HomeMy WebLinkAboutMinutes City Council - 12/11/1984MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
DECEMBER 11, 1984
2:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Betty N. Turner
Council Members:
David Berlanga, Sr.
Welder Brown
Leo Guerrero
Dr. Charles W. Kennedy, Jr.
Joe McComb
Frank Mendez
Mary Pat Slavik
City Manager Edward A. Martin
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Council Member Charles W. Kennedy, Jr. 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 Leo Guerrero.
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.
A motion was made by Council Member Welder Brown that the Minutes of the
Regular Council Meeting of November 29, 1984 be approved as presented; seconded
by Mayor Pro Tem Turner; and passed unanimously.
Mayor Jones recognized representatives of the Art Museum of South Texas who
had requested that they be allowed to make a presentation in connection with the
Christmas Tree Forest.
Ms. Mary Ann Parnell explained that the Art Museum of South Texas is
sponsoring the annual Christmas Tree Forest for the 25th year. She provided the
opening hours and days of the exhibit and extended to the City Council an
invitation to come to the Christmas Tree Forest. She then presented Mayor Jones
with a T-shirt and Ms. Parnell and two other members of the Auxiliary to the Art
Museum presented candy to all of the members of the audience.
MICROFILMED
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Mayor Jones called for Board and Committee appointments and reviewed those
discussed during the morning Workshop Meeting.
A motion was made by Council Member Kennedy that the following appointments
be confirmed, seconded by Council Member Guerrero and passed unanimously.
a. Citizens Advisory Health Board: Term
Harry H. Miller (Reappointment)
Dr. William D. Taylor (Reappointment)
Mrs. Helen Bechtel (Reappointment)
b. La Retama Library Board:
Mrs. Jeff Bell (emeritus, voting)
Alicia Gallegos -Gomez (Reappointment)
Mrs. Robert B. Wallace
Cecil Cage Wavell
c. Landmark Commission
Robert Kipp (architect - reappointment)
Margaret Walberg (non -pro. historian, Rept.
Florence Victor (Reappointment)
Gladys Tilley (Reappointment)
Manley Springs (Reappointment)
Barbara Campbell
Joe Flores
Leonel Fernandez, Jr.
Margaret Ramage (Advisory Member)
d. Sister City Committee:
Farrell Smith
Johnny Alaniz
Ramon C. Lopez
Linda Landreth
Barbara Dove
d. Solicitations Commission:
Aldine Burton
11-11-87
11-11-87
11-11-87
Completion
of Central Lib.
11-05-86
11-05-86
11-05-86
11-20-86
11-20-86
11-20-86
11-20-86
11-20-86
11-20-86
11-20-86
11-20-86
11-20-86
5/85
5/85
5/86
5/87
5/87
7-10-87
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e. Nueces County Community Action Agency
Mayor Pro Tem Betty Turner (Rep. by Sandra Gonzalez)
Council Member David Berlanga (Rep. by Elizabeth de los Santos)
Council Member Welder Brown (Rep. by Lamont Taylor)
Council Member Leo Guerrero (Rep. by Maria Martinez)
Council Member Frank Mendez (Rep. by Carloz Valdez)
K. ACTION OF THE COUNCIL FROM THE WORKSHOP SESSION
Approving the establishment of a Gas Assistance Program and confirming Mrs.
Paul Kratzig as Community Chairman of the Program. Authorizing an
expenditure of up to $7,000 for marketing of the Program and authorizing
the staff to negotiate and enter into a contract with Nueces County Social
Services Department for dispersal of the contributions collected to
residents of the City of Corpus Christi.
A motion was made by Council Member Guerrero that the foregoing item be
confirmed, seconded by Mayor Pro Tem Turner and passed unanimously.
* * * * * * * * *
Mayor Jones announced the bid opening on the following engineering project:
Acushnet, Brookdale, Overland Meadows, Parkview and Sands Parks
Improvements: Proposed park improvements consist of the installation of
multipurpose courts, gazebos, covered picnic units, barbeque pits,
playground equipment, tree planting, seeding and fertilizing, and
irrigation systems in each park.
Assistant City Manager James K. Lontos opened bids on this project from the
following companies: A-1 General Contractors; Black Brothers Construction
Company; Brine Service Company, Inc.; Ibanez Construction Company; The Lerma
Company & Associates; Salazar Construction Company; Randall & Blake, Inc. of
Littleton, Colorado; and Lincoln -Moore Construction Company, Inc.
Mr. Lontos verified that all of the firms had submitted the required bid
security bond and had acknowledged receipt of Addendum #1.
Council Member Guerrero stated that assuming the Lerma bid is actually the
best bid, and it is less than the engineer's estimate, he inquired about the
disposition of the $30,000 that would be available after completion of this
project.
City Manager Martin explained that the engineer's estimate does not
necessarily mean that the City actually has that amount of money available, but
if there are funds remaining after completion of the project, the money will be
placed in the unappropriated bond fund.
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Mayor Jones called for consideration of the Consent Motions on the
following items:
1. Bids be received January 3, 1985 for a six month supply for approximately
20,000 feet of copper tubing, size 3/4" - 2" to be used by the Water
Division and stored at the City Warehouse. Estimated expenditure is
$15,860.
2. Bids be received January 9, 1985, for a self propelled walk behind
vibratory roller for the Street Division. Roller is included in the 84-85
Capital Outlay Budget with an estimated expenditure of $7,500.
3. Approving renewal of the annual contract with the Corpus Christi Indepen-
dent School District for the Corpus Christi Museum Education Program. The
District will pay the City $15,000 for this program, which is the same
amount as in the previous year.
4. Approving an installment payment agreement for one IBM 3380 Disk Storage
Drive to replace three IBM 3375 Disk Storage Drives. Funds for this
equipment are included in the 1984-85 budget.
5. Authorizing the City Manager to execute a gas delivery agreement with REH
Energy, Inc. whereby the City takes its 0.11763124 royalty interest in the
H & F Well No. 1 in kind. This gas is considered "mineral interest gas"
under the new gas supply agreement with Valero which allows the City to
take an additional 500 MCF per day over and above our 20 percent
supplemental gas supply. The City is presently expecting to receive
approximately 200 MCF per day from this gas well.
