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HomeMy WebLinkAboutMinutes City Council - 10/14/1981MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 14, 1981 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley Herbert L. Hawkins Dr. Charles W. Kennedy Cliff Zarsky VokiLL4' Acting City Manager Ernest Briones City Attorney Bruce Aycock Acting City Secretary Dorothy Zahn Mayor Luther Jones called the meeting to order in the Council Chambers of City Hall. The invocation was given by Reverend A. A. Russert of St. John Evangelical Lutheran Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Herbert Hawkins. Acting City Secretary Dorothy Zahn • called the roll of required Charter Officers and stated that the necessary quorum was present of conduct a legally constituted meeting. Motion by Council Member Hawkins, that the minutes of the Special Council Meeting of October 3, 1981 and the Regular Council Meeting of October 7, 1981 be approved, seconded by Council Member Charles Kennedy. Council Member Zarsky noted that there was a correction to be made to the minutes of October 7, 1981 on page 8 regarding the annexation areas C and D. Motion by Mayor Pro_ Tem Betty Turner to correct the minutes of October 7, 1981, seconded by Council Member Hawkins, and passed unanimously. Mayor Jones called for the vote on the previous motion to approve the minutes and it passed unanimously. Mayor Jones announced that the following proclamations had been issued: "UNITED STATES MARINE BAND DAY" - October 13, 1981; "NAVY BIRTHDAY" -October 13, 1981; "DAY IN COURT FOR LEGAL SECRETARIES" - October 14, 1981; "ALCOHOLISM AWARENESS DAY" - October 15, 1981; "DENTAL ASSISTANTS RECOGNITION WEEK" - Octpber 18-24, 1981; "YORKTOWN BICENTENNIAL YEAR" - October 19, 1981; "DR. W. H. COLSON FJLMED `SUP 191994 Minutes Regular Council Meeting October 14, 1981 Page 2 DAY" - October 19, 1981; and "NATIONAL BUSINESS WOMEN'S WEEK" - October 19 - 25, 1981. ate' Mayor Jones called for confirmation of the appointments to Boards 'and Commissions that were made during the workshop meeting. Motion bIP Mayor Pro Tem Turner, seconded by Council Member Hawkins, and passed unanimously that the following appointments be confirmed: NUECES COUNTY TAX APPRAISAL DISTRICT: TERM TO EXPIRE Mr. Nat Friedman (Place 3) - Reappointment 1-01-84 Mr. Orlando Leal (Place 4) - Reappointment 1-01-84 SISTER CITY COMMITTEE: TERM TO EXPIRE Ms. Belia Martinez 5-83 Motion by Mayor Pro Tem Turner that the profile for city manager applicants presented by Korn/Ferry International be approved; seconded by Council Member Jack Dumphy; and passed unanimously. Mayor Jones stated that the profile was public information. * * * * * * * * * * * * Mayor Jones then called for the City Manager's Reports. Acting City Manager Briones presented the following items with related comments and expla- nations and recommended that: 1. The bid opening date for the Tracy Addition Street Improvements project be changed from November 3 to November 4, 1981. November 3, is a Tuesday and was inadvertently recommended. 2. Plans and specifications for the installation of a sprinkler system for the Oso Golf Course be approved and bids be received November 11, 1981. A system of up to 36 electrically operated controllers will control the sprinkler system on fairways, greens and tees. Irrigation water is provided by an existing reservoir which is supplied by treated effluent from the Oso Treatment Plant. 3. Plans and specifications be approved for the softball complex in Bill Witt Park and bids be received November 4, 1981. The project includes the construction of a lighted, four field complex complete with concession stand, press box, fencing, bleachers, irrigation system, restrooms, and parking and is very similar to the existing softball complex in Greenwood Park. A recreation and Open Space Grant through the Texas Parks and Wildlife Department in the amount of 50% of the cost has been approved for this project, and it will be supplemented by 1977 Park Bond funds as the softball complex was included in the 1977 Bond Program. '4inutes _gular Council Meeting Jctober 14, 1981 Page 3 4. The Cole Park Fishing Pier Reconstruction project be accepted and final payment of $40,080.38 for a total of $205,288.38 be made to the Goldston Corporation. This project consisted of replacing the T -section, several deck sections, handrails and restoring electrical and water systems on the pier damaged during Hurricane Allen. 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. Council Member Kennedy inquired about the light fixtures in Cole Park and Assistant City Manager I.ontos explained that the light fixtures had had a defective weld. 5. A standard form blanket agreement be approved with the State Department of Highways & Public Transportation for the installation, operation and maintenance of traffic signals to be installed in the City, and financed through Federal -Aid Safety Funds. Under the terms of this agreement, the State will design and install the traffic signal improvements. The City will be responsible for operating and maintaining the signals after installation. The State recently completed traffic signal improvements at 15 intersections using Federal -Aid Safety Funds and will soon be making improvements at Staples Street and Carroll Lane and at Greenwood Road and Horne Road. A blanket agreement will eliminate the need for individual agreements on each project. A similar agreement for traffic signal installation at freeway intersections was approved in 1975. 6. Bids be received November 3, 1981, for bus Lire leasing service for Transit for a period of three years with an option to extend for up to an additional three years subject to approval of contractor and the city manager. 