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HomeMy WebLinkAboutMinutes City Council - 03/12/1985MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 12, 1985 2:00 P.M. Present: Mayor Luther Jones *Mayor Pro Tem Betty N. Turner Council Members: David Berlanga, Sr. Welder Brown Leo Guerrero **Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik City Manager Edward A. Martin City Attorney J. Bruce Aycock Acting City Secretary Dorothy Zahn Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Gene Stewart of Reach Out for Christ Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Frank Mendez. Acting City Secretary Dorothy Zahn called the roll and verified that a necessary quorum of the Council and the required Charter Officers were present to conduct a legally constituted meeting. *Mayor Pro Tem Turner arrived at 2:07 p.m. Council Member Mary Pat Slavik asked that the minutes of March 5, 1985, be corrected on page 18 to reflect that she voted no on Ordinance 27. A motion was made by Council Member Slavik that the minutes of March 5, 1985, be approved as corrected, seconded by Mayor Pro Tem Turner, and passed unanimously. Mayor Jones announced the bid opening on the following: Bid opening and award of oil and gas lease: A three year primary term oil and gas lease for the City's mineral interest in one acre comprised of lots in Flour Bluff Park Subdivision. The lease provides that the City receive a 20% royalty but does not allow use of the land surface. The minimum acceptable bid is $300. Lease to be awarded by Council motion immediately after all bids have been opened. Assistant City Manager Bill Hennings opened bids from Mr. John Sullivan, in the amount of $401.85; and Exxon, in the amount of $300.00. MICROFILMED Minutes Regular Council Meeting March 12, 1985 Page 2 A motion was made by Council Member Mendez that the Council award the bid to John Sullivan in the amount of $401.85, seconded by Mayor Pro Tem Turner and passed unanimously by those present and voting. Mayor Jones announced that the U.S. Conference of Mayors was conducting a photography contest entitled "A Day In The Life of America's Cities" and all entries are to be submitted to the Mayor's Office. He noted that the photograph must be taken on March 20, 1985 and the deadline for submission is April 19, 1985. Council Member Mendez suggested that information about the contest be provided the photography classes at Del Mar College. Mayor Jones called on Dr, Maria Luisa Garza to make a presentation on the Council de la Raza Runaway Shelter. Dr. Garza thanked the Council for the $200,000 that was provided to start the runaway shelter. She informed the Council that the shelter has been built and she wanted to also thank Tom Utter, Henry Flores, and Kelly Elizondo for the help they provided in solving some of the difficulties encountered throughout the building process. She informed the Council that it took time to get the licensing for the shelter; they have established a linkage with other agencies; they have had 55 youths come to the shelter, and most who have returned to their parents are still receiving services from the shelter by means of a counselor. She further stated that the shelter is open 24 hours per day, and she invited the Council Members to visit the shelter any time they wished. Council Member Slavik congratulated Dr. Garza on the service she has provided the community and inquired as to what the average stay was for a runaway. Dr. Garza replied that state law regulates the maximum period, which is 30 days. She stated that in some instances a youth can stay longer than 30 days, if ordered by the court. She further stated that in some cases the Department of Human Resources is notified to find long-term placement. Council Member Guerrero stated that he takes pride in the shelter and asked about the average occupancy. Dr. Garza stated that the shelter is always full, but they try to keep one bed available. In reply to a question from Council Member Brown, Dr. Garza explained that there are two types of runaways -- those with internal conflict who cannot adjust to authority, end those from broken homes who need family support to go through the transition of childhood to adulthood. Dr. Garza informed the Councilthat the child's parents and the police department are immediately notified when their child comes to the shelter, and the parent must sign a release for the services the shelter provides. Minutes Regular Council Meeting March 12, 1985 Page 3 Mayor Pro Tem Turner cow. ended runaways within the community. Council Members Berlanga and Dr. Garza for solving the problem of Mendez echoed Mrs. Turner's statements. Dr. Garza thanked the Council again, and especially thanked them for appointing her to the Drug and Alcohol Abuse Task Force. * * * * * * * * * * * * * Mayor Jones called for consideration of the supplemental agenda. 