HomeMy WebLinkAboutMinutes City Council - 04/09/1985Present:
Mayor Luther Jones
Council Members:
David Berlanga, Sr.
Dr. Jack Best
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
BAYFRONT PLAZA CONVENTION CENTER - ROOM 225
APRIL 9, 1985
2:35 P.M.
City Manager Edward A. Martin
City Attorney J. Bruce Aycock
City Secretary Armando Chapa
Mayor Luther Jones called the meeting to order.
He then recognized the Honorable Eduardo E. de Ases, U.S. Magistrate, who
was present to administer the oaths of office to the newly elected Council
Members.
Judge de Ases administered the oath to Mayor Luther Jones, following which
he administered the oath to Council Members David Berlanga, Sr., Jack Best, Leo
Guerrero, Joe McComb, Frank Mendez, Bill Pruet, Mary Pat Slavik, and Linda
Strong.
All of the Council Members then made brief statements expressing
appreciation to their friends and supporters and introduced the members of their
families who were present for the ceremonies.
City Secretary Armando Chapa then called roll and stated that the necessary
quorum of the Council and the required Charter Officers were present to conduct
a legally constituted meeting.
Mayor Jones then called for selection of a Mayor Pro Tem.
Council Member Joe McComb stated that as a result of the resolution
recently passed by the majority of the City Council, he would like to nominate
Dr. Jack Best as Mayor Pro Tem, since he received the highest number of votes in
the at large race. The motion was seconded by Council Member Linda Strong.
Council Members David Berlanga, Leo Guerrero, and Frank Mendez made
statements in regard to the method of selecting the Mayor Pro Tem and suggested
that a future Charter Revision Committee should consider the method of selection
of the Mayor Pro Tem to be presented to the voters during a Charter Amendment
election.
Mayor Jones called for the vote on the motion to elect Dr. Jack Best and
the motion passed unanimously.
MICROFILMED
Minutes
Regular Council Meeting
April 9, 1985
Page 2
A motion was then made by Council Member Mendez that the issue of the
selection of Mayor Pro Tem should be settled by a Charter Revision Committee who
should be instructed to take into account the new election system of Single
Member Districts. The motion was seconded by Council Member Guerrero and passed
unanimously.
Mayor Jones declared a recess at 3:20 p.m.
* * * * * * * * * * * * *
Mayor Jones reconvened the meeting at 3:40 p.m. and called for
consideration of Consent Motions, items 1 through 5.
1. Approval of specifications and authorization to receive bids May 1, 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 bronze
service saddles used by the Water division. Estimated expenditure is
$8,300.
2. Approval of specifications and authorization to receive bids May 1, 1985
for a twelve month supply agreement, with option to extend for an addi-
tional twelve months at the same terms and conditions subject to the
approval of the supplier and the City Manager, or his designee, for bus
parts for the Transit System as follows: General Motor Parts, estimated
annual expenditure $30,000; Gillig Corporation Parts, estimated annual
expenditure $30,000; and miscellaneous transit bus parts, estimated annual
expenditure $120,000.
3. Approving purchase of nineteen self-contained breathing apparatus and
nineteen air cylinders for the Fire Department based on low bid meeting
specifications to Koetter Fire Protection Service for $31,217.
Twenty-three bid invitations were issued and seven bids received. These
units are included in the 1984-85 Capital Outlay Budget.
4. Approving 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 Police
training reload ammunition to Zero Ammunition Company, based on low bid for
$10,813.55. Seven bid invitations were issued and five bids were received.
5. Authorizing the City Manager to execute a twelve month gas supply agreement
with Coronodo Transmission Company for the purchase of 3,000 mcf per day of
natural gas, noninterruptable, at a cost of $2.74/MMBTU delivery to begin
on April 10, 1985. Request proposals were sent to 28 companies with 14
proposals being received. This price is 64 cents per MMBTU less than the
City is currently paying for supplement gas and represents an annual
savings of $700,000.
Council Member Berlanga referred to item 5, and inquired if it would be
possible to purchase more gas from a less expensive source than Valero.
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City Manager Edward Martin explained that in accordance with the terms of
the City's 1984 contract with Valero Transmission Company, the City will be
allowed to purchase 20% of the required gas supply on the open market. He
stated that by doing this, the City had received a lower price for 20% of the
gas supply, but Valero is still responsible to provide the City with 80% of the
necessary supply. He stated that this will represent a savings of approximately
5% to the customer.
