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HomeMy WebLinkAboutMinutes City Council - 10/26/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 26, 1983 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: David Berlanga, Sr. Leo Guerrero Herbert Hawkins, Jr. Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik City Manager Edward A. Martin City Attorney Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Doug Halberson of Faith Temple Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member David Berlanga. 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 Berlanga that the Minutes of the Regular and Special Council Meetings of October 19, 1983 be approved as presented; seconded by Council Member Leo Guerrero; and passed unanimously. Mayor Jones called for presentations on the following items: 1. Resolution and presentation commending Police Officer Ruben Cisneros on his appointment to the State Commission on Law Enforcement Officer Standards -Education. SDI 91984 MICROFILMED nutes .<egular Council Meeting October 26, 1983 Page 2 City Manager Martin stated that he hopes that the Council is aware that City employees become involved in affairs other than in the City. He pointed out that before them for their consideration was a resolution to be adopted to recognize a City employee who has been nominated by Governor Mark White to serve on the State Commission on Law Enforcement Officer Standards -Education. He explained that this is a Commission to set standards for training. He explained that the procedure would be for the Council to adopt a resolution and a copy will be provided Sergeant Cisneros. City Manager Martin then read the resolution. A motion was made by Mayor Pro Tem Turner that the resolution be adopted, seconded by Council Member Berlanga and passed unanimously. RESOLUTION NO. 17907: RECOGNIZING THE APPOINTMENT OF SGT. RUBEN B. CISNEROS TO THE TEXAS COMMISSION ON LAW ENFORCEMENT STANDARDS AND EDUCATION. The Charter Rule was suspended and the foregoing resolution passed by the following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Hawkins and Kennedy, absent at the time the vote was taken. Sergeant Cisneros stated that the Honorable Norman Utter was present to administer his oath as a member of the Board to which he was appointed. Judge Utter then administered the oath to Sergeant Cisneros. Mayor Jones noted that a presentation was scheduled on the Crime Stoppers Program. Mayor Jones then stated that he had issued a proclamation in connection with this program designating the month of November as "Crime Stoppers Month". Mr. Jack Graham, immediate past Chairman of the Corpus Christi Crime Stoppers, Inc., stated that he would like to present the results of their first twenty-one months of operation. He then provided facts and figures pertaining to crimes that had been solved and noted that they would not have been so successful without the clues provided by citizens. Mr. Graham then introduced the new officers of the corporation as follows: Dr. Mike Speed, Chairman; Bob Gilmartin, Vice President; Steve Craig, Secretary; and BiII Dudley, Treasurer. He then introduced two officers with the Corpus Christi Police Department, Sergeant David Norton and Sergeant Dave Smith, who assist them in the program. Mayor Jones then expressed appreciation to Mr. Graham and the other members of the organization for their worthwhile efforts on this program. * * * * * * * * * * * * * * * inutes Kegular Council Meeting October 26, 1983 Page 3 Mayor Jones administered oaths to the following new appointees to Boards and Committees: Mrs. Allie Fay Pitts and Mrs. Ella Frances Clerkley, Museum Advisory Board; Mrs. Elizabeth Gunter, Senior Community Services Board; Mrs. Rosie Garza, Municipal Arts Commission; and Mr. Joe Martinez, Park and Recreation Board. Council Member McComb then recognized the Fifth Grade Class from St. James School, accompanied by their teacher, Ms. Pam Hildreth. * * * * * * * * * * * * * * Mayor Jones called for consideration of Consent Motions on the following items: 1. Bids be received November 15, 1983, for a twelve months supply agreement, with an option to extend for an additional twelve months, subject to the approval of the City Manager, or his designee, for mufflers, tail pipes and related exhaust system parts and service. Estimated annual expenditure is $15,000. 2. Bids be received November 15, 1983, for captive replacement and repair parts for parking meters manufactured by and available only from Duncan Industries. Estimated expenditure $10,000. 3. Bids be received November 15, 1983 for a twelve months supply agreement, with option to extend for an additional twelve months, subject to the approval of the supplier and the City Manager, or his designee, for portable chemical toilet service. An estimated twenty two units will be required for Nueces River Park, Corpus Christi Beach, Westside and Elliott Landfills, and at various Public Utility Department construction sites. Estimated expenditure $17,000. 4. Bids be received November 22, 1983 for one automatic pump priming system for Water Division, Savage Lane Plant. Estimated $15,000. 1983-84 Capital Outlay. 5. Bids be received November 29, 1983 for twelve ton tilt bed equipment trailers for Water and Wastewater Divisions. Estimated expenditure $21,500. 