HomeMy WebLinkAboutMinutes City Council - 12/01/19831
1, LUTHER JONES, Mayor of the City
of Corpus Christi, Texas
certify that the foregoing minutes, same
being for the period of
December 1, 1983
thru
December 21, 1983,
inclusive and having been previously approved by Council action,
are by me hereby approved as itemized.
December 01, 1983 - Regular Council Meeting
December 07, 1983 - Regular Council Meeting
December 14, 1983 - Regular Council Meeting
December 20, 1983 - Special Council Meeting
December 21, 1983 - Regular Council Meeting
ther ¶ es
MAYOR
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
DECEMBER 1, 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
City Manager Edward A. Martin
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Council Member Joe McComb, following which the
Pledge of Allegiance to the Flag of the United States was led by Council Member
Frank Mendez.
City Secretary Bill G. Read called the roll of required Charter Officers
and verified that the necessary quorum was present to conduct a legally
constituted meeting.
Mayor Jones called for Action of the Council from the Workshop Session on
the following items:
1. Authorizing the defense and indemnification of certain city officers
and employees named as defendants in Cause No. C-83-99, filed in the
U.S. District Court, Southern District of Texas, Corpus Christi
Division, pursuant to City ordinance section 39-16.
Mayor Jones explained that this pertains to a lawsuit against the City
Manager, Chief of Police and the City of Corpus Christi.
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A motion was made by Mayor Pro Tem Turner that the foregoing item be
approved, seconded by Council Member Joe McComb and passed unanimously by those
present and voting.
2. The Corpus Christi '90 Program be endorsed conceptually and the
recommended staffing and funding for the program be authorized.
A motion was made by Council Member McComb that the foregoing item be
approved, seconded by Mayor Pro Tem Turner.
Council Member David Berlanga inquired about the people involved in
preparing the workbook, noting that it was new material for him. He expressed
the opinion that the Council Members should have had some input before the
booklet was prepared. He mentioned that there were several organizations such
as LULAC that were not represented in the organizations listed. He reiterated
that he felt that the Council Members should have been informed that this was
being prepared.
Mayor Jones explained that most of the Council Members were attending the
National League of Cities in New Orleans; this is just a draft; Mayor Pro Tem
Turner was instrumental in having the booklet prepared; and the only thing that
the Council is going to approve is funding for the project and authorization for
the Staff to proceed with the plans. He assured Council Member Berlanga that
all of the_Council Members will have input into the final book.
Council Member Slavik indicated her concurrence with Mr. Berlanga's
concerns and stated that some of the people she represents have asked her about
the Plan and she was totally unaware of it. She suggested that in the future,
when the Council is working on goals, that the entire Council be notified so
that they will be familiar with the project. She, too, stated that she had
never seen the book, yet they were expected to vote on it during the morning
Workshop session. She questioned the effect this would have on her constituents
if she voted on something with which she was unfamiliar.
Mayor Jones reminded the Council that during their goal setting meeting,
this was one of their primary goals for the implementation of the program for
1990. He reiterated that the only thing the Council is approving is
authorization of the program and the recommendation that staffing and funding be
so authorized.
City Manager Martin explained that this workbook is no different from a
Staff report that is sent to the Council every Friday -- it is just in a
different format. He assured the Council that this is just a concept and the
list of organizations are merely suggestions. He stated that the workbook was
just meant to be a starting place to begin discussions and there are a lot of
things that the Council Members can and will probably change.
The motion to approve the conceptual plan and the recommended staffing and
funding for the program passed unanimously by those present and voting.
* * * * * * * * * * *
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Mayor Jones referred to the item calling for the approval of the Minutes of
the Regular Council Meeting of November 16, 1983 and stated that he understood
that the Staff had some suggestions.
Assistant City Manager Tom Utter explained that during the meeting of
November 16, a zoning case was heard on the application of Mr. Ramey Beene. He
stated that the portion of the Minutes on this case are on pages 12 through 14.
He referred to page 14 which indicates that the ordinance granting the zoning of
"B-1" on Mr. Beene's application failed to pass. He explained that at the time
the Council considered this application, a letter of opposition had been
received from Mr. Ray Peterson which the Staff understood invoked the 20% rule
which would require seven affirmative votes of the Council to approve the
requested zoning.
Mr. Utter explained that the Staff had been informed on December 1 that Mr.
Peterson is not the owner of the property in question and the 20% rule was
actually not in effect. He stated that the vote on the ordinance to approve the
zoning was six affirmative votes to three negatives votes, and since the Staff
now feels that the 20% rule was not in effect, the vote was sufficient to
approve the change of zoning.
He requested that at the time the Council approves the Minutes that this
change be made in the Minutes prior to approval.
City Manager Martin stated that he was of the opinion that legally, there
should be a supplement to the Minutes rather than their being changed, and Mayor
Jones asked for a legal opinion.
City Attorney Aycock stated that he felt that legally, the Minutes could be
changed.
Council Member Guerrero stated that he agreed with the City Manager because
he felt that the Minutes should actually reflect exactly what happened that day.
City Manager Martin reiterated that he felt that a supplement to the
Minutes should be added to reflect that new information was received and the
ordinance did pass.
A motion was made by Council Member Guerrero that the supplement to the
Minutes be prepared to reflect that the ownership of the property owner who had
expressed opposition was in error and the ordinance did in fact pass by a vote
of six to three.
The motion was seconded by Council Member McComb and passed unanimously.
A motion was then made by Council Member Guerrero that the Minutes of the
November 16, 1983 be approved with the supplement; seconded by Council Member
McComb; and passed unanimously.
* * * * * * * * * * *
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Mayor Jones announced the bid opening on the following engineering project:
Bowie-Crockett-Larcade Street Improvements. This Voluntary Paving project
was included in the 1982 Bond Program and the streets are proposed to be
reconstructed to residential street standards including curb and gutter,
sidewalks and driveways.
Assistant City Manager James K. Lontos opened bids on this project from the
following firms: Claude Chapman Construction Company, Goldston Corporation,
King Construction Company, and Maverick Construction Company.
