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HomeMy WebLinkAboutMinutes City Council - 06/02/1982PRESENT: Mayor Luther Jones Council Members: - Jack K. Dumphy Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky ABSENT: Mayor Pro Tem Betty Turner Council Member Bob Gulley MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 2, 1982 2:00 P.M. City Manager Edward Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Jam; Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Jerry Vestal of Southside 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. A motion was made by Council Member Zarsky that the minutes of the Regular Council Meeting of May 19, 1982 and the Special Council Meeting of May 16, 1982 be approved as presented; seconded by Council Member Dumphy; and passed unanimously. *Dr. Charles W. Kennedy arrived at the meeting at 2:08 p.m. * * * * * * * * * * * * * * Mayor Jones presented retirement plaques to the following city employees: EMPLOYEE . DEPARTMENT POSITION YEARS OF SERVICE Norma R. Goehring Library Sr. Clerk -Typist 27 Virginia Blackburn Library Library Assistant II 16 Mayor Jones then administered the Oath to Mr. Richard King, III who is a new appointee to the Industrial Commission. Mayor Jones then recognized Dr. C. L. Blacklock, Corpus Christi Independent School District Youth Services Program. ,Dr. Blacklock expressed appreciation to the Council for the support they MICROFILMED S P19 %94 Minutes Regular Council Meeting June 2, 1982 Page 2 had given'to the youth of Corpus Christi while serving on the CETA board. He informed the Council that employment of youth is in a serious situation at this time and there is a great need for more jobs through the private sector. He stated that he hoped that this would be carried by the news media. He then requested that the City Council support them in a media campaign to encourarge the local businesses to provide additional jobs for the youth of this City. He informed the Council that a Jobs Fair had been conducted by his organization in cooperation with TEC which was very successful in that it provided jobs for some of the youth who are unemployed. He then requested that a resolution be passed by the City Council urging Corpus Christi businesses to provide jobs and suggested that the businesses contact the Youth Services Program at 888-9292. Council Member zarsky inquired about the requirements for potential employers. Dr. Blacklock stated that they would like to have minimum wages paid unless it is a situation *that does not require minimum wage such as maids for households, etc. He assured the Council that his organization helps prepare the youth for their jobs. A motion was made by Council Member Zarsky that a resolution be prepared for passage as requested by Dr. Blacklock; seconded by Council Member Dumphy; and passed unanimously. * * * * * * * * * * * * * * Mayor Jones announced the bid opening on the following engineering project: T.C. Ayers Swimming Pool Return Water Line Replacement. This project provides for the constructin of a new return water line inside the pool to replace the existing line below the pool. Park Department efforts to repair the leaking return water line below the pool have been unsuccessful. A new return line is recommended which would require the abandonment of most of the existing line below the pool structure. The pool cannot be placed in service until the return line problem is corrected. Mr. James K. Lontos, P.E., Assistant City Manager, opened bids on this project from the following companies: B & B Builders, Inc. and Emil Stefek, Contractor. Mr. Lontos pointed out to the Council that 8 & B Builders did not submit a bid bond. Mayor Jones stated that the bids will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the staff for tabulation and recommendation. * * * * * * * * * * * * * * Mayor Jones called for actions of the City Council by motion on the following items: Minutes Regular Council Meeting June 2, 1982 Page 3 1. Plans and specifications for sanitary sewer extensions in a portion of Lake View Acres and in Maui Drive be approved and bids be received on June 30, 1982. The project provides for sanitary sewer extensions in developed areas of the City which have been initiated as a result of petitions from property owners in those areas. 2. A public hearing be held June 23, 1982 on the closure of unused and surplus portions of Riggan, Elizabeth and 19th Streets in the Tracy Addition area. The Tracy Addition Street Improvement project is under construction, and at the paving assessment hearing, it was brought out that surplus right-of-way existed on some of the streets. The staff is recommending that these surplus right-of-way portions be closed with utility easements being retained as required. The largest portion of excess right-of-way exists on 19th Street where a 100 -foot .wide right-of-way currently exists, and only 64 feet is needed. 3. A twelve months supply agreement for approximately 3,000 various size black and galvanized pipe fittings for the Gas Division be awarded based on low bid to PFV Supply of Corpus Christi for $23,173.64. Three bids were received. Prices have increased approximately 1% since the previous contract of May, 1981. 4. Bids be received June 22, 1982 for twelve months supply agreement for 40,000 lbs of pipeline enamel, 110 gallons of primer and 30 12" x 400' rolls of felt for .use by the Gas Division to protect gas pipe from corrosion. 