Loading...
HomeMy WebLinkAboutMinutes City Council - 11/29/1984City of Corpu `sti I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of November 6, 1984 thru November 29, 1984 inclusive and having been previously approved by Council action, are by me hereby approved as itemized. November 06, 1984 - Regular Council Meeting November 13, 1984 - Special Council Meeting November 13, 1984 - Regular Council Meeting November 16, 1984 - Special Council Meeting November 20, 1984 - Regular Council Meeting November 29, 1984 - Regular Council Meeting MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 29, 1984 5:00 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 City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. Mayor Jones suggested that instead of an invocation that the Council and members of the audience participate in a few moments of silent prayer in memory of the Honorable Gabe Lozano, Sr., Mayor Emeritus of the City of Corpus Christi, who passed away at noon that day. The Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Betty Turner. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally con- stituted meeting. A motion was made by Mayor Pro Tem Turnerthat the Minutes of the Regular Council Meeting of November 13, 1984 be approved as presented; seconded by Council Member Guerrero; and passed unanimously. * * * * • * * * * * Mayor Jones announced the presentation on the following subject: MICROFILMED .nutes .<egular Council Meeting November 29, 1984 Page 2 Presentation by Mr. Ruben Gonzalez, Chairman of Landmark Commission's Awards Committee, on their recommendations for recognizing outstanding efforts and achievements in historic restoration. Ms. Linda Dorsey, Chairman of the Landmark Commission, informed the Council that the Landmark Commission has a proposal for the approval of presentations to recognize outstanding efforts and achievements in historic restoration. She then introduced Mr. Ruben Gonzalez, who is Chairman of the Sub -Committee. Mr. Gonzalez explained that they are present to request approval of the City Council to authorize the Landmark Commission to make awards to recognize outstanding achievements in historic restoration. He explained that they plan to present a plaque to be affixed to the particular building for which the award will be made for revitalization, preservation and conservation. He informed the Council that Mr. Bill wilhelmi had agreed to design the plaque and prepare the molding for the plaque at no charge. He stated that the cost of those presented in the future will be $50 and noted that they propose to award three plaques every year. He explained the procedure by stating that they will advertise for applications to be received by the Commission; members of the Commission will review the applications and make the determination on the three to be awarded each year. He continued by stating that they also plan awards for individuals or organizations and this award will consist of a certificate signed by the Mayor and the Chairman of the Landmark Commission. He stated that two of those certificates will be awarded each year. A motion was made by Mayor Pro Tem Turner that the Council approve the recommendation of the Landmark Commission, seconded by Council Member Guerrero and passed unanimously. * Council Member Frank Mendez arrived at the meeting at 5:08 p.m. * * * * * * * * * Mayor Jones called for consideration of the Consent Motions on the following items: 1. Bids be received December 19, 1984, for one 18 foot, 3 -wing self propelled flail mower to be used by the Golf Center. This item is included in the 1984/85 Capital Outlay Budget. Estimated expenditure is $33,000. 2. Bids be received December 19, 1984, for a twelve-month supply agreement, with option to extend for an additional twelve months, subject to the approval of the supplier and the City Manager, or his designee, for mufflers, tail pipes, mounting hangers and service. Estimated annual expenditure is $15,000. 3. Bids be received December 19, 1984, for a twelve-month 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 poly vinyl chloride pipe, related fittings, solvent, mutes ..egular Council Meeting November 29, 1984 Page 3 and cement to be used by the Park and Water Divisions and to be stored at the City Warehouse. Estimated expenditure is $18,000. 4. Bids be received December 28, 1984, for a twelve-month 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 linen and towel service for Fire Stations, Libraries and the Airport. Estimated expenditure is $9,300. ** Council Member Kennedy arrived Luring the above discussion at 5:15 o,n, Council Member McComb referred to item 2 and mentioned a recent discussion on mufflers and tail pipes and stated that he was under the impression that this was on the agenda less than a year ago, yet, the City is now recommending going out for bids again. No one seemed to remember the discussion and City Manager Martin indicated that he would find out later how long it had been since bids had been received on these items. 5. Bids be received December 28, 1984, for a twelve-month 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 HFRS-S emulsion asphalt. This material is used by the Street Division in the seal coat program. Estimated annual expenditure is $272,025. 6. Bids be received December 28, 1984, for a twelve-month 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 cast iron foundry items to be used by Water, Gas, Street and Wastewater. Estimated expenditure is $102,000. 7. Bids be received December 19, 1984, for a twelve-month 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, and multiple progressive award provisions for street construction materials. Estimated annual expenditure is $1,660,000. 