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HomeMy WebLinkAboutMinutes City Council - 09/21/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 21, 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 Kennedy, Jr. Joe McComb Mary Pat Slavik ABSENT: Council Member Frank Mendez City Manager Edward A. Martin Assistant City Attorney Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend Monte Nabors of Trinity Church of the Nazarene, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member David Berlanga, Sr. 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 Meeting of September 14, 1983 be approved as presented; seconded by Council Member Mary Pat Slavik; and passed unanimously. A motion was made by Mayor Pro Tem Turner that Council Member Frank Mendez, who was out of the country on City business, be excused for just cause; seconded by Council Member Guerrero; and passed unanimously. SEP 10191 MLCROEILMED rtes uular Council Meeting September 21, 1983 Page 2 Mayor Jones then presented 30 -year pins to the following employees: NAME DEPARTMENT POSITION Miguel P. Garza Street Rosalio Cruz Water Equipment Operator Water System Foreman Also eligible to receive 30 -year pins but unable to attend the meeting were the following employees: NAME DEPARTMENT POSITION Waldorf A. Scholl Fire Captain James W. Thompson, Jr. Police Senior Officer Elizabeth Seastrum Purchasing Account Clerk * * * * * * * * * * * Mayor Jones announced bid opening on the following engineering project: Taxiway and Runway Improvements at the Airport. The proposed work consists of constructing taxiway fillets (enlarged turning radius) at six locations on the airfield, a 500 foot long taxiway extension, a taxiway connector to the Van Dusen Ramp and major reconstruction and overlay, striping and grooving of Runway 13-31. An FAA grant has been received for a portion of the work and a request for additional grant funds will be submitted after bids are received. Assistant City Manager James K. Lontos explained the project noting that it includes the reconstruction of the east west runway, extension of the ramp, widening of the pavement around the connections between the taxiway and runway called "fillets", and explained that there are a number of options or bid combinations. He stated that the City hopes to have a grant offer from Federal Aviation Administration next week and that the contract could be awarded on any combination of bids. Mr. Lontos then opened bids on this project from the following companies: South Texas Construction Company and Heldenfels Brothers, Inc. He also opened a bid from M. U., Inc. for the grooving only. Mayor Jones inquired as to why there were only two bids, and Mr. Lontos explained that this is very specialized work. City Manager Martin also noted that the Staff did not expect any more bids because runway work requires very special equipment. * Council Member Herbert Hawkins, Jr. arrived at the meeting at 2:25 p.m. tes jular Council Meeting September 21, 1983 Page 3 * * * * * * * * * * * * Mayor Jones called for Action of the Council from the Workshop Session on the following items: 1. Resolution with respect to the destruction of a civilian airliner by the U.S.S.R. Mayor Jones read the resolution. A motion was made by Mayor Fro Tem Turner that the foregoing resolution be approved, seconded by Council Member Slavik and passed unanimously. 2. Appointing Jack Hunter as Chief Presiding Municipal Court Judge, Bill Monkres, Jose Garza and Paula Waddle as Municipal Court Judges and Anita Garza as Municipal Court Clerk. A motion was made by Mayor Pro Tem Turner that the foregoing appointments be confirmed, seconded by Council Member Leo Guerrero and passed unanimously. * * * * * * * * * * * * Mayor Jones called for Consideration of the Consent Motions on the following items: 1. Bids be received October 11, 1983 for an annual supply agreement for pipe repair clamps, steel coupling and PVC coupling repair clamps to be used by the Gas and Water Divisions. Estimated expenditure is $96,000. 2. Bids be received October 11, 1983 for an annual supply agreement for cast iron foundry items to be used by Water, Gas, Street and Wastewater. Estimated expenditure is $105,000. The agreement includes such items as meter and valve boxes and lids, manhole rings and covers and inlet frames and grates. 3. Bids be received October 11, 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. 4. Plans and specifications for the Pedestrian Crossing at Peoples Street and Shoreline Drive be approved and bids for this work be received on October 19, 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. ates . _gular Council Meeting September 21, 1983 Page 4 5. Plans and specifications for the Retta Drive Sanitary Sewer Extension project be approved and bids be received on October 19, 1983. This project provides for the construction of a sanitary sewer extension along Retta Drive from Montreal Drive to Glenoak Drive in the Flour Bluff portion of the City. 6. Approving plans and specifications for Timon Boulevard Median Landscaping and authorizing the receipt of bids on October 19, 1983. The project includes approximately 146 palm trees, topsoil, seeding and irrigation. It is one of the projects included in the 1982 Bond Program. 7. Change Order No. 2 for $8,617.50 to the Washington -Coles Area Street Improvements, Phase III be approved. This provides for caliche base work under San Luis and Parker Alley and construction of a retaining wall on Chipito Street. 10. Authorizing the City Manager to execute a contract with the Texas Department of Health to continue the special supplementary food program for women, infants and children during the year October 1, 1983, through September 30, 1984. No local funds are involved. 11. The contract between the City of Corpus Christi and the Texas Department of dater Resources be renewed to provide services from the Health Department Laboratory for water analysis for the year beginning September 1, 1983. The State reimburses the City for these services. Council Member Kennedy referred to items 3 and 4 pertaining to the style of traffic signal lights, furniture and equipment and asked if any other styles were available. City Manager Martin explained that the Staff had contacted some landscape design firms and learned that the basic type are the only ones available and there are no additional companies that manufacture this product in a different style. Mayor Jones referred to item 10 and inquired if no local funds are involved why the City has to approve this. City Manager Martin explained that the City contracts with the State and it is a performance type of agreement; therefore, the City needs to contract for these services. There were no comments from members of the audience on the foregoing items. A motion was made by Mayor Pro Tem Turner that the Consent Items 1 through 11 be approved, seconded by Council Member Guerrero and passed unanimously by those present and voting. utes _guitar Council Meeting September 21, 1983 Page 5 * * * * * * * * Mayor Jones called for Consideration of the Consent Ordinances listed as items 12 through 24. City Secretary Read suggested that