Loading...
HomeMy WebLinkAboutMinutes City Council - 02/23/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 23, 1983 2:00 P.M. PRESENT: Mayor Luther Jones Council Members: Jack K. Dumphy Bob Gulley Herbert Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky ABSENT: Mayor Pro Tem Betty N. Turner City Manager Edward Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read ucu Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend John Whitton of Ebony Acres Baptist Church, following which the Pledge of Allegiance to the Flag of 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 Dunphy that the Minutes of the Special Council Meeting of February 7, 1983 (Reconvened February 9 and February 11, 1983) be approved as presented; seconded by Council Member Zarsky; and passed unanimously. Mayor Jones then presented 30 -year pins to the following employees: p.m. Employee: Department: Position: Gilberto Lopez Water Sr. Water System Mechanic Eliseo Villarreal Water Foreman Louis P. Soto Engineering Instrument Man I * Council Member Herbert Hawkins, Jr. arrived at the meeting at 2:10 MICROFILMED SEP 191984 Minutes Regular Council Meeting February 23, 1983 Page 2 City Manager Ed Martin explained that the Council Meeting is being televised under the auspices of Athena Cablevision by students of Corpus Christi State University, and will be shown on Channel 20 at 8:00 Wednesday and Thursday and 3:00 p.m. on Sunday. O*L*C*O*O*G*O*C*O*O*O*G*O*G* p.m. Mayor Jones called for bid openings on the following engineering project: on Washington -Coles Area Street Improvements, Phase III, an 8th Year Community Development Block Grant project. Assistant City Manager James K. Lontos opened bids on this project from the following firms: APCCO; Claude Chapman Construction Company; Ileldenfels Brothers, Inc.; King Construction Company and A. Ortiz Paving & Construction Company. Nor. Lontos informed the Council that all of the bidders had submitted the required bid security bond. Mayor Jones expressed appreciation to the companies that had submitted bids and stated that they will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. C*O*O*O*O*C*O*O*O*O*O*O*O*O*O* Mayor Jones called for consideration of the Motions from the Consent Agenda on the following items: 1. Bids he opened March 15, 1983 for one hydraulic gate valve operator for Water Division maintenance of lines. This item is included in the 1982-83 Budget. The current piece of equipment is deteriorated and replacements parts are no longer available. 2. A three wheel motor vehicle for Traffic Engineering for traffic control be purchased from Watson Distributing Co., San Antonio, Texas for the total amount of $6,996.00, based on low bid meeting specifications. The apparent low bid of $4,767 by C.C. Yamaha, Corpus Christi, did not meet specifications for weight, steel doors and brakes. The vehicle is included in the 1982-83 Budget and will replace a 1978 model with over 17,000 hours of use. Two bids were received. Price comparison shows an increase of 6° since the last purchase in June, 1982. 3. Approving the purchase of six diesel -powered refuse trucks for the Sanitation Division based on best bid from Pak -Mor Mfg., San Antonio, Texas, for refuse body; and Edaburn International, Corpus Christi, Texas for cab and chassis, for a total combination of $313,145.88 ($52,190.98 ea.). Sixteen bid invitations were issued and seven bids were received. The trucks are included in the 1982-83 Revenue Sharing Budget and will replace 1977 models. Minutes Regular Council Me February 23, 1983 Page 3 Ing 4. Sanitary landfill equipment be leased from B. D. Holt Company, Corpus Christi, with purchase options and maintenance contracts: 1 ea. landfill compactor, Caterpillar model 826 Term: 5 years. Total $363,600, including maintenance and purchase option. I ea. crawler tractor, Caterpillar inodel D8K Tera: 5 years. Total: $388,300, including maintenance and purchase option. 1 ea. used crawler tractor, Caterpillar model DBK Term: 4 years. Total: $303,500, including maintenance and purchasing option. Bid invitations were issued for (1) Outright Purchase, (2) Lease with Purchase Option, and (3) Installment Purchase. Each method provided for full maintenance for five years. Bidders were invited to hid also on a used crawler tractor with a maximum of 2,800 operating hours and with four years full maintenance,. 5. A contract tor turn -key conversion of 50 Police sedans to compressed natural gas and construction of a re -fueling station be awarded to Advanced Fuel Systems, Inc., of Wichita, Kansas, for $184,650. 6. Fargo Trading Company, Incorporated he granted a permit to drill a well from a regular location 13.8 miles seaward of the Harbor Bridge and 1.25 miles south of the Ship Channel. The State Tract 398 Well No. 1 will be drilled as a straight hole to a depth of 9,250 feet. No exceptions to the Bay Drilling Ordinance are requested. 