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HomeMy WebLinkAboutMinutes City Council - 11/26/1985Present 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 26, 1985 2:00 p.m. City Manager Edward A. Martin City Attorney Bruce Aycock City Secretary Armando Chapa 4 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 Council Member David Berlanga, following which the Pledge of Allegiance to the Flag of the United States was led by Richard Lucio of Boy Scout Troop 327. 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 Minutes of the Regular Council Meeting of November 19, 1985 be approved as presented; seconded by Council Member Linda Strong; and passed unanimously. * * * * * * * * * * * * * Mayor Jones announced the presentation of certificates for completing Texas A&M's Administrative Development Program to the following employees: Name: Stanley Miller Robert Pena Victor Medina James F. Riley *Raymond Curran Judy Dreyer *Unable to attend Position: Neighborhood Improv. Supr. Cartographer Gas Superintendent Water Supply Superintendent Park Supervisor Sr. Secretary II meeting Department: Neighborhood Improvement Planning Department Gas Department Water Department Park & Recreation Park & Recreation MICROFILMED Minutes Regular Council Meeting November 26, 1985 Page 2 Presentation of certificates for completing Development Program to the following employees: Name: Mary Ann Robinson Alicia Rodriguez Ruben Martinez Karen Vankirk Alberta Wimbish Carol Flowers Olga Rodriguez Clara Bullard J.J. Martinez Mayor Jones and Texas A&M's Supervisory Position: Department: Section Supervisor Jr. Accountant Park Supervisor Librarian III Library Assistant II Transit System Supervisor Plant Suprvisor I Secretary II Ass't Fleet Management Superintendent Accounting Accounting Parks Library Library Transit Wastewater Tax Maintenance Services the Council congratulated the employees. * * * * * * * * * * * * * Mayor Jones announced the bid opening on the following project: Don Patricio Area Sanitary Sewer Improvements for the trunk main portion of the project. This 1982 Bond Project provides for the construction of a trunk line in portions of Flour Bluff Drive and Don Patricio Road along with lateral lines for all streets in the area bounded by Flour Bluff Drive, Don Patricio Road, Pecan Street and Purdue Road. Based on available funding, the Don Patricio improvements are being phased into two separate projects, construction of the trunkline and construction of laterals. The trunkline project can be completed with available funds and the laterals may be constructed later with CDBG funds, if approved, or with uncommitted 1982 bonds, if available, or through the next Capital Improvement project. Assistant City Manager James K. Lontos opened bids from the following companies: Claude Chapman Construction Co., Inc.; Corpus Christi Land Venture; Garney Companies, Inc.; Heldenfels Brothers, Inc.; Isles Engineering & Construction, Inc.; Vermillion Construction Co.; and W.T. Young Construction Co. In response to a question from Council Member Guerrero, Mr. Lontos stated that this project will be constructed in two phases; the first phase will be to place a trunk line in Flour Bluff Drive east to Don Patricio Road and down Don Patricio Road; the second phase will be submitted at a later date using CDBG funds or excess bond funds. It was noted that Mr. Henry Tucker was the owner of Corpus Christi Land Venture, the apparent low bidder on the project. Council Member Berlanga questioned the criteria that is used in selecting the bidders and questioned why a homebuilder would bid an a project of this type, and Mr. Lontos explained that the City has a bidders list which consists of contractors who typically bid on specific types of projects; the receipt of Minutes Regular Council Meeting November 26, 1985 Page 3 bids is advertised in the newspaper; and notice is also given to various organ- izations, such as AGC, Dodge Reports, etc. Further discussion followed regarding bidders, and Mr. Lontos explained that the Engineering Department performs an evaluation and investigation before a bid is awarded; the equipment the bidder has available is reviewed; and the level of expertise for a certain type of project is also reviewed. Mr. Lontos stated that the City does not prequalify bidders, and the Mayor noted that prequalification of bidders usually rules out minority bidders. Mr. Lontos stated that the Council makes the final decision on all contract awards. Mayor Jones stated that the bids would be tabled for 48 hours pursuant to the requirements of the City Charter. * * * * * * * * * * * * * City Manager Martin introduced the employees participating in the Management Development Program, Ms. Gloria Garcia, Media Librarian, Library; Ms. Dorothea Montoya, Investments Manager, Finance Department; and Mr. David Lewis, Electrical Inspector, Building Division. * * * * * * * * * * * * * Mayor Jones called for consideration of Consent Motions 1 through 11: 1. Approval of specifications and authorization to receive bids December 11, 1985, for a ten and one-half 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 50,000 ft. of 1" steel line pipe for the Gas Division. Estimated expenditure is $41,000. 