HomeMy WebLinkAboutMinutes City Council - 07/09/1985MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
JULY 9, 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
Mayor Luther Jones called the
City Hall.
The invocation was
Allegiance to the Flag
Guerrero.
City Manager Edward A. Martin
City Attorney J. Bruce Aycock
City Secretary Armando Chapa
meeting to order in the Council Chambers of
given by Dr. Jack Best, following which the Pledge of
of the United States was led by Council Member Leo
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.
* * * * * * * * *
Mayor Jones announced the bid opening on the following engineering project:
South Staples Sanitary Sewer Trunkline Extension — This 1982 bond project
provides for the installation of a 21" diameter trunk sanitary sewer in
South Staples Street, from Timbergate Drive to the north boundary line of
Buckingham Estates Subdivision.
MICROFILMED
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Assistant City Manager James R. Lontos read bids on this project from the
following firms: Claude Chapman Construction Company, Inc.; Corpus Christi Land
Venture, Inc.; Garney Companies, Inc.; Heldenfels Brothers, Inc.; and Jalco,
Inc.
Mr. Lontos verified that all of the bidders had submitted the required bid
security bond and acknowledged receipt of Addendum #1 with the exception of
Jalco which did not acknowledge receipt of the addendum.
Mayor Jones expressed appreciation to the companies that had submitted bids
and stated that they will be tabled for 48 hours, pursuant to the requirements
of the City Charter, and referred to the Staff for tabulation and
recommendation.
Mayor Jones referred to the items from the morning Workshop Meeting which
had not been considered.
A motion was made by Council Member Mendez that items 4 and 5 be delayed
until the following week.
The motion was seconded by Council Member Pruet and passed unanimously.
Mayor Jones called for consideration of Action of the Council from the
Workshop Session on the following item:
Accepting the report of the Ad Hoc Water Advisory Commission and approving
the recommendation to hire Donald G. Rauschuber and Associates, Inc. at a
cost not to exceed $30,000 to evaluate alternatives for increasing water
supply from the Nueces River Basin and authorizing the City Manager to
enter into the appropriate agreement. Mr. Rauschuber will submit his
report to the Commission.
A motion was made by Council Member Guerrero that the foregoing action be
confirmed, seconded by Mayor Pro Tem Best and passed unanimously.
City Secretary Chaps reminded Mayor Jones that Minutes from the preceding
meeting had not been approved.
A motion was made by Council Member Guerrero that the Minutes of the
Regular Council Meeting of July 2, 1985 be approved; seconded by Council Member
Mendez; and passed unanimously.
* * * * * * * * *
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Mayor Jones called for consideration of the Consent Motions on the
following items:
1. Bids be received July 24, 1985, for a twelve month supply agreement, with
option to extend for an additional twelve months, subject to the approval
of the seller and the City Manager, or his designee, for water treating
chemicals for water production, including liquid aluminum sulphate and
ferric sulphate. Estimated expenditure is $25,000.
2. Approving the purchase of one 84" three -wheeled mower for mowing golf
course fairways at $6,884, based on low bid and one 15' multi -gang mower
for general park mowing at $28,970, based on low bid meeting
specifications, to be used by the Park Division, from Watson Distributing
Company for the total amount of $35,854. Five bid invitations were issued
and three bids were received.
3. 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 bronze
service saddles to be used by the Water Division, based on low bid meeting
specification to Aqua Utility for $8,091.55. Twelve bid invitations were
issued, six bids were received. Prices have decreased approximately 2%
from the last contract of January 1983.
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
miscellaneous sole source bus parts for the Transit System from General
Motors, based on an only bid, for an estimated annual expenditure of
$30,000. These parts are peculiar to General Motors transit buses and are
available from General Motors only.
5. 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
ready -mix concrete, to be used by all appropriate divisions, based on low
bid of $21,622.76 by Gulf Concrete. Three bid invitations were issued, two
bids were received. Prices have decreased approximately 18% based on
previous purchases on the open market.
6. Accepting the Galvan House Restoration project, and authorizing final
payment of $39,944.98 to B. E. Beecroft Company, Inc. This project
included the restoration of both the interior and exterior of the Galvan
House under an adaptive reuse concept. The total construction cost of the
work, which is being funded by Multicultural Center Bond Funds authorized
in the 1977 Bond Program is $302,996.62.
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City Manager Martin stated that he would like
following emergency item:
to add as item 6a the
6a. Accepting the assurances of Sherrod Construction Company
and lender, relative to the completion of River Ridge
authorizing the City Engineer to sign the plat so that
filed for record before July 12, 1985.
, its contractor
Subdivision, and
the plat can be
City Manager Martin explained that this is a commercial development in the
Five Points Area; ordinarily the City does not accept the plat until the
development is 75% completed; the subdivision is approximately 35% completed but
they need to close on the project by Monday, and since the City has assurances
from Sherrod Construction Company, Heldenfels Brothers and others involved that
the development will be completed, the City Staff is recommending that the
Council approve making this exception.
