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HomeMy WebLinkAboutMinutes City Council - 11/18/1981MINUTES REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS NOVEMBER 18, 1981 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Acting City Manager Ernest Briones Bob Gulley City Attorney J. Bruce Aycock . *Herbert L. Hawkins City Secretary Bill G. Read 1 **Dr. Charles W. Kennedy Cliff Zarsky Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The Invocation was given by Pastor Dave Evans of the Seventh -day Adventist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Betty N. Turner. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones announced the issuance of the following Proclamations: ,Labor's Centennial Week - November 15-21, 1981 and Foster Grandparent Day - November 20, 1981. A motion was made by Council Member Cliff Zarsky that the Minutes of the Regular Council Meeting of November 11, 1981, be approved as presented; seconded by Mayor Pro Tem Betty N. Turner; and passed unanimously. ********** Mayor Jones announced the bid opening on the following engineering project: 1. Second phase of the Oso Wastewater Treatment Plant. This is the fifth and last in a series of contracts to rehabilitate and expand the Oso System. The contract included construction of new units and the modification of existing units. Improvements include renovation of two lift stations, installation or renovation of a bar screen/grit removal unit, 2 mixing tanks, 3 reaeration tanks, 4 clarifiers, 2 chlorine compact chambers, a post thickener supernatant chamber, sludge dewatering system, sludge handling system, irrigation pump MLC$QF1LMED SEP 191984 Minutes Regular Council Meeting November 18, 1981 Page 2 station, chlorine facility, non -potable water system, -2 boiler houses and miscellaneous yard piping, paving, grading, fencing and electrical items. A contoured earthen levee will be built around the plant for flood protection during hurricanes and high tides. Com- pletion of this stage will enable the plant to treat 16.4 million gallons per day. Mr. James K. Lontos, P.E., Assistant City Manager, opened bids from the following firms: Belco Construction Company, Temple, Texas; Chisholm Trail Construction, f'ort Worth, Texas; F & E Erection Company, San Antonio, Texas; LEM Construction Company, Stafford, Texas; Permian Construction Company, Katy, Texas; Sanders -Midwest, Kansas City, Missouri; and Westech Corporation, Topeka, Kansas. Mr. Lontos verified that the necessary bid security bond had been sub- mitted with each bid. Mayor Jones expressed appreciation to the bidders who had submitted bids and stated that the bids will be tabled for 48 hours, pursuant to the require- ments of the City Charter, and referred to the Staff for tabulation and recommendation. ********** Mayor Jones recognized Mrs. Sarah Norris and Mrs. Mary Anne Rhodes, Co -Chairmen for Bayfest '81, sponsored by the junior League and the Municipal Arts Commission. Mrs. Norris presented to the City of Corpus Christi a check in the amount of $5,875.22 on behalf of Bayfest '81 Committee. Mayor jones expressed appreciation to the Co -Chairmen for their work in staging 13ayfest '81 which benefited the entire City. *Council Member Herbert Hawkins departed the meeting at 2:10 P.M. Mayor Jones presented 30 -year pins to the following City employees: Employee: Department: Position: Oscar C1iapa Public Utilities Customer Service Adjuster Moises Covarrubias Stationery Duplicating Machine Opr. Alfredo De Leon Water Water System Mechanic Mr. Gene Holder, Police Commander in the Police Department was also eligible to receive a 30 -year pin, but was unable to attend the meeting. Mayor Jones called for appointments to boards and commissions. He then reviewed the appointments discussed during the morning Workshop Meeting. 2 7ular Council Meeting ember 18, 1981 4e 3 A motion was made by Mayor Pro Tem 'turner, seconded by Council Member Zarsky and passed unanimously that the following appointments be confirmed: La Retama Library Board Term To Expire . Mrs. Joseph P. Miller, Jr. (Reappointment) Mrs. J. R. De Leon (Reappointment) Mr. Lawrence Carpenter Mr. Harold L. Priesmeyer November 5, 1983 November 5, 1983 November 5, 1983 November 5, 1983 Citizens Advisory Health and Welfare Board William D. Taylor, DDS (City) l(Reappointment)- November 11, 1984 Landmark Commission Dr. Richard T. Marcum (Historian) (Reappointment) November 20, 1983 Ms. Jessica Bell (Reappointment) November 20, 1983 Ms. Laura Rodriquez (Historian) (Reappointment) November 20, 1983 Mrs. Margaret Weed November 20, 1983 Mr. Ed Brandesky November 20, 1983 ********** Mayor Jones called for confirmation of actions taken during the Workshop Meeting of November 11, 1981, as follows: 1. Discussion on November 25, 1981 on appointment of a Committee to prepare a Code of Ethics for Members of the City Council and members of City Boards and Commssions. November 25, 1981 - Action on the Central Business District Asso- ciation and Downtown Retail Merchants' Association request in regard to parking. 3. November 25,4981 - Discussion on the changes at the Airport Terminal Building. 4. December 9, 1981 - Action on the revocable easement request by Valero Energy Company. A motion was made by Mayor Pro Tem Turner that the foregoing actions be confirmed, seconded by Council Member Zarsky and passed unanimously.` ********** Mayor Jones called for the City Manager's Reports. Acting City Manager Ernest Briones presented the following items with related comments and expla- nations and recommended that: 1. The bid opening date for the Marina and Kiwanis Recreation Center Improvements be changed from December 2, 1981 to December 9, 1981. Prospective bidders will be notified of the date change by addendum. 3 Minutes Regular Council Meeting November 18, 1981 Page 4 2. Revised plans and specifications for the repair of certain roof areas at the Corpus Christi International Airport be approved and bids be received December 15, 1981. The project was originally bid to include resurfacing essentially all of the roof areas at the Airport; however, it was found that a reduced scope of work would suffice. All expansion joints will be repaired and the roof at Gatehouse 1 and 2 and a portion of Gatehouse 3 and 4 will be resurfaced. A portion of the roof at the baggage 'claim area and the Control Tower roof will also be resurfaced. 3. International Aerial Mapping Company of San Antonio be engaged to provide aerial planimetric sheets for the Dahlia Terrace, Baldwin Park, Pineda Park and Broadmoor Park areas of the City. The 95 -year old water system in these areas will be rehabilitated. The planimetric sheets will be printed on a scale of 1" = 40 feet and will eliminate field survey work. The 7th Year Community Development Block Grant provides funds for this service which will cost $13,200 and an appropriation of this amount is needed. 4. The following actions be taken regarding the Allison Wastewater Treatment Plant: a. The Facility Plan be adopted. It provides for expansion of plant capacity from 5 to 15 million gallons per day. b. An application be submitted to the Environmental Protection Agency through the Texas Department of Water Resources for the Step 2 (design, portion of the plant. Bonds approved at the 1977 bond election are available for the 25% local portion of the project. 