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HomeMy WebLinkAboutMinutes City Council - 12/09/1981MINUTES • REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS DECEMBER 9, 1981 2:00 P.M. PRESENT:F 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 ' ** 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 Paul E. Grout of Grace United Methodist Church, following which the Pledge of, Allegiance to the Flag of the United States was led by Council Member Jack Dumphy. 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 noted the issuance of the following Proclamations: _ "Creative Arts Center Pre -Christmas Festivity Days" December 4 - 20, 1981; "Pearl Harbor Survivors' Day" December 7, 1981; "Roger Bateman Day"_December 9, 1981; "Harbor Lights Week" December 9 - 15, 1981; "Christmas Seal Month" December, 1981. Mayor Jones administered the oath to newly appointed Board and Committee members. Mayor Jones announced appointments to Boards and Commissions and reviewed the appointments discussed during the morning Workshop Meeting. . A motion was made my Mayor Pro Tem Turner that the following appoint- ments be confirmed; seconded by Council Member Zarsky; and passed unan- imously: SENIOR COMMUNITY SERVICES ADVISORY BOARD Mrs. Aldine Burton TERM TO EXPIRE 12-26-82 j►�IIEQ SSP 191984 Minutes Regular Council Meeting December 9, 1981 Page 2 LANDMARK COMMISSION Dr. Mike Meltzer 11-20-83 Mrs. GLoria Sylvia Fuller 11-20-83 COASTAL BEND CONSORTIUM PLANNING COUNCIL 10-1-81 thru 9-30-82 Ms. Gloria Deverick (Community-based Organization) Dr. Walter McCoy (Other Educational Sc Training Inst.) Mr. Joe Quesada (Organized Labor) Mrs. Grandis Lenken (Business) Ms. Susan Noyes (Agriculture) Mr. Oscar Reyna (Texas Employment Commission) Mrs. Mary Rhodes (Employees not represented by Organized Labor) PRIVATE INDUSTRY COUNCIL 10-1-81 thru 9-30-82 Mr. Jose Montoya (Private Industry) - Mr. Edward L. Sample (Private Industry) Mr. Rick Diegal (Organized Labor) *rpt****** Mayor Mayor Jones announced bid openings on the following engineering projects: 1. Swantner and 15th Street Drainage Improvements. This project provides for storm sewer to be installed in both 15th Street and Swantner Drive from Louisiana Boulevard easterly to Ohio and Indiana Streets. The project was originally bid on May 7, 1980 but the bids were rejected due to the high cost of the Swantner storm sewer. The project has been redesigned to reduce the size and depth of the pipe in order to bring it within funds available. The project was in the ,. 1977 bond election. James K. Lontos, P.E., Assistant City Manager, opened bids on this project from the following firms: Claude Chapman Construction Co.; Heldenfels Brothers, Inc.; Isles Construction Company; and Maverick Construction Company. Mr. Lontos verified that the required bid security bond had been submitted with each bid. 2. Marina Improvements and Kiwanis Recreation Center Improvements. This is a Hurricane Allen damage project and provides for the replacement of the Marina Office and fueling facility on the Lawrence Street T -Head, replacement of a bait stand on the L -Head and repairs to the Kiwanis Recreation Center on Corpus Christi Beach. All of the facilities will be replaced to the size which existed prior to the hurri- cane except the underground fuel tanks at the T -Head fueling facility which will be replaced larger than existed in pre -hurricane condition. Mr. Lontos opened the only bid received on this project from the B. E. Beecroft Company, Inc. Mr. Lontos verified that the required bid security bond had been submitted with the bid. Mayor Jones questioned why only this bid was received and why it was so much more than the engineer's estimate. 2 es lar Council Meeting December 9, 1981 Page 3 Mr. Lontos explained that he had been informed by tile architect on this project that three firms declined to bid on the project. He informed the Council that the Staff will study the project and consider the funds available • indicating that a report will be provided the Council. *********** Mayor Jones called for confirmation of actions taken during the Workshop Meeting of December 9, 1981, as follows: 1. The Staff be instructed to prepare a contract with private parties for a preliminary design study for improvements in the circle area in the Bayfront Science Park near the Art Museum. • A motion was made by Mayor Pro Tem Turner that the foregoing action be confirmed, seconded by Council 'Member Zarsky 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. 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 date for the Airport Ditch Access Ramp project; be changed from Tuesday, December 22, 1981 to Wednesday, December 23, 1981. The Staff had recommended the December 22nd date in line with the policy for bidding projects under $25,000 on Tuesdays rather than Council days. However, the request to advertise for bids went to the Caller -Times as usual indicating the date of December 23, 1981. The date change to December 23rd is the most expeditious way to resolve the date conflict. 2. The following actions be taken on the Downtown Curb, Sidewalk and Driveway Renovation project, for which bids are being received on December 23, 1981: • . a. The preliminary assessment roll, indicating assessments of $15,890.61 on 17 parcels of land, be approved. !. b. A public hearing on the sidewalk and driveway construction be scheduled for January 6, 1982 at 3:00 p.m. in the Council Chambers at City Hall. New sidewalk is proposed on portions of Shoreline Boulevard from Park Avenue to Hughes Street, and new driveways are proposed on portions of Mesquite and Taylor Streets. As this work 1s part of the Downtown Renovation project, the public hearing would cover•those items of new construction which would be assessed in accordance with the assessment policy. • Minutes Regular Council Meeting December 9, 1981 Page 4 3. The following actions be taken on the Carroll Lane and Mulberry Street reconstruction project for which bids were received by the • State Department of Highways & Public Transportation on November 12, 1981: i _ { a. The preliminary assessment roll for both projects indicating .1 ' assessments of $121,871.05 on 120 items be approved.: The total cost of the project is $1,155,774.07 with the City's portion' excluding assessments being $343,228.95. b. The paving assessment hearing be held January 13,'1982 at 7:00 p.m. at the Carroll Lane Elementary School. Both projects are 1977 Street Bond projects and Mulberry Street from Carroll Lane to Willow Street is a Voluntary Paving Programproject. Carroll Lane will be reconstructed from South Staples Street to Gollihar Road and from South Padre Island Drive to Tiger Lane. The low bidder for the project is Asphalt Paving & Construction Company. 