City. Mr. Townsend stated that the State is unhappy about the existence of this private Minutes Regular Council Meeting February 25, 1981 Page 6 land that requires access through the Park and has expressed their dissatisfaction with the situation, therefore, this recommendation is made to eliminate this nuisance problem. Mayor Jones inquired as to the source of the funds for this acquisition. City Manager Townsend informed the Council that the water revenue fund will provide funds for the price of the land. He stated that the staff has recommended for years that this property be acquired because It generates very little tax revenue. Council Member Best referred to the $50,000 required for the purchase of this property and inquired if the Water Revenue account is ample to provide the funds for this. City Manager Townsend replied that the water system is sound financially right now and there are funds available for this purpose. Mayor Jones expressed concern about the pollution of the water that is caused by the existence of this campground. m. The ambulance rate ordinance be amended to provide that the charge for medication per patient per run is $6.50 or the charge made by Memorial Hospital for administration of the same medication in the hospital, whichever is greater. Currently, the ordinance provides that the charge is $6.50 or actual cost, whichever is greater. The change will provide charges consistent with those charged by area hospitals and allow for recovery of some of the costs of administration of medication and overhead. n. The contract for installation of the kitchen/concession equipment be awarded to Southern Food Equipment of Corpus Christi. This firm submitted a low bid of $187 , 781 to install all kitchen and concession equipment including ovens, broilers, sinks, refrigeration facilities, ice machines, water chillers, a walk-in freezer, coffee and popcorn equipment, draft beer dispensers, hot dog cookers, shelving, exhaust and ventilation facilities, dishwashers, and a fire control system. Installation of the concession area is to be complete by May 4, 1981, and the kitchen equipment by May 31, 1981. Metro Restaurant Supply submitted a bid for $173,465 but they have indicated that the bid did not include installation and further indicated that they could not complete the work until 120 days from the issuance of the work order. Metro's bid, therefore, is not responsive and it is recommended that it not be considered. An appropriation of $202,000 is recommended which includes additional architectural fees of $12,219 and related expenses. City Manager Townsend pointed out to the Council that this item recommends award to a different company than the one listed on the morning agenda and noted that this is a typical problem which results from a surety bond vs. a bid bond vs. a cashier's check and. that it is difficult to collect money when there is a bid bond rather than a cashier's check. finutes regular Council Meeting February 25, 1981 Page 7 Mr. James K. Lontos, Director of Engineering and Physical Development, explained that the first recommendation was made at the suggestion of the architect, SHWC. Mr. Lontos further explained that Metro Restaurant Supply submitted a bid that indicated that it would require 120 days to complete the project but their bid did not include installation of the equipment. He stated that the firm expressed a willingness to negotiate but the staff is recommending the award of bid to the second low bidder because the City feels that this would be best for the Convention Center. Council Member Turner inquired if Metro would not be obligated to abide by their bid even though they did not include the cost of installation in their bid.. City Manager Townsend stated that they could be required to honor their bid, but because of the difficulty in collecting from bid bonds, this would be almost impossible to enforce. He pointed out that this is why the City prefers cashier's checks rather than bid bonds. o. A five year lease of 5,400 square feet of office space for Data Processing from Compu-Center, Inc., Corpus Christi for $.8361 per square foot or $4,515 per month or $54,180 per year be approved on the basis of low bid. The space is at 1015 Santa Fe (northwest corner of Buford and Santa Fe). The lessor will pay all utilities except electricity and telephone and will make necessary modifications to the office space. The other bid received was Temet Corporation who currently rents Data Processing office space in the Nueces Building. City Manager Townsend explained the procedure of bidding for lease space and indicated that he would like to leave the recommendation on the agenda today but since Temet Cororation has sent a letter of protest, he would like to delay the passage of the ordinance granting the lease agreement. Council Member Turner pointed out that the lease is for a very large amount and asked if the County or State might allow the City to share space with them. She also suggested that a new City Hall facility should be included in the next bond election so that it could have such facilities and prevent payment of such large lease fees. Mayor Jones agreed that a new City Hall should be considered in the next bond election. Minutes Regular Council Meeting February 25, 1981 Page 8 p. A contract be approved with the Texas Parks and Wildlife Department, the United States, and the Nueces River Authority to transfer all responsibility for operation and maintenance of park and recreation facilities at the Choke Canyon Reservoir site to the Parks and Wildlife Department for all of the reservoir site except immediately below and above the dam structure. The City would continue to be responsible for all aspects of water supply and repaying all costs related to the local share of initial construction. City Manager Townsend informed the Council that the Staff has been concerned about managing the recreation facilities at Choke Canyon