Mr. Lontos verified that the required bid security bond had been submitted
with each bid.
Mayor Jones expressed appreciation to the companies that had submitted bids
and stated that they will be tabled for 48 hours, pursuant to the requirements
of the City Charter, and referred to the Staff for tabulation and
recommendation.
Mayor Jones called for Consideration of the Consent Motions on the
following items:
1. Bids be received December 27, 1983 for two emergency replacement traffic
signal controllers for the Traffic Engineering Department. Estimated
expenditure $6,000. The controllers are used to replace malfunctioning
controllers while they are being repaired and are included in the 1983-84
Budget.
2. Bids be received December 27, 1983 for twelve months supply agreement with
option to extend for an additional twelve months at the same terms and
conditions, subject to the approval of the supplier and the City Manager,
or his designee, for window cleaning and custodial service for various City
facilities such as the Airport, Tax, Finance, Data Processing, Animal
Control, Land Acquisition, Flour Bluff Clinic/Library/Utility Offices, and
Water Division.
3. Bids be received December 27, 1983, for twelve months supply agreement,
with option to extend for an additional twelve months, subject to the
approval of the supplier and the City Manager, or his designee, for captive
bus repair parts and accessories from General Motors Corporation (Est.
$50,000) and Gillig Corporation (Est. $20,000).
4. Bids be received December 27, 1983, for twelve months supply agreement with
option to extend for an additional twelve months, subject to the approval
of the supplier and the City Manager, or his designee, for approximately
704,400 gallons of #2 Diesel Fuel. Estimated expenditure is $700,000.
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5. Bids be received December 27, 1983, for a twelve months supply agreement,
with option to extend for an additional twelve months at the same terms and
conditions, subject to the approval of the supplier and the City Manager,
or his designee, for fire fighting helmets and boots. Estimated annual
expenditure $7,000.
6. Bids be received December 27, 1983, for twelve months supply agreement,
with option to extend for an additional twelve months at the same terms and
conditions, subject to the approval of the supplier and the City Manager,
or his designee, for milk and miscellaneous dairy products for the Elderly
Nutrition Program. Estimated expenditure $30,000.
7. Bids be received December 27, 1983, for twelve months supply agreement,
with option to extend for an additional twelve months at the same terms and
conditions, subject to the approval of the supplier and the City Manager,
or his designee, for bread and miscellaneous bakery products for the
Elderly Nutrition Program. Estimated expenditure is $7,500.
8. Separate bids be received for the sale and relocation or the total
demolition of the house located at 3034 Ocean Drive. This property was
acquired by the City in December, 1971 and is currently being rented on a
month to month basis for $725 per month. After receipt of bids it will be
determined whether the house should be sold and relocated or totally
demolished.
9. Proposals be received December 27, 1983 for a twelve months agreement with
option to extend for an additional twelve months periods, subject to the
approval of the supplier and the City Manager for Fire Alarm and Security
System Maintenance for the Delta 1000 central control equipment and all
fire protection devices at the Convention Center. Estimated annual
expenditure $17,200.
10. Three self propelled vibratory rollers be purchased from Corpus Christi
Equipment Company, Corpus Christi, for the total amount of $17,999.85,
based on low bid meeting specifications. The low bid failed to meet
minimum requirements for vibrations per minute. One unit is to be used by
the new patching crew. The other two units are replacements. All three
units are included in the 1983-84 Budget.
11. Purchase of 3500' of 1 3/4" and 1,500' of 5" replacement fire hose for the
Fire Department on the basis of low bid from Snap-Tite-Fire Protection
Division, Cunningham, Texas, be approved for $18,980. Seven bid
invitations were issued and three bids were received. Prices have
decreased an average 1% since last purchase May, 1983. The hose is
included in the 1983-84 Budget.
12. Nine replacement siren/light bars be purchased from Emergency Products,
Inc., Kemah, Texas, based on low bid for a total of $8,688.69. The light
bars are to be used by the Police Uniform Division. Six bids were
received. Price comparison shows a decrease of approximately 3% since the
purchase last year. The siren/light bars are included in the 1983-84
Budget.
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13. Twelve months supply agreement, with option to extend for an additional
twelve months subject to the approval of the supplier and the City Manager,
or his designee, for portable chemical toilet service be approved to
Skid -O -Kan, Corpus Christi, Texas, on the basis of low bid, for the
estimated total of $14,322. Two bids were received. Prices have decreased
approximately 9% from last year's contract. An estimated twenty-two units
will be required for Nueces River Park, Corpus Christi Beach, the Westside
and Elliott Landfills and at various Public Utility Department construction
sites.
14. A contract be approved with David M. Griffith and Associates, Ltd. for
professional services to be rendered in the preparation of a Cost
Allocation Plan for fiscal year ending July 31, 1985, using July 31, 1983
financial information, at a fee not to exceed $11,500 including expenses.
15. Fred S. James and Company, Inc., be awarded (1) the Administrative Services
Only contract for claims administration for the City's self-funded Employee
Group Medical and (2) the Life Insurance Program effective January 1, 1984.
16. A salvage contract at the City's two sanitary landfills be awarded to the
high bidder, Dolores Quinones, for $280 per month. Two bids were received.
17. Trinity Engineering Testing Corporation be authorized to perform subsurface
soil investigative work in the vicinity of the Greenwood Drive Sanitary
Landfill at a cost of $6,869. This work is in conjunction with an
engineering contract previously awarded to Hunter Associates, Inc.,
relative to the development of an expansion plan for future solid waste
sanitary landfill operations in the vicinity of the present site on
Greenwood Drive. Funds for the subsurface geotechnical investigation were
previously appropriated and a separate appropriation is not necessary.
18. Authorizing the City Manager to execute a park deferment contract between
the City of Corpus Christi and Jack Ryan, developer, for deferred park land
dedication out of Willowick Place Subdivision, which is located on the west
side of Everhart Road, north of Cedar Pass Drive. This contractual
agreement, which is in accordance with the Platting Ordinance, will allow
the developer to final out and construct a portion of his overall
preliminary plat prior to the final plat and construction of his
subdivision in which the park is to be located.
