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HomeMy WebLinkAboutMinutes City Council - 08/31/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 31, 1983 2:45 P.M. PRESENT Mayor Luther Jones Council Members David Berlenge, Sr. Leo Guerrero Herbert Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik Betty N. Turner Vid.; City Manager Edward Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in Room 225 of the Bayfront Plaza Convention Center and stated that the first item of business was the swearing in ceremonies of the newly elected Council. The Honorable Jack R. Blackmon, Judge, 117th District Court, administered the Oath to Mayor Luther Jones and then administered the Oath to the Council Members. After the new Council was seated, Mayor Jones invited them to make comments. Council Member Joe McComb, District 5, introduced his family and expressed appreciation to them and others who had helped him in his campaign. He invited his constituents to call on him any time he could help. Council Member Mary Pat Slavik, District 4, introduced her family and expressed appreciation for all of the support given her by her husband, her mother, and campaign workers. She stated that she would represent District 4 in the very best way possible. Council Member Frank Mendez, District 1, also expressed appreciation to all who helped him in his campaign. He introduced his family and stated that he looks forward to working with all segments of the community, including the citizens of District 1 and other people in the City. Council Member Betty Turner, Council Member At Large, expressed appreciation to her husband and the many people who had worked on her campaign. She stated that she is very excited about working with the new Council Members and assured them that she will work as a team member. MICROFILMED SEP 191984 Minutes Regular Council Meeting August 31, 1983 Page 2 A motion was made by Council Member Hawkins that the nomination cease and that Mrs. Turner be elected by acclamation, seconded by Council Member Mendez and passed unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Jones called for consideration of motions from the Consent Agenda on the following items: 1. Bids be received September 20, 1983 for an annual supply agreement for drill bits and flaring tools to be used by the Water Division. The estimated cost is $5,920. 2. Bids be received September 20, 1983 for a replacement automatic check signer to be used by the Finance Department. This item is included in the 1983-84 Budget. 3. Bids be received September 20, 1983 for approximately 89 chinese tallow, 89 cottonwood and 39 live oak trees for the Park Division. The trees will be used for the neighborhood park tree planting program. 4. Plans and specifications for Taxiway and Runway Improvements at Corpus Christi International Airport be approved and bids be received on September 21, 1983. The proposed work consists of construction of taxiway fillets (enlarged turning radius) at six locations on the airfield, a 500 foot long taxiway extension, a taxiway connector to the Van Dusen Ramp and major reconstruction and overlay and striping and grooving of Runway 13-31. An FAA grant has been received for a portion of the work and a request for additional grant funds will be submitted after bids are received. 5. Bids be received October 4, 1983 for twelve months supply agreement for uniforms for the Fire Department. Estimated annual expenditure is $8,600. 6. A twelve months supply agreement for flashlights, lanterns, batteries and bulbs to be stored at the Warehouse and used by various City activities be approved based on low bid to Hollis Neese Auto Parts, Corpus Christi, for $13,495.56. Ten bid invitations were issued and eight bids were received. Prices have decreased an average of 6% since the previous contract of September, 1982. 7. Twelve months supply agreements be approved for radio repair parts and accessories as follows: Supplier % Discount from Price List Est. Annual Expenditure General Electric 25% $60,000 Austin, Texas Motorola C & E, Inc. 15% Houston, Texas Prices are unchanged since the last bid a year ago. $15,000 Minutes Regular Council Meeting August 31, 1983 Page 3 Mayor Jones referred tc item 3 pertaining to the purchase of a number of trees for the Park Division and suggested that a ceremony be arranged for the neighborhood park tree planting program. Mayor Jones ascertained that no one in the audience wished to speak on these items. A motion was made by Mayor Pro Tern Turner that the foregoing motions 1 thru 7 be approved; seconded by Council Member Hawkins; and passed unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Jones called for consideration of consent ordinances and ordinances from previous meetings on items 8 and 9. Mayor Jones referred to ordinance 8 which is the first reading authorizing an annexation contract and asked Mr. Larry Wenger, Director of Planning, about the public hearing conducted in the area to be annexed. Mr. Wenger explained that no one attended the meeting which was conducted in the area to be annexed and informed the Council that effective August 29, 1983, it will no longer be necessary to conduct public hearings in the area to be annexed unless at least 20 people oppose the annexation. Council Member Berlanga referred to the name of the subdivision "Inverness" and inquired about its meaning in this instance. Assistant City Manager Tom Utter explained that it is just a name of a subdivision, and City Manager Martin stated that the developer decides on the name. There were no comments from members of the audience on ordinances 8 and 9; City Secretary Read polled the Council for their votes; and the following ordinances were passed: FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND TRISTAR DEVELOPMENT, INC. FOR THE ANNEXATION OF APPROXIMATELY 46.68 ACRES OF LAND OUT CF LOTS 20, 21, 22, 28 AND 29, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting "aye". Minutes Regular Council Meeting August 31, 1983 Page 4 SECOND READING: ADOPTING THE STANDARD MECHANICAL CODE, 1982 EDITION, WITH CERTAIN CHANGES THEREIN AND ADDITIONS THERETO, AS THE MECHANICAL CODE OF THE CITY OF CORPUS CHRISTI; AND PROVIDING FOR AN EFFECTIVE DATE OF NOVEMBER 1, 1983. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting "aye". * * * * * * * * * * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following item: 10. Assessment Hearing - 3:00 p.m. - Assessment for improvements to Quaile Drive from Villa Drive to Breckenridge Drive, Garfield Drive from Leopard Street to Westchester Drive, Reeves Drive from Garfield to Westchester, Van Cura Drive Drive from the South Frontage Road of I.H. 37 to Eloise Drive, Eloise Drive from Van Cura to Omaha Drive, and the east side of Lantana Street from north of I.H. 37 to Saint Theresa School. The roll provides for assessments of $152,377.68 on 117 items. City Manager Martin informed the Council that this is a voluntary paving assessment hearing; stated that in the Council notebooks had been included a description of this case and a discussion of the required process; noting that there is a technical and legal process required for the assessment hearings and that the City Attorney will conduct the formal portion of the hearing. He further stated that the public hearing is conducted for the purpose of making an official record before the governing body. City Attorney J. Bruce Aycock explained to the Council that the public hearing is required by State Law, Article 1105.b, and the purpose is to give the Council an opportunity to hear about the scope of the project by the Engineer. He stated that testimony will then be given by a real estate appraiser about the enhancement of the street improvements. Mr. Aycock called as his first witness Mr. Gerald Smith, P.E., City Engineer. Through questioning of the witness the City Attorney established Mr. Smith's qualifications to testify during this public hearing, noting that a copy of his qualifications are on file with the City. He then asked Mr. Smith to explain the project. Mr. Smith testified that this project is known as the Leopard/Baldwin Area Street Improvements and located the following streets on a transparency displayed on the screen: 1) Quaile Drive from Villa Drive to Breckenridge Drive, 2) Garfield Drive from Leopard Street to Westchester Drive, 3) Reeves Drive from Garfield to Westchester, 4) Van Cura Drive Drive from the South Frontage Road of LH. 37 to Eloise Drive, 5) Eloise Drive from Van Cura to Omaha Drive, and 6) Lantana Street sidewalks on the east side from north of I.H. 37 to Saint Theresa School. Minutes Regular Council Meeting August 31, 1983 Page 5 Mr. Smith informed the Council that the City's Engineering Department had prepared the plans and specifications for these streets and that they will be constructed 28' wide, which is the usual width of residential streets; a standard curb and gutter section will be constructed, 6" compacted subgrade, 8" flexible caliche base and 13" hotmix asphaltic pavement. He further explained that 4' or 5' wide reinforced sidewalks 4" thick will be constructed as well as 6" thick reinforced concrete driveways as shown on the plans or where requested by the property owners. He also noted that a 6" diameter replacement waterline will be constructed along Van Cura Drive and a 4' wide reinforced sidewalk will be constructed on the east side of Lantana Street. Mr. Smith also stated that storm sewers will be constructed on most of the streets. Mr. Smith testified that bids on this project were received by the City Council on July 13, 1983 and the low bid was that submitted by King Construction Company for a total contract price of $438,236.79. He stated that the preliminary assessments total $152,377.68, and the City's portion of the project is $285,859.11. He explained that the amount of each assessment has been sent to the property owners included in the project, together with a notification of this public hearing. Mr. Smith further stated that the assessments are not due until after completion of the project, at which time a notice will be sent to each property owner. He explained that the assessments may be paid in cash at that time or payments may be extended over a 5 year period, during which time monthly payments may be made at an interest rate of 8%, or in the case of hardship, those payments may be extended over a 10 year period. He further stated that this project was initiated by the property owners participating in the voluntary paving program and over 50% of the property owners signed a petition requesting the street improvements. Mr. Smith further explained that the contract will normally be awarded one week after the assessment hearing and the contractor has 100 working days to complete the project or approximately 5 months. Mayor Jones commented that the property owners will pay 34% of the cost