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HomeMy WebLinkAboutMinutes City Council - 05/13/1981MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 13, 1981 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Bob Gulley Dr. Charles W. Kennedy Cliff Zarsky ABSENT: Council Members: Jack K. Dumphy Herbert L. Hawkins, Jr. City Manager Marvin Townsend City Attorney Bruce Aycock 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 Don Richey, Jr. of Trinity Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Betty N. Turner. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones announced the issuance of the following proclamations: "ARMED FORCES WEEK" - May 16 - 23, 1981; "VFW BUDDY POPPY DAY - Post #2465" -May 30, 1981; "VFW BUDDY POPPY DAY - JESSE LITTLE POST #8932" - May 30, 1981; "VFW BUDDY POPPY DAY - JOHN N. TIMON POST #2397" - May 30, 1981; AND "NATIONAL POLICE WEEK" - May 10 - 16, 1981. Mayor Jones administered the oath to two new appointees to Boards and Committees. Mayor Jones called for consideration of the Minutes of the Regular Council Meetings of March 11, and March 18, 1981. Council Member Zarsky indicated that he had one correction on the Minutes of March 18 on Page 11 in regard to a quote from him and asked that the word "not" be inserted as follows: "He stated that he agreed that there is a need for human development but the City need not be involved in physical development." HIGOFILMED 'SEP 191994 Minutes Regular Council Meeting May 13, 1981 Page 2 Motion by Zarsky that the Minutes of the Regular Council Meeting of March 11 and of March 18, as amended, be approved; seconded by Turner; and passed unanimously. Motion by Gulley that Council Members Dumphy and Hawkins, who are out of the City on City business, be excused for just cause; seconded by Zarsky, and passed unanimously. Mayor Jones called for appointments to Boards and Committees. Motion by Turner that the following appointments be confirmed, seconded by Kennedy, and passed unanimously: BOARD OF EQUALIZATION: TERM TO EXPIRE: Mrs. Forrestine Lynn 4-30-82 Mr. Francisco Rodriguez 4-30-82 Mayor Jones recognized the 7th Grade Students from Incarnate Word Academy who are members of Mrs. Joyce Chase's class. ********** Mayor Jones announced the bid openings on two engineering projects: 1. Corpus Christi Marina repairs. This project provides for Hurricane Allen repairs to all of the paved areas on the T -Head as well as other hurricane -related repairs to the pavilion area on the Peoples Street T -Head. The reworking of all pavement areas on the T -Heads and L -Head is eligible FEMA work; however, replacement of all surface asphalt will be 100% City cost. Assistant City Manager James K. Lontos opened bids on this project from the following companies: A. Ortiz Asphalt Paving and Heldenfels Brothers, both of Corpus Christi. Mr. Lontos verified that the necessary bid security bond had been submitted with both bids. Council Member Turner inquired about the timeframe for the repair of the Marina office building. City Manager Townsend explained that there is no prediction as to just when the Marina office will be repaired. He explained the numerous projects totaling over $1 million that are in progress on the bayfront at this time. He explained that the Staff is studying the kind of office needed for the Marina staff and assured her that recommendations on the building will be provided them as soon as possible. Council Member Turner suggested that the Marina Advisory Board be informed of the status of the Marina office. tes ,ular Council Meeting May 13, 1981 Page 3 2. Roof repair to twelve City buildings: Fire Station No. 3 Fire Station No. 6 Fire Station No. 13 Fire Station No. 14 Transit Office & Garage Hialco classroom bldg. Flour Bluff satellite clinic Garden Club Oso Golf Course Center Club House Museum of South Texas Williams Drive clinic Greenwood Library Roof repairs are necessary because of Hurricane Allen damage. Most of the estimated cost has been offset by insurance settlements. Assistant City Manager Lontos opened the only bid received on this project from Construction Engineers, Inc. City Manager Townsend, noting that the bid submitted was more than twice as much as the engineer's estimate, stated that both of these bids will be reviewed and recommendations will be made next week. He stated that the amount of the bid on the roof repairs definitely exceeds the funds available. Mayor Jones stated that the bids on both of the projects will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. ********* Mayor Jones called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanations and recommended that: *1. Bids be received June 2, 1981, for four replacement air cooled split coil condensers for the Coliseum. The current condensers were purchased in 1969. Cbst of electricity should be reduced and system reliability improved. 2. Bids be received on June 16, 1981 for the following vehicles: a. 25 replacement and 2 additional subcompact sedans for Municipal Court, Finance Department, Neighborhood Improvement, Fire Department, Building Division, Park and Recreation, Engineering and Physical Development and the Water and Gas Divisions. The two additional vehicles include one for the Recreation Supervisor to replace a car allowance and one for an additional Meter Reader position included in the 1979-80 Budget. b. 15 replacement compact sedans for the City Manager's Office, Legal Department, Police Department, Water Division, Gas Division, Street Division, and Wastewater Division. c. 2 replacement compact station wagons for Finance Department and Museum. d. 1 replacement intermediate sedans for Industrial Development. The specifications include an alternate which will allow dealers to bid models which are in stock or which can be located from other dealers which meet minimum specifications. The cars being replaced average more than 7 years. Generally, subcompacts will replace compacts and compacts will replace intermediate or standard size vehicles. * This item was withdrawn from consideration by the City Manager. Minutes Regular Council Meeting May 13, 1981 Page 4 3. Bids be received June 16, 1981 for 31 replacement pickup trucks as follows: a. Sixteen light duty half -ton trucks for Sanitation, Water, Gas, Building Maintenance, Traffic Engineering, Park and Recreation, and the Oso Golf Course. b. Eight heavy duty half -ton pickup trucks for Gas, Aviation, Water, Wastewater, Park, Health and Welfare, and Coliseum and Exposition Hall. c. Four 3/4 -ton pickup trucks for Wastewater, Traffic Engineering and Park and Recreation. d. A one ton pickup for the Gas Division. e. A window van for purchasing and a cargo van for Traffic Engineering. 4. Twelve months supply of approximately 30,000 various size black and galvanized malleable pipe fittings for the Gas Division be awarded based on low bid: Norvell Wilder, Corpus Christi $22,206.32 2% Cash Discount - 444.13 Net: $21,762.19 Two bids were received. Prices have increased approximately 24% from last year. 5. Water treatment chemicals be purchased as follows on the basis of low bid: Carus Chemical Co., La Salle, Ill. 80,000 Pounds of Permanganate $77,240.00 Nalco Chemical Co., Oak Brook, Ill. 120,000 pounts of cationic polymer $53 556.00 Total $130,796.00 The apparent low bid of Allied Chemical Co., Morristown, N.J. , of $19,687.20 on the cationic polymer is not low on a per pound of polymer basis because their bid only contains 7% active polymer solids whereas the Nalco bid contains 30% polymer solids. It is further recommended that the three bids received for aluminum sulfate be rejected and bids be again received on June 9, 1981. Bids were solicited for 155 tons in drums and 460 tons in bulk. The two bids submitted for the 155 tons were for aluminum sulfate in bags not drums. Bags cannot be handled at the Cunningham Treatment Plant. Only one bid was received for bulk supply. The revised specifications will state that if aluminum sulfate cannot he supplied in drums the total 615 tons should be bid in bulk which may result in a better unit price then just purchasing 460 tons in bulk. Bids were received from 10 firms. 