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HomeMy WebLinkAboutMinutes City Council - 07/06/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 6, 1983 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Herbert Hawkins, Jr. Dr. Charles W. Kennedy, Jr. ABSENT: Council Member Bob Gulley Council Member Cliff Zarsky City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Herbert Hawkins in the absence of the invited minister, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Betty Turner. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones administered the Oath to a newly appointed member of a board, Mrs. Mary Donohoe of the Sister City Committee. Mayor Jones called for Consideration of Action of the Council from the Workshop Session on the following item: Motion to set agenda item on Land Mass for 5:00 p.m. on July 13, 1983, preferably. 4 LN1e0 SSP 191994 Minutes Regular Council Meeting July 6, 1983 Page 2 Council Member Kennedy stated that he felt that it would be more appropriate to set a definite time for this public hearing. He then made a motion that the public hearing to obtain input from the public on the proposed land mass be conducted at 7:30 p.m., Wednesday, July 13, 1983, preferably at the Convention Center. The motion was seconded by Mayor Pro Tem Turner and passed unanimously by those present and voting. Mayor Pro Tem Turner mentioned the Summer Concerts sponsored by the Park and Recreation Department which are conducted at the Cole Park Bandshell every Sunday evening. She stated that she had attended the previous Sunday's concert and found it was very worthwhile. She urged that as many people as possible attend the concerts. * * * * * * * * * * * * City Manager Martin suggested that the Council consider one of the discussion items from the Workshop meeting as it pertains to the wording to be placed on the ballot in regard to the City Hall. He reviewed actions taken by the Council, noting that they made a motion that two actions occur, one of which is the question of issuing general improvement bonds for a new City Hall. He stated that this wording had been checked with the bond counsel. He stated that the second motion made by the Council was for an advisory item to be placed on the ballot for citizens to vote on two sites for the proposed City Hall. He explained that since tests have not been performed on a specific site on the bluff, the Staff is suggesting that the second site be listed as in the area of Blucher Park on the bluff but not tying it down to a specific lot. Council Member Kennedy agreed that this was good wording because if the City is unable to negotiate with the property owners for a particular site, then they could attempt to acquire a site in the same area. Mayor Jones suggested that the City should make it very clear to the voters that if the Blucher Park site is approved, it could be at the location of the previously discussed Site "D" or it could be one of several sites in that area and it would be the next Council's duty to determine the exact site. Mayor Pro Tem Turner stated that in her opinion there was some confusion with the terminology "Bluff", noting that it could be either South Bluff Park or up on the hill. City Manager Martin agreed that the word, "bluff' could be confused but the phrase "near Blucher Park" would clarify the location. Mayor Jones called for comments from the audience on this subject. Minutes Regular Council Meeting July 6, 1983 Page 3 Mr. Harold Alberts stated that he is concerned about the phraseology of having a City Hall either here or on the bluff. He reminded the Council that all of the people who are opposed to having the City Hall on Shoreline also urged that like uses be placed in as close proximity as possible or in other words, he felt that the City Hall should be placed in the governmental problem up on the hill and people would vote against the entire issue if it is located near South Bluff Park. He stated that he had been assured by Judge Bob Barnes that the block near the Courthouse could be purchased for $870,000 and he suggested that that location be pinpointed on the ballot. Mayor Jones stated that he did not have the impression that most of the people wanted a governmental complex but was under the impression that most people just wanted City Hall to be located away from the Shoreline site. Council Member Dumphy inquired if the County formally provided those figures for the purchase of land from them. He stated that he had a complex with the words, "governmental complex" being placed on the ballot. Mr. Alberts reiterated that Judge Barnes had assured him that