HomeMy WebLinkAboutMinutes City Council - 12/04/1984MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
MEMORIAL COLISEUM
DECEMBER 4, 1984
2:00 P.M.
Present:
Mayor Luther Jones
Mayor Pro Tem Betty N. Turner
Council Members:
David Berlanga, Sr.
Welder Brown
**Leo Guerrero
*Dr. Charles W. Kennedy, Jr.
Joe McComb
Frank Mendez
***Mary Pat Slavik
City Manager Edward A. Martin
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Luther Jones called the meeting to order in Memorial Coliseum.
The invocation was given by Sister Martha O'Gara of Incarnate Word,
following which the Pledge of Allegiance to the Flag of the United States was
led by Council Member David Berlanga.
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 the Regular
Council Meeting of November 20, 1984 be approved as presented; seconded by
Council Member Guerrero and passed unanimously.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the supplementary motion on the
following item:
22. Approving the recommendation from the Ad Hoc Water Advisory Commission to
accept the proposals of NAWC and Dr. Haragan at a total cost of no more
than $225,000 and authorizing the City Manager to enter into the
appropriate agreements.
A motion was made by Mayor Pro Tem Turner to accept the report of the Ad
Hoc Water Advisory Commission and approve the foregoing item; seconded by
Council Member Mendez; and passed by the following vote: Jones, Turner,
Berlanga, Brown, Guerrero, McComb, and Mendez voting aye; Slavik voting no;
Kennedy absent at the time the vote was taken.
MICROFILMED
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Mayor Jones then called for consideration of the Consent Motion which was
posted as an emergency item on the following matter:
Approving recommendations from the Sister City Committee to terminate the
Sister City relationship with Tampico, Mexico, and to establish a Sister
City relationship with another City in Mexico.
A motion was made by Council Member Guerrero that the foregoing item be
confirmed, seconded by Mayor Pro Tem Turner and passed unanimously.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Motions on the
following items:
1. Bids be received December 28, 1984, for 200 Zoning Map Books used by
various City divisions and sold to the general public. Estimated
expenditure is $7,200.
2. Bids be received December 28, 1984, for a twelve month supply agreement
with option to extend for an additional twelve months,
and conditions, subject to the approval of the City
designee, for milk and miscellaneous dairy products
Nutrition Program. Estimated expenditure is $41,250.
3. Bids be received December 28, 1984, for a twelve month
with option to extend for an additional twelve months,
and conditions, subject to the approval of the City
designee, for bread and miscellaneous bakery products
Nutrition Program. Estimated expenditure is $7,000.
at the same terms
Manager, or his
for the Elderly
supply agreement,
at the same terms
Manager, or his
for the Elderly
4. Bids be received January 3, 1985, for signalization equipment and supplies
for Stage I, Traffic Signal Capital Improvement Program for the Traffic
Engineering Division. $169,200 is budgeted in the Street Bond Fund and
$21,600 is included in the 1984/85 Traffic Engineering Budget. Total
estimated expenditure for this item is $190,800.
Council Member Mendez referred to item 4 and stated that he was very
concerned about the need for a signal light at the intersection of FM 624 and
Wildcat Drive. He stated that it is not listed in Stage I of the signalization
program and expressed the opinion that a traffic light was needed there more
than at FM 624 and Southern Minerals Road.
City Manager Martin noted that there are funds for eight traffic signals
and Council Member Mendez is requesting that funding be provided for a traffic
signal at FM 624 and Wildcat Drive.
Mr. Tom Stewart, Director of Transportation, explained to the Council that
he had recommended that Southern Minerals Road have a traffic light installed
because of the high traffic count. He explained that the intersection of FM 624
and Wildcat Drive are listed in Stage II of the program which will follow this
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one, but if the Council feels that a traffic light should be installed at
Wildcat and FM 624, the priority can be changed.
A motion was made by Council Member Mendez that the intersection of FM 624
and Wildcat Drive be placed in Stage I of the signalization program and that the
traffic light at Southern Minerals Road be placed in Stage II. The motion was
seconded by Mayor Pro Tem Turner.
* Council Member Charles Kennedy arrived at the meeting at 2:15 p.m.
Mayor Jones called for the vote on Mr. Mendez motion and it passed
unanimously.
Council Member Guerrero inquired about his request that a traffic signal
light be installed at the intersection of Tiger Lane and Kostoryz Road, and City
Manager Martin informed him that this is scheduled for signalization in May of
1985.
Council Member Berlanga referred to a discussion of improvements on
Wooldridge Road extending to Airline Road and inquired if signal lights will be
taken care of when that street is widened.
City Manager Martin explained that there are no plans to widen Wooldridge
at this time; eventually it will need to done; but it is not a priority item.
5. Bids be received January 3, 1985, for a 12 -ton equipment trailer for the
Wastewater Division. Trailer is included in the 1984/85 Capital Outlay
Budget. Estimated expenditure is $12,000.
6. Approving a twelve month supply agreement, with option to extend for an
additional twelve months, at the same terms and conditions, subject to the
approval of the City Manager, or his designee, for approximately 410
stormsuits, and 210 raincoats with hoods, stenciled with the City Seal, to
be used by all divisions, based on low bid to Tools of Texas, Corpus
Christi, for $6,569.70. Fourteen bid invitations were issued, eight bids
were received. Prices have decreased approximately 34% from last contract
of July, 1983.
7. Approving a twelve month supply agreement, with option to extend for an
additional twelve months, at the same terms and conditions, subject to the
approval of the City Manager, or his designee, for approximately 28,800
size D -cell batteries to be used by all divisions and stored in City
Warehouse based on low bid to Briggs Weaver, Corpus Christi, for $5,472.
Sixteen bid invitations were issued, eleven bids were received. Prices
have decreased approximately 7% from the last contract of September, 1983.
8. Approve the purchase of two modular ambulances for AID Ambulance from
Superior Remount, Inc., based on low bid meeting specifications for a total
of $79,400. The unit price has remained constant since the last purchase
in February, 1984.
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9. The following actions be taken in connection with the new City Warehouse at
the Municipal Service Center:
a. The project be accepted.
b. Black Brothers Construction, Inc., who provided the building slab,
site work and utilities at a total cost of $226,186, be granted a
12 -day time extension to supplement the 90 working days authorized in
their contract because of additional work added by change order, and
remaining funds of $29,954.79 be paid this firm.
c. J. H. Chapman Construction Co., Inc., who furnished and erected the
pre-engineered steel building at a cost of $70,789 be paid remaining
funds of $16,635.42.
This project provides a new 14,400 square foot Warehouse to serve City
operations with the present Warehouse building on Sam Rankin Street
scheduled for demolition as part of the new City Hall project in that area.
Council Member Slavik referred to item 8 and inquired about he number of
ambulances that the City has now.
