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HomeMy WebLinkAboutMinutes City Council - 04/07/1982vau- MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING APRIL 7, 1982 2:00 P. M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy City Manager Edward Martin Bob Gulley City Attorney J. Bruce Aycock Herbert L. Hawkins City Secretary Bill G. Read Dr. Charles W. Kennedy Cliff Zarsky Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend Steve Shehane of First Assembly of God Church, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Betty Turner. 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 called attention to the issuance of the following proclamations: "PHYSICAL THERAPY WEEK" - April 12-18, 1982, "LA SEMANA DE LOS VISITANTES DE MEXICO" - Apri1,4-10, 1982; "VISITORS FROM MEXICO WEEK" - April 4-10, 1982; :'PHYSICAL THERAPY WEEK" - April 12-18, 1982 and "FAIR HOUSING MONTH" - April; 1982. A motion was made by Council Member Kennedy that the Minutes of the Regular Council Meetings of March 24 and March 31, 1982 and the Special Council Meeting of March 24, 1982 be approved as presented; seconded by Council Member Hawkins; and passed unanimously. .CROFILM€D 'SSP i 9 M Minutes Regular Council Meeting April 7, 1982 Page 2 Mayor Jones announced the bid opening on the following oil and gas lease: A three year oil and gas lease for 241.785 acres at the International Airport. A request has been made for such a lease. The minimum cash bonus is $50 per acre; minimum delay rental $10 per acre; and the minimum royalty 20%. The property is located north of the intersection of Joe Mireur Road and McGloin Road. Mr. F. D. Glenn, Purchasing Agent, opened the one bid received on this lease from Tredun Oil Company. Mayor Jones stated that the bid will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for recommendation. Eligible to receive retirement plaques were the following employees who were unable to be present: Employee: Richard F. Miller Wilton J. Anderson Department Position Years of Service Police Captain 25 Police Cook 20 ********* Mayor Jones called for confirmation of actions taken during the Workshop Meeting of April 7, 1982, as follows: 1. Board and Committee Appointments. Mayor Jones briefly reviewed the appointments discussed during the morning Workshop Meeting. A motion was made by Council Member Zarsky that the following appointments be confirmed, seconded by Council Member Hawkins and passed unanimously: BOARD OF ADJUSTMENT: TERM TO EXPIRE: Mr. Bill J. Brown (Reappointment) 4-4-84 Mr. Robert Gonzales, Sr. (Reappointment) 4-4-84 Mr. Edgar Moore (Reappointment) 4-4-84 Mr. Bill Andrew (Reappointment) 4-4-84 Mr. Julius Rosenberg (Reappointment) 4-4-84 Mr. Floyd Williams (Alt.) 4-4-84 Mr. Claudio Herrera (Alt.) 4-4-84 Mayor Jones enumerated his recommendations for appointments to the Housing Authority. tr • tes jular Council Meeting April 7, 1982 Page 3 A motion was made by Council Member Gulley that the following appointments be confirmed, seconded by Counil Member Dumphy and passed unanimously. HOUSING AUTHORITY: TERM TO EXPIRE: Mr. Ruben Rodriguez (Reappointment) 4-4-84 Mr. Ernest Carter (Reappointment) 4-4-84 Mr. Orby G. Roots (Reappointment) 4-4-84 A motion was made by Council Member Dumphy, seconded by Council Member Hawkins and passed unanimously that the following appointment be confirmed: BUILDING CODE BOARD OF APPEALS: TERM TO EXPIRE: Mr. Alberto Galvan, Sr. (Homebuilder) 5-4-84 2. Current shrimp boats be allowed to remain on the south side of the L -Head as long as they are not removed or replaced and the L -Head shrimpers be given priority for slips on the Peoples Street T -Head for not to exceed 60 days. After 60 days, People Street T -Head slips will be allocated on a first come first serve basis. A motion was made by Council Member that the foregoing action be confirmed, seconded by Council Member Hawkins and passed by the following vote: Dumphy, Gulley, Hawkins and Kennedy voting, "Aye"; Jones and Zarsky voting, "No"; Turner, "abstaining". ********** Mayor Jones called for consideration of the following actions to be approved by the City Council by motion: 1. A public hearing be set for April 21, 1982, relative to the following items pertaining to the London House Apartment development on Wooldridge Road between Cimmaron Boulevard and South Staples. a. An amendment' to the Master Sanitary Sewer Plan involving a 305 acre service area on Wooldridge Road bounded by Holly Road, South Staples Street, Saratoga Boulevard and an area west of Airline Road. b. The adoption of an ordinance providing for a pro -rata acreage charge estimated on the basis of cost/per acre plus related expenses to cover the City's portion of the cost for the sewer service trunk lines, excepting that area which is being designated as the London House project. The amendment to the Master Sanitary Sewer Plan was presented to the Planning Commission on January 19, 1982. Bids for the Wooldridge Road Trunk sanitary sewer to serve the area are being received on April 21, 1982. The exact fee to be charged will be determined after bids are received and is designed to recover the City's cost for the trunk sanitary sewer along Wooldridge Road. Minutes Regular Council Meeting April 7, 1982 Page 4 ** 2. A public hearing be set for April 28, 1982 on a. The request of the Padre Staples Mall ownership to close Janet Drive from McArdle Road to Mount Vernon Drive and a portion of Mount Vernon Drive from Lenora Drive to Janet Drive. b. The amendment of the Master Transportation Plan to provide for the