2. Approval of specifications and authorization to receive bids December 18, 1985, for thirty-five large trucks, 10,000 GVWR and greater, for the various City departments. Estimated total expenditure is $833,892. 3. Approving the purchase of eighteen siren/light bars for Police vehicles from Emergency Products, Inc., based on low bid meeting specifications, for the total expenditure of $16,465.68. 4. Approving plans and specifications and authorizing the receipt of bids on January 7, 1986, for the Flour Bluff South End Laterals, Phase III. This project provides for the installation of gravity sanitary sewers in the following subdivisions south of the Tropic Isles Channel: Laguna Vista Shores, Bayside Acres 1 & 2, Holiday Harbor, Kingswood, and Bluewater. In addition, after bids have been received and subject to available funds, the Yorktown Heights Subdivision may also be included in this project. Minutes Regular Council Meeting November 26, 1985 Page 4 5. Authorizing acquisition of a parcel of land (1130) located between Countiss and McCain Drives for the Turkey Creek Drainage Improvements project. 6. Authorizing the receipt of bids on December 17, 1985, for an oil and gas lease for 28.8439 acres of City -owned minerals underlying the Carroll Lane and Richter drainage ditches. The lease does not include the right to use surface land. 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 Dillon 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. 8. Approving the study of the Corpus Christi Municipal Court and authorizing the City Manager to implement the recommendations included in the report. 9. Public hearing be held on December 11, 1985, by the Director of Planning in the Committee Room, City Hall, 8:30 a.m., and that a second public hearing be held on December 17, 1985, by City Council at 2:00 p.m. in the Council Chamber on the contractual annexation of 6.4 acres out of a portion of Lots 4-8, Section 26, and a portion of Lots 25-30, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, and a portion of Lot 12, Block 3, Green- fields By The Bay Unit 2. 10. Public hearing be held on December 11, 1985, by the Director of Planning in the Committee Room, City Hall, 8:30 a.m., and that a second public hearing be held on December 17, 1985, by City Council at 2:00 p.m. in the Council Chamber on the contractual annexation of approximately 25 acres out of the Mariano De Herrera Grant, Abstract 604, Nueces County, Texas, owned by Wood River Associates. 11. Approving the recommendation of the Civil Service Board that the firm of Morris & McDaniels, Inc., provide consultant services for a Police Lieutenant promotional examination including an assessment center and that the City Manager be authorized to execute a professional services agreement with this firm to provide this service, with the option to extend the contract to cover development of up to four additional promotional examinations for Police and Fire positions, if necessary. The Civil Service Commission regulations adopted in August, 1984, required that assessment center administration and test analysis assistance be obtained from a qualified psychologist with proven experience in this field. Mayor Jones called for comments from the audience on the Consent Motions. There were none. A motion was made by Council Member Guerrero that consent motions 1 through 11 be approved; seconded by Council Member Berlanga; and passed unanimously. Minutes Regular Council Meeting November 26, 1985 Page 5 * * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances, items 12 through 21. Mayor Jones stated that during the workshop meeting, ordinance 13, regarding hearing dates of the Civil Service Board, had been withdrawn and referred to the Civil Service Board for a recommendation. Council Member Slavik stated that she would vote against the second reading of ordinance 20, horse-drawn carriages, because she feels it will cause traffic and other problems. Council Member Strong stated that she will vote on Ordinance 17, a lease agreement with the Art Museum of South Texas, because although she is a member of the Board of Trustees of the Corpus Christi Art Foundation, she is a non-voting member and has no pecuniary interest in this lease. There were no comments from the audience on the Consent Ordinances; City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 19097 AMENDING CHAPTER 17, FINANCE AND TAXATION, ARTICLE 1, IN GENERAL,, BY ADDING SECTION 17-4.2 TO PROVIDE FOR SALE OF SURPLUS PROPERTY TO OTHER GOVERNMENTAL ENTITIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; 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." 