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HomeMy WebLinkAboutMinutes City Council - 03/09/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 9, 1983 2:00 P.M. PRESENT Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members Jack K. Dumphy **Bob Gulley *Herbert L. Hawkins, Jr. Dr. Charles Kennedy Cliff Zarsky Oou(r City Manager Edward Martin City Attorney J. Bruce Aycock Acting City Secretary Dorothy Zahn Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Charles Gailbraith of Grace Presbyterian Church, following which the Pledge of Allegiance to the Flag of the United States was Acting led by Council Member Cliff Zarsky. City Secretary Dorothy Zahn 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 Zarsky, seconded by Council Member Jack Dumphy and passed unanimously, that the Minutes of the Special Council Meeting of February 3, 1983 be approved. EMPLOYEE Waymann A. Sanders Reyes Ybarra Francisco R. Guzman Roy K. Klett David D. Berlanga DEPARTMENT Police Wastewater Street Transit Community Dev. POSITION YEARS OF SERVICE Patrolman Equipment Operator Equipment Operator II Transit Superintendent Property Advisor III * * * * * * * * 36 27 29 42 23 Mayor Jones called for Board and Committee appointments and reviewed those discussed during the morning Workshop Meeting. A motion was made by Mayor Pro Tem Betty Turner that the following appointments be confirmed, seconded by Council Member Zarsky and passed unanimously: BAY DRILLING COMMITTEE TERM Gene A. Carter (alternate) John Holmgreen (alternate) 12/31/83 12/31/83 MICROFILMED SEP 1 9 1984 ..lutes Regular Council Meeting March 9, 1983 Page 2 BUILDING STANDARDS BOARD TERM Frank Davila, Jr. 3/3/86 James Scrobarczyk 3/3/86 MARINA BOARD Sam Allen 2/28/85 Mary Ann Sinclair 2/28/85 Hank Snyder 2/28/85 MUSEUM ADVISORY BOARD Peggy May 9/1/86 * * * * * * * * * * * * * * Mayor Jones announced the bid opening on the following project: The St. Peter Street Half Street Construction Project. 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 Unit II Subdivision. Funding for the project will come from the 1982-83 Revenue Sharing Fund. Council Member Cliff Zarsky disqualified himself from the bid opening. Assistant City Manager James K. Lontos, P. E., opened bids on this project from the following firms: Asphalt -Concrete Paving Co., Hannes Construction Co., Heldenfels Brothers, Inc., Isles Construction Co., M & M Construction Co., Maverick Construction Co., and Guerra Construction Co. Mr. Lontos informed the Council that all of the bids included the required bid security bond and/or cashier's check. Mayor Jones expressed appreciation to the companies who 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. * * * * * * * * * * * * * Mayor Jones called for action from the Workshop Meeting and Council Member Bob Gulley made the following motion: That this City Council declare and so state that it will not authorize the construction of the new library anywhere on Shoreline Boulevard and furthermore that upon completion of the new City Hall adjacent to the old City Hall, the Utilities Building, the old City Hall and the City Hall annex will be demolished and that a study on the feasibility of demolishing the Exposition Hall be made and furthermore a library site will be acquired away from the Shoreline with construction to commence forthwith. It is the intention of this City Councilto never construct anything in the Shoreline median, north of City Hall other than artwork and appropriate landscaping furniture. This motion was seconded by Mayor Pro Tem Turner and passed by the following vote: Jones, Turner, Dumphy, Gulley and Kennedy voting "aye"; Zarsky "abstaining"; and Hawkins absent at the time the vote was taken. _nutes Regular Council Meeting March 9, 1983 Page 3 Assistant City Manager Bill Hennings displayed a drawing of the existing shoreline and stated that a total of 760 linear feet is obstructed now. He then displayed a proposed drawing with the new City Hall constructed, the old City Hall, Utilities Building and the City Hall Annex demolished and stated that only 330 linear feet would be obstructed. Council Member Kennedy stated that the Council realizes the importance of the shoreline and by reducing the obstruction and at the same time allowing a new City Hall, a continual preservation of what makes Corpus Christi beautiful would be obtained and would continue this way in perpetuity. Council Member Zarsky stated that he abstained on the motion because he wanted to wait until he had heard from the public. *Council Member Hawkins arrived at the meeting at 2:27 p.m. Council Member Kennedy read the following motion that was made during the Workshop Meeting: Selection of the site bounded by Comanche, Carrizo, Blucher and Artesian which is the site currently owned by Nueces County, as the site for the new Library, and further, that the City Council seek a closed session with Judge Bob Barnes and the County Commissioners to discuss land acquisition. Mayor Pro Tem Turner seconded the motion. Council Member Zarsky stated he would vote against this motion because he felt that input was needed from the Library Board. The motion passed by the following vote: Jones, Turner, Dunphy, Gulley, Hawkins and Kennedy voting "aye" and Zarsky "no". * * * * * * * * * * * * * * * Mayor Jones called for consideration of the consent motions and inquired if the Council had any questions in relation to these items. 1. Bids be received March 29, 1983 for twelve months service contract for auctioneering service for the sale of abandoned and unclaimed property collected by the Police Department and surplus City property such as automobiles, trucks and equipment. Bidders will state a percentage of gross sales to be paid for the service. 2. Bids be received March 29, 1983 for one five ton gantry with electric hoist and trolley for Maintenance Services and three sets general maintenance tools for the Fire Department. Both items are included in the 1982-83 Budget. The hoist for Maintenance Services will be used in the new Heavy Equipment Building under construction to remove engines and transmissions, etc. for repair. 3. Bids be received March 29, 1983 for a replacement 16,500 GVWR cab & chassis with utility body and vertical lift platform for Traffic Engineering. This unit is included in the 1982-83 Budget. 