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HomeMy WebLinkAboutMinutes City Council - 07/28/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 28, 1982 2:40 P.M. PRESENT: Mayor Luther Jones - Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley * Herbert L. Hawkins Dr. Charles W. Kennedy Cliff Zarsky City Manager Edward Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read � P Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend Justin Jones of Jackson Woods Presbyterian Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Charles Kennedy. 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 July 7, 1982 and the Special Council Meeting of July 14, 1982 be approved as presented; seconded by Council Member Dumphy; and passed unanimously. ********** Mayor Jones recognized Mr: Harry Plomarity, General Chairman of the Sister City Committee. * Council Member Hawkins arrived at the meeting at 3:00 p.m. Mr. Plomarity addressed the Council and introduced Mr. H. C. Tijerina, Chairman to Tampico, Mexico Sister City and Mrs. James R. Harris, Chairman, Yokosuka, Japan Sister City and the exchange students from our Sister Cities of Yokosuka, Japan and .Tampico, Mexico, who are visiting the City of Corpus Christi under the auspices of the Sister City Committee's Exchange Program. m1CROFIEMi® SSP 1 9 1984 Minutes Regular Council Meeting July 28, 1982 Page 2 One of the students from Tampico, Mexico expressed appreciation for the hospitality extended to them as did one of the students from Yokosuka, Japan. Mayor Jones expressed the Council's appreciation to the chairmen and commended the host families for inviting the exchange students to stay in their homes. ******,.*** Mayor Jones presented retirement plaques to the following City employees: EMPLOYEE: DEPARTMENT: POSI I ION: YEARS OF SERVICE Arthur W. Thorpe Public Utilities Utilities Serviceman 10 Harold Zick Finance Director of Finance 26 Also eligible to receive a retirement plaque but unable to be present was Mr. Julian Prious, Jr., Inspector 11 with the Inspections & Operations Depart- ment, for 14 years of service. ********** Mayor Jones then administered the oath to the following new appointees to Boards and Committees: Mrs. Martha Medina, appointed to the Landmark Commission; Mr. Todd A. Hunter, appointed to the Civil Service Board; Mr. C. T, Garza, appointed to the Building Code Board of Appeals; and Mr. Leonard McEnnis, Jr., appointed to the Traffic Safety Advisory Board. ********** Mayor Jones called for Board and Committee appointments and reviewed those discussed during the morning Workshop Meeting. A, motion was made by Council Member Zarsky that the following appointments be confirmed, seconded by Mayor Pro Tem Turner, and passed unanimously: FOOD SERVICES ADVISORY BOARD: Mrs. Mary Lynn Guinn TERM TO EXPIRE: 6-24-85 CABLE COMMUNICATIONS COMMISSION: Rick Mertz (Local Government) Charles C. Irby (Higher Education) CHAIRMAN Dr. Louise Littleton (Education) Dr. John Etheridge (Religious) Mr. Harry Williams (Community -at -large) Mr. Norberto Viamonte (Community -at -large) Mrs. Mary Wyatt (Community -at -large) 7/84 7/85 7/85 7/83 7/83 7/83 7/84 Regular Cour cil Meeting July 28, 1982 Page 3 PLANNING COMMISSION: TERM TO EXPIRE: Mr. Wayne Bishop Mr. Leo Guerrero Mr. Jim Howry 7-31-85 7-31-85 7-31-85 ********** • Mayor Jones announced the consideration of Actions of the City Council by Motion on the following items: 1. A public hearing be held on August 18, 1982, to discuss a request to close a 40 foot wide, 700 foot long strip of land adjacent to Lot IR, Cormar Industrial Tract. The strip was dedicated in 1962 for public use and is located between the Cormar Tract and the west side of the Airport Drainage Ditch immediately south of Padre Island Drive. Central Power & Light company maintains a 138 KV line inside the 40 foot strip which was originally dedicated for utility purposes, maintenance purposes, and for future street construction. As the Urban Transportation Plan provides for a future street in this area, and as the strip is further determined necessary for maintenance purposes for the Airport Drainage Ditch, the staff recommends that the 40 foot strip not be closed. 2. Rejecting the bids received April 21, 1982 for the Wooldridge Road Sanitary Sewer Line. 3. Item L.3 on the July 21, 1982, City Council agenda be corrected to indicate that final payment to Sprinkler King of Texas be made in the amount of $58,658.40 in lieu of $101,808.90. The item pertains to the Oso Municipal Golf Course Irrigation System. The error was made due to the fact that the previous payment was not deducted from the final estimate. 4. The request of the developer of St. Clair Industrial Park, Lots 1 and 2, Block 3, to defer the requested drainage improvements, be denied. This matter was previously discussed with the City Council on March 10, 1982 and on June 9, 1982. At the latter meeting, the developers were requested to determine whether or not underground storm sewer could be installed rather than a drainage swale. The City has been advised that the owners have no intention of installing underground storm sewer at this time. The Staff feels that the deferment agreement is contrary to orderly development as provided for in the Platting Ordinance, sets a poor precedent, and an open ditch which stands water and harbors and breeds mosquitores, is detrimental to the public health and welfare. 