HomeMy WebLinkAboutMinutes City Council - 05/27/1986PRESENT:
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
MAY 27, 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 Council Member Strong, 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.
Mayor Jones call on Mr. Charles Irby, Chairman of the Cable Communications
Commission.
Mr. Irby stated that the commission has accepted the report of the
consultant TV engineer in regard to the franchise requirements related to Phase
II and the Commission finds Athena to be providing acceptable levels of service
and is in compliance with all franchise requirements; therefore, the Commission
unanimously agrees that the franchise should be extended.
Mr. Irby stated that there will be future recommendations regarding
promotion of access channels and related funding, possibly using a portion of
the franchise fee. Mr. Irby stated that the Commission would like to have an
employee assigned to deal with cablevision exclusively.
Acting City Manager Briones explained that there is an employee of the
Utility Department who works with the Commission and also Information Services.
Council Member Mendez referred to the public hearings that were held and
comments regarding service to the area of Old Brownsville Road.
!':R# ROFILMED
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Regular Council Meeting
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Page 2
Mr. Randy Grimes, Area Manager, Athena Cablevision, stated that the company
engineers are currently studying that area for consideration of providing
service; there is cable, but it is a commercial area.
Council Member Mendez inquired about the "bleed—over" problem that some
people experience.
Mr. Grimes stated that one of the
Channel 6 and Channel 10 transmitters,
of the last to be rebuilt. He stated
some settling, but after a couple
automatically adjust.
problems is the close proximity to the
and also the fact that that are was one
that after an area is rebuilt, there is
of months, these types of problems
Council Member Mendez stated that the problems with reception
alleviated.
Mr. Grimes stated that they had had several
but these were fixed quickly.
Council Member Slavik inquired if Mr. Irby
quickly enough to provide service to Padre Island.
Mr. Irby stated that the applications have
Communications Commission, and service will
December, 1986. Mr. Irby pointed out that the
exclusive.
should be
outages because of lightning,
felt that Athena was moving
been submitted to the Federal
probably be provided before
franchise with Athena is not
In response to a question from Mayor Jones, Mr. Grimes explained that the
FCC is involved in licensing due to the frequencies involved because of the
military installation.
Council Member Strong referred to the possibility of a conducting a survey
of subscribers and nonsubscribers.
Mr. Irby stated that the Commission
perceive the franchise. He stated that
$2,500 to $35,000.
really does not know how the citizens
the cost of a survey could range from
Mayor Jones asked what the purpose would be of a survey, and Council Member
Strong stated that it would be to find out the actual performance rating of
Athena as perceived by the public. She stated that Athena should want to know
why nonsubscribers remain as nonsubscribers, why people disconnect, etc.
In response to questions from Mayor Jones, Mr. Grimes stated that Athena's
growth rate has been approximately 9% to 11% per year; most disconnects are
those people who move out of town or to an apartment where cable is provided;
there are 48,656 subscribers; and Athena paid the City over $400,000 last year.
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Regular Council Meeting
May 27, 1986
Page 3
Council Member McComb referred to a letter he had received regarding
Channel 50, and Mr. Irby stated that there is an FCC and Supreme Court ruling
regarding such a station and it appears that it would be a non -broadcast entity.
He stated that the Commission has requested an opinion from the City Attorney's
Office regarding this station, but as of now, it appears Athena is under no
obligation.
In response to a question from Dr. Best, Mr. Grimes stated that average
time for hookup is 15 days.
Council Member Strong stated that in the area of public relations there has
been a lack of response on Athena's part, even though they are responding
adequately to the demands of the franchise.
Mr. Grimes stated that there is a new direction that the parent company is
taking; they are going through a reorganization from the group concept to the
divisional concept, which will create five new, separate companies which will be
governed by a Board of Directors; and there will be a change in the control of
the local area manager. He stated that the parent company has realized that in
the major market areas, more emphasis needs to be placed on public relations.
Acting City Manager Briones stated that the Council may wish to act on
motion 34, extending the franchise, at this time.
A motion was made by Council Member Mendez that the following be approved;
seconded by Council Member Slavik.
34. Approving the recommendation of the Corpus Christi Cable Communications
Commission to extend Athena Cablevision's franchise. This recommendation
is based upon a City consulting engineer's finding that Athena Cablevision
is in compliance with the Phase II electronic rebuild requirements.
Mayor Pro Tem Best inquired if this gives Athena better financial
stability, and Mr. Grimes replied in the affirmative.
There were no comments from the audience regarding the motion and it passed
as follows: Jones, Best, Berlanga, Guerrero, McComb, Pruet, Slavik, and Strong
voting "aye"; Mendez absent at the time the vote was taken.
A motion was made by Council Member Strong that the Cable Communications
Commission study the feasibility of conducting a scientific and statistically
valid survey of subscribers and nonsubscribers on the services provided by
Athena Cablevision and provide a report to the Council; seconded by Council
Member Slavik; and passed as follows: Jones, Best, Berlanga, Guerrero, McComb,
Pruet, Slavik, and Strong voting "aye"; Mendez absent at the time the vote was
taken.
* * * * * * * * * * * * *
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Regular Council Meeting
May 27, 1986
Page 4
Mr. Jeryl Funderburk, Director of Aviation, reported to the Council
regarding the emergency landing of Continental Airlines 727 at the Airport on
Sunday, May 25, 1986.
Mr. Funderburk stated that the plane was enroute to McAllen from Houston;
it had a problem with the left landing gear; it circled the Airport in order to
consume fuel; the plane was landed on Runway 13 with the nose gear down; it
landed on the right hand side of the runway; and the decision to land in Corpus
Christi was made because this City was better equipped than McAllen to handle an
emergency. He stated that 3 crash vehicles, 5 firetrucks, 6 AID ambulances, 2
Navy crash trucks, 1 Navy foam truck, several police units, and 1 helicopter
were on the scene.
Mr. Funderburk stated that response to the emergency was orderly and
disciplined and the Federal Aviation Administration is classifying this as an
incident, not an accident. He stated that the City received very good
assistance from the Navy and he could not say enough about the abilities of the
pilot.
In response to a question from Dr. Best, Mr. Funderburk stated that there
was no damage to the runway.
* * * * * * * * * * * * *
A motion was made by Council Member Mendez to approve the appointments of
Mr. Charles Thompson and Mr. Michael S. Lee to the Coastal Bend Health Faci-
lities Development Corporation through 4/1/88; seconded by Council Member Pruet;
and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, and
Pruet voting "aye"; Slavik and Strong absent at the time the vote was taken.
* * * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Motions, items 1
through 15.
Mr. Briones stated that item 10 has been withdrawn.
1. Approving specifications and authorizing bids be received on June 18, 1986,
for one 10" trailer mounted, diesel engine, raw sewage pump for Wastewater
Services Maintenance and Construction. The estimated cost is $25,000, and
funds were approved in the 1985-86 budget.
2. Approving specifications and authorizing bids be received on June 18, 1986,
for data processing cards and forms. The term 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 the Data
Processing Department. Estimated annual expenditure is $65,000. Funds
were approved in the 1985-86 budget.
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Regular Council Meeting
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Page 5
3. Approving a maintenance agreement for approximately 244 I.B.M. typewriters
based on low bid and best bid submitted by Business Products Supply for
$12,995. 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. Five bid invitations were issued, three bids were received.
Prices have increased from last year's price of $34.50 to $50.00 for the
majority of these machines which are selectric and bar type.
Business Products Supply
Item 1 (225) selectric & bar type @ $50/ea. (low bid)
Item 2 (4) wheelwriter 3 @ $80/ea. (best bid)
Item 3 (15) wheelwriter 5 @ $95/ea. (best bid)
GRAND TOTAL: $12,229
4. Approving the purchase of four 7.5 hp, 4" sewage pumps and two 3.0 hp, 4"
sewage pumps from Process Engineered Equipment Company, based on low bid
for a total expenditure of $12,550. These pumps will be used by Wastewater
Services as replacement pumps in the wet wells on North Beach and at the
L -Head. Funds were approved in the 1985-86 budget.
5. Approving the purchase of two 1250 GPM, Class A, Pumper Trucks for the Fire
Department from Riggs First Line Equipment based on low bid of $239,782.
These units are to be placed at the Weber/Saratoga and Padre Island fire
stations. Funds have been appropriated out of the 1982 Fire Department
Building Bond Fund.
6. Approving the purchase
control from Club Turf
fertilizer will be used
invitations were issued,
the 1985-86 budget.
of 27,225 lbs. of fairway fertilizer with weed
Company based on low bid of $16,062.75. The
on both City Municipal Golf Courses. Seven bid
two bids were received. Funds were approved in
7. Approving plans and specifications and authorizing the receipt of bids on
June 24, 1986, for South Guth Park Improvements. Proposed improvements
include a 7 -foot wide hiking trail, modular play unit, kiosk, 6 -foot wide
boardwalk with observation decks, picnic shelters, pedestrian bridge, paved
parking areas, an irrigation system, and planting of mesquite trees. A 50%
matching grant has been received from the Texas Park and Wildlife
Department for this project.
In regard to item 7, Mr. Terry Dopson, Director of Park and Recreation,
displayed a rendering of South Guth Park and pointed out the location of each of
the improvements.
8. Approving plans and specifications and authorizing the receipt of bids on
June 24, 1986, for the Ben Garza Gymnasium and Meadow Park Recreation
Center Improvements. The work will include the replacement of four A/C
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Regular Council Meeting
May 27, 1986
Page 6
roof units at Ben Garza Gym, roof repairs to both the Ben Garza Gym and
Meadow Park Recreation Center, and an approximate 1,150 square foot
building addition to the Meadow Park Health Clinic. Funds for this work
are available in the 8th, 9th, and llth Year Community Development Block
Grant Funds.
9. Approving the following actions on the Lindale, Zavala Senior Citizens
Center Parking Lot Improvements and the City Service Center Heavy Equipment
Repair Slab project:
a. The projects be accepted and remaining funds from this portion of the
contract, $5,922.35 be authorized for payment to the contractor,
Triangle Constructors and Demolition, Inc.
b. The City Engineer be authorized to release payment to the contractor
for paving the public alley behind the Channel 3 TV Station and Omaha
Appliance Center properties when the work has been satisfactorily
completed. This paving work was added to the contract by change order
on May 20, 1986.
The Lindale and Zavala parking lots are being funded by 11th Year Community
Development Block Grant Funds. The heavy equipment slab is funded from the
Maintenance Services Operating Budget. The total cost of this work is
$59,223.52.
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*Withdrawn - See page 4.
11. Authorizing the acquisition of a parcel of land (#4) located at 400 King
Street for the South Bluff Park Expansion project. Funds for this
acquisition have been appropriated from the 11th Year CDBG Program.
12. Approval of 50% participation with Kinney's Landing Venture in the cost of
demolition of the improvements located at 202 N. Mesquite, in an amount not
to exceed $9,303, and authorizing the City Manager or his designee to
execute a contract with Kinney's Landing Venture for reimbursement of the
demolition cost. This project would be funded from the City's Demolition
Program under the Community Development Block Grant Program.
13. Authorizing the City Manager, or his designee, to enter into a landscape
architecture/engineering services contract with Epsey, Huston, and
Associates, Inc., and Bechtol, Hoffpauir, and Ehrler, Inc. to perform all
architectural and engineering services necessary to properly develop
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Regular Council Meeting
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Page 7
studies, designs, and plans specifications for renovation and drainage
improvements to the Gabe Lozano Sr. Golf Course and the Oso Golf Course.
Funds are available from the Golf Course Improvement Program to cover the
cost of the preliminary phase in the contract amount of $35,600.
14. Authorizing the City Manager, or his designee, to execute an agreement with
the Corpus Christi Arts Council for a grant in the amount of $10,000 as
recommended by the Municipal Arts Commission. In return for these monies,
the Arts Council would provide certain programs and services to the local
arts community in addition to the provisions of the current contract with
the City. The $10,000 is available as the unexpended balance of the
$25,000 budgeted for matching grants for art and cultural projects in the
FY 1985-86 Tourist and Convention Development Fund Budget.
15. Recommending that a public hearing be held on June 16, 1986 by the Director
of Planning in the Committee Room, City Hall, 8:30 A.M., and that a second
public hearing be held on June 17, 1986 by the City Council at 2:00 P.M. in
the Council Chamber on the contractual annexation of 16.3 acres of land out
of Lots 17, 18, 25, 26 and 31, Section 6, and Lots 1-4, Section 7, Flour
Bluff Encinal Farm and Garden Tracts.
fair
that
In regard to item 10, Mr. Rick Bolish, 4229 Archdale, stated that it is not
that Allison Carpets be allowed to bid on the large piece of carpeting in
they already know what the other companies have bid.
