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HomeMy WebLinkAboutMinutes City Council - 10/08/1980MINUTES CITK 9F CORRPU! CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER S, 1980 2:00 P.M, PRESENT: Mayor Luther Jones Mayor Pro Twin Edward L. Sample Council Members: Dr. Jack Hest David Diaz Jack K. Oumphy Betty M. Turner Cliff Zersky iktfst City Manager R. Marvin Townsend Asst. City Attorney Bob Coffin City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City BWWI. The invocation was presented by the Reverend Lindell A. Buck of First Assembly of God Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Jack Dumphy. City Secretary Bill G. Read tailed the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally consti- tuted meeting. Motion by Turner that the Minutes of the Regular Council Meeting of September 2t, 1980 be approved as presented; seconded by Diaz; and passed unanimously. Mayor Jones_ enamored the Issuance of a proclamation declaring October 13, 1980 as "NAVY BIRTHDAY.' Mayor .tones announced the recessed public hearing on the. following matter:- Request natter; Request of the following firms that the outside city limit water policy ordinance be amended to allow the continued use of water without execution of a water contract and agreement to annex in the future, or that the ordinance be so Interpreted as to include their property in the heavy port -related industry exemption. 1. I. I. Hailey, Inc. and Terminal Transportation, Inc. - 23.5 acres between Southern Minerals Road and Up River Road. 2. Frank Bailey Grain Company. Inc., 1409 Corn Products Road 3. Berry Contracting. Inc. for a Macre vacant tract at Carbon Black Road and McZinzIe Lane (ffearns Ferry Road). The hearing was recessed on September 3, 1980 until today. ;E; hi-Ttts Hagman Cau.sa11 iet1ng Octoce., 1€, perp rage 2 City ;tanager Townsend infarcted the Ceoncfi that the applicants agreed that recessed hearing should be further recessed until November 5, 1980. Mtayor Mertes ascertain[ chat no one in the audience wished to speak on this ratter and: there was apparently no objection to further recessing the hearing. Motion by Turner that the public hearing on this item be further recessed [Inti; November 5, 1980; seconded by Dunphy; and passed unanimously. Mayor Jones then announced the recessed public hearing on the following item: Paving assessments for improvement of Hendricks Street from South Padre Island T)rive to Bush Street. The assessment roll involves eight property owners (474.555.04). Last week the hearing was recessed until 2:00 P.M. today. City Manager Townsend reminded the Council that this particular hearing was recessed the preceding weak and requested that Assistant City Attorney Bob Coffin continue the hearing. Mr. Coffin noted that last week at the point of recess. lir. Bob Sorrell was preparing to present his side of the case. Mr. Bob Sorrell, Attorney representing Mr. George Gaines and Hr. R. F. F.maord, property owners of the Colonia Hidalgo Subdivision, which is located north of Hendricks Street, presented several documents as evidence pertaining to his objection of the assessments levied against Mr. Emnord and Mr. Gaines. These documents Included a plat filed with the County of Colonia Hidalgo Subdivision; the plat of Hendricks Subdivision flied with the County on July 16, 1964; copies of two zoning maps of the City from the City zoning map of ?963 and 1970, which show the property in question.. Mr. Sorrell also presented a document from the deed records of Slueces County which refers to restrictions specifying that some of the lots in that subdivision must be developed for resi- dential use. Mr, Sorrell also presented as evidence a certified copy of Ordi- nance iso. 15667 which closes a portion of Melina Drive between the property awned by Mr. Gaines and lir. Emoord. Mr. Sorrell then called on Mr. George Gaines to testify. Mr. Gaines referred to the transparency depicting the affected property and reviewed the hearing conducted on his request to close li iina Drive. He i Ki Regular sComcsci; ttaet#ne Page 3 referred to the fact that he had arevioesiy been assessed for street improvements 0o the Padre lelaad Drive recess road welch abuts his property and pointed out that those assessments 2nd the assessments levied against his prnperty for the street impromeeents to Hendric.s would total about S18,000 for a small one -acre tract of land_ Mr. Gaines informed the Council that at the time be acquired the subject property. he was not aware that Hendricks Street would ever be constructed; he paid for the sanitary sewer and water lines to serve his property along Padre Island Olive; and expressed the opinion that the assessment for Hendricks Drive is the result of some errors made years agoin connection with this property. He contended that he should not have to pay approximately $12,800 for these assessments because this street construction would not benefit him in any way, and since the property owners of Hendricks Subdivision have to have the street and the sewer and water lines, he felt that they should pay for the assessments of this street improveeaent.projeet. Mr. Gaines further informed the Council that he had been approached by Hr. Ray Alvarez of the City's Property and Land Acquisition Division, who offered to purchase from hiss a small corner of his property at the price of $4110, whereas just the assessment for this portion would be approximately $1,488. He indicated that he did not feel that this was a fair price for that reason. ltr. Gaines ?leo objected