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HomeMy WebLinkAboutMinutes City Council - 07/27/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 27, 1983 2:00 P. M. PRESENT: Mayor Luther Jones * Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy City Manager Edward A. Martin Bob Gulley City Attorney J. Bruce Aycock Herbert Hawkins City Secretary Bill G. Read Dr. Charles Kennedy Cliff Zarsky Mayor Luther Jones called the meeting to order in the Council Chambers of City Hall. The invocation was given by Reverend John Fisher of Parkway Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Jack Dumphy. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Council Member Kennedy that the Minutes of the Regular Council Meeting of July 13, 1983 be approved as presented; seconded by Council Member Dumphy; and passed unanimously. Mayor Jones then introduced Mr. Harold Russell, Chairman of the Presidents' Committee for Employment of the Handicapped. Mayor Jones noted that Mr. Russell had played the role of a sailor in the movie, "Best Years of Our Lives". He explained that he lost his hands in a training maneuver while serving during World War II. Mr. Russell expressed his happiness at being in Texas and explained the honors he had received. Mr. Russell then expressed appreciation to the Mayor for his cooperation ir, chairing the Committee for the Local Employment of the Handicapped. MICROFILMED SEP 191884 Minutes Regular Council Meeting July 27, 1983 Page 2 Mayor Jones then recognized the Exchange Students from Tampico, Mexico and Yokosuka, Japan, the two Sister Cities of Corpus Christi. Mr. Harry Plomarity briefly explained the Student Exchange Program and introduced the four students from Yokosuka and the eight from Tampico, all of whom made appropriate remarks. * Mayor Pro Tem Betty Turner and Council Member Herbert Hawkins arrived at the meeting at 2:12 p.m. during the foregoing. ** Council Member Charles Kennedy arrived at the meeting at 2:15 p.m. Mayor Jones then administered the oath to the following new members of Boards and Committees: Ms. Debbie Cruz, Human Relations Commission; and Mrs. Mildred Norris, Food Services Advisory Board. * * * * * * * * * * * * * * Mayor Jones announced the bid opening on the following engineering project: 1. Animal shelter improvements. This 1977 bond project provides for a new quarantine building, rehabilitation work at the existing kennel building and site paving work at the Animal Control facilities in the 1100 block of Navigation Boulevard. Mr. James K. Lentos, Assistant City Manager, opened bids on this project from the following firms: American Roofing & Construction; B&B Builders, Bracco Construction Company; Carmel Construction; Early Constructors, Inc.; E. J. Netek Construction; Garcia Construction, Inc.; Hayley Corporation; L & L Construction Company; J. M. Davidson; Progressive Structures; and Terra Construction Company. Mayor Jones expressed appreciation to the companies that had submitted bids and stated that they would be tabled for 48 hours, pursuant to the requirements of the City Charter and referred to the Staff for tabulation and recommendation. * * * * * * * * * * * * * Mayor Jones then recognized the Corpus Christi Cobras, a little league softball team, who won all seventeen of their games. Their sponsor informed the Council that they are attempting to obtain funds to enable them to go to Tipton, Georgia, to compete for the championship. Minutes Regular Council Meeting July 27, 1983 Page 3 City Manager Ed Martin suggested that item 40 from the Regular Agenda, which is the third reading of the ordinance authorizing the 40 -year lease agreement with Bayfront Associates, Ltd. be considered at this time since two experts from other areas of the United States are in the City to work with the Staff on the agreement and they need to depart the City as soon as they have finished their explanation. Mr. Martin continued by stating that there are some charges and arnendrrents that have been made to the lease agreement, including the escalator issue for funds for the City and the length of the lease and the exclusive five-year stipulation. Mr. Martin stated that although he recommends the document as amended, he suggested that possibly, the Council may wish to consider the third reading next week after they have read the lease agreement and considered the testimony to be given by the two experts that were employed by the City to assist them in deliberations on the lease. He stated that Mr. Nicolas Trkla and Mr. Gary E. Stout had worked with the City Staff and the Bayfront Associates, Ltd. Assistant City Manager Tom Utter explain that basically, the major changes in the contract are as follows: (1) the term of the lease was changed to a 40 -year primary lease and the developer has a twenty year option subject to a complete renegotiation of the lease agreement with approval of terms and conditions to rest with the City; (2) in regard to the rent, the percentage to be paid to the City has been renegotiated so that 1% of the gross will be paid to the City for the first ten years and at the eleventh year, the percentage will increase automatically to 2%, following which at the twenty-first year, there will be an automatic adjustment on the percentage based on the increases in the consumer price index from year eleven to year twenty-one, and at the thirty-first, there will be an automatic increase in the percentage paid to the City based on the increases in the CPI for the year twenty-one to the year thirty-one. Mr. Utter explained that on all slips and office space, Bayfront Associates will pay to the City 5% of their receipts and this will increase percentage wise over the same eleventh, twenty-first and thirty-first year; (3) in regard to design and construction in development of the commercial area, Mr. Utter stated that Bayfront Associates must submit to the City for review and approval both preliminary plans and specifications as well as final plans and specifications; (4) in regard to the aquarium site, Bayfront Associates is granted the exclusive right to license vendor carts on the 8 -acre tract subject to approval by the City and agrees to maintain all landscaping installed by the Aquarium Association; (5) if the developer decides to sell or refinance the land mass, he will provide to the City a sum equal to 10% of the net profits of that sale or renegotiation; and (6) the agreement includes a simple, noncompetitive agreement for five years from the date of occupancy of the first building on the land mass and the additional five year first right of refusal period has been eliminated from the contract. Mr. Utter then called on Mr. Trkla for his comments. Minutes Regular Council Meeting July 27, 1983 Page 28 Speaking in opposition to the change of zoning were the following: Mrs. H. D. Hardin, 2734 Countiss, questioned the petition because it was from outside the area of notification. She stated that she lives within the 250' area and informed the Council that Reverend McCreless had alleged that only four people attending the Planning Commission Meeting were qualified to speak. Mayor Jones explained that everyone can speak at any public hearing but only those in opposition within the 250' area would contribute to the 20% rule being in effect. Mrs. Hardin continued and indicated that she was speaking on behalf of several people who are in opposition. She asked those to stand who were opposed to this zoning application and nineteen people did so. Four of the people indicated that they reside within the 250' area but all nineteen are in that particular neighborhood. Mrs. Hardin explained that there are many apartments already on Leopard as well as new businesses and they would like to retain their neighborhood as it is. Council Member Kennedy stated that he sympathizes with the Baptist Church but he was of the opinion that this was inappropriate zoning and he would have to vote against it. Mayor Pro Tem Turner also indicated that she would vote against the change of zoning. Also speaking in opposition was Mr. Kenneth Griffin, 2805 Countiss, who stated that he lives directly next to the subject property and the existing apartments on the lot next to this are only four or five feet from the property line. He expressed the opinion that there will be a parking problem if another apartment complex is constructed there. