Loading...
HomeMy WebLinkAboutMinutes City Council - 10/05/19834 I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of October 5, 1983 thru October 26, 1983, inclusive and having been previously approved by Council action, are by me hereby approved as itemized. October 05, 1983 - Regular Council Meeting October 12, 1983 - Regular Council Meeting October 19, 1983 - Special. Council Meeting October 19, 1983 - Regular Council Meeting October 25, 1983 - Special Council Meeting October 26, 1983 - Regular Council Meeting MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 5, 1983 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: David Berlanga, Sr. Leo Guerrero Herbert Hawkins Joe McComb Frank Mendez Mary Pat Slavik ABSENT: Council Member Charles W. Kennedy, Jr. City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend Ted Eaton of Calallen Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Leo Guerrero. 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. Mayor Jones noted the issuance of the following proclamation: "PARENT -TEACHER ASSOCIATION MEMBERSHIP WEEK" - October 3 through 10, 1983. * * * * * * * * * * * * Mayor Jones called for the Board and Committee appointments and briefly reviewed the appointments discussed during the morning Workshop Meeting. MILCSOFILMED SEP 191984 Minutes Regular Council Meeting October 5, 1983 Page 2 A motion was made by Mayor Pro Tem Turner that the following Board and Committee appointments be confirmed; seconded by Council Member Leo Guerrero; and passed unanimously: JOINT AIRPORT ZONING BOARD: TERM: Mr. Robert Zamora Mr. Mucin Garza AMBULANCE ADVISORY BOARD: Edward A. Martin (City) - Reappointment MUNICIPAL ARTS COMMISSION: Mrs. Elizabeth Kirkland (Reappointment) Mrs. Rosie Garza Mr. Daniel Cavazos Dr. Lynn Longoria (Reappointment) Mrs. Sue Rees (Reappointment) MUSEUM ADVISORY BOARD: Mrs. ALice Pitts (City) Mr. Dan E. Kilgore (advisory member) Mrs. Ella Clerkley (School) Dr. Guadalupe Guerrero (School) Mr. Cecil Burney (Museum Advisory Board) PARK AND RECREATION BOARD: 8-11-86 8-11-86 8-08=86 9-01-86 9-01-86 9-01-86 9-01-86 9-10-86 9-01-86 9-01-86 9-01-86 9-01-86 9-01-86 Mr. George Sanchez 8-23-85 Dr. Bill Colson (Reappointment) 8-23-85 Mr. Rene Gaytan (Reappointment) 8-23-85 Ms. Rosa Balderas 8-23-85 Mr. Joe Martinez 8-23-85 Ms. Joanne McNeill (Reappointment) 8-23-85 SENIOR COMMUNITY SERVICES ADVISORY BOARD: Mrs. Elizabeth Gunther Mr. Reynaldo V. Rincon NUECES COUNTY TAX APPRAISAL DISTRICT: Nat Friedman (Place 3) - Reappointment Orlando S. Leal (Place 4) - Reappointment * * * * * * * * * * * 1-01-86 1-01-86 Minutes Regular Council Meeting October 5, 1983 Page 3 Mayor Jones called for Consideration of Actions from the Workshop Session on the following items: 1. Appointing Mayor Luther Jones as the voting delegate and Council Members Mary Pat Slavik and Frank Mendez as alternates to the National League of Cities 60th Annual Congress to be conducted November 26 - 30, 1983 in New Orleans, Louisiana. A motion was made by Council Member Joe McComb that the foregoing action be confirmed, seconded by Mayor Pro Tem Turner and passed unanimously. 2. There will be no disbursement of funds from the City of Corpus Christi to the Community Development Corporation without the approval of the City Council. A motion was made by Council Member Guerrero that the foregoing action be confirmed, seconded by Mayor Pro Tem Turner and passed unanimously. 3. The City Council Meeting of Wednesday, November 30, 1983 be changed to Thursday, December 1, 1983. A motion was made by Mayor Pro Tem Turner that the foregoing action be confirmed, seconded by Council Member Mary Pat Slavik and passed unanimously. * * * * * * * * * * * * Mayor Jones announced the bid opening on the following engineering project: 1. Five Points Area Fire Station. This is a 1982 Bond Project with this northwest fire station being located at the intersection of Hearn Road and Up River Road in the immediate Five Points Area. Assistant City Manager James K. Lontos, P.E., opened bids on this project from the following firms: Carmel Constructors, Inc., J. H. Chapman Construction Company, E. J. Netek Construction Company, William J. Shaw, Builder, Salazar Construction Company, Garcia Construction, Inc., The Henry Brooks Corporation, Early Constructors, Inc., De La Garza Construction, Hayley Corporation, Casey & Glass, Inc., Chester Lambert General Contractor, Howell Constructors, Inc. and Ewing Construction Company, Inc. Mr. Lontos informed the Council that Howell Constructors, Inc. had completed the agreement form instead of the proposal form and only one figure was shown on the bid. Mayor Pro Tem Turner noted that the estimated cost was $240,000 and inquired if adequate funds will be available. Minutes Regular Council Meeting October 5, 1983 Page 4 Mr, Lontos stated that there would be even though part of the funds available were for equipment, land and construction. Mayor Jones expressed appreciaton to the companies that had submitted bids and stated that they would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. * * * * * * * * * * * * Mayor Jones called for Consideration of Consent Motions on items 1 through 23. City Manager Martin stated that he would like to withdraw item 17 for consideration at a later date. A motion was made by Mayor Pro Tem Turner that item 17 be tabled for two weeks, seconded by Council Member Guerrero and passed unanimously. * * * * * * * * * * * * City Manager Martin noted that there was a scheduled bid opening on the following item: 2. Bid Opening & award of oil and gas lease. A three year primary term oil and gas lease-Th-7'the City's one-half mineral interest in a 320 acre tract at Lake Corpus Christi in the Boy Scout Camp and State Park. The lease provides that the City will receive a 20$ royalty and $1 ,600 annual delay rentals. The minimum acceptable bid is $8,000. Assistant City Manager Bill Hennings explained that this is a 320 -acre tract of land at Lake Corpus Christi in the Boy Scout Camp and the State Park on which the City owns 50% of the mineral rights. He stated that the surface is owned by the Lower Nueces River Water Supply District and that Mr. James Conn, Petroleum Superintendent, has worked with them for some time in order to lease this property f,r drilling purposes. He assured the Council that the contract will prohibit dr filling during the summer months while the Boy Scout Camp is in operation. He then opened the only bid received from IOC Production, incorporated, which he stated was in order. He then suggested that the Council award the lease to this companpy. A motion was made by Mayor Pro Tem Turner that this land be leased for three years to IOC Production, Incorporated; seconded by Council Member Slavik; and passed unanimously. Mayor Jones informed the City Council that Mr. Hennings and Mrs. June Wilkerson of the Bay Drilling Committee will testify at a hearing in regard to the City's Bay Drilling Ordinance and the Oil Spill Control Association. He pointed out that the City has 200 producing wells in the bay with no danger to the environment. Minutes Regular Council Meeting October 5, 1983 Page 5 Further discussion followed, and Mayor Pro Tem Turner asked Mr. Conn about the income from the City's oil leases. Mr. James Conn stated that the City receives about $90,000 per year from various oil leases. * * * * * * * * * * * * Mayor Jones returned to Consideration of the Consent Motions on the following items: 1. Bids be received October 25, 1983 for nine replacement siren/light bars to be used on Police patrol cars. These units are included in the 1983-84 Budget. Estimated expenditure is $9,000. 