Mayor Jones called for comments on items 1 through 6a.
There were no comments from the audience.
A motion was made by Council Member Slavik that the Consent Motions, Items
1 through 6a be approved; seconded by Council Member Mendez; and passed
unanimously.
Mayor Jones called for consideration of the Consent Ordinances and
Ordinances from Previous Meetings on Items 7 through 11.
City Manager Martin stated that he would like to withdraw Ordinance No. 8
which called for the nullifying of the agreement between Universal Surety of
America and the City pertaining to M & M Construction Company completing the
Lexington Industrial Center and Manchester Place/Dona Park Sanitary Sewer
project because the contractor has now obtained Performance and Payment Bonds.
Council Member Berlanga referred to Ordinance No. 10 which appropriates
$30,000 from the Reinvestment Zone and inquired about the amount of money that
has been generated as of this date, and City Manager Martin replied that the
Reinvestment Zone has $515,000. He explained that this money can be used for
various plans for which the Council has previously set priorities, including
Corpus Christi Beach improvements.
Mayor Jones called for comments on the ordinances. No one spoke.
City Secretary Chapa polled the Council for their votes and the following
ordinances were passed:
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7. ORDINANCE NO. 18912:
AUTHORIZING THE EXECUTION OF A CONTRACT WITH BELLWETHER CONSTRUCTION
COMPANY FOR REPAIRS TO JOINT SEPARATIONS IN THE REINFORCED CONCRETE PIPE
STORM SEWER APPROXIMATELY ONE BLOCK SOUTH OF WEBER ON GOLLIHAR;
APPROPRIATING $3,600; 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".
8. (This ordinance was withdrawn -- See Page #i4)
9. ORDINANCE NO. 18913:
AUTHORIZING THE EXECUTION OF A CONTRACT WITH BLACK BROTHERS CONSTRUCTION,
INC. FOR THE CONSTRUCTION OF GAZEBOS, ARBORS, AREA LIGHTING, WALKWAYS,
IRRIGATION FACILITIES AND OTHER LANDSCAPING WORK IN BOTH TEMPLE AND
ARTESIAN PARKS; APPROPRIATING $97,259.79; 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. 18914:
APPROPRIATING $30,000 OUT OF REINVESTMENT ZONE FUND FOR CREDIT TO THE
GENERAL FUND FOR ADMINISTRATIVE SERVICES PROVIDED IN THE ASSESSMENT AND
COLLECTION OF REINVESTMENT ZONE TAXES; 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. 18915:
ADOPTING THE NATIONAL ELECTRICAL CODE, 1984 EDITION; MAKING IT UNLAWFUL TO
UNDERTAKE THE INSTALLATION OF ELECTRICAL EQUIPMENT WITHOUT A PERMIT
THEREFOR, EXCEPT AS OTHERWISE PROVIDED; ESTABLISHING INSPECTION PERMIT
FEES; ESTABLISHING INSPECTION DUTIES AND AUTHORITY; ADOPTING CERTAIN OTHER
REGULATIONS; PROVIDING PENALTIES FOR VIOLATION; PROVIDING A SAVINGS CLAUSE;
REPEALING ORDINANCES NOS. 16823, 17196, AND 17638; PROVIDING FOR
PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE FROM AND AFTER AUGUST 1, 1985.
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".
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Mayor Jones called for consideration of the following motion from the
Regular Agenda:
12. Authorizing the expenditure of up to $10,000 over a one year period to pay
one half of the expenses of a part time Municipal Judge to perform
magistrate services in the County jail; authorizing the recruitment for
this position; and authorizing the City Manager to enter into an
intergovernmental agreement with the County for this program.
Mayor Jones noted that judges for Municipal Court are appointed by the
Mayor with confirmation by the City Council. He inquired if this action would
be in conflict with that portion of the City Charter, and City Manager Martin
assured him that the Staff is not changing anything but he is recommending that
the review process be conducted by Judge Jack Hunter and the Judge of the
District Court. He stated that the program will only be successful if it has
total cooperation between the Municipal and District Courts. He stated that the
person employed will magistrate both Municipal and County jails.
Council Member Slavik expressed the opinion that the Council had asked that
consideration be given to utilizing the services of one of the existing
Municipal Court Judges on a part-time basis.
City Manager Martin stated that he would like for Judge Hunter to address
this suggestion.
Judge Jack Hunter addressed the Council and expressed the opinion that this
program will grow within the next six months and he did not think that one of
the present judges could handle this in addition to their other duties. He
explained that at the present time, Nueces County Judges are performing this
function on a rotating schedule, and both the County and the City feel that
rather than having several judges perform this service, continuity and
flexibility would be obtained through the use of one judge to perform the
function as magistrate.
