HomeMy WebLinkAboutMinutes City Council - 01/18/1984MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
JANUARY 18, 198t<
2:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Betty N. Turner
Council Members:
David Berlanga, Sr. City Manager Edward A. Martin
Leo Guerrero City Attorney J. Bruce Aycock
* Herbert Hawkins, Jr. City Secretary Bill G. Read
Joe McComb
Frank Mendez
Mary Pat Slavik
ABSENT:
Council Member Charles W. Kennedy, Jr.
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Council Member Joe McComb in the absence of the
invited minister, following which the Pledge of Allegiance to the Flag of the
United States was led by Council Member Herbert Hawkins.
City Secretary Bill G. Read called the roll of required Charter Officers
and verified that the necessary quorum was present to conduct a legally
constituted meeting.
Mayor Jones then recognized Herbert Hawkins for a presentation.
Council Member Hawkins addressed the Council and reviewed his service as a
Council Member for the last 21 years. He stated that he plans to run for County
Attorney to better serve the citizens of Nueces County. He stated that he would
like to, at this time, submit his resignation as a Council Member to the other
Members of the Council effective at 5:00 p.m. today. He referred to the
improvement of the make-up of the Council under the new election system. He
MICROFILMED'
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stated that he had served the City - not for the remuneration - but in order to
make this City a better place in which to live. He urged the remaining Council
Members to see that services are provided for all areas of the City and that
they all be treated fairly. Council Member Hawkins then presented his written
resignation to Mayor Jones.
Mayor Jones presented a card and gift to Mr. Hawkins as a memento from the
City Council.
Council Member Hawkins then commended the City for the excellent Staff it
has, mentioning in particular the City Manager who he felt was quite
outstanding.
Mayor Jones then read Mr. Hawkins' letter of resignation, indicating that
it would be effective at 5:00 p.m., January 18, 1984.
A motion was made by Mayor Pro Tem Turner to accept Mr. Hawkins'
resignation with regret, seconded by Council Member Guerrero with regret and the
motion passed by a majority of the Council.
Several of the Council Members commended Mr. Hawkins for his service on the
Council, and Mrs. Teresa Hawkins stated that she had enjoyed Mr. Hawkins' term
of office as a Council Member.
Mayor Jones referred to the Supplemental Agenda and called for Board and
Committee appointments. He briefly reviewed the appointments discussed during
the morning Workshop Meeting.
A motion was made by Mayor Pro Tem Turner that the following appointments
be confirmed, seconded by Council Member Slavik and passed unanimously:
BOARD
a. Bay Drilling Committee:
Mr. Ray Cardenas (alt., gen. public)
b. Senior Community Services Adv. Board:
Mrs. Gladys Neu
Term:
12-31-86
12-26-85
Mayor Jones called for Action of the Council from the Workshop Session on
the following items:
1. An item may be placed on the agenda upon the request of at least five
Members of the City Council who shall confirm their request with the
Office of the City Secretary.
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not for the remuneration - but in order to make this City a better place in
which to live. He urged the remaining Council Members to see that services are
provided for all areas of the City and that they all be treated fairly. Council
Member Hawkins then presented his written resignation to Mayor Jones.
Mayor Jones presented a card and gift to Mr. Hawkins as a memento from the
City Council.
Council Member Hawkins then commended the City for the excellent Staff it
has, mentioning in particular the City Manager who he felt was quite
outstanding.
Mayor Jones then read Mr. Hawkins' letter of resignation, indicating that
it would be effective at 5:00 p.m., January 18, 1984.
A motion was made by Mayor Pro Tem Turner to accept Mr. Hawkins'
resignation with regret, seconded by Council Member Guerrero with regret and the
motion passed by a majority of the Council.
Several of the Council Members commended Mr. Hawkins for his service on the
Council, and Mrs. Teresa Hawkins stated that she had enjoyed Mr. Hawkins' term
of office as a Council Member.
Mayor Jones referred to the Supplemental Agenda and called for Board and
Committee appointments. He briefly reviewed the appointments discussed during
the morning Workshop Meeting.
A motion was made by Mayor Pro Tem Turner that the following appointments
be confirmed, seconded by Council Member Slavik and passed unanimously:
BOARD
a. Bay Drilling Committee:
Mr. Ray Cardenas (alt., gen. public)
b. Senior Community Services Adv. Board:
Mrs. Gladys Neu
Term:
12-31-86
12-26-85
Mayor Jones called for Action of the Council from the Workshop Session on
the following items:
1. An item may be placed on the agenda upon the request of at least five
Members of the City Council who shall confirm their request with the
Office of the City Secretary.
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2. The issue of arming the Marina Specialists be reexamined in six
months.
A motion was made by Mayor Pro Tem Turner that the foregoing items be
confirmed, seconded by Council Member Mendez and passed unanimously.
Mayor Jones then administered the oath to new appointees to various Boards
and Commissions. The following appointees were sworn in by Mayor Jones: Mrs.
Beverly Merchant, Sister City Committee; Mr. Ray Kiesel, Electrical Advisory
Board; Mr. Cristobal Perez, Sr., Senior Community Services Advisory Board; Mr.
Lawrence Snyder, Municipal Arts Commission; Reverend Jimmy Miller, Human
Relations Commission; and Dr. Cleo Garcia, Landmark Commission.
Mayor Jones called for Consideration of the Minutes of the Regular Council
Meeting of January 11, 1984 and the two Special Council Meetings of January 11,
1984.
Council Member McComb indicated that he would like a correction made on
page 13 of the Regular Council Meeting Minutes and asked that the statement made
by City Manager Martin in regard to the Special Meeting on zoning cases be
changed to the following: "The special meeting is not being conducted for pay
purposes."
A motion was made by Mayor Pro Tem Turner that the Minutes as listed above
be approved, seconded by Council Member Guerrero and passed unanimously.
City Manager Martin then referred to the resignation of Mr. Hawkins and
stated that the only change for voting purposes would be that eight Council
Members will be involved and six affirmative votes would be required in zoning
cases that have the 20% rule in effect.
Mayor Jones suggested that the vacancy created by the resignation of Mr.
Hawkins be filled as soon as possible.
Discussion followed as to the appropriate date this position should be
filled.