6. The two bids received for a replacement 4 -wheel drive diesel powered truck chassis with backhoe, backfill blade and trench bucket for the Water Division be rejected. The low bid of $59,975 by Bennett Equipment Company of Tyler was 46% over the budget estimate. Since the opening of bids, it has been learned that demonstrator models are available with few work hours at a price substantially below the low bid. Therefore, it is recommended that bids be again received on June 2, 1981 with the specifications allowing the bidding of demonstrator models. 7. Fisher Webb, Inc. be granted a permit to drill a well from a regular location 2050 feet northeast of the John F. Kennedy Causeway in Packery Channel. The Laguna Madre State Tract 61 well No. 1 will be drilled as a directional hole to a depth of 12,000 ft. No exceptions to the Bay Drilling Ordinance are requested. 8. A revocable easement be granted to Valero Transmission Company to replace a two-inch pipeline carrying natural gas in Hunter Road at Interstate 37. Valero is replacing 1,450 feet of the two-inch line but only 170 feet is inside the City limits. The fee will be $170. tes alar Council Meeting May 13, 1981 Page 5 9. A revocable easement be granted to Henderson Petroleum Corporation for a two-inch pipeline across Holly Road south of Rodd Field Road to convey natural gas purchased from the City to a well site in the area for the purpose of gas lifting a well. The easement fee will be $150. 10. Two parcels for Cabaniss Acres Drainage Improvements be acquired from Mr. Samuel W. Dunnam, Jr. and Mrs. Rosamond Dunnam for $1,278 (Parcel 2) plus $250 crop loss to tenant farmer Mr. Edward Mokry and from Mr. E. H. Frederick for $250 (Parcel 2A) and $3,390 be appropriated, including $I,612 closing costs and appraisal services for both parcels. These parcels, located west of Greenwood Drive, are being acquired at the appraised values as determined by Mr. Richard Clower. One parcel remains to be acquired for this project. 11. Change Order No. 3 to the Lamar School Area Street Improvements Unit II for $5,820 be approved for construction of a 4.5 foot wide sidewalk on the west side of 25th Street from Ruth to Mary Streets. Sidewalk was not originally proposed because sufficient right-of-way did not exist. However, all 28 property owners on the west side have signed a petition agreeing to dedicate three feet so the sidewalk can be built. 12. A change order for $11,834.27 to Oso Contract No. 4 be approved for rehabilitation of the scraping mechanism in the sump area of chlorine contract chambers 3 and 4, and the filling of the sludge well with concrete. This work was not anticipated during design and it was found essential after the chambers were emptied for rehabilitation. An appropriation of $11,834.27 is needed. 13. A change order be approved for $12,000 to the Terminal Building expansion contract for relocation of the security area to conform with relocation of the concession area. The security will be located in the area which would ultimately serve the Terminal Building. The work involved includes construction of a temporary wall, removal and relocation of the security wall, and adequate electrical extensions for the x-ray and magnetometer equipment. 14. Lease amendments be approved with the Federal Aviation Administration for space at both the old and new airport tower buildings to adjust janitorial, and water and gas service fees to reflect increased costs and current space usage. The increase is from $1.48 to $1.57 per square foot per year for space formerly occupied by FAA, but now vacant; to $2.52, $2.59, $2.66, and $3.88 for technical and administrative space on all floors and the tower. The amounts vary depending on public access and level of use of the rooms. Storage space remains at $1.48. Annual increase in revenue is $14,133.22. The effective date is February 1, 1981. 15. A no -cost lease with the Federal Aviation Administration for remote transmitter site #2 and remote receiver site on the southwest side of Corpus Christi International Airport be approved. The lease would be from July 1, 1981 through September 30, 1981 to adjust to the new Federal fiscal year and then the right to extend such lease on a year to year basis through, but not beyond, the 30th day of September, 1996. These sites contain radio equipment which provide communication, direction and control from the air traffic control center in the Tower Building to aircraft using the Airport, both on the ground and in the control zone which surrounds the airport. These facilities benefit all users of the Airport and thus are leased to the government at no cost. 16. $47,000 be appropriated for purchase of miscellaneous shop equipment for Transit from the Urban Mass Transportation Administration grant funds remaining in the 1975 Grant. UMTA provides 80% of the required funding and the State puts up 13%. The City's 7% share is available from the 1972 Bond Election. Formal bids are being solicited for the equipment which costs over $5,000. Informal bids have been taken for equipment under $5,000 and thus an appropriation is needed. Minutes Regular Council Meeting May 13, 1981 Page 6 17. The Senior Community Services Advisory Committee be designated as having the additional function of assisting in planning and carrying out the Title V Older Worker Employment Program. The National Council on Aging requires an advisory committee for this program. 18. A proprosal be submitted to the National Council on the Aging for continued funding of the Title V Older Worker Employment Proram from July 1, 1981 through June 30, 1982. The program cost is $260,000 of which $232,000 will be requested from the National Council on the Aging and $28,000 will be provided by City in-kind participation. No City cash is required. The Program provides approximately 50 half-time positions for disadvantaged persons, 55 years of age or older at minimum wage. The City in-kind consists of supervision provided by various worksite staffs. In regard to item 18, City Manager Townsend presented a list of the locations in which the City has elderly employed. He explained that all but two of the people employed are paid minimum wage and the other two are in a supervisory capacity. Deputy City Manager Ernest Briones explained that most of the employees are referrals through other agencies and there are usually more applicants than there are job positions availabe. Council Member Zarsky inquired about the process of interviewing and qualifying the applicants. Mr. Kelley Elizondo, of the CETA Personnel Office, explained that the applicants must be 55 years of age; there is an economic requirement in regard to their income; those employed now are made up of 60 hispanics, 60 blacks, and 20 anglos; the availability of these jobs is made known to the Senior Citizens by the use of recruitment bulletins placed in Senior Community Service Centers informing them that the jobs are available. He stated that at this time the City has from 12 to 15 applicants on the eligibility list. City Manager Townsend inquired of Mr. Elizondo if he was of the opinion that this program will be continued in view of the numerous federally funded cut-back in the programs. Mr. Elizondo replied that there is every indication that these will be continued even in view of the proposed budget reductions. 