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HomeMy WebLinkAboutMinutes City Council - 08/19/1981MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 19, 1981 2:35 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy * Bob Gulley Herbert L. Hawkins 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 Council Member Charles W. Kennedy in the absence of the invited minister. The Pledge of Allegiance to the Flag of the United States was led by Council Member Cliff Zarsky. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones announced the issuance of a proclamation declaring August 20, 1981 as "DR. VICTOR C. CALMA DAY". He stated that the presentation will be made at Memorial Medical Center, Thursday, at 11:00 a.m. if any of the Council Members wished to be present. ********* Mayor Jones 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 at 11:00 a.m., Tuesday, September 8, 1981 for one replacement 40 ton Dragline Crane for the Street Divisin. This purchase is part of the 1981-82 Revenue Sharing Budget. 2. Bids be received at 11:00 a.m., Tuesday, September 8, 1981 for one Integral Wheel Loader/Backhoe with a variable digging depth of 14' to 18' for the Gas Division. INGRQE'LMED SEP 191984 Minutes Regular Council Meeting August 19, 1981 Page 2 3. Bids be received at 11:00 a.m., Tuesday, September' 8, 1981 for maintenance services for two passenger elevators, one freight elevator and two escalators at the convention Center. The contract period will extend through February 1, 1983 so as to run concurrently with other City elevator maintenance contracts. 4. Twelve months supply of General Electric radio repair parts be purchased from General Electric Company, Lynchburg, Va. on the basis of the only bid received of 25% off list price. Although the percentage discount has remained the same, the City's cost has increased approximately 7% since last year. The estimated annual expenditure is $45,000. Only one bid was received. 5. A twelve month hourly contract for Journeyman Electrician service for Maintenance Service for city facilities be awarded to the low bidder, Amber Electric Company Corpus Christi, for $20.75 per hour with an estimated annual expenditure of $15,000, on the basis of low bid. Last year's contract was at $20.50 per hour. Five bids were received. Electrician services are used as a back-up and for emergencies in conjunction with two Maintenance Services' electrician positions. 6. Twelve month supply of drill bits, caulking and flanging tools for the Water Division be awarded to McAllen Pipe & Supply Company, Corpus Christi for $8,295.26. The apparent low bid of Trans Tex Supply Cmpany, San Antonio of $8,044.21 is not recommended because of an escalating price increase of 8% to 15% in December, 1981 to the consumer whereas McAllen Pipe & Supply has submitted a firm bid. Three bids were received with an approximate 37% increase since the last contract in July, 1979. 7. A twelve month supply of liquid chlorine in 55 ton tank cars for the Water Division be awarded to Amerigas, Inc. Corpus Christi at $119.85 per ton delivered for an estimated total of $50,282.85, including demurrage. Chlorine is used in the Stevens Plant for water treatment. It is fed directly into the plant from tank cars, which are normally retained beyond the intital 30 day period. Total estimated cost is based on the number of days demurrage paid last year. Three bids were received. The price reflects a 15% decrease since the last contract renewal in August, 1980. 8. 200 tons of RipRap Stone be purchased for use by the Water Division for river bank flood plain protection at Wesley Seale Dam from the Austin Crushed Stone Company, Austin for $7,396.00. Only one bid was received. The last such purchase was made in 1975. 9. Automotive Shop Tools and Equipment for Transit be purchased based on low bids: a. Sears Contract Sales, San Antonio Three 4" bench vises, Three 5" bench vises: $ 1,114.71 Two sanders; an air drill; metal nibbler Tap & die set; cylinder hone; chain saw; set of metal cutting shears b. Baker Enterprises, Corpus Christi $27,544.50 1" drill press; two 7" bench grinders; wheel bearing packer; valve grinder; engine stand; two vises; lathe; tire spreader; two floor cranes; thread chaser; bench press; 10 ton jack; 30 ton jack; wheel dolly; air chisel drill bit sets; two micrometer sets; 10" bench lathe; pipe extractor; drill press. utes jular Council Meeting tiugust 19, 1981 Page 3 c. C -D Electric Motor Company, Corpus Christi $ 3,309.03 Metal band saw; six work benches; four 10 ton safety strands; hole saw kit; thread restoring kit; 3/4" socket set; shop foreman desk d. Nueces Equipment Company, Corpus Christi $ 4,604.40 10" bench grinder and jib crane $36,572.64 Five bids were received. Bids were not received on a heavy duty floor press, parts cleaner, tire machine and volt amp tester. These are the last items to be purchased from the 1975 capital assistance grant from the Urban Mass Transportation. The equipment will be paid for 80% by the Federal Government; 13% by the State; and 7% by the City. The additional and replacement equipment will improve maintenance operations and reduce costs, service calls and outside repairs. 