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HomeMy WebLinkAboutMinutes City Council - 01/11/1984Nim MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 11, 1984 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner * Council Members: David Berlanga, Sr. City Manager Edward A. Martin Leo Guerrero City Attorney J. Bruce Aycock Herbert Hawkins, Jr. City Secretary Bill G. Read Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member David Berlanga, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Leo Guerrero. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones then administered oaths to the following newly appointed Board and Committee Members: Mrs. Janice Clarke, Municipal Arts Commission; Mrs. Blanca Rosa Garcia, Citizens Advisory Health Board; Mr. Elbert O'Canas, Transportation Advisory Board; and Mr. Oscar G. Flores, Landmark Commission. * Mayor Pro Tem Betty Turner arrived at the meeting at 2:10 p.m. Mayor Jones called for the bid opening on the following engineering projects: 1. Reconstruction of Cole Street from Ocean Drive to Santa Fe Street. This is a 1982 Bond Voluntary Paving project. MICROFILMED tes ,lar Council Meeting January 11, 1984 Page 2 Assistant City Manager James K. Lontos opened bids on this project from the following firms: Claude Chapman Construction Company; Heldenfels Brothers, Inc.; Ibanez Construction Company; and King Construction Company. 2. Main Drive Street and Drainage Improvements. This is a 1977 Voluntary Paving Program project supplemented with Community Development Block Grant Funds with Main Drive proposed to be reconstructed from Sedwick Road to Leopard Street. Mr. Lontos continued and opened bids on this project from the following companies: Claude Chapman Construction Company; Heldenfels Brothers, Inc.; Maverick Construction Company; and W. T. Young Construction Company. Mr. Lontos verified that all bidders had submitted the required bid security bonds. Mayor Jones expressed appreciation to those companies who had prepared and submitted bids and stated that they would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. ** Council Member Herbert Hawkins, Jr. arrived at the meeting at 2:15 p.m. Mayor Jones called for Consideration of Board and Committee appointments and briefly reviewed the appointments considered during the morning Workshop Meeting. Mayor Jones was informed that Mr. Galen Westwick had declined to accept the appointment to the Senior Community Services Advisory Committee and Mayor Jones suggested that this be listed on the agenda the following week for appointment. A motion was made by Council Member Mendez that the following appointments be confirmed, seconded by Council Member Berlanga and passed unanimously. a. Bay Drilling Committee TERMS: Mr. J. Todd Scharnberg (oil industry) - reapp't. 12-31-86 Mr. John Holmgreen (gen. public) 12-31-86 Mr. Gene Carter (alt., oil industry) - reapp't 12-31-86 b. Electrical Advisory Board: Mr. Ray Kiesel (commercial builder) 12-31-85 Mr. Philip Benavides (master elec.) - Reapp't. 12-31-85 Mr. Arlise L. Robinson (electrical eng.)- Reap't. 12-31-85 '.tes alar January Page 3 c. d. Council Meeting 11, 1984 Senior Community Services Advisory Committee: Mrs. Elizabeth Gunter - Reapp't. Mr. Eduardo Hinojosa Mr. David Tutt - Reapp't. Mr. James Roberts - Reapp't. Mrs. Rosa Garza - Reapp't. Mrs. Catherine Chambers - Reapp'. Mr. Cristobal Perez, Sr. Mr. Galen Westwick - Building Standards Board: Mr. Jacob Munoz (member -at -large) * * * * * * * * 12-26-85 12-26-85 12-26-85 12-26-85 12-26-85 12-26-85 12-26-85 COULD NOT ACCEPT APPOINTMENT 3-03-86 Mayor Jones called for Actions of the Council from the Workshop Session on the following items: 1. The Sister City Committee's recommendation that a Sister City relationship with Cartagena, Spain be approved. A motion was made by Council Member Guerrero that the foregoing item be confirmed, seconded by Council Member Hawkins and passed unanimously. 2. The City Hall architects and staff make a public presentation on general concepts and approaches to designing the new City Hall receive public input at 7:00 p.m., Wednesday, January 18, 1984 at Convention Center. the and the A motion was made by Council Member Berlanga that the foregoing item be confirmed, seconded by Council Member Guerrero and passed unanimously. Mayor Jones called the Council's attention to a vase that was presented to the City of Corpus Christi as a gift from Yokosuka, Japan. He expressed appreciation for the vase and a book that was sent as a gift also. Mr. Harry Plomarity, Chairman of the Sister City Committee, stated that the vase is a model of an ancient Japanese vase and the explanation of the gift was written in Japanese and he has not had an opportunity to have it translated yet. Photographs