7. The request of Mr. J. P. Fisher, doing business as Bell Cab Company, Inc. , to purchase Corpus Christi Transportation Company, Inc., be approved. Corpus Christi Transportation has permits to operate 39 taxicabs. The franchise which expires in 1983, requires City Council approval of any change in ownership. Mr. Fisher is the owner of Bell Cab Company in San Antonio, where he has permits for 270 cabs. It is further recommended that the ordinance passed on August 5, 1981 approving the transfer of the franchise to Corpus Christi Yellow Cab Company be repealed. The transfer was never consumated. 8. Twelve months supply agreement for an estimated 91 rolls of various widths and' colors of reflective sheeting; 30 gallons of transparent processing paint, toper and thinner; 5 cans sealer; and 10 quarts of sand blast filler for an estimated $]9,200, be approved for Traffic Engineering to 3-M Company, St. Paul, Minnesota on the basis of low bid. The material is used in manufacturing traffic signs. Bids were received from 3 firms. 9. Subsurface sludge injection equipment for the Westside Wastewater Treatment Plant be purchased on the basis of low bid meeting specifications as follows: Gulfside, Inc. , Corpus Christi Tractor Power Unit $ 49,158.00 Briscoe Maphis, Boulder, Colorado Injection Plow • 660' of Irrigation Hose $ 54,774.00 5,854.20 Subtotal-- $ 60,628.20 Grand Total - $109,768.20 Minutes Regular Council Meeting October 14, 1981 l',ige 4 (9) cont'd The apparent low bid of $11,021 by Ag -Chem I;quipnient. company of Minneapolis does not meet specifications. The unit is not capable of pulling a hose during the injection process as specified. Bids were received from three firms. Currently, the City has one complete unit for the subsurface injection of sludge. This additional unit will reduce transportation costs between the Oso, Westside and Allison plants and will also serve as a backup unit. 10. A hearing be held on November 4, 1981 on an appeal from the decision of the Planning Commission on the plat of Allen and Cameron Industrial Park Unit 2 requiring the construction of one-half of Sedwick Road. The property is located east of Southern Minerals Road between Leopard and Sedwick Road. 11. A contract. for 12 months be approved with the Community Development Corporation effective August 1, 1981 for $52,000 for the following services. a. Loan review, $6,000 annually from Community Development Block Grant funds. b. Continued operation of the Demonstration Rehabilitation Program, $24,000 from Community Development Block Grant. Funds. c. $22,000 for both multi -family and single-family housing stimulation and housing counseling from the General Fund as provided in the 1981-82 budget. Mayor Pro Tem Turner asked what was exactly involved in housing counseling and Acting City Manager Briones stated that they collect money on delinquent house payments and work out budgets for the participants. She also inquired if the City had ever spent this much money previously on this kind of program and Mr. Briones stated that they had and that CDC was doing a good job. Mrs. Turner asked what the consequences would be if the city did not fund this program and Mr. priones stated that the program would cease to exist. Council Member Dumphy elaborated on Mr. Briones' remarks stating that it was a very good program and it would be difficult for the city to do the job. He also stated this program was just as good as any other program the Council had funded. Mr. Briones stated that he could not see why the counseling services of the Community Development. Corporation and the City Neighborhood improvement Division ' tsiuld not be combined; tlyerefore, just having one group counseling. Council Member Kennedy asked if this contract could in' delayed and Mr. Briones stated that it could not since it had been in effect since August 1, 1981. Mr. Briones suggested that this matter be studied this year and a change be considered prior to 8/1/82. ''nutes • gular Council Meeting tober 14, 1981 Page 5 Council Member Bob Gulley asked what the $22,000 from the General fund was for and Mr. Briones stated that the only separation in Lhe money was the source. Council Member Gulley stated that he did not like the idea of using local tax money for this purpose, but thought that using the federal money was acceptable. Council Member Kennedy inquired as to the feasibility of combining the City's housing counseling and the counseling of CDC. Assistant City Manager Tom Utter stated that CDC provides counseling outside of the City and the Neighborhood Improvement office provides counseling for the 312 housing loans and emergency housing. 12. A contract be approved with the Nueces County Community Action Agency relating to the implementation of a City-wide weatherization program. This weatherization program will be directly beneficial to lower and moderate income families and elderly and handicapped. A total of $60,000 will be utilized for the purchase of materials. Funds are in the 7th Year Community Development. Block Grant Program. The Community Action Agency has been operating a weatherization program for a number of years. Approximately, 50 dwelling units will be weatherized. 13. An industrial subdivision park deferment contract for L.ot 1, Block 1, Meaney Industrial Tracts be approved. A 3.56 acre tract located north of Interstate Highway 37 and west of Suntide Road is proposed to be utilized for industrial purposes. If any of the lots are used for other than industrial purposes, the owner of those lots must make a payment tri lieu of park dedication for the lots. 14. Voluntary annexation contracts be approved with the property owners in River Hills Subdivision. Annexation will not occur prior to October 31, 1985. 15. A maintenance service agreement for three elevators and two escalators at the Convention Center be approved with Emco Elevator Co., Corpus Christi, on the basis of low bid of $505 per month. The contract is through February 1, 1983 so as to run concurrent with other City elevator maintenance contracts. 