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HomeMy WebLinkAboutMinutes City Council - 08/13/1985MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 13, 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 ABSENT: Council Member Linda Strong City Manager Edward A. Martin City Attorney J. Bruce Aycock 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 Bill Pruet, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Joe McComb. City Secretary Armando Chapa 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 Mary Pat Slavik that Council Member Linda Strong be excused from the meeting, seconded by Council Member Joe McComb and passed unanimously. A motion was made by Council Member David Berlanga that the Minutes of the Regular Council Meeting of August 6, 1985 be approved as presented; seconded by Council Member Bill Pruet; and passed unanimously. MICROFILMED Minutes Regular Council Meeting August 13, 1985 Page 2 Council Member Frank Mendez announced that the Private Industry Council of J.T.P.A. has provided funds for retraining workers who were laid off by ASARCO due to a shutdown. He explained that this announcement was made by Mr. Al McRae who is the Chairman of PIC, stating that the funds will be provided by Title III of the Jobs Training Act. He recognized Representative Eddie Cavazos and Texas Employment Commission Member Allen Itz who were instrumental in obtaining the funds. He stated that Ms. Irma Caballero will begin training about 120 former employees of ASARCO as soon as possible. Mayor Jones then read the proclamation issued on "NATIONAL NIGHT OUT" scheduled for Tuesday, August 13, 1985. Mayor Jones made a few remarks about the success of the Neighbors on Watch Program which provides security in neighborhoods. Chief Bill Banner of the Police Department informed the Council that over 800 blocks in the City have groups called Neighbors on Watch, and he agreed that the groups are very effective. Commander Bell of the Police Department explained the procedures followed to establish the Neighbors on Watch Program. Mr. Bill G. Read explained that he is General Chairman of the National Night's Out for Corpus Christi. He explained the purpose of the event, stating that it is to let the criminal element of the City know that they are not welcome in Corpus Christi and that all the citizens are on watch to prevent crime. Re stated that the request is being made that neighbors go outside for one hour on that night, turn on all of their lights, including headlights of their cars, and visit with their neighbors. Mayor Jones expressed' appreciation to those who organized the National Night Out. Chief Banner then introduced various police officers involved in this and Mrs. Oscar Bocock, who is very active in this effort. Mayor Jones presented 30 -year pins to the following employees: Name Department Position Carmen Gonzalez Health Stenographer Robert H. Castaneda Engineering Instrument Person II William Mahen Fire Fire Captain Council Member Guerrero suggested that pins be presented to employees every ten years rather than just 30 -year pins. nutes gular Council Meeting August 13, 1985 Page 3 Mayor Jones then administered the oath of office to Ms. Linda Bridges, a new appointee to the Cable Communications Commission. Mayor Jones then called for the presentation by the Drug and Alcohol Abuse Task Force. Mr. Dick Graessle, Co -Chairman of the Drug and Alcohol Abuse Task Force, stated that they have found that the City Police Department is performing an excellent job in their efforts to control this abuse. He then presented a letter of commendation to the Police Department for their efforts in controlling drug related activities in this City. He presented the Council with information, including a list of the various types of drugs that are commonly used in the City. Mayor Jones responded with appropriate remarks expressing appreciation to the Committee. Council Member Guerrero complimented the work that the Task Force is performing and specifically, expressed appreciation to Mr. Graessle and Dr. Ganz. Mr. Graessle then stated that they were very appreciative of the efforts of Alicia Perez for her work as a representative of the City Staff. Mayor Jones called for Board and Committee appointments and reviewed those discussed during the morning Workshop Meeting. A motion was made by Council Member Berlanga that the following appointments be confirmed, seconded by Council Member Pruet and passed unanimously: a. Bay Drilling Committee: (Mayor's appointment with approval of the Council from those nominated by the oil and gas industry) Donald D. Lewis b. Airport Board: David Z. Conoly * * * * * * * * * * Term: 12-31-86 4-4-86 Mayor