HomeMy WebLinkAboutMinutes City Council - 12/07/1983MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
DECEMBER 7, 1983
2:00 P.M.
PRESENT
*Mayor Luther Jones
Mayor Pro Tem Betty Turner
Council Members
David Berlanga, Sr.
Leo Guerrero
Herbert Hawkins, Jr.
Dr. Charles W. Kennedy, Jr.
Joe McComb
Frank Mendez
Mary Pat Slavik
City Manager Edward Martin
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Pro Tem Betty Turner called the meeting to order in the temporary
absence of Mayor Jones.
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, Jr.
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 Luther Jones arrived at the meeting at 2:10 p.m.
A motion was made by Mayor Pro Tem Turner that the minutes of the Regular
Council Meeting of November 23, 1983 be approved as presented; seconded by
Council Member Leo Guerrero; and passed unanimously.
* * * * * * * * * * * * * * *
Mayor Jones presented 30 -year pins to the following employees:
NAME DEPARTMENT POSITION
Bob Fontaine Police Captain
Amando (Mandy) Leal Police Senior Officer (Sergeant)
Victor Pena Street Asst. Street Superintendent
Joe Walker Fire Firefighter
Mayor Jones noted the absence of Sergeant Jimmy Thompson of the Police
Department and expressed regret that he was unable to be present and stated that
SEP 191984
Ata8LMED,
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he is the police officer who conducts the crossing guard program and performs
and excellent job in that capacity.
* * * * * * * * * * * * * * *
Mayor Jones called for consideration of the consent motions on the
following items:
1. Bids be received December 27, 1983 for replacement mowing equipment
including two 60" self-propelled mowers - one for the Airport and one for
the Park Division and three riding greens mower - one for the Oso Golf
Course and two for the Golf Center. The equipment is included in the
1983-84 Budget.
2. Bids be received January 3, 1983 for annual purchase of pick up trucks and
vans for various City divisions including one compact pickup, 17 1; ton
pickups, 7 3/4 ton pickups and two vans. The trucks and vans are included
in the 1983-84 Budget.
3. Fiscal year 1983-84 requirements for automobiles be purchased, based on low
bid as follows:
a. Creveling Motor Co.,
Estimated 28 Police Sedans
Total: $279,944.00
GRAND TOTAL: $473,915.72
b. Courtesy Ford Imports
Estimated 26 Standard Sedans &
station wagons
Total: $193,971.72
Bids were received from five firms. Prices increased approximately 9% on
the police sedans over last year's purchase. Prices remained virtually the
same on the standard sedans and station wagons.
4. Authorizing Change Order No. 1 to the Surfside Boulevard Connection to
Timon Boulevard on Corpus Christi Beach providing for the substitution of 5
inches of hot mix asphaltic base in lieu of 8 inches of sand/shell base for
roadway construction with no change in contract price for the base work.
The change was requested by the contractor and the staff feels that the
base substitution is equivalent in cost and is a superior base material.
5. A revocable easement to permit the installation of private ornamental
lights and a sprinkler system in Huntington Park Subdivision be approved.
This subdivision is located on the south side of Saratoga Boulevard west of
South Staples Street.
Council Member Berlanga questioned granting this revocable easement to a
developer and inquired about the length of time the developer will maintain the
sprinklers.
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City Manager Martin explained that this requirement will be necessary as
long as the developer has the revocable easement and if they do not maintain the
easement, it will revert back to the City.
6. An indemnity agreement posted by Mitchell Energy Offshore Exploration
Corporation be accepted in lieu of a bond and three permits be granted to
drill wells: (a) Two directional bay wells to bottomhole locations 11,000
ft. beneath the ship channel from an irregular surface location 9 miles
seaward of the Harbor Bridge and 300 ft. north of the ship channel
right-of-way. The Bay Drilling Committee held a hearing on November 17 on
these applications, and the Committee recommends that the irregular
location be approved because the normal location would be in the ship
channel where drilling is prohibited, and there is no other regular
location within a reasonable distance of both proposed bottomhole
locations. (b) An 8,500 ft. deep straight hole well from a regular
surface location 7,400 ft. seaward of the Mustang Island State Park in the
Gulf of Mexico. No other exceptions to the Oil and Gas Chapter of the City
Code are requested.
7. The City Manager or his designee be authorized to contract with the state
ACTION agency for continuation of the Retired Senior Volunteer Program
(RSVP). The contract budget is $79,927. This includes $40,000 in Federal
funds, $15,927 in State Funds, with a contribution of $24,000 in matching
City monies. In order to continue RSVP at its current service level, the
grant budget will be augmented by $13,120 in additional City monies as
approved in the 1983-84 Budget. The total new annual program budget is
$93,047 for the period beginning April 1, 1984.
8. Approving the final design for the new Central Library and authorizing the
architects to proceed with development of final plans.
Mayor Jones ascertained that no one in the audience desired to speak in
regard to these consent motions.
A motion was made by Mayor Pro Tem Turner that items 1 thru 8 be approved,
seconded by Council Member Berlanga and passed unanimously.
* * * * * * * * * * * * * * *
Mayor Jones called for consideration of consent ordinances and ordinances
from previous meetings on items 9 thru 20.
Council Member Slavik referred to Ordinance #10. granting an amendment to
the engineering contract with Urban Engineering for supervision of the
construction of improvements to the Allison Wastewater Treatment Plant and
informed the Council that some of her constituents are of the opinion that Urban
Engineering has not done a satisfactory job at the Oso Plant. She stated that
she would hope that Urban Engineering would be more careful on this job that on
the Oso job.
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Mayor Jones referred to Ordinance #14 pertaining to the rehabilitation of
the Corpus Christi Garden Center and inquired if the necessary work can be
accomplished by the purchase of the five ton air-conditioning replacement unit
to be purchased from Mischer Enterprises, Inc. of San Antonio. He inquired if
the City will purchase this directly from that firm, and Assistant City Manager
Tom Utter concurred that this will be purchased by the City and installed by
city crews.
Council Member Guerrero pointed out that it is the prerogative of this
Council to review all bids, and City Manager Martin stated that this is not a
bid item, but he will check with the staff to see how the bid was solicited to
see if anyone locally has gas air-conditioning units.
Council Member Hawkins expressed the opinion that the Council should
consider the local bidders, but they should not be given special consideration
just because they are local - this would not be in compliance with state law and
could precipitate illegal practices.
Mayor Pro Tem Turner referred to Ordinance #15 in regard to the police
collective bargaining contract agreement and asked for comments on the contract.
City Manager Martin stated that the City has experienced some very
difficult negotiations; it is a very complicated package; but he feels that it
meets both the City's and the Police Officers' best interest.
Council Member Mendez congratulated City Manager Martin and Personnel
Director Chuck Speed who worked on the contract. He pointed out that with a
vote of approval by the Police Officers of 10 to 1, it obviously is a good
contract for them.
Discussion followed on some of the points included in the contract.
City Manager Martin provided further information about item 14, the Garden
Center project, and stated that bids had been solicited for the purchase of the
gas air-conditioning unit; there was one other bid in the amount of $3,513
(installed); and the one recommended for purchase would cost $2,761 if installed
by City forces.
Mayor Jones called for comments from the audience on the foregoing
ordinances.
Mrs. John Padilla, 701 Bradshaw, trustee of the Board of the Corpus Christi
Council of Garden Clubs, expressed appreciation to the Council for approving
ordinance #14, stating that they have attempted to get the work done for several
years and the air-conditioning has been a problem for some time.