City Manager Martin replied that the City has nine and these two are
replacements.
Council Member Berlanga referred to item 9 and asked if the change order
referred to had any expense included.
Assistant City Manager James K. Lontos explained that there are four change
orders involved and all of them have some expense involved.
Council Member Berlanga asked about the necessity for the change orders and
inquired if it was an oversight in the plans or because of conditions
encountered during construction.
Mr. Lontos stated that it was possibly an oversight and because of
additional work that was required after the project was started.
In reference to item 6, Mayor Pro Tem Turner inquired about inventories on
raincoats, etc.
City Manager Martin stated that the City does not keep a year's supply of
these items because they are purchased as they are needed, and Mr. F. D. Glenn,
Purchasing Director, explained that there is an ongoing inventory of these items
at all times.
Council Member McComb expressed concern about the numerous change orders
and asked about the possibility of eliminating errors that are being made that
necessitate the change order. He expressed the opinion that if it is the
staff's responsibility, that needs to be corrected, and if it is the
contractor's responsibility, then that needs to be corrected as well.
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Mr. Lontos assured the Council that there is a reason for every change
order and the reason needs to be approved by the City staff and if the
additional cost is over $5,000, they need to be approved by the City Council.
Mayor Jones stated that he felt that it is impossible for the staff or the
contractor to predict the types of conditions that are going to be encountered
on a project and there is a valid reason for every change order.
City Manager Martin stated that the bids are never changed and change
orders are just made due to conditions that are encountered during the project.
He explained that the City needs to be careful that low bidders do not submit
low bids on the project and then request change orders, which make the bids much
higher.
10. Authorizing a revocable easement to Windchase, a Joint Venture, developer
of the Windchase Shopping Center at the northwest corner of Airline Road
and Holly Road, providing for the developer installing 740 linear feet of
4" diameter sanitary sewer force main in Airline Road to serve a private
sanitary sewer lift station within the shopping center site.
11. An amendment to the contract for Architectural Services for Exposition Hall
with Total Design Four be approved which would authorize this architectural
firm to prepare the necessary plans and specifications for the demolition
of Exposition Hall, the appropriate roof replacement of the existing
restrooms which serve the Memorial Coliseum and the preservation of an
electrical switchgear room. The amendment includes an architectural fee of
$8,250 for this work. Revenue sharing funds previously encumbered from the
1983-84 budget are available in the current operating budget; therefore, a
separate appropriation is not required.
12. Authorizing the City Manager, or his designee, to execute agreements with
the following non-profit organizations providing financial assistance in
the amounts indicated for various Arts and Cultural programs, as
recommended by the Municipal Arts Commission:
a. Art Community Center for $500 for the Christmas Reflections Program
(December, 1984);
b. Art Museum of South Texas for $3,000 for the Farrell Dyde Dance
Theatre (March 2, 1985);
c. Center for Chicano Arts, Sciences, and Humanities for $2,000 for the
"corridos" accordian concert (February 8, 1985);
d. Corpus Christi Chorale for $2,500 for its 1984-85 season;
e. Corpus Christi Concert Ballet for $3,000 for the Free Educational
Matinee in its Spring Program (March 29-30, 1985); and
f. Corpus Christi Young Artists' Competition for $1,500 for the concerto
and piano solo contest (January 18-19, 1985).
The total of $12,500 is available as part of the $50,000 budgeted for Arts
support approved in the 1984-85 Tourist and Convention Development Fund
Budget, of which a balance of $25,000 remains in the Arts and Cultural
Projects Activity.
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*13. The following actions be taken as a result of a review of the adequacy of
fees and charges previously established for the water and sewer lot/acreage
trust fund policies (Ordinance Nos. 17396 and 17092) as contained in the
Platting Ordinance:
a. The Platting Ordinance be amended relative to the Water and Sanitary
Sewer Trust Fund Policies to provide for a review of the adequacy of
fees and charges every two years in lieu of the present bi-annual
review basis. (by separate ordinance)
b. Make a finding that the lot/acreage fees, tap surcharge fees, and pro
rata fees presently provided for in the water and sanitary sewer
policies in the Platting Ordinance are adequate.
c. Authorize the transfer of $90,000 from the Water Distribution Main
Extension Trust Fund into the Water Arterial Transmission and Grid
Main Trust Fund.
Council Member Guerrero referred to item 11 and inquired as to why the City
did not advertise for proposals for this work.
Mr. Lontos explained that the City has a selection committee and does not
make a practice of advertising for bids for professional services. He agreed
that is could be done if the Council desired.
Council Member Guerrero stated that he would like to make a motion to
advertise for bids.
Mayor Jones expressed the opinion that the City Council should have a
thorough discussion because it is not that easy and it is not that efficient to
advertise for proposals for architectural services.
City Manager Martin pointed out that it would be very difficult to go out
for proposals for this project because this particular architectural firm has
been working on the Exposition Hall for some time. He explained that the fees
are usually negotiated after selection is made, but if the Council is
uncomfortable with this, the staff can prepare the plans and specifications for
the project.
Council Member Guerrero stated that he is not totally confident with Total
Design Four working on this project any way.
Mayor Jones pointed out that the Council Members have a right to vote the
way they want to on the items.
Council Member Slavik referred to item 10 and inquired about the benefits
to the City in granting this revocable easement.
Assistant City Manager Lontos explained that there is a sewer line near the
shopping center; this is a platted piece of property; it cannot be developed
without a sanitary sewer line; and they have gone to the expense of doing this
and just need a revocable easement for this purpose.
*Withdrawn
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Council Member Slavik referred to item 13 and inquired if they are
presently reviewing this twice a year and the proposal is to review it every two
years.
City Manager Martin stated that bi-annual was put in the Platting Ordinance
with the understanding that it means every two years, and the staff proposes the
change in the wording to make it clear that it is every two years.
In a further reference to item 11, Council Member Kennedy urged that
sufficient electrical power be maintained in the Coliseum. He expressed the
opinion that it seems reasonable to continue the contract with the same
architectural firm that has been working on the project.
Council Member Mendez referred to item 13 in regard to Section B and
inquired as to the reason for increasing the fees on January 1, 1985 if they are
adequate at this time.
After a short discussion, City Manager Martin suggested withdrawing item
13, so that additional information could be provided the Council.
Council Member McComb inquired if an effort was being made to encourage the
people in Flour Bluff and Calallen to tie on to the sanitary sewers in existence
before the rates are increased.
Council Member Mendez agreed that discussion had been conducted on the
possibility of encouraging people to tie on to the sanitary sewer lines before
the fees are increased.
City Manager Martin reiterated that he would prefer to withdraw this item
at this time.
Council Member Guerrero again referred to item 11 and suggested that the
staff might prepare the specifications on this item.