6. Authorizing the City Manager to execute an agreement with the Music
Performance Trust Fund, 1501 Broadway, Suite 315, New York City, New York,
for eleven (11) summer concerts in 1985, which will be played by the Corpus
Christi Musician's Association, Inc., Local No. 644, at a compensation of
$1,909.91 per performance, not to exceed $12,000 in total, for the purpose
of providing the citizens of Corpus Christi with musical performances for
their benefit and enjoyment. The $12,000 has been budgeted in the 1984-85
Community Services Activity.
7. A revocable easement be granted to CSI Business Systems for the purpose of
utilizing six inches of the public right-of-way of Power Street and North
Water Street at Block 38, Beach Portion. The existing building at this
location is constructed on the right-of-way line, and the request is being
made so that a new veneer face, not to exceed six inches in width, can be
installed as part of proposed remodeling for the building.
8. An easement be granted to Champlin Petroleum on Airport property for the
purpose of Champlin installing a cathodic protection system to protect its
existing pipe lines on Airport property in the area. No existing or
planned Airport improvements are in the area of the easement grant. A fee
of $1,500 is recommended for the granting of the easement.
Council Member Slavik referred to item 6 and inquired about the amount
remaining in the Community Services activity. She also inquired about the
possibility of obtaining federal matching funds.
Mr. Utter explained that each year funds are budgeted for the summer
contracts.
Council Member Berlanga inquired if the concerts will again be conducted in
Cole Park, and Mr. Utter replied affirmatively.
Council Member Berlanga inquired if there was anything that could be done
to contain the sound so as not to disturb the residents of the Del Mar neighbor-
hood.
Mayor Jones pointed out that there is no amplified system for this type of
concert and it should not be disturbing to the residents of the area.
Mayor Pro Tem Best inquired if there was any possibility of moving the
concerts to different areas of the City for the convenience of residents in
other areas.
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Regular Council Meeting
April 9, 1985
Page 4
City Manager Martin explained that there are two possibilities, one at
Greenwood Park and the other at Cole Park. He explained to the Council that a
Bayfront Activities Committee has been appointed and they are attempting to
establish uses for neighborhood parks, even for large events such as Buccaneer
Days.
Dr. Best suggested that the concerts be considered for other areas of the
City.
Mayor Jones called for comments from the audience on the Consent Motions,
items 1 through 8, and there was no response.
A motion was made by Council Member Guerrero that Consent Motions, items 1
through 8, be approved; seconded by Council Member Berlanga; and passed
unanimously.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Ordinances and
ordinances from previous meetings on items 9 through 17.
Council Member McComb referred to ordinance 9, which authorizes a change
order in the amount of $46,750 for the construction of a 52 space parking lot in
Heritage Park. He inquired if it would not be preferable to take bids on that
parking lot again.
City Manager Martin assured the Council that bids were received on this
parking lot; it was included as an alternate bid and was not awarded at the time
of the award of the primary contract; and it is now being handled by a change
order. He expressed the opinion that this bid, which was bid as a part of the
entire project, has a better price than could be received by going out for bids
again.
In response to Council Member Slavik's question about the estimated
completion date, Assistant City Manager Bill Hennings explained that it will be
completed in May.
Mayor Jones referred to ordinance 12, awarding a contract for the
relocation of the fence along the U.S. Navy's frontage of Cabaniss Field on
Saratoga Boulevard. He expressed the opinion that he did not think that it
would be practical to move a fence that is 45 years old.
City Manager Martin explained that the City's obligation was to relocate
the fence; the project was bid both ways, either relocating the fence or
installing a new fence; and he would like to request that this item be delayed
for one week. He stated that it may be possible to work out a compromise with
the Navy to provide for a new fence rather than relocating the fence. He then
withdrew from consideration ordinance 12.
In reference to ordinance 14, which approves a contract between the City
and the Del Mar Neighborhood Association to provide for the landscaping of a
certain median on Santa Fe Street, Council Member Slavik expressed the opinion
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that this is a good project and stated that she would like to encourage more
neighborhoods to consider this type of improvement in cooperation with the Park
and Recreation Department.
A member of the audience, Mrs. Janet Rice, President of the Del Mar
Neighborhood Association, expressed appreciation to the Council for approving
this item. She stated that they plan to start work on it almost immediately.
She referred to the request that the City provide a 3 -foot sidewalk.
Council Member McComb stated that he had driven by the location and noticed
that 3 feet of asphalt had been allowed to remain and he assumed that that was
for the sidewalk.
