HomeMy WebLinkAboutMinutes City Council - 03/25/1986PRESENT:
Mayor Luther Jones
Mayor Pro Tem Dr. Jack Best
Council Members:
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
MARCH 25, 1986
2:00 P.M.
Acting City Manager Ernest Briones
City Attorney Hal George
Asst. City Secretary Dorothy Zahn
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Council Member McComb, following which the
Pledge of Allegiance to the Flag of the United States was led by Council Member
Berlanga.
Assistant City Secretary Dorothy Zahn 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 Pruet that the minutes of the Regular
and Special Meetings of March 18, 1986, be approved as presented; seconded by
Council Member Berlanga; and passed unanimously.
* * * * * * * * * * * * *
Mayor Jones announced a presentation regarding Cabs On Patrol.
Chief Bill Banner explained that on January 25, 1986, Mr. Mark Boren, SPID
Cab Co., was instrumental in the arrest of four individuals regarding the theft
of items from a Circle K Store.
Mr. Jace Hoffman, President, First City Bank, presented Mr. Boren with a
check.
MICROFILMED
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Regular Council Meeting
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Chief Banner stated that Mr. Boren did much more than what was expected of
him in the apprehension of the thieves, and Mr. Boren stated that he would
always be willing to help in similar situations that might arise.
* * * * * * * * * * * * *
Three individuals from the Park & Recreation Department invited the Council
to the kick-off of the 4th Annual Corpus Christi Beach Party on April 1, 1986.
It was noted that this year's party is a sanctioned Sesquicentennial event.
* * * * * * * * * * * * *
Mr. Randy Grimes, Area Manager, Athena Cablevision, appeared before the
Council to explain concerns of the City Council in regard to the practices of
Athena, particularly the reason why Athena does not answer the telephone. Mr.
Grimes gave detailed information regarding the telephone system installed by
AT&T, and stated that the majority of the problems were due to the new telephone
system and the fact that the wrong equipment was delivered.
Mayor Jones inquired as to the number of subscribers to cablevision, and
Mr. Grimes stated there are 48,000 subscribers with revenues to the City in the
first quarter of 1986 in the amount of $103,000.
Mayor Jones stated that the Council Meetings should be televised, and Mr.
Grimes stated that it takes funding to televise such meetings.
Council Member Mendez inquired if the northwest area of the City is now
served, and Mr. Grimes replied in the affirmative.
Council Member Slavik inquired as to the target date for service to the
entire City, and Mr. Grimes stated it should be by mid -summer.
Council Member Strong emphasized the inadequate service provided to
customers by Athena Cablevision.
* * * * * * * * * * * * *
Mayor Jones announced the bid opening on the following two projects:
1. Reconstruction of McArdle Road from Crescent Drive to Nile Drive:
This is a 1982 Street Bond project, and improvements proposed for this
section of McArdle include the construction of a 48 -foot wide pavement
section with curb and gutter, sidewalks, concrete driveways, and an
underground storm sewer system.
Assistant City Manager James K. Lontos opened and read bids from the
following companies: Claude Chapman Construction Co., Corpus Christi Land
Venture, Haas Paving Company, Heldenfels Brothers, King Construction Company,
and Oceanside Asphalt, Inc.
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Regular Council Meeting
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2. Hialco Center Improvements: This is a 10th Year Community Development
Block Grant project, and the proposed improvements include the
furnishing and installation of an elevator to provide handicap
accessibility to the second floor of the building and minor lighting
and restroom repairs.
Mr. Lontos opened and read bids from the following companies: Bracco
Construction Company and E.S. Netek Construction Company.
Mayor Jones stated that the bids would be tabled for 48 hours for
tabulation and recommendation, pursuant to the requirements of the City Charter.
Council Member McComb inquired as to the starting date for the McArdle
Project and Mr. Lontos stated that it would be approximately 4 to 6 weeks.
Council Member Berlanga inquired if the time is noted when the bid is
received, and Assistant City Secretary Zahn explained that the time is noted on
the bid when it is received in the Office of the City Secretary.
* * * * * * * * * * * * *
Mayor Jones called for Action of the Council from the Workshop Session.
A motion was made by Council Member McComb; seconded by Mayor Pro Tem Best
that the following item be approved:
Appointment of Council Member Frank Mendez to the Homeport Steering
Committee.
The motion passed unanimously.
Mayor Jones then read the resolution honoring the memory of Dr. Fred
Cervantes and expressing appreciation for his contributions and service to the
City of Corpus Christi and its citizens.
* * * * * * * * * * * * *
Mr. Lontos then provided the Council with a carpet sample of what is
planned to be installed in the Auditorium (see item 18).
Discussion followed regarding the composition of the carpeting, and it was
decided that the Council should concur with the color selection when it is made.
Council Member Slavik inquired as to the square footage of carpeting, since
some of the area will be tiled and not carpeted, and Mr. Edgar Farrera, City
Architect, stated that approximately 130,000 square feet of carpeting will be
installed.
* * * * * * * * * * * * *
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Regular Council Meeting
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Mayor Jones then presented Honorary Citizenships and keys to the City to
Captain C.J.S. Craig of the British ship HMS Avenger, Captain D. Lawrence of the
British Ship, Plumleaf, and Mr. Neville Holland, Deputy Consul -General, British
Consulate.
Captain Craig informed the Council and the audience that the ships would be
in port for 9 to 10 days; it is a privilege to come to Texas; and the Royal Navy
and Corpus Christi have had warm contacts throughout the years.
Captain Craig then presented Mayor Jones with a photograph of the Avenger,
and the crests of the Avenger and Plumleaf.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the consent motions, items 1 thru
21.
1. Approving specifications and authorizing bids be received for computer
ribbons and magnetic tapes for Data Processing Department. The term of
this agreement will be twelve months 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. The
estimated cost is $14,071, and funds were approved in the 1985-86 Budget.
2. Approving specifications and authorizing bids be received for IBM
typewriter maintenance. The term of this agreement will be twelve months
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. The estimated cost is $14,000 and funds were
approved in the 1985-86 Budget.