City Manager Martin stated that it was his understanding that it was the
Council's request that this project be moved forward as soon as possible and
explained that the staff could not do this as quickly as the architect who has
been working on it. He stated however, that he would prefer the staff doing it
rather than advertising for proposals.
Mayor Jones stated that he felt that the staff recommendation is the most
efficient way to accomplish the task and the Council has the alternative of
either approving it or not approving it.
Council Member Berlanga mentioned that a proposal had been submitted to
repair the roof of the Exposition Hall and inquired if the staff had any useful
information in that proposal.
City Manager Martin stated that he did not find any relevance to that with
the demolition of the building.
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No one in the audience commented on the Consent Motions; a motion was made
by Mayor Pro Tem Turner that items 1 through 12 be approved; seconded by Council
Member Slavik; and passed by the following vote: Jones, Turner, Brown,
Guerrero, Kennedy, McComb, Mendez, and Slavik voting aye on all of the items;
Berlanga and Guerrero voting aye on all of the items with the axception of item
11 on which they voted no.
* * * * * * * * * * * * *
Mayor Jones called for consideration of Consent Ordinances and Ordinances
from Previous Meetings on items 14 through 21.
Council Member Kennedy referred to Ordinance 15 pertaining to Corpus
Christi Beach Park and stated that the drawing presented to the City Council
seems to be somewhat different from the one that he remembers. He mentioned
that this drawing seems to be further to the north than the one he remembered
and evidently the City is losing some of the park land.
Assistant City Manager Tom Utter located the 35 acre park on a map and
stated that the north end of the beach has eroded a great deal. He agreed that
the original Corps of Engineer drawing was somewhat further to the west and
mentioned the fact that the Corps of Engineers plans to place a rock groin in a
particular location. He stated that the staff does not feel that the City is
losing any of the beach which was theirs originally because some of the land
will erode further. He stated that the land Dr. Kennedy referred to is not
included in the original 35 acres.
Mr. Utter continued by locating the proposed 500 foot long rock groin which
will help in the sand retention and which should ameliorate the erosion that has
occurred on Corpus Christi Beach. He explained that this will also reduce the
renourishment required. Mr. Utter then located the right of entry to Corpus
Christi Beach and pointed out a small sliver of land that the State of Texas
claims to own, but which the City will be able to use as well. He explained
that the lease will be amended to increase the amount of land.
Mayor Pro Tem Turner referred to Ordinance 17, authorizing agreements with
various arts and cultural programs, and questioned the use of General Fund
Reserve for this purpose.
City Manager Martin explained that the City is obligated for this funding
since a grant was received. He suggested that the Council could add a caveat to
the effect that we could examine the Hotel/Motel fund at the end of the year so
that if excessive amounts are available in the fund, the General Fund Reserve
could be reimbursed.
A motion was made by Mayor Pro Tem Turner that item 17 be amended to the
effect that the General Fund Reserve will be reimbursed from the Hotel/Motel
fund if possible. The motion was seconded by Council Member Mendez and passed
unanimously.
Mayor Jones called for comments from the audience on the ordinances and
there was no response.
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City Secretary Read polled the Council for their vote and the following
ordinances were passed:
14. ORDINANCE NO. 18580
AMENDING THE PLATTING ORDINANCE, SECTION V.B.5(h) OF THE PLATTING ORDINANCE AND
PERTAINING TO THE CITY COUNCIL REVIEW OF THE ADEQUACY OF ALL FEES AND CHARGES
BEING DEPOSITED IN THE WATER TRUST FUNDS; AMEND SECTION V.B.6.(h) OF THE
PLATTING ORDINANCE PERTAINING TO THE CITY COUNCIL REVIEW OF THE ADEQUACY OF ALL
FEES AND CHARGES BEING DEPOSITED IN THE SANITARY SEWER TRUST FUNDS; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez, and
Slavik voting "aye"; McComb absent at the time the vote was taken.
15. ORDINANCE NO. 18581
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE DEPARTMENT OF THE ARMY, CORPS
OF ENGINEERS, GALVESTON DISTRICT, PROVIDING FOR CONSTRUCTION RIGHT -OF -ENTRY AT
CORPUS CHRISTI BEACH PARK; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez, and
Slavik voting "aye"; McComb absent at the time the vote was taken.
16. ORDINANCE NO. 18582
AUTHORIZING THE EXECUTION OF A JOINT USE AGREEMENT WITH THE HIALCO-OIC, INC. FOR
THE SUBLEASE OF SPACE AT THE BOOKER T. WASHINGTON ELEMENTARY SCHOOL; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez, and
Slavik voting "aye"; McComb absent at the time the vote was taken.
17. ORDINANCE NO. 18583
APPROPRIATING $15,000 FROM THE GENERAL FUND RESERVE FOR THE LOCAL MATCH TO THE
NEA CITYARTS GRANT AND AUTHORIZING THE EXECUTION OF AGREEMENTS PROVIDING
FINANCIAL ASSISTANCE FOR THE VARIOUS ARTS AND CULTURAL PROGRAMS; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez, and
Slavik voting "aye"; McComb absent at the time the vote was taken.
18. ORDINANCE NO. 18584
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF VICTOR E. BAUMLE BY CHANGING
THE ZONING MAP IN REFERENCE TO LOT 23, BLOCK A, MICHNA ADDITION, FROM "A-1"
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APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez, and
Slavik voting "aye"; McComb absent at the time the vote was taken.
19. FIRST READING
AMENDING SECTION 52-254, SCHEDULE V - INCREASE OF STATE SPEED LIMIT IN CERTAIN
ZONES, OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The foregoing ordinance was read for the first time and passed to second reading
by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy,
Mendez, and Slavik voting "aye"; McComb absent at the time the vote was taken.
20. ORDINANCE NO. 18585
AUTHORIZING A LEASE AGREEMENT WITH THE SEAMEN'S CENTER FOR A PORTION OF THE PARK
AND RECREATION BUILDING.
The foregoing ordinance was read for the third time and passed by the following
vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez, and Slavik
voting "aye"; McComb absent at the time the vote was taken.
21. ORDINANCE NO. 18586
AMENDING THE CORPUS CHRISTI URBAN TRANSPORTATION STUDY -1979 ADOPTED BY ORDINANCE
NO. 15181.
The foregoing ordinance was read for the third time and passed by the following
vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez, and Slavik
voting "aye"; McComb absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Jones noted that item 22, pertaining to the Ad Hoc Water Advisory
Commission, had already been acted upon earlier in the meeting.
* * * * * * * * * * * * *
Mayor Jones then called for consideration of the Ordinances from the
Regular Agenda on items 23 and 24.
