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HomeMy WebLinkAboutMinutes City Council - 08/26/1981MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 26, 1981 2:00 P.M. PRESENT: Mayor Luther Jones ***Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy City Manager Marvin Townsend Bob Gulley City Attorney J. Bruce Aycock Herbert L. Hawkins City Secretary Bill G. Read * Charles W. Kennedy ** Cliff Zarsky Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend William C. Storms of Travis Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Jack Dumphy. Acting Assistant City Secretary Dorothy Zahn called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones announced the issuance of the following proclamations: "PAN AMERICAN GOLF ASSOCIATION DAY" - August 21, 1981 and "WOMEN'S EQUALITY DAY" - August 26, 1981. Motion by Hawkins that the Minutes of the Regular Council Meeting of July 29, 1981 and the Special Council Meeting of August 12, 1981 be approved as presented; seconded by Dumphy; and passed unanimously. ********* Mayor Jones announced bid openings on the following engineering projects: 1. Expansion of the 0. N. Stevens Plant. The proposed expansion inc udes a raw water pump station; raw water receiving unit; mixing, flocculating and settling basin; filter; 10 million water storage tank; high service pump station; revisions to the chemical building and existing primary mixing basins and other related work including piping, electrical, mechanical, paving, grading and fencing. The expansion will result in an additional 48 million gallon per day treatment capacity with an overload of 72 million gallons per day. This expansion will generally double the existing capacity of the plant. BICROFIMEU S P 19 084' Minutes Regular Council Meeting August 26, 1981 Page 2 Mr. James K. Lontos, Assistant City Manager, opened bids on this project from the following firms: Belco Construction, Temple, Texas; Brinderson Corporation, Irvine, California; Centex Construction Company, Dallas, Texas; Clearwater Constructors, Austin Texas; Collins Company, Montgomery, Alabama; LEM Construction, Stafford, Texas; Permian Construction, Katy, Texas; Sanders/Midwest/Goolsby, Temple, Texas; Texas Olson Construction Company, Dallas, Texas; and W. T. Young Construction Company, Corpus Christi, Texas. Mr. Lontos verified that all bidders had submitted the required bid bond with their bids but Permian Construction and Texas Olson Construction Company did not acknowledge receipt of addenda. He also pointed out that Clearwater Constructors and Texas Olson Construction Company did not bid on the alternate pumps. 2. Roof repairs at the Airport. The work includes replacement of the damaged coping around the electrical transformer, replacement of some roof vents, and repair of expansion joints. All roofs are to be resaturated with a roof preservative and gravel. A portion of the work is hurricane related with $15,418 available from the roof insurance settlement. Remaining roof areas are beginning to show deterioration and need resurfacing. Assistant City Manager Lontos opened bids from the following comanies on this project: B & N Roofing & Construction Company, J & M Roofing, Construction Engineers, Alice Roofing & Sheet Metal Works, Bruton -Gomez -Easley, Inc., and City Sheet Metal Shop. Mr. Lontos stated that all of the bidders with the exception of City Sheet Metal Shop had provided the required bid bond with their bid and the Council determined that it was proper for the City Sheet Metal Shop bid to be read even though it would be considered an improper bid. Mayor Jones expressed appreciation to all of the companies that had bid these two projects and stated that both bids will be tabled for 48 hours, pursuant to the requirements of the City Charter and referred to the staff for tabulation and recommendation. * Council Member Kennedy arrived at the meeting during the foregoing bid opening. '.es alar Council Meeting August 26, 1981 Page 3 ********* Mayor Jones called for confirmation of actions taken during the Workshop Meeting of August 26, 1981 as follows: 1. That the report and general thrust of the Committee to review subdivider participation in offsite utilities and drainage be accepted, including the reimbursement plan and the moratorium, and the staff be instructed to bring forth an ordinance effecting such recommendations. Motion by Turner that the foregoing actions be confirmed, seconded by Hawkins, and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Kennedy voting, "Aye"; Zarsky, absent at the time the vote was taken. 2. Called for a resolution in support of the Corps of Engineers' choice of the Nueces Bay site for disposal of dredge material from the deepening of the Port to 45 feet. Motion by Gulley that the foregoing action be confirmed, seconded by Turner, and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Kennedy voting, "Aye"; Zarsky, absent at the time the vote was taken. 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. Bids be received September 15, 1981 for replacement of approximately 95 ceiling tiles and 50 linear feet of grid at the International Airport. The tiles were damaged due to water entering the fourth and fifth floors after the roof of the Tower was damaged during Hurricane Allen. 2. A contract for a 320' 16" road bore on South Padre Island Drive at Prescott be awarded to Road Crossing Contractors Company of Corpus Christi on the basis of low bid of $14,400. The project will allow the extension of a gas trunk main in the future. The boring must be made at this time because of construction work on the Padre Island Drive expressway at this location. Eventually, the gas line to be extended will serve the area between Greenwood and Kostoryz beyond Ayers. 3. Twelve months supply agreement I for approximately 200 boxes (20 per box) of flexible plastic gaskets and 10 gallons of primer for Wastewater Services be awarded! to Texas Industries, Inc. on the basis of low bid of $7,115. Two bids were received. Prices have increased approximately 27% since August, 1979. 