It was pointed out that Council Member Charles Kennedy is out of the state,
and Mr. Jones informed the Council that he plans to be out of the City next
Wednesday but if necessary, he could delay his departure until after the meeting
of January 25.
City Manager Martin informed the Council that a meeting could be posted as
a Closed Meeting to discuss personnel with less than 72 hours notice if it is
declared an emergency.
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City Secretary Read confirmed this as long as the media are notified.
Mayor Jones suggested that the Council meet on Thursday, January 19 at 7:00
p.m. for the purpose of going into closed session.
A motion was made by Council Member Berlanga that the Council meet in the
Council Chamber at 7:00 p.m. for the purpose of convening in closed session to
discuss a replacement for Council Member Herbert Hawkins.
The motion was seconded by Council Member Guerrero and passed unanimously.
Mayor Jones called for Consideration of the Consent Motions on items 1
through 5.
1.
Bids be received February
extend for an
subject to the
option to
conditions
7, 1984 for a twelve months supply agreement with
additional twelve months at the same terms and
approval of the supplier
for various City departments. The
and the City Manager, or
his designee for blueprint service
estimated cost is $22,000.
2. Bids be received February 7, 1984 for 70 police pistols for the Police
Department. The pistols are included in the 1983-84 Budget.
3. Twelve months supply agreement, with option to extend for additional twelve
months at the same terms and conditions subject to the approval of the
supplier and the City Manager or his designee, for milk and dairy products
for the Elderly Nutrition Program be approved with Borden's for the
estimated total of $26,448 based on low bid. Two bids were received.
Price comparison shows a decrease of 9.5% from the previous year's
contract.
4. Twelve months supply agreement, 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, for bread and bakery
products for the Elderly Nutrition Program be approved with Rainbo Baking
Company for the estimated total of $5,685 based on low bid. Two bids were
received. Price comparison shows a decrease of 18% from the previous
year's contract.
5. Two twelve ton tilt bed equipment trailers for Water and Wastewater
Divisions be purchased from Cooper Equipment Company based on low bid
meeting specifications for $16,458. The apparent low bid from Hilway Truck
& Trailer for $14,880 does not meet the twelve ton axle requirement (10 vs
12 ton) of the specifications. Prices have decreased approximately 3%
since the last purchase - 4/82. Eight bids were received. The trailers
are included in the 1983-84 Budget.
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Mayor Jones referred to item 2 pertaining to bids for 70 police pistols for
the Police Department and inquired about the caliber listed in the bid
specifications, and City Manager Martin replied that they are 38 -caliber
weapons.
Council Member Mendez inquired about the presentation on this issue and the
scheduled time for it.
City Manager Martin stated that the presentation will be whenever the
Council decides to have it.
Council Member Guerrero inquired if the police officers buy their own guns
or if the City issues them, and City Manager Martin replied that the City issues
the hand guns.
A motion was made by Council Member Mendez that the presentation of the
caliber of police officers' pistols be listed on the agenda as soon as possible,
seconded by Council Member Guerrero and passed unanimously.
City Manager Martin suggested that this presentation be scheduled in two
weeks because the Wastewater item is on the agenda for February 1st and this
will take a great deal of time. He assured the Council that award of bids will
not be made until after the presentation to the Council on the caliber of
weapons has been made.
6. One asphalt reclaimer-stabilizer-pulverizer for the Street Division be
purchased from Plains Machinery Company for $140,925 based on low bid. Two
bids were received. The equipment is included in the 1983-84 Budget. The
equipment will be used in the reconstruction of streets.
7. Nine 3M Opticom Traffic Control System Emitter Assemblies be purchased from
3M Company for the total amount of $10,845 on the basis of only bid. This
is a sole source item. The emitters will be mounted on fire and ambulance
vehicles to give them preferential green lights on Water, Carancahua and
Leopard Streets. The emitters are included in the 1983-84 Budget.
8. Authorizing the City Manager to purchase the necessary equipment,
installation and related services from A.T.&T. Information Systems for a
new telecommunications system for City Hall as well as other equipment
needed under a twelve month supply agreement. The cost of implementing the
City Hall system will be approximately $300,000. The system is included in
the 1983-84 Budget. Five firms submitted proposals for the system.
9. A public hearing be held on February 1, 1984, on the closure request of the
east one half of County Road No. 19 (extension of Weber Road) and
approximately 970 feet of County Road No. 26 (Cedar Pass Drive), both
roadways abutting the Breckenridge Unit 6 Subdivision. The closure request
is consistent with the Master Transportation Plan and prior Planning
Commission actions on subdivisions in the area.
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10. Authorizing acquisition of two parcels (1,5) located on Blocks 45 and 60
east to west between N. Staples and Sam Rankin Streets and north to south
between Leopard and Mestina Streets from the Seaman-Yeatts Partnership in
connection with the City Hall Land Acquisition Project.
11. The Washington Coles Area Street Improvements, Phase III project be
accepted and final payment of $73,501.68 be made to A. Ortiz Paving &
Construction Company. An 18 -day time extension is recommended for extra
work relating to change orders and delays resulting from utility
adjustments. The total cost of this 8th Year Community Development Block
Grant project was $188,718.15, which included street reconstruction of
Lake, Cabra and Chipito Streets and San Luis and Parker Alleys.
12. Authorizing the acceptance of the proposal of Hay Management Consultants to
conduct a study of the City Secretary's Office for $6,200.
13. Approving a contract with the Texas Department of Health continuing State
funding for positions assigned to the City -County Health Department for
various community health services and family planning during the year
ending August 31, 1984.
In regard to item 8 pertaining to the new telecommunications system for
City Hall, Mr. Al Hyman, Director of Safety and Risk Management, briefly
described the new system explaining it will have direct numbers for each
department. He pointed out, however, that the system will not be in operation
in time to have the numbers advertised in the telephone directory which will be
distributed in May.
City Manager Martin stated that the City will probably have to have a
mail -out to inform the public of the new telephone numbers.
Council Member Slavik referred to item 12 and stated that after reading the
proposal, she felt that this group is excellent and she was very impressed with
them and she, therefore, thought that the price is reasonable for the services
to be rendered.
Mayor Jones referred to item 11 and inquired about the problems encountered
with utility adjustments.
