HomeMy WebLinkAboutMinutes City Council - 04/23/1985MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
APRIL 23, 1985
2:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Dr. Jack Best
Council Members:
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
City Manager Edward A. Martin
Assistant City Attorney Jay Doegey
City Secretary Armando Chapa
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Council Member Leo Guerrero, following which
the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro
Tem Jack Best.
City Secretary Armando Chapa called the roll and verified that the
necessary quorum of the Council and the required Charter Officers were present
to conduct the meeting.
A motion was made by Council Member Frank Mendez that the Minutes of the
Regular Council Meeting of April 16, 1985 be approved; seconded by Mayor Pro Tem
Best; and passed unanimously.
* * * * * * * * *
Mayor Jones announced the bid opening on the following engineering project:
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.
MICROFii ton
Minutes
Regular Council Meeting
April 23, 1985
Page 2
Council Member Mary Pat Slavik inquired if the improvements to be made will
eliminate the flooding at a nursing home in the area.
Assistant City Manager James K. Lontos explained that this is a
neighborhood type of program which will improve the drainage in the area of
Ayers and Kostoryz and if the nursing home is in that area, their problem should
be eliminated.
Mr. Lontos then opened bids on this project from the following firms:
Backhoe Lease Service, Inc.; Richard L. Brown and Stanley Brown, Contractors;
Cactus Utility Company; Claude Chapman Construction Co., Inc.; F & E Erection
Co., Inc.; Heldenfels Brothers, Inc.; W. T. Young Construction Co., Inc.; and J.
M. Davidson, Inc.
City Manager Martin explained that there is no requirement that bids be
opened before the City Council, but past Councils have indicated on large
projects of $50,000 or over that they would like to have them opened during the
Council Meetings.
Council Member Linda Strong arrived at the meeting at 2:11 p.m. during the
foregoing bid opening.
Mr. Lontos then explained the plans for the drainage improvements and
stated that the drainage pipe will be installed underground and the size will
graduate from 18 inches up to 36 inches. He stated that the major outfall is
sized to handle a five-year time of rain.
Council Member Mendez questioned whether the size of the pipe would be
adequate to really improve the drainage. He urged that the pipe be large enough
to take care of future needs.
Mr. Lontos explained that the existing line is 42 inches and this line will
tie into it.
Mayor Jones expressed appreciation to the companies that had submitted bids
and stated that they would be tabled for 48 hours, pursuant to the requirements
of the City Charter, and referred to the Staff for tabulation and
recommendation.
* * * * * * * * *
Mayor Jones called for Confirmation of Action from the Council from the
Workshop Session on resolutions to approve the appointments of Municipal Court
Judges and Municipal Court Clerk.
City Secretary Chapa polled the Council for their votes and the following
resolutions were passed:
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April 23, 1985
Page 3
RESOLUTION NO. 18803:
APPOINTING JACK HUNTER PRESIDING JUDGE
TEXAS, AND BILL MONKRES, JOSE GARZA,
DECLARING AN EMERGENCY.
OF THE MUNICIPAL COURT IN CORPUS CHRISTI,
PAULA WADDLE MUNICIPAL COURT JUDGES; AND
The Charter Rule was suspended and the
Jones, Best, Guerrero, McComb, Mendez,
Berlanga, "Nay".
RESOLUTION NO. 18804:
resolution passed by the following vote:
Pruet, Slavik and Strong voting, "Aye";
APPOINTING ANITA GARZA MUNICIPAL COURT CLERK; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the resolution passed by the following vote:
Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong
voting, "Aye".
Mayor Jones then called for consideration of the following motion:
Motion approving the proposed plan of the State Department of Highways and
Public Transportation for expressway improvements through Flour Bluff
including the new off -ramp west of Waldron Road westbound and a new
overpass from NAS Drive to South Padre Island Drive westbound, with an
amendment to provide for an off -ramp rather than an on-ramp for eastbound
travel west of Waldron Road.
A motion was made by Council Member Mendez that the foregoing motion be
confirmed, seconded by Council Member Strong and passed by the following vote:
Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye";
Guerrero voting, "No".
Mayor Jones then called for consideration of a resolution confirming the
appointment of Mr. Marvin Koehl to the position of Director of Data Processing
which was posted as an emergency item.
City Secretary Chapa polled the Council for their votes and the following
resolution was passed:
RESOLUTION NO. 18805:
CONFIRMING THE APPOINTMENT BY THE CITY MANAGER, PURSUANT TO THE CITY CHARTER,
ARTICLE III, SECTION 3, OF MARVIN KOEHL; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the resolution passed by the following vote:
Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong
voting, "Aye".
Minutes
Regular Council Meeting
April 23, 1985
Page 4
Mayor Jones then administered the oath to Mr. Douglas Williams, a new
appointee to the Private Industry Council.
* * * * * * * * *
Mayor Jones called for consideration of the following Consent Motions.
