HomeMy WebLinkAboutMinutes City Council - 04/29/1986PRESENT:
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
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MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
APRIL 29, 1986
2:00 P.M.
Acting City Manager Ernest Briones
City Attorney Hal George
City Secretary Armando Chapa
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Captain Tom Overton of the Salvation Army,
following which the Pledge of Allegiance to the Flag of the United States was
led by Mayor Pro Tem Best.
City Secretary 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 Guerrero that the minutes of the
Regular Meeting of April 22, 1986, be approved as presented; seconded by Council
Member Berlanga; and passed unanimously.
* * * * * * * * * * * * *
Mayor Jones presented a retirement plaque to Mr. Bruce Aycock, who had been
City Attorney for 10 years. Mayor Jones stated that he appreciated the
professional job that Mr. Aycock performed during his tenure with the City and
'wished him well in his retirement.
* * * * * * * * * * * * *
Mayor Jones announced the bid opening on the following project:
1. Nottarb Place Sanitary Sewer Improvements: This supplemental waste-
water project was authorized in February, 1984, when local funds
became available by the award of an EPA Grant for the Laguna Madre
Minutes
Regular Council Meeting
April 29, 1986
Page 2
Plant Expansion in Flour Bluff. The project provides for the
installation of sanitary sewer lines to serve the Nottarb Place
Subdivision and will also provide a permanent gravity sanitary sewer
system for presently undeveloped property in the area bounded by Weber
Road, Saratoga Boulevard, and a portion of Cabaniss Field.
Assistant City Manager James K. Lontos opened bids from the following
companies: Claude Chapman Construction Co., Inc.; Corpus Christi Land Venture;
and Heldenfels Brothers, Inc.
Mayor Jones announced the bid opening on the Corpus Christi International
Airport Parking Lot Ditch Improvements.
Mr. Lontos opened bids from the following companies: Claude Chapman
Construction Co., Inc.; Construction Assistance and Service; Haas Paving
Company; King Construction Company, Inc.; Oceanside Asphalt, Inc.; A. Ortiz
Construction & Paving, Inc.; Vermillion Construction Company; and Olmas Equip—
ment Company.
Mr. Lontos stated that this project calls for the installation of two large
storm sewers in the ditch, 48" and 42" wide side by side, and a number of inlets
will be put on top of the storm sewer.
* * * * * * * * * * * * *
Mayor Jones called for action of the Council from the Workshop Session on
the following.
Acting City Manager Briones stated that this resolution is confirmation of
his recommendation to appoint Lorenzo Gonzalez as Building Official.
There were no comments from the audience; City Secretary Chapa polled the
Council for their vote as follows:
RESOLUTION NO. 19292
CONFIRMING THE APPOINTMENT OF LORENZO GONZALEZ AS BUILDING OFFICIAL BY THE CITY
MANAGER, PURSUANT TO ARTICLE III, SECTION 3; 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."
* * * * * * * * * * * * *
Mayor Jones called for consideration of Consent Motions 1 through 10.
1. Approving the issuance of an addendum for the Airport Improvements project
to change the scheduled opening of bids from April 29, 1986 to May 6, 1986.
Minutes
Regular Council Meeting
April 29, 1986
Page 3
2. Approving a supply agreement for hydrogen peroxide for Wastewater Services
with E. I. DuPont de Nemours based on low bid meeting specifications. 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 seller and the City Manager or his designee. Four bid
invitations were issued and two bids were received. Prices have increased
approximately 4% since May, 1984. The estimated annual cost is $234,954,
and funds were approved in the 1985-86 budget.
3. Approving a supply agreement for janitorial services with the following
companies based on low bid for an estimated annual expenditure of
$21,300.60. 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. Thirty-eight bid invitations were issued, thirteen were
received. Prices have decreased approximately 14% from last contract of
March, 1985.
a. Touch of Class
Item 10, Water Division $2,160/year
b. South Texas Janitorial
Item 12, Williams Drive Clinic $900/year
c. Corpus Christi Janitorial
Item 1 & 2, Tax Office
Item 3, Finance Department
Item 4, Data Processing
Item 5, Health -Veterinary
Item 6, Land Acquisition
Item 11, Traffic Engineering
Total:
$2,820/year
$5,880/year
$1,800/year
$1,308/year
$2,088/year
$2,088/year
$15,984/year
d. Pais Janitorial
Items 7, 8, & 9, Flour Bluff Facilities $2,256.60/year
Grand Total: $21,300.60
4. Approving the purchase of five refrigerated samplers from Water and Waste
Products Co., based on low bid. The samplers will be used by Wastewater
Services to collect and store wastewater samples. Three bid invitations
were issued and three bids were received. The total cost is $13,900, and
funds were approved in the 1985-86 budget.
5. Approving a contract to remove an ambulance module from a cab and chassis,
refurbish, and install on a new cab and chassis to Eagle Emergency Equip-
ment based on low bid. Ten bid invitations were issued and three bids were
received. Total cost is $24,469.70, and funds were approved in the 1985-86
budget.
Minutes
Regular Council Meeting
April 29, 1986
Page 4
6. Approving the purchase of 16 microfilm readers and miscellaneous audio
visual equipment based on low bids and low bid meeting specifications from
the following companies for a total of $24,046.65. These items will be
installed in the Central Library. Fifteen bid invitations were issued,
eight bids were received. There is no recent price history available,
however the number of bids received indicate adequate competition. Funds
were approved from the Central Library Building Trust Fund.
a. Lloyd W. Holmes Co.
(16) microfilm readers
(low bid meeting specifications)
b. Heffernan School Supply Co.
(1) 35mm slide/sound projector (low bid)
(4) audio visual tables (low bid)
(4) videocassette presentation units (low bid)
(1) phonograph (low bid)
(1) monitor (low bid)
(1) 16mm projector (low bid)
Total:
c.
A. B. Dick Products
(1) overhead projector (low bid)
GRAND TOTAL:
$17,270.40
$6,620.00
$156.25
$24,046.65
Reject the bids we received for four microfilm reader/printers and
authorize new bids be received. The library staff has become aware of a
unit which is not only more efficient than the unit requested, but also
costs less. Specifications will be amended to include the new unit.
