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HomeMy WebLinkAboutMinutes City Council - 12/18/1984All MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING DECEMBER 18, 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 City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Dr. Vernon Elmore of First Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Welder Brown. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones called for consideration of the minutes of the Regular Council Meeting of December 4, 1984. Council Member Frank Mendez stated that he had a correction to make to the minutes on page 2, noting that the street intersection referred to should have been FM 624 and Southern Minerals Road. A motion was made by Mayor Pro Tem Betty N. Turner that the minutes be approved as corrected, seconded by Council Member Mendez and passed unanimously. * * * * * * * * * * * * * Mayor Jones noted the presentation of a retirement plaque for Bill G. Read, City Secretary, for 16 years of service. Mayor Jones then read a resolution commending City Secretary Read for his service to the City of Corpus Christi. A motion was made by Mayor Pro Tem Turner that the resolution be adopted, seconded by Council Member McComb and passed unanimously. MICROFILMED lutes egular Council Meeting December 18, 1984 Page 2 RESOLUTION NO. 18062 THAT THE MANY ACCOMPLISHMENTS OF BILL G. READ AS CITY SECRETARY BE RECOGNIZED AND THAT THE CITIZENS OF THIS COMMUNITY JOIN THE CITY COUNCIL IN HONORING THIS DEDICATED PUBLIC SERVANT FOR HIS MANY CONTRIBUTIONS TO THIS CITY. The Charter Rule was suspended and the foregoing resolution passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Kennedy absent at the time the vote was taken. Mayor Jones then presented the plaque to Mr. Read. Mayor Pro Tem Turner expressed the opinion that she felt very fortunate that she had the opportunity to serve with City Secretary Read and noted that it will be almost impossible to replace him because of his service to the City. Council Member Slavik stated that she had only known Mr. Read for a short time but that time has been valuable. She thanked him for his assistance to her and stated that she considers him to be a friend and she hoped to see him often in the future. Mayor Jones then read a resolution in honor of Mr. Tom Swantner which mentioned in particular his many accomplishments and service to the City of Corpus Christi. A motion was made by Mayor Pro Tem Turner that the resolution be adopted, seconded by Council Member Slavik and passed unanimously. RESOLUTION NO. 18601 THAT THE MANY ACCOMPLISHMENTS OF TOM R. SWANTNER BE RECALLED AND THAT THE CITIZENS OF THIS COMMUNITY JOIN IN MOURNING THE LOSS OF THIS VALUABLE CITIZEN. The Charter Rule was suspended and the foregoing resolution passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Kennedy absent at the time the vote was taken. Mayor Jones then presented the resolution to the family of Mr. Swantner. * * * * * * * * * * * * * Mayor Jones called for consideration of the items on the supplemental agenda. A. Approving the appointment of an Acting City Secretary. A motion was made by Council Member Mendez that Dorothy Zahn be appointed as Acting City secretary effective January 1, 1985; seconded by Council Member McComb; and passed unanimously. B. Approving the appointment of Cal Koontz as Chairman of the Gas Assistance Program. utes .._gular Council Meeting December 18, 1984 Page 3 A motion was made by Council Member Guerrero that the foregoing item be confirmed, seconded by Council Member Mendez and passed unanimously. Mayor Jones expressed appreciation to Mr. Koontz for assuming the leadership in this program, and Mr. Koontz responded by stating that he looks forward to the undertaking that is proposed. Council Member McComb then presented a check to Mr. Koontz to start the campaign for the Gas Assistance Program. C. Authorizing the submission of a request to the Texas Economic Development Commission pursuant to Executive Order MW -27 to carry forward the amount of industrial revenue bonds for eligible projects which were the subject of inducement resolutions by the Corpus Christi Industrial Development Corporation in 1984 but were not issued and delivered in 1984. A motion was made by Council Member Berlanga that the foregoing item be confirmed, seconded by Council Member Mendez and passed unanimously. D. The following actions be taken regarding the relocation of Ennis Joslin Road from McArdle to Padre Island Drive: 1. That an agreement be approved with Ennis Joslin, owner of property through which the relocated road will be constructed, setting out the following: a. Mr. Joslin will dedicate the 80 -foot right-of-way for the new road to the City of Corpus Christi. b. City will construct new road 24 -feet wide, at no expense to Mr. Joslin. c. City will close existing road and return to Mr. Joslin, or the abutting owner, free of encumbrances. d. City will remove existing road and replace with top soil. E. A public hearing be scheduled for January 15, 1985, relative to the closure of Ennis Joslin Road between McArdle Road and South Padre Island Drive. City Manager Martin explained that this agreement had been worked out and the foregoing steps are necessary to complete the project. He stated that according to the agreement these actions need to be considered at this time. A motion was made by Council Member Brown that items D and E be approved, seconded by Council Member McComb and passed unanimously. City Manager Martin explained that this plan is consistent with the State's plan and