16. The City's position be reaffirmed in opposition to proposed State legislation prohibiting home rule cities from annexing beyond one mile into the Gulf of Mexico and its bays and estuaries. The City has been requested to testify on this matter at a meeting of the Texas Senate Committee on Natural Resources in Galveston on October 30, 1981 17. The purchase of a Police training facility with a shooting range at 4510 Corona near So. Padre Island Drive be approved with an initial down payment of $50,000 from Revenue Sharing and an additional payment of $470,000 to be financed through the sale of certificates of obligation. In addition, the owner intends to donate $118,000 of shooting range equipment to the City. Minutes Regular Council Meeting October 14, 1981 Page 6 Mayor Pro Tem Turner asked if the City could even sell the Certificates of Obligation. City Attorney Bruce Aycock stated that there was an amendment. to the state statutes pertaining to Certificates of Obligation that allows a home rule city to issue these. There was some question about the .68$ tax rate being Tess than the $1.50 minimum, but that is no longer a problem. Council Member Kennedy stated that he was not personally in favor of the Certificates of Obligation, but he is aware of the need for the Police training facility. Mayor Jones stated that the Certificates of Obligation were completely legal and if the City didn't finance the building this way, it would be two or three years before it could be done. He also stated that the Council could not support anything that leads to a tax increase. Council Member Gulley stated that he interpreted the sale of the Certificates of Obligation as putting the citizens in debt without going 10 the polls and that the Certificates of Obligation should be used on an emergency basis only. 18. Industrial district agreements be approved with Joe D. Hughes, Inc. and Texas Pipe and Supply Company, Inc. Both companies have submitted signed agreements containing the minimum payments provision based on 100% of $1,000,000 of improvements. Upon approval of the agreements, both companies will be asked whether they wish to have the agreements amended to eliminate the minimum payments provision in accordance with the motion passed by the City Council last week. Joe D. Hughes, Inc. is located at the northeast corner of Interstate 37 and Hunter Road. Texas Pipe and Supply is located at the northwest corner of Interstate 37 and Suntide Road. 19. The industrial district policy ordinance be amended to provide two standard industrial district agreements. A company could execute either one of the two agreements. The first agreement would be the same as the one which has been previously executed by most of the companies in the industrial area. The second agreement would provide for a payment based on 100% of the ad valorem taxes on the land 50% of the ad valorem taxes on improvements and a 15% surcharge if the industry is not a member of the Refinery Terminal Fire Company with no minimum payment, no credit for new improvements and no alternative payment for industries with land inside the city. 20. Industrial district agreements be accepted from the following companies and they be excluded from the November 3, 1981 annexation election as provided in the ordinance ordering the election passed last week. These companies submitted agreements by the 5 p.m., October 13, 1981 deadline specified in the election ordinance. This motion confirms and fixes the area subject to annexation proposition No. C described in the aforesaid ordinance ordering the annexation election. 'inutes :gular Council Meeting Jctober 14, 1981 Page 7 (20) cont'd Lambert and Frondren Construction Company McKenzie Contractors, Inc. Donald W. Phillip dba J. D. Concrete Unit. Step Company Custer's Welding Service, Inc. H. S. Sizemore & Son Company Navigation Fuel and Scale Company, Inc. David Royal ' Earl C. Dunn et al and John E. Reichert Hallmark Contracting, Inc. Nueces Ford Tractor, Inc. Floyd Logue Oil Field Equipment, Inc. J. H. Spurlock Robert E. Jenkins (CJB Construction Company) Coastal Compressor, Inc. Baraza Trucking B. R. M. Enterprises, Inc. W. T. Young Construction Company A & G. Utility Company, Inc. Anslinger, Inc. Hoyte Gentry G & A Properties R. S. Black Tejas Metals, Inc. Ordinance authorizing execution of these agreements will be placed on the agenda after the land descriptions have been verified. Mayor Jones asked what the taxes will be on these industries. Mr. Briones stated that when they had the contracts and descriptions, they would provide the Council with the information. Mayor Jones inquired if there were comments from the audience on the City Manager's Reports. Mr. J. E. O'Brien, 4130 Pompano, spoke in regard to Ordinance #1 and #2 stating that the information the Council receives is based on what the city staff reports to them. He stated that he would like these two ordinances tabled and provided the Council with the following information. In 1979 the County's valuation of the property for the police training facility was $112,012, improvements $73,629 and land $39,383. In 1979 the City's valuation of the property was $173,690, improvements $138,082 and land $35,608. In 1981 the City's valuation of the property is $176,084, improvements $140,476 and land $35,608. He stated that there had been no significant increase in the City's valuation of the property in three years and the Council should table these matters until the staff provides a report. Mayor Jones asked if Mr. O'Brien was speaking as a representative of The Taxpayers Association and Mr. O'Brien stated that he was. Mayor Jones then asked if the association had taken a stand on the annexation propositions and Mr. O'Brien stated the Association was in agreement with the annexation. Minutes Regular Council Meeting October 14, 1981 Page 8 Acting City Manager Briones stated that the staff would check on the figures that Mr. O'Brien quoted prior to final passage of the ordinances. Mr. O'Brien then stated that the County's figures for 1981 were $251,453, 8186,298 for ktproveinentss and land value 8115,155, and the. City's land value • P +• has not changed in 'three' years. Mayor Jones requested that the Council be provided more information in their Friday packets. There were no other comments from