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HomeMy WebLinkAboutMinutes City Council - 08/11/1982\ ri MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 11, 1982 2:00 P.M. Present: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy City Manager Edward Martin Bob Gulley City Attorney J. Bruce Aycock Herbert L. Hawkins City Secretary Bill G. Read *Dr. Charles W. Kennedy **Cliff Zarsky Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Mr. Leo Guerra in the absence of the invited minister, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Bob Gulley. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally con- stituted meeting. A motion was made by Mayor Pro Tem Betty Turner that the minutes of the July 14, 1982 meeting be approved as presented; seconded by Council Member Hawkins; and passed unanimously. Mayor Jones administered the Oaths to members recently appointed to Boards and Committees. *Council Member Charles W. Kennedy arrived at the meeting at 2:13 p.m. Mayor Jones called for appointments to Boards and Committees. He reviewed the appointments discussed during the Workshop meeting. A motion was made by Mayor Pro Tem Turner that the following appoint- ments be confirmed, seconded by Council Member Gulley and passed unanimously: Electrical Advisory Board - Mr. Arlise L. Robinson (Electrical Engineer) term to expire 12/31/83; Marina Board - Mrs. Mary Ann Sinclair, term to expire 2/28/83. * * * * * * * * * * * * * Mayor Jones announced the bid opening on the following Engineering project: M. G OFILME ' Sip 1919M Minutes Regular Council Meeting August 11, 1982 Page 2 1. Phase I of the Wooldridge -Staples Drainage Outfall. This project provides for the construction of a new culvert crossing at Airline Road and the construction of a pilot drainage channel downstream of Airline Road to the approximate location of the Brandywine Sub- division. Assistant City Manager James K. Lontos explained the alternates on this project that provide for additional work. He then opened bids on the project from the following companies: R. S. Black Civil Engineers; Civil Constructors, Inc.; Goldston Corporation; Heldenfels Brothers, inc.; Maverick Construction Company; Stefek Construction Company; W. T. young Construction Company; A. Ortiz - Asphalt Paving and Construction Company. Mr. Lontos verified that all of the bidders had submitted the appropriate bid security bond and disclosure statements. Mayor Jones expressed appreciation to all of the companies that had sub- mitted bids and stated that the bids would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the staff for tabulation and recommendation. Council Member Gulley requested that a copy of a disclosure statement used by bidders be provided the Council. * * * * * * * * * * * * * Mayor Jones informed the Council that Council Member Gulley had requested that the Council continue discussing the items listed on the Workshop agenda. Council Member Gulley referred to the discussion of the status of the Three Rivers dump site and stated that he wanted to explain his actions in regard to this location. He explained that there was a meeting on Monday night at Three Rivers pertaining to the type of waste that will be dumped in the Three Rivers area. He explained that he attended the meeting and he was the only Council Member present. He pointed out that the City staff made some comments, but the people there were very upset about the dump site and they are concerned about the possible pollution as the City is concerned about the pollution of our new water supply. He stated that ordinarily he does not speak on behalf of the City Council without their being informed of it but he felt that he should make a statement at the meeting. He reported to the Council that he had expressed concern on behalf of the City about the possibility of anything that might contaminate the City's water supply and he made the statement to the effect that he felt sure the City of Corpus Christi would have a Minutes Regular Council Meeting August 11, 1982 Page 3 representative at all of the meetings at Three Rivers and that the Council would take any action necessary to protect the water supply. Mayor Pro Tern Turner expressed approval of the statements made by Council Member Gulley and expressed the Council's apifDreciation to hip,. : • s. r.:=A Er i.?J' C!ri. Mr. Douglas..Matthews, Director of Public Utilities, assured the Council . - that the City staff has been aware of what is happening in Three Rivers; they were aware that Exxon• Corporation plans to selltheir propeqy ,there-, to .... Chem -Nuclear Systems Inc.; that Company plans to use the >pit that4s—located :2F3 -C.1,7771 there for disposal of mili tailin_gs of their.uranium _operation,. He explained that 2'C 1LrhJL the City staff has been interested In this plan because the_pit, _wittO -the p;,Ve:11',,,i 3. 