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HomeMy WebLinkAboutMinutes City Council - 05/27/1981MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 27, 1981 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner COUNCIL -MEMBERS: Jack K. Dumphy Bob Gulley Herbert L. Hawkins Dr. Charles W. Kennedy Cliff Zarsky 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 Roy Simmons of Holly Road Church of Christ, following which the. Pledge of Allegiance to the Flag of the United States was led by Council Member Charles Kennedy. 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. City Manager Marvin Townsend requested that item I.- MOTION TO RECONSIDER be considered first. Granting a speacial permit for an art gallery allowing the sale of products on the premises and meeting all ordinance requirements of the "B-1" district with any sign to be on the fact of the building on a lot located on the west side of Airline. Road approximately 137' south of Airline Road and Lum Street upon the application of Mr. Guy Morrow (Public Hearing - 5/6/81, Planning Commission concurs, this ordinance was passed last week but it requires six votes because the 20% rule is in effect. Only five Council Members were present last week. Motion by Gulley that the ordinance described above be reconsidered, seconded by Turner, and passed unanimously. Mayor Jones announced the issuance of the following proclamations: "DORIS HENDERSON DAY" - May 24, 1981 and "HURRICANE AWARENESS WEEK" -June 1 - 7, 1981 and called particular attention to this proclamation stating that he hoped that citizens would prepare for hurricanes now before a hurricane is imminent. taROFILMEQ Minutes Regular Council Meeting May 27, 1982 Page 2 Mayor Jones called for consideration of appointments to Boards and Commissions and reviewed the appointees considered during the morning Workshop Meeting. Motion by Zarsky that the following appointments be confirmed, seconded by Dumphy, and passed unanimously: BUILDING CODE BOARD OF APPEALS: Mr. Jerry F. Owens TRAFFIC SAFETY ADVISORY BOARD: Mr. Richard Graessle (Reappointment) Mrs. Herbert E. (Sally) Madalin (Reappointment) TERM TO EXPIRE: 5-04-85 4-30-84 4-30-84 LA RETAMA LIBRARY BOARD: Mrs. Alicia Gallegos Abarca 11-05-82 SISTER CITY COMMITTEE: Mrs. B. G. Poole (Reappointment) 5/84 Eddie Salinas (Reappointment) 5/84 Mrs. Carol Ann Davis (Reappointment) 5/84 Mrs. James Harris (Reappointment) 5/84 Dr. Howard Tirschwell (Reappointment) 5/84 Mr. Jose Gaytan 5/84 Commander James Gillin 5/84 Mrs. Barbara Campbell 5/84 Mr. Bill Harwick 5/84 Mrs. Elide Gonzales 5/84 Ms. Gloria Rodriguez 5/82 Mr. Robert Schakelford, Jr. 5/82 HUMAN RELATIONS COMMISSION: (Mayor's Appointment with Council's confirmation) Mr. Roy Rocha 6/14/83 CORPUS CHRISTI INDUSTRIAL DEV. CORP. BOARD OF DIRECTORS: Mayor Luther Jones 5/83 Mayor Pro Tem Betty N. Turner 5/83 Council Member Jack Dumphy 5/83 Council Member Bob Gulley 5/83 Council Member Herbert L. Hawkins, Jr. 5/83 Council Member Charles "Bud" Kennedy 5/83 Council Member Cliff Zarsky 5/83 CORPUS CHRISTI HOUSING FINANCE CORP. BOARD OF DIRECTORS: Mayor Luther Jones 5/83 Mayor Pro Tem Betty N. Turner 5/83 Council Member Jack Dumphy 5/83 Council Member Bob Gulley 5/83 Council Member Herbert L. Hawkins, Jr. 5/83 Council Member Charles "Bud" Kennedy 5/83 Council Member,Cliff Zarsky 5/83 .,tes Regular Council Meeting May 27, 1981 Page 3 Mayor Jones then administered the oath to new appointees to various boards and committees. Motion by Zarsky that the Minutes of the Regular Council Meeting of May 13, 1981 be approved, seconded by Dumphy, and passed unanimously. Mayor Jones announced the scheduled bid openings listed below: 1. Drainage improvements in Gaines Street and Eldon Drive. This 1977 bond project will provide 15" to 30" diameter storm sewers to drain the surrounding area. Assistant City Manager James K. Lontos, opened bids on this project from the following firms: Backhoe Lease Service; Maverick Construction Company, Heldenfels Brothers; Isles Construction Company; Asphalt Concrete Paving Company; Chapman Construction Company; H & H Construction Company; and APCCO. Mr. Lontos verified that each bidder had submitted the required bid security bond with their bids. Mayor Jones stated that the bids would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. The next bid opening was for the depository contract. Mr. Harold Zick, Director of Finance, opened and read bids from the following banks: Corpus Christi Bank & Trust and Corpus Christi National Bank. Mayor Jones stated that these bids would also be tabled for 48 hours and referred to the Staff for recommendation for award. ********* K. Confirmation of actions taken during the Workshop Meeting of May 27, 1981. 