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HomeMy WebLinkAboutMinutes City Council - 06/10/1981MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 10, 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, Jr. Dr. Chas W. Kennedy Cliff Zarsky City Manager Marvin Townsend City Attorney J.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 Brother Mack Caffey of the Northwest Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Bob Gulley. 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: "NUECES COUNTY HISTORY APPRECIATION DAY" - June 14, 1981; "MULTIPLE SCLEROSIS AWARENESS DAY" - June 15, 1981; "FLAG DAY" - June 14, 1981; "NAVY RELIEF FESTIVAL DAYS" - June 13 - 14, 1981. Mayor Jones then administered oaths to new appointees to various boards and commissions. Mayor Jones then presented retirement plaques to the following employees: Years of Employee: Department: Position: Service: Mr. Ygnacio Soliz Water Water System Mechanic 15 Mr. David R. Vera Fire Firefighter II 28 Mr. L. J. Roberts Fire Fire Captain 34 MIC,011310 SEP 19194 Minutes Regular Council Meeting' June 10, 1981 Page 2 Eligible to receive retirement plaques but unable to attend the meeting were the following employees: Mrs. Lois Herschap Public Utilities Senior Clerk 15 Mr. L. K. Stout Water Engineer III 20 Motion by Zarsky that the Minutes of the Regular Council Meetings of March 25, April 1, April 8, and June 3, 1981, be approved as presented; seconded by Turner; and passed unanimously. Mayor Jones called for appointments to Boards and Commissions. Mayor Jones reviewed the appointments considered during the morning workshop meeting to the Committee 16. Motion by Gulley that the following appointments be confirmed; seconded by Zarsky; and passed unanimously. BLACK COMMUNITY: Mr. Edward L. Sample Reverend Elliott Grant Mr. Welder Brown, as Alternate MEXICAN -AMERICAN COMMUNITY: Mr. Jorge Rangel Dr. Fred Cervantes Mr. Elbert Ocanas Ms. Irma Torres Mr. Hector Morales Mr. Gus Leija Mr. Jacob Munoz ALTERNATES: Mr. David Bonilla Mr. Philip Gonzales Mr. Miguel Pro ANGLO COMMUNITY: Dr. Nancy Bowen Mr. O. J. Beck, Jr. Mr. Hayden Head, Sr. Mr. Alfred Jones Mr. George Brown Mr. R. C. Allen Mr. Jerry Sutherland ALTERNATES: Mrs. Pauline Clarke Mr. Stern Feinberg, Jr. Mrs. Shirley Pagan ites ,ular Council Meeting June 10, 1981 Page 3 Mayor Pro Tem Turner mentioned the amendments to the original charter for this committee and asked that it be amended in regard to the location of meetings and the method of attendance and the fact that the alternates will be requested to attend all meetings but will be unable to vote. 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. A public hearing be held on June 24, 1981 on a proposed change to the Master Storm Sewer Plan in the vicinity of Bear Lane and South Padre Island Drive. The developers of two industrial subdivisions in the area have offered to dedicate 100 -foot drainage rights-of-way through the platting process in order to facilitate development of their tracts. 2. A public hearing be held on June 24, 1981 regarding the deletion of sidewalks on the west side of Meuly Street from Ruth Street to Mary Street. Due to the various businesses fronting on Port Avenue and backing on to Meuly Street, many cars would tend to block the sidewalks by parking across the sidewalk at driveways and garage door openings. The sidewalks are currently under contract as part of the Lamar School Area Street Improvements, Unit II project. City Manager Townsend informed the Council that this deletion would involve a $6,000.00 deduction in the cost of the project; the residents on Meuly seem to concur that it would be preferable to delete the sidewalk extending along one side of the street at the rear of the commercial properties which front on Port Avenue. Mr. Townsend stated that the Staff suggests that the hearing be conducted and the property owners with residential property facing on Meuly Streets be informed of the public hearing. 3. Bids be received June 30, 1981, for hourly contract rate for journeyman electrician for supplemental electrical maintenance service to City facilities through the Maintenance Services Department. 4. Bids be received June 30, 1981 for an additional sludge pump, diesel engine and trailer for the Westside Wastewater Treatment Plant to be used in the subsurface injection of sludge. Currently, there is only one pump which is used at the Oso, Westside and Allison Plants. The additional pump will reduce the transporting the current pump between the three plants and will serve as a backup, when needed. Assistant City Manager James K. Lontos explained the purpose of the clarifiers at the plants. Council Member Gulley mentioned that he heard that the Allison Plant was in need of more land for utilization for sludge treatment which would necessitate the removal of the archery range and the Boy Scout activities in that area. Minutes Regular Council Meeting June 10, 1981 Page 4 City Manager Townsend explained that he was not aware of this but agreed that occasionally the sludge may have to be plowed around the archery range. He stated that he will check this with the Staff Thursday morning. 5. Bids be received July 7, 1981, for a fume exhaust booth and a paint spray booth with exhaust system for the Traffic Engineering Sign Shop. The spray paint booth will allow signs to be painted in an area where paint fumes can be exhausted and excess paint collected. The booth will also inhibit dust collecting on freshly painted signs. The fume exhaust system will improve the existing system in the screen processing room. The current method is inefficient and allows accumulated fumes in various parts of the room. Both items are in the 1980-81 Budget. 6. Bids be received July 14, 1981, for a twelve months supply agreement for approximately 100 firefighter helmets and 70 pairs (coats and pants) of bunker clothing for the Fire Department. 7. Bids be received July 21, 1981, for a twelve months supply agreement for street construction material and flexible base caliche and mudshell including approximately 497,000 gallons of emulsified asphalt, 60,000 gallons of asphalt oils, 32,310 tons of rock asphalt pre -coated agregate, 65,675 tons caliche, 19,625 tons hot -mix asphalt, 1,000 tons lime and 50,000 cu. yds. mudshell to be used by the Street, Water and Wastewater Services Divisions. 