4 Nueces River Water Shed and they are concernedaboilt what mav be cl. IS. Posed 1:0 - - there. He explained that he has been in: touch with the Tex Deloartn-mnt of yNt, -- Health sinte Clierii-Nikiiaii'''66iiiip$r-fy 6e. Poo4rum,2iLfonirn agency for. for. :theirr:PrOl5Vie-d StaTebifif4t <114'64-'8wC1IciVelnqe-rleeted obServirla`16 see how the pit is constructed and that proper safeguards are Instituted, beforefistS TMpIi tjt they will, obtain -is for a 'Very' loW'iy-pe 'Of idisPoSal IterialHe'alSO related other concerns -Of the property owners in that 'area" and stated there will have to be a public hearing on this -matter.' He also Informed the Council that tests will be performed bri6rt6-'11riat public hearing and the Texas Department of Health will Make: decision • aS to- whether a' permit -slioUld be issued. He assured the Coiintir thatthe Cit ii staff anCi the State Health Department on this matter:. Council Member Gulley stated that he had diScussed this with a company representative't who -stated that the pit in its -present 'Condition- would not be suitable' for the'type'rif diSPoSal'ihey pan, and even thou0i''thd:'CoMPanY 'states that their diSposal Material :will not 'be harmful to the City's water supply, he feels that they should keep in close touch City Manager Martin stated that ,one •thing•the"City could do is to use the expertise of the City-' Staff and possibly employ a firm to review the environ- mental impact_statem6nt that Council -Member ':DOmphy- concurred that the 4,'staff and the City" lManager should work on a plan to protect the City's water supply and suggested that sone,,.other Council Members attend the next meeting conducted in Three Rivers. Minutes Reg Lila r Couic.i eeting August 11 ,1982 Page 4 Mayor Jones stated that he would expect a follow-up report in connection vilith this matter from the City staff, and Mr. Martin assured him that this will avaLie in two weeks, Mayor Jones suc4gested that the Council return to the discussion of requests for proposal 'For a new land mass . City Manager Martin informed the (=council that this could be delayed untii riext week because a• number of people have expressed an interest in it. :k * * * 4; * * * A trial ion was made by Counci Member Gulley that the Regular' Council Me€.t.irig h recessed at .2 43 p .m. in order to -convene he meeting of the Corpus C hristi Industrial Development Corporation, seconded by Counci I Member I-Liwkirri; and pa sad unanimously * * * * * * * * iOrICS reconvened the Regular Council Meeting at 2:55 p. m , and uting the presence of peol,...)le intere:',:.l.ce.:1 in the Corpus Christi I ridoistrial Of.-ivelopitient C o poration bond issue , the r: announce,iii the public hearing on the fogowinn Conskier pub ic conrnert o= a re.oLutu appruving an agreesirit_ lay ,or s-7, Christi industrial Develo4.)ment (.lorporatiern bLinds Janet Sanders (Quality nn 3ayfront expansion pr: Lnd.rese, ltt ion 1-„oroviding rissuance such , sce ria nerd 1h a t t Lk) aneLEM,ed k in Li -1i s soatij„,-ict. A ',.,yas made hy tiy,-)i-- Pro T tim Turner that tne he..-artrp:.:3- be co Ls! iii be r w iT.ind passed unani mously h U .;oluton on!Ilk subject be 1...--assed LL .,.t „Tiie.i.ary 1-7„ead pkd the G.ncH for tiir,-„,otes foi low q E.C; 1qa s pasoci klEtiHME-:NT BY CO i. -;;PUS CtiR I S'fl N DU ST 1.6 .3E,/ELOPMENT iuN TO SSA) E. BONDS FOR LAE Ab ND JNn i ANDERS BON Dr CT, N PROVIDiNG k THE ISSUANCE OF SUG 14H C,---E":":!.;-1:•C!!:' Ru W S suspended and the -tOregoing resolution pa WAYF:S., TUrner DOMphy Guiiey, Haw k ig•Is Konned ad Hye. * * * * * * * * * LP * * * r.7'. i-• A filotion -was unEide. Mayor Pro "Iim Tu rner that the Counci I convene in closed session reqarding the litigation on the mobi ie.! home dispute; seconded b' i'v:•-er,7!)ev Hawkins and passed i:T,oy the following vote: Jones Turner Minutes Regular Council Meeting August 11, 1982 Page 5 Dumphy, Hawkins and Kennedy voting "aye"; Zarsky absent at the time the vote was taken; Gulley abstaining. * * * * * * * * * * * * * The Council then went into closed session at 3:00 p.m. * * * * * * * * * * * * * Mayor Jones reconvened the Regular Council Meeting at 3:10 p.m. A motion was made by Mayor Pro Tem Turner that the City not appeal the Court decision an the Wittner case; seconded by Council Member Kennedy and passed by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy voting "aye"; Gulley abstaining; Zarsky absent at the time the vote was taken. Council Member Gulley noted that he has refrained from attending the closed session on this subject and refrained from voting on the motion on the Wittner case since it involved a mobile home and he did not want there to be an appearance of a conflict of interest. * * * * * * * * * * * * * Mayor Jones called for actions of the City Council by motion on the following items: 1. Authorizing Change Order No. 2 to the contract with Sanders -Midwest, Inc. for expansion of the O.N. Stevens Water Filtration Plant which provides for stainless steel tube extension stems on six butterfly valves in lieu of cold rolled steel for a total of $10,176.99. Contingency funds are available on, the project and no additional appropriation is required. 