19. A lease for the Rainbow Bait Stand be approved for 20 years with Mr. Richard Oshman. The bait stand has been operated by Mr. Wiley B. Gillet and Mr. James C. Gillet, who wish to sell to Mr. Oshman. The bait stand is located on state owned land on the Kennedy Causeway. Mr. Oshman has agreed to construct approximately $40,000 of improvements within two years and pay rent of $200 per month beginning in 1982. The rent would be renegotiable every two years, with the City having the right to increase the rent up to 25% at the end of each two year period. The rent is now $100 per month. One-third of the rent is remitted to the School Land Board, from whom the City leases the property, and one-fourth is placed in an interest-bearing account for planning and constructing public improvements in the area. tes ,alar Council Meeting May 13, 1981 Page 7 City Manager Townsend explained that in the last five years, this bait stand has been leased to five different people and the Staff is of the opinion that approval of this 20 -year lease will encourage this lessee to retain the bait stand lease. He stated that the 20 -year lease will not be in effect unless the construction improvements are actually made. 20. A public hearing be held May 20, 1981 to consider a request from the Nueces Development Company to amend the Master Drainage Plan as it pertains to the proposed River Canyon subdivision. City Manager Townsend located the area and reminded the Council that this development involved an apartment complex; the Staff felt that it would add pollution to the river; studies were made of the situation by the applicant; but the Staff still definitely opposes the project because of the possibility of river pollution. 21. The recommendation of the Municipal Arts Commission be approved that a competition be held for a sculpture to be placed at the Convention Center at a cost of approximately $20,700, including $700 for competition costs and $20,000 for the successful artist to develop the sculpture. The contest will be publicized through area newspapers, colleges and art organizations with each entrant asked to submit a scale model or sketch of his proposed sculpture. Three finalists will be selected by panel of three judges to be submitted to the Municipal Arts Commission and the City Council for final approval. The model or drawing of the three finalists will be publicly displayed and the public invited to vote through newspaper ballot. 22. The following action be taken regarding Washington -Coles Area Phase IIA Improvements: a. The paving assessment hearing held May 6, 1981 be closed and Items No. 15, 23, 24 and 25 be reduced as recommended by the City's appraiser, Mr. Holly. b. Burns Street from West Broadway to Chipito Street be deleted with the subsequent deletion of Items 1 through 5, 6 through 11 and 14 through 20 of the assessment roll as well as Ramirez and Chipito from Burns to Sam Rankin. c. The assessment roll be approved as modified by deleting Burns Street, and one block of Ramirez and Chipito indicating assessments of $60,765.77 on 19 items. d. A contract for $277,930.90 be awarded to Heldenfels Brothers, Inc. and $305,000 be appropriated for the contract award, contingencies and related expenses. There were no comments from the Council or the audience on the City Manager's Reports. Motion by Zarsky that the City Manager's Reports items 2 through 22, item 22, as amended, be approved; seconded by Turner; and passed by those present and voting. ********* Minutes Regular Council Meeting May 13, 1981 Page 8 Mayor Jones called for the ordinances. City Manager Townsend briefly explained the ordinances on the agenda and noted that there is a motion to amend the Marina rate ordinance which is listed as ordinance #8 to clarify to whom the $10 charge is to apply. He stated that this will be presented later in the meeting because the motion to amend has not been prepared yet. He suggested delaying the voting on this ordinance until the motion has been prepared. Mr. Townsend withdrew the ordinance listed as No. 19 in regard to a special permit for the Guy Morrow zoning application since only five council members are present and passage of the ordinance requires six affirmative votes. Council Member Zarsky referred to the ordinance to be considered on third reading granting the lease with Island Enterprises, Inc. for the operation of the newstand and gift concession at the Corpus Christi International Airport terminal building. He suggested that a clause be added to the lease agreement that would include the provision that items for sale which depict human nudity exposing the genitals shall not be placed in any location opened to public view and the violation of this provision will subject the lease to termination at the option of the lessor. Noting the presence of a representative of Island Enterprises, Mayor Jones asked him for his opinion of including this clause in the lease. Mr. Tom Hill, Jr., Vice -President of Island Enterprises, Inc., stated that •he had already removed all of this material that was discussed during the morning Workshop Meeting from the display rack of the news stand at the airport in order that the rack be placed behind the regular rack so that only the titles of the magazines discussed would be seen by the public. He assured Mr. Zarsky that they would only be sold to adults. Council Member Zarsky's motion was seconded by Council Member Kennedy. Mr. Hill then asked for further clarification of the motion and inquired if this prohibition included magazines such as Cosmopolitan, Readers Digest, etc. City Manager Townsend explained that if there is some question as to whether or not other publications fall in this category, it could be decided at a later date. tes ,.ilar Council Meeting May 13, 1981 Page 9 Mayor Jones called for the vote on the motion to add this phrase to the lease and it passed by the following vote: Jones, Turner, Kennedy, and Zarsky voting, "Aye"; Gulley voting, "Nay"; Dumphy and Hawkins, "absent". City Manager Townsend referred to the previously discussed amendment to the Marina rate ordinance in regard to the $10 fee. He explained that the new wording in regard to this fee would be as follows: "$10 per month additional charge shall be placed on slips rented to parties who do not pay Corpus Christi taxes real property taxes and/or who do not maintain a primary permanent residence in this City". Mr. John Stensland, Member of the Marina Advisory Board, explained to the Council that the Board had studied this item and they were of the opinion that people who do not live in Corpus Christi should pay a fee. City Manager Townsend pointed out to the Council that the way it is ,written now, the fee would not be required if the slip renter has a business in their own name in the City of Corpus Christi. Mayor Jones commented that about 20% of the slips are rented by people who do not live in Corpus Christi and he was of the opinion that all of those who do not have their primary residence here should be required to pay the $10 fee. After a short discussion of this, Council Member Gulley moved to change the amendment to read as follows: "$10 per month additional charge shall be placed on slips rented to parties who do not maintain a primary permanent residence in the City". The motion was seconded by Zarsky and passed by the following vote: Jones, Turner, Gulley, Kennedy, and Zarsky voting, "Aye"; Dumphy and Hawkins, "absent". Mayor Jones inquired about the possibility of enforcement. City Manager Townsend stated that the tax rolls would provide one source of determining whether or not someone had their primary permanent residence in the City. Council Member Zarsky expressed the opinion that the rates should be higher because the Marina operates at a loss. There were no further comments on the ordinances. City Secretary Read polled the Council for their votes and the following ordinances were passed: Minutes Regular Council Meeting May 13, 1981 Page 10 FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENTS TO LEASES WITH THE UNITED STATES GOVERNMENT, DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, PROVIDING FOR THE INCREASE OF JANITORIAL AND UTILITY SERVICE FEES IN THE NEW AND OLD TOWER BUILDINGS AT CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL AS MORE FULLY SET FORTH IN THE SUPPLEMENTAL AGREEMENT NO. 3 TO LEASE DOT-FA76SW-1197, SUPPLEMENTAL NO. 2 to FAA LEASE DOT-FASW-1182, AND SUPPLEMENTAL AGREEMENT NO. 2 TO FAA LEASE DOT-FA76SW-H96, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED, RESPECTIVELY, EXHIBITS "A", "B", "C" AND "D", SAID SUPPLEMENTAL AGREEMENTS TO COMMENCE FEBRUARY 1, 1981 AND REMAINING IN EFFECT UNTIL MUTUALLY CHANGED BY AGREEMENT OF BOTH PARTIES. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Gulley, Kennedy, and Zarsky voting, "Aye"; Dumphy and Hawkins, "absent". FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE DTF01-81-L-01089 WITH THE UNITED STATES GOVERNMENT, DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, FOR THE USE OF REMOTE TRANSMITTER SITE #2 AND REMOTE RECEIVER SITE, LOCATED AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, FOR A TERM BEGINNING JULY 1, 1981 AND ENDING SEPTEMBER 30, 1981, WITH THE GOVERNMENT HAVING THE OPTION TO RENEW FROM YEAR TO YEAR, NOT TO EXTEND BEYONG SEPTEMBER 30, 1996, HOWEVER, ALL AS MORE FULLY SET FORTH IN THE LEASE, 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, Turner, Gulley, Kennedy, and Zarsky voting, "Aye"; Dumphy and Hawkins, "absent". FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH RICHARD OSHMAN, DBA RAINBOW BAITSTAND, CONCERNING THE USE OF TRACT 12 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 AND OTHER RELATED RECREATIONAL PURPOSES, 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". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Gulley, Kennedy, and Zarsky voting, "Aye"; Dumphy and Hawkins, "absent". SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A FARM LEASE AGREEMENT WITH GEORGE HOELSCHER FOR A TERM OF FOUR AND ONE-HALF YEARS, SAID LEASE AREA BEING AT THE SERVICE CENTER OF THE CITY OF CORPUS CHRISTI, 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 second time and passed to its third and final reading by the following vote: Jones, Turner, Gulley, Kennedy, and Zarsky voting, "Aye"; Dumphy and Hawkins, "absent". Etes 4ular Council Meeting May 13, 1981 Page 12 SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE JUNIOR LEAGUE OF CORPUS CHRISTI, INC., FOR THE LEASING OF THE PREMISES OF THE LICHTENSTEIN HOUSE, FOR A TERM OF FIFTEEN YEARS, 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 second reading and passed to its third and final reading by the following vote: Jones, Turner, Gulley, Kennedy, and Zarsky voting, "Aye", Dumphy and Hawkins, "absent". SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE JUNIOR LEAGUE OF CORPUS CHRISTI, INC., FOR THE LEASING OF THE PREMISES OF THE SIDBURY HOUSE, FOR A TERM OF FIFTEEN YEARS, 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 following vote was read for the second time and passed to its third and final reading by the following vote: Jones, Turner, Gulley, Kennedy, and Zarsky voting, "Aye"; Dumphy and Hawkins, "absent". SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH J. CHARLES RAWAI,T dba THE COASTWAY CONCERNING USE OF TRACT 8 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 AND RELATED SERVICES TO FURTHER PUBLIC RECREATION, 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". The foregoing ordinance was read for the second time and passed to its third and final reading by the following vote: Jones, Turner, Gulley, Kennedy, and Zarsky voting, "Aye"; Dumphy and Hawkins, "absent". SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING ARTICLE II, MARINA, SECTION 12-61, "RATES AND RENTAL FEES FOR USE OF SLIPS AND DOCK SPACE SCHEDULE AND REGULATIONS"; INCREASING SLIPS RATES TO FIVE CENTS (5$) PER SQUARE FOOT PER MONTH, ESTABLISHING A RATE FOR CHARTER BOATS 21 TIMES THE STANDARD RATE, AND ADDING AN ADDITIONAL CHARGE OF TEN DOLLARS (10.00) PER MONTH ON SLIPS CONTAINING OUT -OF -CITY RESIDENCE SLIP TENANTS SPECIFICALLY AMENDING ORDINANCE NO. 13889, SECTION 1, PARAGRAPH (2),(a) THROUGH (e) AND (g), PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 17, 1976; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third and final reading by the following vote: Jones, Turner, Gulley, Kennedy, and Zarsky voting, "Aye"; Dumphy and Hawkins, "absent". Minutes Regular Council Meeting May 13, 1981 Page 13 THIRD READING - ORDINANCE NO. 16232: TERMINATING CORPUS CHRISTI BANK & TRUST COMPANY'S LEASEHOLD RIGHTS AND INTERESTS WHICH IT PRESENTLY HOLDS IN THE NEWS STAND AND GIFT CONCESSION AREA OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT TERMINAL PRESENTLY OCCUPIED BY ISLAND ENTAERPRISES, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH ISLAND ENTERPRISES, INC. FOR THE RELOCATION AND OPERATION OF THE GIFT AND NEWS STAND AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND EXTENDING THE EXPIRATION OF THE CONCESSION AGREEMENT UNTIL FEBRUARY 27, 1989. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Kennedy, and Zarsky voting, "Aye"; Gulley voting, "Nay", Dumphy and Hawkins, "absent". ORDINANCE NO. 16233: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE PADRE LITTLE LEAGUE -SENIOR LEAGUE FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A RECREATIONAL AREA IN SOUTH GUTH PARK FOR A TERM OF FIVE YEARS, 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 Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Gulley, Kennedy, and Zarsky voting, "Aye"; Dumphy and Hawkins, "absent". ORDINANCE NO. 16234: GRANTING A REVOCABLE EASEMENT TO VALERO TRANSMISSION COMPANY TO INSTALL, OPERATE AND MAINTAIN A 2 -INCH GAS LINE ALONG HUNTER ROAD BETWEEN THE WESTBOUND OUTER ROADWAY OF I.H 37 AND THE NORTHERN CITY LIMITS OF CORPUS CHRISTI, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, 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 passed by the following vote: Jones, Turner, Gulley, Kennedy, and Zarsky voting, "Aye"; Dunphy and Hawkins, "absent". ORDINANCE NO. 16235: GRANTING A REVOCABLE EASEMENT TO HENDERSON PETROLEUM CORPORATION dba COLORADO HENDERSON PETROLEUM CORPORATION FOR INSTALLING A 2 -INCH GAS LINE IN HOLLY ROAD SOUTH OF RODD FIELD ROAD, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, 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 passed by the following vote: Jones, Turner, Gulley, Kennedy, and Zarsky voting, "Aye"; Dunphy and Hawkins, "absent". ites ,u1ar Council Meeting May 13, 1981 Page 14 ORDINANCE NO. 16236: AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 5 TO THE CONTRACT WITH PERMIAN -REPUBLIC, CONTRACTOR FOR IMPROVEMENTS TO THE OSO WASTEWATER TREATMENT PLANT, A SUBSTANTIAL COPY OF WHICH CHANGE ORDER IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", WHICH PROVIDES FOR RECONSTRUCTION OF DAMAGED STEEL SECTIONS IN CHLORINE CHAMBERS NOS. 3 AND 4 AT THE OSO WASTEWATER TREATMENT PLANT: APPROPRIATING $11,834.27 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, APPLICABLE TO PROJECT NO. 250-77-4, OSO WASTEWATER TREATMENT PLANT CONTRACT NO. 4, 75% OF WHICH WILL BE FUNDED BY THE ENVIRONMENTAL PROTECTION AGENCY AND 25% OF WHICH WILL BE FUNDED BY CITY LOCAL SHARES, SAID APPROPRIATION BEING SUBJECT TO APPROVAL AND CONCURRENCE BY THE ENVIRONMENTAL PROTECTION AGENCY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Gulley, Kennedy, and Zarsky voting, "Aye"; Dumphy and Hawkins, "absent". ORDINANCE NO. 16237: AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 TO THE CONTRACT WITH BRASELTON CONSTRUCTION COMPANY FOR IMPROVEMENTS TO THE TERMINAL BUILDING AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, A SUBSTANTIAL COPY OF WHICH CHANGE ORDER IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", WHICH PROVIDES FOR RELOCATION OF THE SECURITY FACILITIES WITHIN THE TERMINAL BUILDING; APPROPRIATING $12,300 OUT OF THE NO. 245 AIRPORT BOND FUND APPLICABLE TO PROJECT NO. 245-77-4, AIRPORT TERMINAL BUILDING IMPROVEMENTS, OF WHICH AMOUNT 90$ WILL BE FUNDED BY THE FEDERAL AVIATION ADMINISTRATION AND 10% WILL BE FUNDED BY CITY LOCAL SHARES, SAID APPROPRIATION BEING SUBJECT TO APPROVAL FROM THE FEDERAL AVIATION ADMINISTRATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Gulley, Kennedy, and Zarsky voting, "Aye"; Dumphy and Hawkins, "absent". ORDINANCE NO. 16238: AUTHORIZING THE PURCHASE OF MISCELLANEOUS