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HomeMy WebLinkAboutMinutes City Council - 11/13/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 13, 1984 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: David Berlanga, Sr. Welder Brown Leo Guerrero * Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik -a cat Deputy City Manager Ernest Briones 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 Reverend Gene Stewart, Minister of Reach Out For Christi Mission Church, following which the Pledge of Allegiance to the Flag of the United States was led by a Del Mar Student who was present in the audience. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Mayor Pro Tem Turner that the Minutes of the Special Neighborhood Meeting of October 25, 1984 be approved as presented; seconded by Council Member Leo Guerrero; and passed unanimously. * * * * * * * * Mayor Jones announced presentations on the following items: 1. Ms. Debbie Tersewell of the Key Club. nutes .egular Council Meeting November 13, 1984 Page 2 Ms. Tersewell introduced David Lopez who is District Governor for the District of the Key Clubs. She then presented a plaque to Mayor Jones guaranteeing 1,000 volunteer man hours on the part of the Key Club Members. She explained that each Key Club Member will devote 50 hours of service to their church, their community or the City. She stated that this involves several Key Clubs in Corpus Christi. * Council Member Kennedy arrived at 2:08 p.m. during the foregoing presentation. Mayor Jones expressed appreciation to Ms. Tersewell and Mr. Lopez for this dedicated volunteer work. Mr. Joe Fulton, Chairman of Corpus Christi '90 Task Force on Tourism next addressed the Council, stating that he is present to provide an update of the work of the Tourism Task Force and to request funding. He noted that the Master Plan for the Bayfront calls for the construction of a 10,000 to 12,000 seat arena in the year 1995 or 2,000. He explained that after careful study by the Task Force, they feel that there is an immediate need for this facility rather than waiting ten years. He stated that they have raised a total of $25,000 to offset the estimated cost of $40,000 for the feasibility study to determine the type of arena and the size that it should be. He stated that they would like to request that the Council study the need, the cost, and the location of such a facility. He stated that they were of the opinion that the ideal location would be immediately west of the Exhibit Hall of the Convention Center which would allow the arena and the Exhibit Hall to serve a dual purpose. He stated that they estimate that the report on this facility could be completed in 60 to 90 days and the study should determine the size the arena should be, the revenue to be generated from such a facility and how the study should be funded as well as how the construction of the arena should be funded. Mayor Jones noted that they are actually requesting an appropriation of $15,000 from the City and inquired if action could be taken on this today. Deputy City Manager Ernest Briones suggested that this agenda item next week and there will be a need for the Staff source of the funds. Mr. Fulton continued by stating that he feels that they committed to go ahead and get the study started and if it is week, they can reduce the scope of the study. be posted as an to determine the have enough funds not approved next Council Member Kennedy expressed appreciation to Mr. Fulton and indicated that he agrees with the necessity for the arena. He stated that action cannot be taken today because the item has not been properly posted but suggested that a motion might be in order to indicate the Council's desire on the subject. .nutes -.egular Council Meeting November 13, 1984 Page 3 A motion was made by Council Member Kennedy that the City agree to provide $15,000 for the subject study. The motion was seconded by Mayor Pro Tem Turner. Council Member Guerrero indicated his support of this and suggested the use of Revenue Sharing funds for this purpose. Council Member Slavik agreed that it should be done but inquired if the City Staff could not make this study. Mr. Fulton stated that they discussed that possibility but decided that there was a need to have the expertise which is not available locally. He stated that the company that they are considering has just completed a similar study for another city. Council Member Berlanga agreed that this was a good idea but inquired if they were considering the fact that the arena would be used by not only Corpus Christi residents but those of the surrounding area. Mr. Fulton stated that the size was mentioned in the Bayfront Plan and the consultant could determine the size that the arena should be. He assured Mr. Berlanga that they would take into consideration the fact that it will be used by area residents as well. Mayor Pro Tem Turner expressed appreciation for the many hours Mr. Fulton has spent serving as Chairman of the Tourism Task Force. She inquired about the reason that they feel the arena is one of their priorities. Mr. Fulton stated that one of the things they suggested in their letter was that if so instructed by the Council, they would ask the consultant to consider the need for another Exposition Hall. He pointed out that there is some land currently owned by the City on which such a facility could be constructed. He reminded the Council that the arena is in the Master Plan and the Task Force only hopes to move the target date ahead by about ten years. He reiterated that the arena could be used in conjunction with the Exhibit Hall for large conventions as well as sporting events. Council Member Mendez suggested that as part of the motion the City Council include the request that the study include the need for replacement for Exposition Hall. Mr. Fulton stated that they would be glad to include that. The motion to have this placed on the agenda next week for action passed unanimously. * * * * * * * * * nutes agular Council Meeting November 13, 1984 Page 4 Mayor Jones then administered oaths to the following members of Landmark Commission: Mrs. Florence Victor, Mrs. Margaret Walberg, and Mr. Gabriel Rivas III. * * * * * * * * * Mayor Jones announced bids openings on the following engineering projects: 1. Drainage Improvements and Surface Corrections on Runway 17-35 at Corpus Christi International Airport. The work provides for removing and replacing approximately 180 linear feet of the north/south runway to correct a settlement problem and provides for drainage work to enclose an open drainage channel off the north end of the runway for safety purposes. This project is proposed to be funded on a 90% FAA/10% City basis. Mr. James K. Lontos, Assistant City Manager, opened bids on this project from the following firms: Claude Chapman Construction Company, Garrett Construction Company, Heldenfels Brothers, Inc., and South Texas Construction Company. Mr. Lontos verified that all four bidders had submitted the required bid security bond and all of them had acknowledged receipt of Addendum No. 1 with the exception of Heldenfels Brothers, Inc. 2. Corpus Christi Beach Parking Improvements: A total of five parking lots will be provided and is proposed to be funded by a matching grant from the Texas Parks and Wildlife Department and 9th Year Community Development Block Grant Funds. Mr. Lontos opened bids on this project from the following companies: Black Brothers Construction Company, Claude Chapman Construction Company, J. D. Construction and Refinery Maintenance, King Construction Company, and A. Ortiz Construction and Paving, Inc. Mr. Lontos stated that all of the bidders had submitted the required bid security bond with their bids. 3. Corpus Christi Beach Site Development: This project provides for a comfort station/shower facility, play areas, landscaping and picnic shelters and is proposed to be funded by a matching grant from the Texas Parks and Wildlife and 9th Year Community Development Block Grant Funds. Assistant City Manager Lontos opened bids on this project from A-1 General Contractors, Black Brothers Construction Company, BRACCO Construction Company, Hunt Construction Company, E. J. Netek Construction Company and Salazar Construction Company, all of which had submitted the required bid security bond. inutes .egular Council Meeting November 13, 1984 Page 5 Council Member Kennedy noted that the apparent low bid was $50,000 more than the estimate. He noted, also, that the description had mentioned an anticipated grant from Texas Parks and Wildlife and inquired if adequate funds would be available. Assistant City Manager Tom Utter explained that $375,000 has been received from Texas Parks and Wildlife; the City of Corpus Christi has $750,000; and $30,000 of that fund would have to go for the rock groin. Assistant City Manager Lontos further explained that the City went out for bids previously; only one bid was received and that is the reason that this time, the project was divided into two projects to generate more competition and to receive more bids. Council Member Mendez complimented the Staff because they had received a larger grant from Texas Parks and Wildlife than was anticipated. Mayor Jones stated that all of the bids received will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. * * * * * * * * * Mayor Jones called for consideration of Action of the Council from the Workshop Session on the following item: Authorizing the City Manager, or his designee, to enter into negotiations with the Tex-Mex Railroad to establish passenger service between Corpus Christi and Laredo and for the construction or rehabilitation of a building for use as a depot. A motion was made by Mayor Pro Tem Turner that the foregoing item be confirmed, seconded by Council Member Brown and passed unanimously. * * * * * * * * * * Mayor Jones called for consideration of the Consent Motions on the following items: 1. Bids be received November 28, 1984 for 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 water treating chemicals including calcium oxide, sodium silicofluoride, anhydrous ammonia, copper sulphate and powdered activated carbon. Estimated annual expenditure is $175,000. inutes _,egular Council Meeting November 13, 1984 Page 6 2. Bids be received December 5, 1984 for 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 steel line pipe for the Gas Division. Estimated annual expenditure is $456,800. 