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HomeMy WebLinkAboutMinutes City Council - 11/02/1983I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of November 2, 1983 thru November 23, 1983, inclusive and having been previously approved by Council action, are by me hereby approved as itemized. November 02, 1983 - Regular Council Meeting November 09, 1983 - Regular Council Meeting November 16, 1983 - Special Council Meeting November 23, 1983 - Regular Council Meeting MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 2, 1983 2:00 P.M. PRESENT: Mayor Luther Jones Council Members: David Berlanga, Sr. Leo Guerrero Herbert Hawkins, Jr. Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik ABSENT: Mayor Pro Tem Betty N. Turner City Manager Edward 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 Dwain Crosby of Christ Free Will 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. A motion was made by Council Member Kennedy that Mayor Pro Tem Betty N. Turner be excused from the meeting; seconded by Council Member Slavik; and passed unanimously. A motion was made by Council Member Frank Mendez that the Minutes of the Special Council Meeting of October 25, 1983 and the Regular Council Meeting of October 26, 1983 be approved as presented; seconded by Council Member Slavik; and passed unanimously. Mayor Jones then administered the oath to Dr. Guadalupe Guerrero, a new appointee to the Museum Advisory Board. sip 191984 41/4041E0 tes i...yular Council Meeting November 2, 1983 Page 2 * * * * * * * Mayor Jones announced bid opening on the following item: Main depository bank contract and depositories for investment purposes. Mr. Chuck Daley, Director of Finance, opened bids from the following banks for the depository and investment accounts: Corpus Christi National Bank and Texas Commerce Bank, Corpus Christi. He also opened bids for investment purposes from the following banks: Western National Bank - Investments up to $500,000; American National Bank - Investments up to $1,000,000; First City Bank - Variable rates only up to $50,000,000; Southern National Bank of Corpus Christi - $2,000,000; Mercantile National Bank - $2,000,000. Mr. Daley reminded the Council that there are other banks that had submitted proposals for investment purposes only. City Manager Martin stated that a recommendation will be made for award within the next two weeks. Discussion followed, and Mayor Jones referred to the reference to temporary credit and inquired if the City had ever used such credit. City Manager Martin stated that the City had not but possibly, they should and gave as an example the City Hall project which might benefit from temporary credit loans. Mayor Jones called for Consideration of the Consent Motions on the following items: 1. Bids be received on November 22, 1983, for a salvage contract at the City's sanitary landfills for a period of one year with two one-year renewal options. 2. Twelve months supply agreement for leather palm work gloves be approved for Vallen Corporation, Corpus Christi, for the estimated total amount of $9,193 based on low bid. These gloves are be used by various departments. 3. Service agreement for a meal delivery service for the Elderly Nutrition Program be approved for Carr's Delivery Service, Inc., for an estimated total of $24,000. Eleven bid invitations were issued and three bids were received. 4. Plans and specifications for the Bowie-Crockett-Larcade Street Improvements project be approved and bids be received on December 1, 1983. This Voluntary Paving project was included in the 1982 Bond Program, and the streets are proposed to be reconstructed to residential street standards including curb and gutter, sidewalk and driveways. .tes .._.lular Council Meeting November 2, 1983 Page 3 5. Setting a public hearing for November 16, 1983 at City Hall Council Chambers during the City Council meeting starting at 2:00 p.m. for the annexation of an 88.24 acre tract of land out of Lots 8, 9, 10, 11, 22, 23 and 24, Section 11, Flour Bluff Encinal Farm and Garden Tracts, being platted as Brighton Village Units 3 and 4. Mayor Jones ascertained that no one wished to speak in regard to these items. A motion was made by Council Member Kennedy that the foregoing Consent Motions, 1 through 5 be approved; seconded by Council Member Guerrero; and passed unanimously. Mayor Jones called for Consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 6 through 22. Council Member Kennedy referred to Ordinance 7, which is for contract award for the pedestrian crossing at Peoples Street and Shoreline Drive, and recalled that on the original plans some permanent art was shown. He inquired if that was still shown on the plans and if so, how it will be paid for. Assistant City Manager Tom Utter explained that that was in the median and it is not in the plans at this time. He explained that the Staff is encouraging people to make donations of art but it was never contemplated that art work would be provided from Community Development Block Grant funds. Council Member Kennedy inquired if the Staff feels comfortable with the style of the furniture, etc., and Mr. Utter replied that those bids have not, been obtained yet. Council Member McComb referred to Item 9 which authorizes a contract with King Construction Company for street improvements in the Furman School Area and inquired if that was the same construction firm that had performed the work in the Spohn Hospital Area. He inquired if Gulf Coast Testing would perform all testing work to be sure that the concrete is a good quality. Assistant City Manager James K. Lontos assured the Council that the City will have extensive testing on the quality of the concrete. Council Member McComb then referred to Item 10 which approves an engineering contract with Urban Engineering for services during the construction phase of the Allison Wastewater Treatment Plant and inquired if that is a continuation of the original contract. Mr. Lontos explained that there are three phases of the EPA funded plant improvements and the procedures for obtaining