HomeMy WebLinkAboutMinutes City Council - 01/02/1985j MINUTES
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/ CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
JANUARY 2, 1985
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
Acting City Secretary Dorothy Zahn
Mayor Luther Jones called the meeting to order in the Council Chamber of
' City Hall.
The invocation was given by Council Member Joe McComb, following which the
Pledge of Allegiance was led by David McComb and Robbie Eichelberg of Boy Scout
Troop #117.
Acting City Secretary Dorothy Zahn 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 Meetings of December 11 and December 18, 1984, be approved as
presented, seconded by Council Member Mary Pat Slavik and passed unanimously.
Mayor Jones stated that the following Board and Committee appointments had
been discussed during the Workshop Meeting:
1. Electrical Advisory Board Term
Nick Fernandez (reappointment) 12/31/86
(Electrical Engineer)
Armando Martinez (reappointment) 12/31/86
(Master Electrician)
Ken Helbling 12/31/86
(Journeyman Electrician)
Ted Stephens (reappointment) 12/31/86
(citizen -at -large)
Christine Wisian (reappointment) 12/31/86
(citizen -at -large)
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Regular Council Meeting
January 2, 1985
Page 2
2. Bay Drilling Committee
Michelle Mueller (reappointment) 12/31/87
(oil industry)
Bonnie Cohen 12/31/87
(general public)
3. Senior Community Services Advisory Committee
Dorothy Earwood 12/26/86
Mattie Martin (reappointment) 12/26/86
Margaret Barnes (reappointment) 12/26/86
Reynaldo V. Rincon (reappointment) 12/26/86
Joseph Tassler (Advisory Member)
Elizabeth Price (Advisory Member)
Josephine Dobson (Advisory Member)
Flora Pockrus (Advisory Member)
A motion was Council Member Frank Mendez that the board appointments be
approved, seconded by Council Member Slavik and passed unanimously.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the following Consent Motions:
1. Approval of specifications and authorization to receive bids January 23,
1985, for a twelve month supply agreement, with option to extend for an
additional twelve months at the same terms and conditions, subject to the
approval of the supplier and the City Manager, or his designee, for back-
fill sand and sandy loam top soil. This item is included in the 1984-85
Budget with an estimated annual expenditure of $41,700.
2. Approval of specifications and authorization to receive bids on January 23,
1985, for 1-3/4" and 5" fire hose for the Fire Department. The hose is
included in the 1984-85 Capital Outlay Budget with an estimated expenditure
of $17,600.
3. Approval of specifications and authorization to receive bids on January 30,
1985, for a truck mounted excavator for the Street Division. The excavator
is included in the 1984-85 Revenue Sharing Budget with an estimated expen-
diture of $125,000.
4. Approval of specifications and authorization to receive bids January 30,
1985, for a three wheel mechanical street sweeper for the Street Division.
The equipment is included in the 1984-85 Revenue Sharing Budget with an
estimated expenditure of $59,700.
5. Approval of specifications and authorization to receive bids January 30,
1985, for five (5) refuse trucks for the Sanitation Division. Estimated
expenditure is $289,500 with funds available in the 1984-85 Revenue Sharing
Budget.
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Council Member Slavik inquired as to the number of truck mounted excavators
and street sweepers the City currently has, and Assistant City Manager James K.
Lontos stated the Street Division currently has seven sweepers; they are used
primarily in the downtown area in the early morning; and after further
discussion of the use of street sweepers, the City Manager stated that the
neighborhood streets are not swept on a regular basis, but are done on an "on
call" basis; i.e., if a citizen complains.
*Mayor Pro Tem Betty Turner arrived at the meeting at 2:10 p.m.
6. Approval of specifications and authorization to receive bids January 30,
1985, for an 8" x 8" trailer mounted pump for the Wastewater Division. The
pump is included in the 1984-85 Capital Outlay Budget with an estimated
expenditure of $17,500.
7. Approval of specifications and authorization to receive bids January 30,
1985, for a wheel tractor with brush loader for the Sanitation Division.
The loader is included in the 1984-85 Capital Outlay Budget with an
estimated expenditure of $41,000.
8. Approval of specifications and authorization to receive bids February 6,
1985, for a twelve month supply agreement, with option to extend fors an
additional twelve months at the same terms and conditions, subject to the
approval of the supplier and the City Manager, or his designee, for police
training reload ammunition. An annual expenditure of $11,500 is estimated.
Council Member Welder Brown, referring to item 8, asked what reload
ammunitions was, and City Manager Martin stated that reload ammunition was less
expensive; does not have the same type of point as regular ammunition; and is
used for qualification training by the Police Department.
9. Approving specifications and authorizing bids to be received January 23,
1985 for storm and security shutters for the Hialco building at 1114 Sam
Rankin. Estimated expenditure is $7,000 with funds available in the 9th
Year Supplemental Community Development Block Grant Program.
In regard to item 9, Council Member Brown inquired if the shutters for the
Hialco building would be a deterrent to burglars since this building has had
break-ins in the past, and Mr. Martin stated that it would help the situation
somewhat.
10. - Approving specifications, authorizing bids to be received on January 9,
1985, and authorizing the City Manager to determine the highest and best
bid for the removal of a house at 1215 Mestina Street, commonly called the
Botary House. The Landmark Commission has determined that the house has no
historical significance and the house must be moved as it is in the
four -block new City Hall site where a demolition contract is now in
progress.
