HomeMy WebLinkAboutMinutes City Council - 09/07/1983I, LUTHER JONES, Mayor of the City
of Corpus Christi, Texas
certify that the foregoing minutes, same
being for the period of
September 7, 1983
thru
September 28, 1983,
inclusive and having been previously approved by Council action,
are by me hereby approved as itemized.
September 07, 1983 - Regular Council Meeting
September 14, 1983 - Regular Council Meeting
September 21, 1983 - Regular Council Meeting
September 28, 1983 - Regular Council Meeting
Luther i. es
MAYOR
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
SEPTEMBER 7, 1983
2:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Betty N. Turner
Council Members:
David Berlanga, Sr.
Leo Guerrero
* Herbert Hawkins, Jr.
Dr. Charles W. Kennedy, Jr.
Joe McComb
Frank Mendez
Mary Pat Slavik
City Manager Edward A. Martin
Ass't. City Attorney John Bell
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 Joe McComb, following which
the Pledge of Allegiance to the Flag of the United States was led by Council
Member Frank Mendez.
City Secretary Bill G. Read called the roll of required Charter Officers
and verified that the necessary quorum was present to conduct a legally
constituted meeting and that notice of the meeting had been properly posted.
A motion was made by Council Member Kennedy that the Minutes of the
Special Council Meeting of August 15, 1983 and Regular Council Meetings of
August 17, August 24 and August 31, 1983 be approved as presented; seconded
by Council Member Slavik; and passed unanimously.
Mayor Jones then administered the oath to Mr. Harry H. Miller, a new
appointee to the Citizens Advisory Health Board.
* Council Member Herbert Hawkins arrived at the meeting at 2:10 p.m.
SPI 91984
I4LCRIOFIIMED
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,egular Council Meeting
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Page 2
Mayor Jones referred to the boat trip to which the Council had been
invited for September 26 and explained that the invitation was limited to elected
Members of the Council since other dignitaries had also been invited and space
is limited. He ascertained that the following would probably attend: Council
Members Berlanga, Kennedy, Mendez, McComb and Slavik.
* * * * * * * * * * * * * * * *
Mayor Jones called for Board and Committee appointments and reviewed
those discussed during the morning Workshop Meeting for Coastal Bend Council
of Governments and Nueces County Community Action Agency.
A motion was made by Council Member Guerrero that the following
appointments be confirmed, seconded by Council Member Kennedy and passed
unanimously.
COASTAL BEND COUNCIL OF GOVERNMENTS:
Luther Jones
David Berlanga, Sr.
Leo Guerrero
Herbert Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Betty N. Turner
ALTERNATES:
Mary Pat Slavik
Edward A. Martin
Ernest Briones
Tom Utter
Bill Hennings
Larry Wenger
Sandra Gonzales
Jim Peters
Tom Basile
Leah Olivarri
Alicia Perez
NUECES COUNTY COMMUNITY ACTION AGENCY: (Term to November,
1983)
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
* * * * * * * * * * * * * * * *
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Page 3
Mayor Jones called for Action of the Council from the Workshop Session on
the following items:
1. The results of the advisory referendum on the location of City Hall
be accepted.
2. The staff report on possible City Hall locations include Site D
bounded by Sam Rankin, Lipan, Staples and Leopard, Site B
bounded by Staples, Leopard, Artisian and I.H. 37 and Site E
bounded by Staples, Blucher, Carrizo and Comanche.
3. A request for proposals be published for an architectural firm for
the new City Hall.
A motion was made by Council Member Berlarnge that the foregoing items be
confirmed, seconded by Council Member McComb and passed unanimously.
* * * * * * -k * k * * * * * * * *
Mayor Jones called for motions to be considered from the Consent Agenda
on the following items:
1. Bids be received September 27, 1983 for a twelve months supply agreement
for an estimated 4,000 tons of backfill and bedding sand. Estimated
annual expenditure is $20,000. The sand is primarily used as bedding
material in the laying of gas, water and sewer pipes.
2. Plans and specifications be approved and bids be received on October 5,
1983 for the Five Points Area Fire Station. This is a 1982 bond project
with this northwest fire station being located at the intersection of Hearn
Road and Up River Road in the immediate Five Points Area.
3. One slopemower for the Park Division be purchased from Waukesha Pearse
Industries, Corpus Christi, based on best bid meeting specifications for
$31,000. The low bid from Lansdowne Moody, Inc., Houston, is not
recommended because of uncertain delivery 10-120 days, and the warranty
does not cover the cost of labor and shipping of parts which offsets the
$1 ,373.00 difference in price. Twelve bid invitations were issued and
three bids were received. Prices have increased 8% since last purchase in
February, 1983. The mower is included in the 1983-84 Budget.
4. Twelve months supply agreement for an estimated 440,000 gallons emulsion
asphalt for the Street Division be approved to Texas Emulsions, Inc.,
Corpus Christi, Texas, on the basis of low bid of $228,800. Prices have
decreased 25% since last contract because Riffe Petroleum with a emulsion
plant in Pleasanton, Texas has entered the Corpus Christi market area and
has created strong price competition against Texas Emulsion, the only local
supplier, which along with the slow down in the oil industry has reduced
the price to the City. Six bid invitations were issued and two bids were
received.