2. Bids be received October 25, 1983 on one 20,000 GVWR dump truck, one 20,000 GVWR flatbed truck and one }-ton pick up for the Street Division. These units are to be used by the new street patching crew approved in the 1983-84 Budget. 3. Bids be received October 25, 1983 for three self propelled vibratory walk -behind rollers for the Street Division. One unit is to be used by the new patching crew. The other two units are replacements. All three units are included in the 1983-84 Budget. 4. Bids be received October 25, 1983 for twelve months supply agreement for traffic sign blanks, blades, brackets and posts for the Traffic Engineering Department. Estimated annual expenditure is $36,500. 5. Bids be received October 25, 1983 for twelve months supply agreement for pavement marking paint, glass spheres, refiectorized markers, ceramic markers, adhesive and epoxy pavement paint for the Traffic Engineering Department. Estimated annual expenditure is $46,500. 6. Bids be received October 25, 1983 for twelve months supply agreement for miscellaneous traffic signal hardware for the Traffic Engineering Department. Estimated annual expenditure is $8,000. 7. Bids be received October 25, 1983 for a twelve months supply agreement for traffic signal control and loop detector lead-in cable for the Traffic Engineering Department. Estimated expenditure is $17,250. 8. Bids be received October 25, 1983 for a twelve months supply agreement for sandy loam top soil used in the maintenance of park areas and flower beds as top dressing. Estimated expenditure is $10,000. 9. Bids be received October 25, 1983 for twelve months supply agreement for Water and Wastewater Treating Chemicals including calcium oxide; sodium silicofluoride; liquid chlorine in one ton cylinders; anhydrous ammonia; copper sulphate; and powered activated carbon. Estimated annual expenditure is $250,000. Minutes Regular Council Meeting October 5, 1983 Page 6 10. Proposals be received October 25, 1983 for annual supply agreement for furnishing books, phonodiscs and video cassettes to the Corpus Christi Public Library and to the South Texas Library System. 11. Bids be received November 1, 1983 for an annual supply agreement for water meter parts for the Water Division. Bidders will be asked to bid a percentage discount from their published price list. Estimated expenditure is $75,000. 12. Bids be received November 1, 1983 for estimated 27 Police package Sedans, 25 standard sedans, and 2 standard station wagons. 13. Twelve months supply agreement for plastic pipe, related fittings, solvent and cement be approved for Esco Supply Company, Corpus Christi, for the estimated Iota'.. of $16,712.80, based on low bid. This material is stocked in the Warehouse and used by Park and Water Divisions. 14. Authority to waive the normal bidding process because of a public health emergency and to purchase 1000 gallons of malathion at a cost of $16.27 per gaPon from American Cyanamid on a sole source basis. The recent rains resulted n an increase in mosquito hatching causing our supply of the chemical to run low. American Cyanamid is the only bulk manufacturer of the high grade malathion used by the City for mosquito control. The purchase is budgeted in the Health Department Budget. 15. Authorizing the City Manager to execute a park deferment contract between the City of Corpus Christi and Togaville Acres, Inc., Farris P. Wade, President, for deferred park land dedication out of the Togaville Acres Subdivision, which is located east of Old Brownsville Road and north of Saratoga Boulevard. This contractual agreement, which is in accordance with the Platting Ordinance, will allow the developer to final out and construct a portion of this overall preliminary prior to the final plat and construction of that portion of the subdivision in which the park is located. 16. Change Order No. 1 in the amount of $6,008.64 for the Woodlawn/Alameda Estates Street Improvements project be approved. This change order provides for a substitution of storm sewer pipe and two additional structures on Williams Drive at the Woodlawn and Daly Drive intersections which were necessary to clear underground utilities. Funds for this work are ava;lable in the contingency appropriation for this Voluntary Paving street improvement project. 17.* Rejecting the bid for the main depository bank contract, approving authority to readvertise and receive bids on October 19, 1983 for the main depository contract, and extending the time for receipt of proposals for depositories for investment purposes only until October 19, 1983. * This item was withdrawn by Council action -- see page 4. Minutes Regular Council Meeting October 5, 1983 Page 7 18. The annual contract be renewed with the Museum of Oriental Cultures for the purchase of professional services during 1983-84. The 1983-84 budget provides $9,000 for utility and routine maintenance costs for the museum in exchange for the museum being open six days per week, providing educational instruction, performing support for sister city functions, and assisting in industrial development and tourist promotion. 19. Authorizing the City Manager or his designee to execute a contract with the accounting firm of Gowland, Kincaid, Davis & Co. to perform auditing services on funds received from the City of Corpus Christi by the Community Development Corporation for the period August 1, 1978 through July 31 , 1983. The estimated fee for the audit is six to ten thousand dollars. 20. Approving the submission of a pre -application to the Federal Aviation Administration for $1,210,000 for 1984 airport improvements grant funds. The grant funds are to be used for the West concourse extension and construction of a holdroom; Chaparral apron expansion; Northwest hangar site improvements and Taxiway "P" extension. 21. Approving settlement of Marks Tract Park dedication claim and authorizing the City Manager or his designated representative to execute all necessary documents. 22. Thomson -Monteith be granted a permit to drill a well from a regular location 9.5 miles seaward of the Harbor Bridge and 1,700 ft. south of the Ship Channel right-of-way in Corpus Christi Bay. The State Tract 448 Well No. 1 will be directionally drilled to a depth of 9,200 ft. No exceptions to the Bay Drilling Ordinance are requested. 