19. Authorizing the City Manager to execute a park deferment contract between
the City of Corpus Christi and Al Hogan Builders, Inc., developer, for
deferred park land dedication out of Windsong Subdivision, which is located
between Holly and Waldron Roads, west of Rodd Field Road. This contractual
agreement, which is in accordance with the Platting Ordinance, will allow
the developer to final out and construct a portion of his overall
preliminary plat prior to the final plat and construction of his
subdivision in which the park is to be located.
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20. Authorizing the City Attorney to give notice of appeal to the Nueces County
Appraisal Review Board from their decision of November 17, 1983 in the 1983
Bank Stock Assessment and to file a petition for review of such decision
with the District Court of Nueces County, Texas.
21. The Park and Recreation Advisory Board requests that the City Council
approve the establishment of a Greens Committee made up of representatives
of the various Golf Associations to assist the Board and the Park and
Recreation Department in its operation of the Municipal Golf Courses.
22. Plans and specifications for relocating Hearn Road near Five Points area be
approved and bids for this work be received on December 21, 1983. This
1982 Bond Project provides for realigning Hearn Road at Up River Road at
the Five Points Fire Station site and is in accordance with the conditions
established for closure and realignment of this location. The realignment
will make the present Five Points intersection much safer.
23. Plans and specifications be approved for improvements to Middlecoff,
Jackson and Turtle Cove Parks and bids be received on December 21, 1983.
This 1982 bond project consists of installing multi-purpose courts,
gazebos, picnic units, playground equipment soccer goals, backstops and
landscaping in the three parks. Matching funds for the City's share of the
cost are available through an approved Texas Parks and Wildlife Department
Grant.
24. Plans and specifications be approved for Purdue Road Street Improvements
from Debra Lane to Laguna Shores Road, and bids be received for this 1982
Bond project on January 4, 1984.
25. Setting a public hearing for December 14, 1983 and December 21, 1983 at
City Hall Council Chambers at 2:00 p.m., for the annexation of a 50.91 acre
tract of land out of Lot 4, Section 11, Bohemian Colony Lands, being
platted as Breckenridge Subdivision Unit 6.
Council Member Kennedy referred to Item 8 in regard to sale or relocation
of the house which the City owns at 3034 Ocean Drive. He requested that the
Staff provide a presentation as to how this house was acquired.
City Manager Martin explained that this is a stone house on the water side
of Ocean Drive basically in the middle of Cole Park. He informed the Council
that the City acquired this house at the time other property was being purchased
along the bayfront in about 1970. He explained that there were no plans to
develop that area and the City elected to lease the house on a month-to-month
basis. He stated that at that time, it was rented for about $300 per month and
this rent was increased to $725 per month recently. He stated that the last
City Council questioned whether the City should be in the house business and the
Council voted to direct the Staff to remove the house. He explained that there
is a need to have information as to whether the house can be moved or if it will
have to be demolished and that is the reason for taking several kinds of bids or
proposals.
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Council Member Berlanga inquired if the house is substandard, and City
Manager Martin replied that it was not.
Council Member Berlanga then inquired if the City is spending money on the
upkeep of the house, and the City Manager replied that the City is not because
rent is received and the owner is responsible for the maintenance.
Council Member Berlanga then inquired if there was a need for anything such
as a bike trail at this location.
City Manager Martin stated that there is nothing from a "need" standpoint
since there are no plans for this portion of the park at this time.
Assistant City Manager Utter interjected that the Park and Recreation Board
requested the removal of the house so as not to interfere with the development
of the park.
Mr. Berlanga then stated that if there is no need for the space right now,
he was of the opinion that the City should continue to lease the property and
earn that money.
Mayor Jones stated that at the time the last Council was considering this,
the vote to remove the house was 4 to 3 and he was one of those who voted
against the motion. He stated that he agreed with Mr. Berlanga that the City
should receive revenue from every source possible, but this time, he felt that
he would vote to have the house removed because it does obstruct the view of the
bay for people who are driving down Ocean Drive.
Mayor Pro Tem Turner pointed out that it is actually in Cole Park and it is
an obstruction of the open space. She stated that bond funds were probably used
for the purchase of this property.
City Manager Martin stated that there were also federal funds used to
purchase some of the open space and he was not sure but possibly this property
was purchased with those funds.
Council Member Slavik indicated her concurrence with the removal of the
house.
Council Member Berlanga pointed out that the City proposes to remove this
one house because it is an obstruction of the view of the bay, yet there is a
plan to construct a large land mass in another location which will provide an
even greater obstruction.
Council Member Mendez noted that since this house was purchased with City
funds, he would like to see the money received from the sale of the building to
be returned to the fund for renovation of other portions of the City which need
it.
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City Manager Martin explained that any funds generated from this source
would be programmed into the Park Fund but there may be very little money
involved since the house will be so difficult to move.
Council Member Mendez then referred to Item 16 and commented that this is
not the individual who previously had the contract, and City Manager Martin
explained that Mr. Chapa did not submit a bid this time.
Mr. Mendez stated that he hoped that the new contractor will be informed
that they should not interfere with the operations at the landfill.
City Manager Martin explained that there is a natural tendency to have a
conflict between the employees at the landfill and the contractor collecting
salvage.
Mayor Jones referred to Item 20 and asked for a further explanation. He
stated that he noted that approximately eight banks pay no tax at all yet a
small bank in Robstown pays the largest tax of anyone.
City Manager Martin stated that taxation of bank stock is very complex; one
method was previously used; a lawsuit was filed by the banks; and the case went
all the way to the Supreme Court. He stated that the Court ruled that each tax
appraisal district would be allowed to determine what tax should be paid and the
City feels that this was a mistake because it should be consistent all over
Texas. He stated that the City of Corpus Christi has developed a method which
he recommends; the banks have another method; and the appraisal district devised
a method of how bank stock should be assessed in Corpus Christi. He stated that
the Staff does not believe that it is a good system and that is the reason the
decision was made to file a notice of appeal with the District Court to put this
in the lawsuit that is currently pending. He stated that basically this is to
preserve the City's rights until the lawsuit has been resolved.