4. Specifications for reroofing Fire Station No. 13 on Waldron Road in the Flour Bluff portion of the City be approved and bids for this project be received on March 30, 1983. autes Regular Council Meeting March 9, 1983 Page 4 5. Plans and specifications be approved for the construction of clarifier modifications to the existing chlorine contact chamber, process piping and electrical work and bids be received on April 6, 1983. Equipment for the clarifier has been purchased by separate contract and scheduled to be delivered in May, 1983. The construction of the clarifier and the installation of the equipment, together with the improvements of the aeration lagoon, would provide interim treatment of wastewater at the Allison Plant during the construction of the permanent improvements which are expected to begin during the latter part of the year. 6. Bids be received April 12, 1983 for 22,700' of replacement 1", 1 3/4", 3" and 5" fire hose and accessory valves and adapters for the Fire Department. *7. Twelve months supply agreement for gasoline be approved with Susser Petroleum as follows, based on best bid. Susser Petroleum conditioned their bids as all or none. Their total bid is $1,168,557.00 compared to the low total split award of $1,168,154.00 to Texaco and Crystal Petroleum. The difference of $403.00 or .03%, does not warrant administering two contracts instead of one. Regular - Transport: 850,000 @ $.8049 Tankwagon: 80,000 @ .8349 Unleaded- Transport: 495,000 @ .8347 Tankwagon: 5,000 @ .8649 $684,165.00 66,792.00 413,275.50 4,324.50 $1,168,557.00 Six bids were received. Price comparison shows a decrease of 14% since the last bid in June, 1982. 8. A twelve months supply agreement for approximately 205,000 lbs. of hydrogen peroxide for Wastewater Services be awarded to E. I. Dupont de Nemours, Houston, on the basis of low bid of $0.3232 per pound or $66,256.00. This award has an option to renew for twelve additional months upon approval of the City and seller with a price adjustment based on the Producers Price Index for industrial chemicals. Two bids were received. Price comparison shows an increase of 6.6% since the last award in March, 1982. The chemicals are used for odor and corrosion control and in-line treatment at the Broadway and Westside treatment plants and the McArdle truck main. 9. Approving the purchase of a tractor loader backhoe for the Water Division based on low bid from Gulfside, Inc., Corpus Christi, for $22,556.00. Price has decreased approximately 38% since the last purchase in March, 1982. Five bid invitations were issued and three bids were received. The equipment is included in the 1982-83 Budget and will replace a unit which is over 10 years old. Mayor Jones inquired about why there was a decrease on the purchase of the backhoe and City Manager Ed Martin stated that it was due to factory rebates and the local dealer was overstocked. 10. Approving the purchase of one additional trailer mounted highway heater/patcher for the Street Division on the basis of low bid from B & R Equipment Co., Corpus Christi, of $5,345. Five bid invitations were issued and five bids were received. The equipment is included in the 1982-83 Budget. 11. Approving the purchase of three replacement and one additional self-propelled walk behind vibratory rollers for the Street Division based on low bid from Safeway Scaffolds, Corpus Christi, of $24,400.00. Prices have increased 8.5% since the last purchase in March, 1981. Nine bid invitations were issued and five bids were received. The three units being replaced are more than 10 years old. The additional unit is for the additional patching crew in the 1982-83 Budget. * Withdrawn - see page 6 _flutes Regular Council Meeting March 9, 1983 Page 5 12. One 450 hp electric motor for Pump No. 3, Cunningham Plant, be purchased from Bradley's Inc., Corpus Christi, on the basis of low bid of $9,700. Five bid invitations were issued and four bids were received. A non-operable motor in a pump at the Plant will be replaced. 13. Approving the purchase of six replacement 60 PTO horsepower Utility Tractors for Street (3), Parks (2), and Aviation (1) on the basis of low bid from Gulfside, Inc., Corpus Christi, of $73,927.00. Eight bid invitations were issued and six bids were received. Prices reflect a 4% decrease since the last purchase in July, 1982. The tractors are included in the 1982-83 Budget and are used for power mowing and pulling compaction equipment. 14. A 17' Marina Patrol Boat be purchased from Gulf Coast Marine, Corpus Christi, on the basis of low bid of $9,663.00. Three bid invitations were issued and two bids were received. This will replace the current 16' Patrol boat which was purchased in 1972, has over 1200 hours of service and is in need of extensive repairs. 15. The lot acreage fee for water and sanitary sewer required in accordance with the City's water and sewer policy not apply to the Wood River development because the development was planned under specific agreement with the City of Corpus Christi which included water extensions and annexation. 16. Authorizing the City Manager to sign the amended agreement with the WIC (Women, Infants & Children) Program to improve reimbursement for services. Reimbursement for services will increase 20%. Other conditions remain essentially unchanged. 17. Authorizing the City Manager to execute an agreement with Central Power and Light Company providing that improvements owned by Central Power and Light and located on land included within Industrial District Nos. 1, 6, 10, 15, 19 and 21 be subject to all provisions of the industrial district agreement which relates to said Industrial District, including the obligation to remit payments in lieu of ad valorem taxes to the City. Mayor Jones inquired if there were any comments from the audience on the Consent Motions. Mr. Dale Wilkerson, Marketing Manager for Texaco, 5333 Everhart, spoke regarding item 7 and stated that when the City advertised for bids it was stated that bidders could bid on all or some of the items. He stated that Susser Petroleum based their bid on all or none of the items and wrote a letter asking for this; based on the tabulation of bids Texaco would be low on transport, thus effecting a savings of $1,210.50. He asked the Council to review this and use their best judgement. Mr. F. D. Glenn, Purchasing Agent, stated that when the bids are this close they contact the bidders to see if they will take a split bid. The Purchasing Department