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HomeMy WebLinkAboutMinutes City Council - 08/21/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 21, 1984 5:00 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 the Council Chamber of City Hall. The invocation was given by Lt. Terence Thomas of the Salvation Army, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Frank Mendez. 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 called for consideration of the Minutes of the Regular Council Meetings of August 7, 1984 and August 14, 1984 and the Special Council Meeting of August 7, 1984. He noted that Council Member McComb had requested that a change be made in the vote on one item on the Minutes of August 14, 1984. A motion was made by Mayor Pro Tem Turner that the Minutes be approved, seconded by Council Member Mendez. MICROFILMED .tes jular Council Meeting August 21, 1984 Page 2 Council Member Mendez stated that he would like to call for reconsideration of Council Member's McComb during the meeting of August 14th in regard to the transfer of funds from the Utilities Fund to the General Fund. City Manager Martin suggested that the Minutes of that meeting be approved because the Council is allowed to reconsider a motion during the next regularly scheduled meeting. He informed the Council that the motion that they adopted can be reconsidered today or at a later date. The motion to approve the Minutes passed unanimously. Council Member Mendez continued by stating that he felt that the Council should reconsider the motion made by Council Member McComb in regard to transfer of funds and asked Mr. McComb to explain again. Council Member McComb stated that his proposal was simply that the in lieu of taxes be allowed to remain in the Utilities Fund and that those funds be used to pay towards the wastewater debt service which basically, was the instruction of the Charter Amendment which was passed during the election of August 11 in regard to interdepartmental transfer of funds. He stated that his position the preceding week was that that money should be left in the Utilities Fund to go towards repayment of debt service for wastewater since this item was receiving funding from other budgets. He explained that this would accomplish the following things: (1) It could very well prove to be funds to meet debt service which was the intent of the amendment. He stated that this would allow some relief for property owners paying ad valorem taxes and yet it would still be in accordance with the Charter Amendment which was passed by the voters. He pointed out that this would also allow the City Manager to go back to see how those figures would affect the budget, noting that the 2.5 million dollar deficit predicted did not anticipate the lower receipts in the Water Department due to the water shortage. He stated that after these figures are corrected, the City Manager would be allowed to recommend a tax rate reduction and still accomplish the necessary items included in the budget, plus be in compliance with the Charter Amendment which was approved. A motion was made by Council Member McComb that this practice be adopted. The motion was seconded by Council Member Brown. Mayor Jones stated that the intent of the motion was that the fees considered as in lieu of taxation would go to satisfy the debt service in the Utilities Department, including Wastewater. Mayor Pro Tem Turner stated that she has an alternate proposal. She expressed appreciation to Council Member McComb for working out his solution but stated that she had worked on this during the past week and she would like to make the following suggestions: (1) continue to collect the in lieu of fees; tes n-yular Council Meeting August 21, 1984 Page 3 (2) retain the fees collected for water in the Water Fund; (3) transfer the fees collected in the Gas Fund to the Wastewater Services Fund for debt service; and (4) work to keep gas and water rates as low as possible. Mrs. Turner explained that she is suggesting that the transfer of fees in the Gas Fund be made to retire wastewater debt service. Mayor Pro Tem Turner continued by stating that the Water Fund currently has in excess of $2 million in debt service and she felt that the practice should be continued to collect in lieu of fees in the Water Fund but these fees be used exclusively to increase the fund in the Water Fund Reserve to provide funds for capital improvements. City Manager Martin stated that both actions suggested by Mayor Pro Tem Turner and Council Member McComb are legal, proper actions under the City's budget requirements, the Charter, and the Charter as recently amended. He stated that he would like to come back to the Council with a series of options for them to approve. He stated that Mr. McComb's motion is to look at the budget to use some of the in lieu funds for wastewater debt service and Mayor Pro Tem Turner's is to look only at the Gas Fund for this purpose. Mayor Jones expressed the opinion that these options should be in writing and considered next week, and Council Member Guerrero agreed. Mayor Pro Tem Turner stated that she felt very strongly that the in lieu of Gas Fund should be used for wastewater debt service since there is no debt service in the Gas Fund. Council Member Berlanga inquired if the Council plans to retain the funds in the Utility Fund, what effect that would have on the tax rate and on the water rate and inquired if either of these would provide any relief for the citizens. Mayor Jones expressed the opinion that either of the motions would provide some relief. He pointed out that either one of the proposed actions would reduce the taxes to the extent that it would reduce the drain on the General Fund to pay the wastewater debt service. City Manager Martin pointed out that one caveat is what the Council does on the other side of it, noting that if the Council agrees to remove money from the in lieu of Tax Fund and place it in the Wastewater Fund for debt service, the General Fund would be increased by the amount of funds that are designated for this purpose. He noted that in either case, it would be necessary to make some expenditure reductions, and depending upon how many of those reductions the Council selects will dictate whether or not the taxes could be reduced. He further explained that as soon as he has Council direction on what to expect in regard to the budget cuts, the Staff will be able to predict how these transfers will affect the General Fund and the tax rate. He pointed out that if the Council decides to use in lieu of payments to pay the wastewater debt service, :es ._,alar Council Meeting August 21, 1984 Page 4 the General Fund would be increased by that exact amount. He stated that he originally planned to present recommendations to the City Council next week to deal with this but with the directions he has received from the City Council in regard to the wastewater debt service, he would prefer to have this on the agenda for September 4, and Mayor Jones agreed that that would be preferable. A motion was made by Council Member Mendez that both motions or proposals be tabled for two weeks, seconded by Council Member Slavik and passed unanimously. City Manager Martin stated that he understood that he was to have an agenda item on the Workshop of the September 4 meeting to consider this subject. Mayor Jones noted with appreciation the large number of people appearing in the Council Chamber with T-shirts with the wording, "Cheers for the City Council". Mayor Pro Tem Turner stated that she would like to introduce Mr. Glen Kost, Dean of Del Mar College. Dean Kost stated that he was speaking as President of the Board of Corpus Christi Osteopathic Hospital and expressed gratitude on behalf of the Board for the service of Mayor Jones on that Board from November of 1978 through May of 1984. Dean Kost then presented a plaque to Mayor Jones expressing their appreciation. Mayor Jones responded by stating that it was always a very rewarding experience to work with hospital boards. Council Member Kennedy stated that he would like to present his proposed resolution, and Mayor Jones recognized Dr. Kennedy. Council Member Kennedy provided background information by stating that during the past week, an article appeared in the newspaper on Thursday morning that upset him quite a bit, at which time he requested that a resolution be prepared. He referred to statements made in the newspaper article to the effect that the Broadway Wastewater Treatment Plant was overloaded and development of the Bayfront Downtown Area should be curtailed until improvements had been made. He stated that, in fact, the capacity of that wastewater plant is ten million gallons and the current use is eight million gallons. He stated that he was particularly disturbed about the message in the paper because companies considering moving into the City might have been discouraged by such an article projecting an overloaded sewer plant and a shortage of water. He stated that he rtes .._3ular Council Meeting August 21, 