1,uJlu Les Regular Council Meeting August 26, 1981 Page 4 4. Plans and specifications be approved providing for the construction of the east one-half of St. Francis Street in Highland Oaks Subdivision, and bids be received September 9, 1981. This approximately 700 foot long residential street abuts a City park in the subdivision. The subdivision is located south of Glenoak Drive between Waldron Road and Flour Bluff Drive. The other half of the street is being constructed by the developer. City Manager Townsend explained that this property is owned by Council Member Cliff Zarsky and the City is not allowed to enter into a contract with him, therefore, this is a different method of handling the streets around the park. 5. The Assessment Ordinance be amended to provide for 100% assessment of the cost of a retaining wall against the abutting property when a retaining wall is necessary for lateral support of the property. The Assessment Ordinance has no provision for assessing costs of retaining walls. 51. The following actions be taken on the Courthouse Area Street Improvements Project: a. The public hearing on paving assessments held on August 19, 1981 be closed and the assessment roll containing 35 items ($94,034.43) be adopted. Item No. 33 was reduced by $249.29 in accordance with Mr. Bill Holly's recommendation. All assessments for retaining wall costs were omitted from the roll except for 78 linear feet of wall included in Item No. 14 along South Tancahua and Comanche Street. Item No. 8, the YWCA tract, is being assessed as a school -related, non-profit property with the sidewalk along that property assessed at the residential rate. b. The street improvement contract be awarded to Isles Construction Company, the low bidder, for $254,795.50 and $272,000 be appropriated for the contract award and related expenses. City Manager Townsend referred to the public hearing on paving assessments and in particular to the Tamez property. He explained that this property was zoned for apartments and Mr. Barnes approached Mr. Tamez who agreed to join in the application to change the zoning to "B-1". He explained that for this reason, the staff does not propose any change in the assessment rate. Council Member Dumphy agreed that since the zoning was not the result of any City action, no change in the assessment rate should be made. ** Council Member Cliff Zarsky arrived at the meeting at 2:40 p.m. tes ,ular Council Meeting August 26, 1981 Page 5 6. A contract be awarded to Sechrist-Hall Company for repair of Hurricane Allen damages to the Memorial Coliseum for $181,671. Damaged areas include the Coliseum, the Ticket Office, Restroom Building and the enclosed passageways between the Coliseum and Exposition Hall. The existing roof will be removed and replaced and all damaged copper flashing at the edge of the building and at the roof vents will be replaced. Additional insulation will be included in the contract to provide a total R value of at least 8. An appropriation of $190,000 is recommended for the contract award and related expenses. 7. Southwest-Rathgeber, Inc. be authorized to demolish the foundation at the Southgate School site on 19th Street adjacent to Ben Garza Park. The site will be converted to a football/soccer field as part of a current Heritage Conservation and Recreation Service Grant for improvements to Ben Garza Park. All foundations, piers and slabs on the 2.7 acre site will be removed and buried in designated sites. A 24 -inch dirt cover over the concrete will be provided, at a total cost of $4,980. Council Member Gulley indicated that he had some concern about this item. City Manager Townsend explained the plans for the field work and stated that it will be a park. Council Member Gulley agreed that if this is going to be a park he would have no problem with it. Council Member Kennedy referred to item 6 and inquired as to the source of the funds for this project. City Manager Townsend explained that the money for this will come from Revenue Sharing and the General Fund Reserve and it will be necessary to delay the purchase of other items for the Coliseum. He explained that this project will include insulation which they feel is absolutely necessary. He further stated that Exposition Hall is in very bad condition and even though it is not very expensive to rent, it is not being used very much. He explained that primarily it is used for private dances. Council Member Kennedy inquired about the difference in cost of renting Exposition Hall and facilities in the Convention Center and City Manager Townsend stated that he will have figures on this later in the meeting. 8. A contract for repair of the O. N. Stevens Filtration Plant Levees be awarded to DeBer, Inc. of Corpus Christi for $79,080. The work consists of repairing the levees surrounding the detention ponds at the Nueces River below the O. N. Stevens Plant. Approximately 6,000 cubic yards of select fill material will be put in place and compacted to replace the material eroded from the levees during Hurricane Allen. An approprition of $85,000 is necessary to cover the contract award and related expenses. Council Member Kennedy requested a report on the status of Hurricane Allen damage. Minutes Regular Council Meeting August 26, 1981 Page 6 City Manager Townsend stated that the staff will have a report on all of Hurricane Allen damage soon. He informed the Council that there is still a great deal of unrepaired damage to the Bayfront including the fishing pier and that he will have Assistant City Manager Lantos provide a report on this. 9. A change order in the amount of $3,726.10 to the contract with A. Ortiz Paving Company for paving repairs to the Marina be approved. The change order provides $669.90 for an additional 3" electrical conduit to serve the additional boat slips under construction on the L -Head, $2,357.60 for additional caliche to fill voids discovered on the L -Head when the base was reworked, and $698.60 for additional paving. When the paving contract was awarded, it was anticipated that 71 additional slips would be constructed on the L -Head. However, the contract with Goldston Corporation provides for 103 slips resulting in the need for additional conduit. * 10. The