1. Approval of specifications and authorization to receive bids May 15, 1985,
for 1000 gallons of cythion insecticide (91% malathion) to be used by
Vector Control in the control of mosquitoes. Estimated expenditure is
$16,300. (Attachment #3)
2. Approval of specifications and authorization to receive bids May 15, 1985,
for design and construction of a work platform using a City—owned 12' x 21'
barge for the Marina Division. Estimated expenditure is $6,000.
3. Approval of specifications and authorization to receive bids May 15, 1985,
for at least twelve electric golf carts for the Gabe Lozano, Sr. Golf
Center. Bidders will be asked to protect the bid price for any additional
units which may be required during the next twelve months. Estimated
expenditure is $30,000.
City Manager Martin informed the Council that Item No. 3 should reflect ten
electric golf carts rather than twelve.
Council Member Berlanga referred to Item 3 and stated that he still
received a number of complaints about the condition of the greens at the Gabe
Lozano, Sr. Golf Center. He inquired if the expert to be employed would be
responsible for the care of the greens. He also stated that he had received a
call from a gentleman who was experienced in upkeep of golf courses and
volunteered to assist the City to improve the greens at no cost.
City Manager Martin assured Mr. Berlanga that the City will be glad to
accept his offer.
4. An agreement with Regency Investment Company, developer of Chaparosa Park
Unit 2, be approved. This agreement, which is a result of an appeal made
to the City Council on March 12, 1985, provides for:
(a) The developer paying a lot/acreage fee of $43,513.60 into the Sanitary
Sewer Trust Fund.
(b) The City agreeing to reimburse the developer this amount within 10
years, if any governmental entity other than the City provides
sanitary sewer collection lines to this subdivision.
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April 23, 1985
Page 5
(c) Interest would not be paid on deposited funds and reimbursement would
be subject to the availability of monies in the trust fund.
This proposed subdivision is located 3 miles south of F.M. 624 and west of
Highway 77.
5. A change order for $12,600 be approved with SECOM for the Airport parking
revenue control equipment. The change order provides for the deletion of
the treadle pads since they are unnecessary due to the fact that the
present loop system is effective. The change order also provides for
installation of telephone cable by SECOM rather than Southwestern Bell
Telephone Company, and in addition, equipment is provided for the
additional third booth. The net cost of the change is $12,600 to be funded
from Airport Reserve.
6. Amending, prior to second reading, Article 36, Section 36-11 of the Code of
Ordinances, Curfew: Alcoholic Beverages to extend the prohibition of
alcoholic beverages between 10:00 p.m. and 7:00 a.m. in neighborhood parks.
The amendment has been approved by the Park and Recreation Board.
7. Plans and specifications be approved for Purdue Road Street Improvements,
Phase II, and bids be received on May 22, 1985. This 1982 Street Bond
project proposes the reconstruction of Purdue Road from Waldron Road to
Flour Bluff Drive and includes an additional 800 foot section of Purdue
Road east of Waldron Road.
Council Member McComb referred to Item 5 and stated that he was surprised
that although the Council had authorized the construction of a third booth, it
is not yet operational.
City Manager Martin explained that the Council had authorized the concept
of the booth but this is just to authorize the actual construction as a part of
another project.
Council Member Berlanga referred to Item 6 and informed the Council that he
had attended a neighborhood park dedication. He stated that the people present
were very concerned about the consumption of alcoholic beverages and they would
like to have the consumption totally prohibited in neighborhood parks.
City Manager Martin reminded the Council that this ordinance was passed on
first reading last week; the Council asked that the curfew time prohibiting
alcoholic beverage consumption be lowered to 10:00 p.m. until 7:00 a.m. in
neighborhood parks; and this amendment is to carry out those instructions.
Mr. Utter explained that there are only a few parks that would not be
considered neighborhood parks and would not be under the regulations listed in
this amendment to the ordinance.
Minutes
Regular Council Meeting
April 23, 1985
Page 6
Council Member Mendez inquired if signs would be posted in the parks
indicating that there is a curfew to prohibit consumption of alcoholic beverages
between the hours of 10:00 p.m. and 7:00 a.m., and City Manager Martin explained
that the signs would be very unattractive but the ordinance would be enforced.
Mayor Jones called for comments from the audience on Items 1 through 7.
No one spoke.
A motion was made by Council Member Guerrero that Consent Motions, Items 1
through 7, be approved; seconded by Council Member Slavik; and passed
unanimously.
* * * * * * * *
Mayor Jones called for consideration of Consent Ordinances and Ordinances
from Previous Meetings on Items 8 through 15.
City Manager Martin referred to an emergency posting that had been made the
preceding day to add Ordinance No. 8a which is the ordinance determining the
necessity for the improvements to Purdue Road Street Improvements, Phase II
Project.