11. Approving a twelve month supply agreement, with option to extend for an
additional twelve months at the same terms and conditions, subject to the
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Regular Council Meeting
January 2, 1985
Page 4
approval of the supplier and the City Manager, or his designee, for asphalt
and emulsion oils for use in the Street Maintenance Program as follows:
Texas Fuel & Asphalt
AC -5 Asphalt Oil
'RC -2 Asphalt Oil
Total:
$15,062 - based on low bid
26,500 - based on low bid meeting specifications
$41,562
Texas Emulsions, Inc.
EA11M Emulsion Oil $39,000 - based on only bid received
HFRS Emulsion Oil 76,050 - based on only bid received
Total: $115,050
Estimated Annual Total:
$156,612
Eleven bid invitations were issued and four bids were received. Prices
have increased an average of 12.6% since last contract.
Mayor Jones inquired about item 11 as to why the prices for the oil had
increased when the cost of fuel in general has decreased.
Mr. F. D. Glenn, Purchasing Agent, stated that the 12.6% increase was an
overall increase and some of the individual prices had actually decreased.
Mayor Jones recognized former Council Member David Diaz who was present to
speak on the naming of the Gabe Lozano, Sr. Golf Center.
12. Approving the purchase of automobiles, for various activities based on low
bids and the execution of supply agreements with the indicated low bidders
for additional vehicles as necessary, within budgeted funding limits.
Creveling Motor Co.
Estm. 31 police patrol sedans
@ $10,575
Total: $327,825
Tradewinds Ford Sales
Estm. 15 Int. sedans @ $7,856.51
2 Int. wagons @ $8,361.77
5 compact sedans @ $6,469.68
18 subcompact sedans @ $6,280.37
Total: $279,966.25
Grand Total: $607,791.25
*13. Approving a five year lease, including full maintenance, with option to
purchase at the end of the lease, one sanitary landfill scraper for Sanita-
tion Division, from B.D. Holt Company, based on only bid, as follows:
Five Year Lease, with
Purchase Option Price
*Withdrawn - See page 7
Full Maintenance
after Five Years
Total:
Less Trade -In:
GRAND TOTAL:
$277,464
63,567
$341,031
17,250
$323,781
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14. Change Order No. 2 to the Layne Texas Company contract for Water Well
Drilling Services in the deductive amount of $8,065 be approved. Because
the yield of the well being drilled under this contract is less than the
B00 gallons per minute anticipated, it is necessary to provide a smaller
pump and a smaller column pipe than that which was originally bid on this
project.
15. A contract be awarded to Black Brothers Construction Co., Inc. in the
amount of $34,100 for the construction of a multipurpose court in Greenwood
Park adjacent to Garcia Elementary School. Funds for this award have
previously been appropriated by separate ordinance.
Council Member Guerrero stated that the appropriation for the multipurpose
court in Greenwood Park had been $43,000, and he inquired if the contract had
been changed, and Mr. Lontos stated that the contract had not changed, but the
remainder of the $43,000 appropriated was for additional engineering and
contingencies, advertising, testing, etc.
16. A revocable easement be granted to Padre Island Car Wash, a General
Partnership, Billy J. Blankenship, Partner, and W. S. Perkins, Partner,
providing for the installation of approximately 990 linear feet of 2"
diameter force main in utility easements and public rights-of-way in and
adjacent to Blocks 35 and 27, Padre Island Unit 1. The force main would
pump wastewater to an existing sanitary sewer lift station from a proposed
car wash, which would use a water recycling system to minimize wastewater
discharge. A fee of $990.00 is recommended for the easement grant.
Council Member Slavik inquired if there would be a cost to the City for the
revocable easement and Mr. Lontos stated that there was not.
17. Authorizing the City Manager to execute a park deferment agreement for
Chaparosa Park Unit 2. This waives the park dedication requirement so long
as the property is used for non-residential purposes. Should the property
ever be used for residential purposes, the owners are to make a payment in
lieu of park dedication based upon the then -appraised raw land value. This
agreement is made pursuant to Section IV G.1.(c) of the Platting Ordinance.
Council Member Slavik, referring to item 17, asked for an explanation of
the determining factor of the dedication of park land as opposed to a payment in
lieu of park dedication.
City Manager Martin stated that there is no park dedication for industrial
or commercial subdivisions; Chaparosa Park Unit 2 is outside the city limits and
is therefore unzoned; but if this area is ever used for residential purposes,
the developers have agreed to a dedication of land or money.
Referring to item 12, the purchase of vehicles, Mayor Pro Tem Turner
inquired as to how this interfaced with the policy to cut back on City vehicles.
Mr. Martin stated that these vehicles are being purchased by the
Maintenance Services Division, and Mr. F. D. Glenn stated that two of the
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Regular Council Meeting
January 2, 1985
Page 6
vehicles are replacements for leased vehicles in the Burglary Task Force
Division.
It was noted by memorandum to the City Council by Mr. Bill Hennings,
Assistant City Manager, that item 13 was changed to read as follows:
*13. Approving the purchase of a replacement sanitary landfill scraper from
B. D. Holt Company for $196,319 which includes trade-in, and approving a
five year agreement with B. D. Holt Company in the amount of $54,384 for
full maintenance on the scraper.
Mayor Pro Tem Turner inquired as to the warranty for scraper in item 13,
and Mr. Glenn stated that it is a full five year maintenance warranty.
Referring to the purchase of vehicles in item 12, Council Member Guerrero
requested a report as to how many vehicles are driven home, who drives the
vehicles home, and who determines which employees can take cars home.
Mayor Jones asked how many automobiles the City currently has, and Mr.
Martin stated approximately 500.