submission of an application to the Department of Transportation, Federal Aviation Administration, for the purchase of Parcel 14-D for $400,000 (approximately 158 acres) at the Corpus Christi International Airport be approved. The land will be used to protect the clear zone for Runway 31 as well as for noise abatement. The Federal Government advised the regional F.A.A. offices to urge local airports to submit federal assistance land acquisition requests immediately due to the reduction by President Reagan in funds available nationally from $700 million to $460 million. As a result of the directive, this application had to be submitted prior to today's meeting. If approved, the Federal Government will pay $360,000 and the City will pay $40,000. The parcel is located south of Bear Lane and east of F.M. 763. City Manager Townsend explained that the FAA bill had not been renewed; just before Congress ajourned, an appropriation for $460,000,000 was made rather than $700,000,000 which is usually the figure; and since the Federal fiscal year is the one that ends October 1st, and since this bill has just been passed, it apparently applies to the current year. He explained that applications must be submitted this week. In regard to this recommendation, City Manager Townsend informed the Council that the staff has been negotiating with the Kelley family this week to purchase this land. He explained that this involves 90-10 money and if applications are received this week, $785,000 may be committed to this City. He explained that some uses for this kind of grant money requires a 50-50 City participation and, there are a number of projects planned for the Airport that cannot be funded with this money. He stated that Mr. Bill Wilder, Airport Manager, feels that this land acquisition is the quickest way that this money could be used and discussions are being held at this time as to how the remainder of the money can be used. He stated that he would like to submit an application on the No. 1 listed on the suggested projects * Note that this item was deleted and another item substituted - See page 22. •tes ,ular Council Meeting August 26, 1981 Page 7 which is to fill and grade safety area between runways 31 and 35 and No. 2, the standby generator building and before the final grant is approved, other items could be added. He stated that FAA has criticized this City for the fact that there is a swale between the runways and that the Airport has no standby generator for electrical service and he felt that these were items that could be included in this grant. Mayor Pro Tem Turner suggested that landscaping for the Airport be included in the application and City Manager Townsend agreed that this was a possible project that could be funded by this source. 11. Two lots at the corner of North Alameda and Lipan Streets be acquired for $27,000 from Mr. Joe Adame for future expansion of the Water Division storage yard. The purchase of these lots will give the City ownership of the entire block which includes the Water Division office and yard, City Warehouse and Building Maintenance. The Lots are vacant. City Manager Townsend displayed a map showing the water tanks and the Water Division Office and explained the relationship of the two lots recommended for sale noting that they are vacant at this time. He stated that funds for this acquisition is from the Water Fund Reserve. 12. The Builders Association of Corpus Christi be granted a temporary permit to erect a tent on Sierra Blanca Boulevard in Breckenrdige Subdivision from October 8 to October 20, 1981. The Council previously approved the installation of the tent on July 15, 1981, but since then, the date for the Parade of Homes has changed. The tent would display home products in connection with the Parade of Homes Show and special barricade 'requirements and 'hold harmless' provisions would be provided when the permit is issued. 13. The public hearing held on June 10, 1981 be closed and the Master Plan for Storm Drainage for the Area South and West of the City of Corpus Christi be amended. Additional information was presented on July 29, 1981 in an effort to resolve all property owners concerns regarding the relocation of drainage channels and the required bridge crossing on the St. Clair tract. The hearing was tabled again on that date. The St. Clair tract developer is agreeable to the bridge requirements. The owner to the north of the St. Clair tract has withdrawn his offer of drainage right-of-way dedication and basically offers no objection to the Master Plan change on the St. Clair tract. As such the following actions are recommended: a. The Master Drainage Plan be amended to accept the offer of drainage right-of-way from the St. Clair and Cap developers as shown on preliminary plats of these properties filed through the Planning Commission. b. The North - South drainage channel known as Channel No. 7 north of St. Clair tract be shifted westerly to line up with the St. Clair drainage right-of-way. This will eliminate one right angle turn. c. The 77 acre tract known as Industrial Technology Park be amended on the Master Plan to drain northerly to the Bear Lane channel in lieu of southerly toward Old Brownsville Road. Minutes Regular Council Meeting August 26, 1981 Page 8 , 14. An amendment be approved to the 1981-82 contract with the Women's Shelter extending it to November 20, 1986 and increasing the amount of Community Development Block Grant money for building and grounds improvements from $10,000 to $18,000. The additional $8,000 will be used for driveway and parking lot resurfacing ($2,110); repairs to bathroom piping ($964); steps and railing ($200); porch decking ($500); materials ($1,376); and various minor projects ($2,850). 15. A twelve month agreement be approved with Nueces County for the operation of the Nueces County's Hilltop Community Center. The City will pay the County $10,000 annually to operate the facility as a community center. 