to his assessment statement in which he was charged for the water line even though he already has water service to his property. Kr. Sorrell then asked Hr. Gaines to relate the circumstances in regard to the first revised assessment recommended by Mr. Holly. Hr. Gaines explained that a letter from Mr. Holly dated September 29, 1980 was hand delivered to him and the recommendation for his assessment was for a credit of a lesser amount than that subsequently recommended by Hr. Holly after he discussed the matter with the City staff. Mr. Sorrell then presented a number of photographs of Mr. Gaines' pro- perty which indicated that all of his buildings front on Padre island Drive and contended that his property would not be enhanced by the street improvements on Hendricks since this would not even provide a second access to his property. hinutes Regular Caswell Meeting October 11, 1980 Page b Mr. Sorrell summarized by pointing out that the Council sits ase grew to determine sbether or not the assessments are just and equitable and enhance the property of abutting property owners at least in the amount of the assessments and that it is their position that there is ne enhancement to either the property of Mr. Gaines er lir. Esesord by the improvements planned for Hendricks street. ne pointed out that all of the benefits of the street improvements will be received by the owners of the Hendricks Subdivision property and they should have been required to put in the street at the time it was developed. Mr. Sorrell also questioned whether or not there has ever been en acceptance of the Colonies Hidalgo Subdivision or the Hendricks Subdivision, and even if they have been accepted, he contended that his clients' property does not abut Hendricks Street since there is no street actually located there. City Manager Townsend noted that even if the City does accept a plat, this does not mean the the City will put in the street. He also pointed out that Hr. Gaines' statement that he was told that he would not have access to Hendricks Street was incorrect. Council Member Diaz addressed a question to Mr. Sorrell as to why he spade the statement that Colonia Hidalgo Subdivision was never accepted and why he contends that his clients do not have access to Hendricks Street. Mr. Sorrell replied that Colonla Hidalgo was platted many years ago; at that time there were restrictive covenants which indicated that it would be a residential subdivision but it was later rezoned for industrial use; and he was of the opinion that after the zoning was changed. the owners no longer had to dedicate right-of-way for the street. City Manager Townsend then asked Mr. Sorrell who awns that 25 feet of — _tight=oRmwax-tf-his-clients-da mot. Mr. Sorrell did not explain and then called on Mr. R. F. Ftenord to testify. Hr. Ertmord stated that Hendricks Subdivision was platted in 1964 and the plat was accepted on the condition included in a letter From Mrs. Hendricks to the effect that she would develop the street. Hr. Emord further informed Regular Council Mactietl October 5, 1 Page 5 the Council that he purchased his portion of Colonia Hidalgo Subdivision in 1972 and he was not aware at that time that a street even existed south of his property. lie stated that he, too, is a real estate broker and indicated that his appraisal of the property En tuestier would =.e more objective than Mr. Molly's since lir. Molly was employed by the City- He agreed with lir. Gaines that Hendricks Street would not benefit hint in any way and pointed out that assessments are to be based on an equitable basis and the only property owners who will benefit from the con- struction of ilrndricks Street are those with property in the Hendricks Subdivision. Mr. Ermord also noted that Kr. Lanphier, who is currently developing several lots in that subdivision, was granted a permit in error. Council Member Best inquired of City Manager Townsend if assessments are net only based an an equity basis of the property owners but consideration should be elven as to whether or not such street improvement should not also be considered if it is in the best interest of the public, and City Manager Townsend agreed that this must be considered. Council Member Turner asked If this street was required initially when this property was first developed and it was not constructed, what is the usual procedure for this kind of case. City Manager Townsend replied that he did not recall a similar case, so there is no precedent, but there are many situations in which paper streets exist and the owners have failed to develop the street. Mrs. Turner continued by inquiring if enhancement must be proven before assessments can be leveed against abutting property owners. City Manager Townsend explained that first the Council must find the necessity to construct the street, following which they rust determine whether the abutting property is being enhanced at least in the asount of the assessments. Mr. Townsend further stated -that lite developers of Hendricks Subdivision were sent a letter by the City indicating that they had to provide improvements before their plat could be approved. and basically, this obligation passes to the purchaser of the lots and how this obligation is distributed among several property owners is questionable. 