5. The amended Facility Plan for the Flour Bluff Wastewater Treatment Plant be adopted and forwarded to the Texas Department of Water Resources for review. Revisions to the Facility Pian became necessary due to significant increases in area population and to reflect. year 2000 estimates. The original design capacity was forecast in 1976 for 1995. Population growth in the Flour Bluff area has been more rapid than anticipated and the appropriate adjustments and revisions have been made to expand plant capacity in accordance with population projections. The revised Facility Plan calls for expansion of the capacity of the Flour Bluff Plant from 1.3 MGD to 3.0 MGD with a peak flow of 9.0 MGD. A lift station and force main will be constructed at the corner of Purdue Road and Flour Bluff Drive. The old Laguna Shores Plant will be renovated and eventually converted to a lift station to pump wastewater to the enlarged Flour Bluff Plant. -6. Bids be received December 7, 1981 for the rental of the property located at 613 So. Shoreline Boulevard (former Corpus Christi Area Convention & Tourist Bureau Building) for a three year period with a minimum rental fee of $700/month and an escalation clause of 10% increase after each year. The City will reserve the right to reject any or all bids for any reason including the proposed use stated in the bid. 7. The following actions be taken on the Lamar School Area Unit II Street Improvement project: a. The project be accepted and final payment of $110,740.95 be made to Isles Construction Company. b. The final assessment roll be adopted which consists of 266 items totalling $283,133.27. The total cost of the project is $986,065.70 and the City's share is $702,932.43. The assessment roll was adopted and contract awarded on June 18, 1980. 4 ' -",sites lar Council Meeting ember 18, 1981 Page 5 This project was funded using 1977 Street Bond Funds and funds from the 4th Year Community Development program. The following streets were included in this street reconstruction program: a. Marguerite Street, from South Port Avenue to 19th Street; b. 20th and Bluntzer Streets, from Mary Street to Agnes Street; c. 21st Street, from Ruth Street to Agnes Street; d. Muely Street, from Ruth Street to Mary Street; e. 25th Street, from Morgan to Mary Street; and f. 22nd and 23rd Streets, from Buford Street to Mary St. 8. The two comfort stations on Corpus Christi Beach and the comfort station in Cole Park be accepted with $1,500 being held as retainage and payment of $34,637.07 be made to Beecroft and Williamson, Inc. for a total of $262,580. The Cole Park Project is designed to accommodate a concession facility. The contract was awarded March 18, 1981 and was funded by 1977 Park bonds. The $1,500 is being retained awaiting completion of a water valve not yet delivered. It is recommended that the Director of Engineering and Physical Development be authorized to release the retainage when the fittings are installed. 9. The Corpus Christi Municipal Marina Pavement Repair project be accepted and final payment of $18,870.67 be made to A. Ortiz Asphalt Paving Company. The project consisted of reworking and resurfacing the parking lots on the Marina T -Heads as well as the L -Head. The loop road around the T -Heads was also seal coated. This was a Hurricane Allen repair project which included other minor repairs such as the replacement of the brick wall at the Pavilion on the Peoples Street T -Head. It is further recommended that Change Order #2 in the amount of $3,734.90 be approved and funds in this amount be appropriated as it was necessary to add an interior course of brick to 219 feet of the brick wall to strengthen the •wall. Approxi- mately $40,000 of the total work of $188,706.67 will be reimbursed by the Federal Emergency Management Agency with the remainder coming from the Park Bond Fund. The contract was awarded on May 27, 1981. 10. A 35.155 acre tract located at Rodd Field and Yorktown Roads be leased to Mr. Charles Lile and Mr. G. W. Beardsley for grazing purposes for a term of three years at an annual rental of $480 subject to a sixty day cancellation at the option of the City.. This property had been leased since November, 1962 to Mr. Charles Lile's father, Mr. Guy Lile, who has passed away. 11. $750 be appropriated out of the Street Bond Fund for appraisal services by Mr. Thomas F. Dorsey for acquisition of a parcel of land for the Airline Road - Williams Drive to Holly Road Street Improvements. Since Federal Funds are involved, an independent real estate appraiser must be employed to establish value. This parcel is located at the corner of Airline and Holly Road. Airline Road is a 1977 Street Bond project and is included in the Urban Systems Program to be constructed by the State Department of Highways and Public Transportation. 12. The agreement with Turner, Rome, Boultinghouse & Associates, Inc. for design of additions to the Corpus Christi Police Department Building be cancelled at the request of Mr. Turner. No work has been performed and no funds expended. The agreement was approved in May, 1978 for $37,050 with $950 established for laboratory testing and contingency expenses. Council Member Zarsky referred to the foregoing item in`regard to cancel- lation of the agreement with Turner, Rome, Boultinghouse & Associates, Inc. and stated that he did not think that this involved any conflict of interest even 5 Minutes Regular Council Meeting November 18, 1981 Page 6 though Mayor Pro Tem Turner's husband, Mr. Jack Rice Turner, is associated with this architectural firm and he did not see any reason why the contract should be withdrawn since the contract was awarded prior to Mrs. Turner's term on this Council. He suggested that this be discussed further with Mr. Turner. City Attorney J. Bruce Aycock stated that legally, the Staff does not feel there would be a conflict of interest; there had been no performance on this contract; but this was recommended at Mr. Turner's volition. Mayor Pro Tem Turner explained that this was a very difficult decision for her husband to make and that at the time she decided to run for the City Council she obtained a letter from the Legal Dept. to the effect that this particular contract had already been signed and would not involve a conflict of interest with her serving on the Council. She stated, however, that in the spirit of attempting to avoid any appearance of conflict of interest she would abide by her husband's decision to withdraw this contract. Council Member Zarsky continued by stating that perhaps in view of the discussion today, Mr. Turner might wish to have an opportunity to withdraw his request to have this agreement cancelled. Mayor Jones stated l.hat he agreed with Mrs. Turner's statements. He indicated that he felt that this would be appropriate action to avoid even an appearance of conflict of interest in view of the fact that Mrs. Turner is now serving on the City Council. He stated that he was of the opinion that Mr. Turner had made a wise decision. 13. Bids be received December 8, 1981, for twelve months supply agreement for 2649 house and high pressure field service regulators for the Gas Division. 14. Twelve months supply agreement for 12,000 cubic yards of backfill or pipe embedment sand for Water, Wastewater and Gas Divisions be approved on the basis of low bid to Bay, Inc., Corpus Christi, for an estimated $27,492.20. Two bids were received. 15. Bids be received December 8, 1981, for one riding type, diesel engine, power sweeper, for the Convention Center. The unit will be used to sweep the main ,exhibit hall, plaza area, parking garage and parking lots. 16. Bids be received December 8, 1981, for 8 replacement velour drapery legs for the Auditorium/Convention Center. 6 'utes alar Council Meeting .ember 18, 1981 Page 7 17. Purchase of theatrical lighting equipment for the Convention Center be awarded as follows based on low bids meeting specifications: a. Southwestern Theater Equipment Co., Houston: Item 3 - Lighting Fixtures Item 9 - Miscellaneous Equipment b. Media Specialities Inc., San Antonio: Items 1-2 - Console & Dimmers Items 4-7 - Lighting Fixtures Item 8 - - Miscellaneous Equipment Grand Total $11,626.00 236.00 11,862.00 $15,867.85 15,581.25 164.00 $1,613.10 $43,475.10 The apparent low bid of Electro Controls, Corpus Christi, of $14,728.23 on the Console and Dimmers is not interchangeable with existing City equipment and lighting fixtures as required. Electro Controls all or none bid of $23,805.54 on Items 3 thru 7 does not meet candlelight power and field angle requirements. Bids were received from three firms. An appropriation of $43,475.10 out of the Convention Center I3ond Fund is needed for the purchase. 