the audience on the City Manager's Reports. Motion by Council Member Zarsky that the City Manager's Reports, items 1 through 20 be approved as presented; seconded by Council Member Hawkins and passed by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting "Aye" on all of the items; Gulley and Turner voting "Aye" on items 1 through 20, with the exception of item 17 on which they voted "Nay". * * * * * * * * * * * * Mayor Jones announced the following tabled item: Mr. Brian J. O'Malley from "R -1B' to "B-4" on a lot located on the north side of Leopard Street approximately 350' east of East Harrington Drive. This application was heard last week and tabled until today because the 20% rule is in effect. The Planning Commission recommends "AB". Chief Planner Larry Wenger reviewed this application for the benefit of Mrs. Turner and Mr. Kennedy who were absent when this item was presented. He stated that it had been tabled last week because the 20% rule is in effect which requires six affirmative votes of the Council to approve the ordinance changing the zoning. Mr. Wenger stated that the staff recommended denial of "B-4" but there were no problems with "A -B". Motion by Gulley to grant "A -B" zoning as recommended by the Planning Commission; seconded by Herbert Hawkins; and passed unanimously. * * * * * * * * * * * * Mayor Jones these presented the following tabled matter: Request to amend the Platting Ordinance to waive the sidewalk requirement for the Coles Industrial Subdivision. The proposed subdivision contains 27.9 acres and is located on County Road 48 east of Highway 77 and the Five Points area outside of the City. The developer is proposing to rtes alar Council Meeting _ _ober 14, 1981 Page 9 (cont'd) construct a 40' wide street with curbs and gutters only. The Platting Ordinance requires construction of 4' concrete sidewalks. The item was last tabled for two weeks on September 30, 1981 to allow the development of a contract• wherein the developer agrees to submit plans for construction of sidewalks in the subdivision with construction not to occur until the City Council reviews the matter of sidewalks in industrial subdivisions. The subject of annexation of the subdivision when it becomes contiguous to the City was tabled until Mr. Cole could comment. Mr. Cole has requested that the sidewalk and annexation matters be further tabled until October 28. Motion by Zarsky to table this item until October 28, 1981; seconded by Turner; and passed unanimously. * * * * * * * * * * * * . Mayor Jones then announced the public hearing on the following: Changing the name of Saraline Drive, an undeveloped street located south of Wooldridge Road and north of Saratoga Boulevard, to Cimmaron Boulevard. The Planning Commission recommends the change. Mayor Jones asked if there was anyone present in the audience who opposed this name change and there was no response. Motion by Gulley that the hearing be closed; seconded by Turner; and passed unanimously. Motion by Gulley that Saraline Drive be changed to Cimmaron Boulevard; seconded by Zarsky; and passed unanimously. * * * * * * * * * * * * Mayor Jones called for the ordinances. Acting City Manager Briones briefly explained the ordinances on the agenda. Mayor Jones indicated that he• would attend the hearing on October 30, 1981 to speak on behalf of the City regarding the proposed legislation prohibiting home rule cities from annexing beyond one mile from the Gulf shoreline and the proposed legislation deannexing any portion of any home rule city. There were no comments from the audience on the ordinances; Acting City Secretary Dorothy Zahn polled the Council for their votes; and the following ordinances were approved: FIRST READING: ORDINANCE AUTHORIZNG THE ISSUANCE OF INTEREST BEARING CERTIFICATES OF OBLIGATION, SERIES, 1981. The foregoing ordinance was read for the first time and passed to its second reading by the following • vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Minutes Regular Council Meeting October 14, 1981 Page 10 FIRST READING: AUTHORIZING THE PURCHASE OF LAND AND BUILDINGS FROM N. E. NORTON AND DORIS NORTON, LOCATED AT 4510 CORONA DRIVE, CORPUS CHRISTI, TEXAS, TO BE USED AS A POLICE TRAINING FACILITY; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS RELATED TO SUCH PURCHASE; AND APPROPRIATING A TOTAL OF $522,768.80 OUT OF 266 POLICE BUILDING BOND FUND, PROJECT 266-81-1 POLICE TRAINING FACILITY OF WHICH $520,000.00 IS FOR ACQUISITION AND $2,768.80 TS FOR CLOSING COSTS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". SECOND READING: AUTHORIZING THE CITY MANAGER 'PO EXECUTE AN AGREEMENT WITII MR. GABE HERNANDEZ FOR CONCESSIC)N PRIVILEGES A'I' THE CONCESSION BUILDING AT THE McGEE BEACH, SAID AGREEMENT FC)R A PERIOD OF FIVE YEARS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, FIawkins, Kennedy and Zarsky voting, "Aye". SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH KENNETH R. PRESCOTT, DBA FISHERMAN'S FOLLY f'OR THE USE OF 0.824 ACRES OF THE COASTAL PUBLIC LANDS, SITUATED AT THE HUMBLE CHANNEL CROSSING ON THE PADRE ISLAND CAUSEWAY, FOR FIVE YEARS FOR CONSTRUCTION AND OPERATION OF A BAIT STAND FOR MONTHLY RENT PAYMENTS OF $72 IN CALENDAR YEAR 1981 AND $120 THEREAFTER, ALL AS MORE FULLY SET F'ORTH IN `I'FIF. AGREEMENT, A SUBSTANTIAL. COPY OF WHICH I5 ATTACHED HERETO AND MADE A PART HEREOF', MARKET) EXHIBIT "A"; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A LESSOR'S AGREEMENT WITH THE U. S. SMALL BUSINESS ADMINISTRATION REGARDING SAID BAIT STAND BUSINESS, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "B". (First Reading - 10/7/81) The foregoing ordinance was read for the second time and passed to its third and final reading by the following vote: Jones, Turner, Dumphy, Gjtlley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 16592: AUTHORIZING TFIE CITY MANAGER TO EXECUTE LEASE NO. DOT-FA76SW-1313 WITH THE UNITED STATES GOVERNMENT ACTING THROUGH THE FEDERAL AVIATION ADMINISTRATION FOR LAND TO BE USED FOR A VAN MOUNTED ENGINE GENERATOR, UNDERGROUND FUEL TANK, AND