141° Minuted. Reetalar €etumell F.Te+a:t€4;a feasaber D. 1520 Page 6, 41* Mr. Sorrell informed the Council that his clients had commissioned $r. Harlan € €tkaelp to prepare an engi netrine report, and in this report, Mr. Heitkamp bad ex:ressed the opinion that these properties will not benefit frac: the construc- eon of Hendricks Street. nor will they benefit from the installation of water and sartit:ary sewer lines. Mr.. Sorrell also stated that Mr. Heitkaep had expressed the opinion that drainage from the properties could be worse after the construction of the Street and the new street will not provide any new access to his clients' pro- perty. Mr. Sorrell then called as his next witness, Mr. Terry Wood, real estate appraiser. Mr. Wad testified that he is a real estate appraiser and Is a member of the American Institute of Real Estate Appraisers and that he is familiar with the property along Padre island Drive on which he has made appraisals. Mr. Sorrell asked Mr. Wood if the City does not allow access from the Gaines property to Hendricks Street beetuse of the way the buildings are constructed, in his opinion, would there be any enhancement or measurable benefit to theproperty owned by Mr. Gaines. Fir. hood stated that, in his opinion, Mr. Gaines' property would not be enhanced and that the property owners of Hendricks_ Subdivision would receive much greater benefit than the owners in Colonia Hidalgo Subdivision, even by the exten- sion of sanitary sewer and water lines. Council Member Dumphy pointed out that there are no water or sewer lines to the preperty Owned by Mr. Ermsord and he was of the opinion chat Mr. Emnord would certainly benefit from the sewer and water lines. City Manager Townsend agreed and noted that Mr. fmmord would have to pro- vide fire hydrants throughout his property if it is developed. City Manager Townsend also asked Mr. Wood about his statement that there would be no enhancement to the property of Mr. Gaines and Mr. Enmord by the con- struction of Hendricks Street. He pointed mit that their property fronts oa the Padre Island Drive access road which is one way and contended that the construction of Hendricks Street would provide a good circulation of traffic around the property north of Hendricks Street. Ili 1111 Regulte Council b5Itine October 8, i$E0 Page 7 Mr. lebad expressed the opinion that traffic circuletioe is already provided by other streets in the area. The next person speaking in regard to this assessment hearing was Mr. Richard Hatch, attorney representing the Eanphiers and other property owners of Hendricks Subdivision. lir. hatch related that the first time ha appeared before the Council was at the time Mr. Gaines and Mr. E maord had requested that a portion of Molina Drive from Padre island Drive to Hendricks Street be closed; they contended that this street was of no benefit; the Council agreed to close the street; and they beneficed from this closure since they acquired the property as abutting property ownere.e He related that at the time of that public hearing. the subject of Hendricks Street was brought forth and Mr. Gaines and Mr. Emmerd were rather silent about their willingness to participate in the installation of the street. Mr. Hatch reminded the Council that 25 Feet cF the Hendricks Street right-of-way came put of the Colonia Hidalgo Subdivision and the original developers_ did not iostali the street either. He expressed the opinion that Hendricks Street should have been constructed many years ago, and as City Manager Townsend pointed nut, the new developers were more or less responsible for the construction of the street. Mr. Hatch pointed out that none of the planned sewer costs have been assessed against Mr. Gaines' property because he already has sewer service; the full assessment has not been made for the water line to Par. Gaines' property because he already has a partial water line; and because his property is triangular.in shape, Mr. Holly has recommended a reduction in his assessment. He reminded the Council that the question before them at this time is whether or not the subject property will be enhanced at least ip the amount of the assessments, Mr. Hatch continued by referring to a zoning case before the Council of property behind Best Products, which fronts on Padre island Drive, at which time rK :c ?hare was considerable oppeci-tizet—..a--Feye.ping the.psopPrt7ck�r?�,ca_ the ��raes road on Padre Island Drive Is only one way. fie pointed out that the development of Hendricks Street would certainly benefit Mr. Gaines and Mr. Emmord by better circulation of traffic. lir. Hatch also reminded the Council that these two property owners certainly benefited from the closing of Molina Drive since they acquired the property after the street was closed. shutes Reseal- C u ci l Keating October $, 1980 Page a Kr. hatch informed cies Council that his clients who oho prope-Ey in the Hendricks Subdivision are willing to pay their assessments -- pD% of the cost of the water eine. 9Ot of the cost of the sanitary sewer, and i ( of the cost of the street improvements. Mr. Gaines addressed the Council again and stated that he and Mr. Enoord had requested the closing and abandonemtn of Molinda Drive because it :was not main- tained and rescinded then that he attempted to withdraw his request when the subject of Hendricks Street surfaced during that hearing. Kr. Esmord also pointed out that the minutes of that public hearing will reflect that he did not know anything about Hendricks Street end he indicated at the time that he did not care whether Molina Drive was closed or not. City Manager Townsend stated that he felt that he should provide some history of this project_ He related that one property owner (Mr. Lanphier) had commenced construction of improvements on several