Estimated expenditure will be $12,500. Funds which were approved from the
Central Library Building Trust Fund.
7. Amending, prior
Mechanical Code,
to third reading, the ordinance adopting the Standard
1985 edition, by amending Subsection 104.2, as follows:
a. Amend the first
repairs may be
104.2(b)."
*b. Amend subparagraph 5 in paragraph (b) to read, "replacement of any
individual component part or composite component part within an
approved assembly unit, in which its replacement and replacement part
do not alter its original approval or make it unsafe and complies with
this code. This exception shall not be construed to include
replacement of a complete assembly unit such as a 0464Etlibt, furnace,
or other such assembly units as assembled by the original equipment
manufacturer." *Note: Item corrected to read "...condensing unit,
furnace, or other such assembly units...."
sentence in paragraph (a) to read, "Ordinary minor
made without a permit, as outlined in paragraph
Minutes
Regular Council Meeting
April 29, 1986
Page 5
8. Authorizing acquisition of a parcel of land (#23) located off McCain Drive
at a cost of $5,200 for the Turkey Creek Drainage Improvements project.
9. Accepting the planning studies with respect to water, wastewater, and
transportation prepared by Brown & Caldwell -Freese & Nichols for the
Chapman Ranch Area and refer the plan to the Planning Commission for review
and comment.
10. Scheduling a public hearing on May 20, 1986, on a request to close Lobo
Lane between Carline Alley and Sam Rankin Street. The request to close
this 30 -foot wide right-of-way has been made in connection with the
proposed expansion of the Jackson -Flowers Funeral Home at this location.
The staff offers no objection to the closure subject to the relocationof
the City gas line and Central Power & Light and Southwestern Bell Telephone
Company overhead facilities which presently exist in the right-of-way, the
dedication of a 15 -foot wide utility and sidewalk easement, construction of
a sidewalk at an alternate location, construction of a paved turnaround at
Lobo Lane to serve Carline Alley, and removal of the existing driveway
which serves Lobo Lane at Sam Rankin Street if it is not to be used for the
funeral home expansion.
Council Member Strong pointed out that item 3, janitorial services,
represents a decrease of 14% from last year's prices.
Mr. Briones pointed out that item 7(b) should be corrected to read
"condensing unit" instead of condenser.
Mayor Jones called for comments from the audience.
Mr. Terry Whitmire, member of the Mechanical Advisory Board, stated that he
is in concurrence with item 7 as corrected by Mr. Briones.
A motion was made by Council Member Guerrero that Consent Motions 1 through
10 be approved; seconded by Council Member Berlanga; and passed unanimously.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Ordinances, items 11
through 20.
Mr. Briones noted that item 15, installation of a VASI and MALS at the
airport, is to aid Runway 13.
Mayor Jones called for comments from the audience.
Minutes
Regular Council Meeting
April 29, 1986
Page 6
Mr James Flanigan, 1800 South Staples, spoke regarding the adoption of the
Standard Building Code (ordinance 19). Mr. Flanigan expressed the opinion that
if any electrical device elevated on poles is exempt from City permits, then all
such devices should be exempt. He stated there was no conflict with the FCC on
permitting antennas.
Mr. George Clower, 304 S. Morningside, urged the Council not to exempt
certain radio antennas from City permits. He stated that the Building Code
Board of Appeals will be addressing the issue of wind load design because of
insurance liability, and he feels that to exclude this type of antenna would be
a mistake.
Mr. I.C. Moreno, registered engineer, stated that he is concerned about
exempting radio antennas; he realizes that radio operators are important in the
community, but consideration should be give to the actual structure itself. He
stated that his firm would be willing to donate their services for structural
analysis of the antenna, if it was a financial hardship on the operator to have
this done.
Mr. Bruce Truax, 525 Ronson, stated that he would prefer not to see
amendments that grant exceptions for certain antennas and he feels that these
antennas should be built to code specifications and permitted.
Ms. Darlene Painter, 309 Cape Henry, urged the Council not to waive the
requirements that these antennas be permitted.
Mayor Jones stated that the ordinance provides that if the antenna is
licensed by FCC and is not over 50', it does not require a permit, but anything
over 50' does require a permit.
Council Member Mendez noted that the Board is recommending that the
antennas not be exempt, and the Council should look at that recommendation
carefully.
Council Member Berlanga stated that he is in favor of not waiving the
permits on these types of structures because it will endanger the lives of
people in the vicinity of the antenna and he feels that by not requiring permits
for the antennas, the City will have a liability.
Mayor Pro Tem Best stated that he appeared before the Building Code Board
of Appeals; the recommendation at that time passed by a vote of 4 to 1, but
there was not a quorum on that date; the FCC has stated that cities could not
prevent radio operators from installing antennas; he has checked with the City
Attorney who has informed him that the ordinance does have safety factors; the
ordinance is not illegal in that you can specify one particular group that can
have an antenna without a permit.
Dr. Best stated that to his knowledge, there has never been an incident of
an antenna falling on someone's home, and in any hurricane situation, the owner
Minutes
Regular Council Meeting
April 29, 1986
Page 7
of the antenna would take it down because it is a large financial investment.
Dr. Best pointed out that the operators play a large role in national defense.
He stated that this ordinance in no way puts the City in any jeopardy, but
rather eliminates any jeopardy.
Council Member Slavik inquired if there were any statistics available, and
Dr. Best pointed out that no antenna could stay up in 140 mph winds.
Mayor Jones stated that he is in favor of the ordinance and mentioned the
help the City received during Hurricane Allen from ham radio operators.
Council Member Mendez asked what the operators' objection were, and Dr.
Best stated they objected to the fee and the engineering analysis. He
reiterated that safety factors are included in the ordinance.
City Attorney Hal George stated that there would be no problem with
liability, as far as the City is concerned, and there is no problem with equal
protection under the law.
Council Member Berlanga stated that this is a matter of principle, and the
City should either license people or not.
Mayor Jones stated that this does not mean exceptions should be made for
everyone; each case should be dealt with on its own merits; and he feels this
would not set a precedent.
Council Member McComb stated that Council Member Mendez had questions
regarding the language in ordinance 17, limousine service at the airport, and
Mr. Briones stated that this would be checked to make sure it applies only to
limousine service.