Mayor Jones referred to Ordinance 23, which is the third reading of the
ordinance revising the water rates and referred to the discussion during the
morning workshop meeting as well as the motion made in regard to changing the
figures in the ordinance.
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Council Member Mendez stated that the concern was that the amount of money
needed was $2.5 million. He referred to alternative 1 which included different
rates for minimum users and made a motion that the minimum be increased from
$2.58 to $3.58 and that the next category for 4,000 gallons be set at $1.30.
Mayor Jones commented that the breakdown in the motion will encourage
conservation and the commercial rates will not be increased so drastically.
City Manager Martin agreed, stating that the users will share the increase
at the same rate that they are currently paying.
Council Member Guerrero stated that the industries were concerned about the
previous figures and hopefully they can live with these revised figures. He
inquired of the City Manager if this increase will take care of the City's
obligations for water supply for the next year, and Mr. Martin replied that this
increase will carry the City through the remainder of this year and for an
additional year. He stated that this would mean about a 5% increase next
August; however if water usage increases significantly, that increase would not
be necessary. He noted though that if conservation should be required next
summer similar to that of this year, that assumption would be correct.
**Council Member Guerrero stated that he would like to vote in favor of
Ordinances 23 and 24, but that he had to depart the meeting at this time.
Mayor Jones called for comments from the audience on the Ordinance
increasing the water rates.
Mr. J. E. O'Brien, 4130 Pompano, stated that he was speaking for the Corpus
Christi Taxpayer's Association. He stated that the Association had opposed any
increase in water rates during the first reading of this ordinance and their
opposition has not changed. He stated that according to the financial statement
for 1983, it was indicated that the City has in the Water Department $16.8
million and $3.7 million of that is unreserved funds. He stated that they are
not so sure that this additional money is needed. Mr. O'Brien provided other
figures, including the income that will be generated from the sale of water to
Three Rivers, which will provide additional income for the Water Department. He
then recommended delaying the third reading for 30 days to see the effect of the
8% Central Power & Light Company decrease.
Council Member Slavik inquired if this would actually have an effect on the
utilities, and City Manager Martin stated that it would.
Mr. Ronald McGee referred to articles in the newspaper in regard to the
rate increase and stated that the rate payer in this City is tired of reading
this in the paper and he was of the opinion that the surcharges are unnecessary.
He also referred to the uncommitted funds in the Water Fund and questioned the
need to increase rates again. He stated that he has complained for years about
the in -lieu of and franchise tax payments that are transferred from the
Utilities Department to the General Fund. He also questioned high salaries that
are paid to some City employees. He concluded his remarks by expressing that
the utility bills are too high already.
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Council Member Slavik asked the City Manager to explain the $3.7 million
surplus in the Water Fund in 1983.
City Manager Martin stated that this was discussed some time ago, but
explained again that in this budget there was a beginning balance in the Water
Fund of $1.9 million and some of those funds were placed in the water system as
a method of keeping water rates down. He stated that the Taxpayers Association
is recommending that the City spend that money that will be received from Three
Rivers as operating expenses, but the amount that could be saved only amounts to
about $2,000.
Mr. Hal Fessler, 5518 Kenneth, and speaking on behalf of industries, stated
that they are of the opinion that the additional funds are needed for the water
system and expressed appreciation for the efforts on the part of the City staff
to see that there is equity in the water rate increase. He stated that they
feel that the amended ordinance is equitable and they feel that wells should be
drilled to make water available in cases of emergency.
Mayor Jones reminded the members of the audience that everybody in the City
was urging the City Council to do something about the water shortage and this is
what was done -- wells were opened; new wells were drilled; and arrangements
were made to purchase water from the Navidad Water Authority as well as other
sources of obtaining water. He stated that the Council is of the opinion that
they must approve this ordinance to pay for all of those extra expenses.
Council Member Brown seconded Council Member Mendez' motion and it passed
unanimously.
City Secretary Read polled the Council for their vote on the third reading
of the ordinance increasing the water rates and it passed as follows:
23. ORDINANCE NO. 18587
AMENDING SECTION 55-50 OF THE CITY CODE OF ORDINANCES, 1976 REVISIONS AS AMENDED
BY ORDINANCES 17166 AND 18351, PASSED AND APPROVED JULY 28, 1982, AND JULY 24,
1984, RESPECTIVELY, BY AMENDING CERTAIN SCHEDULES THEREIN SO AS TO REVISE WATER
RATES FOR CUSTOMERS USING TREATED OR UNTREATED WATER.
The foregoing ordinance was read for the third time and passed by the following
vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik
voting "aye"; Guerrero, absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the following amendments to ground
lease agreement with Bayfront Associates:
a. The "Buildings shall contain approximately 80,000 to 100,000 square
feet of retail and commercial space" rather than the 150,000 square
feet now provided;
b. Delete from the available authorized uses therein the following:
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(1) "office space"
(2) "specialty furniture stores"
(3) "small shops of mall corridor type"
c. Reduce the authorized maximum height of the proposed structures from
three stories to two stores, that is "with first floor parking, and be
limited to a maximum structure of two stories".
d. Authorize the amending of the Corps of Engineers Permit whereby the
surface ground fill area will be approximately eight acres, rather
than the twelve acres currently pending before the Corps of Engineers;
and further authorize the redesign and submittal of the permit whereby
the design configuration will allow for an enhanced sailing fairway
within the marina, that is between the proposed fill and the
breakwater.
e. Authorize the amendment of the pending Corps of Engineers Permit
whereby construction of the proposed boat slips on the protected south
side of the Peoples Street T -Head can be commenced prior to February
18, 1985.
f. Amend the Ground Lease Agreement whereby an additional eighteen months
would be available if necessary to obtain the Corps of Engineers
permit required for the proposed landfill.
City Manager Martin reviewed the lease that was approved on first reading
on November 13, 1984. He explained that Bayfront Associates had sent a letter
to the City requesting that certain amendments be made to their lease and those
amendments included an 18 month extension for the commencement of the project.
He reviewed the amendments listed above and stated that the staff is concerned
about item "E" in regard to the proposed boat slips to be constructed on the
Peoples Street T -Head. He pointed out that if the project does not receive a
Corps of Engineers permit at any point, the City would end up with a private
party having the boat slips and stated that he would recommend to the Council
that the ordinance be amended to delete the amendment pertaining to the
construction of the proposed boat slips on the Peoples Street T -Head prior to
February 18, 1985.
Mayor Pro Tem Turner then made a motion that item "e" pertaining to the
amendment to the pending Corps of Engineers Permit in regard to the proposed
boat slips to be constructed on the Peoples Street T -Head be deleted. The
motion was seconded by Council Member Brown.
