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HomeMy WebLinkAboutMinutes City Council - 02/16/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 16, 1983 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley * Herbert Hawkins, Jr. Dr. Charles Kennedy Cliff Zarsky City Manager Edward Martin City Attorney Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the nieeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend Steve Carraizai of Church of Christ South, 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. A motion was made by Mayor Pro Tem Turner that the Minutes of the Special Council/Library Board Meeting of February 7, 1983 and the Regular Council Meeting Minutes of February 9, 1983 be approved as presented; seconded by Council Member Dumphy and passed unanimously. Mayor Jones noted the issuance of the following proclamations: "BLACK HISTORY WEEK" - February 14-19, 1983; "HEART MONTH" - February, 1983; and "CHILDREN'S DENTAL HEALTH MONTH" - February, 1983. Mayor Jones then presented retirement plaques to the following employees: EMPLOYEE: DEPARTMENT: POSITION: YEARS OF SERVICE: Isidro Lopez Transit Equipment Mechanic II 28 Belle Streeper Utilities Office Senior Clerk 20 Donald W. Streeper Utilities Office Utilities Route Inspector 12 Mayor Jones then administered oaths to the following new members of Boards and Commissions: Mrs. Lucy McCracken, Planning Commission, and Mr. Daniel Torres, Mechanical Advisory Board. MICROFILMED SEP 191994 Minutes Regular Council Meeting February 16, 1983 Page 2 * Council Member Herbert Hawkins arrived at the meeting at 2:05 p.m. 0*o*0*0*0*0*o*0*0*0rt0*0*0*0*0*0*0*0*0*0*0*0*0 Mayor Jones announced the bid opening on the following engineering project: Clarkwood Area Storni Sewer Laterals Project. This 1982 bond project will provide drainage relief in the Clarkwood community coincidental with completion of the Clarkwood Drainage Channel currently under construction. Mr. James K. Lontos, P.E., Assistant City Manager, opened bids on this project from the following firms: A-1 Plumbing, APPCO, Backhoe Lease Service, Inc., Claude Chapman Construction Company, Coleman Industrial Construction, Delta Utilities, Goldston Corporation, Heldenfels Brothers, Inc., Isles Construction Company, Maverick Construction Co., Slovak Brothers, Inc., South Texas Construction Co., Stefek Construction Co., W. T. Young Construction Co., and Reynolds Plumbing & Utility Company. Mayor Jones expressed appreciation to all of the companies that had submitted bids and stated that they would be tabled for 48 hours, pursuant to the requirements of the City Charter and referred to the Staff for tabulation and recommendation. o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o Mayor Jones called for Action of the Council from the Workshop Session on the following item: 1. A detailed architectural site analysis be obtained on Site 20 (City Hall Annex) and Site 10 (the Exposition Hall). Also, a report be obtained on scheduling conflicts at the Memorial Coliseum should the Exposition Hall site be used and discussion be initiated with the County on the availability of site 1. A motion was made by Council Member Kennedy that the foregoing action be confirmed, seconded by Council Member Zarsky and passed unanimously. 2. Resolution confirming the appointment of Mr. James Van Havermaat to the position of General Superintendent -Wastewater. A motion was made by Mayor Pro Tem Turner that the appointment of Mr. Van Havermaat be confirmed, seconded by Council Member Dumphy and passed unanimously. Minutes Regular Council Meeting February 16, 1983 Page 3 O*0*0*0*0*0*0*0*oho*0*0*0*0*0*0*0*0*0*0*0*0*0*0*0h0 Mayor Jones called for a presentation by the Chairman of the Human Relations Cornmision. Mr. Maury Wolfson, Chairman, stated that he was before the Council to request funds to assist in housing transients to this City. He explained that the Human Relations Commission has been concerned about this problem for about three years and then introduced members of the Commission who were present in the audience. He also introduced several ministers who are members of Metro Ministries, an organization working with the transients. He explained the need for funds is to provide temporary housing for these families for four to six days, and they estimated that the maximum cost would be $18,000 per year for shelter for four or more families requiring emergency housing. He stated that the Navy has offered several units for this purpose but the Commission feels that in order to assure that there are enough units, four of them should be leased since they cannot depend upon the Navy's having housing available for these families and also, it would be unsatisfactory because of the distance from the downtown area. He stated that they are requesting that the Council approve funds of $18,000 and direct the City Manager to find a location for the housing. Mr. Wolfson noted that the purpose of the housing units is to provide emergency housing for transients for a short period of time and pointed out that the operation of this facility will have a positive impact in decreasing crime in this area. Mayor Jones suggested that this be placed on the agenda next week for further discussion. Mr. Wolfson explained that they were of the opinion that $1,500 per month would take care of leasing four units and assured the Council that the Metro Ministries group would not hold the City liable. Reverend Dr. Duncan, one of the ministers, stated that they are assuming that the City would not have any responsibility for the operation of the units because maintenance would probably be done by those who are residing there temporarily or by volunteers. He stated that the Metro Ministries will furnish food for the families. Minutes Regular Council Meeting February 16, 1983 Page 4 Mr. Wolfson further explained that there would be no fee charged the families; the Commission Members would work with Mrs. Helen Gurley of the Human Relations Office, as well as the City -County Welfare Department, in order to screen the applicants to be sure that they are needy families. He also stated that they will require that the recipients attempt to find jobs and that this will be a one-year trial program. Council Member Kennedy agreed that this service is needed but pointed out that the City has a problem with the budget at this time. He noted that ordinarily, the State and the County are the ones who provide service such as this. Mr. Wolfson stated that they are a City Board but they understand that the City -County might coopeate on this and that he did discuss this with Judge Bob Barnes, who indicated that he will assist in finding a facility. Mayor Jones expressed the opinion that the City should accept this request and evaluate the need. Further discussion followed and City Manager Martin indicated that he would have the Staff work with the Human Relations Commission on this project. 