the resolution previously approved be listed as No. 24a. Mayor Jones referred to Ordinance 15 and inquired as to why these tracts 9, 10 and 13 were selected for the clean-up program through this appropriation. Assistant City Manager Tom Utter explained that the City has just completed the clean-up of Census Tracts 4 and 5; it was a very successful program; these are neighborhoods that need some attention; and they feel that a very good clean-up of the area will benefit the entire community. Council Member Kennedy inquired as to what percentages of the funds are designated for mowing and cleaning up, and Mr. Utter replied that a majority of the improvements in Census Tracts 4 and 5 were for cleaning up but there was some demolition involved also. He stated that the Staff hopes that additional pride has been generated in the neighborhood and that the same thing will occur in Census Tracts 9, 10 and 13. Council Member Kennedy requested a visual report in the form of photographs be made of the improvements in these census tracts prior to the clean-up and after the clean-up. Mayor Pro Tem Turner inquired if there were any provisions for continuing improvements in of the area, and Mr. Utter replied that the Staff was of the opinicn that now that everything has been cleaned up, it will be easier for Neighborhood Improvement Division to identify areas that need their services. Mr. Utter also noted that one of the activities of the new Clean Community System will be to encourage volunteer neighborhood clean-up. City Manager Martin interjected that it is not the City's responsibility to clean up private properties; it is the City's responsibility to clean-up public property; but the Clean Community System will encourage residents to keep their own areas in good condition. He stated that the Staff would like to target these particular neighborhoods for a business development program through the use of "IRB's" because they feel that this will provide a tool that will protect the residents and inspire the neighborhood. Mayor Pro Tem Turner referred to item 16 and asked for an explanation of the arrangements with the Boys' Club. Mr. Utter explained that the City is providing programs for the public at the Boys' Club and Staff personnel supervise the programs. ites . jular Council Meeting September 21, 1983 Page 6 City Manager Martin provided a further explanation by stating that the Boys' Club is obligated under a complicated grant to maintain the level of the activities and the City has assisted them in the program. He noted that if the City discontinued that assistance, the Boys' Club would have difficulty in meeting the required standards. City Manager Martin referred to item 13 and stated that there is a need for the Council to set the time and place for the public hearing on preliminary assessments for the Furman School Area Street Improvements Phase I project. He stated that in the past, some have been held in the neighborhoods. Assistant City Manager Lontos pointed out that the Furman School Area is almost as close to City Hall as it is to the neighborhood school, T. G. Allen Elementary. A motion was made by Council Member Kennedy that the Furman School Area Street Improvements Phase I preliminary assessment hearing be conducted at 7:30 p.m. at City Hall in the Council Chamber on October 19th; seconded by Council Member Slavik; and passed unanimously. In a related matter, Council Member Kennedy referred to the City's current policy of street improvement assessments in the Community Development Block Grart areas and suggested that a policy be established. Council Member Guerrero suggested a special meeting for this purpose, and City Manager Martin noted that October 5, 1983 would be a good time and would be prior to the public hearing on the Furman School Area assessments. There were no comments from the audience on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 12. ORDINANCE NO. 17833: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Furman School Area Phase I 1. South Alameda Street, from Morgan Avenue to Agnes Street, 2. Tenth Street, from Craig Street to Mary Street, 3. Buford, Hancock, Coleman, Mary and Marguerite Streets, from Tenth Street to South Staples Street, 4. Park Street, from South Alameda Street to South Staples Street, and 5. Morris Street from Tenth Street to Alameda Street; 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 and Slavik voting, "Aye"; Mendez, "absent". ites , jular Council Meeting September 21, 1983 Page 7 13. ORDINANCE NO. 17834: APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: Furman School Area Phase I 1. South Alameda Street, from Morgan Avenue to Agnes Street, 2. Tenth Street, from Craig Street to Mary Street, 3. Buford, Hancock, Coleman, Mary and Marguerite Streets, from Tenth Street to South Staples Street, 4. Park Street, from South Alameda Street to South Staples Street, and 5. Morris Street from Tenth Street to Alameda Street; 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 19, 1983 AT 7:30 P.M., IN THE CITY COUNCIL CHAMBERS OF CITY HALL AT 302 SOUTH SHORELINE BOULEVARD; 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 and Slavik voting, "Aye"; Mendez, "absent". 14. ORDINANCE NO. 17836: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH OMNI/CORPUS CHRISTI, LTD. IN THE CONSTRUCTION OF LEXINGTON CENTER OUTFALL PROJECT; APPROPRIATING $190,755; 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 and Slavik voting, "Aye"; Mendez, "absent". 15. ORDINANCE NO. 17837: APPROPRIATING $60,000 FOR THE CLEAN-UP OF PUBLIC AND PRIVATE F'ROPERTIES PROJECT AND EXPANDING THE SCOPE OF THE PROJECT TO INCLUDE CENSUS TRACTS 9, 10 AND 13; 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 and Slavik voting, "Aye"; Mendez, "absent". lutes .gular Council Meeting September 21, 1983 Page 8 16. ORDINANCE NC. 17838: AUTHORIZING THE EXECUTION OF AN AGREEMENT TO RENEW THE AGREEMENT WITH THE BOYS CLUB FOR PARKING LOT CONSTRUCTION FOR THE PURPOSE OF ESTABLISHING START-UP AND COMPLETION DATES, AND SPECIFYING HOW AND UNDER WHAT CONDITIONS ADVANCES AND PROGRESS PAYMENTS WILL BE MADE FROM SEVENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; 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 and Slavik voting, "Aye"; Mendez, "absent". 17. SECOND 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 second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Guerrero, Flawk.irs, Kennedy, McComb and Slavik voting, "Aye"; Mendez, "absent". 18. SECOND 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 OF NOVEMBER 1, 1983. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkirs, Kennedy, McComb and Slavik voting, "Aye"; Mendez, "absent". 19. SECOND READING: AMENDING THE CITY CODE, SECTION 29-18, TO INCREASE THE FEE CHARGED BY MUNICIPAL COURT FOR THE ISSUANCE AND SERVICE OF A WARRANT OF ARREST FROM $5 to $25 EFFECTIVE OCTOBER 1, 1983. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb and Slavik voting, "Aye"; Mendez, "absent". tes pular Council Meeting September 21, 1983 Page 9 20. SECOND 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 second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb and Slavik voting, "Aye"; Mendez, "absent". 