an EPA grant. rtes .._.gular Council Meeting November 2, 1983 Page 4 Mr. McComb inquired as to the method of selecting engineering firms, and Mr. Lontos explained that the Staff selects the engineering firm and they have been using either Urban Engineering or McCaughan & Etheridge because at the time the City started the EPA grant applications, those were the only two engineering firms that had the qualifications and experience in this area for that type of work. Mr. Lontos continued by stating that there are probably other firms in the City now who are capable of doing this type of work and in the future, the Engineering Department will definitely receive proposals from other engineering firms. Council Member Kennedy referred to Ordinance No. 15 pertaining to the Spohn Hospital Area Street Improvements and the Change Order that provides for the installation of decorative lights on Furman Avenue. He noted that this is one of the oldest neighborhoods in the City; the residents have been working on improvements to their neighborhood for many years; they have preserved the early decor of that era; and they are to be commended for their efforts in improving this area. Mayor Jones suggested that a ceremony be conducted at the Furman Street location following completion of the project. Council Member Mendez referred to Item 18 which is the renewal of a lease agreement with Mr. Gabe Hernandez for concession privileges on the People Street T -Head and inquired as to how this lease was awarded. City Manager Martin explained that the City originally received competitive bids for operation of the concession stand and the price was established at that time. He pointed out that this is just a continuation of that lease. Mayor Jones inquired as to who pays the utilities on that building, and Mr. Utter stated that he would check this and inform the Council. A short time later, City Manager Martin informed the Council that the City pays for the electricity on the concession building except for the air conditioning. There were no comments from the audience on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 6. ORDINANCE NO. 17907: AUTHORIZING, THE EXECUTION OF A CONTRACT WITH DeBER, INC. FOR THE RETTA DRIVE SANITARY SEWER EXTENSION PROJECT; APPROPRIATING $65,000; AND DECLARING AN EMERGENCY. ites R gular Council Meeting November 2, 1983 Page 5 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 7. ORDINANCE NO. 17908: AUTHORIZING THE EXECUTION OF A CONTRACT WITH A. ORTIZ CONSTRUCTION AND PAVING COMPANY FOR THE PEOPLES AND SHORELINE PEDESTRIAN CROSSING; APPROPRIATING $90,000 FOR THIS CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 8. ORDINANCE NO. 17909: CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Furman School Area Phase I: 1. South Alameda Street, from Morgan Avenue to Agnes Street, 2. Tenth Street, from Craig Street to Mary Street, 3. Buford, Hancock, Coleman, Mary and Marguerite Streets, Street to South Staples Street, 4. Park Street, from South Alameda 5. Morris Street from Tenth Street Street to South Staples to Alameda Street; from Tenth Street, and FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 9. ORDINANCE NO. 17910: AUTHORIZING THE EXECUTION OF A CONTRACT WITH KING CONSTRUCTION CO. FOR THE FURMAN SCHOOL AREA STREET IMPROVEMENTS, PHASE I; APPROPRIATING $1,075,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 10. ORDINANCE NO. 17911: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH URBAN ENGINEERING FOR STEP 3 CONSTRUCTION SERVICES TO BE PERFORMED AT THE ALLISON WASTEWATER TREATMENT PLANT; APPROPRIATING $268,647; AND DECLARING AN EMERGENCY. tes Regular Council Meeting November 2, 1983 Page 6 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 11. ORDINANCE NO. 17912: APPROVING TWO CHANGE ORDERS WHICH TOTAL $9,115.69 FOR ADDITIONAL WORK AT THE OSO PLANT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 12. ORDINANCE NO. 17913: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HANK OLSEN PROVIDING FOR CITY PARTICIPATION IN THE DEVELOPMENT OF A PORTION OF CRESTMONT 8 SUBDIVISION, FOR PARK PAVING IMPROVEMENTS ON CAMARGO DRIVE WHICH BOUNDS THE PARK AREA; APPROPRIATING $16,720.38; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 13. ORDINANCE NO. 17914: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TRISTAR DEVELOPMENT, INC. PROVIDING FOR CITY PARTICIPATION IN THE CONSTRUCTION OF A BRIDGE IN AN EXISTING DRAINAGE RIGHT-OF-WAY AND DITCH ALONG THE SOUTHERN BOUNDARY OF THE INVERNESS UNIT B SUBDIVISION; APPROPRIATING $23,722.44; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by fhe following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 14. ORDINANCE NO. 17915: CLOSING AND ABANDONING A 10 FOOT WIDE UTILITY EASEMENT IN LOTS 4 THROUGH 7, BLOCK 2, FLOUR BLUFF CENTER; SUBJECT TO PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". rtes Regular Council Meeting November 2, 1983 Page 7 15. ORDINANCE NO. 17916: AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 2 TO THE CONTRACT WITH ASPHALT PAVING AND CONSTRUCTION CO. FOR THE SPOHN HOSPITAL AREA STREET IMPROVEMENTS, PHASE I, WHICH PROVIDES FOR INSTALLATION OF 8 DECORATIVE LIGHTS FROM SOUTH STAPLES TO CARANCAHUA; APPROPRIATING $19,798.56; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 16. ORDINANCE NO. 17917: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF GULFWAY SHOPPING CENTER BY GRANTING A SPECIAL COUNCIL PERMIT FOR 216 UNITS OR 27 UNITS PER ACRE, ON EIGHT (8) ACRES OUT OF LOTS 1 AND 2, SECTION 19, 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, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 17. ORDINANCE NO. 17918: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF AL W. DODDS BY GRANTING A SPECIAL COUNCIL PERMIT FOR MIX USE DEVELOPMENT OF COMMERCIAL AND RESIDENTIAL ON LOTS 33 AND 34, BLOCK 8, GARDENDALE NO. 2; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 18. FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GABE HERNANDEZ FOR CONCESSION PRIVILEGES AT THE CONCESSION BUILDING AT THE PEOPLES STREET T -HEAD, SAID AGREEMENT TO BE FOR A PERIOD OF FIVE (5) YEARS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". tes Regular Council Meeting November 2, 1983 Page 8 19. SECOND READING: REPEALING ORDINANCE 17288 WHICH AUTHORIZED A LEASE AGREEMENT WITH UTEX, INC., DBA BUSINESS DATA CONCEPTS, INC.; AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CARIBBEAN BLUE LTD., INC., FOR LEASE OF PROPERTY LOCATED AT 613 SOUTH SHORELINE FOR A THREE YEAR TERM. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 20. SECOND READING: AMENDING SECTION 4-5 OF THE CITY CODE TO CONFORM WITH STATE LAW, SEC. 109.33 ALCOHOLIC BEVERAGE CODE, AS AMENDED BY THE LAST SESSION OF THE STATE LEGISLATURE, ALTERING THE MEASUREMENT OF DISTANCE BETWEEN ON -PREMISES ALCOHOLIC BEVERAGE ESTABLISHMENTS AND PUBLIC SCHOOLS; PROVIDING AN EXCEPTION FOR EXISTING ESTABLISHMENTS; PROVIDING FOR VARIANCES: PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 21. SECOND READING: AMENDING APPENDIX H OF THE BUILDING CODE ADOPTED BY ORDINANCE NO. 15256 TO EXEMPT UNOCCUPIED MOBILE HOMES ON DEALER'S SALES LOTS FROM TIE -DOWN REQUIREMENTS EXCEPT DURING PERIODS OF TIME DESIGNATED AS BEING A HURRICANE WARNING OR ALERT; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 22. THIRD READING - ORDINANCE NO. 17919: AMENDING CHAPTER 19, OF THE CODE OF ORDINANCES TO PROVIDE FOR CONTINUING EDUCATION OF EMPLOYEES AT LEAST EVERY THREE (3) YEARS TO CONTINUE FOOD HANDLING CERTIFICATION AND TO PROVIDE THAT AN APPLICANT FOR RENEWAL OF A FOOD MANAGER'S PERMIT BE REQUIRED TO SATISFACTORILY COMPLETE THREE HOURS OF CONTINUING EDUCATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". uses negular Council Meeting November 2, 1983 Page 9 Mayor Jones called for Action by Ordinance from the Regular Agenda on Items 23 through 25. Mayor Jones referred to Ordinance 23 which authorizes acceptance of the public parks in a number of subdivisions of Padre Island and inquired as to how long it will take the City to recover the expenditure through taxes. City Manager Martin pointed out that the City will actually own 51 acres of park from this area. City Manager Martin then referred to Ordinance No. 24 which amends the City Code on Street Assessments. He stated that he would like to discuss one point contained in this ordinance. He noted that there are some homeowners who do not qualify under the criteria for low income owner/occupants to meet the 120% guideline of the HUD Section 8 income limits and they are the CD funded projects which should receive some consideration. He reminded the Council that the City is making a special dispensation for landlords of one and two-family dwellings in that they will be allowed 3% loans to pay their assessments. He stated that he would like to have Council guidance on an idea that the Staff is contemplating in that they are attempting to determine if the City should allow 3% loans for homesteads even if they are not eligible according to the HUD Section 8 guidelines. He stated that if the Council desires, the Staff will continue to pursue this plan for CD funded projects. Council Member Mendez expressed the opinion that this would be a good idea since the City would not lose any money. Mayor Jones pointed out that this change would encourage more citizens to, sign voluntary paving petitions. Along the same line, Council Member Mendez stated that he felt that there was a need for the Council Members to go into the neighborhoods to explain the guidelines to be sure that everyone understands them. City Manager Martin noted that the plan for the 3% loans for owner/occupants of homes in CD areas would be rather complicated and more work will have to be done on the plan. He suggested that the Council go ahead and approve this ordinance with the understanding that an additional ordinance would be forthcoming if they can work out the problems in other areas. There were no comments from the audience on these ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: Ates Regular Council Meeting November 2, 1983 Page 10 23. ORDINANCE NO. 17920: APPROPRIATING $141,422.04 FOR CURBS, GUTTERS, AND PAVING COSTS OF ONE-HALF THE STREETS ABUTTING CERTAIN TRACTS OF LAND IN GALLEON BAY PARK; AUTHORIZING $24,220 FROM THE UNRESTRICTED PARK TRUST FUND FOR RESIDUAL VALUE OF GALLEON BAY PARK IMPROVEMENTS; AUTHORIZING PAYMENT TO PADRE ISLES INVESTMENT CORPORATION OF $165,642.04 FOR THE CITY'S SHARE IN DEVELOPMENT OF AFOREMENTIONED TRACTS FOR PARK AREA SUBJECT TO DEDICATION OF SAID TRACTS FOR PARK USE; AUTHORIZING THE CITY MANAGER TO ACCEPT DEDICATION OF SAID TRACTS OF LAND FOR PARK USE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 24. ORDINANCE NO. 17921: AMENDING SECTION 49-21 OF THE CITY CODE TO PROVIDE FOR A NEW ASSESSMENT POLICY ON PROJECTS FUNDED BY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 25. ORDINANCE NO. 17922: REPEALING SECTION 55-55 OF THE CITY CODE WHICH PROVIDED FOR A POLICY ON WATER MAIN ASSESSMENTS; REPEALING CERTAIN OTHER ORDINANCES IMPLEMENTING SAID POLICY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". Mayor Jones referred to a notice from Nueces Electric Cooperative to the effect that they had withdrawn their request for a rate increase and asked if the City needed to take any further action. Council Member Mendez stated that the residents in the Wood River Area had contacted him and expressed concern that an additional request will be forthcoming in the future from Nueces Electric Co -Op. He inquired if Central Power & Light Company is required to petition the Public Utilities Commission in order to provide electricity for the Wood River Area. City Secretary Read explained that the letter from Central Power & Light Company indicated that the residents of Wood River would be required to make that request of the Public Utility Commission. .utes _.egular Council Meeting November 2, 1983 Page 11 On another matter, Mayor Jones stated that Judge Jack Hunter had requested that the Council conduct a closed session next Wednesday morning at 11:00 a.m. to discuss personnel. The Council Members indicated their concurrence with this time and date. Council Member Hawkins