0*O*0*0*O*0*0*0*0*0*0*0*0*0*0*0*0*0*0 Mayor Jones called for the Consideration of Motions from the Consent Agenda, items 1 through 10. 1. Bids be received February 24, 1983 for a 17 -foot shallow -draft foam -filled hull, center console work boat to be used as the Marina Patrol craft. This is a replacement boat for a 16 -foot patrol boat which was purchased in 1972 and has over 1200 hours of service, and is currently in need of repairs estimated to be more expensive than a replacement vessel. 2. Bids be received March 8, 1983 for color video training equipment including camera, player/recorder, television receiver, portable video cassette recorder, and related items to be used by the Fire Department. The equipment is in the 1982-83 Budget. 3. Bids be received March 8, 1983 for 200 stacking chairs with gauging device for the Coliseum to replace broken and damaged chairs. The chairs are included in the 1982-83 Budget. 4. Bids be received March 8, 1983 for a twelve months service agreement for field tire repair service for City owned equipment to supplement service provided by Maintenance Services Department. The contract will establish unit prices for approximately 4,420 tire repairs. 5. Bids be received March 15, 1983 for thirty replacement and five additional pickups and vans including 6 compact, 19 one half ton, 6 three quarter ton, 1 one ton, and 3 vans, to be used by various City activities. 6. Plans and specifications for the Las Palmas Drive (Buena Vista) Drainage Improvement project be approved, and bids be received on March 16, 1983. The project, approved in the 1977 bond program, will provide drainage for a part of the Flour Bluff Area. Minutes Regular Council Meeting February 16, 1983 Page 5 7. Bids be received March 22, 1983 for twelve months supply agreements for swimming pool chemicals for Park and Recreation Department including 325 cylinders of liquid chlorine; 6,480 Ib. muratic acid; 4,000 Ib. bicarbonate of soda; 35 drums caustic soda; 20,000 Ib. soda ash; and 8 drums calcium hypochloride. 8.* Purchase of a 28 -foot slope mower for the Park Division be approved from Case Power and Equipment Company of Corpus Christi for $32,250. This was the lowest bid meeting all specifications for the shortest possible delivery time. The apparent low bid from Brookside Equipment of Houston did not meet specifications in cutting reach, style of cutter, and horsepower requirements. The lowest bidder meeting specifications was Lansdowne -Moody Co. of Houston, whose bid was $247 less than the recommended Case Power and Equipment bid. This bid carried a delivery date of 120 days as compared to a 36 -day delivery time from Case Power and Equipment. The Park Division has based its recommendation for approval of the Case Power & Equipment Co. bid on this more immediate delivery date, since the need for the slope mower will be critical within 45 days. Twelve bid invitations were issued; four bids were received. The Purchasing Department concurs in this recommendation. 9. A permit be granted to Hughes & Hughes of Beeville, Texas, for a permit to drill a well from a regular location in the Laguna Madre. The State Tract 33 Well No. 1 location is 7000 ft. in a northerly direction from the John F. Kennedy Causeway and 3500 ft. seaward from the Naval Air Station. The well will be drilled as a straight hole to a depth of 9500 ft. No exceptions to the Bay Drilling Ordinance are requested. 10. The Corpus Christi Arts Council's one-year contract providing $7,000 in general support of promotional, educational, and service projects, be extended to July 31, 1983 in order for the non-profit group to fully expend all monies. The Arts Council Executive Board requested this extension in January, 1983 correspondence to the City. The Arts Council anticipates that on February 28, 1983, at the end of the original contract period, there will be a balance of $1,000 for disbursement to approved projects. Under the terms of the contract, no administrative or other recurring costs are eligible for reimbursement with City funds. Council Member Zarsky referred to item 2 and inquired about the use of this equipment. City Manager Martin explained that it will be used for training the paramedics and EMT's, noting that it will be on-site upgraded training. Council Member Kennedy referred to item 10 and inquired if this item is to make the budget for the Corpus Christi Arts Council for an 18 -month period rather than a 12 -month period. Mr. Tom Utter, Assistant City Manager, stated that that was correct; they have just requested an extension of their budget year. Council Member Gulley pointed out that he had voted against funding $7,000 to the Arts Council when it was first considered. He noted that obviously, the Arts Council does not spend money on permanent art and he did not believe that the City should extend their contract since they have not even * This item was withdrawn from consideration Minutes Regular Council Meeting February 16, 1983 Page 6 used the funds allocated in their budget year. He stated that he felt that the excess funds should go back to the general fund. Council Member Kennedy pointed out that at the same time, groups should not be encouraged to spend money just because it is available. Mayor Jones disagreed with Council Member Gulley's opinion