2. The City of Corpus Christi through its Land Acquisition Division be authorized to negotiate right-of-way acquisition on behalf of the South Texas Water Authority, Kingsville, Texas for construction of the South Texas Water Line from Kingsville to the O. N. Stevens Water Plant. Most of the parcels to be acquired will be in the vicinity of the five points area and south along existing U.S. 77 and proposed U.S. 77. All title work, survey, appraisals, deed preparation and condemnation procedures will be handled by the south Texas Water Authority and the City will be responsible solely for negotiations and will be reimbursed for the cost of said negotiations. It is anticipated that a contract will be let for this project in November, 1982. 3. Approving an agreement with the State of Texas and the Texas Mexican Railway Company for lowering the railroad tracts at Holly Road and Airline Road. The railroad crossing will be reconstructed as part of the construction contract for Airline Road, Williams to Holly, which will be administered by the State Highway Department under the Urban Systems Program. This work will be totally financed by State and Federal funds. Total cost of the street improvements is estimated to be $1,041,000 with the City's share $372,020. Bids will be received in October of this year. 4. A 4500 gallon asphalt transport trailer for the Street Division be purchased on the basis on low bid from Cooper Equipment Co., San Antonio, for $35,998. Two bids were received. Money has been encumbered from the 1981-82 Revenue Sharing Budget for the purchase. The Street Division currently has a 3000 gallon unit which is not Targe enough to carry a full day's sealing requirement. The 4500 gallon unit will prevent trips back and forth for refilling. The 3000 gallon unit will be used for back-up in case of breakdown and for additional storage on large projects. Minutes Regular .ou f'1 Meeting `i r gz.lst. 11, 1982 Page 6 One telescopic boom excavator carrier mounted for the Street Division Le purchased on the bask of love bid from Pains Machinery Co., Corpus Christi, for. $99,328. Price comparison reflects a 3% iracr•ease since the fast purchase in 1978. TWO bids were received. his equ?cai;'erit is used to clean and grade 'ditches and road maintenance 3rd will replace a 1970 model. Money from the 1981-62 Re'cnue. Sh r i S_{ Budget. has been e 3{L !s;i: red for the. purchase. 6, A contract to lurnish and install galvanized steel doors, and frames at the Art Museum) be awarded to A. •Yrbar.ir. o Designers, Corpus Christi hi,:; basis of low bid of l>ry The existing Steel doors were damaged by l-iur"rrcane Allen., Money has been encumbered from the 1981--82 evenue S :"ri?{ Budc"':'t for the contract: The existing stee doors are being replaced with galvanized ones to pr'o'vide more resis- tance 'cocorrosion. J An agreement be approved with t6._,`. Texas State Library to provide Interlibrari Loan service to the South Texas Library y Syste-m. .!_r contract provides $91 ;119 for a projected . o ume of -1,ranLiact ons_ This contract resi..ilis trom the City of .(.`t. pus Christi it.i s rhe Maj!O " e iter for the South T e c Librani f . �Rkl; theri'TUL E-. grant i3i�;1E€=<�LY.➢fi k not necessary. No (_;,er-: :�.:i-7e�r. in regard tob t items. :r; motion was '"Bade by Ivtaayar Pro Tern Turner that items 1 through 1at approved seconded by Cou ci l h`hi. embeker'nedy and L2: ac. ?moi used • :he following vote: snis, Turner, :5 l'tiGulley c!T'! Kennedy voting "aye"; itawkivs and -ursl-ay =absent at the bore tFrr_. 1:'+1,,�_ was taken, r. .. 1::$ tR- ;h k s -F.- called d: action {7F. .ti;..E ( ..,'}: Council by ordnance and .e-nt.ran to the ordinances. ]foie' Pfe rem T€lr,rn r inquired if the staff had am, comments in regard 1.e the first read < d o the ordi .�five v -r ._.tchri sc Jr", lt-i;;r'm er,. Martin D'efer'red Lo'� �� the staff memo that t,,vas included .tl-e _e or mendteel .-hat the -.ordin.1n.e pertaining -to t.c37Cf'r[_f franchises rieec.sto be examined and possibly rr. fsod.. He stated that in t is-j:fd to the .;tion of ..i�b1€', corrienience and neceis.sty for this addidt.r a }'d i-lchi= , Vlr. or.. .:?'-!