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HomeMy WebLinkAboutMinutes City Council - 12/23/1981MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING DECEMBER 23, 1981 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley Herbert L. Hawkins Cliff Zarsky ABSENT: Council Member Charles W. Kennedy Acting City Mgr. Ernest Briones City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Pastor William C. Wayne of Central Christian Church, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Betty N. Turner. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones then administered oaths to new Board and Committeee appointees. ********* Mayor Jones announced bid openings on the following engineering projects: 1. Airport ditch access ramp project. This is a 7th year Community Development Project and provides for the construction of two reinforced concrete access ramps into the concrete lined portion of the Airport drainage ditch at Greenwood Park and near the Los Encinos Subdivision. The ramps would allow heavy cleaning equipment to enter and leave the drainage channel for maintenance purposes. MICROFILMED SEP 191994 Minutes Regular Council Meeting December 23, 1981 Page 2 04f: 4 Mr. James K. Lontos, P.E. , Assistant City Manager, opened bids on this project from the following firms: Isles Construction, Garzels Corporation, DeBer, Inc. , Maverick Construction, Goldston Corporation, E. J. Netek Construction Company, R. S. Black Civil Engineers, Civil Constructors, Inc. and Guerra Construction Company. Mr. Lontos noted that the bid from Guerra Construction Company was irregular in that it did not include a bid security bond. 2. Removal of unused driveways and replacement of hazardous curbs, gutter and sidewalk in the downtown area. A total of 36 blocks in the downtown area are included. Unused driveways will be closed and the right-of-way improved by installing new sidewalks and curb and gutter where necessary. New sidewalks along Shoreline, Belden and Power Streets will be poured to serve the Chamber of Commerce and Tourist Bureau and the new Convention Center. Assistant City Manager Lontos opened bids on this project from Isles Construction, C & C Industrial Builders, Maverick Construction Company, Goldston Corporation, Claude Chapman Construction Company and Civil Construtors. He verified that all bidders had submitted the required bid security check or bond. Mayor Jones expressed appreciation to all of the bidders who had submitted bids and stated that theywill be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. ********** A motion was made by Council Member Gulley that the Council convene in closed session under the authority of Article 6252-17 of V.A.C.S., Open Meeting ' Law, in order to discuss pending litigation; seconded by Council Member Hawkins; and passed unanimously at 2:29 p.m. ********* Mayor Jones reconvened the Regular Council Meeting at 3:42 p.m. and called for the City Manager's Reports: Acting City Manager Ernest Briones presented the following items with related comments and explanations and recommended that: incites _egular Council Meeting December 23, 1981 Page 3 1. 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 low bidder based on the irregular proposal and some past work performance 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, contingencies and related expenses. 2. A contract for $135,278.90 be awarded to Maverick Construction Company for the Swantner & 15th Street Drainage Improvements project. The award includes the alternate bid of $24,377.03 to install the additional one block of 36' diameter storm sewer and inlets on Swantner Street from Ohio to Indiana Streets. This 1977 bond project includes the installation of storm sewer in both 15th Street and Swantner Street from Louisiana Boulevard to Ohio and Indiana Streets. The project was bid in May, 1980 and has since been redesigned to reduce the pipe size and cost. An appropriation from the Storm Sewer Bond Fund of $145,000 is recommended including engineering and related expenses. * 3. An agreement with Bath Electrical System, Inc. be approved for the disposal of toxic waste material at the Corpus Christi International Airport. The cost of this disposal is $13,472. As part of the Terminal expansion. work now in progress, a 300 KVA transformer must be taken out of service and disposed of. The transformer contains 206 gallons of coolant oil contaminated with polychlorinated biphenyls (PCB's) which must be disposed of in accordance with Environmental Protection Agency guidelines . Disposal involves high-temperature burning of the oil and burial of the transformer in an approved hazardous waste landfill. There are two approved landfills in the nation, although an experimental