Mr. Utter stated that he was not aware of this and did not know the reason
for it.
Council Member McComb asked where the bus stop would be located.
Mr. Utter informed the Council that the bus stop will be located at the
east corner of the triangle.
Mayor Jones inquired if anyone in the audience wished to speak in regard to
the consent ordinances, items 9 through 17.
Mr. Ruben Gonzales, Vice President of the Landmark Commission, stated that
he would like to address item 9, pertaining to the 52 space parking lot in
Heritage Park, and stated that the Landmark Commission did not recommend
installation of this parking lot because they felt that it would take up space
that could be available for more old homes to be moved to the area. He stated
that the Landmark Commission approved the entire two -block area for this
purpose, with the exception of the one parking lot.
City Manager Martin explained that the staff disagrees with the Landmark
Commission because they are of the opinion that it would be a mistake to fill
the entire two -block area with houses with no facilities for parking. He
expressed the opinion that with the completion of the Multi -Cultural Center, the
City will experience a great deal of use of the area and the parking will
definitely be needed.
Council Member Guerrero inquired if any other land is available for
relocation of homes.
Mr. Martin replied that there is one additional site available between the
McCampbell Home and the Meriman-Bobys House. He stated that there is also land
across the street to the east that is owned by the City and there is some land
owned by the City which is north of this area.
Council Member Guerrero then requested that the Council be provided with a
breakdown of options so that they would know what land is owned by the City.
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Regular Council Meeting
April 9, 1985
Page 6
City Manager Martin indicated that he would be glad to provide this, but
pointed out that there is a more important decision to be made on the layout of
the other expansion, and it might be necessary to consider purchasing another
square block. He reiterated that giving up parking for the Multi -Cultural
Center would be a mistake.
Council Member Slavik stated that she felt the parking spaces were
essential and urged that this ordinance be approved.
Council Member Linda Strong noted that the entire project has grown in
depth, and she would be in favor of the purchase of another block for expansion,
but agreed that it would be imperative to provide parking.
City Manager Martin assured the Council that a map showing the land that is
owned by the City in the vicinity would be sent to the Council.
Council Member McComb referred to the second reading of the amendment to
the animal control ordinance and inquired if this was related to the number of
homing pigeons allowed in the City.
City Manager Martin informed him that that issue is still before the Animal
Control Advisory Board.
Referring to the same ordinance, Council Member Berlanga urged that the
Animal Control Department be allowed to employ enough personnel to pick up stray
dogs.
City Manager Martin pointed out that the real problem is that there are too
many people in the City who do not take care of their dogs, and that the con-
viction rate is very low. He informed Mr. Berlanga that the staff is allowed to
use tranquilizer guns for the apprehension of dogs that are running loose, but
the real need in effective animal control is not having more staff to pick thgm
up, but in obtaining more convictions.
Mayor Pro Tem Best recalled that four years ago the City Council at that
time spent a great deal of time discussing the ordinance that is now in effect.
He expressed the opinion that the ordinance was a good one at that time and the
problem seems to be with municipal judges allowing people to be declared
innocent rather than convicting them of violations.
City Manager Martin stated that the changes being made are designed to
close any loopholes in the ordinance so that they can effectively be enforced
and convictions can be made.
City Manager Martin stated that if the Council was concerned about this
ordinance, more discussion can occur. He stated that he would be glad to have
someone from the Animal Control Advisory Board address the Council prior to the
third reading of this ordinance. He explained that there is a technical
loophole that is being used, and the Animal Control Advisory Board is of the
opinion that this amendment will ensure that enforcement will be improved.
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Mayor Jones inquired if there were any other people in the audience who
wished to speak on the ordinances, and there was no response.
City Secretary Chapa polled the Council for their votes on the Consent
Ordinances and the following ordinances were passed:
9. ORDINANCE NO. 18783
APPROPRIATING $53,000 OUT OF NO. 162-152-807.05, SEVENTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FOR CHANGE ORDER NO. 3 PROVIDING FOR THE CONSTRUC-
TION OF A PARKING LOT IN THE SOUTHWEST CORNER OF HERITAGE PARK; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye".
10. ORDINANCE NO. 18781:
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF:
Annaville Area, No. 2
1. Heizer Drive, from Near Westview Drive to McKenzie Road,
2. Emmord Loop, from Heizer Drive to Heizer Drive,
3. Veda Drive, from Emmord Loop to Heizer Drive,
4. Hurst Drive, from Emmord Loop to Emmord Loop,
5. Sammons and Nida Drives, from Heizer Drive to Leopard Street,
6. Guess Drive, from Hilltop Road to Violet Road, and
7. Sunny Drive, from Violet Road to Leonard Drive.
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye".
