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HomeMy WebLinkAboutMinutes City Council - 07/08/1981MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 8, 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 Pro Tem Betty N. Turner called the meeting to order in the Council Chamber of City Hall in the temporary absence of Mayor Luther Jones. The invocation was given by Dr. W. H. Colson of the Corpus Christi Baptist Association, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Jack Dumphy. 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 Pro Tem Turner announced the issuance of a proclamation declaring July 11, 1981 as "FESTIVAL DE BAILE DAY". Mayor Pro Tem Turner administered the oath to newly appointed Board and Committee Members. Motion by Gulley that the Minutes of the Regular Council Meeting of June 17, 1981 be approved as presented; seconded by Dumphy; and passed unanimously. Mayor Pro Tem Turner announced the bid opening on the following project: Nueces County Courthouse Area Streets. This 1977 bond project includes Comanche Street and a resurfacing of Lipan Street from North Staples to Carancahua and Artesian and Carrizo Streets from Blucher to Lipan. The Lipan Street portion and one block of Carrizo and Artesian Streets north of Comanche were not in the bond program. Lipan Street is recommended because the street has deteriorated and needs a hot -mix overlay. The additional blocks of Carrizo and Artesian Streets will complete area streets since the County installed permanent improvements on half of these streets when the Courthouse was built. OF LMED 8E1)19 1984 Minutes Regular Council Meeting July 8, 1981 Page 2 Assistant City Manager James K. Lontos opened bids on this project from the following companies: King Construction, Heldenf els Brothers, Isles Construction, and APPCO, all of Corpus Christi, and verified that the required bid security bond was included with each bid. Mayor Pro Tem Turner expressed appreciation to all the contractors who had submitted bids and 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. ********* Mayor Pro Tem Turner called for confirmation of actions taken during the Workshop Meeting of July 8, 1981 and presented the following items for the Council's consideration: 1. The City Council directed the City Manager to provide a report on July 22, on recommended alternative sites proposed for the Aquarium and the cost of preparation. 2. Discussion of the role and attendance of Boards and Commissions will be conducted in 45 days. 3. That the following Marina Board recommendations be considered next week. (a) The Board recommended a rate increase for commercial fishermen 40% greater than the current pleasure craft (which would be 7¢ per square foot). (b) The Board approved proceeding with a policy of collecting a fee for launching boats off the L -Head. In a separate motion, that fee was established at $2.00. (c) The Board unanimously approved providing signs to legal shrimp sellers in the marina (that would be obvious from the street) in order that they might be recognized as being authorized to sell shrimp. (d) It was the general concensus of the Board to approve charging a $25.00 fee for anyone having their name placed on the slip waiting list. This is in order to help defray some of the admi- nistrative costs involved in keeping the list up-to-date. Formal action to be considered at the July meeting. Motion by Kennedy that the foregoing actions be confirmed; seconded by Hawkins; and passed unanimously. ********* N R r Council Meeting July 8, 1981 Page 3 Mayor Pro Tem Turner called for the City Manager's Reports. City Manager Marvin Townsend presented the following items with related comments and explanations and recommended that: 1. Bids be received July 28, 1981 for an estimated three months supply (25,000') of copper pipe for water, gas and air conditioning uses. 2. Bids be received July 28, 1981, for twelve months supply of General Electric radio repair parts and accessories for radio maintenance. 3. Bids be received August 4, 1981, for 200 tons of rip rap stone for flood plain river bank protection at Wesley Seale Dam. The stone will protect three check dams downstream of the north spillway. The check dams are used to control water flow from the spillway to the river. Loss of rock during previous high water has decreased the effectiveness of the dams. 4. Twelve months supply or approximately 615 tons of aluminum sulfate in bulk for water treatment be awarded to Stauffer Chemical Company, Houston, on the basis of low bid of $131,247.15. Bids were previously solicited for 155 tons in drums and 460 tons in bulk. The three bids received were rejected. Two were for 155 tons in bags not drums. Bags cannot be handled at the Cunningham Plant. The third bid was for only bulk. The item was rebid with the specifications revised to allow all 615 tons in bulk to obtain more bids and a better unit price. The same company submitted the only bid in bulk at the same price as previously bid. 5. The CPA firm of Gowland, Kincaid, Davis & Co. be employed to audit the Tax Division for the year ending July 31, 1981. This firm audits the Corpus Christi Independent School District. The City has customarily employed the District's auditors for the Tax Division audit since District approval is a part of the joint Tax Office contract. Cost of the audit will not exceed $3,000. Last year's cost was $2,500. The firm has carried out the Tax Office audit since the City and School Tax Offices were consolidated in 1958. 