18. Cities Service Company be granted a permit to drill a well in Mustang Island State Park and the use of earthen mud pits be permitted. The State Park Tract 3 well No. 1 will be located 2706 ft. in a westerly direction from Park Road 53 and 610 ft. in a northerly direction from the fish pass. The well will be drilled as a straight hole to a depth of 10,500 ft. There is an existing gas well in the State Park drilled after a City permit was granted on February 18, 1981. The Land Drilling Ordinance prohibits drilling within 175 ft. of a public park and the use of earthen mud pits. The Texas Parks and Wildlife Department has granted a permit for the well and the use of earthen mud pits. No other exceptions to the Land Drilling Ordinance are requested. Mayor Jones inquired of the benefit to the City from the well to be drilled on Mustang Island State Park. ' Mr. Bill Hennings, Asst. City Manager, explained that the City does not receive anything from the drilling operation; the City does not own the mineral right; this is a regulatory measure; but the City will receive $500 for the permit to drill. 19. Bids be received December 8, 1981, for an Electronic Postage Scale for the South Texas Library System. The scale is included in the System grant. The grant is funded by State and Federal money. No local money is involved. 20. Bids be received December 1, 1981, for eight months book lease service for the South Texas Library System. 21. A contract for books -by -mail service for the South Texas Library System be awarded to The American Companies, Inc., Topeka, Kansas, on the basis of only bid received of $7,278.80. Price comparison shows an increase of 3% over the previous contract. The service includes the purchase of approximately 2,250 paperback books, 5,000 paperback book catalogues, 1,000 book order cards, 2,000 mailing labels and 1,000 book bags. The program circulates books in rural areas to individuals without library service and is paid for by Federal and State grants. 7 Minutes Regular Council Meeting November 18, 1981 Page 8 22. Twelve-month supply agreement for data processing cards and forms be awarded as follows: Data Documents Inc., Houston Texas: 5,080,000 printed cards such as meter reading and utility bills cards $28,831.00 Globe Ticket Company, Dallas Texas: 100,000 tax cards $ 950.00 Moore Business Forms, Corpus_Christi_,_ Texas: 3,436,000 standard stock forms priced $32,852.00 Gulf Business Forms, Corpus Christi, Texas: 9,000 W-2 and Quarterly Report Forms priced $ 417.00 Grand Total- $63,050.00 The apparent low bid of $893.00 by Moore Business Forms on the tax cards and the bids of $5,276 by Moore Business Forms, $6,947.44 by Uarco, Corpus Christi, and $4,719.68 by Gulf I3usiness Forms on the utility bills are not recommended because they are based on a one time shipment. Sufficient storage is not available for all of the forms at one time. The apparent low bid of $32,577.82 by Data Documents on some of the standard stock forms is not recommended because it is subject to escalation and is only 1% less than the firm bid of Moore Business Forms. Price comparison shows an increase of 20% over the previous twelve month agreement. Bids were received from six firms. 23. A contract for printing 250 City Zoning Map Books be awarded to Mesloh Reproduction & Supply, Corpus Christi, on the basis of low bid of $6,125. Prices have increased 2% over the previous order in November, 1979. These books will be stocked in Stationery Inventory for City and sold to the general public. Bids were received from two firms. 24. Twelve-month service agreements for window cleaning and custodial service be approved as follows, based on low bid. Two bids were received. Price comparison shows an increase of 10%. Corpus Christi Janitorial Service: Custodial Service: Tax Office $ 218.00/Mo. Data Processing 239.10/Mo. Health - Veterinary 98.50/Mo Land Acquisition 229.00/Mo Flour Bluff Clinic - Library - Utility Office 239.50/Mo Sub Total - $1,024.10/Mo $12,289.20/Yr Armstrong Building Maintenance: Window Cleaning: La Retama Library & Annex $ 60.00/Mo International Airport 300.00/Mo ' Custodial Service: Finance Department Sub Total - Total - 8 $ 810.00/Mo $1,170.00/Mo $14,040/Yr. $2,194.10/Mo $26,329.20/Yr utes ular Council Meeting 'ember 18, 1981 Page 9 25. A twelve-month supply agreement for linen & towel service be awarded to South Texas Linen Service, Corpus Christi, on the basis of low bid of $8,712. A price comparison indicates an increase of 7% over the previous contract. The service includes approximately 580 sheets, 290 pillowcases and 1,380 dish towels exchanged weekly for the Fire Department, 16 towel rolls exchanged weekly for the Airport restrooms and 100 dish towels exchanged biweekly for the libraries to clean windows. Bids were received from two firms. 26. A joint and mutual disclaimer agreement be approved' with the owners of Blocks A and B, Bayview Addition,for the purpose of clearing title to said blocks and City's title to submerged land easterly of the west line of Shoreline Boulevard. The blocks are located west of Shoreline Boulevard and north of Buford. The City executed similar agreements with other property owners in the area as part of the construction of the seawall. The owner of this property in 1940 refused to sign such an agreement but a successor in title now wishes to do so to clear any possible title problems. 27. The present tax collection service contracts authorized by Ordinance 15866 with Corpus Christ Independent School District and 15867 with Del Mar Junior College District be extended for tax collection services only to August 31, 1982 and that the present appraisal services terminate on January 1, 1982. The Nueces County Appraisal District becomes responsible for appraisals January 1. 28. Utility customers classifications for annexed customers be changed effective November 19, 1981 from outside city limit rates to inside city limit rates, and that disposal -only sanitation charges be effective beginning with cycle 1 billings next month. The disposal -only charge will be billed after these customers have been inside the. City for at least one month. 29. Execution of an escrow agreement be approved with Marina del Sol Corporation whereby Marina del Sol would deposit the sum of Ten Thousand Dollars ($10,000) with the City to be held in an interest-bearing account by the Director of Finance for a term of 120 days. The escrow funds would insure the completion of the private sewer system by Marina del Sol in accordance with City standards. The escrow fund represents the estimated cost of installation of an additional reserve sewer pump to be located in conjunction with an existing sanitary lift station. 