ASSOCIATED EQUIPMENT IMMEDIATELY NORTH OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT CONTROL TOWER FOR A TERM BEGINNING JULY 1, 1976, AND ENDING SEPTEMBER 30, 1976, AND FURTHER RENEWALS BY THE GOVERNMENT ON A YEAR TO YEAR BASIS BUT NOT TO EXTEND BEYOND SEPTEMBER 30, 1991, ALL AS MORE FULLY DESCRIBED IN THE LEASE AND SHOWN ON THE DRAWING NO. SW -C-8517, SUBSTANTIAL COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B". (First Reading - 9/30,81, Second Reading - 10/7/81) The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarksy voting, "Aye". Minutes 'gulag Council Meeting tober 14, 19131 Page 11 THIRD READING - ORDINANCE NO. 16591: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MR. ADOLPH WITTNER AND MR. AND MRS. BILLY WAYNE BARTON DBA WITT'S BAIT & TACKLE FOR THE CONSTRUCTION AND OPERATION OF A BAIT STAND BUSINESS ON TRACT 10 OF THE COASTAL PUBLIC LANDS, BEING SITUATED AT THE HUMBLE CHANNEL CROSSING ON THE PADRE ISLAND CAUSEWAY FOR FIVE YEARS TO FURTHER PUBLIC RECREATION AND PROVIDING FOR MONTHLY RENT PAYMENTS OF $120, ALE AS MORE FULLY SET FORTH IN THEAGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO ANE) MADE A PART HEREOF MARKED EXHIBIT "A". (First Reading - 9/30/81, Second Reading - 10/7/81) 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. 16593: AMENDING SECTION 55-50 OF TIIE CITY CODE Or ORDINANCES 1976 REVISION, AS AMENDED BY ORDINANCE NO. 16446, PASSED AND APPROVED AUGUST 12, 1981, BY ADDING CERTAIN SCHEDULES THEREIN SO AS TC) PROVIDE FOR PUBLIC AGENCY FOR RESALE WATER RATES, AS MORE FULLY SET FORTH HEREIN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. (First Reading -9/30/81, Second Reading - 10/7/81) 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. 16594: APPROVING ADOPTION OF A STANDARD FORM BLANK ET AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE STATE DEPARTMENT OF' HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF TRAFFIC SIGNALS TO BE INSTALLED AT VARIOUS LOCATIONS IN THE CITY OI' CORPUS CHRISTI, FINANCED THROUGH FEDERAL -AID SAFETY FUNDS, DESIGNATED AS "MUNICIPAI. AGREEMENT (TRAFFIC SIGNAL SAFETY FUNDS, TYPE B)", IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16595: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THF. COMMUNITY DEVELOPMENT CORPORATION OF CORPUS CHRISTI FOR $52,000, BEGINNING AUGUST 1, 1981 THROUGH JULY 31, 1982, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXIIIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16596: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE NUECES COUNTY COMMUNITY ACTION AGENCY FOR IMPLEMENTATION OF A CITY WIDE WEATHERIZATION PROGRAM TO AID LOWER AND MODERATE -INCOME FAMILIES AND THE ELDERLY AND HANDICAPPED; APPROPRIATING $60,000 OUT OF THE NO. 162 FEDERAL/STATE GRANT FUND, FOR PROJECT NO. 157-807.23-245, EMERGENCY HOME REPAIRS ANI) WEATHERIZATION, AS ALLOCATED BY THE SEVENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT, ALL AS MORE FULLY SET FORTH IN THE Minutes Regular Council Meeting October 14, 1981 Page 12 AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16597: AUTHORIZING THE CITY MANAGER TO EXECUTE A PARK DEFERMENT CONTRACT WITH THE DEVELOPERS OF MEANEY INDUSTRIAL TRACT, LOT 1, BLOCK 1, WHEREBY THE REQUIREMENT THAT CERTAIN LAND BE DEDICATED FOR PARK PURPOSES IS WAIVED SO LONG AS EACH LOT OR PORTION OF A LOT IN THE SUBDIVISION IS UTILIZED FOR PURPOSES REQUIRING AN "1-2", LIGHT INDUSTRIAL, OR "I-3" HEAVY INDUSTRIAL, ZONING DISTRICT DESIGNATION WITH THE STIPULATION THAT IF ANY LOT IN THE FUTURE IS UTILIZED FOR OTHER THAN "I-2" OR "I-3" USES, THE OWNER PAY MONEY IN LIEU OF LAND DEDICATION PRIOR TO THE ISSUANCE OF A BUILDING OR OCCUPANCY PERMIT FOR THE LOT, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKET) EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the. following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16598: REAFFIRMING THE CITY OF CORPUS CHRISTI'S LEGISLATIVE POSITION OPPOSING ANY PROPOSED LEGISLATION PROHIBITING HOME RUIJ CITIES FROM ANNEXING BEYOND ONE MILE FROM THE GULF SHORELINE ANI) OPPOSING ANY PROPOSED LEGISLATION DEANNEXING ANY PORTION OF ANY HOME RULE CITY; 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. 16599: AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH TEXAS PIPE AND SUPPLY COMPANY, INC., FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 38"; EXEMPTING SUCH AREA FROM ANNEXATION AND PROVIDING FOR IAN ANNUAL PAYMENT IN LIEU OF TAXES TO THE CITY DURING THE TERM THEREOF; ALL AS MORE FULLY SET FORTH IN THE INDUSTRIAL DISTR)ICT AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO ND MADE A PART HEREOF, MARKED EXHIBIT 1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". -ORDINANCE NO. 16600: AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH JOE D. HUGHES, INC., FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS "CORPUS CHRITI INDUSTRIAL DISTRICT NO. 37"; EXEMPTING SUCH AREA FROM ANNEXATION AND PROVIDING FOR AN ANNUAL PAYMENT IN LIEU OF TAXES TO THE CITY DURING THE TERM THEREOF; ALL AS MORE FULLY SET FORTH IN THE INDUSTRIAL DISTRICT AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT 1; AND DECLARING AN EMERGENCY. `inules ;gular Council Meeting ,ctober 14, 1981 Page 13 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16601: AMENDING ORDINANCE NO. 15898, AS AMENDED, TO INCLUDE ALTERNATE STANDARD FORMS INDUSTRIAL DISTRICT AGREEMENT, SUBSTANTIAL COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBITS "1" AND "2"; 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. 16602: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE CONTRACTS BETWEEN THE CITY OF CORPUS CHRISTI AND ROBERT LF.E GREGORY, JR., ET AL, TRUE COPIES OF WHICH CONTRACTS ARE ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B", AND INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER THE NOTICE AND HEARING, FOR THE ANNEXATION OF LOTS ONE THROUGH TWENTY INCLUSIVE, RIVER HILL SUBDIVISION, NUECES COUNTY, TEXAS, 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 SEVERABLITY; 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. 