lots in the Hendricks SubdIvi- Sion with a permit which was possibly issued in error, and it Is the staff's recommendation that the project costs should be borne by the abutting property owners; a contract for the street improvements has not been awarded; there is a need to prove equity as to who should pay for these improvements; according to the preliminary assessment roti, the City's portion of the street improvement cost will be $$2,436; and stated thet he would like to ask Mr. James K. Lantos, Director of Engineering and physical Development, to remind the Council how the City had reached this point. Mr. Townsend agate pointed out that the developer eras required to provide the necessary improvements for this property. and the usual procedure is to remind them again that this is their responsibility. Mr. Lontos expialned that Mr. Lanphier submitted plans for improvements for a portion of Hendricks Street aed_tjre_ekens.i.snJot Astec_ar'd_sewec-.t-t-nes-;--the----- - — engec.aering staff reviewed those plans and attempted to work out an equitable solution; the sanitary sewer line needs to be oversized to serve other areas; and the City agreed to pay for the oversizina with Mr. l.anphier to pay for the line to serve the other area. Mr. Lontos stated that Mr. Lanphlerdld not want sidewalks constructed, and although he wanted to improve Hendricks Street, he planned to improve only that portion in front of his property. • £rt Minutes Regular Couccif Meeting October 8, 1980 Page ehisleeeeeeeeteeesseeeeeeeseeeeeeeseetes Mr. Lafttoe continued by stating! that the pian to pursue the assessment method for the improvements was suggested by Hr. Lenphier, and it was presented to the Council shortly after that. City Hanauer Townsend expressed the opinion that all property owners should bear the cost according to the improvements provided them. Mayor Jones summarized by pointing out that the Council can approve the assessment roll as it has been adjusted, even though the City will have to pay over $5Q,fO0 of the cost of the street, or the City can drop the matter and not construct the street. City Manager Townsend noted that the Council can set a maximum for City participation and allow the property owners to bear the cost of the balance of the project. ouncil Member Diaz asked the attorneys representing the various property owners for their suggestions for alternatives. Mr. Sorrell suggested that if the Council has already decided that assess- ments should be made against abutting landowners, the only decision they need to make is whether or not the enhancement to the property is equitable with the amount of the assessment. He expressed the opinion that Hr, Lanphier collaborated with Mr. Lentos to attempt to have Mr. Gaines and Mr. Emmord help with expenses to provide a street to serve the Hendricks Subdivision property. Mayor Jones inquired if Mr. Sorrel! was advocating that this street not be constructed, and Mr. Sorrell replied that his clients do not care whether the street is built or not. Mr. Hatch addressed the Council again and referred to his earlier comment that Mr. Gaines and Mr. Esenord had persuaded the Council to close Molina Drive was only in rebuttal to the statement made by Hr Sorrell that they questioned the existence of Hendricks Street because their request for closing Molina Drive des- cribed it as a portion extending from Padre Island Drive to Hendricks Street. He further explained that Mr. Lanphier only wanted to obtain sewer and water service for his property and was not Interested in a street, but there are other property owners in the Hendricks Subdivision who will have no access if Hendricks Street is tee M1mates Regalia COune.l Mee:tifte October $,e 1380 Page 10 not constructed s>:nee Melina Drive hos been closed. Council Mier Best ascertaened by questioning City Manager Towesend that when a street is closed. the ara?erty is usually divided in the middle and awarded to the abutting property Omer . lir. Best stated that he realized that Mr_ Caines wi!1 not benefit from the construction of Hendricks Street, and if the Council decreases his assessment, and since Mr. Enraord will benefit from construction of the imeprovemsents, they might take into consideration the fact that both of these property owners benefited by the closing of Molina Drive to add to their cxistiag property City Manager Townsend noted that there are a lot of things the property dears could accomplish among themselves by working together, and the owners are responsible for resolving this matter. Chief Engineer Smith pointed out that the staff does recommend that the water line cost assessed against Mr- Gaines' property in the amount of $1,919.25 be eliminated from his total assessment. Motion try Zarsky that the hearing be closed, seconded by Diaz and passed unanimously• Notion by Zarsky that in view of the fact that Mr. Gaines would have no enhancement to his property by the proposed improvements, that he should not be assessed; assessments for improvements to Mr. €mmord's prnperty should be for a total of $113,4104; and the balance of the assessments should be paid by toe property owners in Hendricks Subdivision since they will benefit from the street, water and sewer Improvements. Mr. tarsky explained that the reason For this motion is because Mr'. Gaines' property will not be benefited to any way, but there will be an enhance- ment of Mr. Eirnxord's property in that traffic circulation will be improved. He further stated that he was of the opinion thet the City should not have to pay