contacted Susser Petroleum and Susser stated that they would not accept a split bid. He stated that a difference of $403 savings did not warrant awarding a split bid to Texaco and Crystal because of the cost of processing two contracts. _nutes Regular Council Meeting March 9, 1983 Page 6 Mayor Pro Tem Turner asked if the original bid specifications stated that only a bid of all or none would be accepted, and Mr. Glenn stated that they did not and Texaco was not contacted because they bid on transport only. Mrs. Turner also inquired what the difference was on the two lowest bids, and Mr. Glenn replied that it was $1,210. Mayor Jones inquired if the City could readvertise for bids and Mr. Glenn replied that they could, but he would check on the date that this could be done. Mrs. Turner stated that she felt Texaco would have bid on all items if they had known the rules were going to be changed, and Mr. Glenn stated that if the bidders do not condition their bid, the Purchasing Department considers what is best for the City. Council Member Gulley stated that the award should go to the low bidder because it saves the taxpayers money. A motion was made by Council Member Zarsky to reject all bids and to receive bids again, seconded by Mayor Pro Tem Turner. Council Member Gulley stated that if the bidders do not want to bid split then they should just not bid. A motion was made by Mayor Pro Tem Turner to approve the consent motions, items 1 through 17, with the exception of item 7; seconded by Council Member Kennedy; and passed unanimously. * * * * * * * * * * * * * * * Mayor Jones stated that it was obvious there were several people in the audience who wished to address the motions made regarding the new City Hall and Library. He then deviated from the regular order of the agenda and asked for comments from the audience on these two motions only. Mrs. Pat Duaine, 4909 Branscomb, stated that she had been at a meeting at the Unity Church and everyone at the meeting was opposed to any buildings on the median and indicated that since it was a matter of funds, many people stated that they would donate money and conduct fund raising events to purchase land for the new City Hall. She urged the Council not to build a monument of their indifference to the voice of the people. Mrs. C. A. Gregg, 308 Katherine, stated that the City would be better served by a City Hall with room for expansion. She then read from a petition opposing any buildings on the bayfront. .nutes Regular Council Meeting March 9, 1983 Page 7 Mr. Jack Gordy, 5802 Everhart, stated that temporary buildings that were built on the shoreline 40 years ago were still in existence today. He urged passage of an ordinance that would bind future Councils to the motion that was made today and that a timeframe be approved for demolition of existing buildings. Mrs. Fredericka Casillas, 3301 S. Staples, stated that the proposed site for the new City Hall is too valuable and she does not see the rationality of this motion. Mr. Tom Hunt, representing the Taxpayers Association, stated that this issue should be put on the ballot in August. He also stated that a moratorium should be placed on all major projects and expenditures until after the August election including the new City Hall, Library and the land mass. Mrs. Mary Slavy stated that she felt a public hearing on this matter should be conducted, similar to that held by the Corps of Engineers on the Deeport issue. Council Member Hawkins asked about the possibility of having a public referendum, and Mayor Jones stated that the City could put anything they wanted on the August 13 ballot. A motion was made by Council Member Hawkins that public referendum elections be placed on a future Workshop Agenda, seconded by Mayor Pro Tem Turner. Council Member Hawkins clarified his motion to not include the current issue and Council Member Zarsky stated that he would vote against the motion if it is not amended to include the current issue. Council Member Hawkins stated that he is not excluding today's issue and the motion then passed unanimously. Council Member Gulley stated that when the issue of a new City Hall was first discussed 8 or 9 months ago, it was in the newspaper that it would be built on the present location; the Caller -Times did not oppose the site or the building; $10 million in Industrial Revenue Bonds were to be used and no one voiced any objections. He pointed out that if it is constructed on the present site and the other buildings are torn down, there will be 440 more feet of unobstructed view of the Bay. Council Member Dumphy stated that the City currently leases buildings and if the new City Hall is built, a substantial savings would result. He also stated that the Council has asked the staff to devise a zoning plan for the bayfront that would allow no buildings and the only way it could be changed .notes Regular Council Meeting March 9, 1983 Page 8 would be by the voters of the City. He also stated that if the new City Hall is not built now and the other buildings demolished, then there won't be a new City Hall. He continued by stating that it would be easier for this Council to do nothing on this issue, but they are doing something about the situation and they have been chastised for this. Mrs. Mary Rhodes, 5317 Riveroaks, stated that she agrees with the concept of a new City Hall, but not on the bayfront. She inquired if the Council believed that a few people do not want the City Hall on the bayfront, or if they knew the people don't want the City Hall on the bayfront and just don't care. She also stated that, according to the plans, after the new City Hall is built it will be filled to capacity. Council Member Dumphy stated that in 1970 the voters defeated the idea of combining the City and County governments and Mrs. Rhodes replied that that issue should go before the voters of today. Mayor Jones asked Mrs. Rhodes if she thought the people signing the petition would have signed if they were aware of the large cost involved in acquiring land to locate the City Hall elsewhere, and she stated that she did not think they would have. Mr. Westbrook, 3150 Meadow Drive, stated that when the bayfront was established there was a stipulation for no buildings; the bayfront is the biggest asset the City has; and if it requires giving a private developer use of the land, it must not be profitable. Mr. Ricardo Gonzales, a