Reservoir. He stated that the Texas Parks and Wildlife Department is very pleased to be able to manage this recreation area and pointed out that the expenditure that would be necessary if the City had to install boat ramps and other recreation facilities would be quite large. Council Member Best inquired as to why the City did not have the same arrangement at Lake Corpus Christi and City Manager Townsend replied that there are many problems at Lake Corpus Christi and the facilities are already\ in existence. Council Member Zarsky inquired if the State has an exemption of tort liability. City Manager Townsend replied that they did and they would not have the same responsibilities as the City would. . Mayor Jones indicated his concurrence with this arrangement, particularly since it would eliminate any City liability for accidents that might occur. City Manager Townsend informed the Council that the Nueces River Authority meets on Thursday, and if the Council finds this arrangement satisfactory, Mr. Doug Matthews, Director of Public Utilities, will deliver it to that meeting tomorrow for their approval. q. The repair in excess of $5,000 of a 1975 Elgin three -wheel Pelican street sweeper be noted. The unit is inoperative and requires an engine overhaul. Total repairs are estimated to not exceed $7,856.77, including parts and labor, and will be performed by Plains Machinery, the authorized International engine dealer. r. The groundbreaking ceremony for the Flour Bluff South End Laterals, Phase 2, be held Wednesday, March 4, 1981 at 11:45 a.m. at the lift station site at the corner of Rex and Whitley. The contract has been awarded to Maverick Construction Company for $294,696.13 and involves installation of gravity sewers in Summit, Martha, Walker, Carp, Annette, Claudia and Whitley Drives; Rex and Spring Lanes, and Laguna Shores Road. These gravity sewers will tie into the lift station built under the first phase of construction completed in June, 1980 by Cactus Utility Company. This is a 1977 Bond Fund project. `4inutes tegular Council Meeting February 25, 1981 Page 9 S. The City reaffirm the City's intent to sell 3.40 acres, known as the Old Incinerator Site, to LULAC for $115,500 as a site for construction of assisted housing for the elderly. City Manager Townsend reminded the Council that at the time this site was discussed in March of 1980, LULAC contemplated construction of 94 units and this change will reduce that number from 94 to 60 units which is the only change in the recommendation before them today. He stated that this money would come from Federal 202 funds which apparently are still available. Mr. Ernest Briones, Director of Planning and Urban Development, informed the Council that the deadline for submission of applications is March 1, 1981, and the application must be in their office prior to that date. t. Plans and specifications for improvements to the Terminal building and related work at the Airport be approved and bids be received March 25, 1981. The plans include enlargement of the queueing area and walkway in front of the building, relocation of the baggage claim, addition of restroom facilities, a wheelchair lift for the restaurant, and various related work. The proposed improvements are in accordance with the Airport Master Plan consultant's suggestions and should meet the needs of the airport to 1990. Construction of the parking areas and site -related improvements will be bid as a separate contract in the near future. u. Industrial District agreements with the following companies be approved. All agreements contain the same basic terms and provisionsas the Southwestern Refining Company agreement: (1) Central Power and Light Company (2) Amerada Hess Corporation (3) American Chrome and Chemicals, Inc. (4) Champlin Petroleum Company (5) Berry Contracting, Inc./Lone Star Erection Co., Inc./M.L. Berry (6) Goldston Corporation v. The proposed agreement with Corpus Christi Petrochemical Company be approved, but that the following changes be made to the standard form of agreement: (1) On page 2, Arti. I, CCPC has provided clarifying language to specify that the City be obligated to provide City services which their property is presently being provided and which are paid for by CCPC. (2) On page 4, Art. III, Subsection c, CCPC has provided clarifying language that the reduced payment in lieu of taxes rate for new improvements or facilities apply to all of CCPC's facilities and that these facilities are deemed to have been placed in use during 1980. (3) On page 10, Art. XII, CCPC has provided that it shall be classified in standard industrial classification major groups for Chemical and Allied Products, and Petroleum Refining and Related Industries. (4) On page 10, Art. XII, CCPC has deleted the requirement that the most favored nations treatment shall apply only with respect to industrial district agreements "having the same or approximately same expiration date." Minutes Regular Council Meeting February 25, 1981 Page 10 w. The proposed agreement with Gulf States Oil and Refining Company be approved, but that the following changes be made to the standard form of agreement: (1) On page 2, Art. I, Gulf States has provided clarifying language to specify that the City be obligated to provide City services which their property is presently being provided and which are paid for by Gulf States. (2) On page 10, Art. XII, Gulf States has deleted the requirement that the most favored nations treatment shall apply only with respect to industrial district agreements "having the same or approximately same expiration date." x. Letters of Intent to participate as industrial districts from the following companies be accepted: (1) Corpus Christi Refinery, Inc. (Sun) (2) El Paso Products Company (3) Coastal Corporation (4) Producer's Grain Corporation (5) Texas Fuel and Asphalt (6) Nueces Petrochemical Co., y. Letters of Intent to participate as industrial districts