Council Member Kennedy inquired if that was the location where the City
could put boat slips, and City Manager Martin explained that the private
development of the boat slips would be different and if for some reason the
Corps of Engineers Permit was not issued, there was a question as to whether the
City would have the option to take over the boat slips. Council Member inquired
if for some reason the developers did not receive the Corps of Engineers Permit
if the City might have the option to take over the boat slips. He stated that
he felt that the boat slips are needed now and this would provide the mechanism
to build the slips.
*Deleted - See page 21
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Regular Council Meeting
December 4, 1984
Page 14
Council Member Berlanga expressed the opinion that amending the ordinance
is rather premature. He stated that he felt that the boat slips were part of
the landmass.
City Manager Martin explained that the developers are requesting that they
be allowed to construct the boat slips on the T -Head. He stated that the motion
is that the developer not be allowed to build the boat slips unless the Corps of
Engineers Permit is issued.
Council Member Slavik agreed to deleting item "e" because she objected to
the premature construction of the boat slips.
Council Member Kennedy stated that it is not premature to build the boat
slips because there is a need for them and he suggested that some mechanism be
devised for the City to take over the boat slips if the Corps of Engineers
Permit is not issued.
Mayor Jones stated that he will support the motion to amend the ordinance
because the felt that allowing for the installation of the boat slips prior to
the issuance of the permit complicates the entire issue.
Mayor Jones asked for a show of hands of those who were of the opinion that
this should be deleted. The indication was that seven Council Members would
vote in favor of amending the ordinance and Council Member Kennedy indicated
that he would vote no on the amendment.
Mayor Jones interjected that the Council and the members of the audience
are present to discuss Ordinance 24, which is an amendment to the contract of
the existing agreement. If the Council approves this ordinance, it means that
the existing contract will be amended, but if the ordinance is defeated, the
existing contract will still be in effect.
Assistant City Manager Utter pointed out that it would be a breach of
contract if the Council cancelled the contract and the developer could sue the
City. He pointed out that if the Council does not approve the extension and the
Corps of Engineers did not grant the permit, he did not believe that the City
would have any liability.
City Manager Martin agreed by stating that there is no cancellation
provision even though there was one until September 30, 1983 which was included
in the original agreement so that the new City Council could make the decision
on this agreement.
Council Member Slavik stated that she agrees with the deletion of the item
pertaining to the boat slips, but she would continue to call for a referendum on
the contract. She stated that most people would prefer to have a vote on this
issue. She stated that she still does not support buildings in the Bayfront but
she did feel that the downtown area should be supported. She stated that she
was working on plans that will be available in a few months for revitalizing the
downtown area.
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Regular Council Meeting
December 4, 1984
Page 15
Mayor Jones called for comments from the audience and asked that comments
be limited to the changes proposed on the Landmass agreement.
Mr. Lewis Perez expressed support of the Landmass and stated that many of
his friends did too. He stated that he felt that it would be nice if the
original size could be retained because he felt that this is something the City
really needs to attract tourists. He stated that he had a letter in favor of
the Landmass from residents of District 4. He explained that they feel that the
Landmass would be an addition to the community; they're in support of it; and
they're in support of the Council Members who are in favor of the Landmass
because it will provide jobs and money for the people of Corpus Christi. He
stated that on behalf of the residents of District 4 he indicated that they
would like to have a better representative who is in favor of City growth.
Mr. Bill Darby spoke in opposition to the Landmass. He stated that in
order to govern effectively, an administration must have the confidence of the
people and he was of the opinion that this administration has lost the
confidence of the people because he felt that the east side of Shoreline should
be the area designated for recreational activities. He also expressed the
opinion that any 40 -year lease should be approved by the voters. He reminded
the Council that there are several federal agencies that are very concerned
about the proposed Landmass, mentioning in particular Fish and Wildlife Service,
EPA, as well as the Flood Management Association. He stated that there is
logical and overwhelming opposition to the Landmass. He mentioned the other
areas of the City that need growth and development more than the Bayfront.
Mr. Leo Perez stated that he did not even know the Bayfront Associates and
expressed the opinion that they are out of town people. He questioned the need
for a Landmass in the Bay and the reason why it should be placed there since
other cities do not have anything like this. He also spoke in opposition to the
Barge Restaurants that utilize all of the existing parking spaces on the
existing landmasses. He mentioned other areas where similar projects could be
developed on existing land in the downtown area.
Mr. Galen Westwick, speaking for OPUS, expressed opposition to any
extension of time on this existing agreement. He also objected to starting any
work on the boat slips before the Corps of Engineers Permit is obtained. He
expressed the opinion that the changes proposed are so extensive that this is
actually a new contract and stated that the proposed changes do not address the
basic objections.
Mr. Gus Leija, 2001 Treyway Lane, stated that he is the past chairman of
the local GI Forum and he wants to reaffirm their opposition to the landmass.
He stated that the Bayfront belongs to the citizens, not to individuals. He too
pointed out that there are three federal agencies that are opposed to the
Landmass and questioned why the citizens' concerns are not being considered
because he felt that they should have a vote on what is to happen on the
Bayfront.
Mr. Ed Notzon, 715 Upper South Broadway, expressed opposition to the
Landmass. He stated that he felt that the issue would soon be resolved and
during that time he would hope that citizens could keep a sense of balance and
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Regular Council Meeting
December 4, 1984
Page 16
not attack personalities. He pointed out that there are fine people who are
opposed to the Landmass and there are fine people who are in favor of it. He
also complimented Council Member David Berlanga on the good job he is doing.
Mrs. Pat Duaine, 4909 Branscomb, stated that she was persuaded to come down
here one more time, but she was of the opinion this is a merry-go-round and
although she realizes that jobs are very important, she questioned whether the
construction jobs would really be available for local residents. She stated
that most of the citizens in this community are in favor of having this issue on
a referendum and on August 11 they asked for a referendum. She again urged that
this be considered.
Mr. Frank Hankins, 721 Crestview Drive, agreed with Mr. Notzon's views,
that people should not get mad at everyone else over this issue. He compared
this issue to that when the Convention Center was under consideration, at which
time a Landmass was considered for that structure. He pointed out that Corpus
Christi citizens do not like for anyone to tamper with the Bay.
Mr. Dean Banks, 225 Waverly, stated that the key to the entire issue is
item "f" of the proposed amendments which would extend the time limit 18 months
beyond February 18, 1985. He stated that if the extension is not granted, the
Landmass is dead and he feels that the wisest course would be for the Council to
allow this to happen. He pointed out that from the beginning, this Landmass met
with many obstacles. He did not believe that a Corps of Engineers Permit would
be forthcoming. He stated that he was of the opinion that a majority of the
people of Corpus Christi are opposed to the Landmass as well as several federal
agencies. He then mentioned the fact that Bayfront Associates has already lost
a lot of money on this project and asked Tom Utter for an estimate of the time
that City staff members have spent on this project. He pointed out that under
the existing laws of the Reinvestment Zone, the City staff is required to reveal
how much staff time has been spent on the Landmass.