8. Six month supply contracts be awarded to Chaparral Petro -Mark for transport delivery of regular gasoline at the initial low bid of $1.079 per gallon and transport deliveryof unleaded gasoline at $1.119 per gallon; and to Texas Star Service for tankwagon delivery of regular gasoline at the initial low bid of $1.1295 per gallon and tankwagon delivery of unleaded gasoline at $1.1695 per gallon. Bids were received from six firms. Price comparison shows a decrease of 9.76%. A six month contract is recommended instead of a twelve month one because gasoline prices tend to fluctuate frequently. 9. Bids be received on June 29, 1981 for the sale of Lots 10 and 11, Block 2, La Paloma Addition (25' x 94.5' each lot) located at 1211 Elgin Street. This property was acquired by the City at the Sheriff's delinquent tax sale in 1973 for $1,000. 10. Plans and specifications for Nueces County Courthouse Area Street Improvements be approved and bids be received July 8, 1981. This 1977 Bond project includes the following streets: Comanche Street - North Staples Street to Carancahua Street; Artesian Street - Blucher Street to Lipan Street; Carrizo Street - Blucher Street to Lipan Street; Lipan Street Resurfacing - N. Staples Street to Carancahua The Lipan Street portion and the one block of Carrizo and Artesian Streets north of Comanche are not in the bond program scope. Lipan Street is recommended because the street has deteriorated and needs a hot -mix overlay and the additional block portions of Carrizo and Artesian Streets will complete the area as the County has installed permanent improvements on half of these streets when the courthouse was built. ices ,ular Council Meeting June 10, 1981 Page 5 11. A contract for $75,857.87 be awarded to Maverick Construction Company for the Hearn Road Ditch Realignment of 48" Water Line project and $80,000 be appropriated for the contract award and related expenses. This project will repair Hurricane Allen damage to the protective structure around the 48" water transmission line at the Hearn Ditch location. The repair work consists of installing concrete bearing and support caps under the water line plus realigning and constructing a concrete channel approximately 200 feet upstream of the water line to control the direction of flow. A grant in lieu for $13,875 has been previously requested from FEMA. When bids were opened, R. S. Black was the apparent low bidder. However, after correcting mathematical errors in the extension of unit prices in Maverick's bid, Maverick Construction Company is the low bidder. 12. Change Order No. 1 for $7,910 be approved to the Corpus Christi Breakwater and McGee Beach Concession Area contract with the Goldston Corporation for repair to the Marina Patrol Boat Dock in the Peoples Street T -Head. The boat dock was damaged by Hurricane Allen. This work was included in the Peoples Street T -Head project as an alternate, but due to the high bid it was not included in the final contract award. The project has now been redesigned and only repairs are recommended rather than total replacement. The price quoted is the lowest of the two from contractors who are presently working on the L -Head. 13. Change Order No. 2 to the Cole Park Fishing Pier Repair project be approved for deducted amount of $7,800. The condition of structural beams at the T -section was not as serious as had been originally indicated and therefore, a lesser amount of repair work is necessary on the beams. Also, one of the beams can be adequately repaired rather than replaced. Work is now 60% complete on this project. 14. Change Order No. 3 to the Kennedy Causeway improvements contract with Isles Construction Company for $6,594.50 be approved. The Change Order provides for the contractor filling a large void beneath the concrete floor of the existing restroom which is being rehabilitated. The void was discovered when plumbing work was done. It is proposed to fill the void with pressure grout. 15. An additional $7,463.45 be appropriated out of the Park Bond Fund for additional architectural services by Mr. John Olson for design of the Corpus Christi Beach and Cole Park Comfort Stations. This additional appropriation is recommended due to an increase in the original estimated cost and numerous redesigns of both lift stations. The original fee was 8.5% of $225,000 or $19,125. Final estimated cost before scope reductions was $396,648. The actual construction contract is $261,200. 16. Leon Howard, Inc., of Bryan, Texas, Golf Course Architect, be hired to design a sprinkler system for the Oso Golf Course. The work will involve preliminary designs, preparation of plans, specifications, contract documents and provide general overall construction supervision. The fee will be 8% of the estimated construction of $250,000 or $20,000. Funds are available in the 1980-81 Budget for the Oso Golf Course. Mr. Howard has planned and supervised the installation of over 100 irrigation systems including 66 on golf courses of which the Corpus Christi Golf Center is one. City Manager Townsend stated that it was generally understood that the funds obtained in the sale of the Parade Place lots would be used for improvements to the Golf Course. Mayor Pro Tem Turner inquired if local architects had been notified about this job. Minutes Regular Council Meeting June 10, 1981 Page 6 City Manager Townsend explained that the Staff was not aware of any local architects who are knowledgeable about golf course sprinkling system installations. He explained that a salesman for a particular company would not be adequate for this and the only ones who design such systems are salesmen who are attempting to sell their own equipment. Council Member Dumphy informed the City Manager that Mr. Herman Johnson is very experienced in the design of systems for golf courses. City Manager Townsend stated that he would temporarily withdraw this item until a Staff member checks on this. Assistant City Manager Lontos stated that he had checked with the Park and Recreation Department personnel who had contacted Mr. Johnson and ascertained that he was not interested in designing the sprinkler system for the Oso Golf Course at this time. City Manager Townsend commented that more than likely Mr. Johnson would bid on the installation of the system after it is designed. 