3. Approving specifications and authorizing bids be received for 15,400 lbs.
of fairway fertilizer with weed control to be used at the City Municipal
Golf Courses. The estimated cost is $16,600, and funds were approved in
the 1985-86 Budget.
4. Approval of specifications and authorization to receive bids for one skid
steer loader to be used by the Park Maintenance Division. The estimated
cost is $16,000, and funds were approved in the 1985-86 Budget.
5. Approval of specifications and authorization to receive bids for a
miniature television camera system to be used by Wastewater Service for
inspection of sewer lines. The estimated cost is $16,000, and funds were
approved in the 1985-86 Budget.
6. Approval of specifications and authorization to receive bids for two
traffic signal controllers for the Traffic Engineering Division for use at
S.H. 358/Ayers and Santa Fe/Texan Trail intersections. The estimated cost
is $16,200, and funds were approved in the 1985-86 Budget.
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7. Approval of specifications and authorization to receive bids for six 4"
sewage pumps to be used to replace existing pumps in wet wells on Corpus
Christi Beach and the L -Head. The estimated cost is $14,000, and funds
were approved in the 1985-86 Budget.
8. Approval of specifications and authorization to receive bids for two 1250
GPM, Class A, Triple Combination Pumper fire trucks, one each for
Weber/Saratoga station and Padre Island station. The estimated cost per
unit is $120,000 for a total of $240,000 for both trucks. Funds will be
available in the Fire Department Building Bond Fund.
9. Approving a supply agreement for work uniforms for labor and trades
personnel with Texas Industrial Services based on low bid. The estimated
cost is $52,425.40, and funds were approved in the 1985-86 Budget. The
term of this agreement will be for twelve months 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. Six
bid invitations were issued and three bids received. Prices have increased
17% over the last contract in August, 1984.
10. Approving a supply agreement for steel line pipe size 10" and 12" based on
best bid from Superior Supply Co. The term of this agreement will be eight
months 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. The pipe will be used by the Gas Department.
Twenty-four bid invitations were issued, four bids were received. Prices
have increased approximately 10% from last contract of February, 1985. The
estimated cost is $126,600, and funds were approved in the 1985-86 Budget.
11. Approving a supply agreement for miscellaneous janitorial supplies to the
following companies, based on low bid and best bid for an estimated annual
expenditure of $117,957.03. The terms of this agreement will be twelve
months with an 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. These items will be used by all divisions.
Twenty-two bid invitations were issued, ten bids were received. Prices
have decreased approximately 1% from last contract of June, 1984. These
items will be charged to appropriate departmental operating budgets.
A. Gulf Coast Papers
Paper Supplies (low bid)
Oil Dry & Sweeping Compounds (low bid)
Plastic Garbage Cans & Buckets (low bid)
Brooms & Mops (low & best bid)
Total: $42,523.73
B. Bancroft Papers
Paper Supplies (low bid)
Total: $19,635.00
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Regular Council Meeting
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C. M & M Sales
Garbage Can Liners (low bid)
Brooms & Mops (low bid)
Total: $19,832.06
E.
Jim Walters
Disinfectants & Hand Soap (low bid)
Total: $6,197.40
D. Century Papers
Cleaners (best bid)
Metal Garbage Cans & Buckets (low bid)
Scrubbing & Stripping Pads (best bid)
Misc. Janitorial Supplies (low bid)
Total: $29,768.84
GRAND TOTAL: $117,957.03
12. Approving the purchase of one modular ambulance from Excellance, Inc.,
based on only bid, for the amount of $53,482. This unit is to be used by
AID Ambulance at the Padre Island Public Safety Building. This item will
be funded from the 1982 Fire Department Building Bond Fund. Three bid
invitations were issued and one bid was received.
13. Authorizing acquisition of a parcel of land (#20) located between Dwyer and
McCain Drives at a cost of $5,900 for the Turkey Creek Drainage Improve-
ments Project.
14. Authorizing acquisition of a parcel (113) located on S. Staples Street at
Saratoga Boulevard at a cost of $8,700 for the Saratoga Boulevard Improve-
ments project.
15. Awarding a contract in the amount of $23,341 to the Zeller Company for
flooring improvements to the Lindale and West Guth Community Centers. A
two-ply plywood deck and a non -slip vinyl surface are proposed to be
installed over portions of the existing floors to provide a more resilient
and adaptable floor surface for exercise programs such as aerobics. Funds
for this work are available in the 1985-86 Revenue Sharing Fund.
16. Approving a Right -of -Way Relocation Agreement with the State Department of
Highways and Public Transportation pertaining to 1H-37 improvements in the
Calallen Area, and authorizing the City Manager to execute a Special
Warranty Deed which conveys a 1.174 acre tract of land from City -owned
property at the 0. N. Stevens Water Treatment Plant and two portions of
Sharpsburg Road right-of-way to the Missouri -Pacific Railroad Company for
track relocation purposes in connection with this highway construction.
The agreement obligates the State Highway Department to furnish alternate
rights-of-way for the relocation of Sharpsburg Road as a result of the
closure and conveyance of the two portions of right-of-way to the railroad
company.
17. Accepting the School Pedestrian Bridge project and authorizing remaining
funds of $3,703.14 to E.J. Netek Construction Company. This project
provided for the construction of 8 -foot wide pedestrian bridge crossings
over drainage channels at the West Oso High School and Tuloso-Midway/Rand
Morgan High School. The total cost of this work is $37,031.40.
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Regular Council Meeting
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18. Approving specifications and authorizing the receipt of bids on April
22, 1986, for carpet replacement in the public areas of the
Auditorium. The recommended replacement carpet is a heavy traffic,
low pile, fire resistant carpet, and a non—slip quarry tile is
proposed to be installed in lieu of carpet in the entrance lobby on
the first floor and the concession area on the third floor.
19. The public hearing on paving assessments for the Saratoga Boulevard
reconstruction project not be reopened relative to the Country Club
Townhomes (Item 1134) and the assessment of $0.00 against this property be
fixed as indicated on the assessment roll which was adopted on February 4,
1986. The City Council previously determined that a special hearing should
be held on the assessments for this property, but due to the uniqueness of
the property and anticipated appraisal testimony, the staff recommends that
a special hearing not be held.
