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HomeMy WebLinkAboutMinutes City Council - 12/16/1981ram MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING ' DECEMBER 16, 1981 - 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty 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 the Reverend Paul E. Watson of Morgan Avenue Baptist Church, following which the. Pledge of Allegiance to the flag of the United States was led by Council Member Herbert Hawkins. 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: "Alcohol Awareness Month" - December, 1981. A motion was made by Council Member Zarsky that the minutes of the Regular Council Meetings of November 18 and November 25, 1981 be approved as presented; seconded by Mayor Pro Tem Turner; and passed unanimously. Mayor Jones then administered oaths to newly appointed members of Boards and Committees. * * * * * * * * * * * * A motion was made by Council Member Gulley to recess the Regular Council Meeting in order to reconvene the Special Council Meeting of December 11, 1981; seconded by Mayor Pro Tem Turner; and passed unanimously. * * * * * * * * * * * * Mayor Jones reconvened the Regular Council Meeting at 2:10 p.m. He, called for confirmation of Actions taken during the Workshop Meeting of December 16, 1981 as follows: MICROFILMED SBP 191984 Minutes Regular Council Meeting December 16, 1981 Page 2 1. That the hearing on the appeal of Municipal Court Clerk Anita Garza be reopened and that the action of Municipal Court Clerk be upheld. 2. Voluntary paving petitions received after December 23, 1981 be accepted but not included in the proposed 1982 Bond Election. A motion was made by Council Member Gulley that the foregoing actions be confirmed, seconded by Mayor Pro Tem Turner and passed unanimously. * * * * * * * * * * * * Mayor Jones then called for the City Manager's Reports. Acting City Manager Ernest Briones presented the following items with related comments and explanations and recommended that: 1. Plans and specifications be approved for Hurricane Allen Repairs to the Oso Fishing Pier and bids be received January 13, 1982. Repairs would consist of restoring the pier, which is a part of the original timber bridge on Ocean Drive near the Naval Air Station, to the same basic elevation and width, including 4 shelter bays which existed prior to Hurricane Allen. The pier would be approximately 525 feet long, in two sections, and approximately 7 -feet wide. It was originally converted to a fishing pier from the timber bridge approximately 12 years ago under a Texas Park & Wildlife Department grant. 2. Plans and specifications be approved for a 1,800 square foot open shelter in Parker Park and bids be received January 13, 1982. The shelter is proposed to be constructed in the northwest portion of the park off Graham Road and would include the construction of a large barbecue pit. Concrete columns and laminated trusses and a gable roof are proposed as part of the structure design. This is a 6th Year Community Development project. "3. A contract for $16,600 be awarded to Beeville Roofing Company for roof repairs to the Art Museum of South Texas. The roof was damaged by Hurricane Allen. Bids for the roof repair work were originally received in May, 1981, but due to the high cost, the scope of repair was changed. Repairs include replacing 43 squares of roofing, skylight repair, caulking and other related work. The insurance settlement for the roof was $3,444. An appropriation from the Revenue Sharing Fund of $18,600 is recommended for the contract award, contingencies and related expenses. 4. The following actions be taken on the Purdue Road Sidewalk project: a. The public hearing held on December 9, 1981 be closed. b. The assessment roll for the project be adopted ' indicating 26 items with assessments of $4,913.97. c. A contract for the project be awarded to Jon C. Lewis for $15,775.30. The sidewalk will be built on the south side of Purdue Road from Waldron Road to near Lombardy Drive and on the north side of Purdue Road from Lombardy to Windmere Drive. This is a 7th Year Community Development project. An appropriation of $19,000 is recommended for the award and related expenses. tes Aar Council Meeting December 16, 1981 Page 3 5. The Flour Bluff South End Lateral Project (Phase 2) be accepted as complete and final payment of $37,575.79 be made to Maverick Construction Company for a total of $285,173.19. Gravity sewer lines were installed along Summit, Rex, Spring, Martha, Walker, Carp, Annette, Claudia, Whiteley and Laguna Shores Road which tie into the new lift station at the corner of Whiteley and Carp. A twelve day time extension is recommended due to delays caused by utility relocation. The contract was awarded February 18, 1981 and funded with 1977 bonds. 6. The Airport Gatehouse and Concourse Improvements Project be accepted as complete and final payment of $12,765 be made to The Harbor Company for a total of $99,290. Gatehouse 1 & 2 was enlarged and air conditioned, the west concourse was air conditioned, and carpet was installed in the concourse leading to the Gatehouse. The contract was awarded September 24, 1980 and was funded by a grant from the Federal ' Aviation Administration and 1977 Airport Bonds. 7. The Oakdale Drive Sanitary Sewer project be accepted and $8,437.44 be authorized to Isles Construction Company. It is recommended that $1,000 be retained in order that several items of landscaping and the planting of 12 trees be completed. The property owner from whom an easement was acquired for the sanitary sewer line does not want the planting done until January or February, 1982. It is recommended that the Director of Engineering & Physical Development be authorized to release the retainage when the Contractor has completed the work. This project provided for an 8 -inch diameter sanitary sewer in Oakdale Drive in Flour Bluff portion of the City. The total cost of the project was $58,374.37. The contract was awarded on January 28, 1981 and funded out of the Sanitary Sewer Bond Fund. The project was initiated by a petition from the residents on Oakdale Drive. 8. The following actions be taken on the Peoples Street • T -Head Marina Boat Slip Realignment Project: a. Change Order No. 6 for $6,747 be approved which reflects the actual piling quantities. Additional piling was required due to underestimation during design and extra length piling was required due to subsurface conditions. b. An eight-day extension be approved for additional work performed. c. The project be accepted and final payment of $41,739.94 for a total of $383,553.27 be made to Brown & Root, Inc. This project provided for realigning and installing new boat slips on the south side of the stem of the Peoples Street T -Head and was awarded March 4, 1981. It is expected that FEMA will allow approximately $40,000 for Hurricane Allen damage. An appropriation 5 o $6,554.57 is needed from the Park Bond Fundfor the final payment. 