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HomeMy WebLinkAboutMinutes City Council - 03/03/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 3, 1982 2:00 P. M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Herbert L. Hawkins Dr. Charles W. Kennedy * Cliff Zarsky ABSENT: Council Member Bob Gulley City Manager Edward A. Martin City Attorney J. 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 the Reverend Pat Bullock of Annaville Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Herbert Hawkins. 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. Mayor Jones noted the issuance of the following proclamations: "MARINE SAFETY SEMINAR DAYS" - March 4 - 5, 1982 and "NATIONAL KIDNEY FOUNDATION MONTH - March, 1982. Mayor Jones then performed the swearing-in ceremonies installing Mr. Edward A. Martin as the new City Manager of the City of Corpus Christi. Mayor Jones made appropriate remarks indicating that he and the Council Members felt that they had employed the very best City Manager for this City. . Council Member Kennedy expressed his excitement at having Mr. Martin as the new City Manager and stated that he looked forward to the future. with Mr. Martin as the -City Manager. OF.ILME, S Pig"1984. 9. Minutes Regular Council Meeting March 3, 1982 Page 2 ********** Mayor Jones announced the bid opening on the following engineering project: Reconstruction of North Shoreline Boulevard from Canal to Coastal Streets. This 1977 bond project provides for extensive reconstruction and landscaping of North Shoreline Boulevard complete with provisions for parallel and head -in parking on both sides of the roadway. A public meeting was held for this project on Corpus Christi Beach on July 9, 1980. Bids were subsequently advertised for the work but the bid date of August 20, 1980 was cancelled due to Hurricane Allen. Mr. James K. Lontos, P. E., Assistant City Manager, opened bids on this project from the following firms: Bay, Inc.; Goldston Corporation; Heldenfels Brothers, Inc., King Construction Company; and A. Ortiz Asphalt Paving Company. * Council Member Cliff Zarsky arrived at the meeting at 2:13 p.m. during the foregoing bid opening. Mayor Jones expressed appreciation to all of the companies who had submitted bids and stated that they will be tabled for 48 hours, pursuant to the requirement of the City Charter and referred to the Staff for tabulation and recommendation. ********** Mayor Jones called for the City Manager's Reports. City Manager Martin stated that he would like to withdraw City Manager's Report No. 5 because- of problems with which the staff had been confronted shortly before the meeting. He then presented the following items with related comments and explanations and recommended that: 1. An industrial subdivision park deferment contract for Coles Industrial Acres be approved. The 27.95 acre tract located east of Highway 77 along County Road 48 is proposed to be utilized for industrial purposes. If any of the lots are used for other than industrial purposes, the owner of those lots must make a payment in lieu of park dedication for the lots. These contracts will no longer be necessary if the platting ordinance amendment proposed as part of the Harvey Weil park dedication lawsuit settlement is passed. However, the developer wants to proceed with the park deferment contract so that his plat can be recorded before third reading of the platting ordinance amendment. 2. Value of $1,265 for acquisition of a drainage easement in connection with the Las Palmas Drainage Improvements (formerly known as the Buena Vista Storm Sewer Project), be approved and $2,200 be appropriated including $575 for appraisal services by Mr. Sidney H. Smith III, and $360 for related expenses. This parcel is located on Shore Road directly across from Las Palmas Drive. as ar Council Meeting March 3, 1982 Page 3 3. $750 be appropriated out of the Community Convention Facility Bond Fund for appraisal services by Mr. Roy Temple in conjunction with the previously approved acquisition by condemnation of Parcel 67, Bayfront Science Park. This is the last parcel remaining to be acquired for this project and is located at the corner of N. Chaparral Street and Fitzgerald Street. The supplemental appraisal was made in preparation for the condemnation hearing. A date has not been set for the hearing. 4. $3,400 be appropriated out of the Sanitary Sewer Bond Fund for appraisal services by Mr. Roy Temple in connection with the South Staples Trunk -Sewer Extension Project. The appraisals include five parcels located on the west side of South Staples Street, south of Saratoga Boulevard. +t 5. A 15 -foot wide utility easement in Block 8, Portairs Addition be closed and a 20 -foot wide utility easement be rededicated at the former alley location in Block 8. The alley in this block was closed in May, 1960, subject to a 15 -foot wide utility easement being granted south of the alley and two existing gas lines and an existing sanitary sewer line being relocated from the alley to the new easement. The utilities were never relocated due to a project on the property not materializing. The owner now requests that the alternate easement be closed subject to his dedicating a 20 -foot wide easement at the former alley location where utilities now exist and that he be released from the obligation to relocate the utilities. 6. A 50 -foot wide right-of-way easement be acquired by dedication from Champlin Petroleum Company for the future construction of a sanitary sewer line and a storm sewer line across the Champlin Plant site north of Interstate Highway 37 between County Road No. 51 and Corn Products Road. The easement contains a number of conditions which are recommended as acceptable to the City including CHamplin's agreement that installation of any future pipelines will not interfere with the depth requirements of the City's future sewer lines. 