from the following companies have -also been received. (1) Mack Sales, Inc. (2) J. I. Hailey, Inc. (3) Jess Edwards, Inc. (4) Sunoco Terminals, Inc. City Manager Townsend referred to the industrial district contracts and informed the Council that there are nine contracts under consideration, six letters of intent, and four other letters pertaining to industrial districts. Mayor Jones addressed industry leaders in regard to the industrial districts and expressed the opinion that there is nothing that the Council can be more proud of than the formation of these industrial districts; industry can be proud of their input into the industrial district agreement contracts; the Council feels that the districts will be of long lasting benefit to the City of Corpus Christi; and hopefully these same benefits will be enjoyed by the industries. Council Member Zarsky expressed the hope that the industries will believe that what the Council intended to do was in their best interest and will encourage further development by the industries. Mayor Jones called for comments from the audience on the City Manager's Reports. tinutes regular Council Meeting February 25, 1981 Page 11 Mr. Bill Keys, Bank and Trust Tower, representing J. I. Hailey and Sunoco Terminals, Inc., informed the Council that they have submitted a letter of intent and a contract and asked when the City will determine whether or not these companies are qualified for industrial district contracts. City Manager Townsend explained that the industries listed under item "y" are somewhat questionable in their qualifications for industrial district contracts. Mr. Townsend referred to the following companies and gave a brief explanation of their qualifications. (1) Mack Sales, Inc.: a letter from them is necessary; (2) J. I. Hailey, Inc.: advised that two factors involved should qualify them as an industrial district, one of which was the OCL water service and whether the grinding of manganese and storage of pipe would meet the requirements of the test for industrial districts. He stated that the Staff was to advise them as to the effect that the paragraph that was deleted regarding fire protection would have on them. (3) Jess Edwards, Inc.: the staff plans to meet with them to inform them they they must meet the tests of the ordinance. (4) Sunoco Terminals, Inc: the staff also needs to request that they do the same things as the other companies. Mayor Jones summarized by stating that the City needs information that shows that these companies meet the qualifications according to the ordinance. Mr. Keys stated that he did not understand and asked if the problem was the form of the contract. City Manager Townsend replied that his understanding was that when the rest of the matter is before the Council they will need to vote as to whether or not these are acceptable industries, noting that the deletion of the fire contract was a basic point of the agreement. City Manager Townsend pointed out that if paragraph d is placed back in the contract, the Council will probably consider it next week. Mr. Jimmy Welder, Attorney, questioned whether or not the Council would feel that they had to designate just what the stipulations are to have a company qualify for an industrial district without amending the ordinance. Mayor Jones explained that there is a basic stipulation in the ordinance that the industry must create a percentage of new jobs. He suggested that a letter be written detailing how the company he represents will Minutes Regular Council Meeting February 25, 1981 Page 12 qualify for industrial districts noting that the port -related designation does not apply here but the number of jobs is the main point that will qualify a company to join the industrial district. Mr. Welder summarized by noting that one of the stipulations is that the company to be considered must have more than 5 acres and they must engage primarily in manufacturing, etc. as a port -related industry. He stated that he feels that the language in the ordinance is cumbersome. City Manager Townsend agreed that there is to some extent a conflict but it was his understanding that: the document reflects the Council's decisions. Mayor Jones explained that the Council would be anxious to include industries that might be qualified. Council Member Zarsky explained that this has been a very innovative type of contract; it is one of the broadest in the- State; it was the intention of the Council to broaden the definition of "port -related industries", and he was of the opinion that this was what had been done. He stated, however, that he felt that the company should be in compliance with the ordinance. He suggested that if anyone wanted a clarification a letter should be submitted pointing out why each company feels that they should be considered for the industrial district agreement. Mr. Welder indicated that he planned to bring a contract to the Council next week and even if the company involved does not quite meet the qualifications, possibly the Council will agree to allow the company to qualify as an industrial district. City Manager Townsend agreed that there may even be some different views among the Council Members as to their interpretation of the ordinance. Mayor Jones suggested that both Mr. Keys and Mr. Welder submit . their letters and contracts as soon as possible for consideration by the Council. Mr. Frank Powell, representing Coastal Corporation of Houston, Texas, stated that he would like to discuss one of the problems raised in the interpretation of the enabling ordinance. He expressed the opinion that the ordinance should be broadened to allow anyone who wants to join the industrial district to do so because the ordinance as it now exists does create problems for some companies that want to join the district and desire to obtain protection from annexation. He pointed out that if these companies are allowed to join, the revenue for the City will be increased