burn ship was put into operation this month. Funds for disposal are available in the Airport. Fund Reserve. Council Member Gulley questioned this item and inquired if there was a guarantee that the material would actually be disposed of. Acting City Manager Briones asked Mr. Lontos to explain the necessity for this disposal contract. Mr. Lontos stated that the Environmental Protection Agency had passed regulations in regard to disposal of this very toxic waste material and the reason for the large cost is because it has to be taken a long distance for disposal. Council Member Gulley stated that he did not see this waste material as being a hazard. Since there was a question about this item, Acting City Manager. Briones agreed to withdraw this item until next week when further information would be available. * Note that this item was withdrawn by Acting City Manager Briones Minutes Regular Council Meeting December 23, 1981 Page 4 4. The following agreements be approved relative to Creekway Subdivision between the City and T and H Development of Corpus Christi. a. An agreement to reimburse the developer $23,807.01 to increase the pavement section to a heavy-duty section in one half of Everhart Road fronting the subdivision. The City would pay for 2" of the 4" of hot -mix asphalt to be placed and for the lime treatment in the subgrade. All other concrete and caliche costs would be the developer's expense. b. An agreement to reimburse the developer $20,515.82 for the oversizing of a 6" water line in Delwood Street and Prairie Drive in the subdivision to a 12" water line complete with valves and hydrants. The City requested the 12" line as part of the water system design policy of providing a 12" grid system every square mile in the system. This assures adequate flows and consistent pressures within the grid.. c. An agreement providing for the developer depositing $16,071.43 with the City as the developer's share of a future bridge which will cross the drainage channel along the east side of the subdivision. The total cost of the structure is estimated to be $60,000 with the owner opposite the drainage way in the future to pay at least $16,071.43 and the City to pay the difference of $27,857.14 at that time. d. An agreement to reimburse the developer $13,352.61 for the cost of one half of the street paving around the dedicated park within the subdivision as is provided for in the platting ordinance. Creekway Subdivision is a 25.27 acre subdivision at the southeast corner of Everhart Road and Cedar Pass Drive. The subdivision was annexed on October, 28, 1981. Appropriations to cover the cost of the Everhart Road paving, park paving and water line oversizing as stated are recommended. Also recommended is the appropriation of $27,857.14 as the City's share of the bridge crossing. 5. A revocable easement be granted to Mr. George Finley, III, authorizing the construction of four concrete 'buttresses in the right-of-way of Rossiter Street east of Ocean Drive by the Jackson's Landing Condominium development. The buttresses have already been constructed to support the masonry wall on the Finley property when street construction in Rossiter Street in connection with the Jackson's Landing project undermined a portion of the wall. The revocable easement is recommended to authorize the construction and to protect the Finley property against future title problems. A fee of $50.00 is recommended for the easement. 6. A public hearing be held January 6, 1982 on the closing of one -foot of a 20 -foot alley at the rear of Lots 33 through 38, Block 810, Port Aransas Cliffs Addition. A building on these lots encroaches less than a foot into the public alley. The building ownership has recently changed hands and extensive remodeling is planned. The encroachment of the building into the alley must be satisfied for the owners to obtain clear title. It is recommended that one foot of the alley be closed leaving a 19 -foot alley to allow the Fire Department access to the rear of the building and for a utility easement. 7. Bids be received January 5, 1982, for twelve months supply agreement for approximately 500 barrels of bulk portland cement for the Street Division for stabilization material for street construction. inutes .egular Council Meeting December 23, 1981 Page 5 8. A 35' truck mounted crane with installation for the Water Division be approved to Commercial Body Corporation, San Antonio, for $20,518 based on low bid. Two bids were received. The crane will be mounted on a truck purchased last year and will replace a 1965 model crane. The crane is used in the removal and replacement of pumps. 