Mr. Hal George, Senior Assistant Attorney who is associated with the Tax
Department, addressed the Council and stated that the Appraisal District
originally appraised the Robstown Bank at the highest rate. He agreed that the
system is inconsistent and there is a lawsuit pending which covers the 1981-82
tax years. He stated that the lawsuit had been filed by the City of Dallas and
is still pending. He explained that the Dallas Tax Appraisal District now has a
new method which they feel will be preferable and more fair. He summarized by
stating that the action proposed on the agenda is just to contest the 1983
assessment.
Mayor Jones referred to Item 21 and expressed appreciation for the action,
stating that he felt that the Greens Committee would provide a means by which
the golf courses can be kept in better condition.
Council Member Guerrero stated that he had reacted with an almost opposite
viewpoint because he felt that the Park and Recreation Board has already been
too concerned with the golf courses. He expressed the opinion that this
Committee would represent a lobbying effort for a special interest group and he
questioned the formation of this Committee.
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Mayor Jones explained that this Committee will be an advisory committee to
the Park and Recreation Board and he was of the opinion that it would help to
keep the courses in good condition.
Mayor Jones called for comments from the audience.
Mr. William Kabbard addressed the Council in regard to Item 8, stating that
he had resided in the house on Ocean Drive for five years; he has never
submitted a bill for maintenance to the City; he has added approximately $10,000
worth of improvements to the house; and he now pays $725 per month for rental.
He expressed the opinion that the house should not be destroyed because it does
have distinct possibilities for use by the City, such as an information center,
a recreation center, etc. He stated that it is a very durable stone house and
he was of the opinion that it did not obstruct the view of the bay except for a
few seconds to people who are driving down Ocean Drive. He stated that he did
not think it could be moved because of the construction of the house and it will
probably have to be demolished. He stated that he would like to remain there
and pointed out that he has a lease agreement on a month-to-month basis. He
urged that it not be demolished.
Council Member Berlanga inquired if the City makes a decision to demolish
the house, if it would be possible for Mr. Kabbard to recover any of the $10,000
he has put into the house, and Mr. Martin stated that the improvements that he
has made are not recoverable.
City Manager Martin expressed the opinion that a facility at this location
is not practical for use by the City because it is basically a house and is not
designed for hard usage. He stated that if the house remains there, he felt it
was better that it continue as a residence. He suggested that the Council
examine the cost of removing the house before a final decision is made.
Council Member Mendez inquired if the Park and Recreation Board had any
plans to expand Cole Park to this location, and City Manager Martin replied that
they did not have plans for further development at this time.
Mr. Guadalupe Valdez, Jr. referred to the brochure prepared for the 1990
Program and stated that he was not familiar with that plan and would like to
know more about it. He stated that he is also interested in golfing and
reported that there is a lot of trash on the courses. He suggested that
additional disposal cans be placed at the golf courses.
There were no further comments from the audience on the Consent Items.
A motion was made by Council Member Kennedy that the foregoing items 1
through 25 be approved; seconded by Mayor Pro Tem Turner and passed by the
following vote: Jones, Turner, Kennedy, McComb and Mendez voting, "Aye" on all
of the items; Berlanga and Slavik voting "Aye" on all of the items with the
exception of Item 8 on which they voted "no"; Guerrero voting "Aye" on all of
the items with the exception of item 21 on which he voted "no"; Hawkins, "absent
at the time the vote was taken".
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* * * * * * * * * *
Mayor Jones called for Consideration of the Consent Ordinances and
Ordinances from Previous Meetings on Items 26 through 34.
There were no comments from the Council nor from members of the audience.
City Secretary Read polled the Council for their votes and the following
ordinances were passed:
26. ORDINANCE NO. 17950:
APPROPRIATING $8,480 FOR STORAGE ROOM EXPANSION AT THE CONVENTION CENTER;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez
and Slavik voting, "Aye", Hawkins, "absent at the time the vote was taken".
27. ORDINANCE NO. 17951:
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS:
Baldwin Boulevard, (M.H. 408), from Agnes Street to Leopard Street;
FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez
and Slavik voting, "Aye", Hawkins, "absent at the time the vote was taken".
28. ORDINANCE NO. 17952:
AUTHORIZING THE EXECUTION OF A CONTRACT WITH BUTCH EDENS BUILDER FOR ROOF
REPAIR AT THE LINDALE CENTER AND WITH A. YBARRA DESIGNERS FOR CEILING
REPAIRS AT THE LINDALE CENTER; APPROPRIATING $6,506.56; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez
and Slavik voting, "Aye", Hawkins, "absent at the time the vote was taken".
29. FIRST READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MS. MARGIE
BENNETT FOR CONCESSION PRIVILEGES AT THE CONCESSION BUILDING AT THE
GREENWOOD SOFTBALL COMPLEX.
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The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Tuner, Berlanga, Guerrero,
Kennedy, McComb, Mendez and Slavik voting, "Aye", Hawkins, "absent at the
time the vote was taken".
30. SECOND 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 second time and passed to its
third reading by the following vote: Jones, Turner, Berlanga, Guerrero,
Kennedy, McComb, Mendez and Slavik voting, "Aye", Hawkins, "absent at the
time the vote was taken".
31. SECOND 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.
The foregoing ordinance was read for the second time and passed to its
third_reading by the following vote: Jones, Turner, Berlanga, Guerrero,
Kennedy, McComb, Mendez and Slavik voting, "Aye", "Hawkins, "absent at the
time the vote was taken".
32. SECOND 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 second time and passed to its
third reading by the following vote: Jones, Turner, Berlanga, Guerrero,
Kennedy, McComb, Mendez and Slavik voting, "Aye", Hawkins, "absent at the
time the vote was taken".