17. The general Fund be reimbursed $223,093.79 for engineering on various Bond and Community Development projects for February, March and April, 1981 and that $181,916.97 be appropriated to supplement $41,176.82 in existing appropriations. Reimbursements include: Street ($138,570), Airport ($7,274), Sanitary Sewer ($9,302), Park ($10,106), Storm Sewer ($8,763), Community Development Projects ($49,080). The majority of the reimbursements is comprised of the following projects: Lamar School Area Street Improvements ($23,214), Downtown Improvements ($21,638), Cabaniss Acres Street Improvements ($21,157), Segrest Addition Street Improvements ($19,157) Ella Barnes Unit 1B ($17,908), Lexington Estates -Mahan Acres ($17,101), Main Drive Drainage ($5,643), Calallen Drive ($5,240). 18. The following actions be taken in connection with American Airlines request to utilize a gate at International Airport: (a) Gate No. 6, including a portion of the International Arrival Building, containing approximately 1,392 square feet, be used. American Airlines will pay $7.83 per square foot per year for space or a total of $10,900. In addition, gate houses 3 and 4 will be available when there is no flight conflict. (b) American Airlines be authorized to make necessary changes to the gatehouse, at their expenses, including construction of a security fence along the concourse. All of such construction will be temporary and paid by American. 19. A land lease be approved with American Airlines for a 24' x 60' portable temporary air cargo building west of the terminal. The lease will be for $600/year or $50/month on a month to month basis. All costs incurred will be borne by American Airlines, including the pavement in front of the building. 20. An agreement be approved transferring maintenance and operation of four flashing signals at Saratoga Blvd. and Ayers Street from the State to the City. These flashers were installed prior to annexation of this intersection. The State does not maintain traffic signals on non -controlled access highways within cities over 15,000 population Utes ,ular Council Meeting ,une 10, 1981 Page 7 21. Revised contracts with the State General Land Office for existing easements across submerged lands in Oso Bay for a 30 -inch water main and across Laguna Madre for a 24 -inch main for $3,895 be renewed for 10 years. Contracts approved on July 9, 1980 incorrectly provided for a payment of $186.75. These easements were acquired in 1970 when the 30 -inch main serving Flour Bluff and the 24 -inch main extension to Padre Island were constructed. 22. A contract with Southwestern Bell Telephone Company for installation and monthly service charges for a telephone system for the Utilities Office be approved. The system will provide 5 trunk lines, 4 direct lines into Customer Service, 4 direct lines into Credit & Collections, 1 direct line for administrative uses, and 10 stations connecting the main City Hall switchboard with the Utilities system. Customers will be able to dial the Utilities Office directly relieving a part of the overload on the City Hall switchboard. Calls to Customer Service can be monitored by a supervisor to assist in training of new employees. Installation costs are $4,973.70 and monthly service charges of $1,527.30. This is an increase of approximately $1,000 per month over current telephone charges. Council Member Kennedy inquired if the City Staff has investigated the possibility of using a private system for the telephone service in the Utilities Office. City Manager Townsend replied that the Staff has not considered this because Southwestern Bell Telephone Company pays a tax to the City whereas the private systems do not. Council Member Gulley inquired about the source of funding for this installation. City Manager Townsend explained that the salary balances in the Utilities Office can be used to handle this cost. He also pointed out that removing the lines to a separate system for the Utilities Office will relieve the overloaded condition of the City Hall switchboard. 23. Sun Oil Company be granted a permit to drill a well from a regular location 3.2 miles seaward of City Hall. The State Tract 56 Well No. 1 will be directionally drilled to a depth of 8,750 feet from the regular cluster in State Tract 55. No exceptions to the Bay Drilling Ordinance are requested. 24. The recommendation of the Bay Drilling Committee that a permit be granted Highland Resources Incorporated to drill a directional well from an irregular location be approved. The State Tract 20 Well No. 2 will be drilled from a surface location 5 miles seaward of the Harbor Bridge and 100 feet south of the south boundary of the ship channel fairway and with a bottomhole location 9,500 feet beneath the center of the ship channel. The presence of the ship channel and a spoil disposal area precludes use of the regular cluster in State Tract 20. No other exceptions to the Bay Drilling Ordinance are requested. 25. Ordinance No. 16268, passed year lease with Mr. Richard cancelled. Mr. Oshman has Mr. Wiley B. Gillet and Mr. bait stand. Mr. Oshman cancelled. May 27, 1981, which authorized a twenty Oshman for the Rainbow Bait Stand, be been unable to negotiate a purchase with James C. Gillet, current owners of the has requested that the ordinance be Minutes Regular Council Meeting June 10, 1981 Page 8 26. A one year agreement be approved with Our Lady of Guadalupe Center for rental of 2,800 square feet of space at 3529 Morgan Street for use by the Health Department. The space will be used for issuing food vouchers and nutritional education for participants in the federally funded Women -Infants -Children program. The program is currently located in 2,975 square feet at Lulac Village at 1417 Horne Road, but the landlord has advised that the program be moved by June 30, 1981. The terms of the new agreement are the same as the present agreement, except that the rent will be $400 per month instead of $300. Either party may cancel the contract with 45 days notice. 27. The request of the Board of Trustees of the Firemen's Relief and Retirement fund be approved for the City to pay the estimated cost of $2,500 for the Wyatt Company to update the pension fund's actuarial report. The most recent report was January 1, 1980. The fund is only permitted to pay for such studies once every three years. Benefits have not been increased since September 11, 1978. The update will allow the Board to consider increasing contributions and benefits . 