9. The following actions be taken on the Hearn Road Ditch Realignment at the City 48" water transmission line: The contractor be, granted a 9 day extension to supplement the 40 day allotted ; working time. This time extension is recommended because City crews spent several days repairing a leak in the 48" line at the work site which hampered the contractor's operations. b. The project be accepted and final payment of $20,536.93 be made to Maverick Construction Company. Minutes Regular Council Meeting December 16, 1981 Page 4 The total cost of this Hurricane Allen related project was $75,827.09. The work consisted of installing protective piling under the water line and concrete channel lining 200 feet upstream from the water line. FEMA participation on the project is expected to be $13,875. The remaining project cost was funded from the Storm Sewer Bond Fund and Water Division Budget. The contract was awarded on June 10, 1981. 10. Change Order No. 3 for $16,594.75 to the contract with Isles Construction Company for construction of the Nueces County Courthouse Area Street Improvements project be approved. The change order provides for the installation of a storm sewer system off Nueces Street extending through property where drainage easements were recently acquired. The storm water will be drained to the Salt Flats drainage channel. This location is at the bottom of a hill in the Washington -Coles area, but could not be constructed during the street improvements in this area because the easements were not acquired in time. The storm sewer would collect storm runoff at Nueces Street and would prevent the flooding of property in this low lying area. An appropriation of $16,594.75 from the 6th Year Community Development Block Grant is recommended. 11. An agreement with Black & Veatch, Consulting Enginners, be approved for preparation of a Master Plan for a Water Distribution, Transmission, Underground & Elevated Storage System. • The growth along Saratoga and south of Holly Road has raised questions about the ability of the present water system to deliver water to these areas and to provide adequate pressure for fire protection. With the expansion of the O. N. Stevens Water Filtration Plant and the completion of the Choke Canyon Reservoir and Dam, the questions regarding water transmission, distribution and storage must be addressed to insure orderly growth and development. The study will address present and future use of water through the year 2002 and will include areas which are likely to develop within this period. A master plan will be prepared containing field data, estimated construction cost and related data. In addition, the firm will develop and furnish the City with a computer model and program to be used in the determination of the weak and strong points of the system for future planning. An appropriation of $115,000 from the waterworks system revenue bonds sold in 1981 is recommended for the engineering fee. Mayor Jones called for a summary by Mr. James K. Lontos on this item. Mr. Lontos, P. E., Assistant City Manager explained that there is a need for a master plan for the water in the community, particularly in view of the growth of the south part of the City. He noted also that there are older sections of the City with inadequate water lines; there is trouble with the Baldwin transmission line; and with the completion of the Choke Canyon Dam and expansion of the O.N. Stevens Water Plant, the City needs to have a complete plan for the water system. Mr. Lontos continued by informing the Council that Black & Veatch will furnish the City with a computer type program to identify the weaknesses of the system and the City will be able to identify any problems in the future. He explained that the contract will require 8 to 9 months for completion. He pointed out that the computer program will be merged with the City's computer. N s F ,r Council Meeting De_..,nber 16, 1981 Page 5 12. A 60 -year lease be entered into with Rust Properties for the purpose of erecting a skybridge over North Carancahua Street between Antelope and Buffalo Streets. Also included in the lease is the right to protrude into the right-of-way of North Tancahua Street 6 feet 8 inches with a 12 -foot high canopy overhang for the proposed post office facility being built in conjunction with the project. The skybridge will be a masonry and glass structure with 16 feet of clearance above the street and will connect the proposed 23 -story Texas Commerce Plaza Office Tower with a parking garage and plaza north of the Petroleum Tower. Construction of the project is scheduled to begin in February, 1982. The recommended fee for the lease is $14,370. 13. The 300 Block of North Chaparral Street (between Lawrence and Williams Streets) be closed to vehicular traffic from 5:00 p.m. until 11:00 p.m. Thursday, December 17, 1981, so that the Downtown Merchants Association can sponsor a public festival. This event will feature several musical bands and a Santa Claus to entertain downtown Christmas shoppers. There will be no charge to the public and no refreshments will be served. The Downtown Merchants Association has acquired the approval of each property owner within the street closure for this event. Council Member Gulley inquired about the conflicting wording on the item on the City Manager's Reports and the ordinance as it relates to serving food and drinks. Acting City Manager Briones explained that the contract requires permits if beverages and food are sold. He stated that the staff is still working out the details with the Downtown Merchants Association. Council Member Gulley stated that he wanted to be sure that all of the merchants had agreed to this street closing, and Mr. Briones assured him that they had. Mr. Briones commented on a related matter and informed the Council that the merchants seem to feel that the free parking meters are working well, but city employees have reported that at 8:00 a.m. all of the parking places are being used, possibly by office workers. Mayor Pro Tem Turner expressed the opinion from personal experience that the free parking has been very successful. Council Member Kennedy referred to the liability insurance that is required for the closing of this street and inquired if liability insurance was necessary for the Christmas tree lighting ceremony. Mr. Briones explained the reason for liability insurance, pointing out that even one incident could cost the City a great deal of money if insurance is not available. h s R ar Council Meeting December 16, 1981 Page 6 * 14. Coated and wrapped steel pipe for the Gas Division to extend the basic transmission system to include Buckingham Estates, Crestmont VI, Brighton Village and Industrial Technology Park be purchased as follows on the basis of low bid meeting specifications: L. B. Foster, Company, Houston: 16,000' of 10.75" steel pipe $134,400 6,000' of 16" steel pipe 87,600 Total - $222,000 The apparent low bid of $77,220 by Alloys of Texas, Corpus Christi, on the 16" pipe did not meet the pipe grade requirements of the specifications. The grade of pipe bid by Alloys is difficult to weld. Bids were received from five firms. Mayor Jones referred to a statement in the last paragraph of this item and inquired about the reason the type bid by Alloy's is difficult to weld. Mr. Briones stated that he would attempt to find an answer to this question before the meeting is over. Mr. Tom Stewart, Director of Traffic and Transit, arrived at the Council Chamber to discuss the item in regard to closing the 300 block of