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HomeMy WebLinkAboutMinutes City Council - 01/05/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 5, 1983 2:00 P.M. Present Mayor Luther Jones *Mayor Pro Tem Betty Turner Council Members Jack K. Dumphy Bob Gulley Dr. Charles Kennedy **Cliff Zarsky City Manager Edward Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Absent Council Member Herbert Hawkins, Jr. Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Mr. Obie Etheridge, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Jack Dumphy. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Council Member Charles Kennedy that the minutes of the Regular Council Meeting of December 22, 1982 be approved as presented; seconded by Council Member Jack Dumphy; and passed unanimously by those present and voting. Mayor Jones called for Board and Committee appointments and reviewed the appointments discussed during the morning workshop meeting. A motion was made by Council Member Bob Gulley that the following appointments to the Electrical Advisory Board be approved, seconded by Council Member Dumphy and passed unanimously: ELECTRICAL ADVISORY BOARD: Armando Martinez (Master Electrician) Charles Eaton (Journeyman Electrician) Zonia Garcia (Citizen -at -large) Ted Stephens (Citizen -at -large) Gene Tackett (home builder) Jerry Mathieu (electrical engineer) TERM TO EXPIRE: 12/31/84 12/31/84 12/31/84 12/31/84 12/31/84 12/31/84 NZP Minutes Regular Council Meeting January 5, 1983 Page 2 A motion was made by Council Member Gulley that the following appointments to the Mechanical Advisory Board be approved, seconded by Council Member Dumphy and passed unanimously: MECHANICAL ADVISORY BOARD: TERM TO EXPIRE: Hoyte Gentry (Master Plumber) Joe Owmby (not connec. with building ind) Clarence Neal (air conditioning) James W. Barnette (commercial builder) *0*o*0*0*0*0*0* 1/02/85 1/02/85 1/02/85 1/02/85 Mayor Jones explained that the City Council had met with the County Commissioners Court to discuss appointments to the Port of Corpus Christi and stated that they had agreed to convene in closed session next Wednesday at 11:00 a.m. with the Regular Council Meeting to begin at 2:30 p.m. Mayor Jones then questioned the staff as to whether or not bid openings were scheduled for that date. City Manager Ed Martin explained that if bids are received on that date, the City staff could open the bids at the scheduled time of 2:00 p.m. *o*0*o*0*0*0*0* Mayor Jones called for consideration of an item from the workshop meeting pertaining to IRB financing. City Manager Martin explained that the staff had been approached about the possibility of the City's issuing tax exempt bonds for the development of a mobile home park. He pointed out that this is not an issue that has come before this Council. *Mayor Pro Tem Betty Turner and Council Member Cliff Zarsky arrived at the meeting at 2:20 p.m. Mr. Martin continued by requesting that the Council consider the issuance of IRB's for a mobile home subdivision development. Council Member Gulley stated that he will abstain from discussion of this item because of a possible conflict of interest. He then departed the Council Chamber. Mayor Jones commented that IRB's should be allowed since they are in accordance with the law and if the Council feels that 'is type of funding should be discontinued, it should be Minutes Regular Council Meeting January 5, 1983 Page 3 directed to the governmental level which initiated IRB's. He stated that the Council is well aware that there are inadequate facilities for parking mobile homes; the need is critical in Corpus Christi; and he expressed the opinion that this Council should do something about encouraging this development. Council Member Kennedy commented that if nothing is being done in the private sector to develop mobile home parks, this application would be advisable. He pointed out, however, that the Council recently approved two tracts of land for mobile home parks; Mayor Pro Tem Turner had informed the Council that there's another park is planned; therefore, he did not feel that IRS's should be used for this purpose. Council Member Zarsky pointed out that the interest rate at this time has improved a great deal from that which was in effect a few months ago, and now there is very little difference between the rate on commercial loans and that of IRB's. Council Member Dumphy stated that he was of the opinion that the Council had agreed that they would not consider any more IRB's and reminded the Council that at the time this was originally discussed, they established this financing for parti- cular uses which did not include mobile home parks or subdivisions. He expressed the opinion that the Council should not consider any further financing through IRS's. City Manager Martin stated that he understood that the policy established by the Council, acting as the Housing Financing Corporation, was they would not consider any more bonds for housing for a period of six months at which time the policy would be reviewed. He noted that the Council had limited IRB's under the Corpus Christi Industrial Development Corporation to hotels in the downtown