3. Approving 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 40,000 lbs. of pipeline enamel, 110 gals. of primer, and 40 rolls of felt to be used by the Gas Division, based on low bid to: ARMOR COTE CORPORATION, ODESSA, TEXAS $12,570.00 Seven bid invitations were issued and two bids were received. Prices have increased 6.4% from last contract of August, 1983. 4. The following actions be taken on the Marina L -Head Ramp Expansion project: a. The contractor be granted a 10 -day time extension against a 17 -day time overrun due to design modifications and material delivery delays, which were beyond the contractor's control, and that he be charged liquidated damages for the remaining 7 days at a rate of $45 per day for a total of $315. b. The project be accepted and final payment of $10,551.30 be authorized to Black Brothers Construction, Inc. The total cost of this work was $41,143.20, which was funded by the Corpus Christi Reinvestment Zone No. 1 and Frontier Enterprises, the lessee for the L -Head floating restaurant. 5. Plans and specifications for improvements to Acushnet, Brookdale, Meadows, Parkview and Sands Parks be approved and bids be December 11, 1984. Proposed park improvements consist of the of multipurpose courts, gazebos, covered picnic playground equipment, tree planting, seeding irrigation systems in each park. Overland received on installation units, barbeque pits, and fertilizing, and Council Member Slavik referred to Item No. 4 and inquired if Frontier Enterprises have paid their portion of this cost, and Mr Lontos indicated that they had. Council Member Mendez referred to Item 5 and asked when improvements will start on the Overland Meadows Park. Mr. Lontos explained that bids will be received on December llth and construction will not start until after the first of the year. nutes ..egular Council Meeting November 13, 1984 Page 7 Council Member Guerrero inquired as to how it was determined that these parks should be improved. Mr. Terry Dopson, Director of Park and Recreation, stated that four of the parks are included in the bond program and the schedule was established in 1982. Mayor Jones further explained that these parks are those that had been dedicated by developers in new subdivisions and that is the reason most of them are on the south side. Council Member Mendez made the observation that the Council will probably consider new parks to be improved in 1986 when there is a possibility of a bond election. Deputy City Manager Briones explained to the Council that the Parks and Recreation Department submitted requests for $10,000,000 for park improvements in the last bond election but this figure had to be cut drastically to a little less than $1 million because of so many urgent needs for sewer, streets and drainage improvements and the fact that the City Staff felt that the bond program should be no more than $45 million in order not to create a need to increase the taxes. He agreed that the parks have suffered a great deal because of other priorities. Council Member Berlanga inquired about funding for the repair of boat slips, and Mr. Utter stated that the repairs will be paid from the Marina Fund. There were no comments from the audience on the Consent Motions. A motion was made by Council Member Guerrero that Consent Motions, Items 1 through 5, be approved; seconded by Mayor Pro Tem Turner; and passed unanimously. * * * * * * * * * * Mayor Jones announced consideration of the Consent Ordinances and Ordinances from Previous Meetings on Items 6 through 13. Deputy City Manager Briones stated that he would like to withdraw Ordinance No. 7 pertaining to an agreement with the West Oso Independent School District for the existing tennis courts, noting that there are some details that need to be worked out with the School District on this. Mayor Jones ascertained that no one in the audience wished to speak in regard to these ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: inutes .egular Council Meeting November 13, 1984 Page 8 6. ORDINANCE NO. 18548: AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE CONTRACT BETWEEN THE STATE OF TEXAS AND THE CITY OF CORPUS CHRIST WHICH AUTHORIZED PAYMENT OF SECTION 112 FUNDS OF THE FEDERAL AID HIGHWAY ACT TO THE METROPOLITAN PLANNING ORGANIZATION WHICH AMENDMENT PROVIDES FOR OWNERSHIP OF DOCUMENTS AND LIABILITIES OF PARTIES IF THE CONTRACT IS TERMINATED, RECORD AND AUDIT REQUIREMENTS, AND MINORITY BUSINESS AND NON-DISCRIMINATION STATEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 7. (This ordinance was previously withdrawn by Deputy City Manager Briones -- see page 7) 8. ORDINANCE NO. 18549: AUTHORIZING THE EXECUTION OF CHANGE ORDER Na. 8 TO THE 0. N. STEVENS PLANT EXPANSION PROJECT WHICH PROVIDES FOR THE CHANGE FROM FLEXIBLE BASE AND ASPHALT PAVEMENT TO REINFORCED CONCRETE FOR THE CONSTRUCTION OF A ROADWAY BETWEEN THE TWO RIVER PUMP STATIONS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 9. ORDINANCE NO. 18550: AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 3 TO THE SOUTH BLUFF PARK IMPROVEMENTS WHICH PROVIDES FOR SUBGRADE WORK TO THE MIDDLE THREE TENNIS COURTS, CLEANING AND LEVELING UP TO EXISTING SURFACE WITH FABRIC PLACEMENT AND ASPHALT OVERLAY TO THE SOUTH FOUR TENNIS COURTS, AND CURB AND GUTTER, SIDEWALK, DRIVEWAY AND DRAINAGE FACILITIES ALONG KING STREET; APPROPRIATING $13,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 10. FIRST READING: AMENDING THE CODE OF ORDINANCES BY DELETING SECTION 53-195, PROCEDURE FOR COVERING PARKING METERS AND ESTABLISHING CHARGES DURING CONSTRUCTION OR REPAIR OF BUILDINGS AND SECTION 53-196, PROCEDURES FOR RENDERING CURB SPACE UNUSABLE; ESTABLISHING CHARGES DURING CONSTRUCTION OR REPAIR OF BUILDINGS, AND SUBSTITUTING THEREFOR A NEW SECTION 53-195, PROCEDURES FOR OCCUPANCY OF PUBLIC RIGHT-OF-WAY (COVERING OF PARKING METERS AND RENDERING OF CURB SPACE UNUSABLE AND ESTABLISHING CHARGES DURING CONSTRUCTION OR REPAIR OF BUILDINGS. Lnutes .<egular Council Meeting November 13, 1984 Page 9 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 11. SECOND READING: AUTHORIZING THE EXECUTION OF A THREE YEAR LEASE AGREEMENT WITH BAYFEST, INC. FOR THE PURPOSE OF HOLDING A FESTIVAL AND RELATED ACTIVITIES. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, "Nay". 12. THIRD READING - ORDINANCE NO. 18551: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND TRISTAR DEVELOPMENT, INC., FOR THE ANNEXATION OF APPROXIMATELY 27.052 ACRES OF LAND BEING A PORTION OUT OF LOTS 15 AND 16, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 13. THIRD READING - ORDINANCE NO. 18552: ANNEXING A 27.052 ACRE TRACT OF LAND OUT OF LOTS 15 AND 16, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS OWNED BY TRISTAR DEVELOPMENT, INC.; AND DECLARING AN EMERGENCY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". * * * • * * * * Mayor Jones called for consideration of Action by Motion from the Regular Agenda on the following item: 14. Approval of contracts with the Corpus Christi Independent School District and Corpus Christi Junior College District (Del Mar) for the collection of ad valorem taxes, the term of the contracts to be from September 1, 1984 to August 31, 1985. There were no comments from the audience on this item. mutes ..egular Council Meeting November 13, 1984 Page 10 15.