N. Chaparral Street. He informed the Council that he had discussed this with Mr. Pro before lunch and he had been unable to obtain liability insurance which is required with the street closing. Mr. Stewart stated that all events that require street closings must have liability insurance. Assistant City Manager Bill Hennings stated that it was his understanding that the cost for liability insurance would be about $100. He also stated that' Mr. Pro had approached some of the Council Members to ask that the liability insurance not be required. Mayor Jones stated that Mr. Pro may have approached some of the Council Members, but he, personally, had not been contacted. He expressed the opinion that if liability insurance is always required and no waivers have been granted in the past, then he felt that the liability insurance should be required for this event also. Mr. Hennings noted that all major events conducted in the auditorium and Convention Center must have liability insurance also. Mr. Stewart stated that he will contact an insurance agent to determine the cost of the liability insurance for this event. Mayor Jones stated that he thought that Mayor Pro Tem Turner was checking on that matter right now. Minutes Regular Council Meeting December 16, 1981 Page 7 15. A twelve months supply agreement be approved as follows based on low bid for Item 1 and only bid on Items 2 and 3. The chemicals are used by the Water and Wastewater Services Divisions. r McKesson Chemical Co., Corpus Christi: Item 1 - 72 tons of ferric chloride Item 2 - 20 tons of activitated carbon Item 3 - 8 tons of copper sulfate $70,704.00. 14,115.00 7,512.00 Total $92,331.00 Two bids were received. The prices are subject to material and freight escalation. Price comparison shows an increase of 19% - 7% on material and the remainder on freight. 16. A contract in perpetuity be approved with the Beeville Water Supply District for the sale of untreated water from Lake Corpus Christi. The proposed contract contains the same basic terms and rate schedule as provided in City's raw water contracts with San Patricio, Alice, and Mathis. The District plans to construct a raw water intake structure on the upper end of Lake Corpus Christi, a 1.5 mile 24 -inch diameter raw water transmission main to a treatment plant site east of the intersection of IH 37 and FM 534 near Swinney Switch, a 7.0 million gallon per day water treatment plant, and a 16.6 mile 24 -inch diameter treated water main to Beeville. The present charge for untreated water is 101/1,000 gallons. The District is expected to complete construction of the facilities in two years and take 2 million gallons per day to serve Beeville. Estimated revenue is $80,000 per year. Mr. Briones stated that the process of the sale of water to Beeville has not been completely cleared with the local water district and indicated that he plans to change the ordinance authorizing this contract to a three reading ordinance. Mayor Jones inquired if the City of Corpus Christi sets the maximum amount of water that can be sold. City Attorney Aycock explained that the Charter states the limits according to population, etc. Mayor Jones then inquired if this water can be used for agricultural purposes. Mr. Paul Werner, Water Division Superintendent, replied that that is prohibited. He also stated that the cost to Beeville is based on the total cost of supplying the water. Council Member Hawkins inquired if there is anything ;in the water ordinance that allows for increased costs, and Mr. Werner replied that there is not because it is basically the cost of the raw water itself. He stated that if an additional reservoir is necessary in the future, these costs could be considered later. *es lar Council Meeting L....amber 16, 1981 Page 8 Mr. Aycock stated that this is a public rate or in other words, whatever the water costs the City, will be passed on to the users. Mr. Werner assured the Council that the charge would be increased as the City's costs increase and some of the items that need to be considered in the cost are maintenance, operation, salaries and if the dam needs maintenance, those costs will be reflected in the raw water costs in which all participating entities would be charged for maintenance of the dam. 17. A grant application be submitted for $88,979 for 8th year funding of the Retired Senior Volunteer Program (RSVP) to the ACTION Agency. A local match of $36,969 is required and has been approved in the 1981-82 City budget. Other funds making up the total are $11,869 from the State and $40,141 in Federal funds. RSVP plans to recruit 650 volunteers in the next program year beginning April 1, 1982. No programmatic changes are anticipated. 18. A public safety facility be located on Padre Island and the following actions be approved: a. A lease for space at Padre Isles Country Club at no cost to City; b. The purchase of one 46' x 10' bunk house fully furnished from Bishop Mobile Center for $13,850, including delivery, blocking and tie -downs; c. The purchase of materials and construction of one pole building (30' x 30') for $2,500; d. Connection of utilities as follows: 1. Electricity 2. Sewer 3. Water $ 500 $ 500 $3,200 e. Construction of 700 feet of temporary roadway from the site to Commodore Street by Street Division for $12,000. Acting City Manager Briones explained that this is a temporary site adjacent to an existing building. Council Member Kennedy referred to item 18 section b which calls for the purchase of a bunk house and inquired if this was necessary. Mr. Briones explained that the staff has looked into the possibility of leasing a building and have found that the most economical way to obtain a building is to purchase it and then sell it when it is no longer needed. Council Member Zarsky pointed out that Geo Structure leases very economically. Mr. Tom Utter, Assistant City Manager, referred to the memorandum sent to the Council on Friday which listed the lease price from both Bishop's and i s • h ar Council Meeting December 16, 1981 Page 9 Geo noting that the staff was of the opinion that purchasing the building would be the least expensive. He located the proposed building on a map. Chief Ralph Rogers, Fire Department, stated that this is just a temporary facility but the permanent facility hopefully will be located near Whitecap which is in the center of Padre Island. Mayor Pro Tem Turner expressed the opinion that it would be better to utilize a permanent location on which to place the temporary building and Mr. Utter explained that the staff has not been able to acquire a permanent site as yet. Mayor Jones urged that this item be approved in order to provide a safety facility on Padre Island. _ Council Member Zarsky noted that there are some dedicated parks in this area, and Mr. Utter agreed that there is some land that is reserved for parks but it has not been dedicated yet. He pointed out that most of the park land is not in a suitable location. Mr. Zarsky continued by noting that the park land at Mariner's Cay is not too far from the recommended location and pointed out that if the temporary road way is necessary it could later be used for the park when it is developed. Council Member Zarsky recommended that a location nearer Padre Island Drive and Park Road 53 be considered for the permanent location. Mayor Jones suggested that some type of ceremony be conducted to let people know that a public safety building is available and Chief Rogers suggested the third week in January for such a ceremony. 