Mrs. C. A. Gregg, 308 Katherine Drive, spoke in opposition to the Landmass
because it will interfere with the view and the sweep of the Bay.
Mr. Hank Snyder, 3632 Ocean Drive, commiserated with the Council for all of
the time they have devoted to this subject. He suggested that the Taxpayers
Association be sent to the Grand Cayman Islands where there are rio taxes. He
again referred to the Seaport Village in San Diego which is similar to the
proposed project and is very beautiful. He also reminded the Council that at
the time the T -Heads were constructed, an additional one was in the planning
stage and it was always the intention to construct another landmass at the same
location where this one is proposed.
Mr. Tom Matthews, 6014 Parkland, stated that he felt that the real issue
was one of economics and urged that some of the divisiveness be eliminated.
Mr. Gene Pennebaker, 902 Barracuda, pointed out that there are 620 boat
slips in the marina and about one-half of those were paid for with private
funds. He stated the project might not be successful without the boat slips for
income.
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Regular Council Meeting
December 4, 1984
Page 17
He stated that he approved of the amendment to delete the reference to the boat
slip from this amending ordinance.
Mr. Averill Carr, 358 Flato, urged that the 18 -month extension be denied.
Mr. Bill Holland, 4425 Cobblestone, stated that he is a representative of
the Support Our City group and they wanted to let the Council know that they
support the Council in the Landmass and the extension of the contract for 18
months. He reminded the Council that this is not the first group that has had
to have a contract extended.
Mr. Robert Earley, 7140 Premont Drive, a representative of the Hershey
Hotel, stated that he was also speaking as a citizen of this community. He
stated that the Hershey Association is very familiar with the plans for the
Landmass project and they are in total support of the project. He agreed that
obviously there may be some self-interest in their position, but in addition to
that, they're concerned about the tourism industry in the City. He stated that
someone had mentioned low paying jobs will be associated with the Landmass, but
those kind of jobs are needed to place people in positions if they have no jobs,
particularly young people who have just graduated from high school.
Mr. Ed P. Williams, 420 Dolphin, stated that he thinks that the Landmass
will be decided on its own merits. He urged that projects that are already in
the planning stage, such as Corpus Christi Beach, be implemented. He referred
to work that has started on the Furman Building which will improve the downtown
area. He stated that he agreed that additional boat slips should be constructed
and concurred with the statement made that there was another T -Head in the
planning stage several years ago, but he did not think the Landmass should be
constructed by Bayfront Associates.
Mrs. Kathy Stacy, 18311 Sea Horse, informed the Council that several years
ago she had paid a lot of money for a house on the water and she thinks that the
people who are opposed to the Landmass were also opposed to the development on
Padre Island and other projects. She pointed out that the downtown area is
dying and a project such as this will create interest in renovating the downtown
area.
Mrs. Susan Taft, 7201 Harrison, stated that she is speaking on behalf of
the Tourist Bureau and the Convention Center. She commended the developer who
has attempted to respond to the concerns expressed by some citizens by
requesting amendments to the original Landmass contract. She also commended the
City Council Members for their ongoing support of the project. She stated that
tourism is suffering somewhat right now, and they feel that the Landmass will
provide a needed impetus to get tourism improved.
Mr. Jack Talbet, 829 Egyptian, expressed opposition to extension of the
contract. He suggested that this ordinance not be approved and the original
contract be allowed to expire in February, following which the citizens would be
allowed to vote to approve bonds for this type of project.
Ms. Charla Long, 7122 Premont, #C202, stated that she wanted to point out
that since this project was started, the difference of opinion has progressed to
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Regular Council Meeting
December 4, 1984
Page 18
the point that the people involved are making absolute misstatements. She
mentioned that the Landmass would be an asset to the City and she hoped that the
Council approves this on second reading. She expressed the opinion that the
developers have responded in a very responsible manner to some objections to the
project and she felt that they had done so in good faith and intended to
construct this project in the manner they have indicated which will definitely
be an asset to the City.
Mr. John Neet, 449 Atlantic, stated that he felt that this reading should
be approved so the project can get started.
Mr. Tom Hunt, Sr., 75 Townhouse Lane, stated that evidently the mandate of
the people does not bother the Council Members. He pointed out that they are
responsible for the life and safety of the people of this City and then read the
FEMA opinion about the proposed Landmass. He stated that they are concerned
about the project as it relates to flood hazards. He urged that the amendments
be put to a vote of the people.
Mr. Joe Gardner, representing Bayfront Associates, stated that he would
like to address some of the remarks made. He pointed out that the response at
the public hearings has been 2 to 1 in favor of the project. He referred to the
remark made that Bayfront Associates is an out of town company and he assured
the Council and the members of the audience that he and the partners of Bayfront
Associates are all long-time residents of Corpus Christi who are vitally
interested in the City. He referred to the question of the FEMA regulations and
stated that the Executive Order speaks to the "practical alternative" and if
there is no practical alternative, the project can be established in a "V" zone.
He stated that it disturbs him that Mr. Hunt is threatening the Council with a
loss of homeporting if this is approved, because there is no basis for that
statement.
Mrs. Louis Volkner, expressed opposition to the Landmass because of the
damage that would be done during a hurricane.
Council Member McComb expressed appreciation to speakers on both sides of
the issue. He stated that in terms of some of the comments, he would like to
point out that the Council's decision today is on amendments to an existing
legal contract and whether they support the landmass or not, they are here to
approve these amendments only. He stated that the City has a legitimate
contract; the developers have asked for amendments; on August 3, 1984, Council
Member Slavik and he spoke to the Central Business District Association, and
during that session, Mrs. Slavik explained her major concerns about the
landmass, one, the size of the landmass, the size of the buildings, the types of
operations. He pointed out that at that time, she stated that other than those,
she had no objections to the Landmass. He pointed out that these objections
have been addressed with these amendments by the developer. He stated that from
a legal standpoint, the City has a legal document; the City Council frequently
approves amendments to contracts; and he felt that the Council was obligated to
respond to the amendments and he felt the concerns of the public could then be
met. Mr. McComb stated that another matter of concern to him is the statement
that if the Council does not put this to a referendum, that fact will have a
detrimental effect on the decision to locate homeport here. He stated that he
felt that the one thing that would turnoff the Navy would be the fact that this
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Regular Council Meeting
December 4, 1984
Page 19
City has a government by referendum. He expressed the opinion that it is very
important for people to know whether they can negotiate with City officials to
make agreements that are valid. He stated that he felt that the proposed
amendments are in the best interest of the community, except for allowing the
construction of the boat slips.
