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HomeMy WebLinkAboutMinutes City Council - 01/04/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 4, 1984 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty Turner Council Members: Leo Guerrero Herbert Hawkins, Jr. Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik ABSENT: Council Member David Berlanga, Sr. 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 the Reverend Gene Stewart of Reach Out for Christ Mission, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Herbert Hawkins, Jr. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Council Member Guerrero that Council Member David Berlanga, Sr., who is out of the City, be excused for just cause; seconded by Council Member Herbert Hawkins and passed unanimously. A motion was made by Council Member Hawkins that the Minutes of the Regular Council Meetings of December 14 and December 21, 1983 and the Special Council Meeting of December 20, 1983 be approved as presented; seconded by Council Member Kennedy; and passed unanimously. MICROFILMED linutes Regular Council Meeting January 4, 1984 Page 2 * * * * * * * * * * * * Mayor Jones then administered oaths to the following newly appointed Board Members: Mr. Ruben Gonzales and Mr. Herb Hernandez appointed to the Landmark Commission; Mr. Frank Alegria, appointed to the Marina Board; Mrs. Mary Helen Dunnam and Mrs. Roxie Byrd, Library Board. * * * * * * * * * * * * * Mayor Jones called for the bid opening on the following engineering project: Purdue Road Street Improvements from Debra Lane to 1982 Bond Project. Assistant City Manager James K. Lontos opened bids on following firms: Claude Chapman Construction Company, Inc., Ibanez Construction Company, King Construction Construction Company. Laguna Shores Road, a this project from the Heldenfels Brothers, Company, and Hannes Mayor Jones expressed appreciation to the companies that had submitted bids and stated that they would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. * * * * * * * * * * * * * City Manager Ed Martin provided a report on the possibility of the Council approving an ordinance prohibiting open containers of alcoholic beverages in automobiles. He stated that the City had received a letter from the Attorney General providing a legal opinion on this subject. He explained that the County Attorney had requested an opinion from the Attorney General and the City of Corpus Christi had joined in that question. He informed the Council that the Attorney General has ruled that the City does not have the authority to pass legislation in that field. Council Member Mary Pat Slavik stated that she would like to see something done to prohibit open containers in automobiles and urged support of the State Legislators to introduce a bill to prohibit this on a State level. * * * * * * * * * * * * * Mayor Jones called for consideration of Actions of the Council from the Workshop Session on the following items: 1. Motion to remove the motion on proceeding with demolition of the Old Nueces County Courthouse with the conditions that the staff monitor progress monthly and report to the City Council and that if no significant progress is made by June 1, 1984, the action be reconsidered. Further that ongoing general maintenance of the area be provided. 9inutes Regular Council Meeting January 4, 1984 Page 3 A motion was made by Council Member Joe McComb that the foregoing item be confirmed; seconded by Mayor Pro Tem Turner with the following addition: "To assure compliance with the written timetable"; and passed unanimously. 2. Confirmation of appointment of Dr. John Richards as Chairman and Dr. Fred Cervantes as Vice Chairman of Corpus Christi '90. Mayor Jones stated that he recommended these appointments and that Dr. Richards had concurred with the appointment of Dr. Cervantes as Vice Chairman and these are subject to the approval of the City Council. A motion be confirmed; 3. The for was made by Mayor Pro Tem Turner that the foregoing appointments seconded by Council Member Mendez; and passed unanimously. guidelines proposed in the staff memorandum of December 23, 1983 the use of industrial revenue bonds be approved. A motion was made by Council Member Mendez that the foregoing item be confirmed, seconded by Council Member Slavik and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for Consideration of the Consent Motion on the following items: 1. Bids be received January 24, 1984 for one ambulance to replace a 1977 model with over 100,000 miles on it. The ambulance is included in the 1983-84 Budget. 2. Bids be received January 24, 1984 for an estimated three months supply or 22,960 feet of 3/4"-2" copper tubing to be used by Water, Gas and Transit Divisions. Bids are not solicited for a longer period of time because the price of copper fluctuates frequently. 3. Bids be received January 31, 1984 for one street sweeper for the Street Division to replace a 1975 model with over 100,000 miles on it. The sweeper is included in the 1983-84 Budget. 4. Requests for proposal be received through the close of business February 20, 1984 for the design and installation of a security system for the Corpus Christi Museum. The system is included in the 1983-84 Budget. Council Member Slavik referred to item 4 and inquired about the cost of the proposed security system, and Mr. Martin stated that it would be about $20,000. Council Member Kennedy inquired if the City had any recourse against the firm that provided for the alarm system at the Museum at the time a recent burglary occurred, and City Manager Martin stated that the City has no recourse. He pointed out that the new proposal would include performance of the alarm system as well. 4inutes Regular Council Meeting January 4, 1984 Page 4 5. Twelve months supply agreements be approved for the following traffic control material and supplies for the Traffic Engineering Department: BIDDER Ennis Paint Co. Saf-T-Mark Co. 3M Company Vulcan Signs Southwestern Pipe Clifford of Vermont PRODUCT Pavement marking paint Glass spheres, ceramic markers, epoxy Prefabricated markings Sign blanks, blades, brackets Sign posts Traffic signal cable GRAND TOTAL Bids were received from 12 firms. ESTIMATED TOTAL $ 26,350.41 $ 20,373.00 $ 10,471.80 $ 23,486.20 $ 21,538.44 $ 17,667.50 $119,887.35 6. A twelve months supply agreement with option to extend for an additional twelve months subject to approval of supplier and the City Manager, or his designee, for mufflers, tail pipes, and service be awarded to Shaffer's Muffler Shops, Inc. for an estimated annual expenditure of $15,000.00 on the basis of low bid. Two bids were received. 7. Twelve months supply agreement for data processing cards and forms for Data Processing Department be approved to Data Documents, Inc. for the estimated amount of $52,143.79. Bids were received from 3 firms. Price comparison shows an increase of 1.5% over the previous year's contract. 8. Twelve months supply agreement for approximately 100 tons of fine grade surface course asphalt (hot mix cold lay) be approved to Heldenfels Brothers, Inc. based on only bid received. Heldenfels is currently the only producer of this material in the Corpus Christi area. Estimated annual expenditure is $31,500. Four bid invitations were issued and one bid received. 