the City is actually receiving a larger amount of property, and the Padre Island Drive improvements will not be delayed. flutes .egular Council Meeting December 18, 1984 Page 4 F. A public hearing be held on January 7, 1985 by the Director of Planning in the Committee Room, City Hall, 8:30 a.m. and that a second public hearing be held on January 8, 1985 by the City Council on the contractual annexation of Blocks 1 and 2, Padre Island -Corpus Christi, Section 18, containing 60.11 acres owned by Gene Graham and Lynn Noack, generally located on the northeast side of South Padre Island Drive, opposite the intersection of Aquarius Street on South Padre Island Drive. City Manager Martin explained that this is just to set a public hearing on the proposed annexation. A motion was made by Mayor Pro Tem Turner that the foregoing item be confirmed, seconded by Council Member Mendez and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for consideration of the following consent motions: 1. Bids be received January 16, 1985 for twenty-four trucks to be used by various City departments. Funds are included in the 1984/85 Budget with an estimated expenditure of $425,057. 2. Bids be received January 30, 1985 for twenty-five self-contained air breathing apparatus for the Fire Department. Funds included in the 1984/85 Capital Outlay Budget with an estimated expenditure of $31,250. 3. Approving the purchase of traffic signal equipment, to be used by the Traffic Engineering Division for installation of a traffic signal at the intersection of McKenzie Road and Haven Drive, as follows: a. TRAFFIC SIGNALS, INC. 1 Ea. Solid State Controller Total: $8,337 b. SIGNAL ENGINEERING COMPANY 8 ea. Traffic Signals @ $350 2 ea. Pedestrian Signals @ $307 2 ea. Push Button Units @ $ 28 10 ea. Junction Boxes @ $ 54 Total: $4,010 GRAND TOTAL: $12,347 This purchase is based on low bid and is included in the 1984/85 Traffic Engineering Budget. Council Member Slavik inquired about the disposition of the old trucks and City Manager Martin explained that the old ones will be auctioned. He stated that this occurs twice a year. Mr. F. D. Glenn, Purchasing Agent, explained that the City is still attempting to combine their auctions with those of the County. 4. Approving a twelve month supply agreement, with option to extend for an additional twelve months at the same terms and conditions, subject to the lutes _.egular Council Meeting December 18, 1984 Page 5 approval of the supplier and the City Manager, or his designee, for meal delivery service for the Elderly Nutrition Program, to Carr's Delivery Service, based on low bid, for the estimated total of $24,970. Eleven bid invitations were issued and two bids were received. Price has increased 10% since last bid in October, 1983. 5. Approving the purchase of eleven siren/light bars to be used on Police patrol cars from Vallen Safety Supply, based on low bid, for a total of $11,244.20. These items are included in the 1984/85 Capital Outlay Budget. 6. Approval of 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 liquid chlorine, delivered in one -ton cylinders, used for water and wastewater treatment, to Dixie Petro Chem, Inc., based on low bid, for an estimated annual expenditure of $107,572.50. Unit price has decreased approximately 22% since last year's bid. 7. A permit be granted to Flournoy Production Company to drill a well in Mustang Island State Park, and a provision of the Oil and Gas Ordinance prohibiting wells on public parks be waived. The well will be located 2,000 feet in a westerly direction from Park Road 53 and approximately one mile in a northerly direction from the Fish Pass. The Texas Parks and Wildlife Department has approved the drilling of this well. No other exceptions to the Oil and Gas Chapter are requested. The Bay Drilling Committee recommends approval. 8. Change Order No. 1 to the Layne Texas Company contract for water well drilling services in the deductive amount of $94,028 be approved. Because of the well's reduced production and less depth than originally bid, this change order provides for the substitution of carbon steel blank pipe in lieu of stainless steel blank pipe and also provides for adjusting the casing pipe and related quantities for a well depth of less than 500 feet from the base bid depth of 700 feet. 9. Approving a five year concession contract for the Bayfront Plaza Convention Center to Noble Food Services, Inc., on the basis of best bid. Estimated annual revenue $54,000. 10. Plans and specifications be approved and bids be received on January 22, 1985, for the Wildcat Drive/Teague Lane Street Improvement project. This 1982 bond project provides for the widening and reconstruction of Wildcat Drive from F.M. 624 to Teague Lane and Teague Lane from Wildcat Drive to Calallen Drive. 