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5. A word processing system for the Planning Department be purchased for
$17,637 from the IBM Corporation. This purchase is based on the low bid
received for like equipment for the Business Development Commission
approved on July 27, 1983. Funds are available in the 1983-84 budget.
6. A contract for $12,600 be awarded to Mehne Construction, Inc. for
renovation of the public restrooms in the Terminal Building at Corpus
Christi International Airport. Improvements include new partitions,
facilities for the handicapped, minor plumbing modifications and new floor
tile. Funds for this renovation work have been encumbered from the
1982-83 Airport Operating Budget.
7. Appointing Frank Mendez, David Berlanga, Sr., Leo Guerrero, Mary Pat
Slavik and Joe McComb to fill three positions on the Board of Directors of
the Reinvestment Zone Number One, City of Corpus Christi, Texas, vacant
due to automatic resignation and two positions on the Board to be created
by amendment of the bylaws.
8. Appointing Frank Mendez, David Berlanga, Sr., Leo Guerrero, Mary Pat
Slavik and Joe McComb to fill three positions on the Board of Directors of
the Corpus Christi Industrial Development Corporation vacant due to
automatic resignation and two positions on the Board to be created by
amendment of the bylaws.
9. Appointing Frank Mendez, David Berlanga, Sr., Leo Guerrero, Mary Pat
Slavik and Joe McComb to fill three positions on the Board of Directors of
the Corpus Christi Health Facilities Development Corporation vacant due to
automatic resignation and two positions on the Board to be created by
amendment of the bylaws, and approving the form of an amendment to
Section 2.01 of the bylaws of the Corporation to increase the Board from
seven to nine members.
10. Appointing Frank Mendez, David Berlanga, Sr., Leo Guerrero, Mary Pat
Slavik and Joe McComb to fill three positions on the Board of Directors of
the Corpus Christi Housing Finance Corporation vacant due to automatic
resignation and two positions on the Board to be created by amendment of
the bylaws and reappointing Betty Turner to the vacant position on the
Board due to her resignation in 1982.
11. The Jobs Training Partnership Act Executive Committee be increased from
9 to 11 members and the City representation from 7 to 9 members to
include all members of the City Council.
12. Section 3 of the Jobs Training Partnership Act Contract between Nueces
County and the City be amended as follows:
Frorn : "A quorum of the Committee shall be five members."
To "A quorum of the Committee shall be six members."
And that such amendment be recommended to the Nueces County
Commissioners' Court for adoption.
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13. Authorizing the City Manager or his designee to execute an agreement with
the Texas Office of the Governor for the continued designation of the City
of Corpus Christi as the Metropolitan Planning Organization. The
agreement will continue the Corpus Christi area's eligibility to receive
federal funds for urban transportation planning.
14. A public hearing be held September 21, 1983 to change the name of
Coverdale Street to Widgeon. This street is an extension of Widgeon Drive
and extends northwest of Haven to its deadend. The majority of the
residents have requested this street name change in order to eliminate the
confusion that exists. All City departments concur with this request.
*15. Approving settlement of Marks Tract Park dedication claim and authorizing
the City Manager or his designated representative to execute all necessary
documents.
There were no comments from the Council or members of the audience on
the foregoing items.
A motion was made by Mayor Pro Tem Turner that the Consent Motions, 1
through 14 be approved; seconded by Council Member Guerrero; and passed
unanimously.
* * * * * * * * * * * * * * * * *
Mayor Jones then called for Consideration of Consent Ordinances and
Grdinances from Previous Meetings on items 16 through 26.
Mayor Jones ascertained that no one in the audience wished to speak on
these items; City Secretary Read polled the Council for their vote; and the
following ordinances were passed:
16. ORDINANCE NO. 17813:
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT
OF THE FOLLOWING STREETS BY THE CONSTRUCTION OF SIDEWALKS
AS FOLLOWS:
School Sidewalk Program, Phase I:
Project Site 1
Alexander Street, on the south side, from the northwest boundary of
Edgewood Park to Fannin Elementary School near Devon Drive.
* (This item was withdrawn by the City Manager)
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Project Site II
Through the Crockett Heights Subdivision along the north side of the City
drainage and utility easement, from near Greenwood Drive to Burnet
Street.
Project Site I11
Rose and Pierpont Street, along the west side, from Leopard Street to Roy
Miller High School
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS;
REQUIRING THE CITY ENGINEER TO PREPARE AND FILE PLANS AND
SPECIFICATIONS: REQUIRING THE CITY SECRETARY TO FILE A NOTICE
IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS,
AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS
SHALL BE PAID; 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".
17. ORDINANCE NO. 17814:
APPROVING AND ADOPTING THE WRITTEN STATEMENT OF THE CITY
ENGINEER, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE
IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS:
School Sidewalk Program, Phase I
Project Site I
Alexander Street, on the south side, from the northwest boundary of
Edgewood Park to Fannin Elementary School near Devon Drive.
Project Site II
Through the Crockett Heights Subdivision along the north side of the City
drainage and utility easement, from near Greenwood Drive to Burnet
Street.
Project Site 111
Rose and Pierpont Streets, along the west side, from Leopard Street to
Roy Miller High School.
