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HomeMy WebLinkAboutMinutes City Council - 11/11/1981^4 a MINUTES REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS NOVEMBER 11, 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 Acting City Manager Ernest Briones City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. ********** Mayor Jones called for the bid openings on the following engineering projects: 1. Installation of a sprinkler system for the Oso Golf Course. A system of up to 36 electrically operated controllers will control the sprinkler system for the fairways, greens and tees. Irrigation water is provided by an existing reservoir which is supplied by treated effluent from the Oso Treatment Plant. Mr. James K. Lontos, P.E., Assistant City Manager, opened bids on this project from the following firms: Moore -Golf, Inc, Culpepper, Virginia; Sprinkler King of Texas, Inc., San Antonio; Yerkey Sprinkler, Dallas; Landscapes Unlimited, Inc., Lincoln, Nebraska; Randall & Blake, Austin; Meyer -Fairway Golf Course Construction Company, Rockwall, Texas; and Mission Paving Company, Inc., Mission, Texas. Mr. Lontos verified that all bidders had submitted the required bid security bond. 1dl1LMED SP 191984 Minutes Regular Council Meeting November 11, 1981 Page 2 2. Bill Witt Park Softball Complex. 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 for 50% of the cost has been approved and it will be supplemented by 1977 Park Bond Funds as the complex was included in the 1977 bond program. Assistant City Manager Lontos opened bids on this project from the following companies: Beecroft Construction, Casey & Glass, J. H. Chapman Company, Moore Golf, Inc., Randall & Blake and Ewing Construction Company. Mr. Lontos noted that all bidders had submitted the required bid security bond with their bids. Mayor Jones expressed appreciation to all of the bidders who had submitted bids and stated that they would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. ********** A motion was made by Council Member Gulley that the Regular Council Meeting be recessed at 2:20 p.m. in order to reconvene the hearing on the allegations pertaining to Council Member Jack Dumphy; seconded by Mayor Pro i e & Betty Turner; and passed unanimously. ********* Mayor Jones reconvened the Regular Council Meeting at 4:50 p.m. A motion was made by Council Member Zarsky that the Minutes of the Regular Council Meetings of June 24, 1981 and November 4, 1981 be approved as presented; seconded by Council Member Hawkins; and passed unanimously. A motion was made by Council Member Gulley that the Council return to the Workshop Meeting to discuss current concerns; seconded by Council Member Kennedy; and passed by the following vote: Turner, Gulley, Hawkins and Kennedy voting, "Aye"; Jones, Dumphy and Zarsky voting, "No". Council Member Gulley stated that he had comments pertaining to the outside employment of former City Manager Marvin Townsend indicating that he has no problem with this since Acting City Manager Ernest Briones has the authority to grant the request. He explained that the matter before the Council pertains to a memo from Mr. Briones in which he states that he has such authority to grant the request of Mr. Townsend to sign a contract with Ingleside, Texas as a consultant. Mr. Gulley stated that he is 'es .ar Council Meeting iv ,.ember 11, 1981 Page 3 concerned, however, that the extraterritorial jurisdiction of Corpus Christi and In;leside overlap and the only way Ingleside can increase the area of their City is by annexing or by establishing industrial districts. He stated that he does have a problem of a potential conflict of interest between Ingleside and Corpus Christi in the extraterritorial jurisdiction that overlaps. Acting City Manager Briones agreed that there is one-half mile of territory that the City of Ingleside could annex which is in Corpus Christi's extraterritorial jurisdiction but before they could do this, the City of Corpus Christi would have to cede that area to Ingleside, and this would have to be approved by the City Council. Council Member Zarsky pointed out that the article in the newspaper pertaining to this subject was to the effect that Mr. Townsend was going to try to work out the problem between Aransas Pass and Ingleside of an area annexed some time ago by Ingleside. Mr. Briones stated that he was of the opinion that it would be possible to clear up a very messy annexation that Ingleside effected some time ago. He explained that Ingleside annexed an area that interfered with the City of Aransas Pass; Aransas Pass filed a lawsuit against Ingleside in regard to that annexation; and the City of Corpus Christi joined Aransas Pass in the litigation. Council Member Hawkins noted that this is a matter on which the City of Corpus Christi has a lawsuit against Ingleside; that City has employed a consultant to work on this annexation; and he was of the opinion that employing an Assistant City Manager employed by the City of Corpus Christi is a conflict of interest. Mr. Hawkins stated that Mr. Townsend should either assist Corpus Christi in the lawsuit or he is going to be in the process of helping Ingleside against Corpus Christi. Assistant City Attorney Bob Coffin explained that there was a suit to set aside the annexation by the City of Ingleside and that Corpus Christi joined Aransas Pass in the lawsuit. Mr. Coffin stated that he had met with employees of both Cities and they agreed to establish a common boundary line to settle the dispute. Minutes Regular Council Meeting November 11, 1981 Page 4 Council Member Hawkins reiterated that it is not the responsibility of an employee of the City of Corpus Christi to work out the problem of annexation for Ingleside and that he would like to request that Mr. Townsend not become involved with annexation as far as Corpus Christi is concerned nor with industrial districts as far as the extraterritorial jurisdiction is concerned. A motion was made by Council Member Hawkins that instructions be given to Assistant City Manager Marvin Townsend to refrain from consulting with Ingleside on matters involving annexation disputes or anything in the extraterritorial jurisdiction of the City of Corpus Christi; seconded by Council Member Kennedy. Council Member Gulley stated that he will vote for the motion if the motion includes the formation of industrial districts. Council Member Hawkins agreed to include that in his motion. Council Member Zarsky stated that he would not vote in favor of this motion because he did not believe that the employment of Mr. Townsend by Ingleside would damage Corpus Christi in any way and the only damage that could be done would be to Mr. Townsend himself. He pointed out that the City of Corpus Christi must approve the ceding or the formation of any industrial district in the City of Corpus Christi's extraterritorial jurisdiction. Council Member Dumphy stated that he has no problem with Mr. Townsend helping the City of Ingleside but he