HomeMy WebLinkAboutMinutes City Council - 07/20/1983MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
JULY 20, 1983
2:00 P.M.
PRESENT
Mayor Luther Jones
Mayor Pro Tem Betty Turner
Council Members
Bob Gulley
Herbert Hawkins
Dr. Charles Kennedy
Cliff Zarsky
ABSENT
Council Member Jack K. Dumphy
City Manager Edward 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 Council Member Herbert Hawkins in the
absence of the invited minister, following which the Pledge of Allegiance to the
Flag of the United States was led by Council Member Zarsky.
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 Turner that the minutes of the
Special Council Meeting of July 6, 1983 and the Regular Council Meeting of July
13, 1983 be approved as presented; seconded by Council Member Zarsky; and
passed unanimously.
Mayor Jones then presented to the following employees certificates of
completion of the Supervisory Development Program of the Texas A & M Engi-
neering Extension Services six -part series on Supervisory Management:
1E919 1§84
Minutes
Regular Council Meeting
July 20, 1983
Page 2
NAME
Jose Martinez
Ted R. Stokes
Jesse 0. Aranda
Cecilia M. Orona
Jesse Vielma
Ann Wing
Earmeane Mae Brown
Robert N. Keffer
Louis Hoelscher
Lona Gericke
Herbert Canales
Clifford Beaber
Wayne R. Cockroft
Diego Rivera
Frank Sacky
Robert Bailey
Richard Fuentes
Hipolito Saenz
Raymond Thomas
Gordon Means
Ignacio Solis
TITLE DEPARTMENT/DIVISION
Senior Street Foreman
Marina Supervisor
Property Advisor II
Center Supervisor 11
Wastewater Gen. System
Lab Tech. AIC
Housing Counselor Supv.
Plant Supervisor 1
Laboratory Tech. AIC
Librarian I
Librarian III
Maintenance Mechanic Foreman
Water Distribution Supt.
Water System Foreman
Senior Engineer
Gas Pressure Foreman
Meter Reader
Sanitation Foreman
Sr. Gas System Foreman
Wastewater System Foreman
Custodial Supervisor
Street
Marina
NID
Sr. Comm. Services
Wastewater
Water
NID
Wastewater
Water
Library
Library
Wastewater
Water
Water
Gas
Gas
Public Utilities
Sanitation
Gas
Wastewater
Convention Center
Certificates of completion of the Texas A & M Administrative Development
Series for middle and upper level management personnel:
NAME
Cefe Valenzuela
Anita Garza
TITLE
Sanitation Superintendent
Municipal Court Clerk
DEPARTMENT/DIVISION
Sanitation
Municipal Court
Mayor Jones then administered oaths to the following new appointees to
Boards and Commissions: Mr. Javier Chapa, Planning Commission; Dr. Colleen
Benson, Animal Control Advisory Board; and Mrs. Helen Bechtel, Citizens
Advisory Health and Welfare Board.
Mayor Jones called for confirmation of Board and Committee appointments
on the following appointments: Appointment of additional alternates to the
Coastal Send Council of Governments. It is recommended that Tom Basile, Leah
Olivarri and Alicia Perez be so appointed.
A motion was made by Mayor Pro Tem Turner to confirm the foregoing
appointments, seconded by Council Member Gulley and passed unanimously.
* * * * * * * * * *
Mayor Jones called for consideration of motions from the Consent Agenda
on the following items:
Minutes
Regular Council Meeting
July 20, 1983
Page 3
1. Twelve months supply agreement for approximately 47,193 feet of sewer
pipe and 6,676 related fittings to be used by Wastewater Services be
approved based on low bid by McAllen Pipe & Supply, Corpus Christi, for
$100,346.29. Three bid invitations were issued and two bids were re-
ceived. Prices have increased an average of 8% since the previous con-
tract of June, 1982.
*2. Twelve months supply agreement for uniforms for the Police and Airport
Security be approved for Cotheran's Uniform Center, Corpus Christi, for
the estimated total of $51,612.07, based on low bid meeting specifications.
The low bidder was rejected because the samples submitted were of lighter
weight and inferior quality than specifications required.
3. Bids be received August 9, 1983 for a twelve months supply agreement for
liquid chlorine in railroad tank cars for the Water Treatment Plants.
Estimated expenditure is $40,000.
4. Bids be received August 9, 1983 for twelve months supply agreements for
captive General Electric and Motorola radio repair parts and accessories for
Radio Maintenance. Estimated annual expenditure: GE=$60,000;
Motorola=$15,000.
5. Bids be received on August 8, 1983 for the sale of Lots 9, 10, Block 5,
Nueces Bay Heights Addition (50'x150') located at 2826 Minton Street.
This property was acquired by the City at a Sheriff's Delinquent Tax Sale
in 1980.
6. Plans and specifications for the Furman School Area Street Improvements,
Phase I, project he approved and bids be received on August 17, 1983.
This 8th Year Community Development Block Grant project provides for the
reconstruction of portions of Alameda, 10th, Buford, Hancock, Coleman,
Morris, Park, Mary and Marguerite Streets in the area surrounding Furman
School. In addition to street reconstruction, new water lines will be
installed in most of the streets in the project.
7. Plans and specifications for construction of the Connection of Surfside
Boulevard to Timon Boulevard be approved and bids be received on Au-
gust 17, 1983. The proposed improvements are in accordance with Corpus
Christi Beach Plan; will provide better access to the southern portion of
Corpus Christi Beach by eliminating the sharp curve at Surfside and
Timon at Elm Street. This project was included in the 7th and 8th Year
Community Development Block Grant Program and the 1982 Bond Program.
8. An expenditure of $13,606 be approved for Municipal Court for mainte-
nance, equipment and reference law materials.
9. The Prudential Insurance Company be awarded the Administrative Services
Only contract for claims administration for the City's self-funded employees
Group Medical and Life Insurance Program effective August 1, 1983 for a
period of approximately six months. Further, the City advertise to re-
ceive proposals for this program by the close of business October 24,
1983.
* Withdrawn - See page 4.
Minutes
Regular Council Meeting
July 20, 1983
Page 4
10. Setting a public hearing for August 3, 1983, at City Hall Council Chambers
at 2:00 p.m. and for August 4, 1983 in an open area at 4:30 p.m. east of
the intersection of Windward Drive and South Barthlomew Avenue for the
annexation of a 1.8 acre tract recorded as Padre Island -Corpus Christi,
Section A, Block 45, Lot 1A.
11. Setting a public hearing for August 3, 1983 at City Hall Council Chambers
at 2:00 p.rn. and for August 4, 1983 in an open area at 5:30 p.m. west of
Everhart Road, south of Silver Ridge Road for the annexation of 75.355
acres out of Lots 2 and 3, Section 19, Bohemian Colony Lands, being
platted as The Lakes, Units 1 and 4.
City Manager Martin stated that he would like to withdraw item 2 for one
week.
There were no comments from the Council or members of the audience on
these items.
A motion was made by Mayor Pro Tem Turner that items 1 through 11,
with the exception of item 2 which was withdrawn, be approved, seconded by
Council Member Zarsky and passed by the following vote: Jones, Turner,
Gulley, Kennedy and Zarsky voting "aye"; Dumphy and Hawkins "absent".
City Manager Martin reminded the Council that for the 30 days prior to the
election of August 13, five affirmative votes will be required to approve any
appropriation of funds, zoning changes, etc.
Council Member Kennedy stated that he would like to change his vote on
item 7 because of a possible conflict of interest. He then stated that he ab-
stained on item 7.
* * * * * * * * * *
Mayor Jones called for consideration of the consent ordinances and ordi-
nances from previous meetings on items 12 through 25.
*Council Member Herbert Hawkins arrived at the meeting at 2:40 p.m.
There were rio comments from the audience on the ordinances; City Secre-
tary Read polled the Council for their votes; and the following ordinances were
passed:
12. ORDINANCE NO. 17715
CLOSING AND ABANDONING THE 5 FOOT WIDE UTILITY EASEMENT AT THE
REAR OF LOTS 1 THRCUCH 14, AND THE PORTION OF THE 5 FOOT WIDE
UTILITY EASEMENT NCT PREVIOUSLY CLOSED BY ORDINANCE NO. 17524 AT
THE REAR OF LOT 15, BLOCK 17, LAGUNA VISTA SHORES SUBDIVISION;
PROVIDING FOR REPLATTING; AND DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
July 20, 1983
Page 5
The Charter Rule was suspended and the foregoing ordinance passed by the
following vete: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting
"aye"; Dumphy "absent".
