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HomeMy WebLinkAboutMinutes City Council - 08/12/1981MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 12, 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 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 Sister Benedict May of Incarnate Word Academy, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Herbert Hawkins. 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. Motion by Turner that the Minutes of the Regular Council Meeting of July 22, 1981 be approved as presented; seconded by Dumphy; and passed unanimously. Mayor Jones then presented to City Secretary Bill G. Read a plaque expressing the appreciation of the City Council for the dedicated service that he has given to the City of Corpus Christi for 13 years. Mayor Pro Tem Turner made appropriate remarks expressing her appreciation for the assistance provided by Mr. Read. Mr. J. Howard Stark, former City Council Member, who was visiting in Corpus Christi, made a short speech in regard to the events that occurred in 1973 in connection with City Secretary Read's service as special assistant to the City Council. Mayor Jones then administered Oaths to board and committee appointees. MICROFILMED ,ggp 191984 Minutes Regular Council Meeting August 12, 1981 Page 2 Mayor Jones announced the bid openings on the following Engineering projects: 1. Construction of the Northwest Library. The library is to be built on McKenzie Road between Leopard and IH 37. The project was included in the 1977 bond election. Plans have been prepared by Bennett, Martin, and Solka and have been approved by the Library Board. If satisfactory bids are received and a contract is awarded, the library should be completed during the last quarter of 1981-82 (May - July, 1982). Assistant City Manager James K. Lontos opened bids on this project from the following companies, reading the base bid and the four alternates: Casey & Glass, Salazar Construction Company, Ewing Construction Company, J. H. Chapman Construction Company, W. H. Thomas Construction Company, William J. Shaw, Kiesel Construction Company, and Henry Brooks Construction Company. Mr. Lontos verified that all bidders had submitted the required bid bond. Council Member Dumphy questioned the reason why the Henry Brooks Company did not submit a bid on the plumbing and a representative from that Company stated that he just failed to list it. 2. 0. N. Stevens Plant levee repairs. This is a Hurricane Allen repair wherein the levee and earth dike below the plant, which serves as a sedimention basis and detention pond for washwater discharge at the plant, will be rebuilt. The FEMA estimate is $70,050 of which 25% is the local share. Mr. Lontos opened bids on this project from Bay, Inc., Asphalt Paving Construction Co., and DeBer, Inc. 3. Improvements to exit stairs at the Convention Center and handrails at the Auditorium. The work includes construction of gypsum board walls and railing at the southmost stairwell opening on the exhibit floor, construction of railing at two stairwells on the north side of the Exhibit Hall, construction of additional railing members at three other stairwells to reduce the existing gap between railings and a handrail system. Assistant City Manager Lontos opened the only bid received on this project from Beecroft & Company and verified that the required bid bond had been submitted. Mayor Jones stated that the bids on all three projects will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the staff for tabulation and recommendation. utes jular Council Meeting august 12, 1981 Page 3 Council Member Gulley referred to the bids on the Northwest Library and requested a tabulation of the bids. Assistant City Manager Lontos assured him that copies will be provided the Council. Mayor Jones announced a presentation by Mr. Maury Wolfson, Chairman of the Human Relations Commission. Mr. Wolfson introduced other members of the Human Relations Commission who were present, as well as Mr. Andy Duran and Mr. Rudy Rivera of the City -County Welfare Department. Mr. Wolfson presented to the Council copies of a detailed study on the subject he planned to address. Mr. Wolfson continued by explaining that the commission has discussed for some time a problem they had been working on pertaining to the many families who arrive in the City of Corpus Christi without funds for lodging or food. He commented that single people are cared for either at the YMCA or other facilities but, there are no facilities for families to stay in emergency situations. Mr. Wolfson explained that the usual procedure is to refer the families to the City -County Welfare Department. He commented that in most cities a Travelers Aid Society is in operation, but there is none in the City of Corpus Christi. Mr. Wolfson stated that the Human Relations Commission recommends that the City move forward to make available some type of assistance, particularly on weekends, for transients who have no food, money or places to stay. He informed the Council further that the commission has studied this problem and has exhausted every effort to find a solution. He stated that for a short time they utilized public housing, but the Housing Authority has determined that since they receive funds from a grant of the Department of Housing and Urban Development, they are prohibited from this kind of temporary use of their housing. Mr. Wolfson concluded his remarks by suggesting that funds might be made available from the City for this purpose. Mayor Jones agreed that this was a problem and suggested that this be listed as an agenda item next week. Motion by Turner that the subject of housing for transients be listed on the agenda next week, seconded by Zarsky and passed unanimously. ********* Minutes Regular Council Meeting August 12, 1981 Page 4 Mayor Jones noted that the Council had not completed discussing current concerns and the status of pending items during the morning Workshop meeting and suggested that these be considered at this time. Council Member Gulley referred to appointments made to the Planning Commission. He recalled that he had nominated Ike Salinas, who had informed him that he was no longer able to serve on that committee. Council Member Gulley suggested that Mr. Arnold Garcia be considered for appointment to replace Mr. Salinas. Mayor Jones stated that this should be listed as an agenda item for the meeting next week and the appointment would be made by the entire Council. City Manager Townsend suggested that it would be helpful if Mr. Salinas submitted a letter of resignation, and Mr. Gulley replied that he planned to do so. Council Member Gulley referred to the discussion from the previous week in regard to a savings for an all electric home. He stated that he had checked on this and had obtained information in regard to Central Power & Light Company advertising and determined that there is a savings of $88.45 in all electric homes. City Manager Townsend recalled that during one of the previous Council's rate hearings