Assistant City Manager James K. Lontos explained that
project, there is a need for adjustments to be made
adjustments usually occur before the contractors
construction. He explained that in this case, the
because of some adjustments that had to be made but it
he has not been charged for those delays.
on
on any construction
utilities and
start work
or
contractor was
was no fault of
such
during
delayed
his and
Council Member McComb requested an explanation of item 10 which authorizes
acquisition of two parcels of land for the City Hall Land Acquisition Project.
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City Manager Martin explained that the total purchase price is estimated to
be $1,500,000 or possibly, or $1,600,000. He urged that the Council move ahead
with the land acquisition as soon as possible.
Mayor Jones called on those in the audience who wished to speak on the
Consent Motions.
Mr. Barney Barnette referred to item 8 and stated that he represents
Executone of South Texas. He stated that this company had submitted the lowest
bid for the new telephone system. He explained that they are a part of the
Continental Telephone Company and have been for many years; he informed the
Council of other functions their company performs; and stated that they have
been in Corpus Christi for over ten years. He emphasized the fact that
Executone has never had a major system failure as that which has been
experienced in the police department in the past year. He stated that the
system proposed by Executone would be a digital system which is the trend for
the future. He stated that he would like to request that the Council postpone
action on this item for two weeks in order to provide time for the Council to
investigate their program and facilities where the Executone is in operation.
City Manager Martin responded to Mr. Barnette's remarks and stated that he
did not feel that the City should experiment with an unproven system because he
understands that there are only a few systems in the United States and no
experience locally with this system, and for that reason, the Staff recommends
that the award be made to AT&T Information Systems since they have had more
experience and is a much larger company.
Council Member Mendez stated that the Council has examined the information
provided by the Staff and in the area of service, he was of the opinion that the
Council should be very careful to be sure that necessary technicians and service
are available; therefore, he urged approval of the award of contract to AT&T.
Mr. Barnette spoke again and stated that he felt the system they had
recommended was more up-to-date and assured the Council that they have very
experienced service technicians but they were not listed on his proposal but
that is not their practice when presenting a bid.
Mr. Ed Hecht, representing Ehco Services, Incorporated, referred to item 12
and stated that on January 4, they had delivered a proposal as outlined by the
City Manager. He informed the Council that in his proposal, he had responded
point by point to all of the items Mr. Martin had requested and the bid he
submitted was approximately 30% less than that of Hay Management Consultants.
Mayor Jones interjected that for a study of this nature, the Council is
hiring the expertise of a firm and he felt that Hay Management Consultants had
more depth and experience in municipal work.
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Mr. Hecht continued by stating that he had contacted several cities and had
made arrangements for trips to those sites to examine similar offices and had
made a preliminary study which indicated that the Association of International
Clerks and Secretaries would be very glad to cooperate with him on the study.
He stated that he had also contacted the Texas Association of City Clerks and
they, too, had explained that although they did not have information available
at this time, they would be glad to work with him on the evaluation of the City
Secretary's Office. He expressed the opinion that his company is well qualified
to perform the study; they have performed studies with many major companies; and
he urged that the bid be awarded to his company since the cost was considerably
less.
Mayor Jones explained to Mr. Hecht that the Council had discussed the
employment of engineers and the lowest responsible bid is not the primary
consideration because they cannot look at the price alone. He stated that he
felt that the City of Corpus Christi should receive the best possible
information from a study of this kind and in his opinion, the City of Corpus
Christi will benefit more by engaging the Hay Management Consultants.
Council Member Guerrero pointed out that it was the general feeling of the
Council Members that a firm from outside the City would be preferable.
Council Member McComb referred to the Hay proposal and pointed out that it
indicates that their fee will not exceed $6,200 and it could be less.
Mayor Pro Tem Turner expressed appreciation to Mr. Hecht for his proposal.
She stated that eight firms were offered an opportunity to present proposals and
only four responded.
Mr. Hecht reiterated that he had attempted to discuss his proposal with the
City Manager, but he would not discuss it.
Mayor Pro Tem Turner explained to Mr. Hecht that the Council feels that the
firm selected should have some experience in the public sector, and although his
proposal was probably very good, possibly the Hay Company has had more
experience with the public sector.
Mr. Hecht continued by stating that he had included his credentials in his
proposals; his company has no ties with anyone on this City Council; but when
proposals were requested, local firms should not have been allowed to bid if the
intent was to employ an out-of-town company.
City Manager Martin provided an explanation on the bids by stating that on
a comparison basis, Mr. Hecht's proposal does not equal that of Hay Management
Consultants; Mr. Hecht did not provide client references; he does not indicate
that he has experienced technical people; and there is a great deal of
difference in a public sector study and a private sector analysis, particularly
an office that is directly under the City Council. He stated that he had
specifically solicited firms that had prepared public sector analyses.
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Mr. Hecht stated that he had specifically indicated that he would be
performing the study himself; he provided a two-page listing of work that his
company has accomplished; and it is not his practice to reveal the names of his
clients without their permission. He stated that if the City Manager had
allowed him to discuss the proposal, he could have provided more references and
information.
There was no further discussion on the Consent Motions.
A motion was made by Mayor Pro Tem Turner that the Consent Motions, items 1
through 14, be approved; seconded by Council Member Guerrero; and passed
unanimously.
Mayor Jones called for Consideration of the Consent Ordinances and
Ordinances from Previous Meetings on items 15 through 31.
Council Member Slavik referred to item 15 pertaining to rehabilitation of
eight transit buses for an estimated total of $565,376 and pointed out that for
that amount of money, three new buses could be purchased.
Mr. Tom Stewart, Director of Transportation, explained that after the buses
have been rehabilitated, they will basically be new. He stated that the Federal
Government is in favor of such rehabilitations and these are 1967 buses that are
very well made which will be in excellent condition after the rehabilitation.
Council Member Berlanga referred to the discussion on the possibility of
using smaller buses in some areas.
City Manager Martin informed the Council that the City is in the process of
purchasing some small buses to be used on a trial basis.
Mr. Stewart stated that the small buses planned for purchase will be used
in areas that have low ridership; some gas savings will be effected; but the
major costs of personnel will be the same.