1984 Page 5 did not think that this was the opinion of the majority of the City Council. He then read the resolution in its entirety and summarized by stating that by passing this resolution of intent, the City Council will renew and strengthen its effort to protect the City's unique environment and expand the quality of life so essential to the citizens and visitors by supporting the attraction of new industry, the expansion of existing industrial and commercial development through guided growth, the creation of new jobs and the broadening of the tax base. A motion was made by Council Member Kennedy that the resolution of intent be passed, seconded by Mayor Pro Tem Turner. Council Member Guerrero stated that the comments reported in the newspaper were not true because this is a live, viable City that is looking to the future. Council Member Guerrero also pointed out that the people in the audience expressing support of the City Council are working people, not the "silk stocking" people as indicated at times. Council Members expressed support of the resolution. Council Member Slavik stated that she felt that she was the subject of Dr. Kennedy's remarks. She stated, however, that the statement in the paper was erroneous and informed the Council that in the afternoon paper, a correction has been printed. She stated that she was simply misquoted and assured the Council that she supports the proposed resolution because she is in favor of guided growth and additional industries in the City. Mayor Jones called for comments from the audience. Mrs. Susan Taft, 729 Harrison, stated that they have every confidence that the City Council and the City Staff can find a solution to the water problem and agreed with the intent of the proposed resolution. Mr. Ed Knudsen, 715 Broadway, stated that he was present at the meeting at the time Council Member Slavik's remarks were made and he assured the Council that she was misquoted in the newspaper. He stated that at no time did Mrs. Slavik say that the sewer plant was overcrowded but instead, she had stated that with the new development, the plant could become crowded and at that time something would have to be done. He also assured the Council that at the subject meeting, no one made any disparaging remarks about any Member of the City Council or the City Staff. Mr. Foster Edwards, Chairman of this year's Leadership Corpus Christi Alumni, explained that that group had decided that they wanted to do something to express support of the City Council and their Board was very concerned and carefully considered whether the landmass should be supported. He explained the procedure by which they had obtained the opinions of the membership, noting that 50% of a voter turnout is required before they can go public with an opinion. He informed the Council that 83.3% of their membership voted in favor of supporting the landmass. tes h -,alar Council Meeting August 21, 1984 Page 6 Mr. Jesse Tovar, 421 Eldon Street, stated that he was present on behalf of numerous labor union members. He stated that they are wholeheartedly in support of this proposed resolution and since the statements previously reported in the Caller -Times have been corrected in today's newspaper, he would not address those remarks. He stated that development and construction are what supports their families. Dr. Dean Banks, 225 Waverly, assured the Council that he had been present at the meeting referred to and that Council Member Slavik did not make the statements that were reported in the Caller -Times. He explained that she did state that when the new hotels are on line, the Broadway Wastewater Treatment Plant will be strained and mentioned that it would be two years before a bond election could be held to provide funds for such enlargement. He noted that the Caller -Times report also stated that postcards were handed out at that meeting urging people to oppose the landmass and stated that that was simply not true. Dr. Banks pointed out that many of the things that have occurred in the last few days and the meeting conducted by some developers and labor unions were based on erroneous facts reported in the Caller -Times. He stated that to his knowledge, rarely had he ever heard anyone attack the landmass as being a shopping center. He also expressed concern that the stereotyping of people and the mudslinging that has occurred as a result of the recent meeting are most unfortunate because no one opposed to the landmass are actually opposed to landmasses as such, only the commercial type of landmass as proposed in the agreement. Mr. Jack Graham spoke in favor of the passage of the resolution and noted that he is in favor of growth and development. Mr. Hank Snyder addressed the Council and expressed appreciation to them and stated that he is proud of each and every one of them. He also stated that he felt that this City had the finest City Manager in the Nation who is outstanding and has outstanding assistants as well. He also stated that he knew that Dr. Banks had, indeed, referred to the landmass as a shopping center. He also reminded the Council that the landmass is the result of a recommendation of a professional study of what is needed on the bayfront. Mrs. Marie Speer, Editor of the Flour Bluff Sun, stated that the resolution has nothing to do with the landmass or Council Member Slavik's statements. She expressed the opinion that the resolution is vague but is similar to repledging marriage vows. Mayor Pro Tem Turner agreed that the resolution is a reaffirmation of a controlled growth and the City Council's belief in the City of Corpus Christi. The following resolution was passed: RESOLUTION NO. 18320: REAFFIRMING THE CITY COUNCIL'S CONTINUING EFFORTS TO SUPPORT THE ECONOMIC DEVELOPMENT OF OUR CITY TO THE EXTENT OF OUR NATURAL RESOURCES BY THE ATTRACTING OF NEW INDUSTRY, THE EXPANSION OF EXISTING INDUSTRY AND COMMERCIAL DEVELOPMENT THROUGH GUIDED GROWTH, THE CREATION OF NEW JOBS, AND THE BROADENING OF THE TAX BASE; AND DECLARING AN EMERGENCY. ites ,._gular Council Meeting August 21, 1984 Page 7 The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "Aye." Mayor Jones informed the Council that Council Member Leo Guerrero desired to make a comment about the ruling of the Water Allocation and Review Board and the special allocation for the use of water by Seaside Memorial Cemetery. City Manager Martin pointed out to the Council that action could not be taken on this subject since it has not been posted. He stated that he was of the opinion that it could be discussed as long as the Council takes no action unless notice has been posted two hours prior to taking action. He noted, however, that the discussion might take some time, and inquired of the City Attorney if a notice could be posted and action taken two hours following the posting. City Attorney Aycock stated that he felt that it would be more appropriate to consider this under petitions from the audience. Council Member Guerrero referred to a copy of his memorandum that was sent to the Water Allocation and Review Committee and stated that he was of the opinion that the City Council had the authority to overrule the Board's decision in allowing the cemetery to use large amounts of water, noting that such action had upset the citizens who are not allowed to water lawns. A motion was made by Council Member Guerrero that the decision of the Water Allocation and Review Board in allowing cemeteries to water grass be overruled and that they be prohibited from watering their grass during the water shortage. The motion was seconded by Council Member Mendez. Council Member Kennedy stated that he had not seen the Minutes of the Water Allocation Board at which time they took this action and stated that he would like to hear comments from members of that Committee before voting on this motion. Mayor Jones pointed out that action cannot be taken on this matter until the proposed action has been posted on the official bulletin board for two hours. He stated that he concurred with the action proposed by Council Member Guerrero to overrule the decision of the Water Allocation and Review Board. Mr. Douglas Matthews, Director of Public Utilities, explained the action of the Board by stating that Mr. Reid Ryan of Seaside Memorial Cemetery had appeared before the Committee on three different occasions to request permission to use water and his request was denied until he came back with a proposal that if the City would allow him to use a certain amount of water until he was able to install two wells for watering purposes, then he would use that method of watering the grass rather than using City water. ces kcyular Council Meeting August 21, 1984 Page 8 Mr. Matthews pointed out that Mr. Ryan is allowed to water his shrubbery now the same as anyone else in the City. He informed the Council that Mr. Ryan had also stated that he would not only dig the wells but he would install a desalinization plant and use that water and be removed from the City's water supply system completely. He explained that under