SHOP EQUIPMENT FOR THE TRANSIT DIVISION, AS PROVIDED IN THE 1975 UMTA CAPITAL GRANT PROJECT NO. TX -03-0020 FOR $47,700; APPROPRIATING OUT OF THE NO. 218 TRANSIT BOND FUND FOR PROJECT NO. 218-72-2, TRANSIT SYSTEM CAPITAL IMPROVEMENTS (1975), AN AMOUNT OF $47,700 FOR THE SAID PURCHASES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Gulley, Kennedy, and Zarsky voting, "Aye"; Dumphy and Hawkins, "absent". ORDINANCE NO. 16239: AMENDING ORDINANCE NO. 11727, PASSED AND APPROVED ON OCTOBER 3, 1973, PROVIDING FOR THE ESTABLISHMENT OF A SENIOR COMMUNITY SERVICES ADVISORY COMMITTEE TO ASSIST AND ADVISE IN THE PLANNING AND FORMULATION OF SENIOR CITIZENS PROGRAMS, AS AMENDED, SO AS TO DESIGNATE THE SENIOR COMMUNITY SERVICES ADVISORY COMMITTEE AS HAVING THE ADDITIONAL FUNCTION OF ASSISTING IN THE PLANNING FORMULATION OF THE TITLE V OLDER WORKER EMPLOYMENT PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Gulley, Kennedy, and Zarsky voting, "Aye"; Dumphy and Hawkins, "absent". Minutes Regular Council Meeting May 13, 1981 Page 15 ORDINANCE NO. 16240: AUTHORIZING THE CITY MANAGER TO SUBMIT A PROPOSAL TO THE NATIONAL COUNCIL ON THE AGING FOR A TITLE V OLDER WORKER EMPLOYMENT PROGRAM, COMMENCING JULY 1, 1981 AND TERMINATING JUNE 30, 1982, WITH A TOTAL FUNDING FOR THE PROGRAM OF $260,000, ALL AS MORE FULLY SET FORTH IN THE PROPOSAL, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE AND ADMINISTER ALL RELATED DOCUMENTS, CONTRACTS, MODIFICATIONS AND EXTENSIONS REQUIRED IN THE IMPLEMENTATION AND CONTINUATION OF THE AFORESAID PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Gulley, Kennedy, and Zarsky voting, "Aye"; Dumphy and Hawkins, "absent". ORDINANCE NO. 16241: 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 ORDINANANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF GENE BRANSCOME BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT A FROM "I-3" HEAVY INDUSTRIAL DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT AND ON TRACT B FROM "I-3" HEAVY INDUSTRIAL DISTRAICT TO "B-4" GENERAL 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 passed by the following vote: Jones, Turner, Gulley, Kennedy, and Zarsky voting, "Aye"; Dumphy and Hawkins, "absent". ORDINANCE NO. 16243: 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 TUCKER PROPERTIES BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT C, BEING A PORTION OF LOT 2, SECTION 8, BOHEMIAN COLONY LANDS SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE 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 passed by the following vote: Jones, Turner, Gulley, Kennedy, and Zarsky voting, "Aye"; Dumphy and Hawkins, "Absent". ORDINANCE NO. 16244: 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 W. R. HUBLER, SR. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 1, SECTION 30, AND PART OF LOT 1, SECTION 31, FLOUR BLUFF AND ENCINAL FARM & GARDEN TRACTS SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS , FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND P� _r ARING AN EMERGENCY. utes .gular Council Meeting May 13, 1981 Page 16 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Gulley, Kennedy and Zarsky voting, "Aye"; Dumphy and Hawkins, "absent". RESOLUTION NO. 16245: EXPRESSING THE CITY COUNCIL'S SYMPATHY UPON THE PASSING OF THE HONORABLE DENNIS DREYER, MAYOR OF PORT ARANSAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Gulley, Kennedy and Zarsky voting, "Aye"; Dumphy and Hawkins, "absent". ORDINANCE NO. 16246: AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 2 AND 2A FOR THE CABANISS ACRES DRAINAGE IMPROVEMENTS PROJECT; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND FOR PROJECT NO. 220-77-2.13, CABANISS ACRES DRAINAGE IMPROVEMENTS PROJECT, THE SUM OF $3,390, OF WHICH $1,778 IS FOR ACQUISITION AND $1,612 IS FOR APPRAISAL SERVICES AND INCIDENTAL COSTS RELATED TO CLOSING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Gulley, Kennedy and Zarsky voting, "Aye"; Dumphy and Hawkins, "absent". ORDINANCE' NO. 16247: CLOSING THE HEARING OF STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: WASHING-COLES AREA, PHASE IIA 1. Ramirez Street, from Waco Street to IH 37, 2. Chipito Street, from North Alameda Street to North Staples Street, 3. Waco Street, from West Broadway to Lake Street, 4. Lobo Street, from Sam Rankin Street to North Staples Street, 5. Coke street, from Martin Luther King Drive to Xavier Street, 6. Frank Street, from Sam Rankin Street to Nueces Street, 7. Carline Alley, from Frank Street to Lobo Lane, and 8. Lake Street, from North Alameda to North Staples Street. AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT, AND FURTHER DELETING BURNS STREET, FROM CHIPITO STREET TO WEST BROADWAY AND RAMIREZ AND CHIPITO STREETS, FROM SAM RANKIN TO BURNS STREET FROM THE PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Gulley, Kennedy and Zarsky voting, "Aye"; Dumphy and Hawkins, "absent". ORDINANCE NO. 16248: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS, INC., FOR CONSTRUCTION OF THE WASHINGTON-COLES AREA STREET IMPROVEMENTS, PHASE IIA, AND CHANGE ORDER NO. 1 DELETING BURNS STREET, AND PORTIONS OF RAMIREZ AND CHIPITO STREETS FROM THE PROJECT, A SUBSTANTIAL COPY OF WHICH CHANGE ORDER IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $305,000, OF WHICH $60,765.77 IS OUT OF THE NO. 220 STREET BOND FUND AND $244,234.23 IS OUT OF THE NO. 162 FEDERAL/STATES GRANT FUND, DEPT. 152, ACTIVITY 807.04, CODE 502, SIXTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT, OF WHICH AMOUNT $277,930.90 IS FOR THE CONSTRUCTION CONTRACT AND $27,069.10 IS FOR ADDITIONAL ENGINEERING, LABORATORY TESTING, INCIDENTAL AND RELATED EXPENSES APPLICABLE TO PROJECT NO. 220-77-2.16, WASHINGTON-COLES AREA STREET IMPROVEMENTS, PHASE IIA; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting May 13, 1981 Page 17 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Gulley, Kennedy and Zarsky voting, "Aye"; Dumphy and Hawkins, "absent". ********* Motion by Turner that the Council convene in closed session under the authority of Article 6252-17 of V.A.C.S. to discuss personnel matters; seconded by Zarsky; and passed unanimously at 3:14 p.m. ********* Mayor Jones reconvened the Regular Council Meeting at 3:41 p.m. Mayor Jones announced the public hearings on four zoning cases. City Manager Townsend announced the public hearing on Application No. 381-15, MR. and Mrs. David A. Lieber, for a change of zoning from "R -1B" One -family Dwelling district to "AB" Professional Office District on a .634± acre tract of land out of Lot 33, H. B. Sheppard Farm Lots located on the east side of Tuloso Road approximately 788' north of Tawakoni Street. City Manager Townsend noted that the PIanning Commission recommends approval and the Planning Staff recommends denial. He also stated that there was no response to the notices of the public hearing. Mr. Townsend then asked Chief Planner Larry Wenger to summarize the case. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area and stated that the owners plan to use the house located on the lot to start a day care center. Mayor Jones invited the applicant or a representative to speak at this time. Mr. David A. Lieber explained that his wife has asthma and is unable to work outside the home, therefore, she wants to set up a child care facility to earn money. He pointed out that this is a very large piece of property; the adjacent property owners do not object to the change of zoning; is located on a road that is actually an off -ramp for IH 37; they do not feel that the additional traffic load would be significant in view of the heavy traffic that already exists; they plan to construct their own home at the rear of this property; and if the child care center is successful, they plan to construct a new building for that center. es .lar Council Meeting May 13, 1981 Page 18 Mayor Jones inquired if Mrs. Lieber has the necessary permits to operate a child care center. Mr. Lieber explained that his wife is licensed at this time to care for six children but until the zoning is changed to "AB" on this lot, they cannot apply for a license to operate a day care center. Council Member Zarsky stated that he does not have any problem with the use of this property for the planned purpose as specified but he does have a question about changing the zoning to "AB" and inquired if the applicants would consider a special permit. Mr. Lieber agreed that a special permit would be acceptable. Council Member Gulley explained that there is a great need for a day care center in that area. No one else spoke in regard to this application. Motion by Zarsky that the hearing be closed, seconded by Turner, and passed unanimously by those present and voting. Council Member Gulley expressed the opinion that "AB" zoning would be compatible with the schools in the area and he did not feel that anything undesirable would be built there under the "AB" zoning. Motion by Zarsky that the "AB" zoning be denied but in lieu thereof, that a special permit be granted subject to the submission of an acceptable site plan for a day care center; seconded by Turner. Mayor Jones inquired as to why the Staff recommended denial. Chief Planner Wenger replied that there is a school across the street; there is a great of traffic, particularly, with buses taking children to and from school; and the Staff was of the opinion that this zoning would add more traffic in the area. City Manager Townsend further explained that the Staff feels that "AB" zoning is too intense since the lot is located across from the school and is in a residential neighborhood. Council Member Gulley pointed out that the property behind the subject property is already zoned "AB" and he feels that it would be a good buffer between the "R -1B" zoning and the school across the street. Mayor Jones called for the vote on the motion to approve the special permit and it passed unanimously by those present and voting. Minutes Regular Council Meeting May 13, 1981 Page 19 ********* City Manager Townsend announced the public hearing on Application No. 381-16, Mr. A. I. Blum & Others, for a change of zoning from"B-1" Neighborhood Business District to "B-4" General Business District on Lots 1, E -1R, 1C, and 1D, Block 1, Windsor Park, and Lots 5 through 10, Block 1, Alameda Park located on the south side of South Alameda Street approximately 300' west of Sharon Drive. City Manager Townsend informed the Council that both the Planning Commission and the Planning Staff recommend denial and that in response to the notices of the public hearing, one in favor and eighteen in opposition had been returned. He stated that this large number of letters in opposition invokes the 20% rule which will require six affirmative votes of the Council to approve. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that the application was made by several property owners in the neighborhood business district to comply with the other business zoning in the area. Speaking on behalf of the applicants was Mr. Sam Main, 922 Carmel Parkway, who stated that one of the tenants in the buildings installed the "Shutter Blind Shop"; he occasionally needed to repair blinds which requires "B-4" zoning; he has since moved from this location; but the other property owners feel that this property should be zoned "B-4" since the property across the street is zoned "B-4". Council Member Gulley inquired as to why they need "B-4" and asked if they plan to change the existing use. Mr. Main explained that all of these shops are leased by the owner, and at some future time, they might wish to establish a business that would require "B-4" zoning. He again pointed out that "B-4" zoning is across the street and at one end of this shopping strip. Speaking in opposition of this zoning request was Mr. Lewis W. McGaffie, 4402 Wesley Street. He informed the Council that on the rear side of these business properties there is no buffer zone at all next to the residences; in some cases the utility easement is fenced in and in use; he lives directly behind Pace Setter Pools, which is 54' from his back fence; the lot next to him is directly behind Moreland's Shutter Shop and is only 26' from that owner's tes _ , ular Council Meeting May 13, 1981 Page 20 back fence. He stated that if "B-4" zoning is approved, businesses that generate a great deal of noise could be located there, which could make it intolerable for the residents who live there. He then presented to the Council a petition containing 84 signatures of other people in the neighborhood who are opposed to the "B-4" zoning. Mr. James R. Dobson, 4438 Wesley Drive, pointed out that there is a great deal of difference between "B-4" zoning and "B-1" zoning. He informed the Council that he moved to the area a number of years ago because he thought it would be a quiet neighborhood. He noted that now they have businesses in the neighborhood at the back of the property and they do not want any more intense zoning that might possibly allow for noisier or more objectionable types of uses. Mr. Dobson questioned whether or not the sewer is adequate because the line was originally designed to serve residential property. Mr. John Mendleski, 6645 Ennis Joslin Road, stated that he owns property where the "B-4" zoning is located and has a parking lot to serve his business. He pointed out that lots 5 through 12, which are included in the application, have very limited parking and he is therefore opposed to "B-4" zoning for this property. Mrs. Josephine Dobson pointed out that their property is at the corner of Sharon and Wesley and she was of the opinion that "B-4" zoning would not be compatible with the residential zoning in the area. She stated that they are very apprehensive about the kinds of businesses that could be located there if the zoning is approved. Mrs. Margaret McGaffie also expressed opposition to the change of zoning for the same reasons previously expressed. Mr. Edward L. Stillwell, 4321 Gertie, expressed opposition to the change of zoning and urged that this application be denied. No one else spoke in regard to this zoning application. Motion by Turner that the hearing be closed, seconded by Zarsky and passed unanimously. Council Member Zarsky stated that he did not feel there is any need to change this zoning. Motion by Zarsky that Application No. 381-16 be denied, seconded by Turner, and passed unanimously. Minutes Regular Council Meeting May 13, 1981 Page 21 City Manager Townsend announced the public hearing on Application No. 381-17, Southwestern Bell Telephone Company, for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 2, Block 1, Wyman Subdivision Unit I located onthe west side of Airline Road approximately 500' south of Williams Drive. City Manager Townsend informed the Council that both the Planning Commission and the Planning Staff recommend denial of "B-4" zoning but in lieu thereof "B-1" Neighborhood Business District be approved and there was no response to the notices of the public hearing. Ms. Julia Land, representing Southwestern Bell Telephone Company, stated that they have no objection to the "B-1" zoning. No one else spoke in regard to this application. Motion by Turner that the hearing be closed, seconded by Zarsky and passed unanimously. Motion by Zarsky that the Council concur with the recommendation of the Planning Commission and the Planning Staff and deny "B-4" zoning but in lieu thereof, grant "B-1" zoning; seconded by Kennedy; and passed unanimously. ********* City Manager Townsend announced the public hearing on the Application No. 381-18, Mr. R. C. Allen, Trustee, for a change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District on a 5.47± acre tract of land out of Lot 9, Seection 12, Flour Bluff and Encinal Farm and Garden Tracts located on the north side of Wooldridge Road approximately 625' west of Airline Road. City Manager Townsend noted that the Planning Commission recommends approval but the Planning Staff recommends denial because there is presently sufficient "B-1" zoning in this area. He stated that in response to the notices of the public hearing, one in favor and none in opposition had been returned. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area and stated that the applicant plans to develop a neighborhood business center. Jtes 4ular Council Meeting May 13, 1981 Page 22 Mayor Jones invited the applicant to speak. Mr. Tim Clower, representing Mr. Allen, stated that they prepared a master plan of this area; new Airline Road is going to be developed as very wide street similar to Staples Street; they want to construct a new shopping center; and they feel this would be suitable for the neighborhood since there are apartments located to the north of this tract. City Manager Townsend agreed that it is a developing area almost entirely surrounded by apartments. Chief Planner Wenger reminded the Council that the area was the subject of a master plan and there is already "B-4" zoning; there is considerable "B-1" zoning; and the Staff is of the opinion that there is already ample business zoning in the area. City Manager Townsend pointed out that there are a few developers in this area with very large tracts; on the other side of Airline Road, there is already business zoning; and if this is approved, it will tend to invade on the residential zoning in the area. Mr. Clower spoke again and stated that when new Airline is developed, it will be a very wide street which will be ideal to carry traffic to shopping centers. He agreed that this is near a residential development, but pointed out that this is the usual trend for strip shopping centers and gave as examples, Meadowbrook Shopping Center and Cullen Mall, both of which are at the intersection of Airline and Alameda and are almost completely surrounded by residential development. Council Member Gulley expressed the opinion that he did not think the Council should determine zoning because of the existence of similar zoning in the area. Motion by Turner that the hearing be closed, seconded by Kennedy, and passed unanimously. Motion by Turner that the Council concur with the recommendation of the Planning Commission and grant "B-1" zoning for Application No. 381-18; seconded by Gulley; and passed unanimously. Mayor Jones called for petitions or information from the audience on matters not listed on the agenda. Minutes Regular Council Meeting May 13, 1981 Page 23 Mr. Bill Barfield mentioned the fact that he had appeared before the Council several months ago in regard to a problem with the Public Utilities Department in that he had had two meters installed at his property; he had a problem with them in that one was registering and one was not and at the time he tried to straighten out this matter with the Public Utilities Department, he was unfairly treated. He suggested that personnel in the Public Utilities Department should be trained to provide explanations for incorrect utility bills. City Manager Townsend agreed that Mr. Barfield has an unusual situation in that he has one meter that is evidently not working and the deduct meter, which is the second meter installed on his property primarily for agricultural use, was registering usage, but admitted that there had been a number of errors made in his water bills. Mr. Barfield continued by stating that he hada problem in the Tax Office and explained to the Council that he arrived there after 8 o'clock in the morning and no one in the office was working. He stated that the personnel there were reluctant to help him with his problem and expressed the opinion that too many employees are working in that particular office. He also stated that the receptionist was discussing personal matters at the time he was there. Mr. Barfield also registered a complaint about the number of cars from various City departments parked at the main post office at the same time and suggested that arrangements be made to conduct all City business at the post office with one vehicle. Mr. Barfield then asked to have a one acre tract next door to his property to be cleaned up and mowed. He stated that he had also had difficulty with that department in that they indicated that they did not have time. On a related matter, Council Member Gulley mentioned the time that Judge David Diaz appeared before the Council in regard to his problems with the Public Utilities Department and asked if anything had been done to correct the situation there. Council Member Turner reminded the City Manager that this was to be discussed at the Council Workshop. She suggested that the Council Workshop Agenda be changed to include this item. tes ilar Council Meeting May 13, 1981 Page 24 City Manager Townsend referred to the agenda and pointed out that there are two utility items to be discussed on Saturday morning: (1) utility availability and (2) subdivision of land and utility extensions. He expressed the opinion that there are other problems to be considered during the weekend workshop that might have priority over the problems in the Utility Department. Mayor Jones agreed with the City Manager that there are some more important items to be discussed. Council Member Gulley also suggested that the Council's concerns be considered at 8:30 a.m. on Saturday, rather than 8:30 p.m. because he felt that this workshop is designed for the Council, not the Staff. Council Member Turner commented that she thought that the Council was' to discuss matters of concern to them rather than have the Staff prepare the Agenda. Mayor Jones suggested that one of them make a motion if they wish to change the Agenda. City Manager Townsend assured the Council that if they did not want any material prepared for their workshop then the workshop can be unstructured and just have discussion of the Council's concerns. He pointed out, however, that he felt that the new members of the Council might need to have this essential information that had been planned. Council Member Zarsky stated that he felt that it would be more beneficial to the new Council Members to have a structured workshop and also felt that the old Council Members could benefit from this type of workshop. He pointed out that if the Council Members brought up new items at the workshop, the Staff would not have any material prepared. He reminded Mayor Pro Tem Turner that the Council meeting last year to establish their current goals was conducted in September, not at the weekend Workshop. Council Member Kennedy pointed out that everything could not be accomplished in one and one-half days and suggested that the Council schedule additional workshop meetings, possibly on other Saturdays. Council Member Zarsky agreed that meetings to establish goals should be conducted later in the year. Mayor Pro Tem Turner agreed and stated that one of her major concerns is the development of the Bayfront. Minutes Regular Council Meeting May 13, 1981 Page 25 City Manager Townsend reminded the Council that the Staff had prepared this Agenda last week and asked for comments from the Council on items that they wanted included; Council Member Hawkins made one suggestion which was added to the Agenda; but other Council Members had made no other suggestions and the Staff assumed that the Agenda was satisfactory to the Council. He assured the Council again that if they wanted it changed that was their prerogative. Council Member Gulley again referred to Judge Diaz' complaint about the Utility Department and reminded the City Manager and Council that at that meeting, the Staff was instructed to have this matter on the Agenda for the weekend Workshop. Mayor Jones reiterated that if any Council Member wanted the Agenda changed, a motion would be in order. Mayor Pro Tem Turner suggested that police protection be included, sewer service and master planning. She suggested that the Council submit to the City Manager their primary concerns and asked them to schedule meetings later in the year. Mr. Frank Hankins, 721 Crestview, stated that he had intended to