5. Twelve months supply agreements for water treatment chemicals including liquid ferric sulphate, ground ferric sulphate, potassium permanganate and liquid cationic polymer be awarded to the following based on low bids: Arco Performance Chemicals - Houston, Texas Est. 300 Tons Liquid Ferric Sulphate @ $0.07/lb. Total: $ 42,000.00 McKesson'Chemical Co. - Corpus Christi, Texas Est. 460 Tons Ground Ferric Sulphate @ $151.00/Ton Total: $ 69,460.00 Carcus Chemical Co. - La Salle, I11. Est. '80,000 lbs. Potassium Permanganate @ $0.91/lb. Total: $ 72,800.00 Calgon Corporation - Houston, Texas Est. 80,000 lbs. Liquid Cationic Polymer Coagulant @ $0.6041 Total: • $ 48,328.00 Grand Total: $232,588.00 Nine bids were received. Price comparison shows a decrease of 6% on the potassium permanganate and 3% on the cationic polymer. 6. Bids be received June 22, 1982 for furnishing and installing galvanized steel door frames and doors in the basement of the Art Museum of South Texas. The existing steel doors were damaged by Hurricane Allen. The purchase is included in the 1981-82 Revenue Sharing Budget. The steel doors are being replaced with galvanized ones to provide more resistance to corrosion. Minutes \ Regular Council Meeting June 2, 1982 Page 4 7. Nine months supply agreement for gasoline be approved as follows based on low bids: Texas Star, Corpus Christi Gasoline in Transport Deliveries (Minimum 5,000 gal.) Regular: 415,000 gal. @ $0.9385 Unleaded: 325,000 gal. @ $0.9765 Total: $706,840 Subject to Price Adjustment Tideport Petroleum, Inc., Corpus Christi _ Gasoline in Tankwagon Deliveries Regular: 39,950 gal. @ $0.9625 Unleaded: 5,000 gal. @ $1.0005 Total: $ 43,454.37 Subject to Price Adjustment Grand Total: $750,294.37 Seven bids were received. 8. Bids be received June 29, .1982 for the following replacement heavy duty trucks: a. 1 ea.- • 10,000 gross vehicle weight (GVW) cab and chassis for the Wastewater Services and Water Divisions. b. - 10,000 GVW cab and chassis with service body for the Signs and Marking Activity of the Traffic and Transit Department. c. 8 - 20,000 GVW cabs and chassis for the Street Division with 5 with dump bodies. d. 3 - 20,000 GVW cabs and chassis for the Park Division - 2 with'brush bodies and 1 with stake body. • e: 5 - 20,000 GVW cabs and chassis - one for the Wastewater Services and four for the Sanitation Divisions. f. 3 - 23,000 GVW cabs and chassis for the Wastewater Services Division. g. 1 - 23,000 GVW cab and chassis with oil field body for the Gas Division. The specifications provided for alternate bids on gasoline and diesel engines on the 20,000 and 23,000 GVW trucks except for the 4 units for Sanitation. Bids will be solicited for propane and diesel engines on these units. 9. The City Manager be authorized to enter into a membership subscription with Public Technology Inc. on behalf of the City of Corpus Christi. The fee is $6,500 and is included in the 1981-82 budget. Mayor Jones ascertained that none of the Council Members had any questions about the items and that no one in the audience wished to speak on them. A motion was made by Council Member Kennedy that the foregoing items be approved, seconded by Council Member Hawkins and passed unanimously. Mayor Jones called for consideration of actions of the City Council by ordinance, and in particular the new ordinances. Council Member Zarsky stated that he had questions in regard to ordinances "A" and "F". Minutes Regular Council Meeting June 2, 1982 Page 5 A motion was made by Council Member Hawkins that Ordinances "b", "c", "d" and "e" be brought forward at the appropriate time; seconded by Council Member Dumphy; and passed unanimously. In a discussion of Ordinance "a" which authorizes condemnation proceedings " for acquisition of parcels in connection with the Wooldridge -Staples Drainage Outfall Project, Council Member Zarsky asked to see a transparency of the parcels already obtained and those that will require condemnation proceedings. Assistant City Manager Lontos complied with the request and stated that the City must have possession of the property before any work is started. City Attorney Aycock stated that they would be allowed to perform a survey of the property, and Mr. Lontos agreed but stated that they cannot do any actual work until the City has possession of the land. He explained that the Wooldridge -Staples drainage ditch will be an open ditch with the exception of the portion that goes under Airline Road. Council Member Zarsky commented that this will open up the area east 'of Holly Road for development. Mr. Lontos agreed and reminded the Council that there's another item on the agenda today related to this which is a public hearing pertaining to an amendment to the Master Drainage Plan. Council Member Zarsky referred to Ordinance "f" which provides for closing West Elliff Street and asked for the display of a map of this street. Mr. Lantos pointed out the location on a small map. Mayor Jones then called for consideration of the second and third reading ordinances. Mr. Hawkins referred to Ordinance "a" which is the second reading amending a section of the Platting Ordinance and asked to see the Ordinance. City Manager Martin explained that the essence of this amendment