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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 nutes ,egular Council Meeting September 7, 1983 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 * * * * * * * * * * * * * * * * Rites , egular Council Meeting September 7, 1983 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. lutes Kegular Council Meeting September 7, 1983 Page 4 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. lutes ..egular Council Meeting September 7, 1983 Page 5 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) lutes .egular Council Meeting September 7, 1983 Page 6 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. utes regular Council Meeting September 7, 1983 Paae 7 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". inutes Regular Council Meeting September 7, 1983 Page 8 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 lutes ..egular Council Meeting September 7, 1983 Page 9 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. lutes ..egular Council Meeting September 7, 1983 Page 10 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. lutes .egular Council Meeting September 7, 1983 Page 11 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. utes ..egular Council Meeting September 7, 1983 Page 12 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. utes ,.egular Council Meeting September 7, 1983 Page 13 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 nutes regular Council Meeting September 7, 1983 Page 14 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. Butes ,.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. .utes ..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. utes .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. lutes ..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. nutes ..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. utes _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. lutes .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. lutes ..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