does have a problem with his representing Ingleside in annexation matters, particularly since the City of Corpus Christi had joined Aransas Pass in a lawsuit on the recommendation of Mr. Townsend when he was City Manager. He noted that the Council had discussed at one time industrial districts in Ingleside, and he would have a problem and would not be in favor of Mr. Townsend's entering into any work with the City of Ingleside that would interfere with Corpus Christi. Mr. Briones stated that he did not think that the City would be damaged by Mr. Townsend's providing assistance to resolve Ingleside's problems because that City has needed guidance, particularly on annexation matters. He stated that the only reason the lawsuit was filed was because they thought the Court could decide the issue of the annexation. He assured the Council that Ingleside was not trying to take advantage of Corpus Christi or Aransas Pass but the annexation was just an honest mistake. Utes alar Council Meeting ....vember 11, 1981 Page 5 Mayor Jones expressed the opinion that Council Member Hawkins' motion is vindictive and destructive and he would not vote in favor of it. Council Member Kennedy inquired if the City Council of Corpus Christi could control any annexation by Ingleside. Acting City Manager Briones stated that the City of Corpus Christi would have to cede their extraterritorial jurisdiction in that area before Ingleside could annex any property or form an industrial district. Assistant City Attorney Coffin stated that the point needs to be made in regard to the lawsuit. He explained that the real parties to the suit are Aransas Pass and Ingleside and the overlapping extraterritorial jurisdiction and Corpus Christi is just an intervenor because it is in this City's extraterritorial jurisdiction also. Mayor Jones called for the vote on the motion and it passed as follows: Dumphy, Gulley, Hawkins, and Kennedy voting, "Aye"; Jones and Zarsky voting, "no"; Turner, absent at the time the vote was taken. " Council Member Hawkins indicated his disagreement with the actions by Assistant City Manager Townsend attacking the Council in speeches at service clubs, etc. He stated that he wanted Mr. Townsend to cease such speeches and that he should confront the City Council with the charges if he feels that members of the City Council have conflicts of interests rather than implying that they do to the press at service clubs. He stated that he would at this time like to make a formal protest on the actions of former City Manager Marvin Townsend and if necessary, he will file a lawsuit against him. • ********** Acting City Manager Briones stated that he would like for the Council to consider the following item which was listed on the morning Workshop Agenda: Consideration of approval of awards for 2,160 sets of chinaware; 3,000 sets of stainless steel flatware; 3,000 glasses; and dish handling equipment for the Convention Center. Bids were received from four bidders on seven different patterns of chinaware and six different patterns of stainless steel flatware. City Staff recommends the Shenango, Staffordshire pattern of chinaware and Oneida, Chateau pattern of stainless steel flatware based on apparent quality, price and aesthetic value. Recommendation for approval of awards for glassware and dish handling equipment are based on low bids: a. Champion Restaurant Supply, Houston: Chinaware $19,667.18 Stainless Steel Flatware 11,233.42 Dish Handling Equipment 24,375.24 Total - - - $55,275.84 b. Sysco Food Service, Corpus Christi: Glassware 5 837.50 Grand Total - $81,113.34 Minutes Regular Council Meeting November 11, 1981 Page 6 Mayor Pro Tem Turner suggested that the Council approve the purchase of the least expensive china as recommended by the Staff and stated that she would place that in the form of a motion. The motion was seconded by Council Member Kennedy and passed unanimously. *********** In a return to the discussion of the actions of former City Manager Townsend, Council Member Hawkins made a motion to consider his memo to adopt a resolution expressing a formal protest of statements made by former City Manager Townsend while he was still on the City payroll in the capacity of Assistant City Manager without Mr. Townsend's first going through the proper channels available to all City employees. Mayor Pro Tem Turner suggested that rather than passing a formal resolution that the Council just sit down and talk with Mr. Townsend on the subject. Mayor Jones agreed that he would like to see it handled that way. He noted that Council Member Hawkins has brought this subject up and he assumes that his motion is just to tell Mr. Townsend to cease making insinuations against •.h' Council Members. Council Member Hawkins stated that it is a motion to instruct Mr. Townsend to go through the proper channels and bring any charges that he has to the Acting City Manager and if necessary, to the City Council. Council Member Zarsky stated that he has a problem with calling these actions a violation of his fiduciary responsibility to the City of Corpus Christi and the City Council. Mr. Zarsky stated that if this is an accusation that Mr. Townsend is guilty of, he was not aware of it, because he did not know of any charges that Mr. Townsend has made but only what has been reported by the news media. Assistant City Manager Marvin Townsend spoke from the audience stating that he just happened to be present in connection with the hearing that was conducted earlier. Mr. Townsend stated that he has no knowledge of what Council Member Hawkins was talking about. He informed the Council that he has made three speeches, one before the Friday Morning Club, one before the Tuesday Luncheon Group, and one before the Midmorning Friday Group. Mr. Townsend stated that at those meetings, he said nothing that was derogatory ' 'utes alar Council Meeting .ember 11, 1981 Page 7 to the City Council. He explained that he merely answered leading questions that were posed to him at those meetings and the news media had printed the questions and the real problem occurred when a particular headline was written to accompany the newspaper article. He pointed out that the headline was corrected the next day. He explained that at the time he was talking about conflicts of interests that directly involved Council Members such as the conflicts that were discussed today and the conflicts and pressures on the Council on other matters. He informed the Council that he did not have any other speeches scheduled and pointed out that he could only answer questions that are directed to him. Council Member Gulley questioned Mr. Townsend as to whether or not the news report was correct and Mr. Townsend explained the type of question that was asked him and his answer. He assured the Council that he was not making any accusation against any Council Member. Council Member Hawkins inquired of Mr. Townsend if he would have allowed an Assistant City Manager to continue to make statements against the