7. Approving the name change of McCaughan, Etheridge & Webb Engineers to Etheridge & Webb Engineers, Inc. This firm currently has two contracts with the City for engineering services at the O. N. Stevens Water Filtration Plant and the Broadway Wastewater Treatment Plant Expansion. The senior partner, Mr. Frank McCaughan, retired last year and the continuing partners Obie Etheridge and Rendell Webb have incorporated and changed the name of the firm. All other terms and conditions of the contracts will remain in force. 8. Authorizing the City Manager to execute an outside -city -limits water contract with Texas A & M University Research and Extension Center providing for the annexation of Extension Center property when the property becomes adjacent to the city limits or at a later date to be solely determined by the City Council. The City Council, by motion on November 17, 1982, approved the extension of an 8 -inch water main to the Extension Center with costs of the extension being shared by the City and Texas A & M. Mayor Jones called for comments from the audience on these items. Mr. Glen Boone, 610 St. Pius, referred to item 5 and asked for an explanation of the benefit of converting police cars to compressed natural gas for fuel. He inquired about the savings that would be effected. City Manager Martin explained that the difference in cost would be about 50% and even with the price of gasoline decreasing, a cost savings could be eftected. He stated, also, that the City of Corpus Christi sells the natural gas and the natural gas would be purchased from our own source of supply which would benefit the Gas Division and the City. He explained that the amortization period is about two years. Minutes Regular Council Meeting February 23, 1983 Page 4 There were no further cornments on these items. A motion was made by Council Member Gulley that items 1 through 8 be approved, seconded by Council Member Dumphy and passed unanimously. O*O*0*C*0*ox0*0*0*0*0*0*0*0*0*0 Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings. There were no comments from the Council or the audience on these ordinances. City Secretary Read polled the Council for their vote and the following ordinances were passed: ORDINANCE NO. 17488: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Woodlawn Estates: 1. Woodlawn and Daley Drives, from Williams Drive to South Padre Island Drive; Alameda Estates: 2. Eldon Drive, from Gaines Street to South Alameda Street, and 3. Delano Drive and Walton Place, from Robert Drive to Eldon Drive. AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. ORDINANCE NO. 17489: APPROVING THE WRITTEN STATEMENT FOR THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: Woodlawn Estates: 1. Woodlawn and Daley Drives, from Williams Drive to South Padre Island Drive, Alameda Estates: 2. Eldon Drive, from Gaines Street to South Alameda Street, and 3. Delano Drive and Walton Place, from Robert Drive to Eldon Drive. DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL FOR MARCH 23, 1983, AT 3:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. Minutes Regular Council Meeting February 23, 1983 Page 5 ORDINANCE N0. 17490: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Glenmore Street, from Kentner Street to Ocean Drive AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. ORDINANCE NO. 17491: APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: Gienmore Street, from Kentner Street to Ocean Drive DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL FOR MARCH 23, 1983, 1983, AT 3:00 P.M., IN THE COUNCIL CHAMBERS IN CITY HALL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. ORDINANCE NO. 17492: AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 1 TO THE CONTRACT WITH ASPHALT PAVING AND CONSTRUCTION COMPANY (APCCO) FOR THE SPOHN HOSPITAL AREA STREET IMPROVEMENTS PROJECT WHICH PROVIDES FOR THE RECONSTRUCTION OF THE EAST SIDE OF FIFTH STREET FROM BOOTY STREET TO AYERS STREET; APPROPRIATING $8,4409.90; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. ORDINANCE NO. 17493: APPROPRIATING $30,940 FOR PURCHASE OF TRANSIT SHOP EQUIPMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. FIRST READING: AUTHORIZING A LEASE AGREEMENT WITH MR. AND MRS. JIM WILLIAMSON FOR A 26.93 ACRE TRACT OF LAND AT 12930 HEARN ROAD. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Dunphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. SECOND 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. Minutes Regular Council Meeting February 23, 1983 Paget The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. SECOND READING: AMENDING CHAPTER 23 OF THE CITY CF 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 second time and passed to its third reading by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. SECOND 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 second time and passed to its third reading by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. SECOND READING: PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI TO THE CITY OF PORTLAND OF ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN CERTAIN TRACTS OF LAND, BY MUTUAL AGREEMENT, MARKED EXHIBIT "A"; PROVIDING FOR PUBLICATION; PROVIDING A REPEALING CLAUSE; AND PROVIDING SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. o*oto*o*o*o*o*o*o*o*o*o*o Mayor Jones called for Consideration of Actions by Motion from the Regular Agenda on the following items: 20. Authorizing the City Manager to sign an agreement with the Texas Municipal League for the conversion of the City's present Workers Compensation Program to a self-funded option. 21.* Authorizing the Director of Aviation to negotiate an agreement between the City and any freight, parcel or baggage pickup and delivery service operating at the Corpus Christi International Airport providing for a $100 monthly fee payable to the City. 22. Authorizing the extension of a letter agreement with Kinney Street Associates to provide that the time period for execution of the final agreements on the new City Hall shall be deferred from March 15, 1983, to April 15, 1983. 23. Approving the conceptual design for a new City Hall. 24. Consideration of pending State legislation. * This item was withdrawn by the City Manager for one week. Minutes Regular Council Meeting February 23, 1983 Page 7 City Manager Martin also informed the Council that there is rio pending state legislation to he considered today. Mayor Jones called for consideration of item 23. Assistant City Manager Bill Hennings displayed a rendering of the altered proposed City Hall and pointed out the changes that had been made in the design. He stated that these changes were made in accordance with the comments of the Council and of the Municipal Arts Commission. Mayor Jones rioted that Were has been a great deal of criticism about the fact that the City Hall will be located on Shoreline and will obstruct the view of the water. He pointed out that there is only 130 feet from one side of the building to the other which is substantially less than the view that is obstructed at this time by the existing City Hall. Ile stated that this building will be financed by rentals saved for space the City is now using; it is being constructed by a private develorcr and it will provide ample office space for City operations. Council Mender Hawkins commented that he was of the opinion that the architects were going to change the design so that it would have a Spanish. motif. Councii Member Zarsky explained to Mr. Hawkins that during the morning Workshop Meeting a slide presentation had been presented which indicated that the design on the top of the building is similar to old Spanish missions; the column:: were added to add a Spanish flavor; and he was of the opinion that it does have somewhat a Spanish design. Council Member Dumphy agreed that this was true as indicated by the siicics. Council Member Gulley also pointed out that the buiiding has to he a wide building so that more space can be included in the building without adding as much height. He expressed the opinion that because of this need, there is a limitation on the part of the architects as to the type of design they can use for tiie building. Council Member Hawkins still expressed the opinion that more of a Spanish influence could have been included in the plans and he was just disappointed that more changes were not made. Council Member Gulley pointed out that this would add to the cost of the building. Minutes Regular Council Meeting February 23, 1983 Page 8 Mayor Jones also expressed the opinion that the building now has a Spanish motif. Speaking in regard to the new City Hall was Mrs. Dan Polinard, 4701 Andover, who inquired if the existing building will be torn down to provide more open space, and she was assured that it would be. Mrs. Elizabeth Cain suggested that an inside courtyard would provide a Spanish flavor to the structure and expressed the opinion that the building is very square and not very interesting. Council Member Zarsky informed Mrs. Cain that the building does have an atrium inside which will be visible to people driving down Ocean Drive. A motion was made by Council Member Gulley that items 20 through 23, with the exception of iter 21 which was withdrawn be approved; seconded by Council Member Dumphy; and passed by the following vote: Jones, Dumphy, Gulley, Kennedy and Zarsky voting "Aye" on all of the items; Hawkins voting "Aye" on items 20 and 22 and "rid" on item 23; Turner, absent. 