speak on the Marina fees but evidently did not arrive at the meeting until after the ordinances were passed. He stated that he is a boat owner and rents a slip in the Marina; he wants to pay his fair share and his utility cost; but he does not feel that he should have to pay for Marina operation. He urged that the Council not increase fees so much that the ordinary person would be forced to pay such large fees that they would have to abandon the boat slips. He expressed the opinion that it would be unfair to increase costs so much that only the wealthy could afford slip rentals and asked about the reason for the 25% increase. City Manager Townsend explained that this increase was determined last August of 1980 but it was not put into effect because of Hurricane Allen. He assured Mr. Hankins that these fees will not go into effect until the repairs are made to the Marina and that the Staff has never intended to recover costs of anything but actual operating expenses. He stated that he will have an analysis of this year's expenses soon and will provide him with a copy. Mayor Pro Tem Turner agreed that a fact sheet should be sent to all citizens who rent slips but she also mentioned to Mr. Hankins that if he had r concerns he could appear before the Marina Advisory Board. rtes ,ular Council Meeting May 13, 1981 Page 26 Addressing the Council on another matter was Mrs. Betty Black, 10733 Westview who suggested that the Council consider the greater Northwest Branch Library during their weekend Workshop. She presented to the Council seventy letters from parents and adults, over 200 letters from high school students, 150 letters from Junior High School Students and approximately 200 letters from Elementary school students requesting that the Northwest Library be constructed as soon as possible. Mrs. Carol Worley, Route 1, Box 32A, Robstown, Texas, addressed the Council in regard to the Hilltop Community Center. She explained that the old Hilltop hospital has been designated as a Community Center by Nueces County; they have 14 to 17 groups meeting there regularly; 7 to 10 groups meeting seasonally; they have special programs for children in the summer; and explained the location of the facility. She stated that a nature area was also given to them in October of 1979 and they feel that they are offering a service to the entire community. She informed the Council that they requested funding from the Nueces County Commissioners Court for a director for the Center and after discussion, Judge Barnes had indicated that he would write a letter to the City of Corpus Christi to request assistance in the funding of the Center. She stated that the Center is deteriorating and there is a great need for someone to serve as director but this would require funds. Mayor Pro Tem Turner inquired of Mrs. Worley the amount she was requesting and Mrs. Worley replied that the salary of the director would be approximatley $14,000 a year. She stated that the County already pays utilities and the cost of a custodian for the facility. Mrs. Worley continued by stating that she was of the opinion that this community center helps establish a community spirit by providing a place for area neighbors to meet and get acquainted. City Manager Townsend explained to the Council that the County operates that facility as well as the park. He pointed out that the City already has West Guth Park in that area, which is a very large park and could serve the residents of that area. Minutes Regular Council Meeting May 13, 1981 Page 27 Speaking on another matter was Mr. Stanley Cohen who referred to a problem that exists in the City in regard to the sale of uncontrolled drug substances such as No -doze, Contact, etc. He explained that these drugs are being sold in large quantities; they resemble other drugs such as "speed", etc.; and asked that the City do whatever they can by passing a nuisance ordinance to prevent the distribution of such "look alike" drugs. Council Member Kennedy inquired of Mr. Cohen if he was aware of the methods employed by other Cities to discourage such sales and Mr. Cohen replied that in other cities, public reaction to the sale of these uncontrolled substances had created an atmosphere that discouraged sales. Mayor Jones suggested that this matter be an agenda item for discussion within the next few weeks. Mr. Cohen stated that he has already submitted a suggested bill to be introduced by Representative Ken Riley. Mr. Benny Benavides, 2421 Cleo, appeared before the Council in regard to the redistricting of the Legislative Districts of the State. He stated that he has obtained letters of support from several Nueces County officials expressing opposition to the plan to divide Nueces County into two separate districts. He stated that the letters he had obtained all expressed approval of keeping Nueces County intact in the redistricting process. Mayor Pro Tem Turner pointed out that since all of the information is not available in regard to the various proposals for redistricting, she did not feel that the Council should take a position at this time. She suggested that if individual Council Members who are of the opinion that Nueces County should not be divided, they write individual letters of opposition. Council Member Kennedy stated that he understood that the alternative to this plan is worse than dividing the County. Mayor Jones noted that the Chamber of Commerce has taken the position that this division would be good for the City. City Manager Townsend agreed that there is a question as to how the area is going to be divided otherwise and the Staff has not attempted to recommend any position on this because it is a highly political situation. He stated that the Staff has always felt that the entire South Texas delegation are the ones to approach for support on areas of concern to the City. He agreed that if one ites dular Council Meeting May 13, 1981 Page 28 district extends in to the Houston area, it might be that that person would not be concerned about the City of Corpus Christi, however, he expressed the opinion that if there were two Congressmen from Corpus Christi, this could only be favorable to the City. Council Member Gulley expressed appreciation to Mr. Benavides for bringing this information to the Council but explained that the Council has not heard the other side of the argument. ********* City Secretary Read informed the Council that he now had before him the two zoning ordinances which had been approved during the public hearing and suggested that they be voted on at this time: ORDINANCE NO. 16249: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 2937, 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 SOUTHWESTERN BELL TELEPHONE COMPANY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 2, BLOCK 1, WYMAN SUBDIVISION UNIT 1, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD 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 passed by the following vote: Jones, Turner, Gulley, Kennedy and Zarsky voting "Aye"; Dumphy and Hawkins, "absent". ORDINANCE NO .16250: 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. 6102, AS AMENDED, UPON APPLICATION OF R. C. ALLEN, TRUSTEE, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF LOT 9, SECTION 12, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "B-1" NEIGHBORHOOD 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 passed by the following vote: Jones, Turner, Gulley, Kennedy, and Zarsky voting, "Aye" Dumphy and Hawking, "absent". ********* Motion by Turner that the Council convene in closed session under the authority of Article 6252-17C of V. A. C. S. ; seconded by Zarsky and passed unanimously at 6:14 p.m. Minutes Regular Council Meeting May 13, 1981 Page 29 Mayor Jones reconvened the Regular Council Meeting at 6:52 p.m. There being no further business to come before the Council, on motion by Turner, seconded by Kennedy, and passed unanimously, the Regular Council Meeting was adjourned at 6:53 p.m., May 13, 198.