7. Bids be received March 23, 1982 for a replacement and an additional 5,000 ib. diesel powered forklift for the City Warehouse and Transit Division. The Warehouse unit will replace a 1975 model. The Transit Division does not have a forklift and one is needed to move heavy items such as air conditioning compressors and transmissions. The forklift is included in a Capital Assitance Grant from the Urban Mass Transportation Administration and will be paid 80% by the Federal Government, 13% by the State and 7% by the City. The City's portion is available in the Transit Bond Fund. 8. Bids be received March 23, 1982 for a twelve months supply agreement for swimming pool chemicals for Park and Recreation and water treatment chemicals for the air conditioning system at the airport including 350 - 150 lb. cylinders of liquified chlorine, 650 gals. of muratic acid, 2,000 lbs. of bicarbonate of soda, 10 quarts each of phenol red solution, OTO solution and algimician; 300 gals. of caustic soda, 10,000 lbs. of soda ash powder and 6,900 lbs. of sulphuric acid. 9. Bids be received April 6, 1982 for one replacement van with utility body and 30 ft. aerial lift to be used by Traffic and Transit for maintenance of traffic signals. The equipment is included in the 1981-82 Budget. 10. Bids be received March 23, 1982 for twelve months supply agreement for approximately 15,000' of 4" to 48" Ductile Iron, 53,550' of 6" - 16" Asbestos Cement and 10,000' of 6" Poly Vinyl Chloride Pipe for the Water Division. * Withdrawn by City Manager (See Page 2); Returned to Agenda (See Page 11). Minutes Regular Council Meeting March 3, 1982 Page 4 11. Bids be received March 30, 1982 for a twelve months supply agreement for approximately 39 Tapping Sleeves and 38 Tapping Valves for the Water Division. 12. A public hearing be held on March 17, 1982 on the contractual annexation of 79.59 acres being platted as Sugar Ridge Subdivision located east of Everhart and south of Cedar Pass Drive. 13. The platting ordinance be amended so that the dedication of park land or payment of money in lieu thereof is not required for commercial or industrial subdivisions. The amendment will further provide that should any of the property be used for residential purposes no building permit will be issued and no residential construction can begin until the owner satisfies the park requirement for residential subdivisions. This amendment is part of the settlement agreement for the Harvey Weil park dedication suit approved by the City Council last week. 14. Amend, prior to third reading, the ordinance authorizing execution of a park dedication agreement with the developers of 100 South Padre Business/Industrial Park to make minor wording changes. The agreement allows the developers to construct mini parks in the subdivision rather than one large park. The developers agree to improve and maintain the parks with the City paying for one-half the cost of street improvements around the parks. Should the developers fail to improve and maintain the parks, the agreement provides for reimbursing the City its portion of the cost of street improvements and a per acre payment to the City for the land dedicated for park purposes. 15. A contract be approved with Nueces County for the continuation of the elderly program outside the City limits of Corpus Christi. THe contract contains a total budget of $106,018 of which $11,603 is CBCOG funds earmarked for rual Nueces County and $94,415 is provided by Nueces County allocation and provides for a continuation of services to the elderly such as transportation, outreach, referral and follow-up, information, recreation, and related services from marchl, 1982 through February 28, 1983. No city funds are involved. Service to Driscoll area residents has been added to the contract. 16. Proposals be received Friday, May 7, 1982 for public/private development of a new Marina Office and patio bar and grill. 17. A contract with Dr. M. Dee Koch, Psychologist, be approved to continue the Police Administration Psychological Assistance Grant under the Criminal Justice Division. The contract contemplates $22,950 of psychological services including personnel being disciplined, providing family counseling and carrying out certain testing and evaluation activities, with the psychological services being billed at $16.88 per hour. The fees are included in the grant which is funded through January 31, 1983. Mayor Jones questioned the function of Dr. Koch and Deputy City Manager Ernest Briones explained that Dr. Koch evaluates new police officers and assists Police Department personnel in times of trouble and attempts to prevent any psychological problems with which the police officers may be confronted. 18. Bids be received March 23, 1982 for 18 replacement and 2 additional full-size sedans for the Police Uniform Division and 2 replacement sedans for the Fire Department. es .ar Council Meeting March 3, 1982 Page 5 19. Tax Roll Adjustments for 2-1-81 through 4-30-81 be approved for the following: City of Corpus Christi Water District Prior Prior 1980 Levy Years Levies Years Levies Tax Levies 8-1-81 $21,861,832 $2,013,297 $20,999 Prior Approved changes 8-1-80 through 1-31-81 (73,737) (91,701) (159) Recommended changes 2-1-81 through 4-30-81 (16,593) (9,895) (48) Tax Levies 4-30-81 $21,771,502 $1,911,701 $20,792 The net decrease of $16,593 to the 1980 City Tax Levy consists of a net decrease of $12,478 in real property and a net decrease of $4,115 in personal property. Real property adjustments include a decrease of $3,846 for 44 Homestead Exemptions proven valid, decrease of $1,447 for 23 Disability Exemptions proven valid, and decrease of $3,153 for 2 City properties found to be exempt. Personal property adjustments include a decrease of $632 for 27 assessments Based on Wrong Information, decrease of $876 for 11 taxpayers who Presented Records, and a decrease of $1,357 for 17 properties Double Assessed. 20. The City Code be amended to increase the maximum towing and storage fees which can be charged by auto wrecker companies dispatched to the scene of a vehicle involved in an accident, a disabled vehicle or a vehicle to be impounded. Current Recommended 3/4 ton Wrecker: Collision haul or normal tow $25 $35 Use of dollies $10 ' $20 Winching for removal of a vehicle from a ditch, righting an overturned vehicle or for a similar unusual circumstances $10 $15 Total maximum towing fee including a normal tow and additional labor as itemized above $45 $65 Additional fee for each hour or portion thereof at the scene in excess of one hour $10 $15 3 -ton Wrecker: Collision haul or normal tow for the first hour at the scene $50 $75 Each additional hour or portion thereof at the scene $25 Storage: Vehicles with rated capacity of one ton or less Vehicles with rated capacity in excess of one ton $50 $2 per day $4 per day $5 per day $8 per day Minutes Regular Council Meeting March 3, 1982 Page 6 Impounds: Towing fee Transfer Storage $25 $15 $2 per day $35 $15 $4 per day It is further recommended that a clause be added to the Rotation Wrecker Ordinance requiring notifying auto wrecker permit holders of any pending changes in the Ordinance. 