HomeMy WebLinkAboutMinutes City Council - 12/21/1983PRESENT
Mayor Luther Jones
Mayor Pro Tem Betty Turner
Council Members
David Berlanga, Sr.
Leo Guerrero
Herbert Hawkins
*Dr. Charles Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
DECEMBER 21, 1983
2:00 P.M.
City Manager Edward Martin
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
Mr. Dan Williams, Assistant to the Pastor of Our Savior Lutheran Church
gave the invocation following which the Pledge of Allegiance to the Flag of the
United States was led by Mayor Pro Tem Betty N. Turner.
Council Member Herbert Hawkins stated that he had been at a reception for
La Raza and had heard a group called the Chavez Sisters sing and he thought they
were excellent and had invited them to the Council Meeting today to perform some
Christmas carols. The Chavez Sisters then sang two Christmas songs.
Mayor Jones thanked the Chavez Sisters for coming to the Council Meeting
and thanked Mr. Hawkins for inviting them.
*Council Member Charles Kennedy arrived at the meeting at 2:15 p.m.
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 Mayor Pro Tem Turner that the minutes of December 7,
1983 be approved as presented; seconded by Council Member Hawkins; and passed
unanimously.
* * * * * * * * * * * * * * *
MCRQ&MED
SEP 1 g 1984
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Mayor Jones presented retirement plaques to the following employees:
EMPLOYEE
O. B. Wilson
Cecilio Garcia
Dan Curtis
Reyes Sanchez
DEPARTMENT
Police
Street
Recreation
Wastewater
POSITION YEARS OF SERVICE
Police Lieutenant
Equipment Operator
Building & Grounds Custodian
Wastewater Crew Leader
37
31
29
25
Mayor Jones noted the absence of Mr. Octavio Salinas, an Equipment Operator
with the Street Division for 23 years, and expressed his regret that he was
unable to be present to receive his plaque. He also stated that the City is
proud of its employees and wanted to thank each employee for the fine job they
do.
* * * * * * * * * * * * * * *
Mayor Jones announced the bid opening on the following engineering project:
1. Relocation of Hearn Road near Five Points Area. 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.
Assistant City Manager James K. Lontos opened bids on this project from the
following firms: Claude Chapman Construction, King Construction, Inc., and
Heldenfels Brothers, Inc. and verified that the required bid security bond had
been submitted with each bid.
Mayor Jones inquired as to why only three bids were submitted, and Mr.
Lontos stated that probably because the competition was difficult with
Heldenfels Brothers performing most of the work around the Five Points area.
* * * * * * * * * * * * * *
2. Improvements to Middlecoff, Jackson and Turtle Cove Parks. 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.
Assistant City Manager James K. Lontos opened bids on this project from the
following firms: B & B Builders; R. S. Black Contracting; Garcia Brothers
Construction; Ibanez Construction Co., E. J. Netek Construction Co. and R & D
Builders and verified that the required bid security bond had been submitted
with each bid and each firm had acknowledged receipt of the addendum.
Mayor Pro Tem Turner inquired as to the nature of the addendum and Mr.
Lontos stated that it was minor changes to the irrigation system.
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Council Member Joe McComb asked who approves the final park plans and Mr.
Lontos stated that they are developed by the staff but that they do go before
the neighborhood associations.
Mayor Jones thanked the companies that had submitted bids and stated that
the bids would 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 action of the Council from the Workshop Session.
The City pursue appropriate Congressional action to remove the Corpus
Christi Naval Air Station from certain restrictions in federal regulations
regarding gas/oil drilling on NAS property.
A motion was made by Mayor Pro Tem Turner to approve the above item,
seconded by Council Member Frank Mendez and passed unanimously.
* * * * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Motions on the
following items:
1. Bids be received January 17, 1984 for materials and installation of a fence
at the Elliott Sanitary Landfill at 7002 Greenwood Drive. $48,200 is
budgeted for this project in the General Revenue Sharing budget.
2. Bids be received February 21, 1984 for the following equipment for the
Savage Lane Pumping Plant: (a) Motor Operated Plug Valves (Estimate
$22,000) (b) Supervisory Control and Instrumentation Rehabilitation
Materials (Estimate $265,000) for a total of $287,000. Two consultant
contracts will be approved for preparation of plans and specifications for
installation of this equipment. The installation will provide a
centralized monitoring and control system for the water distribution system
as called for in the Water Master Plan prepared by Black & Veatch
Consulting Engineers.
3. A twelve months supply agreement for cast iron foundry items used by the
Public Utility divisions be approved to Alamo Iron Works, Corpus Christi,
for the estimated total of $101,708.95, based on low bid meeting bidding
requirements. The low bidder, Corpus Christi Pipe & Supply, conditioned
their bid of $100,838.40 by requiring minimum orders per release. The
purpose of the supply agreement is to allow the City to purchase only its
needs and to reduce inventory maintained by the City.
4. Accepting the Greenwood Park Site Grading Project and authorizing final
payment of $12,830.24 for a total project cost of $66,736.33 to DeBer, Inc.
This 1983 Park Bond Fund Project was supplemented by 7th and 8th Year
Community Development Block Grant Funds and provided for the grading of
approximately 6.5 acres of Greenwood Park north of the softball complex and
immediately west of Garcia Elementary School.
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There were no questions from the Council on the Consent Motions and Mayor
Jones inquired if the audience had any questions regarding these motions.
Mr. Ray Wimberly, Corpus Christi Pipe Supply, stated that he would like to
make some comments regarding item 3 for purchase of cast iron foundry items. He
stated that he had been before the Council on December 14, 1983; he had
presented the Council with a letter; and he would be glad to answer any
questions the Council might have.
Council Member Kennedy inquired if the staff had reviewed Mr. Wimberly's
letter and City Manager Martin stated that he has read the letter and he has
nothing more to say regarding this matter.