Council Member Mendez referred to Ordinance 23 which pertains to a zoning
application of Sherrod Construction Company and stated that he had indicated
that he would like to have a copy of the site plan before this zoning change is
approved.
City Manager Martin indicated that the site plan is available, and Mayor
Jones pointed out that the 20% rule is in effect on this case.
City Manager Martin stated that since Mr. Hawkins' resignation will not be
effective until 5:00 p.m., approval of this ordinance will require seven
affirmative votes of the Council.
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Assistant City Manager Tom Utter displayed a copy of the site plan and
pointed out that all of the parking faces into the complex and this plan
satisfies the parking requirement.
Mayor Jones referred to Ordinance 26 which is the first reading authorizing
a lease agreement with the Ancient Order of Hibernians for lease of the
McCampbell House and inquired as to the source of the $30,000.
City Manager Martin explained that it is a grant; the City will assist them
with the grant for rehabilitation; and they will have to bear the cost of
ongoing expenses. He noted that this is similar to the other groups renovating
historical homes.
Mr. Utter added that the grant portion is available provided the
organization has $15,000 of their own to contribute.
Council Member Guerrero referred to Ordinance No. 28 amending the five-year
lease agreement with Ruben V. Lara for concession rights to the L -Head bait
stand and inquired about the gross receipts this lessee receives.
Assistant City Manager Utter stated that unfortunately, that was one of the
problems that they had with this tenant in that he was submitting an amount to
the City each month but failed to submit a record of his gross receipts. Mr.
Utter stated that an estimate of his gross would be about $2,500 per month and
at this time, the City is negotiating with Mr. Lara to establish a definite fee.
City Manager Martin informed the Council that the City has a number of
leases on which the fees are based on gross receipts; this may not be an ideal
situation because of the auditing and checking required; and in the future, the
Staff hopes to establish monthly rents instead of fees based on gross receipts.
Mayor Jones ascertained that no one in the audience wished to speak on
Ordinances 15 through 31.
City Secretary Read polled the Council for their votes and the following
ordinances were passed:
15. ORDINANCE NO. 18033:
AUTHORIZING THE REHABILITATION OF EIGHT TRANSIT BUSES BY HOUSTON TRUCK AND
COACH, INC.; APPROPRIATING $570,876; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting "Aye"; Hawkins and Kennedy, "absent".
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16. ORDINANCE NO. 18034:
AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE JOINT VENTURE OF HOWELL
CONSTRUCTORS, INC. AND ISLES CONSTRUCTION COMPANY, INC., FOR THE SPOHN
HOSPITAL AREA STREET IMPROVEMENTS, PHASE II; APPROPRIATING $285,000; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting "Aye"; Hawkins and Kennedy, "absent".
17. ORDINANCE NO. 18035:
AMENDING ORDINANCE NO. 17568 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE
FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS:
Washington Coles Area, Phase III
1. Lake Street, from North Staples Street to Cabra Street and from Waco
Street to Cabra Street.
2. Cabra Street, from Lake Street to Chipito Street,
3. Chipito Street, from Waco Street to San Juan Street, and
4. San Luis Street, from Ramirez Street to West Broadway;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting "Aye"; Hawkins and Kennedy, "absent".
18. ORDINANCE NO. 18036:
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS:
Elizabeth Street, from South Staples to Ocean Drive;
FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting "Aye"; Hawkins and Kennedy, "absent".
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19. ORDINANCE N0. 18030:
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF:
Purdue Road, from Debra Lane to Laguna Shores Road;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting "Aye"; Hawkins and Kennedy, "absent".
20. ORDINANCE NO. 18031:
APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR
THE IMPROVEMENT OF THE FOLLOWING STREET:
Purdue Road, from Debra Lane to Laguna Shores Road
DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING
PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING
ON THE PRELIMINARY ROLL FOR FEBRUARY 15, 1984 AT 3:00 P.M., IN THE CITY
COUNCIL CHAMBERS AT CITY HALL, 302 SOUTH SHORELINE BOULEVARD; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting "Aye"; Hawkins and Kennedy, "absent".
21. ORDINANCE NO. 18037:
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HENRY TUCKER PROVIDING FOR
CITY PARTICIPATION IN CONSTRUCTION OF CIMMARON BOULEVARD CONCURRENTLY WITH
THE DEVELOPMENT OF BENT TREE UNIT 2 AND WOOLDRIDGE CREEK UNIT 2
SUBDIVISIONS; AUTHORIZING CONSTRUCTION OF CIMMARON BRIDGE OBLIGATED BY
PREVIOUS ORDINANCE NO. 17522; APPROPRIATING $98,496.79; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting "Aye"; Hawkins and Kennedy, "absent".
22. ORDINANCE NO. 18038:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF EXIQUIO "KIKO" BARRERA BY
GRANTING A SPECIAL COUNCIL PERMIT TO CHANGE THE SITE PLAN TO ALLOW THE
INSTALLATION OF A DRIVEWAY ON THE EAST SIDE OF THE PROPERTY ON LOT 3, BLOCK
3, GARDENDALE SUBDIVISION; AND DECLARING AN EMERGENCY.
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The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting "Aye"; Hawkins and Kennedy, "absent".
23. ORDINANCE NO. 18039:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SHERROD CONSTRUCTION
COMPANY BY GRANTING A SPECIAL COUNCIL PERMIT FOR 107 APARTMENT UNITS ON
TRACTS B, C AND D, WESTERN HILLS UNIT 1; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting "Aye"; Hawkins and Kennedy, "absent".
24. ORDINANCE NO. 18040:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MR. AND MRS. ARNOLD ADAME
BY GRANTING A SPECIAL COUNCIL PERMIT FOR A WOOD WORKING AND ORNAMENTAL IRON
SHOP WITH A SINGLE-FAMILY HOME ON LOT 18, BLOCK 4, HIGHWAY VILLAGE, SECTION
1; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting "Aye"; Hawkins and Kennedy, "absent".
25. ORDINANCE NO. 18041:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF NORMAN JONES BY GRANTING
A SPECIAL COUNCIL PERMIT FOR AN ALUMINUM CAN RECYCLING CENTER ON LOTS 3 AND
4, BLOCK 3, LEXINGTON SUBDIVISION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting "Aye"; Hawkins and Kennedy, "absent".