and inquired about the source of the other funds, and Mr. Smith stated that they would be from the 1982 bond program. Council Member Mendez inquired about the rate for the payment of the sidewalk improvements on Lantana Street, and Mr. Smith explained that the ordinance setting the assessment rates stipulates that churches and schools will pay the residential rate and that is the maximum allowed for sidewalk assessments. Council Member McComb inquired if the bonds had been issued for this project, and Mr. Smith replied that two bond sales have been conducted and the funds are available at this time. Council Member Berlanga inquired about the length of time that the contractor is liable for the work, and Mr. Smith explained that under their performance bond, they are required to warranty the work for one year after the project is completed. Minutes Regular Council Meeting August 31, 1983 Page 6 Council Member Berlanga noted that a number of streets have raised places or bumps in them and inquired if there is any way they can be installed to keep the pavement level. Mr. Smith assured Mr. Berlar.ge that those can be corrected. Mayor Jones suggested that Council Member Berlanga provide the staff with specific locations in which these problems exist. City Attorney Aycock then called on the appraiser to testify. He questioned the appraiser, Mr. William J. Holly, as to his qualifications and verified that he does have on file with the City a copy of his qualifications. Mr. Holly then testified that he has examined each and every one of the 121 parcels listed on the assessment roll and in his opinion all of the properties will he enhanced in value at least in the amount of the assessments and that he had found no odd or irregular shaped lots on which he would recommend a reduction. City Attorney Aycock stated that the formal presentation had been completed. Mr. Smith explained that petitions from the property owners had been received on all streets with the exception of Eloise Street, but the staff recommended that it be included as a part of this project. He stated that the petitions had been received prior to November of 1981 in order to be included in the 1982 bond program. Council Member Kennedy commented that 34% of the cost seemed a little higher than usual, and Mr. Smith reminded him that the rates were increased in 1981. Mayor Jones called for comments from members of the audience on the assessments. Mr. Edgar Goode, 865 Van Cura, (item 100), referred to the petition that had originally been signed requesting the street improvements and stated that the petition he signed stated that the cost to the property owner would be $500 and would include paving his driveway all the way to the garage. He stated that he also represents Mrs. Kenneth B. Clawson, 901 Vary Cura, (item 99), and Mrs. Lucille K. Gotcher, 862 Van Cura, (item 80). Mr. Goode pointed out that a number of property owners on the street have died since the petition was signed. He stated his assessment was $1,027.39. He pointed out that most of the residents are elderly and they have lived there for many years without sidewalks and he objects to having the street improved at this time, Mayor Jones pointed out that more than one-half of the people on this street signed the petition requesting the street improvements. Mr. Smith obtained the petition referred to for Van Cura and pointed out to the Council that there is not a figure anywhere on the petition and the assessments will be levied according to the assessment ordinance. Minutes Regular Council Meeting August 31, 1983 Page 7 Council Member Hawkins referred to a similar situation that had occurred during a public hearing a few weeks ago and stated that he understood that the policy was being reviewed with the possibility that residents could change their minds about the petition that had been signed if they desired. He reminded the staff that he had suggested that the policy be reviewed. Mayor Pro Tem Turner concurred since this petition is three years old and expressed the opinion that it would be appropriate to have someone go back to the neighborhood to see if the property owners still want the street improved. Mr. Smith pointed out that all of the City's petitions are 3 or 4 years old because it takes approximately that length of time to have them on a bond issue. Council Member Slavik inquired about the date that the petition was signed, and Mr. Smith stated that it was signed in 1980. Mrs. Slavik also inquired about the percentage of increase since 1980. Mr. Smith explained that he did not think there was an increase in residential rates since 1980; the ordinance was passed to increase the commercial rates in 1981; but he understood that the percentage had been increased. Mrs. Slavik then expressed the opinion that the residents should be contacted to see if they still desire to have their street improved. Council Member Guerrero inquired about the time and expense in evaluating the petitions, and Mr. Smith expressed the opinion that the staff could accomplish this in about three weeks. He pointed out that it is rather unusual for this situation to occur at this stage since considerable expense has already been incurred through preparing the plans and specifications and receiving the bids. He estimated that $8,000 to $10,000 has already been spent on this project. Mayor Jones pointed out that the property owners themselves are only paying 1/3 of the