10. The Automatic Security Gate Project at the Airport be accepted and total payment of $25,000 be made to Texas Fence and Supply Company. The sliding security gates, operated by loop detectors in the pavement, have been installed at the Tower Building, Van Dusen Aviation, Reyburn Helicopter, and Chaparral Aviation as an FAA security project. The contractor exceeded the allotted 20 day working time by 10 days, but all 10 days were charged after the gates were in operation while the contractor provided the extra service of installing manual keys in the controllers. A ten day time extension is recommended. 11. Bill Witt Park Hangar Roof Repairs be accepted and total payment of $21,996.16 be authorized to L & M Metal Fabricators, Inc. The work involved installation of metal flashing and roof gutters, replacing wooddecking, and constructing a built-up roof system for the 40 year old hangar building. The roof was damaged by Hurricane Allen. Reconstruction was 75% funded by the Federal Emergency Management Administration. * Council Member Bob Gulley arrived at the meeting at 2:43 p.m. ** 12. The Cole Park Fishing Pier Reconstruction be accepted and final payment of $40,080.38 be authorized to the Goldston Corporation. The total project cost is $205,288.38. This Hurricane Allen repair consisted of replacing the T -section, everal deck sections and handrails and restoring electrical and water systems on the pier. Due to a delay in obtaining light fixtures, the contractor exceeded the allotted working time of 70 working days by 6 days. A six day extension is recommended. 13. An agreement be approved with WBC Holdings, developer of Brighton Village Subdivision for the City to reimburse the developer $29,247.63 for one half the cost of the street which abuts the 4.7 acre dedicated park in the subdivision. Brighton Village is located at the intersection of Saratoga Boulevard and Sarline Drive. The park is bounded by Barclay and Brockhampton Streets. Payment will be made after annexation proceedings and street construction have been completed. ** City Manager Townsend withdrew this item from consideration. Minutes Regular Council Meeting August 19, 1981 Page 4 14. A contract be awarded to W. H. Thomas Company, Corpus Christi for $429,002 for construction of the Northwest Library on McKenzie Road between Leopard and I.H. 37. The contract award included the base bid for a one story stucco and glas structure containing approximately 6,700 square feet; the 8" sewer line, and four alternates: (1) automatic entrance doors; (2) flag poles; (3) under -ground sprinkler system; and (4) plastic faced doors, but the Staff will make a further recommendation on the four alternates. The project was included in the 1977 bond election. City Manager Townsend presented copies of the bid tabulation sheet on this project and noted that the Henry Brooks Corporation bid was an unresponsive bid in that they did not bid one of the alternates that was required. He stated that the Staff recommends the inclusion of all the alternates; the library personnel do not want the flag poles; the rest of the staff feels that they are needed; the architect recommends award of all of the alternates; but the staff may change some of the alternates and a further recommendation will be presented at a later date.' 15. An agreement be approved with Mr. Art Lynn, developer of Lot 3, Block 16D, Lokey Subdivision, allowing Mr. Lynn to use a 4 -inch plastic pipe laid from Lot 3 to South Staples Street across right-of-way provided by the owner of Lot 2, Currie's Inc., for a temporary sanitary sewer main until such time as a public main is available to Lot 3. Mr. Lynn has obtained a permit for this private line from Building Inspection and has agreed to pay $3,500 now for his share of the estimated cost of a future sewer line across his Wooldridge Drive frontage. This agreement will enable Currie's and Mr. Lynn to proceed with replatting the property. 16. Bids be received at 11:00 a.m. Wednesday, September 2, 1981 for concession rights for 5 years at McGee Beach. The proposed lease would add skates to items which can be rented and require operation every day throughout the year, except in bad weather. 