HomeMy WebLinkAboutMinutes City Council - 10/12/1983MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
OCTOBER 12, 1983
2:00 P.M.
PRESENT:
** Mayor Luther Jones
* Mayor Pro Tem Betty N. Turner
Council Members:
David Berlanga, Sr.
Leo Guerrero
Herbert Hawkins, Jr.
Frank Mendez
Mary Pat Slavik
ABSENT:
Deputy City Manager Ernest Briones
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Council Member Charles W. Kennedy, Jr.
Council Member Joe McComb
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Mrs. Blanche de los Santos in the absence of
the invited minister, following which the Pledge of Allegiance to the Flag of the
United States was led by Council Member 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.
A motion was made by Council Member Mary Pat Slavik that the Minutes of
the Regular Council Meeting of September 28, 1983 be approved as presented;
seconded by Council Member David Berlanga; and passed unanimously.
The following proclamations were issued during the week: "ALPHA DELTA
KAPPA WEEK" - October 10-16, 1983; "INTERNATIONAL TOASTMISTRESS
MONTH" - October, 1983; "PROFESSIONAL POLYGRAPH WEEK" - 2nd week of
October, 1983.
* * * * * * * * * * *
iSPP 191984
MICROFILMED
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Mayor Jones then presented a Certificate of Commendation on behalf of the
Council and the City of Corpus Christi to Mr. Nazario Lopez and reviewed the
brave actions of Mr. Lopez who intervened in an attack by a vicious dog
against his neighbor, Mrs. Gracie Gonzalez.
Mayor Jones then explained to the Council and members of the audience
that he will depart the meeting in about 30 minutes to go to Zurich, Switzerland
in an effort to interest investors to locate branches of their businesses in the
City of Corpus Christi. He emphasized the fact that the trip would not be at
City expense.
A motion was made by Council Member Herbert Hawkins that Council
Members Charles Kennedy and Joe McComb, both of whom are out of the City,
be excused for just cause; seconded by Council Member Slavik; and passed
unanimously.
* * * * * * * * * * *
Mayor Jones called for Consideration of the Consent Motions on the
following items:
1. Bids be received November 1, 1983 for 572 tons of clay used for softball
infield maintenance by the Park Division. Estimated expenditure $7,000.
2. Bids be received November 1, 1983 for twelve months supply agreement for
linen and towel service for the Fire Stations, Airport and Libraries.
Estimated expenditure $8,000.
3. Bids be received November 1, 1983 for a video training system for the
Police Department. This item is included in the Revenue Sharing Fund,
1983-84. Estimated expenditure $6,000.
4. Bids be received on November 8, 1983 for outfitting equipment and tools
necessary to operate the Heavy Equipment Maintenance Building currently
under construction at the City Service Center. Estimated cost for this
equipment is $52,000.
5. Bids be received November 15, 1983 for 3,500' of 1 3/4" and 1,500' of 5"
fire hose for the Fire Department. Estimated expenditure $22,000.
6. Plans for N.A.S. Drive Landscaping be approved and bids be received on
November 9, 1983. This project is included in the 8th Year Community
Development Block Grant Program and provides for planting and irrigation
improvements at several large islands on N.A.S. Drive and a the entrance
to the Naval Air Station.
Mayor Jones suggested that some type of ceremony be planned to
commemorate the N.A.S. Drive landscaping project.
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A motion was made by Council Member Slavik that some type of ceremony
be conducted following completion of this project, seconded by Council Member
Berlanga and passed unanimously.
7. Plans and specifications for the Access Road Overlay project at the Airport
be approved and bids be received on November 9, 1983. This project
provides for repairing and overlaying the access roads at the Airport from
U.S. Highway 44 to the loop around the main parking lot. Funds for this
project are included in the 9th Year Community Development Block Grant
Program, Supplemental Appropriation.
8. Podeco Exploration be granted a permit to drill a well from an irregular
location recommended by the Bay Drilling Committee. The State Tact 29/30
Well No. 1 would be directionally drilled to a depth of 10,500 ft. from a
location five miles seaward of Corpus Christi Beach and 10 ft. north of the
Ship Channel right-of-way. The regular location for the well is within a
Corps of Engineers Spoil Disposal area and cannot be used. No other
exceptions to the Bay Drilling Article of the City Code are requested.
9. Purchase of 89 Chinese Tallow, 89 Cottonwood and 39 Live Oak Trees be
approved on low bid from Curries, Inc., Corpus Christi, Texas, for
$13,644.50. Prices have decreased 19% on Chinese Tallow, 12.5% on
Cottonwood and 4% on Live Oak Trees since February, 1983. Five bid
invitations were issued and four bids were received.
Council Member Slavik noted that 89 tallow trees are to be purchased and
referred to the problems in connection with the tallow trees at this time.
Mr. Utter explained that the City makes a practice of purchasing what
they refer to as sacrificial trees -- they grow faster than any kind. He
explained the procedure by which oak trees are planted with Chinese tallow
trees on the periphery of them to provide a wind break. He explained that the
trees to be purchased are guaranteed for one year and some of them are
replacement trees.
Council Member Mendez referred to the fact that the Council had approved
the purchase of even more trees than these. He stated that he would like to
have trees planted in the Violet Road Park and Pool area before next summer.
* Mayor Pro Tem Turner arrived at the meeting at 2:35 p.m.
Mayor Jones referred to Council Member Mendez' request and asked that a
memo be provided the Council as to whether or not these trees can be planted
in that area.
Council Member Berlanga questioned the high cost of the trees, and
Deputy City Manager Briones stated that it is a lesser cost than trees
purchased last year.
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Mr. Briones pointed out that the trees to be purchased have 3" diameter
trunks; four bids were received for the trees; they were competitive bids; and
the Staff recommends purchase of the lowest bid on the trees.
Mayor Pro Tem Turner referred to item 3 and stated that she concurred
with the purchase of this equipment for training of police officers. She
inquired if this item meets the needs of that department, and Mr. Briones
assured her that Chief Bill Banner concurs.
Mayor Pro Tem Turner then stated that she would like to see the training
department's original request for the budget.
Mayor Pro Tem Turner then referred to item 6 and inquired about the
groups which had requested this during the public hearing on the Community
Development Block Grant Program. She inquired if those groups had been
consulted.