1. Approving recommendations of the Aid Ambulance Advisory Committee concerning the future operations of emergency medical services with quarterly reports to the Council on the progress of the services. A motion was made by Council Member Guerrero that the foregoing item be approved, seconded by Council Member Mendez and passed unanimously. **Council Member Charles Kennedy arrived at 2:31 p.m. Acting City Secretary Zahn polled the Council for their vote on the ordinance listed on the supplemental agenda, regarding House Bill 2216, and it passed as follows: RESOLUTION NO. 18742 SUPPORTING REMEDIAL LEGISLATION, AMENDING ARTICLE 970A, THE MUNICIPAL ANNEXATION ACT BY INCLUDING THE "TOURIS'T INDUSTRY" IN THE DEFINITION OF INDUSTRIAL DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez, McComb, and Sl.avik voting "aye." * * * * * * * * * * * * * Mayor Jones called for consideration of the consent motions on the following items: 1. Approval of specifications and authorization to receive bids April 3, 1985, for a twelve months supply agreement, with an 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 approximately 2,350 ft. of chain, 482 hooks and cold shuts, 1300 lbs. of rope, 27,000 ft. of wire rope and guy wire, and 247 wire rope clips to be stored in the City Warehouse. Estimated expenditure is $11,415. 2. Approval of specifications and 1985, for a twelve months supply additional twelve months, at the approval of the supplier and authorization to receive bids March 27, agreement, with an option to extend for an same terms and conditions, subject to the the City Manager, or his designee, for Minutes Regular Council Meeting March 12, 1985 Page 4 computer ribbons and magnetic tapes for Data Processing Department. Estimated expenditure is $9,000. 3. Approval of specifications and authorization to receive bids April 3, 1985, for a trenching machine with backhoe attachment for the Gas Division. Equipment is included in the 1984-85 Capital Outlay Budget with an estimated expenditure of $22,000. 4. Approval of specifications and authorization to receive bids April 3, 1985, for a twelve months supply agreement, with an 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 gas meters. Estimated expenditure is $68,000. Approving the purchase of twenty-two trucks used by various City depart- ments, based on low or best (diesel) bids, as follows: a. Tradewinds Ford Sales Bid item 3, 1 each @ $15,443.00 Bid item 10, 1 each 0 $31,130.00 Total: $46,'i71.00 c. Eda.,urn J.ntci na i._i.onai. Bid item 4, 2 each @ $14,885.00 Bid Item 5, 3 each @ $15,582.00 Bid Item 6; 10 each @ $19,409.00 Bid Item 7, 1 each O. $15,826.00 Bid Item 8, 2 each @ $19,263.00 Bid Icem 9 1 each @ $26,530.00 Total: $351,488.00 GRAND TOTAL: $410,112.60 AMOUNT BUDGETED: $429,057.00 b. Creveling Motors Company Bid Item 2, 1 each Total: $12,051.60 6. Approving the purchase of a multi --channel tape logger to be used by the Police and Fire Departments (911 System) from Dictaphone Corporation, on the basis of low bid, for the total amount of $22,752. This item is included in the 1984-85 Revenue Sharing Budget. 7. Approving the purchase of four sludge containers with four dollies to be used at the Oso Water Reclamation Plant, based on low bid from May Fabricators, for the amount of $26,162.76. Six bid invitations were issued, two bids were received. These items are included in the 1984-85 Capital Outlay Budget. Council Memher Slavik refereed to item 7 and asked for an explanation of a sludge container. Assistant City Manager James K. Lontos explained that the containers are used to store the sludge and also to transport the sludge to the landfill. Minutes Regular Council Meeting March 12, 1985 Page 5 City Manager Martin interjected that the Council had previously discussed the shortage of these containers:. 