former Council Member, stated that when he was on the City Council in 1973-75, that Council had ideas of establishing a new City Hall and purchased all the land they could on North Beach, but they could not purchase the land in the Glasscock Landfill. He expressed the opinion that a referendum should be called on the issue of buildings on the shoreline. Mr. Norm Thomas presented a petition with over 2,000 names against the construction of any new buildings on the shoreline. He stated that the people should have a voice regarding bayfront development. He stated that a multi -governmental complex would be a practical idea. Council Member Hawkins stated that he thought this issue should be a public referendum. Mr. T. Frank Smith stated that he would be willing to pay more taxes for a new City Hall. _nutes Regular Council Meeting March 9, 1983 Page 9 Mr. Tony Bonilla informed the Council that he did not think anyone would dispute the fact that a new City Hall is needed; they are to be commended in their efforts to centralize all City offices; agreed that under the proposed plan there would be 400 additional feet of open space, although 1,500 feet would be more desirable; and the idea of a governmental complex is very attractive. Mr. Ed Harte, 222 Ohio, agreed with Mr. Bonilla's statements and stated that the buildings on the shoreline should never have been constructed. Council Member Kennedy stated that in order to acquire land for a new City Hall it would require a bond issue and he was not sure how long it would take to have a bond issue of this size. Mr. Bill Darby, 622 John Lee, expressed the opinion that City Hall should be located elsewhere because of the risk of hurricane damage and Mayor Jones stated that City Hall has withstood three hurricanes. Mrs. Mary H. Dunham, 200 Chenowith, expressed the opinion that the land is too valuable for public buildings. Victoria Sloan, 412 King, expressed the opinion that the new City Hall should be located on the hill. Mr. Charles Nichols, 1547 Lea Lane, stated that an overwhelming majority of the population is against building City Hall on the present site. He urged the Council to rescind their decision to build City Hall on the shoreline and further stated that he would support a bond election on this issue. Mayor Jones asked Mr. Nichols if he thought a bond issue would pass and Mr. Nichols expressed the opinion that it would pass and stated that opposition to the issue would probably be non-existent. Mr. Bill Miller stated that it is evident that everyone is against City Hall being built on the bayfront and urged that a schedule of demolition be brought forward and to include Memorial Coliseum. He stated that it would be shortsighted to think that the proposed City Hall would last 20 years. Mayor Jones recognized Mr. Bill Pickery in the audience. Mr. Pickerly stated he is with the Council for the Deaf and invited the Council to groundbreaking ceremonies for the Deaf Community Center on March 18, 1983 at 10:00 a.m. Mrs. Joyce Isenberg, 4634 Jarvis, expressed the opinion that no buildings should exist on the bayfront, that there should be an open green area. She _nutes Regular Council Meeting March 9, 1983 Page 10 feels that the Council is handing the people one thing but taking away something else. Mr. Lewis Lovelace, 1549 Casa Grande, stated that the Council didn't recognize the fact that there is a revolution on this matter. He reminded the Council that in November of 1982 he had urged the Council to find out if the people wanted a bond issue for a new City Hall and now the Council is going to build a new City Hall in defiance of the people. He urged that a referendum election be conducted on this issue. Mr. Ron Magee, 434 Linnett, stated that on the Channel 3 opinion poll the question was asked if there should be public buildings on the bayfront and the response was 256 yes and 864 no. He stated that City Hall should be built on the hill and Memorial Coliseum should be used for an open air skating rink. Mr. J. E. O'Brien, 4130 Pompano, stated that a public hearing was held by the architects and staff members, not the City Council. He stated that a governmental complex should be built on the hill and the Council has taken the first step in the right direction. Mayor Jones inquired if the Taxpayers Association would support a bond issue and Mr. O'Brien stated that the board of the Taxpayers Association makes all of the decisions and they would place this on their agenda for discussion next Tuesday, but that they would need specific information before they could support any bond issue. **Council Member Gulley departed the meeting at 4:40 p.m. Mr. Hank Snyder, 3636 Ocean Drive, stated that it was about time someone congratulated the Council for trying to do the right thing for the City of Corpus Christi and not for OPUS, the League of Women Voters, LULAC or some other organization. He stated that the City is trying to "Up Downtown" and the new City Hall should be built downtown. Mr. Dan Polinard, 1504 Austin, Portland, Texas, thanked the Council for listening to the public and their concerns. * * * * * * * * * * * * * * City Manager Martin informed the Council that the date to readvertise for bids in regard to item 7 would be March 29, 1983 and the previous motion made by Council Member Zarsky passed by those present and voting. * * * * * * * * * * * * * * _flutes Regular Council Meeting March 9, 1983 Page 11 Mayor Jones called for the Consent Ordinances and Ordinance from previous meetings. City Manager Martin stated that he would like to withdraw ordinance 20, regarding an appraisal contract for the Furman Street School Area Improvements, at this time and the Council indicated their concurrence. In regard to item 27, relating to ambulance driver permits, Mayor Jones asked if these were union drivers and City Manager Martin stated that this involved private ambulance drivers only. Mayor Jones inquired if there were any comments from the Council or audience on the consent ordinance and there was no response. Acting City Secretary Zahn polled the Council for their vote and the following ordinances were approved: 18. ORDINANCE NO. 17511 DETERMINING THE NECESSITY FOR AND ORDER THE IMPROVEMENT OF: Washington Coles Area, Phase III 1. Lake Street, from N. Staples St. to Cabra St. and from Waco St. to Cabra St. 2. Cabra Street, from Lake Street to Chipito Street, 3. Chipito Street, from Waco Street to San Juan Street, and 4. San Luis Street, from Ramirez Street to West Broadway. AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting "aye"; Gulley "absent". 