Mr. Wimberly then requested that the Council postpone action on this item
and reconsider their position. He further stated that City Manager Martin had
made some rather harsh statements last week and felt that Mr. Martin should
present any evidence he has.
Council Member Kennedy asked Mr. Wimberly what had happened at the meeting
with the City Staff and Mr. Wimberly stated he had hired an attorney to be
present as a witness to the meeting with Mr. Juan Garza, Deputy Finance Director
and the Purchasing Agent, F. D. Glenn.
Council Member McComb stated that he felt that if the Council was going to
discuss this further, they should convene in closed session because this is a
personnel matter and should not be aired in public.
Mr. Wimberly stated that he had made an attempt to meet with the City
Manager but that Mr. Martin refused. He stated that the Council almost awarded
the agreement for the foundry items to his company last week until Mr. Martin
changed their minds. He further stated that Mr. Martin had made some statements
about his (Mr. Wimberly's) character and about his company. He stated that the
basic analysis to not stock materials for the City is erroneous and that he had
29 items the City borrowed because they were out of stock.
Council Member Kennedy made a motion to approve items 1 through 4, seconded
by Council Member Hawkins and passed unanimously.
* * * * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Ordinances and
Ordinances from Previous Meetings on items 5 through 17.
Council Member Guerrero stated he had a question regarding Ordinance No. 12
regarding the zoning for Nueces Development Company and Mayor Pro Tem Turner
suggested that this be withdrawn at this time for discussion later in the
meeting.
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Council Member Slavik stated she would like Ordinance No. 8 explained and
City Manager Martin explained the process the City must implement to reimburse
the General Fund for engineering services on various Bond Fund and Community
Development Block Grant projects. He stated that basically, transfers are made
every quarter rather than weekly, stating that the Engineering Department must
be paid for engineering services performed on these various projects.
Mayor Jones called for comments from the audience and inquired if anyone in
the audience was present to speak on the Consent Ordinance including the one-way
street designation on North Beach, which was listed on the agenda as Ordinance
No. 17.
Mr. J. E. O'Brien, 4130 Pompano, stated he was representing the Taxpayer's
Association and that this Association is still opposed to this ordinance.
Mr. Vern Warner, Capri Motor Inn and Sea Shell Lounge, 2900 N. Shoreline,
stated he agrees with what is being done; the plan is a good one; and he doesn't
want anything changed.
Mr. David Janacek, owner of The Country Store, stated that he had been
present at four previous Council meetings; has told the Council that he is
against this ordinance; hoped the Council would vote against the one-way street
designation; and stated that the second ramp proposed will not work and hoped
that the new design would not cause accidents.
Council Member Slavik stated that when the north portion of the beach is
developed, there will be public hearings conducted and urged Mr. Janacek to
attend.
City Manager Martin indicated his concurrence with Mrs. Slavik's comments.
City Secretary Read polled the Council for their vote on the Consent
Ordinances No. 5 thru 17 and the following were passed:
5a. ORDINANCE NO. 18002
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ATLEE M. CUNNINGHAM, P.E. FOR
ENGINEERING SERVICES DURING THE DESIGN AND CONSTRUCTION OF THE CENTRALIZED
MONITORING AND CONTROL SYSTEM AT THE O.N. STEVENS PLANT; APPROPRIATING $12,000;
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".
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5b. ORDINANCE NO. 18003
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BATH & ASSOCIATES, INC. FOR
ENGINEERING SERVICES RELATED TO THE ELECTRICAL DESIGN OF THE CENTRALIZED
MONITORING AND CONTROL SYSTEM AT THE O.N. STEVENS PLANT; APPROPRIATING $29,750;
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".
6. ORDINANCE NO. 17990
CLOSING AND ABANDONING THE 10 FOOT WIDE UTILITY EASEMENT IN LOT 11, BLOCK 5,
RIVER CANYON UNIT 2; SUBJECT TO PROVISIONS LISTED BELOW; 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".
7. ORDINANCE NO. 17991
AUTHORIZING THE REIMBURSEMENT OF $21,597.61 TO W.E. GARRETT FOR THE INSTALLATION
OF A WATER GRID MAIN IN CEDAR RIDGE UNIT 1 SUBDIVISION; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended
following vote: Jones, Turner,
Mendez and Slavik voting "aye".
8. ORDINANCE NO. 17992
and the foregoing ordinance passed by the
Berlanga, Guerrero, Hawkins, Kennedy, McComb,
APPROPRIATING $172,577.67 TO SUPPLEMENT $118,415.25 REMAINING FROM EXISTING
CONTINGENCY APPROPRIATIONS TO VARIOUS PROJECTS AS SHOWN ON EXHIBITS "A" AND "B";
AUTHORIZING A. REIMBURSEMENT OF $290,992.92 TO THE NO. 102 GENERAL FUND FOR
ENGINEERING SERVICES; 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".
9. ORDINANCE NO. 17993
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 18 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT;
APPROPRIATING $6,095; 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".
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10. ORDINANCE NO. 17994
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 66 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT;
APPROPRIATING 4136,562.53; 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".
11. ORDINANCE NO. 17995
AUTHORIZING ADJUSTMENTS TO THE GROUP HOSPITALIZATION PROGRAM TO PROVIDE FOR
INCREASED RATES, A TRANSFER OF FUNDS FROM THE INSURANCE FUND TO THE GROUP
HOSPITALIZATION FUND, AND INCREASED APPROPRIATIONS FOR THE GROUP HOSPITALIZATION
FUND; 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".
*12. This item was withdrawn - see page 12
13. FIRST READING
AUTHORIZING THE EXECUTION OF A LEASE WITH UNITED AIRLINES INCORPORATED FOR USE
OF SPACE AT CORPUS CHRISTI INTERNATIONAL AIRPORT.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins,
Kennedy, McComb, Mendez and Slavik voting "aye".