6. Five bus stop shelters to replace those damaged or destroyed by Hurricane Allen be purchased from Handl Hut, Inc., Passaic, N.J., for the only bid received of $7,595. Price comparison shows an increase of 24% since 1978. 7. An amendment to the Federal Express Corporation lease for space at the International Arrival Building at the Airport be approved to substitute Roan 111 for Room 102, at the same rate of $70.13 per month. Room 102 is now being used as a holding area by American Airlines. 8. A lease be renewed with the Federal Aviation Administration for space in the Control Tower and for janitorial -utilities services. The present contract expires June 30, 1981. Formerly, a token $1.00 per year was paid by FAA for the space covered by this contract on the 3rd, 4th and 5th floors of the Control Tower building. Under the new contract, the City will be paid $7,483.45 for 3,687 square feet and $12,655 for janitorial and utilities, for a total of $20,138.40. The current lease provided $10,166.00 for janitorial services only. The lease is subject to renewal by FAA on an annual basis through September 30, 1992. 9. Plans and specifications for Coliseum Roof Repairs be approved and bids be received August 5, 1981. The roof will be removed and replaced with the same type of white mineral material, but with a more efficient insulating material to reduce cooling costs. The insurance carrier depreciated the Hurricane Allen damaged roof by 40%, allowing $55,000 toward replacement cost which is approximately 50% of the estimted project cost. The cost of extra insulation (about $16,000) will result in approximately $10,000 per year reduction in air conditioning costs. Minutes Regular Council Meeting July 8, 1981 Page 4 10. An agreement be authorized with Missouri Pacific Railroad Company for a pipeline crossing under the railroad near UpRiver Road for a 12" drain line from the O. N. Stevens Water Treatment Plant which will tie into an existing line on the north side of UpRiver Road which empties into the sludge drying beds north of Sharpsburg Road. The drain line will be part of the plant expansion. A permit fee of $500 will be paid to Missouri Pacific Railroad Company. 11. The Oso Wastewater Treatment System Lift Station No. 3 and Force Main (Contract 1) be accepted and final payment of $238,779.96 for a total of $2,175,755.59 be made to Heldenfels Brothers, Inc. The project includes construction of a 49 million gallon per day lift station on Williams Drive south of Daly Drive and a 36 -inch force main from Williams Drive to the Oso Plant. Modifications were made to the lift station structure to increase bracing and lateral support at a cost of $4,810. A problem arose with movement of the lift station that has now been corrected, at no additional cost to the City and with the contractor providing a supplemental 4 -year warranty. The project engineer recommends a 135 day time extension because of delays in shipping electrical equipment. It is thus recommended that no liqui- dated damages be charged. The project was paid for with 75% E.P.A. and 25% local money. Council Member Zarsky questioned the recommended 135 -day extension that was created because of the delay in shipment of electrical equipment. He explained that this had worked a hardship on a number of developers, including himself, in that the sewer line was not connected when they thought it would be and he had to pay a large sum to truck sewage from his subdivision due to the fact that the improvements to the Oso Wastewater Treatement System Lift station No. 3 were not completed on time. He suggested that a phrase should be included in contracts so that the contractors would be required to pay some of the costs incurred by delays. City Manager Townsend stated that he had questioned this long extension several weeks ago because he felt that it was an unusual delay. He agreed that the company did have some problems, but some of their problems probably were their own. * Mayor Luther Jones arrived at the meeting at 2:27 p.m. Mr. Lantos continued by stating that the contractor had ordered the necessary materials on time but the shipment was delayed for a considerable length of time. He stated that he, too, was not happy about the delay but the Staff has received letters from the contractor proving that the materials were ordered on time. City Manager Townsend agreed that it was unfortunate that the project was delayed so long and commented that he felt sure that there will be penalties on the airport parking lot project. ss r Council Meeting 8, 1981 Page 5 Council Member Zarsky reiterated that it was his opinion that the contractor should have to pay some of the penalty when such delays occur. He stated that he feels that it is the responsibility of the contractor rather than the third party, such as the developers. City Manager Townsend explained that there are a series of alternatives included in contracts to obtain the lowest possible price, and if a phrase is inserted that any delays in shipping will not be a reason for eliminating the penalty, this will obviously create higher bids. Mr. Lontos stated that the time for completion on this project was 270 working days. Council Member Zarsky again questioned the length of time granted in this case because he felt that the bidders should allow for some delay in shipments. Motion by Zarsky that the City Attorney provide alternative wording for penalty clauses in engineering contracts; seconded by Dumphy; and passed unanimously. 