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HomeMy WebLinkAboutMinutes City Council - 09/14/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 14, 1983 2:00 P.M. PRESENT Mayor Luther Jones Mayor Pro Tem Betty Turner Council Members David Berlanga, Sr. Leo Guerrero **Herbert Hawkins, Jr. *Dr. Charles Kennedy Joe McComb Frank Mendez Mary Pat Slavik City Manager Edward Martin Asst. 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 David Berlanga, Sr., following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Mary Pat Slavik. 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 Mayor Pro Tem Turner that the minutes of the Regular Council Meetings of August 31 and September 7, 1983 be approved as presented; seconded by Council Member Berlanga; and passed unanimously. * * * * * * * * * * Mayor Jones called for consideration of the Consent Motions on items 1 thru 4 and item 6, item 5 to be considered as an ordinance rather than a motion. 'St) 1 9 1984 laraILMED utes . egular Council Meeting September 14, 1983 Page 2 1. Bids be received on September 28 for the purpose of selecting the City Depository (ies) for the period beginning October 5, 1983, and ending approximately eighteen months thereafter. 2. Bids be received on October 5, 1983, for an oil and gas lease for the City's one-half mineral interest in a 320 acre tract at Lake Corpus Christi in the Boy Scout Camp and State Park. 3. Plans and specifications for the Collier Park Pool Shower Rooms Renovation Project be approved and bids be received on October 11, 1983. This project was included in the 9th Year Supplemental Community Development Block Grant Program. The shower rooms for this 22 year old swimming pool will be modified and enlarged to accommodate the physically handicapped. 4. The Las Palmas Drive Drainage Improvement Project be accepted and final payment of $36,427.66 be authorized to Maverick Construction Company for a total of $151,989.71. A 13 -day time extension is recommended due to utility delays. THis 1977 bond project provided for the construction of a double barrel, 3 foot by 5 foot, reinforced concrete storm sewer box between Laguna Shores Road and Laguna Madre in Flour Bluff. 6. The undesignated holiday for fiscal year 1983-84 provided for in the Compensation Plan be declared Friday, November 25, 1983, to provide for a four-day Thanksgiving holiday. Mayor Jones ascertained that no one in the audience wished to speak on these items. A motion was made by Mayor Pro Tern Turner that Consent Motions 1 thru 4 and 6 be approved; seconded by Council Member Mendez; and passed unanimously. * * * * * * * * * * Mayor Jones called for consideration of Consent Ordinances and Ordinances from previous meetings on items 5 and 7 thru 18. Council Member Slavik referred to item 7 which pertains to improvements to Surfside to Timon Boulevard Connection Project and asked to see a better description of the streets. Jtes gular Council Meeting September 14, 1983 Page 3 Assistant City Manager James K. Lontos, P.E., explained the proposed project and indicated on a map how the sharp right angle of Surfside Boulevard will be eliminated through this project. Council Member Berlanga inquired of Mr. Lontos if he had received any objections from the businessmen on the street in regard to the change. He stated that one businessman had indicated to him that the new plan will be detrimental to the operation of his business. Mr. Lontos replied that he had not heard that complaint, but pointed out that this could be discussed during the public hearing on the assessments which is scheduled for October 12, 1983. There were no comments from the audience on the ordinances and the following were passed: 5. ORDINANCE NO. 17826: AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT WITH THE SOUTH TEXAS WATER AUTHORITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and Slavik voting "aye"; Hawkins and Kennedy "absent". 7. ORDINANCE NO. 17815: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Connection of Surfside Boulevard to Timon Boulevard 1. Coastal Avenue, from North Shoreline Boulevard to Timon Boulevard; 2. Surfside Boulevard, from Bridgeport Avenue to Timon Boulevard; 3. Timon Boulevard, from Surfside Boulevard at Elm Street to Surfside Boulevard at Coastal Avenue; and DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and Slavik voting "aye"; Hawkins and Kennedy "absent". utes ..egular Council Meeting September 14, 1983 Page 4 8. ORDINANCE NO. 17825: APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: Connection of Surfside Boulevard to Timon Boulevard 1. Coastal Avenue, from North Shoreline Boulevard to Timon Boulevard; 2. Surfside Boulevard, from Bridgeport Avenue to Timon Boulevard; 3. Tirron Boulevard, from Surfside Boulevard at Elm Street to Surfside Boulevard at Coastal Avenue; and DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL FOR OCTOBER 12, 1983 AT 3:15 P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 302 5. SHORELINE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and Slavik voting "aye"; Hawkins and Kennedy "absent". 9. ORDINANCE NO. 17827: AMENDING ORDINANCE NO. 17389 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Airline Road, from Williams Drive to Holly Road AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and Slavik vcting "aye"; Hawkins and Kennedy "absent". 10. ORDINANCE NO. 17828: AUTHORIZING THE CONVEYANCE TO TITO M. SANDOVAL, JR., LOTS 9 AND 10, BLOCK 5, NUECES BAY HEIGHTS ADDITION; ALL AS MORE FULLY SET FORTH IN THE SPECIAL WARRANTY DEED WITH VENDOR'S LIEN, DEED OF TRUST, AND THE PROMISSORY NOTE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and Slavik voting "aye"; Hawkins and Kennedy "absent". 11. RESOLUTION 17829: APPROVING A RESOLUTION BY CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION TO ISSUE BONDS FOR DAYS INNS OF AMERICA, INC.; AND DECLARING AN EMERGENCY. ites .,,gular Council Meeting September 14, 1983 Page 5 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and Slavik voting "aye"; Hawkins and Kennedy "absent". 