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HomeMy WebLinkAboutMinutes City Council - 11/25/1981MINUTES REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS NOVEMBER 25, 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. The invocation was given by Pastor John T. Bryant of New Hope Independent Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Bob Gulley. 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 proclamation: "CIVIL AIR PATROL WEEK" - December 1 - 7, 1981. Mayor Jones administered oaths to newly appointed members of boards and committees. Mayor Jones next called for appointments to Boards and Commissions and reviewed those discussed during the morning Workshop Meeting. A motion was made by Mayor Pro Tem Turner that the following appointments be confirmed, seconded by Council Member Gulley, and passed a unanimously. 4, -far `� MUNICIPAL INDUSTRIAL COMMISSION: Mr. Arnoldo Garcia (Nominated by the Mayor & appointed by the Council) 1 1.4 HIGNEMED TERM TO EXPIRE: 1-26-82 S 191984 Minutes Regular Council Meeting November 25, 1981 Page 2 TRAFFIC SAFETY ADVISORY BOARD: Mr. Barney Blount PARK BOARD: Mr. Bill Sargent ********* 9-30-83 8-23-83 Mayor Jones announced the scheduled bid opening on the following engineering projects: 1. Construction of a 4' wide concrete sidewalk along Purdue Road from Waldron Road to Windmere Drive. The sidewalk will be constructed on the south side of the road from Waldron Road to near Lombardy Drive and on the north side from east of Lombardy Drive to Windmere Drive. This project is in the 7th Year Community Development Block Grant. Mr. James K. Lontos, P. E., Assistant City Manager, opened bids on this project from the following firms: C & C Industrial Builders, Isles Construction Company, Lewis Construction, Maverick Construction, E. ]. Netek Construction Company, A. Ortiz Asphalt Paving, and K & B Construction Company. Mr. Lontos verified that all bidders had submitted the required bid security bond. 2. Repairs to the roof of the Art Museum of South Texas. The roof was damaged by Hurricane Allen. City Secretary Read informed the Council that a bid from Construction Engineers had been received late in his office and that it would be the Council's decision as to whether or not this bid should be opened. The Council did not offer any objection to the bid being opened. Assistant City Manager Lontos then opened bids on this project from the following companies: E. M. Castillo Roofing Company, Construction Engineers, J & M Roofing, L & M Metal Fabricators, Sechrist Hall, and Beeville Roofing Company. `Mr. Lontos noted that all bidders had submitted the required bid security bond with their bids with the exception of E. M. Castillo Roofing Company who had evidently assumed that the bid would be less than $25,000. 3. A three-year mineral lease underlying 45.3 acres at Nueces River Park. A request has been made to lease the minerals. The mininum cash bonus is recommended to be $50 per acre, the minimum delay rental $10 per acre and the minimum royalty 20%. tes tlar Council Meeting i, 'ember 25, 1981 Page 3 Mr. F. D. Glenn, Purchasing Agent, opened and read the only bid received on this project from Texas Eastern for their proposal of a cash bonus per acre of $115.00, delay rental per acre, $100.00; and royalty to be paid lessor, 22.5% for a total of $5,202.50. Council Member Dumphy inquired as to the reason why this was the only bid received, and Assistant City Manager Bill Hennings replied that the Staff had advertised for bids on this project but the primary reason this was the only bid is that there is not any other oil and gas activity in that area at this time. * Council Members Hawkins and Zarsky arrived at the meeting during the bid opening. 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. ********** Mayor Jones announced a presentation by Mr. Al Jones, Chairman, and Mr. David Bonilla, Vice -Chairman of the Committee of 16 to present a report on the results of their consideration of the Corpus Christi's method of election to the City Council. Mayor Jones thanked Mr. Jones and Mr. Bonilla for their presence and expressed his gratitude and appreciation to the Committee of 16 for their efforts. Mr. Jones addressed the Council stating that he was certain that everyone present was aware that the Committee of 16 had not reached a decision. He stated that he would like to make it clear that his comments relate only from his perception and that he certainly was not speaking for all of the Committee. Mr. Jones reported on the different discussions and actions taken as follows: 1. The . City hiring and employment practices -- a resolution to the City of Corpus Christi to persevere in its efforts to foster well -monitored, equitable hiring practices at all levels of City employment; 2. Appointments and Compositions to City Boards and Commissions -- the Committee's suggestion that the Council should begin to consider appointments to Boards and Commissions with the view of limiting the number of terms to a specific number of years and to make a deliberate effort to make the appointments more representative of geographic origins, whenever possible; and, Minutes Regular Council Meeting November 25, 1981 Page 4 3. Method of Election of City Council Members and Single -Member Districts - briefly explained the various alternatives such as the 5-4 Plan, San Diego Plan, and the Existing At -Large Plan which were considered and no decision was reached. Mr. Jones further reported that on the vote taken for the 5-4 Plan, six had voted in favor, 9 in opposition and 1 abstention; the vote on the San Diego Plan was 2 in favor, 11 in opposition and 3 abstentions; and that on the vole for the Existing At -Large Plan, 10 in favor and 6 in opposition -- this plan also failed to receive a 2/3 vole of the Committee. Mr. Jones assured the Council that by no means was the Committee of 16 a failure. He added that he had attended every meeting and feels that the people on that Committee dealt with the election process as best they could and with an open mind; he expressed the opinion that it would be drastic to change the present method of election unless the Council feels they have a good plan; and that he felt that the Committee of 16 was successful in that the various groups presented their points of view and came to a better understanding of various concerns. Mr. Jones concluded by saying Ihat in view of the fact the Committee of 16 was not able to reach a consensus in choosing a method of election, he would refer the subject back to the Council for their decision. Mayor Jones then thanked Mr. Jones for his presentation and asked if there were any questions from the Council for Mr. Jones. There was no response. Mayor Jones then called on Vice -Chairman David Bonilla. Mr. Bonilla thanked the Council for allowing them the opportunity to speak and stated that not all of the Committee Members agree that everyone had an open mind at the meetings -- the Hispanics wanted a change and the Anglos said, "prove to me that we need a change". Mr. Bonilla expressed the opinion that the Committee was a good indication of the division of the City; there was not much support by the Committee for single -member districts -- the support was for the ethnic representation; he expressed his views on geographical representation; and expressed concern for high -polarized voting in the City. Mr. Bonilla further stated that the Committee was successful in that there was alot of feedback between different ethnics and that his personal feeling is that the Council ought to leave it up to the citizens, adding that the 5-4 Plan is a fair plan. Mr. Bonilla reiterated that it is the Council's prerogative to make utes ular Council Meeting 'l�ovember 25, 1981 Page 5 the decision as to whether or not to bring the vote before the citizens and that several Committee Members had indicated that the City definitely needs a change. Mayor Jones thanked Mr. Bonilla and asked the Council if they had any comments or questions for Mr. Bonilla. Council Member Zarsky commented that the League of Women Voters had made a presentation to them recommending the 5-4 Plan and that he did not agree with that plan because he i believes that the existing At -large system should be retained in the City, but he did concur with the idea that single -member districts were valuable. Mr. Zarsky mentioned the possibility of a 3-3 Plan with the mayoral position being an at -large position and added that, in his opinion, it is important that the City still needs to be governed by a Council elected by a majority of the people -- he would certainly support this. He continued to say that he is not opposed to single -member districts in its entirety but feels that it could result in adversity, and some person could be elected from a single -member district who was not qualified otherwise. Council Member Dumphy expressed his appreciation to the Committee of 16 and stated that he is not surprised the Committee was unable to reach a consensus on the method of election and the reason for this is because the Council selected "leaders" in the community because those are the type of citizens the Council knows. Mr. Dumphy agreed that there is a division in the Community but feels it is created by the "leaders". He expressed concern that the residential areas of the City of Corpus Christi are changing, and it could be that in the future, equal representation might not be possible; suggested that the City should hear from those individuals who are in the rank and file, not just the "leaders"; stated that he does not have a problem with changing if the change is going to be better than what the City now has; expressed the opinion that the City ghould be less political; and reiterated that the "leaders" are dividing this community. Council Member Gulley thanked the Committee of 16 and stated that he would like to describe the Committee of 16's ending as not disbanding but rather completing a charge with one meeting left over. Minutes Regular Council Meeting November 25, 1981 Page 6 Council Member Hawkins also thanked the Committee of 16, Mr. Jones and Mr. Bonilla and stated that he would like to make a motion to the effect that the discussion of total representation on the Council for the entire community and whether or not to submit it to the voters of Corpus Christi be made an item for the Workshop.Agenda the first week in January, 1982. The motion was seconded by Zarsky and passed unanimously. Mayor Pro Tem Turner expressed her gratitude to the Committee of 16 and stated that she thought it admirable that they could meet together week after week to discuss all areas of concern. Council Member Kennedy also thanked the Committee of 16 for their efforts and stated that the charge is back in their hands, and they are going to have to handle it. Council Member Hawkins then asked the Staff to proceed to gather all information necessary regarding single -member districts so that it would be before them during the discussion after the first of January and suggested that Dr. Fred Cervantes and Dr. Bob Rezdek be asked to participate. ********** Mayor Jones next announced the presentation by Commissioner J. P. Luby in regard to the newly annexed area of Padre Island. Mr. Luby addressed the Council requesting that the resolution passed by the previous Council regarding open beaches be renewed and that maintenance of the beaches be made part of the budget. He stated that he would like to work out some kind of an agreement between the City regarding the policing and cleaning of the JFK bridge and pointed out the City's liability on the beaches. Council Member Gulley expressed the opinion that land is not removed from one location to another just because it has been annexed and he does not feel that the City should be responsible for policing and maintenance of the beaches and bridges. Mayor Jones suggested that Commissioner Luby prepare a list of the things that he is requesting the Council to approve and suggested that this be made an agenda item on December 9. Mayor Pro Tem Turner agreed that she would like to see Commissioner Luby's request in writing before it is considered and expressed concern that the ordinance did not specify geographical areas. 'rtes ular Council Meeting ....vember 25, 1981 Page 7 Acting City Manager Ernest Briones assured the Council that the Staff would review the ordinance and if necessary, amend it. Council Member Hawkins expressed concern about the City's possibility of becoming involved in a lawsuit because of the inadequate manner the beaches are maintained. Council Member Zarsky agreed that the City should Look into the extend of the City's liability. City Attorney Bruce Aycock assured the Council that he would have a report on this at the next meeting. Further discussion followed and it was the consensus of the Council to have Mr. Luby prepare a list for consideration of the Council on December 9. ********* Mayor Jones called for confirmation of actions taken during the Workshop Meeting of November 25, 1981. 1. That the recommended changes of the improvements at the Airport Terminal Building be approved. 2. A Workshop Meeting be held at 5:00 P.M. on Monday, December 7, 1981, to discuss a Capital Improvement Bond Election. A motion was made by Council Member Gulley that the foregoing actions be confirmed, seconded by Turner, and passed unanimously. ** Council Member Bob Gulley departed the meeting at 3:45 p.m. 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 be approved for removal of unused driveways and replacement of hazardous curb, gutter and sidewalk in the down- town area, and bids be received December 23, 1981. A total of 36 blocks in the downtown area are included. Unused driveways would be closed and the right-of-way would be improved by installing new sidewalk and curb and gutter where necessary. New sidewalks along Shoreline, Belden and Power Streets will be poured to serve the Chamber of Commerce and Tourist Bureau and the new Convention Center. Assistant City Manager Lontos, P. E., showed a transparency of the area involved and stated that this would be a Community Development Block project. Minutes Regular Council Meeting November 25, 1981 Page 8 t 2. Plans and specifications be approved providing for the construction of Airport ditch access ramps and bids be received December 22, 1981. This is a 7th Year Community Development project and provides for the construction of two reinforced concrete access ramps into the concrete lined portions of the Airport drainage ditch at Greenwood Park and near the Los Encinos Subdivision. The ramps would allow heavy cleaning equipment to enter and leave the drainage channel for maintenance purposes. 