Mr. Pinkie Eldridge, Pinkie's Taxicab, stated that the ordinance on
limousine service is not fair; the limousine service can have 15 cars and the
drivers do not have to be certified; it does not allow for competition at the
airport; the limousine service solicits riders, which is in violation of the
ordinance; and nothing is being done about it. He stated that the taxicabs
cooperate with the Cabs on Patrol, and they would like cooperation from the
City.
Mayor Jones suggested that a sign be installed at the airport listing the
taxicab rates.
Council Member Guerrero agreed with the Mayor, and stated that he is also
concerned that the limousine drivers are not certified.
Mr. Briones stated that the ordinance is on first reading, and he suggested
the Council approve it today, with the understanding that they will propose some
changes prior to second reading.
Minutes
Regular Council Meeting
April 29, 1986
Page 8
Mayor Pro Tem Best inquired if the franchise allows an unlimited number of
cars. It was determined that the limousine service is allowed four parking
spaces, with no limitation on the number of vehicles.
Council Member Slavik stated that she wanted the problem with soliciting
passengers resolved, and Council Member Strong agreed.
Council Member McComb stated that there could be liability on the part of
the City by not having the limousine drivers certified.
Mr. Jeryl Funderburk, Airport Manager, reiterated that the limousine is
allowed four parking spaces. He stated that the franchise states that no
solicitations will be allowed; this is hard to enforce, but they are trying to
control it.
There were no further comments from the audience; Assistant City Secretary
Zahn polled the Council for their vote as follows:
11. ORDINANCE NO. 19280
APPROVING THE ASSIGNMENT OF THE WATERWORKS MARINA FROM DAVYDD MORRIS TO DAVYDD
MORRIS AND ASSOCIATES, INCORPORATED; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet
absent at the time the vote was taken.
12. ORDINANCE NO.19281
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PATE AND PRICE CONSULTANTS, INC.
TO CONDUCT AN ANALYSIS OF AIRPORT OPERATIONAL AND MAINTENANCE COSTS, MAKE
RECOMMENDATIONS FOR RATES AND CHARGES, AND TO ASSIST IN AIRLINE LEASE
NEGOTIATIONS; APPROPRIATING $30,000; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet
absent at the time the vote was taken.
13. ORDINANCE NO. 19282
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE TEXAS DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION FOR THE CONSTRUCTION OF AN ILLUMINATION SYSTEM FROM
THE NORTH END OF HARBOR BRIDGE TO GULFSPRAY STREET ON U.S. HIGHWAY 181;
APPROPRIATING $48,342.50; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet
absent at the time the vote was taken.
Minutes
Regular Council Meeting
April 29, 1986
Page 9
14. ORDINANCE NO. 19283
PROVIDING THAT TAXES BECOMING DELINQUENT IN 1986 AND THEREAFTER SHALL INCUR AN
ADDITIONAL PENALTY OF FIFTEEN PERCENT (15%) OF THE AMOUNT OF TAXES, PENALTY, AND
INTEREST DUE IN ORDER TO DEFRAY COSTS OF COLLECTIONS PURSUANT TO SECTION 33.07,
PROPERTY TAX CODE; THIS ADDITIONAL PENALTY SHALL NOT INCUR UNTIL JULY 1 OF THE
YEAR IN WHICH THEY BECOME DELINQUENT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet
absent at the time the vote was taken.
15. ORDINANCE NO. 19284
AUTHORIZING THE EXECUTION OF SUPPLEMENTAL AMENDMENT NO. 3 TO AN AGREEMENT WITH
THE FEDERAL AVIATION ADMINISTRATION PREVIOUSLY APPROVED BY ORDINANCE NO. 18944
TO INCLUDE THE INSTALLATION OF A VISUAL APPROACH SLOPE INDICATOR (VASI) AND
MEDIUM INTENSITY APPROACH LIGHTING SYSTEM (MALS) TO AID RUNWAY 13 APPROACHES;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet
absent at the time the vote was taken.
16. ORDINANCE NO. 19285
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF OAK BAY DEVELOPERS BY GRANTING
A SPECIAL COUNCIL PERMIT FOR TWO FREESTANDING SIGNS ON LOT 5, BLOCK 1, LYNWOOD
PLACE UNIT 4; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet
absent at the time the vote was taken.
17. FIRST READING
AUTHORIZING THE EXECUTION OF A CONTRACT FOR LIMOUSINE SERVICE WITH TEXAS RIVIERA
TRANSPORTATION, INC. OF CORPUS CHRISTI IN ACCORDANCE WITH ARTICLE III, CHAPTER
57, SECTION 57-150, OF THE CITY CODE FOR A PERIOD OF THREE YEARS BEGINNING MAY
1, 1986 AND ENDING APRIL 30, 1989; GRANTEE AGREES TO PAY THE CITY A MONTHLY
RENTAL OF SIX PERCENT (6%) GROSS REVENUES FROM THE OPERATION OF VEHICLES AND TWO
PERCENT (2%) OF GROSS REVENUES FROM THE TRANSPORTATION OF BAGGAGE.
The ordinance was read for the first time and passed to second reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong
voting "aye"; Pruet absent at the time the vote was taken.
Minutes
Regular Council Meeting
April 29, 1986
Page 10
18. ORDINANCE NO. 19286
CLOSING AND ABANDONING A PORTION OF THE 40 -FOOT WIDE PUBLIC STREET RIGHT-OF-WAY
OUT OF LOTS 26 & 27, SECTION 11, AND LOTS 6 & 7, SECTION 10, FLOUR BLUFF AND
ENCINAL FARM AND GARDEN TRACTS; PROVIDING FOR REPLATTING.
The ordinance was read for the third time and passed as follows: Jones, Best,
Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet
absent at the time the vote was taken.
19. ORDINANCE NO. 19287
ADOPTING THE STANDARD BUILDING CODE, 1985 EDITION, AND THE 1986 REVISION
THERETO, AS THE BUILDING CODE OF THE CITY OF CORPUS CHRISTI; WITH CERTAIN
CHANGES AND ADDITIONS THERETO; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT;
REPEALING ORDINANCES 15256, 15308, 16395, 17520, 16772, 17933, 17895, 18355 AND
19186; MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED $200;
PROVIDING FOR PUBLICATION BY NOTICE; PROVIDING FOR SEVERANCE; PROVIDING FOR AN
EFFECTIVE DATE OF JUNE 1, 1986.