1. Consideration of establishing a committee to advise the City Council on equitable representation of all segments of the community in its civic and political affairs. City Manager Townsend inquired about charges to this committee and Council Member Dumphy replied that it would be an Ad Hoc Committee to serve until December 1, 1981 and the charge would be the same as indicated on the form prepared by one of the Council Members. Minutes Regular Council Meeting May 27, 1981 Page 4 Motion by Kennedy that the Council approve the composition of this committee with the one change in the form being that the chairman is to be selected by the committee; seconded by Zarsky. Council Member Zarsky expressed concern about the statement that a member would automatically be eliminated from the committee if they had one absence and made a motion that the document be amended to state that if a member has two unexcused absences, he or she would be dismissed from the committee. Following a discussion, Mayor Pro Tem Turner stated that she felt that one absence was more in order. Council Member Zarsky then withdrew his motion. Mayor Jones called for the vote on the motion to approve the composition of the committee and it passed unanimously. He then stated that the appointments will be made next week. ********* 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. Twelve months supply of brass and galvanized service fittings for the Water and Gas Divisions be awarded to the following firms on the basis of low bid: Rohan Company San Antonio 8900 - 3/4 to 2'r brass service fittings Coastal Pipe and Supply, Brownsville 1550 - 3/4" & 1" brass curb and meter stops 1500 - brass angle ball meter stops $33,162.17 $15,448.72 18,624.90 $34,073.62 Southwest Meter and Supply Marshall 725 - 3/4" & 1" brass angle ball meter stops $11,232.51 Trans Tex Supply San Antonio 1135 - 1/2 to 2' black & galvanized service fittings± $10,475.12 Grand Total - $88,943.42 The apparent low bids of $8,576.57 by the Rohan Company and $8,742.87 by Mars Utility of San Antonio on the black and galvanized service fittings are not recommended because the brand of fittings bid has had a high incidence of leaks in the past. Also, the size of fittings is such that modifications to existing meter sets would have to be made before the fittings could be used. Bids were received from 11 firms. Price comparison shows an increase of approximately 14%. ates Regular Council Meeting May 27, 1981 Page 5 2. Twelve month supply of water meter parts be awarded to the following firms on the basis of low bid: Rockwell Mfg. Company Houston 3/4" Rockwell Meter Parts 3/4" - 4" Sealed Register & Single Dial Rockwell Meter Parts Estimated Annual Usage $30,658.00 S.L.C. Meter Parts Co., Pontiac, MI Calmet Meter Parts Estimated Annual Usage $10,459.00 Badger Meter, Inc., Milwaukee, WI Ba.ger Meter Parts Estimated Annual Usage $ 1,065.00 Carlon Meter Co., Grand Haven, MI Car on Meter Parts Estimated Annual Usage $11,372.00 Hersey Products, Inc. Dallas Hersey Meter Parts Estimated Annual Usage ' $ 4,594.00 Carlon Meter Co., Grand Haven, MI Carlon Meter Parts Estimated Annual Usage $11,372.00 Hersey Products, Inc. Dallas Hersey Meter Parts Estimated Annual Usage $ 4,594.00 Neptune Meter Company, Dallas Trident Meter Parts Estimated Annual Usage $ 670.00 % of Discount Off Price List 10% 30% 15% 45% 10% 0% 10% 0% 0% GRAND TOTAL -Estimated Annual Usage $58,818.00 Seven bids were received. The higher or same discounts bid by Meter Conversion, Inc., of St. Louis, Missouri on the Rockwell meter parts, Carlon meter parts, Hersey and Trident meter parts are not recommended because this company cannot supply a full line of parts for any of these meters. The company specializes in converting mechanical meters to magnetic rather than supplying parts. Price comparisons show a decrease of approximately 3%. 3. $76,128,88 be appropriated to supplement previous appropriations of $6,819.04 for a total of $82,947.92 to reimburse the General Fund for improvements to parks by the Park Division: Parks: Patterson $ 3,060.88 Swings Congress 5,256.20 Playground, swings and slide Ridgewood 15,315.77 Theme playground, swings, fence and sprinklers Mobile 7,723.10 Theme playground, patio and brick work Snead 24,482.02 Irrigation System Laguna 15,127.66 Irrigation improvements, slab, shelter and basketball backboard Elgin 5,163.25 Filled low areas, basketball backstop, seeded and fertilized trees H.E.B. 3,484.17 Concrete slabs, slide and spring animals Los Encinos 3,334.87 Post and cable and expanded irrigation system TOTAL ---- $82,947.92 Minutes Regular Council Meeting May 27, 1981 Page 6 Of the total appropriations, $6,410.80 is from Park Trust Funds ($3,046 for Ridgewood Park and $3,334.87 for Los Encinos Park) and the balance from the Park Bond Fund ($76,537.12). Mayor Pro Tem Turner inquired if plans had been prepared for park development in specific parks. City Manager Townsend replied that the Staff does have plans for most of the parks but sometimes the plans are not approved and quite often, only the first phase of the plan can be installed because of lack of funds. Mayor Jones mentioned the fact that vacant land in parks is well utilized by children playing games and is very necessary even if the park cannot be completely developed. 