9. Twelve months supply agreement, with option to extend for an additional twelve months at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for word processing equipment be approved based on low bid to IBM Corporation. A typical system including software is $9,416.00. Prices have decreased 19% since last purchase in July 1983. Thirteen bid invitations were issued and three bids were received. Council Member Slavik referred to item 6 and inquired if bids had been solicited from Midas Muffler and Sears. inutes Regular Council Meeting January 4, 1984 Page 5 Council Member Guerrero handle this type of commercial stated that Sears and Midas Muffler would not use because of the hard usage. City Manager Martin explained the bidding procedures and emphasized the fact that the bid notice was published in accordance with the requirements. Mayor Pro Tem Turner referred to the same item and noted that the bid award includes service and asked what kind of service. City Manager Martin indicated that he did not know. Mayor Pro Tem Turner then referred to item 8 and noting that only one bid was received, inquired as to how the City knew that this was a competitive bid. Assistant City Manager Lontos explained that this supplier is present; the City sent out invitations to four bidders; the item was advertised in the newspaper; and stated that there are four basic suppliers in the general area. He agreed that since only one bid was received, the Staff did not know how competitive the bid was. Council Member Kennedy asked about the same item. Mayor Jones pointed out that this the item on the agenda. He suggested questions should be answered. a comparison of last year's purchase for information is usually incorporated into that the item be approved but that the Mayor Pro Tem Turner referred to item 9 and questioned the high price. City Manager Martin explained that this was a bid item and this was the lowest bid submitted. Mayor Pro Tem Turner suggested that the Staff consider the purchase of an IBM personal computer instead of the display writer. City Manager Martin stated that personal computers are in use in his office but in this case, a word processor was needed. He pointed out that the machines in his office are Xerox machines with less capacity than a display writer which was all that was needed in his office. He emphasized the fact that in this case, a more sophisticated piece of equipment was needed. Mayor Jones inquired if the City had one expert advising the various departments on this type of equipment and what should be purchased, and City Manager Martin stated that not only did they have an expert but they also had a User Committee to advise various departments as to what capabilities are needed. linutes Regular Council Meeting January 4, 1984 Page 6 10. Approve a twelve months supply agreement, with option to extend for an additional twelve months at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for approximately 100,000 gallons of emulsion asphalt oil based on low bid to Texas Emulsion, Inc. for an estimated annual expenditure of $93,000.00. Six bid invitations were issued and two bids received. This material is used by the Street Division in the seal coat program. 11. One asphalt tank trailer used for street crack sealing by the Street Division be approved to Cooper Equipment Co. for $20,300 based on low bid meeting specifications. The apparent low bid from J. W. Bartholow Machinery Co. of $19,713 does not meet the holding tank capacity -400 gal. vs. 500 gal., application piping -1 vs. 2, and the heating capacity -500,000 BTU vs. 700,000 BTU requirements of the specifications. Ten bid invitations were issued and two bids were received. The trailer is included in the 1983-84 Budget. 12. The purchase of a manual and hydraulic puller set be approved based on low bid from Sheinberg Tool, Inc. for $6,235.00. This equipment is a portion of the necessary tools for the Heavy Equipment Maintenance Building currently under construction at the City Service Center. Two bids were received. 13. Tax Roll Adjustments for period 11/1/81 thru 1/31/82 be approved for the following: Tax Levies 8/1/81 Prior Changes Recommended Changes thru 1/31/82 Tax Levies 1/31/82 1981 Levy City $22,988,364 (37,204) 11/1/81 (29,099) Prior Years Levies City Water Dist. $2,073,522 (15,887) (8,206) $20,638 (95) (12) $22,922,061 $2,049,429 $20,531 The net decrease of $29,099, representing .2884% of the 1981 Current Tax Levy, consists of a net decrease in real property of $16,608, and a net decrease in personal property of $12,491. Adjustments to real estate accounts totaled 144 and to personal property accounts 119. 14. Authorizing acceptance of a 100 foot wide drainage easement along Hunter Road north of I.H. 37 from Saber Refining Company. This drainage easement will be used as part of the drainage outfall for the Main Drive Street and Drainage Improvements project which is currently being advertised for bids. Council Member Slavik referred to item 13 pertaining to tax roll adjustments and asked about the meaning of "prior years levies". linutes Regular Council Meeting January 4, 1984 Page 7 Mr. Charles Daley, Director of Finance, explained that prior years levies represent delinquent taxes and this could extend back 20 to 30 years for delinquencies. He also stated that after 1982, they will not be necessary because of the formation of the County Tax Appraisal District. In a related matter, Council Member McComb questioned Mr. Daley as to why new owners are not listed at the appropriate time when boats, etc. are sold. He explained that a friend of his had sold his boat three years ago, yet he still receives tax notices on it. Mr. Daley explained that with so many accounts, it is possible that mistakes could be made. Council Member McComb questioned if the City is really receiving the benefit that they should from the Tax Appraisal District Office. Mayor Jones pointed out that the City pays about $400,000 for the services of the Tax Appraisal District and the service should be better. Mayor Pro Tem Turner inquired about the method of collection of the delinquent taxes from prior years. Mr. Daley explained that the City has two attorneys and three clerical employees attempting to collect the taxes through legal procedures. City Manager Martin pointed out, however, that this City has a very high 99% level of collection and $2 million over a long period of time is not excessive. He noted that most of those delinquent taxes are for less than $100 but the $2 million listed represents a very large number of accounts for a long period of time, possibly as long as 30 years. He pointed out that most of those could have been the result of bankruptcy proceedings and the City does not usually receive payment of taxes following bankruptcy proceedings except that a lien is placed against the property involved. Mayor Jones requested that a report on delinquent taxes be provided the Council, and Mr. Martin explained that it is a rather complicated print-out and he would prefer to have this as a discussion item. Mayor Jones suggested that the Council be provided with copies of the print-out and if they have further questions, they can inquire. 15. Authorizing the City Manager to execute a lease agreement renewing the lease of the Tax Office at 520 Lawrence for the term December 1, 1982 through November 30, 1984. The agreed rent is $3,141.98 per month with the City paying all ad valorem taxes assessed each year. The lease provides for a cost of living adjustment. The City maintains the interior and pays all utility bills. The Lessor maintains the exterior, the air conditioning, and heating, plumbing and electrical systems. 4inutes Regular Council Meeting January 4, 1984 Page 8 16. Approving renewal of the lease agreement with Jose F. Vela, Jr. for space located at 105 North Ash, Bishop, Texas, which is used at a Title III Nutrition Program meal site and social service center in the Senior Community Services Program. The two-year lease has a monthly rental of $210 per month, which represents a 13.5% increase over the previous agreement and contains an option which will allow th City to renew the agreement for an additional two years if desired. Other than the rental increase, there are no other significant changes to the existing agreement. 