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HomeMy WebLinkAboutMinutes City Council - 08/03/1983I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of August 3, 1983 thru August 31, 1983, inclusive and having been previously approved by Council action, are by me hereby approved as itemized. August August August August August August August August August 03, 1983 10, 1983 10, 1983 10, 1983 15, 1983 17, 1983 24, 1983 31, 1983 31, 1983 - Regular Council Meeting - Special Council Meeting - Regular Council Meeting - Special Council Meeting - Special Council Meeting - Regular Council Meeting Regular Council Meeting - Regular Council Meeting - Regular Council Meeting Lut'er MAYOR MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 3, 1983 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley Herbert Hawkins * Dr. Charles W. Kennedy ** Cliff Zarsky City Manager Edward 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 the Reverend Vernon Elmore of First Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Herbert Hawkins. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Mayor Pro Tem Betty Turner that the Minutes of the Special Meeting of July 6, 1983 and the Reconvened Meeting of July 13, 1983 (Land Mass) be approved as presented; seconded by Council Member Dumphy; and passed unanimously. Mayor Jones noted the issuance of a proclamation designating August, 1983 as "OSTOMY AWARENESS MONTH". * * * * * * * * * * * * * * Mayor Jones called for Board and Committee appointments and briefly explained those discussed during the morning Workshop meeting. SEP 191984 A IMED Minutes Regular Council Meeting August 3, 1983 Page 2 A motion was made by Council Member Gulley that the following appointments be confirmed; seconded by Council Member Dumphy; and passed unanimously: PRIVATE INDUSTRY COUNCIL: (These were tentatively appointed on May 4, 1983.) a. Private Sector: Term: Isacc Barrera 6-30-84 Eddie Garcia 6-30-85 Al McRae 6-30-85 Dean Sanders 6-30-85 Larry Tucker 6-30-84 Edward Sample 6-30-84 Education: Roel Carmona Rehabilitation: C. Carter Luckie Economic Development: Romeo Garcia Public Employment Service: Allen ltz Community Based Organization: Welder Brown b. Civil Service Commission: Roland Brauer (Reappointment) c. Planning Commission: William H. Locke, Jr. (Reappointment) Donald Shelton (Reappointment) Mildred K. Thodos 6-30-85 6-30-84 6-30-85 6-30-84 6-30-85 6-15-86 7-31-86 7-31-86 7-31-86 Minutes Regular Council Meeting August 3, 1983 Page 3 d. Solicitations Commission: Harold Shockley (Reappointment) Bernard M. Golding (Reappointment) Clifton Lampkin (Reappointment) Jessie Lopez 7-10-86 7-10-86 7-10-86 7-10-84 e. Cable Communications Commission: Dr. John M. Etheridge (Religious) Reappointment 7/86 Gloria Fuller (Community -at -large) 7/86 Norberto Viamonte (Community -at -large) Reappointment 7/86 f. Landmark Commission: 9• Linda Dorsey 11-20-83 Alvin McVea 11-20-83 Animal Control Advisory Board: Mary Elmore Williams (Community -at -large) h. Bay Drilling Committee: J. Todd Scharnberg (Oil industry) * * * * * * * * * * * Mayor Jones called for Action of the Council the following item: 1. Staff be directed to prepare plans and of Elizabeth Street in accordance with memorandum. * 5-31-84 12-31-83 * from the Workshop Meeting on specifications for improvement option 2 of the July 8, 1983 Mayor Jones reviewed the plan in option 2 and stated that the Council has agreed to reconstruct Elizabeth Street 48 feet wide from Ocean Drive to Santa Fe only plus repair sidewalk and driveways from Santa Fe to Staples. This option provides only for major reconstruction from Ocean Drive to Santa Fe and it is anticipated that, in future years, due to Spohn Hospital and expected area medical facility growth, the 48 -foot street would be necessary to adequately handle expected traffic movements. Since the street from Santa Fe to Staples is in relatively good shape, the widening could be deferred until some future date as needed. The repair of the sidewalks and the driveways would be essential in upgrading the area as required by Community Development Program. He referred to this as a reasonable short-term solution, noting that the cost would be $225,000. Mayor Jones then called for comments from the audience on this item. Minutes Regular Council Meeting August 3, 1983 Page 4 Mrs. Catalina Martinez, representative of the residents of the Spohn Hospital Area, informed the Council that HUD will begin to review the Community Development Block Grant Programs. She reiterated that they are all opposed to widening Elizabeth Street because she felt that the CDBG funds are designed to improve the life of low to moderate income families and this widening would have an adverse effect on their already established neighborhood rather than improving the life. She stated that the widening would not benefit the residents but would actually be a detriment and the elimination of head -in parking would be a hardship. Mrs. Martinez continued by pointing out that the Staff had clearly stated that the widening of Elizabeth Street would benefit the Marina del Sol and other condominiums to be constructed in the future. She expressed the opinion that the use of CDBG funds is improper to benefit the residents of condominiums on Ocean Drive. She pointed out that there is no traffic congestion at this time on Elizabeth Street and questioned the traffic counts reported by the Traffic Department. She urged that the street and sidewalks of Elizabeth Street be repaired but that the street not be widened. Council Member Hawkins stated that he had agreed during the Workshop session to approve to option 2 on Elizabeth Street because it was his understanding that there was no opposition to the widening for the portion between Ocean Drive and Santa Fe, but apparently there is. * Dr. Charles Kennedy arrived at the meeting at 2:25 p.m. during the foregoing presentation. Council Member Hawkins suggested waiting on this item until the City has received a ruling from HUD in regard to the waiver granted the City to allow for charging of assessments. Mayor Jones inquired if the waiver will have anything to do with traffic circulation on this street. Mr. Hawkins continued by stating that the City has a waiver that allows special assessment procedures that is usually not associated with Community Development Block Grant projects. He pointed out that there is a possibility that if the waiver is withdrawn, Community Development Block Grant funds would have to be used for the assessments. Mayor