21. THIRD READING - ORDINANCE NO. 17839: AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE PADRE LITTLE LEAGUE FOR A TWO YEAR EXTENSION OF THE CURRENT LEASE FOR A TRACT GR A. PARCEL OUT OF THE HOLLY ROAD RESERVOIR FOR A RECREATIONAL AREA. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb and Slavik voting, "Aye"; Mendez, "absent". 22. THIRD READING - ORDINANCE NO. 17840: 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 third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb and Slavik voting, "Aye"; Mendez, "absent". 23. THIRD READING - ORDINANCE NO. 17841: 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 APE PERMITTED WORK; TO REQUIRE ANNUAL REGISTRATION OF ELECTRICAL CONTRACTORS; TO ESTABLISH RECIPROCAL LICENSE FILING FEES. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb and Slavik voting, "Aye"; Mendez, "absent". utes ...;gular Council Meeting September 21, 1983 Page 10 24. THIRD READING - ORDINANCE NO. 17842: 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 GF LAND CUT OF A 205.8 ACRE TRACT OF THE MARIANO L. DE HERRERA GRANT, ABSTRACT 606, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY ''VI T'1' JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ACJCINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb and Slavik voting, "Aye"; Mendez, "absent". 24a. ORDINANCE NO. 17843: WITH RESPECT TO THE DESTRUCTION OF A CIVILIAN AIRLINER BY THE SOVIET UNION; 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 and Slavik voting, "Aye"; Mendez,"absent". * * * * * * * * * * * Mayor Jones called for Action by Motion from the Regular Agenda. 25. Authorizing an agreement with Arthur J. Gallagher & Co. for a comprehensive package of insurance and services for buildings and contents, auto liability, general liability, worker's compensation, excess liability and other related coverages for a three-year term subject to annual renewals. This agreement increases the City's building and contents coverage from $65 million to $87 million, increases most liability limits from $15 million to $25 million, and provides for a reduction in total premiums of approximately $200,000 from the previous year. City Manager Martin explained the process that had been followed and stated that the Staff recommends an agreement with Arthur J. Gallagher & Company. Mayor Jones asked what is included in the public officials' liability. Mr. Al Hyman, Director of Safety and Risk Management, explained that the Council Members are protected acairst personal injury including defamation of character, invasion of privacy, etc. and to assure that they are not liable for actions which are taken by the Council. He noted that the coverage indemnifies the Council Members against an error in judgment. ites . .,ular Council Meeting September 21, 1983 Page 11 Mayor Jones noted that a consultant was employed and inquired about the cost for this service, and City Manager Martin stated that the cost was $4,700 which was paid from the insurance fund. Council Member Kennedy inquired if the amount of money in the insurance pool covers liability, and City Manager Martin replied that the City is still building up the fund on an annual basis. Mr. Hyman stated that the City is very close to the amount set in the original ordinance of approximately $2,000,000 and this will provide quite a bit of protection; therefore, he felt that the City is in a good position. He explained that this is the first time all of the City's policies will be combined and the insurance will be with Lloyds of London. Mayor Pro Tem Turner expressed the opinion that this is a very innovative idea which will save the City a great deal of money. 26. Extending the Agreement between the City of Corpus Christi and the Nueces County Rural Fire Prevention District #2 (Flour Bluff) to December 31, 1983, in the amount of $14,664. The current contract expired August 31, 1983. The extension will provide support for the District until tax revenue is available. The $14,664 is a pro -rata portion of $44,000 in the 1983-84 Budget for the District. City Manager Martin explained that this is to phase out the City's assistance with funds for the Flour Bluff Volunteer Fire Department until their tax funds are available. He assured the Council that the level of City's fire protection will not be changed. He also stated that the City's fire stations will work cooperatively with the Volunteer Fire Department. Council Member Slavik pointed out that approximately $29,000 will be available which was previously designated for funding for the Volunteer Fire Department and asked about the disposition of those funds. City Manager Martin explained that there will be a need to transfer those funds for other services in the Fire Department. Chief Ralph Rogers of the Fire Department explained that $118,000 will be generated through the tax method of financing at a rate of 2.014. He stated that the Annaville Volunteer Fire Department is funded by -a 24 tax, and it serves a much larger area than the Flour Bluff Volunteer Fire Department. City Secretary Read explained to the Council how the opinion poll was conducted by the proponents of the Volunteer Fire Department, noting that it was not an official election but strictly a referendum to obtain opinions. Chief Rogers eniphasized the fact that this City should never place itself in a position of depending upon Volunteer Fire Departments and City services should be improved as necessary in new areas. lutes :gular Council Meeting September 21, 1983 Page 12 A motion was made by Mayor Pro Tem Turner that items 25 and 26 he approved, seconded by Council Member Hawkins. Mayor Jones called for comments from the audience before taking the vote. Mr. Ronald McGee, 1434 Linnet, referred to item 26 and disagreed with Chief Rogers in that he was of the opinion that the City cannot handle the fires out in their area. He objected to paying taxes to the City for fire protection and to the County for funding for the Volunteer Fire Department. Mayor Jones called for the vote on the motion to approve items 25 and 26 and it passed by the following vote: Jones, Turner, Berlanga, Hawkins, Kennedy, McComb and Slavik voting, "Aye"; Mendez from the meeting; Guerrero, absent at the time the vote was taken. * * * * * * * * * * * * Niayor Jones called for Consideration of Ordinances from the Regular Agenda on items 27 through 30. In regard to Ordinance 27 granting a special permit for a five-plex for Mr. Ben Grande, Mr. Larry Wenger, Director of Planning, briefly reviewed the public hearing which was conducted on July 6, 1983 on this application. He pointed cut that the property is occupied by businesses on the front portion facing Agnes Street, and on the rear portion are two duplexes and one single-family dwelling. He explained that the requested "B-4" zoning would still not make the residential uses legal on the rear portion of the lot because that zoning does not allow a single-family residence and a duplex on the same lot. He explained that the Planning Commission had recommended a special permit on the rear portion and that the applicant has now submitted a site plan. Mr. Wenger pointed out to the Council that