Mayor Jones referred
connection with item 4 and
City Manager Martin
Processing.
to the support memorandum provided the Council in
asked for the identity of Mr. Marvin Koehl.
explained that he is the Acting Director of Data
Mayor Jones then inquired about the method of delivery of gas from the new
well, and City Manager Martin explained that it goes directly into the line that
goes into the Valero line and subsequently, to the City's line. He stated that
this gas belongs to the Airport Fund but the gas funds are used to purchase the
gas from the Airport Fund. He stated that some time ago the Council discussed
certificates of obligation and explained that if the well comes in and produces,
the City can repay the debt service for the certificates of obligation.
6. Authorizing the City Manager to acquire additional telephone equipment
through the 12 month supply agreement with AT&T for the Fire Department in
an amount not to exceed $55,000, and for the 911 System in an amount not to
exceed $25,000.
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7. Authorizing the City Manager or his designee to execute a contract with the
Women's Shelter of the Corpus Christi Area, Inc. for $10,000 for various
improvements to their facility. This project is funded by the 10th Year
Community Development Block Grant Program.
8. Authorizing the City Manager, or his designee, to submit a grant applica-
tion with ACTION for the continuation of the Retired Senior Volunteer
Program (RSVP) for 1985-86 and to sign all documents necessary for the
program. The ACTION application grant budget is $86,828, $40,000 in Federal
funds, $16,182 in State funds, and $30,646 in City money. The grant year
begins April 1, 1985.
9. The N.A.S. Drive Landscaping project be accepted and final payment of
$6,213.19 be authorized to Currie's, Inc. It is further recommended that
the contractor be charged liquidated damages for a 21 day time overrun at
the rate of $45.00 per day for a total of $945.00. The total cost of this
8th Year Community Development Block Grant project was $26,349.45.
10. Plans and specifications for the Riverview Trail Street Improvement project
be approved and bids be received on January 8, 1985. This project provides
for the construction of new pavement, curb and gutter, sidewalks, and an
underground storm sewer system in Riverview Trail from Smith Drive to River
Forest Drive. As part of this project, it is proposed to install a storm
sewer across Lot 19, Cenizo Canyon I downstream of the River Forest
Subdivision, which is also a portion of the Riverview Trail storm sewer
outfall, to eliminate an erosion problem which has occurred as a result of
storm runoff. This is a 1982 Voluntary Paving Program project.
11. The following actions be taken as a result of a review of the adequacy of
fees and charges previously established for the water and sewer lot/acreage
trust fund policies (Ordinance Nos. 17396 and 17092) as contained in the
Platting Ordinance:
a. Make a finding that the lot/acreage fees, tap surcharge fees, and pro
rata fees presently provided for in the water and sanitary sewer
policies in the Platting Ordinance are adequate.
b. Authorize the transfer of $90,000 from the Water Distribution Main
Extension Trust Fund into the Water Arterial Transmission and Grid
Main Trust Fund.
Council Member Kennedy referred to item 11 and noted that the Council had
talked several months ago about the surcharge fees and the fact that they were
high enough to pay the City's expenses and the City did not anticipate any
increase. He asked for further details in relation to the memorandum.
City Manager Martin agreed that an analysis had been prepared on the direct
City cost of a tap.
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Council Member Slavik stated that earlier a final report was given for the
Steering Committee of Corpus Christi '90 and the members of that committee are
concerned that the Council might be preempting their work because they were of
the opinion that the tap fee did not adequately cover the City's expense.
City Manager Martin stated that the Staff believes that it does.
Mayor Jones noted that the Committee had other concerns such as citizens
who are not yet tied to the sewer line.
City Manager Martin stated that the Council could require that citizens tie
on after a certain period of time.
Council Member Slavik referred to item 7 and inquired about the starting
date for the improvements.
Mr. Utter explained that the Corpus Christi Women's Shelter is ready to
begin work as soon as possible.
City Manager Martin informed the Council that they also have a zoning case
that needs to be considered before work is started.
Mr. Utter pointed out that the Women's Shelter has made good use of the
funds provided them in the past.
Council Member McComb referred to item 9 and asked Mr. Lontos to explain
the 21 -day overrun.
Mr. Lontos stated that he, too, had a little difficulty with the overrun
information at first, but after checking with the contractor, the Staff has
determined that there are some legitimate reasons for the 21 -day overrun. He
explained that the company was hurt because of the winter freeze and the
difficulties encountered with the water shortage, but after they received the
trees, it is possible that they did not move forward quickly enough on the
project.
Council Member McComb stated that he realized that this company had a lot
of difficulty because of the freeze and the water shortage and noted that the
company even had to replace 44 trees that had been planted that had freeze
damage.
Council Member Guerrero concurred stating that as a contributing factor,
the Council is aware of what happened to the Greens industry during the water
shortage in that they were forced to reduce their personnel.
Mayor Jones pointed out that if the City does not adhere to the
specifications, this is wrong. He agreed that Currie's was hurt by the freeze
and the water shortage, but they need to comply with the terms of the contract.
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Mayor Pro Tem Turner agreed that the City has the authority to penalize
contractors but inquired if Currie's is in agreement with this.
Mayor Lontos stated that his Staff has talked to them, and although they
are not happy about the penalty, they have agreed that it is just.
Council Member Mendez referred to item 10 and inquired if the residents of
that area are still in favor of the improvements after the second survey, and
Mr. Lontos replied that they were.
12. The Hillcrest Park Improvement project be accepted and remaining funds of
$22,789.17 be authorized to Mehne Construction, Inc. It is further
recommended that the contractor be granted a 43 day time extension to
supplement the 60 working days allotted for the work because of material
delivery delays beyond the contractor's control. The total cost of this
9th Year Community Development Block Grant project is $59,185.77.
13. Specifications be approved and bids be received on January 9, 1985, for
roof repairs to the following City buildings:
Police Department Property Room (1517 Winnebago)
Fire Station No. 10 (1550 Horne Road)
A portion of the Central Fire Station (209 S. Carancahua)
Funding for this work is available in the departmental operating budgets of
the Police and Fire Departments.