6. Bids be received November 22, 1983, for twelve months supply agreement, with option to extend for an additional twelve months at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for Commercial, Automotive and Golf Cart Batteries for Maintenance Services, Fire, Transit, and Golf Center. Estimated expenditure $43,000. nutes ttegular Council Meeting October 26, 1983 Page 4 7. Bids be received November 22, 1983, for a twelve months supply agreement, with option to extend for an additional twelve months at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for commercial grade oxygen, acetylene and nitrogen gas used by all City divisions for welding. These items are stocked in the City Warehouse. Estimated annual expenditure $5,900. 8. Proposals be received November 28, 1983, for the rehabilitation of eight (8) transit buses. This item is included in the Federal Grant TX -05-0073-01. Estimated expenditure $400,000. 9. Bids be received November 29, 1983, for a twelve months supply agreement, with option to extend for an additional twelve months at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for Data Processing Cards and Forms. Estimated expenditure $65,000. 10. Bids be received December 13, 1983 for five replacement refuse trucks for the Sanitation Division. Estimated expenditure $275,000. Mayor Pro Tem Turner referred to item 8 and inquired if the Transit buses will include wheelchair lifts. City Manager Martin stated that that is an entirely separate discussion because he did not believe there is a federal regulation requiring this at this time because of the terrific expense. He stated that the cities all feel that special buses should be equipped for the handicapped rather than having every bus so equipped. Mayor Pro Tem Turner then inquired if any consideration had been given to revamp the buses in the future to make them more appealing to riders, and City Manager Martin that nothing has been done along this line. Council Member Kennedy stated that the Council had discussed this in connection with a long range program to create interest in people use in the downtown area. * Council Member Hawkins arrived at 2:35 p.m. Council Member Berlanga referred to the low ridership on the buses and inquired if any consideration had been given to purchasing smaller buses. City Manager Martin explained that this had been studied and informed him that buses have to be designed to meet the needs at the largest ridership time. He stated that the cost of operating the different sizes of buses is very minimal. He stated that bids will be received on smaller buses in the future in order to perform a limited testing program but it is the Staff's understanding that the cost of the smaller buses is about 90o of the cost of standard size buses and very little savings would be effected. He pointed out that federal standards must be met also. inutes r(egular Council Meeting October 26, 1983 Page 5 11. Authorizing the City to participate in a joint planning effort with Nueces County to further evaluate the feasibility of a joint City -County jail and to develop an implementation strategy for the consolidation of jail facilities. 13. Approval of the settlement of liability claim number 8100194 in the amount of $24,514. 14. Twelve months supply agreement for backfill and bedding sand be approved based on only bid received to Bay, Inc., Corpus Christi, Texas, for an estimated annual expenditure of $12,110. Prices have increased approximately 12% since last contract in 1982. Increase is due to higher quality material specified by the City. Ten bid invitations were issued, and one bid was received. A sample survey of bidders indicates bid invitations were received by the suppliers and responses were not received because two bidders do not handle the material, one bidder could not be competitive because of long haul distances, and two bidders did not bid because of lack of interest, although able to supply the materials. 15. Twelve months supply agreement for Mueller tapping and drilling machine drill bits and flaring tools for the Water Division be approved based on only bid received from Trans Tex Supply Co., San Antonio, Texas, for an estimated expenditure of $6,443.63. Prices have increased 7% since last contract October 7, 1982. Five bid invitations were issued, and one bid was received. Two bids were sent to manufacturers dealers, one to the factory representative and two to vendors requesting bid invitations. A survey of the bidders indicates the factory will not bid direct to protect their dealers. The local dealer for this material did not respond because the dollar amount of the bid is not large enough to respond too favorably. The remaining vendors issued bid invitations are non -dealers and cannot supply the tools. 16. An automatic check signer for the Finance Department be purchased from Burroughs Corporation for the amount of $5,714.25, based on only bid meeting City requirements. The low bid unit from Pitney Bowes will not physically handle the City payroll checks and the unit offered by Checkwriter Services is a used machine. 17. The Staff be authorized to negotiate lease agreements for general aviation development with: a) Gulf Coast Aviation, b) Goldston Corporation, and c) George Alexander and Jerry Schammel, subject to final approval by City Council. nutes ,cegular Council Meeting October 26, 1983 Page 6 18. Accepting the Glenmore Street Improvement project from Ocean Drive to Kentner Street and authorizing final payment of $11,118.46 to M & Construction Company. It is further recommended that the contractor be granted a 39 day time extension due to delays encountered as a result of utility adjustments. The total cost of this 1982 Voluntary Paving Street project was $93,413.25. Mayor Jones called for comments from the audience on the consent items, 1 through 18, and there was no response. A motion was made by Mayor Pro Tem Turner that items 1 through 18 be approved, seconded by Council Member Guerrero and passed unanimously. * * * * * * * * * * * ** Council Member Kennedy