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HomeMy WebLinkAboutMinutes City Council - 09/28/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 28, 1983 2:00 P.M. Present Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members David Berlanga, Sr. City Manager Edward Martin Leo Guerrero City Attorney J. Bruce Aycock Herbert Hawkins, Jr. City Secretary Bill G. Read Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik Mayor Luther Jones called the meeting to order in the Council Chambers of City Hall. The invocation was given by the Reverend J. McCreeless of Westwood Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Betty N. Turner. 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. A motion was made by Council Member Mary Pat Slavik that the Minutes of the Regular Council Meeting of September 21, 1983 be approved as presented; seconded by Council Member Frank Mendez, and passed unanimously. The following proclamation was issued during the week: "National Respiratory Therapy Week" - September 25 - October 1, 1983. ********** Mayor Jones called for a presentation by Mrs. Henrietta Newberry from the Corpus Christi Citizens for the Retarded regarding the Annual Feet and Wheels Event. Mrs. Newberry expressed her appreciation to the past Council and welcomed the new members to the new Council. She explained that her organization's purpose in conducting fund raising events is to build a training in independent living center for the retarded and noted that it would be funded by voluntary donations and will not cost the City any funds. She explained SEP 1 9 1984 MICROFILMED Minutes Regular Council Meeting September 28, 1983 Page 2 the Feet and Wheels event which will be conducted on October 29, 1983 and asked that the Council join them in the event, noting that it will begin at 9:00 A.M. in Cole Park. At Mayor Jones' request, Mrs. Newberry informed the City Council that the MR Board of MHMR has a training center in Corpus Christi at 614 Mohawk which serves all of Nueces County. She stated that 55 people can be trained there but it is not adequate for all of the retarded in Corpus Christi. Mayor Jones elaborated by explaining some of the activities which the retarded can perform to become useful citizens of the community. ********** Mayor Jones announced the bid opening on the following item: THE CITY DEPOSITORY BID OPENING Mr. Charles Daley, Director of Finance, stated that the procedure is to request bids from local banks for the city depository for the next eighteen months. He explained that the banks were also asked to submit proposals for investment purposes only. Mr. Daley read bids from the following banking institutions for investment only: 1. First National Bank of Corpus Christi. 2. Corpus Christi National Bank. 3. Nueces National Bank. 4. Citizens State Bank of Corpus Christi. 5. International Bank of Corpus Christi. 6. First City Bank of Corpus Christi. He opened the only bid received for the city depository from Texas Commerce Bank of Corpus Christi. City Manager Martin noted that only one bid was received for the city depository and commented that evidently the City's requirements were too stringent. He explained that one flaw possibly in the proposal is that the City asked that they be allowed to deposit interest bearing money on a daily basis and the banks object to that. He explained other items in the requirements to which the banks might have objected and stated that one option that he would like to examine is the possibility of paying for the banks' services. He noted that there are probably only three banks in this City that are large enough to handle the depository for the City. es Regular Council Meeting September 28, 1983 Page 3 Discussion followed, and Council Member McComb pointed out that this is a highly technical procedure and he felt that the City staff should resolve the matter. Speaking from the audience was Mr. Richard King, Chairman of the Board of Corpus Christi National Bank, who called attention to the fact that they had submitted a letter with their bid stating the reasons they did not submit a bid for the City depository. Mr. Daley then read the letter which was submitted: Mr. King continued by stating that the proposal forms are significantly different from the usual procedure, and the bank made the decision that rather than submit something different from the application form required by the City, they would not submit a proposal. He stated that if there are any changes they would be interested in submitting a proposal to act as the City depository. Mr. Robert Gross, representing Texas Commerce Bank, pointed out that, "NOW accounts" are allowed in their bid and were not excluded. Mayor Pro Tem Turner asked Mr. Daley if they plan to go back and revise the proposal forms, and Mr. Daley indicated that they could. City Manager Martin stated that they would not have to do so because Texas Commerce Bank did submit a proposal to serve as the City depository. ********** Mayor Jones called for action of the Council from the workshop session on the following item: Adopting a motion setting a policy and requesting that an ordinance be prepared which states: a. Members of Boards and Commissions shall not serve more than six years consecutively unless the appointment is by virtue of position or title as the result of employment. b. Unless called for by ordinance, charter, or statute or unless the appointment is by virtue of position or title as the result of employment or some other unusual circumstance, a person shall not serve on more than one Board or Commission at the same time. c. Advisory, non-voting, members may be appointed to Boards or Commissions by the City Council and shall not be subject to these provisions. A motion was made by Council Member Leo Guerrero that the foregoing item be approved, seconded by Council Member Mendez and passed unanimously. Minutes Regular Council Meeting September 28, 1933 Page 4 City Manager Martin explained that the reason that the La Raza proposal for a runaway shelter is not on the agenda is because it will require an amendment to the Community Development Block Grant Application to transfer $200,000.00 in funds for that purpose. He explained that it will then be submitted to the Department of Housing and Urban Development and it will be on the agenda next week. City Manager Martin informed the Council that the Board and Commission appointments will be on the agenda next week and Mayor Jones explained the procedure followed. Council Member McComb asked that the Council packets of information on Boards and Commissions be delivered to them prior to the end of the meeting, and City Secretary Read assured him that they will be ready before the meeting is over. * * * * * * * * * * * Mayor Jones called for consideration of agenda on the following items: 1. Bids be received October 11, 1983 for a for leather palm work gloves to be used is $15,000.00. the motions from the Consent twelve months supply agreement by all Divisions. Estimated cost 2. Bids be received October 18, 1983 for ceiling and roof repairs at Lindale Recreation Center. Estimated $7,000.00. Funds to be made available through the Park Bond Fund. 3. Bids be received October 18, 1983, for a meal delivery service to provide 90 meals per day to recipients of Senior Community Services home -delivered meals program. City Manager Martin explained that the City will actually be receiving bids from some source other than the transit system to see if delivery service can be obtained from an outside source at a lesser cost. 4. Bids be received November 8, 1983 for one asphalt reclaimer, stabilizer, pulverizer for the Street Division. This equipment is specifically designed to pulverize and mix asphaltic road beds and base material creating a new base of higher bearing capacity to construct a new road surface. The equipment is included in the 1983-84 Budget. 