0*0*0*0*0*0*o*0*0*0*0*o*0*0*0*0 Mayor Jones called for consideration of the ordinances from the Regular Agenda, items 25, 26 and 27. City Manager Martin referred to the first reading of the ordinance authorizing a one-year agreement with Mr. Dan Polinard for use of the seawall area from the Bayfront Science Park to McGee Beach for the operation of a bicycle surrey concession. He explained that the Staff is of the opinion that the concept of activities on the bayfront is an excellent one and is the type of thing discussed in the Bayfront Plan, but the Staff feels that it would be preferable to have an opportunity to plan just what should go on the Bayfront Plan. He explained that for that reason, the Staff is recommending a one-year lease for this concession rather than the five-year lease which they requested in order to provide the City with an opportunity to see how this activity will mesh with pedestrian and other uses of the seawall. He also stated that the Staff feels that the operator should be self-insured. Mr. Martin expressed concern about the use of these vehicles which could be dangerous on the L -Heads and the T -Heads because of the size of the bicycle surreys. Council Member Gulley stated that he thought it was a good concession but he felt, too, that they should be kept off the T -Heads. He pointed out, however, that this could be an enforcement problem. Minutes • Regular Council Meeting February 23, 1983 Page 9 Mr. Dan Polinard, 1504 Austin Street, Portland, presented the Council with copies of information pertaining to this subject that he had prepared. He referred to the original proposal in which there was included a cancellation clause. He informed the Council that they had attempteo to do everything in accordance with City ordinances and as soon as they found out that they were in compliance with the City ordinances, they approached the Park and Recreation Department, discussed it with them, and personnel in that office suggested that they appear before various boards that would be concerned about this. He said at that time, the City Staff suggested that Park and Recreation Department table this matter until after the Bayfront Plan was approved. He explained that they had waited until after the approval of the plan and again appeared before the Marina Board and discussed it with the Park arid Recreation Department. Mr. Polinard continued by stating that Assistant City Manager Torn Utter had suggested that the Municipal Arts Commission should also be consulted. He explained that the Park Board had recommended the five- year lease and at the time they appeared before the Marina Board, Mr. Utter's letter about certain regulations being approved by the Municipal Arts Commission was also presented to that Board. He stated that the Marina Board had voted unanimously to approve the lease and they had concurrence from the Traffic and Transit Department. Mr. Polinard continued by explaining that the seawall is 20 feet wide and their vehicles are 4 feet wide. He also contended that there is plenty of room on the L -Head and T -Heads for the surreys because they are 11 feet and 12 feet wide. He stated that the reason they would like to have the five-year lease is because they will have quite a large investment when purchasing the surreys and they hesitate to spend that much money if their lease will be terminated at the end of the first year. Mr. Polinard expressed the opinion that the bicycle surreys would be a good tourist attraction which they would like to have available before summer. City Manager Martin stated that the cancellation clause which Mr. Polinard referred to only addresses this possibility if the lessee is in violation of their lease but it does not indicate that the City would have the option to cancel the lease with 30 days notice which he felt should he included in the lease. Minutes Regular Council Meeting February 23, 1983 Page 10 Council Member Zarsky inquired if there would he any objection from the Staff if a 30 -day cancellation clause were included in the lease if it should interfere with traffic on the T -Reads. He expressed the opinion that the 1 -Heads are too ce gested and he, too, objected to signing a five-year agreement until it has Leen ascertained how this will work out. Mayor Jones and Council Member Gulley concurred with City Manager Martin's recommendation. City Manager Martin summarized the recommendation by stating that the Staff would be willing to approve this lease it the following items were included in the agreement: (1) self-insurance; (2) a one-year agreement he signed with an option to renew on an annual basis; (3) use on the land masses would be prohibited, but it could he