area, but pointed out that he did not think that the Council ever asked that there be no retail or industrial projects funded, and mobile home parks would be in the category of a business. Council Member Dumphy reiterated that the Council should not issue any additional IRB's of any kind. Minutes Regular Council Meeting January 5, 1983 Page 4 A motion was made by Council Member Dumphy that the Council adhere to the policy of not issuing any IRB's at this time on any projects other than hotels in the downtown area; seconded by Council Member Zarsky. Council Member Gulley stated that he opposed IRB's, and that he would support the motion because it would al least limit their use. Mayor Pro Tem Turner stated that she would like to go on record that she does not support the use of IRB's for any purpose. Mayor Jones called for the vote on the motion and it passed as follows: Jones, Dumphy, Gulley, Kennedy and Zarsky voting "aye"; Turner voting "no"; Hawkins "absent." *o*o*o*o*o*o* Mayor Jones referred to the Consent Agenda and called for action of the Council by motion on the following items: 1. Approving the plans and specifications for the Brookhaven/Five Points Area Sanitary Sewer Improvements, Phase II, and authorizing the receipt of bids for this project on February 2, 1983. The project will provide extension of laterals in Hearn Road, Perry Lane, Rushing Boulevard and Emory Drive. 2. The sale and relocation of seven (7) houses in the Bayfront Science Park Area located at 1517 and 1523 N. Chaparral and 410, 412, 4121, 414 and 416 Resaca to the Magnificent Seven, partnership for $6,000 be approved. Mayor Jones inquired about the meaning of the name Magnificent Seven, and Assistant City Manager James K. Lontos explained that this referred to the seven houses in the project. 3. A partial release of conditions in the annexation agreement dated February 24, 1972 between George S. Hawn Interests and the City of Corpus Christi be approved. The release pertains only to Lot 44, Block 1, Country Club Estates Unit No. 31 and relates to conditions which have been met as the result of platting, or will be met in compliance with the City Code. 4. Authorizing an agreement providing for the payment of an amount not to exceed $22,000 to the Port of Corpus Christi Authority in order to participate in the funding of an evaluation of the use of the Port of Corpus Christi by shippers and consignees in the United States and Mexico to be conducted by the firm of Booz -Allen and Hamilton, Inc., for approximately $85,000. The funds are available in the Corpus Christi Industrial Development Corporation account. 5. Authorize bids be received to provide, install, maintain and service an automatic teller machine to dispense cash to authorized customers in the Corpus Christi International Airport Terminal Building. Minutes Regular Council Meeting January 5, 1983 Page 5 Council Member Kennedy expressed the opinion that the with a particular bank referred to in Item 10 should have been let for bids and asked about the details of how this particular one was approved without going through the bidding procedure. City Manager Martin explained that the previous advertising contractor contacted the bank and made arrangements under the provision of advertising services to provide for an automatic teller machine at the Airport. He stated that the staff debated about the proper procedure and the City staff arrived at the decision that they should have a lease agreement with the bank rather than considering it as a part of the advertising contract. He stated that the staff had determined that an additional teller machine could be handled at the Airport; therefore, Item 5 is a recommendation that they go out for bids for the additional facility. He stated that since a commitment had been made by the advertising contractor with the First National Bank of Corpus Christi, the staff felt that that agreement should be honored, but the City will go out for bids on the second one. He explained that the entire staff was aware of this, as well as the Council, and since there was no action taken by the City, in his opinion the lease with this particular bank should be honored. He agreed that in the future they would go out for bids for such facilities. Assistant City Manager Lontos further explained that their indication is that this teller machine would be utilized by their bank customers, but it is possible that it could be programmed for use with American Express, VISA, MasterCharge, etc. Dr. Kennedy expressed the opinion that the number of people who could utilize this bank's facilities would be a very small percentage. Mr. Ben Donnel, representing the First National Bank, stated that at the present time the machine would be only for the First National Bank customers of Corpus Christi. He stated that it is conceivable that it could be programmed with banks that are associated with them but that is not included in their plans at Minutes Regular Council Meeting January 5, 1983 Page 6 this time. He pointed out that the machine to be installed will not generate any revenue, and that is why they felt it was an advertising feature. He assured the