12. FIRST READING AMENDING SECTION 2204 OF THE BUILDING CODE ADOPTED BY ORDINANCE NO. 15256 TO INCREASE THE ALLOWABLE TIME FOR MAKING THE NECESSARY IMPROVEMENTS TO MOVED BUILDINGS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and Slavik voting "aye"; Hawkins and Kennedy "absent". 13. SECOND READING AUTHORIZING THE EXECUTION OF A 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 second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and Slavik voting "aye"; Hawkins and Kennedy "absent". 14. SECOND 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 second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and Slavik voting "aye"; Hawkins and Kennedy "absent". 15. SECOND 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 second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and Slavik voting "aye"; Hawkins and Kennedy "absent". ites jular Council Meeting September 14, 1983 Page 6 16. SECOND 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. DEHERRERA GRANT, ABSTRACT 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 second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and Slavik voting "aye"; Hawkins and Kennedy "absent". 17. THIRD READING - ORDINANCE NO. 17830: 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 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 third passed by the following vote: Jones, Turner, Berlanaa, Guerrero, McComb, Mendez and Slavik voting "aye"; Hawkins and Kennedy "absent". 18. ORDINANCE NO. 17831: ANNEXING A 46.68 ACRE TRACT OF LAND BEING PLATTED AS INVERNESS UNIT B: AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and Slavik voting "aye"; Hawkins and Kennedy "absent". ORDINANCE NO. 17835: ANNEXING A PARCEL OR TRACT OF LAND, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER ARTICLE I, SECTION 2(c), PROVIDING FOR THE ANNEXATION TO THE CITY OF CORPUS CHRISTI OF ROADS, HIGHWAYS, STREETS AND DRAINAGE RIGHTS-OF-WAY ADJACENT AND CONTIGUOUS TO THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and Slavik voting "aye"; Hawkins and Kennedy "absent". lutes ..egular Council Meeting September 14, 1983 Page 7 * * * * * * * * * * Mayor Jones called for consideration of Actions by Motion from the Regular Agenda on the following items: *19. Bids be received October 4, 1983 for traffic signal equipment for Peoples Street/Shoreline Blvd. This is a part of the Project Plan of Reinvestment Zone No. 1, funded by the 7th Year Community Development Block Grant. *20. Plans and specifications for the Pedestrian Crossing at Peoples Street and Shoreline Drive be approved and bids for this work be received on October 12, 1983. This 7th Year Community Development Block Grant project provides for the construction of a pedestrian crossing at this intersection complete with irrigation, landscaping, park benches, and underground work necessary for the installation of new traffic signal equipment. (*These items were withdrawn - See page #13) City Manager Martin explained that the reason these had been placed on the Regular Agenda is to highlight the fact that this is in the Bayfront Plan from the Community Development Program. He explained that the proposed specifications represent the type of improvements that will be develop on the Bayfront in the future. He noted that they are as hurricane proof as possible and reminded them that the purpose of the Bayfront Plan is to install more people oriented areas. 21. Transfer of activities from the Bureau of Reclamation to the City associated with the maintenance and operation of the Choke Canyon darn structure and related appurtenances necessary for impounding water, making controlled releases of water, and operating spilling gates be approved effective September 30, 1983; and an interim revision of the 1976 repayment schedule for municipal and industrial water supply be approved subject to a contract amendment at such time as all costs are established and a final audit completed. City Manager Martin explained that he felt that the City staff has worked out a good deal for the people of Corpus Christi. He also explained that the recreation phase will not be completed for three to four years and it will be operated by the State of Texas. Mayor Jones called for comments from the audience on the foregoing items. rtes ncgular Council Meeting September 14, 1983 Page 8 Mrs. Pauline Clarke, 3902 Mueller Street, referred to item 21 and asked, as a point of information, when the City will negotiate the amount of water that will be released for the bays and estuaries. City Manager Martin explained to Mrs. Clarke that this is not totally in the City's control but is a cooperative matter between the Bureau of Reclamation and Fish and Wildlife Service. He stated that meetings have started on this and the Bureau's opinion is that they cannot get into those details until the project has been accepted. Mrs. Clarke inquired if the public will be allowed to have input in regard to the release of water for bays and estuaries, and Mr. Martin stated that he did not know because the Bureau controls such matters. Mayor Jones requested that the City Manager find out the answer to this question for Mrs. Clarke. A motion was made by Mayor Pro Tem Turner that items 19, 20 and 21 be approved, seconded by Council Member Mendez and passed unanimously. 