<rt:` - ��r"]{, _ ..'u1:.)G.t'rr .t11.3: is ie;�i5 r .nerldeo by �. memorandum i+: �tiT. ointo-d ori. that if the Council determines that there is r -k:. e.r-:., :y 4 -;?J -t a>di 'CI cab oompan" it 'IA/ be their res ,ns r to prove why r:,:;F;•; ,.y. Pru `r',,..._ Turner inquired about the business address for the new comp:irn and the :3'r"3Ezl lard in -termed her that the address was 2025 Dixie Street. which ,s a! residential street. Minutes Regular Council Meeting August 11, 1982 Page 7 Mayor Pro Tem Turner referred to the difficulties with the Bluebonnet Taxicab Company that was operated from a residence on Johanna Street with several vehicles. Mr. Tom Stewart, Director of Traffic and Transit, explained that the Bluebonnet Taxicab Company had been operated out of a home in Flour Bluff and he had only two taxicabs prior to the time he moved to Johanna Street and purchased more taxicabs. He stated that Mr. Eldridge would have to meet all of the current zoning requirements and he will be allowed to operate out of his home if he complies. He assured the Council that the requirement for a business address will be considered if the taxicab ordinance is amended in the future. City Manager Martin stated that the staff does not anticipate any problems with this taxicab franchise with one vehicle since other citizens are allowed to take business vehicles home at night. Council Member Gulley agreed that there would be no problem as long as only one taxicab is in service and unless a number of additional vehicles are placed into service which would place Mr. Eldridge in violation of the zoning ordinance. **Council Member Cliff Zarsky arrived at the meeting at 3:20 p.m. Council Member Zarsky referred to the ordinance amending Section IV, Design Standards of the Platting Ordinance to set the maximum right-of-way dedication of subdividers at 120 feet and obligate the subdivider to construct streets at their cost no wider than 48 feet. Mr. Zarsky referred to the fact that the ordinance seems to make a distinction between perimeter streets, which are now County roads, and it requires curb, gutter and sidewalk and no paving and inquired if this was correct. Assistant City Manager Lontos explained that paving will be required even if it is a County road. He continued by stating that if there is an existing caliche or black topped County road, then the requirement would be that curb, gutters and sidewalks would be required and the subdivider would receive a credit for the existing road, and if there is no County road, the subdivider would be required to construct a street. He noted that in some cases there might possibly be a requirement for construction of one half a road. Council Member Zarsky expressed the opinion that if one half of a paved street is required, this might be hazardous. MMMinutes S eyc.!iar Council Meeting August '11 _ 19E2 Page 8 Mr. Lon'tos assured Mr. Zarsky that he would study this further and he would have an a::'slyder to that question next week. Council Member Larsky pointed out that if a subdivision is being. developed thi,iit has no iriap ov'ements a far as street:; are concerned, according' to this new ordinance, the -''uhdivider would be required to construct a street, even though it is not needed at the times the subdivider is developing his property. Mr. Lontos agreed that obviously li.here was a need to work further on this ordinance, City Manic}e r Nil r'tin then withdrew this ordnance from consideration Mayor Jones celled for commencs from the _audience on the new ordinances, (vii": Pini,,sae !Eldridge, `y'. referred to this first reading of the ordinance c..!"€�?' tincj him a five year taxicab franchise and expressed the opinion that `€het..e is need for additional ita:x.'cai.;_ „ He stated that he plans te provide a needed ser ice and go in'tu :areas where Other"' taxicab companies. do not do so. He • explained that- he w';€, have a !no bile phone in his car until hi s company grow; and he is able to employ a d- ,=catcher. Speaking ii'6 opposition .o 'this ordinance vvas Mr. Lonnie King who stated i:l_i!: he has been in the taxicab business 1935. He rel .3tedl" 1 li' history of {i:ij'F,ar _ H. stated that i3 ,_. taxicab business is very slow at �. this IEiTki,; it is s Feceier to lease cabs sometimes i. <" Z.i"�-Sa'4".to make money for the C:iJiill:;:3i`iV a l -h:. ;:lri`;'c.'o"'s or the tab . make �._ °� i2 ,£' �'�:s"% iiia.i`: money; and he urged that the g^ .n ed -1'or ad dr compt i?v, Jones ,s ±lcec..i Mr. King it he did not heel that every y individual should have riqnt to start a Cir it. does le ev filed' .G. _.1. .`. :t o .,. stated F- - a �.1. 'd be L, ''.5 ,. -..iie4e. �.:i{:`4�c, �i�i.�tL' �� a Cl ?'e_.l�Cs, ii'�! th ., _r:.n;.h ._ ��. :re co whic..h .- should e :o OW P. dPp-^'*. his taxicabs, k.. .. .,H i,'. s .'i`': '-eJn.a:'.d l"i._ 'k1s oI_;,IcsC't.