extension of Mustang Trail from S. Staples to Padre Island Drive. The Padre Staples Mall is proposing an expansion to the north and has acquired all of the formerly residential properties along Janet Drive and are requesting that the street, along with a portion of Mount Vernon Drive, be closed. Concurrently with this closure concept, the staff is recommending a route for the Mustang Trail extension in accordance with the scope of the 1982 Bond Program. Mustang Trail, if extended, will be a collector street and a master plan amendment is required. If the Council concurs with this procedure, a public hearing will be scheduled before the Planning Commission on April 13, 1982. The staff recommends that the street be closed subject to utilities being rerouted, the property being replatted, drainage being provided and a 60 -foot right-of-way parallel to Janet Drive be dedicated from McArdle Road to South Padre Island Drive as part of the route for the future Mustang Trail extension. 3. Plans and specifications be approved and bids be received May 5, 1982, for Phase I of the Brookhaven/Five Points Area Sanitary Sewer project. This 1977 Bond project provides for the installation of gravity sanitary sewers in Brookside Drive, Brookhaven Drive, McBurnett Drive, Hearn Road, Country Estates Drive, Cox Circle and Shelton Boulevard. All of the streets are residential streets immediately east of the Five Points Area of the Calallen portion of the City. * 4. An engineering contract be awarded to Horizon Engineering, a local mechanical engineering firm, for the purpose of preparing plans and specifications for the replacement of the air conditioning system and return air ducts at the Greenwood Branch Library. The existing system is a 50 ton gas fired unit installed in 1966. The unit can no longer be maintained in a serviceable condition and must be replaced. Funds in the amount of $60,000 for the repair and replacement have been allocated in the 1981-82 General Revenue Sharing Budget. 5. Change Order No. 6 to the Oso Wastewater Treatment Plant Expansion, Contract No. 4 be approved for $6,719.86. The change order provides for the furnishing of a number of laboratory equipment items by the contractor, necessary to perform the tests that are essential during the monitoring and operation of the Oso Wastewater Treatment Facility. The cost of the change order will be shared by 75% Federal funds and 25% local funds which were approved in the 1977 bond election. The equipment is required by the Environmental Protection Agency. 6. A change order to the O. N. Stevens Water Treatment Plant project be approved for $42,247. The change order provides for additional foundation stabilization of the area within the reservoir site where the clearwell water storage tank is to be constructed. The location of the clearwell was changed by recommendation of the Texas Department of Health in order to provide for future addition of a carbon filtration unit; therefore, the new site required additional stabilization with cement, lime, and additional piers and larger slab to protect against water seepage. No appropriation is necessary. ** Date changed -- See page 8. * This item was withdrawn from the consent agenda for further discussion. t. tes ..-yular Council Meeting April 7, 1982 Page 5 7. Bids be received May 18, 1982 for five year rental car concessions at the Corpus Christi International Airport. The current leases have expired and are being continued on a month-to-month basis. Five car rental concessions will be awarded. The concessionaires will pay a minimum annual guarantee or 10% of gross, whichever is greater; $12.00 per square foot per year for space in the baggage claim area and $8 per month per space for car rental parking. 8. A temporary permit be issued to the Builders Association of Corpus Christi to permit the erection of a tent in Briarhurst Street in Brighton Village Subdivision. The tent would be used to display home products in connection with the 1982 Parade of Homes and would be set up on May 27, 1982 and taken down on June 7, 1982. The location is not in a through street in the new subdivision and would not hamper traffic in the area. Special barricade requirements would be provided and appropriate hold harmless provisions would be a condition of the permit when issued for the erection of the tent. A similar permit was issued for the 1981 Parade of Homes in Breckenridge Subdivision. 9. One additional 12 -ton tilt bed equipment trailer for the Wastewater Division be purchased on the basis of low bid from Gulfside, Inc., Corpus Christi, for $8,462.42. The price reflects an 8.8% increase over bids received 5/78 for similar equipment. This equipment is included in the 1981/82 budget. Six bids were received. Trailers allow heavy equipment to be moved more rapidly from location to location than driving the equipment itself on the highway saving on wear and tear. Presently, the tap and maintenance of lines crews have trailers but the heavy construction crew does not. 10. Bids be received April 27, 1982 for an additional wheel loader/12' backhoe for the International Airport to be used in cleaning ditches and maintaining and repairing the Airport grounds. The equipment is included in the 1981-82 Budget. 11. Bids be received April 27, 1982 for traffic signal material and supplies including 27,500 feet of traffic control cable, 24 traffic signals, 320 signal lenses, miscellaneous signal mounting supplies and 135 signal hoods and visors. Funds are available in the 1981-82 Budget. 