23. Appropriating $200,000 for the purchase of land and construction of a shelter for runaway and homeless youth by the Gulf Coast Council of La Raza, Inc. from the 9th Year Community Development Block Grant Program. Council Member Slavik referred to item 19 which pertains to an audit of Community Development Corporation and stated that she had been informed that at the time another auditing company requested records from CDC, the Director was reluctant to provide them. Mr. Stanley Martinez, Executive Director of CDC, stated that he would like to answer any questions that the Council might have. He assured the Council that he has no problem in allowing the audit and that they intend to cooperate with the auditing firm. He agreed that there is a problem between the City Staff and CDC in that they have had no communications with this City since Mr. Tom Utter was transferred from that department. He stated that they welcome the audit for the program but he objected to the use of the same auditor employed by Community Development Corporation. Mr. Martinez informed the Council that they had submitted monthly reports to the City Manager but there were never any questions about the items on the report. Minutes Regular Council Meeting October 5, 1933 Page 8 Council Member Guerrero suggested that if the City Council provides funds, the receiving agency should report to the City. Mr. Martinez reiterated that he did provide a monthly report and would have been glad to answer any questions. Council Member Hawkins inquired about the CDC meetings and whether or not they are open to the public. He explained that he had received complaints that people were unable to attend the meetings and could not obtain information. Mr. Martinez stated that the meetings are open to the public and they meet the second Thursday of every month at 1125 South Port Avenue. Council Member Mendez referred to Mr. Martinez' allegation that there was a lack of communication between him and the City Staff and asked for an explanation. Mr. Martinez explained that they could communicate with Mr. Utter but since he was made Assistant City Manager, there has been no cooperation or communication with the City Staff. Mr. George Dawson, President of the Board of CDC, informed the Council that they have found that the demonstration housing project was very frustrating and they bad informed the City Staff but had received no response. City Manager Martin interjected that the Staff had recommended for two years that the City not fund CDC. He further explained that the City Staff was advised by the auditors employed that they were not getting any cooperation from CDC Officers; Officers of CDC went to the Department of Housing and Urban Development in an attempt to get the audit delayed; the City Staff has reco imended that CDC not be funded; and that recommendation will be made again. Council Member S"vil< stated that she would like to have a copy of the monthly report to the Graff, and Mr. Martin assured her that the report would be made available to rp;e Council. Mr. Martinez stated that he did not know that the City Staff had recommended that they not be funded and objected to the fact that the Staff did not inform there of this fact. Council Member Guerrero requested an explanation of the purpose of CDC. Mr, Martinez explained that it was established thirteen years ago to clean up neighborhoods and that CDC had invested in multi -family housing in order to provide the means of cleaning up depressed areas. He assured the Council that they are st<II assisting the City and the community in this capacity but they were restricted to areas that were difficult to improve. Minutes Regular Council Meeting October 5, 1983 Page 9 Mr. Martinez then explained their various sources of funding and the use of those funds for staffing, etc. Mr. Utter then explained the status of the City's relationship with CDC in that the City has a contract with them through August 1, 1983 but the contract is still in effect; they have received two monthly payment requests from CDC for June and July which have not been paid and shall not be paid until completion of the audit. He informed the Council that the Staff monitoring of the program showed especially poor handling and record keeping. He stated that the audit contemplated is a special one and is different from the usual audit. They will check to see if CDC has complied with the terms of the contract with the City. Mr. Martin further explained the City is talking about the flow of funds from the City to CDC to see if it is in accordance with the contract. Mr. Mendez suggested an audit of the administration of the operation, and Mr. Utter explained that the audit will study the administration costs and the use of the funds for demonstration rehabilitation homes, or in other words, everything that has gone from the City to CDC. He assured the Council that he would do everything possible to see that the audit includes everything of concern. Mayor Jones referred to item 23 in regard to the runaway shelter for homeless youth and stated that he had accidentally met Mr. Steven Rodriguez and asked him to attend the Council meeting to provide comments. Mayor Pro Tem Turner suggested that there be some kind of control on the contract with the Gulf Coast Council of La Raza, Inc. Mr. Steven Rodriguez, Executive Director of Martineau Juvenile Hall, informed the Council that he was of the opinon that there is a need for a project such as this. He stated that he is concerned that in 1985 that there will be no facilities at Martineau Hall for runaway youth and pointed out the need for such a facility in which to place the juveniles until arrangements can be made for housing. He agreed, however, that there should be some type of control. For information purposes, Mr. Rodriguez explained that the Juvenile Board is made up of District Judges and the County Judge who set guidelines for the operation of Martineau Juvenile Hall. He stated that it was his understanding that the Texas Department of Human Resources will provide some guidance in the operation of the shelter and from which a permit can be obtained. Council Member Slavik suggested that the requirement that the shelter have a state license Mayor Jones explained that the City will funding in the amount of $200,000 and he felt Mr. Rodriguez prior to execution. funding be contingent upon a for a runaway shelter. enter into a contract for the that it should be reviewed by Minutes Regular Council Meeting October 5, 1933 Page 10 Mayor Pro Tem Turner inquired about the result if La Raza Council does not obtain the operating funds, or what would happen if there is no use for the shelter after a few years. Mr. Rodriguez stated that he could not answer the question as to whether there will always be a need for a runaway shelter. Mayor Pro Tern Turner expressed the opinion that there should be an agreement to the effect that if the center is no longer operated as a runaway shelter, it should revert back to the City. Council Member Berlanga stated that he understood that it is La Raza Council's intention to run this runaway shelter legally and properly and he did not think there would be any problem in allowing the City to designate whatever they would like to be sure that it is operated as it should be. Council Member McComb referred to Mr. Rodriguez's statement that there is a decline in the number of runaways and asked if they did not think it would be feasible to renovate an existing building rather than purchasing a new facility until it has been ascertained that there is a real need for this facility. Council Member Slavik referred to item 22 pertaining to a permit to drill a well in Corpus Christi Bay and inquired if the City receives any funds from this, and Mr. Hennings stated that they did not because the State of Texas owns this property. He explained