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HomeMy WebLinkAboutMinutes City Council - 11/19/1985Present Mayor Luther Jones Mayor Pro Tem Jack Best Council Members David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong Minutes City of Corpus Christi, Texas Regular Council Meeting November 19, 1985 2:00 p.m. City Manager Edward A. Martin City Attorney Bruce Aycock City Secretary Armando Chapa Mayor Luther Jones called the meeting to order at 2:00 p.m. in the Council Chamber of City Hall. The invocation was given by Mrs. Patty Mueller, following which the Pledge of Allegiance to the Flag of the United States was led by Mrs. Beverly Wallace. City Secretary Armando Chapa called the roll and verified that a quorum of the Council and the required Charter Officers were present to conduct the meeting. A motion was made by Council Member Frank Mendez that the Regular Minutes of November 12, 1985 be approved as presented; seconded by Council Member Joe McComb; and passed unanimously. * * * * * * * * * * * * * Mayor Jones announced the presentation of Certificates of Commendation to the Businesses of the Month. Mayor Jones presented the certificates and Council Member Bill Pruet gave a brief history of the following companies: Cantwell Sleep Stores, Curtis Cantwell, II, President (small business); Sechrist-Hall, Mr. Hollace Porcher, President (medium business); King Ranch Incorporated, Mr. James Clements, Chief Executive (large business). * * * * * * * * * * * * * Mayor Jones administered the Oath of Office to the following newly appointed members of the Municipal Arts Commission: Mrs. Jane Goode, Mrs. Barbara McDowell, and Mr. Wilson Pickering. * * * * * * * * * * * * * MICROFILMED Minutes Regular Council Meeting November 19, 1985 Page 2 Mr. Roger Esparza, Area Business Manager of Reynolds Aluminum Recycling Company, presented a plaque to Mayor Jones in honor of the citizens' of Corpus Christi efforts in recycling aluminum. Mr. Esparza stated that in the ten years that the recycling plant has been in business in the City, 9 million pounds of aluminum have been recycled at a rate of $2 million. * * * * * * * * * * * * * Commander C.F. Wimbish, Corpus Christi Police Department, explained that the McGrauff takes a BITE out of crime presentation is an effective tool to teach elementary students the concepts of safety and crime prevention. He stated that this program is being offered to the schools through the efforts of Families in Action and other groups. He stated that this is a puppet program; the cost of the program is $68; funding has been provided by the Corpus Christi Lions Clubs; and additional funding is anticipated through grants and other sources. Mrs. Barbara Moody, Families in Action, demonstrated the program that is used in the schools. Mayor Jones complimented the Lions Clubs for their contributions to this worthwhile program. * * * * * * * * * * * * * Mayor Jones called for Action of the Council from the Workshop Meeting. A motion was made by Council Member Pruet that the appointment of Joe Fulton to the Port of Corpus Christi Authority of Nueces County, Texas (term to 1/2/89) be confirmed; seconded by Council Member Linda Strong; and passed as follows: Jones, Mendez, McComb, Pruet, and Strong voting "aye"; Best, Berlanga, Guerrero, and Slavik voting "no." * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Motions, items 1 through 8: 1. Approval of specifications and authorization to receive bids December 11, 1985, for a twelve month supply agreement, with an option to extend for an additional twelve months subject to the approval of the seller and the City Manager, or his designee, for mechanical joint, flanged—end, and swivel hydrant fittings; retainer glands and related miscellaneous bolts and gaskets to be used by the Water Division. Estimated expenditure is $117,500. 2. Approval of specifications and authorization to receive bids December 11, 1985, for a twelve month supply agreement, with an option to extend for an additional twelve months subject to the approval of the supplier and the City Manager, or his designee, for water treatment chemicals including calcium oxide, sodium silicofluroide, anhydrous ammonia, and hydrofluosilic Minutes Regular Council Meeting November 19, 1985 Page 3 acid for Water Production, Water Division. Estimated annual expenditure is $153,705. 3. Approval of specifications and authorization to receive bids December 11, 1985, for a twelve month supply agreement, with an option to extend for an additional twelve months subject to the approval of the seller and the City Manager, or his designee, for approximately 83 suits of firefighting clothing for the Fire Department. Estimated expenditure is $27,950. 