26. FIRST READING:
AUTHORIZING A LEASE AGREEMENT WITH THE IRISH CULTURAL HOUSE, INC., FOR THE
LEASING OF THE PREMISES OF THE McCAMPBELL HOUSE FOR THE RESTORATION AND USE
OF THE PREMISES.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Turner, Berlanga, Guerrero,
McComb, Mendez and Slavik voting, "Aye"; Hawkins and Kennedy, "absent".
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27. FIRST READING:
AMENDING THE CITY OF CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER 6 "ANIMAL
CONTROL" TO DEFINE "PROVOCATION" AS IT RELATES TO THE DEFINITION OF
"VICIOUS ANIMAL"; TO ESTABLISH AN ADMINISTRATIVE PROCEDURE FOR VIOLATIONS
OF ANIMAL CONTROL LAWS; AND TO PROVIDE FOR THE ESTABLISHMENT OF REGULATIONS
BY THE CITY HEALTH OFFICER FOR INTERPRETATION AND ENFORCEMENT OF THIS
CHAPTER.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Turner, Berlanga, Guerrero,
McComb, Mendez and Slavik voting, "Aye"; Hawkins and Kennedy, "absent".
28. FIRST READING:
AUTHORIZING AN AMENDMENT TO THE FIVE-YEAR LEASE AGREEMENT WITH RUBEN V.
LARA FOR CONCESSION RIGHTS FOR THE L -HEAD BAIT STAND WHICH WILL ALLOW THE
LESSEE TO SELL CERTAIN ADDITIONAL ITEMS AND MODIFY THE MINIMUM HOURS OF
OPERATION.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Turner, Berlanga, Guerrero,
McComb, Mendez and Slavik voting, "Aye"; Hawkins and Kennedy, "absent".
29. THIRD READING - ORDINANCE NO. 18042:
AMENDING THE CORPUS CHRISTI CITY CODE BY AMENDING CHAPTER 57, VEHICLES FOR
HIRE, BY AMENDING SECTION 57-193, EMERGENCY RUN REPORTS; PROVIDING AN
EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting, "Aye"; Hawkins and Kennedy, "absent".
30. THIRD READING - ORDINANCE NO. 18032:
AUTHORIZING EXECUTION OF A 60 YEAR LEASE WITH GREATER CORPUS CHRISTI
ENTERPRISES, INC. PROVIDING FOR THE CITY RECOGNIZING AN APPROXIMATE FOUR
FOOT ENCROACHMENT OF THE LA QUINTA ROYALE HOTEL INTO THE PEOPLES STREET
RIGHT-OF-WAY, PROVIDING FOR LEASE PAYMENTS OF $1,000 PER YEAR FOR THE TERM
OF THE LEASE AND NECESSARY INDEMNIFICATION TO THE CITY FOR SUCH
ENCROACHMENT.
The forgoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting, "Aye"; Hawkins and Kennedy, "absent".
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31. ORDINANCE NO. 18043:
ANNEXING A 50.91 ACRE TRACT OF LAND BEING PLATTED AS BRECKENRIDGE 6; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting "Aye"; Hawkins and Kennedy, "absent".
Mayor Jones called for Consideration of Motions from the Regular Agenda on
items 32 through 35.
32. A public hearing be held on February 1, 1984 and February 8, 1984 regarding
the contractual annexation of two tracts of land owned by the State of
Texas and the Port of Corpus Christi Authority, situated south of the
Corpus Christi Ship Channel, east of the Corpus Christi city limits, and
west of the Port Aransas city limits.
33. Acknowledging receipt of petition of Athena Cablevision of Corpus Christi
for rate revision; authorizing the City Manager to hire Touche Ross and
Company as consultant to analyze the rate request; authorizing the Cable
Communications Commission to conduct a special performance evaluation and
to make a written recommendation to the City Council prior to the City
Council's public hearing on Athena's rate request denying Athena's request
for deregulation and tabling Athena's request for approval of increased
interim rates.
*34. The Planning Commission be advised that 1) future land dedications for park
use resulting out of subdivisions abutting Oso Bay and the Oso Creek should
be accepted only if the land dedicated is suitable for recreational uses
and is located in such manner that it will compliment other City efforts to
develop the recreational potential of the Oso Creek; that 2) land owners
adjacent to the Oso should be encouraged to donate to the City (in addition
to such dedications) any land not suitable for development so that such
lands can be incorporated as open space in the future development of the
Oso and that the appropriate City ordinances be reviewed and the necessary
amendments proposed to insure the availability of the Oso Creekway as a
future park and open space facility.
35. Plat appeal by C.R.H. Associates, representing the owners of Highland
Trails addition, on the Planning Commission requirements for park
dedication of 3.8 acres and a water distribution system in accordance with
the City's Water Distribution System for Highland Trails Addition, located
in San Patricio County, west of Odem, in the City of Corpus Christi's
extraterritorial jurisdiction.
* Withdrawn by City Manager - see page 16.
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Mayor Jones referred to No. 32 and inquired if any taxes are involved on
the land proposed for annexation, and Mr. Utter replied that there is Navigation
District property on which there is no construction; there will be state land;
and there is no taxation on either pieces of property.
City Manager Martin pointed out that this motion is just to set public
hearings on the annexation.
City Manager Martin referred to item 33 and stated that Athena Cablevision
has submitted to the City a request for a rate increase and other items
pertaining to that. He explained that the request is in a form of letter, a
study and an eleven -month audit. He stated that the rate increase requested is
from $7.50 to $10.50 and they are also requesting that deregulation be granted
to allow them to put the increases into effect on an interim basis.
Mr. Martin continued by stating that this is the first increase request
from Athena and there is a need to conduct an indepth study for which the City
would like to hire Touche-Ross and Company as consultants to perform the
analysis. He stated that they would also like to hold a special performance
evaluation of the company. He explained the item on the agenda by stating that
it is to deny Athena's request for deregulation and that the request for
increased interim rates be tabled. He concluded by stating that all of this
will culminate in a special meeting by the City Council at which time the
Council will make the final decision.
Council Member Slavik inquired about the cost of the Touche-Ross analysis,
and Mr. Martin stated that it is estimated to be about $15,000 one-half of which
the City must pay.