to the Platting Ordinance is to eliminate unneeded sidewalks in industrial subdivisions and the ordinance specifies the types of streets that would be required in such subdivisions' as follows: Thru streets or collector streets must have sidewalks as will thru streets within the subdivision and perimeter streets. He explained that the ordinance was revised to comply with the Council's desires. Mayor Jones noted that the Council has waived the sidewalk requirements in industrial subdivisions many times. Mr. Lontos stated that actually there were very few waivers granted and mentioned a few of the subdivisions in which the requirement for sidewalks had Minutes Regular Council Meeting June 2, 1982 Page 6 been waived. Council Member Zarsky expressed the opinion that this is a good ordinance that will help developers know exactly the types of situations which will require sidewalks in an industrial subdivision. Council Member Zarsky referred to the third reading of Ordinance "c" which amends a surface lease at the Laguna Madre Wastewater Plant site. He inquired if this is a continuation of a lease. Mr. Bill Hennings, Assistant City Manager, replied that it is a continuation and extension of a lease. He noted that this is on city property under the Laguna Madre Wastewater Plant site. A motion was made by Council Member Hawkins that Ordinances "a" and "f" under new ordinances and Ordinances "a", "b" and "c" under the second and third reading ordinances be brought forward at the appropriate time. The motion was seconded by Council Member Kennedy and passed unanimously. Mayor Jones announced the public hearings on three zoning applications. Mr. Tom Utter, Assistant City Manager, announced the public hearing on Application No. 482-9, Mr.,Ismael C. Salazar, for change of zoning from "R-lB" One -family Dwelling District with "SP" Special Permit to "B-4" General Business District on Lot 50, Block 3, Lexington Subdivision, located on the north side of Sacky Drive approximately 388' east of Ayers Street. Mr. Utter noted that both the Planning Commission and Planning Staff recommend denial. He noted that 23 notices of the public hearing had been mailed to property owners, 1 in favor and 3 in opposition had been returned. Mr. Utter stated that the 20% rule is in effect which will require six votes to approve the zoning. Mr. Larry Wenger, Acting Director of the Planning Department, located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the area. He stated that this piece of property has a special permit at this time which was approved on June 23, 1976 for a contractor's office on the site which was previously a residential structure. He explained that the owner of the property had obtained a permit to construct a single family dwelling with an attached garage at the same location, whereas the actual building is obviously a commercial structure. He explained that the application for change of zoning is to correct a violation created by the owner of this property. He informed the Council that the applicant did not build a Minutes Regular Council Meeting June 2, 1982 Page 7 single family dwelling as the permit issued on September 21, 1981 indicated would be done and a commercial building was actually constructed. He referred to the slide on it and pointed out that the property does have a warehouse type structure built adjacent to the existing office. Council Member Zarsky stated that there are a number of residences that have been converted to office buildings. Mayor Jones inquired if. the Council supports this recommendation of the staff and the Planning Commission what the consequences would be as far as the applicant is concerned. He inquired if he would have to destroy the building. Mr. Wenger. stated that it could be converted back into a residence. He pointed .out that a special permit would not solve the problem because the structure only has a 5' setback whereas a 10' setback would be required. No one appeared on behalf of the applicant. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. Mr. Utter explained to the Council that if they deny this application, the owner will either have to convert it back to a single family dwelling or remove the structure. He pointed out that even if "B-4" zoning were granted, it would still not meet the Code because of the setback. A motion was made by Council Member Kennedy that Application No. 482-9 be denied as recommended by the City staff and the Planning Commission; seconded by Council Member Zarsky; and passed by the following vote: Jones, Dunphy, Kennedy and Zarsky voting "aye"; Hawkins absent from the Council Chamber at the time the vote was taken. An, unidentified gentlemen in the audience inquired if the applicant, Mr. Salazar, had been notified of this public hearing. Mr. Utter checked the file on this application and verified that Mr. Salazar was notified of the public hearing by mail and had responded to it. • * • • * • • * * • * * • * Mr. Utter announced the public hearing on Application No. 482-10 and 482-11T, Mr. Ismael C. Salazar. Mr. Utter explained that this is actual two requests (1) 482-10 to change the zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on a 4.53 acre tract out of the east one-half of Lot 3, Block 2, Nueces River Irrigation Park, located on the south side of FM 624 approximately 1200' west of the