8. Approving the purchase of one 18 ft., 3 -wing, self-propelled flail mower for the Gabe Lozano Sr.. Golf Center from Waukesha Pearse Industries, based on low bid meeting specifications for $33,675. Price has increased 6% since last purchase February, 1983. Seven bid invitations were issued and four bids were received. 9. Approving Change Order No. 1 in the amount of $7,824.94 to the Allison Wastewatez Treatment Plant Final Improvements project. Change Order No. 1 provides for the relocation of an existing sludge line which runs through the proposed location of a new concrete digester basin and grit removal basin. The sludge line was installed by City crews and was not originally shown on construction plans. Required funds are available under the project's contingency account. 10. Authorizing the City Manager to execute a park deferment contract between the City of Corpus Christi and Adolfo M. Gonzales, Rosa M. Gonzales, Alfonso M, Gonzales, Manual M. Gonzales, and Jose M. Gonzales, owners, for deferred park land dedication out of Gollihar Park Unit 2, which is located on the south side of Gollihar Road, east of Greenwood Drive. This contractual agreement, which is in accordance with the Platting Ordinance, will allow the developer to final out and construct a portion of his overall preliminary plat prior to Lite final plat and construction of his subdivision in which the park land is to be located. (SIX AFFIRMATIVE VOTES REQUIRED TO PASS) 11. Authorizing the City Manager to execute a park deferment contract between the City of Corpus Christi and Eighteen Eighty -Nine Group, developer, for deferred park land dedication out of West River Place, which is located on the west side of F.M. 1889, south of F.M. 624. This contractual agreement, which is in accordance with the Platting Ordinance, will allow the developer to finalout and construct a portion of his overall preliminary plat prior to the final plat and construction of his subdivision in which the park land is to he located. (SIX AFFIRMATIVE VOTES REQUIRED TO PASS) 12. Authorizing the City Manager to execute a park deferment contract between the City of Corpus Christi and Lorine Eshleman Vogt, developer, for deferred park land cash money settlement out of Marsden Place, which is located on the north side of Ocean Drive, between Airline Road and Paloma Street. This contractual agreement, which is in accordance with the Platting Ordinance, will allow the developer to final out and construct a portion of his overall preliminary plat, prior to the final plat and construction of his subdivision in which the park land cash money settlement will be required. (SIX AFFIRMATIVE VOTES REQUIRED TO PASS) Council Member Mendez referred to the parkdeferment contracts in items 10, 11, and 12 and asked what would happen if ownership changed. Minutes Regular Council Meeting March 12, 1985 Page 6 Mr. Utter assured the Council that the park is required and the land cannot be divided, but in item 12 the deferment is for a park land cash money settle- ment. Mrs. Slavik, referring to item 9, inquired as to the status of the Allison Plant, and Mr. Lontos stated that it is 50% complete. 13. Setting a public hearing for March 19, 1985, during the Regular City Council Meeting, which commences at 2:00 p.m. This hearing is regarding Athena Cablevision's proposal to realign programming, add additional services, and set basic cable service rates. This matter has been referred to the City Council by recommendation of the Cable Communications Commission. Mayer Jones called for comments from the audience on the consent motions and there was no response. Mayor Pro Tem Turner made a motion to approve items 1 through 13, seconded by Council Member Guerrero, and passed by the following vote Jones, Turner, Brown, Guerrero, Kennedy, Mendez, McComb, and Slavik voting "aye", Berlanga absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Jones called for consideration of the ordinances listed on the Consent Agenda. City Manager Martin referred to Ordinance 16, Lenora and Mt. Vernon Drive street closings, and noted that this will be the first time payment for closed streets will be received by the City. He explained that the purpose for the closure is to expand Dillard's Department Store and for construction of Foley's Department Store. He informed the Council that right-of-way will be traded and the applicant will pay cash for the balance of the land. Mayor Jones congratulated the staff for their efforts on this street closing. Mayor Jones referred to ordinance 