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HomeMy WebLinkAboutMinutes City Council - 07/03/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 3, 1984 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: David Berlanga, Sr. Welder Brown Leo Guerrero * Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read 1 .4 Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Mr. Mario Herrera in the absence of the invited minister, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Betty Turner. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Council Member David Berlanga that the Minutes of the Special Council Meeting of June 25, 1984 be approved as presented; seconded by Council Member Leo Guerrero; and passed unanimously. Mayor Jones then recognized a representative of the Hershey Hotel. Mr. Douglas Smolinski, General Manager of the Hershey Corpus Christi Hotel, presented to the City Council a check in the amount of $7,500 in support of the Palms Up Fund. He also presented a large Hershey bar to the City Council as a symbol of their name. Mayor Pro Tem Turner expressed appreciation to the Hershey Hotels and expressed the desire that other hotels consider similar contributions. MICROFILMED Minutes Regular Council Meeting July 3, 1984 Page 2 * * * * * * * * Mayor Jones announced the bid opening on the following engineering project: L -Head Ramp Improvements - Entrance to be widened to accommodate three vehicles and an asphalt overlay on the ramp from East Shoreline Boulevard to the baitstand location. Assistant City Manager James K. Lontos opened bids on this project from the following companies: Black Brothers Construction Company; Ibanez Construction Company; W. T. Young Construction Company; and King Construction Company. Mayor Jones stated that the bids will be tabled for 48 hours, pursuant to the requirements of the City Charter and referred to the Staff for tabulation and recommendation. Mayor Jones called for consideration of Action from the Workshop Meeting on the following item: 1. Approving $7,500 in funding from Revenue Sharing for Hialco to be disbursed during a three month period at the rate of $2,500 per month, contingent on withdrawal of complaint against P.I.C. staff. A motion was made by Council Member Berlanga that the foregoing item be confirmed, seconded by Council Member Brown and passed by the following vote: Jones, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Turner and Kennedy, absent at the time the vote was taken. Mayor Jones called for consideration of the Consent Motion on the following items: 1. Bids be received July 18, 1984 for approximately 6,800 linear feet of six (6) foot wide cart paths at the Corpus Christi Golf Center. 2. Approval of a twelve months supply agreement, with option to extend for two additional twelve months periods, subject to the approval of the seller and the City Manager, or his designee, for complete temperature control maintenance, based on low bid, to Automatic Temperature Controls, Inc., for the total amount of $14,830.45. Facilities included are City Hall, Utilities Building, Police Building, C.C. Museum, International Airport, La Retama Library, Parkdale Library, Greenwood Library, Health Department, and Bayfront Auditorium. lutes regular Council Meeting July 3, 1984 Page 3 3. Approving the purchase of 244 parking meters for Traffic Engineering from P.O.M., Inc., on the basis of low bid for the total of $31,392.44. The meters are for replacement and for installation at Municipal Parking Lot No. 1, and Mesquite and Chaparral Streets between I-37 and Twigg Street. 4. Authorizing publication of notice offering for sale to the general public of a 25.58 acre tract of land near Carbon Plant Road north of the Westside Sanitary Landfill, and authorizing receipt of bids prior to 10 a.m. July 30, 1984. The Port of Corpus Christi has requested that the City sell this land to the Port to be used for disposal of spoil from dredging the ship channel. Council Member Slavik referred to item 1 and inquired if these are not purchased what the retainer funds could be used for, and City Manager Martin replied that they could be used for any other function at the Golf Center. He explained that the cart paths will direct where the golf carts should go. Mayor Jones further explained that without the use of these, a great deal of damage could be done to the Golf Course, particularly in rainy weather. Council Member Mendez referred to item 4 and noted that the Council has discussed the possibility of better communication between the City Council and the Port of Corpus Christi to discuss some of the plans the Port has. He stated that he has no quarrel with the sale of the land but he urged better communication with the Port Authority. Mayor Jones inquired if Mr. Mendez felt that a luncheon meeting should be set up with the Port on some Tuesday and Mr. Mendez indicated his concurrence. Council Member Berlanga also referred to item 1 and inquired if the Oso Golf Course had established similar paths. Mayor Jones replied that they have not except in some areas for short distances. City Manager Martin explained that it should be done at the Oso Golf Course but there is a lack of money for this purpose. He explained that the City has the concession on the golf carts at the Golf Center which generates funds for improvements. Council Member Mendez stated that many people from the Pan American Golf Association have mentioned to him that the carts do a lot of damage and he expressed the opinion that many improvements should be in order at the Oso Golf Course prior to the National Golf Tournament to be held by the Pan American Golf Association next year. Minutes Regular Council Meeting July 3, 1984 Page 4 5. Authorizing an amended application for Federal assistance to the Federal Aviation Administration for $827,145 for 1983-84 Airport Improvement, with the funds to be used for the Chaparral Apron/Northwest Hangar Site Improvement Project. A pre -application previously submitted included the expansion of the west concourse and holdroom. An application for funds for this work will be submitted to the Federal Aviation Administration as soon as plans and specifications have been approved and bids received. The City will still be entitled to the funds tentatively authorized by the Federal Aviation Administration for 1983-84. 6. Authorizing the City Manager or his designee to submit a HUD rental rehabilitation program application and proposal to the U.S. Department of Housing and Urban Development for $173,900. 7. The following actions be taken on the Pedestrian Crossing at Peoples Street and Shoreline Boulevard: a. The project be accepted and final payment of $11,378.22 be authorized to A. Ortiz Construction & Paving, Inc. b. The contractor be granted a 40 day time extension against a 49 day contract overrun due to delays in the delivery of materials, and liquidated damages of $55.00 per day for the remaining 9 days be charged for a total of $495.00. The total cost of this 7th Year Community Development Block Grant project was $69,460.03. 8. The amendments of Federal Aviation Administration AIP grants 3-48-0051-01 and 3-48-0051-03 be accepted and fund balances be allocated for drainage improvements and depression correction projects for Runway 17-35. 