12. Bids be received May 4, 1982 for a 12 -month supply agreement for approximately 150' of 1"-14" steel pipe and its coating and wrapping for the Gas Division. * 13. The L -Head bait stand lease with Mr. Lemon be terminated and Mr. Lemon be paid $2,000.00 pursuant to paragraph XII of the lease which provides for a refund to the concessionaire when bait stand buildings have been rendered unuseable because of storm damage. A portion of the leased premises was damaged by Hurricane Allen. The payment will also settle the pending lawsuit over this lease. * 14. An indemnity agreement be accepted from Champlin Petroleum Company and• the requirements of the Land and Bay Drilling Ordinances for bonds and insurance be waived. The ordinances provide for operators to be self-insured,' subject to approval of the City Council, if the net worth of the operator is in excess of $20 million. The annual report of Union Pacific Corporation and subsidiary companies, one of which is Champlin Petroleum Company, indicates that stockholders equity amounted to over $3 billion as of December 31, 1981. 15. The conversion of present month-to-month rental agreements on various data processing equipment to a 24 -month installment payment plan be approved. This installment payment plan will protect the City from price increases and will save approximately ' $255,000 in rental payments over the next two years. * These items were withdrawn from the consent agenda for further discussion. Minutes Regular Council Meeting April 7, 1982 Page 6 * 16. Bids be received April 26, 1982 for Administrative Services Only Group Health and Life coverage. The specifications provide for the City to self -fund the Group Life and Health benefits program beginning 8/1/82 with no change in current coverage. On February 24, the City Council authorized receiving prequalification proposals for the service. Fourteen responses were received of which eleven met the qualification criteria and three did not. 17. The appointment of Fox & Co., Certified Public Accountants, be approved to perform the Compliance Audit of Revenue Sharing Funds for the fiscal year ending July 31, 1981 for a fee of $1,800. The Compliance Audit is required by the Office of Revenue Sharing. This firm has already performed the financial audit as part of their regular city audit. 18. A 5,000 lb. diesel powered industrial forklift for the City's Warehouse be purchased from Forklifts Unlimited, Inc., Corpus Christi, on the basis of low bid of $15,740. The forklift will replace a 1972 model. Bids were received from nine firms. Price comparison shows an increase of 7.5% since March, 1981. The equipment is included in the 1981-82 Budget. Council Member Gulley requested that the date of the public hearing in item 2 be changed to May 5, 1982, indicating that he had discussed this with the applicants who had agreed to the change of date. The other Council members indicated their concurrence with this date. A motion was made by Council Member Gulley that items 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 15, 17, and 18, be approved; seconded by Council Member Zarsky; and passed unanimously. City Manager Ed Martin informed the Council that Spohn Hospital has requested that the tabled consideration of the closing of the Second Street from Morgan Avenue to Elizabeth Street be withdrawn at this time, indicating that they would request new dates on this closing in the future. Mr. Martin also explained that the Staff has just been advised prior to this meeting that the parties involved in the 4:00 o'clock hearing concerning the request regarding construction of storm sewers in Lexington Plaza Subdivision have requested that this also be withdrawn for one week. A motion was made by Mayor Pro Tem Turner that items N and 0 be withdrawn from the agenda, seconded by Council Member Kennedy and passed unanimously. Mayor Jones called for consideration of the items withdrawn from the consent agenda for further discussion. At this time, Mr. Michael Kendrick, Attorney involved in the Lexington Plaza Subdivision hearing, appeared in the Council Chamber and was informed by * This item was withdrawn from the consent agenda for further discussion. Utes ..gular Council Meeting April 7, 1982 Page 7 the Mayor that the Council had received a request from the other party involved requesting that it be delayed for one week since both parties are attempting to resolve the matter. Mr. Kendrick suggested that the matter be tabled for two weeks to give them a little more time to try to resolve the problems. Mayor Jones stated that he has a problem with item 4 from the consent agenda in regard to replacing an air conditioning unit that is not very old. Mr. Tom Utter, Assistant,City Manager, explained to the Council that the duct work for the air conditioning system runs underneath the building; it is very close to the ground; the dampness has rusted the ducts and the unit itself is sixteen years old and the Staff feels that it must be replaced. Mr. Jerry Smith, P.E., Acting Director of Engineering and Physical Development, informed the Council that Maintenance Services personnel had worked several times last summer in an attempt to keep the air conditioning unit in operation. He stated that the Staff feels that there is a need to remove that unit and to replace it with an electrical unit which would effect a savings in operating costs. Mayor Jones then referred to item 13, pertaining to the L -Head Bait Stand Lease and inquired about the source of the funds to be paid to Mr. Lemon who currently has the lease. Mr. Utter replied that the