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HomeMy WebLinkAboutMinutes City Council - 03/05/1985MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 5, 1985 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner * Council Members: David Berlanga Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik City Manager Edward A. Martin City Attorney J. Bruce Aycock Acting City Secretary Dorothy Zahn Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Frank Mendez in the absence of the invited minister, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member David Berlanga. Acting City Secretary Dorothy Zahn called the roll of the Council and the required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Council Member Mendez that the Minutes of the Special Council Meetings of February 23 and February 28, 1985, and the Regular Council Meeting of February 26, 1985 be approved as presented; seconded by Council Member Welder Brown; and passed unanimously. * * * * * * * * * Mayor Pro Tem Turner arrived at the meeting at 2:18 p.m. MICROFILMED Minutes Regular Council Meeting March 5, 1985 Page 2 Mayor Jones next presented retirement plaques to the following employees: Employee: Mr. Mr. Mr. Mr. Mr. Jesus R. Rivera Efrain A. Mejia Joe C. Perez Milton G. Hagens Fabian Gonzalez Department: Fire Fire Fire Fire Street Position Years of Service Firefighter II Firefighter Firefighter Firefighter Il Equipment Operator III 28 25 26 24 30 Mayor Jones administered the oath to Mr. Richard Valent, a newly appointed member to the Senior Community Services Advisory Commission. Mayor Jones called for consideration of the following item from the supplemental agenda: 1. Confirming the appointment by the City Manager of Jeryl D. Funderburk to the position of Director of Aviation. A motion was made by Mayor Pro Tem Turner that the foregoing item be approved, seconded by Council Member Slavik and passed unanimously. Acting City Secretary Dorothy Zahn polled the Council for their vote on the resolution and it passed as follows: RESOLUTION NO. 18724: CONFIRMING THE APPOINTMENT BY THE CITY MANAGER, PURSUANT TO THE CITY CHARTER, ARTICLE III, SECTION 3, OF JERYL D. FUNDERBURK; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution passed by the following vote: Jones, Turner, Berlanga, Brown, McComb, Mendez and Slavik voting, "Aye"; Guerrero and Kennedy, absent at the time the vote was taken. Mayor Jones called for Board and Committee appointments and reviewed those discussed during the morning Workshop Meeting. A motion was made by Mayor Pro Tem Turner that the following appointments be confirmed, seconded by Council Member Mendez and passed unanimously. a. Marina Board: Term to Expire: Hank Snyder (Reappointed) Quenten Cook (Reappointed) Sam Allen (Reappointed) 2-28-87 2-28-87 2-28-87 Utes regular Council Meeting March 5, 1985 Page 3 b. Planning Commission: Mary Rhodes 7-31-85 * * * * * * * Mayor Jones called for consideration of the resolution commending Central Power and Light Company for their actions in prohibiting the burning of PCB's at the Lon C. Hill Plant listed on the supplemental agenda. A motion was made by Council Member Mendez that the following resolution be adopted, seconded by Council Member Slavik and passed unanimously. Acting City Secretary Zahn polled the Council for their vote on the resolution and it passed as follows: RESOLUTION NO. 18725: COMMENDING CENTRAL POWER AND LIGHT COMPANY FOR ITS DECISION NOT TO BURN PCBs WITHIN THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution passed by the following vote: Jones, Turner, Berlanga, Brown, McComb, Mendez and Slavik voting, "Aye"; Guerrero and Kennedy, absent at the time the vote was taken. Mayor Jones then called for consideration of the Consent Motions on the following items: 1. Approval of specifications and authorization to receive bids March 27, 1985, for a twelve months supply agreement with option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for blueprint service for various City departments. The estimated cost is $24,000. 2. Authorizing the City Manager, or his designee, to execute a contract with Bechtol, Hoffpauir & Ehrler, Inc. of Austin, Texas, to analyze the Oso Beach Municipal Golf Course and the Gabe Lozano, Sr. Golf Course, including ground improvements, management, and long range conceptual development plans. Minutes Regular Council Meeting March 5, 1985 Page 4 3. Plans and specifications be approved and bids be received on March 27, 1985, for the relocation of a fence along Saratoga Boulevard abutting the U. S. Navy's property at Cabaniss Field. The Navy has dedicated a 10 feet wide by 3,500 feet long strip of land at the City's request for the Saratoga Boulevard reconstruction project. The City is required to move the existing chain link fence at Cabaniss Field from its present location to the new right-of-way line as a result of the dedication. Council Member McComb inquired if the $40,000 for the relocation work of the fence is the Staff's estimate. Assistant City Manager Lontos explained that it was, and that the City will receive bids on this project. He explained that the fence is 3,500 feet long; it will be removed, relocated and replaced; and that it may be a lot less than the projected amount. Council Member Mendez agreed with Mr. McComb that the $40,000 seemed quite expensive and inquired if the Staff had inspected the fence for reusable purposes. Assistant City Manager Lontos informed the Council that a lot of the posts are in relatively good condition and that further inspection would be made to see how much can be reused. Council Member Berlanga inquired if the Staff would specify using a new fence, and Mr. Lontos replied that he has no problem with placing an alternative for a new fence in the specifications. Council Member Berlanga expressed the opinion that it might be cheaper to use a bulldozer and tear the fence down, and City Manager Martin stated that this is a good point, adding that the type of removal will affect the cost. 4. Change Order No. 2 in the amount of $7,562 to the J & J Insulation and Acoustics, Inc. contract at the Convention Center be approved. This change order provides for the installation of an additional 8,400 square feet of sprayed cellulose fiber insulation at the corners of the Exhibit Hall and under the wings to improve acoustics in these areas. 5. Authorizing acquisition for $875 of a parcel (#37) on Purdue Road for the Purdue Road Street Improvements, Phase I Project. Exxon Corporation had previously dedicated an easement for this acquisition but another easement is being acquired from Nancy J. Ulbrich, et al, because of a reversionary interest in the property. Council Member Brown referred to the acquisition amount of $875 and inquired if this was a misprint since it seemed to be a relatively small amount for this parcel. lutes 3ular Council Meeting March 5, 1985 Page 5 City Manager Martin agreed that it is relatively cheap but informed the Council that this is a small right-of-way and it is about the same price the City has been paying for this type of easement. Mayor Jones inquired as to when this project would be complete. Assistant City Manager Lontos informed the Council that there are still four or five parcels to be acquired before the Staff submits the plans to the Council. 