City Council when he was serving as City Manager. Mr. Townsend replied that he had never, while he was City Manager, forbidden any employee to make speeches and only asked that they inform him when they were going to give speeches. Council Member Hawkins stated that his concern as a Council Member was that allegations were made by Mr. Townsend that implied that the Council Members had conflicts of interest. Assistant City Manager Townsend again explained that he did not feel that he was making allegations against a Council Member even though it apparently appeared that way in the news story. ' Mayor Jones pointed out that almost every question asked by a Member of the Friday Morning Group is generally to prove a point that they wish to make. Council Member Kennedy inquired of Mr. Townsend if he was . aware now of any conflict of interest that any Council Member currently has. Assistant City Manager Townsend stated that he was not aware of any conflicts that directly address the definition of conflict of interest as set forth in the City Charter. Minutes Regular Council Meeting November 11, 1981 Page 8 Council Member Gulley continued by asking Mr. Townsend if he felt that any of the Council Members now had a conflict of interest. Mr. Townsend stated that he had responded to Council Member Kennedy's question and he did not think he could elaborate on that. Council Member Hawkins then withdrew his motion in regard to a formal resolution and Council Member Gulley withdrew his second to the motion. Mayor Jones noted the presence in the audience of Members of the Landmark Commission and informed them that the offer to donate the Merriman-Bobys house at South Upper Broadway and Coleman to the City will be considered next week. A motion was made by Mayor Pro Tern Turner that the Council recess the Workshop Meeting and reconvene the Regular Council Meeting at 5:45 p.m. The motion was seconded by Council Member Zarsky and passed unanimously. Mayor Jones called for the City Manager's Reports. Acting City Manager Briones presented the following items with related comments and explanations and recommended that: 1. Plans and specifications for Swantner and 15th Street Drainage Improvements be approved and bids be received on December 9, 1981. The project provides for storm sewer to be installed in both 15th Street and Swantner Drive from Louisiana Boulevard easterly to Ohio and Indiana Streets. The project was originally bid on May 7, 1980, but the bids were rejected due to the high cost of the Swantner Drive storm sewer. The project has been redesigned to reduce the size and depth of the pipe in order to bring it within funds available. 2. The following actions be taken on the Hendricks Street Improvement project from South Padre Island Drive to Bush Street: a. The final assessment roll be adopted indicating assessments of $74,555.63 on 8 items. The original roll was adopted on October 29, 1980. b. The contractor, A & G Utility Company, be charged $1,900.00 for liquidated damages as he exceeded the time of completion by 19 days. The delays occurred from April 17th until now while the contractor had been requested to take corrective action on some items of the work found to be unsatisfactory. c. The project be accepted and final payment of $4,899.75 be made for a total of $121,745.89. The project was funded by an appropriation made on October 29, 1980 from the Water Fund, Sanitary Sewer Bond Fund and Street Bond Fund. 3. The O. N. Stevens Filtration Plant Levee Repair project be accepted and final payment of $43,263.66 be made to DeBer, Inc. This Hurricane Allen repair project consisted of repairing the levees surrounding the detention ponds at the Nueces River below the O. N. Stevens Plant. 75% of the cost of the levee installation work will be reimbursed by the Federal Emergency Management Agency. Total amount of the work done under the contract is $75,860.44. The contract was funded out of the Water Fund Reserve and awarded on August 26, 1981. utes ular Council Meeting /ember 11, 1981 Page 9 4. An amendment be approved to the engineering agreement with Urban Engineering for design of improvements to and expansion of the Flour Bluff Wastewater Treatment Plant which increases the engineering fee by $148,702. Due to substantial increases in the projected population of the Flour Bluff area, the design size of the plant and other facilities have more than doubled. The original design capacity was forecast in 1976 and is no longer adequate. The revised fee is $265,855. A fee of $177,153 has previously been approved. An appropriation of $148,702 will be needed from the Sanitary Sewer Bond Fund. 5. An agreement with the Corpus Christi Independent School District be authorized to provide for the District to reimburse the City for the total cost of construction of a parking lot abutting Carroll Lane Elementary School. Carroll Lane is a project approved in the 1977 Bond Election and is to be reconstructed jointly between the City and the State Department of Highways and Public Transportation as part of the Urban Systems Program. The Highway Department will receive bids on the project within 30 days which will include the parking lot. The cost of the parking lot is estimated to be $14,592.00 with prices to be adjusted after bids are received. 6. A 10 -foot wide utility easement between Lot 5AR and Lot 6A, Block A, Joslin Tract, be closed. There are no utilities in the easement which is located on a 3.71 -acre site on McArdle Road near Ennis Joslin Road. Apartments are planned on the site which is currently being replatted. 7. A public hearing be held November 25, 1981 on a request to close Lemonwood Drive from Erskine Drive south to the boundary of Candlewood Subdivision Unit 7. Property south of an existing dead end of Lemonwood Drive is currently being platted and as a platting requirement, Lemonwood Drive must either be extended through this property or be closed. A 13.2 acre apartment complex is planned on the property which is zoned A-1, Apartment House District. Existing water, sanitary sewer and storm sewer lines exist in Lemonwood Drive for which easements would have to be retained. Staff concurs with the request to close the street provided the applicants remove the existing street and reconstruct the curbs, sidewalks and driveways as needed at their expense. * 8. The following actions be taken relative to the construction of Airline Road from Williams Drive to Holly Road and the development of a 28 -acre apartment development proposed at the northeast corner of Holly Road and Airline Road. a. An agreement be approved with Corpus Christi I, Joint Venture, to participate with the City in a joint storm sewer construction project in Airline Road south of Williams Drive. The storm sewer is needed for the development and for the future construction of Airline Road. The firm will pay for 100% of the cost of a 48 -inch diameter offsite storm sewer and pro -rata engineering costs. b. The City Engineering Staff be authorized to