Jones asked for the breakdown on the funds to be used for these street improvements and Assistant City Manager James K. Lontos explained that 80% of the funds would be Community Development Block Grant funds and 20% would be from bonds or assesments. City Manager Martin pointed out that the property to be assessed would be entities such as Spohn Hospital, etc. He stated that this project is 100% eligible for Community Development Block Grant funds. ** Council Member Zarsky arrived at the meeting at 2:36 p.m. Minute's Regular Council Meeting August 3, 1983 Page 5 Council Member Gulley explained to Mrs. Martinez that the City is just attempting to alleviate the traffic problem next to Spohn Hospital, and Mrs. Martinez stated that Sister Kathleen of Spohn Hospital has indicated that they do not want Elizabeth Street widened. Council Member Kennedy assured Mrs. Martinez that whether Spohn Hospital wants the street widened or not, there is a need for a wider street and the City is not doing this for Spohn Hospital. Mr. Wilson Calhoun, representing Mr. David Jackson, the owner of Camp Cleaners, stated that this establishment is located between Third Street and Santa Fe and they concurred with the remark Dr. Kennedy made during the morning Workshop meeting that there are three definite sections of Elizabeth and they are concerned about the block in which Camp Cleaners is located. He stated that the street is already 31 feet wide and there are two busineses located in that block that have head -in parking which is absolutely essential for their successful operation. Mr. Calhoun also pointed out that the traffic is much less than the portion of Elizabeth near Spohn Hospital. He noted that the elimination of head -in parking will virtually destroy the business for Camp Cleaners. Mr. Calhoun summarize by stating that they recommend that the head -in parking be retained in front of Camp Cleaners. Mr. David Jackson also addressed the Council and urged that they consider retaining the head -in parking because otherwise, he would lose all of his business. Mayor Jones and Council Member Gulley indicated that they did not feel that parallel parking would destroy the business of Camp Cleaners. Council Member Kennedy, noting that this portion of Elizabeth Street is different from the two blocks off Ocean Drive, made a motion to proceed with option 2 in all areas except the north side of Elizabeth Street between Third arid Santa Fe Streets and asked the Staff to analyze that area and present to the Council the various options that can be utilized on that portion of Elizabeth Street. Mayor Pro Tem Turner seconded the motion. Discussion followed and Mayor Jones called for the vote on the motion which passed as follows: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins voting, "Nay". * * * * * * * * * * * * * Mayor Jones announced the public hearings on two zoning applications: Minutes Regular Council Meeting August 3, 1983 Page 6 36. Application No. 783-2 - Candystick Corporation: for a change of zoning from "R-2" Multiple Dwelling District to "AB" Professional Office District on Lots 14 and 15, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located between Rodd Field and Quail Springs Roads, approximately 550' north of County Road 26-A. Assistant City Manager Tom Utter stated that two notices of the public hearing had been mailed and none had been returned. He stated also that both the Planning Commission and Planning Staff recommend approval. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. Mayor Jones ascertained that no one wished to speak in opposition to this zoning request. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. A motion was made by Mayor Pro Tem Turner that the requested zoning be approved, seconded by Council Member Kennedy and passed unanimously. Assistant City Secretary Dorothy Zahn polled the Council for their votes and the following ordinance was passed effecting the zoning change: 36. ORDINANCE NO. 17766: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CANDYSTICK CORPORATION BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOTS 14 AND 15, SECTION 26, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FROM "R-2" MULTIPLE DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy, and Zarsky voting, "Aye". * * * * * * * * * * * * * 37. Application No. C783-1 - City of Corpus Christi: for a change of zoning from E" Residential Estate District to "RA" Residential Acreage District on Block 1; Lots 1, 2, 4, and 11-16, Block 2; Lots 4-21, Block 3, Lots 1-6 and 9-34, Block 4; Block 5, 6, and 7, and Lots 1-16, Block 8, Flour Bluff Heights and from "RE" Residential Estate District with "SP" Special Permit to "RA" Residential Acreage District with "SP" Special Permit on Lots 3 and 5-10, Block 2; Lots 1-3, Block 3, and Lots 7 and 8, Block 4, Flour Bluff Heights, located along Valerie, Skipper, and Jester Streets, east of N.A.S. Drive. Minutes Regular Council Meeting August 3, 1983 Page 7 Mr. Utter stated that 93 notices of the public hearing had been mailed and one in favor and three in opposition had been returned. He stated that the Planning Commission recommends denial because the original Flour Bluff Development Plan indicates that this is to be zoned "1-2" and they felt that this was more in conformance with the Flour Bluff Development Plan than "RA" zoning. Council Member Dumphy inquired if this was not one of the areas that the Council had worked out, and Mr. Wenger replied that it was. Mr. Wenger continued by locating the area on the zoning and land use map, described the land use in the surrounding area, displayed the Flour Bluff Development Plan and located the property in question, noting that it is in the APZ1 Zone, and then showed slides of the vicinity. Mr. Wenger reminded the Council that they had asked that this be zoned a new type of zoning rather than "1-2" because of the amount of vacant area in the subdivision and the Council had recommended that it be zoned "RE" and requested the Staff and Planning Commission to establish a new zoning category. He noted that the Council had approved the zoning of "RA" which is a residential dwelling with a minimum lot size. Mayor Jones called for comments from the audience on this case. Mr. Ray Edward Cox, 409 Boathole Drive, stated that he did not understand why there is a division of a tract of land in this area; part of it will be zoned "1-2" and the other part will be "RA"; and if they decide to expand their fishing trade, there will be difficulties. Mayor Jones stated that he felt that the portion referred to should be allowed to remain zoned "1-2". Mr. Utter pointed out that the Council would have to ask that that portion be removed from the zoning case and the City could initiate a zoning case to change that portion from "RE" to "1-2" if the Council desired. Mrs. Myrtle McAlpine, 446 Skipper Lane, stated that she owns four lots across the street bounded by two trailer parks and she was happy with the "1-2" zoning because of her plans to sell that property to someone who wishes to establish boat sheds. Mr. Utter stated that if this tract is eliminated from the "RA" zoning, the City could also initiate a zoning case on it and notify all of the people in the area about such a contemplated change. Mr. Wenger pointed out that if there are objections to this, the zoning of "RA" could be approved. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. Minutes Regular Council Meeting August 3, 1983 Page 8 A motion was made by Mayor Pro Tem Turner that the Council concur with the recommendation of the City Staff and rezone a portion of this tract to "RA" with the exception of the tract referred to by Mr. Cox and Mrs. McAlpine; seconded by Council Member Kennedy; and passed unanimously. * * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following item: 35. 3:00 p.m. - Preliminary assessment roll for the Clemmer-Dillon-Nemec Street Improvement Project providing for assessments of $120,626.75 for the 84 items on the roll. City Attorney J. Bruce Aycock stated that the assessment hearing is required by State Law in order to provide testimony to enable the Council to determine if the property included in the assessment roll will be enhanced at least in the amount of the assessment. Mr. Aycock called as his first witness, Mr. Gerald Smith, P.E., Chief Engineer, and established his qualifications, noting that a copy of his resume is on file in the Office of the Engineering Department. Mr. Smith informed the Council that this project is a 1982 Voluntary Paving Project which was requested by the property owners through a petition. He stated that the limits of the streets to be improved are as follows: (1) Clemmer Street from Ayers Street to Naples Street; (2) Dillon Lane, from Port Avenue to State Highway 286 frontage road; and (3) Nemec Street from Ayers Street to Hamlett Drive. Mr. Smith stated that nearly all of Nemec is a residential street; the total north side abutting Dillon Street belongs to the City and the Gas Division is located there; and Clemmer Street is primarily for residential use. He stated that these streets would be constructed by excavation to a width and depth to permit the laying of a 4" or 6" concrete curb, a 2 -foot wide gutter section, 6" compacted sub -grade, 8" compacted caliche base and 11" type D hot mix asphaltic surface. Mr. Smith further informed the Council that Clemmer Street will be 28 feet wide; Dillon Lane will be 40 feet wide; and Nemec will be reconstructed on the south side. He pointed out that 4 -foot wide reinforced concrete sidewalks and 6" thick reinforced driveways will be constructed. He also noted that City work forces will replace existing water lines on Clemmer and Nemec Streets. Mr. Smith stated that bids were received on this project and the low bid was that submitted by King Construction Company in the amount of $363,108.50; the preliminary assessments total $120,626.75; and the City portion will be $242,481.75. Mr. Smith further stated that the project will require 180 working days, which is approximately eight to nine months, for the three streets. He stated that the Staff had prepared the assessment roll based on the assessment ordinance and that it included 84 items. He noted that the City's portion of the cost will be funded from the 1982 Street Bond funds. Minutes Regular Council Meeting August 3, 1983 Page 9 Mr. Smith then explained the methods of payment by stating that the City will send a statement to the property owner 30 days after completion of the project; it may be paid by cash; or the owners may take as long as five years to pay their assessments at an interest rate of 8$. Mr. Aycock called as his next witness, Mr. William J. Holly, Broker and Appraiser. Through questioning of the witness, Mr. Aycock determined qualified as an appraiser for this purpose and that he has on Engineering Office a copy of his qualifications. Mr. Holly testified that he has examined each and every piece of property associated with this project and he was of the opinion that one triangular-shaped property (item #35) should be reduced in the amount of $334.65. He stated that with that exception, he was of the opinion that all other pieces of property will be enhanced at least in the amount of the assessments. Real Estate that he is file in the Mayor Jones invited members of the audience to address this issue. Mrs. Joe C. Bazan, 222 Clemmer (item #68), expressed the opinion that although they had signed a voluntary paving petition requesting the street improvements, she did not feel that they should have to pay the cost of the water line because it has been inadequate for many, many years. She stated that she represents several property owners and they all feel as she does. Mr. Smith explained that the City is installing a 6" water line on Nemec and Clemmer Streets and the authority to assess property owners for the water line was approved a little over a year ago. He stated that they are making the effort to upgrade the area and the water line is being installed at much less than the actual cost. Council Member Zarsky expressed the opinion that possibly, the water line should be paid for by the Utility Department. Mayor Jones asked Mr. Smith for the number of citizens who have had to pay for water lines going into their houses since the ordinance was passed, and Mr. Smith replied that between 2,000 and 2,500 within the past year -and -a -half. Mr. Ricardo Amador, 206 Clemmer Street, also objected to the requirement to pay for the water line. He pointed out that they also need a new sewer line because their line is only 4" in diameter. He urged that the improvements be made to the sewer line as well. Mr. Smith stated that there is a 6" sewer line there and he was not aware of any 4" sewer lines because the ordinance passed over twenty-five years ago required 6" lines. He assured the Council that the Staff will check this particular sewer line to see if it should be included as a part of this project. No one else spoke in regard to the assessments. Minutes Regular Council Meeting August 3, 1983 Page 10 A motion was made by Mayor Pro Tern Turner that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. Mr. Smith explained to the Council that an ordinance will be on the agenda next week to close the hearing and at that time, he would provide a report on the sewer line. * * * * * * * * * * * * * Mayor Jones called for Consideration of Consent Motions on the following items, 1 through 7: 1. Twelve months supply agreement for uniforms for the Police and Airport Security be approved for Cotheran's Uniform Center, Corpus Christi, for the estimated total of $51,612.07, based on low bid meeting specifications. The low bidder was rejected because the samples submitted were of lighter weight and inferior quality than specifications required. 