and stated that he felt that they do provide a good service even though there is no permanent art associated with their group. There were no further comments on these items. A motion was made by Council Member Dumphy that items 1 through 10, with the exception of item 8 which was withdrawn, be approved; seconded by Council Member Zarsky; and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting "Aye" on all of the items; Gulley voting "Aye" on all of the items with the exception of item 10 on which he voted "No". o*o*o*o*o*o*o*o*o*o*o*o*o*oho*o*o*o*o*o*o*o*o*o*o Mayor Jones called for consideration of Consent Ordinances and Ordinances from Previous Meetings. There were no comments from the Council or the audience on these ordinances and the following were approved: 11. FIRST READING: AMENDING SECTION 55-73 OF THE CODE OF ORDINANCES FOR WATER SERVICE ON PADRE AND MUSTANG ISLANDS TO EXTEND AN EXCEPTION FOR EXISTING PLATTED LOTS THAT MAY BE SERVED BY PRIVATE SEWAGE DISPOSAL SYSTEMS: PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "absent at the time the vote was taken." 12. THIRD READING - ORDINANCE NO. 17475: AMENDING THE ELECTRICIAN LICENSE ORDINANCE OF THE CITY CODE TO AUTHORIZE AN EXAMINATION COMMITTEE TO COMPOSE, ADMINISTER, AND GRADE LICENSE EXAMINATIONS; OTHER PROVISIONS RELATING TO LICENSE APPLICATIONS, REPORTS TO THE ELECTRICAL ADVISORY BOARD AND APPEALS; AND PROVIDING FOR SEVERANCE AND PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "absent at the time the vote was taken." Minutes Regular Council Meeting February 16, 1983 Page 7 13. THIRD READING - ORDINANCE NO. 17476: AMENDING SECTION 2-238 OF THE CITY CODE BY DELETING FROM SECTION 4(e), ITEM 10 ELECTRICAL ADVISORY BOARD FROM THE LIST OF BOARD AND COMMITTEES WHICH ARE DEEMED TO HAVE SOVEREIGN POWERS. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "Nay"; Turner, "absent at the time the vote was taken." 14. THIRD READING - ORDINANCE NO. 17477: AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES TO PROVIDE FOR LICENSING OF MECHANICAL CONTRACTORS; PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 1, 1983; PROVIDING FOR PENALTY; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Durnphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "absent at the time the vote was taken". 15. THIRD READING - ORDINANCE NO. 17478: PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI TO THE CITY OF ODEM OF ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN CERTAIN TRACTS OF LAND, BY MUTUAL AGREEMENT, MARKED EXHIBIT "I"; PROVIDING FOR PUBLICATION; PROVIDING A REPEALING CLAUSE; AND PROVIDING SEVERABILITY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "absent at the time the vote was taken". 16. ORDINANCE NO. 17479: AUTHORIZING THE EXECUTION OF A CONTRACT WITI-I CACTUS UTILITY COMPANY FOR THE BROOKHAVEN/FIVE POINTS SANITARY SEWER IMPROVEMENTS, PHASE II; APPROPRIATING $101,000 FOR THIS CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "absent at the time the vote was taken." 17. ORDINANCE NO. 17480: REPEALING ORDINANCE NUMBER 14792 WHICH PROVIDED FOR A CONTRACT WITH MILLER AND GRIGSBY FOR PLANS AND SPECIFICATIONS FOR THE BOYS' CLUB SWIMMING POOL; CANCELLING THE UNEXPENDED APPROPRIATION; 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"; Turner, "absent at the time the vote was taken". 18. RESOLUTION NO. 17481: EXPRESSING THE GRATITUDE OF THE CORPUS CHRISTI CITY COUNCIL AND THE HUMAN RELATIONS COMMISSION TO THE WALL STREET CAFETERIA FOR ITS PROVISION OF FREE MEALS ON CHRISTMAS DAY 1982. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "absent at the time the vote was taken". Minutes Regular Council Meeting February 16, 1983 Page 8 19. ORDINANCE NO. 17482: CLOSING AND ABANDONING THE 45 FOOT WIDE LEWIS STREET RIGHT-OF-WAY FROM THE NORTH RIGIIT-OF-WAY OF SHELY STREET TO THE SOUTH RIGHT-OF-WAY OF TOMPKINS STREET, RETAINING THE FULL WIDTH AS A UTII.ITY EASEMENT, 45 FOOT WIDE LEWIS STREET FROM THE SOUTH RIGHT-OF-WAY OF PRICE STREET TO THE NORTH RIGHT-OF-WAY OF KOSAR STREET, 50 FOOT WIDE TOMPKINS STREET RIGHT-OF-WAY FROM A POINT 210 FEET FROM THE WESTERLY RIGHT-OF-WAY ON NAPLES WESTWARD TO A POINT ±50 FEET FROM THE EASTERLY RIGHT-OF-WAY OF AYERS STREET, RETAINING THE FULL WIDTH AS A UTILITY EASEMENT; REVERTING OWNERSHIP OF SUBJECT RIGHTS--OF-WAY TO DEL MAR COLLEGE, PROVIDING THAT APPLICANT CONSTRUCT A CUL-DE-SAC APPROXIMATELY ADJACENT TO LOT 20, BLOCK 20, AND LOT 5, BLOCK 19, SOUTHMORELAND ADDITION, AND THAT APPLICANT REPLAT ALL PROPERTY OWNED WITHIN THE BOUNDARIES OF AYERS STREET, BALDWIN BOULEVARD, NAPLES STREET AND SHELY STREET AT SUCH TIME AS APPLICANT REQUEST THE FURTHER CLOSING OF ANY PUBLIC STREET RIGHT-OF-WAY WITHIN SAID BOUNDARIES OR WITHIN 36 MONTHS, WHICHEVER COMES FIRST; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "absent at the time the vote was taken". 20. ORDINANCE NO. 17483: AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 A NEW SUBSECTION, 31-5.47 SETTING FORTH ZONING CLASSIFICATION ON SAID AREA OF LAND DESCRIBED AS A PORTION OF LOTS 15 AND 16, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "absent at the time the vote was taken". 20b. RESOLUTION NO. 17484: CONFIRMING THE APPOINTMENT BY THE CITY MANAGER, PURSUANT TO THE CITY CHARTER ARTICLE III, SECTION 3, OF JAMES VAN HAVERMAAT TO THE POSITION OF GENERAL SUPERINTENDENT - WASTEWATER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "absent at the time the vote was taken". 