HomeMy WebLinkAboutMinutes City Council - 11/23/1983MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
NOVEMBER 23, 1983
2:00 P. M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Betty N. Turner
Council Members:
David Berlanga, Sr.
Leo Guerrero
Herbert Hawkins, Jr.
Dr. Charles W. Kennedy,
Joe McComb
Frank Mendez
Mary Pat Slavik
Jr.
City Manager Edward A. Martin
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
!0a(bui d
Mayor Luther Jones called the meeting to order in the Council Chambers of
City Hall.
The invocation was given by the Reverend Onofre Leal of Iglesia Bautista El
Cordero 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 Slavik that the Minutes of the Regular
Council Meeting of November 9, 1983 be approved; seconded by Council Member
Guerrero; and passed unanimously.
Mayor Jones called for Action of the Council from the Workshop Session on
the following items:
1. The Transit Advisory Committee be expanded to 29 members.
SEP 191984 MICROEILMED
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2. The following appointments be made to the Transit Advisory Committee:
Organization Name
Representative Hugo Berlanga Ms. Katherine Mansheim Hewett
Chamber of Commerce Mr. Johnny Cotten
Council Members
Mayor Luther Jones
Herbert Hawkins, Jr.
Joe McComb
Charles Kennedy, Jr.
Pat Eisenhauer, Chairman
Jewel Wilson
Christine Marie Tetzlaff-Belhasen
Jesus Lopez
A motion was made by Mayor Pro Tem Turner that the foregoing actions be
confirmed, seconded by Council Member Kennedy and passed unanimously.
** 3.
Resolution opposing the issuance of Multi -family Revenue Bonds by the
Texas Housing Agency for projects within the City of Corpus Christi.
* * * * * * * * * *
Mayor Jones announced the presentation by Mr. Edward Vasquez of Edward
Vasquez and Associates of Dallas, Texas.
Council Member Guerrero stated that he had talked with Mr. Vasquez and
feels that he has some ideas in regard to the use of horse drawn carriages in
Corpus Christi.
Mr. Vasquez addressed the Council and expressed appreciation for being
allowed to do so. He stated that he is a native of Corpus Christi and explained
his background. He stated that he would like to return to Corpus Christi and
was considering starting a business here. He then introduced his family who
were present in the Council Chamber, stating that they were also interested in
establishing a business that would cater to the citizens of Corpus Christi and
tourists. He explained that they wanted to operate a company that will
primarily be located on Shoreline Boulevard involving horse drawn carriages. He
explained that he is aware of the negative attitude of the Animal Control
Advisory Board, Dr. Christopher Buttery and the Humane Society. He stated that
he, too, is concerned about animal care but pointed out that horse and buggy
businesses are located in several other cities in the United States. He
explained that he had contacted the Humane Society and the Police Departments in
the various cities in which such operations exists, one of which was Chicago and
they were informed that there are over 60 horses and buggies in Chicago which is
a much more congested city than Corpus Christi. He stated that they had
informed him that there have only been two incidents in the six-year period of
their operation in that city and ordinances have been passed to control the
** (This item was later considered in the meeting.)
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operation. He explained the operation in other cities, which include
inspections by City's personnel, and explained how the horses wear rubber shoes
and bags.
Council Member Kennedy commented that Mr. Vasquez had evidently made a good
study of the situation and seemed to have found solutions to all of the problems
mentioned by the Humane Society.
Mr. Vasquez assured the Council that they would be glad to work with the
Animal Control Advisory Board to be sure that everything is in order. He also
indicated that mules might be considered rather than horses even though horses
can withstand heat of over 100 degrees.
Council Member Slavik stated that she is opposed to this because of the
concerns of the Humane Society and she did not believe that Corpus Christi needs
this type of operation because of the excessive heat and high humidity. She
suggested that Mr. Vasquez talk to Mrs. Cissie Sweeney of the Humane Society.
Mayor Jones stated that the Council passed an ordinance allowing horse
drawn carriages on first reading and it was tabled until a recommendation had
been received from the Animal Control Advisory Board.
Council Member Guerrero stated that he felt that the Animal Control
Advisory Board should hear Mr. Vasquez' presentation and the Council indicated
their concurrence.
Council Member Guerrero then introduced his wife and daughter who were
present in the audience.
* * * * * * * * *
*
Mayor Jones called for Consideration of the Resolution from the
supplemental agenda.
A motion was made by Mayor Pro Tem Turner that the resolution be passed,
seconded by Council Member Slavik.
RESOLUTION NO. 17949:
PERTAINING TO THE IMPORTANCE OF LOCAL DECISION-MAKING ON THE USE OF TAX EXEMPT
BONDS FOR MULTI -FAMILY HOUSING; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing resolution passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb,
Mendez and Slavik voting, "Aye".
Mayor Jones called for comments from the audience on the resolution in
regard to the Housing Finance Corporation.
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Mr. Dennis Elmore, a partner in the Crowe -Western Company, stated that they
have made unsuccessful attempts to appear before the Corpus Christi Housing
Finance Corporation because they want to construct Chandler's Point with Revenue
Bonds. He stated that they then appeared before the Texas Housing Agency; they
complied with all of the requirements; and the primary reason they approached
the Texas Housing Agency is because they want to move forward with tax-exempt
bonds for financing prior to December 31, 1983. He noted that the primary
concerns of the City Staff are the market conditions and the City's bond
ratings. He referred to a study on housing of the City of Corpus Christi and
expressed the opinion that the City is lacking in quality housing even though
there are occupancy problems in a number of apartment complexes. He stated that
their units proposed for Chandler's Point will be of such quality that they will
rent very quickly. He pointed out that their project would not be completed
until 1985 and he is of the opinion that the unemployment rate will be decreased
by that time, creating a greater demand for quality housing. Mr. Elmore pointed
out that they will have guarantees on the bonds and he did not feel that there
would be an adverse effect on the City's bond ratings.