19. ORDINANCE NO. 17512 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: Washington Coles Area, Phase III 1. Lake Street, from N. Staples St. to Cabra St. and from Waco St. to Cabra St. 2. Cabra Street, from Lake Street to Chipito Street, 3. Chipito Street, from Waco Street to San Juan Street, and 4. San Luis Street, from Ramirez Street to West Broadway. 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 APRIL 6, 1983, AT 3:00 P.M., IN THE CITY COUNCIL CHAMBERS IN CITY HALL; AND DECLARING AN EMERGENCY. 20. (Withdrawn - See Page 11) 21. ORDINANCE NO. 17513 AUTHORIZING APPRAISAL SERVICES WITH SIDNEY H. SMITH III FOR THE ACQUISITION OF FOUR PARCELS IN CONNECTION WITH THE PURDUE ROAD STREET IMPROVEMENTS, PHASE II; APPROPRIATING $1,695 FOR THESE SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting "aye"; Gulley "absent". _nutes Regular Council Meeting March 9, 1983 Page 12 22. ORDINANCE NO. 17514 APPROPRIATING $5,561.09 OUT OF THE NO. 102 OF SELLING $10,525,000 GENERAL IMPROVEMENT The Charter Rule was suspended and the following vote: Jones, Turner, Dumphy, "aye"; Gulley "absent". 23. ORDINANCE NO. 17515 GENERAL FUND TO PAY ADDITIONAL COSTS BONDS; AND DECLARING AN EMERGENCY. foregoing ordinance passed by the Hawkins, Kennedy and Zarsky voting APPROPRIATING $52,986.09 OUT OF VARIOUS BOND FUNDS FOR EXPENSES IN CONNECTION WITH THE SALE OF $10,525,000 GENERAL IMPROVEMENT BONDS, SERIES 1983; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting "aye"; Gulley "absent". 24. ORDINANCE NO. 17516 ANNEXING A PARCEL OR TRACT OF LAND, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER ARTICLE I, SECTION 2(c), PROVIDING FOR THE ANNEXATION TO THE CITY OF CORPUS CHRISTI ROADS, HIGHWAYS, AND STREETS ADJACENT AND CONTIGUOUS TO THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting "aye"; Gulley "absent". 25. ORDINANCE NO. 17517 ANNEXING A 5.10 ACRE TRACT OF LAND ABUTTING BURLESON STREET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and "aye"; Gulley "absent". 26. ORDINANCE NO. 17518 ANNEXING A 34.22 ACRE TRACT OF LAND OUT OF GARDEN TRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the following vote: Jones, Turner, Dumphy, "aye"; Gulley "absent". 27. FIRST READING passed by the Zarsky voting THE FLOUR BLUFF AND ENCINAL FARM AND foregoing ordinance passed by the Hawkins, Kennedy and Zarsky voting AMENDING THE CODE OF ORDINANCES, SECTION 57-179, PERTAINING TO AMBULANCE DRIVER PERMITS, TO DELETE THE REQUIREMENT FOR A PHYSICIAN'S STATEMENT, AND PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting "aye"; Gulley "absent". 28. SECOND READING AMENDING SECTION 2-223 OF THE CITY CODE PROVIDING FOR A TRANSPORTATION ADVISORY BOARD; PROVIDING A REPEALING CLAUSE; PROVIDING SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting "aye"; Gulley "absent". _nutes Regular Council Meeting March 9, 1983 Page 13 29. SECOND READING APPROPRIATING THE SUM OF $95,100.00 OUT OF THE 209 COMMUNITY CONVENTION FACILITY BOND FUND FOR PROJECT NO. 209-76-1.3, CONVENTION CENTER EQUIPMENT, AND AUTHORIZING THE PURCHASE OF CONVENTION CENTER EQUIPMENT AS SHOWN ON THE ATTACHED EXHIBIT "A". The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting "aye"; Gulley "absent". 30. SECOND READING AUTHORIZING THE EXECUTION OF A THREE-YEAR LEASE AGREEMENT WITH WILLIAM SNELL FOR CHARTER BOAT SERVICE OFFICE SPACE ON THE L -HEAD. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting "aye"; Gulley "absent". 31. ORDINANCE NO. 17519 AUTHORIZING AN AGREEMENT WITH DAN POLINARD FOR USE OF A PORTION OF THE BAYFRONT SEAWALL IN OPERATION OF A BICYCLE SURREY CONCESSION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting "aye"; Gulley "absent". 32. ORDINANCE NO. 17520 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 third time and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting "aye"; Gulley "absent". 33. ORDINANCE NO. 17521 AUTHORIZING A TRACT OF LAND The foregoing vote: Jones, "absent". LEASE AGREEMENT WITH MR. AND MRS. J AT 12930 HEARN ROAD. ordinance was read for the third ti Turner, Dumphy, Hawkins, Kennedy an IM WILLIAMSON FOR A 26.93 ACRE me and passed by the following d Zarsky voting "aye"; Gulley * * * * * * * * * * * * * * Mayor Jones called for action by motion on the Regular Agenda. 34. The request of Travel Unlimited to lease space at the Corpus Christi International Airport be denied. The Staff and the Airport Advisory Board have discussed this request and denied it since space is not available at the present time. Should space become available, the Staff would proceed with requesting bids for the leasing of space for that purpose in the future. City Manager Martin stated that he had reviewed the material to lease the space at the airport and the staff was not offering a guarantee of a lease. He stated that if the City is going to lease space at the airport, it must go out for bids. _nutes Regular Council Meeting March 9, 1983 Page 14 Mayor Jones stated that common sense would dictate that allocating that kind of space would require receipt of bids. Mr. Don Stacy of Travel Unlimited stated that he thought Jerry Sealy did a good job, but in the future if there are prospective tenants, they should be told that the Airport Manager does not have the authority to lease space. He stated that he had been shown the lease space that would be available and prices had been quoted to him. He further stated that he shook hands with Mr. Sealy to confirm the agreement and was under the impression that he had a firm commitment and was awaiting the preparation of the legal documents. He stated he had asked Mr. Sealy if there would be any problem in relocating his business because he needed to place his advertisement in the Yellow Pages and he was told to go ahead with his plans. He was then informed to send a letter to the City setting out the agreement and the City would then reply. He stated that he proceeded on the good faith of the City and went ahead with his planning, i.e., Yellow Page ads, hiring and training extra staff, lease of a video marketing machine, negotiated telephone equipment purchases and computers. He stated that never once were they told they were not talking to the people who had the authority to lease space. He stated that in January