those circumstances, it seemed to the Board that this would be a good measure which would eventually save the City a great deal of water. Mr. Ted Turner, Business Representative on the Board, explained that their decision had nothing to do with the fact that this was a cemetery but instead, they had considered the fact that Seaside Cemetery was an employer and their decision was aimed at saving jobs as well as eliminating a user of the City's water supply. He expressed the opinion that the rules of the water situation had changed in that there are going to be some businesses and industries that are going to need some assistance while they explore alternate sources of water, and the Board is trying their best to be fair and equitable. Mayor Jones inquired if they had declined to approve a request for watering grass by other companies, and Mr. Turner assured the Council that they have received requests for watering grass over and over again but this particular decision had nothing whatsoever to do with the fact that this was a cemetery with large areas of grass because it was strictly a measure to save jobs and eventually provide an alternate source of water for the cemetery. Mayor Jones pointed out that many jobs had been lost because of the water shortage in similar situations to that of Seaside Cemetery. Council Member Kennedy stated that he thought that the decision the Council makes on this issue needs to be made with the view of what will happen in a few months, or in other words, a large user who will have his own water supply. He then questioned the Staff as to how much water Mr. Ryan would be allowed to use if the cemetery is considered to be an industry, and Mr. Matthews stated that he did not have those figures. Council Member Kennedy continued by pointing out that if his company is considered to be an industry, he would be allowed to use 75% of the amount he used the previous year. Mr. Matthews explained that the ruling by the Board was that he be allowed to use 500,000 gallons over a 30 -day period except he could not do so if the City received as much as one-half inch of measurable rain. Mr. Chuck Akers, a Member of the Water Allocation Board, stated that one issue here is that this, too, is an industry in Corpus Christi; Mr. Ryan used 7.4 million gallons last month; the Board approved the use of 500,000 gallons of water for two months; but they were of the opinion that the City would gain 14 million gallons of water if his proposed desalinization plant is in operation. He also expressed the opinion that if the cemetery could be classified as an industry, they could use 75% of the amount they used the preceding year. :es n-,ular Council Meeting August 21, 1984 Page 9 Council Member Guerrero expressed the opinion that this is not a business decision and the City Council cannot afford to gamble on the possibility of the desalinization plant providing ample water for Mr. Ryan. He stated that if the City makes enough of these long-term decisions, there is reason for great concern and his concern is that a precedent will be established because other users will appear before the Water Allocation Board and ask for the same consideration. Council Member Mendez stated that he could understand why the Water Allocation and Review Board granted this use of water. He stated that in two months, they will have a desalinization process and he wondered what would happen to the grass if he were not allow to water it during that period. Mr. Turner stated that he could not answer that question, but he knew that lawns all over the City are dying. Mr. Mendez then pointed out that if this business is commercial, they would only have to cut back 25% at this time, but in Phase III, lawn watering will be strictly prohibited. Mr. Turner stated that the Board did not consider the cemetery as an industry. Council Member McComb stated that under the formula, he could be considered an industry and might be qualified for the 75% of last year's water use. Mayor Pro Tem Turner stated that she felt that the Board was doing a very good job and informed the Council that she had driven all over the City and unfortunately, lawns and shrubs are dying in all areas. She stated that in view of this, she did not feel that the City can allow the use of water to water grass for any reason anywhere and although she agreed that the Board's decision was correct from a business standpoint, she did not feel that the cemetery should be allowed to water lawns when no one else is. Council Member Slavik agreed that the Board is doing an excellent job and that under the circumstances, and because Seaside Memorial Cemetery is going to install a desalinization plant for their use, they should be allowed this allotment of water for this two-month period. Mr. Turner stated that the message that the Board was trying to convey is the fact that they would like to see any residences or businesses removed from the City's water system if they had the means to do so. He stated that the Board needs guidance if the Council does not want them to continue with this. Council Member Brown also expressed his appreciation for the efforts of the Board and stated that he felt that they made a reasonable decision for Seaside Cemetery, but there is a rule of no lawn watering, and the City must enforce this. Utes nagular Council Meeting August 21, 1984 Page 10 Mr. Reid Ryan, Manager of Seaside Cemetery, explained that this is not just watering a lawn because the cemetery is an unusual business. He stated that there are some people who feel that cemeteries are very important; there are a large number of people who are in the process of purchasing lots at the cemetery; and if the cemetery is allowed to disintegrate, their business will suffer. He explained that they requested the one million gallons of water just until they get the desalinization plant installed in about two months. He explained that to water that much of an area of grass with effluent would cost about $50,000 per month; he stated that when they have the desalinization plant, they will have 3 million gallons of water; and they have offered to share this with other people. He expressed the opinion that they are no different from other industries and he was of the opinion that they should be allowed to use 75% of the amount of water used last year. He stated that unless the cemetery is given water to keep the grass alive, he does not plan to continue with the effort to install the desalinization equipment. Mayor Jones stated that he plans to support the motion made by Council Member Guerrero because other citizens in Corpus Christi are being very conservative and when they see the water being used at Seaside for lawn watering, it makes them very resentful because it is not accessible to other people of Corpus Christi. Mr. Ryan stated that they plan to produce three million gallons per month after the desalinization plant is installed at a cost of $100,000 and this water would be suitable for swimming pools and similar uses and he would be glad to return water to the City of Corpus Christi. He stated that when the water shortage is over, they would like to have the right to return to the City of Corpus Christi for their water because it is less expensive than desalinization. Mayor Jones stated that probably in the future, a time will come when the City will be glad to have all of its water customers. Council Member Guerrero inquired about the results of the two wells that had been dug, and Mr. Ryan said that the well water is not suitable for watering grass because of the high salt content. Council Member Kennedy stated that he could understand people being upset when they read in the newspaper that Seaside Cemetery is watering their grass, but he agreed with the Board that the water should be allocated since such measures will eventually save the City water. He stated that he supported the Board on this decision because the City could use less water and it is possible that other water could be saved if it could be sold or used for swimming pools and landscaping purposes. He stated that he would vote to oppose the motion. Council Member McComb stated that he felt that it is worth a 60 -day trial period to allow Seaside the use of the water for that time since they will soon desalinate 3 million gallons of water, some of which could be used by other companies in Corpus Christi. ates .._gular Council Meeting August 21, 1984 Page 11 Council Member Guerrero informed the Council that if they did not vote for his motion, they would be subject to even more similar requests. Council Member Berlanga stated that he thought that Mr. Ryan was making a very sensible offer and he was of the opinion that he should be treated as other industries. He stated that he is in favor of working with Mr. Ryan in order to allow him to construct his desalinization plant. Council Member Brown stated that he thought that this was a unique situation and he did not think that there would be very many businesses that would plan to build a desalinization