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.
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DZ/rr