5. The T. C. Ayers Pool Return Water Line Replacement Project be accepted and final payment of $9,172.95 for a total of $15,711 be made to Stefek Construction Company. A three day extension of time is recommended for additional expansion joint and sealing work authorized by change order. A new water return line was constructed under and inside the perimeter of the pool. 6. The Bill Witt Park Softball Complex be accepted and final payment of $3,790.01 for a total of $554,982 be made to Moore Golf, Inc. A retainage of $3,318 is recommended to cover the delivery and install- ation of toilet stalls and accessories in the concession building not yet completed. This project included construction of a lighted, four field, softball . complex complete with irrigation system, concession stand, press boxes, bleachers, etc., in Bill Witt Park at the former Rodd Field Air Station site. The project was funded jointly by the City's 1977 bonds and a 50% grant form the Texas Parks & Wildlife Department. * This item was changed -- See page 6. Minutes Regular Council Meeting ,July 28, 1982 Page 4 7. A twelve months supply agreement for 40,000 lbs. of Pipeline Enamel, 110 gallons of Primer, and 30 12"x400' rolls of Felt to be used by Gas Division to protect pipe from corrosion be awarded to Armor Cote corporation, Odessa, Texas for $12,341 based on low bid. Two bids were received. Prices have increased approximately 6% since the previous contract of July 1981. 8. Bids be received August 10, 1982 for an estimated three months supply of approximately 34,000' of copper pipe used by Water and Gas Divisions. Bids are not solicited for a longer period of time because the price of copper fluctuates frequently. 9. Bids be received August 17, 1982 for a twelve months supply agreement for 2515 meter boxes and lids, 800 extensions, 1095 valve box lids, 200 manhole rings and covers and 10 grates and frames to be used by the Water, Gas, Street and Wastewater Divisions. 10. The agreement between the City and the Westside Business Association (approved April 14, 1982) be amended to provide the following: a) a one year extension be granted for the date of project completion from October 31, 1983 to October 31, 1984, and b) reimbursement of funds be made directly to the Westside Business Association for the services of the contract sculptor, Dr. Sherman Coleman, on a reimbursement basis as the statue is constructed. 11. Approving and accepting the funding agreement of $4,653,000 offered by the Department of Housing and Urban Development for the 8th Year Community Development Block Grant Program and authorizing the execution of all documents related thereto. 12. Two replacement 60 horsepower tractors with front end loaders for the Park Division be purchased on low bid from Gulf Tractor Company, Corpus Christi for $29,076.00. This equipment is included in the 1981-82 Budget and is used for mowing and park maintenance. Nine and seven year old tractors will be replaced. Six bids were received. 13. Authorizing the City Manager to execute a contract with the Texas Department of Health to continue the special supplementary food program for women, infants and children during the year October 1, 1982, through September 30, 1982. * 14. The month-to-month extension of the lease with Mr. Bob Bonner for the Intracoastal Cafe tract on the Kennedy Causeway be terminated on August 31, 1982, and proposals be requested from the public by August 31, 1982, for a new lease of this tract. 15. A 5 ton wrecker with 10,000 Ib. GVW cab and chassis for the Police Department be purchased from Commercial Body Corporation of San Antonio on the basis of the only bid received for $17,770. The equipment is included in the 1981-82 Revenue Sharing Budget and will replace a wrecker currently being leased. The wrecker is used to transfer unclaimed vehicles from the short-term pound to the long-term pound. 16. Twelve months supply agreements for steel pipe for the Gas Division be approved on the basis of low bid as follows: Consolidated Pipe & Supply, Houston, Texas 42,566' of 1" pipe, coated and wrapped $ 34,568 This item was withdrawn - - See Page 7. • Minutes Regular Council Meeting July 28, 1982 Page 5 L.B. Foster, 82,620' of 2" 5,/20' of 4" 16,440' of 6" Houston, Texas pipe, coated and wrapped pipe, coated and wrapped pipe, coated and wrapped $114,841 14,814 62,472 Sub Total $192,127 Alloys of Texas, Corpus Christi, Texas 1,760' of 12" pipe, coated and wrapped 6,000' of 14" pipe $ 19,113 74,700 Sub Total $ 93,813 Texas Pipe & Supply, Corpus Christi, Texas 9,000' of 14" pipe, coated and wrapped $111,370 Grand Total $431,878 Price comparison ranges from a decrease of .71% on the 2" pipe to 13.25% on the 14" pipe. The apparent low bid of $114,014 by Texas Pipe & Supply on the 2" pipe is not recommend because it is subject to fluctuation and is only $827 less than the firm price bid of L.B. Foster. Seven bids were received. 17. A contract be executed with the Fantus Company and the Industrial Commission to perform an assessment of the Economic Development Potential of Corpus Christi. The fee for this project will be $30,000 plus travel expenses, not to exceed $2,500 and will be completed within 10 weeks of the effective date of the contract. 18. The City Council request the Area Development Committee to assist the City staff in the design and development of a Bayfront Development Plan to include funding for design and development planning as may be necessary. 19. The receipt of the motion for rehearing filed with the City by Central Power & Light Company on its request for a rate increase be acknowledged and the motion for the rehearing be denied. The City Charter requires filing of such a motion prior to appealing the rates approved by the City Council. The Charter further states a public utility cannot process its appeal until the Council has acted upon a motion for rehearing or has had a period of 60 days within which to act upon it. City Manager Martin referred to Item 17 in regard to an agreement between the Fantus Company and the Industrial Commission and stated that the Commission had submitted a proposal, which had been reviewed and approved by them as being consistent with the goals and objectives of the Commission, recommending that a contract with this firm be approved for the purpose of undertaking an assessment of the community's economic development potential. Mayor Jones inquired as to whether or not such a study had ever been conducted in Corpus Christi, and City Manager Martin stated that he did not believe there has ever been a study of this nature in the City of Corpus Christi. Mayor Jones referred to item 18 in regard to the