8. Authorizing the receipt of bids for palm tree 1985 for the replacement of 1,079 palm trees. 9. Consideration of a recommendation that the City by the Port of Corpus Christi of a contract to for $209,207 for street cable for the Tule Lake be responsible for 25% of the cost, the County of the cost and the Port for 50% of the cost. the Port for the labor to install the cables. replacement on February 19, Council concur in the award Bridon American Corporation Lift Bridge. The City will will be responsible for 25% Bids will also be taken by Mayor Jones referred to item 8 and pointed out that some palm trees cold resistant and some are not and inquired if the City plans to purchase cold resistant type. are the .nutes .<egular Council Meeting November 29, 1984 Page 4 City Manager Martin explained that there about one-half dozen basic kinds of palm trees; the two that are quite different are the Sago Palm and the "other varieties". He mentioned Robusta Palm which is the tallest type of tree and the least resilient. He stated that probably, the City will purchase Palifera Palm Trees and they will be 14 to 15 feet tall but will grow to the 25 -foot height that previously existed on Shoreline. Council Member Mendez referred to item 7 and inquired if this bid encompasses the street materials that were discussed previously. City Manager Martin explained that the aggregate bid must be a type of material that can be used with the emulsion now used in the Street Division paving items. He stated that the Berry's have indicated that their material can be used with that type of product. Council Member McComb referred to item 8 again and inquired if the Parade Place trust fund had been in existence for a long time and also what it was intended to be used for. City Manager Martin explained that these are the profits from the City's first effort as a developer on Parade Place. He stated that the money has been in the fund for five or six years and the funds were to be spent for the Park and Recreation Department. Council Member McComb inquired if the funds were not intended to be used for the Oso Golf Course, and City Manager Martin replied that they were not, even though that may have been discussed at that time. Mayor Jones explained that the City decided that there was no longer any need to use the funds for the Oso Golf Course. Mayor Pro Tem Turner inquired as to what the specifications will include on the bid for the palm trees, and Mr. Utter explained that it will include planting of the trees and a one-year guarantee. City Manager Martin referred to item 9 and explained that this is a new relationship that the City Staff is recommending to the Council which will provide for 25% of the cost to be paid by the City, 25% by the County and 50% by the Port Authority. He stated that for a number of years there has been a three way even division and the new plan will be more fair. Be stated that the repairs will be on the same basis. He noted that the City has not budgeted these funds so the Port will advance the City's share and the City will repay it. Council Member Brown inquired as to how barges will go through the Tule Lake Bridge during the repairs, and City Manager Martin explained that it will only be a three-day job and there may be a short period of 72 hours when barges cannot go through the bridge. He assured the Council that everyone will be notified when that occurs. nut es ..egular Council Meeting November 29, 1984 Page 5 Mayor Jones called for comments from the audience on the Consent Motions and there was no response. A motion was made by Council Member Brown that Consent Motions, items 1 through 9 be approved, seconded by Council Member Mendez and passed unanimously. * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 10 through 17. In reference to Ordinance No. 12 which provides for improvements at Oak Park Recreation Center, Mayor Jones noted that the plan is to reduce the noise problem and he asked for an explanation. Mr. Terry Dopson, Director of Parks and Recreation, explained that the entire building is open and different functions occur at the same time. He stated that they plan to install acoustical tile and doors will also be installed in the building. Council Member Slavik inquired about the amount of money left in the 10th Year Community Development Block Grant Program, and Mr. Utter stated that there is approximately $42,000 left in the Local Option Fund. He stated, also, that he did not anticipate a reduction in the CD funds other than a division to include cities that attain the 50,000 population figure. There were no comments from the audience on the ordinances, and City Manager Martin suggested including the resolution pertaining to Mayor Gabe Lozano, Sr. in this group of ordinances and that it be numbered 17b. City Secretary Read polled the Council for their vote on the ordinances and the following were passed: 10. RESOLUTION NO. 18567 SUPPORTING THE HORTICULTURAL CROPS PACKAGE, CONTAINING THE NUECES COUNTY EXTENSION AGENT - HORTICULTURE, AS PROPOSED BY THE TEXAS AGRICULTURAL EXTENSION SERVICE IN THEIR BUDGET FOR 1986-87 AND URGING THE STATE LEGISLATURE TO JOIN WITH OUR COUNTY'S SUPPORTIVE ACTION IN APPROPRIATING FUNDS FOP THIS MUCH NEEDED LEADERSHIP IN OUR COUNTY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, "absent, at the time the vote was taken". 11. ORDINANCE NO. 18568 AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE BOY'S CLUB OF CORPUS CHRISTI, INC. FOR VARIOUS IMPROVEMENTS TO THE BOY'S CLUB FACILITY; APPROPRIATING $8,000; AND DECLARING AN EMERGENCY. .nutes Regular Council Meeting November 29, 1984 Page 6 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, "absent, at the time the vote was taken". 