4. Approving plans and specifications and authorizing the receipt of bids for Fire Station No. 3 Roof Repairs on December 11, 1985. The roof on this fire station, located at 1401 Morgan, shows signs of deterioration, and it is proposed to remove and replace the lower roof area and to place a fibrated aluminum topcoat on the upper roof. Funds for this work are available in the Fire Department Operating Budget. 5. Approving plans and specifications and authorizing the receipt of bids on December 16, 1985, for furniture and furnishings for the Corpus Christi Public Library. Items of furniture include bookcases, tables, chairs, cabinets, credenzas and other items for both the public and staff work spaces in the library. The estimated cost of this equipment is $425,000. Funds for this project have been raised by Friends of the Library and members of the Library Board, and a grant from the Kenedy Foundation has been approved for this purpose. 6. Authorizing the City Manager to renew a lease agreement for the Weber Building at 319 Mesquite. The term of the lease to be for 18 months beginning December 1, 1985, with an option to extend the lease on a month to month basis until the new City Hall is completed and ready for occupancy. First floor Second floor Third floor 3,304 sq. ft. @ 59C 7,000 sq. ft. @ 47c 7,000 sq. ft. @ 47C Parking Lot with 52 spaces Monthly rent Annual rent $ 1,959.83 3,321.77 3,321.77 $ 8,603.37 450.00 $ 9,053.37 $108,640.44 This lease represents the same terms and conditions as provided by the previous lease. *7. Authorizing the City Manager to execute a lease agreement with Corpus Christi Xanin II, Ltd. for 6,336 square feet of space at 4410 Dillion Lane to house the Supplemental Food Program for Women, Infants and Children. This lease will provide enough space to process a client load which is being increased from 4,200 to 6,000 persons per month. Funding for the program is provided by the U. S. Department of Agriculture through the Texas Department of Health. *NOTE: Item withdrawn from consideration. Minutes Regular Council Meeting November 19, 1985 Page 4 8. Authorizing acquisition of a parcel of land (116) located on McArdle Road at Woodlawn Drive for the McArdle Road Street Improvements project. City Manager Martin stated that he would like to withdraw item 7, a lease agreement with Corpus Christi Xanin II, Ltd. In regard to item 5, the purchase of furniture for the Corpus Christi Public Library, Council Member Slavik commended the Library Board and the Friends of the Library for their fund raising efforts. The Council concurred with Mrs. Slavik's remarks and recognized the contributions of Mrs. Patty Mueller, Mrs. Beverly Wallace, Mrs. J.R. de Leon, Sr., Mrs. Alicia Gallegos -Gomez, Mrs. Mary Bell, and other individuals. Council Member McComb referred to the lease agreement, item 6, for the Weber Building and noted that leases of this type will be eliminated when the new City Hall is completed. Council Member Strong referred to item 8, acquisition of land for the McArdle Road Street Improvements project, and stated that she wanted to bring to the public's attention that the City is resolving the problem of the width and safety factor in front of Woodlawn Elementary School. Mayor Jones called for comments from the audience on the consent motions; there were none; a motion was made by Council Member Guerrero that items 1 through 8, excluding item 7 which had been withdrawn, be approved; seconded by Council Member Slavik; and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances, 9 through 14. Council Member Mendez asked for staff comments regarding the award of the contract for the Animal Shelter Improvements. He stated that the low bidder, Dan -Dahl, was excluded due to the fact that the owner's wife works for the City. City Manager Martin stated that he feels it is unfair, but due to the community property laws, the spouse stands in the same position as the owner. Mr. Martin explained that the City Code prohibits employees from becoming "pecuniarily interested, directly or indirectly, in any contract with the city Council Member Mendez pointed out that the employee is not in a decision making position and that this is grossly unfair. City Manager Martin pointed out that the Dan -Dahl bid was $9,000 less than the contractor who is receiving the bid award, but that this is not a disputable issue. Minutes Regular Council