intersection of River Hill Drive and FM 624 and (2) Application No. 482-11T was a request to amend Article 31, Minutes Regular Council Meeting June 2, 1982 Page 8 Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection setting forth a zoning classification of "3-4" General Business District on a 15.34 acre tract out of the east one-half of Lot 3, Block 2, Nueces River Irrigation Park located approximately 350' south of the south right-of-way of FM 624 and 2,200' west of County Road 69 when annexed to the City. Mr. Utter stated that 7 notices of the public hearing were mailed to property owners, two in favor and none in opposition had been returned. He informed the Council that the Planning Commission and the Planning Staff recommend approval of Application No. 482-10 and denial of the request on Application No. 482-11T and in lieu thereof, the north 245 be approved for "8-4" General Business District, the middle 525' for "A-1" Apartment House District and the rear 400' for "R-2" Multiple Dwelling District. 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 applicant plans to develop retail stores and possibly apartments. He explained the recommended zoning which would allow for "R-2" zoning adjacent to the residential single family development. He stated that the staff recommended a slightly different area for the "A-1" zoning, but they concurred with the recommendation of the Planning Commission. Mr. Wenger noted that access could be by private road through the entire tract, but if the owner subdivides, he would be required to construct a public street. Mayor Jones called for comments from the audience. Mr. Bob Gunter, representing Mr. Salazar, stated that he concurs with the staff recommendation. No one else spoke in regard to this zoning case. A motion was made by Council Member Zarsky that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Council Member Zarsky that the zoning on Application No. 482-10 be changed to "B-4" and that the requested zoning on Application No. 482-11T be denied but in lieu thereof that the zoning as recommended by the Planning Commission be granted; seconded by Council Member Hawkins; and passed unanimously. Minutes Regular Council Meeting June 2, 1982 Page 9 Mr. Utter announced the public hearing on Application No. 482-12, Mr. Winston Cooper, Jr., for change of zoning from "B-3" Business District to "R-2" Multiple Dwelling District on Lot 1, Block 2, Flour Bluff Gardens Unit 2, located on the southeast corner of Waldron and DonPatricio Roads. Mr. Utter informed the Council that Mr. Cooper has requested that this application be withdrawn since he plans to submit an application at a later date for a more intense zoning classification. The Council indicated their concurrence with this request. * * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following street closing: 2. Closing of Caribbean Drive from Roscher Drive to the Cayo del Oso. This 40' wide unimproved street was dedicated before 1900. A previous street closure hearing was held on this portion of Caribbean Drive in September, 1979 but the request was denied as the street provided access to Oso Bay. Previous policy has been not to close streets that ,lead to water in order to preserve the view and provide access to the bays. For this reason, closure of the street is not recommended. Assistant City Manager Lontos displayed a map of the street and informed the Council that this street was dedicated as a part of Encinal Farm and Garden Tracts in 1909; it has not been opened as a road; but at the time a public hearing was held in 1979 on a request to close the street, several residents indicated that it was used by people going fishing in the Oso. He stated that the request to close the street was denied at that time because it does provide access to the water and Oso Bay. Mr. Lontos stated that Mr. Celso Gonzalez was one of the parties who requested the street closing and at that time, the Council indicated that at the time this particular land was developed if a park dedication was required, it could be located at the end of Caribbean Drive. Mayor -Jones called on the applicant to speak. Mr. Wayne Bishop, 3706 Locke Lane, stated that he is the owner of the tract to the north which comprises approximately 30 acres and he owns additional property of about 40 acres. He stated that he wanted the street closed because he intends to develop the tract in five acre lots and he will be required to extend Roscher Street all the way to the Oso. He pointed out that Caribbean ' Drive only goes to the water and does not really go anywhere else, pointing out that at this portion of the Oso, the water is only a few inches deep. Mr. Bishop expressed the opinion that if this street remains open, the end of it will just be a place where marijuana smokers, etc. would congregate. He noted that several departments have indicated no objection to closing this street. He Minutes Regular Council Meeting June 2, 1982 Page 10 stated that since he is planning five acre tracts, no park dedication would be required. Council Member Zarsky inquired if this land was not under the flight pattern of the Naval Air Station, and Mr. Bishop stated that it is not indicated that way in the AZCUZ Study. Mr. Zarsky then inquired if a park dedication would be required if one acre tracts are developed, and Mr. Bishop replied