2. A word processing system for the CETA Administration office be purchased for $16,229.10 from the IBM Corporation. This purchase is based on the low bid received for like equipment for the Business Development Commission approved on July 27, 1983. Funds are available in the 1982-83 CETA Administration budget and purchase is subject to approval from the Governor's office. 3. The conversion of present month-to-month rental agreements on various data processing equipment to a 36 -month installment payment plan be approved. This installment payment plan will protect the City from price increases and will save approximately $108,000 in rental payments over the next three years. 4. A public hearing be held on August 24, 1983, to consider the closure request of a 20 foot wide by 90 foot long dedicated but unimproved alley along the west side of Lot 1, Block 8, Brookhaven Subdivision. The staff has no objection to the closure of this alley provided the total width and length of the alley is retained as utility easement because of water, sanitary sewer, electrical and telephone facilities which exist in the alley. 5. A 20' wide right of way easement dedication be acquired from Billy D. Brunson, Trustee for the widening of Up River Road in the Five Points area. The easement agreement is conditioned upon the City's closing of Hearn Road adjacent to Mr. Brunson's property which was done on July 27 and reverting a 30' wide strip of said closed right of way to Mr. Brunson, re -platting the lot and agreeing not to restrict the Grantor's right of access in four proposed driveway areas. Minutes Regular Council Meeting August 3, 1983 Page 11 6. A 30 foot wide right-of-way easement located on the eastern portion of the Flour Bluff Sewer Treatment Plant Site near the Laguna Madre and containing 1.03 acres be granted to the Houston Pipe Line Company for pipe line purposes for a fee of $5,250 with the following conditions: the City retains the right of surface use over the easement area provided said use does not interfere with Grantee's rights; City use for public facilities takes priority over the easement rights granted including the relocation or adjustment of pipelines at Grantee's expense if requested by the City; the City is held harmless from any claims that may arise as a result of the construction of the pipelines and natural gas sales are restricted to one purchaser, Reynolds Metals Company, an existing customer of the Grantee. 7. Tri Star Development be granted a 6 -month time extension on an 11.29 acre area out of Lot 15, Section 6, Flour Bluff and Encinal Farm and Garden Tracts on the east side of Everhart Road south of Cedar Pass Road, which was a portion of a prezoning application that was heard on February 9, 1983 and was approved for a special permit subject to a site plan. The special permit approval will expire on August 9, 1983. Tri Star Development is requesting this extension to allow them additional time in preparation of a site plan for the 11.29 acre portion of this zoning case that was heard on February 9, 1983. The time extension is in accordance with the Zoning Ordinance, Section 30-6, Time Limit for Final Council Action, in which the City Council, at the end of 6 months from the public hearing, can grant additional time for a period of up to 6 months, however, at the expiration of that date, should final action by ordinance not take place, the application shall be deemed denied. There were no comments from the Council or the audience on these items. A motion was made by Mayor Pro Tem Turner that the foregoing items 1 through 7 be approved; seconded by Council Member Gulley; and passed unanimously. * * * * * * * * * * * * * Mayor Jones departed the Meeting at 4:00 p.m. and Mayor Pro Tem Turner presided during his absence. Mayor Pro Tem Turner called for Consideration of Consent Ordinances and Ordinances from Previous Meetings on items 8 through 29. Council Member Kennedy referred to item 8 regarding the Leopard/Baldwin Area Street Improvements and inquired if Lantana Street would be improved. Assistant City Manager Lontos replied that the project only included a sidewalk on the east side of Lantana Street from IH 37 to the St. Theresa School near Up River Road. Minutes Regular Council Meeting August 3, 1983 Page 12 City Manager then stated that he would like to withdraw item 22 which was the third reading of the modification of the lease agreement with Charles Rayburn. Mayor Jones returned to the Council Chamber at 4:07 p.m. Council Member Kennedy referred to items 25 and 26, increasing gas service costs and water rates, and expressed the opinion that the City should try to do everything possible to reduce rates. Mr. Kennedy then made a motion that the alternate rate form for both gas and water used in the Utility Rate Schedule from the Budget Director dated July 29, 1983 be approved. Mayor Jones inquired of City Manager Martin what impact this would have on the City budget. City Manager Martin explained that the impact would be basically the same because the higher users would pay a larger increase. Mayor Pro Tem Turner suggested that the City not increase the rates on the minimum users but instead make up the differences across the board on other users. Council Member Hawkins strongly objected to increasing utility rates in the midst of a recession. Mayor Jones reiterated Cr. Kennedy's motion which was seconded by Council Member Hawkins. Council Member Gulley disagreed with the motion because he was of the opinion that the minimum user had already been given a break and if the City were to do this each year, this would be considered a socialistic system. Council Member Hawkins then disagreed with Mr. Gulley by stating that he did not consider this to be a social program