* Approving the development plans submitted as a requirement of street closing of Bennett Street on Corpus Christi Beach from North Shoreline Boulevard easterly to Corpus Christi Bay as a condition of street closing formerly adopted by the City Council on November 18, 1981. Mayor Pro Tem Turner departed the Council Table prior to discussion of this item and disqualified herself from voting in order to avoid a conflict of interest. Assistant City Manager Tom Utter stated that in November of 1981, the City Council approved the closing of Bennett Street from North Shoreline Boulevard to the water with the following conditions: (1) that the developer come back within a three-year period with a plan for either a hotel or commercial activity; (2) construction be completed within five years; (3) that a 60 -foot visual corridor to the water be maintained; and (4) pedestrian access to the water be guaranteed and that a sidewalk be constructed in that pedestrian access. Mr. Utter continued by stating that Mr. Wayne Johnson had prepared the plans that are in compliance with those requirements; it is designed to be a large condominium; and the architect will be glad to explain the plan. Mr. Jack Rice Turner, Architect, displayed a model of the proposed condominium and Mr. Utter continued his explanation by showing the visual corridor that will be on the closed portion of Bennett Street. He stated that the developers plan compliance with the conditions of the closing of Bennett Street. Deputy City Manager Briones referred to the property which extends to Canal Street on the other side of the facility and inquired about compliance with that street closing. He pointed out that the plan of this developer does not show the concrete sidewalk on the plans that was required as a provision of closing the street. He reminded Mr. Utter that the 60 -foot wide Canal Street was closed and one of the requirements was that it was to be paved with concrete and remain open to the public. Mr. Turner then addressed the Council and stated that the developers of the property are Mr. Wayne Johnson, Sr. and Mr. Wayne Johnson, Jr. He stated that there will be no construction either on Bennett Street or Canal Street. He referred to the model and assured the Council that there will be no construction on either of those streets, explaining that the project will cost about $18 million; Mr. Johnson is working on the financing; and they eventually hope to have a referendum to allow for the construction of bulkheads if a long lease can be approved by the voters. Council Member Slavik referred to the closing of the street and asked why it was granted originally, stating that she understood the property belonged to someone else. * Amended -- see page 13. nutes _.egular Council Meeting November 13, 1984 Page 11 Mr. Utter replied that the applicant at that time was the Girard Brothers and they called the development, "Admiral's Cove" and it was a similar type of project. Mr. Turner interjected that it is actually the same project. Council Member Slavik inquired if the Corps of Engineers becomes involved in marina development, and Mr. Utter replied that they do but that will not be considered until later. Council Member Slavik inquired about the location of the access to the water, and Mr. Utter replied that both Canal Street and Bennett Street will provide access to the water. Council Member Slavik inquired if both of those streets will provide pedestrian access, and Mr. Utter stated that that is correct. Mayor Jones referred to the tax rate, and Mr. Utter replied that that is in Subzone B of the Reinvestment Zone; the taxes on new construction from the City, the County and the School District will all go into the Reinvestment Zone. Council Member Berlanga inquired if Reinvestment Zone Funds can be used to revitalize the downtown area, and Mr. Utter replied in the affirmative and explained the limits of the Reinvestment Zone. He pointed out that Reinvestment Zone Funds can be matched from other sources as well. He stated that the Staff will provide a report on what has been done, what is anticipated and how much tax money will be generated. Deputy City Manager Briones stated that he is not convinced that the plan complies with the condition of the closing of Bennett and Canal Streets both and expressed concern that there be no obstructions on either Canal or Bennett Streets. Mr. Turner stated that there is no obstruction on Canal Street; the other 30 feet is still open; there is no construction on the other side of the old property line. Council Member Mendez inquired if the discussion is in regard to 60 feet of visual corridor, and Mr. Briones stated that that is the requirement, 60 feet of visual corridor on both Canal Street and Bennett Street. Mayor Jones called for comments from the audience. Mrs. Robert Clarke, representing the League of Women Voters, stated that she has a statement in regard to their opinion. She stated that the League has requested that all existing streets leading to the Beach be left opened. She pointed out that there is a "For Sale" sign on this property and she wanted to know if it is going to be developed or if it is for sale where the street will be closed and be sold as part of the property. She reiterated that she needs to know if the property is for sale. Lnutes egular Council Meeting November 13, 1984 Page 12 Mr. Wayne Johnson, Jr. stated that that is the same sign that has been there for some time; they previously listed the property for sale, but the property is not for sale at this time. Mrs. Clarke inquired if the public can walk anywhere in the 60 -foot street right-of-way, and Council Member Slavik inquired if there is pedestrian access on Canal Street. Mr. Briones explained that when the street was closed, one-half of the street went to each of the abutting property owners and they are required to construct a sidewalk as a pedestrian walkway to the water. Mr. Utter further explained that on the southern 30 feet of Canal Street, this developer is required to put in a sidewalk on the one-half that is their portion. Mr. Briones stated that that is why he is requesting that the motion include that provision. Mr. Johnson agreed that they are bound by the ordinance and they understand that the ordinance closing the street requires that they install a sidewalk. Mr. Briones suggested that the motion under consideration be amended to require that the developer must comply with the requirements included in the ordinances closing Bennett Street and Canal Street. He stated that the ordinance number pertaining to Canal Street is No. 17139. Mr. John Stensland pointed out that when this street was closed there were two parties, and they planned to get together to use the Bennett Street but they would have to provide both physical and visual corridors to the water. He stated that he has the same concern as the League of Women Voters about the access to the water and the street was closed only upon that contingency. He questioned why there is a need to close Bennett Street. Mr. Turner explained that this is just Phase One of the project; they plan to develop the land on the other side of Bennett Street; and they do plan to comply with the ordinance closing Bennett Street. Mr. Utter again explained the requirements of the closing of Bennett Street, stating that it was closed subject to certain conditions and one of those conditions was that there be a hotel project on the property. He pointed out that the 60 -foot visual corridor will have to remain no matter what is installed there and the pedestrian access to the water will have to be installed for the entire 60 feet. Mrs. Helen Royal addressed the Council and stated that she is Mr. Johnson's only neighbor. She referred to the second phase that Mr. Turner mentioned and inquired if they plan to use her home since her home is located on that part of the project area. She stated that she would also like to ask Mr. Johnson if he _nut es _.egular Council Meeting November 13, 1984 Page 13 still owns that property up to the boundary of her lot. She stated that she does not intend to sell her home and noted that there are many things that have been discussed today that she was not aware of. No one else spoke in regard to this matter, and Mr. Briones suggested that Item 15 include the following clause: and "in accordance with Ordinance No. 17139, adopted by the City Council on July 21, 1982, closing Canal Street". The Council indicated their concurrence. City Secretary Read pointed out that Mayor Pro Tem Turner has not been in the Council Chamber during this entire discussion and has disqualified herself from voting on this matter. A motion was made by Council Member Guerrero that Item No. 14 be approved and Item No. 15 be approved as amended. The motion passed unanimously with Mayor Pro Tem Turner having disqualified herself from voting on Item No. 15. * • * * * * * ■ * Mayor Jones called for consideration of the Ordinances from the Regular Agenda on Items 16 and 17. He referred to Ordinance No. 16 which establishes revised water rates for customers using treated or untreated water and briefly reviewed the rates proposed to be approved by the City Council during the morning Workshop Session as follows: Residential Gallons Used Cost per 1,000 Gallons First 2,000 Gals. Next 4,000 Gals. Next 9,000 Gals. Next 15,000 Gals. Next 20,000 Gals. Over 50,000 Gals. (Minimum) $3.00 1.18 1.40 1.75 2.10 2.50 Mayor Jones then noted the rates established for commercial use as follows, noting that the minimum for the first 2,000 gallons will be $5.00 inside City limits and $10.00 outside City limits. Commercial Gallons Used Cost per 1,000 Gallons First 2,000 