prepare plans and specifications for the construction of a storm sewer to drain the area. Airline Road is a 1,977 Street Bond project and is included in the Urban Systems Program to be constructed by the State Department of Highways & Public Transportation. Plans are currently being prepared for the work. The early installation of the storm sewer and the participation by the developers will result in a significant savings to the City. * This item was withdrawn from consideration by Mr. Briones Minutes Regular Council Meeting November 11, 1981 Page 10 9. A parcel of land for the Horne Road Street Improvements be acquired from Mr. Lauro Ybanez for $6,756 (including $4,250 for moving the improvements out of the right-of-way and $206 for closing costs). This parcel is located at the corner of Horne Road and Barrera Street. Acquisition is necessary in order to construct a larger radius curve for safer traffic flow. Improvement of Horne Road from Columbia Parkway to Old Brownsville Road was included in the 1977 Bond Election and will be jointly constructed by the City and State under the Urban Systems Program. An appropriating of $6,756 is needed from the Street Bond Fund for the acquisition. 10. Bids be received December 1, 1981, for a twelve months supply agreement for approximately 22,000 feet of 10.75" and 16" steel pipe coated and wrapped for gas transmission lines. The pipe will be used to extend the basic transmission system to include Buckingham Estates, Cresmont VI, Brighton Village, Industrial Technology Park and the areas in between. 11. Bids be received December 1, 1981, for one replacement and one additional truck mounted crane for the Wastewater Services and Water Divisions. 'These units are used for removal and replacement of pumps and equipment by the respective divisions. The Water Division unit will be mounted on a truck purchased last year and will replace a 1965 model crane. The Wastewater Services Division unit will complement the electrician position added last year to upgrade lift station maintenance. 12. Worker's Compensation Insurance benefits be extended to all Flour Bluff volunteer firefighters and City reserve police officers who perform public safety support duties for the City of Corpus Christi. There are approximately 21 volunteer firefighters working as called upon at Flour Bluff and approximately 20 police reserve officers assigned as needed on special events throughout the City for traffic assistance and crowd control. The only insurance presently provided for these volunteers is a small health and life insurance policy through Monumental Insurance Company which pays up to $10,000 for an on-the-job related death; $50 per week direct disability income payments for up to two years of disability as a result of an on-the-job injury; and up to a maximum of $2,000 for medical expenses. There is no City insurance provided for volunteer firefighters in Annaville since, as a rural Fire Prevention District, it assesses its own ad valorem tax for services. The annual cost to the City for existing insurance is $747. The TML Worker's Compensation Fund now makes available to member cities optional coverage for volunteer public safety officers who perform duties on behalf of the City. The cost of supplemental coverage for volunteer firefighters is approximately $98 per year per officer and $197 per year per officer for reserve police officers for a total annual premium of $5,998. It is proposed that the additional premium cost for this coverage be provided from a transfer from the Insurance Fund Reserve. 13. The undesignated holiday for fiscal year 1981-82 provided for in the Compensation Plan be declared Friday, November 27, 1981, to provide a four-day Thanksgiving weekend. 14. Twelve months supply agreement for approximately 900 pair of Safety Toe Boots and Shoes to be sold to employees through payroll deduction be approved based on low bid: Safety Shoe Distributors, Houston, Texas: $35,055.70 Two bids were received. Prices have increased approximately 3% from the previous contract issued October, 1980. 'ltes ilar Council Meeting ,ember 11, 1981 Page 11 15. Resolution be passed authorizing the Coastal Bend Council of Governments and the Texas Department of Health to purchase on behalf of the City a thumper, 8 mast trousers, 10 extracation devices, 10 traction splint pacs, 8 suction units or breathing aids and training materials for Aid Ambulance Service. The equipment is included in the COG Regional Emergency Medical Services Grant. The total cost of the equipment is estimated at $17,168 including the local 25$ match of $4,292 which is in the Aid Ambulance Budget. 16. Alternate industrial district agreements be approved with the following firms: Plant and Field Service of Texas, Inc. Turner Tool Joint Rebuilders Corp. Whitey Patten Hot -Shot Service, Inc. Padre Drilling Company, Inc. and Triple L Oil Company, Inc. J. I. Hailey, Inc. and Terminal Transportation, Inc. Joe D. Hughes, Inc. Frank Bailey Grain Company, Inc. These companies have submitted signed copies of the alternate agreement without a minimum payment provision and have asked that it be substituted for the original agreement. It is further recommended that the agreement with J. I. Hailey, Inc. and Terminal Transportation Company, Inc. be further amended to add an approximate 32 acre tract leased from the Navigation District and located on the north side of the ship channel on Navigation Boulevard. 17. The Wyatt Company be retained to perform an actuarial valuation of the Firemen's Relief and Retirement Fund for a fee not to exceed $5,100. The collective bargaining contract provides for the City's contribution rate to the fund to increase by 1.4% effective January 1, 1982, if the employees vote to increase employee contributions by a like amount. The actuarial study is needed to identify the improvements in benefits which could result from the proposed increase in contributions. 18. A closed meeting be held to discuss the possible settlement of the lawsuit Kurt Lengel vs. City of Corpus Christi. Acting City Manager Briones referred to the settlement of the Lengel lawsuit which was proposed in a memorandum from Assistant City Attorney John Bell and stated that this can be approved in open session if the Council agrees with Mr. Bell's recommendation that the settlement be in the amount of $20,000 payable to Mr. Kurt Lengel and Mr. Bob Patterson, Attorney. Council indicated their concurrence. 