Council Member Frank Mendez noted that the maintenance cost for the scraper
would amount to $54,000, and Mr. Martin stated that the City would do none of
the maintenance on the scraper and the price of $54,000 included all parts and
labor.
18. A public hearing be held on January 29, 19,85, on the closure request of
Last Street between Caldwell and Mussett Street. This request is being
initiated by the staff primarily because Last Street is not now open on the
ground and was not recommended for major street improvements in the George
Evans School Area Unit 1 Street Improvement project.
Mayor Jones called for comments from the audience on the Consent Motions.
Mr. C. Conrad, 510 Wagon Wheel, referred to item 13 and stated that his
company, Anderson Machinery, was a non -bidder on this item; the Purchasing
Department had asked for submission of a letter as to why they did not bid; his
reasons for not bidding are explained in his letter; and the City has ended up
with a sole source for this item. He then provided the Council with copies of a
letter explaining why he did not bid. He summarized by stating that the bid was
exceedingly complicated; the maintenance portion was based on incidents in the
future that are unknown; a large portion of maintenance depends on how the
equipment would be used by the operator; and he emphasized the fact that the bid
specifications were very confusing.
A motion was made by Council Member Guerrero to delay action on item 13,
seconded by Mayor Pro Tem Turner.
Mayor Jones referred to Mr. Hennings memorandum and asked Mr. Conrad why
his company could not bid, and Mr. Conrad stated that the specifications
required that all forty lines be filled in and his company could not do this.
*Withdrawn - See page 7
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Council Member McComb stated that this is not a sole source bid; the
different companies were provided an opportunity to bid and after reviewing the
specifications, decided not to bid. He stated that the staff's recommendation
is a sound decision.
Council Member Guerrero stated that if the bid specifications disqualify
companies from bidding, then the City does have a sole source.
Mayor Jones stated that the Purchasing 'Department is recommending a
purchase of $196,000 and $54,000 for five years of maintenance, and he has a
great deal of confidence in the Purchasing Department.
Mr. Ken Powell, representing B. D. Holt Company, stated that the bidding
procedure used is not uncommon; it took a considerable amount of time to
research his company's records to be able to provide the maintenance figure; the
maintenance portion of the bid is strictly an option to the Council, but if it
were his decision, he would also want to know all of the different alternatives
and the cost in order to make the best decision.
Council Member Berlanga inquired of Mr. Conrad if he felt the
specifications were made complicated, and Mr. Conrad stated that when the
original specifications were prepared, he had stated that it could be done with
one price line, but the final specifications had forty price lines.
City Manager Martin stated that the specifications were prepared in the
interest of the taxpayers, not the bidders; the City can budget and plan on a
firm figure, not on the unknown; and the bidders were asked to bid on what they
thought the cost of maintenance would be.
Mr. Powell pointed out to the Council that if it was that difficult to bid
on the maintenance portion, it would be even more difficult for the Council to
budget the necessary funds without the maintenance portion.
Mayor Jones called for the vote on the motion to withdraw item 13, and
Council Member McComb voted no; all others voted aye.
A motion was made by Mayor Pro Tem Turner that Consent Motions 1 through
18, with the exception of item 13, be approved, seconded by Council Member
Guerrero and passed unanimously.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Ordinances.
In regard to ordinance 19, granting a special permit for Dr. Joseph Oshman,
Mr. Wenger stated that this zoning application was heard on October 16, 1984, at
which time a motion was made to deny the requested zoning of "B-3" but, in lieu
thereof, a special permit be approved authorizing "AB" Professional Office use
only and exempting apartments from installation on this lot; the applicant has
submitted a site plan in accordance with the City Council's action; and the 20%
rule is in effect. Mr. Wenger then displayed a transparency of the area, showed
slides of the area, and described the land use in the surrounding area. He then
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Regular Council Meeting
January 2, 1985
Page 8
provided the Council with copies of the proposed site plan and Council Member
McComb stated that he did not consider this an adequate site plan.
Mayor Jones noted that under the current zoning, apartments could be
constructed at any time, but with the special permit, apartments would be
restricted.
Mayor Pro Tem Turner inquired about the Wooldridge Creek Association's
response to the site plan, and Mr. Wenger stated that they felt it was
inadequate in that it did not show a setback and that they also wanted a buffer
of green space as a part of the setback.
Mayor Jones inquired if this met the staff's requirements and Mr. Wenger
stated that it was in accordance with the Council's motion of October 16 which
was to deny "B-3" zoning but in lieu thereof, a special permit be approved
authorizing "AB" uses only and exempting apartments from installation on this
lot.
Mayor Jones stated that when construction on this lot commences, plans
would have to be submitted to the City's Building Division and a setback would
be required on those plans.
Mr. Wenger stated that under "AB" zoning a 10 foot setback would be
required from the fences of the homes and from the street, and a three story
structure is allowed under "AB" zoning.
Council Member Slavik inquired about the width of the street that will be
constructed, and Mr. Wenger stated the developer will construct, at no cost to
the City, Patten Street, which will be 290' x 1242' with a 60' right-of-way.
Mayor Jones expressed the opinion that the neighborhood association should
not dictate what is on the site plan.
Council Member Mendez stated that a buffer or green space should be
required as a part of the special permit, and Mr. Wenger stated that the
neighborhood association expressed this desire at the public hearing.
**Council Member Kennedy arrived during the foregoing discussion.
Mayor Jones called for comments on ordinance 19.
Mr. Bill Sanders, 2410 Rainy River and President of the Wooldridge Creek
Association, stated that he is opposed to zoning of "B-3"; the association was
willing to consider zoning of "AB" if it was known what was going to be built;
the owner just wants to be able to sell the property; and the proposed site plan
is not what the association had asked for.
