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HomeMy WebLinkAboutMinutes City Council - 03/23/1983t MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 23, 1983 2:00 p.m. Present Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy City Manager Edward Martin Bob Gulley City Attorney J. Bruce Aycock * Herbert Hawkins, Jr. City Secretary Bill G. Read Charles Kennedy, Jr. Cliff Zarsky Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Mrs. Pat Duaine in the absence of the invited minister, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Charles Kennedy. 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 Betty Turner that the Minutes of the Regular Council Meeting of March 2 and March 9, 1983 and the Special Council Meeting of March 2, 1983 be approved as presented; seconded by Council Member Cliff Zarsky; and passed unanimously. Mayor Jones noted the issuance of the following proclamation: "USS City of Corpus Christi Day" - March 16 through 22, 1983. Mayor Jones then read a proclamation honoring Doc McGregor celebrating his 90th birthday and designating March 20 through 27, 1983 as "DOC McGREGOR WEEK". He explained that Doc McGregor is a long-time City resident who had preserved the history of Corpus Christi on film since he was a leading photographer for many years. MICROFILMED `SEP 1919§4 ,lutes Regular Council Meeting March 23, 1983 Page 2 Assistant City Manager Bill Hennings explained that there is an exhibit at the Corpus Christi Museum displaying fifty photographs taken by Doc McGregor of scenes of Corpus Christi. Dr. Lorena Tinker introduced her father to the Council. Doc McGregor then made a few remarks addressed to the Council. Dr. Tinker expressed concern about the deterioration of Doc McGregor's negatives and requested that the Council consider funding this project for the restoration of the negatives. She explained that the University of Texas at Austin has offered to take the collection for preservation and display, but she and her father would prefer that they remain in Corpus Christi if they can be processed for restoration. Mayor Jones stated that the Council will consider this when preparing the budget for the next fiscal year. Mr. Larry Tucker, representing Corpus Christi National Bank, stated that he, too, is interested in the collection of photographs. He informed the Council that the University of Texas does have the facilities for the collection and he feels that something should be worked out cooperatively with them in connection with the photographs and negatives. o*o*o*o*o*o*o*o*o*o*o*o Mayor Jones announced administration of oaths and then administered the oath to Mr. Sam Allen, a newly appointed member to the Marina Board. p.m. * Council Member Herbert Hawkins, Jr. arrived at the meeting at 2:21 o*o*o*o*o*o*o*o*o*o*o*o Mayor Jones called for Actions of the Council from the Workshop Session. 1. A non-binding, advisory referendum be conducted on 1983, between the hours of 7:00 a.m. and 7:00 p.m., Council in determining the location of a new City Hall. will begin on Monday, April 18, 1983, and continue each 8:00 a.m. to 5:00 p.m., through Tuesday, May 3, 1983. ballot used in the poll shall read as follows: Saturday, May 7, to assist the City Absentee polling working day from The form of the The City is planning to build a new City Hall through either a public-private partnership or the sale of general obligation bonds. In order to assist the City Council in determining which is the preferred site, please mark the block corresponding to the location of your choice. (MARK ONLY ONE BLOCK) mutes Regular Council Meeting March 23, 1983 Page 3 Present City Hall location on Shoreline Drive Location near Nueces County Courthouse The referendum shall be conducted at approximately 96 polling places. The City Secretary is charged with designating the proper polling places, appointing personnel to conduct the polling, and any other appropriate related responsibilities. Voting machines shall be used for both absentee polling and for polling at the designated polling places. All registered voters of the City shall be entitled to indicate their preference in the referendum. This referendum is non-binding and is conducted for the sole purpose of advising the City Council on the matter of the location of a new City Hall. As a result, it does not constitute an "election" for the purposes of the Texas Election Code. The City staff is instructed to prepare an informational summary outlining the pertinent facts for each site, including costs and the feasibility of using the public/private partnership. Mayor Jones explained that the Council agreed to utilize all 96 polling places and that voting machines should be used for the non-binding referendum election. A motion was made by Council Member Bob Gulley that the foregoing motion be confirmed; seconded by Council Member Kennedy; and passed unanimously. 2. The City select Bayfront Associates as the party with whom to negotiate with their proposal to fill in the Peoples Street T -Head as a starting point and the Council be kept informed of the status of the negotiations. A motion was made by Council Member Kennedy that the foregoing motion be confirmed; seconded by Council Member Zarsky; and passed unanimously. 