were then made of the Council Members and Mr. Plomarity with the vase in the foreground to be sent to Yokosuka, Japan. tes alar Council Meeting January 11, 1984 Page 4 Photographs were then made of the Council posing with the bust of De Pineda which will be presented to the Spanish Government as a gift from the City of Corpus Christi. * * * * ■ * * * * Mayor Jones called for approval of the Minutes of the Regular Council Meeting of January 4, 1984. Council Member McComb noted that the vote on the ordinance listed as #40 (Operation of horse drawn carriages) did not indicate that Council Member Kennedy voted in favor. Mr. McComb then made a motion that page 19 of the Minutes be changed to reflect an affirmative vote on this ordinance by Dr. Kennedy, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Mayor Pro Tem Turner that the Minutes of the Regular Council Meeting of January 4, 1984 be approved as amended; seconded by Council Member Hawkins; and passed unanimously. * ■ * * * * * * * Mayor Jones called for Consideration of the Consent Motions, items 1 through 3. 1. Bids be received January 31, 1984 for fourteen large trucks for various City departments. 2. Five diesel powered refuse trucks for the Sanitation Division be purchased based on low bid meeting specification and low bid for a total combination amount of $274,085.00 from the following: a. Cab & Chassis Edaburn International Trucks, Inc. $39,917.00 ea. b. 25 yd. Refuse Body Pak -Mor Manufacturing, Inc. $19,900.00 ea. $199.585.00 _ $ 74,500.00 Grand Total $274,085.00 The apparent low bid on the cab & chassis from Tradewinds Ford Sales, Inc., Corpus Christi, Texas does not meet the sleeved cylinder engine requirements of the specifications. Prices have increased 5% since last purchase in February, 1983. Twelve bid invitations were issued and five bids were received. The refuse trucks are included in the 1983-84 Budget. '.tes Aar Council Meeting January 11, 1984 Page 5 3. Amending the existing one-year agreement, which was executed April 18, 1983, for a bicycle -type surrey concession on the seawall to change the name of the lessee from Danny Polinard to the partnership of D. J. Polinard and W. D. "Trey" Boone, DBA Corpus Christi Surreys by the Sea, as requested by the lessee. Council Member Mendez called for an explanation of item 2. City Manager Martin explained that the City had received a letter from the Manager of Tradewinds Ford Sales, Inc., indicating that the specifications were written so that he could not bid to include the requirement for sleeved engines. Mr. Martin stated that he had checked and ascertained that Tradewinds had submitted a bid for a sleeved engine but it was higher than other bids received. He stated that he then requested a report from the Staff as to why the sleeved engine was required and had discovered that there was a good reason for this requirement. Mr. M. H. Isaacks, Director of Maintenance Services, confirmed this explanation and stated that there is a good reason to require the sleeved engines. No one from the audience addresssed these items. A motion was made by Mayor Pro Tem Turner that Consent Motions, 1 through 3 be approved, seconded by Council Member Hawkins and passed unanimously. Mayor Jones called for Consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 4 through 14. Mayor Pro Tem Turner referred to Ordinance 4 pertaining to the authorization for Gulf Coast Testing Laboratory to perform the geotechnical engineering work for the Central Public Library and inquired as to why PSI, Inc. was not employed for this work. Assistant City Manager James K. Lontos explained that Gulf Coast Testing Laboratory had proposed to drill four test holes to between 60' and 80' depths which is a better proposal than PSI submitted. He also informed the Council that Gulf Coast Laboratories had contracted for the services of Frank G. Bryand and Associates and therefore, the services of Mr. Joe Stapp, who is an expert soils engineer with that firm, to perform the actual engineering report and make recommendations on the foundation design. City Manager Martin pointed out that the City did not actually go out for competitive bids, they just requested the proposals. tes alar Council Meeting January 11, 1984 Page 6 Mayor Pro Tem Turner pointed out that the one recommended for acceptance was considerably more in cost than that submitted by PSI. Discussion followed on the methods of obtaining proposals and City Manager Martin reiterated that the City should request proposals because they are never sure exactly which experts the company submitting bids will employ. He referred to Mr. Lontos' memorandum to him on this subject in which he explained that PSI has performed good work in subdivisions for the City but has not had the