3. Change Order No. 7 be authorized for the 'Terminal Building Renovation & Expansion project at the Corpus Christi International Airport for the following additional work: (1) Furnish and install additional vertical reinforcement at masonry walls. (2) Furnish and install additional steel framing at Area 3 - Baggage Claim. (3) Furnish and install additional steel framing at Area 1 - Baggage Unload (4) Furnish and install temporary parti- tions in Area 6. Plywood to be attached to new aluminum framing. $1,665.00 6 $1,527.00 $1,243.00 $2,593.00 $7,028.00 No additional appropriation is needed. 4. A change order for $3,213 be approved which provides for construc- tion of a concrete pad for the emergency generator at the Convention Center. The pad will be one and one-half feet above ground level and will prevent flooding of the generator during heavy rains. B. 1:. Beecroft Company is currently installing handrails in the Convention Center/Auditorium Complex and has agreed to pour the concrete pad. Funds are available from accumulated interest earnings in the Convention Center Bond Fund. 5. $850 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 Carroll Lane (Staples to Brawner Parkway and Padre Island Drive to Tiger Lane) Street Improvements. Since federal funds are involved, an independent real estate appraiser must be employed to establish value. This parcel (10' x 474') is owned by the Corpus Christi Independent School District and is located on Carroll Lane north of Brawner Parkway. The street improvements are included in the Urban Systems Program to be constructed by the State Department of Highways and Public Transportation. The City's portion was included in the 1977 bond election. 6. Final payment of $86,158.67 be made to M & M Construction Company, Inc. for a total of $886,250.60 for expansion of the parking lot and construction of the loop road and access road improvements at the Corpus Christi International Airport. Two additional bays of parking were constructed, the main entrance to the lot was relocated to the north end, the existing lot was overlaid, and short and long-term parking lots were constructed. An additional $14,561.57 needs to be appropriated for cost overruns incurred for additional pavement surfacing. Pavement and curb reconstruction beyond the original scope of the contract was required on the loop road to maintain the continuity of the road surface. The contract was awarded April 16, 1980, and was funded from 1977 bonds and an FAA grant. The contractor exceeded the alloted working time by 20 days and an extension is recommended due to work added by change order. ltes .filar Council Meeting ..,.vember 25, 1981 Page 9 7. An agreement be approved with the developer of the 45 acre St. Clair Industrial Subdivision providing for deferring the construction of approximately 900 linear feet of 24" to 48" diameter storm sewer. The drainage plan for the subdivision, located near, Bear Lane and South Padre Island Drive, requires the storm sewer but the developer desires to plat and sell a 3.6 acre tract out of the subdivision on initial development. Interim drainage would be provided by a small open channel which the developer would maintain. Under the agree- ment, which is a covenant • running with the land, any additional platting or development out of the total tract, except for one addi- tional lot which would have drainage, would require the deferred storm sewer to be built. 8. The recommendation of the Traffic Safety Advisory Board be approved that parking be prohibited at all times on both sides of Schanen Boulevard for a distance of 110 -feet east of Weber Road. This parking restriction is necessary to provide two traffic lanes on Schanen Blvd.'s approach to Weber Road. This action will allow one lane to turn right and one lane to turn left. Affected property owners along this section of Schanen have been contacted and do not object. 9. The following actions be taken on the Tracy Addition Street Improve- ment project: (1) The preliminary assessment roll, showing assessments of $204,917.30 on 286 items be adopted and a public hearing be held January 6, 1982, at 7:00 P.M. at T. G. Allen Elementary School. (2) A public hearing on the closure of existing unused alleys in Blocks 3, 4, 5 and 6 of Tracy Addition and Blocks 1 and 2, Stewart -Newman Addition, be held on January 6, 1982, con- currently with the paving assessment hearing. Bids on this project were received on November 4, 1981. The low bidder of five contractors submitting bids was APCCO with a bid of $1,268,274.05. The project will be funded with 6th Year Community Development funds and street bond funds from the 1977 Bond Program. 10. The recommendation of the Traffic Safety Advisory Board be approved that the following speed zone changes be made: (1) Ayers Street - decrease the speed limit from 40 mph to 35 mph between Port Avenue and a point 50 feet north of Johanna Street. (2) Staples Street - decrease the speed limit from 45 mph to 40 mph between Holly Rd. and Wooldridge Rd. (3) Agnes Street - decrease the speed limit from 50 mph to 40 mph between a point 550 feet west of Baldwin Blvd. to a point 220 feet west of Gibson Ln. (4) Nile Drive increase the speed limit from 30 mph to 35 mph between Ennis Joslin Road and a point 1,000 feet northeast of Pharaoh Drive. These speed zone changes are based on a study of traffic volumes, accidents, current land uses, and measured speeds on each roadway. A hearing be held on December 16, 1981, on the appeal of the deci- sion of the Planning Commission on the plat of Saratoga Place, Block 11 located west of Ayers Street and north of Saratoga Blvd. The applicant is appealing the decision of the Planning Commission to require a 220' building line until the right-of-way for extension of the Crosstown Expressway can be acquired. Minutes Regular Council Meeting November 25, 1981 Page 10 12. The contract with Mr. Jimmy E. Taylor as the Golf Professional at the Oso Golf Course at the compensation of $200 per month be renewed for 3 years. The agreement also leases Mr. Taylor the Pro Shop. The City receives 10% of the gross receipts from golf carts and 5% of gross receipts from all functions of the Pro Shop including merchandise sales and golf lessons. An additional 21/2% is received on income on merchandise sales and golf lessons from $50,000 to $75,000 and an additional 5% on the same income above $75,000. The Park and Recreation Board concurs with this recommendation. 