30. Repair work on McArdle Road sanitary sewer cave-in, between Dody and Edith be authorized to McCullough Contracting Company on a cost plus basis. Final change order will be submitted to Council approval when all costs are in. Mayor Jones called for comments from the audience on the City Manager's Reports, and there was no response. A motion was made by Mayor Pro Tem Turner that the City Manager's Reports, Items 1 through 30, be approved as presented; seconded by Council Member Zarsky; and passed unanimously. ********** Mayor Jones called for consideration of the following item: 1. Of proposed Park Dedication for the 100 South Padre Business/ Industrial Park located on a 113 -acre tract of land bounded by Old Brownsville Road, South Padre Island Drive and Bear Lane. 9 Minutes Regular Council Meeting November 18, 1981 Page 10 Acting City Manager Briones explained that this is a commercial and industrial subdivision that does not fall under the rules of the commercial or industrial portion of the provision for Park Dedication. He stated that the developers of this property have requested a unique method of complying with the Park Dedication. He explained that the City staff has worked with the developer on this and they have reached an agreement. He then displayed a plan which displayed the green areas throughout the subdivision. He pointed out that they would be located at the major intersections of the streets in the ' subdivision. He explained that the Staff has some difficulty with this because it would require payment by the City of one-half of the street improvements around the park areas. He also noted that the developer would have had to pay about $60,000 for in lieu of Park Dedication, but he has agreed to develop the parks and maintain them in perpetuity. Mr. Briones informed the Council that the Staff would like to have concurrence of the council and, if they approve of the plans, the necessary documents to effect the Park Dedication plans will be prepared. Mayor Jones expressed the opinion that this is a lair agreement for both parties. Council Member Gulley inquired as to how the City could be assured that they would not have to maintain the parks at some time in the future. Mr. Briones explained that all of the property owners would have to agree to maintain the parks even if the property is sold to new property owners. Council Member Zarsky inquired if there would be an owner's association for this subdivision. Mr. Johnny Cotton, architect for the developer, stated that there will be such an association, and when the property is sold, the new owners will have to continue the tnaintenance of the park areas. Council Member Zarsky stated that he was of the opinion that a lien should be attached to the property to assure that the maintenance will continue. Mr. Cotton explained that if they do not maintain the parks, the land will be sold, and the money will revert to the City. l0 utes ular Council Meeting .ember 18, 1981 Page 11 Mr. Briones pointed out that this is an unusual situation, but the Staff hopes that it will be satisfactory. Mr. Cotton informed the Council that street maintenance will be included in the parks and the parks will have public telephones, benches, etc., located in - them which will benefit the public. Council Member Dumphy commended the Staff for working this problem out and particularly complimented the Planning Staff. A motion was made by Council Member Gulley that the proposed Park Dedication plan for South Padre Business/industrial Park be approved and the Staff be requested to proceed with the development of the necessary documents; seconded by Council Member Dumphy; and passed by the following vote: Jones, Turner, Dumphy, Gulley, and Zarsky voting, "Aye"; Hawkins and Kennedy absent at the time the vote was taken. 2. Of the offer to donate the Merriman-Bobys House at South Upper Broadway and Coleman to the City for location in the Bayfront Arts and Science Park in the same block with the Sidbury, Gugenheim and Lichtenstein Houses. Mr. Briones informed the Council that the Staff has discussed this with Dr. 'Richard Marcum, Chairman of the Landmark Commission, in an effort to work out some of the problems and although all of the problems have not been resolved, the Staff hopes to continue to work with the Landmark Commision on this project. He explained that a decision must be made on accepting this offer before the end of the year; therefore, the Staff recommends that the house be accepted. He explained that the City does not wish to have any more liability for the house other than some minor expenses involved in the move. Mr. Briones stated that since there are a number of problems to be solved, they recommend that the house be accepted on a conditional basis until the Landmark Commission presents all of the plans that have been worked out. He explained that the decision to be made today' is just to express the willingness of the City to accept this on a conditional basis subject to the Landmark Commission working out various documents which will be prepared by next week. Dr. Marcum addressed the Council and expressed appreciation to them for their consideration in accepting this donation. He showed slides of the house in question and briefly explained the history of the Merriman-Bobys House. He stated that the Landmark Commission has thoroughly researched the history of 11 Minutes Regular Council Meeting November 18, 1981 Page 12 this house and they feel it is worthy of preservation. He informed the Council that they have received proposals from two organizations, the Coastal Bend Dance Foundation and from the Coastal Bend Art. Foundation to possibly refur- bish the house for their use. He explained the Commission will be glad to receive other proposals for restoration and after all the proposals have been received, the Commission will recommend the use of the house. He urged that this house be accepted by the Council so that it can be restored. *Council Member Hawkins returned to the meeting at 3:10 P.M. A motion was made by Council Member Zarsky that the City accept the proposal of the donation of the Merriman-Bobys House subject to the resolution of all of the problems; seconded by Council Member Dumphy; and passed by the following vote: Jones, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Turner and Kennedy absent at the time the vote was taken. ********** Mayor Jones announced the pending zoning matter as outlined below: Mr. Richard Kemp from "B-1" to "B-4" on Lot 1, Block 9, Windsor Park Unit 1, located on the southeast corner of Sharon Drive and South Alameda Street. A public hearing was held on this application on May 20, 1981. The application was denied, but in Lieu thereof, a special permit was approved for offices and storage. A site plan for the permit has not been submitted. The six-month time limit on the case expires today. The 20% rule is in effect. The City Council also indicated when it was considering the case that once the site plan is submitted copies should be sent to the surrounding residents and the residents notified when the site plan would be considered. The Planning Commission recommended denial. Acting City Manager Briones briefly explained this case and stated that there were a number of residents in opposition to this change of zoning. He explained that the Staff had been waiting for a site plan to be presented which was to have been sent to the residents in the area, but the site plan has not been presented to the City; therefore, the Staff recommends that this zoning application be denied. A motion was made by Council Member Gulley that the application on the Richard Kemp zoning change be denied; seconded by Council Member Zarsky; and passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy absent at the time the vote was taken. ********** 12 "mutes 'tiler Council Meeting ✓ember 18, 1981 Page 13 Mayor Jones announced the hearing on the following appeal: 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 Street and Sedwick Road. Chief Planner Larry Wenger displayed a map of the Industrial Park and located Sedwick Rd. which is to the south of the area of the subdivision. He explained that in conjunction with the development of the subdivision there is a requirement that the developer make certain improvements to adjacent streets and dedicate additional right-of-way if necessary. He informed the Council that Sedwick Rd. is a 40 -foot dedicated road; the developer is required to dedicate an additional 10 feet because the City street plan recommends that this street be 60 feet wide; and the developer, at the time he constructs improvements to the lots adjacent to a street, is required to construct one-half of that street. Mr. Wenger continued by informing the Council that the platting ordinance contains a clause that states that if part of the roadway is committed to dedication and if the road has been improved, then the developer is required to construct the street. He stated that it is the opinion of the Staff that due to the fact that this road was in the county and dedicated before the City had any control over the area, that the developer should