14. FIRST READING
AMENDING THE CORPUS CHRISTI CITY CODE BY AMENDING CHAPTER 6, ANIMAL CONTROL, BY
ADDING SECTION 6-25, LOAN OF SMALL ANIMAL TRAPS; PROVIDING AN EFFECTIVE DATE;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins,
Kennedy, McComb, Mendez and Slavik voting "aye".
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15. SECOND READING
APPROVING THE MORTGAGING OF CERTAIN LEASES BETWEEN THE CITY AND THE CORPUS
CHRISTI ARTS COUNCIL, INC., PERTAINING TO THE MERRIMAN-BOBYS HOUSE, AND BETWEEN
THE CITY AND THE LULAC COUNCIL NO. 1 PERTAINING TO THE GRANDE-GROSSMAN HOUSE.
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins,
Kennedy, McComb, Mendez and Slavik voting "aye".
16. SECOND READING
AMENDING THE CITY CODE, SECTION 57-231 TO INCREASE THE LIABILITY INSURANCE
REQUIREMENTS FOR AUTO WRECKER OPERATORS OPERATING UNDER PERMIT FROM THE CITY.
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins,
Kennedy, McComb, Mendez and Slavik voting "aye".
17. ORDINANCE NO. 17996
AMENDING THE CORPUS CHRISTI CITY CODE, SECTION 53-250, SCHEDULE I, ONE-WAY
STREETS AND ALLEYS to add the following: N. Shore Boulevard, between Canal
Street and Coastal Street (north); Surfside Boulevard, between Coastal Street
and Canal Street (south); Coastal Street, between North Shoreline Blvd. and
Surfside Blvd. (west); and Canal Street, between Surfside Boulevard and North
Shoreline Blvd. (east).
The foregoing ordinance was read for the third time and passed by the following
vote: Jones, Turner, Guerrero, McComb, Mendez voting "aye"; Berlanga, Hawkins,
Slavik voting "no"; Kennedy "abstain".
* * * * * * * * * * * * *
Mayor Jones called for consideration of motions from the Regular Agenda on
the following item:
18. Selecting a site for the new City Hall from one of the following areas:
a. Bounded by IH 37, Artesian, Leopard and Staples Streets.
*b. Bounded by Leopard, Staples, Lipan and Sam Rankin Streets.
(Site "C" on map)
c. Bounded by Comanche, Carrizo and Staples Streets.
(Site "B" on map)
Mayor Jones stated that this item had been discussed at the closed session
during the workshop meeting and asked the staff to display the map of the areas
being considered.
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City Manager Martin displayed a map showing the three possible locations
for the new City Hall. He stated that the Sears building would not be suitable
and that the Council had met with the architects this morning regarding the
possible sites.
A motion was made by Mayor Pro Tem Turner that Site "A" (referring to the
map displayed in the Council Chambers) be eliminated from consideration;
seconded by Council Member Guerrero; and passed unanimously.
Mayor Jones stated that the Council would only be considering Sites "B" and
"C" and asked if there were any comments from the audience.
Colonel Vann Kennedy, KSIX T.V., addressed the Council stating that he
owned property in Tract B. He suggested that Site "C" would be better because
it provides maximum accessibility through Lipan, Leopard and I.H. 37; whereas
site "B" is on Blucher and is a very narrow street, and with the Courthouse in
close proximity, an additional traffic problem would occur when employees
arrive at and leave from work at the new City Hall, Courthouse and School
Administration Building. Colonel Kennedy then thanked the Council.
Mr. Tony Bonilla commended the City Council, the staff and the architects
for the job they had done in respect to the sites for the new City Hall. He
stated that he regretted having to take a different stand from that of Colonel
Kennedy, but he favored Site "B". Mr. Bonilla stated that Site "B" could be
made into a governmental complex; there is adequate parking; and services could
be consolidated as in "one-stop" government. He further stated that the
architects had selected Site "B" as the best area because of the green space,
historical homes and land for future expansion. He stated that Site "C"
produces income for the City through taxes. He stated that the question of the
Courthouse "over -shadowing" City Hall had been brought up and reminded the
Council that they would be judged on what is coming out of City Hall, not where
it is located. He stated that the idea of green space all the way to South
Bluff Park is also very attractive. He concluded his remarks by stating that
the Council has a tremendous responsibility and has the opportunity to bring
everything together.
Mayor Jones inquired if there were any other comments from the audience.
Ms. Mary Burnhart stated she would like to support Mr.
selection of Site "B" and inquired what constituted a historical
Mayor Jones stated that generally speaking, if the property
Register it is considered a historical site and inquired if
historical sites in Site "B" and Ms. Burnhart stated that her
historical site, i.e., Lot 8-14, Bluff Addition.
There were no further comments from the audience.
Bonilla in the
site.
is in the Texas
there were any
building was a
Mayor Jones stated that he would favor the Leopard Street site (Site "C")
because the City already owns one block in the area; it is a better site; and
access would be easier.
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Council Member Guerrero stated that he favored Site "C" in that Leopard
Street is a blighted area and that the building of City Hall on this site would
have a strong economic impact.
Council Member Mendez stated that he favored Site "C" also because it is a
very blighted area and if development is expected, City Hall needs to be there
first. He stated that accessibility to the public is very important and this
site is good and it also has the capability for future expansion on the block
that the City already owns.
Council Member McComb stated that this is the cost of voter apathy in the
referendum election; the best site is where City Hall is currently located; and
since the choice location lost in the election, he would favor Site "C".