* Council Member Hawkins arrived at the meeting at 2:35 p.m.
Mayor Pro Tem Turner explained that the resolution did not speak to the
Chandler's Point project but expressed opposition to the issuance of bonds in
the City of Corpus Christi by the Texas Housing Agency.
Council Member Kennedy explained that another study will be completed by
December 2 and the Council objected to the State's issuing bonds when the City
is in a moratorium on additional housing. He stated that the Council feels that
they have a better opportunity to judge the needs of Corpus Christi than a state
agency.
Mr. Elmore stated that they will be assuming all of the risks rather than
the City on the bonds and jobs will be created and competitive housing would be
available.
Council Member Slavik inquired about the percentage of low-income rental
units they will have, and Mr. Elmore stated they are required to have 20%.
Council Member Mendez stated that there is a need for low-income properties
but the 20% category for the proposed apartments would not really help most
people.
Mr. Elmore stated that they have another first class project known as
Chandler's Mills for which they have a long waiting list for occupancy.
Mr. Utter explained that the state charges one point and the Corpus Christi
Housing Finance Corporation charges 1/2 a point and the state also charges a fee
for tax-exempt bonds.
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After further discussion, Mayor Jones informed Mr. Elmore that he would
have an opportunity to address his concerns about this matter by letter to the
City Council, care of the City Secretary's Office prior to Friday evening.
* * * * * * * * * * *
Mayor Jones called for Consideration of the Motions from the Consent Agenda
on the following items:
1. Bids be received December 13, 1983 for emergency air breathing equipment
for the Fire Department and Wastewater Divisions. Estimated expenditure
$14,800.
2. Twelve months supply agreement for sandy loam top soil used by the Park
Division be approved to FAK, Inc., Corpus Christi, Texas, based on only bid
received. Estimated annual expenditure $10,000. A sample survey of
companies issued bid invitations indicates two vendors could not supply the
material, one vendor could not be reached by phone and two vendors declined
to bid for lack of interest. Six bid invitations were issued and one bid
was received. Price remains unchanged since last contract 10/28/82.
3. Purchase of 572 tons of red sandy clay for the Park Division be approved
for Osburn Sand Company, San Antonio, Texas, based on only bid in the
amount of $7,007. This is the only known supplier for this material.
Price is unchanged from last purchase November, 1982. One bid invitation
was issued and one bid was received.
4. A public hearing be held on December 14, 1983, on the closure request of
Tulia Drive from Sands Drive easterly to the west boundary of the Flour
Bluff Independent School District properties. This 50 foot wide by 101
foot long dedicated roadway is unimproved at this time, and as the closure
would not affect traffic circulation in the area, the staff offers no
objection to the closure request.
5. Approving an agreement with Taft Architects and Kipp, Richter and
Associates, Inc. for architectural services for the new City Hall. The
cost of the contract through the schematic design phase would be $256,755.
Funds are available in the general revenue sharing budget. The contract
provides for analysis of three possible sites, a review of the old Sears
building, and development of several design options.
There were no comments or questions from the Council Members and Mayor
Jones called for comments from the audience.
Mr. Leroy McClintock referred to item 5 and inquired if a possible date had
been set for the site acquisition.
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City Manager Martin stated that December 21st is the goal set for the
decision on the site for the new City Hall.
A motion was made by Mayor Pro Tem Turner that the foregoing items 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 17.
Mayor Jones referred to item 7 which authorizes acquisition of Parcel 19 at
the corner of Military Drive and Navy Drive for the Navy Clear Zones Land
Acquisition Project and asked that a view of the area be displayed.
Assistant City Manager James K. Lontos complied and explained that a report
is being prepared that will be available within the next two weeks. He
displayed a drawing of the area to be acquired. He explained that an offer was
made on this property at the appraised value and the offer was accepted by the
property owner. He explained that the City is only purchasing vacant land and
assured the Council that the City does have a definite acquisition plan.
City Manager Martin stated that the City has not purchased any land that
has houses on it.
Mayor Pro Tem Turner inquired about the use of the land that is required,
and Mr. Martin stated that it could be used for grazing and farm type operations
only.
Council Member Guerrero referred to Ordinance 8 which is recommendation for
a contract award to JCO, Inc. for the Timon Boulevard Median Landscaping Project
and expressed opposition to the award of this contract because the company
involved has not had much landscaping experience. He also noted that the bid
they submitted was mechanically incorrect.
A motion was made by Council Member Guerrero that the bid recommended be
rejected and that award of the contract be made to the second low bidder.
The motion was seconded by Council Member Hawkins because of the
inexperience of this company.
Mayor Jones called for Staff comments.
City Manager Martin explained that basically the award is to be made to the
low bidder; they do not have any significant experience in landscaping but they
did submit a bid and a bond; and there is no basis for not recommending award to
this company. He explained that the City does not prequalify bidders and if
they can be bonded for this work, they should be considered.
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Mayor Jones inquired if Mr. Bob Voils was the major person who would be
performing the work, and Mr. Martin replied in the affirmative.
Council Member Mendez noted that this same company had bid on the project
for the NAS Drive landscaping improvements and he was told at that time that
they were from Bergstrum, Texas but he now understands that they are located in
Portland.
Mr. Lontos concurred that they did bid on the NAS landscaping project.