request of the City Council that the Area Development Committee assist the City staff in the design Minutes Regular Council Meeting July 28, 1982 Page 6 and development of a Bayfront Development Plan and stated that Mr. Hayden Head, Chairman of the Area Development Committee, had indicated to him that the Committee is prepared to provide funds and he feels this is the appropriate time to implement a plan of development for the bayfront. City Manager Martin emphasized that this plan is to be an extension of a previous study and that this also was not just a financial offer but an offer to work with the City. Mayor Jones called on City Manager Martin to summarize item 19 regarding CP&L's motion for rehearing. City Manager Martin proceeded by stating that the motion is to invite the City to make Ordinance No. 17141, which was approved on July 21, 1982, final and that under Article VIII, Sec. 7, the Public Utilities Regulatory Act permits CP&L to insitute its interim rate 90 days after the date originally proposed. Mr. Martin further stated that the Staff is recommending that the petition be denied as he sees no advantages to the rehearing. A motion was made by Council Member Hawkins that the CP&L motion be denied as recommended by the City Staff, seconded by Council Member Zarsky, and passed unanimously. Mayor Jones called for comments from the audience on Actions of the City Council by Motion. Mr. Tony Bonilla, Attorney representing Mr. Bob Bonner, referred to item 14 pertaining to the month-to-month extension of the lease for the Intracoastal Cafe tract on Kennedy Causeway; outlined Mr. Bonner's involvement in this lease; explained the status of the lease to date, stating that the lease is now on a month to month basis; and urged that the Council consider granting Mr. Bonner a new lease. Mr. Bonilla further stated that Mrs. J. B. Longville had offered Mr. Bonner the sum of $50,000 for the structure on the tract which is owned by Mr. Bonner, but that it 's his client's desire to continue the operation of the business with a long-term agreement with the City. Mrs. J. B. Longville addressed the Council in regard to obtaining a lease for the property in question; stated that Mr. Bonner had indicated to her that the lowest amount he would accept is $50,000 and explained her plans for upgrading the subject property. Mrs. Longville urged the Council to allow her the opportunity to submit her proposal for a long-term lease. Minutes Regular Council Meeting July 28, 1982 Page 7 Council Member Gulley inquired whether the structure would revert back to the property owner when the lease is terminated. Mr. Bill Hennings, Assistant City Manager, replied that the lease has a 30 -day cancellation on default and has been on a month-to-month basis, and if the lease is terminated, the building belongs to Mr. Bonner. A motion was made by Mayor Pro Tem Betty Turner that this item be withdrawn until a complete copy of the contract and pictures of the building are• provided. The motion was seconded by Council Member Hawkins who also asked that a legal opinion on the lease be provided them when this item is reconsidered. Mr. Bonilla spoke again and stated that he concurred with the motion requesting legal opinion as to whether or not the City might have the authority to extend the lease for 20 years witout having to go out for bids. Mayor Pro Tem Turner inquired if it were possible to deal with the lease itself without having to deal with the disposition of the property after the legal opinion was obtained, and City Manager Martin replied that the two could not be separated. Mayor Jones called for the vote on the motion to withdraw item 14 and it passed unanimously. Mr. Doug Walthall of Maverick Engineering, representing Mr. Bill St. Clair, addressed the Council in regard to item 4 pertaining to the request of the developer of St. Clair Industrial Park to defer the requested drainage improvements. Mr. Walthall explained that their request is for a deferred drainage agreement for two lots which front North Padre Island Drive; that under this agreement, Mr. St. Clair proposes to construct and maintain a temporary drainage swale in a 1 ,200 foot long ditch to drain the two lots he proposes to develop; and added that Mr. St. Clair has also offered to deposit $2,000 in escrow to the City as a guaranteed maintenance fund in an effort to satisfy the City Council's concern over maintenance of the drainage swale. Mr. Walthall expressed his opinion that the temporary drainage swale and the money directed towards the maintenance of the ditch are a reasonable alternative to the Platting Ordinance which does require underground conduit. Mr. Walthall encouraged the Council to approve such a deferred agreement. Mr. Bill St. Clair, President of St. Clair Steel Structures, urged that this deferment be granted so that he can proceed to get approval on the replat Minutes Regular Council Meeting July 28, 1982 Page 8 and obtain the permit for the proposed development. Mr. St. Clair presented the Council with a sketch of the replat and explained his objection to the installment of the pipe when there is no other pipe in the area. Council Member Hawkins expressed his opinion by stating that it was his understanding that this request was for a deferment and inquired of Mr. St. Clair how long he wanted the deferment, and Mr. St. Clair replied that he would need it until Mr. Hickman develops his portion of the tract. Mr. Walthall intervened by explaining in detail the particulars on the agreement between Mr. Spencer and Mr. Hickman. Council Member Hawkins stated that in his opinion, if a deferment is to be considered there should be more restrictions made such as a higher amount be placed in escrow and also some type of liability insurance policy to provide coverage for the City. Council Member Zarsky inquired of Mr. James K. Lontos, Assistant City Manager, if there was anything in the way of engineering to substantiate that it can't be drained from an underground pipe. Mr. Lontos replied that the ditch that is