33. THIRD READING - ORDINANCE NO. 17953:
APPROVING ASSIGNMENT OF RAINBOW BAIT STAND TO BOB HEIM, SAID BAIT STAND
BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY,
CONCERNING TRACT 12 CF THE COASTAL PUBLIC LANDS, ALL AS MORE FULLY SET
FORTH IN THE ASSIGNMENT AGREEMENT.
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez
and Slavik voting, "Aye", Hawkins, "absent at the time the vote was taken".
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34. THIRD READING - ORDINANCE N. 17954:
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, NL'ECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO
LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS
CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR
SEVERABILITY.
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez
and Slavik voting, "Aye", Hawkins, "absent at the time the vote was taken".
* * * * * * * * * *
Mayor Jones called for Consideration of Motion from the Regular Agenda on
the following item:
35. Approving expenditure of $6,000 from the revenues of the Hotel -Motel Tax
for the purpose of acquiring a bust of Alonzo Alvarez De Pineda. The bust
is to be presented as a gift from the City of Corpus Christi to the people
of Spain.
Council Member Kennedy referred to an article from the newspaper "La
Region" which is distributed to all Spanish speaking people of the World.
Mr. Juan Gussoni, who was present in the audience, provided the information
that the newspaper has a circulation of five million and is distributed in
several countries.
Dr. Kennedy continued and stated that there is an article in the newspaper
on the statue of Alonzo Alvarez de Pineda and a story about the plans for a
Sister City in Spain. He expressed the opinion that the Country of Spain has
been a good friend to the City of Corpus Christi and he felt that the relations
between Spain and the City of Corpus Christi should be encouraged. He stated
that Cartagena is the City under consideration as the Sister City since it is
similar to Corpus Christi. He urged approval of this item. Dr. Kennedy
explained that Mrs. Kathleen Coleman Edwards, who is the daughter of the
sculptor of the statue, Er. Sherman Coleman, would be the person who would
sculpt the bust proposed to be sent as a gift to the people of Spain.
City Manager Martin stated that this item would authorize the expenditure
of $6,000 with the money to be used for this purpose. He stated that a contract
with Mrs. Edwards is not involved because this is just the approval of the
expenditure.
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December 1, 1983
Page 14
Mayor Jones expressed the opinion that another action should be taken to
approve a contract with the artist and possibly this should be considered at a
future meeting.
Council Member Guerrero expressed the opinion that the action should be
completed as of this date.
Council Member Kennedy suggested that the Council approve the funds to be
used for this purpose and authorize the artist to proceed with preparation of
the bust.
City Manager Martin suggested that item 35 be amended to commission
Kathleen Coleman Edwards to prepare the artwork.
35. Approving expenditure of $6,000 from the revenues of the Hotel -Motel Tax
for the purpose of acquiring a bust of Alonzo Alvarez De Pineda and
commissioning Kathleen Coleman Edwards to prepare the artwork. The bust is
to be presented as a gift from the City of Corpus Christi to the people of
Spain.
Kathleen Coleman Edwards addressed the Council and stated that she had
prepared a bust of the De Pineda statue; she has the clay model already
prepared; and she would like to have approval before she goes to the expense of
pouring the -mold for the actual bust. She explained that the bust will be about
2' tall.
Mr. Gussoni addressed the Council on behalf of Spain and expressed
appreciation for this generous gift. He also stated that he was in favor of an
additional Sister City and agreed with the choice of Cartegena.
* Council Member Herbert Hawkins arrived at the meeting at 3:25 p.m.
A motion was made by Council Member Kennedy that the amended Motion No. 35
be approved; seconded by Mayor Pro Tem Turner; and passed unanimously.
* * * * * * * * * *
Mayor Jones referred to letters from the Texas Housing Agency and informed
the Council that that agency is conducting a hearing on December 5th in Austin
on the subject of the tax-exempt bonds. He stated that he had received a call
from Senator Truan who indicated that he would support the City's position in
this matter.
City Manager Martin stated that he will probably send Deputy City Manager
Ernest Briones and Assistant City Manager Tom Utter to the hearing to testify.
He explained that they will take a copy of the resolution passed by the Council
the preceding week informing the Agency that this City Council is of the opinion
that this should be a local matter and request that the State reject the sale of
those bonds for a developer in the City of Corpus Christi.
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December 1, 1983
Page 15
Mr. Martin also stated that he had received a copy of the letter and he
thought that it indicated that the Texas Housing Agency was of the opinion that
this City felt that they had followed the wrong procedures. He stated that they
are not objecting to that but they are merely stating a policy in that they feel
that the City of Corpus Christi should handle this type of thing in this City.
He then inquired if they felt that a Council Member should attend.
Mayor Pro Tem Turner and Council Members Frank Mendez and Leo Guerrero
indicated that they would be willing to go to the hearing.
Mr. Briones indicated that he would handle the flight arrangements, noting
that one departed at 9:15 a.m. which will arrive in Austin in time for the
hearing.
* * * * * * * * * * *
Mayor Jones announced the public hearing on four zoning applications.
36. Application No. 1083-9, Mr. R. N. Conolly, Sr.: for a change of zoning from
"R -1B" One -family Dwelling District to "B-4" General Business District on
a tract of land being 3.826± acres out of Lot 1, Section 4, Bohemian Colony
Lands, located on the southwest corner of Trojan Drive and the Crosstown
Expressway.
Assistant City Manager Tom Utter informed the Council that both the
Planning Commission and Planning Staff recommend approval of this application.
Mayor Jones ascertained that no wished to speak in opposition to this
zoning application.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Guerrero and passed unanimously.
City Secretary Read polled the Council for their vote on the ordinance
effecting the change of zoning and the following was passed:
36. ORDINANCE NO. 17955:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF R. N. CONOLLY, SR. BY
CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 1, SECTION 4,
BOHEMIAN COLONY LANDS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4"
GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, and
Mendez voting, "Aye"; Kennedy and Slavik, "absent at the time the vote was
taken".
* * * * * * * * * * * *
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Page 16
37. Application No. 1083-10, Messrs. D. C. Brown and Kenneth S. Wingfield: for
a change of zoning from "R -1B" One -family Dwelling District to "AB"
Professional Office District on Lot 16, Block 7, Gardendale No. 1, located
on the north side of Holly Road, approximately 488' east of Everhart Road.