28. The platting ordinance be amended to allow approval of subdivision plats prior to the completion of improvements if the plans for water, sewer, streets and drainage have been previously approved and construction of these improvements is at least 75% complete, after the developer submits a sworn affidavit requesting approval of the plat and agrees to complete improvements to the' satisfaction of the City prior to utility service taps being made on any lot within the subdivision. 29. An amendment to the Community Development Corporation contract be approved providing for CDC to act as controlling authority for the Revolving Rehabilitation Fund, thereby providing a more efficient means of carrying out the Demonstration Rehabilitation Program and appropriating $100,000 from Fourth Year Community Development Block Grant funds for this Program which had been previously approved by Council action, $28,918 of which had previously been committed to this project. 30. A $27,500 settlement be approved with Ms. Abigail H. Montes for personal injuries as a passenger on a City bus when it struck a drainage culvert on Sharpsburg Road on April 1, 1980. $1,753.47 has already been paid for part of her medical expenses. Her injuries included a dislocated right shoulder, and pain in her left knee, left hip, and lower back. She has a partial permanent disability. 31. The recommendation of the Senior Community Services Advisory Committee be approved that smoking be banned at Lindale Senior Center dining room between the hours of 11:00 a.m. and 1:00 p.m. Smoking has been prohibited during these hours in the dining room on a trial basis. After discussing, the issue with the Center users, the Advisory Committee recommends that the ban be continued. 32. A contract be approved with the Department of Highways and Public Transportation and the Department of Public Safety for the State to provide a replacement intoxilyzer (breathalyzer) for use by the Police Department in DWI cases. The State will maintain and calibrate it at its own expense. 33. The settlement proposal of Crystal Petroleum, offering the City $86,291.94 as restitution for possible over -pricing of petroleum products pursuant to enforcement actions taken by the Department of Energy, be accepted. Mayor Jones ascertained that no one in the audience wished to speak on the City Manager's Reports. rtes ,ular Council Meeting June 10, 1981 Page 9 Motion by Zarsky that the City Manager's Reports, items 1 through 33, be approved; seconded by Hawkins; and passed unanimously. Mayor Jones announced the recessed public hearing on the following matter: MO -MAC Properties from "B-4" to "I-2" on Block B, Lexington Village, Unit 2, located on the east side of Richter Street approximately 437' south of Padre Island Drive. The public hearing on this case was recessed from last week until a full Council could be present because the 20% rule is in effect. The Planning Commission recommended denial but in lieu thereof, a special permit be approved for mini -storage unites with the site plan addressing the location of buildings, ingress, egress, indirect lighting, signage, standard screening fence and off-street parking. City Manager Townsend informed the Council that the neighbors in the area had filed a protest and the 20% is in effect. City Manager Townsend then presented a site plan that shows six large warehouses to be constructed on the property. Chief Planner Wenger reviewed the case by locating the area on the zoning and land use map and showing slides of the area. City Manager Townsend stated that the petition in opposition was received today and reminded them of the opposition previously expressed by the Housing Authority. Mayor Pro Tem Turner stated that she had visited the area during the lunch hour and one of the primary objections by the property owners in the area was the traffic problem that would exist with large trucks going down Richter Street. She noted that the property is already zoned "B-4", and it is possible that large trucks would go down Richter Street even with the existing zoning. Chief Planner Wenger agreed but pointed out that a large moving company could not be operated in "B-4" zoning. City Manager Townsend agreed that if the zoning is changed, the possibility of more large moving vans would be quite likely. Mr. Joe McComb, one of the applicants, informed the Council that they would accept a special permit rather than the "I-2" zoning. He commented that Mr. Noe Morin, who had objected to this change of zoning, is operating a business at a residential location on Johanna Street and pointed out that he is just requesting a similar business. He assured the Council that he would be willing to have signs erected to prohibit large trucks from going down Johanna Minutes Regular Council Meeting June 10, 1981 Page 10 or Milo Street and stated that he felt that the owners of Shoppers World might allow his company to use their service drive. Mr. McComb contended that a special permit would be no more of a problem than the existing "B-4" zoning use, pointing out that there would be no activity associated with the moving company on the weekends and the large trucks would not come down that street at that time. Mr. McComb assured the Council also that if trucks from out of town arrive in the City during the night, they will not go to this property but will park at motels until the following morning. He stated that he felt that there is more control over the use if a special permit is granted than there is in the existing "B-4" zoning. He also stated that he will not be able to afford to construct all the buildings shown on the site plan that he has submitted at this time. Speaking in opposition to change of zoning was Mrs. Ruthmary Price, Executive Director of the Housing Authority. She stated that the Housing Authority has taken the position that this is a heavy industry which they intend to construct in an area generally used for residential use. Mrs. Price stated that the Housing Authority objects to the special permit as well as the "I-2" zoning. She explained that there are 30 four bedroom single-family units at this location and they object to any intensification of use above the mini -storage warehouses that are allowed at this time. Mr. Noe Morin, 2545 Johanna Street, refuted the statement made by Mr. McComb in regard to his home occupation and