16. The following water contracts for outside city limits customers in previously platted subdivisions be approved: a. Ms. Sandra Reidda: Lot 3, Block 3, Ports O'Call - 13753 Cayo Gorda Jr.: Lot 27, Blk 4, Commodore's Cove - 13737 Tajamar Court Lot 32, Block 4, Barataria Bay - 15206 Main Royal Drive Lot 16, Block 5, Barataria Bay - 15222 Caravel Drive b. Mr. Gordon F. Smith, c. Ms. Sandra Reidda: d. Ms. Sandra Reidda: e. Ms. Sandra Reidda: f. Ms. Sandra Reidda: Lot 27, Block 9, Barataria Bay - 13845 Mizzen Street Lot 16, Block 10, Point Tesoro - 13514 Peseta Court Nottarb Place is located south of Saratoga Boulevard and west of Weber Road. The other properties are located on Padre Island. 17. A bait stand lease for Rainbow Bait Stand be approved for 15 years with Mr. and Mrs. Thomas W. Wait. The bait stand has been operated by Mr. Wiley B. Gillet and Mr. James C. Gillet, who wish to sell to Mr. and Mrs. Wait. The bait stand is located on state owned land on the Kennedy Causeway. Mr. and Mrs. Wait have agreed to pay rent of $200 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 2596 at the end of each two year period. The rent is now $100 per month. The 15 year term would be conditioned on the construction of approximately $40,000 in improvements within 5 years; otherwise the term would be only 5 years. One-third of the rent is remitted to the School Land Board and one-fourth is placed in an interest bearing account for planning and constructing public improvements in the area. 18. The ordinance establishing the Municipal Industrial Commission be amended to add the county judge as an ex -officio member of the commission. Mayor Jones ascertained that no one in the audience wished to comment on the City Manager's Reports. Motion by Turner that the City Manager's Reports items 1 through 18, item 10 having been amended to include other airport projects; be approved; seconded by Kennedy; and passed by the following vote: Jones, Turner, tes alar Council Meeting tiugust 26, 1981 Page 9 Dumphy, Gulley, Hawkins, and Kennedy voting, "Aye" on all of the items; Zarsky voting "Aye" on all of the items with the exception of item 4 on which he abstained due to a conflict of interest. Mayor Jones suggested that Board and Committee appointments be considered at this time. Nominations and votes were taken for the following Boards and Commissions and a motion was made by Gulley that the appointments be confirmed including the Mayor's appointments to the Municipal Arts Commission; seconded by Dumphy; and passed unanimously. MUNICIPAL ARTS COMMISSION: TERM TO EXPIRE: Mr. Joe Valadez (Reappointment) 9/1/82 Mrs. Dorothy Bateman (Reappointment) 9/1/82 Mrs. Betty Best 9/1/83 Mrs. Sue Bonilla 9/1/83 Mrs. Linda Walker 9/1/83 Mrs. Nelwyn Anderson 9/1/83 Mrs. Connie Freeman (Reappointment) 9/1/83 LANDMARK COMMISSION: Mrs. Ruby Jean Colvin . 11/20/82 PARK BOARD: Mr. David Longoria 8/23/83 Mr. Harry Bennett 8/23/83 Mr. Rene Gayetan 8/23/83 Ms. Joanne McNeill 8/23/83 Ms. Billie Pickard 8/23/83 Motion by Kennedy to increase the number on the Park Board from ten to eleven members, seconded by Turner and passed unanimously. Council then appointed Dr. Bill Colson for a 2 -year term as the additional member of the Park Board. The Council considered the appointments to the Solicitations Commission but noted that an additional vacancy will exist next week. A motion was made by Turner to table appointments to the Solicitations Commission until September 2; seconded by Kennedy; and passed unanimously. ********* Mayor Jones announced public hearings on three zoning applications. City Manager Townsend announced the public hearing on Application No. 681-11, Mr. Jack Ryan, for a change in zoning from "R -1B" One Family Dwelling District to "B-4" General Business District on 18 acres out of Lots 3 Minutes Regular Council Meeting August 26, ]981 Page 10 and 4, Section 30, and Lot 5, Section 31, Flour Bluff and Encinal Farm and Garden Tracts located along the west bank of Cayo del Oso, approximately 450' north of South Padre Island Drive and east of the extension of Sea Breeze Drive. City Manager Townsend informed the Council that both the Planning Commission and the Planning Staff recommend denial of this application and that a large number of responses in opposition had been received by the City Council, and one in favor had been received. He explained that most of the people who have expressed opposition are not within the 200 -foot area of notification, therefore, the 20% rule is not in effect. Chief Planner Larry Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that the applicant plans to develop the property with condominiums with eight eight -story buildings, each of which will contain 49 units with the ground floor being used for parking. Mr. Jack Ryan, the applicant, stated that at the time they purchased the property they did not know the AICUZ plan affected this land. He stated that they plan to meet with all of the residents in the area to explain their plans in the hope that they will withdraw their opposition. He stated that they would like to have the zoning case tabled or recessed until they have had an opportunity to attempt to work with the residents in the area. Mr. Gene Urban, Urban Engineering, spoke on behalf of the applicant and stated that they have revised their site plan and hopefully, the neighbors in the area will not object to the new plan. Mayor Jones called on citizens who wished to speak in opposition to this zoning case. Mr. Tony Pletcher, Attorney, stated that he lived in the neighborhood and is acting only as an interested neighbor, not as an attorney. He stated that he had talked with everyone in the area; they are opposed to converting this into a general business district; he has received a copy of the new plans; but has not had an opportunity to circulate the new plans to all of the neighbors to see if they would withdraw their opposition. Mr. Ryan inquired if this application could be tabled until September 9, 1981. ites ,ular Council Meeting August 26, 1981 Page 11 Lieutenant Commander Kelley, representing the Naval Air Station, informed the Council that about one-half of this area is in the APZ-2. He stated that the Navy has no objections to the new plan that has just been submitted. He informed the Council that the TRACOR Study also included