Council that the commitment was made in good faith with their interpretation that it is an advertising feature. Council Member Zarsky referred to Ordinance 6, which appropriated $2,800 for replacement of a concrete driveway at 3601 Cypress and inquired about the reason the State Department of Highways and Public Transportation specifications for driveways were used rather than the usual city specifications. Mr. Lontos explained that the State Department of Highways and Public Transportation are using the City's standards now in their specifications but at the time the Carroll Lane Project was constructed, the specifications included State regulations. He further explained that ordinarily the entity that was responsible for the construction would have to repair the damage, but since the project had been accepted by the City, the State Department of Highways and Public Transportation feels that they cannot perform the corrective measures since the City is in charge of maintenance; therefore in this case, the City will be responsible for making the needed repairs. Mayor Pro Tem Turner stated that although she agrees that this must be done for this particular property owner, she inquired if this would not establish a precedent and the owners of other similar type driveways might request the same consideration. Mr. Lontos agreed that this might be possible but stated that the other driveways included in this project were not in the same condition as this particular one and they did not expect any further requests. There were no further comments from the Council or members of the audience on the ordinances; City Secretary Read polled the Council for their votes and the following ordinances were approved: Minutes Regular Council Meeting January 5, 1983 Page 7 6. ORDINANCE NO. 17422: AUTHORIZING PAYMENT TO KING CONSTRUCTION COMPANY FOR REMOVAL AND REPLACEMENT OF A CONCRETE DRIVEWAY LOCATED AT 3601 CYPRESS; APPROPRIATING $2,800.00 FOR THIS CONSTRUCTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting "aye"; Hawkins "absent". 7. ORDINANCE NO. 17423: AUTHORIZING THE EXECUTION OF A CONTRACT WITH GOLDSTON CORPORATION FOR THE ALLISON WASTEWATER TREATMENT PLANT INTERIM IMPROVEMENTS PROJECT; APPROPRIATING $250,000 FOR THIS CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting "aye"; Hawkins "absent". 8. THIRD READING - ORDINANCE NO. 17424: AMENDING THE CODE OF ORDINANCES, SECTION 53-254, SCHEDULE V - INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, WHICH WILL CHANGE THE SPEED LIMIT ON PORTIONS OF McKINZIE ROAD, AYERS STREET, GREENWOOD DRIVE, AND AGNES STREET; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting "aye"; Hawkins "absent". 9. ORDINANCE NO. 17425: AMENDING THE DRAINAGE MASTER PLAN FOR THE AREA SOUTH AND WEST OF THE CITY OF CORPUS CHRISTI, PLATE 29, BY MOVING THE WESTERN BOUNDARY LINE OF AREA J -E-1 APPROXIMATELY 1,200 FEET TO THE EAST AND TAKING DRAINAGE FROM APPROXIMATELY 96 ACRES OF AREA J -E-1, LOCATED ON THE WEST SIDE OF RODD FIELD ROAD AT SARATOGA, DIRECTLY TO THE MARY CARROLL DITCH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting "aye"; Hawkins "absent". 10. FIRST READING: AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE FIRST NATIONAL BANK OF CORPUS CHRISTI FOR INSTALLATION OF AN AUTOMATIC TELLER MACHINE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting "aye"; Hawkins "absent". *0*o*0*0*0*0*0* Mayor Jones then called for consideration of the items on the Regular Agenda. 11. Bids be received January 25, 1983 for compressed natural gas conversion and re -fueling equipment for 50 marked Police patrol sedans. City Manager Martin explained that this item is rather complicated and requires some explanation. He stated that there Minutes Regular Council Meeting January 5, 1983 Page 8 may be a question as to whether the City can save money by using compressed natural gas conversion and refueling equipment. He explained to the Council that several staff members on the productivity management team had worked on this matter for some time. He then introduced the members of the management productivity team as follows: Mr. Bob Heil, Administrative Assistant - Budget Office; Mr. Gene Clopton, Gas Division; Mr. Kenneth Bung, Police Department; Mr. Mike Gordon, Park and Recreation Department; Mr. Jim Riley, Water Division; Mr. E. M. "Red" Issacks, Maintenance Services; Mr. Mel Sanchez, Street Division; and Mr. Frank Henry, Maintenance Services. Mr. Mark Gresham, Budget Director, addressed the Council and explained that this project management team did all of the work in reviewing the operation aspect and planned the operational information. He stated that the vehicles that accumulate the most mileage will be the ones to be considered for this experiment. He explained that this is a dual fuel system with natural gas and gasoline being utilized and explained how it would work. He expressed the opinion that this would be a good trial and in addition to saving fuel, the money for the gas would go to the Gas Division to decrease the gas cost which would in effect represent savings in the departments using the fuel and in the Gas Division. He stated that they anticipate that 