he got a letter informing him that it was the policy to lease space at the Airport through the receipt of bids and Mr. Sealy suggested to him that he go before the Airport Advisory Board, which he did, and was informed that this should go before the Council. He stated that the same kind of error was made with the automatic teller machine that is now in operation at the airport and corrections were made then. He summarized his statements by stating that he cannot afford to lose any more money and asked the Council for their support. Council Member Kennedy stated that the situation is unfortunate, but that with call forwarding the problem of the telephone could be solved. Mayor Pro Tem Turner stated that she felt the current policy to lease space by bids is a good policy and inquired if the City would be responsible to citizens who acted in good faith. City Manager Martin stated that if the City had entered into an agreement they would be legally bound. He stated that from reading the memorandums and letters, bad judgement was used on the part of the staff, but he would not want to restrict staff members from discussions that would lead to better things for the City. _nutes Regular Council Meeting March 9, 1983 Page 15 Council Member Zarsky asked Mr. Aycock if the City was liable for damages and if there were any court cases involving this type of situation and Mr. Aycock stated that there is a substantial difference when a governmental entity is involved. Mr. Jerry Sealy, Airport Manager, then explained the sequence of events that evolved and stated that at the time the space was shown and at this time they do not have control over space occupied by Southwest Airlines. Mayor Jones inquired if Mr. Sealy had indicated that there would have to be a new policy or the City would have to go out for bids. City Manager Martin stated that January was the first time that official notice was given to Mr. Stacy about the bidding procedure. Mayor Jones stated that he did not wish to make any more remarks regarding this in the event the City gets involved in litigation. Mayor Pro Tem Turner stated that she felt the City should attempt to rectify the situation with Mr. Stacy Council Member Kennedy expressed the opinion that the City needs to determine if this service is needed at the Airport and if it is in the best interest of the City. Council Member Dumphy stated that the matter with the automatic teller machine was a mistake on the staff's part; it is now at the airport; no bids were received and now they don't want to rectify this situation, which is basically the same. He continued by stating that employees should tell people upfront that they cannot lease space without the Council's approval and that the City has some obligation to Mr. Stacy. He stated that the Council needs to find out if this type of service is needed at the airport and if so talk to Mr. Stacy first about lease of space for this purpose. A motion was made by Council Member Zarsky to submit the necessity for this service to the Airport Advisory Board and if a determination is made that this would be of value to the City, give the lease to Mr. Stacy; seconded by Council Member Dumphy. Mayor Jones stated that he feels the City should go out for bids. Council Member Kennedy stated that if there is a need for one agency at the Airport, there might be a need for two and if that is the case the City could then go out for bids on additional agencies. .nutes Regular Council Meeting March 9, 1983 Page 16 Mayor Pro Tem Turner made an amendment to Mr. Zarsky's motion that if there is a need for more than one agency, the Council will then go out for bids. The motion and the amendment passed by the following vote: Turner, Dumphy, Kennedy and Zarsky voting "aye"; Jones "no"; Gulley and Hawkins "absent". * * * * * * * * * * * * * * 35. Selection of a site for the new Central Library. City Manager Martin stated that this had been acted upon earlier in the meeting. 36. Consideration of an appeal by Drury Inns, Inc. of Cape Girardeau, Missouri, for Industrial Revenue Bond (IRB) financing to build a 132 -unit inn on the northeast corner of Leopard Street and South Padre Island Drive. Mr. Jimmy Welder, Attorney, stated that he needed a clarification on the policy of the Council on the issuance or IRS's and that he was told by Mr. Tom Utter, Assistant City Manager, that there is a 6 month moratorium on financing outside of the Central Improvement District. He informed the Council that Drury Inns need to know because they have applied for IRB financing to build a 132 -room motel on the northwest corner of Leopard and Padre Island Drive. City Manager Martin stated that on September 22, 1982, the Council had directed the staff to not bring forth any applications for a 6 -month period. Mr. Welder stated that the 6 -month period would expire March 22, 1983. A motion was made by Council Member Kennedy that the Council not receive any IRB requests outside of the Central Improvement District and that the staff not solicit applications inside the Central Improvement District, seconded by Council Member Zarsky. Council Member Dumphy stated that the Council had approved the 6 -month moratorium because they wanted to see what would happen in the downtown area and further stated that the Council should not set a time limit on this. A motion was made by Mayor Pro Tem Turner to delete the portion of the previous motion regarding solicitation of applications; seconded by Council Member Zarsky. Both motions passed by the following vote: Jones, Turner, Dumphy, Kennedy and Zarsky voting "aye"; Gulley and Hawkins "absent. * * * * * * * * * * * * * * 37. Consideration of pending state legislation. Deputy City Manager Ernest Briones stated that S.B. 263 would allow the state to reimburse cities for a portion of the cost of furnishing public safety and emergency medical services to state facilities within their boundaries and _nutes Regular Council Meeting March 9, 1983 Page 17 that Mayor Richard Stewart of Denton has suggested the formation of a consortium of cities that would benefit from this bill. Mayor Jones stated that he did not think the City should join the consortium. A motion was made by Council Member Kennedy that the City not support nor oppose S.B. 263; seconded by Council Member Zarsky; and passed unanimously. * * * * * * * * * * * * * * Mayor Jones called for action by ordinances. In