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance and it failed to pass having received six negative votes. * * * * * * * * * * * * * * * 49, Application No. 683-10, Messrs. B. W. Bell, Sr. and Jr., for a change of zoning from "1-2" Light Industrial District to "T -1B" Mobile Home Park District on 85.00± acres out of Section 8, Range 5, Kinney Sectionalized Lands, located on the east side of Rhew Road, approximately 400' south of Leopard Street. Council Member Gulley stated that he will abstain from discussing or voting on this zoning case since it involves a mobile home park district zoning and he wished to avoid a possible of conflict of interest. Minutes Regular Council Meeting July 27, 1983 Page 4 Mr. Nicolas Trkla reviewed for the Council the intensive 31 days of negotiations that had been conducted by the City Staff, himself, Mr. Stout and Bayfront Associates. He stated that in his opinion, the proposed land mass is a superb kind of an undertaking and is one of the most unusual arrangements between a City and a private developer that he has encountered. He stated that he felt that the City had negotiated a very good contract in view of the fact that the City of Corpus Christi does not have to expend any funds and will not be responsible for any of the development monetarily. He stated that in his opinion, the City will certainly benefit without any liability or risk and the funds generated by the land mass and the only thing the City has to really give up is a portion of the bay bottom. He pointed that even though an appraiser cannot establish any real value on that, something else the City did give up was the development opportunity on the exclusive basis to one development firm but he still felt that this was a very fair contract for both the City and the developer. He expressed the opinion that the 1% of gross is a very good return for the City and they had devised the escalation to 2% in the eleventh year to an eventual 40 of the gross sales in the thirty-first year. Mr. Trkla concluded his remarks by stating that in his opinion, he could assure the Council without any reservations that the lease agreement is a fair deal for both parties and they encourage the Council to approve the lease. Mr. Gary E. Stout, President of Public/Private Ventures, Inc., informed the Council that during the meetings the past three days, they had examined the lease agreement from all points of view, not only the financial risks and rewards of the City but they had examined everything that the Assistant City Manager had done, everything the other consultant is doing, and everything the developer is doing. He stated that he had concluded that this project is the most unusual public/private partnership that he had seen in three years of full-time consulting, two years of part-time consulting, and seventeen years working for the government preparing public/private partnerships. Mr. Stout referred to similar types of projects in other cities and assured the City Council that the lease agreement on this land mass is much better than any that he had encountered in the past. Mr. Stout explained that this was a very complicated computation required to project figures for the future and he recommended that the City approve it intact since if some changes are made, it would involve changing all of the figures which had been carefully computed. (Note: A copy of the transcript of Nicolas V. Trkla's and Gary E. Stout's presentations is on file in the Office of the City Secretary). Mr. Utter explained to the Council that the developer will have to realize a profit before the City will receive any funds and the problem time for the project is the first four to seven years. Council Member Zarsky complimented the Staff for their efforts in setting up the lease and indicated that he was very pleased that they had obtained an expert opinion on the lease. He stated that he had previously planned to vote against approval of the lease because of a number of items that he felt should be included but which have now been written into the lease. Minutes Regular Council Meeting July 27, 1983 Page 5 Mr. Stout pointed out that the lease had been set up on a gross basis so that the City would participate even if there is no profit and they worked under the assumption that the various uses would be changed several times within the next forty years. Mr. Trkla added that this is a profitable venture for the City and the developer. Mr. Zarsky continued by stating that he is very pleased with the escalation clause and inquired if the CPI is decreased, if the profit to the City will also be reduced, and Mr. Utter assured him that it would never be below 2% of the gross. Council Member Hawkins stated that the Corpus Christi Caller -Times had stated in an article that this is a good contract, yet they have not even read it. He pointed out that he would like to see anyone who desires to be able to read the contract before it is approved; therefore, he suggested that the third reading be delayed for one week. A motion was made by Mayor Pro Tern Turner that the Council tentatively approve all of the amendments to the lease agreement but that the final reading be delayed for one week; seconded by Council Member Cumphy. Mayor Jones mentioned the possibility of cancellation of the lease agreement up until September 30, 1983. He inquired about the cost to the City if the Council decides to cancel the lease agreement, and Mr. Utter replied that the City would need to negotiate with Bayfront Associates or they would have to buy out that right from Bayfront at $200,000. Mayor Jones continued by asking Mr. Trkla and Mr. Stout about the importance of this project in terms of the Convention Center and the two hotels that are under construction. Mr. Trkla explained that in his opinion, the new land mass would provide the catalyst for unlimited development in the downtown area, stating that he was of the opinion that the opportunities are very favorable for this. He further explained that the interaction of the Convention Center, the hotels and the land mass will produce better retail businesses in the downtown area and this project is a very important building block. Mr. Stout also stated that the central ingredient of the land mass is to provide an opportunity for people to have something to do and anyone who builds in the downtown area will benefit from the pedestrian traffic generated by the land mass. Mayer Jones called for the vote on the motion to tentatively accept the amendments and delay the third reading for one week and the motion passed unanimously. * * * * * * * * * * * * * * Minutes Regular Council Meeting July 27, 1983 Page 6 Mayor Jones briefly departed the meeting at 3:55 p.m. and Mayor Pro Tem Turner presided at that time. Mayer Pro Tem Turner called for Action of the Council from the Workshop Session on the following item: The fact sheets for the City Hall bond election and advisory referendum prepared by the staff be approved. A motion was made by Council Member Kennedy that the foregoing item be approved, seconded by Council Member Hawkins and passed unanimously. * * * * * * * * * * * * * Mayor Pro Tem Turner called for Consideration of the Motions from the Consent Agenda on items 1 through 13. 1. Bids be received August 16, 1983 for an annual supply agreement with an option to extend the contract for an additional twelve months, subject to the approval of the supplier and the City Manager or his designee, for flashlights, lanterns, batteries and bulbs, to be stored by the Warehouse and used by various City activities. Estimated expenditure is $15,000. 2. Plans and specifications for Restroom Renovations in the Terminal Building at Corpus Christi International Airport be approved, and bids be received prior to 2:00 P.M. on Tuesday, August 16, 1983. The renovation includes the conversion of the stalls to accommodate the physically handicapped, new partitions at the stalls, new ceramic floor tile, and minor plumbing modifications. Funds for this work are available in the Airport Operating Budget. 