Mayor Jones stated that this item has been withdrawn in order that the
other companies would be allowed to bid, and Council Member Guerrero stated that
all contractors should have the same option.
Assistant City Manager Lontos stated that this will be withdrawn and that
he too, is concerned about the bidding process.
There were no further comments
Council Member Guerrero that items 1
seconded by Council Member McComb;
Berlanga, Guerrero, McComb, Mendez,
absent at the time the vote was taken.
from the audience; a motion was made by
through 9 and 11 through 15 be approved;
and passed as follows: Jones, Best,
Pruet, and Slavik voting "aye"; Strong
* * * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Ordinances, items 16
through 26.
Council Member Guerrero urged that the Council vote against Ordinance 22,
granting a special permit for "B-1" uses, excluding a liquor store and
on -premise consumption of alcoholic beverages on Lot 1, Block 2, Washington
Addition. He stated that this area already has problems regarding alcohol and
drug abuse.
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Regular Council Meeting
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Page 8
Council Member Slavik referred to a letter from the Texas Alcoholic
Beverage Commission, and Mr. Guerrero stated that the Council was provided that
letter from TABC because he had made the statement last week that an application
had been filed for a license on the subject property. Council Member Slavik
stated that she will support the neighborhood in this situation because of the
existing problems.
Mayor Jones stated that he will support the special permit, because he
feels that impositions should not be made on select pieces of property.
Council Member Berlanga stated that he would support the ordinance because
the Council should not tell an individual what he can or cannot do with a piece
of property.
In response to a question from Mayor Jones, Mr. Briones stated that the
special permit would allow a 7-11 type operation, but it would exclude
restaurants that sell alcoholic beverages.
Council Member Guerrero stated that the problem in this area is unique
because off -premise consumption laws are not obeyed in this neighborhood as has
been proven by the issuance of 72 citations by TABC.
Mayor Jones stated that there should not be different standards for this
side of town as compared to the south side, and Council Member Guerrero stated
that the Council has to set standards for the right and wrong use of zoning.
Council Member Mendez stated that the situation is different in this
neighborhood; a 7-11 or HEB is not going to locate there; the TABC laws are not
being enforced; until the laws that are existing are enforced, the Council
should deal with the situation in the best fashion, until the current laws are
enforced; and there are two establishments across the street that are violating
the current laws.
Mayor Jones asked what it would take to remedy the situation, and Mr.
Mendez stated that the current laws should be enforced and violators put in
jail.
Mayor Jones inquired if it was against the law to drink a beer on the
sidewalk, and Mr. Briones stated that it was not.
Council Member Mendez stated that the store owner could call the police to
report violations, but the owner is not going to report his customers.
Council Member Berlanga stated that the problem of drinking outside of the
store should be addressed and the Council should not make an example by
restricting this piece of property.
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Regular Council Meeting
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Page 9
Council Member Strong agreed that the problem is enforcement of the
existing laws. Mrs. Strong stated that selective zoning should not be used to
enforce other laws.
Council Member Slavik stated that it is an unfortunate situation, but it
will not be improved by passing the ordinance. She stated that the community
should get organized and place peer pressure on the establishments violating the
laws.
Council Member Pruet stated that the neighborhood representatives should be
commended for bringing this situation accurately to the Council, but he did not
feel that denying this zoning case would change the situation. He suggested
that the neighborhood representatives take their concerns to the police and
other agencies to remedy the situation. He stated that by using zoning to
control the situation would set a precedent.
Council Member McComb stated he voted against this because the zoning is
wrong. He stated that in his opinion, TABC is not doing their job. Council
Member McComb suggested that the City initiate zoning cases in this area to
eliminate "B-1."
It was noted that the 20% rule was in effect, thus requiring 7 affirmative
votes to pass the ordinance.
Mayor Jones stated that there are two issues - one relating to zoning and
one relating to alcohol. He stated that what the Council is trying to do
reminds him of prohibition, and just as prohibition did not stop alcohol from
being consumed, this will not stop it either.
Discussion followed regarding the property across the street and Mr. Wenger
stated that it is a non -conforming use.
Council Member Pruet suggested that a letter be sent to TABC from the City
Manager asking for enforcement.
Council Member Guerrero stated that this would be good, but noted that this
is a highly political situation. He stated that the Sheriff's Department,
Police Department, and TABC have all issued citation, but the stores keep
opening under different individual names.
Mayor Jones called for comments on Ordinance 22.
Mr. Dickie Valdez, 4353 Molina, stated that if the Council lived in the
neighborhood, they would feel the same as the residents and would not want the
zoning change.
Mayor Pro Tem Best suggested to Mr. Valdez that the residents organize and
put pressure on those who are violating the law.
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Regular Council Meeting
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Page 10
Council Member Guerrero stated that peer pressure is not possible because
these people fear for their lives no one is going to approach 15 thugs
drinking beer on the street.
Mr. David Noyola urged the Council to vote against the ordinance.
Mrs. Betty Brandesky, 4017 Cork, urged the Council to vote against the
ordinance.
Council Member Berlanga stated that if this is denied, a precedent would be
established.
City Secretary Chapa polled the Council for their vote and the ordinance
failed to pass as follows:
22. ORDINANCE - FAILED TO PASS
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MR. AND MRS. JOHN DAVIS BY
GRANTING A SPECIAL COUNCIL PERMIT FOR "B-1" NEIGHBORHOOD BUSINESS DISTRICT USES
EXCLUDING A LIQUOR STORE AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES ON
LOT 1, BLOCK 2, WASHINGTON ADDITION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance failed to pass by the following
vote: Jones, Best, Berlanga, McComb, Pruet, and Strong voting "aye"; Guerrero,
Mendez, and Slavik voting "no."
There were no comments on the remaining ordinances. City Secretary Chapa
polled the Council for their vote and the following were passed:
16. ORDINANCE NO. 19327
AMENDING ORDINANCE 19205, DATED FEBRUARY 25, 1986, WHICH ESTABLISHED THE
COMMISSION ON LITERACY, TO CHANGE THE COMMISSION MEMBERSHIP FROM 20 TO 21 WITH
THE ADDITIONAL MEMBER TO REPRESENT AN EDUCATIONAL INSTITUTION; 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.