5. Twelve month supply agreement for Rock Asphalt, Precoated Aggregate and Hydrated Lime used in the maintenance of streets to be purchased on low bid as follows: Mi s Rey...ar Council Meeting September 28, 1983 Page 5 Whites Mines, San Antonio, Texas: Item Item Item 1.1 Rock Asphalt, Type B $ 84,000.00 2.2 Precoated Aggregate, PE -4 170,544.00 2.4 Blackbase 29,750.00 $284,294.00 Azrock Industries, San Antonio, Texas: Item 1.2 Item 2.1 Item 2.3 Rock Asphalt, Type CC $ 6,150.00 Precoated Aggregate, PE -3 25,200.00 Precoated Aggregate, PE -6 12,000.00 $ 43,350.00 U. S. Gypsum, Dallas, Texas: Item 3.0 Hydrated Lime Grand Total - $ 71,760.00 $399,404.00 Prices have decreased 2-8% since last contract one year ago. Fourteen bid invitations were issued, eight bids were received. Approve authority to re -advertise and receive bids October 25, 1983, for a twelve months supply agreement for approximately 5,000 tons Type DD Rock Asphalt. This product is no longer produced locally and our bidders list is being expanded in an attempt to secure bids from other areas. 6. Nine hundred gallons of fire fighting foam be purchased for the Fire Department from Vallen Corporation on the basis of low bid meeting specifications for the amount of $12,582.00. The bid of $12,375 from Halprin Supply, Houston, Texas is not recommended because the foam is not compatible with existing stock of foam. Mixing of foam may result in the precipitation and stoppage of proportioning equipment. Nine bid invitations were issued, and five bids were received. 7. The Clarkwood Area project, be accepted $86,956.25, be made that a 14 -day time adjustments necessary Storm Sewer Laterals project, a 1982 bond election and final payment of $14,172.80, for a total of to Isles Construction Company. It is recommended extension be granted for delays due to utility to accommodate an underground pipe line. 8. Accepting a grant offer from the Federal Aviation Administration for the resurfacing, grooving and striping of Runway 13-31 at the Corpus Christi International Airport. Bids were received September 21, 1983 with Heldenfels Brothers, Inc. submitting the low bid. Minutes Regular Council Meeting Septembar Page 6 9. The Cit•_, Manager or tis designee be authorized to renew the Coastal Bend Counci! o,` Goverirne,nts` Elderly Nutrition Program contract, from October 1, 1983 to September 30, 1984. The program's budget is $499,814, which includes $254.959 for congregate meals, $55,943 for home -delivered meals, and $188,912 for social services. The City's share of funding is $24,189. The rest of the program funds come from County, State, Federal sources and from participant contributions. Program service levels will remain at the 1982-83 level. 10. The net tax collection roll in the amount of $5,063,247,162 be approved in accordance with Section 26.09(e) of the Property Tax Code. Under the new Property Tax Code, the law requires the Tax Collection Roll to be approved by the governing body of the taxing unit. *11. Approving settlement of Marks Tract Park dedication claim and authorizing the City Manager or his designated representative to execute all necessary documents. * Note: Withdrawn by the City Manager. City Manager Martin suggested that this item be delayed until a closed session can be conducted and the Council indicated their concurrence. 12. Approving the conditional acceptance of the historic McCampbell House from Billy G. Pugh on a donation basis, subject to the finding of a suitable non-profit group to relocate and rehabilitate the house in the Multicultural Center, and authorizing City staff to advertise for such proposals from non-profit groups. Mayor Pro Tem Turner requested a copy of the proposal submitted to the City for use of the McCampbell house. 13.** The following actions be taken on the Spohn Hospital Area Street Improvements, Phase ii project, which provides for street reconstruction in Elizabeth Street from Ocean Drive to South Staples Street: (1) Plans and specifications for this project be approved and bids be received or October 26, 1983. (2) The City Manager be authorized to enter into an agreement with Camp Cleaners relative to the timing, financing, and removal of the Elizabeth Street head -in parking areas. (3) Spohn Hospital's request for revocable easements to use a portion of the Elizabeth Street right-of-way for parking be denied. This is an 8th Year Community Development Block Grant project and was originally advertised for bids in June, 1983, but bids were postponed based on concerns of area residents relative to the project. ** City Manager Martin informed the Council that he would also like to withdraw Item 13 because of a technical problem with the plans in regard to sidewalks. es Regular Council Meeting September 28, 1983 Page 7 Council Member Slavik referred to this item and stated that a property owner had called her expressing concern about the elimination of head -in parking in front of his business establishment. Assistant City Manager James K. Lontos explained to the Council that his staff has conducted meetings with representatives of Camp Cleaners and they have worked out an agreement but there is still some minor problems with the agreement. He stated that the plans will take care of the parking problem for the next two years but this had nothing to do with the reason the item was withdrawn noting that the technical problem Mr. Martin referred to was in regard to existing sidewalks and the design of the new sidewalks. Council Member Herbert Hawkins informed the Council that thg owner of Camp Cleaners had called him and indicated that a problem still exists and he has not reached an agreement with the Engineering Department. Mr. Lontos stated that the owner of Camp Cleaners had come to the Council meeting to appear before the Council; he was told that the item would be withdrawn today; and the owner was informed that it would be discussed next week. He reiterated that the reason for withdrawal of the item had nothing to do with Camp Cleaners and Mr. Jackson would certainly be able to appear next week. Council Member Mendez stated that he was under the impression from discussions with Mr. Jackson that an agreement had not been reached for Camp Cleaners. City Manager Martin explained that the owner wants head -in parking until 1986 and then go to recessed parallel parking, and the City has requested that he decide now which he prefers so that the type parking can be included in the plans. Mr. Mendez reiterated that Mr. Jackson did not give him that impression because it was his understanding that he has not agreed to the plans for parking. Mayor Jones stated that this will be discussed next week. ********** Mayor Jones called for consideration of Consent Ordinances and Ordinances from previous meetings on Items 14 through 28. Council Member Guerrero referred to Item 16 which involves a change order in the amount of $14,100.00 for additional improvements at St. Andrews Park. He noted that this expenditure will be from the Park Bond Fund and inquired if this item would allow for additional improvements at St. Andrews Park and neglect a park on the westside. He inquired as to the source of the $14,000.00. Minutes Regular Ccta- September 23 Page 4 C +unc's': Cue ..ro then made a motion to table this item until answers to tris question h&ve been provided„ seconded by Council Member Mendez and passed unanimously. ********** Mayor Jc_,nes pointed cut that the Consent Motions had not been approved yet and then called for comments from the audience on items 1 through 12 with the exception of item 1-i which had been withdrawn, There was no response. A motion was made by Mayor Pro Tem Turner that Consent Motions 1 through 12, with the exception of Item 11 which was withdrawn, be approved; seconded by Council Member Hawkins; and passed unanimously. ********** Mayor Jones announced to the audience that two zoning applications in which some of the members of the audience might be interested had been withdrawn by the applicants. He stated that they were the Sun Market case and Dr. and ,Mrs. Marco T. Eugenio case, He assured the members of the audience that -:cse applications will not be considered today and if the applicants desire to request a change of zoning, they must proceed through the usual manner, * * * * '* * 'F * 'k * * * Mayor Jones clhed for a continuation of the consideration of the Consent Ordinances and Ordinances from previous meetings. Council M n+k>e: Kort referred to Ordinance 16 on St. Andrews Park and noted that there is s fund approved in a type of challenge gift or in other words if the residents raise so much money, the City Park Fund will provide matching funds. City ,Manager Martin stated that bonds were approved by the voters in the amount of $200,000 u0 for improvements to St. Andrews Park; a grant will be rete v .0 for a SiPMi 01c3unt; the original bid was for $285,000.00; one-half is paid by the state; and the City is asking for an additional $7,000.00. He explained thst at ::his point, St.. Andrews Park improvements have cost much less than s:he amour.