The ordinance was read for the third time and passed as follows: Jones, Best,
Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet
absent at the time the vote was taken.
20. ORDINANCE NO. 19288
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 third time and passed as follows: Jones, Best,
Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet
absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Jones called for consideration of Regular Ordinance, item 21,
granting a special permit for Mr. Higinio Cantu.
Assistant City Manager Tom Utter stated that this case was previously
before the Council; a special permit is recommended for "B-1" uses as listed on
the site plan; and the Catholic school that was opposed to the permit, is now in
agreement.
Mayor Pro Tem Best commended Council Member Mendez on his efforts in
resolving the problems with the school.
There were no comments from the audience; Assistant City Secretary Zahn
polled the Council for their vote as follows:
Minutes
Regular Council Meeting
April 29, 1986
Page 11
21. ORDINANCE NO. 19289
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF HIGINIO J. CANTU BY GRANTING A
SPECIAL COUNCIL PERMIT FOR THE "B-1" NEIGHBORHOOD BUSINESS DISTRICT USES LISTED
ON THE ATTACHED SITE PLAN, EXCLUDING THE SALE OF ALCOHOLIC BEVERAGES, ON LOT 1,
JASMIN ADDITION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, Mendez, Pruet, Slavik, and Strong voting "aye"; McComb
absent at the time the vote was taken.
Mayor Jones called for consideration of ordinance 22, a service contract
with James Cooke for a BierGarten on the Peoples Street T -Head, and stated that
each person would be allowed to speak 3 minutes with a maximum of 30 minutes for
each side.
Mr. Terry Dopson, Director of Parks and Recreation, stated that this is an
unsolicited proposal concerning an open air restaurant on the Peoples Street
T -Head; the Park Board and Marina Board recommend approval; it is recommended on
a one-year basis in order that it may be evaluated; the area will be approxi-
mately 1,600 square feet; the City would receive 10% of gross receipts; and the
applicant would be responsible for obtaining all necessary food and alcohol
permits.
In response to a question from the Mayor, Mr. Dopson stated that the
Lighthouse Bar & Grill, Wayward Lady, Captain Boomers, and two concessionaires
sell alcoholic beverages and are located within the Marina.
In response to a question from Mayor Pro Tem Best, Mr. Dopson stated that
in addition to the bayfront, the McGee Beach concession, both golf courses, the
coliseum, convention center, and airport all sell alcoholic beverages.
Council Member Slavik stated that she is concerned with the traffic and
parking problems this could cause, and inquired if the Boards had addressed this
issue.
Mr. Dopson stated that parking was discussed; there is sufficient amount of
spaces as required by regulations; and there is a constant flow of traffic
whether or not this is located there.
Council Member Slavik stated that alcohol and water do not mix.
Council Member Guerrero inquired if, under the zoning ordinance, the
business would have to have food as its primary business before it is considered
a restaurant.
Mr. Briones stated that under "B-1" zoning, consumption of alcohol is
prohibited unless food is sold.
Council Member Guerrero stated that this doesnotqualify as a restaurant
because more alcohol would be sold than food.
Minutes
Regular Council Meeting
April 29, 1986
Page 12
Mr. Larry Wenger, Director of Planning, stated that this area is zoned
"B-2", and City Attorney George stated that "B-2" allows restaurants with or
without alcoholic beverages.
Council Member Berlanga asked what time beer would cease to be served,
noting that the hours of operation will be from noon to sunset, but the
consumption of beer should not continue after sunset.
Mr. Berlanga inquired if the area was still being used for events, and Mr.
Dopson stated that it is basically used as a skating area, but any time there is
a special function, Mr. Cooke would have to move his operation.
Council Member Slavik stated she liked the idea of the cafe, but without
alcoholic beverages.
In response to a question from Mayor Pro Tem Best, Mr. Dopson stated that
the vicinity would be roped off in order to keep under -age people out of the
area.
Mr. James Cooke, the applicant, stated that he envisions a European -style
establishment; a misconception has been caused by virtue of the name
"BierGarten", and if approved, that name will not be used; he views this as a
low key operation and a tourist attraction; and it would not be a bar. He
stated that people enjoy the outdoors and this would provide those people a
place to sit and view the boats, enjoy refreshments, and food.
Mr. Cooke stated that he does not envision any parking problems as this is
within walking distance of the hotels. He stated that it would be a very
attractive area with approximately 25 umbrella -tables and it will only have one
entrance. He stated that they would adhere to TABC requirements regarding
alcohol and he is willing to limit drinks to three per customer. He reiterated
that it is not his intent to have a bar. He stated that he would not infringe
on the other concessionaire in the vicinity, and the people who buy at the
concessionaire stand are free to come into his area to sit. He stated that all
tables and chairs would be stored in a building overnight and setup each
afternoon.
Mr. Cooke stated that this would improve the tourist climate; it would be a
low key activity; there will be no sound system or juke box; it is not a high
profit operation; and it is his intent to provide a very nice, continental, and
unique cafe.
Mr. Bob Frock, 13753 Cayo Gorda, spoke in favor of the cafe and stated that
it would stimulate tourism.
An unidentified gentleman spoke in favor and stated that this project would
be good for tourism and will benefit the City.
Minutes
Regular Council Meeting
April 29, 1986
Page 13
Mr. Phillip Ford, 15005 Windward, stated that this would be very nice and
would improve the visitor concept of the area.
Ms. Maria Kuzma, 13845 Eaglesnest, stated that she is in favor the project;
it is a good idea; it is something different; and it should be given a chance to
operate for one year.
Reverend Bob Meadows, Gardendale Baptist Church, expressed the opinion that
God had instructed people not to drink, and although the proposed BierGarten
might be an attractive place for tourists, he felt that there were already
enough bars in which liquor could be purchased. Reverend Meadows expressed
opposition to the proposed facility on the T -Head. He referred to the number of
citizens who are killed by intoxicated drivers and suggested that to combat this
problem, the City should limit as much as possible business conducting the sale
of beer.