20. Approving plans and specifications for the Airport Terminal Building and
Concourse Expansion and Parking Lot Ditch Improvements at the Corpus
Christi International Airport, and authorizing the receipt of bids on April
29, 1986.
21. Approving the hiring of an Industrial Psychologist for the evaluation of
City Manager applicant finalists.
In relation to item 21, Mayor Jones stated that he has talked to Dr. Dee
Koch, who might also be interested in submitting a proposal for the evaluation
of City Manager applicants.
A motion was made by Council Member Slavik that Council Members Pruet and
Strong be appointed to review the proposals submitted by psychologists for the
evaluation of City Manager applicant finalists. The motion was seconded by
Council Member Mendez and passed unanimously.
In reference to item 11, purchase of miscellaneous janitorial supplies,
Council Member Strong stated that it was commendable upon the staff in that
award is going to best bid on some items rather than low bid, and she is pleased
to see this.
Mayor Jones called for comments from the audience; there were none.
A motion was made by Council Member Guerrero that consent motions 1 through
20, and 21 as amended, be approved; seconded by Council Member Mendez; and
passed unanimously.
* * * * * * * * * * * * *
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Regular Council Meeting
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Mayor Jones called for comments on the consent ordinances, items 22 through
33, and Resolution 33a, regarding Dr. Fred Cervantes.
Mr. Bob White, General Manager, Channel 3, spoke regarding items 28 and 29,
assessment hearing for the public alley abutting Lot 2-B and Lot 3, Block 3,
Gray Village Subdivision.
Mr. White stated that on September 12, Channel 3 received a letter from Mr.
Gerald Smith that stated the residents abutting the alley had complaints
regarding dust; a public hearing was conducted to close the alley; Omaha and
Channel 3 objected to the closing; the Council ruled the alley to be paved; and
on February 13 he talked to Mr. Smith and on February 19, he talked to Council
Member Guerrero.
Mr. White stated that he has serious concerns regarding paving the alley;
one, unauthorized individuals parking in his parking lot; two, the dust is
generated by people cutting through the alley from Calvin and Everhart; and
three, children play in the area and he is concerned that by paving the alley,
the traffic will be increased. He stated that if the alley is paved, it will
encourage traffic and there will be more serious problems. Mr. White stated
that he is not willing to pave the alley, and he would like to close the alley.
He stated that he is open to suggestions from the Council.
Council Member Guerrero stated that alley was not closed because Omaha
Company utilizes the alley for access. He suggested that just the portion
abutting Channel 3 be closed.
A motion was made by Council Member Guerrero that items 28 and 29 be tabled
for three weeks in order to review the options; seconded by Council Member
Slavik; and passed unanimously.
Mr. Terry Whitmire, 8250 Old Brownsville Road, spoke in regard to item 33,
adoption of the Standard Mechanical Code.
Mr. Whitmire stated that he does not agree with Section 104.2 (a) & (b)
which basically states that ordinary minor repairs may be made without a permit
subject to the approval of the Building Official. He stated that he would like
the ordinance to be clear as to when a permit is or is not needed and that it
should not be left to someone's discretion. He stated that Section A and B
contradict each other because Section B lists specific instances when a permit
is not required. Mr. Whitmire stated that he appeared before the Mechanical
Advisory Board on one occasion regarding this and at that meeting it was his
impression that the staff and the Mechanical Association would meet on this
item.
Assistant City Manager Bill Hennings stated that this is just an
administrative section of the ordinance; it is contained in the other codes; and
this was included as a matter of standardization. He stated that it is a very
minor issue.
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Regular Council Meeting
March 25, 1986
Page 9
Acting City Manager Briones stated that the staff would meet with Mr.
Whitmire on this matter.
There were no further comments from the audience; Assistant City Secretary
Zahn polled the Council for their votes; and the following ordinances were
approved:
22. RESOLUTION NO. 19236
RESOLUTION URGING THE U.S. CONGRESS AND THE TEXAS STATE LEGISLATURE TO ENACT NO
FAULT LEGISLATION REGARDING VACCINES WHICH ARE COMMONLY USED TO PROTECT SENIOR
CITIZENS AGAINST INFLUENZA AND PNEUMONIA, TO PROTECT CHILDREN AGAINST HEMO-
PHILUS INFLUENZA B WHICH CAUSES DEATH FROM MENINGITIS, AND TO PROTECT AGAINST
DIPHTHERIA, WHOOPING COUGH, TETANUS, HEPATITIS AND OTHER SERIOUS DISEASES.
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.
23. ORDINANCE NO. 19237
APPROPRIATING $314,000 OUT OF 1982 FIRE DEPARTMENT BUILDING BOND FUND FOR THE
PURCHASE OF TWO FIRE TRUCKS, ONE AMBULANCE, AND FURNISHINGS FOR THE WEBER ROAD
FIRE STATION AND THE PADRE ISLAND PUBLIC SAFETY BUILDING; 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.
24. ORDINANCE NO. 19238
APPROVING A RECOMMENDATION OF THE LIBRARY BOARD AND STAFF TO RETAIN J. MATTHEWS
AND ASSOCIATES AS AUTOMATION CONSULTANT FOR THE PURCHASE OF AN AUTOMATED LIBRARY
SYSTEM; APPROPRIATING $12,100; 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.
25. ORDINANCE NO. 19239
AUTHORIZING THE CONVEYANCE BY GENERAL WARRANTY DEED TO HIALCO-OIC HOUSING
ASSISTANCE, INC., LOT 5, AND PORTIONS OF LOTS 6, 7, AND 8, BLOCK 57, BLUFF
SUBDIVISION; 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.
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Regular Council Meeting
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Page 10
26. ORDINANCE NO. 19240
APPROVING THE REIMBURSEMENT TO THE DEVELOPER OF KING'S CROSSING UNIT 1
SUBDIVISION FOR THE INSTALLATION OF APPROXIMATELY 17,485 LINEAR FEET OF WATER
GRID MAIN; APPROPRIATING $110,000; 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.
27. ORDINANCE NO. 19241
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH OAKHURST PLAZA, INC., WHICH
DEFERS CONSTRUCTION OF A PORTION OF TIGER LANE AS A PLATTING REQUIREMENT;
APPROPRIATING $28,500; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken.