11. Approving Change Order No. 1 to the Broadway Wastewater Treatment Plant Improvements for a deductive amount of $7,052.50 under the Value Engineering Incentive Procedures section of the City's contract with J. D. Construction and Refinery Maintenance Company. This change order provides for an alternate method of installing sludge lines under two 50 -foot diameter clarifier tanks at the Broadway Treatment Plant at a net savings of $14,105. Under the Value Engineering Incentive provisions of nutes _.egular Council Meeting December 18, 1984 Page 6 this contract, the contractor is entitled to 50% of these savings, thus, resulting in a net savings to the City of $7,052.50. In reference to Item 7, Mayor Jones inquired if there are any methods that have been devised to protect the park roads from damage by heavy vehicles using them. Assistant City Manager Bill Hennings explained that they have to have their plans approved and they usually select areas to construct their own roads which will not result in damageto existing roads. He assured the Council that their plans are subject to the approval of the park managers. Council Member Slavik referred to item 4 and inquired if these meals are delivered directly to the clients' homes, and Mr. Martin replied in the affirmative. He stated that this would mean delivery of approximately 22,700 meals. He explained also that plans have been made to take care of the holiday weekend and noted that four meals will be delivered to each participant in the program on Friday, which will take care of Saturday, Sunday, Monday, and Tuesday. Council Member Mendez also referred to item 7 and noted that since the State owns the park and the State owns the mineral rights, why the approval of the City is necessary. City Manager Martin stated that that is not easy to explain, but the property is in the city limits which makes it subject to the drilling ordinance and the City has a cooperative relationship with the State, whereby the State observes ordinances even though they may not be legally required to do so. Council Member Mendez referred to item 8 and pointed out that there are two items to be approved which reflect deductive amounts. He stated that the staff should be commended for this. Council Member Berlanga referred to item 9 and inquired about the procedure for advertising for the concession. City Manager Martin explained that this is a five-year contract and it was advertised twice. Mr. Glenn explained that the City advertises every Saturday; therefore, if a person is accustomed to doing business with the City, they look for the advertisements in the Saturday paper. He stated that this was sent to the Restaurant Association as well. City Manager Martin further explained that frequently companies request that they being placed on the bidders' list for certain items and the staff takes whatever steps are necessary to be sure of receiving competitive bids, and bids are accepted from anyone whether they are on the bidders' list or not. Mr. Bob Lowery, who was present in the audience, explained that expertise is the key to this type of service and should be of primary consideration in this type of concession. nutes ..egular Council Meeting December 18, 1984 Page 7 Mayor Pro Tem Turner commented that the proposal submitted was an excellent one and she expressed the opinion that the City is extremely fortunate to have such an expert bidding this concession contract. Council Member Guerrero stated that he agrees with the staff recommendation. Mayor Jones called for comments on items 1 through 11, and there was no response. A motion was made by Council Member Berlanga that consent motions 1 through 11 be approved, seconded by Council Member Guerrero and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for consideration of the consent ordinances and ordinances from previous meetings on items 13 through 24. *Council Member Charles Kennedy arrived at the meeting at 3:05 p.m. City Manager Martin referred to ordinance 14 and 15 in regard to land acquisition in the vicinity of NAS and stated that the numbers presented in the memorandum pertaining to this indicate that the City has spent 25% of the money from the 1982 Bond Program and 55% of the parcels have been acquired. He noted that there is one parcel that is going to cost approximately $1 million however. Council Member Slavik referred to item 17, pertaining to the bond sale, and inquired about the method by which the financial advisor and the bond counsel were selected and if it was done through a bidding process. City Manager Martin explained that they were selected in 1982 when the bond program was started. He explained that there is quite an advantage to retaining the same bond counsel because of their experience and knowledge of the City. There were no comments from the audience on the ordinances; City Secretary Read polled the Council for their votes;.. and the following ordinances were passed: 13. ORDINANCE NO. 18603 RESOLUTION APPROVING AN AGREEMENT BY CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION TO ISSUE BONDS FOR MEDICAL PLAZA ASSOCIATES AND THE BOND RESOLUTION PROVIDING FOR THE ISSUANCE OF SUCH BONDS; 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. Butes _.agular Council Meeting December 18, 1984 Page 8 14. ORDINANCE NO. 18604 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 50 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $23,000; 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. 15. ORDINANCE NO. 18605 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 4 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $49,894.40; 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. 16. ORDINANCE NO. 18606 AMENDING CODE SECTION 2-75 TO ADD AN ADDITIONAL MEMBER EMERITUS POSITION UNTIL COMPLETION OF CONSTRUCTION AND DEDICATION OF THE NEW CENTRAL LIBRARY FACILITY; AND APPOINTING MRS. MARY BELL TO SUCH POSITION; 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. 17. ORDINANCE NO. 18607 APPROPRIATING $73,000 OUT OF VARIOUS BOND FUNDS FOR EXPENSES IN CONNECTION WITH THE SALE OF $13,330,000 GENERAL IMPROVEMENT BONDS, ON FEBRUARY 19, 1985; 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. 