Mr. Jack Gordy stated that he felt that the City Council Members will
project an image to the youth of this City by their votes on this ordinance. He
pointed out that there are already three places of business in the area that
sell alcoholic beverages and cautioned the Council that there is the possibility
of lawsuits against the City if this facility is allowed to be operated on City
property.
Mr. J. H. Kinard, 4629 Donegal, expressed the opinion that Corpus Christi
is a beautiful place and he is convinced that parents will be reluctant to take
their children to parks where drinking of alcoholic beverages occurs. He also
mentioned his concern about the City's liability in the event of accidents
involving people who have been drinking at the BierGarten.
Mrs. Fern Hart, 602 Surfside, stated that the primary issue is that Mr.
Cooke will make a great deal of money and the City will receive only a small
percentage. She, too, expressed concern about the City's liability in the event
of an accident. Mrs. Hart related the events of an accident in which she
suffered painful injuries caused by an intoxicated driver.
Reverend Robert Wilbanks, 841 Rosedale, stated that the Council condemns
City employees for drinking and driving on the job, yet they are considering
allowing people to drink who will be driving and will endanger the lives of
others. He stated that the City would need to acquire liability insurance.
Reverend Wilbanks stated that Mr. Cooke is interested in making a profit and
will sell drinks as long as the customer can pay. He stated that families will
not want to go to the T -Head if alcoholic beverages are sold.
Mr. Patrick McGourdy stated that police protection would have to be
increased in the area, and this would be an added expense for the City.
Mr. M.S. Tranawski, 410 Atlantic, stated that this area would end up as a
bar joint; the City would be liable if there were an accident; he always takes
Minutes
Regular Council Meeting
April 29, 1986
Page 14
visitors to the T -Head, but if this is located there he would not; this should
remain a family area; and he strongly urged the Council to vote no.
Mrs. Lucille Tranawski, 410 Atlantic, stated she is opposed to bars in city
parks and urged the Council to vote no.
Ms. Jo Ann Mason, 6625 Sahara, quoted statistics on drunk driving and gave
blood/alcohol concentrations and the respective effect. She asked the Council
to vote no.
Mrs. Helen Wilbanks, 841 Rosedale, asked the Council to vote no and stated
that the cause of alcoholism is alcoholic beverages.
Mr James Chow, 913 Booty, stated that he has seen the City deteriorate
over the last 15 years, especially in the Marina area. He urged the Council to
vote no.
Mr. Clarence Branch, 901 Salem, encouraged the Council to vote no and
referred to the parking difficulty on the T -Head.
Mr. Rex Carr, Rt. 3, Box 440M, stated that he is against alcohol and asked
the Council to vote no and keep the City parks clean.
There were no further comments from the audience.
Mayor Jones stated that if he thought this would eliminate alcoholism in
the City, he would vote no, but the problem of alcoholism would not come from a
facility as the one proposed. He stated that in Germany there are many
operations like this one; a sidewalk cafe cannot be equated to alcoholism; and
the issue is what can the Council do to make Corpus Christi more attractive for
visitors and citizens. He stated that this would be an attraction on the T -Head
and would help tourism.
Mayor Jones stated that the Sasaki/Walker report stated that the City's
most expensive unused parking lots are on the T -Heads, therefore he feels
parking would not be a problem. He stated he would vote in favor of this.
Council Member Mendez stated that this contract would be for one year and
that would allow time for an evaluation; this project would be for people who
cannot afford to go to the Yacht Club or Wayward Lady; it will provide something
for the tourists to do; and he feels it will not cause any problems.
Council Member Strong agreed with Mayor Jones and Council Member Mendez.
She stated that everyone who goes to the cafe would not become a drunk driver;
she stated that traffic means business and prosperity; and she stated that there
are a number of city facilities that sell alcoholic beverages; and she feels
that Mr. Cooke should not be made the "whipping dog" of a city policy.
Minutes
Regular Council Meeting
April 29, 1986
Page 15
Mrs. Strong stated that the burden of insurance is on Mr. Cooke; this
contract is for one year, but actual operation would be from April to October;
and the current proposal is not even a full tourist season because of time
limitations.
Council Member Guerrero stated that every time the Council has an oppor-
tunity to set standards, they refuse to do it; before the City can resolve
economic issues, standards should be set; he will not support this; and he feels
that this would set a precedent.
Mayor Pro Tem Best inquired if the City would have a liability and if one
exists on Captain Boomers, Lighthouse Bar & Grill, etc.
City Attorney George stated that anyone could file a lawsuit, but the City
would not lose; there is a provision for liability insurance; and this contract
would just be authorizing an individual to operate a business just like any
other business.
Dr. Best inquired if a similar business could be operated in Cole Park,
Swantner Park, etc., noting that Cole Park also has a nice view.
Mr. George stated that it would be a matter of where you draw the line,
stating that this is an isolated instance.
Dr. Best stated that he feels this would be a tourist attraction, but even
more so in Cole Park. He stated that selling alcohol in a building is one
thing, but in a city park is a different situation.
Council Member Slavik stated that she is concerned about selling alcoholic
beverages on the T -Head, but she would like to see Requests For Proposals on an
outdoor cafe setting.
Mrs. Slavik asked who operated the refreshment stand that is currently on
the T -Head, and Mr. Dopson stated that Mr. Gabe Hernandez currently operates it
and he has asked for one picnic table.
Council Member Slavik stated she likes the idea, but without alcohol.
Council Member Berlanga stated that this would cause traffic problems in
the area, and the concept is good but it is in the wrong place.
Council Member McComb stated that he is concerned about the City's
liability, noting that the return to the City is not worth the risk. He stated
that the City's policy on facilities selling alcohol should be reviewed, and he
agreed with Dr. Best, in that this could cause problems in other city parks.
Minutes
Regular Council Meeting
April 29, 1986
Page 16
Council Member Strong pointed out that the River Walk in San Antonio is
city -owned; it is a family area; and every restaurant sells alcohol. Mrs.
Strong stated that she sees the Marina as a tourist area, not a City park, and
she cannot see the City staff recommending a facility like this in a park.
Council Member Guerrero noted that the restaurants at the River Walk
primarily sell food.