28. DETERMINING-TSIE-#Fk .6fi4q'4a-APIF)--0R bNfr TIIS 1MgAOV£I4EN2P-9B-GRA -V bbAGE
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APPbIANGE--€BMPANk--AND-3'W---GBANNEIr- III -- OP—TFE6-; --ANP --BE6bA&ENG--AN
EMERGENGk:
NOTE: TABLED - SEE PAGE 8.
29. APPROVINGa3-34sN--6-T-,MPEr4EN-'F-9F-THE-F44'9/--EN424#E&Ib-0F VAhH S-606 6 -POR
TNE-444PRFKzEME4R -0P--PNB-44911, ,OWII -BTREL'Fr--GRAY- -IIh,AGE--AI PPI{4NAIr-AbbEV;
NORTH-OF-43FOE4G3 440R- MA INBAR- FEET SBNH}B.41 4ANA-APPT ANDS-6OMPANY-AND-TV
GHANNEL--FIT--r IGNSIWFIES;--DET1sBP4I#I-NK;--4'k --PORTION-19-F- Iib-E'O&'I-6--TE}--BB
A66ES6ED-AGAIN4iT-ABUT4'LINf-PBOPER-W--ANI} THE PORTION- T6 BS-FAIR-BIL-THE-GITY;
SETTING --A- FUBbLG-NFA 4N ON --THE- A4H4ABYRObb-HA --NEI,D-4IOR-FNG-THE
REGULAR -214}U- : 6.14.Y-6OHN6Ib-44EFr4 -0N- le.6-BB;-4-}86 -4N-=FNS-6OSN6b
GRAMBER8;--GWl--IIAIAn -302--BOUT$--S GRE47I#S-v: ate; --ANI}-OP ,AR4N6--AN
EMERGENGY-
NOTE: TABLED - SEE PAGE 8.
30. ORDINANCE NO. 19242
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF RAYMOND SIMS BY CHANGING THE
ZONING MAP IN REFERENCE TO A PORTION OF LOT 4, AND ALL OF LOT 5, BLOCK 1, FLOUR
BLUFF GARDENS NO. 2 FROM "AB"; PROFESSIONAL OFFICE DISTRICT AND "T -1B" MOBILE
HOME PARK DISTRICT TO "T -1A" TRAVEL TRAILER PARK DISTRICT ON TRACT 1, AND BY
GRANTING A SPECIAL COUNCIL PERMIT FOR A RECREATIONAL VEHICLE SALES LOT USE ON
TRACT 2; AND DECLARING AN EMERGENCY.
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Regular Council Meeting
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Page 11
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.
31. FIRST READING
CLOSING AND ABANDONING A 0.213 ACRE PORTION AND A 0.709 ACRE PORTION OF
SHARPSBURG ROAD OUT OF THE G. FARIAS GRANT, ABSTRACT NO. 592; PROVIDING THAT THE
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION DEDICATE REPLACEMENT
RIGHTS-OF-WAY FOR AN ALTERNATE ROUTE FOR SHARPSBURG ROAD AND CONSTRUCT
EQUIVALENT PAVEMENT SECTION IN SAID ALTERNATE RIGHTS-OF-WAY.
The Ordinance was read for the first time and passed to its second reading as
follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye"; Guerrero absent at the time the vote was taken.
32. FIRST READING
ADOPTING THE STANDARD PLUMBING CODE, 1985 EDITION, AND THE STANDARD GAS CODE,
1985 EDITION, WITH CERTAIN CHANGES THEREIN AND ADDITIONS THERETO, AS THE
PLUMBING CODE OF THE CITY OF CORPUS CHRISTI; AND PROVIDING FOR AN EFFECTIVE DATE
OF JUNE 1, 1986.
The Ordinance was read for the first time and passed to its second reading as
follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye"; Guerrero absent at the time the vote was taken.
33. FIRST READING
ADOPTING THE STANDARD MECHANICAL CODE, 1985 EDITION, WITH CERTAIN CHANGES
THEREIN AND ADDITIONS THERETO, AS THE MECHANICAL CODE OF THE CITY OF CORPUS
CHRISTI; AND PROVIDING FOR AN EFFECTIVE DATE OF JUNE 1, 1986.
The Ordinance was read for the first time and passed to its second reading as
follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye"; Guerrero absent at the time the vote was taken.
33a. RESOLUTION NO. 19243
HONORING THE MEMORY OF DR. FRED A. CERVANTES FOR HIS CONTRIBUTIONS AND SERVICE
TO THE CITY OF CORPUS CHRISTI AND ITS CITIZENS.
The Charter Rule was suspended and the resolution passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
* * * * * * * * * * * * *
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Regular Council Meeting
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Mayor Jones announced the public hearing on two zoning cases:
34. Application No. 286-8, Holigan Development, Inc.: for a change of zoning
from "B-4" General Business District with a "SP" Special Permit to "T -1B"
Mobile Home Park District in reference to 5.05 acres out of Greentree
Recreational Vehicle Park Unit 1, located approximately 260' west of Flour
Bluff Drive, north of and adjacent to the proposed extension of Purdue
Road.
Assistant City Manager Tom Utter stated that in response to the three
notices mailed of the public hearing, none were returned in favor or 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 Mendez; and passed unanimously.
Council Member McComb asked for an explanation of the use of the "B-4"
zoning, and Mr. Wenger explained that the "B-4" zoning will remain on the
portion of the property adjacent to Flour Bluff Drive. He also stated that only
a portion of the property will be zoned "B-4."
Assistant City Secretary Zahn polled the Council for their vote on the
ordinance effecting the zoning change as follows:
ORDINANCE NO. 19243
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF HOLIGAN DEVELOPMENT, INC., BY
CHANGING THE ZONING MAP ON A PARCEL OF LAND BEING 5.05 ACRES OUT OF GREENTREE
RECREATIONAL VEHICLE PARK UNIT 1, FROM "B-4" GENERAL BUSINESS DISTRICT WITH A
"SP" SPECIAL PERMIT TO "T -1B" MOBILE HOME PARK DISTRICT.
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.