12. ORDINANCE NO. 18569 APPROPRIATING $22,739 FROM THE PARK BOND FUND FOR IMPROVEMENTS AT OAK PARK RECREATION CENTER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, "absent, at the time the vote was taken". 13. ORDINANCE NO. 18570 AUTHORIZING THE EXECUTION OF A CONTRACT WITH GARRETT CONSTRUCTION COMPANY FOR DRAINAGE AND SURFACE CORRECTION IMPROVEMENTS TO RUNWAY 17-35; AUTHORIZING AN AMENDMENT TO THE W. P. WILLS ENGINEERING CONTRACT FOR RESIDENT INSPECTION; AUTHORIZING GULF COAST TESTING LABORATORY, INC. TO PROVIDE TESTING SERVICES; APPROPRIATING $185,000; ALL SUBJECT TO FEDERAL AVIATION ADMINISTRATION APPROVAL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, "absent, at the time the vote was taken". 14. ORDINANCE NO. 18571 AUTHORIZING REIMBURSEMENT TO CLAUDE CHAPMAN FOR INSTALLATION OF APPROXIMATELY 772 LINEAR FEET OF 8 -INCH DIAMETER WATER DISTRIBUTION MAIN; APPROPRIATING $5,870.78; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the following vote: Jones, Turner, Berlanga, Slavik voting, "Aye"; Guerrero, "absent, at 15. ORDINANCE NO. 18572 AUTHORIZING THE EXECUTION OF A RESIDENTIAL AND MRS. GLENN SCHULZE FOR A 26.93 ACRE TRA DECLARING AN EMERGENCY. foregoing ordinance passed by the Brown, Kennedy, McComb, Mendez and the time the vote was taken". AND GRAZING LEASE AGREEMENT WITH MR. CT OF LAND AT 12930 HEARN ROAD; AND The Charter Rule was suspended and the following vote: Jones, Turner, Berlanga, Slavik voting, "Aye"; Guerrero, "absent, at foregoing ordinance passed by the Brown, Kennedy, McComb, Mendez and the time the vote was taken". nutes .<egular Council Meeting November 29, 1984 Page 7 16. SECOND READING AMENDING THE CORPUS CHRISTI URBAN TRANSPORTATION STUDY -1979 ADOPTED BY ORDINANCE NO. 15181. 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, "absent, at the time the vote was taken". 17. THIRD READING - ORDINANCE NO. 18573A 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 SUB- STITUTING 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. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, "absent, at the time the vote was taken". 17b. RESOLUTION NO. 18579 RECALLING THE MANY ACCOMPLISHMENTS OF GABRIEL LOZANO, SR., AND URGING THAT THE CITIZENS OF THIS COMMUNITY JOIN IN MOURNING THE LOSS OF THIS VALUABLE CITIZEN. 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". * * * * * * * * * * * * * * * * Mayor Jones called for consideration of the following motions from the Regular Agenda. 18. Authorizing an adjustment to Plan I of the City's Group Health Benefit Program to allow for an increase in annual deductible from $100 to $200 for individuals and from $300 to $600 for families. City Manager Martin explained to the Council that recommendations were made on this item at the time the Council was considering the budget; the City Council approved everything recommended except the annual deductible; and the Council asked the Staff to return with this either with the same recommendation or an alternate recommendation. nutes negular Council Meeting November 29, 1984 Page 8 He stated that the Staff is of the opinion that the budget can be balanced by going from the $100 to $200 deductible, rather than the $250 deductible which was originally recommended. He stated that the Staff recommends that these changes be effective January 1, 1985. Mayor Jones indicated that he has no problem with approving this. Council Member Mendez asked Mr. Martin if this was for major medical rather than the health plan, and Mr. Martin explained that it is the same thing in the City's health insurance. He stated that it will be $200 deductible for all health insurance, including major medical. He stated that any medical expense, including prescriptions, can be put together in order to reach the deductible. Council Member Mendez noted that most plans have medical expense and in some cases, the major medical goes into effect. He suggested considering that alternative or at least providing some figures on it. City Manager Martin stated that this would not be to the benefit of the employees, but he would be glad to provide figures in regard to this. He also noted that after the deductible has been reached, 80% of the medical expense of $2,500 will be paid, and following that, 100% of the bill will be paid. Council Member Mendez inquired if an individual preferred if they could take a 20% increase in payments in order to retain the existing deductible, and Mr. Martin stated that that would not be possible because this is funded as a group. He continued by stating that the only options the employees have is whether they want the City's basic plan, HMO, and which members of their families they would like to have covered. He stated that he would really like to have some type of incentive for employees who are well, possibly in the form of a rebate of their premiums. Council Member Mendez stated that he would like to have a survey placed in the City's newsletter just to obtain information as to whether employees prefer an increase in the deductible or in the insurance rate, and City Manager Martin agreed to do this. Mayor Jones called for comments from the audience and there was no response. A motion was made by Mayor Pro Tem Turner that item 18 be approved, seconded by Council Member Guerrero and passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, absent at the time the vote was taken. City Manager Martin then introduced Mrs. Sylvia Mendez who administers the insurance program. nutes Regular Council Meeting November 29, 1984 Page 9 19. Approving the following legislative policies: a. The introduction of legislation to: (1) Amend the Texas Tort Claims Act to include municipal proprietary functions in the limitations of liability equal to those now given