arrived at the meeting at this point. Mayor Jones called for Consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 19 through 29. Council Member Kennedy referred to item 21 in regard to the connection of Surfside Boulevard to Timon Boulevard and asked to see a transparency which indicates the entrances and exits from the freeway. Assistant City Manager Lontos explained that this particular project only involves the connection of Shoreline and Surfside and does not involve entrances and exits from Highway 181. Council Member Kennedy stated that he would like to have a presentation pertaining to that portion of the improvements. Council Member Slavik asked about the reason for the one-way system to the south end of Corpus Christi Beach, and Mr. Lontos explained that this ties together with the redevelopment plan for Corpus Christi Beach to handle the traffic going to the north end. He explained that it is designed to provide better and safer traffic circulation. Mayor Pro Tem Turner explained that there was a very lengthy public hearing conducted about two years ago at which time most of the property owners were present and they all seemed happy with the one-way traffic pattern. Council Member Berlanga stated that he had attended a meeting at the Kiwanis Recreation Center and some of the residents are very unhappy about the traffic pattern and that he had suggested that they come to the Council Meeting to provide input but evidently they were not present. City Manager Martin pointed out that a lot of misinformation has been provided to those property owners in that someone has told them that their places of business will no longer have access. linutes Regular Council Meeting October 26, 1983 Page 7 Mr. Lontos stated that he would make a presentation to the Council so that they will be aware of the plans, particularly as far as the exit and access to Highway 181 are concerned. Mayor Jones pointed out that one-way traffic patterns reduce accidents and provide better traffic flow. Mayor Jones referred to item 23 which authorizes acquisition of a parcel of land for the Navy Clear Zones Land Acquisition Project and asked for a display of a transparency showing the location. Assistant City Manager Lontos located the area of the parcel to be acquired and explained that this is one parcel that they were able to negotiate and obtain a signature. Mayor Pro Tem Turner asked about the number of square feet to be acquired in that area and how far the money will extend. Mr. Lontos explained that each piece of property has a different value and involves a different set of circumstances. He stated that he will have to figure the estimated cost and provide a report at a later date. Mayor Jones noted that the bond fund included $5 million; $2 million is available now for land acquisition; and the remainder will be spent within the next few years. Mayor Jones referred to item 27 which pertains to a lease agreement with Utex, Inc. for the Tourist and Convention Bureau Building and inquired if the ordinance placed a limitation on the size sign that could be placed on that building. City Manager Martin stated that controls would be within the limits of the ordinance for that zoning. He stated that the City Staff had considered using the space for City Offices but they were of the opinion that continuing to rent in other spaces would be less expensive. Mayor Jones called for comments from the audience on these ordinances. Mrs. Elizabeth Payne, 718 Don Patricio Road, referred to Ordinance 26 which is a zoning ordinance for Fiesta Gardens and thanked the Staff for working with their ad hoc neighborhood organization. She explained that they are concerned about the lack of a statement in the ordinance to prohibit the sale of alcoholic beverages for on -premise consumption. Mr. Floyd Anderson, one of the owners of Fiesta Gardens, stated that they are not allowed to sell alcoholic beverages themselves. nutes .<egular Council Meeting October 26, 1983 Page 8 Mr. Larry Wenger, Director of Planning, explained some of the changes that have been made in the ordinance and stated that the alcoholic beverage problem has been solved but they will have wedding receptions, etc., at which alcoholic beverages could be sold by the caterer. He informed Mrs. Payne that the ordinance states exactly the type of activities that can be conducted. Mrs. Payne stated that her organization would like to see this clearly stated in the ordinance, and Mayor Jones pointed out that the Council should not be negotiating with the neighborhood on a zoning case. Council Member Mendez pointed out that the owner will not sell alcoholic beverages because they do not have a license for such sales. Mr. Wenger stated that there shall be no permanent facility for the sale of alcoholic beverages on premises to the general public and a statement will be inserted in the ordinance to that effect. There were no further comments on the ordinances; City Secretary Read polled the Council for their votes; and the following were passed: 19. ORDINANCE NO. 17896: AMENDING ORDINANCE NO. 17490 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON GLENMORE STREET, FROM KENTNER STREET TO OCEAN DRIVE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". 20. ORDINANCE NO. 17897: AUTHORIZING THE EXECUTION OF A CONTRACT WITH HELDENFELS BROTHERS, INC. FOR THE CONNECTION OF SURFSIDE BOULEVARD TO TIMON BOULEVARD PROJECT; APPROPRIATING $258,000 FOR THIS CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". inutes Regular Council Meeting October 26, 1983 Page 9 21. ORDINANCE NO. 17898: CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Connection of Surfside Boulevard to Timon Boulevard 1. Coastal Avenue, from North Shoreline Boulevard to Timon Boulevard, 2. Surfside Boulevard, from Bridgeport Avenue to Timon Boulevard, and 3. Timon Boulevard, from Surfside Boulevard at Elm Street to Surfside Boulevard at Coastal Avenue. FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". 