12. An industrial subdivision park deferment contract be approved for Lot 10, Block 7, Lantana Industrial Area. The 1.34 acre tract located west of Lantana Street and north of Lexington Boulevard is being platted for industrial purposes. If the lot is used for other than uses requiring "I-2" Light Industrial or "I-3" Heavy Industrial zoning, the owner will pay money in lieu of park land dedication. 13. A park contract be approved for Greenfields by the Bay, a 140 -acre subdivision, for an additional park dedication of 5.32 acres out of future units. The subdivision is located east of Rodd Field Road between Wooldridge and Saratoga. A final plat has been submitted for the first unit. 14. The Padre Little League lease at the Holly Road Reservoir Site be renewed for only one year because part of the leased area may be needed for construction of additional water storage tanks. The lease provides for 90 day cancellation and for the Little League to remove all fences and improvements at the League's expense when the reservoir project is initiated. **15. The 1200 through 1600 blocks of North Shoreline Blvd. be closed to vehicular traffic from 8:00 A.M., Friday, September 18, 1981 to 12:00 Noon, Wednesday, September 30, 1981 so that Bayfest '81 can be celebrated, and permission be granted to use the street, four municipal parking lots and the sidewalks, medians, seawall, marina and barge dock located within the street closure area for the exclusive use of Bayfest '81 activities from 6:00 P.m., Friday, September 25, 1981 to midnight Sunday, September 27, 1981. The event will be sponsored jointly by the Junior League of Corpus Christi and the Corpus Christi Arts Council. All property owners within the street closure have been contacted and offer no opposition. Two -percent (2%) of the gross profit derived from the festival will be contributed to the City. Access to the Convention Center will be provided from Hughes Street. ** Withdrawn - See page 6 Minutes Regular Council Meeting July 8, 1981 Page 6 Mayor Pro Tem Turner stated that she did not feel that the 2% of the gross profit to be contributed to the City was adequate for the City's expenses. City Manager Townsend stated that it has been assumed that the City is the co-sponsor; this event started at a 1% contribution the first year; and last year, the contribution was increased to 2% of the gross receipts. Mayor Pro Tem Turner inquired if there was some way that the City could develop some type of itemized list of the City's costs and City Manager Townsend agreed to provide some type of 'cost estimate or expense report1 Mayor Jones commented that the Bayfest Celebration provides more opportunities than any other event to bring all of the citizens in this City together. City Manager Townsend stated that he will withdraw this item from the City Manager's Reports, particularly since all of the property owners abutting the street to be closed have not signed the agreement. 16. A change order for $6,201 to the Peoples Street Slip Realignment project be approved for widening seven boat slips serving charter boats. The original slip width called for three-foot decking two feet and three inch clearance between piling. To better accommodate charter boats, a deck width of four feet is desirable. This adjustment will also allow wheelchair access to the charter boats. 17. Plans and specifications for roof repairs to the Meadow Park Recreation Center be approved and bids be received August 5, 1981. Two alternate methods 'of repair are being offered: a. Alternate A - provides for removing and replacing the low level roofs on the east and west side of the main building, applying insulation, reroofing and painting with a fibrated aluminum coating. The main section of the roof would receive repairs as needed. b. Alternate B - provides for removing the entire roof of the main section and both wings. A urethane insulation would be applied to the entire roof, which would then be sprayed with a vinyl roofing material. Alternate B would increase the R value (insulation) of the roof which in turn will reduce air conditioning and heating costs. The project is included in the Community Development Block Grant. 