this land and that it is in the flight pattern. Motion by Turner that the public hearing on this application be recessed until September 9, 1981; seconded by Hawkins; and passed unanimously. City Manager Townsend asked Mr. Pletcher if he was in contact with everyone in the neighborhood and Mr. Pletcher stated that he will notii'y everyone in the neighborhood that this case has been recessed until September 9, 1981. Mr. Ryan stated that he will assist Mr. Pletcher in notifying all of the neighbors. City Manager Townsend announced the public hearing on Application No. 781-4, Mr. Reynaldo R. Barrera, for a change in zoning from "AT" Apartment -Tourist District to "B-2" Bayfront Business District on Lots 190 and 191, Block 8, Beach Hotel Addition, located on the south side of Stewart Place, approximately 88' east of Surfside Boulevard. Mr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend denial of the "B-2" zoning but in lieu thereof, a special permit for a motel complex be approved in accordance with the site plan submitted. Mr. Townsend stated that in response to the notices of the public hearing, one in favor and none in opposition had been returned and the owner is willing to accept the special permit. Mayor Jones ascertained that no one wished to speak in opposition to this application. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area stating that this property is vacant, showed slides of the area, and noted that the applicant plans to construct a motel complex with sixteen units. Minutes Regular Council Meeting August 26, 1981 Page 12 Mr. Ed Williams, 407 Schatzel Street, appeared in favor of this application, stating that he has no objection to the proposal because he would also like to have his property zoned the same or zoned "AT". Mr. Williams also suggested that the "AT" zoning be considered for a revision as far as the number of square feet required for parking indicating that he felt that it could be reduced because parking is usually provided underneath the buildings. There were no further comments on this application. Motion by Gulley that the hearing be closed, seconded by Dumphy, and passed unanimously. Motion by Gulley that Application No. 781-4 be denied but in lieu thereof, a special permit be approved according to the submitted site plan; seconded by Dumphy; and passed unanimously. City Manager Townsend agreed that the staff probably could examine the requirements for "AT" zoning. He pointed out that the only places this zoning exists is on Corpus Christi Beach and at Roberts Street and Ocean Drive and since there is little "AT" zoning, it would not be difficult for the changes to be made at this time. Council Member Kennedy asked about the fishing pier on Corpus Christi Beach and City Manager Townsend explained that the special permit is no longer in effect; the owners have no right to have the pier there; and the staff has been attempting to work with them on this because the City does need to have a clear title to this property. He explained that the owners want the City to put in parking and other amenities and they want to retain the fishing pier there. He stated that the staff is almost to the point of demanding that the owner depart the premises so that the City can go out for bids for a fishing pier, concession stand, etc. He stated that the property owner only has, ownership of the piece of property , not the fishing pier. ********* City Manager Townsend announced the public hearing on Application No. 781-5, Mr. Edwayne Priesmeyer, for a change in zoning from "B-1" Neighborhood Business District to "I-2" Light Industrial District on Lots 8, 9, 10, and 11, Block B, Two Fountains Unit 1, located on the east side of Greenwood Drive, approximately 500' north of South Padre Island Drive. tes .liar Council Meeting August 26, 1981 Page 13 City Manager Townsend stated that the Planning Commission recommends denial and in lieu thereof, that a special permit be approved according to the site plan that has been submitted and the Planning staff recommends denial. He stated that in response to the notices of the public hearing, two in favor and none in opposition had been returned, but the 20% rule is in effect as a result of the opposition expressed at the Planning Commission hearing. Chief Planner Larry Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that the applicant plans to build an air conditioning sales outlet at this location. Mayor Jones called on the applicant to speak at this time. Mr. Dave Evans, associate of Joe Adame, Realtors, representing Mr. Priesmeyer, stated that the property owners who expressed opposition to this application have been contacted and are no longer opposed to the plan since it has been changed. Mr. Evans stated that there will be very light traffic and very little noise. He explained the applicant's plans for the lot, stating that this will be a wholesale distribution center and there will be very little truck traffic. He stated that in fact, there will be lighter use than even the H.E.B store in the area.. Mr. R. E. Batterson, representing the Diocese of Corpus Christi, spoke in favor of this application, pointing out that this is basically a clean operation and will not genrate a lot of traffic. No one else spoke in regard to this application. Mr. Evans assured the Council that the applicant would accept a special permit. Motion by Turner that the hearing be closed, seconded by Kennedy, and passed unanimously. Motion by Turner that the Council concur with the recommendation of the Planning Commission and deny the zoning of "I-2" on Application No. 781-5, but in lieu thereof, grant a special permit in accordance with the approved site plan; seconded by Zarsky; and passed unanimously. Mayor Jones called for the ordinances. City Manager Townsend briefly explained the ordinances on the agenda. Minutes Regular Council Meeting August 26, 1981 Page 14 No one spoke in regard to the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were approved: FIRST READING: AUTHORIZING A 15 -YEAR LEASE AGREEMENT WITH MR. AND MRS. THOMAS W. WAIT DBA RAINBOW BAIT STAND FOR CONSTRUCTION AND OPERATION OF A BAIT STAND