9. Twelve months supply agreement for 2649 house and high pressure field service regulators for the Gas Division be approved based on low bid as follows: Rockwell International, Houston, Texas: 2,500 - 1" x 11" regulators @ 11.50 = 100 - 11 " @ 66.00 = 24 - 2"" @ 98.50 - $28,750.00 6,600.00 2,364.00 Subtotal- $37,714.00 Sprague Meter Company, Houston, Texas: 25 - 1" high pressure regulators @45.00 = $ 1,125.00 GRAND TOTAL -- $38,839.00 Four bids were received. Prices have increased approximately 2% since the previous contract of October, 1980. 10. An electronic postage scale be purchased from Pitney -Bowes, Corpus Christi, on the basis of only bid received of $8,682 for use by the South Texas Library System in their Mail -A -Book program and for interlibrary loan parcels and films. The scale is included in the Systems grant. The grant is funded by Federal, and State money. No local money is involved. Eight months contract for book lease service for the South Texas Library System be approved to McNaughton Book Service, Williamsport, Pennsylvania on the basis of ,low bid of $9,867.03. The lease is included in the grant for theSystem. The grant is funded by State and Federal money. No local money is involved. 12. Fees be increased for certified issued by the Health Department: Record: Birth Certificate Amendment to Birth Certificate Death Certificate copies of birth and death records Present Fee: $3.00 each $1.50 each $3.00 each Proposed Fee: $5.00 each $5.00 each $5.00 for 1st copy $2.00 for ' each additional copy These increases were adopted by the Texas Legislature for records issued by the Texas Department of Health after January 1, 1982. The state law requires local health departments to charge these fees for issuing death certificates, and it is recommended that the fees for birth certificates also be the same as charged by the State. Additional revenue from the increase is estimated to be $18,000 annually. The revenue from the increases was included in 1981-82 budget estimates. • 13. Emergency repairs to heavy equipment used at the sanitary landfills be noted: a. A Massey -Ferguson front end loader (unit No. 2009) was repaired by the authorized dealer, Conley -Lott Nichols, at a cost of $10,061.53. The transmission was rebuilt, brakes were repaired, radiator was steam cleaned, and- 1000 hour service was performed. Minutes Regular Council Meeting December 23, 1981 Page 6 b. A Caterpillar bulldozer (unit No. 2052) is being repaired by the Maintenance Services Department, and the necessary parts are being ordered from the authorized dealer, B. D. Holt, at an estimated cost of $6,030.36. The parts include 82 regular track shoes, two master shoes, and related bolts and nuts. 14. Approval be given to extend the current 12 -month contract for employee and dependent group life and health insurance with the Texas Municipal League Uniform Group for six months beginning February 1, 1982. The City was notified that a rate increase of 18.9% in medical premiums would be required for this extension. Funds are budge :ed for fiscal 1981-82 to .cover the additional cost of the increase which is estimated at $181,638 for the six-month contract period. It is further recommended that the staff be authorized to proceed with efforts toward conversion of the present health insurance program to a self-funded insurance program by no later than July 31, 1982. Mayor Jones inquired if this increase was recommended in other cities, and Acting City Manager Briones replied that they have requested a substantial increase of over 18%; the Staff would like to study this during the next six months; and he understood that this is the way it is being handled in other cities. 15. A grant application for $40,602.00 be made to the Criminal Justice Division for a Crime Stoppers Assistance Grant to begin January 1, 1982 and end December 31, 1982. The grant is to be funded 100% by Criminal Justice" Division money. The purpose of this grant is to provide funds to pay investigators on an overtime basis to follow-up investigative leads provided by the currently operating Crime Stoppers Program, plus the purchase of $5,365.00 worth of video equipment to assist in the reenactment of unsolved major crimes for the purpose of airing the dramatizations on cooperating local television stations. 16. Bids be received January 19, 1982, for twelve months supply agreement for Trash and Garbage Container Services for the Park, Marina, Senior Community Services and Transit Divisions. Locations for container service include the boat ramps at the Kennedy Causeway, the Lawrence Street T -Head, the central kitchen at the Washington Senior Citizens Center, and the Transit Yard. 17. Bids be received January 19, 1981 for twelve months supply agreement for approximately 7,535 gallons of solvent, 9,810 gallons of motor oil, 5,000 gallons of hydraulic oils, 1,010 gallons of automatic transmission fluid, 3,025 gallons of torque fluid, 9,640 pounds of chassis grease and 2,500 gallons of anti -freeze. 