the 20% rule is also in effect which will require seven affirmative votes of the Council to approve the request. A motion was made by Council Member Berlanga that the special permit, in accordance with the submitted site plan be approved, seconded by Council Member Hawkins. City Secretary Read polled the Council for their vote on the ordinance and the following was passed: 27. ORDINANCE NC. 17844: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF BEN GRANDE BY GRANTING A SPECIAL COUNCIL PERMIT FOR A FIVEPLEX ON A PORTION OF LOT 2A, BLOCK 2, SEIKEL ADDITION; AND DECLARING AN EMERGENCY. The Charter Pule was suspended and the foregoing ordinance passed by the following vote; Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb and Slavik voting, "Aye"; Mendez, absent. utes ,:gular Council Meeting September 21, 1983 Page 13 City Manager Martin referred to Ordinance No. 28 which is the first reading of the ordinance amending the Code to extend the indemnification and legal representation afforded City employees to police and firemen and providing for certain rights, responsibilities and definitions pertaining to such indemnification. He explained that everyone in the City is covered by this portion of the Code but for some reason, a decision was made to exclude firemen and police officers and this recommendation is to include the police and fire personnel as well as other employees. Council Member Kennedy expressed the opinion that this is appropriate action because he felt that health issues and legal protection issues should not be a part of collective bargaining with the fire and police. City Secretary Read polled the Council for the vote on the Ordinance 28 and it passed as follows: 28. FIRST READING: AMENDING THE CODE OF ORDINANCES SECTION 39-16 TO PROVIDE FOR INDEMNIFICATION AND LEGAL REPRESENTATION OF CITY OFFICERS AND EMPLOYEES. 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 and Slavik voting, "Aye"; Mendez, absent. City Manager Martin referred to Ordinances No. 29 and 30, both of which are first readings amending the Code and amending the 1983-84 Budget pertaining to increasing slip rental rates for the Marina. As background information, Mr. Martin informed the Council that during the budget discussions, the Council indicated that the Staff should look at certain items on which the user fees might be increased to make the activities self-supporting, and that is the reason they considered increasing the rentals for the Marina. He explained that they also examined the budget amendment with the assumption that charges will be increased and they are of the opinion that the additional charges will allow the Marina to be completely self-supporting. Mayor Pro Tern Turner inquired about the meaning of self-supporting enterprise fund, and Mr. Martin replied that it is a different form of accounting such as self-sustaining funds. Mayor Pro Tem Turner stated that she agrees that the operating costs should be increased but questioned the necessity to include debt service in the Marina fund. City Manager Martin explained that there is a necessity to pay past debt service that was incurred for the construction of improvements to the marina. He assured the Council that it is related to the marina altogether and is a liability of the marina activity. He explained that the user will derive direct benefit from those previous improvements. rtes 3ular Council Mating 71 1993 «; t r.t City Manager Utter interjected that the Marina Bayfront Plan was not included in that fund and all of the funds are from the 1977 Bond Fund which were for the construction of slips and piers. Mr. Utter continued his explanation by stating that the Staff plans to use Marina personnel for security and there is only one person on duty all night and they hoped to improve the maintenance and security of the marina through the funds that are derived from the increases. Mayor Pro Tem Turner explained that some of the users have contacted her and indicated that they would not object to paying increased costs if all of the money would be used for better security and maintenance of the marina. Mayor Pro Tem Turner inquired if there is any area in the City in which the City is charging user fees but in which the indebtedness is not included in that fund, and Mr. Martin stated that there are in areas such as tennis courts, swimming pools, etc. He pointed out that there are lots of facilities that are not supported by user fees. Mayor Pro Tem Turner stated that if debt service were not included in the fund, the increase would not have to be so great or better security and service could be provided from the revenue derived. Council Member Kennedy indicated his concurrence with Mayor Pro Tem Turner and stated that if the users are going to have to pay more, they should have better security and better maintenance. Ciscussion followed on how to provide Netter security at the marina. Mr. Bob Bruner, Marina Superintendent, explained that most of the Marina personnel know the boat owners well and if there is a question of guests, the Marina personnel can make phone calls to see if those people have reason to be on the finger piers. Council Member Kennedy again expressed concern about the increase in slip rental rate for pleasure craft and asked for an estimate of the amount of increase. Mr. Bruner then referred to boats of 22' to 28', which would cover about one-third of the lessees, and stated that the cost now without electricity is about $39 a month which will be increased to from $54 to $57 a month. City Manager Utter pointed out that marinas all over Texas charge more than this City and suggested that the Council examine the comparison of charges in various cities and at 9Q per square foot, the City would still be in a favorable position compared to other cities in Texas and in this area also. Mayor Pro Tem Turner stated that she would like to see the elimination of the debt service to be included in this Marina fund. She agreed that the Marina needs the additional funds but it should all be spent on maintenance and security. utes .agular Council Meeting September 21, 1983 Page 15 Council Member Slavik indicated that she agreed that the 94 per square foot charge is reasonable. Council Member Hawkins stated that the Marina is an area that is getting a lot of attention from the City and mentioned some of the planned improvements and the methods of obtaining funds through tax increment financing, etc. He pointed out that people who pay their gas bills, water bills, etc. also have to pay "in lieu of and franchise taxes", yet there is some objection to having this included in the Marina fund. He expressed the opinion that the Council should move forward to approve this increase. Council Member Kennedy expressed the opinion that the City should consider some kind of a phase-in increase and that the money go to the debt service only after a second phased -in has occurred. Mr. John Stensland, Member of the Marina Board, stated that he would like to address the Council as an individual. He reminded the Council that during the budget hearings, Council Member Hawkins was told that the Marina fund is short by about $50,000. He