* * * * * * * * * * * * *
35. Application No. 286-5, Mr. Higinio J. Cantu: for a change of zoning from
"A-2" Apartment House District to "B-1" Neighborhood Business District on
Lot 1, Jasmin Addition, located on the northeast corner of 19th and Mary
Streets.
Mr. Utter stated that in response to the 27 notices mailed, 5 were returned
in favor; 4 were returned in opposition; the Planning Commission and Planning
Staff recommend denial; and the 20% rule is in effect, therefore, 7 affirmative
votes will be required to pass an ordinance changing the zoning.
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Regular Council Meeting
March 25, 1986
Page 13
Mr. Wenger displayed the area on the zoning and land use map, described the
land use in the surrounding area, and showed slides of the vicinity.
Mr. Wenger pointed out the entrance to St. Joseph's School, which is
located adjacent to the subject property on Mary Street.
At the request of Council Member Slavik, Mr. Utter read the letters in
opposition.
In response to Council Member Mendez' questions relating to parking spaces,
Mr. Wenger stated that a retail store would require one space for every 200
square feet of building. Mr. Wenger stated it is very questionable that there
would be enough space for the required number of parking spaces if a grocery
store is opened as planned by the applicant.
Mr. Higinio Cantu, the applicant, gave background information of the
property; he stated that this property has operated as a business in the past;
it lost its business status because it remained vacant for one year; and the
potential lease for a grocery store no longer exists. He stated that he sees no
problem with traffic congestion at this location; he is willing to agree to a
restriction to not sell alcoholic beverages; and he feels there is sufficient
parking.
Council Member McComb clarified that in "B-1" zoning there can be no bars,
but a package store is permissible. Mr. McComb suggested granting a special
permit for "B-1" uses, excluding the sale of alcoholic beverages.
Council Member Berlanga stated that there are no stores in the immediate
vicinity and reiterated Mr. McComb's suggestion.
Mr. Cantu stated that a special permit for "B-1" uses, excluding the sale
of alcoholic beverages, is acceptable to him.
Reverend Herman Defler, Pastor of St. Joseph's Church, appeared in
opposition, stating that Mr. Cantu's building is 20' x 42'; he tried to purchase
the building in order to donate it to the City for the Mary Street Improvements;
there is traffic congestion in the vicinity; and the traffic problem endangers
the lives of the children in the area.
Mr. Ed Garana, 5313 Carriage Lane, stated that he received a letter from
the Alcoholic Beverage Commission regarding a liquor application for the grocery
store. He stated that St. Joseph Jr. High School parents are concerned about
the sale of alcoholic beverages and they are also concerned about the traffic
congestion that will be generated if the zoning is changed, since a traffic
problem already exists.
Sister Barbara Netek, Principal of St. Joseph School, spoke in opposition
to the rezoning and the special permit. She stated that Mary Street is narrow
and traffic is congested in the area and does pose a safety problem.
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Regular Council Meeting
March 25, 1986
Page 14
Mr. Joe de la Garza, 507 17th Street, stated that the school children will
be endangered by the traffic hazard if the property is rezoned business.
Mr. Richard Garza, 2825 Ocean Drive, spoke in favor of the rezoning and
stated that since this is a small business, very little traffic would be
generated.
There were no further comments from the audience; a motion was made by
Council Member Mendez that the hearing be closed; seconded by Council Member
Pruet; and passed unanimously.
In response to a question from Council Member Pruet, Mr. Wenger explained
that this property operated as a non -conforming use, but non -conforming use
ceased when the business did not operate for over one year, thus it must conform
to the existing zoning, which is "A-2."
A motion was made by Council Member Pruet to grant a special permit for
"B-1" uses, excluding the sale of alcoholic beverages, seconded by Council
Member Berlanga.
Council Member Strong stated she would like to make an amendment to the
motion to have it be subject to the staff's engineering design relating to
parking.
Mr. Wenger stated that it would be subject to an acceptable site plan,
which would include parking requirements.
Council Member McComb inquired if the applicant would have to meet setback
requirements, and Mr. Wenger replied in the affirmative. Mr. Wenger explained
that the special permit will allow Mr. Cantu to use the property as shown on the
site plan, and the site plan would have to include parking and setback
requirements.
Council Member Mendez stated that the special permit gives the Council no
control as to what type of business locates there. He stated that when Mr.
Cantu has a tenant, he should come before the Council.
Council Member Pruet stated that Mr. Cantu is trying to avoid having to
appear before the Council every time he acquires a new tenant.
Mr. Utter stated that the motion could pass with 5 affirmative votes, but
that the ordinance will require 7 affirmative votes.
The motion to grant a special permit for "B-1" uses, excluding the sale of
alcoholic beverages, passed as follows: Jones, Best, Berlanga, Pruet, and
Strong voting "aye"; McComb, Mendez, and Slavik voting "no"; Guerrero absent at
the time the vote was taken.
* * * * * * * * * * * * *
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Regular Council Meeting
March 25, 1986
Page 15
Mayor Jones called for petitions from the audience.
Mr. Maurice Shaw, member of the Cable Communication Commission, emphasized
that the problems with Athena Cablevision are very serious. He suggested that
the staff contact AT&T to find out why there are problems with Athena's
telephones.
Mayor Jones asked for a report from the staff regarding the punitive
alternatives in relation to the problems with Athena Cablevision.
Council Member Strong questioned the responsibility factor of AT&T in
installing insufficient equipment.
Mr. Rosindo Barrera, 1046 Brawner Parkway, stated that he is a retired City
Employee; he appreciates the raise the Council approved for the employees; but
stated that his property taxes keep rising.
Ms. Beverly Martin, 5765 Hampshire, informed the Council that there are a
number of people waiting at the Coliseum and that Council Member Guerrero is
conducting a religious revival.
The meeting was recessed at 4:32 p.m. in order to relocate to Memorial
Coliseum.
* * * * * * * * * * * * *
Mayor Jones reconvened the meeting at 4:47 p.m. at Memorial Coliseum.