City Manager Martin pointed out that Ordinance No. 11 pertaining to the
improvements at the Westside Wastewater Treatment Plant had been withdrawn.
Council Member Guerrero referred to Ordinance No. 10 which annuls the award
of a contract to The Lerma Company on the Los Encinos Park Improvements project
and inquired if The Lerma Company was unable to obtain bonds.
Mr. Gerald Smith, P.E., City Engineer, explained that Mr. Lerma has
informed him repeatedly that the bonds will be forthcoming but the contract was
awarded on March 5 and the Staff feels that since so much time has elapsed, the
City should go ahead and award the bid to the second low bidder.
Council Member Guerrero indicated his concurrence with the ordinance
because the improvements to the park are needed and should be started as soon as
possible.
Mayor Jones called for comments from the audience on the ordinances and
there was no response.
City Secretary Chapa polled the Council for their votes and the following
ordinances were passed:
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April 23, 1985
Page 7
8. ORDINANCE NO. 18797:
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF:
Purdue Road
1. Purdue
2. Purdue
Road, from Flour Bluff Drive to Waldron Road, and
Road, from Waldron Road easterly 840 linear feet,
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".
8a. ORDINANCE NO. 18798:
APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR
THE IMPROVEMENT OF THE FOLLOWING STREET:
Purdue Road
1. Purdue Road, from Flour Bluff Drive to Waldron Road, and
2. Purdue Road, from Waldron Road easterly 840 linear feet.
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 28, 1985, DURING THE REGULAR COUNCIL
MEETING WHICH CONVENES AT 2:00 P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 302
SOUTH SHORELINE BOULEVARD; 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".
9. ORDINANCE NO. 18799:
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO
PARCEL 70 FOR THE NAVY CLEAR ZONES - CABANISS FIELD PROJECT AND TO ACQUIRE
SAID PARCEL FROM THE OWNERS, CARDCO, INC.; 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".
Minutes
Regular Council Meeting
April 23, 1985
Page 8
10. ORDINANCE NO. 18800:
ANNULLING THE AWARD AND ACCEPTING THE FORFEITURE OF THE BID SECURITY OF
THE LERMA COMPANY DUE TO FAILURE TO PROVIDE PERFORMANCE AND PAYMENT BONDS
ON THE LOS ENCINOS PARK IMPROVEMENTS AND AUTHORIZING THE EXECUTION OF A
CONTRACT WITH THE SECOND LOW BIDDER, FRATON, INC., FOR IMPROVEMENTS TO LOS
ENCINOS PARK; APPROPRIATING $3,500; 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. (This ordinance was withdrawn)
12. ORDINANCE NO. 18801:
CLOSING AND ABANDONING THE NORTHERLY 5 FEET OF THE 10 FOOT UTILITY EASEMENT
IN LOT 15, BLOCK 9, BRECKENRIDGE UNIT 5, SUBJECT TO THE PROVISIONS LISTED
BELOW; 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".
13. SECOND READING:
AMENDING ARTICLE 36, PARKS, RECREATION, CULTURAL, AND LEISURE TIME
ACTIVITIES, SECTION 36-11, CURFEW; ALCOHOLIC BEVERAGES, OF THE CODE OF
ORDINANCES; 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".
14. SECOND READING:
AMENDING CHAPTER 23, SECTION 23-18, HEALTH CLINIC VISIT FEE, ARTICLE I, TO
INCREASE HEALTH CLINIC VISITS FROM $2.00 TO $5.00; 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".
15. SECOND READING:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXTEND THE CONTRACT AND LEASE
AGREEMENT WITH THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC. FOR THE USE
OF THE GARDEN CLUB BUILDING SITUATED IN CORPUS CHRISTI NATURE CENTER PARK,
ADJACENT TO GREELY DRIVE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, FOR A TERM OF FIVE YEARS, UNDER THE TERMS AND CONDITIONS AS SET
FORTH IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED
EXHIBIT "A", AND MADE A PART HEREOF.
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April 23, 1985
Page 9
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".
Mayor Jones called for consideration of Actions by Motion from the Regular
Agenda on the following item:
16. Authorizing an additional $25,000 to the Chamber Homeport Task Force to
assist in defraying expenses for the Homeport project. The City had
previously provided $25,000 and it is recommended that these funds be
allocated from the General Fund Reserve.
Mayor Jones provided information in regard to the status of the Senate and
House Bills pertaining to the Homeport. He then called for comments from Mr.
Loyd Neal who is Chairman of the Chamber Homeport Task Force.
Mr. Loyd Neal expressed appreciation for being there. He then distributed
to the Council copies of the budget of the Task Force. He briefly explained the
use of the money that had been provided by this City and other entities for use
by the Task Force and expressed appreciation for the assistance of the City,
Nueces County, Port of Corpus Christi Authority and particularly, contributions
made by the private sector in South Texas. He stated that the overwhelming
passage of the $25 million bond election should be very impressive and increase
Corpus Christi's chances of being named for the Homeporting.