9. A public hearing be held on July 17, 1984 on the closure request of a 15 foot wide unimproved alley in Block 3, Bayview Addition Unit 2. This alley extends from Craig Street to Morgan Avenue, and the request for closure was made because the applicant desires to expand a business across the Morgan Avenue end of the alley. Council Member Slavik referred to item 9 and expressed concern about closing the alley that extends from Craig Street to Morgan Avenue. She stated that she is particularly concerned with Lot 8 of Block 3. Mr. Lontos stated that Lot 8 apparently has access to the alley but the Staff will check this prior to the public hearing. City Manager Martin pointed out that most new subdivisions do not have alleys. Council Member Berlanga suggested closing the entire alley instead of just the 15 -foot wide portion. utes ,gular Council Meeting July 3, 1984 Page 5 Council Member Brown noted that this type of thing could be discussed during the public hearing on July 17th. City Manager Martin informed the City Council that item 16 which is listed under Consent Ordinances in reality should be a motion and suggested that it be considered as a part of this portion of the Agenda. 16. The following actions be taken in connection with the 10 -foot wide street closure request for the north end of O'Neill Street as heard by public hearing on June 26, 1984: a. That the request to close street be denied. b. That the continuance or extension of O'Neill Street through Brett Addition, Lot 3, Block 1, is impractical and in conflict with the overall neighborhood plan; therefore, a cul-de-sac should not be required. c. That a condition of "no access from O'Neill Street" be placed on the plat of Brett Addition, Lot 3, Block 1. d. That a screening fence, as required, be constructed along the boundary of Brett Addition, Lot 3, Block 1, including the portion across O'Neill Street. Mayor Jones ascertained that no one in the audience wished to speak in regard to the Consent Motions. A motion was made by Mayor Pro Tem Turner that Consent Motions, items 1 through 9 and item 16 be approved; seconded by Council Member Guerrero; and passed unanimously by those present and voting. Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 10 through 23, with the exception of item 16. He inquired if there is some type of law that requires the loser of the law suit to pay the court expense. City Manager Martin stated that this did not apply in this type of law suit. He stated, however, that if Mr. Davis had won the case, the cost would have been about $600,000. Council Member Slavik referred to Ordinance No. 13 pertaining to the cost of South Staples Sanitary Sewer Trunk Line Phase I on which the original contractor had defaulted and inquired about the cost to the City. City Manager Martin stated that it was approximately $200,000 but the City expects to recover fully from the bonding company. Mayor Pro Tem Turner referred to Ordinance No. 15 which appropriates funds for the purchase of equipment, furniture, etc. for the Five Points Fire Station and asked about the remaining balance in the Fire Department Building Fund. Minutes Regular Council Meeting July 3, 1984 Page 6 City Manager Martin stated that it is quite a lot but out of that amount, the City must purchase land and construct fire stations in the Weber -Everhart area. He stated that there is also another station planned for Padre Island. He then explained the procedure to be followed by the Purchasing Agent to obtain bids on this equipment, noting that he will solicit bids by telephone and if the money has already been appropriated, he can immediately place an order. He explained that the furniture and fixtures should be ordered now in order to be ready when the building is completed. Council Member Brown referred to the first reading of Ordinance No. 17 which is a lease agreement with the Oso Pony Baseball League and inquired about the cost of the lease. Assistant City Manager Tom Utter stated that it would be $1 a year but they do have to maintain the property. City Manager Martin provided an explanation of Ordinance No. 14 which authorizes aerial photography and planimetric maps to be used for sanitary sewer extensions in four areas of the City. He explained that the Staff is attempting to move projects forward as soon as possible and this photography will allow the facilitation of plans for sewer lines at a small expense. Assistant City Manager Lontos stated that they need to know the existing conditions of the street so that the Staff can determine where the water and sewer lines will be placed. He explained that this will save the time of crews actually going out to survey on the ground and will represent quite a savings in money and staff time. Mayor Jones called for comments from the audience on Ordinances 10 through 23. Mr. Henry Cosling referring to Ordinance No. 14 and inquired if the photography would include the area from Mediterranean down to Yorktown Boulevard, which would be Laguna Vista Shores, and City Manager Martin replied that it does cover that subdivision. There were no further comments on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 10. ORDINANCE NO. 18310: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 20 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $13,278; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". ates jular Council Meeting July 3, 1984 Page 7 11. ORDINANCE NO. 18311: APPROPRIATING $4,691.98 FOR LEGAL FEES AND SERVICES IN CONNECTION WITH CORPUS CHRISTI BEACH PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 12. ORDINANCE NO. 18312: APPROPRIATING $13,000 FROM THE NO. 205 WATER BOND FUND IN CONNECTION WITH THE IH -37 WATER LINE RELOCATION PROJECT AND AUTHORIZING THE STAFF TO SECURE NECESSARY APPRAISAL SERVICES AND ACQUIRE FIVE UTILITY EASEMENTS AT SHARPSBURG ROAD AND IH -37; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 13. ORDINANCE NO. 18313: APPROPRIATING $75,000 FROM THE NO. 250 SANITARY SEWER BOND FUND FOR PAYMENT TO MAVERICK CONSTRUCTION COMPANY FOR PARTIAL COMPLETION OF THE SOUTH STAPLES SANITARY SEWER TRUNKLINE EXTENSION PHASE I PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 14. ORDINANCE NO. 18314: AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH WILLIAMS-STACKHOUSE, INC. BY ACCEPTING THE PROPOSAL DATED APRIL 12, 1984, WHICH PROVIDES FOR AERIAL PHOTOGRAPHY AND PLANIMETRIC MAPS FOR USE IN PLAN PREPARATION FOR SANITARY SEWER EXTENSIONS; APPROPRIATING $8,900; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 15. ORDINANCE NO. 18315: APPROPRIATING $10,000 FROM THE NO. 260 FIRE DEPARTMENT BUILDING BOND FUND FOR THE PURCHASE OF FURNITURE, APPLIANCES AND EQUIPMENT RELATED TO THE OPERATION AND MAINTENANCE OF THE FIVE POINTS FIRE STATION; AUTHORIZING THE STAFF TO PURCHASE SAID EQUIPMENT BASED ON COMPETITIVE BIDS FROM VARIOUS SUPPLIERS AND VENDORS; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting July 3, 1984 Page 8 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 16. (This was considered as a motion -- see page 5) 17. FIRST READING: AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE OSO PONY BASEBALL LEAGUE FOR THE LEASE OF A 15.411 ACRE TRACT OF LAND FOR THE PURPOSE OF CONDUCTING A PONY LEAGUE BASEBALL PROGRAM. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 18. SECOND READING: AUTHORIZING MODIFICATION OF THE GROUP HOSPITALIZATION RATES, AND BENEFITS; PRESCRIBING COST-CONTAINMENT MEASURES AND OPTIONAL PARTICIPATION IN THE HEALTH MAINTENANCE ORGANIZATION; AUTHORIZING THE CITY MANAGER TO EXECUTE LETTERS OF AGREEMENT OR UNDERSTANDING WITH THE COLLECTIVE BARGAINING UNITS; AUTHORIZING THE CITY MANAGER TO MAKE SUBSEQUENT MODIFICATIONS IN ALL AREAS OF THE PROGRAM PURSUANT TO THE POLICIES SET FORTH HEREIN; REPEALING ALL CONFLICTING ORDINANCES. The foregoing ordinance was read for the second time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 19. SECOND READING: AMENDING THE PLUMBING CODE OF THE CITY OF CORPUS CHRISTI BY ADDING A NEW APPENDIX I - WATER CONSERVATION. The foregoing ordinance was read for the second time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 20. SECOND READING: AMENDING ARTICLE XI, COMMERCIAL AND INDUSTRIAL WASTE DISPOSAL STANDARDS, OF CHAPTER 55, UTILITIES, OF THE CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR THE REGULATION OF COMMERCIAL AND INDUSTRIAL WASTE DISPOSAL AND PRETREATMENT; PROVIDING A STATEMENT OF PURPOSE AND POLICY; PROVIDING AN APPLICABILITY CLAUSE: DEFINING TERMS: PROVIDING GENERAL PROHIBITIONS, LIMITATIONS AND REGULATIONS; PROVIDING PRETREATMENT STANDARDS AND REGULATIONS; ADOPTING FEDERAL CATEGORICAL PRETREATMENT ides jular Council Meeting July 3, 1984 Page 9 STANDARDS; REQUIRING PERMITS; ESTABLISHING FEES; PROVIDING INDUSTRIAL WASTE DISCHARGE PERMIT REPORTING, MONITORING AND INSPECTION PROCEDURES; PROVIDING FOR AN ABNORMAL SEWAGE SURCHARGE; ESTABLISHING ENFORCEMENT PROCEDURES; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. The foregoing ordinance was read for the second time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 21. THIRD READING - ORDINANCE NO. 18316: AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR GRAZING PURPOSES WITH MR. AND MRS.. JOE A. HANSLER, FOR A 28.06 ACRE TRACT ACQUIRED IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 22. THIRD READING - ORDINANCE NO. 18317: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND TIM CLOWER, R. C. ALLEN, WES LEDFORD AND DIANA CHEEK, TOMMY THOMPSON, ALFRED EDGE, GARY BURSHELL AND DIOCESE OF CORPUS CHRISTI FOR THE ANNEXATION OF BRIGHTON VILLAGE UNIT 3 AND BRIGHTON VILLAGE UNIT 4 AND APPROXIMATELY 9 ACRES OF LAND OUT OF LOTS 9 AND 10, SECTION 11, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 23. THIRD READING - ORDINANCE NO. 18318: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI, PENDARIS CORPORATION AND LUTHERAN CHURCH MISSOURI SYNOD FOR THE ANNEXATION OF WOOD RIVER UNIT 6, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". * • * • • ■ * Minutes Regular Council Meeting July 3, 1984 Page 10 Mayor Jones referred to the Regular Agenda and called for consideration of the motions. 24. Approving the request by the Mexican Unity Council to close 1500-1600 blocks of North Shoreline Blvd., and have use of the sidewalks, medians, seawall and Barge Dock for Feria Hispanica to be celebrated on August 17, 18, and 19, 1984. Mayor Jones stated that he felt that this was a good action since most of the parties concerned seem to be in agreement with this location. No one spoke in opposition to this request. Mr. Oscar Reyna addressed the Council and stated that he hoped that they could obtain electricity for lighting below the barge dock. He expressed appreciation for the compromise that had been worked out. Council Member Mendez commended Mr. Reyna for becoming involved in this and obtaining the cooperation of the hotels in the area. Council Member Berlanga referred to the barge dock and noted that there is no railing. He inquired who would be liable if someone should fall in or be hurt, and Mayor Jones stated that it will not be the City's responsibility because a large insurance policy is required as a part of the permit. Council Member Mendez continued by stating that KUNO had the Mexican Festival in Greenwood Park and it was very successful. He noted that that park contains 68 acres of land and he hoped that more clubs or groups would consider this park for large events. Council Member Guerrero agreed that it was a very successful event, noting that 3,000 children used the pool on those few days and there were very few accidents. He suggested that there is a lack of shade in that park, however. Council Member Guerrero then made a motion that one-third of the proceeds that were collected from this event go back into Greenwood Park for planting improvements. He stated he made the motion because he felt it would be easier to develop Greenwood Park rather than Corpus Christi Beach for such events. City Manager Martin stated that that was a good idea but pointed out that the City's share of the revenue was designated for a charitable organization and he did not think that funds could be taken from that source. Council Member McComb questioned the idea of improving a park or another area for particular events, noting that it should be for the general public. He expressed the opinion that this should be referred to the Park and Recreation Department or the Park and Recreation Board to study where such events should occur. otos ,ular Council Meeting July 3, 1984 Page 11 Council Member Guerrero stated that he did not intend to deviate from policy and the purpose of the motion was to magnify the importance of this particular park. Council Member Guerrero then changed his motion that this matter be referred to the Park and Recreation Board for evaluation that one-third of the funds generated at the KUNO event at Greenwood Park go back into improvements for the park. The motion was seconded by Mayor Pro Tem Turner. Council Member McComb reiterated that this event was advertised for the benefit of therapeutic recreation and he felt that the funds should be designated for that purpose. Council Member Guerrero stated that he just wanted to ask that the Park and Recreation Board evaluate the possibility of funds being designated for the purpose of improving Greenwood Park. The motion then passed unanimously by those present and voting. A motion was made by Council Member Mendez that item 24 be approved, seconded by Council Member Berlanga and passed unanimously. 25. Approving the staff's planning recommendations for solid waste disposal facilities. A motion was made by Mayor Pro Tem Turner that the Staff recommendation be approved, seconded by Council Member Berlanga. Council Member Guerrero stated that he is concerned about the access to the landfill and he would like to ask the Staff to consider an alternate route rather than Greenwood. City Manager Martin stated that this could be done as long as it is an evaluation and is not direction. He stated that when the City Staff returns to the Council for the purchase of land, they could have an alternative plan for access. Council Member Guerrero stated that if there is no other access to the facility, he would like to know how the traffic problem could be resolved. Mayor Jones called for comments from the audience on item 25. Mr. Henry Cosling, Attorney representing the Simcik heirs, stated that they own the land on which the recommendation has been made to purchase land for the landfill. He stated that his clients are totally in disagreement to the purchase of this land for a landfill because they have lived there for many years. He stated that they have recently made plans to develop this land as a light industrial