regard to ordinance 38, Assistant City Manager James K. Lontos displayed a map of the area and explained the drainage and the provisions of the agreement. He stated that T -Bar -M was asked to participate in this agreement but they declined to do so. Mayor Jones inquired if there were any comments from the audience on this ordinance; there was no response; Acting City Secretary Zahn polled the Council for their vote; and the following ordinance was approved: 38. ORDINANCE NO. 17522 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SMITH ESTATE TRUSTEES AND OTHER PERTAINING TO THE WOOLDRIDGE - STAPLES DRAINAGE CHANNEL; APPROPRIATING FUNDS FROM VARIOUS BOND FUNDS FOR THIS AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Kennedy and Zarsky voting "aye"; Turner, Gulley and Hawkins "absent". * * * * * * * * * * * * * * City Manager Martin stated that item 39, regarding a special permit for Ken Combs, would have to be withdrawn until next week since it takes five votes of the Council to approve this and the Mayor is disqualified from voting on this case. * * * * * * * * * * * * * * Mayor Jones stated that the motion made earlier in the Workshop Meeting and voted upon and passed during the beginning of the Regular Meeting regarding the new City Hall, was still in full force and effect. * * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following matter: 40. Reopened public hearing on the closure request of a 20 -foot strip of Airline Road on behalf of the Lakewood Village Council of Co-owners. The December 8, 1982 hearing was tabled indefinitely because one of the two applicants in the street closure request filed suit against the City relative to assessments. The Staff recommends that abutting owners be charged for the return of the right-of-way an amount equal to the value of the part needed along Holly Road unless the strip needed along Holly Road is dedicated to the public in return for the strip along Airline; otherwise _flutes Regular Council Meeting March 9, 1983 Page 18 the Staff recommends denial. Mr. Lontos displayed a transparency of the area and stated that previously the Council had postponed any action on this because of the lawsuit filed by Oscar Spitz. Council Member Kennedy asked why the additional right-of-way was needed on Holly Road and Mr. Lontos stated that the staff had indicated the need for the additional R.O.W. because Holly Road will be a 40' wide road because of the commercial use of the property. Council Member Zarsky inquired if what the City is doing is acquiring the strip on Holly Road and closing the strip on Airline and if the City had the authority to sell the right-of-way back and City Attorney Aycock stated the City was within their legal rights and that Oscar Spitz has filed suit regarding the assessments only. Mayor Jones inquired what the alternatives were and Mr. Lontos stated that 1) The City can close the right-of-way and retain the easement; 2) in the future, buy the right-of-way on Holly Rd. or close the right-of-way and dedicate an easement on Holly Road or 3) Place a value of what the right-of-way on Airline Road is worth and sell it back to the abutting property owners and use that money to acquire right-of-way on Holly Road. He suggested any one of the alternatives as a solution. Mayor Jones called for comments from the audience. Mr. John Buck, 1702 Santa Fe, stated he represented the Lakewood Village Property Owners Association and they wanted this closure considered separately from any matters with Oscar Spitz. He stated that the association has spent approximately $22,000 for street widening along the front of the Village and would like this strip of right-of-way to revert to the property owners. Council Member Zarsky stated that he is not sure why the organization wants the property back, but he has reservations because it would then give Mr. Spitz a good reason for wanting the same treatment. Mr. Buck stated that he did not want to get involved with Oscar Spitz. Council Member Zarsky stated that he did not see the urgency of this matter. Mr. Buck informed the Council that the Village had constructed a fence along this right-of-way; they had to remove it for the road work; and they would like to reconstruct the fence but are hesitant in view of the fact the City might have them remove it again. _nutes Regular Council Meeting March 9, 1983 Page 19 Council Member Zarsky stated that an agreement should be signed stating that it is not the Village's property but they can build their fence and Mr. Buck stated that the association would be agreeable with that. Mr. Lontos stated that this would be a satisfactory solution, a revocable easement, and stated that the staff had recommended denial because if it was closed, this would be establishing a precedent for Oscar Spitz. A motion was made by Council Member Kennedy to close the hearing, seconded by Council Member Zarsky and passed unanimously. A motion was made by Council Member Zarsky that a revocable easement be approved between the City and Lakewood Village, seconded by Council Member Dumphy; and passed unanimously. * * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following matter: 41. Closure request for Lum and Nolan Avenues including appropriate easements within the subdivision in Sherwin Place Subdivision. These two streets currently deadend west of McArdle Road between the Sunrise Mall and the Mt. Vernon Shopping Center. The area will be used to expand the shopping center. Assistant City Manager Lontos displayed a transparency of the areas to be closed and stated that all of the lots had been purchased by Mr. Roy Smith and the streets that exist are no longer needed and the closure will allow for expansion of the area for commercial use. He stated the staff has no objections to the closures, but there is some cost involved in closing off utilities in the easements and the property owners will pay for this; the property must be replatted; the cost for straightening the intersection should be paid for by the property owner; at the present time these easements are of great value to the developer; and he questioned if they should be charged for the right-of-way. Council Member Zarsky stated that these are not through streets so there should be no payment for the right-of-way because the developer dedicated it in the first place and the City should be reimbursed for its expenses only. City Manager