11. ORDINANCE NO. 18782
APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR
THE IMPROVEMENT OF THE FOLLOWING STREETS:
Annaville Area, No. 2
1. Heizer Drive, from near Westview Drive to McKenzie Road,
2. Emmord Loop, from Heizer Drive to Heizer Drive,
3. Veda Drive, from Emmord Loop to Heizer Drive,
4. Hurst DRive, from Emmord Loop to Emmord Loop,
5. Sammons and Nida Drives, from Heizer Drive to Leopard Street,
6. Guess Drive, from Hilltop Road to Violet Road, and
7. Sunny Drive, from Violet Road to Leonard Drive.
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Regular Council Meeting
April 9, 1985
Page 8
DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING
PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING
ON THE PRELIMINARY ROLL FOR MAY 14, 1985 AT 7:30 P.M., IN THE ANNAVILLE
ELEMENTARY SCHOOL CAFETERIA, 3901 HILLTOP ROAD; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye".
12. (This Ordinance was withdrawn -- See Page U4)
13. ORDINANCE NO. 18784:
APPROPRIATING $18,536.05 FOR REIMBURSEMENT TO MAURICE HUNSAKER FOR THE
INSTALLATION OF APPROXIMATELY 1,350 LINEAR FEET OF 12" DIAMETER SANITARY
SEWER COLLECTION LINE; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye".
14. ORDINANCE NO. 18785:
AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE DEL
ASSOCIATION FOR THE LANDSCAPING OF A CERTAIN MEDIAN ON
APPROPRIATING $5,200; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the
vote: Jones, Best, Berlanga, Guerrero,
Strong voting, "Aye".
15. SECOND READING:
MAR NEIGHBORHOOD
SANTA FE STREET;
ordinance passed by the following
McComb, Mendez, Pruet, Slavik and
AMENDING CHAPTER 6, ANIMAL CONTROL, SECTION 6-20, RESTRAINT, ARTICLE III,
OF THE CITY CODE OF ORDINANCES, PROVIDING FOR MAKING IT A VIOLATION FOR ANY
ANIMAL TO BE A PUBLIC NUISANCE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The ordinance was read for the second time and passed to its third reading
by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez,
Pruet, Slavik and Strong voting, "Aye".
16. THIRD READING - ORDINANCE NO. 18786:
CLOSING AND ABANDONING THE 20 FOOT WIDE ALLEY IN BLOCK 73, BROOKLYN
ADDITION; PROVIDING FOR SEVERANCE.
The ordinance was read for the third time and passed by the following vote:
Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong
voting, "Aye".
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17. THIRD READING - ORDINANCE NO. 18787:
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 ordinance was read for the third time
Jones, Best, Berlanga, Guerrero, McComb,
voting, "Aye".
and passed by the following vote:
Mendez, Pruet, Slavik and Strong
* * * * * * * * * * * * *
Mayor Jones called for action by motion of the following item:
18. Discussion of application for a hazardous waste storage and processing
permit by SDC Services and considering a motion for future action.
City Manager Martin reminded the Council that they had expressed concern
about the application for the storage of hazardous wastes by SDC Services and
the City had employed an engineer to examine the application and provide
comment. He then asked Assistant City Manager Hennings to summarize the report.
Mr. Hennings stated that the Council had discussed this matter on March 19,
1985, prior to the hearing which is scheduled for April 12, 1985. He stated
that the purpose of employing EBA Engineering was to examine the permit
application and provide an explanation to identify issues of possible concern.
He referred to the report from EBA Engineering and stated that SDC Services,
Inc. has been in operation at 7500 Greenwood Drive for approximately ten years;
they are now applying for a hazardous waste permit; and they do not plan to make
any changes in their operation. He stated that the company felt that they could
improve their business environment by obtaining a hazardous waste permit in two
ways; one, to eliminate the risk of being put out of business if the
Environmental Protection Agency classifies used motor oil as hazardous waste,
since there is some indication that this may happen in the near future because
of the lead content; and two, expand the list of refinery projects which they
can blend to improve the flammability and other characteristics of waste oil.
