HomeMy WebLinkAboutMinutes City Council - 07/10/1984I, LUTHER JONES, Mayor of the City
of Corpus Christi, Texas
certify that the foregoing minutes, same
being for the period of
July 3, 1984
thru
July 31, 1984
inclusive and having been previously approved by Council action,
are by me hereby approved as itemized.
July 03, 1984 - Regular Council Meeting
July 10, 1984 - Regular Council Meeting
July 12, 1984 - Special Council Meeting
July 17, 1984 - Special Council Meeting
July 24, 1984 - Regular Council Meeting
July 31, 1984 - Regular Council Meeting
July 31, 1984 - Special Council Meeting
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
JULY 10, 1984
2:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Betty N. Turner
Council Members:
David Berlanga, Sr.
* Welder Brown
Leo Guerrero
Joe McComb
Frank Mendez
Mary Pat Slavik
ABSENT:
City Manager Edward A. Martin
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Council Member Charles W. Kennedy, Jr.
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by the Reverend Richard Mittanck of Bayshore Bible
Church, following which the Pledge of Allegiance to the Flag of the United
States was led by Council Member Welder Brown.
City Secretary Bill G. Read called the roll of required Charter Officers
and verified that the necessary quorum was present to conduct a legally
constituted meeting.
Mayor Jones then administered the oath to the following new appointee to
Boards and Committees: Mr. Jimmy Rodriguez, Member of the Park and Recreation
Board.
* * * * * * * *
Mayor Jones called for consideration of Board and Committee Appointments.
MICROFILMED
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A motion was made by Mayor Pro Tem Turner to approve the following Board
and Committee appointments, seconded by Council Member Brown and passed
unanimously:
1. Food Service Advisory Council
1. Edd Price (food industry) (reappointment) - Term to 6/24/87
2. Chuck Kovar (food industry) - Term to 6/24/85
3. Tricia Hanisch (community at large) - Term to 6/24/87
2. Human Relations Commission (term to 6/14/87)
1. Jimmy Miller (reappointment)
2. Marcella Vasquez
3. Maury Wolfson (reappointment)
3. Building Code Board of Appeals (term to 5/4/88)
1. Bob Cruz (Building Industry) (reappointment)
2. Arnold H. Ehlert (Building Industry) (reappointment)
4. Interim Board to CC Regional Transit Authority
1. Pat Eisenhauser
2. Frank Rodriguez
3. Pat Sullivan
4. Joe Adame
5. Elizabeth Flores
5. Water Allocation & Review Board
Mr. Chuck Akers (citizen -at -large)
* * * * * * *
Council Member Guerrero called for consideration of an item on the Workshop
Agenda, pertaining to the installation of a traffic signal at the intersection
of McKenzie and Haven Roads.
The suggestion was made that this be considered at the end of the meeting.
A motion was made by Council Member Guerrero to delay action on this matter
until the end of the meeting, seconded by Mayor Pro Tem Turner and passed
unanimously.
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Mayor Jones called for consideration of the Consent Motions on the
following items:
1. Approving the recommendation of the Bay Drilling Committee that a drilling
permit be granted to Exxon Company, U.S.A. for a well to be located 182
feet in a westerly direction from the centerline of Flour Bluff Drive and
186 feet in a southerly direction from the centerline of the south lane of
South Padre Island Drive. The Flour Bluff Gas Unit 16, Well No. 1 will be
directionally drilled to a depth of 10,700 feet. No exceptions to Oil and
Gas Chapter 35 of the City Code are requested.
2. Authorizing the City Manager or his designee to execute an agreement with
AMIGOS, Inc. computerized Bibliographic Service for the purpose of
cataloging new library materials and developing a computerized file of our
library holdings. The AMIGOS network is also utilized for all interlibrary
loan transactions between Corpus Christi Public Library and most major
libraries in the nation. The approximate annual cost for their services is
$28,000, of which $15,000 will be reimbursed by the Texas State Library in
return for services rendered by Corpus Christi Public Library as an
;Interlibrary Loan Center.
3. The conversion of present month-to-month rental agreements on various data
processing equipment to an installment payment plan with IBM be approved.
This installment payment plan will protect the City from price increases
and will result in a net cash savings over the next three years.
4. A contract be awarded to Casey & Glass, Inc. in the amount of $437,900 for
the South Bluff Park Expansion project. This project is being funded by
1977 bond funds, Community Development Block Grant funds and a matching
grant from the Texas Park and Wildlife Department. The project provides
for the construction of a new pro shop, the reworking and restriping of
seven existing tennis courts, the construction of three new lighted tennis
courts, a parking lot, picnic facilities and landscaping and irrigation
work. The award is subject to the approval of the Texas Park and Wildlife
Department, and as funds for the project have previously been appropriated,
a separate appropriation is not required.
Council Member Slavik referred to item 1 and stated that some of the Flour
Bluff residents are very concerned about the proposed drilling in a central
location in Flour Bluff because of the possibility of a hazard.
Mr. Bill Hennings, Assistant City Manager, located the area which is in the
vicinity of Padre Island Drive and the Naval Air Station and pointed out the gas
unit on which a well will be drilled. He stated that this is ordinarily
approved by the Bay Drilling Committee but because of the vast amount of
opposition, it was presented to the City Council for a decision. He explained
the history of the application by Exxon, noting that the Naval Air Station had
objected to its location in the first area in which they wanted to drill. He
stated that subsequently, Exxon had presented another application for two other
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locations and the Bay Drilling Committee had recommended a location nearest the
intersection of Flour Bluff Drive and Padre Island Drive. He explained that the
application meets all of the requirements of the ordinance but the ordinance
also allows the Council to refuse the application where the drilling would be
hazardous in a number of situations. He stated that all of the land in the
vicinity is either leased for drilling or is owned by Exxon but the surface is
owned by different property owners.
Council Member Brown inquired if there is any disadvantage to the City or
the residents if this well is drilled.
Mr. Hennings stated that the Staff has difficulty in recommending against
this application when it meets all of the requirements of the Drilling
Ordinance, but if a drilling rig is located in the area it could have some
adverse effects on the residents there. He pointed out, however, that there are
other drilling operations in the area.
Mr. James Conn, Petroleum Superintendent, explained that when a well is
plugged and abandoned, the company is required to restore the surface of the
land back to its original condition.
Council Member Guerrero expressed the opinion that the drilling operation
constitutes the largest objection of the property owners and inquired how long
drilling operation would require.
Mr. Conn stated that it will require about two months to drill the well and
the property owners objected to it also because the property will not be
developable while the well is in operation.
City Manager Martin further explained that there will be a 300 -foot radius
of land that could not be developed plus the well will be in existence there.
Mayor Jones called for comments from the audience.
Mr. Harold Alberts, Attorney, 903 First City Tower, stated that this land
that would not be developable would represent one-third of $1 million. He
stated that his clients own the land and if the well is a producer, they cannot
develop their land and this would be harmful to the entire business district of
Flour Bluff. He stated that the land around the well will be totally valueless
as long as the well is producing. Mr. Alberts pointed out that First National
Bank plans to construct a mini -bank directly across from this location and more
than three-fourths of all of the business in Flour Bluff is in this vicinity.
He stated that if Exxon is allowed
will be delayed for many years.
Mr. Alberts continued and info
are the owners of the land; there is
area; and they are already limited
that if this well is approved, their
to drill the well, Flour Bluff development
rmed the Council that Mr. and Mrs. Sissamus
an existing well in the back corner of the
because of its existence. He pointed out
property will be completely invaluable. He
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suggested that Exxon find another location on which to drill a well and even
questioned the legality of the Council action since the reapplication did not
comply with the legal requirements.
Council Member Slavik inquired of Mr. Alberts if he would object to a well
location on the Jester and Gertrude site and he stated that he had no objection
to that.
Mayor Pro Tem Turner inquired if the substitution of sites in the
application did, indeed, make it illegal, and Mr. Hennings stated that he did
not think so but this would be checked with the Legal Department.
Mr. Conn noted that one location considered was at the intersection of
Military Drive and Jester and although there were no objections, the property
owner has now installed a mobile home on that site.
Mrs. Betty Wittner, 1530 Wittner Place, expressed appreciation to the
Council for their past considerations in Flour Bluff. She explained the
drilling operation that had occurred at her ranch and how unpleasant the
operation was. She expressed the opinion that Flour Bluff has a bright future
and should be developed now. She pointed out that the two streets where the
well will be located are very busy ones where development is contemplated.
Martin Frey, DVM, stated that he had attended the Bay Drilling Committee
Meeting and he was of the opinion that they were totally concerned about
selecting the lesser of several evils but they were determined to grant a permit
to Exxon for drilling. He stated that his property is located quite near this
location and he feels that the well should not be located at the intersection of
Flour Bluff Drive and Padre Island Drive which is a very busy intersection.
Also speaking in opposition was Mrs. Frey who stated that Exxon had sent a
nice young man to discuss this drilling with them and she informed him that they
do object to the drilling operation.
Also speaking in opposition was Mr. Leonard Martin, the owner of Magic
Isles Amusement Park. He stated that he agreed with Dr. and Mrs. Frey and
referred to a section of the ordinance which states that drilling cannot occur
within 400 feet of any residence, commercial building, or permanent structure.