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DETERMINING AND FIXING THE PORTION OF SAID COST TO BE PAID
AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF
TC BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE
NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING
PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD ON
OCTOBER 12, 1983, AT 3:00 P.M., IN THE CITY COUNCIL CHAMBERS,
AT CITY HALL, 302 S. SHORELINE, IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, TO GIVE NOTICE OF SAID HEARING AS
REQUIRED BY THE LAWS GF THE STATE OF TEXAS AND THE CHARTER
OF THE CITY OF CCRPUS CHRISTI; 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".
18. ORDINANCE NO. 17816:
A.UTHCRIZING THE EXECUTION OF A CONTRACT WITH DELTA
UTILITIES, INC., FOR THE CONSTRUCTION OF WATER SYSTEM
IMPROVEMENTS - HOLLY ROAD RESERVOIR; APPROPRIATING $185,000
FOR THIS CONTRACT; 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".
19. ORDINANCE NO. 17817:
AUTHC•RIZING THE PURCHASE OF TRAFFIC SIGNALIZATION EQUIPMENT
FOR MCDERNIZATION IMPROVEMENTS AT FORTY-EIGHT (48)
INTERSECTIONS IN THE CENTRAL BUSINESS DISTRICT TRAFFIC SIGNAL
SYSTEM; APPROPRIATING $198,760.32 OUT OF THE NO. 162
FEDERAL/STATES GRANT, DEPARTMENT 152, ACTIVITY 807.07, CODE
502, THEREFOR; 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".
20. ORDINANCE NO. 17818:
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR
THE ACQUISITION OF PARCEL 45 IN CONNECTION WITH THE NAVY
CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $20,542;
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".
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21. ORDINANCE NO. 17819:
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR
THE ACQUISITION OF PARCEL 35 IN CONNECTION WITH THE PURDUE
ROAD STREET IMPROVEMENTS; APPROPRIATING $2,575; 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".
22. ORDINANCE NO. 17820:
CLOSING AND ABANDONING THE 10 FOOT WIDE BY APPROXIMATELY 260
FOOT LONG UTILITY EASEMENT WITHIN AND ALONG THE WESTERN LOT
LINE OF LOT 10C, BLOCK 6, GARDENDALE SUBDIVISION: SUBJECT TO
PROVISIONS LISTED BELOW; 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".
23. FIRST READING:
AUTHORIZING THE EXECUTION OF LEASE AGREEMENT WITH THE PADRE
LITTLE LEAGUE FOR A TWO YEAR EXTENSION OF THE CURRENT LEASE
FOR A TRACT OR A PARCEL OUT OF THE HOLLY ROAD RESERVOIR FOR
A RECREATIONAL AREA.
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".
24. FIRST READING:
AUTHORIZING THE EXECUTION OF A FIVE-YEAR LEASE AGREEMENT
WITH THE NUECES COUNTY COMMUNITY ACTION AGENCY FOR THE USE
AND OCCUPANCY OF CERTAIN PORTIONS OF THE ZAVALA SENIOR
CITIZENS CENTER COMMENCING SEPTEMBER 1, 1983.
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".
25. SECOND 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 OF LOTS 20, 21, 22, 28, AND 29, SECTION 5,
FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES
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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, Berlanga, Guerrero,
Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye".
26. THIRD READING - ORDINANCE NO. 17821:
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
FCR AN EFFECTIVE DATE OF NOVEMBER 1, 1983.
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy,
McComb, Mendez and Slavik voting, "Aye".
Mayor Jones called for Consideration of Motions from the Regular Agenda
on the following items:
*27. Authorizing the payment of $14,120 to Kinney Street Associates for legal
services including researching the procedures to be followed by Nueces
County in leasing or selling land to the City for construction of a new
City Hall and preparing the documents to be issued by the County to
implement the City's proposal. This amount represents 80% of the amount
billed for these services to Kinney Street Associates by Gary, Thomasson,
Hall and Marks and would be paid from the revenue sharing budget item
for the City Hall project.
A motion was made by Council Member Kennedy that the foregoing item be
approved, seconded by Mayor Pro Tem Turner.
Mayor Jones called for comments from the audience on this item.
Mr. J. E. O'Brien, 4130 Pompano, speaking on behalf of the Corpus
Christi Taxpayers Association, expressed opposition to the payment of this
charge for legal fees due to the fact that in his opinion, the payment
previously made listed the schedule of expenses in various categories and in his
opinion, the agreement between Kinney Street Associates and the City was
terminated on March 13, 1983. He expressed the opinion that the City has been
more than fair with Durden & Fulton Contractors; his organization has
This item was amended -- see page 10.
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attempted to obtain an itemized statement of legal fees; and this has not been
provided. He stated that he did not feel that the City should be required to,
nor does it have any moral responsibility to pay this additional fee. Mr.
O'Brien particularly objected to the high cost of the legal fees, noting that the
$100 per hour is excessive.
Council Member Hawkins also expressed the opinion that the legal fees are
rather expensive. He reminded the Council that he had previously suggested
that a standard fee be established for out-of-court attorney fees and he is of
the opinion that $100 per hour is excessive. He noted that on the list of
expenses, one of the items is 9 hours for proofreading ancl editing the lease
and a phone call. He expressed the opinion that this is a premium fee for
proofreading and again suggested that a policy be established for legal fees for
outside attorneys. He noted that the entire cost was $16,800, according to the
schedule, at $100 per hour and he objected to the charges for phone calls.