14. Plans and specifications for the Lakeview Acres Sanitary Sewer Improvement
project be approved and bids be received on January 8, 1985. This 1982
Supplemental Wastewater Capital Improvement project provides for the
construction of sanitary sewer collection lines in the Lakeview Acres
Subdivision, which is located at Holly Road and Rodd Field Road.
15. Authorizing the City Manager, or his designee, to submit a FY -85 HUD Rental
Rehabilitation Program application and proposal to the U.S. Department of
Housing and Urban Development for $172,000.
Council Member Guerrero referred to item 15, noting that it is an excellent
program, and inquired if the City advertises the availability of this program.
Mr. Ezekiel Elizondo informed the Council that the Staff has published ads
in the newspaper and made appearances at various functions to inform the people
that the funds are available. Hestatedthat there are 21 units that are being
upgraded at this time. He assured the Council that none of the houses are
vacant after the rehabilitation.
There were no comments from the audience on the Consent Motions.
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A motion was made by Mayor Pro Tem Turner that Consent Motions, items 1
through 15 be approved, seconded by Council Member Guerrero and passed
unanimously.
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Mayor Jones called for consideration of the Consent Ordinances and
Ordinances from Previous Meetings on items 16 through 24.
In reference to Ordinance No. 19 which authorizes the continuation of the
temporary position of Associate Curator, Council Member Slavik inquired if the
Museum Director's job has been advertised.
Council Member Martin assured the Council that it has been advertised; the
City has had good response from the advertising; they are in the process of
evaluating the applicants; and interviews will soon be conducted.
There were no comments or questions from the audience on the ordinances;
City Secretary Read polled the Council for their votes; and the following
ordinances were passed:
16. ORDINANCE NO. 18590:
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCELS 27 AND 29 IN CONNECTION WITH THE PURDUE ROAD STREET IMPROVEMENTS,
PHASE II PROJECT; APPROPRIATING $1,444; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb,
Mendez and Slavik voting, "Aye".
17. ORDINANCE NO. 18591:
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCELS 10 AND 11 IN CONNECTION WITH THE PURDUE ROAD STREET IMPROVEMENTS,
PHASE II PROJECT; APPROPRIATING $1,650; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb,
Mendez and Slavik voting, "Aye".
18. ORDINANCE NO,. 18592:
AUTHORIZING EMINENT DOMAIN PROCEEDINGS SY THE CITY TO CONDEMN FEE TITLE TO
A PARCEL OF LAND FOR THE SOUTH STAPLES TRUNK -SEWER EXTENSION (fro) AND TO
ACQUIRE SAID PARCEL FROM THE OWNER, GRAFORD ROGERS; 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, Brown, Guerrero, Kennedy, McComb,
Mendez and Slavik voting, "Aye".
19. ORDINANCE NO. 18593:
APPROPRIATING $14,100 FOR CONTINUATION OF THE TEMPORARY ASSOCIATE CURATOR
POSITION TO COMPLETE SEVERAL ART PROJECTS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb,
Mendez and Slavik voting, "Aye".
20. FIRST READING:
AUTHORIZING THE EXECUTION OF A CONSENT TO THE ASSIGNMENT OF THE FARM LEASE
WITH BENNIE GALLAGHER TO THE KLOSTERMANN FARMS.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Turner, Berlanga, Brown,
Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye".
21. FIRST READING:
AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 6-21, IMPOUNDMENT, BY
INCREASING FEE FOR IMPOUNDMENT OF LIVESTOCK WEIGHING 100 POUNDS AND OVER
AND PROVIDING FOR THE AUCTION OF UNCLAIMED LIVESTOCK.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Turner, Berlanga, Brown,
Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye".
22. FIRST READING:
AMENDING SECTION 53-253, SCHEDULE IV - STOPPING, STANDING OR PARKING
PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS; SECTION 53-252,
SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, AND
SECTION 53-152, STOPPING, STANDING OR PARKING NEAR HAZARDOUS OR CONGESTED
PLACES, OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERANCE; AND PROVIDING
FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Turner, Berlanga, Brown,
Guerrero, Kennedy, t4cComb, Mendez and Slavik voting, "Aye".
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23. SECOND READING:
AMENDING SECTION 53-254, SCHEDULE V - INCREASE OF STATE SPEED LIMIT IN
CERTAIN ZONES, OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the second time and passed to its
third reading by the following vote: Jones, Turner, Berlanga, Brown,
Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye".
24. THIRD READING - ORDINANCE NO. 18594:
AUTHORIZING THE EXECUTION OF A THREE YEAR LEASE AGREEMENT WITH BAYFEST,
INC. FOR THE PURPOSE OF HOLDING A FESTIVAL AND RELATED ACTIVITIES.
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, MCComb,
Mendez and Slavik voting, "Aye".
* * * * * * * * *
Mayor Jones called for Actions by Motion from the Regular Agenda on the
following item:
25. Authorizing the City's participation in a cooperative effort with other
cities in Central Power and Light Company's fuel factor reconciliation
case; authorizing the City Manager to act for the City in the confirmation
of an Executive Committee to direct said cooperative effort; ratifying and
approving selection by the Executive Committee of a rate consultant and Don
Butler as legal counsel; authorizing said legal counsel to intervene on
behalf of the City before the Public Utility Commission in Central Power
and Light Company's fuel factor reconciliation case; authorizing the City
to receive and pay all bills incurred for such services in this cooperative
effort and to be reimbursed directly from Central Power and Light Company
in accordance with the Public Utility Regulatory Act.
City Manager Martin provided an explanation by stating that historically in
the State of Texas and under the City's system, when CP&L seeks a rate increase,
they do it in two fashions: (1) they make a direct filing with the City, and
(2) with the Public Utilities Commission. He explained that the City must pass
on the rate case before it is considered by the Public Utility Commission. He
stated that CP&L sets the same rates for rural and for urban rate cases. He
stated that the City traditionally intervenes in the rural rate case to be
considered by PUC through the regional and district areas by joining with as
many as 40 other cities affected by a rate change from CP&L, at which time they
hire a consultant and proceed to intervene in the case to be heard by the Public
Utility Commission. He noted that although this is a positive issue in that a
refund will be involved, the City still needs to be involved to be sure that
they concur with the amount of money to be refunded and he recommends that the
City Council approve this to be sure that the fuel factor is correct.