expressed the opinion that a 34 increase across the board is not equitable because the Board recommended a larger increase for charter boats. He pointed out that if 34 is added to each rate for pleasure, shrimp boats and charter boats, there will no longer be much difference in the figures. Mrs. Charlene Forrest, Commodore of the Eay Yacht Club, spoke on behalf of the members of that organization and stated that the slip tenants are not opposed to paying their own way to become self-supporting and self-sufficient but they do object to picking up a debt that existed before the City Council gave the direction to increase the Marina fund. Mrs. Forrest then gave the following proposal: (1) The $78,178 per year debt service be removed from the Marina budget and (2) all other monies budgeted for the dredging fund, certificates of obligation, personnel increases, reserve fund and surcharge for electricity be maintained at the proposed levels. She expressed the opinion that these objectives can be obtained through a 14 increase and still enable the Marina budget to provide the funds for what is planned. Mr. Quentin Cook, 913 Detainee stated that he was of the opinion that the Marina is a site that belongs to the people of Corpus Christi and many citizens enjoy the activities of the Marina, not just the slip tenants. He expressed the opinion that the bond election of 1977 was approved by the people of Corpus Christi and obviously, they want the City to improve the marina and do not object to paying for it. He stated that he did not believe that the marina will ever be self-supporting and he did not feel that the boat owners should have to pay debt service for bonds approved by the entire City. Mr. Cook noted that tes kogular Council Meeting September 21, 1983 Page 16 the amount discussed is about $41,000 increase in revenue and 24 of each 3t increase will go to debt service. He stated that he did not object to paying an increase in slip rental but he does object to paying debt service. Mr. Richard Durham addressed the Council as a boat owner and stated that he also enjoys the marina as a tourist attraction. He suggested that if debt service is going to be included in the marina budget, other areas should be examined such as parks, swimming pools, tennis courts, golf courses, etc. to see if they are all self-supporting. He also recommended that at the time appointments to the Marina Board are considered, the Council be sure that they are boat owners. Mrs. Melody Purser informed the Council that the marina rates presently charged are competitive with the public marina rates in this area. She agreed that the private marinas do charge more but they provide better security and maintenance. Mr. Paul Earls, 4433 Dclphin, expressed the opinion that the City's marina is one of the nicest facilities on the Gulf Coast. He pointed out, however, that the facility is open to the entire community and everyone enjoys walking on the rr.arir.a even if they do riot own a boat. He stated that the reasons given for increasing the rates are the same this year as they have always been in the past but improved security and improved maintenance have never occurred. Mr. Hark Snyder expressed the opinion that the marina rates are much too low. He pointed out that the City Staff made a comprehensive survey of marina rates all over the State and our pleasure beat rates are quite low; the charter boat rates ‘..sere too high comparatively speaking; and he felt that a 3% increase is reasonable. Mr. Willie Costro, 6017 Ccean Drive, expressed the opinion that the boat owners have a good bargain and if they want to have their boat there, they should have to pay for it. Mr. James Warren, 6901 South Haven, stated that he has a 30' sailboat but he does not own a house because he preferred to invest his money in a boat which he thoroughly enjoys. He noted that he does pay taxes with his rent, however, and expressed the opinion that all boat owners pay taxes. He stated that boat owners should not have to pay all of the expenses of the marina because it is enjoyed by all citizens. - After further discussion, a motion was made by Council Member Kennedy that one-half of the proposed increase go into effect now and that all of the money generated from the increase be expended on better security, maintenance and a sinking fund and that debt service be excluded. The motion was seconded by Mayor Pro Tem Turner. jtes gular Council Meeting September 21, 1983 Page 17 Council Member Hawkins expressed opposition to the motion because this is a luxury item and the marina fees do not go into the general fund as other fees such as utilities. He pointed out that this is an area of the City that receives more benefits than any other and is an area where the users have a choice, whereas people paying utilities do not have a choice. Mr. Hawkins also pointed out that even with an increase of 3't, none of the monies go into the General Fund. Council Member Guerrero alsc expressed opposition to the motion because a boat owner is one by choice. He noted that if the Council does not support the Staffs reccmmended increase, the City will have to support the cost of the Marina. Council Member McComb stated that it was his understanding from one of the boat owners who had spoken that they do not object to the rate increase if the money gees back into the Marina fund. He stated that he did not know whether the debt service should be included in the Marina budget cr not but in his opinion, one-half of the increase now would not be ample enough to provide maintenance and increased security. He stated that he did not support the motion to change the rate to one-half of the recommended increase; he supports the Staff's recommendation for the increase; but he did not necessarily feel that the debt service should be included in the expenditures. Council Member Kennedy stated that he felt that every quality of life could be compared to other amusements and entertainment that the City has available. He reiterated that he felt that the suggested increase is excessive, but if his motion is not going to pass, he would vote for the entire increase if the bond indebtedness is removed from the fund. Mayor Pro Tern Turner pointed out that the City Council all are interested in having the Marina supported by user fees, but the indebtedness was approved by all of the citizens and she did not think that the cost of the marina should have to be paid solely by the boat owners. She expressed the opinion that the additional funds generated should provide added security and maintenance. Council Member t'v1cComb offered an amendment to Cr. Kennedy's motion to support the Staff's recommendation for the increase with the elimination of the debt service from the Marina fund with the monies designated for maintenance, repairs and security for the Marina. Council Member Kennedy seconded the motion to amend. Council Member Slavik inquired about the reason the former Council included the debt service in this fund, and City Manager Martin replied that they did not. He explained that the Staff included the debt service because the Council previously asked that the Marina be