13. Park Dedication Agreement be approved for the 100 South Padre Business/Industrial subdivision with both the developer and the Property Owners Association. The developer will: (1) dedicate 5% of the land for parks (2) fully develop such park land at his cost (3) maintain the park land in perpetuity at no cost to the City The City will: (1) Pay one-half of the abutting street costs, but not to exceed $65,000, (2) provide water for irrigationto the parks at no cost to developer, (3) provide design assistance to the developer 14. The donation of the Merriman-Bobys House and $3500 to partially defray moving expenses be accepted from Mr. Morris Lichtenstein subject to: (1) a favorable recommendation from the Municipal Arts Commission that the house be placed adjacent to other historic homes in the Arts and Science Park; (2) the Landmark Commission adequately providing for the moving and restoration of the house and develops an acceptable use plan. 15. Bids be received Tuesday, December 22, 1981, for a twelve-month supply agreement for approximately 87,500 pints of homogenized milk and 14,000 pints of buttermilk for the Elderly Nutrition Program. 16. Bids be received December 22, 1981, for a twelve-month supply agreement for bakery products of approximately 7,500 loaves of bread, 300 trays of hamburger buns, and 450 packages of rolls for the Elderly Nutrition Program. 17. 25,000 bookbags be purchased from Continental Extrusion Corp., Garden City, N.Y., on the basis of only bid received of $6,760 for use by the South Texas Library System. Prices have increased 12% since Last year's purchase. The bags are included in the 1980/81 grant from the State Library System. The bags, advertising the. System services, are given to users who check out a number of books. The same quantity was purchased approx- imately a year ago. 18. The bait stand lease for Billings' Bait Stand be renewed for 5 years with Mr. and Mrs. Eugene Gianotti. The bait stand is located on state-owned land on the Kennedy Causeway. Mr. and Mrs. Gianotti have agreed to pay rent of $172 per month beginning in 1982. The rent would be renegotiable every two years, with the City having the right to increase the rent up to 25% at the end of each two-year period. The rent is now $86 per month. nutes :gular Council Meeting November 25, 1981 Page 11 19. Monthly rent be increased effective January 1, 1982, for three ' businesses on the Kennedy Causeway: Now Proposed Intracoastal Cafe T9-6 $ 192 Red Dot Bait Stand 102 204 Snoopy's Pier 162 324 The other nine businesses have entered into new leases providing for similar increases in rent. 20. The caliche parking lot at 1824 Mesquite Street be leased for one year from the International Longshoremen's Union Local No. 1224 in return for maintenance of the parking lot by the City. The lot is used for public parking for events at the Harbor Playhouse and Convention Center. 21. The recommendation of the Bay Drilling Commitee that a request from Getty Oil Company to amend the location of their State Tract 72-A well No. 1 be approved. A permit to drill the well from an irregular location 6200 feet seaward of City Hall was approved at the Council Meeting on September 9, 1981. The amended irregular location would be 6000 feet seaward of the Ocean Drive and Buford Street intersection. After the permit was granted, a Getty Oil Company well two miles seaward of City Hall was plugged and abandoned as a dry hole, therefore, the reason for the requested change. 22. The recommendation of the Bay Drilling Committee that C -K Resources be permitted to drill a well from an irregular location 7000 feet seaward of the Portland shoreline be granted. The State Tract 24 well No. 1 will be drilled as a straight hole to a depth of 7000 feet. Except for one drill site, the regular cluster areas for State Tracts 13 and 24 are in the Bay Park Area and cannot be used for surface structures. C -K Resources is the lessee of both State Tracts, and the drill site will serve as the cluster area for both State Tracts. No other exceptions to the Bay Drilling Ordinance are requested. 23. One additional spectrophotometer be purchased for the Health Department from VWR Scientific, Houston, on the basis of low bid of $6,495. The low bidder, Fisher Scientific, has requested its bid of $5,011.40 be withdrawn due to error in price calculation. Five bids were received. The additional unit will be used to analyze water samples under a renewed contract with the Texas Department of Water Resources. The new contract adds samples from the Lower Rio Grande Valley and increases the estimated reimbursement to the City by $16,000 to $60,000. Mayor Jones inquired as to what a spectrophotometer did, and Acting City Manager Briones replied that a spectrophotometer is a computerized analysis machine that runs tests on water analysis. 24. Bids received December 22,- 1981, for data processin4 equipment for the Water Division and Health Department. The Health Department computer will be used for budget, accounting and administrative functions. The Water Division will use the equipment to develop pump operation procedures to permit the most cost-effective pump combinations, establish chemical feed rates for different raw water conditions and demand rates for more effective use of chemicals, develop statistical data for reports made to various agencies and automate meter and tap records. Minutes Regular Council Meeting November 25, 1981 Page 12 25. Bids be received Tuesday, December 22, 1981, for a twelve-month supply agreement for blueprint service for various City departments. 26. Industrial district agreements be approved with Custer Welding Service, Inc., located at the southeast corner of Hunter Lane and UpRiver Road and Navigation Fuel and Scale Company, Inc., located at the northeast corner of UpRiver Road and Navigation Boulevard. These are the last two companies which submitted signed alternate industrial district agreements without a minimum payment provision by the deadline previously established by the City Council so as their property would not be part of the annexation election. The land descriptions of the two companies have just recently been verified. 27. An alternate industrial district agreement be approved with BWT- ! Moore, Inc. This company has submitted signed copies of the alternate agreement without a minimum -payments provision and has asked that it be substituted for the original agreement. 28. Tax Roll Adjustments for period 11-1-80 thru 1-31-81 be approved for the following: Tax Levies 11-1-80 Recommended changes 11-1-80 thru 1-31-81 Tax Levies 1-31-81 City of Water Corpus Christi District Prior Years Prior Years 1980 Levy Levies Levies $21,830,099 $1,999,568 $20,950 (41,954) $21,788,095 (77,972) $1,921,596 ( 110 ) $20,840 The net decrease of $41,954 to the 1980 City Tax Levy consists of a net decrease of $12,991 in real property and $28,963 in personal property. Real property adjustments include a decrease of $4,242 for 53 taxpayers whose Homestead Exemptions proved valid; an increase of $2,388 for 26 properties Supplemented to the Roll and an increase of $8,382 for 53 properties that were Divided. Adjustments to personal property included a decrease of $10,424 for 42 properties Double Assessed, a decrease of $18,794 for 50 taxpayers who Presented Records, and an increase of $6,380 for 18 properties Supplemented to the Roll. 29. An additional $9,600 be appropriated for the City's share of construction costs on Carroll Lane from Staples to Gollihar & Padre Island Drive to Tiger Lane. Bids were received by the State Department of Highways & Public Transportation and the additional