funds will be from the Marina Fund. He then explained the terms of the settlement. Council Member Hawkins referred to item 14, pertaining to the indemnity .agreement from Champlin Petroleum Company and asked about the reference to the ordinances. Mr. Bill Hennings, Assistant City Manager, stated that the ordinances referred to were the Land Drilling Ordinance and the Bay Drilling Ordinance. Mr. Hawkins then inquired about the indemnification agreement and inquired as to why it was not with Union Pacific Corporation, which is the parent company of Champlin Petroleum Company. Mr. Hennings commented that the annual report from Union Pacific does not break out the report for Champlin Petroleum. Minutes Regular Council Meeting April 7, 1982 Page 8 Mr. Hawkins stated that he would like to have this item withdrawn until this can be checked and expressed the opinion that the indemnity agreement should be with the parent company, Union Pacific Corporation, rather than with Champlin Petroleum Company. Council Member Dunphy inquired as to the size bond that Champlin would have to provide if the indemnity agreement was not accepted. Mr. James Conn, Petroleum Superintendent, stated that they will not be obligated to obtain a $10,000 nor a $250,000 liability insurance. Mayor Jones suggested that this item be approved today and request that the Staff provide answers from Champlin Petroleum Company. Mr. Hawkins indicated his concurrence. Council Member Kennedy referred to item 16 in regard to the self -funding of the Group Life and Health Benefits Program. Mr. Chuck Speed, Director of Personnel, explained that eleven companies have indicated interest in bidding on this item. City Manager Martin pointed out to the Council that if the City can afford the risk of self-insurance, a greater savings can be effected. Mayor Pro Tem Turner stated that she is primarily interested in claims handling and inquired if any of the companies indicating interest would be able to handle those claims locally. Mr. Speed assured her that the claims will be handled locally by a representative but they will be paid from another City. He stated that currently, the insurance company handling the City's group insurance are paying claims out of the Houston Office, usually within eight to ten days. Mr. Speed continued his explanation by pointing out that most of the computers of all of the companies are located in other cities even if the claims are handled locally. He stated that all of the firms suggested are very reputable and highly recommended; they all have good records for handling claims; and several of them are now serving municipal governments. He agreed that there should be a local insurance reprsentative to answer questions pertaining to claims. He stated that the claims handling will be monitored by City Staff. Mayor Pro Tem Turner inquired about the change -over time required and Mr. Speed replied that he hopes that it will be no more than 60 days, but the employees will not experience any difficulties during the changeover period. Mayor Pro Tem Turner then inquired about investment on the reserves. tes ..-gular Council Meeting April 7, 1982 Page 9 Mr. Chuck Daley, Assistant Director of Finance, stated that his Office will set up a separate fund and investments will be made bn the reserves. There were no further questions on these items. A motion was made by Mayor Pro Tem Turner that items 4, 13, 14, and 16 be approved; seconded by Council Member Zarsky; and passed by the following vote: Jones, Turner, Dunphy, Hawkins and Zarsky voting, "Aye"; Gulley and Kennedy, absent from the Council Chamber at the time the vote was taken. Mayor Jones referred to the plans for the dedication ceremony for the opening of Choke Canyon Dam and after a short discussion, the date of June 8, 1982 was established for this event. Mayor Jones called for action of the City Council by new ordinance. g Mayor Jones referred to the ordinance authorizing a contract for Hurricane Allen damage repairs to the Bayfront Parks and inquired as to which parks were included in this contract. Mr. Smith informed him that this included the restoration of Cole Park, Ropes Park, Doddridge Park, Palmetto Park and Poenisch Park. He explained that bids on this project were received some time ago; discussions have been conducted with FEMA; they will fund 75% on most of the work; and the Staff would like to award this contract. Mr. Smith also mentioned that the extended deadline for FEMA support of projects is August 12, 1982. City Secretary Read informed the Council that a motion would be in order in regard to these ordinances. A motion was made by Mayor Pro Tem Turner that the ordinances be brought forward later in the meeting, seconded by Council Member Zarsky and passed unanimously. ********* Mayor Jones called for actions of the City Council by second reading, third reading and the zoning ordinances. City Secretary Read noted that two of the ordinances pertained to zoning cases which have not been heard at this time. A motion was made by Mayor Pro Tem Turner that the ordinance pertaining to the lease agreement for the City building at 613 South Shoreline be brought forward at the same time the previous ordinances are considered; seconded by Council Member Zarsky; and passed unanimously. Minutes Regular Council Meeting April 7, 1982 Page 10 ********* City Manager Martin reported on a question that was posed during the Workshop Meeting in regard to increasing the number of members on the Airport Advisory Board. He stated that during the lunch hour, he had checked