19. A contract be approved with Imperial Mill and Fixtures, Inc., Corpus Christi to construct and install "The General Store" exhibit in the Corpus Christi Museum on the basis of low bid of $23,750. Two bids were received. The construction of the exhibit was included in the improvements to the north wing of the Museum for which $100,000 was voted in the 1977 bond election. The store will be a 12'x27' two story structure from the period 1890 to 1905. An appropriation of $23,750 is needed. 20. Bids be received January 13, 1982 for a three-year mineral lease for 32.32 acres at the site of the Westside Wastewater Plant. A request has been made to lease the minerals. The minimum cash bonus is recommended to be $50 per acre, the minimum delay rental $10 per acre and the minimum royalty 20%. No surface drilling will be allowed on the 32.32 acres. 21. A lease be approved with Nueces County to utilize Wing 5 of the Hilltop Community Center as a temporary location for a fire training academy by the Fire Department subject to approval by the County Minutes Regular Council Meeting December 16, 1981 Page 10 Commissioners. The cost of refurbishing the wing including electrical, plumbing, heating, air conditioning, roof repairs and painting is estimated to be $35,000. The County will not charge the City any rent for use of the wing; however, the City will be responsible for utilities estimated to be $9,000 per year. Money for refurbishing and utilities is available in the Fire Stations budget. Utilities will be paid out of existing operational funds. Council Member Gulley inquired as to why a permanent location was not established for this training center. Acting City Manager Briones explained that the City needs to find a training facility immediately since the training has previously been conducted at Del Mar Tech and that college now needs the space they're using. He assured the Council that if in the future the City finds that this facility will meet the needs, then something permanent can be worked out with the County. Chief Rogers stated that he had checked the possibility of having a training facility with the school system, the county and so forth. He stated that the ideal location for a training facility would be in an industrial area so that the smoke and noise would not disturb anyone. He noted that the staff hopes to have this facility included in the bond election, but it was deleted from the election to be considered for February 1982. 22. Two replacement and one additional ambulances be purchased from Superior Southwest, Inc. , Dallas, on the basis of low bid meeting specifications, for $144,000. The apparent low bid by Summers Ambulance & Coach Sales, was for a unit with interior cabinets constructed of plywood in lieu of the high impact plastic required by the specifications. The last ambulances purchased had plywood cabinets which resulted in excessive maintenance costs. The replacement ambulances are for a 1975 and 1977 model. The additional ambulance is included in the Revenue Sharing Budget and will allow an ambulance to be stationed on Padre Island. Superior Southwest quoted a delivery time of 90 days. Council Member Kennedy pointed out that if the City plans to eliminate the transfer service by Aid Ambulance, if it would be possible to cancel the purchase of these ambulances. Chief Rogers explained that one of the ambulances will have to go to Padre Island and the other two will be replacements for worn out vehicles. 23. Bids be received January 5, 1982, for a fully integrated computerized engine analyzer for Maintenance Services. The equipment is included in the 1981-82 Budget. 24. Bids be received January 5, 1982, for four additional intermediate sedans for the Police Department for the Narcotics Task Force. Previously, officers assigned to the Task Force used leased vehicles t 's 1 it Council Meeting December 16, 1981 Page 11 as required by the Task Force grant. Grant funding terminates December 31 and vehicles will have to be purchased. Council Member Hawkins inquired about the source of funds for this and Acting City Manager Briones stated that it is in the approved budget. In a return to the discussion of the closing of N. Chaparral Street, Mr. Lontos informed the Council that Shelton Insurance Agency had agreed to provide $300,000 worth of liability insurance for this event for only $100. - Mayor Pro Tem Turner stated that the agency she discussed it with cannot guarantee $1 million of insurance and inquired if it would be possible to waive this requirement. City Attorney Aycock stated that this would be a 'calculated risk because one injury 'could cost the City about $1 million. Mayor Pro Tem Turner suggested the possibility of obtaining two $300,000 policies for liability coverage. The staff indicated they would check this possibility. A motion was made by Mayor Pro Tem Turner that item 13 be tabled until later in the meeting, seconded by Council Member Kennedy and passed unanimously. - 25. Alternate industrial district agreements be approved with Weatherby Engineering Company and Heldenfels Brothers, Inc. These companies have submitted signed copies of the alternate agreement without a minimum payments provision and have asked that they be substituted for the original agreements. 26. A payment from the Self -Insurance Fund be approved of $13,150 to pay the judgment rendered against the City in Aurora Rangel v City, et al. This case arose from the April 1, 1980, accident on 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 meeting. 27. A resolution be passed in support of the State Department of Highways and Public Transportation proposed improvements to the Calallen Interchange (U.S. 77, I.H. 37 and F.M. 624). Mayor Jones called for comments from the audience on the City Manager's Reports. Mr. Michael Berry, representing the Lower Nueces River Water Supply District, referred to the item pertaining to the sale of water to Beeville and stated that he would like to have a copy of the final contract with Beeville. He stated that he understood it is to be placed on a three reading basis and indicated that he concurred with that because the District has had some reservations about this which they have passed along to the City staff. He Minutes Regular Council Meeting December 16, 1981 Page 12 stated that the District had requested that they be provided with a copy of the final contract because of their concerns about the wording but they have not actually seen the contract. He noted that the draft version of the contract did not specify a limitation on the amount of water. Mayor Jones suggested to Mr. Berry that he provide the Council with written comments in regard to his concerns. Mr. Berry agreed that this ordinance authorizing the sale of water to Beeville should be on a three reading basis, but he stated that the differences between the City and the Water District hopefully could be worked out' prior to the third reading. Mr. Berry questioned the timing on this contract since the