funds required are based on actual costs. This project was included in the 1977 bond election and will be funded jointly by the City and State under the Urban Systems Program. $455,600 has been previously appropriated. Mayor Jones ascertained that no one in the audience wished to speak on the City Manager's Reports. A motion was made by Council Member Zarsky that the City Manager's Reports, items 1 through 29, be approved; seconded by Council Member Kennedy; and passed by the following vote: Jones, Dumphy, Kennedy and Zarsky voting, "Aye"; Turner, Gulley and Hawkins, "absent" at the time the vote was taken. lutes .:gular Council Meeting November 25, 1981 Page 13 ********* Mayor Jones called for the consideration of the following pending zoning matters: 1. Scott Electric Co. from "R -1B" to "1-2" on Lot 9, Block 7 and Lot 4 Block 8, Shoreline Park Addition located on both sides of John Street approximately 100 feet west of North Port Avenue. A public hearing was held on this case on May 27, 1981 and a' special permit was approved for a storage building for electrical supplies with a standard screening fence required along the north, south and west property lines. The required site plan has not been received. The six-month time limit on the case expires today. The Planning Commission ' recommended approval of "1-2". 2. Ms. Maria De La Luz lzquierdo, M.D., for change of zoning from "AB" to "B-1" on Lot 10, Block 1, Koolside Addition located on the west side of Airline Road approximately 650' north of McArdle Road. A public hearing was held on this application on May 27, 1981, and a special permit was approved for a retail store for the sale of imported food and clothing. The required site plan has not been submitted. The six-month time limit on the case expires today. The Planning Commission recommends denial. Acting City Manager Briones stated that these cases hive been pending for six months; every effort had been made without success to contact the applicant; therefore, the Staff recommends that these requests be denied. A motion was made by Council Member Kennedy that both zoning cases be denied; seconded by Council Member Dumphy; and passed by the following vote: Jones, Turner, Dumphy, Flawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ********** Mayor Jones announced the public hearing on the following matter: Request to close Lemonwood Drive from Erskine Drive south to the boundary of Candlewood Subdivision Unit 7. Property south of the existing deadend 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. The staff concurs with the request to close the street provided the applicants remove the existing street and reconstruct the cutbs, sidewalks, and driveways as needed at their expense. Assistant City Manager James K. Lontos, P.E., presented slides of the area involved. Mr. Lontos explained the different options available relative to the question of a closure of this portion of Lemonwood Drive by stating that the City could (1) leave Lemonwood Drive open as it is but required the applicant Minutes Regular Council Meeting November 25, 1981 Page 14 to install a permanent -type, dead-end barricade using 12" diameter creosote posts at 10 -foot centers and a steel-flexbeam type of guard rail the full width of the right-of-way; (2) close the street, retain easements and remove all semblance of I.emonwood Drive at the applicant's expense; (3) close Lemonwood Drive, leave all street improvements, but construct, at applicant's expense, one or two driveways at intersection openings so as to remove all semblance of a public intersection, and construct barricades; (4) construct a cul-de-sac at the , dead-end on developer's property at developer's expense with appropriate right-of-way to be developed; (5) and/or extend Lemonwood Drive through developer's property to connect either to Holly Road or Airline Road. Mr. Lontos stated that the Staff is recommending that the street be closed and this property be given to the abutting property owners. Council Member Zarsky inquired of Mr. Lontos if the abutting property owners had been contacted to see if they would accept this, and Mr. Lontos replied that the only two property owners involved had been contacted and apparently, the abutting property owners do not concur. Mayor Jones pointed out that this is a public hearing and invited members of the5audience to speak. Mr. Archie Brawner, representative for Mrs. Jonell Irene Simms, 6257 Erskine, addressed the Council, stating that Mrs. Simms' main concern was not the apartment proposed, nor even the street closing -- her main concern was the drainage problem. Mr. Brawner stated that Mrs. Simms was not interested in obtaining any further property which would increase her taxes and that she would like to see it either left as it is for continued use as a parking place or turn it into a cul-de-sac so that parking could be continued, but that she would strictly be against any type of traffic pattern going through Lemonwood into the apartment complex. Mr. Brawner stated that his client has received very little information, and none of the people she has talked to had heard much about this either. Mr. Brawner proceeded to say that after hearing Mr. Lontos' presentation, he understands more about what is being planned, and he is certain that Mrs. Simms would agree to the cul-de-sac but certainly would not accept more property for tax purposes. utes jular Council Meeting tvovember 25, 1981 Page 15 Mr. Tim Clower, applicant, stated that their firm had purchased 28 acres in April, 1981 which they plan to develop within a four to five-year period; the first item they had to address was the drainage problem; assured the Council that this is being worked out and will be resolved in the very near future; assured everyone that they have no concerns about the circulation in and out. of the two tracts -- they could close the street, construct a cul-de-sac, or give it to the abutting property owners. Mr. Clower agreed with the City Staff that either the first or third method would be the best possible solution. Mr. Clower added that if they closed the street, they could tear up the asphalt, plant grass on it and curb it across the front, put driveway entrances in or even cul-de-sac the street. Mayor Jones stated that he felt that part of the problem on this is because the people did not understand what would be done on the drainage. Mr. James Lontos spoke again stating that the Staff would have no objection to the driveway and would recommend the closing of the street pointing out that another consideration would be the security required for the apartment projects. Mr. Archie Brawner stated that this is the first that they have heard about the proposed plans; it sounds like a good idea; stated that his client's concern was mainly about taxable property, traffic pattern and the drainage; and is sure that Mrs. Simms would take all the information that was presented into consideration. He stated that he would take Mr. Clower's address and phone number and contact him on an agreement. Motion by Zarsky that the hearing be closed; seconded by Turner; and passed by those present and voting. Motion by Turner that the Council concur with the