18. The Platting Ordinance be amended to require that, when a proposed subdivision is adjacent to an existing water main, the developer pay into a water main extension trust fund an amount equal to one-half the cost of the main extension which would otherwise be required along the portion of the subdivision adjacent to the main. The payment would be based on costs at the time of platting and would be for up to a 12" main. , 1 s _ar Council Meeting July 8, 1981 Page 7 19. Repairs being made to a Street Division slope mower at an estimated cost of $5,092.84 by Waukesha -Pearce be noted. The Terrain King mower needs extensive repairs to the extendible boom, bushings, pins and hoses. A new mower would cost over $12,000. The mower is used to cut grass on side slopes of drainage ditches. Mayor Jones calld for comments from the audience on the City's Manager's Reports. Mr. Bill Brunson, a Real Estate Agent in Calallen, stated that the water main extensions should be clarified as to the water extension fees. City Manager Townsend stated that the Staff recommends that this ordinance includes River Acres Subdivision and Robstown should be covered in this new policy also. He noted that those subdivisions are not in compliance with the City standards and this should be addressed at this time with this ordinance. Mr. Brunson agreed that if the City of Corpus Christi water supply is providing water, this ordinance would be agreeable, but if another water district is involved, this should not apply to extraterritorial subdivisions. City Manager Townsend agreed that possibily this should only apply to the City of Corpus Christi's water supply system. Council Member Dumphy suggested that since this ordinance is on a first reading basis today, it could possibly be amended if necessary prior to third reading. Motion by Turner that other water districts and other entities be provided a copy of this proposed ordinance for their information; seconded by Kennedy; and passed unanimously. City Manager Townsend explained the long existing problems with the Robstown Water System. Mayor Jones commented that the City of Corpus Christi has borne the brunt of the cost of water for several other entities for many years. There were no further comments on the City Manager's Reports. Motion by 2arsky that the City Manager's Reports, items 1 through 19, with the exception of item 15, which was withdrawn, be approved; seconded by Turner; and pased unanimously. ti Minutes Regular Council Meeting July 8, 1981 Page 8 ********** Mayor Jones presented the following tabled item: Appeal of a decision of the Planning Commission to require construction of a bridge across the drainage ditch adjacent to Bel -Aire Estates Unit 2, located in Flour Bluff on Waldron Road between Glenoak and Caribbean Drive. A hearing was held on January 14, 1981. The matter was tabled and referred back to the Planning Commission to reconsider the bridge requirement, particularly, as to whether or not the bridge would be necessary if Caribbean Drive were improved and what priority should be placed on improvements to Caribbean Drive. The Planning Commission has reconsidered the matter and again recommends that the bridge be required and that the staff consider improvement of Caribbean Drive in the next capital improvement program. City Manager Townsend reminded the Council that this item had been dis- cussed isL cussed during the morning Workshop Meeting and the Council had agreed to conduct a public hearing on this matter. Motion by Turner that this item be removed from the table; seconded by Hawkins; and passed unanimously. Motion by Zarsky that a public hearing be set for July 22, 1981 on the appeal of the decision of the Planning Commission to require construction of a bridge across the drainage ditch adjacent to Bel -Aire Estates Unit 2, located in Flour Bluff on Waldron Road between Glenoak and Caribbean Drive; seconded by Hawkins; and passed unanimously. ********** Mayor Jones announced the following recessed public hearing: Corpus Christi Baptist Association from "R -1B" to "AB" on Lot 2, Block 3, Glendale Subidvision located on the north side of Baldwin Boulevard approximately 68' east of Glendale Drive. The Planning Commission recommends denial, but in lieu thereof, a special permit be granted for a Baptist Student Union. The Hearing on this case was recessed on July 1, 1981 to the July 8, 1981 meeting. Mayor Jones informed the Council that he has visited this site and stated that his previous objection to the change was that it would change the residential character of this neighborhood; and if a special permit could be approved that required a site plan devised in such a manner that the subject property would retain its residential character, then he would be in favor of . this. Mayor Pro Tem Turner stated that she had studied the problem also and read the minutes of the meeting and had ascertained that the building would not actually be turned around but only the entrance would be from another street. Is ' i 3r Council Meeting July 8, 1981 Page 9 Council Member Kennedy stated that he also had studied the matter during the week and he feels that there are still other places that could be used for this student union. He suggested that two other houses or two stores in the area could be available for rent or lease and that they be considered for the establishment of the Baptist Student Center. Dr. W. H. Colson, Director of the Corpus Christi Baptist Association, referred to Dr. Kennedy's proposal and stated that they have tried for many years to find a place for their student union; they have checked on the vacant buildings across the street; they were not available at the time they contracted for this particular site; and stated that they do not need the parking that the staff has indicated is necessary because their students will walk over from the College campus to attend classes. He stated that they only want an entrance at the rear of the structure, and he feels that they did not explain their program completely during the previous public hearing. No one else spoke in regard to this