0*o*0*0*0*0*0*0*0*0*0*0*0*0*0*0*o*0*0*0*0 Mayor Jones called for consideration of Actions by Motion from the Regular Agenda. He stated that he would like to withdraw items 22 and 23 because the problem with Athena Cablevision has been resolved at this time. 21. A public hearing be held on March 9, 1983 on a closure request for Lum and Nolan Avenues, including appropriate easements within the subdivision, in Sherwin Place Subdivision. These two streets currently dead end west of McArdle Road between the Sunrise Mall and the Mt. Vernon Shopping Center, and the area will be used to expand the shopping center. Minutes Regular Council Meeting February 16, 1983 Page 9 City Manager Martin stated that the issue of charging for street closures has been discussed several times by various Council Members and there has been a request to close some streets in a business area. He expressed the opinion that this ,night be an appropriate time to discuss the possibility of charging for street closures and referred to Assistant City Manager Lontos' memorandum in regard to this. He agreed that in some cases, there should be a charge. Ile explained that (1) when aii easement is closed, there should be no charge; (2) if street dedications were made by the developer at the time the subdivisions were constructed, there should be some fee or trade-off; and (3) in regard to "fee simple" title in which streets are acquired by condemnations or some means other than dedication, those streets should certainly create payment to the City if they are closed. Council Member Gulley inquired it when someone plats property and the City makes them dedicate street right-of-way in accordance with the proposed implementation of the Master Transportation Plan, the City does not pay for those dedications and he did not feel that people should have to pay for street closures in those cases. Council Member Dumphy inquired if the streets in item 21 were dedicated, and Mr. Martin replied that they were. Mr. Martin indicated that he did not necessarily feel this applicant should pay for these particular street closures. Mayor Jones inquired if some advisory board should consider this matter and Mr. Martin stated that possibly they should. Mr. Lontos interjected and stated that it has to go to the Planning Commission for consideration as a replat. Mr. Martin concluded his remarks by stating that the entire subject could be discussed at a later date. 0*O*0*0*0*0*0p0*0*0*0*0*0*0*0*0*0*0*0*0*0*0*0*0 Mayor Jones deviated from the order of the agenda and read Resolution No. 18 and read it. He explained that Mr. Jack Berry, owner of the Wall Street Cafeteria, had served 145 meals to the needy on Christmas Day, 1982. He also stated that Mr. Berry works with the volunteers in the Search for Truth Mission and also donates all of his leftover food for this organization. Mayor Jones commended Mr. Berry for his efforts in this regard. Minutes Regular Council Meeting February 16, 1983 Page 10 o*0 0*o*0*0*0*)*O*O*0*0*C U 22.* Instituting a proceeding to consider revising downward the monthly basic service rate for subscribers of Athena Cablevision of Corpus Christi, Inc. for residential and commercial service pursuant to Section 23D(6) of the franchise ordinance (Ord. 16133) and calling a public hearing on the City's proposed basic service rate revision to be held at 9:00 a.m., April 13, 1983 in the City Council Chamber. 23.* Calling a special performance evaluation session pursuant to Sections 2813 through 28D of the franchise ordinance (Ord. 16133) prior to April 13, 1983 to be conducted by the Cable Communications Commission at a date and time set by this Commission for the purpose of discussing Athena's basic service rate structure and making recommendations to the City Council concerning the proposed rate revision pursuant to City Code Section 2-302(F). 24. Plans and specifications for the St. Peter Street Half Street Construction project be approved and bids be received March 9, 1983. This project provides for the construction of one half of a 40 -foot street concurrently with the remaining construction of St. Peter Street in Highland Oaks tinit 2 Subdivision. Funding for the project will come from the 1982-83 Revenue Sharing Fund. 25. Plans and specifications for Phase I of the South Staples Street Sanitary Sewer project be approved and bids be received on March 16, 1983. This 1982 bond project provides for the extension of a 21" diameter major trunk sanitary sewer in South Staples Street from near Saratoga Boulevard to Timbergate Drive. 26. Plans and specifications for the Zavala Center Expansion at 442 Mohawk be approved, and bids be received on March 16, 1983. A 2,000 square foot addition to this neighborhood center is proposed to be used for elderly recreation and meal programs. 27. Authorizing the City Manager to execute a cooperative agreement between the Bureau of Reclamation and the Texas Parks and Wildlife Department transferring to Parks and Wildlife Department the responsibility for preparation of design plans for the South Shore and Calliham recreation and fish and wildlife support facilities at a cost to the Bureau not to exceed $278,500. The City and Nueces River Authority, local sponsors of the Choke Canyon Project, have assigned the care, operation, and maintenance of recreation areas to Parks and Wildlife. One-half the capital costs associated with the initial development of the area will be repaid by the City over a 50 -year period from water sales. Council Member Zarsky referred to the Choke Canyon Recreation expense and commented that that was a reasonable amount necessary for the City to pay. Mr. Doug Matthews, Director of Public Utilities, explained that the entire project was divided into different sections and this included the recreation activities that will occur because of the existence of the lake. He stated that the City is responsible for 50% of the construction of initial improvements necessary as a part of the park; it will be turned over to the City; the City in * These items were withdrawn from consideration. Minutes Regular Council Meeting February 16, 1983 Page 11 turn contracted for the Texas Parks and Wildlife Department to operate the concession and shelter areas; and the City has eliminated their liability by assigning this to the Parks & Wildlife Departments. Council Member Zarsky expressed approval of this action by the City to dispense with the responsibility of the park. 28. A request to extend the deadline for opening of a second floating barge restaurant be approved to December 31, 1983 from the current date of June 1, 1983. The Nueces Landing Company, which has requested an extension to June 1, 1984, has encountered difficulties in acquiring a used barge for the project, and now anticipates having a new hull and superstructure