3. Approving plans and specifications for the School Sidewalk Program, Phase I, providing for construction of sidewalks in the vicinity of Fannin Elementary, Martin Junior High, and Miller High Schools, and authorizing the receipt of bids on Tuesday, August 23, 1983. This project is part of the School Sidewalk Program included in the 1982 Bond Program. 4. Plans and specifications be approved and bids be received on August 24, 1983 for Water System Improvements at the Holly Road Reservoir near Holly and Everhart Road to convert the water system into a two-level service system. This renovation work will boost water pressures in the south part of the City south of Staples Street to Padre and Mustang Islands. 5. Bids he received August 30, 1983 for a twelve months supply agreement with option to extend the contract for an additional twelve months subject to the approval of the City Manager or his designee for steel line pipe, coated and wrapped and bare to be stored by the City Warehouse to be used by the Cas Division. Estimated annual expenditure is $406,000.00. Minutes Regular Council Meeting July 27, 1983 Page 7 6. Twelve months supply agreement for approximately 245 Mechanical Joint and 5 Flanged -End Gate Valves to be used by Water Division be approved based on low bid meeting specifications. Clow Corporation, Oskaloosa, Iowa: 4" - 12" Flanged -End & Mechanical Joint Gate Valves $48,312.35 Mars Utility, San Antonio, Texas: 16" - 36" Mechanical Joint Gate Valves $28,480.00 Grand Total - $76,792.35 Ten bid invitation were issued and eight bids were received. Prices have decreased an average of 5% since the previous contract of May, 1982. The low bid on Lot 11 of $18,950 from Vasco International did not meet specifications. The valve offered was a butterfly valve and not a twin disc gate valve as specified. 7. Twelve months supply agreements be approved as follows for water treatment chemicals based on low bids: a. McKesson Chemical Co., Corpus Christi: Ferric Sulphate, Est. 715 Tons @ $150.95 Potassium Permanganate Est. 150,000 Lbs. @ $1.0557 Total: $266,284.25 Price on Ferric Sulphate is subject to adjustment b. American Cyamid, Wayne, N.J.: Liquid Cationic Polymer Coagulant Est. 120,000 Lbs. @ $0.5666/40% Solution GRAND TOTAL: $334,276.25 Seventeen bid invitations were issued and fifteen bids were received. Price comparison shows an increase of approximately 7% since May, 1982. 8. A word processing system for the Business Development Commission be purchased from IBM Corporation based on low bid meeting specifications in the amount of $16,865.20. The low bid of $16,000 by Marklin Corporation does not meet display, disk storage and print speed requirements. The second low bid of $16,490 by Burroughs Corporation is incomplete. Nine bids were received. Minutes Regular Council Meeting July 27, 1983 Page 8 9. The Brookhaven/Five Points Sanitary Sewer, Phase II project be accepted; final payment of $13,808.45, for a total of $91,698.50, be authorized to Cactus Utility Company; and the contractor be granted a three day time extension due to additional work authorized by change order. Gravity saritary sewer lines were installed in Hearn Road, Perry Lane, Rushing Boulevard, and Emory Drive under this 1977 bond project. 10. The Zavala Center Expansion project be accepted and final payment of $6,417.50 for total of $50,675, be authorized to L & L Construction Company. A 13 -day time extension is recommended due to minor delays in material delivery and additional work authorized by change order. This 8th Year Community Development Block Grant project provided for a 2,250 square foot addition to the Zavala Community Center located at 442 Mohawk Street. 11. Pend Oreille Oil and Gas Company be granted a permit to drill a directional well toward Portland, Texas, from an irregular location 100 ft. seaward of the Bay Park Area in Corpus Christi Bay. The State Tract 26 Well No. 2 will be drilled to a depth of 12,100 ft. The Bay Drilling Committee recommends that the permit be granted because the regular cluster location cannot be used since it is within the Bay Park Area and this would be the only cluster for State Tract 26. No other exceptions to the Bay Drilling Ordinance are requested. 12. Approving a change order to the contract with American Bell for $17,213.00 to add Municipal Court to the Dimension Feature Package 15 telephone system recently installed at the Police Department. Money for the purchase is available in the 1982-83 Revenue Sharing Budget. 13. The rates for the City's self-funded Group Health Insurance Program be increased by 10% effective August 8, 1983 to provide adequate funding to support present program levels and projected claims for Fiscal Year 1983-84. This rate change will not affect the employee cost for employee only health coverage which is presently provided at full City cost. Dependent coverage costs, shared on the basis of 50% City paid and 50% employee paid, will increase from approximately $1.03 per employee per pay period for children only dependent coverage to approximately $2.17 per pay period for employees carrying full family dependent coverage. Mayor Pro Tem Turner called for comments from the audience on items 1 through 13, and there was no response. A motion was made by Council Member Kennedy that the foregoing items be approved, seconded by Council Member Zarsky and passed unanimously. Council Member Gulley stated that he did have one question on item 13 and inquired if this would affect the City's cost. Minutes Regular Council Meeting July 27, 1983 Page 9 City Manager Martin stated that it would because the City pays all but $1 of the employees' cost and the City will pay $4 a month cost for each employee; there are 2,900 employees; and the City's total health insurance will be increased by $200,000. * * * * * * * * * * * * * Mayor Pro Tem Turner called for the consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 14 through 39. Council Member Gulley referred to item 20 which is the street improvement projects to be submitted to the Texas Department of Highways and Public Transportation for inclusion in the Urban Systems Program. He referred to the improvements to Saratoga Boulevard and City Manager Martin stated this is widening of the street to four lanes. Mr. Gulley continued by reminding the City Manager that the Council had set some priorities for the outer loop which would take the place of Padre Island Drive and they had discussed the City's responsibility to furnish the right-of-way to the airport and indicated that he felt that the loop should be Number #1 priority to help relieve the traffic on Padre Island Drive. Mr. Lontos explained that the first section of Saratoga is from South Staples Street to Everhart and this adds the improvements all the way to Ayers Street. Mr. Lentos continued by stating that this plan meets the criteria of the twenty-year plan and meets the mandate of the 1982 bond election. Council Member Zarsky inquired if these improvements will detract from the priority of South Padre Island Drive, and Mr. Lontos assured the Council that it will not affect that project at all because that is a state/federal job. Mayor Pro Tem Turner asked for an explanation of Ordinance 26 which proposes amending the mechanical contractor licensing ordinance. Mr. Bill Hennings, Assistant City Manager, explained that this is an amendment to the ordinance which will take effect September 1st. He informed the Council that the legislature did pass a state law similar to this and these are amendments to comply with the state law. He stated, however, that the effective date for the amendments will not be until June 30, 1984, Council Member Gulley referred to Ordinance No. 25 and mentioned the fact that in connection with the Corpus Christi/Nueces County Clean Community Services, Inc., the Council voted to fund the position of Executive Director. He stated that he hoped that this did not turn out to be another agency for which the City will have to provide funds. He