17. Amending, prior to third reading the ordinance which increases the liability insurance requirements for auto wrecker operators in order to provide for more options for compliance with the garagekeeper's legal liability insurance requirement. There were no comments from the audience on the Motions. A motion was made by Council Member Slavik that the foregoing items No. 1 through 17 be approved, seconded by Council Member Guerrero and passed unanimously by those present and voting. * * * * * * * * * * * * * Mayor Jones called for Consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 18 through 36. Mayor Jones referred to item 25 which authorizes the appropriation of funds for the purchase of outfitting equipment and tools for the Heavy Equipment Maintenance Building and inquired if the City performs major overhauling of vehicles or if they are contracted out. He suggested that if the City contracts these out, there is no need for purchase of the large stands that are listed in the support memorandum. City Manager Martin explained that the City does some of their own work and some of it is contracted out. Council Member Mendez referred to item 24 and inquired if the parts involved are located in CD areas and City Manager Martin responded in the affirmative. Council Member Slavik stated that the Swantner Park cost refers to sidewalk construction and questioned the location of the sidewalk. Assistant City Manager Tom Utter explained that the sidewalks are along the seawall and also sidewalks going to the parking lot. He stated that the landscaping included palm trees which may have frozen during the recent cold weather. linutes Regular Council Meeting January 4, 1984 Page 9 City Manager Martin elaborated by stating that the City has hundreds of palm trees that may have frozen and they have no idea yet exactly how many have been lost. Council Member McComb referred to Ordinance No. 21 authorizing a contract for site development for several parks and inquired as to who is liable for damage, etc. such as frozen palm trees. He explained that at St. Andrews Park, the contractor had started the landscaping and had planted a few trees and even during the freezing weather, they continued to plant the trees. He stated that he felt that the contractor should have been responsible for those trees that were planted during the freeze. City Manager Martin explained that if the City contracts for someone other than City employees to plant trees, their work is guaranteed for one year and it will be the responsibility of the contractor if the trees are damaged by the freeze, or in other words, that contractor was planting trees at his own risk. Mayor Jones suggested that Ordinance No. 32, which was the second reading of the ordinance pertaining to the industrial districts be considered later and that the Council vote on the other ordinances at this time. Mayor Jones called for comments from the audience on all of the ordinances other than No. 32 and there was no response. City Secretary Read polled the Council for their votes and the following ordinances were passed: 18. ORDINANCE NO. 18004: CLOSING AND ABANDONING A 1 FOOT BY 21.5 FOOT PORTION OF A 7.5 FOOT UTILITY EASEMENT IN LOT 4, BLOCK 10, SCHANEN ESTATES WEST UNIT 10, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Hawkins, "absent". 19. ORDINANCE NO. 18005: AUTHORIZING THE EXECUTION OF A CONTRACT WITH GOLDSTON CORPORATION FOR THE SAN JUAN/SAN CARLOS WATER LINE IMPROVEMENTS PROJECT; APPROPRIATING $290,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Hawkins, "absent". Minutes Regular Council Meeting January 4, 1984 Page 10 20. ORDINANCE NO. 18006: AUTHORIZING THE EXECUTION OF A CONTRACT WITH HELDENFELS BROTHERS, INC. FOR THE HEARN ROAD RELOCATION PROJECT; APPROPRIATING $115,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Hawkins, "absent". 21. ORDINANCE NO. 18007: AUTHORIZING THE EXECUTION OF A CONTRACT WITH E. J. NETEK CONSTRUCTION COMPANY FOR THE SITE DEVELOPMENT FOR MIDDLECOFF, JACKSON, AND TURTLE COVE PARKS; APPROPRIATING $250,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Hawkins, "absent". 22. ORDINANCE NO. 18008: AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCEL 69 FOR THE NAVY CLEAR ZONES - CABANISS FIELD PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNER, MR. MARK P. BRATTON AND MR. H. T. BAILEY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Hawkins, "absent". 23. ORDINANCE NO. 18009: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 56 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $245,158.25; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Hawkins, "absent". 24. ORDINANCE NO. 18010: APPROPRIATING $73,348.95 OUT OF PARK BOND FUND NO. 291 AND $3,268.52 OUT OF PARK TRUST FUND NO. 111, AND $9,358.87 OUT OF NINTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR REIMBURSEMENT AT VARIOUS PARKS TO THE GENERAL FUND NO. 102-266-581.43-603; AND DECLARING AN EMERGENCY. linutes Regular Council Meeting January 4, 1984 Page 11 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Hawkins, "absent". 25. ORDINANCE NO. 18011: APPROPRIATING $34,000 TO PURCHASE EQUIPMENT TO OUTFIT THE HEAVY EQUIPMENT MAINTENANCE BUILDING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Hawkins, "absent". 26. ORDINANCE NO. 18012: AMENDING SECTION 2-61 OF CHAPTER 2 OF THE CITY CODE, ADMINISTRATION, BY ADDING A PARAGRAPH REQUIRING THAT A BOARD, COMMITTEE OR COMMISSION MEMBER WHO MISSES MORE THAN THREE MEETINGS IN A TERM YEAR SHALL BE REFERRED TO THE CITY COUNCIL TO DETERMINE WHETHER HE OR SHE SHOULD CONTINUE TO SERVE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Hawkins, "absent". 27. ORDINANCE NO. 18013: RESOLUTION APPROVING AN AGREEMENT BY CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION TO ISSUE A BOND FOR HERCO, INC. AND THE BOND RESOLUTION PROVIDING FOR THE ISSUANCE OF SUCH BOND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Hawkins, "absent". 28. FIRST READING: AMENDING THE CORPUS CHRISTI CITY CODE BY AMENDING CHAPTER 57, VEHICLES FOR HIRE, BY AMENDING SECTION 57-193, EMERGENCY RUN REPORTS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Hawkins, "absent". 29. SECOND READING: AUTHORIZING THE EXECUTION OF A LEASE WITH UNITED AIRLINES INCORPORATED FOR USE OF SPACE AT CORPUS CHRISTI INTERNATIONAL AIRPORT. Kinutes Regular Council Meeting January 4, 1984 Page 12 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Hawkins, "absent". 30. SECOND READING: AMENDING THE CORPUS CHRISTI CITY CODE BY AMENDING CHAPTER 6, ANIMAL CONTROL, BY ADDING SECTION 6-25, LOAN OF SMALL ANIMAL TRAPS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Hawkins, "absent". 31. SECOND READING: AMENDING CITY CODE SECTION 57-152 PERTAINING TO THE ZONES AND FARES OF THE AIRPORT LIMOUSINE SERVICE; AMENDING ORDINANCE NO. 13130 WHICH AUTHORIZED THE AIRPORT LIMOUSINE SERVICE FRANCHISE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE; AND PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Hawkins, "absent". 32. (This ordinance was later considered in the meeting. See page 16) 33. SECOND READING: AMENDING ORDINANCE NO. 15949, AS AMENDED BY ORDINANCE NOS. 16131, AND 16622, TO EXCLUDE INDUSTRIAL DISTRICTS LYING ENTIRELY WITHIN THE GULF OF MEXICO FROM THE CORPUS CHRISTI INDUSTRIAL DEVELOPMENT DISTRICT. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Hawkins, "absent". 34. SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND EDGAR H. MOORE AND J. R. EWING FOR THE ANNEXATION OF APPROXIMATELY 50.91 ACRES OF LAND OUT OF LOT 4, SECTION 11, BOHEMIAN COLONY LANDS, 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. Minutes Regular Council January 4, 1984 Page 13 Meeting The foregoing third reading McComb, Mendez 35. THIRD READING ordinance was read for the second time and passed to its by the following vote: Jones, Turner, Guerrero, Kennedy, and Slavik voting, "Aye"; Berlanga and Hawkins, "absent". - ORDINANCE NO. 18014: APPROVING THE MORTGAGING OF CERTAIN LEASES BETWEEN THE CITY AND THE CORPUS CHRISTI ARTS COUNCIL, INC., PERTAINING TO THE MERRIMAN-BOBYS HOUSE, AND BETWEEN THE CITY AND THE LULAC COUNCIL NO. 1 PERTAINING TO THE GRANDE-GROSSMAN HOUSE. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Hawkins, "absent". 