He explained that the Council would be considering the following two
ordinances on their first reading:
36. First Reading - Amending Chapter 33 of the City Code to provide for the
regulation of attendance by children below the age of fourteen (14) at
certain musical, dramatic, or theatrical performances; establishing an age
limit, defining the types of conduct or speech and the content of same
which constitute obscene performances as to such children; providing for
public notification of the character and content of certain performances,
requiring certain modifications of leases for city -owned facilities;
providing a penalty for each separate violation of not less than $50 nor
more than $200.
37. First Reading - Amending Chapter 36 of the City Code to restrict smoking,
the use of pyrotechnic devices, noise levels, and seating in the Coliseum,
Bayfront Plaza Convention Center Exhibit Hall, and Bayfront Plaza
Auditorium; providing a penalty for each separate violation of not less
than $50 nor more than $200.
Assistant City Manager Bill Hennings stated that these two ordinances are
being considered at the request of the Council; the Council has reviewed the
Legal Department's opinion on regulating activities in public facilities; and
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Regular Council Meeting
March 25, 1986
Page 16
they have reviewed the City of San Antonio's ordinance regulating activities.
He stated that ordinance 36 regulates the attendance of those under the age of
14 as follows:
"Sec. 33-48.
No Lessee,
City -owned
recklessly
(14) years
City -owned facility within one hour before or at any time
during a performance is scheduled, if such person (1) knows,
(2) has knowledge of sufficient facts and circumstances from
which a reasonable person would know that the performance is
or will be a performance obscene as to a child, unless such
child is admitted with a parent or legal guardian."
Admission of children to performances
obscene as to a child.
nor its employees or agents having control over a
facility shall intentionally, knowingly, or
allow or permit a child under the age of fourteen
to enter or to remain within a leased area in a
Mr. Hennings stated that the burden is placed on any promoter who knows a
performance will be obscene and that person should take certain actions to
prevent children from seeing the performance. He stated that in such an
instance, the lessee would require written evidence as to the age of the
children; i.e., 8th grade or higher school record. He stated that most
important is the definition "obscene as to a child", and that this ordinance
places the burden on the promoter to adhere to its standards.
Mr. Hennings explained that ordinance 37 deals with the health and safety
issue; it applies to Memorial Coliseum and Bayfront Plaza; it deals with
smoking, pyrotechnic devices, establishes noise level standards, provisions for
lighting, maximum capacity (5305 fixed seats in the Coliseum, 2526 in the
Bayfront Plaza Auditorium and 6000 in the Exhibit Hall) , and it provides for
reserved seating, but it does provide for exceptions to this.
Mr. Hennings stated that the effective date would be June 1, 1986, but
would not apply to events contracted prior to the date of passage.
Council Member Guerrero asked for clarification of the definition "obscene
as to a child."
Mr. Hennings read the following definition:
"Sec. 33-53. Definitions.
A. "Performance obscene as to a child" shall mean a
performance which contains:
1. A description of or explicit reference to:
(a) anal copulation
(b) bestial sexual relations
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Regular Council Meeting
March 25, 1986
Page 17
(c)
(d)
(e)
(f)
(g)
(h)
sadistic, masochistic
relationships
sexual relations with
sexual relations with
exhibition of male or
rape or incest, or
a vulgar or indecent reference to sexual
intercourse, excretory functions of the body, or
male or female genitals,
or violent sexual
a child
a corpse
female genitals
and which, taken as a whole (1) appeals to the prurient
interest of a child under the age of fourteen (14) years in
sex and (2) violates generally prevailing standards in the
adult community as to the suitability of such performances
for observation of a child under the age of fourteen (14)
years, and (3) lacks any serious, artistic, literary,
political or scientific merit as to a child under the age of
fourteen (14) years."
In response to a question from Council Member Guerrero, Mr. Hennings stated
that if a performance does not contain an activity described above, then the age
limit would not apply.
Council Member Slavik inquired of the legality of the ordinance.
City Attorney Hal George stated that the ordinance has been drafted very
carefully, and it can be defended against any legal challenge. He stressed that
a performance must contain certain items and as a whole has to appeal to the
prurient interest of a child under the age of 14.
Council Member Strong inquired as to how a
predetermined obscene, and Mr. George stated that that
would be prior restraint. He stated that presumably the
is in the act.
performance could be
cannot be done, as it
promotor will know what
Council Member Strong asked what would happen if a complaint was lodged
against a performance for being obscene.
Mr. George stated that the promotor would be subject to fines, even if he
did not have prior knowledge.
Council Member Strong questioned the wording "...taken as a whole....", and
Mr. George explained that that wording was taken from a United States Supreme
Court decision.
Council Member Strong questioned the following definition:
L. "Explicit reference" shall mean the use of words which
have a readily recognizable meaning describing or
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Regular Council Meeting
March 25, 1986
Page 18
depicting conduct proscribed hereby, but shall not
include words which are merely suggestive or have
meanings which are equally consistent with actions not
proscribed hereby."
Mrs. Strong inquired as to who would decide what is readily recognizable,
and Mr. George stated that that gives her an idea of why it is difficult to
prosecute under such an ordinance.
Council Member Berlanga stated that it would be effective if the Council
could have a preview of events, and Mr. George stated that that is impossible
because it would be prior restraint, which violates the First Amendment.
Council Member Guerrero stated that the purpose of the ordinance is to
serve as a deterrent; the burden lies on the promoters, not on the City or the
legal staff; the ordinance is effective; it has cleaned up performances in San
Antonio; and the performances in San Antonio have been reduced by 33%.
Mayor Pro Tem Best questioned the limitation of the age of 14, stating that
he feels no one of any age should view what is described as obscene. He stated
that he agrees with Ordinance 37, regarding health and safety factors. He
stated that it will be difficult to enforce the age restriction and he feels the
City should not be parents of all of the children; therefore, he will not vote
in favor of Ordinance 36.
Council Member McComb referred to the term "..certain musical, dramatic or
theatrical works " and stated that he felt this is discriminatory. He also
referred to the fact that rape was included in the definition of obscene, and he
cited a play in which the subject is rape.
Mr. George stated that one instance does not make a performance subject to
the standards; i.e., it must appeal to the prurient interest of a child taken as
a whole and must meet the other criteria listed.
Council Member McComb stated that at age 16 individuals have drivers
licenses, and inquired if any consideration was given to making the age limit
16.