4. The following actions be taken on the Waldron R• oad Street recon- struction project for which bids were received by the State Depart- ment of Highways & Public Transportation on November 12, 1981: a. The preliminary assessment roll indicating assessments of - $88,870.48 for the 24 items be approved. , b. The paving asses- sment hearing for the project be held on _ January 13, 1982 at 3:00 p.m. in the Council Chambers. • Heldenfels Brothers, Inc. submitted the low bid of $897,089.63 for this 1977 Street Bond project which is being reconstructed under the Federal Aid Urban Systems Program. The contract also included the construction of the two bridges on Ennis Joslin Road. The low bid is itemized as follows: •- - a. Waldron Road $387,062.20 • b. Bridges on Ennis Joslin Road $510,027.43 Waldron Road will be reconstructed from NAS Drive to south of Park Road 22. The Waldron Road project was included in the 1977 bond election. There is no City participation in Ennis Joslin Road bridges. 5. The Marina Gear Box project be accepted and final payment of $43,031.47 be made to Monarch Erectors, Inc. for a total of . • $66,355.55. This Hurricane Allen project provided for furnishing 100 small and 84 large wooden gear boxes. Due to defective glue in 7 large boxes, the Contractor has agreed to donate these boxes to the City where minor repair will make them useable. The Contractor will be paid for 177 boxes in lieu of 184 boxes resulting in a contract • underrun of $3,557.50. The contract was awarded July 29., 1981 and . work was funded by the General Fund Reserve and FEMA. * 6. A contract for $210,780 be awarded to Sprinkler King of Texas for the Oso Golf Course Irrigation System. Sprinkler King who was the low bidder for the project had an irregular proposal in that they proposed to furnish a sprinkler head not specified: The City's.• Consultant on the project recommended an award to the second lo bidder based on the irregular proposal and some past work perfor- mance by Sprinkler King in Brenham, Texas. The second low bidder's price is $256,004. The Consultant agrees that the sprinkler head which Sprinkler King will furnish is good and meets the design requirements. The Staff has checked Sprinkler King's performance on a number of projects and feels they can do the required work. It is recommended that the irregular proposal be waived, the contract be • awarded to Sprinkler King for the base bid plus the pump pit alternate, and $230,000 be appropriated to cover the contract award,4•:', contingencies and related expenses. * Withdrawn - See Page 5. 4 `es Jar Council Meeting December 9, 1981 Page 5 Mr. Briones stated that he would like to withdraw Item No. 6 because of problems with the appropriation which needed to be cleared up by next week. 7. A contract for $553,050 be awarded to Moore Golf, Inc. of Culpepper, Virginia, for the construction of the Bill Witt Softball Complex. Seven contractors submitted bids for the project on November 11, 1981. The award includes the base bid of $523,550 and Change Order No. 1 in the amount of $29,500 to provide an automatic irrigation system in lieu of a manual system for the four fields. The automatic system will reduce operating costs of the system. An appropriation of $580,000 is recommended for the award, change order, contingencies and related expenses. The project is a 1977 Bond Project supplemented with a 50% Recreation and Open Space Grant through the Texas Park and Wildlife Department. 8. A contract in the amount of $6,685,759 be awarded to F & E Erection Company for the second phase of plant expansion and improvements at the Oso Wastewater Treatment Plant. This is the fifth and last in a series of contracts to rehabilitate and expand the Osp collection and treatment system and includes the construction of new units and modification of existing units. Upon completion of this phase, the Oso Plant will have a treatment capacity of 16.4 million gallons per day. Four traveling bridges were purchased under the first plant expansion contract which will be installed under this contract. A total appropriation of $6.8 million was necessary to include administrative expenses, legal advertising and contingency expenses. The project will be funded by a 75% grant from EPA and 1977 and 1972 bond funds. 9. The following actions be taken on the Starlite Lane/Shady Lane Drainage Extension project. a. The contractor, Backhoe Lease Service; be granted a 54 -day time extension to supplement the allotted 75 -day working time for the project. The extension is recommended because the contractor was delayed from starting work for 21 months due to gas mains and services being adjusted ahead of construction. b. The project be accepted as complete and final payment of $53,232.00 be made to Backhoe Lease Service for a total of $200,652. This was a 1977 bond drainage project and provided for the installation of approximately 4,800 linear feet of storm sewer ranging from 15" diameter to 54" diameter in the Starlite Lane/Shady Lane area of the City. The contract was awarded March 25, 1981. 