Mr. Hennings continued by stating that following the review by the
consultant of the permit application, examination of the existing operation, and
an interview with the local representatives of the Texas Department of Water
Resources, a number of favorable considerations have been identified about the
project and no significant adverse effects on the community have been
discovered. Mr. Hennings pointed out that with a hazardous waste permit, the
company would be subject to closer scrutiny. He reiterated that there is very
little change proposed in their operation, but it may be a larger operation than
currently exists.
Council Member Guerrero inquired if a permit is approved, if this would
lead to abuse for deep well injection.
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Regular Council Meeting
April 9, 1985
Page 10
Mr. Hennings stated that if the company obtains a permit, they will operate
under strict regulations conducted by the Texas Department of Water Resources
and they will be prohibited from deep well injections.
Council Member Mendez expressed the opinion that the City should be sure
about what type of expansion they plan, and Mr. Hennings stated that they have a
number of tanks on their property and their plans will be examined at the
hearing to be conducted next Friday. He reminded the Council that this location
is outside the city limits. He explained that the Texas Department of Water
Resources will conduct the hearing and will make the decision, but the City
staff will be allowed to testify at the hearing.
Mr. Hennings informed the Council that he recommended that he and
representatives of the City Health Department attend the public hearing to
monitor the information presented. He assured the Council that if something
unanticipated or different from what has been reported becomes apparent, then
the City staff will be in a position recommend further action.
Council Member Mendez stated that if there will be additional information
at the public hearing, all of the additional information should be obtained and
then the City could submit objections if they feel it is necessary.
Council Member Berlanga noted that if the Texas Department of Water
Resources issues a permit, the City will have no recourse.
Mr. Martin stated that that is technically correct, but the City Council
could make the determination that this is undesirable for the citizens and the
City would have the right to make opposition known, or legal action could be
taken.
Council Member Bill Pruet noted that the company has not applied for a
permit through the City and inquired about the reason they are applying for a
permit now before there is even an EPA requirement for such a permit. He asked
if it is because of other materials they plan to use, and Mr. Hennings stated
that that is what the City staff is assuming.
Council Member McComb stated that he felt the Council should take the
position as a City that we do want this company to prosper and expand. He
stated that he felt that the hearing should be attended and the Council should
have a positive attitude since this company is a reputable one and are going
through the proper procedures.
A motion was made by Council Member Mendez that the staff attend the
hearing, bring back information to the City Council, and represent the Council's
concerns at the hearing. The motion was seconded by Council Member Strong.
Council Member Slavik stated that there is a gentleman in the audience who
would like to speak in regard to this matter, noting that he is an expert on
waste materials.
Mr. Philip Rosenstein, 942 Bobalo, explained his credentials for testifying
in regard to this matter, noting that he has received a certificate during his
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years in the service. He stated that he hoped people did not believe the
consultants word. He presented a written report to the Council in regard to
this operation. He expressed the opinion that almost any chemical can be
hazardous and pointed out that this location is very near to City parks. He
also informed the Council that this company did have an explosion at their
location a short time ago, and again expressed the opinion that the chemicals
are unstable and could be hazardous, and he felt that it should be mandatory
that the Council attend the hearing on April 12, 1985.
Mayor Jones then called for the vote on the motion made by Council Member
Mendez and it passed unanimously.
* * * * * * * * * * * * *
19. Amending, prior to third reading, the ordinance regulating Peddlers,
Solicitors and Itinerant Vendors.
City Manager Martin stated that the staff had attempted to amend the
ordinance in response to the comments made to the City Council when this
ordinance was first considered. He stated that the most significant change is
that the fee has been reduced from $75 a month to $25 a month, and there will
also be an annual fee of $275; another change is to amend the ordinance to
specify fresh fish rather than "this day's catch" as it pertains to those
selling fish. He stated that to the staff's knowledge, this meets the
objections that were raised. He stated that he could assure the Council however
that once the ordinance is in effect, other concerns will be raised. He stated
that the staff recommends that the ordinance be adopted, and that it can be
amended after it has been in effect for some time and the staff has had an
opportunity to evaluate its effect on the vendors.
Council Member Slavik asked for clarification of the insurance change as
listed under Section 38-6(9) which adds a provision allowing indemnity agreement
in lieu of insurance requirements for parade vendors only, since the cost of
such a policy would make this one -day permit practically useless.
Mr. Utter explained that if a vendor has only a four hour permit, the
insurance should not be required.
Council Member Mendez expressed the opinion that the revised ordinance does
address the concerns that were expressed.