13. ORDINANCE NO. 17716
CLOSING AND ABANDONING A PORTION OF SOUTH UPPER BROADWAY SUB-
JECT TO COMPLIANCE BY ABUTTING LAND OWNERS WITH EXPRESS COVE-
NANTS AND CONDITIONS; PROVIDING FOR REVERTER ON BREACH OF CON-
DITIONS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting
"aye"; Dumphy "absent".
14. ORDINANCE NO. 17717
APPROPRIATING $143,000 FOR CLEAN-UP OF PUBLIC AND PRIVATE PROP-
ERTIES PROJECT, VOLUNTARY DEMOLITION PROGRAM, AND ADMINIS-
TRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT SUPPLEMENTAL
APPROPRIATION PROJECTS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting
"aye"; Dumphy "absent".
15. ORDINANCE NO. 17718
APPROPRIATING $30,000 FOR COMPLETION OF EXHIBIT SPACE IN THE NORTH
WING, FOR REIMBURSEMENT TO THE CORPUS CHRISTI MUSEUM BUDGET TO
PROVIDE FOR CONTINUATION OF THE TEMPORARY ASSOCIATE CURATOR
POSITION, AND TO COMPLETE ILLUSTRATIVE ART WORK IN EXHIBITS AND
EXHIBIT AREA; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting
"aye"; Dumphy "absent".
16. ORDINANCE NO. 17719
APPROPRIATING $40,850 FOR INSTALLATION OF NEW CABLE AND ELEC-
TRICAL FEED TO THE AIRPORT TERMINAL BY CENTRAL POWER & LIGHT
COMPANY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting
"aye"; Dumphy "absent".
17. ORDINANCE NO. 17720
AUTHORIZING THE CITY MANAGER TO RENDER PAYMENT NOT TO EXCEED
$65,000 TO SAA -81, JOINT VENTURE, SITTERLE AND CO., MANAGING
Minutes
Regular Council Meeting
July 20, 1983
Page 6
PARTNERS, FOR CITY PARTICIPATION IN PARK PAVING IMPROVEMENTS
ALONG THE FRONT OF 100 SOUTH PADRE PARKS; APPROPRIATING $65,000
FCR THIS AGREEMENT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vete: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting
"aye"; Dumphy "absent".
18. FIRST READING
CONSENTING TO THE SUBLEASE BY CHARLES N. RAYBURN TO OMNIFLIGHT
OFFSHORE, INC. OF THE 0.918 ACRE SITE OCCUPIED BY DOT HELICOPTER
AT CORPUS CHRISTI INTERNATIONAL AIRPORT UNTIL JULY 13, 1990, CON-
DITIONED UPON PAYMENT OF OUTSTANDING TAXES, GROUND RENTALS,
AND FUEL FLOWAGE FEES, AND FURTHER CONDITIONED UPON DEVELOPMENT
OF REMAINING 2.570 ACRES OF THE RAYBURN LEASE ASSIGNMENT, AND
OTHER CONDITIONS ALL AS SET FORTH IN THE "CONSENT OF CITY", A
SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART
HEREOF, MARKED EXHIBIT "1".
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Turner, Gulley, Hawkins, Kennedy and
Zarsky voting "aye"; Dumphy "absent".
19. FIRST READING
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CON-
TRACT BETWEEN THE CITY OF CORPUS CHRISTI AND JACK RYAN FOR THE
ANNEXATION CF APPROXIMATELY 41.83 ACRES OF LAND KNOWN AS
WILLCIAICK ADDITION NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND
TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE
CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJA-
CENT THERETO; PROVIDING FOR SEVERABILITY.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Turner, Gulley, Hawkins, Kennedy and
Zarsky voting "aye"; Dumphy "absent".
20. FIRST READING
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CON-
TRACT BETWEEN THE CITY OF CORPUS CHRISTI AND ROGER SEAMAN FOR
THE ANNEXATION CF APPROXIMATELY 44.59 ACRES OF LAND KNOWN AS
SCUTHFORK UNIT 2, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND
TO LIE ENTIRELY 1FITHIN THE EXTRATERRITORIAL JURISDICTION OF THE
CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJA-
CENT THERETO; PROVIDING FOR SEVERABILITY.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Turner, Gulley, Hawkins, Kennedy and
Zarsky voting "aye"; Dumphy "absent".
Minutes
Regular Council Meeting
July 20, 1983
Page 7
21. SECOND READING
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CON-
TRACT BETWEEN THE CITY OF CORPUS CHRISTI AND CANE HARBOR BAY
COMPANY FOR THE ANNEXATION OF APPROXIMATELY 18 ACRES OF LAND
KNOWN AS CANE HARBOR BAY, PADRE ISLAND, NUECES COUNTY, TEXAS;
FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI,
TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING
FOR SEVERABILITY.
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Jones, Turner, Gulley, Hawkins, Kennedy and
Zarsky voting "aye"; Dumphy "absent".
22. SECOND READING
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CON-
TRACT BETWEEN THE CITY OF CORPUS CHRISTI AND B & G BUILDERS, INC.
FOR THE ANNEXATION OF APPROXIMATELY 32.93 ACRES OF LAND; FINDING
ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL
JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING,
CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY.
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Jones, Turner, Gulley, Hawkins, Kennedy and
Zarsky voting "aye"; Dumphy "absent".
23. SECOND READING
ADOPTING THE STANDARD PLUMBING CODE, 1982 EDITION, AND THE STAN-
DARD GAS CODE, 1982 EDITION, WITH CERTAIN CHANGES THEREIN AND
ADDITIONS THERETO, AS THE PLUMBING CODE OF THE CITY OF CORPUS
CHRISTI; AND PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 1, 1983.
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Jones, Turner, Gulley, Hawkins, Kennedy and
Zarsky voting "aye"; Dumphy "absent".
24. THIRD READING - ORDINANCE NO, 17722
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT MODIFYING
THE TERMS OF A 15 -YEAR LEASE BETWEEN THE CITY, THE LOWER NUECES
RIVER WATER SUPPLY DISTRICT, AND KAMPING PLEASURES, INC., ON A
47 -ACRE TRACT ADJACENT TO LAKE CORPUS CHRISTI.
The foregoing ordinance was read for the third and final time and passed by
the following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky
voting "aye"; Dumphy "absent".
Minutes
Regular Council Meeting
July 20, 1983
Page 8
25. THIRD READING - ORDINANCE 17723
AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-YEAR LEASE
AGREEMENT WITH MRS. HELEN MINNIE FOR MANUAL FOOD OPERATION CON-
CESSION AT CORPUS CHRISTI GOLF CENTER.
The foregoing ordinance was read for the third and final time and passed by
the following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky
voting "aye"; Dumphy "absent".
* * * * * * * * * *
Mayor Jones called for consideration of motions from the Regular Agenda
on the following items:
26. A public hearing be held August 10, 1983 on the electric rate request filled
June 10, 1983 by Nueces Electric Cooperative, Inc.
Council Member Culley suggested that this public hearing be conducted at
the CalaIlen High School.
A motion was made by Council Member Kennedy that the public hearing on
the rate request filed by Nueces Electric Cooperative, Inc. be conducted at
CalaIlen High School at 7:30 p.m. on August 10, 1983; seconded by Council
Member Gulley; and passed unanimously by those present and voting.
27. Authorizing the City to join the Texas Municipal League in a joint study of
Southwestern Bell's rate increase request before the Public Utility Commis-
sion of Texas, and allocating $9,300 as the City's share in a state-wide
effort.
City Manager Martin explained that Southwestern Bell makes their filing
directly with the Public Utility Commission; PUC has started the public hear-
ings; the Texas Municipal League is preparing a package to represent the cities
in the rate determination; and they are requesting cities in the state to join in
that effort and the City of Corpus Christi plans to intervene and participate as
a ratepayer and as a representative of other ratepayers. He informed the
Council that contrary to the arrangements with Central Power & Light Company,
the City will not be reimbursed for expenses.
Mayor Jones suggested that the City of Corpus Christi have a member on
the Steering Committee, and Mr. Martin stated that he sees no problem with
that and informed the Council that possibly Assistant City Attorney Jay Dogey
would be appropriate for that appointment.
A motion was made by Council Member Kennedy that item 27 be approved
with the stipulation that a request be made that a representative of the City of
Corpus Christi be appointed to the Steering Committee; seconded by Council
Member Zarsky; and passed by the following vote: Jones, Turner, Gulley,
Hawkins, Kennedy and Zarsky voting "aye"; Dumphy "absent".