Mr. Neal continued by stating that the Task Force has a deficit of
$63,139.93 and explained that the additional expense was incurred because of
questions asked by the U. S. Navy which the Task Force had to respond to. He
stated that they are present today to request an additional $25,000 from the
City and the remainder of the deficit will be obtained from private businesses.
He expressed the opinion that the nearly $200,000 has been well spent in this
effort and pointed out the cooperation that had been the result of this effort
between various cities and governmental entities.
Council Member Slavik complimented Mr. Neal and the others on the Committee
for the outstanding job they had performed and inquired if the consultant's
report could not be used for other purposes.
Mr. Neal agreed that they could be used to attract industries to this area
and he explained that the databank with the information can be updated. He
assured the Council that the Chamber of Commerce has all of the information and
it will be available to the City, County or anyone else who might need it.
A motion was made by Council Member Guerrero to approve Item 16, seconded
by Council Member McComb and passed unanimously.
Minutes
Regular Council Meeting
April 23, 1985
Page 10
17. Ibanez Construction Company be determined to be in default on a contract to
construct golf cart paths at Gabe Lozano, Sr. Golf Center and a contract to
complete the work be awarded to M & M Construction Company in the amount of
$15,250.00. The Ibanez firm was awarded this $37,285.82 contract in
August, 1984 and was allotted 20 working days to complete the work. The M
& M firm, a subcontractor on the project, can complete the work with
remaining funds from the original contract award.
City Manager Martin explained to the Coundil•that in August of 1984, which
was approximately 250 days ago, the City awarded a 20 -day contract to Ibanez
Construction Company. He pointed out that the golf cart paths are still not
completed and the Staff is requesting that the contract be declared in default
and that the contract be completed by M & M Construction Company.
Council Member Slavik inquired about the amount that the City will receive
from the Ibanez Construction Company bond, and City Manager Martin stated that
it would just be for the amount of the contract. -
Mayor Jones called for comments from the audience on this item.
No one spoke.
A motion was made by Council Member Mendez that Item 17 be approved,
seconded by Council Member Strong and passed unanimously.
* * * * * * * * * *
Mayor Jones called for Action by Ordinance from the Regular Agenda on Item
18 which involves an amendment to the Platting Ordinance pertaining to park
dedication.
City Manager Martin explained to the Council that the Texas Supreme Court
recently reversed a lower Court's decision and upheld the City of College
Station's mandatory park dedication ordinance. He stated that the Staff is
recommending amending the Platting Ordinance so that the language will be
consistent with that set forth by the State law. He explained the various
amendments that are proposed in this ordinance.
Council Member Mendez expressed concern in that the City already has a lot
of raw land that has been dedicated as a part of 'subdivisions and the City does
not have the money to develop these parks. He suggested that the City consider
the possibility of dedication of money for improvements rather than so much land
for neighborhood parks. He stated that he thought that this had been done in
other cities.
Mayor Jones noted that another possibility would be the dedication of parks
in adjacent subdivisions in one area in order to provide a larger park.
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Page 11
City Manager Martin pointed out that the City's Platting Ordinance requires
the dedication of park land in any subdivision containing twenty or more acres.
He stated that he was of the opinion, however, that park dedication should be
based on density rather than acreage and most of the Staff is in agreement that
this should be changed in the Platting Ordinance. He stated that he hoped to
have revisions to the Platting Ordinance in regard to this before the Council
within six months.
Council Member Strong stated that she had been informed recently that a
Council of Neighborhood Associations had been formed. She suggested that at the
time the City is considering changing the park dedication requirement, that this
group be contacted for their input into this matter.
Mayor Jones called for comments from the audience on this ordinance, and
there was no response.
City Secretary Chapa polled the Council for their votes and the following
ordinance was passed:
18. ORDINANCE NO. 18802:
AMENDING THE PLATTING ORDINANCE NO. 4168, AS AMENDED, SECTION IV, DESIGN
STANDARDS, SUBSECTION G, PARKS AND PLAYGROUNDS AND ADDING A NEW PARAGRAPH H
TO SECTION II, DEFINITIONS; 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 announced the hearing on the following matter:
19. Considering an application of the So Ojo Club, 1713 Tenth Street, for a
variance to the regulation prohibiting location of a place of business for
the dispensing and sale for on -premises consumption of alcoholic beverages
within 300 feet of a church.
Mayor Jones explained the procedures to be followed and called for the
Staff introduction.
Assistant City Attorney Gary N. Patterson provided the Council with the
following information. He stated that the So Ojo Club which is owned by Mrs.