tried on the land masses for a brief period of time; (4) limit the number of vehicles to twelve surreys in storage because this is City property; (5) control of signage. Mr. Polinard again expressed concern and urged that the five-year lease be approved since they have worked on it so hard and will have such a large investment in the project. Mayor- Jones staled that the Council is responsible for utilizing the bayfront properly and suggested that Mr. Polinard accept the lease with the limitations as set forth by the City Manager. Council Member Hawkins pointed out that there is an option to renew every year for five years. Mr. Michael O'Brien, Attorney representing Mr. Polinard, assured the Council that his client intends to provide ample insurance as recommended by City Manager Martin's Staff and the Risk Manager for the City and they plan to have the City co-insured on the policy. Ile referred to the one-year lease recommended and informed the Council that at the time they first went to the Park and Recreation Department, Mr. Dopson had informed them that he could issue a one-year permit at that time, but because of the substantial investment, they went through the proper procedures and appeared before the Marina Board to request the five-year lease. He noted that the Marina Board had unanimously approved the five-year lease and there evidently was no problem as far as they were concerned with use of the land masses. He stated that they did not plan to have all of the surreys stored on the seawall at one time and they planned to work with the Park and Recreation Department Director in designating the Minutes 'Regular Council Meeting February 23, 1983 Page 11 location of their concession. He expressed the opinion that citizens and tourists alike would enjoy this service and pointed out that there is a roller skating concession located on private property at this time, but users of that equipment continuously use the seawall and the land masses when roller skating. Fle again pointed out that the Marina Board and Mr. Tom Stewart of Traffic and Transit Department have approved their plan and he expressed the opinion that it would be difficult for them to purchase $30 1000 worth of surreys for just a one-year period. Council Member Hawkins stated that evidently the one-year contract is the best the Council can grant at this time. Council Member Zarsky inquired if there are any state laws that prohibit the use of the bicycle surreys on sidewalks, and City Attorney J. Bruce Aycock stated that there are no prohibitions for this type of vehicle except in the immediate downtown area and on bridges. Mr. Zarsky then pointed out that if the vehicles were rented from private property, there would be no way the City could prohibit their riding the surreys on the L -Head and T -Heads. City Manager Martin interjected that if they became a problem, it might be necessary to pass an ordinance to prohibit their use on the land masses. After further discussion, Mr. Polinard stated that he would accept the one-year lease but requested that it be approved on an emergency basis rather than on three readings. Council Member Zarsky stated that he would like to suggest that the vehicles be allowed on the land masses for a 30 -day trial period. City Manager Martin stated that it will be added as a condition of the contacts when they are prepared. It was the consensus of the Council that the ordinance authorizing the one-year lease agreement should be on a three -reading basis. Mayor Jones then called for discussion of Ordinance 27 which pertains to amending the Building Code to require the installation of automatic sprinkler systems in new buildings under certain circumstances. City Manager Martin briefly explained the reason for changing the Building Code for safety reasons. Minutes Regular Council Meeting February 23, 1983 Page 12 Mr. Bill Hennings referred to the publicity generated from several fires in other cities in which large numhcrs of people were fatally injured. He stated that the new hotels proposed in Corpus Christi are already advertising that they will use sprinkler facilities; the new City Hall will have sprinkler systems; and stated that the use of sprinkler systems will usually contain and keep fires small; explained that the present City Code does not have the requirement for sprinkler systems; and the Staff feels that all buildings taller than 75 feet should have complete sprinkler systems. hie stated that this is an informal national standard. Mr. Hennings continued by stating that the Building Code Board of Appeals and the City Staff disagree on one aspect of the ordinance in that the Board feels that it it is a residential building that can be served by exterior corridors and it is riot over 150 feet above