18. An alternate industrial district agreement be approved with Goldston Corporation. The company has submitted signed copies of the alternate agreement without a minimum payments provision and has asked that it be substituted for the original agreement. 19. A public hearing be held on January 6, 1982 on the contractual annexation of a 45.17 acre tract out of the F. J. Smith 225 acre tract north of FM 624 and east of State Highway 77. inutes egular Council Meeting December 23, 1981 Page 7 20. Twelve months supply agreement for coated and wrapped steel pipe used by the Gas Division to extend the basic transmission system to include Buckingham Estates, Crestmont VI, Brighton Village and the Industrial Technology Park be approved on the basis of low bid to: L. B. Foster Company Houston, Texas Item 1 - 10.75" .219 wall steel pipe 8,000' @ 8.40 - $67,200.00 1A - 10.75" .250 wall steel pipe 8,000' @ 9.40 - $75,200.00 Subtotal: $142,400.00 Alloys of Texas Corpus Christi, Texas Item 2 - 16" .250 wall steel pipe 6,000' @ 11.07 Subtotal: Estimated Total: $77,220.00 $219,620.00 Acting ' City Manager Briones pointed out to the Council that he has changed his recommendation on this item to award the bid to the low bidder, Alloys of Texas, since they have had an opportunity to check on the welding characteristics of the pipe bid by that company and find that there will be no problem. 21. Emergency repairs be "noted to a bulldozer (unit 593) used at the sanitary landfills at an estimated cost of $11,250 by the authorized dealer, B. D. Holt Company. The work includes repair of both final drives, equalizer bar, parking brake linkage, engine enclosure, air cleaner housing, and electrical system, replacement of trunnion balls, and 1000 hour service. 22. Notice be given to the Texas Industrial Commission and published two times. in the Caller -Times for a public hearing to be held on January 13, 1981' at 4:00 p.m., in the Council Chambers to consider designating certain areas within the City as eligible blighted areas for the purposes of the Development Corporation Act of 1979, as amended. Mr. Tom Utter, Assistant City Manager, explained to the Council that maps have been prepared showing various areas to be considered during the public hearing. He pointed out the area known as the Central Improvement District, which is now the district considered for the designated area in accordance with the Development Corporation Act of 1979, (2) is to add to this area the breakwater area, (3) includes Census Tract 3 on Padre Island Drive in Flour Bluff to be added to the Central Improvement District and (4) to add Western Airport Development Area, which is an underdeveloped area. Council Member Gulley inquired if this last one could be classified as a distress area. Minutes Regular Council Meeting December 23, 1981 Page 8 Mr. Utter explained that the Tax Incremental District would be the Central District District. He also stated that these areas described above are the only ones that the Staff could recommend for approval. Mayor Jones called for comments from the audience on the City Manager's Reports, and there was no response. A motion was made by Mayor Pro Tem Turner that the City Manager's Reports, items 1 through 22, with the exception of item 3 which had been withdrawn, be approved; seconded by Council Member Hawkins; and passed unanimously. Mayor Jones annotmced two public hearings on contractual annexation as follows: 1. Contractual annexation of a 184.55 acre tract platted as Padre Island -Corpus Christi Island Fairway Estates, Block 27A (Padre Island Country Club). Acting City Manager Briones informed the Council that there are actually two pieces of property 'on Padre Island but they should be considered separately. He explained that the property of Padre Island Country Club was requested for . annexation by the owners, and even though there is no opposition to this annexation, there is a requirement for a public hearing. Assistant City Manager Utter located the Country Club area proposed for annexation on a map as well as another area proposed for contractual annexation. Mayor Jones determined that no one in the audience wished to speak on this annexation. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Hawkins, and passed unanimously. A motion was made by Mayor Pro Tem Turner that the annexation be approved, seconded by Council Member Hawkins and passed unanimously. 