ON TRACT 12 OF THE COASTAL PUBLIC LANDS BEING SITUATED AT THE INTRACOASTAL CROSSING ON THE PADRE ISLAND CAUSEWAY ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, "absent". THIRD READING - ORDINANCE NO. 16485: 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, Second Reading - 8/19/81) The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". THIRD READING - 16484: 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 (First Reading - 8/12/81, Second Reading - 8/19/81) The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". THIRD READING - ORDINANCE NO. 16486: 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, Second Reading - 8/19/81) The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". utes gular Council Meeting August 26, 1981 Page 15 THIRD READING - ORDINANCE NO. 16487: 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 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); 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, Second Reading - 8/19/81) The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". THIRD READING - ORDINANCE NO. 16488: 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. (First Reading - 8/12/81, Second Reading - 8/19/81) The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 16489: AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING CHAPTER 49, ARTICLE II, SECTION 49-21-C4 TO PROVIDE FOR ASSESSING RETAINING WALL CONSTRUCTION AGAINST ABUTTING PROPERTIES AT 100 PERCENT OF COST PLUS ENGINEERING; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 16490: CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: NUECES COUNTY COURTHOUSE AREA 1. Comanche Street, from North Staples to Carancahua Street, 2. Artesian Street, from Lipan Street to Blucher Street, 3. Carrizo Street, from Lipan Street to Blucher Street, and 4. Lipan Street, from North Staples to Carancahua Street; Minutes Regular Council Meeting August 26, 1981 Page 16 AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AS ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 16491: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ISLES CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE COURTHOUSE AREA STREET IMPROVEMENTS PROJECT; APPROPRIATING $272,000 OUT OF THE NO. 220 STREET BOND FUND OF WHICH $254,795.50 IS FOR THE CONSTRUCTION CONTRACT AND $17,204.50 IS FOR ADDITIONAL ENGINEERING, LEGAL ADVERTISING, INCIDENTAL AND RELATED EXPENSES APPLICABLE TO PROJECT NO. 220-77-19, COMANCHE, CARRIZO AND ARTESIAN STREETS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 16492: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SOUTHWEST-RATHGEBER, INC. FOR DEMOLITION OF THE SOUTHGATE SCHOOL FOUNDATION IN CONNECTION WITH EXPANSION OF THE BEN GARZA PARK, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $4,980 OUT OF THE NO. 291 PARK BOND FUND APPLICABLE TO PROJECT NO. 291-77-4.11, BEN GARZA AND T. C. AYERS PARK; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 16493: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SECHRIST-HALL COMPANY FOR REPAIR TO THE ROOF OF THE MEMORIAL COLISEUM DAMAGED BY HURRICANE ALLEN; AUTHORIZING A FUND TRANSFER OF $100,000 FROM THE NO. 126 REVENUE SHARING FUND TO THE GENERAL FUND RESERVE 901-521.99 CODE 499, AND A FUND TRANSFER OF $190,000 FROM THE NO. 102 GENERAL FUND RESERVE 901-521.99 COLISEUM AND EXPOSITION HALL (255-513.31, CODE 502); APPROPRIATING $190,000 OUT OF THE NO. 102 GENERAL FUND RESERVE OF WHICH $181,671 IS FOR CONTRACT AWARD TO SECHRIST-HALL COMPANY AND $8,329 IS FOR ADDITIONAL ENGINEERING, LEGAL ADVERTISING, AND CONTINGENCIES AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 16494: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DEBER, INC. OF CORPUS CHRISTI FOR RECONSTRUCTION OF THE O. N. STEVENS LEVEE; TRANSFERRING $85,000 FROM THE NO. 141 WATER FUND RESERVE, DEPARTMENT 361, ACTIVITY 541.99, TO THE HURRICANE ALLEN DAMAGE ACCOUNT, DEPARTMENT 361, ACTIVITY 541.91 (HURRICANE ALLEN DAMAGE) OF WHICH $79,080 IS FOR THE CONTRACT AWARD AND $5,920 IS FOR ADDITIONAL ENGINEERING, LEGAL ADVERTISING AND CONTINGENCY AND RELATED EXPENSES; AND DECLARING AN EMERGENCY. • `es Aar Council Meeting August 26, 1981 Page 17 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dunphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 16495: AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 TO THE CONTRACT WITH A. ORTIZ PAVING COMPANY FOR PAVEMENT REPAIRS TO THE CORPUS CHRISTI MUNICIPAL MARINA; APPROPRIATING $3,726.10 OUT OF THE NO. 291 PARK BOND FUND APPLICABLE TO PROJECT NO. 291-77-13, MARINA T -HEADS AND L -HEAD PAVEMENT REPAIR FOR PAYMENT TO THE CONTRACTOR; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 16496: AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR THE ACQUISITION OF TWO LOTS FOR THE EXPANSION OF THE WATER DIVISION STORAGE YARD FROM MR. JOE ADAME, TRUSTEE; APPROPRIATING OUT OF THE NO. 141 WATER FUND, 141-361-541.45-501, $27,400 OF WHICH AMOUNT $27,000 IS FOR ACQUISITION AND $400 IS FOR COSTS RELATED TO CLOSING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 16497: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT TO THE CURRENT CONTRACT BETWEEN THE CITY AND THE WOMEN'S SHELTER FOR THE PURPOSE OF INCREASING THE FUNDING LEVEL BY $8,000 FOR A TOTAL OF $18,000, ALL OF WHICH IS DERIVED FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHICH HAD BEEN PREVIOUSLY APPROVED; ALSO INCREASING THE TERM OF THE CONTRACT BY TWO YEARS FOR A TOTAL OF SEVEN YEARS (NOVEMBER 21, 1979 TO NOVEMBER 20, 1986), A SUBSTANTIAL COPY OF WHICH AMENDMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; ALSO AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER RELATED DOCUMENTS IN THE IMPLEMENTATION AND CONTINUATION OF THE AFORESAID PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 16498: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NUECES COUNTY, TEXAS, FOR THE OPERATION OF THE NUECES COUNTY'S HILLTOP COMMUNITY CENTER FOR THE PURPOSE OF PROVIDING CORPUS CHRISTI CITIZENS IN THE HILLTOP AREA AN OPERATING COMMUNITY CENTER, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; SUCH CENTER TO BE OPERATED BY THE COUNTY FOR 12 MONTHS AT A COMPENSATION OF $10,000, PAYMENTS TO BE MADE ON A MONTHLY BASIS OF $834; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dunphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, "absent". Minutes Regular Council Meeting August 26, 1981 Page 18 ORDINANCE NO. AMENDING THE SECTION 2-260, COUNTY JUDGE EMERGENCY. 