built for the restaurant. Because construction of the vessel can be substantially accomplished in 90 to 120 days, and because this request represents the second extension of time since the original concept was approved by the City Council in 1981, the staff recommends a seven month extension rather than the one year time period. Council Member Hawkins inquired as to why this extension was reduced from the requested one year to seven months. City Manager Martin explained that this is riot the first extension and it is the City's belief that it can be done in that length of time. Mayor Jones invited representatives of Nueces Landing Company to speak at this time. Mr. Jim Hasslocher stated that they would prefer to have the one year extension on the contract. He explained that none of the boats they had considered are satisfactory for their purposes; they plan to construct a new hull and boat; it will take more time than expected; they will have plans to go out for bids for the construction of the barge; and they will have a lot of work to perform. He assured the Council that they hoped to complete the work as soon as possible but they would like to have a one-year extension rather than the seven-month extension as recommended by the Staff. Council Member Kennedy commented that he was of the opinion that this is a very worthwhile project; there have been major changes along the way; the group is very fortunate to have Mr. Hasslocher associated as a partner; and there has been some concern about the location but it is his opinion that when and if they complete the land mass, a majority of the restaurants should be located in that area. He suggested that the extension be for one year rather than the seven-month extension. Dr. Kennedy stated that he would put that in the form of a motion. Minutes Regular Council Meeting February 16, 1983 Page 12 Council Member Zarsky seconded the motion to extend the lease one year because he felt that they would have a better business venture than that originally planned. Council Member Dumphy stated that he had discussed this with Mr. Jim Brozo and had been kept fully informed of their progress. He, too, expressed the opinion that the addition of Mr. Hasslocher to the group will make this an even better project and that he felt that it would be of greater benefit to the City. He pointed out that it would be a tremendous attraction to the bayfront and the Convention Center in the City. Council Member Gulley pointed out that there has been sonie concern about the location of the restaurant and the I_ -Head was the site originally approved. He questioned the size of the proposed barge. Mr. Hasslocher informed the Council that the barge would be 44' wide at the water line and approximately 180' to 190' in length. Mr. Brozo pointed out that the original dimensions of their proposed restaurant was approximately the same or 44' by 184'. Mr. Gulley continued by reminding the Council that there had been some concerns expressed by people sailing in that area. Mr. Hasslocher then displayed a slide presentation showing the exact location of the proposed barge restaurant. Mayor Jones inquired if there was any competition for a similar restaurant by other parties, and Dr. Kennedy replied that there were two proposals submitted at the time this was first approved. Mayor Jones noted that if there was competition, he questioned if the City is being completely fair in continuing to approve extensions of this particular lease. City Manager Martin stated that if the extensions are for legitimate reasons, then they are in order and the Staff recommends the extension but they just recommend a shorter extension than that requested. He noted that this group has the exclusive right to this location. Mr. Morgan Spears, Architect for the restaurant, located on the drawing the L -Head and the proposed location of their restaurant. He pointed out that Captain Boomer's Restaurant is 33' wide and theirs will be approximately 44' wide. He stated that they do need the extension on the lease so that work can be continued on the construction of the barge restaurant. He stated that they Minutes Regular Council Meeting February 16, 1983 Page 13 do need to discuss whether or not they would be allowed to have extensions in addition to the barge to provide walkways around the outside. Council Member Gulley referred to the drawings displayed and agreed that there did not seem to be any problem for sail boats in the area. Mr. Spears stated that they would have no objection to having the restaurant located in the land mass in the future and that he felt that this would be a very successful restaurant because it would be similar to the famous one in St. Louis. He assured the Council that they will work within the specifications considered earlier when the lease was first approved. Council Member Gulley asked about the report that indicated there would be ample parking space and inquired if this increase in size of the restaurant would hinder parking. Mr. Utter stated that that report was based on a restaurant that is 44' by 184', two stories high, but he felt that there would be no problem in meeting the parking requirements on this restaurant. Mr. Spears expressed the opinion that the planned parking would still restaurant, and Mr. Gulley agreed parking space. City Manager Martin pointed out be ample for the seating capacity of the that there probably would be enough that if there is a change in the dimensions of the vessel, this needs to be studied by the Staff. Discussion followed in regard to the location of the restaurant and the use of this area of water by sail boats and it was determined that the location would not interfere with sail boats races. Council Member Gulley suggested that the Staff take another look at the entire plan. Mr. Spears assured the Council that their plans will be in compliance with the terms of the ordinance. The Council indicated their concurrence with Council Member Dumphy's motion that the lease be extended to June 1, 1984 provided the construction in the vessel is started by July 1, 1983. 