14, acquisition of parcel 10 for the Navy Clear Zones Land Acquisition project, and stated that the Navy has started purchasing some of the land. City Manager Martin stated that the Navy is appraising and acquiring property at Waldron Field, and this means that the City will be able to acquire all of the clear zone land that is needed. Mayor Jones asked Mr. Martin to provide a report on the parcels that have not been acquired for the clear zones project and an estimation of what those parcels will cost. Mayor Jones called for comments from the audience on the consent ordinances and there was no response. Minutes Regular Council Meeting March 12, 1985 Page 7 Acting City Secretary. Zahn polled the Council for their vote, and the following ordinances were passed: 14. ORDINANCE NO. 18743 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL NO. 10 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION; APPROPRIATING $13,484; 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. 18744 CLOSING AND ABANDONING AN 18 FOOT WIDE UTILITY AND DRAINAGE EASEMENT IN LOT 33, BLOCK 5, 100 SOUTH PADRE, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Junes, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye." 16. FIRST READING CLOSING AND ABANDONING 50 FOOT WIDE LENORA DRIVE FROM McARDLE ROAD TO MOUNT VERNON DRIVE AND APPROXIMATELY 260 FEET OF MOUNT VERNON DRIVE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez, McComb, and Slavik voting "aye." 17. ORDINANCE NO. 18745 AMENDING CHAPTER 53, TRAFFIC, BY AMENDING SECTION 53-100, CERTAIN TRUCKS, TRAILERS AND OTHER LARGE VEHICLES RESTRICTED TO THROUGH STREETS, AND SECTION 53-251, SCHEDULE II, 'THROUGH STREETS; PROVIDING FOR SEVERANCE: AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye." * * * * * * * * * * * * * *18. The revocable easement request of The Horne Company for the purpose of placing two removable metal can sign structures in the public right-of-way of Antelope and North Carancahua Street at the Texas Commerce Plaza be denied. *NOTE: THIS ITEM WAS WITHDRAWN City Manager Martin referred to a letter from The Horne Company asking that this item be delayed until March 19, 1985. Minutes Regular Council Meeting March 12, 1985 Page 8 A motion was made by Council Member Brown that this item be withdrawn, seconded by Council Member Slavik, and passed unanimously. Mayor Jones called for consideration of the following item: 19. The waiver of the sanitary sewer lot/acreage fee of $43,513.60 for Chaparosa Park Unit 2 be denied. This 67.99 acre tract of land approximately two miles south of the Five Points Area near Highway 77 is being platted, and although it is outside the City limits, it is within the extraterritorial jurisdiction of the City. Assistant City Manager Lontos displayed a transparency of the area; he noted that this property is within the extraterritorial jurisdiction of the City of Corpus Christi; the developer has requested that he not be required to pay the lot/acreage fee for sanitary sewer, which totals $43,513.60; this money would be placed in the Sanitary Sewer Trust Fund; and this item is in accordance with the policy approved by the Council. Mr. Lontos explained that the applicant feels that he is exempt under section 5 of the Platting Ordinance which reads: (5) property which is located within the jurisdictional boundaries of a governmental entity other than the City of Corpus Christi which provides for collection and treatment of sanitary sewage, will not be required to pay a lot/acreage fee in accordance with this section. Mr. Lontos stated that if this applied, which it does not, the developer would not have to pay the fee. He noted that this area is outside of the extraterritorial jurisdiction of Robstown, and summarized by stating that in accordance with the policy adopted by the Council, the staff recommends denial of the waiver. Council Member Mendez inquired if the ordinance provided for reimbursement to the developer if the City of Robstown provides the service. Mr. Lontos replied that the ordinance does not provide for reimbursements, but the Council could agree to this if they desired. Mr. Mendez stated that he agrees with the staff recommendation, but expressed the opinion that if Robstown does provide the service, the developer should be reimbursed, and Mr. Lontos stated that the staff would have no objection to that condition. A motion was made by Council. Member