6. A public hearing be scheduled for March 19, 1985, on the closure request of a 20 foot wide alley in Block 73, Brooklyn Addition. This alley, located on Corpus Christi Beach, is not open on the ground and the request to close the alley was made because of plans to develop a strip shopping center. 7. Reaffirming the City's continued participation in all telecommunications rate cases before the Public Utility Commission of Texas in cooperation with other Texas Municipal League cities. There is no financial obligation incurred by this action. 8. The Furman School Area Street Improvement, Phase I project be accepted and final payment of $116,611.19 be authorized to King Construction Company. The total cost of this 8th Year Community Development Block Grant project is $979,287.79. Mayor Jones called for comments on items 1 through 8, and there was no response. A motion was made by Mayor Pro Tem Turner that Consent Motions 1 through 8 be approved, seconded by Council Member Berlanga, and passed unanimously. * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 9 through 22. Council Member Mendez referred to Ordinance No. 14 in regard to closing the public hearing and adopting the assessment roll on the Wildcat Drive/Teague Lane Street and stated that at the time of the public hearing, it was discussed that the owners were to pay 112 times the prevailing assessment rate when the work was performed and inquired if this would also apply to the people across the street of the property. Assistant City Manager Lontos replied that it would not. He explained that when the shopping center was annexed, it was agreed through contract that the owners were to pay the 11 times the lower rate. Minutes Regular Council Meeting March 5, 1985 Page 6 Council Member. Slavik referred to Ordinance No. 17, item b, as it pertains to approving the final change orders Number 12 and 14 in connection with the Broadway Wastewater Treatment Plant Stage II project, noting that the contractor is not being charged any liquidated damages, and asked that Mr. Lontos explain. Assistant City Manager Lontos informed the Council that the contractor had experienced problems while performing the work. He explained that the contract work was somewhat complicated by additional requirements for sludge removal from the existing plant units, when the contractor was prevented from disposing of sludge in the City's drying beds as had been provided in the contract and because of the removal of concrete structures found while the contractor was attempting to connect the new lines to the existing system. Mr. Lontos stated the engineers determined that the contractor experienced unavoidable delays; and therefore, the engineers recommended that they not be assessed any liquidated damages. Council Member Berlanga referred to Ordinance No. 13 which pertains to the contract to be awarded to A. Ortiz Construction and Paving Company for the Riverview Trail Street Improvement project and inquired if the figure in the amount of $147,923.90 was for the contract and the $160,000 to be appropriated from the Street Bond Fund is for part of said contract, and City Manager Martin replied that the amount of $147,923.90 is part of the $160,000 which includes engineering and contingencies. Council Member Berlanga then referred to Ordinance No. 16 which awards the contract to The Lerma Company in the amount of 534,086.05 for the Los Encinos Park Improvements project and inquired if Mr. Lerma is performing the work on the parks separately. City Manager Martin explained that this is a separate project from the park improvements project previously awarded. He explained further that each project has a certain of amount time allowed and that the City does not provide allowances just because a contractor has a lot of work with the City. ** Council Member Leo Guerrero arrived at the meeting at 2:40 p.m. Council Member McComb also referred to Ordinance No. 16 and inquired when the bids were received on this project. Assistant City Manager Lontos informed the Council that these bids were not opened before the Council; they were opened by the Staff from the City's Engineering Department, and that they were legally advertised. Council Member McComb inquired if Mr. Lerma has commenced work on the other project, and Mr. Lontos informed the Council that he should start work on the other project soon. lutes .gular Council Meeting March 5, 1985 Page 7 Council Member McComb questioned the Staff's recommendation on this project since the Staff had recommended against the previous project to Mr. Lerma due to their past experience. City Manager Martin explained that the Council had made the determination that Mr. Lerma could perform the work and that the Staff sees no reason to continue to pursue the matter. Mr. Martin stated that the Staff would have recommended this contract rather than the other one because Mr. Lerma could very easily handle a smaller job like this. He expressed the opinion that it will be very difficult for Mr. Lerma to manage the larger project and this additional project. Mayor Jones commented that this is a separate project and that it is the obvious feeling of the Staff that the Council has made a determination and expressed the opinion that the Council should move forward and approve the Staff's recommendation. Council Member Mendez agreed with Mayor Jones' remarks, adding that if the Staff found that there is a problem with this additional contract, that the Council be informed. Council Member McComb inquired if a requirement existed in that before Mr. Lerma completes a a job that he does not start with the second project, and Mr. Lontos replied that there was no requirement to that effect. Mayor Pro Tem Turner inquired of Mr. Lontos if he had any knowledge as to who the subcontractors for Mr. Lerma were on the original contract, and Mr. Lontos replied that he did not but that he could investigate this and provide the Council with that information. Mayor Pro Tem Turner then inquired about certain prequalifications for bidders. City Manager Martin explained that this would not be necessary as long as the City Staff has the right to recommend that the bid award not be to the low bidder because of poor performance. He stated that many of the City's low bidders walk off the job but the usual thing is that the City provides an opportunity for new companies. He expressed the opinion