21. The last sentence of Section 4 Quantity of the Water supply agreement between Corpus Christi and the Beeville Water Supply District be amended prior to third reading to read as follows: City also agrees to sell whatever quantity of water BWSD requires in excess of the abovementioned amounts not to exceed an average of 15 million gallons per day for any calendar month if, in the opinion of City, such water is available and can be sold to BWSD without endangering the water supply of City or of prior contracts. With the inclusion of a maximum of 15 million gallons per day, the Lower Nueces River Water Supply District has approved the agreement as required by the City's contract with the District. The Beeville Water Supply District is agreeable to this change. City Manager Martin explained that this is an amendment to the Beeville Water Contract as requested by the Lower Nueces River Water Supply District. He stated that City Attorney J. Bruce Aycock will address this. He presented to the Council a copy of comments in regard to this contract. Council Member Dumphy noted that this is another incident in which a contract was considered which should have been discussed prior to the first reading of the ordinance approving the contract. City Attorney Aycock addressed the Council and informed them that this apparent problem was not brought to the attention of the Legal Department until Monday. Mr. Aycock provided background information in regard to the function of the Lower Nueces River Water Supply District explaining that the district was formed as a cooperative effort on the part of the Water District and the City of Corpus Christi to construct Lake Corpus Christi to provide a water supply for the regional area. He informed the Council that under the City's contract with the Water District, that district is the silent participant; they issued the bonds so that the City's credit would not be affected; the City is the managing agent; and according to the terms of the contract with the district, the City must supply water to any areas that need it but before the City can sell water es .ar Council Meeting March 3, 1982 Page 7 outside the district boundaries, they must consult the district. He stated, however, that there is no need for the Lower Nueces Water Supply District to approve the contracts since the City is the managing and operating entity for the water supply. He reiterated that the Water District has no function or power other than funding. Mr. Ayock referred to the Beeville Water Supply contract and informed the Council that the Staff had prepared the same type of contract as they had wit Alice and other cities. He explained the limitation on the water supply as stated in the Charter and this was pointed out to the Water District. He stated that the Legal Staff felt that if the Water District attempted to dictate the terms of this contract, they would be exceeding the terms of their contract with the City, however, the Water District had issued an ultimatum that Beeville will be limited to a maximum of 15,000,000 gallons per day or they would not approve the contract. Mr. Aycock continued by stating that although the City Staff does not approve this inclusion in the contract, Beeville needs the water and there is a time limit since they must sell bonds for the Beeville Water Supply District. Mr. Aycock expressed the opinion that the original contract would be satisfactory and he hesitates to allow the Water District to dictate the terms of the contract but the City of Beeville does not want to become involve in a dispute between the City of Corpus Christi and the Lower Nueces River Water Supply District. Mr. Aycock reiterated that the City should not have to go to that district to negotiate with them on contracts when all that they should be concerned about is the payment for the sale of the water. He stated that he has discussed this with Judge Alan Wood and he agrees. He explained further that the Nueces River Water Supply District will cease to exist in about two or three years when the bonds are completely paid off. Council Member Zarsky inquired if the City has a similar agreement with the Lower Nueces River Water Supply District on the new Choke Canyon and Mr. Aycock stated that their name does not appear on any of the documents and he did not believe that they will have anything to do with the Water Supply from Choke Canyon Dam. Mr. Aycock summarized his remarks by stating that this should have been a routine water contract without all of these problems. Minutes Regular Council Meeting March 3, 1982 Page 8 Council Member Kennedy noted that this jurisdiction came into existence by legislation and inquired if it would automatically go out of existence after the bonds are paid. Mr. Aycock stated that there were no stipulations in regard to this and even though they may be •in existence, they would have no real function after the bonds are paid off. Council Member Dunphy expressed the opinion that the Council should find out why suddenly the Water District objects to the contract which is the same contract that has been used in the past for other cities and that the City Council should make an attempt to resolve these problems so that future contracts will present no difficulties to the City Staff. He pointed out that the cap included in the amended contract might not be bad since the contract can be amended in the future if necessary. Mr. Zarsky also inquired if with the new water supply from Choke Canyon, Beeville would be entitled to the additional supply generated by the new dam. Mr. Douglas Matthews, Director of Public Utilities, replied that they would since all entities involved in obtaining water from Corpus Christi are paying according to the debt service that the City of Corpus Christi has with both Lake Corpus Christi and Choke Canyon Dam. Mr. Ayock expressed apprehension that if the