Kennedy that the staff deny the waiver for the lot/acreage fee, but if the City of Robstown provides service to the area, the City would reimburse the developer without interest. Mr. Lontos stated that he would feel more comfortable if the staff denied the request, and an agreement would Le prepared regarding reimbursement for the Council to approve next week. Minutes Regular Council Meeting March 12, 1985 Page 9 Mayor Jones called on the applicant to speak. Mr. Jim Caldwell, Attorney for Gary Thomasson, Hall and Marks, representing Regency Investment Company, stated that sewer service is available in the area at the intersection of FM 624 and Highway 77; there is a force main 2,500' from the property; Robstown will not let the developer tie into their lines, because negotiations are currently under way between the City of Robstown and the City of Corpus Christi on the matter of dividing the area. Mr. Caldwell summarized his appeal and stated that there is no sewer service available in the area; there are no plans to provide service to this area; it is impossible for his client to build his own lift station and force main; and he asked that the fee be deferred and when the City provides service, the developer would pay the fee. Council Member Kennedy stated that there was a case similar to this on FM 624 at which time the Council did not allow deferral. Mr. Caldwell stated that the master plan does envision sewer service in the area, but there are no plans for service down Highway 77. Mayor Jones noted that development could take place with the use of septic tanks, which is very undesireable. Mr. Caldwellstated that he felt confident the City would encompass this area, but his client would like to pay for the sewer when they actually receive it. He noted that his understanding of the fee was to benefit the property involved, but in this case the money will be used in another part of the City. Mr. Lontos reiterated the staff's position, noting that if deferral is granted, it would defeat the purpose for which the policy was adopted; i.e., provide funds for sewer extensions. Mr. Caldwell stated that he is asking for fairness and equity. Mayor Jones askedfor an explanation of the staff's position, and Mr. Lontos explained that if deferral were granted, it would set a precedent against the ordinance; it is in the extraterritorial jurisdiction of the City of Corpus Christi and therefore does not meet the condition for exemption; and deferral of this would restrict the .sanitary sewer fund. Mr. Caldwell inquired if it would be satisfactory if his client had a written agreement with the City of Robstown to provide service, and Mr. Lontos interjected that Robstown is not in a position to provide that agreement. Mayor Jones repeated Dr. Kennedy's motion that the staff deny the waiver for the lot/acreage fee, but if the City of Robstown provides service to the area, the City would reimburse the developer without interest. Council Member Mendez noted that the motion is contingent upon a written agreement for reimbursement between the City and Regency Investment. Minutes Regular Council Meeting March 12, 1985 Page 10 Mr. Dan Magee, President of Regency Investment, gave background information regarding the area and stated that his intent was to appear before the Council to convey to them that he cannot justify an investment with no return. He further stated that he agrees that the fees are necessary, but he sees no benefit in the short-term future. Mayor Jones repeated the motion, which was to approve the staff recommen- dation to deny the waiver request, but payment of the fee be returned to the developer if services are provided by the City of Robstown. Assistant Attorney Jay Doegey suggested that other developers be reimbursed if they are provided services from another entity. Council Member Mendez noted that an agreement to this effect would be on the agenda in the future. He then seconded the motion. The motion passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, Mendez, McComb and Slavik voting "aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Jones called for consideration of the ordinances listed on the Regular Agenda. City Manager Martin referred to the resolution in support of legislation dissolving the Lower Nueces River Water Supply District. City Manager Martin and Mr. Doug Matthews, Director of Public Utilities, explained to the Council