22. ORDINANCE NO. 17899: AUTHORIZING THE EXECUTION OF A CONTRACT WITH GULF COAST CONSTRUCTION CO., FOR THE COLLIER PARK POOL -SHOWER ROOMS RENOVATION PROJECT; APPROPRIATING $20,000 FOR THIS CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". 23. ORDINANCE NO. 17900: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 41 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $16,312; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". 24. ORDINANCE NO. 17901: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF TEXAS THROUGH THE COMMISSIONER OF THE TEXAS GENERAL LAND OFFICE FOR LEASE OF 3.5 ACRES AT CAYO DEL OSO, STATE TRACT C, IN SOUTH GUTH PARK FOR A PERIOD OF TEN YEARS EFFECTIVE AUGUST 16, 1983; AND DECLARING AN EMERGENCY. nutes ..egular Council Meeting October 26, 1983 Page 10 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". 25. ORDINANCE NO. 17902: APPROPRIATING $83,288.34 FOR THE ACQUISITION OF PARCELS 6 AND 8 BY CONDEMNATION FOR THE WOOLDRIDGE-STAPLES DRAINAGE OUTFALL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". 26. ORDINANCE NO. 17903: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF FIESTA GARDENS, INC. BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN OPEN AIR RENTAL OPERATION FOR HOLDING WEDDINGS, RECEPTIONS, PRIVATE PARTIES, AND A WHOLESALE NURSERY WITH AN OFFICE FOR A LANDSCAPE ARCHITECT ON A PORTION OF LOT 27, SECTION 48, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AND LOTS 13 THRU 25, BLOCK 5, FLOUR BLUFF GARDENS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". 27. FIRST READING: REPEALING ORDINANCE 17288 WHICH AUTHORIZED A LEASE AGREEMENT WITH UTEX, INC., DBA BUSINESS DATA CONCEPTS, INC.; AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CARIBBEAN BLUE LTD., INC., FOR LEASE OF PROPERTY LOCATED AT 613 SOUTH SHORELINE FOR A THREE YEAR TERM. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". inutes rtegular Council Meeting October 26, 1983 Page 11 28. SECOND READING: AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES TO PROVIDE FOR CONTINUING EDUCATION OF EMPLOYEES AT LEAST EVERY THREE (3) YEARS TO CONTINUE FOOD HANDLING CERTIFICATION AND TO PROVIDE THAT AN APPLICANT FOR RENEWAL OF A FOOD MANAGER'S PERMIT BE REQUIRED TO SATISFACTORILY COMPLETE THREE HOURS OF CONTINUING EDUCATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". 29. THIRD READING - ORDINANCE NO. 17904: AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE NATIONAL WEATHER SERVICE FOR THE RENTAL OF 1663 SQUARE FEET OF THE SECOND FLOOR OF THE TOWER BUILDING AND JANITORIAL SERVICES AT CORPUS CHRISTI INTERNATIONAL AIRPORT. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". * * * * * * * * * * * Mayor Jones called for Action by Motion from the Regular Agenda on the following item: 30. That the association of Kipp, Richter & Associates, Inc. and Taft Architects be selected as architect/engineer consultant for the City Hall project, subject to the negotiation of a satisfactory professional services contract. Mr. Bill Hennings, Assistant City Manager, explained the procedures followed to invite engineering and architectural firms to present proposals for the City Hall project. He stated that the Committee consisted of Mr. John Bell, Mr. Gerald Smith, Mr. Larry Wenger, Mr. Edgar Farrera and himself. He explained that they published a notice extensively and fifty-nine firms received copies of the notice. He informed the Council that eighteen firms responded with expressions of interest and submitted qualification statements to the City by the September 26 deadline. From these submissions, the Committee selected six firms to interview, following which three of those firms were judged to be the best qualified to prepare the plans for the new City Hall. He explained that the three firms selected were as follows: Gerin Associates/CRS and Cotten -Landreth Architects; Roots/Foster Associates & Lockwood Greene; and Taft Architects and Kipp, Richter & Associates, Inc. He explained that the only difference between those three firms is that the Committee felt that more of nutes ,<egular Council Meeting October 26, 1983 Page 12 the work would be performed locally by Taft Architects & Kipp, Richter & Associates, Inc.; therefore, that is the firm that is recommended for performance of the architectural work for the City Hall. Council Member McComb stated that he is interested in being fair and he is quite pleased with the selection made by the Committee. He pointed out that most of the Council Members seemed to think that local involvement is a primary concern but he is apprehensive that some of the firms submitting proposals were not aware that most of the work would have to be done locally. He pointed out that one of the specifications included indicated that one requirement was that the firm must have experience in designing a City Hall building. Council Member Berlanga stated that he had received a call from one of the firms, Tancahua Associates, a joint venture of the Collie Associates and Jesus A. Leija, Architect. Mr. Berlanga stated that that firm was the only one that did not have to go outside the City for any of their design work. He stated that they have the expertise to handle anything and he felt that more consideration should have been given to them. Council Member Kennedy pointed out that one of the specifications did mention that they should have had experience in constructing