Lower Nueces River Water Supply dictates the terms of this contract, they might want to have some input into contracts in the future. He also pointed out that Beeville could claim that their contract is discriminatory since the contract proposed is different from all of the other contracts with the exception of one. Mayor Jones invited representatives from the City of Beeville to speak at this time. Mr. George Morrell, III, Attorney from Beeville, informed the Council that the City of Beeville would like to have had the original contract as negotiated between Beeville and the City of Corpus Christi. He stated that they do feel that the amended contract is discriminatory, but since they are so in need of water, the City of Beeville would like to have approval of the contract so that they can take it to the State for approval as soon as possible. Council Member Kennedy stated that he would like for the Council to have more lead and bargaining time on contracts in the future. He expressed the ion that this is not the best way to work out these difficult contracts. Rt. _r Council Meeting March 3, 3982 Page 9 Mr. Gene Urban, Urban Engineering, who is the engineer for the City of Beeville, explained that this rush that the Council is concerned about was absolutely unavoidable since the City of Beeville just learned that $40,000,000 worth of water development bonds have just become available and the deadline of March 10 was established for submission. He stated that it was completely unavoidable and the City Attorney of the City of Corpus Christi had worked Saturday and Sunday to resolve the problems in order to aid Beeville in getting their contract approved. Council Member Dumphy reiterated that he felt that the Council should meet with the Lower Nueces River Water Supply District Board to ascertain if they have any concerns or problems and try to get the matter resolved for , future contracts. Mayor Jones called for comments from the audience on other items on the agenda. Mr. Robert Ramey, Attorney representing Mr. Sam Susser, referred to item 5 on the agenda noting that even though'it had been withdrawn by the City Manager, he would like to address this matter. Mr. Ramey provided background information by informing the Council that the Susser Family were the original developers of this land in 1944; in 1960 they proposed the construction of a strip shopping center; and at that time, a 20' alley was closed contingent upon Mr. Susser's promise to dedicate a new easement and to relocate the utilities that were located in the alley. He also informed the Council that an ordinance was approved to change the zoning for a shopping center which required a screening fence along one street. He stated that later the project was abandoned and since that time, Mr. Susser has leased the property on Ayers to several fast-food restaurants. He stated that they are in the process of selling two vacant lots to Long John Silver Restaurant; they are ready to close the sale; but unfortunately, Mr. Susser still has the responsibility of removing the utility line in the alley that was previously closed. He stated that they would like to have the 15' wide utility easement in Block 8, Portairs Addition, closed and a 20' wide utility easement be rededicated at the former alley location in Block 8, Portairs Addition if Mr. Susser can be released from the obligation to relocate the utilities. He stated that they did not realize there was a problem until today and this question was raised by the Planning Department. Minutes Regular Council Meeting March 3, 1982 Page 10 Mr. Lontos explained that there are five or six conditions included in the zoning change approved in 1960 and at the time the Staff reviewed the reasons for closing this alley, they requested responses from all departments. He stated that they did not receive an answer from the Planning Department until today and the obligations included the screening fence, the landscaping, the prohibition of lights to be erected on Kilgore Street, and there was a setback building line on this street. He explained that the Staff just wanted to withdraw this item in order to review the obligations included in the zoning approval after they were informed of the obligations by the Planning Department. He indicated that there might not be any problem but they just needed a week to review the condition included as a part of the zoning. Mr. Ramey explained that they needed to close the sale as soon as possible and reiterated that the zoning obligations are really not valid since constructions was not started within one year as required and the zoning has referred to its original category. He pointed out that this property has remained vacant all of these years. He urged that the Council accept the 15' wide utility easement and relieve Mr. Susser from the obligation to remove the utilities in the other easement where the alley was previously located. Mayor Jones stated that he would be reluctant to approve this without Staff recommendation. Mr. Lontos reiterated that he hesitated to try to explain this because he has really not had time to study the problem but he would like to have time to review the Legal aspects of the five conditions imposed upon the property owner as a part of the granting of the zoning. Mayor Jones inquired as to when the request was first received, and Mr. Lontos replied that the request was made on January 12, 1982 but his office just received the objections of the Planning Department today. Mr. Ramey informed the Council that he and his client would reserve their request to abandon the 15' easement if the City would relieve Mr. Susser of the responsibility to remove the utilities from the other easement stating that this would allow Mr. Susser to sell the• property and the other easement problems could be worked out at a later date. Council Member Zarsky expressed the opinion that the Council should go ahead and allow the alternate 20' easement to be dedicated again and remove the ponsibility of Mr. Susser to remove the utilities. es _lar Council Meeting March 3, 1982 Page 11 Council Member Dumphy indicated his concurrence. Mr. Briones interjected that, in his opinion, Mr. Ramey might be entirely correct in his statements, but the problem is that the Staff has just not had an opportunity to research