Council Member McComb stated that at last week's meeting, he had questioned
the fact that the Council had been told that the Municipal Court Judges are paid
a full-time salary, yet they only work one-half a day.
Judge Hunter explained that Municipal Court only has two Courtrooms and
space is frequently not available for more than two judges to serve at the same
time. He stated that he, himself, is always there and that Judge Bill Monkres
is also there during the day; Judge Paula Waddle comes in at 1:30 p.m. and works
until 8:00 p.m.; Judge Garza comes in at 4:00 p.m. and works until 8:00 p.m.,
but he also handles weekend cases. He summarized by stating that he did not
think that they could handle this with that type of schedule.
Further discussion followed.
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A motion was made by Council Member Pruet that Item 12 be approved,
seconded by Council Member Strong.
Mayor Jones called for comments from the audience. There was no response.
Mayor Jones then called for the vote on the motion and it passed
unanimously.
Mayor Jones called for consideration of the ordinances from the Regular
Agenda on Items 13 through 19, ordinances increasing fees.
City Manager Martin explained that he has placed these ordinances on the
agenda today because they do require three readings and prior to the third
reading, the City Council may wish to amend, abolish, not approve, etc. and
final action on these ordinances will be considered on July 23rd at the time of
the adoption of the budget.
Council Member Slavik referred to Ordinance No. 13 which is the first
reading increasing impoundment fees for the Animal Control Ordinance. She
inquired if the proposed changes could be publicized, and City Manager Martin
stated that they can ask the Animal Control Advisory Board to take some steps to
publicize the fact that it is very expensive to own an animal and not take care
of it.
Council Member Strong questioned the practice of requiring sterilization of
animals and discussion followed on the procedures and the fees charged for
these.
Mayor Jones referred to Ordinance No. 15 increasing the green fee scheduled
for both municipal golf courses and asked why there is no senior citizen rate at
the Lozano Golf Course.
Mr. Terry Dopson, Director of Parks and Recreation, explained that the
twilight rate had to do with playing on the Executive Nine Course and the senior
citizen rate has not been considered.
Mayor Jones stated that he felt that the fees were very reasonable.
City Manager Martin agreed that they are reasonable and informed the
Council that these fees will not only make the golf courses self—supporting but
will also develop funds for the Capital Improvement Program.
Mayor Jones called for comments from the audience on Ordinances 13 through
19.
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Mrs. Janet Rice, 118 Southern Street, expressed concern about the number of
animals that are running loose. She stated that she is a responsible pet owner
but her dog has not been neutered because she prefers to breed her. She
objected, however, to the other dogs that run loose frequently and felt that she
should not be penalized for an occasional incident when other dogs run loose
most of the time. She stated that she does not want to have her dog neutered if
she should be picked up.
Mayor Jones assured her that the City does not neuter the dogs without the
owner's consent.
Mr. Ted Stephens, 513 Dolphin Street, Member of the Electrical Advisory
Board, referred to Ordinance No. 17 which amends the Building, Electrical,
Mechanical and Plumbing Codes by establishing a separate fee schedule for these
codes. He expressed his objection to the procedure of bypassing the Advisory
Boards and increasing fees without discussion by the Boards.
City Manager Martin stated that he agreed that this was not right and he
thought that the Boards had been consulted. He assured Mr. Stephens that these
recommendations will go to the Boards before the second reading of the
ordinances.
Mr. Philip Benavidez, 729 Brock, concurred with Mr. Stephens' remarks. He
noted that this is a part of the budget adoption but it also represents a Code
amendment and he felt that the Electrical Advisory Board should have had an
opportunity to make comments on these increases.
There were no further comments on the ordinances; City Secretary Chapa
polled the Council for their votes; and the following ordinances were passed on
first reading:
13. FIRST READING:
AMENDING CHAPTER 6, ANIMAL CONTROL, SECTIONS 21, IMPOUNDMENT, AND 22,
RABIES VACCINATION, OF THE CITY CODE; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
The ordinance was read for the first time and passed to its second reading
by the following vote: Jones, Best, Guerrero, McComb, Mendez, Pruet,
Slavik and Strong voting, "Aye"; Berlanga, absent at the time the vote was
taken.
14. FIRST READING:
AMENDING CHAPTER 19, FOOD AND FOOD ESTABLISHMENTS, SECTION 19-75,
CERTIFICATION, BY ESTABLISHING A FEE OF $3.00 FOR CERTIFICATES ISSUED BY
THE HEALTH DEPARTMENT TO EMPLOYEES OF FOOD SERVICE ESTABLISHMENTS ON
COMPLETION OF REQUIRED TRAINING, AND REQUIRING NEW EMPLOYEES TO COMPLETE
TRAINING BEFORE STARTING WORK; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
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The ordinance was read for the first time and passed to its second reading
by the following vote: Jones, Best, Guerrero, McComb, Mendez, Pruet,
Slavik and Strong voting, "Aye"; Berlanga, absent at the time the vote was
taken.