and he did not understand tinutes .tegular Council Meeting February 25, 1981 Page 13 why the Council would desire to limit those, stating that he felt they should be allowed to join the district because of the possibility of increasing revenue to the City. He suggested that contracts be submitted and considered for approval. Council Member Beat explained that the reason the contract is written as it is was to keep industry from being annexed. He pointed out that some of the companies that have indicated that they want to be included .in the industrial district contracts really are not eligible and he does not feel that small companies that have activities similar to other small companies within the City limits should be protected from annexation. Mr. Powell expressed the opinion that once the major industries join the industrial districts, no one is going to force annexation on the small companies, and if they are not allowed to join the industrial district, they will not be in a position to pay any revenue to the City. Council Member Zarsky referred to a statement to the effect that the City is protecting the large industries and assured everyone that this was not the intent of the Council. He explained that it was their intent to protect jobs for their citizens. Mayor Pro Tem Sample commented that four weeks ago, no one wanted to join the industrial district, and apparently now all of the companies outside the City limits desire to join the industrial district. Mr. Powell explained that they would like to have an opportunity to be a part of the industrial district program but they would also like an opportunity to attempt to improve the contract in the future and possibly improve the enabling ordinance at this time. Mayor Jones suggested that the staff make an analysis of the amended ordinance as proposed by Coastal Corporation. Mr. Powell again suggested that an industrial district area be established and that the City use one basic contract for all industries and companies within that particular area. Mayor Jones inquired of Mr. Powell if he was aware of any city in the State of Texas that has an industrial district as a particular district rather than contracts with individual companies that form an industrial district. Mr. Powell stated that he understood Friendswood, Texas does have this type of contract. linutes Regular Council Meeting February 25, 1981 Page 14 Mayor Jones then expressed appreciation to Mr. Powell for his attendance and suggestions. There were no further comments on the City Manager's Reports. Motion by Zarsky that the City Manager's Reports, items "a" through "y", be approved; seconded by Luna; and passed unanimously. ********** 9. Consideration of an ordinance calling an election for Mayor and six Council Members on April 4, 1981 and providing for Notice of the Election, which is to be conducted jointly with Corpus Christi Independent School District's Trustee Election for Single Member Districts III and IV. Motion by Turner that item 9. pertaining to calling an election be approved, seconded by Zarsky, and passed unanimously. ********** City Manager - Townsend presented the following tabled matter: Mr. 0.. Dean Couch, Jr. from "I-2" to "B-4" on approximately 20.88 acres out of the former W. E. Pope Estate Tract, located on the north end of Corpus Christi Beach fronting approximately 2,115.49' along the west side of U. S. Highway 81 at the south approach of the Nueces Bay Causeway. A public hearing was held on February 11, 1981 and the application tabled for two weeks. The Planning Commission recommends approval. City Manager Townsend explained that this zoning case was tabled for two weeks because of the opposition expressed by the Navigation District. He stated that a letter has been received from Mr. Harry Plomarity of the Navigation District in regard to this item. Motion by Turner that this matter be removed from the table, seconded by Best, and passed unanimously. Mr. Sam Grimes, representing Mr. 0. Dean Couch, Jr., the applicant, informed the Council that a portion of this property is zoned "B-4" and the balance is the industrial category and their request is for the balance of the tract to be zoned "B-4". He stated that he hoped to have a hotel and other commercial uses, as well as townhouses and canals in this area but they do not have definite plans yet. Mayor Jones reminded him that an industrial use is located across the way. Mr. Grimes assured the Mayor that he understood that and that he agreed to place in their deeds the statement to the effect that there is an vlinutes Regular Council Meeting February 25, 1981 Page 16 the zoning is approved. Council Member Zarsky suggested that information be included in the deeds to warn purchasers of the fact that a heavy industry is located just across the canal. Assistant City Attorney Bob Coffin stated that zoning cannot be conditionally binding in this matter. Mayor Jones agreed but expressed the opinion that deed restrictions had been proven to be invalid. Council Member Best reiterated he feels that every buyer should be placed on notice that the Navigation District is located across the canal and that this case be considered again next week. Motion by Best that the hearing be closed, seconded by Turner, and passed unanimously. Motion by Best that "B-4" zoning be granted, seconded by Turner, and passed unanimously. ********** Mayor Jones called for the consideration of the following tabled matters: a. First Reading - Ceding to Port Aransas an additional one-half mile of extraterritorial jurisdiction south of the existing City limits at such time as the area involved is annexed into Port Aransas as long as the annexation is finalized in six months. The ordinance was tabled on January 21, 1981 for 30 days so that the owners would have an opportunity to meet with the Port Aransas City Council. Motion by Turner that this matter be removed from the table, seconded by Best and passed