Council Member Pruet stated that he likes the idea; the applicant has taken
measures for control; i.e., hours of operation, limitation on drinks; there are
provisions for liability insurance in the proposal; and he feels this will not
be setting a precedent. Mr. Pruet further stated that this would not alter the
alcohol consumption in Corpus Christi. He stated that since it is a one year
contract, the Council will be able to evaluate its performance, and he feels
that if this proves to be good then the City could renew the contract.
Assistant City Secretary Zahn polled the Council for their vote and the
following ordinance failed to pass:
FIRST READING - FAILED TO PASS
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
OPERATION OF A BIERGARTEN ADJACENT TO THE PAVILLION
T -HEAD.
The ordinance was read for the first time and failed to
as follows: Jones, Mendez, Pruet, and Strong voting
Guerrero, McComb, and Slavik voting "no."
* * * * * * * * * * * * *
MR. JAMES COOKE FOR THE
ON THE PEOPLES STREET
pass to second reading
"aye"; Best, Berlanga,
Mayor Jones announced the public hearing on assessments for the following
project:
11. Furman School Area Street Improvements, Phase III Project: 14th Street,
from Buford Street to Morris Avenue; 15th Street, from Craig Street to
Morris Avenue; 16th Street, from Morgan Avenue to Craig Street; Craig,
Buford, Hancock, and Coleman Streets, from Crosstown Expressway to Brownlee
Boulevard; and Mary Street, from 17th Street to 19th Street; providing for
assessments of $225,443.25 for the 178 items on the roll.
City Attorney Hal George called as his first witness, Mr. Gerald Smith,
P.E., City Engineer.
Through questioning of the witness, Mr. George established Mr. Smith's
qualifications to testify . Mr. Smith stated that he is the City Engineer for
the City of Corpus Christi; he is a registered engineer in the State of Texas;
he has been employed by the City for 26 years; and he obtained his degree in
Engineering from the University of Texas at Austin.
Minutes
Regular Council Meeting
April 29, 1986
Page 17
Mr. Smith located on a map the streets which are included in the project,
stating that this is an llth year Community Development project; it is the third
phase of street improvements in this area; the plans call for the complete
reconstruction of the streets; the open ditches will be eliminated; new storm
sewers and water lines will be installed; and curbs, gutters, sidewalks and
driveways will be constructed on all of the streets which will be widened to 28'
with the exception of the streets surrounding the Salvation Army property where
36' wide streets will be constructed.
Mr. Smith testified that the plans and specifications were prepared in the
City Engineering Department; eight bidders submitted bids; and the low bid in
the amount of $756,254.24 was submitted by Claude Chapman Construction Company.
He informed the Council that the assessment roll was prepared in accordance with
the City's assessment policy and includes 178 items for the total amount of
$225,443.25, most of which are assessed at the residential rate.
He explained that the rates are as follows: 36' street - $18.03 per L.F.
for curbs, gutter and pavement, 28' streets - $12.68 per L.F.; $1.00 per S.F.
for sidewalks and $3.35 per S.F. for driveways for both width streets. Mr.
Smith stated that all property owners have been notified of their assessments
and of this public hearing, and since this is funded by CDBG funds, it will be
possible for funds for the assessments to be provided from that source for
property owners who occupy their property and are qualified according to their
family income for this consideration. He noted that this also applies to owners
who rent property to families who are income eligible.
Mr. Smith noted that the contractor will have 210 working days to complete
the project, and the assessments will not be due until the completion of the
project, at which time they may pay in full or they may take 5 years to pay
their assessments, or in the case of hardship, 10 years, at an interest rate of
9.24%. He stated that City personnel will contact each property owner to work
out their payment schedule.
In response to a Council Member's question, Mr. Smith explained that the
staff will recommend award of contract to the Chapman Company, and construction
will begin about June 1, 1986.
Mayor Jones made the observation that the property owners will pay
approximately one-third of the cost and inquired about the source of the City
funds for the remainder.
Mr. Smith explained that the assessment costs will be from the Street Bond
fund and the remainder of the cost will be from CDBG funds.
Mayor Pro Tem Best stated that the Salvation Army has a very large
assessment, and Mr. Smith stated that they were assessed based on the ordinance;
the property is not zoned or used for residential; and accordingly, they were
assessed at the higher rate of $18.03. Mr. Smith stated that on the George
Evans project the Salvation Army was allowed to execute a restrictive covenant
that if the land use ever changed, they would have to pay the difference between
Minutes
Regular Council Meeting
April 29, 1986
Page 18
the residential and commercial rate. He stated that if this is allowed again,
their assessment would be reduced by $8,992 and the difference would be paid by
CDBG since the roll would be reduced.
City Attorney George called as his next witness Mr. George Paraskevas.
Through questioning it was determined that Mr. Paraskevas is a certified
appraiser, licensed in the State of Texas, a certified real estate broker, and
he has been practicing real estate for 15 years. He stated that he is familiar
with the project and the assessments and he has examined each of the 178 items
on the roll and each piece of property. He stated that he is recommending no
assessments on three parcels (11147, #148, 11149) due to their irregular shape.
He stated that each parcel will be enhanced in at least the amount of the
assessment.
Mayor Jones called for comments from the audience.
Captain Tom Overton, Salvation Army, asked the Council to allow leniency in
the Salvation Army's assessment and allow them to execute a covenant and be
assessed the non-commercial rate.
A motion was made by Mayor Pro Tem Best that the Salvation Army be assessed
the non-commercial rate and that a covenant be executed with the City; seconded
by Council Member Strong.
Mayor Jones inquired if there were sufficient funds to handle this, and Mr.
Smith replied in the affirmative.
The motion passed as follows: Jones, Best, McComb, Mendez, Pruet, Slavik,
and Strong voting "aye"; Berlanga and Guerrero absent at the time the vote was
taken.
Mrs. Minerva DeLeon, 1007 14th Street, stated that everyone should be
assessed the same, and Mayor Jones explained that the Salvation Army would be
paying the same assessment rates as the other residents.
A motion was made by Mayor Pro Tem Best that the hearing be closed;
seconded by Council Member Strong; and passed unanimously.
Mr. Smith stated that the ordinance adopting the roll with the changes and
awarding the contract would be on the agenda next week.
Mayor Jones asked for a report on the extent of the assessment program in
the City.