15. FIRST READING:
AMENDING SECTION 36-2, GREEN FEES SCHEDULE FOR GOLF COURSE AND GOLF CENTER,
OF CHAPTER 36, PARKS, RECRATION, CULTURAL AND LEISURE TIME ACTIVITIES, TO
CHANGE THE GREEN FEE SCHEDULE FOR THE GABE LOZANO AND OSO MUNICIPAL GOLF
CENTERS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
The ordinance was read for the first time and passed to its second reading
by the following vote: Jones, Best, Guerrero, McComb, Mendez, Pruet,
Slavik and Strong voting, "Aye"; Berlanga, absent at the time the vote was
taken.
16. FIRST READING:
AMENDING SECTIONS 21-7, 21-18 THROUGH 21-21.1, AND 21-46 OF THE CODE OF
ORDINANCES SO AS TO INCREASE GARBAGE COLLECTION AND DISPOSAL CHARGES
EFFECTIVE WITH THE FIRST BILLING CYCLE IN THE MONTH OF AUGUST, 1985;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The ordinance was read for the first time and passed to its second reading
by the following vote: Jones, Best, Guerrero, McComb, Mendez, Pruet,
Slavik and Strong voting, "Aye"; Berlanga, absent at the time the vote was
taken.
17. FIRST READING:
AMENDING THE BUILDING, ELECTRICAL, MECHANICAL AND PLUMBING CODES BY
INCREASING PERMIT FEES APPROXIMATELY 10% EFFECTIVE AUGUST 1, 1985;
ESTABLISHING A SEPARATE SCHEDULE OF FEES REQUIRED BY SAID CODES; PROVIDING
FOR SEVERANCE; PROVIDING FOR PUBLICATION.
The ordinance was read for the first time and passed to its second reading
by the following vote: Jones, Best, Guerrero, McComb, Mendez, Pruet,
Slavik and Strong voting, "Aye"; Berlanga, absent at the time the vote was
taken.
18. FIRST READING:
AMENDING CHAPTER 55, UTILITIES, ARTICLE IV, GAS RATES AND CHARGES, SECTION
55-61, CLASSIFICATION OF CUSTOMERS AND SCHEDULES OF RATES, AS SET FORTH IN
ORDINANCE NO. 17761, AS AMENDED, SO AS TO CHANGE THE SCHEDULE OF GAS RATES
FOR ALL CUSTOMERS TO THE CITY -OWNED GAS DISTRIBUTION SYSTEM BY PROVIDING A
NEW SCHEDULE OF RATES FOR ALL GAS CUSTOMERS; PROVIDING FOR SEVERANCE;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION.
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The ordinance was read for the first time and passed to its second reading
by the following vote: Jones, Best, Guerrero, McComb, Mendez, Pruet,
Slavik and Strong voting, "Aye"; Berlanga, absent at the time the vote was
taken.
19. FIRST READING:
AMENDING SECTION 55-100 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
1976 REVISION, SO AS TO PROVIDE CERTAIN INCREASES IN WASTEWATER RATES;
PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION.
The ordinance was read for the first time and passed to its second reading
by the following vote: Jones, Best, Guerrero, McComb, Mendez, Pruet,
Slavik and Strong voting, "Aye"; Berlanga, absent at the time the vote was
taken.
* * * * * * * *
Mayor Jones announced the public hearings on four zoning applications.
20. Zoning Case No. C785 -6A, City of Corpus Christi: For a change in zoning
from "I-2" Light Industrial District to "R -1B" One -family Dwelling District
on Lots 29-36, Block 4, San Pedro Addition, located at the northeast corner
of the intersection of Francisca Avenue and Mary Street.
Assistant City Manager Tom Utter informed the Council that in response to
the fifty-one notices of the public hearing, twelve in favor and two in
opposition had been returned. He stated that the Planning Commission and
Planning Staff recommend denial of "R -1B" zoning on Lots 29 and 30 and in lieu
thereof, that "B-1" zoning be approved and approval of "R-111" on the remainder
of the lots. He stated the reason for this is that Lots 29 and 30 already have
existing businesses.
Mayor Jones commented that this is downzoning of property which is unusual
and Mr. Utter explained that this is similar to the downzoning that is requested
by property owners who voluntarily make such a request during Community
Development Street Improvement Assessment Hearings.
Mr. Utter informed the Council that the 20% is in effect.