application. Motion by Turner that the hearing be closed; seconded by Gulley; and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy voting, "Nay". Motion by Turner that the requested zoning for the Corpus Christi Baptist Association be denied but in lieu thereof that a special permit be granted for a Baptist Student Center; seconded by Zarsky. Council Member Hawkins inquired if the Staff still considers this to be spot zoning that would create additional requests for "AB" zoning in this neighborhood. City Manager Townsend stated that the comments that the Staff made about this particular zoning case and their concern about this fragile neighborhood if any house is used for something other than a residence no longer apply since the site plan has been changed to minimize the possibility of the building losing its residential appearance. The motion to approve a special permit passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy voting, "Nay". Minutes Regular Council Meeting July 8, 1981 Page 10 ********* Mayor Jones called for the public hearing on contractual annexation. Contractual annexation of River Canyon Subdivision (72.53 acres) located west of Highway 77 and north of F.M. 624 between the Calallen High School and the Nueces River. City Manager Townsend located this area and other developments outside the City limits. He stated that the Staff is proposing that all annexation contracts in the future contain terms in the contract to very clearly set forth the requirements of the City's platting ordinance so that it will not be assumed that it will be annexed subject to the platting ordinance but will clearly state the terms under which property is being annexed. He stated that the applicant has not seen this revised contractual annexation document but he would like to suggest that the annexation be approved and if the owner arrives at the meeting later, he can be informed so that the Staff can determine if the developer is agreeable to the terms of the annexation contract. He explained that this particular location is very critical as far as the City's water supply is concerned; therefore, the City would only recommend this annexation if the subdivider agrees to all of the terms. He stated that he had explained this and recommended the inclusion of these terms in the basic annexation contract. No one spoke in regard to this proposed annexation. Motion by Dumphy that the hearing be closed, seconded by Gulley, and passed unanimously. Motion by Dumphy to approve the contractual annexation of River Canyon Subdivision; seconded by Gulley; and passed unanimously. Mayor Jones called for the ordinances and City Manager Townsend briefly explained the ordinances on the agenda, giving particular attention to the ordinance on the zoning case of the Candy Stick Corporation. He briefly reviewed the public hearing for Mayor Pro Tem Turner, who was absent from the meeting last week, and stated that the 20$ rule is in effect. Speaking in regard to this ordinance was Mr. Bill Brunson who stated that the Candy Stick Corporation has plans to develop the area and he is very much in favor of approval of this zoning. 1 es ,ar Council Meeting Jury 8, 1981 Page 11 There were no further comments on the ordinances. City Secretary Read polled the Council for their votes and the following ordinances were approved: FIRST READING: AMENDING THE PLATTING ORDINANCE NO. 4168, AS AMENDED, BY AMENDING SECTION V, SUBSECTION B -5(a), TO REQUIRE WATER SUPPLY LINE EXTENSIONS AND PAYMENT INTO THE WATER MAIN EXTENSION TRUST FUND WHEN SUPPLY LINES ARE IN PLACE. 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". FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE UNITED STATES GOVERNMENT, DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, PROVIDING FOR THE INCREASE OF JANITORIAL AND UTILITY FEES IN THE OLD AND NEW TOWER BUILDING AT CORPUS CHRISTI INTERNATIONAL AIRPORT, AS MORE FULLY SET FORTH IN LEASE NUMBER DTFA07-81-L-01128, WHICH INCORPORATES LEASE NUMBER FA71SW-1033 AND CANCELS FA79SW-1076 AND FA74SW-1182, A SUBSTANTIAL COPY OF WHICH LEASE AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF MARKED EXHIBIT "A", AND A SUBSTANTIAL COPY OF CANCELLATION AGREEMENTS WHICH ARE ATTACHED HERETO AS EXHIBIT "B" AND EXHIBIT "C". 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". SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI AS AMENDED, BY AMENDING CHAPTER 21, GARBAGE, TRASH AND OTHER REFUSE BY ADDING THERETO A NEW SECTION, TO BE NUMBERED 21-6.1, LIMITATION ON NUMBER OF CONTAINERS; PROVIDING AN EFFECTIVE DATE. (First Reading - 7/1/81) 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: AMENDING ARTICLE V. TAPS AND CONNECTIONS' OF CHAPTER 55. UTILITIES, OF THE CODE OF ORDINANCES, CITY O1CORPUS CHRISTI, AS AMENDED, BY AMENDING PARAGRAPH (1) OF SECTION 55-70, ADOPTION OF RULES, REGULATIONS AND WATER AND GAS FEES, TO PERMIT ANYONE WHO HAS PROPERLY APPLIED FOR A BUILDING OR PLUMBING PERMIT TO MAKE APPLICATIONS FOR WATER, GAS, OR SEWER TAPS AND PROVIDING THAT TAP FEES BE PAID BEFORE THE PERMIT IS ISSUED; PROVIDING AN EFFECTIVE DATE. (First Reading -7/1/81). 