the lowest level of Fire Department vehicle access, than it should be exempt from the requirement. He stated that the Staff does not agree with that section because the risk is greatest in residential buildings and that includes hotels. He stated that most people die in fires when they are asleep, and since the risk is greatest in residential buildings, it does not seem reasonable to grant exemptions for residential buildings. He also noted that the enforcing of such an exemption would he very difficult and the fact that such buildings are served by an open outside corridor does not really pertain to a fire situation, and explained that Fire Department Personnel cannot even come close to reaching a floor 150 feet above level. He also pointed out that most cities that have a sprinkler system requirement do not have this type of exemption or exception. He explained that the reason the Board made this recommendation for the exception is because some buildings have a concrete floor which also serves as a ceiling for the next floor and there would be no crawl space for the installation of the sprinklers. He stated that there might be some kind of modified system for the condominium building developers who really object to this change in that individual sprinklers could be installed in each room. Council Member Kennedy inquired about the number of floors in a 75 foot building, and Mr. Hennings replied that it would be six, seven or eight stories. Chief Ralph Rogers of the Fire Department stated that the Fire Department Minutes -Regular Council Meeting February 23, 1983 Page 13 personnel are limited to approximately 100' to 110' and they can handle six or seven floors but they only have one piece of equipment that can reach that high. He emphasized the fact that an aerial ladder is not a rescue tool -- it is a fire fighting piece of equipment and it takes too long to move the equipment for it to be effective in saving lives. City Manager Martin pointed out that one of the reasons for the sprinkler system is that there is a necessity to fight fires from the inside. Chief Rogers agreed, stating that all of the fires that have been successfully controlled in high-rise buildings have been from inside the buildings. Council Member Gulley expressed the opinion that residents in apartments and hotels should certainly be protected by the sprinkler system. Council Member Zarsky asked for an explanation of the installation of one sprinkler per room, and Chief Rogers agreed that that would be adequate. He stated that he would also recommend that the sprinkler should be installed in the hallway and common areas as well as each individual room. He expressed the opinion that sprinklers in the wall would also be safe. Mr. Hennings informed the Council that the construction cost of the sprinklers would be $1.50 per square foot; construction costs at this time are $60 to $70 per square foot; therefore, the additional $1.50 would be a nominal fee. A motion was made by Council Member Gulley that this ordinance be passed on first reading but that it be amended to include residential buildings as recommended by the Staff. Council Member Zarsky stated that he would second the motion if it could be amended to allow for the installation of wall sprinklers in residential buildings. Council Member Gulley agreed that that was his intention. Mr. Hennings stated that he was a little bit uncomfortable in having the Council approve something that is not in compliance with the national standards. Chief Rogers explained that each sprinkler head should cover 100 feet. The motion to amend the first reading of the ordinance pertaining to the Building Code passed unanimously. Mayor Jones called for comments from the audience on these three ordinances. Minutes Regular Council Meeting February 23, 1983 Page 14 Mr. John Wheeler, President of the Building Managers' Association of Corpus Christi, stated that the high-rise office building association is a member of a national group. He pointed out that in the past 75 years, there have been two fatalities in high-rise office buildings and he felt that sprinklers should be in residential buildings but office buildings have a good rate in fire protection and insurance premiums and he did not feel that there was quite as much danger in office buildings as in residential buildings. There were no further comments on the ordinances. City Secretary Read polled the Council for their votes and the following passed: ORDINANCE NO. 17494: AMENDING THE 1982-83 BUDGET BY CREATING A WORKERS COMPENSATION SELF INSURANCE FUND; CANCELLING CERTAIN APPROPRIATIONS, AND REAPPROPRIATING EQUIVALENT AMOUNTS; 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. FIRST READING: AUTHORIZING AN AGREEMENT WITH DAN FOLINARD FOR USE OF A PORTION OF THE BAYFRONT SEAWALL IN OPERATION OF A BICYCLE SURREY CONCESSION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, present; Turner, absent. FIRST READING: AMENDING SUBSECTION 506.1 AND 506.9 OF THE BUILDING CODE ADOPTED BY ORDINANCE NO. 15256 TO REQUIRE THAT ALL NEW BUILDINGS HAVING FLOORS MORE THAN 75 FEET ABOVE THE LOWEST LEVEL OF THE FIRE DEPARTMENT VEHICLE ACCESS SHALL BE PROVIDED WITH AN APPROVED AUTOMATIC SPRINKLER SYSTEM; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 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. 