that if a prequalification system were to be set, the City would have people arguing that they have been excluded. He concluded by stating that several new contractors have been provided opportunities on contracts that otherwise would not have received. Council Member Berlanga stated that he felt the Council should go with the Staff's recommendation but suggested that all contractors be monitored. Council Member Slavik referred to Ordinance No. 21, approving a contract between the City of Corpus Christi and the Del Mar Neighborhood Association, and inquired about the amount remaining in the Unrestricted Park Trust Fund, and Assistant City Manager Utter replied that it is about $47,000 after this contract. Minutes Regular Council Meeting March 5, 1985 Page 8 Council Member Berlanga inquired if the Del Mar Neighborhood Association plans to landscape the median on Santa Fe. Assistant City Manager Utter displayed the location of the area on a transparency and explained the City's participation in the project. Council Member Berlanga noted that a bus stop will be installed and inquired if the City required the sidewalk. Mr. Utter explained that this is a proposal by Mr. Malcom Matthews of the Park and Recreation Department who has been working with the Del Mar Neighborhood Association; the Association will complete the project by installation of irrigation sprinklers; and that the City will provide the bus stop and additional planting. Mayor Jones noted that Ms. Janet Rice, President of the Del Mar Neighborhood Association, was present and asked that she comment on this. Ms. Rice stated the Association has been working with the Park and Recreation Department. She stated that several members of the Association had attended the Park Board meeting and the agreement was that the Association do the landscaping and maintain the median; the City is to remove the asphalt, place a fill on the triangle, and install a water connection. She stated that the Association was told that the City could probably construct the sidewalk. Ms. Rice stated that she has discussed this with the City Staff and that the Staff has informed her that they could probably work this out. She further stated that today, she was informed that the bus stop has been moved to the opposite corner of the triangle, and expressed the opinion that it should be the City's responsibility to place the sidewalk to insure the citizens' safety. Ms. Rice concluded by requesting that the installation of the sidewalk and the location of the bus stop he resolved. City Manager Martin suggested that this be delayed until the City has had time to work out the design issue. Council Member Berlanga inquired of Assistant City Manager Utter if funds are available in the Parks Department or the Street Department to pay for the sidewalk. He stated that he felt that the street is the City's obligation. x*• Council Member Kennedy arrived at 2:45 p.m. City Manager Martin informed the Council that asphalt and paved curbs already exist there, and that in essence, sidewalks already exist there too; and added that it was his understanding that the city was to tear out the pavement. He again suggested that this item be withdrawn until further review. A motion was made by Mayor Pro Tem Turner that item 21 be withdrawn from consideration, seconded by Council Member Slavik and passed unanimously. Lutes _.tgular Council Meeting March 5, 1985 Page 9 Council Member Mendez referred to Ordinance No. 19 which pertains to an appropriation to cover the cost of utility easement acquisition and inquired where the hook-up would lead to. Assistant City Manager Lontos informed the Council that the sanitary sewer will be constructed in the easements south of Kingsbury Drive into Turkey Creek and across through West Guth across IH 37 to the Allison Treatment Plant. Mayor Jones called for comments from the audience on Ordinances No. 9 through 22, with the exception of Ordinance No. 21 which had been withdrawn. Mr. Steve Kirby, 7218 South Padre Island Drive, referred to Ordinance No. 22 which is the second reading of the ordinance which amends Chapter 38, Peddlers, Solicitors and Itinerant Vendors, and stated that he has met with Mr. Gary Patterson, Attorney for the City of Corpus Christi, and stated that he is in favor of this ordinance, however, he had two points that he would like to clarify. (1) Section 38-9, Permit Fees - the fee would be $75 for a 30 -day increment. Mr. Kirby stated that this would be difficult because it would cost his company $975 to $1275 per month just for permit fees. He stated that his company is a Chartered Texas company; they are nationwide; and they wish to move to Corpus Christi but stated that that fee is three times higher than most cities in the State of Texas. Assistant City Manager Utter informed the Council that the $75 fee was the fee the Staff felt should be charged per month. Mr. Utter further explained that the City is not requiring any percentage of gross; the Staff is including the cost of administering the permit and for enforcement of the ordinance; the $75 fee is the highest, noting that the fee in the City of Dallas is $50; but that it is not three times higher than other cities in Texas. He stated that it is his understanding that other cities are considering raising fees. Council Member Brown inquired of Mr. Kirby if he had any vehicles operating in the City of Corpus Christi, and Mr. Kirby replied that they have thirteen vehicles permitted with the Health Department and that they plan to operate three more vehicles. Mr. Kirby stated that they are an ice-cream company and suggested that an annual permit would be more reasonable than the monthly fee. Mayor Pro Tem Turner expressed the opinion that the City needs to charge some fee that is competitive. Mrs. Turner then asked Assistant City Manager Utter if there had ever been a case by which a permit is awarded to companies which in turn can authorize the number of vehicles. Assistant City Manager Utter informed the Council that the City has had permit procedures for some time without strict enforcement, adding that the Staff does plan strict enforcement. Minutes Regular Council Meeting March 5, 1985 Page 10 City Manager Martin commented that there is no reason why the Staff could not provide a flat fee atso much per vehicle to handle the enforcement, adding that there should be a provision for a yearly permit at a discount. Mr. Martin suggested that the Staff could come back with a recommendation, prior to third reading, with an annual permit rate. Mr. Kirby noted that the ordinance does not address to safety and stated that he would like for the ordinance to include safety features such as the use of safety equipment, that the driver be duly licensed to operate in the City, safety programs he included, etc. Council Member Kennedy suggested that a requirement