extensive experience that Gulf Coast has and the Staff feels that Gulf Coast will perform a better job on the library site. He stated that there is still a need to go out for proposals on items such as this. Council Member Berlanga agreed that the company selected is a good one because this particular site will require extensive borings but he also indicated that he agreed with Mayor Pro Tem Turner that if the Staff wants to employ a certain firm to perform work, it would be preferable just to select the testing firm without going through the ritual of receiving proposals. Mayor Jones disagreed stating that he was of the opinion that the City should continue to receive proposals. He stated that in this case, however, he agreed with the Staff on their recommendation. Council Member Mendez stated that he felt that the City should select the firm that submits a bid that would be most advantageous to the City, whether it is the lowest bid or not. He expressed the opinion that this should follow on all contracts in that the bid most advantageous to the City should be the one selected. Council Member Mendez referred to Ordinance No. 5 authorizing an amendment to the engineering contract with Urban Engineering which restructures the fees to reflect minority and women business enterprise participation in the project. He inquired if this meets EPA requirements, and Mr. Lontos stated that it does meet EPA requirements. City Manager Martin stated that after EPA approves the contract, the City must approach the engineer to see that minority quotas are met. Mayor Jones referred to his presentation the preceding week in regard to industrial districts and stated that he still was of the opinion that this ordinance should not be passed. He compared industrial districts to the establishment of Sunrise Mall and pointed out that their annual sales are over $150 million; the City receives 1% sales tax from those sales; and the Mall provides 1,550 jobs. He stated that this facility did not ask for any tax relief and they do not receive any. Council Member Hawkins stated that he has discussed this ordinance and has studied it and he agreed with Mayor Jones that the existing industrial district contracts should continue for their full terms. tes alar Council Meeting January 11, 1984 Page 7 Council Member Slavik stated that she certainly supports industries in this area but there are a number of companies that are not having difficulty and she agreed that those who needed help should receive it. She stated that she plans to vote against this ordinance. Council Member Guerrero pointed out that if it were not for industry, Sunrise Mall could not support 1,550 jobs. Council Member Kennedy stated that he hopes that in five years, industry will not need any assistance, but Corpus Christi is still in a recession as well as the State of Texas and Corpus Christi is some distance behind on procurement of industry. He expressed the opinion that extending the contracts for industry would give them one extra tool for industrial expansion and would also provide the Industrial Commission and the Business Development Commission an additional tool to attract industry to this area. He stated that he felt that the City Council should send out a clear signal that this Council and this City are committed to provide incentives for industry. Council Member Slavik stated that she knew that this was a psychological move to encourage industries but stated that she is aware of various groups that are going to push for annexation of the industries again if this ordinance is passed. She stated that she felt that there were other things that could be done to help industry and she felt that the best thing would be to do something to alleviate their high energy costs. Mayor Pro Tem Turner reminded the Council that an entire morning was spent during Workshop discussing incentives the City might have for industry and at that time, the Council requested the Staff to prepare a report on what could be done, and this recommendation to amend the industrial districts is a result of that request to the Staff. She stated that she is very supportive of this amending ordinance. Council Member Kennedy pointed out that the City constantly receives threats such as "groups are going to push for annexation". He stated that he objected to those threats and the Council should do what is right regardless of what threats had been made. Mr. J. E. O'Brien, 4130 Pompano, representing the Corpus Christi Taxpayers' Association, stated that he wanted to address Ordinances 8 and 12. Mr. O'Brien referred to Ordinance 12 pertaining to the industrial district contracts and commended Mayor Jones for his stand in opposition to this ordinance. He stated that the Taxpayers' Association has supported