stated that he would also like to have a periodic status report on this organization's accomplishments. Council Member Zarsky referred to items 23 and 24 which pertained to parks and inquired if all of the parks referred to are in Community Block Grant designated areas, and City Manager Martin replied in the affirmative. Minutes Regular Council Meeting July 27, 1983 Page 10 Mayor Pro Tern Turner referred to Ordinance No. 31 which is the second reading increasing the hotel occupancy tax from 4% to 7%. She pointed out that the Hotel/Motel Association has not had an opportunity to discuss this and inquired if it would be possible to table it for one week to provide the Association time to discuss this with City Staff members. City Manager Martin pointed out that it is only on second reading and they will have another opportunity to speak before the third reading. Mayor Pro Tem Turner called for comments from the audience on Crciinances 14 through 39. Mrs. Kathryn Findley, a teacher with the Corpus Christi Independent School Cistrict, described her educational background. She addressed item 31 and expressed approval of the increase in the hotel -motel tax rate. She offered an amendment for the use of this money. She spoke at length on an incident that had occurred when she was walking on Upper Broadway involving several young men who performed an obscene act at one of the churches in that vicinity. She suggested that a program be established for what she termed a "ministers' walk" and explained the benefit that had been realized in other areas by such a program. She also suggested that a disaster shelter be set up from the funds generated from the increase in the hotel -motel tax. Mayor Pro Tem Turner requested that she provide a written report with her suggestions for the Council. Council Member Kennedy pointed out to Mrs. Findley that the hotel -motel tax cannot be used for such purposes as she had mentioned. Mrs. Lilly White, representing the Nueces County Community Action Agency, referred to Ordinances 33 and 34 increasing gas and water rates. She pointed out to the Council that people on fixed incomes cannot afford to pay higher rates. Also speaking on the same two ordinances was Mr. Jack Gordy who suggested that the Council eliminate foolish spending so that there will be no necessity to increase utility rates. Council Member Hawkins indicated his concurrence with his suggestion and noted that he had proposed that the City take the surpluses out of the golf center and the marina fund to provide funds to eliminate the necessity to use public utilities in lieu of and franchise taxes for general fund budget. Mrs. Beatrice Stoney stated that she is a widow living on a fixed income and she did not feel she could handle an increase in gas and water rates. She informed the Council that her most recent gas bill was $47.00, and Mayor Pro Tem Turner suggested that this gas bill be checked to see if it is correct. Minutes Regular Council Meeting July 27, 1983 Page 11 Mr. John Edmonson stated that he resides on Kitchen Street and a lot of his neighbors are retired on fixed incomes; they reside in Tract 16; they have requested assistance on the payment of their bills; and with this increase, there will be even more requests for assistance. Speaking in regard to items 32, 33, 34 and 35, all of which deal with increases in various rates was Mr. Ronald McGee, 434 Linnett. He expressed opposition to them because of the number of unemployed and those on fixed incomes who cannot pay the higher rates. He noted that the utilities are owned by the City of Corpus Christi and they should be operated with no profit. He, too, objected to the in lieu of and franchise taxes being allocated to the general fund for other expenses. He reminded the Council that he had previously requested an investigation of the utility operation. City Manager Martin pointed out to Mr. McGee that the budget itself does not adopt utility rate increases but it does include appropriations if those are approveci. Dr. Dean Banks, speaking as an individual, expressed opposition to the utility rate increases, noting that people are very concerned about the transfer of funds from the utilities operation to the general fund. City Manager Martin emphasized the fact that there are no profits in the utility funds. He explained again that funds left over from the previous year are shown as funds available so that the Utility Department will have operating funds. Dr. Banks inquired if the City is operating at a deficit. Council Member Zarsky stated that he was of the opinion that the Utilities Office is operating at a deficit because there is no sinking fund to make repairs to the utilities and that is not good operating business practice since the City has to go back to the citizens for approval of bond issues to repair the utility operations. There were no further comments on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 14. CRDINANCE NO. 17721: CHANGING THE NAME OF THE STREETS LISTED BELOW WHICH ARE ALL LOCATED VIITHIN THE PADRE ISLES DEVELOPMENT. a. Mizzen Street to be changed to Skysail Street b. Cutlass Street to be changed to Crossjack Street; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taken. Minutes Regular Council Meeting July 27, 1983 Page 12 15. ORDINANCE NO. 177431: AMENDING THE MASTER SANITARY SEWER PLAN TO DELETE THE STAGE CONSTRUCTION CONCEPT PRESENTLY INCLUDED AND TO REALIGN SERVICE AREA BOUNDARIES, LIFT STATION AND TRUNK MAIN LOCATIONS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taken. 16. ORDINANCE NO. 17729: CLOSING THE RIGHT-OF-WAY OF HEARN ROAD EAST OF THE FIVE POINTS INTERSECTICN SUBJECT TO CERTAIN CONDITIONS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taken. 17. ORDINANCE NO. 17730: CLOSING AND ABANDONING THE 208 FOOT LONG PORTION OF 10 FOOT WIDE DRAINAGE EASEMENT WITHIN THE BOUNDARIES OF AND WHICH ABUTS THE NORTHWEST BOUNDARY LINE OF LOT LIR, BLOCK 1, SOUTH FORK SUBDIVISION; SUBJECT TO PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taken. 18. ORDINANCE NO. 17731: APPROPRIATING $3,066.25 FOR TESTING SERVICES PROVIDED BY ERES, INC., AND DYNATEST CONSULTING, INC. ON RUNWAY 13-31; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taken. 19. ORDINANCE NO. 17732: APPROPRIATING $5,500 FCR LABORATORY SERVICES TO BE PERFORMED BY TRINITY ENGINEERING TESTING CORPORATION IN CONNECTION WITH A PROPOSED OFFSHORE SAND RETENTION FACILITY ON CORPUS CHRISTI BEACH; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting July 27, 1983 Page 13 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taken. 20. ORDINANCE NO. 17733: AUTHORIZING SUBMISSION OF THE STREET IMPROVEMENT PROJECTS LISTED BELOW TC THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR INCLUSION IN THE URBAN SYSTEMS PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taken. 21. ORDINANCE NO. 17734: APPROPRIATING $234,758.80 TO SUPPLEMENT $101,489.60 REMAINING FROM EXISTING CONTINGENCY APPROPRIATIONS TO VARIOUS PROJECTS AS SHOWN ON EXHIBITS "A" AND "B"; AUTHORIZING A REIMBURSEMENT CF $336,248.40 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taken. 22. ORDINANCE NO. 17735: APPROPRIATING TFIE SUM CF $56,964.42 OUT OF VARIOUS BOND FUNDS FOR EXPENSES IN CONNECTION WITH THE SALE OF $11,045,000 GENERAL IMPROVEMENT BONDS, SERIES 1983, ON MAY 18, 1983; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taken. 23. ORDINANCE NO. 17736: APPROPRIATING $5,234.34 OUT OF MULTICULTURAL FUND NO. 265 AND $7,073.90 OUT OF THE PARK TRUST FUND NO. 111, AND $7,629.36 OUT OF SIXTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR REIMBURSEMENT AT VARIOUS PARKS TO THE GENERAL FUND NO. 102-266-518.43-603; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dunphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taken. Minutes Regular Council Meeting July 27, 1983 Page 14 24. ORDINANCE NO. 17737: AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR FINANCIAL ASSISTANCE FROM THE STATE OF TEXAS PARKS AND WILDLIFE DEPARTMENT FOR AID IN REIMBURSEMENT TO NUECES COUNTY FOR MAINTENANCE SERVICES PROVIDED ON THE CITY OF CORPUS CHRISTI PUBLIC BEACH AT PADRE ISLAND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taken. 