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HomeMy WebLinkAboutMinutes City Council - 01/12/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 12, 1983 2:30 p.m. Present Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members Jack K. Dumphy Bob Gulley **Herbert Hawkins Dr. Charles Kennedy *Cliff Zarsky City Manager Edward Martin 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 Reverend John Bryant of New Hope Baptist Church following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Betty 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 announced a presentation to be made by Ms. Jean Herwick, an employee of Exxon. Ms. Herwick related an incident that occurred while she was swimming at Lake Amistad in Del Rio, Texas when she hyperventilated and almost drowned, but was saved by the actions of Mr. Michael Ross and Mr. Michael Hegel who brought her to safety and administered CPR. She presented Certificates of Merit from the American Red Cross to the two gentlemen and stated that they had received congratulatory telegrams from the Governor of Texas, Senator Tower and other dignitaries. Mrs. Katherine Hewett, District Administrative Aide for Congressman Solomon Ortiz, read a message of congratulations from him to Mr. Ross and Mr. Hegel. She then presented each of them a United States Flag which had flown over the Capitol. *Council Member Cliff Zarsky arrived at the meeting at 2:40 p.m. Makme SEP 191984 Minutes Regular Council Meeting January 12, 1983 Page 2 Mayor Jones congratulated Mr. Ross and Mr. Hegel and announced that a class in CPR training will be conducted on Sunday, February 20, 1983 by the American Red Cross. City Manager Ed Martin recognized two citizens, Mr. Doug Straudt and Mr. David O'Rear, for their courageous and commendable actions when they were instrumental in apprehending a burglar who was in the process of burglarizing a home. Commendations were then presented to Mr. O'Rear, who was present for the occasion, for both gentlemen on behalf of the City Council. *0*o*0*0*0*0* Mayor Jones then displayed a photograph of the submarine the City of Corpus Christi which was presented to this City by the members of the crew of that vessel at the time of the commissioning which occurred in Groton, Conneticut on January 8, 1983. City Manager Martin announced that Capt. Funderburk of the Naval Air Station had informed him that February 2 was an acceptable date for a meeting with the Council at the Naval Air Station on the AICUZ Study. **Council Member Herbert Hawkins arrived at the meeting at 2:45 p.m. *0*a*0*0*0*0* Mayor Jones announced board and committee appointments and briefly reviewed the appointments discussed during the morning workshop meeting. A motion was made by Mayor Pro Tem Turner that the following appointments be confirmed, seconded by Council Member Dumphy and passed unanimously: Cable Communications Commission Term to Expire Mrs. Lupe Rangel 7/84 Senior Community Services Advisory Board Mrs. Mattie Martin Mrs. Aldine Burton Mrs. Margaret Barnes Mr. Joseph Tassler Mrs. Katherine Roberts Mrs. Elizabeth Price Mrs. Josephine Dobson Mrs. Flora Pokrus 12/26/84 12/26/84 12/26/84 12/26/84 12/26/84 12/26/84 12/26/84 12/26/84 4inutes Regular Council Meeting January 12, 1983 Page 3 A motion was made by Council Member Kennedy that the minutes of the Regular and Special Council Meetings of January 5, 1983 be approved as presented; seconded by Mayor Pro Tem Turner; and passed unanimously. *0*o*0*0*0*0* Mayor Jones referred to a newspaper article in the Corpus Christi Times concerning the Port commissioner appointments with the very unfortunate headline in regard to Mr. William E. Carl, which indicated that he had "been dumped". Mayor Jones stated that each member of the Council was very distressed when they saw the headline in the paper which was a disservice to a very fine gentlemen who had served this community very well in the capacity of Chairman of the Port Commission for 13 years. He explained that the only reason that a new member was appointed to replace Mr. Carl was because it had been suggested that membership should be rotated. Council Member Gulley added remarks by explaining that Mr. Carl was certainly not dumped and it was unexcusable that the Corpus Christi Caller Times used that terminology about a man who has served this City so well. Council Member Zarsky commented that whoever is editing the newspaper is not doing a very good job, because in a recent article, the Caller Times expressed the opinion that the members of this Commission should be rotated. He, too, pointed out that Mr. Carl had served excellently and well and it was time to give him a rest. Mayor Jones pointed out that frequently headlines are not supported by the article itself and he strongly suspected that Mr. Hal Brown, the reporter who wrote the article, will be very surprised when he sees the headline also. *0*o*0*0*0*0* Mayor Jones referred to the consent agenda and called for action of the Council by motion. Minutes Regular Council Meeting January 12, 1983 Page 4 1. Twelve months supply agreement for 2,649 house and high pressure field service regulators for the Gas Division be approved based on low bids meeting specifications. National Meter Parts, Inc. Lancaster, Ohio 2500 - 14" x 1" Regulators @ 11.25 Rockwell International Houston, Texas 100 - 14" Regulators' @ 66.00 25 - 1" H.P. Regulators @ 32.85 $28,125.00 $ 6,600.00 821.25 Puffer Sweiven Corpus Christi, Texas 24 - 2" Large Cap Regulators @ 77.26 $ 1,843.13 GRAND TOTAL: $37,400.49 Six bid invitations were issued and four bids were received. Prices have decreased approximately 4% since the previous bid of December, 1981.The alternate bid from Sprague Meter on item 1 of $11.15 each and the apparent low bid of $12.75 each from Puffer Sweiven on item 2 were not recommended as they do not meet size requirements of the specifications. Rockwell Int. is recommended on item 2 over Sprague Meter's identical bid to minimize the number of contracts to maintain. 