Mr. Bobby Richter, 3933 Knotty Oaks, stated that the issue is that the
association does not want "B-3" zoning; it was their understanding there would
be a site plan, and after reviewing the proposed site plan, it is his opinion
that no site plan exists in that it shows no buildings, but rather just a lot
that states "AB uses with apartments restricted." He stated that the
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association would like to see a site plan with more specific information.
Mr. Leslie Simon, the applicant, stated that at the hearing on October 16,
1984, he had agreed to "AB" zoning with a restriction on apartments; there are
no plans prepared for construction at this time; and the site plan submitted is
in accordance with Mr. McComb's motion made during the public hearing. He
stated
that "A-1" zoning would be more detrimental to the area as opposed to "AB"
zoning, and pointed out that when the property owners in Wooldridge Creek
Subdivision bought their homes, they were aware that the subject lot was
currently zoned for apartments.
Mayor Jones inquired if it was a fact that Mr. Simon intended to sell the
property, and Mr. Simon stated that he did in fact have plans to sell.
Council Member Slavik inquired if the Association was concerned about the
height of the buildings and Mr. Wenger stated that they did express this concern
at the public hearing.
Mayor Pro Tem Turner stated that it was quite impossible to require a site
plan more specific than what was provided when there are no current plans.
Mr. Wenger stated that the only recourse would be to require a plan that
would show a setback line.
Council Member Mendez stated that a site plan which showed a setback line
reserved only for green space would not affect the marketability of the
property.
Mr. Simon stated that they had already compromised with the Association by
restricting the building of apartments allowed under "AB" zoning.
Council Member Mendez stated that he would like for the site plan to show a
setback line reserved for green space, and Mr. Simon stated that in his opinion,
"AB" zoning is a buffer in itself.
Council Member Berlanga stated that the only logical zoning for this
property is "AB" and when building permits are issued, setback requirements are
met at that time.
Mr. Alan Doty, 3101 S. Staples, agent for Dr. Oshman, stated that it
appeared to him that some of the critical issues of this zoning case had become
distorted. He stated that the owners of the property have gone through the
proper procedures for this request; they wish to market their property; the
property was zoned "A-1" before Wooldridge Creek Subdivision was built; the
residents of the neighborhood objected to "B-3" zoning and during the public
hearing before the Council a compromise was derived. He stated that Mr. Simon
agreed to "AB" uses with apartments restricted and now the association is asking
for more. Mr. Doty stated that there was discussion of green space at the
public hearing, but it was discussion only; and a site plan was to be brought
forward for "AB" uses with apartments restricted, and this was done.
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Regular Council Meeting
January 2, 1985
Page 10
Mr. Sanders spoke again and stated that the Association would rather have
the property remain "A-1" than "AB" with no stipulations. He stated that the
owners of the property would have to, at some point, agree with the Association.
He stated they would prefer to have the property used for residential purposes.
Mr. Richter spoke again and stated that the site plan is not sufficient.
Dr. Oshman stated that he has owned this property for a long period of
time; he had recently been made aware that sewer service was available for this
area; and if he had known this at an earlier point in time, apartments would be
in existence at this location today.
Mayor Jones stated that the Council has three options. One, to approve
"AB" with apartments restricted; two, deny any change; and three, amend the
special permit to impose other restrictions. He noted that the 20% rule is in
effect, which requires seven affirmative votes of the Council.
Mayor Pro Tem Turner stated that "AB" zoning would seem more desirable than
"A-1", but she also would like to see some type of buffer provided.
Council Member Guerrero agreed that "AB" would be better zoning. He also
stated that property owners cannot rezone another's property and he stated that
he would be in favor of "AB" zoning with apartments restricted, as originally
proposed.
Council Member Mendez stated that the Council has the right to amend this
ordinance and he then made a motion to amend the special permit to provide a
setback of 10 feet for green space. The motion was seconded by Council Member
Slavik and it failed to pass by the following vote: Turner, McComb, Mendez, and
Slavik voting "aye"; Jones, Berlanga, Brown, Guerrero and Kennedy voting "-no".
A motion was made by Council Member Guerrero that the zoning of "B-3" be
denied, but in lieu thereof that a special permit be granted for "AB" uses only
and exempting apartments, seconded by Council Member Brown.
Council Member McComb stated that on October 16, 1984, he had made the
original motion subject to an acceptable site plan and in his opinion, the site
plan submitted is not acceptable and he cannot support this zoning change.
Mayor Jones stated that the owners of the property have rights and the
neighbors have rights, but the neighbors do not have the right to dictate
exactly what type of structures can be built.
Council Member Mendez stated that he had made the motion to amend the site
plan, but he would support Mr. Guerrero's motion.
Acting City Secretary Zahn polled the Council for their vote on the
ordinance and it passed as follows:
19. ORDINANCE NO. 18613
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JOSEPH OSHMAN, ET AL BY
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GRANTING A SPECIAL COUNCIL PERMIT AUTHORIZING "AB" PROFESSIONAL OFFICE DISTRICT
USES ONLY AND EXEMPTING APARTMENTS ON TRACTS B AND C, BLOCK 13, LOKEY
SUBDIVISION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, and Mendez
voting "aye"; McComb and Slavik voting "no".
Mayor Jones called for consideration of Consent Ordinances 20 through 29.
In regard to ordinance 23, which authorizes a contract with Peat, Marwick,
Mitchell and Co., City Manager Martin informed the Council that this is paid
from federal grants and that the firms were interviewed by the Interim Transit
Board and this is their recommendation also.