17. Emergency repairs to the Coliseum air conditioning system by the manufacturer, Carrier Air Conditioning Company, at an estimated cost of $15,300 be noted. The repairs include overhaul of the 500 ton compressor which is 20 years old. A laboratory analysis of crankcase oil indicates that further damage will occur if immediate repairs are not made. 18. An agreement be approved with Mr. Joe Adame, developer of Cayo Place, Block 10, Lots 1 and 2, for the extension of a water line in Graham Road. In lieu of a 6 -inch line, the City will extend an 8 -inch line from the boundary of Oak Harbor Estates along Graham Road and the frontage of Lots 1 and 2. Mr. Adame will pay the City $7,600.00 for the extension before a tap is made to the property being platted. There were no comments from the audience on the City Manager's Reports. Motion by Turner that the City Manager's Reports, items 1 through 18, with the exception of item 12 which was withdrawn, be approved as presented; seconded by Hawkins; and passed unanimously. es .lar Council Meeting August 19, 1981 Page 5 ********* Mayor Jones announced the public hearing on the following item: Preliminary assessment roll for the Nueces Courthouse Area Street Improvements. The low bid on the project of $254,795.50 was submitted by Isles Construction Company. The streets included in this project are: 1. Comanche from North Staples to Carancahua 2. Artesian from Lipan to Blucher 3. Carrizo from Lipan to Blucher 4. Lipan from North Staples to Carancahua City Manager Townsend explained that this is the usual assessment hearing for the streets in the Nueces County Courthouse Area; this is not a voluntary paving program project but it was included in the 1977 Bond Program. He then asked City Attorney J. Bruce Aycock to conduct the hearing. City Attorney Aycock explained to the Council that this is a State requirement in order for the Council to hear testimony to balance the equity between the costs of the assessment and the value of the enhancement to property. He explained that the formal testimony will be provided by Mr. Gerald Smith, Acting Director of the Engineering and Physical Development Department, and by Mr. William J. Holly, Appraiser. Mr. Aycock called as his first witness Mr. Gerald Smith, and through questioning of him, determined that Mr. Smith is a Civil Engineer employed as Chief Engineer for the City of Corpus Christi; he obtained his degree in Civil Engineering from the University of Texas at Austin; and that he has been employed by the City as Chief Engineer for approximately eleven years. He then asked Mr. Smith to explain the project. Mr. Smith displayed a transparency showing the limits of the project and the streets included in it. He stated that the property throughout the project area is zoned other than "R -1B" and most of it is commercially zoned. He explained that the streets are in good condition and the project calls for widening of the streets and the installation of curbs, gutters, and sidewalks on streets that will be 38' to 40' wide. He stated that all concrete possible will be saved but some will be replaced with new curbs, gutters, and sidewalks. Mr. Smith noted that an overlay will be placed on Lipan from Staples to Carancahua. Minutes Regular Council Meeting August 19, 1981 Page 6 Acting Director Smith continued his presentation by stating that the low bid was received from Isles Construction Company for a cost of $254,795.50; the preliminary assessments total $98,260.71; and the City's portion will be $156,534.79. He explained that the contract calls for 90 working days, or approximately 4 months, and the assessment roll was prepared in accordance with the assessment ordinance. Mr. Smith also informed the Council that for the YWCA, the assessment will be based on residential, school and church category. City Manager Townsend stated that this is a little unusual in that such buildings as the YWCA are not specifically listed in the ordinance as being exempt from the commercial rate. Mr. Smith also noted that it is necessary to have a retaining wall in some areas and the property owners will be required to pay for these. Mayor Pro Tem Turner inquired if Mr. Smith felt that it was fair to charge the owners for this retaining wall, and Council Member Gulley pointed out that he, too, thought it was questionable as to whether the property owners should have to pay for this wall. Mr. Smith stated that if the retaining wall is eliminated from the project, he would recommend higher slopes on the lawn. City Attorney Aycock called as his next witness Mr. William J. "Bill" Holly, Appraiser. Through questioning of the witness, City Attorney Aycock determined that Mr. Holly is a real estate broker and appraiser registered in the State of Texas; that he has been appraising property for over 28 