17. ORDINANCE NO. 19328
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO
PARCELS 7a, 18, AND 32 FOR THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT AND TO
ACQUIRE SAID PARCELS FROM THE OWNERS, THE ELIJAH T. JORDAN ESTATE, THE BEULAH
SMITH ESTATE, AND CALISTA MARATEA; 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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18. ORDINANCE NO. 19329
APPROPRIATING $39,680.84 TO SUPPLEMENT $204,521.27 REMAINING FROM EXISTING
CONTINGENCY APPROPRIATIONS TO VARIOUS PROJECTS AS SHOWN ON EXHIBIT "A" TO
REIMBURSE THE GENERAL FUND FOR ENGINEERING SERVICES; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken.
19. ORDINANCE NO. 19330
APPROPRIATING $40,000 FROM THE PERMANENT ART TRUST FUND FOR THE PROVISION OF
PERMANENT WORKS OF ART AT THE NEW CITY HALL; AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION TO THE NATIONAL ENDOWMENT FOR THE ARTS FOR MATCHING FUNDS
IN THE AMOUNT OF $30,000 FOR THE PROVISION OF PERMANENT WORKS OF ART AT THE NEW
CITY HALL; 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.
20. ORDINANCE NO. 19331
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JERRY ALLEN, PROFESSIONAL ART
CONSULTANT, TO DEVELOP STANDARD PROCEDURES AND GUIDELINES FOR EXPENDING FUNDS
FROM THE PERMANENT ART TRUST FUND AND OTHER PUBLIC FUNDS FOR THE PURCHASE AND
COMMISSIONING OF PERMANENT WORKS OF ART FOR THE CITY OF CORPUS CHRISTI; APPRO-
PRIATING $2,000; 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.
21. ORDINANCE NO. 19332
ANNEXING A 10.93 ACRE TRACT OF LAND OUT OF LOTS 23 AND 24, SECTION 6, FLOUR
BLUFF AND ENCINAL FARM AND GARDEN TRACTS, OWNED BY E.H. MOORE HOMES, INC.; 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.
23. ORDINANCE NO. 19333
CLOSING AND ABANDONING AN 83 SQUARE FOOT PORTION OF THE 20 FOOT WIDE UTILITY
EASEMENT IN LOT 16, BLOCK 25, EGYPTIAN PLACE UNIT 2, SUBJECT TO THE PROVISIONS
LISTED BELOW; AND DECLARING AN EMERGENCY.
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Regular Council Meeting
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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. 19334
CLOSING AND ABANDONING A 4 FOOT WIDE BY 100.30 FOOT LONG PORTION OF THE 10 FOOT
WIDE UTILITY EASEMENT IN LOTS 10 AND 11, BLOCK 2, JOHN DUNN ONE ACRE TRACTS,
SUBJECT TO THE PROVISIONS LISTED BELOW; 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. FIRST READING
AMENDING CHAPTER 2, ADMINISTRATION, DIVISION 5, MUSEUM ADVISORY BOARD, SECTION
2-90, CREATED; MEMBERSHIP; TERMS; FILLING VACANCIES, SECTION 2-91, RULES OF
PROCEDURE; OFFICERS; COMPENSATION, AND SECTION 2-92, MEETINGS; FUNCTION;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The ordinance was read for the first time and passed to second reading as
follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye"; Guerrero absent at the time the vote was taken.
26. ORDINANCE NO. 19335
AMENDING CHAPTER 35, OIL AND GAS WELLS, SECTION 35-100, STORAGE FACILITIES, OF
THE CITY CODE, TO REQUIRE THAT EACH OIL AND GAS SEPARATOR OPERATING AT A
PRESSURE LESS THAN 250 PSI BE EQUIPPED WITH A PRESSURE RELIEF SAFETY DEVICE AND
EACH OIL AND GAS SEPARATOR OPERATING AT A PRESSURE OF 250 PSI OR GREATER BE
EQUIPPED WITH AT LEAST TWO PRESSURE RELIEF SAFETY DEVICES, ONE OF WHICH MUST BE
A PRESSURE RELIEF SAFETY VALVE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The ordinance was read for the third time and passed as follows: Jones, Best,
Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken.
A motion was made by Council Member Mendez that Mr. Daniel Noyola be
appointed to the Literacy Commission; seconded by Council Member Slavik; and
passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet,
Slavik, and Strong voting "aye"; Guerrero absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the following:
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Regular Council Meeting
May 27, 1986
Page 13
27. Approving an agreement with the Corpus Christi International Seamen's
Center, Inc., to lease lots 1 and 2, Block 60, Beach Addition, for a
twenty-year period subject to the construction of a suitable Seamen's
Center facility on the site and certain other conditions.
Assistant City Manager Bill Hennings spoke regarding item 27, lease with
the Seamen's Center, and stated that representatives of the Center have asked
the City to lease two lots for the purpose of providing a site for a new
Seamen's Center.
Mr. Hennings stated that the motion the Council is considering would
authorize an agreement to lease the land providing the center pays for clearing
the property, constructing the building, improving the site, and operating and
maintaining the building and grounds. He stated that plans for the building
would have to be approved by the Council and upon completion, the improvements
would be conveyed to the City and the City would enter into a lease agreement
for 20 years. He stated that the Center would agree to permit the use of the
building by the City for public use; they could, if desired, carry out food and
beverage concessions; and the Center would hold the City harmless of any
liabilities.
Mr. George Dawson, President of the Seamen's Center, provided information
regarding the number of seamen that visit the City and their economical impact.
Mr. Dawson stated that the Seamen's Center is a recipient of a grant from the
Kennedy Foundation; the Foundation is anxious that the monies be used; it would
cost more to renovate their current building than construct a new one; and they
would like the use of the lots at Fitzgerald and Mesquite Streets. Mr. Dawson
displayed a drawing of the site and stated that the building would be a
Victorian reproduction and would set a standard for other properties located
near Heritage Park.
Mayor Jones referred to Mr. Henning's memorandum in which he states that
the two lots may not be large enough, and Mr. Dawson stated that they would
prefer the three lots together, but they feel confident that they will be able
to purchase the third lot. Mr. Dawson stated that the building will have a
double garage on the inside and will have four parking spaces. He stated that
seamen do not have vehicles and noted that there is a parking lot across the
street from the property.
In response to a question from Mayor Jones, Mr. Dawson stated that the
building would be used by other groups for meetings such as the Ministerial
Alliance, United Way, and others.
Mr. Dawson explained that every ship that goes through port is assessed $40
which goes to the Center.