28. Appropriating $1,500 from the arts and cultural projects activity of the
1982-83 Tourist and Convention Development Fund for a Mariachi Band to
perform on certain official occasions during fiscal year 1983-84.
Minutes
Regular Council Meeting
July 20, 1983
Page 9
29. Amend, prior to second reading, the ordinance providing for a permit for
users of burglar alarm systems so as to incorporate various modifications
into the ordinance.
Mayor Jones called for comments from the audience on items 26 thru 29.
Mr. Ken Riley, 6518 Safari, spoke in regard to item 29 and informed the
Council that they had met with the city staff and the Police Chief and a lot of
progress had been made in resolving the disputable items included in this
ordinance. He stated that the Association of Security Companies have discussed
this and they feel that further improvements could be made in the ordinance.
He referred in particular to definition of alarm site - which is one street ad-
dress. He stated that they would like to have included in the statement that 1)
each individual suite or door should be considered as one site; 2) in reference
to definition of alarm system he stated that they would like added to that "to
which the police are expected to respond" and 3) definition of false alarm on
page 2, he stated that he felt the City should add "anything that is beyond the
control of the alarm user". He explained that this should include items such as
telephone lines being down, etc. He suggested that the user should have to
prove the circumstances; 4) He objected to the exemption of alarms for gov-
ernmental entities because in his opinion they created more false alarms than
anyone; 5) He also suggested that alarm systems that have been certified as
being UL standard equipment should be exempt; 6) Service Fee - they would
like to see a citation written for any false alarms, rather than a service fee and
7) they would like to have some type of appeal provision.
Chief Bill Banner of the Police Department provided an explanation of the
reason for the inclusion of various items in the contract and further discussion
fcl lowed.
Mayor Jones requested a written request on the changes that the Asso-
ciation desires so that the staff can investigate them prior to third reading of
this ordinance.
Mr. Ken Miller also requested additional changes in the ordinance.
A motion was rnade by Council Member Zarsky that the amendments re-
ferred to in item 29 be approved, seconded by Mayor Pro Tem Turner and
passed unanimously by those present and voting.
A motion was made by Council Member Zarsky that item 28 be approved,
seconded by Council Member Gulley and passed unanimously by those present
and voting.
* * * * * * * * * *
Mayor Jones called for action by ordinance from the Regular Agenda on
items 30 thru 41.
Mayor Pro Tem Turner referred to ordinance 34 which authorized the
increase of the hotel occupancy tax from 4% to 6% and made a motion that the
hotel -motel tax be increased from 4% to 7% and that the additional income gen-
erated by this source be used for the water garden and other improvements at
Minutes .
Regular Council Meeting
July 20, 1983
Page 10
the Convention Center; seconded by Council Member Kennedy; and passed
unanimously.
City Manager Martin provided a further explanation of this item and stated
that 14 of the 34 increase would be dedicated to operating expenses of the
Convention Center, which is now being subsidized by the operating budget; the
second 14 would be dedicated to setting up a sinking fund for capital operation
and maintenance of the Convention Center; and the third 14 would be dedicated
to paying the City's share of the second area of the Convention Center, includ-
ing a parking garage and a water garden. He stated also that the City will
contribute to the construction of the parking garage.
City Manager Martin stated that items 36, 37, 38 and 39 are related to the
City's budget process and represent rate increases on various utility services.
He explained that all four of these are proposed to take effect during the month
of August which will be cycle billed in September of 1983. He pointed out that
all of these increases maintain the concepts set forth last year with a low
n,inimun charge with higher charges for large users.
Council Member Hawkins expressed opposition to the rate increases and
suggested that some limit be set on the in lieu of and franchise taxes that are
placed in the general fund so that those funds can be used to assist the low
income level residents. He pointed out that there is a need to look for ways to
help people pay their utilities.
Mayor Jones expressed the opinion that the utility services should pay for
themselves but the lowest increases should be for the minimum users.
Council Member Zarsky inquired about the percentage of increases and Mr.
Mark Gresham, Budget Director, explained that water represents a 3% increase;
sanitation, 3%; wastewater, 5%; and gas, 7%.
Council Member Zarsky stated that there is a need to increase salaries for
employees and he did not feel that it is unfair to charge users for the services
they receive and emphasized the fact that the City is not making a profit on
utilities. City Manager Martin informed the Council that the wage increases will
be discussed further next week. He briefly explained that the firefighters will
receive a u% increase; general non -management employees will receive approxi-
mately 4%; and the managerial group will receive 1% less than that.
Mayor Pro Ter: Turner inquired if it would be possible to retain the cur-
rent rate on utilities for the minimum user and increase the rate for the higher
users, and City Manager Martin replied in the affirmative. Mayor Pro Tem
Turner then suggested that the minimum user rates not he increased. Mrs.
Turner also noted that the City proposes charging very little more for outside
the city limits as opposed to inside the city limits.
Mayor Jones stated that he felt that the charges should be based on the
cost of providing these services and it should not be on a social program basis.
Minutes
Regular Council Meeting
July 20, 1983
Page 11
Council Member Gulley reminded the Council that the City's budget was
short last year and reiterated that the City is not charging rates to make a
profit but is just increasing rates to pay the actual costs.
PAayor Jones called for comments from the audience on the rate increases.
Mr. Ron McGee, 434 Linnet, indicating that he was speaking on behalf of a
civic organization, expressed the opinion that the average homeowner cannot
pay these increases in utility rates, particularly people on a fixed income. He
suggested other means of raising funds because the City should not profit from
the ratepayer. He stated that the City earned $21 million on utilities.
Council Member Kennedy inquired of Mr. McGee the source of that informa-
tion and that figure.
Mr. McGee stated that he had checked the annual reports for the last few
years from 1974 to 1979, including the franchise tax and the in lieu of taxes,
which were included in that figure.
Council Member Kennedy assured Mr. McGee that that was not profit, it
was simply money carried over for operating the utilities for the next year. He
pointed out that carrying money forward for the next year's operating expenses
is not a profit and is just good business sense.
There were no further comments en these items. Mayor Jones suggested
that ordinances 30 through 39, 34 having been amended, be voted on at this
time, following which a discussicn of Ordinance No. 40 would be conducted.
City Secretary Read polled the Council for their votes and the following
ordinances were passed.
30. ORDINANCE NO. 17724
AMENDING THE CITY CODE SECTION 2-153 TO SPECIFY THAT CERTAIN
FUNDS REMAINING IN THE TOURIST AND CONVENTION DEVELOPMENT FUND
AT THE END OF EACH FISCAL YEAR BE TRANSFERRED TO THE PERMANENT
ART TRUST FUND; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting
"aye"; Dumphy "absent."
31. ORDINANCE NO. 17725
AMENDINC ORDINANCE NO. 15459, ADOPTED APRIL 2, 1980, AUTHORIZING
EMINENT DOMAIN PROCEEDINGS EY THE CITY OF CORPUS CHRISTI TO
CONDEMN FEE TITLE TO A CERTAIN PARCEL OR TRACT OF LAND LOCATED
IN NUECES COUNTY, TEXAS EY ADDING A. DESCRIPTION OF CERTAIN IM-
PROVEMENTS, WOOD PILE AND FRAME PIER, IDENTIFYING TFIE RECORD
TITLE OWNERS AND CITING LIEN HOLDERS OF RECORD, SAID CONDEMNA-
TION BEING NECESSARY FOR THE ACQUISITION OF THE HEREINAFTER MORE
Minutes
Regular Council Meeting
July 20, 1983
Page 12
FULLY DESCRIBED TRACT FOR THE CORPUS CHRISTI BEACH IMPROVEMENT
PROJECT; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION
PROCEEDINGS AGAINST JIMMY E. SELSOR AND WIFE, ROIANNA SELSOR, AND
JACK L. TUCKER, TO CARRY OUT THE INTENTIONS OF THE ORDINANCE;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting
"aye"; Dumphy "absent."
32. FIRST READING
AUTHORIZING THE CITY MANAGER TO EXECUTE A MODIFICATION OF LEASE
AGREEMENT WITH FIRST CITY BANK OF CORPUS CHRISTI, TRUSTEE, AND
CHARLES N. RAYBURN!, COVERING COMMERCIAL HANGARS AND FIXED BASE
AVIATION LEASE PLOTS AT THE CORPUS CHRISTI INTERNATIONAL AIR-
PORT, MODIFYING THE EXISTING ASSIGNMENTS AND LEASE AGREEMENT,
AND PROVIDING FOR A NEW THIRTY (30) YEAR LEASE UPON COMPLIANCE
WITH ARTICLE VIII, SECTION 2(c) BY CHARLES N. RAYBURN, ALL AS
SHOWN IN THE MODIFICATION OF LEASE AGREEMENT, A SUBSTANTIAL COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED
EXHIBIT "1".