Maria E. Flores Mejares had been relocated in January, 1985, to 1713 10th
Street. He explained that after the bar was opened for the sale of on -premise
consumption of alcoholic beverages, it was discovered that there was only 118
feet between the door to the club and the Metropolitan Community Church which is
located at 1705 10th Street. Mr. Patterson explained that according to Section
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Regular Council Meeting
April 23, 1985
Page 12
4-5 of the City Code of Ordinances, a place of business providing for on -premise
consumption of alcoholic beverages must be at least 300 feet from a church. He
stated that the same section also provides that the City Council may grant a
variance to this regulation "if the Council determines that enforcement ... in a
particular instance is not in the best interest of the public, constitutes waste
or inefficient use of land or other resources, creates an undue hardship on an
applicant... does not serve its intended purpose, is not effective or necessary
or for any other reason, after consideration of the health, safety and welfare
of the public and the equities of the situation, determines it is in the best
interest of the community".
Mr. Patterson continued by pointing out that the City Council needs to
consider the equities of the situation. He stated that in this particular case,
however, it was discovered that this particular church did not have a
Certificate of Occupancy to operate at that location. He stated that a
Certificate of Occupancy is a document issued by the Building Division.
Council Member Guerrero inquired if the church mentioned has a Certificate
of Occupancy, and Mr. Patterson replied that the church did not but they are in
the process of apply for a certificate. He pointed out that the So Ojo Club
does not yet have its Certificate of Occupancy either but it was his
understanding that all of the required inspections have been made and it has
been approved with the exception of compliance with the zoning requirements for
off-street parking. He explained that the Certificate of Occupancy can be
issued if the parking requirements are met.
Council Member Guerrero inquired about the requirements for the church to
obtain a Certificate of Occupancy, and Mr. Patterson stated that they, too, will
have to meet all of the requirements, and basically, there are no on -premise
off-street parking in either of these establishments. He stated that it would
be possible for both establishments to meet those requirements by obtaining
permission to use other businesses' off-street parking spaces.
Council Member Guerrero stated that it was his understanding that the
building occupied by the church is actually for sale and inquired as to how that
would affect the requirements of the So Ojo Club.
Mr. Patterson replied that the variance which they have applied for is only
necessary if the Club is in violation of the 300 -foot prohibition.
Mayor Jones then invited the applicant or her representative to speak.
Mr. William Bonilla, Attorney representing Mrs. Mejares, first addressed
the Certificate of Occupancy and stated that Mrs. Mejares could not open the
Club without a temporary Certificate of Occupancy from the City and she obtained
this on January 28, 1985. He stated that she is now in the process of applying
for a permanent Certificate of Occupancy and as of April 23, 1985, most of the
inspectors have inspected the premises and marked it "permanent permit". He
stated that at no time during the process of the inspections did anyone from the
City advise his client that there was a church in the vicinity.
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Mr. Bonilla then referred to a drawing of the area and noted that it is
necessary to have one parking space for every 200 square feet of building. He
informed the Council that he has statements from owners of adjacent businesses
with pictures indicating that his client will be allowed to use their parking
spaces.
Mr. Bonilla then referred to Section 4-5 of the City Code of Ordinances and
pointed out that Subsection F allows for a variance to the 300 -foot requirement.
He explained that his client has a two-year lease on this building and the
matter of "equity" referred to in Subsection f should be considered. He assured
the Council that there was no fraud or deception involved in this matter and his
client had obtained her permit without the knowledge that a church was in the
area. He stated that he would like to emphasize the following points: (1)
Mrs. Mejares has a two-year lease and if she does not operate the Club, she
loses her lease and she would lose her business and also be subject to a lawsuit
for not continuing with the lease. He pointed out that jobs would be lost also
and informed the Council that a similar type Club called the Carousel used to be
located in the same building. (2) There was no indication that there was a
church located in the vicinity and the zoning of the is "B-5" which is adequate
for the operation of a night club. (3) The issue of best use of the property.
He stated that the property is one block off South Staples Street; it is in the
area of Six Points; and this is good use of the property. He stated that if
this variance is not granted, the question is what use could be made of the
property. He reminded the Council that in the past, the building was used for
on -premise consumption of alcoholic beverages. (4) What is in the best
interest of the City? He pointed out that it is certainly a good location for a
lounge; there is space for dancing; they have a bar; and only beer and wine are
sold rather than other types of liquor. Mr. Bonilla then urged that the Council
grant the variance as requested.
Mayor Jones then called for the presentation by the opposition.
Reverend Phil Slusser, Pastor of Metropolitan Community Church, informed
the Council that this is a universal church. He stated that he had moved to
Corpus Christi with the idea that he could contribute to the City and to a group
of people who have an alternative life style. He explained that this church is
a special outreach for the Gay community and the church has grown from a
membership of eight to ninety-one. He informed the Council that the church
conducts three religious services each week, provides a meeting place for other
activities for the group, and serves as support for Alcoholics Anonymous for
people who are troubled, or have been insolated by their families.