29. Consideration of pending State legislation. Deputy City Manager Ernest Briones explained the following bills that had been introduced in the legislature: Minutes Regular Council Meeting February 16, 1983 Page 14 (1) Annexation Hill - to require the City to annex inside their extraterritorial jurisdiction, but if the area is a part of a water or sewer district that annexation of the entire district will be required. Ile stated that the City Staff recommends opposing this hill and the Council concurred with that recommendation. (2) Dues Checkoff The Council indicated that the City should oppose this hill. (3) A hill that would require the Fire Certification Committee of the State to certify qualifications of the Airport Security Officers because they would have to also serve as firefighters. Mr. Hriones explained that the Staff feels that this would complicate the system at the Airport because the Security Officers would have to he full-time firemen and this might create labor problems; therefore, the Stu( t recommends that the City oppose this hill. The Council agreed. (4) Mr. Hriones referred to the bill dealing with Open Meetings Law which would require the City to he liable for attorneys' fees when a suit is filed against the City in which the City would be liable for the expenses of the plaintiffs if the suit is lost by the City. He explained that another portion of this hill requires that minutes of each "closed meeting" would be required including the subject of each deliberation indicating the vote or any decision made or any action taken and those minutes would be made available to the public as soon as they are printed. Council Member Zarsky expressed opposition to this bill because the whole purpose of a "closed meeting" would be lost and the City might have difficulty in acquiring land, etc. He suggested that the City oppose that bill also and the Council agreed that the City should do so. (5) Mr. Hriones stated that there is one more bill that he was not too familiar with but which is scheduled for hearing the following day. He informed the Council that the State had requested that Chief Ordner testify on this bill and asked Chief Ralph Rogers to explain. Chief Rogers explained the efforts to improve life support systems throughout the State of Texas and there is one section of a bill which allows the extension for the licenses for paramedics from two years to four years. Ile stated that they have been working on this bill for some time, but now there seems to be opposition to this portion of the bill which is sponsored by the State Health Department. He explained that the opposition seems to be from a junior college that trains paramedics. Mayor Jones agreed that the City should support this bill. (6) Chief Rogers then referred to two fireworks bills, one of which applies only to the City of Houston because of the population limitation, and the other would prohibit the sale of fireworks within the City limits with the exclusion of sparklers and cap pistols. The Council indicated that they wished to support this bill. Mayor Jones called for comments from the audience on the motions from the Regular Agenda. Mr. John Stensland, 33 Primrose Drive, referred to item 28 and agreed that if the City has a pre -contract lease, they should expect action to be taken promptly. He noted that it has been a very long time since this lease agreement was approved and now that there is a new management, he felt that this poses the possibility that this could occur in other facilities. Minutes Regular Council Meeting February 16, 1983 Page 15 No one else spoke in regard to these items. A motion was made by Council Member Zarsky that items 21 through 28 be approved, with the exception of item 22 and 23 which had been withdrawn; seconded by Council Member Dumphy; and passed by the following vote: Jones, Dumphy, Hawkins and Kennedy voting "Aye" on all of the items; Zarsky voting "Aye" on all of the items with the exception of item 24 on which he disqualified himself; Turner and Gulley, "absent from the Council Chamber at the time the vote was taken". o*0*3*0*3*3*G*0*0*0*0*0*o*o*0*0*0*0*0*0*0*0*0*0*0*0 Mayor Jones called for consideration of Ordinance No. 30 which amends Chapter 23 of the City Code to include new section 23-18 "Health Clinic Visit Fee" to provide a $2.00 Health Clinic visit fee to be charged to each patient for each visit to City -Council Health Clinic facilities under certain guidelines. Dr. Tony Diaz, 5033 Moultrie, representing the Nueces County Health and Welfare Board, recommended that this ordinance be approved because of the budget problems. He explained the operation of the clinic and expressed the opinion that the recommended $2.00 fee is minimal and it is possible that this could be increased in the future. He explained that other health departments in other cities charge as much as $20.00 per visit and assured the Council that those who qualify under the poverty guidelines would not have to pay. Dr. Christopher Buttery, Director of City -County Health & Welfare, assured the Council that service will be provided for those who cannot pay. Mayor Pro Tem Turner, presiding in the temporary absence of Mayor Jones, stated that Dr. Diaz serves in this capacity on a volunteer basis and expressed appreciation to him for his service. City Manager Martin then referred to Ordinance 31, which pertains to the requirement for automatic sprinkler systems in certain situations and buildings, and stated that the Council night wish to delay this unti! after public hearings are held. A motion was made by Council Member Kennedy that item 31 be delayed until next week, seconded by Council Member Zarsky and passed unanimously by those present and voting. City Secretary Read polled the Council for their vote on Ordinance 30 and it passed as follows: Minutes Regular Council Meeting February 16, 1983 Page 16 FIRST READING: AMENDING CHAPTER 23 OF THE CITY OF CORPUS CHRISTI CODE OF ORDINANCES TO INCLUDE NEW SECTION 23-18 "HEALTH CLINIC VISIT FEE" TO PROVIDE A $2.00 HEALTH CLINIC VISIT FEE TO BE CHARGED TO EACH PATIENT FOR EACH VISIT TO CITY -COUNTY HEALTH