Council Member Mendez expressed the opinion that the City should award the
contract to a bidder who is very reliable on this project.
Council Member Kennedy inquired of Mr. Mendez if he was willing to
prequalify contractors of bids of over $1,000.
Council Member Slavik expressed the opinion that there is a need to
prequalify bidders and she is very concerned that the City does not know the
type of people with whom they are dealing.
City Manager Martin stated that they would prefer to prequalify bidders but
they find the practice rather questionable because sometimes cities or other
entities are able to help new small companies get started and if the City
requires prequalifications, no one would ever have the opportunity to do their
first job with the City. He reminded the Council that if prequalifications had
been necessary, the A. Ortiz Company would never have been allowed to do any
work for the City, but they have performed excellent jobs.
Mayor Jones stated that he questioned the motion on the floor because there
is a question as to whether or not the City will ever award a bid to this
particular contractor if it is not done now. He reminded the Council that Mr.
Gerald Smith, Mr. Lontos, and City Manager Martin are very well qualified to
make recommendations on bid awards.
Council Member Berlanga stated that he had spoken to the principal of this
JCO Company and they assured him that they are knowledgeable in landscaping;
they have all of the equipment they need; they live here in Corpus Christi; and
they will employ only local people. He stated that he hesitates to turn down
contractors if they are the low bidders.
Mayor Pro Tem Turner pointed out that the bids were competitive; they
provided the required bonds; where they are from should not be a criteria; they
do have experience; and since this is a legitimate bid that is the low bid, she
sees no reason to reject the bid.
Council Member Hawkins noted that sometimes it appears that companies are
created just to bid on a particular job and he felt that this company in
question was organized for this project only. He stated that he felt that this
bid should be rejected because of the lack of experience of the contractor.
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Council
when he felt that
and desire to prove himself.
starting out an opportunity
informed him that they were
experience, he would turn to
decides to prequalify bidders,
jobs would be eliminated.
Member McComb stated that as a small businessman, there are times
he might lack in experience but he does have the willingness
He pointed out that someone has to give people
to gain experience. He stated that if someone
rejecting one of his bids because of lack of
litigation. He pointed out that if the Council
most of the people who would ordinarily bid small
Council Member Kennedy suggested that if the Council plans to change the
process of bidding, then there should be a change in policy rather than
selecting one bidder and making the decision to reject a bid.
A motion was made by Council Member Hawkins that the JCO, Inc. bid be
rejected; seconded by Council Member Guerrero and failed to pass by the
following vote: Guerrero, Hawkins, Mendez and Slavik voting, "Aye"; Jones,
Turner, Berlanga, Kennedy and McComb voting, "No".
Council Member Slavik referred to the Isles Construction Company, stating
that they had constructed canals on Padre Island and asked about the quality of
their work.
Assistant City Manager Lontos stated that this company has performed quite
a bit of work for the city of Corpus Christi and he is not familiar with any
problems with the canals. He stated that the work performed for the City
included streets and other work and it has all been satisfactory.
Mr. Gerald Smith, City Engineer, stated that inspections are made of all
companies work on Padre Island and he was not aware of any problems with Isles
Construction Company on Padre Island, noting that they have been working out
there for five or six years.
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. 17940:
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NUECES DEVELOPMENT COMPANY
PROVIDING FOR CITY PARTICIPATION IN THE DEVELOPMENT OF A PORTION OF COUNTRY
ESTATES UNIT XI SUBDIVISION, FOR PARK PAVING IMPROVEMENTS ON SHELTON
BOULEVARD AND PISTOLA AVENUE WHICH BOUND THE PARK AREA; APPROPRIATING
$12,965.09; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Hawkins, Kennedy, McComb, Mendez
and Slavik voting, "Aye"; Guerrero, "absent at the time the vote was
taken".
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7. ORDINANCE NO. 17941:
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 19 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT;
APPROPRIATING $8,011; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Hawkins, Kennedy, McComb, Mendez
and Slavik voting, "Aye"; Guerrero, "absent at the time the vote was
taken".
8. ORDINANCE NO. 17942:
AUTHORIZING THE EXECUTION OF A CONTRACT WITH JCO, INC. FOR THE TIMON
BOULEVARD MEDIAN LANDSCAPING PROJECT; APPROPRIATING $100,000; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Kennedy, and McComb voting,
"Aye"; Hawkins, "abstained"; Mendez and Slavik voting, "No"; and Guerrero,
"absent at the time the vote was taken".
9. ORDINANCE NO. 17943:
AUTHORIZING THE EXECUTION OF A CONTRACT WITH CURRIES, INC. FOR LANDSCAPING
AND INSTALLATION OF AN IRRIGATION SYSTEM FOR THE NAVAL AIR STATION DRIVE;
APPROPRIATING $32,000; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Hawkins, Kennedy, McComb, Mendez
and Slavik voting, "Aye"; Guerrero, "absent at the time the vote was
taken".
10. ORDINANCE NO. 17944:
AUTHORIZING THE EXECUTION OF A CONTRACT WITH HELDENFELS BROTHERS, INC. FOR
THE CORPUS CHRISTI INTERNATIONAL AIRPORT ACCESS ROAD OVERLAY; APPROPRIATING
$128,403.83; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Hawkins, Kennedy, McComb, Mendez
and Slavik voting, "Aye"; Guerrero, "absent at the time the vote was
taken".