16499: CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING INDUSTRIAL BOARD, MEMBERSHIP - CHAIRMAN, BY ADDING TO EX -OFFICIO MEMBERSHIP AS NO. 4; AND DECLARING AN The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 16500: AMENDING THE MASTER PLAN AS AMENDED, FOR STORM'. DRAINAGE FOR THE AREA SOUTH AND WEST OF THE CITY OF CORPUS CHRISTI, TEXAS, AS PREPARED BY BLUCHER AND NAISMITH, INC., BY AMENDING PLATES 9, 10, 12, AND 13 TO CREATE A DRAINAGE OUTFALL INTO THE BEAR LANE DITCH AT HEINSOHN ROAD PROVIDING FOR SHIFTING CHANNEL NO. 7 WESTERLY AND DRAINING TOWARD BEAR LANE, PROVIDING FOR DRAINING A 77 ACRE TRACT OUT OF THE AREA F -N-2 NORTHERLY TO BEAR LANE IN LIEU OF SOUTHERLY, PROVIDING FOR DELETING THE EAST -WEST CHANNEL BETWEEN CHANNEL NO. 8 AND CHANNEL NO. 7 NORTH OF BEAR LANE, AS SHOWN ON EXHIBIT "A",ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AEMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 16501: AMENDING ORDINANCE NO. 16428 WHICH ADOPTED THE 1981-82 BUDGET, BY REAPPROPRIATING $30,000 FROM THE TOURIST AND CONVENTION FUND RESERVE, ACTIVITY 531.99 AND TRANSFERRING $30,000 TO ACTIVITY 531.01 FOR THE PURPOSE OF INCREASING THE APPROPRIATION FOR THE TOURIST AND CONVENTION BUREAU CONTRACT FROM $670,000 TO $700,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 16502: ANNEXING A 67.99 -ACRE TRACT, MORE OR LESS, BEING OUT OF LOTS 22, 23, 24, 26, ALL OF 27 AND A PORTION OF 28, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, MORE PARTICULARLY DESCRIBED HEREINAFTER, SITUATED IN NUECES COUNTY, TEXAS, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER, ARTICLE I, SECTION 2(b); PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and following vote: Jones, Turner, Dumphy voting, "Aye", Kennedy, "absent". ORDINANCE NO. 16503: RESOLUTION IN MEMORY OF DR. E. L. MAR COLLEGE; AND DECLARING AN EM The Charter Rule was suspended and following vote: Jones, Turner, Dumphy voting, "Aye"; Kennedy, "absent". the foregoing ordinance passed by the , Gulley, Hawkins, Kennedy and Zarsky HARVIN, FORMER PRESIDENT OF DEL ERGENCY. the foregoing ordinance passed by the , Gulley, Hawkins, Kennedy and Zarsky les Aar Council Meeting ugust 26, 1981 Page 19 ORDINANCE NO. 16504: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF REYNALDO R. BARRERA BY GRANTING A SPECIAL COUNCIL PERMIT FOR CONSTRUCTION OF A MOTEL COMPLEX ON LOTS 190 AND 191, BLOCK 8, BEACH HOTEL ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 16505: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF EDWAYNE PREISMEYER BY GRANTING A SPECIAL COUNCIL PERMIT FOR CONSTRUCTION OF AN IAR CONDITIONING SALES OUTLET ON LOTS 8, 9, 10, AND 11, BLOCK B, TWO FOUNTAINS UNIT 1, SIUTATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, Aye"; Kennedy, "absent". ********** *** Mayor Pro Tem Turner departed the meeting at 4:40 p.m. ********* Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Ramos, 3005 David Street, registered a' complaint against his neighbor who apparently is operating a wrecker service out of his home in a residential area and explained that the loud noise, particularly with the CB radio disturbs his family all night and they are unable to sleep: Mr. Ramos stated that he had taken the matter to Municipal Court without any positive results. He stated that the property owner next door to him, who apparently is operating a business is Mr. Henry Ayala at 3009 David Street. City Manager Townsend expressed the opinion that this is a violation and suggested that Mr. Ramos meet with Deputy City Manager Ernest Briones and Minutes Regular Council Meeting August 26, 1981 Page 20 Administrative Assistant Tom Basile to attempt to resolve this matter. Mr. Walter Sheehan, 469 Paloma Street, stated that he owns and operates a business in Gregory -Portland which necessitates his driving down Shoreline every day. , He stated that he had been very disturbed by the number of transients and vagrants who seem to be sleeping in the parking lots of the Coliseum and Exposition Hall and camping in the parks, which is public property. He also stated that they apparently consume alcohol which he felt should not be allowed on public property. Mayor Jones informed Mr. Sheehan that this subject has been discussed. City Manager Townsend agreed that Mr. Sheehan's comments were correct in that the City has had a profusion of people who are not residents sleeping in the parks and on public property. He stated, however, that they are not camping on a regular basis because they come and go and different transients are there at different times. He informed the Council that the Code of Ordinances does not really address this problem because the people are not really drunks but are usually transients who have arrived in the City and have no place to stay. He assured the Council that the staff is aware of the problem but it has not been resolved as yet. Council Member Zarsky commented that one of the problems of this City's growth is that people come to Corpus Christi possibly looking for jobs for which they may not be qualified. He expressed the opinion that as long as they are not harming anyone or posing a danger to anyone, there does not seem to be any problem with allowing them to sleep in the parks and on public property as long as it is not a permanent situation. Council Member Gulley agreed that the problem has been much worse this year but he felt that it would decrease in the winter months. Mr. Gulley concurred with Mr. Sheehan that this should not be allowed. City Manager Townsend assured the Council that the staff is working on the problem. Mr. Sheehan suggested closing the T -Heads and the Bayfront area at night to prevent this practice. Council Member Hawkins noted that there possibly could be a safety hazard in that someone could slip on the seawall and injure themselves with all of the glass bottles that are around. • tes