0*0*0*0*0*0*0*0*0*0*0 Mayor Jones called for Consideration of the Motions from the Consent Agenda on items 1 through 14 and in addition, item 14b, which was added as an emergency item. 1. Bids be received April 12, 1983 for three year concession rights at Cole Park. Mayor Jones inquired if the contract specifies that the concessionaire must clean the restrooms in the area, and City Manager Martin replied in the affirmative. .lutes Regular Council Meeting March 23, 1983 Page 4 2. Bids be received April 12, 1983 for one aluminum modular play system for Park Construction. Mayor Jones inquired if this equipment is relatively indestructible, and Assistant City Manager Tom Utter stated that it is and it will be very difficult to tear it down. 3. Bids be received April 12, 1983 for seventy-five Washingtonia Palms for the Park Division. Council Member Kennedy inquired about the time established for the landscape work, and City Manager Martin stated that if the City is taking bids on the trees, the Park Department must be ready to use them. Mr. Utter further explained that the trees will be planted in Swantner Park and the north and south ends of Corpus Christi Beach. 4. Bids be received April 12, 1983 for a 6-8ton vibratory asphalt roller for the Street Division to replace a 1967 model roller. 5. Bids be received April 12, 1983 for two bowl assemblies for pumps at the Stevens Plant. The bowl assemblies are necessary to rebuild the pumps to full pumping capacity. The rebuilding of the two pumps is included in the 1982-83 Budget. 6. Bids be received April 19, 1983 for twelve months supply agreement for approximately 530 magnesium anodes for the Gas Division for cathodic protection of gas lines to prevent corrosion. 7. Plans and specifications for the Meadow Park Recreation Center Expansion and Renovation project be approved and bids for this project be received on April 20, 1983. Funds are available in the 8th Year Community Development Block Grant. (Attachment #5) 8. Sixteen heavy duty trucks be purchased as follows on the basis on low bid: a. Creveling Motor Co., Corpus Christi Four 10,000 GVWR trucks including: $ 36,406.00 one each cab & chassis for Wastewater and Water Divisions, and two cab & chassis with service bodies for Traffic b. Tradewinds Ford Sales, Corpus Christi One 10,000 GVWR truck with crane body for Water Division Ten 20,000 GVWR trucks including: $ 12,622.83 $134,306.45 .lutes Regular Council Meeting March 23, 1983 Page 5 Three cab & chassis with dump bodies for Street, one cab & chassis with service body for Water, two 84" CA cab & chassis for Street, two 102" CA cab & chassis for Street, one 102" CA cab & chassis for Park, and one cab & chassis with stake body for Park. One 23,000 GVWR truck cab & chassis for Wastewater Total Tradewinds Ford Sales Grand Total $ 12,209.53 5159,138.81 $195,544.81 Prices have decreased approximately 2% since last bid in June 1982. The trucks are included in the 1982-83 Budget. The additional truck is for the Wastewater Division to increase capacity to respond to sewer line breaks. Three firms submitted bids. 9. Approving Change Order No. 3 for $13,174 to the contract with F&E Erection Company for the second phase of expansion at the Oso Plant for the installation of handrails on the reaeration basins and the mixing chambers. These handrails will provide access to the bridges to be installed on the basins and chambers and were inadvertently omitted from the plans. 10. Accepting the Bali Drive Improvements project, authorizing final payment of $31,975.41 for a total of $103,781.13 to Heldenfels Brothers, Inc., and authorizing a 13 day time extension due to utility delays beyond the control of the contractor. This 1977 bond project provided for the reconstruction of Bali Drive to residential street standards under the Voluntary Paving Program. 11. A public hearing be held on March 30, 1983 for the consideration of the Water Master Plan for the City of Corpus Christi. 12. A public hearing be held on the closure of a portion of Chipito Street between Cabra Street and North Staples Street on April 6, 1983, at 3:00 p.m. in the City Hall Council Chambers. A 26 foot wide by 200 foot long portion of the south side of Chipito Street is being considered for closure concurrently with the Washington -Coles Area Street Improvement, Phase III project. 13. Authorizing the City Manager to execute a release agreement for restrictive covenants that are of record in the Deed Records restricting property owned by Mr. David May in Flour Bluff, identified as Lots 20, 21 and 22, Section 47, Flour Bluff and Encinal Farm and Garden Tract. 14. Authorizing the City Manager to execute a park deferment contract between the City of Corpus Christi and Richard Ira E. Hayley and Royaland Construction, Inc., a partnership for deferred park land dedication out of the Dove Creek Subdivision, which is located at the northwest corner of FM 624 and County Road 73. This contractual arrangement, which is in accordance with the Platting Ordinance, will allow lutes Regular Council Meeting March 23, 1983 Page 6 the developer to final out and construct a portion of his overall preliminary prior to the final plat and construction of that portion of the subdivision in which the park is located. 