He explained that the church had moved from the Unitarian Church in April
of 1984 and informed the Council that on the front of the building is a 6 -foot
cross and the Alpha and Omega sign which clearly indicates that it is a
religious organization. He stated that there is a sign on the side of the
building listing the services and activities of the church and those items have
been on the building since April of 1984.
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Regular Council Meeting
April 23, 1985
Page 14
Reverend Slusser continued by stating that the church is now ready to
receive their Certificate of Occupancy. He pointed out that the building is
very attractive and stated that they have planted shrubbery but it has been torn
down by people who go to the So Ojo Club. He stated that patrons of the Club
have also inflicted damage and verbal abuse on the members of his church. He
stated that he has been very effective in working with the police and with the
hospital staff for different people and assured the Council that this is a
viable church and one which is needed. He stated that there is an air
conditioning company located in the vicinity and that company has assured him
that they will allow the members of his church to use ten parking spaces which
will be adequate for them to obtain a Certificate of Occupancy in compliance
with the Zoning Ordinance. He expressed opposition to granting the variance to
the So Ojo Club.
Council Member Berlanga inquired as to which establishment was located
there first, and Reverend Slusser assured him that the church was located there
first. He stated that although they did not have a Certificate of Occupancy,
they had passed their fire regulations but they are now in the process of
obtaining a Certificate of Occupancy. He explained that he did not know they
even needed a Certificate of Occupancy until this matter came up.
Council Member Berlanga inquired if they obtained their Certificate of
Occupancy, the church could meet the parking requirements according to the
zoning, and Reverend Slusser stated that they need one parking space for each
five pews and they can meet that requirement.
Council Member Slavik inquired of Reverend Slusser if he was aware that the
So Ojo building had previously been used as a lounge, and Reverend Slusser
explained that the building was empty when he established his church and the
building was for sale at that time.
Council Member McComb questioned the symbols referred to on the outside of
the building, and Reverend Slusser explained that there is a cross, a sign
noting that it is the MCC of CC and there is a large sign listing the times of
the services.
Council Member Guerrero inquired of Mr. Patterson how the City identifies a
church and Mr. Patterson replied that the City has no problem that this is
legally defined as a church.
Council Member Guerrero stated that he has difficulty identifying this as a
church because it is an alternate life style of worship.
Reverend Slusser interjected that the alternate life style is not being
worshipped, Jesus Christ is being worshipped.
utes
,ular Council Meeting
April 23, 1985
Page 15
Mayor Jones called for public comment.
Mrs. Jane Wilson, 113 Lakeshore Drive, informed the Council that she is the
owner of the building in which the lounge is located. She provided background
information on the use of the building by stating that it was used as a bowling
alley until 1955, at which time it was leased for use as a night club by a Mr.
Harris; it has been used as a night club for many years; but it was temporarily
closed for a few months. Mrs. Wilson reminded the Council that Mrs. Mejares has
invested a great deal of money in this operation in an attempt to satisfy the
rules and regulations of the City and if the variance as requested is denied, a
financial burden will be inflicted upon the operator of the lounge.
Mr. Bob Dillard stated that he is the real estate broker with whom this
building was listed. He stated that it was listed for sale or lease as a night
club and it has been a night club since 1970. He informed the Council that he
had received no inquiries from the church during the time he had the property
listed.
Council Member Berlanga inquired if the building was operated as a night
club at the time the church leased their building, and Mr. Dillard stated that
he did not know.
Council Member Slavik inquired if the zoning was "B-5" for both pieces of
property and if that zoning could not handle both types of operation.
Mr. Patterson assured the Council that there is no problem with the zoning
district because both activities are proper in both locations, but the night
club is in violation of Section 4-5 of the City Code but the Council can grant a
variance for the Club to remain there and continue to operate.
Mr. Patterson also pointed out that the City's investigation shows that the
church did open at that location at the time the other building in question was
vacant and a club was not operating there at that time.
Mrs. Wilson commented that the lease with the former operator of the
Carousel had not expired at the time the church located there and payments were
still being made by the wife of the former operator.
Council Member McComb recalled that one of the statements made was that the
church building is for sale, and Mr. Dillard explained that the building is
listed for sale at $195,000 and it would be very difficult to sell it at that
price.
Mr. McComb continued and inquired if it was possible to grant temporary
variance since the church only has a two-year lease.
Mr. Patterson stated that the Code of Ordinances does not limit the time
that a variance could be granted, but in his opinion, if the Council desired,
they could grant a temporary variance.
Minutes
Regular Council Meeting
April 23, 1985
Page 16
Council Member McComb stated that technically, the church was located there
first but the night club was not in proper compliance with the City's Code and
he felt that a temporary variance would provide a compromise solution and he
would be in favor of that.
Council Member Mendez referred to the 300 -foot prohibition and inquired if
this refers to on -premise and off -premise consumption of alcoholic beverages.