construct the north part of that road. He noted also that the owner of the property to the south of this industrial park would have to improve the other half of the street. Mr. Briones interjected that this appeal was made to the Planning Com- mission and they recommended that the appeal be denied and the developer be required to develop one-half of the street. Mr. J. W. Gary, Attorney representing Allen and Cameron, stated that Sedwick Rd. is either a dedicated street or an existing right-of-way. He stated that he agrees that the developer should have to dedicate 10 feet of street right-of-way, but they object to the second sentence of the ordinance which requires that if the part already dedicated or part already committed to be dedicated has been improved, then the developer is required to improve the street in the same manner as the part already dedicated. He stated that they disagreed with the Staff interpretation of this portion of the platting ordinance. He pointed out 13 Minutes Regular Council Meeting November 18, 1981 Page 14 that this committed portion refers to the master transportation plan and he stated that he felt that "balance" of the street would be the 10 feet of addi- tional right-of-way that is to be dedicated. He pointed out that this should not be in the one-half street improvement requirement because it is not within the subdivision. He summarized by stating that he did not feel that the subdivider should have any requirement to improve the street. Council Member Zarsky inquired how this street would ever be paved except by a capital improvement program. Mr. Wenger stated that this same situation exists in the south part of town and the same requirement has been consistent there. The only other way that it could be paved is through inclusion in a capital improvement program. **Council Member Charles W. Kennedy arrived at the meeting at 3:30 P.M. Mr. Wenger continued his explanation, stating that the Staff has examined many other streets in the south part of the City and many subdividers have constructed one-half of a street in the same manner that they recommend in this case. He noted in particular that Snow Goose Rd. was developed in the same fashion. Mr. Gary expressed the opinion that just because a precedent had been established was not a reason to require one-half of this street construction. He suggested that a policy be established and placed in the platting ordinance book so that it would be very clear what was required of developers. He informed the Council that the cost of the street construction would be from $50,000 to $75,000. Council Member Gulley stated that he did not think that anything should be required of this developer except the 10 feet of additional right-of-way dedication. He expressed the opinion that one-half of a street is never very practical. Mr. Gulley pointed out that since this is not in the platting ordinance he did not feel that the City should require the developer to construct one-half of the street. Mayor Pro Tem Turner asked Mr. Wenger about his interpretation of the ordinance. Mr. Wenger stated that there are two different sections of the platting ordinance involved in this recommendation. He explained the type of situation that both sections refer to and expressed the opinion that this is their inter- pretation of the ordinance. 14 -utes alar Council Meeting ember 18, 1981 Page -15 Acting City Manager Briones stated that the Staff is of the opinion that this street is committed because it was already there prior to annexation and is included in the master transportation plans. Further discussion followed. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. A motion was made by Gulley to grant the appeal of the decision of the Planning Commission on the plat of Allen and Cameron Industrial Park Unit 2; seconded by Council Member Zarksy; and passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones voting, "No." Mayor Pro Tem Turner stated that she would like to make a motion to revise the portion of the platting ordinance for clarification purposes. Mr. Briones explained that the Planning Commission has already requested that this portion be revised and the recommended revision will be presented to the Council for consideration when it is ready. ********** Mayor Jones announced public hearings on three zoning applications. Acting City Manager Briones announced the public hearing on the following application: 1. Application No. 981-15, Mr. David Cantu, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Tract 28, Rolling Acres No. 1 located between Leopard Street and Cardinal Lane. Recommendation of the Planning Commision: That it be denied, but in lieu thereof, a special permit be granted for a day care center addressing access from Leopard Street only, sign size, on-site parking, fence require- ment., and that no expansion be allowed on the existing building. Mr. Briones informed the Council that the Staff recommends denial of the requested "AB" zoning and also denial of a special permit as recommended by the Planning Commission. He stated that in response to the notices of the Public Hearing, 2 in favor and 7 in opposition were returned with an additional 12 in opposition from outside the area of notification. He informed the Council that the 20% rule is in effect. Chief Planner Wenger located the area on the Zoning and 'Land Use Map, described the land use in the surrounding area, showed slides of the area 15 Minutes Regular Council Meeting November 18, 1981 Page 16 and noted that even though access is on Leopard St., the Staff was of the opinion that this area should be retained as "R -1B" because it is in an esta- blished residential area. He noted that the applicant plans to establish a day-care center on this land. Mayor Jones called on the applicant to speak. Mr. David Cantu informed the Council that he and his wife plan to open a day-care center for only 50-60 children; they plan to install a parking area for approximately nine cars; and they will lease this property from the owner for this use. Speaking in opposition to this zoning application was Mr. James R. Burkhardt, 801 Princess Dr. Mr. Burkhardt presented a petition containing 53 signatures from residents of two streets in the area expressing opposition to this change of zoning. He stated that this is approximately 85% of the property owners in the neighborhood. He read the petition as follows: "We the undersigned, being interested property owners, petition the City Council to deny the request of Mr. David Cantu for change of zoning from "R1 -B" One -family Dwelling District to "AB" Professional Office District on Tract 28, Rolling Acres No. 1. We also request the Council deny any special permit for Mr. Cantu to operate a business at this loca- tion because calling it a special permit rather than a zoning change affects none of the reasons we are opposed to the operation of this proposed business. Among the reasons we request denial of this application are: 1. That the presence of a place of business located at this site would alter the residential character of the neighborhood; 2. Would create safety hazards to small children living in the neighborhood; 3. Would lower the value of all residential property in the subdivision; 4. Would violate deed restrictions that are applicable to the property in question." He explained that the deed restrictions specify that no businesses of any type can be operated at this particular lot. He also stated that these restric- tions are automatically renewable every ten years. Council Member Zarsky pointed out to Mr. Cantu that even if a special permit were granted, he possibly could not construct what he planned because of the deed restrictions that exist. Mr. Cantu stated that he thought that he would work around the deed restrictions which are already 30 years old. No one else spoke in regard to this zoning application. 