park. He pointed out that the Simcik property already is in bad condition because of debris blowing from the existing dump. Minutes Regular Council Meeting July 3, 1984 Page 12 Mr. Dan Kucera, 356 Palmero, stated that the Simcik heirs met the previous evening at his home and he mentioned the names of the six people who are opposed to the sale of the land for a dump. He informed the City Council that the City has been a very unpleasant neighbor because of the debris that is allowed to blow on to their land. He expressed the opinion that some of the trash is very hazardous. He reiterated that they do not want the dump located there because of the rape of their land. Mayor Jones inquired as to the estimated length of time the Elliott Landfill will be used, and Mr. Hennings stated that it would be approximately five years. Mayor Jones continued by pointing out to Mr. Kucera that if an industrial park is developed there, it would not be very attractive to a potential developer because of its location in close proximity to the existing landfill. Mayor Pro Tem Turner stated that it is regrettable that the City has been such a poor neighbor. Mrs. Della Elsner stated that her parents acquired the property over sixty years ago; they cleared it and farmed it; and all of the children grew up there and have pleasant memories of the area. She mentioned that her sister, Ella Simcik, still lives there and plans to continue to do so. She urged that the Council do something to eliminate the blowing trash and debris from the existing landfill. Mayor Jones inquired of Mrs. Elsner if any member of her family had ever written to the City or called to complain about the terrible conditions that exist there, and Mrs. Elsner stated that they have discussed it with Mr. Hennings and with Mr. Valenzuela many times. Mayor Jones stated that the Council was not aware of this because it had never been reported to them. Mr. Hennings stated that they had met with the people who spoke today on numerous occasions and they were particularly concerned about their drainage. He admitted that there has always been a problem with blowing trash and debris but the City has installed the highest fence possible in an effort to curtail that problem but sometimes it gets out of control. Mayor Jones explained that there are six steps that will lead to acquisition according to the recommendation. He stated that they have not considered condemnation. Mayor Pro Tem Turner inquired if the light industrial park was ever envisioned in the Master Plan, and City Manager Martin replied that they do not have a Master Plan for that area. Mrs. Elsner inquired if the City plans to purchase the entire 274 acres of their farm land. nates alar Council Meeting uuly 3, 1984 Page 13 City Manager Martin stated that if the City could afford it, they would like to purchase the entire section but he felt that this should be discussed with the owners. Council Member Guerrero suggested that the City look into the proposal to consider an alternate site as well. * Council Member Kennedy arrived at the meeting at 3:15 p.m. Mayor Jones pointed out that the City had employed someone to prepare this study; he felt that they did a good job; and the Council should consider their recommendation. Mr. Hennings agreed, stating that the focus of the firm that performed the study considered the land around the existing landfill because it is much less expensive to purchase land near an existing landfill. Mayor Jones expressed regret about the events affecting this family but the City does have disposal problems that must be dealt with. He expressed the opinion that the City should move forward on this plan. Council Member Guerrero reiterated that he felt they should look at an alternate site. City Manager Martin pointed out that if that is the situation, they need to go back to the drawing board because the bond issue addressed additional land near the existing site and the next step would not be an alternate, it would be getting ready to talk to the owners of the property. Council Member McComb noted that the property they are discussing on Yorktown and Rodd Field Road might be considered as a trading piece of property to obtain the land near the existing landfill. He stated that he supported moving forward in an attempt to acquire the land. Mr. Hennings stated that Mrs. Simcik might want to remain there and if that is true, this will be considered in negotiations for the purchase of the land. Council Member McComb referred to a transparency as displayed by Mr. Hennings and pointed out the Westside Sewer Treatment Plant, the existing landfill, the Naval Air Station, and all of that makes it difficult to develop the land even for light industrial use. Mr. Gosling stated that he had talked with the Simcik Family and they are not interested in land in another area. He pointed out that land to the west is available for developing a landfill on the other side of the sewage plant. A motion was made by Council Member Kennedy that the Staff recommendation for solid waste disposal facilities be approved, seconded by Council Member McComb and passed unanimously. Minutes Regular Council Meeting July 3, 1984 Page 14 Mayor Jones called for consideration of the ordinances from the Regular Agenda. Assistant City Manager Lontos provided an explanation of the three change orders to be approved at the Oso Wastewater Treatment Plant Contract No. 5. He stated that the City has had a number of problems with the contractor on Contract No. 4 and Change Order No. 29 is an attempt to correct some of those problems which were created by Permian Republic. He stated that they have filed a lawsuit against a supplier and against the City because of the delays. He stated that they have been holding back funds from Permian until the problems have been corrected and the law suit they filed attempts to collect some of that money. He then referred to Change Order No. 27 and stated that it is essential to protect the equipment already installed. He stated that the Staff was reasonably sure that the funds designated for Change Orders 27 and 28 will be 100% reimbursable. He also informed the Council that the Staff hopes to have the plant in operation in two or three months. Discussion followed on the numerous change orders associated with this project. City Manager Martin explained also that at times the Staff does not approve change orders submitted by the engineering firm and that is the reason there are no Change Orders 25 and 26. There were no comments from the audience on this ordinance; City Secretary Read polled the Council for their votes; and the following ordinance was passed: 26. ORDINANCE NO. 18319: APPROVING CHANGE ORDER NOS. 27, 28, AND 29 TO THE CONTRACT WITH F & E ERECTION COMPANY FOR THE OSO WASTEWATER TREATMENT PLANT CONTRACT NO. 5 WHICH PROVIDES FOR REPLACEMENT OF AIR EXCHANGE VENTS ON LIFT STATION NO. 2, REMOVAL OF CONCRETE PLUG IN SEWER LINE, PAVING, SLAB WORK, POTABLE WATER LINE FOR LIFT STATION NO. 1, HAND RAILS, PIPING, CONTROL TIMERS, MOTOR REPAIRS, AND PIPING REPLACEMENT AND SITE WORK NECESSARY FOR INSTALLATION OF CLARIFIER BRIDGES; APPROPRIATING $131,003.03; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, "absent at the time the vote was taken". City Manager Martin referred to the first reading of the ordinance providing a new