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Mayor Jones agreed that this was a good action on the part of the City and
noted that this reduction in rates is only going to be a temporary measure. He
stated that he felt that there is a need to see how much will be refunded to the
customers and how the refund will be made. He noted that after the money has
been refunded, the rates will revert to the current rate.
Council Member Kennedy inquired if CP&L is required to pay interest on that
amount of money, and Mr. Doegey replied that they are and that it will be at the
lawful rate.
No one in the audience spoke in regard to this item.
A motion was made by Mayor Pro Tem Turner that item 25 be approved,
seconded by Council Member Mendez and passed unanimously.
* * * * * * * * *
Mayor Jones called for Action by Ordinance on item 26 through 29.
City Manager Martin referred to the attachment he had sent to the City
Council in regard to the Compensation Plan changes which they had requested by
motion on October 16, 1984. He explained that Ordinance 26 repeals Section 2 of
Ordinance No. 17728, noting that it is just the language that is being repealed.
He stated that the following section on Managerial Group Salary Adjustments is
being repealed by the proposed ordinance: "The City Manager may authorize
increases in salary ranges and individual salaries for all employees in the
Managerial Group including Council appointed positions effective August 8,
1983."
Mr. Martin stated that the second ordinance referring to subsections 509,
551.5 and 551.7 ordinance actually amends the Compensation Plan and the specific
additions and deletions are set forth in the proposed ordinance.
Council Member Berlanga explained that the reason some of the Council
Members brought this subject up was because the Manager had more authority than
the Council Members thought he. should have in creating jobs, increasing
salaries, establishing positions, etc., without the Council's consent. He
stated that he had read the proposed changes in the subsections referred to in
the Compensation Plan and he did not know how the City Manager thought that this
would satisfy the Council's demands. He stated that the Council Members want to
approve the ranges before the City Manager grants them and he feels that the
Council should be informed prior to making a decision. He stated that he
rejects the wording proposed because it does not accomplish what the Council
requested.
Council Member Slavik stated that she concurred with the recommended
changes in Section 1 and Section 2 but on Section 3, she did not agree with the
City Manager because she did not feel that it is in accordance with the City
Charter yet. She stated that she felt that the City Charter gives the Council
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the right to make the decision on Grades 25 or higher and stated that she would
prefer to delete the next eight lines which begins as follows: "throughout the
fiscal year, employee salary levels, appointments, reclassifications, and title
changes within the Managerial Group, with the exception of Council appointed
positions, shall be determined by the City Manager provided such changes are
made within the Council/approved appropriation of total salaries funded for the
fiscal year." She expressed the opinion that the proposed changes do not give
the Council the power that they should have according to the authority granted
by the City Charter. She stated that the Council should have an opportunity to
discuss this before the Compensation Plan is amended and she stated that she
would like to have this item postponed for one week.
Council Member McComb stated that he is interpreting Council Member
Berlanga's statements to imply that he wants more input and that he wants to be
able to approve salaries for individual employees. He stated that in his
opinion, that is outside the realm of the Council/Manager Form of Government
because the City Manager needs to have the authority to approve salaries within
the range. He stated that if the Council wants to get into setting salaries,
etc., they are getting into personnel problems which is restricted by the city
Charter because this would be dealing with personalities. He stated that the
City Manager should have this flexibility. He stated that the Council just
wants to be informed of managerial appointments and promotions. He pointed out
that for the Council to say that they are going to approve each individual's
salary or promotion is wrong and he felt that this is in violation of the City
Charter.
Council Member Mendez stated that the other Council Members seem to be
discussing Section 3 pertaining to 551.7 but he would like to refer to Section 1
in regard to application of the Compensation Plan to positions in the
unclassified service. He stated that he would like for that section to include
the statement that the City Council sets the salary ranges at the time the
budget is adopted and he would like to have the phrase added that the salary
ranges will not be changed during the fiscal year. He then referred to Section
2 in regard to the rate of pay and promotions and inquired if that referred to
the thirty-five positions on which the City Manager must report to the City
Council.
City Manager Martin stated that it refers to all of those listed in that
ordinance.
City Manager Martin explained that there are salary levels in three
different categories as follows: (1) Council appointed; (2) Manager appointed
with Council confirmation and that includes those thirty-five positions that are
listed in the ordinance; (3) others in the Managerial Group.
Council Member Mendez stated that he personally did not want to be in a
position of setting individual salaries but he felt that the Council should be
able to set the salary ranges. He suggested adding, "that the salary ranges
that are approved by the City Council and any time there are any changes in
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classification or new positions added, that the Council should have the
opportunity to set the salary ranges which are approved at the time the budget
is adopted."
Council Member Guerrero noted that at the time this was originally brought
up a few months ago, the Council wanted to be sure that it was a joint
responsibility between the Council and the City Manager but he felt that there
was a need to maintain the Managerial position and he felt that the salary
changes should remain constant during the fiscal year unless otherwise
authorized by the City Council in cooperation with the City Manager. He stated
that he had no problem with Section 2 but then referred to Section 3 and stated
that he would like to make this proposed change: "by the City Manager provided
such approved salary ranges have been authorized in cooperation with the City
Council".
Mayor Jones stated that he interprets the proposed changes to allow for any
changes to be made by the City Manager within the range that has been
established by the City Council. He stated that he could support that.
Council Member Guerrero reiterated that he thought that it was a joint
effort between the City Council and the City Manager.
Council Member Guerrero's motion was seconded by Council Member Mendez.
City Manager Martin stated that he would like to suggest some changes in
the language that says the same thing: "by the City Manager provided such
changes are made within the salary ranges that have been authorized in
cooperation with the City Council and within the appropriation of total salaries
for funded for the fiscal year."
Mayor Jones expressed the opinion that this adds a little bit to the
proposed ordinance and agreed that it has to be within the appropriations for
the fiscal year.
Council Member Kennedy asked for a clarification. He gave as an example
that if an employee had a GS rating of Grade 30 and the salary range for that
grade was between 1 and 2 and that number could not be changed without Council
approval but the amendment does not say job title but just rating. He stated
that if the employee, because of an increase of responsibility and the City
Manager makes the decision to change the grade, that would be classified as
something that needs to be approved by the City Council.