16 'lutes ular Council Meeting "ember 18, 1981 Page 17 A motion was made by Mayor Pro Tem Turner to close the hearing, seconded by Council Member Zarsky and passed unanimously. A motion was made by Council Member Gulley that Application No. 981-15 be denied, seconded by Mayor Pro Tem Turner and passed unanimously. ********** Mayor Jones departed the Council Chamber at 4:05 P.M. and requested that Mayor Pro Tem Turner preside in his absence. Acting City Manager Briones announced the public hearing on the following zoning application: 2. Application No. 1081-4, Mr. Herman R. Johnson, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lots 14, 15, 16 and 17, Block 6, Koolside Addition located on the west side of Airline Road approximately 575 feet south of Gollihar Road. Recommendation of the Planning Commission: That it be denied. - Mr. Briones informed the Council that the Planning Staff recommends denial of "B-1" zoning, but in lieu thereof approval of "AB" zoning. He informed the Council that in response to the notices of the Public Hearing, 2 in favor and 3 in opposition had been returned. Chief Planner Wenger located the area on the Zoning and Land Use Map, described the land use in the surrounding area, showed slides of the area, and stated that the applicant plans to establish a retail strip center at this location. He explained that the Staff recommends approval of "AB" zoning because there is considerably more traffic generated by retail uses than by professional office uses and approval of "B-1" would create more traffic hazards along this street from the required entrances and exits. Mayor Pro Tem Turner called on the applicant to speak. Mr. Herman R. Johnson, who plans to purchase the property, pointed out to the Council that the residences in this area are not as numerous as indicated and there is already a "B-1" zone type of use in the area even though it is operated under a special permit. He read his statement in which he contended that the property is no longer the type that would be good for "Rl-B" use; the traffic is not conducive to residential use; and he hopes to upgrade the area with lovely shops which will produce low volume traffic. He contended that Airline Rd. is going to be a good business street. 17 Minutes Regular Council Meeting November 18, 1981 Page 18 Mayor Pro Tem Turner called for comments from Mr. Wayne Bishop, a member of the Planning Commission. Mr. Bishop stated that he could only reiterate the recommendation of the City Staff because the Planning Commission was of the opinion that "AB" zoning is the must intense use that should be allowed on this street. Speaking in favor of this application was Mrs. Barbara Lampert, agent for the real estate company selling the property. She stated that she had spent a great deal of time in analyzing data on this area of Airline Rd. Mayor Pro Tem Turner interrupted Mrs. Lampert and inquired if this was new evidence that was not presented to the Planning Commission? Mrs. Lampert stated that she had not been allowed to speak in favor of the application at •the Planning Commission meeting, because she had arrived after the hearing was closed. Mrs. Lampert was allowed to continued. She showed slides of this portion of Airline Rd. noting that most of the single- family ,residences in the area have been allowed to deteriorate and are primarily rental property. She pointed out that there are many properties with "B -l" use on which the owners have obtained special permits from the City Council. She informed the Council that the owners of the existing residences would like to have their properties zoned "B-1" also. Mrs. Lampert stated that she had contacted a number of professional people who expressed the opinion that this area would not be appropriate for "AB" zoning because there is no need for that type of use in the area and she had also discussed this with a number of small business men who informed her that this would be an ideal location for "B-1" use. She informed the Council that Mr. Johnson plans to construct one beautiful small business almost immediately and others will be constructed at a later date. She expressed the opinion that these shops will improve the appearane:e of the area and urged that the Council approve the requested zoning. Discussion followed among the Council Members. Mr. Briones pointed out that the Commission that approved the master Zoning Use Map for Airline Rd. between McArdle and Gollihar recommended that the most intense use in this portion should be "AB" zoning. Mrs. Lampert pointed out that there was no opposition from the property owners in the area to this change of zoning. 18 M nutes ilar Council Meeting ember 18, 1981 rage 19 A motion was made by Council Member Kennedy that the public hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Dr. Kennedy that the requested zoning of "B-1" be granted for Application No. 1081-4; seconded by Council Member Dumphy; and passed by the following vote: Turner, Dumphy, Gulley and Kennedy voting, "Aye"; Hawkins voting, "No"; Jones absent from the Council Chamber at the time the vote was taken. Mayor Jones returned to the meeting at 4:36 P.M. and explained that,he had absented the Council Chamber due to the fact that his son-in-law owned j the real estate company involved in the sale of the subject property and he did not want there to be an appearance of a conflict of interest. ********** Acting City Manager Briones announced the public hearing on the following application: Application No. 1081-5, Mr. John Costanzo, for change of zoning from "R -1B" Onefamily Dwelling District -65-71-2" Light Industrial District on Lot 11, Baldwin Moore Farm Lots, located north of the Naval Air Station Railroad and between Holly Road and an unamed 40' dedicated road which is south of and intersects West Point Road approximately 700' west of South Padre Island Drive. Recommendation of the Planning Commission: That it be approved. Mr. Briones informed the Council that the Planning Staff recommends denial and that in response to the notices of the Public Hearing; 3 in favor and 1 in opposition had been returned. Chief Planner Wenger located the area on the Zone and Land Use Map, described the land use in the surrounding area, showed slides of the area, stated that the prospective purchaser plans the relocation of a computer company and the Staff feels that this area could be developed with single-family dwellings. He pointed out that there is a 40 -foot caliche dedicated road that deadends at the :railroad tracks, and the transportation plan calls for an extension of this road. He noted that when the land is platted, a street will have to be dedicated. Mr. Briones also pointed out that there is a new housing! development in the area called La Joya. 19 7 Minutes Regular Council Meeting November 18, 1981 Page 20 Mr. Harold Shearer, of Shearing Engineering, addressed the Council on behalf of the applicant and stated that an industrial -type subdivision is proposed for this tract. He stated that the owner would also agree to improve the caliche road to the west and pointed that since a railroad tract is located right behind the area, this is not an ideal location for residential development. Mr. Shearer expressed the opinion that this should be a low-density area since it is in the vicinity of the Naval Air Station. Mayor Jones inquired if residential development would be ruled out permanently if this zoning application is approved. Mr. Shearer continued by stating that he did not think that industrial use on this tract, would be objectionable since there is already industrial use in the area. He noted that water is available, but no sewer service is available. Mr. Briones pointed out that if this zoning is granted, and if the developer replats this property, he will have the same one-half street requirement as was discussed earlier. Mayor Jones inquired about the types of vehicles that will go to this type of business and Mr. Shearer replied that probably trucks will be going into this property. He stated that his estimate for the cost of the