CLINIC FACILITIES FUNDED IN WHOLE OR IN PART BY THE CITY OF CORPUS CHRISTI FOR PATIENTS WHOSE HOUSEHOLD MONTHLY INCOME EXCEEDS FEDERAL GUIDELINES FOR FINANCIAL SUPPORT. The foregoing ordinance was read for the first time and passed by the following vote: Turner, Dumphy, Hawkins, Kennedy arid Zarsky voting, "Aye"; Jones and Gulley, absent at the time the vote was taken. o*o*o*o*a*C*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o* Mayor Pro Tem Turner announced the public hearing on the following annexation: 32. Contractual annexation of 5.10 acres of land owned by the Port of Corpus Christi Authority, but occupied on a lease basis by Hitox Corporation of America and the annexation of a portion of Burleson Street adjacent to such tract for connection to the present City of Corpus Christi city limits. Mr. Larry Wenger briefly described the area to be annexed by contract at the request of the property owner. Mayor Pro Tem Turner ascertained that no one wished to speak on this annexation. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. City Secretary Read polled the Council for their vote on the first reading of the ordinance authorizing the contractual annexation and it passed as follows: 32. FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND PORT OF CORPUS CHRISTI AUTHORITY FOR THE ANNEXATION OF LAND ABUTTING BURLESON STREET; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, absent at the time the vote was taken. Mayor Pro Tem Turner announced the public hearing on the next contractual annexation, as follows: Minutes Regular Council Meeting February 16, 1983 Page 17 33. Contractual annexation of 34.72 acres of land owned by Tri-Star Development Company being developed as Inverness Subdivision, a single-family home project, generally located south of Timbergate Drive and west of South Staples Street. Mr. Wenger displayed a transparency and located the area to be annexed stating that the Staff concurs. No one spoke in regard to this contractual annexation. Mr. Wenger pointed out that the subdivision will be used for the construction of single-family dwellings. Mayor Jones returned to the Council Chambers at this time. A notion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Dumpily and passed unanimously. City Secretary Read polled the Council for their vote and the first reading of the following ordinance was passed: 33. FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND TRI -STAR DEVELOPMENT COMPANY FOR THE ANNEXATION OF APPROXIMATELY 34.22 ACRES OF LAND OUT OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACT, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dunphy, Hawkins and Kennedy voting, "Aye"; Gulley and Zarsky, absent at the time the vote was taken. o*o*0*o*o*0*0*o*o*o*a*o*u*o*o*o*o*o*o*o*o*oxo*o*o Mayor Jones called for consideration of the following zoning application which was tabled for one week on February 9, 1983: 34. Application No. 183-4T, Henry Tucker Amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.50 setting forth zoning classifications "AT" Apartment Tourist District on Tact 1 „ "B-4" General Business District on Tract 2, "R-2" Multiple Dwelling District on Tracts 3, 5 s 8, "A-1" Apartment House District on Tract 4, "A-2" Apartment House District on Tract 6 and "R-1 B" One -family Dwelling District on Tract 7, being 355± acres out of Lots 2, 3, 6 and 7, Section 19, Bohemian Colony Lands, located on the east side of Everhart Road, along the Oso Creek when annexed to the City. This application was tabled for one week on February 9, 1983. Mr. Wenger displayed a map of the area and stated that the hearing was conducted on this application the preceding week. He informed the Council of the numbers of the traffic count taken in April and May of 1980 on Everhart and Saratoga and several other streets in the area that were at near capacity at Minutes Regular Council Meeting February 16, 1983 Page 18 this time. Mr Ralph Coglianese, Senior Planner, further explained the traffic count and projected traffic after certain areas are annexed and developed. Mr. Wenger continued by stating that the current transportation plan shows York going through The Lakes which will go to the Oso and will intercept Ayers at the Crosstown Freeway. He explained that this is proposed to be a six -lane divided street, which would have the capacity of 35,00 to 40,000 vehicle trips per day. He pointed out the bridge on the Oso which would cost about $2 million to construct, which would be the City's responsibility. He explained that the Staff therefore recommends that the City divert from the Master Plan to turn the street to no north to Weber and eventually extending it to the intersection of Kostoryz and Saratoga. He explained that this would avoid the necessity to construct a bridge which would cost $1.5 to $2 million for this road. Council Member Zarsky inquired about the cost of the plan to extend York into Weber across the drainage ditch. Mr. Wenger stated that the Staff would probably recommend a temporary type of lane to Weber and the City would need to obtain a perpetual easement to allow the City to construct a road over the Navy's land. He stated that if the Council concurred, they would examine the cost of the proposed alternate street and the funds would have to be from a bond issue. Mayor Pro Tem Turner expressed the opinion that the City should move as quickly as possible on this and suggested that Revenue Sharing funds be used for this purpose. Mr. Wenger then referred to the zoning request under discussion and pointed out that they had requested "B-4", "A-2" and "A -T" zoning but the Staff is recommending a reduction of the requested zoning. He stated that Mr. Tucker has agreed to the Staff recommendation on this zoning application. A motion was made by Mayor Pro Tem Turner that the alternate street plans, as outlined, be approved, seconded by Council Member Dumphy and passed unanimously. Mr. Tucker, the applicant, informed the Council that they plan to start on this development in about three weeks on 75.32 acres which will be the first phase of the development. No one else spoke in