Council Member Berlanga stated that until this morning he had favored Site
"C", but after quizzing the architects, they left no doubt that the best site is
Site "B". He stated that he had had calls from property owners who wanted to
expand their businesses on Site "C", but if City Hall is built on their
property, this would be impossible. He stated that traffic would be no problem;
expansion possibilities are favorable and there would be plenty of parking;
therefore, he favors Site "B".
Mayor Pro Tem Turner stated that both sites are comparable; from the
esthetic point of view, Site "B" is better; but the best site is Site "C"
because of accessibility and future expansion.
Council Member Kennedy stated that the only thing Site "B" has in its favor
is that City Hall could be built around a park; therefore, he favors Site "C".
Council Member Slavik stated that she had had quite a few phone calls from
citizens favoring Site "B" because of the governmental complex idea; she is
equally divided between the two sites; and that Site "C" is not objectional to
her.
Council Member Hawkins stated that he did favor Site "B" because of
acquisition costs, but now he favors Site "C" because it is more economical;
renovations of the Sears Building would be too costly; the governmental complex
would actually be there because the Courthouse and School Administration
Building are all within the same area.
A motion was made by Council Member Guerrero that Site "C" be selected,
subject to successful economic negotiations by the City Manager; seconded by
Council Member Mendez.
Council Member McComb made an amendment to Mr. Guerrero's motion that
simultaneous condemnation proceedings be allowed; seconded by Council Member
Hawkins.
City Manager Martin displayed a map of the area showing the land that would
be acquired.
The motion to approve Site "C" for the new City Hall, including the
amendment, passed by the following vgte: Joues_, Turner6Guerrero, Hawkins,
Kennedy, Me dez, McComb, and S avik voting "aye g n
* * * * * * * * * * * * * * *
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Mayor Jones called for motion #19 from the Regular Agenda and asked City
Manager Martin to explain this for the benefit of the audience.
19. Authorizing the City Manager to execute a letter of agreement with Reata
Industrial Gas Company providing for the purchase of up to 3,000 mcf of gas
per day, at a cost of $3.50 per mcf delivered into the City's system, on a
day-to-day basis, until such time as the City receives bids on an alternate
gas supply for up to 3,000 mcf or 20% of daily requirements, whichever is
greater and authorizing the receipt of bids for the alternate supply.
City Manager Martin explained motion #19 and ordinance 420, stating that it
allows the City a great amount of flexibility and savings to the taxpayers of
$1.1 million, and this agreement would be on a day-to-day basis. Mr. Martin
stated that Jay Dogey, Assistant City Attorney, Victor Medina, Gas
Superintendent, and Doug Matthews, Director of Public Utilities; had
successfully worked out this contract.
Mayor Jones called for comments from the audience and Mr. Benny Benavides,
2421 Cleo, congratulated Mr. Martin and stated that he was doing a good job and
he was glad that utility bills would be decreasing.
Council Member Kennedy inquired if the industries in the City could obtain
a similar gas contract, and City Manager Martin stated that they could negotiate
similar contracts.
Mayor Pro Tem Turner made a motion to approve motion 19, seconded by
Council Member Hawkins and passed unanimously, Guerrero absent at the time the
vote was taken.
City Secretary Read polled the Council for their vote on Ordinance 20 and
it passed as follows:
20. ORDINANCE NO. 17997
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND VALERO
TRANSMISSION COMPANY AMENDING EXISTING CONTRACTS TO PROVIDE FOR THE SUPPLY OF
GAS FOR THE NEXT FIVE YEARS; 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.
Mayor Pro Tem Turner suggested that the Council consider the zoning cases
that were scheduled for 3:30 and return afterwards to the Regular Ordinances.
* * * * * * * * * * * * * * *
12. Amending the Zoning Ordinance upon application of Nueces Development
Company, by amending Article 31, Newly Annexed Territory by amending
Section 31-5 by adding thereto one new subsection to be numbered 31-5.59
setting forth zoning classifications of "R-2" Multiple Dwelling District on
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Tracts 1 and 2, "R -1B" One -family Dwelling District on Tracts 3 and 5, and
"R -1C" One -family Dwelling District on Tract 4 when annexed to the City of
Corpus Christi. Tract 1 being 8.620± acres, Tract 2 being 6.861± acres,
Tracts 3 and 5 being 90.095± acres, and Tract 4 being 14.922± acres, all
Tracts out of Lots 3, 4, 5, 6, 7, and 8, Section 6, Flour Bluff and Encinal
Farm and Garden Tracts. (Public Hearing - 12/14/83)
Assistant City Manager Tom Utter stated that no one was present last week
when this zoning case was considered and the vote was taken in favor of the
staff recommendation, i.e., "B-1" and "A-1" be denied and "R-2" be granted.
Nueces Development, the applicant, has requested that the ordinance be changed.
Mr. Utter informed the Council that the hearing has been closed, but anyone can
speak on the ordinance.
Council Member Kennedy stated that he will vote against changing the
ordinance because it would set a precedent if the Council amends the ordinance
after the hearing has been closed and Council Member Slavik agreed with Dr.
Kennedy.
Mayor Jones called for comments from the audience on Ordinance 12.
Mr. Dana Bennett, representing Nueces Development Company, apologized for
his absence last week stating that he had another project closing. He stated
that they have acquired property on Staples Street to develop a subdivision;
they would like "13-1" zoning to be utilized as a neighborhood shopping area and
"A-1" zoning for townhomes or apartments; they have dedicated right-of-way to
the City in that area and a small business type activity would be attractive for
the entrance into the subdivision. Mr. Bennett thanked the Council for their
time and consideration.
Council Member McComb asked Mr. Bennett if there was any problem with the
zoning on Tracts 3, 4 or 5 and Mr. Bennett stated that there was none.
Mr. Utter stated that he is not familiar with any cases where the ordinance
has been changed and Mr. Bennett inquired if it would be better if the ordinance
was withdrawn.