16603: REPEALING ORDINANCE NO. 16443 WHICH APPROVED THE SALE OF CORPUS CHRISTI TRANSPORTATION COMPANY TO CORPUS CHRISTI YELLOW CAB COMPANY, INC.; APPROVING THE SALE OF CORPUS CHRISTI TRANSPORTATION COMPANY TO BELL CAB COMPANY, INC.; 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. 16604: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS Cl-PRISTI 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 PARTICULARL1Y AS AMENDED BY ORDINANCE NO. 6101, AS AMENDED, UPON APPLICATION OF HAROLD KRONKE BY AMENDING THE ZONING MAP BY CHANGING` THE ZONING OF LOT 13-B, BLOCK 3, HIGHWAY VILLAGE NO. 1, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-1$ ONE FAMILY DWELLING DISTRICT WITH "SP" TO "B-4" GENERAL BUSINESS DISTRICT WITH "SP" ON THE NORTH 90 FEET OF THE AFORESAID LOT 13-B, BLOCK 3, HIGHWAY VILLAGE NO. 1, FOR THE OPERATION OF AN ELECTRICAL SHOP AS MORE FULLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF AND SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Minutes Regular Council Meeting October 14, 1981 Page 14 ORDINANCE NO. 16605: 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 MR. BRIAN J. O'MALLEY, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 1, BLOCK 1, ROLLING ACRES NO. 2, SITUATED IN 'ttlf: CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS FROM "It -1 B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16606: 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 FRED BRASELTON TRUSTEE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 6, SECTION 7, BOHEMIAN COLONY LANDS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS FROM "A-1" APARTMENT HOUSE DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16607: 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 PJC PARTNERSHIP BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OUT OF LOT 17, SECTION 13, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-9" GENERAI, BUSINESS DISTRICT; KEEPING IN EFFECT ALL PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITII; 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 7 rSky voting, "Aye". * * * * * * * * * * * * Mayor Jones announced the public hearings on two zoning applications. Acting City Manager Briones announced the public hearing on Application No. 981-10, Mr. Fred Braselton, Trustee for change of zoning from "A-1" Apartment House District to "R -1B" One -family Dwelling District on 3.195 acres _ out of Lot 6, Section 7, Bohemian Colony Lands located on the east side of Greenwood Drive approximately 600 feet north of Lands Drive. Minutes gular Council Meeting tober 14, 1981 Page 15 Mayor Jones ascertained that no one in the audience was present to speak on this application. Motion by Turner that the hearing be closed; seconded by Hawkins and passed unanimously. Motion by Dumphy to approve the change of zoning to "R -1B" on Application No. 981-10; seconded by Turner; and passed unanimously. * * * * * * * * * * * * Acting City Manager Briones announced the public hearing on Application No. 981-11, PJC Partnership for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on 2.2 acres out of Lot 17, Section 13, Flour Bluff and Encinal Farm and Garden Tracts located at the southeast corner of South Staples Street and Williams Drive. Mr. Briones stated that of the notices mailed out, two in favor and none in opposition had , been returned and that both the Planning Commission and Planning staff recommended approval. No one spoke in regard to this application. Motion by Gulley that the hearing be closed; seconded by Turner; and passed unanimously. Motion by Gulley to approve the change of zoning on Application No. 981-11, to "B-4"; seconded by Hawkins; and passed unanimously. * * * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Ernest Carter, 1711 Stillman, stated that he was a board member of HIALCO and would like to address the Council regarding Oristez Miller who was shot by a police officer on October 3, 1981. He stated that the only investigation conducted was by the Internal Affairs Division of the Police Department and felt that it was impossible for a body to investigate itself. He presented the Council with a list of suggested names to select nine people to form an impartial citizen's committee to investigate the incident. Father Noel Davis, Holy Cross Catholic Church, read from a prepared statement, noting that the youth in question was an active member of the Minutes Regular Council Meeting October 14, 1981 Page 16 Church. He expressed the concern of the Miller family and the community. He questioned why the Grand Jury rushed through the hearings and why no witnesses were brought forward to the Grand Jury. He stated there were also conflicting reports on the incident and recommended that the list presented by Mr. Carter be accepted by the Council. Reverend Harold Branch, St. John's Baptist Church, stated that the death of Oristez Miller aggravated the restlessness that already existed in the Hillcrest area. He stated that there was confusion as to what really took place on October 3, and requested that consideration be given to Mr. Carter's request for a reviewing committee. Father Richard Shirley, Diocese of Corpus Christi, seconded the remarks made by Reverend Branch. He stated that the Catholic Church would like to act as a liaison between the public and the Police Department and offer their services in any way that may be needed. Mr. John Broomfield, 1401 Stillman, questioned the necessity for the police officer to shoot the young man under the "assumption" that he had a weapon. Reverend Joseph Tanner, St. John's United Methodist Church, endorsed the letter and recommendations of Mr. Carter and stated that he was there to solicit the support of the Council and that the people present were looking for the Council's expertise, not their sympathy. He stated that he was sure the Council would endeavor to do the best they could to bring satisfaction to all persons in, the City of Corpus Christi. Mr. Bill May, Assistant District Attorney, introduced himself and Mr. Jack I Hunter, 1st Assistant District