cost of the street improvements and explained that the time factor involved is that a bond election is only conducted about every four years and delayed time is inevitable. He noted that this program has been very successful in improving the streets west of Kostoryz Road, and if the City retreats from this program, they will delay improvements on the west side of the City. Council Member McComb referred to the petition for the improvements on Van Cura Street and noted that the petition states that the payments can be made over a five year period at an interest rate of 6µ%. Mr. Smith explained that the current ordinance now specifies the percentage as 8%, and Mr. McComb indicated that possibly that would nullify this petition since the percentage of the loan for the assessments is greater at this time. Mr. Smith explained that the ordinance was amended in September of 1981 to increase the interest rate on assessments and at that time a grandfather clause was included but this project does not fall in that category. City Manager Martin pointed out that that document is a petition, not a contract since it is just a request to the Council. He further explained that Minutes Regular Council Meeting August 31, 1983 Page 8 the grandfather clause was included in the ordinance at the time the rates were changed and the interest was changed to exclude projects included in the 1977 bond program. He pointed out to the Council that there are a number of petitions that are two or three years old and if the Council desires there will be a need to reaffirm that the property owners still want the improvements or the Council will have to approve another grandfather clause to set the lower interest rate according to the date the petitions were signed. Mayor Jones inquired if the Council did this would it not be true that those on the bottom of the list would probably not have their streets improved since more funds would be expended on other projects, and City Manager Martin stated that that was absolutely correct. Mayor Jones then pointed out that the Council can do anything they desire but other street projects will not be completed if there is a need to change the payments of assessments. Council Member Hawkins stated that the City should go back to those who signed petitions at the lower interest rate to see if they still wanted the improvements. He stated that this would only be fair. A motion was made by Council Member Hawkins to direct the staff to contact the residents of Van Cura Street if they desire to have their street improved at this time and notify the signers of other petitions to see if they want their streets improved at the higher interest rate before any engineering work is accomplished. Council Member Mendez stated that he felt that all the petitoins should be reviewed before the City incurs too much expense for engineering, etc. City Manager Martin pointed out to the Council that this project is for several streets in the area and rather than conducting a survey on this one street, he felt that all of the property owners on all of the streets should be contacted. He agreed that prior to starting engineering work on future street improvement projects, that the staff approach the originators of the voluntary paving petitions to see if the people who submitted the petition would be willing to go out to reaffirm that the residents still want improvements. He stated that this would save the City a great deal of money. Council Member Hawkins agreed to amend his motion to effect all of those actions. The motion was seconded by Mayor Pro Tem Turner and passed unanimously. Also speaking in regard to the assessments was Mr. Marvin H. Wheeler and Southern Oil Sales Company who stated that they have property at the intersection of Leopard and Garfield and he does not agree to the sidewalks and curbs that are to be constructed at that business address. Mr. Smith identified Mr. Wheeler's property as item 15 and informed the Council that the assessment on that property was $7,087.68. Mr. Wheeler continued by stating that he objected to the sidewalks, he did not agree to the improvements and he did not sign the voluntary paving petition. Minutes Regular Council Meeting August 31, 1983 Page 9 Mr. Otto Hampton, 401 Dixon Street, stated that he had not agreed to the voluntary paving because his wife had signed the petition. He stated that he was opposed to the sidewalk construction because he does not have one on Dixon Street which is the street on which his property fronts and he objects to having to pay for a sidewalk at the side of his property. Mr. Smith explained that the sidewalk on the Quaile Drive portion of Mr. Hampton's property was $2145 and the sidewalk on Dixon Street was $80. Mr. Smith continued by stating that the staff thought that the petition was very clear in that it included a sidewalk. Mayor Pro Tem Turner inquired as to when the petition is returned for the second consent of the improvements, if they could make a choice as to whether or nct they wanted sidewalks. Mr. Smith explained that the City is attempting to upgrade the property to the standards in other portions of the City and they feel that the sidewalks belong adjacent to streets. Council Member Mendez inquired if property owners do not want sidewalks if they would still be qualified to participate in the voluntary paving program, and Mr. Smith replied that this would be a decision for the Council to