of an annual inspection sticker with the same color as that of the monthly permit with the number indicating the permit expiration and requiring the permit be displayed on the windshield. Gary Patterson, Attorney, explained that displaying the permit on the windshield is one of the requirements at this time. He reported that as far as safety provisions, there are a number of provisions that apply to the vendors; there are additional safety provisions that could be included in the ordinance; and that the Staff would have no objection to this. Council Member Slavik suggested that this ordinance be further examined by the Legal Department. Mayor Jones suggested that this ordinance be passed on second reading with the understanding that it he amended prior to third reading. A motion was made by Council Member Brown that the ordinance be amended prior to third reading, and the Council indicated their concurrence. Mr. Kirby referred to daylight only hours mentioned in the ordinance and pointed out that it gets dark about five or six in the evening and this will adversely affect the business of his vendors. He suggested that they be allowed to operate until. 9 or 9:30 p.m. City Manager Martin explained that this was placed on the ordinance for safety purposes; these vendors are operating on public streets; the Staff finds it unreasonable to allow these vendors to operate after dark because of children running out in the dark to purchase from the truck. There were no further comments from the audience on ordinances. Acting City Secretary Zahn pointed out to the Council that the 20% was in effect on Ordinance No. 20 which pertains to the granting of a special permit for Lots 1 and 2, Delwood Addition No. 3, and that it would require seven affirmative votes to pass. rotes ..egular Council Meeting March 5, 1985 Page 11 A motion was made by Council Member Mendez that Ordinance No. 20 be voted upon separately, seconded by Council Member Berlanga and passed unanimously. Acting City Secretary Zahn polled the Council for their vote on Ordinances No. 9 through 22, Ordinance No. 20 having been delayed, and Ordinance No. 21 having been withdrawn, and the following were passed: 9. NO. 18726: AMENDING ORDINANCE NO. 17909 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Furman School Area Phase I a. South Alameda Street, from Morgan Avenue to Agnes Street, b. Tenth Street, from Craig Street to Mary Street, c. Buford, Hancock, Coleman, Mary and Marguerite Streets, from Tenth Street to South Staples Street, d. Park Street, from South Alameda to South Staples Street, and e. Morris Street from Tenth Street to Alameda Street; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance 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. 10. ORDINANCE NO. 18727: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 3 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $40,474; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance 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. 11. ORDINANCE NO. 18728: APPROPRIATING $114,826.00 TO REIMBURSE N. O. SIMMONS FOR THE INSTALLATION OF WATER GRID MAIN AND SANITARY SEWER TRUNK LINE; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting March 5, 1985 Page 12 The Charter rule was suspended and the foregoing ordinance 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. 12. ORDINANCE NO. 18729: CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: River View Trail, from Smith Drive to River Forest Drive; AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT AND ADOPTING AN ASSESSMENT ROLL; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance 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. 13. ORDINANCE NO. 18730: AUTHORIZING THF: EXECUJTION OF A CONTRACT WITH A. ORTIZ CONSTRUCTION AND PAVING FOR RIVERVIEW TRAIL STREET IMPROVEMENTS; APPROPRIATING $160,000; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance 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. 14. ORDINANCE NO. 18731: CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: a. Wildcat Drive, from F.M. 624 to Teague Lane, and b. Teague Lane, from Wildcat DRive to Calallen Drive, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT AND ADOPTING AN ASSESSMENT ROLL; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance 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. 15. ORDINANCE NO. 18732: AUTHORIZING THE EXECUTION OF A CONTRACT WITH HELDENFELS BROTHERS, INC. FOR THE WIDENING AND RECONSTRUCTION OF WILDCAT DRIVE AND TEAGUE LANE; APPROPRIATING $395,000; AND DECLARING AN EMERGENCY. lutes ..egular Council Meeting March 5, 1985 Page 13 The Charter rule was suspended and the foregoing ordinance 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. 16. ORDINANCE NO. 18733: AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE LERMA COMPANY FOR INSTALLATION OF A GAZEBO, PICNIC TABLES AND BARBEQUE PITS AND TO THE CONSTRUCTION OF A CONCRETE SIDEWALK THROUGH LOS ENCINOS PARK; APPROPRIATING $42,000; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance 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. 17. ORDINANCE NO. 18734: AUTHORIZING THE EXECUTION OF CHANGE ORDER NOS. 12 AND 14 TO THE CONSTRUCTION CONTRACT WITH W. T. YOUNG COMPANY FOR THE REHABILITATION OF THE BROADWAY WASTEWATER TREATMENT PLANT AND AUTHORIZING FINAL PAYMENT ON THE CONTRACT OF $79,019.72; AMENDING THE ENGINEERING CONTRACT WITH ETHERIDGE ENGINEERING, INC. TO INCREASE THE RESIDENT INSPECTION SERVICES FEE FROM $40,000 TO $70,500; APPROPRIATING $101,500; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance 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. 18. ORDINANCE NO. 18735: APPROPRIATING $167,958.37 TO REIMBURSE THE GAS FUND FOR THE RELOCATION OF GAS LINES AND SERVICES RENDERED TO THE GEORGE EVANS STREET DEVELOPMENT PROJECTS; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance 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. 19. ORDINANCE NO. 18736: APPROPRIATING $1,125 TO COVER COST OF UTILITY EASEMENT ACQUISITION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance 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. 