that only a permit fee is paid to the City. Mayor Jones called for comments from the audience on the consent items 1 through 23. Dr. Maria Luisa Garza, speaking in regard to item 23, stated that she felt that some of the questions brought up during the meeting could have been answered by the Advisory Board for the shelter. She assured the Council that they have no intention of operating a facility without complying with all State laws and obtaining a license. She stated that it would be under jurisdiction of the Texas Department of Human Resources and all of the questions will be resolved. She mentioned several people who worked with the runaways and explained the proposed operation. Dr. Garza concluded her remarks by assuring the Council that La Raza will make the Council and the Staff members aware of the operation of the facility. There were rio further comments on the consent motions. A motion was made by Council Member Hawkins that the Consent Motions, items 1 through 23, with the exception of item 17 which had been withdrawn for two weeks, be approved; seconded by Council Member Berlanga; and passed by the following vote: Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye" on all of the items; Jones voting "Aye" on all of the items with the exception of item 23 on which he voted "no"; Kennedy, "absent". * * * * * * * * * * * Minutes Regular Council Meeting October 5, 1983 Page 11 Mayor Jones called for Consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 24 through 32. Mayor Pro Tem Turner referred to Ordinance 32 which is the third reading amending the 1983-84 Budget for the Marina Revenue Fund and stated that the Council is increasing the marina rates in order to make it competitive with other marinas. She expressed the opinion that the increased funds should be used for improvements, repairs, maintenance, clean-up and security and she felt that it is totally wrong to require the boat slip users to pay off the 1977 General Obligation Bonds that were approved by the voters of this City. Council Member Hawkins asked for an explanation of the approximate $58,000 which is in the budget at this time, and City Manager Martin explained that the $58,000 is for debt service of General Obligation Bonds but there is an other debt service for Certificates of Obligation. He admitted that the new item added is the marina's share of debt service for General Obligation Bonds. Mayor Jones inquired if the City is paying debt service at the Golf Center, and City Manager Martin stated that the City is but it is for Certificates of Obligation. Mayor Jones indicated that he agreed with Council Member Hawkins. Council Member McComb asked that the Council refer to his letter pertaining to the user fee allocation at the marina and pointed out that in the existing budget is a line item for $25,584.00 for debt service for Certificates of Obligation Bonds and he did not object to this. He noted, however, that the Staff is recommending that an additional $58,000 be paid out of user fees and he did not think that this was fair. Mr. McComb made a motion that the ordinance amending the Marina Revenue Fund be amended prior to third reading by amending Attachment "A" by deleting the line item under Expenditure for "Debt Service - G. 0. Bonds" in the amount of $58,628 and adding to the line item for "Maintenance Projects" the amount of $58,628 for a total of $142,258. The motion was seconded by Mayor Pro Tem Turner. Council Member Hawkins stated that he will vote for the motion because the Marina budget will contain debt service for the Certificates of Obligation and the debt service for General Obligation Bonds will be designated to a particular place in the budget. He stated that his only concern is that the Marina pay its way as any other department does. Mayor Pro Tem Turner commented that the City is making a distinction between revenue indebtedness and Certificates of Obligation indebtedness but she would like to ensure that the maintenance project would be much more inclusive than just maintenance and should include maintenance, repairs, improvements, security, etc. City Manager Martin stated that maintenance is a list of projects that need to be done at the Marina ranging from replacement of pilings to the dredging work, repairing electric lights, etc. Minutes Regular Council Meeting October 5, 1983 Page 12 Mayor Jones reviewed the motion by stating that Mr. McComb had made a motion to amend the recommendation of the Staff as far as the Marina budget goes as follows: (1) (2) (3) (4) (5) (6) (7) Administration Cost of Fuel Marina Operations Insurance Debt Service (already in budget) Maintenance Project Reimbursement to Bond Fund $ 51,106 (same) - 0 - (same) 377,395 (adjusted) 19,390 (same) 25,584 (same) 142,258 (adjusted) 22,500 (same) The motion classed unanimously. Mayor Pro Tem Turner inquired about the number of new slips that will be constructed, and Mr. Utter replied that 450 new boat slips will be constructed by the developers of the Land Mass. He also stated that the City has a number of slips that. are not useable at this time and hopefully some of these funds can be used to renovate these. Mayor Jones cal'ed for comments from the audience on these ordinances. Mr. Hank Snyder addressed the Council and spoke in favor of the proposed land mass and the increase in marina rate fees. Mr. John Stensland indicated that he concurred that every department should not have to pay bonded indebtedness. He pointed out that he did not feel it was logical to nave two different rates for boat owners. Speaking in regard to item 28 was Mr. Philip Rosenstein who stated that he is generally in favor of the changes on the Boards and Commissions but suggested that before they are appointed, the Council consider those who may be connected or employed by organizations that receive funds from the City. Speaking in regard to item 31 which was the third reading increasing the slip rental rates was Mr. Ted Purcer, 2800 Everhart Road, who objected to the increased costs because there have been no improvements as a result of former fee increases. He expressed the opinion that it is almost impossible to police the Marina and he speculated that security will be no better than it is now. He stated that he was of the opinion that the existing rates are competitive with area marinas. Mayor Pro Tem Turner encouraged Mr. Purcer to identify the list of things that he would like to have improved in the Marina as a result of the fee rate increase. Mr. Quentin Cook, 913 Delaine, expressed appreciation to the Council for removing the debt service from the proposed Marina budget. Minutes Regular Council Meeting October 5, 1983 Page 13 Mr. Raymond James, Vice President of the United Shrimpers Association, expressed the opinion that the proposed marina boat slip increases were too much and stated that the only way to make the Marina safer is to lock the boat slips. Mr. M. H. McKinney, 538 Parade Drive, informed the Council that he had received an increase in his personal property tax and questioned the need for a 50% increase for slip rental rates. He stated that he could accept a 1+4 increase but the recommended 34 increase is excessive. Mayor Pro Tem Turner inquired about the reason for establishing a 34 increase, and