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.
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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.
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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.
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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.
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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.
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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".
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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".
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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".
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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:
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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.
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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.
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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.
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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.
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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.
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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
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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".
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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
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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".
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*
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.
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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.
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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.
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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.
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