for an increase requested by Central Power and Light, a request was made that that company bring back to the City their explanation as to why they are advertising that electric hot water heaters are less expensive. He stated that CP&L has never reported this and this should be done. Mr. Townsend expressed the opinion that this is rank discrimination against other utility companies because he feels that this special rate is because of the use of electric hot water heaters. He stated that he will report back to the Council on this matter. Council Member Gulley referred to the master drainage plan near Bear Lane which was tabled for two weeks and pointed out that it was not on the agenda until six weeks later and the matter has still not been resolved. Mr. Lontos explained that the staff has been discussing this matter with the developer who indicated that he would dedicate the right-of-way for the bridge but the developer objects to the cost of the bridge. He assured the Council that the staff will continue to work with the developer to resolve this matter. Utes Jular Council Meeting august 12, 1981 Page 5 City Manager Townsend pointed out that there has been a flagrant attempt by the developer to build the subdivision without complying with city regulations or making an attempt to resolve the problem associated with this project. Council Member Zarsky inquired if the Council had made a decision on the disposition of the $55,000 remaining in the hotel -motel tax fund. Motion by Zarsky that the Council conduct a fund review of the Tourist Bureau budget, seconded by Turner and passed unanimously. Council Member Zarsky then suggested that a public hearing on the master plan for transportation be conducted. He explained that there are problems with certain roads and their possible redesign in subdivisions. City Manager Townsend explained that a Master Plan change requires a recommendation from the Planning Commission. He agreed that the Council could conduct a public hearing to determine what the needs are, but then it should be referred to the Planning Commission. He stated that one alternative would be to request that the Planning Commission conduct a public hearing first to allow the people to speak on this subject. Council Member Zarsky agreed that this would be appropriate. Motion by Zarsky that the Planning Commission be requested to conduct a public hearing for the purpose of reviewing the master street plan, and in particular, the changes in the neighborhood concept; seconded by Turner; and passed unanimously. Council Member Hawkins expressed concern that the trash pickup in the Hillcrest area has not been made in several weeks. City Manager Townsend explained that the sanitation crews are behind schedule by approximately six to eight weeks, but he will check that particular area. Mr. Bill Hennings, Assistant City Manager, stated that the pickup should be made in the Hillcrest area within the next week or two. Mayor Pro Tem Turner requested a report on open trade for the City of Corpus Christi. City Manager Townsend replied that during a previous study, it could not be determined that this would benefit the City of Corpus Christi, but this will be before the Council soon, possibly in three or four weeks. Minutes Regular Council Meeting August 12, 1981 Page 6 ********* Mayor Jones called for consideration of confirmation of actions taken during the Workshop Meeting of August 12, 1981 as follows: 1. An area of the People's Street T -Head be leased to the Aquarium Association for the purpose of the construction of an aquarium. Motion by Zarsky that the foregoing action be confirmed; seconded by Dumphy and passed by the following vote: Dumphy, Gulley, Hawkins, Kennedy, and Zarsky voting, "Aye"; Jones and Turner voting, "Nay". 2. That the three finalist entries and the three alternate entries recom- mended by the Municipal Arts Commission be placed on a public ballot for a nonbinding referendum vote. Motion by Turner that the foregoing action be confirmed; seconded by Zarsky and passed unanimously. 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. Three month supply or 25,000 feet of 1/4" to 2" copper pipe for Water, Gas, Transit and Maintenance Service Divisions be purchased from Amfac Mechanical of Corpus Christi for $17,003.59. Nine bids were received. Prices have decreased approximately 16% since the last purchase in February, 1981. 2. One replacement 1,000 GPM Pumper Fire Truck be purchased from Superior Southwest, Inc., Dallas, for $103,761.00 less $2,034 if paid on delivery, or $101,727.00. Bids were received from three firms. The apparent low bid of $102,415.00 is not recommended because the engine horse power, structural, and material design requirements were not met. Price comparison shows an approximate 25% increase since 5 similar units were purchased in February, 1980. The truck replacement was included in the 1980-81 Budget. 3. 150 Creosote Poles for the fence at the Westside Sanitary Landfill be purchased on the basis of low bid from Crown Zellerbach, Houston, for $6,706.50. Three bids were received. The purchase price reflects a 14% decrease since a similar purchase in October, 1980. A depressed lumber market and a larger quantity purchase are the main reasons for the decrease. 4. Excess Comprehensive General and Automobile liability insurance in the amount of $1,000,000 over the City's first $1,000,000 of self-insurance and $4,000,000 excess over that amount be purchased from Arthur J. Gallagher & Company for $270,000, including taxes and fees. The premium is $19,625 below the $289,625 premium for 1980-81. In addition to the reduced premium, the company will provide a $250,000 loss limit per occurrence with a maximum loss of $1,000,000 total. utes gular Council Meeting August 12, 1981 Page 7 5. A contract be approved with Gallagher Bassett Insurance Services for claims handling for General and Automobile liability from August 30, 1981 through August 29, 1982 for a fixed fee for an estimated 300 claims as follows: a. Claims handling $12,800.000 b. Statistical Services 2 000 $14;800..000 c. Each claim over 300 - $22.50 per hour plus expenses. Gallagher Bassett, a division of Arthur J. Galagher & Company which' provides the City's excess General and Automobile liability coverage, has been handling the City's claims for two years at $16.50 per hour plus expenses, without charging for data processing. The most recent 12 months' charges were $11,688.47 for 268 claims. 