Attorney. He stated that the Nueces County Grand Jury is more than willing to hear from any citizens and that they !tried to locate witnesses and did have seven witnesses testify at the hearing: He stated that the Grand Jury will listen to anybody and that they will meet Wednesday, Thursday and Friday of next week. He stated that the Grand Jury found insufficient evidence for an indictment. He informed the Council that the Grand Jury met on the following Thursday following the incident and that they had gone to the scene to view the area at 10:00 p.m. at night. Reverend Branch stated that rumors indicated that immediately after the shooting the area was cleaned up and the grass and bushes cut. Jack Hunter confirmed that the grass and bushes were cut that night when the representatives of the Grand Jury were at the scene. Minutes .gular Council Meeting ,:tober 14, 1981 Page 17 Further discussion followed and the staff was instructed to find out who cut the grass and if it was scheduled to be done anyway. Council Member Zarsky asked that the people present consider the fact that they do not have subpeona power or the power to take any action and that if they would work with the Grand Jury more could be accomplished in a legal manner. He recommended that they work through the District Attorney's Office and the Grand Jury. Council Member Hawkins stated that he felt there wasn't anyone who does not sympathize with the family, but everyone should realize the position of the Council in regard to lawsuits and that it is not and would not be fair to have a criminal suit tried in the Council Chambers. Just because there is no comment from the Council, does not mean there is no sympathy, but the Council is not in a position to comment on this incident. Council Member Kennedy stated that he had been out of town last week, but he would be glad to meeting with anybody or any group. He inquired as to what the procedure was when something of this nature happened. Mayor Jones stated that the procedure is to go to the Grand Jury, which was done and that police advisory boards had been considered before and the usual result is unsatisfactory. He also stated that he can appreciate the feelings of the parents, but the regular system of justice should be adhered to because such incidents belong in the courts and not in the Council Chambers. Council Member Dumphy stated that there were some unanswered questions; the committee could be of use in that it could work with the attorneys who were present today; and the Council could communicate with the group to see if their questions were being answered. He informed the audience that last year he had voted against forming such a committee but that he never agreed not to work with any citizens' group on any subject and he would be willing to meet with this group of individuals. Mr. Clay Moore stated that the Police Department is shorthanded and suggested that the Council take a hard look at basic services; i.e., streets, sewer service, etc. Mr. Preston Smith, 1st Vice President, NAACP, impressed on the Council that they are asking for emphasis on the training of humanality in the police officers because they have lost their sensitivity in dealing with people. Minutes Regular Council Meeting October 14, 1981 Page 18 Mrs. Oristez Miller, mother of the victim, stated that she does not feel that justice was done. If nothing happens because of this, it could happen again and she just wants the matter looked into. Mayor Jones stated that no one has mentioned the circumstances under which this incident happened; he regrets what happened, but thinks the Police Department is under attack. He reiterated that justice must be done in the court system that is established and that as a result of discussions today, if anyone has further information, they should let the District Attorney's Office know. He also stated that the City has a good Police Chief; the Council wants the best Police Department this city can afford; salaries have been increased; additional officers have been authorized; and he will not condemn the Police Department because of this incident. Reverend Branch commended the Council on the work being done on Ocean Drive and inquired if the fishing bridge at the Oso Pass on the way out to the Naval Air Station will be repaired. Assistant City Manager Lontos informed Rev. Branch that the project has been designed and will cost more than the FEMA funds available, but that it is now being redesigned to be within the funds. Council Member Gulley stated he sympathized with the group and commended the manner in which the group conducted itself. An unidentified gentlemen informed the Council that the city needs a Police Department, not a police state; he believes the Grand Jury did not act in justice; and he endorses Mr. Carter and his recommendations. Mayor Jones ascertained that no one else wished to speak. Motion by Turner that the Council convene in closed session under the authority of Article 6252-17c, V.A.C.S., for the purpose of discussing pending litigation regarding a personal injury suit. 'Fhe City Council then went into closed session at 4:50 p.m. * * * * * * * * * * * * Mayor Jones reconvened the Regular Council Meeting at 5:01 p.m.. Motion by Turner to settle the case of Antonio Rinche vs. City of Corpus Christi for $21,500; seconded by Zarsky; and passed unanimously. * * * * * * * * * * * * ''nutes jular Council Meeting tober 14, 1981 Page 19 Council Member Turner suggested that the Council conduct workshop sessions to discuss short term goals of the Council. Assistant City Manager Tom Utter informed the Council there would be hearings before the Planning Commission on captial improvements proposed for the bond election on Thursday, October 15, 1981, to obtain input from baords and commissions and on Tuesday, October 20, 1981 at 7:30 p.m. to hear from the public. Motion by Mr. Gulley that the meeting he adjourned, seconded by Mr. Hawkins, and failed to pass by a vote of four to three. Council Member Gulley departed the meeting at 