years; his experience includes work for the City of Corpus Christi for the past six years; and that he is thoroughly familiar with the market value and paving project for this area. Mr. Holly stated that he had examined each and every parcel included in this project and that in his opinion, all of the properties would be enhanced at least in the amount of the assessment with the exception of two lots listed as item number 33, described as Lots 8 and 9, Block 15, which belong to Mrs. Ruth Clark, on which he had recommended a total adjustment of $242.29 because both lots are odd -shaped. Mayor Jones called for questions or comments from the audience. ar Council Meeting August 19, 1981 Page 7 Mr. Bob Keeling, owner of two lots at the corner of Comanche and Artesian, stated that he is in the process of beginning construction on their building within the next 60 days. He stated that he would like to have Mr. Castaneda explain their problem. Mr. Philip Castaneda of the engineering firm of Smith and Russo, representing Mr. Keeling, explained that his firm is planning a professional office building and he is in charge of the site work on the property. He informed the Council that they object to the retaining walls because they have no use for them. He stated that they plan to cut the lot down one foot and they would like to have the sidewalks lowered 6" more which would still be above the curb and gutter. He also requested that the driveway on their property on Artesian Street be deleted because they plan to construct a parking lot with an entrance off Comanche Street. He stated that in lowering the building, they also had to lower the parking lot in the rear to provide drainage. Mr. Smith assured the Council that the staff can handle all of these problems. Mr. Harry Pinson, representing Mr. Kennedy, stated that the broadcasting company owns four lots on Artesian between Comanche and Blucher which are described as lots 2, 3, 4 and 6, and explained that Mr. Kennedy is in favor of this project provided the street is 40' wide because they feel that the property in the area will be greatly improved by these street widenings. Mr. George Tamez, speaking on behalf of his mother who owns a lot on Artesian Street, stated that they have curb, gutter, and sidewalk and asked what improvements will be made. Acting Director Smith stated that this property referred to has concrete work, as do some of the other areas included in the project, but they are planning to remove some of the curb and gutter according to its condition. He stated that the driveway on Mrs. Tamez' property has a definite slope. Mr. Tamez continued by stating that $1,504 is his mother's assessment, which he feels is excessive and will be difficult for his mother to pay since she is living on a fixed income. Mr. Smith explained that the property was assessed at the higher commercial rate because it is not zoned residential. Minutes Regular Council Meeting August 19, 1981 Page 8 Mr. Tamez responded by stating that his mother's property was rezoned against her wishes because they objected to the change of zoning at the time of the hearing. He stated that his neighbor has the same situation. City Manager Townsend stated that this type of property owner is in an unfortunate position because this property was rezoned "B-5" and the property owner has to pay the higher taxes and assessment rate associated with that zoning. Mayor Pro Tem Turner agreed that this seems to be an inequity. City Manager Townsend noted that the property owners have ten years to pay their assessment, but this is not very much help and not completely fair. Council Member Dumphy inquired if it would be possible for the Council to charge them the residential rate, and Mayor Pro Tem Turner inquired if the Council could change this zoning back to residential. City Manager Townsend replied that the Council can do anything but if they do not find that enhancement is there, they could make a decision to reduce the assessment. Mr. Tamez stated that they did not object to the zoning but they find it difficult to pay the increased taxes and assessments. Mayor Jones inquired about the value of Mr. Tamez' mother's house, noting that after she is 65 years old, she will be entitled to receive an $18,000 exemption. Mr. Holly estimated that the house is probably around $2.50 to $3.00 per square foot in value. City Manager Townsend informed the Council that to change the assessment on this particular property would require a change'in the ordinance. Mayor Jones noted that this assessment would be about $14.00 per month for ten years. Mr. Tamez continued by stating that his mother lives on social security and he has to help her with her expenses even though he has a family to