plant; therefore, he felt that they should allow him to use the water for a 60 -day period. Council Member Guerrero stated that if the City Council allows this lawn watering, the entire community would be jeopardized emotionally. Council Member Slavik stated that she will not support the motion to prohibit the water at Seaside because the City will eventually gain much more water than he will be allowed to use during the next two months. Mayor Jones called for the motion to prohibit the watering of lawns by cemeteries, including Seaside Cemetery, and the motion failed to pass by the following vote: Jones, Turner, Guerrero and Mendez voting, "Aye"; Berlanga, Brown, Kennedy, McComb and Slavik voting, "No". * * * * * * * * Mayor Jones called for consideration of Item No. 21 which is an action by motion from the Regular Agenda as follows: 21. Approving the recommendation of the Cable Commission which clarifies the channel location of CBN and religious access channels. The Cable Commission recommends that CBN remain on Channel 10 and that religious access programming be located on Channel 29. City Manager Martin provided background information by stating that the basic issue is the channel location of CBN and the location of the religious access channel. He informed the City Council that the Cable Commission is recommending that CBN remain on Channel 10 and that the religious access programming be on the upper Channel 29. He explained that the alternatives are that the City Council may confirm the action of the Cable Commission or may reverse that recommendation. He further explained that the religious access channel representatives had requested that they be allowed to have four hours of prime time on Channel 10 and the rest of their programming on Channel 29. He informed the City Council that the Cable Commission has not had an opportunity to deal with that compromise solution and he would be in favor of allowing the Commission to provide their comments on this solution before the Council rules on the matter. tes 1.-yular Council Meeting August 21, 1984 Page 12 Council Member Brown stated that he is opposed to the recommendation of the Cable Commission because the religious access programming would lose about 50% of their audience if they have to move to Channel 29 which is not carried on very many viewers' sets. Council Member Kennedy stated that if the suggestion can be technically placed in operation, he would recommend that the four hours of prime time be approved, but if it cannot, he would like to suggest that mid -band channels be used if the religious access program has to be moved to Channel 29. He stated that his question was whether or not it would be possible for them to have four hours on Channel 10 and the remainder of their programs on Channel 29. City Manager Martin stated that he saw no problem with that because Athena Cablevision is carrying the double programming for these two groups now so he was sure that it could be done. Assistant City Attorney Jay Doegey explained that the problem now is that CBN requires that their programming be carried in its entirety, particularly in view of the exposure guaranteed to their advertiser and that is the problem because CBN has a contract with Athena under those terms. He explained that at this time, the religious access programs are interfering with that commitment. He explained further that the franchise between the City and Athena Cablevision includes the provision that they must provide religious access channel and there was no stipulation where that channel should be. He pointed out that the educational programs are on the upper tier now. Mayor Pro Tem Turner stated that she felt that CBN should have Channel 10 but she would like for the religious programming by the local groups be provided a lower tier channel also. She then inquired if any discussion had been conducted about the possibility of moving Channel 8 programs to the upper tier. Mr. Doegey stated that they discussed moving the programs on Channel 8, but Athena Cablevision felt that there was as much interest in KHTV as there is in CBN. Mr. Doegey also pointed out that about 75% of the new TV sets sold are all access channels and the older sets are not cable ready. To one of the Council Member's questions, he stated that they had considered conducting a survey to see how many viewers had the cable ready sets but a scientific survey such as this would cost many thousands of dollars. Council Member Mendez stated that he had read the material in regard to this and he agreed with the report issued by Dr. Etheridge which constitutes a compromise and would allow some prime time for the religious access channel. He stated that the Council needs to decide what is important to the community and pointed out that CBN provides some family-oriented programs. He stated that the religious access programs also are family programs and he felt that the proposed four-hour compromise should be considered. Utes __gular Council Meeting August 21, 1984 Page 13 A motion was made by Council Member Slavik that this matter be sent to the Cable Commission for further consideration to see if a compromise between CBN and the religious access group can be worked out to allow the religious access group approximately four hours on Channel 10 for their programs. The motion was seconded by Council Member Brown. Council Member McComb pointed out that the religious access group is being provided this service free; the other groups that are getting free service are on the upper channels; and stated that he has a problem with sending this back to the Cable Commission recommending a compromise when they were not able to come up with a compromise during their earlier discussions. He stated that he had a real problem with a group that is receiving free service to be allowed to dictate which channel their program should be shown on. Mayor Jones pointed out that this was an item included in the franchise agreement. Mayor Jones then called for comments from the audience. Sister Janie Barrera, Secretary -Treasurer of the Religious Access Group, stated that it would be preferable to have both on the same tier. She stated that they have been working together since 1972 on the religious access programming and in December of 1983, they were told to find an alternative solution and they have been trying to do so. She informed the City Council that her group was originally informed that they could have Channel 10 and she was of the opinion that local groups should have some programming on the first tier. Sister Barrera agreed to having this referred back to the Cable Commission to see if the local religious groups could have something on the lower tier whether it is Channel 10 or some other channel. She assured the Council that if the compromise is agreed to, her group would set up guidelines and have programs on for two hours a day. Mayor Jones asked Sister Barrera how the decision will be made as to which group would be allowed to use the religious access channel for that prime time. Sister Barrera replied that twenty different denominations are using the local religious programming and a decision would have to be made as to which are of better quality and suitable to be shown on Channel 10 if they are limited to a few hours a day. Mrs. George Clark stated that she watched Channel 10 frequently and becomes very irritated when the programs on CBN are pre-empted to allow for the viewing of the local religious groups' programs. She stated that when that is done, she misses seeing some very good speakers and music produced by CBN. She stated that she objected to the quality of the programs sponsored by the local religious groups. rtes a...gular Council Meeting August 21, 1984 Page 14 Mr. Mark Solo, representing CBN from Dallas, Texas, commended the local religious access groups because they are doing a very good job. He asked the City Council if they had received a letter from him and stated that he has been working on this for many months and he objected to this being sent back to the Cable Commission. He explained that CBN is supported by advertising; they, too, provide family entertainment; the morality of the programming for the other commercial channels is not very desirable for children and young people, yet some of the outstanding programs offered by CBN are being pre-empted by the local religious programs and citizens then turn their sets to another channel. He reminded the Council that CBN has a contract for full-time programming and they have had for over a year, but they feel that the problem should be resolved as soon as possible. He recommended approval at this time of the recommendation of the Cable Commission. Council Member Slavik pointed out that the religious access group indicated that they would be satisfied with four hours a day on Channel 10 and questioned what the harm would be in having the Cable Commission consider this proposal. She pointed out that if the religious access group has to go to the upper tier, they would lose many of their