Jones announced the bid opening on the following engineering project: Parker Park Improvements - This 8th and 10th Year Community Development Block Grant project provides for the construction of an approximate 3,800 square foot community building. In addition, a concession facility designed to serve all park users will be added to the swimming pool area. Minutes Regular Council Meeting August 13, 1985 Page 4 Assistant City Manager James R. Lontos opened bids on this project from the following firms: Bracco Construction Company, Inc.; Casey & Glass, Inc.; J. H. Chapman Construction Co., Inc.; Chester Lambert General Contractor, Inc.; Mehne Construction Company; E. J. Netek Construction Company; and Black Brothers Construction Company. Mr. Lontos explained to the Council that the tabulation sheet was not prepared to include totals; a member of his Staff will prepare totals of the items bid; and this will be presented to the Council later during the meeting. Mayor Jones expressed appreciation to the contractors who 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 called for consideration of the Consent Motions on the following items: 1. 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 general use automotive filters to Industrial Lubricant based on low net bid, derived from a 38% discount from published price list. Estimated annual expenditure is $25,000. These filters are used by Maintenance Services. Twenty—six bid invitations were issued, eight bids were received. Prices have decreased approximately 4.5% from last contract of May, 1983. 2. 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 liquid aluminum sulphate for the Water Division to be used in water treatment, to Stauffer Chemical Co., in the amount of $21,779.20, based on low bid. Prices have decreased approximately 5% since July, 1984. 3. Approving the plans and specifications for lighting the driving range at the Gabe Lozano, Sr., Golf Center and authorizing the receipt of bids on September 4, 1985. 4. Approving specifications and authorizing the receipt of bids on September 4, 1985, for 12,600 linear feet of 12" diameter pipe and appropriate fittings. The pipe will be utilized by the Wastewater Services Division in laying a new sanitary sewer force main paralleling Saratoga Boulevard to replace a force main which must be abandoned as part of the Saratoga Boulevard reconstruction project. nutes :gular Council Meeting August 13, 1985 Page 5 5. Authorizing acquisition of a parcel of land located across from Los Encinos School at Frio and Hacala Streets from Saratoga Downs Associates in connection with the Molina—Los Encinos Land Acquisition project. In reference to Item 3, Mayor Jones inquired if the Staff has planned to establish a driving range at the Oso Golf Course. City Manager Martin stated that they would have to make a great deal of money from the proceeds of the golf course to acquire more land for such a facility. Council Member Pruet inquired about the amount of land required and an estimate of the price. City Manager Martin explained that for future expansion, although the City owns some land, Dr. Barrera owns a larger amount of the land that would have to be purchased. Council Member Berlanga referred to Item 4 and inquired if this sewer main will be in conflict with the proposed new wastewater treatment plant. City Manager Martin replied that the City Staff does not even know yet whether the consultants will recommend that an additional sewer plant be constructed, and Mr. Lontos explained that this is not a part of the Oso system. Mayor Jones inquired as to why this item is being constructed by City crews rather than by contract, noting that there seems to be a problem with the Horne Road repairs which the City crews are doing in that it is requiring a long period of time. City Manager Martin agreed but stated that the City budget for Saratoga is only $300,000 and an attempt is being made to complete the project by any means possible. Further discussion followed on this item. Council Member Mendez stated that it was his understanding that unappropriated bond funds would be used to get more people off of septic tanks. He also inquired if the 12" pipe proposed for this project is sufficient, and Mr. Lontos replied that there are two 12" pipes. Noting the amount of money'to be spent for the acquisition of land referred to in Item 5, Council Member Slavik noted that there will only be $23,000 to refurbish the three buildings. Council Member Guerrero explained that the homes have been donated and the only expense will be moving the buildings to the new location. Minutes Regular Council Meeting August 13, 1985 Page 6 Mayor Jones called for comments from the