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HomeMy WebLinkAboutMinutes City Council - 10/07/1981MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 7, 1981 2:00 P.M. PRESENT: Mayor Luther Jones Council Members: Jack K. Dumphy Acting City Manager Ernest Briones Bob Gulley Assistant City Attorney Bob Coffin Herbert L. Hawkins City Secretary Bill G. Read * Cliff Zarsky ABSENT: Mayor Pro Tem Betty N. Turner Council Member Charles W. Kennedy Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The Invocation was given by the Reverend Milton Muehlberger of Abiding Savior Lutheran 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 called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. ********* Mayor Jones announced the issuance of the following proclamations: "MEDICAL RECORDS WEEK" - October 11-17, 1981; "ALPHA DELTA KAPPA ' WEEK" - October 12 - 18, 1981; "KNIGHTS OF COLUMBUS CENTENNIAL CELEBRATION YEAR - October, 1981 to October, 1982; and "NATIONAL EMPLOY THE HANDICAPPED WEEK" - October 4 - 10, 1981. Motion by Hawkins that the Minutes of the Special Council Meeting of September 24, 1981 and of the Regular Council Meeting of September 30, 1981 be approved as presented; seconded by Dumphy; and passed unanimously. ********* Mayor Jones announced the consideration of an election to be held jointly with Nueces County on November 3, 1981 to determine whether certain areas adjacent to the City should be annexed. MICROFILMED gtp i§ 1§84 Minutes Regular Council Meeting October 7, 1981 Page 2 Acting City Manager Ernest Briones pointed out that he would like to have a continuation of the discussion in progress on the annexation issue. He stated that the public hearings in regard to the proposed annexation have been held in the appropriate areas. He then requested Chief Planner Larry Wenger to provide a brief summary of the areas proposed for annexation. Chief Planner Wenger briefly described and located on maps the following areas proposed for annexation: AREA A: Nottarb Subdivision off Weber Road, business and industrial uses on land which was part of Cabaniss Field and the frontage along Saratoga west of Ayers. AREA B: Land between Clarkwood Road, the Clarkwood ditch and McGloin Road; the San Juan Subdivision; and the area along the south side of Highway 44 westward to just west of the extension of Rand Morgan Road; The Cenizo Canyon Subdivision to the west of Calallen Townsite, the commercial and industrial growth south and north of FM 624 and west of State Highway 77 out to East River View Drive including the Robstown Riverside Hospital, River Hills Subdivision, River Hills Country Club, Hazel Bazemore 'Park and Nueces River Irrigation Park Annex No. 1 and 2; Chief Planner Wenger reminded the Council that discussion had occurred the preceding week about the possibility of eliminating all of River Hills Subdivision, River Hills Country Club, and Hazel Bazemore Park provided all of the residents in River Hills Subdivision, which totaled 19 property owners, agreed to voluntarily sign annexation contracts to be effected by December, 1983. Mayor Jones then recognized Mr. Gordon Mandt. Mr. Mandt, 10 Fairway Drive, a resident of River Hills Subdivision informed the Council that he had obtained signatures on all of the 19 residents who had agreed to voluntarily annex their property by December, 1983. Mr. Mandt questioned whether this area could even be legally annexed at this time in view of the State Statute which refers to a minimum width of 500'. He stated that after discussion, the residents had decided that even though they were of the opinion that the City could not legally annex this area, they had signed a voluntary annexation agreement but with slightly different terms from those agreed upon last week. He explained that they had decided that it would be in ites ular Council Meeting uctober 7, 1981 Page 3 their best interest and the City's best interest that rather than a specific time, that voluntary annexation should be when the section of Wood River Subdivision has been annexed which adjoins the River Hills Subdivision on the south and when it has been developed and is 50% occupied. He pointed out that until that subdivision is annexed, it would be quite expensive for the City to provide basic services such as fire and police protection to the twenty lots included in River Hills Subdivision. He expressed the opinion that this was a minor modification of the terms previously agreed upon. Council Member Hawkins commented that in his opinion the modification is a major one because it places in the contract a very indefinite date for annexation. Assistant City Attorney Bob Coffin stated that he was not aware that the residents of River Hills Subdivision had made this change in the agreement. He concurred with Mr. Hawkins in that a definite date should be included in the voluntary annextion agreement. Mr. Coffin continued by pointing out that Wood River Subdivision has several stages of development but they have agreed .to voluntarily annex the subdivision on May 15, 1983. He agreed that in the event that Wood River Subdivision did not perform that act on that date, River Hills Subdivision would not be contiguous to the City limits and the City could not annex them by contract. Assistant City Manager Tom Utter further explained that in 1983, everything that is developed in Wood River Subdivision will be annexed and the areas that are not developed at that time will be annexed in stages as development is completed. Mr. Wenger pointed out that the area contiguous to River Hills Subdivision may not be annexed for some time since the area referred to by Mr. Mandt is across the street from the area under development in Wood River at this time. Council Member Zarsky interjected at this point that he owns one lot in River Hills Subdivision; he obtained a legal opinion because of this; and read the opinion which indicated that he would be allowed to discuss the annexation ordinance and even vote on the proposed annexation, but it had been determined that a Council Member cannot sign an agreement with the City; therefore, he would not be able to sign this voluntary annexation agreement and he could not vote to approve the agreement with the change made by Mr. Mandt and the other residents. Minutes Regular Council Meeting October 7, 1981 Page 4 Acting City Manager Briones stated that the area referred to by Mr. Mandt will be the last portion of Wood River Subdivision to be developed and it could be much later than 1983 before it is annexed. Motion by Hawkins that the Council recommend adoption of the contractual annexation agreement by December 31, 1983, without the addition of the phrase suggested by Mr. Mandt, and that the agreement be signed by the residents by 5:00 p.m., October 7, 1981. Mr. Mandt stated that the homeowners will not accept the agreement under those conditions. Mr. Hawkins motion was seconded by Council Member Zarsky. Mr. Mandt stated that they cannot get 100% agreement with the contract as defined and Chief Planner Wenger stated that they must have 100% approval by the property owners for contractually annexing the property. Council Member Zarsky stated that he would be glad to sign the agreement but he could not do so according to the City Charter and asked for someone to make a suggestion of a solution to this dilemma. Council Member Dumphy commented that the residents of River Hills Subdivision are indicating that they do not want to be annexed until the portion of Wood River directly south of their subdivision is annexed and stated that he did not feel that there is very much of a problem with their request. Council Member Hawkins stated that his concern is that it is for an indefinite time and if the amendment had indicated "not later than 1985", he would not object to it. Council Member Dumphy then voiced his objection to making the River Hills Country Club and Hazel Bazemore Park dependent upon these 19 property owners signing this agreement. Council Member Zarsky suggested that the City Attorney provide a legal opinion since he, himself, is the owner of one lot in that subdivision. Assistant City Attorney Coffin stated that he was not sure that the conflict of interest clause referred to in the Charter even applies to this type of agreement. utes pular Council Meeting .,ctober 7, 1981 Page 5 Council Member Hawkins inquired if it was possible that the Council can acknowlege the fact that Council Member Zarsky owns the lot in this