viewers. Mr. Solo explained that their advertisers have a product to sell and CBN has a contract for so many commercials; they sign contracts and the time is sold to their advertisers; but suddenly, they are not able to comply with their contracts when their programs are pre-empted for the local group. Council Member Kennedy inquired if the commercials could be shown during the local access programs, and Mr. Solo replied that some of the ads are shown within the shows, not just at the beginning and end of the programs. He also pointed out that some of the products are not suitable for the types of programs being shown at that time. Mr. Andy Grimes, Area Manager of Athena Cablevision, stated that the proposed compromise with CBN is totally unacceptable and stated that it is comparable to ABC or CBS and it is simply not possible to interrupt their programming. He also expressed the opinion that it would be impossible for the religious access groups to determine which program should be shown on Channel 10 and which should be shown on the upper tier channel. He also expressed the opinion that the religious access group wants to continue to use Channel 10 because of the popularity of CBN and the captivity of the viewers by the national network. He stated that his employees receive many, many complaints from CBN viewers about the pre-empting of the CBN programs by the religious access group. He explained that the religious access group has been allowed to schedule programs at any time they desire and pointed out that there are two public educational channels and Athena would not be receptive to moving anything other than the lower education and upper education channels to the mid -band channels. es Rc.,ular Council Meeting August 21, 1984 Page 15 Assistant City Attorney Doegey stated that this could be discussed with the Cable Commission but stated that they had tried to explore every possibility but they did not discuss the possibility of mid -bands. Mr. Grimes expressed the opinion that the lower education channel, which is not being utilized, could share a channel with upper education. Mr. Doegey pointed out that there is so much local religious access programming, they are almost to the point of activating another channel, and if an additional channel is activated, it will have to be on the upper tier. Council Member Kennedy stated that he thought that in the future the mid - band is where the religious access programs need to be because the practice of pre-empting is very bad. No one else spoke in regard to this matter and Mayor Jones called for the vote on the motion to refer the matter back to the Cable Commission for further consideration and it passed as follows: Jones, Berlanga, Brown, Kennedy, Mendez and Slavik voting, "Aye"; Guerrero and McComb voting, "No"; Turner, absent at the time the vote was taken. Noting the number of people who were present for zoning cases, Council Member Guerrero made a motion considered at this time. The motion was seconded by Council Member Slavik following vote: Jones, Guerrero and Slavik voting, Brown, Kennedy, McComb and Mendez voting, "No". the public hearing on the that the zoning cases be and failed to pass by the "Aye"; Turner, Berlanga, Mayor Jones called for consideration of the Consent Motions. 1. Authorizing a public hearing to be held on September 11, 1984, on the closure request of a 25 foot wide street easement located in Lot 7, Block 1, Carroll Place Unit 7. This property is located on the north side of Holly Road 400 feet west of the Carroll Lane intersection. The street easement area is not improved or open on the ground. 2. Authorizing the issuance of a certificate of convenience and necessity for the operation of a taxicab service by Mr. Gary J. Moore, doing business as Robstown-5 Points Taxi. Utes ...ular Council Meeting August 21, 1984 Page 16 3. Accepting the Meadow Park Recreation Center Expansion project and authorizing final payment of $26,654.65 to B & B Builders for this 8th Year Community Development Block Grant project. The total work done on this project by B & B Builders is $96,086.46. The project provided for a 2,000 square foot expansion of the building, restroom renovation, kiln room construction and other building improvements. A contract for this work was originally awarded to La -Man Constructors in May, 1983, but the La -Man firm defaulted on the work which was then completed by B & B Builders. 4. Approval of 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 work uniforms for labor and trades personnel to Uniforms Manufacturing, Inc., based on low bid, for an estimated annual expenditure of $70,375. Sixteen bid invitations were issued and eleven bids were received. Council Member Kennedy referred to item 2 and stated that it was his understanding that some companies are not complying with their franchise agreement with the City in that taxicabs are being sold and the City is not receiving the fees due it. City Manager Martin stated that it is very difficult to enforce the City's ordinance pertaining to taxicabs because it addresses fees according to gross receipts and it is difficult for the City to determine that amount. He stated that it is an old system and he would like to go to a permit system for better control. 5. Approve the purchase of fuel dispensing equipment for Maintenance Services from C. C. Pump Service for the total amount of $14,651.64 based on low bid. Fourteen bid invitations were issued and two bids were received. 6. Bids be received September 12, 1984, for 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 uniforms for the Police, School Crossing Guards, and Airport Security Personnel. 7. Approving the plans and specifications for the George Evans School Area Street Improvements, Phase II project, and that bids be received on September 18, 1984. Streets included in this 9th Year Community Development Block Grant project are as follows: Howard, from Sam Rankin to Brownlee Mestina, from Sam Rankin to Brownlee Sam Rankin, from Caldwell to Comanche Josephine, from Caldwell to IH -37 Access Road (Antelope) Mexico, from Caldwell to IH -37 Access Road (Antelope) :es .. ,ular Council Meeting August 21, 1984 Page 17 8. Approving the following actions on the Spohn Hospital Area Street Improvements, Phase II project: a. The contractor's claim for additional compensation for the removal of concrete base on Elizabeth Street between Santa Fe and Ocean Drive be denied. b. The contractor be granted a 33 day time extension due to utility adjustments and delayed delivery of traffic signalization equipment to supplement the 60 allotted working days, for a total allotted working time of 93 days. c. The project be accepted and remaining funds of $27,974.55 be authorized to Howell Corporation & Isles Construction Company, a Joint Venture. This 8th Year Community Development Block Grant project provided for the reconstruction of Elizabeth Street from Santa Fe to Ocean Drive and the removal and replacement of driveways on Elizabeth Street from Santa Fe to South Staples Street. The total work done on this project is $270,745.50. Mayor Pro Tem Turner referred to item 8 (a) and inquired if the City has established a precedent for dealing with contractors' claims. Assistant City Manager James K. Lontos explained that the contractor can file claims for anything that he feels is due him; the City Staff does not think he has a rightful claim because the contract is clear that it is the responsibility of the contractor to find out the condition of the job before they submit bids. Speaking in regard to the same item was Council Member Kennedy who stated that he has received calls that the signs installed at Spohn Hospital are illegal, and Mr. Larry Wenger of the Planning Department, concurs that they are. City Manager Martin stated that this is being investigated. Mayor Jones inquired about the status of the parking in front of Camp Cleaners, and Mr. Jerry Smith, City Engineer, reviewed the circumstances pertaining to this property owner on Elizabeth Street. He reminded the Council that they had taken additional action to allow for the cleaners to have head -in parking until January of 1986, at which time, the City Council will reconsider the removal of the head -in parking and consider other options. He stated that the property owner has still refused to sign the agreement even though it was changed in accordance with their request. .tes 9ular Council Meeting August 21, 1984 Page 18 City Manager Martin stated that he would suggest that we advise the owner of Camp Cleaners, in writing, that this matter would be reconsidered in November of 1984 since they have refused to sign the agreement. Speaking from the audience was Mr. Ben Donnell, a member of the law firm who is the representative for Camp Cleaners. He stated that he was not aware that a response has not been provided the City from Camp Cleaners and he was not aware that they had refused to sign an agreement, but he assured the Council that he will check on this matter. City Manager Martin suggested that the