details have not been worked out. Mr. Briones explained that the reason the City of Beeville wanted this item on the agenda as soon as possible was because of the favorable water bond market at this time. Mr. Berry continued by stating that he is very concerned about the water rights being given away, even though he agreed that the City of Beeville should be sold water. He stated that he just wants to be sure that the contract is fair to the City of Corpus Christi. Mr. Briones assured Mr. Berry that the ordinance would be on a three reading basis and if necessary the third reading could be delayed. Mr. Briones then referred to item 14 on which Mayor Jones had a question. He stated that he had not been able to obtain an answer as to why the pipe bid by Alloy's is difficult to weld and agreed to withdraw this item. No one else spoke in regard to the City Manager's Reports. A motion was made by Mayor Pro Tem Turner that the City Manager's Reports items 1 through 27, with the exception of item 14 which was withdrawn and item 13 which was tabled until later in the meeting, be approved; seconded by Council Member Kennedy; and passed unanimously. ************ Mayor Jones announced the hearing on the following appeal: Appeal of the decision of the Planning Commission on the plat of Saratoga Place, Block 11, located west of Ayers Street and north of Saratoga Boulevard. 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. N s F r Council Meeting December 16, 1981 Page 13 Acting City Manager Briones asked Mr. Larry Wenger, Chief Planner, to explain the appeal. Mr. Wenger informed the Council that this is a plat appeal from a decision of the Planning Commission. He explained that the Commission took action on this plat on March 17, 1981. He noted that it consists of a series of lots facing on Ayers Street and the Planning Commission action was to grant the plat subject to several conditions such as park dedication, water, a drainage plan, a City/County Health Department certification for sanitary sewer service and the recommendation that the Council purchase the necessary right-of-way that is needed in accordance with the Master Transportation Plan. Mr. Wenger noted that there was a question as to whether that action established a building line and it was determined that a 220' building line would be necessary for this property in order that land can be acquired for the right-of-way for the extension of the Crosstown Freeway. He stated that the City had received a letter from a representative of the developer of this property appealing the action of the Commission, and even though they did not state specifically what the appeal was for, it was assumed that it was in regard to the 220' building line. Mr. Wenger continued his presentation by explaining that the City has several problems in this particular area, particularly sanitary sewer facilities and activities that occur at Cabaniss Airfield. He again pointed out that the Corpus Christi Transportation Plan did adopt the requirement for the future extension of Crosstown Freeway which would require 300' of right-of-way all on the west side because of the proximity of the airfield. Mr. Wenger also noted that there is concern about the clear zone for the airfield and block 11 is located in this clear zone. He noted that the Council adopted theupdate of the Master Transportation Plan which required that the developer dedicate the right-of-way for the future extension of the freeway. He expressed the opinion that the Council's approval of this transporation plan should reverse the suggestion of the PIanning Commission that the City purchase the right-of-way from this developer. Speaking on behalf of the developer was Mr. J. W. Gary, attorney. Mr. Gary stated that this particular piece of property has been in the process of being platted since January of 1979 when it was approved subject to the Minutes Regular Council Meeting December 16, 1981 Page 14 installation of a water line. He stated that he was of the opinion that everything had been worked out for this land with the exception of the 220' building line which his client objected, to; Mr. Gary pointed out that if the developer dedicates the 220' of right-of-way they will be giving up 47.03% of their tract of land until the City gets around to condemning the land. Mr. Gary stated that it was very clear to him that the City had established the 220' building line so that it would not be so expensive to condemn the right-of-way for the extension of the freeway. He indicated surprise that the staff has brought up the matter of the AICUZ study again. He questioned also whether the City has the right to refuse to approve a plat without a building line just so the City can condemn property in the future for the freeway. Mr. Gary referred to several court cases of similar situations to substantiate his charges that the City was unfairly requiring the 220' building line. Mr. Gary continued his remarks by stating that the fact that the City has the right to do something does not mean that the City does not have to pay for it. Mr. Gary agreed that the developer is required to comply with the sewer plan, but until they know the status of that 220' building line, there is no way that their engineer can plan the utilities. He pointed out that until the City takes the property for the freeway, the developer will have tlie added expense of a driveway plus the loss of the use of this land for an unknown period of time. He contended that the Planning Commission has no authority to require a 200' building line for the purpose of reducing the cost of condemning property. He stated that he felt that the Council should know their position on the' legal opinions which he cited earlier and stated that he felt that this falls in the eminent domain category. Mr. Gary continued by referring to a state statute that stated that a City cannot take land for an existing state highway without the consent of the abutting property owners; therefore, he feels that the City cannot require a , right-of-way dedication for the purpose of the City's retaining the property so that it can be condemned. He suggested that the City not require the 200' building line but instead that they go ahead and condemn the property and acquire it for the extension of the Crosstown Expressway. Council Member Kennedy inquired if the extension of the Crosstown freeway could be elevated through a clear zone according to the AICUZ study. ar Council Meeting De,ember 16, 1981 Page 15 Mr. Gary replied that in the clear zone there is a 6" limitation which limits any development to a grassy area. He questioned whether an engineering firm could even design an interchange at that location. He speculated that 16' would be required for the interchange which means that it would be full of water most of the time. Council Member Kennedy inquired about the priorities on this, whether the AICUZ study or the Master Transportation Plan has precedence over the other. Mr. Briones explained the location of the clear zone and pointed out to the Council that next week they will be discussing purchasing some of this property. He questioned whether the two issues could be separated. He noted that the question before the Council today is whether they