stated that his business does not detract from the character of the neighborhood. He presented a petition in opposition which contained 27 signatures. Mr. Morin also noted that signs prohibiting heavy trucks do not really prevent their going down the street. He stated in reference to his business that he only had one van which is kept in a garage and one pickup truck which is his family automobile. City Manager Townsend agreed that Mr. Morin's home business does not seem to be in violation of "R -1B" zoning. Mr. Townsend also stated that there are very few uses in "B-4" zoning that could generate a great deal of heavy truck traffic. Also speaking in opposition to this zoning change was Mrs. Morin who stated that granting a special permit would create additional problems in the neighborhood. She reminded the Council that a taxicab company was granted a ites alar Council Meeting June 10, 1981 Page 11 special permit in their neighborhood some time ago to operate two taxicabs but in a very short time, they had seven taxicabs in operation. Mrs. Morin contended that this is what usually happens when a special permit for a particular use is granted. Mr. McComb spoke again' and read the list of items that could be installed in "B-4" zoning and expressed the opinion that his planned use would be no more objectionable than the types of businesses allowed in the "B-4" zoning. No one else spoke in regard to this zoning application. Motion by Gulley that the hearing be closed; seconded by Hawkins; and passed unanimously. Motion by Zarsky that "I-2" zoning for the MO -MAC Properties be denied but in lieu thereof that a special permit be granted acording to the site plan submitted; seconded by Gullley. City Manager Townsend pointed out that the site plan submitted does not address anything except the buildings that are to be constructed. Council Member Zarsky offered an amendment to his motion to the effect that the special permit would be granted with the requirement that the traffic exiting from the MO -MAC Properties be required to turn right on Richter Street to go directly to the Padre Island Drive access road. City Manager Townsend stated that if this is approved, the very large trucks will use Johanna, Milo and Sacky Streets and all other neighborhood streets to exit the area. Mayor Jones stated that he felt that this motion to approve a special permit was wrong; it is very clearly an invasion of "I-2" zoning in a residential neighborhood; and even though the Council calls it a special permit, it will be the type of business that is actually "I-2" use. He stated that he will vote "no" on this motion. Council Member Dumphy stated that he is familiar with this property and he was of the opinion that any type of use allowed in "B-4" zoning would generate more traffic than the proposed use. He stated that if the Council requires the right turn on Richter Street to go to Padre Island Drive, there should be no objections from the neighbors. Mayor Jones called for the vote on the motion to approve the special permit with the stipulation that the traffic exiting from the MO -MAC Property must Minutes Regular Council Meeting June 10, 1981 Page 12 turn right on Richter Street and go directly to Padre Island Drive and it passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones voting "Nay". ********** Mayor Jones announced the consideration of the following tabled item: To prezone 7.39 acres "A-1" so that when annexed it will be "A-1" rather than "R -1B". This text amendment was heard by the City Council on January 14, 1981 at which time the application was tabled to resolve traffic problems on adjacent Teague Lane. The Traffic Engineering report indicates that once Wildcat Drive and Teague Lane are improved to full street standards and the streets at FM 624 and Calallen Drive are widened, traffic congestion will be eliminated. Until these improvements are made, there will be traffic congestion when the Calallen High School dismisses classes. The owners have agreed to drain the tract according to the Drainage Master Plan. City Manager Townsend explained that the Staff was concerned about the drainage from this type of land and the zoning case was tabled to work out the traffic congestion and the drainage plan. He informed the Council that the applicant has agreed to continue the drainge in the original design and the traffic has been discussed and those opposed to it have been reconciled to the traffic problem. Chief Planner Wenger reviewed the case that was considered six months ago. Motion by Dumphy that the zoning of "A-1" be approved to pre -zone the 7.39 acres; seconded by Zarsky; and passed unanimously. ********* Mayor Jones presented the following tabled zoning case: Mr. Jesus Alaniz from "R -1B" with "SP" to "A-1" on Lots 23, 24 and 25, Block 12, La Pascua No. 2, located on the southeast corner of Villareal and Yolanda Drives. The public hearing was held on this application on June 3, 1981 and it was tabled until a full Council could be present. The Planning Commission recommends denial, but in lieu thereof, a special permit be approved for apartments. Chief Planner Wenger pointed out to the Council on the map that the property in question is zoned "R -1B" as is all of the property in this area of the map including two new houses that have just been constructed directly across the street; there is a school in the near vicinity; and the applicant plans the construction of ten units. Motion by Hawkins that the Council concur with the recommendation of the Planning Commission and grant a special permit in lieu of the "A-1" zoning r- •jested; seconded by Dumphy. ites ,ular Council Meeting dune"10, 1981 Page 13 Council Member Zarsky pointed out that this is a clear intrusion into a single-family dwelling area and he did not feel that "A-1" zoning or a special permit for apartments would be appropriate. Mayor Jones called for the vote on the motion and it failed to pass by the following vote: Dumphy, Gulley and Hawkins voting, "Aye"; Jones, Turner, Kennedy and Zarsky voting, "Nay". Motion by Zarsky that the application for Mr. Jesus Alaniz be denied; seconded by Turner; and passed by the following vote: Jones, Turner, Kennedy and Zarsky voting, "Aye"; Dumphy, Gulley and Hawkins voting, "Nay". Mayor Jones called for consideration of the following tabled zoning case: Mr. Richard Kemp from "B-1" to "B-4" on Lot 