a City Hall and he felt that there was a great deal of difference in that type of structure and other types of buildings. Mayor Pro Tem Turner expressed the opinion that the Staff is to be commended for spending so much time in obtaining proposals and she felt that this was the best way to handle this rather than having the Council select the architectural firm. She stated that she definitely supports the Staff recommendation but she would suggest that the firm selected reconsider their selection of a landscape engineer and hopefully, select one from within the City because she was of the opinion that a local landscaping firm could perform a better job since they would be more familiar with the type of plants suitable for this area. Mayor Pro Tem Turner then suggested that if the Council wants to provide some input, they should do so as early as possible.• She suggested that the design of the building reflect the culture of this area and expressed appreciation to the Selection Committee. Council Member Mendez stated that he would like to see everything done locally if possible. Council Member Guerrero suggested that the architect submit a design for the public to consider as well as the Council with cash prizes to be awarded for the best design. Council Member Mendez inquired about the cost factor on such a design contest from the top six architects. inutes .<egular Council Meeting October 26, 1983 Page 13 City Manager Martin stated that that would vary according to what the Council asks for. He explained that he had somewhat of a problem in a design of just the outside without any consideration being given to the interior design. He stated that this could be done and it could be just a part of the proposal but the City wanted the architect to become involved in the site selection. A motion was made by Mayor Pro Tem Turner that item 30 be approved, seconded by Council Member Slavik and passed unanimously. Council Member McComb suggested that Mr. Hennings and his Committee send a letter of appreciation to the firms that submitted proposals, and Mayor Jones indicated that he would like to sign the letters. City Manager Martin stated that the Staff hopes to have a site selected within the next few weeks. Mayor Pro Tem Turner suggested that the Council proceed in the normal manner that an architect and client usually do and suggested that the Council meet with the architect as soon as possible to make any special needs known to them. Mayor Jones pointed out that the usual procedure is that a professional architect is employed and is allowed to proceed from that point. A motion was made by Mayor Pro Tem Turner that the Council have an opportunity to have an informal work session with the architects, seconded by Council Member Slavik who explained that the Council did not want to limit the creativity of the architects but she felt that it might be a good idea for them to know some of the Council's ideas. The motion passed unanimously. * * * * * * * * * * * * Mayor Jones called for Consideration of Action by Ordinance from the Regular Agenda on items 31 and 32. City Manager Martin referred to item 31 which is an ordinance amending the Code to conform with State Law, Section 109.33, Alcoholic Beverage Code, as amended by the last session of the State Legislature. He explained that basically speaking, liquor establishments are the type that must be so many feet from schools, churches, etc. He stated that up until recently, that measurement was taken from front door to front door but the law has been changed to require that the distance be measured from the closest point of the school to the liquor establishment. There were no comments on this ordinance. nutes .egular Council Meeting October 26, 1983 Page 14 Mr. Martin then referred to Ordinance 32 which amends the Building Code to exempt unoccupied mobile homes on dealers' sales lots from tie -down requirements except during periods of time designated as being a hurricane warning or alert. Council Member McComb stated that it was his understanding that the purpose of requiring tie -downs was for safety during hurricanes and questioned whether a hurricane warning would provide enough time to have all of the mobile homes tied down. Mr. Gerald Pascador, Building Inspector, agreed but pointed out that the only mobile homes involved are those which are not occupied and are located on dealers' lots. He explained that the mobile homes are moved in and out on a day -to --day basis and the dealers feel that the constant checking by inspectors interferes with their business and have assured the Staff that they will be responsible for tying down the mobile homes when a hurricane warning or alert is issued. He noted that the dealers have pointed out that the State does not require that they be tied down. Council Member Berlanga concurred with Mr. McComb and pointed out that frequently there are extremely high winds experienced in Corpus Christi and he felt that the logical thing would be to require the tie -downs at all times. Mayor Jones pointed out that more extensive damage might occur from buildings under construction than damage by mobile homes. Mr. David Lewandos, Corpus Christi President of Manufactured Housing, explained to the Council that there are as many as 200 mobile homes on dealers' lots at one time. Council Member Kennedy asked Mr. Lewandos how long it would take them to tie down that many units, and Mr. Lewandos stated that it would take 12 to 18 hours. He pointed out that 50% of the anchors are already in the ground on the lots. Mr. Lewandos continued by stating that the usual procedure is to have the mobile homes located near an anchor. He also explained