14b. Accepting a grant offer of $4,610,344 from the Environmental Protection Agency for the construction of improvements to the Laguna Madre Wastewater Treatment Plant. There were no comments from the audience on the Consent Motions. A motion was made by Mayor Pro Tem Turner that the foregoing items, 1 through 14b be approved; seconded by Council Member Kennedy; and passed unanimously. Council Member Gulley referred to item 14b and made a motion that a letter of commendation be written for Assistant City Manager James K. Lontos and placed in his personnel file for his success in obtaining the grant offer from the Environmental Protection Agency; seconded by Mayor Pro Tem Turner; and passed unanimously. 0*ot0*0*0*0*0*0*0t0*0 Mayor Jones called for Consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 15 through 21. Mayor Pro Tem Turner referred to item 18, recommending award of contract for the Baldwin Boulevard Water Line Replacement Project to Delta Utilities and expressed concern about the recommendation, noting that there had been a base bid and an alternate but there was no mention made that one type of pipe would be preferable over another. City Manager Martin stated that both types of pipe were acceptable but the ductile iron pipe is better. Mrs. Turner then questioned why the more expensive pipe was recommended by the Staff when either type of pipe was listed as being acceptable. City Manager Martin stated that the City will obtain a much better ductile iron pipe at a much lower price than would ordinarily have been bid. Mayor Pro Tem Turner expressed concern about the specifications that were sent to the bidders, and if the other pipe is acceptable and it is less expensive, then she expressed the opinion that the contract should have been awarded to the low bidder. City Manager Martin further explained that when alternates are listed, the City has the option to purchase a better product if enough money is available in the fund. .lutes Regular Council Meeting March 23, 1983 Page 7 Assistant City Manager James K. Lontos explained the difference between the two pipes and the superior qualities of the ductile iron pipe. He stated that allowing bidders to bid on two kinds of pipe results in more competitive prices. Mr. Tony Heldenfels, Jr. expressed the opinion that no one has enough experience with ductile iron pipe; Mr. Lontos is misleading the Council in regard to the superiority of this product; Mr. Atlee Cunningham, Consultant for the Water Division, did not indicate in his report that the ductile iron pipe is better than the concrete pipe; and although Mr. Martin and Mr. Lontos advise that the ductile iron pipe is preferable, the specifications that the City prepared did not so indicate and he was of the opinion that the contract should be awarded to the lowest bidder. He expressed concern about the waste of City funds to purchase the more expensive pipe and questioned statements made by Mr. Martin and Mr. Lontos. Council Member Kennedy requested a report on a comparison of the qualities of ductile iron pipe as opposed to the concrete pipe. Council Member Hawkins expressed the opinion that the contract should be awarded to the lowest bidder. City Manager Martin pointed out that there is actually a small difference in cost. Council Member Gulley stated that he had discussed this with several contractors and had been informed that the ductile is the best that can be used and he was of the opinion that it would be worth the money in the long run to purchase the ductile iron pipe. He pointed out also that the City has the right to award a contract that is in the best interest of the City. No one else spoke on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 15. ORDINANCE NO. 175314: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 2 IN CONNECTION WITH THE SURFSIDE TO TIMON BOULEVARDS STREET CONNECTION; APPROPRIATING $32,494; 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". 16. ORDINANCE NO. 17535: AUTHORIZING THE EXECUTION OF A CONTRACT WITH GUERRA CONSTRUCTION COMPANY FOR THE ST. PETER STREET HALF STREET CONSTRUCTION PROJECT; APPROPRIATING $25,000 FOR THIS CONTRACT; AND DECLARING AN EMERGENCY. utes Regular Council Meeting March 23, 1983 Page 8 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Kennedy and voting, "Aye"; Zarsky, disqualified himself. 17. ORDINANCE NO. 17536: AUTHORIZING THE EXECUTION OF A CONTRACT WITH AMERICAN ROOFING AND CONSTRUCTION COMPANY FOR SIX PORTABLE BUILDINGS TO BE LEASED BY THE NUECES COUNTY COMMUNITY ACTION AGENCY FOR THE HEADSTART PROGRAM; APPROPRIATING $215,000 FOR THIS CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 18. ORDINANCE NO. 17537: AUTHORIZING THE EXECUTION OF A CONTRACT WITH DELTA UTILITIES FOR THE BALDWIN BOULEVARD WATERLINE REPLACEMENT PROJECT; APPROPRIATING $1,720,000 FOR THIS CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 19. ORDINANCE NO. 17538: AMENDING ORDINANCE NO. 17368 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON BALI DRIVE, FROM MEDITERRANEAN DRIVE NORTHERLY TO THE MAIN TROPIC ISLES CHANNEL; 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". 