HomeMy WebLinkAboutMinutes City Council - 03/26/1985Present:
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MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
MARCH 26, 1985
2:00 P.M.
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 Council Member Welder Brown, following which
the Pledge of Allegiance to the Flag of the United States was led by Council
Member David Berlanga.
Acting City Secretary Dorothy Zahn called the roll and stated that a quorum
of the Council and the necessary Charter Officers was present to conduct a
legally constituted meeting.
A motion was made by Council Member Frank Mendez that the minutes of the
Regular Council Meeting of March 19, 1985, be approved as presented, seconded by
Council Member Brown, and passed unanimously.
Mayor Jones announced the presentation of Certificates for completing Texas
A&M's Administrative Development Program to the following employees:
NAME
Harold R. Peterson
Lona Gericke
Foster D. Crowell
Tex Villarreal
Evaristo E. T_ercilla
Gilbert Segovia
TITLE DEPARTMENT
Convention Center Manager
Librarian I
Assistant General Superintendent
Vector Control Supervisor
Collection System Superintendent
Senior Accountant III
Convention Center
Library
Wastewater
Health
Wastewater
Federal Grant
Accounting
Mayor Jones then administered the Oath to Mrs. Florence Beatty, newly
appointed member of the Solicitations Commission.
MICROFILMED
Minutes
Regular Council Meeting
March 26, 1985
Page 2
*Council Member Leo Guerrero arrived at 2:14 p.m.
Mayor Jones called for confirmation of Mr. Douglas Williams (private
sector) as an appointment to the Private Industry Council with term to expire on
June 30, 1986.
A motion was made by Mayor Pro Tem Betty Turner that Mr. Williams'
appointment be confirmed; seconded by Council Member Guerrero; and passed
unanimously.
Mayor Jones announced the bid opening on the following project:
1. Annaville Area No. 2 Street Improvement Project: Streets included in
this 1982 Voluntary Paving Street Reconstruction Project are:
Nida Drive and Sammons Drive, from Heizer Drive to Leopard Street;
Heizer Drive, from near Westview Drive to McKenzie Road;
Veda Drive, from Emmord Loop to Heizer Drive;
Hurst Drive, from West Emmord Loop to East Emmord Loop;
Emmord Loop (throughout Bervonne Terrace Subdivision);
Guess Drive, from Hilltop Road to Violet Road; and
Sunny Drive, from Violet Road to Leonard Drive.
Assistant City Manager James K. Lontos opened bids from the following
companies: Backhoe Lease Service, Inc.; Claude Chapman Construction Co.;
Heldenfels Brothers, Inc.; Oceanside Asphalt; A. Ortiz Construction and Paving,
Inc.; Stefek Construction Co.; W. T. Young Construction Co.; and Sonny Ewing.
Mayor Jones then announced the bid opening on the following project:
2. Wilmot Park Site Development: The improvements to this park include a
33 space parking lot, gazebo, arbor, modular play unit, irrigation
system, security lights, and landscaping. Funds for this work are
available in the 9th and 10th Year Community Development Block Grant
Programs.
Mr. Lontos then opened bids from the following companies: Black Brothers
Construction, Inc.; Richard L. Brown, Contractor, Construction Assistance &
Services; Stefek Construction Co.; The Zeller Company; and Perez and Sons.
Mayor Jones stated that the bids would be tabled for 48 hours pursuant to
the requirements of the City Charter and referred to the staff for tabulation
and recommendation. He thanked the companies for bidding on these two projects.
* * * * * * * * * * * * *
Mayor Jones stated the he had provided the Council with copies of a letter
from Orlando S. Leal, wherein Mr. Leal was resigning from the Nueces County Tax
Appraisal District. He instructed the staff to place this appointment on the
agenda next week, and Council Member Guerrero stated that he would like the
appointments to the Airport Advisory Board listed on the agenda next week also.
Minutes
Regular Council Meeting
March 26, 1985
Page 3
* * * * * * * * * * * * *
Mayor Jones called for consideration of the motions listed on the Consent
Agenda.
1. Approval of specifications and authorization to receive bids April 17,
1985, for a self propelled scarifier sand trap rake for the Oso Bay
Municipal Golf Course. Equipment is included in the 1984-85 Capital Outlay
Budget with an estimated expenditure of $6,345.
2. Approval of specifications and authorization to receive bids April 17,
1985, for a twelve month supply agreement with option to extend for an
additional twelve months, at the same terms and conditions, subject to the
approval of the supplier and the City Manager or his designee, for swimming
pool chemicals including liquified chlorine, muriatic acid, bicarbonate of
soda, caustic soda, soda ash, and calcium hypochloride. Estimated
expenditure is $15,500.
3. Approving the purchase of 1 3/4" and 5" fire hose for the Fire Department
from the following based on low bid:
Guadalupe Fire & Safety Equipment Co. Snap-Tite Hose, Inc.
1 3/4'; 3300' @ $2.40 = $7,920 5", 1100' @ $6.12 $6,732
GRAND TOTAL: $14,652
Prices have decreased 7% since last purchase, November, 1983. Twenty-four
bid invitations were issued and three bids received.
(SIX AFFIRMATIVE VOTES REQUIRED TO PASS)
4. Approving the purchase of twenty-seven pickup trucks for the various City
departments based on low bids as follows. Prices have increased
approximately 5% since last year.
Creveling Motor Company
26 units
$203,373.47
Gainan Chevrolet
1 unit
$12,050.80
GRAND TOTAL: $215,424.27
(SIX AFFIRMATIVE VOTES REQUIRED TO PASS)
Mayor Jones referred to the purchase of a vehicle from Gainan C1-evrolet
(item 4) and Mrs. Leah Olivarri, Director of Administrative Services, informed
the Council that this vehicle had railings along the bed of the truck.
5. Approving the purchase of a prefabricated storage building for Traffic
Engineering Division from Universal Fabricators, Inc., based on low bid
meeting specifications, for the total of $7,848. This item is included in
the 1984-85 Capital Outlay Budget. (SIX AFFIRMATIVE VOTES REQUIRED TO
PASS)
Minutes
Regular Council Meeting
March 26, 1985
Page 4
6. Approving a twelve month supply agreement, with option to extend for an
additional twelve months subject to the approval of the supplier and the
City Manager, or his designee, for fire hydrants based on low bid meeting
specifications to the Mueller Company for an estimated annual expenditure
of $42,605.60. Ten bid invitations were issued and six bids were received.