City Manager Martin stated that is correct, he could change the salary but
it must be within the salary range for that grade; the salary could be changed
without Council approval; but if he changed the salary range, that would require
Council approval.
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Mayor Pro Tem Turner inquired if the City Manager could work within that
guideline, and City Manager Martin stated that he thought that the Council was
going to go that route and he would like to request that the Council remain open
enough that if he found problems that might have an adverse effect if he could
return to the Council with a suggestion. He pointed out that on the surface,
this is a limiting issue, and that is not his preference, but he could live with
it.
Council Member Slavik explained that the reason some of the Council Members
were concerned is because they do not want any surprises and stated that she and
the other Council Members wanted to be informed of any changes. She also stated
that it is her understanding that Council Member Guerrero had wanted to be
assured that there would be no surprises budget -wise either, particularly
because of criticism by the public and the taxpayers. She stated that she felt
that this would take care of her concern.
Council Member McComb stated that he could support the changes if the
Council could remain open-minded in reviewing the Manager's problems. He agreed
that he had no problem with the Council's being involved in salary ranges but
the Council should not get involved in personalities and in setting specific
salaries. He stated that he is willing to approve these changes as long as the
Council does not get involved in salary setting and that they do not hamper the
City Manager.
Council Member Berlanga stated that he did not think the changes are
appropriate nor are they in compliance with the Charter because all of the
proposed wording has loopholes. He stated that he wants to know when the City
Manager establishes positions before he does so and he felt that the City
Manager still has a loophole. He suggested that this be tabled for a legal
opinion because he did not approve of any of the wording suggested by the
Council Members. He stated that the Council wants to know about any major
changes in regard to salaries before they are made.
Council Member Kennedy stated that he felt that this accomplishes all of
the concerns that he has. He stated that this is not Chicago and it is not a
strong Mayor form of government; it is a City Manager/Council form of government
and he felt that the proposed changes are within the Charter requirements.
Mayor Jones stated that he felt that the Council should approve the changes
because the Council should set policy and the City Manager should carry out that
policy.
Council Member Mendez referred to the time that this was discussed
previously and noted that the Council Members felt an obligation to protect the
taxpayers. He stated that he felt that if the Council approves the salary
ranges, and if a new position is created, then the Council would have to set the
salary range for that new position.
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_.egular Council Meeting
December 11, 1984
Page 15
Council Member Guerrero called for the question.
Council Member Brown stated that he can support these changes and he thinks
this is what Council Member Berlanga asked for in the first place -- the Council
sets the salary range; the City Manager's hands are not tied; but if he gets out
of the range, then the Council has to be notified.
Mayor Jones asked that the motion be repeated and it was determined that
the following changes were included in the motion:
In Section 1 -- "those positions, and furthermore these ranges shall remain
constant during that fiscal year unless otherwise authorized by the City
Council in cooperation with the City Manager".
Amending the proposed change in Section 3 to add the following: "shall be
determined by the City Manager provided such changes are made within the
salary ranges that have been authorized in cooperation with the City
Council and within the appropriation of total salaries funded for the
fiscal year. The City Manager shall promptly notify the City Council of
actions taken on appointments, reclassifications and title changes within
the managerial group."
Council Member Berlanga made a motion to table Ordinance 26 and 27.
The motion was seconded by Council Member Slavik and failed to pass by the
following vote: Berlanga and Slavik voting, "Aye"; Jones, Turner, Brown,
Guerrero, Kennedy, McComb and Mendez voting, "No".
The motion failed to pass.
Mayor Jones then called for the vote on the amended ordinance and the
following ordinances were passed:
26. ORDINANCE NO. 18595:
REPEALING SECTION II OF ORDINANCE NO. 17728; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez
and Slavik voting, "Aye"; Berlanga, "No".
27. ORDINANCE NO. 18596:
AMENDING ORDINANCE NO. 8127, AS AMENDED BY AMENDING SUBSECTIONS 508, 551.5,
AND 55.17; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez
and Slavik voting, "Aye"; Berlanga, "No".
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Page 16
* * * * * * * * *
Mayor Jones called for consideration of Ordinance No. 28 which is the first
reading of an ordinance amending the agreement to contract for the Corpus
Christi Aquarium Association granting the Association an 18 -month extension on
the start of construction.
Council Member Slavik stated that she will vote for the 18 -month extension,
but she is of the opinion that it would be a mistake to put the aquarium on the
T -Head. She stated that she felt that the best location for the aquarium would
be the site of the Coliseum and City Hall, an area which could provide green
space and an art center as well as the aquarium.
Council Member Kennedy stated that he will support this ordinance also but
for different reasons from Council Member Slavik. He stated that he thinks that
this is an excellent group.
Mayor Jones expressed the opinion that the aquarium will be one of the
major contributions to the City.
Mayor Pro Tem Turner indicated that she also agrees with the extension and
is in total support of the aquarium but not necessarily on the T -head site.
There were no comments from the audience on this ordinance.
City Secretary Read polled the Council for their votes; and the following
ordinance was passed:
28. FIRST READING:
AMENDING PARAGRAPH XV OF THE AGREEMENT TO CONTRACT DATED SEPTEMBER 29,
1981, APPROVED BY ORDINANCE NO. 16542 ON SEPTEMBER 23, 1981, BETWEEN THE
CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI AQUARIUM ASSOCIATION TO
EXTEND THE TIME FOR THE TERMINATION OF THE AGREEMENT TO CONTRACT AN
ADDITIONAL 18 MONTHS.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Turner, Brown, Guerrero,
Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "absent at the
time the vote was taken".
City Manager Martin referred to Ordinance No. 29 which is the third reading
of an ordinance authorizing a lease agreement with Airdrome Corporation for
development of a 10.5 acre tract at the Airport. He informed the Council that
the representatives of Airdrome Corporation have requested that the City delay
this ordinance for one week.
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December 11, 1984
Page 17
Council
the City has
three months
stating that
zoning cases
the cases, a
Member Kennedy stated that he had heard comments to the effect that
a backlog of zoning cases and that sometimes it takes as long as
to complete a zoning application. He asked for Staff comments,
he felt that it is mandatory that the City Council keep up with the
. He stated that he felt that if the Council is behind in hearing
night meeting should be scheduled.