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". ti v Minutes Regular Council Meeting July 8, 1981 Page 12 SECOND READING: AMENDING ORDINANCE NO. 15256 WHICH ADOPTED THE BUILDING CODE, PASSED AND APPROVED BY THE CITY COUNCIL ON DECEMBER 12, 1979, AS AMENDED, BY AMENDING SECTION 1 OF SAID ORDINANCE SO AS TO AMEND SUBSECTION 2301.6 - UNSAFE SIGNS; PROVIDING THAT CERTAIN SIGNS VIOLATING THE BUILDING CODE, ELECTRICAL CODE, OR VIE% OBSTRUCTION ORDINANCE, OR LOCATED ON PUBLIC STREET RIGHT-OF-WAY, CONSTITUTE AN IMMEDIATE DANGER; AUTHORIZING THE BUILDING OFFICIAL, ASSISTANTS, INSPECTORS, AND OTHER EMPLOYEES OF THE BUILDING INSPECTION DIVISION TO ISSUE NOTICES OF VIOLATION AND IMPOUND SUCH SIGNS; AND PROVIDING FOR SEVERABILITY. (First Reading - 7/1/81) 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. 16368: AMENDING CHAPTER 9, AVIATION OF THE CORPUS CHRISTI CITY CODE, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 9-1, MINIMUM ALTITUDE, SO AS TO REVISE THE MINIMUM ALTITUDE FOR ROTOCRAFT OPERATIONS FROM 1,000 FEET TO 500 FEET. (First Reading - 6/24/81, Second Reading - 7/1/81). 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. 16369: FINDING THAT THE COST OF PROVIDING INTRA -CITY CHARTER BUS SERVICE HAS SUBSTANTIALLY INCREASE; ESTABLISHING NEW RATES FOR INTRA -CITY CHARTER BUS SERVICE; AMENDING SECTION 1 OF ORDINANCE 13524; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE. (First Reading - 6/24/81, Second Reading - 7/1/81) 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. 16370: AUTHORIZING THE CITY MANAGER TO EXECUTE A PIPELINE CROSSING LICENSE AGREEMENT WITH MISSOURI PACIFIC RAILROAD COMPANY WHEREBY THE CITY WILL INSTALL AND CONSTRUCT A PIPELINE CROSSING RAILROAD RIGHT-OF-WAY AT MILE POST 147.60, ENGINEER"S CHAINAGE STATION 7782 + 52, AS SHOWN ON THE MAP WHICH IS PART OF SAID LICENSE, A SUBSTANTIAL COPY OF WHICH LICENSE 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". ORDINANCE NO. 16371: AMENDING THE AMENDED LEASE AUTHORIZED BY ORDINANCE NO. 16383, PASSED AND APPROVED ON APRIL 8, 1981, BETWEEN THE CITY OF CORPUS CHRISTI AND FEDERAL EXPRESS CORPORATION, WHEREBY THE SAID FEDERAL EXPRESS CORPORATION LEASED APPROXIMATELY 110 SQUARE FEET OF SPACE (ROOM 102), IN THE INTERNATIONAL ARRIVAL BUILDING ON A MONTH-TO-MONTH BASIS FOR A MONTHLY RENT OF $70.13, BY SUBSTITUTING A NEW EXHIBIT "A", TO INDICATE LEASE OF ROOM 111 INSTEAD OF ROOM 102; AND DECLARING AN EMERGENCY. N h r Council Meeting July 8, 1981. Page 13 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. 16372: AUTHORIZING THE CITY MANAGER TO EXECUTE A PARK DEFERMENT CONTRACT WITH THE DEVELOPERS OF LOT 10, BLOCK 7, LANTANA INDUSTRIAL AREA, EQUIPMENT RENEWAL COMPANY, WHEREBY THE REQUIREMENT THAT CERTAIN LAND BE DEDICATED FOR PARK PURPOSES IS WAIVED SO LONG AS EACH LOT IN THE SUBDIVISION IS UTILIZED FOR PURPOSES REQUIRING AN "I-2" OR "I-3" ZONING DISTRICT DESIGNATION WITH THE STIPULATION THAT IF ANY LOT IN THE FUTURE IS UTILIZED FOR OTHER THAN "I-2" OR "I-3" USES, THE OWNER PAY MONEY IN LIEU OF LAND DEDICATION PRIOR TO THE ISSUANCE OF A BUILDING OR OCCUPANCY PERMIT FOR THE LOT, A SUBSTANTIAL COPY OF WHICH AGREEMENT 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. 16373: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE DEVELOPERS OF GREENFIELDS BY THE BAY, A 140 ACRE SUBDIVISION, IN ACCORDANCE WITH THE PROVISIONS OF THE PLATTING ORDINANCE FOR FUTURE PARK DEDICATION, A SUBSTANTIAL COPY OF WHICH AGREEMENT 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. 16374: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE PADRE LITTLE LEAGUE FOR A ONE-YEAR EXTENSION OF THE CURRENT LEASE AGREEMENT, LEASING TO SAID PADRE LITTLE LEAGUE A TRACT OR PARCEL OUT OF THE HOLLY ROAD RESERVOIR SITE, MORE FULLY DESCRIBED HEREINAFTER FOR ESTABLISHMENT AND MAINTENANCE OF A RECREATIONAL AREA, ALL AS MORE FULLY DESCRIBED IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR PUBLICATION. 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. 16375: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1927, 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 O. DEAN COUCH R. , BY GRANTING A PLANNED UNIT DEVELOPMENT - 2 FOR A RESIDENTIAL DEVELOPMENT ON 21.818 ACRES OUT OF LOT 2, W. E. POPE ESTATES, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE APPROVED PLANS SIGNED BY THE CHAIRMAN OF THE PLANNING COMMISSION AND CERTIFIED BY THE CITY SECRETARY AS APPROVED BY THE CITY COUNCIL; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting July 8, 1981 Page 14 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. 16376: 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 CANDY STICK CORPORATION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT A AND TRACT B OUT OF SHARE 3 AND 4, -JOHN HARNEY PARTITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F -R" FARM -RURAL DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT ON TRACT A AND "R-2" MULTIPLE DWELLING ON TRACT B; 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. 