36. THIRD READING - ORDINANCE NO. 18015: AMENDING CITY CODE, SECTION 57-231 TO INCREASE THE LIABILITY INSURANCE REQUIREMENTS FOR AUTO WRECKER OPERATORS OPERATING UNDER PERMIT FROM THE CITY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Hawkins, "absent". * * * * * * * * * * * * Mayor Jones then called for Consideration of Ordinance No. 32 pertaining to industrial districts. Mayor Jones stated that the last time the Council voted on this, he had made a statement to the effect that they should have the opportunity to let the contract continue until its expiration date. He suggested that the Council should examine the fee paid for "in lieu of" taxes as compared to that collected in the rest of the State. He noted that if the City did not have the industrial district income, the tax rate would have to be increased. He also expressed concern that four years from now, the City Council in office at that time may consider raising the taxes on the industrial districts. Mayor Jones then pointed out that local taxation ranks fifth in importance when plants are considering locating in certain areas. He pointed out that companies included in industrial districts pay other taxes such as County, School District, State and Federal. He stated that he had given this careful consideration and gathered the information included in his memorandum on this subject and he felt that the existing industrial district contracts are correct and should be continued. inutes Rea+'1ar Council Meeting January 4, 19x4 Page 14 Mayor Pro Tem Turner read a statement in support of passage of this ordinance. She stated that she had read the information prepared by the Mayor and questioned the point that was made. Mrs. Turner concluded her remarks by stating that she will vote for the modifications of the contracts. Mayor Jones called for comments from the audience. Mrs. Pauline Clarke, 3902 Mueller Street, representing the League of Women Voters, stated that they are opposed to the way in which the industrial districts were created because they felt that the terms were too broad. Mrs. Clarke pointed out that they would have supported the industrial district contracts if they had not been so favorable to the companies. She pointed out that the City's economic base was rapidly moving out of the City limits and because the City Charter requires annexation by voter approval, the City had no way of annexing industries. She stated that they certainly supported the limited industrial districts confined to the Port area but in reality, a large number of industries were included that were not really port -related. She stated that the League felt that the City should amend the City Charter to allow for annexation without an election so that industries that are not port -related could be annexed. Mrs. Clarke continued by stating that the League sees no reason to expand the industrial district contracts when they have five years to go on the current contracts. She, too, expressed the opinion that this would place a responsibility on future Councils to handle tax burdens. She questioned Mayor Pro Tem Turner's statement that the City could not form industrial districts in the Bay. Mayor Pro Tem Turner explained that legally, they could but according to State Law, the industrial districts in the Bay have to be less than other industrial districts, and the existing industrial districts would request the same low payments if industrial districts are formed in the Bay at the lower fee. Council Member Guerrero stated that he was with the Mayor when he was preparing the information on industrial districts and while he agreed somewhat with the Mayor's points, the Council could not lose sight of the fact that it is better to have a small percentage of "in lieu of" tax fees than not to have them at all. Council Member Kennedy stated that he found it interesting that three or four cities that are lowest on the scale are some of the largest cities. He pointed out that this City is in an economically depressed area and by approving these modifications, industries will be able to consider expansion and he felt that this would encourage companies to expand into this area. He indicated that he would vote in favor of this extension of the contracts. Council Member McComb stated that he agreed with Mrs. Clarke that there are some businesses that should not have been included in the industrial districts and he felt that those should be addresssed at some time in the future. He linutes Regular Council Meeting January 4, 1984 Page 15 stated that he had heard another concern expressed in that if an industry decides to locate their facility within the City limits, they do not have an option to participate in an industrial district but would have to pay their taxes. Mayor Jones inquired of the Staff as to what tax incentives are available if industry locates within the City limits. City Manager Martin stated that there is a system whereby the City could abate their taxes for several years but this is not being practiced in this City at this time. Council Member Slavik noted that the industrial district companies themselves did not ask for this extension but the City is the one that initiated this. She stated that she is concerned as to whether this will be a viable inducement for industry and she agreed that the City is in a critical situation as far as the taxes are concerned. Council Member Mendez referred to Mayor Jones' statement and pointed out that according to the information included, the industrial districts Beaumont has are three times as large as Corpus Christi but Beaumont may have a larger and better port and this is what the City Council should be concerned about. He pointed out that not only in Corpus Christi, but in other cities, a lot is being done for industries but when industries' business decreases, they do not hesitate to move out of the City. He expressed the opinion that the industries should give the same consideration to the City of Corpus Christi that has been provided for them by the City. Mayor Jones called for further comments from the audience. Mr. Hal Fessler, President of the Board of the Trade and President of Quintana -Howell Company, expressed appreciation to the Council for what they are proposing. He stated that he felt that it shows some continuity to companies that are considering locating here in Corpus Christi. Mr. Fessler referred to an article in the Wall Street Journal concerning the shortage of jobs and he felt that the important thing for the City to consider is increasing opportunities for additional jobs. He explained that every industry examines the City in which they are considering locating plants and they will select the best and least expensive place to establish facilities. He stated that in his opinion, livability is not the number one consideration for location of plants. Mr. Fessler pointed out that Port Arthur is nothing but a core City now with a lot of industry because it is not as diverse economically as Corpus Christi is. Mr. Fessler continued by stating that industry in this City feels that what has been done and is proposed is certainly proper. He pointed out that there are already some problems in Corpus Christi with utility costs and the Board of Trade had suggested that the industrial district contracts be extended. He stated that he felt that should be done by every succeeding Council because he Minutes Regular Council Meeting January 4, 1984 Page 16 was of the opinion that this assures the economy more than anything else by undergirding the industries. He stated that he would like to see Corpus Christi grow and if the City turns their backs on industry, it would be very regrettable. Mayor Jones referred to Mayor Pro Tem Turner's statement and Mr. Fessler's statement that industry did not initiate this extension but he had some question as to who did initiates it. He noted that Mr. Fessler had met with every Council Member and took exception to Mr. Fessler's suggestion that each Council consider extending the contract every time because he did not believe that it would be legal to constantly extend a seven-year contract. He pointed out that if this is approved, a Council four years from now would be forced to consider increasing taxes and he felt that there was need for a contract that would be fair to all the citizens as well as industries. Mr. Fessler pointed out that there would be additional payments generated for the City with anticipated growth. Mr. August Meinrath addressed the