any more of the costs of these improvements and that the other owners of the 19 lots should pay the balance of the assessments. - Council Member Diaz seconded the motion. Council Member Turner agreed in principle to the motion bot inquired as to haw Mr. Zarsky arrived at the $10,000 figure for Mr. Emnord's assessment. City Manager Townsend also pointed out that the cost of the water line should be paid by Mr. Emmord since there is a water line requirement on his pro- perly along the south of his property. s4rrx4e WT-gi ihrgYlar COVMGE; MdIA:rreay Gc.ober 5, 1580 Page C! Council !ember Zarsky then ascended his Elation to include the cost of the water line for w_ l;,amord's property in his assessment Fora total of S14,111.46. City }Manager Townsend pointed cut that if the °.veers of the other 19 lots do not agree to the additiostal assessments, a second public hearing and notifica- tion procedure will he required. Council Member Best agreed with Mr. Zarsky's motion pertaining to Mr. E+ord but stated that he feels that Mr. Gaines should pay some assessment based on the fact that Molina Drive was closed and he benefited from the additional land acquired as a result of this closing. Mayor Pro Tem Sample asked for a comparison of the value per square foot of the lead that Mr. Gaines acquired when !Molina Drive was closed and the value of the property that the City wishes to acquire from Mr. Gaines in connection with the construction of Hendricks Street. City Manager Townsend explained that the City has requested 277 square feet from Mr. Gaines to allow for the curve of the street. Council Member Best inquired about the amount of land obtained by Mr. Gaines when Molina Drive was closed, and City Manager Townsend stated that the value of property fronting on Padre island Drive would be pertinent to this question. Mr. !}oily stated that this was discussed with Mr. Gaines, and he acquired 5,800 square feet at a value of $3.00 per square foot. Council Member Best then offered an amendment to Council Member Zarskys motion that an additional stipulation he included in this settlement to the effect that Hr. Gaines not be assessed any amount but that he contribute the 277 square feet to the City to enable the street to be curved along his property. Mayor Pro Tem Sample seconded the amendment to the motion, and Council Member Zarsky agreed to the amendment. Council Member Dunphy reminded the Council that a number of items have been discussed that have nothing to do with this assessment hearing. Council Member Zarsky stated that he felt that it is practical to investigate the entire matter, and since Mr. Gaines did benefit by the acquisition of land from the closure of Molina Drive, this could be taken into consideration. rti netee Register Ceenci l Meeting October e. pine iZ Mayor .Feces caned far the vote en the amendments to Kr. Zarsyy's -rotien. and [be motion passed by the following vete: .fans, Sample. Best. tsiaz and 7arskr voting_ "Aye"; FSen+4by and Turner voting 'Tee." Mayor Jones there called far the vote an Council Member lersky`s origins' motion and It passed urtaoimcuslY- City. Manager Tc nsend emphasized the fact that this action would be in order subject to the consent of the owners of the la lots in Hendricks Subdivision, and If they do not agree, he would assume that the staff is being instructed to proceed with the necessary ordinances and the mechanics of setting a second public hearing. It Has the consensus of the Council that this was their intent. g e t*** a *sets ; e t** e t+ a e* e e A a** t: t `- !Mayor Jones noted that a public hearing on zoning applications had been scheduled for 3:30 p.m. and suggested that the Council might wish to convene the Special Council Meeting for that purpose. Motion by Diaz that the Regular Council Meeting be recessed at 3:50 p.m.. seconded by Zarsky and passed unanimously. * t it a** w a t* n 3 s e t s z k* *A* * h d H* s *a* * 4 w Mayor Jones reconvened the Regular Council Meeting at 6:05 p.m. and called for petitions or information from the audience an matters not scheduled on the agenda. Mr. Manuel Rodrigues, a shrimp boat owner. stated that he is representing the conanercial boat owners and desired to protest the law that does not allow for the sale of shrimp from boats in the Marina. hr. Rodriguez indicated that he was speaking on behalf of the Mexican -American commercial boat owners and suggested that the City's ordinance be changed to allow citizens to purchase shrimp and fish frau the TeHeads. He presented to the Council a letter from Representative Arnold Gonzales expressing support for the area shrimpers in their effort to sell shrimp off their boats at the T -Heads. Council Member Turner stated that it was her understanding that the Marina Board had met to discuss this matter and had recommended that such a practice be allowed. rl� Regular teuncll Meats s actOber S, 151 Parse 18 City Manager Townsend reminded the Council that the City has entered into a lease with Q bait stand armor on the T -Heads which allows for the sale of hair, but it is trare that other types of shrimp coeld be sold. ne stated that there are au specific locations where shrimp -an be sol:. but Dr. Christopher Buttery, Director of City -County Health Department, has expressed some concerns about the associated health probe probieos but possibly it would be safer to sell the shrimp fresh from the boats rather than transporting It to Padre Island Drive outside the City limits. Mr. Townsend informed the Council that the staff has some concerns but that he