Mayor Jones reminded her that the last Council directed the Staff to devise a figure that would make the Marina self-supporting. Mr. Utter stated that that was correct and explained that the Staff had inserted figures that would provide minimum maintenance, minimum security and to make the Marina completely self -supported. Mr. Ed Hoffman, 5714 Hinman, expressed opposition to the increase in the marina rates. Mr. Paul Earls, 4433 Dolphin, expressed the opinion that a lot of people believed that only the rich can afford boats but pointed out that there are some small boat owners who have elected to spend their money on this hobby. He stated that he felt that there is an effort at this time by the City to make the Marina a playground for the rich and the increase in marina rates encourages this. He noted that the Marina service is used by more people than just the boat owners because people use the T -Heads for other recreational activities. He asked that the Council reject the City Staff's recommendation for an increase in fees. Mrs. Maude Keeling, 36 Rock Creek, stated that she owns a boat and has a slip on the Marina. She stated that most boat owners would be willing to pay a fee that would maintain the slips and provide better services. She pointed out that no one on the Staff had discussed this increase with the boat owners and expressed the opinion that boat owners should be on the Marina Board to provide input. She stated that the actual cost of the Marina should be separated from the T -Head cost which should be maintained by the City because it is a tourist attraction. Council Member Slavik stated that she felt that Mrs. Keeling had a valid concern about the membership on the Marina Board. Mayor Jones stated that he felt that probably there have been more boat owners on the Marina Board than indicated. He stated that the Board meets the first Thursday of every month at 4:00 p.m. and suggested that boat owners attend the meeting. Minutes Regular Council Meeting October 5, 1983 Page 14 There were no further comments on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 24. ORDINANCE NO. 17863: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE WILLOWICK PROVIDING FOR CITY PARTICIPATION IN THE DEVELOPMENT OF A PORTION OF WILLOWICK PLACE SUBDIVISION, FOR PARK PAVING IMPROVEMENTS ON WAPENTATE DRIVE, GRAND JUNCTION DRIVE, AND MONARCH STREET WHICH BOUND THE PARK AREA; APPROPRIATING $30,524.57; AND DECLARING AN EMERGENCY. ne Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 25. ORDINANCE NO. 17864: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE WILLOWICK PROVIDING FOR CITY PARTICIPATION IN THE DEVELOMENT OF A PORTION OF THF HALF STREET PAVING ON THE NORTH SIDE OF EVERHART ROAD ADJACENT TO WILLOWICK PLACE SUBDIVISION; APPROPRIATING $31,555.87; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the Following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 26. ORDINANCE NO. 17865: AUTHORIZING THE EXECUTION OF A CONTRACT WITH HELDENFELS BROTHERS lilt., FOR TAXIWAY AND RUNWAY IMPROVEMENTS AND APPROPRIATING $2,351,000; AUTHORIZING THE EXECUTION OF A CONTRACT WITH MU, INC.; FOR GROOVING OF RUNWAY 13-31 AND APPROPRIATING $(3,916.47; AUTHORIZING A CONTRACT WITH TRINITY ENGINEERING TESTING CORPORATION FOR TESTING SERVICES AND APPROPRIATING $33,000; AUTHORIZING AN AMENDMENT TO THE W. P. WILLS' ENGINEERING CONTRACT TO PROVIDE RESIDENT INSPECTION AND APPROPRIATING $55,950; APPROPRIATING $16,564 FOR CONST RUCTION PHASE ENGINEERING CHARGES FOR THE W. P. WILLS' CONTRACT AND REAPPROPRIATING $101,436 FROM PROJECT NO. 245-77-12 TO PROJECT NO. 245-82-8 FOR SUCH CHARGES; AUTHORIZING THE CITY MANAGER TO TAKE ALL OTHER ACTIONS APPLICABLE TO SAID PROJECTS ALL BEING SUBJECT TO FEDERAL AVIATION ADMINISTRATION APPROVAL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". Minutes Regular Council Meeting October 5, 1983 Page 15 27. ORDINANCE NO. 17866: AUTHORIZING THE EXECUTION OF A RIGHT OF ENTRY AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION OF THE STATE OF TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 28. FIRST READING: AMENDING CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES TO PROVIDE FOR LIMITATIONS ON TERMS AND SERVICE ON BOARDS AND COMMISSIONS AND TO PROVIDE FOR THE APPOINTMENT OF ADVISORY, NON-VOTING MEMBERS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 29. SECOND 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 second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 30. THIRD READING - ORDINANCE NO. 17867: 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 third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 31. THIRD READING - ORDINANCE NO. 17868: 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. Minutes Regular Council Meeting October 5, 11.1,s2 Page 16 The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 32. THIRD READING - ORDINANCE NO. 17869: 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. (As amended prior to third reading.) The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". Mayor Jones called for Action by Motion from the Regular Agenda on the following item: 33. Approving the transfer of the railroad station building to the Ingleside Chamber of Commerce and the transfer of the other railroad equipment at the Corpus Christi Museum to the Center for Transportation and Commerce in Galveston. A contract between the City and the South Texas Railroad Historical Society givens the Society the right to remove the property if the City has &Jared it surplus. The Society has requested these transfers, and the Museum Advisory Board recommends approval. Mr. Bill enn ; Assistant City Manager, explained that the presentation of the railroad station building and equipment was made to the City several years .ago, and the South Texas Railroad Historical Society and the City were to restore the equipment so that it could be used but that just never occurred. He stated that all involved have worked to find a place to relocate the equipment so that it can be put to good use. A motion was made by Council Member Mendez that the foregoing item be approved, seconded by Council Member Guerrero and passed unanimously. * * * * * * * * * * * Mayor Jones called for Consideration of the Ordinances from the Regular Agenda, City Manager Martin referred to Ordinance No. 34 approving airline lease agreements with American Airlines, Continental Airlines, Eastern Airlines, Emerald Air, and Southwest Airlines for a period of 24 years. He explained the difficulty in negotating the lease with the airlines, noting that discussions had been conducted -i"or several months in regard to increasing the rates. He stated that a corsuRant had been employed to recommend the rate setting methods. Minutes Regular Council Meeting October 5, 1983 Page 17 He stated that this point in time, the Corpus Christi market does not qualify for or justify premium rates. He explained that the various airlines preferred to adhere to the landing fees which are variable according to the number of flights that land. He explained to the Council further that this recommendation would be more than sufficient to collect enough funds to cover the budget cost, but if Continental Airlines does not resume their third flight or there are any more reductions, then the