Mr. Hawkins stated that he agreed with Council Member IvicComb's suggestion
that the City pay only 50% of the entire bill that had been presented.
A motion was made by Council Member Hawkins that 50% of the bill be paid
rather than 80% of the bill because of the excessive cost of legal fees.
Mayor Jones computed this cost and noted that it would be $8,825.
The motion was seconded by Council Member Slavik.
Council Member Guerrero inquired about the usual legal fee for
out-of-court work, and Mayor Jones replied that this varies with the attorney
who is involved and there is really no standard fee.
City Manager Martin informed the Council that local attorneys charge
between. $45 to $125 per hour.
Mayor Jones called for the vote on the motion to amend the fee and it
passed as follows: Jones, Turner, Berlanga, Hawkins, McComb, Mendez and
Slavik voting, "Aye"; Guerrero and Kennedy voting, "No".
Mayor Jones then called for the motion to approve item 27 as amended and
it passed as follows: Jones, Turner, Berlanga, Hawkins, Kennedy, McComb,
Mendez and Slavik voting, "Aye"; Guerrero voting, "No".
28. Ratifying the intervention of the City in Public Utility Commission Docket
No. 5321, the application of Central Power and Light Company, for an
interim fuel factor and authorizing the engagement of Mr. Greg Tarasar of
Touche Fess & Co. to review the application.
City Manager Martin explained that under the laws of the State of Texas,
the City of Corpus Christi has certain rate setting authorities for Central Power
& Light Company in that the City has original jurisdiction; however, the
company may appeal the decision on a rural rate case and often the decision is
made before the City even intervenes.
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He referred to other cases under consideration by PUC. He stated that the
City has already made the filing and it is recommended that Touche-Ross be
employed to review the application, noting that the money will be reimbursed to
the City.
City Manager Martin continued by explaining that the City has requested
that CP&L make application for dual certification in the Wood River area. He
explained to the Council that a letter was received from CP&L which stated that
they could not take this course and suggested that either the City or a
resident of Wood River make the request to PUC. He explained that it is now
understood that PUC may review this matter anyway but it would be appropriate
for the residents of Wood River to request the dual certification from PUC.
Council Member Kennedy asked for comments from the City Manager on the
purchase of gas and inquired if it is a realistic possibility that the City may be
able to purchase gas from the State at a lesser cost.
City Manager Martin explained that the issue they are trying to resolve is
whether they can purchase State gas or renegotiate with Valero to purchase gas
at the same cost as that price from the State. He expressed the opinion that
eventually, the City will be able to obtain less expensive gas and they will have
an answer to this question within a few weeks. He stated that it might
represent a 5% reduction in the purchase of gas. He also informed the Council
that the City's contract with Valero expires in a few years and the Council may
want to reconsider the source of gas.
A motion was made by Mayor Pro Tens Turner that the foregoing item be
approved, seconded by Council Member Mendez and passed unanimously.
29. The appeal of Mr. Bill Winston, Executive Vice President and Treasurer of
Ajax Supply Company, of the Planning Commission's requirement for Etring
Avenue being extended to Holly, and compliance with the Water
Distribution System Standards on his final plat of South Aires Subdivision
Unit 2, Block 1, Lots 1 and 2 be denied.
City Manager Martin explained that item 29 will be tabled for one week due
to a death in the family of the applicant.
* * * * * * * * * * * * * * *
Mayor Jones called for Action by Ordinance from the Regular Agenda.
He invited members of the audience to speak on ordinance 30 which is the
first reading of an ordinance under which a reciprocal electrician license may be
issued and changing other requirements for electrical contractors, etc.
Mr. Kenneth Helbing, Business Manager of IBEW, explained that his
organization has been working with the City Electrical Advisory Board on this
and all of the electricians have approved it.
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Mayor Jones commented that Mr. Helbing and his organization are
responsible for the free electrical wiring required for Eayfest each year.
City Secretary Read polled the Council for their vote on the ordinance and
the following was passed:
30. FIRST READING:
AMENDING CHAPTER 13 OF THE CITY OF CORPUS CHRISTI CODE OF
ORDINANCES TO DESCRIBE THE CONDITIONS UNDER WHICH A
RECIPROCAL ELECTRICIAN LICENSE MAY BE ISSUED, TO REQUIRE
ELECTRICAL CONTRACTORS TO HAVE A MASTER ELECTRICIAN WHO IS
AN OWNER, OFFICER, OR EMPLOYEE ACTIVELY ENGAGED FULL TIME IN
THE CONDUCT OF THE BUSINESS; TO PROVIDE THAT MASTER
ELECTRICIANS ARE RESPONSIBLE FOR SUPERVISION OF ALL
ELECTRICALLY PERMITTED WORK; TO REQUIRE ANNUAL REGISTRATION
OF ELECTRICAL CONTRACTORS; TO ESTABLISH RECIPROCAL LICENSE
FILING FEES.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Turner, Berlanga,
Cuerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye".
* * * * * * * * * * * * * *
Mayor Jones announced public hearings on the following items:
31. Contractual annexation of 10.74 acre area out of a 205.88 acre tract of the
Mariano L. De Herrera Grant, being platted as Wood River Unit 6 located
at the northeast corner of Wood River Drive & F.M. 624.