to governmental functions. (2) Provide an exemption to the requirement to advertise the sale of real property by a municipality when the sale is between governmental units and providing for the sale price to be negotiated. b. Support the Texas Municipal League and the Assembly of Major Texas Cities in their efforts to influence the defeat of detrimental legislation and the passage of beneficial legislation. Mayor Pro Tem Turner referred to the memorandum from the Deputy City Manager, Ernest Briones, in regard to the proposed legislation about item 8, pertaining to 1269M. City Manager Martin explained that this is the section of the state statutes that sets forth the regulations for cities that are subject to Civil Service dealing with Firefighters and Police Officers. He stated that he is chairman of the negotiating team mentioned in the memorandum. Mayor Pro Tem Turner then referred to item 6 which concerns legislation proposing to establish a state-wide water plan and stated that she felt that the City Council should take a position on this, and City Manager Martin stated that he agreed. Mr. Briones explained to the Council that the water plan submitted will have the support of the Texas Municipal League. Mayor Pro Tem Turner referred to item 2 which opposes legislation that will weaken the City's current authority to regulate mobile homes and inquired if the City is in fact regulating mobile homes. Mr. Briones stated that the City does regulate the placement of mobile homes through zoning. In regard to the item pertaining to the regulation of billboards, Council Member Slavik inquired as to why this City is different from other cities. City Manager Martin explained that the staff is suggesting that this City join with other cities to support them in matters that may affect the placement of billboards. He stated that the staff feels that this City should support other cities in opposing this even though this City does not have regulations pertaining to billboards. mutes xegular Council Meeting November 29, 1984 Page 10 Mr. Martin informed the Council that the Supreme Court has overturned the appellate court in the College Station case in regard to the requirement for park dedication associated with development, and the Council Members indicated their approval of this action. Mayor Jones urged that the Council Members be available to testify during the legislative session. Mr. Briones stated that he had polled the legislative delegation and they have concurred with the date of December 18 for a joint luncheon meeting with the City Council. Mayor Jones ascertained that no one in the audience wished to comment on this item. A motion was made by Mayor Pro Tem Turner that item 19 be approved, seconded by Council Member Mendez and passed unanimously. * * * * * * * * * * Mayor Jones called for consideration of ordinances from the Regular agenda on item 20, 21, and 22. In reference to Ordinance 20, pertaining to the Corpus Christi Beach Improvement Project, City Manager Martin stated that this is the award of contract subject to the State obtaining the federal funds for the parking improvements and various site improvements for Corpus Christi Beach. He explained that the project will be paid 50% by Community Development funds and 50% through a grant from the Parks and Wildlife Department. Council Member Guerrero referred to Ordinance 22, which authorizes a contract for the sale of water to the City of Three Rivers and asked for an explanation of this. City Manager Martin explained that this will guarantee that Three Rivers will have a water supply. He provided background information in regard to the relationship between Three Rivers Water Supply and Choke Canyon, pointing out that this will require the approval of many entities, but the City is confident that it will be approved. He explained that if Choke Canyon or Wesley Sealy Dam have repair problems, funds obtained from Three Rivers will be available for such repairs. He stated that Three Rivers will also receive an additional 1 million gallons of water and will eventually receive 5 million gallons. Council Member Slavik inquired about the effect of this on Corpus Christi's water supply in dry periods, and City Manager Martin stated that Three Rivers will have to cut back on consumption the same as Corpus Christi. Mr. Douglas Matthews, Director of Public Utilities, stated that this contract will be advantageous to both the City of Corpus Christi and the City of Three Rivers. lutes ..egular Council Meeting November 29, 1984 Page 11 Mayor Jones ascertained that no one in the audience wished to speak in regard to this item. Council Member Slavik asked for an explanation on Ordinance 21, pertaining to the Corpus Christi Beach Sand Retention and Renourishment. City Manager Martin explained that the City had made an agreement with the Corps of Engineers for future nourishment and sand retention for Corpus Christi Beach. He explained that the agreement called for a 50/50% split of expenses for the first ten years, following which the renourishment will be at this City's expense. He stated that the Corps of Engineers had informed the City two years ago that it was time to deal with this renourishment; the City did not have any funds set aside for this purpose; and a study was conducted on the renourishment in an effort to try to reduce this expense. He stated that the Corps of Engineers has agreed to spend their 50% of the cost to build a sand retention and sand gathering method. He explained that the estimated cost is $1,175,000 and the City share of that cost will be 50%. He stated that that is the reason the City is attempting to find funds for this project which requires various different sources of the funds as listed on the support memorandum. He stated that the City would also like to have a covered portion of the rock groin proposed to be constructed so that it can be used as a fishing pier. He stated that the ordinance caption should read as follows: "Cancelling $14,425 in Park Bond Funds, etc." He stated that the total appropriation will be $525,000. Mayor Jones determined that no one in the audience wished to speak in regard to Ordinances 20, 21, and 22. City Secretary Read polled the Council for their votes on the ordinances and the following were passed: 20a. ORDINANCE NO. 18573 AUTHORIZING THE EXECUTION OF A CONTRACT WITH KING CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF FIVE PARKING LOTS AT CORPUS CHRISTI BEACH; APPROPRIATING $257,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Berlanga absent at the time the vote was taken. 