6. A contract be approved with Nueces County Tax Appraisal District to enable City employees hired by the District to remain on the City's payroll and in the City's retirement system with 100% of the costs thereof being paid by the District. Individual contracts have previously been authorized on December 24, 1980 for the Chief Appraiser and 2 secretarial staff. Approximately 25 additional employees will be assigned to the District by September 21, 1981. The contract authorizes the physical transfer of the City's land slips to the District, sale of any surplus tax office furniture to the District, and the provision of building permits and information concerning house or mobile home relocations. The City will continue to be responsible for sick leave and vacation accumulated while a City employee. The District will pay $1.25 per employee per pay period to offset accounting and clerical costs. Mr. George Moff of the Nueces County Tax Appraisal District and former director of the City's Tax Office, explained that this is to protect employees and to assure them that they can retain their status in the retirement system. Mayor Pro Tem Turner inquired about the complications if the City has employees who actually work for another entity, and City Manager Townsend replied that this situation exists in other areas and it has worked out very well. 7. A lease for "Clem's Marina" (formerly "Black's Bait Stand" and then "The Pelican") be renewed for 19 years with Mr. and Mrs. Michael F. Heltzel. The bait stand is located on state owned land on the Kennedy Causeway. The Heltzels have •agreed to construct approximately $40,000 of improvements within three years, and to pay rent of $180 per month beginning in 1982. The rent would be renegotiable every two years, with the City having the right to increase the rent up to 25% at the end of each two year period. The rent is now $90 per month. One-third of the rent is remitted to the School Land Board from whom the City leases the property, and one-fourth is placed in an interest-bearing account for planning and constructing public improvements in the area. 8. Bids be received on August 31, 1981 for the sale of the following surplus City properties: Lot 14, Block 5, Carver Addition No. 2 (44.5' x 92.6'), 3250 Elgin; Lot 16, Block 5, Carver Addition No. 2 (44' x 92.6'), 3242 Elgin. The properties were acquired by the City at Sheriff's delinquent tax sales in 1973 and 1974. Minutes Regular Council Meeting August 12, 1981 Page 8 9. Gaines Street and Eldon Drive storm sewer improvements be accepted and final payment of $12,454.28 be made to Backhoe Lease Service, Inc. This 1977 bond fund project provided 15" through 30" storm sewers along the two streets. Total cost of the completed improvements is $51,395.98. 10. An agreement be authorized with the State Department of Highways and Public Transportation for State construction of the Clarkwood Drainage Ditch from Highway 44 south to Oso Creek. The project was approved in 1967. Construction has been delayed by land acquisition, utility relocation and state financing. The ditch will be excavated in conjunction with Highway 44 improvements. The excavated dirt will be used by the State for embankments along the proposed bypass and future overpasses. Total cost of the project is $3,291,200. The City's share of $166,700 from the Storm Sewer Bond Fund includes riprap along the ditch slopes, drainage inlets and other erosion control measures. Nueces County will provide $453,500 for the same type of improvements outside the City. The State's participation will be $2,671,000. 11. Plans and specifications for construction of Airport Fixed Base Operator Ramps be approved and bids be received on September 9, 1981. The project is divided into a base bid, which includes the proposed Van Dusen ramp (Old Gault) and approximately 300 feet of the proposed Rayburn ramp (formerly Dot) and an alternate, which includes the remaining 255 feet of the Rayburn ramp. FAA has reviewed and approved the plans and specifications. The project is to be financed from a 90% FAA grant ($437,370) and bonds approved in the 1977 Bond Program. 12. The following actions be approved in regard to construction of Crossgate Subdivision: a. An agreement with the developer, Tucker Properties, be authorized for the Developer to pay $150.00 per each of the 311 lots in Crossgate Subdivision as his cost of the off-site sanitary sewer to be extended in South Staples Street. The total participation would be $46,650.00, paid as lots are sold. Future subdivision units filed with the Planning Commission under the name of Club Estates Units 4 and 5 are also covered by the $150 per lot agreement when the lots are developed. b. A revocable easement be granted to construct and maintain a median island with an entrance sign at the entrance street into Crossgate Subdivision. The sign and median would be erected on Gateway Drive at South Staples Street and would be removed in five years when the need to increase intersection capacity is anticipated. 13. An agreement with Tucker Investments, Inc., developer of Crossgate Subdivision be approved for reimbursing the developer $35,787.40 for paving improvements around the 9.75 -acre park in this 68 -acre sub- division. Reimbursement for paving around the park is as provided for in the platting ordinance. The subdivision is located west of South Staples Street and south of Snowgoose Road. City Manager Townsend stated that he would like to withhold items 12 and 13 until after the public hearing on the annexation of Crossgate Subdivision ,which will be conducted later during the meeting. City Manager Townsend stated that the staff will have a recommendation about the master sanitary sewer plan at Staples down Everhart and down Rodd Field Road. He informed the r tes .filar Council Meeting August 12, 1981 Page 9 Council that there are no funds set aside for this purpose, but the staff is attempting to find a source of funds to make this possible. He reminded the Council that this is the agreement that was discussed several months ago. 14 Dr. W. R. Hubler's offer of settlement of a pending lawsuit be accepted. Dr. Hubler sued the City in 1974 to regain possession of property on Ocean Drive which was purchased in 1970 as part of the Open Beach Project. Under the proposed settlement, Dr. Hubler will construct a lift station and certain sewer lines to serve an area bounded by Ennis 7oslin Road, South Padre Island Drive and Cayo del Oso, with the City paying up to $50,000 toward lift station construction and the added cost of oversizing the force main. The City will also provide up to 5,000 cubic yards of landfill material at Dr. Hubler's cost of loading and transporting. Dr. Hubler will release all claims in regard to both the Ocean Drive tract and his Padre Island Drive property. $55,000 was voted in 1967 for a lift station and sewer line for this McArdle Road area. Part of the system has been installed. 15. The recommendation of the Traffic Safety Advisory Board to change * four 2 -hour parking meters on Antelope Street adjacent to the Post Office to 30 -minute maximum and fifteen 10 -hour parking meters on Middle Broadway, between Antelope and Broadway Streets to 2 -hour maximum be approved. The changes are needed to provide more parking turnover for Post Office users. The 30 -minute meters will allow 15 minute parking for 5$ or 30 minutes for 101. The 2 -hour meters will provide 30 minutes for 5$; one hour for 10S; or two hours for 20$. 