Speaking in relation to Ordinance 28, restriction of curbside parking,
Mayor Jones inquired about the reason for this.
Mr. Tom Stewart explained that this will allow the City to eliminate the
parking wherever necessary for safety reasons. He stated that they will examine
the needs of the adjacent property owners before parking is prohibited.
Council Member Berlanga referred to the restriction of parking on Baldwin
Street and stated that he was under the impression that the City did not plan to
restrict parking on that street, and Mr. Stewart informed him that this is a
separate section of Baldwin which is primarily industrial.
Mayor Jones ascertained that no one in the audience wished to speak in
regard to the ordinances and called for the roll call on the ordinances.
Acting City Secretary Zahn informed the Council that there was a motion to
amend prior to third reading the ordinance pertaining to Charitable
Solicitations.
A motion was made by Mayor Pro Tem Turner that the following amendment be
approved, seconded by Council Member Guerrero and passed unanimously:
Approving an amendment to the Charitable Solicitation Ordinance prior to third
reading to (1) delete the present exemption from registration of those persons
soliciting on premises owned or controlled by someone else, for example shopping
centers and malls; (2) deleting the language in Section 38-35 referring to
raffles or drawings, which might suggest that such activities are legal.
Mrs. Zahn polled the Council for their votes on the ordinances and the
following were passed:
20. ORDINANCE NO. 18614
CLOSING AND ABANDONING A 10 -FOOT WIDE UTILITY EASEMENT BETWEEN LOTS 4 AND 5,
BLOCK 2, AND A 10 -FOOT WIDE UTILITY EASEMENT ALONG THE NORTH SIDE OF LOT 5,
BLOCK 1, TURTLE COVE CENTER, UNIT 2, SUBJECT TO THE PROVISIONS LISTED BELOW; AND
DECLARING AN EMERGENCY.
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Regular Council Meeting
January 2, 1985
Page 12
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".
21. ORDINANCE NO. 18615
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 32 IN CONNECTION WITH THE PURDUE ROAD STREET IMPROVEMENTS, PHASE II
PROJECT; APPROPRIATING $6,158; 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".
22. ORDINANCE NO. 18616
AUTHORIZING THE EXECUTION OF A CONTRACT WITH BLACK BROTHERS CONSTRUCTION COMPANY
FOR THE REHABILITATION AND LIGHTING IMPROVEMENTS TO THE WEST OSO HIGH SCHOOL
TENNIS COURTS; APPROPRIATING $32,210.79; 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".
23. ORDINANCE NO. 18617
AUTHORIZING EXECUTION OF A CONTRACT WITH PEAT, MARWICK, MITCHELL AND COMPANY FOR
PROFESSIONAL SERVICES AND ALL DOCUMENTS NECESSARY RELATED TO THE RELEASE OF
FEDERAL PLANNING GRANTS' MONIES RECEIVED FROM THE URBAN MASS TRANSPORTATION
ADMINISTRATION; 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".
24. ORDINANCE NO. 18618
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION FOR CITY FINANCIAL PARTICIPATION IN THE TRAFFIC
SIGNALIZATION IMPROVEMENTS AT TWO INTERSECTIONS -- HORNE ROAD/PORT AVENUE AND
HORNE ROAD/PRESCOTT STREET; 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".
25. FIRST READING
AMENDING SECTION 53-152, STOPPING, STANDING OR PARKING NEAR HAZARDOUS OR
CONGESTED PLACES, OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
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The foregoing ordinance was read for the first time and passed to its
reading by the following vote: Jones, Turner, Berlanga,
Kennedy, McComb, Mendez, and Slavik voting "aye".
26. SECOND READING
AMENDING THE CODE OF ORDINANCES BY AMENDING
DELETING THE DEFINITION FOR COMMERCIAL VEHICLE
DEFINITION FOR COMMERCIAL VEHICLE; AND AMENDING
LOADING ZONES -RESTRICTIONS, BY DELETING SAID
SUBSTITUTING THEREFOR A NEW SECTION 53-163.
The foregoing ordinance was read for the
reading by the following vote: Jones,
Kennedy, McComb, Mendez, and Slavik voting
27. ORDINANCE NO. 18619
second
Brown, Guerrero,
SECTION 53-2, DEFINITIONS, BY
AND SUBSTITUTING THEREFOR A NEW
SECTION 53-163, STANDING IN CURB
SECTION IN ITS ENTIRETY AND
second time and passed to its third
Turner, Berlanga, Brown, Guerrero,
"aye".
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 third and final time and passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb,
Mendez, and Slavik voting "aye".
28. ORDINANCE N0. 18620
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 third and final time and passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb,
Mendez, and Slavik voting "aye".
29. ORDINANCE NO. 18621
AMENDING CHAPTER 38 OF THE CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI TO
ELIMINATE THE REQUIREMENT OF INDENTIFICATION CARDS FOR PERSONS SOLICITING FUNDS
FOR CHARITABLE PURPOSES; AND PROVIDING FOR SEVERABILITY.
The foregoing ordinance was read for the third and final time and passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb,
Mendez, and Slavik voting "aye".
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
January 2, 1985
Page 14
Mayor Jones called for consideration of motions on the Regular Agenda:
30. A contract be awarded to Hay Management Consultants in an mount not to
exceed $10,000 to conduct a recruitment process for the position of City
Secretary.