(SIX AFFIRMATIVE VOTES REQUIRED TO PASS)
7. Approving a twelve month supply agreement, with option to extend for an
additional twelve months subject to the approval of the supplier and the
City Manager, or his designee, for cast iron foundry items, based on low
bid to Corpus Christi Pipe & Supply for $97,720.30. Prices have decreased
5% since last contract December 29, 1983. Fourteen bid invitations were
issued and three bids received. These items are used by Water, Gas, Fire,
Park & Recreation, and Street Division. (SIX AFFIRMATIVE VOTES REQUIRED TO
PASS)
8. Approving the purchase of one 40' x 60' tent for the Park and Recreation
Department from Aguila & Priscilla Tent Makers for the amount of $5,400, on
the basis of low bid. (SIX AFFIRMATIVE VOTES REQUIRED TO PASS)
9. Plans and specifications be approved and bids be received on April 23,
1985, for Sunnybrook Drainage Improvements. This 1982 bond project
provides for the installation of underground storm sewer in Sunnybrook
Drive between Ayers Street and Kostoryz Road and also provides for the
filling of several thousand feet of roadside ditches in Sunnybrook Drive.
Mayor Jones asked that a transparency be displayed of the Sunnybrook Drive
drainage improvement project.
Mr. Lontos displayed a transparency of the area; he pointed out Sunnybrook
Drive and Kostoryz Road; he explained that there are number of ditches along the
street all the way down to Ayers; and as a result of these improvements, the
drainage will be substantially improved.
Council Member Berlanga mentioned that Cheryl Street has major drainage
problems.
Council Member Guerrero inquired if the street would be widened, and Mr.
Lontos stated that this project does not provide for widening, but this could
start a curb and gutter project, providing the property owners petition for
them.
Council Member Mary Pat Slavik questioned the method by which the ditches
would be covered, and Mr. Lontos explained that the ditches would be filled with
dirt and also graded.
Council Member Charles Kennedy referred to the purchase of a tent for the
Park and Recreation Department (item 8) and inquired if this was a higr. use
item.
Minutes
Regular Council Meeting
March 26, 1985
Page 5
City Manager Martin explained that this type of tent can be used for a
number of occasions, and the use is enough to warrant the purchase, as opposed
to renting a tent.
Council Member Berlanga referred to the Sunnybrook Drive Drainage
Improvements, and inquired if there would be a storm sewer in the area of Queens
and Phillips from the ditch to the main storm sewer drain.
Mr. Lontos stated that he would have to look at the plans and report back
to Mr. Berlanga.
10. Authorizing the City Manager to enter into an agreement with the Texas
Transportation Institute, an agency of the State, to conduct a
transportation study for the Regional Transit Authority. The study is to
be funded by Urban Mass Transportation Assistance at an amount not to
exceed $20,000. Work will commence upon receipt of final approvals from
the federal funding agency. (SIX AFFIRMATIVE VOTES REQUIRED TO PASS)
11. Authorizing the City Manager, or his designee, to contract with Best
Western -Sandy Shores Inn and Resort for the donation of eight covered
shelters on the State-owned portion of Corpus Christi Beach fronting the
Sandy Shores. Best Western -Sandy Shores agrees to maintain the shelters,
and the shelters shall be clearly marked for public use. SIX AFFIRMATIVE
VOTES REQUIRED TO PASS
12. Authorizing the City Manager, or his designee, to sign a lease agreement
with Nueces County for Hilltop Community Center which combines two previous
contracts between the County and Senior Community Services and the County
and Parks and Recreation Department. SIX AFFIRMATIVE VOTES REQUIRED TO
PASS
Council Member Mendez referred to item 11, the donation of eight covered
shelters by Sandy -Shores Inn, and inquired as to how close the shelters are to
the beach, noting that it is important that the public know these shelters are
for public use.
Mr. Martin stated that the shelters are approximately 40' from the
restaurant, and he noted that the Corps of Engineers urged more contracts q
this type.
Council Member McComb commended the Best Western -Sandy Shores Inn for
maintaining the City's beach in front of their resort.
Council Member Slavik referred to the transportation study provided for in
item 10, and inquired if this study would utilize City funds.
Mr. Martin explained that the study would be paid by UMTA funding.
Mayor Jones called for comments from the audience on motions 1 through 12,
and there was no response.
Minutes
Regular Council Meeting
March 26, 1985
Page 6
A motion was made by Council Member Mendez that the consent motions, 1
through 12, be approved; seconded by Mayor Pro Tem Turner; and passed
unanimously.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the ordinances listed on the
consent agenda.
Council Member McComb referred to the resolution for KUNO Radio and urged
that the private sector become more involved in projects of this type.
Mayor Jones the read the entire resolution; Acting City Secretary Zahn
polled the Council for their vote; and the following resolution was passed:
13. RESOLUTION NO. 18754
COMMENDING KUNO RADIO FOR SPONSORING THE SUMMER YOUTH SOFTBALL PROGRAM; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing resolution passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez,
McComb, and Slavik voting "aye."
Council Member Mendez challenged KUNO Radio to a softball game against the
City Council Members.
Council Member Kennedy referred to item 14, the sale of a 35.289 acre tract
of land to Wayne Lundquist, Jr. for $627,000, and noted that there were various
options included in the bidding process.
Mr. Martin explained that this tract of land was purchased 40 years ago for
use as a landfill on Rodd Field Road and Yorktown Boulevard; it cannot be used
for a landfill; it has a very high water table; the City Council authorized the
receipt of bids; and several bids were received. He continued by stating that
there were a number of terms on which the bidders could bid; they could bid
cash, terms, etc.; and the revenue from the sale would be added to the existing
funds for the purchase of the Greenwood landfill site.
Mr. Martin stated that two strong bids had been received, one for $706,000
on a term basis with interest to the City, and the other was for $627,000 cash;
it was determined that $627,000 was the better bid; the price appears to be well
within the market value of property in the surrounding area; and the Council has
several options, i.e., award the bid now; reject the bids; obtain a variation of
option one; or have an outside appraiser confirm that the price which is offered
is fair.
Council Member Kennedy made a motion to confirm the amount bid with an
independent appraiser; after the appraisal, present this item to the Council
within 30 days; and if the bid is not adequate, reject all bids. The motion was
seconded by Council Member Berlanga.
Minutes
Regular Council Meeting
March 26, 1985
Page 7
Council Member McComb inquired if the offer would stand for a period of
time, and Mr. Martin stated that there is no stipulation for this.
Mr. Wayne Lundquist Jr., 239 Circle, asked for clarification as to whether
individuals would have an opportunity to bid again on this property.