* * * * * * * * * * * * *
Mayor Jones announced the public hearing on the contractual annexation of
10.93 acres out of Lots 23 and 24, Section 6, Flour Bluff and Encinal Farm and
Garden Tracts, owned by E.H. Moore Homes, Inc.
Minutes
Regular Council Meeting
April 29, 1986
Page 19
Mr. Larry Wenger, Director of Planning, displayed a transparency of the
area and stated that it was pre -zoned "B-4" and that a street is being
constructed on the south side of the tract. He stated that the area on the
north side has not been annexed yet, but Buckingham Estates to the north has
been and also Kings Crossing, which is in the vicinity.
Mayor Jones inquired if this would be "leap -frog" annexation, and Mr.
Wenger stated that it is not because the property in the area is in various
stages of the platting process and utilities have been constructed, therefore
there will be no increased cost to the City.
Mayor Jones called for comments from the audience; there were none; a
motion was made by Mayor Pro Tem Best to close the hearing; seconded by Council
Member Mendez; and passed by unanimously.
* * * * * * * * * * * * *
Mayor Jones announced the public hearing on two zoning cases.
12. Application No. 486-4, Estate of Blanche Davis Moore: For a change of
zoning from "AB" Professional Office District to "B-4" General Business
District on a tract of land being 3.491 acres out of Lot 16, Section 3,
Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of
Everhart Road, approximately 180' north of Williams Drive.
Assistant City Manager Tom Utter stated that in response to the 10 notices
mailed, 3 were returned in favor; none in opposition; and the Planning
Commission and Planning Staff recommend approval.
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.
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.
Assistant City Secretary Zahn polled the Council for their vote on the
ordinance effecting the zoning change as follows:
ORDINANCE NO. 19290
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE ESTATE OF BLANCHE DAVIS
MOORE BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 16,
SECTION 3, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FROM "AB" PROFESSIONAL
OFFICE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken.
Minutes
Regular Council Meeting
April 29, 1986
Page 20
* * * * * * * * * * * * *
13. Application No. 486-5, Estate of Blanche Davis Moore: For a change of
zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood
Business District on Tract 1, from "R -1B" One -family Dwelling District to
"B-4" General Business District on Tract 2, and from "R-2" Multiple
Dwelling District to "B-4" General Business District on Tract 3; Tract 1
being Lots 1 through 11, Block 11, Gardendale No. 3 and being 2.73± acres;
Tract 2 being 4.55± acres, and Tract 3 being 5.32± acres, Tracts 2 and 3
being out of Lots 9 and 10, Section 3, Flour Bluff and Encinal Farm and
Garden Tracts, located on the west side of South Staples Street and on the
northeast corner of Williams Drive and Burton Lane.
Mr. Utter stated that in response to the notices mailed, three were
returned in favor, 7 were returned in favor from outside the area of
notification, and 1 was returned in opposition. He stated that the Planning
Commission recommends denial of tract 1 and approval of tracts 2 and 3. He
stated that this was the Planning Staff's recommendation, but he would like to
modify that recommendation. He stated that the staff's recommendation regarding
tract 1 is to grant a special permit for all "B-1" uses subject to a provision
that there not be driveway cuts less than 150' apart and that there be 5' of
dedicated right-of-way.
Mr. Utter explained that the reason for the 150' distance between driveways
is that they anticipate Williams Drive becoming business and this will provide
adequate distance between driveways. He stated that they anticipate requests
for zoning changes to "B-1" and "AB" as there has been a tremendous amount of
property ownership changes on both sides of Williams. He stated that they are
asking for these restrictions and the staff will come back in the near future
with an ordinance that requires driveways be separated by 150' in business
zoning.
He stated that the 5' right-of-way requirement would allow a 48' wide
street with sidewalks on both sides. He stated he has talked to the developers
and they are in agreement.
In response to a question from Mayor Jones, Mr. Utter stated that the
recommendation for tracts 2 and 3 is "B-4" and a special permit for tract 1.
Mr. Utter stated that the ordinance before the Council now is to approve
"B-4" on tracts 2 and 3 and a separate motion for tract 1 is needed to bring
forth the ordinance next week.
A motion was made by Council Member McComb that the Council grant a special
permit for "B-1" uses with the provisions for 150' distance between driveways
and a 5' right-of-way dedication. The motion was seconded by Council Member
Pruet.
Minutes
Regular Council Meeting
April 29, 1986
Page 21
Council Member Pruet stated that there had been previous discussions
regarding 100' between driveways which would require two lots together and Mr.
Utter stated that 150' would require three lots together which would mean fewer
driveways, but the minimum they would recommend 100'.
Council Member Slavik asked why the staff changed their minds. She
referred to the minutes of the Planning Commission Meeting where the staff
states they do not recommend any business development on Tract 1.
Mr. Utter stated that a large percentage of the property on Williams is
being purchased by individuals he considers to be developers and there will be
increasing pressure for business development. He stated that the staff does not
like to see business encroachment in neighborhoods, but they realize that it is
inevitable and therefore, the City should adequately plan for this.
He stated that as long as the Blanche Moore tract develops, there will be
an increased amount of traffic on Williams; if a 48' street is installed and the
City works with the developers and possibly ties Williams into Corona and
prohibits too many driveways, they would have a workable solution to any
problems.
In response to a question from Mrs. Slavik, Mr. Utter stated that he
envisions both sides of Williams becoming commercial.
Mayor Jones repeated Council Member McComb's motion and asked for comments
from the audience.
Mr. Larry Urban, Urban Engineering, inquired that in the event Burton Lane
is relocated, would it be a public street and not a curb cut and Mr. Utter
replied in the affirmative. Mr. Urban clarified that only curb cuts would be
measured and not curb cuts and streets. Mr. Urban clarified that all of the
privileges of "B-1" zoning would be allowed except in relation to the 150'
driveway distance and the 5' dedication of right-of-way. Mr. Urban also
clarified that the intent of the special permit is to limit curb cuts and not
"B-1" zoning.
Mr. Ned Holmes, Chairman, Parkway Investments, inquired if the 150' limit-
ation applied to the balance of the lots, and Mr. Utter stated that unfortunate-
ly, the rest of the lots cannot be tied into the ordinance granting the special
permit. He stated that staff would not recommend any business zoning on
Williams that had a driveway cut closer than 150' to another driveway cut. He
stated that within 60 days they will have an ordinance before the Council on
driveways that specifically addresses Williams Drive. He reiterated that staff
would not recommend any business zoning on Williams that had driveways closer
than 150'.