audience on the Consent Motions. There were none. A motion was made by Council Member Berlanga that Consent Motions 1 through 5 be approved, seconded by Council Member Mendez and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez and Slavik voting "Aye" on all of the items; Pruet voting, "Aye" on all of the items with the exception of Item 5 on which he abstained; Strong, absent. * * * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on Items 6 through 21. City Manager Martin stated that he would like to withdraw Ordinance No. 10 which authorizes eminent domain proceedings for the acquisition of a parcel of land near FM 624. In reference to Ordinance No. 13 which grants a special zoning permit for Ms. Denise E. Miller for a beauty salon located on Lot 15, Block 1, Koolside Addition, Mayor Jones asked for a transparency to show the location of this property. Mr. Larry Wenger, Director of Planning, presented a site plan for the Council's consideration, noting that the applicant plans to add another story to the structure, add a free-standing monument type sign that will be non -illuminated and change the plan for parking. He assured the Council that the site plan meets the requirements for the necessary parking and setbacks and assured them that there will be no access to the Dorothy Street side of her property and the only entrance and exit will be off Airline Road. Council Member Mendez referred to Ordinance No. 15 approving the revised Compensation and Classification Plan for FY 1985-86 which authorizes a one-time payment in various amounts for all City employees rather than the usual cost of living salary increase. Council Member Mendez referred to the discussion the preceding week, noting that the vote was 4 to 4 and pointed out that the same Council Members who were present last week are present this week. He emphasized the fact that he is still opposed to the one-time payment because of the detrimental effect on the employees in future years in that they will remain at the same pay grade for another year. He stated that he will still vote against this. Council Member Guerrero indicated that he, too, would vote against this ordinance. Council Member Mendez noted that probably the Council Members will vote the same way they did the preceding week and stated that he would like to urge that the members who voted in favor of the one-time payment consider changing their votes at this time. nutes gular Council Meeting August 13, 1985 Page 7 Council Member Berlanga also expressed disapproval of the one-time payment plan. Mayor Pro Tem Best expressed the opinion that this is a very innovated approach to a salary increase and stated that he would vote for the one-time payment because he was of the opinion that the employees would enjoy having this money for special expenditure at Christmas time. He pointed out that this method would eventually save the City $1.5 million. Council Member Mendez expressed the opinion that if this ordinance should be passed to approve the one-time payment, the Council should be made aware of just which employees will receive the payment. He asked for an explanation from the City Manager. City Manager Martin informed the Council that the one-time payment will be made to all employees who were on the payroll August 5, 1985 and are still on the payroll November 25, 1985. He explained that employees who are hired after August 5th will not receive the payment and part-time employees will receive a lesser amount than the full-time employees. Council Member Guerrero stated that in fairness to everyone, he would like to suggest that this be tabled until next week when the entire Council will be present. City Manager Martin agreed, stating that another negative vote would be detrimental to the morale of the City employees. Council Member McComb pointed out that the plan passed the first time it was voted on and he felt that the Council should vote on it at this time. A motion was made by Council Member Guerrero that the ordinance be tabled for one week until a full Council is present. The motion was seconded by Council Member Berlanga and it failed to pass by a vote of 4 to 4. Council Member Pruet expressed the opinion that the Council should vote on the issue today, and Mayor Jones pointed out that evidently the vote would be 4 to 4. Council Member Mendez suggested that the Council discuss the same items in depth. He stated that the City Council Members need to look out for the welfare of the employees and the one-time payment will have a long-term detrimental effect and he felt that saving money for the taxpayers was wrong if it is at the expense of City employees. Further discussion followed and it was