Be stated that he felt that Magic Isles does qualify as a permanent structure
and the drilling operation should not be approved. He presented to the City
copies of various structures located in the area and suggested that Exxon could
utilize land south of the proposed location. He urged that no wells be allowed
in congested areas.
Mrs. William Sissamus stated that there are four property owners who own
the property and are in opposition to the drilling permit.
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Mr. Patrick H. Baker, representing Exxon Company, stated that some of the
protests involve a dispute between the surface owners and the mineral owners and
he felt that this is something that should be settled in the Courts. He stated
that the mineral owners have the right to reasonable use of property. He
explained some of the rights of the mineral owners and informed the Council that
the proposed unit was recommended because of the basic geology of the unit. He
referred to the question of safety. He stated that Exxon is proud of its safety
record because they go to extreme lengths to be careful to drill in a safe
manner. He stated that the site they have requested requires no waivers whereas
the original location which they requested required a waiver from the Navy and
they did grant the waiver. He stated that the Bay Drilling Committee then
suggested an alternate site and Exxon Company decided on the subject land across
from Magic Isles and they feel that it is in compliance with the Bay Drilling
Ordinance. He noted that as far as business development, taxes, etc., it should
be noted that Exxon pays a large amount of taxes and the mineral owners also pay
taxes. He reiterated that he was of the opinion that this dispute should be
decided by the Courts, not by the City Council.
Mr. Clark Flato, 1668 So. Staples, urged that the permit be denied, stating
that he is a real estate broker and if Exxon is permitted to drill the well, the
surface owners will be denied the right to use their property as well as the
adjacent property owners. He stated that there is use already planned for that
area and drilling of a well will preclude further development.
Mayor Jones questioned City Manager Martin if the Staff is recommending
approval and asked for the basis of that recommendation.
City Manager Martin stated that he, personally, recommended that it be
denied. He stated that the findings that the City must make is that Exxon has
met the requirements; the ordinance wording could be used to deny it at this
location; and he personally felt that the Council should deny it. He referred
to the planned development in that area and stated that he would hope that Exxon
could find another location for the well.
A motion was made by Council Member Guerrero that the request for the
drilling permit by Exxon Company to be located in the location set forth in item
1 be denied, seconded by Mayor Pro Tem Turner.
Several Council Members stated that they did not think the permit should be
granted, and Council Member McComb referred to the technical points according to
the ordinance and inquired if the City would be placed in a precarious position
in that in this situation where an applicant has met all of the rules of the
City, if the City would be subject to some kind of litigation if the request for
a permit is denied. He stated that there are assumptions of a safety problem
but there is no proof of that.
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City Manager Martin stated that he would never predict the law but he
stated that the City's Bay Drilling Ordinance provides for basic standards that
must be met in terms of distance, etc. but it also clearly states that the City
Council may deny said permit in accordance with the terms of the ordinance under
several categories and as long as the Council makes the finding of that
location, he felt that the request for a drilling permit could be legally
denied. He suggested the rewording of the motion as follows: "To refuse the
application at the location under discussion because a finding has been made
that the character and use of the land in the area is not adaptable for the
well, and because of the number of visitors to the area it might endanger the
public health, safety and welfare." He stated that the Council could then
entertain at the appropriate time another application for another location.
Council Member Guerrero indicated his concurrence with this wording for his
motion and the motion passed unanimously by those present and voting.
Mayor Jones then called for comments from the audience on items 2 through
4.
Mr. J. E. O'Brien, 4130 Pompano, referred to item 4 and pointed out that
this contract received bids from seven companies whereas the contract on Corpus
Christi Beach which was similar to this had only received a bid from one
company.
There were no further comments from the audience.
City Manager Martin pointed out to the Council that item 5 which was listed
under Consent Ordinances could be approved by a motion.
5. Approving a condemnation award of $101,000 plus $3,718 for appraisal
services and $850 for commissioners fees and court costs and
appropriating $105,568 for the acquisition of a parcel of land (Parcel
8) located at the corner of N. Staples and Mestina Streets in
connection with the City Hall Site Land Acquisition Project.
Acquisition for this project is now complete.
A motion was made by Mayor Pro Tem Turner that items 2 through 5 be
approved, seconded by Council Member Slavik and passed unanimously by those
present and voting.
Mayor Jones called for consideration of the Consent Ordinances and
Ordinances from Previous Meetings on items 6 through 16.
Mayor Jones referred to item 8 which authorized a contract award for the
L -Head Ramp Improvements and inquired if that work was not already in progress.
City Manager Martin assured the Council that the work being accomplished is
actually utility work, particularly by Central Power and Light Company.
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Mr. Jerry Smith, City Engineer, informed the Council that Mr. Hasslocher,
the owner of the Wayward Lady, has verbally agreed to pay for one-half of that
work.
Council Member Mendez referred to item 14 which is the third reading
authorizing modification of the group health care program for City employees and
suggested that this ordinance be delayed until after the budget has been adopted
to see if something can be done to decrease the expense to City employees.
City Manager Martin suggested that rather than hold up the entire ordinance
that the portion of the ordinance pertaining to the deductible amount with which
some of the Council Members have been concerned could be deleted and considered
later after the budget has been approved.
Council Member Mendez stated that he has problems with the entire matter
because of the cost containment and particularly, if it is going to be tied in
with the amount of the deductible for the family. He pointed out that this is a
tremendous increase in payments made by the employees. He stated that he agreed
with the encouragement of out-patient care and some of the other things but he
still questioned the amount of the deductible.
Mr. Martin reiterated that that part of the package pertaining to the
deductible could be delayed until January 1, 1985 but the decision on it should
be made by the latter part of September.
A motion was made by Council Member Mendez that the third reading of the
ordinance authorizing a modification of a group health care program be amended
to delay approval of the deductible and that it should be considered again prior
to October 1, 1984.
The motion was seconded by Council Member Brown and passed by the following
vote: Jones, Turner, Berlanga, Guerrero, McComb and Mendez voting, "Aye"; Brown
and Slavik, "absent at the time the vote was taken"; Kennedy, "absent".
Mayor Jones called for comments from the audience.
Mr. Lewis Lovelace pointed out that most insurance companies require that
only one deductible be established for each calendar year, following which there
are no more deductible requirements.
City Secretary Read polled the Council for their votes and the following
ordinances were passed:
5. (This item was approved as a motion -- See page 7.)
6. ORDINANCE NO. 18324:
APPROPRIATING $7,675 FOR THE ACQUISITION OF TWO PARCELS OF LAND (PARCELS 1,
2) BY CONDEMNATION FOR THE GEORGE EVANS SCHOOL AREA, PHASE I STREET
IMPROVEMENTS, PROJECT 220-82.7.15; AND DECLARING AN EMERGENCY.
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The Charter Rules was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting, "Aye"; Brown and Kennedy, "absent at the time the vote was
taken".
7. ORDINANCE NO. 18325:
APPROVING CHANGE ORDER NO. 2 TO THE MAIN DRIVE STREET IMPROVEMENT PROJECT
WHICH PROVIDES FOR CONSTRUCTION OF FOUR SPECIAL STRUCTURES AND THE USE OF
ELLIPTICAL PIPE ON THE STORM SEWER OUTFALL LINE IN LEOPARD STREET TO CLEAR
CITY WATER TRANSMISSION AND NATURAL GAS PIPELINES; APPROPRIATING
$16,514.60; AND DECLARING AN EMERGENCY.
The Charter Rules was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting, "Aye"; Brown and Kennedy, "absent at the time the vote was
taken".
8. ORDINANCE NO. 18326:
AUTHORIZING THE EXECUTION OF A CONTRACT WITH BLACK BROTHERS CONSTRUCTION
COMPANY, FOR THE MARINA L -HEAD RAMP EXPANSION PROJECT; APPROPRIATING
$45,000; AND DECLARING AN EMERGENCY.
The Charter Rules was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting, "Aye"; Brown and Kennedy, "absent at the time the vote was
taken".
9. FIRST READING:
AUTHORIZING A ONE YEAR LEASE RENEWAL WITH FAA FOR THE USE OF AIRPORT LAND
FOR THE INSTALLATION OF RUNWAY VISUAL RANGE EQUIPMENT AT RUNWAY 13-31 AND
FURTHER AUTHORIZING THE CITY MANAGER TO RENEW THE LEASE ANNUALLY FOR A
PERIOD OF FOUR YEARS.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Turner, Berlanga, Guerrero,
McComb, Mendez and Slavik voting, "Aye"; Brown and Kennedy, "absent at the
time the vote was taken".
10. FIRST READING:
ANNEXING BRIGHTON VILLAGE UNIT 3 AND BRIGHTON VILLAGE UNIT 4 AND
APPROXIMATELY 9 ACRES OF LAND OWNED BY TIM CLOWER, R. C. ALLEN, WES LEDFORD
AND DIANA CHEEK, TOMMY THOMPSON, ALFRED EDGE, GARY BURSHELL AND DIOCESE OF
CORPUS CHRISTI.
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The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Turner, Berlanga, Guerrero,
McComb, Mendez and Slavik voting, "Aye"; Brown and Kennedy, "absent at the
time the vote was taken".