Meeting November 19, 1985 Page 5 Council Member McComb inquired if the Lerma Company was able to provide a bond. City Manager Martin explained the difference between the bid security and the performance bond, noting that the actual contract is not signed until the performance bond is submitted. Council Member Slavik referred to Ordinance 13, award of contract for the construction of school pedestrian bridges, and inquired if the school district would provide the access from the bridge. City Manager Martin stated that the City would provide the access because the West Oso High School bridge is designed to provide access to the subdivision, Village on the Green, but that the Tuloso-Midway/Rand Morgan High School bridge does have the condition that the school district will provide the sidewalks to the bridge. Council Member McComb referred to the second reading of the ordinance regarding junked vehicles and asked that Mr. Kelly Elizondo, Director of Housing and Urban Development, comment on the Junk -a -Jewel Program. Mr. Elizondo stated that in the last week his department has received 182 complaints; some of the complaints report six cars at one time; and the first car under the program will be picked up the following day. Council Member McComb informed the Council that HES Grocery Stores, Maverick Markets, and 7-11 have agreed to place the posters regarding the new program in their stores. Mayor Jones stated that this information should be provided to the Texas Municipal League for inclusion in the organization's publication. Council Member Mendez stated that public service announcements are being formulated and the Council will have opportunities to speak before neighborhood associations about the program. In response to a question from Council Member Berlanga, Mr. Elizondo stated that there is a 90 day amnesty period; the owner of the vehicle would then be notified of a hearing; a hearing would be held and any special considerations would be taken into account; i.e., an individual who might be repairing his vehicle; February is the deadline for the amnesty period; and any finding as a result of the hearing can be appealed in Municipal Court. Mayor Jones called for comments from the audience on the Consent Ordinances 9 through 14; there were none; City Secretary Chapa polled the Council for their vote as follows: Minutes Regular Council Meeting November 19, 1985 Page 6 9. ORDINANCE NO. 19090 CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: SOUTH PADRE ISLAND DRIVE (S.H. 358); FROM CLARE DRIVE TO THE NORTH END OF THE OSO BAY BRIDGES NEAR PORTER STREET; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 10. ORDINANCE NO. 19091 AUTHORIZING THE EXECUTION OF A CONTRACT WITH AMERICAN SURFPAC CORPORATION FOR THE PURCHASE OF PLASTIC TRICKLING FILTER MEDIA; APPROPRIATING $106,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 11. ORDINANCE NO. 19092 AUTHORIZING THE EXECUTION OF A CONTRACT WITH LERMA COMPANY AND ASSOCIATES FOR THE ANIMAL SHELTER IMPROVEMENTS, PHASE II; APPROPRIATING $3,300; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 12. ORDINANCE NO. 19093 AUTHORIZING THE INSTALLATION OF 1 APPROPRIATING $50 The Charter Rule Best, Berlanga, "aye." REIMBURSEMENT TO SHERROD CONSTRUCTION COMPANY, FOR THE ,789 LINEAR FEET OF 18 INCH DIAMETER SANITARY SEWER TRUNK LINE; ,874.18; AND DECLARING AN EMERGENCY. was suspended and the ordinance passed as follows: Jones, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting 13. ORDINANCE NO. 19094 AUTHORIZING THE EXECUTION OF A CONTRACT WITH E.J. NETEK CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF PEDESTRIAN BRIDGE CROSSINGS AT THE WEST OSO HIGH SCHOOL AND TULOSO-MIDWAY/RAND MORGAN HIGH SCHOOL; APPROPRIATING $23,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." Minutes Regular Council Meeting November 19, 1985 Page 7 14. SECOND READING AMENDING THE CODE OF ORDINANCES, CHAPTER 13, ARTICLE II, DIVISION 2, JUNKED VEHICLES, SECTION 13-40, TO PROVIDE A PROCEDURE FOR ENFORCEMENT AND REMOVAL OF JUNKED VEHICLES AS PUBLIC NUISANCES; NOTICE AND PUBLIC HEARINGS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The Ordinance was read for the second time and passed to third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." * * * * * * * * * * * * * Mayor Jones called for consideration of the Regular Motions, items 15 through 19. 15. Approving the conceptual design and funding plan for the Tourist Information Center to be located in Nueces River Park and authorizing the City Manager to proceed with plans and specifications. 