lar Council Meeting a,,gust 26, 1981 Page 21 Mayor Jones suggested that the staff present a report on this problem to the Council. Council Member Dumphy stated that he had been concerned about this for some time and suggested that the staff check with other cities along the Coast to see how they deal with such situations. Council Member Gulley suggested that a report be presented in three weeks and City Manager Townsend stated that he had the Police Department and the Park Board investigating the matter. Motion by Gulley that this subject be listed as a discussion item in three weeks; seconded by Dumphy; and passed unanimously. Mr. Richard Dowling, 14146 Bounty Street on Padre Island, stated that he had read in the Corpus Christi Caller -Times that the City Manager had recommended that an annexation election be held on November 3, 1981, which would include Padre Island. He referred to the article in the newspaper in which the City Manager alledgedly had stated that the people on Padre Island do not pay City taxes or other expenses. Mr. Dowling denied these charges stating that they pay higher utility rates than residents in the City; they purchase everything they need within the City limits including sales taxes; they pay a fee for Flour Bluff Volunteer Fire Department Service, and if annexed, he questioned whether the City would provide the island with Police and Fire protection, animal control, trash and garbage collection and also questioned when such services would be provided. He noted that if a bond election is held in January or February, possibly funds for support of the newly annexed areas could be included but he felt that Padre Island should not be annexed until the City is ready to provide all of the services mentioned above. Council Member Kennedy informed Mr. Dowling that a representative of Padre Island appeared before the Council during the morning Workshop meeting and requested such annexation. He stated that this was the president of Padre Island Development Corporation and the Council assumed he was representing the people who resided there. Mr. Dowling indicated that he was not aware of this because they only have a property owners meeting once a year. Minutes Regular Council Meeting August 26, 1981 Page 22 Mayor Jones explained to Mr. Dowling that there are certain things that the City has to do when property is annexed and in his opinion, it is timely that Padre Island become a part of Corpus Christi. He assured Mr. Dowling that there will be a public hearing held in regard to annexation prior to the election and pointed out some of the advantages of being a part of the City. City Manager Townsend explained to Mr. Dowling that City services, with the exception of the maintenance of the bulkhead, would have to be provided within 60 days to annexed areas. He also disagreed with the statement made by Mr. Dowling that they pay a tax for Flour Bluff Volunteer Fire Department service, stating that that had never been allowed. Mr. Dowling stated that he has received a bill for taxes for the fire district and City Manager Townsend reiterateded that the County does not charge tax for volunteer fire protection, indicating that he would like to see the actual bill received by Mr. Dowling. Council Member Zarsky inquired of Mr. Dowling if his insurance premium was not higher since he lived outside the City limits, but Mr. Dowling explained that he had checked this and had been told that his insurance rates were set in error and are too low for the location of his home. City Manager Townsend referred to an earlier request for information in regard to the costs for renting Exposition Hall and other facilities and provided the following information: Exposition Hall rent is $150; a facility in the Convention Center is $450; and the Coliseum is $330. City Manager Townsend stated that he would like to withdraw item 10 from the City Manager's Reports even though it had previously been approved as amended. He stated that Airport personnel had been in contact with the Department of Transportation of FAA and they would like to revise their recommendation for the application to be submitted. City Manager Townsend then presented for the Council's consideration the following revision. He recommended that: Item No. 10 of the City Manager's Reports be revised so that the City's application to the Federal Aviation Administration will include as priority 1, approximately $213,000 for fill and grading rtes alar Council Meeting ....gust 26, 1981 Page 23 safety areas between Runways 31 and 35; priority 2, approximately $110,000 for a standby generator and building; priority 3, $550,000 for a 300' extension of the commercial apron to the west; and priority 4, acquisition of land as generally set forth in agenda item 10. As to priorities 1, 2, and 3, the local 10% will be approximately $87,300 and the Federal Share (90%) will be $785,700. Motion by Zarsky to reconsider item 10 of the City Manager's Reports and approve the foregoing revision; seconded by Dumphy; and passed unanimously. ********* Motion by Dumphy that the Council convene in closed session under the Authority of Article 6252-17C of V.A.C.S. to discuss litigation; seconded by Turner; and passed unanimously at 5:10 p.m. Mayor Jones reconvened the Regular Council Meeting at 5:43 p.m. Motion by Kennedy that the City Council meet at 8:00 a.m., September 2, to discuss annexation; seconded by Zarsky; and passed unanimously. There being no further business to come before the Council, on motion by Kennedy, seconded by Gulley, and passed unanimously, the Regular Council meeting was adjourned at 5:45 p.m., August 26, 1981. r',A 'f r c I,cLUTHER JONES, Mayor of the°City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of July 1, 1981,.through July 29, 1981, inclusive, and having been rc „`previously approved'by_;Council action, are by me hereby approved as itemized: 7/01/81 - Regular Meeting 7/01/81 - Special Meeting 7/08/81 - Regular Meeting 7/15/81 - Regular Meeting 7/15/81 - Special Meeting 7/22/81 - Regular Meeting 7/22/81 - Special Meeting 7/22/81 - Special Meeting 7/29/81 - Regular Meeting 7/29/81 - Special Meeting