25. ORDINANCE NO. 17738: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CORPUS CHRISTI/NUECES COUNTY CLEAN COMMUNITY SYSTEM, INC. FOR FUNDING ASSISTANCE NOT TO EXCEED $19,500; APPROPRIATING $19,500 FROM NINTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; ANC DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taken. 26. FIRST READING: AMENDING THE I•WECHANICAL CONTRACTOR LICENSING ORDINANCE TO DELETE PROVISIONS FOR LICENSING 6Y WRITTEN EXAMINATION; TO EXEMPT HOLDERS OF STATE OF TEXAS AIR CONDITIONING CONTRACTORS LICENSES; AND TO DELAY THE EFFECTIVE DATE UNTIL JUNE 30, 1984. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taken. 27. SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A MODIFICATION OF LEASE ACREEMENT WITH FIRST CITY BANK OF CORPUS CHRISTI, TRUSTEE, AND CHARLES N. RAYBURN, COVERING COMMERCIAL HANGARS AND FIXED BASE AVIATION LEASE PLOTS AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, MODIFYING THE EXISTING ASSIGNMENTS AND LEASE AGREEMENT, AND PROVIDING FOR A NEW THIRTY (30) YEAR LEASE UPON COMPLIANCE WITH ARTICLE VIII, SECTION 2(c) BY CHARLES N. RAYBURN, ALL AS SHOWN IN THE MODIFICATIONS OF LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "1". Minutes Regular Council Meeting July 27, 1983 Page 15 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taken. 28. SECOND READING: CONSENTING TO THE SUBLEASE BY CHARLES N. RAYBURN TO OMNIFLIGHT OFFSHORE, INC. OF THE 0.918 ACRE SITE OCCUPIED BY DOT HELICOPTER AT CORPUS CHRISTI INTERNATIONAL AIRPORT UNTIL JULY 13, 1990, CONDITIONED UPON PAYMENT OF OUTSTANDING TAXES, GRCUND RENTALS, AND FUEL FLOWAGE FEES, AND FURTHER CONDITIONED UPON DEVELOPMENT OF THE REMAINING 2.570 ACRES OF THE RAYBURN LEASE ASSIGNMENT, AND OTHER CONDITIONS ALL AS SET FORTH IN THE "CONSENT OF CITY", A SUBSTANTIAL COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "1". The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taken. 29. SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND JACK RYAN FOR THE ANNEXATION OF APPROXIMATELY 41.83 ACRES OF LAND KNOWN AS WILLOWICK ADDITION NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CFIRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taken. 30. SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND ROGER SEAMAN FOR THE ANNEXATION OF APPROXIMATELY 44.59 ACRES OF LAND KNOWN AS SOUTHFORK UNIT 2 NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. Minutes Regular Council Meeting July 27, 1983 Page 16 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky vcting, "Aye"; Jones, absent at the time the vote was taken. 31. SECOND READING: AMENDING SECTION 17-36 OF THE CITY CODE BY AMENDING THE FIOTEL OCCUPANCY TAX FROM FOUR PERCENT TO SEVEN PERCENT (7%): PROVIDING FOP AN EFFECTIVE DATE; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taken. 32. SECOND READING: AMENDING ARTICLE III, WATER RATES, SECTION 55-51, CHARGES FOR RECONNECTING AND REPLACING METERS, AS AMENDED, AND ARTICLE IV, GAS RATES, SECTION 55-62, CHARGES FOR RECONNECTING AND REPLACING METERS, AS AMENDED, TO INCREASE THE SERVICE CHARGE FOR RECONNECTION CF SERVICE THAT HAS BEEN DISCONNECTED DUE TO A FAILURE TO PAY A DELINQUENCY; REPEALING ALL ORDINANCES HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy arc: Zarsky vcting, "Aye"; Jones, absent at the time the vote was taken. 33. SECOND READING: AMENDING CHAPTER 55, UTILITIES, ARTICLE IV, GAS RATES AND CHARGES, SECTION 55-61, CLASSIFICATION OF CUSTOMERS AN -15 SCHEDULES OF RATES, AS SET FORTH IN ORDINANCE NO. 17155, AS AMENDED, 5C AS TO CHANGE THE SCHEDULE OF CAS RATES FOR ALL CUSTOMERS TO THE CITY -OWNED GAS DISTRIBUTION SYSTEM BY PROVIDING A NEW SCHEDULE OF RATES FOR ALL GAS CUSTOMERS; PRCVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "nay"; Jones, absent at the time the vote was taken. Minutes Regular Council Meeting July 27, 1983 Page 17 34. SECOND READING: AMENDING SECTION 55-50 OF THE CITY CODE OF ORDINANCES, 1976 REVISION AS AMENDED BY ORDINANCE 17166, PASSED AND APPROVED JULY 28, 1982, BY AMENDING CERTAIN SCHEDULES THEREIN SC AS TO INCREASE WATER RATES FOR CUSTOMERS USING TREATED OR UNTREATED WATER. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "nay"; Jones, absent at the time the vote was taken. 35. SECCNC READING: AMENDING SECTION 55-100 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, SO AS TO PROVIDE CERTAIN INCREASES IN WASTEWATER RATES; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taken. 36. SECOND READING: AMENDING SECTIONS 21-7, 21-18 THROUGH 21-21.1, AND 21-46 OF THE CODE OF ORDINANCES SO AS TO INCREASE GARBAGE COLLECTION AND DISPOSAL CHARGES APPROXIMATELY THREE PERCENT (3%) EFFECTIVE WITH THE FIRST BILLING CYCLE IN THE MONTH OF AUGUST, 1983; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taken. 37. THIRD READING - ORDINANCE NO. 17739: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND CANE HARBOR BAY COMPANY FOR THE ANNEXATION OF APPROXIMATELY 18 ACRES OF LAND KNOWN AS CANE HARBOR BAY, PADRE ISLAND, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. Minutes Regular Council Meeting July 27, 1983 Page 18 The foregoing ordinance was read for the third time and passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taken. 38. THIRD READING - ORDINANCE NO. 17740: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND B & G BUILDERS, INC. FOR THE ANNEXATION OF APPROXIMATELY 32.93 ACRES OF LAND; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; The foregoing ordinance was read for the third time and passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taker. 39. THIRD READING - ORDINANCE NO. 17741: ADOPTING THE STANDARD PLUMBING CODE, 1982 EDITION, AND THE STANDARD GAS CODE, 1982 EDITION, WITH CERTAIN CHANGES THEREIN AND ADDITIONS THERETO, AS THE PLUMBING CODE OF THE CITY OF CORPUS CHRISTI; AND PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 1, 1983. The foregoing ordinance was read for the third time and passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, absent at the time the vote was taken. * * * * * * * * * * * * * * * Mayor Jones who had returned to the meeting at 4:44 p.m., called for Consideration of Actions by Ordinance from the Regular Agenda. City Manager Martin referred to item 40 which is the third reading authorizing the 40 -year lease agreement with Bayfront Associates, Ltd. and informed the audience that copies of the lease could be obtained from the City Secretary's Office any time after the morning of July 28th. Mayor Jones called for consideration of item 41 which is the first reading adopting the Project Plan for Reinvestment Zone #1. He explained that this is the formal action for the Council to approve this plan which was previously approved by the Board of Directors of the Zone on July 20th. Minutes Regular Council Meeting July 27, 1983 Page 19 Council Member Kennedy asked City Attorney Aycock if it was still his opinion that he (Dr. Kennedy) and Mayor Pro Tem Turner do not have a conflict of interest iri voting on this because of ownership in small pieces of property in Corpus Christi Beach. City Attorney Aycock again assured them that there was no conflict of interest in their approving this plan because of the ownership of two small pieces of property in one location of the Zone. Mrs. Pauline Clarke addressed the Council in regard to the same item on behalf of the League of Women Voters. She stated that the Board of Directors has approved a statement in regard to the Bayfront Plan and they recommend that the plan include the following items: (1) creation of a special zoning district for the bayfront area; (2) demolition of public buildings on the Shoreline Boulevard median as the buildings are no longer needed for City use and dedication of the median as a parkway; (3) the concept of adding one well planned quality land mass to the already existing L -Head and two T -Heads; and (4) a detailed plan for security protection of the public in its use of public facilities such as beaches, parks and marina areas. She stated that they further recommend that the City Council establish a Bayfront Commission which commission should have the power to pass on the acceptability of any project proposed for