Council on this subject stating that he is retired from a local industry. He stated that he endorsed the two points made by other speakers and pointed out that there are two local industries that are not in operation and the economy is suffering. He also pointed out that there is an extensive struggle over the United States to attract industrial jobs to their cities. He referred to the discussion that occurred when industrial districts were formed and pointed out that the City is trying to tax industry but the City does not provide fire protection or other services and he was of the opinion that this was unfair. Mayor Jones asked Mr. Meinrath if he considered it fair that Champlin Petroleum Company is paying over $3 million to Nueces County, Corpus Christi Independent School District and the Tuloso-Midway School District. He questioned what they are doing for Champlin. Mr. Meinrath stated that that is just the tax structure. There were no further comments on Ordinance No. 32; City Secretary Read polled the Council for their votes; and the following ordinance was passed on second reading: 32. SECOND READING: AMENDING ORDINANCE NO. 15898, AS AMENDED BY ORDINANCE NOS. 15941, 16129, 16167 AND 16601, DIFFERENTIATING BETWEEN INDUSTRIAL DISTRICTS CREATED IN THE GULF OF MEXICO AND OTHER INDUSTRIAL DISTRICTS IN THE CITY'S EXTRATERRITORIAL JURISDICTION, DEFINING THE TERM "IMPROVEMENTS", REMOVING THE 20 -ACRE ANCILLARY INDUSTRY REQUIREMENTS FOR SUBDIVISION PLAT DEFERRAL. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Turner, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Jones, "Nay"; Berlanga, "absent". 4inute s Regular Council Meeting January 4, 1984 Page 17 * * * * * * * * * * * Mayor Jones called for consideration of the following item from the Regular Agenda: 37. Authorizing acceptance of a Quitclaim Deed by which C. B. Slabaugh and wife, Jane Slabaugh, conveying to the City a 9.21 -acre tract out of Lots 3, 4 and 5, Section 26, Flour Bluff and Encinal Farm and Garden Tracts. This land is being donated by the current owners at no cost to the City. Council Member Slavik inquired if the land received from this quitclaim deed would be in addition to park land that will be donated, and City Manager Martin confirmed that it is. A motion was made by Council Member Slavik that the foregoing item be approved, seconded by Mayor Pro Tem Turner and passed unanimously. * * * * * * * * * * * Mayor Jones called for Consideration of the Ordinances from the Regular Agenda on items 38 through 40. In reference to Ordinance 39 which is the first reading of a 60 -year lease with the owners of the La Quinta Royale Hotel providing for a 4 -foot encroachment of the hotel into the Peoples Street right-of-way, Assistant City Manager Lontos explained that this will be in effect as long as it is being used for a hotel. He stated, however, that he cannot conceive of anything other than a hotel being located there. Council Member Hawkins referred to the $1,000 per year payment for the term of the lease and stated that he felt that this indicates that property owned by the City such as easements and rights-of-way have some value. He stated the fact that the City will receive remuneration for this easement proves that land owned by the City does have value and the City should receive money for the use by private concerns. Council Member Slavik referred to Ordinance No. 40 which proposes the inclusion of provisions for regulating the operation of horse drawn carriages within the City limits and stated that she has received many calls in opposition to this and she is very much opposed to this practice. She pointed out that everyone locally is opposed to this, including the Animal Control Advisory Board, the Federal Humane Society, the Director of our Public Health Department, the City Staff, the Gulf Coast Humane Society and almost everyone that she has spoken to. She stated that she will vote in opposition to this ordinance. Council Member Kennedy pointed out that this ordinance would include provisions for the regulation of such an operation. Minutes Regular Council Meeting January 4, 1984 Page 18 City Manager Martin pointed out that this was proposed to change the regulations to allow the City to start franchises for the operation of horse drawn carriages and it is on the agenda today to settle the matter. He stated that this ordinance does not really allow for permits for such operations but is just to set up the regulations. Council Member Kennedy stated that it was his opinion that horses were made to work and this has been done in other cities that are hotter than Corpus Christi. He stated that in the future, he would be ready to consider this when the hotels are finished so as to provide activities for visitors to the City. He pointed out that there has not been a single legitimate question about the operation that has not been answered and in his opinion, with careful regulations, horse drawn carriages could be operated in Corpus Christi. Council Member Guerrero indicated his concurrence with Council Member Kennedy in that he felt that all questions raised had been answered and he felt that to reiterate the questions and imply that the questions have not been answered in wrong. He stated that he felt that the Staff does not recommend approval because of the time that would be involved to establish the rules and regulations. He pointed out that even Dr. Buttery is not 100% against it, he just has some health questions but is willing to help resolve those. and because Mayor Jones stated that he will vote against the passage of this ordinance, Council Member Mendez indicated that he, too, will vote in opposition future date, if the downtown area is changed significantly to traffic, the Council could consider horse drawn carriages at did not feel that they should be allowed on Shoreline at some pedestrian that time Boulevard. type of but he Council Member Hawkins stated that he will vote against this also. City Manager Martin referred to Ordinance 38 which is the first reading of an amendment to the 1979 Agreement of Consolidation between the City and Padre Island Investment Corporation and stated that this is a major item. He explained that this is proposed because of the poor economy at this time. He stated that the City is working with Padre Island Corporation to extend the time limit on some items that they should be doing because of the low sales by that company. He assured the Council that they eventually will have to provide improvements but this will just allow them to wait until the economy improves. No one addressed these ordinances from the audience. City Secretary Read polled the Council for their votes on Ordinances 38, 39 and 40 with the following results: linutes Regular Council Meeting January 4, 1984 Page 19 38. FIRST READING: AUTHORIZING THE EXECUTION OF AN AMENDMENT TO ORDINANCE NO. 14747 WITH PADRE ISLAND INVESTMENT CORPORATION PERTAINING TO THE DEVELOPMENT OF APPROXIMATELY 3,800 ACRES OF PADRE ISLAND LANDS PROVIDING FOR THE DELAYING COMPLETION OF CONSTRUCTION DATES OF SECTION E, COQUINA BAY, PORTIONS OF ISLAND FAIRWAY ESTATES, CAPE SUMMER UNITS 1 AND 2, COMMODORES COVE UNIT 2, AND FURTHER AMENDING THE ANNUAL ESCROW PAYMENT SCHEDULE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "absent". 39. FIRST READING: AUTHORIZING EXECUTION OF A 60 YEAR LEASE WITH GREATER CORPUS CHRISTI ENTERPRISES, INC. PROVIDING FOR THE CITY RECOGNIZING AN APPROXIMATE FOUR FOOT ENCROACHMENT OF THE LA QUINTA ROYALE HOTEL INTO THE PEOPLES STREET RIGHT-OF-WAY, PROVIDING FOR LEASE PAYMENTS OF $1,000 PER YEAR FOR THE TERM OF THE LEASE AND NECESSARY INDEMNIFICATION TO THE CITY FOR SUCH ENCROACHMENT. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "absent". 