16. The recommendation of the Traffic Safety Advisory Board be approved changing the following speed zones: (a) Agnes and Laredo Streets - increase the speed limit from 30 to 35 mph between Staples Street and Port Avenue; (b) Saratoga - reduce the speed limit from 55 to 50 mph between Ayers Street and a point 300 feet west of Weber Road; and 50 to 45 mph between a point 300 feet east of Everhart Road to the southeast City Limits line; (c) Rodd Field Road - reduce the speed limit from 50 to 45 mph between Holly Road and a point 125 feet east of Lakeview Drive. The increase in speed limit on Agnes and Laredo Streets is to improve traffic flow. The speed limit reductions on Rodd Field Road and Saratoga are based on increased accident exposure brought about from development and increased traffic volumes. Mayor Pro Tem Turner stated that the Corpus Christi Taxpayers Association had suggested employing an additional parking meter maid and suggested that an additional position be considerd. City Manager Townsend explained to her that the City has decreased the number of meter maids. He explained that the parking meters are not designed to make money, and all income goes into the parking improvement fund. He explained that any changes are designed to improve the parking downtown because this City does not have a policy of making money from the parking meters but only to assure they are properly used. Minutes Regular Council Meeting August 12, 1981 Page 10 * 17. Bids be received at 11:00 A.M., Wednesday, September 2, 1981 for concession rights for 5 years at McGee Beach. 18. A two-year agreement be approved as of September 1, 1981 with the Texas Office of the Governor to provide for confirming the City continuing to be the Metropolitan Planning Organization for the urbanized area to comply with the Federal Aid Highway Act. The City has served as the Metropolitan Planning Organization for six years and receives Federal Transportation planning grants to finance the planning effort. The urbanized area consists of Nueces and San Patricio Counties. 19. The ordinance establishing the Human Relations Commission be amended to delete the words "less than 16 years of age nor" in order to conform with the recent action of the City Council appointing youth members. 20. A contract be awarded to J & M Roofing Company for $12,000.00 to remove and replace the roof on the Meadow Park Recreation Center. Bids for this project were received on August 5, 1981. The proposed work is included in the Community Development Block Grant project. An appropriation of $15,000 will include additional Engineering, legal advertising, and contingency expenses. 21. The Corpus Christi Community Convention Center be accepted and final payment of $694,090.73 be authorized to B -F -W Construction Company. A retainage of $11,920 is recommended to allow for completion of a number of electrical, mechanical and other finishing items. Authority is further requested for the Director of Engineering & Physical Development to release the retainage upon completion of the remaining items. The Convention Center has been substantially complete and in use since March 21, 1981, the date it was dedicated. 22. Emergency repairs to a landfill bulldozer by the authorized dealer, B. D. Holt Company, for an estimated cost of $8,550 be noted. Repairs include overhauling the undercarriage, track rollers, idlers, sprockets, rails and engine repairs. Mayor Jones called for comments from the audience on the City Manager's Reports, and there was no response. Motion by Turner that the City Manager Reports Items 1 through 22, with the exception of items 12 and 13, which had been temporarily withdrawn, and with the exception of item 17, which was withdrawn from consideration, be approved; seconded by Zarsky; and passed unanimously. ********* Mayor Jones announced the public hearing on the following street closing: Closing Dickenson Place on Corpus Christi Beach from Surfside Boulevard to north of Shoreline Boulevard. The request to close this right-of-way is part of the process of replatting all property on both sides of the street proposed to be closed. The closing is recommended but with reservation of an equal width of bay view, open space, and improved pedestrian access. 'ity Manager Townsend withdrew this item from consideration. lutes agular Council Meeting August 12, 1981 Page 11 City Manager Townsend explained that the request is to close this street from the beach to Surfside Boulevard; it is not being used for transmission of uitlities; it has no path of drainage; and the only concern of the staff in closing this street is the problem of retaining open space. He stated that the staff recommends that the street not be closed unless the following conditions • are a part of the closing: the same amount of open space as the street has should be preserved; the developer should not be allowed to block the view of the bay; and access for pedestrians through the property should be provided. Assistant City Manager Lontos added that the developer will replat the property. Mr. Larry Urban, Urban Engineers, spoke on behalf of the developer and explained their plans for the area. He informed the Council that they have filed a plat; the tract is approximately 5 acres; the plat shows a dedication of an additional ten feet on the side of two streets to make both of the streets through the property 50' wide; there will be two 50' wide accesses to the beach; and the project will consist of two buildings with appropriate setback lines in compliance with the Building Code. Mr. Urban presented the proposed plans and explained the open space that they plan. He stated that there will be two 14 -story buildings constructed. City Manager Townsend stated that the staff would agree to any kind of modification if corridors for a view of the Bay and access to the beach are provided. He explained that it is very important for the land behind this area to retain a feeling of open space to the beach. He stated that Dickenson Place is 60' wide and the staff is just requesting the developer to substitute this same 60' somewhere else on the property to provide open space. Mr. Urban pointed out that they are dedicating an additional 20' of ROW and inquired if they could take credit for that in the open space requirement. Mayor Jones inquired if the developer could present a plat with all of the requirements mentioned by the staff. City Manager Gulley agreed that the City should require open space but not necessarily exactly 60'. Mayor Jones stated that he felt that the Council has a responsibility to assure the public that open space is provided. Minutes Regular Council Meeting August 12, 1981 Page 12 Council Member Dumphy pointed out that at this time, both tracts could be developed; a 16 -story building could be built and reminded the Council that City Manager Townsend at one time reommended closing some of these streets on the beach. He questioned the requirement for open space for the public. City Manager Townsend explained that the open space is recommended because of the land behind this property which could become a vital part of the