City Manager Martin explained that he has an item prepared to present to
the Council later to do exactly that. He noted, however, that if someone has
told Dr. Kennedy that they have waited three months for a zoning application,
that simply is not true because the Council is up-to-date on hearing the zoning
cases. He informed the Council that zoning public hearings are scheduled for
January 2nd which are the ones that were heard by the Planning Commission on
December 5th. He noted, however, that the Planning Commission heard seven cases
last week and an additional seven cases this week and the City will begin to get
behind since there is no Council meeting scheduled for the week of December 25,
and for that reason, he hopes to schedule a special meeting the first week in
January to hear seven zoning cases.
* * * * * * * * * *
Mayor Jones announced the public hearing on six zoning applications.
30. Application No. 1184-5, Seaterra, Inc.: for a change of zoning from "R -1B"
One -family Dwelling District to "RE" Residential Estate District on a tract
of land being 59.87± acres out of Lots 8, 9, and 10, Section 37, Flour
Bluff and Encinal Farm and Garden Tracts, located on the northwest side of
the intersection of Roscher and Ramfield Roads, approximately 1,250' south
of Caribbean Drive.
Assistant City Manager Tom Utter informed the Council that in response to
the ten notices of the public hearing, three in favor and one in opposition had
been returned. He stated, also, that the Planning Commission and Planning Staff
both recommend approval.
Mayor Jones ascertained that no one in the audience wished to speak in
opposition to the zoning application.
A motion was made by Council Member Kennedy that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
A gentleman in the audience indicated that he wished to speak in regard to
this zoning case and Mayor Jones declared the hearing reopened in order to allow
him to speak in opposition to the request.
Mayor Jones called on the applicant to speak first.
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December 11, 1984
Page 18
Mr. Dana Bennett, speaking on behalf of Seaterra, Incorporated, stated that
it is their intention to develop one -acre lots on this tract of land. He stated
that it is adjacent to the Roscher Estates which is also one -acre lot properties
and they feel that this will be a quality type of development.
Speaking in opposition to the request was Mr. Byron Gierhart who stated
that he lives in Roscher Estates on the adjacent property. He stated that he
would like to see the proposal for the development of the subject property to be
sure that nothing will be constructed that will detract from Roscher Estates.
Mayor Jones pointed out that the request is for "RE" zoning; Roscher
Estates is zoned "RE"; and the developer for this property will be bound by the
same regulations that Roscher Estates had to comply with.
Mr. Bennett informed the Council that the Real Estate Agent for the new
development is Barbara Lampert and she will be glad to let Mr. Gierhart see
their plans.
No one else spoke in regard to this zoning case.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Brown and passed unanimously.
City Secretary Read polled the Council for their vote on the ordinance and
it passed as follows:
30. ORDINANCE NO. 18597:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SEATERRA, INC. BY
CHANGING THE ZONING MAP IN REFERENCE TO TRACTS 1 AND 2 OUT OF LOTS 8, 9,
AND 10, SECTION 37, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FROM
"R -1B" ONE -FAMILY DWELLING DISTRICT TO "RE" RESIDENTIAL ESTATE DISTRICT;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Brown, Kennedy, McComb, Mendez and Slavik
voting, "Aye"; Berlanga and Guerrero, "absent at the time the vote was
taken".
* * * * * * * * * *
31. Application No. 1184-7, Mr. Sam L. Allen: for a change of zoning from
"A-2" Apartment House District to "B-5" Primary Business District on Lots
12, 13, and 14, Block 1, Jones Addition, located on the southwest corner of
Sam Rankin Street and Mestina Street.
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Page 19
Mr. Utter stated that in response to the seventeen notices of the public
hearing, six in favor and none in opposition had been returned and that both the
Planning Commission and Planning Staff recommend approval of this application.
Mayor Jones ascertained that no one in the audience wished to speak in
regard to this case.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Kennedy and passed unanimously.
Mr. Larry Wenger, Director of Planning, displayed slides of the area and
pointed out its location, noting that it will be located directly across the
street from the new City Hall.
Council Member Slavik referred to the Minutes of the Planning Commission
which indicate that the existing zoning is "B-2" whereas it should be "A-2".
Mr. Utter stated that the change in the Minutes will be made.
City Secretary Read polled the Council for their votes and the following
ordinance was approved:
31. ORDINANCE NO. 18598:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SAM L ALLEN BY CHANGING
THE ZONING MAP IN REFERENCE TO LOTS 12, 13, AND 14, BLOCK 1, JONES ADDITION
FROM "A-2" APARTMENT HOUSE DISTRICT TO "B-5" PRIMARY BUSINESS DISTRICT; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb,
Mendez and Slavik voting, "Aye".
* * * * * * * * * * *
32. Application No. 1184-1, Messrs. Leslie Simon and Joe Oshman, Texas Commerce
Bank Trustee: for a change of zoning from "F -R" Farm -Rural District to
"R -1C" One -family Dwelling District on Tract 1 and to "A-2" Apartment House
District on Tract 2, Tract 1, being 45.77± acres and Tract 2 being 14.42±
acres out of Lots 12, 13, and 14, Section 27, Flour Bluff and Encinal Farm
and Garden Tracts, located on the north side of Wooldridge Road,
approximately 1,250' east of Rodd Field Road.
Mr. Utter informed the Council that in response to the thirteen notices of
the public hearing, five in favor from within the area of notification and two
in favor from outside the area of notification had been returned and none in
opposition had been received. He stated that the Planning Commission and
Planning Staff recommend approval of "R -1C" on Tract 1 and denial of the "A-2"
request for Tract 2 and in lieu thereof, that "R -1C" be granted for that tract
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.egular Council Meeting
December 11, 1984
Page 20
also. Mr. Utter stated that the Staff is aware that a request was received from
the agent of the applicant requesting that the case be delayed. He stated that
the public hearing must be opened since it has already been advertised and
notices have been mailed to property owners within the 200 -foot area. He stated
that he case can be delayed until January 15th but the City already has a number
of zoning cases on which public hearings are to be set.
Mayor Jones stated that the problem he has with this request is that Dr.
Oshman is not the only person involved.
No one spoke in opposition to this zoning request.
Mayor Pro Tem Turner stated that she can appreciate why the Staff would
object to "A-2" zoning but inquired if there would be a problem with "A-1"
zoning on Tract 2.