10. An agreement be approved with Tucker Properties providing for relocation of an interim lift station in Crossgate Subdivision to a location 640 feet west of South Staples Street and providing for the developer constructing the future gravity line to South Staples Street which would take the temporary lift station out of service. By prior agreement approved by the City Council on August 12, 1981, the developer was authorized to construct a temporary lift station, but the station was required to be built along the South Staples Street right-of-way. The relocation of the lift station will require an additional gravity line to be built by Tucker Properties, from the lift station to South Staples Street. Tucker Properties has requested relocation of the lift station site because they do not own and have been unable to acquire property adjacent to Staples Street right-of-way for the station. Minutes Regular Council Meeting December 9, 1981 Page 7 17. The recommendation of the Building Code Board of Appeals be approved that the Building Code be amended to establish requirements for the annexed areas of Padre Island: a. The minimum first floor elevation for residential buildings be nine feet above mean sea level. The minimum in' other parts of the City is 12 feet, and up to 17 feet in a few small areas. Nine feet is recommended for Padre Island by the Federal Emergency Management Agency and ` was also the minimum elevation required by Nueces County. b. The supplemental requirements of the Texas Catastrophe Pro- perty Insurance Association to protect against windstorm damage be adopted. These requirements are consistent with the wind design criteria of the Building Code and have been used by the Padre Island Development Corporation in their development. These amendments will allow the building inspection program on Padre Island to continue as in the past. 18. A driveway 55 feet wide be approved for International Marine Services, Inc., at 706 Highstar Street. The driveway is needed for safe travel of tractor -trailer trucks. The driveway ordinance authorizes the staff to approve such driveways up to 45 feet wide. Council Member Gulley suggested that the driveway width be approved by the Staff rather than having this come before the Council. Mr. Bill Hennings, Asst. City Manager, stated that most property owners hesitate to come before the Council to request wider driveways than 45 feet. **Council Member Kennedy arrived at the meeting at 2:46 PM. Acting City Manager Briones stated that a permit for the wider driveway was requested and after Traffic and Transit Department had studied it, they recommended against approving the permit for the wider driveway. 19. A three-year mineral lease for the 45.3 acre Nueces River Park Tract be awarded to Texas Eastern Exploration Company for a cash bonus of $5,209.50, annual delay rental of $453.00 and a 22.5% royalty. Only one bid was received. There are currently no oil and gas oper- ations in this area and use of the surface for drilling will not be permitted. _ 20. Bids be received December 29, 1981, for a replacement remote air-cooled condenser for the Museum air conditioning system. The existing condenser has broken down and cannot be repaired. 21. Bids be received December 22, 1981 for an insulating pool cover system for Collier Pool. Collier Pool is operated during winter months and the cover will reduce heating costs. 22. A contract for $37,500 be approved with the U. S. Equal Employment Opportunity Commission (EEOC), to process individual charges of employment discrimination, which have been filed with/or referred to the City's Human Relations Activity. The Human Relations Activity is expected to process a total of 91 charges during the term of this contract (October 1, 1981 through September 30, 1982),, for which the City will be reimbursed $412.50 per charge. 7 Minutes Regular Council Meeting December 9, 1981 Page 8 Mr. Briones explained that if the City does not complete processing enough cases, the EEOC funds will not be provided for this reimbursement. Mr. Mark Gresham, Budget Director, explained tha there were at one time two separate budget activities for this department, but they were consolidated and one clerical position was eliminated to help reduce costs. City Secretary Read explained to the Council that it is to the advantage of the City and to local businesses to have any discrimination charges filed and settled in this City rather than having to go to San Antonio for the hearings. 23. A twelve-month agreement for portable chemical toilets service be approved with Sani-Can, Banquete, based on low bid. Approximately 30 units will be rented for the Sanitation, Parks and Public Utilities Departments. Estimated annual expenditure is $25,000 based on a monthly rate of $67.50 with an optional weekly rate of $40 and a $15 charge for emergency service. Two bids were received. Price comparison shows a decrease of approximately 3% from the present contract. 24. Six replacement high-pressure breathing air cylinders for the Fire Department be purchased from Corpus Fire & Safety on the basis of low bid of $6,603.26. The present cylinders are obsolete and this is the first step in a program to update the department's breathing air equipment. The original bid invitation was only for 5 cylinders; however, it is recommended that six cylinders be purchased because of the favorable price. The Fire Department's Budget contains $7,200 for the purchase of the cylinders. Two bids were received. 25. Six-month supply agreement for gasoline be approved as follows based on low bids: Six bids were received. Prices have decreased approx- imately 2.8% from current contract prices. a. Texas Star Service, Corpus Christi Gasoline in Transport Deliveries 474,300 gal. Regular 320,000 gal. Unleaded • Total: $849,221.97 Less 2% - 10 Days 8,492.22 Net Total: $840,729.75 b. Crystal Petroleum, Corpus Christi Gasoline in Tankwagon Deliveries 54,000 gal. Regular 3,000 gal. Unleaded Total: $ 61,902.30 Net - 10 Days Grand Total $902,632.05 26. 100% Texas Municipal Retirement System updated service credits be adopted for all eligible City employees who are members and annuity payments to current City retirees be increased by the maximum amount allowed under the statute effective January 1, 1982. These retirement program improvements were mutally agreed upon between the City and the Corpus Christi Police Officers' Association as a part of the 1981-83 Police collective bargaining contract. Money has been provided in the 1981-82 Budget for the updating. 