13. Withdrawn 14. ORDINANCE NO. 19098 APPROPRIATING $49,795.90 TO SUPPLEMENT $207,136.96 REMAINING FROM EXISTING CONTINGENCY APPROPRIATIONS TO VARIOUS PROJECTS AS SHOWN ON EXHIBIT "A" TO REIMBURSE THE GENERAL FUND FOR ENGINEERING SERVICES; 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." 15. ORDINANCE NO. 19099 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO A PARCEL OF LAND FOR THE ELLIOTT SANITARY LANDFILL EXPANSION AND TO ACQUIRE SAID PARCEL FROM THE OWNERS, DELLA R. ELZNER, ET AL; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting November 26, 1985 Page 6 The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 16. FIRST READING AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI ACCEPT AND APPROVE AN ASSIGNMENT AGREEMENT BETWEEN FIRST CITY BANK OF CORPUS CHRISTI (FORMERLY CORPUS CHRISTI BANK & TRUST COMPANY), TRUSTEE, AND VAN DUSEN AIRPORT SERVICES, INC., COVERING FUEL STORAGE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, WHICH AREA IS MORE FULLY DESCRIBED HEREINAFTER, A COPY OF SAID ASSIGNMENT AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF. The Ordinance was read for the first time and passed to second reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 17. FIRST READING AUTHORIZING THE EXECUTION OF A FIVE-YEAR LEASE WITH THE CORPUS CHRISTI ART FOUNDATION CONCERNING THE ART MUSEUM OF SOUTH TEXAS BUILDING. The Ordinance was read for the first time and passed to second reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 18. FIRST READING APPROVING THE ASSIGNMENT BY THE JUNIOR LEAGUE OF CORPUS CHRISTI, INC. TO THE CREATIVE ARTS CENTER, INC., OF THE LEASE AGREEMENT PERTAINING TO THE LICHTENSTEIN HOUSE, AND APPROVING AN AMENDMENT TO THE LEASE AGREEMENT CONCERNING UTILITY SERVICES. The Ordinance was read for the first time and passed to second reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 19. FIRST READING AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE CAMP FIRE COUNCIL OF CORPUS CHRISTI AREA, INC., PERTAINING TO THE GUGENHEIM HOUSE. The Ordinance was read for the first time and passed to second reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 20. SECOND 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. Minutes Regular Council Meeting November 26, 1985 Page 7 The Ordinance was read for the second time and passed to third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik voting "no." 21. THIRD READING - ORDINANCE NO. 19100 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 third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." * * * * * * * * * * * * * Mayor Jones called for consideration of the Regular Motions, items 22 through 27: 22. Approving a request for proposals for solid waste resource recovery. 23. Authorizing the City Attorney to petition the Texas Railroad Commission to institute a rulemaking hearing to amend its gas market demand rule to modify procedures for nomination and takes of casinghead and statewide rule 49(B) gas. This amendment could reduce the weighted average cost of gas to the City's principal gas supplier by up to 65c per million cubic feet, resulting in an estimated savings to the City of Corpus Christi of approximately $1.3 million per year. *24. Considering the extension of Mustang Trail and setting a Public Hearing for December 17, 1985. *Withdrawn 25. Motion to amend prior to third reading the ordinance approving modifica- tions to the Manual of Driveway Design and Construction Standards, incorporating recommendations from the Coastal Bend Developer's Association. 26. Authorizing the City Manager to execute the "Agreement of the Corpus Christi Regional Transit Authority and the City of Corpus Christi, Texas" providing for transfer of the transit system effective January 1, 1986, and such letter agreements with the Transit Authority providing for the services described in the Agreement through July 31, 1986. 