2. Contractual annexation of a 5.94 acre portion of Block 27B, Padre Island -Corpus Christi Island Fairway Estates. Mr. Utter gave a brief explanation of this proposed contractual annexation which was also at the request of the property owner. nutes _.egular Council Meeting December 23, 1981 Page 9 ' No one spoke in regard to this annexation. - - A motion was made by Council Member Zarsky that the hearing be closed, seconded by Council Member Hawkins, and passed unanimously. A motion was made by Council Member Zarsky to approve this annexation, seconded by Council Member Hawkins, and passed unanimously. ,********** Mayor Jones announced the public hearings on three zoning applications. 1 Mayor Jones then excused himself from the Council Table and asked Mayor Pro Tem Turner to preside at this time. Acting City Manager Briones announced the public hearing on Application No. 1181-5, Mr. Calvin Self, for a change of zoning from "R -1B' One -family Dwelling District to "I-2" Light Industrial District on a 1.17 acre tract of land out of the northwest part of Lot 15, Section` 55, Flour Bluff and Encinal Farm and Garden Tracts located on, the south side of Graham Road between Waldron and Humble Road. Mr. Briones stated that in response to the notices of the public hearing, three in opposition and none in favor had been returned and that the Planning Commission and Planning Staff both recommend denial. Chief Planner Larry Wenger informed the Council that passage of the ordinance to approve this zoning would require five votes of the Council since the Planning Commission recommends denial. He then located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that the owner plans to install a contractor's storage yard at this location. Mayor Pro Tem Turner called on the applicant or his representative to speak at this time. Mr. Richard Hatch, attorney representing Mr. Self, explained that this is zoned "R -1B" but it was just automatically zoned that way at the time it was annexed. He pointed out that there is very little residential development in this area and located a few sparsely developed lots in the area. Mr. Hatch also pointed out that this area is surrounded by "B-1" or ,"I-3" zoning and expressed the opinion that this land should not be developed for residential use. Minutes Regular Council Meeting December 23, 1981 Page 10 Mr. Hatch continued by pointing out that the Council had approved a site nearby as a helioport for the use of Exxon Corporation, which would make this even less desirable for residential development. He stated that the applicant plans to operate an electrical business from this location with some outside storage and a warehouse. He noted that because of the proximity of the Exxon plant, this land would be undesirable for residential development. Mr. Jim Graves who resides on Up River Road but owns land in the area of the zoning request, informed the Council that he had attempted to obtain a building permit in the area some time ago and could not obtain one because no water is available. He stated that he was in opposition to this change of zoning because he plans to build a house on the property he owns across from the subject land. Mayor Jones asked Mr. Self about plans for water, and Mr. Self stated that he did not plan to install water in the storage plant. He pointed out, however, that water is availble from another lot on this acreage. Also speaking in opposition to the zoning request was Mrs. Joseph Pennington, 331 Graham Road. Mrs. Pennington stated that she had lived in the area for 40 years and she would like 'for the area to remain residential. Council Member Zarsky inquired if anything is located on the nearby property which is zoned "I-3". Mr. Hatch replied that there is no permanent structure now, but Exxon has open storage there. He stated that he did not think that the rezoning would affect Mrs Pennington's property. Mayor Pro Tem Turner suggested the possibility of a special permit. Mrs. Pennington stated that she did not object to that as much as the change of zoning to "I-2", and Mr. Hatch indicated that his client would agree to a special permit. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Gulley and passed unanimously. , A motion was made by Mayor Pro Tem Turner that the zoning of "I-2" be denied but in lieu thereof, a special permit be granted subject to the submission of an appropriate site plan;' seconded by Council Member Zarsky; and passed unanimously. linutes Regular Council Meeting December 23, 1981 Page 11 Acting City Manager Briones announced the public hearing on Application No. 1181-6, Gulf Oil Company, for a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lots 10 and 12, Block 79, Brooklyn Addition, located on the southeast corner of Treasure Avenue and Causeway Boulevard. Acting City Manager Briones informed the Council that in response to the notices of the public hearing, one in favor and