determined that Council Member Pruet did not vote on the motion to table and the Mayor ruled that the motion to table had passed by a vote of 4 to 3. Minutes Regular Council Meeting August 13, 1985 Page 8 Mr. Ed Ostergard stated that he would like to make a commendation about City crews. He stated that he has watched the Gas Division crews on Padre Island Drive between Nile and Oso and informed the Council that there are some very good employees working for the City. He stated that he, too, felt that they should have a salary increase, not a one-time payment. Mr. J. E. O'Brien, 4130 Pompano, stated that the Corpus Christi Taxpayers' Association wants to go on record as having a problem with the Managerial Group pay increase. He stated that he had heard it stated that the City has an outstanding Managerial Staff and this could be true in some cases but he wanted to share with the Council the fact that the City of Corpus Christi applied for a permit to fill in twenty acres of the Bay and the Council did not know anything about it. He also expressed the opinion that the City Staff was under -estimating income from the industrial districts and that a 25% mistake had been made in the estimate. He also reminded the Council that they were told that they could adopt a tax rate before obtaining a certified tax roll and this is not true, but fortunately the Council postponed the adoption of the tax rate until they did have a certified tax roll. Mr. O'Brien pointed out that the tax increment financing zone requires that an annual report be filed and until the Taxpayers' Association started asking questions, no report was made. Mr. O'Brien continued by stating that San Antonio pays its City Manager $100,000 but their population is 840,000 whereas the population of the City of Corpus Christi is only 232,000. He noted that the City of San Antonio has 7,600 employees and their City Manager deserves that salary. He expressed the opinion that the City's managerial employees are already very well paid. There were no further comments on the ordinances; City Secretary Chapa polled the Council for their votes; and the following ordinances passed: 6. RESOLUTION NO. 18968: APPROVING A RESOLUTION CONFIRMING THE CITY'S COMMITMENT TO THE DEVELOPMENT OF RUBEN ALMANZA PARK AND THE DEVELOPMENT OF ALL NEIGHBORHOOD PARKS THROUGHOUT THE CITY OF CORPUS CHRISTI; 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. 7. ORDINANCE NO. 18969: AUTHORIZING 1HE EXECUTION OF AN AGREEMENT WITH SHAWN BODINE, DEVELOPER OF CRESTMONT UNIT 10 SUBDIVISION, PROVIDING FOR THE CITY'S SHARE OF CONSTRUCTION COSTS FOR PAVING IMPROVEMENTS ON PERSIMMON STREET WHICH BOUNDS THE DEDICATED PARK; APPROPRIATING $11,940.37 OUT OF THE NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NO. 220-85-6.1, CRESTMONT UNIT 10 PARK PAVING; AND DECLARING AN EMERGENCY. nutes gular Council Meeting August 13, 1985 Page 9 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. 8. ORDINANCE NO. 18970: APPROVING CHANGE ORDER NO. 1 TO THE PURDUE ROAD IMPROVEMENTS, PHASE II PROJECT; APPROPRIATING $22,500 FROM PROJECT NO. 250-82-5.1, DON PATRICIO TRUNK AND LATERALS; PROVIDING FOR THE INSTALLATION OF APPROXIMATELY 500 LINEAR FEET OF SANITARY SEWER LINE IN PURDUE ROAD EAST OF FLOUR BLUFF DRIVE, APPLICABLE TO PROJECT NO. 220-82-2.2, PURDUE ROAD STREET IMPROVEMENTS, PHASE II; 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. 9. ORDINANCE NO. 18971: AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCEL 4 FOR THE PURDUE ROAD STREET IMPROVEMENTS, PHASE II, PROJECT, AND TO ACQUIRE SAID PARCEL FROM THE OWNER, ROY D. HOLLOWAY; 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. 10. (This Ordinance was withdrawn -- See Page 6) 11. ORDINANCE NO. 18972: CLOSING AND ABANDONING THE 20 FOOT WIDE PUBLIC ALLEY IN BLOCK 10, JONES ADDITION, RETAINING THE WIDTH OF THE ALLEY AS A UTILITY EASEMENT; PROVIDING FOR SEVERANCE; 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. 12. ORDINANCE N0. 18973: CLOSING AND ABANDONING THE PORTION OF A 15 FOOT WIDE PUBLIC ALLEY ADJACENT TO LOTS 8-13, BLOCK 3, BAY VIEW UNIT 2, SHOWN BY PLAT IN VOLUME A, PAGE 25, MAP RECORDS, NUECES COUNTY, TEXAS: PROVIDING APPLICANT PAY SOUTHWESTERN BELL TELEPHONE COMPANY FOR RELOCATING TELEPHONE FACILITIES THEREIN; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting August 13, 1985 Page 10 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. 13. ORDINANCE NO. 16974: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF DENISE E. MILLER BY GRANTING A SPECIAL COUNCIL PERMIT FOR A BEAUTY SALON WITH A 20 SQUARE FOOT NON -ILLUMINATED, FREESTANDING SIGN AND 13 PARKING SPACES ON LOT 15, BLOCK 1, KOOLSIDE ADDITION; 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. 