can require the dedication of the 200' of right-of-way. Mayor Jones noted that the Master Transportation Plan requires an inter- change at Saratoga and questioned whether the Council can permit construction in an area that they know will be required for right-of-way for a future interchange. Mr. Gary again pointed out that the City could purchase that land now. Mayor Jones commented that if the land is purchased the cost would be several million dollars. Mr. Briones noted that since all of the right-of-way must come from the west side, it would be necessary to purchase 300'. Council Members Kennedy and Hawkins agreed that the City should either buy the land or allow the developer to build on it. City Attorney Aycock explained that all of this was discussed before the Planning Commission. He pointed out that the platting statute can require dedication of 200'. He informed the Council that Mr. Gary was asked to discuss this matter and tell the City what would be a reasonable amount of land to dedicate. He pointed out that there are many plats approved that require a large amount of land for easements. He noted that the clear zone has nothing whatsoever to do with platting. If the City needs that land, it may not seem fair to ask the developer to give up 200' or one-half of their property but it is all right to require dedication of some of the right-of-way. He referred to statute 1085A which states that the entity must either buy the land for extension of an existing freeway or the property owner could consent to dedicate the land. Minutes Regular Council Meeting December 16, 1981 Page 16 Mr. Gary again pointed out that the 220' of right-of-way would take 97.03% of the subject land from the developer. Council Member Gulley inquired about what has happened on the other side of Ayers. A gentlemen in the audience stated that Block 12 was platted and the requirement for dedication was not placed on that plat. Mr. Wenger pointed out that the Block 12 plat is no longer valid because it expired. Mr. Wenger also noted that six of the plats approved have been declared void because of the expiration of the date of the plat. Mr. Briones also pointed out that the plats were actually denied because of the conditions set by the Planning Commission. Council Member Zarsky inquired about the kind of intersection that is to be located at Saratoga and Ayers and ,whether it will be underpass or an overpass. Mr. Wenger stated that it is shown on the transportation plan for a full interchange in that the freeway would go under Saratoga and the drainage would be to the Oso. He noted that the engineering has not been prepared on this interchange yet. Council Member Zarsky agreed that there should be some compromise rather than the City having to purchase the full 200' for such a valuable piece of property. He expressed the opinion that the Council should resolve this as soon as possible to avoid court proceedings and suggested that the City Attorney attempt to negotiate the value of this property. Council Member Gulley suggested that the City change the location of the interchange because of the many problems associated with this location. Mr. Briones pointed out that other problems would exist if the location is changed. Mayor Jones pointed out that the Master Transportation Plan has been in effect for two years and developers are aware of it. He questioned why the City should change it now. Mayor Jones stated that he felt that the people of Corpus Christi should be considered, not just one property owner. He stated that he was of the opinion that it would be wrong to allow construction in a location where the City knows it will have to purchase land for the interchange. es .ar Council Meeting 1��..amber 16, 1981 Page 17 City Attorney Aycock suggested that dedication of 100' be made according to the platting ordinance which he felt should be the minimum that this client should have to donate. He expressed the opinion that this would not be an unreasonable request. Mr. Gary objected to a developer having to donate land for perimeter streets. He noted that when benefits are taken from a developer for the use of the public, this is an unnecessary burden. Council Member Gulley questioned whether the City should purchase the land for the right-of-way, pointing out that it would establish a precedent for all developers and they would appear before the Council filing plats just for the purpose of selling 200' of highway frontage to the City. Mayor Pro Tem Turner made a motion to refer this matter to the City Attorney's Office for further negotiations for no more than 60 days; seconded by Council Member Hawkins; and passed unanimously. In a further reference to item 13, the closing of the 300 block of North Chaparral Street, Mr. Stewart stated that he would recommend that the ordinance be amended to require $500,000 for personal injury and $100,000 for property damage. He informed the Council that the cost of this policy will be $150. A motion was made by Mayor Pro Tem Turner that item 13 be approved with that change in the insurance 'requirement; seconded by Council Member Dumphy; and passed unanimously. * * * * * * * * * * * * Mayor Jones called for the ordinances. Acting City Manager Briones briefly explained the ordinances on the agenda and withdrew the third reading of the park dedication agreement with SAA -81 joint venture because of problems with a motion to amend. There were no comments from the audience on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: Minutes Regular Council Meeting December 16, 1981 Page 18 FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH RUST PROPERTIES IN ACCORDANCE WITH ARTICLE IX, SECTION 29, OF THE CITY CHARTER FOR THE LEASING OF CERTAIN AERIAL PREMISES, ALL AS MORE FULLY SET FORTH IN THE LEASE, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. 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 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 LOCATED SEAWARD OF THE INTRACOASTAL CANAL; PROVIDING FOR PUBLICATION BY NOTICE; AND PROVIDING A SAVING CLAUSE. First Reading - 12/9/81) 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 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 "1". (First Reading -12/9/81). 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". ORDINANCE NO. 16755: 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. (First Reading -11/25/81, Second Reading - 12/9/81). 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. 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 OK 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 Reading - 11/25/81, Second Reading - 12/9/81). ?S ,ar Council Meeting December 16, 1981 Page 19 ORDINANCE NO. 16757: 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 (21% 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, Second Reading - 12/9/81). 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. 16754: 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, Second Reading - 12/9/81). 