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.
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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.
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: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.
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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.
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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.
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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.
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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.
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