57 miles could be driven on 6.4 gallons of natural gas and that the tanks will be installed in the trunks of the vehicles. He stated that the entire cost for conversion would be approximately $215,000 and the staff feels that the investment could be returned in about 11 years. Mayor Pro Tem Turner inquired if any other cities are using this fuel, and Mr. Gresham stated that San Antonio uses propane gas and a number of other cities are using compressed natural gas to effect a very large savings to these cities. Mr. Martin pointed out that the City needs cooperation, support and complete understanding by the employees who will use *he new type of fuel. Minutes Regular Council Meeting January 5, 1983 Page 9 Council Member Dumphy suggested that if this is successful and there are convenient areas in the City where the gas could be dispensed, it might be possible for the City to provide gas for other large companies, such as Central Power & Light and Southwestern Bell. Council Member Gulley mentioned the safety factors, and Mr. Gresham assured the Council that they will be safe because the compressed natural gas device will be attached in the trunk and a shield will be provided. Mr. M. H. Issacks explained that each tank weighs about 120 pounds; the method has been tested thoroughly; and the staff feels that it is quite safe. Chief Bung of the Police Department stated that a similar type fuel system had been installed in the Chief of Police's car and it had been very successful. He also stated that the Police Officers are aware of this fuel conversion and they are very enthusiastic about the use. Mr. Gresham elaborated on the savings and stated that they anticipate that within 12 months the savings would represent $90,000 to $100,000. Mr. Martin also pointed out another feature in that this type of fuel is a lot cleaner and will save maintenance on the vehicles in which it is used. Mayor Jones complimented the team effort by the management group which included employees from several departments. 12. Agreements be executed with the following non-profit organi- zations for various Arts projects and programs as recommended by the Municipal Arts Commission: a. Corpus Christi Ballet Theatre for $1,400 to host the Southwestern Regional Association's "Dance Festival" (April 21-24, 1983); b. Corpus Christi Chamber Music Society, Inc. for $750 to provide three Chamber music concerts by the Cleveland Quartet (December 12, 1982), the Chestnut Brass Company (January 12, 1983), and the Julliard String Quartet (April 26, 1983); c. Corpus Christi Chorale for $1,000 to provide for contractual services for union musicians for the Chorale season ending May 31, 1983; d. Corpus Christi Concert Ballet for $1,200 to produce the Educational Youth Ballet Matinee (March 4, 1983); Minutes Regular Council Meeting January 5, 1983 Page 10 e. Corpus Christi Young Artists' Competition, Inc. for $1,000 to produce the Young Artists' Competition (March 11-13, 1983); and f. Corpus Christi Magazine and Corpus Christi Arts Council for $3,500 to provide a 50 piece archival quality photographic exhibit entitled "Corpus Christi As Seen Through the Lens of Doc McGregor". The total of $8,850 is available as part of the $50,000 budgeted for Arts Support approved in the 1982-83 Tourist and Convention Development Fund Budget. Council Member Gulley noted that the Council is being asked to fund several items which really represent only a particular weekend or one day function or event with the exception of item "f", which would be a permanent exhibit. He stated that he is not in favor of the one time, weekend type of projects because it is almost like special interest funding and he is therefore opposed to all of the funding except for item "f". Council Member Kennedy stated that he feels that this is a small portion of the funds available for the arts program and he was in favor of all of the projects. Mayor Jones agreed that these events will improve the life of this community. Mr. Phillip Cole, representing Corpus Christi Ballet Theater, urged approval of this item and pointed out how money will be spent by those participating in the Corpus Christi Ballet Theater event and how the event will benefit the City of Corpus Christi. Mrs. Nancy Sulig, also representing Corpus Christi Ballet Theater, explained that one performance would be a free matinee for school children and this will expose those students to an educational experience that will be remembered forever. 