subdivision; they are aware that there may be a possible conflict of interest; but since everyone is aware of the situation and Council Member Zarsky has indicated that he does not have any problem with this, if they could allow Mr. Zarsky as a property owner to sign the agreement to voluntarily annex at a certain time. Acting City Manager Briones pointed out that it was the Council's decision to establish a necessity for the 100% participation and it could well be the Council's perogative to change this. Council Member Hawkins suggested that the City Attorney draft a motion to change the 100% policy to exclude one property owner. - Council Member Hawkins then stated that he would like to revise his previous motion to state that the contracts submitted by residents of River Hills Subdivision be accepted provided that addition which they made to the agreement is changed to indicate that they latest possible date for their voluntary annexation would be December 31, 1985 and that the requirement of 100% of the residents be changed to 100% less one lot and that if such agreements are signed under those conditions that River Hills Subdivision, River Hills Country Club and Hazel Bazemore Park will be omitted from this section of Area B. The motion was seconded by Council Member Dumphy and passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, "absent". Chief Planner Wenger continued with his explanation and listed the following portion of Area B: The San Carlos area immediately east of the Calallen Townsite and along Sharpsburg Road between the City limits line and the Nueces River floodplain. There was no question about this portion. Chief Planner Wenger discussed the following area: Minutes Regular Council Meeting October 7, 1981 Page 6 AREA C: Land between the Nueces River, the existing City limits, the Allison Wastewater Treatment plant, McKenzie Road, Carbon Black Plant Road and a line 500 feet north of IH 37 from Turkey Creek to the east line of the C -K Paving facility including properties north and south of Up River Road from C -K Paving eastward to Nueces Bay Boulevard which have not executed industrial district contracts. Mayor )ones referred to the twenty industrial district contracts proposed to be signed according to the motion to amend the ordinance to amend the industrial district policy ordinance to change the minimum payments provision of the standard agreement to apply to industries with less than $1 million dollars of improvements; the maximum payment would be equal to 100% of the ad valorem taxes on the land and 100% of the ad valorem taxes on $500,000 of improvements regardless of whether $500,000 of improvements exist on the land. Chief Planner Wenger stated that the companies involved were in various locations in this area. Council Member Gulley inquired about. the 500 -foot limitation as referred to in a letter from a law firm in reference to Gunderland Marine in which they alleged that such annexation of their property would be illegal. Assistant City Attorney Coffin stated that the staff's position is that this 500 -foot minimum does not apply to the types of annexation that are proposed here. He referred to a legal case in San Antonio in which the Supreme Court held that "spoke" annexations are not permissible. He explained that so-called "spoke" annexations are usually those that annex roads and highways and it is the staff's interpretation that this amendment was to prevent other spoke -types of annexation and there is nothing in the proposed annexation of these areas that even resembles "spoke" annexations; therefore, the City staff proposes to go ahead and annex the areas as proposed. Mayor Jones commented that the City staff is evidently prepared to go to Court to prove that the City is right and he inquired how many pieces of property would be affected by the 500 -foot limitation in this particular annexation. Council Member Hawkins also pointed out that the distinction here is that the aras that are less than 500 -feet in width are surrounded by industries that have already signed industrial district contracts. minutes ,gular Council Meeting .tober 7, 1981 Cage 7 Chief Planner Wenger presented for consideration the following : AREA D: Areas which are subdivided and where construction of physical improvements have been completed on Padre Island. Assistant City Manager Utter explained that it was previously explained to the Council that police and fire protection will be available from the day of annexation and a police and fire facility will be constructed there if this area is annexed. Council Member 2arsky indicated that he objected to this annexation because this is an area that is less than 5% developed and the only reason that the City plans to annex it is that they have all City services and he does not feel that this is a logical reason for annexation. He expressed the opinion that the area should not be annexed until it is more than 50% developed. He also stated that he owns property on Padre Island as well as in River Hills and he will not vote on the annexation of the Padre Island area. Mr. David Coggins, a resident of Padre Isles, referred to the question of development andstated that in terms of land, the area is more than 50% developed but the improvements are less than 5%. He stated that the area under discussion is land that has streets and all services but does not have completed residences. Mayor Jones also pointed out that the owners of Padre Isles have requested annexation and that makes a difference. Mr. Coggins stated that there are 4600 lots and only 350 completed houses. Council Member Zarsky expressed the opinion that this should not be annexed until it is further developed. He stated that he owns property in that area; he is not asking for it to be excluded but he does not feel that there is enough development for annexation; and expressed the opinion that the same standards should be used in Padre Island as in River Hills Subdivision. Mayor Jones stated that he felt that there was a lot of difference in the two areas pointing out that Padre Island has a sewage plant; they have City sewer . service; they have' water service; and River Hills Subdivision .obtains water from Robstown. Minutes • ` Regular Council Meeting ,Qctober 7, 1981 Page 8 Council Member Hawkins pointed out that it is also much easier to get twenty property owners to sign agreements to annex than it is to get several hundred signatures from property owners on Padre Island. Acting City Manager Briones briefly described the previous plan to annex Padre Island and stated that at that time the original agreement envisioned annexation when 50% of the subdivision was developed with streets, etc. Motion by Hawkins that Area D be included, as stated, in the annexation election; seconded by Dumphy. Council Member Zarsky asked about the valuation of the property and how much tax this area will bring in to the City of Corpus Christi. Mr. Coggins estimated that the value of the property is $42 million and Mayor Jones stated that the tax realized from the annexation would be approximately $260,400. Mayor Jones called for a vote on Council Member Hawkins' motion and it failed to pass by the following vote: Jones, Dumphy and Hawkins voting "Aye"; Gulley and Zarsky voting, "Nay" (a majority vote of four is required to pass a motion.) - Further discussion followed on this matter. Motion by Zarsky to include Area D as it is stated on the agenda; seconded by Dumphy and passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting, "Aye"; Gulley voting "No"; Turner and Kennedy, absent. Acting City Manager Briones referred to Area C and reminded the Council that the preceding week a group of owners of small industries had expressed a desire to join an industrial district in order to have their property excluded from the annexation issue. He reminded the Council that at that time, they had requested the deletion of a subparagraph pertaining to the minimum payments provision and the Council passed a motion to amend the industrial district agreement to reduce the minimum value of improvements from $2 million to $1 million. He informed the Council that 19 industries had signed the industrial district agreement but 18 of them have ruled out the minimum payment paragraph entirely. He explained that the staff had proceeded on the basis of the motion approved by the Council in regard to a reduction of the Value of improvements from $2 million to $1 million. utes