Mr. Larry Wenger, Director of Planning, located the area on the zoning and
land use map, described the use in the surrounding area and showed slides of the
vicinity. He explained that the reason for the zoning request was that a lady
in the neighborhood was concerned that an industry would move in to this
predominantly residential neighborhood and the Council suggested that the Staff
initiate an application to rezone the property from "I-2" to "R -1B".
Mayor Jones called for comments from the audience.
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Mr. Ted Stephens, 513 Dolphin, stated that he owns two lots across the
street and he is opposed to this change of zoning because the value of his
property would be decreased. He informed the Council that the lady in question
received Community Development funds to improve her property even though it was
zoned "I-2". He urged that this zoning not be changed.
Mrs. Maria Allegria, 518 Francisco, stated that she did not know that her
property was zoned for industrial use and if something happens to her house in
case of a storm, she would not be able to rebuild; therefore, she hopes to have
this property rezoned to "R -1B". She expressed appreciation to the Council
Member who has helped on this zoning case.
Mrs. Mary Goltz stated that she owns property at 510 Francisca and she is
opposed to the proposed change to residential zoning because she wants to
improve the property at this addresss for business use.
Council Member Mendez pointed out to Mrs. Goltz that if she is proposing to
use the property for a small store, "B-1" zoning would be adequate.
Mrs. Diana Olsby, 2002 Colby, stated that she grew up in this neighborhood;
her family has spent time and money in this neighborhood; and she would like to
have the neighborhood concept retained. She urged approval of the zoning
request.
A motion was made by Council Member Guerrero that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
City Secretary Chapa polled the Council for their vote on the ordinance
effecting the zoning change and it passed as follows:
20. ORDINANCE NO. 18916:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE CITY OF CORPUS
CHRISTI BY CHANGING THE ZONING IN REFERENCE TO LOTS 29 AND 30, BLOCK 4, SAN
PEDRO ADDITION, FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "B-1" NEIGHBORHOOD
BUSINESS DISTRICT AND LOTS 31-36, BLOCK 4, SAN PEDRO ADDITION, FROM "I-2"
LIGHT INDUSTRIAL DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik
voting, "Aye"; Strong, absent at the time the vote was taken.
21. Zoning Case No. 685-7, J.R. Paint & Body Shop: For a change in zoning from
"R -1B" One -family Dwelling District to "I-2" Light Industrial District on
Lots 19 and 20, Block 1, Los Angeles Hills, located on the west side of
Bluntzer Street, approximately 475 feet north of the Texas -Mexican Railroad
tracks.
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Assistant City Manager Utter informed the Council that in response to the
sixteen notices of the public hearing, three in favor and none in opposition had
been returned. He stated that both the Planning Commission and Planning Staff
recommend approval.
Mayor Jones called for comments in opposition to this zoning application.
No one spoke.
A motion was made by Council Member Guerrero that the hearing be closed,
seconded by Council Member Slavik and passed unanimously.
City Secretary Chapa polled the Council for their vote on the ordinance
effecting the zoning change and it passed as follows:
21. ORDINANCE NO. 18917:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF J. R. PAINT & BODY SHOP
BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 19 AND 20, BLOCK 1, LOS
ANGELES HILLS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "I-2" LIGHT
INDUSTRIAL DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik
voting, "Aye"; Strong, absent at the time the vote was taken.
* * * * * * * *
22. Zoning Case No. 685-11, Bearco Development Company: For a change in zoning
from "I-2" Light Industrial District to "T -1C" Mobile Home Subdivision
District, being 16.24± acres out of Lot 3, Block 9, J.C. Russell Farm
Blocks, located approximately 860 feet east of Navigation Boulevard and
1,100 feet north of Bear Lane.
Assistant City Manager Tom Utter informed the Council that there was no
response to the five notices of the public hearing and that both the Planning
Commission and Planning Staff recommend approval.
Mayor Jones inquired if West Oso Independent School District was on the
mailing list, and Mr. Utter stated that they are not within the 200 -foot area of
notification; a letter was not sent to the School District; therefore, no
response was received from them.
Mr. Wenger located the area on the zoning and land use map, described the
land use in the surrounding area, showed slides of the vicinity and stated that
this will be a mobile home subdivision and the residents will actually purchase
the lots and place mobile homes on those lots. He stated that it would
represent an increase in the tax rolls.
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Mayor Jones expressed the opinion that the zoning application should not be
approved until comments have been received from West Oso Independent School
District.
Council Member Guerrero suggested that the School District be notified and
then made a motion to table the case for one week to be sure that West Oso
Independent School District is aware of the plans for this property.
The motion was seconded by Council Member Mendez.
Mr. Chuck Urban of Urban Engineering stated that he was present to answer
any questions that the Council might have in regard to this zoning case. He
reiterated that the plan is to sell the lots, not just have a mobile home park.