11. FIRST READING:
ANNEXING WOOD RIVER UNIT 6 OWNED BY PENDARIS CORPORATION AND LUTHERAN
CHURCH MISSOURI SYNOD.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Turner, Berlanga, Guerrero,
McComb, Mendez and Slavik voting, "Aye"; Brown and Kennedy, "absent at the
time the vote was taken".
12. SECOND READING:
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE OSO PONY BASEBALL
LEAGUE FOR THE LEASE OF A 15.411 ACRE TRACT OF LAND FOR THE PURPOSE OF
CONDUCTING A PONY LEAGUE BASEBALL PROGRAM.
The foregoing ordinance was read for the second time and passed to its
third reading by the following vote: Jones, Turner, Berlanga, Guerrero,
McComb, Mendez and Slavik voting, "Aye"; Brown and Kennedy, "absent at the
time the vote was taken".
13. SECOND READING:
AMENDING ORDINANCE NO. 13193 TO PROVIDE A NEW SCHEDULE OF RATES FOR MONTHLY
CABLE TELEVISION SERVICES BY ATHENA CABLEVISION OF CORPUS CHRISTI, INC.
The foregoing ordinance was read for the second time and passed to its
third reading by the following vote: Jones, Turner, Berlanga, Guerrero,
McComb, Mendez and Slavik voting, "Aye"; Brown and Kennedy, "absent at the
time the vote was taken".
14. THIRD READING - ORDINANCE NO. 18323:
AUTHORIZING MODIFICATION OF THE GROUP HOSPITALIZATION PROGRAM TO PROVIDE
FOR CHANGES IN PREMIUMS, CONTRIBUTION RATES, AND BENEFITS; PRESCRIBING
COST-CONTAINMENT MEASURES AND OPTIONAL PARTICIPATION IN THE HEALTH
MAINTENANCE ORGANIZATION; AUTHORIZING THE CITY MANAGER TO EXECUTE LETTERS
OF AGREEMENT OR UNDERSTANDING WITH THE COLLECTIVE BARGAINING UNITS;
AUTHORIZING THE CITY MANAGER TO MAKE SUBSEQUENT MODIFICATIONS IN ALL AREAS
OF THE PROGRAM PURSUANT TO THE POLICIES SET FORTH HEREIN; REPEALING ALL
CONFLICTING ORDINANCES.
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The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting, "Aye; Brown and Kennedy, "absent at the time the vote was
taken".
15. THIRD READING - ORDINANCE NO. 18327:
AMENDING THE PLUMBING CODE OF THE CITY OF CORPUS CHRISTI BY ADDING A NEW
APPENDIX I - WATER CONSERVATION.
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting, "Aye; Brown and Kennedy, "absent at the time the vote was
taken".
16. THIRD READING - ORDINANCE NO. 18328:
AMENDING ARTICLE XI, COMMERCIAL AND INDUSTRIAL WASTE DISPOSAL STANDARDS, OF
CHAPTER 55, UTILITIES, OF THE CODE OF ORDINANCES OF THE CITY OF CORPUS
CHRISTI, TEXAS; PROVIDING FOR THE REGULATION OF COMMERCIAL AND INDUSTRIAL
WASTE DISPOSAL AND PRETREATMENT: PROVIDING A STATEMENT OF PURPOSE AND
POLICY; PROVIDING AN APPLICABILITY CLAUSE; DEFINING TERMS; PROVIDING
GENERAL PROHIBITIONS, LIMITATIONS AND REGULATIONS; PROVIDING PRETREATMENT
STANDARDS AND REGULATIONS; ADOPTING FEDERAL CATEGORICAL PRETREATMENT
STANDARDS; REQUIRING PERMITS; ESTABLISHING FEES; PROVIDING INDUSTRIAL WASTE
DISCHARGE PERMIT REPORTING, MONITORING AND INSPECTION PROCEDURES; PROVIDING
FOR AN ABNORMAL SEWAGE SURCHARGE; ESTABLISHING ENFORCEMENT PROCEDURES;
PROVIDING A SEVERABILITY CLAUSE AND PROVIDING FOR PUBLICATION AND AN
EFFECTIVE DATE.
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting, "Aye; Brown and Kennedy, "absent at the time the vote was
taken".
Mayor Jones called for consideration of Motions from the Regular Agenda.
17. Bishop Estates is appealing the requirement for the dedication of a 3.1
acre area for park purposes out of the approximate 62 acre subdivision
being developed into large lots containing approximately 6 acres in size,
and in lieu of dedicating land would be willing to pay money for park
settlement. The regulations contained in the Platting Ordinance make no
provision for the payment of money in lieu of land in residential
subdivisions 20 acres or larger, therefore, granting this would be a
violation of the Platting Ordinance. At the Planning Commission Meeting of
April 10, 1984, at which the developer appealed the park dedication and
offered money in lieu of, the Commission denied the appeal. The Staff also
recommends denial of the appeal.
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(City Manager Martin stated that the applicant had requested that this be
postponed for one week.)
Noting the large number of people in the audience, Mayor Jones inquired if
the Council would consider conducting the public hearing on the proposed 1984
Budget at this time.
A motion was made by Mayor Pro Tem Turner that the public hearing be
conducted at this time; seconded by Council Member Berlanga; and passed
unanimously.
Mayor Jones stated that each speaker will be allowed three minutes for a
presentation.
Mrs. Margaret Walberg, 336 Montclair, spoke to the Council on behalf of the
Museum of Oriental Cultures. She stated that the Council had included in the
budget $9,000 as a line item which is the minimum cost of maintenance and
utilities. She stated that they have been requested by the Fire Marshall to
provide more fire protection because of the large number of school children in
the building each year. She suggested that smoke detectors and other fire
prevention measures could be purchased for an additional $6,200, noting that
they have received bids for the work. Mrs. Walberg explained to the Council
that her organization is supported by volunteer efforts and their funds include
$9,000 from the City, $6,000 from Corpus Christi Independent School District,
funds from other school districts and funds from events conducted by the Museum.
She stated that they have no County support but their budget is currently
$52,000 annually.
Mayor Jones deviated from the list of citizens who wanted to speak and
recognized Representative Hugo Berlanga who was present in the audience.
Representative Berlanga addressed the Council on behalf of Clean Community
System and urged that the City Council consider the request that will be
forthcoming. He pointed out that the Coca-Cola Bottling Company is one of the
sponsors of this service and they feel that it is essential that the City has a
clean and vital community. He pointed out that many other cities fund this type
of program and requested $25,000 funding from the City.
Mrs. Paula Gaut, Director of Clean Community Systems, presented a hand-out
on their program which shows how much money the agency has saved the City this
year and how much they plan to save next year. She explained the program that
has reduced litter in streets, rights -of -ways, parks and City beaches as well as
vacant lots and other areas. Mrs. Gaut then introduced other members of the
Committee from the business sector who are actively involved in the program.
Mayor Jones pointed out that the City has $15,000 in the budget now for
support of this organization and inquired if they were requesting an additional
$10,000, and Representative Berlanga replied in the affirmative.
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Mr. Loyd Brown, a volunteer with T. C. Ayers Park and Recreation
Department, informed the Council that they have been working very hard to obtain
places for all of their baseball teams to play. He stated that at this time the
residents of the T.C. Ayers area are in need of transportation to the softball
park. He requested that a van or a bus be provided for transportation to the
various baseball fields. He stated that he is speaking on behalf of the
City-wide softball organization.
Mayor Jones inquired if they had presented this request to the Park and
Recreation Board, and Mr. Brown stated that they have not.
Mrs. Wilmerine Howard, 2917 Morris Street, stated that she is President of
the T. C. Ayers Recreation Center and is also on the City-wide Advisory Board
for Park and Recreation. She agreed that they need the transportation very much
as well as landscaping and lighting at T.C. Ayers.
Mayor Jones inquired about the amount of money they are requesting, and
Mrs. Howard stated that they have not ascertained that yet. She stated that
they do plan to work with the Park and Recreation Department and in particular,
Mr. Lopez.
Mayor Pro Tem Turner commented that T. C. Ayers would be eligible for CDBG
funds, and City Manager Martin noted that $10,000 of CDBG funds were granted for
playground equipment for this park.
Mrs. Howard pointed out that they have not requested anything for the T. C.
Ayers Center.
Mayor Pro Tem Turner stated that she would like to see something specific
in writing on this subject and asked Mrs. Howard to meet with Mr. Orlie Lopez
and other Staff Members and provide definite information.
Mr. Ron McGee, 434 Linnett, pointed out that on page 57 of the 1984-85
budget, there is a 5% rate increase. He pointed out that the Utilities
Department is operating in such a way that the users of the utilities are
carrying the load for other city expenses. He expressed the opinion that it
should be under the Public Utilities Commission to limit the rate increases on
utilities because each year, a rate increase is passed. He stated that they
cannot tolerate this every year and suggested the possibility of selling the
utilities operation to a private company. He expressed the opinion that the
utility rates in Corpus Christi are unbelievable.
Mrs. Betty O'Callaghan, 414 Chase Drive, speaking on behalf of the Corpus
Christi Tennis Association, stated that they want to be certain that they
continue to have maintenance for the existing facilities. She stated that their
program starts with seven-year olds and continues to high schools and there are
some courts that need to be resurfaced and the H. E. B. Tennis facility should
continue to be maintained and in good condition.