City Manager Martin stated that since no one is here in regard to this
zoning case, he was of the opinion that the Council should decide if they are
going to delay it because there is no reason to make the presentation on the
entire case today.
Council Member McComb noted that Mr. Larry Urban of Urban Engineering was
present as a representative of the property owners on this case, and since the
applicant was so late in requesting the delay, he suggested that the hearing be
conducted.
Mr. Wenger located the area on the zoning and land use map, described the
land use in the surrounding area and showed slides of the vicinity. He
explained that the reason the Staff recommends denial was because they felt that
it was inappropriate to have "A-2" density at this location. He informed the
Council that "A-1" zoning allows twenty-one units per acre whereas "R -1C" zoning
allows only nine units per acre.
Mr. Larry Urban, representing the applicant, stated that the "A-2" zoning
that they requested is for apartments. He explained that the applicant had
requested his company to prepare a land use plan for this project; they have
conducted traffic studies; there are utilities to serve the property; it is
adjacent to "A-1" zoning; and he is of the opinion that it will fit in with the
neighborhood very well. He urged that the "A-2" zoning be approved, noting that
he could talk to his client and see if he would consider "A-1" zoning.
Mr. Utter explained that "A-1" zoning allows twenty-one units and "A-2"
zoning allows thirty-six units.
Mr. Urban pointed out that even though thirty-six units per acre are
allowed under "A-2" zoning, very few apartment complexes have that many units.
He stated that the tract includes fourteen acres.
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.egular Council Meeting
December 11, 1984
Page 21
A motion was made by Council Member Kennedy that this public hearing be
recessed until after January 15, 1985.
The motion was seconded by Council Member Slavik and passed unanimously.
* * * * * * * * * * *
33. Application No. 1184-4T, Corpus Christi Land Venture: Amend Article 31,
Newly Annexed Territory, by amending Section 31-5 by adding thereto one new
subsection to be numbered 31-5.77 setting forth zoning classifications of
"B-4" General Business District (Tracts 1 and 3), "B-1" Neighborhood
Business District (Tract 4), and "A-2" Apartment House District (Tract 2)
on described tracts of land when annexed to the City of Corpus Christi,
Texas, Tract 1 being 22.09± acres, Tract 2 being 134.30± acres, Tract 3
being 24.68± acres, and Tract 4 being 12.48± acres, all Tracts out of Lots
17, 18, 25, and 26-32, Section 6, and Lots 1-4, Section 7, Flour Bluff and
Encinal Farm and Garden Tracts.
Mr. Utter informed the Council that in response to the five notices of the
public hearing, one in favor and two in opposition had been returned as well as
one in favor from outside the area of notification. He stated that the Planning
Commission and Planning Staff recommend approval of "B-4" on Tracts 1 and 3,
"B-1" on Tract 4 and approval of the requested zoning on a portion of Tract 2
and the other portion of Tract 2 be zoned "R -1B". He stated that the 20% rule
is in effect on this case and the individual who invoked the 20% rule is not
opposed to the zoning as recommended by the Planning Commission and Planning
Staff but is opposed to "A-2" zoning on Tract 2. He assured the Council that
both the applicant and the individual in opposition have agreed with the
Planning Commission and Planning Staff recommendation.
Mr. Henry Tucker, one of the applicants, stated that Mr. Edgar Moore and
his brother, Mr. John Tucker, were opposed to the requested zoning of "A-2".
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 Brown and passed unanimously.
City Secretary Read polled the Council for their vote on the ordinance
effecting the zoning change and the following was passed:
33. ORDINANCE NO. 18599:
AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED
TERRITORY, BY ADDING TO SECTION 31-5 SUBSECTION, 31-5.77, SETTING FORTH
ZONING CLASSIFICATION OF SAID AREA OF LAND DESCRIBED AS PORTIONS OUT OF LOT
17, 18, 25, AND 26-32, SECTION 6, AND LOTS 1-4, SECTION 7, FLOUR BLUFF AND
ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY.
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_.egular Council Meeting
December 11, 1984
Page 22
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb,
Mendez and Slavik voting, "Aye".
* * * * * * * * *
34. Application No. 1184-3, Oak Bay Developers: for a change of zoning from
"B-1" Neighborhood Business District to "B-4" General Business District on
Lot 5, Block 1, Lynwood Place Unit 4, located on the northeast corner of
Sacky Drive and Kostoryz Road.
Mr. Utter informed the Council that in response to the fifteen notices of
the public hearing, three in favor and three in opposition had been returned and
that both the Planning Commission and Planning Staff recommend denial.
Mr. Wenger located the area on the zoning and land use map, described the
land use in the surrounding area, showed slides of the vicinity and pointed out
that across the street, the property is zoned "A-2"; the property to the rear is
zoned "R -1B"; and there is a shopping center in existence under "B-1" zoning.
He pointed out that Sacky Drive extends into a single-family subdivision. He
noted that the type of business zoning is a strip shopping center which is for
neighborhood type of use; it abuts a residential subdivision; and to allow the
higher zoning of "B-4" would allow larger signs and more intense uses, including
the installation of a bar or a lounge.
Council Member Guerrero pointed out that there is a bar located at the
opposite corner of Kostoryz and Sacky.
Mayor Jones called on the applicant to speak.
Mr. Bill Ferguson, representing Oak Bay Developers, stated that he felt
that they had made a reasonable request because Kostoryz Road has changed a
great deal in the past few years and is no longer a residential type street. He
informed the Council that the subject property is only a few feet from Padre
Island Drive and the traffic count on Kostoryz has already increased
substantially in the past few years. He stated that he had checked all over the
City to see if there is any other zoning comparable to their requested zoning
and found many of the same situations all over the City. He stated that he
prepared a package of twenty sites which represent a similar situation to the
one requested by Oak Bay and pointed out that there are several strip shopping
centers that back up to residential subdivisions. He stated that he felt that
this is a growth area because of its proximity to Padre Island Drive. He
displayed a drawing showing a business strip use on Kostoryz Road and pointed
out that they did not know why the Planning Commission recommended denial. He
stated that they were concerned about the fact that a lounge might be located
there. He asked the City Council to consider this case on the merits of the
request at this location which would be appropriate for "B-4" zoning and urged
them not to be swayed by the fact that a bar might be located there.