20. SECOND READING AUTHORIZING A LEASE AGREEMENT WITH THE NUECES COUNTY COMMUNITY ACTION AGENCY FOR THE PURPOSE OF LEASING SIX PORTABLE BUILDINGS FOR THE HEADSTART PROGRAM. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". . iutes Regular Council Meeting March 23, 1983 Page 9 21. THIRD READING - ORDINANCE NO. 17539: 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 Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 0*o*0*0*0*0*0*0*0*0*0 Mayor Jones called for consideration of the items on the Regular Agenda on the following matters: 22. A referendum be held on the question of locating a new City Hall; at the present location on Shoreline Boulevard, or at a location near the Nueces County Courthouse. (Action was taken on this item earlier in the meeting.) 23. Consideration of pending State legislation. a. Endorsing legislation for consideration by the Texas Legislature to amend the Firemens' and Policemens' Civil Service Law known as Article 1269m. City Manager Martin explained that the Staff is requesting that the Council endorse the concepts of the amendments to the Civil Service Law in order to clear up some discrepancies in Article 1269m. He stated that the various amendments are changing daily but the cities are attempting to remove some of the archaic language in this article. A motion was made by Council Member Zarsky that the Council endorse the legislation as set forth in item 23; seconded by Council Member Dumphy; and passed unanimously. 0*0*0*0*0*0*0*0*0*0*0* Mayor Jones called for Consideration of Actions by Ordinance from the Regular Agenda on items 24 and 25. Mr. Larry Wenger referred to Ordinance 24, pertaining to the zoning application of Ms. Rosana M. Rosas and stated that the applicant wanted to establish an artificial flower shop; the "B-1" zoning requested was denied but a special permit was recommended subject to the submission of an acceptable site plan; the street has no curbs and gutters but does have a sidewalk; the Staff worked with the applicant on the site plan to provide a screening fence and off-street parking; but the site plan indicates that there will only be two off-street parking spaces and two spaces on the street. He pointed out that this is a business use which is an intrusion into this residential neighborhood. . iutes Regular Council Meeting March 23, 1983 Page 10 A motion was made by Council Member Kennedy that this application be denied, seconded by Council Member Zarsky, and passed unanimously by those present and voting. Assistant City Manager Bill Hennings referred to the first reading of the ordinance amending the City Code Land Drilling Ordinance which proposes to add additional requirements pertaining to surface casing setting depths. He explained that this change would add wording to the ordinance that an exception to the Railroad Commission ruling would have to be approved. He stated that the deeper casings would prevent the possibility of additional blowouts. He stated that one other modification would require the Bay Drilling Ordinance to have the same casing requirement as the Land Drilling Ordinance. 0*o*0*0*0*0*0*0*0*0*0*0 Mayor Jones announced the public hearing on the following assessment rolls scheduled for 3:00 p.m. 26. Preliminary assessment roll for street improvements in the Woodlawn Estates and Alameda Estates areas. The roll provides for assessments of $167,115.82 on 116 items. 27. Preliminary assessment roll for the Glenmore Street Improvements. The roll provides for assessments of $21,000.09 on 26 items. City Attorney J. Bruce Aycock conducted the formal portion of the hearing on the preliminary assessment rolls for street improvements in the Woodlawn Estates and Alameda Estates areas and for the Glenmore Street Improvement Projects. He called as his first witness, Mr. Gerald Smith, P.E., City Engineer. Through questioning of the witness, Mr. Aycock ascertained that Mr. Smith has been employed by the City of Corpus Christi for twenty-three years and that he has on file in the City Engineering Department his qualifications. Mr. Smith testified that the two hearings are for two separate projects that are voluntary paving projects. Mr. Smith stated that he would like to address the Glenmore Street Improvement Project first and informed the Council that the Staff proposes to reconstruct these streets according to standard residential specifications. He stated that the low bidder for this project was M&M Construction Company and the number of working days for the project is 30. He explained that the voluntary paving petition was signed by one-half of the residents of Glenmore Street, specifically on the north side, and the bulk of the assessments are for that side of the street. He explained that the Staff is recommending that only four property owners on the south side be assessed, but the total street will be reconstructed. lutes Regular Council Meeting March 23, 1983 Page 11 Mr. Smith