because a profit is made -- the money transferred to the General Fund should remain there and not subsidize other expenses in the City such as the golf courses. Mayor Jones inquired of City Manager Martin if in fact there was a single case where funds had been transferred into the golf courses and City Manager Martin replied that he was not aware of any transfer of funds for the golf courses fund. Mayor Jones inquired of City Manager Martin if there was a profit in the Utilities fund. City Manager Martin replied in the negative by stating that no one had been able to prove that. He stated that if you took that money and stashed it away, you would call it profit but that was not done. He explained that the Utilities fund had ending balances at the end of the year; the money was then carried over as cash available in the Water System; the Water Fund budget shows that the expenses exceed the estimated amount that will be generated in Minutes Regular Council Meeting August 3, 1983 Page 13 the Water Fund; and there is a need to have cash available in the Water Fund. Mayor Jones then called for the vote on the motion to amend, prior to third reading, items #25 and 26, by adopting the alternate rate schedule contained in the memorandum of July 29, 1983 which passed by the following vote: Jones, Turner, Dumphy, Kennedy and Zarsky voting, "Aye"; Gulley and Hawkins, "no". Mayor Jones then called for comments from the audience on the ordinances. Mr. Ron McGee, 434 Linnett, objected to items 24 through 28 and referred to a newspaper clipping indicating that the Public Utilities Commission had reduced gas rates and questioned why Corpus Christi is increasing utility rates. He stated that he had suggested a few weeks ago that a complete investigation of the public utilities operation be made to determine if a profit is made and urged that the Council consider this investigation. Mayor Jones pointed out to Mr. McGee that when the City pays Valero less for gas, the savings are passed on to the users. City Manager Martin agreed and stated that these charges are adjusted monthly and mentioned that there is an independent audit conducted each year on the Utilities Office operation. He also pointed out that the accusations that funds were allocated to the Tourist Bureau and Convention Center fund are erroneous and explained that it was just an inter -fund loan and it is being repaid with an interest. Mr. Jack Gordy, 5820 Everhart, objected to ordinances 25 and 26; objected to City employees working for the T -Head Marina without compensation to the City; and also to Council Members taking their spouses on trips and the City having to pay their expenses. There were no further comments on the ordinances; Assistant City Secretary Zahn polled the Council for their vote on Ordinances 8 through 28, with Ordinance No. 22 having been withdrawn by the City Manager; and the following ordinances were passed: 8. ORDINANCE NO. 17751: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: 1. Quaile Drive, from Villa Drive to Breckenridge Drive, 2. Garfield Drive, from Leopard Street to Westchester Drive, 3. Reeves Drive, from Garfield Drive to Westchester Drive 4. Vancura Drive, from the South Frontage Road of I.H. 37 to Eloise Drive 5. Eloise Drive, from Vancura Drive to Omaha Drive, and 6. Lantana Street Sidewalks, on the East Side, from North of IH 37 to Saint Theresa School. Minutes Regular Council Meeting August 3, 1983 Page 14 AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 9. ORDINANCE NO. 17752: APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS: 1. Quaile Drive, from Villa Drive to Breckenridge Drive, 2. Garfield Drive, from Leopard Street to Westchester Drive, 3. Reeves Drive, from Garfield Drive to Westchester Drive. 4. Vancura Drive, from the South Frontage Road of IH 37 to Eloise Drive, 5. Eloise Drive, from Vancura Drive to Omaha Drive, and 6. Lantana Street Sidewalks, on the East Side, from North of IH 37 to Saint Theresa School. DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL FOR AUGUST 31, 1983 AT 3:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 302 S. SHORELINE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 10. ORDINANCE NO. 17754: CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: 1. U. S. Highway 77 Frontage Roads, from 2,000 feet south of F.M. 624 to 2,600 feet north of F.M. 624; 2. F.M. 624, 400 feet westerly from U.S. Highway 77; 3. Up River Road, from U.S. Highway 77 to Hearn Road; and 4. Hearn Road, from Up River Road to Hearn Road cul-de-sac; 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, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Minutes Regular Council Meeting August 3, 1983 Page 15 11. ORDINANCE NO. 17555: AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 2 TO THE CONTRACT WITH B. E. BEECROFT CO., INC. FOR BUILDING MODIFICATIONS TO THE CORPUS CHRISTI COMMUNITY CONVENTION CENTER/AUDITORIUM COMPLEX WHICH PROVIDES FOR REMOVAL AND REPLACEMENT OF LOOSE AND BROKEN BRICK PAVERS IN THE PLAZA AND DRIVE-THRU AREAS OF THE CONVENTION CENTER; APPROPRIATING $10,265; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 12. ORDINANCE NO. 17756: CLOSING AND ABANDONING THE 10 FOOT WIDE UTILITY EASEMENT ALONG THE SOUTH SIDE OF LOT 1, BLOCK 6, WOOD RIVER UNIT 1; SUBJECT TO PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 13. FIRST READING: AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LEASE AGREEMENT WITH UNICORN VENTURES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR THE PLACEMENT OF VIDEO GAMES AND ESTABLISHING LEASE RENTAL RATES. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 14. THIRD READING - ORDINANCE NO. 17757: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND JACK RYAN FOR THE ANNEXATION OF APPROXIMATELY 41.83 ACRES OF LAND KNOWN AS WILLGWICK ADDITION NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Minutes Regular Council Meeting August 3, 1983 Page 16 15. THIRD READING - ORDINANCE NO. 17758: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND ROGER SEAMAN FOR THE ANNEXATION OF APPROXIMATELY 44.59 ACRES OF LAND KNOWN AS SOUTHFORK UNIT 2 NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 16. FIRST READING: ANNEXING A 41.83 ACRE TRACT OF LAND KNOWN AS WILLOWICK. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 17. FIRST READING: ANNEXING A 44.59 ACRE TRACT OF LAND KNOWN AS SOUTHFORK 2. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 18. ANNEXING AN 18 ACRE TRACT OF LAND KNOWN AS CANE HARBOR. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 19. FIRST READING: ANNEXING A 32.93 ACRE TRACT OF LAND OWNED BY B & G BUILDERS, INC. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Minutes Regular Council Meeting August 3, 1983 Page 17 20. SECOND READING: AMENDING THE MECHANICAL CONTRACTOR LICENSING ORDINANCE TO DELETE PROVISIONS FOR LICENSING BY WRITTEN EXAMINATION; TO EXEMPT HOLDERS OF STATE OF TEXAS AIR CONDITIONING CONTRACTORS LICENSES; AND TO DELAY THE EFFECTIVE DATE UNTIL JUNE 30, 1984. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 21. SECOND READING: APPROVING THE PROJECT PLAN OF THE REINVESTMENT ZONE NUMBER ONE, CITY OF CORPUS CHRISTI, TEXAS. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 22. (Withdrawn by the City Manager -- See page #) 23. THIRD READING - ORDINANCE NO. 17759: CONSENTING TO THE SUBLEASE BY CHARLES N. RAYBURN TO ONNIFLIGHT OFFSHORE, INC. OF THE 0.918 ACRE SITE OCCUPIED BY DOT HELICOPTER AT CORPUS CHRISTI INTERNATIONAL AIRPORT UNTIL JULY 13, 1990, CONDITIONED UPON PAYMENT OF OUTSTANDING TAXES, GROUND RENTALS, AND FUEL FLOWAGE FEES, AND FURTHER CONDITIONED UPON DEVELOPMENT OF THE REMAINING 2.570 ACRES OF THE RAYBURN LEASE ASSIGNMENT, AND OTHER CONDITIONS ALL AS SET FORTH IN THE "CONSENT OF CITY", A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "1". The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 24. THIRD READING - ORDINANCE NO. 17760: AMENDING ARTICLE III, WATER RATES, SECTION 55-51, CHARGES FOR RECONNECTING AND REPLACING METERS, AS AMENDED, AND ARTICLE IV, GAS RATES, SECTION 55-62, CHARGES FOR RECONNECTING AND REPLACING METERS, AS AMENDED, TO INCREASE THE SERVICE CHARGE FOR RECONNECTION OF SERVICE THAT HAS BEEN DISCONNECTED DUE TO A FAILURE TO PAY A DELINQUENCY; REPEALING ALL ORDINANCES HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. Minute's Regular Council Meeting August 3, 1983 Page 18 The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 25. THIRD READING - ORDINANCE NO. 17761: AMENDING CHAPTER 55, UTILITIES, ARTICLE IV, GAS RATES AND CHARGES, SECTION 55-61, CLASSIFICATION OF CUSTOMERS AND SCHEDULES OF RATES, AS SET FORTH IN ORDINANCE NO. 17155, AS AMENDED, 5O AS TO CHANGE THE SCHEDULE OF GAS RATES FOR ALL CUSTOMERS TO THE CITY -OWNED GAS DISTRIBUTION SYSTEM BY PROVIDING A NEW SCHEDULE OF RATES FOR ALL GAS CUSTOMERS; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Kennedy and Zarsky voting, "Aye"; Gulley and Hawkins, "Nay". 26. THIRD READING - ORDINANCE NO. 17762: AMENDING SECTION 55-50 OF THE CITY CODE OF ORDINANCES, 1976 REVISION AS AMENDED BY ORDINANCE 17166, PASSED AND APPROVED JULY 28, 1982, BY AMENDING CERTAIN SCHEDULES THEREIN SO AS TO INCREASE WATER RATES FOR CUSTOMERS USING TREATED OR UNTREATED WATER. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Kennedy and Zarsky voting, "Aye"; Gulley and Hawkins, "Nay". 27. THIRD READING - ORDINANCE NO. 17763: AMENDING SECTION 55-100 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, SO AS TO PROVIDE CERTAIN INCREASES IN WASTEWATER RATES; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". 28. THIRD READING - ORDINANCE NO. 17764: AMENDING SECTIONS 21-7, 21-18 THROUGH 21-21.1, AND 21-46 OF THE CODE OF ORDINANCES 50 AS TO INCREASE GARBAGE COLLECTION AND DISPOSAL CHARGES APPROXIMATELY THREE PERCENT (3%) EFFECTIVE WITH THE FIRST BILLING CYCLE IN THE MONTH OF AUGUST, 1983; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting August 3, 1983 Page 19 The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". * * * * * * * * * * * * * * * Mayor Jones called for Consideration of Ordinance #29 as follows: 29. Third Reading - Amending Ordinance No. 14213, approved by the City Council on March 8, 1978, so as to increase the hotel occupancy tax from 4% to 7%. (First Reading - 7/20/83; Second Reading - 7/27/83) City Manager Martin stated that the Legislature had passed a bill to enable the City to increase this tax effective September 1, 1983. He explained the various funds for which the hotel -motel tax increase would go to. Mayor Pro Tem Turner then stated that the Hotel -Motel Association had not had an opportunity to discuss this increase with City Staff because they were under the impression that this would not be voted on until September. Mrs. Turner then made a motion that this ordinance be postponed for one week to allow the Association an opportunity to discuss this with Staff. The motion was seconded by Council Member Kennedy and passed by the following vote: Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Jones and Hawkins, "Nay". * * * * * * * * * * * * * Mayor Jones then called for Consideration of Action by Ordinance from the Regular Agenda. 30. Third Reading - Authorizing a 40 -year lease agreement with Bayfront Associates, Ltd., for the development of a new land mass north of the Peoples Street T -Head and related boat slips. (First Reading - 7/13/83; Second Reading - 7/20/83) Assistant City Manager Utter explained that on July 27, the City Council approved a number of amendments to the proposed lease with Bayfront Associates for the proposed land mass; the Council has been provided with a rough draft copy of the lease agreement which included these changes; and recommended approval of same. Council Member Zarsky referred to Article 10, Sec. 10.05, as it pertains to Boat slips in the Marina and inquired if it would not be better to establish some method and arrive at a reasonable rate rather than leaving this open. He stated that he had received several complaints about the City Staff pumping gas without reimbursement at the Marina for the private firm, T -Head Marina. Minutes Regular Council Meeting August 3, 1983 Page 20 Assistant City Manager Utter replied by stating that he did not feel comfortable setting a rate now without a rate study which will cover expenses of the City at least. A motion was made by Council Member Zarsky that Article 10, Sec. 10.05 be amended to require that the lease cost be establish to cover all city costs; seconded by Council Member Zarsky. Bob Thorpe, 3373 Mavis, representing Bayfront Associates, stated that the slips would amortize the expenses and it was understood that they would work with the City on this. He also stated that he did not mind reimbursing the City at a reasonable cost but suggested that a provision be included that the developer be allowed to handle the leases themselves in the event the City's expenses become greater than anticipated. Assistant City Manager Utter explained that the City need to be able to actually handle the leasing through the Marina Office so that they will know who has the slips