Gals. Next 13,000 Gals. Next 85,000 Gals. Next 900,000 Gals. Next 9,000,000 Gals. Over 10,000,000 Gals. (Minimum) $5.00 1.30 1.18 1.02 0.84 0.61 nutes .egular Council Meeting November 13, 1984 Page 14 Mayor Jones called for comments from the audience on this ordinance. Mr. Bob Gulley referred to the rates and expressed concern that the burden of the rate increase will fall on businesses and industries and indicated that he was speaking on behalf of other industries as well as his own business. He referred to the fact that City Officials are continuously trying to attract industry and he did not think that this would make a favorable impression on industries that are planning to locate in this area. Mr. Gulley pointed out that the shortfall in the water supply is not a fault of industry and business alone; therefore, everyone should have their water rates increased accordingly. He summarized by stating that he felt that approving large water rate increases for industries is wrong when the City is attempting to attract new industries with more jobs. Mr. J. E. O'Brien, representing the Corpus Christi Taxpayers' Association, objected to any increase in water rates for residential users. He stated that he was present during the discussion a few weeks ago, at which time the Staff was instructed by the Council that they did not want any increase for residential use up to 15,000 gallons. He stated that he was surprised that the Staff is recommending an increase for those categories and noted that apparently they are not listening to the City Council. He referred to the fact that the information had been supplied that indicated that the City had a shortfall of $2 million in the Water Fund due to the activity associated with the water shortage. He pointed out that as of July 31, 1983, the Water Department had investments worth $16,800,000 and they had funds not committed to anything. He stated that it was his understanding that the Staff within the past two years has recommended a 15% increase in the water rates; the Council approved a 5% increase and apparently, the City Council is going to approve the 15% which the Staff wanted in the first place. He expressed the opinion that the water rates have been excessively high over the years and questioned the reason for increasing rates for homeowners. Council Member Kennedy inquired about the number of votes that passed the resolution the preceding evening, and Mr. O'Brien stated that there are seventeen people on the Board and two members were absent but the others passed it unanimously. Mayor Jones pointed out that it would be irresponsible for the Council not to set rates to assure the city of an adequate water supply. Council Member Slavik explained that the $3.00 minimum was discussed at length but the $.42 increase on the minimum for users of the first 2,000 gallons and the next 4,000 gallons will not represent any increase over the $1.18 cost per 1,000 gallons. Council Member Mendez explained that 90% of the people in the City use less than 6,000 gallons each month and those who do, will only pay an increase of $.42. He pointed out that this will encourage conservation in that people will attempt to use 6,000 gallons or less. mutes .egular Council Meeting November 13, 1984 Page 15 Council Member McComb stated that he supported the recommendation in order to obtain some comment. He expressed the opinion that industry will have to take a look at this and provide input if they are opposed to it. Mayor Jones asked Mr. Gulley to provide the Council with written information in regard to his opposition. Mr. Gulley stated that it is his business that he is concerned about, certainly, but there are 69,000 water customers; 7,000 of those customers are businesses and industries; and 85% of the rate increase is going to be assessed to them. He suggested that if the minimum could be raised by just $1, it would have the same impact on everybody in the City. City Secretary Read polled the Council for their vote on the first reading of the ordinance and the following was passed: 16. FIRST READING: AMENDING SECTION 55-50 OF THE CITY CODE OF ORDINANCES, 1976 REVISIONS AS AMENDED BY ORDINANCES 17166 AND 18351, PASSED AND APPROVED JULY 28, 1982, and JULY 24, 1984, RESPECTIVELY, BY AMENDING CERTAIN SCHEDULES THEREIN SO AS TO REVISE 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, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". Mayor Jones departed the meeting temporarily and asked Mayor Pro Tem Turner to preside. Assistant City Manager Utter explained that item 17 is the first reading of an ordinance amending the ground lease agreement with Bayfront Associates and explained the following changes. a. The "Buildings shall contain approximately 80,000 to 100,000 square feet of retail and commercial space" rather than the 150,000 square feet now provided; b. Delete from the available authorized uses therein the following: (1) "office space" (2) "specialty furniture stores" (3) "small shops of mall corridor type" c. Reduce the authorized maximum height of the proposed structures from three stories to two stories, that is "with first floor parking, and be limited to a maximum structure of two stories". mutes .egular Council Meeting November 13, 1984 Page 16 d. Authorize the amending of the Corps of Engineers Permit whereby the surface ground fill area will be approximately eight acres, rather than the twelve acres currently pending before the Corps of Engineers; and further authorize the redesign and submittal of the permit whereby the design configuration will allow for an enhanced sailing fairway within the marina, that is between the proposed fill and the breakwater. e. Authorize the amendment of the pending Corps of Engineers Permit whereby construction of the proposed boat slips on the protected south side of the Peoples Street T -Head can be commenced prior to February 18, 1985. f. Amend the Ground Lease Agreement whereby an additional eighteen months would be available if necessary to obtain the Corps of Engineers permit required for the proposed landfill. Mr. Utter pointed out that the City has had a number of public hearings in connection with this project, and including the public hearing conducted by the Corps of Engineers. He stated that the Corps of Engineers has just received a transcript of that public hearing; the City Staff and the officials of Bayfront Associates have gone through all of the letters of opposition and support; and the want to respond to the negative comments which is one of the reasons for the amendment to the lease. He expressed the opinion that reducing the building to a one-story structure should resolve some of the concern and explained that the other amendments would also address the other concerns expressed by those who are in opposition. Mr. Utter continued by stating that the developer is also asking for an additional eighteen months to begin the project due to the delay of the granting of the Corps of Engineers' permit. He stated that at the same time, the developer is requesting that he be allowed to move forward on the construction of the boat slip on the protected side of the People's Street T -Head prior to February 18, 1985. Mr Joe Gardner, representing the developer, reviewed the history of the land mass agreement, stating that the lease agreement was signed on August 18, 1983. He pointed out that the developer has obtained approval of the contract from two City Councils. He stated that they began the permitting process in October 1983 and in February, 1984 the plans were submitted to the City. Mayor Jones returned to the Council Chamber. Mr. Gardner continued by stating that following the public hearing conducted by the Corps of Engineers, that entity requested in September of 1984 that they prepare another site analysis and Laventhol/Horwath were requested to start that process. Mr. Gardner pointed out that the developers have complied with all local, State and Federal officials and reminded the Council that 1,2000 letters expressing support of the project and 500 letters expressing nutes .egular Council Meeting November 13, 1984 Page 17 opposition to the project had been received by the Corps of Engineers. He explained that the reason for the delay in the issuance of a Corps of Engineers' permit was because the developers did not anticipate having to prepare a site analysis and environmental impact statement and they have still not received a definite timetable for their permitting process. He expressed the opinion that with the changes under conssideration, they expect to receive favorable approval by the Corps of Engineers and that the permit will be issued. He stated that they would like to begin construction on the boat slips because of the high demand for them but they are asking for an eighteen month extension due on the agreement to the fact that the Corps of Engineers' permit has been delayed. He summarized by stating that they have made a sincere attempt to delete those portions of the project that are objectionable to the people who oppose the land mass and they feel that the changes will increase the support of the land