the bayfront in order to preserve this unique asset. Mrs. Clarke also suggested that the Commission be charged with deciding acceptable building height and architecture landscaping, density of use, and the impact on the environment or ecology. She suggested that in order to insure the Committee's credibility with the community, members should be chosen to represent various segments of the community with different viewpoints. City Manager Martin pointed out to Mrs. Clarke and other members of the audience that the meetings must be public any time the bayfront development is discussed; any item approved by the City Council would be by ordinance at which time public comment would be invited from any member in the audience. Council Members Kennedy and Hawkins indicated that they concurred with Mrs. Clarke's suggestions. Mr. Hawkins stated that he is vitally interested in establishing a Bayfront Commission as was suggested by Mayor Pro Tem Turner some time ago. City Manager Martin stated that this Commission should be discussed by the City Council but since this Council only has two more meetings, all of the agendas would be very crowded. Mayor Pro Teri Turner suggested that the Bayfront Commission be discussed during the week -end workshop following the Runoff Election. There were no further comments on the ordinances; City Secretary Read polled the Council for their votes on Ordinance 41 and it passed as follows: Minutes Regular Council Meeting July 27, 1983 Page 20 41. THIRD READING - ORDINANCE NO. 17771: APPROVING THE PROJECT PLAN OF THE REINVESTMENT ZONE NUMBER ONE, CITY OF CORPUS CHRISTI, TEXAS. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Mayor Jones called for the consideration of the third reading of the ordinance providing for a permit of users of alarm systems and providing for a service fee for excessive false alarms. Mayor Pro Tem Turner noted that it had been suggested that the federal electric standards be applied to the alarm systems and that they be exempt from the ordinance. City Manager Martin requested that Mr. Tom Basile, Assistant to the City Manager, explained the amendments that had been made to the ordinance. Mr. Basile stated that one of the amendments suggested by the companies was to exempt from the ordinance any alarm systems that are approved by underwriters laboratories. He explained that the Staff did not approve this amendment because it would constitute an endorsement by the City of a particular type of alarm system and also, the Staff has no assurance that this would prevent false alarms. Mr. Basile continued by referring to his mernorandum dated July 26, 1983 in which he provided an explanation of amendments proposed by Mr. Ken Riley to the alarm system ordinance as passed on second reading. He referred to the following: Amendment #1 expand the list of organizations exempt from the provisions of the ordinance to include nonprofit entities or corporations but to require that they be registered with the Police Department with no permit fee charged. Mr. Basile stated that the Staff did net recommend this exemption so as to not place the City in the position or regulating other governmental entities. Amendment #2 would in effect provide that any alarm caused by any condition clearly beyond the control of the alarm user would not be considered a false alarm even if there was no evidence of criminal activity. He stated that the Staff does not recommend a change in this provision because it would be easy to determine the presence of the four weather conditions included in the ordinance and expanding the provision to include any condition clearly beyond the control of the alarm user would make administration of the ordinance more difficult. Minutes Regular Council Meeting July 27, 1983 Page 21 Amendment #3 would amend the service fee portion of the ordinance. The proposed amendment would reduce the service fee to $10 and further provide that a $25 citation be issued if the responding police officer determines that the false alarm was caused by a person at the alarm site. The Staff does not recommend reduction of the $30 service fee. Amendment #4 Would provide for a formal appeal process from the assessment of a service fee as well as for denial or revocation of alarm system permit. Mr. Basile stated that the ordinance contains a prevision for a formal appeal process fcr denial or revocation of a permit but the Staff does not recommend a formal appeal process for assessment of a service fee because it would make administration of the ordinance much more complicated. Mayor Jones asked Chief Banner to explain why this ordinance is needed. Police Chief Bill Banner explained that the ordinance will hopefully effectively reduce the number of false alarms to which the police must respond; it will allow for better police coverage all over the City; and it will provide a means by which the Police Department can determine what is causing the false alarms and he felt that it would help the security companies. Chief Banner continued by stating that there will be 120 days before the ordinance will be in effect after publication. City Manager Martin also explained to the Council that the City will have a liason person to work with the security companies on this. Mr. Ken Miller, speaking on behalf of the security companies, stated that the UL certifications which they referred to is different from the usual UL certifications in that it requires quarterly inspections of the buildings. He also objected to the fact that governmental agencies are not required to have a permit and pointed out that there are approximately 10,000 such buildings in the City and they feel that they should be registered. He also stated that he felt that the service fee amount was unfair. Mayor Jones pointed out that the statement had been made that most of the false alarms are human failures, not equipment failures. Mr. Miller stated that he was of the opinion that the primary problem of false alarms was mechanical. Council Member Dumphy assured Mr. Miller that the City and the Police Department will continue to work with the security system ccicHarmAsee to improve the ordinance. Cf��:.a. Minutes Regular Council Meeting July 27, 1983 Page 22 Mr. Ken Riley informed the Council that everyone in their association had agreed to the amendments which they had proposed. He referred to the UL standards and emphasized the fact that the City Council adopted the Southern Standard Building Code which includes the requirement pertaining to UL standards. He stated that they really wanted the City to encourage the use in sale of UL certified equipment and he, too, objected to the exemption of the governmental entities from registration. He also stated that he felt that citations should be issued instead of service fees of $30 being charged. He also pointed out that he felt that the service fees or fines should be appealable. Council Member Kennedy agreed that possibly the fees should be subject to appeal. Dr. Kennedy then made a motion that the ordinance be amended to make citations or service fees appealable to the City Manager. The motion was seconded by Mayor Pro Tem Turner and passed unanimously. City Manager Martin pointed out that the appeal system applied to revocation of permits and inquired if the Council meant for the fines or service fees to be appealable. City Manager Martin stated that if the City receives appeals from a large number of citizens, then no one will pay their fines or service fees. Council Members indicated that they did want the appeal process included in the ordinance and mentioned that it could be appealed to the City Manager or his designated representative. City Secretary Read polled the Council for their votes on the amended ordinance as follows: 42. THIRD READING - ORDINANCE NO. 17742: PROVIDING DEFINITIONS; PROVIDING FOR ISSUANCE OF A PERMIT TO ANY PERSON WHO OPERATES OR CAUSES TO OPERATE CERTAIN ALARM SYSTEMS; PROVIDING FOR SERVICE FEES FOR CITY RESPONSES TO EXCESSIVE FALSE ALARMS; PROVIDING FOR REVOCATION OF PERMITS: APPEAL FROM SERVICE FEE, DENIAL OR REVOCATION OF A PERMIT; PROVIDING STANDARDS FOR ALARM PROTECTIVE SERVICES AND