16. The City Manager or his designee be authorized to execute agreements with the following non-profit organizations providing financial assistance in the amounts indicated for various Arts and cultural programs, as recommended by the Municipal Arts Commission: a. Art Community Center for $200 for the Christmas Reflections Program (December, 1985), and $1,000 for the Sesquicentennial Visiting Artists Program (August 31 - September 6, 1986); b. Corpus Christi Ballet for $4,000 for the performance of "The Nutcracker" (December 21 and 22, 1985); c. Corpus Christi Chamber Music Society for $1,250 for four concert performances (February 1986 - May 1987); d. Corpus Christi Concert Ballet for $1,000 for the performance of "The Nutcracker" (December 12 and 14, 1985) and for $500 for the Free Educational Matinee in its Spring Program (April 11 and 12, 1986); e. Corpus Christi Young Artists' Competition for $500 for the concerto and piano solo contest (January 17 - 19, 1986); f. Creative Arts Center for $3,000 for its Artists in Education Program (January 1 - May 31, 1986); g. Encore Theatre for $1,000 for six performances of "A Christmas Carol" (December 18 - 24, 1985), and $1,000 for six performances of "H.M.S. Pinafore" (July 17 - 26, 1986); h. KEDT-TV Public Broadcasting System for $3,000 to broadcast at least three times the film "1915: The Lone Star and the Southern Cross - Sesquicentennial Partners" (January 1986 - July 1987); and i. KKED - FM 90 Public Radio Station for $1,950 for the production of the "State of the Art" radio program (December 1, 1985 - November 30, 1986) The total of $18,400 is available as part of the $50,000 budgeted for Arts support approved in the 1985-86 Tourist and Convention Fund Budget, of which a balance of $31,500 remains in the Arts and Cultural Projects Activity. Minutes Regular Council Meeting November 19, 1985 Page 8 17. The City Manager or his designee be authorized to execute agreements with the following non-profit organizations providing financial assistance in the amounts indicated for various Arts and cultural programs, as recommended by the Municipal Arts Commission: a. Art Museum of South Texas for $2,500 for Nancy O'Conner's exhibit: "Milam's Journey" (February 22 - April 6, 1986); b. Bilingual Theatre Americana for $4,000 for the provision of its season -long Intercultural Awareness Program (February 1, 1986 - January 31, 1987); c. Center for Hispanic Arts for $2,050 for the Baile Folklorico Educacional (December 1, 1985 - November 30, 1986); d. Corpus Christi Arts Council for $8,000 for the provision of Technical Assistance workshops and seminars, the Arts Calendar/Newsletter, the Artist -in -Residency Program, the 2nd Minority Arts Conference, and the development of the Business Committee for the Arts and the Cultural Consortium (December 1, 1985 - November 30, 1986). e. Encore Theatre for $1,450 for six performances of "The Battle of Corpus Christi" (June 12 - July 5, 1986). The total of $18,000 is available as part of the $30,000 programmed for Arts subgranting from the National Endowment for the Arts (NEA) CityArts Grant. The total amount of $30,000 is comprised of a $15,000 NEA Grant with a $15,000 local match from the City from the 1985-86 Tourist and Convention Development Fund Budget. 19. Consideration of pending Zoning Application 485-11, Mr. H. E. Savoy dba Savoy Homes. In response to a question from Council Member Slavik who referred to item 15, City Manager Martin stated that the State center is only a rest -stop, not an information center, and the proposed center will not have a snack bar. Addressing Council Member McComb's question, Mr. Martin stated that the subcommittee had met regarding camping facilities at Nueces River Park, additional facilities, and funding. He stated that it was felt that at this stage, the minimal facility should be constructed, and depending on the acceptability of the facility, the Council could proceed with other options. City Manager Martin explained that Mr. Edgar Farrera, City Architect, would be performing the necessary architectural service, and the plans would be prepared within 40 days. In response to questions from Mayor Jones regarding the funding for the information center, City Manager Martin stated that the City will use the proceeds from the transfer of the Transit System to the Transit Authority, approximately $500,000, but initially the money will be from the General Fund, Minutes Regular Council Meeting November 19, 1985 Page 9 which will be reimbursed when the funds are received from the aforementioned transfer. City