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". FIRST READING: AUTHORIZING THE CITY MANAGER TO ENTER INTO A WATER SALES CONTRACT WITH THE BEEVILLE WATER SUPPLY DISTRICT, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dmphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16758: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BEEVILLE ROOFING COMPANY FOR REPAIRS TO THE ART MUSEUM OF SOUTH TEXAS, APPROPRIATING AND REAPPROPRIATING $18,600 OUT OF THE NO. 124 FEDERAL REVENUE SHARING FUND, ACTIVITY 701.59, CODE 345 OF WHICH $16,600 IS FOR THE CONSTRUCTION CONTRACT AND $2,000 IS FOR ADDITIONAL ENGINEERING, LEGAL ADVERTISING, CONTINGENCIES AND RELATED EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye". Minutes Regular Council Meeting December 16, 1981 Page 20 ORDINANCE NO. 16759: AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 3 TO THE CONTRACT WITH ISLES CONSTRUCTION COMPANY FOR CONSTRUCTION OF STREET IMPROVEMENTS IN THE NUECES COUNTY COURTHOUSE AREA WHICH PROVIDES FOR DRAINAGE IMPROVEMENTS IN THE WASHINGTON-COLES AREA; APPROPRIATING $16,594.75 OUT OF THE NO. 162 FEDERAL/STATES GRANT FUND, DEPARTMENT NO. 152, ACTIVITY 807.04, CODE 502 (6TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT); AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16760: AMENDING ORDINANCE NO. 16543 WHICH AUTHORIZED AN INDUSTRIAL DISTRICT AGREEMENT WITH WEATHERBY ENGINEERING COMPANY TO SUBSTITUTE AN ALTERNATE AGREEMENT ATTACHED HERETO AS EXHIBIT "1" FOR THE ONE ORIGINALLY EXECUTED BY THE COMPANY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16761: AMENDING ORDINANCE NO. 16366 WHICH AUTHORIZED AN INDUSTRIAL DISTRICT AGREEMENT WITH HELDENFELS BROTHERS, INC., TO SUBSTITUTE AN ALTERNATE AGREEMENT ATTACHED HERETO AS EXHIBIT "1" FOR THE ONE ORIGINALLY EXECUTED BY THE COMPANY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, DUmphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16762: CLOSING THE HEARING ON SIDEWALK IMPROVEMENTS FOR THE FOLLOWING STREET: a. PURDUE ROAD, SOUTH SIDE, FROM WALDRON ROAD WEST FOR APPROXIMATELY 270 LINEAR FEET, AND b. PURDUE ROAD, NORTH SIDE, FROM A POINT EAST OF LOMBARDY STREET TO WINDMERE DRIVE, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING THE SAID STREET WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT: FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. ' The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Turner, Dumphy, Gulley, HAwkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16763: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH JON C. LEWIS FOR CONSTRUCTION OF THE PURDUE ROAD SIDEWALK PROJECT; APPROPRIATING $19,000.00 OF WHICH $14,086.03 IS OUT OF THE NO. 162 FEDERAL/STATES GRANT, DEPARTMENT 152, ACTIVITY 807.05, CODE 502 (7TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT) AND $4,913.97 IS OUT es .ar Council Meeting December 16, 1981 Page 21 OF THE NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NO. 220-77-58, PURDUE ROAD SIDEWALKS, OF WHICH APPROPRIATION, $15,775.30 IS FOR THE CONSTRUCTION CONTRACT AND $3,224.70 IS FOR ADDITIONAL ENGINEERING, LEGAL ADVERTISING, CONTINGENCIES AND RELATED EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16764: APPROPRIATING $6,554.67 OUT OF THE NO. 291 PARK BOND FUND FOR COST OVERRUNS ON THE CONTRACT WITH BROWN AND ROOT, INC., FOR THE MARINA IMPROVEMENTS PEOPLES STREET T -HEAD BOAT SLIP REALIGNMENT, APPLICABLE TO PROJECT NO. 291-77-5, 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. 16765: AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION FOR $88,979 FOR EIGHTH YEAR FUNDING OF THE RETIRED SENIOR VOLUNTEER PROGRAM (R.S.V.P.) TO THE ACTION AGENCY, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED, CONTRACTS AND ALL OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE AFORESAID PROGRAM; 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. 16766: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BLACK & VEATCH, CONSULTING ENGINEERS, PROVIDING FOR THE PREPARATION OF A WATER DISTRIBUTION MASTER PLAN FOR THE CITY OF CORPUS CHRISTI; APPROPRIATING $115,000 OUT OF THE NO. 205 WATER SYSTEM BOND CONSTRUCTION FUND APPLICABLE TO PROJECT NO. 205-81-3, WATER DISTRIBUTION, TRANSMISSION, UNDERGROUND AND ELEVATED STORAGE SYSTEM MASTER PLAN FOR ENGINEERING FEES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jone, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16767: AUTHORIZING CITY MANAGER TO ENTER INTO LEASE WITH PADRE ISLAND INVESTMENT CORPORATION FOR TEMPORARY USE OF A PORTION OF PADRE ISLES COUNTRY CLUB MAINTENANCE FACILITY TO SERVE AS LOCATION FOR TERMPORARY FIRE STATION, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16768: FINDING THAT A PUBLIC FESTIVAL WHICH IS TO BE HELD ON DECEMBER 17, 1981, IS IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 300 BLOCK OF CHAPARRAL STREET TO VEHICULAR TRAFFIC FROM 5:00 P.M. UNTIL 11:00 P.M., THURSDAY, DECEMBER 17, 1981, FOR SAID FESTIVAL Minutes Regular Council Meeting December 16, 1981 Page 22 SPONSORED BY THE DOWNTOWN MERCHANTS ASSOCIATION; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE; PROVIDING FOR LIABILITY INSURANCE, RESTORATION OF DAMAGED CITY PROPERTY; REQUIRING PERMITS FOR BEER AND FOOD; REQUIRING COMPLIANCE WITH CITY CODES; REQUIRING THAT SPONSOR TO RESTORE THE AREA FOR USE BY VEHICULAR TRAFFIC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION/PERMIT; PROVIDING FOR AN - EFFECTIVE DATE; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERANCE; 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. 16769: AUTHORIZING EXECUTION OF A LEASE WITH NUECES COUNTY FOR THE USE OF WING 5 OF THE OLD HILLTOP HOSPITAL AS A TEMPORARY LOCATION FOR A FIRE TRAINING ACADEMY FOR THE FIRE DEPARTMENT; AMENDING THE 1981-82 FIRE DEPARTMENT BUDGET BY CANCELLING THE AUTHORIZATION FOR PURCHASE OF A FIRE TRUCK IN THE FIRE STATIONS ACTIVITY 516.41, CODE 503, AND TRANSFERRING $50,000 FROM, FIRE STATIONS ACTIVITY 516.41, CODE 503, TO THE PUBLIC SAFETY EQUIPMENT BOND FUND NO. 270 TO SUPPLEMENT UNALLOCATED BOND FUNDS FOR THE PURCHASE OF A FIRE TRUCK, AND TRANSFERRING $35,000 FOR BUILDING MAINTENANCE AND $9,000 FOR UTILITIES FROM FIRE STATIONS ACTIVITY 516.41, CODE 503, TO FIRE ADMINISTRATION AND TRAINING ACTIVITY 516.11, CODES 345, 312, AND 313, FOR THE MAINTENANCE AND OPERATION OF A FIRE TRAINING ACADEMY, 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. 16770: A RESOLUTION BY THE CORPUS CHRISTI CITY COUNCIL ENDORSING AND SUPPORTING THE TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION'S PROPOSED DESIGN LAYOUT FOR THE RECONSTRUCTION OF THE CALALLEN INTERCHANGE (U.S. 77, F.M. 624, IH 37); 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". * * * * * * * * * * * * Assistant City Manager Lontos appeared before the Council and explained a very serious cave-in in connection with a sanitary sewer at McArdle Road. He explained that they have not found the problem yet; the contractor working in that area has been attempting to locate it and repair it; City Staff will also be' assigned to work on this line; but he wanted the Council to know that it is a massive cave-in and could be a very critical problem. He assured the Council that it is not a health hazard yet, but the flow is over capacity and is up to the manholes now. * * * * * * * * * * * * r i ar Council Meeting De,ember 16, • 1981 Page 23 Council Member Gulley suggested that since the entire Council would not be present at the Council Meeting until next year, that appointments to some of the Committees be made at this time. Mr. Gulley then nominated Mr. Richard Elizondo