City Secretary Read polled the Council for their votes on the ordinances
and the following were passed:
9. ORDINANCE NO. 17961
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH W. P. WILLS, CONSULTING ENGINEER,
FOR ENGINEERING SERVICES FOR THE CHAPARRAL APRON EXTENSION, TAXIWAY "P" AND
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NORTHWEST HANGAR SITE IMPROVEMENTS PROJECT AT CORPUS CHRISTI INTERNATIONAL
AIRPORT; APPROPRIATING $58,300; AND DECLARING AN EMERGENCY.
The Charter Rule was suspendedand the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb,
Mendez and Slavik voting "Aye".
10. ORDINANCE NO. 17962
AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH URBAN ENGINEERING FOR ENGINEERING
SERVICES ON THE STEP 3 CONSTRUCTION AT THE ALLISON WASTEWATER TREATMENT PLANT
WHICH INCORPORATES VARIOUS CHANGES TO THE ORIGINAL CONTRACT WHICH ARE REQUESTED
BY THE ENVIRONMENTAL PROTECTION AGENCY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb,
Mendez and Slavik voting "Aye".
11. ORDINANCE NO. 17963
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 2 IN CONNECTION WITH THE HEARN ROAD STREET REALIGNMENT PROJECT;
APPROPRIATING $3,956; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb,
Mendez and Slavik voting "Aye".
12. ORDINANCE NO. 17959
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF:
Dalraida, Hollywood Terrace and Sherman Street Improvements
and Mokry Drive Sidewalks
1. Dalraida Street, from Carroll Lane to Dakin Place
2. Hollywood Terrace, from Gollihar Road to Horne Road
3. Sherman Street, from Prescott Street to Vestal Road
4. Mokry Drive (sidewalks only) from McArdle Road to So. Padre Island Dr.
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb,
Mendez and Slavik voting "Aye".
13. ORDINANCE NO. 17960
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APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE
IMPROVEMENT OF THE FOLLOWING STREET:
Dalraida, Hollywood Terrace and Sherman Street Improvements
and Mokry Drive Sidewalks
1. Dalraida Street, from Carroll Lane to Dakin Place
2. Hollywood Terrace, from Gollihar Road to Horne Road
3. Sherman Street, from Prescott Street to Vestal Road
4. Mokry Drive (sidewalks only) from McArdle Road to So. Padre Island Dr.
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 JANUARY 11, 1984 AT 7:00 P.M., IN THE CARROLL LANE
ELEMENTARY SCHOOL CAFETERIA, 4120 CARROLL LANE; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb,
Mendez and Slavik voting "Aye".
14. ORDINANCE NO. 17964
APPROPRIATING $7,561 FOR REHABILITATION OF THE CORPUS CHRISTI GARDEN CENTER; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb,
Mendez and Slavik voting "Aye".
15. ORDINANCE NO. 17965
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE CORPUS CHRISTI
POLICE OFFICERS ASSOCIATION FOR FISCAL YEARS 1983-84 AND 1984-85, PURSUANT TO
COLLECTIVE BARGAINING NEGOTIATIONS; AMENDING AND DELETING VARIOUS FIRE AND
POLICE CONTRACT -RELATED SECTIONS OF COMPENSATION ORDINANCE 8127; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb,
Mendez and Slavik voting "Aye".
16. ORDINANCE NO. 19766
ANNEXING AN 88.14 ACRE TRACT OF LAND BEING PLATTED AS BRIGHTON VILLAGE UNITS 3
AND 4; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb,
Mendez and Slavik voting "Aye".
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17. SECOND READING
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MS. MARGIE BENNETT FOR
CONCESSION PRIVILEGES AT THE CONCESSION BUILDING AT THE GREENWOOD SOFTBALL
COMPLEX.
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins,
Kennedy, McComb, Mendez and Slavik voting "Aye".
18. THIRD READING - ORDINANCE NO. 17967
AUTHORIZING AN AMENDMENT TO THE LEASE WITH VAN DUSEN AIRPORT SERVICES, INC. TO
INCLUDE A 760 FOOT BY 200 FOOT TRACT OF LAND CONTIGUOUS TO ITS PRESENT NORTH
BOUNDARY.
The foregoing ordinance was read for the third time and passed by the following
vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and
Slavik voting "Aye".
19. THIRD READING - ORDINANCE NO. 17968
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR GRAZING PURPOSES WITH LEROY
K. AND PEGGY J. FENTON, FOR A FOUR ACRE TRACT OF LAND WHICH IS PART OF THE
ELLIOTT SANITARY LANDFILL.
The foregoing ordinance was read for the third time
vote: Jones, Turner, Berlanga, Guerrero, Hawkins,
Slavik voting "Aye".
20. THIRD READING - ORDINANCE NO. 19769
and passed by the following
Kennedy, McComb, Mendez and
AMENDING ARTICLE V OF THE CITY CODE BY ADDING SECTION 33-97 TO PROVIDE FOR
ANNUAL PERMITS FOR PERMANENT OUTDOOR CONCERT FACILITIES OPERATING AS AN ONGOING
BUSINESS AND ESTABLISHING A FEE FOR SAID ANNUAL PERMITS; AND PROVIDING FOR
PUBLICATION AND SEVERABILITY.
The foregoing ordinance was read for the third time and passed by the following
vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and
Slavik voting "Aye".
* * * * * * * * * * * * * * *
Mayor Jones called for consideration of action by motion on the following
items from the Regular Agenda:
21. Proposals be received January 3, 1984 for a new telecommunication system
for City Hall, the City Hall Annex and Public Utilities Building. The new
system is included in the 1983-84 Budget. The current system is antiquated
and obsolete. The new system will be configured so that it can be
unplugged and relocated to the new City Hall when completed.
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City Manager Martin explained the reason for consideration of acquiring a
new telephone system when a new City Hall is planned. He explained that the
City's equipment is so obsolete that it is difficult to obtain parts and the
service is less than desirable. He assured the Council that the new telephone
system may be moved to the new City Hall and that the equipment proposed to be
acquired will provide much more efficient service and save money. He stated
that several companies will bid on the purchase of the new equipment and
installation, and after the dissolution of AT&T in January, an entirely new
field will be opened up for purchase of such equipment. He stated that the
equipment must be capable of being updated.
22. Plans and specifications for the Main Drive Street and Drainage Improve-
ments project be approved and bids be received on January 11, 1984. This
is a 1977 Voluntary Paving Program project supplemented with Community
Development Block Grant Funds with Main Drive proposed to be reconstructed
from Sedwick Road to Leopard.
Council Member Mendez complimented the staff on their work on this project
and expressed the opinion that the diversion of the drainage under the freeway
will be a great improvement in that area.
City Manager Martin informed the Council that Assistant City Manager Lontos
had indicated that this was probably the most complicated, difficult engineering
job they had ever encountered in the Engineering Department.
Council Member Guerrero stated that all of the people on Main Drive are
elated that this project is going to become a reality.
23. Consideration of the Planning Commission's recommendation concerning free-
standing signs being allowed in "AB" zoning district. The Planning
Commission is recommending that the Zoning Ordinance be amended to allow a
conditional permit process in considering freestanding sign requests, in
accordance with specific criteria and that these conditional permits be
granted by the Planning Commission, which would not require any Council
action.
Mr. Larry Wenger, Director of Planning, began a presentation on signs to be
allowed in "AB" zoning district. He informed the Council that the Planning
Commission has studied this subject and have set a public hearing for Tuesday,
December 20, 1983 (this date was later changed to January 3, 1984). He
explained that this item was on the agenda at the direction of the City Council
and due to the fact that there are two pending zoning cases that were tabled
until this date. He stated that the Planning Commission feels that they have a
solution to the problem.
Mayor Jones stated that if the public hearing on the subject is not going
to be conducted until later, he questioned whether the Council should make any
decision at this time.