19. The date for the Assessment Hearing for the Purdue Road Sidewalk project be changed from December 2 to December 9, 1981. Mayor Jones ascertained that no one in the audience wished to speak on the City Manager's Reports. A motion was made by Mayor Pro Tem Turner to accept the City Manager's Reports, items 1 through 19, with the exception of item 8, which had been withdrawn by the Acting City Manager; seconded by Council Member Zarsky; and passed unanimously. Minutes Regular Council Meeting November 11, 1981 Page 12 ********* Mayor Jones called for consideration of the following tabled zoning application: City of Corpus Christi from "R -1B" and "FR" to "I-2" and "I-3" on portions of land from Assessors Map 273, Isensee Partitions, Clarkwood Tract Subdivision, Sheppard Farm Lots and McKinzie Acres, located north of State Highway 44, east of the City limit line, south of McNorton Road and west of Bronco Road. This City initiated this zoning case in relationship to the industrial districts. The case was heard on April 29, 1981 by the City Council at which time it was tabled for six months to allow the staff and a property owner to the west of Rand Morgan Road to develop a more comprehensive land use and zoning plan for this area. The case was further tabled for two weeks on October 28, 1981. A study has been prepared by the staff and recommends a slight modification on the "I-3" zoning west of Rand Morgan Road to zone the north half "I-2" with a buffer of "I-1" Industrial Park District. It should be pointed out that there is a difference in the staff's recommendation and the property owner's consultant's proposal in that they recommend that a greater portion be utilized for residential purposes. However, the staff's study indicates that this is not a desirable area for residential because of the pipeline corridor and the fact that it s between two rather intense industrial areas to the east and west. The 20% rule is in effect. The Planning Commission recommends denial of the portion west of Rand Morgan Road and approval of the portion east of the road. Chief Planner Larry Wenger reminded the Council that they had asked the Staff to prepare maps showing the different zoning as recommended by the Staff and as requested by Mr. Hayden Head. He then displayed those maps showing the different areas. Council Member Gulley stated that although he is not directly affected by this zoning, he would abstain from participating in the discussion and voting on this item. Mr. Gulley then departed the Council table. Chief Planner Wenger then displayed the land use plan presented by the consultants of Mr. Head whereby they recommended that a portion of the land be zoned for single -member dwellings. He then pointed out the areas that the Staff recommends be zoned "I-1", "I-2" and "I-3" with "I-1" as a buffer between the two heavier industrial areas. Mr. Wenger pointed out to the Council that the Staff is recommending that the area be zoned "I-2" because the Council asked that an industrial area be established. Council Member Dumphy inquired if the Planning Commission's recommendation on this zoning application was different from the Staff's and Mr. Wenger replied that the Planning Commission recommended denial of the change of zoning on the area west of Rand Morgan Road and approval of the area east of Rand Morgan Road. He further stated that the Commission recommends that all of that area be allowed to remain zoned "R -1B" west of Rand Morgan Road. tes tlar Council Meeting ,._iember 11, 1981 Page 13 Mayor Pro Tem Turner commented that this zoning case was initiated by tie City Council to create an industrial area, and Mr. Wenger stated that this was correct. He also stated that the only compromise that the Staff could agree to is if the Council desired not to zone the area west of Rand Morgan Road for industrial, that it be zoned "F -R" at this time. Mr. Hayden Head, representing his wife who is the owner of a large portion of the land involved, reminded the Council that he has gone to a great deal of expense to formulate a land use plan for this entire area. He urged that the Council be reminded that the size of tract 2 is quite large; and Mr. Wenger had noted that there is a conflict with only 700 acres; but pointed out that this is a lot of land. He stated that he would like to have the Council approve the recommendation of the Planning Commission so that they can proceed with the proper rezoning as it is needed. He also noted that the Calallen Independent School District concurs with the residential plan because they have purchased land for a new high school in that area. Dr. Lively, President of the School Board, stated that he concurs with Mr. Head's proposal. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. A motion was made by Mayor Pro Tem Turner that the Council concur with the recommendation of the Planning Commission and that the portion west of Rand Morgan Road be denied and the portion east of that road be approved; seconded by Council Member Hawkins. Mr. Briones pointed out that the 20% rule is in effect. The motion passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "abstaining". ********* Mayor Jones announced the consideration of the pending zoning cases for Padre -Staples Mall. There are two pending zoning cases. The first is from "R -1B" to "B-4" on Lots 12 through 22, Block 10, all of Block 11 and the north half of Mt. Vernon Drive adjacent to Lot 11, Block 11, Mt. Vernon Subdivision #3 between McArdle Road and Mt. Vernon Drive approximately 116' east of Lenora Drive. The second case is from "R -1B" to "B-4" on Lots 1, 2, 6 and 9, Block 9 and Lots 5, 7 and 8, Block 10, Mt. Vernon Subdivision #3 located on both sides of Lenora Drive between Mt. Vernon Drive and McArdle Road. The first case was heard on August 13, 1980 and the Minutes Regular Council Meeting November 11, 1981 Page 19 change was approved with the ordinance to pass after replatting, closing of Janet Drive from Mt. Vernon to McArdle and Mt. Vernon east of Lenora. The six month time limit on this case expired February 11, 1981 and the case was granted a one-time extension of nine months through November 11, 1981. The second case was heard on March 11, 1981 and approved with the stipulation that the ordinance was not to pass until plans for the expansion of the mall and a replat had been submitted. The six month time limit on this case expired September 9, 1981 and a one-time extension was granted until today. The required replatting and street closings have not been accomplished. Mr. Briones explained that there are two pending zoning cases involving Padre -Staples Mall. He reminded the Council that they had felt that "B-4" use was proper but if the zoning was changed to "B-4" before the plats were approved and the streets were closed, the ordinance should not be in effect; therefore, one of the ordinances was revoked and on the other zoning case, it was approved by motion but the ordinance was not adopted. He informed the Council that both zoning cases were granted an extension and both of them expire as of November 11. He stated that the ordinance does not provide for any kind of conditional zoning, and a letter has been received from a representative of the applicants agreeing to do the things that the Council asked them to do, but there is no assurance that this will be done. Mayor Pro Tem Turner inquired if the Council has the authority to grant another extension or if the ordinance could specify that it would be in effect under certain conditions. Mr. Briones stated that