20b. ORDINANCE NO. 18574 AUTHORIZING THE EXECUTION OF A CONTRACT WITH E.J. NETEK CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF A COMFORT STATION/SHOWER FACILITY, PLAY AREAS, LANDSCAPING AND PICNIC SHELTERS AT CORPUS CHRISTI BEACH; APPROPRIATING $376,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Berlanga absent at the time the vote was taken. nutes rtegular Council Meeting November 29, 1984 Page 12 21. ORDINANCE NO. 18575 CANCELLING AN APPROPRIATION OF $14,425.71 REMAINING FROM THE $61,876.75 APPROPRIATION MADE FROM THE PARK BOND FUND NO. 291-77-2 CORPUS CHRISTI BEACH BOND FUND BY ORDINANCE NO. 15876; AUTHORIZING THE EXECTUION OF AN ESCROW AGREEMENT WITH THE UNITED STATES OF AMERICA FOR THE CITY'S REMAINING SHARE IN THE SAND RETENTION/RENOURISHMENT PROJECT; APPROPRIATING $525,000 FROM THE PARK BOND FUND; AUTHORIZING REIMBURSEMENT TO THE CORPS OF ENGINEERS IN THE AMOUNT OF $25,000 FOR ENGINEERING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Berlanga absent at the time the vote was taken. 22. ORDINANCE NO. 18576 AUTHORIZING THE EXECUTION OF A WATER SALES CONTRACT WITH THE CITY OF THREE RIVERS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Berlanga absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Jones announced the public hearing on three zoning applications. 23. Application No. 1084-10, Mr. H. Victor Lewis: for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 7, Block 9, Colonia Hidalgo, located on the :r of West Point Road and Barrera Drive. Assistant City Manager Tom Ut 'sponse to the 25 notices of the public heari tion had been returned. He stated that the val, but the Planning Staff recommends denial Mr. Larry Wenger, Director of F ling and land use map, described the land use slides of the vicinity. He pointed out th. B-1" is not being used. Mr. Wenger stated st-food restaurant and the staff is in c rea is predominantly residential in nature '.icient business zoning in the area for this t t fact that two businesses in this immediate s that there is no need for additional busine Council Member Guerrero pointed c --_ area is probably more pedestrian in nature than any c ,iergnborhood and in his opinion a fast-food restaurant would be welcome to serve the residents of this area. Mayor Jones called on the applicant or his representative to speak. nutes .egular Council Meeting November 29, 1984 Page 13 Mr. Carl Lewis, attorney for the applicant, expressed the opinion that business zoning for this particular corner seems sensible because he felt that there was the need for a fast-food restaurant in this neighborhood. He questioned why the staff feels there is a need to retain the residential nature of the neighborhood. He stated that the applicant plans to remove the vacant building on the property and install a restaurant which will create an impetus for other businesses to locate at this intersection. Mayor Jones inquired about the type of restaurant to be installed and asked if it will be a franchise. Mr. Lewis replied that it would not and stated that the applicant plans to serve barbeque. Council Member Brown inquired if there was any opposition from the neighborhood, and Mr. Lewis stated that there was one letter in opposition but one resident that he has contacted agreed that the existing house should be torn down. Mr. Utter pointed out to the Council that the two letters in opposition were from the owners of the two lots south of this property. Council Member Berlanga inquired if this will be a take-out type of restaurant, and Mr. Lewis stated that it will be a small place of business and will primarily be a take-out business. He noted that there is ample parking space as well. There were no further comments in regard to this zoning application. A motion was made by Council Member Guerrero that the hearing be closed, seconded by Council Member Mendez and passed unanimously. Mayor Jones indicated that he will vote in opposition to this change of zoning because this is a residential neighborhood. Mr. Wenger explained that one of the reasons for the staff's opposition is because CD funds were used to improve and upgrade the residential neighborhood. Council Member McComb indicated that he will also vote in opposition to this because the City has already spent CD funds to upgrade the neighborhood and the Council should be careful about the zoning in such areas. He pointed out that there are already two unsuccessful businesses at this particular intersection. City Secretary Read polled the Council for their vote on the ordinance effecting the zoning change and the following ordinance was passed: nutes agular Council Meeting November 29, 1984 Page 14 ORDINANCE NO. 18577 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF H. VICTOR LEWIS BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 7 BLOCK 9, COLONIA HIDALGO, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, and