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Turner, Gulley, Hawkins, Kennedy and
Zarsky voting "aye"; Dumphy "absent."
33. ORDINANCE NO. 17726
AUTHORIZING THE EXECUTION OF A CONTRACT WITH AUSTIN TRAFFIC
SIGNAL CONSTRUCTION COMPANY FOR THE TRAFFIC SIGNALIZATION CAPI-
TAL IMPROVEMENTS AND MODERNIZATION PROJECT; APPROPRIATING
$135,000 FOR THIS CONTRACT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting
"aye"; Dumphy "absent."
34. FIRST READING
AMENDING SECTION 17-36 CF THE CITY BY AMENDING THE HOTEL OCCU-
PANCY TAX FROM FOUR PERCENT TO SEVEN PERCENT (7%); PROVIDING FOR
AN EFFECTIVE DATE ON AND AFTER SEPTEMBER 1, 1983; PROVIDING A
SEVERANCE CLAUSE; PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Turner, Gulley, Hawkins, Kennedy and
Zarsky voting "aye"; Dumphy "absent."
Minutes
Regular Council Meeting
July 20, 1983
Page 13
35. FIRST READING
AMENDING ARTICLE III, WATER RATES, SECTION 55-51, CHARGES FOR
RECONNECTING AND REPLACING METERS, AS AMENDED, AND ARTICLE I'V,
GAS RATES, SECTION 55-62, CHARGES FOR RECONNECTING AND REPLACING
METERS, AS AMENDED, TO INCREASE THE SERVICE CHARGE FOR RECON-
NECTION OF SERVICE THAT HAS BEEN DISCONNECTED DUE TO A FAILURE
TO PAY A DELINQUENCY; REPEALING ALL ORDINANCE HEREWITH; PROVID-
ING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE UPON FINAL PAS-
SAGE AND PUBLICATION; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Turner, Gulley, Kennedy and Zarsky
voting "aye"; Hawkins "no"; Dumphy, absent.
36. FIRST READING
AMENDING CHAPTER 55, UTILITIES, ARTICLE IV, GAS RATES AND
CHARGES, SECTION 55-61, CLASSIFICATION OF CUSTOMERS AND SCHEDULES
OF RATES, AS SET FORTH IN ORDINANCE NO. 17155, AS AMENDED, SO AS
TO CHANGE THE SCHEDULE OF GAS RATES FOR ALL CUSTOMERS TO THE
CITY -OWNED GAS DISTRIBUTION SYSTEM BY PROVIDING A NEW SCHEDULE
OF RATES FOR ALL GAS CUSTOMERS; PROVIDING FOR SEVERANCE; PROVID-
ING AN EFFECTIVE DATE UFCN FINAL PASSAGE AND PUBLICATION THERE -
CF; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Turner, Gulley, Kennedy and Zarsky
voting "aye"; Hawkins "no"; Dumphy, absent.
37. FIRST READING
AMENDING SECTION 55-50 OF THE CITY CODE OF ORDINANCES, 1976 RE-
VISION AS AMENDED BY ORDINANCE 17166, PASSED AND APPROVED JULY 28,
1982, BY AMENDING CERTAIN SCHEDULES THEREIN 50 AS TO INCREASE
WATER RATES FOR CUSTOMERS USING TREATED OR UNTREATED WATER;
PROVIDING AN EFFECTIVE DATE FOR CYCLE ONE BILLINGS ON OR ABOUT
SEPTEMBER 1, 1983 FOR AUGUST WATER CONSUMPTION.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Turner, Gulley, Kennedy and Zarsky
voting "aye"; Hawkins "no"; Dumphy, absent.
38. FIRST READING
AMENDING SECTION 55-100 OF THE CODE OF ORDINANCES, 1976 REVISION,
SO AS TO PROVIDE CERTAIN INCREASES IN WASTEWATER RATES; PROVID-
ING FOR REPEAL GF ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN
EFFECTIVE DATE BEGINNING WITH CYCLE 1 ON OR AROUND AUGUST 1,
1983; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION,
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Turner, Gulley, Kennedy and Zarsky
voting "aye"; Hawkins "no"; Dumphy, absent.
Minutes
Regular Council Meeting
July 20, 1983
Page 14
39. FIRST READING
AMENDING SECTION 21-7, 21-18 THROUGH 21-21.1, AND 21-46 OF THE CODE
OF ORDINANCES, 50 AS TO INCREASE GARBAGE COLLECTION AND DISPOSAL
CHARGES APPROXIMATELY THREE PERCENT (3%) EFFECTIVE WITH THE FIRST
BILLING CYCLE IN THE MONTH OF AUGUST, 1983; PROVIDING FOR SEVER-
ANCE; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Turner, Gulley, Kennedy and Zarsky
voting "aye"; Hawkins "no"; Dumphy, absent.
City Manager Martin then referred to Ordinance No. 40 which is the sec-
ond reading authorizing a 60 -year lease agreement with Bayfront Associates for
the development of a new land mass. He briefly reviewed the events that
occurred at the time of the first reading of this ordinance and noted that the
Council had discussed a number of changes. He stated that as a result of
these changes, a revised copy of the lease agreement had been sent to the
Council the preceding Friday with a list of the ten items which had been mod-
ified and to which the developer had agreed. He then asked Assistant City
Manager Tom Utter to briefly review those modifications.
Mr. Utter explained the follovving changes that have been incorporated into
the lease agreement: 1) deletion of section 2.07 pertaining to the possible
conveyance of the land mass tracts; 2) section 3.01 on page 6 pertaining to the
lease term of 60 years which remains unchanged pending further discussion
between the staff and the developers; 3) the date of occupancy in section 5.06
was clarified to specify the date the first certificate of occupancy was issued
for any of the buildings on tract 1 and tract 3; 4) the limitations on use of the
buildings were described further to be limited to tourist, recreation and water
oriented activities with the addition of charter boat agencies and travel agencies
as allowable uses. Department stores were deleted and the provision for night
clubs was qualified to allow no more than one facility serving alcoholic bever-
ages which was not related to a restaurant operation. The use of office space
was limited to no more than 20% the first six years and 10% thereafter, but a
provision was added to specifically allow offices for tourist, recreation and
water oriented purposes; 5) the section pertaining to architectural motif in
8.08b on page 14 was expanded to include that landscaping, signage, street
furniture and other accoutrements be consistent with the bayfront plan; 6) the
procedures pertaining to review of the final plans and specifications were
changed to provide for final review by the Planning Commission and then final
approval by the City Council; 7) the leasing of boat slips covered in section
10.05 on page 18 was changed to make the City the leasing agent of all boat
slips in the marina. This item was specifically not agreed upon by the develop-
er; 8) the duties of repair and maintenance by the lessee in article 13 were
expanded to include all of the bulk heading on the land mass and all of the
street and public parking areas; 9) a limitation was added in section 16.02b
that the commercial building space be limited to 85,000 s.f.; 10) an additional
article was added as article 32 "Early Cancellation by City" to allow cancellation
at no cost by the City within 30 days from the execution of the agreement, in
order to allow the new Council to be seated prior to a point of no return on the
contract. This item has not been agreed to by the developer either.
Minutes
Regular Council Meeting
July 20, 1983
Page 15
Discussion followed among the Council Members in regard to the possibility
of a 30 or 40 year lease rather than the 60 year lease.
Council Member Hawkins inquired about the petition that Mrs. Mary Pat
Slavik had presented requesting a referendum to be placed on the ballot for the
land mass.
City Secretary Read explained that that petition was presented during an
open Council Meeting but it was not in the appropriate format of a petition to
force an election.
Mr. Hawkins continued by stating that he did not think this was a fair
contract because of the exclusive rights of the development and he did not
think that was best for the citizens. He also expressed the opinion that the
public should have the right to comment before the final lease is adopted be-
cause he had the feeling that this is more in favor of the developer than it is
the citizens of Corpus Christi.
Mayor Jones referred to the term included in the document hiring a finan-
cial consultant and Mr. Utter stated that the developer has a financial consul-
tant which is the firm of Laventhol & Horwath. He pointed out that the City
has used Laventhol & Horwath on other projects. Mayor Jones then inquired if
the staff would like to have the authority to employee a financial consultant and
Mr. Utter replied that if the Council would like an outside opinion, an outside
consultant could be employed.