and ascertained that the number of members on this board is set according to the City Charter, each member serving two year terms. He stated that this could be changed during a Chatter Amendment Election, and there is a possibility that it may be necessary to conduct an election in August on Police Arbitration. He noted that discussions could be held on other changes that might need to be made in the City Charter. Mayor Jones suggested that the Council make the five appointments and discuss changing the number of members during a Charter Amendment Election. ********* Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Kay Viles, 5137 Royalton, referred to the recent bond election and suggested that at the time the Council is considering selling bonds that priority be established for park improvements because there is a possibility that federal grants will be available for a short time in connection with the improvements of parks. A motion was 'de by Council Member Hawkins that the Regular Council Meeting be recessed at 3:00 Zarsky and passed unanimously. p.m. for 30 minutes, seconded by Council Member ********** Mayor Jones reconvened the Regular Council Meeting at 3:30 p.m. and stated that the next item to be considered were public hearings on two zoning applications. *** Council Member Zarsky was absent for the remainder of the meeting. Mr. Tom Utter, Assistant City Manager, announced the public hearing on Application No. 382-41, Mr. Lee A. Kelly, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on 1.624 acres out of the Thomas Gallagher 400 acres Survey 402, Abstract 988, located on the east side of Clarkwood South Road approximately 3,350 feet south of State Highway 44. .tes re=gular Council Meeting April 7, 1982 Page 11 Mr. Utter informed the Council that both the Planning Commission and Planning Staff recommend approval and that five notices of the public hearing had been mailed to property owners and one in favor and none in opposition had been returned. Mayor Jones ascertained that no one wished to speak in regard to this application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Mayor Pro Tem Turner that the Council concur with the recommendation of the Planning Commission and approve the zoning of "I-2" for Application No. 382-11; seconded by Council Member Hawkins; and passed unanimously. ********* Mr. Utter announced the public hearing on Application No. 382-7, Dr. John 8. Sohocki and Mr. Billy D. Brunson, for a change of, zoning from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District on Tract 1 and "B-3" Business District on Tract 2. Tract 1 consists of the north 1.53 acres out of Lot 7, Block 1, Fallin's Riverside Subdivision and Tract 2 consists of the south 4.47 acres out of Lot 7, Block 1 and the north portion of Lot 5, Fallin's Riverside Subdivision. Both tracts are located at the northeast corner of Callicoate Road and Interstate 37. Mr. Utter informed the Council that thirteen notices of the public hearing were mailed and ten in favor and none in opposition had been returned. He also stated that in addition, a petition was presented by Mr. Jack Graham which contained over 2300 signatures endorsing the change of zoning to allow for the construction of a bowling alley. Mr. utter also stated that the Planning Commission recommends approval but the Planning Staff recommends denial because of the residential development between IH 37 and the river. He stated that the Staff recommends that the zoning be changed to "R-2" on Tract 1 and "A-1" on Tract 2 to allow more residential opportunities for the use of the land. Mr. Larry Wenger, Acting Director of the Planning Department, expressed concern because this area is a very narrow band, most of which is being developed for residential use, and the intersection of Calicoatte Road and IH 37 has a two-way frontage road in front of the tract. He stated that the Staff is Minutes Regular Council Meeting April 7, 1982 Page 12 concerned because a bowling alley is planned to be constructed here and it will have access to this frontage road which they feel will greatly increase the traffic hazards. Mr. Wenger agreed that this would serve a recreation center need but there are other properties in the area that could be used for this purpose as well. He then located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the area, pointing out houses in the area and the frontage road which the Staff feels presents a traffic problem. Mr. J. W. Gary, Attorney representing the applicants, stated that this particular tract has been before the Council and the Planning Commission in the past. He stated that in 1979, there was concern that this would be used for apartment complexes and the City Staff recommended approval of "R-2" zoning for Tract 1 and "B-4" zoning for Tract 2. He stated that at that time, the residents in the area expressed opposition and the 20% rule was in effect which required six affirmative votes of the Council. He pointed out that the actual vote for approval was 5 to 2 which was very close to being approved. He informed the Council that the property owners in the area have not indicated that they are oppposed to the requested change of zoning at this time. He pointed out that although the minutes of the Planning Commission Meeting reflect that this tract is surrounded by "R -1B" zoning, this is not quite true because the freeway extends along one side of the tract. He also informed the Council that at the time the State purchased the right-of-way for the frontage road, they specifically indicated that