Mayor Jones stated that he had no objection with this and Mr. Bennett
stated that he would submit a letter to that effect and they would resubmit the
zoning request to the Planning Commission.
* * * * * * * * * * * * * * *
Mayor Jones announced the scheduled public hearing on the following item:
26. ANNEXATION - 50.91 acre tract of land out of Lot 4, Section 11, Bohemian
Colony Lands, being platted as Breckenridge Subdivision Unit 6.
Mr. Larry Wenger, Director of Planning, explained that this was the second
hearing on this annexation and showed a transparency of the area to be annexed.
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Mayor Jones called for comments from the Council or the audience on the
first reading of the ordinance and there were none.
A motion was made by Council Member McComb to close the hearing, seconded
by Council Member Hawkins and passed unanimously.
City Secretary Read polled the Council for their vote on the ordinance.
FIRST READING
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE
CITY OF CORPUS CHRISTI AND EDGAR H. MOORE AND J.R. EWING FOR THE ANNEXATION OF
APPROXIMATELY 50.91 ACRES OF LAND OUT OF LOT 4, SECTION 11, BOHEMIAN COLONY
LANDS, NUECES 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 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.
* * * * * * * * * * * * * * *
Mayor Jones announced the public hearings on four zoning applications.
27. Application #1183-10, Sherrod Construction Company: for a change of zoning
from "R-2" Multiple Dwelling District and "B-1" Neighborhood Business
District to "A-1" Apartment House District on Tracts B, C, and D, Western
Hills Unit I, located on both sides of Western Drive, on the south side of
Leopard Street.
Assistant City Manager Utter stated that 44 notices of the hearing had been
mailed, two in favor and 16 in opposition had been returned . He stated that
the Planning Commission and Planning Staff recommend approval and the 20% rule
is in effect.
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 to develop an apartment complex.
Council Member McComb stated that he had some reservations regarding this
zoning change and Council Member Mendez stated that he, too, had reservations
because Nolford Place, Callicoate Estates and Western Hills Subdivisions are in
the area and these are very nice subdivisions with single family dwellings.
Council Member Kennedy inquired as to how many units are allowed in the
different zoning classifications, and Mr. Wenger stated that "R-2" allows 14
units per acre, "A-1" allows 21 units per acre and "A-2" allows 36 units per
acre.
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Page 14
Mayor Pro Tem Turner asked what the applicant is planning to do and Mr.
Wenger stated that they are requesting "A-1" but they plan construction of only
18 units per acre.
Council Member Berlanga stated that access would be provided from Leopard
Street and Western Drive and inquired if there would be any off-street parking,
and Mr. Wenger replied that it would all be on-site parking.
Mayor Jones called on the applicant to speak.
Mr. Gene Ramsey, 4321 Nicklaus, displayed a drawing of the proposed
apartment complex and stated that the construction would be in keeping with the
nice appearance of the neighborhood. He stated that on the portion that is
currently zoned "B-1", they could build 90 units and they would have to build a
three-story unit on the corner. He stated that with the zoning change, the
plans call for 19 units for a total of 107 units; the change in zoning will
allow a nice garden type atmosphere with tennis courts, pools, patios, etc.;
they are planning to build an ironwork fence down Western Drive and Leopard,
similar to the type surrounding London House on Wooldridge Road; a wooden
privacy fence would be constructed between the residences and the apartments
even though this is not required; and 50% of the units would be one -bedroom
units. He called the Council's attention to Sandcastle Apartments which abut
Club Estates Subdivision; Sutton Place Apartments which also abut Club Estates
and The Summitt Apartments which abut Country Club Estates. He stated that this
apartment complex will improve the neighborhood more than service stations or
garages. He stated the complex would have a value of $4 million when completed
and will be developed by local developers with private financing.
Mayor Jones inquired as to what the monthly rental cost would be and Mr.
Ramsey stated that it would be approximately $.54 per square foot.
Council Member Slavik inquired if there were very many apartment complexes
in that vicinity and Mr. Ramsey stated that about 1.1 mile away there was The
Rafters and Council Member Mendez stated that there was another complex on the
other side of Nolford Place.
Mayor Pro Tem Turner stated that she was concerned about the density
allowed in this zoning and inquired if what is proposed is actually less.
Mr. Ramsey stated that it is three more additional units per acre than what
is allowed in the current zoning.
Council Member Kennedy inquired if "R-2" construction is allowed on "B-1"
zoning and Mr. Utter replied in the affirmative.
Council Member McComb asked how much
and Mr. Ramsey stated that 12 acre is zoned
Council Member Kennedy stated that the
Council is concerned about the same thing,
if the applicant was obligated to this plan
of the land was already zoned "B-1",
"B_1"
complex plans are excellend, but the
appearance and access, and inquired
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December 21, 1983
Page 15
Mr. Utter stated that the developers were not obligated to the plan
displayed, but with a special permit and a site plan with the driveway
regulations they would be.
Mayor Jones stated that the citizens who objected had not seen the maps or
plans and he thought that this was important.
Council Member Berlanga stated that he thought the plan was beautiful and
that most of the traffic would have ingress and egress from Leopard.
Mayor Jones called for comments from the audience and there was no
response.
Mayor Pro Tem Turner made a motion to close the hearing, seconded by
Council Member Kennedy, and passed unanimously.
Council Member Kennedy stated that the Council has an obligation to protect
the citizens living in the area and made a motion that the zoning be denied on
Application No. 1183-10 and in lieu thereof a special permit be approved subject
to an acceptable site plan with the necessary modifications on the plan to
comply with special permit requirements, seconded by Council Member Slavik; and
passed unanimously by those present and voting.
Council Member Mendez stated that he would like the names and address of
the people in the area so that he could talk to them.