Mr. Utter informed the Council that in response to the thirteen notices of
the public hearing, six in favor and one in opposition had been returned and
that both the Planning Commission and Planning Staff recommend approval.
Mr. Larry Wenger, Director of Planning, briefly reviewed the case.
Mayor Jones ascertained that no one in the audience wished to speak in
opposition to this zoning application.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Guerrero and passed unanimously.
City Secretary Read polled the Council for their votes on the ordinance
effecting the change of zoning and the following ordinance was passed:
37. ORDINANCE NO. 17956:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF D. C. BROWN AND KENNETH
S. WINGFIELD BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 16, BLOCK 7,
GARDENDALE NO. 1, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB"
PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez
and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken".
* * * * * * * * * * *
38. Application No. 1083-12, Mr. Al Hogan, Builder: for a change of zoning from
"F -R" Farm -Rural District to "R -1B" One -family Dwelling District on a tract
of land being 59.71± acres out of Lots 1-6 and 8-12, Sunshine Acres
Subdivision and parts of Lot 13, Block 11, Sunshine Acres and Lot 11,
Section 19, Flour Bluff and Encinal Farm and Garden Tracts, located between
Holly and Wooldridge Roads, approximately 1,250' west of Rodd Field Road.
Assistant City Manager Utter noted that in response to the seventy-six
notices of the public hearing, three in favor and one in opposition had been
returned. He stated also that both the Planning Commission and Planning Staff
recommend approval.
Mr. Wenger located the area on the zoning and land use map, described the
land use in the surrounding area, showed slides of the vicinity and stated that
the applicant plans the development of a residential subdivision.
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December 1, 1983
Page 17
Mayor Jones inquired if the developer will construct streets to serve this
subdivision in accordance with the Master Street Plan.
Mr. Wenger explained that they will construct the interior streets only but
Everhart, Wooldridge, Rodd Field Rodd, etc. would have to be included in a
future bond program.
Mr. Utter pointed out that when plats are submitted, the Staff does require
street right-of-way dedication.
No one in the audience addressed this zoning application.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Berlanga and passed unanimously.
City Secretary Read polled the Council for their votes on the ordinance
effecting the zoning change and it passed as follows:
38. ORDINANCE NO. 17957:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF AL HOGAN BY CHANGING THE
ZONING MAP IN REFERENCE TO PORTIONS OUT OF LOTS 1-6 AND 8-12, SUNSHINE
ACRES SUBDIVISION, A PORTION OUT OF LOT 13, BLOCK 11, SUNSHINE ACRES
SUBDIVISION, AND LOT 11, SECTION 19 FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, FROM "F -R" FARM -RURAL DISTRICT TO "R -1B" ONE -FAMILY DWELLING
DISTRICT; 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".
* * * * * * * * * *
39. Application No. 1083-13, Loeb & Company, Ltd.: for a change of zoning from
"B-1" Neighborhood Business District to "B-4" General Business District on
Lots 2A and 23, Block 3, Carolyn Heights Unit 2, located on the northwest
corner of Weber Road and O'Day Parkway.
Mr. Utter stated that in response to the twenty-eight notices of the public
hearing, one in favor and three in opposition had been returned and stated that
the Planning Commission recommends denial. He explained that the Staff
recommends denial of the requested zoning but that a special permit be approved
on Lot 2A only for a neighborhood shopping center allowing "B-1" uses only and
permitting the proposed signage but limiting the development to two driveways on
Weber Road. He further explained that since the Planning Commission meeting,
the applicant has designed a plat that seems to meet all of the concerns of the
Staff and the Planning Commission. He stated that the special permit according
to the plat that has been submitted would limit the uses to "B-1" only and would
require an enclosed building for storage.
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December 1, 1983
Page 18
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.
Mr. Utter pointed out that none of the adjacent "R -1B" zoned property faces
this particular location.
Council Member Guerrero expressed the opinion that not only is the proposed
special permit compatible with the neighborhood but is actually a complement to
the neighborhood. He mentioned another project designed by Mr. Loeb in another
area of the City that has vastly improved the appearance of the neighborhood.
No one spoke in opposition to this zoning application.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Hawkins and passed unanimously.
City Secretary Read polled the Council for their votes on the ordinance and
it passed as follows:
39. AMENDING THE ZONING ORDINANCE UPON APPLICATION OF LOEB AND COMPANY, LTD. BY
GRANTING A SPECIAL COUNCIL PERMIT FOR A SHOPPING CENTER CONTAINING A TBA
STORE AND ALL OTHER "B-1" NEIGHBORHOOD BUSINESS USES ON LOTS 2A AND 2B,
BLOCK 3, CAROLYN HEIGHTS UNIT 2; 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.
* * * * * * * * * * *
City Manager Martin reminded the Council Members that they should have
received an invitation to the groundbreaking ceremony at Central Power & Light
facility at 10:00 a.m. on December 2, 1983, in the new industrial park. He
urged that they be present for this ceremony if possible. He noted that the new
facility is a major operation and will be called, "Energy Control Center".
City Manager Martin then referred to next week's agenda and informed the
Council that the Staff plans to have the Corpus Christi Beach Traffic Plan on
the agenda; the Library Board plans to make a presentation on the location and
plans for the new library; and a number of other matters.
Mayor Jones stated that he has requested Council Member Guerrero and McComb
to report on the Committees on which they served at the National League of
Cities Meeting in New Orleans. He stated that he thought it was quite an honor
that they were appointed to National Committees and serve as excellent
representatives of this City as did all of the Council Members who attended. He
complimented them on the fact that all of the Council Members who went to New
Orleans had attended all of the business sessions.
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Lccember 1, 1983
Page 19
* * * * * * * * * * *
Mayor Jones called for discussion of current concerns by the City Council.
Council Member Guerrero stated that he had seven concerns that he would
like to mention.
1. He referred to the discussion about meeting in the evening since there
is such a heavy workload. He suggested that these evening meetings be
started as soon as possible.