in the affirmative. Mayor Jones inquired if the street to the Oso is used, and Mr. Bishop replied that the did not see how it could provide access because it is overgrown with brush and weeds. Also speaking in favor of the street closing was Mr. Byron Gierhart who stated that he is the developer of Roscher Estates and he is the one who attempted to have this street closed in 1979. He informed the Council that there is no foot or vehicle traffic on this street. He located the property that he owns on the map and explained to the Council that all of the lots are in excess of one acre and at the time he developed Roscher Estates, he was permitted to pay cash in lieu of park dedication. Mr. Gierhart continued by stating that at this time he and residents of Roscher Estates, even though they are in the city limits, have to provide their own maintenance on the lots because it is not well served by the City. He explained that a lot of debris and construction materials are dumped in this area and they have to clean the vacant lots. Mr. Tim Wells, 2145 Whispering Oak, President of the Homeowners Association for Roscher Estates, stated that he was speaking on behalf of 26 property owners who are concerned with the beauty of the area. He stated that they have a large investment in their lots and at this time they have a problem with trash including the dumping of truck loads in their area. He informed the Council that Mr. Gierhart continually must pick up trash in the area to keep it clean. He mentioned other problems with the existence of Caribbean Street, noting that it attracts undesirable elements to the area and the property owners are concerned about vandalism that exists in the area of the street. Mr. Charles Shafner stated that he had just purchased Lot 9; they have access to their property; and if Caribbean were opened and developed, it would present a problem with security. He urged that the street be closed. Mr. Bruce Hoffman agreed that he would also like to have Caribbean Drive closed since it would receive very little use and would encourage vandalism. Minutes Regular Council Meeting June 2, 1982 Page 11 Mr. Harold Shearer stated that he had performed the survey and engineering for Roscher Subdivision and for Mr. Bishop. He stated that he also owns a house in the area and urged that the street be closed. Also speaking in favor of the closing was Mrs. Barbara Lampert. She expressed concern about the vandalism in the area also and stated that the area encouraged the use of drugs since it is very hard to enforce the law in an isolated area. She pointed out that access to the water is already in existence and noted that the Laguna Madre is a large body of water and access is available to it. She expressed the opinion that if the street is opened and developed, it would allow burglars to reach the area and clandestine activities would occur. She also questioned whether this is a good 'area for a park since the land is heavily covered with brush and would be very difficult to maintain. She urged that the street be closed so that the owners can continue to keep the area clean. Council Member Hawkins inquired if the street is closed, if the property would be awarded to the adjacent property owners, and Mayor Jones stated that this is the usual procedure. Assistant City Manager Lontos pointed out that there may be a need in the future to get maintenance equipment to the area and asked if the owners would dedicate a 40' right-of-way as part of the streets in the proposed subdivision. Mr. Bishop explained that he will not have interior streets in his subdivision. No one else spoke in regard to this street closing. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. Council Member Zarsky referred to Mr. Lontos' statement that the City might need to have access to the Oso and inquired about the reason for this. Mr. Lontos stated that as an example, along Ocean Drive several streets were extended all the way to the Bay to provide a view of or access to the Bay. He explained that in some cases, as an area develops, this type of dedication may be needed for drainage. He pointed out that there is no way to predict what will be needed in the future. Council Member Hawkins inquired if an easement right for utilities and drainage could be retained by the City if the Council agrees to close the street. He also inquired if this went before the Planning Commission, and Mr. Minutes Regular Council Meeting June 2, 1982 Page 12 Lontos replied that it does not require a hearing by the Planning Commission if it is not on the Master Plan. A motion was made by Council Member Zarsky that Caribbean Drive.be closed subject to the retention of the 40' area for drainage and utility easements; seconded by Council Member Dumphy. Mayor Jones expressed the opinion that approval of this motion to close the street would be a disservice to the citizens of the City since there is no way to know in advance what will be needed in the future. He pointed out that once this street is closed it cannot be reopened. Council Member Hawkins also indicated that it would be difficult for him to vote to close a street when there is no way to predict what will happen in the future in an area such as this which is largely undeveloped. He pointed out that if there is a crime problem, this should be controlled by the