industrial district contracts and the concept of industrial districts. He pointed out that the formation of industrial districts was part of the agreement reached between the parties who were trying to recall the Council and the Council Members. He pointed out that originally, the City was to receive $2.7 million for income from industrial districts but by the time it was amended so many times, this amount was reduced to $1.7 million. He stated that it was his understanding that this amendment is tes . .lar Council Meeting January 11, 1984 Page 8 to help small companies that are experiencing difficulties, yet, it addresses all industries. He urged that it not be approved. He stated that if the ordinance is passed, he intends to schedule an agenda item for the Taxpayers' Association meeting next Tuesday to approve a petition drive for an annexation election to annex the industrial area into the City. He expressed the opinion that if the City really wants to help industries, decreases in the utility rates should be considered. Mr. O'Brien then referred to Ordinance No. 8 which authorizes a 60 -year lease with La Quinta Royale for the use of an easement. He alleged that the City has a propensity for giving away land and pointed out that $1,000 will not be very much money in 60 years or even 10 years. He suggested that an escalation clause be devised to take care of larger payments in the future. Council Member Hawkins concurred that an escalation clause to increase the payments would be in order as did Council Member Berlanga and Council Member Slavik. Mayor Pro Tem Turner noted that it is not unusual for the City to charge only $1 per year for such easements since the primary purpose is to control the use of property. She expressed the opinion that this is not a method by which the City should make money. Council Member Guerrero expressed surprise that the Council has spent so much time discussing an escalation clause for use of an easement. He pointed out that the purpose of this ordinance is not to make money but to clear the title for the hotel. City Manager Martin pointed out the difficulties in even administering an ordinance with an escalation clause for this purpose. He stated that in the future, he will suggest a lump sum payment because of the administrative difficulties in collecting money for a 60 -year period. Also speaking in regard to Ordinance 12 was Mr. Hal Fessler, President of the Board of Trade, who stated that he did not think there was anything that anyone could do on a local level to reduce the cost of utilities. He pointed out also that the extension of the districts and the contracts involves very little money and stated that the purpose of the amendment to the industrial district ordinance is just to assure jobs for the community. He pointed out that income from "in lieu of" taxes will continue to increase because of the addition of assets to the district and increase in the number of districts. He expressed the opinion that if these areas are annexed to the City, it will make it very difficult for the Industrial Commission to attract new industries. A motion was made by Council Member Slavik that Ordinance No. 8 pertaining to the 60 -year lease with La Quinta Royale be amended to provide an escalation clause for payments to be increased annually; seconded by Council Member Berlanga. *es . .lar Council Meeting January 11, 1984 Page 9 Council Member Hawkins indicated that he agreed that there should be an escalation clause but more studies should be made as to how much should be considered. Council Member Berlanga suggested that it should be established as $1,000 per year and an escalation up to the amount of $60,000. Council Member Mendez expressed the opinion that the City should not try to renegotiate this particular agreement but that they might consider an escalation clause for fees in the future. The motion to amend the ordinance to include an escalation clause failed to pass by the following vote: Berlanga and Slavik voting, "Aye"; Jones, Turner, Guerrero, Hawkins, Kennedy, McComb and Mendez voting, "No". City Secretary Read polled the Council for their votes on the Consent Ordinances and the following were passed: 4. ORDINANCE NO. 18018: APPROPRIATING $6,400 FOR GEOTECHNICAL INVESTIGATION SERVICES TO BE PERFORMED BY GULF COAST TESTING LABORATORY IN CONNECTION WITH THE FOUNDATION DESIGN FOR THE CENTRAL PUBLIC LIBRARY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". 5. ORDINANCE NO. 18019: AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH URBAN ENGINEERING FOR ENGINEERING SERVICES ON THE STEP 3 CONSTRUCTION AT THE ALLISON WASTEWATER TREATMENT PLANT WHICH REVISES THE FEE STRUCTURE TO INCORPORATE THE MINORITY AND WOMEN BUSINESS ENTERPRISE FIRMS INTO THE PROJECT WHICH IS REQUIRED BY THE ENVIRONMENTAL PROTECTION AGENCY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". 