support. Mr. Keeling spoke again and pointed out that Mrs. Tamez' property was zoned "AB" at the time the zoning request for the change to "B-5" was considered and it was not zoned "R -1B". He stated that he felt that the improvements will only increase the market value of the property in the area. es • tea. ar Council Meeting August 19, 1981 Page 9 • Mr. Tamez stated that he has no problem with the improvements, just the expenses for his mother. Council Member Dumphy pointed out that since the property in question was zoned "AB" at the request of the property owner prior to the City Council changing the zoning to "B-5", he did not feel that there was assessing the property at the higher rate. Mr. Tamez stated that at the time the Courthouse was any problem with constructed, the City changed the zoning in this area and he was not aware of it and did not think that his father, who was alive at that time, requested the change of zoning to "AB". City Manager Townsend agreed that the zoning was changed in two stages. He informed the Council that at the residential rate, the monthly cost for this particular piece of property's assessment would be $7.25 if no retaining wall is involved. He stated that the staff will check this and make a recommendation. Mr. Ray J. Garcia, 315 Artesian, stated that his father constructed a house on this lot and he is in favor of the improvements to widen the street. He stated that they plan to make improvements to the house on his property through an SBA loan and inquired about the time frame as to when the assessment payments will be due. Mr. Smith explained that construction should commence no later than the latter part of September; it should be completed in January; and payments on the assessments will not begin until 30 days after acceptance of the project. Mr. Garcia stated that he will have his SBA loan paid off by that time. There were no further comments on the assessments. Motion by Turner that the hearing be closed, seconded by Zarsky, and passed unanimously. Mayor Jones commented that the staff will come back to the Council with specific recommendations on this assessment roll. Mayor Jones announced the public hearing on the following matter: Consideration of a plat and Planned Unit Development on application of John and Jack Tucker for Buckingham Estates, 113.98 acres of land out of Lots 9, 10, 11, 12, 13 and 14, Section G, Flour Bluff and Encinal Farm and Garden Tracts, generally located at the northwest quadrant of the intersection of Yorktown Boulevard and South Staples Street. Minutes Regular Council Meeting August 19, 1981 Page 10 Recommendation of the Planning Commission: Approval upon compliance with certain conditions and the dedication of 40' of right-of-way for Yorktown Boulevard and construction of 30' of paving, including curb and gutter. City Manager Townsend explained that this is a part of a number of actions that the Council needs to take in connection with this development: (1) the matter of annexation; (2) plat approval; and (3) zoning. He noted that the application comes from the platting ordinance for a PUD development and noted that sewer service can only be provided after annexation. He pointed out that for PUD zoning to be approved, when annexed, the sanitary sewer service must be resolved. City Manager Townsend stated that the staff recommends that the Council listen to testimony during this public hearing and that it be tabled until ,. annextion has occurred and the sewer service question has been resolved. Mr. Gene Urban, Urban Engineering, stated that he would like to delay the hearing until all of the problems have been resolved. He stated that they began with a PUD ordinance. He then asked that this application be tabled until the problems have been worked out. Motion by Gulley to table the consideration of the planned unit development for Buckingham Estates until all of the problems have been resolved; seconded by Zarsky; and passed unanimously. Mayor Jones called for the ordinances and City Manager Townsend provided a brief explanation of the ordinances on the agenda. Council Member Kennedy referred to the third reading of the ordinance pertaining to the Marina Slip Waiting List and suggested that the ordinance be amended prior to third reading to the effect that the list should be maintained and be brought up-to-date annually by requiring an additional fee for those who wish to remain on the waiting list. After a short discussion, City Manager Townsend stated that the ordinance could be amended to require that an additional $5 fee be required annually from citizens who wish to remain on the slip waiting list. ites ular Council Meeting ...gust 19, 1981 Page 11 There were no comments from the audience on the