police. Council Member Kennedy pointed out that in 1979, the Council did not know what was going to happen in this area but they do know that it is now going to be developed with five acre lots which will require no park land dedication. Mayor Jones called for the vote on the motion and it passed as follows: Dumphy, Kennedy and Zarsky voting "Aye"; Jones and Hawkins voting "No"; Turner and Gulley absent. City Secretary Read stated that the motion passed but the ordinance cannot be passed unless there are four affirmative votes. * * * * * * * * * * * * * * Mayor Jones called for the public hearing on the following matter: Amendment to the Master Drainage Plan for the Wooldridge -Staples drainage channel. The change would widen the channel by 4' and deepen it by approximately 18" to permit draining all of a 163 -acre tract to the Wooldridge -staples channel in lieu of draining only two-thirds of the tract as is currently indicated on the plan. Assistant City Manager Lontos displayed a map of the area and pointed out the location of South Staples Street, Airline Road and Saratoga Boulevard. He explained that two-thirds of this tract is currently scheduled to drain to the Wooldridge -Staples drainage channel. He stated that the owner of a church has requested this change. Mr. Lontos explained that his staff has examined this from an engineering standpoint in connection with the 50 acres which would require that the ditch be deepened and widened in order to take care of the entire 163 acre tract. He informed the Council that the owners of the tract have agreed to pay $40,000 for the required deepening and widening of the Wooldridge -Staples ditch and the staff recommends that the change be made. Minutes Regular Council Meeting June 2, 1982 Page 13 Council Member Kennedy asked about the time frame for the change in the ditch, and Mr. Lontos replied as soon as the land is acquired, the plans for the ditch would be before the Council. - Council Member Zarsky inquired about the ownership of this tract, and Mr. Lontos replied that it was Clower & Allen, Developers. There were no comments from the audience on this matter. A motion was made by Council Member Zarsky that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Council Member Zarsky that the staff recommendation be approved and this amendment to the Master Drainage Plan be adopted; seconded by Council Member Kennedy and passed unanimously. Mayor Jones announced consideration of pending items as follows: Mr.' Roy Lay from "R -1B" One -family Dwelling District with a "SP" Special Permit to "A-2" Apartment House District on Lots 9 through 13, Block 14, Flour Bluff Park located on the east side of Redmond Street approximately 600' north of Padre Island Drive. A public hearing was held on this application on April 21, 1982 and action on the case was delayed for up to 45 days pending receipt of recommendations to implement the AICUZ study. It is recommended that action on the case be' delayed for up to another 411 months pending approval of recommendations on the AICUZ study. ' A motion was made by Council Member Hawkins to delay action on this case for up to'412 months until recommendations are prepared on the AICUZ Study; seconded by Council Member Kennedy; and passed unanimously. Council Member Kennedy inquired as to when the AICUZ Study will be considered by the Council. Assistant City Manager Utter explained that the Planning Commission considered this matter the preceding evening and they hope to have a recommendation from the Planning Commission within the next 60 days. * * * * * * * * * * * * * * There were no comments,fromt the Council on the ordinances; City Secretary Read polled the Council for their votes and the following ordinances were passed: SECOND READING: AMENDING PLATTING ORDINANCE 4168 BY AMENDING SECTION V, REQUIRED IMPROVEMENTS, SUBSECTION B, MINIMUM STANDARDS, PARAGRAPH 3, SIDEWALKS. The above ordinance was read for the second time and passed to its third reading by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting "aye"; Turner and Gulley "absent." Minutes Regular Council Meeting June 2, 1982 Page 14 SECOND READING: EXTENDING AND AMENDING THE FRANCHISE GRANTED BY ORDINANCE NO. 13816 PASSED ON JULY 6, 1977 TO MR. ELI ABRAMS, DBA COURTESY ADVERTISING COMPANY, FOR AN ADDITIONAL PERIOD OF 5 YEARS. UPON SAME TERMS EXCEPT DELETING THE LIMITATION ON THE NUMBER OF BENCHES. ' The above ordinance was read for the second time and passed to its third reading by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting "aye"; Turner and Gulley "absent." ORDINANCE NO. 17061: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: KENTNER STREET, FROM PALMETTO STREET TO CLAREMORE STREET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting "Aye"; Turner and Gulley "absent." ORDINANCE NO. 17062: 'APPROVING THE WRITTEN STATEMENT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: KENTNER STREET, FROM PALMETTO STREET TO CLAREMORE STREET; DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL FOR JUNE 30, 1982, AT 3:00 P.M. IN THE CITY COUNCIL CHAMBERS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting "Aye"; Turner and Gulley "absent." ORDINANCE NO. 17063: AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE TITLE TO A CERTAIN TRACT OF LAND OWNED BY CARMEN VILLARREAL, SAID CONDEMNATION BEING NECESSARY FOR THE