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.
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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".
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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".
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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".
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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
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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.
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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
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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.
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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.
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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
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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
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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"
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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
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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.
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