ordinances. City Secretary Read polled the Council for their votes and the following ordinances were approved: SECOND 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. (First Reading - 8/12/81) 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 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 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 SUB- STANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". (First Reading - 8/12/81) 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 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; AND 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 PUBLICATION. (First Reading - 8/12/81) 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 CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-254, SHCEDULE V, INCREASE OF STATE 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 Minutes Regular Council Meeting August 19, 1981 Page 12 OF STAPLES STREET (CITY LIMITS LINE); AND 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 HEREWITH; AND PROVIDING FOR PUBLICATION. (First Reading - 8/12/81) The foregoing ordinance was read for the second time and passed to its third reding by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". SECOND 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 CARANCHUA STREET; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. (First Reading - 8/12/81) 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". THIRD READING - ORDINANCE NO. 16471: AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL AGREEMENT NO. 1 SITH 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, RENEWABLE 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. 2 AND EXHIBIT "A", A SUBSTANTIAL COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF. (First Reading - 8/5/81; Second Reading - 8/12/81) 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. 16472: 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, Second Reading - 8/12/81) 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". • utes 3ular Council Meeting August 19, 1981 Page 13 THIRD READING - ORDINANCE NO. 16473: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING ARTICLE II MARINA, BY ADDING A NEW PARAGRAPH SECTION 12-80 SLIP WAITING LIST; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. (First Reading - 8/5/81; Second Reading - 8/12/81) 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. 16474: AMENDING ORDINANCE NO. 14936, THE AID AMBULANCE SERVICE RATE ORDINANCE, AS AMENDED BY ORDINANCE NOS. 15886 AND 26069, 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, Second Reading - 8/12/81) 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. 16475: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT OF LEASE AGREEMENT WITH CORPUS CHRISTI BANK AND TRUST COMPANY TRUSTEE AND CHAPARRAL AVIATION, INC., AS APPROVED BY ORDINANCE NO. 15041 OF AUGUST * 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 - 8/5/81, Second Reading - 8/12/81) 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. 16476: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING ARTICLE II, MARINA, SECTION 12-61, RATES AND RENTAL FEES FOR USE OF SLIPS AND DOCK SPACE SCHEDULE AND REGULATIONS BY ADDING A RATE FOR COMMERCIAL FISHING BOATS AT SEVEN CENTS PER SQUARE FOOT; AND REPEALING SUBPARAGRAPH "FI" AS TO THE MONTHLY RATE FOR CHARTER BOAT SLIPS; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. (First Reading -8/5/81, Second Reading - 8/12/81) 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. 16477: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND TUCKER PROPERTIES, 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 67.99 -ACRE TRACT OF REAL PROPERTY, LOCATED IN NUECES COUNTY, TEXAS, BEING OUT OF LOTS 22, 23, 24, 26, ALL OF 27 AND AS PORTION OF 28, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting August 19, 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.16478: CLOSING AND ABANDONING A 5 -FOOT RIGHT-OF-WAY ALONG THE NORTHSIDE OF 60 -FOOT WIDE TIMBERGROVE LANE AND ADJACENT TO BLOCKS 1, 3, AND 5, AND ALONG THE SOUTHSIDE OF TIMBERGROVE LANE AND ADJACENT TO BLOCKS 4 AND 6, JACKSON PLACE, REVERTING SAID 5 -FOOT WIDE PORTIONS OF RIGHT-OF-WAY TO ABUTTING OWNERS AND RETAINING AS DRAINAGE EASEMENT THE 30 -FOOT SECTIONS OF SAID 5 -FOOT RIGHT-OF-WAY CENTERED BETWEEN LOTS 23 AND 24, BLOCK 5, LOTS 12 AND 13, BLOCK 4, LOTS 15 AND 16, BLOCK 5, AND LOTS 1 AND 2, BLOCK 6, JACKSON PLACE, A MAP OF WHICH IS RECORDED IN VOLUME 23 PAGE 90, MAP RECORDS OF NUECES COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; 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. 