11. ORDINANCE NO. 17938:
APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR
THE IMPROVEMENT OF THE FOLLOWING STREET:
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Spohn Hospital Area, Phase II
Elizabeth Street, from South Staples Street to Ocean Drive;
DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING
PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING
ON THE PRELIMINARY ROLL FOR JANUARY 4, 1983 AT 3:00 P.M. IN THE CITY
COUNCIL CHAMBERS OF CITY HALL AT 302 SOUTH SHORELINE BOULEVARD; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Hawkins, Kennedy, McComb, Mendez
and Slavik voting, "Aye"; Guerrero, "absent at the time the vote was
taken".
12. ORDINANCE NO. 17939:
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF:
Spohn Hospital Area, Phase II
Elizabeth Street, from South Staples Street to Ocean Drive;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Hawkins, Kennedy, McComb, Mendez
and Slavik voting, "Aye"; Guerrero, "absent at the time the vote was
taken".
13. FIRST READING:
AUTHORIZING AN AMENDMENT TO THE LEASE WITH VAN DUSEN AIRPORT SERVICES, INC.
TO INCLUDE A 760 FOOT BY 200 FOOT TRACT OF LAND CONTIGUOUS TO ITS PRESENT
NORTH BOUNDARY.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Turner, Berlanga, Hawkins,
Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, "absent at the
time the vote was taken".
14. FIRST READING:
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR GRAZING PURPOSES WITH
LEROY K. AND PEGGY J. FENTON, FOR A FOUR ACRE TRACT OF LAND WHICH IS PART
OF THE ELLIOTT SANITARY LANDFILL.
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The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Turner, Berlanga, Hawkins,
Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, "absent at the
time the vote was taken".
15. SECOND READING:
APPROVING ASSIGNMENT OF RAINBOW BAIT SAND TO BOB HEIM, SAID BAIT STAND
BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY,
CONCERNING TRACT 12 OF THE COASTAL PUBLIC LANDS, ALL AS MORE FULLY SET
FORTH IN THE ASSIGNMENT AGREEMENT.
The foregoing ordinance was read for the second time and passed to its
third reading by the following vote: Jones, Turner, Berlanga, Hawkins,
Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, "absent at the
time the vote was taken".
16. SECOND READING:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN
THE CITY OF CORPUS CHRISTI AND TIM CLOWER, R. C. ALLEN, AND DIOCESE OF
CORPUS CHRISTI FOR THE ANNEXATION OF APPROXIMATELY 88.24 ACRES OF LAND OUT
OF LOTS 8, 9, 10, 11, 22, 23, AND 24, SECTION 11, FLOUR BLUFF AND ENCINAL
FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO
LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS
CHRISTI, S, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR
SEVERABILITY.
The foregoing ordinance was read for the second time and passed to its
third reading by the following vote: Jones, Turner, Berlanga, Hawkins,
Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, "absent at the
time the vote was taken".
17. THIRD READING - ORDINANCE NO. 17945:
AUTHORIZING THE EXECUTION OF A FIVE-YEAR GRAZING LEASE WITH WELTON GORBET
ON A 230 -ACRE TRACT ADJACENT TO LAKE CORPUS CHRISTI.
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Berlanga, Hawkins, Kennedy, McComb, Mendez
and Slavik voting, "Aye"; Guerrero, "absent at the time the vote was
taken".
* * * * * * * * *
*
Mayor Jones called for consideration of the following motion from the
Regular Agenda.
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18. A request for waiver of both the water acreage fee and sanitary sewer
acreage fee for a 5.4 acre tract being platted as Lots 8A and 8B, Block 1,
Rancho Alegre Subdivision be denied. The property is on Alegre Lane, two
miles south of the F.M. 624 and F.M. 666 intersection, west of the current
City Limits but within the City's extra territorial jurisdiction.
Assistant City Manager Lontos located the area noting that it is in the
City's extraterritorial jurisdiction; the Staff is of the opinion that fee for
water and sewage should not be waived; there is a water policy which requires
that all subdivisions coming within the City limits or extraterritorial
jurisdiction should pay an acreage fee to extend water lines to the subdivision;
and there are similar requirements for sanitary sewers. He stated that the cost
of these improvements for this subdivider would be about $5,000 and the Staff
feels that this is a just charge. He stated that the Staff does not recommend a
waiver on the fees for water or sanitary sewers.
Council Member Mendez inquired as to when these requirements became
effective, and Mr. Gerald Smith replied that the sanitary sewer requirement was
approved in December of 1982 and the water requirement in June of 1982.
Mr. Lontos further explained the necessity to have subdividers share in the
cost of these improvements so that the City will have adequate funds to extend
lines in accordance with the Master Plans.
Council Member Mendez continued and reminded the Staff that there are areas
around the Five Points vicinity that do not have sanitary sewers.
Mr. Lontos explained that the City requires a fee to be placed in escrow
which will be used to extend sanitary sewers to those areas as they are
developed.
Mayor Jones commented that this is a platting requirement pertaining to
extraterritorial jurisdiction.
Mr. Doug Walthall of Maverick Engineering stated that he represents Mr.
Glen Daniels. He stated that this subdivision is located nine miles from the
Five Points Area, three miles south of the Nueces River and the reason that it
falls within the extraterritorial jurisdiction of Corpus Christi is because it
is near Nueces River; otherwise it would not be in the extraterritorial
jurisdiction. He stated that this subdivision has been in existence for some
time; it consists of very large lots; they have individual water wells; and they
also have septic systems to handle the sewage. He stated that this particular
lot had to be platted and he felt in this situation this particular subdivision
was not addressed in the ordinance. He contended that since River Acres Water
Supply Company is in this area, the source of water for this subdivision would
come from another water organization rather than the City of Corpus Christi. He
agreed that Corpus Christi may expand out that far, but he feels that at that
time, this subdivision will already have obtained water from another company.