make. He reiterated that the staff is of the opinion that sidewalks are necessary to upgrade a neighborhood. Mr. Mendez stated that in his opinion, since this is in an older area, possibly there is no need for the sidewalks. Mayor Jones pointed cut that if a subdivision was being developed on the south side, the developer would be required to construct sidewalks and he was of the opinion that sidewalks on the west side are needed to upgrade the entire neighborhood. He stated that since there are certain standards for new development and it includes curb, gutters and sidewalks, he felt that the same standards should be applied all over the City. Mr. George Deer, 3901 Quaile Drive, also objected to the installation of sidewalks, stating that he was of the opinion that they create problems with children riding bikes, etc., on the sidewalk. Mayor Jones inquired if bicycles are allowed to be ridden on sidewalks and City Attorney Aycock stated that there is no prohibition for riding bicycles on sidewalks. No one else spoke in regard to the assessments. A motion was made by Mayor Pro Tem Turner that the public hearing on the assessments be recessed until the staff has an opportunity to consider this further with those who signed voluntary paving petitions; seconded by Council Member Berlanga; and passed unanimously. After further discussion pertaining to the sidewalks, City Manager Martin stated that he felt that this issue is independent of this case as far as the Minutes Regular Council Meeting August 31, 1983 Page 10 sidewalks are concerned. He suggested that the Council needs to address this as a policy question - Will we do sidewalks only - or Will we do curb and gutters only. He pointed out that this is not the time to set that policy, but this should be done for future voluntary paving programs. He pointed out that as of this date, the voluntary paving petitions address all improvements, including sidewalks. Mayor Jones stated that he would never accept a standard on the west side that is less than that of the south side. Council Member McComb agreed that the Council needed to be aware of the criticism in the past that there is no consistency in what is being done throughout the City. He stated that he understood that criticism and he believed that the Council should be consistent in improvements, indicating his concurrence with Mayor Jones. He pointed out that in the future, someone might protest that the City was being unfair to those on the west side. Council Member Hawkins stated that he did not like to use the terminology westside/southside issue. He pointed out that if the policy is changed by the Council, it would not affect just the west side but would affect the entire City. Council Member Kennedy pointed out that although these particular homes are owned by elderly people, there may be a time when the homes are sold and younger families move into the area and they would definitely need sidewalks for their children. He too agreed that uniform standards should be established and maintained. Council Member Berlanga agreed, stating that if the City adopts various options, there would be problems and he would like to see sidewalks constructed along with curbs and gutters. Council Member Slavik stated that she is concerned about senior citizens and their ability to pay assessments. She suggested that the discussion on this subject include the possibilities of helping elderly citizens pay their assessments. Council Member Hawkins noted that the Council should remember that they're discussing voluntary assessments and he agreed that they should have the same standards, but if property owners cannot pay their assessments, they will be hesitant to sign a voluntary paving petition. Mayor Jones explained the policy approved by the Council a few months ago for Community Development Block Grant payments by which assessment payments were deferred until the property was sold. Mr. Smith pointed out that this policy was established a few months ago on which projects for which federal money is used through the CDBG funding. Council Member Fiawkins pointed out that that policy does not apply to a voluntary paving program, but only to projects funded by CDBG. Minutes Regular Council Meeting August 31 , 1983 Page 11 Council Member Kennedy reminded the Council that if hardship can be proven, the time for payment of assessments can be extended from five years to ten years. He also pointed out that in the history of the voluntary paving program, there have been no foreclosures on property because of an outstanding debt on assessments. Mr. Mendez noted that this does not really address the question of the ability of senior citizens to pay assessments associated with voluntary paving petitions. City Manager Martin informed the Council that the staff cannot force property owners to circulate the petitions again in a three week time period; therefore, this particular street improvement project could require more time than that. Mayor Jones requested a report on the number of projects that have been completed to improve the City through the volunteer paving program. * * * * * * * * * * * * * * * * * * * Mayor Jones announced public hearings on three zoning applications. City Manager Martin made a general statement to the Council in regard to zoning cases and referred to the procedure followed to change the zoning. He explained to the Council that there will be approximately three cases a week to be considered by the City Council. 