described this project as being a 28 -foot wide street and the improvements will include a 4" curb and gutter section on the northwest side of the street and selected replacement of the existing curb and gutter on the southeast side. He explained that the roadway will consist of a 6" thick compacted subgrade, 8" thick compacted caliche base and 14" thick hot -mix asphaltic pavement. He stated that the assessment rate for the curb, gutter and pavement will be $9.75 per linear foot; the sidewalk will be $1 per square foot; and the driveways will be assessed $2.97 per square foot which is the actual price included in the bid. Mr. Smith informed the Council that the total bid price was $35,859.50; the preliminary assessments will be $21 ,024.09; and the City's portion will be $64,835.41. Mr. Smith then described the Woodlawn Estates and Alameda Estates Street Improvement Project, noting that the improvements on Woodlawn Estates will include Woodlawn and Daley Drives from Williams Drive to South Padre Island Drive; and the Alameda Estates portion will include Eldon Drive from Gaines Street to Alameda Street and the Delano Drive and Walton Place from Robert Drive to Elton Drive. He explained that the construction will also be similar to that of Glenmore Street and the assessment rates will be $9.75 per linear foot for 6" curb, gutter and pavement; $1 per square foot for sidewalks; $3.08 per square foot for driveways; and $.88 per linear foot for the water line to be constructed by City forces. He explained that the total bid price as submitted by Maverick Construction Company is $445,430.37; the preliminary assessments will be $171,355.30; and the City's portion will be $274,075.07. Mr. Smith explained how the assessment payments could be made, noting that following completion of the project, the assessments may be paid by cash or over a period of five years at an interest rate as set forth in the assessment ordinance. He stated that construction on both projects will begin in about six weeks and both of them are voluntary paving projects included in the 1982 bond program. City Attorney Aycock called as his next witness, Mr. William J. Holly, Real Estate Broker and Appraiser. Through questioning of Mr. Holly, Mr. Aycock ascertained that he is qualified to serve in the capacity of appraiser for the City; that he is thoroughly familiar with all of the property involved in these street improvement projects; and that he has on file in the Engineering Office a copy of his resume listing his qualifications. Mr. Holly testified that he is familiar with the real estate values in the City of Corpus Christi and that he had examined each and every parcel of land included in the two projects. He testified that there is one exception, which is a triangular shaped piece of property located at the corner of Eldon and Gaines Drives, described as item no. 90 on the Alameda Estates Street Improvement Project, which may not be enhanced equally in value by the improvements due to its configuration. He stated that on this item, he recommended a reduction of 26% in the dollar amount of $157.46 or from $605.77 to $448.31. Mr. Holly testified that other than this one piece of property, in his opinion, all other property included in all of the assessment rolls would be enhanced at least in nutes Regular Council Meeting March 23, 1983 Page 12 the amount of the assessment. Mayor Jones called for comments from the audience. Mr. Sherman King, 226 Glenmore, pointed out to the Council that the petition signed by the residents of Glenmore Street was prepared at the $4.75 per linear foot charge; the bond issue was approved in February, 1982; and the assessment rate was not changed until after that time. He expressed the opinion that their assessments should have been calculated at the lower rate. Mr. Smith responded to Mr. King's remarks by stating that in July of 1982, the change in the assessment rates was approved by the Council and appropriations for the street improvements for this street were committed to this project. He noted that after the change, there was a reversion clause in the ordinance which will allow the Council to assess the lower rate if they desired. Mayor Jones inquired if the Council had approved any assessment projects at the new higher rates, and Mr. Smith replied that the City had on Carroll Lane, Calalien Drive and Airline Road, all of which were assessed at the new rates. Mr. King stated that the streets Mr. Smith referred to were not voluntary paving petition streets, and this is the first one that was started as a voluntary paving petition; therefore, he felt that they should be assessed at the old rate. Council Member Zarsky inquired of Mr. King if he would like to eliminate this project entirely, and Mr. King agreed that that would be satisfactory with him. Mrs. Elaine Turner, of Turner's Gardenland, stated that they leased some property and owned several other pieces of property. She requested that some provision be provided to keep Daley Street opened during construction so that customers may gain access to their business during that period. Also speaking in regard to the Glenmore