He explained that this is a replat of a larger lot. He also expressed the
opinion that sanitary sewer service will be provided by another system before
Corpus Christi expands this far in this direction.
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Mr. Lontos explained how the City of Corpus Christi annexed Nueces River in
order to protect the water supply from development that might occur in the area
along the river. He stated that the purpose of requesting the funds is to
provide for later extensions.
Mayor Pro Tem Turner inquired if this fee is imposed and at a later date
the developer obtains water from another source, if their money cound be
refunded.
Mr. Lontos stated that there is no provision for this and the City might
wish to exercise control by furnishing water to this subdivision. He reiterated
that right now they are under this City's control.
Mr. Walthall continued by explaining how if the water districts are
adjacent to a large metropolitan area, the State requires that the City grant
approval of service by another water district.
Council Member Kennedy pointed out that this is the growth pattern for the
City of Corpus Christi and it was his opinion that the City will expand out to
this area and this City should take over the water system.
Mr. Walthall reiterated that there is another water district for that area
and that district purchases water from Robstown.
Assistant City Manager Lontos again explained that it is a requirement of
the City's platting ordinance, and if this waiver is approved at the present
time, it will establish a precedent and the Staff feels that these funds are
necessary to provide proper extension to areas in the future and he felt that
everyone should comply with the ordinance.
Council Member Hawkins stated that he agreed with Mayor Pro Tem Turner's
remark about refunds if they are not necessary for extensions. Mr. Hawkins then
made a motion that the Council postpone action on the waiver until an
investigation has been made to see if it would be possible to make refunds if
the area is served by another water district.
Mr. Walthall referred to Mr. Lontos' statement mentioning the establishment
of a precedent but this would not be a precedent because the previous Council
waived paving and water requirements in this same subdivision last year.
Mayor Jones pointed out that the motion to table this matter in essence
denies the request for a waiver.
Council Member Hawkins pointed out that his motion was to postpone action
until it has been determined if reimbursement could be made at a later date.
Mayor Jones pointed out that eventually the water and sanitary sewer will
have to be extended even to this area.
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Mr. Robert Dickinson stated that he resides in Rancho Alegre and explained
that it is a long way out in the country; it is a highly restricted subdivision;
no one has a desire for City services; there are twenty-three homes out there;
and they do not mind paying the City if they receive improvements. He expressed
the opinion that it is not likely that the areas in between will be improved any
time soon because there is nothing around this subdivision.
Mayor Pro Tem Turner also questioned whether the requirement for fees is
fair. She asked Mr. Lontos if he felt that the ordinance could be amended to
provide for refunds in certain situations, and Mr. Lontos replied that they
could examine the possibility.
City Manager Martin suggested that the developer go ahead and pay the fees
in order to have his plat approved and the City Council could direct the Staff
to work out the possibility of a reimbursement policy in unusual situations. He
suggested that this matter might be referred to the Off -Site Utilities
Committee.
Council Member Hawkins then withdrew his original motion and suggested that
this be placed on the agenda in two weeks.
Mr. Lontos stated that if the Council plans to refer this to the Off -Site
Utilities Committee, that would require a much longer period of time in order to
set up a meeting for that committee, possibly as long as two months.
Council Member McComb suggested that the policy could be reviewed and make
it retroactive to this date if the policy is amended to allow reimbursement.
A motion was made by Council Member Hawkins that the request for a waiver
of the water acreage fee and sanitary sewer acreage fee for Lots 8A and 88,
Block 1, Rancho Alegre Subdivision be denied and that the Staff be directed to
examine a refund policy and if a reimbursement policy is devised, it would apply
to this appeal and this should be considered within sixty days.
The motion was seconded by Council Member Mendez and passed unanimously.
* * * * * * * * * *
Mayor Jones called for Consideration of First Reading of an Ordinance
pertaining to the Outdoor Music Festivals.
Mr. Bill Hennings, Assistant City Manager, stated that this pertains to a
proposed amendment as requested by Mr. Dickinson. He explained to the Council
that about ten years ago, the Council adopted the Outdoor Music Festival
Ordinance when such concerts first became popular. He explained that the
ordinance has been very effective because there has never been an Outdoor Music
Festival in the City. He explained that Mr. Dickinson plans to conduct open air
concerts on a permanent basis at the old Speedway Track and he would comply with
the same requirements of the ordinance but he would not have to go through the
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Page 15
special permit requirements every time he wanted to conduct an outdoor music
event. He stated that if the ordinance is amended, it would apply to any other
facility that is permanent in nature.
City Secretary Read polled the Council for their votes and the following
ordinance was passed:
19. FIRST READING:
AMENDING ARTICLE V OF THE CITY CODE BY ADDING SECTION 33-97 TO PROVIDE FOR
ANNUAL PERMITS FOR PERMANENT OUTDOOR CONCERT FACILITIES OPERATING AS AN
ONGOING BUSINESS AND ESTABLISHING A FEE FOR SAID ANNUAL PERMITS; AND
PROVIDING FOR PUBLICATION AND SEVERABILITY.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Berlanga, Guerrero, Kennedy,
McComb, Mendez and Slavik voting, "Aye"; Turner and Hawkins, "absent at the
time the vote was taken".
* * * * * * * * * * *
Mayor Jones announced the public hearings on four zoning applications.