-e`a to the p ract iCe J -,S and M r . C o:n eros :_ �. '� +: t a y,. ,. rec..or !, {yf Traffic +3 !-1;moi Transit, stitefiri .u,as no'?. he ¢ ,t of k- franchise., i e'e.ei`. e .. 8s.;' E S�wi!i..i�a�kse„ . .is i;_€^r o'e'e.:f_'' of a tc.xioab con E1�,r 4'-1 l`i ` =:i. t ui' 3' �':%'�.; Cab Company'„ also expressed oppose- k _ d:a;'sal frail :;'-ire: or permit being issued because of the lack of e xists in the ?:r`»a�i,.c,k:' business right now,expressed the He o1.;'s ;aorn hat t ; i—e is no :-.;;eta for aak••/ a oli$ioircal taxicabs and that a company ._aaa2oot ' pe ato1 _ .with only one , i:9 xiS.ak.Jo Minutes Regular Council Meeting August 11, 1982 Page 9 Council Member Hawkins pointed out that this is a vehicle that is operated under another permit now and approval of this franchise will not increase the number of taxicabs in the City. Also speaking in opposition to the franchise was Mr. Victor Moreno of Redtop Company. He stated that the burden of proot of need is supposed to be filed by the new company. He expressed the opinion that there was no need for an additional taxicab company. City Manager Martin commented on the staff's recommendation and stated that they share the concern of the taxicab owners about issuing a franchise for only one taxicab, but there is nothing that can be done until the franchise ordinance is amended. He expressed the opinion that the City should consider the suggestion that a moratorium be placed on approving taxicab companies until the ordinance can be amended. Mr. Joe E. Manuel, Starr Cab Company, also indicated that he saw no need for any more franchises because business is below average and no one is making much money. Mr. Eldridge then spoke in rebuttal to the remarks made by the taxicab companies. He noted that King Taxicab Company works only the Airport area; Yellow Cab will not work in the black neighborhood nor will King Taxicab Company. He stated that he is making money because he works hard and covers areas that the other companies do not. Speaking on another matter was Mr. J. E. O'Brien, 4130 Pompano, who referred to ordinance "j91 which was the resolution expressing opposition to the Public Utility Commission for their approved rate increase for Central Power & Light Company. He stated that he was 100% behind the Council on . this matter and urged that they pursue their objective in having this rate increase reduced. There were no further comments on the new ordinances or the second and third reading ordinances. * * * * is * * * * * * * Mayor Jones announced the public hearing on four zoning cases. Assistant City Manager Tom Utter announced the public hearing on Application No. 782-5, Mr. & Mrs. Quirino Perales, for change of zoning from "R-2" Multiple Dwelling District with "SP" to "AB" Professional Office District After researching the August 11, 1982 minutes, page 10 is missing from the original document and the microfilm. Minutes Regular Council Meeting August 11, 1982 Page 11 A motion was made by Mayor Pro Tem Turner that the zoning of "AB" be approved for Application No. 782-6, seconded by Council Member Dumphy and passed unanimously. * * * * * * * * * * * * * Assistant City Manager Utter announced the public hearing on Application No. 782-7, Mr. Robert Maldonado, for change of zoning from "B-1" "Neighbor- hood Business District to "B-4" General Business District on the west one-half of Lot.5 and all of Lot 6, Block 4, Morris and Mitchell's Extension of South End Addition located on the northeast corner of Brownlee Boulevard and Morris Avenue. He informed the Council that both the Planning Commission and Planning Staff recommend approval. No one spoke in regard to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Mayor Pro Tem Turner that the zoning of "B-4" be approved for Application No. 782-7, seconded by Council Member Hawkins and passed unanimously. * * * * * * * * * * * * * Assistant City Manager Utter announced the public hearing on the amend- ment to amend Article 7A, Section 7A-2, Use Regulations of the "T -TA" Travel Trailer Park District, by adding thereto new subsections to read as follows: Any of the following uses provided such uses are accessory to the use of the property as a travel trailer park and do not occupy more than 1/3of the area within the travel trailer park development, a) Barber shops; b) Beauty parlors; c) Dry cleaning receiving stations; d) Self --service laundries (clothing or car wash); e) Drive-in restaurant and other restaurants, but excluding taverns, lounges, and bars; f) Convenience grocery stores of less than 4,000 square feet;g)Child care centers; h) Filling stations and to Amend Article 7A, Section 7A-2, Paragraph (1) to read in part: °° e . , . , .such area occupied by a travel trailer park may be less than three (3) acres in size if operated in conjunction