another extension would not be in order and the City has never passed an ordinance on conditions. Mr. Finley Edmonds, Attorney representing Mr Smith and Mr. Bevly, reviewed the history of the two zoning cases and informed the Council that the conditions pertaining to the zoning cases were that the applicants must submit a replat and plans for the use of the property including water, sewer, drainage, traffic patterns, etc. He stated that they have done this and they are ready to construct as soon as the money market is better. Mr. Edmonds stated that he was of the opinion that his clients have done everything that they were instructed to do except the street closings have not been accomplished. He stated that they would like to have hearings set as soon as possible on the closing of Lenora and Janet Street. ' 'i tes ilar Council Meeting amber 11, 1981 Page 15 Mr. Joseph Hans, also representing the owners, expressed the opinion that t,^• problem was with one ordinance superseding another ordinance. He stated that as soon as they were requested to submit a plat, they did so; Urban Engineering requested the closing of the street; the City Manager wanted to see how everything was going to be worked prior to the street closings; and the street closings have not been accomplished at this time. He informed the Council that there is no objection on the part of the Staff except the rezoning will result in 44 "B-4" zoned lots. He assured the Council that Mr. Smith will not use any of the lots they have for business use until the platting has been finished and until the streets have been closed. Mr. Edmonds assured the Council that his clients have no objection to signing an agreement to that effect. Acting City Manager Briones stated that the City needs the replatting of the property and the closing of the streets and if the applicants are willing to sign an agreement that no lots will be sold at this time, public hearings on the street closings could be set. A motion was made by Council Member Gulley that the hearing be closed, seconded by Turner and passed unanimously. A motion was made by Council Member Gulley that the requested zoning on these two cases be approved subject to the signing of a written agreement to the effect that the 44 lots zoned "B-4" would not be sold until the streets, are closed and the problems have been worked out. The motion was seconded by Mayor Pro Tem Turner and passed unanimously. ********** Mayor Jones announced the public hearings on two zoning applications. 1. Application No. 1081-1 Krismer Contractors Inc., for a change of zorung from "A-1" to "A -B" on Lot 4 and the east one-half of Lot 5, Block 1, Hampton Addition located on the south side of Coleman Street approximately 62 feet east of S. Tancahua Street. Application No. 1081-2, Ms. Helen Pruitt for change of zoning from "A-1" to "AB" on Lot 6 and the west half of Lot 5, Block 1, Hampton Addition located at the southeast corner of Coleman Street and S. Tancahua Street. Minutes Regular Council Meeting November 11, 1981 Page 16 Mr. Briones stated that these cases were to be considered together and informed the Council that both the Planning Commission and the Planning Staff recommend approval. He informed the Council that in response to the notices of the public hearing, three in favor and one in opposition had been returned on Application No. 1081-1 and five in favor and one in opposition had been returned on Application No. 1081-2. Mayor Jones ascertained that no one in the audience wished to speak on these zoning cases. Motion by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Gulley, and passed unanimously. A motion was made by Mayor Pro Tem Turner that the Council concur with the recommendation of the Planning Commission and grant "AB" zoning on both of these applications; seconded by Council Member Gulley; and passed unanimously. ********* Mr. Briones announced the following public hearing: 2. Application No. 981-3, Padre Isle Driving Range, Inca for change of zoning from "R -1B" One -family Dwelling District with "SP" Special Permit to "B-4" General Business District on Lot 13, Section 18, Flour Bluff and Encinal Farm and Garden Tract located between S. Padre Island Drive and Williams Drive approximately 650 feet west of Nile Drive. Acting City Manager Briones stated that there was no response to the notices of the public hearing and that the Planning Commission and the Planning Staff recommend denial of the requested "B-4" zoning but in lieu thereof, that a revised special permit be granted for an additional game room to the existing special permit with a satisfactory site plan. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Gulley and passed unanimously. A motion was made by Mayor Pro Tem Turner that application No. 981-3 be denied but in lieu thereof that a special permit as recommended by the Planning Commission and the Planning Staff be approved; seconded by Council Member Gulley; and passed unanimously. sates alar Council Meeting ,ember 11, 1981 Page 17 Mayor Jones called for the ordinances. Acting City Manager Briones 1•riefly explained the ordinances on the agenda and withdrew the ordinance pertaining to the storm sewer construction in Airline Road south of "Williams Drive. Mr. Tom Utter, Assistant City Manager, referred to the third reading of the ordinance amending the Code of Ordinances pertaining to the commercial boat brokers and stated that a letter had been received from Mr. John Stensland in regard to the possibility of allowing more than one boat in a slip. Mr. Stensland addressed the Council and stated that they recommend that the amendment to the ordinance not be changed and that the same provisions that were first included in the ordinance be included. Discussion followed on the boat slips. Mr. Utter stated that the Staff was very concerned about the problem that the boat dealers created because they had several boats in each slip. He stated that there are problems with the possibility of fires when they are crowded together in that manner; therefore, the Staff concurs with the recommendation of the Marina Board. Council Member Kennedy suggested that the Marina Superintendent be allowed to grant a temporary time period when more than one boat can be in a slip. Mr. Utter suggested that the Marina Superintendent report back to the Marina Board every six months if the Council would like to allow such a practice. Mr. Stensland pointed out that the Marina Superintendent is allowed to grant such a practice at this time for private owners, and this ordinance is just to prohibit such a practice by boat brokers. There were no further comments on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: SECOND READING: AMENDING SECTION 57-83 OF THE CITY OF CORPUS CHRISTI CODE OF ORDINANCES BY CHANGING THE FREQUENCY OF TAXICAB INSPECTIONS FROM AT LEAST ONCE EVERY THREE MONTHS TO AT LEAST ONCE EVERY SIX MONTHS AS MORE FULLY SET FORTH HEREIN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. (First Reading -11/4/81). The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Minutes Regular Council Meeting November 11, 1981 Page 18 ;SECOND READING: BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, RECEIVING INTO AND ANNEXING TO THE CITY OF CORPUS CHRISTI, CERTAIN ADDITIONAL TERRITORY, AND FIXING NEW BOUNDARIES FOR THE CITY OF CORPUS CHRISTI, FULLY DESCRIBING SAID TERRITORY AND SAID NEW BOUNDARIES, AND DECLARING SAID NEW TERRITORY AN INTEGRAL PART OF THE CITY OF CORPUS CHRISTI, AND DECLARING THE SAID NEW TERRITORY AS ANNEXED TO AND MADE A PART OF THE CITY OF CORPUS CHRISTI, TEXAS, SUBJECT TO THE GENERAL LAWS OF THE STATE OF TEXAS, THE CITY CHARTER OF THE SAID CITY AND THE ORDINANCES, RESOLUTIONS AND LAWS OF THE CITY OF CORPUS CHRISTI AND ENTITLED TO ALL THE SAME RIGHTS, PRIVILEGES AND BURDENS THEREOF. (First Reading -11/4/81). The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". SECOND READING: AUTHORIZING THE CLOSING OF BENNETT STREET ON CORPUS CHRISTI BEACH FROM NORTH SHORELINE BOULEVARD EASTERLY TO CORPUS CHRISTI BAY: THE CLOSING TO BE SUBJECT TO 1) DEVELOPMENT PLANS INCLUDING A HOTEL OR OTHER MAJOR COMMERCIAL USE, BEING SUBMITTED TO AND APPROVED BY THE CITY COUNCIL WITHIN 36 MONTHS AND CONSTRUCTION COMPLETED WITHIN FIVE YEARS; 2) THE ABUTTING OWNERS PROVIDING FREE PEDESTRIAN ACCESS TO THE WATER; AND 3) THE NEW DEVELOPMENT BEING SO DESIGNED AS TO MAINTAIN A 60 FOOT VISUAL CORRIDOR FROM SHORELINE TO THE BAY AT SOME LOCATION IN THE TOTAL DEVELOPMENT INCLUDING BOTH SIDES OF BENNETT STREET. IF THE TIME FRAME OF DEVELOPMENT IS NOT MET, THE PROPOSED CLOSING IS VOID. (First Reading - 11/4/81) The foregoing ordinance was read for the second time and passed to its third recding by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 16679: AMENDING THE CORPUS CHRISTI CITY CODE OF ORDINANCES AS AMENDED, BY AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS BY ADOPTING PROVISIONS THAT WILL PROHIBIT PARKING AT ALL TIMES ON U. S. HIGHWAY 181, BOTH SIDES, FROM BURLESON STREET TO NUECES BAY CAUSEWAY; AND PROVIDING FOR PUBLICATION. (First Reading - 10/28/81, Second Reading - 11/4/81). 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. 16678: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FRANK MOORE dba PARKER'S BAIT STAND FOR FIVE YEARS, CONCERNING USE OF TRACT 4 OF THE COASTAL PUBLIC LANDS, BEING SITUATED AT THE HUMBLE CHANNEL CROSSING ON THE PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS AND RELATED SERVICES TO FURTHER PUBLIC RECREATION, AND PROVIDING FOR MONTHLY RENTAL PAYMENTS OF $78 IN CALENDAR YEAR 1981 AND $130 THEREAFTER, 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". (First Reading - 10/28/81, Second Reading - 11/4/81). 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". ,es ar Council Meeting ,. .tuber 11, 1981 Page 19 THI:.D READING - ORDINANCE NO. 16680: AaMIMING CHAPTER 12, BAYS, BOATS AND WATERWAYS,SECTION 12-47 OF TILE CORPUS CHRISTI CODE OF ORDINANCES, TO AUTHORIZE THE MARINA SUPERINTENDENT TO ALLOW COMMERCIAL BOAT BROKERS TO SELL THEIR CRAFT FROM THEIR ASSIGNED SLIPS; PROVIDING FOR SLIP ASSIGNMENT CRITERIA, ESTABLISHING THE RATE FOR BROKERAGE SLIPS, PUBLIC LIABILITY INSURANCE REQUIREMENTS; AND PROVIDING FOR PUBLICATION. (First Reading - 10/28/81, Second Reading - 11/4/81). 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. 16681: AMENDING ORDINANCE NO. 15848, PASSED AND APPROVED ON OCTOBER 29, 1980, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO ADOPT THE FINAL ASSESSMENT ROLL AND ASSESSMENTS LEVIED AGAINST ABUTTING PROPERTY OWNERS ON THE FOLLOWING STREET: HENDRICKS STREET, FROM PADRE ISLAND DRIVE TO BUSH STREET: AS HEREIN PROVIDED 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. 16682: CLOSING AND ABANDONING THE TEN FOOT WIDE UTILITY EASEMENT CENTERED ON THE COMMON LOT LINE BETWEEN LOT 5AR AS RECORDED IN VOLUME 31, PAGE 87, AND LOT 6A AS RECORDED IN VOLUME 37, PAGE 110, MAP RECORDS, NUECES COUNTY, TEXAS, ALL IN BLOCK A, JOSLIN TRACT, AS SHOWN BY ATTACHED EXHIBIT, SUBJECT TO REPLATTING OF THE PROPERTY AT THE EXPENSE OF THE ABUTTING PROPERTY OWNERS; 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. 16683: AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENT TO THE PRESENT CONTRACT WITH THE TML WORKERS' COMPENSATION JOINT INSURANCE FUND TO PROVIDE ADDITIONAL WORKERS COMPENSATION INSURANCE COVERAGE FOR VOLUNTEER FIREMEN AND POLICE RESERVES FOR THE PERIOD THROUGH OCTOBER 1, 1983, IN SUBSTANTIALLY THE FORM OF CONTRACT 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. 16684: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CURRENT CONTRACT BETWEEN THE CITY AND THE NUECES COUNTY RURAL FIRE PREVENTION DISTRICT NO. 2 (FLOUR BLUFF), AUTHORIZED BY ORDINANCE NO. 16538, PASSED AND APPROVED BY THE CITY COUNCIL ON SEPTEMBER 16, 1981, BY PROVIDING FOR WORKERS' COMPENSATION INSURANCE COVERAGE BY THE CITY UNDER THE TERMS OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE TEXAS MUNICIPAL LEAGUE WORKERS' COMPENSATION JOINT INSURANCE FUND, A COPY OF SAID AMENDMENT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting November 11, 1981 Page 20 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. 16685: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH URBAN ENGINEERING FOR IMPROVEMENTS TO THE FLOUR BLUFF WASTEWATER TREATMENT PLANT (EPA PROJECT NO. C-48-1215-02) WHICH PROVIDES FOR AN INCREASED PLANT CAPACITY AND SPECIFIED A REVISED FEE OF $265,855, A SUBSTANTIAL COPY OF SAID AMENDMENT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $148,702 OUT OF THE NO. 250 SANITARY SEWER BOND FUND TO SUPPLEMENT $117,153 PREVIOUSLY APPROPRIATED, APPLICABLE TO PROJECT NO. 250-77-19, LAGUNA MADRE (FLOUR BLUFF) PLANT EXPANSION; AND DECLARING AN EMERGENCY. The Charter Rule wa suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16686: AUTHORIZING THE COASTAL BEND COUNCIL OF GOVERNMENTS AND THE TEXAS DEPARTMENT OF HEALTH TO PURCHASE ON BEHALF OF THE CITY OF CORPUS CHRISTI, AMBULANCE EQUIPMENT FOR ITS EMERGENCY MEDICAL SERVICES THROUGH A CONTRACT BETWEEN THE COASTAL BEND COUNCIL OF GOVERNMENTS AND THE TEXAS DEPARTMENT OF HEALTH THROUGH BIDDING AND PURCHASING PROCEDURES OF THE STATE PURCHASING AND GENERAL SERVICES COMMISSION. 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. 16687: AMENDING ORDINANCE NO. 16201 WHICH AUTHORIZED AN INDUSTRIAL DISTRICT AGREEMENT WITH PLANT AND FIELD SERVICE OF TEXAS, INC. TO SUBSTITUTE AN ALTERNATE AGREEMENT ATTACHED HERETO AS EXHIBIT "1" FOR ONE THE ORIGINALLY EXECUTED BY THE COMPANY; 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. 16688: AMENDING ORDINANCE NO. 16358 WHICH AUTHORIZED AN INDUSTRIAL DISTRICT AGREEMENT WITH TURNER TOOL JOINT REBUILDERS CORPORATION TO SUBSTITUTE AN ALTERNATE AGREEMENT ATTACHED HERETO AS EXHIBIT "1" FOR ONE THE ORIGINALLY EXECUTED BY THE COMPANY; 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. 