budget will be inadequate. He stated that this increase in landing fees will make Corpus Christi third behind D/FW and Houston Intercontinental in the State. Mayor Pro Tem Turner inquired about the total charge for airlines, and City Manager Martin explained that they pay for the ticket counter, office space, baggage areas, gate space, landing fees, etc. Mrs. Turner inquired if all of it were added together how this City would compare to other cities, and City Manager Martin replied that it cannot be tied together. Mrs. Turner then inquired as to how the City could justify the high landing fees, and City Manager Martin stated that he would prefer to reduce the landing fees and increase the fixed costs but the airlines prefer the variable landing fees. City Manager Martin then referred to Ordinance 35 which is the first reading levying a 1% tax on gross receipts from bingo games within the City of Corpus Christi. He explained that this action was allowed by the State Legislature. He reminded the Council that Nueces County had conducted the election and had previously collected the tax but this additional legislation allowed the City to collect a tax, but Judge Barnes of Nueces County requested that the City delay collecting this tax until the end of the County's fiscal year and indicated that he had no problem with this. Mayor Pro Tem Turner requested a list of organizations that conduct bingo games. City Manager Martin stated that the City could expect to receive $30,000 to $35,000 in tax revenue and explained that this would only be 1% and the total taxes collected will not be increased. City Manager Martin then referred to Ordinance 36 pertaining to the use of seines or nets for taking shrimp or fish inside the breakwaters of the marina and various areas of Corpus Christi Bay. City Manager Martin stated that there was an ordinance under consideration the preceding week prohibiting the shrimp boats from operating within certain distances. He reminded the Council that some shrimpers expressed opposition to the dimensions included in the proposed ordinance, indicating that it would adversely affect their business. He stated that it is his understanding that after a meeting with the officers of the Shrimpers Association, they have agreed to the figures as recommended today and the Staff also recommends the adoption. Minutes Regular Council Meetin October 5, 198" Page 18 Speaking in regard to this ordinance was Mr. Jim Tucker, President of United Shrimpers Association. He stated that his organization's officers had met with Tom Utter, the Marina Board and they have agreed to the prohibition in the areas as noted in the ordinance, but they would like to make one stipulation; to allow them to fish in the Ship Channel running through the breakwater to the Harbor Bridge because of the large number of shrimp there. City Manager Martin agreed, stating that in discussing the breakwater at the Museum, the area referred to by Mr. Tucker would not be included. Mr. Raymond James, Vice President of the United Shrimpers Association, stated that he, too, agreed with this ordinance. City Secretary Read polled the Council for their votes on the ordinances previously discussed and the following were passed: 34. FIRST READING: AUTHOR7ING THE EXECUTION OF LEASE AGREEMENTS WITH AMERICAN AIRLINES, INC., CONTINENTAL AIRLINES, INC., EASTERN AIR LINES, INC., EMERALD AIR, INCORPORATED, AND SOUTHWEST AIRLINES CO. FOR "TERMINAL RENTALS AND LANDING FEES EFFECTIVE AUGUST 1, 1963, FOR A PERIOD OF TWO AND ONE-HALF YEARS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent",. 35. FIRST READING: IMPOSING; A GROSS RECEIPTS TAX ON THE CONDUCT OF BINGO GAMES WITHIN THE CITY; PROVIDING FOR PUBLICATION, AN EFFECTIVE DATE, AND NOTIFICATION TO THE COMPTROLLER OF PUBLIC ACCOUNTS; AND PROVIDING FOR SEVERABILITY. The foregoing or-.iinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 36. FIRST READING: PROM Bi T ING I HE USE OF SEINES OR NETS FOR THE TAKING OF SHRIMP OR FISH IN CERTAIN WATERS OF CORPUS CHRISTI BAY; 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, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". * * * * * * * * * * * Minutes Regular Council Meeting October 5, 1983 Page 19 Mayor Jones announced public hearings on three zoning applications. 40. Application No. 883-15T - Mr. Aaron L. Ward, Text Amendment to the Zoning Ordinance: amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.55 setting forth a zoning classification of "A-1" Apartment House District on 17± acres out of the east 1/2 of Lot 7, Block 1, Nueces River Irrigation Park when annexed to the City of Corpus Christi, Texas. Mayor Jones read a letter received from the applicant's agent requesting that the decision on this application be delayed since everyone involved is out of the City. City Manager Martin informed the Council that if they plan to table the application, the hearing should be opened and recessed to a certain time. A motion was made by Council Member Hawkins that Application No. 883-15T be recessed until October 19, 1983; seconded by Council Member Mendez; and passed unanimously. City Manager Martin recommended that when the Staff sets a public hearing, they would like to have some direction from the Council as to whether or not we should allow people to request tabling a case at the last minute such as this. Council Member Slavik expressed the opinion that if a zoning case is tabled for further action, it should be only in an extreme emergency such as a death in the immediate family or other real hardship, otherwise such actions could work to the applicant's advantage since there may be people who are opposed to the change of zoning who would not be able to attend a later hearing. Mrs. Slavik then made a motion to that effect, seconded by Council Member Hawkins and passed unanimously. * * * * * * * * * * * 37. Application No. 883-2 - Dr. John R. Miller, D.V.M.: for a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on the southwest 61.00±' of Lot 11, Block 4, Club Estates South, located on the east side of Everhart Road, approximately 250' south of Snowgoose Road. Assistant City Manager Tom Utter informed the Council that in response to the two notices of the public hearing that were mailed, none were returned and that the Planning Commission and Planning Staff recommend that the zoning be denied and in lieu thereof, a special permit be approved for a veterinary clinic. He stated that an approved site plan had been submitted. Minutes Regular Council Meeting October 5 1983 Page 20 Mayor Jones ascertained that no one in the audience wished to speak on this zoning application. A motion was made by Council Member Guerrero that the hearing be close,J, seconded by Council Member Mendez and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance and the following was passed: 37. ORDINANCE NO. 17870: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JOHN R. MILLER, D.V.M., BY GRANTING A SPECIAL COUNCIL PERMIT FOR A VETERINARY CLINIC ON A PORTION OF LOT 11, BLOCK 4, CLUB ESTATES SOUTH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". * * * * * * * * * * * 38. Application No. 783-14 - Fiesta Gardens, Inc.: for a change of zoning row m 'T -RT -1B" ane family Dwelling District to "B-1" Neighborhood Business District on Lots 5 - 25, Block 5, Flour Bluff Gardens, and the east 165' of Lot 27, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located on the northwest corner of Dove Lane and Don Patricio Road. Mr. Utter explained that in response to the thirty notices of the public hearing, two in favor and five in opposition had been returned. He stated that both the. Planning Commission and Planning Staff recommend denial, but in lieu thereof, that a special permit be approved for the present use on the front portion of the property. Mr. Utter also informed the Council that the 20% rule is in effect in this particular case which requires seven affirmative votes of the Council to approve. Mr, Utter continued by stating that the developer no longer concurs with the site plan which he has already submitted. He stated that it was the Staff's understanding that the applicant was agreeable to everything on the site plan with the exception of the grassy area which he wanted to use as a parking lot but he no longer concurs with the site plan that has been submitted. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area, stating that the tract is presently occupied by a garden type rental unit for wedding receptions, etc. He referred to the Flour Bluff Development Plan which calls for this property to be zoned for multi -family dwellings. utes gular Council Meeting October 5, 1983 Page 21 Council Member Slavik asked for an explanation of the developer's objection to the site plan which was originally submitted. Mr. Wenger explained that the developer submitted the plan and indicated that they propose to locate parking only in a grass area because they do not want to pave the parking lot. He stated that they now want to cut off the back parking lot and allow the back portion of the tract to remain zoned "R -1B". Mr. Wenger provided a further explanation by stating that the activity currently in existence evolved from a retail operation of a nursery with plants to be removed by the customer. The owner then started renting the facility for receptions and other social events. He pointed out that the ordinance that requires a parking lot for over three spaces must be paved. Mayor Pro Tem Turner noted that this seems to be a highly rural vegetation area, and if the concrete parking lot is required, it becomes commercial in nature. Mr. Wenger pointed out that the ordinance does require the paved parking lot and a special permit usually requires more stringent requirements then lesser requirements. Mr. Royce Poelma addressed the Council as one of the owners of the property. He stated that they were never cited for a violation of zoning but they are trying to obtain a special permit. He stated that he felt that it was a compromise to just have the front portion rezoned and there is no opposition by the people in the neighborhood. He informed the Council that they only have about thirty to thirty-five events each year and they have had no problems with the parking on the grass area. He noted that this is one of the most beautiful spots in Flour Bluff and they have owned the property since February, 1982. Mr. Tom Austin, 848 Don Patricio Road, stated that he is very much opposed to having a parking lot next to his house. He stated that he does not object to the existence of Fiesta Gardens and the events held there. Mr. Paul Carrancialo stated that he is the adjacent property owner and that the neighbors have heard that the property is going to be sold. He stated that they do not object to the operation of the Fiesta Gardens but everybody is concerned about further business uses and possibly problems with the septic tank system. He expressed the opinion that he is concerned that even a special permit would create an interest in business zoning for this property and objected to the special permit, particularly with a black -top parking lot. Council Member Slavik inquired if he would object to a special permit allowing the exact same operation that has been in existence. She pointed out that a special permit could be limited to the same type of operation that is currently in existence. Utes gular Council Meeting October 5, 1983 Page 22 Council Member McComb pointed out that the special permit is just for a portion of the applicant's property. Council Member Guerrero inquired that if a special permit is approved and the property should be sold in the future, if it would not revert back to the original zoning at the time of the sale. Mr. Utter replied that it would not if it is sold and the same operation is continued. Mayor Pro Tem Turner stated that she would like to suggest that the operation be allowed to continue and a waiver be granted on the parking lot paving. Mr. Carrancialo then requested that a time limit be established with the special permit. He also stated that another property owner is also opposed to the change of zoning and he presented that owner's written objection. Mr. Utter explained that if a special permit is granted for a particular operation showing specific sizes of buildings and other items to be included, that is all that can be installed on that property. He stated that the only thing that he could see that could happen in the future that might be detrimental would be that the owners could book events every night during the year, but the facility could not be enlarged or changed. Mrs. Elizabeth Paine stated that she is apprehensive about the special permit and they are concerned that the owner can modify the facility. The former owner resided there and rented the gardens out for wedding receptions and other special events and the neighbors were acquainted with him and did not object to the type of operation at that time. Mr. Utter reiterated that if the Council approved the special permit according to the site plan, the only physical improvements that could be made are those on the site plan and that same special permit continues without interruption. He further explained that if the property is not utilized for the purpose according to the site plan within a certain time frame, the special permit will lapse and the property will revert back to "R -1B" zoning. He stated that the only problem that he foresees is that the special permit has no stipulation as to the number of times the facility can be rented. Mrs. Paine asked about the recourse they could have if the operation becomes objectionable, and Mr. Utter stated that there was nothing they could do even though it is legal to request downzoning on someone else's property. He pointed, however, that this had only been approved in one case in the history of the City. Mr. Jack Perry stated that he and a number of his family live in this area and they have no objection to retaining Fiesta Gardens as it is now in operation, but if it should grow, they would like to have the option or approving or disapproving the operation. Minutes Regular Council Meeting October 5, 1983 Page 23 A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Slavik and passed unanimously. A motion was made by Mayor Pro Tem Turner that the application be denied but that a special permit be approved according to an acceptable site plan with the stipulation that a paved parking lot would not be required. The motion was seconded by Mrs. Slavik. Mr. Utter noted