18. FIRST READING AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 53-2, DEFINITIONS, BY DELETING THE DEFINITION FOR COMMERCIAL VEHICLE AND SUBSTITUTING THEREFOR A NEW DEFINITION FOR COMMERCIAL VEHICLE; AND AMENDING SECTION 53-163, STANDING IN CURB LOADING ZONES -RESTRICTIONS, BY DELETING SAID SECTION IN ITS ENTIRETY AND SUB- STITUTING THEREFOR A NEW SECTION 53-163. The foregoing ordinance was read for the first time and passed to its second 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. Dates _.,:gular Council Meeting December 18, 1984 Page 9 19. SECOND READING AUTHORIZING THE EXECUTION OF A CONSENT TO THE ASSIGNMENT OF THE FARM LEASE WITH BENNIE GALLAGHER TO THE KLOSTERMANN FARMS. 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. 20. SECOND READING AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 6-21, IMPOUNDMENT, BY IN- CREASING FEE FOR IMPOUNDMENT OF LIVESTOCK WEIGHING 100 POUNDS AND OVER AND PROVIDING FOR THE AUCTION OF UNCLAIMED LIVESTOCK. 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. 21. SECOND READING AMENDING SECTION 53-253, SCHEDULE IV - STOPPING, STANDING OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS; SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, AND SECTION 53-152, STOPPING, STANDING OR PARKING NEAR HAZARDOUS OR CONGESTED PLACES, OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik voting "aye"; Guerrero absent at the time the vote was taken. 22. SECOND READING AMENDING PARAGRAPH XV OF THE AGREEMENT TO CONTRACT DATED SEPTEMBER 29, 1981, APPROVED BY ORDINANCE NO. 16542 ON SEPTEMBER 23, 1981, BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI AQUARIUM ASSOCIATION TO EXTEND THE TIME FOR THE TERMINATION OF THE AGREEMENT TO CONTRACT AN ADDITIONAL 18 MONTHS. 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. 23. SECOND READING AMENDING CHAPTER 38 OF THE CITY CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI TO ELIMINATE THE REQUIREMENT OF IDENTIFICATION CARDS FOR PERSONS SOLICITING FUNDS FOR CHARITABLE PURPOSES; AND PROVIDING FOR SEVERABILITY. 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. utes ..ogular Council Meeting December 18, 1984 Page 11 City Manager Martin explained that the City has the authority to issue bonds in the total amount of $26,394,000 and the plan contemplates five bond sales to use all of the bond fund. He explained that the City Hall bonds had to be included in this sale, but the City is on schedule with the program. He explained that the City sells bonds under the Charter regulations and when a contract is signed for a project, the City must have the full amount for the project available at the time of the contract award. He explained the procedure for the payment schedule for repaying the bonds and noted that following this sale, a balance for the next bond issue will exist in the amount of $13,064,000. He stated that the City staff recommends the bond sale for February 19, 1985. He stated that item 26 is just a technical item and explained the reason for the terms. Mayor Pro Tem Turner inquired about the anticipated interest rate, and City Manager Martin stated that this is hard to anticipate because they have to go up for a rating between now and February and no one has any idea what the interest rate will be at that time. He stated that at today's rates he would anticipate a 9% interest rate and he would predict that a problem might exist if the City Council had not approved the water rate increase. Council Member Mendez inquired if all of the projects that were approved by the voters will be completed after the final bond sale, and City Manager Martin stated that they would. There were no comments from the audience on items 25 and 26. A motion was made by Council Member Berlanga that items 25 and 26 be approved, seconded by Council Member Brown and passed unanimously by those present and voting. * * * * * * * * * * * * * Mayor Jones called for consideration of the ordinances from the Regular Agenda on items 27 and 28. Mayor Jones referred to item 27 and noted that this is the third reading of a lease agreement with Airdrome Corporation at the International Airport and pointed out that this is a recommendation for denial on third reading. City Manager Martin explained that the other party agrees to the recommendation for denial; the lessees had a question about it after the second reading in February of 1984; they advised the City staff that they could not continue with the lease because of the change in the oil market; and this action is just to clear the records. He assured the Council that the lessees have no objection to denial of the ordinance. City Secretary Read polled the Council for their votes on the ordinance and the following ordinance failed to pass on its third reading: lutes ..egular Council Meeting December 18, 1984 Page 12 ORDINANCE - FAILED TO PASS AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH AIRDROME CORPORATION FOR THE DEVELOPMENT OF A 10.5 ACRE TRACT AT THE AIRPORT TO PROVIDE GENERAL AVIATION SPACE FOR A TERM OF THIRTY YEARS. The foregoing ordinance was read for the third time and failed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "no". Council Member Slavik referred to Ordinance No. 28, which is the third reading approving the amendments to the ground lease agreement with Bayfront Associates, Ltd., on the Landmass and asked for postponement of the third reading. She stated that she would like to have an opportunity to see the Laventhol Horwath report to see if there are any alternate sites before this ordinance is voted upon the third time. She explained that Bayfront Associates has commissioned the company to do this and this report is available and she would like for the Council to see it. Mrs. Slavik pointed