rate schedule for Athena Cablevision and reviewed the events of the public hearing. He stated that Touche-Ross prepared the rate analysis of the company; they submitted a report and made recommendations compatible with 'flutes gular Council Meeting July 3, 1984 Page 15 those; and they recommended the rate increases shown on the ordinance. He stated that before the Council for consideration is the recommendation also of the Cable Commission who concurred with the recommendations of the consultant and noted that the rates are shown on the agenda. Mayor Jones called for comments from the audience and stated that he felt that this rate increase is fair and he will vote in favor of it. Council Member Mendez noted the presence of Monsignor Freeman in the audience and stated that he would probably like to speak on the subject of the religious access channel because at the public hearing, it was indicated that the Cable Commission would meet as soon as possible to deal with the problems concerning with the public access channel. Mayor Jones then called for comments from the audience. Mr. Lewis Lovelace stated that he had never had cable television but he has experience a lot of interference on his own T.V. set. He expressed the opinion that Athena service men should check periodically to see that this does not occur. Monsignor Freeman, Chairman of the Communications Commission for the Diocese and a member of the Religious Access Group in Corpus Christi, stated that he has been concerned about getting the religious programs on the air; Athena has been very cooperative and has allowed them to use Channel 10. He stated that they are concerned, though, since Athena also shows programs from CBN on Channel 10. He stated that they would like for the public access channel to remain on this channel. Mayor Jones asked about the contractual commitments of Athena for religious programs. City Manager Martin explained that Athena is obligated to make channels available for various types of public access programs and the issue before the Cable Commission which does need to be resolved is the location of the public access channel vs. the location of CBN. He stated that Athena may have some conflict there and he believed that the Cable Commission could make that decision. Assistant City Attorney Jay Doegey stated that this was on the Cable Commission Agenda last Wednesday, but they did not have a quorum and could not discuss it but they plan to do so as soon as possible and particularly, as soon as the rate has been resolved. Mr. Jerry Vestal, Minister from Parkdale Baptist Church, stated that this is a great opportunity provided by Athena and the City. He pointed out, though, that if they have to go to Channel 30, they will lose a great deal of their audience unless they have converters. He expressed the opinion that it is imperative that the religious programs have priority over CBN but he did not object to pre-empting their program by a special program by that TV network. Minutes Regular Council Meeting July 3, 1984 Page 16 City Secretary Read called for the vote on the first reading of the ordinance and it passed as follows: 27. FIRST READING: AMENDING ORDINANCE NO. 13193 TO PROVIDE A NEW SCHEDULE OF RATES FOR MONTHLY CABLE TELEVISION SERVICES BY ATHENA CABLEVISION OF CORPUS CHRISTI, INC. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". * * * * * * * * Mayor Jones announced the public hearings on three zoning cases. 28. Application No. 584-13, Mr. and Mrs. Billy Wayland Dawe: for a change of zoning from "B-3" Business District to "I-2" Light Industrial District on Lot 13, Block 2, Flour Bluff Estates Unit 2, located on the west side of N.A.S. Drive, approximately 165' south of Jester Street. Assistant City Manager Tom Utter informed the Council that in response to the twelve notices of the public hearing, one in favor and two in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend approval. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map and displayed slides of the vicinity. Mayor Jones ascertained that no one in the audience wished to speak in opposition to this case. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Brown, and passed unanimously. City Secretary Read polled the Council for their votes on the ordinance and the following was passed: 28. ORDINANCE NO. 18320: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MR. AND MRS. BILLY WAYLAND DAWE, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 13, BLOCK 2, FLOUR BLUFF ESTATES UNIT 2, FROM "B-3" BUSINESS DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, "absent at the time the vote was taken". * * * * * * * * lutes alar Council Meeting .,u1y 3, 1984 Page 17 29. Application No. 584-9, Freehold Estates of Texas: for a change of zoning from "AB" Professional Office District and "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lots 5 and 6, Block K, Lots 5, 6, and 7, Block L, and Lots 5, 6, 7, and 8, Block M, Lexington Place Subdivision, located on the south side of McArdle Road, approximately 437' west of Kostoryz Road. Mr. Utter informed the Council that in response to the twenty-six notices of the public hearing, one in favor and three in opposition had been returned. He stated that the Planning Commission and Planning Staff recommend denial of the "B-1" zoning but in lieu thereof, that "AB" zoning be granted on Lot 6 and 7, Block L and Lots 5, 6, 7, and 8, Block M, Lexington Place Subdivision and the remaining property remain zoned "AB". Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. He stated that the applicant plans the establishment of rental offices at this vicinity which was formerly used as the Corpus Christi Christian School. Mayor Jones invited the applicant to speak. Mr. Kenneth Sparks, 442 Sheridan, stated that the Christian School would really like to sell this property and they concur with the recommendation of the Planning Commission and Planning Staff. A motion was made by Mayor Pro Tem Turner that the hearing be closed; seconded by Council Member Brown and passed unanimously. City Secretary Read polled the Council for their votes on the ordinance; and the following was passed: 29. ORDINANCE NO. 18321: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF FREEHOLD ESTATES OF TEXAS, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 6 AND 7, BLOCK L, AND LOTS 5, 6, 7, AND 8, BLOCK M, LEXINGTON PLACE SUBDIVISION, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". * * * * * * * * 30. Application No. 584-3, Mr. Robert L. Koimn: For a change of zoning from "A-2" Apartment House District to "B-5" Primary Business District on Lot B, Block 8, Central Wharf and Warehouse, located on the northwest corner of Carrizo and Agnes Streets. Minutes Regular Council Meeting July 3, 1984 Page 18 Mr. Utter stated that in response to the seventeen notices of the public hearing, three in favor and four in opposition had been returned. He stated that the Planning Commission recommends denial of the requested "B-5" zoning but in lieu thereof, that a special permit be issued for nine apartment units which meet all of the parking requirements and that no parking be allowed on Agnes Street. He stated that the 20% rule is in effect which would require seven affirmative votes of the Council to approve. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. He informed the Council that the owner has requested the rezoning in order to develop a twelve -unit condominium. Mayor Jones invited the applicant to speak. Mr. Robert L. Koimn informed the Council that he wanted to build twelve units which would be small, inexpensive condominiums. He stated that at the Planning Commission Meeting, there were objections raised about possible parking problems and the Planning Commission agreed that if he could arrange for parking for nine units on this site, they might approve a special permit. Council Member Guerrero inquired if he would consider approval of seven units instead of nine, and Mr. Koimn stated that he would accept whatever was granted him but the larger units would be much more expensive and the smaller units that he would like to construct would be more reasonably priced. Ms. Bobbie Moore, 4535 South Padre Island Drive, expressed opposition to the zoning application, stating that she has interest in two properties adjacent to the subject property. She stated that she would definitely be opposed to twelve units being established as cars would be forced to park in the street right-of-way. She explained that she plans to develop her property under "AB" zoning and the parking requirements for residential under "AB" zoning is the same as in the "A-2" District which is one and a half spaces per bedroom. Mr. Utter stated that this type of project is the kind the Staff would like to encourage in the downtown area as long as it is in compliance with the City Code. He stated that they would recommend a special permit in accordance with the site plan because it is on the periphery of the downtown area and would be a good project. He stated that the Staff agrees that "A-2" zoning would be appropriate for that area in general but on this particular lot, they feel that the site plan is appropriate and a special permit should be approved. Council Member McComb inquired of Ms. Moore if she was a partner in an association and she replied that she was. He pointed out that the Planning Commission recommends approval of a special permit for nine units and inquired as to why she is opposed to that. Ms. Moore stated that they feel that the land should adhere to the comprehensive plan. She explained that she is opposed to the development of a project across the street from property on which she is planning to develop "AB" zoned building that will be two or three stories high. utes ,ular Council Meeting July 3, 1984 Page 19 Council Member Guerrero again asked Mr. Koimn if he could accept approval of seven units, and Mr. Koimn stated that the building would be the same size whether he constructs seven or nine units, the only difference being the size of the units and the required parking spaces. Mr. Scott Turner, representing the partnership on two pieces of property on which they plan to develop office complexes, stated that they are requesting "AB" zoning in a future application which is consistent with other development in the neighborhood. Council Member Mendez pointed out that one of the goals this Council established was to encourage housing in the downtown area. He stated that he felt that the site plan is in compliance with what the Council would like to have in that area. Mayor Pro Tem Turner inquired if the Council could include some requirement for some green space. Speaking in opposition to the request also was Mr. Scott Applebaum. He stated that he is opposed because he and his family own land on which they plan to develop other properties. He questioned the amount of parking that is available for nine units on the subject property, noting that there is no consideration given to guests of the residents of the condominiums. No one else spoke in regard to this zoning application. A motion was made by Council Member Mendez that the hearing be closed, seconded by Mayor Pro Tem Turner, and passed unanimously. Mr. Utter stated that he felt that some of the opposition was in regard to the lot line because they are using 5 -foot lines and they have a question as to whether or not the parking would be adequate. He stated that the Staff feels that nine units are the maximum that could be constructed and still provide adequate parking. He pointed out to the Council that the owner could build seven units under the existing zoning. A motion was made by Council Member Kennedy that the Council concur with the recommendation of the Planning Commission and Planning Staff and deny the zoning of "B-5" but in lieu thereof, that a special permit be approved for nine units meeting all the parking requirements with no parking on Agnes Street. A motion was made by Mayor Pro Tem Turner that Council Member Kennedy's motion be amended to require some landscaping on Agnes Street. The amendment to the motion was seconded by Council Member Kennedy. Mr. Utter stated that this would require a new site plan. Minutes Regular Council Meeting July 3, 1984 Page 20 Mr. Mendez expressed the opinion that the Council should not delay this ordinance if Mr. Koimn will agree to plant some greenery by working with the staff on the site plan. Mayor Jones pointed out that once the Council passes this ordinance, it is passed in accordance with the site plan already submitted and approved. There was no vote taken on the motion to amend Dr. Kennedy's motion for approval. City Secretary Read polled the Council for their vote on the ordinance and the following was passed: 30. ORDINANCE NO. 18322: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ROBERT L. KOIMN BY GRANTING A SPECIAL COUNCIL PERMIT ON LOT B, BLOCK 8, CENTRAL WHARF AND WAREHOUSE, FOR NINE CONDOMINIUM UNITS, MEETING ALL PARKING REQUIREMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb and Mendez voting, "Aye"; Guerrero and Slavik voting, "No". Mayor Jones called for the City Manager's Report. City Manager Martin stated that in terms of the school finance legislation, he wanted to call to the Council's attention one piece of the legislative package which is a bill advertised in the newspaper that imposes a franchise tax on banks and removes the ad valorem tax which will affect Municipal Governments tax base and could be very significant over the years. He stated that Deputy City Manager Ernest Briones has been in touch with the Legislators and requested that he explain it. Mr. Briones explained that there was a lot of discussion on this last year, and the banks convinced the Legislators that cities such as Corpus Christi, would recover about 70% of the tax, but this City's estimate is that Corpus Christi will only receive about 30% because different figures are being used. He stated that at some point, the banking institution's lobby even convinced Texas Municipal League Staff that this would be for the benefit of the cities and a letter was sent expressing support of the Texas Municipal League which was a mistake. City Manager Martin stated that there is not a lot that can be done about it at this time; however, but they will continue to watch the progress of the bill. City Manager Martin then reminded the City Council of the 4th of July Celebration the following evening. utes lular Council Meeting July 3, 1984 Page 21 Mayor Jones informed the Council and the audience that the 4th of July Parade will begin at 6:00 p.m.; ceremonies will be conducted in Sherill Park at 8:00 p.m.; and the fireworks