Mr. Wenger suggested that the two pending zoning cases could be referred
back to the Planning Commission if the Council basically concurs with the
recommendation of the Planning Commission that the zoning ordinance be amended
to allow conditional permit process in considering freestanding sign requests in
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accordance with specific criteria and that these conditional permits be granted
by the Planning Commission.
A motion was made by Council Member Guerrero that the two pending zoning
cases for Mr. Gabe Lozano, Jr. and Mr. Guy Morrow be tabled and that they be
referred back to the Planning Commission; seconded by Council Member Slavik.
Council Member McComb referred to page 2 of the memorandum submitted to the
City Council pertaining to this and stated that he was under the impression that
the conditional use permit would be allowed as well as a sign attached to the
particular building. He pointed out that there are other inconsistencies in the
changes proposed.
Mr. Wenger explained that the memorandum he referred to was directed to the
Planning Commission and after they discussed it, they determined that there
should only be one sign, not two.
City Manager Martin stated that if the Council intends to refer these two
zoning cases back to the Planning Commission, the motion should specify that it
will be at no additional cost to the applicants.
Council Member Guerrero indicated that he accepted that addition to his
motion and the motion passed unanimously.
Mayor Pro Tem Turner inquired about the ordinance and the prohibition of
portable signs.
Mr. Wenger stated that the ordinance does not refer to portable signs. He
explained that when a sign is installed, it must be in a fixed position and
there is nothing pertaining to portable signs at all.
Council Member Kennedy inquired about the degree to which the City is
enforcing "no signs in the right-of-way", and City Manager Martin stated that
that is very difficult to enforce and enforcement usually occurs when a
complaint is received.
Council Member Kennedy suggested that if signs are in the right-of-way, the
property owner should be given one warning, and if the sign is placed there
again, it should be destroyed by the City.
Council Member Slavik referred to letters the Council has received from Mr.
Nikoloric of Padre Island Property Owners Association and his concern about
large billboards placed all along Padre Island Drive.
City Manager Martin explained that that is a different problem because
development signs directing people to certain new developments are covered by
another ordinance which recently passed to allow such installation. He stated
that he felt it was being abused in a lot of cases.
A motion was made by Mayor Pro Tem Turner that items 21 and 22 be approved,
seconded by Council Member Berlanga and passed unanimously.
24. Approving the concept of a one-way looped circulation system on Corpus
Christi Beach which will ultimately connect Timon, Surfside and North
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Shoreline Boulevards from Canal Street to the south to Gulden Street to the
north as recommended by the Transportation Advisory Board and Planning
Commission.
City Manager Martin related that the entire circulation of traffic on the
beach has been discussed by the City Council; this item was referred to the
Transportation Advisory Board; they have completed their study and they have
made their recommendations which will be explained by the staff.
Mr. Tom Stewart, Director of Transportation, informed the Council that
during the meeting of the Transportation Advisory Board, the staff's plan and
the alternative plan prepared by the Corpus Christi Beach Association had both
been studied by that board. He displayed a plan in which the City proposes a
one-way system and they recommend that an ordinance be passed establishing the
system just on the south end.
Assistant City Manager Utter pointed out that there is a change in the
location of the off -ramps, and Mr. Stewart pointed out that the existing ramp is
at Kleberg Street and the staff proposes the installation of a ramp at another
location.
Mayor Pro Tem Turner inquired if the crossover would be retained, and Mr.
Stewart replied that it would be at this time. He continued his explanation and
summarized by stating that the staff proposed one-way loop system would be as
follows:
a. N. Shoreline Boulevard one-way northbound from Canal Street to
Coastal Street.
b. Surfside Boulevard one-way southbound from Coastal Street to Canal
Street.
c. Coastal Street -- one-way westbound from N. Shoreline to Surfside
d. Canal Street -- one-way eastbound from Surfside Boulevard to N.
Shoreline Boulevard.
He stated that the action to be taken today is approval of the concept of the
overall one-way loop circulation system.
Mayor Jones called for comments from the audience on this item.
Mr. Jack Davis stated that the Corpus Christi Beach Property Owners
Association has another plan which they prefer. He stated that it was prepared
by Mr. William W. Green at their request.
Mr. Green addressed the Council and stated that he was retained by the
Corpus Christi Beach property owners to prepare a plan containing their
proposals. He stated that his plan indicates Surfside would serve as a two-way
street and that the other side of the esplanade be eliminated. He stated that
the property owners prefer two-way traffic within the neighborhood and in front
of their businesses and that they had requested crossovers at each intersection.
He expressed the opinion that there should be an exit at each of the cross
streets.
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Mayor Jones commented that Mr. Green had devised this plan according to the
suggestions of the Corpus Christi Beach Owners and asked him if he had any
qualifications as a traffic engineer.
Mr. Green replied that he did not except for a short time study. He stated
that his plan also includes the installation of sidewalks.
Mr. David Janacek, the owner of The Country Store, referred to the exit
ramp at Kleberg Street and stated that he was speaking on behalf of most of the
residents of Corpus Christi Beach. He assured the Council that they are in
favor of progress; they have lived on Corpus Christi Beach for a long time and
feel that they should be part of the new development and should reap the
benefits of the improvements. He expressed the opinion that the subject of
conflict of interest had been in the news quite a bit in the last few months and
he felt that there was a conflict of interest by some of the Council Members,
particularly those who have business interests on Corpus Christi Beach. He
questioned whether those Council Members who are property owners should vote on
this issue.
Mayor Jones informed Mr. Janacek that the City Attorney has provided the
Council Members with opinions on this many times and his legal opinion is that
there is no conflict of interest among the Council Members who own property on
Corpus Christi Beach.
City Attorney Aycock stated that he did not believe that ownership of
property on the Beach should prohibit the Council Members from voting on this
issue, because there will be no direct monetary benefit from any decisions made
on the traffic plan.
Council Member Kennedy stated that he owns 1 a unit in a condominium and
one other piece of property on Corpus Christi Beach.
Council Member Berlanga expressed the opinion that if anyone owns property
on the Beach, they should abstain from voting.
Mr. Aycock reiterated that he saw no reason for Dr. Kennedy to abstain from
voting because he is not any different from any other taxpayer who owns property
and the basic term in the Charter sets out that if a Council Member has some
pecuniary interest and if the property owned would be enhanced in some way by
actions of the Council, then a Council Member should not vote on an issue. He
pointed out that all of the Council Members are taxpayers and if this law is
enforced too exactly, the Council could not even levy taxes. He stated that the
fact two Council Members own property on Corpus Christi Beach should not prevent
them from voting on a traffic pattern for the entire Corpus Christi Beach area.
Mayor Jones noted that the traffic exiting off the bridge creates a bad
problem and a bad accident is going to occur there if something isn't done. He
urged that the Council examine this plan from a point of view as to what is best
for the total public and he therefore urged approval of the concept of the
one-way looped circulation system.
Council Member Berlanga referred to the conflict of interest issue and
stated that he was of the opinion that the one-way traffic would enhance the
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property on the beach and he felt that anyone who owns property should abstain
from discussions and voting.
Council Member Kennedy stated that he does own property on Corpus Christi
Beach and if there is any question about his participating in the discussions
and voting he would abstain from doing either.
Mayor Jones pointed out that inevitably this opinion of Mr. Berlanga's will
have repercussions for him some day in the same fashion as Council Member
Kennedy in that some issue will be presented to the Council that involves his
own property.
Council Member Slavik stated that she felt that she should request that
this item be withdrawn because the City Council is prohibited from voting on
changes in a master plan and the 1966 Corpus Christi Beach Master Plan is still
in effect. She referred to page 65 of the City Charter which states that any
changes to a master plan must first be considered by the Planning Commission and
the Planning Commission did not recommend that specific changes be made to the
Corpus Christi Beach Plan of 1966.