22. The appeal by 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. Mr. Larry Wenger, Director of Planning, displayed a transparency of the location and explained that it is a plat appeal from the Planning Commission. He explained that the owner plans to subdivide it into two lots and it was considered by the Planning Commission on July 5 at which time it was tabled; it was considered on July 19 and August 2 and at that time they denied the plat until the following three conditions had been meet: 1) Etring Avenue being extended to Holly Road; 2) Compliance with the water distribution systems standards; 3) Sanitary sewer system acreage fee of $3,495 being paid. Mr. rtes ix gular Council Meeting September 14, 1983 Page 9 Wenger explained that the reason for these conditions is that the platting ordinance prohibits any dead end streets of this type and Etring Avenue was planned to be extended. Mr. Wenger provided background information in regard to this appeal by explaining that the owner of the adjacent property, Mr. Sarato, constructed a building on a lot in South Aires Addition Unit 1 and the building extended on to the property owned by Mr. Winston. Mr. Wenger explained that in an attempt to resolve the problem, Mr. Winston had agreed to sell one lot to Mr. Sarato but to do so his property had to be platted and he objects to the extension of Etring Avenue through his property. Mr. Wenger stated that the staff even suggested that he bring in a preliminary plat and the corner lot on which Mr. Sarato's property extends could be approved and the remainder of the preliminary plat be approved when he is ready to either construct or subdivide. Mr. Wenger then displayed a plat containing several Tots and showing a suggested design for the extension of Etring Avenue, but explained that the developer could extend the street in various ways. He explained that when a piece of' property is finated out, the conditions must be included on the plat, rather than having a prospective purchaser in the future construct the street, water line, sewer system, etc. He stated that the staff recommends denial of this appeal and that the three conditions placed on this plat by the Planning Commission be required. Mayor Jones commented that if the building were removed, there would be no problem. Council Member Slavik inquired if the suggestion was made that the building be removed, and Mr. Wenger stated that they did not make that ites .._gular Council Meeting September 14, 1983 Page 10 suggestion, but that is one that the builder could do, but that would be very costly to him. He explained that Mr. Winston is willing to sell a portion of a lot to Mr. Sarato, but he can not do so until his plat is approved. Council Member McComb questioned why the recommendation was made that Mr. Winston comply with the Planning Commission's stipulation when it was no fault of his that the building extension onto his property was made in error. He questioned why Mr. Winston should bear the expense of this. Mr. Wenger stated that Mr. Winston does want to plat the property because they plan to locate a warehouse on a portion of the property. Council Member Mendez inquired if Mr. Winston could sell just that small lot without having to plat the entire property, and Mr. Wenger replied that he could not but he could have a preliminary plat and just plat and sell the one corner piece of property on which the building extends. Mr. J. W. Gary, Attorney representing Mr. Bill Winston, presented copies of letters from the property owners on Etring Avenue in which they state that they do not care to have the street extended. Mr. Gary explained that when this matter came to Mr. Winston's attention, he had a survey made of the property and found that there was an encroachment on to his land and he tried to accommodate Mr. Sarato and also obtain a lot for his company on which to build a warehouse. He explained that the cost of the conditions set forth by the Planning Commission were prohibitive and Mr. Winston objects particularly to the extension of Etring Avenue. He stated that his client would agree to laying a waterline and paying the sanitary sewer system acreage fee, but the cost of the street extension would be prohibitive. Mr. Gary then displayed a copy of the Master Transportation Plan and noted that this street extension is not on the Master Transportation Plan. He stated that he had suggested to Mr. lutes ..egular Council Meeting September 14, 1983 Page 11 Winston that he agree to construct the 8" waterline the entire length of the property; if the City wants the waterline looped, he would give an easement and build the waterline loop; but they still object to the construction of the street extension. He stated that Mr. Winston has no plans to subdivide the property because he only wants to obtain a building permit to construct a warehouse, He also pointed out that if Etring Street is extended, it would have to go over to Holly Road and over a railroad track and the railroad company objects to having any more streets extending onto Holly Road without traffic lights. He noted that without approval of the plat, Mr. Winston cannot obtain a building permit. He stated that they would agree to sign a contract to the effect that when that property is subdivided for development, they would replat and construct the street at that time. Mayor Pro Tem Turner reminded Mr. Gary that the staff had offered to approve a preliminary plat for the small lot. Mr. Wenger interjected that Mr. Winston wants to build the warehouse without complying with the platting ordinance. He also pointed out to Mr. Gary that this type of street is never shown on the Master Transportation Plan because it is a collector street. Mr. Wenger reiterated that when he sells the property he must plat the property. Mr. McComb asked Mr. Winston if he had decided to construct the warehouse when the problem occurred with the erroneous encroachment on to his property. Mr. Winston replied that he had always intended to construct a warehouse at this location. Council Member Guerrero inquired as to what the platting requirements would be ten years from now, and Mr. Wenger stated that he felt they would be the same. rtes ,..:gular Council Meeting September 14, 1983 Page 12 *Council Member Charles Kennedy arrived at the meeting at 3:04 p.m. Mr. Gary pointed out that he understands that there are contracts between the City and other subdividers to the effect that they will agree to construct streets, bridges, etc. at the time their property is developed, rather than when it is platted. No one else spoke in regard to this case. Council Member Guerrero expressed the opinion that granting this appeal would be a variance from the platting ordinance which might establish a precedent. A motion was made by Council Member Guerrero that the Council concur with the staff recommendation and that the appeal be denied; seconded by Mayor Pro Tem Turner. After further discussion the motion to deny passed