40. SECOND READING: (THIS ORDINANCE FAILED TO PASS) AMENDING CHAPTER 57 OF THE CODE OF ORDINANCES TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR OPERATING HORSE-DRAWN CARRIAGE SERVICES IN THE CITY; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the second time and it failed to pass by the following vote: Guerrero and Kennedy voting, "Aye"; Jones, Turner, Hawkins, McComb, Mendez and Slavik voting, "Nay"; Berlanga, "absent". * * * * * * * * * * * * * Mayor Jones announced the public hearing on assessments for the following project: 41. Elizabeth Street, from South Staples Street to Ocean Drive as part of the Spohn Hospital Area Street Improvements, Phase II project providing for assessments of $56,392.12 on 36 items. iinutes Regular Council Meeting January 4, 1984 Page 20 Assistant City Manager Lontos explained to the Council that the City Staff had received approval to go out for bids. He explained that this is for a portion of Elizabeth Street from Ocean Drive to 7th Street with the portion from Santa Fe to 7th Street, as in compliance with the Council's desires that it not be widened, to be just for new sidewalks and driveways. City Attorney J. Bruce Aycock explained that the public hearing is required by State Law and called as his first witness, Mr. Gerald Smith, P.E., City Engineer. Through questioning of Mr. Smith, Mr. Aycock determined that he is a qualified engineer who has been with the City for a number of years and is qualified to testify, noting that a copy of his qualifications in resume form is on file with the City. Mr. Smith explained that the project is from Ocean Drive to 7th Street; it is an 8th Year Community Development Block Grant Project; the first two blocks from Ocean Drive to Santa Fe will be totally reconstructed; and the portion from Santa Fe to 7th Street will provide for the removal and replacement of sidewalks and driveways. He noted that those sidewalks and driveways are very old, broken, and estimated to be about 40 years old. Mr. Smith informed the Council that bids were received on this project on November 9, 1983 with the low bid of $258,190 being submitted by Howell Construction Company and Isles Construction Company, a joint venture. He explained that the assessment roll was prepared in accordance with the ordinance on assessments and the total preliminary assessment roll is $57,708.42. He pointed out that this is the first project on which the Staff has prepared the assessment roll in compliance with the amended ordinance pertaining to the use of Community Development Block Grant funds. Mr. Smith continued by stating that the following assessment rates will apply for property other than residential curb, gutter and pavement, $19.50 per linear foot; header curb, $10.80 per linear foot; sidewalk, $1.00 per square foot; and driveways, $3.78 per square foot. He stated that residential property will be assessed at the following lower rates: curb, gutter and pavement, $9.75; sidewalk, $1.00 per square foot; and driveways, $3.78 per square foot. Mr. Smith noted that Spohn Hospital is one of the largest property owners and they are treated under the ordinance as commercial property for a total assessment of $41,700 which is a large percentage of the total assessment for this project. Mr. Smith further explained the recent changes for CDBG financing in that low to moderate income families who earn 120% of the income under Section 8 guidelines and who own and occupy single-family residences on Elizabeth Street will qualify under the new guidelines. He also explained that absentee landlords who rent to low to moderate income residents may also obtain lower interest rates. Minutes Regular Council Meeting January 4, 1984 Page 21 Mr. Smith pointed out that the contractor will be allowed 60 working days, or three months, to complete the project. He explained that the assessments may be paid in cash at the end of the project; they may be paid over a period of five years at an interest rate of 8%; or in case of a hardship, the number of years can be extended. He explained that all of the residents on the street will be sent a letter from Mr. Kelly Elizondo's Office to explain the procedure for qualifying for the new assessment policy for CDBG projects. Council Member Slavik noted that most of these owners are absentee landlords and inquired as to how many people actually live on Elizabeth Street who own their property. Mr. Smith stated that the only one he knows of is a Mr. Plomarity. Council Member McComb inquired as to why these improvements did not extend to Staples Street. Mr. Smith explained that one side of that portion of Elizabeth Street is owned and occupied by the South Bluff Methodist Church and the other side has good sidewalks and driveways. Mr. Mendez questioned the procedure for notifying residents expressing concern that they might not understand the assessment policy. Mr. Smith assured the Council that Mr. Elizondo's Office will not only send the letters but will also contact each resident. City Attorney Aycock called as his next witness, Mr. William J. Holly, Broker and Appraiser. Through questioning of the witness, Mr. Aycock determined that he is qualified as a Real Estate Appraiser and that he has on file in the City Offices, a copy of his qualifications in resume form. Mr. Holly stated that he has been appraising property for about 30 years and that he is thoroughly familiar with each and every piece of property on Elizabeth Street and in his opinion, every piece of property will be enhanced in value at least in the amount of the assessments. He explained the reasons for his opinion, stating that there will be improved drainage, better streets, less dust, and that automobile and pedestrian traffic will be greatly improved. Mayor Jones inquired if there had been a change in the law requiring that the appraiser's opinion be handled in a different way, and Mr. Aycock stated that there had not been, but the Courts are requiring a reason on opinion on the enhancement of property. He stated that even though the requirements have not changed, they are being challenged more often in Court. 4inutes Regular Council Meeting January 4, 1984 Page 22 Mayor Pro Tem Turner suggested to Mr. Holly that he design a standard paragraph to explain the reason for enhancement of property. Mayor Jones called for comments from the audience and there was no response. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez and passed unanimously. Mr. Smith informed the Council that the ordinance officially closing the hearing and adopting the assessments will be before them at a later date. * * * * * * * * * * * Mayor Jones called for the public hearings on three zoning applications: 42. Application No. 1183-15, Bexar Investors, Inc., for a change of zoning from "A-2" Apartment House District to "B-1" Neighborhood Business District, being a portion of Lot 1, Block 2, Flour Bluff Gardens Unit 2, located approximately 75' east of Waldron Road and approximately 125' south of Don Patricio Road. Assistant City Manager Utter stated that in response to the six notices of the public hearing, none in favor and none in opposition from the area of notification had been returned, but one outside the area of notification in opposition was received. He stated that both the Planning Commission and Planning Staff recommend approval. Mayor Jones inquired if anyone in the audience wished to speak in opposition to this zoning case, and there was no response. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. City Secretary Read polled the Council for their votes on the ordinance effecting the zoning change and the following was passed: 42. ORDINANCE NO. 18016: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF BEXAR INVESTORS, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 1, BLOCK 2, FLOUR BLUFF GARDENS UNIT 2, FROM "A-2" APARTMENT HOUSE DISTRICT TO "8-1" NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "absent". Minutes Regular Council Meeting January 4, 1984 Page 23 * * * * * * * * * * * * 43. Application No. 1183-13, Mr. Ted M. Anderson, for a change of zoning from "F -R" Farm -Rural District to "A-1" Apartment House District on Tract 1 and to "B-1" Neighborhood Business District on Tract 2, Tract 1 being 12.08± acres, and Tract 2 being 6.27± acres. Both Tracts out of Lots 23 and 24, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Rodd Field and Wooldridge Roads. Mr. Utter stated that in response to the nine notices of the public hearing, two in favor and two in opposition had been returned; and that both the Planning Commission and Planning Staff recommend approval. No one expressed opposition to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez. Council Member Slavik referred to the letter from the Brighton Village residents who expressed opposition because of the division of the neighborhood. Mr. Utter stated that the Staff has not seen this letter. Mr. Wenger located the area on the zoning and land use map and pointed out that Tract 1 access will be from Wooldridge; there is an ample access on this street; there is a drainage ditch that drains a large area of the City and which serves as a separation from the subdivision mentioned by Mrs. Slavik, and pointed out that there is a fence between the subject property and the Brighton Village Subdivision and stated that he was not aware of the written opposition of Brighton Village but they did address the Planning Commission expressing opposition. Mayor Jones pointed out that any time a vacant piece of property is going to be developed, the neighbors nearly always object just because they prefer that the land remain vacant. He stated that he felt the Council should read those letters of opposition but try to remain objective in zoning cases. Council Member Slavik stated that she gives a neighborhood group such as this more credence that one individual. Mr. Wenger pointed out the great distance between the subject property and the Brighton Village Subdivision, noting that it is about one-half mile from the area of request. Mayor Pro Tem Turner inquired if Wooldridge Road can handle that much density. Kinutes Regular Council Meeting January 4, 1984 Page 24 Mr. Utter stated that this particular tract of land is completely cut off by a street and a major drainage ditch to the north and the south. He agreed with the Mayor that residents in "R -1B" neighborhoods do not particularly like apartment zoning adjacent to them, but in this case this would actually not occur. council Member McComb stated that he felt that the letter from Brighton Village residents brought up some good points. He pointed out that Wooldridge Road is a narrow one and asked when it was to be widened. Mr. Wenger stated that the widening is not scheduled any time soon, but hopefully in the near future it will be. He pointed out that there has been a tremendous amount of development, particularly in this area, and if we do not have a timetable for development of streets, there could be an unfortunate situation. Council Member Slavik reiterated that the residents of Brighton Village are concerned and she, too, is concerned about the rapid development without adequate facilities. Council Member Guerrero agreed that they should consider neighborhood association's opinions, but at the time he was serving on the Planning Commission, he had observed that any time any land developer wanted to build apartment complexes, there was always opposition from single-family dwelling owners primarily because they felt that apartment development would devalue their property and this is simply not true. Mayor Pro Tem Turner stated that she would like to have the Staff bring the Transportation Plan back before the City Council so they can see if the plans are in accordance with the zoning that is being approved. She expressed concern that the streets in that area are not going to be able to handle all of the density. Mr. Wenger pointed out that the City Staff has objected to apartment zoning because of that fact. Mayor Pro Tem Turner inquired if this discussion could be scheduled some time soon, and Mayor Jones pointed out that if you have to construct the streets first, development will not occur. Mayor Jones also pointed out that there has been no reluctance on the part of the Staff to recommend against apartment zoning when increased traffic will emerge. Council Member McComb stated that he is not opposed to an apartment complex but the information he has received is that Oso Water Reclamation Plant is currently at near capacity now and development such as this will possibly overload the wastewater plant. Minutes Regular Council Meeting January 4, 1984 Page 25 Mayor Jones inquired if at the time this request was considered, it was referred to the Engineering Department for an opinion in regard to the capacity of the Oso Plant. Mr. wenger stated that it was his understanding that the sewer plant could handle this development. Mayor Jones asked for an opinion from Mr. Lontos. Mayor Jones suggested that the applicant be allowed to speak while Mr. Lontos was coming to the Council Chamber. Mr. Ted Anderson, 519 Everhart, assured the Council that they do have full service for sewer and water at this location and the one on the next application across Rodd Field Road. Council Member Slavik pointed out that the City may have problems at the Oso Plant but this is not the applicant's fault. Mayor Jones then asked City Manager Martin about the capacity of the Oso Plant and the City's capacity to come up with a plan for additional sewer plants or expansions. City Manager Martin assured the Council that right now the Oso has a capacity of 10,000,000 gallons but part of the plant is closed during the improvement phase. He stated that 161 million gallons a day is its true capacity; but even with the plant closed, they are meeting EPA standards. He expressed the opinion that if the entire area from the Oso north is developed, it will call for further expansion of the Oso Plant and the judgement is that the City should try to design a new sewer plant if growth is to the south of the Oso Plant. He stated that funding capacity for expansion and a new plant associated with growth will be 100% City funded and the City's ability to do that is based on how much money the City is willing to spend. He stated that in the next bond issue, both sewers and streets will be major items. He agreed that the Oso Plant cannot handle continued growth in this direction. He noted that another thing that the Council might consider is how they plan to spend money saved from bond funds with the approval of Federal grants. Mr. Martin continued by stating that this particular development will not make that much difference at the Oso Plant, but as long as the Council deals with this and makes the decision to place sewer plants on bond issues, there will be no problem. He noted that there is another option as to who pays for sewer plants if a City does not have bond money. He commented that Padre Island Development Corporation plans to expand their plant at their own expense. He pointed out that it is difficult for a City to respond to rapid development in one area and consideration might be given to allowing private developers to share the responsibility of sewer plants. He concluded his remarks by stating that it is a long-term problem. Minutes Regular Council Meeting January 4, 1984 Page 26 No one else spoke in regard to this zoning application. The motion to close the hearing then passed unanimously. City Secretary Read polled the Council for their votes on the ordinance effecting the zoning change and the following was passed: 43. ORDINANCE NO. 18017: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF TED M. ANDERSON BY CHANGING THE ZONING MAP IN REFERENCE TO TRACTS 1 AND 2 OUT OF LOTS 23 AND 24, SECTION 19, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "F -R" FARM -RURAL DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT ON TRACT 1 AND "B-1" NEIGHBORHOOD BUSINESS DISTRICT ON TRACT 2; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "absent". * * * * * * * * * * * * 44. Application No. 1183-14, Ms. Annice A. Hogan, for a change of zoning from "F -R" Farm Rural District to "B-1" Neighborhood Business District on Lots 5 and 7, Block 17, Rodd East Addition, located on the southeast corner of Rodd Field and Wooldridge Roads. Mr. Utter stated that in response to the six notices of the public hearing, one in favor and two in opposition had been returned and that both the Planning Commission and Planning Staff recommend approval. He stated that this property is directly across from the previous case but the letters in opposition to this case will invoke the 20% rule. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the vicinity and noted that the plan is to develop this property in conjunction with development in the previous application. Mayor Jones called on the applicant to speak. Mr. Ted Anderson, speaking as the Agent and Attorney -In -Fact for Mrs. Hogan, stated that his only comment is that the Staff just showed him a letter in which the writer questioned his authority to represent Mrs. Hogan. He stated that he does, in fact, represent her and she does desire that her property be rezoned. Minutes Regular Council Meeting January 4, 1984 Page 27 Mr. Bill Burdette, 2600 Rodd Field Road, addressed the Council in opposition to the zoning case, stating that he lives across the driveway from Mrs. Hogan. He explained to the Council that Mrs. Hogan has been i11; her husband recently passed away; he discussed this zoning change with Mrs. Hogan, who indicated that it was not her idea to change the zoning on her property but Mr. Anderson had approached her to urge that she request the change of zoning. He elaborated by stating that Mrs. Hogan is ill and under sedation and if she were able, she would be present to express her opposition. Mayor Jones inquired if this application was initiated by Mrs. Hogan, and Mr. Utter stated that the application was signed by Mr. Anderson as her Attorney -In -Fact representing her. He stated that the Staff has certainly not questioned his authority and Mrs. Hogan has not called their office in regard to this zoning matter. Mr. Anderson addressed the Council again and stated that he has nothing to gain from this change of zoning; Mrs. Hogan indicated to him that she is in favor of this; they discussed this matter in his office one day; and he did not recall who brought the rezoning up first. Mr. Burdette continued by stating that they have a private water line which they donated to the City and he did not feel that there is a large enough water line for fire protection. Mr. Wenger stated that when this piece of property is developed, additional fire hydrants will be required and adequate water will be needed to serve them. Council Member McComb stated that in order to be fair to Mr. Burdette, he would suggest that this case be tabled until the Council has some assurance from Mrs. Hogan that she is in favor of this zoning application. He stated that he did not question Mr. Anderson's motives at all but he felt that the matter should be resolved. A motion was made by Council Member McComb that Application No. 1183-14 be tabled, seconded by Council Member Hawkins. Mr. Utter stated that he sees a problem developing, not only on this case but cases in the future, if the property owner is going to have to come to the Council Chamber because it might set a precedent. He pointed out that there are many property owners involved in zoning cases who have a great deal of difficulty in coming to Corpus Christi from another state. Council Member Hawkins stated that he felt that it was improper to comment on motions to table and called for the vote. The motion to table the zoning application failed to pass by the following vote: Hawkins, McComb, Mendez and Slavik voting, "Aye"; Jones, Turner, Guerrero and Kennedy voting, "No". Minutes Regular Council Meeting January 4, 1984 Page 28 Further discussion followed and Council Member Kennedy noted that there is no problem if it can be proven that Mr. Anderson is in fact the attorney authorized to represent Mrs. Hogan. An unidentified gentleman in the audience informed the Council that Mrs. Hogan is under the impression that no one has power of attorney except her brother in Oklahoma City; she does not believe that Mr. Anderson has the power of attorney; and he, therefore, had a question about this zoning application. Mr. Utter suggested that if the Council wants to approve the application, an ordinance can be called for to be presented next week, and in the meantime, the City Staff could find out if there is a legal document naming Mr. Anderson as Mrs. Hogan's agent and attorney-in-fact. Mayor Pro Tem Turner then made a motion to table this application for one week, seconded by Council Member McComb, noting that he was seconding the motion so that it could be determined that Mr. Anderson is Mrs. Hogan's legal representative. Council Member Guerrero expressed the opinion that the Council should rule on the application since it is none of their business as to whether or not Mr. Anderson is her agent. City Attorney Aycock pointed out that applications for zoning changes are made by people other than the owners, noting that even the City initiates applications. Mayor Jones called for the vote on the motion to table the case for one week for the purpose of permitting the applicant's agent to produce legal proof that he is Mrs. Hogan's attorney, and the motion passed by the following vote: Jones, Turner, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero voting, "No"; Berlanga, "absent". * * * * * * * * * * * City Manager Martin reminded the Council that they have a special assessment hearing next Wednesday night at 7:00 p.m. at the Carroll Lane Elementary School. Mr. Martin then referred to the Corpus Christi '90 Program and stated that the Staff had sent the Council a revised version of the booklet and they would like to be sure that it is in accordance with the Council's wishes. He informed the Council that the Staff is advertising for a director of the project. Mayor Pro Tem Turner suggested that the organizations to be listed on Task Forces be left open so that additional ones may be added. She inquired if the letters had been sent yet, and City Secretary Read reminded the Council that he had provided them with a draft copy of the letter to be sent and he had not received their approval on the letter. Kinutes Regular Council Meeting January 4, 1984 Page 29 The Council indicated their concurrence with the letter and suggested that they be sent out as soon as possible, hopefully by the first of next week. Council Member Mendez suggested that a deadline be established for submission of nominees. Mayor Jones noted that the Southside Kiwanis Club had requested that they be named as an recognized organization for appointments to Task Forces and noted that there are a large number of service clubs who might also wish to be listed if this club is listed. City Manager Martin stated that there is really nothing that the Council needs to do at this point until the names are submitted for appointments to the Steering Committee. He stated that the recommendations of the organizations should be received by the end of January. Mayor Pro Tem Turner inquired if it would be possible within the next two or three months for the City Manager to provide input for a Workshop Session so that this Council can exchange ideas for the high growth areas, and Mayor Jones agreed that this should be done. * * * * * * * * * * * Mayor Jones then called for Petitions or Information from the Audience on Matters not Scheduled on the Agenda. Mrs. Josephine Dobson, 4434 Wesley, Chairman of the Senior Community Services Advisory Board, stated that she was appearing before the Council to ask consideration of reappointment of some members whose terms are expiring on this Board. She referred to her letter sent to the Council in which Mr. Struller was named and she had requested that he be considered as a life member. She informed the Council that Mr. Struller died that morning and since he was such a special person, she asked that he be especially recognized by the Council. She explained the other members whose terms expire and the reasons why she felt they should be considered for reappointment. There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Mayor Pro Tem Turner and passed unanimously, the Regular Council Meeting was adjourned at 5:32 p.m., January 4, 1984. * * * * * * * * * * * DZ/rr