Staff's recommendation on the closing of Lemonwood Street subject to the abutting property owners' concurrence; seconded by Dumphy; and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ********* Minutes Regular Council Meeting November 25, 1981 Page 16 Mayor Jones announced the public hearing on three zoning cases. Acting City Manager Ernest Briones announced the public hearing on Application No. 1081-3, Alva L. Blaine, M.D., for a change of zoning from "R -1B' One -family Dwelling District to "B-1" Neighborhood Business District on Lot 3, Block 6, Koolside Addition located on the west side of Airline Road approximately 150' north of Kimbrough Drive. Acting City Manager Briones informed the Council that both the Planning , Commission and the Planning Staff recommend denial of "B-1", and in lieu thereof approval of "AB" Professional Office District and that in response to the notices of the public hearing, three in favor had been returned. Mayor Jones called on the applicant to speak. Dr. Alva Blaine, the applicant, appeared and stated that she would like to have the property zoned "B-1" Neighborhood Business District, and if that is not possible, she would accept a special permit to operate an antique and small gift shop. No one appeared in opposition. Motion by Zarsky that the hearing be closed, seconded by Dumphy, and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye", Gulley, "absent". Motion by Turner that the Council concur with the Planning Commission's recommendation for denial of "B-1" but in lieu thereof approval of "AB" Professional Office District; seconded by Dumphy; and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ********** Acting City Manager Briones announced the public hearing on Application No. 1081-8, United Investors II, for a change of zoning from "B-3" Business District to "B-4" General Business District on Lot A, Block 2, South Bay Annex located between South Bay Drive and Sea Breeze Drive on the north side of State Highway 358. Mr. Briones stated that both the Planning Commission and the Planning Staff recommend approval and that in response to the notices of the public hearing, one in opposition had been returned. tes alar Council Meeting November 25, 1981 Page 17 Mayor Jones ascertained that no one in the audience wished to speak on this zoning application. Motion by Dumphy that the hearing be closed, seconded by Hawkins and passed by those present and voting. Motion by Turner that Application No. 1081-8, United Investors II for change of zoning be approved as presented; seconded by Dumphy; and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ********* Acting City Manager Briones announced the public hearing on Application No. 1081-9 Calaway/Hawn Joint Venture, for a change of zoning from "A-2" Apartment House District to "B-4" General Business District on Lot 2, Block 1, Country Club Estates Unit 22 located at the southwest corner of Everhart Road and Middlecoff Road. Acting City Manager Briones informed the Council that both the Planning Commission and the Planning Staff are recommending denial and that in response to the notices of public hearing, none had been returned. Chief Planner Larry Wenger located the area on the Zoning and Land Use Map, described the land use in the surrounding area, showed slides of the area and stated that the applicant desires to build a permanent sign illuminated by ground flood lights and that the Staff does not recommend the change of zoning to accommodate a sign, as it is the Staff's opinion that it would set a precedent for other apartment units in the area. Mr. Wenger further pointed out that the "A-2" district allows a sign of 15 square feet in area located on the building and not to project more than 18" from the wall. Mayor Jones then called on the applicant to speak. 'Mr. Pete Burkett, 6701 Everhart, representative for Holloway Properties, explained that under the present zoning, they are allowed to have a sign flat against the building but they would prefer the proposed sign of approximately 12' 8" long by 10' 9" high, with approximately 2' wide brick columns on either side. Mr. Burkett stated that he is of the opinion that it is necessary to have this type sign because there are so many apartment units in the area and this sign could differentiate one from the other. Mr. Burkett further stated that they would be willing to accept a special permit. Minutes Regular Council Meeting November 25, 1981 . Page 18 A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Hawkins and passed. • Council Member Zarsky inquired of the Staff if the proposed location of the sign might be considered a traffic hazard in addition to the fact that it does not meet the zoning requirements. Acting City Manager Briones stated that the only problem was that there are several apartment complexes in the area, and if allowances were made on , this request, a precedent might be set and this could present a problem. Council Member Hawkins inquired if it were possible to grant a special permit on this request, and Mayor Luther Jones replied that he really did not see any justification for this. Council Member Dumphy commented that the Council should abide by the ordinance and not make exceptions. Motion by Dumphy that the Council concur with the Planning Commission's recommendation to deny Application No. 1081-9; seconded by Hawkins; and passed by the following vote: Jones, Turner, Dumphy, Hawkins, and Zarsky voting, "Aye"; Kennedy, out of the Council Chambers at the time the vote was taken; Gulley, "absent". ********* A motion was made by Mayor Pro Tem Turner, seconded by Kennedy, and passed that the Council consider petitions or information from the audience on matters not scheduled on the agenda prior to the reading of the ordinances to allow Mr. Miguel Pro, President of the Downtown Retail Merchants Association, to speak. Acting City Manager Briones pointed out to the Council that Mr. Pro's request was Discussion Item #9 on the morning Workshop Agenda for a request to suspend parking meter enforcement on Saturdays and to allow free parking two weeks prior to Christmas. Mr. Briones stated that this matter had been taken before the Traffic Safety Advisory Board and that the Board did not recommend that the meters be taken out entirely because they felt that ' employees in that area would take up the parking spaces and the merchants • really would not benefit. Mr. Briones stated that the Board had recommended issuing courtesy cards and called on Tom Stewart, Director of Traffic and Transit, to explain. utes ,ular Council Meeting ovember 25, L981 Page 19 Mr. Stewart explained that the Traffic Safety Advisory Board had recommended that shoppers be given a Christmas Courtesy Card on expired meters to allow them 15 to 30 more minutes of shopping or simply getting change from merchants but they definitely had recommended against eliminating the charge for the meters entirely. Mayor Jones then called on Mr. Pro to speak. Mr. Miguel Pro submitted a request to the Council for a shuttle bus to operate between the hours of 11:00 a.m. and 2:30 p.m. from the financial area "on the hill" to the downtown shopping area, stating that this would ease the burden of shopping