5:06 p.m. Council Member Dumphy suggested that the Council attempt to complete the items listed on the morning workshop discussion page. Council Member Hawkins suggested that the Council discuss Townhall Meetings. Mr. Briones pointed out that all of the annexation meetings that will occur will actually be Townhall meetings and explained that it is difficult to schedule a Townhall meeting without an agenda or, in other words, there needs to be some issue to attract people to the meetings. Mayor Pro Tem Turner agreed with Mr. Hawkins that people should be able to come to a meeting in their area to share their concerns. She requested Council Member Hawkins to prepare a list of areas where he would like to see Townhall meetings conducted. • Council Member Zarsky pointed out that residents could come to City Council Meetings on Wednesday if they had transportation. He suggested that the staff consider the possibility of validating bus tickets for those who plan to attend City Council Meetings. Council Member Kennedy indicated that he would like to have department heads appear before the Council to make their concerns known. Mr. Briones inquired if the Council would like to have the slides explaining the proposed annexation shown at this time so that they will be prepared when they make speeches before civic groups. The Council indicated their concurrance and the presentation was made. ************ Acting City Manager Briones suggested that. the Council discuss item 5 in regard to the employment of Black and Veatch, Consulting Engineers, to develop a water system master plan of the city and its growth areas. Regular Council Meeting October 14, 1981 Page 20 Assistant City Manager Lontos informed the Council that for the last twelve months the staff has been discussing the possibility of developing a master plan for water; they feel that the Dallas firm of Black and Veatch would be preferable to a local firm because of the local firms involvement in projects in certain areas of the city, particularly on the south side. He stated that he has no idea about the cost until they have discussed their needs with that firm, but he estimates that the cost would be between $50,000 and $100,000. He staled that the city has never. had a master plan for water. A motion was made by Mr. Zarsky to authorize the city staff to negotiate a contract and present it to the Council next week for their approval, seconded by Hawkins, and passed by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting "aye"; Turner and Gulley absent at the time the vote was taken. Mayor Jones called for item 7 which was the discussion of request to put money in trust in lieu of park dedication until final judgement of the pending litigation questioning the city's right to require park dedication. Council Member Hawkins pointed out that several individuals had been present all day to address this item, but they were no longer here. Mr. Briones stated that he was of the opinion that the City should require either money or dedication or, in other words, the developers should comply with the existing ordinance. Mayor Jones indicated his concurrence with this and asked that a response be made to Mr. Cagle who had requested this item, to the effect that the Council does not intend to change the ordinance. Mayor Jones called for discussion of sidewalks in industrial subdivisions. Assistant City Manager Utter stated that the question is whether or not to require sidewalks in industrial subdivisions since it is true that there is not as much foot traffic in those types of subdivisions. He then asked Chief Planner Wenger to further explain this item. Mr. Wenger displayed drawings and slides showing various industrial subdivisions most of which have parking and other uses right up to the street if sidewalks are not required. He pointed out that some of the developers of industrial subdivisions have even fenced in the area that should belong to the public and are using it for parking and placement of dumpsters on that land. Mr. Briones summarized by pointing out that by not requiring sidewalks the city encourages the property owners to use the city's right-of-way and Mr. lar Council Meeting .ger 14, 1981 L..ye 21 Wenger commented that the installation of sidewalks establishes the boundary between the property line and the public right-of-way. Council Member Dumphy noted that the determining factor is not the installation of sidewalks, but whether the city enforces their own regulations. Council Member Zarsky stated that the general consensus of property owners is that they do not have the responsibility of maintenance of Lhe right-of-way adjacent to their property even though the ordinance states that the abutting property is responsible. Mr. Briones informed the Council that some time ago the Planning Com mission had recommended that peripheral sidewalks on subdivisions should be required, but not internal sidewalks. Council Member Zarsky stated that it still appears to. him that it is necessary to have some method of pedestrian" access to the industrial sub- division, preferably just on one side of the street. Council Member Dumphy inquired about other cities policies in regard to sidewalks in industrial subdivisons and stated that this matter will require further discussion. Mr. Briones expressed the opinion that this is the kind of subject the Planning Commission should discuss and make recommendations to the City Council. Motion was made by Mr. Dumphy to refer the question of sidewalks in industrial subdivisions to the Planning Commission and request that they also ascertain other cities policy in regard to sidewalks in industrial subdivisions and that a report be provided the City Council within 90 days. The motion was seconded by Mr. Hawkins and passed unanimously by those present and voting. * * * * * * * * * * * * There being no further business to come before the Council, on motion by Hawkins, seconded by Kennedy, and passed unanimously, the Regular Council Meeting was adjourned at 6:20 p.m., October 14, 1981.