City Manager Martin explained that this is a voluntary contractual
annexation.
Mayor Jones explained the limitations set forth on annexation procedures
by our City Charter and suggested that the Council consider amending this
portion of the Charter to allow annexation by ordinance rather than by election.
Mr. Larry Wenger, Directcvr of Planning, located the area which is in the
Five Points vicinity. He commented that this is the first contractual annexation
considered by the City that will not require a public hearing to be conducted
on the site.
Mayor Jones ascertained that no one wished to speak in regard to this
annexation.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Hawkins and passed unanimously.
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A motion was made by Mayor Fro Tem Turner that the annexation be
approved, seconded by Council Member Guerrero.
City Secretary Read polled the Council for their vote on the first reading
of the ordinance authorizing the contract and the following was passed:
31. FIRST READING:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND PENDARIS
CORPORATION FOR THE ANNEXATION OF APPROXIMATELY 10.74 ACRES
OF LAND OUT OF A 205.8 ACRE TRACT OF THE MARIANO L. DE
HERRERA GRANT, AESTRACT 606, 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".
* * * * * * * * * * * * * * *
A motion was made by Mayor Pro Tem Turner that the Regular Council
Meeting be recessed for 10 minutes, seconded by Council Member Guerrero and
passed unanimously.
Council recessed at 2:41 p.m.
Council reconvened at 3:04 p.m.
* * * * * * * * * * * * * * *
Mayor Jones announced the public hearing on four zoning applications.
32. Application No. 683-9, Mr. Roger Seaman, Jr.: for a change of zoning
from "R -1E" One -family Dwelling District, and "B-4" General Business
District to "1-2" Light Industrial District on Tract 1, "T -1B" Mobile Home
Park District on Tract 2, "A-2" Apartment House District on Tracts 3 and
5, and "R-2" Multiple Dwelling District on Tract 4, Tract 1 being 14.00±
acres, Tract 2 being 30.00± acres, Tract 3 being 22.00± acres, Tract 4
being 54.38± acres, and Tract 5 being 30.20± acres, all Tracts out of Lots
1, 2, 3, 4, 5, 7, 8 and 9, Section 40, Flour Bluff and Encinal Farm and
Garden Tracts, located between Don Patricio and Purdue Roads, west of
Flour Bluff Drive to the Cayo del Sol.
Assistant City Manager Tom Utter informed the Council that in response to
the twenty-seven notices of the public hearing that had been mailed, two in
favor and two in opposition from within the 200' area and one outside the 200'
area in opposition had been received. He stated further that both the Planning
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Commission and Planning Staff recommend denial of the "1-2" zoning on Tract 1
and in lieu thereof, that a special permit be approved for a facility to be used
to construct modular homes on the east ten acres with the remainder to be
zoned "T -1B"; approval of "T-16" on Tract 2; denial of "A-2" on Tract 3 and
in lieu thereof, approval of "R-2"; approval of "R-2" on Tract 4; denial of
"A-2" on Tract 5 and in lieu thereof, approval of "A-2" on the east 11.2 acres
and "A-1" on the west 19 acres.
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
located each tract and explained the zoning requested and the recommendation
of the Planning Commission and the Planning Staff. He also displayed a map of
the Flour Bluff Development Plan and stated that the recommended zoning
complies with the plan with the exception of one area.
Council Member Kennedy inquired if the applicant concurs with the
recommendation of the Planning Commission and Planning Staff, and Mr. Wenger
stated that it was his understanding that they do.
Council Member Slavik referred to Tract 1 on which a special permit was
recommended for a facility to construct modular homes and expressed concern
about the time length of the special permit for "1-2" purposes. She stated that
she felt that there should be a limitation on the time period so that the zoning
would revert back to the original "B-4" zoning after a certain length of time.
this.
Mr. Wenger assured Mrs. Slavik that the Council has the authority to do
Mayor Jones stated that this has never been done before, however.
Council Member Hawkins asked Mrs. Slavik about the time limit that she
felt would be reasonable.
A representative of the developer stated that he had no idea how long
they would need this property for storage of materials and the construction of
modular homes for adjacent areas.
Mrs. Slavik then suggested a three-year time limit.
A motion was made by Council Member Slavik that the special permit on
Tract 1 be limited to a three-year period, seconded by Council Member
Hawkins.
Council Member McComb noted that if the special permit is not used, the
zoning would revert back to "B-4". He stated that he understood Mrs. Slavik's
concern but stated that he would prefer to have some study or information from
the developer before the policy is changed.
Mayor Jones pointed out that this is for this particular case and it is not a
major policy change.
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,.egular Council Meeting
September 7, 1983
Page 15
Mayor Pro Tem Turner inquired if the special permit was to be for
permanent storage of materials or just during the construction of the modular
homes, and Mr. Wenger explained that the special permit is valid until the
developer ceases operations and one year after it is no longer used for the
purposes in the special permit.
Council Member Guerrero pointed out that Mrs. Slavik's concern was that
the property would revert to a higher density zoning and pointed out that "1-2"
zoning would be lower density than the "B-4" that presently exists.
Mrs. Slavik stated that she just wanted to be sure that the property
reverts back to the "3-4" zoning when it is no longer used for the purpose
shown on the site plan.