that it would be possible to put a definition of the use in the ordinance. Mayor Jones suggested that a copy of the site plan be provided the neighbors. The motion passed unanimously by those present and voting. City Secretary Read stated that an ordinance was not before the Council at this time and would be presented at a later date. * * * * * * * * * * * * 39. Application No. 883-16T - Messrs. Leo & Joe Lowe & James R. Howze: Amendment to the Zoning Ordinance - Amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to the numbered 31-5.56 setting forth a zoning classification of "A-2" Apartment House District on 18.83± acres out of Lot 9, Section 5, Flour Bluff and Encinal Farm and Garden Tracts when annexed to the City of Corpus Christi, Texas. Mr. Wenger informed the Council that this area consists of about eighteen acres; it is outside the City limits and is presently vacant. He then showed slides of the area. He stated that the City Staff objects to the requested zoning because the applicant would be allowed to construct 683 units which would produce a substantial number of vehicle trips each day. He displayed a map of the area showing the existing zoning already in place in the area, noting that there is a great deal of land zoned "B-4" which is still vacant. He stated that the Staff is concerned about the amount of traffic that will be generated after all of the property in the area is developed. He explained that the Staff would not object to "A-1" zoning on one portion of this property. Council Member Slavik inquired if this had been discussed with the developers, and Mr. Wenger stated that they had discussed the possibility of "A-1" zoning but the applicant prefers that all of the property be zoned "A-2". Council Member Guerrero stated that the decision to be made by the City Council is whether or not they support the recommendation of the Planning Commission. Minutes Regular Council Meeting October 5, 1983 Page 24 Council Member McComb agreed that the Council should support the Planning Commission's decision but since the Planning Staff recommends denial, they should consider that as well. He pointed out that he felt that the Council should depend upon the Staff information because of the possibility of traffic congestion that will exist in this entire area when all of this property is developed, Mayor Pro Tem Turner inquired if a buffer of lesser zoning was considered to be located adjacent to the "R -1B" zoning, and Mr. Wenger stated that it was not discussed. Council Member Slavik expressed the opinion that the Council should rely on the Staff recommendation because she, too, is concerned about potential traffic in that area. Mayor Pro Tem Turner asked for an explanation of the future plan for Saratoga and Staples Streets. Mr. Wenger stated that there will be a six -lane divided thoroughfare on Saratoga all the way from Staples to Weber which will be completed in about one year. He pointed out that Wooldridge Road will be nothing but a collectors street and there are no plans for widening it. Mr. Gene Urban, representing the applicants, referred to the land use map arid pointed out an 80 -acre tract owned by the Hawn interests who plan to retain the "B-4" zoning for commercial uses. He noted another tract of 70 acres which is owned by the Hunt family which is also intended for commercial use. He then displayed another map showing the contemplated uses and expressed the opinion that the "A-2" apartment zoning they have requested would not overload the traffic on the streets in question. He also pointed out that apartments are also used as a buffer between single-family dwellings and commercial uses and the proposed development would perform that function. He also informed the Council that there is a main sanitary sewer trunk line and the sewer service is adequate for the proposed development. He stated that the possibility of zoning the property "A-1" was never discussed and in their opinion, single-family dwellings are not suitable backing up to a major street. Mayor Pro Tem Turner inquired if the developer would be willing to buffer the "A-2" zoning from the "R -1B" property with a high fence and Mr. Urban indicated that they would. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Slavik and passed unanimously. A motion was made by Council Member Guerrero that the Council concur with the recommendation of the Planning Commission and grant the zoning of "A-2"; seconded by Maycr Pro Tem Turner and passed unanimously. Minutes Regular Council Meeting October 5, 1983 Page 25 City Secretary Read polled the Council for their vote on the ordinance and the following was passed: 39. ORDINANCE NO. 17871: AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 SUBSECTION, 31-56 SETTING FORTH ZONING CLASSIFICATION OF SAID AREA OF LAND DEStRIBED AS 18.83 ACRES OUT OF LOT 9, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". * * * * * * * * * * * * City Manger Martin stated that he would like to have the Council's concurrence to schedule a joint meeting with the Library Board to hear a report on the plans for the new central library. The Council indicated their concurrence, and City Manager Martin stated that the arrangements will be made, possibly for the following Wednesday. Mayor Fro Tem Turner inquired as to when the Council will receive the timetable on the remaining projects, particularly City Hall. City Manager Martin stated that this will be ready by October 26th. He also stated that the Staff plans to invite the Corpus Christi Area Convention and Tourist Bureau representatives to appear before the Council to explain their program and they would also like to discuss multi -family bonds the following week. * * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Earl W. Walker, 3241 Brawner Parkway, requested that the City designate Sunday, October 16, 1983, as a day to honor firefighters who have given their lives in service to the City. He pointed out that this is National Fire Prevention Week. A motion was made by Council Member Hawkins that such a proclamation be issued, seconded by Council Member Guerrero and passed unanimously. Mr. Cecil Jenkins, 1119 Sixth Street, appeared before the Council to express opposition to assessments levied againts an elderly neighbor of his. Minutes Regular Council Meeting October 5, 1983 Page 26 Mayor Jones informed Mr. Jenkins that the Council had decided to have a full public hearing at the Convention Center at 7:00 p.m. on October 25, 1983. Mr. Jenkines continued by stating that the lady he referred to was Mrs. Jackie Rolesh who resides on Virginia Street. He stated that she is an invalid living on social security; her original assessment was over $700; the interest accrued is now over $200; and the total she owes the City is $900. He expressed the cpinion tnat the City should have some method of dealing with cases such as this in which the property owner cannot pay any of the amount owed. Mayor Jones requested the City Manager to investigate the case and provide a report. There being no further business to come before the Council, on motion by Council Member Mendez, seconded by Council Member Berlanga and passed unanimously, the Regular Council Meeting was adjourned at 6:35 p.m., October 5, 1983. * * * * * * * * * * * * DZ/rr