Corpus Christi Beach Development, but if there is no access to the beach, the land would become almost useless. Council Member Zarsky agreed that the Council must consider the rights of the property owners to the west of Surfside Boulevard and the circumstances that will affect the City. He pointed out that if the street is closed, that street area should remain open, and he feels that the owners could develop the land to retain the view of the bay. He referred to the plans and pointed out that the layout on the plans would obstruct the view of the water because of the way the buildings are placed. He expressed the opinion that the architect could design this so the open space could be provided. City Manager Townsend stated that if the developer does, in fact, improve the other streets in the area, access would be provided, but the Council should specify that 60' of space parallel to Surfside, Bushnell, etc. should remain open. Mr. Urban stated that they would recommend that a sidewalk be constructed in the 10' area being dedicated with the exception of lot 69, which the developer does not own, and this would provide pedestrian access to the beach. Council Member Gulley suggested that the developer be given credit for the 10' space on each end of the tract that they plan to dedicate. Council Member Zarsky concurred since they are dedicating the additional 10' on the side street because this would be an improvement. He recommended that a 40' wide corridor in the center of the tract be retained for the open space. Mr. Dorsey, representing the owners/developers, stated that they have worked for a very long time on this project, and the corridor, regardless of the number of feet, would be provided, but they do not want to return to the Council for approval of plans because the project has already been delayed. 'lutes agular Council Meeting August 12, 1981 Page 13 He stated that they would agree to match the 60' that would be lost by the closing of the street but requested that they not be required to donate land down the middle. He objected to the restriction that required a corridor down the center tract. City Manager Townsend reminded the Council that the reason for this hearing is that the street is owned by the public and it is important to other property owners. Mr. Clifford Cosgrove spoke in regard to this street closing and informed the Council that he had attempted to purchase a piece of land on the beach and the price was $10,000 an acre. He pointed out that the City will give away 40' of very valuable land if the street is closed and suggested that the developer pay for the land acquired if the street is closed. No one else spoke in regard to this matter. Motion by Gulley that the hearing be closed; seconded by Dumphy and passed unanimously. Motion by Gulley that open space be required somewhere on the property and that the developer be given credit for the two 10' dedications of ROW and that a total of 40' elsewhere on the property be dedicated for open space. Council Member Zarsky expressed the opinion that it would be more advisable to keep that 40' corridor together rather than have it split up. He suggested that Mr. Gulley's motion be amended to specify that the corridor must be 40' wide, and Council Member Gulley concurred with this amendment to his motion. City Manager Townsend inquired if that was meant to be measured parallel to Surfside and Bushnell and Council Members Zarsky and Gulley agreed. The motion was seconded by Council Member Dumphy. Mayor Pro Tem Turner disqualified herself from the discussion or voting on this street closing because of a conflict of interest. The motion passed by the six votes of the remaining members of the Council. ********* Mayor Jones announced the public hearing on the following matter: Contractual annexation of Crossgate Subdivision. The subdivision consists of 67.99 acres and is located south of Saratoga Boulevard between South Staples and Club Estate Subdivisions. The owners have agreed to construct a bridge, dedicate a future park of 9.75 acres, and comply with all provisions of the platting ordinance. A separate contract has been previously discussed regarding sanitary sewer service. This contract is still being negotiated. Minutes Regular Council Meeting August 12, 1981 Page 14 City Manager Townsend explained that the contract for the annexation contains certain requirements such as the construction of a bridge across the drainage way, the decision of a future park of 9.75 acres, compliance with all provisions of the platting ordinance, and the City has agreed to provide sanitary sewer service. Council Member Zarsky inquired as to why so much park dedication is required when usually only 5 acres has to be dedicated. Mr. Lontos stated that the tract consists of 202 acres for all three subdivisions, and this is the park requirement for the entire acreage. Mr. Gene Urban, representative of the developer, stated that they are agreeable to the contract. City Manager Townsend informed the Council that problems exist with the sewer service and he would like to recommend that the sewer contract be executed before the annexation is completed. He reminded the Council that the City Manager's Reports items 12 and 13 should be considered only if the annexation is approved. Mr. Urban informed the Council that they are working on the solution to the sewer problem and have a meeting scheduled with Mr. Lontos and Mr. Gerald Smith, Acting Director of Engineering & Physical Development, the following day. No one else spoke in regard to this annexation. Motion by Turner that the hearing be closed; seconded by Zarsky and passed unanimously. Motion by Turner to approve the contractual annexation of Crossgate Subdivision, seconded by Zarsky and passed unanimously. ********* City Manager Townsend then presented for the Council's considerations items 12 and 13 from the City Manager's Reports. Motion by Dumphy that those two items be approved, seconded by Gulley and passed unanimously. lutes egular Council Meeting August 12, 1981 Page 15 ********* Mayor Jones announced the public hearing , on the following street closing : Closing 5 feet of right-of-way on both sides of Timbergrove Lane from Violet Road near White Oak Lane. The right-of-way is 60'. The street is under construction under the voluntary paving program and is being built to residential standards which makes it possible to close portions of Timbergrove Lane to increase the depth of abutting lots. City Manager Townsend explained the reason for this street ROW closing and informed the Council that the street had been platted as a 60' street whereas only a 50' street is required. No one spoke in regard to this matter. Motion by Turner that the hearing be closed; seconded by Dumphy and passed unanimously. Motion by Turner that the closing of a 5' of right-of-way on both sides of Timbergrove Lane from Violet Road near White Oak Lane be approved; seconded by Dumphy; and passed unanimously. ********* Motion by Dumphy that the Regular Council Meeting be recessed at 5:13 p.m. in order to convene the Special Council Meeting; seconded by Zarsky; and passed unanimously. ********* Mayor Jones reconvened the Regular Council Meeting at 6:55 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, AS AMENDED, BY AMENDING CHAPTER 57, VEHICLES FOR HIRE ARTICLE III, AIRPORT LIMOUSINE SERVICE SECTION 57-152, ZONES AND FARES, AND AMENDING THE ORDINANCE NO. 13130, WHICH AUTHORIZED FRANCHISE WITH THE AIRPORT LIMOUSINE SERVICE, AS AMENDED, SO AS TO PROVIDE A NEW SCHEDULE OF FARES FOR ZONES 1 THROUGH 4; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. 