with, in the same ownership of, and contiguous to or directly across a public right-of-way of not more than one hundred twenty (120) feet in width, from a motel or mobile home park operation both of which constitute three (3) acres or more in size meeting all zoning ordinance requirements." Minutes Regular Council Meeting August 11, 1981 Page 12 Council Member Gulley departed the Council chamber to avoid a possible conflict of interest. Mr. Utter informed the Council that both the Planning Commission and Planning Staff recommend approval of these amendments. Council Member Zarsky inquired if al! of the types of businesses listed would be allowed to be located in trailer houses. Mr. Utter replied that they would be allowed within a three acre trailer or mobile home park. Mr. Wenger also stated that more than likely, none of these uses could be operated in a mobile home. Assistant City Manager Utter assured the Council that the staff would have no objection to an addition to this amendment to the effect that none of these businesses could actually be located in a mobile home or trailer. A motion was made by Mayor Pro Tem Turner that the following statement be added to the amendment following the list of the various uses to be allowed: "None of the above mentioned uses would be allowed in a travel trailer or mobile home." The motion was seconded by Council Member Zarsky and passed unanimously. A motion was made by Council Member Dumphy that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. A motion was made by Council Member Zarsky that this amendment be approved including the amendment just passed by the Council; seconded by Mayor Pro Tem Turner and passed unanimously. Mayor Jones called for consideration of the following pending item: 1. Mr. Basilio Bachor from "R -1B" to "AB" on Lots 1-Z+, Block 815, Port Aransas Cliffs located on the northwest corner of Ropes and Topeka Streets. The public hearing on this case last week was recessed until a full Council could be present because the 20% rule is in effect. The Planning Commission recommends denial and in lieu thereof a Special Permit be granted for a doctors office building. Mr. Wenger briefly reviewed the case which was considered the preceding week and the public hearing was recessed until a full Council could be present since the 20% rule was in effect. Mr. Wenger located the area on the zoning and land use map and stated that the applicant plans to use the rear portion of the tot for parking for the building that will be constructed on the front portion. He then showed slides of the area. No one spoke in regard to this case. :-' 1Vlinutes Regular Council Meeting August 11, 1982 Page 13 A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Council Member Kennedy that on the application of Mr. Basilio Bachor that the zoning of "AB" be denied but in lieu thereof a special permit be approved in accordance with the site plan that had been submitted; seconded by Council Member Zarsky; and passed unanimously. * * * * * * * * * * * * * A motion was made by Council Member Gulley that a moratorium on addi- tional taxicab franchises be established for six weeks in order to provide an opportunity for the staft to study possible amendments to that ordinance; seconded by Mayor Pro Tem Turner; and passed unanimously. Council Member Hawkins referred to the inducement resolution for the organization the Whole Life Corporation and expressed concern about establishing tax exempt status to organizations such as this because there should be an opportunity to provide housing for people who are really in need and this would not do so. City Manager Martin explained that the City is initially setting up this corporation in accordance with the laws of the State of Texas. He stated they are proposing that in addition to the bylaws, that the following statement be included in the guidelines: "It is the Corporations°s intention to encourage projects which serve low and moderate income areas." Assistant City Manager Utter assured the Council that this statement will be included in the guidelines which have been established in addition to the bylaws. He explained that the bylaws are the same as those authorized for the Corpus Christi Housing Finance Corporation, the Corpus Christi Industrial Development Corporation, etc. He stated that they would like to have the guidelines approved as well. City Manager Martin suggested to the Council that they might wish to include the requirement that the facilities constructed should be on the tax rolls as well. Council Member Gulley inquired if these guidelines would also be included in the agreement with various corporations that may be formed. City Manager Martin stated that at this time, only retirement homes will be considered for this program, and the staff is suggesting that as soon as one has come forward, this same type of program could be used for others. Minutes Couricii Meet;ng 1.932 Page ILL A.F.itIor Pro Tom Turner stated that. this corporation is primarily for Trinity Towers and eitposi:tion to this !imitation. Council MelilbET:r Gulley made the obz..ervation that pro -gram; was devised SeVeraMavor l churches. Jones c::o.nciurr,..