the files. City Manager Martin stated that the Staff has recommended approval up to this point and the only problem is whether the conditions imposed in 1960 are still in effect and if they are not in effect, the Staff would return to the Council with their original recommendation to approve this. He noted that it could be approved subject to those terms providing the Staff concurs that the other conditions are no longer in effect. - The Council indicated that they would approve item 5 subject to verification of the City Staff of the knowledge provided by Mr. Ramey to the effect that the conditions are no longer valid since construction did not occur within one year. Speaking on another matter was Mr. E. S. Pennebaker, 902 Barracuda. Mr. Pennebaker referred to item 16 which authorize the proposals for the public/private development of a new Marina office and patio bar and grill. He inquired if the decision had definitely been made that the Marina office will be constructed by private developers. Mayor Jones assured him that this is not the final judgment and this decision will not be made until the proposals have been received. A motion was made by Mayor Pro Tem Turner that the City Manager's Reports, items 1 through 21 be approved, item 5 being approved subject to concurrence by the City Staff; seconded by Council Member Zarsky; and passed unanimously. Mayor Jones then recognized all of the City officials who were present in the audience from Beeville. ********** Mayor Jones presented the following tabled matter: Closing of Second Street from Morgan Avenue to Elizabeth Street. The request was submitted by Spohn Hospital who owns all of the property on the east side and 70% of the property fronting on the west side. Spohn proposes to construct a parking garage along the east side of the street. The closing was tabled on February 17 for two weeks. The applicant has requested that the closing be further tabled. A motion was made by Mayor Pro Tem Turner that the closing of Second Street be tabled until April 7, 1982, seconded by Council Member Hawkins and passed unanimously. Minutes Regular Council Meeting March 3, 1982 Page 12 ********* Mayor Jones announced the hearing on the plat appeal of the Sunset Fishing and Hunting Club. The Club is appealing the requirement that the property have direct access from a public street. City Manager Martin reminded the Council that the City Staff was directed to prepare alternates by which a variance may be granted if a finding is made that extraordinary hardships may result from strict compliance with the regulations of the platting ordinance. He then presented to the Council a copy of three alternates which had been prepared by the Planning Department. Mr. Larry Wenger, Acting Director of the Planning Department, reviewed the matter and stated that this is a plat appeal as a result of a February 3 Workshop Meeting, at which time the club members addressed the Council. He expressed the Planning Department's concern in that their only access to the property is not from a dedicated public street. He stated that the clubhouse was destroyed by Hurricane Allen and the members wish to reconstruct it. He stated that not only does the clubhouse not meet these requirements for access, but it also has septic tanks, that are not in compliance, to provide sewer service. Mr. Wenger then explained the following alternates to resolve the matter: Alternate A: If the City Council determines that approving the plat without direct access to a public street would nullify the intent and purpose of the general community plan or the platting ordinance, then the appeal should be denied. Alternate B: If the City Council cannot make a finding that extraordinary hardships may result from strict compliance with the platting ordinance in this case, based on information provided at the public hearing and by the appellant including the fact that the property is separated from the nearest public street by several other parcels under different ownerships, then the appeal should be denied. Alternate C: If the necessary findings can be made to support a variance to the requirement for access to a public street, then the variance could be granted and the appeal could be approved subject to one of the following conditions: 1. That sanitary sewer service be extended to the property by the owners. 2. That the owners construct an on-site private sewage disposal system satisfactory to and approved by the Health Department. 3. That, if the existing septic tank and drain field system cease to function properly, the owners construct a new' on-site private sewage disposal system satisfactory to and approved by the Health Department. 1 s Rt _ar Council Meeting March 3, 1982 Page 13 Mayor Jones invited the applicant to speak. Mr. Claude Boggs, President of the Sunset Fishing and Hunting Club, briefly reviewed the history of the club. He assured the Council that they have no intention of creating a health hazard by the use of the septic tank; they have always kept their septic tank cleaned; and if the Council would grant them a permit, they planned to erect a building and have a septic tank that will meet the standards of the Health Department. Mr. Boggs then examined the alternates as prepared by the Planning Department and stated that they would prefer that Alternate C, 3., be approved. Mr. Wenger informed the Council that the Health Department will inspect the septic tank at the time the permit is issued. i 1 A motion was made by Council Member Hawkins that due to the extraordinary hardship, this variance be approved according to Alternate C, 3. of the Staff's alternates. The motion was seconded by Mayor Pro Tem Turner and passed unanimously. Mr. Bill Hennings, Assistant City Manager, informed Mr. Boggs that the plat will have to be filed before the permit can be issued. ********* Mayor Jones announced public hearings on two zoning applications. Assistant City Manager Tom Utter announced the public hearing on Application No. 981-12, Lebasyr Club, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 2, Dirksen Tract located on the east side of Flour Bluff Drive aproximately 675' north of Glenoak Drive. Mr. Utter explained that the original recommendation of the Planning Commission was to grant a special permit for a meeting place subject