11. Application No. 783-11 - Mr. C. T. Bach: for a change of zoning from "R-113" One -family Dwelling District and "1-2" Light Industrial District to "T -1E" Mobile Horne Park District on the north { of Lot 7, Section 8, Bohemian Colony Lands, located on the east side of Ayers Street, approximately 1 ,250' south of Holly Road. Assistant City Manager Tom Utter informed the Council that in response to the five notices of the public hearing mailed to property owners within 200' of the area to be considered, one in favor and none in opposition had been returned. He stated that both the Planning Commission and Planning staff recommend approval of this application. 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 plans, if the zoning is approved, are for a mobile home park. Mayor Jones ascertained that no one in the audience wished to speak in regard to this application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Hawkins, and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the change of zoning and the following was passed: Minutes Regular Council Meeting August 31, 1983 Pane 12 ORDINANCE 17810: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF C. T. BACH BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 7, SECTION 8, BOHEMIAN COLONY LANDS FROM "R -1B" ONE -FAMILY DWELLING DISTRICT AND "1-2" LIGHT INDUSTRIAL DISTRICT TO "T -1B" MOBILE HOME PARK DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting "aye". * * * * * * * * * * * * * * * * * * * * * 12. Application No. 783-12 - Superior Helicopters, Inc.: for a change of zoning from "F -R" Farm -Rural District to "I-3" Heavy Industrial District on Lots 1 and 2, McKinzie Acres, located 1.5± miles north of State Highway 44 on the east side of McKinzie Road. Mr. Utter informed the Council that six notices of the public hearing had been mailed and one in favor and one in opposition had been returned. He stated also that both the Planning Commission and Planning staff recommend approval. 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. Wenger further explained that this property vias prezoned "1-3" as a staff recommendation a few years ago in accordance with the Industrial District that was being formed in that area. He stated that at that time, one property owner employed a consultant to recommend zoning for future development for the entire area, but this particular piece of property is outside of that area because the City Council did not zone any of the property west of McKinzie Road to "1-3", and this particular request is in conformance with the zoning. Mayor Jones inquired if this has been coordinated with the Airport staff, and Mr. Wenger stated that it has. Mayor Jones determined that no one in the audience wished to speak in regard to this case. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. City Secretary Read polled the Council for their votes on the ordinance changing the zoning and the following was passed: ORDINANCE 17811: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SUPERIOR HELICOPTERS, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 1 AND 2, McKINZIE ACRES, FROM "F -R" FARM RURAL DISTRICT TO "I-3" HEAVY INDUSTRIAL DISTRICT; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting August 31 , 1983 Page 13 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting "aye". * * * * * * * * * * * * * * * * * * * * 13. Application No. 783-13E - Togaville Acres, Inc.: for an exception to the standard screening fence requirement on the west side of County Road 37, approximately 150' north of Saratoga Boulevard, being a portion of Lot 7, Womack Farm Lots, and a portion of Tract 7, W.J. Robertson's Farm Tracts. Assistant City Manager Utter explained that this zoning request is made in order to establish a mobile home subdivision in which the lots will be sold. He informed the Council that in response to the 14 notices of the public hearing that were mailed, none in favor and six in opposition were returned, with one additional letter from outside the area of notification also received in opposition. He stated that both the Planning Commission and Planning staff recommend approval of all of the request with the exception of the south side of the area, which is adjacent to single family dwellings. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the vicinity, and explained that the present zoning requires a standard screening fence to be constructed around the entire property. He stated that the adjacent property is vacant with the exception of that located south of this property. Council Member Mendez stated that he agreed with the Planning Commission recommendation. Council Member Slavik inquired about the size of the lots in the mobile home subdivision and Mr. Wenger stated that they would be 4,500 square feet. For comparison purposes, Mr. Wenger informed the Council that "R -1C" zoned property is 4,500 s.f. and the usual residential zoning of "R -1B" requires 6,000 s.f. Council Member McComb referred to the seven letters of opposition and inquired if they were opposed to the elimination of all of the fence or just along the portion of the property adjacent to the existing single family dwelling. Mr. Wenger stated that he felt that the opposition was registered if the fence is not constructed along the south side. Mayor Jones called for those who wished to speak in opposition. Mrs. Eunice Porterfield, 302j Saratoga, stated that for the safety and protection of the people in the area, she felt the fence is necessary. Mayor Jones pointed out to Mrs. Porterfield that if the Council concurs with the Planning Commission recommendation, the fence will be required to be constructed on the south side, but not on the east side. Minutes Regular Council Meeting August 31, 1983 Page 14 Mrs. Porterfield indicated that she has no objection to that solution. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. City Secretary Read polled the Council for their vote on this application and the following ordinance was passed: ORDINANCE 17812: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF TOGAVILLE ACRES, INC. FOR AN EXCEPTION OF THE STANDARD SCREENING FENCE REQUIREMENT ON THE NORTH AND EAST SIDES OF A PORTION OF LOT 7, WOMACK FARM LOTS AND A PORTION OF TRACT 7, W.J. ROBERTSON'S FARM TRACTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting "aye". * * * * * * * * * * * * * * * * * * * * * Mayor Jones then recognized Mrs. Rosalie Brown, the Mayor of Sinton, Texas. Mrs. Brown stated that she was just present to meet the new Council Members, and Maycr Jones expressed appreciation to Mrs. Brown for aii of her assistance to the City of Corpus Christi, particularly her help for the senior citizens. Mayor Jones then called for Council discussion of the Workshop meeting planned for the entire Council and particularly for the new Council Members and suggested the date of Saturday, September 17, 1983. Council Member Kennedy stated that he would like to know the type of Workshop it will be, whether it will be just a get acquainted type of meeting or if the Council plans to identify their goals for their term of office. He stated that the only dates he will be available are September 10 and 11 or September 29 and 30 Council Member Hawkins indicated that he preferred September 10 and 11, and Mayor Jones stated that all of it could be covered in a one day session. Council Member Slavik asked about compliance with the open meetings law for such a workshop meeting, and Mayor Jones assured her that it would be posted; and it will be completely open; and more than likely all of the news media will attend. City Manager Martin stated that if the Council planned to conduct a get acquainted session and set goals, there would not be any difficulty in the staff Minutes Regular Council Meeting August 31, 1983 Page 15 preparation other than making arrangements for the meeting and they could be ready by September 10. A motion was made by Council Member Kennedy that the Council conduct a one day workshop meeting on September 10; seconded by Council Member Mendez; and passed unanimously. Council Member Kennedy suggested that the Council take a few minutes to see what the new Council Members would like to have discussed at the meeting. Maycr Prc Teri: Turner suggested that the Council Members bring a list to the meeting next week of things they would like to discuss. City Manager Martin interjected that the staff really needs to know as soon as possible matters they would like to consider during the Workshop meeting so that support material can be prepared. Mrs. Slavik stated that she would like to know the status of the landmass contract and City Hall. City Manager Martin stated that the City Hall issue is scheduled for the Workshop meeting next Wednesday and as soon as possible in the future, the landmass ccrtract will be discussed. Council Member McComb inquired if September 30 is the date on which the Council must make a decision on the landmass lease and Mayor Jones stated that that was correct. He explained that the lease agreement can be cancelled up until September 30 and it will require a majority of the Council to amend that lease agreement. Council Member Mendez stated that he would like to have information on the land use plan. City Manager Martin stated that the Council could examine the City's zoning map and mentioned other master plans that are in effect. He explained that there is the Flour Bluff Zoning Plan and that in a few weeks the Council will consider the Cabaniss Zoning Plan. Council Member Guerrero stated that he would like to have an overview of department heads and their limitations and responsibilities. City Manager Martin stated that he can provide an organization chart of the City staff and informed the Council that there is an ordinance stating the responsibility of department heads. Council Member Hawkins stated that he would like to have a list of the different organizations for which the Council acts as the Board of Directors. City Manager Martin explained that some of those are on the agenda next week to make changes to enlarge the number of members, etc. Minutes Regular Council Meeting August 31, 1983 Page 16 Mayor Pro Tem Turner suggested that a brief description of the Bayfront Plan and the tax increment plan be provided the new Council Members. She stated that she would like to have a status report on the Airport improvements. City Manager Martin stated that the staff is not ready on that yet, but they will present as much as they de have. Council Member Berlanga stated that he would like to know more about the operation of the Transit system. City Manager Martin informed Mr. Berlanga that the City Council approved a Transit Advisory Board and there is a need to appoint about 25 members to that board which will be done as soon as possible. Mayor Jones noted that this type of committee is