Mayor Jones expressed the opinion that that was wrong and suggested that if
she felt this way, a motion should be made.
Council Member Mendez called for a response from the City Manager to Mrs.
Slavik's statements.
City Manager Martin expressed the opinion that when the City Council
adopted the Corpus Christi Bayfront Plan, there was one section included in that
plan which states that "all previous master plans are hereby declared void";
therefore, there is no 1966 Corpus Christi Beach Plan in effect at this time.
He stated that the ordinance that adopted that bayfront plan negated the 1966
Corpus Christi Beach Plan.
Council Member Berlanga seconded Mrs. Slavik's motion to withdraw this
item.
Mr. DeHaven, 1702 Tuloso Circle, stated that he is the owner of the Spanish
Kitchen which is located on Corpus Christi Beach. He pointed out that there is
a danger in the location of the existing offramp from the expressway and he felt
that it was imperative that something be done to correct that problem. He
stated that he did not have any problem with the one-way flow of traffic, but he
questioned the length of the esplanade which appeared to be a little too long.
Dr. Dean Banks, 225 Waverly, suggested that the Council delay action on
this item for the following reasons: (1) The plan is premature; (2) It is
damaging to businesses on Corpus Christi Beach; (3) This plan would benefit
only those people who are trying to turn Corpus Christi Beach into a profit
making venture for condominiums, etc.; (4) There is no traffic problem on
Corpus Christi Beach because there is a lack of traffic in the area. Dr. Banks
also questioned the legality of this action because of the Corpus Christi Beach
master plan of 1966 which in his opinion is still in effect. He stated that in
his opinion, any change in master plans should be specifically recommended by
the Planning Commission and he felt that the formal requirements had not been
followed.
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Dr. Banks continued and pointed out that the statement that the Bayfront
Development Plan eliminated the 1966 Corpus Christi Beach Plan is incorrect.
Mr. Stern Feinberg, owner/manager of Master Host Inn, informed the Council
that he wanted to correct the impression that all of the property owners on the
beach are opposed to the one-way traffic pattern because he is definitely in
favor of the plan. He pointed out that he felt that the first offramp is very
dangerous and this problem should be corrected. He stated that he is concerned
about one business in the area which is The Country Store and he would like to
see any modification necessary to correct the problem of damage to the business
of that firm.
Mayor Jones asked Mr. Feinberg for a recommendation for a modification to
prevent any damage to The Country Store, and Mr. Feinberg stated that he did not
have a solution, but he felt that the city staff should discuss this with Mr.
Janacek.
Mayor Pro Tem Turner inquired if the esplanade could be cut to provide
another crossover.
Mr. Stewart stated that the recommendation is adoption of the loop concept
and the city staff could refine the plan with more breaks if necessary.
Mr. J. E. O'Brien, 4130 Pompano, speaking for the Corpus Christi Taxpayer's
Association, stated that his group cannot support an ordinance at this time
because it is premature with the limited information provided by the staff. He
referred to a letter of December 10, 1980 which referred to parking facilities
on the Beach and pointed out that they are still none available there. He
stated that he understood that the City Manager had informed the Corps of
Engineers that a plan for parking would be presented for consideration by May,
yet there are still no facilities and they are of the opinion that parking
facilities should be the priority item over this one that is being discussed.
Mr. Jack Davis, 3523 Timon Blvd., presented a second petition expressing
opposition to the traffic plan and stated that with this petition a total of 460
signatures had been obtained expressing opposition to the City staff's plan. He
referred to conflict of interest by Council Members who might benefit from the
one-way traffic pattern and stated that he felt that it would benefit them by
diverting traffic under the bridge. he referred to the location of property
owned by Mayor Pro Tem Turner and Council Member Kennedy and suggested that they
not vote on this recommendation due to the ownership of their property. He,
too, asked that this be tabled for further consideration and urged that the
two-way traffic circulation be established according to the plan prepared by Mr.
Green. He, too, alleged that there is no traffic problem on Corpus Christi
Beach.
Mayor Pro Tem Turner stated that she did not believe there is a conflict of
interest on her part in voting on this matter and she had opinions of the City
Attorney and other attorneys to that effect. She stated that she and her
husband own two apartment units in one of the condominiums; they have no plans
to purchase additional property; the condominium is not even on that expressway;
and she did not see any way that she could benefit from the establishment of a
one-way traffic plan.
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Page 14
Council Member Guerrero pointed out that the Council had earlier discussed
the problems with The Country Store and he felt that those had been resolved.
He asked Mr. Davis about the specific problem that he has.
Mr. Utter explained that Mr. Davis owns property and as traffic exits the
offramp, direct access is provided to Mr. Davis' property. He pointed out that
the plan prepared by Mr. Green has the potential of directing traffic right back
up on the ramp.
Mayor Pro Tem Turner asked Mr. Janacek if his problem at The Country Store
had been resolved and Mr. Janacek stated that he felt that they had been but he
was concerned about other property owners.
Council Member Guerrero stated that he would like to give Mr. Davis an
opportunity to respond to the explanation made by Mr. Utter.
Council Member McComb explained to Mr. Davis that during his temporary
absence from the Council Chamber, Mr. Utter had pointed out that he, Mr. Davis,
will have access to The Country Store and that on Mr. Davis' property, access
will be provided on two sides of his property.
Mr. Davis alleged that the only place where free access is available will
be to the Sandy Shores Motel and the Spanish Kitchen.
Mayor Jones called for the vote on the motion to withdraw consideration of
this item and it failed to pass by the following vote: Berlanga, Hawkins and
Slavik voting "aye"; Jones, Turner, Guerrero, McComb and Mendez voting "no";
Kennedy having disqualified himself.
Council Member Guerrero referred to the statement earlier that the purpose
of this item is to approve the loop system and he inquired if there is an
alternative to that wall that goes around Mr. Davis' property.
Mr. Stewart explained that it was necessary for the removal of the offramp
that creates the tendency to go the wrong way at Mr. Davis' property which is
the key to eliminating the danger of the offramp. He suggested that Mr. Davis
could reorient his property to have driveways and entrances in any way that he
desires.
Council Member Mendez stated that he felt that this should be delayed a
while until the Council is sure that all problems have been addressed, such as a
cut in the esplanade.
City Manager Martin pointed out that there are two separate items being
discussed and this one is to approve the one-way concept. He assured the
Council that before the street can be made one-way, there must be public
hearings with notices. He stated that the staff is of the opinion that it is
very important for people who have long term plans for Corpus Christi Beach
to know that a one-way system should be in effect and that is what the staff is
asking for approval on. He pointed out that the elimination of the ramp under
discussion has nothing to do with this item.
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Page 15
Council Member Berlanga questioned the practice of the staff of
recommending that concepts be adopted. He suggested waiting until definite
plans have been prepared.
A motion was then made by Council Member Berlanga that this item be tabled
until final details are available, seconded by Council Member Slavik.
Council Member McComb pointed out that there is a need to have a concept
before the staff can provide anything definite. He pointed out to the Council
Members that they are going to delay the development of the beach if they do not
approve this plan. He stated that this is not a surprise plan because it has
been going on for years and the people who own property on the beach have had
adequate time to express their opinions. He pointed out that this has been
recommended by the Planning Commission and by the Transportation Advisory Board.
Mayor Jones called for the vote on the motion to table this item until
specifics have been prepared and it failed to pass by the following vote:
Berlanga, Hawkins and Slavik voting "aye"; Jones, Turner, Guerrero, McComb and
Mendez voting "no"; Kennedy disqualifying himself.