6. SECOND READING: AMENDING THE CORPUS CHRISTI CITY CODE BY AMENDING CHAPTER 57, VEHICLES FOR HIRE, BY AMENDING SECTION 57-193, EMERGENCY RUN REPORTS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. rtes ,,u1ar Council Meeting January 11, 1984 Page 10 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". 7. SECOND READING: AUTHORIZING THE EXECUTION OF AN AMENDMENT TO ORDINANCE NO. 14747 WITH PADRE ISLAND INVESTMENT CORPORATION PERTAINING TO THE DEVELOPMENT OF APPROXIMATELY 3,800 ACRES OF PADRE ISLAND LANDS PROVIDING FOR THE DELAYING COMPLETION OF CONSTRUCTION DATES OF SECTION 3, COQUINA BAY, PORTIONS OF ISLAND FAIRWAY ESTATES, CAPE SUMMER UNITS 1 AND 2, AND COMMODORES COVE UNIT 2, AND FURTHER AMENDING THE ANNUAL ESCROW PAYMENT SCHEDULE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". 8. SECOND READING: AUTHORIZING EXECUTION OF A 60 YEAR LEASE WITH GREATER CORPUS CHRISTI ENTERPRISES, INC. PROVIDING FOR THE CITY RECOGNIZING AN APPROXIMATE FOUR FOOT ENCROACHMENT OF THE LA QUINTA ROYALE HOTEL INTO THE PEOPLES STREET RIGHT-OF-WAY, PROVIDING FOR LEASE PAYMENTS OF $1,000 PER YEAR FOR THE TERM OF THE LEASE AND NECESSARY INDEMNIFICATION TO THE CITY FOR SUCH ENCROACHMENT. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Guerrero, Hawkins, Kennedy, McComb, and Mendez voting, "Aye"; and Berlanga and Slavik voting, "No". 9. THIRD READING - ORDINANCE NO. 18020: AUTHORIZING THE EXECUTION OF A LEASE WITH UNITED AIRLINES INCORPORATED FOR USE OF SPACE AT CORPUS CHRISTI INTERNATIONAL AIRPORT. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". 10. THIRD READING - ORDINANCE NO. 18021: AMENDING THE CORPUS CHRISTI CITY CODE BY AMENDING CHAPTER 6, ANIMAL CONTROL, BY ADDING SECTION 6-25, LOAN OF SMALL ANIMAL TRAPS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". rtes alar Council Meeting January 11, 1984 Page 11 11. THIRD READING - ORDINANCE NO. 18022: AMENDING CITY CODE SECTION 57-152 PERTAINING TO THE ZONES AND FARES OF THE AIRPORT LIMOUSINE SERVICE; AMENDING ORDINANCE NO. 13130 WHICH AUTHORIZED THE AIRPORT LIMOUSINE SERVICE FRANCHISE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE; AND PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". 12. THIRD READING - ORDINANCE NO. 18023: AMENDING ORDINANCE NO. 15898, AS AMENDED BY ORDINANCE NOS. 15941, 16129, 16167 AND 16601, DIFFERENTIATING BETWEEN INDUSTRIAL DISTRICTS CREATED IN THE GULF OF MEXICO AND OTHER INDUSTRIAL DISTRICTS IN THE CITY'S EXTRATERRITORIAL JURISDICTION, DEFINING THE TERM "IMPROVEMENTS", REMOVING THE 20 -ACRE ANCILLARY INDUSTRY REQUIREMENTS FOR SUBDIVISION PLAT DEFERRAL. The foregoing ordinance was read for the third time and passed by the following vote: Turner, Berlanga, Guerrero, Kennedy, McComb, and Mendez voting, "Aye"; Jones, Hawkins and Slavik voting, "Nay". 13. THIRD READING - ORDINANCE NO. 18024: AMENDING ORDINANCE NO. 15949, AS AMENDED BY ORDINANCE NOS. 16131 AND 16622, TO EXCLUDE INDUSTRIAL DISTRICTS LYING ENTIRELY WITHIN THE GULF OF MEXICO FROM THE CORPUS CHRISTI INDUSTRIAL DEVELOPMENT DISTRICT. The foregoing ordinance was read for the third time and passed by the following vote: Turner, Berlanga, Guerrero, Kennedy, McComb, and Mendez voting, "Aye"; Jones, Hawkins and Slavik voting, "Nay". 14. THIRD READING - ORDINANCE NO. 18025: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND EDGAR H. MOORE AND J. R. EWING FOR THE ANNEXATION OF APPROXIMATELY 50.91 ACRES OF LAND OUT OF LOT 4, SECTION 11, BOHEMIAN COLONY LANDS, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye". * * * * * * * * rtes ,ular Council Meeting January 11, 1984 Page 12 Mayor Jones called for Consideration of a Motion from the Regular Agenda on the following item: 15. Authorizing the City Manager to execute new seven year industrial district contracts with the industries with which the City currently has contracts. There were no comments on this item. A motion was made by Council Member Mendez that item 15 be approved, seconded by Council Member Kennedy and passed by the following vote: Jones, Turner, Guerrero, Kennedy, McComb and Mendez voting, "Aye"; Berlanga, Hawkins and Slavik voting, "No". * * * * * * * * * Mayor Jones announced the public hearing on the following tabled zoning matter: 16. Application No. 1183-14, Ms. Annice A. Hogan: for a change of zoning from "F -R" Farm Rural District to "B-1" Neighborhood Business District on Lots 5 and 7, Block 17, Rodd East Addition, located on the southeast corner of Rodd Field and Wooldridge Roads. This application was tabled for one week on January 4. Council Member Mendez reminded the Council that the question at the time this zoning application was tabled was whether or not Mr. Ted Anderson did, in fact, represent Mrs. Hogan. He pointed out that the Council had received documentation that Mr. Anderson does, indeed, represent Mrs. Hogan. 