Manager Martin stated that item 19, consideration of zoning appli- cation 485-11, Mr. H. E. Savoy dba Savoy Homes, would need to be discussed before approval could be made. A motion was made by Council Member Mendez that items 15 through 17 be approved; seconded by Council Member Strong. City Manager Martin stated that if any of the Council Members are a member of the associations listed in items 16 or 17, then that Council Member should abstain from voting. Council Member Strong withdrew her second to approve the consent motions, explaining that she is a member of the Corpus Christi Arts Council (item 17d). Council Member Guerrero seconded Council Member Mendez' motion. The Consent Motions passed as follows: items 15 through 16 passed unanimously; item 17 passed by the following vote: Jones, Best, Berlanga, Guerrero, Mendez, McComb, Pruet, and Slavik voting "aye"; Strong "abstaining" on that portion of the motion affecting item "17d." Mr. Larry Wenger, Director of Planning, displayed a transparency of the area under consideration in item 19. Mr. Wenger gave background information on this zoning case and stated that the request was for a change in zoning from "RA" Residential -Acreage District to "R -1B" Single-family Dwelling District on Lot 29, Block 4, Flour Bluff Heights. Mr. Wenger stated that an error had been made by the permitting clerk; a permit was issued for construction of a single-family dwelling on Valerie Street; the original application for the change was heard and denied by the Council on February 12, 1985; a second application was made after the Zoning Board of Adjustment instructed Mr. Savoy to reapply as neither he nor his attorney had been present during the February 12 public hearing; the second public hearing was held on May 28, 1985 at which time a motion was made that the application be tabled for six months so that Mr. Savoy could try to purchase the adjacent property, and if this could not be resolved, the application would be denied. Mr. Wenger stated that the Council could take no action and the application would automatically be denied; the Council can take action to deny the application; the Council can approve the application; the Council can deny the application and in lieu thereof grant a special permit; or the Council can extend the time for final action to a date certain within six months, but if this option is taken, final action will be required on the date that the second time extension expires. Mr. Wenger stated that since the Planning Commission recommends denial, it would take a majority of the Council plus one to pass the ordinance for the Minutes Regular Council Meeting November 19, 1985 Page 10 zoning change. Council Member Guerrero questioned the reasoning for bringing this before the Council again, as the motion clearly stated that the application would be denied if Mr. Savoy could not purchase the adjacent property. Mr. Wenger stated that it was before the Council as a reminder that the six-month time period has expired. Council Member Slavik agreed with Mr. Guerrero's remarks. Mr. Wenger stated needed to be taken off Jay Doegey agreed with A motion was made the table, seconded by that since the motion was to table the application, it the table for final action, and Assistant City Attorney Mr. Wenger's statement. by Council Member Guerrero that the item be removed from Council Member McComb, and passed unanimously. Mayor Jones called on the applicant. Mr. Eddie Savoy, 131 Skipper Lane, stated that he has attempted to acquire the adjacent property. He provided the Council with copies of correspondence to and from the owners of the two lots. He stated that the demands for one of the lots (Lot 29) cannot be met and the owner of the other adjacent lot (Lot 28) is in prison in Colorado. Mr. Savoy stated that taxes on lot 28 are in arrears and he is attempting to obtain that lot through trespass to try title, but this is a long, legal procedure that could possibly take years to accomplish. Mr. Savoy asked that the Council approve a special permit for this zoning application, and in response to a question from Mayor Jones, Mr. Savoy stated that if the application is denied, he would again apply for a zoning change. Mr. Virgil Howard, Attorney, 801 Lipan, urged the Council to approve the special permit, noting that the special permit would increase the density of the vicinity by only one residence. There were no additional comments from the audience on motion 19. Council Member Guerrero made a motion that the application be sent back to the Planning