Mr. Utter explained that both organizations, which were the Flour Bluff
Business Association and the Flour Bluff Civic League, had worked with the
Parks Department on these final plans.
Assistant City Manager Lontos displayed a transparency and pointed out
the areas where the landscaping will be located.
Mr. Utter stated that representatives of both the Flour Bluff Civil League
and the Flour Bluff Business Association reviewed the plans but they will be
called again for consultation.
There were no comments from the audience on the foregoing items.
A motion was made by Mayor Pro Tem Turner that the consent motions 1
through 9 be approved, seconded by Council Member Mendez and passed
unanimously.
* * * * * * * * * * *
Mayor Jones called for Consideration of the Consent Ordinances and
Ordinances from Previous Meetings.
** Mayor Jones departed the meeting at 2:50 p.m., and Mayor Pro Tem
Turner presided for the rest of the meeting.
Council Member Hawkins referred to Ordinance No. 12 which calls for the
assignment of the lease agreement between the City and Nueces Landing
Company for the purpose of establishing a floating restaurant to Hasslocher
Enterprises, Inc. and approving a collateral assignment of lease to Interfirst
Bank of San Antonio. He pointed out that when these leases were assigned the
Council usually makes an attempt to have local people involved in them, yet this
is being assigned to an out-of-town company.
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Mr. Utter explained that some of the local representatives were present to
answer any questions but he would try to address this. He stated that Mr.
Hasslocher, who is the owner of the Magic Time Machine Restaurants, needs to
have the lease assigned to Interfirst Bank so that financing can be obtained for
the restaurant. He assured the Council that the projects remains the same as
in the original plan and local people are still involved in the project, mentioning
in particular Mr. Jim Brozo who will be in charge of the restaurant. Mr. Utter
further explained that the original lease was modified about six months ago and
a longer term was added but they plan to have the barge restaurant in
operation by July of 1984. He assured the Council also that the restaurant will
be ari outstanding addition to the City.
Mr. Cecil Burney, Attorney for Nueces Landing Company, stated that Mr.
Hasslocher plans to have the restaurant in operation by January of 1984.
Council Member Guerrero referred to items 18 and 19 pertaining to street
improvements to Baldwin Boulevard from Agnes Street to Leopard Street and
inquired if the Staff would be ready to address the sidewalk issue during the
public hearing scheduled for November 9th.
Assistant City Manager Lontos explained that notices have to go out to all
property owners on these streets two weeks in advance and these notices will
not only give the time and date of the public hearing but will describe the
project, contain items pertaining to the assessments and the amount of the
assessments, including sidewalks.
Council Member Slavik referred to item 15 which approves an appropriation
of $557,514 for condemnation award, appraisal services and commissioners' fees
in connection with the acquisition of a parcel of land for the main library site.
She inquired as to why the appropriaton is so much greater than the City's
appraisal of the land, which was $497,116.
Assistant City Manager Lontos explained that when the City goes into
condemnation court, the appraised value is offered; the City's offer was
rejected; they met before the Special Commissioner's Court; and this was the
price that was established for the land. He stated that the City's only
recourse would be to appeal the decision of the Commissioner's Court.
City Attorney Aycock explained that this would probably require a year
before it could even be heard in Court and then, either side would have the
right to appeal which could require an even longer period of time; therefore,
the Staff recommends acceptance of this award.
Council Member Mendez referred to item 17 in regard to change orders for
the Oso Plant project. He stated that the residents of that area are very
concerned about the odor and inquired if any of these change orders will
improve that odor.
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Mr. Lontos explained that the removal of scum may improve the odor
somewhat. He stated that he did not know of any other plant that is odor free
but they are expecting a report from the engineers as to how to reduce the
odor. He explained the reason for these change orders.
Council Member Hawkins expressed the opinion that the ones responsible
for the plans should be responsible for any change orders that are necessary.
Mr. Lontos stated that most of these are not design problems and most of
the problems have to do with the clarifier walls. He stated that payment will
not be made to the engineers until the design is acceptable.
Council Member Hawkins reiterated that the engineers should be penalized
in some way.
Mr. Lontos pointed out that the delay in payment to the engineers is in
effect a penalty, and Mayor Pro Tem Turner asked for a report on this.
Council Member Berlanga referred to another matter and inquired as to
when the McArdle project will be completed.
Assistant City Manager Lontos stated that he did not know because of the
serious problems that have been encountered.
Mayor Pro Teni Turner called on members of the audience to address
ordinances 10 through 27.
Mr. John Stensland, 337 Primrose Drive, referred to item 12 in regard to
Nueces Landing Company and asked about the consequences if the Council
refused to approve this item. He questioned the procedure since bids were
received on this project and also questioned the practice of continuing to assign
leases, particularly to out-of-town people.
Mr. Burney stated that nothing would happen except that the Nueces
Landing Company would have to go elsewhere for the money. He stated that
Mr. Jim Brozo was the originator of the project; he is still very much involved
in the project; they need $2 million for the restaurant and they approached Mr.
Hasslocher in order to obtain the money. He explained that this assignment
just involves a loan approval for Interfirst Bank. He explained that the
Paddlewheel Restaurant is under construction right now and Mr. Brozo will
operate the restaurant.
Council Member Slavik inquired about the height of the Paddlewheel
Restaurant and Mr. Brozo replied that it is three stories tall.
Mr. Paul Carrangelo referred to Ordinance 22 approving a special permit
for Fiesta Gardens, Inc. and stated that 100% of the residents are in favor of
the restrictions. He stated that some of the problems have been addressed by
the submisssion of a site plan but suggested that the letter be examined. He
stated that they would like to request that the passage of the
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ordinance be tabled until everyone has answered the questions and they have
been resolved. He stated that they would like to have a written response to
the letter which they submitted.
Mr. Utter explained that he had talked to Mr. Carrangelo; the residents of
the area had formed an ad hoc neighborhood committee; they are not really
opposed to the operation of Fiesta Gardens but they submitted a letter just
before lunch that day and the Staff has no objections to withdrawing the
ordinance at this time.
A motion was made by Council Member Guerrero that item 22 be withdrawn,
seconded by Council Member Slavik and passed unanimously.