16377: 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 CORPUS CHRISTI BAPTIST ASSOCIATION BY GRANTING A SPECIAL COUNCIL PERMIT FOR A PERMIT FOR A BAPTIST STUDENT UNION CENTER ON -LOT 2, BLOCK 3, GLENDALE SUBDIVISION, 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. Mr. Dean Banks stated that he was present to request action on several priority items. He complimented the Council on the many actions they have taken in regard to bond programs and in the operation of the City but urged that they proceed with the plans for Corpus Christi Beach. He informed the Council that he would provide copies of the plans for Corpus Christi Beach and for the Master Plan for that area. Mr. Banks contended that the declared policy for the development of Corpus Christi Beach was for expansion of the park to give it more beach frontage and to make it and the entire restored `.es lar Council Meeting Jury 8, 1981 Page 15 beach more functional as a public recreation center; however, the developers and investors wanted to divert people on to the north park area and to leave the south park area for developers and private industry. He expressed his concern that special interest groups have exerted undue influence on the City. Mayor Jones thanked Mr. Banks for his presentation. Motion by Turner that the Council convene in closed session under the authority of Article 6252-17C, Open Meeting Law of V.A.C.S., to discuss personnel matters; seconded by Gulley; and passed unanimously at 3:28 p.m. Mayor Jones reconvened the Regular Council Meeting at 3:50 p.m. Mayor Jones announced that the meeting in closed session was in regard to the promotion of Mr. Paul Werner to the position of General Superintendent of the Water Department. Motion by Turner that the Council approve the recommendation of the City Manager to promote Mr. Paul Werner to this position; seconded by Gulley; and passed unanimously. ********* Mayor Jones announced public hearings on three zoning applications. City Manager Townsend announced the public hearing on Application No. 681-5, Mr. Manuel Romo, for a change of zoning from "A-1" Apartment House District to "R -1B" One -family Dwelling District on the east one-half of Lot 7, Block 6, Cabaniss Acres located on the north side of Carolyn Drive approximately 425' west of Ayers Street (Chapman Ranch Road). City Manager Townsend informed the Council that both the Planning Com- mission and the Planning Staff recommend approval and that in response to the notices of the public hearing, one in favor and none in opposition had been returned. Mayor Jones ascertained that no one in the audience desired to speak on this zoning application. Motion by Turner that the hearing be closed, seconded by Kennedy, and passed unanimously. Motion by Gulley that the zoning of "R -1B" be granted on Application No. 681-5; seconded by Turner; and passed unanimously. Minutes Regular Council Meeting July 8, 1981 Page 16 City Manager Townsend announced the public hearing on the following zoning matter: Amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding a new subsection 31-5.31 setting forth a zoning classification of "B-4" General Business District on a tract of land containing 45.17 acres located on the northwest corner of FM 624 and U. S. Highway 77. He stated that it is recommended that the area be zoned "B-4" prior to annexation. Chief Planner Larry Wenger informed the Council that the Staff has received a preliminary plat of the property. City Manager Townsend explained that this is the property for which a shopping center is proposed and which was previously announced. He stated that the owner was reminded in writing that sewer service is available and Mr. Farrell Smith previously stated that he would annex this property as soon as sewer service was available. Mr. Townsend stated that there is a manhole to serve this property and indicated that the Council might wish to grant the zoning. He reminded the Council of the announcement that a shopping center would be built here but pointed out that the developer still had not resolved any of the problems of sewer service, water, etc. Chief Planner Wenger informed the Council that Mr. Farrell Smith authorized Allied Properties to make this application; therefore, he did not think that the ownership has changed yet. Mr. Wenger then located the area on the zoning and land use map; described the land use in the surrounding areas; showed slides of the area; and stated that the Staff has no objection to the zoning. Mr. Wenger also informed the Council that the applicant submitted a plat and letters have been written informing Allied Property as to what they have to do before construction can began on their planned shopping center. City Manager Townsend further explained that the Staff is really not opposed to the zoning requested for this area but they feel that the problems should be resolved related to streets, drainage, sewer service, and water lines; and the recommendation is that the zoning be approved after these matters have been handled. Council Member Turner inquired if it would be appropriate to table this until those problems have been resolved. l s h .ar Council Meeting July 8, 1981 Page 17 Council Member Gulley expressed the opinion that the Council should not zone property that is not inside the City limits. City Manager Townsend elaborated by saying that land is annexed to the City as "R -1B" zone property; the applicant has expended a great deal of money already; but it has been agreed that the Iand should be annexed and the problems worked out. Mr. Bill Brunson, Realtor, speaking on behalf of Allied Development Company, stated that they did receive a letter from Mr. Wenger which was sent to them so that they could work out the platting process. He assured the Council that they are aware of their requirements; Urban Engineering is in the process of preparing the engineering work; they plan