20. (This Ordinance was temporarily delayed.) Minutes Regular Council Meeting March 5, 1985 Page 14 21. (This Ordinance was withdrawn -- See page 8) 22. SECOND READING: AMENDING CHAPTER 38, PEDDLERS, SOLICITORS AND ITINERANT VENDORS, OF THE CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI, TEXAS: PROVIDING FOR THE PERMITTING, REGISTRATION AND REGULATION OF VENDORS, PEDDLERS, ITINERANT MERCHANTS AND COMMERCIAL SOLICITORS; PROVIDING FOR THE AMENDMENT OR REPEAL OF CONFLICTING PROVIDIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, absent at the time the vote was taken. A motion was made by Council Member Mendez that Ordinance No. 20 be approved in accordance with the revised site plan, seconded by Mayor Pro Tem Turner and passed unanimously. Acting City Secretary Zahn polled the Council for their vote on the ordinance and it passed as follows: 20. ORDINANCE NO. 18737: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CORPUS CHRISTI TELCO CREDIT UNION BY GRANTING A REVISED SPECIAL PERMIT ON LOTS 1 AND 2, DELWOOD NO. 3 FOR A CREDIT UNION; AND DECLARING AN EMERGENCY. The Charter rule was suspended andthe foregoing ordinance 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 Pro Tem Turner stated that she would like to make a motion to recognize Warren and Sue Rees for their contribution of the Brown Pelicans Sculpture, El Circo del Mar by Buddy Tatum, which was dedicated at noon that day on the circular median at Shoreline and Twigg, seconded by Council Member Slavik and passed unanimously. Mayor Jones then called for Action by Motion from the Regular Agenda on the following items: utes ..egular Council Meeting March 5, 1985 Page 15 23. The waiver of the sanitary sewer lot/acreage fee of $43,513.60 for Chaparosa Park Unit 2 be denied. This 67.99 acre tract of land approximately two miles south of the Five Points Area near Highway 77 is being platted, and although it is outside the City limits, it is within the extraterritorial jurisdiction of the City. City Manager Martin stated that he would like to withdraw this item from consideration for one week. 24. Amending the ordinance prohibiting the parking of heavy vehicles in residential neighborhoods, prior to second reading, to exempt all travel trailers attached to a motor vehicle capable of moving such trailer, recreational vehicles, and publicly owned or franchised vehicles required by municipal, state or publicly franchised utility departments making utility service repairs. Council Member Berlanga inquired if boats would be exempted, and Mr. Tom Stewart, Director of Transportation, informed the Council that it is against the law to store boats on streets and that in fact, it was against the law to have any trailer that is not attached to a motor vehicle. There were no further comments from the Council or the audience on the foregoing item. A motion was made by Council Member Slavik that item 24 be amended, prior to second reading; seconded by Council Member Brown and passed by the following vote: Jones, Turner, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Guerrero, absent at the time the vote was taken. Mayor Jones called for consideration of the Ordinance from the Regular Agenda. There were no comments on this ordinance. Acting City Secretary Zahn polled the Council for their vote and the following ordinance was approved. 25. SECOND READING: AMENDING CHAPTER 53, TRAFFIC, BY AMENDING SECTION 53-100, CERTAIN TRUCKS, TRAILERS AND OTHER LARGE VEHICLES RESTRICTED TO THROUGH STREETS, AND SECTION 53-251, SCHEDULE II, THROUGH STREETS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Guerrero, absent at the time the vote was taken. Minutes Regular Council Meeting March 5, 1985 Page 16 * * * * * * Council Member Kennedy departed the Council Meeting at this time. Mayor Jones announced the public hearing on four zoning applications. 26. Application No. 285-2, Mary McLeod Bethune Day Nursery, Inc.: For a change in zoning from "A-2" Apartment House District to "AB" Professional Office District on Lots 2 and 3, Block 3, Paul Court, located on the south side of Howard Street, approximately 50' west of Sam Rankin Street. Assistant City Manager Tom Utter informed the Council that in response to the twenty-five notices of the public hearing, two in favor and one in opposition had been returned. He stated that both the Planning Staff and Planning Commission recommend approval. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. Mayor Jones ascertained that no one wished to speak in opposition. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez and passed unanimously by those present and voting. Acting City Secretary Zahn polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 26. ORDINANCE NO. 18738: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MARY McLEOD BETHUNE DAY NURSERY, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 2 AND 3, PAUL COURT, FROM "A-2" 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, McComb, Mendez and Slavik voting, "Aye"; Guerrero, absent at the time the vote was taken; Kennedy, "absent". 27. Application No. 285-3, Mr. Ward Thomas: For a change in zoning from "AB" Professional Office District and "A-2" Apartment House District to "B-4" General Business District on Lots 27, 28, 29, and 30, Block 1003, Fitchue Place, located on the west side of 10th Street, approximately 62' south of McKenzie Street.. .utes Regular Council Meeting March 5, 1985 Page 17 Mr. Utter informed the Council in response to the twenty notices of the public hearing that were mailed, three in favor and two in opposition had been returned. He stated that both the Planning Staff and Planning Commission recommend approval. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. He explained that the adjacent zoning consists of "A-2" Apartment House District to the north and east, "AB" Professional Office District to the south, and "B-4" General Business District to the west. He stated that the subject property fronts on 10th Street. Mayor Jones called on the applicant or his representative to speak. Mr. Ward Thomas, the applicant, stated that he is requesting this change of zoning because "B-4" and "B-5" zoning surround this property and it is really not very suitable for residential. He stated that eventually, he will tear down the existing building located on the property and build an office structure. Mayor Jones inquired if an office building could be located in "AB" zoning, and Mr. Wenger replied that it could be but that a warehouse cannot be located in the "A-2" or "AB" zoning. Mr. Utter explained that in the "B-4" zoned area, the warehouse can be located for storage but that a contractor will have construction equipment and would not be allowed under "B-4" zoning. Council Member McComb inquired of the applicant if he would be leasing to an ice cream vendor. He also noted that there is some encroachment on the property. Mr. Thomas informed the Council that there is a short-term lease on the property pending rezoning for an ice cream company with seven trucks and that to his knowledge, he was not encroaching onto any property because when he purchased the property, he realized that the stairwell was encroaching on the adjacent property and he had it relocated to where it now exists. Council Member McComb inquired about the setback requirement under "B-4" zoning, and Mr. Wenger replied that because this is zoned "A-2", there will be a 10' requirement. Council Member McComb then inquired about the screening fence requirement under "B-4" zoning, and Mr. Wenger explained that there is a 6' standard screening fence