27. Authorizing the City Manager or his designee to enter into an agreement with James Benefits to provide the City with consulting and brokerage services in the City's pursuit of a flexible compensation package. The proposal is to include a disability study. The fees for the study (approximately $28,000) will be waived if the City implements a program using James Benefits as a broker. Minutes Regular Council Meeting November 26, 1985 Page 8 City Manager Martin explained that item 22 is a request for proposals from firms interested in using the City's refuse in some type of resource recovery. He stated that the proposals will be received on January 27, 1986. Mayor Jones stated that item 24 had been withdrawn. City Manager Martin explained that item 23 recommends that the City co -petition the Texas Railroad Commission to amend the Commission's gas market demand rule to ease the requirement for pipeline companies to take priority gas, particularly casinghead gas which is priced considerably higher than other available gas. He explained that this means that in times of heavy production, it is possible that certain suppliers are depending on casinghead gas and that is what they are selling to the customers. He stated that it is in the City's interest that the market demand rule be adjusted, so that the City can acquire some of the less expensive gas. Mr. Martin stated that this could possibly mean a savings of $1.3 million per year and as much as a 10% price reduction to the customers. Mayor Jones noted that the Council had received a letter from Hipp -Holland regarding amendments to the Driveway Design Ordinance, and stated that item 25 is a motion to amend prior to third reading of this ordinance. He inquired if the amendment incorporates the concerns of the builders, as outlined in the letter. City Manager Martin explained that the staff meet with various builders and organizations; several concerns of those people are addressed in the motion to amend; and the letter from Hipp -Holland refers to unresolved issues. Mr. Tom Stewart, Director of Transportation, explained that one of the items of concern was the Grandfather Clause, which would allow a shopping center to maintain a driveway after the street was improved. He stated that the staff will want driveways taken out if it is not useful and is serving no purpose. He stated that the developers were concerned that the City would not take into consideration whether the driveway would be used or not. Mr. Stewart stated that there is an appeal procedure whereby the appellant would go to staff first and then if the matter remains unresolved, it would then go to the City Council. He stated that the developers would like an appeal to be before the City Council within 30 days from the day the written request for an appeal is received, but the staff is recommending a 45 day time limit. Council Member Mendez referred to driveway frequency, and Mr. Stewart stated that the staff reduced the frontage to 95 feet for the purpose of two driveways to serve a fast-food restaurant; the staff wants to be flexible in this matter; and he pointed out that the staff does not want to hurt businesses. Mr. Chuck Urban, 2725 Swantner, representing the developers, outlined his concerns; one, the Director of Transportation might choose to reduce the number of driveways to an existing center that might negatively impact that Center's business; two, the minimum distance between driveways provides all the Minutes Regular Council Meeting November 26, 1985 Page 9 criteria for driveway frequency, and the paragraph on driveway frequency is unnecessary and restrictive and each project should be judged on its own merits as to driveway requirements; and three, he recommends that an appeal should be brought before the Council within a period not to exceed 30 days from the day the written request for an appeal is received. Mayor Jones stated that he agrees with the staff's recommendation and that this ordinance will provide protection for the developers. Mr. Urban stated that the staff has done an excellent job in putting this ordinance together. Mayor Jones referred to item 26, the Agreement of the Corpus Christi Regional Transit Authority and the City of Corpus Christi, Texas, and stated that this is a major change for the City and the citizens should be proud that the election authorizing the creation of the authority passed. Council Member Guerrero referred to item 27, an agreement with James Benefits to provide consulting and brokerage services in the City's pursuit of a flexible compensation package. City Manager Martin stated that the City desires to implement a flexible benefit program that meets the IRS code, including a disability program; James Benefits will completely review the present benefit program, and if feasible, assist in establishing a flexible benefit program for City employees; the fee for this service will be $28,000; if the City decides to choose James Benefits to broker the insurance, any brokerage fees or commission received related to the employee benefits package will be offset (dollar for dollar) against the cost of the study. Council Member Slavik inquired if the benefit program will cost the City additional money, and Mr. Martin stated that it would not. There were no comments from the audience on the Regular Motions; a motion was made by Council Member Guerrero that