to the Planning Commission to the vacancy due to resignation with term to July 31, 1984. There were no other nominations and this nomination was seconded by Mayor Pro Tem Turner. Mr. Elizondo was elected by acclamation. Council Member Hawkins nominated Ms. Shelly Hinojosa to the Coastal Bend Consortium Planning Council for one year beginning October 1, 1981. He stated that she is employed by the Coastal Bend MH -MR organization and is qualififed for the vacancy that exists. The Council also elected Ms. Hinojosa by acclamation. The Council agreed to table the appointment to the Landmark Commission. * * * * * * * * * * * * Mayor Jones then called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Manuel Rodriguez, representing the Latin American Shrimpers, questioned why they're being moved from the L -Head to the T -Head. He explained that he has two large boat slips; he owns two shrimp boats; he has been there for twenty years; and the boat slips assigned to him for his shrimp boats are very, very small. Mr. Utter explained that at the time the Peoples Street T -Head was redesigned, the idea of the Marina Board and the City Staff was to move all of the shrimpers to the same location at the People's Street T -Head. He explained that the Marina Board was of the opinion that the working boat slips and the pleasure boat slips should not be together because the working boats are in and out every day, but there is not much traffic generated with the pleasure boats. He noted that security and the basic incompatibility of the two types of craft are the reason for the movement to the People's Street T -Head. Council Member Hawkins expressed • the opinion that there's already too much activity on the People's Street T -Head and questioned the reason for this move. Further discussion followed and Mayor -Pro Tem Turner suggested that the City place something on the People's Street T -Head to attract the shrimpers to move there. Minutes Regular Council Meeting December 16, 1981 Page 24 Mayor Jones suggested that this be referred back to the staff with no requirements for moving the shrimpers until after further discussion has been conducted. Mrs. Montserrat Schwardt, 3237 Nassau Street, registered a complaint with the Council because of the lack of sewers in Tropic Isles Subdivision. She stated that the City Staff had informed them that there are not enough residents to warrant extending the sewer lines. She expressed the opinion that more people would build in that area if sewer service was available. Assistant City Manager Lontos explained to the Council that this area is east of Laguna Madre; the Council policy has been to extend sewers when there is a need and when houses are located in an area; the last contract was for the south end laterals in Flour Bluff which project expended all of the money available for the extension of sanitary sewer lines. He pointed out that this street does not have very many houses on it. Mayor Jones explained that there are about 300 people in Flour Bluff who do not have sewers in front of their house and there are about 300 people in Flour Bluff who do have sewers but have not chosen to connect to the sewer system. Mrs. Schwardt informed the Council that she had presented a petition for this sanitary sewer service to the City Secretary's Office and Mayor Jones stated that since a petition had been received, an answer would be prepared for her. Mrs. Beth Welsh informed the Council that she had a proposal for their consideration and asked that she and two other ladies be allowed to build a multi-purpose building on the middle T -Head where the marina station formerly was located. Mrs. Welsh explained that the facility proposed would have a marina office, a fuel station, the sale of snack type foods and cold drinks and on the second floor they would like to have a combination patio -bar with an observation deck and on the third floor would be located another observation deck. She explained that they had presented their plans to the Marina Board and the Park Board and they have informally approved this concept. Mrs. Welsh informed the Council that they have not prepared plans yet but they would just like to have the Council concur with the concept of the building. • tes lar Council Meeting L....ember 16, 1981 Page 25 Mayor Jones suggested that this be discussed during a workshop meeting. Council Member Dumphy pointed out that the Council had received a memorandum from the staff stating they would be willing to work with Mrs. Welsh and the other ladies involved on this project. Assistant City Manager Utter agreed that he would be willing to try to work with the ladies, but expressed the opinion that the guidelines should be established and then the City should go out for proposals for this project. He : reminded the Council that the bids to rebuild the marina office were much higher than anticipated and this would be an opportunity for the City to have a marina office with private funding. Council Member Gulley indicated that he was very much , in favor of instructing the staff to work with Mrs. Welsh on this project. A motion was made by Mayor Pro Tem Turner to direct the staff to work with Mrs. Welsh and the other ladies to devise plans for the proposed structure, including the marina office; seconded by Council Member Dumphy and passed unanimously. Mr. Ray Peterson, Peterson Development Corporation, spoke in regard to the bond program. He referred to improvements of Airline Road from Holly to • Saratoga and requested that this be included in the bond program. He noted that the State Department of Highways and Public Transportation are presently working on plans for the improvements of Airline Road from Williams to Holly • and property owners in the area beyond that point would like to have Airline extended all the way. He noted that this is a main street to Ocean Drive from Yorktown Boulevard and he hoped that the Highway Department would agree to include this in their future plans. He noted that this is one of the fastest growing areas in the City and the property owners in that area feel that the streets should be improved. Mayor Jones explained that the Council is limited to a certain amount of money. Mayor Jones referred to a letter from Hitox Corporation in which they requested a refund on their utility payments from September 1979 until September 1981. He stated that although the Council had reduced their utility costs a short time ago, he did not feel that this refund should be approved. Minutes Regular Council Meeting December 16, 1981 Page 26 Council Member Dumphy agreed and the other Council Members indicated their concurrence. Mayor Jones then requested Mr. Briones to prepare a letter with a negative response to this request. Mayor Jones stated that he would like to announce to the news media that the Council is continuing their search for a new City Manager. He informed them that the Council is still evaluating all the information and no decision has been reached at this time. * * * * * * * * * * * * There being no further business to come before the Council, on motion by Council Member Gulley, seconded by Mayor Pro Tem Turner and passed unanimously, the Regular Council Meeting was adjourned at 6':12 p.m., December 16, 1981.