Mr. Hennings stated that the ordinance was drafted in line with the San
Antonio ordinance, although with some improvements. He stated that the
ordinance provides for school records as being a means of identification.
Council Member Guerrero stated that they are saying they do not approve of
the actions at these performances, yet they are not able to take a stand on the
issue. He stated that the ordinance is effective; the burden of proof is on the
promoter; and all the Council would be doing is setting standards for Corpus
Christi.
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Regular Council Meeting
March 25, 1986
Page 19
Council Member Berlanga agreed with Mr. Guerrero's comments and stated that
the Council is trying to show their concern to all of the citizens, especially
young children, although many parents need supervision.
Council Member Slavik stated the value of the ordinance is to discourage
blatant pornographic performances. She stated that this ordinance places the
burden of proof on the promoter; the Council has the right to place restrictions
of this type; and she strongly supports the two ordinances.
Discussion followed among the Council and it was decided that those in
favor of the ordinances would be allowed 30 minutes to speak, and those in
opposition would also be allowed 30 minutes. The Council then took a 5 minute
recess.
* * * * * * * * * * * * *
Mayor Jones reconvened the meeting at 5:45 p.m.
Reverend Jerry Vestal, Southside Baptist Church, urged the Council to pass
the ordinances. He stated that he has to deal with children after they have
attended a concert; rock and roll produces rebellion in the home and disrespect.
He stated that rock and roll is satanic and the message it sends is straight out
of hell; it is easier to get children off of drugs than it is rock and roll; the
message sent by rock and roll goes to the soul; and rock and roll calls for the
worship of satan. He stated that he will no longer bless the Council Meetings
if this ordinance fails to pass. He asked the Council to maintain Christian
principles and guidelines.
Mr. William Lenhart, 3933 Kingston, spoke in favor of the ordinance, but
stated that the age limit is inadequate in that you must associate morality from
the time you are born until the time you die. He stated that he was in a rock
and roll band at one time and that he was approached in the Coliseum by a 12
year old selling marijuana. Mr. Lenhart stated that the fine to be imposed is
inadequate; he offered his services to the City to monitor the noise levels at
concerts; and he wanted to be able to bring his children to the Coliseum without
having to worry about satanic or sexual explicit material.
Mrs. Ruth Cox, 4270 Ocean Drive, stated that many times the Church has
prayed together to bring rain to the City and to protect the City from a
hurricane and she feels that the City can do as much as San Antonio and approve
the ordinance.
Mr. Chuck Rush, Roloff Ministries, referred to a remark made by Mayor Pro
Tem Best that it is not the Council's responsibility to be parents to all of the
children. He stated that this is true, but the Council has a responsibility to
see that the laws of the City are upheld, those being obscenity laws and drug
laws. He stated that freedom of musical expression was mentioned by Council
Member McComb, but yet when those freedoms turn to moral decay and moral
obscenity, it is a matter of upholding the law. He referred to the remark made
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Regular Council Meeting
March 25, 1986
Page 20
by Dr. Best that we need less government in t
Department of Human Resources is present to m
from abuse and there are laws regarding the
passage of the ordinances, stating that it
individual if he does what is right. Mr. Rush
behind the passage of the ordinances.
he lives of the people, yet the
ake sure children are protected
public schools. Mr. Rush urged
will show the character of an
stated that the community stands
Reverend Bob Meadows, Gardendale Baptist Church, urged passage of the
ordinances. He stated that the Council should let the city staff and legal
department be concerned about enforcement.
Reverend John Fisher, Clarkwood Baptist Church, stated that the Christian
community is behind passage of the ordinances; God will hold each individual
responsible for what he does in his life; those that are in leadership authority
will give a greater account to God one day; and he stated that elected officials
affect everyone in the community and they need to live up to their
responsibility.
Reverend Johnathan King, Portland, Texas, quoted Romans 13:3 and 13:4. He
stated that the Council has a responsibility to the people; the people respect
the Council but they expect them to set a standard for the City and not worry
about the technicalities of the ordinance.
Mr. David Barnes, 2609 Houston, stated that the issue is a matter of
pornography and obscenity, and he urged approval of the ordinance.
* * * * * * * * * * * * *
Mr. Bob Fazio, Program Director, C-101 Radio, stated that he agrees with
ordinance 37, health and safety. He stated he objected to the fact that
Ordinance 36 was being referred to as a "rock -n -roll" ordinance when in fact it
is an entertainment ordinance. He stated that there will be problems in
enforcing the ordinance; the fine to be imposed for violation is not much of a
deterrent; there are outstanding lawsuits regarding the San Antonio ordinance;
there has been a 33% reduction in bookings in San Antonio, not a reduction in
attendance. Mr. Fazio stated that he is concerned that only one type of
performance is being ostracized. He urged the Council to review the ordinance
carefully, as they could be losing more than just rock concerts.
An unidentified gentleman spoke and stated that it is not an issue of
obscenity, but rather an issue of freedom of speech.
Mr. Romeo Galindo, 5809 Del Starr, stated that the
should not infringe on his rights and that it is the parents
take care of their children.
Mr. Mike Whitford, Robstown, spoke in opposition and
should be a separation of church and state and that the
concerned with providing jobs.
Council's opinions
' responsibility to
stated that there
Council should be
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Regular Council Meeting
March 25, 1986
Page 21
Mr. Roger Ramirez pointed out that the City will lose money if the
ordinance is approved and he inquired as to who would define the terms "cultural
and artistic."
Mr. Tim Parker stated that banning rock and roll concerts will not solve
all of the problems of the young people.
Mr. Scott Cook stated that morals are learned from association with people,
not from the government. He stated that this is a personal decision and the
parents should decide what their children will or will not do.
Ms. Pat Cox, 2106 18th, objected to the use of the word "certain."
Mr. Joe Hammond, 640 Atlantic, stated that this ordinance will also ban
certain theatrical performances, which in his opinion, are very good and
performed tastefully. He referred specifically to the play Extremities, which
dealt with rape, which under the ordinance might be defined as obscene. He
stated that theatrically, the community might find itself with tremendous
problems.