display in the Marina will be at 9:00 p.m. City Manager Martin stated that he had received from Mr. George Moff a revised appraisal of property which is up $190 million. He stated that they will have the final tax rolls on July 25th and a memorandum will be sent as to what it means in tax dollars. Council Member Slavik stated that it is her understanding that Nueces County will call an election for August llth in response to the petitions they had received. She stated that she felt that the City will have to conduct an election in response to the petitions the City received in either August or in January and she felt that the August date should be called because it would save time and money if an election can be conducted in conjunction with Nueces County. Mayor Jones stated that he will ask the City Secretary to provide a report on the verification of the signatures on the petitions. Council Member Slavik pointed out that the City Council has the power to call the election with or without the verification. She then made a motion that the City Council should call an election for Charter Amendments for August 11, 1984. The motion was seconded by Council Member Berlanga. Council Member McComb pointed out that in regard to a Charter Amendment Election, he felt that since there is a Task Force under Corpus Christi '90 that is working on charter amendments at this time and has already spent a great deal of time, it would be unfortunate if a Charter Amendment Election is conducted now and any of the items were approved because it would require waiting for two years before it could be amended again. He stated that he would suggest that the Council wait until January for this Charter Amendment Election, at which time the report of the Task Force should be ready and in that way, all issues could be combined in one election. He stated that he had no intention of denying the petitioners the election but he just thought it was untimely. Mayor Jones concurred with Council Member McComb. He stated, however, that if the City Secretary verified that there are sufficient signatures on the petitions, then the Council would be forced to call the election. City Secretary Read provided a report and noted that the Council had authorized the employment of two additional people to assist in verifying the signatures on the two petitions. He verified the latest figures as of 1:00 p.m., Monday, and explained that in order to verify the signatures in time to call the August election, ten people would have to be employed. He also informed the Council that the original petitions have been supplemented since they were first submitted to the City Secretary's Office, and according to his calculations of those that have been verified at this time, they would be a little short of the appropriate number required to call the election. Minutes Regular Council Meeting July 3, 1984 Page 22 Mr. Read continued by stating that according to the Code, he could either verify all of the names or use any systematic random verification to arrive at an opinion and he has employed the systematic verification, using samples of the supplemental submissions for the ones presented yesterday. Council Member Mendez stated that City Secretary Read is entitled, under the law, to make the decision that they do have enough signatures to warrant calling an election. He stated that by next Tuesday, that decision can be made with the number of people already working on verifications. City Secretary Read stated that he could not verify that yet until additional names have been checked. He also pointed out that the Council can in turn say that they want him to check all of the names. Mayor Jones then called for the vote on the motion to call the election for charter amendments even without verification of the signatures on the petitions. The motion failed to pass by the following vote: Berlanga and Slavik voting, "Aye"; Jones, Turner, Brown, Guerrero, Kennedy, McComb and Mendez voting, "No". The motion failed to pass. Mayor Pro Tem Turner provided comments in regard to a meeting that was conducted in San Antonio in connection with their version of the Corpus Christi '90 program. She stated that 1,600 people had attended and Mayor Cisneros made the report which indicated that they plan to continue with the process as it has been started and they will appoint another committee. She stated that it was a very exciting session to see the progress planned. Council Member Kennedy noted that on July 23rd between the hours of 4 and 9 p.m., the various committees' task forces of the Steering Committee of Corpus Christi '90 will present their reports at the Bayfront Plaza Convention Center, Room 223. He stated that each task force will be allowed 30 minutes for a presentation. • * • * Mayor Jones called for petitions from the audience on matters not scheduled on the agenda. Mrs. Kathy Skidmore, 4040 Schanen Boulevard, addressed the Council and charged negligence by AID Ambulance attendants when an ambulance was called to attend her mother, Mrs. Ray Meinsen, who experienced chest pains while she was on duty as a security guard at the Corpus Christi International Airport. She explained that the attendants put a heart monitor on her mother while she was still experiencing pain, and they decided she was not experiencing a heart attack and told her to see her doctor the next day. She stated that they Utes 4ular Council Meeting July 3, 1984 Page 23 refused to take her to a hospital and Mrs. Skidmore and her brother went to the Airport to pick up their mother and it was obvious that she was having a heart attack. She informed the Council that at no time did the paramedics question her mother about the history of her heart. She stated that she had questioned attorneys and they have indicated to her that she could not file for damages against the City because the facts could not be proven. She expressed the opinion that the paramedics demonstrated gross incompetence, particularly since they did not even bother to call the emergency room or a doctor, and she felt that it was very serious because her mother had actually experienced a heart attack. Council Member Kennedy requested a full report on this matter from the Staff. He stated that Mrs. Skidmore will be contacted after the Council learns all of the facts. He stated that it does not appear that this case was handled properly. Mr. Frank Dietz, 906 Circle, addressed the Council in regard to the Water Conservation Ordinance. He stated that he and other owners of small landscape companies have addressed the Water Allocation & Review Committee and they did not seem to be able to make a decision on their request. He stated that this is an industry that is suffering unduly because of the water shortage. He stated that this business is suffering a hardship, yet other industries are allowed to continue to use water. He stated that installation of new lawns and grass is almost impossible now with the water rationing. Mr. Dietz then pointed out that there is serious damage to new homes if they are not landscaped within a week, particularly the homes that have irrigation systems which would be damaged in this case. He stated that established lawns can exist with very little water but newly established lawns must have water. Council Member Kennedy informed Mr. Dietz that the