There were re further comments on the ordinances; City Secretary Read
polled the Council for their votes; and the following ordinances were passed:
10. ORDINANCE NO. 17874:
APPROPRIATING $25,000 OUT OF THE 1983-84 TOURIST AND
CONVENTION DEVELOPMENT FUND TO THE PERMANENT ART TRUST
FUND AS RECOMMENDED BY THE MUNICIPAL ARTS COMMISSION; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Turner, Berlanga, Guerrero, Hawkins, Mendez and
Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent".
11. FIRST READING:
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE
NATIONAL WEATHER SERVICE FOR THE RENTAL OF 1663 SQUARE FEET
ON THE SECOND FLOOR OF THE TOWER BUILDING AND JANITORIAL
SERVICES AT CORPUS CHRISTI INTERNATIONAL AIRPORT.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Turner, Berlanga, Guerrero,
Hawkins, Mendez and Slavik voting, "Aye"; Jones, Kennedy and McComb,
"absent".
12. ORDINANCE NO. 17875:
APPROVING THE TRANSFER OF THE CONTRACT AND LEASE AGREEMENT
BETWEEN THE CITY AND NUECES LANDING COMPANY TO HASSLOCHER
ENTERPRISES, INC., AND APPROVING A COLLATERAL ASSIGNMENT OF
LEASE TO INTERFIRST BANK SAN ANTONIO, N.A.; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Turner, Berlanga, Guerrero, Hawkins, Mendez and
Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent".
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13. ORDINANCE NO. 17876:
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR
THE ACQUISITION OF A DRAINAGE EASEMENT IN CONNECTION WITH
THE MAIN DRIVE DRAINAGE IMPROVEMENTS; APPROPRIATING $1,845;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Turner, Berlanga, Guerrero, Hawkins, Mendez and
Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent".
14. ORDINANCE NO. 17877:
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR
THE ACQUISITION OF PARCEL 42 IN CONNECTION WITH THE NAVY
CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $19,531;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Turner, Berlanga, Guerrero, Hawkins, Mendez and
Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent".
15. ORDINANCE NO. 17878:
APPROPRIATING $55,514 FOR THE ACQUISITION OF A PARCEL OF LAND
(PARCEL 1) BY CONDEMNATION FOR THE MAIN LIBRARY SITE LAND
ACQUISITION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Turner, Berlanga, Guerrero, Mendez and Slavik
voting, "Aye"; Hawkins, "abstain"; Jones, Kennedy and McComb,
"absent".
16. ORDINANCE NO. 17879:
APPROPRIATING $1505 FOR APPRAISAL SERVICES PERFORMED BY
THOMAS F. DORSEY IN CONNECTION WITH THE MAI -TAI CONDEMNATION
PROCEEDINGS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Turner, Berlanga, Guerrero, Hawkins, Mendez and
Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent".
17. ORDINANCE NO. 17880:
AUTHORIZING THE EXECUTION OF CHANGE ORDER NOS. 5, 7, 8, 9, 10,
11 AND 15 TO THE CONTRACT WITH F & E ERECTION COMPANY, INC.
FOR THE SECOND PHASE OF THE EXPANSION AT THE OSO WASTEWATER
TREATMENT PLANT; APPROPRIATING $133,087.06; AND DECLARING AN
EMERGENCY.
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The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Turner, Berlanga, Guerrero, Hawkins, Mendez and
Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent".
18. ORDINANCE NO. 17872:
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT
OF:
BALDWIN BOULEVARD (M.H. 408), FROM AGNES STREET TO LEOPARD
STREET;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Turner, Berlanga, Guerrero, Hawkins, Mendez and
Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent".
19. ORDINANCE NO. 17873:
APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF
VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET:
BALDWIN BOULEVARD (M.H. 408), FROM AGNES STREET TO LEOPARD
STREET;
DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST
ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY;
SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL FOR
NOVEMBER 9, 1983 AT 3:00 P.M., IN THE CITY COUNCIL CHAMBERS OF
CITY HALL AT 302 SOUTH SHORELINE BOULEVARD; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Turner, Berlanga, Guerrero, Hawkins, Mendez and
Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent".
20. ORDINANCE NO. 17881:
APPROVING FINAL COST FOR CHANGE ORDER NO. 1 TO THE CONTRACT
WITH McCULLOUGH CONTRACTING COMPANY FOR THE SLIPLINING OF
McARDLE ROAD, PHASE 2; APPROPRIATING $96,622.29; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Turner, Berlanga, Guerrero, Hawkins, Mendez and
Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent".
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21. ORDINANCE NO. 17882:
AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 3 TO THE
CONTRACT WITH SOUTH TEXAS CONSTRUCTION CO. WHICH PROVIDES
FOR ADDITIONAL PAVING AT THE HEAVY EQUIPMENT MAINTENANCE
BUILDING; APPROPRIATING $18,679; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Turner, Berlanga, Guerrero, Hawkins, Mendez and
Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent".
22. (Withdrawn -- See page 4)
23. SECOND READING:
AMENDING CHAPTER 2, ADMINISTRATION, OF THE CODE OF
ORDINANCES TO PROVIDE FOR LIMITATIONS ON TERMS AND SERVICE
ON BOARDS AND COMMISSIONS AND TO PROVIDE FOR THE
APPOINTMENT OF ADVISORY, NON-VOTING MEMBERS.
The foregoing ordinance was read for the second time and passed to its
third reading by the following vote: Turner, Berlanga, Guerrero,
Hawkins, Mendez and Slavik voting, "Aye"; Jones, Kennedy and McComb,
"absent".
24. SECOND READING:
AUTHORIZING THE EXECUTION OF LEASE AGREEMENTS WITH AMERICAN
AIRLINES, INC., CONTINENTAL AIRLINES, INC., EASTERN AIR LINES,
INC., EMERALD AIR, INCORPORATED, AND SOUTHWEST AIRLINES CO.
FOR TERMINAL RENTALS AND LANDING FEES EFFECTIVE AUGUST 1,
1983 FOR A PERIOD OF TWO AND ONE-HALF YEARS.
The foregoing ordinance was read for the second time and passed to its
third reading by the following vote: Turner, Berlanga, Guerrero,
Hawkins, Mendez and Slavik voting, "Aye"; Jones, Kennedy and McComb,
"absent".