Council Member McComb inquired if any land was available from the Port or
if this was discussed.
ciinutes
Regular Council Meeting
May 27, 1986
Page 14
Mr. Dawson stated that it is necessary for the Center to be on this side of
the ship channel and there is no port land available there.
Council Member Slavik referred to vacant warehouses owned by the Port, and
Mr. Dawson stated that those are under the control of Corpus Christi Public
Compress; they discussed the use of the warehouse; but Corpus Christi Public
Compress was not interested.
Council Member Slavik stated that the Seamen's Center is a worthy cause,
but she is concerned that a study has not been done regarding the expansion of
the area. She stated that she would like City boards to review this to see if
there is anything the City might use the land for.
Mr. Dawson stated that he appeared
Park Board approximately 1} years ago,
the Center is the type of organization
Park; therefore, in his opinion, both
pointed out that the two lots are not a
before the Municipal Arts Commission and
and both boards agreed in principle that
they would like in the Bayfront Science
Boards have approved this. Mr. Dawson
part of Heritage Park.
Mayor Jones expressed the opinion that this item should be approved today
because it will be a major asset to the City. He stated that although there was
some concern about future plans for the Convention Center which might require
the use of these lots for parking purposes, Mr. Hennings feels that this would
not be anything but an addition. He stated that the Council would not
necessarily have to approve similar requests from other organizations.
Council Member McComb referred to a question brought up during the morning
Workshop Meeting to the effect that bond funds were used for acquisition of this
property, and if this is approved, funds will, in effect, be taken from that
source to purchase a piece of property and in turn lease it to another
organization. He stated that he questions the legality of the process, and that
he is still concerned that other organizations might approach the Council with
similar requests. He inquired as to how the Council could defend their position
of leasing property which was purchased for parking and expansion of the
Convention Center.
Mr. Hennings noted that the only parallel was the plan to lease the old
service station to be developed by a private company for use as a restaurant,
which was previously approved by the Council.
City Attorney George explained that he, too, had a question about the
legality of the proposed use until he read a statement in Mr. Hennings'
memorandum that "Development of a small facility on this corner would not
significantly affect the optimum development of parking facilities or other
Convention Center support facilities on the remainder of the property north of
Fitzgerald Street." He stated that he agreed that this project would not
interfere with the purpose for which it was intended.
riinutes
Regular Council Meeting
May 27, 1986
Page 15
Mayor Jones commented that 30,000 seamen coming to the City and visiting
the Seamen's Center could be interpreted as visitors to the Convention Center
facility.
Council Member Berlanga asked about the consequences if the Seamen's Center
cannot acquire the other lot for parking purposes, and Mr. Dawson explained that
their clients usually do not have cars and perhaps the parking requirement could
be waived by the Council or through the planning process.
Council Member Strong pointed out that the City has a tradition of long
standing of leasing City property to this group; the property in which they are
now located is prime property; and for the Council to agree to their expanding
that property would probably not be wise.
A motion was made by Council Member Strong that Item 27 be approved;
seconded by Council Member Berlanga.
Mayor Jones called for further comments from the audience.
Mrs. Edwin Singer, 3642 Aransas, displayed a map of the area and referred
to the lots that are being considered; the Seamen's Center is presently
occupying prime property on Water Street; and they just want to exchange this
location for a small piece of property on North Mesquite that is not a prime
area.
Ms. Joanne McNeil also spoke in favor of this lease agreement because of
the number of merchant seamen who arrive in Corpus Christi, expressing the
opinion that they are similar to any other tourists in that they spend money in
the City and they need a place to go for recreation.
Captain Fred J. Herbert expressed appreciation to the Council for
considering this and stated that he feels that a new Seamen's Center will
enchance this area.
Mayor Jones called for the vote on the motion to approve, and it passed
unanimously.
28. Approving a five-year agreement, effective August 1, 1986, with Harbor
Playhouse, Inc., for promotion of stage productions and theatre programs
for the public at affordable prices, and paying Harbor Playhouse, Inc., up
to $25,000 annually as provided each year in the City's operating budget.
In regard to item 28, agreement with the Harbor Playhouse, Council Member
Slavik questioned the source of funds for the $25,000.
Acting City Manager Briones stated that Tourist and Convention Development
Fund budget for fiscal year 1986-87 is being prepared to include $25,000 for
this item. He stated that this is not something the staff recommended, but that
riinut e s
Regular Council Meeting
May 27, 1986
Page 16
representatives of the Harbor Playhouse asked the Council to consider providing
support and the Council approved their request. Mr. Briones pointed out that
there were extensive discussions by the Council regarding this.
There were no comments from the audience; a motion was made by Council
Member Strong that item 28 be approved; seconded by Mayor Pro Tem Best; and
passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and
Strong voting "aye"; Guerrero absent at the time the vote was taken.
29. Consideration of an appeal of the Building Standards Board order concerning
the building at 2861 Lawnview.
Mr. Briones stated that a 180 day extension is acceptable to both parties.
A motion was made by Council Member Mendez that a 180 day extension be
granted; seconded by Mayor Pro Tem Best.
It was clarified that if compliance is not met in this time period, the
City would proceed with demolition.
Mrs. Ida Neary stated that she lived next door to this property; it has
been in bad condition for 16 years; it is overgrown with weeds; branches from
dead trees on this property hang on her roof; and the area is infested with rats
and possums.
Mr. Elizondo stated that the last time the city cleaned the property, a
lien was filed because the owner did not pay. Mr. Elizondo explained that the
180 day extension actually allows her 30 more additional days over what the
Board granted.
Council Member Strong stated that the owner should be allowed to clear the
property, if she has a true commitment, but she should not be allowed 6 months
to do it. She stated that she will not vote for the 180 day extension, unless a
provision is added that the weeds and rubbish will be cleared immediately and a
lien be placed on the property.
Council Member Mendez stated that he would accept that as a friendly
amendment to his motion.
Mr. Herbert Hawkins, Attorney representing the property owner, Mrs. Rowe,
stated that this appeal is based on a hardship case; Mrs. Rowe's income is less
than $3,000 per year; and she is financially and physically unable to do
anything about the property. He stated that this extension was requested so
that an attempt could be made to sell the property.
Council Member McComb stated that in view of Mr. Hawkins' comments, the
appeal should be denied and that Neighborhood Improvement be instructed to
proceed with the demolition program.