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Mayor Pro Tem Turner suggested that she meet with Mr. Terry Dopson,
Director of Park and Recreation, to check the budget to see if there is an
amount designated for such maintenance.
Mrs. DeAnn Kizer, 549 Honduras, stated that she is a teacher of aerobics in
the Park and Recreation Program. She explained that it is a large operation and
that the facilities are inadequate. She urged that more funds be allocated to
improve some of the facilities, particularly the one at Lindale Recreation
Center.
Mrs. Kizer also noted that there is a need for a facility in the area
across Padre Island Drive. Mrs. Kizer stated that Ben Garza Gym is the best
facility that the City has but the other facilities are all very old and in very
poor condition.
Mayor Pro Tem Turner suggested that on a short term basis, that Mrs. Kizer
list the necessary items to improve some of the facilities, and on a long term
basis, future enlargement of recreation centers could be considered as a part of
a bond issue.
Also speaking on this subject, and speaking particularly on behalf of
Lindale Recreation Center, was Mrs. Chris Meadows who stated that her drug abuse
clients participated in the aerobics as part of their therapy at Lindale
Recreation Center. She, too, stated that there is a need for an improved
building, better floors and improved air conditioning.
Also speaking in favor of these improvements was Ms. Karen Bickam.
Discussion followed in regard to the amount included in the budget for Park
and Recreation.
Mayor Pro Tem Turner stated that she would like for the Staff to prepare an
in-depth survey at each of these centers in terms of maintenance and
improvements that are absolutely necessary.
Mrs. Catalina Martinez, 1309 Sixth Street, speaking on behalf of the Spohn
Hospital Area neighborhood, stated that they have a strong opinion about the
budget as it involved ad valorem taxes and the possibility of increased utility
rates. She objected to the transfer of utility funds to the general fund
because she felt that the general fund is used for projects that are not needed.
She objected in particular to the possibility of granting a 4% cost of living
salary increase to all City employees because she felt that that would be a
mistake. She stated that even though some of the lower paid employees are in
need of a salary increase, that increase should not be granted to higher paid
employees.
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Council Member Slavik stated that she shares that opinion because she felt
that the non-union employees should not be granted such a large cost of living
increase, noting that all City employees already receive a 5% salary increase
annually.
Mayor Jones stated
of the Fire and Police,
City Manager Martin
employees for longevity.
that all City employees are non-union with the exception
and he questioned that statement.
agreed that there is a built-in step increase of 5% for
Council Member Mendez expressed concern about not granting salary increases
for City employees. He pointed out that when citizens speak in opposition to
the transfer of in lieu and franchise tax funds being transferred to the general
fund, this will affect many of the City's expenditures, including the wages of
City employees which come from the general fund. He pointed out that employee
salaries will be the first thing to be cut if the in lieu of taxes are not
transferred to the general fund.
Council Member McComb pointed out that the budget as proposed now is based
on a tax rate of 56.80 per $100 valuation. He stated that with the increase in
valuations, it would be possible for the City Council to reduce that tax rate by
1.8'2 and still meet the budget. He stated that earlier today, however, the
Council had passed an ordinance calling for an election for a charter amendment
to prohibit the transfer of such funds which would have the effect of
eliminating $2.5 million from the general fund budget. He stated that if this
is approved by the voters, about $1 million to $2 million will have to be cut
and the only way to do that is to reduce salaries and to eliminate services. He
noted that if the utilities were sold to a private enterprise, the rates would
be increased tremendously. He explained further that the manner in which the
budget has been presented now, projects that employees will receive a 4% salary
increase but in the event the election proposal passes, a reassessment of the
budget will have to be made.
Council Member Berlanga stated that all Mrs. Martinez is trying to tell the
Council is that she is concerned about the amount of the proposed salary
increases for the City employees and is indicating that she is of the opinion
that employees in the lower income level should have a greater increase.
Mr. Tom Hunt, Sr., 75 Townhouse Lane, pointed out that it is a fact that
the additional valuations will give the City several more dollars in additional
tax revenue this year over last year. He pointed out that only 21% of the
budget is made up of property taxes but there are many other charges to the
public. He referred to the Staff statement in regard to quality of life and
then referred to the quality of life of the Council Members who spend a great
deal of money on out-of-town trips. He then referred to the $40,000 that was
appropriated to fund sailing classes and questioned the necessity for this.
Again referring to the quality of life, he pointed out that the City Manager
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with a salary of $92,000 has a good quality of life. He also questioned the
salary of one of the City Manager's Assistants who started work in 1980 at a
salary $17,364 and in March of 1984, the salary had been increased to $42,000.
He expressed the opinion that quality of life for the general public should be
given more consideration, particularly referring to the streets that are in very
bad condition. He also noted that the Wastewater Treatment Plants need a lot of
improvements. He stated that the Corpus Christi Taxpayers are disgruntled about
the unnecessary spending in some areas and the neglect of improvements in other
areas.
Mr. J. E. O'Brien, representing the Corpus Christi Taxpayers' Association,
questioned the fact that the wastewater rates are being increased so that that
area could be self-supporting. He inquired if they planned to do the same thing
for the airport because the airport has never been self-supporting. He referred
to items that could be reduced in the budget and mentioned the fact that the
City has fifteen attorneys and an additional one is planned for next year. He
also objected to the Junior Sailing Program that had been initiated and also
referred to the City Manager's salary which has increased 40% in the last three
years. He pointed out that the City of Corpus Christi budget has increased over
100% in two years. He also suggested a reduction in the City employees' car
allowances, mentioning that the City Manager earns $92,000 plus a car allowance.
Mr. O'Brien also pointed out the waste and mentioned in particular, the program
to install natural gas fuel equipment in police cars which was a complete waste
of money. He pointed out that when Mayor Jones was first elected, the tax rate
was reduced to 56.81 per $100 valuation but the valuations have increased by
50%. He questioned where all of the money had been spent. He urged that the
budget and the utility rates be reduced.
Mr. C. B. Floyd, 1379 Normandy, urged that additional electrical inspectors
be employed. He suggested that this be funded through license fees for
contractors and other trades.
Mr. Lewis Lovelace requested that the present budget be cut by 20% in all
areas. He suggested that the lack of space for aerobic dancing was not such a
problem because it could be conducted at the Convention Center.
Mr. Jesus Tijas addressed the Council on behalf of Corpus Christi Beach
residents and the children who live there. He stated that they have no place
for activities and indicated that he had talked with the Park and Recreation
Department employees. He noted that the Kiwanis Recreation Center is opened
only in the winter months for the tourists but not in the summer. He stated
that they would like to have a fishing pier similar to the one in Cole Park. He
suggested that there are volunteer people who live on Corpus Christi Beach who
would staff the recreation center if it were open.
Mayor Pro Tem Turner inquired as to the reason Kiwanis Recreation Center is
not open in the Summer.
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Mr. J. O. Lopez, Park and Recreation Department, explained that it is
closed for the summer because of the lack of staff. He pointed out that there
were only 32 children who registered at the Kiwanis Recreation Center and it was
necessary to assign staff to places that have larger enrollment.
Mayor Pro Tem Turner suggested that Mr. Lopez discuss this with Mr. Tijas.
Mr. Foster Edwards, representing the Board of Realtors, stated that he was
present to talk about an overrun of the budget. He stated that they are
concerned about the growth of Corpus Christi and managing that growth. He
stated that he has reviewed the budget and it is not perfect but it is a good
budget and he felt that it was conservative but aggressive enough to take care
of the needs of the citizens.
Mayor Jones informed the audience that another workshop on the budget will
be conducted next Tuesday at 2:00 p.m.
A motion was made by Council Member McComb to recess for ten minutes,
seconded by Council Member Brown and passed unanimously at 4:50 p.m.
* Council Member Brown departed the meeting at 5:00 p.m.
Mayor Jones reconvened the meeting at 5:07 p.m. and called for
consideration of the ordinance calling the election.
1. Ordering an election to be held in the city jointly with Nueces
County, on August 11, 1984 upon the question of adopting City Charter
amendments, and providing for the manner and notice of such election.
City Manager Martin explained that the item before them is the emergency
posting in accordance with the Council's action during the morning Workshop
Meeting to adopt an ordinance calling for an August 11, 1984 Charter Amendment
Election. He explained the propositions to be considered. He stated that
passage of this ordinance would be the only action necessary prior to the
election since it will be a joint election between the city of Corpus Christi
and Nueces County.
City Secretary Read informed the Council that the propositions will be
placed on the ballot exactly as they were worded in the petitions.
There were no comments from the audience on this ordinance.
City Secretary Read called for the vote on the ordinance and the following
was passed:
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Regular Council Meeting
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Page 18
ORDINANCE NO. 18332:
ORDERING AN ELECTION TO BE HELD IN THE CITY OF CORPUS CHRISTI, TEXAS
JOINTLY WITH THE COUNTY OF NUECES, TEXAS, ON THE 11TH DAY OF AUGUST, 1984,
UPON THE QUESTION OF ADOPTING AMENDMENTS TO THE CITY CHARTER OF THE CITY OF
CORPUS CHRISTI; PROVIDING FOR PLACES WHERE SUCH ELECTION SHALL BE HELD;
PROVIDING FOR THE HOLDING OF SUCH ELECTION; SETTING FORTH PROPOSITIONS TO
BE VOTED ON AT SAID ELECTION; PROVIDING FOR NOTICE OF SUCH ELECTION;
PROVIDING SEVERABILITY AND DECLARING AN EMERGENCY.