unanimously. Mayor Jones recognized Mr. Gus Pappas, City Manager of Port Aransas. Mr. Pappas stated that he was present to participate in discussions of the consideration to cede one-half mile of Corpus Christi extraterritorial jurisdiction. He informed the Council that the property owners affected by the proposed annexation to Port Aransas had been contacted; two of them are in favor of it; and Mr. Piper, one of the property owners, is opposed to the proposed annexation. Motion by Best that the City of Corpus Christi cede the one-half mile of extraterritorial jurisdiction, seconded by Luna. linutes .tegular Council Meeting February 25, 1981 Page 15 industry located that close. He stated that they plan to be good neighbors with the Navigation District. He also informed the Council that they have an agreement with the Navigation District for use of the canal. City Manager Townsend interjected that the canal is still owned technically by the Pope Estate. Council Member Turner inquired of Mr. Grimes if he plans to include fill in that area to raise the elevation of the land and Mr. Grimes replied that that has already been accomplished. Mr. Couch addressed the Council and stated that the elevation will be ±.9. Council Member Turner inquired if the zoning is approved if It were possible that this project might not actually develop and Mr. Grimes replied that they have already spent a great deal of money and they certainly plan to complete their development. Council Member Best noted that the Navigation District recommends approval of a special permit rather than a change of zoning and inquired if a special permit would be acceptable in view of the concerns of the Navigation District. City Manager Townsend pointed out that the matter could be postponed until a site plan has been submitted. City Manager Townsend commented that the brightness of the lights and the sound are the only problems. Mr. Grimes then pointed out that the view on the canal is an attractive one and he does not think that the lights would present a problem. Council Member Zarsky noted that Mr. Grimes had indicated that he would be in favor of a PUD development. Mr. Grimes agreed but stated that they need the "B-4" zoning before they can begin. Mr. Harry Plomarity, representing the Navigation District, stated that they met with the applicant and they were disturbed because they did not have a definite plan for the development or who will own the property. He stated that he does think that dwelling units are compatible with industry; they have no plans yet; and he indicated that he would like to see the plans before linutes .egular Council Meeting February 25, 1981 Page 17 Mr. Bill Sellers, representative of the King Ranch, stated that they are the major property owners that will be annexed to Port Aransas and they have no objection to the annexation of their property. Mayor Jones called for the vote on the motion and it passed unanimously. b. Second Reading - Adopting a revised animal control ordinance (First Reading -1/7/81). The second reading of the ordinance was tabled on January 14 and February 4, 1981 to allow the Animal Control Advisory Board to review suggested revisions to the ordinance recommended by the PAWS - Gulf Coast Humane Society. Motion by Turner that this matter be deferred until next week, seconded by Best, and, passed unanimously. ********** Motion by Luna that the Regular Council Meeting be recessed at 5:00 p.m., seconded by Turner, and passed unanimously. ********* Mayor Jones reconvened the Regular Council Meeting at 6:22 p.m. Mayor Jones announced the consideration of the following pending zoning matter. Mr. David E. May's from "R -1B" to "B-1" located on the west side of Airline Road approximately 300 feet north of Kimbrough Drive was heard on November 5, 1980 and denied but in lieu thereof a special permit was approved for a quick oil change center. A site plan has been submitted which meets all ordinance requirements except it is not recommended that a freestanding sign be allowed since all the uses within the area, with the exception of the auto parts store in "R -1B" with a special permit, conform with the sign requirements of the "AB" District. If freestanding signs are allowed along this area, they will be difficult to read since they would tend to obliterate each other due to the narrowness of the lots. City Manager Townsend explained that the difference of opinion between the staff and the applicant was the freestanding sign on this property. He stated that the site plan is acceptable but not the sign. Chief Planner Wenger located the area on the zoning and land use map, reviewed the case briefly, and explained that if freestanding signs are allowed in this area it will be difficult to read them since they would tend to be obliterate because of the narrowness of the lots involved. Council Member Zarsky inquired about the maximum size of the sign and Mr. Wenger stated that it is 40 square feet and 25 feet high. linutes Regular Council Meeting February 25, 1981 Page 18 Motion by Best that the special permit be approved but that the freestanding sign not be allowed, seconded by Turner. Discussion followed on the size of the sign on the lot. Mayor Jones then called for the vote on the motion to grant the special permit but deleting the freestanding sign. The motion failed to pass by enough affirmative votes as follows: Jones, Best and Turner voting "Aye"; Sample, Luna, and Zarsky voting "Nay". Motion by Sample that the Council grant a special permit allowing for a sign 10' high for a total of 24 square feet; seconded by Zarsky; but failing to pass by the following vote: Sample, Luna, and Zarsky voting "Aye"; Jones, Best, and Turner voting "Nay". Motion by Best that the building on this tract of land be allowed under the special permit but the sign be denied except on the face of the building, seconded by Turner and passed unanimously. ********** Mayor Jones announced public