mass. He reminded the Council that this project will insure many new jobs for this community which are really needed and he asked the Council's positive support of this. Mayor Jones noted that Council Member Slavik had stated this morning that she was going to request that this item be tabled. Council Member Berlanga expressed the opinion that since so many people are present, the Council should hear comments from the public, and Council Member Slavik stated that she agreed with that. Council Member Guerrero stated that he had requested that an outside legal opinion be obtained in regard to whether or not this would have to go to a referendum. He stated that he would have questions about a Staff opinion of this. Assistant City Attorney Jay Doegey stated that as a member of the City's Legal Department, he would like to provide a legal opinion on this subject. Mr. Doegey continued his statement by explaining that the City Charter sets out two provisions in regard to the requirement for referendums on leases and franchises. He referred to Article VIII, Section 2A which calls for an automatic referendum that applies to granting, renewing or extending a lease of over five years. He pointed out that that is not what is proposed here because there are no changes which could be interpreted as renewing or extending the lease. Mr. Doegey continued by stating that Article VIII, Section 3A, addresses ordinances that grant, renew, extend or amend a public utility franchise or a lease of property and establishes the requirement that 30 days lapse between the first and last reading of such an ordinance which will not be in effect until 60 days after the final passage of the ordinance. He explained that this section provides the ability for citizens to petition the Council for a referendum but the referendum is not automatic. Mayor Jones referred to the petition process and inquired if the Council would be required to call a referendum if such a petition is received. nutes _.egular Council Meeting November 13, 1984 Page 18 Mr. Doegey stated that under Article VIII, 3A, the answer would be yes but the referendum would have to be only on the adoption of the amendments and if the referendum passed and did not allow the amendments, then the original contract would still be in effect. Council Member Guerrero pointed out that the Council had asked for an outside legal opinion so there would not be a biased opinion. Mr. Doegey informed the Council that they have just received an outside legal opinion from Wood, Boykin, Wolter, Smith and Hatridge Law Firm and they concur with his opinion. Mr. Utter confirmed that the outside legal opinion follows Mr. Doegey's opinion exactly and they stated that the mandatory election does not apply but since this amendment is being considered, the referendum would apply only to this amendment. Council Member Mendez noted that Mr. Doegey had alluded to the question of extending the contract and noted that in fact, they really are extending the contract if they grant the additional eighteen months. Mr. Doegey explained that the only thing that would do is delay the commencement of the project. He assured the Council that this amendment does nothing to extend the lease; the lease term, itself, has already started; and the 40 -year lease has not been changed or extended. Council Member Berlanga inquired if Mr. Doegey did not think that with all of these changes included in this amendment it would not require a referendum. Mr. Doegey explained that the Charter only refers to the term of the lease and it does not require a referendum for amendments to a lease. Council Member Slavik commented that she found it very interesting that after she asked about a legal opinion, it was available by this afternoon. She pointed out that she felt that the Council should keep good faith with the citizens and there are some major changes in the agreement included in this ordinance and the most serious one is asking for an extension of eighteen months; yet this does not force the City Council to call a referendum. She expressed the opinion that since there is the eighteen month extension, this should be put to a vote of the people. She expressed the opinion that even the people who are in favor of this project are becoming very skeptical about the entire project and that could be settled by a referendum. Mr. Doegey stated that the Council does have the prerogative to do that. He pointed out, however, that a signed contract for the lease is already in effect and anything that is presented to the voters would only be on the changes included in the ordinance today. He reiterated that if that vote failed to adopt the changes, then the original contract would still be in effect. nutes ..egular Council Meeting November 13, 1984 Page 19 Council Member Kennedy pointed out that every private/public venture that this City has entered into has had an extension of the lease agreement and this is no different from any other project that the City has been involved in. He stated that the Corps of Engineers indicated that they would have an answer in 60 days and this delay was not the fault of the applicant. He stated that his friends have been requesting approval of this amendment and he did not feel that this ordinance included major changes. He reminded the Council that the Wayward Lady lease agreement had at least three extensions. Council Member Kennedy then made a motion to approve on first reading these amendments to the lease. Mayor Jones pointed out that this is an ordinance that will require a vote count. He stated that he spoke in favor of this project before the Corps of Engineers and he is certainly in favor of these changes. He stated that he is in favor of an aquarium specifically and this will provide a site for an aquarium which is much better than the first site selected on the Peoples Street T -Head. He also stated that the owners of the new hotels are in favor of this project as well. Council Member Slavik stated that she has received information from people involved with the aquarium that there is some question as to whether they will locate it on the land mass, and Mayor Jones stated that he talked with Eleanor Donnell at noon that day and she assured him that they still plan to put the aquarium on the new land mass. Council Member Slavik pointed out that she felt it would be very rare for the Corps of Engineers to issue a permit in 60 days and this is such a large project that she questioned why they indicated that they would do so in that period of time. She stated that there is still strong City-wide opposition to the land mass and many of the signatures on the petition calling for the Charter Amendment Election were obtained from people who were opposed to the land mass or to buildings in the Bay. She stated that she felt that the land mass issue should be placed on a referendum to obtain a vote of the people and that would resolve all of the problems. Mayor Jones stated that Dr. Bob Bezdek of Corpus Christi State University conducted a survey which indicated that 40% of the people were in favor of the land mass and 34% of the people were opposed. Mayor Pro Tem Turner stated that she felt that the issue before them is not the land mass itself; it is not the term of the contract; and the issue before them is whether they want to grant the amendment to the existing lease. She pointed out that the developer had voluntarily presented these amendments to address the concerns addressed by many of the people of the City. She expressed the opinion that the amendments actually improve the lease agreement. Mayor Jones pointed out that if the Council does not approve these amendments today and a permit were issued by the Corps of Engineers, the developer could construct a larger structure as originally designed. nutes _.egular Council Meeting November 13, 1984 Page 20 Council Member Berlanga pointed out that he has supported this project from its beginning but he is a little apprehensive because of these amendments. He stated that the more people he talks to, the more he has a tendency to change his mind. He stated that he is very interested in developing the downtown area rather than constructing a land mass and expressed the opinion that there are too many changes in the contract. Mayor Jones pointed out that there are actually six changes proposed which are very minor in view of the fact that the contract is very, very long. Council Member Mendez referred to one of the questions which concerns a referendum and stated that he did not think that a referendum would be in the best interest of the City. He stated that he agreed with Jay Doegey's opinion that if the referendum is conducted, the people would only be addressing these amendments and it would not change the project. He stated that he was in favor of the changes which actually improve the land mass. He informed the Council that he has discussed this with many Hispanic people who are in favor of it because it will provide entertainment for everyone since it will not be a private club and he felt that this is an excellent location for the aquarium. Council Member McComb stated