A motion was made by Council Member Slavik that items 32 and 33 be
approved, seconded by Council Member Mendez and passed unanimously.
City Manager Martin referred to item 34 and stated that this was meant to
be considered after the planned discussion during the morning Workshop Meeting
but he felt that action should not be taken until after that discussion and
stated that he would like to withdraw item 34.
Mayor Jones inquired if anyone was present to speak in regard to this item.
Mrs. Ruth Gill, 1 Hewit Drive, spoke in regard to this item and indicated
her concurrence that the Planning Commission should make sure that the land
dedicated for parks is complimentary to the area and suitable for recreation.
She explained that she was a member of the original Oso Creek Organization, at
which time, they recommended that open space green area be maintained. She
stated that they have been considering the possibility of some type of vehicle
by which individuals, developers, landowners, etc. would be able to dedicate the
land in the flood plain for park use. She commended the Staff for this proposal
and urged approval.
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In regard to item 35, Assistant City Manager Utter displayed a plat of the
area locating the extraterritorial jurisdiction of Odem and that of Corpus
Christi. He stated that the plat appeal covers several areas and pointed out
that it is a 76.3 -acre tract of land; it is in this City's extraterritorial
jurisdiction; and it is in San Patricio County. Mr. Utter enumerated the
request that C.R.H. Associates have made on the following items: (1) Park
Requirement - 3.8 acres of park land. He stated that since this is a large
acreage subdivision and since the developer has gone to San Patricio's
Commissioners' Court and has received a waiver of the park dedication since they
will not maintain that park, the City Staff has no objection to the waiver of
the park dedication. (2) Water Distribution System - Mr. Utter stated that
they were under the impression that either the City of Odem or Seaboard Supply
Corporation would supply water, but they have both refused to do so. He
explained that in order for them to obtain water, they must comply with the
water requirements under the City Platting Ordinance and this includes pressure,
fire protection, etc. He explained that the Staff cannot recommend waiver of
the water requirement in this particular location because a precedent would be
established. He stated that the alternative for the developer would be to put
in a well system with pumping and distribution and the developer is requesting a
waiver of that due to the fact that the sewer acreage fee would be $45,790.20
and the water acreage fee would be $22,895.10.
Mayor Jones invited the applicant to speak.
Mr. Otto Schuster, developer of this property, verified that Odem had
refused to provide water because they do not have the capacity to serve this
development and Seaboard is not allowed to serve a platted subdivision, and
since the property is in the ETJ of Corpus Christi, he was required to plat the
property. He stated that before it was platted, he had planned to install
wells, but after it was platted, Corpus Christi refused to approve those.
Mayor Jones stated that it is difficult to contemplate the City of Corpus
Christi annexing out that far within the next twenty-five years, but the ETJ was
established to protect the land outside the City limits to see that the City's
standards are complied with.
Mr. Frank Wright, 3646 South Staples, representing Mr. Schuster, explained
that the land to be developed is in San Patricio County and is an area in which
the City has no interest to extend water. He stated that the only choice Mr.
Schuster has now is to set up his own water district but the expense of this
would be prohibitive at an estimated cost of approximately $300,000. He pointed
out that no one seems interested in serving this area and wells seem to be the
only answer. He explained to the Council that the County has the ability to
control these activities, and if the City of Corpus Christi relinquished their
ETJ control, the wells could be installed.
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Mr. Utter further explained that the only thing San Patricio County did was
waive the park dedication requirement. He expressed the opinion that this is a
case of a subdivision being developed in an area that is not ready for
development because of lack of services.
A motion was made by Council Member Guerrero that this appeal be denied,
seconded by Council Member Slavik and passed unanimously by those present and
voting.
Mayor Jones announced the public hearing on five zoning applications.
Council Member Slavik referred to No. 39 which is the fourth zoning case
and stated that she had had a request that this case not be considered until
5:00 p.m. because someone wanted to speak in regard to it.
Mr. Utter stated that a citizen opposed to Rogers Floor Company had made a
similar request.
Mayor Jones stated that he has problems in delaying zoning applications as
a result of a telephone call when they have been advertised and people have been
notified of the zoning cases. He and several Council Members agreed that the
zoning cases should be considered in the order in which they are listed on the
agenda.
36. Application No. 1283-8T Roger's Floor Company: Amendment to the Zoning
Ordinance to Amend Article 31, Newly Annexed Territory, by amending Section
31-5 by adding thereto one new subsection to be numbered 31-5.60 setting
forth a zoning classification of "8-4" General Business District on a tract
of land when annexed to the City of Corpus Christi, Texas, being 4.765±
acres out of Lot 8, Section 6, Flour Bluff and Encinal Farm and Garden
Tracts, located on the west side of S. Staples, approximately 1,250' north
of Yorktown Boulevard.
Assistant City Manager Utter stated that in response to the four notices of
the public hearing, one in favor and one in opposition had been returned, but
twenty-four letters in opposition from outside the area had been received. He
stated that the telephone call he had received was from another resident within
the 200' area but the letter has not been received yet. He stated that the
Planning Commission recommends approval but the Planning Staff recommends
denial.
Mr. Dumas located the area on the zoning and land use map and stated that
the applicant proposes to continue
future, subdivide the rear portion
similar to those in an existing
property to the north is prezoned
on that section on which they have
out that the property fronts on
the operation of the floor company and in the
of the property for the construction of homes
subdivision. Mr. Dumas explained that the
"R -1C"; there is another application pending
requested "8-1" and "A-1" zoning. He pointed
South Staples Street which is an arterial
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Page 19
street and the Staff analysis indicates that the zoning on this property will
affect the property in the immediate area which is outside the City limits. Mr.
Dumas explained the traffic that exists in the area and speculated that
prezoning of this tract will result in an additional generation of about 1,500
trips. He also pointed out that the "B-4" zoning would allow for uses that
would not be compatible with other development in the area.
Council Member Slavik indicated that she concurred with the Staff
recommendation.
Mr. Dumas showed slides of the vicinity.
Mayor Jones invited the applicant or his representative to speak at this
time.
Mr. Harold Shearer, Shearer Engineering, appeared on behalf of the
applicant and stated that the existing store has been at this location for
approximately eight years and the applicant plans to build storage units which
would be compatible with the requested zoning. He pointed out, also, that Mr.