A motion was made by Council Member Guerrero that item 24 be approved,
seconded by Council Member McComb. It passed by
Turner, Guerrero, McComb and Mendez voting "aye";
voting "no"; Kennedy having disqualified himself.
City Secretary Read called the roll for the
the ordinance designating streets on the beach to
ordinance was passed:
25. FIRST READING
the following vote: Jones,
Berlanga, Hawkins and Slavik
vote on the first reading of
be one-way and the following
AMENDING THE CORPUS CHRISTI CITY CODE, SECTION 53-250 SO AS TO DESIGNATE THE
FOLLOWING STREETS FOR ONE-WAY TRAFFIC OPERATION:
a. N. Shoreline Boulevard -- one-way northbound from Canal Street to
Coastal Street.
b. Surfside Boulevard -- one-way southbound from Coastal Street to Canal
Street.
c. Coastal Street -- one-way westbound from N. Shoreline to Surfside
d. Canal Street -- one-way eastbound from Surfside Boulevard
Shoreline Boulevard.
to N.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Turner, Berlanga, Guerrero, McComb and
Mendez voting "aye"; Hawkins and Slavik "abstain"; Kennedy disqualified himself.
Mayor Jones called for consideration of other ordinances from the Regular
Agenda on items 26, 27 and 28.
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Page 16
City Manager Martin referred to Ordinance #26 authorizing acquisition of
two parcels of land for the Navy Clear Zones Land Acquisition Project and
explained that a report on the status of the acquisitions had been provided the
Council in their packets Friday.
Assistant City Manager Lontos displayed a map of the property to be
acquired and explained the future plans for acquisition.
Council Member Hawkins referred to Ordinance #27 which called for a change
order to provide landscaping around the Oso Water Reclamation Plant. He
suggested that this same contractor should not have additional jobs with the
City on this particular project.
City Manager Martin explained that by using the change order for the
landscaping, the EPA funds for landscaping could be renewed. He inquired about
the problem with the contractor Mr. Hawkins referred to and he stated there were
some problems at the Airport but he was not aware of any on this project. He
stated that if the Council desired, an item could be added to the change order
to require that the City be allowed to approve the subcontractor on the
landscaping to be sure that it is a reputable one. He suggested approving the
change order with this provision.
Mayor Jones called for comments from the audience on ordinances 26 thru 28.
Mr. J. E. O'Brien addressed the Council and complimented Council Member
Kennedy for stepping down and refraining from discussing the Corpus Christi
Beach issue. He referred to item 28 in regard to the appropriation from the
Police Building Bond Fund for a study of the City/County jail subject. He
stated that the Taxpayer's Association has always objected to combining the
City/County jail facilities and they object to any money being appropriated from
the Police Building Fund.
City Manager Martin stated that in terms of the study, the staff has
confirmed that this is a legitimate expense that can be taken from the Police
Building Fund. He pointed out that if the jail is moved, it is definitely a
measure which will provide additional space in the Police Building and in his
opinion it is directly related to the Police Building Fund.
City Secretary Read polled the Council for their votes on the three
ordinances and they passed as follows:
26. ORDINANCE NO. 17970
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCELS 43 AND 48 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION
PROJECT; APPROPRIATING $21,180; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and
Slavik voting "aye"; Turner "absent".
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Page 17
27. ORDINANCE NO. 17971
APPROVING CHANGE ORDER NO. 6 TO THE CONTRACT WITH F & E ERECTION COMPANY FOR THE
SECOND PHASE OF EXPANSION OF THE OSO WASTEWATER TREATMENT PLANT WHICH PROVIDES
FOR LANDSCAPING AT THE PLANT SITE; APPROPRIATING $29,532.66; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and
Slavik voting "aye"; Turner "absent".
28. ORDINANCE NO. 17972
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH N.R. COX AND ASSOCIATES FOR
PROFESSIONAL SERVICES FOR A JOINT CITY -COUNTY JAIL STUDY; APPROPRIATING $12,500;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and
Slavik voting "aye"; Turner "absent".
* * * * * * * * * * * * * * *
Mayor Jones called for the public hearing on the following item:
29. STREET CLOSING: A 40 -foot wide unimproved roadway known as County Road 26A
through Lots 9, 10 and 11 and Lots 22, 23 and 24, Section 11, Flour Bluff &
Encinal Farm & Garden Tracts, immediately west of Cimmaron Boulevard. The
request to close this right-of-way is made concurrently with the develop-
ment of Brighton Village Units 3 and 4 at the County Road 26A location.
Assistant City Manager Lontos explained that the applicant plans to develop
a subdivision; there are no utilities in the roadway; it is not visible on the
ground; and the staff recommends that it be closed so that the property can be
properly developed. He explained that the minimum width of the streets within
the subdivision will be 50' wide and this is a 40' wide right-of-way.
Council Member Hawkins expressed the opinion that the land acquired by this
street closing should be paid for by the individuals involved.
Council Member Slavik inquired if the City had ever considered requesting
compensation for the closing of the streets, and City Manager Martin replied
that in this type of situation it has been the attitude that the streets were
dedicated from the property owners originally and at such time as it has been
determined that the property is no longer necessary, it should revert back to
the property owners who dedicated it. He assured the Council that a
recommendation to change this policy may be made in the future, because the
staff is researching the question, and dependent upon how the City acquired
right-of-way, determination will be made whether or not it should be paid for.
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Page 18
Council Member Hawkins stated that he felt that the concept that the
property owners dedicated the right-of-way should not be considered because they
were allowed to construct a subdivision.
Council Member McComb stated that he questions the impact of developers in
the other areas if this street is closed, because they may have predicated their
development on the fact that this street will be in existence.
Mr. Lontos pointed out that there is another road that extends along both
properties; developers have to further extend that road; and they will have to
construct streets within their subdivision.
City Manager Martin returned to his discussion in regard to the policy on
payment for street closings and suggested that the Council will probably want to
have the Planning Commission discuss the matter; it would be a major change;
there will be a lot of opposition if the policy is changed; and he feels that it
is one thing when streets that have never been used are closed and another when
streets that are in use around shopping centers, etc. are proposed for closing.
He stated that he is definitely in favor of charging the applicants in some
situations.
Mayor Jones pointed out that these subdivisions add a great deal to the tax
rolls with very little additional expense to the City.
Mayor Jones called for comments from the audience on this proposed street
closing.
Mr. Jack O'Shea, 6229 Lost Creek Drive, stated that he represents Cano
Development Company which owns 60 acres adjacent to this street. He stated that
he did not know what the other developer plans to do and he wondered how many
roads they will have that will dead-end at the property owned by his company.
Mr. Lontos informed Mr. O'Shea that a preliminary plat has been filed in
Mr. Wenger's office which he is welcome to examine.
Mr. O'Shea then questioned if this road is closed or eliminated, what would
happen to the road that extends to Staples Street, and Mr. Lontos explained that
at the time that property is developed, that road may be paved or the location
of the roads could be changed as long as access is provided. He stated that
there is a gravel road and his property will have access because the action
proposed today only closes the road through the subject property, not the one
that provides access.
Mr. Wenger suggested that Mr. O'Shea come by his office to examine the
plat. He stated that he was under the impression that the developer who has
made this request only has three streets and if this street is not closed the
development of Brighton Village will be delayed.
Mr. Lontos pointed out that the closing of this road will not affect Mr.
O'Shea's property.
Mr. Mendez pointed out that if Mr. O'Shea replats his land and develops it,
he will only have to extend one street all the way to Staples, not all of the
streets.
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December 7, 1983
Page 19
Mayor Jones suggested that this item be withdrawn temporarily until Mr.
O'Shea has an opportunity to see the plat of the applicant.