Martin stated that there is no firm recommendation regarding payment for street closings; the City will have to spend a great deal of money in that area; a street will have to be opened for traffic circulation; and the City needs to determine if this is a community benefit through taxes that will be generated and whether the community should pay for the street. Mr. Clifford Cosgrove stated that the City should be paid for the streets and the Mayor replied that the City did not pay for the streets when this area was developed. .nutes Regular Council Meeting March 9, 1983 Page 20 A motion was made by Council Member Kennedy to close the hearing, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Council Member Kennedy to close the streets as recommended by the staff, seconded by Mayor Pro Tem Turner and passed unanimously. Mr. Lontos stated that the ordinance would be on the agenda next week. * * * * * * * * * * * * * * Mayor Jones called for petitions from the audience and asked that those who were not here to speak on the KISS concert address the Council first. Mr. Clifford Cosgrove spoke regarding the assessment policy of the City and stated that the City should charge property owners when a street or easement is closed and then reverted to the abutting property owner. Mr. John Green stated that he had a lease with the City on Tract 5 of the intracoastal waterways and stated that he was not treated fairly and presented a petition asking that his lease be reinstated. Assistant City Manager Hennings stated that there are certain specifications that still needed to be worked out and Mayor Jones requested an updated report on this matter. Mrs. Victoria Sloan, 412 King, supported Mr. Green's statements and the Mayor informed her that Mr. Green could bid on this. Mayor Jones asked City Manager Martin to make some comments regarding the booking of the rock and roll group KISS in Memorial Coliseum on March 14, 1983. Mr. Martin stated that the City owns Memorial Coliseum and leases it and there are certain requirements that must be met regarding what type of security is needed, payments and general operating regulations. He stated that anyone who is lawful can rent these facilities and the City has the right to prohibit any group that has a record of law violations in other cities or in this City. He stated that as long as the coliseum is for rent and as long as the groups meet the standards which are set, the City cannot make judgements about the kind of group or what they stand for. He stated that the City is not a private corporation and cannot pick and choose its customers. Council Member Kennedy inquired if there was a health aspect regarding noise level, and City Manager Martin stated that the City could impose such a standard legally. Mayor Jones called for comments from the audience. _mutes Regular Council Meeting March 9, 1983 Page 21 The opposition stated that this concert should be cancelled because the group is known to perform satanic rituals on stage, they are devil worshipers, these types of concerts encourage the use of drugs and cause violent outbreaks. Those in favor of the concert stated that the concert should not be cancelled because it is a constitutional freedom to listen to whatever type of music you want and no one should dictate morals to a community. Following is a list of people who spoke regarding the KISS concert. NAME ADDRESS 1. Rick Milby 2. Mike Rios 3. Reverend Forrest Jones 4. Joe Roach 5. Paul Zapata 6. Hector Herena 7. Birdie Villarreal 8. Jerry Vestal 9. Tony Lyon 10. David Casas 11. Amy Conoly 12. Caroline Springs 13. Marilyn Wells 14. Mondo Comino 15. Berry Barnett 16. Rev. Bryant Crabb 17. Calvin Ren 18. Robbie Gwinn 19. Andrea Store 20. Shannon Stevens 21. Walt Copingor 22. Jessica Baxter 23. Angela Glasser 24. Michelle Crater 25. Juan Hinojosa 26. Rev. John Bryant 27. Joseph Smith 28. Joe Garza 29. Erin Gossett 30. George Camestar, Jr. 31. Alex Dominguez 32. Reggie Perez 33. Ruben Olivarez 34. Tim Murphey 35. David Ramos 36. Chris Branson 37. Tanya Branscomb 38. Colina Swanson 39. Homer Serna 40. Nathan Olivarez 41. Jim Word 42. Jacquelyn Heath 43. Joe Cioffi 44. John Evans 45. Lisa Thomas 46. Kim Myers 47. Tammy Lyle 48. Laverne McCoy 49. Harry King 50. Bill Bliss 51. Sean Aiken 52. Angel Craig 53. Willis Roberts 54. Edwin Amaya 55. Russel Peck 56. Joyce Isenberg 57. Charley Nichols 10638 Larkwood Rt. 3, Box 448 Odem, Texas Rockers Association 1041 Catalina Annaville 3811 Carroll Lane 1604 Everhart 629 Naples 333 Dolphin 329 Southern 4225 Montego 1713 S. Alameda 4717 Marie 6433 S. Staples 4121 Barnes 513 Hawkins Old Robstown Rd. Rt. 3 Rt. 3, Box 448 Rt. 3, Box 448 1220 Tyler New Hope Baptist 110 Whitely 1415 Comanche Creole Street 4581 Indiana 3824 Conroe 6802 Everhart 2002 Airline 466 Brookdale 972 La Branch 4430 Bonner 1645 Hwy. 43 9350 S.P.I.D. Rt. 3, Box 279Y Rt. 3, Box 448 Rt. 3, Box 448 4425 Mt. Vernon 4121 Barnes 6322 Whitaker 1517 Daytona 645 DeForrest 913 Clair 348 Laurel 5441 Morgan 3813 Wyatt 4634 Jarvis 1547 Lea Lane OPPOSED IN FAVOR x x x x x _nutes Regular Council Meeting March 9, 1983 Page 22 Mayor Jones stated that it was not the purpose of the Council to dictate what people can or cannot listen to and that the police will enforce the law. Council Member Zarsky agreed with Mayor Jones and stated that everyone has the right to choose their own entertainment. He stated it is evident that many people are arrested at concerts and stated that he liked Mrs. Isenberg's solution to ban all smoking during a concert and that people could be searched for drugs by the police before entering. He stated he would like this on a Workshop Agenda for addition restrictions at city facilities. Mayor Pro Tem Turner stated she feels strongly that the Council cannot legislate morals, but the City has a responsibility of enforcing ordinances and should look into the idea of banning smoking. Council Member Dumphy stated he was grateful to those who attended the meeting and stated that the Council is concerned about the law violations at concerts and he also liked the idea of banning smoking during concerts. He stated that he appreciated the people voicing their concerns and that everyone should be cognizant of the Lord and Jesus Christ. There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Council Member Dumphy and passed unanimously, the meeting was adjourned at 9:11 p.m., March 9, 1983.