access, would be permitted at all points from the frontage road and he was of the opinion that if there were a hazard, the State would not have allowed such access. Mr. Gary also questioned the change since 1979 in the Planning Staff' recommendation and pointed out that according to the recommendation of the Planning Staff, there would be 119 apartment units which might be just as much of a traffic problem as the proposed development. Mr. Bill Brunson, one of the applicants, presented to the city Secretary additional petitions containing 41 signatures,eexxpressing approval of the planned bowling alley. He explained that the signatures obtained from the Greater Northwest Area totaled 1700 plus 615 signatures from other nearby areas, totaling 2,215 signatures and with the additional petitions presented today, there were a total 2,364 signatures of people who are in favor of this change of zoning. He stated that the developer originally planned to construct a :es 11ar Council Meeting /April 7, 1982 Page 13 sports complex and the first stage of development would include a bowling alley. Council Member Gulley inquired if the owner plans to develop this in the near future. Mr. Brunson replied that he is the real estate agent for the property but it is his understanding that the applicant plans to begin construction this month or as soon as the zoning problems are worked out. Mayor Jones referred to the petitions and asked about the procedure for obtaining signatures, and Mr. Brunson explained that the petitions were placed in various business firms in the area. Mayor Jones referred to the wording in the petition which mentioned that this was "property in a holding pattern" and noted that in his opinion, this implied that the Council was reluctant to change the zoning in the Calallen-Annaville area. He asked Mr. Brunson for examples of such actions by the City Council. Mr. Brunson stated that zoning on this particular piece of property was denied in 1979. Mayor Jones stated that this statement bothers him because it implies that there is a discriminatory zoning practice by the Council. He expressed the' opinion that it is time that the impression that the Annaville area is the stepchild of the City of Corpus Christi must be disspelled and that it is time that those area residents realize that they are a part of the City of Corpus Christi and are treated in the same fashion as other portions of the City. No one else spoke in regard to this zoning application. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Gulley and passed unanimously. A motion was made by Council Member Gulley that the Council concur with the recommendation of the Planning Commission and approve the zoning as requested for Application No. 382-7; seconded by Council Member Dumphy; and passed by the following vote: Jones, Dumphy, Gulley, and Kennedy voting, "Aye"; Turner and Hawkins, absent from the Council Chamber at the time the vote was taken; Zarsky, absent from this portion of the meeting. Minutes Regular Council Meeting April 7, 1982 Page 14 Mayor Jones again called for petitions or information from the audience on matters not listed on the agenda. Mr. John T. Lavers, Executive Vice President and General Office Manager of Island Properties International, referred to a letter that he had sent to Mayor Jones in regard to to a problem situation regarding certain parcels of land on Padre Island. Mayor Jones confirmed that the letter had been received and the Council had instructed the Staff to prepare an answer to Mr. Lavers' letter. Mr. Lavers continued by stating that there is a problem that has existed for many years. He referred to his letter and stated that Padre Island, Section 16, Blocks 27, 35, 36, 29 and 30 zoned "B-2" plus Padre Island #2, zoned "R -1B", comprised of approximately 175 building lots, are being taxed by the City, County and the Flour Bluff Independent School District. He stated that no sewer exists nor are any planned; some of the lots are in flood zone A or B and the rest in flood zone C; they are less than 15,000 square feet in area; and according to the City's Platting Ordinance, no septic systems or individual sewage treatment plants can be installed. Mr. Lavers stated that he was of the opinion that it is unfair for the City and other entities to levy taxes on property which has been rendered useless and therefore of no real value since there is no way that sewer systems can be provided. He stated that he has been referred to various City Departments and has received no assistance. Mayor Jones assured Mr. Lavers that the Council wants him to be treated the same as every other citizen in Corpus Christi. He stated that the City has not deprived the property owners of the use of their property; they can use their p)operty if they comply with the ordinances of the City; and referred to the solutions mentioned in the letter from Mr. Lavers. He assured Mr. Lavers that the Staff will provide him an answer in writing. Mr. Lavers stated that he was a busy man and had no real interest in these pieces of property and he could not spend any more time with individual City Departments. Mayor Jones stated that Mr. Lavers' first suggestion for a solution was that the City provide sewer service to the property which lies on the east side of Padre Island Drive by installing a sewer line underneath the highway to connect the line which exists on the west side of Padre Island Drive. es k.,Alar Council Meeting April 7, 1982 Page 15 Assistant City Manager Utter provided a further explanation by stating that the two