16479: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WBC HOLDINGS, INC., DEVELOPER OF BRIGHTON VILLAGE SUBDIVISION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $29,247.63 OUT OF THE NO. 220 STREET BOND FUND FOR REIMBURSEMENT TO THE DEVELOPER UPON COMPLETION OF CONSTRUCTION AND ACCEPTANCE OF THE SUBDIVISION BY THE CITY, APPLICABLE TO PROJECT NO. 220-77-54, BRIGHTON VILLAGE SUBDIVISION; 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. 16480: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH W. H. THOMAS COMPANY FOR CONSTRUCTION OF THE NORTHWEST BRANCH LIBRARY; APPROPRIATING $440,000 OUT OF THE NO. 269 LIBRARY BOND FUND OF WHICH $429,002 IS FOR THE CONSTRUCTION CONTRACT AND $10,998 IS FOR ADDITIONAL ARCHITECTURAL FEES, LEGAL ADVERTISING, LABORATORY TESTING, CONTINGENCIES AND INCIDENTAL EXPENSES APPLICABLE TO PROJECT NO. 269-77-1, NORTHWEST BRANCH LIBRARY; 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. 16481: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ARTHUR D. LYNN, JR., DBA A. D. LYNN COMPANY, DEVELOPER OF LOT 3, BLOCK 16D, LOKEY SUBDIVISION, TO PERMIT THE DEVELOPER TO UTILIZE A FOUR INCH PLASTIC PIPE FROM LOT 3 TO SOUTH STAPLES STREET ACROSS RIGHT-OF-WAY PROVIDED BY THE OWNER OF LOT 2 (CURRIE'S, INC.) FOR A TEMPORARY SANITARY SEWER MAIN, UNTIL SUCH TIME AS A PUBLIC MAIN IS AVAILABLE TO LOT 3; PROVIDING FOR THE PAYMENT OF $3,500 TO THE CITY BY DEVELOPER FOR HIS PRO -RATA SHARE OF THE ESTIMATED COST OF A FUTURE SEWER LINE ALONG HIS WOOLDRIDGE DRIVE FRONTAGE AND A TAP FEE OF $100; AND DECLARING AN EMERGENCY. tes lar Council Meeting • r•_ust 19, 1981 Page 15 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. 16482: APPROVING AN AGREEMENT BY CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION TO ISSUE BONDS FOR TEX-AIR INVESTMENT COMPANY, THE BOND RESOLUTION PROVIDING FOR THE ISSUANCE OF SUCH BONDS, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Gulley, "Nay". ORDINANCE NO. 16483: AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE DEVELOPER OF LOTS 1 AND 2, BLOCK 10, CAYO PLACE FOR THE EXTENSION OF AN EIGHT INCH WATER SUPPLY MAIN FROM THE WESTERN BOUNDARY OF OAK HARBOR SUBDIVISION ALONG THE FRONTAGE OF CAYO PLACE BY THE CITY IN CONSIDERATION OF THE PAYMENT OF $7,600; PROVIDING FOR PLAT APPROVAL, ISSUANCE OF BUILDING PERMITS, AND OTHER CONDITIONS; 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". ********* Council Member Gulley informed the Council that he understood that the Port Authority and the Chamber of Commerce desire to address the Council next week. The Council Members concurred with that request and suggested that it be listed on the agenda at 10:00 a.m., August 26. Mayor Jones called for discussion of appointments to Boards and Commissions. After nominations had been made and voting had occurred, the following appointments were made by the City Council. PLANNING COMMISSION: TERM TO EXPIRE: Mr. Arnaldo Garcia 7-31-84 FOOD SERVICES ADVISORY COUNCIL: Mrs. Gerald Heinzelmann 6-24-82 Mrs. Maria Munoz 6-24-83 AMBULANCE ADVISORY COUNCIL: Mr. David Moore 8-08-84 It was the consensus of the Council that the appointment to the Solicitations Commission be delayed until next week. Minutes Regular Council Meeting August 19, 1981 Page 16 Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Billy Holmes addressed the Council in regard to the proposal recommended by the Marina Board to increase the slip rental for brokers. He stated that he had operated a business for 28 years at the marina; they have had slips for 18 years; they helped build up the marina; and they object to the fact that the City plans to increase rates for commercial boat sales. He explained that his company sells the boats and pays a sales tax at the time they are sold, whereas brokers do not. Mayor Jones explained that the City is attempting to help defray the cost of the operation of the Marina, and if there is a business operation at the Marina, those companies should pay a higher fee. Mr. Holmes explained that he is not a broker in that a broker sells boats without paying anything, including sales tax; however, when he sells a boat, the City receives 1% for the City's sales tax and they are generating income for the City. He explained that the name of his company is Gulf Coast Marine. City Manager Townsend explained that there has never been a provision for this kind of operation in the Marina. He stated that he was not even aware that this was occurring. Mr. Townsend explained that when a boat is sold, the slip vacated by the sale should go to the next boat owner on the list. He stated that he did not believe that there is a provision for this type of business in the Marina. Mayor Jones inquired of Mr. Holmes if there are any other boat dealers in operation there and Council Member Gulley asked Mr. Holmes if they could not sell their boats from their place of business. Mr. Holmes stated that the boats sold