8 'e ar Counc:il Meeting L Aber 9, 1981 Page 9 Council Member Gulley inquired about the added expense' this would be for the City. Mr. Briones explained that he would supply that information later in the meeting. Mr. Gulley continued and stated that he did not believe that the same pay increases granted Fire and Police should be granted to other employees. He stated that he did not see how the City could continue to grant such pay increases for all employees in view of the limited budget. Acting City Manager Briones explained that if all employees are not treated fairly, this would just encourage the formation of more unions- for City employees. He further explained that negotiation processes conducted with Fire and Police always are more expensive because when you compromise on one • issue you have to grant some other benefit. Council Member Gulley again stated that since the Fire and Police have collective bargaining they should have more benefits than other City employees. Acting City Manager Briones reiterated that he felt that all City -employees should have the same benefits as the Fire and Police. He pointed out also that that has been the position for many years of previous Staffs and previous Councils. Mr. Chuck .Speed, Director of Personnel, arrived at the Council Chamber and explained the service credits for all eligible City employees referred to in Item No. 26 would cost the City less than $10,000 next year. Council Member Gulley again stated that there might be a time in the future when the City will be unable to provide the same benefits to all employees that they do for Fire and Police. He expressed the opinion that the Fire and Police should have more benefits since they have negotiating rights. Mr. Speed explained to Mr. Gulley that the City Staff stresses that fair treatment should be given to all employees, not just Fire and Police. Mayor Pro Tem Turner suggested that in the future the City Staff might wish to provide more benefits to Fire and Police rather than salary increases. Council Member Gulley pointed out that when negotiations are conducted with Police and Fire Departments, there is no way to even know if other employees want the same benefits. Mr. Speed informed the Council that during negotiations they have always found that all employees, including Fire and Police, really want salary increases rather than other benefits. Minutes Regular Council Meeting December 9, 1981 Page 10 27. A payment from the self-insurance fund be approved in the amount of $7,500 to settle the lawsuit of Betty Lou Hampton vs. City. This case arose from the April 1, 1980, accident in Sharpsburg Rd. in which a City bus struck a drainage culvert. It is recommended that if any discussion is required on this matter that the Council convene in a closed hearing. 28. A public hearing be held December 23, 1981, for the Contractual Annexation of a 5.94 acre portion of Block 27B, Padre Island -Corpus Christi Island Fairway Estates. 29. A public hearing be held December 23, 1981 for the Contractual Annexation of a 184.55 acre tract platted as Padre Island -Corpus Christi Island Fairway Estates, Block 27A (Padre Island Country Club). 30. That Ordinance No. 16702, passed and approved by the City Council on November 18, 1981, be amended to correct an error in the trans- position of the description from maps and plats on file in the office of the City Secretary to the narrative description consisting of metes and bounds in the ordinance of annexation. Council Member Gulley pointed out that the description of the beach on Padre Island was omitted from the Ordinance of Annexation and he felt that this was an opportunity for the Council to eliminate the beach from annexation. Acting City Manager Briones pointed out that this was approved by the voters including the beach and it is the City's responsibility to go ahead with the annexation. Council Member Gulley urged that the Council vote against Item No. 30 which would include the beach in the annexation so that the City would not have the responsibility of maintaining the beach. Mayor Jones expressed the opinion that this Council could, not legally do that since it was approved by the voters. Mr. Briones agreed that this would present legal complications. Council Member Hawkins suggested that since the Ordinance calling for the election did contain the description of the beach, that Ordinance could be amended to eliminate the beach from annexation. City Attorney J. Bruce Aycock stated that he would have to check the State statutes on this. Mayor Jones expressed the opinion that if the City annexes property for tax purposes, they are obligated to annex the beach property also. Mayor Pro Tem Turner inquired if the Council could legally vote against Item No. 30 to amend the Annexation Ordinance, and Mr. Aycock replied that according to the Charter, he would rule that the Council could not do so. 10 r s ar Council Meeting 1)ec'mhe'r 9, 1981 Page 1 Mayor Jones called for comments from the audience on the City Manager's Reports. Mr. Bert Haas, representing International Marine Services, Inc. , referred to Item. No. 18 in regard to the request for a 55 -foot wide driveway at Highstar Street. He explained that some streets in industrial districts have driveways which are 30 -feet wide; the driveways at the location in question are 35 -feet wide; his client has large trucks which require wider driveways to accommodate them. He stated that with the existing driveways, the traffic situation is dangerous and they are therefore requesting a permit to install 55 -foot driveways. Asst. City Manager Lontos informed the Council that the Staff does not recommend approval of this. He displayed a drawing showing the two driveways in question; the Staff has no objection to 45 -foot driveways; and pointed out a structure of concrete that is between the two 35 -foot driveways which could be eliminated if the structures on each side