for the people employed there and also requested that the wooden soldiers be used at the parking meters to ease the burden of limited time, and to encourage the shoppers to avail themselves of the complete facilities for all holiday shopping to overcome some of the competition presented by the malls with their unlimited parking privileges. Council Member Hawkins suggested the possibility of the shopper getting the parking ticket stamped by the merchant so as not to be required to pay a fine. Further discussion followed among Council Members as to what method to use in allowing for free parking for shoppers. A suggestion was mentioned that paper bags be placed over the meters on those days that free parking is to be allowed. City Secretary Bill G. Read suggested that a tag with a Christmas greeting be placed over the slot. Mayor Jones then asked for the Staff's comments in this regard. Acting City Manager Briones stated that Lhere was no real opposition from the Staff to lift the meter requirements -- the problem was in the policing of the meters. Mr. Briones inquired of Mr. Pro if the Central Business Merchants Association was willing to place the paper bags or tags on the meters, and Mr. Pro replied that they would handle the maintenance part of it. Mayor Pro Tem Turner suggested that perhaps parking fees could be eliminated all day on Saturday from now until Christmas and all day two weeks prior to Christmas. Acting City Manager Briones stated that he would like to separate the two issues and recommend that there be no meter enforcement on whatever days decided. Minutes Regular Council Meeting November 25, 1981 Page 20 A motion was made by Mayor Pro Tem Turner that the City agree to free parking for the entire month of December on that area below the Bluff; seconded by Council Member Kennedy. Mayor Jones inquired of Mr. Stewart how much revenue would be involved, and Mr. Stewart replied that it would be $5,000 for a two-week period. Council Member Kennedy commented that if the Central Business District Merchants receive as much sales as they feel they will through this effort, then the City should be reimbursed through the sales tax. Mayor Pro Tem Turner stated that she would like to include in her motion that the Central Business District Merchants report in two weeks if this is not working. Mayor Jones called for the vote on the motion and it passed by those present and voting. On the bus shuttle service request, a motion was made by Council Member Hawkins that this be made a discussion item for the Workshop Agenda of December 9 to allow the Staff to bring forth more information; seconded by Mayor Pro Tem Turner; and passed by those present and voting. Mayor Jones called for the ordinances. Acting City Manager Briones ' briefly explained the ordinances on the agenda, referring in particular to Ordinance No. 6 regarding "updated service credits" under the Texas Municipal Retirement System for service performed by qualifying members of such system, withdrawing it from consideration and recommending that Ordinance No. 16, authorizing a park dedication agreement with SAA81, Joint Venture and the 100 South Padre Property Owners' Association, be a three reading ordinance. There were no comments on the ordinances. City Secretary Read polled the Council for their votes and the following ordinances were passed: FIRST READING: AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED BY AMENDING SECTION 53-252, SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY ADOPTING PROVISION THAT WILL PROHIBIT PARKING AT ALL TIMES ON SCHANEN BOULEVARD, BOTH SIDES, FROM WEBER ROAD TO A POINT 110 FEET SOUTHEAST OF WEBER ROAD; AND PROVIDING FOR PUBLICATION. utes ,ular Council Meeting .dvember 25, 1981 P.age 21 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent_'. FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, AND PARTICULARLY AMENDING SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, WHICH WILL HAVE THE EFFECT OF SETTING AND RESETTING SPEED LIMITS ON PORTIONS OF' NILE DRIVE, AGNES STREET, STAPLES STREET, AND AYERS STREET AS MORE FULLY SET FORTH HEREIN; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second , reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ti FIRST READING: AUTHORIZING THE -CITY MANAGER TO EXECUTE AN AGREEMENT AND CONTRACT WITH JIMMIE EDWARD TAYLOR AS GOLF PROFESSIONAL AT A COMPENSATION OF $200 PER MONTH AT THE OSO MUNICIPAL GOLF COURSE; LEASING TO SAID JIMMIE EDWARD TAYLOR THE GOLF PRO SHOP AT THE OSO MUNICIPAL GOLF COURSE FOR A PERIOD OF THREE YEARS FOR AND IN CONSIDERATION OF THE COMPENSATION TO THE CITY OF TEN (10%) PERCENT OF ALL INCOMF. FROM GOLF CARTS, AND FIVE (5%) PERCENT OF THE GROSS RECEIPTS OF ALL FUNCTIONS OF THE PRO SHOP, INCLUDING MERCHANDISE SALES AND GOLF LESSONS. AN ADDITIONAL TWO AND ONE-HALF (21/2%) PERCENT OF INCOME ON MERCHANDISE SALES AND GOLF LESSONS FROM $50,000 TO $75,000 AND AN ADDITIONAL FIVE (5%) PERCENT OF SAME INCOME OVER $75,000 SHALL BE PAID TO THE CITY, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MR. AND MRS. EUGENE GIANOTTI DBA BILLINGS' BAIT STAND FOR USE OF TRACT 14 OF THE COASTAL PUBLIC LANDS, BEING SITUATED AT THE INTRACOASTAL CANAL CROSSING ON THE PADRE ISLAND CAUSEWAY, FOR FIVE YEARS FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS AND RELATED SERVICES TO FURTHER PUBLIC RECREATION, AND PROVIDING FOR A MONTHLY RENT OF $172, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". FIRST READING: 0 AUTHORIZING THE CITY MANAGER TO EXECUTE A PARK DEDICATION AGREEMENT WITH SAA -81, JOINT VENTURE, AND THE 100 SOUTH PADRE PROPERTY OWNERS' ASSOCIATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". Minutes Regular Council Meeting November 25, 1981 ' Page 22 SECOND 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 nAn The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16723: AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE-YEAR LEASE AGREEMENT WITH THE INTERNATIONAL LONGSHOREMEN'S UNION LOCAL NO. 1224 FOR USE OF A CALICHE PARKING LOT AT 1824 MESQUITE STREET FOR PARKING IN CONNECTION WITH EVENTS AT THE HARBOR PLAYHOUSE AND THE CONVENTION CENTER, A SUBSTANTIAL COPY OF WHICH LEASE 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, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16720: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. Riggan, Cloyde, Lynch and Terrace Streets, from Baldwin Boulevard to 19th Street; 2. Elizabeth Street, from Baldwin Boulevard to 18th Street; 3. 19th and Tracy Streets, from Prescott Street to Terrace Street; and 4. McKenzie Street, from 18th Street to 19th Street; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGNCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16721: APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. Riggan, Cloyde, Lynch, and Terrace Streets, from Baldwin Boulevard to 19th Street; 2. Elizabeth Street, from Baldwin Boulevard to 18th Street; 3. 