A motion was made by Council Member Slavik that the proposed amendment be
approved, seconded by Council Member Pruet, and passed unanimously.
City Secretary Chapa polled the Council for their vote on the third reading
of the ordinance and it passed as follows:
20. THIRD READING - ORDINANCE NO. 18788:
AMENDING CHAPTER 38, PEDDLERS, SOLICITORS AND ITINERANT VENDORS, OF THE
CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR THE
PERMITTING, REGISTRATION AND REGULATION OF VENDORS, PEDDLERS, ITINERANT
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Regular Council Meeting
April 9, 1985
Page 12
MERCHANTS AND COMMERCIAL SOLICITORS; PROVIDING FOR THE AMENDMENT OR REPEAL
OF CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION AND AN EFFECTIVE DATE.
The ordinance was read for the third time and passed by the following vote:
Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong
voting, "Aye".
Mayor Jones called for consideration of Ordinance 21, amending the zoning
ordinance upon application of W. R. Hubler, M.D. on block 1002, Bay Terrace 112,
for use as a restaurant.
Assistant City Manager Utter explained that Dr. Hubler has his office
located near this small building; it has been vacant for some time; when the
zoning case was considered by the City Council, the staff recommended a special
permit; the applicant also desired to have outside dining; and the Council
authorized a change in the site plan to allow for outside dining. He explained
that the applicant has submitted the site plan and has decided that he does not
want to have the outside dining; therefore the staff also recommends approval of
the special permit.
Mayor Jones called for comments from the audience on this zoning ordinance.
There were none.
City Secretary Chapa polled the Council for their votes on the ordinance
and it passed as follows:
21. ORDINANCE NO. 18789:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF W. R. HUBLER, M.D. BY
GRANTING A SPECIAL COUNCIL PERMIT FOR A RESTAURANT ON A PORTION OUT OF
BLOCK 1002, BAY TERRACE NO. 2; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye".
* * * * * * * * * * * * *
Mayor Jones called for the City Manager's Report and other items.
City Manager Martin explained that there will be some rather major items on
the agenda next week; the staff would like to present an update on the water
situation; and a recommendation that an outside tax collection approach be
utilized. He stated a report on this will be in the Council's packets Friday.
He stated that also on the agenda may possibly be the water garden design plan,
a project that has been under consideration for some time. He informed the
Council that another major decision needed to be made by next Tuesday as to
whether or not a third floor should be placed on the new library building. He
stated that the City does not actually have funds available for the third floor,
but this will be the last opportunity to add the shell for the third floor for
future use.
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Council Member Mendez referred to the outside collection of taxes and
inquired if the City proposes to go out for bids for this project.
City Manager Martin explained that there is a Charter provision that
implies that the City cannot use outside agencies, but the State law implies
that the City can.
On another matter, Council Member Guerrero displayed the t -shirts to be
used for the baseball team which will play in a league sponsored by the Chamber
of Commerce on Tuesday night.
Mayor Jones requested that an item be placed on the agenda the first thing
next Tuesday to explain procedures to the new Council Members, particularly in
regard to the mechanics of the buttons and how the Council shares their time on
current concerns.
Mayor Pro Tem Best inquired if there is a plan to have a workshop meeting
to establish goals for this new Council, and Mayor Jones stated that this will
be discussed next week also.
Council Member McComb stated that he has been working on a project for some
time and he would like to have about 15 minutes next week to discuss it.
A short discussion followed on the method of seating the Council, but no
decisions were made.
* * * * * * * * * * * * *
Mayor Jones called for petitions or information from the audience on
matters not scheduled on the agenda.
Mr. Ivan Arcenaux, Director of the Area Agency on Aging for the Council of
Governments, informed the Council that there are 32,000 senior citizens who
reside in Nueces County. He pointed out that they form a very important
minority and he felt that this Council would see them often representing senior
citizen groups. He stated that the Center for Creative Living is sponsoring two
events for senior citizens' benefit called Grayfest and Winterfest. He asked
that the Council Members allow the members of these organizations to pick up all
of their political signs for recycling for the Grayfest event. He then invited
the City Council to the first Cajun Festival to be held at Gallagher's
Restaurant on April 17, 1985, at approximately 6:00 p.m.
There being no further business to come before the Council, on motion by
Council Member Berlanga, seconded by Council Member Guerrero and passed
unanimously, the Regular Meeting was adjourned at 5:32 p.m., April 9, 1985.
DZ/td