* * * * * * * * * * * * * * *
*30. TABLED - Mr. Gabe Lozano, Jr., dba, Lozano Insurance from "AB" Professional
Office District to "B-1" Neighborhood Business District on Lots 15 and 16,
Block A, Phillips Addition located on the northeast corner of Cleo and
Baldwin Streets. This case was tabled on November 2 until today pending a
report on signage in "AB" districts. The Planning Commission recommended
denial.
*31. TABLED - Mr. Guy Morrow, dba TwoMorrows Gallery, from "R -1B" One -family
Dwelling District with a "SP" Special Permit to "B-1" Neighborhood Business
District on the west side of Airline Road, approximately 150' south of the
intersection of Airline Road and Lum Street. This application was heard by
the City Council on July 30, 1983 at which time it was tabled for six
months or until a recommendation is received form the Planning Commission
on signage in the "AB" zoning district. The Planning Commission
recommended that the "B-1" be denied, and in lieu thereof grant "AB"
Professional Office District with a "SP" Special Permit for an art gallery
and that the freestanding sign request be referred back to the Commission
after the Zoning Ordinance is amended to create the special sign permit
process in the "AB" district, as recommended by the Planning Commission.
*NOTE: The tabled zoning applications were referred back to the Planning
Commission - See Page 8
* * * * * * * * * * * * * * *
Mayor Jones announced the public hearing on five zoning applications.
32. Application #1083-6, Dr. Robert Vela: for a change of zoning from "R -1B"
One -Family Dwelling District to "11-4" General Business District on Lot 4,
Block 19, Segrest Addition, located on the west side of Cleo Street,
approximately 88' south of Heinley Street.
Assistant City Manager Tom Utter informed the Council that in response to
the 20 notices of the public hearing, one in favor and two in opposition had
been returned, plus a petition with 14 signatures in opposition from outside the
area of notification. He stated that the Planning Commission recommends denial
and in lieu thereof that "AB" zoning be approved, and the Planning Staff
recommends denial. He stated that the staff recommends denial because this
property was rezoned to "R -1B" on May 14, 1980 at the request of the property
owner in order to effect a lower street assessment. He stated that the staff
also feels that the single family character should be preserved in this area.
Mr. Larry Wenger, Director of Planning, located the area on the zoning and
land use map, described the land use in the surrounding area, showed slides of
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December 7, 1983
Page 20
the vicinity and stated that the prospective purchaser plans the development of
a medical office building.
Council Member Berlanga stated that since most of the surrounding area is
zoned "R -1B", he did not believe that it should be changed.
Mayor Jones called on the applicant to speak.
Mr. Ed Sample, 5106 Moultrie, of Sample Engineering, stated that he is
representing Dr. Vela and pointed out that prior to 1980, this property was
zoned "B-4" as were the two adjacent pieces of property. He explained that it
was changed by the property owner at the time of the street improvements in
order to reduce his assessments. He stated that the property has since been
sold to two physicians and the proposal is to establish an office building on
property.
Mayor Pro Tem Turner inquired if the applicants could construct offices on
the other two lots that they own, and Mr. Sample replied that there is not
enough land there. He stated that the office building will face Cleo Street.
Council Member Kennedy inquired if it could be changed to face Heinley
Street and Mr. Sample assured him that it could be if the Council so directs.
Mrs. Mary Helen Berlanga, representing Mr. Senon Rodriguez, 2205 Sarita,
expressed opposition on behalf of her client to the change of zoning. She
stated that several of Mr. Rodriguez' neighbors are opposed to this also because
of the expected increase in traffic, which would present a hazard to the
children in the neighborhood. She requested that the zoning change be denied.
No one else spoke in regard to this application.
A motion was made by Council Member Mendez that the hearing be closed,
seconded by Mayor Pro Tem Turner and passed unanimously.
Council Member Hawkins pointed out that the first two lots are already
zoned "B-4" and he would be inclined to approve a special permit for the
requested use, if access is prohibited from Cleo Street.
A motion
denied
was made by Council Member Hawkins that Application
special permit be approved subject to an approved site plan
from Cleo Street. Council Member Guerrero seconded the
No. 1083-5 be
but that a
showing no
motion.
access
Council Member Mendez noted that if the Council is considering a special
permit, there should be a screening fence installed between the proposed
structure and the existing residences.
Mr. Utter suggested that the Council might wish to include in the site plan
a suggestion as to how this lot relates to the office structure that is going to
be built. He noted that even though the Council cannot prohibit access on the
other two lots, the site plan on this application could show where the front of
the building is, etc.
Council Member Berlanga again objected to a special permit.
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Page 21
Council Member Hawkins pointed out that the applicant must submit a site
plan and the Council would have some control over the two lots that are zoned
"B-4" in that way.
Council Member McComb stated that he concurred that a special permit could
be granted. He stated that this is a very reasonable use when one considers
there are a lot more objectionable uses that could be installed in the already
existing "B-4" zoning on some of the lots.
Council Member Mendez suggested that the motion should include the
requirement for a screening fence; the site plan should indicate the
relationship of this lot to the other two lots; and that there be no access on
to Cleo Street. The amendment to the motion was seconded by Mayor Pro Tem
Turner and Council Member Hawkins indicated that he would accept that amendment
to his motion which passed unanimously.
* * * * * * * * * * * * * * *
City Manager Martin informed the Council that Mr. O'Shea had examined the
plat in connection with the request for the closing of a 40' wide unimproved
roadway known as County Road 26a and stated that Mr. O'Shea had indicated that
he had no objection to the street closing.
A motion was made by Mayor Pro Tem Turner that item 29 be removed from the
table, seconded by Council Member Mendez and passed unanimously.
City Secretary Read polled the Council for their vote on the ordinance
effecting the street closing and the following ordinance was passed:
29. ORDINANCE NO. 17973
CLOSING AND ABANDONING THE 40 FOOT WIDE RIGHT-OF-WAY IN LOTS 9, 10, 11, 22, 23
AND 24, SECTION 11, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; SUBJECT TO
PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Guerrero, Kennedy, McComb, Mendez and Slavik
voting "aye"; Hawkins "no"; Berlanga "absent".
* * * * * * * * * * * * * *
33. Application #1083-5, Dr. Robert Vela: for a change of zoning from "R -1B"
One -Family Dwelling District to to "R-2" Multiple Dwelling District on Lot
6, Block 14, Segrest Addition, located on the southwest corner of Heinley
and Sarita Streets.
Assistant City Manager Tom Utter informed the Council that in response to
the 20 notices of the public hearing, one in favor and six in opposition had
been returned and that one letter containing 14 signatures had been received
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3u1ar Council Meeting
December 7, 1983
Page 22
expressing opposition. He stated that both the Planning Commission and Planning
Staff recommend denial and informed the Council 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, showed slides of the vicinity and stated that
the applicant plans to move a house to this lot and establish a duplex. He
explained that the applicants could move a single family dwelling unit on to
this property even without a change of zoning.
Speaking on behalf of Dr. Vela was Mr. Ed Sample. He stated that the two
doctors have purchased three lots and there are two very nice homes which they
would like to move together to establish a duplex. He pointed out that there is
already a duplex on the corner across the street and the vacant lot under
consideration would add to the tax base. He stated that the duplex would face
Heinley Street.
Ms. Mary Helen Berlanga spoke in opposition to this request and located her
client's house which is adjacent to the property where they propose to move the
duplexes.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Slavik and passed unanimously.
A motion was made by Mayor Pro Tem Turner that Application No. 1083-5 be
denied, seconded by Council Member Slavik and passed unanimously.