the construction of a shopping center; Mr. Farrell Smith stated that he received a letter from City Manager Townsend to the effect that sewer service is available. He pointed out to the Council that Allied Development is a well-known firm and they have spent a great deal of money for this project. He stated that he felt certain that they will comply with the City's requirements on annexation and services. Also speaking in regard to this application was Mr. Bob Barnes, Represen- tative of Allied Leasing Company. He informed the Council that Allied is the largest Ieasehoider in Austin, Texas; they have shopping centers in a number of other cities in Texas; and they have been trying to work with Mr. Smith in a rather complicated real estate deal to obtain this land. He displayed a plan for a covered shopping Mall and City Manager Townsend commented that the preliminary plat is quite different from that plan. Mr. Barnes agreed but stated that they are contemplating a Mall instead of a strip shopping center which was shown on their original plan. He also stated that they will build the Mall as soon as possible; the potential tenants prefer a Mall; and they need a commitment from one more large tenant before they can start construction. He then provided information in regard to their successful operations in other cities. Mayor Jones inquired of the City Manager as to the next procedure, and City Manager Townsend suggested that this be tabled until the annexation hearing has been conducted. Mr. Barnes pointed out that Mr. Smith still owns the property but they have it under contract. Minutes Regular Council Meeting July 8, 1981 Page 18 City Manager Townsend stated that the City could call for the, public hearing to consider annexation of this property. Mr. Barnes reiterated that without the zoning, they cannot work out their deals with Mr. Smith. Motion by Turner that the hearing be closed, seconded by Gulley, and passed unanimously. Motion by Dumphy that the Council approve the zoning of "B-4" for this area and instruct the Staff to set the public hearing on the annexation of this land for July 22, 1981; seconded by Turner; and passed unanimously. ***talc*** City Manager Townsend announced the public hearing on the following matter: Amend Article 33, Permits, Plats and Filing Fees, Subsection 33-3, Filing Fees, to establish application fees for prezoning a tract of land prior to annexation of $400 for tracts of less than 10 acres; $600 for tracts of more than 10 acres but less than 20 acres and $1,100 for tracts of 20 acres or more. He stated that both the Planning Commission and the Planning Staff recommend approval. Chief Planner Wenger explained that this amendment will establish fees that are twice as much as the fee for tracts of land inside the City limits. No one spoke in regard to this zoning matter. Motion by Turner that the hearing be closed, seconded by Gulley, and passed unanimously. Motion by Turner that the Council approve the amendment of Article 33, to increase the fees for tracts outside the City limits; seconded by Gulley; and passed unalmously. City Secretary Read informed the Council that he had available for consideration passage the three ordinances granting the zoning requests. He called for the vote on the ordinances and the following were approved: ORDINANCE NO. 16378: AMENDING THE ZONING 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 MANUEL ROMO BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON EAST 1/2 or LOT 7, BLOCK 6, CABANISS ACRES, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES tes ,alar Council Meeting July 8, 1981 Page 19 COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16379: 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, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY AMENDING SECTION 31-5 BY ADDING THERETO A NEW SUBSECTION, TO BE NUMBERED 31-5.31, SETTING FORTH ZONING CLASSIFICATION ON THE DESCRIBED TRACT OF LAND, WHEN ANNEXED TO THE CITY OF CORPUS CHRISTI, SAID AREA BEING DESCRIBED AS A TRACT OF PARCEL CONTAINING 45.17 ACRES, MORE OR LESS, OUT OF THE MARIANO LOPEZ DE HERRERA GRANT, ABSTRACT NO. 606, AND DESCRIBED IN DEED OF RECORD IN VOL. 272, PAGE 166, DEED RECORDS OF NUECES COUNTY, TEXAS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; 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. 16380: 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, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING ARTICLE 33, SECTION 33 - FILING FEES, BY ADDING A NEW SUBSECTION, 33-3.05, TO PROVIDE FOR PAYMENT IN ADVANCE UPON FILING WITH THE DEPARTMENT OF PLANNING OF ANY APPLICATION FOR PREZONING OF A TRACT OF LAND PRIOR TO ANNEXATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITHl; PROVIDING FOR PUBLICATION; 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. ********** Council Member Zarsky questioned the Staff about the Buckingham Estates zoning matter indicating that he understood it was heard by the Planning Commission the preceding evening and inquired if they recommended approval. City Manager Townsend stated that if it was approved, it has so many problems that there is no way that it can be approved by the Council at this time. Minutes Regular Council Meeting July 8, 1981 Page 20 ********* 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 4:30 p.m., July 8, 1981. l