to a site plan addressing the standard screening fence, elevations, landscaping, exterior of the building and parking but the recommendation was later changed to denial after the applicant repeatedly submitted an unacceptable site plan. He stated, also, that the Planning Staff recommended denial and that in response to the notices of the public hearing, three in opposition had been returned and the 20% rule is in effect on this application. Minutes Regular Council Meeting March 3, 1982 Page 14 Acting Director Wenger located the area on the zoning and land use map, explained the land use in the surrounding area, showed slides of the area, and stated that the Planning Commission had considered this case during several hearings and the applicant had never presented an appropriate site plan; therefore, the Planning Commission now recommends denial. Mr. Garth Herro, President of the Lebasyr Club, stated they were amateurs and were just not sure how the site plan should be prepared. He stated that they now have a new plan with a different facade which shows the proper elevation. He expressed the opinion that this site plan now meets all of the objections of the Planning Commission and assured the Council that they will do everything correctly in the future, stating that Mr. Charles Haile is now the architect for the project. Mayor Pro Tem Turner questioned this type of club atmosphere in a residential neighborhood. Mr. Herro assured the Council that they do not have any plans for an open bar; they only have meetings there; and occasionally, weddings or receptions. He also stated that they would be glad to allow people in the area to use the building for other functions. Mr. Wenger pointed out that the "AB" zoning would be spot zoning; most of the area is being developed for residential use; and if this "AB" zoning is approved, it would represent an infringement into an area which could discourage the development of residences. Also speaking in favor of this application was Dr. Donald Hanna and Mrs. Joyce Isenberg, 4634 Jarvis. A motion was made by Council Member Dumphy that the hearing be closed, seconded by Council Member Zarsky, and passed unanimously. A motion was made by Council Member Zarsky that the request for "AB" zoning be denied but in lieu thereof, that a special permit be approved according to the site plan which was presented to the Council today and which was approved by the Staff; seconded by Mayor Pro Tem Turner; and passed unanimously. • - :s N s r Council Meeting 3, 1982 Page 15 ********** Mr. Utter announced the public hearing on Application No. 382-4, Loyal Order of Moose Lodge #734, for change of zoning from "R -1B" One -family Dwelling District with a "SP" Special Permit to "B-4" General Business District on Lot 1, Peary Place Annex E, located on the south side of South Padre Island Drive, approximately 750' west of Paul Jones Avenue. He noted that the Planning Commission heard this case the preceding evening and that in response to the notices of the public hearing, one in favor had been returned. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that the Moose Lodge plans to add to their existing building. He informed the Council that the Planning Commission heard the case last night and recommended approval of a special permit subject to the submission of an appropriate site plan. No one spoke in regard to this zoning case. A motion was made by Council Member Dumphy that the hearing be closed, seconded by Mayor Pro Tem Turner, and passed unanimously. A motion was made by Council Member Dumphy that the zoning of "B-4" be denied but in lieu thereof, a special permit be approved according to the submitted site plan; seconded by Mayor Pro Tem Turner; and passed unanimously. ********** Mayor Jones called for the ordinances. City Manager Martin briefly explained the ordinances on the agenda and called to the Council's attention amendments to two of the ordinances, one of which was the ordinance authorizing the agreement with Ray Hunley for renovation and improvement of the boat repair facility on the L -Head and the other was the ordinance authorizing the City Manager to execute a park dedication agreement with SAA -81, Joint Venture, and the 100 South Padre Property Owners' Association. A motion was made by Council Member Council Zarsky that both motions to amend these ordinances be approved; seconded by Mayor Pro Tem Turner; and passed unanimously. Minutes Regular Council Meeting March 3, 1982 Page 16 There were no comments from the audience on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were approved: FIRST READING: AMENDING SECTION 57-251 MAXIMUM WRECKER SERVICE AND STORAGE FEES OF THE CITY CODE BY INCREASING FEES; ADDING SECTION 57-252 NOTIFICATION TO PERMIT HOLDERS OF PENDING CHANGES IN PERMIT REGULATIONS; AND AMENDING SECTION 13-49 (1) AND 13-49 (2) TO INCREASE FEES; PROVIDING FOR REPEAL, 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, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". FIRST READINS: AMENDING THE PLATTING ORDINANCE NO. 4168 BY AMENDING PART (c) AND PART (d) OF SUBSECTION 1 OF SECTION F, SO THAT THE DEDICATION OF PARK LAND OR THE PAYMENT OF MONEY IN LIEU THEREOF IS NOT REQUIRED IN COMMERCIAL OR INDUSTRIAL SUBDIVISIONS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". SECOND READING: AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROVE A LEASE AGREEMENT WITH PUMPKIN AIR, INC., COVERING A CORPORATE HANGAR LEASE PLOT AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, WITH UTILITY LINES, A ROAD EXTENSION, RAMP AND HELIPAD TO BE CONSTRUCTED BY PUMPKIN AIR, INC., ALL AS SHOWN AND MORE FULLY DESCRIBED IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "1". (First Reading - 2/24/82) The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". THIRD READING - ORDINANCE NO. 16907: AMENDING THE 1981-82 BUDGET, ADOPTED BY ORDINANCE NO. 16428, PASSED JULY 29, 1981, AS AMENDED, BY AMENDING THE GENERAL FUND BUDGET BY INCREASING THE TRANSFER TO THE AID AMBULANCE FUND BY $14,250, AND BY AMENDING THE AID AMBULANCE SYSTEM FUND BUDGET BY DECREASING THE ESTIMATED REVENUE FROM AID NON -EMERGENCY CALLS BY $30,000, INCREASING THE HOSPITAL DISTRICT CONTRIBUTION AND THE CITY -GENERAL FUND CONTRIBUTION BY $14,250 EACH AND DECREASING THE APPROPRIATION FOR FUEL AND LUBRICANTS IN THE