Mr. Holmes inquired if the Council would approve that in concept, and no
Council Members indicated disapproval.
Ainutes
Regular Council Meeting
April 29, 1986
Page 22
Council Member Strong inquired if there were a one year time period on
special permits, and Mr. Utter stated that there would not be in this case
because "B-1" uses could mean a vacant lot.
Mr. Wenger stated that the special permit would have to address a certain
time period or it would expire in one year, and Mr. Briones stated that the
Council could specify a time period.
Mr. Holmes suggested a 10 year time period.
Council Member McComb and Council Member Pruet accepted the amendment to
the motion to limit the special permit to a 10 year time period.
Council Member McComb inquired if it would be in the City's best interest
to initiate zoning changes on Williams, and Mr. Utter stated that the staff
wants to limit driveway curb cuts, and the ordinance that will be forthcoming
addresses this issue.
Mr. Briones inquired of Mr. Utter how he would limit a property owner that
owned two lots to one driveway, and Mr. Utter pointed out on the transparency
how this would be done. Mr. Briones stated that zoning cannot be granted
conditioned upon driveways, and Mr. Utter stated that it could be done under
special permits. Mr. Briones stated that he did not see how this could be done.
Mayor Jones stated that this would be coming before the Council at a later
date and that this does not change the motion before the Council now.
Mr. Utter stated that the driveway issue would come before the Council as a
text amendment to the zoning ordinance as it relates to specific streets.
Council Member Mendez stated that the main objective is to prevent a
situation similar to Everhart from happening again.
Mayor Jones repeated the motion -- grant a 10 year special permit on Tract
1 for "B-1" uses with no driveways closer than 150' and dedication of 5'
right-of-way.
Council Member Pruet asked for comments on the status of the development of
the Moore property.
Mr. Holmes stated that they have had tremendous interest in the tract;
there are active negotiations on the proposal; within 60 days they will have the
concept of the first phase of development; it will be heavy retail oriented; it
will be a theme type center of very high quality; the balance of the tract will
be developed over a long period of time, probably 12 to 15 years; and he feels
it is the best piece of property in the southwestern part of the United States.
The motion to grant a special permit on tract 1 passed unanimously.
,4inutes
Regular Council Meeting
April 29, 1986
Page 23
City Manager Briones inquired if a screening fence would be required along
the area adjacent to the residential property, and Mr. Utter stated that that
would be a normal part of the ordinance.
Assistant City Secretary Zahn polled the Council for their vote on the
ordinance effecting the zoning change for tracts 2 and 3 as follows:
ORDINANCE NO. 19291
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE ESTATE OF BLANCHE DAVIS
MOORE BY CHANGING THE ZONING MPA IN REFERENCE TO TRACTS 2 AND 3, OUT OF LOTS 9
AND 10, SECTION 3, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R -1B"
ONE -FAMILY DWELLING DISTRICT ON TRACT 2 AND "R-2" MULTIPLE DWELLING DISTRICT ON
TRACT 3 TO "B-4" GENERAL BUSINESS DISTRICT; 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."
Council Member McComb pointed out that the real underlying value of the
development is that the income would be dedicated to the children of Corpus
Christi and Nueces County.
* * * * * * * * * * * * *
Acting City Manager Briones distributed a memorandum regarding the upcoming
budget review. He stated that there should be no increase in rates; the two
major sources for revenue for the general fund are property and sales tax; they
anticipate a growth of 3%; and with that increase, he anticipates funding
services at the same level except for garbage collection.
He stated that the rate of expenditures this year is a little bit ahead of
revenues, but this poses no problem as there was an opening balance. He stated
that there have been a number of requests for expanded services; they will
recommend what is felt as priority but they have no recommendation for funding.
Mr. Briones stated that he is not anticipating any major revenue changes.
Mr. Briones then introduced Mr. Oscar Martinez, Assistant Budget Director.
Council Member McComb referred to maintenance and upkeep of city vehicles,
and Mr. Martinez stated that this would be kept at its current level.
Mayor Pro Tem Best inquired if Mr. Martinez would supervise the budget, and
Mr. Briones stated that he assumed so, as he does not anticipate the employment
of a budget director prior to adoption of the budget.
In response to a question from Dr. Best, Mr. Martinez stated that $1.2
million is the City's minimum working balance and it was not used this year.
mutes
Regular Council Meeting
April 29, 1986
Page 24
Mr. Martinez stated that the beginning balance was $5.9 million and they
expect to end with $5.6 million.
* * * * * * * * * * * * *
Mayor Jones called for petitions from the audience.
Mr. Edward Vasquez, Royal Carriage Company, stated that the ordinance
regarding operation of horse-drawn carriages states that he cannot operate if
the temperature is over 85°.
Mayor Jones asked Mr. Vasquez to put his concerns in writing and the staff
would make recommendations to the Council.
Council Member Guerrero stated that Mr. Vasquez would like the Council to
ask the staff to work with him on the heat factors.
Mayor Jones reiterated that his concerns should be put in writing and
addressed to the staff.
Mr. Vasquez stated that every department he speaks to about this instructs
him to go before the Animal Advisory Board for recommendations, and Dr. Buttery
says they will not make any recommendations.
Mayor Jones again stated that he should address the staff in writing.
Council Member Slavik stated that the Animal Control Advisory Board is very
reasonable and she suggested he take his concerns to the board.
Mr. Briones stated that he would meet with Mr. Vasquez.
Council Member Strong stated that they cannot expect the staff to change
the ordinance, but she would like him to meet with Mr. Briones and that the
Council be provided with an update.
There being no further business to come before the Council, on motion by
Council Member Slavik, seconded by Council Member Pruet and passed unanimously,
the meeting was adjourned at 6:20 p.m., April 29, 1986.
/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 April
29, 1986, which were approved by the City Council on May 6, 1986.
WITNESSETH MY HAND AND SEAL, this the 112 day of " k
r\
Armando Chapa City SecreLYary
City of Corpus Christi, Texas