* * * * * * * * * * * * * * *
28. Application #1183-11, Mr. Greg Voisin: for a change of zoning from "R -1B"
One -family Dwelling District to "R -1C" One -family Dwelling District, being
15.20± acres out of Lots 28 and 29, Section 27, Flour Bluff and Encinal
Farm and Garden Tracts, located approximately 300' east of West Mount
Drive.
Mr. Utter stated that in response to the six notices of the public hearing,
one in favor and none in opposition were returned.
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 desires "R -1C" zoning because there is a demand for smaller lots
using a patio -type layout.
No one spoke in regard to this zoning application.
A motion was made by Council Member Hawkins that the hearing be closed;
seconded by Council Member Slavik and passed unanimously.
City Secretary Read polled the Council for their vote and the following
ordinance passed:
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December 21, 1983
Page 16
ORDINANCE NO, 18000
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF GREG VOISIN BY CHANGING THE
ZONING MAP IN REFERENCE TO A PORTION OF LOTS 28 AND 29, SECTION 27, FLOUR BLUFF
AND ENCINAL FARM AND GARDEN TRACTS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO
"R -1C" 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, Kennedy, McComb, Mendez and
Slavik voting "aye"; Hawkins "absent".
* * * * * * * * * * * * * * *
29. Application #1183-3, Metropolitan Life Insurance Company: for a change of
zoning from "A-1" Apartment House District with "SP" Special Permit to
"B-2" Bayfront Business District on Bayview Park Tract, located at the
intersection of Ocean Drive and South Shoreline Boulevard.
Assistant City Manager Utter stated that in response to the 10 notices
mailed, two in opposition and one in opposition outside the area of notification
had been returned. He stated that the change in zoning is being requested so
that a lighted sign can be installed on the side of the building and the staff
and Planning Commission are recommending a revised special permit according to
the site plan that was submitted. Mr. Utter then distributed the site plan.
Mayor Pro Tem Turner inquired as to how this fit into the Bayfront Plan and
if a precedent would be set if this was approved and Mr. Utter stated that he
doesn't feel the sign would infringe on the bayfront.
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 desires to install a lighted sign. He pointed out that the
Holiday Inn across the street has a lighted sign.
Mayor Jones pointed out to the Council that the First Baptist Church
fronting Ocean Drive has a lighted sign.
Mrs. Turner stated that she felt the City should have special signage
requirements along the Bayfront and Mr. Wenger pointed out that the provisions
in "B-2" zoning are very restrictive. She further stated that it was fortunate
that there are not that many businesses on the Bayfront and that she is not sure
the City has the correct signage for the Bayfront.
Mr. Wenger pointed out that there are very few signs on Ocean Drive and Mr.
Utter interjected that "B-2" zoning is a special district to protect the
Bayfront and this recommendation is for a special permit which would restrict
the signage on the property.
Council Member Kennedy stated the he would like for staff to deal with the
traffic flow on Shoreline Drive, stating that when the adjacent property that is
already zoned "B-2" develops, he would like that corner to be rounded off.
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December 21, 1983
Page 17
Council Member Slavik inquired as to how large the proposed sign will be,
and Mr. Wenger stated that it would be 19' x 3'. Mrs. Slavik continued by
stating she failed to see why a lighted sign is necessary.
Council Member McComb stated that he did not see the necessity for a
lighted sign either.
Council Member Mendez stated that the sign would face Buford and would
cause no problem.
Mayor Jones inquired if anyone was in the audience who wished to address
this application and there was no response.
Council Member Berlanga made a motion to close the hearing, seconded by
Council Member Mendez and passed unanimously.
Council Member McComb made a motion to deny Application 41183-3, seconded
by Mayor Pro Tem Turner and passed unanimously.
Mayor Pro Tem Turner requested the signage requirements for "B-2" zoning,
and Mr. Utter stated that he would supply her with an information packet.
* * * * * * * * * * * * * * *
30. Application 41183-6, Beach Place Condominiums: for a change of zoning from
"AT" Apartment Tourist District to "B-5" Primary Business District on Lots
1, 3, 5, 7, 9 and 11, Block 22, Brooklyn Addition, located between Gulden
Street and Reef Avenue, approximately 150' east of Gulfbreeze Boulevard.
Mr. Utter stated that of the five notices mailed, one in favor and one in
opposition had been returned. He stated that the Planning Commission and
Planning Staff recommend that it be denied, and in lieu thereof a special permit
be approved for construction of a 40 unit condominium.
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 ratio of land to the building size was the reason for the requested change
in zoning.
Mayor Jones inquired if anyone in the audience wished to address the
request for change in zoning and there was no response.
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 and the following
ordinance was passed:
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December 21, 1983
Page 18
ORDINANCE NO. 18001
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF BEACH PLACE CONDOMINIUMS BY
GRANTING A SPECIAL PERMIT FOR A CONDOMINIUM ON LOTS 1, 3, 5, 7, 9 AND 11, BLOCK
22, BROOKLYN ADDITION; 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".
* * * * * * * * * * * * * * *
Assistant City Manager Utter informed the Council that there would be a
zoning hearing on the Spohn Hospital parking lot site and stated that they might
be receiving phone calls regarding this matter.
* * * * * * * * * * * * * * *
Mayor Jones stated that the Council had not taken action on Ordinances 21
thru 25 and asked if the Council had any questions.
In regard to Ordinance #23, Airport Limousine, Mayor Jones stated that in
Austin the limousine service has to pay a .50C fee for every person they take
out of the Airport and that most cities do not have a limousine service.
In regard to Ordinance #22, South Staples Sanitary Sewer Trunkline
Extension, Council Member Berlanga stated that he was glad to see that action
was being taken against the bonding company.