Mayor Jones stated that the motion was to receive an outside appraisal and
to do so within thirty days.
Council Member McComb assured Mr. Lundquist that the City would not accept
any new bids.
The motion made by Council Member Kennedy passed by the following vote:
Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting
"aye"; Brown absent at the time the vote was taken.
14. WITHDRAWN FOR 30 DAYS
Referring to Ordinance 15, acquisition of parcel Al for McArdle Road, Mayor
Jones asked that a transparency be displayed.
Mr. Lontos explained that this acquisition is the first in this area, and
is necessary for the improvements to McArdle Road, from Nile to Crescent. He
informed the Council that acquisition of the platted property will be obtained
first, in that the unplatted property could become platted before commencement
of the improvements, thereby necessitating dedication of right—of—way.
Council Member Berlanga inquired if property would be acquired north of
Prince Drive, and Mr. Lontos stated that it would not.
In regard to Ordinance 17 and responding to a question from Mayor Jones,
Mr. Lontos explained that the state will pay for the relocation of the two
waterlines because of an upcoming state project.
Mayor Jones asked for an explanation of Ordinance 19, appointing election
officials for 1985, and Acting City Secretary Zahn informed the Council that
this is a list of judges and alternate judges for each of the City's precincts;
these names are not published in the newspaper, but are available to the puLlic
in the Office of the City Secretary.
Council Member Mendez inquired if the Precinct Chairman appoints the judges
for the respective precincts, and Ms. Zahn stated that the City uses judges w“)
have traditionally been used, but the Council officially appoints the judges.
In response to questions regarding condemnation, Mr. Martin informed the
Council that if a property owner does not agree with an offer made by the City,
the City can either condemn the property through court action, or not obtain the
property.
Mayor Jones called for comments from the audience on the consent
ordinances; there was no response; Acting City Secretary Zahn polled the Council
for their votes on the ordinances; and the following were passed:
Minutes
Regular Council Meeting
March 26, 1985
Page 8
15. ORDINANCE NO. 18755
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 1 IN CONNECTION WITH THE McARDLE ROAD (CRESCENT TO NILE) PROJECT;
APPROPRIATING $4,675; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance 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.
16. ORDINANCE N0. 18756
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO
PARCEL 39 FOR THE NAVY CLEAR ZONES -NAS PROJECT AND TO ACQUIRE SAID PARCEL FROM
THE OWNERS, MR. AND MRS. BENITO ROMO; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance 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.
17. ORDINANCE NO. 18757
AUTHORIZING THE EXECUTION OF A PIPELINE LICENSE WITH THE MISSOURI PACIFIC
RAILROAD FOR THE USE OF RAILROAD RIGHT-OF-WAY FOR A 36" WATER PIPELINE CROSSING
AND A 20" CASING INSTALLATION AT MILE POST 147.40; APPROPRIATING $1,000; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance 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.
18. ORDINANCE NO. 18758
CLOSING AND ABANDONING A TRIANGULARLY SHAPED PORTION OF A 30 FOOT WIDE DRAINAGE
EASEMENT IN LOT 27, BLOCK 1, JACKSON PLACE SUBDIVISION, SUBJECT TO THE
PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Brown, Kennedy, Mendez, McComb, and
Slavik voting "aye," Guerrero absent at the time the vote was taken.
19. ORDINANCE NO. 18759
APPOINTING ELECTION OFFICIALS AND SPECIAL CANVASSING BOARD FOR ALL MUNICIPAL
ELECTIONS FOR 1985; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance 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.
Minutes
Regular Council Meeting
March 26, 1985
Page 9
20. FIRST READING
CLOSING AND ABANDONING THE 20 FOOT WIDE ALLEY IN BLOCK 73, BROOKLYN ADDITION.
The foregoing ordinance was read for the first time, and passed to its
second reading by the following vote: Jones, Turner, Berlanga, Brown, Kennedy,
Mendez, McComb, and Slavik voting "aye," Guerrero absent at the time the vote
was taken.
21. FIRST READING
AMENDING CHAPTER 57, VEHICLES FOR HIRE, ARTICLE IV, AMBULANCE SERVICE; DEFINING
TERMS; PROVIDING PROCEDURES FOR THE LICENSING AND REGULATION OF PRIVATE
AMBULANCE SERVICES; ESTABLISHING FEES; PROVIDING FOR INSURANCE REQUIREMENTS;
ESTABLISHING A PROCEDURE FOR ENFORCEMENT AND APPEALS; PROVIDING FOR SEVERANCE;
AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time, and passed to its
second reading by the following vote: Jones, Turner, Berlanga, Brown, Kennedy,
Mendez, McComb, and Slavik voting "aye," Guerrero absent at the time the vote
was taken.
22. SECOND READING
AMENDING ORDINANCE 13193, AS AMENDED BY ORDINANCE 18339 TO ESTABLISH A NEW LEVEL
OF SERVICE AND A NEW SCHEDULE OF RATES FOR MONTHLY CABLE TELEVISION SERVICES BY
ATHENA CABLEVISION OF CORPUS CHRISTI, INC.
The foregoing ordinance was read for the second time, and passed to its
third reading by the following vote: Jones, Turner, Berlanga, Brown, Kennedy,
Mendez, McComb, and Slavik voting "aye," Guerrero absent at the time the vote
was taken.
23. ORDINANCE NO. 18760
CLOSING AND ABANDONING 50 FOOT WIDE LENORA DRIVE FROM McARDLE ROAD 70 MOUNT
VERNON DRIVE AND APPROXIMATELY 260 FEET OF MOUNT VERNON DRIVE.
The foregoing ordinance was read for the third and final time, and 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.
24. ORDINANCE NO. 18761
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 third and final time, and 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.
Referring to the amendments to the ambulance ordinance, Council Member
McComb inquired if the ambulance owners had been contacted.
Minutes
Regular Council Meeting
March 26, 1985
Page 10
Assistant City Manager Bill Hennings reported that input had been received
from the private ambulance owners, and they have not voiced any objections to
the changes.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the following item listed on the
Regular Agenda:
25. Authorizing the City Manager, or his designee, to advertise a Request for
Proposals for the construction of a Depot for use by the Texas Mexican
Railway for rail service between Corpus Christi and Laredo.
Assistant City Manager Tom Utter provided the Council with a drawing of the
proposed depot and explained that the Texas Mexican Railway would provide
passenger service to Laredo, if the City provides a depot. He informed the
Council that major hotels are very interested in this idea; the Tex-Mex Railway
would like to start service by September 1, 1985; proposals need to be sought
for a 1,840 s.f. building that can be relocated if necessary; and he then
displayed a transparency of the proposed site. He stated that the building
would be reminiscent of old depots at the turn of the century and the proposed
cost would not exceed $100,000.
