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HomeMy WebLinkAboutMinutes City Council - 01/02/1985j MINUTES / / 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) wpm MED Minutes 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. lutes .gular Council Meeting January 2, 1985 Page 3 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 Minutes 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 lutes _gular Council Meeting January 2, 1985 Page 5 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 Minutes 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 Lutes __gular Council Meeting January 2, 1985 Page 7 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 Minutes 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 Lutes ,gular Council Meeting January 2, 1985 Page 9 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. Minutes 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 :lutes _.egular Council Meeting January 2, 1985 Page 11 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. Minutes 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. lutes _egular Council Meeting January 2, 1985 Page 13 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