1, Block 9, Windsor Park Unit I located on the southeast corner of Sharon Drive and South Alameda Street. A public hearing was held on this application on May 20, 1981. The application was tabled until a full Council could be present. The 20% rule is in effect. Chief Planner Wenger briefly reviewed the case, showed slides of the area, and reminded the Council that the 20% rule is in effect. City Manager Townsend explained that the applicant wanted to expand his business to construct an office building on the subject property in the existing "B-1" zoning but he could not expand his dry cleaning business. He presented to the Council a small drawing prepared by the applicant of the proposed expansion and parking spaces and stated that basically, the drawing indicates that the applicant plans to double the size of the building. Council Member Zarsky pointed out that the applicant could replat his lot and do what he wants to do under those circumstances. City Manager Townsend stated that this was not quite true because Mr. Kemp plans to construct an additional building for storage that would be of a large size. He also noted that the plan submitted is not adequate for a site plan and he questioned whether or not there is even enough land to construct this large a building. Motion by Zarsky that the zoning of "B-4" be denied on the application but in lieu thereof that a special permit be granted subject to an approved site plan; seconded by Gulley. Minutes Regular Council Meeting June 10, 1981 Page 14 Council Member Dumphy pointed out that the applicant assured the Council that he would not be leasing any space but would use everything built for office and storage. Mayor Jones called for the vote on the motion and it passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner voting, "Nay". City Manager Townsend asked for directions for the Staff as to what should be done to develop this special permit. He stated that Mr. Kemp wants to expand his use for storage and office space but he had indicated that he would not expand the dry cleaning business. He noted that he also needs plans for parking and landscaping requirements consistent with the size of the lots in compliance with "B-1". Mr. Louis McGaffee, 4402 Wesley, indicated to the Council that the residents who are opposed to this change of zoning were notified that the case was going to be heard by the full Council and it was his understanding that the opponents would be allowed to speak. City Manager Townsend checked the Minutes of that meeting of May 20, and ascertained that the hearing had been closed. He stated that if anyone was allowed to speak again the hearing would have to be reopened and there was some question as to whether or not all of the property owners within the area should be notified. Motion by Turner that the hearing be reopened; seconded by Kennedy; but the motion failed to pass. Mr. McGaffee stated that during the hearing of May 20, Mayor Pro Tem Turner had requested that all of the opponents who wished to speak should be notified at the time that the full Council was going to be here and it was his understanding that the reason for the notification was so that they could speak to the issue before the entire Council. City Manager Townsend pointed out that since the 20% rule is in effect, six affirmative votes will be required to pass the ordinance. Mayor Jones suggested that the same people be notified when the site plan is ready and that a copy be sent to the interested parties so that they would be aware of the applicant's plans for his property. Ltes alar Council Meeting dune 10, 1981 Page 15 City Secretary Read also pointed out that at the time the ordinance is being considered, the public can speak before it is passed and stated that these property owners would be notified at the time the ordinance is placed on the agenda. ********* Mayor Jones announced consideration of the following pending zoning matter: Padre Space Corporation from "R -1B" to "B-4" on a lot located on the west side of Clare Drive approximately 375' south of S. Padre Island Drive. A public hearing was held on May 20, 1981 and it was denied. In lieu thereof, a special permit was granted for storage units. An acceptable site plan has been received. The Planning Commission recommends denial. City Manager Townsend informed the Council that a special permit had been granted for storage units and acceptable site plan has been received by the Staff. Motion by Gulley that the site plan submitted be accepted and the special permit be approved; seconded by Dumphy; and passed unanimously. ********** Motion by Turner that the Regular Council Meeting be recessed at 5:25 p.m.; seconded by Dumphy; and passed unanimously. ********* Mayor Jones reconvened the Regular Council Meeting at 6:12 p.m. and called for the ordinances. City Manager Townsend briefly explained the ordinances on the agenda; there were no comments from the audience; City Secretary Read polled the Council for their votes; and the following ordinances were passed: FIRST READING: AMENDING THE CORPUS CHRISTI CITY CODE OF ORDINANCES, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 36-6 OF CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, SO AS TO PROHIBIT SMOKING IN THE DINING ROOM OF THE LINDALE SENIOR CENTER BETWEEN THE HOURS OF 11:00 a.m. and 1:00 p.m. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Minutes Regular Council Meeting June 10, 1981 Page 16 SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE UNITED STATES GOVERNMENT, DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION FOR THE USE OF SPACE AT EVELYN PRICE PARK, CORPUS CHRISTI, TEXAS, FOR THE LOCATION OF AN AIRPORT SURVEILLLANCE RADAR STATION, ALL AS MORE FULLY SET FORTH IN LEASE NO. DTFA07-81-L-01068, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". (First Reading - 6/3/81). 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 A LEASE AGREEMENT WITH THE UNITED STATES GOVERNMENT, FEDERAL AVIATION ADMINISTRATION LEASE NO. DTFA07-80-L-01223, AND SUPPLEMENTAL AGREEMENT NO. 1 FOR THE USE OF APPROXIMATELY .2 OF AN ACRE IN OVERLAND MEADOWS PARK FOR USE AS AN OUTER MARKER SITE AND ACCESS ROAD FOR RUNWAY 13 AT CORPUS CHRISTI INTERNATIONAL AIRPORT, AND FOR UTILITY EASEMENT TO THE SITE FROM THE NORTHERN EDGE OF THE PARK, FOR A TERM BEGINNING JUNE 11, 1980 AND ENDING SEPTEMBER 30, 1980, WITH THE PROVISION THAT THE GOVERNMENT MAY RENEW THE LEASE ANNUALLY BUT , NOT BEYOND SEPTEMBER 30, 2000, ALL AS MORE FULLY DESCRIBED IN THE LEASE AND SUPPLEMENTAL AGREEMENT, A SUBSTANTIAL COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B". (First Reading - 6/3/81.) 