out that there are old downtown buildings that can be purchased and remodeled for about $50 per square foot and she wanted to request that the Council look at this report from Laventhol Horwath, noting that it is her understanding that the report will be available any day now. Mayor Jones pointed out that Mrs. Slavik could make a motion to table this third reading. Council Member Slavik inquired of Mr. Utter as to when the report will be available, and Mr. Utter explained that the report will be available in a week or so, but it has to be submitted to the Corps of Engineers. Council Member Slavik pointed out that the City Council's next meeting is January 2, 1985, and Mr. Joe Gardner, Bayfront Associates, stated that the report will be received about that time. Mr. Utter pointed out that that was true, but the lease has a 60 day waiting period and that would take this amendment past the time for construction to commence. Mayor Pro Tem Turner stated that she sees no reason to delay the third reading of this ordinance and it has nothing to do with the report being discussed by Council Member Slavik. A motion was made by Council Member Slavik that action not be taken on this ordinance today until the report has been received from Laventhol Horwath and that this item be tabled until January 15, 1985. Council Member Berlanga seconded the motion, stating that he felt that Council Member Slavik is acting in good faith because she is concerned about the contents of the report which will be received in about two weeks. Council Member Mendez stated that he did not think it was up to the Council to examine alternate sites because this was the request of the Corps of Engineers and he felt sure that they would take care of that. He pointed out that the City Council is only dealing with the proposed changes to the original contract. nutes ..egular Council Meeting December 18, 1984 Page 13 Mayor Jones called for the vote on the motion to delay action 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 comments from the audience on this ordinance. Mr. Gardner stated that he would like to announce the name of the project and make a slide presentation. He displayed slides of the proposed project and stated that the name they have selected is "Paseo del Mar". Mr. Hank Snyder addressed the Council and stated that he is thrilled by this presentation. He expressed the opinion that this is the spirit of what the engineers who came to Corpus Christi six years ago envisioned for all of the people of Corpus Christi. Council Member Guerrero asked what the Council could do to aid the Corps of Engineers in making a decision as soon as possible. City Manager Martin stated that after the ordinance is passed, the Council could reaffirm by letter or some type of document that they are ready to assist the Corps of Engineers with any questions they might have. Mr. Utter reminded the Council that at the last meeting, the Council decided to change the wording on the requirement of 90,000 square feet of space to reduce that to 80,000 square feet and suggested that this action be confirmed by the following motion. A motion was made by Mayor Pro Tem Turner to amend the ordinance amending the Landmass agreement so as to reflect that the buildings shall contain approximately 80,000 to not more than 100,000 square feet; seconded by Council Member Guerrero; and passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, and Mendez voting "aye"; Berlanga and Slavik voting "no". Mayor Jones called for comments on this ordinance. Mr. Ken Helbling, 1018 Water Street, stated that he is speaking for the labor faction of the City. He stated that he took exception to a statement that was made earlier that was derogatory for the minimum wage earner. He stated that he felt that this project had been delayed long enough and in his opinion, jobs for the minimum wage earners are very important in this City, considering the unemployment rate. He urged approval of this ordinance as soon as possible and that the Corps of Engineers be provided with whatever information is needed from the City. He stated that his group is in support of the project "Paseo del Mar." Council Member slavik noted that Mr. Helbling is serving on a Corpus Christi '90 Task Force and she stated that she had been assured by Dr. Richards that the Landmass would not be brought up in any of the Task Force meetings. sutes negular Council Meeting December 18, 1984 Page 14 Mr Helbling assured Mrs. Slavik that this was his opinion and stated that the Landmass has not been brought up by the Task Force on which he serves, but as a labor leader, that contingent is in favor of the proposed Landmass. Council Member Berlanga reiterated that he is opposed to the changes in the Landmass agreement because he felt that if changes are made, the citizens should be consulted and in his opinion a contract cannot be changed without the consent of the people to whom that contract belongs. Mayor Jones stated that he recalled at one of the hearings when the Landmass was first being considered that Council Member Berlanga had made an excellent speech in support of the Landmass. He stated that he has difficulty in understanding the change in his opinion now. There were no further comments on the ordinance; City Secretary Read polled the Council for their votes; and the following ordinance was passed: 28. ORDINANCE NO. 18600 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. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, and Mendez voting "aye"; Berlanga and Slavik voting "no". Council Member Guerrero stated that he would like to make a motion to instruct the staff to set a date for this Council to go to the Corps of Engineers to inform them of the Council's support of the Landmass. Mayor Jones inquired about the closing date for comments, and Assistant City Manager Utter stated that the closing date for comments in favor or opposed has already passed, but the period for responses to the comments continues to be open and there is no closing period in terms of the official record. Council Member Kennedy expressed the opinion that this is an outstanding project; it is a quality of life type of item; and he felt that the future of this City is embodied in this project. He too stated that if a trip to Galveston to the Corps of Engineers would help in any way, then he felt that the Council should do this, but if it would interfere with their decision, then he did not intend to go. Mr. Utter stated that he felt that the alternative site analysis and the material the Corps of Engineers has requested should be delivered to their office first, following which if the Corps of Engineers would like further comments from the City Council then this can be arranged. Mayor Jones noted that there is nothing to prevent individual Council Members from going to Galveston or contacting the Corps of Engineers office, lutes ..egular Council Meeting December 18, 1984 Page 16 ORDINANCE NO. 18609 AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 SUBSECTION, 31-5.78, SETTING FORTH ZONING CLASSIFI- CATION OF SAID AREA OF LAND DESCRIBED AS PORTIONS OUT OF LOTS 4 AND 5, SECTION 20, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Guerrero, McComb, Mendez, and Slavik voting "aye"; Turner, Berlanga, Brown, and Kennedy absent at the time the vote was taken. * * * * * * * * * * * * * 30. Application No. 1184-10, Mr. and Mrs. John F. Jones: zoning from "B-4" General Business District to "I-2" District being a portion of Lots 12 and 13, Ebony Acres on the west side of State Highway 358 (North Padr approximately 150' south of Leopard Street. Mr. Utter informed the Council public hearing, none in favor and stated that the Planning Commission recommends denial. for a change of Light Industrial Addition, located e Island Drive), that in response to the six notices of the one in opposition had been returned. He recommends approval, but the Planning Staff 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 property is now occupied by a commercial use, but the staff analysis indicates that the granting of light industrial zoning on this property would constitute an intrusion into an established commercial district which extends at least 200 feet on either side of Leopard Street. He also noted that two motels are located in the vicinity of the subject property which indicates that this area is a viable commercial location. Mr. Wenger also explained that there is a metal building that is unused located on the property and the staff feels that "I-2" zoning would have a detrimental effect on the "B-4" zoning on the adjacent property, most of which fronts on Leopard Street. He explained further that this case is before the Council because of a citation issued for illegal use. Speaking on behalf of the applicant was Ms. Bobbie Moore, Sunbelt Realty, who stated that at the time the citation was issued, the tenants involved in the facility had their trucks parked outside, but those tenants are no longer there. She noted that most of the businesses in the area are gas related enterprises and most of the business use mentioned by the staff is located in a concentrated area of Leopard Street. Council Member Kennedy expressed the opinion that "I-2" is appropriate zoning for this site and would be compatible with the existing zoning in the area. No one spoke in opposition to this zoning application. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Mendez and passed unanimously. autes .agular Council Meeting December 18, 1984 Page 17 City Secretary Read polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: ORDINANCE NO. 18610 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MR. AND MRS. JOHN F. JONES BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOTS 12 AND 13, EBONY ACRES ADDITION FROM "B-4" GENERAL BUSINESS DISTRICT TO "I-2" INDUSTRIAL DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Kennedy, McComb, Mendez, and Slavik voting "aye"; Turner, Brown, and Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * 31. Application No. 1084-8, Mr. R. D. Bennett: for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 4A, Block 1, Guth Parkside Annex, located on the west side of Rand Morgan Road, approximately 425' south of Up River Road. Assistant City Manager Utter informed the Council that in response to the 20 notices of the public hearing, two in favor and six in opposition from within the area of notification had been returned as well as a petition with nine signatures from outside the area of notification expressing opposition. He stated that both the Planning Commission and Planning Staff recommend denial of "B-4" zoning but in lieu thereof, that a special permit for the sale of trailers and trampolines be approved. He informed the Council that the applicant is agreeable to the special permit, but pointed out that the 20% rule is in effect which will require 7 affirmative votes to approve. 