requirement if this is approved. Mr. Thomas informed the Council that he intends to comply with all of the requirements. Minutes Regular Council Meeting March 5, 1985 Page 18 Council Member Slavik asked for the reason for the two letters of opposition and questioned the staff's recommendation for approval. Mr. Wenger informed the Council that the reason for the Staff's recommendation is that the area in which the subject property is located is in a state of transition which is apparent by the number of mixed land uses and that due to the property's proximity to the Six Points commercial area, the granting of "B-4" zoning would be appropriate and would be a logical extension of that zoning district. Mr. Utter then read the reason for opposition on the two notices received for Council Member Slavik's benefit. Mr. Bob Dillard, Real Estate Broker, stated that he had sold the subject property to Mr. Thomas; the property was in bad condition when purchased by Mr. Thomas; and that it has been greatly improved. He stated that Mr. Thomas owns the property across the street also and has done a lot for the neighborhood. He urged approval of the requested zoning. Council Member Slavik stated that she had received calls from residents who are concerned in that it if this zoning is approved, it will create a domino effect. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez and passed unanimously. Acting City Secretary Zahn polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 27. ORDINANCE NO. 18739: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF WARD THOMAS BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 27, 28, 29 AND 30, BLOCK 1003, FITCHUE PLACE FROM "AB" PROFESSIONAL OFFICE DISTRICT AND "A-2" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb and Mendez voting, "Aye"; Slavik, "Nay"; and Kennedy, "absent". 28. Application No. 185-17, Mr. Gary Rankin: For a change in zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lot 20, Block 1, Mahan Acres, located on the east side of Kostoryz Road, approximately 100' north of Foley Drive. lutes Regular Council Meeting March 5, 1985 Page 19 Mr. Utter informed the Council that in response to the nineteen notices of the public hearing that were mailed, eight, plus one petition with eight signatures in favor, and three in opposition had been returned. He stated that the Planning Commission's recommendation is for denial and in lieu thereof, grant a special permit for an approximate 700 square foot expansion, and that the Planning Staff is recommending denial; however, they are not opposed to the special permit. Mr. Utter explained the reason for the Staff's recommendation to deny because of the ordinance which was previously passed to control bars in the "B-1" District. He stated that this part is in "B-1" zoning; that it is for a change of zoning to "B-4"; and the Staff felt it would set an exceptional precedent which would create a deluge of requests from other lounges who might also want a special permit. Mr. Utter stated that the people in the area are not objecting to the request. He stated that the Staff would not have any objection to granting the special permit but would object to granting "B-4" zoning. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. Mr. Wenger explained that as an existing tavern located in "B-1" zoning, and in case of fire or natural disaster, the tavern can be rebuilt provided that the owner starts construction within twelve months and the construction is completed within eighteen months from the date of the disaster. Mayor Pro Tem Turner inquired as to how long this particular bar has been in existence, and Mr. Wenger informed the Council that it has been in existence for a considerable time. Mayor Jones called on the applicant or his representative to speak. Mr. Ben Donnell, Attorney representing the applicant, stated that several months ago, he appeared before the Commission representing the Club Owners Association on an ordinance that would eliminate bars and lounges from the "B-1" district. He stated that a matter that was not addressed at the time of the restructuring of the ordinance was if an existing neighborhood bar desires to undergo any type of expansion. He stated that the owner of this bar has been in existence at this location for twenty years; it is a neighborhood type bar; and has no history of any problem. He stated that one of the letters in opposition comes from a filling station owner because he felt that if the zoning were changed to "B-4", it might increase the tax rate on his property. He explained that the applicant desires to add a walk-in cooler, restrooms, and enclose part of the area now under a roof overhang. Mr. Donnell explained that the applicant applied for a building permit to modernize the lounge; he was not issued the permit because it is a nonconforming use; and that is the reason for the requested zoning change. Mr. Utter explained that when the ordinance was changed, the bar was classified as a non -conforming use because it has that extra provision that they could rebuild. Minutes Regular Council Meeting March 5, 1985 Page 20 Mr. Donnell explained the amount of square footage in the existing building, adding that the owner is planning to add 432 square feet of new space. Mr. Utter stated that the new space is where the problem is, but expressed the opinion that this is such a small space that the Staff would have no problem with the special permit. He stated, also, that the Staff did not see this as being a subrogation of neighborhood rights. Council Member McComb expressed the opinion that the whole purpose of the ordinance was to eliminate neighborhood bars; that any addition approved would defeat the purpose of the ordinance previously passed to prohibit bars in "B-1" zoning; and stated that it was his understanding that the City wanted to prevent expansion of existing bars. Mr. Donnell stated that the focal point of everybody concerned was to stop placing bars in "8-1" zoned areas but everybody was thinking of new areas. He expressed the opinion that the concept of existing bars was not considered in restructuring of the ordinance. Council Member Brown inquired as to how long this ordinance has been in effect, and Mr. Wenger replied that it was approved less than a year ago. Mayor Jones noted that there would be no reduction in parking space and that the additional space is for enclosing part of the area now under a roof overhang. Council Member Berlanga stated that the bar, if operated satisfactorily, will remain there and will be more of an improvement on the existing businesses. He stated that he could not see why anybody would have any objection to some enhancement. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez and passed unanimously. Council Member Slavik stated that she does not see this particular project as a problem; therefore, she would support granting the special permit. Council Member McComb agreed that the additional 432 square feet of space is not very significant but inquired about the reaction if somebody else requested a zoning change for expansion of a lounge in "B-1" zoning. Mayor Jones expressed the opinion that each case is different and should be judged in its own merit. Council Member Mendez commented that this particular property does not change the property line in any way. He pointed out that the proposed expansion leaves enough space for parking. He indicated that he would support the special permit. . .rtes Regular Council Meeting March 5, 1985 Page 21 Mr. Utter pointed out the fact that the new ordinance does not specify any action as far as additions; the ordinance just made those in "B-1" zoning non- conforming; and that non -conforming use for expansion is addressed in another portion of the zoning ordinance. Acting City Secretary Zahn polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 28. ORDINANCE NO. 18740: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF GARY RANKIN BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN APPROXIMATE 700 SQUARE FOOT EXPANSION OF THE EXISTING BAR ON LOT 20, BLOCK 1, MAHAN ACRES; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Mendez and Slavik voting, "Aye"; McComb, "Nay"; and Kennedy, "absent". * * * * * * * * 29. Application No. 185-21, Ms. Shirley Sternadel: For a change in zoning from "R-2" Multiple Dwelling District to "AB" Professional Office District on Lot 28, Block 14, Belaire Park Unit 1, located on the west side of South Staples Street, approximately 500' north of Maryland Drive. Mr. Utter stated informed the Council that in response to the twenty-one notices of the public hearing, six, plus five from outside the area of notification, in favor and and one in opposition had been returned. Mr. Utter stated that the Staff has always reported to the Council on the letters received from outside the area of notification, adding that he is not so sure whether it is necessary to do so. He stated that he would provide the Council with a report and possibly, recommend not doing this. Mr. Utter stated that both the Planning Staff and Planning Commission recommend denial. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. He stated that if approved, it would set a precedent because the marginal access street was for the purpose of separating a through traffic street to slow traffic and designed to protect the residential properties facing this arterial street and not to accommodate commercial traffic. Mayor Jones inquired as to how many of the 14 duplex structures are presently occupied, and Mr. Wenger replied that they did not conduct a survey but that there are some that are occupied. Council Member Slavik inquired about the letter of opposition, and Mr. Wenger replied that the person objecting to the zoning change has stated that there are parking problems in the area; not enough space; and that her house is residential zoned. Minutes Regular Council Meeting March 5, 1985 Page 22 Mayor Jones called on the applicant to speak. Ms. Shirley L. Sternadel, the applicant, stated that she has discussed this with most of the neighbors in the area; she stated that it is a deteriorating neighborhood; it is not for residential use; and that one of the reasons these duplexes are not rented is because the rent is too high. She stated that she lives in the duplex and plans to install a real estate office there. She stated that there would not be a parking problem there; she plans to have parking in the rear; and they will not hack into Staples Street. She stated that a domino effect may occur, but felt the area should be zoned "AB". Mrs. Sternadel presented a petition with eleven signatures and stated that the one objection received by the Staff from Mr. Conway has changed because he has even signed the petition. Mayor Jones inquired if the people who had signed the petition were people who lived in the area; and Mrs. Sternadel replied that they did not, they were property owners in the area. Council Member Siavik inquired as to what other kind of uses could be under "AB" zoning with the least amount of traffic generated. Assistant City Manager Utter replied that a doctor's office would be the highest traffic generating producer and that it might be possible to have a child care center in "AB" zoning. Mrs. Sternadel expressed the opinion that a real estate office located on this property would be an improvement to the neighborhood. Mr. Wenger informed the Council that this is not an unusual case. He referred to a new subdivision being constructed on Yorktown Road in The Lakes Subdivision in which there is a separate portion of the street adjacent to the residences which protects them from the large amount of traffic on the main portion of Staples, pointing out that there is a median in the street that acts as a buffer. Council Member Berlanga commented that it is only right to consider this zoning change because people from that area have expressed their desire to have their property rezoned. Ms. Patricia Watson spoke in favor of the requested zoning and stated that she owns two of the duplexes on that portion of Staples Street. She mentioned the large amount of traffic on Staples and the difficulty she has in renting her property. There were no further comments in regard to this zoning request. A motion was made by Council Member Brown that the hearing be closed, seconded by Council Member Mendez and passed unanimously. utes ..egular Council Meeting March 5, 1985 Page 23 Mayor Jones referred to the Planning Commission and Planning Staff's recommendation for denial; he mentioned the domino effect would be very evident if this application is approved; stated that there are some nice residences in the area; and expressed the opinion that what the Council decides on this case will determine what will happen on the remaining residential area. He further expressed the opinion that the Planning Commission and Planning Staff's recommendation for denial is in the best interest of the City. Council Member Slavik agreed with Mayor Jones' comments. A motion was made by Mayor Pro Tem Turner that the Council concur with the recommendation of the Planning Commission and Planning Staff that Application No. 185-21 be denied, seconded by Council Member Slavik and passed by the following vote: Jones, Turner, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "Nay"; and Kennedy, "absent". * * Acting City Secretary referred to the emergency posting of the day before amending Ordinance No. 18691, passed on February 12, 1985, ordering an election for Mayor and Council Members, to change the election to a Joint Election with Nueces County for a bond election in connection with Homeport and announced that the County had approved