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 August 12, 1981 Page 16 FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MICHAEL F. HELTZEL AND CARROL A. HELTZEL dba CLEM'S MARINA CONCERNING USE OF TRACT 1 OF THE COASTAL PUBLIC LANDS, BEING SITUATED AT THE INTRACOASTAL CANAL CROSSING ON THE PADRE ISLAND CAUSEWAY FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS AND RELATED SERVICES TO FURTHER PUBLIC RECREATION, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "An 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: AMENDING THE CORPUS CHRISTI CITY CODE, SECTION 53-257, SCHEDULE VIII. PARKING METER ZONES ESTABLISHED,BY DELETING FROM SUBSECTION (a) METER ZONE NO. 1 ITEM (10) WHICH PROVIDES FOR MAXIMUM PARKING OF TEN HOURS ON MIDDLE BROADWAY FROM ANTELOPE STREET TO BUFFALO STREET AND TRANSFERRING THE ITEM TO SUBSECTION (b) METER ZONE NO. 2 WHICH PROVIDES FOR PARKING FROM 30 MINUTES FOR FIVE CENTS UP TO TWO HOURS FOR TWENTY CENTS OR ONE QUARTER COIN; AMENDING SUBSECTION (e) OF METER ZONE NO. 5, ITEM (4) TO PROVIDE FOR MAXIMUM PARKING OF THIRTY MINUTES ON THE NORTH SIDE OF ANTELOPE STREET, THE EAST ONE-HALF OF THE BLOCK FROM NORTH UPPER BROADWAY TO NORTH CARANCAHUA STREET; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. 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: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION AS AMENDED, BY AMENDING SECTION 53-254, SCHEDULE V, INCREASE OF STAE SPEED LIMIT IN CERTAIN ZONES, SO AS TO DELETE THE PRESENT PROVISIONS UNDER SARATOGA BOULEVARD (S.H. 357) AND IN LIEU THEREOF ADDING PROVISIONS FOR A SPEED LIMIT OF 50 MILES PER HOUR AT ALL TIMES FROM AYERS STREET (S.H. 286) TO A POINT 300 FEET WEST OF WEBER ROAD (F.M. 43); TO 45 MILES PER HOUR FROM A POINT 300 FEET WEST OF WEBER ROAD TO A POINT 187 FEET EAST OF STAPLES STREET (CITY LIMITS LINE); NAD BY DELETING THE PRESENT PROVISIONS UNDER RODD FIELD ROAD (S.H. 357) AND IN LIEU THEREOF ADDING PROVISIONS FOR A SPEED LIMIT OF 45 MILES PER HOUR FROM HOLLY ROAD TO S. PADRE ISLAND DRIVE (S.H. 358); REPEALING ALL ORDINANCES IN CONFLICT HEREITH; AND PROVIDING FOR PUBLICATION. 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: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, SO AS TO DELETE REFERENCES TO PORTIONS OF AGNES STREET (S.H. 44) AND IN LIEU THEREOF ADDING PROVISIONS FOR A SPEED LIMIT OF 35 MILES PER HOUR AT ALL TIMES FROM THE MIDTOWN TRAFFIC EXCHANGE TO A POINT 550 FEET WEST OF BALDWIN BOULEVARD; NAD TO DELETE THE PRESENT PROVISIONS UNDER LAREDO STREET AND IN LIEU THEREOF ADDING PROVISIONS FOR A SPEED LIMIT OF 35 MILES PER HOUR AT ALL TIMES FROM THE MIDTOWN EXCHANGE TO ITS JUNCTION WITH AGNES STREET; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR ',ICATION. utes 3ular Council Meeting august 12, 1981 Page 17 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: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND ALLIED DEVELOPMENT COMPANY, A TRUE COPY OF SAID CONTRACT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND INCLUDING EXHIBITS THERETO AS THOUGH FULLY SET FORTH HEREIN, AFTER DUE NOTICE AND HEARING, FOR THE ANNEXATION OF A 45.17 ACRE TRACT OF LAND, MORE OR LESS, OUT OF THE MARIANO LOPEZ DE HERRERA GRANT, ABSTRACT NO. 606, AND DESCRIBED IN DEED RECORDED IN VOL. 272, PAGE 166, DEED RECORDS OF NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. (First Reading - 8/5/81) 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: ANNEXING A 45.17 -ACRE TRACT, MORE OR LESS, OUT OF THE MARIANO LOPEZ DE HERRERA GRANT, ABSTRACT NO. 606, AND BEING DESCRIBED IN DEED OF RECORD IN VOLUME 272, PAGE 166, DEED RECORDS OF NUECES COUNTY, TEXAS MORE PARTICULARLY DESCRIBED HEREINAFTER, SITUATED IN NUECES COUNTY, TEXAS, PURSUANT TO ARTICLE 970a, V.A.C.S, TEXAS, AS AMENDED, AND CITY CHARTER, ARTICLE 1, SECTION 2(b); PROVIDING FOR SEVERABILITY. (First Reading -8/5/81) 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 SUPPLEMENTAL AGREEMENT NO. 1 WITH THE UNITED STATES GOVERNMENT, FEDERAL AVIATION ADMINISTRATION, FOR LEASE NO. DOT-FA78FW-1073 FOR INSTALLATION OF A LOCALIZER ANTENNA, LOCALIZER EQUIPMENT AND SHELTER BUILDING, LOCALIZER CABLES, A VEHICLE TURNAROUND ACCESS PLOT, ALL LOCATED ON CORPUS CHRISTI INTERNATIONAL AIRPORT IN THE APPROACH TO RUNWAY 31, FOR A TERM BEGINNING JULY 6, 1981, RENEW- ABLE AT THE OPTION OF THE GOVERNMENT ON A YEAR-TO-YEAR BASIS, BUT NOT EXTENDING BEYOND SEPTEMBER 30, 1988, ALL AS MORE FULLY DESCRIBED IN SUPPLEMENTAL AGREEMENT NO. 1 AND EXHIBIT "A", A SUBSTANTIAL COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF. (First Reading - 8/5/81) 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 WITH UNICORN VENTURES OF HOUSTON FOR SEVERAL ELECTRONIC GAMES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT AS MORE FULLY SET FORTH IN THE CONTRACT FOR LEASE OF EQUIPMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A". (First Reading -8/5/81) Minutes Regular Council Meeting August 12, 1981 Page 18 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: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING ARTICLE III, MARINA, SECTION 12-61, RATES AND RENTAL FEES FOR USE OF SLIPS AND DOCK SPACE SCHEDULE AND REGULATIONS BY ADDING A RATE FOR COMMERCIAL FISHING BOATS AT A RATE OF $.07 PER SQUARE FEET STANDARD RATE; AND REPEALING SUBPARAGRAPH "H" AS TO THE MONTHLY RATES FOR CHARTER BOAT SLIPS; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. (First Reading - 8/5/81) 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: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRIST, 1976 REVISION, AS AMENDED, BY AMENDING ARTICLE II, MARINA, 13Y ADDING A NEW PARAGRAPH SECTION 12-80 SLIP WAITING LIST PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. (First Reading - 8/5/81) 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: AMENDING ORDINANCE NO.14936, THE AID AMBULANCE SERVICE RATE ORDINANCE, AS AMENDED BY ORDINANCE NOS. 15886 AND 16069, SO AS TO AMEND SECTION 1 (A) TO PROVIDE FOR AN INCREASE IN BASE RATES; AMENDING SECTION 1 (B) BY ADDING A SUBPARAGRAPH 5 TO PROVIDE FOR CHARGE FOR WAITING TIME; PROVIDING AN EFFECTIVE DATE. (First Reading - 8/5/81) The foregoing ordinance was read for the second tine and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT OF LEASE AGREEMENT WITH CORPUS CHRISTI BANK AND TRUST COMPANY TRUSTEE AND CHAPARRAL AVIATION INC., AS APPROVED BY ORDINANCE NO. 15041 OF AUGUST 8, 1979, AMENDING SUCH LEASE TO ADD 87,500 SQUARE FEET OF UNIMPROVED AREA FOR HANGAR CONSTRUCTION AND AIRCRAFT PARKING ACCORDING TO ATTACHED COPY OF SUCH LEASE AMENDMENT AND DIAGRAM MARKED EXHIBIT "2". (First Reading - 7/29/81, Second Reading - 8/5/81) 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". rtes ,u1ar Council Meeting August 12, 1981 Page 19 THIRD READING - ORDINANCE NO. 16446: MAKING FINDINGS OF FACT; AMENDING SECTION 55-50 OF THE CITY CODE OF ORDINANCES, 1976 REVISIONS AS AMENDED BY ORDINANCE NO. 14140, PASSED AND APPROVED JANUARY 25, 1978, BY AMENDING CERTAIN SCHEDULES THEREIN SO AS TO INCREASE THE WATER RATES TO PROVIDE AN OVERALL INCREASE FOR CUSTOMERS USING TREATED WATER, INCLUDING MINIMUM CHARGES, AS MORE FULLY SET FORTH HEREINAFTER; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING PUBLICATION. (First Reading - 7/29/81, Second Reading - 8/5/81) 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. 