areas in question are Padre Island #1 and Padre Island #2 which is the area around Packery Channel. He stated that there are no sewer laterals and the normal City policy would be if the property owner of that area agrees to pay the cost of the laterals, sewer service can be provided. He stated that the Staff has discussed this; problem with other property owners; most of them do not wish to pay for this and until a majority of the property owners agree to pay for their cost of the lines, there is nothing the City can do. He pointed out that if the Citygoes in and installs sanitary sewers at City expense, this would not be treating this area the same as other areas of the City. He stated that ttie City could only do this if a majority of the property owners agree to pay their cost. Mr. Lavers expressed the opinion that when there is an obvious injustice, the governing body should move to resolve it. He pointed out that at the time the property owners purchased their property, they could have used it, but since the area has been annexed, they are under diffeent laws and now they cannot use the property since they cannot have sewer service and are not allowed to use septic tanks. Mayor Jones stated that the owners certainly can use their property if they are willing to spend their money to construct streets and provide for sewers, etc. He expressed the opinion that he did not feel that the entire City should have to pay for the amenities to develop this property for a particular group. He stated that evidently, Mr. Lavers is requesting that the Council develop this property at City expense so that it can be sold. Mr. Lavers stated that he had been informed by Mr. Utter that eventually, the sewer lines will be installed by the City. Mr. Utter took exception to this statement and informed the Council that what he actually said was that he felt that eventually property owners would begin to develop the property in the area and install sewer lines, following which spurs could be installed to serve other properties in the area. Mayor Jones pointed out that there are only two ways to obtain sewer service -- (1) by the developer spending money for sewers when they develop their land or (2) if this is not done, by a bond issue. Minutes Regular Council Meeting April 7, 1982 Page 16 ' Mr. Martin reminded the Council that they had indicated to the Staff that a letter should be circulated to all of the property owners in that area to determine if they would be willing to sign up to pay for sewer lines. Mr. Utter pointed out that this will take a little time because the Staff will have to determine how much it would cost per front foot for the sewer line before the letters are mailed. Mayor Pro Tem Turner expressed appreciation to Mr. Lavers for coming to the meeting and suggested that possibly he could sell the property. Mr. Lavers stated that he would not sell the property since he knows that it cannot be used or developed at this time. Discussion followed in regard to the requirements before sewer lines can be installed. Mr. Utter stated that the major cost of the sewer line in this particular case would be the expense to go under the highway, and since this cost will be extensive, the Staff will recommend that the entire area be considered at the same time. He suggested that the Staff be allowed to send out the letters to see what kind of response they receive from the property owners. He also noted that it would be possible for the City to install the lines on an assessment basis. Speaking in regard to this matter also was Mrs. Sandy Reidda, who stated that she has constructed 75 houses on Padre Island and pointed out that there is no record of the people who own the property sold by Padre Island Investment Corporation since they refuse to reveal the names of the property owners. She explained that they do not have to provide this information since the property was sold by contract to deed. City Manager Martin stated that the Staff could ask Padre Island Investment Corporation to send the letters to the property owners who have purchased the property under contract to deed. Mrs. Reidda inquired if the prospective purchaser of the particular piece of property under consideration could be allowed to install a septic tank. Council Member Dumphy recalled a case involving the 7 - 11 Store on Padre Island Drive at which time the Council made an exception and allowed them to install a septic tank to provide sewer service until City service is available on that side of Padre Island Drive. lutes _.egular Council Meeting April 7, 1982 Page 17 Mrs. Reidda then suggested that the prospective purchaser be allowed to have sewage in a holding tank. Mayor Jones stated that this could be a discussion item next week to consider the advisability of a holding tank. City Manager Martin noted that there probably is some language in some of our federal grants that might prohibit such a practice. Mr. Hennings stated that the City policy prohibits this but possibly, that policy might need to be changed. He noted that septic tanks and holding tanks are quite similar in nature. Mr. Martin suggested that this matter be on the agenda in two weeks so that the Staff would have time to prepare a study and the Council indicated their concurrence. Mr. Richard M. Dowling, 14146 Bounty, Box 5R, Corpus Christi, stated that he resides on Padre Island and referred to the municipal law regarding annexation. He referred to a copy of a publication that was in the Corpus Christi Caller -Times indicating the intent of the City to annex