Council Member Zarsky stated that he thought Mr. Hawkin's suggestion
that there should be a sliding scale lease term had some merit and he would like
to see ar economic advisor make sure that the City is getting the best deal
possible for the people. He sees no problem in approving the second reading
but delaying the third reading until a financial consultant could make an
analysis of the contract.
City Manager Martin stated that he did not think that the City needed an
outside consultant to analyze the agreement and he recommended approval of the
lease agreement.
Council Member Gulley agreed that this is a no risk deal for the City but
pointed out that the City is giving these developers the prime location in the
entire City and that in itself is worth a great deal. He stated he would still
like to have the staff discuss with the developers the +5 year provision, noting
that he did not object to the first five year period after completion, but he did
object to the additional five year exclusive. Mr. Gulley then made a motion to
renegotiate that clause of the lease agreement, seconded by Mayor Pro Tem
Turner.
Council Member Kennedy inquired if this implied that the Council was in
agreement with everything else, and Mr. Gulley stated that that is his motion
that everything else be accepted except that provision.
Council Member Hawkins stated that he felt that they should also have the
provision to renegotiate in a shorter period of time than the 40 years.
Minutes
Regular Council Meeting
July 20, 1983
Page 16
Council Member Zarsky indicated that he was opposed to the motion if it is
made with the understanding that there will be no further discussion on the
lease because he agreed with Mr. Hawkins that the City should analyze the
revenue of 1% of gross with the intention of setting up a formula for
renegotiation. He stated that he would also still like to have an expert inform
the Council if there is a formula that could be devised to protect the City if
this is an extremely profitable business.
Council Member Gulley reiterated that at this point, he would like to have
this adjustment but pointed out that next week something else could surface
that would require a change in the lease agreement.
Mayor Jones explained that the motion is to accept this contract with the
amendments that had been made and with the additional amendment pertaining to
the five year period. The motion passed as follows: Jones, Turner, Gulley
and Kennedy voting "aye"; Hawkins and Zarsky voting "no"; Dumphy "absent."
Mayor Pro Tem Turner stated that she has some concerns about the assur-
ance of design, maintenance, etc., and also has concern about the allocation of
a certain percentage for office space.
Mayor Jones then called for comments from the public.
Mr. Harold Alberts, 618 Dolphin, stated that he felt that the land mass
concept is a splendid idea and complimented the Council and the staff for their
efforts. Mr. Alberts pointed out, however, that he was of the opinion that the
over 30 page lease agreement is the most ambiguous, unfair contract that he
has ever read. He pointed out that the developers actually have no respon-
sibility for anything. He objected to Article 4.01 in regard to the time require-
ments, pointing out that the developer has 18 months to begin the project; he
then has 4 years to complete the project, then at this point the first five years
begins and they have an additional five years exclusive right, during which
time no other land mass is permitted and in effect the City Council is allowing
these developers to have exclusive use of the bayfront. He also expressed the
opinion that the percentage to be paid to the City is too low. He urged that
the ordinance not be read on second reading until more of the problems are
resolved.
Mr. Tom Matthews, 4429 Creensboro, stated that he felt that most of the
citizens are in favor of a land mass but that he has some concern about the
terms and covenants that are included in this lease agreement. He expressed
the opinion that he felt that it was incredible that the City has not discussed a
reasonable rate of return from the project and pointed out that no one knows
what will happen in the next 40 years. Mr. Matthews also questioned the
equity of the negotiations since they seem to all be in favor of the developer.
He pointed out that the City should determine fair market value and then the
City should share in the profits at some time in the future. He stated that he
is disappointed that the Council voted on the motion to approve this before
public comments were made.
Minutes
Regular Council Meeting
July 20, 1983
Page 17
Dr. Jack Best, 225 Bayshore, inquired if the Council had already voted on
the second reading of the ordinance, and Mayor Jones replied that they had
voted on Mr. Gulley's motion only.
Dr. Best continued by stating that he is definitely in favor of the land
mass but he felt that the lease agreement had some glaring errors. He noted
that the City plans to enter into a contract with Bayfront Associates, but it
should be for a reasonable period of time so that the City will be able to share
in the profits. He stated that hopefully the developer and the City would make
money from this project. He also stated that he had been to several public
hearings pertaining to this and none of the presentations indicated that boat
slips will be constructed by the developer on City land for their own profit.
He objected to giving the Peoples Street T -Head to the developer since it is
public property and belongs to the citizens. He also objected to the two five
year periods and agreed that there should be a 30 day delay until the new
Council is in office. He urged that the Council not approve this on second
reading until more of the questions had been answered.
Mr. Ron McCee also stated that he is in favor of the land mass but he has
many questions about the lease agreement. He inquired as to which ordinance
or which portion of the City Charter gives the City the legal right to give away
public property, referring to the use of the Peoples Street T -Head by the
private developer. He urged that all the problems be worked out and allow the
new Council to make the decision as to whether or not this should be approved.
Mr. Larry Tucker complimented the Council and the staff who have worked
on this for such a long period of time. He referred to the boat slips that
would he constructed on the north side of the Peoples Street T -Head for a
profit for the developers and noted that they would probably charge larger fees
than the City does. He then suggested that the City increase their rents to
the sarne as that charged by the developers which would generate additional
income to build more boat slips and other improvements. He also stated that he
felt that it would be difficult to find a consultant who would be willing to
analyze a report from a reputable firm such as Laventhol & Horwath who
prepared the feasibility study for this project. He emphasized the fact that the
true test of this project would be the lender of the money because he will not
loan the money if he does not expect to make a profit.
Mr. Sam Allen questioned the length of time of the lease because it is
possible that the project will be very profitable and he felt that it is very
shortsighted of the City to agree with the 1% of gross as their profit because
this amount may not be a fair figure in the future if the business is very
profitable. He also concurred with Mr. CuIley's concern: about the second five
year period in which they will have first option to construct another land mass.
Mr. John Stensland, 337 Primrose, member of the Marina Board, also
stated that he was in favor of the land mass. He too objected to the five year
moratorium and the five year option for them to meet the proposal of any other
development. He pointed out that it might be possible to retire the bonds
earlier than that and the City might like to construct a land mass or have
another developer corstruct one.
Minutes
Regular Council Meeting
July 20, 1983
Page 18
Mr. Stensland continued and referred to the plan for the developer to
construct 450 boat slips and questioned the lease term that indicated that a
"majority" of the boat slips will be leased to those on the marina waiting list.
He questioned why all of them would not be leased in that order. He urged
that the Marina Office have the right to control these boat slips since they will
be on public land. He pointed out that if the Marina Superintendent did not
control the beat slips it would be impossible to move the boats around in the
privately owned slips when necessary for him during storms and hurricanes.
Mr. John Welch, 410 Santa Monica, commended the Council and the staff
for all of their work, indicating his concurrence with the plans.
Mr. Max Luther stated that he has had a great deal of experience in
negotiating contracts and he questioned the fact that the City staff does not
have enough proper information to negotiate a fair contract. He questioned the
statement Trade by a staff member that the City is negotiating a 40 year agree-
ment based on information provided by the other party to the agreement.
Further discussion followed and Mr. Utter admitted that no one but the
City staff has closely examined the terms of the agreement. Mayor Pro Tem
Turner suggested that an escalation clause be included in the agreement, and
Mr. Utter stated that they can try to get the developer to agree to that.
Mayor Jones urged passage of the second reading with the changes ap-
proved today and pointed out that with the 30 day delay required, the new
Council will be able to change anything that they would like.
Council Member Zarsky stated that he is in favor of the project but he
still feels that an analysis should be made of the agreement by an expert just
to make sure that the City is not making a mistake on a lease of this length.
Mayor Pro Tern Turner again urged the staff to meet with the developers
in an attempt to work out an escalation clause to be included in the agreement.
City Manager Martin stated that it is not appropriate for the staff to
approach the developers and ask them about this because the staff needs to
know exactly what the entire Council wants.
Mayor Fro Tem Turner explained that the Council needs to know something
about the profit bit she definitely felt that there should be an escalation clause
that protects the profit margin.
A motion was made by Council Member Hawkins that the Council instruct
the staff to negotiate some kind of escalation clause to be included in this lease
agreement, seconded by Council Member Zarsky.
Council Member Gulley pointed out that a percentage of the gross is al-
ready an escalation clause because the more business generated, the more the
City will receive.
Minutes
Regular Council Meeting
July 20, 1983
Page 19
Mayor Jones called for the vote on the motion pertaining to the escalation
clause and it passed as follows: Jones, Turner, Hawkins, Kennedy and Zarsky
voting "aye"; Gulley voting "no"; Dumphy "absent".