Council Member Slavik informed the Council that she worked on the RUDAT
Committee with the Chamber of Commerce as a volunteer on the downtown
revitalization, but nothing was ever done about it. She expressed the opinion
that the landmass is not the answer to the City's problems because buildings on
a landmass are wrong and they should be located in the downtown area. She
encouraged the Tourist Bureau and Industrial Development Commission to do
something to improve the downtown area. She informed the Council again that she
is doing something to improve the downtown area because property is available
downtown for redevelopment and she has been studying various possibilities
related to this. She assured the Council that she is not opposed to a fourth
T -Head for boat related activities, but she felt that it was wrong to place
buildings on a landmass and she still felt that she was right about the
Landmass.
Council Member Brown expressed appreciation to the citizens for taking a
stand on this matter. He stated that the City Council cannot go against a legal
contract that they have with Bayfront Associates because if they did, no one
would trust the City administration again and private investors would hesitate
to design projects for the City. He stated that the City Council is working to
revitalize the downtown area and mentioned in particular the renovation of the
Furman Building which would be started the next day. He stated that a
referendum on the amendments would not solve anything.
Mayor Jones expressed the opinion that this is a very complex issue. He
stated that Mrs. Charla Long, who is an attorney, pointed out that there have
been a lot of misstatements and he felt that this was true. He referred to the
recent poll conducted by Corpus Christi State University to which 353 people
responded and pointed out that a larger percentage expressed approval of the
Landmass than those who were opposed to it. He noted that the aquarium has not
even been mentioned during these discussions and he thought that that was one of
the most important issues. He stated that the aquarium still has a contract
with the City to be located on the T -Head and he felt that the Aquarium would be
very important to the City of Corpus Christi. He stated that he is in support
of this landmass because he feels that any jobs generated are needed, even if
they are minimum wage jobs and pointed out that the buildings proposed to be
constructed on the Landmass are necessary to generate income.
Mayor Pro Tem Turner recalled that she had moved to Corpus Christi in 1954
and felt that it was very beautiful and she was very happy to be here. She
stated that at that time the downtown was a vital part of the City. She related
the things that have happened during the five years she has been on the Council,
but expressed the opinion that there is more that needs to be done. She
mentioned the importance of the tourist industry. She stated that her only
concern in regard to the amendments was item "e" which would allow the
construction of the boat slips on the T -Heads and that is why she made the
motion to delete that item from the ordinance. She reminded the members of the
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Regular Council Meeting
December 4, 1984
Page 20
audience that the Council is not here to approved the Landmass today, because
the issue is whether the amendments should be approved to a legal contract that
is already in effect. She stated that she felt that the extension should be
granted until such time as the Corps of Engineers either approves or disapproves
the permit. She noted that the amendments are just to allow the Corps of
Engineers the time to respond. She stated that she has had the opportunity to
examine landmasses in other cities and if they are designed properly, there is
no question that they could help revitalize the community.
Council Member Berlanga stated that the issue in his opinion is whether the
Council has provided all of the citizens an opportunity to have input as to what
they think about the project. He pointed out that ever since the amendments
were proposed, he has been concerned because the ordinance would alter the
original contract. He stated that he felt that the Council should allow the
contract to run its course. He agreed that he had supported the Landmass
originally but he did not now, particularly because the federal agencies are
opposed to it.
Council Member Kennedy expressed the opinion that this is a good project;
he has always been in favor of it; the City needs more water oriented things for
people to do in Corpus Christi and he has seen similar projects in other cities
which have been very successful. He expressed the opinion that this will
provide additional boat slips which are needed very badly and is a good plan for
the public/private development. He stated that the changes proposed are very
positive ones and reminded the Council and the audience that every project on
the Bayfront has had to have an extension of their term.
Council Member Mendez expressed the opinion that the proposed changes
actually improve the existing contract and he felt that the jobs to be
generated, even though they are at entry level, will still help the people in
Corpus Christi. He pointed out that with all of the unemployed people in the
City, these jobs are definitely needed and are very important to our economy.
He pointed out that tourism is very important to this City and will continue to
be and he felt that the Landmass will help tourism. He stated that he supports
the Landmass and other public/private ventures.
Council Member McComb referred to the phrase in the ordinance authorizing
the amendments which states "not to exceed 100,000 square feet" is too vague.
Council Member McComb then made a motion that the language should say
"shall contain so many square feet, not to exceed 100,000 square feet".
Assistant City Attorney Jay Doegey read the amendment which already states
"the buildings would be approximately 90,000 square feet (80,000 to not more
than 100,000)". Mr. Utter pointed out that they could not build less than
80,000 square feet.
Council Member McComb suggested that his motion be amended to state
"buildings not to exceed 100,000 square feet".
Mr. Doegey stated that he would be uncomfortable with that if the developer
is not charged with buildings of a certain size.
.__.rotes
Regular Council Meeting
December 4, 1984
Page 21
Mayor Jones stated that he felt the attorneys should draft this.
Mr. Doegey continued by stating that the contract should change some basic
specifications and if the Council was uncomfortable with the minimum of 80,000
square feet, then it could be changed, but he definitely thought that the
approximate size of the project should be included in the ordinance.
Council Member Slavik departed the meeting because of an emergency.
Council Member McComb then withdrew his motion.
Council Member Berlanga departed the meeting at 6:19 p.m.
Mayor Jones called for the vote on the motion to delete item "e" and it
passed by the following vote: Jones, Turner, Brown, Kennedy, McComb, and Mendez
voting "aye"; Guerrero and Slavik absent at the time the vote was taken;
Berlanga absent from the room at the time the vote was taken.
City Secretary Read then called for the vote on the second reading of the
amended ordinance and it passed as follows:
24. SECOND READING
AMENDING EXHIBIT "A" OF ORDINANCE 17753 PASSED AND APPROVED BY THE CITY COUNCIL
ON AUGUST 3, 1983, REDUCING THE MAXIMUM AUTHORIZED HEIGHT OF STRUCTURES,
REDUCING THE AMOUNT OF SURFACE GROUND FILL AREA AND ALLOWING AMENDMENT OF THE
PENDING CORPS OF ENGINEER PERMIT APPLICATION.
The foregoing ordinance was read for the second time and passed to third reading
by the following vote: Jones, Turner, Brown, Kennedy, McComb, and Mendez voting
"aye"; Berlanga, Guerrero, and Slavik absent at the time the vote was taken.
City Secretary Read informed the Council that two of the absent Council
Members had requested that their votes be recorded and had indicated to him the
way they wished to vote. He asked for the Council's opinion and it was
determined that Council Members who are absent from the room at the time the
vote is taken should not be allowed to have their votes recorded.
Council Member Berlanga returned to the meeting at 6:25 p.m.