certain areas and also referred to a memorandum of understanding between the City of Corpus Christi and Padre Island Investment Corporation. He questioned the service plan which was altered by the City after the public hearing was held. Mr. Utter explained that this memorandum of understanding was sent to the City Council informing them of the settlement worked out between the City and Padre Island Investment Corporation. He stated that the memorandum of understanding was not a part of the service plan that was presented during the public hearing, nor was it ever intended to be. Mr. Dowling inquired if an ordinance of annexation actually exists, as well as service plans, stating that he had requested a copy of this from Mr. Utter two months ago but had never received it. Mayor Jones assured him that the ordinance does exist and he can have a copy of it as well as the service plan. He pointed out that this service plan has already been complied with. City Secretary Read assured Mr. Dowling that a copy of the ordinance and service plan would be mailed to him, or if he preferred, he could come upstairs to his office after the meeting and a copy would be provided him. ********** Minutes Regular Council Meeting April 7, 1982 Page 18 City Secretary Read polled the Council for their votes on the ordinances and the following were approved: FIRST READING: ANNEXING THE FOLLOWING TRACT OR PARCEL OF LAND: A 79.59 ACRE TRACT OF LAND OUT OF. LOT 1, SECTION 19, BOHEMIAN COLONY LANDS, AS RECORDED IN VOLUME 46, PAGES 208, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER, ARTICLE I SECTION 2(b); PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy voting, "Aye"; Gulley and Zarsky, absent at the time the vote was taken. FIRST READING: AMENDING THE CORPUS CHRISTI CITY CODE BY AMENDING EXISTING DRILLING BLOCK NUMBERS AND ADDING NEW DRILLING BLOCK NUMBERS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy voting, "Aye"; Gulley and Zarsky, absent at the time the vote was taken. ORDINANCE NO. 16983: AUTHORIZING A CONTRACT WITH CIVIL CONSTRUCTORS, INC. FOR HURRICANE ALLEN DAMAGE REPAIRS TO THE BAYFRONT PARKS AND APPROPRIATING $505,000 FOR SAID REPAIRS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy voting, "Aye"; Gulley and Zarsky, absent at the time the vote was taken. ORDINANCE NO. 16984: APPROPRIATING $1,700 OUT OF THE NO. 245 AIRPORT BOND FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy voting, "Aye"; Gulley and Zarsky, absent at the time the vote was taken. ORDINANCE NO. 16985: AMENDING THE ORDINANCE APPLICBLE TO THE LEXINGTON ESTATES MAHAN ACRES STREET IMPROVEMENT PROJECT TO REFLECT THE LEGAL AND CURRENT INTEREST RATE OF SIX AND ONE HALF (61%) PERCENT PER ANNUM ON UNPAID INSTALLMENTS, WHICH RATE IS THAT SET BY LAW AND CURRENTLY IN EFFECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dunphy, Hawkins, and Kennedy voting, "Aye"; Gulley and Zarsky, absent at the time the vote was taken. ORDINANCE NO. 16986: AUTHORIZING THE PURCHASE OF ONE TWO -TON FORK LIFT, APPROPRIATING $15,740 OUT OF THE NO. 218 TRANSIT BOND FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foreoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, and Kennedy voting, "Aye"; Gulley and Zarsky, absent at the time the vote was taken. • t ular Council Meeting it 7, 1982 rage 19 ORDINANCE NO. 16987: AMENDING SECTION 6-30(e) TO PROHIBIT THE SALE OR DELIVERY OF LIVE CHICKENS, DUCKLINGS, GOSLINGS, OR RABBITS LESS THAN EIGHT WEEKS TO ANY PERSON WITHIN A PERIOD 10 DAYS PRIOR TO EASTER SUNDAY IN QUANTITIES LESS THAN FIVE; PROVIDING FOR PUBLICATION. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy voting, "Aye"; Gulley and Zarsky, absent at the time the vote was taken. ORDINANCE NO. 16988: AMENDING THE 1981-82 BUDGET, AS AMENDED BY AMENDING THE GENERAL FUND BUDGET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinancae passed by the following vote: Jones, Turner, Dunphy, Hawkins and Kennedy voting, "Aye's; Gulley and Zarsky, absent at the time the vote was taken. SECOND READING: REPEALING ORDINANCE NO. 16892 WHICH AUTHORIZED LEASE AGREEMENT WITH BOB AND NITA CARRELL; AUTHORIZING AN AGREEMENT WITH HENNA CHEVROLET,INC. DBA U -SAVE RENT -A -CAR, AT 613 S. SHORELINE, FOR A THREE-YEAR TERM. (First Reading - 3/24/82) The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy voting, "Aye"; Gulley and Zarsky, absent at the time the vote was taken. ORDINANCAE NO. 16989: AMENDING THE ZONING 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 LEE A. KELLY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON 1.624 ACRES OUT OF THE THOMAS GALLAGHER 400 -ACRE SURVEY 402, ABSTRACT 988 SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT 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 and Kennedy voting, "Aye"; Guley and Zarsky, absent at the time the vote was taken. ORDINANCE NO. 16990: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF DR. JOHN B. SOHOCKI AND BILLY D. BRUNSON BY AMENDING THE ZONING MAP WITH REFERENCE TO TRACT 1, CONSISTING OF 1.53 ACRES AND TRACT 2, CONSISTING OF 4.47 ACRES, OUT OF FALLIN'S RIVERSIDE SUBDIVISION, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT ON TRACT 1 AND TO "8-3" BUSINESS DISTRICT ON TRACT 2; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins and Kennedy voting, "Aye"; Turner, abstaining; Gulley and Zarsky, absent at the time the vote was taken. Minutes Regular Council Meeting April 7, 1982 Page 20 There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Hawkins, and passed unanimously, the Regular Council Meeting was adjourned at 5:00 p.m., April 7, 1982.