development included the cost of one-half of the street. He informed the Council that Mr. Costanzo, the applicant, resides in California and plans to move his business to Corpus Christi . Speaking in favor of this application was Mr. J. f'. Kucera, 310 Haro]dson, who stated that he is in favor of the change of zoning because he owns the land west of this tract and plans to request "I-2" zoning on his property if approval is granted on this request. He expressed the opinion that this is just progress and urged that the Council approve this application. A motion was made by Council Member Dumphy that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. A motion was made by Council Member Dumphy that the requested change of zoning to "B-1" for Application No. 1081-5 be approved; seconded by Council Member Hawkins and passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; 'Turner absent at the time the vote. was taken. ********** 20 lutes ular Council Meeting /ember 18, 1981 Page 21 Mayor Jones called for the ordinances. Mr. Briones briefly explained the ordinances on the agenda and informed the Council that there is a need to amend the annexation ordinance prior to its third reading. The amendment contained an addition to the section providing for severability as follows: "Section 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision proposition or property description or portion thereof contained in this ordinance, including but not limited to the annexation area descriptions, tract or subdivision descriptions, legal or metes and bounds descriptions, calls of any metes and bounds descriptions, or portions of Jthe areas to be annexed described herein, shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not effect any other section, paragraph, subdivision, clause, phrase, word or provision proposition or property description or portion thereof, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision, proposition or property description hereof be given full force and effect for its purpose." A motion was made by Dr. Kennedy to so amend the ordinance, seconded by Council Member Hawkins and passed unanimously. Mayor Jones called for comments from the Council on the ordinances. Council Member Kennedy referred to the first reading of the ordinance leasing land for grazing purposes and questioned the small amount of the fee. Mr. Briones pointed out that this land is not productive and has little other use. He stated that he was not aware as to whether or not the rental had been increased, and Mayor Jones and Council Member Kennedy requested that they be provided with information in regard to the previous lease rate prior to the third reading of this ordinance. No one else spoke in regard to the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE- YEAR LEASE AGREEMENT FOR GRAZING PURPOSES WITH CHARLES LILE AND G.W. BEARDSLEY FOR A TRACT OF LAND CONSISTING OF APPROXIMATELY 35.555 ACRES, BEING LOTS 9 AND 10, SECTION 21, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS COMMENCING DECEMBER 1, 1981, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT nA" 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". 21 Minu tes Regular Council Meeting November 18, 1981 Page 22 THIRD READING - ORDINANCE NO. 16701: 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, Second Reading - 11/11/81) 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 NC). 16702: 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, Second Reading - 11/11/81). 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. 16703: 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, Second Reading - 11/11/81) 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. 16704: AUTHORIZING PURCHASE FOR THE CONVENTION CENTER OF CHINAWARE, STAINLESS STEEL FLATWARE, AND DISH -HANDLING EQUIPMENT FROM CHAMPION RESTAURANT SUPPLY OF HOUSTON, TEXAS, FOR $55,275.84 AND PURCHASE OF GLASSWARE FROM SYSCO FOOD SERVICE OF CORPUS CHRISTI, TEXAS, FOR $5,837.50; APPROPRIATING $61,113.34 FROM THE CONVENTION CENTER BOND FUND FOR THE AFORESAID PURCHASES, FOR PROJECT NO. 209-76-1.3, CONVENTION CENTER EQUIPMENT; 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". 22 •rtes lar Council Meeting amber 18, 1981 Page 23 ORDINANCE NO. 16705: ANNEXING THE FOLLOWING TRACT OR PARCEL OF LAND: LOTS 3 AND LOTS 9 THROUGH 14, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, A MAP OF WHICH IS RECORDED VOLUME A, PAGES 41 AND 43, MAP RECORDS OF NUECES COUNTY, TEXAS, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER ARTICLE I, SECTION 2(b); PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16706: AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPRAISAL AGREEMENT WITH THOMAS F. DORSEY FOR REAL ESTATE APPRAISAL SERVICES FOR ACQUISITION OF A PARCEL OF LAND IN CONNECTION WITH THE AIRLINE ROAD--WILLIAMS DRIVE TO HOLLY ROAD STREET IMPROVEMENTS, PROJECT NO. 220-77-11, AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $750 OUT OF THE NO. 220 STREET BOND FUND FOR THE AFORESAID SERVICES 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. 16707: AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT AND MUTUAL DISCLAIMER WITH THE OWNER OF BLOCKS A AND B, BAYVIEW ADDITION, FOR THE PURPOSE OF QUIETING TITLE TO SAID LAND AND TO CERTAIN SUBMERGED LANDS OWNED AND CLAIMED BY THE CITY OF CORPUS CHRISTI LYING EASTERLY OF SAID BLOCKS A AND B, BAYVIEW ADDITION, A COPY OF SUCH DISCLAIMER BEING ATTACHED HERETO AND 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. 16708: AMENDING ORDINANCE NO. 15867, PASSED AND APPROVED BY THE CITY COUNCIL ON NOVEMBER 5, 1980, SO AS TO EXTEND THE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI JUNIOR COLLEGE DISTRICT FOR COLLECTION SERVICES THROUGH AUGUST 31, 1982, AS MORE FULLY SET FORTH IN THE AMENDED 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. 16709: AMENDING C)RDINANCE NO. 15866, PASSED AND APPROVED BY THE CITY COUNCIL ON NOVEMBER 5, 1980, SO AS TO EXTEND THE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, FOR COLLECTION SERVICES THROUGH AUGUST 31, 1982, AS MORE FULLY SET FORTH IN THE AMENDED 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". 23 Minutes Regular Coutu it Meering November 18, 1981 Page 24 ORDINANCE NO. 16710: AMENDING ORDINANCE NO. 15595, PASSED AND APPROVED ON JUNE 18, 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 STREETS: (1) Marguerite Street, from South Port Avenue to 19th Street (2) 20th and Bluntzer Streets, from Mary Street to Agnes Street (3) 21st Street, from Ruth Street to Agnes Street (4) Muely Street, from Ruth Street to Mary Street (5) 25th Street, from Morgan to Mary Street (6) 22nd and 23rd STreets, from Buford Street to Mary 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. 16711: AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL SUBMITTED BY THE INTERNATIONAL AERIAL MAPPING COMPANY OF SAN ANTONIO TO PROVIDE AERIAL PHOTOGRAPHS OF DAHLIA TERRACE, BALDWIN PARK, PINEDA PARK AND BROADMOOR PARK AREAS OF THE CITY IN PREPARATION FOR WATERLINE REHABILITATION; APPROPRIATING $13,200 OUT OF THE NO. 162 FEDERAL/ STATES GRANT FUND, DEPARTMENT 152, ACTIVITY 807.05, CODE 502 (7TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT); 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. 16712: APPROPRIATING $43,475.10 OUT OF THE 209 COMMUNITY CONVENTION FACILITY BOND FUND FOR PROJECT 209-76-1.3, CONVENTION CENTER EQUIPMENT, FOR THE PURPOSE OF PURCHASING THEATRICAL LIGHTING EQUIPMENT FOR THE CONVENTION CENTER'S BANQUET HALL FROM MEDIA SPECIALTIES OF SAN ANTONIO ($31,613.10) AND SOUTHWESTERN THEATRE EQUIPMENT COMPANY OF HOUSTON ($11,862.00); 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. 16713: ADOPTING THE FACILITY PLAN FOR THE ALLISON WASTEWATER TREATMENT PLANT AS PREPARED BY URBAN ENGINEERING, AND AUTHORIZING SUBMISSION OF ALL COMPLETED STEP 1 WORK TO THE TEXAS DEPARTMENT OF WATER RESOURCES; AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY THROUGH THE TEXAS DEPARTMENT OF WATER RESOURCES FOR FEDERAL ASSISTANCE FOR STEP 2 WORK FOR THE PLANT AND RELATED IMPROVEMENTS; 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". 