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 for their vote on the ordinance effecting the zoning change and the following ordinance was passed: 16. ORDINANCE NO. 18026: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ANNICE A. HOGAN BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 5 AND 7, BLOCK 17, RODD EAST ADDITION, FROM "F -R" FARM -RURAL DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero and Hawkins, "absent" at the time the vote was taken. .t es alar Council Meeting January 11, 1984 Page 13 City Secretary Read stated that the ordinance had passed even though the 20% rule was in effect because seven affirmative votes had been cast. * * * * * * * * Mayor Pro Tem Turner made a motion that the Regular Council Meeting be recessed in order to convene the Special Meeting on zoning applications. The motion was seconded by Council Member Berlanga. Council Member McComb objected to the fact that the zoning cases had been set for a special meeting and suggested that the zoning applications be considered as a part of the Regular meeting. It was pointed out that the zoning cases had been published as a Special Meeting and City Attorney Aycock indicated that he did not feel that this was problem and they could be considered as a part of the Regular Meeting. City Manager Martin stated that he would prefer that the Council go ahead and conduct the public hearings as a Special Meeting and state that the Special Meeting is not being conducted just to obtain pay for the Council. The Council indicated their concurrence and the meeting was recessed at 3:45 p.m. * * * * * * * * Mayor Jones reconvened the Regular Council Meeting at 4:40 p.m. and called for the City Manager's Report. City Manager Martin reminded the Council of the public hearing on assessments for the miscellaneous street improvements which will be conducted that night at 7:00 p.m. at the Carroll Lane Elementary School at 4121 Carroll Lane. Mr. Martin also informed the Council that a hearing will be conducted at the State Highway Department in Austin and he was of the opinion that as many Council Members as possible should attend the hearing. He explained that his Office had made arrangements to charter a plane on Wednesday, February 15 in order to arrive at the hearing at 9:30 a.m. and that following the hearing, the plane could return them to Corpus Christi in time for the Regular Council Meeting at 2:00 p.m. The following Council Members indicated that they would be able to attend the meeting: Mayor Jones and Council Members Berlanga, Guerrero, Kennedy, Mendez and Slavik. * * * * * * * * rtes ,alar Council Meeting January 11, 1984 Page 14 Mayor Jones called for Petitions or Information from the Audience on Matters not Listed on the Agenda. Mr. Sam Shamoon, a minister, addressed the Council in regard to the upcoming Kiss Concert and rock concerts in general. He spoke, at length, in opposition to rock groups and the music they play which he felt encourages the use of drugs and immorality as well as rebellion against parents and society. He stated that he would like to see rock groups banned from public buildings. He described the Kiss group and their type of music and expressed opposition to their concert in this City. Mayor Jones recalled that the same situation had occurred the last time the Kiss group was in this City and the Council had decided that they could not become censors of any type of music. Mr. Clifford Cosgrove referred to the high utilities and in particular, his bill for gas in the amount of $70.85. He expressed opposition to the distribution charge of $20.25 which he felt was excessive in view of the fact that there are really no costs involved in the distribution of gas. Council Member Slavik inquired about the distribution costs, and Mr. Martin explained that that is the portion of the bill that is charged to the property owners for expenses of the gas operation. Mayor Jones pointed State for gas operation. Christi has experienced, all of the out that this City has about the lowest cost in the He noted that with the excessive cold weather Corpus gas bills are going to be quite high. Council Member Berlanga indicated that the point that bothers him are the statements made by many groups that this City has the highest utility costs in the State. City Manager Martin explained that that electric rates -- they are the second highest can provide surveys of this City in comparison comment actually applies to the in the State. He stated that he to other cities in the State. 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 5:01 p.m., January 11, 1984. * * * * * * * * DZ/rr