4. Mitchell Energy Offshore Corporation be granted a permit to drill a well from a location 7,500 feet seaward of Mustang Island State Park in the Gulf of Mexico. The State Tract 895-S No. 1 well will be drilled as a straight hole to a depth of 9,700 feet. No exceptions to the Gulf Drilling Ordinance are requested. Mitchell Energy is a new operator in this area. The company has posted the necessary bond and met the insurance requirements of the Gulf Drilling Ordinance. 5. A public hearing be held on June 17, 1981 on a request to close Avenue D and a 20 -foot alley in Block 10, Calallen Townsite, from Middle Lane to Mountain Trail. Both of the right-of-ways are unimproved. Some utility easements would need to be retained as a result of the closure request and replatting would be necessary. 6. Bids be received June 15, 1981 for the sale of Lot 10, Block 2, Countiss Addition (75' x 300'), located in the 4400 block of Sharpsburg Road. This parcel was acquired for drainage purposes and is now surplus. The City has dedicated a 20' drainage and utility easemment along the north boundary. The lot will be sold subject to this easement. A number of persons have expressed an interest in purchasing the property. 7. A contract be authorized with the State Department of Highways and Public Transportation for reimbursement of 13% of the purchase cost of buses and related equipment under the capital grant from the Urban Mass Transportation Administration approved February 9, 1981, with an estimated project cost of $2,487,300. Of the total cost, UMTA pays 80% and the City 7%. The City's portion is available in the Transit Bond Fund. The project includes purchase of 15 buses, a spare diesel power train, two wheelchair lift -equipped vans, fifteen bus shelters, and bus stop signs. Mayor Jones asked about the status of the requirement for wheelchair lifts to be installed on all public vehicles. City Manager Townsend explained that this matter is still being considered by Congress and the issue has not been resolved. He stated that cities that have attempted to comply with this requirement have experienced a number of problems. _.rtes Regular Council Meeting May 27, 1981 Page 7 8. An Amendment to the Step 1 (Planning) Grant on the Flour Bluff Wastewater Treatment Plant be submitted to the Texas Department of Water Resources for reevaluation of the Facility Plan and Environmental Assessment to increase the proposed design year treatment capacity due to significant increases in area population and to reflect year 2000 estimates. The original design capacity was forecast in 1976 for 1995. Additional engineering fees of $11,498 will be involved of which EPA will pay 75%. The engineering work for the revision has been underway for several months and should be finished by August 1, 1981. 9. Ella Barnes Unit 1-B Street Improvements be accepted and final payment of $108,555.43 be made to King Construction Co. This 5th year Community Development and 1977 bond program project included the following streets: Bruce Street from Hibiscus to Elgin Buford Street from Port to Highland Elgin Street from Buford to Morgan Hibiscus Street from Highland to Bruce Sabinas and Verbena Streets from Highland to Morgan Agarito Street from Elgin to Baldwin Bright and Verbena Streets from Reyna to Morgan Elgin and Sabinas Streets from Morgan to Baldwin Reyna Street from Greenwood Drive to H.E.B. Shopping Center The total cost was $1,176,942.17 which reflects an over -run of $9,850 due to sidewalk quantities inadvertently omitted from a change order. An appropriation of $11,786.77 is needed to close out the project. 10. The Segrest Addition Street Improvement project be accepted and final payment of $203,210.86 be made to Isles Construction Company. The total cost was $1,472.660.46 which included construction of the following new streets and water lines: Francis Street - Brannan Street Segrest Street - Headley Street - Heinley Street - Niagara Street - Crosstown to South Port Avenue - Crosstown to South Port Avenue Crosstown to South Port Avenue Crosstown to Morgan Avenue Crosstown to Morgan Avenue Baldwin to 19th Street The project is a 5th Year Community Development and 1977 bond election project. The contractor exceeded the allotted working time by 4 days. An extension is recommended due to two change orders. 