A motion was made by Council Member Hawkins that the second reading of
the ordinance be tabled. The motion died for lack of a second. City Secretary
Read then polled the Council for their vote on the second reading of the ordi-
nance as amended and it passed as follows:
40. SECOND READING
AUTHORIZING A 40 -YEAR LEASE AGREEMENT WITH BAYFRONT ASSOCIATES,
LTD., FOR THE DEVELOPMENT OF A NEW LAND MASS NORTH OF THE PEO-
PLES STREET T -HEAD AND RELATED BOAT SLIPS.
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Jones, Turner, Gulley, Kennedy and Zarsky
voting "aye"; Hawkins "no"; Dumphy "absent."
There was no discussicn of the second reading of the burglar alarm ordi-
nance and it passed as follows:
41. THIRD READING - ORDINANCE NO. 17742
PROVIDING DEFINITIONS; PROVIDING FOR ISSUANCE OF A PERMIT TO ANY
PERSON WHO OPERATES OR CAUSES TO OPERATE CERTAIN ALARM SYSTEMS;
PROVIDING FOR SERVICE FEES FOR CITY RESPONSES TO EXCESSIVE FALSE
ALARMS; PROVIDING FOR REVOCATION OF PERMITS; APPEAL FROM SERVICE
FEE, DENIAL OR REVOCATION OF A PERMIT; PROVIDING STANDARDS FOR
ALARM PROTECTIVE SERVICES AND ALARM SYSTEM OPERATION; PROVIDING
AN EFFECTIVE DATE; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING A
PENALTY.
The foregoing ordinance was read for the third time and passed by the follow-
ing vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting "aye";
Dumphy "absent."
* * * * * * * * * *
Mayor Jones recessed the Regular Council Meeting at 7:20 p.m.
* * * * * * * * * *
Mayor Jones reconvened the Regular Council Meeting at 7:35 p.m. and
announced the public hearing on the following matter:
42. Changing the names of the streets listed below which are all located within
the Padre Isles Development. The existing names of these streets are
duplicates of other streets in the Padre Isles development and the Padre
Isles Property Owners' Association requested the street name changes to
eliminate the confusion that exists. All City Departments and the U. S.
Postmaster concur with the street name charges.
Minutes
Regular Council Meeting
July 20, 1983
Page 20
a) Mizzen Street (located between Aquarius and
be changed to Skysail Street;
b) Cutlass Street (located between Flint Lock
Drive) to be changed to Crossjack Street;
c) Doubloon Avenue (located between Gypsy and
be changed to Spanker Street.
Mr. Larry Wenger, Director of Planning, briefly explained the reason the
street name changes were necessary, noting that duplicate names existed in the
same area. He located the streets on a transparency.
Lighthouse Streets) to
Drive and Windjammer
Cuttysark Streets) to
Mayor Jones called for comments from the audience.
Ms. Melissa McHargue stated that she is a property owner whose property
sides on the existing Doubloon Avenue. She objected to the suggested name
change of Spanker and suggested either Quaile Run or Whaler Avenue.
Mr. Wenger explained that the names were submitted by the Padre Isles
Property Owners Association and stated that Spanker is a sail name. He stated
that his staff had checked all of the suggestions to determine if there were any
duplications anywhere in the City. He indicated that there is a possibility that
there might be duplications of some of the other street name suggestions which
were submitted by the association.
A motion was made by Mayor Pro Tem Turner that the name changes for
Mizzen and Cutlass Streets be approved and that the name change for Doubloon
Avenue be tabled until Ms. McHargue has an opportunity to contact the Proper-
ty Owners Association to see if they will concur with one of her suggested
names.
* * * * * * * * * *
43. Amendment to the Master Sanitary Sewer Plan for the southern area of the
City for the area bounded by Oso Creek, Holly Road and east of the
Saratoga Boulevard/Cabaniss Field Area. The recommended changes will:
a) delete the stage construction concept, thus making administration of
the plan less burdensome, b) realign service boundaries to follow property
lines, thus making development of properties easier, c) reduce the number
of lift stations to serve the area, thus eventually reducing operating
costs.
Assistant City Manager James K. Lontos explained that the present Sani-
tary Sewer Plan was amended in 1973 by McCaughan & Etheridge which eliminat-
ed the use of large concrete sewer lines and in lieu thereof it included a stage
development plan with a number of trunk lines, lift stations, and force mains
smaller than 36 inches. He explained that the intention of these amendments
was to make it easier for the properties in the south portion of the City to
develop. Mr. Lontos continued by stating that it had been discovered that
because of the stage construction, the Master Plan boundaries sometimes bisects
property ownership, thus requiring continuous amendment to the plan. He
Minutes
Regular Council Meeting
July 20, 1983
Page 21
explained that the proposed amendments will resolve a majority of the questions
which are normally raised during development and will eliminate the necessity to
bisect tracts of land, and because there will be fewer lift stations and operating
costs will be reduced. He noted that it will also streamline the development on
the south side of the City.
There were no comments from the members of the audience.
A motion was made by Council Member Kennedy that the hearing be closed,
seconded by Council Member Zarsky and passed unanimously.
Mr. Lontos informed the Council that an ordinance effecting the amend-
ments to the Master Plan will be on the agenda next week.
*
44. Closing approximately 350 linear feet of Hearn Road in the Five Points
Prez. This closure request is related to the proposed improvements in the
Five Points Area which are currently under contract by the State Depart-
ment of Highways and Public Transportation.
Mr. Jerry Smith, Chief Engineer, explained that the portion of Hearn Road
to be closed is a segment connected with the paving assessment hearing on the
street improvements in the Five Points area. He pointed out the small portion
of Hearn Road near the Five Points fire station which the staff proposes to
close sc that Hearn Road can be realigned.
Mr. Smith stated that at this time he would also explain the paving assess-
ments associated with the project previously mentioned as described below.
45. Assessment Hearing - Adopting the preliminary assessment roll for U.S. 77
Frontage Roads (from 2,000' south of F.M. 624 to 2,600' north of F.M.
624), F. M. 624 (400' westerly from Highway 77), Up River Road (Highway
77 to Hearn Road), and Hearn Road (Up River Road to Hearn Road
cul-de-sac) Roadway Reconstruction Project providing for assessments of
$117,971.73 for the 41 items on the roll.
Mr. Smith stated that the cul-de-sac will be constructed following the
closing of the portion of Hearn Road previously discussed. He informed the
Council that Heldenfels Brothers had submitted the low bid in the amount of
$6,888,456.37; the preliminary assessments will be $118,271.73 and the City's
share of the project will be $839,100.
Mr. Smith continued by stating that the State plans to install an overpass
with a full interchange and it is a joint project between the City and the State
Department of Highways and Public Transportation.
A motion was made by Mayor Pro Tern Turner that the public hearing
pertaining to the closing of 350 linear feet of Hearn Road in the Five Points
Area be closed, seconded by Council Member Kennedy and passed unanimously.
Minutes
Regular Council Meeting
July 20, 1983
Page 22
A motion was made by Mayor Pro Tem Turner to approve the closing of
this portion of Hearn Road, seconded by Council Member Kennedy and passed
unanimously.
Council Member Gulley asked if the City's justification for assessing the
property owners is because the City is building a new fire station at this
location, and Mr. Smith replied that this intersection was part of the 1982 Eond
Program.
Mayor Pro Tem Turner noted that several property owners on Five Points
Road object to the assessments and inquired if there is really a need for side-
walks at this location.
Mr. Smith stated that he felt that there was a need because there are no
sidewalks except on Calallen Drive and there are two schools in the area. Mr.
Smith also pointed out that the staff recommends replacing asphalt driveways
with concrete driveways.
Mrs. Turner then inquired if the property owners are in agreement with
the concrete driveways, and Mr. Marion Brown, Paving Coordinator, stated that
he had received three calls from commercial owners w•ho are in favor of the
concrete driveways and nose have expressed opposition.
Mr. George N. Paraskevas, real estate appraiser, stated that he had
examined each and every piece of property included on the assessment roll
which consists of 41 items and it was his professional opinion that the prop-
erties being assessed in the street improvement project will he enhanced at least
in the amount of the assessment.
Mayor Jones then invited members of the audience to speak.
Mr. John Welch referred to item 14 on the assessment roll and stated that
he represents the property owner Miss Kitty Wolfe Gentry. Mr. Welch ques-
tioned the City's charging assessments to people who live outside the city
limits. He pointed out that his client's tract is in a rural area.