referred to the Federal Emergency Management Agency concerns about the proposed landmass to be constructed in the Bay. He stated that he would like to have a report from the Staff answering their concerns about the flood elevation for that landmass. He stated that he would also like to have a report regarding the exception granted to the City for the Marina Office and Building on the Lawrence Street T -Head. City Manager Martin stated that the Staff will provide a report on this. Mayor Jones referred to the report from FEMA and stated that the issue as he understands it is that a restudy of the Coastal Wave Action has been completed and should be submitted to us soon. He stated that the issue is a proposed Code which the City has not even seen yet. He asked City Manager Martin to provide further comments. City Manager Martin explained that the FEMA representatives come to Corpus Christi on an annual basis, meet with Staff and possibly, makes changes on the flood elevation status. He contended that the FEMA Staff person who writes the letter is not in the position to change the Bay area because it could have some very serious effects if they declare the Bay zone to be a "B -Zone". Mr. Hennings stated that this will require a 16 -foot elevation, and Mr. Martin reiterated that this could present some very serious problems to the City. Mayor Jones inquired if the representative from FEMA had discussed this with the City Manager and Mr. Hennings, and they replied that she had not. Mayor Jones expressed the opinion that something this significant should be discussed at least at the Department Head level and with the City Manager. Council Member Hawkins stated that his concern is that the landmass will not meet the regulations. City Manager Martin stated that it does meet the current regulation because the proposed landmass is in compliance with all regulations but it will not be eligible for flood insurance. Mr. Hennings stated that he plans to go to Denton in two weeks, which is as early as he can meet with the FEMA principals, because they are on vacation for two weeks at this time. aces ncgular Council Meeting November 2, 1983 Page 12 Council Member Hawkins stated that he has further concerns in regard to reprogramming of the Block Grant funds. He stated that some funds need to be reprogrammed but he did not agree that the funds should be reprogrammed from Census Tracts 4 & 5 to other census tracts since there are further needs for improvements in those areas. City Manager Martin reminded Mr. Hawkins that the Council did vote on reprogramming those funds and it was approved after a full presentation by the Staff. Mr. Utter explained that $65,000 had been spent in Census Tracts 4 & 5; the amount reprogrammed to other census tracts was approximately $35,000 and he will provide a copy of the memorandum to the City Council. He stated that the reprogramming added funds to other census tracts for clean-up since the City had cleaned up every piece of property in Census Tracts 4 & 5 on which they were able to obtain permission from the property owner. He stated that the Paint Program is continuing in those tracts. Council Member Mendez stated that he recalled the discussion on reprogramming funds but it was never explained that funds would be taken from Census Tracts 4 & 5. City Manager Martin stated that he felt that it was very clear during the discussion that the reprogramming would come from funds designated from Census Tracts 4 & 5. Council Member Hawkins objected to the expenditure of those funds when there are other funds available from other projects that are not really aimed at improving the life of the low and moderate income residents. Mayor Jones contended if the City has done everything they can in Census Tracts 4 & 5, then funds remaining should be reprogrammed to other census tracts. He stated that he had driven through that area and it appears that there are a number of lots that still need improvements. He suggested that improvements that are needed should be identified. Council Member Hawkins again objected to the reprogramming of funds from that area when there is still a need for further improvements. He urged that other funds be reprogrammed and stated that the officers of the Census Tracts 4 & 5 had good suggestions for use of additional funds. He stated that money is available and is probably in the bank drawing interest. City Manager Martin assured him that CDBG money does not draw interest. Mr. Utter explained that the only interest that the City receives is from rehabilitation loans but CDBG funds cannot be held for more than three days nor can the City receive interest from the funds because it goes into the revolving loan program. Council Member Hawkins reminded the Staff that recently, $40,000 in funds had been reprogrammed for the shelter for runaways. lutes _.agular Council Meeting November 2, 1983 Page 13 Mr. Utter explained the source of those funds. Mayor Jones suggested that a meeting be scheduled for the leaders of those census tracts with him, Council Member Hawkins and the City Manager, and Mr. Hawkins indicated that the early part of the week would be best for him. Council Member Hawkins stated that he had another concern and referred to a newspaper article in regard to travel reports of the Council Members. He stated that he thought it was very unfair that the Caller -Times selected this one time to publish the travel reports of several Council Members when it is well-known that travel reports in the past by other Council Members were even more. He stated that he felt that this Council, in particular, is being harassed and indicated that he was of the opinion that someone on the Staff is contacting the media in regard to certain items, mentioning the Council participation in the insurance program. City Manager Martin stated that he would like to refute those implications and inquired if Mr. Hawkins was accusing a member of his Staff of notifying the newspaper. He assured Mr. Hawkins that this would not be done by any member of his Staff. Mayor Jones reminded