ALARM SYSTEM OPERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERANCE CLAUSE; PROVIDING A PENALTY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent at the time the vote was taken. Mayor Jones called for consideration of Ordinance No. 43 which is the resolution providing that the revenue from the additional hotel/motel occupancy tax be committed to: a. supporting the operating costs of the Convention Center Minutes Regular Council Meeting July 27, 1983 Page 23 h. providing a fund for equipment, improvements and major maintenance projects for the Convention Center, and c. for expansion of the Convention Center facility and major capital improvements related to the facility such as the development of the central plaza area. City Manager Martin explained that the Council had requested that the Staff devise a policy statement containing the goals for use of the hotel/motel tax increase because of their concern about the use of those funds specifically for the water garden. He assured the Mayor and the Council that this ordinance could be on three readings but it is not official action, merely a resolution. He stated that he felt that it was important for the hotel/motel industry to know where the funds will be used. Mr. Royce Tate, 215 Oleander, inquired if the second reading of the ordinance authorizing the tax was tabled. Mayor Pro Tem Turner stated that it was not since it was passed on second reading. Mr. Tate informed the Council that he understood that there was a deal made in the hallway that the second reading would be tabled today. He informed the Council that about twenty people were present to speak in opposition to the ordinance and they departed the meeting with the understanding that the ordinance would not be considered during the meeting. City Manager Martin assured him that the ordinance increasing the hotel/motel tax was passed ori second reading. Mr. Tate continued by informing the Council that the Hotel/Motel Association was informed that a meeting would be set up for Tuesday of the following week between the Mayor, the Mayor Pro Tem and the City Manager. He inquired about the status of such a meeting, (The Mayor, the Mayor Pro Tern and City Manager denied having discussed such a meeting). Mayor Jones stated that he would be surprised if the hotels did agree with this additional tax. He stated that he would be glad to meet with any members of the Association but he was completely in favor of this tax increase. He expressed the opinion that this tax would not have any detrimental effect on the hotels and motels business. He then asked Mr. Tate to inform the members of the Association that they could speak next week prior to the third reading of the ordinance. City Secretary Read polled the Council for their votes on the resolution and the following was passed: Minutes Regular Council Meeting July 27, 1983 Page 24 43. RESOLUTION NO. 17743: THAT THE ADDITIONAL REVENUE FROM THE ADDITIONAL 3% ROOM OCCUPANCY TAX BE COMMITTED TO SUPPORTING THE OPERATIONAL COSTS OF THE CONVENTION CENTER; PROVIDE A FUND FOR EQUIPMENT, IMPROVEMENT AND MAJOR MAINTENANCE PROJECTS FOR THE CONVENTION CENTER: PROVIDE A FUND FOR EXPANSION OF THE CONVENTION CENTER FACILITY AND MAJOR CAPITAL IMPROVEMENTS RELATED TO THE CONVENTION CENTER FACILITY SUCH AS THE DEVELOPMENT CF THE CENTRAL PLAZA AREA; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Turner and Hawkins, absent at the time the vote was taken. Mayor Jones called for consideration of item no. 44, the City's Compensation -Classification Plan. City Manager Martin explained to the Council that this comprises a large portion of the budget and funds for this item are included in the budget. He pointed out that this does not include the package for the Fire and Police Eudgets but funds remain in the budget for them. He pointed out that the $150 lump sum payment for each employee represents approximately an additional 1`= salary increase. He stated that the Managerial Group will receive somewhat less than other employees and the only other changes are language changes and the requiren.ent that safety shoes be worn in certain occupations. City Secretary Read polled the Council for their votes and the following ordinance was passed: 44. ORDINANCE NO. 17744, 17728 and 17745: AMENDING THE COMPENSATION ORDINANCE 3658 OF THE COMPENSATION/CLASSIFICATION PLAN SECTION 250, BY SUBSTITUTING NEW SUBSECTIONS 251, 252, 253, 254, 255, 256, and 257; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent at the time the vote was taken. ORDINANCE NO. 17728: ESTABLISHING A NEW COMPENSATION/CLASSIFICATION PLAN ORDINANCE NO. 17728 TO ESTABLISH NEW SECTION I, LUMP SUM PAYMENT, AND SECTION II, MANAGERIAL GROUP SALARY ADJUSTMENTS; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting July 27, 1983 Page 25 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent at the time the vote was taken. ORDINANCE NO. 17745: AMENDING COMPENSATION ORDINANCE NO. 8127 OF THE COMPENSATION/CLASSIFICATION PLAN BY AMENDING SUBSECTION 501, SALARY SCHEDULES, SECTION 510, MANAGEMENT GROUP, SECTION 700, SPECIAL COMPENSATION PROVISIONS, SECTION 800 OVERTIME COMPENSATION, CT -ON 900 HOLIDAYS, SECTION 950, LEAVES OF ABSENCE, SECTION 955, SPECIAL LEAVE, AND SECTION 1000, REQUIREMENT AS TO CONTINUITY OF SERVICE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent at the time the vote was taken. There was no discussion on Ordinance No. 45, Adoption of the Budget; City Secretary Read polled the Council for their votes; and the following ordinance was passed: 45. ORDINANCE NO. 17746: ADOPTING AND APPROVING CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 1983, AND ENDING JULY 31, 1984, ACCORDING TO THE CITY CHARTER FOR PURPOSE OF FILING ADOPTED BUDGET WITH COUNTY CLERK UNDER TEXAS BUDGET LAW, BEING SUBJECT CF APPROPRIATION HEREUNDER OF MONIES FOR SAID BUDGET; PROVIDING SAVINGS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent at the time the vote was taken. Council Member Dumphy stated that he felt that this has been the best prepared budget that he has seen in the four years he has been a Council Member. He complimented the Staff on their efforts and stated that he felt that it is a good idea to examine the income of the City several times during the year so that adjustments can be made. Mayor Fro Tem Turner informed the members of the audience that the preparation of the budget was very difficult this year because of the decrease in sales tax and pointed out that the General Fund budget is only one-half of the entire budget. Minutes Regular Council Meeting July 27, 1983 Page 26 City Secretary Read polled the Council for their votes on Ordinance 46 and the following was passed: 46. ORDINANCE NO. 17747: PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE YEAR 1983 AND FCR EACH SUCCEEDING YEAR THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEARS AS THE SAME MAY BE APPLICABLE; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent at the time the vote was taken. Mayor Jones called for consideration of Ordinance No. 47. City Manager Martin explained the ordinance to the Council by stating that one of the things that had concerned him were the positions that require City Council approval. He explained that this item establishes a formalized organizational structure for the City of Corpus Christi and lists the various positions that require Council approval. To the Mayor's question, Mr. Martin explained that the only people who report directly to him are three assistants, Legal Department, Finance and Police and Fire, or in other words, he has only about eight people reporting directly to him. City Secretary Read polled the Council for their vote on this ordinance and it passed as follows: 47. ORDINANCE NO. 17748: AMENDING CHAPTER 2 OF THE CITY CODE TO EFFECT A REORGANIZATION OF THE CITY ADMINISTRATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Durrphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent at the time the vote was taken. * * * * k * * * * * * * * * Mayor Jones announced the public hearings on four zoning applications. City Manager Martin stated that he would like to withdraw Zoning Case #48 which is the amendment to the Zoning Ordinance pertaining to directional signs. Mayor Jones noted that a large number cf people were present in regard to the application cf Westwood Baptist Church and suggested that it be considered first. Minutes Regular Council Meeting July 27, 1983 Page 27 51. Application No. 683-13, Westwood Baptist Church, for a change of zoning from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District on Lot 5, Block 9, Highway Village 2, located on the east side of Countiss Drive, approximately 400' south of Leopard Street. The 20% rule is in effect. Assistant City Manager Tom Utter informed the Council that the 20% rule is in effect on this zoning application and it will require six affirmative votes to approve. He stated that seventeen notices of the public hearing had been mailed and two in favor and five in opposition had been returned. He informed the Council that a petition containing 79 signatures from outside the area of notification expressing no opposition to a small apartment house complex had been received also. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area, and pointed out the "R-2" zoned district where the six-plex is located which was approved on September 1, 1980 and which the Staff felt would serve as a transition zone between the business zoning and the already established single-family dwelling area. He stated that both the Planning Commission and Planning Staff recommend denial because this zoning would represent an intrusion into the established single-family neighborhood. Mayor Jones invited the applicant to speak. Reverend J. L. McCreless explained that this lot was left over from some construction of the church; they sold the lot to the north where the six-plex is now located; the subject lot is very large and is not suitable for one residence; and stated that they need to sell this lot to generate funds for a bus for their church. He referred to the petition they had obtained from the 79 people who have no objection to a small apartment complex, noting that all of them who signed the petition live within two blocks of the subject property. He stated that most of the people in opposition are former members of this church. He also stated that the prospective purchaser plans to construct the same kind of complex as the six-plex that is in existence and informed the Council that the sante contractor who built the six-plex is the one who plans to purchase this property. Mayor Jones called on members of the audience who are in favor of the change of zoning to speak first. Mrs. Billy Morehead stated that he was the builder of the six-plex; he plans to purchase this property to build a similar complex on this property; and he is of the opinion that it will actually improve the area at the same time it assists the church in generating funds. He informed the Council that he plans to construct four one -bedroom units and two two-bedroom units. Mr. Jack Dunn explained that the church needs money to purchase a bus and to paint their church. He also pointed out that the apartments will be very nice and will actually improve the neighborhood. Minutes Regular Council Meeting July 27, 1983 Page 29 Mayor Jones ascertained that no one wished to speak in regard to this application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the change of zoning and the following ordinance was passed: 49. ORDINANCE NO. 17749: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF B. W. BELL, SR. AND B. W. BELL, JR. BY CHANGING THE ZONING MAP IN REFERENCE TO A. PORTION OF SECTION 8, RANGE S, KINNEY SECTIONALIZED LANDS, FROM "1-2" LIGHT INDUSTRIAL DISTRICT TO "T -1E" MOBILE HOME PARK DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Kennedy and Zarsky voting, "Aye"; Gulley, abstained; Hawkins, absent at the time the vote was taken. s. * i. * * * * * * * * * * * * * Mayor Fro Tem Turner departed the meeting at 7:02 p.m. * * * * * * * * * * * * * * * * 50. Application No. 683-12, Mr. Donald F. Anthony, for a change of zoning from "B-4" General Business District to "1-2" Light Industrial District on 0.74± acres out of the northeast half of Tract B, Lot 1, Lokey Subdivision, located approximately 412' east of 5. Staples Street and approximately 300' south of Holly Road. Assistant City Manager Utter stated that in response to the seven notices of the public hearing, two in favor and none in opposition had been returned. Mayor Jones ascertained that no one in the audience wished to speak in opposition to this request. A motion was made by Council Member Dumphy that the hearing be closed, seconded by Council Member Gulley and passed unanimously. City Secretary Read polled the Council for their vote on this ordinance and the following was passed: 50. ORDINANCE NO. 17750: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF DONALD F. ANTHONY BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF TRACT B, LOT 1, LOKEY SUBDIVISION FROM "B-4" GENERAL BUSINESS DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT; Minutes Regular Council Meeting July 27, 1983 Page 30 AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Turner and Hawkins, absent. * * * * * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the acenda. Mr. Harry Simmons, 400 Delaine, addressed the Council in regard to an addition to Lamar Park Shoppinc Center. He informed the Council that the owner started an addition; he contacted the owners and other property owners en the block and he questioned whether or not the owner has a permit. He stated that one of his neighbors had found out that a permit had not been issued to the owner and there was no way that he could meet the requirements for his planned addition. He informed the Council that they later found out that a permit had finally been issued and he requested that (1) the City Staff investigate the requirements for additions to the center; (2) a traffic analysis be taken; and (3) have the Staff investigate the fire protection for the new addition as well as the property owners who will be opposite the alleyway. He noted that it is questionable if the 15 -foot alley would be adequate for fire trucks to respond; (4) the original deed restrictions require 100 feet of parking area and they feel that this requirement has been violated. He asked that the City review the deed restrictions on this facility. Mayor Jones requested that the City Manager provide a report to the Council and to Mr. Simmons in regard to this matter. Council Member Gulley explained to Mr. Simmons that the City cannot do anything about deed restrictions but they can certainly investigate the rest of the allegations. Mr. Ron McGee informed the Council that for the last two years, the Flour Bluff Volunteer Fire Department has had difficulty in obtaining funds. He presented a petition containing 1 ,521 signatures and stated that they are planning to have a nonbinding referendum for taxes to provide funds for the Flour Bluff Volunteer Fire Department. He stated that his petition expresses the opinion that the City of Corpus Christi should continue furding the Volunteer Fire Department. City Manager Martin informed Mr. McGee that the City budget contains $44,000 designated for the Flour Bluff Volunteer Fire Department. He pointed cut that no one had appeared before the Council at any time during the budget meetincs to request additional funding for the Fire Department. He also pointed out that this petition was presented after the adoption of the budget. Mr. McGee pointed out that the petition was actually signed in January of 1983 but was apparently lost or stolen and never turned in. Minutes Regular Council Meeting July 27, 1983 Page 31 Council Member Gulley assured Mr. McGee that the City Council is not attempting to abolish the Volunteer Fire Department and reiterated that they had funded the Fire Department in the amount of $44,000. He also pointed out that no one had appeared before the Council requesting additional funds. There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Council Member Zarsky and passed unanimously, the Regular Council Meeting was adjourned at 7:25 p.m., July 27, 1983. * * * * * * * * * * * * * * DZ/rr