self-sustaining and this is the approach that the Staff took to make it self-supporting. Utes i.egular Council Meeting September 21, 1983 Page 18 Council Member Berlanga stated that he felt that the City should consider the Marina on the basis of a recreational area, noting that the City has recreational centers that have to be subsidized and he saw no reason to place this burden on boat owners. He pointed out that the City is attempting to enhance the bayfront and the marina and questioned if the 3rr increase would really make the marina self-sustaining. City Manager Martin stated that the Staff estimates that it will, and Council Member Berlanga stated that he felt that the City should bear some of that expense. Mayor Jones called for the vote on the amended motion and it failed to pass by the following vote: Turner, Berlanga, Kennedy and McComb voting in favor; Jones, Guerrero, Hawkins and Slavik voting, "No"; Mendez, absent. A motion was made by Council Member Guerrero to accept the original Staff's recommendation including debt service in the Marina fund. City Manager Martin explained that Ordinance 29 increases the marina rates and Ordinance 30 indicates how the increases will be spent. City Secretary Read polled the Council for their vote on the ordinance increasing the rate and it passed as follows: 29. FIRST READING: AMENDING CHAPTER 12, BOATS, BAYS AND WATERWAYS, OF THE CITY CODE TO PROVIDE FOR NEW RATES AND FEES FOR 1n1E RENTAL OF BOAT SLIPS AND RELATED REGULATIONS THERETO; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE OF NOVEMBER 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 and Slavik voting, "Aye"; Mendez, absent. A motion was made by Council Member Kawkins that Ordinance 30 be tabled until next week, seconded by Council Member Guerrero. The motion failed to pass by the following vote: Berlanga, Guerrero and Hawkins voting, "Aye"; Jones, Turner, Kennedy, McComb and Stavik voting, "No"; Mendez, absent. City Secretary Read then polled the Council for their vote on Ordinance 30 which passed as follows: ites ,...gular Council Meeting September 21, 1983 Page 19 30. FIRST READING: AMENDING THE 1983-84 BUDGET FOR THE MARINA REVENUE FUND BY INCREASING ESTIMATED REVENUES IN THE AMOUNT OF $124,700 FROM $517,924 TO $642,624; INCREASING APPROPRIATIONS BY $124,700 FROM $513,533 to $638,233; AND AUTHORIZING THREE ADDITIONAL POSITIONS FOR NINE MONTHS IN THE FISCAL YEAR. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Berlanga, Guerrero, Hawkins McComb and Slavik voting, "Aye"; Turner and Kennedy, "No"; Mendez, "absent". * * * * * * * * * * * Mayor Jones called for the recessed public hearing on the following zoning application. 35. Application No. 783-3, Sun. Markets, Inc.: for a change of zoning from "B-1" Neighborhood Business District to "6-5" Primary Business District on Lots 1, 2 and 3, Block 2, Edgewater Terrace, located on the southeast corner of Ocean Drive and 5. Alameda Street. City Manager Martin informed the Council that it was his understanding that the applicant wished to request a delay of the decision on this zoning case. He informed the Council that the public hearing is still open and they may wish to decide how to proceed on this matter. Mr. Dave Evans, representing Sun Markets, Inc., addressed the Council and requested one week's delay on this application. He explained that they have had a little bit of communication problem and the developer and the architect are both out of the City. He explained that they also wanted to contact the people who are opposed to this and attempt to work something out. Assistant City Manager Tom Utter informed the Council that since the Planning Commission recommends denial, six affirmative votes will be required to grant the change of zoning. A motion was made by Council Member Guerrero that Sun Markets, Inc. be allowed one week's delay only; seconded by Council Member Berlanga. Council Member McComb inquired if the Council has granted extensions such as this before. He pointed out that he understood that there were a number of people who had arranged their schedules so that they could attend the meeting today who are in opposition to this zoning. City Manager Martin stated that he felt that it is important for the people who are in attendance to know that there is another zoning case in the same vicinity scheduled for a hearing on September 28 and they may wish to speak at that time on that case as well. jtes ...:pular Council Meeting September 21, 1983 Page 20 The motion to delay this application for one week only passed unanimously by those present and voting. A gentleman in the audience pointed out to the Council that at the time this hearing was conducted on August 24, the developer commented near the end of the meeting that he would like to get together with the property owners who are opposed to discuss the case. He stated that that was four weeks ago and the people have not been contacted yet. * * * * * * * * * * * * Mayor Jones announced the public hearing on the following street name change: 31. Coverdale Street to Widgeon Drive - this street is an extension of Widgeon Crive 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. City Secretary Read informed the Council that a petition was received in his office requesting that the name, Coverdale Street, be changed to Widgeon Drive. He pointed out that the streets line up almost perfectly and confusion exists because the street on one side is named Widgeon and the street on the other side is named Coverdale. He also explained to the Council that all departments concurred with the suggested street name change as well as the Post Office. Mr. Kevin McCoy, 2602 Widgeon, stated that there are thirteen families who live on that street; ten signed the petition and three did not. Mr. McCoy also explained that for the past five years, the street sign on Coverdale has actually been Widgeon Drive and those people who move there within that time have had their stationery, credit cards, etc. listed with the street name Widgeon. He stated that that is the reason they would like to have the legal street name changed to Widgeon Drive. No one else spoke in regard to this street name change. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. A motion was made by Council Member Slavik that Coverdale Street be changed to Widgeon Drive, seconded by Council Member Hawkins and passed unanimously. City Secretary Read polled the Council for the vote on the ordinance effecting the street name change and the following was passed: 31. ORDINANCE NO. 17845: CHANGING THE NAME OF COVERDALE STREET TO WIDGEON DRIVE; AND DECLARING AN EMERGENCY. ates Regular Council P✓leeting ::1 , 1 n.� J Tl.c CI ci'cr file v EE suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb and Slavik voting, "Aye"; Turner and Mendez, "absent". a: * * * * * * * * * * * Mayor Jones announced the public hearing on three zoning applications. 