gular Council Meeting October 7, 1981 Page 9 Mayor Jones further stated that the contracts, that have been received by = the City signed by those industries have eliminated that provision of minimum payments altogether. Acting City Manager Briones stated Mr. Tom Basile, Administrative Assistant, has been working with these industries and asked him to explain the matter. Mr. Basile explained that if the minimum payment. provision is eliminated altogether, the companies will pay 100% of the ad valorem taxes on the land and 50% on the improvements; however, if the improvements were installed after 1974, the company will only pay 5% with an increase of 5% each year. He also stated that the contract refers to fire protection and they would have to pay 15% if they are not members of the fire district. Mayor Jones asked for an example. Acting City Manager Briones stated that a chart has been prepared using real companies, not identified, but listed as Company A, B, or C and Mr. Basile explained the chart of the payments that would be made according lo the company's estimate of valuations. Mr. Mike Kendrick, attorney representing the twenty small industries, spoke in favor of allowing these companies to sign the industrial district agreement as revised by eliminating the paragraph pertaining to the minimum payments provision. Mr. Kendrick stated that the small industries had been unfairly treated and admitted that they were not concerned about signing industrial district agreements until the annexation proposal surfaced. Mr. Kendrick stated that they proposed to pay (1) 100% on land; (2) 50% on improvements; (3) 15% for fire protection; and (4) the water rates will be doubled if they are allowed to remain outside the City limits. Council Member Dumphy expressed the opinion that the City should have an industrial area and he felt that those areas under discussion should be saved because their land value is not just to the landowners but also to the City in order to allow for industrial expansion in that area. Mr. Kendrick also pointed out that permitting these small businesses to join an industrial district would ensure jobs for a large number of employees. After further discussion, Mr. Kendrick suggested deleting paragraph 3c, 3e, and 3f. Minutes Regular Council Meeting October 7, 1981 Page 10 Motion by Zarsky to accept the agreement signed by these small industries that has been presented with no minimum payment provision but also eliminating the new improvement calculations and the alternate method of calculations. Acting City Manager Briones pointed out that there probably will be some conflicts but the Council should leave it open so that other companies may take advantage of this same kind of contract. Mr. Briones continued by stating that the election itself does not cause property to be annexed -- it is the ordinance following the annexation election that actually creates the annexation. Assistant City Attorney Jay Doegey stated that that was not quite true because the City Charter states that if there is an affirmative vote in the annexation election, then the Council "shall" annex them by ordinance. The motion made by Council Member Zarsky was seconded by Council Member Hawkins. Mr. Doegey inquired if this motion included not only removing from the industrial district agreement the minimum payments provision but if it also removed the alternate method of payment. Council Member Dumphy stated that this particular contract is for these companies only, but if other companies want to sign industrial district agreements under the same terms, they should be allowed to do so. Mr. Doegey suggested that this motion specify that minimum payments are omitted as well as the alternate method of payment Mr. Kendrick stated that if anyone under the favored nations clause wants to take advantage of the minimum payments clause, they would also have to delete the other two portions of the paragraph e. The motion passed by the five Council Members present and voting. Motion by Hawkins that the annexation election be called on those areas previously approved and omitting the portions of those areas as discussed during this meeting; seconded by Dumphy; and passed. City Secretary Read interjected that the ordinance can be worded to do what they want to do but suggested that the ordinance address the changes as discussed but include the statement that those omissions will be subject to the signed contracts by the residents of River Hills Subdivision and by the twenty property owners of small industries. utes gular Council Meeting October 7, 1981 Page 11 Council Member Hawkins amended his motion to specify that the omissions of these areas are subject to the submission of the contracts as required. After discussion of the proper motion, Council Member Hawkins moved that the Council reconsider their prior motion and make another motion to the effect that those areas will be omitted from the annexation election provided the appropriate contracts are submitted to the City by Friday, October 9, 1981; seconded by Dumphy; and passed unanimously. Acting City Manager Briones stated that the following item which was listed on the agenda should be withdrawn in view of the Council's previous action taken during the discussion of item G.: * The industrial district policy ordinance be amended to change the minimum payments provision of the standard industrial district agreement to apply to industries with less than $1,000,000 of improvements. The maximum payment would be equal to 100% of the ad valorem taxes on the land and 100% of the ad valorem taxes on $500,000 of improvements regardless of whether $500,000 of improvements exist on the land. Presently, the pro- vision applies to industries with less than $2,000,000 of improvements with a maximum payment of 100% on the land and $1,000,000 of improvements. ********** Mayor Jones announced the public hearing on the contractual annexation of Creekway Subdivision located west of Everhart Road and south of Cedar Pass Drive. Assistant City Manager Utter explained to the Council that this subdivision has all of the public utilities, streets, and they are fully developed. He also informed the Council that the developer has signed the contract. with the City and it is in conformity with the plat which has been submitted to the Planning Commission. He stated that there are 55 units in the subdivision. Chief Planner Wenger also informed the Council that the developer plans to request "R-2" zoning on the larger lots in the subdivision. Motion by Dumphy that the hearing be closed, seconded by Zarsky and passed unanimously. Motion by Dumphy that the annexation of Creekway Subdivision be approved; seconded by Zarsky; and passed unanimously. ********* * Withdrawn by Acting City Manager Briones Minutes Regular Council Meeting October 7, 1981 Page 12 Mayor Jones announced the consideration of three zoning applications. Acting City Manager Briones announced the public hearing on Application No. 982-2, Mr. Ronald Massad, for change of zoning from"R-1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 17, Block 11, Gardendale No. 3 , located on the north side of Williams Drive approximately 230 feet west of South Staples Street. Mr. Briones stated that the Planning Commission has recommended denial but in lieu thereof that a special permit be approved with no driveway access to Williams Drive from Lot 17; that a standard screening fence be provided and a setback of 5 -feet from the property line along Williams Drive with a planted area to be maintained perpetually between the property line and the standard screening fence, all in accordance with the satisfactory site plan that has been submitted. He stated also that the Planning Staff recommends denial. Mr. Briones also informed the Council that in response to the notices of the public hearing, three in favor and none in opposition had been returned. Chief Planner Larry Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that the prospective purchaser plans the installation of a neighborhood business district. He also informed the Council that the Planning Commission had approved the site plan which was submitted. Mayor Jones called on the applicant to speak. Mr. Dennis Haas, representing Mr. Bert Haas who is Mr. Massad's representative, stated that his client agrees with the recommendation of the Planning Commission and would accept the special permit. Motion by Zarsky that the hearing be closed, seconded