11. Bids be received June 23, 1981, for two high pressure sewer and man hole cleaners with cab and chassis for Wastewater Services. 12. A contract for pavement repairs to the T -Heads and the L -Head, including repairs to the Pavillion on the Peoples Street T -Head, be awarded to A. Ortiz Asphalt Paving of Corpus Christi for $181,261.77. All of the paved areas will be repaired and/or reworked to correct damage caused by Hurricane Allen. The Federal Emergency Management Agency will contribute approximately $40,000 toward the cost. An appropriation of $186,000 is needed for the contract award and related expenses. City Manager Townsend commented that it is going to be difficult to complete all of the necessary improvements to the Marina in view of the charge the Council made in regard to the Revenue Sharing funds. Minutes Regular Council Meeting May 27, 1981 Page 8 13. An agreement be approved with Mr. Buddy Seeds, developer of Retta Estates Subdivision for the City to reimburse the developer $14,255.15 for one-half the cost of the street at the dedicated park. The developer will pay the City $600 an acre for the northwest 19.453 acres (or $11,671.80) as a sanitary sewer fee. The City will pay one-half the cost of a gravity sanitary sewer line in Retta Drive, plus a prorata future collection fee of $2.00/front foot, resulting in the City's share of $12,223.44. Existing residences on the north half of Retta Drive will be served by paying a front foot prorata charge and tap fee. An appropriation of $26,478.58 is recommended including $14,255.14 for street improvements around the park and $12,223.44 for the City's share of the sanitary sewer line. City Manager Townsend reviewed this matter as discussed during the 1 public hearing several weeks ago and reminded the Council that the developer was to pay $600 per acre on the twenty -acre portion; in order to get sewer service to Rhetta Drive, Mr. Seeds would have a choice in that he could either pay $600 an acre with no responsibility for the installation of the sewer line on Retta Drive or he could pay the cost of the line less the front foot charge which would be paid by the property owners on the street and the City would pay one-half of that cost. He reminded the Council that this is only on one-half of Retta Drive that is closest to Purdue Street. He stated that this project will be completed in six months. Council Member Zarsky commented that Mr. Seeds had indicated that he would not start this project before the six months. Mayor Jones inquired if this was fair to the City and City Manager Townsend explained that the Staff did not recommend this but this was the decision of the Council. 14. The purchase of two replacement tires ($6,300) for a five cubic yard front end loader at the sanitary landfill be noted. Two of the vehicle's four tires are worn out and can not be again recapped. Two steel radial tires were purchased instead of foam -filled tires. Recent landfill experience has shown that the steel radial tires perform satisfactorily and may last longer. The steel radial tires cost approximately 50% less. Mayor Jones ascertained that no one in the audience wished to speak on the City Manager's Reports. Motion by Turner that the City Manager's Reports, Items 1 through 14, be approved; seconded by Kennedy; and passed unanimously. i._ _ies Regular Council Meeting May 27, 1981 Page 9 City Manager Townsend presented the following for the Council's consideration: Consideration of the request of Mr. Harvey Grossman to reopen the Segrest Area Street Improvement assessment hearing to further review the assessment on property at 2501-2507 Headley Street. Construction has been completed. Acceptance of the final assessment roll is scheduled for June 10, 1981. if the hearing is to be reopened for this limited purpose, it could also be on June 10, 1981. City Manager Townsend briefly reviewed this matter to bring the Council up-to-date stating that Mr. Grossman appeared at an assessment hearing on the Segrest Area Street Improvement Project; the final assessment roll is scheduled to be approved on June 10, 1981; Mr. Grossman had indicated that he did not feel that his property would be enhanced in the amount of the assessment and at the time of the hearing, he was asked to put his concerns in writing for the Council's consideration. Mr. Townsend explained further that the assessment roll was technically adopted by the Council but Mr. Grossman feels that his written request was not acted upon because the Council did not receive his complaint in writing prior to this adoption. City Manager Townsend asked the Council to consider the fact that if an assessment hearing is reopened after a project has been completed this might establish a precedent. He