Council Member McComb stated that he objected to the reason for tabling
this zoning case because signs are always placed on the property on which an
application is pending; if West Oso Independent School District objected to it,
they probably would have done so or at least inquired when they saw that the
signs were there notifying the public of the pending zoning application.
Mayor Jones called for the vote on the motion to table the case and it
passed as follows: Jones, Guerrero, Mendez, Slavik and Strong voting, "Aye";
Best, Berlanga, McComb and Pruet voting, "No".
23. RECONSIDERATION OF ZONING CASE on Application No. 685-1, Mr. Xavier
Gonzalez: For a change of zoning from "R -1B" One -family Dwelling District
to "R -1C" One -family Dwelling District on Lot 7, Block 3, Oak Lawn, located
between Oak Park Avenue and Buddy Lawrence Drive, approximately 200' south
of the intersection of Oak Park Avenue and Buddy Lawrence Drive.
Assistant City Manager Utter reviewed the case and stated that in response
to the eighteen notices mailed, one in favor and none in opposition had been
returned. He stated that the Planning Commission recommended approval but the
Planning Staff recommended denial. He stated that the case is before the Counci
for reconsideration in compliance with a motion made the preceding week.
Council Member Guerrero stated that the reason that he made the motion for
reconsideration was because Mr. Gonzalez informed him that he did not receive a
notice of the public hearing before the City Council and therefore, was not
present to present his case.
A motion was made by Council Member Mendez that Mr. Gonzalez be allowed to
speak, seconded by Council Member Guerrero and passed unanimously.
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Mr. Xavier Gonzalez thanked Mr. Guerrero for arranging for the
reconsideration of the vote on this case. He alleged that he did not receive a
notice of the public hearing and explained the situation stating that he had
purchased two separate lots and obtained two separate building permits. He
stated that he renovated the first house; it had been sold; and when the
occupants attempted to obtain services, they were told that the address did not
exist even though a house previously had been in existence there. He stated
that the property had not been replatted into two lots but then he was told that
he could not replat because the lots would be too small. He stated that that is
the reason he wants the property rezoned to "R -1C" which would allow a home to
be placed on a smaller lot.
Mr. Utter explained that the Staff has examined this case very diligently
and he would like to point out some things. He stated that this is right next
to an industrial park; it is not good to have residential development next to
industrial property; but on the other hand, it is a very stable neighborhood and
if something is not built on this lot, the lot may be an eyesore in that weeds
will be allowed to grow. He stated that after discussing this further, he felt
that the Staff could now recommend approval of "R -1C" zoning. He pointed out,
however, that there are two houses on one lot and rezoning it to "R -1C" will not
remedy that illegality.
Mr. Gonzalez explained that he had sold one of the houses and the new
owners had built the second structure which is illegal.
Mr. Utter confirmed this statement and stated that the new owner did not
obtain a building permit for the second structure and it is illegal but that
will be handled by the Building Division.
City Secretary Chapa polled the Council for their vote on the ordinance
effecting the zoning change and it passed as follows:
23. ORDINANCE NO. 18918:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF XAVIER GONZALEZ BY
CHANGING THE ZONING MAP IN REFERENCE TO LOT 7, BLOCK 3, OAK LAWN, FROM
"R -1B" ONE -FAMILY DWELLING DISTRICT TO "R -IC" ONE -FAMILY DWELLING DISTRICT;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jone, Best, Berlanga, Guerrero, McComb, Mendez, Slavik and Strong
voting, "Aye"; Pruet, absent at the time the vote was taken.
Mayor Jones announced the public hearing on the following matter:
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24. PUBLIC HEARING ON THE 1985-86 CITY OF CORPUS CHRISTI BUDGET AND THE
PROPOSED USE OF REVENUE SHARING FUNDS. Notice of this Public Hearing was
published in the newspaper on June 21, 1985 and news releases were
distributed to members of the local media. Copies of the proposed Budget
have been available at all the public libraries and the City Secretary's
Office. The public is encouraged to present comments, orally or in
writing, at this hearing on the proposed budget.
Mayor Jones established the procedure to be followed and stated that in
view of the large number of people who wished to speak, presentations would be
limited to five minutes.
Mr. Ted Stephens stated that he would like to speak first because he could
complete his statement in one minute.
The Council concurred with his request.
Mr. Ted Stephens, Member of the Electrical Advisory Board, stated that they
had previously had a recommendation to reduce the amount of space between
electrical outlets in order to reduce fire hazards in buildings. He stated that
he would like to request at this time that the budget include additional
inspectors for inspection after construction to check for violations of the
National Electrical Code and the City's Electrical Code. He stated that the
inspector could be included in the Fire Department or in the other City Staff
budget.
Council Member McComb stated that when this matter was first presented to
the Council, he checked and other cities do not have any regulations on the
distance between electrical outlets.