by Hawkins, and passed unanimously. Motion by Zarsky that the Council concur with the recommendation of the Planning Commission and deny the zoning of "B-1", but in lieu thereof grant a special permit in accordance with the approved site plan; seconded by Hawkins; and passed unanimously by those present and voting. ********* ['Les _gular Council Meeting October 7, 1981 I'age 13 Acting City Manager Briones announced the public hearing on Application No. 981-4, Mr. Harold Kronke, for change of zoning from "R -1B" One -family Dwelling District with "SP" Special Permit to "I-2" Light Industrial District on a portion of Lot 13-B, Block 3, Highway Village No. 1 located between North Harrington Drive and Leopard Street approximately 170 feet west of Charles Drive. Acting City Manager Briones informed the Council that the Planning Commission recommends denial but in lieu thereof, that "3-4" General Business District be granted with a special permit for the electrical shop on the rear portion subject to a satisfactory site plan, which has now been submitted and the Planning Staff recommends denial but in lieu thereof, that "B-4" zoning be approved with the north 90' being subject to a special permit and that only the north 90' of Lot 13-B be identified in the special permit with the remainder being zoned "B-4". He stated that after the Staff recommendation and the site plan had been approved, the Planning Commission concurred with that recommenation. No one spoke in regard to this zoning application. Motion by Zarsky that the hearing be closed, seconded by Hawkins, and passed unanimously. Motion by Zarsky that the Council concur with the recommendation of the Planning Commission and the Planning Staff and that "I-2" zoning be denied, but in lieu thereof that the "B-4" zoning be approved with a special permit be approved for the north 90' of Lot 13-B for the installation of the electrical operation that they plan; seconded by Dumphy; and passed unanimously by those present and voting. ********* Acting City Manager Briones announced the public hearing on Application No. 981-9, Mr. Bryan J. O'Malley, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 1, Block 1, Rolling Acres No. 2 located on the north side of Leopard Street approximately 350 feet east of East Harrington Drive. Minutes Regular Council Meeting October 7, 1981 Page 14 Mr. Briones stated that the Planning Commission recommends that "B-9" be denied but in lieu thereof, that "AB" Professional Office District be approved and the Planning Staff recommends denial since there is adequate business property in this area already. He stated that in response to the notices of public hearing, two in favor and three in opposition had been returned. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the area, stating that the prospective purchaser plans the installation of a child care center at this location. Mr. Bryan J. O'Malley informed the Council that the purpose of this application is to allow the prospective purchaser to build a day care center on the property which will be operated from 6:30 a.m. until 6:30 p.m. He assured the Council that they intend to fence the area and very little traffic will be created. Mr. O'Malley also stated that at this time, they would like to explain to the Council that they would like to amend their application to request "AB" Professional Office District because they understand that this is adequate for the planned use. He stated that they intend to renovate and landscape the property and be responsive to any request that the neighbors might have. Council Member Zarskyinquired about the width of the property which fronts on Leopard Street and questioned whether or not there would be enough parking. Mr. O'Malley assured the Council that they will have pick-up and delivery of the children on the property. Council Member Zarsky stated that he is concerned that the property be developed as planned so that there will not be a traffic bottleneck in the future on Leopard Street. He stated that he would be more in favor of granting a special permit for the purpose of establishing a child care center to be assured that the purchaser will actually do exactly what is indicated. Mr. O'Malley stated that they are going to have to invest a great deal of money in the property to convert it into a day care center, and if he had to sell it, he would want to sell it as an "AB" zoned use rather than just having a special permit, indicating that a special permit would not be acceptable. Council Member Gulley inquired about the type of fence that is at the back of the property. lutes _gular Council Meeting October 7, 1981 Page 15 Mr. O'Malley stated that it is a cyclone fence at this time, but they intend to fence it with a wooden privacy fence. Mayor Jones inquired if Mr. O'Malley had ever operated this type of business before and Mr. O'Malley stated that he had not. Council Member Zarsky inquired if it is possible that the prospective purchaser could use this for some other type of business. Chief Planner Wenger stated that the applicant would have to obtain a building permit; he would have to install a standard screening fence; and they would have to submit a plan before a permit could be obtained. Council Member Zarsky expressed concern that this property might be sold after this zoning of "AB" is obtained and a different type of business might be constructed there. Chief Planner Wenger explained that the staff objected to this change of zoning because it is in a predominantly residential area and there is ample business property to the east. They, therefore, did not feel that it would he in the best interest of the neighborhood to allow for the extension of business uses. Speaking in opposition to this application was Mr. Stanley A. Brown, 1051 Highway 9, who stated that he has lived directly across the street from the subject property for twenty-five years. He pointed out other areas in the very near vicinity on which the owners plan to install child care centers and questioned whether all of the land on which day care centers have obtained changed zoning will actually be developed for the use as stated. Fie expressed the opinion that some of these pieces of property may be sold before they are actually used for day care centers. He stated that he objects 10 this change of zoning. Mr. Jesse Lang stated that he lives adjacent to the subject property and although he is not opposed to children in the neighborhood, he does object to the traffic congestion that will be created if a child care center is located there. He expressed the opinion that there would be a lot of people who would not go into the driveway and parking lot but would actually park on the street. He also stated that he was under the impression that the applicant could operate a day care center with a special permit which he would prefer rather than "AB" zoning as recommended. He also expressed concern that if this Minutes Regular Council Meeting October 7, 1981 Page 16 property is zoned "AB" at this time, it would be easy for a new owner to obtain "B-1" zoning and they would definitely object to this type of zoning in their neighborhood. Ms. Nancy O'Malley, daughter of the applicant, explained that she has had a great deal of experience in child care and they plan to have a parallel driveway to accommodate buses and cars that will deliver children to the day care center. She stated that they predict no traffic problems at all. Council Member Zarsky stated that he is concerned that Mr. O'Malley definitely stated that he would not be satisfied with a special permit, yet their plans could be carried out under a special permit. Ms. O'Malley stated that she would be satisfied with "AB" zoning also and she did not even understand a special permit. Mr. Zarsky explained that any one can establish the kind of use they want in a special permit but it would be limited to that one type of business and would not carry to a new owner. Mr. Brown spoke again and stated that he does not object to the day care center per se, but his main concern is the pattern that is being set for that area. He indicated that although he would not object to a special permit for a day care center, he would still be concerned about the traffic. Council Member Dumphy pointed out that street is going to be heavily traveled in the future and may become another Everhart, Staples or Weber. He expressed the opinion that it is almost impossible to prevent Leopard from