he would sell that block for the $870,000. Council A1ember Kennedy questioned whether the City could depend upon that statement in regard to the cost of that land in view of the County's earlier actions. Mayor Jones asked City Manager Martin to explain the County's terms at the time he was dealing with them, and Mr. Martin stated that he was informed of a lot of things, including the statement that they would provide the land free. He explained that the Commissioners stated that they would not make their parking lot available for upper level parking and they also indicated that they needed the land in question themselves in the future and would not sell it under any conditions. Council Member Durnphy also pointed out that the reason the second site is listed on the ballot in that manner is because most of the people who spoke at the public hearing preferred Site "D" which is near Blucher Park. He suggested that the wording be rather vague in regard to the second site. A motion was made by Council Member Kennedy to adopt the wording as recommended by the Staff. Mayor Jones stepped down from the presiding chair and asked Mayor Pro Tem Turner to preside briefly. He then seconded Dr. Kennedy's motion. City Manager Martin then suggested that the Staff work further on the wording of the second site. Mrs. Kay Viles suggested that the wording be simple -- vote on the statement, "in the vicinity of the new Nueces County Courthouse". Minutes Regular Council Meeting July 6, 1983 Page 4 Council Member Kennedy then withdrew his motion; Mayor Jones withdrew his second; and Mayor Jones then asked the Staff for a further recommendation. * * * * * * * * * * * * * * * Mayor Jones called for Consideration of the Consent Motions items 1 through 7. 1. Bids be received August 2, 1983 for a twelve month supply, 900 gallons, of firefighting foam for the Fire Department. 2. Twelve months supply agreement for street construction materials utilized by City divisions be approved as follows: Texas Fuel & Asphalt Co. 20,G00 gallons of AC -5 asphalt oil Gulf States Asphalt Co. 25,000 gallons of RC -2 asphalt oil South Texas Construction Co. 43,000 tons of flexible base caliche Heldenfels Brothers 20,000 tons of hot mix asphalt 5,000 tons of flexible base limestone $12,412.00 32,500.00 278,200.00 532,000.00 67,500.00 ESTIMATED GRAND TOTAL: $922,612.00 It is recommended that the only bid received on 440,000 gallons of emulsified asphalt of $303,160 by Riffe Petroleum be rejected because it did not include heated storage tanks within 2 miles of Corpus Christi as specified and bids be again received on July 26, 1983. The apparent low bids by Wright Associates and Heldenfels Brothers on the RC -2 asphalt oil and the flexible base caliche, respectively, did not meet storage tank and laboratory gradation test requirements. Price comparisons range from a 4% decrease for AC -5 asphalt oil to a 2% increase for hot mix asphalt. Thirteen bid invitations were issued and six bids were received. 3. Approving the extension of the City's comprehensive general liability coverage through September 30, 1983 in the amount of $30,125 and authorizing the advertising for bids for the entire insurance package with bids to be received by September 5, 1983. Minutes Regular Council Meeting July 6, 1983 Page 5 4. A public hearing be held on July 20, 1983 on changing the names of the streets listed below which are located within the Padre Isles development: Mizzen Street (located between Aquarius and Lighthouse Streets) to be changed to Skysail Street; Cutlass Street (located between Flint Lock Drive and Windjammer Drive) to be changed to Crossjack Street; Doubloon Avenue (located between Gypsy and Cuttysark Streets) to be changed to Spanker Street. The existing names of these streets are duplicates of other streets in the Padre Isles development and the Padre Isles Property Owners' Association requested the street name changes to eliminate the confusion that exists. All City Departments and the U. 5. Postmaster concur with the street name changes. All of the property owners on these streets have not indicated their concurrence because most of them reside outside the City and have not developed their property. They will be notified of the public hearing date. 5. A public hearing be held on July 20, 1983 on the proposed revision of the Master Sanitary Sewer Plan for the Southern Area of the City for the area bounded by Oso Creek, Holly Road and east of the Saratoga Boulevard/Cabaniss Field Area. The recommended changes will: a) delete the stage construction concept, thus making administration of the plan less burdensome; b) realign service boundaries to follow property lines, thus making development of properties easier; c) reduce the number of lift stations to serve the area, thus eventually reducing operating costs. 