-_ _.reproved by the voters, and there will be a balance of about $40,000.00 bec�_,r<- of the grants that were received. Council Member Ha, loris stated that he has the same concern as Council Member Guerrero, but he ice's that the Council should go ahead and complete this park. He suggested that a study be made to see if other parks could be improved by the same method as was utilized for St. Andrews Park. City Manager Martin again explained that the voters of Corpus Christi had approved the $260.000,,`4f for St. Andrews Park and the expenses are well under the budget. Council Member Guerrsaa then made a motion; to remove Ordinance 16 from the table and consider it lb; passage; seconded by Council Member Hawkins and passed ti!7ar;imc=<E :es k.ular Council Meeting September 28, 1983 Page 9 Council Member Kennedy referred to Ordinances 23 and 24 which are the two ordinances increasing the Marina rates and amending the 1983-84 budget for the Marina Revenue Fund to determine how the increased estimated revenue should be used. He stated that he has received many calls during the week and he is still concerned about including debt service for general obligation bonds in the Marina budget. He urged that the Council reconsider that particular portion of the action on increasing the rates, stating that he particularly urged reconsideration of the amount of funds to be included in the budget for bonded indebtedness, noting that he felt that it should stay in the Marina budget for improvements and security. Council Member Mendez stated that he is in favor of increasing the rates for better service for the Marina but agreed that debt service should not be included. Council Member Hawkins stated that the purpose of the increase in rates was to make the Marina self-supporting and debt service should not be eliminated completely. He pointed out that debt service has always been in the Marina budget and to eliminate this in the future would not be fair. He provided the Council with copies of pages from the budget book and pointed out that the Golf Center also includes debt service and in lieu of and franchise taxes but the Marina does not include those taxes. He pointed out that there are other sections of the budget, such as Water and Gas Divisions, which pay for debt service and in lieu of and franchise taxes and he was of the opinion that the Marina should be responsible for at least a portion of the debt service. Council Member McComb stated that he felt that the term "debt service" as included in the Marina budget is for Certificates of Obligations, not bonded indebtedness, and he felt that to include general obligation bond indebtedness is wrong because this was approved by the voters and a user fee should not have to be used to pay off this voter approved indebtedness. Council Member Slavik stated that she had received many calls on this rate increase and the calls she had received were from people who did not have a lot of money but did have a small inexpensive boat docked at the Marina and they were not going to be able to pay the increased fees and might have to sell their boats. She expressed the opinion that some special consideration should be given to the small boat owners because they are of the opinion that the way the bayfront is designed now will totally eliminate the participation by small boat owners and minority groups. Mayor Jones asked the Marina superintendent about rates in other cities in our vicinity. Mr. Bob Bruner, Marina Superintendent, stated that the fees at the San Patricio Marina are $.06.8 per square foot and the City's new rate is being increased to $.09 per square foot. He pointed out, however, that that the San Patricio marina is contemplating a rate increase. Mr. Bruner also stated that the Port Aransas Marina fees vary from $.21 to $.08 per square foot with the larger charge being paid by small boat owners. Minutes Regular Coundi Meeting September '28 1433 Page 10 Mayor Jones indicated that he agreed with Mr. Hawkins that some debt service should he included in the Marina budget. City Manager Martin explained that the debt service referred to which is currently in the Marina budget is for reimbursement of Certificates of Obligation and the ocher- debt service item is carried in the general fund. Council Member Hawkins reiterated that he felt that debt service and franchise and in lieu of taxes should be included in the Marina budget and he objected to the fact that the same consideration is not given to utility users. Council Member Kennedy referred to the Golf Center which Mr. Hawkins had mentioned as containing debt service and reminded the Council that this facility at one time was a private concern whereas the Marina was never a privately owned operation, Council Member Guerrero referred to Council Member Slavik's remarks about the rate increases and questioned the statement that the minorities will be harmed by an increase in Marina rates. Mayor Pro Tem Turner stated that she was of the opinion that there are three reasons for increasing rates in the Marina and they are (1) to make the Marina self-supporting (2) to provide additional security and (3) to provide better service and improvements. She stated that she could not imagine making the Marina self-supporting by including the debt service in the Marina budget. She pointed out that those funds were approved by all of the voters of this City and other actk ties do not have to pay bond indebtedness on voter approved bonds. Council Member Hawkins stated that if that is the argument, then he felt that franchise and in lieu of taxes should be included in the Marina budget. A motion was made by Council Member Hawkins to change Item 24 to refer to franchise fees in lieu of taxes rather than debt service. Mr. Hawkins' motiu1 died for lack of a second. A motion was mar:;. by Council Member Kennedy that $78,170.00 be left in the Marina fund to be used for capital improvement projects, improved security and operation of the Marina and that debt service for the Marina be allocated from some other source. Council Member Hawkins again objected to including in lieu of and franchise taxes in the Utilities budget yet not in the Marina particularly since there is a recession. Council Member McComb' pointed out that a precedent had already been set in the hotel -motel increase which specifically removed general obligation indebtedness from the covention center fund. He suggested that if the City is going to user fees to pay bonded indebtedness, the future bond elections would be adversely affected because many of the bond projects are paid for by citizens whir: ;.ever received any benefits from them. :es r ular Council Meeting September 28, 1983 Page 11 Council Member Guerrero pointed out that it was not the staff who recommended that the Marina be self-supporting, it was a Council suggestion. He asked for an opinion from the City Manager. City Manager Martin stated that it is legal. He explained that it is not unusual when you define "self-supporting" and one of the ways to make anything self-supporting is to include everything in the budget. He explained that that is what the staff did. They presented an absolutely self-supporting budget including bonded indebtedness. He suggested that the Council needs to make a policy determination as to whether or not they want to make users pay for