as follows: Jones, Turner, Berlanga, Guerrero, Kennedy and Slavik voting "aye"; McComb and Mendez voting "no"; Hawkins absent at the time the vote was taken. * * * * * * * * * * Mayor Jones called for consideration of the ordinances from the Regular Agenda on items 23 thru 25. Council Member Kennedy, who had arrived after the consideration of the motions, referred to motions 19 and 20 and inquired if it would be possible to have a different concept of the type of traffic lights and park benches which would be distinctive to Corpus Christi. He noted that the type planned is the same that you see all over the United States and he felt that some other type of structure would be preferable. Mr. Utter explained that one of the major problems of the street lights and the signal lights is that they must meet the wind load factor required. He Lutes ..egular Council Meeting September 14, 1983 Page 13 stated that all of the Boards and Commissions concerned have examined the plans and have approved them. Council Member Kennedy continued by stating he would still like to see if there is something that would be more representative of this City, and Mayor Pro Tem Turner concurred. Mr. Utter stated that it might be possible to have the street lights and traffic lights fabricated in a particular style, but there might be a problem in replacing them if they are damaged if they have been especially designed for this project. City Manager Martin stated that the agenda item requests authority to go out for bids and suggested that items 19 and 20 be withdrawn until the staff has an opportunity to check to see if more decorative furniture, traffic lights, etc. might be available. A motion was made by Mayor Pro Tem Turner to reconsider the action taken by the Council in approving items 19 and 20 and delaying action on these until next week; seconded by Council Member Mendez; and passed unanimously. * * * * * * * * * * Mayor Jones again referred to the ordinances from the Regular agenda on items 23 through 25. Assistant City Manager Bill Hennings referred to Crdinance 24 which is the first reading providing for regulation of mobile and fixed site temporary shrimp and seafood vendors and stated that this pertains to the problem associated with people who sell seafood or shrimp from a truck. He explained that the number of vendors has been on the increase in the last few months and complaints have been received. He explained that there is a health problem that the Food Services Advisory Board has been attempting to deal with and Jtes i egular Council Meeting September 14, 1983 Page 14 they have established a list of standards to control this type of operation. He explained that the other problem deals with administration and enforcement, noting that the complaint is that vendors have been selling from vacant lots and that the vendors need to have proof that they have the property owners' permission to sale from their property. He summarized by stating that the health inspector needs to have the authority to issue citations if illegal sale of shrimp is being conducted and the overall thrust is not to eliminate the sell of shrimp, but the vendors would have to post a health permit on the outside of their vehicle so that it is clearly visible to the public. There were no comments from the audience on those two ordinances. Mayor Jones referred to Ordinance 25 which is the first reading increasing the fees charged for warrants of arrest and stated that it is the recommendation of Judge Jack Hunter. City Manager Martin stated that Mark Gresham, Budget Director, also concurs and noted that it is in compliance with State law. There were no comments from the audience on this ordinance; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 23. FIRST READING: AMENDING SECTION 12-77 OF THE CODE OF ORDINANCES TO PROVIDE FOR ALTERNATE FUELING SITES IN THE MUNICIPAL MARINA AND RULES AND CHARGES RELATED THERETO. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye"; Hawkins "absent". 24. FIRST READING: AMENDING CHAPTER 19, FOOD AND FOOD ESTABLISHMENTS, OF THE CODE OF ORDINANCES PROVIDING FOR REGULATION OF AND HEALTH AND SANITATION STANDARDS FOR MOBILE AND FIXED -SITE TEMPORARY FRESH SHRIMP AND SEAFOOD VENDORS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. ates yular Council Meeting September 14, 1983 Page 15 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye"; Hawkins "absent". 25. FIRST READING: AMENDING THE CITY CODE, SECTION 29-18, TO INCREASE THE FEE CHARGED BY MUNICIPAL COURT FOR THE ISSUANCE AND SERVICES OF A WARRANT OF ARREST FROM $5 TO $25 EFFECTIVE OCTOBER 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, Kennedy, McComb, Mendez and Slavik voting "aye"; Hawkins "absent". * * * * * * * * * * Mayor Jones called for consideration of the following recessed public hearing: 26. Application No. 683-9, Mr. Roger Seaman, Jr.: for a change of zoning from "R -1B" 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. The public hearing on this case was recessed for one week last week. A motion was passed to approve the Planning Commission's recommendation with the stipulation that the special permit on a portion of Tract 1 be for 3 years. City Manager Martin explained that the ordinance had been changed to limit the special permit on tract 1 to three years. There were no comments from the audience on this public hearing. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Slavik and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance and the following was passed: Jtes ,,gular Council Meeting September 14, 1983 Page 16 26. ORDINANCE NO. 17832: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ROGER SEAMAN, JR. BY CHANGING THE ZONING MAP IN REFERENCE TO TRACTS 1, 2, 3, 4, LOTS 1, 2, 3, 4, 5, 7, 8 AND 9, SECTION 40, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FROM "R -1B" ONE -FAMILY DWELLING DISTRICT, "B-4" GENERAL BUSINESS DISTRICT AND "A-1" APARTMENT HOUSE DISTRICT TO "T -1B" MOBILE HOME PARK DISTRICT ON TRACT 2, "A-1" APARTMENT HOUSE DISTRICT ON TRACT 5, "A-2" APARTMENT HOUSE DISTRICT ON TRACT 5, "R-2" MULTIPLE DWELLING DISTRICT ON TRACTS 3 AND 4, AND GRANTING A SPECIAL COUNCIL PERMIT FOR A FACILITY THAT WILL BE USED TO CONSTRUCT MODULAR HOMES ON TRACT 1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye"; Hawkins "absent". * * * * * * * * * * Mayor Jones called for discussion of the landmass agreement which was scheduled for 3:30 p.m. Mayor Jones then requested that Assistant City Attorney John Bell interpret the motion made by Council Member Slavik, which was to place the landmass project on a referendum in November. He noted that the motion was tabled on September 7, 1983 until after the Council Workshop on Saturday, September 10, at which time it was to be discussed. He inquired if it was necessary to have a motion to remove this motion from the table. Assistant City Attorney Bell stated that the Council has frequently used the motion to table rather than to delay action and frequently do not remove it from the table. City Secretary Read agreed with Mr. Bell that this Council has historically used the term "to table" rather than "to delay action" but that the manner of this motion, and the effect of it was properly "to lay on the table" and in his opinion it should be removed from the table before discussion. A motion was made by Council Member McComb that this matter be removed from the table, seconded by Mayor Pro Tem Turner. utes ,.egular Council Meeting September 14, 1983 Page 17 Council Member Mendez explained to Mrs. Slavik that the only reason the Council is taking this matter off the table is because it cannot be discussed until it is removed from the table. The motion to remove the matter from the table passed unanimously. Mayor Jones ascertained that most of the members of the audience were present to speak on this subject. A mction was made by Council Member Guerrero that a three minute limit be established for each speaker, seconded by Council Member Slavik and it passed unanimously. Council Member McComb suggested that a straw vote be taken among the Council to eliminate unnecessary discussion, and Mayor Jones agreed. Mr. McComb noted that Mrs. Slavik's motion was for a nonbinding referendum and stated that he sees no reason for a nonbinding referendum at this time and he will vote against the motion. Council Member Slavik requested that the people present be allowed to speak before a straw vote is taken, because she was of the opinion that the citizens should be heard. **Council Member Herbert Hawkins arrived at the meeting at 3:36 p.m. Mayor Jones stated that he felt that the Council has a right to express an opinion, and Council Member Hawkins stated that he has an opinion but he would prefer to wait until the people have spoken. Mayor Jones stated that this is a difficult issue of selecting between two rights or courses of action and he felt that the Council will have to evaluate what will do the most good for the most number of people. He pointed out that the young people in this City who want jobs and progress would like to see the landmass move forward as quickly as possible and he, therefore, will vote against the motion to have this on a referendum because he felt that it could only benefit the City. lutes ..dgular Council Meeting September 14, 1983 Page 18 Council Member Kennedy stated that he has been in favor of the concept of the landmass from its inception and he had examined other landmasses all over the United States. He stated however, that he will hold any final decision until after hearing comments from the public. Council Member Mendez indicated that he too would make a decision after the comments from the audience. Mr. Sam Allen, 509 Lawrence, noted that seven public hearings have been conducted on the landmass and that he was speaking on behalf of three groups, noting that he is Chairman of the Downtown Bayfront Committee of the Chamber of Commerce, Vice President and Director of the Chamber of Commerce and also speaking as President of the Central Business District. He stated that all of these organizations endorse and approve the landmass and he saw no reason to have a referendum. Mr. J. E. O'Brien, 4130 Pompano Place, President of the Corpus Christi Taxpayer's Association, urged the Council to approve the referendum for the landmass. Mr. Romeo Garcia, 5026 Cascade, stated that he is speaking as a concerned citizen and member of the Chamber of Commerce. He encouraged the Council to move forward with the landmass project, noting that the Council Members were elected to make decisions and he felt that they could make the decision rather than waiting for a referendum. Mr. Ruben Bonilla, speaking as a private citizen, referred to newspaper articles which have commented on the dramatic growth pattern in South Texas and particularly in Corpus Christi. He stated that he felt that the City of Corpus Christi must be courageous and innovative and noted that other cities have announced important improvements to their communities and it is time for rtes ,__jular Council Meeting September 14, 1983 Page 19 the City of Corpus Christi to move forward to do something for tourism and to provide additional jobs. He stated that he felt that the landmass will attract citizens to the City and he is opposed to a referendum on the issue. He stated that he would hope that minority contractors and business operators would have an opportunity to have a part of the landmass. He urged the Council to vote against the referendum. Mayor Jones informed Mr. Bonilla and other members of the audience that the City Council received a letter from Nueces Development Company establishing small and minority business participation goals in connection with the landmass project. Mr. Tom Matthews, 4429 Greensboro, spoke in favor of the landmass and against the referendum. Mr. George Prouse, 902 Dolphin, spoke in opposition to the landmass without a referendum. He expressed the opinion that tampering with the bayfront should be beyond the Council and should be done only after a vote of approval from the people of Corpus Christi. Mr. S. R. Alexander, 133 Alta Plaza, stated that a vote for this referendum is a vote to delay further the project that