motions 22 through 27, exclusive of item 24 which had been withdrawn, be approved; seconded by Council Member Mendez; and passed unanimously. * * * * * * * * * * * * * * Mayor Jones called for consideration of the Regular Ordinances, items 28 through 34. Council Member Berlanga stated that he would abstain from discussion and voting on item 28, as he is a recipient of TMRS benefits. City Manager Martin explained that item 28 is a very significant item to the City employees. He then explained the manner in which service credits are updated and the effect this will have on employees' pensions. Minutes Regular Council Meeting November 26, 1985 Page 10 Mr. Martin stated that every year and considered as Mayor Jones asked how retirement system per year, million, and the employees' in the future, service credits should be updated a regular part of the yearly budget. much the City contributes and Mr. Martin stated that share is approximately $2.5 for its share into the it was approximately $4 million. In response to a question from Mayor Jones, Mr. Martin stated that the City's retirement system is a strong one; it is a negative factor in drawing employees to the City because the employee must pay a portion of the cost; but it is a positive factor for employees who want to make a career with the City. Council Member Mendez stated that this was last updated in 1981, and asked when the update was prior to 1981. City Manager Martin stated that it was probably sometime in the 70's, and pointed out that it is necessary to keep this current so as to not create artificial reasons for retiring or not retiring. Mr. Martin emphasized the need to make updating of service credits a regular budget item. There were no comments from the audience on ordinance 28; City Secretary Chapa polled the Council for their votes as follows: 28. ORDINANCE NO. 19101 AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga abstaining. Mr. Larry Wenger, Director of Planning, briefly reviewed Ordinance 29, a zoning change upon application of Mr. Eddie Savoy, dba Savoy Homes. There were no comments from the audience on ordinance 29; City Secretary Chapa polled the Council for their votes as follows: 29. ORDINANCE NO. 19102 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF H.E. SAVOY dba SAVOY HOMES, BY GRANTING A SPECIAL COUNCIL PERMIT FOR A SINGLE-FAMILY USE ON LOT 29, BLOCK 4, FLOUR BLUFF HEIGHTS; AND DECLARING AN EMERGENCY. 4inutes Regular Council Meeting November 26, 1985 Page 11 The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Berlanga and Slavik voting "no." In regard to Ordinance 30, denial of a rate increase to Central Power and Light Company, Council Member Berlanga stated that the rate increase is being requested to offset the costs of the South Texas Nuclear Project, and stated that the Council needs to take action prior to December 12, 1985. City Manager Martin stated that this is a procedural action; the ordinance the Council will be voting on provides that if the PUC sets the rate lower, it will also apply to the City; and the South Texas Nuclear Project is interwoven into this rate case. There were no comments from the audience on ordinance 30; City Secretary Chapa polled the Council for their votes as follows: 30. ORDINANCE NO. 19103 DENYING CENTRAL POWER AND LIGHT COMPANY'S REQUEST FOR RATE INCREASE IN THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR SEVERABILITY; 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." City Manager Martin stated that ordinances 31, 32 and 33 are related to the transfer of the transit system to the Transit Authority. He explained that the Authority will continue to use the present transit yard site on Sam Rankin, paying the City $1 per year for the lease; the Authority does hope to move the yard operations to the City Service Center, but the Charter amendment approved in 1984 does not allow the City to provide a long-term lease for this property without a voter referendum, therefore the agreement provides for a five year lease of this property; and if at the end of this term, if a Charter amendment or voter referendum has not occurred to allow a long-term lease, the City agrees to sell a portion of the Service Center property to the Authority. Council Member Slavik stated that this action would save the City money and inquired how much. Mr. Martin stated that it would save the City budget about $1 million and will bring in approximately $200,000 in street improvements. Mr. Martin also stated that costs to citizens will however increase in the form of increased sales tax to the authority. There were no comments from the audience on Ordinances 31 through 34; City Secretary Chapa polled the Council for their votes as follows: 31. ORDINANCE NO. 19104 AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH THE CORPUS CHRISTI REGIONAL TRANSIT AUTHORITY COVERING THE EXISTING TRANSIT FACILITIES; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting November 26, 1985 Page 12 The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 32. FIRST READING AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH THE CORPUS CHRISTI REGIONAL TRANSIT AUTHORITY COVERING THE EXISTING TRANSIT FACILITY FOR A THREE-YEAR TERM. The ordinance was read for the first time and passed to second reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 33. FIRST READING AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH THE CORPUS CHRISTI REGIONAL TRANSIT AUTHORITY COVERING THE PROPOSED SITE FOR A NEW TRANSIT FACILITY AT THE CITY SERVICE CENTER. The ordinance was read for the first time and passed to second reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 34. THIRD READING - ORDINANCE NO. 19105 AMENDING CHAPTER 49 OF THE CORPUS CHRISTI CITY CODE, ARTICLE II, STREET, SIDE- WALK, CURB AND GUTTER AND DRIVEWAY CONSTRUCTION; REPEALING DIVISION 3, CONSISTING OF SECTIONS 49-40, 49-41, 49-42, 49-43, 49-44 BY PROVIDING A NEW DIVISION 3 ENTITLED "DRIVEWAY DESIGN AND CONSTRUCTION STANDARDS"; PROVIDING FOR ADOPTION OF A MANUAL OF DRIVEWAY DESIGN AND CONSTRUCTION STANDARDS; PROVIDING FOR DEFINITION OF TERMS; PROVIDING FOR APPLICATION REQUIREMENTS FOR A DRIVEWAY PERMIT; PROVIDING FOR A DRIVEWAY PERMIT TO CONSTRUCT A DRIVEWAY; PROVIDING FOR A DRIVEWAY PERMIT FEE; PROVIDING FOR A DRIVEWAY INSPECTION; PROVIDING FOR AUTHORITY OF THE DIRECTOR OF TRANSPORTATION TO REVIEW DRIVEWAY APPROACHES; PROVIDING FOR DRIVEWAY DESIGN STANDARDS; PROVIDING FOR DRIVEWAY DESIGN STANDARDS FOR SITE DEVELOPMENTS WITH FUEL PUMP FACILITIES; PROVIDING FOR SHARED ACCESS DRIVEWAYS; PROVIDING FOR RESTRICTIONS OF DRIVEWAYS ALONG RIGHT TURN LANES; PROVIDING FOR RESTRICTIONS OF DRIVEWAY LOCATIONS NEAR EXPRESSWAY RAMPS; PRO- VIDING FOR CONSTRUCTION STANDARDS; PROVIDING FOR APPEAL PROCEDURE; PROVIDING FOR PENALTY FOR VIOLATIONS; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE UPON PUBLICATION. The ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." Mayor Jones announced the public hearing on two zoning cases: Minutes Regular Council Meeting November 26, 1985 Page 13 35. Application No. 1185-2, Messrs. Roy Smith and W.M. Bevly: For a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot D, Mt. Vernon Subdivision Unit 3, located at the end of Mt. Vernon Drive, approximately 175' east of Holmes Drive. Assistant City Manager Tom Utter stated that in response to the 4 notices mailed, 1 was returned in favor, and none were 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, showed slides of the area, and described the land use in the surrounding vicinity. There were no comments from the audience. A motion was made by Mayor Pro Tem Best that the hearing be closed; seconded by Council Member McComb; and passed unanimously. Council Member McComb inquired if this particular piece of property was in any way involved with the extension of Mustang Trail, and Mr. Wenger stated that it was not. City Secretary Chapa polled the Council for their vote and the following passed: ORDINANCE NO. 19106 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MESSRS. ROY SMITH AND W. M. BEVLY BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS D, MT. VERNON SUBDIVISION UNIT 3 FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga and Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * 36. Application No. 1185-3, Mr. David Berlanga, Sr.: For a change of zoning from "R -1B" One -family Dwelling District to "R-2" Multiple dwelling District on Lots 10 and 11, Block 7, San Diego Unit 1, located on the south side of Tarlton Street, approximately 62' east of Sarita Street. Council Member Berlanga stated that he had signed a disclosure in regard to this zoning case and it is on file in the City Secretary's Office. Mr. Berlanga stated that he would abstain from discussion and voting on this case. Assistant City Manager Tom Utter stated that in response to the 32 notices mailed, 1 was returned in favor, and 1 was returned in opposition. He stated that the Planning Commission and Planning Staff recommend approval. Minutes Regular Council Meeting November 26, 1985 Page 14 Mr. Larry Wenger, Director of Planning, displayed the area on the zoning and land use map, showed slides of the area, and described the land use in the surrounding vicinity. There were no comments from the audience. A motion was made by Mayor Pro Tem Best that the hearing be closed; seconded by Council Member Pruet; and passed unanimously. Council Member McComb inquired as to why the staff was recommending "R-2" and not a special permit, and Mr. Wenger stated that there is considerable business zoning in the immediate