then asked the Council if they wished to schedule an appearance by Mr. Grossman next week prior to the final adoption of the assessment roll. He stated that he did want to caution the Council that it is not usual to consider an assessment item separately. Council Member Dumphy inquired if the Staff still recommends against a reduction of Mr. Grossman's assessment. City Manager Townsend explained that the Staff recommends no decrease because Mr. Grossman has not made any improvements to the property in question and that is the reason that he is not realizing a profit from his rental property. He noted that Mr. Grossman contends that the assessment against his property is excessive because of the fact that he is not receiving a great deal of income from the property. City Manager Townsend pointed out, however, that Mr. Grossman's assessment is consistent with the other assessments in the neighborhood. Motion by Hawkins that Mr. Harvey Grossman's request to reopen the Segrest Area Street Improvement assessment hearing for further review be denied; seconded by Zarsky; and passed unanimously. Minutes Regular Council Meeting May 27, 1981 Page 10 Mayor Jones requested that the Staff prepare a letter to be sent to Mr. Grossman explaining that after due deliberation the Council voted to deny his request. ********* Mayor Jones announced consideration of the following hearing: Appeal of Bay, Inc. on the plat of Industrial Heights, Section 2, Block 2, Lot 5. This appeal was approved by the Planning Commission on January 20, 1981, subject to two conditions, neither of which are being appealed. The owner is appealing a requirement of the Platting Ordinance requiring all parties having an interest in the property to approve and sign the plat. The owner has been unable to obtain the approval of owners of two pipeline easements which cross his property. One pipeline was recently relocated into land now being dedicated for street right-of-way. City Manager Townsend explained that the issue before the Council is the question of a number of pipelines. He stated that the usual procedure when a subdivider is platting land, it is necessary for all owners of easements to sign the plat, and that this has not been done in this case. He explained the concern of the City Staff because there is a question that if the owners of the easements have not signed the plat, there is a question of who has the primary right, the City or the owners of the pipeline easement. He reiterated that since all of the owners have not joined in the plat to place the City's rights above the private owners, there is concern on the part of the Staff that if the easements needed to be moved in order to install a street, problems might occur. He further explained that the plat submitted has to be approved and one of the pipelines involved has been relocated to the street right-of-way. He expressed concern that the pipeline owners may have the primary right to the easement and it may be necessary for the City to have this pipeline relocated in order to construct the street. Mayor Jones called for a representative of Bay, Incorporated to speak. Mr. Ben McDonald, Attorney representing Bay, Incorporated, stated that he would like to explain the matter of the problems with pipelines. He informed the Council that the Delhi Gas Pipeline is not within the plat insofar as it runs parallel to Corn Products Road. He stated that this pipeline was moved long before the plat was prepared; the City wanted those ten feet for a street right-of-way which his client had donated. Mr. McDonald stated that the problem seems to be that the owners of the pipeline easements, including this one in the street right-of-way, have refused to execute a certificate in relation h_ _es Regular Council Meeting May 27, 1981 Page 11 to such easement rights. He stated that the Planning Commission recommends that the easement certification certificate requirements be waived and this plat be approved. Mr. McDonald also explained that no one, including the City, of Corpus Christi, has been able to locate one of the easements since it has not been filed in the County Clerk's Office. He further explained that the City has indicated that they would require that the owners of the pipelines subrogate their easement rights to the City before the plat can be approved. Mr. McDonald did state, however, that he had prepared a second kind of certificate which was signed by both pipeline companies involved to the effect that the plat is correct in the location of their pipeline easements but they have just been unable to obtain signed certificates by the pipeline companies subrogating their rights to the City. Mr. McDonald summarized by urging that the Council concur with the Planning Commission's recommendation