24 "'-utes ilar Council Meeting amber 18, 1981 rage 25 ORDINANCE NO. 16714: AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 2 TO THE CONTRACT WITH A. ORTIZ ASPHALT PAVING COMPANY FOR THE RESURFACING OF THE CORPUS CHRISTI MARINA T -HEADS AND L -HEAD TO PROVIDE FOR ADDITIONAL BRICK TO THE PAVILION WALL ON THE PEOPLES STREET T -HEAD, AS MORE FULLY SET FORTH IN THE CHANGE ORDER, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $3,734.90 OUT OF THE NO. 291 PARK BOND FUND FOR THE SAID CHANGE ORDER APPLICABLE TO PROJECT NO. 291-77-13, MARINA T -HEADS AND L -HEAD PAVEMENT REPAIR, HURRICANE ALLEN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16715: CANCELLING AND RESCINDING ORDINANCE NO. 14312, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 10, 1978, WHICH AUTHORIZED AN ARCHITECTURAL CONTRACT WITH TURNER, ROME, BOULTINGHOUSE & ASSOCIATES, INC., ARCHITECTS, FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE DESIGN AND PREPARATION OF PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF ADDITIONS TO THE CORPUS CHRISTI POLICE DEPARTMENT BUILDING, AND DECLARING NULL AND VOID THE TERMS, CONDITIONS AND APPROPRIATIONS ARISING OUT OF SAID ORDINANCE AND THE CONTRACT THEREBY APPROVED; REVERTING THE APPROPRIATION OF $38,000 MADE FROM THE NO. 266 POLICE BUILDING BOND FUND FOR PROJECT NO. 266-77-1, POLICE BUILDING IMPROVEMENTS; 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. 16716: ADOPTING THE REVISED FACILITY PLAN FOR THE FLOUR BLUFF (LAGUNA MADRE) WASTEWATER TREATMENT PLANT AS PREPARED BY URBAN ENGINEERING, AND AUTHORIZING SUBMISSION OF ALL REVISED STEP 1 DOCUMENTS TO THE TEXAS DEPARTMENT OF WATER RESOURCES; AUTHORIZING THE CITY MANAGER TO SUBMIT AN AMENDED STEP 2 GRANT APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY THROUGH THE TEXAS DEPARTMENT OF WATER RESOURCES FOR FEDERAL ASSISTANCE FOR THE STEP 2 WORK FOR THE PLANT AND RELATED IMPROVEMENTS; 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. 16717: AUTHORIZING EXECUTION OF AN ESCROW AGREEMENT WITH MARINA DEL SOL CONDOMINIUMS DEVELOPER PROVIDING FOR THE DEPOSIT OF THE SUM OF $10,000 IN AN INTEREST BEARING ACCOUNT FOR A TERM OF 120 DAYS TO INSURE COMPLETION OF AN EXISTING PRIVATELY OWNED SANITARY SEWER SYSTEM BY THE INSTALLATION OF AN AUXILIARY SEWER PUMP IN ACCORDANCE WITH RECOMMENDED ENGINEERING STANDARDS, A 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". 25 Minutes Regular Council Meeting November 18, 1981 Page 26 ORDINANCE NO. 16718: 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 JOHN COSTANZO BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 11, BALDWIN MOORE FARM LOTS SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL 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. 16719 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 HERMAN R. JOHNSON BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 14, 15, 16 and 17, BLOCK 6, KOOLSIDE ADDITION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; ANI) DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Jones "Abstaining". ********** Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Lewis Lovelace, 1549 Casa Grande, referred to a speech given by Mayor Jones at the Texas Municipal League meeting about taxes and taxpayers. He stated that the Taypayer's Association had placed this before their Executive Committee and that they had some criticism of the statements and figures made by Mayor Jones in his speech, particularly in regard to the number of members of the Association. He explained that the Association membership fluctuates depending upon the actions of the City Council. He expressed the opinion that the Taxpayer's Association has the right to speak and they feel that this City is better off because of the existence of the Taxpayer's Association. ,Mrs. Pat Sullivan, Board Member of the League of Women Voters, stated that they had conducted a survey of the method of election for the City of Corpus Christi and they are prepared to recommend a different method of 26 "'-iutes ular Council Meeting /ember 18, 1981 Page 27 election for City Council. She stated that their consensus was adopted on October 12, 1981, and although they find the current election system has worked well in the past, because of the City's population growth and the changing economic conditions, they feel that a modified single -member district election plan would increase the number of minorities on the City Council. She stated that the League supports a nine -member City Council composed of eight members and a Mayor; they recommend five single -member districts with three Council Members and the Mayor elected at large; and that the two-year term of offices be continued with a limited number of consecutive terms. Council Member Hawkins stated that he would like to see a copy of the survey conducted by the League. Mrs. Sullivan explained that their study consisted of many variables, some of which are not written. Council Member Zarsky expressed the opinion that the best representation in the community comes from people who are interested in all of the community, not just particular districts. He stated that under a single -member district plan, there would be members with special interest for their district only. Mr. Zarsky also stated that if the City must go to a single -member district plan, he would suggest three single -member districts with three plus the Mayor running at large. Mayor Jones expressed appreciation to Mrs. Sullivan for :the work of the League and her presentation. Further discussion followed. Mrs. Kay Noyes, 930 Coral, spoke in regard to the Aquarium. Mrs. Noyes expressed appreciation to the people who wish to construct an Aquarium, but stated that she objected to its location on the Peoples Street T -Head. Mrs. Mary Morales addressed the Council and stated that she had worked as a crossing guard employed by the City and she complied with all of the regulations at that time. She referred to another school crossing guard who is now employed by the City and questioned why she was allowed to work in this position since she has an arrest record. Mr. Briones explained that this is an old case involving an employee who left the City's employment some time ago and he would review the case. Mrs. Oscar Bocock, 1258 Devon, addressed the Council in regard to her work in crime prevention. She explained that she had just returned from 27 Minutes Regular Council Meeting November 18, 1981 Page 28 the 4th Annual Conference of the International Society of Crime Prevention Practitioners in Pittsburgh, Pa. She explained the various events and program covered in the conference and expressed the opinion that apathy exists ir. Corpus Christi. She urged that something be done to help prevent crime and to establish an active committee of all the citizens of the City to work toward this aim. ********** The Council returned to one of the items listed on the Discussion Page of the Workshop Agenda, which was the discussion of the establishment of a Planning Committee. Mayor Pro Tem Turner noted that this subject has been discussed many times and since a Charter Amendment to establish such a committee would be required, she suggested that this item not be listed on the agenda in the future. Council Member Zarsky inquired about the zoning application on the newly annexed area of Padre Island. Acting City Manager Briones stated that the Staff will have such zoning applications for all of the annexed areas very soon. He noted that areas annexed to the City are automatically zoned "R -1B", but existing uses will be allowed and zoning applications will be forthcoming, initiated by the City Staff, to change the zoning for uses other than "R -1B". There being no further business to come before the Council, a motion was made by Council Member Gulley, seconded by Kennedy and passed unanimously, and the meeting was adjourned at 5:42 PM, November 18, 1981. 28