* * * * * * * * * * * * *
*
*
34. Application #1083-7, 1889 Group: for a change of zoning from "F -R" Farm
Rural District to "8-4" General Business District, being 13.731 acres out
of Tract 4, McIntyre Portion of the Mariano Lopez De Herrera Grant,
Abstract 606, located on the southwest corner of F.M. 624 and F.M. 1889
Mr. Utter informed the Council that
public hearing, one in favor and one in
from outside the area of notification in
stated that both the Planning Commission
of this request.
in response to the six notices of the
opposition had been returned and one
opposition had also been received. He
and Planning Staff recommend approval
Mayor Jones ascertained that no one in the audience wished to speak in
regard to this zoning application.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Hawkins and passed unanimously.
Mr. Wenger explained how the developers plan to provide an access drive
along the front of the property which is shown on the plat. He stated that
there is no sewer service, but this service can be expanded from the Wood River
area.
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Page 23
City Secretary Read polled the Council for their vote on the ordinance
effecting the change of zoning and the following ordinance was passed:
34. ORDINANCE NO. 17974
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF 1889 GROUP BY CHANGING THE
ZONING MAP IN REFERENCE TO A PORTION OUT OF TRACT 4, McINTYRE PORTION OUT OF THE
MARIANO LOPEZ DE HERRERA GRANT, ABSTRACT NO. 606, FROM "F -R" FARM -RURAL DISTRICT
TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, Mendez and
Slavik voting "aye"; McComb "absent".
* * * * * * * * * * * * * * *
35. Application #1083-8T, 1889 Group: Text Amendment to the Zoning Ordinance
Amend Article 31, Newly Annexed Territory, by amending Section 31-5 by
adding thereto one new subsection to be numbered 31-5.58 setting forth a
zoning classification of "8-4" General Business District on Tract 1 being
11.97± acres and Tract 2 being 4.99± acres out of Tract 4, McIntyre Parti-
tion out of the Mariano Lopez de Herrera Grant, Abstract No. 606, Tract 1,
(west ) located on the southwest corner of F.M. 624 and E. Riverview Dr.
and Tract 2 (east) located south of F.M. 624 and west of F.M. 1889.
Mr. Utter stated that in response to the twelve notices of the public
hearing, four in favor and one in opposition had been returned and one in favor
and two in opposition had been returned from areas outside the city limits. He
stated that the Planning Commission and Planning Staff recommend approval of
"B-4" zoning on the east portion of the property only and denial on the west
portion.
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 stated that
the recommendation of approval is for Tract 2 because it will adjoin another
"B-4" zoned property at a major intersection. He explained that the staff
recommends denial of the Tract 1 request because they feel that it should be
delayed until a determination has been made as to how much business zoning is
necessary in the area.
Mayor Pro Tem Turner inquired if that was the proper responsibility of the
staff to determine whether or not business zoning is needed or if it is the
responsibility to determine proper zoning.
Mr. Wenger stated that he did not feel that this is the time to make the
decision, because this is outside the city limits and this is a prezoning
request.
Speaking on behalf of the 1889 Group was Mr. Dan Winship, 8930 Agnes
Street. He explained that there are five partners who want to develop this
tract of 164 acres and they propose commercial development of the property on
which access can be provided to F.M. 624. He stated that this is an extension
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December 7, 1983
Page 24
of the property just approved for change of zoning and they feel that because of
the traffic and noise on Highway 624, this would be appropriate zoning. He
stated that they plan to have this property annexed contractually and informed
the Council that there is good drainage and water available, that they plan two
60' wide streets to provide access to the rear of the property, and urged
approval of the request.
Council Member Slavik inquired about the reason for the letters of
opposition.
Mr. Utter read the letters and stated that they express concern about
excessive business zoning and the bad traffic situation. He stated that the
Wood River Community Organization are concerned about the zoning because they
have no development plan and they question the availability of drainage and
water on the site. He verified the fact that they do not have a development
plan.
Council Member Mendez expressed the opinion that both tracts should be
zoned as requested in order to provide for future planning. He pointed out that
there is a lot of other business development along 624 and he felt that it would
be a major arterial street in the future.
Mr. Albert Lichtenstein, 333 Cape Hatteras, stated that he is one of the
partners in The 1889 Group. He noted that the letters of opposition pointed to
the residential concern of heavy traffic and he felt that any residences would
have that concern if they are built on this tract of land. He informed the
Council that Mr. W. L. Bates, realtor, has had signs displayed on that property
for several months and they have received many inquiries about leasing or
purchasing property for small businesses.
Mr. Jim Ross stated that he owns property within 200' of the area. He
expressed concern about the traffic problem in that the four lane street ends
and a two lane street evolves. He stated that it is definitely a traffic
problem.
Mayor Pro Tem Turner inquired if there is any kind of traffic light there,
and Mr. Utter stated that this would have to be discussed with the State, but
they would be glad to work with them on that problem.
Council Member Mendez expressed the opinion that eventually as this area
develops further, the State will consider widening that street.
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 Mendez and passed unanimously.
A motion was made by Mayor Pro Tem Turner that the requested zoning of
"B-4" be approved for both tracts, seconded by Council Member Mendez and passed
by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy and Mendez
voting aye; Hawkins and Slavik voting no; McComb absent at the time the vote was
taken.
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December 7, 1983
Page 25
City Secretary Read stated that the ordinance before the Council is
different from that zoning which was approved and informed the Council that the
ordinance effecting this change of zoning will be on the agenda in the future.
* * * * * * * * * * * * * *
36. Application #1083-4, Mr. Elario Belmontes: for a change of zoning from
"R -1B" One -Family Dwelling District to "B-1" Neighborhood Business District
on Lot 16, Block 2, Chula Vista Subdivision, located on the southwest
corner of Shaw Street and Horne Road.
Mr. Utter informed the Council that both the Planning Commission and
Planning Staff recommend denial. He stated that in response to the notices of
the public hearing, two in favor and none in opposition were returned.
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 stated that
the owner plans the establishment of a floral shop at this location.
Speaking on behalf of the applicant was Mr. Vaughn Westheimer, 2590 Morgan.
He explained that Mr. Belmontes proposes to use the structure on the land as a
flower shop; he has been in that type of business at another location but he
does not own the building in which the shop is located at this time; and he
would like to establish a florist shop on this property, which is next door to
his residence. He described other commercial uses in the vicinity and stated
that the nature of this business does not generate a lot of traffic or parking
in front of the proposed shop.
Council Member Berlanga pointed out that Mr. Belmontes has been attempting
to have this property zoned for a flower shop for some time. He stated that he
felt that this is a neighborhood type of business and a special permit might be
considered.
Council Member Slavik stated that she will vote against this change of
zoning because it was previously heard on September 14, 1983 and the Planning
Commission still recommends denial.
Council Member Guerrero pointed out that the Council needs to realize that
Spanish neighborhoods expect to have flower shops located in residential areas
and they often do not consider it to be an intrusion but an asset.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
Mayor Jones expressed the opinion that this is a residential area that will
be changed if this zoning is approved.
A motion was made by Council Member Berlanga that the requested zoning of
"B-1" be granted for Application No. 1083-4, seconded by Council Member
Guerrero.
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Council Member Kennedy inquired about the type of parking that would be
required, and Mr. Wenger stated that one space is required for every 200 square
feet of floor area in the shop and he estimated that five parking spaces would
be required.
Council Members Hawkins and Kennedy stated that they could not support
"B-1" zoning at this location.
Council Member Berlanga then withdrew his motion to approve the requested
zoning and made a motion that in lieu thereof that a special permit for a floral
shop be approved, seconded by Council Member Guerrero and passed by the
following vote: Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez
and Slavik voting "aye"; Jones voting "no".