and waive the platting requirement for a subrogation certificate. City Manager Townsend informed the Council that the Planning Commission does not have the authority to waive such requirements. He explained that the width of streets is set in the Master Plan; the width of the street cannot be changed; and the City cannot accept a dedication of a portion of the street right-of-way that is encumbered with a pipeline. Mr. Townsend explained the problem in that if the City constructs a street over the pipeline and the pipeline has to be moved or lowered, the cost of such relocation would have to be at the City's expense. He stated that there is also a question as to whether or not the owner can dedicate a street right-of-way encumbered by a pipeline. City Manager Townsend pointed out that the land should have been platted at the time it was divided and sold. Mr. McDonald again pointed out that the question is whether or not the owners of the easements have to subrogate their easement rights to the City. City Manager Townsend noted that this type of question will continue to arise on commercial subdivisions. Council Member Gulley pointed out that the pipelines were located there before the property was even taken into the City limits. Mr. Ken Berry of Bay, Incoporated, stated that Delhi Gas Pipeline relocated their pipeline off of the property into the 10 -foot area being dedicated as additional right-of-way approximately two months ago and it is his understanding that the pipeline is 36" deep. Minutes Regular Council Meeting May 27, 1981 Page 12 City Manager Townsend pointed out that if that is the case, the pipeline will definitely have to be lowered when the street is constructed. Mr. McDonald pointed out that his clients have done everything possible to comply with the regulations in regard to pipeline easements. Motion by Turner that the Platting requirement for subrogation of the easements be waived; seconded by Gulley. City Manager Townsend noted that the action that is before the Council is not waiving a plat requirement but it is whether or not they agree to accept a pipeline that is in the street right-of-way area. Council Member Zarsky stated that he would have to vote against this motion because he felt that if property is purchased that has a pipeline on it, the subdivider of the property should comply with City regulations. Mayor Jones also indicated that he could not vote to waive this requirement because the City might have to pay for the removal of the pipeline and he therefore did not feel that the citizens' tax money should be spent in this manner. City Manager Townsend explained to the Council that if they wanted to take some action it would be necessary to amend the Platting Ordinance to allow for this waiver. He also suggested that he did not see how this could be done without actually seeing the location of the easement and no one has been able to locate the easement. City Attorney J. Bruce Aycock confirmed this by pointing out that Mr. McDonald has endeavored to obtain signatures from the owners of the pipelines because the ordinance requires that all owners must join in the dedication of the street and it is the opinion of the Legal Staff that this is required but since this cannot be done, if the Council desires to waive this regulation, then the Platting Ordinance must be amended. Motion by Kennedy that the Staff prepare an amendment to the ordinance to allow the waiver of this requirement that the signatures of all property owners relinquishing their subrogation rights be approved. Council Member Zarsky suggested the inclusion of an indemnity clause and City Attorney Aycock agreed that the Council could request an indemnification ordinance. as Roynlar Council Meeting May 27, 1981 Page 13 Mr. McDonald pointed out that this is an expensive project; his client has almost completed the arrangements for the project; and he would like to have this resolved as soon as possible. Dr. Kennedy stated that he felt that the applicant should sign an indemnification agreement to be liable for any expenses that might be incurred because of the location of the pipeline easement in the street right-of-way. City Manager Townsend stated that the seller of the property should have platted the property before it was sold and in this case, the former owners of the property, the Weil family, should have platted the property before they sold it to Bay, Incoporated. Council Member Hawkins moved that Dr. Kennedy's motion be amended to the effect that there should be some kind of indemnification as a part of the amendment to the Platting Ordinance. Council Member Zarsky seconded this amendment to the motion. Council Member Gulley suggested that the indemnification agreement should be prepared to the effect that it would