The representative of the applicant stated that he would like to check this
with the applicant before the vote is taken.
Mayor Jones called for comments from the audience on this zoning
application.
Mrs. Motes, 2218 Wood Crest, stated that her mother lives directly across
the street from the "B-4" zoned tract and she felt that the light industry would
be objectionable since there is residential property nearby. She also expressed
opposition to the special permit for Tract 1 and expressed the opinion that if
this is approved, other property owners will also request "1-2" zoning or a
special permit for industrial use and the neighborhood would deteriorate.
Council Member Kennedy explained to Mrs. Motes that the developer only
plans to put things together there and store construction items for assembling
houses for a short period of time, following which the special permit will no
longer be in effect.
Council Member Mendez asked Mrs. Motes if she would object to this if it
is limited to three years, and Mrs. Motes stated that she would not object to
this but she is apprehensive that one of her neighbors would apply for "1-2"
zoning if this is granted because his operation is in violation of the existing
zoning now.
Council Member Hawkins stated that he would like to know the name and
address of the neighbor who is operating a business illegally and urged that
this be investigated by the Staff.
Mrs. Motes stated that the neighbor she mentioned was Mr. Frank H.
Smith of 2214 Flour Bluff Drive.
Mayor Jones requested that the Staff investigate this charge and report to
the Council.
The representative of the developer informed the Council that the three
years would be satisfactory for the special permit.
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..dgular Council Meeting
September 7, 1983
Page 16
Mayor Jones called for the vote on the motion to amend the Planning
Commission's recommendation to limit the special permit for Tract 1 to a
three-year period and it passed unanimously.
City Secretary Read informed the Council that the ordinance will be on the
agenda next week.
A motion was made by Mayor Pro Tem Turner that the hearing be recessed
until the ordinance has been prepared, seconded by Council Member McComb
and passed unanimously.
* * * * * * * * * * * * * * * *
33. Application No. C883-4, City of Corpus Christi: for a change of zoning
from "RE" Residential Estate District and "B-3" Business District to
"PUD -1" Planned Unit Development 1 on Lots 12 through 16, Section 48,
Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast
corner of Graham Road and Flour Bluff Drive.
Assistant City Manager Utter explained that the property owner was
planning to request PUD zoning at the time the Master Flour Bluff Plan was
being considered and this application was delayed by the rezoning consideration
in Flour Bluff. He stated that in response to the sixty notices of the public
hearing that had been mailed, six in favor and one in opposition had been
returned, and that both the Planning Commission and Planning Staff recommend
approval of the PUD zoning with five modifications as follows: (1) open space
should be improved coincidental with installation of utilities and improvement of
streets and lots; (2) locate all oil/gas pipelines within defined and dedicated
easements; (3) grant a 10' utility easement in the open space between Blocks 5
and 6, 6 and 7, 7 and 8, 8 and 9, and 9 and 10; (4) label Lot 1, Block 13 as
private lake; and (5) label Lot 1, Block 12 as private park.
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 stated
that it has been zoned "RE" as a part of the Flour Bluff Development Plan. He
referred to the plan that had been submitted with an overall density of no more
than two units per acre. He stated that this falls in the crash zone Unit 2
which specifies no more than 2 units per acre. He stated further that the plan
calls for cul-de-sacs extending from Graham Road into the subdivision. Mr.
Wenger then more fully described the reason for the modifications as listed.
Council Member Hawkins questioned the reason the City has made the
application, and Mr. Wenger explained that the owner was in the process of
requesting this change of zoning at the time the Flour Bluff zoning was
considered.
For the benefit of the new Council Members, Mr. Wenger explained that
PUD is a process of zoning that allows the developer to utilize and deviate
somewhat from the zoning district. He stated that in this particular case, the
applicant has provided more than five acres for park but it will be a private
park and the developer will completely develop the park.
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.igular Council Meeting
September 7, 1983
Page 17
Mr. Tucker, one of the applicants, stated that they do plan to build a
fence on Graham Road and Flour Eluff Drive and explained that they plan a lot
of amenities associated with the park and the lake and other areas which will be
completely maintained by the developer. He stated that the cost of the houses
will be between $100,000 and $150,000 and the City will maintain the streets.
No one else spoke in regard to this zoning application.
A motion was made by Council Member Guerrero that the hearing be
closed, seconded by Council Member Hawkins and passed unanimously.
Assistant City Secretary Dorothy Zahn polled the Council for their vote on
the ordinance effecting the zoning change and the following ordinance was
passed:
33. ORDINANCE NO. 17822:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE CITY
OF CORPUS CHRISTI BY GRANTING A PLANNED UNIT DEVELOPMENT 1
FOR A PLANNED UNIT DEVELOPMENT ON LOTS 12-16, SECTION 48,
FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AS MORE
PARTICULARLY DESCRIBED ON THE APPROVED PLANS SIGNED BY THE
CHAIRMAN OF THE PLANNING COMMISSION AND CERTIFIED BY THE
CITY SECRETARY AS APPROVED BY THE CITY COUNCIL; KEEPING IN
EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS
AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Jones, Turner, Berlanga, Hawkins, Kennedy,
McComb, Mendez and Slavik voting, "Aye".