Mayor Pro Tem Turner stated that she felt this was unnecessary because the
position of City Secretary requires an individual that will work well with the
Council, but also someone who has acquired an intimate knowledge of the City and
the Election Code. She stated that she felt an individual meeting these
qualifications could be found within the City or "in-house" and that the City
Council would be able to do this in conjunction with the Personnel Department.
Mayor Jones stated that this is an important action and one which will
probably result in the hiring of someone who works within the City. He stated
that he anticipates 100 or more applications for this position and the Council
would be well -served in hiring Hay Management Consultants.
Council Member Berlanga stated that he agreed with Mrs. Turner; he feels
that the Personnel Department can accomplish the objective; and the funds to be
spent in hiring a consultant firm could be saved. He expressed the opinion that
if a qualified person cannot be found "in-house", then a consultant should be
hired.
Council Member Kennedy stated that he felt this was a good action; he money
involved is not a set amount -- it is a "not to exceed" contract. He stated
that if this wasn'tapproved, it would involve too much of the Council's time.
A motion was made by Council Member Kennedy to approve item 30, seconded by
Council Member Guerrero.
Council Member McComb inquired about the time frame involved, and City
Manager Martin stated that that would depend on the Council, but approximately
three months.
Council Member McComb stated that he too agreed with Mrs. Turner and would
vote no on this item.
Council Member Brown stated that it is not necessary to hire a firm; the
Council could accept the applications; the City has a very capable Personnel
Department; and he would also vote against this item.
Mayor Jones called for the vote on the motion to approve item 30 and it
passed by the following vote: Jones, Guerrero, Kennedy, Mendez, and Slavik
voting "aye"; Turner, Berlanga, Brown, and McComb voting "no".
City Manager Martin brought to the Council's attention the fact that his
office would be receiving the applications and Mayor Jones stated that he agreed
with this.
Mr. Martin stated that the applications could be sent directly to Hay
Management in order to expedite the hiring process, and the Mayor stated he had
nutes
Regular Council Meeting
January 2, 1985
Page 15
no objection to that either.
Council Member Mendez stated that Hay Management would present the
credentials of the top fifteen candidates to the Council and reduce the pool to
five. He inquired if the Council would pool those five candidates and Mayor
Jones stated that the Council would have the opportunity to review the fifteen
and if they do not agree with the five selected by Hay Management, the Council
could revise that.
Council Member Guerrero stated that the hiring of the City Secretary is the
Council's responsibility and that this should be done before the election of a
new Council.
Council
the election
will be very
Council
conduct the
function.
Member McComb pointed out that if the person hired is familiar with
process, there will be no problem; otherwise, this new employee
confused.
Member Guerrero stated that he felt the Legal Department could
elections, and that the election process is an unimportant
Council Member Mendez pointed out that Ms. Zahn began preparing for the
April election several weeks ago.
Mayor Jones inquired if February 28, 1985, would be a reasonable date for
Hay Management and Mr. Martin stated that if the first step is eliminated,
meeting with individual Council Members on the desired qualifications, and this
could be conveyed by telephone, possibly a few weeks' time could be saved.
Mayor Jones suggested that Hay Management meet with the Council as a whole
and not individually, and Mr. McComb pointed out that they had previously met
with the Council Members individually.
Council Member Guerrero stated that he has specific points he would like
to convey to Hay Management, but that this could be done by telephone.
Mr. Martin stated that Hay Management could possibly meet with the Council
as a whole next Tuesday, and Mayor Jones stated that he would prefer to meet
with Hay Management with all of the Council Members present.
Council Member McComb reiterated that the applications would be sent
directly to Hay Management.
Mayor Pro Tem Turner inquired if this contract included advertising fees,
and Mr. Martin stated that the advertising would be paid separately.
Council Member Berlanga stated that existing employees should be considered
for promotion first.
Council Member Brown requested that the Council be provided a copy of Hay
Managements' previous report on the City Secretary's Office.
Minutes
Regular Council Meeting
January 2, 1985
Page 16
* * * * * * * * * * * * *
Mayor Jones called for consideration and comments on the ordinances listed
on the Regular Agenda.
Mr. David Diaz, former Council Member, speaking in favor of the renaming of
the Corpus Christi Golf Center to Gabe Lozano, Sr., Golf Center, stated that
this is a good action on the part of the City Council and he was very glad to
see -the Council enthusiastically support this.
Mr. Leo Luna, former Council Member, stated that he had initially thought
that naming a building commemorating Mr. Lozano would be appropriate, but Mr.
Lozano had a great love for golf, and it was decided that the Golf Center would
be more commemorative.
Acting City Secretary Zahn polled the Council for their vote on the
ordinance honoring Mr. Lozano and it passed as follows:
31. ORDINANCE NO. 18622
CHANGING THE NAME OF THE CORPUS CHRISTI GOLF CENTER TO THE GABE LOZANO, SR. GOLF
CENTER; 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".
In regard to Ordinance 32, Assistant City Manager Tom Utter explained that
the ordinance governing the naming of parks allows for a park to be named after
someone who is still alive who has donated a considerable amount of time to that
particular park. He informed the Council that Mr. Dick B. Roddy is active in
model aviation; he was instrumental in securing the current space at Bill Witt
Park used by the local club for remote controlled models; and he has been a
major contributor to the development of the club and their activities.
Mayor Jones inquired if this was just a portion of Bill Witt Park, and Mr.
Utter stated that it was just the portion where the model airplanes are flown.
Council Member Guerrero inquired about the definition of the word
"donation" as used in the park naming ordinance, and stated that he thought it
meant a donation of land.