becoming a major street. Council Member Gulley agreed that Leopard Street will grow and become a major street and he feels that there is a need to protect the lots behind Leopard Street. He stated that he does not object to the "AB" zoning because this would limit it to Professional Office use even if Mr. O'Malley sells the property. Mr. Henry Layton, stated that he owns the two lots directly behind the subject property and he, too, objects to the "AB" zoning but would not object to a special permit. Mr. O'Malley reiterated that he would not accept a special permit because they plan to spend a great deal of money on property which would actually still be zoned "R -1B". es lccyular Council Meeting October 7, 1981 Page 17 Motion by Zarsky that the hearing be closed, seconded by Hawkins, and passed unanimously. Acting City Manager Briones pointed out to the Council that letters of opposition received in the Council Chamber during the public hearing are sufficient to invoke the 20% rule which would require six votes for passage of the ordinance. Motion by Zarsky that this zoning application be tabled for one week until a full Council is present, seconded by Gulley, and passed unanimously. ********* Mayor Jones then recognized Judge Bob Barnes who was present in the audience. - Judge Barnes addressed the Council and stated that he had just been informed that the National Administration is proposing to have introduced in Congress on approximately October 20, legislation that would, in effect, stop the issuance of certain types of industrial revenue bonds which would include some multi -family housing bonds. He stated that some investment firms have approached him and they are devising a program in the state with certain allocations to be made to developers all over the state to finance through the means of tax-exempt bonds, construction of multi -family housing units. He stated that at the time the South Texas Housing Finance Corporation, which included several Counties, was formed, he made it very clear that he was opposed to any kind of multi -family housing construction by the use of tax-exempt bonds. He stated that he was present here to ascertain what the City's policy would be on allowing the use of .tax-exempt bonds for multi -family housing in the City of Corpus Christi, understanding that the program will probably be phased out very soon. He stated that there was a need to make a decision as soon as possible on this matter because they want to close the deal in New York on Tuesday, October 13. He asked for the Council's opinion as to whether or not they felt that a public organization should sell tax-exempt bonds to loan money to developers for the construction of multi -family homes. Council Member Dumphy stated that there is a very real shortage of apartments in this City and he would not have any problem with this money being authorized for this purpose. Minutes Regular Council Meeting October 7, 1981 Page 18 Council Member Zarsky inquired as to how the money is to be allocated. Assistant City Manager Utter stated that the staff was not familiar with this because it was just received today. Council Member Zarsky inquired if this money from this source is available to the City as well as the County and Mr. Utter explained that the money could be available to the Corpus Christi Housing Finance Corporation but they have had a question about going with public financing -of a private enterprise even though he admitted that there is a critical shortage of apartments and the vacancy rate is 1%. Council Member Gulley stated that he is very much opposed to this because it is not in the public interest to use public funds for private industry. Judge Barnes stated that this would be for private enterprise. Mayor Jones stated that he understood the problems with public funds since it is tax money that is being used but he questioned whether the City should not approve this since there is such a housing problem. He expressed the opinion that the City should take advantage of this offer. Council Member Dumphy stated that these bonds will be purchased by a bank and they will not be on the bond market to be in competition with municipal bonds. He also pointed out that such a project would provide jobs for local citizens. Mayor Jones suggested that this be discussed next week. Assistant City Manager Utter explained again that for this particular proposal it is indicated that they are going to close this proposal on Tuesday, October 13, which is before the next City Council Meeting. He stated that he would suggest that if it the feeling of the Council is that they want this to happen, that they so inform the South Texas Housing Finance Corporation since the staff has not had time to study this at all. Judge Barnes stated that the South Texas Housing Finance Corporation includes several counties and he does not know if their board will even approve it, but he just wanted to determine what the Council's feelings are about this. Mr. Utter stated that $12.5 million was allocated to the South Texas Housing Finance Corporation and there has not been any competitive offer. He stated that he has really not seen the documents and he cannot recommend it. lutes Jgular Council Meeting October 7, 1981 Page 19 Judge Barnes stated that the $12.5 million proposal was a'decision made by some local developers and the underwriters. Council Member Dumphy pointed out that if they are, in fact, going to close this on October 13, and this area does not take advantage of it that money will be allocated for some other area. Mayor Jones stated that if the staff obtains more information and could recommend this, he would be willing to call a special meeting to consider it. Council Member Zarsky agreed if the staff recommends it. Mayor Jones called for the City Manager's Reports. Acting City Manager Briones presented the following items with related comments and explanations and recommended that: 1. Plans and specifications be approved for' Tracy Addition Street Improvements and bids be received November 3, 1981. Streets included in the project are: Street: Riggan Street Cloyde Street Lynch Street Terrace Street Elizabeth Street 19th Street Tracy Street McKenzie Street From: To: Baldwin Boulevard Baldwin Boulevard Baldwin Boulevard Baldwin Boulevard Baldwin Boulevard Prescott Street Prescott Street 18th Street 19th Street 19th Street 19th Street 19th Street 18th Street Terrace Street Terrace Street 19th Street This is a 6th Year Community Development Program project. It includes the reconstruction of streets with curbs, gutters, sidewalks, drainage, paving and other related improvements. It also includes the replacement of a 40 year old 16 -inch diameter water line from Baldwin Boulevard to Brownlee Boulevard which was included in the 5th Year Community Development Program. 2. The Hurricane Allen Roof Repair project for 11 City buildings be accepted and final payment of $17,487.70 for a total of $46,420 be made to Construction Engineers, Inc. The following buildings were included in the repair work. Fire Station No. 3 Fire Station No. 6 Fire Station No. 13 Fire Station No. 14 Transit Office & Garage Hialco Classroom Building Flour Bluff Satellite Clinic Garden Club Oso Golf Center Club House Williams Drive Clinic Greenwood Library The major portion of the cost of this project will come from insurance settlement damage on the various roofs. Minutes Regular Council Meeting October 7, 1981 Page 20 3. A change order for $10,592 to the contract with W. T. Young Construction Company for Phase 2 improvements to the Broadway Wastewater Treatment Plant be approved. This change order provides for the replacement of four 14" gate valves in the pipe manifold on the relift pumps. The old valves are inoperable and repair would be more expensive than replacement. The project is jointly funded by the Environmental Protection Agency and the City. No appropriation is necessary. Funds are available in the contingency appropriation for contract award. 4. A change order for $11,028 for additional improvements to the Broadway Wastewater Treatment Plant be approved. The change order provides for connection of the new automatic backwash sand filters into the effluent lines and elimination of repair of certain sidewalks. The two effluent lines are connected in several places and the flow had to be stopped to connect the sand filter lines into the final discharge system. Additional materials and labor had to be furnished to complete connections. In addition, several sidewalks, which were to be repaired by Goolsby Building Corporation during Phase I construction, will be damaged by work called for under Phase 2. These sidewalk repairs are being deferred from Phase I to Phase 2 to prevent duplicate repairs. No appropriation is necessary. Funds are available in the contingency appropriation for contract award. 