this City needs so badly. Mrs. Paula Butt, Chairman of the Aquarium Association, stated that her committee had received a great deal of support since it was announced that the aquarium would be located on the landmass. She expressed the opinion that the landmass is a wonderful location for the aquarium. Dr. Dean Banks, 225 Waverly, noted that the only question before the Council today is whether the public will have the right to vote on the landmass. He stated that they are only asking for due process of law by providing the utes _gular Council Meeting September 14, 1983 Page 20 right of a referendum. He quoted from the City Charter and questioned the legality of the Council approving the landmass without a referendum. He also noted that the contract will not be effective until an environmental statement has been prepared. Mr. Hank Snyder, 3632 Ocean Drive, stated that he has been involved in the landmass issue since Sasaki/Walker provided their comments. He stated that he is in favor of it and is opposed to a referendum. Mr. Leo Guess, President of and representing the Building Trades which is comprised of 8,000 to 10,000 working people, stated that they are 100% in favor of this project. He stated that he felt that there is a need for some project to generate jobs for the young people. He also urged that local contractors be employed for the construction of the landmass. Mr. Joe Adame, 1518 Graham Road, urged approval of the project immediately. Mr. Galen Westwick, speaking on behalf of OPUS, expressed approval of the referendum in November. He referred to the contract and stated that he has had several attorneys examine the document and they feel that the City is not properly protected. Mr. Frank Hankins, 721 Crestview, objected to the portion of the contract referring to the boat slips on the public marina. He referred in particular to the phrase "the lessee or assigns have the right to construct boating facilities on these tracts and to set such rentals and considerations as lessee shall see fit." He questioned their being allowed to set prices with no ceiling at all as if this were a completely private marina development. He referred to the sentence that indicated that the City shall not be reimbursed for normal municipal marina security and inquired about the reason for this. rtes aular Council Meeting September 14, 1983 Page 21 Council Member Slavik indicated that she, too, would like to have answers to those questions, and Mayor Jones stated that answers will be provide to Mr. Hankins' questions. Mrs. Sylvia Gulley, 4044 Magee Lane, referred to the petition that Council Member Slavik had mentioned and stated that she remembered very well when the petition was presented, which was in March. She stated that at that time the Council was not even considering the landmass, but instead were considering locating City Hall and the Library on Shoreline, and in her opinion, the petition actually addressed issues other than the landmass. Mrs. Gulley pointed out that this is actually the fourth landmass that was originally planned when the T -Heads were constructed, but it was not constructed because of insufficient funds. Mrs. Gulley pointed out that the citizens elected the Council Members to make decisions and she felt that it was really just a very small group of people who have spoken in opposition to the landmass. She expressed the opinion that the landmass is definitely needed for the improvement of the entire City and to complement the Convention Center. She reminded the Council that the City has a beautiful Convention Center, which probably cost the City an additional $6 million because of the many delays before it was actually approved. Mr. David Bonilla, 5610 Brockton, spoke in opposition to a referendum because of a waste of time and money. He stated that this particular Council has the opportunity to be one of the strongest in the history of the City and the electorate gave them the opportunity to serve. He expressed the opinion that this project is for the entire community; it will help the Hispanics, Blacks and Anglos; and he is in favor of it because it will improve the City's economy. ites jular Council Meeting September 14, 1983 Page 22 Mr. Alvarez, 4329 Devon, stated that he agrees with Mrs. Slavik that there should be a referendum because the citizens should have the opportunity to vote on capital improvements. Mr. Mike Zepeda, 4533 Townsend, encouraged the Council to go ahead with the landmass without a referendum because there is the need to provide tourist attractions. He suggested, however, that the height of the building be very carefully considered and urged that local contractors be employed to construct the landmass. Mrs. Ann Bright stated that she is speaking in favor of the referendum because the people should have the opportunity to vote on something that will be such a permanent part of the City. Mrs. Susan Taft expressed the opinion that the referendum issue is a contrived one to delay the project and urged that the Council exercise their right to make decisions. Mr. Paul Smith stated that he is in favor of a referendum. Mr. Mark Johnstone, 5517 Wooldridge Road, spoke in favor of the landmass and in opposition to the referendum. Mr. John Neat, 449 Atlantic, stated that he is a new resident who has moved here from the west coast. He expressed the opinion that projects in that area were built and are enjoyed by everyone. He stated that this City needs something to attract tourists. He expressed the opinion that if the Council votes to conduct a referendum, only about 5% of the people will bother to vote and it will only be the few who were opposed to it. Mr. Jack Gordy, 5802 Everhart, stated that he is not against the landmass but he felt there should be a referendum, since this is a major issue. He also rtes jular Council Meeting September 14, 1983 Page 23 pointed out that the cost of the election in November would be divided with the County and would not be as costly as has been indicated. Mr. Brad Lomax, 4325 Ocean Drive, stated that he is in the process of opening a restaurant in downtown Corpus