and so that the Marina Office has some control. He stated that he did not consider "reasonable rate" any less than all City costs; that the Boards wanted the City to be in charge of leasing; and that he had no problem with the wording added. Mayor Jones called for the vote on the motion made by Council Member Zarsky which passed unanimously. Council Member Zarsky then referred to Article 16, paragraph c, as it pertains to the Aquarium and inquired what the expected life of the bulkhead would be and how it would be extended to its expected life. Assistant City Manager Utter explained that the developer has five years in which to expand the land mass by 5 acres; 21 acres will be for the developer's use and 21 acres will be for public use; and if the expansion has not occurred during that period, the developer will be required to replace the temporary bulkhead with a permanent. Mayor Jones then called for comments from the audience. Mr. Paul Earls, 4333 Dolphin, expressed concern that the City is giving away one of the public facilities which is assessible to a large number of people who are not rich. Mr. Earls stated that if this plan goes through, the developer will establish boat slip fees which will be excessively high causing boating to become a hobby for the rich and making this facility a playground for the wealthy only. Mayor Pro Tem Turner thanked Mr. Earls for his concerns and stated that she hoped that whatever the fees charged for boat slips by the developer, that they would be compatible with those of the City and clarified that the City of Corpus Christi would continue to lease the boat slips. Minutes Regular Council Meeting August 3, 1983 Page 21 Paul D. Lazarine, Fish and Wildlife Biologist with the U. S. Fish and Wildlife Service's Ecological Services Field Station in Corpus Christi, read from a prepared statement pointing out the Service's recommendations regarding this type of development based on guidelines developed for the Review of Fish and Wildlife Aspects of Proposals in or affecting navigable waters as presented in the Federal Register, Vol. 40, No. 231, December 1, 1975. He indicated that his department has established guidelines to minimize the depth of dredging, assure that the breakwaters or groins contain gaps to maintain circulation throughout the marina. He suggested that floating breakwaters would be ideal for the type of land mass planned. Mr. Lazarin also urged that as much of the water surface as possible should remain unshaded and exposed to wind and wave action to minimize water quality concerns; therefore, narrow channels, wide -decked piers and tall buildings near water need to be avoided. Mr. Lazarin continued by stating that the guidelines further discourage the use of over water placement of non -water dependent activities when upland alternatives are available. He specifically mentioned such developments as restaurants, hotels, gift shops, and office space as being unsuitable. He informed the Council that the Service will object to non -water dependent uses of the landfill. Mr. John Stensland, 337 Primrose, speaking as an individual, stated that he anticipated a lot of problems with the intermingling of the boat slips. There were no further comments from the audience regarding the third reading of the land mass ordinance. Council Member Hawkins stated that he would vote on the contract this time because he felt the changes made were good changes. Council Members Kennedy and Dumphy agreed with Council Member Hawkins and they both indicated they would vote for passage of the ordinance. Council Member Zarsky expressed his opinion by stating that he felt the City is very fortunate to have a group of people that have the inspiration to make this proposal work. Mayor Jones commended Assistant City Manager Tom Utter and Assistant City Attorney John Bell for the many hours of hard work put into this. Mayor Pro Tem Turner stated she felt rather pleased that all of the Members of the City Council see this as a good lease. Assistant City Secretary Zahn polled the Council for their vote on the ordinance which passed as follows: 30. THIRD READING - ORDINANCE NO. 17753: AUTHORZING A 40 -YEAR LEASE AGREEMENT WITH BAYFRONT ASSOCIATES, LTD., FOR THE DEVELOPMENT OF A NEW LAND MASS NORTH OF THE PEOPLES STREET T -HEAD AND RELATED BOAT SLIPS. Minutes Regular Council Meeting August 3, 1983 Page 22 The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". * * * * * * * * * * * Mayor Jones announced the public hearings on the following items: 31. Changing the name of Doubloon Avenue, between Cutty Sark and Gypsy, to Spanker Street. The public hearing on this change on July 20, 1983 was recessed when one of the owners of property which sides on Doubloon objected to the name "Spanker". The objecting property owner has suggested the name Whaler Avenue. There is not a Whaler Avenue in the City and the Padre Isles Property Owners Association does not object to the name. No one spoke in regard to this public hearing. A motion was made by Council Member Gulley that the hearing be closed; seconded by Council Member Hawkins; and passed unanimously. A motion was made by Council Member Gulley to change the name of Doubloon Avenue to Whaler Street; seconded by Council Member Hawkins and passed unanimously. 31. ORDINANCE NO. 17765: CHANGING THE NAME OF THE STREET LISTED BELOW WHICH IS LOCATED WITHIN THE PADRE ISLES DEVELOPMENT Doubloon Avenue (located between Gypsy and Cuttysark Streets) to be changed to Whaler Avenue; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". * * * * * * * * * * * * * 32. Contractual annexation of a 75.355 acre area out of Lots 2 and 3, Section 19, Bohemian Colony Lands, being platted as The Lakes Units 1 and 4. Larry Wenger, Director of Planning, displayed a transparency of the area involved and provided the Council with background information on this and stated that The Lakes Unit 1 and 4 is being developed by Mr. Tucker and that the plats have been received and are ready for Council's consideration. Minutes Regular Council Meeting August 3, 1983 Page 23 Council Member Zarsky inquired if the park would be dedicated in the flood plain area and Mr. Wenger replied that it would be. Mayor Jones ascertained that no one in the audience wished to speak on this annexation. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Mayor Pro Tem Turner that the Council concur with the annexation proceedings, seconded by Council Member Dumphy and passed by the following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, absent at the time the vote was taken. * * * * * * * * * * * * * 33. Contractual annexation of a 1.8 acre tract on Padre Island being platted in conjunction with a plat entitled Padre Island Corpus Christi, Section A, Block 45, Lot 1A. Mr. Wenger located on a transparency the subdivision which is east of the intersection of Windward Drive and South Bartholomew Avenue. He stated that the developer plans to construct condominiums and that it is now inside the city limits. No one in the audience wished to speak in regard to this annexation. A motion was made by Mayor Pro Tern Turner that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Mayor Pro Tem Turner to concur with the contractual annexation, seconded by Council Member Zarsky and passed unanimously. * * * * * * * * * * * * * * *34. Closing 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. City Manager Martin stated that he would like to withdraw this item from consideration for further study. * * * * * * * * * * * * * * * * Mayor Jones recessed the Regular Council Meeting at 5:52 p.m. Mayor Jones reconvened the Regular Council Meeting at 6:01 p.m. Minutes - Regular Council Meeting August 3, 1983 Page 24 Mayor Jones reminded the Council that the Bakersport public hearing is scheduled for 7:00 p.m. at the Convention Center on Thursday, August 4. He stated that he plans to testify to express support according to the resolution that was passed by the City Council some time ago. A motion was made by Council Member Kennedy that the Council reaffirm their support in accordance with the resolution which was passed some time ago; seconded by Mayor Pro Tem Turner; and passed unanimously. Council Member Bob Gulley requested a report on the cost of gasoline, and Council Member Hawkins asked for a report on the caliber of guns used by the Police Department. City Manager Martin informed the Council that this has not been presented to there because he has a very complicated memo pertaining to this which will have to be analyzed before it is transmitted to the Council. City Manager Martin referred to his memorandum explaining an emergency purchase and the procedure whereby emergency purchases can be made. He stated that this was necessary because while the water tank at Sam Rankin was empty, the Staff discovered parts that needed to be purchased. He stated that he, therefore, authorized the purchase of the equipment to eliminate the necessity to go out for bids which would have required several weeks and the delay would have necessitated leaving the tank empty for a long period of time. * * * * * * * * * * * * * Mayor Jones called for petitions or information from the audience on items not listed on the agenda. Mr. Richard Hatch of the law firm of Mahoney, Hatch, Shaffer and Layton, referred to his letter of July 27, 1983 in which he stated that he previously represented those parties now represented by Mr. Prichard pertaining to a condemnation suit. He stated that his clients are really interested in trying to discover if the City is interested in something less than the condemnation and whether a fishing pier should be operated there. He stated that if the City has already set the policy that they are not interested in the fishing pier, then there is no problem, but if the Council wants to operate a pier on Corpus Christi Beach his clients would like to continue to operate it. As background information he explained that the City had to acquire that land in 1968 as a part of the restoration of Corpus Christi Beach; Mr. Selsor gave this land to the City; in exchange for that, Mr. Selsor was granted the right to retain the fishing pier and operate it with a small concession stand. Mr. Hatch provided further information and summarized by stating that if the Council feels that it might be advantageous to the City to continue to have the pier in operation and have the restaurant reconstructed, then his client is interested in operating the pier. Council Member Gulley asked for the City Attorney's opinion as to whether the City Council Members should speak to this at this time since a lawsuit is pending for condemnation proceedings. Minutes Regular Council Meeting August 3, 1983 Page 25 Mr. Aycock informed the Council that they should not take any action on this at this time since it has not been properly posted. Mr. Utter commented that the pier was not shown on the Bayfront Master Plan. A motion was made by Council Member Gulley that since this matter is in litigation at this time, it should not be discussed now but suggested that the Council have a closed meeting to discuss this during next week's Workshop meeting after further information has been obtained. The motion was seconded by Mayor Pro Tem Turner and passed unanimously. Mr. H. H. Smith informed the Council that his next door neighbor has over twenty beehives in his backyard. He explained what a nuisance this was because the bees are all over the neighborhood and speculated that more than likely, the owner is in the business of selling honey since he has so many hives. Deputy City Manager Ernest Briones explained that the City has no ordinance that prohibits the keeping of bees, and Dr. Christopher Buttery, Director of the Health Department, has ruled that he sees no health problem with the keeping of the bees. Mayor Jones stated that he has received a telephone call in regard to this and requested a report from the Staff because he felt that something should be done since the bees are such a nuisance in that neighborhood. Mr. Elvin Brown, 10729 Rockwood, spoke in regard to the same matter stating that the neighbor referred to has twenty-four hives and he, too, is of the opinion that he is actually operating a business. Mr. Floyd Zabaha, another resident of Rockwood Drive, informed the Council that he has a swimming pool and there are hundreds of bees surrounding it at all times which interferes with his children enjoying their pool. Mayor Jones suggested that the City Manager have a Staff member investigate the matter and discuss this with Mr. Woodward, the owner of the beehives. Council Member Gulley referred to the Paradise Pier question previously discussed by Mr. Hatch and asked that information be provided the Council in their Friday packets, and if there is a proposal from Mr. Selsor to lease the pier and operate the restaurant, that consideration be given to this matter. There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Kennedy and passed unanimously, the Regular Council Meeting was adjourned at 6:34 p.m., August 3, 1983.