5. The following actions be taken on the paving assessments on Mestina and Artesian Streets: a. The public hearing held September 30, 1981 be closed. b. The assessment roll indicating an assessment of $6,209.86 against the Braslau Furniture Company be adopted. c. Change Order No. 1 for $6,800 to the Nueces County Courthouse Area Street Improvement project be approved which provides for the street widening work at Artesian and Mestina Streets. 6. A drainage easement ,for the Cabaniss Acres Drainage Improvements be . acquired from Saratoga Downs Associates for $3,140. This easement includes three parcels (Nos. 1, 4 & 5). The parcels are located as follows: Parcel 1 (75' x 370') east of and perpendicular to Greenwood Drive; Parcel 4 (50' x 479') south of and perpendicular to Frio Street; Parcel 5 (50' x 1217') between Three Fountains Subdivision and Martin Street. Acquisition is based on the appraised value of $3,140 for Parcel 1 as determined by Mr. Richard Clower, independent appraiser. Parcels 4 and 5 are being dedicated. These are the last parcels to be acquired. 7. The gas rate schedule be amended to allow outside -city customers to be charged the inside -city rate for all gas consumed over one million cubic feet per month. The current outside -city -limit rate is 15% higher than the inside -city -limit rate for all quantities purchased. Additional revenue produced by OCL rates through 1,000,000 cubic feet will be used to offset increased line construction, maintenance and meter reading casts where long distances are involved. Hitox Corporation is the only customer affected by this rate change. 8. The appointment of Jerry L. Sealy to the position of Airport Manager be confirmed. Mr. Sealy is presently Airport Manager in Gainesville, Florida. He has a Bachelor's Degree in Business Administration from the University of Oklahoma. ' He has served as Airport Manager in Gainesville for three years. Previously, he was Assistant Airport Director in Spokane for seven years and Administrative Assistant at the Will Rogers World Airport for four years. _es n,_yular Council Meeting October 7, 1981 Page 21 9. Corpus Christi National Bank (The City's depository bank) offer be accepted to purchase $470,000 Tax Certificates of Obligation, Series 1981, at par plus accrued interest from date of the certificates to date of delivery to the Bank, for certificates maturing and bearing interest as follows: October 1, 1986 October 1, 1987 October 1, 1988 October 1, 1989 October 1, 1990 10.75% 11.00% 11.20% 11.40% 11.60% The effective rate of interest is 11.22074%. This acceptance is contingent upon publication of notice of intent to issue certificates of obligation and final passage of an ordinance authorizing the sale of these certificates as required by the Texas Certificates of Obligation Act. 10. Mr. Hobby H. McCall be employed to provide bond ,attorney services for the proposed sale of $470,000 Tax Certificates of Obligation, Series 1981, at a fee of $2,000 plus estimated out of pocket expenses of $300. 11. $3,295 be appropriated out of the General Fund .to ,pay the estimated cost of selling $470,000 Certificates of Obligation, Series 1981: Bond Attorney Fee $2,300 Printing Certificates 645 Miscellaneous Costs 300 Total - - - - $3, and a resolution of intent to issue certificates of obligation be passed. Council Member Gulley referred to items 9, 10, and 11 and stated that at the time Proposition 14 was considered, the City Manager stated that the Council could not sell certificates of obligation if they did not have the proper tax rate and he was of the opinion that the City should not sell certificates of obligation if revenue sharing funds cannot be used to pay this off. Council Member Zarsky stated that he would like to have a copy of the law making this possible. Assistant City Attorney Doegey explained the law pertaining to the sale of certificates of obligation as it relates to the tax rate of a home -rule City. He summarized by stating even if the Council does approve this, the sale will have to be approved by the Attorney General. 12. A general release be approved for all paving assessments prior to September 13, 1950. The City has no record of any amounts due for paving assessments before 1950. Unfortunately some releases of assessments have not been recorded and thus lengthy record searches could be avoided by this blanket release. Minutes Regular Council Meeting October 7, 1981 Page 22 13. A bait stand lease for Fisherman's Folly Bait Stand be approved for five years with Mr. Kenneth R. Prescott. The bait stand is located on state owned land on the Kennedy Causeway , at the Humble Channel. Mr. Prescott has agreed to pay rent of $120 per month beginning in 1982. The rent would be renegotiable every two years, with the City having the right to increase the rent up to 25% at the end of each two year period. The rent is now $72 per month. It is further recommended that a Lessor's Agreement be authorized with the U.S. Small Business Administration to enable Mr. Prescott to obtain a loan for $13,700 to assist in repairing damage caused by Hurricane Allen. 14. A program of the Independent Insurance Agents of Corpus Christi to combat arson be endorsed. The Independent Insurance Agents will provide an award of $1,000 to any citizen providing information leading to the arrest and conviction of arsonists along with the City's $250 as provided in Ordinance No. 430. The Independent Insurance Agents will also introduce the campaign through the local media under the direction of Morehead, Dotts and La Porte Advertising and Public Relations Firm. The City's $250 is in the Fire Prevention budget. 15. The ordinance authorizing an industrial district agreement with B.W.T.-Moore, Inc.,' be amended, prior to third reading to add a description of the land to be included in the district. 16. A public hearing be held on October 21, 1981 on the contractual annexation of Buckingham Estates. The subdivision is located at the northwest corner of South Staples Street and Yorktown Boulevard extended. 17. Bids be received October 27, 1981, for twelve months supply agreement for linen and towel services. The service includes approximately 580 sheets, 290 pillowcases, and 1,380 dish towels exchanged weekly for the Fire Department; 16 towel rolls exchanged weekly at the Airport for the restrooms and 100 dish towels exchanged biweekly for the Libraries to clean windows. 18. Twelve months supply agreement for janitorial supplies including 57 items of paper supplies, cleaners, disinfectants and hand soap, cans and buckets, garbage can liners and brooms and mops be awarded based on low bid to: a. Bancroft Papers, Corpus Christi: Lot I - Paper Supplies, Items 1-4, 6, 7 & 10 Lot II - Cleaners Items 2, 4, 5, 9, 11, 13 & 14 Lot III - Pine Scent & Hand Soap $22,267.04 $ 5,827.39 $ 2,905.00 Lot IV - Oil Dry Absorbent $ 225.00 Lot V - Metal & Plastic Garbage Cans & Buckets, Items 1-5 and 11 $ 1,662.45 Lot VIII - Trigger Sprayers & Plastic Bottles, Items 4 & 5 109.68 Comb. Total - $32,996.56 Less 1% - 329.97 Subtotal - $32,666.59 utes gular Council Meeting October 7, 1981 Page 23 b. Century Papers, Corpus Christi: Lot I - Paper Supplies Items 5, 8 and 9 Lot II - Cleaners Items 3, 8 and 12 Lot V - Metal & Plastic Garbage Cans & Buckets - Items 6-10 & 12 Lot VI -Can Liners -Comb Total Lot VII - Brooms & Mops Items 1, 2, 8 and 9 Lot VII - Sponges & Squeeges Items 1, 2 and 3 $ 3,890.60 $ 475.80 $ 2,203.32 5,232.50 2,901.60 463.92 Subtotal - $15,167.74 c. C. C. Janitor Supply, Corpus Christi: Lot II - Cleaners Items 1, 10 and 15 $ 2,212.00 Lot VII - Brooms, Mops & Handles Item 3 $ 2030.40 Subtotal - $ 4,24270 d. South Texas Lighthouse Corpus Christi: Lot VII - Brooms & Mops Items 4-7 & 10 $ 2,094.48 Subtotal- $ 2,094.48 Grand Total- $54,171.21 Items 6 and 7 of Lot II, floor finish, are not recommended for award at this time. The low bids were for brands of polish that have not been previously used and tests on the brands are not complete. Bids were received from five firms. Price comparison shows an increase of 26% since August, 1979. 