20. Application No. C983-3, City of Corpus Christi, Texas: for a change of
zoning from "R -A" Residential Acreage District to "I-2" Light Industrial
District on Lots 1, 2, 33, and 34, Block 4; Lots 14 through 18 and 21
through 25, Block 6; and Lots 14 through 18 and 21 through 25, Block 7,
Flour Bluff Heights, located on the southeast corner of Skipper Lane and
Carletta Street and on the southwest corner of Skipper Lane and Boathole
Street.
Assistant City Manager Tom Utter informed the Council that in response to
the twenty-eight notices of the public hearing on this case, two in favor and
three in opposition had been returned. He also stated that a petition
containing 17 signatures expressing opposition to the change of zoning on the
western tract only was received. He also informed the Council that both the
Planning Commission and Planning Staff recommend approval of Lots 14 through 18
and 21 through 25, Block 6, and Lots 14 through 18 and 21 through 25 in Block 7,
Flour Bluff Heights and denial but in lieu thereof, a special permit be approved
for boat barns on Lots 1 to 33 and 34, Block 4, Flour Bluff Heights with no
screening fence requirement.
Mr. Larry Wenger, Director of Planning, stated that this is an area the
Council was instructed to create a new district of "RA". He explained that
there was a hearing to change the entire area from "RE" to "RA" at which time
two property owners were in opposition to the new "RA" zoning district because
they wanted their property to be zoned "I-2". He stated that this application
covered that particular property which they wanted zoned "I-2". He explained
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that the Staff recommends the one area be granted a special permit for boat
barns and the applicant is in agreement with that and a site plan has been
submitted. Mr. Wenger then located the area on the zoning and land use map,
described the land use in the surrounding area and displayed slides of the
vicinity.
Mayor Jones called for citizens who wished to speak in opposition to this
zoning application.
Mrs. Sue Guess, 12030 Up River Road, stated that she owns the Skipper
Valley Apartments directly across the street from the area on which a special
permit is recommended. She stated that she had objected last year when they
requested that the entire area be zoned "I-2". Mrs. Guess stated that if a
special permit is approved, is it true that there could be no other changes from
the site plan. She also questioned the type of material to be used for the boat
barns.
Mr. Utter replied that there is no knowledge as to the actual construction
of the boat barns and this would not be required to be included in the site
plan.
Mrs. Guess expressed opposition to the special permit because she is very
much opposed to any industrial development in the middle of a residential area.
Council Member Slavik inquired if it is possible to require that a site
plan include appearance of proposed construction, and Mr. Utter stated that
technically, the Council can require anything under a special permit but he did
not recall a special permit ever having been issued that specifies construction
of a particular material because the site plan primarily is for a specific use.
Mrs. Myrtle McAlpine, the applicant, informed the Council that she may
attempt to sell this property at the end of the year if she has not been able to
commence construction on the boat barns and pointed out that at that time, the
zoning will revert back to "RE". She assured the property owners present that
if she does construct the boat barn, they will look just as nice as the
surrounding buildings.
Mrs. Guess stated that she was sure that Mrs. McAlpine would build
attractive boat barns but she is apprehensive about the type of materials that
will be used. She stated that she would be opposed to the special permit but if
it is approved, she would like a provision to the effect that any exterior flood
lights be installed so that they would not shine into her apartments across the
street. She stated that she would also like some provision to be included in
the permit to prohibit construction of the buildings out of tin.
Mr. Utter stated that they could include a requirement to install shielded
lights from adjacent property owners in the special permit but he would be
hesitant to prohibit tin for construction of the boat barns because this is the
usual material used.
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No one else spoke in regard to this zoning application.
A motion was made by Council Member Berlanga that the hearing be closed,
seconded by Mayor Pro Tem Turner and passed unanimously.
A motion was made by Mayor Pro Tem Turner that the Council concur with the
recommendation of the Planning Commission and Planning Staff on Application No.
C983-3 with the added stipulation that flood lights installed be shielded from
adjacent property owners; seconded by Council Member Slavik and passed
unanimously.
City Secretary Read polled the Council for their vote on the ordinance and
it passed as follows:
20. ORDINANCE NO. 17946:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE CITY CF CORPUS
CHRISTI BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 14-18 AND 21-25,
BLOCK 7, FLOUR BLUFF HEIGHTS, FROM "R -E" RESIDENTIAL ESTATES DISTRICT TO
"I-2" LIGHT INDUSTRIAL DISTRICT AND BY GRANTING A SPECIAL COUNCIL PERMIT
FOR BOAT BARNS ON LOTS 1, 2, 33, AND 34, BLOCK 4, FLOUR BLUFF HEIGHTS; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy,
McComb, Mendez and Slavik voting, "Aye".
* * * * * * * *
21. Application No. 983-11, The Hearth Nursing Home, Inc.: for a change of
zoning from "A-1" Apartment House District to "AB" Professional Office on a
tract of land being 9.81± acres of Lot 2, Forum Mall, located on the north
side of Wooldridge Road, approximately 350' east of Rodd Field Road.
Mr. Utter stated that in response to the seven notices of the public
hearing, three in favor and none in opposition had been returned and that both
the Planning Commission and Planning Staff recommend denial but in lieu thereof
that a special permit be approved for a nursing home.
Mayor Jones ascertained that no one wished to speak in opposition to this
zoning request.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Slavik and passed unanimously.
City Secretary Read polled the Council for their vote on the ordinance and
it passed as follows:
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21. ORDINANCE NO. 17947:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE HEARTH NURSING HOUSE,
INC. BY GRANTING A SPECIAL COUNCIL PERMIT FOR A NURSING HOME ON A PORTION
OF LOT 2, FORUM MALL; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy,
McComb, Mendez and Slavik voting, "Aye".