0*O*0*O*0*O*0*0*0*0*0*0*0*0*0*0*0* Mayor Jones announced the public hearing on the following matter: 28. Closing a portion of Calisto Circle and an approximate 100' section of Piedra Creek Drive in Willowood, Unit IV to include closure of a 10' wide utility easement between Lots 33 and 34, Block 3, Willowood Unit IV. The staff concurs in the closure request subject to a sanitary sewer line being relocated and the area being replatted. Assistant City Manager Lontos displayed a transparency showing the two streets in the Willowood, Unit IV Subdivision and stated that the developers had Minutes Regular Council Meeting February 23, 1983 Page 15 requested that a replat he considered but it is necessary to close these streets before the replat can be approved. Mr. Lontos pointed out the section of Piedra Creek Drive that they have requested to be closed and the cul-de-sac on Calisto Circle that they want to further extend to the limits of the subdivision. Pe also pointeci out the sanitary sewer line that the applicants wish to relocate. Mr. Lontos explained to the Council that the developers will dedicate the street right-of-way for the extension of Calisto Circle and they have agreed to relocate the sanitary sewer in the easement. No one spoke in regard to this street closing. A motion was made by Council Member Kennedy that the public hearing be closed, seconded by Council Member Gulley and passed unanimously. A motion was made by Council Member Kennedy that the requested street closings and easement closing be approved, seconded by Council Member Zarsly and passed unanimously by those present and voting. Mr. Lontos stated that the ordinance effecting the foregoing closures will he on the agenda the next week. o*o*o*o*o*o*c.*o*o*o*o*c*c*c*o Mayor Jones called for petitions or information from the audience on matters not scheduled un the agenda. Mrs. Elizabeth Paine, 714 Don Patricio Road, presented a petition from residents of Flour Bluff who stated that they would like to have the public hearing on the Flour Bluff Development Plan reopened so that they can address the Council in regard to the changes recommended by the Staff in the Flour Bluff zoning. City Manager Martin explained that the Council could take the position that they could open the meeting for public comments. He explained that if the public hearing is officially reopened, it will require 15 days notice and notification of property owners. He stated that the public would he provided an opportunity to speak before the ordinance is considered. Council Member Gulley and Council Member Kennedy assured Mrs. Paine that they would certainly not vote on the ordinance until everyone who wished to was allowed to speak in regard to the change of zoning in the Flour Bluff area. Mr. Ronald McGee, 434 Lynette, expressed opposition to a permit issued to Minutes Regular Council Meeting February 23, 1983 Page 16 the Texas Star Oil Company for the installation of an 8' by 12' sign, 30' high with walkways leading up to the sign to permit chancing figures on the sign located at the intersection of Waldron Road and Padre Island Drive. He stated that the sign is unsightly and is in violation of the City Code because the Building Division's personnel were not aware that the ladder would be installed adjacent to the sign. He also expressed opposition to a permit that was issued for a boat barn storage on Padre Island Drive which is unsightly on this street and he felt that the building should be up to City Code standards. He requested that the City Council examine these permits. Mayor Jones requested the City Manager to provide a report. C*o*o*c*O*O*O*O*o*.-.*o*O*o*"*o A motion was made by Council Member Gulley that the Council recess the Regular Council Meeting in order to convene in closed session to discuss pending litigation under the authority of Article 6252-17, V.A.C.S.; seconded by Council Member Dumphy; and passed unanimously at 4:03 p.m. O*u*O*i%*o*C*0*0*0*0*0*0*o*0*0 Mayor Jones reconvened the Regular Council Meeting at 6:05 p.m. There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Councii Member Dumphy and passed unanimously, the Regular Council Meeting was adjourned at 6:06 February 23, 1983. DZ/rr p.m.,