19. Bids be received October 27, 1981, for books -by -mail service for the South Texas Library System. The service includes the purchase of approximately 2,250 paperback books and printing 5,000 paperback book catalogues, 1,000 book order cards, 2,000 mailing labels and 1,000 book bags. The program circulates books in rural areas to individuals without library service and is paid for by Federal and State grants. 20. Bids be received October 27, 1981, for 250 Zoning Map Books used by various City Divisions and sold to the general public. 21. A contract for $20,000 with Mr. Fernando A. Turegano be approved for a sculpture of copper and steel called "Sea Bird" to be located at the Bayfront Plaza at the far east end of the main plaza. 22. A public hearing be held October 28, 1981, on a request by abutting owners, Mr. Wayne Johnson and Harbor Development Company, to close Bennett Street on Corpus Christi Beach from North Shoreline Boulevard easterly to Corpus Christi Bay. This request was previously submitted in September, 1976, but later withdrawn by the applicants. The closing is recommended subject to: Minutes Regular Council Meeting October 7, 1981 Page 24 a. development plans, including a hotel, being submitted to and approved by the City Council within 36 months and construction completed within 5 years, b. the abutting owners providing free pedestrian access to the water. c. the new development being so designed as to maintain a 60 foot visual corridor from Shoreline to the Bay at some location in the total development including both sides of Bennett Street. If development is not required as a condition of closing, it is recommended that a fee be charged equal to the unencumbered land value or approximately $40,000. 23. A five-year concession agreement be approved with Mr. Gabe Hernandez for the McGee Beach Concession for 33% of gross sales. Five bids were received with Mr. Hernandez being the highest. 24. The request of Circus Vargas be approved to use a portion of Bill Witt Park on November 6-8, 1981. Circus Vargas will pay $1,000; post a $1,000 clean-up bond; and provide a $1 million liability policy. The Park Board has been polled and offers no objection. Mayor Jones called for comments from the audience on the City Manager's Reports. Mr. J. E. O'Brien, stated that taxpayers are concerned, particularly about the practice of declaring emergency on so many ordinances. He pointed out that twelve ordinances on the agenda today are listed as emergencies. He objected to this and stated that unless there is a real emergency, the ordinances should be read on three readings as intended. Mr. O'Brien also referred to the recent budget hearings at which time gas rates for property owners were increased. He objected to the fact that now the City plans to decrease gas rate for a special interest outside the City limits. He expressed the opinion that the Council should consider the homeowner first before making such recommendations. Council Member Zarsky stated that he believed that Mr. O'Brien had a good point in suggesting that emergency ordinances be limited in the future. Council Member Hawkins suggested using the words, "urgent public necessity". Further discussion followed on this subject. City Secretary Read informed the Council that the Charter provides that the Council can act by motion, ordinance or resolution and this City has a tradition of acting primarily by ordinance because it is easier. Acting City Manager Briones agreed that actions could be taken by motion without so many ordinances. ites jular Council Meeting October 7, 1981 Page 25 Assistant City Attorney Coffin informed the Council that the Legal Department is in the process of making a recommendation about the manner in which the Council passes ordinances and takes action. Council Member Dumphy requested that this be considered and a staff report be provided indicating how the Council may act by motion without having to pass so many ordinances. Motion by Zarsky that the City Manager's Reports items 1 through 24 be approved; seconded by Dumphy; and passed by the following vote: )ones, Dumphy, Hawkins and Zarsky voting "Aye" on all of the City Manager's Reports; Gulley voting, "Aye" on all of the City Manager's Reports with the exception of items 9, 10 and 11, on which he voted "no"; Turner and Kennedy, "absent". Mayor Jones called for the ordinances. Acting City Manager Briones briefly explained the ordinances on the agenda and asked• Assistant City Attorney Doegey to explain the election ordinance. Mr. Doegey explained the election ordinance and stated that. I.he staff proposes to have on the ballot four separate items with general descriptions of the four areas. Mayor Jones and Council Member Gulley • indicated their concurrence with this plan. Mr. Doegey explained the changes that were discussed today during the consideration of item G, pointing out that the ordinance calling the election contains the date of October 13, 1981 as the deadline for submission of Industrial District Agreements and agreements to voluntarily annex their property signed by residents of River Hills Subdivision in order for those areas to be excluded from annexation. Discussion followed on the wording to be placed on the ballot. City Secretary Read informed the Council that the State Statutes indicate that the only wording necessary on a ballot is "For or Against Annexation of Certain Areas". No one spoke in regard to the ordinances. City Secretary Read presented for the, Council's consideration motions to amend (1) the ordinance pertaining to the fee to be paid by owners or Minutes Regular Council Meeting October 7, 1981 Page 26 developers using the Saraline Drive sanitary sewer system south of Saratoga Boulevard to Oso Creek; and (2) the ordinance pertaining to an industrial district agreement with B. W. T. Moore, Inc. Acting City Manager Briones stated that he was not familiar with the amendment to the ordinance pertaining to the Saraline Drive sanitary sewer system and would like to withdraw that ordinance at this time. Motion by Zarsky that the motion to amend the B. W. T. Moore, Inc. industrial district agreement ordinance be amended prior to third reading to include the exhibit referred to as the description of the property; seconded by Dumphy; and passed unanimously. City Secretary Read polled the Council for their votes and the following ordinances were approved: FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH KENNETH R. PRESCOTT, DBA FISHERMAN'S FOLLY FOR THE USE OF 0.824 ACRES OF THE COASTAL PUBLIC LANDS, SITUATED AT THE HUMBLE CHANNEL CROSSING ON THE PADRE ISLAND CAUSEWAY, FOR FIVE YEARS FOR CONSTRUCTION AND OPERATION OF A BAIT STAND FOR MONTHLY RENT PAYMENTS OF $72 IN CALENDAR YEAR 1981 AND $120 THEREAFTER, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A LESSOR'S AGREEMENT WITH THE U. S. SMALL BUSINESS ADMINISTRATION REGARDING SAID BAIT STAND BUSINESS, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "B". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Turner and Kennedy, absent. FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MR. GABE HERNANDEZ FOR CONCESSION PRIVILEGES AT THE CONCESSION BUILDING AT THE McGEE BEACH, SAID AGREEMENT FOR A PERIOD OF FIVE YEARS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye". SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE NO. DOT-FA76SW-1313 WITH THE UNITED STATES GOVERNMENT ACTING THROUGH THE FEDERAL AVIATION ADMINISTRATION FOR LAND TO BE USED FOR A VAN MOUNTED ENGINE GENERATOR, UNDERGROUND FUEL TANK, AND ASSOCIATED EQUIPMENT IMMEDIATELY NORTH OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT CONTROL TOWER FOR A TERM BEGINNING JULY 1, 1976, AND ENDING SEPTEMBER 30, 1976, AND FURTHER RENEWALS BY THE GOVERNMENT ON A YEAR TO YEAR BASIS BUT NOT TO EXTEND BEYOND tes ,. pular Council Meeting October 7, 1981 Page 27 SEPTEMBER 30, 1991, ALL AS MORE FULLY DESCRIBED IN THE LEASE AND SHOWN ON THE DRAWING NO. SW -C-8517, SUBSTANTIAL COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B". (First Reading - 9/30/81) The foregoing ordinance was read for the second time and passed to its third and final reading by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MR. ADOLPH WITTNER AND MR. AND MRS. BILLY WAYNE BARTON DBA WITT'S BAIT & TACKLE FOR THE CONSTRUCTION AND OPERATION OF A BAIT STAND BUSINESS ON TRACT 10 OF THE COASTAL PUBLIC LANDS, BEING SITUATED AT THE HUMBLE CHANNEL CROSSING ON THE PADRE ISLAND CAUSEWAY FOR