The Charter Rules was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting, "Aye"; Brown and Kennedy, "absent at the time the vote was
taken".
Mayor Jones called for consideration of the remaining actions by Motion
from the Regular Agenda.
18. Plans and specifications for the new Central Public Library be approved and
bids be received on August 14, 1984. The two story library is proposed to
be constructed on the block bounded by Comanche Street, North Tancahua
Street, Carrizo Street and Blucher Park. Project design provides for the
necessary structural and utility considerations for the addition of a
future third floor on the library building. The anticipated completion
date for the building is October, 1985.
City Manager Martin explained that the proposed structure will be a
two-story building containing 54,000 square feet with the possibility of the
addition of a third story at a later date. He explained that the architect's
estimate of the cost will be $3,900,000 and it will require one year for
construction and should be ready for occupancy in the Fall of 1985.
Mrs. Mary Bell, Chairman of the Library Board, stated that they are very
enthusiastic and hope that the Council will approve this item. She stated that
groundbreaking ceremonies are planned for early September and expressed the
opinion that this is a building with which everyone will be pleased.
A motion was made by Mayor Pro Tem Turner that item 18 be approved,
seconded by Council Member Slavik and passed unanimously by those present and
voting.
19. Consideration of a request for an amendment to the temporary sanitary sewer
agreement for Lot 3, Block 16D, Lokey Subdivision, to allow for temporary
connection of sanitary sewer through a private line on the adjoining
property. The Staff recommends denial of the request.
City Manager Martin stated that this is a complicated item that Mr.
Hennings will explain.
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Assistant City Manager Hennings referred to his memorandum which contained
the history of this, noting that it is located at the corner of Staples Street
and Wooldridge Road adjacent to the Currie's Store at 5990 South Staples Street.
He explained that in 1981, the Lynn -Galloway Partnership signed an agreement to
provide for a temporary service through a private line across the Currie's
property, providing that certain conditions were met. He stated that Mr. Lynn
is now developing the property but has requested a modification to the temporary
sanitary sewer agreement in that he proposes to connect his sewer line on the
adjoining Hipp/Holland property to an existing private sewer line which would
serve both his property and the Hipp -Holland property. Mr. Hennings stated that
Mr. Lynn has met all of the conditions of the previous temporary sanitary sewer
agreement which would apply to his alternate proposal except that he has not
provided the City with the construction plans for the temporary sewer line. Mr.
Hennings stated that Mr. Doug Matthews, Director of Public Utilities is opposed
to the approval of Mr. Lynn's request for the change in sewer lines because
serving two separate properties under different ownership is significantly
different from the original temporary sewer arrangement approved by the City
Council in 1981, and approval of this request would set a bad precedent. Mr.
Hennings continued by stating that Mr. Matthews has suggested that a lift pump
instead of tying into a private line to go to the City's sewer line would be
preferable. He stated that Mr. Matthews is concerned that with change of
property owners, this might not be satisfactory and it could present problems in
the future.
Mr. Arthur D. Lynn, Jr. presented copies of his request and a map showing
the planned location through the Hipp -Holland property. He stated that his car
wash and retail store have already been completed; the line across Currie's
property was not even contemplated or constructed until the ordinance was
approved by the City in 1981; the plan was approved; and he paid for the line.
He stated that he had also agreed to connect to the City sewer on Waldron Road
when it becomes available. He stated that the four -inch line he had paid for to
extend across the Currie's property was actually a high line and it had never
been used. He explained that recently, the Hipp/Holland property owners put in
an 8 -inch sewer line which would be better than the other line going through
Currie's property. He stated that he obtained approval from that property owner
if the City approves. He stated that this line dumps into the City's sewer 100
feet from the place where he planned to put the original line. He also informed
the Council that the plumbing inspector indicated that he saw no problem with
this and he paid Hipp/Holland $3,600 for the line to extend to his property, but
as soon as he was ready to connect to the line, he received a red tag from the
Building Division which indicated that it was illegal. He assured the Council
that he is willing to put in the lift station as originally planned but the
second solution would be preferable. He expressed the opinion that the City
Staff is recommending denial because of a technicality.
Assistant City Manager Lontos inquired of Mr. Lynn if he had purchased the
property from Currie's for the laying of the line and he had told him that he
did.
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Mr. Lontos informed the Council that every lot in the City must have a
public sewer; Currie's had a public sewer on Staples; the lot was deep and it
was divided; and the back lot could not be served directly from Staples Street
because of the lower elevation. He pointed out that the Master Plan called for
a sewer line to go up Waldron Road and that plan is being implemented at this
time; but at the time Mr. Lynn purchased his land three years ago, there was a
temporary tap authorized by the City Council. This line in the easement is a
temporary line; it does not meet the requirements of the ordinance; and the
reason that the Council authorized it was so that Mr. Lynn could use his land.
He explained that the reason the Staff objects to the line through the
Hipp/Holland property is because it does not meet the requirement for a public
sewer and it is in violation of the Platting Ordinance.
Mr. Lynn explained that he preferred the second solution because he would
have to install a lift station if he used the 4 -inch line through the Currie's
property.
Mr. Lontos inquired of Mr. Lynn if he had an easement over the Hipp/Holland
property, and Mr. Lynn stated that he has a letter from Hipp/Holland allowing
him to install the line.
Mayor Jones pointed out to Mr. Lynn that he has been in the development
business for some time and he should have been aware of what is required by the
City.
Mrs. Forrestine Lynn, 4211 Merganser, stated that the 8 -inch line across
the Hipp/Holland property will cost much less than the 4 -inch line and the
economic hardship of a lift station is created if it breaks down and they would
have to close the car wash to have the line repaired.
Council Member Mendez noted that Mr. Lynn had paid a check in the amount of
$3,500 when the property was platted and he felt that Mr. Lynn would have to pay
an additional $3,500 for the lift station. He pointed out that at the time the
Wooldridge Road sewer line is installed, the temporary line through the
Hipp/Holland property could be eliminated.
Mayor Jones stated that he could vote in favor of this if it was for a time
certain to require Mr. Lynn to disconnect.
Council Member Mendez pointed out that the Council could not stipulate a
definite time because there is no way of knowing when other property will be
developed to warrant the construction of the permanent line down Wooldridge.
City Manager Martin stated that he felt that it was important to examine
the plat, because if this is approved, the Council should definitely require
that Mr. Lynn obtain an easement from Hipp/Holland for his own protection and
for the City's protection. He stated that the letter from Hipp -Holland that he
referred to would not be binding on future property owners and problems could
occur.
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Mr. Lontos pointed out that the easement is for the property owners'
protection, particularly if the land is sold.
A motion was made by Council Member Berlanga that Mr. Lynn's request for
the second sewer line be denied and that he be required to comply with the
original agreement approved by the City Council in 1981.
The motion was seconded by Council Member Slavik and passed by the
following vote: Jones, Berlanga, Guerrero, McComb, and Slavik voting, "Aye";
Turner and Mendez voting, "No"; Brown and Kennedy, "absent".
Mayor Jones called for consideration of the item from the Workshop Meeting
pertaining to the installation of a traffic signal at McKenzie and Haven Roads.
A motion was made by Council Member Guerrero that the traffic signal be
installed, seconded by Council Member Berlanga.
Mayor Jones asked the City Manager to explain the Staff's position.
Mr. Tom Stewart, Director of Transportation, referred to the report he had
prepared and pointed out that the anticipated traffic does not meet the
requirement for the installation of a traffic signal. He explained that the
City has consistently used the State's standards for signalization.
Council Member Slavik inquired about the source of funds for this signal,
and Mr. Stewart replied that the project is not currently funded.
City Manager Martin stated that he would have to return to the City Council
to inform them of thekindof funding that might be available. He stated that
if it is approved, the City Staff would have to find a way to fund it in next
year's budget.
Mayor Jones inquired if this was ever considered by the Traffic Advisory
Board and Mr. Stewart replied that it was not.
Council Member McComb stated that he understood some of the Council
Members' concern but pointed out that there are intersections all over the City
where people would like to have traffic signals. He expressed the opinion that
the Council should adhere to the guidelines and standards and just because this
group just happens to be more politically influential, they should not be
allowed to have the signal light approved. He stated that he felt sure that Dr.
Manning would not approve something that is not in compliance with school
standards.
Dr. Edna Manning stated that she appreciated the constraints on the budget
and they understood that it would take time but she felt that consideration
should be given to the children in the area.
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Mr. D. W. Haven, President of the Board of Trustees of Tuloso-Midway
Independent School District, stated that he felt that every possible step must
be taken to ensure the safety of the school children.
Council Member McComb pointed out that similar situations exist all over
town, mentioning in particular a more hazardous traffic situation in the
vicinity of King High School.
Mayor Jones called for the vote on the motion and it passed as follows:
Turner, Berlanga, Guerrero, Mendez and Slavik voting, "Aye"; Jones and McComb
voting, "No"; Kennedy and Brown, "absent".