the Council that the newspaper reporter requested that he be allowed to examine the travel reports in the City Secretary's Office. He explained that in accordance with the Open Meetings Law pertaining to Open Records, the Staff had no recourse but to allow him to examine the travel reports. City Secretary Read continued the explanation by stating that the news media frequently check travel reports after trips made by the Council. Mayor Jones pointed out that travel reports are public documents and nothing can be done to keep anyone who requests from examining them. He pointed out that the taxpayers benefit greatly from trips made by the Council and the Staff in that they gain a great deal of knowledge and information which can be utilized by them in serving the City. He emphasized the fact that the amount of money spent on trips made by the Council to various conferences is money well spent. A motion was made by Council Member Mendez that the Council recess for ten minutes, seconded by Council Member Berlanga, and passed unanimously. Mayor Jones reconvened the Regular Council Meeting at 3:33 p.m. and announced public hearings on four zoning applications. lutes _.gular Council Meeting November 2, 1983 Page 14 26. Application No.983-12, Corpus Christi Theatres, Inc.: For a change of zoning from "F -R" Farm -Rural District to "B-4" General Business District being 7.00± acres out of a 39.233 acre tract and being a portion of Lot 1 and 2, Block 1, Nueces River Irrigation Park, located on the south side of Farm Road 624, approximately 600' west of Five Points Road (U.S. Highway 77). Assistant City Manager Utter informed the Council that seven notices of the public hearing had been mailed and none had been returned. He stated that both the Planning Commission and Planning Staff recommend approval. Mayor Jones ascertained that no one in the audience wished to speak in opposition. A motion was made by Council Member McComb that the hearing be closed, seconded by Council Mendez and passed unanimously. City Secretary Read polled the Council for their votes on the ordinance effecting the zoning change and the following was passed: 26. ORDINANCE NO. 17923: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CORPUS CHRISTI THEATRES, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOTS 1 AND 2, BLOCK 1, NUECES RIVER IRRIGATION PARK FROM "F -R" FARM -RURAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Hawkins, Kennedy, McComb, and Mendez voting, "Aye"; Turner, Guerrero and Slavik, "absent". 27. Application No. 983-6T, Topel Business, Inc.: 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 31-5.57 setting forth a zoning classification of "B-4" General Business District on Tract 1, "A-2" Apartment House District on Tract 2, "AB" Professional Office District on 3, "R-2" Multiple Dwelling District on Tracts 4 and 5, and "R -1B" One -family Dwelling District on Tract 6, Tract 1 being 13.26± acres, Tract 2 being 13.09± acres, Tract 3 being 17.34± acres, Tract 4 being 8.86± acres, Tract 5 being 11.37± acres, and Tract 6 being 36.16± acres, all Tracts out of Lots 4, 5, 6, 9, 10, 11 and 12, Section 20, Flour Bluff and Encinal Farm & Garden Tracts when annexed to the City of Corpus Christi, Texas, located south of Saratoga Boulevard and east of Airline Road. Mr. Utter pointed out that this property is outside the City limits and that there was no response to the twenty notices of the public hearing. He stated that the Planning Commission and Planning Staff recommend somewhat different zoning from that which was requested and asked Mr. Wenger to explain. .rtes regular Council Meeting November 2, 1983 Page 15 Mr. Larry Wenger, Director of Planning, stated that this is a prezoning request and located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. He stated that the Planning Commission and Planning Staff recommend approval of Tracts 1, 2, 4 and 6 and denial of a portion of Tract 3, which is south of the drainage ditch and a portion of Tract 5 which they recommend be included in Tract 6 for zoning of "R -1B". Mayor Jones inqui Wenger replied in the that he and the other plans ever presented surroundings. red if the applicant had agreed to those changes, and Mr. affirmative. He stated that he would like to point out Staff members feel that this is one of the best zoning to their Office in that it blends well with the Council Member McComb expressed concern about additional apartments with access on to Airline since there is no plan for widening Airline in the future. Mr. Wenger stated that that was true in that there is a problem with "A-2" zoning beyond this point with access to Airline. Mayor Jones invited the applicant to speak. Mr. Morgan Spear, Architect representing the applicant, displayed drawings of the design as they had requested it. He stated that they concurred with the recommendations of the Planning Commission and Planning Staff. He pointed out the various streets to be constructed as a part of the development and emphasized the fact that the high density housing will be located away from Airline Road so that there will be no traffic problem on that street. He noted that the property actually has excellent access in that it fronts on Saratoga, Airline, Rodd Field Road and on County Road 26A. He emphasized the fact that the apartment complex will be located so that exits will be on Saratoga Boulevard which will eventually be a six -lane street or from Rodd Field Road. Mr. Spear continued by stating that utilities are available to each of the areas and he pointed out the various streets and roads that will be added to the area, one of which will be a boulevard that will have 100 feet of right-of-way. He stated that the owners of the property plan to develop this area themselves and they are discussing the possibility of constructing a bridge over the drainage ditch with many amenities. He explained that either the apartments or the townhouses will be the first phase of the development, following which sections or units of single-family dwellings will be constructed. Mr. Spear also