.Minutes
Regular Council Meeting
May 27, 1986
Page 17
Council Member Slavik stated that since this property qualifies under the
demolition program, this should be done.
Mr. Hawkins stated that his client would prefer the extension, noting that
she wants to sell the property with the house on it, even though it does not
have much value.
Mr. Elizondo displayed slides of the property.
Council Member Pruet stated that the property would probably be more
valuable without the buildings on it. He stated that he is in favor of denying
the appeal.
Mrs. Betty Brandesky, 4017 Cork, stated that there was a similar case on
Greenwood where the property wasn't in as bad a condition as this and the
buildings were demolished. She stated that in her opinion, the buildings should
be demolished.
Mr. Hawkins stated that Mrs. Rowe has been approached by a buyer, and that
she agrees with demolishing the buildings after the 6 -month extension, has
expired.
Mayor Jones suggested that a staff member talk to Mrs. Rowe about
demolition.
Discussion followed regarding whether or not Mrs. Rowe had obtained proper
appraisals on her property.
Mr. Hawkins referred to the condition of the Old Courthouse, and noted that
the Council had given the owner of the building many extensions.
Council Member Mendez pointed out that the extension allows Mrs. Rowe time
to decide what she wants to do.
Mr. Hawkins stated that he would meet with Mrs. Rowe about the feasibility
of demolishing the buildings now.
There were no further comments and the motion passed unanimously.
32. Amending prior to third reading, the ordinance adding Section 23-74,
Smoking Prohibitions to Chapter 23 of the City Code, so as to reduce the
number of required signs and eliminate the specification requirements for
size and wording on signs; to clarify that the requirement to protect signs
from damage is limited to reasonable actions by management; to clarify the
definition of private events which are exempt from the ordinance; to
clarify that residential buildings, including guest room areas of hotels,
are exempt from the ordinance; *¢std/,6aadbA//a/n//e5de dildd/Sd1/‘16616$EtA/f7X1b
�d��16y1 hbl �tu'o5ta� /11H�d l f 6dtl kfi¢Abi�kk,�/ /f/r/otd /tlNd / t��d1�t tbd/ bk/ /s6o'o'k/i/d� /i�d / tM�
s4bt1Eyl44j1 *Note: This section deleted by motion - see page 18.
ninutes
Regular Council Meeting
May 27, 1986
Page 18
Council Member McComb referred to the motion to amend the smoking ordinance
to exempt employers with no more than four employees and stated that he is
opposed to this portion of the amendment.
A motion was made by Council Member McComb that the reference to no more
than four employees be eliminated from the motion to amend; seconded by Council
Member Strong.
Council Member Mendez asked what the intent was of Mr. McComb's motion, and
Mr. McComb stated that the employees should be able to have clear air.
Mayor Jones stated that the intent of the original amendment is to
alleviate harassment of small employers.
Council Member Strong pointed out that individuals in a small office would
have no recourse if they did not smoke, and that is discrimination.
In response to a question from Council Member Guerrero regarding smoking in
malls, Assistant City Manager Hennings stated that retail areas are considered
prohibited areas, but a non-public area in the mall would be governed as a
workplace and the owner could designate an office as a smoking area.
Mr. Hennings stated that the purpose of exempting places with no more than
four employees was to avoid imposing a burden on small businesses. He stated
that it was felt that four people would be able to find a solution among
themselves.
Council Member Slavik stated that the idea of exempting offices with no
more than four employees would be more realistic. She stated that since the
restrooms are prohibited areas, there might be no place for an individual to
smoke.
Council Member McComb's motion passed as follows: Jones, Berlanga,
Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Best and Slavik voting
"no."
A motion was made by Council Member Slavik to approve item 32; seconded by
Council Member Pruet.
Mrs. Betty Brandesky, 4017 Cork, asked for a definition of private events.
Mr. Hennings explained that there is a separate ordinance that covers
events in the Coliseum and Convention Center. He stated that if it is a private
party, for instance, at the VFW hall, smoking could be permitted, but if it was
the same party at the Convention Center, 50% of the area would be designated as
non-smoking.
Dr. Marcella Rodriguez, Director of Occupational Health, clarified private
function and public function.
Minutes
Regular Council Meeting
May 27, 1986
Page 19
Mr. Clay Moore stated that no matter what is done, there will be
complaints.
The motion to approve item 32 passed as follows: Jones, Best, Berlanga,
McComb, Pruet, Slavik, and Strong voting "aye"; Mendez and Guerrero absent at
the time the vote was taken.
Mrs. Brandesky stated that it was not right for the Council to tell a
private business what it can do.
30. Approving plans and specifications and authorizing the receipt of bids on
June 24, 1986, for the construction of a Tourist Information Center in
Nueces River Park. The approximate 1,600 square foot frame building
proposed under this project will contain public restrooms, an office space,
and an area where exhibits can be displayed to illustrate local events
and/or places of interest. The project also includes the construction of a
seven space parking lot.
A motion was made by Council Member Mendez that item 30 be approved;
seconded by Council Member Strong; and passed as follows: Jones, Best,
Berlanga, McComb, Mendez, Slavik, and Strong voting "aye"; Guerrero and Pruet
absent at the time the vote was taken.
31. Amending prior to second reading, the contract between the City and the
Corpus Christi Area Economic Development Corporation by: deleting "the
Municipal Industrial Board" on page 1, Purpose; substituting: "quarterly"
for "twice" on page 2, Reports; and adding: "or such other number as agreed
by the governmental entities contributing to the Corporation agree" after
"persons" and before "to" on page 3, Directors.
A motion was made by Council Member McComb that item 31 be approved;
seconded by Council Member Slavik.
Council Member Berlanga stated that he feels the City should have the
majority of appointments to the Board of Directors of the Corpus Christi Area
Economic Development Corporation because the City is the largest contributor.
Council Member Mendez stated that the most important issue is the service
provided to the community, and that the Council should consider the Mexican
Chamber of Commerce when appointments are made.
Council Member Slavik stated that the Council will provide substantial
funds to this Corporation and can also cancel the contract. She stated that the
Corporation should be given a chance to prove itself.
The motion to approve item 31 passed as follows: Jones, Best, Guerrero,
McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga absent at the
time the vote was taken.
.inures
Regular Council Meeting
May 27, 1986
Page 20
* * * * * * * * * * * * *
Mayor Jones called for comments from the audience on Regular Ordinances 33
through 36.