25. SECOND READING:
IMPOSINC A CROSS RECEIPTS TAX ON THE CONDUCT OF BINGO GAMES
WITHIN THE CITY; PROVIDING FOR PUBLICATION, AN EFFECTIVE
DATE, AND NOTIFICATION TO THE COMPTROLLER OF PUBLIC
ACCOUNTS; AND PROVIDING FOR SEVERABILITY.
The foregoing ordinance was read for the second time and passed to its
third reading by the following vote: Turner, Berlanga, Guerrero,
Hawkins, Mendez and Slavik voting, "Aye"; Jones, Kennedy and McComb,
"absent".
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26. SECOND READING:
PROHIBITING THE USE OF SEINES OR NETS FOR THE TAKING OF
SHRIMP OR FISH IN CERTAIN WATERS OF CORPUS CHRISTI BAY;
PROVIDING FOR SEVERABILITY AND FOR PUBLICATION.
The foregoing ordinance was read for the second time and passed to its
third reading by the following vote: Turner, Berlanga, Guerrero,
Hawkins, Mendez and Slavik voting, "Aye"; Jones, Kennedy and McComb,
"absent".
27. THIRD READING - ORDINANCE NO. 17883:
PROHIBITING THE USE OF AUTOMATIC FIRE ALARM DIALING DEVICES
FOR DIRECT CONTACT WITH THE FIRE DEPARTMENT; PROVIDING FOR
SEVERABILITY AND FOR PUBLICATION.
The foregoing ordinance was read for the third time and passed by the
following vote: Turner, Berlanga, Guerrero, Hawkins, Mendez and Slavik
voting, "Aye"; Jones, Kennedy and McComb, "absent".
* * * * * * * * * * *
Mayor Pro Tern Turner called for Consideration of the Motions from the
Regular Agenda on the following item:
28. The following actions be taken on the Spohn Hospital Area Street
Improvements, Phase II project, which provides for street reconstruction
in Elizabeth Street from Ocean Drive to South Staples Street:
(1) Plans and specifications for this project be approved and bids be
received on November, 1983.
(2) The City Manager be authorized to enter into an agreement with Camp
Cleaners relative to the timing, financing, and removal of the
Elizabeth Street head -in parking areas.
(3) Spohn Hospital's request for revocable easements to use a portion of
the Elizabeth Street right-of-way for parking be denied.
This is an 8th Year Community Development Block Grant project and was
originally advertised for bids in June, 1983, but bids were postponed
based on concerns of area residents relative to the project.
Assistant City Manager Lontos referred to his memorandum and stated that
the plans for the street improvement have been redrawn with only the portion
from Ocean Drive to Santa Fe to be widened. Mr. Lontos stated that Spohn
Hospital has requested revocable easements to incorporate portions of the
Elizabeth Street right-of-way into their parking lot, but the Staff believes that
in order
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to preserve continuity and increase pedestrian safety, the sidewalk should be
placed in the normal location next to the property line. He stated that Spohn
Hospital has since withdrawn that request.
Mr. Lontos then referred to the problem with Camp Cleaners parking and
stated that an agreement has been prepared whereby (1) the head -in parking
would remain until January 1, 1986; (2) the City would remove the head -in
parking anytime after January 1, 1986 and construct gurb, gutter and
sidewalks across the Camp Cleaners frontage; and (3) Camp Cleaners would pay
the cost of removal of the head -in parking area within 30 days of construction
completion and will sign a lien to this effect. He stated that the Staff is of the
opinion that the decision to allow recessed parallel parking as an alternate
solution should be made now rather than at the end of the two-year period.
Mayor Pro Tem Turner stated that she had been informed that the owner
of Camp Cleaners wants to establish recessed parallel parking on Elizabeth
Street at the end of that two-year period.
Mr. Lontos stated that the Staff could concur with this if all of the
decisions can be made at this time so that everything will be approved.
Council Member Mendez elaborated on the problems that Camp Cleaners
has, noting that their head -in parking on Third Street was eliminated and if
the parking they have on Elizabeth Street is eliminated, they will experience a
problem and a decrease in business.
Mr. Lontos pointed out that the street is being widened to 48' and if that
occurs, parking will have to be limited because it will present an unsafe
situation.
Council Member Mendez pointed out that Spohn Hospital plans to install a
parking garage across the street from Camp Cleaners and the right-of-way on
that side will not be needed. He suggested that that right-of-way be used for
Camp Cleaners.
Mr. Lontos explained the difficulties in shifting the street.
Mayor Pro Tem Turner called for comments from the audience on this item.
Mr. Wilson Calhoun, representing Camp Cleaners' owner, Mr. David
Jackson, suggested that the Council should consider the following problems:
(1) adequately serve Spohn Hospital; (2) respect the integrity of the
neighborhood concept; and (3) not approve anything that would put his client
out of business. Mr. Calhoun referred to a transparency and pointed out
various locations on the street. He questioned the reason for widening the
portion of Elizabeth Street in front of his client's property and objected to the
plan to widen Elizabeth Street. He referred to the parking situation and stated
that the Staff has repeatedly stated that angle parking is unsafe but he then
referred to a report of the State Department of Highways and Public
Transportation which indicates that there is nothing detrimental in having
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head -in parking on a street. He expressed the opinion that it is actually less
dangerous than parallel parking. He assurred the Council that Mr. Jackson
plans to continue the operation of the cleaning establishment and they would
like to have recessed parallel parking after the two-year period.
Council Member Berlanga stated that he had investigated this portion of
Elizabeth Street as it pertained to traffic and he did not see any need for
widening Elizabeth Street in this block in front of the cleaners.
Council Member Slavik suggested that the Staff consider deleting the plan
to widen the street from Third Street to Santa Fe.
Mr. Lontos assurred the Council that they can do anything that they want
to do but they had previously asked the Staff to present a report on Elizabeth
Street in which they suggested a number of recommendations with a long range
projection of future needs. He stated that Santa Fe and Staples Streets
provide access to this area and there is a need to widen Elizabeth.
Council Member Slavik continued by inquiring about the consequences if
the section between Third and Santa Fe Streets is not widened.