14. ORDINANCE NO. 18875: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE CITY OF CORPUS CHRISTI BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 9, AND A PORTION OUT OF LOTS 10 AND 11, BLOCK 26, MEADOWPARK, FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "B-4" GENERAL BUSINESS 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. 15. (This Ordinance was withdrawn -- See page 7) 16. FIRST READING: CLOSING AND ABANDONING APPROXIMATELY 100 FEET OF NEMEC STREET AT THE HAMLETT DRIVE INTERSECTION, APPROXIMATELY 100 FOOT LONG UNNAMED STREET ADJACENT TO LOT 2, BLOCK 8, BOTSFORD PLACE UNIT 2, AND A 350 FOOT LONG PORTION OF UNOPENED 30 FOOT WIDE HAMLETT DRIVE, FROM NEMEC STREET TO SOUTH PADRE ISLAND DRIVE, SUBJECT TO PROVISIONS LISTED BELOW. The ordinance was read for the first time and passed to its second reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, absent. 17. FIRST READING: AMENDING CHAPTER 53, TRAFFIC, SECTION 53-252, SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS; 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, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, absent. nutes 4gular Council Meeting August 13, 1985 Page 11 18. SECOND READING: AMENDING CHAPTER 53, SECTION 53-257, SCHEDULE VIII, OF THE CITY CODE, ESTABLISHING PARKING METER ZONES; BY CHANGING SUBSECTIONS (A), (B), (C), (D), (E), (F), AND (G); PROVIDING FOR 20 -HOUR METER ZONES IN THE 400 BLOCK OF LAGUNA (SOUTH SIDE), ON N. CARANCAHUA (WEST SIDE) BETWEEN COMANCHE AND LIPAN, ON N. CARANCAHUA (EAST SIDE) BETWEEN BLUCHER AND LIPAN, ON ANTELOPE BETWEEN ARTESIAN AND CARRIZO, ON BLUCHER BETWEEN CARANCAHUA AND UPPER BROADWAY, IN THE 500 BLOCK OF N. SHORELINE BLVD. (WEST SIDE), ON TWIGG BETWEEN LOWER BROADWAY AND MESQUITE; PROVIDING FOR A 2 -HOUR METER ZONE ON TANCAHUA (EAST HALF ROW) BETWEEN BUFFALO AND I-37 FRONTAGE ROAD; PROVIDING FOR A 1-HO1'R METER ZONE ON N. CARANCAHUA (EAST SIDE) BETWEEN LEOPARD AND ANTELOPE; 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 and Slavik voting, "Aye"; Strong, absent. 19. SECOND READING: AMENDING THE CODE OF ORDINANCES, CHAPTER 13, ARTICLE II, DIVISION 2, JUNKED VEHICLES, SECTION 13-38 TO DEFINE A JUNKED VEHICLE AS A MOTOR VEHICLE THAT IS INOPERATIVE, AND THAT DOES NOT HAVE AFFIXED TO IT EITHER AN UNEXPIRED LICENSE PLATE OR A VALID VEHICLE INSPECTION CERTIFICATE, THAT IS WRECKED, DISMANTLED, PARTIALLY DISMANTLED, OR DISCARDED, OR THAT REMAINS INOPERABLE FOR A CONTINUOUS PERIOD OF MORE THAN 45 DAYS; PROVIDING FOR SEVERABILITY; 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 and Slavik voting, "Aye"; Strong, absent. 20. THIRD READING - ORDINANCE NO. 18976: AMENDING CHAPTER 57, VEHICLES FOR HIRE, OF THE CITY CODE BY AMENDING ARTICLE II, TAXICABS, TO PROVIDE FOR A SEMIANNUAL TAXICAB STREET USE FEE OF $175.00 PER AUTHORIZED VEHICLE, THE SUBLEASING OF TAXICABS BY A CERTIFICATE HOLDER, THE CRITERIA TO DETERMINE PUBLIC CONVENIENCE AND NECESSITY, THE CRITERIA TO BE USED FOR INVESTIGATING APPLICANTS FOR TAXICAB DRIVER PERMITS, PROHIBITING THE MONITORING OF ANOTHER'S RADIO DISPATCH FREQUENCY; AND PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the third time and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, absent. Minutes Regular Council Meeting August 13, 1985 Page 12 21. THIRD READING - ORDINANCE NO. 18977: AMENDING CHAPTER 57, VEHICLES FOR HIRE, REPEALING SECTION 53-135, FARES --AMOUNTS, PROVISIONS FOR SAID SECTION 53-135, BY HEREINAFTER SET FORTH; PROVIDING FOR PUBLICATION. OF THE CITY OF ORDINANCES, BY AND IN LIEU THEREOF, ADOPTING NEW ESTABLISHING THE TAXICAB RATES SEVERANCE; AND PROVIDING FOR The ordinance was read for the third time and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, absent. Mayor Jones called for consideration of an ordinance from the Regular Agenda pertaining to paving assessments. He inquired if this would be retroactive in assessments already in effect, and City Manager Martin stated that it will only apply to those in the future. No one spoke in regard to this ordinance. City Secretary Chapa polled the Council for their vote and the following ordinance passed: 22. ORDINANCE NO. 18978: AMENDING SECTION 49-21 SO AS TO PROVIDE FOR INTEREST ON OUTSTANDING ASSESSMENTS TO BE COLLECTED, WHICH RATE IS THE GREATER OF (a) EIGHT PERCENT (8Z) PER ANNUM OR (b) THE INTEREST RATE PAID BY THE CITY ON ITS MOST RECENTLY ISSUED GENERAL OBLIGATION BONDS; 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. * * * * * * * * * Mayor Jones announced the public hearings on two zoning applications. 23. Amendments to the Zoning Ordinance A. Amending the Zoning Ordinance by creating a new district "A -1A" Apartment House District which would allow twenty-nine apartment units per acre. 