only be necessary if the City actually has to have the property. He also expressed the opinion that it is essential that the pipeline actually be located. Mayor Jones called for the vote on the amendment to Council Member Hawkins motion to amend and it passed unanimously. Council Member Kennedy's motion was seconded by Turner. Mr. McDonald stated that he concurred with the recommended actions but his client would like to have a building permit as soon as possible rather than waiting until next week. The Council indicated their concurrence that it would be possible for Mr. Berry to obtain a building permit as soon as possible. Mayor Jones called for the vote on the motion to grant the waiver in the method stated in Dr. Kennedy's motion with the waiver to be effective today, and the motion passed unanimously. City Manager Townsend pointed out there is still a need to locate that particular easement. Mr. McDonald assured the Council that he would attempt to locate the easement that afternoon. Minutes Regular Council Meeting May 27, 1981 Page 14 City Manager Townsend explained that there is a problem unless the easement can be located but as soon as it is, Mr. Berry can obtain a building permit. ********** Mayor Jones declared the Regular Council Meeting recessed at 4:40 p.m. in order to convene the Special Council Meeting to consider zoning applications. ********* Mayor Jones reconvened the Regular Council Meeting at 5:02 p.m. Mr. Ben McDonald, who had returned to the Council Chamber, addressed the Council and informed them that he had located at the title company the signed document pertaining to the easement in question in connection with the Bay, Incorporated hearing . He then provided Mr. Townsend with a copy of the document. ********* 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: SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH COASTAL IRON WORKS, INC. FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 32"; 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 second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy, and Zarsky voting, "Aye". SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH ESCO DISTRIBUTORS, INC. FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 33"; 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. )regoing ordinance was read for the second time and passed to its third "n. ,ig by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarskv voting, "Ave". Aar Council Meeting May 27, 1981 Page 15 SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL AGREEMENT WITH H. S. SIZEMORE AND SON COMPANY FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 34"; 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, MARED EXHIBIT 1. The foregoing ordinance was read for the second time and passed to its third and final reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH TURNER TOOL JOINT REBUILDERS CORPORATION FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 35"; 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 second time and passed to its third and final reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 16266: AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENTS TO LEASES WITH THE UNITED STATES GOVERNMENT, DEPARTMENT OF TRRANSPORTATION 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 SUPPLEMENTAL AGREEMENT NO. 3 TO LEASE DOT-FA76SW-1197, SUPPLEMENTAL AGREEMENT NO. 2 TO FAA LEASE DOT-FASW-1198, SUPPLEMENTAL AGREEMENT NO. 2 TO FAA LEASE DOT-FASW-1182, AND SUPPLEMENTAL AGREEMENT NO. 2 TO FAA LEASE DOT-FA76SW-1196, 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 third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 16267: AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE DTFA)1-81-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 FOR YEAR TO YEAR, NOT TO EXTEND BEYOND 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 third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Minutes Regular Council Meeting May 27, 1981 Page 16 THIRD READING - ORDINANCE NO. 16268: 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 third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 16254: 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 third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 16255: 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 foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16269: AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT AN APPLICATOPM FOR AMENDMENT TO THE STEP ONE GRANT ON THE FLOUR BLUFF WASTEWATER TREATMENT PLANT, 'WHICH PROVIDES FOR ADDITIONAL ENGINEERING FEES, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT WITH URBAN ENGINEERING FOR PREPARATION OF THE STEP ONE DOCUMENTS NECESSARY FOR THE SAID WASTEWATER TREATMENT PLANT; APPROPRIATING $11,498 OUT OF