* * * * * * * * * * *
22. Application No. 1083-1, Pels & DuBose Builders, Inc.: for a change of
zoning from "A-1" Apartment House District to "8-4" General Business
District on Lot 36, Block 2, Castle Park Unit 4, located on the northwest
corner of Castle Park Drive and Waldron Road.
Assistant City Manager Utter explained that there was no response to the
notices of the public hearing that had been mailed. He stated that the Planning
Commission recommends denial but in lieu thereof that a special permit be
approved for a strip shopping center. He stated that the Planning Staff
recommends denial because it is not in conformity with the Flour Bluff Zoning
Plan.
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
explained that according to the Flour Bluff Plan, the Staff is of the opinion
that apartments are most suitable for this location.
Mr. Jule Pels, one of the applicants, stated that it was his understanding
that the Staff recommended approval of the special permit as did the Planning
Commission, and Mr. Wenger stated that the Staff never did recommend anything
but denial.
Mr. Pels continued by stating that they felt that the strip center is
necessary because there are apartments at the rear which would act as a buffer
between their proposed business and the residential area.
To Dr. Kennedy's question, Mr. Pels stated that they planned the
construction of eight businesses.
Council Member Kennedy expressed the opinion that this is a good area for
small businesses that could be constructed in "B-1" zoning.
Mayor Jones expressed the opinion that the City Council should uphold the
Flour Bluff Development Plan.
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Council Member Slavik agreed that apartments would be the best use for this
location. She pointed out that the Planning Commission is not the final
authority on zoning because they are strictly an advisory board.
Mayor Pro Tem Turner stated that she felt that "B-1" zoning would be ideal
at this location, and Mr. Pels stated that he concurred with the Planning
Commission's recommendation for "B-1" uses.
Council Member Hawkins reminded the Council that they had granted many
exceptions at the time the Flour Bluff Zoning Plan was considered.
No one else spoke in regard to this zoning application.
A motion was made by Council Member Kennedy that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
City Secretary Read polled the Council for their vote on the ordinance and
it passed as follows:
22. ORDINANCE NO. 17948:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF PELS & DUBOSE BUILDERS,
INC. BY GRANTING A SPECIAL COUNCIL PERMIT FOR A STRIP CENTER ON LOT 36,
BLOCK 2, CASTLE PARK UNIT 4; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, and
Mendez voting, "Aye"; Jones and Slavik, "No".
* * * * * * * * * * *
23. Application No. 983-1, Mr. Exiquio "Kiko" Barrera, III: for a change of
zoning from "R -1B" One -family Dwelling District with "SP" Special Permit to
"B-1" Neighborhood Business District on Lot 3, Block 3, Gardendale
Subdivision, located on the south side of Bonner Drive, approximately 225'
east of Everhart Road.
Mayor Pro Teri Turner stated that her husband owns property within 200' of
this area and she will therefore, disqualify herself from consideration of this
zoning request.
Mr. Utter informed the Council that in response to the twenty notices of
the public hearing, three in favor and one in opposition had been returned and
that the Planning Commission recommends denial but in lieu thereof, that a
special permit be approved for a parking lot with a driveway exit on the east
side of the property, the dwelling unit on the property to remain in
single-family usage and subject to an acceptable site plan. He stated that the
Planning Staff recommends denial.
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Page 20
Mr. Wenger located the area on the zoning and land use map and stated that
this application was before the Council a short time ago in an effort to
establish a parking lot and a driveway along Bonner Drive. He stated that there
is a residential structure on the property; a special permit was approved with a
residential house to remain where it is; and the applicant has now requested a
driveway on the east side instead of the west side. He stated that they have
also requested that they be allowed to use the house for storage and a caretaker
and they want to rent out a portion of the house for office use.
Council Member Kennedy recalled the earlier zoning application and
expressed the opinion that the Council granted quite a lot at that time.
Mr. Wenger explained that the existing special permit was approved to allow
them to use the house as an office for the restaurant.
Council Member McComb recalled that one zoning case across the street on
Bonner was approved recently for businesses with living quarters above them. He
stated that it would be very difficult for this property owner to install a
driveway if the house has to remain as it is and he agreed with the
recommendation of the Planning Commission.
Mr. John Martinez, representing Kiko Barrera, agreed that the Council was
generous in the previous application but their need for parking is essential.
He stated that the neighbors are no longer opposed to their plans and the only
person objecting to it are the ones who own the Kiko Building. He stated that
they cannot install the driveway as recommended by the Council previously
because of the location of the existing house. He stated that he, personally,
would like to establish an office in the house that is located on this property
and the applicant would like to rent other office space for related uses.
Council Member Kennedy stated that he can understand their problem with the
driveway installation, and if the property owner next door no longer objects to
relocating the driveway, then he would be willing to approve it but he would
have a problem in approving "AB" use for the house.
A motion was made by Council Member Hawkins that the hearing be closed,
seconded by Council Member Slavik and passed unanimously.
A motion was made by Council Member Hawkins that Application No. 983-1 be
denied but in lieu thereof that a special permit be approved to change the site
plan to allow the installation of a driveway on the east side of the property
but that the other requirements of the previous special permit remain in effect;
seconded by Council Member Kennedy.
The motion passed with eight votes, Mayor Pro Tem Turner having
disqualified herself.
* * * * * * * * * * *
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Mayor Jones called for discussion of current concerns by the City Council.
Council Member Slavik stated that she had toured the Oso Wastewater
Treatment Plant and the area residents are very concerned about the name. Mrs.
Slavik then made a motion that the name of the plant be changed to Oso Water
Reclamation Plant and the address be noted as 501 Nile.