of the driveways are extended so that the driveways would only be 45 feet wide. He pointed out to the Council that the 95 -foot wide driveways are in compliance with the State law and the Staff, therefore, does not feel that the driveways should be any wider than 45 feet, which the Staff believes would accommodate the large trucks used by this business. Mr. Haas noted that if streets are 35 feet wide there is a problem with these large trucks turning into the driveways. Mr. Lontos informed the Council that the Staff had intended to delete Item No. 18 from the Agenda since it is .not recommended, but Mr. Haas wanted it considered today. Acting City Manager Briones pointed out that as the agenda item is listed, to deny the request will require a negative vote on this item. He 'suggested that the Council vote on all of the City Manager's Reports with the exception of Item No. 18 with a separate vote on that item. A motion was made by Mayor Pro Tem Turner to approve the City Manager's Reports, with the exception of Item No. 6 which was withdrawn and Item No. 18 which will be considered separately; seconded by Hawkins; and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye" on all of the items referred to; Gulley voting, "Aye" on all of the items with the exception of Item No. 30 on which he voted, "No". 11 Minutes Regular Council Meeting December 9, 1981 Page 12 Mayor Jones then called for the vote on Item No. 18 which passed by the following vote: Turner, Dumphy, Gulley, Hawkins and Kennedy voting, "Aye"; Jones and Zarsky voting, "No". ********** Mayor Jones called for the following Council consideration: Employment of Dr. David Wasson, Industrial Psychologist, to assist the City Council in evaluating those applicants selected for final consideration for appointment to the position of City Manager. A motion was made by Council Member Gulley that the employment of Dr. David Wasson for this purpose be approved, seconded by .Mayor Pro Tem Turner. Council Member Kennedy stated that he recommended this because it is an additional bit of information to be used in evaluation to help decide on the best possible City Manager for this City. He expressed the opinion that such testing is used more and more in private industry and would be a very valuable tool. He stated that Dr. Wasson had indicated that he could arrive in Corpus Christi on Friday for interviews with the City Manager candidates over the weekend. He stated that Dr. Wasson's fee is $800 per day plus expenses. Mayor Jones called for the vote on the motion and it passed unanimously. *********** Mayor Jones announced the Public Hearing on the following matter: Assessment roll for the construction of a 4 -foot wide concrete sidewalk along Purdue Road from Waldron Road to Windmere Drive. The roll contains 26 items with total assessments of $4,931.97. The estimated City share of the construction is $23,068.03. The sidewalk will be constructed on the south side of Purdue Road from Waldron Road to near Lombardy Drive and on the north side of Purdue Road from east of Lombardy Drive to Windmere Drive. The project is in the 7th year Community, Development Block Grant Program. Mr. Briones stated that Asst. City Attorney Bob Coffin would conduct the formal portion of the hearing. Mr. Coffin stated that the hearing is required by State law and the purpose is to provide information to the Council,acting in its legislative capacity, to establish the assessments on this project and to make a deter- mination as to whether the enhancement to the abutting property will be greater than the amount of the assessments. 12 1 �s it Council Meeting U� tuber 9, 1981 Page 13 i Mr. Coffin called as his first witness, Mr. Gerald Smith. Through questioning of the witness, Mr."Coffin ascertained that Mr. Smith has been with the City of Corpus Christi as Chief Engineer for 11 years; he is a Professional Engineer registered in the State of Texas; his degree is in Civil Engineering which he obtained at the University of Texas at Austin; and that Mr. Smith is thoroughly familiar with the Purdue Road project. Chief Engineer ,Smith stated that this project was designed because of the need for a pedestrian way for school children. He displayed before the Council a transparency showing . the location of the sidewalk which will extend from Waldron Road to Windmere" Drive. Mr. Smith explained that the sidewalk construction will consist of a 4 -foot wide reinforced concrete sidewalk 4 inches thick to be constructed within the existing right-of-way as shown on the plans. He informed the Council that bids were received on this project on November 25, 1981, and seven contractors submitted bids, with the low bid submitted by Mr. Jon Lewis of Aransas Pass in the amount of $15,775.30. Mr. Smith stated that the assessments total $4,931.97, with the City cost to be $10,843.33. He informed the Council that the assessment roll includes 26 items. Mr. Smith also stated that the contractor has 45 working days to complete the project and the Staff expects the work to begin shortly after January 1, 1982. Mayor ` Jones stated that the Council would like to participate " in ground -breaking ceremonies at the beginning of the project and Mr. Smith assured them that he would make arrangements for this. Council Member Kennedy asked about the portion of the street where the crossing will be required from the north to the south side. - Mr. Smith explained that the plans include a cross -hatched area on the street at this point and they hope to have a crossing guard at that location. Council Member Dumphy questioned the contractor's experience since his bid was so low. Mr. Smith agreed, but stated that he was of the opinion that since this is a relatively simple job and the successful bidder has the appropriate equipment, he will be able to do a satisfactory job. Asst. City Attorney Coffin called as his next witness, Mr. W. J. Holly. Through questioning Mr. Holly, Mr. Coffin ascertained that he is a licensed broker in the state of Texas; he has worked in that capacity since 1954; and that he is thoroughly familiar with the property in this area. 13 Minutes Regular Council Meeting December 9, 1981 Page 14 Mr. Holly testified that he has examined each and every piece of property and stated that there are no odd or pie -shaped pieces of property, and in his opinion, each and every parcel will be enhanced at least in the amount of the assessment. Mayor Jones determined that no one in the audience, wished to speak in regard to this assessment hearing. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Zarsky and passed by the following vote: Jones, Dumphy, Hawkins, Kennedy, Zarsky voting, "Aye"; Turner and Gulley absent at the time the vote was taken. Mr. Lantos stated that further action in regard to this assessment roll will be on the agenda next week. *********** Mayor Jones announced Public Hearings on two zoning applications. Acting City Manager Briones announced the Public Hearing on Application No. 1181-2. Application No. 1181-2, Appraisal and Real Estate Service, Inc. and Jim Howry t for change ofzoningfrom "A-1" Apartment House District and "R-2" Multiple Dwelling District to "R -1B" One -family Dwelling District on 18.65 acres out of Lots 25, 26 and 27, Section 49, Flour Bluff and Encinal Farm and Garden Tracts located on the north side of Glenoak Drive . approximately 750' west of Waldron Road. Mr. Briones informed the Council that in response to the 'notices of the Public Hearing, 4 in favor and none in opposition have been returned. He stated that both the Planning Commission and the Planning Staff recommended approval of this application. Mayor Jones ascertained that no one in the audience wished to speak on this zoning case. Motion by Council Member Hawkins that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Council Member Dumphy that the zoning of "R -1B" be approved for Application No. 1181-2; seconded by Council Member Hawkins and passed by the following vote: Jones, Dumphy, Hawkins; , Kennedy and Zarsky voting, "Aye"; Turner and Gulley absent at the time , the vote was taken. 14 Utes jular Council Meeting t,ecember 9, 1981 Page 15 *********** Mr. Briones , announced the Public Hearing on Application No. 1181-3. Application No. 1181-3, Mr. Adolph Wittner, Jr., for change of zoning from "A-2" Apartment House District to "B-5" Primary Business District on Lot 12, Block 13, Central Wharf and Warehouse Subdivision located on the north side of Laredo Street approximately 150' east of South Staples Street. Acting City Manager Briones informed the Council that both the Planning Commission and the Planning Staff recommend denial, and in response to the notices of the Public Hearing, 3 in favor and none in opposition have been returned. Mr. Briones called the Council's attention to a letter from Mr. Jack Kelso, representing the applicant, who requested that the case be tabled until January 20, 1982. Mayor Jones ascertained that no one in the audience wished to speak on this zoning application. A motion was made by Council Member Kennedy that the Public Hearing on Application No: 1181-3 be recessed until January 20, 1982; seconded by Council Member Hawkins; and passed by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky, voting "AYE"; Turner and Gulley absent at the time the vote was taken. *********** Mayor Jones called for the ordinances. Acting City Manager Briones explained the ordinances on the agenda and withdrew the ordinance listed as No. 24 which authorized a contract with Sprinkler King of Texas, Inc. There were no comments on the ordinances; City Secretary Read called for the vote on the ordinances; and the following were passed: FIRST READING: AMENDING THE BUILDING CODE OF THE CITY OF CORPUS CHRISTI, ADOPTED BY ORDINANCE NO. 15256 PASSED AND APPROVED BY THE CITY COUNCIL ON DECEMBER 17, 1979, ESTABLISHING A MINIMUM FIRST FLOOR ELEVATION REQUIREMENT ABOVE MEAN TIDE LEVEL AND SUPPLEMENTAL WINDSTORM RESISTANT CONSTRUCTION REQUIREMENTS IN THOSE DEVELOPED AREAS LOCATD SEAWARD OF THE INTRACOASTAL CANAL; PROVIDING FOR PUBLICATION BY NOTICE; AND PROVIDING A SAVING CLAUSE. 15 Minutes Regular Council Meeting December 9, 1981 Page 16 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". FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH SUPERIOR HELICOPTERS, INC., COVERING A COMMERCIAL HANGAR LEASE PLOT AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, WITH UTILITY LINES, A ROAD EXTENSION, RAMP AND TAXIWAY EXPANSION TO BE CONSTRUCTED BY SUPERIOR HELICOPTERS, INC., AND PAID FOR BY THE CITY OVER A PERIOD NOT TO EXCEED SIXTY (60) MONTHS THROUGH RENT REDUCTION AND FUEL FLOWAGE FEE REDUCTION, ALL AS SHOWN AND MORE FULLY DESCRIBED IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "l" The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". SECOND READING 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 PONT 110 FEET SOUTHEAST OF WEBER ROAD; AND PROVIDING FOR PUBLICATION. (First Reading - 11/25/81) The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". SECOND READING: • 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. (First Readiing - 11/25/81). The foregoing ordinance was read for the second time and passed to its third reading by the -following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 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 INCOME 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 (2 1/2%) 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". (First Reading - 11/25/81). The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 16 '.S 1 ,ar Council Meeting December 9, 1981 Page 17 SECOND 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". (First Reading - 11/25/81). The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A PARK DEDICATION AGREEMENT WITH SAA -81, JOINT VENTURE, AND THE 100 SOUTH PADRE PROPERTY OWNERS' ASSOCIATION. (First Reading - 11/25/81). The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 16741: AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR GRAZING LEASE WITH MR. CHARLES LILE AND MR. G. W. BEARDSLEY FOR A 35.155 ACRE -TRACT LOCATED AT RODD FIELD ROAD AND YORKTOWN ROAD AT AN ANNUAL RENTAL OF $480 (First Reading - 11/18/81; Second Reading -11/25/81). 