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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 .ute s ..:gular Council Meeting November 23, 1983 Page 2 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.) utes .egular Council Meeting November 23, 1983 Page 3 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. utes ..cgular Council Meeting November 23, 1983 Page 4 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. Lutes ..egular Council Meeting November 23, 1983 Page 5 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. sites .gular Council Meeting November 23, 1983 Page 6 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. utes ..egular Council Meeting November 23, 1983 Page 7 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. lutes _.,:gular Council Meeting November 23, 1983 Page 8 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". utes _gular Council Meeting November 23, 1983 Page 9 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: Utes negular Council Meeting November 23, 1983 Page 10 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. utes regular Council Meeting November 23, 1983 Page 11 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. Lutes _.egular Council Meeting November 23, 1983 Page 12 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. ites hcgular Council Meeting November 23, 1983 Page 13 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. utes ..,:gular Council Meeting November 23, 1983 Page 14 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 ites .._gular Council Meeting November 23, 1983 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 utes ..agular Council Meeting November 23, 1983 Page 16 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. ates ..,gular Council Meeting November 23, 1983 Page 17 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: utes _gular Council Meeting November 23, 1983 Page 18 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. rtes .__pular Council Meeting November 23, 1983 Page 19 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. ates 3ular Council Meeting November 23, 1983 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. * * * * * * * * * * * Utes _-_gular Council Meeting November 23, 1983 Page 21 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. lutes gular Council Meeting November 23, 1983 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. * * * * * * * * * * ites __gular Council Meeting November 23, 1983 Page 23 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. * * * * * * * * * * * DZ/rr