Mendez voting "aye"; Jones, Kennedy, McComb, and Slavik voting "no". * * * * * * * * * * * * * 24. Application No. 1084-4, SAA -81: for a change of zoning from "I-2" Light Industrial District to "B-4" General Business District on Lots 28 through 37, Block 5, 100 South Padre Unit 2, located at the southeast and northeast corner of the intersection of Fortune Drive and S. Enterprise Parkway, approximately 380' south of Bear Lane. Assistant City Manager Utter informed the Council that there was no response to the notices of the public hearing except for one in favor from outside the area of notification. He stated that the Planning Commission and Planning Staff recommend denial, however it is the staff's understanding now that the West Oso Independent School District is in favor of this. He stated that the staff typically recommends against "I-2" zoning in residential neighborhoods or residential zoning being approved in "I-2" areas. He noted that the types of buildings which are already in existence at 100 South Padre are not objectional types of "I-2" zoning. He also stated that there are deed restrictions associated with this area and the developer does not intend to change the deed restrictions. Mayor Jones ascertained that no one wished to speak in regard to this application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. Council Member Slavik inquired if the planned health care center will change the nature of the industrial park. Mr. Utter stated that 100 South Padre is not a typical industrial park, but is more of a business park, therefore, the staff feels that a nursing facility will not be incompatible with the park. He stated that it also may be a good transitional zoning between the industrial park and residences in the area. Council Member McComb stated that he has a real problem approving a facility for senior citizens in the middle of an industrial district. He questioned whether this would be good zoning. He noted that there may be deed restrictions but the City cannot enforce them. nutes egular Council Meeting November 29, 1984 Page 15 City Secretary Read polled the Council for their votes on the ordinance effecting the zoning change and the following was passed: ORDINANCE NO. 18578 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SAA -81 BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 28 THROUGH 37, BLOCK 5, 100 SOUTH PADRE UNIT 2, FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, McComb, Mendez, and Slavik voting "aye"; Guerrero and Kennedy absent at the time the vote was taken. * * * * * * * * * * * * * 25. Application No. 1084-6, Mr. Victor E. Baumle: for a change of zoning from "A-1" Apartment House District to "13-4" General Business District on Lot 23, Block A, Michna Addition, located on the south side of Nemec Street, approximately 150' east of Ayers Street (Chapman Ranch Road). Mr. Utter stated that in response to the 13 notices of the public hearing, two in favor and two in opposition had been returned. He stated that the Planning Commission recommends denial and the Planning Staff recommends Denial of "B-4", but in lieu thereof, that "AB" zoning be approved. He stated that the 20% rule is in effect on this case which will require 7 affirmative votes to approve the ordinance. 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 stated that since it faces a commercial zone, the staff recommends "AB" zoning to provide a transition between the business zoning and the "R -1B" property. Mayor Pro Tem Turner inquired about the opposition and was informed that the gentleman who owns two lots adjacent to this property is opposed to it. She then inquired if the applicant will accept the "AB" zoning. Mr. Utter explained that the particular letter of opposition requests that a screening fence be installed adjacent to the property. He then recommended that the Council may consider a special permit for "AB" uses and the City could make sure that the neighbors are agreeable to the "AB" zoning and to the type of screening fence that the applicant plans to install. Mr. Al Hardin, representing Vestland Realty Company, appeared on behalf of the applicant and stated that they would accept the recommendation of the staff for "AB" zoning and assured the Council that Tucker Construction Company would be willing to install the type of fence that Mr. Wood, the property owner who is in opposition, has requested. Council Member Slavik noted that at the Planning Commission meeting, it as noted that there are no plans for the development of this property. lutes _.dgular Council Meeting November 29, 1984 Page 16 Mr. Hardin explained that the applicant plans to use the single-family dwelling that is located there now as an office and again stated that they are satisfied with "AB" zoning. Mr. Terry Wood addressed the Council and stated that he and his brother own the property next to the subject property. He pointed out that the street is primarily residential in nature and the alley does provide a buffer between the "B-4" zoning and the existing "R -1B" zoning. He stated that it is his understanding that the applicant plans to install a construction office on the property and he was concerned about the possibility of outside storage of vehicles, materials, etc. He stated that he and his brother would be agreeable to a special permit for "AB" uses with an appropriate screening fence. Mr. Wenger pointed out that the fence is required if "AB" zoning is approved. Mayor Jones stated that he did not think it was appropriate to require the applicant to install a fence that the adjacent property owner wants but it should be in accordance with the building code. Mr. Wood pointed out that the applicant has already agreed to