FIVE YEARS TO FURTHER PUBLIC RECREATION AND PROVIDING FOR MONTHLY RENT PAYMENTS OF $120, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". (First Reading - 9/30/81) The foregoing ordinance was read for the second time and passed to its third and final reading by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. SECOND READING: AMENDING SECTION 55-50 OF THE CITY CODE OF ORDINANCES, 1976 REVISION, AS AMENDED BY ORDINANCE NO. 16446, PASSED ANI) APPROVED AUGUST 12, 1981, BY ADDING CERTAIN SCHEDULES THEREIN SO AS TO PROVIDE FOR PUBLIC AGENCY FOR RESALE WATER RATES, AS MORE FULLY SET FORTH HEREIN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. (First Reading - 9/30/81) The foregoing ordinance was read for the second time and passed to its third and final reading by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye", Turner and Kennedy, absent. THIRD READING - ORDINANCE NO. 16577: AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH B.W.T. MOORE, INC., FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 36"; EXEMPTING SUCH AREA FROM ANNEXATION AND PROVIDING FOR AN ANNUAL PAYMENT IN LIEU OF TAXES TO THE CITY DURING THE TERM THEREOF; ALL AS MORE FULLY SET FORTH IN THE INDUSTRIAL DISTRICT AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT 1. (First Reading - 9/16/81, Second Reading - 9/23/81) The foregoing ordinance was read for the third time and passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. ORDINANCE NO. 16576: ORDERING AN ELECTION TO BE HELD WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE PURPOSE OF DETERMINING WHETHER OR NOT CERTAIN TERRITORY ADJACENT TO THE CITY OF CORPUS CHRISTI AS MORE FULLY DESCRIBED BY METES AND BOUNDS AND MAPS ON FILE IN THE OFFICE OF THE CITY SECRETARY, AND MADE A PART HEREOF BY REFERENCE THE] SAME AS IF COPIED VERBATIM HEREIN, SHALL BE ANNEXED TO THE CITY OF CORPUS CHRISTI; DEFINING THE TERRITORY TO BE ANNEXED; PROVIDING PROCEDURE FOR THE HOLDING OF SUCH ELECTION; PRESCRIBING THE FORM OF NOTICE OF ELECTION; PROVIDING FOR PUBLICATION THEREOF; PROVIDING FOR FORM OF BALLOT AT EACH POLLING PLACE; ENACTING TO THE PURPOSE OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting October 7, 1981 Page 28 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. ORDINANCE NO. 16579: CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: L ARTESIAN STREET, FROM LEOPARD STREET TO MESTINA STREET, AND 2. MESTINA STREET, FROM WACO STREET TO ARTESIAN STREET; AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AS ASSESSMENT; FIXING A LIEN AND CHARGE,THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. ORDINANCE NO. 16580: AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 TO THE CONTRACT WITH ISLES CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE COURTHOUSE AREA STREET IMPROVEMENTS, WHICH CHANGE ORDER PROVIDES FOR ADDITIONAL STREET WIDTH AT ARTESIAN AND MESTINA STREETS, A SUBSTANTIAL COPY OF WHICH CHANGE ORDER IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $6,800 OUT OF THE NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NO. 220-77-19, COURTHOUSE AREA STREETS (COMANCHE, CARRIZO, ARTESIAN); AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. ORDINANCE NO. 16581: AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF A DRAINAGE EASEMENT FOR THE CABANISS ACRES AREA DRAINAGE IMPROVEMENTS PROJECT; APPROPRIATING OUT OF THE NO. 295 STORM SEWER BOND FUND FOR PROJECT NO. 295-77-9 THE SUM OF $3,140 FOR ACQUISITION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. ORDINANCE NO. 16582: AMENDING THE CODE OF ORDINANCE, CITY OF CORPUS CHRISTI, TEXAS, VOLUME II, CHAPTER 55, UTILITIES ARTICLE IV, GAS RATES AND CHARGES, SETION 55-61 CLASSIFICATION OF CUSTOMERS AND SCHEDULES Or RATES, AS AMENDED BY ORDINANCE. NO. 16451, SO AS TO ADD AFTER THE SCHEDULE OF GAS RATES FOR GENERAL CUSTOMERS PURCHASING MORE THAN ONE MILLION CUBIC FEET OI' GAS PER MONTH, THE PROVISION THAT SUCH PURCHASERS SHALL BE BILLED AT THE INSIDE CITY LIMITS RATE, AS MORE FULLY SET FORTH HEREIN. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. Utes jular Council Meeting October 7, 1981 Page 29 ORDINANCE NO. 16583: CONFIRMING THE APPOINTMENT OF JERRY L. SEALY TO THE POSITION OF AIRPORT MANAGER BY THE CITY MANAGER, PURSUANT TO CITY CHARTER ARTICLE III, SECTION 3; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. ORDINANCE NO. 16584: AUTHORIZING THAT THE CITY EMPLOY THE FIRM OF MCCALL, PARKHURST, AND HORTON AS BOND ATTORNEY IN RELATION TO THE PROPOSED SALE OF $470,000 OF CERTIFICATES OF OBLIGATION, SERIES ]981, FOR USE IN PURCHASING PROPERTY AND IMPROVEMENTS FOR A POLICE TRAINING FACILITY; APPROPRIATING OUT OF THE GENERAL FUND THE FOLLOWING AMOUNTS: $2,300.00 FOR BOND ATTORNEY FEES; $645.00 FOR PRINTING CERTIFICATES: $300.00 FOR MISCELLANEOUS COSTS; FOR A TOTAL OF $3,245.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY INSTRUMENTS FOR THE IMPLEMENTATION HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordianance passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting, "Aye"; Gullley, "Nay"; Turner and Kennedy, absent. ORDINANCE NO. 16585: DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF INTENTION TO ISSUE CITY OF CORPUS CHRISTI, TEXAS CERTIFICATES OF OBLIGATION, SERIES 1981; RESOLVING OTHER MATTERS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting, "Aye"; Gulley, "Nay"; Turner and Kennedy, absent. ORDINANCE NO. 16586: AMENDING CHAPTER 49 STREETS AND SIDEWALKS OF THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY ADDING A NEW SECTION, TO BE NUMBERED 49-24 TO PROVIDE FOR RELEASE OF ALL SPECIAL ASSESSMENTS OWED TO THE CITY WHICH WERE INCURRED PRIOR TO SEPTEMBER 13, 1950, PURSUANT TO THE AUTHORITY OF ARTICLE 1105b, REVISED CIVIL STATUTES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Dumphy, absent. ORDINANCE NO. 16587: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH FERNANDO A TUREGANO FOR A SCULPTURE PIECE CALLED "SEA BIRD" AS MORE FULLY SPECIFIED IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH 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 the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. ORDINANCE NO. 16588: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED, FROM TIME TO TIME AND PARTICULARLY AS Minutes Regular Council Meeting October 7, 1981 Page 30 AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 34 THROUGH 66, BLOCK 3, SAN PEDRO ADDITION; ALL OF BLOCKS 4 AND 5, EXCEPT LOTS 5, 6, 7, 33, 64, 65, AND 66, OF BLOCK 5, LOTS 1 THROUGH 31, BLOCK 6, SEIKEL ADDITION; LOTS 5 THROUGH 8, BLOCK 1, LOTS 13 THROUGH 24, BLOCK 2, ALL OF BLOCKS 4, 5, 7, 8, 9, AND 6, EXCEPT LOTS 31 AND 32 (ZAVALA SCHOOL TRACT), KOSAR ADDITION: AND ALL EXCEPT LOTS 11 AND 13, BLOCK 3, KOSAR ADDITION; AND THE EAST 1/2 OF BLOCK A (MEADOW PARK RECREATION CENTER), MEADOW PARK ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT AND "R-2" MULTIPLE DWELLING DISTRICT TO "R -1B" ONE FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. ORDINANCE NO. 16589: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND MAURICE HUNSAKER AND HENRY TUCKER, A TRUE COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER THE NOTICE AND HEARING, FOR THE ANNEXATION OF APPROXIMATELY 26.97 ACRES OF LAND OUT OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED HEREINAFTER BY METES AND BOUNDS; 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; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. ORDINANCE NO. 16590: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND UPON APPLICATION OF RONALD MASSAD BY GRANTING A SPECIAL COUNCIL PERMIT FOR A PARKING LOT ON LOT 17, BLOCK 11, GARDENDALE NO. 3', SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE .AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent. There being no further business to come before the Council, on motion by Gulley, seconded by Dumphy and passed unanimously, the Regular Council Meeting was adjourned at 7:20 p.m., October 7, 1981. 1, LUTHER JONES, Mayor of.the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of September 2, 1981 through September 30, 1981, inclusive, and having been.previously approved by Council action, are by me hereby approved as itemized. 9/2/81 - Regular Meeting 9/2/81 - Special Meeting 9/9/81 - Special Meeting 9/9/81 - Regular Meeting 9/15/81 - Special Meeting 9/15/81 - Special Meeting 9/16/81 - Regular Meeting 9/16/81 - Special Meeting 9/17/81 - Special Meeting 9/17/81.- Special Meeting, 9/23/81 - Regular Meeting 9/24/81 - Special Meeting 9/30/81 - Regular Meeting AOPP -they res Mayor