16689: AMENDING ORDINANCE NO. 16356 WHICH AUTHORIZED AN INDUSTRIAL DISTRICT AGREEMENT WITH WHITEY PATTEN HOT SHOT SERVICE, INC. TO SUBSTITUTE AN ALTERNATE AGREEMENT ATTACHED HERETO AS EXHIBIT "1" FOR THE ONE ORIGINALLY EXECUTED BY THE COMPANY; AND DECLARING AN EMERGENCY. it Council Meeting iv... ember 11, 1981 Page 21 The Charter Rule was suspended and the foregoing ordinance passed by the flowing vote; Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky vo ing, "Aye". ORDINANCE NO. 16690: AMENDING ORDINANCE NO. 16144 WHICH AUTHORIZED AN INDUSTRIAL DISTRICT AGREEMENT WITH PADRE DRILLING COMPANY, INC. AND TRIPLE L OIL COMPANY, INC. TO SUBSTITUTE AN ALTERNATE AGREEMENT ATTACHED HERETO AS EXHIBIT "1" FOR THE ONE ORIGINALLY EXECUTED BY THE COMPANY; 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. 16691: AMENDING ORDINANCE NO. 16600 WHICH AUTHORIZED AN INDUSTRIAL DISTRICT AGREEMENT WITH JOE D. HUGHES, INC. TO SUBSTITUTE AN ALTERNATE AGREEMENT ATTACHED HERETO AS EXHIBIT "1" FOR THE ONE ORIGINALLY EXECUTED BY THE COMPANY; 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. 16692: AMENDING ORDINANCE NO. 16354 WHICH AUTHORIZED AN INDUSTRIAL DISTRICT AGREEMENT WITH FRANK BAILEY GRAIN COMPANY, INC. TO SUBSTITUTE AN ALTERNATE AGREEMENT ATTACHED HERETO AS EXHIBIT "1" FOR THE ONE ORIGINALLY EXECUTED BY THE COMPANY; 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. 16693: AMENDING ORDINANCE NO. 16142 WHICH AUTHORIZED AN INDUSTRIAL DISTRICT AGREEMENT WIH J. I. HAILEY, INC., AND TERMINAL TRANSPORTATION, INC. TO SUBSTITUTE AN ALTERNATE AGREEMENT ATTACHED HERETO AS EXHIBIT "1" FOR THE ONE ORIGINALLY EXECUTED BY THE COMPANY; 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. 16694: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT PROVIDING FOR THE SCHOOL DISTRICT REIMBURSING THE CITY FOR 100 PERCENT OF THE COST OF A PARKING LOT AT THE CARROLL LANE ELEMENTARY SCHOOL ABUTTING CARROLL LANE, SAID PARKING LOT TO BE CONSTRUCTED CONCURRENTLY WITH THE CARROLL LANE STREET IMPROVEMENTS, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Minutes Regular Council Meeting November 11, 1981 Page 22 ORDINANCE NO. 16695: AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF A PARCEL OF LAND FOR THE HORNE ROAD STREET IMPROVEMENTS, PROJECT NO. 220-77-10; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND THE SUM OF $6,756 OF WHICH $6,550 IS FOR ACQUISITION AND $206 IS FOR INCIDENTAL COSTS RELATED TO CLOSING; 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. 16700: AMENDING ORDINANCE NO. 16352 WHICH AUTHORIZED AN INDUSTRIAL DISTRICT AGREEMENT WITH SABER REFINING COMPANY TO SUBSTITUTE AN ALTERNATE AGREEMENT ATTACHED HERETO AS EXHIBIT "1" FOR THE ONE ORIGINALLY EXECUTED BY THE COMPANY; ANI) 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. 16699: 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 PADRE STAPLES MALL BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1, 2, 6 AND 9, BLOCK 9, AND LOTS 5, 7 AND 8, BLOCK 10, MOUNT VERNON NO. 3 SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO • " GENERAL BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS 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. 16997: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUEM 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6101, AS AMENDED, UPON APPLICATION OF PADRE STAPLES MALL BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 12 THROUGH 22, BLOCK 10, ALL OF BLOCK 11, AND NORTH HALF OF MOUNT VERNON DRIVE ADJACENT TO LOT 11, BLOCK 11, MOUNT VERNON SUBDIVISION 4t3, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS 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 thw following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 'tes filar Council Meeting _,ember 11, 1981 Page 23 ORDINANCE NO. 16698: ilL::NDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI J thOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION R'OCRDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF KRISNER CONTRACTORS, INC. AND MS. HELEN PRUITT BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 4, 5, 6, BLOCK 1, HAMPTON ADDITION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE 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". ********* Mayor Jones called for petitions or information on matters not scheduled on the agenda. Mr. Gene Pennebaker addressed the Council in regard to additions to the bayfront area. He stated that he would like to present a petition to the Council for two items as follows: (1) He proposed that the City Council establish an Arts Commission to determine the appropriateness of all buildings which face on the bayfront and that they study the location of the two barge restaurants, particularly the one recently approved; (2) recommend where and when they should be relocated to an alternate location since they will have that authority within two years. Mr. Pennebaker pointed out to the Council that he had studied the Harland -Bartholomew Study which recommended that an Arts Commission be appointed to study and make recommendations on development of the bayfront. Mr. Pennebaker also noted that the Council last week approved an additional barge restaurant to be located at the end of the L -Head. He stated that none of the studies prepared for the City recommends a three-story restaurant to be located on the bayfront. He explained that he had no quarrel with the restaurant's being located on the bayfront but he is concerned about the location of the one which was approved for the T -Head, noting that it would obstruct the view of the bay. He urged that the new restaurant be relocated as soon as possible. Mayor Pro Tem Turner informed Mr. Pennebaker that the Council has already discussed the possibility of appointing a Bayfront Commission and Mayor Janes agreed that that Commission should be appointed. Minutes Regular Council Meeting November 11, 1981 Page 24 Mr. Pennebaker stated that he would also like to recommend that they examine the new barge restaurant as soon as possible. Mayor Jones inquired if the Marina Board could study this further and Mr. Stensland, who was still present, stated that they would be glad to do that. Mr. Mark Foster stated that he agreed with Mr. Pennebaker and questioned whether there were enough parking spaces for boat owners and for customers of the restaurants. He, too, expressed concern about the size of the structure for the restaurant. He noted that there will be a traffic problem in the bay and the location of the restaurant on the L -Head will interfere with the sailboat races. He expressed the opinion that other locations would be more beneficial. Council Member Kennedy displayed for Mr. Foster a plan of the parking area which had been prepared by the City Staff. ********* Mayor Pro Tem Turner referred to the Workshop Meeting in regard to appointments to Boards and Commissions and recommended that Mr. Jack Bell be appointed as Chairman of the Foods Services Advisory Council. The motion was seconded by Council Member Zarsky and passed unanimously. ********* There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Zarsky and passed unanimously, the Regular Council Meeting was adjourned at 7:13 p.m., November 11, 1981.