Council also consider at this time the item listed on an emergency posting on the following item. 8.1. Delaying the receipt of bids on the McArdle Road Sanitary Sewer Sliplining, Phase II Project until September 25, 1984. Bids were scheduled to be received on August 28, 1984. Mayor Jones called for comments from the audience on the Consent Motions. Mr. Terry Moore, speaking in regard to item 2, stated that it was his understanding that some of the other taxicab companies objected to his establishing a new company. He stated that prior to consideration of this item, he had discussed this with the other operators and they have reached an agreement and he has concurred that he will keep his office and operation in the Calallen-5 Points-Robstown Area, and will direct his adveritising only to that area. Mr. Victor Moreno, owner of Red Top Taxicab Company, explained to the Council that there is a fear among taxicab owners in regard to opening new companies. He explained that this is not controlling the size of the industry and it is getting very difficult for the taxicab companies to make a profit. Mayor Jones stated that he did not think that this Council or any other Council should become involved in regulating private businesses because this is not a function of government and he believed in the free enterprise system. Council Member McComb concurred with the Mayor and related his personal experience with the trucking industry which had been deregulated. He stated that through this deregulation, competition has increased and better service is the result. He stated that he did not think that Mr. Moreno's fears are based on reality. Mr. Pinky Eldridge, owner of Pinky's Taxicab Company, stated that he has four taxicabs now so his business has grown, but expressed the opinion that there should be some kind of control over the service and the appearance of the drivers. He stated that he was of the opinion that Mr. Moore would abide by his statement to operate in the 5 -Points Area only and stated that he, personally, would like to have an inspector from the City to force all taxicab companies to bring the taxicabs up to the proper level. es .lar Council Meeting August 21, 1984 Page 19 Council Member Slavik suggested that the taxicab companies form an organization to police their own industry. Mr. Tom Dunn addressed the Council on this issue and stated that he operated a taxicab business in Alaska where the industry was very tightly regulated with strict unions and he did not feel that there was a need for such regulations. He stated that he felt that the individual companies should perform a better job and they would consequently increase their business. There were no further comments from the audience. A motion was made by Mayor Pro Tem Turner that Consent Motions, items 1 through 8.1 be approved, seconded by Council Member Berlanga and passed unanimously. Mayor Jones called for consideration of the ordinances from the Consent Agenda on items 9 through 20. There were no comments from the audience or the Council on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 9. ORDINANCE NO. 18413: AMENDING ORDINANCE NO. 18036 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Spohn Hospital Area, Phase II Elizabeth Street, from South Staples to Ocean Drive; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 10. ORDINANCE N0. 18414: APPROPRIATING $4,447.95 FROM THE NO. 162 FEDERAL/STATES GRANT FUND TO SUPPLEMENT PREVIOUSLY APPROPRIATED FUNDS FOR FINAL CONSTRUCTION OF THE SPOHN HOSPITAL AREA STREET IMPROVEMENTS PROJECT, PHASE II; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". .ate s ...;gular Council Meeting August 21, 1984 Page 20 11. ORDINANCE NO. 18415: APPROPRIATING $20,000 FOR LEGAL FEES AND SERVICES ANTICIPATED AS A RESULT OF THE McARDLE SLIPLINING LITIGATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 12. ORDINANCE NO. 18416: APPROPRIATING $4,500 from the no. 220 STREET BOND FUND FOR APPRAISAL SERVICES BY SIDNEY H. SMITH, III IN CONNECTION WITH THE PURDUE ROAD STREET IMPROVEMENTS PROJECT, PHASE II; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 13. ORDINANCE NO. 18417: AUTHORIZING THE AMENDMENT TO AN AGREEMENT WITH HENRY TUCKER, DEVELOPER, PROVIDING FOR ADDITIONAL SUBGRADE STABILIZATION TO CIMARRON BOULEVARD; APPROPRIATING $8,305.04; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 14. ORDINANCE NO. 18418: CLOSING AND ABANDONING A PORTION OF A 7.5 FOOT WIDE UTILITY EASEMENT OUT OF LOT 21, BLOCK 103, HUNTERS POINT UNIT 2, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 15. ORDINANCE NO. 18419: AUTHORIZING THE EXECUTION OF A RELEASE DOCUMENT FOR THE PURPOSE OF VOIDING THE PARK DEFERMENT CONTRACT FOR THE TOGAVILLE ACRES SUBDIVISION WHICH IS BEING CHANGED FROM A MOBILE HOME SUBDIVISION TO A MOBILE HOME 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, McComb, Mendez and Slavik voting, "Aye". tes filar Council Meeting August 21, 1984 Page 21 16. ORDINANCE NO. 18420: APPROPRIATING $45,000 FOR THE PURCHASE OF A MANAGEMENT INFORMATION SYSTEM AS PROVIDED FOR IN UMTA CAPITAL GRANT PROJECT TX -05-0073-01; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 17. THIRD READING - ORDINANCE NO. 18421: AMENDING THE CODE OF ORDINANCES, SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, WHICH WILL CHANGE THE SPEED LIMIT ON PORTIONS OF SOUTH PADRE ISLAND DRIVE, HORNE ROAD, ALAMEDA STREET, ENNIS JOSLIN ROAD, VIOLET ROAD, AND McKINZIE ROAD; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 18. THIRD READING - ORDINANCE NO. 18422: AMENDING SECTIONS 53-252, SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, AND 53-253, SCHEDULE IV - STOPPING, STANDING OR PARKING DURING CERTAIN HOURS ON CERTAIN STREETS, OF THE CODE OF ORDINANCES BY DELETING AND ADDING DIFFERENT STREET SECTIONS TO THE SCHEDULES; 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, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 19. THIRD READING - ORDINANCE NO. 18423: CLOSING AND ABANDONING THAT 235 FOOT LONG PORTION OF 50 FOOT WIDE ROBBY DRIVE; RETAINING A 10 FOOT WIDE UTILITY EASEMENT ALONG THE EASTERN BOUNDARY; PROVIDING FOR THE REPLAT OF SAID PROPERTY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 20. THIRD READING - ORDINANCE NO. 18424: CLOSING AND ABANDONING THE SOUTH 20 FEET OF A 40 FOOT WIDE ROAD IN LOTS 12, 13, 20, 21, 28, 29, 36, 37, 44, AND 45, ARTEMUS ROBERTS SUBDIVISION; RETAINING A UTILITY EASEMENT AND PROVIDING FOR THE REPLAT OF SAID PROPERTY. utes __gular Council Meeting August 21, 1984 Page 22 The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". Mayor Jones called for consideration of the Actions by Motion on the following items from the Regular Agenda. 21. Approving the recommendation of the Cable Commission which clarifies the channel location of CBN and religious access channels. The Cable Commission recommends that CBN remain on Channel 10 and that religious access programming be located on Channel 29. (This item was previously acted upon -- See page 15) 22. Authorizing the following actions be taken relative to correcting drainage and erosion problems in Turkey Creek from Leopard Street to McKenzie Road: a. A right-of-way acquisition map for this drainage project be approved indicating that 47 separate drainage easements must be acquired for future drainage improvements. b. Necessary appraisal services be authorized along with the acquisition of the 47 separate parcels of drainage easement in Turkey Creek for this project. c. Funds in the amount of $190,000 be appropriated (by separate ordinance) to cover the cost of appraisal services and drainage easement acquisition for the 47 parcels indicated. This project is intended to correct severe erosion and drainage problems in the Turkey Creek bed, to protect abutting properties, and to protect the City's sanitary sewer trunk line from further damage. This easement acquisition program will make the necessary drainage easements available to construct future improvements which would be funded by other sources, such as a future bond program. Council Member Mendez referred to item 22 and stated that he had brought up this drainage and errosion problem when he first became a Member of the City Council. He stated that he wanted to commend the Staff for their work on this problem. He then inquired if there were any proposals for the northern portion that runs through Turkey Creek. Assistant City Manager Lontos stated that they are considering that section but it is not included in this particular recommendation. He explained that this is the first phase to identify which rights-of-way are needed for acquisition. tes filar Council Meeting August 21, 1984 Page 23 Mayor Jones inquired if this is something that the developers should have taken care of at the time the area was developed, and Council Member Mendez stated that most of it was developed before it was annexed. He stated that he had suggested that the property owners donate some of the right-of-way to improve the drainage situation there. A motion was made by Council Member Mendez that item 22 be approved, seconded