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 LEASE NO. NA81WBF00095 WITH THE UNITED STATES GOVERNMENT FOR APPROXIMATELY 1,663 SQUARE FEET OF SPACE LOCATED ON THE SECOND FLOOR OF THE TOWER BUILDING AT CORPUS CHRISTI INTERNATIONAL AIRPORT FOR THE USE OF THE UNITED STATES WEATHER SERVICE, FOR THE PERIOD OF JULY 1, 1981 TO SEPTEMBER 30, 1981 AND RENEWABLE ON AN ANNUAL BASIS AT THE OPTION OF THE GOVERNMENT, NOT TO EXTEND BEYOND SEPTEMBER 30, 1986, FOR AN ANNUAL RENTAL OF $6,713.98, 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". (First Reading - 6/3/81) The foregoing ordinance was read for the first time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16299: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MAVERICK CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE HEARN ROAD DRAINAGE DITCH IMPROVEMENTS WHICH INCLUDES REPAIR TO A 48" WATERLINE WHICH CROSSES THE DITCH; APPROPRIATING $480,000 OF WHICH $40,295.55 IS OUT OF THE NO. 141 WATER FUND, DEPARTMENT 361, ACTIVITY 541.32, CODE 502, AND $39,704.45 IS OUT OF THE NO. 295 STORM SEWER BOND FUND, FOR PROJECT NO. 295-70-70, HEARN ROAD DITCH IMPROVEMENTS, OF. WHICH APPROPRIATION $75,857.98 IS FOR THE CONSTRUCTION CONTRACT AND $4,142.02 IS FOR ADDITIONAL ENGINEERING, LEGAL ADVERTISING, CONTINGENCIES AND RELATED EXPENSES; AND DECLARING AN EMERGENCY. Cotes jular Council Meeting June 10, 1981 Page 17 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16300: AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 2 TO THE CONTRACT WITH GOLDSTON COMPANY FOR IMPROVEMENTS TO THE CORPUS CHRISTI MARINA BREAKWATER AND McGEE BEACH WHICH AUTHORIZES REPAIR OF HURRICANE ALLEN RELATED DAMAGES TO THE MARINA PATROL BOAT DOCK; APPROPRIATING $7,910.00 OUT OF THE NO. 291 PARK BOND FUND APPLICABLE TO PROJECT NO. 291-77-12, BREAKWATER AND McGEE BEACH REPAIRS, 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. 16301: AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 3 TO THE CONTRACT WITH ISLES CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE KENNEDY CAUSEWAY SEWER AND RESTROOM IMPROVEMENTS WHICH AUTHORIZES PRESSURE GROUTING A VOID BENEATH THE RESTROOM FLOOR; APPROPRIATING $6,594.50 OUT OF THE NO. 291 PARK BOND FUND FOR THE CHANGE ORDER APPLICABLE TO PROJECT NO. 291-77-8, KENNEDY CAUSEWAY SEWERS AND RESTROOMS: 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. 16302: APPROPRIATING $7,963.45 OUT OF THE NO.291 PARK BOND FUND FOR ADDITIONAL ARCHITECTURAL SERVICES PERFORMED BY JOHN OLSON, ARCHITECT, IN CONNECTION WITH THE DESIGN OF THE CORPUS CHRISTI BEACH AND COLE PARK COMFORT STATIONS, APPLICABLE TO PROJECT 291-77-2, CORPUS CHRISTI BEACH IMPROVEMENTS; 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. 16303: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH LEON HOWARD, INC. FOR DESIGN OF A SPRINKLER SYSTEM FOR THE OSO GOLF COURSE, WHICH PROVIDES FOR PRELIMINARY DESIGN, PREPARATION OF PLANS AND SPECIFICATIONS, CONTRACT DOCUMENTS AND CONSTRUCTION SUPERVISION, THE FEE FOR SUCH SERVICES BEING $20,000; 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 June 10, 1981 Page 18 ORDINANCE NO. 16304: APPROPRIATING A TOTAL OF $181,916.97 AS FOLLOWS: $115,022.37 OUT OF THE NO. 220 STREET BOND FUND; $578.41 OUT OF THE NO. 245 AIRPORT BOND FUND; $7,329.55 OUT OF THE NO. 250 SANITARY SEWER BOND FUND; $6,552.92 OUT OF THE NO. 291 PARK BOND FUND; $6,951.88 OUT OF THE NO. 295 STORM SEWER BOND FUND; $45,481.84 OUT OF THE NO. 162 FEDERAL/STATES GRANT FUND, DEPARTMENT 152, ACTIVITY 807.04, CODE 502, TO SUPPLEMENT $41,176.82 REMAINING FROM EXISTING CONTINGENCY APPROPRIATIONS TO VARIOUS PROJECTS AS SHOWN ON THE TABULATIONS MARKED EXHIBIT "A" AND EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING A REIMBURSEMENT OF $223,093.79 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES PROVIDED FOR THE MONTHS OF FEBRUARY, MARCH AND APRIL 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. 16305: AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENT NUMBER ONE TO THE LEASE AGREEMENT WITH AMERICAN AIRLINES, INC. FOR SPACE IN THE INTERNATIONAL ARRIVAL BUILDING AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL AS MORE FULLY SET FORTH IN SUPPLEMENT NUMBER ONE, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A-1"; 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. 16306: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH AMERICAN AIRLINES, INC., FOR THE USE OF CERTAIN SPACE WEST OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT TERMINAL BUILDING, AT AN ANNUAL RENT OF $600, ON A MONTH-TO-MONTH BASIS UNTIL LEASES ARE CONSUMMATED WITH ALL AIRLINE USERS, SAID SPACE BEING LEASED FOR THE PURPOSE OF ERECTING A BUILDING TO HANDLE AMERICAN AIRLINES CARGO AND AIR FREIGHT, ALL AS MORE FULLY DESCRIBED IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16307: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE STATE OF TEXAS FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF FLASHING BEACONS AT THE FOLLOWING LOCATION: INTERSECTION OF S.H. 357 (SARATOGA BLVD) AND AYERS STREET, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF: AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Utes ,pular Council Meeting June 10, 1981 Page 19 ORDINANCE NO. 16308: AMENDING ORDINANCE NO. 16524, APPROVED JULY 9, 1980, TO SUBSTITUTE REVISED - CONTRACTS CORRECTING AN ERROR IN THE ORIGINAL CONTRACTS WITH THE STATE GENERAL LAND OFFICE FOR WATER LINE EASEMENTS ON STATE SUBMERGED LAND ACROSS OSO BAY AND LAGUNA MADRE, ALL AS MORE FULLY SET FORTH IN THE CORRECTED CONTRACTS, A SUBSTANTIAL COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B", RESPECTIVELY; 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. 16309: AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE APPLICATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE INSTALLATION OF A TELEPHONE SYSTEM FOR THE UTILITIES OFFICE; PROVIDING FOR THE INSTALLATION OF EQUIPMENT AND THE PAYMENT OF A MONTHLY SERVICE CHARGE; ALL AS MORE FULLY SET FORTH IN THE SERVICE CHARGE; ALL AS MORE FULLY SET FORTH IN THE SERVICE APPLICATION AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16310: REPEALING ORDINANCE NO. 16268, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 27, 1981, WHICH AUTHORIZED EXECUTION OF A TWENTY-YEAR LEASE AGREEMENT WITH RICHARD OSHMAN FOR THE RAINBOW BAIT STAND, ON TRACT 12 OF THE COASTAL PUBLIC LANDS, 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; 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. 