that he worked very hard to have the Charter amendments denied during the last referendum. He noted that a lot of people are present today as a result of a newspaper article but they have not actually seen the amendments. He stated that one provision of the new Charter amendments requires a full text publication with the proposed changes and this publication will provide information for everyone. He noted that there will be a 30 -day waiting period between the first reading and the final reading and the last reading will be on December 18, 1984. He suggested that a public hearing be conducted on December llth prior to the third reading. He pointed out that this will allow individuals time to meet with their organizations and prepare statements to be heard on December llth. He pointed out that the City already has a contract with Bayfront Associates; the contract was entered into when there was no requirement for a referendum; there has been a large amount of information provided; and he thinks that the City should adhere to the rules. He suggested that the second reading of the ordinance be considered on December llth, at which time a public hearing could be conducted on the changes, and inquired if a short agenda could be scheduled for that date. City Manager Martin stated that the third reading could not be before the December 18th but the second reading could be at any time between today and that time. He explained that just the ordinance under consideration today will be the one that is published the three times, five days after each reading, not the entire lease. Council Member Slavik expressed the opinion that it is unfortunate that this matter was brought up at the same time that the Navy Team is visiting here. She stated that she had some questions about some of the amendments and referred in particular to item "a" which reduces the buildings and pointed out that the City will lose money on that. She noted that Section "c" reduces the height of nutes .cegular Council Meeting November 13, 1984 Page 21 the building, and the City will also lose money on that. She then referred to Section "e" which requests that the developer be allowed to build the boat slips at this time. She questioned what would happen on the boat slips if Bayfront Associates does not receive a Corps of Engineers' permit. She noted that the developers are looking at alternate sites at this time and she felt that the Corps of Engineers would be in favor of other sites. She expressed the opinion that extending this starting date for eighteen months is just creating more problems. Council Member Brown noted that the issue is whether the Council should approve these changes or not and it has nothing to do with a referendum. He expressed the opinion that they are just trying to resolve some of the problems. He stated that he is still in support of the project and the amendments. Mayor Jones called for comments from the audience on the amendments to the land mass lease and nine people indicated that they wished to speak. A motion was made by Mayor Pro Tem Turner that the members of the audience be allowed three minutes each to speak; seconded by Council Member Brown; and passed unanimously. Mayor Pro Tem Turner requested that the speakers address the amendments only. Mrs. Pat Duaine stated that not all of the objections of the opponents of the project have been addressed by these proposed changes because many people are objecting to the fact that the citizens had no input on this. She noted that the City is proposing to reduce the project without reducing the IRB financing. She stated that she had presented to the Corps of Engineers a survey which showed that there are 38 empty buildings in the downtown area but she was told that use of those buildings would not be economically feasible. She objected to the fact that the City is giving this land to the developer and assisting them by financing through IRBs. Mr. Hank Snyder spoke in favor of the land mass. He noted that for six years, the City has been trying to improve the bayfront and compared this proposed project to similar projects in other cities. He expressed the opinion that everyone will be very impressed and pleased with this project when it is completed. He reminded the Council that City Hall is on a land mass right now and the bayfront is a beautiful place and will be enhanced by the installation of the land mass. Mr. Galen Westwick, representing OPUS, expressed opposition on behalf of that organization to any extension of time to start the land mass. He pointed out that until the Corps of Engineers grants a permit, there is not actually a contract. He expressed the opinion that the changes are so extensive that they actually comprise a new contract and the best way out of this dilemma is to reject this amendment and the extension of time and the contract will self-destruct. He urged rejection of the amendments to avoid referendums and petition drives. mutes .regular Council Meeting November 13, 1984 Page 22 Mr. E. S. Pennebaker, Jr. addressed the Council and expressed support of the land mass project as it has been modified. He reminded the Council that he originally opposed the proposal and urged the Corps of Engineers to deny the construction permit on the grounds that it would unduly interfere with free access to the boating recreational areas of the marina and constituted a hazard to the City and to boats in the marina during a major hurricane. He stated, however, that the compromise measures presented by the developer answer most of his objections. He stated that the reduction in height of the buildings also will reduce the amount of structure and walkways in buildings exposed to wind and wave action. He pointed out that the land mass will be designed by local architects who are interested in boats and who are concerned about the unique atmosphere of the City's waterfront. He expressed the opinion that since it is a local project designed by local architects, an atmosphere unique to this area will be created. He summarized by stating that he felt that the land mass would good for the City as it is now proposed and he urged that the Council grant the requested extension and the amendments. Mr. Louis Lovelace, 1549 Casa Grande, expressed the opinion that the Corps of Engineers will deny this application and he hoped that that would be true. He stated that he felt that Bayfront Associates is just trying to recoup their losses and noted that this is an entirely different plan. He suggested that this be allowed to die on February 18, 1985 if the extension is not granted. He stated that at the hearing before the Corps of Engineers, he found that a majority of the people in favor of the project will actually benefit monetarily from this project. Mr. Butch Escobedo stated that he does believe in the project because he felt that the City needs the additional jobs that will be created. He stated that he is opposed to the land mass concept but he would be in favor of a similar project on the existing land in the Coliseum area according to Mr. Donald Green's plan to close a portion of Shoreline. He urged that this not be approved and that the contract be allowed to die and devise something that would be more appropriate for the entire community. Mr. Tom Hunt, Sr., 75 Townhouse Lane, stated that he had discussed this with Colonel Lopshire of the Corps of Engineers who stated that the permit will not be issued any time soon. He, too, agreed that there are alternate sites on the existing land and stated that he was disappointed that the City Council has not received the message from the people who are opposed to the land mass in the bay. He urged that the contract be allowed to self-destruct in February of 1985. He stated that the Corpus Christi Taxpayers' Association conducted a board meeting and the resolution reaffirming their opposition to the land mass was passed unanimously. He stated that they also agreed that they are opposed to any changes or amendments thereto. Mr. Hunt then asked Council Member Kennedy if during a trip to Cancun, Mexico taken by him, Mayor Pro Tem Turner, Bob Gulley, and the City Manager and his Staff consisted of discussion of the land mass at that time, and Dr. Kennedy stated that he did not think so. nutes _.egular Council Meeting November 13, 1984 Page 23 Mr. Dean Banks stated that he is opposed to the recommended changes. He stated that three months is not sufficient time to obtain a Corps of Engineers' permit. He noted that if the Council would really listen to what is being voiced by those in opposition, they would be very concerned. He stated that he would like to make the following points: (1) the developers are actually very fearful that the Corps of Engineers is not going to grant the permit; (2) fear of public opinion. The public is not in favor of this project and stated that he would like to see the survey that Mayor Jones mentioned before; (3) that this is a tactical effort to wear down the public opposition with these changes and the developers are hoping to obtain a Corps of Engineers' permit. Mr. Banks stated that the basic objections have always