everything. He agreed that it will affect future debt service and the 1977 bond debt service. Council Member Guerrero asked if in the City Manager's opinion the Council would be establishing a precedent by adopting this, and Mr. Martin stated they would not because he did not feel that the Council actually establishes precedents. He referred to the copies of the pages from the budget book which clearly indicates that everything is handled differently and there are historical reasons why they are handled in this manner. Mrs. Slavik again requested that some type of escalation fee be established for pleasure craft. She stated that she did not know exactly how this could be done but she felt that it could be established in some way. Mayor Jones called for the vote on Council Member Kennedy's motion and defined the motion as follows: "Debt service proposed in the Marina fund revert back into the Marina budget and that debt service for general obligation bonds be paid from some other source noting that the amount in the current budget is $58,260.00." The motion failed to pass by the following vote: Turner, Kennedy and McComb voting aye; Jones, Berlanga, Guerrero, Hawkins, Mendez and Slavik voting no. A motion was made by Council Member Slavik that the Council adopt a two tier system for slip rentals to allow the small boaters to participate in the Marina at a lesser cost than $.09 per square foot, suggesting that the lower rate be a total of $.07 per square foot with guidelines to be established. Council Member Kennedy seconded the motion. Council Member Hawkins inquired as to how it would be determined who the needy are who would qualify for the lower fee. Council Member Slavik suggested that someone in the audience might be able to answer that question. Mayor Jones called for the motion on the two-tier fee system from $.07 to $.09 and it failed to pass by the following vote: Kennedy and Slavik voting aye; Jones, Berlanga, Guerrero, Hawkins, McComb and Mendez voting no; Turner absent at the time the vote was taken. Minutes Regular Counci! Meeting September 28, 1983 Page 12 Mayor Jones then called for comments from the audience on Ordinances 14 through 28. Mr. George A. Polinard, 4701 Andover Drive, referred to the Marina rates and stated that not everyone in the City pays the same amount of taxes and he did not think it was unreasonable to have different rates according to the earning power of the user. He stated that he earns his living by shrimping and pays about $1,400.00 per month for the berthing of two boats. He expressed the opinion that the taxes he pays on his home should be used for payment of debt service and he did not think that he should have to pay again for this indebtedness through the fees for rental of boat slips. Mrs. Charlene Forest, representing the Bay Yacht Club, stated that she felt the real issue is not the increase in fees but the $78,170.00 debt service that has been included in the Marina budget. She pointed out that in 1977, a majority of the voters of Corpus Christi approved the sale of bonds for Marina improvements and she felt that those bonds are a portion of the total debt service and should not be shifted to 530 people who pay for boat slips in the Marina. Mrs. Forest continued by stating that tenants are already assuming an annual debt service of $25,584.00 in Certificates of Obligation and a repayment each year to the dredging fund of $22,500.00 because these were not voted on by the citizens, She expressed the opinion that the increase in fees should be allocated for additional Marina personnel, maintenance, dredging and security. She expressed the opinion that the Marina projects that were paid for by the 1977 bonds are enjoyed by more people than the 530 who pay for slip rentals and the debt service should be borne by everyone who has access to and use of the Marina facilities including citizens who tow their boats to that area and use the boat launch ramp, parking, etc. Mr. Ted Purser stated that he is a boat owner who has a 40 foot yacht but it is an old boat for which he has to pay $93.70 for a slip rental. He stated that with the rate increase, he will have to pay $163.00. He expressed the opinion that this is an unfair way to charge for slip rentals since there is a neighboring boat that is worth one million dollars and the owner pays the same rental that he does. He urged that a more fair system be established. Mr. Quentin H. Cook, 913 Deiane Drive, stated that he did not object to the increase in slip rertals but he did object to the inclusion of debt service in the Marina fund. Mr. Paul Earls, 4433 Dolphin, stated that he did not object to the rate increase but he did not think that the debt service should be included in the marina budget. He pointed out the need for better services and security at the Marina and noted that everyone enjoys the Marina and has access to it, yet the boat owners do not have the safety that they should have. He objected to the plan to have one employee located in the tower to oversee the Marina. Mr. Earls also expressed the opinion that boat slip lessees should be provided a refund of some of their rent until proper service has been provided. es k ular Council Meeting September 28, 1983 Page 13 Council Member Slavik asked Mr. Earls if he had any ideas about a two tier method of increasing fees, and Mr. Earls stated that the only thing he felt very strongly about is that the boat owners are paying their way at the Marina and they should receive better service. Mr. Clifton Davis of Portland, Texas stated that he owns a 47 foot shrimp boat; he has it docked at Rockport at a cost of $33.00 per month including water and electricity; he has applied for a boat slip here in Corpus Christi; but the cost would be $168.00 a month and he was of the opinion that this is a little expensive in comparison with other area cities. Mayor Jones asked Mr. Bruner about the number of shrimp boats docked at the Marina, and Mr. Bruner replied that there are 34 shrimp boats and he has approximately five on the waiting list. Mr. William Conner of Ingleside stated that he has a boat slip in Corpus Christi for which he pays $165.00 per month but he was of the opinion that he should not be paying any more than $55.00 per month. Mr. Utter explained that basically the shrimp boat fees can be reduced if the owners lease a smaller slip. He explained that since competition is so high here, when a slip becomes available, frequently people who are on the waiting list agree to take a larger slip than they really need at a higher cost. Mr. Hank Snyder addressed the Council on the same subject and stated that he had never heard of anyone in this City who was happy to have any increase in any type of service fees and it is not surprising that people are protesting the increase in Marina rates. He expressed the opinion that there is absolutely no way you can differentiate between the ability of boat owners to pay in order to allow a lower fee for certain people. He noted that there is a great need for better security and better service at the Marina and he did not object to the increase in rates. There were no further comments on the ordinances; City Secretary Read polled the Council for their votes; and the following Ordinances were passed: 14. ORDINANCE NO. 17848: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 36 IN CONNECTION WITH THE PURDUE ROAD STREET IMPROVEMENTS; APPROPRIATING $1,188; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". Minutes Regular Council Meeting September 28, 1983 Page 14 15. ORDINANCE NO. 17849: APPROPRIATING $12,500 FOR THE CITY'S SHARE OF FINAL CONSTRUCTION COSTS ON AIRLINE ROAD, WILLIAMS TO HOLLY, TO SUPPLEMENT $332,100 PREVIOUSLY APPROPRIATED, WHICH IS TO BE PLACED IN ESCROW WITH THE TEXAS STATE TREASURER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". 16. ORDINANCE NO. 17850: APPROPRIATING $14,100.00 FOR CHANGE ORDER NO. 1, WHICH PROVIDES FOR FENCING, ADDITIONAL IRRIGATION, AND AN EXTRA WATER FOUNTAIN FOR THE ST. ANDREWS PARK SITE DEVELOPMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". 