Mayor Pro Tem Turner stated that this could serve for additional commercial
development in the area and this depot will set the precedent for the design of
future buildings in the area. Mrs. Turner then made a motion to request staff
to amend the Request for Proposals on the Tex-Mex Depot project to allow, in
addition to metal or tilt -up concrete buildings with facades, a wood frame
structure on piers; and that the maximum amount of CDBG funds allocated for the
project be increased from $100,000 to $150,000, and to also include that the
passenger depot be as reminiscent of historic railway structures previously
located in the City of Corpus Christi as possible, subject to cost, timeliness
of construction, and construction design. The motion was seconded by Council
Member Brown.
Council Member Kennedy inquired if there had been any preliminary master
plan designed for the area, emphasizing that this will be a good project, but
planning for the area needs to be done.
Mr. Utter informed the Council that the City does not control the property,
but that the Texas -Mexican Railway does.
Council Member Slavik stated that she had engaged in conversations with an
individual from Alabama regarding this type of project, and she stated that she
is convinced that the City needs this project.
Council Member Berlanga stated that he had been touring the proposed area,
and he agrees that the area does need more planning.
Mr. Utter stated that unfortunately the depot has to be on the railroad
track and the only site that is available is the Alameda and Brownlee area. He
noted that the idea is to get the site as close to the downtown area as
Minutes
Regular Council Meeting
March 26, 1985
Page 11
possible, otherwise a site would be needed to which rail service could be
provided. He informed the Council that this project has the support of the
Westside Business Association.
Council Member Berlanga inquired about the feasibility of a concrete
building, and Mr. Utter stated that the cost of renovation would be too large;
the Texas -Mexican Railway cannot give a long term commitment to operate a rail
service; and without that commitment, a lot of development cannot occur.
City Manager Martin stated that this is the first major step towards a
mercado-type facility in the area, and if the depot is successful, the next step
is to provide more community development block grant funds for improvements to
the area. He informed the Council that the Texas -Mexican Railway officials are
very excited about this project; they are expending funds on rail cars; the City
is constructing the building in the manner proposed so it can be reused if
necessary; there is tremendous return available on this project; and this could
always be the focal point of the area.
Council Member Guerrero stated that the key to this project is to have rail
service ready by September 1, 1985, as this is the height of the tourist season.
He then asked about the location of the proposed mercado.
City Manager Martin explained that the mercado is something that the market
itself would develop, elaborating that an individual with the funds would make
those decisions.
Council Member Guerrero observed that some of the most interesting
renovations have been warehouses.
Mayor Jones referred to Mrs. Turner's motion to allow a $50,000 increase in
funds, and Mr. Utter stated that the funds are available from the CDBG Excess
Parking Funds.
Mayor Pro Tem Turner stated that the City is taking a risk in this project,
but this shows that the Council supports the tourist industry. She also
expressed hope that the Tourist Bureau and Chamber of Commerce would put
together package tours for the Laredo/Corpus Christi service.
Council Member Slavik inquired as to what the consequences would be if the
Texas -Mexican Railway were to stop this service, and Mr. Martin explained that_
if that were to happen, the City could try to negotiate a lease with t'ur
railroad or remove the building for use elsewhere.
Mayor Jones called for comments from the audience and there was no
response.
Mayor Pro Tem Turner then repeated her motion, which had been seconded by
Council Member Brown, as follows: request staff to amend the Request for
Proposals on the Tex-Mex Depot project to allow, in addition to metal or tilt -up
concrete buildings with facades, a wood frame structure on piers; and that the
maximum amount of CDBG funds allocated for the project be increased from
$100,000 to $150,000, and to also include that the passenger depot be as
Minutes
Regular Council Meeting
March 26, 1985
Page 12
reminiscent of historic railway structures previously located in the City of
Corpus Christi as possible, subject to cost, timeliness of construction, and
construction design.
The motion passed unanimously, and item 25, as amended, was approved.
* * * * * * * * * * * * *
City Manager Martin referred to item 26, listed under motions, and informed
the Council that this item is actually an ordinance.
He stated that the ordinance calls for the deletion of two commander
positions from the organizational chart, which would result in seven commander
positions at the Police Department. He stated that he and Chief Banner made
this recommendation to the Council; this is to correct top—heaviness in the
Police Department; these two positions are currently vacant; and this is the
first opportunity to reduce the number of commander positions. He continued by
stating that the assignments of these two positions do not require commanders,
and noted that if there was a better alternative to this problem, he would
recommend it.
Mr. Martin explained that he had met with Mr. Ruben Cisneros, President of
the Police Officers Association; Mr. Cisneros was informed of the
recommendation; the only other action the Council could take would be not to
approve the recommendation and thereby two people would need to be selected to
fill the two positions. He stated that if the recommendation is approved and
if, in the future, it is decided that two more commanders are needed, those
positions could be added; but he emphasized the fact that positions should not
be deleted when someone is filling those positions and at this point in time,
the two commander positions are vacant.
Council Member Berlanga suggested that if there are too many commanders,
then two commanders should be demoted, noting that this recommendation did not
make any sense to him.
Mr. Martin reiterated that it is more humane to eliminate posit'ons when
the positions are vacant.
Council Member Berlanga expressed the opinion that by deleting these two
commander positions, two captains are being kept from promotions, and that the
entire Police Department should be restructured to see if there are other wave
in which to handle this problem. Mr. Berlanga reiterated that two command, cs
could be demoted and the two demoted individuals would have no recourse.
Council Member Guerrero noted that the Council created these two pos4tions.
City Manager Martin stated that he did not believe the station duty
function required a commander position; he has always thought the Police
Department was overstaffed; and his opinion is that the station duty officer
position does not require a level of commander. Mr. Martin further stated that
if the vacancies occur and they are not filled, restructuring would be done, but
Minutes
Regular Council Meeting
March 26, 1985
Page 13
if the two positions are filled, his recommendation would be not to have station
duty officers perform these duties.
Council Member Guerrero stated that it would be more positive and would
also satisfy the concerns of the Association, if the nine commanders were to
have the same duties assigned.
Mr. Martin stated that if the two commander positions are replaced with
captain positions, two lieutenants could be promoted to captain; two sergeants
could be promoted to lieutenant; and so forth. Mr. Martin pointed out that he
is not selling this on the basis of the economy -- but the fact that the Police
Department is topheavy.