16447: AMENDING THE CORPUS CHRISTI CITY CODE, 1976 REVISION, AS AMENDED, BY ADDING A NEW SUBSECTION (9) TO SECTION 55-70 TO PROVIDE FOR AN INCREASE IN WATER TAPS FEES FOR TAPS IN STREETS AND EASEMENTS INSIDE AND OUTSIDE OF THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. (First Reading - 7/29/81, Second Reading - 8/5/81) 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. 16448: AMENDING SECTION 55-100 OF THE CODE OF ORDINANCES CITY OF CORPUS CHRISTI. 1976 REVISION, SO AS TO PROVIDE CERTAIN INCREASES IN WASTEWATER RATES; AMENDING SECTION 55-143, SUBSECTION (B), SO AS TO PROVIDE FOR AN INCREASE IN THE ABNORMAL SEWAGE SURCHARGE; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE: PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. (First Reading -7/29/81, Second Reading - 8/5/81) 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. 16449: AMENDING SECTION 55-71 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION BY AMENDING THE CHARGES FOR SEWER TAP FEES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR PUBLICATION. (First Reading - 7/29/81, Second Reading - 8/5/81) 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. 16450: AMENDING SECTIONS 21-18, 21-19, 21-20, AND 21-21.1 OF THE CORPUS CHRISTI CITY CODE, 1976, BY AMENDING THE CHARGES FOR SERVICE FOR GARBAGE COLLECTION TO PROVIDE FOR AN INCREASE EFFECTIVE WITH THE BILLINGS OF CYCLE ONE FOR THE MONTH OF AUGUST 1, 1981, PROVIDING A SEVERANCE CLAUSE. (First Reading -7/29,81, Second Reading - 8/5/81) 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" Minutes Regular Council Meeting August 12, 1981 Page 20 THIRD READING - ORDINANCE NO. 16451: AMENDING THE CODE OF ORDINANCE, CITY OF CORPUS CHRISTI, TEXAS VOLUME II, CHAPTER 55, UTILITIES, ARTICLE IV, GAS RATES AND CHARGES, SECTION 55-61 CLASSIFICATION OF CUSTOMERS AND SCHEDULES OF RATES, AS SET FORTH IN ORDINANCE NO. 15950, AS AMENDED, SO AS TO CHANGE THE SCHEDULE OF GAS RATES FOR ALL CUSTOMERS OF THE CITY -OWNED GAS DISTRIBUTION SYSTEM BY PROVIDING A NEW SCHEDULE OF RATES FOR ALL GAS CUSTOMERS; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR PUBLICATION. (First Reading - 7/29/81, Second Reading - 8/5/81) THIRD READING - ORDINANCE NO. 16452: AMENDING SECTION 55-63 OF THE CODE OF ORDINANCES OF CORPUS CHRISTI, 1976, AS ADOPTED BY ORDINANCE NO. 13415, PASSED AND APPROVED BY THE CITY COUNCIL ON SEPTEMBER 22, 1976, SO AS TO INCREASE THE CHARGE FOR SERVICE REQUESTED BY CUSTOMERS FOR LIGHTING AND ADJUSTING OR TURNING OFF ONE OR MORE NATURAL GAS APPLIANCES, AND CONVERSION OF BURNER ORIFICES FOR NATURAL GAS AT RESIDENTIAL, APARTMENT, OR MOBILE HOME ADDRESSES EXCEPT FOR THOSE HEADS OF HOUSEHOLDS 65 YEARS OF AGE OR ABOVE OR THE RECI- PIENTS OF SOCIAL SECURITY DISABILITY PAYMENTS EXEMPTED BY THE DEPARTMENT OF PUBLIC UTILITIES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. (First Reading -7/29/81, Second Reading - 8/5/81) 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. 16453: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TEXAS, VOLUME II, CHAPTER 55, ARTICLE V, UTILITY TAPS AND CONNECTIONS SECTION 5A AND 5B, AS SET FORTH IN ORDINANCE NO. 10083, SO AS TO CHANGE THE FEE FOR METER MOVES, BOTH INSIDE AND OUTSIDE THE CITY LIMITS; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERANCE CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION. (First Reading - 7/29/81, Second Reading - 8/5/81) 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. 16454: AMENDING SECTION 21-46 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, SO AS TO PROVIDE AN INCREASE IN THE FEES FOR SOLID WASTE PERMITS; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. (First Reading - 7/29/81, Second Reading -8/5/81) 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. 16455: AMENDING SECTION 17-12 OF THE CORPUS CHRISTI CODE REQUIRING WRITTEN NOTICE OF DAMAGES SO AS TO DELETE THE REQUIREMENT THAT THE WRITTEN NOTICE BE DULY VERIFIED BY AFFIDAVIT. (First Reading - 7/29/81, Second Reading - 8/5/81) des Aar Council Meeting t,ugust 12, 1981 Page 21 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. 16445: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH THE CORPUS CHRISTI BANK AND TRUST IN ACCORDANCE WITH ARTICLE IX, SECTION 29, OF THE CITY CHARTER FOR THE LEASING OF CERTAIN AERIAL PREMISES, ALL AS MORE FULLY SET FORTH IN THE LEASE, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. (First Reading - 7/27/81, Second Reading - 8/5/81) 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. 16456: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, BY AMENDING SECTION 22-4 DESIGN STANDARDS, BY AMENDING SUBSECTIONS 22-4.01, 22-4.02, 22-4.03, 22-4.04, 22-4.05, 22-4.06, 22-4.07, AND 22-4.08, RELATING TO OFF-STREET PARKING, ALL AS MORE FULLY 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 passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye. ORDINANCE NO. 16457: AMENDING THE SANITARY SEWER MASTER PLAN FOR THE FLOUR BLUFF AREA DATED SEPTEMBER, 1965, BY MOVING THE DIVIDE BETWEEN SUB -AREAS 8-B-1 AND 2-B-1 WESTERLY APPROXIMATELY 660 FEET BETWEEN GLENOAK DRIVE AND CARIBBEAN DRIVE, PROVIDING FOR ADDING THE 40 -ACRE AREA HEREBY PROPOSED TO BE MOVED, PLUS 20 ACRES FROM SUB -AREA 8-B-1 INTO THE' GLENOAK DRIVE TRUNK SEWER, ALL AS APPEARS ON SHEET 58 OF SAID PLAN AND AS ILLUSTRATED ON EXHIBIT "A" ATTACHED HERETO 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. 16458: CONFIRMING THE APPOINTMENT OF JAMES PETERS TO THE POSITION OF ASSISTANT DIRECTOR OF PUBLIC UTILITIES BY THE CITY MANAGER, PURSUANT TO CITY CHARTER ARTICLE III, SECTION 3; 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. 16459: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GALLAGHER BASSETT INSURANCE SERVICES, A DIVISION OF ARTHUR J. GALLAGHER & COMPANY, BETWEEN AUGUST 30, 1981, ON A FLAT FEE BASIS; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting August 12, 1981 Page 22 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. 