17. ORDINANCE NO. 17851: APPROPRIATING $21,425 FOR THE ACQUISITION OF PARCEL 7 BY CONDEMNATION FOR THE WOOLDRIDGE-STAPLES DRAINAGE OUTFALL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". 18. ORDINANCE NO. 17852: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WALLOCK DEVELOPMENT COMPANY PROVIDING FOR CITY PARTICIPATION IN THE DEVELOPMENT OF A PORTION OF BRIGHTON VILLAGE UNIT 4, FOR PARK PAVING IMROVEMENTS ON STONE HENGE AND BROCKHAMPTON STREETS WHICH BOUND THE PARK AREA; APPROPRIATING $33,223.14; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". es R..�Jlar Council Meeting September 28, 1983 Page 15 19. ORDINANCE NO. 17853: AMENDING RESOLUTION NO. 13691 PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 2, 1977, BY ADDING THE FOLLOWING STREET PROJECTS TO THE URBAN SYSTEMS PROGRAM AS ADMINISTERED BY THE STATE DEPARTMENT OF HIGHWAYS & PUBLIC TRANSPORTATION AND ADOPTING THE MINUTE ORDERS PERTAINING TO THESE STREETS: 1. Saratoga Boulevard from Weber Road to Ayers Street 2. Saratoga Boulevard from South Staples to Weber Road 3. South Alameda Street from Doddridge Street to Parade Drive 4. Kostoryz Road from South Staples Street to South Padre Island Drive; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". 20. ORDINANCE NO. 17854: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF U -HAUL COMPANY OF SOUTH TEXAS BY GRANTING A REVISED SPECIAL COUNCIL PERMIT ON A PORTION OF LOT 1, BLOCK 1, BYRON WILLIS SUBDIVISION FOR A RECREATIONAL VEHICLE AND TRUCK REPAIR AND SERVICE FACILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". 21. ORDINANCE NO. 17855: AMENDING A 10.;4 ACRE TRACT OF LAND BEING PLATTED AS WOOD RIVER UNIT 6; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoin gordinance passed by the following vote: Jones, Turner, Berlanga, Guerrro, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". 22. SECOND READING: AMENDING THE CODE OF ORDINANCES SECTION 39-16 TO PROVIDE FOR THE INDEMNIFICATION AND LEGAL REPRESENTATION OF CITY OFFICERS AND EMPLOYEES. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Siavik voting, "Aye". Minutes Regular Council Meeting September 28, 1983 Page 16 23. SECOND READING: AMENDING CHAPTER 12, BOATS, BAYS AND WATERWAYS, OF THE CITY CODE TO PROVIDE FOR NEW RATES AND FEES FOR THE 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 second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye", Kennedy voting "Nay". 24. SECOND 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 second time and passed to its third reading by the following vote: Jones, Berlanga, Guerrero, Hawkins, Mendez and Slavik voting, "Aye"; Turner, McComb and Kennedy voting, "Nay". 25. THIRD READING - ORDINANCE NO. 17856: 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 third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". 26. THIRD READING - ORDINANCE NO. 17857: 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 third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". es Rcyular Council Meeting September 28, 1983 Page 17 27. THIRD READING - ORDINANCE NO. 17858: 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 third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". 28. THIRD READING - ORDINANCE NO. 17859: 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 third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". * * * * * * * * * * * City Secretary Read suggested that the ordinance pertaining to the firefighters' contract be listed as item 28a. City Manager Martin explained that the firefighters' contract expired on July 31, 1983; the Staff has been in collective bargaining with the firefighters for some time; the City's negotiating team has now reached an agreement with the Association which was ratified by the membership; and at this point, he stated that he is presenting for the Council's ratification, the contract terms and recommended approval for the two-year contract. Council Member Mendez commended the Staff and the City Manager for working out the agreement with the firefighters. He stated that the City needs qualified people for the fire positions and he felt that this contract would assure the City of having the best employees in this department. A motion was made by Council Member Mendez that the ordinance approving the contract be approved, seconded by Council Member Guerrero. Mayor Jones stated that he had some comments about the negotiation process that he would like to make. He stated that his office had received a call requesting his presence at a film presentation at a Labor Union Hall. He explained that the film was made by the City of San Antonio Firefighters' Association and following the showing of the film, an officer of the Corpus Christi Firefighters' Association made some remarks in regard to their request for inclusion in the contract. He stated that he felt that such procedures were Minutes Regular Council Meeting September 23, 1983 Page 18 improper since the City has a Staff negotiating team who were in the process of working out an agreement with the firefighters at that time. He indicated that he did not know how many Council Members attended the showing of the film with the exception of Dr. Kennedy who was present at the time he was. Mayor Jones then provided the Council with copies of lists showing the history of collective bargaining in this City and in other cities. He noted that the agreement to allow fire and police negotiations was approved by the voters in 1975 but only a total of 9,771 citizens, or 6% of the voters, participated in the election. He also noted that in 1982, a binding arbitration issue failed at the polls. He asked the Council to be aware of the fact that collective bargaining was voted in in this City by a relatively small number of people. He stated that he felt that the unions have an obligation to protect the intent of the collective bargaining and he did object to being invited by the President of the Union to view a film and listen to remarks by the union president. He stated that he felt that this was improper because the City does have a negotiating team which is under the direction of the City Manager. Council Member Hawkins stated that he felt that the Fire and Police have the right to let their views be known to the Council but the problem is that there possibly should be guidelines as to when and how this is done. Mayor Jones pointed out that if the Council is placed in a position of listening to the union representatives rather than allowing the City Manager and Staff to handle the negotiations, he felt it would be unfair. He stated that he would not talk to an officer of a labor union during the process of negotiation. Council Member Mendez stated that while he agreed that the negotiations should be conducted between the Firefighters' Association and the City Staff, the type of system the City has requires that the negotiations be in public session and he did not see how this could be avoided. Council Member Guerrero stated that in his opinion, it is important that any citizen in this City have the opportunity to approach a Council Member even if it is a member of a labor union. Council Member Hawkins stated that he felt that the Council should be aware of what is going on during the negotiations. There were no comments from the audience; City Secretary Read polled the Council for their vote; and the following ordinance was passed: 28a. ORDINANCE NO. 17862: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION 936 FOR FISCAL YEARS 1983-84 AND 1984-85, PURSUANT TO COLLECTIVE BARGAINING NEGOTIATIONS, AND DECLARING AN EMERGENCY. .es Regular Council Meeting September 28, 1983 Page 19 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". * * * * * * * * * * * * Mayor Jones called for consideration of ordinances from the Regular Agenda on items 29 and 30. City Manager Martin referred to item 29 which calls for the prohibition of the use of seines or nets in certain areas of Corpus Christi Bay. He stated that the Staff is recommending that the City adopt an ordinance prohibiting the use of seines or nets for the taking of shrimp or fish in the marina and certain other areas of Corpus Christi Bay. He