Mr. Lontos explained that the Master Street Plan calls for widening
Elizabeth Street all the way to Staples and the Staff recommends the critical
section from Ocean Drive to Santa Fe be widened at this time.
Mr. David Jackson, the owner of Camp Cleaners, expressed appreciation to
the Council for their concern. He stated that he is not the only one concerned
about this because there are three owners who are in the same situation. He
pointed out that the block between Ocean Drive and Third Street is the one
that provides a real bottleneck to traffic. He stated tht if the street is
widened to four lanes, it would just move the bottleneck from that location to
another area. He expressed the opinion that four lanes of moving traffic will
interfere with pedestrians going to Spohn Hospital. He noted that the Staff
plan contemplates the redevelopment of the entire street and this is unfair to
the residents who are there now. He also pointed out that parallel parking will
not provide enough spaces and his business will suffer. He prefers that the
street remain a narrow one.
Assistant City Manger Lontos explained the Staff's position by stating that
the important thing was that the street should be widened because of the
numerous studies of the traffic situation that have been conducted. He stated
that the parallel recess parking is not so important but the Staff definitely feels
that the widening should occur and that the Traffic Safety Advisory Board had
approved this concept.
Speaking on the same matter was Mrs. Catalina Martinez who reiterated
that they do not want the street widened. She referred to a meeting held in
the neighborhood and stated that it was made very clear that they are still
opposed to the widening of Elizabeth Street. She expressed the opinion that
even the widening of a portion of the street would be dangerous to the
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Page 14
residents. She also expressed the opinion that this project may not be eligible
for Community Development Block Grant funding because it primarily would
benefit residents of the Glasscock Fill and they are definitely not low or
moderate income families. She expressed the opinion that the widening is
occuring for the benefit of Spohn Hospital and condominiums on Ocean Drive.
She pointed out that there has been no request from Spohn Hospital and in
fact, one of the administrators stated that the Spohn Hospital does not want
Elizabeth Street widened. Mrs. Martinez reiterated that the commercial
developers of the Glasscock Fill will be the only ones to benefit from the
widening of this street and they certainly do not meet the criteria of CDBG
funding.
Council Member Slavik informed Mrs. Martinez that the Council has set a
public hearing on the Community Development paving assessments to be
conducted at the Bayfront Convention Center on October 25 at 7:00 p.m.
Council Member Mendez questioned the necessity to widen Elizabeth Street,
and Mr. Lontos explained that the City has to design a street for the future
and the Staff feels that as a compromise solution, the street from Santa Fe to
Ocean Drive should be widened which would be adequate for some time in the
future.
Council Member Guerrero inquired if the Staff would consent to giving Mr.
Jackson of Camp Cleaners recessed parallel parking after two years or after
January 1, 1986.
Mr. Jackson interjected that parallel parking is not what he wants because
the number of spaces will be greatly reduced and his business will be hurt.
Council Member Guerrero if he would agree to that though, and Mr.
Jackson stated that he had to agree.
Mayor Pro Tem Turner inquired if this portion of Elizabeth Street is
widened how it would affect the head -in parking.
Mr. Lontos explained again that the Staff recommends that the head -in
parking be allowed for two years or until January 1, 1986, and if the Council
approves, they would grant Mr. Jackson the option to go to recessed parallel
parking at that time.
Mayor Pro Tem Turner suggested that the situation be reassesed in
January, 1986.
Mr. Jackson stated that that kind of agreement would force him to move in
two years whether he wants to or not. He suggested consideration be given to
eliminating parking on the other side of the street.
Mayor Pro Tern Turner reminded Mr. Jackson that the Staff recommends
widening the street to Santa Fe and the Council is trying to reach some kind of
compromise. She stated that the Staff recommends that the head -in parking be
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Page 15
allowed until January, 1986 at which time they could install off-street parallel
parking or as a third option, the Staff could reconsider the requirement to go
to recess parallel parking at that time.
Council Member Mendez reminded Mr. Jackson that he had considered the
possibility of reaching some kind of an agreement with the property owners at
the rear of his property to possibly establish off-street parking. He pointed
out that perhaps in two years, something could be worked out with that
property owner so that parking could be provided at the rear of the building.
Council Member Slavik pointed out that since the Staff is willing to
reassess the situation in two years, Mr. Jackson may have another option.
Mr. Lontos stated that there can be a condition included in the agreement
that after the two-year period, the Council could then allow Mr. Jackson to
continue the head -in parking.
A motion was made by Council Member Guerrero that the agreement with
the Camp Cleaners' owner in regard to the parking situation be revised as
follows:
(1) head -in parking will be allowed to continue until January 1, 1986;
(2) in 1986, the City will reevaluate the need for recessed parallel
parking in front of Camp Cleaners; and
(3) that the other actions included in item 28 be approved with the
exception of No. 3 since Spohn Hospital's request for revocable
easements has been withdrawn.
The motion was seconded by Council Member Mendez and passed
unanimously.
* * * * * * * * * * * *
Mayor Pro Tern Turner announced the public hearing on the following item:
30. 3:15 p.m. - Assessment hearing on improvements to the following streets
for the Surfside to Timon Boulevard Connection project: Coastal Avenue,
from North Shoreline Boulevard to Timon Boulevard; Surfside Boulevard,
from Bridgeport Avenue to Timon Boulevard; and Timon Boulevard, from
Surfside Boulevard at Elm Street to Surfside Boulevard at Coastal Avenue.
The roll provides for assessments of $37,882.12 on 9 items.
Council Member Berlanga stated that it was his understanding that some
residents on Timon Boulevard plan to appear before the Council today to
present petitions because of their objections to the one-way traffic planned for
Timon Boulevard.
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Page 16
Assistant City Manager Lontos stated that all of the residents were notified
of the hearing. He explained the project by stating that it was started several
years age; the traffic plan shows one-way traffic on Timon Boulevard and on
Shoreline Boulevard; and based on that plan, the City conducted a public
hearing in the area of Corpus Christi Beach with the plans designed for
one-way streets in that manner. He stated that the public hearing was
conducted on July 9, 1980; all of the plans were presented; and the general
consensus of the hearing, which was well attended, was the residents of that
area agreed with the plan. He stated that this background information was
provided because it ties into the plan for the Shoreline-Timon connection which
is under consideration today. He explained that the plans had been prepared
for this project in accordance with the consensus of the residents at that time.