Mr. Utter stated that it could be a donation of land or money; if the air
drome is not maintained there will be no R.B. Roddy Model Air Drome; this was a
decision by the staff; it was discussed by the Park and Recreation Board; and
this is just a small portion of Bill Witt Park.
Council Member Guerrero stated that this could possibly set a precedent for
small "donations" to be made and therefore result in requests for renaming
parks, and Mr. Utter stated that this would definitely not happen.
Minutes
Regular Council Meeting
January 2, 1985
Page 17
In regard to Ordinance 33, redemption of pawned items, Council Member
McComb inquired about the current holding period, and City Manager Martin stated
that there is currently a court case in regard to this; there is a 72 -hour
holding requirement for pawned items, which is what state law reads, but this
provides for an exception in the case of pawned items redeemed by the pledgor.
Council Member Slavik, speaking on the ordinance for immobilizing vehicles,
inquired about the cost of each "boot", and Mr. Tom Stewart, Director of
Transportation, displayed an immobilization device and informed the Council that
each device costs approximately $350, and when the device is installed on a
vehicle, a sign larger than 81" x 11" will be placed securely on the windshield.
*Mayor Pro Tem Turner departed the meeting at 4:25 p.m.
Acting City Secretary Zahn polled the Council for their votes on the
Regular Ordinances and the following were passed:
32. ORDINANCE NO. 18623
NAMING THE MODEL AIR FIELD LOCATED WITHIN BILL WITT PARK R. B. RODDY MODEL AIR
DROME; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and
Slavik voting "aye"; Turner absent.
33. FIRST READING
AMENDING THE CITY CODE SECTION 37-4 TO PROHIBIT REMOVAL OR REDEMPTION OF PAWNED
ITEMS FROM PAWNBROKERS OR SECONDHAND DEALERS FOR SEVENTY-TWO HOURS; PROVIDING
FOR PUBLICATION; AND PROVIDING FOR SEVERANCE.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy,
McComb, Mendez, and Slavik voting "aye"; Turner absent.
34. FIRST READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 53, TRAFFIC, TO PROVIDE PROCEDURES FOR
IMPOUNDMENT AND IMMOBILIZATION OF VEHICLES AND THEIR DISPOSITION; FOR REPEAL OF
CONFLICTING ORDINANCES; FOR SEVERABILITY; AND FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy,
McComb, Mendez, and Slavik voting "aye"; Turner absent.
* * * * * * * * * * * * *
Mayor Jones announced the public hearings on four zoning cases.
Minutes
Regular Council Meeting
January 2, 1985
Page 18
35. Application No. 1284-17, Ms. Dorothy Buckley: For a change of zoning from
"A-1" Apartment House District to "AB" Professional Office District on Lot
3, Block 1, Doddridge Tract, located on the west side of South Carancahua
Street, approximately 100 feet south of Agnes Street.
Assistant City Manager Utter stated that in response to the 13 notices
mailed, two in favor and none in opposition were returned and the Planning
Commission and Planning Staff recommend approval.
Mayor Jones called for comments from the audience and there was no
response.
A motion was made by Council Member Kennedy that the hearing be closed,
seconded by Council Member McComb and passed unanimously.
Acting City Secretary Zahn polled the Council for their vote on the
ordinance effecting the zoning change and it passed as follows:
ORDINANCE NO. 18624
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF DOROTHY BUCKLEY BY CHANGING
THE ZONING MAP IN REFERENCE TO LOT 3, BLOCK 1, DODDRIDGE TRACT, FROM "A-1"
APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik
voting "aye"; Turner absent; and Brown absent at the time the vote was taken.
* * * * * * * * * * * * *
36. Application No. 1184-13, Cimarron Venture: For a change of zoning from
"A-1" Apartment House District with "SP" Special Permit to "B-1" Neighbor-
hood Business District, being a portion of Lot 3, Block 8, Wooldridge Creek
Unit 6, located on the west side of Cimarron Drive, between Misty Meadow
Road and the 75' drainage right-of-way.
Mr. Utter stated that 8 notices of the public hearing were mailed, and one
in favor and one against were returned.
Mr. Larry Wenger, Director of Planning, displayed the area on the zoning
and land use map, described the land use in the surrounding area, and showed
slides of the vicinity.
Mayor Jones called for comments from the audience and there was no
response.
A motion was made by Council Member Berlanga, seconded by Council Member
Guerrero to close the hearing. The motion passed unanimously.
Acting City Secretary Zahn polled the Council for their vote on the
'inance effecting the zoning change and it passed as follows:
Minutes
Regular Council Meeting
January 2, 1985
Page 19
ORDINANCE NO.18625
AMENDING THE ZONING ORDINANCE UPON APPLICATIN OF CIMARRON VENTURE BY CHANGING
THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 3, BLOCK 8, WOOLDRIDGE CREEK
UNIT 6 FROM "A-1" APARTMENT HOUSE DISTRICT WITH SPECIAL PERMIT TO "B-1"
NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik
voting "aye"; Turner absent; and Brown absent at the time the vote was taken.
* * * * * * * * * * * * *
37. Application No. 1184-12,
"AB" Professional Office District
borhood Business District on Lots
Koolside Addition, located on the
north of McArdle Road.
Mr. John H. Thomason: for a change of zoning from
with "SP" Special Permit to "B-1" Neigh -
8, 9, and the north 4' of Lot 7, Block 1,
west side of Airline, approximately 525'
Mr. Utter stated that in response to the notices of the public hearing,
three were returned in favor, and one was returned in opposition. He stated
that the applicant is in agreement with the Planning Commission's and Staff's
recommendation, which is denial, and in lieu thereof grant a revised special
permit to allow expansion of the parking area and construction of an atrium
enclosure on the front of the existing restaurant.