* * * * * * * * * * * * * * * *
34. Application No. 883-5, Padre Development, Inc.: for a change of zoning
from "B-2" Bayfront Business District to "AT" Apartment Tourist District
on Lots 15 and 16, Section C, Padre Island, located on the west side of
Leeward Drive, north of Whitecap Boulevard.
Assistant City Manager Tom Utter stated that in response to the eight
notices of the public hearing that had been mailed, two in favor and one in
opposition had been returned, and 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. He
stated that the prospective purchaser plans the development of condominiums at
this location.
Mayor Jones called on the applicant to speak.
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..egular Council Meeting
September 7, 1983
Page 18
Mr. Louis Smith, 13909 Primavera, appeared on behalf of the applicant.
He stated that they are in the process of selling this property to Padre
Development Corporation and they feel that the "AT" zoning is more appropriate
at this location than the existing zoning. He also stated that they plan to
construct a 24 unit condominium.
No one else spoke in regard to this zoning application.
A motion was made by Council Member Hawkins that the hearing be closed,
seconded by Mayor Pro Tem Turner and passed unanimously.
A motion was made by Council Member Hawkins that requested zoning on
Application No. 883-5 be approved, seconded by Mayor Pro Tem Turner and
passed unanimously.
Assistant City Secretary Zahn polled the Council for their vote on the
ordinance and the following was passed:
34. ORDINANCE NO. 17823:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF PADRE
DEVELOPMENT, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO
LOTS 15 AND 16, SECTION C, PADRE ISLAND, FROM "B-2" BAYFRONT
BUSINESS DISTRICT TO "AT" APARTMENT TOURIST DISTRICT; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Jones, Turner, Berlanga, Hawkins, Kennedy,
McComb, Mendez and Slavik voting, "Aye".
* * * * * * * * * * * * * * * *
35. Amend Section 3-1 of Article 3 Definitions of the Zoning Ordinance by
adding the following:
3-1.50.1 Office, Medical. A structure in which fifty percent (50%) or more
of the offices provide medically related services.
Mr. Utter explained to the Council that this item is just to provide a
definition of medical office which is required in accordance with the parking
requirements previously approved.
Mayor Pro Tem Turner mentioned some of the older homes that are being
converted to offices which may have a great deal more space than ordinarily
found in the medical offices.
Mr. Wenger explained that according to the ordinance recently passed, one
parking space is required for every 200 square feet of office space.
A motion was made by Council Member Hawkins that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
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..egular Council Meeting
September 7, 1983
Page 19
A motion was made by Council Member Hawkins that the amendment to the
Zoning Ordinance be approved, seconded by Council Member Mendez and passed
unanimously.
Assistant City Secretary Zahn polled the Council for their vote on the
ordinance and the following was passed:
35. ORDINANCE NO. 17824:
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI
BY AMENDING ARTICLE 3, BY ADDING SECTION 3-1.50.1; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Jones, Turner, Berlanga, Hawkins, Kennedy,
McComb, Mendez and Slavik voting, "Aye".
* * * * * .. * * * * * * * * * *
Council Member Kennedy explained that a number of the Council Members
meet every Wednesday morning at 8:00 a.m. at the First Presbyterian Church to
conduct a prayer session prior to the City Council Meeting and stated that he
would like to invite anyone on the Council or Staff who would like to attend.
Council Member Guerrero suggested that on zoning cases on which both
the Planning Commission and Planning Staff recommend approval that the
hearing be closed as soon as possible without discussion of the case in order to
facilitate the zoning applications.
Mayor Jones indicated his concurrence with this suggestion.
Council Member Hawkins asked about the service station on the T -Head
which is operated by City employees on behalf of a private developer. He
asked that this be listed as a discussion item on the agenda in the very near
future.
Mayor Jones stated that he, too, would like to have a Staff report on this
practice.
City Manager Martin explained that it is strictly a matter of whether the
City wants to have gas available in the Marina or not. He stated that if the
Council wants to close the gas station so that it is not open for boaters to
obtain gasoline, it can be done. He assured the Council that a report would be
sent to them Friday on this subject.
Council Member Hawkins explained that the public does not like the idea of
public employees working for private individuals.
Mayor Jones suggested that this be on the agenda next week with
information to be provided the Council Friday.
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_agular Council Meeting
September 7, 1983
Page 20
* * * * * * * * * * * * i. *
Mayor Jones called for petitions or information from the audience on
matters not scheduled on the agenda.
Mrs. Bette Harris, President of OPUS, informed the Council that their
organization had presented a consensus in regard to the proposed land mass.
She stated that in their statement, they expressed concern about the location
and the height of the buildings. She asked that consideration be given to
having the land mass located at the entrance to IH 37 because they are
particularly concerned about additional traffic on Shoreline Boulevard. She
mentioned the fact that at the time they examined the Bayfront plans, there
seemed to be a series of landfills located on the bayfront and they, therefore,
feel that the land mass should be located further north. She summarized her
remarks by requesting that the Council place this issue before the public in a
November election so that the citizens may vote on the land mass.