hearings on the following matters: b. Closing a 20' wide unused and unopened alley between Bridgeport and Breakwater Avenues on Corpus Christi Beach in Block 6, Corpus Beach Hotel Addition. The request is an attempt to solve a problem of a building encroaching for many years in one-half of the 20' alley. The owner is restoring hurricane damaged property. The staff recommendation is that the alley should not be closed until development plans are submitted for the block which show why the alley is not needed. Mr. James K. Lontos, Director of Engineering and Physical Development, located the area in which the alley had been requested to be closed. He stated that it is the staff's recommendation that this alley not be closed until the staff is aware of the development plans for the block which indicates why the alley is not needed. assured the Council that the staff wants He pointed out that the ownership in this City Manager Townsend Corpus Christi Beach to develop. block is fragmented and the alley lots. does provide access to some of the interior Mr. Lontos stated that there have been no objections to the alley closing but there is possibility of an approximate 2" encroachment of a foundation into the alley of one property owner. He stated that the present 'mutes agular Council Meeting .'ebruary 25, 1981 Page 19 property owner has indicated that he would grant a 2" portion of the alley to the other property owner but the staff is concerned that if the property is sold, the new owner might not grant this encroachment. Mr. Ernest Brlones, Director of Planning and Urban Development, pointed out that the way the buildings are constructed in that particular block would encourage cars to be parked in the rear of the lots and as long as this is occurring, there will be a need for the alley. Council Member Zarsky inquired if it would be possible for the abutting property owner adjacent to the encroachment problem to take less than 1/2 of the alley if it is closed. Mayor Jones called for comments from the audience on this matter. Mr. William John Crisp, representing Mrs. Loving, the owner of Lot 132, stated that his client had requested the closing. He informed the Council that the alley is not being used by vehicles because the driveways opened on the street, not the alley. He explained that his client's house was damaged by the hurricane and she needs to have her home repaired. He noted that since Mrs. Loving rents out part of this house and this is her only source of income that there is a real need to repair the house as quickly as possible. He stated that if the 2" encroachment is a problem, Mrs. Loving can sell that 2" to the abutting property owner. Council Member Turner pointed out that in order for Mrs. Loving to rebuild, the encroachment must be solved and inquired if she could purchase that two inches from the abutting property owner. City Manager Townsend expressed the opinion that it would be a disservice if the two parties agree to an uneven distribution of the land realized from the closing of the alley. Mr. Crisp explained that they had contacted the other property owners abutting the alley, one of whom owns five lots of the block and the other half of the block is owned by a Mrs. Huestis and her realtor agreed that they had no objections to the sale of the small strip to take care of the 2" encroachment. Mr. Crisp reiterated that none of the property owners involved offered any objection to the closing of the alley. City Manager Townsend stated that since five lots are owned by the same person and that owner has no objections to the closing, the staff does not really have any very strong opposition to this closing. inutes Regular Council Meeting February 25, 1981 Page 20 No one else spoke in regard to this alley closing. Motion by Sample that the hearing be closed, seconded by Turner, and passed unanimously. Motion by Turner that the alley be closed. City Manager Townsend suggested that the motion to close the alley include the stipulation that the two property owners involved come forth with a document that would resolve the 2" encroachment problem. Council Member Turner agreed to include this as a part of her motion to close the alley. The motion was seconded by Best and passed unanimously. ********* Prior to the next public hearing, Mrs. Ramon Martinez, 2622 Chloe, addressed the Council in regard to her utility bills. She informed the Council that her utility costs are increased rather than decreased even though she has a very small house and does not use very much water. Mrs. Martinez also informed the Council that she had observed the meter reader at the time he read her meter and noted that he did so from a great distance. Mayor Jones suggested that a staff member handle this complaint. ********* a. Revision of the Sanitary Sewer Master Plan at the corner of Rodd Field Road and Saratoga Boulevard. The developer has requested that a small portion of Brandywine Subdivision be drained into the Wooldridge Road trunk line rather than towards Airline and/or Rodd Field. City Manager Townsend requested that Mr. James K. Lontos, Director of Engineering & Physical Development, explain this request. Mr. Lontos located the subdivision on the transparency and informed the Council that there is a lift station to serve that area but the size of the lines that are planned to go through there are not large enough. He stated that the staff recommends that they meet with the developer of Greenfield by the Bay and cooperate to enlarge the line and that the City not be required to participate with the oversizing or in the offsite development of the sewer lines. He informed the Council that the developers had agreed to this and the staff therefore recommends approval of this revision. No one spoke in regard to this matter. Motion by Best that the hearing be closed, seconded by Turner and passed unanimously. 