Further remarks were made by Mr. Stephens.
Mayor Jones interrupted by stating that this is a public hearing and the
Council has already permitted Mr. Stephens to speak first even though his name
was not the first one on the list. He suggested that the Council follow the
proper procedures and allow those who had signed up to speak, at this time.
Mr. Philip Rosenstein, 949 Bobalo, stated that he is speaking in favor of
increased aid for senior citizens and also, additional funds for improvements to
parks.
Mayor Jones stated that he noted that eleven people had signed the register
to speak on behalf of "Keep America Beautiful". He called on the first one to
speak.
Mr. William Snyder addressed the Council and requested that $15,000 be
funded from the City's General Fund for "Keep America Beautiful" budget. He
explained the sixteen programs they would like to initiate during the next year.
He also informed them of the many contributions made by private donation and
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July 9, 1985
Page 16
presented the Council with material explaining the new programs to assure a
clean community. He stated that there are several people from various
neighborhoods who were present to speak and then asked them to stand indicating
their support of this request.
Mrs. Ruth Day, President of the Pharaoh Valley Neighborhood Association,
stated that they have had a lot of dealings with "Keep America Beautiful" and
concurred with the request for funding in the amount of $15,000.
Mayor Pro Tem Best inquired if funds are available to allocate $15,000 to
this organization, and City Manager Martin stated that they are available if
five of the Council Members so instruct him.
A motion was made by Mayor Pro Tem Best that $15,000 be appropriated from
the 1985-86 Budget to the "Keep America Beautiful" Organization.
The motion was seconded by Council Member
City Manager Martin stated
from the Revenue Sharing Budget.
Dr. Best indicated that he
the motion to allocate the funds
Guerrero.
that he would recommend that the funds be taken
would include that as a part of his motion and
passed unanimously.
Mr. Snyder then introduced the people who were present to support this
request.
Mr. Don McClure, Texas Auto Title and Registration Consultants, referred to
the Police Department Impound budget and noted that the total deficit since 1981
was $142,101. He stated that he was of the opinion that if the vehicle impound
service could be contracted out to a commercial operator, this money would be
saved. He stated that he would not charge the City any funds and his profit
would cone from the money made from the storage of the vehicles.
Mayor Pro Tem Best inquired if this would be a type of bid item open to
other companies as well, and City Manager Martin explained that he had discussed
this with Mr. McClure and agreed that money could be saved for the City. He
stated that the problem is that many people would be interested in this service
but many of them would not be qualified. He stated that he would like to
discuss this with the Council later and leave the budget as it is at this time.
He stated that his concern is that there are companies in this business that do
a good job but there are some very unreliable people doing a very poor job and
the only way he could recommend a contract of this sort is if the individual is
well qualified and has a good reputation. He stated that for that reason, the
Staff would like to analyze this further and bring this to the Council at a
later date.
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Mrs. Mary Bell, Chairman of the Corpus Christi Public Library Board, stated
that she is present to urge an increase in the Library budget. She reminded the
Council that they are building a 57,000 square foot library but they will be
short of staff when it opens. She explained that a local family has donated a
children's area for the library but there is no librarian for the children's
library in the budget. She stated that such a librarian would cost
approximately $23,000 a year. She noted that there is also a need for an
administrative assistant to help with the specifications, ordering of materials
and books and setting up the computer for which they have raised funds in the
amount of $500,000. She stated that there is also a need for a computer
technician and it is estimated that this salary would be between $20,000 and
$25,000. She urged approval of these two additional staff positions and
reminded the Council that the Library Board has raised from private sources
$1,200,000.
Mr. Cliff Moss, representing Friends of the Library, concurred with Mrs.
Bell's request and urged approval of these two positions.
Mayor Jones explained to the audience that the Council has not yet
determined how much of a pay increase the City employees will receive and there
are a number of large unsettled issues which must be answered before this
additional funding can be considered. He pointed out the fact that the Library
budget has been increased by 6.4%, but the total City budget has only been
increased 3.4%.
Council Member Strong referred to the "wish list" which the City Manager
had prepared in the event additional funds are available and informed Mr. Moss
and Mrs. Bell that the children's librarian is the number one item on that list
and if money is available, the Council will certainly consider that position.
Mr. Charles Blum, representing the Park and Recreation Board, stated that
that department's budget has not kept up with responsibilities. He explained
that they need additional supplies and equipment for recreation and they
formerly had federal grants for this purpose but these have been decreased. He
explained their needs as follows: (1) $12,000 for additional equipment; (2)
$19,000 for outside lighting at recreation centers; (3) $14,783 for printing and
advertising; and (4) $18,200 for a youth coordinator. He summarized by stating
that he felt that the Park & Recreation budget should be increased by a total of
$85,000.