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. 16742: CLOSING AND ABANDONING THAT PORTION OF LEMONWOOD DRIVE SOUTH OF ERSKINE DRIVE, BETWEEN LOT 14, BLOCK 4, AND LOT 24, BLOCK 3, CANDLEWOOD ADDITION UNIT 7, AS RECORDED IN VOLUME 36, PAGE 165, MAP RECORDS, NUECES COUNTY TEXAS, AS MORE FULLY SHOWN ON THE EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", RETAINING THE WEST 30 FEET OF RIGHT-OF-WAY ALONG THE ENTIRE LENGTH AS UTILITY EASEMENT SUBJECT TO THE HEREINAFTER STATED PROVISIONS; 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. 16743: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FOR $37,500 FOR PROCESSING INDIVIDUAL CHARGES OF EMPLOYMENT DISCRIMINATION WHICH HAVE BEEN FILED WITH OR REFERRED TO THE CITY'S HUMAN RELATIONS ACTIVITY FOR THE PERIOD OF OCTOBER 1, 1980, THROUGH SEPTEMBER 30, , 1982; 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". 17 Minutes Regular Council Meeting December 9, 1981 Page 18 ORDINANCE NO. 16744: AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM IN THE EMPLOYMENT OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF'DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS; 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. 16745: AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR MINERAL LEASE FOR THE 45.3 ACRE NUECES RIVER PARK TRACT TO TEXAS EASTERN EXPLORATION COMPANY FOR A CASH BONUS OF $5,209.50, AN ANNUAL DELAY RENTAL OF •$453.00 AND A 22.5 PERCENT ROYALTY, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; 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. 16735: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREET: WALDRON ROAD, FROM 600 L.F. SOUTH OF PARK ROAD 22 TO N.A.S. DRIVE. • IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE 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 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. 16736: APPROVING AND ADOPTING THE WRITTEN STATEMENT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVEL OPMENT, SHOWING ESTIMATES OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: WALDRON ROAD, FROM 600 L.F. SOUTH OF PARK ROAD 22 TO N.A.S. DRIVE. DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE 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 ON JANUARY 13, 1982 AT 3:00 P.M. IN THE CITY COUNCIL CHAMBERS, AT CITY HALL, 302 S. SHORELINE BOULEVARD, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF COPRUS CHRISTI; AND DECLARING AN EMERGENCY. 18 or of the City of Corpus Christi, Texas, ER SONES, Mafote5oin4*��inutes, same c mberng forthe LUTH 30, periOd—of the 1981 through council camber 9: reviously apProved,by been, P a,a=Yite,.,izee' inclusive, and having ova action: are by me hereby apP` ,% .. - . u ar Couincir�neet�ng 981 - Special Council Meeting ecember 16, 1981 - Regular -Council Meeting - December 23, 1981 - Regular Council Meeting December 30, 1981 - Regular Council Meeting ' 4 AS -I .r Council Meeting December 9, 198] Page 19 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. 16737: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREET BY THE CONSTRUCTION OF SIDEWALKS AND DRIVEWAYS AS FOLLOWS: DOWNTOWN SIDEWALK AND DRIVEWAY PROGRAM: (1) Shoreline Boulevard, sidewalk construction at various locations along the west side, from Park Avenue to Hughes Street, and (2) Taylor and Mesquite Streets, driveway construction at selected locations; IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,' TEXAS; 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 OF NUECES COUNTY, TEXAS AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; 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. 16738: APPROVING AND ADOPTING THE WRITTEN STATEMENT 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: DOWNTOWN SIDEWALK AND DRIVEWAY PROGRAM r 1. Shoreline Boulevard, sidewalk construction at various locations along the west side, from Park Avenue to Hughes Street, and 2. Taylor and Mesquite Streets, driveway construction at selected locations; DETERMINING AND FIXING THE PORTION OF SAID COST TO PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE 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 ON JANUARY 6, 1982, AT 3:00 P.M., IN THE CITY COUNCIL CHAMBERS, 302 S. SHORELINE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO 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, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16739: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: (1) Carroll Lane, from South Staples Street to Gollihar Road, (2) Carroll Lane, from South Padre Island Drive to Tiger Lane, and (3) Mulberry Street, from Carroll Lane to Willow Street. 19 Minutes Regular Council Meeting December 9, 1981 Page 20 REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; 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. 16740: 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) Carroll Lane, from South Staples Street to Gollihar Road, (2) Carroll Lane, from South Padre Island Drive to Tiger Lane, and (3) Mulberry Street, from Carroll Lane to Willow Street. DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION OF THE COST 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 JANUARY 13, 1982 AT 7:00 P.M. AT THE CARROLL LANE ELEMENTARY SCHOOL CAFETERIA, 4120 CARROLL LANE IN THE CITY OF CORPUS CHRITI, TEXAS; TO 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 foreoging ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16746: AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREE- MENT WITH THE UNITED STATES GEOLOGICAL SURVEY FOR OPERATION OF A STREAM FLOW GAUGING STATION AT THE TILDEN CROSSING ON THE NUECES RIVER WEST OF THREE RIVERS, TEXAS, AT A COST OF $4,810, 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"; 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 Zarksy voting, "Aye". ORDINANCE NO. 16747: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO LEASE AGREEMENT WITH BRANIFF AIRWAYS, INC., FOR RENTAL OF A SPACE APPROXIMATELY 800 FEET ALONG THE EAST SIDE OF GATEHOUSE NO. 4, AT AN ANNUAL RENTAL RATE OF $120.00, FOR AN ENCLOSED PASSENGER ACCESS/ JETWAY, ALL AS MORE FULLY SET FORTH IN THE AMENDMENT TO LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A COPY 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". 