Mr. Smith explained that the State statutes do allow for OCL assessments
if it is contiguous to property inside the city limits and Miss Gentry's property
does qualify.
Mr. Welch continued by stating that it is farm land and his client has no
plans to develop it.
Mr. Smith pointed out that the drainage improvements will make that
property available for development.
Mr. Welch pointed out that the drainage on this property goes south and it
is not right to say that these improvements will help his client.
Mr. Brown pointed out that there is no assessment charge on Mrs.
Gentry's property for sidewalks.
Minutes
Regular Council Meeting
July 20, 1983
Page 23
Mr. John Fritch, 43314 Five Points Road, expressed concern about the fact
that frontage road on Highway 77 is being diverted to within. 30 feet of his
property.
Mr. Smith explained that there will be some temporary traffic lanes into
the frontage road.
Mr. Fritch then expressed concern that the south bound lanes of Highway
77 will be very close to his front door and he feels that that poses a danger.
Mr. Smith assured him that this would be temporary during construction
only, but it could be for a year or longer.
Mr. Fritch then expressed concern about the drainage because they now
have a gully on Five Points Road which provides drainage and if standard
drainage is installed he is apprehensive that the new planned drainage would
not be as efficient as the existing drainage.
Mr. Smith explained that all of the properties drain to the street; this is
en expensive drainage box that is planned for this area; and it is his opinion
that the drainage will be more than adequate.
Mr. Fritch also expressed concern about the assessments levied for side-
walks, curbs and gutters and informed the Council that everyone he has talked
to feels that these assessments are unjust because as citizens they should have
the right to decline sidewalks and other improvements. He expressed the
opinion that general tax revenue should be used for these improvements.
Council Member Zarsky agreed with Mr. Fritch that voluntary requested
improvements should include assessments; however, involuntary improvements
should not have the same assessments since the property owners did not re-
quest the improvements.
Mr. Smith further explained that there is no distinction between the two
kinds of street improvements and most cities charge higher assessment rates.
Council Member Zarsky stated that in his opinion when street improvements
are for the benefit of the entire community, then the City should pay for it,
but if it is for the benefit of particular property owners, they should pay for
it.
Mr. Smith explained the method of payment of assessments by stating that
at the completion of the project they may be paid for in cash or monthly install-
ments for a five year period at an interest rate of 8% or, in cases of hardship,
that period may be extended to ten years.
Mayor Jones suggested that the various methods of payment be included in
the first assessment letter sent to the property owners, and Mr. Smith agreed
that this would be a good idea.
There were no further comments from members of the audience.
Minutes
Regular Council Meeting
July 20, 1983
Page 24
A motion was made by Council Member Kennedy that the hearing be closed,
seconded by Mayor Pro Tem Turner, and passed unanimously.
A motior was made by Council Member Gulley that the preliminary assess-
ment roll for U.S. Highway 77 Frontage Road be approved, seconded by Council
Member Hawkins and passed unanimously.
* * * * * * * * * *
46. RECESSED HEARING
Application No. 583-2, Mr. Ben Grande: for a change of zoning from
1'I-2" Light Industrial District to "B-4" General Business District on Lot
2-A, Block 2, Seikel Addition, located on the southeast corner of Agnes
and Eleanor Streets.
This application was heard on July 6, 1983 and recessed until a full Coun-
cil could be present. The 20% rule is in effect on this case and six affir-
mative votes of the Council are required to approve the change of zoning.
Fourteen notices of the public hearing have been mailed and one in favor
and three in opposition have been returned. The Planning Commission and
Planning Staff recommend denial.
Mr. Utter informed the Council that this application is a 20% rule case and
it was recessed for that reason until a full Council was present. He noted that
it will require six affirmative votes to approve the requested zoning.
Council Member Gulley suggestecl that since Council Member Dumphy was
absent that it be delayed further until the entire Council is present.
Mr. Larry Wenger briefly reviewed the previous public hearing. He
located the area on the zoring and land use map, described the land use in the
surrounding area, showed slides of the area and pointed out that there are
three structures on the rear portion, two of which are duplexes and one is a
single family dwelling, which is in violation of "1-2" zoning. He noted that
they are separate structures. Mr. Wenger continued by stating that the appli-
cant would still have a problem if "B-4" zoning is approved because of the
existence of the separate buildings. He explained that if the applicant connect-
ed the buildings in some way he could be allowed to retain the residential
structures because one unit is allowed in this type of zoning. He suggested
that if the Council desired, they could approve a special permit for the portion
of the lot that has the residential unit subject to their being connected.
A motion was made by Council Member Kennedy that the hearing be closed,
seconded by Mayor Pro Tern Turner and passed unanimously.
A motion was made by Council Member Kennedy that a special permit be
approved for the rear portion of the property, subject to an approved site
plan, seconded by Mayor Pro Tem Turner and passed unanimously.
* * * * * * * * * *
Minutes
Regular Council Meeting
July 20, 1983
Page 25
47. Application No. 683-1 , Mr. Guy Morrow dba Two Morrows Gallery: for a
change of zoning from "R -1B" One -family Dwelling District with "SP"
Special Permit to "B-1" Neighborhood Business District, on Lot 6, Block 8,
Koolside Addition, located on the west side of Airline Road, approximately
150' south of the intersection of Airline Road and Lum Street.
Assistant City Manager Utter informed the Council that in response to the
27 notices of the public hearing, 8 in favor and 2 in opposition had been re-
turned. He stated that both the Planning Commission and Planning Staff recom-
mend denial. Mr. Utter informed the Council that this property was one of the
sites on Airline Road that was cited for illegal free-standing signs and that sign
is still located there.
Mr. Wenger located the area on the zoning and land use map, described
the lard use in the surrounding area, showed slides of the area and informed
the Council that a special permit had been granted for a sign to be placed on
the building on the lot. Mr. Wenger stated that Mr. Morrow also has a special
permit for parking on the Feudo's grocery store parking lot which is adjacent
to his shop.
Council Member Gulley inquired about the date the special permit for the
sign on the building was approved, and Mr. Wenger replied that it was May 27,
1981.
Council Member Kennedy inquired as to when a citation was issued for the
illegal sign which is free-standing in front of his building, and Mr. Wenger
stated that he was cited about 3 months ago.
Mayor Jones called for comments from the applicant.
Mr. Ben Donnell, 1515 First City Bank Tower, representing Mr. and Mrs.
Morrow, stated that Mr. Morrow had requested "B-1" zoning. He stated that if
the Council examines the use on Airline Road, they would find that special
permits may have been appropriate a few years ago, but the character of the
street had charged a great deal in the last few years. He displayed pictures
of the shops which are located on Airline at this time. He stated that Mr.
Morrow has problems with the special permit recommended because of the diffi-
culty in obtaining financing and he would like to convert the front portion of
the property for other use. He pointed out that Mr. Morrow's property is
located between business zoned property and they feel that the "B-1" zoning is
more appropriate than a special permit because the neighborhood is ready for
"B-1" zoning; Mr. Morrow needs it; the neighbors do not oppose this zoning;
and his property already meets all of the requirements of "B-1" zoning includ-
ing offstreet parking.
Council Member Zarsky inquired about where Mr. Donnell would recommend
stopping the "B-1" zoning. He pointed out that residences are located across
the street and consideration should be given to those property owners as well.
Mr. Donnell stated that if he were being totally candid, he would have recom-
mended that the "B-1" zoning should have been stopped before it was ever
granted on Airline, but the fact is that "B-1" zoning already exists on this
portion of Airline Road.
Minutes
Regular Council Meeting
July 20, 1983
Page 26
Mr. Wenger pointed out that Mr. Feudo who owns the grocery store adja-
cent to this has expressed opposition to the change of zoning. He pointed out
that there is insufficient offstreet parking for "B-1" zoning on Mr. Morrow's
property. He again suggested that a special permit be approved. Mr. Wenger
elaborated on his remark in regard to the insufficient parking, pointing out
that if a restaurant or some other type of high volume business was constructed
on this lot, there would certainly be insufficient parking. He noted that if
"B-1" zoning is approved, all of the other business located on Airline would
request "B-1" zoning as well. He reminded the Council that the staff had
suggested "AB" zoning on this street to prevent so much traffic and there are
not any high volume traffic types of businesses located there. He pointed out
that if "B-1" zoning is approved, a number of fastfood types of restaurants
could be located there and the same difficult situation would exist on Airline as
on Everhart Road.