that the District was created as a funding agency for the Wesley Seale Dam; when the District was created 30 years ago, it was agreed that it would exist only to pay the debt service on the bonds; and this is a follow-up in accordance with the contract. Referring to the reception of a cable ordinance makes the Cablevision to file involved. first reading of ordinance 21, unauthorized connection and service, Mr. Martin informed the Council that this offense a local violation, and also allows Athena claims in court instead of the local police becoming Mr. Doegey explained that this ordinance follows the definitions and principles of federal regulations. Mr. Randy Grimes, General Manager of Athena Cablevision, stated that the company is starting a theft services campaign which will start with an amnesty program to allow individuals to disconnect their services with no repercussions; the next step will be a full system audit; and then prosecution. He informed the Council that it is expected to save the Company $650,000. Mr. Doegey stated that this is also in the interest of the City, as the City receives a gross receipt and sales tax from Athena Cablevision. Minutes Regular Council Meeting March 12, 1985 Page 11 Mr. Grimes noted that the first step was to have an in-depth investigation of the employees of the Company, which has resulted in one employee receiving a jail sentence, and several other employees are under investigation. Mayor Jones called for comments from the audience on the ordinances; there was no response; Acting City Secretary Zahn polled the Council for their vote on the ordinances; and the following were passed: 20. RESOLUTION NO. 18746 SUPPORT OF LEGISLATION DISSOLVING THE LOWER NUECES RIVER WATER SUPPLY DISTRICT AND THE TRANSFER OF THE DISTRICTS ASSETS TO THE CITY OF CORPUS CHRISTI. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye", Berlanga absent at the time the vote was taken. 21. FIRST READING PROHIBITING THE UNAUTHORIZED CONNECTION AND RECEPTION OF A CABLE SERVICE AND TAMPERING WITH THE EQUIPMENT FOR THE RECEPTION OF A CABLE SERVICE OF A DULY ENFRANCHISED CABLE OPERATOR OF THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye", Berlanga absent at the time the vote was taken. Mayor Jones announced the public hearings on two zoning cases: 22. Application No. 285-5, Corpus Christi Independent School District: For a change in zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lots 10, 11, and 12, Section 13, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of Airline Road, at the intersection of Airline Road and Williams Drive. Assistant City Manager Utter stated that in response to the 53 notices mailed, 4 were returned in favor, and 5 were returned in opposition. He stated that the Planning Commission and Planning Staff recommend approval of this zoning change. Mr. Utter noted that the opposition was concerned about the traffic in the area. Mr. Larry Wenger, Director of Planning, pointed out the area on the zoning and land use map, showed slides of the vicinity, and described the land use in the surrounding area. There were no comments from the audience on this zoning case. A motion was made by Council Member Kennedy that the hearing be closed, Minutes Regular Council Meeting March 12, 1985 Page 12 seconded by Council Member Mendez, and passed unanimously. Acting City Secretary Zahn polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: ORDINANCE NO. 18747 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 10, 11, AND 12, SECTION 13, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS 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: Jones, Turner, Brown, Guerrero, Kennedy, Mendez, and Slavik voting "aye"; Berlanga and McComb, absent at the time the vote was taken. * * * * * * * * * * * * * 23. Application No. C285-6, City of Corpus Christi: For a change of zoning from "B-2" Bayfront Business District and "B-1" Neighborhood Business District to "B -2A" Barrier Island Business District, located in Padre Island along the frontage of Padre Island Drive within the existing City limits. Assistant City Manager Utter stated that in response to the 580 notices mailed, 64 were returned in favor, and 5 were returned in opposition. He stated that the Planning Commission and Planning Staff recommend approval of this zoning change. Mr. Larry Wenger, Director of Planning, pointed out the area on the zoning and land