AMBULANCE ACTIVITY BY $1,500 (FUND 119, ACTIVITY 222-549.01, CODE 216). (First Reading - 2/17/82, Second Reading - 2/24/82) The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". THIRD READING - ORDINANCE NO. 16908: AUTHORIZING EXECUTION OF AN AMENDED AGREEMENT WITH THE NUECES COUNTY HOSPITAL DISTRICT FOR OPERATION OF A COUNTY -WIDE PUBLIC AMBULANCE SERVICE WHICH PROVIDES FOR THE REMOVAL OF ALL REFERENCE TO NON -EMERGENCY OR ELECTIVE AMBULANCE SERVICE, A SUBSTANTIAL COPY OF WHICH AMENDED AGREEMENT IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. (First Reading - 2/17/82, Second Reading - 2/24/82) The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting( "Aye"; Gulley, lent". M R c Council Meeting *MArcn 3, 1982 Page 17 THIRD READING - ORDINANCE NO. 16909: AMENDING THE CODE OF ORDINANCES BY ADDING SECTION 57-200 ENTITLED TRANSFER OPERATION PERMIT AND AMENDING SECTION 57-178 TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR OPERATING NONEMERGENCY MEDICAL TRANSFER SERVICES IN THE CITY; AMENDING SECTIONS 57-179 THROUGH 57-180 TO UPDATE REQUIREMENTS FOR DRIVERS AND ATTENDANTS; AND AMENDING THE DEFINITION OF "AMBULANCE SERVICE" IN SECTION 57-170. (First Reading - 2/17/82, Second Reading - 2/24/82) The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". THIRD READING - ORDINANCE NO. 16910: AMENDING SECTION 36-9 OF THE CODE OF ORDINANCES TO MODIFY THE DEFINITIONS PERTAINING TO THE REGULATION OF OVERNIGHT CAMPING AND CAMPFIRES; TO PROHIBIT OVERNIGHT CAMPING AND CAMPFIRES IN THE CORPUS CHRISTI IMPROVEMENT DISTRICT AND THE SHORELINE -OCEAN DRIVE PARKWAY WITH CERTAIN EXCEPTIONS; AND PROVIDING FOR SEVERANCE. (First Reading - 2/17/82, Second Reading - 2/24/82) The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". THIRD READING - ORDINANCE NO. 16906: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO CONTRACT WITH RAY HUNLEY FOR RENOVATION AND IMPROVEMENT OF THE BOAT REPAIR FACILITY ON THE L -HEAD, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, MARKED EXHIBIT "B", A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND AUTHORIZING THE CITY MANAGER, UPON COMPLETION, APPROVAL AND ACCEPTANCE OF SUCH RENOVATION AND IMPROVEMENTS, TO EXECUTE A 15 -YEAR LEASE AGREEMENT WITH RAY HUNLEY FOR THE OPERATION OF A BOAT REPAIR SERVICE FACILITY ON 24,955 SQUARE FEET OF THE L -HEAD AT AN INITIAL MONTHLY RENTAL OF $1,750, SUBJECT TO ADJUSTMENT EVERY FIVE YEARS THROUGHOUT THE LEASE TERM, AS MORE FULLY SET FORTH IN THE AGREEMENT TO CONTRACT, MARKED EXHIBIT "A", A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR PUBLICATION. (First Reading - 2/17/82, Second Reading - 2/24/82) The following ordinance was read for the third time and passed by the following vote: Jones, Turner, Dunphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". THIRD READING - ORDINANCE NO. 16911: REPEALING ORDINANCE NO. 15100 APPROVED BY THE CITY COUNCIL ON SEPTEMBER 5, 1979; AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE SOUTHSIDE LITTLE LEAGUE, LEASING TO SAID SOUTHSIDE LITTLE LEAGUE TWO PARCELS OF LAND IN PRICE PARK, ONE BEING 5 ACRES, THE OTHER BEING 1.71 ACRES, FOR THE PURPOSE OF CONDUCTING A LITTLE LEAGUE BASEBALL PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". (First Reading - 2/17/82, Second Reading - 2/24/82) The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dunphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". THIRD READING - ORDINANCE NO. 16212: AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING ARTICLE II, MARINA SECTION, CHAPTER 12, BAYS, BOATS AND WATERWAYS, SECTION 12-61 (i), RATES FOR TRANSIENT PLEASURE CRAFT, BY CHANGING THE TITLE OF SUBPARAGRAPH (i) TO: RATES FOR TRANSIENT CRAFT, AND INCREASING THE CHARGE FOR PLEASURE CRAFT TO TWELVE DOLLARS ($12) PER DAY (CONSTITUTED AS STAYING OVER NIGHT), PLUS AN ADDITIONAL TWO DOLLARS ($2) FOR LIMITED TAP WATER AND ELECTRICITY; ESTABLISHING A TRANSIENT FEE OF TWENTY-FIVE DOLLARS ($25) PER DAY FOR CREW BOATS AND OTHER COMMERCIAL BOATS, PLUS AN ADDITIONAL TWO DOLLARS ($2) PER DAY FOR LIMITED TAP WATER AND ELECTRICITY, AND AMENDING THE LENGTH OF A STAY FOR TRANSIENT CRAFT TO NOT EXCEED TEN (10) DAYS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. (First Reading - 2/17/82, Second Reading - 2/24/82) Minutes Regular Council Meeting March 3, 1982 Page 18 The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". THIRD READING - 16905: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AMENDMENT WITH PLEASURE PIER ASSOCIATES, INC., DBA CAPTAIN BOOMERS, PROVIDING FOR THE EXTENSION OF THE TERM OF THE LEASE FROM THE CURRENT FIVE YEARS TO FIFTEEN YEARS, BEGINNING THE 11TH DAY OF OCTOBER, 1980, AND TERMINATING THE 10TH DAY OF OCTOBER, 1995, AND MAKING PROVISIONS FOR A REVIEW AND RENEGOTIATION OF THE CURRENT RATE SCHEDULE AT THE END OF THE INITIAL FIVE-YEAR TERM OF THE LEASE, THE 10TH DAY OF OCTOBER, 1985,'A SUBSTANTIAL COPY OF WHICH AMENDMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". (First Reading - 2/17/82, Second Reading - 2/24/82) The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". THIRD READING - ORDINANCE NO. 16913: AUTHORIZING THE CITY MANAGER TO ENTER INTO A WATER SALES CONTRACT WITH THE BEEVILLE WATER SUPPLY DISTRICT, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. (First Reading - 11/25/81, Second Reading - 12/31/81) The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". THIRD READING - ORDINANCE NO. 16914: AUTHORIZING THE CITY MANAGER TO EXECUTE A PARK DEDICATION AGREEMENT WITH SAA -81, JOINT VENTURE, AND THE 100 SOUTH PADRE PROPERTY OWNERS' ASSOCIATION. (First Reading - 11/25/81, Second Reading 12/9/81) The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16915: CLOSING 40' x 200' PORTION OF LOZANO STREET SUBJECT TO APPLICANT MAKING ARRANGEMENTS TO ABANDON OR PURCHASE EXISTING ONE -INCH GAS LINE AND SIX-INCH SANITARY SEWER LINE IN THE STREET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dunphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16916: ABANDONING AND RELEASING THE UNUSED 15 -FOOT UTILITY EASEMENT IN BLOCK 8, PORTAIRS ADDITION; DECLARING VOID AND RELEASING LANDOWNER'S OBLIGATIONS FOR REMOVAL OF EXISTING UTILITY IN THE BLOCK; ACCEPTING A 20 -FOOT UTILITY EASEMENT IN BLOCK 8, PORTAIRS ADDITION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye" Gulley, "absent". ORDINANCE NO. 16917: DESIGNATING ELIGIBLE