Council Member Kennedy inquired about the study being conducted by the
Planning Commission on different types of signage for "AB" property, and he
was informer that they are still working on this.
Council Member Kennedy then suggested recessing this zoning case until
the Council has received a report from the Planning Commission on the rec-
ommendation for signs in "AB" zoning. He also stated that he felt that Mr.
Morrow's sign should be removed since it is in violation, until a report has
been obtained from the Planning Commission.
Mr. Donnell urged that this case not be delayed for six months for a
report from the Planning Commission.
Mr. Linger Morrow, 523 Airline, pointed out to the Council that in this
area, there's already located a Church's Fried Chicken and there are 17 "B-1"
lots to the south of this property. She also noted that her son's lot is larger
than many other "B-1" zoned lots.
Mr. Guy Morrow addressed the Council and stated that the illegal sign was
installed in October 1982 and the only reason he did not remove the sign when
he received the citation was because he was informed that if he had paid $200
for a zoning application and it was pending, he would not have to remove the
sign. He also pointed out that he did not really want "AB" zoning because this
would not allow display windows and he already has a display window in his
shop.
No one else spoke in regard to this zoning application.
A motion was made by Council Member Kennedy that the hearing be closed,
seconded by Council Member Zarsky, and passed unanimously.
A motion was made by Council Member Zarsky that "B-1" zoning be ap-
proved for Application No. 683-1; seconded by Council Member Gulley.
Mr. Utter pointed out that action on this case could be delayed for as tong
as six months.
Minutes
Regular Council Meeting
July 20, 1983
Page 27
Council Member Kennedy inquired as to what would happen to the sign if
it is delayed that long, and Mr. Utter stated that he feels that the sign would
have to be removed.
Council Member Zarsky's motion to approve "B-1" zoning was not voted
upon.
A motion was made by Council Member Kennedy that Application No. 683-1
be tabled for six months or until the recommendation is received from the
Planning Commission on signage in "AB" zoned property; seconded by Council
Member Hawkins; and passed by the following vote: Jones, Turner, Hawkins,
Kennedy and Zarsky voting "aye"; Gulley voting "no"; Dumphy "absent".
Mr. Utter asked for direction from the Council, stating that it is his
understanding that the staff is to request that the sign be removed for this
interim period, and Mayor Jones stated that that is correct.
Mr. Connell asked to speak again and stated that since this is a pending
application and the sign has been installed in concrete, he urged that the
applicant he allowed to retain the sign until a decision has been. made.
A motion was made by Council Member Zarsky that the sign be allowed to
remain until the zoning application has been resolved.
Mr. Utter pointed out that this is a flagrant violation of zoning laws and
ordinarily the City does not allow such violations to continue. He pointed out
that the property owner knew that he was in violation when he installed the
sign and he has known that it was a violation for some time.
Council Member Zarsky's motion died for lack of a second.
* * * * * * * * * *
48. Application No. 683-5, Mr. Calvin Self: for a change of zoning from "A-1"
Apartment /louse District to "1-2" Light Industrial District on Lot 1, Block
1, Self Tract, located on the south side of Graham Road, approximately
1,425' east of Waldron Road.
Assistant City Manager Tom Utter stated that both the Planning Commission
and Planning Staff recommend denial, but that a special permit for a storage
building be approved in accordance with the site plan and the applicant agrees
with the special permit.
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
informed the Council that this property is included in the Flour Bluff Plan and
it was determined that the best use for his property is "A-1" except from those
existing uses.
No one indicated opposition to the issuance of a special permit according to
an approved site plan.
Minutes
Regular Council Meeting
July 20, 1983
Page 28
Mr. Calvin Self, 1214 Graham Road, explained that this property is not
suitable for "A-1" zoning because of the existence of Exxon's gas plant in the
immediate vicinity which operates 24 hours a day and the existence of helicop-
ters which fly over this property several times a day.
Mr. Wenger informed the Council that this property is not affected by the
A.ICUZ Study; this case was heard in December 1981; and the special permit
expired because there was no construction and because of the contemplation of
the master Flour Bluff Plan.
Mr. Max Luther, attorney representing Mr. Jesse Bond and other property
owners, stated that he has discussed this with the property owners who have
all indicated that they do not want this change of zoning. He noted that
although Exxon has owned property in the area for 35 years, the neighbors
have become accustomed to it, but they prefer that the remainder of the area
remain zoned for single family dwellings.
Mrs. Tony Smith, 337 Graham Road, stated that she owns property adja-
cent to Mr. Self's lot and they object to the change of zoning because her
residence is located on that property.
Mr. Jesse Bond, 4106 Tarpoon, also expressed opposition to the change in
zoning because they understand that Mr. Self plans the construction of ware-
houses and objectionable uses.
Mr. Utter informed the Council that the 20% rule is in effect and six
affirmative votes will be required to approve this change of zoning.
No one else spoke in regard to this zoning case.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Hawkins and passed unanimously.
A motion was made by Council Member Kennedy that the ordinance be
brought forward, seconded by Mayor Fro Tem Turner and passed unanimously.
The ordinance granting the zoning for Application 683-5 failed to pass by
the following vote: Gulley and Zarsky voting "aye"; Jones, Turner, Hawkins
and Kennedy voting "no"; Dumphy "absent".
* * * * * * * * * *
49. Application No. 683-8, Mr. Jack Ryan: for a change of zoning from "A-1"
Apartment House District and "B-3" Business District to "A-2" Apartment
House District on Lot 1R, Block 1, Newport Marina Estates, located on the
north side of 5. Padre Island Drive, approximately 1 ,000' west of Bullfinch
Street, being 17.33± acres.
Assistant City Manager Tom Utter informed the Council that both the
Planning Commission and Planning Staff recommended denial and in lieu thereof
a special permit be granted for 250 apartment units, in accordance with the
approved site plan.
Minutes
Regular Council Meeting
July 20, 1983
Page 29
Mayor Jones ascertained that no one in the audience wished to speak in
opposition to this zoning application.
A motion was made by Council Member Gulley that the hearing be closed,
seconded by Council Member Hawkins; and passed unanimously.
A motion was made by Council Member Gulley that the Council concur with
the recommendation of the Planning Commission and that Application No. 683-8
be denied but in lieu thereof a special permit be granted for 250 apartment
units, in accordance with the approved site plan. The motion was seconded by
Mayor Pro Tem Turner and passed unanimously.
City Secretary Read polled the Council for their vote on the ordinance and
it passed as follows:
ORDINANCE NO. 17727
AMENDING TI -!E ZONING ORDINANCE UPON APPLICATION OF JACK RYAN BY
GRANTING A SPECIAL COUNCIL PERMIT FOR 250 APARTMENT UNITS ON A
PORTION OF LOT 1R, BLOCK 1, NEWPORT MARINA ESTATES; AND DECLAR-
ING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting
"aye"; Dumphy absent.
* * * * * * * * * *
City Manager Martin informed the Council that the fire union voted against
the proposed contract; there may have to be fact finding which is a six or
eight week process. He stated that the essential elements in the contract are a
wage increase of 3% with an additional 2% in February of 19814. He reviewed
other items included in the contract which was recommended by the negotiating
tears.
Mr. Martin then stated that they have some questions in regard to the
land mass. He stated that with the exception of the two items which the Coun-
cil had instructed the staff to negotiate further, he would like to present to
them a corrected copy which was approved by second reading. Mr. Martin
continued by stating that if the Council would feel more comfortable by having
someone from the Urban Office to examine this agreement, he would suggest
that the staff attempt to find someone who could provide an opinion of the
agreement prior to the final negotiation of the lease.
The Council Members indicated their concurrence with this plan.
Mayor Pro Tem Turner then referred to a letter that she had received
from Mr. Lewis Lovelace in regard to conflict of interest.
Mr. Martin stated that in his opinion and that of the City Attorney, the
Council Members should abstain from voting only on portions of Bayfront Plans
that might directly affect those who own property in that area. Mayor Pro Tem
Minutes
Regular Council Meeting
July 20, 1983
Page 30
Turner indicated that she would like to have in the record the fact that she
and her husband own two units only at the Breakers Condominiums and Council
Member Kennedy stated that he owns two undeveloped lots on Corpus Christi
Beach and that is all. Dr. Kennedy continued by stating that he did vote on
the Bayfrcrt Plan, but he does not plan to vote on projects on the beach near
any of his property.
There being no further business to come before the Council, on motion by
Mayor Pro Tem Turner, seconded by Council Member Hawkins and passed
unanimously, the Regular Council Meeting was adjourned at 10:30 p.m., Ju-
ly 20, 1983.