that it is very inconvenient to keep the homes tied down all of the time and they would like to have the option to tie them down as soon as an• alert is issued. Council Member Kennedy inquired if the warning or alert would be the City's designation or by the Weather Bureau, and City Manager Martin stated that they are the same because the City gets their information from the Weather Bureau. There were no further comments on these two ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: !nutes .regular Council Meeting October 26, 1983 Page 15 31. FIRST READING: AMENDING SECTION 4-5 OF THE CITY CODE TO CONFORM WITH STATE LAW, SEC. 109.33 ALCOHOLIC BEVERAGE CODE, AS AMENDED BY THE LAST SESSION OF THE STATE LEGISLATURE, ALTERING THE MEASUREMENT OF DISTANCE BETWEEN ON -PREMISES ALCOHOLIC BEVERAGE ESTABLISHMENTS AND PUBLIC SCHOOLS; PROVIDING AN EXCEPTION FOR EXISTING ESTABLISHMENTS; PROVIDING FOR VARIANCES; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". 32. FIRST READING: AMENDING APPENDIX H OF THE BUILDING CODE ADOPTED BY ORDINANCE NO. 15256 TO EXEMPT UNOCCUPIED MOBILE HOMES ON DEALER'S SALES LOTS FROM TIE -DOWN REQUIREMENTS EXCEPT DURING PERIODS OF TIME DESIGNATED AS BEING A HURRICANE WARNING OR ALERT; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". * * * * * * * * * * * Mayor Jones announced public hearings on the following zoning cases: 33. Application No. 983-8, McClintick Enterprises, Inc.: for a change of zoning from "B-1" Neighborhood Business District and "AB" Professional Office District to "B-4" General Business District on Lots 2A, 3 and 4, Block 1, Teachers Credit Union Subdivision, located on the south side of Trojan Drive, approximately 400' west of the Crosstown Expressway. Assistant City Manager Tom Utter informed the Council that in response to the twenty-nine notices of the public hearing, three in favor and two in opposition had been returned and that both the Planning Commission and Planning Staff recommend approval. 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 showed slides of the vicinity. He stated that the property is vacant at this time. Mayor Jones inquired about access to the property. nutes egular Council Meeting October 26, 1983 Page 16 Mr. Wenger explained that there is no access problem when approaching from the downtown area, but if you approach the location from South Padre Island Drive from the east it is necessary take the Crosstown Expressway and go under the Expressway. He stated that the same problem exists coming from Ayers. He explained that if approaching from the west, it is necessary to exit at Greenwood. He stated that there are off -setting peak hours for establishments in that area which would prevent any backup of traffic along Trojan Drive. Mayor Jones invited anyone to speak in opposition who desired and there was no response. A motion was made by Council Member Guerrero that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 33. ORDINANCE NO. 17905: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF McCLINTICK ENTERPRISES, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 2A, 3 and 4, BLOCK 1, TEACHERS CREDIT UNION SUBDIVISION, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT AND "AB" PROFESSIONAL OFFICE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". * * * * * * * * * * 34. Application No. 983-9, Mr. Aaron L. Ward: for a change of zoning from 11A-1" Apartment House District and "8-1" Neighborhood Business District to "A-2" Apartment House District being 14.0± acres out of the Gregorio Farias Grant, Abstract No. 592, located west -of Sharpsburg Road and north of 1 . H. 37. Assistant City Manager Tom Utter stated that in response to the thirteen notices of the public hearing, none in favor and one in opposition had been returned and that both the Planning Commission and Planning Staff recommend approval. Mayor Jones ascertained that no one in the audience wished to speak in opposition to this zoning application. A motion was made by Mayor Pro Tern Turner that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. 'nutes .egular Council Meeting October 26, 1983 Page 17 A motion was made by Mayor Pro Tem Turner that the requested zoning for Application No. 983-9 be approved, seconded by Council Member Guerrero and passed unanimously. City Secretary Read polled the Council for their votes and the following ordinance was passed: 34. ORDINANCE NO. 17906: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF AARON L. WARD BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF THE GREGORIO FARIAS GRANT, ABSTRACT NO. 592 FROM "A-1" APARTMENT HOUSE DISTRICT AND "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". * * * * * * * * * * * 35. Application No. 883-18, Evergreen Helicopters, Inc.: for a change of zoning from "1-2" Light Industrial District to "I-3" Heavy Industrial District on Lot 9, Brown Lex Tract, located approximately 1,600' west of N. Padre Island Drive and approximately 600' north of Old Brownsville Road. Mr. Utter informed the Council that in response to the two notices of the public hearing, one in favor and one in opposition had been returned. He pointed out that the one in opposition owned enough property to invoke the 20°% rule. He stated that the Planning Commission and the Planning Staff recommend denial. Mr. Wenger 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 owner objects to the requirement for underground fuel storage. Mayor Jones invited the applicant to address the Council. Mr. Bill Dominy, 5604 Old Brownsville Road, informed the Council that they did not realize that a helicopter operation required "1-3" zoning. He explained that the Code requires this zoning and also stipulates that