none in opposition had been returned, and that the Planning Commission and the Planning Staff both recommend approval. There were no comments from the audience on this zoning application. Motion by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. Motion by Council Member Dumphy that the zoning of "B-4" be approved for Application No. 1186-6; seconded by Mayor Pro Tem Turner; and passed unaimously. Acting City Manager Briones announced the public hearing on Application No. 1181-7, Gulf Oil Company, for a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Block C, Kostoryz and Gollihar Center, located on the northeast corner of Gollihar and •Kostoryz Roads. Acting City Manager Briones stated that both the Planning Commission and Planning Staff recommend approval and that there was no response to the notices of the public hearing. No one spoke in regard to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Hawkins, and passed unanimously. A motion was made by Council Member Dumphy that the zoning of "B-4" be approved for Application No. 1181-7; seconded by Mayor Pro Tem Turner; and passed unanimously. ********** Mayor Jones called for the ordinances. Acting City Manager Briones briefly explained the ordinances on the agenda. Minutes Regular Council Meeting December 23, 1981 Page 12 There were no comments from the audience on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were approved: SECOND 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. (First Reading - 12/16/81) The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye", Kennedy, absent. SECOND 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", NAD MADE A PART HEREOF. (First Reading - 12/16/81) The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent. THIRD READING - ORDINANCE NO.16772: 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 SAVINGS CLAUSE. (First Reading - 12/9/81; Second Reading - 12/16/81). The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent. THIRD READING - ORDINANCE NO. 16771: 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, Second Reading 12/16/81) The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Zarsky voting, "Aye", Kennedy, absent. linutes tegular Council Meeting December 23, 1981 Page 13 ORDINANCE NO. 16773: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND PADRE ISLAND INVESTMENT CORPORATION AND CANDYSTICK CORPORATION, A JOINT VENTURE, A TRUE COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AFTER THE NOTICE AND HEARING, FOR THE ANNEXATION OF A 5.94 ACRE TRACT OF LAND, MORE OR LESS, OUT OF BLOCK 27B OF PADRE ISLAND -CORPUS CHRISTI ISLAND FAIRWAY ESTATES AS SHOWN ON MAP OF RECORD IN- VOLUME 46, PAGES 208, 209, AND 210, NUECES COUNTY MAP RECORDS, NUECES COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED HEREINAFTER BY METES AND BOUNDS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter . Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent. ORDINANCE NO.16774: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND PADRE ISLAND INVESTMENT CORPORATION, A TRUE COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER THE NOTICE AND HEARING, FOR THE ANNEXATION OF A 184.55 ACRE TRACT OF LAND, MORE OR LESS, DESCRIBED AS PADRE ISLAND - CORPUS CHRISTI ISLAND FAIRWAY ESTATES, BLOCK 27A, A SUBDIVISION ADJACENT TO THE CITY OF CORPUS CHRISTI, AS SHOWN BY MAP OR PLAT THEREOF RECORDED IN VOLUME 46, PAGES 208 THROUGH 210, MAP RECORDS, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Zarsky voting, "Aye", Kennedy, absent. ORDINANCE NO. 16775: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH IMPERIAL MILL AND FIXTURES, INC., CORPUS CHRISTI, FOR THE CONSTRUCTION OF A GENERAL STORE EXHIBIT AT THE CORPUS CHRISTI MUSEUM; APPROPRIATING $23,750 FROM THE MUSEUM BOND FUND TO PROVIDE FUNDS FOR THE CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Zarsky voting, "Aye", Kennedy, absent. ORDINANCE NO. 16776: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MAVERICK CONSTRUCTION COMPANY FOR INSTALLATION OF THE SWANTNER AND FIFTEENTH STREET DRAINAGE SYSTEM; APPROPRIATING $145,000 OUT OF THE NO. 295 STORM SEWER BOND FUND OF WHICH $133,278.90 IS FOR THE CONSTRUCTION CONTRACT AND $9,721.10 IS FOR ADDITIONAL ENGINEERING, LEGAL ADVERTISING, CONTINGENCIES, AND RELATED EXPENSES APPLICABLE TO PROJECT NO. 295-77-11, SWANTNER AND FIFTEENTH STREETS EXTENSION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent. Minutes Regular Council Meeting December 23, 1981 Page 14 ORDINANCE NO. 16777: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SPRINKLER KING OF TEXAS, INC., FOR INSTALLATION OF A SPRINKLER SYSTEM AT OSO GOLF COURSE; APPROPRIATING $60,000 OUT OF THE WASTEWATER FUND AS A LOAN TO FUND 107, PARADE PLACE DEVELOPMENT FUND; APPROPRIATING $230,000 OUT