2. Authorizing the acquisition of a parcel of land located at the N.W. corner of Ayers and Third Street from Spohn Hospital for the Spohn Hospital Area Street improvements for $2,000 on the basis of a staff appraisal. 3. Approving a contract for professional psychological services between the City of Corpus Christi and Dr. M. D. Koch. The contract is a requirement of the Police Administration Psychological Assistance Grant for the grant year beginning February 1, 1983 and ending January 31, 1984. The grant application has been previously approved by the City Council. There were no comments from the Council or members of the audience on these items. A motion was made by Mayor Pro Tem Turner that items 1 thru 3 be approved, seconded by Council Member Zarsky and passed unanimously. *0*e*0*0*0*0*0* Mayor Jones called for consideration of the new ordinances and the ordinances from previous meetings. He inquired if the Council Members had any questions on these. Council Member Gulley inquired about Ordinance 6 and the question he had posed during the workshop meeting. Minutes Regular Council Meeting January 12, 1983 Page 5 Mr. Ernest Briones, Deputy City Manager, displayed a map showing the original plan to purchase the land on which the Spanish Kitchen is located for use to make a better connection for Surfside and Timon Boulevard. He noted that because of the success of this business, it was decided to purchase the vacant lot referred to in Ordinance 6, which authorizes institution of condemnation proceedings for parcel 2 for this purpose. In a reference to Ordinance 7, which approves the zoning request of Mr. Jack Ryan, Mr. Tom Utter, Assistant City Manager, explained that this matter had been discussed with the applicant and the City staff now recommends that a 250' strip along the south boundary of Tracts B and C be zoned "R -1C" rather than the 300' strip as mentioned during the public hearing. He stated that this size strip would allow for the street to be double loaded adjacent to the Breckenridge Subdivision. There were no comments from the audience on these ordinances and the following were approved: 4. FIRST READING AUTHORIZING A SUBLEASE AGREEMENT WITH THE SPARKLING CITY ENTERPRISES, INC., FOR THE OPERATION OF THE COCKTAIL LOUNGE 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, Hawkins, Kennedy and Zarsky voting "aye". 5. ORDINANCE NO. 17430 AUTHORIZING AN AGREEMENT WITH CMT HOMES, INC., FOR CITY PARTICIPATION IN THE CONSTRUCTION OF RIVER CREST ROAD AND IIILL CREST DRIVE WHICH BOUND THE DEDICATED PARK IN CRESTMONT UNIT 6 SUBDIVISION; APPROPRIATING $23,347.38 FOR THE CONSTRUCTION; 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". 6. ORDINANCE NO. 17431 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCEL OF LAND FOR THE SURFSIDE TO TIMON BOULEVARDS STREET CONNECTION AND TO ACQUIRE SAID PARCEL FROM THE OWNER, C.C. REAL ESTATE COMPANY, INC.; 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 January 12, 1983 Page 6 7. ORDINANCE NO. 17432 AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 A NEW SUBSECTION, 31-5.46 SETTING FORTH ZONING CLASSIFICATION ON SAID AREA OF LAND DESCRIBED AS A PORTION OF LOTS 2 AND 5, SECTION 11, BOHEMIAN COLONY LANDS; 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". 8. SECOND 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 second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". 9. SECOND READING AMENDING CHAPTER 2 OF THE CITY CODE TO PROVIDE FOR ADDITIONAL DUTIES OF THE CABLE COMMUNICATIONS COMMISSION AND TO OUTLINE THE DUTIES OF ACCESS USER COUNCILS. 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". 10. SECOND 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 second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". 11. SECOND 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 second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". 12. ORDINANCE NO. 17433 AUTHORIZING A FIVE-YEAR LEASE AGREEMENT WITH RUBEN V. LARA FOR CONCESSION RIGHTS FOR THE L -HEAD BAIT STAND. 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". Minutes Regular Council Meeting January 12, 1983 Page 7 *o*o*o*o*o*o* Mayor Jones referred to the Regular Agenda and called for consideration of actions by motion on the following items: 13. Plans and specifications be approved for the Alameda-Woodlawn Estates Street Improvement project and bids be received February 9, 1983. This project includes improvements to Eldon Drive from Gaines Street to Alameda Street; Walton Place and Delano Drive from Eldon Drive to Robert Drive; and Woodlawn and Daly Streets from Padre Island Drive to Williams Drive. New water lines will be constructed on all streets except Woodlawn. This project is included in the 1982 Bond Program, Neighborhood Street Projects. 14. Approving the plans and specifications for Glenmore Street Improvements from Ocean Drive to Kentner Street and authorizing the receipt of bids on February 9, 1983. This is a Neighborhood Street project approved in the 1982 bond election qualified by a petition from property owners. 