Commission, and the motion was seconded by Mayor Pro Tem Best. Mr. Guerrero explained that this could be beneficial to Mr. Savoy in that the Planning Commission might have a favorable recommendation, thus eliminating the necessity for a majority plus one vote to pass the ordinance. Discussion followed as to whether or not Mr. Savoy would be required to pay a filing fee under this motion. Council Member Mendez stated that the Council should make the decision today; the error was made by the City in issuing the permit; and he supports a special permit for a single family home. Minutes Regular Council Meeting November 19, 1985 Page 11 Council Member McComb agreed with Mr. Mendez and stated that he would vote against the motion to send the application to the Planning Commission. Council Member Guerrero then withdrew his motion. Council Member Slavik stated that she felt Mr. Savoy could acquire the adjacent property. Council Member Slavik made a motion that the time for final action be extended to a date certain within six months. The motion was seconded by Council Member Berlanga and failed to pass as follows: Best, Berlanga, Guerrero, and Slavik voting "aye"; Jones, McComb, Mendez, Pruet, and Strong voting "no." A motion was made by Council Member McComb that a special permit be granted for "R -1B" uses; seconded by Council Member Strong; and passed by the following vote: Jones, Best, McComb, Mendez, Pruet, and Strong voting "aye"; Berlanga, Guerrero, and Slavik voting "no." Mr. Wenger stated that the ordinance would be on the agenda next week. * * * * * * * * * * * * * Mayor Jones called for consideration of the Regular Ordinance, first reading of an ordinance establishing requirements and procedures for operating Horse -Drawn Carriage Services in the City. City Manager Martin explained that the ordinance sets guidelines for the operation of horse-drawn carriages, some of the guidelines have not been finalized, but will be before second reading. Council Member Slavik stated that she is opposed to horse-drawn carriages in the downtown area; she is concerned about traffic accidents; she feels that there are other ways in which to attract tourists; therefore, she will vote against the ordinance. Mayor Jones called for comments from the audience on ordinance 20, and Council Member Berlanga made a motion that comments be limited to three minutes; seconded by Council Member Pruet; and passed unanimously. Mrs. Cissie Sweeney, Floyd, stated that she is about the stress factor on researched thoroughly two Board recommended against horses were replaced with placed on them. President of PAWS -Gulf Coast Humane Society, 3461 opposed to horse-drawn carriages; she is concerned the horses; a proposal for horse-drawn carriages was years ago by the Animal Control Advisory Board; the horse-drawn carriages; and that in New Orleans the mules because the horses could not bear the demands Mr. Bruce Piccirillo, 327 Chenoweth, stated that he had lived in New York City for 15 years and he does not understand why the City would want to change the traffic flow and the condition of the streets to satisfy the tourists. He stated that the endeavor will cost the City money with respect to additional police and sanitation control, and he feels that through approval of this Minutes Regular Council Meeting November 19, 1985 Page 12 ordinance, the life in Corpus Council will be approving the deterioration of the quality of Christi. Mr. Bill Mead, the United States, concerned that the that they are not animals, and if the problems. Director, Gulf States Regional Office, The Humane Society of 6262 Weber Road, Suite 302, stated that the Society is proposal for horse-drawn carriages will expand. He stated against working an animal, but are opposed to exploiting City approves the proposal, it will result in very serious Mayor Jones inquired if the Society had prosecuted any horse-drawn carriage owners for cruelty to animals, and Mr. Mead stated that in New Orleans an owner was charged and convicted. In response to a question from Mayor Jones, Mr. Mead stated that the society will monitor the manner in which the horses are cared for and handled. Mr. Glen Vasquez, 4425 Dody, spoke in favor of horse-drawn carriages; he stated that it would be beneficial to tourism, the carriages would run after 6:00 p.m. only, and only along the bayfront; and the horses would not work in heat in excess of 95° nor in bad weather. Mr. Vasquez pointed out that the Sheriff's Department patrols the beach during the summer with horses. Mr. Ramiro Gamboa, 2021 Eighteenth