serving other properties is not as deep as called for in the Master Plan, and even though they granted an exception previously, the depth for the proposed ditch is not great enough to take care of the drainage, and water will stand in the temporary type swale or ditch. Council Member Zarsky expressed the opinion that if Mr. Sinclair came before the Council with an agreement to the effect that he would have the pipe oversized to take care of the property, then that would be an agreement between him and the other property owner as a convenant of the land. Mr. Zarsky added that, in his opinion, the City would be adequately protected with such an agreement. Mr. Lontos then stated that the applicant had indicated they would prepare such an agreement. • Mr. Doug Walthall spoke again stating that a formal agreement has not been written yet. Council Member Kennedy inquired as to what Mr. Sinclair would have to do in order to meet the City standards. Mr. Lontos replied that he would have to build a storm sewer according to the Platting Ordinance. Minutes -Regular Council Meeting July 28, 1982 Page 9 Ms. Irma Juarez, Tax Assessor -Collector for the West Oso School District, read from a letter which had previously been submitted to the City Council urging the Council's consideration in granting Mr. Sinclair's request or attempt to prepare some kind of an agreement so that Mr. Sinclair's replat can be approved to allow him to proceed with the proposed development. Council Member Hawkins stated that this should be made an eminent deferment that could be reviewed in two years. A motion was made by Council Member Zarsky that the applicant's request for deferment be granted subject to an agreement between the applicant and the property owner on which the present property easement exists; that the applicant and/or owner of the property make a covenant that runs with the land that this storm sewer be put in at that point in which that property would be private and that this deferment not exceed three years. The motion was seconded by Council Member Dumphy and passed unanimously. City Manager Martin stated that the ordinance will be before them after the agreement has been presented to them and approved. There were no further comments from the audience on Actions of the City Council by Motion. A motion was made by Council Member Zarsky that the foregoing items numbers 1 through 18, with 'the exception of item #14 which was withdrawn, and item #4 which was previously acted on, be approved; seconded by Council Member Dumphy; and passed unanimously. Mayor Jones called for consideration of Action of the City Council by Ordinance, referring, in particular, to the new ordinances. Mayor Jones then referred to item M. 1. q. (4), regarding the establishment of a sick leave buy-back program for all employees and inquired as to what kind of program the Fire and Police have. City Manager Martin replied that the Fire and Police have a full pay back program. Council Member Gulley questioned why the City should even consider paying for sick leave that is not being used. City Manager Martin pointed out that this program is designed to eliminate sick leave abuse. Minutes Regular Council Meeting July 28, 1982 Page 10 Mayor Jones then referred to item M. 1. q. (5) in regard to the establishment of an exempt job classification group for selected managerial professional positions and inquired if this was an item that would be considered under "closed session" or if a system would be developed for reporting, and City Manager Martin stated that a reporting system would be designed. Council Member Gulley indicated his concurrence regarding the above, expressing the opinion that all salary progressions should be given on merit. Council Member Zarsky referred to the item granting the City Manager authority, when recruiting, to offer advanced credit for vacation and/or sick leave time and asked whether this would be time or money. City Manager Martin replied that it would only be for time. One of the Council Members referred to the item on the authority for the City Manager to extend sick leave with pay for voluntary terminations and inquired as to what the limitation would be on the severance pay. Mr. Chuck Speed, Director of Personnel, stated that presently it was 90 days but that this would extend the limitation to six months. Mayor Jones called for comments from the audience on the new ordinances. Mr. Herbert Sager, representing the Corpus Christi Arts Council and on behalf of Mr. Richard King III, who was unable to attend the meeting, referred to the ordinance regarding the adoption of the 1982-83 Budget for the City of Corpus Christi and read from a statement prepared by Mr. King requesting that the City Council consider fulfilling the 1978 resolution by allocating one-eighth of the total hotel -motel tax to the "living" arts of the community. Council Member Zarsky commented that the City Council, last year, had committed to the Arts Council for permanent art and inquired of Mr. Sager if the funds requested at this time were for the operational support of arts, and Mr. Sager confirmed that they were for the program project and operational support of arts organizations and cultural groups which serve their community and area. Mr. Sager stated that in 1978, the City Council raised the local bed tax revenues from 3% to 4%, and at the same time, made a commitment to the arts by resolution of at least one-half of the increased percentage, but that this commitment had not been honored. Mr. Sager further stated that the necessity to redirect those funds for the completion of the Convention Center was Minites Regular Council Meeting July 28, 1982 Page 11 understandable, however, he felt that it would now be in the best interest of the community if the present City. Council reviewed and reaffirmed the 1978 resolution. Mr. Sager noted that two years ago, the City Council had allocated $50,000 of the hotel -motel tax specifically to the arts, but it has since become evident that this sum is inadequate to