use map, showed slides of the vicinity, and described the land use in the surrounding area. He stated that the ordinance has been prepared to exclude one piece of property from the rezoning which is owned by Maveric Market, Inc., because that company plans to construct a convenience store with gas pumps in the front. In response to the Council's question as to why this lot at the intersection of Commodore and South Padre Island Drive should not be zoned "B -2A", Mr. Ricardo Elizondo, representing Maverick Market, addressed the Council and explained that "B -2A" would not be suitable for the proposed use. He stated that the green setback required under that zoning would create congestion in the parking lot. Mr. Elizondo urged the Council to allow them to retain their "B-1" zoning. In response to a question from a member of the audience, Mr. Utter pointed out that this zoning change does not eliminate any types of businesses, but rather allows businesses such as car washes, convenience stores, etc. to exist, and it does require landscaping. Minutes Regular Council Meeting March 12, 1985 Page 13 Mayor Pro Tem Turner pointed our that the Padre Island Property Owners Association is interested in the aesthetics of the island, and this zoning change provides for this. Mr. Utter stated that Mrs. Lambert did not want any zoning on her property. Council Member McComb pointed out that one exception was being made for a Maverick Market that is zoned "B-1", Mr. Elizondo stated that when the company bought the property, prior to annexation, they acquired enough land to comply with "B-1" zoning setback requirements; they cannot obtain additional right-of-way without causing traffic congestion; therefore the Council is actually downzoning this particular piece of property. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council. Member Mendez, and passed unanimously. Council Member Slavik asked how the Property Owners Association felt about this particular piece of property, and Mr. Utter stated that they had no problem with this. There were no further comments from the audience on this zoning change; Acting City Secretary Zahn polled the Council for their vote on the ordinance effecting the zoning change; and the following ordinance was passed: 23. ORDINANCE NO. 18748 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE CITY OF CORPUS CHRISTI BY CHANGING THE ZONING MAP 1N REFERENCE TO CORPUS CHRISTI -PADRE ISLAND SECTION 2, BLOCK 72, LOTS 41A, 43A, 44, AND 45; BLOCK 71, LOTS 10A THROUGH 22; CORPUS CHRISTI -PADRE ISLAND NUMBER 1, BLOCK 1, LOTS lA THROUGH 6A; BLOCK 2, LOTS IA THROUGH 15A; CORPUS CHRISTI -PADRE ISLAND, MARINER'S CAY, BLOCK 500, BLOCK 501, LOT 1; BLOCK 502, LOT 4; BLOCK 504, LOTS 2, 3, AND 4; BLOCK 506, LOTS 1, 2, 3, AND 4R; BLOCK 507, LOTS 1 AND 2; BLOCK 512, LOT 1, A PORTION OF LOT 2, LOTS 3 AND 4; BLOCK 513, LOT 2; CORPUS CHRISTI - PADRE ISLAND SECTION 1, BLOCK 26, LOTS 1A, 2A, AND 3A; BLOCK 27; BLOCK 29, BLOCK 30; BLOCK 35; AND BLOCK 36; CORPUS CHRISTI -PADRE ISLAND, ISLAND FAIRWAY ESTATES, BLOCKS 3, 42, 45, AND 46; CORPUS CHRISTI -PADRE ISLAND SECTION 1, BLOCKS 20, 21, AND 22; CORPUS CHRISTI PADRE ISLAND SECTION 4 (TRADEWINDS) TRACTS A, B, AND C; CORPUS CHRISTI -PADRE ISLAND SECTION 1, BLOCKS 12, 13, 14, 15, 16, 17, 18, AND 19, FROM "B-2" BAYFRONT BUSINESS DISTRICT TO "B -2A" BARRIER ISLAND 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, Mendez, McComb, and Slavik voting "aye". * * * * * * * * * * * * * Mayor Jones declared a recess at 4:00 p.m., in order to convene the meeting of the Corpus Christi Housing Finance Corporation. Minutes Regular Council Meeting March 12, 1985 Page 14 Mayor Jones reconvened the meeting at 5:11 p.m. and called for the City Manager's report. Mr. Martin noted that on March 26, 1985, several member of the Council will be attending the Congress of Cities Meeting of the National League of Cities in Washington, D.C. After further discussion it was determined that Council Members Berlanga and Guerrero might possibly not attend the Council Meeting on March 26. * * * * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Hal Wasson urged that the Council prohibit surfing within 300 feet of Bob Hall Pier. Mr. Paul Torrez addressed the Council through Alicia Perez, Administrative Assistant - City Manager's Office, serving as an interpreter. Mr. Torrez stated that the he is concerned with the passage of the proposed