Council Member Slavik stated that she is still concerned about using gas
airconditioning instead of electric at the Airport.
City Secretary Chapa polled the Council for their vote and the following
were approved:
33. ORDINANCE NO. 19336
AUTHORIZING THE EXECUTION OF A CONTRACT WITH CJB CONSTRUCTION, INC. FOR THE
AIRPORT TERMINAL EXPANSION AND CONCOURSE EXTENSION PROJECT; APPROPRIATING
$3,129,197.48 AND AUTHORIZING $26,517 FROM THE AIRPORT RESERVE APPROPRIATION FOR
A TOTAL OF $3,155,714.48; 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."
35. SECOND READING
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CORPUS CHRISTI
AREA ECONOMIC DEVELOPMENT CORPORATION FOR THE OPERATION OF THE BUSINESS
DEVELOPMENT ACTIVITY.
The ordinance was read for the second time and passed to third reading as
follows: Jones, Best, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye"; Berlanga "no."
36. ORDINANCE NO. 19338
AMENDING CHAPTER 23, HEALTH AND SANITATION, BY ADDING SECTION 23-74, SMOKING
PROHIBITIONS, OF THE CITY CODE, TO PROTECT CITIZENS BY PLACING RESTRICTIONS ON
SMOKING WITHIN THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
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 announced the public hearing on the closure of a 60 -foot wide
by approximate 130 -foot long section of Brett Street east of Jean Street.
Minutes
Regular Council Meeting
May 27, 1986
Page 21
Assistant City Manager James K. Lontos stated that the request to close
this dead-end stub street is being made in connection with the platting of the
Oakhurst Plaza development, and that the staff offers no objection to the
closure subject to the entire width of the street being retained as utility
easement and payment of the fair market value for the closed right-of-way in
accordance with the street closure ordinance. He stated that this request is
made in order to comply with the Platting Ordinance which requires that a stub
street must either go through the development or it must be developed into a
cul-de-sac. He stated that the development of Oakhurst does not need the
extension of Brett Street nor the cul-de-sac.
Mr. Lontos stated that after the closing the property would revert to the
property owners to the north and south; they would have to pay for the
right-of-way; it is possible that neither property owner wants the ROW;
therefore, Oakhurst Plaza is willing to pay for the ROW; and the staff has no
objection to this. He stated that the property owner to the south has no
objection to this, but Stewart Title Company does have access through Brett and
subject to resolution of access by Stewart Title Company, the staff would offer
no objections to the closure.
At the request of Council Member Strong, Mr. Lontos pointed out the
proposed extension of Tiger Lane, which is adjacent to Oakhurst Plaza.
Mr. Chip Karmer, Stewart Title Company, stated that he is opposed to the
street closing because it is used for access to the company and he would like
the street to remain as it is.
Mr. Lontos stated that this problem needs to be resolved and the Council
could approve the closure subject to resolving the access problem for Stewart
Title Company and resolving who would get the right-of-way.
A motion was made by Council Member Pruet that the street closing be
approved subject to the conditions mentioned by Mr. Lontos; seconded by Council
Member Slavik.
Mr. Karmer questioned the appraisal of the right-of-way, and Mr. Lontos
stated that he could provide a separate appraisal.
Mr. Lontos stated that an ordinance would be brought before the Council if
and when the details regarding access and designation of right-of-way are
resolved.
Mr. Rick Haynes, Urban Engineering, representing Oakhurst Plaza, stated
that he has spoken to Stewart Title Company and they cannot come to an agreement
regarding this property. He stated that they need this street closed in order
to comply with the Platting Ordinance.
..inutes
Regular Council Meeting
May 27, 1986
Page 22
Mr. Lantos displayed a transparency of the property showing a cul-de-sac at
the end of Brett Street and how it would cut through the building that is to be
constructed at that location.
Council Member McComb inquired if a waiver could be granted and Mr. Lontos
stated that the ordinance would have to be amended. Mr. Lontos stated that if
it is closed, it would be retained as a public easement and Oakhurst Plaza would
provide a driveway.
Mr. Lontos stated that he would not recommend closure if a solution cannot
be found that is satisfactory to Stewart Title Company.
Mr. Haynes stated that an offer was made to Stewart Title Company to pay
for their right-of-way and to provide them the same type of access that they
currently have.
Mr. Bob Cowan, 3722 Bentwood, President of Oakhurst Development, stated
that the street should be allowed to remain as it is. He stated that they just
want egress to the property and the traffic would flow as it does now. He
stated that Stewart Title Company wanted him to pay for the property, but not
allow him to use it. He stated that the property owner to the north side is in
agreement, but half of a street cannot be closed. He stated that they had no
choice but to ask for the closure in order to be in compliance with the Platting
Ordinance.
At the request of Mayor Jones, Mr. Lontos explained that the Platting
Ordinance requires that stub streets must be extended or a cul-de-sac be
constructed. He stated that staff does not want to change this requirement
because it would set a precedent.
Mr. Lontos stated that he feels a meeting could be held with staff, Stewart
Title Company, and the developers to come to a solution, and if an agreement is
not made, he would not recommend closure.
Discussion followed regarding Center Street, which runs directly into the
parking lot of Lamar Park Shopping Center.
In response to a question of Council Member Strong, Mr. Lontos stated that
this requirement has been part of the Platting Ordinance since the 1950's.
A motion was made by Council Member Mendez that the hearing be closed;
seconded by Council Member McComb and passed unanimously.
Council Member Pruet's motion passed by the following vote: Jones, Best,
Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken.
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
May 27, 1986
Page 23
38. Amendment to the Platting Ordinance: Amending Section VI, Exceptions, by
adding a new subsection exempting public school districts from payment of
certain development fees associated with the platting of developed school
sites.
Assistant City Manager Tom Utter stated that this amendment will directly
affect CCISD; CCISD has many unplatted school sites; this amendment will exempt
21 sites from the fees of the platting ordinance; but it does not affect future
sites.
There were no comments from the audience; a motion was made by Mayor Pro
Tem Best to close the hearing; seconded by Council Member Mendez; and passed as
follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Slaving voting
"aye"; Guerrero and Strong absent at the time the vote was taken.