Council Member Kennedy asked for an explanation of Ordinance #24 and City
Manager Martin stated that after the Council had directed the staff to approach
the industries to discuss extensions, they had a number of problems. Basically
these are housekeeping type of changes and that Tom Basile, Assistant to the
City Manager, and Oscar Martinez of the Budget Office had met with the members
of the Board of Trade and discussed different provisions and sent contracts to
the industries involved. All of the industries are in favor of the extensions
and the only amendment that drew opposition was the statement of value, so this
was omitted. He further stated that what has resulted is a contract that
represents the City's interest and the industries' interest. He stated that the
"favored nations" clause would not apply if an industrial district was formed in
the Gulf of Mexico.
Mayor Jones stated that he was not present during discussion of these
proposed changes and that he will vote against this ordinance on all three
readings because the City had a good 7 -year contract; the City is not receiving
any benefits from these changes; the current contract has 5 years pending; this
contract is more favorable to the industries; and it will be maintained two
years longer than normal.
Council Member Kennedy stated that the citizens will benefit from this
because it will decrease the unemployment rate; this will allow the Business
Development Commission to recruit industries to Corpus Christi; industries will
be able to make long range plans; it will give Corpus Christi a competitive edge
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.pular Council Meeting
December 21, 1983
Page 19
that will allow for the recommitment of the existing industries and a new
commitment of additional industries; and that he had asked the staff to bring
this issue forward and move on expeditiously. He urged the Council to pass this
ordinance.
Council Member McComb agreed with Dr. Kennedy's statements and stated that
one of the objectives of this Council is business and economic development and
this would be reaffirming their commitment to the business community.
Mayor Pro Tem Turner also agreed with the previous remarks, stating that
she feels very strong that this is one of the primary goals of the Council,
i.e., economic development; that this will put Corpus Christi in a highly
competitive position and cause other industries to locate in Corpus Christi.
She concluded her remarks by stating that she supports the ordinance.
Council Member Mendez stated that he supported the ordinance and supports
helping the industries; this issue was discussed at the National League of
Cities Meeting and that Councils all over the nation were finding ways to
support industry; everything possible should be done to support industry; but
industry should understand that something should be given back in return.
Council Member Guerrero stated that he too supports passage of the
ordinance, stating that this is a way of telling industry that the City Council
supports and needs them.
Council Member Slavik noted the presence of Mr. Hal Fessler in the audience
and stated that the concern of the Business Development Commission was the high
cost of utilities and asked Mr. Fessler if this would be helpful to him.
Mr. Fessler, President of the Board of Trade and Vice President of Quintana
Howell, stated that he is delighted with the support of the City Council; thinks
it is important and is one of the things the City can do; things are difficult
nationwide; and support by the City on a continuing basis is important. He
further stated that he is delighted with the relationship they have developed
with Tom Basile, Mr. Martin and the staff and that it is important for the
industries to be able to tell their home headquarters that the City is behind
them and that they can make expansion plans.
Council Member Hawkins stated that the City is benefiting from this
contract in the way of economic development and this is one of the high
priorities of this Council. He stated that he would support the ordinance.
Mayor Jones asked Mr. Fessler if it would be better to have no taxation on
the industries and Mr. Fessler replied that it would be better, that the reason
industry was not previously located within the City limits was to attract
industry to Corpus Christi.
Mayor Jones asked if there were any other comments on Ordinances 21 through
25.
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December 21, 1983
Page 20
Ms. Tinker Boos, 4517 Snead and Manager of Airport Limousine Service,
stated that when they acquired the limousine service, the previous owners were
$5,400 in arrears to the City; in the first eight months they paid that amount
and stayed current; over a year ago they had become delinquent, but are now
current; six months ago they made this proposal and in the last th.ee months
they have fallen behind and she stated that without an increase in 'ates they
would not be able to pay the City the amount due. She then requested that this
rate increase not be conditioned upon Airport Limousine Service havi g to pay
the City what is owed.
City Manager Martin stated that he cannot comment on their abili
but he has trouble with granting an increase so that the City can get
stated that if Airport Limousine Service could pay the City by Februa
then he could recommend the increase.
y to pay,
paid. He
y 1, 1984
Mayor Jones stated that a date should be set for payment and if it is not
paid, then the franchise should be cancelled.
Ms. Boos stated that they would like three months before paymen is due,
because January and February are not good months.
City Manager Martin stated that a rate increase is recommended an
Council could put a date on the payment, stating that the City must ge
Council Member Slavik asked Ms. Boos what she thought the proble
Ms. Boos stated that it was a decrease in business and the closing
Airlines. Mrs. Slavik stated that this service is needed at the Airpo
Council Member Guerrero asked if an increase in rates would de.
number of customers and Ms. Boos stated that she had considered th
taxicab to downtown cost $10.00 and their fee is $6.00. She stated
need signs in the baggage area to let the customers know that they exi
Mayor Pro Tem Turner inquired as to why there are no signs, and
City Manager Lontos stated that they did have a sign but that it was
so it was taken down. Mrs. Turner inquired if there would be any prob
sign in the baggage area and Mr. Martin stated that there is no probl
as the sign is approved by the Airport Manager.
Council Member Mendez asked if they had a sign outside and Ms.
that they had just installed a sign last week by the Gift Shop.
stated that customers are given a choice whether they wish to take a
airport limousine service.
that the
paid.
was and
f Braniff
t.
rease the
s, but a
that they
t.
Assistant
improper,
em with a
m as long
B.os stated
Mi . Mendez
t -xi or the
Council Member Slavik stated that the limousine service is dif
that they are providing a service; they have to be there; the taxis do
further stated that Ms. Boos should be able to place her signs where
to as long as they are approved by the City Manager.
erent in
not. She
she wants
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gular Council Meeting
December 21, 1983
Page 21
Council Member Hawkins made a motion to amend the ordinance to allow three
months to pay the past due balance, with payment due by April 1, 1984, seconded
by Council Member Slavik.