'inutes egular Council Meeting February 25, 1981 Page 21 Motion by Best that the sanitary sewer master plan be revised as recommended; seconded by Turner; 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: ORDINANCES: FIRST READING: HARRIS FOR CONSTRUCTION AND OPERATION OF A BAIT STAND ON THE SOUTH SHORE OF NUECES BAY BETWEEN THE CAUSEWAY AND THE PUBLIC BOAT RAMP, ALL 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". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. FIRST READING AUTHORIZE EXECUTION OF AMENDMENT TO A SURFACE LEASE AUTHORIZED BY ORDINANCE NO. 15684, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 13, 1980, FOR A 2.07 -ACRE DRILL SITE IN LOT 13, SECTION 56, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS WITH EXXON CORPORATION AND SUN OIL COMPANY AS LESSEE AND THE CITY OF CORPUS CHRISTI AS LESSOR, SAID AMENDMENT TO BE IN CONSIDERATION OF THE LESSEES' RELINQUISHING THEIR RIGHT TO DRILL ELSEWHERE ON THE CITY'S 51 -ACRE TRACT AND THE PAYMENT OF A FEE OF $200 AND THE ELIMINATION OF THE RESTRICTION AS TO THE NUMBER OF WELLS THAT CAN BE DRILLED FROM THE SITE, ALL AS MORE FULLY SET FORTH IN THE SURFACE LEASE AMENDMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. FIRST READING AMENDING SECTION 25.11 OF THE FIRE PREVENTION CODE SO AS TO ALLOW LIQUIFIED PETROLEUM GAS STORAGE TANKS TO BE UP TO 2,000 GALLONS WATER CAPACITY AT SERVICE STATIONS WHERE AUTHORIZED IN BUSINESS AND INDUSTRIAL ZONES AND UP TO 2,000 GALLONS IN THE "I-2" LIGHT INDUSTRIAL DISTRICT ZONES (EXCEPT UP TO 8,000 GALLONS MAY BE GRANTED ON APPEAL). The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. I Minutes Regular Council Meeting February 25, 1981 Page 22 FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH CENTRAL POWER AND LIGHT COMPANY FOR A TERM OF SEVEN (7) YEAR COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 2"; 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. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH AMERADA HESS CORPORATION FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 3"; 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. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. FIRST READING AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH AMERICAN CHROME & CHEMICALS, INC. FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 4"; 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. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH CORPUS CHRISTI PETROCHEMICAL COMPANY FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 5"; 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. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. Minutes egular Council Meeting February 25, 1981 Page 23 FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH CHAMPLIN PETROLEUM COMPANY FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 6"; 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. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH BERRY CONTRACTING, INC., LONE STAR ERECTION COMPANY, INC. AND MARVIN L. BERRY FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 7"; 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. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH GOLDSTON CORPORATION FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 8"; 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. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH GULF STATES OIL AND REFINING FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 9"; 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. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. Minutes Regular CouncilMeeting February 25, 1981 Page 24 SECOND READING: AMENDING 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. (First Reading - 2/18/81) The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. ORDINANCE NO. 16069: AMENDING ORDINANCE NO. 14936, THE AID AMBULANCE SERVICE RATE ORDINANCE, AS AMENDED BY ORDINANCE NO. 15886, SO AS TO AMEND SECTION 1(B) (3) TO PROVIDE THAT THE CHARGE FOR ADMINISTRATION OF MEDICATION IS $6.50 OR THE MEMORIAL HOSPITAL PATIENT CHARGE IF THE MEDICATION WERE ADMINISTERED IN THE HOSPITAL, WHICHEVER IS GREATER, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. ORDINANCE NO. 16070: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TEXAS FENCE AND SUPPLY FOR PURCHASE AND INSTALLATION OF THE AUTOMATIC GATES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT; APPROPRIATING $26,500 OUT OF THE NO. 245 AIRPORT BOND FUND OF WHICH $25,000 IS FOR THE CONSTRUCTION CONTRACT AND $1,500 IS FOR ADDITIONAL ENGINEERING, INCIDENTAL AND CONTINGENCY EXPENSES APPLICABLE TO PROJECT NO. 245-77-8 (FAA GRANT NO. 6-48-0051-06), AUTOMATIC SECURITY GATES; SAID AWARD AND APPROPRIATION BEING SUBJECT AND CONTINGENT UPON APPROVAL FROM THE FEDERAL AVIATION ADMINISTRATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. ORDINANCE NO. 16071: AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 3 IN CONNECTION WITH THE CABANISS ACRES STREET IMPROVEMENTS, DORADO STREET TO HOLLY ROAD; APPROPRIATING OUT OF THE 162 FEDERAL -STATES GRANT FUND, PROJECT NUMBER 162-4744-501, ACTIVITY 4744, CODE 501, THE SUM OF $1,037 OF WHICH $825 IS FOR ACQUISITION AND $212 IS FOR INCIDENTAL COSTS RELATED TO CLOSING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. ORDINANCE NO. 16072: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ISLES CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE KENNEDY CAUSEWAY SANITARY SEWER AND RESTROOM IMPROVEMENTS; APPROPRIATING $170,000 OUT OF THE NO. 291 PARK BOND FUND OF WHICH $161,783 IS FOR THE CONSTRUCTION CONTRACT AND $8,217 IS FOR ADDITIONAL ENGINEERING, LEGAL ADVERTISING, AND CONTINGENCY EXPENSES; APPLICABLE TO PROJECT NO. 291-77-8, KENNEDY CAUSEWAY; AND DECLARING AN EMERGENCY. se Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Luna, 'Turner and Zarsky voting "Ave". Dunphy absent. ti nutes Regular Counci'Meet ing February 25, 1981 Page 25 ORDINANCE NO. 16073: AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR ACQUISITION OF A PARCEL OR TRACT OF PROPERTY