peddlers and vendors ordinance as the fee will be high. He informed the Council that he supports his family of five children by selling snowcones and this ordinance will have detrimental effect on his business. Mr. Martin stated that this ordinance will be on the agenda for final reading in two weeks, and the staff will be recommending some amendments. Mr. Howard Dunn, Beeville, stated that he had been informed by the Apartment Association that the Council would be considering lifting the moratorium on the multi -family mortgage bonds. It was pointed out to Mr. Dunn that the Housing Finance Corporation met to consider single-family dwellings, and that evidently Mr. Dunn had been misinformed. Mr. Martin informed Mr. Dunn that if lifting the moratorium were to be considered, it would be listed on the agenda of the Corpus Christi Housing Finance Corporation. Council Member Slavik stated that at the time the vote was taken to reinstate the moratorium, she thought the motion was that the moratorium was for one year. Further discussion followed, and the Mayor asked that Acting City Secretary Zahn provide the Council with copies of the minutes from that meeting. Ms. Debbie McCreeless, aka "The Bird Lady", informed the Council that she has started a non-profit organization for the rehabilitation of injured Minutes Regular Council Meeting March 12, 1985 Page 15 wildlife; she has operated ir. Corpus Christi for five years using her own money; she receives very sporadic donations; and she is now in a crisis situation as she has exhausted her funds. Ms. McCreeless explained the amount of money it requires to feed and rehabilitate the wildlife; citizens call upon her to take care of injured animals and often they bring them to her home; and school children visit her to see the animals. She emphasized that she can no longer subsidize this with her own money. Ms. McCreeless then provided the Council with several photographs of the animals she provides care to, and pointed out that she has the support of County Commissioners J.P. Luby and Richard Borchard, and Constable Ronnie Polston, but they were unable to attend the meeting today. Council Member Mendez pointed out that Ms. McCreeless had informed the media that he supported the City funding her organization, which was not true, and Ms. McCreeless stated that she did not inform the media of this. Mayor Pro Tem Turner commended Ms. McCreeless for her efforts, but stated that she felt the City should not fund an organization of this type. Council Member Slavik stated that Ms. McCreeless has contacted organizations tor long --term funding, but she needs emergency funding for approximately four months. Council Member Guerrero stated that he would donate $90 to Ms. McCreeless and the other Council Members indicated that they would also. Ms. McCreeless thanked the Councilfor their donations. Mr. Paul Dunn, 610 Del Mar, pointed out that Ms. McCreeless is a totally selfless person and is very cost efficient. Mr. Ken Berry, 1029 Comal, representing Bay, Inc., stated that the bid for street construction material was awarded in error; he has asked the City to correct this mistake; he had delivered a letter to the City two weeks ago stating the errors that were made; and inquired as to when the review of this problem would be finished, pointing out that this is only a 12 month contract. Mayor Jones stated that the City Manager responded well to Mr. Berry's letter and as far as he is concerned, the case is closed. Mr. Berry denied knowledge of any letter from Mr. Martin, pointing out that he had not had any communication with the City since he had written his letter two weeks ago. Mr. Martin interjected that he and Mr. Berry had a conversation on Friday, March 8, 1985, which evidently Mr. Berry has forgotten, at which time Mr. Martin informed Mr. Berry he would write a response that weekend. Mr. Martin pointed out that the letter was mailed on Monday, March 11, 1985. Minutes Regular Council Meeting March 12, 1985 Page 16 Mayor Jones stated that this issue should be in writing; Mr. Berry could appear before the Council again after he has read Mr. Martin's response; or he could take the issue to a court of law. There being no further business to come before the Council, on motion by Council Member Guerrero, seconded by Council Member Slavik, and passed unanimously the meeting was adjourned at 5:46 p.m., March 12, 1985. /tkd