15. The contract with Beeville Roofing Company for repair of roof damage caused by Hurricane Allen at the Art Museum of South Texas be declared void and that $4,482.30 in unpaid funds be permanently retained by the City to repair minor roof leaks which the contractor has refused to address. No sureties are involved as the contract was for $20,820 and below the $25,000 limitation for requiring payment and performance bonds. Procedure is in accordance with Section B-7-13 (d) and (g) of the contract documents. *16. Establishing the Corpus Christi SMSA as the Service Delivery Area for the Job Training Partnership Act and authorizing submission of an application therefore to the Governor. Mayor Jones asked about the status of the establishment of the service delivery area. Deputy City Manager Briones stated that he had discussed this with Judge Edmondson of San Patricio County in Mr. Juan Bosquez' office who informed him that he would have a meeting of the Commissioner's Court on Monday to consider becoming a part of this. He stated that he had since talked with the San Patricio County Clerk who had informed him that a resolution had been prepared to the effect that they preferred to join another CETA group. He also explained that Judge Bob Barnes concurs that Nueces County should be a part of the Corpus Christi SMSA but it would have to be considered by the entire Commissioner's Court at their next meeting. He stated that the City staff will recommend that a Nueces County wide program be established for the Corpus Christi SMSA. He suggested an amendment to item 16 as follows: "Establishing the City of Corpus Christi SMSA and the balance of Nueces County as the Service Delivery Area, etc." *Amended - see last paragraph of page 7 Minutes Regular Council Meeting January 12, 1983 Page 8 A motion was made by Council Member Gulley that item 16 be amended as recommended by Mr. Briones; seconded by Council Member Dumphy; and passed unanimously. There were no comments from the audience on the foregoing items. A motion was made by Mayor Pro Tem Turner that items 13, 14, 15 and 16 be approved, with item 16 having been amended; seconded by Council Member Dumphy; and passed unanimously. *0*o*0*0*0*0* Mayor Jones called for action by ordinance. Mr. James K. Lontos, Assistant City Manager, brought the Council up to date on the proposed ordinance to execute an agreement with Bryan Tucker and Tucker Properties for the City's share of sanitary sewer costs pertaining to Crestmont Subdivision Unit 6 and 7. He reminded the Council that about 6 months ago, Tucker Properties requested an amendment to the Master Plan in order to allow them to tie on to the sanitary sewer system; the City proposed that a lift station be located south, which would serve their area; the developers requested that the lift station be located adjacent to their subdivision; the City recommended that if the developers would contribute to the construction of the lift station and gravity line, the City would use their funds and add to it City funds to construct the lift station and gravity lines necessary to serve this subdivision and other areas. City Manager Martin pointed out that this will be a permanent solution with the City participating in the cost jointly with the developer for this sanitary sewer project. Mayor Jones inquired about the cost to operate a lift station, and Mr. Lontos replied that a small lift station costs about $6,000 per year to operate. There were no comments from the audience on this ordinance; City Secretary Read polled the Council for their votes; and the following ordinance was approved: Minutes Regular Council Meeting January 12, 1983 Page 9 17. ORDINANCE NO. 17434 AUTHORIZING AN AGREEMENT WITH BRYAN TUCKER, FOR CITY PARTICIPATION IN THE CONSTRUCTION OF A 15 INCH DIAMETER GRAVITY SEWER TRUNK LINE, PERMANENT LIFT STATION AND FORCE MAIN IN CONNECTION WITH THE DEVELOPMENT OF CRESTMONT UNIT 6 AND 7 SUBDIVISION; APPROPRIATING $66,906 FOR THE CONSTRUCTION; 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". *o*o*o*p*o*o* Mayor Jones announced the public hearing on the following item: 18. Closing a 20 -foot wide unimproved alley between Lots 8 through 12 and Lots 22 through 26, Block 8, Ocean View Addition. The closure is requested to allow for construction of Santa Fe Square, a new office complex. The alley will not be required for any future utilities and the staff concurs in the closure request subject to replatting of the lots abutting the alley. Assistant City Manager Lontos explained that the request for this alley closing was received from Dr. Hyman Roosth and Mr. Roy A. Beaver. He stated that the alley is not open on the ground; the applicants would like to construct an office complex which would extend across the unopened alley; the applicant indicated that the alley is 15' wide, but the City records show that it is a 20' alley; there are no utilities in the alley and there is no use for it; therefore the staff recommends approval. No one spoke in regard to this closing. A motion was made by Council Member Gulley that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. A motion was made by Council Member Gulley that the 20' wide unimproved alley be closed, seconded by Council Member Dumphy and passed by the following vote: Jones, Dumphy, Gulley, Kennedy and Zarsky voting "aye"; Hawkins voting "no"; Turner absent at the time the vote was taken. *o*o*o*o*o*"* Mayor Jones ascertained that no one in the audience wished to speak under petitions or information from the audience. There being no further business to come before the Council, on motion by Council Member Gulley, seconded by Council Member Zarsky and passed unanimously, the Regular Council Meeting was adjourned at 3:16 p.m., January 12, 1983.