20 Min' • Rk5 : ouncil Meeting Dece,....ar 9, 1981 Page 21 ORDINANCE NO. 16748: TUCKERAUTHORO EXECUTE AN I PROPERTIES CPROVITY IDINGG ORER TAGREEMENT RELOCATION OF AN INTERIM LIFT STATION IN CROSSGATE SUBDIVISION TO A LOCATION 640 FEET WEST OF SOUTH STAPLES STREET AND PROVIDING FOR THE DEVELOPER CONSTRUC- TING THE FUTURE GRAVITY LINE TO SOUTH STAPLES STREET WHICH WOULD TAKE THE TEMPORARY LIFT. STATION OUT OF SERVICE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance ncpassed Zyrshd by e e following vote: Jones, Turner, Dumphy, y, Hawkins, y voting, "Aye". ORDINANCE NO. 16749: GRANTING A REVOCABLE EASEMENT TO VALERO MARKETING COMPANY FOR THE PURPOSOF LANTANA STREEOF LAYING SEVEN T APPROXIMATELYIPE LINES IN UP 520 ER ROAD FROM 400 FEET WEST 520 FET EAST OF NAVIGATION BOULEVARD ALL AS MORE FULLY SET FORTH IN THE REVOC- ABL MADE NIAI,IPART HEREOF, SUBSTANTIAL MARK DCOPY EXHIBITI "A";H IANDTACHED DECLARIINGETO AN EMERGENCY. The Charter Rule was suspended and the foreg ing ordinanceKennpassed d bZyrshe f following vote: Jones, Turner, Dumphy, Gulley, in y voting, "Aye". ORDINANCE NO. 16750: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MOORE GOLF, INC., OF CULPEPPER, VIRGINIA, FOR CONSTRUCTION' OF A FOUR - FIELD SOFTBALL COMPLEX IN BILL WITT PARK; APPROPRIATING $580,000 OUT OF THE NO. 291 PARK BOND FUND, OF WHICH $553,050 IS FOR THE CONTRACT AWARD, AND $26,950 IS FOR ADDITIONAL ENGINEERING, LEGAL ADVERTISING, CONTINGENCIES, AND RELATED EXPENSES APPLICABLE TO PROJECT NO. 291-77-9, SOFTBALL COMPLEX; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing eg ing ordinance aKnte pasysed ZZd yrshe following vote: Jones, Turner, Dumphy, y, y voting, "Aye". ORDINANCE NO. 16751: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH F & E ERECTION COMPANY OF SAN ANTONIO FOR CONSTRUCTION OF THE SECOND PHASE OF EXPANSION AND IMPROVEMENTS TO THE WEST HALF OF THE OSO WASTEWATER TREATMENT PLANT (PHASE 2, CONTRACT 5) EPA PROJECT NO. C-48-1214-04, SUBJECT TO APPROVAL AND CONCURRENCE FROM THE ENVIRONMENTAL PROTECTION AGENCY AND THE TEXAS DEPARTMENT OF WATER RESOURCES; APPROPRIATING $6,800,000 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, OF WHICH $6,685,759 IS FOR THE CONSTRUCTION, CONTRACT AND . $114,241 IS FOR LEGAL ADVERTISING, PRINTING AND CONTINGENCY EXPENSES, APPLICABLE TO PROJECT NO. 250-77-27, OSO PLANT EXPANSION, WEST HALF OF PLANT (CONTRACT 5); AND DECLARING AN EMERGENCY. • The Charter Rule was suspended and toforegoing eg ing ins, ordinanceKnpasysed ZZd yrshe following vote: Jones, Turner, Dumphy, y, y voting, "Aye". ORDINANCE NO. 16752: AMENDING ORDINANCE NO. 16702, PASSED AND APPROVED BY THE CITY COUNCIL ON NOVEMBER 18, 1981, SO AS TO CORRECT AN ERROR IN THE TRANSPORTATION OF THE DESCRIPTION FROM MAPS AND PLATS ON .FILE IN THE OFFICE OF THE CITY SECRETARY TO THE NARRATIVE DESCRIPTION CONSISTING OF METES AND BOUNDS IN THE ORDINANCE OF ANNEXATION; AND DECLARING AN EMERGENCY. 21 Minutes Regular Council Meeting December 9, 1981 Page 22 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "No". ORDINANCE NO. 16753: 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 APPRAISAL & REAL ESTATE SERVICES, INC. & JIM HOWRY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON APPROXIMATELY 18.65 ACRES OUT OF PORTIONS OF LOTS 25, 26, AND 27, SECTION 49, FLOUR BLUFF AND ENCINAL FARM & GARDEN TRACTS SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT AND "R-2" MULTIPLE DWELLING DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT KEEPING IN EFFECT ,ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". *********** A motion was made by Mayor Pro Tem Turner that the Regular Council Meeting be recessed at 4:20 PM in order to convene the Corpus Christi Indus- trial Development Corporation; seconded by Council Member Kennedy; and passed unanimously. *********** Mayor Jones reconvened the Regular Council Meeting at 5:30 PM and called for petitions or information from the audience on matters not scheduled on the Agenda. • Mr. Clay Moore requested information in regard to his recent complaint about the drainage at his place of business on Water Street near the Convention Center. He explained the situation and expressed the opinion that each time a new building is constructed, such as the Convention Center, the drainage problem has worsened. He urged that this problem be resolved. Asst. City Manager Lontos informed Mr. Moore that he is still waiting for a Staff report on the drainage in that area. Mrs. Mary Morales, 3101 Houston St., reminded the Council that she had appeared before them on November 18, 1981, in regard to a Crossing Guard who she feels is not qualified to serve because she is under a Peace Bond and smokes marijuana. She she expressed the opinion that the Police Department and Personnel Department are wrong to have her in their employ. 22 �td :s .ar Council Meeting December 9, 1981 Page 23 Mrs. Henrietta Newberry thanked all the Council Members for their support on their recent fund-raising event. She presented some certificates of appre- ciation to the Council for their assistance in the Feet n' Wheels event. Mayor Jones expressed appreciation for the work that Mrs. Newberry is doing for the handicapped. Mr. E. S. Pennebaker referred to the bid opening on the Marina Improve- ments and expressed concern that the bid was much higher than the engineer's estimate. He urged expediency in repairing the existing facilities before the new improvements are made. Acting City Manager Briones stated that he would like to attend a Texas Municipal League Meeting in Austin on Friday and Saturday, December 11 and 12, and stated that he will designate Asst. City Manager James K. Lontos as City Manager while he is out of the City. There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Council Member Hawkins and passed unanimously', the Regular Council Meeting was adjourned at 5:95 PM, December 9, 1981. 23