2. He asked about the status on the audit on Community Development
Corporation.
3. On September 21, he made a motion that an item be placed on the
Workshop Agenda to discuss the marketing of gas. He stated that he
would like for this to be done during a Workshop meeting soon also.
4. The Staff mentioned the Bayfront Commission. He asked about the
status of that.
5. The Sign Ordinance. He stated that he would like to have a report on
that, particularly as it pertains to Gabe Lozano Jr.'s application for
"AB" zoning.
City Manager Martin interjected that that will be on the agenda the
following week.
6. The parking problem in connection with the proposed parking garage for
the downtown area.
7. He suggested the establishment of a Disaster Preparedness Advisory
Committee to review the City's current ordinances and the plan to work
with various agencies in case of a disaster. He suggested that such a
Committee should probably include Fire, Police, City Staff and
possibly, District Representatives.
A motion was made by Council Member Guerrero that such a Commission be
established.
Mayor Jones
a Civil Defense
discussed with
discussion with
inadequate, such
pointed out to Council Member Guerrero that the City does have
Director, and he suggested that possibly this Plan should be
him, Mr. Penrod Harris, first. He stated that after the
Mr. Harris, if the Council feels that the City's plan is
a Commission be considered.
Council Member Guerrero agreed to that.
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December 1, 1983
Page 20
City Manager Martin informed the Council that the City has an override on
the Cable T.V. System so that announcements could be made on any station.
Council Member Guerrero reiterated that he felt that someone should review
the ordinances and the City's policy to see that they have been updated.
Mayor Jones stated that he did not feel that the City needed another
Commission since there is an employee who works part-time who just recently
revised the Civil Defense Manual which very specifically outlines the duties of
the City Staff, the Highway Patrol, the method of cooperation between the City
and other agencies, etc. He explained that the system in operation worked very
well during Hurricane Allen.
Council Member Mendez stated that he felt that the Council should at least
hear a report as to the function of each department during disasters.
Council Member Hawkins agreed that this would be a good idea because the
public ignored many of the directives during the last hurricane.
Council Member Slavik concurred, stating that she felt that the new Members
of the Council should know what their responsibilities are in cases of disaster.
Council Member Berlanga referred to Corpus Christi Beach and the problem
with the traffic plan.
City Manager Martin stated that this will be on the agenda next week.
Council Member Berlanga also expressed concern about the problems
encountered by homeowners who have to pay for a great deal for work performed on
their home by disreputable contractors. He suggested the possibility of
requiring licensing of contractors.
City Manager Martin stated that he did not feel that that is the City's
business because it is a private matter.
Mayor Jones explained that the Better Business Bureau is concerned about
this and they maintain a file and have a list of unsatisfactory contractors.
Council Member Berlanga stated that he had talked to plumbers and other
subcontractors who have been unable to receive money from the contractor after
they have performed work, and he was of the opinion that possibly, the City
could do something about this.
Council Member McComb stated that he did not believe that is the City's
business and it should be referred to attorneys.
Council Member Berlanga noted that apparently nothing is being done to
deter this practice.
"'nutes
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,2ember 1, 1983
Page 21
Council Member Berlanga suggested that a report be made to the media about
the Council Members' trip to New Orleans to attend the National League of Cities
and the large number of seminars and meetings that they had attended and how
worthwhile they were.
Mayor Jones agreed stating that he had never seen any Council Members
attend more meetings than the present ones and reiterated that two members were
appointed to National Committees. He personally expressed appreciation to all
of the Council Members who attended the meeting on National Disasters which he
moderated.
Council Member Slavik stated that she had received a copy of the letter
from Mrs. Colson who lives on Laguna Vista Shores and who has presented
petitions to Assistant City Manager Lontos requesting sewer service for that
area.
Mr. Lontos explained that the usual procedure is for citizens to submit the
petitions for sewer service to the Staff who can then check out the status. He
stated that he did receive the petition mentioned the preceding week and it has
been distributed to the Staff for their study. He assured Mrs. Slavik that the
questions will be addressed after they have completed the study.
Mayor Jones stated that he also received a copy of that letter and
requested that a response be made to the lady who wrote it.
Mayor Jones then asked Mr. Lontos to provide another copy of the report
presented to the Council the preceding year in regard to the number of people
who are served in Flour Bluff, the number who have chosen not to connect to the
available sewer line and noted that there are only about 300 property owners who
do not have sewer service and Mrs. Colson is probably in that latter group. He
then asked that the Council be provided a copy of the letter of response to Mrs.
Colson.
Council Member Hawkins stated that he would like to see if it would be
possible for Section 8 qualified individuals who cannot afford to tie on to the
sewer system be considered for some type of subsidy.
Mayor Jones pointed out that the cost in some instances is prohibitive for
many of the customers.
City Manager Martin summarized by stating that the Mayor requested that the
City Staff respond to the receipt of the petition and the statements made by
Mrs. Colson which may not be accurate. He assured the Council that copies of
the letter of response will be provided them. He stated that the Staff is in
hopes that with the federal funds awarded to the City through grants for
wastewater improvements, a savings of bond funds will be effected so that
additional sewer lines may be funded.
Mayor Jones also requested that a response be made to the letter received
by the City Secretary from Mrs. Moore in regard to sewer lines.
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December 1, 1983
Page 22
Council Member Mendez addressed the policy concerning the mail received by
the Council and opened in the Office of the City Secretary.
City Secretary Read reminded the Council that he had inquired when they
were first installed in office about their preference in regard to handling
mail. He pointed out that none of them indicated that they did not want their
mail opened, but the City Secretary's Office will of course comply to any
request to the contrary.
Council Member Mendez stated that he would prefer that his mail not be
opened.
Council Member Mendez then mentioned current concerns which are now
scheduled for the end of the Regular Council Meeting and inquired if any one
felt that changes should be made.
Council Member McComb pointed out that current concerns can extend for a
long period of time and he finds that it is preferable to have it last on the
agenda because he has found that there is a tendency to work quickly on items at
the end of the agenda and he felt that it was preferable for that reason to have
the current concerns at the end of the meeting.