Mayor Jones inquired if anyone else had bid on the limousine service and
Mr. Martin stated that there had been none. Mr. Martin further stated that they
had no problem with payment due by April 1, 1984, as long as they were paid up
and current.
Mayor Jones stated that he agreed with the motion and stated that if they
are not current by April 1, 1984, the franchise should be cancelled.
Council Member McComb stated that Airport Limousine Service was showing a
good faith effort and that economic conditions were affecting this business.
Mayor Jones called for the vote on Council Member Hawkins' motion to amend
Ordinance #23 and it passed unanimously.
City Secretary Read polled the Council for their votes on Ordinance 21 thru
25 and the following were passed:
21. ORDINANCE NO. 17998
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT TO SELL THE REYNOLDS WATER
PIPELINE TO SAN PATRICIO MUNICIPAL WATER DISTRICT AND A BILL OF SALE IN
CONNECTION THEREWITH; AUTHORIZING ASSIGNMENT OF RELATED PIPELINE EASEMENTS; AND
AUTHORIZING EXECUTION OF AMENDED CONTRACTS FOR SALE OF TREATED AND UNTREATED
WATER TO SAID WATER 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".
22. ORDINANCE NO. 17999
AUTHORIZING THE EXECUTION OF A CONTRACT WITH MAVERICK CONSTRUCTION COMPANY FOR
COMPLETION OF THE SOUTH STAPLES SANITARY SEWER TRUNKLINE EXTENSION, PHASE I
PROJECT; APPROPRIATING $92,896.42; 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".
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Page 22
23. FIRST READING
AMENDING THE CORPUS CHRISTI CITY CODE BY AMENDING CHAPTER 57, VEHICLES FOR HIRE,
ARTICLE III, AIRPORT LIMOUSINE SERVICE, SECTION 57-152, ZONES AND FARES, AND
AMENDING THE ORDINANCE NO. 13130, WHICH AUTHORIZED FRANCHISE WITH THE AIRPORT
LIMOUSINE SERVICE, AS AMENDED, SO AS TO PROVIDE A NEW SCHEDULE OF FARES FOR
ZONES 1 THROUGH 4; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins,
Kennedy, McComb, Mendez and Slavik voting "aye".
24. FIRST READING
AMENDING ORDINANCE NO. 15898, AS AMENDED BY ORDINANCE NOS. 15941, 16129, 16167
AND 16601, DIFFERENTIATING BETWEEN INDUSTRIAL DISTRICTS CREATED IN THE GULF OF
MEXICO AND OTHER INDUSTRIAL DISTRICTS IN THE CITY'S EXTRATERRITORIAL
JURISDICTION, DEFINING THE TERM "IMPROVEMENT", REMOVING THE 20- ACRE ANCILLARY
INDUSTRY REQUIREMENTS FOR SUBDIVISION PLAT DEFERRAL.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Turner, Berlanga, Hawkins, Kennedy, McComb,
Mendez and Slavik voting "aye", Jones "no"
25. FIRST READING
AMENDING ORDINANCE NO. 15949, AS AMENDED BY ORDINANCE NOS. 16131, AND 16622, TO
EXCLUDE INDUSTRIAL DISTRICTS LYING ENTIRELY WITHIN THE GULF OF MEXICO FROM THE
CORPUS CHRISTI INDUSTRIAL DEVELOPMENT DISTRICT.
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".
* * * * * * * * * * * * * * *
A motion was made by Mayor Pro Tem Turner to recess the Regular Council
Meeting in order to conduct the Housing Finance Corporation Meeting, seconded by
Council Member Slavik and passed unanimously.
* * * * * * * * * * * * * * *
A motion was made by Mayor Pro Tem Turner to reconvene the Regular Council
Meeting, seconded by Council Member Slavik and passed unanimously.
Mayor Jones asked Mr. Martin if he had anything to report to the Council.
Mr. Martin stated that bad weather is expected tonight and there will be a
deep freeze and he assured the Council that the City has taken all the necessary
precautions.
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December 21, 1983
Page 23
Mayor Jones called for petitions or information from the audience on
matters not scheduled on the agenda.
Ms. Sally Madalin, President of R.I.D., stated that Mr. Ben Sley was
present and would like to update the Council regarding open containers in
automobiles. She stated that a survey had been taken of 637 people and 611
favored an ordinance banning open containers in automobiles. She asked the
Council to consider an ordinance banning them this be on the agenda the first
meeting in January.
Mr. Ben Sley, 470 Cape Lookout, stated that he had spoken before the
Council on July 13 concerning the open container ordinance; there was a question
about the Texas Alcoholic Beverage Code pre-empting the City's ordinance; and he
had received a memo from City Attorney Aycock on this issue. He informed the
Council that the City of Clute had passed an ordinance banning open containers;
it was challenged in court and the judgement was made in favor of the Plaintiff;
the decision was then appealed by the Defendant and they reversed the lower
court decision and the ordinance was found to be valid and proper.
Mayor Jones asked Mr. Martin if he had any comments on this matter.
Mr. Martin stated that they are awaiting an opinion from the Attorney
General's Office and this could be scheduled as a workshop agenda item as soon
as this opinion is rendered.
A motion was made by Mayor Pro Tem Turner that this be scheduled as a
workshop agenda item as soon as the Attorney General's opinion is rendered;
seconded by Council Member Berlanga; and passed unanimously.
Mayor Jones stated that he is in favor of this action and it is a very
controversial issue.
There being no further business to come before the Council, on motion by
Council Member Slavik; seconded by Council Member Mendez and passed unanimously,
the Regular Council Meeting was adjourned at 6:23 p.m.