32. Application No. C883-12, City of Corpus Christi: for a change of zoning from "AT" Apartment Tourist District to "R-18" One -family Dwelling District on Lots 1, 2 and 3, Block 72, Galleon Bay, located ori the corner of Suntan Avenue and Aloha Street. Assistant City Manager Utter informed the Council that the request is for downzoning and the reason is that these lots were incorrectly zoned and single-family dwellings cannot be constructed in "AT" zoned property. He informed the Council that in response to the sixty-five notices of the public hearing, four in favor and one in opposition were returned and five from outside the area of notification were received expressing approval of the change of zoning. He stated that the Planning Commission recommends denial and in lieu thereof, that "R-2" zoning be approved. He stated that the City Staff also recommends "R-2" zoning which would allow those lots to be built upon. No one spoke in regard to this zoning application. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Guerrero 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: 32. ORDINANCE NO. 17846: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE CITY OF CORPUS CHRISTI BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 1, 2 AND 3, BLOCK 72, SECTION 2 PADRE ISLAND, FROM "AT" APARTMENT TOURIST DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb and Slavik voting, "Aye"; Turner and Mendez, "absent". * * * * * * * * * * * 33. Application No. 883-7, Seabreeze Enterprises, Inc.: for a change of zoning from "B-2" Bayfront Business District to "AT" Apartment Tourist District on Lots 2, 3 and 4, Section C, Padre Island, located on the west side of Leeward Drive, approximately 300' north of Whitecap Boulevard. tes Regular Council Meeting September 21 , 1983 Page 22 Mr. Utter informed the Council that in response to the seven notices of the public hearing, one in favor and none in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend approval. Mayor Jones ascertained that no one wished to speak 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 Zahn polled the Council for their vote on the ordinance and the following was passed: 33. ORDINANCE NO. 17847: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SEABREEZE ENTERPRISES, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 2, 3 AND 4, 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, Berlanga, Guerrero, Hawkins, Kennedy, McComb and Slavik voting, "Aye"; Turner and Mendez, "absent". * * * * * * * * * * * * 34. Application No. 883-3, U -Haul Company of South Texas: for a change of zoning from "A-2" Apartment House District with "-SP' Special Permit to "1-2" Light Industrial District, being 1.67± acre out of Lot 1, Block 1, Byron Willis Subdivision, located on the south side of McArdle Road, between Kathy and French Drives. Mr. Utter informed the Council that in response to the forty-eight notices of the public hearing, three in favor and seven in opposition had been returned and that both the Planning Commission and Planning Staff recommend denial. He explained that during the public hearing before the Planning Commission, they had discussed a special permit but had not recommended one. He informed the Council that the applicant today has submitted a revised site plan. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area and stated that the property is presently vacant because the existing company is going out of business. He pointed out a portion of the property that extends to McArdle Road and commented that it was an odd -shaped piece of property. Utes regular Council Meeting September 21, 1983 Page 23 Mr. Utter informed the Council that the Staff had not recomrnended a special permit but the site plan submitted today might possibly be acceptable. Mr. Wenger continued by stating that the Staff is of the opinion that the exact use of the buildings on the site plan should be labeled to protect the neighbors from excessive noise. He stated that it was his understanding that the applicant has discussed the changes on the site plan with the neighbors. Council Member Slavik expressed the opinion that the language in the ordinance should be specific to the effect that the back portion is used just for storage. Mr. Wenger stated that it is a little bit more than storage because they would like to perform same minor maintenance of the vehicles such as grease jobs and oil changes which would not be associated with very much noise. He stated that they also plan to insulate the building so that it will be sound proof. Council Member Berlanga inquired about the screening fence, and Mr. Wenger stated that they have a drawing of the fence on the site plan which also includes landscaping. Speaking on behalf of the applicant was Mr. Mike Pearl. He stated that they wanted to address the problems in the neighborhood and they discussed this with the neighbors noting that they do not really want "1-2" zoning because if the property is sold, it could have a more objectionable use. He stated that they would like to have a special permit, however, and he hoped they had arrived at a solution that would be acceptable to the property owners in the vicinity. He assured the Council that they will have no traffic going to McArdle and there will be no access from that street. He explained that the existing conditions are very bad and they plan to blacktop the area and clean it up as well as construct a fence and maintain it. He stated that they plan a 10 -foot high fence which will also act as a sound buffer and trees will be planted along the fence to help eliminate excessive noise. He assured the Council that there will be no major repairs or body work on the vehicles and there will be no engine overhauling because the major repair department is at their Chaparral location. He stated that they hoped to improve the area by providing lighting and security system. Mr. Pearl stated that he understands that there are three property owners who are still opposed to the request; several residents did not respond; but most of the people are no longer opposed to the special permit. Mayor Pro Tem Turner inquired if people who are opposed realize the density that would be allowed in the existing zoning of "A-2". Mr. Wenger stated that the property contains 1.6 acres and fifty to sixty apartments could be constructed there. Mr. Pearl then called on an engineer who tock noise readings to provide a report. Utes Regular Council Meeting September 21, 1983 Page 24 Mr. Louis Boatwright of Goldston Corporation stated that he had performed noise studies and ascertained that normal daytime traffic creates 55 to 59 decibels and the activities planned on this property will only increase this by 2 decibels. Speaking in favor of the change of zoning was Mr. Ted Schoenberg, 4926 French Street. Mr. Schoenberg explained that the property owners had met with U -Haul representatives and he is of the opinion that they have answered all of the reighbers' concerns and he would like to personally welcome them to the neighborhood. He stated that he was of the opinion that there should be some kind of activity at the rear of the property and this operation should improve the conditions in the neighborhood. He pointed out that if apartments are constructed there, the only access would be from McArdle which would greatly increase the traffic on their street. Speaking in opposition to the request was Mr. August M. Camiolini, 