16460: AUTHORIZING EXECUTION OF A CONTRACT WITH THE NUECES COUNTY TAX APPRAISAL DISTRICT TO ENABLE CITY EMPLOYEES HIRED BY THE DISTRICT TO REMAIN ON THE CITY'S PAYROLL AND RETIREMENT SYSTEM WITH 100% OF THE COSTS THEREBY BEING PAID BY THE DISTRICT, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO.16461: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, PROVIDING FOR CITY PARTICIPATION IN THE CONSTRUCTION OF THE CLARKWOOD DRAINAGE DITCH, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $166,700 OUT OF THE NO. 295 STORM SEWER BOND FUND, APPLICABLE TO PROJECT NO. 295-67-46, CLARKWOOD DITCH, HIGHWAY 44 TO OSO CREEK, PAYABLE TO THE TEXAS STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927; 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. 16462: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TUCKER PROPERTIES PROVIDING FOR PAYMENT BY THE DEVELOPER TO THE CITY TO FUND SANITARY SEWER FACILITIES AND THEIR EXTENSIONS INTO THE CLUB ESTATES UNITS 4, 5 AND 6 AREAS AND CROSSGATE SUBDIVISION (FORMERLY CLUB ESTATES NO. 6) AND FOR FUTURE CLUB ESTATES OR CROSSGATE SUBDIVISION UNITS, SAID PAYMENT TO BE USED TO FUND FUTURE SANITARY SEWER PLAN, AND PROVIDING FOR INTERIM LIFT STATION AND FORCE MAIN, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16463: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TUCKER INVESTMENTS, INC., DEVELOPER OF CLUB ESTATES, UNIT 6, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER FOR COST OF CONSTRUCTION OF STREET IMPROVEMENTS AROUND THE DEDICATED PARK WHICH IS BOUND BY RIVERGATE DRIVE AND CROSS VALLY DRIVE, IN CROSSGATE SUBDIVISION, ALL AS MORE FULLY SET FORTH IN THE AGREE- MENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $35,787.40 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S SHARE OF CONSTRUCTION COST APPLICABLE TO PROJECT NO. 220-77-53, CROSSGATE SUBDIVISION; AND DECLARING AN EMERGENCY. tes • ,alar Council Meeting August 12, 1981 Page 23 ORDINANCE NO. 16463: AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT, GRANTING TUCKER PROPERTIES, DEVELOPERS OF CROSSGATE SUBDIVISION, PERMISSION TO CONSTRUCT AND MAINTAIN A MEDIAN ISLAND AND ENTRANCE SIGN IN GATEWAY DRIVE AT SOUTH STAPLES STREET, PROVIDING FOR MAINTENANCE OF THE SAME, AND PROVIDING FOR THE ISLAND AND SIGN TO BE REMOVED IN FIVE YEARS, A SUBSTANTIAL COPY OF WHICH REVOCABLE EASEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. ORDINANCE NO. 16465: AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT WITH DR. W. R. HUBLER, SR. ARISING OUT OF CAUSE NUMBER 74-3977-E, ENTITLED W. R. HUBLER VS. CITY OF CORPUS CHRISTI, 148TH DISTRICT COURT, NUECES COUNTY, TEXAS, TO REQUIRE DR. HUBLER TO CONSTRUCT A LIFT STATION AND CERTAIN SEWER LINES TO SERVE THE AREA BOUNDED BY ENNIS JOSLIN ROAD, SOUTH PADRE ISLAND DRIVE AND THE CAYO DEL OSO, WITH THE CITY CONTRIBUTING UP TO $50,000TOWARD CONSTRUCTION AND PAYING FOR THE DIFFERENCE IN THE COST ATTRIBUTABLE TO OVERSIZING THE FORCE MAIN; AND FURTHER PROVIDING THE CITY MAKE UP TO 5,000 CUBIC YARDS OF LANDFILL MATERIAL AVAILABLE, WITH LOADING AND TRANSPORTATION AT DR. HUBLER'S EXPENSE; AND PROVIDING FOR DISMISSAL OF SAID LAWSUIT AND RELEASE OF ALL CLAIMS IN CONNECTION WITH HIS FORMER OCEAN DRIVE PROPERTY AND HIS PRESENT SOUTH PADRE ISLAND DRIVE PROPERTY; ALL AS MORE SPECIFICALLY SET FORTH IN THE SETTLEMENT AGREEMENT A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "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. 16466: AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A TWO-YEAR AGREEMENT, EFFECTIVE SEPTEMBER 1, 1981, WITH THE TEXAS OFFICE OF THE GOVERNOR TO PROVIDE FOR RECONFIRMATION OF THE CITY OF CORPUS CHRISTI AS THE METROPOLITAN PLANNING ORGANIZATION FOR THE CORPUS CHRISTI URBANIZED AREA AND TO COMPLY WITH THE FEDERAL -AID HIGHWAY ACT OF 1973, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT IN SUBSTANTIALLY THE FORM 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. 16467: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 24-2 SO AS TO HEREAFTER PROVIDE THAT THE THREE YOUTH MEMBERS OF THE HUMAN RELATIONS COMMISSION MUST NOT BE MORE THAN 20 YEARS OF AGE; 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 August 12, 1981 Page 24 ORDINANCE NO. 16468: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH J & M ROOFING COMPANY FOR REMOVAL AND REPLACEMENT OF THE ROOF AT THE MEADOW PARK RECREATION CENTER; APPROPRIATING $15,000 OUT OF THE NO. 162 FEDERAL/STATES GRANT FUND; DEPARTMENT 152, ACTIVITY 807.04 CODE 502, SIXTH YEAR COMMUNITY DEVELOPMENT GRANT OF WHICH $12,000 IS FOR THE CONSTRUCTION CONTRACT AND $3,000 IS FOR ADDITIONAL ENGINEERING, LEGAL ADVERTISING, AND CONTINGENCY EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and following vote: Jones, Turner, Dumphy voting, "Aye". Mayor Jones called for petitions matters not scheduled on the agenda. Mr. Clay Moore, owner of the the foregoing ordinance passed by the , Gulley, Hawkins, Kennedy and Zarsky or information from the audience on Auction Arena, stated that he was addressing the Council in regard to the Multi -Cultural Center. He related an incident that occurred in connection with the Multi -Cultural Center at the time it was first conceived. At that time, he stated that he had suggested that the center be located at or near the Corpus Christi Museum. Mayor Jones explained to Mr. Moore that this was a decision the Council will have to make and it was their understanding that the Multi -Cultural Center was planned to be located in the Bayfront Plaza. Mr. Clifford Cosgrove stated that he has a problem at his residence at 3302 Olson. He stated that he does not have cable television but even though he does not have it, he is experiencing interference with reception on his television set. He urged that if Athena Cablevision does not respond to service calls, they should not have their franchise. City Manager Townsend agreed that there are problems and the City plans to start recommending that fines be levied against the Company if their service is not improved. He stated that the City received 46 complaints last week. Mr. Rick Mertz, Administrative Assistant in the City Manager's Office, explained that there had been many complaints about Athena Cablevision. He indicated that this was understandable when they did not have a franchise, but after their franchise was approved, the City was of the opinion that the service Should be improved. He explained that the basic problems that citizens are experiencing in their dealings with the Company are: 1) the Company cannot be reached by telephone; 2) appointments for service are made but the lutes gular Council Meeting August 12, 1981 Page 25 servicemen do not arrive at the appointed time; and 3) there are some distortions of reception with television in certain areas. He explained, however, that the Company has received bids for an entirely new telephone system which is due to be installed the weekend of August 22, 1981. City Manager Townsend referred to the information presented to the Council in regard to the appeal of Mr. J. O. Contreras, Plant Operator II, Wastewater Division, from an indefinite suspension approved by the Civil Service Board on June 1, 1981. Motion by Dumphy that this appeal be considered next week, seconded by Hawkins 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 6:20 p.m., August 12, 1981.