by Mayor Pro Tem Turner and passed unanimously. Mayor Jones then called for consideration of Actions by Ordinance on the Regular Agenda on items 23 through 25. City Manager Martin stated that he would like to amend item 24 which allows for a waiver of the $25 fee charged by Municipal Court for the issuance of a warrant and change the effective date to read between August 22, 1984 and October 15, 1984 so that it will be effective immediately. In a related matter to Ordinance No. 25 pertaining to Water Conservation, City Manager Martin presented to the Council copies of the notices that will be sent to all residential utility customers which also includes a card for them to mail in indicating the number of residents in their homes. He stated that if a utility customer has college students, they cannot be counted as residents unless they are residing in the home all month. Council Member Brown inquired as to how it can be determined that people are honest in completing their form, and City Manager Martin stated that it is on an honor system and he thought that basically most people will be honest about it. He assured the Council that all of the meters in the City will be read before the allocation is placed in effect but some people will not have their meters read until September 24, and their allocation period will start after that date. There were no comments from the audience on these ordinances. City Secretary Read polled the Council for their votes and the following ordinances were passed: 23. ORDINANCE NO. 18425: APPROPRIATING $190,000 FROM THE NO. 295 STORM SEWER BOND FUND FOR APPRAISAL SERVICES AND DRAINAGE EASEMENT ACQUISITION OF 47 SEPARATE PARCELS ALONG TURKEY CREEK FROM McKENZIE ROAD TO LEOPARD STREET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye", Turner, absent at the time the vote was taken. tes yular Council Meeting August 21, 1984 Page 24 24. ORDINANCE NO. 18426: AMENDING CHAPTER 29, MUNICIPAL COURTS, SECTION 29-18, SAME -- RESETTING OF CASE, OF THE CITY CODE BY WAIVING THE $25 FEE CHARGED FOR THE ISSUANCE OF A WARRANT OF ARREST TO ANY INDIVIDUAL WHO VOLUNTARILY COMES TO MUNICIPAL COURT AND PAYS, DURING THE PERIOD FROM AUGUST 22, 1984 THROUGH OCTOBER 15, 1984, AN OUTSTANDING FINE ON A COMPLAINT FOR WHICH A WARRANT HAS BEEN ISSUED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye", Turner, absent at the time the vote was taken. 25. ORDINANCE NO. 18427: AMENDING CHAPTER 55, ARTICLE XII, WATER CONSERVATION, OF THE CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI, SECTION 55-152, TO PROVIDE FOR ALTERNATE MEMBERS OF THE ALLOCATION AND REVIEW COMMITTEE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye", Turner, absent at the time the vote was taken. Mayor Jones announced the public hearings on four zoning applications. 26. Application No. 784-12, Corpus Christi Independent School District: for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on a tract of land being 4.90± acres out of Lots 29 and 30, Section 14, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Airline and McArdle Roads. Assistant City Manager Tom Utter informed the Council that in response to the twenty-eight notices of the public hearing, two in favor and two in opposition had been returned and that both the Planning Commission and Planning Staff recommend approval. Mayor Jones ascertained that no one in the audience wished to speak in regard to this zoning application. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. In the temporary absence of the City Secretary, Assistant City Secretary Dorothy Zahn polled the Council for their votes on the ordinance and the following ordinance effecting the zoning change passed: to s ..lar Council Meeting August 21, 1984 Page 25 26. ORDINANCE NO. 18428: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOTS 29 AND 30, SECTION 14, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R -1B" ONE -FAMILY DWELLING 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, Brown, Guerrero, Kennedy, McComb and Slavik voting, "Aye"; Mendez, absent at the time the vote was taken. * * * * * * * * 27. Application No. 684-12, Driscoll Foundation Children's Hospital: for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Tract 1 and to "I-3" Heavy Industrial District on Tract 2, Tract 1 being 16.090± acres and Tract 2 being 0.2296± acre, both Tracts out of Tract 1, Hospital Tracts Subdivision, located on the west side of S. Alameda Street, approximately 125' north of Stirman Street. Mr. Utter informed the Council that in response to the fifty-nine notices of the public hearing, seven in favor, two in opposition and one in opposition from outside the area of notification had been received. He stated that both the Planning Commission and Planning Staff recommend approval of "B-4" zoning on Tract 1 but denial of "I-3 on Tract 2 and in lieu thereof, that a special permit be approved for a helipad subject to an acceptable site plan. Mr. Utter stated that the applicant has submitted an acceptable site plan that is acceptable to grant a special permit for Tract 2 and the representatives of the hospital concur with the special permit. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area, explained the location of the two tracts, noting that expansion of the hospital and parking lot will be on Tract 1 and there will be a helipad located on Tract 2. Mayor Jones stated that he has some reservations in having a helipad located so close to a busy street. Mr. Wenger explained that it will be located behind a fence and a hedge; they plan to add some additional storage on to the building; and the helipad must be a certain distance away from the building itself. He stated that this has been reviewed by the Airport Manager and FAA who have approved it. He assured the Council that the helipad will be used very seldom because it will only be utilized on an emergency basis. No one spoke in regard to this zoning case. rtes .__gular Council Meeting August 21, 1984 Page 26 A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Brown and passed unanimously. City Secretary Read polled the Council for their vote effecting the zoning change and it passed as follows: 27. ORDINANCE NO. 18429: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF DRISCOLL FOUNDATION CHILDRENS' HOSPITAL BY CHANGING THE ZONING IN REFERENCE TO TRACT 1, HOSPITAL TRACTS SUBDIVISION, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT AND BY GRANTING A SPECIAL COUNCIL PERMIT FOR A HELIPAD ON A PORTION OF TRACT 1, HOSPITAL TRACTS SUBDIVISION; 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. * * * * * * * * 28. Application No. 784-10, Mr. Mohammad Mojallali: for a change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Lots 3C and 3D, Block 1, J. N. Laughlin Addition, located on the south side of Houston Street, approximately 600' east of Kostoryz Road. Mr. Utter stated that in response to the twenty notices of the public hearing, none in favor, eight in opposition and one additional letter of opposition from outside the area of notification had been returned. He stated that both the Planning Commission and Planning Staff recommend that it be denied and in lieu thereof, that "R-2" zoning be granted. He stated that the opposition was sufficient to invoke the 20% rule. 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. Mayor Pro Tem Turner stated that she is familiar with the area and she is surprised that the Planning Commission and Planning Staff recommend "R-2" when this is a single-family dwelling area. She expressed the opinion that if it is approved, additional requests will be forthcoming. Mr. Wenger stated that the Staff is of the opinion that the "R-2" zoning would provide a buffer between the existing "A-2" density and the "R -1B" area. Mayor Jones called on the applicant or his representative to speak. :e s 2. _lar Council Meeting August 21, 1984 Page 27 Mr. Tom Dunham, 3221 South Staples Street #2, stated that this property was purchased because it was located on a corner and he was of the opinion that the proposed use would be a great improvement over the existing use. He explained that they plan to construct nine units on these lots, but if "R-2" zoning is granted, they would construct seven units which will be in compliance with that zoning. Mr. George Anastos, 3301 Houston Street, read a petition expressing opposition to this request. He read the names of the people who had signed the petition and stated that they are all opposed to any further development because of their objection to the existing apartments and the fact that Houston Street is narrow and has become burdened with the apartment development traffic. He stated that the petition had been signed by six residents of the area. Also speaking in opposition to the request was Mr. Ben Johnson, 3302 Kay Street. Mr. Utter pointed out to those in opposition that if "A-1" zoning were approved, the applicant could construct eleven units but "R-2" zoning would just allow seven units. Mrs. Cenovia De La Garza, 3305 Houston Street, explained that the residents are already overcrowded and they have lived there for many years. She stated that because of the existence of apartments, they no longer have any privacy. Council Member Slavik asked about the dimension of the the lots and Mr. Utter stated that it is 100' by 208'. Also speaking in opposition to multi -family dwellings was Mr. Joe M. Ascension, 3242 Houston Street. He stated that there are a lot of children in the neighborhood and additional apartments would just generate more traffic. No one else spoke in regard to this zoning application. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. City Secretary Read polled the Council for their votes on the ordinance effecting the zoning change and the following ordinance failed to pass: 28. ORDINANCE (Failed to Pass) AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MOHAMMAD MOJALLALI, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 3C AND 3D, BLOCK !, J. N. LAUGHLIN ADDITION, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the following ordinance failed to pass by the following vote: Jones, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Turner, Berlanga, Brown and Kennedy voting, "no". ltes __gular Council Meeting August 21, 1984 Page 28 City Secretary Read informed the Council that the ordinance failed to pass because it did not receive a sufficient number of votes since the 20% rule was in effect which requires seven affirmative votes to approve. 29. Application No. 784-11, Mr. and Mrs. Lauro M. Cuellar: for a change of zoning from "R-2" Multiple Dwelling District to "B-1" Neighborhood Business District on Lot 13, Block 38, Southside Addition No. 4, located on the west side of Kostoryz Road, approximately 62' north of McArdle Road. Mr. Utter informed the Council that in response to the twenty-four notices of the public hearing, four in favor and four in opposition had been returned and that the Planning Commission recommends denial but the Planning Staff recommends denial of "B-1" zoning but in lieu thereof, that "AB" zoning be granted. He stated that the "AB" zoning is acceptable to the applicant and that the 20% rule is in effect. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. He stated that the applicant plans the establishment of an insurance office if the zoning is approved. Council Member Slavik asked why the Staff recommended "AB" zoning, and Mr. Wenger explained that it is across the street from "8-1" and "B-3" zoning and further to the north is also located business zoning. He stated that this is the only area that is not commercial on Kostoryz and the Staff is of the opinion that this would be good transition zoning. Mayor Pro Tem Turner stated that if this application is approved, unquestionably the entire area will be zoned "AB". Mr. Wenger stated that that is the Staff's opinion as well and the Staff would not have recommended "AB" zoning if the business zoning were not already located across the street. Council Member Berlanga informed the Council that the property owner next door to the subject property indicated to him that he, too, would like to have this zoning on his property because he felt that eventually, all of the properties will be zoned "AB". Mr. Wenger stated that the Staff did not recommend approval of "8-1" zoning because of the excess of business use on Kostoryz and the fact that vehicles will have to back out into Kostoryz to gain access to the street. Mayor Jones called on the applicant or his representative to speak at this time. tes _ ,alar Council Meeting August 21, 1984 Page 29 Mr. Jack Keith, 4833 Monica, spoke in favor of the change of zoning. He presented to the Council copies of the plat showing their plans for parking and the location of the structure. He pointed out that most of the houses in the area are rent houses and only two are owner -occupied. He expressed the opinion that their site plan shows a good parking plan. Council Member Guerrero stated that this is located near his residence and he would like to see the area rezoned and he would support "B-1" zoning. Mr. Keith then pointed out the location of the owner -occupied houses. Mr. Lauro Cuellar, the applicant, addressed the Council and stated that he plans to remodel the existing building to serve as an insurance office and he was of the opinion that there will be plenty of area for parking. Mr. Cuellar also stated that he was of the opinion that the property would be improved if he does establish his insurance office. Mr. Utter stated the Staff's initial review of the site plan indicates that their plan meets the requirement of "AB" zoning. Mr. Jimmy Aldridge, 4825 Kostoryz, stated that he has problems keeping renters in his rent house due to the heavy traffic. He stated that there are two houses that are well kept but the other houses are in a rundown condition. He expressed the opinion that everything in the 4800 block should be rezoned "B-1" and he is in favor of the change of zoning. Mayor Pro Tem Turner suggested that all of the property owners should be consulted to see if they would like to have their lots rezoned "B-1". Mr. Utter agreed that this could be done and if all of the property owners agree, the Staff could initiate the zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez and passed unanimously. A motion was made by Mayor pro Tem Turner that the requested zoning of "B-1" be denied but in lieu thereof, that "AB" zoning be approved. The motion was seconded by Council Member Guerrero. Council Member Kennedy stated that he would like to direct the Staff to go ahead and contact the property owners to see if they would be interested in having their property rezoned. The motion to approve the "AB" zoning passed unanimously. utes gular Council Meeting August 21, 1984 Page 30 City Manager Martin stated that he would like to have Director of Finance Charles Daley in the Council Chamber next week to recognize his achievement in obtaining a Certificate of Conformance from Governor Finance Officers' Association. City Manager Martin then referred to a memorandum placed on the Council Table to inform them that Emerald Airlines has announced bankruptcy as of that morning. He stated that they owe the City of Corpus Christi about $30,000 which the City may not be able to collect. City Manager Martin also informed the City Council that Mr. Roger Pearson, Director of Libraries, has announced his resignation effective at the end of September. He stated that Mr. Pearson plans to take a position in the Chicago, Illinois area. He also stated that in their packets was an engineer's report on Exposition Hall and noted that there is a need to work out timetables and discuss other options in connection with that building. He stated that he felt that that building should be demolished as soon as possible. City Manager Martin stated that since it was so late, the personnel matter listed on the agenda can be delayed until the following week. Mr. Martin also informed the Council that the Ad Hoc Water Commission would like to make a report to them the following week and he then briefly explained the water situation and the possibility of alternative sources. Mayor Jones called for petitions or information from the audience on matters not listed on the agenda. Mr. Calvin Floyd addressed the Council and stated that wells could be drilled at Flour Bluff at a cost of $35,000 per well. He stated that it is good water but it has to be treated before it goes into the City lines. Mayor Jones thanked him and stated that the City already has those types of things under consideration. Mr. Frank Dietz, representing the Greens Industry Association, expressed concern about the wastewater distribution system. He expressed the opinion that it should be expanded because long lines are again forming at the Oso Plant to pick up effluent, particularly since there have been no rains this week. He stated that they would still like to have the Council pass a motion or an ordinance to provide for regulations and to provide funds for additional pickup points. City Manager Martin stated that the City can install two additional pickup stations without performing necessary road work and the City Council could authorize charges for the system, either at the source or at some central office on a weekly or annual basis. Council Member Guerrero agreed, stating that he felt that the matter should be removed from the table to consider installation of the additional pickup stations and the necessary permit fees. :es ,.:lar Council Meeting August 21, 1984 Page 31 A motion was made by Council Member McComb that this matter be removed from the table for consideration next week, seconded by Council Member Guerrero and passed unanimously. Mr. Guerrero explained that he would like to have this on the agenda next week with a proposal to install the additional pickup stations. There being no further business to come before the Council, on motion by Council Member Mendez, seconded by Mayor Pro Tem Turner and passed unanimously, the Regular Council Meeting was adjourned at 10:22 p.m., August 21, 1984. DZ/rr