Council Member Guerrero inquired if future growth of the City was taken
into consideration, and Mr. Martin stated that the two positions could always be
added if the need was present.
Council Member Guerrero inquired if this action violates the contract with
the union, and Mr. Martin stated that it does not.
Council Member Kennedy expressed his views of the situation, noting that no
one has determined that more commanders are needed; there are two positions that
are not filled; with the reorganization that is upcoming, and the combining of
the jail facility with the county, there will be a lot of changes forthcoming;
and this is the appropriate time to make these changes. Dr. Kennedy noted that
to keep positions open that are not needed is not the way to operate
efficiently.
Council Member Mendez inquired if the captains would perform the duties of
Station Duty Officer, and Chief Banner stated that the Station Duty Officer is a
necessary position, but not at a commander level.
Council Member Mendez then expressed concern that an officer who should be
on the streets would just be "sitting around."
City Manager Martin stated that management will be moving heavily towards
civilianization of some positions, noting that similar recommendations will be
forthcoming.
Council Member Mendez asked for the difference in pay for the different
ranks, and Chief Banner replied that it was approximately 87 to 107 between racy
level.
Mayor Jones asked that the pay scale be provided in the next packet for the
Council.
Council Member Brown noted that the vacancies were created because of two
commanders retiring, and he also noted that the survey contracted by the Union
indicated that the Police Department was top—heavy.
Minutes
Regular Council Meeting
March 26, 1985
Page 14
Mr. Martin agreed that the survey did indicate top -heaviness in the
Department, but emphasized that the survey 1s not the basis of support for this
recommendation.
Council Member Guerrero noted that the difference in pay is not substantial
between a captain and a commander, and he questioned that if this is not an
economic issue, then what difference does it make as far as a title is
concerned.
Mr. Martin stated that if commander positions are filled, those positions
should have the same level of responsibility as other commanders. He emphasized
that it is wrong, from a managerial standpoint, to give a title just for the
sake of titles.
Mr. Ruben Cisneros, President of the Police Officers Association, stated
that the pay scale is misleading because the Association agreed to allow Chief
Banner to have flexibility; there are captains that receive the same pay as
commanders; and that this action will not save the City much money. Mr.
Cisneros expressed the opinion that he had hoped the Council would not take the
easy way out of this recommendation; there is more riding on this than just
closing two commander positions; he further stated that he welcomes the closing
of more commander positions; and that there are careers at stake if these
positions are closed.
Mr. Cisneros continued that the station commander positions were created by
Chief Banner; he had filled those positions with Grandfather Clause Commanders;
and now it is being recommended that these positions be manned by Captains. Mr.
Cisneros urged that the Council not delete the two commander positions, and
stated that there is a need to upgrade the structure in comparison with other
cities.
Mayor Jones called for comments from the audience.
Mr. Gus Leija, representing the G.I. Forum, stated that the Forum is in
full support of Ruben Cisneros.
Mrs. Barbara Lampert, 6801 Pharoah Drive, stated that she is a fn-+ae,
employee of the Police Department and she considers Chief Banner one of the
finest administrators in the State, and that Chief Banner and City Manager
Martin should be commended for this recommendation.
Mayor Jones stated that he sympathizes with Mr. Cisneros, but he is looking
at this matter in terms of what is best for the City, and he will vote in favor
of the recommendation.
Council Member Mendez stated that he would vote against the recommendation,
not in question to Chief Banner's integrity, but because the two positions will
be filled with captains and there is not much difference in the amount of pay,
therefore, in his opinion, nothing is being accomplished.
Council Member Brown observed that Mr. Cisneros had stated that possibly
more commanders should be deleted; he pointed out that the purpose of the Police
•partment is to fight crime; and he will vote in favor of this recommendation.
Minutes
Regular Council Meeting
March 26, 1985
Page 15
Council Member Guerrero stated that he supports Chief Banner, but on this
particular recommendation he has not been convinced of its validity.
Council Member Berlanga stated that he is not questioning the integrity of
Chief Banner or Mr. Martin, but he sees no reason for deleting two positions
when there are individuals who are ready to be promoted.
Council Member Slavik stated that she shares the concerns of someone who
wants to be promoted, but the main issue is the efficiency within the Police
Department. She further stated that it is better to delete the positions now,
rather than to wait until they are filled and then demote someone; therefore,
she will vote in favor of the recommendation.
Council Member Guerrero stated that he is very concerned about the morale
and the long term effect of this action; by keeping the positions, no cost will
be incurred; and he expressed the opinion that these positions should be filled
and then re-evaluate what should be done.
Council Member McComb stated that the Council is providing an opportunity
for two lieutenants to move to captain positions, observing that the morale in
the Police Department does not hinge on commander positions.
There were no further comments, and Acting City Secretary Zahn polled the
Council for their vote on the ordinance and it passed as follows:
26. ORDINANCE NO. 18762
AMENDING ORDINANCE 18378 WHICH ADOPTED THE 1984-85 BUDGET BY DELETING TWO POLICE
COMMANDER POSITIONS AND ADDING TWO ADDITIONAL POLICE CAPTAIN POSITIONS; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Brown, Kennedy, McComb, and Slavik voting "aye";
Berlanga, Guerrero, and Mendez voting "no."
Referring to Ordinance 27, maintenance and operation of the Tule Lake Lift
Bridge, City Manager Martin informed the Council that the City owns the bridge;
the County operates the bridge; and the Port is the major user of the bridge.
He stated that the original agreement originated in 1959, and several months
ago, through discussions with the County and the Port, it was decided to update
the agreement. Mr. Martin explained the main points of the agreement, which ar
the City will pay 25% for maintenance; the County will pay 25%; the Port wi. '.1
pay 50%; and a sinking fund for improvements will be established. He further
informed the Council that the County will be paid a 10% fee for administrative
functions and the insurance has been increased from $3 million to $8 million.
Mr. Martin summarized by stating the it is his recommendation that this
agreement be executed retroactive to January 1, 1985 for a period of three
years.
Mayor Jones called for comments from the Council or audience; there war- no
response; Acting City Secretary Zahn polled the Council for their vote; and the
following ordinance was passed:
Minutes
Regular Council Meeting
March 26, 1985
Page 16
27. ORDINANCE N0. 18763
AUTHORIZING THE EXECUTION OF A REVISED AGREEMENT WITH THE PORT OF CORPUS CHRISTI
AUTHORITY AND NUECES COUNTY FOR MAINTENANCE AND OPERATION OF THE TULE LAKE LIFT
BRIDGE; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Brown, Kennedy, Mendez, McComb, and Slavik
voting "aye"; Berlanga and Guerrero absent at the time the vote was taken.