being utilized in several other cities. Mayor Jones stated that the first order of business next Wednesday should be seating of the members in the Council Chamber. He informed the Council that Mr. McComb has some ideas about this and this issue will be settled early during the Workshop Meeting. City Manager Martin stated that he would like to suggest that the Workshop on September 10 be held at Holiday Inn - Padre Island. A motion was made by Council Member Slavik that a Workshop meeting for the City Council be scheduled for September 10, 1983 at the Holiday Inn on Padre Island; seconded by Council Member Berlanga; and passed unanimously. Council Member Kennedy noted that the representatives of single member districts will probably have a number of concerns that they would like to discuss with the City Manager. He suggested that possibly they could contact the City Manager rather than spending a great deal of time during workshop meetings to discuss matters that could be resolved by the staff. Mayor Jones stated that this also will be discussed next Wednesday morning. Mayor Jones called for petitions or information from the audience on matters net scheduled on the agenda. Mr. Jack Gordy, 5802 Everhart, stated that he is concerned about CD BG funds. He stated that on June 8 he attended the public hearing at the time the allocation of these funds was considered and one of the Council Members had recommended that if the money for the parking garage was not spent, that it be reallocated. He noted that he was of the opinion that the report from HUD recommended that $900,000 be reallocated if a site for the parking garage had not been selected by July 30, 1983. He suggested that this be adhered to and that this money be allocated for the benefit of the low and moderate income citizens because the parking garage would not benefit the low income group. Minutes Regular Council Meeting August 31, 1983 Page 17 He then inquired as to who appoints the Board of Directors of Community Development Corporation. Council Member Hawkins stated that he agreed and requested a report on the $900,000 of CDBG funds previously allocated for the parking garage and that he also would like to have information about CDC. City Manager Martin explained that the $900,000 allocation is a project that is on his list for discussion. He then referred to CDC and explained that the members appoint themselves - the City Council does not make those appointments. Mrs. Betty Wittner addressed the Council in regard to the volunteer fire department in Flour Bluff. She referred to the election that was conducted in Flour Bluff in which it was alleged that the vote was 5 to 1 that the County be allowed to tax the citizens of Flour Bluff to maintain this second fire station. She questioned the validity of the election, noting that it was not a legal election and was not conducted fairly. She also objected to the fact that the proponents of the election and the volunteer fire department have indicated that the decision has already been made that the citizens of Flour Bluff do not object to being taxed for this additional fire station. She stated that she felt that the City fire department was perfectly adequate and there was no need to continue the volunteer fire department, particularly if the residents of Flour Bluff are going to be taxed for this purpose. Mayor Jones expressed appreciation to Mrs. Wittner and agreed that such a tax was not fair and possibly not necessary. Council Member Kennedy pointed cut, however, that the Council has no power over this. Further discussion followed, and City Manager Martin stated that the staff has been notified that the County is planning to tax the residents for operation of the volunteer fire station; therefore, the City plans to dispense with their funds on January 1, 1984. He pointed out that there are two City fire stations in that jurisdiction, but he agreed with Mrs. Wittner that the County plans and levy a tax. * * * * * * * * * * * * * * * * * * * * Mayor Jones called for current concerns by members of the Council. Council Member Hawkins referred to street signs that do not have block numbers on theca. He stated that he preferred this and he would like for this to be reconsidered. Council Member Slavik suggested that the Council discuss the method of electing a Mayor Pro Tem. She expressed the opinion that the traditional method of electing the person who receives the largest number of votes would prohibit the possibility of a representative from a single member district being elected Mayor Fro Tern. Minutes Regular Council Meeting August 31, 1983 Page 18 Mayor Jones agreed that it would be well to discuss this since the City Charter does not state how it must be done, but only that the members of the City Council elect the Mayor Pro Tem. Council Member Mendez agreed that there needs to be a way to prevent division among the community on this subject. A motion was made by Council Member Slavik that the Council discuss the method of electing a Mayor Pro Tem in about 8 weeks, seconded by Council Member Hawkins and passed unanimously. City Manager Martin pointed out that to establish a permanent method would require an amendment to the City Charter. There being no further business to come before the Council, on motion by Council Member Hawkins, seconded by Mayor Pro Tern Turner and passed unanimously, the Regular Council Meeting was adjourned at 6:20 p.m., August 31, 1983.