WOOLDRIDGE-STAPLES DRAINAGE OUTFALL PROJECT, AND AUTHORIZING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE PARCELS 19, 20, 21, 22 AND 23 FOR THE SAID PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting "Aye"; Turner and Gulley "absent." ORDINANCE NO. 17064: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH KING CONSTRUCTION COMPANY FOR RECONSTRUCTION OF KENTNER STREET AND APPROPRIATING $40,000 FOR SAID PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting "Aye"; Turner and Gulley "absent." ORDINANCE NO. 17065: CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREET: HORNE ROAD, FROM COLUMBIA STREET TO OLD BROWNSVILLE ROAD FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting "Aye"; Turner and Gulley "absent." Minutes Regular Council Meeting June 2, 1982 ' Page 15 - ORDINANCE NO. 17066: CLOSING AND ABANDONING THE 20 -FOOT ALLEYS IN BLOCKS 12 AND 13, ALL OF WEST ELLIFF STREET FROM AVENUE C TO AVENUE B, AND ALL OF AVENUE B FROM WEST ELLIFF STREET TO WEST BUCKHORN STREET, ALL PROPERTIES IN CALALLEN TOWNSITE SUBDIVISION AS SHOWN BY PLAT IN VOLUME 1, PAGE 44, NUECES COUNTY MAP RECORDS, SAID CLOSURES BEING SUBJECT TO CONDITIONS MORE FULLY SET FORTH HEREINAFTER; AMENDING ORDINANCE NO. 9808 PERTAINING TO CLOSURE OF AVENUE B; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting "Aye"; Turner and Gulley "absent." THIRD READING -ORDINANCE NO. 17067: AUTHORIZING EXECUTION OF AMENDMENT TO SURFACE LEASE FOR A 2.07 ACRE DRILL SITE ON LOT 13, SECTION 56, FLOUR BLUFF AND ENC/NAL FARM AND GARDEN TRACTS WITH EXXON CORPORATION AND SUN OIL COMPANY. The above'ordinance was read for the third time and passed by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting "Aye"; Turner and Gulley "absent." ORDINANCE NO. 17068: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ISMAEL C. SALAZAR BY CHANGING ,THE ZONING MAP IN REFERENCE TO 4.53 ACRE TRACT OUT OF THE EAST 13 OF LOT 3, BLOCK ,2, NUECES RIVER IRRIGATION PARK FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "8-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting "Aye"; Turner and Gulley "absent." RESOLUTION NO. 17069: URGING CORPUS CHRISTI BUSINESSES, BOTH LARGE AND SMALL, TO MAKE ADDITIONAL SUMMER JOBS AVAILABLE FOR YOUTH, AND THAT THEY CONTACT THE YOUTH SERVICE PROGRAM, AT 888-9292, FOR REFERRALS. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting "Aye"; Turner and Gulley "absent." * * * * * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Eugene Boles, 4602 McGregor Street, spoke on behalf of Pro Life, Inc. He related abortion to the citizens who had died defending this country. He pointed out that babies who are the victims of abortion do not even have a chance to live or to die for their country. He pointed out the serious decrease in the population which partly contributes to the decreasing economy. He expressed the opinion that eventually there will not be enough citizens to defend this country and quoted an article by Mother Teresa expressing opposition to abortion. He noted that at this time there is some question as to whether a fetus is a human being or not, but he was of the opinion that there is life from the beginning. Council Member Zarsky inquired if abortion is allowed in Russia. Minutes Regular Council Meeting June 2, 1982 Page 16 Mr. Boles stated that they did allow it in the past but they have changed their policy since they realize it would weaken their country. He expressed the opinion that if abortion continues in the United States, other countries will have the manpower to take over this country. Mr.• Bob Nickens, 610 DeForrest, also speaking on the same subject, expressed support of Council Member Zarsky's statement in regard to right to life. He requested that the Council pass a resolution to the effect that the City supports the right to life. He pointed out that if citizens refused to' recognize the right to life, how long it would be before undesirable and non=producing citizens of this country are also eliminated. He stated that he was of the opinion that it is time for some legal body to proclaim the right to life. Speaking on another matter was Mr. Gebrge Findley, representing the Coastal Bend Alcoholism Rehabilitation Center. He stated that the purpose of his appearance was to make a specific request for funds to be included in the City's 1982-83 budget to continue the operation of a detoxification center for alcoholics. He explained the operation of several of their facilities, which are primarily located on Country Club Place, and their existing funding. 'He stated, however, that the detoxification center needs funds for expenses of operation. He explained that they have a grant at this time from the Texas Commission on Alcoholism in the amount of $31,837; their expenses are projected to be $65,000 for this fiscal year; their deficit will be $33,278; and noted that the cost for such services at Memorial Medical Center is $127 per day. He stated that tax dollars will be saved and their clients will become contributing, taxpaying citizens of the community. He summarized by stating that they would like to have funding for the months of June and July for a total amount of $10,853 and they would like to request that $44,131 be allocated from the City's 1982-83 budget. He again stated that this center actually saves the City money. Council Member Zarsky