Assistant City Attorney Jay Doegey explained item 28 to the Council, which
establishes a final fuel factor for Central Power and Light Company. He stated
that in January the Council approved a rate ordinance for CP&L to set a local
fuel factor and to include a refund factor; since that time, a hearing has been
held regarding the amount and method of refund; and in order to bring this up to
date, this factor is based on $79 million in overrecovery. He then stated that
by passage of this ordinance, pressure would be placed upon the Public Utility
Commission to start the process of refunding, and he noted that when this
ordinance is considered for second reading, he would hopefully have firmer
figures.
There were no comments from the Council or audience on this ordinance.
Acting City Secretary Zahn polled the Council for their vote, and the
following ordinance passed on its first reading:
28. FIRST READING
AN ORDINANCE DETERMINING THAT THE PRESENT FUEL FACTOR OF CENTRAL POWER AND LIGHT
COMPANY SET BY THE PUBLIC UTILITY COMMISSION OF TEXAS IS UNREASONABLE IN
DETERMINING A JUST AND REASONABLE FUEL FACTOR TO BE CHARGED BY CENTRAL POWER AND
LIGHT COMPANY WITHIN THE CORPORATE LIMITS; PROVIDING FOR SEVERABILITY AND REPEAL
OF CONFLICTING ORDINANCES.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Turner, Brown, Kennedy, Mendez,
McComb, and Slavik voting "aye"; Berlanga and Guerrero absent at the time the
vote was taken.
* * * * * * * * * * * * *
Mayor Jones announced the public hearings on four zoning cases:
29. Application No. 185-19, Ms. Frances Tarlton Farenthold: for a cha::ge of
zoning from "A-1" Apartment House District to "AB" Professional Office
District on a parcel of land being 12,320± square feet out of Subdivision
of the Orr Tract out of the R. W. Rayne Tract in the South Bluff Portion,
located on the northwest corner of Park Avenue and South Upper Broadway.
Assistant City Manager Tom Utter informed the Council that in response to
the 26 notices of the public hearing, 3 in favor and 2 in opposition had beer.
returned. He stated that both the Planning Commission and Planning Staff
Minutes
Regular Council Meeting
March 26, 1985
Page 17
recommend approval. He also noted that the Landmark Commission had expressed an
interest in this area.
Mayor Jones ascertained that no one in the audience wished to speak in
opposition to this zoning request.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Berlanga, and passed unanimously.
Council Member Kennedy expressed the opinion that "AB" zoning would be a
good use for the houses in this area, because the houses are deteriorating and
hopefully this type of zoning would extend the life of the homes.
Mayor Pro Tem Turner expressed the opinion that front yard parking lots
should be prohibited in the area and inquired if it would be possible to create
an "AB" zoning district in which certain things would be prohibited.
Mr. Utter replied that it would be possible. He explained that the staff
is attempting to design some shared -use parking at this location and pointed out
that it might be possible to use the parking lot of the Church which is located
across the street. He emphasized the fact that Mrs. Farenthold is anxious to
renovate this property and stated that on this particular lot he did not think
that parking could be installed in the front.
Mayor Jones made the observation that this is the first lot on the block on
which a change of zoning has been requested and the action taken by the Council
will probably establish a precedent.
Council Member Kennedy noted that the Landmark Commission had recommended
that this entire block be designated as "historical district."
Mr. Utter agreed that such a district could be designated for the block but
the Council should request that the staff present to them a plan for the area.
He pointed out that they have no regulations on historical districts.
A motion was made by Mayor Pro Tem Turner that the Council establish
guidelines for historical district in the 600 block of South Broadway in
cooperation with the owners of the property. The motion was seconded by Cott, :Al
Member Slavik and passed unanimously.
Mr. Utter explained that the typical way the historical districts could be
utilized would be to make an effort to persuade the owners to rehabilita'e
existing structures for the same use, and he did not believe that in this case
anyone wanted to rehabilitate the other houses.
Council Member McComb expressed the opinion that in order to accomplish
what Mrs. Turner had suggested, he did not think that the Council should approve
this request for a change of zoning to "AB."
A gentlemen in the audience indicated that he wished to speak in regard to
this zoning application.
Minutes
Regular Council Meeting
March 26, 1985
Page 18
A motion was made by Mayor Pro Tem Turner that the hearing be reopened,
seconded by Council Member Berlanga and passed unanimously.
Mr. Jim Bright, 915 Kinney, speaking on behalf of the applicant, stated
that Mrs. Farenthold would like to maintain the property as a residence, but
unfortunately that is not possible; therefore, with the help of the staff, it
was decided that the least harmful zoning would be for professional offices.
Mr. Bright emphasized that the zoning change is not residential use changing to
office use, but rather an abandoned piece of property hopefully changing to a
good use.
Council Member McComb inquired if there would be any problem with delaying
this decision until a recommendation had been made on the plan for the area, and
Mr. Bright stated that it would cause a problem in that repairs need to be made
on the building, and Mrs. Farenthold needs to realize some type of income from
the property.
Council Member Kennedy agreed with Mr. Bright that it would be better if
repairs could begin, because the recommendation for a plan for the area will
need to be discussed by the Planning Commission and Landmark Commission, which
will take some time to accomplish.
Mayor Pro Tem Turner suggested that the zoning change be approved, but
limit repairs to the interior of the building until a plan has been established
for the area.
Council Member Slavik noted that this will be a landmark case for the
entire area, noting that control over the neighborhood should be maintained.
Mr. Bright pointed out that improvements usually happen by economic
necessity; the property can only go two ways, either it can decay or it can have
an adaptive reuse.
Mayor Jones expressed the opinion that the zoning change should be
approved, otherwise the property will continue to deteriorate.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Berlanga, and passed unanimously.
Acting City Secretary Zahn polled the Council for their vote on the
ordinance effecting the zoning, and the following was passed:
ORDINANCE NO. 18764
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF FRANCES TARLTON FARENTHOLD BY
CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF SUBDIVISION 3 OF IHE
ORR TRACT OUT OF THE R. W. RAYNE TRACT IN THE SOUTH BLUFF PORTION FROM "A-1"
APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Brown, Kennedy, Mendez, McComb, and
lavik voting "aye"; Guerrero absent at the time the vote was taken.