Public Health Department is examining the possibility of using nonpotable water for watering purposes, similar to that used by the municipal golf courses. Mr. Paul Werner, Water Superintendent, stated that they are examining the health problem because Dr. Buttery contends that if there is no supervised control, there might be a health problem. Mr. Dietz stated that the amount of water they need to save their industry is really insignificant. City Manager Martin explained that in Condition 2 under which the City is now operating, City Staff is doing the best they can and they are trying not to get into a situation that will affect too many jobs. He stated that if the City has to go into Condition 3, this request will not even be considered but as a matter of principle, watering lawns is something very difficult to understand. He stated that it was not the intention of the ordinance to ruin an industry Minutes Regular Council Meeting July 3, 1984 Page 24 such as the landscape business. He expressed the opinion that this is something that the City should examine. He stated that the problem is how do you distinguish one lawn from another when one neighbor is allowed to water and the other is not. He expressed the opinion that the Council should request the Water Allocation Board to examine this, and since that is not a great deal of water and it could save jobs, they might consider making the professional landscape representative supervise the watering process themselves in the case of new lawns. Mr. Dietz stated that their industry might be saved with some release such as that suggested by the City Manager. Mr. Dietz stated that there are meters in each location and the amount of water could be controlled. City Manager Martin stated that this should be based on the idea of saving jobs, not to save lawns. Mayor Pro Tem Turner stated that they are sympathetic with the citizens and they hope that the Water Allocation Committee will be able to address those concerns. Council Member McComb pointed out that people in the building industry are required by FHA regulations to install landscaping before loans can be approved. He suggested that ordinances from cities that traditionally have water shortages be examined to check on the possibility of allowing some water for new lawns. Mr. Tom Hunt, Sr., 75 Townhouse Lane, inquired of the City Secretary if the second petitions submitted would provide enough signatures to require calling the election in August. He pointed out that the Taxpayers' Association has three different petitions being signed at the same locations and if one petition is checked, it should follow that the others would have the same percentage of correct signatures. He stated that without exception, citizens are signing all three petitions. He expressed the opinion that it would not be necessary to check all of them, just one and the County is accomplishing that right now. He also pointed out that the City Secretary had used the random method of verifying petitions in the past. He pointed out that Nueces County has already indicated they will call their election; they have hired additional personnel to check the petitions; and pointed out that their right to vote is a privilege. He referred to Council Member McComb's concern that the task force for Corpus Christi '90 on the charter amendments is an important committee and will have a vital report, but he did not see anything wrong in waiting two years for calling an election on their suggestions. Mr. McComb responded to Mr. Hunt's remarks by stating that the task force will complete their work in January; however, they could expedite their findings in order to call a January election for all of the issues. He stated that the Council is interested in saving taxpayers' money and if they could wait for the report from the C.C. '90 Task Force, all of the items could be placed on the ballot at the same time. utes 3ular Council Meeting July 3, 1984 Page 25 Council Member Slavik stated that she had received many calls comparing the City with the County and pointed out that the County employed extra people to verify petitions and they do plan to have an election on August llth. Mr. J. E. O'Brien, 4130 Pompano, speaking for the Corpus Christi Taxpayers' Association, also urged that the election be called in August. He stated that the Association will hold in abeyance any legal action until this Council has had an opportunity to call the election. He threatened further action by the Taxpayers' Association if the election is not called in August. Mr. Herman Johnson, representing Turf & Irrigation Company on Airline, urged that water be allocated for landscape services. He stated that he employs approximately 75 people and their business has decreased so much that he is going to have to discharge some of them. He urged that instead of the strict rationing that is being conducted, that a surcharge be imposed on users of a certain amount of water. Mayor Jones admitted that the City Council had a lot to learn about water rationing but he pointed out that it is a fact that on Saturday, consumption of water was 110 million gallons, and on Sunday, July 1st, when the water rationing went into effect, only 70 million gallons were used. City Manager Martin agreed that the surcharge is an excellent idea but there are two problems. He stated that the use of water at this point cannot be an economic option because there is such a water shortage and the City is not prepared to allow people to pay to water their lawns. He also pointed out that there is a problem with the surcharge in that it is difficult to establish an appropriate maximum for businesses because of their different needs for water. He agreed that surcharges could be charged residential customers but there is the possibility that people would just pay for the cost of additional water which would not be fair to lower income families. He expressed the opinion that the Water Allocation & Review Committee should listen to the representatives of the businesses who had appeared here earlier. Mr. Johnson continued by stating that they were of the opinion that they could test a newly installed irrigation system with only 100 gallons of water. He also commented that the City of Port Aransas had not started water rationing and it was his understanding that all cities served from the same source as Corpus Christi should be on a similar rationing program. Mr. Paul Werner, Water Superintendent, stated that all cities have complied except Port Aransas. City Manager Martin directed that someone inform the City Officials of Port Aransas to initiate the rationing program. Minutes Regular Council Meeting July 3, 1984 Page 26 Mr. Lewis Lovelace, 1549 Casa Grande, urged that the Council ask the City Secretary to verify the petitions and have the election on August llth. He stated that he understood when it was suggested that other City personnel be asked to help, the City Manager stated that he did not have anyone available to assist the City Secretary, yet, he authorized over 100 employees to check on water usage. He urged that more assistance be provided the City Secretary. There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Mayor Pro Tem Turner, and passed unanimously, the Regular Council Meeting was adjourned at 6:15 p.m., July 3, 1984. * * * * * * * * DZ/rr