Mayor Jones suggested that if a Council Member has a concern that possibly,
they could—call the City Secretary's Office to dictate a memorandum to one of
the staff members addressed to the City Manager or to other Council Members and
possibly, it can be resolved prior to the Wednesday Council Meeting.
Council Member Hawkins expressed the opinion that current concerns of the
Council Members are one of the most important items and have been very
productive in the past. He pointed out that some of the most important projects
in progress were first discussed during current concerns of the Council Members
and he felt that it should be the first item on the agenda in the morning.
Council Member Berlanga agreed that current concerns are very important.
He noted that usually the things that are presented are the result of contacts
to the Council Members a day or so before the Council Meeting.
Mayor Jones stated that having current concerns at the end of the agenda is
not downgrading the constituents' needs at all. He pointed out that all day
long, the Council is involved in discussion of items that are of interest to all
citizens.
A motion was made by Council Member Kennedy that the current concerns
remain at the end of the agenda.
The motion was seconded by Mayor Pro Tem Turner.
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U cember 1, 1983
Page 23
Council Member Hawkins pointed out that he was of the opinion that the
place on the agenda for current concerns was changed when this Council became
more integrated. He expressed the opinion that some Members of the Council are
of the opinion that the minority members receive too much attention through
their expression of their concerns. He suggested that the category might be
limited time wise but it should not be the last item on the agenda.
Mayor Pro Tem Turner stated that she felt very strongly that the Workshop
session has a definite purpose and provides time to study in depth matters that
are coming up that concern the entire City and she felt that as much time as
possible is needed for that purpose. She stated that she had no problem with
writing down her current concerns and presenting them at the end of the meeting.
Council Member McComb stated that he felt that he must respond to the
allegations made by Council Member Hawkins. He objected to the statement that
the time was changed for current concerns to limit the time the minorities are
allowed to speak. He stated that he felt that he was the one who possibly made
the motion that the time be changed to after the Regular Council Meeting and the
only reason he did was because so much time was taken up during the morning that
other issues were neglected. He objected to the implication that it was done
for the purpose Mr. Hawkins mentioned.
Council Member Guerrero stated that the only reason he objected to having
current_ concerns during the Workshop Meeting is because they are not recorded in
the Minutes. He mentioned another option that might be possible would be to
have current concerns at the beginning of the afternoon meeting.
Council Member Hawkins objected to the practice of discussing agenda items
that are scheduled for the afternoon meeting during the Workshop meeting when
the public is usually not present. He reiterated that he felt that a lot of
things had been changed since the composition of the Council changed. He agreed
that he had seen one person take 11, hours on one current concern in the past.
He suggested that possibly a time limit could be established but he did not
agree that they should be at the end of the meeting.
Mayor Jones called for the vote on the motion to continue to have the
current concerns at the end of the afternoon session and it failed to pass by
the following vote: Jones, Turner, Kennedy, and McComb voting, "Aye"; Berlanga,
Guerrero, Hawkins, Mendez and Slavik voting, "no".
A motion was made by Council Member Guerrero that the current concerns be
the first item on the Regular Council Meeting Agenda during the afternoon
session or at the end of the Workshop Meeting and that Minutes be taken. He
suggested that each Council Member be limited to ten minutes.
Mayor Jones pointed out that five minutes would be preferable since if ten
minutes were allowed, this would require 11 hours.
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December 1, 1983
Page 24
Council Member Kennedy suggested that the time be established at 11:15 a.m.
Council Member Guerrero reiterated that he felt that they should be
recorded in the Minutes.
A motion was made by Council Member Guerrero that current concerns of the
Council Members be set for 9:00 a.m. during the Workshop Meeting and that a time
limit of 45 minutes, or 5 minutes for each Council Member, be established and
that Minutes be taken of that portion of the meeting.
The motion was seconded by Council Member Berlanga and passed unanimously.
Council Member McComb stated that there may be a problem in putting in
writing current concerns in that if the public has a copy of those Minutes, they
assume that those actions have been taken on subjects that are just discussed.
Council Member Guerrero requested that the Minutes be indicated as being a
portion of the Workshop Meeting and not formal action.
Council Member Kennedy stated that he would like to offer a suggestion as
to how the procedure should occur, noting that occasionally one Council Member
will have a concern that might extend beyond his five minutes and he suggested
that the first Council Member allowed to speak be alternated every week.
Mayor Jones agreed that this would be a good procedure.
* * * * * * * * * * *
Mayor Jones called for Petitions from the Audience.
Ms. Debbie Smith of K-99 Radio addressed the Council and stated that they
were present to present an award to the City Council. She then introduced the
General Manager of K-99 Radio, Mr. Gary Maricle.
Mr. Maricle addressed the Council and stated that he hoped they had a sense
of humor because he wanted to present them the Dip -Stick of the Week Award.
When questioned by the Council, he explained that they had been awarded
this in connection with the inaction on the Old Nueces County Courthouse.
Mr. William H. Brown, 1109 Tyler, requested that a City ordinance
prohibiting the use of air rifles within the City limits be amended to allow
adults to use air rifles within the City. He explained that this is beginning
to be a hobby and he felt that responsible adults should be allowed to use the
air rifles within the City limits.
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U_cember 1, 1983
Page 25
Council Member Kennedy stated that he would not be in favor of changing the
ordinance because of the damage that could be done and the children who could be
injured. He also pointed out the possibility of injuries to people's eyes, etc.
Council Member Berlanga stated that he felt that the ordinance should be
amended but some control should be exercised and limitations placed on the age
of those who could be responsible in the use of air rifles.
Council Member Slavik stated that she felt that the ordinance should not be
amended at all.
The remainder of the Council indicated their concurrence.
There being no further business to come before the Council, on motion by
Mayor Pro Tem Turner, seconded by Council Member Kennedy and passed unanimously,
the Regular Council Meeting was adjourned at 5:17 p.m., December 1, 1983.
* * * * * * * * * *
DZ/rr