aviation fuel must be stored underground or with dikes constructed around the tank if it is above ground storage. He stated that the tank was not discussed until after they had constructed their facility. He explained that Evergreen has a contract for two years and this land is leased for that period of time. He stated that burying the tank underground would cost about $10,000 and they do not object to having the dikes constructed which is the only requirement that has not been accomplished. He stated that they have no objection to a special permit; their facility has FAA approval; but they would like to have a special "nutes .egular Council Meeting October 26, 1983 Pace 18 permit for the helicopter operation with the storage to meet Code without the obligation to construct it underground. Council Member Kennedy inquired about the required height of the dike, and Mr. Dominy stated that it must be large enough to contain as many gallons capacity as the tank. He stated that the tank in question is 100 feet from the nearest building and it is 120 feet back from the private driveway. He stated that they have been there for about four months and they received a citation from the Fire Marshall. Council Member McComb referred to the fact that Mr. Dominy had mentioned that they obtained permits and inquired why he was not made aware that there were some regulations pertaining to the storage of gasoline. Mr. Dominy stated that when they obtained their permits from the Building Division, they did not specify that it was for a helicopter operation. Council Member Slavik stated that she is concerned about the safety factor and felt that either an underground storage tank should be constructed or it should contain a dike around the facility. Mr. Wenger stated that the Staff also was somewhat concerned about the safety because most of the industries in the area are light industry and this operation might present a safety hazard. Speaking in opposition to the request was Mr. John Crutchfield, representing the Industrial Technology Park, which is just west of the subject property. He reminded the Council that the park was installed to attract light industry for a high technology park; a great deal of money has been spent on this park; and the Commission does not feel that "1-3" zoning is appropriate this close to the Industrial Park. He stated that there is no industry there at this time, but CP&L will begin construction on a facility in January and that facility will control the power in a 77 -County Area and will be tied in with other utility companies that cover a large area. Council Member Slavik stated that she was of the opinion that the Council should support this Industrial Park and be very careful about changing the zoning in the vicinity. Council Member Kennedy suggested that the Council consider granting a special permit for a specific time limit. Mr. Crutchfield stated that he would suggest that only a two-year period should be approved for a special permit. He pointed out that even though the Industrial Park is undeveloped on the east portion, it could be developed at any time. Mr. Randy Everett, representing Evergreen Helicopters, indicated that a special permit for a specific time limit or the length of their contract would be acceptable. inutes .egular Council Meeting October 26, 1983 Page 19 Council Member McComb agreed that a special permit for the remainder of the lease could be considered, particularly since the type of use was not revealed at the time their building permits were obtained. Mr. Everett assured the Council that his company had checked with the Airport Manager and FAA and they were not aware that the zoning was not appropriate. He stated that if a special permit is granted, they would be glad to construct dikes around the gasoline tanks for that period of time and pointed out that they are in the Airport Traffic Control Area. He suggested that possibly, the location of the helicopter facility could be an asset to some industries that might locate in the Industrial Park. Assistant City Manager Utter pointed out that there are so many intangibles in bringing light industry into the Industrial Park but he was of the opinion that there would not be a great deal of damage in allowing a special permit for Evergreen Helicopters for the balance of their contract. Mayor Jones asked about the type of helicopter operation in existence, and Mr. Everett explained that they have two Bell 206 Helicopters to accommodate five passengers and they primarily perform off -shore transporting. Council Member McComb asked for a specific date of the end of their lease at this location, stating that he did not object to a special permit because it may be many months before the Industrial Park is leased or sold. Mr. Everett informed him that March 14, 1985 is the termination date of their lease and he agreed with that time limit. A motion was made by Council Member Mendez that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Council Member McComb that the requested zoning of "1-3" be denied for Application No. 883-18 and that in lieu thereof, a special permit be approved subject to the submission of an acceptable site plan with the termination date of the special permit to be March 14, 1985; seconded by Council Member Mendez. Mayor Jones stated that he had a problem in voting to approve a special permit for this purpose, and Council Member Kennedy indicated that he would not vote in favor of it either. Council Members Guerrero and Slavik also indicated that they would vote "no", and since seven affirmative votes are required to pass a zoning ordinance when the 20% rule is effect, the motion to grant a special