OF THE NO. 107 PARADE PLACE DEVELOPMENT FUND OF WHICH $210,780 IS FOR THE CONTRACT AWARD, AND $19,220 IS FOR ADDITIONAL ENGINEERING, LEGAL ADVERTISING, CONTINGENCIES, AND RELATED EXPENSES APPLICABLE TO PROJECT NO. 107-80-2, OSO GOLF COURSE SPRINKLER SYSTEM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Zarsky voting, "Aye", Kennedy, absent. ORDINANCE NO. 16778: AMENDING ORDINANCE NO. 16157 WHICH AUTHORIZED AN INDUSTRIAL DISTRICT AGREEMENT WITH GOLDSTON CORPORATION, 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 and Zarsky voting, "Aye"; Kennedy, absent. ORDINANCE NO. 16780: AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT WHICH AUTHORIZES THE CONSTRUCTION OF FOUR CONCRETE BUTTRESSES WITHIN THE ROSSITER STREET RIGHT-OF-WAY ALONG THE SOUTH RIGHT-OF-WAY LINE OF LOT 3, BLOCK 3A, ALTA VISTA ON THE BAY SUBDIVISION, SAID PROPERTY BEING OWNED BY GEORGE FINLEY, III; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Zarsky voting, "Aye"; Kennedy, absent. ORDINANCE NO. 16781: AUTHORIZING THE CITY MANAGER TO EXECUTE A SIX MONTH CONTRACT WITH THE TEXAS MUNICIPAL LEAGUE UNIFORM GROUP FOR THE CITY GROUP LIFE AND HEALTH INSURANCE PROGRAM BEGINNING FEBRUARY 1, 1982; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Zarsky voting, "Aye", Kenned, absent. ORDINANCE NO. 16782: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH T&H DEVELOPMENT OF CORPUS CHRISTI, DEVELOPER OF CREEKWAY SUBDIVISION, A COPY OF WHICH IS ATTACHED HERETO, AND MADE A PART HEREOF, MARKED EXHIBIT "A", WHICH PROVIDES FOR JOINT FUNDING OF THE CREEKWAY BRIDGE" WHICH WILL CROSS THE 130 FOOT DRAINAGE RIGHT-OF-WAY AND DITCH ALONG THE EASTERN BOUNDARY OF THE CREEKWAY SUBDIVISION, AS MORE FULLY DESCRIBED IN EXHIBIT "A" WHICH ALSO PROVIDES FOR- THE DEVELOPER TO DEPOSIT $16,071.43 INTO THE "CREEKWAY SUBDIVISION BRIDGE PROJECT"; APPROPRIATING $27,857.14 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S SHARE OF BRIDGE CONSTRUCTION APPLICABLE TO PROJECT NO. 220-77-57, CREEKWAY SUBDIVISION BRIDGE; AND DECLARING AN EMERGENCY. [inutes degular Council Meeting December 23, 1981 Page 15 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Zarsky voting, "Aye", Kennedy, absent. ORDINANCE NO. 16783: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH T&H DEVELOPMENT OF CORPUS CHRISTI, DEVELOPERS OF CREEKWAY SUBDIVISION, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", PROVIDING FOR THE CITY TO REIMBURSE THE DEVELOPER FOR PARTIAL COST OF INSTALLATION OF A 12 INCH ASBESTOS CEMENT WATERLINE ALONG DELWOOD STREET AND PRAIRIE DRIVE IN THE CREEKWAY SUBDIVISION; APPROPRIATING $20,515.82 OUT OF THE NO. 141 WATER FUND, DEPARTMENT 361, ACTIVITY 541.61, CODE 248; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Zarsky voting, "Aye"; Kennedy, absent. ORDINANCE NO. 16784: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH T&H DEVELOPMENT OF CORPUS CHRISTI, DEVELOPER OF CREEKWAY SUBDIVISION, WHICH PROVIDES FOR THE CITY OF CORPUS CHRISTI TO REIMBURSE THE DEVELOPER FOR THE CITY'S SHARE OF ADDITIONAL PAVEMENT SECTION ON EVERHART ROAD FROM CEDAR PASS DRIVE TO 880 FEET SOUTH, WHICH IS REQUIRED DUE TO HEAVY TRAFFIC FLOW, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $23,807.01 OUT OF THE NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NO. 220-77-56, EVERHART ROAD ADJACENT TO CREEKWAY SUBDIVISION, ADDITIONAL PAVEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent. ORDINANCE NO. 16785: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH T&H DEVELOPMENT OF CORPUS CHRISTI, DEVELOPER OF CREEKWAY SUBDIVISION, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", PROVIDING FOR THE CITY TO REIMBURSE THE DEVELOPER FOR ONE-HALF THE COSTS OF STREET IMPROVEMENTS AROUND THE DEDICATED PARK IN CREEKWAY SUBDIVISION WHICH IS BOUNDED BY PRARIE DRIVE, ALL IN ACCORDANCE WITH THE CITY'S PLATTING ORDINANCE; APPROPRIATING $13,352.61 OUT OF THE NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NO. 220-77-55, CREEKWAY SUBDIVISION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, absent. ORDINANCE NO. 16786: AMENDING SECTION 23-42 OF THE CODE OF ORDINANCES, 1976, AS AMENDED, TO INCREASE FEES EFFECTIVE JANUARY 1, 1982, FOR ISSUING CERTIFIED COPIES OF BIRTH AND DEATH RECORDS; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Zarsky voting, "Aye", Kennedy, absent. Minutes Regular Council Meeting December 23, 1981 Page 16 ORDINANCE NO. 16787: AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION FOR ASSISTANCE IN A CRIME STOPPERS PROGRAM FOR THE PERIOD OF JANUARY 1, THROUGH DECEMBER 31, 1982 FOR $40,602 AND AUTHORIZING EXECUTION OF ALL DOCUMENTS NECESSARY TO RECEIVE THE GRANT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, absent. ORDINANCE NO. 16788: 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 GULF OIL