6. A public hearing be held on August 3, 1983, at 3:00 p.m. in the City Hall Council Chambers relative to the closure of approximately 100 linear feet of the east end of Nemec Street which currently dead ends and the 30 foot wide unopened Hamlett Drive from South Padre Island Drive to Nemec Street. This hearing is scheduled on the same date with the paving assessment hearing for the Clemmer-Dillon-Nemec street reconstruction project. 7. The City Manager or his designee be authorized to execute an agreement with Nueces County for maintenance services on the City public beach at Padre Island, which was annexed in December, 1981, with services to include lifeguards, lifeguard stations, and portable restrooms between September 1, 1983 through September 15, 1983, and May 17, 1984 through August 31, 1984, and provision for trash receptacles, trash pick-up, and beach cleaning and maintenance on a year-round basis. Maximum expen- diture under this one-year agreement is not to exceed $35,000. There were no comments on these items. Minutes Regular Council Meeting July 6, 1983 Page 6 • A motion was made by Council Member Kennedy that the foregoing items 1 through 7 be approved; seconded by Council Member Dumphy; and passed by the following vote: Jones, Dumphy, Kennedy and Hawkins voting, "Aye"; Turner, absent at the time the vote was taken; Gulley and Zarsky, "absent". * * * * * * * * * * * * Mayor Jones called for Consideration of Consent Ordinances and Ordinances from Previous Meetings on items 8 through 19. There were no comments on these ordinances; City Secretary Read polled the Council for their vote; and the following ordinances were passed: 8. ORDINANCE NO. 17682: AUTHORIZING AN APPRAISAL AGREEMENT WITH SIDNEY H. SMITH III FOR REAL ESTATE APPRAISAL SERVICES FOR THE ACQUISITION OF TWO PARCELS IN CONNECTION WITH THE MAIN LIBRARY SITE; APPROPRIATING $2,000 FOR THIS AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Pule• was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy voting, "Aye"; Gulley and Zarsky, "absent". 9. ORDINANCE NO. 17683: APPROPRIATING $10,000 FOR APPRAISAL SERVICES NEEDED FOR THE ACQUISITION OF PARCELS OF LAND IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy voting, "Aye"; Gulley and Zarsky, "absent". 10. ORDINANCE NO. 17684: AUTHORIZING APPRAISAL SERVICES BY THOMAS F. DORSEY FOR THE ACQUISITION OF PARCELS 6, 7, AND 8 IN CONNECTION WITH THE WOOLDRIDGE-STAPLES DRAINAGE OUTFALL PROJECT; APPROPRIATING $2,250 FOR THIS AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy voting, "Aye"; Gulley and Zarsky, "absent". Minutes Regular Council Meeting July 6, 1983 Page 7 11. ORDINANCE NO. 17685: AUTHORIZING THE EXECUTION OF A CONTRACT WITH BOER -GEAR CONSTRUCTORS FOR THE FLYNN PARKWAY DRAINAGE MODIFICATIONS PROJECT; APPROPRIATING $30,000 FOR THIS CONTRACT; MW DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy voting, "Aye"; Gulley and Zarsky, "absent". 12. ORDINANCE NO. 17686: ANNEXING APPROXIMATELY 152.88 ACRES OF LAND KNOWN AS WOOD RIVER SUBDIVISION, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy voting, "Aye"; Gulley and Zarsky, "absent". 13. RESOLUTION NO. 17687: A RESOLUTION IN SUPPORT OF UNITED STATES NAS CORPUS CHRISTI REQUEST FOR ALLOCATION IN THE 1985 BUDGET FOR PURCHASE OF CLEAR ZONES. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy voting, "Aye"; Gulley and Zarsky, "absent". 14. ORDINANCE NO. 17688: APPROPRIATING AN ADDITIONAL $9,943.62 FROM THE NO. 209 CONVENTION CENTER BOND FUND FOR THE PURCHASE OF A 42 FOOT AERIAL WORK PLATFORM FOR THE CONVENTION CENTER FROM NUECES EQUIPMENT AND SUPPLY COMPANY FOR $49,943.62; GRANTING APPROVAL FOR SUCH PURCHASE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy voting, "Aye"; Gulley and Zarsky, "absent". 15. ORDINANCE NO. 17689: CHANGING THE NAME OF FARINON WAY IN INDUSTRIAL TECHNOLOGY PARK UNIT ONE, TO JUNIOR EECK DRIVE; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting July 6, 1983 Page 8 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy voting, "Aye"; Gulley and Zarsky, "absent". 16. ORDINANCE NO. 17690: AUTHORIZING APPLICATION FOR FINANCIAL ASSISTANCE FROM THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE DEVELOPMENT OF SOUTH GUTH PARK, CORPUS CHRISTI BEACH AND SEAWALL OVERLOOKS, FOR PUBLIC OUTDOOR RECREATION PURPOSES; CERTIFYING THE ELIGIBILITY OF THE CITY OF CORPUS CHRISTI TO RECEIVE FINANCIAL ASSISTANCE; DESIGNATING THE CITY MANAGER AS RESPONSIBLE OFFICER FOR THE PROJECT AND AUTHORIZING HIM TO EXECUTE ALL DOCUMENTS NECESSARY TO APPLY FOR THE GRANT AND TO IMPLEMENT THE PROJECT, PENDING GRANT APPROVAL; AND DESIGNATING THE FINANCE DIRECTOR AS FISCAL OFFICER FOR THE PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy voting, "Aye"; Gulley and Zarsky, "absent". 17. FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT MODIFYING THE TERMS OF A 15 -YEAR LEASE BETWEEN THE CITY, THE LOWER NUECES RIVER WATER SUPPLY DISTRICT, AND KAMPING PLEASURES, INC., ON A 47 -ACRE TRACT ADJACENT TO LAKE CORPUS CHRISTI. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy voting, "Aye"; Gulley and Zarsky, "absent". 18. FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-YEAR LEASE AGREEMENT WITH MRS. HELEN MINNIE FOR MANUAL FOOD OPERATION CONCESSION AT CORPUS CHRISTI GOLF CENTER. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy voting, "Aye"; Gulley and Zarsky, "absent". 19. SECOND READING: AMENDING THE CODE OF ORDINANCES CHAPTER 6, ANIMAL CONTROL SO AS TO MAKE THE EXPIRATION DATE OF AN ANIMAL CONTROL LICENSE THE SAME DATE THE VACCINATION IS DUE. Minutes Regular Council Meeting July 6, 1983 Page 9 • The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Hawkins and Kernedy voting, "Aye"; Gulley and Zarsky, "absent". * * * * * * * * * * * * * Mayor Jones called for Action by Motion on the following item from the Regular Agenda. 20. Authorizing the City to join the Texas Municipal League in its opposition to the Cable Television Bill (S. 66) now pending in Congress and allocating $2,319 as the City's share in a state-wide effort. Mayor Jones provided background information by informing the Council that at the recent meeting of the National League of Cities, the Board approved this resolution. He stated that a number of citizens have objected to SB 66 and at the Texas Municipal League Meeting conducted here in Corpus Christi, a resolution was passed expressing opposition to this bill. He stated that he felt that it was appropriate for the City to also oppose the bill. A motion was made by Mayor Pro Tern Turner that the foregoing action be confirmed, seconded by Council Member Dumphy and passed unanimously. * * * * * * * * * * * * * * Mayor Jones called for Consideration of Actions by Ordinance from the Regular Agenda. City Manager Martin referred to items 21 and 22 in regard to condemnation proceedings for land for the main library site and informed the Council that the Staff has received appraisals; the other parties are in the process of having appraisals prepared; and the condemnation proceedings should be started in order to acquire this land. City Manager Martin referred to item 23 which was the first reading providing for a permit for users of burglar alarm systems and a service for excessive false alarms. He recalled that on June 1st, the City Council had this ordinance under consideration and at that time, a number of representatives of the industry spoke in opposition to two or three issues included in the ordinance. There were some questions as to whether this should be done but there were a number of suggestions that this City adopt an ordinance similar to that of Dallas. He explained that the Staff had discussed this with industry representatives to see if the problems could be worked out and he felt that Mr. Tom Basile's memorandum outlined the discussion very well. He explained that the Staff recommends that a number of changes be made to the ordinance clarifying some of the definitions and a number of other recommendations with which the industry representatives do not concur. He stated that the Staff also feels that the owners of a security system should have a permit. Minutes Regular Council Meeting July 6, 1983 Page 10 Chief Bill Banner of the Police Department agreed that that was the situation and they had compromised on the top priorities. He stated that the Staff felt that the ordinance has enough leeway that the industry will not be too unhappy with it. Chief Banner continued by stating that during the period from December '82 to February '83, there were 3,226 alarms from private security systems; 3,197 of those were false alarms; and the cost to answer the alarms was $58,000. He pointed out that this also takes police officers out of service for the period of time required to respond to the false alarms. He informed the Council that in checking with other cities it had been ascertained that having a penalty system results in fewer false alarms. He stated that the Staff feels that the ordinance worked out represents a good compromise between the City and the industry. Mayor Pro Tem