construct the type of fence that he wants. No one else spoke in regard to this zoning application. A motion was made by Council Member Mendez that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. Mr. Utter stated that the ordinance granting the "AB" zoning is not before the Council at this time. A motion was made by Mayor Pro Tem Turner that the requested zoning of "B-4" be denied for Application No. 1084-6, but in lieu thereof that "AB" zoning be granted. The motion was seconded by Council Member Mendez and passed unanimously. * * * * * * * * * * * * Mayor Jones then read the resolution passed honoring the former Mayor Gabe Lozano, Sr. in its entirety. It was noted that the vote on the resolution had previously been taken. * * * * * * * * * * * * Mayor Jones called for the City Manager's Report. City Manager Martin reminded the Council that on November 20 at the time they were discussing the water restructuring ordinance, it was requested that this be placed on third reading on the agenda of December 4. He referred to the Council's lutes 4gular Council Meeting November 29, 1984 Page 17 request for a breakdown as to the effect that the rate increase will have on the residential user and the commercial user. He stated that he now has the figures prepared for their examination prior to next Tuesday. He stated that this subject will be a discussion item during the morning Workshop Meeting of December 4 at which time other changes can be made if the Council desires. Mayor Jones mentioned the National League of Cities trip that the Council had taken and suggested that the Council devote 30 minutes next week to discussion of the meetings conducted at that seminar. City Manager Martin reminded the Council that they have a full schedule of reports and meetings during the Workshop Meeting and suggested that this be listed as the last item on the agenda. The Council indicated their concurrence. * * * * * * * * * * * * * Council Member Slavik expressed concern about the changes proposed in the agreement with Bayfront Associates on the Landmass. She explained that she has been approached by many people who feel that the changes are too drastic and they feel that a referendum election should be conducted in January. She stated that some attorneys that she has spoken with are of the opinion that some of the changes proposed might not be legal. Mrs. Slavik also pointed out that there has been so much controversy on the Landmass that she felt that an election should resolve all of the problems. A motion was made by Council Member Slavik that the proposed changes to the Landmass agreement be put to the voters in an election on January 19, 1985. The motion was seconded by Council Member Berlanga. Council Member Kennedy expressed the opinion that it will be difficult to separate the decision of the results of a referendum on the amendments to the Landmass agreement, noting that if someone votes against the changes, that does not necessarily mean that they are opposed to the Landmass. He expressed the opinion that this would not tell the Corps of Engineers anything about the opinion of the majority of the citizens. Dr. Kennedy also expressed the opinion that if an election is going to be called, it should be on three readings. He stated that he will vote against having an election on the amendments to the Landmass agreement. Council Member Berlanga referred to the last meeting and stated that he had previously supported the Landmass but when he saw the number of changes that the developers are requesting, he was apprehensive because they were asking for so many changes. Council Member Kennedy asked Mr. Berlanga which changes he was opposed to, and Council Member Berlanga replied that he was primarily opposed to the extension of 18 months for beginning the development. He expressed the opinion that if the agreement is going to be extended, it should be voted upon by the people. nutes -.egular Council Meeting November 29, 1984 Page 18 Council Member McComb pointed out that the Council had received a letter from the Aquarium Association stating that they are under contract to start construction on the T -Head and they have asked for an extension of their contract. He stated that this is similar to what the developers of the Landmass have requested. Council Member McComb then asked Council Member Slavik her opinion if the vote is overwhelmingly opposed to the changes if the coalition and others who are opposed to the Landmass would approach officials of the Corps of Engineers and inform them that they are supportive of the Landmass in its original form. Council Member Slavik stated that at this point, she is not looking for something that is really a technical issue. She stated that an election would be a definite statement to the Corps of Engineers. She explained that the people who have talked to her have indicated that this is a case of manipulation on the part of the developers and the public feels that the City is involved in something that they should not be. She noted that the proposed changes may be approved in an election, but pointed out that she was of the opinion that most people think there is an ulterior motive on the part of the developers in requesting the changes. Mayor Jones stated that he felt that the Council Members have known all along how Council Member Slavik feels about this issue. He stated that he agrees with Council Member Kennedy because an election on the changes would not accomplish anything. He expressed the opinion that citizens would go to the polls and think that they were voting for or against the Landmass, but they would actually only be voting on whether changes or amendments should be approved. Mayor Pro Tem Turner stated that she felt