Rogers' company was located in this area before Breckenridge Subdivision was
developed and the developers obviously knew he was located in the vicinity. Mr.
Shearer explained that the applicant has a second building in which to store
materials and he has no intention of constructing apartments because the area
shown on the map is designed to match the Nueces Development Company's
application to the north. He explained that the proposed plat will consist of
large lots for a residential subdivision and access will not be through this
particular property. He stated that the reason for the application is that Mr.
Rogers wants to obtain water; he would have to extend the water line; he is
willing to have his property annexed and to do whatever is necessary. He urged
that the request be approved.
Council Member Guerrero suggested that a special permit be considered so
that the property will revert back to its original zoning if the floor company
is ever moved.
Mr. Utter agreed, stating that this would require a site plan and
development could be controlled.
Mr. Shearer stated that the difficulty in a site plan is that no changes
can be made to the construction and very few businessmen would like that type of
zoning in this situation.
Mr. Grayford Rogers, owner of the floor company, stated that he has had his
business in three different locations and the last location became crowded
because of bad zoning that was approved. He stated that he has no intention of
selling the company and he has never been able to obtain water in the eight
years the company has been located there. He was told that there was not enough
water for his use but there is now a water line extending down Staples next to
Buckingham Estates.
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Page 20
Mr. Utter informed the Council that he had just received another letter in
opposition which invokes the 20% which would require six affirmative votes
(after 5:00 p.m.) to approve the zoning.
Mrs. Sarah Graham, Realtor and a resident of Buckingham Estates, expressed
the opinion that "B-4" zoning is incompatible with the use in the area, and
although she realizes that Mr. Rogers has a problem, she would not be opposed to
a special permit to allow him to continue operations on the 4.10 acres but not
the additional acreage that he owns. She stated that she will also be opposed
to the Nueces Development Company zoning application which will be considered in
the future.
Mr. J. W. Gary, Attorney representing Mr. John Tucker and Mr. Jack Tucker,
partners who own Buckingham Subdivision as well as several additional lots
adjacent to the Rogers Floor Company, stated that the position that they take is
that zoning ordinances are designed to control land use. He stated that they
feel that "B-4" zoning is completely unsuitable adjacent to an outstanding
subdivision such as Buckingham Estates because of its incompatibility. He
stated that he did not believe that the Tuckers would object to a special
permit. He expressed the opinion that there are other areas that are more
suitable for business zoning. Mr. Gary also pointed out that someone else
installed the water line and now Mr. Rogers wants to obtain water.
Mr. Utter stated that this consists of 30 acres of land and Mr. Rogers
probably plans residential development and the Staff has no problem with "R-2"
zoning but they do not feel that "13-4" zoning is appropriate.
Mr. Gary reiterated if the City is going to have a zoning ordinance, the
only purpose is to have proper zoning.
Mr. Ken McDaniel, 7010 Dunsford, stated that he lives in that vicinity; a
lot of houses have been constructed but not too many people live there now. He
stated that there are no commercial uses from Saratoga to Yorktown Road.
No one else spoke in regard to this zoning application.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Slavik and passed unanimously.
City Secretary Read polled the Council for their votes and the following
ordinance failed to pass:
36. ORDINANCE (Failed to pass)
AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED
TERRITORY, BY ADDING TO SECTION 31-5 SUBSECTION, 31-5.60, SETTING FORTH
ZONING CLASSIFICATION OF SAID AREA OF LAND DESCRIBED AS A PORTION OUT OF
LOT 8, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND
DECLARING AN EMERGENCY.
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The Charter Rule was suspended and the foregoing ordinance failed to pass
by the following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez
and Slavik voting, "No"; Hawkins and Kennedy, "absent".
37. Application No. 1283-5 Terry Golden, Inc.: for a change of zoning from
"R -1B" One -family Dwelling District to "R -1C" One -family Dwelling District
on Lot 62, Block 3, Willowood Unit IV, located along Piedra Creek Drive,
west of Woodway Creek Drive.
Mr. Utter stated that in response to the nine notices of the public
hearing, none in favor and one in opposition had been returned and an additional
one from outside the area of notification had been received in opposition. He
informed the Council that both the Planning Commission and Planning Staff
recommend approval.
No one spoke in opposition to this zoning application.
A motion was made by Council Member Mendez that the hearing be closed,
seconded by Mayor Pro Tem Turner and passed unanimously.
City Secretary Read polled the Council for their vote on the ordinance
effecting the zoning change and the following ordinance passed:
37. ORDINANCE NO. 18044:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF TERRY GOLDEN, INC. BY
CHANGING THE ZONING MAP IN REFERENCE TO LOT 62, BLOCK 3, WILLOWOOD UNIT IV,
FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R -1C" ONE -FAMILY DWELLING
DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and
Slavik voting "Aye"; Hawkins and Kennedy, "absent".
38. Application No. 1283-7 Tres Development Corporation: for a change of
zoning from "R -1B" One -family Dwelling District to "B-2" Bayfront Business
District on the North 1 of Lot 1A, Block 45, Section A, Padre Island -
Corpus Christi, located on the northeast intersection of Windward Drive and
St. Bartholomew Avenue.
Mr. Utter informed the Council that in response to the 126 notices of the
public hearing mailed, 1 in favor and 43 in opposition had been returned and
that both the Planning Commission and Planning Staff recommend approval.
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Page 22
Mr. Dumas located the area on the zoning and land use map, described the
land use in the surrounding area and stated that this case was on the agenda
about six weeks ago at which time, they requested "AT" zoning on this property
and the Council granted a special permit for 67 units if the building line is
maintained. He stated that the applicant is now requesting "B-2" zoning. He
noted that Gulfstream Condominium is in the vicinity and Planning Staff and
Planning Commission had recommended denial of the "AT" zoning. The Staff
recommended "B-2" zoning at that time because it would be consistent with other
development and the Council approved "AT" zoning with "B-2" setback.
Mr. Dumas continued and explained that the building setback line at the
rear is 110', but the Gulfstream Condominium set their building line at between
130' to 150' on a voluntary basis. He noted that this particular building will
utilize the 110 -foot building setback line.