stated that he has always supported this program and he would continue to do so but he questioned whether this assistance should be obtained from the Hospital District since they are the entity that would benefit most. Mayor Jones stated that the citizens pay county taxes which do actually support the hospital. Mayor Jones stated that this should be one of the items to be considered during the budget hearings. Minutes Regular Council Meeting June 2, 1982 Page 17 Council Member Zarsky suggested that in the meantime Mr. Findley contact the Hospital District in an attempt to obtain some funds from that source, and Mr. Findley agreed to do so. Council Member Hawkins inquired about the percentage of the clients who are actually from the City of Corpus Christi, and Mr. Findley replied that he did not have those figures. Mr. Hawkins continued by pointing out that very often the City is asked to support facilities that actually serve other cities in the County as well. He also explained the shortage of funds that the City will have in the next fiscal year. Mayor Jones stated that he would like to have figures as to the estimated savings.that would be effected by the use of the detoxification center, and Mr. Hawkins asked for the percentage of clients who are from Corpus Christi and the percentage from Robstown or some other communities. Dr. James McCutchon, 241 Chandler Street, spoke on behalf of Mr. Zarsky's resolution in favor of right to life. He stated that he realized the Council hesitated to become involved in this matter because of the political aspect in that the Council cannot please everyone. He pointed out, however, that the subject pertains to a living human being, even though the Supreme Court has ruled that an unborn person is not a legal person, but he believed that an unborn child is a human being. He urged that the Council vote in favor of the resolution. Council Member Zarsky reminded the Council that this issue surfaced when three fetuses where found at the city dump and he asked Dr. MrCutchon if he could determine whether those fetuses were voided naturally or unnaturally. Dr. McCutchon stated that he did not know, but he found it curious that three were found at one location. Dr. McCutchon continued by pointing out that it is the function of this Council to protect the innocent people, and an unborn child is certainly an innocent person. Mayor Jones inquired of Dr. McCutchon if he felt that the Council should take a stand on capital punishment. Dr. McCutchon pointed out that the victim of capital punishment has committed a crime against society whereas the unborn child has not. Council Member Hawkins stated that he hesitates to vote on an issue involving morals since he is a City Council Member. Council Member Kennedy stated that he agreed with everything Dr.IMcCutchon had said but questioned what effect such a resolution from the City Council 'Minutes Regular Council Meeting June 2, 1982 Page 18 would have on the law. He pointed out that the Council does not have the power to pass a law to prevent abortion. Dr. McCutchon expressed the opinion that the City can start a grassroots movement for pro life and urged them to do so. Council Member Zarsky requested that Dr. McCutchon describe the different methods of abortion at different stages in the life of a fetus. Mayor Jones that this would be completely out of order and that he felt that a debate on this subject is inappropriate unless four Council Members ask that it be continued. He expressed the opinion that if it is an agenda item, that would be different, but he objected to this Council meeting being turned into,a debate on this subject. Ms. Amy Werman also addressed the same issue referring in particular the question of morality, stating that all laws are moral laws. She referred to the question of whether or not this is the business of the Council and expressed the opinion that it is, noting that resolutions of this nature have been passed by various states and cities when they expressed opposition to slavery many, many years ago. At Mr. Zarsky's request, Ms. Werman explained the different methods by which abortions are performed at various stages of the development of a fetus. Ms. Emma Harley expressed support of the human rights resolution, stating that the right to life is the most precious thing that one can possess and urged the Council to pass the resolution. Also expressing support of this resolution was Mrs. Marion Hendricks, 6560 Old Brownsville Road. Mrs. Hendricks expressed the opinion that human life is very important as is Corpus Christi very important. She urged that a resolution be passed to the effect that the Council supports the right to life. She then compared abortion to a battered child. Mrs. Maria Ramos, 338 Shawnee, urged also that the Council pass a resolution supporting the right to life. She noted that they previously passed laws to protect animals and dogs and urged that the Council do what they could to protect the unborn children. Mrs. Ramos also pointed out the dangers in allowing the killing of citizens because it could lead to the extermination of the elderly and handicapped, as well as unborn children. There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Council Member Zarsky, and passed unanimously, the Regular Council Meeting was adjourned at 5:05 p.m., June 2, 1982.