City Manager Martin informed the Council that this signal light cannot be
installed immediately because it requires from six to eight months to go out for
bids, purchase the signal light, etc.
Mayor Jones called for consideration of Actions by Ordinance from the
Regular Agenda on items 20 through 25.
Council Member Slavik referred to Ordinances 21, 22, and 23 which are the
first reading of ordinances enacting utility rate increases and inquired if such
increases would make those utilities self-supporting.
City Manager Martin stated that only two of those are utility funds and the
increase in sanitation rates is not. He stated that the Water Fund budget as
proposed with the transfer of funds to the General Fund will be self-supporting
with these rate increases. He stated that the Wastewater Fund will be
approximately $2.3 million short because debt service is paid out of the General
Fund.
Mayor Pro Tem Turner pointed out that the commercial users will be paying
substantially less than the private users, and City Manager Martin stated that
there is a discount for higher use.
Mayor Pro Tem Turner inquired as to what type of companies would use over
10 million gallons of water, and City Manager Martin replied that it would be
primarily refineries outside the City limits. He stated that the average for
residential use is approximately 8,000 to 10,000 gallons.
Mayor Pro Tem Turner then inquired if he was aware of any cities that do
not provide lower rates for higher users and City Manager Martin agreed that
there are some "no growth" cities that charge more for higher usage.
Mayor Pro Tem Turner expressed the opinion that the rate for larger users
should be increased rather than the rate for the minimum users.
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Council Member McComb noted that in view of the current shortage of water,
there could be an effective reduction in the rate if the minimum amount were
increased from 2,000 gallons to 3,000 gallons and this would not effectively
reduce the per gallon cost. He expressed the opinion that the large users are
going to have to help on the water situation just like the small users. He
stated that he felt that the rates should be increased to compensate for the low
water usage but he felt that the large users should also assist in the
situation.
A motion was made by Council Member McComb that the first category of 2,000
gallons of use be increased to 3,000 gallons of use.
Council Member Mendez pointed out that this is a three -reading ordinance
and since they have discussed several things, he was of the opinion that the
Council should see examples of who uses the different amounts of water. He
requested that the City Manager provide more information prior to the second
reading.
Mayor Jones requested that the City Manager also provide information as to
who is included in the 18,000 gallon category.
City Manager Martin pointed out that the Council needed to first establish
rates or the rate structure without considering the conservation problem.
Council Member McComb reiterated that he would like to decrease the rate
for the minimum user and suggested that the higher users have a rate increase.
Council Member Slavik suggested that this be considered as a discussion
item to consider higher rates for the large users instead of the small users.
City Manager Martin urged that the Council consider the rate increases
without regard to water conservation, which is totally separate from this issue.
He pointed out that there are $27 million in revenue bonds outstanding;
residents need to have businesses in order to have jobs. He expressed the
opinion that the Council should consider that there are businesses in the City
that use a great deal of water but they provide a large number of jobs and he
felt that they should be encouraged through reasonable water rates. He also
pointed out that there is a need to consider the debt service for Choke Canyon
and the rate structure was arranged on this kind of system.
Council Member Mendez summarized by stating that this is basically a
required 5% increase but the question is how it is going to be arranged. He
stated that if the Council is going to consider amending the rates, then all
users should be affected, including large users. He stated that he did not feel
that a decision could be made until the Council has more information.
Mayor Pro Tem Turner also urged that the Council be provided with a report
pertaining to the residential minimum user as compared to the large users.
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Page 24
Mayor Jones called for comments from the audience and there was no
response.
Council Member Slavik also referred to Ordinance No. 25 which amends the
Building Code to increase the fee for a Certificate of Occupancy to $50. She
pointed out that the Staff recommendation was for $10.
Mr. Hennings explained that the present fee is $5; the Staff recommendation
is $10; the Certificate of Occupancy is used for existing buildings; and it is
merely a piece of paper that states that the building has been inspected and
that it meets the Building Code. He stated that the certificate covers a
variety of items and some of them are very simple and do not require very much
time to approve. He stated that the Staff was of the opinion that the $10 would
be sufficient, but the ordinance before the Council for consideration is for a
fee of $50.
City Manager Martin stated that he did not believe that the City has a
Certificate of Occupancy situation that warrants that $50 fee. He suggested
that the ordinance be read on first reading and before the second reading, a
reduction could be considered.
City Secretary Read polled the Council for their votes on the ordinances
and the following were passed:
20: ORDINANCE NO. 18329:
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT WITH
3RD COAST INVESTMENTS, INC. FOR PUBLIC/PRIVATE PARTNERSHIP KNOWN AS FURMAN
PLAZA, INCLUDING THE REHABILITATION OF THE FURMAN BUILDING AND THE
CONSTRUCTION OF A PARKING GARAGE CONTAINING A MINIMUM OF 305 SPACES;
AAPPROPRIATING A TOTAL OF $600,000 FROM THE 5TH AND 7TH YEARS OF THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Guerrero, McComb, Mendez and Slavik
voting, "Aye"; Turner, "absent at the time the vote was taken"; Brown, and
Kennedy, "absent".
21. FIRST READING:
AMENDING SECTION 55-50 OF THE CITY CODE OF ORDINANCES, 1976 revision as
amended by ordinance 17762, PASSED AND APPROVED AUGUST 3, 1983, 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 first time and passed to its
second reading by the following vote: Jones, Berlanga, Guerrero, McComb,
Mendez and Slavik voting, "Aye"; Turner, "absent at the time the vote was
taken"; Brown and Kennedy, "absent".
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Page 25
22. FIRST READING:
AMENDING SECTION 55-100 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
1976 REVISION, SO AS TO PROVIDE CERTAIN INCREASES IN WASTEWATER RATES;
AMENDING SECTION 55-71 BY AMENDING THE CHARGES FOR SEWER TAP FEES FOR TAPS
IN STREETS AND EASEMENTS INSIDE OF THE CITY LIMITS OF THE CITY OF CORPUS
CHRISTI; 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 first time and passed to its
second reading by the following vote: Jones, Berlanga, Guerrero, McComb,
Mendez and Slavik voting, "Aye"; Turner, "absent at the time the vote was
taken"; Brown and Kennedy, "absent".
23. FIRST READING:
AMENDING SECTIONS 21-7, 21-18 THROUGH 21-21.1, AND 21-46 OF THE CODE OF
ORDINANCES SO AS TO INCREASE GARBAGE COLLECTION AND DISPOSAL CHARGES
APPROXIMATELY THREE PERCENT (5%) EFFECTIVE WITH THE FIRST BILLING CYCLE IN
THE MONTH OF AUGUST, 1984; 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, Berlanga, Guerrero, McComb,
Mendez and Slavik voting, "Aye"; Turner, "absent at the time the vote was
taken"; Brown and Kennedy, "absent".
24. FIRST READING:
AMENDING THE CODE OF ORDINANCES, CHAPTER 36, SO AS TO INCREASE RECREATION
FEES.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Berlanga, Guerrero, McComb,
Mendez and Slavik voting, "Aye"; Turner, "absent at the time the vote was
taken"; Brown and Kennedy, "absent".
25. FIRST READING:
AMENDING THE BUILDING CODE TO INCREASE CERTAIN FEES.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Berlanga, Guerrero, McComb,
Mendez and Slavik voting, "Aye"; Turner, "absent at the time the vote was
taken"; Brown and Kennedy, "absent".
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Page 26
Mayor Jones announced the public hearing on the following item:
Proposed Master Drainage Plan revision in the area bounded by South Staples
Street, Yorktown Boulevard, Cimarron Boulevard (County Road No. 13), and
Oso Creek. Proposed revisions include modifying the drainage areas and the
location of the drainage outfalls through a future subdivision known as
Kings Crossing.
Assistant City Manager Lontos stated that the request to amend the Master
Plan for the drainage area north of Oso Creek. He located the area and stated
that it is for a subdivision called, "King's Crossing". He pointed that the
Master Plan shows the drainage going directly through the middle of the tract;
the developer wants to take some of the drainage to the side so that a golf
course can be constructed; and the drainage will then go to Oso Creek. He
pointed out the changes that the developer wishes to make and informed the
Council that the City Staff has no objection to this change because it is
consistent with the plan for the subdivision; it does not retard the drainage;
the same quantity of flow will be handled; and it will facilitate the
development and provide a good useable system through the subdivision.
No one spoke in opposition to this request.
A motion was made by Council Member Mendez that the hearing be closed,
seconded by Council Member Berlanga and passed unanimously.
Mr. Lontos stated that the ordinance effecting the change will be on the
agenda the next week.
Mayor Jones announced the public hearings on four zoning applications.
28. Application No. 584-2, Lake Placid Town Homes, Inc.: for a change of
zoning from "F -R" Farm -Rural District to "R-2" Multiple Dwelling District
with "PUD" Planned Unit Development on a tract of land being 27.985± acres
out of Lots 31 and 32, Section 27, Flour Bluff and Encinal Farm and Garden
Tracts, located approximately 400 feet east of the intersection of Saratoga
Boulevard and Rodd Field Road.