Mayor Pro Tem Turner inquired about the opinion of the Dunes Committee, and
Mr. Dumas stated that the Dunes Committee met to review the applicant's plans
and they do comply with the Dunes' permit requirement.
Council Member McComb noted that the Gulfstream owners were attempting to
require this owner to establish the same rear setback line that they had
utilized but this owner has the right to build up to the building setback line.
A motion was made by Council Member Mendez that the hearing be closed,
seconded by Mayor Pro Tem Turner and passed unanimously.
Note: City Secretary Read pointed out that it was now past 5:00 p.m. and
Mr. Herbert Hawkins is no longer a Member of the City Council.
Mr. Read then polled the Council for the vote on the ordinance effecting
the zoning change and it passed as follows:
38. ORDINANCE NO. 18045:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF TRES DEVELOPMENT
CORPORATION BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 1A,
BLOCK 45, SECTION A, PADRE ISLAND - CORPUS CHRISTI, FROM "R -1B" ONE -FAMILY
DWELLING DISTRICT WITH A "SP" SPECIAL PERMIT TO "B-2" BAYFRONT BUSINESS
DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, McComb, and Mendez
voting, "Aye"; Slavik voting, "No"; and Kennedy, "absent".
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Page 23
39. Application No.1283-2 - Reid Development Corporation: for a change of
zoning from "8-4" General Business District to "R -1C" One -family Dwelling
District on a portion of Lot 22, Section 53, Flour Bluff and Encinal Farm
and Garden Tracts, located on the south side of Caribbean Drive and along
the east side of a channel identified as Montego Cove.
Mr. Utter stated that in response to the notices of the public hearing,
none in favor and fourteen in opposition had been returned and that the Planning
Commission and Planning Staff recommend approval of this application because
they are of the opinion that "B-4" development along the water is not justified
and other zoning would be better. He explained that at the time the plat was
presented for approval, the Staff determined that the boundary line is
indefinite. He explained that they had placed the condition that the plat could
not be filed for record until the General Land Office certified public land and
private land and it is his understanding that the Land Office has nothing before
them to consider on this matter at this time. He stated that they cannot
recommend zoning property that is in dispute even though the Staff has no
objection to the change of zoning but he would like to recommend that this be
tabled at this time and/or denied until such time as the General Land Office
determines which is privately owned land and which is state owned. He suggested
tabling this for six months or until the General Land Office determines the
ownership of the property.
Mayor Jones stated that people may be present to discuss this and he felt
that they should be allowed to speak.
Mr. Utter agreed but pointed out that there would also need to be public
comment at the time the ruling has been made by the General Land Office.
Several members of the audience indicated that they would reappear at the
time this case is heard again.
A motion was made by Council Member McComb that Application No. 1283-2,
Reid Development Corporation, be tabled for six months and/or until such time as
the General Land Office makes a decision on the property.
The motion was seconded by Council Member Guerrero.
Mr. Utter stated that the Staff will notify the property owners again
before this is heard.
The motion to table for six months passed unanimously by those present and
voting.
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Page 24
40. AMENDMENT TO THE ZONING ORDINANCE: Amend Article 25, Special Permit
Regulations, Section 25-1, clarifying and modifying the requirements of the
Special Permit
Mr. Utter explained to the Council that this change basically clears up a
matter between himself and Mr. Larry Wenger on interpretation of Special Permit
Regulations. He explained that basically this amendment will clarify the
special permit process and noted that the previous process has left a loophole
in that a site plan did not have to show everything to be included and this
change would specifically state that the site plan should now show alleys,
streets, etc. and this would just assure that the special permit site plans
shows everything.
No one spoke in regard to this zoning application.
A motion was made by Council Member Mendez that the hearing be closed,
seconded by Council Member Berlanga and passed unanimously.
City Secretary Read polled the Council for their vote on the ordinance and
it passed as follows:
40. ORDINANCE NO. 18046:
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI BY AMENDING
ARTICLE 25, SPECIAL PERMIT REGULATIONS, SECTION 25-1 AND DELETING SECTION
25-2 IN ITS ENTIRETY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, McComb, Mendez and Slavik voting,
"Aye"; Guerrero, "absent at the time the vote was taken"; and Kennedy,
"absent".
Council Member Slavik referred to the presentation of plans on the City
Hall and inquired if it was a hearing or a Special Council Meeting.
Mayor Jones stated that he intended to go, but it is not required of the
Council; there will be no roll call; and no minutes will be taken.
Deputy City Manager Ernest Briones concurred stating that there will be no
seating arrangement for the Council Members because it is just a presentation
for the public.
Mayor Jones called for Petitions or Information from the Audience on
Matters not Scheduled on the Agenda.
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Page 25
Mr. Philip Rosenstein, 949 Bobalo, expressed concern about a dangerous
situation and stated that he is concerned about street signs that have been
installed recently that do not show the block numbers. He stated that he felt
that they were needed by emergency vehicles and other citizens. He stated that
it was his understanding that the City Manager authorized these signs in order
to save money but he requested that this practice be stopped immediately and
that signs with block numbers be installed.
Council Member Mendez stated that he had planned to discuss this very issue
during the morning Workshop Meeting because there are a lot of people in Public
Safety who are concerned about this as well. He stated that he felt that the
block numbers would be very helpful to make sure that emergency vehicles can
find the proper location.
Mayor Jones stated that he would like to have a Staff report as to how many
signs have been installed and how many have been replaced because he agreed with
the need for the block numbers.
Mr. Cecil Jenkins, 1119 Sixth Street, complimented the Council on selecting
the old Sears site for the new City Hall. He suggested that the Council
consider remodeling the old Sears Building rather than tearing it down because
he felt that it is in pretty good condition.
On another matter Mr. Jenkins referred to the gas bills. He stated that in
the past eight years, the City has transferred from the Utilities Department
large sums of money each year and he suggested that since times economically are
not too good for people, that winter rates on gas be established. He also
stated that he was of the opinion that the City could purchase gas from a better
source that does not include fuel adjustment.
There being no further business to come before the Council, on motion by
Mayor Pro Tem Turner, seconded by Council Member Berlanga and passed
unanimously, the meeting was adjourned at 5:30 p.m., January 18, 1984.
DZ/rr