Street project was Mr. Mike Linnane, 225 Glenmore, who also spoke in opposition to the rate of the assessments. He suggested that a new petition be circulated indicating the increased assessment rates. Council Member Kennedy inquired as to the length of time that the new prices have been in effect, and Mr. Smith stated that it is approximately three years. Council Member Zarsky inquired if the contract for the street improvements has been awarded and Mr. Smith replied that it had not. Mr. Zarsky then inquired about the City's obligation to the contractor if a decision was made not to reconstruct Glenmore Street since he felt that the property owners have indicated they would prefer not to have their street improved if they have to pay the higher assessment rate. .lutes Regular Council Meeting March 23, 1983 Page 13 Mr. Smith explained that the residents of Glenmore Street could petition the Council to withdraw their voluntary paving petition and for the Glenmore Street improvements. Mayor Jones pointed out to Mr. Linnane that the property owners would have five years to pay the assessments at a low interest rate and Mr. Smith noted that this gentleman resides on the south side and there are only four other property owners on that side of the street who will be assessed. Council Member Zarsky suggested that this assessment roll be tabled in order to provide an opportunity for the property owners to withdraw their voluntary paving petition if they desired. Mr. King spoke again and stated that he does want the street improved even at the higher assessment rates. Mrs. Barbara McDowell, 302 Glenmore, also objected to the increase in the assessment rates since they were under the impression that they would only have to pay a certain amount at the time the voluntary paving petitions were signed. Council Member Kennedy pointed out that assessments will naturally be higher as costs are increased. Mrs. McDowell stated that she still would like to have the street reconstructed but she does not feel that the increase in assessments should have been made without informing the property owners. Council Member Hawkins pointed out to Mrs. McDowell that this was a major policy change. Mr. Smith then read the wording on the petition and stated that the petition forms currently being used do not refer to any particular assessment rates. A motion was made by Council Member Kennedy that the public hearing on the assessments for Woodlawn and Alameda Estates Street Improvements be closed and that the Glenmore Street assessment project be tabled for two weeks; seconded by Mayor Pro Tem Turner; and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, absent at the time the vote was taken. 0*0*0*0*o*0*0*0*0*0*0*0 City Secretary Read reminded the Council that there was a need to pass Ordinance No. 25. He polled the Council for their votes and the following ordinance was approved: .lutes Regular Council Meeting March 23, 1983 Page 14 25. FIRST READING: AMENDING THE CITY CODE, CHAPTER 35, OIL AND GAS WELLS, TO ADD ADDITIONAL BLOWOUT PREVENTION MEASURES AS REQUIREMENTS PERTAINING TO SURFACE CASING SETTING DEPTHS. 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 at the time the vote was taken. 0*0*0*0*0*0*0*0*0*0*0* Mayor Jones announced the public hearings on three zoning applications: 28. Application No. 283-10, Chaparral Energy Corporation: for a change of zoning from "R -1B" One -family Dwelling District and "A-1" Apartment House District on Tracts 1 and 2 to "B-4" General Business District on Tract 1 and to "T -1B" Mobile Home Park District on Tract 2, located on the south side of McArdle Road, approximately 200' west of Ennis Joslin Road, Tract 1 being 1.97± acres out of Lot 3 and Tract 2 being 10.89± acres out of Lot 4, Section 28, Flour Bluff and Encinal Farm and Garden Tracts. Assistant City Manager Tom Utter informed the Council that seven notices of the public hearing had been mailed and none had been returned with the exception of one in opposition from outside the 200' notification area. He stated that both the Planning Commission and the Planning Staff recommend that the "B-4" zoning be denied on Tract 1 and in lieu thereof, that "T -1B" be approved for both Tracts 1 and 2. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the vicinity and stated that the applicant plans to expand a mobile home park and provide mini -storage units. He stated that the recommended zoning would not noticeably increase the traffic pattern on the street on which it fronts. No one spoke in regard to this application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Council Member Kennedy that the zoning of "T -1B" be granted for Tracts 1 and 2; seconded by Council Member Zarsky• and passed unanimously. 