been the location of the land mass and the retail/commercial aspect of the project. He stated that other major objections include the boat slips attached to the Peoples Street T -Head. He pointed out that there would be a problem with parking with that many additional boat slips on the Peoples Street T -Head. He stated that parking spaces are already filled for other uses. He stated that he had another point to make that needs to be discussed in that there seems to be heavy reliance upon the restaurant business to fund this project. He pointed out that there are already too many restaurants on the bayfront. Mr. J. E. O'Brien, 4130 Pompano, stated that he can understand Mayor Pro Tem Turner's reason for favoring the developers. He stated that he did not know exactly what Council Member Slavik was referring to when she asked for an outside legal opinion, but stated that he would like to point out that Mr. John Bell is associated with the outside law firm that provided the opinion, and Council Member Slavik stated that she was aware of that. Mr. O'Brien pointed out that the permit application was not submitted for ten months after the contract was signed and now the developers want an eighteen month extension. He stated that he would suggest that the Council still request an outside legal opinion in regard to the necessity for a referendum election. He pointed out that if the contract is extended for eighteen months, the Council is in essence, extending the lease for that length of time. Ms. Sharla Long pointed out that the Council Members were elected to represent their districts; they made a commitment on this contract; and she was of the opinion that the developer is trying to work with the community to answer their objections. She urged passage of the ordinance. City Secretary Read polled the Council for their votes on the ordinance and the first reading passed as follows: 17. FIRST READING: AMENDING EXHIBIT "A" OF ORDINANCE 17753 PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 3, 1983, REDUCING THE BUILDING AREA, DELETING CERTAIN USES, REDUCING THE MAXIMUM AUTHORIZED HEIGHT OF STRUCTURES, REDUCING THE AMOUNT OF SURFACE GROUND FILL AREA AND ALLOWING AMENDMENT OF THE PENDING CORPS OF ENGINEER PERMIT APPLICATION TO ALLOW CONSTRUCTION OF TRACT A, BOAT SLIPS, TO COMMENCE PRIOR TO FEBRUARY 18, 1985. nutes _.egular Council Meeting November 13, 1984 Page 24 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb and Mendez voting, "Aye"; Berlanga and Slavik voting, "Nay". Council Member McComb suggested that a date be set for a second reading which will in essence be another public hearing. City Manager Martin stated that the third reading of the ordinance can be scheduled for December 18th and suggested that the second reading be set for December the 4th. It was the consensus of the Council that those dates be set. * * * * * * * * * * Mayor Jones announced the public hearing on four zoning applications. 18. Application No. 1084-3, Eduardo Aquino, M.D., P.A.: For a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lots 49 and 50, Block 1400, Bay Terrace, located on the southeast corner of 17th Street and the Crosstown Expressway frontage road. Assistant City Manager Tom Utter informed the Council that in response to the seventeen notices of the public hearing, two in favor and one in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend approval. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. He stated that the applicant plans to expand the adjacent medical facility. Mayor Jones called on the applicant or his representative to speak. It was ascertained that Dr. Aquino was not present but that Mrs. Aquino was. Mrs. Aquino of 5626 Cain Drive, stated through an interpreter that she would speak for her husband. Council Member Kennedy inquired if this was going to be an office or some type of out-patient surgical clinic, and Mrs. Aquino replied that it is now an existing office building and Dr. Aquino wants to extend the office and possibly, have an associate occupy the additional space. Council Member Kennedy inquired again if any surgery is being performed there or if there would be in the future, and Mrs. Aquino again replied that this property is next to their existing property and they just want to expand the office building. nut es _.egular Council Meeting November 13, 1984 Page 25 Council Member Guerrero stated that he felt that a great deal of opposition had been generated on this case due to the fact that the proposed clinic is used to perform abortions. Mrs. Aquino replied that it would not be used for abortions. Mayor Pro Tem Turner inquired if it would be used for any type of surgical treatment, and Mrs. Aquino replied that that will depend upon the practice of the doctor who will have his office there. Council Member Mendez objected to the questioning and stated that he did not think that it was appropriate to grill the applicant because it has nothing to do with appropriate zoning. He stated that he felt that the Council should deal with the zoning request only. Mayor Pro Tem Turner questioned why the applicant requested "B-4" zoning instead of "AB" zoning. Mr. Utter agreed that "AB" zoning would allow medical offices but stated that the Planning Commission and Planning Staff both recommend the "B-4" zoning because it is a logical extension of the existing zoning. He agreed that they could do what they plan to under "AB" zoning. Council Member Slavik questioned how this neighborhood that is predominantly residential could be rezoned for business. She expressed the opinion that it is relevant for the Council to know what is going to happen in this clinic because of the amount of traffic that would be generated. She also questioned why "AB" zoning was not requested rather than the "B-4". A gentleman then addressed the Council and presented a petition containing fourteen signatures of residents of 16th and 17th Street expressing opposition to the zoning request, stating that they believe that the abortion activity conducted will give the neighborhood a bad name and disturb the people in the area because of the excessive traffic. He stated that Dr. Aquino does perform abortions at this office and at a clinic. Mayor Jones pointed out that the Council would not be approving an abortion clinic, they will be voting on a zoning application. Reverend Gene Stewart, Minister of the Reach Out for Christ Church, noted that this is a beautiful City; the Council makes decisions for the growth of this City; there are a lot of things that go on in this City that the Council does not know about and stated that they received a lot of calls on their prayer line. He pointed out that there are already abortion clinics now and he did not think there was a need for additional clinics of that type. nutes .<egular Council Meeting November 13, 1984 Page 26 Dr. Josephie Meaney, 3360 San Antonio Street, stated that she is the Director of the Planning Clinic. She stated that she had had occasion to contact Dr. Aquino's office in regard to a case and inquired if she should take the pregnant woman to the clinic or to Dr. Aquino's office and she was told to take the woman to Dr. Aquino's office. She stated that she can verify that Dr. Aquino is doing abortions at his office. Also speaking in opposition to the operation of an abortion clinic in this neighborhood was Dr. Michael Meaney. He provided figures in regard to the number of abortions performed in this Country and expressed his opposition to this practice. Mr. Ben Sley, 470 Cape Lookout, stated that he is in opposition to this zoning change because of encroachment in the residential neighborhood and the increase in traffic from the Expressway. He stated that he did not think that the Council could ignore what will occur at this location and urged that the request be denied. He also urged that the Council pass an ordinance requiring consent of parents if a pregnant girl under a specific age requests an abortion. Mr. Allen Hobbs, 5325 Hitching Post, stated that this is not just a change of zoning because this City Council has the right to zone property to limit a person's use of the property. Mr. Joe Sinclair, 3013 Topeka, questioned why Dr. Aquino did not appear himself. He stated that Dr. Aquino does perform abortions at this location and described a lecture he had heard on abortions. Mrs. Jean Shely expressed the opinion that new life is unique and even a very young fetus feels pains and is alive. She spoke in opposition to abortion and urged that this application be denied. Mrs. Marla McClanahan stated that she would hate to think that the Council would approve business zoning in her neighborhood. She contended that this is an abortion clinic no matter what Mrs. Aquino has said and this is an issue that should govern the zoning request. No one else spoke in regard to this application. A motion was made by Council Member Mendez that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. Council Member Guerrero stated that he made the comment that this is a zoning issue but obviously, they need to be concerned about the land use and he believed that the Council had heard enough