The motion was seconded by Council Member Mendez and it passed unanimously.
Council Member Kennedy noted that on the agenda next week will be an item
for a brief discussion of the bust by the artist of the Alonzo De Pineda statue
and a recommendation will be made that funds be made available for this to be
sent to Spain from the people of Corpus Christi. He stated that the cost will
be about $6,000 and it will be funded from the hotel -motel tax. Dr. Kennedy
then made a motion that those funds be appropriated for this purpose and the
motion was seconded by Council Member Guerrero.
The motion passed unanimously and City Manager Martin stated that this
should be on the agenda next week for action.
Council Member Berlanga stated that he had also requested information in
regard to sewer backup. He stated that he understood that there is a machine
that rakes and cleans the pipe at sewer plants and suggested that this be
examined by the Staff.
Mayor Jones concurred and asked for a report on this machine.
Mr. Berlanga continued by stating that he would also like for the Staff to
examine the possibility of property for MHMR to build on. He stated that he
felt that there are places in this City that can be acquired.
City Manager Martin stated that there is a program whereby if land is
obtained and donated to the State, they would then build a facility and it could
eventually be turned back to the City. He stated that they will be glad to
pursue this subject but it is possible that funds would be necessary to operate
such a facility.
Council Member Berlanga referred to the City's Affirmative Action Plan and
stated that he has another idea that he would like to discuss and suggested that
this be on the agenda the next week. He commented that he understood that the
Corpus Christi Army Depot is receiving an award for their excellent Affirmative
Action Plan and stated that he would like to present their plan to the Council
next week.
Mayor Jones informed Mr. Berlanga that City Manager Martin has job
descriptions from CCAD already and he did not believe that Mr. Martin has had
time to present the plan yet.
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Page 22
Mr. Berlanga stated that he would like for the Council to consider his
plan, and Mayor Pro Tem Turner suggested that he present the plans to the
Council in their packets next week.
City Manager Martin stated that the Council had approved the Affirmative
Action Plan; the Staff is already working on this; and there is only one way
that a director for this position can be hired and that is by the City Manager.
He stated that ads for this position will be in the newspaper next week.
Council Member McComb then made a motion that the current owners of the Old
Nueces County Courthouse be notified that if the City does not receive firm
plans for remodeling, renovating, or use of the building by January 4, 1984,
that condemnation proceedings will be started.
The motion was seconded by Mayor Pro Tem Turner and it passed unanimously.
Council Member Slavik referred to the Spohn Hospital Area Street
Improvements which were funded through Community Development Block Grants. She
stated that there were fourteen cases with pictures of problems in that area and
asked that this be corrected.
Mr. Lontos stated that every contractor does very good work for the City
and occasionally, poor work is done and that is probably what happened in the
Spohn Hospital Area Street Improvements. He assured the Council that the Staff
is trying to determine what corrective action should be taken and who is
responsible for the poor quality work.
Mayor Pro Tem Turner stated that she feels very strongly that there are
things that the City should have done even though there is a lack of funds. She
referred to the Airport and expressed the opinion that all work there should be
completed even if it requires as much as ten years. She continued by stating
that she would like to have a ten year plan for the Airport and mentioned the
necessity to relandscape the entrance road. She stated that she would like to
see a list of things to be done and an estimate of the cost.
City Manager Martin agreed that some of the things that she had mentioned
previously have not been addressed but some of them have been such as air
conditioning the concourse, etc.
Council Member Kennedy inquired if when the Council receives the Burke
Plan, if it would be possible to tour the airport to see where the areas are in
which improvements are needed, and Mayor Jones agreed.
* * * * * * * * * *
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Mayor Jones called for Petitions or Information from the Audience on
Matters not Scheduled on the Agenda.
Mr. Tommy Schafer addressed the Council and stated that he owns a jewelry
store at 12221 Leopard Street which is next door to the soup kitchen operated by
Metro Ministries. He explained what a bad area it was and how much difficulty
people have in shopping in that area. He also objected to the health conditions
that exist at the Loaves and Fishes Place and stated that he had called the
Police Department 49 times for incidents that occurred at Loaves and Fishes. He
alleged that this project interferes with the operation of his business. He
suggested that the City investigate the type of enforcement that the City of
Austin has followed in connection with transients.
City Manager Martin stated that the City's Human Relations Commission is
working with Metro Ministries in an attempt to find another location.
Mayor Jones stated that he felt that the Council should allow
representatives of Metro Ministries an opportunity to speak on this issue also.
He stated that he felt that they have an excellent plan to help the needy.
A motion was made by Council Member Guerrero that this be listed as an
agenda item.
Mayor Jones agreed that it should be an agenda item and that an invitation
to Metro Ministries be issued to allow them to appear at the same time.
The date of December 7 was set for this discussion.
Council Member Slavik stated that if the City attempts to restrict the
rights of these people, problems will occur with ACLU, etc. and she felt that
the best thing to do would be to contact Mr. Richard Duncan to try to see if
something can be done to clean up the area.
Chief Bill Banner of the Police Department stated that there is strong
police support in that area and the Ministers have requested that violations be
subject to the usual penalty.
Mr. Rick Gregory of Channel 6 stated that he thought that a solution had
been reached by which the people would be fed from the back door of the
building.
Mr. Schafer stated that they were denied the use of that area.
The decision was made that this be on the December 7 agenda.
There being no further business to come before the Council, on motion by
Mayor Pro Tem Turner, seconded by Council Member Hawkins and passed unanimously,
the Regular Council Meeting was adjourned at 6:17 p.m., November 23, 1983.
* * * * * * * * * * *
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