'nut es sgular Council Meeting August 13, 1985 Page 13 B. Amending Article 33 by increasing zoning filing fees. Proposed Zoning Filing Fees Proposed Prezoning Filing Fees Less than 0.25 acre = $250.00 Less than 0.25 acre = $500.00 0.25 - 0.99 acre = $350.00 0.25 - 0.99 acre = $700.00 1 - 9.99 acres $525.00 1 - 9.99 acres = $1,050.00 10 - 19.99 acres $965.00 10 - 19.99 acres $1,930.00 20+ acres = $1,300.00 20+ acres $2,600.00 Planning Staff's Recommendation: The Planning Staff supports the above modification. C. Amending Article 31 by deleting pre -zoning information from the Zoning Ordinance. City Manager Martin stated that these are Staff initiated amendments but the Planning Commission concurs with them and recommends approval. Council Member Guerrero inquired if the City planned to remove the allowance for apartments in "AB" zoning category, and Mr. Wenger stated that the Staff is examining this possibility as well as the allowance in "B-1" and "B-4". Assistant City Manager Tom Utter explained that the Staff would like to have the Council consider all three amendments during one public hearing. He informed the Council that Item A recommends the creation of a new zoning district of "A -1A" which limits the number of units to 29.04 per acre. For comparison purposes, he stated that "A-1" zoning allows 21 units per acre and "A-2" allows 36.30 units per acre. He stated that "A -1A" signage will be the same as that allowed in "A-2" and informed the Council that all of the builders and developers are in concurrence with this "A -1A" recommended category. Mr. Wenger then referred to Item B increasing zoning filing fees and explained the reason the Staff recommends approval of these. He stated that these revised proposed increases were in compliance with the recommendation of the Planning Commission that two additional steps on areas inside the City limits be added so that the small property owners will not have to pay quite as much as the larger ones. He explained the reason for the cost increases and informed the Council that most cities not only had substantial increases in 1979 but have had increases since that time. He informed the Council that the fees will not cover the actual cost of the application but it will help defray some of the expenses. He noted that the actual cost of a zoning application is approximately $387. Mr. Utter then referred to Item C and explained that this is just a measure to delete a large portion from the Zoning Book by removing the requirement that it be included in the Zoning Ordinance. Minutes Regular Council Meeting August 13, 1985 Page 14 No one spoke in regard to this zoning application. A motion was made by Mayor Pro Tem Best that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. City Secretary Chapa polled the Council for their votes and the following ordinance passed: 23. ORDINANCE NO. 18879: AMENDING THE ZONING ORDINANCE, ARTICLE 4, GENERAL PROVIDIONS, DISTRICTS AND DISTRICT MAPS, BY CREATING A NEW DISTRICT "A -1A" APARTMENT HOUSE DISTRICT; ARTICLE 33, PERMITS, PLATS, AND FILING FEES, BY AMENDING SUBSECTIONS 33-3.02 AND 33-3.05, BY INCREASING THE ZONING FILING FEES; ARTICLE 31, NEWLY ANNEXED TERRITORY, BY DELETING PRE -ZONING INFORMATION FROM THE ZONING ORDINANCE; 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. 24. Zoning Case #785-4, Ms. Louise F. Vickers: For a change in zoning from "R -1B" One -family Dwelling District to "B-1"Neighborhood Business District being 2.85± acres out of Lot 12, Section 31, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of Paul Jones Avenue, immediately across from the Decatur Drive intersection. Mr. Utter informed the Council that in response to the twelve notices of the public hearing, six in favor and four in opposition had been returned and that both the Planning Commission and Planning Staff recommend denial of this application. Mr. Wenger located the area on the zoning and land use map which is on Paul Jones Avenue near Padre Island Drive, described the land use in the surrounding area, and showed slides of the vicinity. He informed the Council that the subject property was formerly the old Sundeen School which has been vacant for some time. He stated that the school was closed shortly after this area was incorporated into the Corpus Christi School District. Mr. Wenger explained that the reason the Staff recommends denial is because Paul Jones is a collector street not designed for heavy traffic and the applicant's plans will greatly increase the traffic. Mayor Jones invited the applicant to speak. 