13. Authorizing the City Manager or his designee to submit an amended budget for the Elderly Nutrition Program to the Coastal Bend Council of Governments and sign all related documents thereto. On October 1, 1982, the Elderly Nutrition Program underwent reductions in the number of meals served and staff support to the program because of cutbacks in federal funds. Recent notification has been received that funds for the program will not be reduced but will remain at the same level as received in the previous grant year. The additional federal funds will be programmed into meals, increasing the number presently being served. Staff support will remain at reduced levels in order that as many additional meals as possible may be provided to the elderly without overextension of the budget. Minutes Regular Council Meeting January 5, 1983 Page 11 A motion was made by Mayor Pro Tem Turner that items 11, 12 and 13 be approved; seconded by Council Member Zarsky; and passed by the following vote: Jones, Turner, Dumphy, Kennedy and Zarsky voting "aye" on all of the items; Gulley voting "aye" on all of the items with the exception of item 12 on which he voted affirmatively only on 12(f); Hawkins "absent". *0*o*0*0*0*0*0* Mayor Jones called for consideration of the ordinances on the Regular Agenda. Council Member Kennedy asked for an explanation of item 14 which was the first reading of an amendment to the park agreement between the City of Corpus Christi and Padre Island Investment Corporation on the northwest end of Lot 1, Block 11, Padre Island -Corpus Christi -Ports of Call. City Manager Martin explained that the City will actually be in possession of the parks on Padre Island following the annexation of that area, but in order to consummate that action, the City must pay the developer for the park improvements and the City is not ready to do that yet. He explained further that the Padre Island Property Owner Association has interim title to the land and they have asked for the City's permission to operate a club house on the park even though the City will eventually own the land. He stated that before they expend money for the construction of a club house, they want some assurance that the City will agree to such an operation in a City park after the City actually acquires the parks. Mr. Ed Prichard, Attorney representing the Padre Island Property Owner's Association, explained that it is not actually a club house; the Association was set up to serve various subdivisions; each owner of the property within the entire subdivision contributes to that Association and in turn that Association takes care of all the jointly owned property and generally oversees the subdivision. He stated that they now have an office on the island in the old hotel building; they are going to have to move from there; therefore they want to build one on a Minutes Regular Council Meeting January 5, 1983 Page 12 corner of one of the parks to be used as an office and meeting room for the members of the Association. He noted that they will use there own money for the construction; therefore, they do not want to build this if they cannot lease the building after the park is owned by the City. Mr. Prichard then displayed a plan showing the location of the proposed building, noting that it is in a very large park. Mr. Utter explained that the total area of the land to be leased is about 20,000 s.f. and the building will be 3,600 s.f. City Manager Martin pointed out that this is an opportunity to improve a neighborhood at very little cost to the City. The other ordinances were considered; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 14. FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT OF PARK AGREEMENT BETWEEN PADRE ISLAND PROPERTY OWNERS' ASSOCIATION AND PADRE ISLAND INVESTMENT ASSOCIATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting "aye"; Hawkins "absent". 15. FIRST READING: AUTHORIZING A LEASE AGREEMENT WITH THE SOUTH-EAST PARK AND RECREATION FOUNDATION, INC., FOR THE REHABILITATION, IMPROVEMENT, LEASING AND OPERATION OF THE SOUTH SEAS COMMUNITY CENTER FOR A PERIOD OF FIVE (5) YEARS WITH AN OPTION TO EXTEND FOR AN ADDITIONAL FIVE (5) YEARS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting "aye"; Hawkins "absent". 16. FIRST READING: AMENDING CHAPTER 2 OF THE CITY CODE TO PROVIDE FOR ADDITIONAL DUTIES OF THE CABLE COMMUNICATIONS COMMISSIONS AND TO OUTLINE THE DUTIES OF ACCESS USER COUNCILS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting "aye"; Hawkins "absent". 17. RESOLUTION NO. 17426: ENDORSING LEGISLATION FOR CONSIDERATION BY THE TEXAS LEGISLATURE TO GIVE CITIES THE POWER TO REGULATE BUSINESSES THAT SELL ALCOHOLIC BEVERAGES AND IN WHICH CERTAIN SEXUALLY -ORIENTED CONDUCT TAKES PLACE; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting January 5, 1983 Page 13 The Charter Rule was suspended and the foregoing resolution passed by the following vote: Jones, Turner, Dumphy, Kennedy and Zarsky voting "aye"; Gulley "abstain", Hawkins "absent". 18. ORDINANCE NO. 17427: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF KRISMER CONTRACTORS, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 56, 57, 58, 59, 60 AND 61, BLOCK 808, PORT ARANSAS CLIFFS, FROM "R-2" MULTIPLE DWELLING DISTRICT AND "R-2" MULTIPLE DWELLING DISTRICT WITH "SP" SPECIAL PERMIT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting "aye"; Hawkins "absent". *o*o*o*o*o*o* A motion was made by Council Member Gulley that the Regular Council Meeting be recessed at 3:40 p.m. in order to convene the Special Council Meeting; seconded by Mayor Pro Tem Turner; and passed unanimously. *o*o*o*o*o*o* The Regular Council Meeting was reconvened at 6:26 p.m. There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Dumphy, and passed unanimously, the Regular Council Meeting was adjourned at 6:27 p.m., January 5, 1983.