fund the broad spectrum the arts encompass. Mr. Sager summarized by recommending that the City Council protect the cultural resources by making a firm commitment of at least one-half of 1% to support their activities and that the business sector of the community be encouraged to make contributions of major art works to enhance the cultural environment of the City. Council Member Gulley expressed his opinion by stating that money for the arts should be designated for something all people could enjoy. Counci! Member Dumphy expressed his opinion by stating that the City should consider future restraints on the Convention and Tourist Bureau advertising budget which has increased in proportion to growth in hotel -motel tax revenues. . Mayor Luther Jones agreed with Council Member Dumphy, noting that the 1982-83 budget for, the bureau is up about 80% over 1979. Mayor Jones further indicated his concurrence with Mr. Sager's recommendation to allow one -halt of one percent for the arts and agreed completely with the concept that all of this money should not go strictly to permanent art. Council Member Kennedy expressed the opinion that perhaps this should be studied further. Council Member Gulley spoke in defense of the Tourist Bureau expenditure by stating that if it were .not for the Tourist Bureau, the City would have less in the hotel -motel tax fund. Council Member Gulley emphasized that art should be for the public in public places. An unidentified gentleman in the audience addressed the Council at this time stating that he agreed with Council Member Gulley, noting also that it is a political problem for the Municipal Arts Commission and for the City Council to make a determination about public art; that he felt this is the reason that other cities have found that regular standard hotel -motel tax is not to buy permanent art but to find ways to support it; that the money that is supported from regular general funds is needed for the arts; and that the art community is very aware of it and is very appreciative. Minutes Regular Council Meeting July 28, 1982 Page 12 Mr. James Boggs, AIA, 1802 So. Staples, spoke in support of the Arts Council's recommendation and urged that the Council grant their request. There were no further comments from the audience on the new ordinances. Mayor Jones then called for consideration of the second and third reading ordinances. City Manager Martin stated that there is an amendment to ordinance k which changes the figure on the new rate on Outside City Limits, One family, maximum (up to 15M gals. water) from 23.86 to 23.88 and that he would like to withdraw third reading ordinances p & t, regarding amendments to the Platting Ordinance, to allow the Planning Commission to study them and provide their recommendations. Mr. Clifford Cosgrove, 3302 Olsen, addressed the Council in regard to the third reading of the gas rate ordinance and asked for clarification on the proposed charge. City Manager Martin explained that currently the charge is $7.28 minimum, and that under the proposed system, the rate charge will be $4.23 so that a person who does not consume as much gas will be paying less. There were no further comments on the second and third reading ordinances. A motion was made by Council Member Hawkins to approve the amendments on the Street Paving Assessment Ordinance and the Wastewater Rate Ordinance, seconded by Council Member Dumphy, and passed unanimously. City Secretary Read polled the Council for their votes and the following ordinances were approved: FIRST READING: AUTHORIZING FARM LEASE AT THE INTERNATIONAL AIRPORT WITH JOHN H. KELLY FOR A TERM OF FIVE YEARS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". FIRST READING: ESTABLISHING A CONSTRUCTION CONTRACT RETAINAGE TRUST ACCOUNT: AND PROVIDING FOR THE PAYMENT OF INTEREST AT THE RATE OF 5.25% PER ANNUM. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Minutes Regular Council Meeting July 28, 1982 Page 13 FIRST READING: AUTHORIZING EXECUTION OF A' LEASE AGREEMENT WITH HARBOR PLAYHOUSE, INC.,, FOR A 20 YEAR LEASE OF THE COMMUNITY THEATRE BUILDING. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". FIRST READING: AMENDING THE ELECTRICAL CODE BY INCREASING ELECTRICAL PERMIT FEES APPROXIMATELY 11.5% EFFECTIVE OCTOBER 1, 1982; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarksy voting, "Aye". FIRST READING: AMENDING CODE SECTION 35-161 TO INCREASE SURETY BOND REQUIREMENTS; AMENDING CODE SECTION 35-162 TO INCREASE THE FINANCIAL CAPACITY REQUIRED FOR SELF-INSURANCE; AND PROVIDING FOR AN EFFECTIVE DATE WITH A TRANSITION PERIOD, SEVERANCE AND PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". FIRST READING: AMENDING THE CODE OF ORDINANCES, CHAPTER 36, SECTION 2, SO AS TO INCREASE THE RATES CHARGED AS GREEN FEES. The foregoing ordinance. was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, GUIIey, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 17142: AUTHORIZING A CONTRACT WITH SHERROD CONSTRUCTION COMPANY FOR INSTALLATION OF A SANITARY SEWER LINE IN WOOLDRIDGE ROAD; APPROPRIATING $125,560 FOR THE SAID PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 17143: AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED BY ADDING A NEW SECTION, TO BE NUMBERED 55-75, TO PROVIDE FOR SETTING A FEE TO BE PAID THE CITY BY OWNERS PR DEVELOPERS USING OR UTILIZING THE WOOLDRIDGE ROAD TRUNK SANITARY SEWER SYSTEM WITHIN THE BOUNDARIES AS SHOWN ON THE ATTACHED EXHIBIT "A", COMPRISING APPROXIMATELY 295 ACRES: PROVIDING FOR A USE FEE OF $800 PER ACRE OR $200 PER LOT; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Minutes Regular Council Meeting July 28, 1982 Page 14 ORDINANCE NO. 17144: APPROPRIATING $2,160 OUT OF THE NO. 245 AIRPORT BOND FUND IN CONNECTION WITH THE COMMERCIAL RAMP EXPANSION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 17145: CLOSING AND ABANDONING UTILITY AND ELECTRICAL EASEMENTS IN TULOSO ESTATES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 17146: ANNEXING A 3.82 ACRE TRACT OF LAND OUT OF NUECES RIVER IRRIGATION PARK ANNEX