Mr. Galen Westwick addressed the Council and also requested a referendum
on the land mass. He suggested that the following options be listed on the
referendum: (1) land mass as proposed; (2) land mass north of IH 37; (3)
neither of the above. He expressed the opinion that as currently planned, the
land mass will be nothing but a shopping center. -
Dr. Dear. Banks, 225 Waverly, also requested that the land mass be put to
a vote of the people. He referred to a portion of the State Law that refers to
granting to the City of Corpus Christi certain land lying under the waters cf
Corpus Christi Bay and expressed the opinion that the law very definitely
states that submerged land should be used for public purpose only. He stated
that the intent of the 1919 Act of the Legislature is that any submerged lands
be used for public purposes only. He then mentioned other Acts that amended
the 1919 Act for further control, referring in particular to the 1953 amendment
which gives the citizens the right to vote on the use of submerged lands. He
also questioned the amendment to Article VIII of the City Charter which no
longer requires a referendum for 30 -year leases or franchises. He alleged that
the amendment to the City Charter gave the City Council the power to form a
dictatorship to lease the submerged land.
Mr. Tom Hunt, Sr., 75 Townhouse Lane, spoke on the same subject. He
stated that he felt that the newland mass should be similar to the T -Head type
of operation and pointed out that the listing of stores that will be on the land
mass are strictly commercial shopping center -type establishments. He stated
that there is even office space that can be used during the first six years
following the date of occupancy. He, too, urged that a public referendum on
the land mass be held in November. He also urged that the 1919 Act of the
Legislature be checked out before the referendum is conducted. He stated
that it was his opinion that the General Land Office has indicated that the issue
is clouded as far as the legality of the land mass.
Mr. Don Sharrock, a volunteer temporary worker for the Park Department,
referred to Westgate Park and objected to the location of a fire pit in the park
on the right side.
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.egular Council Meeting
September 7, 1983
Page 21
Mayor Jones requested a report from the City Manager on this subject.
A lady associated with the Audobon Society also expressed opposition to
the land mass. She stated that in her opinion, most of the citizens of this
community are also opposed to it. She indicated that she objected to the shops
that are planned for the area and urged that the Council call a referendum for
the voters to decide on the land mass.
Mrs. Pat Duaine, 4909 Branscomb, expressed the opinion that this Council
is a true citizens' Council. She stated that she objects to the land mass
because it seems to be primarily for the downtown businessmen and the tourist
trade. She urged that the land mass not be located on the bayfront because in
her opinion, shops to attract tourists should be located in the downtown area
which would accomplish two purposes -- revitalize the downtown and provide
entertainment for the tourists. She stated that she is speaking on behalf of
the Citizens' Coalition.
Council Member Slavik asked Mrs. Duaine if the Citizens' Coalition would
be satisfied with approval of the land mass by referendum, and Mrs. Duaine
indicated that they probably would.
Speaking on another matter was Mrs. Mary Rhodes, League of Women
Voters, who referred to Boards and Commissions. She stated that the position
of the League is that no Board Member should serve on any Committee, Board,
or Commission for more than six years. She explained that this would provide
an opportunity for more citizens to serve and provide a fresh viewpoint for the
various boards and commissions.
Mayor Jones explained to Mrs. Rhodes that the Council had already
decided to have this as an agenda item for discussion in two weeks. He then
asked her to provide a copy of the League's opinion on the matter. He then
questioned if the policy should have an exception for members who have served
very effectively.
Mrs. Rhodes stated that she felt that there should be no exceptions to this
rule.
Mr. Cecil Jenkins, 1119 Sixth Street, welcomed the new Council Members,
stating that he felt that the citizens will be better represented. He asked that
the new members examine carefully the land mass agreement. He also requested
that the Council visit the divided City which he referred to as "taxed citizens"
and "those who benefit from taxes". He referred to the Tax Reinvestment Zone
which benefits the owners of land in the downtown area but neglects the other
citizens. He stated that he also preferred that the old City Hall be renovated
rather than construct a new one on the Bluff at great expense for land
acquisition. He also objected to the use of City employees to operate an
individual's service station on the Marina.
A motion was made by Council Member Kennedy that the meeting be
adjourned.
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..egular Council Meeting
September 7, 1983
Page 22
Council Member Slavik interjected that she would like to make a motion
before adjourning.
Dr. Kennedy's motion to adjourn was seconded by Mayor Pro Tem Turner,
and Mayor Jones ruled that a motion to adjourn is not a debatable motion and is
the preferred motion. He then called for the vote on the motion to adjourn and
it failed to pass.
Council Member Slavik stated that there have been a number of people who
spoke requesting a referendum on the land mass. She stated that the people of
Flour Bluff who are in her district feel that the land mass is taking all of the
Council's attention and they feel that this should be on a referendum for all the
citizens to vote on.
A motion was made by Council Member Slavik that the land mass proposal
be placed on the ballot for a referendum in a November election in order to
allow the public to decide whether there should be a land mass.
The motion was seconded by Council Member Berlanga.
Council Member Hawkins stated that he would hesitate to vote against such
a motion but he was of the opinion that there should be more discussion before
a referendum is called for this purpose.
A motion was made by Council Member Hawkins that Mrs. Slavik's motion
be tabled, seconded by Council Member McComb and passed by the following
vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, and
Mendez voting, "Aye"; Slavik voting, "No".
* * * * * * * * * * * * * * *
There being no further business to come before the Council, on motion by
Council Member Kennedy, seconded by Mayor Pro Tem Turner and passed
unanimously, the Regular Council Meeting was adjourned at 4:47 p.m.,
September 7, 1983.
DZ/rr