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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 .utes .gular Council Meeting December 21, 1983 Page 2 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. utes -gular Council Meeting December 21, 1983 Page 3 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. utes .gular Council Meeting December 21, 1983 Page 4 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. Lutes �gular Council Meeting December 21, 1983 Page 5 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". lutes _.cgular Council Meeting December 21, 1983 Page 6 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". utes _..,pular Council Meeting December 21, 1983 Page 7 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". Lutes _.<gular Council Meeting December 21, 1983 Page 8 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. utes 4u1ar Council Meeting December 21, 1983 Page 9 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. utes _._gular Council Meeting December 21, 1983 Page 10 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 * * * * * * * * * * * * * * * autos 4gular Council Meeting December 21, 1983 Page 11 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 utes _gular Council Meeting December 21, 1983 Page 12 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. Lutes _.egular Council Meeting December 21, 1983 Page 13 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. utes __egular Council Meeting December 21, 1983 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 nut es agular Council Meeting 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: utes .pular Council Meeting 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. Lutes :gular Council Meeting 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: lutes 3ular Council Meeting 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 utes .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. lutes .gular Council Meeting 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 lutes 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". utes _gular Council Meeting December 21, 1983 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. utes .gular Council Meeting 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.