Council Member Mendez referred to his request for a youth program
coordinator and inquired if that would not be a summer job, and Mr. Blum
expressed the opinion that one is needed all year round.
City Manager Martin explained to the Council that the various departments
have requested large amounts over that which is recommended and if he made a
priority list of the things included in the request of the Park and Recreation
Department, repairs to the recreation centers would be his number one priority.
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Mayor Jones also pointed out that many departments do not have Boards to
appear before the Council and plead for additional funds and he felt that the
Council should rely on the recommendations of the City Manager.
Mr. Maury Wolfson, Chairman of the Human Relations Commission, explained
the purpose of their office and stated that they would like to request
additional staff for one-half time position. He explained that their staff is
very small and they have one part-time secretary which they would like to make a
full-time position and the cost would only be an additional $7,000.
Mrs. Donna Shirley, 333 Flour Bluff Drive, President of the Flour Bluff
Civic League, extended an invitation to the Council to attend a class on an
explanation of the tax rate versus the effective tax rate which will be
conducted in Room 117 of Corpus Christi State University in Corpus Christi Hall
on Monday, July 15. She suggested to the Council that they have a public trust
to protect the people and obtain knowledge of this essential matter. She
expressed the opinion that before they vote on an ordinance establishing a tax
rate, they should have the certified tax roll. She then quoted State Law which
specifies that the tax rate should be adopted prior to September 1st of each
year and she was of the opinion that the State Law supersedes City Law. She
explained that S.B. 1125, which became law in June of 1985 and is effective
immediately, redesigns and requires certain procedures to establish an effective
tax rate. She reiterated that the tax rate should not be set until the
certified tax roll has been submitted and this must be done by August 1, 1985.
Mr. J. E. O'Brien, 4130 Pompano, referred to discussion on June 24th at
which time Mayor Pro Tem Jack Best was correct when he stated that he had a
problem with the same tax rate with an increased valuation every year. He noted
that Mayor Jones had also referred to the increases in valuation of property.
He stated that those Council Members who might be considering a tax rate
increase should remember that the tax exemptions have remained the same for
several years.
He also disagreed with the City Manager's statement that the Council must
adopt the budget by August 1st and he felt .that this is not necessary because
State Law supersedes the City Charter and the City should comply with the State
Law. He also questioned the debt service figures. He urged that every Council
Member attend the meeting to be conducted by the State Property Tax Board on
Monday at 9:00 a.m. at Corpus Christi State University so that they can learn
about tax rates.
Council Member Guerrero inquired about the reason for waiting for the final
approval of the tax roll prior to establishing the tax rate.
City Manager Martin provided an explanation and agreed that it would be
desirable to have a tax appraisal roll certified before they start on the
budget. He stated that the remarks being made are absolutely incorrect in
regard to the adoption of the Budget -- the Charter and the State Law are not in
conflict because the State specifies by September 1st and the Charter states by
August 1st which would certainly be prior to the September date referred to in
the State law.
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No one else spoke in regard to the budget. _
A motion was made by Council Member Guerrero that the hearing be closed,
seconded by Mayor Pro Tem Best and passed unanimously.
* * * * * * * * *
Mayor Jones called for petitions or information from the audience on
matters not scheduled on the Agenda.
Mr. Frank Gallardo stated that he was present to remind the City of the
Molina Program sponsored by the West Oso Independent School District. He
explained that West Oso has an organization to encourage children to read with
the assistance of an adult. He informed the Council that on July 14, there will
be a march in Laguna Park honoring Dr. Hector Garcia. He invited the Council to
attend on that Sunday at 4:00 p.m. He also stated that they need volunteers to
assist children in learning to read and comprehend.
Mayor Jones informed Mr. Gallardo that earlier in the meeting the Council
had tabled a zoning case in the West Oso Independent School District area on the
application of Bearco. He informed Mr. Gallardo that the Council would like to
have the opinion of representatives of the West Oso Independent School District
before granting the requested zoning for a mobile home subdivision.
Mr. Gallardo expressed appreciation to the Council for this consideration.
Council Member Mendez reminded the Council Members that "Operation
Paintbrush" will occur on Saturday, July 13th, and requested that those who are
going to assist arrive at 1702 Craig at 7:00 a.m. and suggested that they bring
paint brushes.
Council Member McComb provided additional information by stating that 100
houses will be painted on Saturday; 1,815 people have signed up to work; and
many of the groups have already started working. He explained that he and
Council Member Mendez and their families have already cleaned up the yard at the
house on Craig and prepared the house for painting.
Mayor Jones expressed appreciation to Council Member McComb for all of his
efforts on this project.
There being no further business to come before the Council, on motion by
Council Member Guerrero, seconded by Council Member Strong and passed
unanimously, the Regular Council Meeting was adjourned at 5:30 p.m., July 9,
1985.
* * * * * * * * *
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