He assured the Council that the entire plan for traffic on Corpus Christi Beach
was discussed at that hearing and other meetings conducted in that area.
Mayor Pro Tem Turner agreed, stating that the decision of the Council was
based on the fact that there was no opposition from the residents at that public
hearing.
Council Member Berlanga pointed out that that hearing was conducted
before the damage inflicted by Hurricane Allen. He pointed out that there have
been many changes and many new owners since that time, and evidently many
property owners are opposed now to that plan.
City Attorney J. Bruce Aycock stated that this public hearing is
conducted in order to allow the Council to hear testimony about the project and
interested citizens to provide comments in regard to the assessment. He stated
that it is required by State law and called as his first witness, Mr. Gerald
Smith, P.E., City Engineer, to explain the scope of the project. He stated
that under the law, the total of the assessment cannot exceed the value of the
improvements to the property.
Mr. Aycock questioned Mr. Smith and established his qualifications to
testiy, noting that a copy of his resume is on file in the City offices.
Mr. Smith testified that in 1982, bonds were approved for this project.
He displayed plans for this connection stating that they were prepared in the
City's Engineering Department. He stated that the Staff has been working for
several months to acquire right-of-way for this project and pointed out that
this is an area of Timm Bculevard which is on the ground. He noted that the
project is behind a restaurant called, "The Spanish Kitchen" and this is a part
of the plan for one-way traffic on North Shoreline Boulevard which has recently
been completed. He informed the Council that bids for the project were
received on August 17, 1983 with only two bidders and the low bidder was
Heldenfels Brothers for $234,533.83. He stated that the abutting properties will
have access to the one-way lanes and the scope of the work extends from
Coastal Street to Kleberg. He explained that this is the first phase of the
project and additional work is planned for the future. He explained the plan
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October 12, 1983
Page 17
by stating that it will take the traffic from the ramp off the Harbor Bridge and
move it to the north to prevent stacking of traffic which is occurring at this
time
Mr. Smith referred to the assessment roll and stated that it was prepared
in accordance with the current assessment policy and that the total value of the
roll is $37,882.12 with the City's portion to be $196,651.71. He stated that the
contractor will have 60 working days to complete the project.
Mr. Mendez referred to the map and stated that the matter that Council
Member Berlanga referred to concerns the portion planned for the future which
involves the present off -ramp. He stated that there has been an objection
registered to the plan to move the off -ramp.
Mr. Smith referred to the future plans and informed the Council that
funds are available from the 8th and 9th Year Community Development Program
as well as the bond program for the portion planned for later.
Mayor Pro Tem Turner pointed out that the property owner mentioned by
Council Member Berlanga has nothing to do with this portion being considered
today.
City Attorney Aycock called as his next witness Mr. George N.
Paraskevas, Realtor. Mr. Aycock questioned him and determined that he is
qualified to testify as a real estate appraiser and that a copy of his
qualifications is on file with the City.
Mr. Paraskevas stated that he has appraised property for many years and
that he has examined each and every parcel of land connected with this project.
He testified that in his opinion, each and every piece of property will be
enhanced at least in the amount of the assessment.
There were no comments from the audience.
A motion was made by Council Member Hawkins that the hearing be closed,
seconded by Council Member Berlanga and passed unanimously.
* * * * * * * * * * *
29. 3:00 p.rn. - Assessment hearing for the construction of concrete sidewalks
to serve Fannin Elementary School, Martin Junior High School, and Miller
High School in accordance with the School Sidewalk Program, Phase I
project. The roll provides for assessments of $3,280.95 on 4 items.
Mr. Gerald Smith, P.E., City Engineer, whose qualifications had
previously been established in the assessment hearing on improvements to the
Surfside to Tilton Boulevard connection project, explained the project and its
scope. He explained that this is to serve schools in the City and that the City
proposes to construct sidewalks to serve Fannin Elementary School, Martin Jr.
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October 12, 1983
Page 18
High School and Miller High School. He informed the Council that the
assessments do not apply to any property abutting the street in front of Fannin
School or Martin Jr. High School but they do concern the property near Miller
High School on Rose and Pierpont Streets.
Mr. Smith explained that the plans were prepared by the City's
Engineering Department and the low bidder was Garcia Construction Company at
a price of $15,700. He stated that there are only two property owners on the
roll for a total of $3,280.95 and explained that only 30 working days will be
required to complete the project.
Mr. George Paraskevas, who is a Texas Licensed Real Estate Broker and
Appraiser, testified that he had examined the property and felt that the
property will be enhanced at least in the amount of the assessments.
No one else spoke in regard to this case.
A motion was made by Council Member Mendez that the hearing be closed,
seconded by Council Member Berlanga and passed unanimously.
* * * * * * * * * * *
Mayor Pro Tem Turner announced the public hearings on three zoning
applications.
31. Application No. 883-14T - Messrs. J. R. Ewing and E. H. Moore: to
consider a proposed change to the text of the City Zoning Ordinance #6106
to amend Article 31, Newly Annexed Territory, by amending Section 31-5
by adding thereto one new subsection to be numbered 31-5.54 setting forth
a zoning classification of "B-1" Neighborhood Business District on Tract 1,
"A-1" Apartment House District on Tract 2, "R-1 C" One -family Dwelling
District on Tract 3, "R -1B" One -family Dwelling District on Tract 4, and
"R-2" Multiple Dwelling District on Tract 5 when annexed to the City of
Corpus Christi, located at the intersection of Weber Road and County Road
26, Tract 1 being 2.88± acres, Tract 2 being 3.11± acres, Tract 3 being
23.16± acres, Tract 4 being 20.01± acres, and Tract 5 being 1.75± acres,
all Tracts out of Lot 4, Section 11, Bohemian Colony Lands.