pointed out a lake that is located in the area and stated that they hoped to have the townhouses fronting on that lake. Speaking in opposition to the request was Mr. Chris Fowler, 3310 Briarhurst, representing Brighton Village Neighborhood Association. He presented a drawing of the subject property and the surrounding areas and stated that Brighton Village residents recognize the need and benefits of a comprehensive land use plan providing a coordinated approach to growth in Corpus utes ._.:gular Council Meeting November 2, 1983 Page 16 Christi. He stated that he feels that this application conflicts with the quality of development in their area. He stated that their organization's suggestion for the zoning of this development is as follows: Tract 1, "B-1" zoning; Tract 2, "R-2" zoning; Tract 3, that the developer provide them with written assurances that this parcel will remain and be developed with "AB" uses rather than apartments. He stated that the Planning Commission did not incorporate their request in their recommendation. Ms. Megan Wilson, 3322 Halfpenny Street, also representing Brighton Village Neighborhood Association, appeared in opposition and stated that their concerns are for an area larger than the subject property. She pointed out that there are already large areas of business and apartment tracts in that vicinity and they feel that the area is already overburdened with business use and apartment use; therefore, there is no need for additional business and apartment uses in this new development. She expressed the opinion that the traffic will be further increased if this zoning is approved. Ms. Wilson stated that they were told that this application will generate 14,000 car trips daily and pointed out that there are no plans to widen Saratoga from Staples to Rodd Field; Airline is dangerously narrow and there are no plans to widen it; and the expansion of Holly Road is limited because of the existence of the railroad tracks. Ms. Wilson also pointed out that there are a number of schools on Airline which makes it dangerous for children to walk to and from school. She stated that at the Planning Commission hearing, it was pointed out that most of the traffic will use Rodd Field Road but she felt that this was unrealistic since most of the major stores and shopping centers are on Airline. She also questioned whether there are adequate City services for this large development and whether adequate fire protection would be available. She pointed out that neither the Staples nor the Airline Fire Stations have a ladder fire truck which would be required to fight a fire in apartment units. She also referred to "A-2" zoning description according to the Zoning Book which indicates that this type of zoning should be located in the central City. She stated that this area definitely does not fall into that category. Ms. Wilson also pointed out that there is no need for additional "B-4" zoning in this area because "B-1" zoning would adequately serve the residents. She summarized her presentation by alleging that there is no planned development for the City and the Brighton Village residents would like to work with the Staff and the Planning Commission to design a Master Development Plan for this area of the City. Mr. Bill Stolp, 6538 Downey, noted that on September 13, the developer accepted minor changes proposed by the Planning Commission and Planning Staff. He stated that the residents of Brighton Village are very concerned about development in this area, noting that the south side is one of the fastest growing areas of the City and the City services are already overburdened. He also objected to the existence of so much "B-4" zoning in this area and urged that a Master Plan for this City be developed. Mr. Stolp also listed the three changes they would like to see in the application. Mayor Jones complimented the residents for their presentation. He stated that he would like to have more information as to why they think that Tract 1 should be zoned "B-1" instead of "B-4". utes _.`gular Council Meeting November 2, 1983 Page 17 Mr. Stolp stated that the "B-4" zoning would allow more intensive business use such as car dealers, etc., which would not be compatible with that area. He stated that the "B-1" zoning they have suggested would include the type of business that the developer has indicated will be located there. He explained that the reason they recommend "R-2" zoning for Tract 2 is to decrease the density in that area that already has many apartments and they would also like to have written assurances that Tract 3 will only be developed with professional offices rather than more apartments which would be allowed in "AB" zoning. Mayor Jones inquired if there was any method by which a zoning ordinance could provide written assurances, and Mr. Wenger stated that that is illegal, they cannot grant zoning with written assurances or restrictive covenants. Mr. Spear addressed the concerns of the residents of Brighton Village and pointed out that when owners decide to develop a tract, they have to examine the bottom line and the cost of the land. He explained that it was necessary to take the approach that it must be a profitable venture. He pointed out that there will be the necessity for the developer to construct a number of streets in this development and they have requested the very minimum zoning that could make it a profitable venture. He expressed the opinion that the types of zoning they have requested would be compatible with other development in the area and they have tried to design the streets so that the traffic will exit from this area on to a street other than Airline Road. He stated that in spite of what the opponents have said, this tract does have adequate drainage; utilities are available; and they have owners ready to develop the property. He stated that they do not anticipate that there will be a need to develop the "B-4" tract at this time, but as the City grows, there will definitely be a need for business zoning. He referred to the tract on which "A-2" zoning is