will have a recommendation en this matter soon. He stated that such sale is against the law at this time and evidently, the Marina Superintendent has been attempting to enforce the law_ Council Member Turner moved that the law be changed so that the safe of fresh fish will be ailoeed et the Marina. Council Member Sect agreed that he would like to see the shrimpers allowed to sell shrimp in the City limits but that he felt that all aspects should be studied first. Council Member Dunphy stated that he is in favor of such sales also. Mr. Rodriguez stated that there is a need for the shrimpers to seal their shrimp and they are willing to pay a fee of 5600 to the City in order to have this opportunity. Council Member Zarsky stated that he, too, was in favor of this, but he felt that the Council should have some input from the other side of the question before the ordlnance is amended. City Manager Townsend reiterated that he would like to have some kind of stealth regulations established in connection with such sales and informed the Council that ha would try to have a recommendation in two or three weeks. Council Member Diaz and Mayor Pro Tem Sample agreed that a decision should not be made today. (Council Member Turner's motion died for lack of a second.] Mr. Charles Dekle, 4910 French, appeared before the Council and stated that he had addressed the Marina Soard on the preceding Thursday to ask when electric power will be restored at the T -Heads. He informed the Council that Riftetee Regoslar Critic. i ll R tttma goober 5, l5-Etf Pas* ag 7.,Y.!xr`,..,.:17.,,2 5, W 01.'lir uq7, Ee. he has s seilbeat berthed in a pier at Ehe: Marina and he is concerned aaout the meinienance of his boat because there is a r`.eed for electricity fes several s"rpoaes to prevent deterioration of his boat. Mr. ile%le stated that he was informed by the KarTea Board that electrical porter may not be available for some time because there arc no funds for installation of the required electrical parts. City Manager Tdmsend explained that repairs to Cole Park were given priority because if the slabs could be quickly pulled up, the staff felt that a great deal of money could be saved. In regard to the Marina, '4r. Townsend stated that the City has submitted a number of applications for Federal funding to Improve the Marina. and the staff hopea to have a report on funds for one-half a million dollars by the following day. He agreed that the damaged roofs and the electrical work have top priority and that he hoped to ha+e something before the Council within two weeks. Council Member Turner asked about the possibility of receiving bids for the electrical work, and City Manager Townsend replied that the plans have not been pre- pared yet because the Engineering staff has just returned to the office following their supervision of the debris pickup. City Manager Townsend informed the Council that the staff should have a schedule for repairs in from ten days to two weeks. The next citizen who appeared before the Council was Mr. Paul Earls. 4433 Dolphin, who expressed disatisfaction with the cable television in the City, He stated that he does not even subscribe to Athena Cablevision for their service, but their signals interfere with the reception on hls television set. tor. Earls also expressed concern about the safety at the Marina because of the lack of electricity, and he feels that it is important to have fights on the piers. Mayor Janes called for the City Manager's Reports. City Manager Townsend presented the following items with :elated comments and explanations and recommended that: a. A public hearing be head October 15, 1980, to discuss changes to the Drainage Master Plan near the intersection of Airline and Saratoga. n b. A public hearing be held October 29, 1980 on the closing of Janet Drive from McArdle Road to Mount Vernon Drive, and Mount Vernon Drive from Lenora to Janet to include utility easement closures in Block 11. Mount Vernon Subdivision No. 3 and in Padre -Staples Mall Block 1. The street and easement abandonment requests have been made by the owners of the Padre-Steples Mall pursuant to future expansion plans for the mall in a westerly direction. It is further requested that the closing of Janet and Mount Vernon Drives be contingent upon the mats owners dedicating a 11' strip along McArdle Road for a center left turn lane and better access to the mall. 110 "b" was withdrawn - see Page 15. 3x; • Mill* Regular EarIoctt Meeting October 8, 19bo Page ee City Manager TwrIsend states that he would lite to withdraw item "b^ because the applicant has mot presented any kind of plan or information as to hoer thsy plan to .resolve the driveway access problem. He stated that ha will inform the applicant as to what is required before the public hearing on rhe street closings is set. c. Bids be received at 11:00 a.m. , Tuesday, October 28, 1980 for a replacement pump bowl assembly for the O. N. Stevens Plant raw water pump #1_ The current assembly has failed. The pump needs to be operational to meet high pumping demands, particularly during the sunnier_ The 1980-81 Budget inciudes a spare assembly which will now be purchased as a replacement one. d. A book detection system for La Retama Library to prevent unauthorized removal of material be purchased from Minnesota Mining & Manufacturing, library System, St. Paul, Minnesota, for $6,630 based on low total cost. The apparent low bid of $6,225 by Checkpoint of the Southwest is not recommended. When the estimated purchase of 22.000 labels per year is added to