-d. by i.L4a1ing that t Lai -ted oi:Lh one church arid H;(,..-veral. other i.:-.hurches joined in the project, he also F:t3ted that residents of Le proposed 1--vti.,Th': pry: r.t:)t 'i.17-iited to k)-1: urches, .bu t win be open I'm- anyone, City Mana.ger 1artn sated that one ,-.-if the gu:Idelin(F.,s sper.rifies that this facility should 0 opp.prtut,--4ity CounCl• Momer H,Fyyvktrts he was cf- the City triat nart of te purpose. of this Cu t&e Wouio co-,,stt hr ;ow .Lnd rinL)derFit,..,-!: income. Loeecd Mem!.34.;„-;!-- kts,nr,,,adv CA C.: Orn e undr- h t ht ti C.',ounoti" adopt they're 3 0) 4 ., Member ennedy 1atedzhat FICA 1-, hat there othoi. g..4-i-ettit."; that h proposed qu.denes finar)cing rE.,AtireE=nt that qevr- 0C5 h00. Hno are s-c.-.a]iy to a Le rage Mekiaagreed that be hmited to tat-Aftuie's tortoede, S ri0 rthe 5C LA SS; '01 h7-; -I: C.hy '73,-...-.7,retary Read Councfl for t-e',r votes; ycre Mi nutes Regular Council Meeting August 11, 1982 Page 15 FIRST READING: GRANTING PINKIE ELDRIDGE, JR. DBA PINKIE'S TAXICAB COMPANY, A FRANCHISE FOR THE PURPOSE OF OPERATING TAXICABS. 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 Faye." FIRST READING: REPEALING CHAPTER 15, CORPUS CHRISTI CODE, AND ORDINANCE NO. 6855 AND SUBSTITUTING THIS ORDINANCE; CREATING THE OFFICE OF EMERGENCY MANAGEMENT AND ESTABLISHING ITS POWERS, DUTIES AND RESPONSIBILITIES; PROVIDING FOR THE DECLARATION OF A STATE OF DISASTER; AND ESTABLISHING OTHER PROVISIONS RELATED TO EMERGENCY MANAGEMENT, INCLUDING A PENALTY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye." ORDINANCE NO. 17188: CLOSING THE NORTHERN 20 -FOOT WIDE UNIMPROVED ALLEY ABUTTING LOTS 7 THROUGH 14, IN BLOCK 2, JONES ADDITION, BETWEEN MEXICO STREET AND JOSEPHINE STREET; 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. 17189: AUTHORIZING CHANGE ORDER NO, 1 TO THE CONTRACT WITH M & M CON- STRUCTION COMPANY FOR THE FIXED BASE OPERATOR RAMPS AT THE AIRPORT; APPROPRIATING $11,000 FOR THE CHANGE ORDER; 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. 17190: AUTHORIZING A CONTRACT WITH COMMUNITY DEVELOPMENT CORPORATION FOR PROFESSIONAL HOUSING SERVICES, APPROPRIATING $30,000 TO SUPPLE- MENT PREVIOUSLY APPROPRIATED FUNDS FOR THE CONTRACT; 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. 17191: AUTHORIZING A CONTRACT WITH COASTAL BEND ALCOHOLIC REHABILITA- TION CENTER, INC., FOR AN ALCOHOLIC DETOXIFICATION PROGRAM; APPROPRIATING $40,000 FOR THE CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gullley, Hawkins, Kennedy and Zarsky voting "aye." Minutes Regular Council Meeting August 11, 1982 Page 16 RESOLUTION NO. 17193: RESOLUTION AUTHORIZING THE CREATION OF CORPUS CHRISTI HEALTH FACILITIES DEVELOPMENT CORPORATION; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Kennedy and Zarsky voting "aye"; Turner, Gulley and Hawkins voting "no". ORDINANCE NO. 17206: PROTESTING THE FINAL ORDER OF THE PUBLIC UTILITIES COMMISSION IN DOCKET NO. 4400 (RURAL CASE), AUTHORIZING A RATE INCREASE FOR CENTRAL POWER AND LIGHT COMPANY; PROTESTING IMPLEMENTATION OF THE APPROVED RURAL RATE TO THE CITIES AS A SYSTEM -WIDE INTERIM RATE DURING CENTRAL POWER AND LIGHT COMANY'S APPEAL OF THE INDIVIDUAL CITY DETERMINATIONS; AND ENCOURAGING THE PUBLIC UTILITIES COMM SSION TO RECONSIDER ITS FINAL ORDER AND ADOPT THE RECOMMENDATIONS PRESENTED BY THE CONSORTIUM OF CITIES FROM TEXAS MUNICIPAL LEAGUE REGIONS 7, 11 AND 12; 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 THE CITY CODE, CHAPTER 2, DIVISION 3, INDUSTRIAL BOARD, TO BE RENAMED THE CORPUS CHRISTI BUSINESS DEVELOPMENT COMMISSION; AND PROVIDING FOR MEMBERSHIP AND A CHAIRMAN. 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 A LEASE AGREEMENT WITH THE AMERICAN LITTLE LEAGUE FOR FIVE YEARS IN BOTSFORD PARK FOR USE AS A RECREATIONAL AREA. 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." ORDINANCE NO. 17194: AUTHORIZING FARM LEASE AT THE INTERNATIONAL AIRPORT WITH JOHN H. KELLY FOR A TERM OF FIVE YEARS. 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." ORDINANCE'NO. 17195: 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 third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye. l'! ORDINANCE NO . 