NO. 1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 17147: ANNEXING AN 11.427 ACRE TRACT OF LAND OUT OF LOT 2, BLOCK 1, NUECES RIVER IRRIGATION PARK; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 17148: APPROPRIATING $21,958.08 OUT OF PARK BOND FUND NO. 291 AND $2,709.28 OUT OF PARK TRUST FUND NO. 111 FOR REIMBURSEMENT TO THE GENERAL FUND WORK ACCOMPLISHED AT THE VARIOUS PARKS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 17149: APPROVING CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 1982 AND ENDING JULY 31, 1983 ACCORDING TO THE CITY CHARTER FOR PURPOSE OF FILING ADOPTED BUDGET WITH COUNTY CLERK UNDER TEXAS BUDGET LAW, BEING SUBJECT OF APPROPRIATION HEREUNDER OF MONIES FOR SAID BUDGET; PROVIDING SAVINGS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 17150: AMENDING THE ORDINANCE GRANTING OF AN EXEMPTION FROM AD VALOREM TAXES FOR PERSONS' RESIDENCE HOMESTEAD WHO ARE 65 YEARS OF AGE OR OLDER IS IN THE BEST INTEREST OF THE CITIZENS OF THE CITY OF CORPUS CHRISTI; EXEMPTING FROM ALL AD VALOREM TAXES LEVIED EIGHTEEN THOUSAND DOLLARS ($18,000) OF THE ASSESSED TAXABLE VALUE OF SAID RESIDENCE HOMESTEAD OF SAID PERSONS UPON PROPER APPLICATION FOR SAID EXEMPTION BEING MADE AS PROVIDED BY Minutes Regular Council Meeting July 28, 1982 Page 15 ORDINANCE NO. 11247, AS AMENDED; PROVIDING FOR EXEMPTION FROM ALL AD VALOREM TAXES LEVIED TEN THOUSAND DOLLARS ($10,000) OF THE ASSESSED TAXABLE VALUE OF SAID RESIDENCE HOMESTEAD BY THOSE PERSONS QUALIFIED FOR THE PAYMENT OF DISABILITY INSURANCE BENEFITS AS DEFINED UNDER FEDERAL OLD -AGE, SURVIVORS, AND DISABILITY INSURANCE OR ITS SUCCESSOR, PROVIDING PROPER APPLICATION FOR SAID EXEMPTION IS MADE WITH THE NUECES COUNTY TAX APPRAISAL DISTRICT; AND PROVIDING AN ADDITIONAL EXEMPTION OF 10 PER CENT OF ASSESSED VALUE BUT NOT LESS THAN $5,000 FOR ALL QUALIFIED RESIDENT HOMESTEADS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 17151: PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE YEAR 1982 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEARS AS THE SAME MAY BE APPLICABLE; PROVIDING A SAVINGS CLAUSE, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 17152: AMENDING ORDINANCE NO. 8127, AS AMENDED, BY AMENDING SUBSECTION 501, 509, 510, 551.1, 551.5, 551.6; CREATING NEW SUBSECTIONS 551.7 AND 552.5.1: AMENDING SUBSECTION 951.3.1, 951.5, 952.4 AND 955.21; AMENDING ORDINANCE NO. 256, AND 257; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 17153: APPROPRIATING $390,074.56 TO SUPPLEMENT FUNDS REMAINING FROM EXISTING CONTINGENCY APPROPRIATIONS FOR REIMBURSEMENT TO THE GENERAL FUND FOR ENGINEERING SERVICES PROVIDING DURING THE MONTHS OF FEBRUARY THROUGH JULY, 1982; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". SECOND READING: AMENDING ORDINANCE NO. 16862, APPOINTING ELECTION OFFICIALS AND SPECIAL CANVASSING BOARD FOR ABSENTEE BALLOTING FOR ALL MUNICIPAL ELECTIONS FOR 1982, SO AS TO APPOINT NEW JUDGES, ALTERNATE JUDGES AND MEMBERS OF THE SPECIAL CANVASSING BOARD FOR THE CHARTER AMENDMENT ELECTION TO BL HELD AUGUST 14, 1982. I he foregoing ordinance was read for the second reading by the following vote: Jones, Turner, Kennedy and Zarsky voting, "Aye". SECOND READING: AMENDING SECTION 6-3t OF THE CODE OF ADDITIONAL REGULATIONS FOR I HE RENEWAL EXISTING PERMIT FOR A PROHIBITED ANIMAL. time and passed to its third Dumphy, Gulley, Hawkins, ORDINANCES TO PROVIDE OR CONTINUATION OF AN Minutes Regular Council Meeting July 28, 1982 Page 16 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". SECOND READING: AMENDING SECTION 36 OF THE CODE OF ORDINANCES TO INCREASE RENTAL RATES FOR THE CONVENTION CENTER, AUDITIORIUM, COLISEUM, AND EXPOSITION HALL. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". SECOND READING: AUTHORIZING FARM LEASES AT THE INTERNATIONAL AIRPORT FOR A TERM OF FIVE YEARS. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". SECOND READING: AUTHORIZING AN AGREEMENT WI IH AERONAUTICAL RADIO, INC., FOR TWO-WAY RADIO SYSTEM AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 17154: AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY REPEALING CERTAIN PROVISIONS, AMENDING CERTAIN PROVISIONS AND ADOPTING AND READOPTING CERTAIN PROVISIONS OF CHAPTER 49, ARTICLE II, ENTITLED "STREET, SIDEWALK, CURB AND GUTTER, AND DRIVEWAY CONSTRUCTION", SO AS TO ADOPT A POLICY OF STREET PAVING ASSESSMENTS DESIGNATED AS SECTION 49-21; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: ESTABLISHING A MAXIMUM ASSESSMENT RATE TO BE PAID FOR CURBS, GUTTERS, STREET IMRPOVEMENT AND SIDEWALKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 17155: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TEXAS, VOLUME II, CHAPTER 55, UTILITIES, ARTICLE IV, GAS RATES AND CHARGES, SECTION 55-61, CLASSIFICATION OF CUSTOMERS AND SCHEDULES OF RATES, AS SET FORTH IN ORDINANCE NO. 16451, AS AMENDED, SO AS TO CHANGE THE SCHEDULE OF GAS RATES FOR ALL CUSTOMERS TO THE CITY -OWNED GAS DISTRIBUTION SYSTEM BY PROVIDING A NEW SCHEDULE OF RATES FOR ALL GAS CUSTOMERS: PROVIDING FOR RATE ADJUSTMENT TO PASS CUSTOMERS: PROVIDING FOR RATE ADJUSTMENT TO PASS ON TO THE CONSUMER THE FULL AMOUNT OF SUCH COST OF GAS: PROVIDING AN EFFECTIVE DATE: PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Minutes Regular Council Meeting July 28, 1982 Page 17 THIRD READING - ORDINANCE NO. 17156: AMENDING SECTION 55-100 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, SO' AS TO PROVIDE CERTAIN INCREASES IN WASTEWATER RATES: PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY: AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 17157: AMENDING SECTIONS 21-7, 21-18 THROUGH 21-21.1, AND 21-46 OF THE CODE OF ORDINANCES SO AS. TO INCREASE GARBAGE COLLECTION AND DISPOSAL CHARGES APPROXIMATELY FIVE PER CENT (5%) EFFECTIVE WITH THE FIRST BILLING CYCLE IN THE MONTH OF AUGUST, 1982; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 17158: AMENDING THE CODE OF ORDINANCES, BY AMENDING ARTICLE II, MARINA, SECTION 12-61, "RATES AND RENTAL FEES FOR USE OF SLIP AND DOCK SPACE SCHEDULE AND REGULATIONS"; INCREASING SLIPS RATES TO SIX CENTS (62) PER SQUARE FOOT PER MONTH, PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION. The foregoing ordinance. was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO 17159: AMENDING SECTION 36-8 OF THE CORPUS CHRISTI CITY CODE, 1976, AS AMENDED, SO AS TO ESTABLISH NEW ATHLETIC LEAGUE TEAM FEES AND A FEE FOR THE USE OF. SOFTBALL FIELDS FOR SOFTBALL PRACTICE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 17160: AMENDING SECTION 36-7 OF .THE CORPUS CHRISTI CITY CODE, 1976, AS AMENDED, SO AS TO ESTABLISH NEW SPLASH PARTY FEES; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 17161: AMENDING CHAPTER 43, CODE OF ORDINANCES, BY ADDING A NEW SECTION 43-11, CHARGES FOR COPIES OF ACCIDENT AND CRIMINAL POLICE REPORTS. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Minutes ' Regular Council Meeting July 28, 1982 Page 18 THIRD READING - ORDINANCE NO. 17162: AMENDING SECTION 6-21 OF THE CODE OF ORDINANCES SO AS TO ESTABLISH AN IMPOUNDMENT FEE OF $25.00 FOR LIVESTOCK; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the tollowing vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 17163: AMENDING SECTION 19-61 OF THE CODE OF ORDINANCES TO PROVIDE A REVISED SCHEDULE OF FEES FOR FOOD SERVICE PERMITS: TO PROVIDE FOR REDUCED FEES ON A PRORATED BASIS FOR PERMITS ISSUED IN CERTAIN MONTHS OF THE YEAR; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING r ORDINANCE NO. 17164: AUTHORIZING AN ANNEXATION CONTRACT WITH GLEN W. TAYLOR, INC., AFTER THE NOTICE AND HEARING, FOR THE ANNEXATION OF A 3.82 ACRE TRACT OF LAND OUT OF NUECES RIVER IRRIGATION PARK ANNEX NO. 1. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 17165: AUTHORIZING AN ANNEXATION CONTRACT WITH RIVERSIDE HOSPITAL, INC., AFTER THE NOTICE AND HEARING, FOR THE ANNEXATION OF A 11.427 ACRE TRACT OF LANE) OUT OF LOT 2, BLOCK 1, NUECES RIVER IRRIGATION PARK. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 17166: AMENDING SECTION 55-50 OF THE CITY CODE OF ORDINANCES, 1976 REVISIONS AS AMENDED BY ORDINANCES NO. 16446 AND 16593, PASSED AND APPROVED AUGUST 12, 1981 RESPECTIVELY, BY AMENDING CERTAIN SCHEDULES THEREIN SO AS TO INCREASE WATER RATES FOR CUSTOMERS USING TREATED OR UNTREATED WATER. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 17167: APPROPRIATING $14,000 FROM THE MUSEUM BOND FUND NO, 263 FOR PROJECT NO. 263-77-1 CORPUS CHRISTI MUSEUM, COMPLETION OF EXHIBIT SPACE IN THE NORTH WING. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". - ********** Minutes Regular Council Meeting July 28, 1982 Page 19 Mayor Jones announced that the Private Industry Council had attended a meeting with the Coastal Bend Consortium Executive Committee during lunch regarding the CETA service delivery system proposed for fiscal year 1983 and inquired if the Council had any objections to his calling on Mr. Rick Diegel, Chairman of the Private Industry Council who was present to speak at this time. Mr. Diegel addressed the Council by stating that the Private Industry Council met immediately after the adjournment of the Executive Committee and had agreed not to concur with the Executive Committee's recommendation. Mr. Diegel proceeded by stating that it was the Council's opinion that the only decision that could be reached at this time because of the lack of funds to operate the CETA programs is for Plan 3, which gives the CETA Director more control over programs, and that it felt that Plan 3 is a prime sponsor operation with less contractors; felt this money is earmarked for disadvantaged people and not contractors; more disadvantaged people are going to be helped and reached; and they. believe that Plan 3 will benefit the rural areas. Mr. Diegel summarized by stating that in light of the Department of Labor's requirement that the two bodies must concur before the plan is submitted, the Council recommends that both the Private Industry Council and the Executive Committee meet not later than August 4. Mayor Jones asked that Mr. Ernest Briones, Deputy City Manager, comment on the legal aspects on this matter. Mr. Ernest Briones explained that (1) according to the Department of Labor directives, the Private Industry Council must concur with the actions of the Executive Committee before review; (2) gives the Council the authority to review the Executive Committee's actions; (3) if the Council does not concur with the Executive Committee's actions, it is necessary for the two bodies to hold a joint meeting and come to some agreement before the application is submitted; and (4) if no agreement is reached, then both bodies must yield to the Department of Labor for review. After further discussion, the suggested date for the joint meeting of August 4, 1982 at 1:15 p.m. was set. Mayor Jones announced the public hearing on three zoning applications. Minutes Regular Council Meeting July 28, 1982 Page 20 Assistant City Manager Tom Utter announced the public hearing on Application No. 682-14, Mr. Tommy F. McDow et al, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lots 3-12 and Lot 14, Block 34, Windsor Park located on the east side of Everhart Road approximately 200' north of McArdle Road. Mr. Utter informed the Council that both the Planning Commission and the Planning Staff recommend approval. He stated that 43 notices of the public hearing had been mailed with nine in favor being returned. No one spoke in regard to this application. A motion was made by Council Member Gulley that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Council Member Gulley that the Council concur with the recommendation of the Planning Commission and grant the "AB" zoning on Application #682-14; seconded by Mayor Pro Tem Turner; and passed unanimously. ********* Assistant City Manager Utter announced the public hearing on Application No. 682-15, Mr. & Mrs. Angel R. Meraz, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District on Lots 26A and 26B, Block 3, Laughlin Subdivision located on the north side of Houston Street approximately 288' east of Kostoryz Road. Mr. Utter explained that both