BLIGHTED AREAS UNDER THE DEVELOPMENT CORPORATION ACT; MAKING FINDINGS AND REPRESENTATIONS IN RELATION THERETO; AND DECLARING AN EMERGENCY. Charter Rule was suspended and the foregoing ordinance passed by the wing vote: Jones, Dunphy, Hawkins, Kennedy and Zarsky voting, "Aye"; er, "Nay"; and Gulley, "absent". R _r Council Meeting ` 'March 3, 1982 Page 19 ORDINANCE NO. 16918: APPROPRIATING $3,400 OUT OF NO. 250 SANITARY SEWER BOND FUND FOR APPRAISAL FEES BY ROY TEMPLE OF FIVE PARCELS NEEDED FOR THE SOUTH STAPLES -TRUNK SEWER EXTENSION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16919: APPROPRIATING $750 OUT OF THE NO. 295 COMMUNITY CONVENTION FACILITY BOND FUND FOR APPRAISAL FEES FOR ACQUIRING BAYFRONT SCIENCE PARK PARCEL 67; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed following vote: Jones, Turner, Dunphy, Hawkins, Kennedy and Zarsky "Aye"; Gulley, "absent". ORDINANCE NO. 16920: by the voting, AUTHORIZING THE CITY MANAGER TO ACQUIRE DRAINAGE EASEMENT FROM PATRICK DIAMOND FOR LAS PALMAS DRAINAGE IMPROVEMENT PROJECT; APPROPRIATING $2,200 OUT OF THE NO. 295 ;STORM SEWER BOND FUND FOR ACQUISITION, APPRAISAL SERVICES AND CONTINGENCIES; AND°DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16921: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH NUECES COUNTY FOR CONTINUATION OF THE PROGRAM FOR THE ELDERLY OUTSIDE THE CITY OF CORPUS CHRISTI AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO CONTINUE THE AFORESAID PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dunphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ORDINANCE NO. 16922: AUTHORIZE THE CITY MANAGER TO EXECUTE AN INDUSTRIAL SUBDIVISION CONTRACT FOR COLES INDUSTRIAL ACRES AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance following vote: Jones, Turner, Dunphy, Hawkins, Kennedy and "Aye"; Gulley, "absent". ORDINANCE NO. 16923: PARK DEFERMENT passed by the Zarsky voting, AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED UPON APPLICATION OF THE LEBASYR CLUB BY GRANTING A SPECIAL COUNCIL PERMIT FOR A MEETING PLACE FOR THE SAID CLUB ON LOT 2, DIRKSEN TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, N:UECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. • The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dunphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". Minutes Regular Council Meeting March 3, 1982 Page 20 ORDINANCE NO. 16924: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF LOYAL ORDER OF MOOSE, LODGE *734 BY GRANTING A SPECIAL COUNCIL PERMIT FOR EXPANSION OF PRESENT STRUCTURE, A FRATERNAL ORGANIZATION LODGE HOME ON LOT 1, PEARY PLACE, ANNEX E, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "absent". ********** Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Ray Magoruiork, the owner of Kwik -Mart Convenience Store at 4249 McArdle, presented to the City Secretary a petition signed by 618 citizens who reside in the McArdle area betwen Weber and Everhart. He read the petition which urged that McArdle Street be repaired and the sewer work be completed as soon as possible. He informed the Council that this portion has been blocked off for five months with no apparent work being done. He explained that the businesses and residences in the area have been severely hampered during that period of time. Mr. Lontos verified that this statement was true. Mr. Magoruiork then presented pictures of the street which were taken on March 3. He stated that he ,felt that they should have some access. Mr. Lontos briefly explained the contract on this project for the sliplining of the sewer and informed them that they had had a severe failure of a 42" sewer line located in this area. He explained that the contractor tried to locate the failure and discovered that there were some very serious failures and a cave-in had occurred. He stated that some of that material that caved in blocked the sewer downstream; they put a bypass pump with a man on the job to be sure that the bypass pump was working; they have discussed this with the contractor who has agreed to use that cave-in to go in and line the sewer line with polyethelyn. He also stated that the contractor Minutes Regular Council Meeting March 3, 1982 Page 21 plans to construct a bypass road so that the traffic can move around the failure until it is repaired. He stated that the temporary road will be ready by next week. Also speaking on this problem was Mr. Nick Nichols, 4201 McArdle, who owns a shop in the same area and for which they have no access. Mr. John Crier, 4245 McArdle, stated that he owns a vacuum cleaner shop in the same shopping center and explained the hardships that he has suffered since this block has been completely closed to traffic. Mayor Jones stated that he sympathizes with these property owners and expressed the opinion that the bypass road would relieve their situation temporarily until the sewer line is completed and the street has been restored to its former condition. Mr. Gerald Rhodes, 2329 Rain Mist, addressed the Council and stated that he was representing the Tuloso-Midway High School Band. He informed them that this year's band has been invited by the World Trade Fair Committee to perform during the opening parade of the World's Fair in Knoxville, Tennessee and also to give a concert. He stated that they will represent the school system and the City of Corpus Christi. He informed the Council that the students have been working very hard to raise'funds for expenses which they anticipate will be around $38,000. He requested that the City Council and the citizens of Corpus Christi give this band their enthusiastic support. ********** A motion was made by Council Member Dumphy to excuse Council Member Gulley from the meeting, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Council Member Dumphy that the Minutes of the Regular Council Meetings of February 3, 1982 and February 10, 1982 be approved as presented; seconded by Mayor Pro Tem Turner; and passed unanimously. ********* Deputy City Manager Briones inquired if the Council would agree to a CETA Meeting at noon, March 24, 1982, and the Council indicated their concurrence. There being no further business to come before the Council, on motion by Kennedy, seconded by Turner, and passed unanimously, the Regular Council Meeting was adjourned at 4:38 p.m., March 3, 1982.