the system cast (Checkpoint 8t each and Minnesota Mining 71 each), the bid of Minnesota Mining is lower. Bids were received from 3 firms. ee e. Legal advertising promoting the sale of residential lots in the Parade Place Subdivision, Unit 2, be continued and 57,500 be appropriated. approximately $191,000 cash has have been and total sales are $3100. Eighteen bensold. f. Gulf Coast Testing Laboratory, Inc. be retained to provide quality control testing services for Stage 11 of the Broadway Wastewater. Treatment Plant Improvements at a cost of $10,255. Testing will incassoude matertests of concrete. ciated tests No additional appropriationhis an, caliche d other required. g. Appropriations be authorized for two change orders which were approved September 3, 1980. Change Order No. 1 to the contract with King Construction Company on the Ella Barnes Area Street Improvements, Unit 1-B, provided for additional asphalt width on certain streets at a cost of $13,093. Change Order Nos. 16 and 24 to the contract with B -F -W Construction Company for construction of the Convent= Center provided for additional gy-paum board and two doable panthtaui&h doors in the banquet hall at a cost of $12,236. The appropriation ordinances were inadvertently omitted from the agenda. h.The Federal Express Corporation lease agreement for use of the airport be amended to provide the same ie se agreement wording as has bean approved in all other air freight carrier agreements fly making the following modifications: (1) Provide for month-to-month term until all air carrier leases are renegotiated. (2) landing weightforllanding fee cafee of lculation formula. ounds certified gross ainst llessee resuituig from tthecconditi n on f publiclyrclaims used premises. (3) (4) Delete the article covering furnishing of space and facilities in the Terminal Building for use of governmental agencies. **-item "e" Has withdrawn - see page 16 ,rr• ,srt; 4)1 • Minata5 Megelar Cuee fi Meetrrkt € teber 8. MO Page 18 Coon-il mer seer referred to leer- "e" and asked about the legal advertising. City Manager €awnsend stated that the word "legal" shoo:d be eiis,inated but explained that the staff feels that the ad should be rontioued until tee tots in Parade Placa Subdivision. knit 2, have been sold. Council mer Zarsky expressed concern as to why this property is not heing sold in view of the terms that the City is allowing. He stated that possibly the public is not aware of the availability of the property and suggested that the property be listed with Multiple Listing Service rather than continue the advertis- ing. ** City Manager Townsend then withdrew item "e." i. The recommendation of the Airport Advisory Board be approved that a month -to -manta. lease agreement with ASAP Air, Inc. for use of the airport be granted'_ Terms and rates are the same as for other air transport operators. Since renegotiation of present air carrier contracts have rot been completed, this contract is proposed on a month-to-month basis to be renegotiated with other air carrier contracts. ASAP is an all cargo airline, less than one year old, serving 20 cities in Texas, Oklahoma, and Louisiana from a headquarters located in Fort Worth. Initially, one flight per day will operate using a Nomad N24 aircraft. The plane will use Chaparral Aviation ramp, and pick-ups and deliveries will be handled by PDQ Delivery Service. Service began on September 15. Estimated monthly City revenue is $165. j. Assignment of the lease for Graham's Balt Stand from Mr_ R. E. Lambert to Mr. Bob Graves be approved. Graham's Bait Stand is ane of the leases on the Kennedy Causeway at the Intracoastal Canal. Mr. Graves will assume all responsibilities of the lease including payment of $90 per m,l:nth rent. The bait stand building was damaged by Hurricane Allem but not to the extent to require demolition. A building permit has been issued to repair the damage. k. MEAS D Si F. Hurricane Allen Debris Removal contract with H. Hop Dugas be accepted and final payment of $10,778.43 be authorized. The contractor collected and disposed of 53,584 cubic yards of debris on the south side of the City. I. Twelve month supply agreements for water and wastewater treating chemicals be awarded on the basis of low bids as follows: (a) U.S. Gypsum Co. Dallas 2,390 Ions Quick Lime $143,4477.80 248 Tons Hydrate Lime21,429.72 Total ;121,422.72 (b) McKesson Chemicals`Cornus Christi onsFerrous Site e $ 30,355.85 (c) Thompson Hayward Co., San Antonio 87 Tons Sodium Silicofluoride $ 39,811.20 72 Tons Ferric Chloride 59.472.00 Total $ 9L283-2{1 (d)ones Chemical Inc. Taft 74,,9 Tons Li uri a ne s164,031.00 MF Regtliar Cauaeli +met ting October a, Dsaz Page f7 Cts Sure Glow Solutlens Inc.. Taft 52-TOTaTASAydrous Ammonia GRAND TOTAL S 300.60 s543 °42.57 Thirteen bid imitations were issued and eight bids were received. Prices have increased 25t w 35' since last year mostly doe to freight increases- All bids exr"pt the last two are subject to material acid/or freight price fluctuation. There were no comments from the Council or »embers of the audience on the tf' City Manager's Reports. Motion by Diaz that the City Manager's Reports, items "a" thru "l", with the exception of items "b" and "e" which were withdrawn, be approved; seconded by Turner; and passed unanimo:slY- Mayor JOne5 having departed the meeting daring the Special Council Meeting at 5:43 p.m., Fieyor Pra Tem Sample, who was presiding aE this time, called for the ordinances. City [Manager Townsend briefly explained the ordinances on the agenda; there