Assistant City Manager Tom Utter informed the Council that in response to
the twenty-five notices of the public hearing, none in favor and one in
opposition had been returned. He stated that both the Planning Commission and
Planning Staff recommend approval.
Mayor Jones ascertained that no one in the audience wished to speak in
regard to this zoning application.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
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City Secretary Read polled the Council for their vote on the ordinance
effecting the zoning change and it passed as follows:
28. ORDINANCE NO. 18330:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF LAKE PLACID TOWN HOMES,
INC. BY CHANGING THE ZONING MAP IN REFERENCE TO 27.985± ACRES OUT OF LOTS
31 AND 32, SECTION 27, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FROM
"F -R" FARM -RURAL DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT WITH A
"PUD -2" PLANNED UNIT DEVELOPMENT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting, "Aye"; Brown and Kennedy, "absent".
29. Application No. 684-2, Di -Sun Enterprises: for a change of zoning from
"A-2" Apartment House District to "AB" Professional Office District on Lots
1 and 11, and a portion of Lots 2 and 10, Block A, Park Place, located on
the east side of Carrizo Street, adjacent to South Bluff Park.
Mr. Utter informed the Council that in response to the eleven notices of
the public hearing, three in favor and none in opposition had been returned. He
stated that both the Planning Commission and Planning Staff recommend approval.
No one spoke in regard in opposition to this zoning request.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
City Secretary Read polled the Council for their votes on the ordinance
effecting the zoning change and it passed as follows:
29. ORDINANCE NO. 18331:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF DI -SUN ENTERPRISES BY
CHANGING THE ZONING MAP IN REFERENCE TO LOTS 1 AND 11, AND A PORTION OF
LOTS 2 AND 10, BLOCK A, PARK PLACE FROM "A-2" APARTMENT HOUSE 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, Berlanga, Guerrero, McComb, Mendez and
Slavik voting, "Aye"; Brown and Kennedy, "absent".
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Regular Council Meeting
July 10, 1984
Page 28
30. Application No. 584-15, Mr. Juan J. Villarreal: for a change of zoning
from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business
District on a portion of Lot 6, Section 13, Flour Bluff and Encinal Farm
and Garden Tracts, located on the south side of McArdle Road, approximately
100' east of Prince Drive.
Mr. Utter stated that in response to the twenty-seven notices of the public
hearing, one in favor and eight in opposition had been returned. He informed
the Council that both the Planning Commission and Planning Staff recommend
denial and the opposition was sufficient to invoke the 20% rule which would
require seven affirmative votes to approve the zoning.
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. He stated that this property extends out to McArdle Road by a
very narrow strip.
Mr. Juan J. Villarreal, the applicant, expressed the opinion that what he
plans to build will actually improve the neighborhood. He stated that he plans
to use this portion of the land with an adjacent tract for a shopping center.
Council Member Guerrero inquired if the "B-1" used property is screened
from the "R -1B" property, and Mr. Wenger stated that there is a fence there.
Mr. Villarreal stated that he plans to construct a very nice fence and
although he originally planned to construct apartments, the City Council denied
his previous request for a change of zoning.
Mayor Pro Tem Turner inquired if the area south of the "R -1B" zoned
property has access and Mr. Wenger explained that that land extends all the way
to Padre Island Drive.
Mayor Pro Tem Turner inquired as to how it could be developed without a
street, and Mr. Wenger stated that the strip is so narrow it would be difficult
to develop two lots but it could be developed with cul-de-sacs. He agreed that
it would be difficult to develop with single-family units but it would be
possible.
Council Member Berlanga pointed out that all of the property to the east of
Mr. Villarreal's property is zoned "A-1" and he just wishes to use his property
in some way.
Mr. Utter interjected that the objections from the property owners were
registered because of the detrimental effect it would have on the existing
single-family dwellings.
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Mr. Villarreal informed the Council that he would still be willing to
construct apartments on this land. Mr. Wenger stated that the density allowed
for this property under "A-1" zoning would be a maximum of fifteen units. Mr.
Villarreal indicated that he would be glad to accept "A-1" zoning in lieu of the
"B-1" zoning as requested.
Mayor Jones called for comments from the audience and asked those in
opposition to remember that the Council might intend to grant this property
"A-1" zoning.
Mrs. Marcia Hardeman, 1309 Prince Street, stated that she would still be
opposed to "A-1" zoning because of the increase in traffic. She expressed the
opinion that their neighborhood is slowly being completely surrounded by
shopping centers.
Council Member Slavik urged that Mrs. Hardeman organize a neighborhood
group in an attempt to retain their neighborhood atmosphere.
Mrs. Nancy Rodriguez, 1306 Prince Drive, pointed out that Frazier School
has been closed; the students will have to go down McArdle to get to their new
school; and she, too, expressed concern that they are losing their neighborhood
similar to situations in which other neighborhoods have been taken over by
business zoning. She stated that she also objects to the additional apartments.
Mr. Ruben Rodriguez, 1306 Prince Drive, noted that there is a lot of trash
on the subject property and the residents have to pick it up. He stated that
they prefer that the property remain zoned "R -1B".
Mr. Henry Simmons, 1329 Prince Drive, stated that they had already attended
the previous Planning Commission and Council Meetings at which time the "A-1"
zoning was proposed and they are still opposed to that. He urged that the
property remain zoned "R-ls" so that they can retain their neighborhood
atmosphere.
No one else spoke in regard to this zoning application.
A motion was made by Council Member Guerrero that the hearing be closed,
seconded by Mayor Pro Tem Turner and passed unanimously.
A motion was made by Council Member Guerrero that "B-1" zoning be denied
but in lieu thereof, "A-1" zoning be approved.
The motion was seconded by Council Member Berlanga.
Mr. Utter informed the Council that the motion could be passed by a simple
majority to call for such an ordinance but the ordinance would require seven
votes to approve.
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Page 30
Council Member Guerrero referred to the concerns about traffic. He stated
that he resides on Panama Drive and a major apartment house and a school are
located in the immediate vicinity. He stated that he has never had any
difficulty getting out of his driveway or proceeding down that street.
Council Member McComb noted that the original application indicated that
the existing building would not be torn down. He stated that if apartments are
constructed there, it would be difficult for emergency vehicles to gain access
to the land where the apartments are located.
The motion to approve "A-1" zoning passed by the following vote: Jones,
Berlanga, Guerrero and Mendez voting, "Aye"; Turner, McComb and Slavik voting,
"No"; Brown and Kennedy, "absent".
Mr. Utter stated that the ordinance will be on the agenda next week.
* * * * * * * *
31. Application No. 684-1, Mr. Michael Pall: for a change of zoning from "I-2"
Light Industrial District to "I-3" Heavy Industrial District on Lot 2,
Swaco Tract, located on the north side of Saratoga Blvd. (State Highway
357), approximately 800' east of Greenwood Drive.
Mr. Utter informed the Council that in response to the seven notices of the
public hearing, two in favor and one in opposition had been returned, and that
both the Planning Commission and Planning Staff recommend denial.
Mr. Wenger located the area on the zoning and land use map, described the
land use in the surrounding area and showed slides of the vicinity. He
explained that the Staff recommends denial because this is an area that is just
now developing as light industrial and they feel that it should remain that way.
He also stated that the owner plans the installation of a wrecking yard at this
location.
Mayor Jones invited the applicant or his representative to speak at this
time.
Mr. Charles Cartwright, Attorney representing Mr. Pall, stated that Mr.
Pall is the owner of Triple A Auto Parts. He stated that he has an auto yard in
another area; he has to move from that particular location to continue his
operation; and the applicant would like to continue his operation on this
property. He explained that this lot is 700 feet deep and 138 feet wide and Mr.
Pall is presently residing on the property. He explained to the Council that
Mr. Pall plans to construct an 8 -foot steel screening fence so that there will
be no visible automobiles. He stated that they had presented a petition showing
that his abutting neighbors do not object to the use and informed the Council
that they would agree to a special permit to require the 8 -foot screening fence.
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Page 31
Mr. Cartwright then explained the results of the petitions they had
circulated as follows: (1) eighteen owners or occupants on Saratoga and
Greenwood have indicated that they have no objection; (2) another petition
containing 167 signatures of business owners - also indicate that they have no
objection; (3) a petition from 21 owners of dismantling yards in Corpus Christi
who have asked for approval of this application. He pointed out that there is a
landfill and a sewer plant already in the vicinity and the proposed operation
will not be detrimental to the existing use. He stated that part of the
dismantling of the automobiles will occur inside a metal building which will be
constructed. He assured the Council that they do not plan to crush or burn cars
at this location and the cars will not be visible to the public. He contended
that the property is presently zoned "I-2" and the planned use will not be that
much more objectionable than operations allowed under "I-2" zoning. He also
pointed out that this property is near the APZ zoning associated with Cabaniss
Field and the Navy feels that this would be compatible use with their operation.
Mr. Cartwright continued by stating that the operation will only employ
three people; the business will have a low traffic volume; and asked that a
special permit be approved in lieu of "I-3" zoning.