proposed and stated that because of the high cost of the land, they could not profitably develop a low density use here. He referred to the bridge they propose to construct over the drainage ditch and pointed out that it will be very attractive and will deter speeding on that street. Council Member McComb inquired if "B-1" zoning on Tract 1 would be satisfactory, and Mr. Spear stated that they need "B-4" zoning on that corner because they have had some indication of interest in it even though they do not plan to construct anything there right now. Council Member Slavik pointed out that there does not seem to be a need for so many apartments at this time since the occupancy rate is very low in the City. Mr. Spear stated that the type of apartments they plan to build would be a high quality project and they anticipate that there will be a need for that type of apartments in the future. Mayor Jones referred to their request for a Master Plan for the City and he explained that there is no way that the City can produce any sort of Master Plan that would force people to locate certain development in different areas. He noted that many people would like to have control over adjoining property but if .utes _.“gular Council Meeting November 2, 1983 Page 18 they control that property, then they should be prepared to provide remuneration to the owners of the other property. He noted from his own past experience that the residents of Brighton Village will not suffer a decrease in valuation as a result of this proposed zoning change. He stated that the Council has to be fair with all property owners. Mr. Utter pointed out that there are three tracts of land that are in contention, one of which is Tract 3 which is recommended for "AB" zoning. He pointed out that the Brighton Village residents want certain assurances; the developer states that apartments will not be installed there; and he would suggest that a special permit for Tract 3 be approved with "AB" uses subject to an approved site plan which could be submitted within one year and if it is not submitted in that period of time, the zoning would revert to "R -1B". He referred to the other two tracts and informed the Council that the City Staff still feels that the recommended zoning is acceptable and reiterated that this is a very well designed development. Mr. Michael Mann addressed the Council and inquired if a piece of property is zoned "B-1" if it could later be changed to "B-4", and Mayor Jones replied that it could be through the usual zoning procedures. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. A motion was made by Council Member Kennedy that zoning for Application No. 983-6T be approved as recommended by the Planning Commission and the Planning Staff with the exception of Tract 3 and that a special permit be approved in lieu of the recommended zoning with the stipulation that an approved site plan must be submitted within one year or the zoning would revert to "R -1B". The motion was seconded by Council Member Guerrero. Council Member McComb pointed out that almost all of the zoning cases before the Council deal with apartment complexes around the Airline, Staples, Saratoga and Rodd Field Road area. He expressed the opinion that there may be too much density with no traffic plans for widening the streets in that area. He stated that even though he is in favor of development, he is very concerned about the quality of life in that area and he feels that plans should be made for the traffic patterns in that vicinity. Mayor Jones pointed out that if the City waits until the streets are constructed, there would be no development. Council Member Guerrero agreed stating that it is not feasible to build streets and then predict that the neighborhood will develop to them. The motion to approve the zoning as indicated passed by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb and Mendez voting, "Aye"; Slavik voting, "No"; Turner, "absent". :utes igular Council Meeting November 2, 1983 Page 19 * 28. Application No.983-10 - Messrs. Barry G. Andrews & James W. Barnette: For a change of zoning from "F -R" Farm -Rural District and "F -R" Farm Rural District with "SP" Special Permit to "I-2" Light Industrial on Lots 13-A, 14-D, and the south 12 of Tract A, Block 13, Lokey Subdivision, located on the north side of Wooldridge Road, approximately 325' west of Stillbrook Drive. City Manager Utter stated that eight notices of the public hearing had been mailed and in response, one in favor and none in opposition had been returned. He stated that the Planning Commission recommends "B-3" rather than "I-2" but the Planning Staff has no opposition to either "B-3" or "I-2". Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. He stated that the property currently has three residential structures located there and a dog kennel. Mr. Barry G. Andrews, 4421 Agnes, stated that they concur with the recommendation of the Planning Commission and they will accept the "B-3" zoning. No one else spoke in regard to this zoning case. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Mendez and passed unanimously. City Secretary Read polled the Council for their votes and the following ordinance was passed: 28. ORDINANCE NO. 17924: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF BARRY G. ANDREWS AND JAMES W. BARNETTE BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 13A AND 14D AND A PORTION OF TRACT A, BLOCK 13, LOKEY SUBDIVISION, FROM "F -R" FARM -RURAL DISTRICT AND "F -R" FARM RURAL DISTRICT WITH "SP" SPECIAL PERMIT TO "B-3" BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "absent". 