4930 French Drive. He stated that he was previously in favor of this application until he found out that there will be motor tuneups which, of course, will add noise to the neighborhood. Council Member Kennedy inquired of Mr. Damiolini if he would prefer fifty apartment units there, and Mr. Camiolini stated that he did not object to the U -Haul operation if they were not going to perform motor tuneups. Council Member Kennedy pointed out that the property fronts on Padre Island Drive and obviously, this type of operation is suitable for that street. Mr. Damiolini also expressed concern about the possibility of trucks going down French Drive. He urged that if the Council approves a special permit that the letter of agreement be included in the ordinance. Mr. Joe Adame addressed the Council as the representative of the seller of this property, Mr. 0. R. Flynn. He stated that a lumberyard has been operated at this location for many years and the neighborhood developed around the property. He noted that in the "A-2" Section, there are some nice buildings which could be used by U -Haul Company. Also speaking in favor of the application was Mr. Albert Lichenstein who is the agent for the purchaser of the property. He expressed the opinion that U -Haul has always operated a very clean business and he feels that it would be preferable to the lumberyard that is now in existence. He addressed the remarks made by Mr. Damiolini in regard to trucks being driven down French Drive and pointed out that this property is midway between Weber and Everhart and he doubted that anyone would go down McArdle if they could avoid it. He urged approval of a special permit. Mr. Pearl assured the Council that they would keep the promises made to the neighbors. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. .rtes kegular Council Meeting September 21, 1983 Page 25 A motion was made by Mayor Pro Tem Turner that the requested zoning of "1-2" be denied but in lieu thereof, that a special permit be approved according to the site plan submitted and the conditions included in the letter of agreement from U -Haul Company to the property owners. The motion was seconded by Council Member Berlanga and passed unanimously by these present and voting. Mr. Utter explained that the ordinance granting the special permit will be cn the agenda next week. * * * * * * * * * * * * Council Member Kennedy referred to the possibility of obtaining funds through the Municipal Arts Commission for permanent and existing art. Dr. Kennedy then made a motion that the information pertaining to the guidelines be forwarded to the Municipal Arts Commission so that the guidelines could be followed and additional funds could be obtained for permanent and existing art. The motion was seconded by Council Member Hawkins and passed unanimously. Council Member Guerrero requested that the Council consider designating the Ramos Home as a historical site and that it be moved on to the property designated for such establishments. City Manager Martin explained the procedure usually followed on the historical homes. Council Member Slavik referred to the ground lease agreement with Bayfront Associates and stated that she had received a large number of phone calls in regard to the lease. Mrs. Slavik then made a motion that the Staff request a legal opinion of the Attorney General as to whether the commercial buildings planned for the land mass actually serve a public purpose. Council Member Guerrero expressed the opinion that that is Mr. Joe Gardner's problem since he is Vice -President of Bayfront Associates. Council Member Hawkins seconded Mrs. Slavik's motion. Mayor Jones pointed out that there is language in the agreement that indicates that the developers must comply with existing laws and he did not feel it was necessary to obtain an opinion from the Attorney General. City Manager Martin informed the Council that the City cannot directly request a legal opinion from the Attorney General but it would have to be done by the County Attorney or a State Representative. Jtes Regular Council Meeting September 21, 1983 Page 26 Mayer Jones called for the vote on the motion and it failed to pass as follows: Hawkins and Slavik voting, "Aye"; Jones, Turner, Berlanga, Guerrero, Kennedy and McComb voting, "Nay"; Mendez, "absent". * * * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Delaine, Port Avenue, referred to an article in the Corpus Christi Caller -Times in regard to the increase in fines for traffic violation. He objected to the tremendous increases and expressed the opinion that the Council is oppressing the citizens instead of assisting them because he felt that the increases were very unfair. Mayor Jones explained that those are the maximum fines allowed and the Municipal Court Judge has the option of levying the fines. Mr. David Montgomery stated that he had heard a speech by the City Manager to the effect that the City is "up" on development but he understands that the Engineering Department has discouraged a lot of developers by refusing to allow water taps until certain things have been accomplished. He expressed the opinion that this attitude is actually discouraging development. Council Member McComb informed Mr. Montgomery that the Council had discussed the preparation of a critical path formula packet to be prepared for developers so that they will be aware of exactly what is required and the proposed costs of such items. City Manager Martin stated that he would like for Mr. Montgomery to provide details of matters that had been discussed with the Engineering Department. Mr. Montgomery stated that the development was Villa del Sol, Unit I and also a development out en Leopard Street, both of which have had problems with the Engineering Department and their requiring unnecessary storm sewers, etc. He stated that the development on Leopard Street is called Leopard Square Shopping Center, and is located at the intersection of Violet Road. Council Member Kennedy assured Mr. Montgomery that the Staff will examine that particular complaint. Mr. Ronald McGee stated that he was very disappointed at the Council's priority list because he felt that decreases in utility rates should be the number one priority. He again asked for a complete investigation of the Public Utilities operation, particularly, as it concerns the use of the funds and the increases in franchise and in lieu of taxes which he feels have increased alarmingly. Council Member Hawkins informed Mr. McGee that utilities were on the list of priorities. utes Regular Council Meeting September 21, 1983 Page 27 Council Member McComb agreed that the Council could discuss this topic to see if the franchise and in lieu of taxes could be phased out. I -le also urged consideration of a marketing approach for the Gas Division to increase usage there. Council Member Guerrero made a motion that the marketing of gas be an item on the Workshop agenda, seconded by Mayor Pro Tem Turner and passed unanimously. There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Kennedy and passed unanimously, the Regular Council Meeting was adjourned at 7:08 p.m., September 21, 1983. DZ/rr * * * * * * * * * *