vicinity. Mr. Utter stated that the three units will have to be connected and the fourth unit can only be used for storage. City Secretary Chapa polled the Council for their vote and the following passed: ORDINANCE NO. 19107 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MR. DAVID BERLANGA, SR., BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 10 AND 11, BLOCK 7, SAN DIEGO UNIT 1 FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga abstaining. * * * * * * * * * * * * * City Manager Martin stated that the underwriters on the last bond sale wanted to have a "closing dinner" with the City Council on December 17, 1985. After discussion of the appropriateness of this item, the Mayor asked Mr. Martin to decline on behalf of the Council. Mayor Jones stated that Corpus Christi Petrochemical Company would like the Council to tour their facilities on December 17 during the noon hour. After further discussion it was decided to schedule this tour in January, 1986. City Manager Martin stated that it was possible that the Council would be conducting a joint meeting with the Planning Commission on December 16, 1985 at 7:00 p.m. regarding the Capital Improvement Program. Council Member Mendez referred to paving petitions that were being circu- lated and stated that he would like those petitions to be included in Minutes Regular Council Meeting November 26, 1985 Page 15 the Capital Improvement Program. He stated that he thought the deadline for this was December 30, 1985. Mayor Jones asked City Secretary Chapa to review the minutes of previous Council meetings to ascertain whether the Council had made a motion to set a specific deadline for the acceptance of voluntary paving petitions. * * * * * * * * * * * * * Mayor Jones called for petitions from the audience. Mr. Lon Hill, 206 Lorraine, stated that he was speaking on behalf of the Corpus Christi Navy League. He stated that 1986 will be the diamond jubilee celebration of naval aviation; he has submitted ideas to the Military Affairs Committee of the Chamber of Commerce; and to date, he has not received any response from the Chamber regarding these ideas. Mayor Jones stated that he would convey Mr. Hill's comments to the appropriate people. Dr. Jim Gabbard, 239 Ohio, stated that he was speaking on behalf of Metro -Ministries. He stated that Metro -Ministries provides free employment counseling; after two years of operation, they have had an increase of 64% because of Homeport; Metro -Ministries would like to provide a day center facility which would be adjacent to the employment facility; and he stated that the center would include a referral and information center. Dr. Gabbard asked that the City provide $25,000 for a one-year lease on a building and provide utilities. He asked that the City consider this as an agenda item. Mayor Jones stated that Metro -Ministries is a very inspiring organization. A motion was made by Council Member Guerrero that this be listed as an agenda item in January, 1986; seconded by Council Member Berlanga. Council Member McComb inquired if discussion of this would include coordination efforts and if the $25,000 would be an on-going item. He stated that he has a problem with this in that churches should provide funding of this type, not the taxpayers. Mayor Jones stated that those items could be addressed when it is on the agenda. Dr. Gabbard clarified that the $25,000 would not be an on-going item. Mayor Jones asked Dr. Gabbard to provide the staff with information regarding his request in order to prepare the related agenda item. The motion passed unanimously. Minutes Regular Council Meeting November 26, 1985 Page 16 There were no further comments from the audience. * * * * * * * * * * * * * A motion was made by Mayor Pro Tem Best that the Council convene in closed session to discuss personnel; seconded by Council Member Guerrero; and passed unanimously. The Council then convened in closed session under Article 6252-17, Open Meetings Law, at 4:06 p.m. * * * * * * * * * * * * * Mayor Jones reconvened the Regular Meeting and announced that Ernest Briones, Deputy City Manager, would be Acting City Manager after Mr. Martin leaves, and until a permanent City Manager is named. He stated that formal action would be taken next week, when this item will be placed on the Regular agenda. There being no further business to come before the Council, on motion by Council Member Guerrero, seconded by Council Member Mendez and passed unani- mously, the Regular Council Meeting was adjourned at 4:55 p.m., November 26, 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 26, 1985, which were approved by the City Council on December 3, 1985. WITNESSETH MY HAND AND SEAL, this the 11 1 day of hcOlrvllktA-1 , 1985. Armando Chapa City Secretar City of Corpus Christi, Texas