that referendums do have their place, but the Council should not require an election on amendments to a contract. She expressed the opinion that this would just allow officials to shirk their responsibilities, because the agreement has already been approved; the changes proposed will actually improve the Landmass agreement and make the Landmass more attractive; the Council Members have the right to approve or not approve the proposed changes because the City has a legitimate contract with the developers of the Landmass. She stated that if a referendum is conducted, the private sector would lose their assurance that an agreement with the City has meaning and she felt that a referendum on amendments to an agreement that has been approved would be very bad. Council Member Berlanga pointed out that Council Member Slavik is just asking for a referendum on the changes, because citizens are asking questions and demanding answers because they have a feeling of uncertainty about the Landmass. He stated that if the Council has already made an agreement, why should it be changed. He stated that he felt that the agreement that is in existence should be allowed to runs its course and if it does not go to a referendum it will just go beyond the date for construction to start and the situation will be relieved. Council Member Brown called for the question on the motion and Mayor Jones, with the concurrence of the Assistant City Attorney, stated that the call for nutes ..egular Council Meeting November 29, 1984 Page 19 the vote on the question stops debate. Mayor Jones then called for the vote on the motion for a January referendum on the Landmass changes and it failed to pass by the following vote: Berlanga and Slavik voting "aye"; Jones, Turner, Brown, Guerrero, Kennedy, McComb, and Mendez voting "no". * * * * * * * * * * * * Mayor Jones called for petitions from the audience on items not listed on the agenda. Mr. Tom Hunt, Sr., 75 Townhouse Lane, expressed surprise at the response of the Council in regard to the referendum on the Landmass and expressed the opinion that the Council is ignoring the mandate of the public by refusing to call an election. He referred to the Homeport project that is being considered for Corpus Christi and expressed the opinion that the Council has contributed to the possibility that the City will not be selected because of the political climate that is in existence, noting that he felt that this would be of major concern to the Navy. He alleged that the Council has shown disregard for the citizens' opinions and if the City does not get the Homeport, the Council would have contributed to that loss because they are insensitive to the desires and will of the people. He stated that he will work very hard to see that the Council Members who are opposed to an election on this matter are defeated in the next Council election. Mr. Hunt then read a resolution which he later presented to the City Secretary, stating that the petitioners were requesting Mayor Jones and the City Council to call an election on the groundlease agreement amendments. He again alleged that if the City of Corpus Christi does not get Homeport, the Council Members will have contributed to that loss. Mr. Frank Gallardo, Chairman of the Board of West Oso Independent School District, referred to the zoning case of Omni Incorporated and questioned the zoning that was granted. Mayor Jones pointed out to Mr. Gallardo that the Council has already granted that zoning and nothing could be done at this time. Mr. Gallardo explained that he did not know that the application presented by Omni, Inc., was for a change of zoning until it was too late. He expressed appreciation to the Council for the approval of the business zoning for the barbeque stand. He then referred to the land mass which apparently has divided the City. He stated that when people travel to other cities, they should examine what tourists are attracted to and stated that possibly the Landmass might be an attraction. He then invited the Council Members to attend the memorial service for Officer Almanza on December 2, 1984 at the West Oso High School Auditorium. Mrs. Charla Long, 1722 Fremont, thanked the Council for taking a stand on the referendum issue for the Landmass. She stated that she saw no purpose in having the referendum because it would not really settle anything. She expressed the opinion that this was a political move and she appreciated the Council Members for abiding by their agreement with Bayfront Associates. lutes egular Council Meeting November 29, 1984 Page 20 Mr. Joe Gardner of Bayfront Associates informed the Council that if they would review the letters received by the Corps of Engineers in connection with the Landmass, they would find that the response ran two or three to one in favor of the Landmass and at the public hearing, 75 people spoke in favor of the project and less than 45 people spoke in opposition to it. He stated that speaking as a citizen of this community, he resented the threat made by Mr. Hunt that the Council Members were endangering the selection of the City of Corpus Christi as Homeport. Mr. Gerald Renfro stated that he felt sure that Corpus Christi would be selected for the Homeporting project because that is all he hears all over the area and stated that he is definitely in favor of it. Speaking in support of the Landmass was Ms. Donna Cusimano, Public Relations Manager for the Hershey Hotels. She reiterated their support of the Landmass and stated that they hoped that it would be built as soon as possible. There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Mendez and passed unanimously, the Regular Council Meeting was adjourned at 8:40 p.m., November 29, 1984. DZ/tkd