Mayor Jones called for a ten minute recess at that time.
* * * * * * * * * * * * *
Mayor Jones reconvened the Regular Council Meeting at 6:35 p.m.
Council Member Berlanga apologized because he was not in the room at the
time the vote was taken on the ordinance but he had an emergency.
* * * * * * * * * * * * *
Mayor Jones announced the public hearings on three zoning applications.
. _. utes
Regular Council Meeting
December 4, 1984
Page 22
25. Amendment to the Zoning Ordinance to reduce the parking requirements for
marinas which is the result of research and a survey of marina operations
around the country.
Recommendation of the Planning Commission and Staff: That it be approved.
Assistant City Manager Tom Utter stated that he is recommending that the
hearing be opened and the Council discuss this amendment but he would like to
recommend that the ordinance not be passed today because of the necessity to
further consider the number of parking spaces that should be required per boat
slip. Mr. Utter explained that the staff is reviewing the entire Marina on
various waterways in Corpus Christi and the decision had been made that they
should examine the Marina parking requirements. He informed the Council that
this has been discussed with other cities about adequate parking to serve boat
slips and 47% of the cities and marinas contacted had no requirements
whatsoever. He explained that the existing zoning ordinance requires one
parking space per boat slip and the staff has found that to be far excessive.
He referred to his memorandum and stated that it suggested that consideration be
given to one-half a parking space per boat slip or .25% parking space for dry
dock, but for restaurants, etc., the normal parking requirements according to
the zoning ordinance would be required. He explained that the Marina Board had
recommended .5% parking space per boat slip but the staff feels that more work
should be done on this before an ordinance is passed. He expressed the opinion
that the proposal is for 3 parking spaces per five boat slips but the staff
feels the ordinance should be more comprehensive to take into consideration
large pleasure boats.
Mr. Gene Pennebaker stated that he has no problem with this because he
thinks it is a good idea for the Marina in general. He stated that no one seems
to know how many parking spaces the Marina has, but he thinks they have
approximately 950 spaces to take care of the boat owners, restaurants, etc. He
recommended that the Marina be divided into categories to define how many
parkings spaces should be allowed for boat slips and other uses that are in
existence.
No one else spoke in regard to this zoning application.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Kennedy and passed unanimously.
Mr. Utter stated that he would like to withdraw the ordinance approving the
zoning which will be brought forward at a later date.
* * * * * * * * * * * * *
26. Amendment to the Zoning Ordinance creating a new zoning district, "R-TH"
Residential Townhouse District. One of the purposes of this district is to
provide affordable housing by incorporating the zero lot line concept on
both side lot lines which will provide more housing units per acre, which
is not now provided for in the Zoning Ordinance.
_ _. utes
Regular Council Meeting
December 4, 1984
Page 23
Mr. Utter recalled that several Council Members have indicated a desire to
help provide affordable houses and one of the things that needs to be done to
accomplish this is to reduce the land cost; therefore, the staff recommends a
new zoning district called "R-TH" which allows for the use of zero lot lines.
He stated that the Planning Commission recommends approval and the developers
are in favor of it.
Mr. Larry Wenger, Director of Planning, explained that the proposed zoning
district creates a townhouse type of district which would allow a builder to
construct two units with dividing walls and the owners would purchase a lot on
which one wall would be the property line. He explained that the idea is to
develop these on minor streets because two units would share a common driveway.
He explained that the lot could be reduced to 3,300 square feet, provided they
use the alley for access. He explained some of the other characteristics for
the new zoning district and stated that there will be some landscaping
requirements, including a specific number of trees and shrubs for so many feet.
He explained that the staff will also require a visual triangle to allow
people to back out of garages and some type of ground cover will be required as
well. He explained that this will allow 12.1 housing units per acre. He
further explained that in order to prevent the developer from selling individual
lots under this zoning, the ordinance will require that one developer will
construct all of the units.
Mr. Utter explained that this ordinance could be used to help in older
subdivisions in which three or four lots remain which have not been developed.
Mayor Pro Tem Turner inquired about he possibility of some type of zoning
between "R-2" and "A-1" and Mr. Utter replied that the staff is still studying
this.
No one spoke in regard to this zoning application.
A motion was made by Council Member Kennedy that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
City Secretary Read polled the Council for their vote on the ordinance
effecting the zoning change and it passed as follows:
ORDINANCE NO.18588
AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 3, DEFINITIONS; ADDING A NEW
ARTICLE 6B, "R-TH" TOWNHOUSE DWELLING DISTRICT REGULATIONS; AND AMENDING ARTICLE
24, HEIGHT, AREA, AND BULK REQUIREMENTS TO CREATE A NEW ZONING DISTRICT; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, and Mendez
voting "aye"; Guerrero and Slavik absent.
* * * * * * * * * * * * *
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Regular Council Meeting
December 4, 1984
Page 24
26. Amendment to the Platting Ordinance, Section IV, Design Standards,
Subsection E, Lots, Paragraph 2 (a) and (b) to change the 35' minimum lot
width to a 30' width, and from a 4,500 square foot lot area to a 3,300
square foot lot area and adding a new subsection as Subsection I. Zero Lot
Line Division to require that when a developer utilizes the zero lot line
concept, a symbol be placed on the final plat of each lot to indicate which
lot line will be designated zero.
Mr. Utter explained that this is just to approve another ordinance to allow
an amendment to the Platting Ordinance to make the "R-TH" zoning comply with the
Zoning Ordinance.
No one spoke in regard to this zoning application.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
City Secretary Read polled the Council
it passed as follows:
ORDINANCE N0.18589
AMENDING THE PLATTING ORDINANCE,
LOTS, PARAGRAPH 2 (a) AND (b);
EMERGENCY.
for their vote on the ordinance and
SECTION IV, DESIGN STANDARDS, SUBSECTION E,
ADDING A NEW SUBSECTION I; AND DECLARING AN
The Charter Rule was suspended and the
following vote: Jones, Turner, Berlanga,
voting "aye"; Guerrero and Slavik absent.
foregoing ordinance passed by the
Brown, Kennedy, McComb, and Mendez
* * * * * * * * * * * * *
Council Member Berlanga stated that he had spoken with Mr. Juan Gussonni
who wants to send the King of Spain a photograph of the bust of De Pineda. He
explained that the King of Spain is planning a trip to this area in the near
future and Mr. Gussonni wants to make this gesture to assure the King that he is
welcome here.
Mayor Jones suggested that Margaret Wead of Information Services provide
the picture and the Council could autograph it and send it to the King of Spain.
There being no further business to come before the Council, on motion by
Council Member Mendez, seconded by Council Member Kennedy and passed
unanimously, the Regular Council Meeting was adjourned at 7:05 p.m.,
December 4, 1984.
DZ/tkd