to know that this proposed land use may not be desirable. He stated that his conscience tells him that this is not good land use because of its planned use and it is not good land use because of the traffic that will be generated. nutes _.egular Council Meeting November 13, 1984 Page 27 Council Member Berlanga stated that he is concerned about the encroachment into the residential neighborhood. City Secretary Read polled the Council for their votes on the ordinance effecting the zoning change and it failed to pass by the following vote: 18. (This Ordinance failed to pass) AMENDING THE ZONING ORDINANCE UPON APPLICATION OF EDUARDO AQUINO, M.D., P.A. BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 49 AND 50, BLOCK 1400, BAY TERRANCE, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance failed to pass by the following vote: Jones voting, "Aye"; and Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "No". * * * * * * * * 19. Application No. 984-11, Mr. Billy J. Blankenship: For a change of zoning from "B-2" Bayfront Business District to "13-1" Neighborhood Business District on Lots 24 through 27, Block 35, Padre Island No. 1, located on the east side of Park Road 22, 650' north of Park Road 53. Assistant City Manager Tom Utter informed the Council that in response to the twenty-nine notices of the public hearing, four in favor and one in opposition from outside the area of notification had been returned. He stated that both the Planning Commission and Planning Staff recommend denial of the requested zoning but in lieu thereof, that a special permit for a car wash be approved. He explained that since the time of the public hearing before the Planning Commission, the Staff has come back with the recommendation that "B -2A" zoning be approved and they recommend now that instead of granting the "B-1" zoning or a special permit that "B -2A" be approved. He stated that the applicant and the Planning Commission agree that "B -2A" would be appropriate zoning. No one spoke in opposition to the 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 vote on the ordinance effecting the zoning change and it passed as follows: 19. ORDINANCE NO. 18553: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF BILLY J. BLANKENSHIP BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 24 THROUGH 27, BLOCK 35, PADRE ISLAND NO. 1, FROM "B-2" BAYFRONT BUSINESS DISTRICT TO "B -2A" BARRIER ISLAND BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. mutes .<egular Council Meeting November 13, 1984 Page 28 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". * * * * * * * * * * 20. Application No. 1084-1, South Texas Financial Corporation: For a change of zoning from "B-4" General Business District to "B-5" Primary Business District on Lot 5, Block C and Lot 5, Block D, Lexington Place, located on the north side of South Padre Island Drive, approximately 250' east of Hamlett Drive. Mr. Utter informed the Council that there was no response to the sixteen notices of the public hearing and stated 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 request is made so that the owner can establish an electronic message board for off -premise advertising on Lot 5, Block C. Mr. Wenger explained that their planned use is for a moving computer sign that would be on -premise advertising as well as off -premise use. He pointed out that the City's ordinance contains the specification that the City must enforce the highway beautification ordinance and after examining that ordinance, any off -premise sign is illegal adjacent to or within 660 feet of Padre Island Drive. Mr. Wenger noted that if they advertised on -premise, they are exempted from that regulation. Ms. Debbie Moltz, representing Federal Sign Company, explained that they had originally filed for a variance but the City suggested that they request "8-5" zoning. She noted that at the Planning Commission Meeting, the City Staff recommended denial because they felt it was illegal, then later, the Staff called and informed them that the sign was legal for on -premise advertising but not for off -premise advertising. She stated that she would like to have an extension of this case because she had been provided misleading information. A motion was made by Council Member Kennedy that Application No. 1084-1 be tabled for one week, seconded by Council Member Mendez and passed unanimously. * * * * * * * * 21. Application No. 1084-2, Amistad Investments, Inc.: For a change of zoning from "A-2" Apartment House District to "B-4" General Business District on Lots 11 and 12, Block 2, Meuly Subdivision, located on the northeast corner of Hancock Avenue and Brownlee Boulevard. nutes _.egular Council Meeting November 13, 1984 Page 29 City Secretary Read informed the Council that two members of the City Staff are stockholders in this company and they have filed disclosure statements as required by City ordinance and they will not speak in regard to this application. City Manager Martin confirmed that the two employees who are stockholders very early stated that they are stockholders and have had nothing to do with the zoning procedure. Mr. Utter informed the Council that in response to the thirty notices of the public hearing, two in favor and one in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend denial of this application. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, pointing out that the property is vacant and most of the land in the area is zoned for residential, and showed slides of the vicinity. Mr. Wenger stated that it is the Staff's opinion that this would constitute spot zoning. Council Member Guerrero inquired of Mr. Wenger if the Staff felt that the property should be developed for single-family residences, and Mr. Wenger stated that the land could be developed as multi -family use, noting that the proposed use is an electrical contractor shop. Council Member Brown suggested that a special permit be considered, and Mr. Wenger stated that if the Council desired, that could be approved. Council Member Berlanga stated that he is familiar with that area and noted that there is a flower shop in that vicinity and there are other non -conforming uses in the area. Mr. Cervante Caballero, 616 Sorrell, stated that the business proposed for this location would be a bona fide minority enterprise and it will consist of a one-story building. He assured the Council that there would not be large trucks delivering supplies to the area and the property owner feels that a special permit would be satisfactory. He pointed out that the other land use in the area indicates that the "A-2" zoning would not always be suitable. He stated that they had examined the possibility of developing the four lots for "A-2" zoning but did not feel that apartments would be appropriate there. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. Council Member Kennedy made a motion to deny the requested the "8-4" zoning but in lieu thereof, that a special permit for an electrical shop be approved subject to the submission of an acceptable site plan. mutes .,egular Council Meeting November 13, 1984 Page 30 The motion was seconded by Council Member Mendez and passed unanimously. * * * * * * * * City Manager Martin reminded the Council that they have a meeting scheduled - for Friday morning, November 16th at 7:00 a.m. * * * * * * * * * Mayor Jones called for petitions or information from the audience on items not listed on the agenda. Mr. Philip Rosenstein, 949 Bobalo, referred to an incident that occurred the last time he was in a Council Meeting, at which time Mayor Jones ruled him out of order and directed him to sit down. He stated that he felt that the Mayor owed him an apology for this action. Mayor Jones stated that he did not intend to apologize and Mr. Rosenstein stated that he did not think it was fair for the Mayor to ask someone to sit down when they are making a presentation before the Council and compared such actions to that of a dictator. Mr. Abel Alonzo stated that he was present to make the Council aware that handicapped persons are not being employed by the City of Corpus Christi. He expressed the opinion that the handicapped suffer more from discrimination than any other group. He stated that they have problems with unemployment because nothing has been done to eliminate discrimination against handicapped in employment. He referred to certain sections of contracts which require affirmative action to employ handicapped persons and he was of the opinion that the City is in violation of the law. Council Member Berlanga pointed out that Mr. Alonzo has been hired temporarily with JTPA but he feels that the City has not been very helpful in placing the handicapped. Council Member Kennedy requested a report from Personnel about what they are doing for the handicapped. City Manager Martin informed the Council that he had already provided such a report. There being no further business to come before the Council, a motion was made by Mayor Pro Tem Turner, seconded by Council Member McComb and passed unanimously, and the Council Meeting was adjourned at 6:44 p.m., November 13, 1984. * * * * * * * * * DZ/rr