0*o*0*0*0*0*0*0*0*0*0*0* Butes Regular Council Meeting March 23, 1983 Page 15 29. Application No. C283-9, City of Corpus Christi: for a change of zoning from "T-1" Mobile Home Park, Travel Trailer Park, or Mobile Home Subdivision to "T -1C" Mobile Home Subdivision District on a portion of Lot 7, Womack Farm Lots and a portion of Tract 7, W. J. Robertson's Farm Tracts located on the west side of County Road 37, approximately 150' north of Saratoga Boulevard. Assistant City Manager Utter stated that in response to the sixteen notices of the public hearing that were mailed, two in favor and none in opposition had been returned. He informed the Council that both the Planning Commission and the Planning Staff recommend approval. Mayor Jones ascertained that no one in the audience wished to speak on this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Mayor Pro Tem Turner that the requested zoning of "T -1C" be approved for Application No. C283-9; seconded by Council Member Hawkins; and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, absent. 0*o*0*0*0*0*0*0*0*0*0*0*0 30. Application No. 383-8T, Text Amendment to the Zoning Ordinance, Pendaris Corporation: Prezoning to "A-2" Apartment House District on Tract 1 and to "B-4" General Business District on Tracts 2 and 3, Tract 1 being 7.0± acres, Tract 2 being 5.57± acres, and Tract 3 being 5.73± acres, all Tracts out of a 205.8 acre tract of the Mariano L. de Herrera Grant, Abstract No. 606, located on the north side of F.M. 624 on either side of Wood River Drive. Mr. Utter stated that this application was on behalf of the Pendaris Corporation; it is outside the City limits; and that in response to the ten notices of the public hearing that were mailed, one in favor and two in opposition had been returned. No one spoke in regard to this application. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Council Member Hawkins that the zoning of "A-2" and "B-4" be approved on three tracts of land in Application No. 383-8T; seconded by Council Member Dumphy; and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, absent. o*0*0*0*0*0*0*0*0*0*0*0*0 City Secretary Read polled the Council for their votes on the ordinances effecting the foregoing zoning changes and the following ordinances were approved: mutes Regular Council Meeting March 23, 1983 Page 16 28. ORDINANCE NO. 17540: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CHAPARRAL ENERGY CORPORATION, BY CHANGING THE ZONING MAP IN REFERENCE TO TRACTS 1 AND TRACT 2, BEING PORTIONS OF LOTS 3 AND 4, SECTION 28, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT AND "A-1" APARTMENT HOUSE DISTRICT TO "T -1B" MOBILE HOME PARK DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, absent. 29. ORDINANCE NO. 17541: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO PORTIONS OF LOT 7, WOMACK FARM LOTS AND TRACT 7, W. J. ROBERTSON'S FARM LOTS, FROM "T-1" MOBILE HOME PARK, TRAVEL TRAILER PARK, OR MOBILE HOME SUBDIVISION TO "T -1C" MOBILE HOME SUBDIVISION DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, absent. 30. ORDINANCE NO. 17542: AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 A NEW SUBSECTION, 31-5.44 SETTING FORTH ZONING CLASSIFICATION OF SAID AREA OF LAND DESCRIBED AS TRACTS 1, 2, AND 3 OUT OF THE MARIANO L. DE HERRERA GRANT, ABSTRACT NO. 606; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, absent. 0*0*0*0*0*o*o*0*0*0*0* Mayor Jones called for petitions or informations from the audience on matters not scheduled on the agenda. Mrs. Pat Duaine expressed appreciation to the Council for calling an election for an advisory referendum pertaining to the City Hall location and using the standard election procedures. nutes Regular Council Meeting March 23, 1983 Page 17 Mr. Calvin Self addressed the Council on behalf of the Rural Fire Department in the Flour Bluff District and inquired if it would be possible for the Council to include on the ballot for May 7, the issue as to whether or not the people of Flour Bluff would agree to a tax in order to maintain the volunteer fire department. Mayor Jones inquired if such an item could legally be included on the City's ballot. City Secretary Read stated that he would object to handing out paper ballots for that opinion but the Council has the authority to place anything they desire on the ballot. He noted that this would only involve two precincts but the citizens might not understand if it is placed on the City's ballot. City Manager Martin concurred stating that he questioned whether the Council would want to put an issue on the ballot pertaining to a tax increase for any reason. City Secretary Read noted that the polling places in Flour Bluff are located in school or public buildings and suggested that perhaps the Volunteer Fire Department could set up a separate polling place at the same location. Mr. Jack Gordy, 5802 Everhart, informed the Council that he had been reviewing the travel reports for the Council and the City Secretary and was surprised at some of the expenditures made by the Council Members and the City Secretary in regard to travel by their wives. He mentioned several expenditures in particular and also expressed the opinion that the records in the City Secretary's Office were difficult to understand. Mr. Gene Tackett, 218 Wagon Wheel, addressed the Council on behalf of the Homebuilders' Association and informed them that that association had passed a resolution endorsing the location of the new City Hall building at its present site. He stated that a copy of the resolution will be sent