Mr. Patterson stated that that the State statutes allow for cities to adopt
an ordinance that would prohibit location of an establishment for on -or
off -premise consumption of alcoholic beverages within 300 feet of a church,
school, etc., but the City's local ordinance only includes the prohibition for
on -premise consumption.
Council Member Mendez pointed out that a liquor store is located in that
neighborhood as well.
Mr. Patterson assured the Council that the City's ordinance does not
prohibit the sale of alcoholic beverages for off -premise consumption within the
300 -foot ruling.
Council Member Berlanga expressed the opinion that the building has been
operating as a night club for many years, and even though it was temporarily
closed at the time the church was first established, it was a building that was
designed for a bar or a lounge.
Council Member Guerrero stated that a restaurant is directly across Ayers
Street that sells alcoholic beverages, and Mr. Patterson stated that Section 4-5
does have an exclusion for establishments that receive 33-1/3% of their income
from the sale of food.
Mr. Bonilla then passed photographs to the Council and pointed out that
they had been taken of the church that day and there is no cross on the
building. He summarized his presentation by stating that the temporary
Certificate of Occupancy was issued and his client was permitted to conduct
business. He stated that his concern is based on Section 4-5 which authorizes
the granting of a variance. He pointed out that if the variance is not granted,
his client will lose all of the money she has invested in the lounge. He
reiterated that there is no indication anywhere on the building occupied by the
church that there is an AA group, a support group or a place for people who have
been expelled by their families. He continued by stating that the night club
building was always leased and the equipment was also there, but it was
temporarily closed. He then asked that the variance be granted Mrs. Mejares.
In response to Mr. McComb's question, Mr. Bonilla stated that Mrs. Mejares'
lease has twenty-one months left until February 1, 1987 with an option to renew.
nutes
:gular Council Meeting
April 23, 1985
Page 17
A motion was made by Council Member McComb that a temporary variance be
granted until February 1, 1987.
Mr. Bonilla agreed that February 1st would cover the lease. He stated that
he would like to suggest that if the church moves, that the establishment would
be entitled to a permanent variance.
Mayor Pro Tem Best seconded the motion.
Council Member Slavik stated that she is concerned that if the building in
which the church is located should be sold, and another church comes in to
occupy the building, this could establish a precedent, or in other words, if
anyone wanted to start a church, they should have performed some investigation
about the property in the surrounding area. She pointed out that the property
occupied by So Ojo Club has been used for the sale of on—premise alcoholic
consumption for many years and she felt that the church should have made
themselves aware of that fact. She suggested that at this point, however, the
two establishments should attempt to get along.
Council Member Pruet inquired of Mr. Patterson if there was a lease in
effect at the Carousel Club, if the doors were actually open, and if the Club
was actually in operation at of the time that the church was being established.
Mr. Patterson explained that if the place of business used for on—premise
consumption of alcoholic beverages is located in a certain area before a church
is established there, then there is no violation of Section 4-5, but in this
case, the church was there prior to the time that this Club located there; the
building had been previously used as a club; but it was not in operation as a
night club at the time the church was established.
Council Member Strong stated that she concurred with Council Member Slavik
and pointed out that if the building in which the church is located is sold,
there is the possibility that another church might locate there, and for that
reason she would be in favor of a permanent variance.
Council Member Berlanga and Guerrero indicated that they, too, concurred
with a permanent variance.
Council Member McComb pointed out that if a church should purchase the
building, the bar or lounge was located there first and if the church decides to
locate next to it anyway, there is no law to prohibit that.
Council Member Pruet then summarized the situation by stating that there
are two pieces of property; one is the club and there was conversation about
creating a hardship on the owner and the lessee; a night club is very expensive
to remodel for other use; and he felt that the Council should forget the
organizations involved and look at the best use of this property. He stated
that he, too, would recommend the permanent variance.
Minutes
Regular Council Meeting
April 23, 1985
Page 18
Mayor Jones called for the vote on the motion to grant the temporary
variance until February 1, 1987 and the motion failed to pass by the following
vote: Jones, Best, and McComb voting, "Aye"; Berlanga, Guerrero, Mendez, Pruet,
Slavik and Strong voting, "No".
A motion was made by Council Member Guerrero that a permanent variance be
granted to the applicant of So Ojo Club.
The motion was seconded by Mayor Pro Tem Best and passed unanimously.
Mayor Jones recessed the Council Meeting at 4:25 p.m. in order to convene a
meeting of the Corpus Christi Industrial Development Corporation.
Mayor Jones reconvened the Regular Council Meeting at 4:36 p.m.
Mayor Jones presented to the Council Members a copy of a statement he had
presented to the Retirement and Aging Committee expressing opposition to HB 2209
which is a bill that proposes to establish a new retirement system for
Commission Peace Officers, noting that he had expressed opposition because it
would be detrimental to the City of Corpus Christi, to the employees of the City
of Corpus Christi, and to the taxpayers of the City of Corpus Christi. He
stated that the bill as proposed would unfairly set up a new standard for police
officers and discriminate against other employees who are not so favored.