COMPANY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 10 AND 12, BLOCK 79, BROOKLYN ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B1" NEIGHBORHOOD BUSINESS DISTRICT TO "B4" GENERAL BUSINESS DISTRICT KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.' The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, absent. ORDINANCE NO. 16789: 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 GULF OIL COMPANY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE NORTHEAST CORNER OF GOLLIHAR ROAD AND KOSTORYZ ROAD, BLOCK C, KOSTORYZ AND GOLLIHAR CENTER, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTINGORDINANCE 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, and Zarsky voting, "Aye"; Kennedy, absent. ********** Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Donald Lemon, 4509 Sea Gull, expressed the opinion that the shrimp boats should be moved to the Peoples Street T -Head because those that are operating and selling shrimp on the L -Head are in competition with his enterpirse. He contended that the shrimpers are selling shrimp that are several days old which is in violation of the City ordinance. He reminded the Council that he has a lease to sell bait and pays a percentage of his sales to City. He again urged that the shrimp boats be removed to the T -Heads. linutes Regular Council Meeting December 23, 1981 Page 17 Council Member Hawkins agreed that it does not seem fair for Mr. Lemon to pay a fee to the City whereas the shrimp boat owners do not. Assistant City Manager Utter explained that the ordinance pertaining to the sale of food shrimp was designed to be sure that the shrimp boats met the health requirements. He noted that for years, it had been very difficult to prohibit shrimpers from selling from their boats and the ordinance was passed to make this legal and control the conditions under which the shrimp is sold. He explained that the bait stand is a City -owned building that is leased to an individual for a fee but the shrimp boat owners pay a fee for the rental of the slips. Acting City Manager Briones reminded the Council that the question of moving the shrimp boats has been discussed and is under the consideration by the Council. He informed them that he will have a report ready next week on this. Mr. John Stensland, Chairman of the Marina Advisory Board, stated that the recommendation made by the Marina Board was for sale of "current days' catch" and stated that if possible, this should be controlled. s Mayor Jones inquired of Mr. Lemon if he had gross sales figures to show how much he has been damaged by the sale of shrimp from the boats. Mr. Lemon replied that he did not have such figures but pointed out that he pays 27% of his gross profit to the City. Mayor Jones suggested that this be a Workshop discussion item and Mr. Briones suggested that it be discussed at the same time as the feasibility of moving the shrimp boats to the T -Head is discussed. He stated that he will attempt to have this on the agenda in two weeks. Mr. Ernest Bohannon addressed the Council and referred to his previous request for the Council to attempt to obtain AMTRAK train service for the City of Corpus Christi. Mayor Jones informed Mr. Bohannon that AMTRAK is eliminating some of their routes and it is not very likely that they would even consider establishing a route here. Mr. Dean Banks addressed the Council in regard to Corpus Christi Beach. He referred to the discussion during the Workshop meeting and presented to the Council a proposal for a two-stage plan for developing the beach. He referred to the Master Plan which requires parking plans for the beach and Minutes Regular Council Meeting December 23, 1981 Page 18 alleged that the Staff misled the Council because they did not provide the proper information. He expressed the opinion that the parking location should be in the center of the beach and pointed out that this is a public beach and should be retained as such. He stated that the beach would be used if the improvements were installed and expressed the opinion that the Staff is responding to the demands of the private developers when they recommend the installation of parking lots at the end of the beach. He alleged that agreements have been signed by City Staff members with major property owners. On another matter, Mayor Pro Tem Turner suggested that a resolution be considered to attempt to keep children out of bars or places of businesses that sell alcoholic beverages referring, in particular, to the unfortunate incident at the time a small child was killed in a bar. Mr. Utter explained that there are state laws that do prohibit this type of situation. 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 5:15 p.m., December 23, 1981. ti