'nutes :gular Council Meeting August 13, 1985 Page 15 Ms. Louise F. Vickers, 7 Hewit Place, local realtor, stated that she felt that there will be a need for this type of housing when Homeport is established. She stated that the building is in good structural condition and she plans to establish an apartment/hotel type of project for either young people or snow birds from the north. She stated that they also plan to establish a small restaurant and health club which will be open to the public to help defray the expenses of the venture. She informed the Council that on the perimeter of the property she wanted to construct some two-bedroom residences. Ms. Vickers displayed a drawing of the type of renovation that she plans and stated that she was not aware that she could not have private streets within her planned subdivision unless the zoning is PUD. Mr. Utter verified this assuring the Council that the only way a private street can be placed in use is if the developer has PUD zoning classification. Council Member Mendez expressed the opinion that Ms. Vickers has some good ideas for improvement of this property but he felt that she should go back through the zoning process to request PUD zoning which would allow her to have the private streets as planned. He suggested that the City Staff work with her to see that the appropriate type of zoning is requested. Council Member McComb noted that Ms. Vickers' agent was Urban Engineering and questioned why they did not request the correct zoning. In a response to a question by Council Member Slavik, Mr. Utter explained the reasons for the written opposition, noting that they were primarily in opposition because of the increased traffic on Paul Jones Avenue. Mr. Utter explained that the reason for the request for "B-1" is that this is the type of zoning that would allow the operation of the restaurant, open to the public, the health club, and to have a boarding house type of establishment. He noted that Ms. Vickers could also have congregate housing in "A-2" zoning with a serving area but she could not serve the general public under that zoning. Ms. Vickers stated that she did not understand why people are opposed to her plan because it would improve this unsightly building and property. Mayor Jones agreed that the facility if constructed as planned would improve the neighborhood. Ms. Vickers continued by stating that the building was constructed in 1942; it needs to be improved; and stated that she will not put anything on this land that she has not informed the Council about. Mayor Jones suggested that a special permit might be the best solution. Mayor Jones then called for those who wished to speak in opposition. Minutes Regular Council Meeting August 13, 1985 Page 16 Mr. Robert Yzaguirre, 1822 Paul Jones, expressed opposition to the applicant's plan to establish a business in their residential neighborhood. He expressed concern that this would increase traffic because of the necessity to go to Padre Island Drive. He pointed out that an apartment complex exists behind them which has added a great deal to the traffic on Paul Jones and this type of complex will further increase the traffic. He also informed the Council that Ms. Vickers has not maintained the property properly since she has owned it and objected to the fact that her plans would attract transients. Mr. Ed Ostergard, 1925 Merriman, appeared in opposition stating that he is concerned about the business development also because of the additional traffic that will be generated. Mr. Ostergard also questioned how such a small restaurant could be profit-making. Mrs. Rosie Yzaguirre, 1822 Paul Jones, explained that there are several neighbors opposed to the change of zoning and noted that some of the residents did not receive notices of the public hearing. Mr. Utter explained that only those people who own property within 200 feet of the subject property being proposed for rezoning receive notices. Mrs. Yzaguirre continued and agreed that the proposed building is very attractive but they object to the plan for a boarding house or rooms rented on a nightly or weekly basis being located in their neighborhood. Ms. Vickers addressed the Council again and stated that this will not be a place for transients. She also informed the Council that there are no dedicated streets behind this property and explained that people have just made roads by driving through private property, including hers. She stated that she would be happy to construct kitchens with the units so that they could be considered apartments and agreed that she could refrain from allowing visitors to use the restaurant and health facilities. An unidentified gentleman in the audience stated that he believed that Paul Jones Street will be opened to the south in the near future and this will further increase the traffic. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Pruet and passed unanimously. Council Member Slavik inquired about the use if "A-1" zoning is approved for the property, and Mr. Utter explained that Ms. Vickers could install apartments if "A-1" zoning were approved. Mrs. Slavik continued and asked for a Staff opinion as what would be the least damaging to the existing neighborhood, and Mr. Utter replied that the least damaging would be "R -1C" zoning for part of the property with the school itself to be zoned "A-1" or "A-2" for apartments or a special permit to allow those uses. He also pointed out that to approve "B-1" zoning would require six affirmative votes. 'inutes gular Council Meetinb august 13, 1985 Page 17 A motion was made by Council Member Mendez that the Council concur with the recommendation of the Planning Commission and Planning Staff and deny the requested zoning of "B-1" for Application No. 785-4 and that the suggestion be made that Ms. Vickers work with the Staff to zone part of the property "A-1" and part of it "R -1C" under a PUD Plan. The motion was seconded by Council Member Slavik and passed unanimously by those present and voting. Mayor Jones called for the City Manager's Report. City Manager Martin informed the Council that the Staff has been working with Nueces County on the jail consolidation and the County would like to have reaffirmation of the Council's approval of this plan. He stated that the Council has previously approved the plan but he would like comments to the effect that the Council still concurs with that consolidation. The Council indicated that they still concur with that plan and felt that the Staff should continue with those efforts. On another subject, City Manager Martin informed the Council that there is a tropical storm named, "Danny", in the Gulf of Mexico; the warning area for the hurricane is from east of Port Aransas to Mobile, Alabama; and at this point, the early predictions are that it will hit landfall in Louisiana. He stated that he will be receiving reports every six hours and the City will move into other conditions as soon as more is known about the movement of the hurricane. He stated that if the hurricane does land near Corpus Christi, all of the Council Members will be called into session as soon as possible. Council Member Slavik suggested that if any Council Member plans to leave the City within the next few days that they notify some of the City Staff, and City Manager Martin suggested that the Council Members call the City Secretary's Office to let him know where they can be reached. * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Carl Werner addressed the Council in regard to the Rock 'N Roll groups that are appearing in Corpus Christi. He referred to the lyrics that are a part of the concerts which expose children to negative suggestions in regard to drugs, suicide, etc. He expressed the opinion that the concerts are very detrimental to the children and suggested that the Manager of the Coliseum be prohibited from allowing these groups to appear in Corpus Christi. Minutes Regular Council Meeting August 13, 1985 Page 18 Council Member Slavik expressed the opinion that the most effective way to prevent the continuation of such concerts is to develop a Speakers' Bureau to address youth groups, churches, etc. and discourage attendance at the concerts. She expressed the opinion that public education is the only way to stop this. Mr. Werner continued by stating that a lot of churches are doing this but at this point, they are trying to eliminate this at the source and ask that the Council prevent the Coliseum Manager from booking these events. Mayor Jones stated that this had come up before and it had been determined that the Council cannot exercise censorship which this would be. Mr. Clay Moore referred to a sample Texas newsletter published by Kiplinger and read excerpts from an article in regard to the old J. C. Penney Store and other development planned for Corpus Christi. He stated that there was also a good article on Homeport. Mr. Sam Shamoon, Route 3, Box 448, referred to the last concert given by The Ratts at which time two police officers were searching everyone who came to the Coliseum, including very young children. He expressed the opinion that it was very degrading for children to be searched for drugs when they go to a concert. He said even with these measures, it is alleged that marijuana is smoked at the concerts. There being no further business to come before the Council, on motion by Mayor Pro Tem Best, seconded by Council Member Mendez and passed unanimously, the meeting was adjourned at 5:35 p.m., August 13, 1985. DZ/rr