Christi. He reminded the Council of the great progress that has occurred in San Antonio after the River was improved. He stated that people in other cities are extremely interested in the proposed landmass. He pointed out that there have been many hearings on this issue already and urged that the referendum not be called. Mr. Lomax then expressed the opinion that any indecision on the part of the Council would kill the landmass project. Mrs. Gail Neat, 449 Atlantic, expressed the opinion that the Council is capable of making their own decisions and urged that they do their jobs. Mr. Raul Vasquez, Jr., member of the Corpus Christi Tourist Bureau, stated that the Bureau supports this project. He stated, however, that he felt that the structure planned should not be more than one-story in height. He also stated that he has questions about the proposed tenants of the shops. He stated that he felt however that the Council could make the decision on the landmass, but if the Council has questions about it, then it should be placed on a referendum. Mrs. Kay Jackson, 221 .Jackson Place, classified herself as one of the "silent majority". She stated that she felt this is a very important step in the growth of the City. Mrs. Jackson also pointed out that no matter what issues are before the Council, there will be people opposed to them. She referred to previous projects by the City many years ago which were also opposed by a taxpayer's association and she felt that further delay would just be time wasted. She urged the Council to make a decision. rtes 1._gular Council Meeting September 14, 1983 Page 25 Mr. Torn Hunt, Sr., 75 Townhouse Lane, stated that it is unfortunate that the working people could not be here because of the time the hearing is being conducted. He noted that during the election every one of the Council Members indicated that they would allow the people to vote on major projects and he felt that the people should be allowed to vote on the landmass. Mr. Larry Tucker stated that he thought this whole matter had been resolved. He noted that most real estate developers will tell anyone that this would be a very poor location for a shopping center. He noted that there have been comments that the Council does not have faith in the voters, but he pointed out that the citizens elected people to represent them and to make decisions. He urged that the landmass be approved and that a referendum not be conducted. Mr. Lewis Lovelace, 1549 Casa Grande, also expressed the opinion that those who want to move forward with the landmass are afraid of how the people will vote. He stated that there should have been a referendum before the project progressed this far. Mr. Jack Powers, 302 Cape Aaron, stated that he is in favor of the landmass and he was of the opinion that the architectural concept of the entire program would add more sparkle to the City. He also supports it from the standpoint of the Aquarium Association and everyone associated with that project. Council Member Slavik stated that there has been some concern expressed about maintenance of the Aquarium area of the landmass and she questioned whether or not the income generated by the Aquarium would be adequate to provide maintenance. She then questioned what would be done if the City did not have the funds for maintenance. rtes jular Council Meeting September 14, 1983 Page 26 Mr. Powers stated that he had no question that the citizens would support the Aquarium and there would be funds for maintenance. No one else spoke in regard to the landmass. Mayer Pro Tem Turner expressed appreciation for the opportunity to hear the public comments on the project. She expressed her interest in the landfill which goes back a number of years. She stated that she is very comfortable with the idea that the landmass is a favorable project and she will vote to deny the motion to call a referendum and would like to move forward with the project. Council Member McComb responded to some statements made concerning their position during the campaign. He stated that he had indicated that he would listen to the proposals for a referendum. He stated that he does not agree with everything in the contract and the contract can be cancelled up until September 30, 1983. He stated that the question of a referendum is not necessary because the Council should make that decision. Council Member Hawkins stated that the proposed referendum is on a contract which is 30 pages long and which attorneys have had difficulty interpreting. He stated that he had previously had a lot of questions on the contract which he opposed until most of those had been resolved. He concluded his remarks by stating that the benefits to be derived from the landmass far outweigh the disadvantages. Council Member Guerrero noted that it is easy to criticize, but there have been public hearings and during those hearings, a majority of the people have approved the landmass. He noted that the developers have worked very well with the City on the contract; they have agreed to hire minority contractors; and he plans to vote against conducting a referendum. ites jular Council Meeting September 14, 1983 Page 27 Council Member Eerlanga reminded everyone that he has always advocated the landmass and he has not changed his mind. He stated that he is in favor of it because it will enhance the City and the Bayfront; it will create jobs; the landmass will attract tourists; and additional jobs will be generated. Council Member Mendez stated that he has a few concerns about the landmass and during the campaign he indicated that he was against a referendum. He stated that he previously had questions about the contract, but after meeting with Mr. Joe Gardner, he had been provided with answers to his questions and mentioned in particular the hiring of minority contractors. He urged that everyone keep in mind the large number of jobs that will be created and the studies conducted which indicate that the landmass will provide a family oriented atmosphere that tourists and residents alike can enjoy. Council Member Slavik stated that she had always