29. Application No.883-13, Mr. Gabe Lozano, Jr. dba Lozano Insurance: for a change of zoning from "AB" Professional Office District to to "B-1" Neighborhood Business District on Lots 15 and 16, Block A, Phillips Addition, located on the northeast corner of Cleo and Baldwin Streets. Lutes ..egular Council Meeting November 2, 1983 Page 20 Mr. utter stated that in response to the twenty-six notices of the public hearing, three in favor and none in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend denial of this case. Council Member Kennedy asked about the study on the signage in "AB" zoning, and Mr. Utter informed him that the Planning Commission had not completed their study and did not have a recommendation yet. Mr. Wenger located the area on the zoning and land use map, which is occupied by professional office, and described the land use in the surrounding area. He then showed slides of the vicinity. Mayor Jones called on the applicant to speak first. Mr. Gabe Lozano, Jr. stated that he has requested the change of zoning in order to erect a free-standing sign in front of his insurance office. He stated that this sign is needed so that people will be able to find his place of business, noting that the Lozano Insurance Agency has been at this location for thirteen years. He displayed a drawing of the sign he proposes to erect and stated that it would not be illuminated. He informed the Council that the overall size is 43.60 square feet, which is 3 feet in excess of the size sign that would be allowed in "B-1" zoning. He stated that he would accept a special permit. Council Member Kennedy informed Mr. Lozano that the Council has recognized the need for some modification in the sign restriction in "AB" zoned property and at this time, they are waiting for the recommendation to be presented by the Planning Commission and Planning Staff. He stated that he will vote against this change of zoning or a special permit to allow for the erection of a sign until the Council has received the recommendation of the Planning Commission. Council Member Slavik inquired if he would be willing to scale down the size of the sign at least three feet so that it would not be in excess of that which is allowed in "B-1" zoning, and Mr. Lozano indicated that he would be willing to do this. Council Member McComb referred to the slides that had been displayed and pointed out several free-standing signs on the street. He questioned why some property owners are allowed to erect signs and some are not. He suggested that it might be well to instruct the Staff to stop procrastinating and provide the Council with a recommendation on signs in "AB" zoned property. He stated that he would like to establish a deadline of December 1, 1983 for the recommendation on signs in "AB" zoned property. Mayor Jones explained that signs are one of the most controversial issues ever discussed by the City Council in the past; they generate a real conflict of feeling; there was a proposed sign ordinance some years ago, but it was never discussed by the City Council or approved. Lutes =gular Council Meeting November 2, 1983 Page 21 Mr. Wenger stated that he would like to respond to Mr. McComb's remarks about the signs in existence in the vicinity of Mr. Lozano's Insurance Agency. He explained that one sign was approved by a special permit and the other sign is illegal and the owner is in the process of being cited for the illegal sign. A motion was made by Council Member Hawkins that this zoning application be tabled until December 7, 1983, seconded by Council Member Slavik and passed by the following vote: Jones, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga voting, "No"; Turner, "absent". Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Michael J. Ryan, 2833 Bluegrass Drive, stated that some time ago, he had purchased two tickets on Continental Airlines departing Corpus Christi for Montgomery, Alabama at a cost of $600. He stated that after he had purchased the tickets, Continental ceased operations and he had no way to obtain a refund of his money. He stated that the bankruptcy procedure filed by Continental was planned well in advance, yet, they allowed people to continue to purchase tickets for flights that they knew would not be made. He objected to the fact that Continental Airlines are using City facilities to continue operations even though they have filed for bankruptcy proceedings. He objected to the City's allowing Continental to operate at the Airport when they have misled potential passengers and in fact, have taken their money with no intention of refunding fares. He expressed the opinion that it is the Council's duty to protect its citizens better. Discussion followed and City Manager Martin expressed the opinion that it would be a dangerous practice for the City to file a claim on behalf of other` people. Mr. Ryan stated that he felt that Continental should not be allowed to operate from the City's Airport until they have settled all the claims of the Corpus Christi citizens. Mayor Jones stated that he did not feel that this would be in the best interest of the majority of the citizens of Corpus Christi if Continental were not allowed to operate from this City. Mr. Clay Moore, local auctioneer, referred to the discussion by the Central Business District Association concerning parking downtown. He asked the Council about their position on parking downtown. Mayor Jones stated that this was discussed during the morning Workshop Meeting and the vote was 4 to 4 on approving a parking facility for the downtown area. He stated that the Staff plans to return to the Council with a recommendation in about two weeks. lutes egular Council Meeting November 2, 1983 Page 22 Mr. Moore stated that he hoped that the land for the parking facility could be acquired without condemnation. Mr. Raul Torres referred to the tragedy in Lebanon at which time many United States Marines were killed and mentioned a Memorial Service that was conducted the preceding evening that was very poorly attended. He suggested that a larger service, possibly in the outdoor area, be planned as a Memorial Service for the Marines who lost their lives in Lebanon. He suggested that a special date be designated for this purpose and that all Veteran groups be invited to participate. There being no further business to come before the Council, on motion by Council Member McComb, seconded by Council Member Slavik and passed unanimously, the Regular Council Meeting was adjourned at 5:33 p.m., November 2, 1983. DZ/rr