from the Marina are too Large to handle at their boat yard, which is at 3002 South Port. City Manager Townsend stated that he will have a report on this matter soon. Mr. Holmes responded to Mayor Jones' question and stated that his company has five boat slips and another owner has five boat slips as well. tes .filar Council Meeting August 19, 1981 Page 17 Ms. Margaret Wead, 3626 Lamont, spoke in regard to the Multi -Cultural Center. She presented a paper with suggestions as to what should be included in the Multi -Cultural Center for each ethnic section. She suggested that in order to progress with this center, an advisory committee should be established and one employee hired to coordinate the activities. Mayor Jones stated that this is just a reminder that this center was approved in 1977 and the Council must make a decision on this soon, Council Member Kennedy called for discussion of the Tourist and Convention Development Fund Budget for 1981-82. Mr. Townsend presented the Council with information in regard to this subject and the budget. Council Member Kennedy pointed out that there was an additional $55,000 estimate in this budget and stated that he is glad that the Council is going to be able to review their budget since this is the type of group that he would like to have represent the City. He expressed the opinion that a portion of the $55,000 should be set aside as a lump side for a one-time expenditure for an enduring art form. Council Member Gulley proposed that the Tourist Bureau budget be increased $30,000 and the remaining $25,671 in the fund be set aside for a special art project to be approved by the Council at a later date. Mayor Jones inquired if the Council felt that this should go through the Municipal Arts Commission. Council Member Gulley expressed the opinion that a realistic piece of art work should be considered but this could be initiated by the Municipal Arts Commission. He stated that he would put his earlier suggestion in the form of a motion, it was seconded by Dr. Kennedy and passed unanimously. City Manager Townsend asked for an explanation and inquired if the Council preferred that the $25,671 be allowed to remain in the unallocated fund until the Council decides to spend the money. It was the consensus of the Council that this was their intention. Minutes Regular Council Meeting August 19, 1981 Page 18 City Manager Townsend referred to the request of PATCO to the effect that they would like to erect a tent at the Airport parking lot and distribute literature for information purposes. He stated that he would like to respond to their letter by stating that the space is there at the Airport and it would be the Airport Manager's decision as to whether or not this could be allowed. Council Member Gulley agreed that this should be treated as any other group that wants to demonstrate and suggested that the City's policy be adhered to. City Manager Townsend stated that he would not have to approve or disapprove this request actually. Council Member Gulley agreed that as long as PATCO members did not block anything or create any problem, they should be allowed to use the property. Council Member Zarsky agreed that no action should be taken by the Council and City Manager Townsend stated that he would not acknowledge the letter. Mayor Pro Tem Turner referred to an item listed on the Workshop Agenda in regard to the consideration of the status of the appeal of Mr. J. 0. Contreras, Plant Operator II, Wastewater Division from an indefinite suspension approved by the Civil Service Board on June 1, 1981 and asked for an explanation. City Manager Townsend explained that the Council could set this matter for a hearing or they can determine that nothing has occurred to change the situation. He read the ordinance pertaining to this in which it was quite clear that a lack of action by the Council implies concurrence with the Civil Service Board's decision. City Attorney J. Bruce Aycock explained that Mr. Contreras' appeal is inadequate; the Council can request a hearing of the tapes of the meeting; but they do not have to conduct a hearing. City Manager Townsend explained the events that had occurred in connection with this employee prior to his indefinite suspension. Mayor Jones expressed the opinion that the Council had not received any information that would require them to hear Mr. Contreras' appeal. es lar Council Meeting August 19, 1981 Page 19 Motion by Hawkins that Mr. Contreras' request for an appeal be denied, seconded by Zarsky, and passed unanimously. There being no further business to come before -the Council, on motion by Turner, seconded by Zarsky, and passed unanimously, the Regular Council Meeting was adjourned at 5:20 p.m., August 19, 1981.