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 the property owner is in the business of selling trailers and trampolines on this property. Council Member Slavik inquired if those who were opposed to the zoning were agreeable to a special permit, and Mr. Wenger replied that the special permit does not cover the entire lot but just a portion of the lot. Council Member Mendez noted that this is not a large operation; he stated that he is familiar with the property; and they usually have only two or three trampolines on the property at one time. Mr. R. W. Bennett, the applicant, stated that he had to request the rezoning because he received a citation from the City for illegal zoning operation. He stated that he has been selling trampolines from this location for about five years, but recently started selling a few trailers. He assured the Council that he agrees with the special permit as recommended. No one spoke in opposition to this zoning application. lutes ..egular Council Meeting December 18, 1984 Page 18 A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Slavik and passed unanimously. Mr. Wenger informed the Council that the proposed ordinance includes an approved site plan. City Secretary Read polled the Council for their vote on the ordinance and the following was passed: ORDINANCE NO. 18611 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF R. D. BENNETT BY GRANTING A SPECIAL COUNCIL PERMIT FOR TRAILER AND TRAMPOLINE SALES ON A PORTION OF LOT 4A, BLOCK 1, GUTH PARKSIDE ANNEX; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Turner absent at the time the vote was taken. * * * * * * * * * * * * * 32. Application No. 1184-6, Mr. William C. Davis: for a change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lots 55, 56 and the north 20' of Lot 57, Block 812, Port Aransas Cliffs, located on the east side of South Alameda Street, approximately 250' north of Texan Trail. Assistant City Manager Utter informed the Council that in response to the 22 notices of the public hearing, six in favor and two in opposition had been returned. He informed the Council that both the Planning Commission and Planning Staff recommend denial but in lieu thereof, that a special permit be approved for the sale of contact lenses and operation of an optical lab. He stated that he did not believe there is any opposition. Mayor Jones pointed out that according to the zoning summary, the staff recommends denial and the agenda also indicates that the staff recommendation is for denial. Mr. Utter stated that it was his understanding that the staff recommends approval of the special permit and Mr. Wenger concurred. 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. Mr. Cecil Burney, Attorney representing the applicant, requested that the Council approve this zoning application. No one spoke in opposition to the zoning request. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Mendez and passed unanimously. rotes ..egular Council Meeting December 18, 1984 Page 19 City Secretary Read polled the Council for their vote on the ordinance granting the special permit and it passed as follows: ORDINANCE NO. 18612 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF WILLIAM C. DAVIS BY GRANTING A SPECIAL COUNCIL PERMIT FOR THE SALE OF CONTACT LENSES AND AN OPTICAL LAB ON LOTS 55, 56, AND THE NORTH 20 FEET OF LOT 57, BLOCK 812, PORT ARANSAS CLIFFS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Turner absent at the time the vote was taken. * * * * * * * * * * * * * 33. Application No. 1184-11, Mr. Fred Galindo, Trustee: for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 10, Block 3, Arcadia Subdivision, located between Florida Avenue and South Staples Street, approximately 500' north of Annapolis Drive. Mr. Utter informed the Council that in response to the 25 notices of the public hearing, four in favor and seven in opposition from inside the area of notification had been returned, and one in favor and one in opposition from outside the area of notification had been received. He stated that the 20% rule is in effect and 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. Mayor Jones called on the applicant to speak. Ms. Bobbie Moore, Sunbelt Realty, Inc., representing the applicant, stated that she has had the listing on this particular piece of property before. She agreed that this is a problem in that it is located between commercial property and single family dwellings. She inquired if it would be possible for the applicant to receive a special use permit which the Council indicated that they would grant the last time an application on this property was submitted. She pointed out that the special permit could be issued requiring a standard screening fence between this property and the residential area and with the required number of parking spaces for the type of use according to the ordinance. Mayor Jones stated that the Council was willing to approve a special permit the last time this property was submitted for rezoning. He stated that if the Council approved a special permit, he felt that their plan would have to be submitted to the neighbors to see if the neighbors concurred with the proposed use and plan. lutes negular Council Meeting December 18, 1984 Page 20 Mr. Utter suggested that the Council could go ahead and grant a special permit for "AB" uses subject to a site plan and a requirement for the appropriate screening fences or the Council could hold the plan for six months and instruct Ms. Moore to find some plan that the neighbors would feel comfortable with. Ms. Moore inquired if the site plan would have to be specific or if they could submit one just showing the fence line and the building line, and Mayor Jones stated that he felt that the site plan would have to be specific. Council Member Kennedy stated that he felt that