the Planning Commission and the Planning Staff recommend approval. He stated that of the 10 notices of the public hearing which were mailed, three in favor and none in opposition had been returned. A motion was made by Council Member Gulley to close the hearing, seconded by Council Member Zarsky, and passed unanimously. A motion was made by Council Member Gulley that the Council concur with the recommendation of the Planning Commission and grant the requested "R-2" zoning on Application No. 682-15; seconded by Mayor Pro Tem Turner; and passed unanimously. ********** Minutes Regular Council Meeting July 28, 1982 Page 21 Assistant City Manager Utter announced the public hearing on Application No. 682-16, Messrs. Joe Hansler and Henry Tucker, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on 5 acres in the form of a square out of the north corner of the south or southwest 3/4th of Lot 19, Section 54 of the Flour Bluff and Encinal Farm and Garden Tracts located along the south right-of-way of Purdue Road approximately 650' west of Laguna Shores Road. Mr. Utter explained that the Planning Commission is recommending denial, but in lieu thereof, "A-2" Apartment House District be approved. He stated that two notices of the public hearing were mailed but none 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 Staff has expressed concern in that the property has no frontage on a major arterial street to handle either a commercial development or a high density apartment development; the drainage would make the development of this property difficult and could cause increased runoff which would increase flooding on adjacent properties; and the cost of correcting the drainage and flood plain problem would make single-family development even more difficult than apartments. Mayor Jones called on the applicant to speak. Mr. Joe Hansler, one of the applicants, pointed out the tremendous problems with the property and stated that they feel they need the higher density because of the high costs of drainage and site work required on the property. Mr. Hansler stated that they would be satisfied with "A-2" zoning as recommended by the Staff and would appreciate the Council's consideration. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Mayor Pro Tem Turner, and passed unanimously. A motion was made by Council Member Zarsky that the Council concur with the recommendation of the Planning Commission to deny the requested "B-4" on Application No. 682-16, but in lieu thereof, "R -1B" with a special permit for 150 units contingent on submission of a site plan; seconded by Mayor Pro Tem Turner; and passed unanimously. Minutes Regular Council Meeting July 28, 1982 Page 22 Mayor Jones next announced the public hearing on the following: A revision to the Master Sanitary Sewer Plan in the area bounded by Ayers, Holly, Weber and Saratoga Boulevard. Development of a 160 acre tract in the area bounded by the change is imminent. A charge of $800 per acre for the area served by the trunk lines, including the 160 acre tract, is recommended to help ultimately construct the future sanitary sewer facilities shown in the Master Plan change. The Planning Commission approved the change on June 22, 1982. Mr. James K. Lontos, Assistant City Manager, referred to a site plan and explained the revisions in the area involved. He informed the Council that the staff is recommending the revision to provide for a gravity sewer along Saratoga to near Ayers Street, and a force main from that point to a lift station in Kostoryz, one-quarter mile north of Saratoga. Mr. Lontos added that by locating the lift station at this location ultimately would be materially better and cheaper for the overall gravity collection system for the service area, as the line* going to the lift station would be shallower, the distance the lift station would have to pump would be shorter; therefore, operating costs would be less in the future; and that in addition, the present temporary lift station in Cabaniss Field and the other in Kostoryz near Holly would be a lot easier to divert to this location than the one proposed by the developer. There were no comments from the audience regarding this matter. 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 Council Member Dumphy that the Staff's recommendation to approve the revision to the Master Sanitary Sewer Plan be approved; seconded by Mayor Pro Tem Turner; and passed unanimously. Assistant City Manager Lontos stated that the ordinance effecting the above would be before the Council the following week. City Secretary Read polled the Council for their vote on the zoning applications which passed as follows: ORDINANCE NO. 17168: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF TOMMY F. MCDOW ET AL BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 3 - 12 AND LOT 14, BLOCK 34 WINDSOR PARK FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY, r• Minutes Regular Council Meeting July 28, 1982 Page 23 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". QRDINANCE NO. 17169: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MR. AND MRS. ANGEL R. MERAZ BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 28Pt AND 26B, BLOCK 3, LAUGHLIN SUBDIVISION FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote; Jones, Turner, Qumphy, Gulley, Hawkins, Kennedy and Zarsky voting, . "Aye". No one wished to address the Council under petitions or information from the audience on matters not scheduled on the agenda. 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 6:30 p.m., July 28, 1982. ********* • r I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of June 2, 1982, through June 30, 1982, inclusive,• and having been previously approved by Council action, are by me hereby approved as itemized. June 2, 1982 - Regular Council Meeting June 9, 1982 - Regular Council Meeting June 9, 1982 - Special Council Meeting June 16, 1982 - Regular Council Meeting June 23, 1982 - Regular Council Meeting June 30, 1982 -Regular Council Meeting June 30, 1982 -Special Council Meeting