16311: AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WHEREIN THE WOMEN, INFANTS, AND CHILDREN (WIC) PROJECT #38 OF THE CORPUS CHRISTI-NUECES COUNTY DEPARTMENT OF PUBLIC HEALTH AND WELFARE WILL PAY TO OUR LADY OF GUADALUPE CENTER $400.00 PER MONTH FOR USE OF 2,800 SQUARE FEET OF SPACE AT 3529 MORGAN, ALL AS MORE FULLY SET FORTH IN THE MEMORANDUM OF AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AS 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. 16312: AMENDING THE PLATTING ORDINANCE NO. 4168, AS AMENDED, SECTION V, SUBSECTION A-3, TO ALLOW THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT DISCRETIONARY AUTHORITY TO APPROVE FINAL PLATS UPON BEING SATISFIED THAT SUBDIVISION IMPROVEMENTS HAVE BEEN 75 PERCENT COMPLETED AND OTHER CONDITIONS MET AS SET OUT HEREIN: AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting June 10, 1981 Page 20 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. 16313: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ADDENDUM TO THE CURRENT CONTRACT BETWEEN THE CITY AND THE COMMUNITY DEVELOPMENT CORPORATION OF CORPUS CHRISTI FOR THE PURPOSE OF AMENDING THE DEMONSTRATION HOUSING REHABILITATION HANDBOOK TO PLAN CONTROL OF THE REVOLVING REHABILITATION FUND TO THE COMMUNITY DEVELOPMENT CORPORATION (CDC), A SUBSTANTIAL COPY WHICH ADDENDUM IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $100,000 FROM THE FOURTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THAT HAVE BEEN PREVIOUSLY APPROVED FOR IMPLEMENTATION AND OPERATION OF SAID REHABILITATION PROGRAM, $28,918 OF WHICH HAS BEEN PREVIOUSLY COMMITTED TO THE PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS 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, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16314: CLOSING AND ABANDONING A 10 -FOOT WIDE ALLEY IN A PORTION OF BLOCK 60, BLUFF PORTION, AS RECORDED IN VOL. W, PAGE 375, DEED RECORDS, NUECES COUNTY, TEXAS: 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. 16315: 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 GREENWOOD-MOLINA NURSERY SCHOOL BY GRANTING A SPECIAL COUNCIL PERMIT FOR EXPANSION OF AN EXISTING DAY CARE CENTER ON LOTS 38, 39 AND 40 , BLOCK 2, WASHINGTON 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". Cites jular Council Meeting ,ane 10, 1981 Page 21 ORDINANCE NO. 16316: 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 CURRIE'S NURSERY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 9 THROUGH 11, JOHNSON ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-4" GENERAL BUSINESS DISTRICT TO "B-5" PRIMARY BUSINESS 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". ORDINANCE NO. 16317: 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 APPLICTION OF PADRE SPACE CORPORATION, BY GRANTING A SPECIAL COUNCIL PERMIT FOR STORAGE UNITS OPERATION ON LOT 8, BLOCK 5, WOODLAWN ESTATES, 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". ORDINANCE NO. 16318: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE OF TEXAS, THROUGH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND THE DEPARTMENT OF PUBLIC SAFETY UNDER WHICH THE STATE WILL PROVIDE THE CITY AN INTOXILYZER (BREATHALYZER); 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. 16318: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE OF TEXAS, THROUGH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND THE DEPARTMENT OF PUBLIC SAFETY UNDER WHICH THE STATE WILL PROVIDE THE CITY AN INTOXILYZER (BREATHALYZER); 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 June 10, 1981 Page 22 Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Maria Gutierrez, Route 1, Robstown, Texas, which is just off Highway 665 and 661, stated that she has a water problem at this location. She informed the Council that the Violet Water Supply Company, which has a contract with the City of Corpus Christi, has just laid water pipes down these County Roads but the water lines do not extend into the subdivision where she lives. She questioned why these water lines were not designed to supply water to this subdivision. City Manager Townsend agreed that this was an unusual subdivision called, "Tierra Grande"; the lots were sold, but the plat clearly states "pending plat" and was signed by Mr. Carl Duaine. Mr. Townsend stated that the developer of this subdivision should not have sold the lots and implied that water would be available from the water lines to be laid by Violet Water Supply Company, because this company is only allowed to serve farm lots and no subdivisions were to be added to these lines. He stated that the developer of this subdivision had no authority to convert this land to improvements without making arrangements for water to be served in the area. He noted, however, that this area is outside of the City's extraterritorial jurisdiction, but he asked Mr. Bill Hennings, Assistant City Manager, to meet with Mrs. Gutierrez to discuss the matter. He implied that this appears to be grounds for cutting off the Violet Water Contract. Mayor Jones asked for a report on this matter. Mrs. Gutierrez stated that nearly all of the lots in the subdivision have already been sold. City Manager Townsend expressed the opinion that this is almost a criminal action since water is not available and assured the Council that an analysis of the problem will be provided the Council even though it is outside the City's jurisdiction. ********* Motion by Gulley that the Council convene in closed session under the authority of Article 6252-17C of V.A.C.S., for the purpose of discussing personnel matters; seconded by Zarsky; and passed unanimously. cites Pular Council Meeting June 10, 1981 Page 23 Mayor Jones reconvened the Regular Council Meeting at 7:02 p.m. Motion by Gulley that the City Manager's salary be increased to $55,000 per year effective June 1, 1981; seconded by Turner; and passed unanimously. Motion by Turner that the Council accept the City Manager's recommendation to appoint Dr. Larry W. Magnuson to the position of City Physician; seconded by Zarsky; and passed unanimously. 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 7:05 p.m., June 10, 1981.