Turner inquired about the reason for requiring a permit, and Chief Banner replied that it is to establish some responsibility for the owners to properly turn off the security systems when they return to their homes or businesses and eliminate setting false alarms. He explained that the City cannot legally charge the security company but they can charge the individual, and the Police Department would have no way of knowing who should be charged for the false alarms if permits are not required. Mayor Jones invited comments from the audience on this subject. Mr. Ken Miller, 6205 Bradley, President of Burglar Alarm Systems, pointed out that a lot of people who have security systems are paying a lot more taxes than people who do not have the alarm systems and he felt that the paper work that would be required would be a nuisance. He stated that they are opposed to this ordinance because of several factors. He explained various situations that could occur connected with the number of "free" alarms allowed, etc. Mayor Jones commented that he understood that some companies charged their customers for false alarms, and Mr. Miller agreed that that is true. He stated that his company does not charge for false alarms. He agreed that the amended ordinance is better than it was but they are still not satisfied with it. Mr. Jim Springer, President of Assured Security Systems, stated that he had several questions. He inquired if there is really a need for the ordinance and stated that he would like to review several points in the ordinance. He then referred to his copy of the ordinance and listed a number of problems that he had with the wording included. Also expressing opposition to the amended ordinance was Mr. Ken Riley, 6815 Safari; Mr. Lane Varney; and Mr. John Hobby. They urged that the ordinance not be passed. Mayor Jones suggested that the City Staff work further with the security companies to further amend the ordinance if they felt it was necessary. Minutes Regular Council Meeting July 6, 1983 Page 11 City Secretary Read then polled the Council for their votes and the following ordinances were passed: 21. ORDINANCE NO. 17691: AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCEL 1 FOR THE MAIN LIBRARY SITE AND TO ACQUIRE SAID PARCEL FROM THE OWNER, CORE SERVICES, INC.; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, and Kennedy voting, "Aye"; Hawkins, absent at the time the vote was taken; Gulley and Zarsky; "absent". 22. AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCEL 2 FOR THE MAIN LIBRARY SITE AND TO ACQUIRE SAID PARCEL FROM THE OWNER, MRS. RUTH CLARK; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, and Kennedy voting, "Aye"; Hawkins, absent at the time the vote was taken; Gulley and Zarsky; "absent". 23. FIRST READING: PROVIDING DEFINITIONS; PROVIDING FOR ISSUANCE OF A PERMIT TO ANY PERSON WHO OPERATES OR CAUSES TO OPERATE CERTAIN BURGLAR ALARMS SYSTEM; PROVIDING FOR SERVICE FEES FOR CITY RESPONSES TO EXCESSIVE FALSE ALARMS; PROVIDING FOR REVOCATION OF PERMITS; APPEAL FROM REVOCATION OF A PERMIT; PROVIDING STANDARDS FOR BURGLAR ALARM PROTECTIVE SERVICES AND BURGLAR ALARM SYSTEM OPERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING A PENALTY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy and Kennedy voting, "Aye"; Hawkins, absent at the time the vote was taken; Gulley and Zarsky, "absent". * * * * * * * * :t +; * * * * * Mayor Jones announced public hearings on several items. 24. Closure request of a 20 foot wide alley in Water Block 8, Beach Portion. The request was made by Stark Shoreline Company prior to the construction of a multi -story office building on Shoreline Boulevard between Mann and Twigg Streets. Minutes Regular Council Meeting July 6, 1983 Page 12 Assistant City Manager James K. Lantos located the alley on a transparency and stated that it is between the two new hotels and at the location where a multi -story office building will be constructed. He informed the Council that there are a number of utilities in the alley and the Staff felt that the applicant should pay for the relocation of the utilities as well as replatting the property. No one spoke in regard to this closing request. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Mayor Pro Tern Turner and passed by the following vote: Jones, Turner and Kennedy voting, "Aye"; Dumphy and Hawkins, absent at the time the vote was taken; Gulley and Zarsky, "absent". Mr. Lontos stated that an ordinance effecting this closing will be on the agenda next week. * * * * * * * * * * * * * * * 25. Closure request of Whiteley Drive fronting Lot 49, Laguna Madre Cove. This street currently dead -ends in the extreme south end of Flour Bluff, and in addition to the closure request across Lot 49, the applicant is requesting a revocable easement for private use of Whiteley Drive fronting Lot 48, Laguna Madre Cove. Mr. Lontos located the street to be closed and stated that it dead -ends in the extreme south end of Flour Bluff. He explained that the owner of Lots 47, 48 and 49 has requested that Whitely Drive be closed so that he can have Netter access to his property. He stated that this portion of Whitely Drive does not serve any other residents and Mr. Lontos then located a revocable easement that the owner is also requesting in which the Council concurs provided a cul-de-sac is constructed at the owner's expense. No one spoke in regard to this public hearing. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Kennedy and passed by the following vote: Jones, Turner and Kennedy voting, "Aye"; Dumphy and Hawkins, absent at the time the vote was taken; Gulley and Zarsky, "absent". * * * * * * * * * * * * * 26. Contractual annexation of an 18 -acre area being Lots 1, 2 and 3, Block 37, all of Blocks 38 and 39, a portion of Block 45, all of Pontevedra Drive, a portion of Whitecap Boulevard, Padre Island, Corpus Christi, Section H, Unit 1, Blocks 32 thru 45, being platted as Cane Harbor Bay, Padre Island, Corpus Christi. Minutes Regular Council Meeting July 6, 1983 Page 13 Mr. Larry Wenger, Director of Planning, informed the Council that the request for annexation of this area and a portion of Whitecap Boulevard has been made in order for the property owner to obtain City utilities. He explained that it would be a FUD zoned tract and there will be water on all three sides_ of this area of annexation. No one spoke in opposition to this annexation. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Hawkins and passed by the following vote: Jones, Hawkins and Kennedy voting, "Aye"; Turner and Dumphy, absent at the time the vote was taken; Gulley and Zarsky, "absent". * * * * * * * * * * * * * * 27. Contractual annexation of a 32.93 acre area out of Lot 8, Section 19, Bohemian Colony Lands, being platted as Cedar Ridge Unit 1 and an 8.6 acre area out of Lots 2, 3, 14 and 5, Section 11, and Lot 8, Section 19,. Bohemian Colony Lands which is the right-of-way for Shannon Drainage Ditch. Mr. Wenger located the area on a transparency and stated that it is adjacent to Sugar Ridge Subdivision and will be called Cedar Ridge Unit I. He explained that the plat of this property is in the platting process and the owner desires to annex in order to obtain City utilities. He stated that the Staff also recommends the annexation of a portion of the Schanen Drainage Ditch. No one spoke in opposition to this request. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Hawkins and passed by the following vote: Jones, Hawkins and Kennedy voting, "Aye"; Turner and Dumphy, absent at the time the vote was taken; Gulley and Zarsky, "absent". * * * * * * * * * * * * * * A motion was made by Council Member Kennedy that the Regular Council Meeting be recessed at 4:50 p.m. in order to convene the Special Council Meeting to consider zoning applications; seconded by Council Member Hawkins; and passed unanimously by those present and voting. * * * * * * * * * * * * * * Mayor Jones reconvened the Regular Council Meeting at 5:30 p.m. and called for Petitions or Information from the Audience on Matters not Scheduled on the Agenda. Minutes Regular Council Meeting July 6, 1983 Page 14 Mr. Henry Kosling, 1301 Prince Street, referred to an abandonment of a utility easement that had been on the May 4, 1983 Agenda at which time there was a question of the replat of the area. He stated that the Council had not discussed this matter on that date but he still wanted the utility easement abandoned. He explained to the Council that he had discussed this with Mr. Lontos and Mr. Gerry Smith, Chief Engineer, and accordingly, has developed a plan for those lots subject to the abandonment of the easement on which he would like to build a house. He stated that he needed the area for a septic tank system. He stated that he plans to introduce this plat to the Planning Commission and the Engineering Department showing the abandonment of the utility easement, and following this, he will obtain the required signatures on his new plat. Mr. Lontos explained to the Council that Mr. Kosling was before the Council once before requesting closing of the easement at of Laguna Shores and that at the time the request was made, the Staff recommended that the property be platted. He reminded the