Mr. Michael Brophy, 5757 S. Staples, stated that he does not want the
Council to dictate to his children and he feels there will be significant legal
problems with the ordinance. He stated that as an attorney, he would donate his
time to fight this ordinance.
Ms. Gracie Campos, 4521 Vestal, stated that the Council does not have the
right to restrict attendance at concerts and she feels that religion should not
be brought into this matter.
* * * * * * * * * * * * *
Council Member Guerrero stated that the precedent has been set in this
matter by the United States Supreme Court; the term "certain performances" means
those that meet certain criteria as outlined in the ordinance; the Council has
no control over privately owned buildings, but they can control what happens in
public buildings; and he clarified that there are no lawsuits regarding this
matter pending in San Antonio.
Council Member Guerrero stated that the issue of separation of Church and
State has been mentioned and he pointed out that this country was established on
Godly principles.
Council Member Guerrero made a motion that the ordinance be approved, and
Mayor Jones stated that this would be done by roll call vote.
Mayor Jones stated that this is a very difficult issue; he does not want to
take the position that "anything goes" in the Coliseum; the key issue is whether
or not the Council should set reasonable standards as to what is performed in
Corpus Christi; enforcement will be difficult, but if this is stated as a
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Regular Council Meeting
March 25, 1986
Page 22
principle, performers coming in to Corpus Christi will have to ask themselves if
their act violates the standards as set by the City. He stated that it is
comforting that this has been done in San Antonio and he feels the Council has a
responsibility to approve the ordinances.
Council Member Berlanga commended the Mayor for his comments and stated
that the Council cannot evade their responsibility and it is the Council's
obligation to show their concern to the citizens of Corpus Christi.
Council Member Slavik stated that the Council has the legal right to
regulate public performances.
Council Member Mendez stated that he agrees with ordinance 37, relating to
health and safety issues, but he stated that the issue of capacity should be
regulated by the Fire Marshall.
Council Member Mendez questioned how obscenity can be determined without
violating prior restraint; he stated that it is an unenforceable situation by
setting an age limit; therefore, he will vote against ordinance 36, but vote in
favor of ordinance 37.
Council Member Strong stated that she is concerned with the legal issues;
the issue of prior restraint has not been answered to her satisfaction; she is
concerned about the Council determining who shall and who shall not attend
performances; the real issues are the consumption of alcohol and drugs in public
buildings; and she feels that ordinance 37, health and safety, will help control
these problems. She stated there are existing laws that need to be strongly
enforced.
Council
safety, but
obscenity in
pornography,
is artistic.
Member Pruet stated that he supports ordinance 37, health and
he does not support ordinance 36, although he agrees there is
certain types of music and children should not be exposed to
but he questioned who is going to decide what is obscene and what
Council Member McComb stated that passage of ordinance 36 is not as
powerful as preaching; he does not feel the Council needs to be passing
ordinances in order to change peoples' lives; he is concerned that ordinance 36
will not address the major problem which is total lack of parental guidance. He
stated he will support ordinance 37.
Council Member Slavik stated that she supports ordinance 37, health and
safety. She recognized that there are enforcement problems with ordinance 36,
but it will send a message that pornographic performances are not welcome in
Corpus Christi; the Council has the right to pass this ordinance; and she feels
the Council should take a stand on this issue.
Council Member Guerrero stated that the highest court in the land says that
they have a legal right to do this; the Council should not be worrying about
_flutes
Regular Council Meeting
March 25, 1986
Page 23
enforcement because they do not have the guts to pass the ordinance; the Council
calls themselves Christians, yet they cannot take a stand on what is obviously
the right thing to do; and he pleaded with the Council to establish these
standards in the City.
Assistant City Secretary Zahn polled the Council for their vote on
ordinance 36 as follows:
36. FIRST READING - FAILED TO PASS
AMENDING CHAPTER 33 OF THE CITY CODE TO PROVIDE FOR THE REGULATION OF ATTENDANCE
BY CHILDREN BELOW THE AGE OF FOURTEEN (14) AT CERTAIN MUSICAL, DRAMATIC, OR
THEATRICAL PERFORMANCES; ESTABLISHING AN AGE LIMIT, DEFINING THE TYPES OF
CONDUCT OR SPEECH AND THE CONTENT OF SAME WHICH CONSTITUTE OBSCENE PERFORMANCES
AS TO SUCH CHILDREN; PROVIDING FOR PUBLIC NOTIFICATION OF CHARACTER AND CONTENT
OF CERTAIN PERFORMANCES, REQUIRING CERTAIN MODIFICATIONS OF LEASES FOR
CITY -OWNED FACILITIES; PROVIDING A PENALTY FOR EACH SEPARATE VIOLATION OF NOT
LESS THAN $50.00 NOR MORE THAN $200.00; AND PROVIDING FOR SEVERABILITY.
The Ordinance was read for the first time and failed to pass as follows: Jones,
Berlanga, Guerrero, and Slavik voting "aye"; Best, McComb, Mendez, Pruet, and
Strong voting "no."
Assistant City Secretary Zahn polled the Council for their vote on
ordinance 37 as follows:
37. FIRST READING
AMENDING CHAPTER 36 OF THE CITY CODE TO RESTRICT SMOKING, THE USE OF PYROTECHNIC
DEVICES, NOISE LEVELS, AND SEATING IN THE COLISEUM, BAYFRONT PLAZA CONVENTION
CENTER EXHIBIT HALL, AND BAYFRONT PLAZA AUDITORIUM PROVIDING A PENALTY FOR EACH
SEPARATE VIOLATION OF NOT LESS THAN $50.00 NO MORE THAN $200.00; 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, Slavik, and
Strong voting "aye."
There being no further business to come before the Council, on motion by
Mayor Pro Tem Best, seconded by Council Member McComb and passed unanimously,
the meeting was adjourned at 7:24 p.m., March 25, 1986.
/td
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Regular Council Meeting
March 25, 1986
Page 24
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 March
25, 1986, which were approved by the City Council on April 1, 1986..
WITNESSETH MY HAND AND SEAL, this the 1.)day of
(fin )98(0
Armando Chapa City Secretary
City of Corpus Christi, Texas
Luther J.l s, MAYOR