to them in the mail. Mr. Tackett stated that he resented the implication that this Council has not acted in good faith in regard to the location of City Hall. He then referred to the election that was conducted on December 5, 1970, at which time, a proposed governmental complex which was to include the City, County and Corpus Christi Independent School District Offices which was defeated by almost a 2-1 margin. He informed the Council that the fact sheet pertaining to this election shows that the location was to be bounded by the same streets as the site proposed by a number of people for a new City Hall. He stated that he felt it was unfair for the various organizations to continue to urge that the City Hall be constructed at that particular location since the decision to locate the governmental complexes in one area had been defeated by the voters more than ten years ago. He reminded the Council that following with that election, Corpus Christi Independent School District purchased a location for their new office and the Nueces County Commissioners' Court had constructed a new $14 million courthouse. Mr. Tackett continued by stating that he thought it would be very difficult to fund a project in the uptown location for the same amount of money that is proposed by the Public/Private Venture. He noted that the issue in 1970 was for $3 million but he felt that it would be very difficult to a .lutes Regular Council Meeting March 23, 1983 Page 18 have a bond issue passed for the funding of a new City Hall and the purchase of land. He stated that he felt that the site on the hill has some hidden costs and there is already a tremendous parking problem in that area. He stated that he felt that locating the new City Hall and the library, in addition to the County Courthouse, would be a mistake because there is inadequate vehicular access to the uptown location. He also pointed out that when people visit Corpus Christi, they are usually taken down Ocean Drive and Shoreline to the center of the City so that they can view the beautiful bayfront. He expressed the opinion that a lovely City Hall building would be a great asset in this vicinity because it could be very impressive and symbolic at this location. He stated that developers all have to go to City Hall on business and this includes out-of-town people who would be very impressed with the City Hall located in this vicinity. Mr. Tackett noted that the same voices that have expressed opposition to the location of City Hall on Shoreline have also opposed the Convention Center, the Bayfront Plan, and they would probably be opposed to the Land Mass. He stated that having an empty area along Shoreline is not very logical and he felt that things should be happening on the bayfront to make it a "people's center". He urged that the City move forward as soon as possible to begin construction on a new City Hall at the present location. Mayor Jones explained to Mr. Tackett that a referendum had already been called for the people to decide on the location of the new City Hall. Mr. Tackett stated that he realized that the Homebuilders' Association were a little late in addressing the Council, but it was their understanding that the matter had already been settled some time ago. Mr. Joe Morin addressed the Council in regard to reciprocity in electrical master licenses. He expressed concern about this because a number of people from out of the City are coming in under this arrangement. Mayor Jones informed Mr. Morin that the Electrical Advisory Board is studying the reciprocity agreement at this time, and Mr. Morin stated that he felt that it was up to the City Council to pass an ordinance in regard to this. City Manager Martin stated that if there is an enforcement problem, he had not been so informed. Mayor Jones stated that he would like to wait to hear from the Electrical Advisory Board before the Council considers changing anything and suggested that if Mr. Morin does not feel that the Board is moving forward promptly enough, that he should address those areas with the Board. Mrs. Henrietta Newberry expressed her appreciation for the employment of Mr. Martinez, who is working with the handicapped in their recreation program. Mr. Gene Tackett addressed the Council, speaking as a Member of the Electrical Advisory Board. He stated that during the month of January, some contractors came to the Board about some illegal activities of several electrical contractors and that Board had set an open Workshop Hearing to allow everyone to present facts about reciprocal agreements. lutes Regular Council Meeting March 23, 1983 Page 19 o*o*o*o*o*o*o*o*o*o*o*o* A motion was made by Mayor Pro Tem Turner that the Council convene in closed session under the authority of Article 6252-17 of the Open Meetings Law to discuss personnel matters; seconded by Council Member Kennedy; and passed unanimously at 5:05 p.m. o*o*o*o*o*o*o*o*o*o*o*o* Mayor Jones reconvened the Regular Council Meeting at 5:42 p.m. There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Kennedy and passed unanimously, the Regular Council Meeting was adjourned at 5:43 p.m., March 23, 1983.