their election order. She then read the caption of the ordinance. Acting City Secretary Zahn polled the Council for their vote on the ordinance and it passed as follows: ORDINANCE NO. 18741: AMENDING ORDINANCE NO. 18691 CALLING AN ELECTION FOR MAYOR AND COUNCIL MEMBERS ON APRIL 6, 1985 BY ORDERING AN ELECTION FOR MAYOR AND COUNCIL MEMBERS TO BE HELD JOINTLY IN THE CITY OF CORPUS CHRISTI, TEXAS, WITH THE COUNTY OF NUECES, TEXAS, ON APRIL 6, 1985; ENACTING OTHER PROVISIONS PERTINENT TO THE SUBJECT OF A JOINT ELECTION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". Mayor Jones called for the City Manager's Report. City Manager Martin reminded the Council that a memorandum was placed in their packet in regard to the Candidate Forum to be held on Monday, March llth, at 2:30 p.m., at the Convention Center, Room 227, for the purpose of informing candidates of some of the City's procedures and operation. Minutes Regular Council Meeting March 5, 1985 Page 24 City Manager Martin then reminded the Council that due to the 30 -day moratorium prior to the election, most of the items will require six votes by the City Council for adoption starting next week. He stated that the items requiring the six votes will be noted on the agenda during the moratorium. Mr. Martin informed the Council that items listed under discussion during the Workshop Agenda for next week would include the discussion of a recommendation of the Aid Ambulance Advisory Committee on the future of Emergency Medical Services in Corpus Christi; the discussion of the activities of the Tourist and Convention Bureau and the status of hotel/motel business in Corpus Christi; and that the following week will be the Business Development Commission. Mayor Pro Tem Turner referred to the Corpus Christi Housing Finance Corporation mortgage revenue bonds and inquired if it would be possible to provide VA and FHA financing since there is a possibility that people cannot afford the closing costs. Assistant City Manager Utter informed the Council that because of the program requirements, the City will not be able to offer VA or FHA financing on this issue. Council Member McComb commented that he had just read in the paper where MH -MR had just been awarded a $150,000 grant and stated that he would like to see an inventory on MH -MR during budget discussions this year because of the number of grants they have been awarded. Acting City Secretary Zahn reminded the Council that the drawing for places on the ballot will be conducted on Thursday, March 7th, at 2:00 p.m., in the Council Chambers. She stated that those who might not be able to attend might wish to have a representative present. Council Member Berlanga announced that he had been notified that at 3:15 p.m. today, the final papers on the Senior Citizens Complex at Greenwood and Gollihar were signed. He stated that this project is better known as Project 222 and that it will contain 54 units for senior citizens, moderate income families, and the handicapped. He stated that the project was sponsored by Nueces County Senior Citizens and President of the Board is Robert Aguilar. Mr. Berlanga further stated that he has been deeply involved with this project since he is Vice President of Nueces County Senior Citizens. Mayor Jones called for petitions from the audience on matters not listed on the agenda. utes gular Council Meeting March 5, 1985 Page 25 Mr. Phil Snowden, President of Citadel Company in Kansas City, stated that their business is to acquire, manage, and take care of real estate in Corpus Christi. He stated that his trip to Corpus Christi is to work with some of his local representatives; they want to continue to work Ocean Palms; the complex has experienced serious problems primarily due to the drought which caused cracks in the masonry at the Ocean Palms Apartments and to the parking lot. He stated that they presently have an occupancy rate of 74% which is very low. Mr. Snowden stated that they would like to finance repairs to the apartments through Corpus Christi Industrial Development Corporation and stated that he hopes that their company can obtain assistance on this. He expressed the opinion that this would be an economic enhancement; additional tax dollars would be derived; and respectively requested consideration at the next meeting of the Corpus Christi Housing Finance Corporation for rehabilitation of the Ocean Palms Apartments. Mayor Jones inquired if Mr. Snowden has applied to the Corporation in writing, and Mr. Snowden replied that they have met with Mr. Utter and they did file an application. City Manager Martin pointed out to the Council that the Citadel Company was one of the cases that was before the Council at the time the Council established the moratorium. Council Member Guerrero expressed concern in that when the moratorium was established because of the existing apartment building opposition, everything else had stopped. Mayor Jones expressed the opinion that the Council should consider this matter at the next meeting of the Corpus Christi Housing Finance Corporation. Council Member Mendez concurred. City Manager Martin stated that the next meeting will probably be next week to discuss the $30,000,000 bond issue. He stated that at that time, the Board could consider requesting that this be placed on the next agenda. Mr. Franz A. Head, Vice -President of Hydro Carbon, stated that his company is establishing a plant outside the City in the industrial district; they currently have twenty-five employees; and further stated that they continue to have problems with the ordinances of the City of Corpus Christi. He referred, in particular, to the banning of heaters that use LPG. He stated that he contracted for a job in January and because he was unable to obtain, either through the purchase or rental of said heaters, he had to forfeit the contract. He stated that there are other ordinances that are affecting them outside the City such as the prohibition of the burning of the PCB's which will cost the City a considerable amount of money. Minutes Regular Council Meeting March 5, 1985 Page 26 Mayor Jones stated that he was not sure what Mr. Head was referring to and asked City Manager Martin to explain. City Manager Martin explained that the City has a Fire Code provision which prohibits the sale of kerosene heaters within the City. Mr. Head is located outside the City and would not be affected by using the heater but was unable to obtain the heaters in the City. Mr. Head stated that he was told he could not rent them. He stated that his attorney has addressed the issue to the City Attorney's Office. Mayor Jones asked that copies of this be provided the Council. There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Mendez and passed unanimously, the Regular Council Meeting was adjourned at 5:18 p.m., March 5, 1985. * * * * * * * * RR