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_.egular Council Meeting
December 11, 1984
Page 23
Council Member Kennedy inquired if the applicant would consider a special
permit which prohibited the installation of a lounge, and Mr. Ferguson stated
that they would not.
Council Member Berlanga noted that the American Legion Hall, Sokol Hall and
other similar types of business are located in this vicinity of Kostoryz. He
pointed out, also, that there are no residential structures on Kostoryz and
agreed that "B-4" zoning should be approved.
Council Member McComb stated that he will support the Staff in their
recommendation because he is convinced that "B-1" zoning is the proper zoning
for this piece of property.
Council Member Guerrero stated that he has no problems with granting the
"B-4" zoning because there are already a number of lounges in the vicinity.
Mayor Pro Tem Turner pointed out that this is the second time this
particular request has been before the Council and it was recommended for denial
in the last application. She stated that her concern is whether "B-1" or "B-4"
is appropriate zoning because this property does back up to "R -1B" zoning and
she stated that she could not approve "B-4" zoning.
Mr. Shawn Bodine, one of the partners in the venture, stated that they
applied for "B-4" zoning in their original planning stage. At that time, he
stated that they talked with the Staff and they felt that "B-1" zoning was more
appropriate. He explained that the center has been developed and they are in
the process of leasing it. He noted that this is already a high density,
heavily traveled area and then displayed slides of the property and pointed out
its proximity to Padre Island Drive. He stated that there would be very little
traffic using Sacky Street and they have a 25 -foot alley at the rear of the
property which provides a buffer between this property and the residential
subdivision.
Council Member Slavik inquired about the reason for the request for "B-4"
zoning, and Mr. Bodine explained that with the change in "B-1" zoning recently
approved by the Council, no lounges are allowed in "B-1" zoning but with "B-4"
zoning they can install larger signs which would be visible from Padre Island
Drive.
No one else spoke in regard to this zoning application.
A motion was made by Council Member Kennedy that the hearing be closed,
seconded by Mayor Pro Tem Turner and passed unanimously.
Mayor Jones stated that he will vote in accordance with the Planning
Commission and Planning Staff recommendation because of the residential
subdivisions in the vicinity.
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_.egular Council Meeting
December 11, 1984
Page 24
A motion was made by Council Member Berlanga that "B-4" zoning be approved,
seconded by Council Member Guerrero and failed to pass by the following vote:
Berlanga, Brown, Guerrero and Mendez voting, "Aye"; Jones, Turner, Kennedy,
McComb and Slavik voting, "No".
* * * * * * * * * *
35.for a change of zoning from B-3"
Industrial District on a tract of land
Section 52, Flour Bluff and Encinal Farm
east side of Waldron Road, approximately
Application No. 984-8, Mr. Michael Brink
Business District to "I-2" Light
being 2.348± acres out of Lot 16,
and Garden Tracts, located on the
312' north of Yorktown Boulevard.
Assistant City Manager Utter informed the Council that in response to the
seven notices of the public hearing, none in favor and four in opposition from
within the area of notification had been returned and one in opposition from
outside the area. He stated that the Planning Commission recommends denial and
the Planning Staff originally recommended approval but they, too, now recommend
denial. He explained that the applicant wishes to construct boat barns at this
location and the Planning Commission denied the request for "I-2" zoning but
suggested a special permit to allow for the construction of the boat barns. He
stated that the applicant does not want to accept a special permit, therefore,
the recommendation is for denial. He stated that the 20% rule is in effect.
Mr. Wenger located the area on the zoning and land use map, described the
land use in the surrounding area and showed slides of the vicinity.
Mr. Michael Brink, the applicant, informed the Council that he can build
boat stalls under the existing zoning but he would like to have "I-2" zoning so
that he can construct other shops with storage units on portions of this
property. He pointed out that "I-2" zoning is already in existence in the area.
Mayor Pro Tem Turner inquired if the applicant could construct a plumbing
shop under a special permit on this property.
Mr. Utter stated that he could build a plumbing shop now but he could not
have outside storage.
Mayor Pro Tem Turner inquired about the reason for the applicant's
objection to a special permit.
Mr. Brink stated that he wants the flexibility of the "I-2" zoning because
he feels that this is appropriate for this property.
A motion was made by Council Member Kennedy that the hearing be closed,
seconded by Mayor Pro Tem Turner and passed unanimously.
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.agular Council Meeting
December 11, 1984
Page 25
A motion was made by Council Member Kennedy that the requested "I-2" zoning
be denied but in lieu thereof, that a special permit be approved to allow for
"I-2" uses subject to submission of an acceptable site plan.
The motion was seconded by Mayor Pro Tem Turner.
Council Member Mendez suggested that the Staff work with him on the site
plan and take into consideration that the property is in the APZ-1 Zone.
The motion passed by a majority of the Council Members.
Mr. Utter stated that the Staff is assuming that the Council's intent is to
allow for the construction of boat storage and several shops, and Mayor Jones
stated that that was correct.
* * * * * * * * * * *
Mayor Jones called for the City Manager's comments.
City Manager Martin informed the Council that in past years, the City has
received a request from the Central Downtown Business District in regard to
parking downtown during the Christmas shopping period. He stated that if the
Council has no problem with this, he will contact the Downtown Business
Association to inform them that this will be allowed again this year.
A motion was made by Mayor Pro Tem Turner to authorize the City Manager to
allow free parking similar to the procedure in the past years.
The motion was seconded by Council Member Kennedy and passed unanimously.
City Manager Martin returned to a discussion of the special meeting for
zoning cases.
After some discussion, a motion was made by Council Member Kennedy that a
special meeting be conducted on Tuesday, January 8th at 7:30 p.m., to conduct
public hearings on zoning applications.
to 2.
The motion was seconded by Mayor Pro Tem Turner and passed by a vote of 4
Council Member Guerrero asked for a schedule of these meetings.
* * * * * * * * *
There being no further business to come before the Council, on motion by
Mayor Pro Tem Turner, seconded by Council Member Mendez and passed unanimously,
the Regular Council Meeting was adjourned at 5:10 p.m., December 11, 1984.
* * * * * * * * * *
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