Mr. Pall, 1718 Saratoga, stated that he owns and operates Triple A Auto
Parts at 5737 Agnes at Padre Island Drive but he is being forced to move from
that location because of the large increase in rent. He stated that he owns the
subject land and that is the reason for his request for change of zoning. He
stated that he would like to have a special permit and when he ceases operation
of his business, the property could revert back to "I-2". He explained that his
business is an automobile dismantling operation and they will definitely
construct the 8 -foot screening fence. He displayed pictures of dismantling
yards in other areas of the City and stated that he plans to construct a very
attractive facility. He explained his plan for parking the vehicles on railroad
ties and stated that he will not have any grass growing up in that area.
He called on those in the audience who were in favor of that change of
zoning and approximately twenty people indicated that they had no objection to
the zoning.
Mr. Bill Harwick, 2405 Rainy River, appeared in opposition, stating that he
developed a light industrial park in the area and established requirements for
anyone who might build in that subdivision. He stated that he is apprehensive
that the proposed operation for the subject property will become just another
junkyard. He reminded the Council that there are subdivisions in the vicinity
as well as a baseball facility. He mentioned several obnoxious uses that can be
installed in "I-3" zoning and explained that he has very stringent restrictions
for lessees in his industrial park. He expressed the opinion that a junkyard is
a blight in any area.
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Page 32
Mr. Burney Bray, who operates Airline Wrecker Service, gave a testimony on
Mr. Pall and stated that he feels that he should be allowed to use his own
property in this manner.
Mr. Paul Adadio stated that he purchased a business on Greenwood just down
from Saratoga and since he had just made a large investment, he did not think
that Mr. Pall's proposed business is compatible with light industrial use. He
stated that he owns a plumbing company.
Mr: Alton McIver, 1702 Saratoga, stated that he is Mr. Pall's neighbor; his
business extends from Saratoga and surrounds Mr. Pall's property on two sides;
his business is a machine shop; and he felt that Mr. Pall's business would be
compatible with his.
Mr. Arnold Leal also expressed support of Mr. Pall's request, stating that
he has known him for many years and feels that he will do exactly what he says.
A motion was made by Council Member Mendez that the hearing be closed,
seconded by Council Member Guerrero and passed unanimously.
Council Member Slavik expressed concern because all of the Planning
Commission Members voted to deny this request; the Staff is opposed to it; and
the special permit was even discussed at the Planning Commission hearing but
they still recommended denial. She stated that she felt that this should remain
zoned "I-3".
Mr. McComb stated that the presentations have been very good and he
understood Mr. Harwick's opposition. He stated that he felt that the City
Council could satisfy Mr. Harwick's concerns by approving a special permit in
lieu of "I-3" zoning.
A motion was made by Council Member McComb that the requested zoning of
"I-3" be denied but in lieu thereof, that a special permit for an auto
dismantling operation be approved subject to an acceptable site plan to require
that if this operation ceases that the property revert back to "I-2" zoning.
The motion was seconded by Council Member Mendez and passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb and Mendez voting,
"Aye"; Slavik voting, "No"; Brown and Kennedy, "absent".
Mayor Jones called for the City Manager's Report.
City Manager Martin stated that he was circulating to them a copy of the
Water Allocation Ordinance and a notice of the agenda of the joint meeting
between the City Council and the Water Allocation and Review Board which will be
conducted at 7:30 a.m., Thursday, July 12th.
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Page 33
Mayor Jones called for petitions or information from the audience on
matters not scheduled on the agenda.
Mr. William Bonilla, representing the Mexican Unity Council, explained the
difficulties they have encountered in their Feria de Hispanica Celebration. He
stated that they have discovered that they cannot use the barge dock because of
the lack of lights and they have nothing left but two blocks of Shoreline which
is totally inadequate for their function. He stated that he would like to
request that the Mexican Unity Council be allowed to use the street from IH 37
all the way down to the Art Museum which is the same area used the last two
years by them and by the Junior League for their Bayfest Celebration.
Council Member Berlanga agreed that the Mexican Unity Council should have
the same privileges as the operators of Bayfest.
Council Member McComb pointed out that the privilege of the Bayfest
sponsors to use that area is with the consent and approval of the abutting
property owners and some of the motels do not want the area closed at the time
the Feria de Hispanica is planned.
Council Member Mendez expressed the opinion that the use of the barge dock
in the previous compromise was a good solution. He stated that the Council
Members discussing this matter had concluded that the barge dock would provide
enough space for the event but unfortunately, there is not enough lighting on
the barge dock for it to be utilized.
Council Member Guerrero stated that the original agreement now is invalid
and suggested that they need to go back and have another meeting on this
subject.
Mr. Jerry Colmenero stated that he was employed by the Mexican Unity
Council to provide staging and other things for Feria Hispanica and the two
blocks allocated for their use is right in front of the Bay Motel. He expressed
the opinion that one or two more blocks would not be objectionable to the owner
of Bay Motel.
Mayor Jones stated that if they were allowed to use that much of a public
street, the existing ordinance would have to be amended to indicate that it
could be approved without the approval of the Bay Motel owner.
Mr. Bonilla pointed out that there are very few businesses located in the
area except for the Chamber of Commerce, the Bay Motel, and Travelodge. He
expressed the opinion that the Chamber of Commerce would have no objection to
this but it might be difficult to obtain signatures of those two motel owners.
He stated that he would suggest an amendment to the ordinance to delete that
provision for this event only, for this year only, since they already have their
dates established.
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July 10, 1984
Page 34
Council Member McComb disagreed, stating that he felt that they should
abide by the rules. He stated that the City Council could not change an
ordinance today because it was not on the agenda. He suggested that the Mexican
Unity Council and the owners of the Bay Motel have time to discuss this during
this week, indicating that he has a problem amending the ordinance without
discussion.
Mayor Pro Tem Turner pointed out that the planned activity is an excellent
one; they did have a meeting to discuss it thoroughly; and the compromise
solution was reached. She, too, expressed the opinion that no changes should be
made without meeting with the affected property owners.
Mayor Jones expressed appreciation to Mr. Bonilla for attending the meeting
because he had previously had the impression that he was not helping with the
event. He then suggested that another meeting be conducted on Wednesday
afternoon at 3:00 p.m.
Council Member Mendez indicated that he could be there at 3:30 p.m. and
Mayor Pro Tem Turner suggested that the motel owners be contacted to see if it
would be convenient for them to meet at 3:30 p.m. on Wednesday.
Mayor Jones agreed to make the arrangements and City Manager Martin
suggested that Mr. Tom Stewart meet with them also. He noted that he would be
out of the City and they could use his office for the meeting.
Mr. Frank Dietz, speaking on behalf of the small landscape companies,
presented the Council with a list of businesses that have been adversely
affected by the water shortage. He read a letter explaining their appearance
before the City Council at which time, they were referred to the Water
Allocation and Review Committee. He stated that that committee did not feel
that they had the authority to make such a decision and noted that one member
had resigned and the other has now resigned. He urged that the Council act on
their request for some water relief as soon as possible.
Mrs. Barbara Krause registered a complaint because she has no water at all
at her house. She asked that the Council help her obtain water service. She
explained that they have an easement for temporary water until their plat has
been approved but there are problems in approving it.
Mayor Jones pointed out to Mrs. Krause that she had been obtaining water
illegally for some time and asked the City Manager what alternatives could be
taken.
City Manager Martin explained that basically, this property was sold
illegally; it should not exist as a separate piece of property because the
property lacks a whole series of required things; and a solution to the problem
would be to construct a street and install utilities along that street. He
stated, however, that this would cost the City a great deal of money as well as
the property owner. He stated that he felt that there was recourse involved
because he did not feel that the sale of the property was legal.
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July 10, 1984
Page 35
Assistant City Manager Utter explained that the entire situation and how
the City became involved in this matter about two weeks ago. He stated that he
had reviewed her deed and her title policy and discussed this with her attorney.
He stated that they have a meeting scheduled for the following day and he felt
that Mrs. Krause has recourse through the title policy. He stated that she has
now obtained a temporary easement for water. He also informed the Council that
he could not remember any situation in which the City has ever granted a
temporary water tap. He reiterated that the sale of the property was illegal
and there may be some recourse through that.
Mayor Jones stated that he would not object to some temporary action if it
was for a reasonable length of time.
Council Member McComb made a motion to allow the execution of a temporary
agreement with Mr. Tucker for use of water for nine months or until Mr. Tucker
sells the land.
Mayor Pro Tem Turner offered an amendment to the motion to the effect that
the Staff be directed to resolve the problem.
The motion was seconded by Council Member Mendez and passed unanimously by
those present and voting.
being
Mr. Craig Smalley, 5728 Leopard, expressed the
allocated unfairly to some industries
from using water at
businesses are going
provided them.
all. He
to have
and other
opinion that the water is
industries are prohibited
and landscape
relief is not
stated that the small nurseries
to go out of business if some
Speaking on this same subject was Mr. Dee Brooks who also objected to the
unfair water allocation program and the unfair treatment of the greens industry.
He expressed the opinion that water meters should be checked because he was of
the opinion that people are still watering their lawns.
On another subject, Mayor Pro Tem Turner suggested that the public hearings
on the zoning applications be considered during Special Council Meetings in the
future.
There being no further business to come before the Council, on motion by
Council Member McComb, seconded by Council Member Mendez and passed unanimously,
the Regular Council Meeting was adjourned at 9:32 p.m., July 10, 1984.
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