Mr. Larry Wenger, Director of Planning, displayed the area on the zoning
and land use map, described the land use in the surrounding area, and showed
slides of the vicinity.
Council Member Slavik inquired as to what the letter in opposition stated,
and Mr. Utter stated that the letter is from Mr. Gerardo Silva; his property is
directly behind The Homeplate Restaurant; Mr. Silva alleges that his property
floods because Mr. Thomason's property is elevated 8 to 12 inches above Mr.
Silva's; and Mr. Silva requests that someone meet with him to straighten out
this problem.
Mr. John Thomason, the applicant, stated that he did not know that Mr.
Silva was dissatisfied; he had his property cupped so that water would not drain
into Mr. Silva's property, but Mr. Silva's property is very flat; and he would
be glad to meet with Mr. Silva to discuss any possible misunderstandings.
Council Member McComb expressed the opinion that this property should be
zoned "B-1" in order that Mr. Thomason does not have to appear before the
Council each time he has a minor change on the property.
Council Member McComb then made a motion to approve zoning of "B-1",
seconded by Council Member Brown.
Mr. Utter stated that on all property on Airline, the staff has recommended
strongly against "B-1" zoning, but has recommended either "AB" or a special
permit with an approved site plan.
Minutes
Regular Council Meeting
January 2, 1985
Page 20
Council Member McComb stated that he is trying to avoid having Mr. Thomason
reappear before the Council every time he wants to change a minor part of his
restaurant.
Mr. Thomason stated that he appreciates Mr. McComb's efforts, but stated
that he is in favor of the special permit, although in the current application
he has not made a provision for the back porch he wants to add; therefore, he
will have to apply again for a change in his site plan.
Mr. Utter stated that this addition could easily be added to the site plan
and the ordinance could be brought before the Council next week.
A motion was made by Council Member McComb that zoning of "B-1" be denied,
but in lieu thereof a special permit be granted to build an enclosed atrium,
expand the parking lot by four feet, and add a porch to the back of the
restaurant, all subject to an acceptable site plan. The motion was seconded by
Council Member Mendez and passed unanimously.
Council Member Slavik stated that she did not want Airline Road to
encounter the same type of problems that exist on Everhart Road.
A motion was made by Council Member Mendez that the hearing be closed,
seconded by Council Member Brown and passed unanimously.
* * * * * * * * * * * * *
38. Application No. 1184-14, Mr. Arthur Lopez: For a change of zoning from
"R -1B" One -family Dwelling District to to "R-2" Multiple Dwelling District
on Lot 22, Block A, Bluebonnet Court, located on the southwest corner of
Bluebonnet and Driscoll Drives.
Assistant City Manager Utter stated that in response to the notices of the
hearing, one was returned in opposition and none in favor.
Mr. Wenger displayed the area on the zoning and land use map, described the
land use in the surrounding area, and showed slides of the area. Mr. Wenger
stated that there are currently three houses on this piece of property and this
is a non -conforming use.
Mayor Jones called on the applicant to speak.
Mr. Arthur Lopez, 3501 Bluebonnet, stated that he had been given a permit
and the house mover had also been given a permit; the plans the housemover had
submitted to the Building Division did not indicate the other two houses that
were currently on the lot; he had gone before the Planning Commission in order
to get a special permit; and when this was denied, he decided that what he needs
is some time to sell the house.
Council Member Berlanga stated that to the north of the property the land
is zoned "R-2", and Mr. Lopez stated that that is why he thought there would be
pc, problem in moving the house on his property, but what he really wants now is
able to sell the house.
Minutes
Regular Council Meeting
January 2, 1985
Page 21
Mr. Utter stated that it is unfortunate what happened to Mr. Lopez; the
problem arose when the housemover filed plans that indicated an empty lot; and
the staff recommends denial of "R-2", but Mr. Lopez be given six months to sell
the house.
Council Member Kennedy asked for clarification on how this mistake
occurred.
Mr. Wenger stated that when the permit was issued, the plans filed did not
indicate a house was currently on the lot; when the property was inspected, it
was discovered there were three houses on the lot.
Mayor Jones inquired if the permit application was clear in regard to the
fact that the lot should be vacant and Mr. Wenger replied in the affirmative.
Mr. Utter stated that Mr. Sanchez, the housemover, applied for the permit;
he is familiar with the application form; and Mr. Sanchez did not indicate there
was another house on the lot when he submitted his plans.
Mr. Lopez stated that he had not seen the plans filed by Mr. Sanchez until
recently.
Mr. Utter stated that the employees in the Building Division have talked to
Mr. Sanchez and that Mr. Sanchez is willing to help Mr. Lopez move the house
when it is sold.
A motion was made by Council Member McComb that "R-2" zoning be denied on
this application, but the applicant be given six months to sell the house,
seconded by Council Member Mendez and passed unanimously.
A motion was made by Council Member Mendez that the hearing be closed,
seconded by Council Member McComb and passed unanimously.
* * * * * * * * * * * * *
Council Member Kennedy instructed Mr. Wenger to have a staff member inspect
a violation on Texan Trail.
Mayor Jones noted that the Port Commissioners will be sworn in at
9:30 a.m., Wednesday, January 9, 1985.
There being no further business to come before the Council, on motion by
Council Member Mendez, seconded by Council Member Brown and passed unanimously,
the meeting was adjourned at 5:15 p.m., January 2, 1985.
/tkd