Street, urged approval of the ordinance. He stated that guidelines have been established, and if the owner of the horse-drawn carriage does not comply, the permit can be revoked. that with Mrs. Lela Lopez spoke in favor of horse-drawn carriages and pointed out the horse that will be used is very well trained, there will be no problems traffic, and Corpus Christi will benefit from the tourist attraction. Mrs. Agnes Horne, 1525 Clodah, spoke in favor and stated that the owners of the horse-drawn carriages know their responsibility to the horses and she feels this will be a wonderful attraction for the City. She stated that the owners take good care of the animals and they also know that organizations will be observing how the animals are treated. Ms. Diana de la Paz, Kingsville, Texas, stated that she had worked for Alamo Carriage Company in San Antonio and she feels that the ordinance should be approved. Mrs. Sharon Vasquez, stated that she has heard complaints regarding her and her husband's proposal for horse-drawn carriages. She stated that the proposal is not their primary source of income; they want to cooperate with the City; the issue of sanitation has been addressed; they will operate during evening hours only; and they will work for special events, for instance, weddings. There were no further comments from the audience. Minutes Regular Council Meeting November 19, 1985 Page 13 Council Member Strong stated that she has faith in the staff and the Council that passage of the ordinance will not sacrifice safety and well-being. She noted that the Animal Control Advisory Board is willing to work with the staff on the ordinance, and she feels that the traffic concerns will be addressed in the ordinance. City Manager Martin stated that the ordinance provides that only the portion north of I.H. 37 will be utilized, and in the evening hours the carriage will serve the hotels. Mayor Jones stated that he will support the ordinance. Council Member McComb stated that he feels this proposal will be good for the City; he feels that the animal will not be abused; he pointed out that the eyes of the community will be on the Vasquez'; and they will be pressed to perform well. In response to a question from Council Member Slavik, City Manager Martin explained that the staff will ask the Council to place a six-month moratorium on any further permits after third reading of this ordinance. He explained that this will allow the staff time to evaluate the ordinance and solve any problems that may arise. Mayor Pro Tem Best stated that he supports the passage of the ordinance and the six month moratorium, and pointed out that this project was a suggestion of Corpus Christi '90. Council Member McComb clarified that this is not a six month permit, but rather no other permits may be issued for six months. City Manager Martin agreed and stated that the permits issued after the moratorium will probably be for two years, but he emphasized that the permit can be revoked at any time. There were no further comments; City Secretary Chapa polled the Council for their vote as follows: 20. FIRST READING AMENDING CHAPTER 57 OF THE CODE OF ORDINANCES TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR OPERATING HORSE-DRAWN CARRIAGE SERVICES IN THE CITY; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY. The Ordinance was read for the first time and passed to second reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik voting "no." * * * * * * * * * * * * * Mayor Jones announced the public hearing on two zoning cases. Minutes Regular Council Meeting November 19, 1985 Page 14 21. Application No. 1085-7, Oakhurst Plaza, Inc.: For a change of zoning from "I-2"Light Industrial District to "B-4" General Business District on a parcel of land being 6.84± acres out of Lot 2, Byron Willis Subdivision, located between S. Padre Island Drive and Hermosa Drive, approximately 1,250' east of Weber Road. Assistant City Manager Utter stated that in response to the 21 notices of the hearing mailed, 1 was returned in favor outside the area of notification, and 1 was returned in opposition. He stated that the Planning Commission and Planning Staff recommend approval. Mr. Larry Wenger, Director of Planning, displayed the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. Mayor Jones called for comments from the audience. There were none. A motion was made by Mayor Pro Tem Best that the hearing be closed; seconded by Council Member Guerrero; and passed unanimously. Council Member McComb inquired if the area had been platted. Mr. Wenger