Assistant City Manager Utter explained that this property is outside the
City limits and it is for prezoning. He explained that the request is for the
following zoning: Tract 1 - "B-1"; Tract 2 - "A-1"; Tract 3 - "A -1C"; Tract 4
- "R -1B"; Tract 5 - "R-2". Mr. Utter stated that there was no response to
the four notices of the public hearing that were mailed and that the Planning
Commission recommended approval as follows on the various tracts: Tract 1 -
"B-1"; Tract 2 - "A-1"; Tract 3 - "R -1C" Tract 4 - "R-1 B" and they
recommend that the "R-2" requested zoning on Tract 5 be denied and that
"R-1 B" be granted on this property. He stated also that the Staff recommends
the same as the Planning Commission with the exception of Tract 1 on which
they recommend denial of "B-1" and that "A-1" be approved and they also
recommend "R-2" zoning on Tract 2.
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Page 19
Mr. Larry Wenger, Director of Planning, located the area on a zoning and
land use map, described the land use in the surrounding area, showed slides of
the vicinity and stated that the developer plans to develop the property with
the uses allowed under the requested zoning. He explained that the Staff
recommends that the "B-1" request be denied and that "A-1" be approved
instead because it is not on an arterial street.
Mayor Pro Tem Turner invited the applicant to speak.
Mr. Edgar Moore, 3833 Apollo Road, responded to the Staff
recommendation. He stated that they removed Tract 5 from the request because
they now agree to have it zoned "R -1B" which is the zoning that would be
assigned to it when it is annexed.
Mr. J. R. Ewing, one of the applicants, displayed a map of the area and
Mr. Moore pointed out the relationship with this piece of property to other
property that they had developed. He pointed out an area on which they are
constructing a community center with a park, a pool and tennis courts to serve
the residents in the adjacent subdivision. He informed the Council that the
subject tracts are more than one mile from Saratoga and no businesses are
located anywhere in the area; therefore, they feel that "B-1" zoning should be
allowed somewhere in such a large neighborhood. Mr. Moore stated that they
plan to rename this subdivision, "Weber -Glen" and they plan to construct a
small neighborhood shopping center on Tract 1 and it will be located 150' from
Weber Road.
Council Member Guerrero inquired about the number of units they plan for
the "A-1" zoned property, and Mr. Moore replied that 56 units would be
allowed. Mr. Moore continued by stating that the planned businesses are
primarily neighborhood types to serve the subdivisions between Weber and
Everhart. Ile pointed out that if the businesses are located on their Tract 1,
it would be safer for the children and others in the neighborhood.
No cne else spoke in regard to this zoning application.
A motion was made by Council Member Cuerrero that the hearing be
closed, seconded by Council Member Hawkins and passed unanimously.
A motion was made by Council Member Guerrero that the Council concur
with the recommendation of the Planning Commission and grant the zoning
according to their recommendation; seconded by Council Member Berlanga; and
passed unanimously by those present and voting.
City Secretary Read polled the Counci for their vote on the ordinance
effecting the zoning change and the following was passed:
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Page 20
31. ORDINANCE NO. 17884:
AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY
ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 SUBSECTION,
31-5.54, SETTING FORTH ZONING CLASSIFICATION OF SAID AREA OF
LAND DESCRIBED AS TRACTS 1, 2, 3, 4, AND 5, ALL OUT OF LOT 4,
SECTION 11, BOHEMIAN COLONY LANDS; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Turner, Berlanga, Guerrero, Hawkins, Mendez and
Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent".
* * * * * * * * * * *
32. Application No. 983-2, Mr. John A. Mourelatos et ux: for a change of
zoning from "R -1B" One -family Dwelling District to "AB" Professional
Office District on Lots 1 and 2, Block 7, Highway Village 2, located on the
southeast corner of Leopard Street and McCain Drive.
Mr. Utter informed the Council that in response to the fifteen notices of
the public hearing that were mailed, two in opposition and two in favor were
returned. He stated that both the Planning Commission and Planning Staff
recommend approval.
Mr. Wenger located the property on the zoning and land use map,
described the land use in the surrounding area, showed slides of the vicinity
and stated that the applicant plans the establishment of a ballet studio and a
residence at this location.
Council Member Mendez pointed cut that this is in an area that would
conform to the zoning in the vicinity and he feels that the requested zoning is
appropriate.
No one spoke in regard to this application.
A motion was made by Council Member Guerrero that the hearing be
closed, seconded by Council Member Slavik and passed unanimously.
A motion was made by Council Member Guerrero that the Council concur
with the recommendation of the Planning Commission and grant the requested
zoning of "AB" for Application Nc. 983-2; seconded by Council Member Slavik
and passed unanimously.
City Secretary Read polled the Council for their votes and the following
ordinance was passed:
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October 12, 1983
Page 21
32. ORDINANCE NO. 17885:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JOHN A.
MOURELATOS ET UX BY CHANGING THE ZONING MAP IN REFERENCE TO
LOTS 1 AND 2, BLOCK 7, HIGHWAY VILLAGE 2, FROM "R -1B"
ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE
DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Turner, Berlanga, Guerrero, Hawkins, Mendez and
Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent".
* * * * * * * * * * * *
33. Application No. 983-4, Sun Markets, Inc.: for a change of zoning from
"R -1B" One -family Dwelling District to "B-4" General Business District on
Lot 1, Block 1, Noakes Partition, located on the north side of Interstate
Highway 37 at Violet Road.
Assistant City Manager Utter informed the Council that in response to the
nine notices of the public hearing that were mailed, two in favor and none in
opposition had been returned, but the City had received a petition with 31
signatures from residents outside the area of notification expressing opposition.
He informed the Council that the Planning Commission and Planning Staff both
recommend approval.
Mr. Wenger located the area on the zoning and land use map, described
the land use in the surrounding area, showed slides of the area and stated that
the property is vacant at this time and Sun Markets, Inc. plans to establish a
convenience store at this location.
Council Member Guerrero inquired about the source of the petition in
opposition, and he was informed that it was from residents on the other side of
the freeway.
Council Member Slavik referred to the petition which stated that Sun
Markets is not needed in the area, and Mr. Wenger explained that there was
some opposition from the residents of the Jackson Place Subdivision at the
Planning Commission hearing.
Mayor Pro Tem Turner invited the applicant to speak.