were no coaient5 by members of the audience; City Secretary Read polled the Council for their votes; and the following ordinances were passed: THIRD READING ORDINANCE NO. 158101/2: THE CORPUS CHRISTI CITY CODE, 1975 REVISION, AS AMENDED, BY AMENDING SECTION 36-84. RENTAL OF THE THEATRE, O.' ARTICLE III_ BAYFRONT PLAZA AUDITORIUM, BY ADDING TO PARAGRAPH (4) CLASS IV +'COMMUIhTY CONCERTS" AND TO REVISE THE LAST SENTENCE OF SAID PARAGRAPH TO PROVIDE THAT IF THE LESSEE SPONSORS AN OUTSIDE LDIVIDUALL OR GROUP OTHER THAN AS PART OF ITS REGULAR SUBSCRIPTION SERIES, THE CLASS II RATE WILL BE CFLARGED. The foregoing ordinance was read for the third time and passed finally by the €i:Ma tl% Mat: fiB1a>:i1e, Best,. Diaz, Dunlphy, Turner and Zarsky voting "Aye", Jones absent_ Ordinance No. 15811: APPROPRIATING $12,236 OUT OF THE NO. 209 COMMUNITY CONVENTION FACILITY BOND FUND APPLICABLE TO PROJECT NO. 209-76-1.3, CONVENTION CENTER CONSTRUCTION, FOR TWO CHANGE ORDERS TO THE CONTRACT WITH B -F -W CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE CORPUS CHRISTI CONVENTION CENTER WHICH PROVIDE FOR INSTALLATION OF ADDITIONAL GYPSUM BOARD FOR SOUND INSULATION AND TWO DOUBLE PASS-THROUGH DOORS IN THE BANQUET HALL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: sample, Best, Diaz, Du,xlphy, Turner and Zarsky voting ':Dye" Jones absent. WiWAVAVYMpo Raw Pair COW/6I i,set;n4 Qcteblur 8„ plsie Tie Ordinance No. 15812: APPROPRIATING SI3.O93 OUT OF THE ?TO. 22E STREET BON) FUND APPLICABLE TO PROJECT NO. 2E0-77-2.10. ELLA BARNES AREA STREET IMPROVEMENTS UNIT I -B, FOR CHANGE ORDER NO. 1 TO THE CONTRACT WMTIM KING CONSTRUCTION COMPANY FOR IMPROVEMENTS TO THE STREETS IN THE MLA BARNES EMERGENCY. 1-6, . WH]C_H PROVIDES FOR STREET WIDENING;DECLARING The Charter Rule w&s suspended and the foregoing ordinance passed by the following vote: Sample, Best, Diaz, Dunphy, Turner and Zarsky votinc: "Ayz", Tones absent. Ordinance No. 15813: AMENDLNG 01ZDINANCE NO. 15472, THE LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND FEDERAL EXPRESS CORPORATION, TO AMEND ARTICLE 11, TERM, PROVIDING FOR A MONTH-TO-MONTH TERM UNTIL ALL AIR CARRIER LEASES ARE RENEGOTIATED; DELETING ARTICLE V, SPACE FOR GOVERNMENT AGENCIES; DELETING PARAGRAPH SAND 7 OF ARMEE ViI, RENTALS AND FEES, AND SUBSTITUTE A NEW PARAGRAPH 6 PROVIDING FOR A /1,000 POUND CERTIFIED GROSS LANDING WEIGHT FEE; DELETING THE SECOND PARAGRAPH FROM ARTICLE XV, INDEMNIFICATION; ALL AS MORE FULLY SET FORTH IN THE AMENDMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARXED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Sample, Best, Diaz, Dunphy, Turner and Zarsky voting "Aye", Jones absent. Ordinance No. 15814: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND ASAP AIR, INC.. COVERING THE SUBLEASING OF SPACE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT AND THE USE OF SUCH AIRPORT, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF W1 -UCH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by thF following vote: Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye", Jones absent. Ordinance No. 15815: APPROVING THE ASSIGNMENT OF LEASE FOR GRAHAM'S BAIT STAND FROM MR. R. E. LAMBERT TO MR. BOB GRAVES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye", Jones absent. Ordinance No. 15816: ABANDONING A 2 FOOT BY 12 FOOT PORTION OF A 7.5 FOOT UTILITY EASEMENT IN LOT 29, BLOCK 7, TURTLE COVE UNIT 2 AS PER THE ATTACHED LEGAL DESCRIPTION SUBJECT TO THE EXECUTION OF A HOLD HARMLESS AGREEMENT BY THE OWNER RUNNING WITH THE LAND PROTECTING THE CITY FROM ANY DAMAGE CLAIM RESULTING FROM MAINTENANCE OR CONSTRUCTION ACTIVITIES IN THE EASEMENT AND DECLARING AN EMERGENCY. • id�`se4' :T�Ys��1kYR `k'.ha-;.,A'Yti'il jet The Ci rtar Rule was suspended and the foregoing ordinance gassed by the l'ote: Sample. Beat. Diaz. DugsPity. Turner and zarsky voting "Aye". Ones t• City Manager Tiamsend reported to the Council that he has received a tali le regard to property that was destroyed on the beach. He stated that the property (A ara will have to pay taxes on the party at the value as of January 1, 150. ' wnd-soae of the property no longer has improvements on it. He informed the Council that the stiff will study this matter. Council Member Turner stated that the City has received the consultant's ''report on the City's cablevision franchise and it contains nothing of value. City Manager Townsend agreed but stated that the City needs to monitor the method of handling complaints more closely. Council Member Turner suggested that the staff prepare some specifications as to What they expect a cablevislen company to provide. and if Athena Cablevision does not agree, their franchise should be terminated. Council Member Iarsky stated that he was under the impression that this would be discussed in two weeks. Mr. iarsky suggested that the City should look into the Possibility that whichever company is granted the franchise, there should be sole guarantee that they will perform according to the franchise and that they be fined for non-performance. Council Member Dunphy suggested that the staff have the proposed franchise .prepared so that'the Council may make a decision in two weeks. City Manager Townsend agreed to this schedule. Council Member Turner stated that since the staff is not too knowledgeable about cablavlsian, perhaps an advisory committee should study it. There being no further business to cane before the Council, on motion by Turn&, seconded by Diaz and passed unanimously, the Regular Council Meeting was adjourned at 6:55 p.m., October 8, 198c.