Minutes
Regular Council Meeting
March 26, 1985
Page 19
* * * * * * * * * * * * *
30. Application No. 285-11, Peterson Development: for a change of zoning from
"F -R" Farm -Rural District to "A-2" Apartment House District and "B-4"
General Business District on a parcel of land being 35.36± acres out of Lot
1, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located on
the southeast corner of Rodd Field and Holly Roads.
Assistant City Manager Tom Utter stated that of the 22 notices mailed, 2 in
favor and 1 in opposition were returned.
He informed the Council that the Planning Staff and Planning Commission
recommend approval of "B-4" on Tract 1, approval of "A-2" on the northern 8.84±
acres of Tract 2, and denial of "A-2" on the southern 8.841 acres of Tract 2 and
in lieu thereof grant "A-1".
Mr. Larry Wenger, Director of Planning, displayed the area on the zoning
and land use map, showed slides of the vicinity, and explained the land use in
the surrounding area. Mr. Wenger stated that the applicant is agreeable to the
recommendation of the Planning Commission and Planning Staff.
Mr. Bill Brown, representing the applicant, stated that the applicant does
agree with the recommendation referred to by Mr. Wenger.
Mayor Jones called for comments from the audience and there was no
response.
A motion was made by Council Member Brown, that the hearing be closed,
seconded by Mayor Pro Tem Turner, and passed unanimously.
Acting City Secretary Zahn polled the Council for the vote on the ordinance
effecting the zoning change, and it passed as follows:
ORDINANCE NO. 18765
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF PETERSON DEVELOPMENT BY
CHANGING THE ZONING MAP IN REFERENCE TO TRACTS 1 AND 2 OUT OF LOT 1, SECTION 27,
FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FROM "F -R" FARM -RURAL DISTRICT TO
"B-4" GENERAL BUSINESS DISTRICT ON TRACT 1, "A-2" APARTMENT HOUSE DISTRICT ON
THE NORTHERN PART OF TRACT 2, AND "A-1" APARTMENT HOUSE DISTRICT ON THE SOUTHERN
PART OF TRACT 2; 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."
* * * * * * * * * * * * *
31. Application No. 185-12, Frostex Market:
Neighborhood Business District to "B-4"
Block 1, Lynwood Place Unit 4, located
approximately 450' south of South Padre
for a change of zoning from "3-1"
General Business District on Lot 3,
on the east side of Kostoryz Road,
Island Drive.
Minutes
Regular Council Meeting
March 26, 1985
Page 20
Mr. Utter informed the Council that in response to the 13 notices of the
public hearing, 1 was returned in favor and none in opposition were returned.
He stated that the Planning Commission recommends that it be denied, and in
lieu thereof, grant a special permit for a sign to be illuminated only between
the hours of 7:00 a.m. and 10:00 p.m. and that the sign be placed at the
northwest corner of the building, but the Planning Staff recommends denial.
Mr. Wenger displayed the area on the zoning and land use map, showed slides
of the vicinity, and explained the land use in the surrounding area. He stated
that the applicant desires a 60' sign, which would be parallel to Kostoryz and
perpendicular to South Padre Island Drive. Mr. Wenger then showed slides of
other signs in the vicinity.
Mayor Pro Tem Turner inquired if there were other business located off SPID
that had signs of this type, and Mr. Wenger stated that Whataburger at the
corner of Weber and SPID and Whataburger on Airline have signs of this type, but
he explained that in those areas, zoning of "B-4" is predominant. He pointed
out that the area on Kostoryz under consideration is a narrow strip of "B-1" and
that the existing sign can be seen from the freeway.
Council Member Slavik stated that it would be a mistake to have a large
sign in this particular area; therefore, she will not vote in favor of "B-4"
zoning nor a special permit.
Mr. Larry Adams, 707 Wilson Tower, representing the applicant, provided the
Council with a drawing of the proposed sign, and displayed a large drawing of
the sign. Mr. Adams noted that the Community Blood Bank, which is located in
the vicinity, has a sign identical to that being proposed, and stated further
that Gulf Bowl, Skateland, and Whataburger also have signs of this height. He
informed the Council that the applicant is concerned that his store is not
getting the exposure it needs; people driving along the freeway cannot see the
sign; and the applicant does not want "B-4" zoning but does want the special
permit.
Council Member McComb asked Mr. Wenger to display the slides of the store
and point out where the proposed sign would be located, and Mr. Wenger pointed
out that the sign would be on the corner on the right side of the store.
Council Member Guerrero expressed the opinion that it was important to note
that a lighted sign would not affect the neighborhood because the apartment
complex located across the street has large security lights installed and the
neighborhood located behind the property does have a screening fence.
Mayor Jones disagreed with the effect on the neighborhood, stating that a
sign of this magnitude would affect the residents.
Council Member Slavik stated that she did not want to see a proliferation
of signs in this area, and inquired if this would set a precedent.
Mayor Jones agreed that this would set a precedent.
Minutes
Regular Council Meeting
March 26, 1985
Page 21
Council Member Slavik read a portion of the Planning Commission minutes in
which concern was expressed because the sign would be lighted.
Council Member Mendez stated that the Planning Commission was concerned
about the effect on the residents, but that has been satisfied by the time
limitation placed on the sign.
There were no further comments from the audience.
A motion was made by Council Member Kennedy that the hearing be closed,
seconded by Mayor Pro Tem Turner and passed unanimously.
Acting City Secretary Zahn polled the Council for their vote effecting the
zoning change, and it passed as follows:
ORDINANCE NO. 18766
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF FROSTEX MARKET BY GRANTING A
SPECIAL COUNCIL PERMIT FOR A SIGN ON LOT 3, BLOCK 1, LYNWOOD PLACE UNIT 4; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez, and McComb,
voting "aye"; Jones and Slavik voting "no."
* * * * * * * * * * * * *
32. Application No. 285-4, W. R. Hubler, M.D.: for a change of zoning from
"AB" Professional Office District to "B-1" Neighborhood Business District
on Block 1002, Bay Terrace No. 2, located at the triangular tract between
Elizabeth, Brownlee, and 11th Streets.
Assistant City Manager Utter stated that of the 35 notices mailed, 5 were
returned in favor and 3 were returned against; the Planning Commission
recommends denial, and in lieu thereof, grant a special permit for a restaurant
on a portion of the property; and the Planning Staff recommends that it be
denied.
Mr. Wenger displayed the area on the zoning and land use map, showed slides
of the vicinity, explained the land use in the surrounding area, noted that the
special permit is for the southern portion of the property only, and the staff
feels that this would have a detrimental effect on the residents on 11th Street.