Mr. Richard Kirk, 4926 Elmhurst, representing the applicant, stated that
there are very few places to purchase gas or small items in this area. He
expressed the opinion that this freeway location is an excellent place on which
to locate a convenience store and some of the property owners on their side of
the freeway are in favor of the requested zoning.
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October 12, 1983
Page 22
Council Member Guerrero asked about the possible tax revenue to be
generated from a facility such as Sun Market, and Mr. Utter stated that he was
not sure but it would probably be more than the tax generated from twenty
residents.
Mr. Guerrero expressed the opinion that the Council should examine zoning
in relation to the neighborhood as a whole.
Council Member Mendez stated that the residents of Jackson Place are
opposed because of the traffic exiting the freeway. He questioned whether the
construction of a Sun Market would contribute adversely to additional traffic in
the neighborhood.
Also speaking in opposition to the request was Mrs. Doreen Swakon, 11121
Timbergrove. She stated that she objects to a convenience store at this
location because it will contribute to the already high traffic volume. She
suggested that a preferable use would be for office type businesses on this
tract which would not generate such a high amount of traffic. She also stated
that office type zoning would provide a good transition.
Council Member Slavik inquired about the possibility of granting "B-1"
zoning because she did not feel that "B-4" zoning is appropriate.
Mr. Wenger explained that a convenience store or service station could be
located in "3-1" zoning and the only difference in "B-1" and "B-4" zoning is
the size of the signage that is allowed.
A motion was made by Council Member Guerrero that the hearing be
closed, seconded by Council Member Berlanga and passed unanimously.
A motion was made by Council Member Guerrero that the Council concur
with the recommendation of the Planning Commission and Planning Staff and
grant the zoning of "B-4" for Application No. 983-4; seconded by Council
Member Berlanga; and passed unanimously.
City Secretary Read polled the Council for their vote on the ordinance and
the following was passed:
33. ORDINANCE NO. 17886:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SUN
MARKETS, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO LOT
1, BLOCK 1, NOAKES PARTITION, FROM "R -1B" ONE -FAMILY DWELLING
DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Turner, Berlanga, Guerrero, Hawkins, and Mendez
voting, "Aye"; Slavik voting, "No"; Jones, Kennedy and McComb,
"absent".
* * * * * * * * * * *
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Page 23
Deputy City Manager Friaries referred to an invitation sent to the Council
from the Chamber of Commerce for a Workshop to be conducted on November 4,
1983 at Holiday Inn. He explained that the date will be changed to Tuesday,
November 22nd at the Convention Center from 9:00 a.m. to 5:00 p.m.
Council Member Cuerrero informed the Council that Sergeant Ruben
Cisneros had been appointed to the State Commission on Law Enforcement
Officers Standards - Education and he was of the opinion that the Council
should honor Sergeant Cisneros for this accomplishment. Council Member
Guerrero then made a motion that a resolution be prepared to honor Sargent
Cisneros for this appointment.
The motion was seconded by Council Member Hawkins.
Mayor Pro Tem Turner asked that this be on the agenda next Wednesday.
Council Member Guerrero suggested that Sergeant Cisneros be notified and
that Police Chief Bill Banner be asked to attend the meeting when the resolution
is presented to Sergeant Cisneros.
* * * * * * * * * * *
Mayor Fro Tem Turner called for petitions or information from the audience
en matters not scheduled on the agenda.
Mrs. Paula Craft, 4133 Walnut Hill Drive, explained to the Council that a
serious injury had occurred that involved her three-year old son who was
bitten by a dog owned by her next door neighbor. She stated that other
neighbors' children have already been bitten and the dog is allowed to roam
around the neighborhood and the neighbors are in the process of preparing a
petition in regard to this. Mrs. Craft explained that she had been unable to
obtain any cooperation from the system because the ordinance is difficult to
enforce. She presented a statement explaining the events that occurred when
her son was bitten and there was no proof that this dog had rabies shots, yet
he was allowed to remain at his home. She provided copies of the form in
which the portion pertaining to the rabies shots was not signed. She stated
that there is also no proof that the dog was under observation during the
required time period. She stated that she had talked to Chief Prosecutor
Elizabeth Wynn who had requested that she not call anymore.
Council Member Guerrero asked for further explanation of the accident,
and Mrs. Craft stated that the dog was not in his yard but her little boy stuck
his finger in the fence and the dog bit the end off of it.
Council Member Hawkins expressed the opinion that the City should have
stricter penalties for dogs that bite people and that the ordinance should be
amended to take care of dog bites, particularly if they occur more than once.
He suggested that the Animal Control Advisory Board be asked to examine the
ordinance as it pertains to dogs that bite.
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October 12, 1983
Page 24
Mayor Pro Tem Turner stated that it is definitely someone's responsibility
to determine if the dog has had his rabid shots, and Deputy City Manager
Briones stated that the Staff will check this immediately. He asked Mrs. Craft
if she had appeared before the Animal Control Advisory Board and Mrs. Craft
responded negatively.
Mrs. Craft suggested that if a dog bites an individual either on or off his
property just one time, the owner should have to tie the dog and warn the
public that the dog bites and to beware of the deg or keep the dog inside a
house.
Mayor Pro Tem Turner suggested that the Animal Control Advisory Board
be made aware of this incident.
Mr. Briones sugcested that Mrs. Craft discuss this with Alicia Perez,
Assistant to the City Manager.
Council Member Guerrero suggested that copies of the correspondence
pertaining to the incident be sent to the owner of the dog.
On another matter, Council Member Guerrero explained that when they
attended the Texas Municipal League Meeting in Houston, the Council Members
ncted that there are pictures of the Council Members in the Airport Terminal.
He stated that he had discussed this with City Council Members from Houston
who felt that this is a good idea so that the residents will be aware of who
their Council Members are.
A motion was made by Council Member Guerrero to instruct the City
Secretary to have pictures of the Council Members installed at the Airport and
at the Convention Center; seconded by Council Member Mendez.
Mayor Pro Tem Turner suggested that the expense of this might possibly
be borne by each individual Council Member.
The motion as made by Council Member Guerrero passed.
There being no further business to come before the Council, on motion by
Council Member Mendez, seconded by Council Member Berlanga and passed
unanimously, the Regular Council Meeting was adjourned at 5:55 p.m., October
12, 1983.
* * * * * * * * * * *
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