permit failed to pass. Assistant City Manager Utter stated that this is just a procedural difficulty and explained that what the Council is actually voting on today is a motion to bring forth an ordinance and when the ordinance is before them with a site plan, it would be subject to a requirement for seven affirmative votes to approve. nutes .egular Council Meeting October 26, 1983 Page 20 A motion was made by Mayor Pro Tem Turner that the request for a change of zoning for Application No. 883-18 be denied, seconded by Council Member Slavik and passed unanimously. Mayor Pro Tem Turner requested a report on the Industrial Park. City Manager Martin informed the Council that Mr. Melvyn Klein will be present next week during the morning Workshop Meeting to provide a report on the Industrial Park. * * * * * * * * * * City Manager Martin introduced City Staff members who are participating in a Management Development group and who were present for the Council Meeting. Mr. Martin then stated that he would like to consult the Council about scheduling certain items. He reminded them that they had requested a discussion on "in lieu of" taxes for next week but he would like to recommend that this be delayed until the first of the year and have it incorporated in a prebudget discussion at the same time. He stated that there is a need to discuss the long-time plan for the Water Department and they would like to have the Council discuss the budget as early as possible. He stated that he felt that this would be a more appropriate time for that discussion. Council Member Guerrero agreed with that suggestion but also stated that he felt that a public hearing should be conducted at night so that the public could provide input. City Manager Martin stated that he would suggest that a public hearing be conducted after the Council discussion on the subject. He noted that a budget public hearing could be conducted as early as six months prior to the preparation of the budget. The Council indicated their concurrence with this scheduling. * * * * * * * * * * * * Council Member Hawkins referred to Current Concerns and stated that he would like to have the memorandums received by the Council on Friday evening explaining the agenda numbered in some fashion so that they could be referred to by the Council Members. City Manager Martin stated that he would like to think about this because the memorandums are received from several departments about 4:00 p.m. on Friday afternoon but he would attempt to work out some type of numbering system. Mayor Jones also suggested that a telephone number be listed on the memos. nutes egular Council Meeting October 26, 1983 Page 21 Council Member Guerrero then introduced Mr. Robert Gutierrez, an employee of Sears, Roebuck E Company, who was a Sophomore at Del Mar College. A motion was made by Council Member Berlanga that the Council convene in closed session in order to have a report on the Police Bargaining issue. Mayor Jones suggested that comments from the audience be considered before the Council goes into closed session. Mrs. Michael Pacheco, 963 Shepherd Drive, registered a complaint in regard to the military processing system as it related to her three sons. She explained the difficulties they had experienced in joining some military units and obtaining the type of schooling they would like to have. Mr. John Balleti stated that he had received a letter from Mr. Tom Stewart in regard to the horse drawn carriages proposed for Corpus Christi. He noted that the ordinance had been read on first reading but Mr. Stewart informed him that the second reading was delayed until it could be considered by the Humane Society and the Animal Control Advisory Board. City Manager Martin explained that there was some concern expressed by the Health Department, the Animal Control Advisory Board and the Humane Society; therefore the ordinance was withdrawn until those Boards had an opportunity to discuss the proposed franchise. Mr. Balleti stated that he would like to be informed of the meeting times of those organizations. He then suggested that a six-month permit be issued until the project has been tried at Least. Mayor Jones informed Mr. Balleti that the ordinance will not be on the agenda anytime soon and in any event, he will vote in opposition to it. He stated that he did not feel that the City can accommodate horse drawn carriages on Shoreline Drive. Mr. Balleti stated that the location has not been determined at this time. Mr. David Saenz spoke in favor of the horse drawn carriages which would be an attraction for the City and would provide more entertainment than is available now. He stated that he felt if the horses were taken care of, such an operation would definitely be an asset to the City. * * * * * * * * * * * A motion was made by Council Member Berlanga that the Council convene in closed session at 5:10 p.m. in order to receive a report on the Police Bargaining negotiations that are being conducted; seconded by Council Member Guerrero and passed unanimously. nutes agular Council Meeting October 26, 1983 Page 22 The Council then went into closed session, pursuant to Section 2(e) of the Open Meetings Law to consider personnel matters. * * * * * * * * * * * Mayor Jones reconvened the Regular Council Meeting at 6:25 p.m. and stated that the Council had conducted a closed meeting to receive a report on the Police Bargaining negotiations. He stated that the Council has instructed the Staff to continue with the negotiations. There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Slavik and passed unanimously, the Regular Council Meeting was adjourned at 6:26 p.m., October 26, 1983. * * * * * * * * * * DZ/rr