THE NO. 250 SANITARY SEWER BOND FUND FOR ADDITIONAL ENGINEERING FEES PAYABLE TO URBAN ENGINEERING, OF WHICH $8,623 IS TO BE FUNDED BY THE ENVIRONMENTAL PROTECTION AGENCY AS THE FEDERAL SHARE APPLICABLE TO PROJECT NO. 250-77-19, LAGUNA MADRE (FLOUR BLUFF) PLANT EXPANSION, SUBJECT TO APPROVAL BY THE TEXAS DEPARTMENT OF WATER RESOURCES AND THE ENVIRONMENTAL PROTECTION AGENCY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". es Aar Council Meeting May 27, 1981 Page 17 ORDINANCE NO. 16270: APPROPRIATING $11,786.77 OUT OF THE NO. 220 STREET BOND FUND FOR ADDITIONAL COSTS INCURRED DURING CONSTRUCTION OF THE ELLA BARNES AREA STREET IMPROVEMENTS, PHASE 1-B, PAYABLE TO KING CONSTRUCTION COMPANY, APPLICABLE TO PROJECT NO. 220-77-2.10, ELLA BARNES AREA STREET IMPROVEMENTS, PHASE 1-B; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy, and Zarsky voting, "Aye". ORDINANCE NO. 16271: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH A. ORTIZ ASPHALT PAVING OF CORPUS CHRISTI FOR PAVEMENT REPAIRS TO THE CORPUS CHRISTI MARINA (T -HEADS AND L -HEAD); APPROPRIATING $186,000 OUT OF THE NO. 291 PARK BOND FUND, OF WHICH $181,261.77 IS FOR THE CONSTRUCTION CONTRACT AND $4,738.23 IS FOR CONTINGENCIES, INCIDENTAL AND RELATED EXPENSES APPLICABLE TO PROJECT NO. 291-77-13, MARINA PAVEMENT REPAIRS -HURRICANE ALLEN, OF WHICH AMOUNT $38,819.83 IS TO BE REIMBURSED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16172: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BUDDY SEEDS, DEVELOPER OF RETTA ESTATES SUBDIVISION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A": APPROPRIATING $26,478.59 OF WHICH $14,255.15 IS OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-77-52, RETTA ESTATES SUBDIVISION FOR PARK CONSTRUCTION REIMBURSEMENT, AND $12,223.44 IS OUT OF THE NO. 250 SANITARY SEWER BOND FUND APPLICABLE TO PROJECT NO. 250-77-35, RETTA DRIVE SEWER LINE FOR SEWER LINE INSTALLATION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16273: APPROPRIATING $76,128.88 OUT OF PARK BOND FUND NO. 291 TO SUPPLEMENT PREVIOUS APPROPRIATION OF $6,819.04 FOR A TOTAL OF $82,947.92 IS FOR REIMBURSEMENT TO THE GENERAL FUND NO. 102, ACTIVITY 4122-603 FOR WORK ACCOMPLISHED AT THE FOLLOWING PARKS: 1. Patterson 2. Ridgewood 3. Congress 4. Mobile 5. Snead 6. Laguna 7. Elgin 8. H.E.B. 9. Los Encinos AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Minutes Regular Council Meeting May 27, 1981 Page 18 ORDINANCE NO. 16274: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROVIDING FOR STATE PUBLIC TRANSPORTATION FUND PARTICIPATION IN UMTA PROJECT NO. TX -05-0073 IN THE AMOUNT OF 65% OF THE AUTHORIZED LOCAL SHARE COST INCURRED FOR CAPITAL IMPROVEMENTS TO 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 passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy, and Zarsky voting, "Aye". ORDINANCE NO. 16275: 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 GUY MORROW BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN ART GALLERY ALLOWING THE SALE OF PRODUCTS ON THE PREMISES, ON LOT 6, BLOCK 8, KOOLSIDE ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; 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, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Patty Mueller, Chairman of the La Retama Library Board, expressed her appreciation to the Council for approving the sale of bonds for the Northwest Branch Library and informed them that the Board is working with the architects and plan to meet with them on June 4. ********* City Manager Townsend provided the Council with a brief update on the status of House Bill 411 and Senate Bill 100 regarding limiting annexation in the Gulf. Mayor Jones stated that he was very impressed with the work that Mr. Bill Hennings, Mr. Rick Mertz, and Mr. Jimmy Bray had done regarding both bills. .. s 1 it Council Meeting May 27, 1981 Page 19 Council Member Hawkins requested that a copy of the salaries of City Managers in other cities be provided the Council and stated that he did not think it was fair for one of the Assistant City Managers to receive a higher salary than the City Manager. Motion by Turner that the Regular Council Meeting be recessed at 5:39 p.m. in order to conduct a closed session to discuss Municipal Court appointments under the authority of Article 6252-17C, V.A.C.S; seconded by Zarsky and passed unanimously. ********* Mayor Jones reconvened the Regular Council Meeting at 6:07 p.m. and announced that the following appointments would be confirmed next week: Joe Alsum, Bill Monkres and Joe A. Garza as Judges of Municipal Court and Anita Garza as Municipal Court Clerk. There being no further business to come before the Council, on motion by Gulley, seconded by Turner, and passed unanimously, the Regular Council Meeting was adjourned at 6:08 p.m., May 27, 1981. *********