Mayor Jones continued by informing the City Council that Deputy City
Manager Ernest Briones was appointed some time ago as Director of the Texas
Municipal Retirement System Board and he is now Chairman of the Board which is
quite an honor for Mr. Briones and for the City of Corpus Christi.
Mayor Jones then referred to a letter he had written to Representative
Eddie Cavazos who had introduced HB 2209 and expressed the opinion that Mr.
Cavazos was off base in what he tried to do. He pointed out that if this bill
were successful, it would set up an agency that would maintain control of the
Police Fund and it would take funds out of the City's Retirement System. He
stated that at the same time, it would establish a fund that would no longer be
under the City's control but in fact would be controlled by CLETE.
Deputy City Manager Briones agreed with Mayor Jones' statements, stating
that the bill is very bad because it would take the authority away from the City
Council as to how tax money would be spent and gives it to a group over which
the City Council has no control. He stated that there is also a bill being
introduced tomorrow which would allow Members of the Firefighters and Police
Unions to donate vacation to the President of the Union which conceivably could
allow him to take as much as a year's vacation.
Council Member Mendez expressed the opinion that police officers and
firefighters should be allowed to give up their vacation time if they want to.
* * * * * * * *
lutes
dular Council Meeting
April 23, 1985
Page 19
Mayor Jones then called for the City Manager's Reports and other items.
City Manager Martin informed the Council that arrangements had been made
for them to visit the Data Processing Department next Tuesday at 8:00 a.m. He
suggested that they meet at that building at 1015 Santa Fe Street.
City Manager Martin briefly described the Staff's plan to sell new
Waterworks Revenue Refunding Bonds, the proceeds of which would then be used to
purchase direct obligations of the United States (Federal Securities) within the
arbitration regulations. He explained that the purpose of this is to produce an
annual savings over the remaining life of the $25 million in Waterworks Revenue
Bonds which were sold in 1981 primarily to finance the expansion to the 0. N.
Stevens Water Plant. He explained that pricing of the bonds would occur on
Monday, May 13, and he would like to call a special meeting of the City Council
on Thursday, May 16th for the purpose of signing the Bond Purchase Agreement.
The Council agreed on the time of 8:30 a.m. for the May 16th Meeting.
On another matter, Council Member Berlanga expressed the opinion that the
City Council should conduct a closed meeting next week with Judge Hunter and
Mrs. Anita Garza, Municipal Court Clerk.
After a short discussion, the date of May 7, 1985, at 11:30 a.m. was
established for such a closed meeting.
City Manager Martin continued by reminding the Council that they had asked
that a visit to Choke Canyon be planned. He stated that the Staff is
considering May 21st and the tour will be taken in lieu of a Council Workshop
Meeting. He stated that he felt that the Council could be back at City Hall by
3:00 p.m. for the Regular Council Meeting.
Mr. Martin reminded the Council of the special meeting scheduled for 7:30
p.m., April 30th to conduct the public hearing on the Community Development
Block Grant Funds.
Mr. Martin also reminded the Council of two meetings away from City Hall
scheduled for May 14, 1985 -- one, an 11:30 a.m. visit to Saber Refinery; and
two, the 7:30 p.m. Assessment Hearing at Annaville Elementary School Cafeteria.
Mr. Martin then presented to the City Council Members copies of the recent
update on the single-family Bond Purchase Program which provided its status at
this time.
In regard to this last item, Mayor Jones stated that he had asked Mr.
Berney Seal to appear before the Council to give his views of the Mortgage Bond
Program.
Minutes
Regular Council Meeting
April 23, 1985
Page 20
Mr. Berney Seal, 209 Bayside, complimented the City Council and in
particular, Mr. Tom Utter for putting together this program to help the real
estate business and to also assist citizens who are purchasing homes by this
means. He informed the Council that 85% of the money loaned had been through VA
and FHA guidelines and expressed the opinion that this program has increased the
economy in the entire City in many ways. He urged that this program be repeated
whenever possible.
Council Member Slavik referred to the chart presented to them by the City
Manager and inquired about the target area where funds are remaining.
Mr. Seal stated that he has not sold anything in the targeted areas.
City Manager Martin stated that this could still be successful in that as
soon as the other money is no longer available, the money for the targeted areas
could be competing with conventional money and this should provide an impetus
for more loans for the targeted areas. He stated that also the Staff is going
to attempt a campaign to market the purchase of homes in the targeted areas.
In regard to Mr. Seal's request that the Program be repeated, City Manager
Martin informed him that funds may be available in 1986 and the City already has
applications in line for the next available funding.
There being no further business to come before the Council, on motion by
Council Member Mendez, seconded by Council Member Slavik and passed unanimously,
the Regular Council Meeting was adjourned at 5:10 p.m., April 23, 1985.
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