this would solve the problems and remove the blight that is in existence on this property. He stated that he would prefer that the Council take action today. Council Member McComb disagreed, stating that he felt that this property has potential for development of a residence and indicated that he would vote against the motion. Council Member Slavik referred to the zoning summary minutes in which it was indicated that a house was located on the lot at one time, and Mr. Utter stated that there was a house there five years ago but it is no longer there. Council Member Slavik continued by stating that she felt that this would be suitable for a residence. Ms. Moore pointed out that if a residence was established there, it would have to be a $50,000 home; the neighborhood is well kept, but it is not in that economic category. Council Member Brown expressed the opinion that a special permit should be approved. Mrs. Burnette Benedict, 1150 Florida, stated that this property has become a real problem in that she has heard applications for changes in zoning on this property many times. She stated that her property is located adjacent to the subject lot. She questioned whether a house would ever be moved onto this property and asked about the type of structures allowed under "AB" zoning. Mr. Utter explained that the typical "AB" uses are physician's offices, dentist's offices, or primarily professional office uses. He stated that a drive-in grocery store would not be allowed in "AB" zoning and assured Mrs. Benedict that the staff will provide her with a list of types of uses allowed. No one else spoke in regard to this application. A motion was made by Council Member Berlanga that the hearing be closed, seconded by Council Member Brown and passed unanimously. A motion was made by Council Member Brown that the requested zoning of "B-1" be denied, but in lieu thereof that a special permit be approved for "AB" uses subject to submission of an approved site plan and subject to the Lutes ..egular Council Meeting December 18, 1984 Page 21 coordination of the neighbors. The motion was seconded by Council Member Kennedy and passed unanimously by those present and voting. Mr. Utter explained that the Ordinance would be presented to the Council as soon as an approved site plan has been submitted. * * * * * * * * * * * * * City Manager Martin reminded the Council that there will be no Council Meeting during the week of Christmas and no packets will be delivered until Friday, December 28, 1984, for the Council meeting scheduled for January 2, 1985. * * * * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not listed on the agenda. Mr. Philip Rosenstein, 949 Bobalo, addressed the Council in regard to the water rate increase. He registered a complaint that the first reading of the ordinance indicated that there would only be a small increase for residential users and he assumed that that was the ordinance that would finally be passed. He objected to the fact that evidently the Council voted on the first reading of the ordinance even though they knew that the ordinance was going to be amended before the third reading. He objected to the fact that the Council amended the ordinance prior to third reading and this amendment affixed a charge for poor people on fixed incomes of a greater amount than had been the case on the first reading of the ordinance. He expressed the opinion that such methods are unethical and possibly illegal. He stated that he would like to challenge the legality of this action and if necessary he would file suit against the City of Corpus Christi and the City Council because the ordinance finally passed was different from the ordinance considered on first reading. Mayor Jones commented that if this is an illegal action, the City has been guilty of doing this for a long time, because frequently ordinances are amended prior to third reading. City Manager Martin explained that an ordinance can be amended any time the Council wishes to prior to its final adoption and reminded Mr. Rosenstein that the water rate ordinance does not even require three readings. He explained that one of the purposes of having an ordinance on three readings was to obtain public input. Assistant City Attorney Jay Doegey agreed and stated that that is one of the purposes of the three reading ordinance, to provide input from the public and for the ordinance to be amended if the Council desires. He pointed out that each week that this ordinance was considered it was on the agenda; public hearings were held; the ordinance was amended prior to third reading; and this was all quite legal. Council Member Mendez stated that he and Mr. Rosenstein had had quite a discussion on this and he had tried to explain this to Mr. Rosenstein but Mr. Utes .regular Council Meeting December 18, 1984 Page 22 Rosenstein accused the Council of not being concerned about the poor people, which is not true. Mr. Rosenstein stated that he does intend to file a lawsuit on this matter. Reverend G. A. Summers, Jr. extended an invitation to the City Council to attend the Christmas Carol singing event at Flour Bluff that evening and presented information to the Council on this. He also expressed the opinion that the unusual drought that Corpus Christi had experienced was probably because of the lack of high moral standards in the City. Mayor Jones then wished City Secretary Read good luck. There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Council Member McComb and passed unanimously, the Regular Council Meeting was adjourned at 5:25 p.m., December 18, 1984. DZ/tkd