stated that it had not been platted, the applicant is the prospective purchaser and plans to construct a hotel; the City will acquire the necessary right-of-way on this tract of land for the extension of Tiger Lane when the final plat is approved; and they also have a commitment from the Conoco Tower for the right-of-way needed for that extension. City Secretary Chapa polled the Council for their vote on the ordinance effecting the zoning change as follows: ORDINANCE NO. 19095 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF OAKHURST PLAZA, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 2, BYRON WILLIS SUBDIVISION 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 as follows: Jones, Best, Berlanga, McComb, Mendez, Slavik, and Strong voting "aye"; Guerrero and Pruet absent at the time the vote was taken. * * * * * * * * * * * * Mayor Jones then presented the Certificate of Commendation for Business of the Month to Mr. John Cypher of King Ranch, Incorporated. * * * * * * * * * * * * * Minutes Regular Council Meeting November 19, 1985 Page 15 22. Application No. 1085-8, John Richard Miller, D.V.M.: For a change of zoning from "B-1" Neighborhood Business District with "SP" Special Permit to "B-4" General Business District on Lot 12, Block 4, Country Club Estates, located on the east side of Everhart Road, approximately 250' south of Snowgoose Road. Mr. Utter stated that in response to the 5 notices of the public hearing mailed, 1 was returned in favor, and 1 was returned in opposition. He stated that the Planning Commission and Planning Staff recommend denial of "B-4", and in lieu thereof grant a revised special permit for a veterinary clinic and pet shop. Mr. Utter stated that the applicant wishes to expand his business and Dr. Miller is in agreement with the special permit. Mr. Larry Wenger, Director of Planning, displayed the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. There were no comments from the audience; a motion was made by Council Member Pruet to close the hearing; seconded by Council Member Mendez; and passed unanimously. City Secretary Chapa polled the Council for their vote on the ordinance as follows: ORDINANCE NO. 19096 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JOHN RICHARD MILLER, D.V.M., BY GRANTING A REVISED SPECIAL PERMIT FOR A VETERINARY CLINIC AND PET SHOP ON LOT 12, BLOCK 4, COUNTRY CLUB ESTATES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * City Manager Martin introduced the employees participating in the City's management program, Captain Don Dickson, Police Department; Ms. Alice Terrall, City Planner, Planning Department; and Mr. Mucio Garza, Engineer III, Engineering Department. * * * * * * * * * * * * * City Manager Martin reminded the Council of the Special Council Meeting to be held November 25, 1985, in order to receive proposals from recruiting firms. Discussion followed regarding the time of the meeting; a motion was made by Council Member Pruet that the meeting be held at 6:30 p.m.; seconded by Council Member Mendez; and passed unanimously. iinutes Regular Council Meeting November 19, 1985 Page 16 City Manager Martin referred to a booklet presented to the Council that provides an economic profile on Corpus Christi. Mayor Jones stated that the booklet is very informative. Council Member Strong informed the Council that an article had appeared in the Houston Post which stated that Corpus Christi is the hub of tourism in South Texas in the winter. City Manager Martin stated that the presentation made by the staff to the Texas Economic Development Commission was very successful. Mayor Jones stated that he performed the swearing-in ceremonies for the Commission and that a very impressive presentation was made by the staff. Mayor Jones commended Council Members Strong and Mendez for the presentation they had made regarding Municipal Court during the morning workshop, and he urged the Council to form subcommittees on other projects. * * * * * * * * * * * * * There were no comments under petitions from the audience. * * * * * * * * * * * * * There being no further business to come before the Council; on motion by Council Member Strong; seconded by Council Member Mendez and passed unanimously; the meeting was adjourned at 4:17 p.m., November 19, 1985. /td I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of November 19, 1985, which were approved by the City Council on November 26, 1985. pI WITNESSETH MY HAND AND SEAL, this the 1-141\ day of LI)1OEJ1 k A, Armando Chapa City Secreta City of Corpus Christi, Texas Luther Jones, MAYOR