* * * * * * * * * * * * * * *
Mayor Jones called for consideration of the following tabled zoning case:
37. TABLED: Mr. Albert Perez for a change of zoning from "R -1B" One family
Dwelling District to "A-1" Apartment House District on Lot 3, Block 12,
Molina Subdivision Unit 2, located on the east side of Angela Drive,
approximately 200 feet north of West Point Road. This application was
tabled on November 16, 1983 at the request of the applicant. The Planning
Commission recommends denial. The 20% rule is in effect.
Mr. Utter informed the Council that in response to 31 notices of the public
hearing, six in opposition and two in favor had been returned. He informed the
Council that both the Planning Commission and Planning Staff recommend denial
and pointed out that the 20% rule is in effect. He reminded the Council that
this zoning application was tabled on November 16, 1983 at the request of the
applicant who had just employed an attorney to represent him.
Mr. Wenger located the area on the zoning and land use map, described the
land use in the surrounding areas and pointed out the single family homes that
are located in all directions. He also showed slides of the vicinity and stated
that the Planning Commission and Planning Staff are opposed to this change
of zoning because it would have a detrimental effect on the single family nature
of the neighborhood; additional traffic would be generated; this street was
improved with Community Development Funds; and the staff had applications to
down -zone property to decrease assessments.
Council Member Berlanga stated that he had noted more than one house on
some of those lots and he felt that a nice apartment complex would be an
addition to the neighborhood. He also pointed out that there is a need for low
income residences.
Speaking on behalf of Mr. Perez was Mr. Bob Thorpe, 3373 Naples. He
pointed out that this is a fairly large lot; down the street on Angela a special
permit was granted for multi -family dwellings and those houses are being used by
the Housing Authority. He explained that the units Mr. Belmontes plans to
build will also be used for low income housing and that is the reason he
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wants apartment zoning, not business zoning. He noted that in view of the fact
that there are several small houses on individual lots in this neighborhood, the
apartments would not have an adverse effect on the area. He stated that Mr.
Perez would accept a special permit for the construction of 4 to 6 units. He
stated also that "R-2" zoning would be acceptable because 4 to 5 units could be
constructed in that zoning.
No one spoke in opposition to this zoning application.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Guerrero and passed unanimously.
A motion was made by Council Member Guerrero that "R-2" zoning be approved,
seconded by Council Member Berlanga. Mr. Berlanga pointed out that in view of
the need for low income rental units, he felt that this should be allowed.
Council Member Hawkins indicated that he had a problem with this because it
is in a mixed neighborhood.
Mayor Pro Tem Turner pointed out that there is a definite need for low
income housing and inquired if the opposition to the request was against the
"A-1" zoning, and Mr. Wenger replied that there was opposition to "A-1" zoning.
Mayor Pro Tem Turner offered an amendment to the motion to limit the number
of units to 4.
Mr. Thorpe indicated that they would accept that limitation.
The amendment to the motion was accepted by Council Member Guerrero and it
passed by the following vote: Turner, Berlanga, Guerrero, Hawkins, Kennedy,
McComb, Mendez and Slavik voting "aye"; Jones voting "no".
* * * * * * * * * * * * *
*
A motion was made by Mayor Pro Tem Turner that the Regular Council Meeting
be recessed at 7:08 p.m. in order to convene the meeting of the Corpus Christi
Housing Finance Corporation. The motion was seconded by Council Member Slavik
and passed unanimously.
* * * * * * * * * * * * * * *
Mayor Jones reconvened the Regular Council Meeting at 7:21 p.m.
Council Member Hawkins requested a report from the staff on Metro
Ministries and the location of their facility called Loaves & Fishes.
City Manager Martin explained that Mr. Charles Smith and Mr. Fred Williams
of the Human Relations Department had been working with the Metro Ministries
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Page 28
organization and their efforts will continue. He stated that the staff is of
the opinion that the program should continue at a site that would not disturb
other property owners.
Mayor Pro Tem Turner suggested the consideration of the use of closed
schools or churches to feed the needy.
Mayor Jones stated that one of the representatives of the Department of
Agriculture informed him that the location must be within walking distance of
Texas Employment Commission in order that they may encourage the recipients to
seek employment.
Council Member Berlanga noted that there is a gentlemen present in the
audience who wants to present a claim. He stated that he had heard from the man
a story that was very disturbing and if the Council feels that the gentleman's
complaint is legitimate, there should be an investigation conducted by someone
from outside the City.
Mr. Ruben Lara addressed the Council and stated that he has a five year
contract with the City for the bait stand on the T -Head. He asked his son to
read his statement in regard to events that had occurred at the Marina in
connection with his bait stand.
Mr. Lara's son then read the statement, copy of which is on file in the
office of the City Secretary, in which he alleged that he had been harassed and
forced to do things against his will, sign papers that he did not concur with
and discriminated against by Mr. Terry Dopson, Director of Park & Recreation and
Mr. Bob Bruner, Marina Superintendent. In the statement Mr. Lara stated that he
had a five year lease for the operation of the bait stand. He then related
several incidents that had occurred which he felt were efforts to keep him from
operating the bait stand. In his statement he expressed the opinion that a
Captain Snell was a personal friend of Mr. Dopson's and he evidently wanted the
old bait stand so that Captain Snell could charter boats and operate a
concession stand. He pointed out that when he was awarded the contract for the
new bait stand, two large boat stalls were a part of the lease. He stated that
Mr. Bruner had approached him and informed him that they needed a large stall
for a big boat that belonged to Captain Snell.
Mr. Lara's son continued his statement and at one point stated that Mr.
Lara had been told that his lease would no longer be in effect because he was
delinquent in his payments to the City. He stated that he had gone to the
Collections Section where his payments are made and obtained a receipt showing
that his payments were current through December 10, 1983. He also mentioned the
fact that he was informed that if he did not stay open 24 hours a day he would
in effect be breaking his lease and he would lose the bait stand. Mr. Lara
concluded his statements by saying that he had been harassed, forced to do
things against his will, sign papers that he did not agree to and in general,
was discriminated against. He made the allegation that these events occurred
due to the fact that Captain Snell wished to take over the bait stand.
Mayor Jones stated that this should be referred to the City Manager in
order to provide him an opportunity to answer the charges. He stated that if
the questions were not answered satisfactorily, then it should be referred to an
outside agent.
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Page 29
Council Member Berlanga expressed the opinion that Mr. Lara is being
harassed and treated unfairly and he did not think that the City should allow
such practices.
Council Member Guerrero stated that he would like the opportunity to hear
an explanation from Mr. Dopson and from Mr. Bruner and then from the City
Manager.
A motion was made by Mayor Pro Tem Turner that this matter be referred to
the City Manager for a report. The motion was seconded by Council Member
Kennedy.
Council Member Mendez urged that the City Manager be instructed to
thoroughly investigate these allegations and if the events actually occurred,
then some action should be taken.
Council Member Hawkins concurred stating that if this problem exists,
something should be done about it, but it should be investigated by the City
Manager first.
City Manager Martin stated that this is the first he has heard of the
events and he did need some time to investigate.
The motion to refer the matter to the City Manager passed unanimously.
Mr. Jack Davis spoke in regard to the Kiwanis Recreation Building on the
beach. He stated that they had received a letter from Mr. Terry Dopson to the
effect that they would have to start paying $50 for meetings which are conducted
at the Kiwanis Recreation Building. He stated that he had paid $50 for rental
of the facility the last time their group met. He pointed out that they have
never had to pay rent before and he asked that that policy be examined. He
pointed out that his group only meets 12 times a year for about 2 hours each
time.
City Manager Martin stated that he understood that there was a charge for
renting the Recreation Building but he would investigate this matter also.
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 Regular Council Meeting was adjourned at 7:46 p.m.,
December 7, 1983.
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