explained that prior to 1976, the City had such an ordinance but through an error in codification, the ordinance was considered repealed in 1976 and there have been a large number of shrimpers who have come into this area and have been shrimping in the marina and close to the shoreline in the areas where people fish and swim. He informed the Council that the proposed ordinance calls for the prohibition of shrimping in the Marina, on Corpus Christi Beach, along the area that includes McGee Beach, Cole Park and a portion along Shoreine that extends out to Alta Vista. He stated that the reason for this is that the City has received numerous complaints of shrimpers coming in too close to shore and disturbing swimmers, fishermen and residents along Ocean Drive. Mayor Jones called for comments from the audience. Mr. Wayne Johnston, 4110 Ocean Drive, stated that he owns property at this location and on Corpus Christi Beach. He stated that last week, he counted twenty-four shrimp boats across from his house and the noise from their engines is very objectionable because they start very early in the morning and continue until after dark. He stated that he felt that the one-half mile prohibition is reasonable and urged that the shrimpers be required to put mufflers on their boats. Mr. Utter explained that one of the problems in establishing a certain number of feet from the shoreline is that it is difficult to enforce because no one knows exactly where the line is. He pointed out the areas involved on a transparency, noting that it runs from Rincon Channel to Alta Vista and it also includes a requirement that the shrimpers must stay 300 yards away from any pier, dock, wharf or groins. He stated that the Marina Patrol would have difficulty in enforcing anything more than this. Mr. Raymond James, Vice President of United Shrimpers Association, stated that his group is totally opposed to this ordinance. He stated that he felt that the 300 -yard prohibition within the area of piers and docks is unfair because this is where most of the shrimp are. He objected to the statement by Mr. Johnston that the noise of the motors are objectionable stating that the Minutes Regular Council Meeting September 28, 1983 Page 20 shrimpers are very strict on themselves in that they do not drag shrimp before daylight. He explained to the Council that all the shrimpers are small businessmen; every boat is owner -operated; and they fell that if the 300 -yard limitation is imposed on them, it would constitute double discrimination against small businessmen as well as against Mexican -Americans. He informed the Council that he represents 125 local shrimpers. Council Member Hawkins stated that he is concerned about the shrimp boats coming in too close to the marina and the piers and he has heard that the shrimpers from out-of-town are very negligent. Mr. James suggested that 300 feet limitations be imposed, not 300 yards. Mr. Paul Lara, 4625 Atkins, pointed out that most of the area planned to be off limits are where the best shrimping occurs. He, too, stated that this is their livelihood and if they are prohibited from shrimping in those areas, they could not make a living. Mr. Jim Tucker, President of the United Shrimpers Association, pointed out that it is a very serious problem when the shoreline is going to be taken away from the shrimpers because shrimping is very good in that area right now. He pointed out that this is an extremely profitable area at this time but it will not be good after the cold weather arrives. He informed the Council that one buyer purchased $315,000 worth of shrimp and pointed out how profitable this is to the City and to the individual shrimpers. Also speaking in opposition to the proposed ordinance was Mr. Manuel Rodriguez who stated that he owns a shrimp boat and noted that the places in which shrimping is going to be prohibited are where the best shrimping occurs. He pointed out that the shrimpers contribute to the overall economy of the City through the sale of shrimp; the shrimpers are just trying to make a living; and he would like to request that the prohibition not be in effect from May 15 to July 15 and from August 15 to December 15 and in other times, other people can use the shoreline but the shrimpers should be allowed to use it during those periods of time. A motion was made by Council Member Guerrero that the ordinance be withdrawn. Mr. Utter explained that what the Staff would like to do is withdraw the ordinance at this time so that they can discuss this with representatives of the shrimping industry. He stated that he would be glad to withdraw the item if the shrimpers understand that shrimping will not be permitted in the marina. He then asked that the shrimpers stay away from the groins on McGee Beach because of the possible damage that could be done. Mayor Jones suggested that he discuss this with the gentlemen who had spoken today to try to resolve the differences. There was no discussion on item 30. es Re ular Council Meeting September 28, 1983 Page 21 City Secretary Read polled the Council for their vote; and the following ordinance was passed: 30. FIRST READING: PROHIBITING THE USE OF AUTOMATIC FIRE ALARM DIALING DEVICES FOR DIRECT CONTACT WITH THE FIRE DEPARTMENT; PROVIDING FOR SEVERABILITY AND 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, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". * * * * * * * * * * * * * * Mayor Jones announced the recessed public hearing on the following item: Reopening the public hearing on the Leopard -Baldwin Area Street Improvements project which was tabled on August 31, 1983. The property owners have been contacted regarding their desire to proceed with this project as originally requested by petition. A substantial majority of the owners responding want the project to proceed. Therefore, it is recommended that the project be undertaken as per the original petition request. City Manager Martin reminded the Council that testimony was heard at the first meeting of this City Council on August 31st and during that public hearing, a few citizens indicated that they did not want the improvements, at which time the Council asked the Staff to take another poll to see if the residents still wanted the improvements. He stated that a meeting had been conducted which was attended by 70 people and 54 of them were still in favor of the project. He explained that there is a need to reopen the hearing but pointed out that there is overwhelming support from the property owners. Mr. Gerald Smith, P.E., City Engineer, informed the Council that all of the property owners have been contacted; 77% of the property owners are in favor of the project; and since the Staff's first report to the Council, that percentage has been increased to 80%. Mayor Jones called for comments from the audience on the assessments. Mrs. Sue Guess, 5514 Dominica, stated that she owns lot 13 on Eloise on which is located seven duplexes which face south on this lot and away from the proposed improvements. She objected to the construction of a sidewalk, particularly since the sidewalk will have to be constructed inside the fence on her property and it will be only three feet from the back of the apartment structures. She stated that her entire assessment would be about $5,000 and she requested that the sidewalk not be constructed at the planned location. Minutes Regular Council Meeting September 28, 1983 Page 22 Mr. Smith explained that voluntary paving petitions had been received on two short streets, Eloise and a short section of Reeves Street. At the time they were preparing the plans, they found that it would be very difficult to improve Van Cura Street without paving this portion of Eloise Street which extends over to Baldwin. He referred to Mrs. Guess' property and stated that there are eight small buildings used for apartment rentals and one of those buildings even extends into the right-of-way. He agreed that the sidewalks, if constructed, would be very close to the buildings. Mayor Pro Tem Turner inquired if the curbs, gutters and sidewalks would actually improve her property to the extent of her assessment, and Mr. Smith stated that he felt it would since there is an open ditch along the property and they would place curbs, gutters and sidewalks there. Council Member Berlanga inquired if sidewalks will be constructed on the north side of her property, and Mr. Smith stated that one of the local labor unions owns all of the property on the opposite side and the right-of-way is not available. Council Member Mendez suggested that if only curbs and gutters are going to be installed on the north side, why not install only curbs and gutters on Mrs. Guess' side of the property street as well. Council Member Berlanga suggested that if right-of-way is available that the sidewalks should be installed, and Mayor Jones agreed. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. In the temporary absence of the City Secretary, Assistant City Secretary Dorothy Zahn polled the Council for their votes on the ordinances pertaining to the street improvements and the following were passed: 31, ORDINANCE NO. 17860: CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Leopard -Baldwin Area 1. Quaile Drive, from Villa Drive to Breckenridge Drive, 2. Garfield Drive, from Leopard Street to Westchester Drive, 3. Reeves Drive, from Garfield Drive to Westchester Drive, 4. Van Cura Drive, from the South Frontage Road of I.H. 37 to Eloise Drive, 5. Eloise Drive, from Van Cura Drive to Omaha Drive, and tes r. pular Council Meeting September 28, 1983 Page 23 6. Lantana Street Sidewalks, on the East Side, from North of I.H. 37 to Saint Theresa School. FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, Mendez and Slavik voting, "Aye"; McComb, "abstained". ORDINANCE NO. 17861: AUTHORIZING THE EXECUTION OF A CONTRACT WITH KING CONSTRUCTION CO., INC. FOR THE LEOPARD-BALDWIN AREA STREET IMPROVEMENTS PROJECT; APPROPRIATING $470,000 FOR THIS CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, Mendez and Slavik voting, "Aye"; McComb, "abstained". City Secretary Read returned to the Council Chamber and stated that since Mr. McComb was not present during the hearing, he did not vote on the ordinances. * * * * * * * * * * * * * Mayor Jones announced the public hearings on two zoning applications. 32. Application No. 883-10, Mr. A. W. Dodds: for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lots 33 and 34, Block 8, Gardendale No. 2, located on the north side of Bonner Drive, approximately 150' east of Everhart Road. Mr. Utter informed the Council that in response to the sixteen notices of the public hearing, four in favor and two in opposition had been returned and that both the Planning Commission and Planning Staff recommend denial because it represents an intrusion into a residential area. He stated, however, that the Staff had discussed a special permit. 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 special permit being considered is for 14 to 15 townhouses with 4 or 5 businesses which would also have living quarters above them. He explained that an acceptable site plan has not yet been submitted because the previous plans do not have enough open space for this type of use with a residential and business property on the same tract. Mr. Al Dodd, the applicant, displayed a site plan which he had just submitted and explained that on Bonner Drive they will have four condominium boutiques with living quarters above them located at this location. He stated that all of the other units will be the usual condominiums and a residential Minutes Regular Council Meeting September 28, 1983 Page 24 theme will be retained throughout the development. He expressed the opinion that the commercial use is the only thing that could be logically constructed across from the other commercial uses in the neighborhood. Mr. John Reuthinger spoke in favor of the application but noted that they had had a problem in regard to the amount of open space as the Planning Department had required. He stated it was his opinion that only one vehicle parking space would be required for each 220 feet of construction space but Mr. Wenger had indicated that one parking space per 200 foot would be required. Mr. Wenger explained that the 220 foot category pertains to a shopping center that has mixed use. He questioned whether this proposed construction falls in the category of a shopping center. Mr. Reuthinger read from the zoning book which according to his interpretation indicated that a shopping center is four or more units or a group of four or more shops and he felt that their development would fall in that category. He stated that they also wanted to count the parking lot as open space. Mayor Jones questioned whether the Staff could analyze the site plan since it had just been presented. Mr. Reuthinger continued by stating that they would prefer "B-1" zoning rather than a special permit because they would like to have the flexibility since there are individual people involved and they might have different ideas about how they wanted their shops to be constructed. He noted that there was previously some opposition to this change of zoning, particularly by one neighbor who was concerned about the installation of a bar in the neighborhood. Council Member Berlanga noted that there are a lot of special permits that have been issued in that vicinity but they are actually permanent businesses and they will never be used for "R -1B" zoning. He stated that in view of the fact this property abuts "B-1" property, he felt that the "B-1" permit should be granted. Mr. Utter noted that the applicant could construct the type of development that he wants in "B-1" property, but if the Council granted "B-1" zoning, any use allowed under that category could be constructed. He explained that the Staff felt that this mixed use development as proposed is a very exciting concept but he felt that the special permit should be approved. Council Member Kennedy asked if the Staff had a comment on the site plan, and Mr. Utter stated that it is similar to the one previously submitted and he did not know if it meets all of the requirements. City Manager Martin pointed out that there are two issues and if that property is zoned "B-1", anything could be installed there, even a bar or a lounge. He pointed out that this is a very sensitive area and there is a need to protect the residential community. He expressed the opinion that if "B-1" tes .jular Council Meeting September 28, 1983 Page 25 zoning is approved, it would mean a continuation of business down Bonner Drive. He stated that the approach the developer had discussed with the Staff was a good transition use of low-density condominiums with small shops and if an acceptable site plan were submitted, he questioned if the Council would be willing to approve this type of use in that neighborhood. Council Member Kennedy stated that he would vote in opposition to granting "B-1" zoning but he would approve a special permit if an acceptable site plan is submitted. Mr. Utter pointed out that six affirmatives votes will be required to approve a special permit since the Planning Commission recommended denial. He explained that the only requirement associated with a special permit is that once the Council approves it, the applicant has six months to present an acceptable site plan and one year after that to start construction. Mrs. Melba Garza, 5126 Cain Street, spoke in favor of the application noting that a combined shop and living quarters would allow her to take care of her children and have a means of supporting them as well. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Council Member Kennedy that the requested zoning of "B-1" be denied but in lieu thereof, approval of a special permit subject to submission of an acceptable site plan; seconded by Council Member Berlanga; and passed unanimously by those present and voting. * * * * * * * * * * * * 33. Application No. 883-8, Gulfway Shopping Center: for a change of zoning from "A-1" Apartment House District to ' A-2" Apartment House District on an 8.48± acres out of Lots 1 and 2, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Meadowvista Drive, approximately 100' west of Meadowlight Parkway. Mr. Utter informed the Council that both the Planning Commission and Planning Staff recommend denial and in response to the twenty-seven notices of the public hearing that had been mailed, one in favor and four in opposition had been returned. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. He stated that the applicant has requested the "A-2" Apartment House District in order to develop higher density apartment complex than would be allowed under "A-1" zoning. He further explained that they could build 184 units under "A-1" zoning which would generate a great deal of traffic, but under "A-2" zoning, even more units would be allowed which would present a traffic problem. He provided figures in regard to the number of vehicle trips per day in this area at different times. He stated that the Staff feels that "A-2" zoning would be detrimental to the surrounding area and there are no plans under the Urban System Program to improve Airline Road any further south than Holly Minutes Regular Council Meeting September 28, 1983 Page 26 Road. He stated that if this is approved, it would set a precedent of increased zoning in adjacent property. Speaking on behalf of the applicant was Mr. Gene Urban, 2725 Swantner, who presented several exhibits for the Council to examine while he made his presentation. The exhibits included: (1) the 1980 report from the Planning Commission of San Antonio which indicated their experience in apartment growth; (2) a study by Signal Engineering of Houston which prepared a traffic count for a project owned by the same people similar to the development planned for this area; (3) a series of photographs of Airline Road taken at various times during the day to demonstrate the light traffic load; (4) an exhibit on the cost of apartments; and (5) a comparison of this City's zoning ordinance as well as those of Dallas/Ft. Worth area, San Antonio and Austin. Mr. Urban continued by stating that basically they are not asking for a change from 186 units to 220 units because they will actually be using a part of the "A-1" zoned property and the "B-4" zoned property, noting that the "B-4" zoned property would now facilitate 52 units; the present portion of the "A-1" property would facilitate 124 units for a total of 196 units but the project as proposed would only call for 216 units which would be a net difference of 20 units or they want to add 21 units per acre over the entire piece of property. He referred to Chandler's Mill which was constructed as an "A-2" unit and which was very successful for the applicant. He explained that they planned to build the same type project immediately across the street. He stated that they are planning to construct smaller units than the average apartment used to have. He explained that 65% of the units will be 500 to 600 square feet single bedroom units and the remaining 35% will be between 700 and 900 square feet. Mr. Urban pointed out that the City of Corpus Christi is the most restrictive in regard to apartments, of any city in the State, including Austin. He also stated that he felt that the number of vehicle trips per day could more accurately be determined according to the number of bedroom units in a development. He expressed the opinion that following the traffic count prepared by Signal Engineering, there would be 861 fewer trips than that reported by the Staff. Council Member McComb expressed the opinion that Corpus Christi might become a leader for Austin, Dallas and Houston considering the enormous traffic problems that those cities have. Speaking in opposition to this request was Mr. David Saenz, who expressed the opinion that apartments that are too close create problems. He urged that the Council not grant this zoning. Mr. Roy Jarbeaux, 2218 Meadowlight, informed the Council that he had previously been opposed to this zoning request but if the planned project is exactly like the one called Chandler's Mills, he would not object to a special permit to increase the density. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. tes , jular Council Meeting September 28, 1983 Page 27 A motion was made by Council Member Kennedy that the requested zoning of "A-2" be denied but in lieu thereof, that a special permit subject to an approved site plan be approved; seconded by Council Member Mendez; and passed unanimously. * * * * * * * * * * * * 34.* Application No. 783-3, Sun Markets, Inc. 35.* Application No. 883-6, Dr. and Mrs. Marco T. Eugenio * * * * * * * * * * * * Mayor Jones called for comments from the audience on matters not scheduled on the agenda. Mr. David Saenz, 11430 17th Street, informed the Council that he was previously employed by Corn Products and is now employed by Saber Refinery. He expressed the hope that this Council will be more responsive to its citizens, particularly when discussing industrial districts. Mr. Juan Gussoni, 1933 Melissa Lane, referred to Columbus Day, October 12, 1983, and suggested that the City celebrate "Dia de la Hispanidad" on this date. He explained that they plan to have dance groups from several countries to celebrate such a day and they would like to book the Bayfront Plaza Auditorium for this purpose. He explained that they would like to have the City as a co-sponsor in order that the usual building rental could be waived. He informed the Council that the time that they would need the building would be from 7 to 10:30 p.m. Mayor Jones asked about the law pertaining to waiving the fee for use of public buildings, and City Manager Martin stated that the ordinance requires a charge and the only time the auditorium could be used without charge would be for a City sponsored activity and the charge wouid be made to a City Department. Mr. Gussoni informed the Council that the rental on the auditorium is $490.95; security would require $125 more and the total would be approximately $800. He explained that if the City co-sponsors this evert, they would not have to pay the rental fee for the auditorium. Mayor Jones requested that Mr. Gussoni submit this to the City in writing and noted that Spain had been very generous to the City of Corpus Christi by donating $60,000 for the statue of De Pineda, and possibly, donations could be obtained for this event. Council Member Guerrero noted that if the City co-sponsors the event the fee could be waived. * These applications wer withdrawn by the applicants. Minutes Regular Council Meeting September 28, 1983 Page 28 Council Member Berlanga pointed out that Spain has been very cooperative and has done a lot to benefit this City and made a motion that the City of Corpus Christi co-sponsor the event for "Dia de la Hispanidad" and pay the fee from some source of funds, either private or otherwise; seconded by Council Member Guerrero. City Manager Martin stated that he would not want to speak in opposition to this on its own merit but he felt that it is a bad precedent to co-sponsor an event just to waive the fee for the auditorium. He stated that if the Council desires to co-sponsor this event, the fund should come from the Arts Center. The motion passed unanimously. Mr. A. J. Viken, 1242 Crescent Drive, stated that he came to Corpus Christi in 1931 and referred to the former City Council which had changed the zoning in Flour Bluff. He explained that he had purchased property in Flour Bluff and paid a great deal of money because it was zoned "A-1", but now that the zoning has been changed, he has nothing of value. He explained that he had a plan which he presented to the Planning Department and he was allowed to construct 14 apartments on those four lots. He stated that he constructed a duplex there, but then he was stopped from completing the project. He asked that the property he owns be rezoned. Mayor Jones asked that this be investigated by the Staff and a report provided the Council and Mr. Viken. There being no further business to come before the Council, on motion by Council Member Berlanga, seconded by Council Member Mendez and passed unanimously, the Regular Council Meeting was adjourned at 6:50 p.m., September 28, 1983. DZ/rr