City Secretary Chapa polled the Council for their vote as follows:
ORDINANCE NO. 19339
AMENDING PLATTING ORDINANCE 4168, SECTION VI, EXCEPTIONS, AS AMENDED, BY ADDING
A NEW SUBSECTION EXEMPTING PUBLIC SCHOOL DISTRICTS FROM PAYMENT OF CERTAIN
DEVELOPMENT FEES ASSOCIATED WITH THE PLATTING OF DEVELOPED SCHOOL SITES; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, McComb, Mendez, Pruet, and Slaving voting "aye"; Guerrero and
Strong absent at the time the vote was taken.
* * * * * * * * * * * * *
39. Application No. 486-15, Mr. L. H. Daniels: For a change of zoning from
"R -1B" One -family Dwelling District to "B-4" General Business District on a
tract of land being 1.598± acres remaining out of Lot 2, Shell Road Poultry
Acres, located on the south side of the Interstate Highway 37 frontage
road, approximately 200' west of Violet Road.
Mr. Utter stated that in response to the 6 notices mailed; 1 was returned
in favor; none were returned in opposition; and the Planning Commission and
Planning Staff recommend approval.
There were no comments from the audience; a motion was made by Mayor Pro
Tem Best to close the hearing; seconded by Council Member Mendez; and passed as
follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye"; Guerrero absent at the time the vote was taken.
City Secretary Chapa polled the Council for their vote as follows:
.•linutes
Regular Council Meeting
May 27, 1986
Page 24
ORDINANCE NO. 19340
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF L.H. DANIELS BY CHANGING THE
ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 2, SHELL ROAD POULTRY ACRES FROM
"R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken.
* * * * * * * * * * * * *
40. Application No. 486-16, Mr. Leopoldo Torres: For a change of zoning from
"R -1B" One -family Dwelling District to "B-1" Neighborhood Business District
on a tract of land lying in Tracts 3 and 4, David Brown Subdivision, and
which is a part of Lot 13, Section L, Paisley Subdivision of the Hoffman
tract in Corpus Christi, Nueces County, Texas, located on the south side of
Baldwin Boulevard, approximately 300' east of South Port Avenue.
Mr. Utter stated that in response to the 13 notices mailed; 1 was returned
in favor; 1 was returned in opposition; and the Planning Commission and Planning
Staff recommend approval.
There were no comments from the audience; a motion was made by Mayor Pro
Tem Best to close the hearing; seconded by Council Member Berlanga; and passed
as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye"; Guerrero absent at the time the vote was taken.
City Secretary Chapa polled the Council for their vote as follows:
ORDINANCE NO. 19341
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF LEOPOLDO TORRES BY CHANGING
THE ZONING MAP IN REFERENCE TO A TRACT OF LAND LYING IN TRACTS 3 AND 4, DAVID
BROWN SUBDIVISION, AND WHICH IS A PART OF LOT 13, SECTION L, PAISLEY SUBDIVISION
OF THE HOFFMAN TRACT IN CORPUS CHRISTI, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT
TO "B-1" NEIGHBORHOOD 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.
* * * * * * * * * * * * *
Acting City Manager Briones stated that the luncheon with Dr. Richards
would be held June 17, 1986.
Mayor Jones stated that the City will host the Homeport Steering Council
meeting on June 11, 1986 at 7:00 p.m. in room 223 at the Convention Center. He
urged the Council to attend.
ninutes
Regular Council Meeting
May 27, 1986
Page 25
* * * * * * * * * * * * *
Mayor Jones called for petitions from the audience.
Mrs. Sandy Watts, 4517 South Staples, attorney speaking on behalf of Mr.
Danny Hall, stated that her client would like to operate a jet ski and sunfish
concession on the bayfront; he signed a contract with the City on April 22 which
stated that he needed liability insurance in the amounts of $100,000 and
$300,000; and on April 22 the Council passed an ordinance regarding liability
insurance in the amount of $100,000 and $300,000 at the discretion of the
Director of Safety and Risk Management.
She stated that Mr. Hale was unable to obtain insurance initially, but
finally obtained insurance in the amount of $300,000 and $300,000, only to be
advised that Mr. Al Hyman, Director of Safety and Risk Management, had sent a
letter to the Marina stating that the insurance must be in the amount of
$500,000. She stated that her client is unable to obtain insurance in that
amount.
Acting City Manager Briones informed the Council that the ordinance
provides for an appeal process and that has not been followed.
Mr. Hyman stated that he had informed Mr. Hale that the Council would be
considering an ordinance to reflect amounts of $100,000 and $300,000, but he
also informed him that those amounts might not be appropriate in his instance
and that he has not had contact with Mr. Hale since that time. He stated that
there is an appeal process, but he has not been contacted concerning that. Mr.
Hyman stated that the appeal board consists of himself, the City Attorney, and
the Director of Finance.
Mrs. Watts stated she could meet tomorrow regarding an appeal.
Mr. Claude Chapman, President, Claude Chapman Construction Company,
referred to the South Staples Sanitary Sewer Trunk Main Phase II project his
company performed for the City. He stated that due to extensive traffic plans
required by the State Department of Highways, his company filed a claim with Mr.
Jerry Smith, City Engineer, regarding additional costs his company incurred due
to the traffic plan. Mr. Chapman provided the Council with correspondence
relating to his claim.
In response to a question from Mayor Jones, Mr. Chapman stated that he has
discussed this with the staff, but they do not agree.
Mayor Jones asked the staff to report to the Council by Friday, May 30, on
this subject.
Assistant City Manager Lontos stated that there was a multitude of
misunderstandings on this project; the project has been finished; and there are
some claims in terms of access and equipment.
_.mutes
Regular Council Meeting
May 27, 1986
Page 26
Mr. Briones stated that the staff would respond by Friday.
* * * * * * * * * * * * *
Council Member Guerrero referred to the drug and alcohol problems in the
Molina area; he stated that this problem can be alleviated through proper
zoning; and he urged the Council to drive through the area to see the problems
first—hand.
Mayor Jones asked for the exact address and Mr. Guerrero stated that it is
West Point Road and Angela Street.
Mr. Guerrero stated that he would like to schedule a workshop discussion on
these problems and how they can be dealt with through zoning.
Mayor Jones stated that zoning is not the way to handle the problems.
There being no further business to come before the Council; on motion by
Mayor Pro Tem Best; seconded by Council Member Slavik; the meeting was adjourned
at 6:26 p.m., May 27, 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 May 27,
1986, which were approved by the City Council on June 3, 1986.
WITNESSETH MY HAND AND SEAL, this the /C 7[\day of
1c� (0 .
Armando Chapa City Secretary
City of Corpus Christi, Texas