Council Member Berlanga inquired if the parking lot was large enough and
Mr. Wenger stated that it does have sufficient parking.
Mr. Wenger, in response to questions from the Council, pointed out on the
map the Doctor's Hospital and MHMR.
Council Member McComb stated that the applicant is responding in a way the
Council desired; i.e., rehabilitation.
Minutes
Regular Council Meeting
March 26, 1985
Page 22
Mr. Utter explained that Ilth Street is a fragile neighborhood;
rehabilitation needs to be controlled in the area; the staff does not have
strong objections, but the Council needs to be aware that other changes will be
forthcoming.
Mayor Pro Tem Turner expressed agreement with the special permit for a
restaurant, noting that there is enough vacant office space in the City. She
also pointed out that the restaurant will be dependent on individuals who are in
walking distance of the restaurant.
Mayor Jones called on the applicant to speak.
Mr. Leo Buis, 15532 Escapade, appeared representing the applicant, and
stated that hopefully he would be the new owner of the building. He informed
the Council that he had looked for property to build a cafe for about one year;
this property is ideal; there is a demand in the area for the cafe; he has the
support of the local merchants; and the building has been vacant for some time.
Mr. Buis explained that the restaurant would be open from 6:30 a.m. to
12:30 a.m.; he plans to have a relaxed atmosphere; he hopes to attract young
professionals; and there is a need in Corpus Christi to provide nice restaurants
that are open late. Mr. Buis summarized his presentation and stated that if he
cannot open his restaurant at this location, he will not open at all.
Mr. Wenger stated that there
eating area, and in response to a
restaurants are allowed in "AB"
connection with a full food service
Mr. Buis stated that he has
explained that the outdoor dining
and would also have a lattice—type
were some objections to the planned outdoor
question by Mrs. Turner, he stated that no
zoning, but that liquor can be served in
business.
no plans to serve alcoholic beverages, and
area would have a solid wall surrounding it
structure.
Mrs. Turner observed that she has no problem with an outdoor dining area.
A motion was made by Council Member Kennedy that the hearing be closed,
seconded by Mayor Pro Tem Turner, and passed unanimously.
A motion was made by Council Member Kennedy that "B-1" zoning be denied,
and in lieu thereof, grant a special permit for a restaurant on a portion of the
property with outside dining only until 10:00 p.m.; seconded by Mayor Pro Tem
Turner; and 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.
Assistant City Manager Utter informed Mr. Buis that he would need to
provide the Planning Department with a corrected site plan, at which time the
ordinance would then be considered by the City Council.
* * * * * * * * * * * * *
Mayor Jones called on Mr. Martin for the City Manager's Report.
Minutes
Regular Council Meeting
March 26, 1985
Page 23
Mr. Martin stated that he had provided the Council with a memorandum
regarding the hiring of EBA Engineering to do an analysis of the project
proposed by SDC Services. He informed the Council that a report would be
provided prior to the public hearing regarding the Greenwood site by the Texas
Department of Water Resources, which will be April 12, 1985.
Mr. Martin noted that the Council might be interested in knowing that there
are 310,000 acre feet of water in storage, which is 10,000 more than last week.
He then reminded the Council that the groundbreaking ceremony for the new
City Hall will be at 1:15 next Tuesday, April 2, 1985, at the Alameda site.
Mr. Martin stated that the swearing-in ceremony for the new Council will be
either April 9 or April 23, depending on if there is a runoff election, and he
needed to know if the Council wanted to hold a workshop meeting on the 9th. He
stated that due to legal requirements regarding posting of the meeting, this
decision would need to be made prior to the general election.
Acting City Secretary Zahn stated that she would prefer to have a special
meeting on Monday, April 8, for the purpose of canvassing the returns of the
election, which would then allow for an additional day of absentee voting.
Mayor Pro Tem Turner then made a motion to hold a special meeting on April
8, 1985 at 8:30 a.m., for the purpose of canvassing the returns of the General
Election, seconded by Council Member Mendez and passed unanimously.
After much discussion a motion was made by Council Member Mendez that there
would not be a workshop meeting on the 9th of April, whether there is a runoff
or not, and the swearing-in ceremonies take place on April 9, 1985 at the
Convention Center if there is no runoff, seconded by Council Member Kennedy, and
passed unanimously.
* * * * * * * * * * * * *
Mayor Jones called for petitions or information from the audience on
matters not scheduled on the agenda.
Mr. Jerome Bradford, 4317 Cottage and President of the Northside Business
Association, informed the Council that there is a very serious problem on the
north side of Corpus Christi. He stated that the north side of the City needs
to be cleaned up; he has talked to different City departments about code
enforcements in the area, and those departments instruct him to go to the City
Council and then the Council can instruct the departments to take action.
Mayor Jones expressed the opinion that Mr. Bradford should meet with City
Manager Martin and Assistant City Manager Bill Hennings.
Council Member Mendez stated that Mr. Bradford is concerned not only with
the north side, but also the west side of town and he is having problems in
getting abandoned vehicles, etc. removed.
Minutes
Regular Council Meeting
March 26, 1985
Page 24
Mrs. Mary Williams, 1210 North Staples, emphatically pointed out that the
Council needs to be aware of what is happening on North Staples. She stated
that open "war—fare" has been declared in the area; the residents are faced with
drug dealers who think they own the territory; there are small children in the
area being affected; and that gambling, drug dealing, and bootlegging are just a
few of the illegal activities in the area.
She summarized by stating that as decent, taxpaying citizens of the area,
the residents feel that they have no rights and the Council is their only hope
to get this area cleaned.
A motion was made by Council Member Kennedy that upper level management
meet with Mr. Bradford and Ms. Williams; an evaluation of the problems in the
area be made; and a formulated plan be presented to the Council. The motion was
seconded by Mayor Pro Tem Turner, and passed unanimously.
Ms. Williams thanked the Council for listening to her concerns.
Council Member Guerrero pointed out that the neighborhood should contact
the Police Department about the Neighbors On Watch program, noting that the area
qualifies for free signs.
Council Member Berlanga informed the Council of a situation whereby
professional drug dealers from Florida have a method of selling and delivering
drugs with no chance of apprehension.
Mr. Martin stated that he would contact Mr. Bradford regarding a meeting,
and pointed out that this is a problem that cannot be solved quickly or easily.
There being no further business to come before the Council, on motion by
Council Member Kennedy, seconded by Mayor Pro Tem Turner and passed unanimously,
the meeting was adjourned at 6:28 p.m., March 26, 1985.
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