19th and Tracy Streets, from Prescott Street to Terrace Street; and McKenzie Street, from 18th Street to 19th Street; utes jular Council Meeting november 25, 1981 Page 23 DETERMINING AND FIXING THE PROTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, TFIE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD WEDNESDAY, JANUARY 6, 1982, AT 7:00 P.M., IN T. G. ALLEN ELEMENTARY SCHOOL CAFETERIA, 2022 ELIZABETH, IN THE CITY OF CORPUS CHRISTI, TEXAS, TC) GIVE NOTICE: OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16724: AMENDING ORDINANCE NO. 16577 WHICH AUTHORIZED AN INDUSTRIAL DISTRICT AGREEMENT WITH BWT-MOORE, INC. TO SUBSTITUTE AN ALTERNATE AGREEMENT ATTACHED HERETO AS EXHIBIT "1" FOR TFIE 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, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16725: AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH CUSTER WELDING SERVICE, INC. FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 44"; EXEMPTING SUCH AREA FROM ANNEXATION AND PROVIDING FOR AN ANNUAL PAYMENT IN LIEU OF TAXES TO THE CITY DURING THE TERM THEREOF, ALL AS MORE FULLY SET FORTH IN THE INDUSTRIAL DISTRICT AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT 1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16726: AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH NAVIGATION FUEL & SCALE COMPANY, INC. FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 55"; EXEMPTING SUCH AREA FROM ANNEXATION AND PROVIDING FOR AN ANNUAL PAYMENT IN LIEU OF TAXES TO THE CITY DURING THE TERM THEREOF, ALL AS MORE FULLY SET FORTH IN THE INDUSTRIAL DISTRICT AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT 1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". E ORDINANCE NO. 16727: AUTHORIZING THE CITY MANAGER TO EXECUTE: AN AGREEMENT WITH 1. W. HICKHAM, JR., CONCERNING DEFERRAL OF CONSTRUCTION OF APPROXIMATELY 900 LINEAR FEET OF 24 -INCH TO 48 -INCH DIAMETER STORM SEWER IN A 44.78 -ACRE TRACT PROPOSED TO BE KNOWN AS ST. CLAIR INDUSTRIAL PARK, AND PROVIDING FOR CONSTRUCTION AND MAINTENANCE OF A' DRAINAGE SWALE, THE AFORESAID AGREEMENT TO BE A COVENANT RUNNING WITH °THE LAND, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. Mihutes Regular Council Meeting November 25, 1981 Page 24 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16728: AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 TO THE CONTRACT WITH B. E. BEECROFT COMPANY, INC. FOR BUILDING MODIFICATIONS TO THE CORPUS CHRISTI COMMUNITY CONVENTION CENTER/AUDITORIUM COMPLEX WHICH PROVIDES FOR THE CONSTRUCTION OF AN ELEVATED PAD TO SUPPORT THE EMERGENCY GENERATOR; A COPY OF WHICH CHANGE ORDER IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $3,213 OUT OF THE NO. 209 COMMUNITY CONVENTION CENTER BOND FUND FOR CHANGE ORDER NO. 1 APPLICABLE TO PROJECT NO. 209-76-1.3, CONVENTION CENTER/AUDITORIUM MODFICATIONS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16729: APPROPRIATING $14,651.57 OUT OF THE NO. 245 AIRPORT BOND FUND FOR COST OVERRUNS ON THE CONTRACT WITH M & M CONSTRUCTION COMPANY, INC., FOR PARKING LOT, ACCESS ROAD AND LOOP ROAD CONSTRUCTION AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT APPLICABLE TO PROJECT NO. 245-7-2, AIRPORT PARKING LOT, LOOP ROAD AND ACCESS ROAD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16731: 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 CARROLL LANE -STAPLES TO BRAWNER PARKWAY AND PADRE ISLAND TO TIGER LANE STREET IMPROVEMENTS, PROJECT NO. 220-77-3, 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 $850 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, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16732: AMENDING THE ZONING ORDINANCES 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 CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT 1 FROM "F -R" FARM RURAL DISTRICT AND "R -1B" ONE FAMILY DWELLING DISTRICT TO "I-3" HEAVY INDUSTRIAL DISTRICT; CHANGING THE ZONING ON TRACT 2 FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT; CHANGING THE ZONING ON TRACT 3 FROM "F -R" FARM RURAL DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT; CHANGING THE ZONING ON TRACT 4 FROM"R-1B' ONE FAMILY DWELLING DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT CHANGING THE ZONING ON TRACT 5 FROM "F -R" FARM -RURAL DISTRICT TO Minutes Regular Council Meeting November 25, 1981 Page 25 "I-2" LIGHT INDUSTRIAL DISTRICT; CHANGING ZONING ON TRACT 6 FROM "F -R" FARM RURAL DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT, ALL AS MORE FULLY DESCRIBED HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16722: APPROPRIATING $9,600 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S SHARE OF CONSTRUCTION COST OVERRUNS ON CARROLL LANE, STAPLES TO GOLLIHAR AND PADRE ISLAND DRIVE TO TIGER LANE, TO SUPPLEMENT $455,0) PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 16615 ON OCTOBER 21, 1981, AS REQUESTED BY THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION UPON RECEIPT OF BIDS; APPLICABLE TO PROJECT NO. 220-77-3, CARROLL LANE, STAPLES TO GOLLIHAR & PADRE ISLAND DRIVE TO TIGER LANE, WHICH IS TO BE PLACED IN ESCROW WITH THE TEXAS STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16733: AMENDING 'rHE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27T}I DAY OF AGUUST, 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 ALVA L. BLAINE, M. D. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 3, BLOCK 6, KOOLSIDE ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT: AND GRANTING A SPECIAL COUNCIL PERMIT FOR AN ANTIQUE AND SMALL GIFT SHOP; 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, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16734: 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 UNITED INVESTORS II BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT A, BLOCK 2, SOUTH BAY ANNEX, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-3" 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, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". , Minutes Regular Council Meeting November 25, 1981 Page 26 Mayor Jones referred to the Discussion Item #11 on the morning Workshop Agenda for consideration of the appeal of Mrs. Anita Garza, Municipal Court Clerk, from the decision of the Civil Service Board regarding the suspension of Ana Buckles and suggested that the request be considered at this time. After some discussion, a motion was made by Council Member Dumphy that this be a discussion item on December 9 to review the transcript and set a hearing; seconded by Kennedy; and passed by those present and voting. ********* Regarding item 12 of the discussion of the engineering study and recommendations for the L -Head and T -Heads repair and breakwater improvements, Council Member Hawkins suggested that information on this item be sent to them in their packets the Friday before prior to discussion during the Workshop Meeting of December 9. There being no further business to come before the Council, on motion by Turner, seconded by Zarsky and passed unanimously, the Regular Council,' Meeting was adjourned at 5:40 p.m., November 25, 1981. I, Luther Jones, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of October 3, 1981 through October 28, 1981, inclusive, and having been previously approved by Council action are by me hereby approved as itemized: October 3, 1981 - Special Council Meeting October 7, 1981 - Regular Council Meeting October 14, 1981 - Regular Council Meeting October 21, 1981 - Special Council Meeting October 21, 1981 - Regular Council Meeting October 28, 1981 - Regular Council Meeting