17187: AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH HARBOR PLAY- HOUSE, INC., FOR A 20 YEAR LEASE OF THE COMMUNITY THEATRE BUILDING. Minutes Regular Council Meeting August 11, 1982 Page 17 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." ORDINANCE NO. 17196: 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 third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye." ORDINANCE NO. 17197: AMENDING CODE SECTION 35-161 TO INCREASE SURETY BOND REQUIRE- MENTS; 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 third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye." ORDINANCE NO. 17198: 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 third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye." ORDINANCE NO. 17199: AMENDING THE PLATTING ORDINANCE NO. 4168 TO REFLECT AMENDMENTS THAT HAVE BEEN MADE TO ARTICLE 974(a) OF VERNON'S TEXAS CIVIL STATUTES AND A FEE STRUCTURE TO COVER ADMINISTRATIVE AND REVIEW COSTS OF THIS PROCESS. 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." ORDINANCE NO. 17200: AMENDING THE PLATTING ORDINANCE, BY AMENDING SECTION V - REQUIRED IMPROVEMENTS, SUBSECTION B, MINIMUM STANDARDS, BY CHANGING PARA- GRAPH 11 ST EET LIGHTS. 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." ORDINANCE NO. 17201: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MR. & MRS. QUIRINO PERALES BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 2, BLOCK 1, LENA PEARSE ADDITION FROM °1R-2" MULTIPLE DWELLING DISTRICT WITH SPECIAL PERMIT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the followingrvote:rJones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting aye. Minutes Regular Council Meeting August 11, 1982 Page 19 Mayor Pro Tem Turner inquired about the portable buildings that were purchased for the Headstart Program. Mr. Utter explained that the Headstart Program officials have not moved forward to acquire those buildings. Mrs. Turner then suggested that it might be possible to consider a port- able building for the Lindale Recreation Center. Mr. Put Hill, President of Jess Edwards, Inc., stated that he has met with the City staff in regard to the 400 acres they own on Saratoga Boulevard on both sides of the street. He explained the difficulties in obtaining water extension lines and noted that they have volunteered to pay for a water extension but they would like to have a water meter in their industrial park. He stated that he will pay for the extension of the water line and the fire hydrant, noting that his water lines run parallel to those of the City's. He stated that they would like to construct a water line that is large enough to provide good pressure. Assistant City Manager Lantos explained that he is aware of the location and problems but he is not familiar with Mr. Hill's proposal. He informed the Council that the staff has been reluctant to extend the existing line further because of the decrease in water pressure and there are some real problems associated with this. He asked that his staff be allowed to study this further and prepare a report. He noted that the 6" line serves the Roloff properties and several homes and the City has had to turn down request for water in that area. He then asked Mr. Hill if here'pl.anned to plat his property, and Mr. Hill stated that he did not plan to at this time. Mr. Guy Winstead addressed the Council in regard to a zoning application at which time the staff had informed him that it would be heard on August 17, 1982; he stated that he made arrangements with the people to have the hearing but the hearing was changed. Mr. Wenger addressed the problem that Mr. Winstead had presented and explained that he had asked some staff members when they could appear before the Planning Commission. He explained that at the time Mrs. Winstead called, the Planning Department had an opening on the 27th, but before they submitted their application the meeting was filled with other zoning cases, and at about the same time, the Code of Ethics ordinance was passed by the Council which requires that all zoning applications be accompanied by a disclosure statement, After researching the August 11, 1982 minutes, page 18 is missing from the original document and the microfilm. Minutes Regular Council Meeting August 11, 1982 Page 20 and at the time the staff wrote to the Winsteads they failed to include the statement . in their letter. He explained thatl the Winsteads were informed that the case could be heard on August 31, 1982 if the disclosure statement was submitted. Mrs. Winstead indicated that she had the disclosure statement with her; Mr. Winstead signed the document and presented it to Mr. Wenger with the assumption that the case would be set for August 31, 1982 if possible. * * * * * * * * * * * * * There being no further business to come before the Council, on motion by Council Member Gulley, seconded by Mayor Pro Tern Turner, and passed unanimously, the Regular Council Meeting was adjourned at 5:37 p.m., August 11, 1982.