Council that they had instructed the Staff to try to work with Mr. Kosling to assist him in getting it platted. He further explained that the basic approach for having plats approved is for them to be turned over to the Staff for study and as far as he knew, this plat was in order but Mr. Kosling still needed to go through the platting procedure before the abandonment of the utility easement. Mayor Jones informed Mr. Kosling that the Staff would work on this matter with him. Speaking on another matter was Mr. E. J. McDaniel of Uvalde, Texas, who informed the Council that he had a ccntract with the Mexican Unity Council to provide a carnival for their event to be conducted the week -end of July 16th. He stated that as late as Tuesday afternoon, he had been assured that representatives of that group would be here to straighten out their street closing. He explained that it was his understanding that they had not obtained permission to have the carnival at the location of their event and that although he has done everything he was supposed to do up to this point, the Mexican Unity Council has not obtained the proper permits for this event. He noted that according to his contract with them, he was due to be in Corpus Christi on July 11, to set up the full carnival; his personal attorney has interpreted the ordinance to the effect that they are a public entertainment; but the City Attorney has informed him that the Mexican Unity Council has not obtained the proper permission to have the carnival there. He explained that he was appearing before them because he was apprehensive that if he did not fulfill his portion of the terms of the contract, then he would be in default. He stated, however, that he would have to pay his employees since he had assumed that everything was in order for their operation during the Mexican Unity Council's event. City Manager Martin explained that there is nothing in either contract, either with Bayfest or with the Mexican Unity Council, that would allow for a carnival. He stated that he had informed the Mexican Unity Council that there was no way that a carnival could be held on the Shoreline median because there are other places more appropriate for such events. He stated that the fact that Minutes Regular Council Meeting July 6, 1983 Page 15 the Mexican Unity Council and Mr. McDaniel have a contract is of no concern to the City because his contract provides that the Mexican Unity Council will obtain all permits and they have not done so. He explained that they have never even attempted to obtain a permit. Mayor Jones also explained to Mr. McDaniel that this Council has no intention of permitting a carnival on Shoreline. He stated that the Council is attempting to extend the same privileges to the Mexican Unity Council as they did to Bayfest but neither of them would be allowed to have a carnival. Mr. McDaniel reiterated that according to his contract, he must appear on the correct date. Council Member Kennedy inquired if it would be appropriate for the Council to issue an injunction to resolve Mr. McDaniel's problem, and City Manager Martin stated that he did not see that there is any problem in just informing him that a carnival is not permitted. He stated that the City could write a letter to Mr. McDaniel to the effect that a carnival is not included as a part of the permit with the Mexican Unity Council. Ccuncil Member Kennedy commented that the Council is being accused by Channel 3 of making this a racial issue but he assured the audience that it is not -- it is just that all groups must comply with City regulations. City Manager Martin assured the Council that in the future, on all types of permits, the Staff will require a detailed layout of the planned entertainment location so that these misunderstandings will not occur. Mr. Jack Gordy, 5802 Everhart, alleged that many of the Community Development Block Grants have been spent on items that should not have been approved as a part of the block grants. He pointed out, in particular, that he did not feel that the projects on the bayfront are appropriate uses of Community Development Block Grant funds. He also noted that the parking garage planned for downtown is primarily for employee parking for downtown merchants. He stated that he had sent a letter to the Department of Housing and Urban Development about what he termed to be illegal use of Community Development funds. There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Council Member Dumphy and passed unanimously, the Regular Council Meeting was adjourned at 5:55 p.m., July 6, 1983. * * * * * * * * * * * x * * * DZ/rr