regard to this zoning case. ;nutes rtegular Council Meeting February 16, 1983 Page 19 A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Council Member Kennedy that the zoning, as recommended by the Staff, be approved; seconded by Council Member Dumphy; and passed unanimously. City Secretary Read polled the Council for the vote on the ordinance effecting the zoning change and it passed as follows: ORDINANCE NO. 174841: AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 A NEW SUBSECTION, 31-5.50 SETTING FORTH ZONING CLASSIFICATION ON SAID AREA OF LAND DESCRIBED AS A PORTION OF LOTS 2, SECTION 19, 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". o*o*o*0*o*o*c*o*o*o*o*o*o*o*o*o*o*0*o*o*o*o*o*o A motion was made by Mayor Pro Tem Turner that the Regular Council Meeting be recessed at 5:07 p.m. in order to convene the Special Council Meeting on zoning applications; seconded by Council Member Dumphy; and passed unanimously. Mayor Jones reconvened the Regular Council Meeting at 5:37 p.m. and called for consideration of appointments to several boards. Mayor Jones called for appointments to the Bay Drilling Committee and suggested that Mr. Joe De Leon, representing the General Public, be moved from alternate to the regular position and that Mr. Ron Grant be appointed as representative of the oil industry. He noted that both of the alternate positions could be considered the following week. A motion was made by Council Member Gulley that the foregoing appointees be confirmed, seconded by Council Member Dumphy and passed unanimously. Board of Adjustment: Mayor Pro Tem Turner nominated Mr. Ralph Krause who resides in Flour Bluff and stated she felt he would be a good representative from that area to the Board of Adjustment. Council Member Kennedy nominated Mr. Claudio Herrera, who is presently serving as an alternate, to the permanent position. A vote was taken and Mr. Herrera was selected as the permanent member and Mr. Krause was selected as the alternate on this board. Minutes Regular Council Meeting February 16, 1983 Page 20 A motion was made by Council Member Duniphy that the Council delay the appointments to the Building Standards Board, seconded by Mayor Pro Tem Turner and passed unanimously. Animal Control Advisory Board: Council Member Dumpily nominated Mrs. Patsy Sparkman to fill the vacancy on this board. There were no other nominations. A motion was made by Council Member Zarsky that Mrs. Sparkman be elected by acclamation, seconded by Council Member Zarsky and passed unanimously. 0*0to*Uiu*0*0*0*0*0*0*0*0*0*0*0*0*0*0*0*0*0 Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Tom Matthews, 4429 Greensboro, expressed appreciation to the City Council for their difficult task in resolving the single -member district matter. Mrs. Alicia Gallegos-Guniez, Chairman of the La Retama Library Board, addressed the issue for the site of the library. She stated that one fact that she wanted to emphasize was that the central library is a major research center for a 22 -County Area and there are 45 member libraries that are dependent upon Corpus Christi for their information. She pointed out that this area is growing rapidly and she wanted to make sure that a suitable building is constructed to serve as a central library and this should be done as soon as possible. Reverend Elliott Grant, Pastor of St. Mathews Baptist Church, explained his and others' concern about the Black community. He expressed the concern that the Blacks in Corpus Christi have been overlooked as far as their needs are concerned. He pointed out that the Blacks are the real minority and discrimination against them does exist in this City. He stated that the major concerns they have are: (1) disbursement of City funds; and (2) hiring practices of the City of Corpus Christi. He stated that they did not want to threaten the City with lawsuits but this seems to be the only language that the City will listen to. He continued by stating funding in Corpus Christi is usually through Mexican -American Organizations such as LULAC, G. I. Forum, La Raza, etc. and there is only one Black Organization which is HIALCO. He also addressed the hiring practices of the City and stated that he has had many reports of Minutes Regular Council Meeting_ Fcbnwry 16, 1983 Page 21 petenti,.l employee, approaching the City Ibr positions and the Personnel Staff are very UM( Uoperat lVP. Ile expressed the opinion Ihat Angios, Mexican Amcr'icans and Blacks should all work together. Mayor Jones suggested that Reverend Grant provide specifics, particularly n regard to the charge that job discrimination is practiced by the City. Council Member Dumpily requested that Reverend Grant bring whatever information he has about particular instances of job discrimination and assured him that the Council will do something about it if those conditions exist. He ,fissured Reverend Grant that he could call on him any time he has a problem. Council Member Kennedy also stated that he and the other Council Members have always been concerned about the Blacks and it there have been problems, they need to know about the problems so that they can be worked out. Reverend Grant assured the Council that he will bring specific instances to them and will bring people who can testify that they have been mistreated by the Personnel Department. He also expressed the opinion that the streets in their areas arc not swept or kept clean as they are in other areas of the City. Mr. Jack Gordy, 5802 Everhart, referred to the fact that the Planning Staff is having a meeting in Flour Bluff Friday to discuss zoning and development for that area and the City was the applicant for the rezoning in Flour Bluff. He asked why letters were not sent out as usual so that the people in Flour Bluff could respond as to whether or not they were in favor of the proposed zoning. He mentioned the fact that without the written responses, the 20% rule cannot be put into effect. There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Mayor Pro Tem Turner and passed unanimously, the Regular Council Meeting was adjourned at 6:11 p.ni., February 16, 1983.