indicated that she was in favor of a referendum on the landmass; she campaigned on that issue; and reminded everyone that she had easily defeated her opponent possibly because of her stand on a referendum for a landmass. Mrs. Slavik pointed out that she felt that she had to speak for the people who were opposed to the landmass and expressed the opinion that the staff should have prepared an overlay so that everyone could visually see exactly what the landmass will look like. She objected to the proposed buildings which will be three -stories high and would not be appropriate for the bayfront. She also expressed concern that the aquarium may not be accessible and may be empty and the City will have to take over the maintenance of it. She also pointed out that the merchants downtown will have to compete with the owners on the landmass. She assured the members of the audience that she is on the Council to serve the citizens and she will do everything possible to get more jobs for this City. ites pular Council Meeting September 14, 1983 Page 28 Mayor Jones called for the vote on the motion to conduct a referendum on the landmass. Council Member Berlanga then withdrew his second to Mrs. Slavik's motion. Council Member Kennedy seconded the motion and it failed to pass by the following vote: Slavik voting "aye"; Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb and Mendez voting "no". A motion was made by Council Member Kennedy that this Council go on record as endorsing the ground lease agreement with Bayfront Associates as amended during the morning workshop meeting, explaining that the amendments included codicils in the form of letters from the developers to the effect that minority contractors would be employed in the construction and that an outside engineering firm would perform the inspections. The motion was seconded by Council Member Guerrero. City Manager Martin pointed out that the contract has not actually been amended, but there were two letters that could be considered as codicils. Council Member McComb stated that he felt that there are some questions to be answered and he would prefer to wait until September 30, 1983 to approve the contract. Council Member Slavik pointed out that she had requested that the staff check on boat slips in the Marina and she felt the question should be answered. Mayor Jones called for the vote on the motion and it passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb and Mendez voting "aye"; Slavik voting "no". * * * * * * * * * * Mayor Jones called for the Report by the City Manager. ites uular Council Meeting September 14, 1983 Page 29 Deputy City Manager Ernest Briones stated that there is a need to have a joint meeting of the Executive Committee of the Private Industry Council for a presentation by the National Alliance of Business on the Jobs Training Program Act and the role of the private sector. Discussion followed in regard to a convenient time for the joint meeting and the date of September 28, 1983 at 11:30 a.m. for a luncheon meeting was established. * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not listed on the agenda. Mr. Noe Morin registered a complaint in regard to electrical inspectors and their inability to arrest someone who is performing illegal electrical work. Assistant City Manager Hennings explained that Mr. Morin is referring to a case that occurred the preceding day when the Chief Electrical Inspector found a person performing electrical work without a permit. He informed the Council that that person and his employer had been to City Hall that morning to straighten out their records. He stated that it was suggested that they go to Municipal Court to file a guilty plea of illegally performing electrical work. He explained that the City can file charges against them for violations. Mr. Morin stated that he had never heard of a case where anyone violating the code was found guilty. Mayor Jones informed Mr. Morin that the Council is considering passing an ordinance amending the Electrical Code. City Manager Martin explained that Mr. Morin is referring to a matter that is a violation of the Code and agreed that it is very frustrating in that often the case is dismissed and no one suffers from the consequences except the public. rtes jular Council Meeting September 14, 1983 Page 30 Council Member Berlanga suggested that there should be ways of enforcing the City regulations because offenders are not paying their penalty and offenses are repeated. City Manager Martin explained that offenders could be arrested but the system is very frustrating in that penalties must be taken through the criminal procedures. On another matter, Mayor Pro Tem Turner asked for specific information about opening the Industrial Park, noting that it has very few lessees. Mayor Jones stated that he had requested Melvyn Klein to come before the Council for a briefing on the park. Mayor Pro Tern Turner stated that she is concerned about the City's Industrial Park and the requirements for occupancy. Mayor Jones stated that there was a question of relaxation of the standards but the board felt that they should adhere to the established standards because they want to attract high technical industries. Mayor Pro Tem Turner stated that she would like to have the guidelines for occupancy in the park. City Manager Martin stated that three of the lots have been sold and about twelve have been platted. City Manager Martin informed the Council that there is another related issue that he would like to present to the Council, explaining that the City has learned of some interests by a group of business people and neighborhoods who want to get involved in rehabilitation activities and the Council might wish to consider the use of IRB's for business development, which the staff feels will be appropriate use. utes jular Council Meeting September 14, 1983 Page 31 There being no further business to come before the Council, on motion by Council Member Mendez, seconded by Council Member Kennedy and passed unanimously, the Regular Council Meeting was adjourned at 5:55 p.m., September 15, 1983. DZ/tb