AT THE SOUTH END OF LAKE CORPUS CHRISTI STATE PARK, BEING MORE PARTICULARLY DESCRIBED HEREINAFTER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. ORDINANCE NO. 16074: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SOUTHERN FOOD EQUIPMENT OF CORPUS CHRISTI FOR INSTALLATION AND HOOK-UP OF THE CORPUS CHRISTI CONVENTION CENTER KITCHEN/ CONCESSION EQUIPMENT, APPROPRIATING $202,000 OUT OF THE NO. 209 COMMUNITY CONVENTION FACILITY BOND FUND OF WHICH $187,781 IS FOR THE EQUIPMENT INSTALLATION, $11,266.86 ' IS FOR ADDITIONAL ARCHITECTURAL FEES, AND $2,952.14 IS FOR INCIDENTAL AND CONTINGENCY EXPENSES APPLICABLE TO PROJECT NO. 209-76-1.4, CONVENTION CENTER FOOD SERVICE EQUIPMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. ORDINANCE NO. 16075: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT AND THE NUECES RIVER AUTHORITY FOR THE CARE, OPERATION, MAINTENANCE AND REPLACEMENT OF THE RECREATION, FISH AND WILDLIFE, AND OPEN SPACE RESOURCES OF THE NUECES RIVER RECLAMATIONS PROJECT, TEXAS (CHOKE CANYON RESERVOIR PROJECT), 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, Luna, Turner and Zarsky voting "Aye", Dumphy absent. ORDINANCE NO. 16076: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CORPUS CHRISTI ARTS COUNCIL WHEREBY THE CITY WILL PROVIDE $7,000 TOWARDS THE SUPPORT OF THE ARTS COUNCIL'S COORDINATION OF A BROAD SPECTRUM OF ART ACTIVITIES IN THE COMMUNITY, 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, Luna, Turner and Zarsky voting "Aye", Dumphy absent. ORDINANCE NO. 16077: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH E. H. MOORE HOMES, INC. AND J. R. BUILDERS, INC., DEVELOPERS OF BRECKENRIDGE SUBDIVISION UNIT 1 WHICH PROVIDES FOR THE CITY OF CORPUS CHRISTI TO REIMBURSE THE DEVELOPERS FOR THE CITY'S SHARE "OF ADDITIONAL PAVEMENT SECTION ON EVERHART ROAD ADJACENT TO -'„BRECKENRIDGE SUBDIVISION, UNIT 1, •REQUIRED DUE TO HEAVY TRAFFIC FLOW';` APPROPRIATING $17,047.80 OUT OF THE NO. 220 STREET BOND FUND APPLICABLETO PROJECT NO. 220-77-47, EVERHART ROAD ADJACENT TO BRECKENRIDGE SUBDIVISION, UNIT 1, ADDITIONAL PAVEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. - Minutes Regular Council Meeting February 25, 1981 Page 26 ORDINANCE NO. 16078: APPROPRIATING THE SUM OF $184,458.40 OUT OF THE NO. 209 COMMUNITY CONVENTION FACILITY BOND FUND FOR PROJECT NO. 209-76-1.3, CONVENTION CENTER EQUIPMENT, FOR THE PURCHASE OF TABLES, CHAIRS AND OTHER EQUIPMENT FOR THE CONVENTION CENTER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. ORDINANCE NO. 16068: ORDERING AN ELECTION FOR MAYOR AND SIX (6) COUNCIL MEMBERS IN THE CITY OF CORPUS CHRISTI, TEXAS, TO BE HELD ON THE 4TH DAY OF APRIL, 1981, AND THAT SUCH ELECTION BE HELD JOINTLY WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT ELECTION FOR SINGLE MEMBER DISTRICTS III AND IV; DESIGNATING POLLING PLACE LOCATIONS FOR SUCH ELECTION; ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. ORDINANCE NO. 16079: RESOLUTION THAT THE CITY COUNCIL HEREBY DECLARES THE OLD INCINERATOR SITE TO BE SURPLUS EXCEPT FOR A SECTION ON THE SOUTHEAST PORTION THAT SHALL BE RESERVED FOR USE BY THE CITY AND THAT THE COUNCIL HEREBY REAFFIRMS ITS INTENTION TO SELL THE SITE TO LULAC AT A PRICE NOT TO EXCEED $115,500, CONTINGENT ON LULAC RECEIVING FEDERAL ASSISTANCE FOR THE DEVELOPMENT OF HOUSING FOR THE ELDERLY AND HANDICAPPED, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. ORDINANCE NO. 16080: 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 WHITE RIVER CORPORATION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT 7A, J.C. RUSSELL FARM BLOCKS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL 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, Luna, Turner and Zarsky voting "Aye", Dumphy absent. inutes .egular Council Meeting February 25, 1981 Page 27 OitMINANCE NO. 16081: 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, BY AMENDING ARTICLE 13. "B-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS. SECTION 13-2 USE REGULATIONS, BY DELETING IN ITS ENTIRETY PARAGRAPH (5) AND INSERTING PROVISIONS FOR FILLING STATIONS FOR AUTOMOBILE SERVICES AND FUEL BUT EXCLUDING LIQUEFIED PETROLEUM GASES; AMENDING ARTICLE 15. "B-3" BUSINESS DISTRICT REGULATIONS, SECTION 15-2 USE REGULATIONS, BY ADDING A NEW PARAGRAPH TO BE NUMBERED (20) PROVIDING FOR FILLING STATIONS; AND AMENDING ARTICLE 16. "B-4" GENERAL BUSINESS DISTRICT; REGULATIONS, SECTION 16-2 USE REGULATIONS, BY ADDING A NEW PARAGRAPH, TO BE NUMBERED (20) AND PROVIDING FOR FILLING STATIONS; 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, Luna, Turner and Zarsky voting "Aye", Dumphy absent. Motion by Best that Council Member Jack Dumphy, who was out of the City, be excused for just cause, seconded by Sample; and passed unanimously. ********* Council Member Luna commented that the officer on duty in the Council Chamber Officer Richard Garcia, had been instrumental in saving a life and suggested that he be recognized publicly by the Council. Motion by Luna that a plaque be presented to Officer Garcia. City Manager Townsend suggested that the Council really should ask for a recommendation from the Police Chief on this matter and the Council indicated their concurrence. Council Member Best pointed out that even though it had been discussed many times there is still no fence behind the Town and Country Shopping Center. Dr. Best suggested that the entire shopping center be closed until the fence is installed. City Manager Townsend assured him that steps are being taken to correct this as soon as possible. ********** Motion by Turner that the Council convene in closed session under the authority of 6252-17 V.A.C.S., Section 2G; seconded by Best; and passed unanimously at 7:24 p.m. Mayor Jones reconvened the Regular Council Meeting at 7:51 p.m. There being no further business to come before the Council, on motion by Zarsky, seconded by Best and passed unanimously, the Regular Council Meeting was adjourned at 7:52 p.m., February 25, 1981.