HomeMy WebLinkAboutMinutes City Council - 01/15/1985MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
JANUARY 15, 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
Assistant City Attorney Jay Doegey
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 Leo Guerrero, following which
the Pledge of Allegiance to the flag of the United States was led by Council
Member Frank Mendez.
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.
Mayor Jones then administered the oath to the following new appointees to
City boards: Mr. Jim Abernathy, Mechanical Advisory Board; Ms. Michelle
Mueller, Bay Drilling Committee; and Ms. Virginia Brown, Ambulance Advisory
Board.
* * * * * * * * * *
Mayor Jones called for Action of the Council from the Workshop Session on
the following item:
Approving the Texas Department of Highways and Public Transportation plan
for construction of an expressway for South Padre Island Drive from the Oso
Bridge to Laguna Shores Road in the Flour Bluff area.
A motion was made by Council Member Guerrero that the foregoing item be
approved, seconded by Council Member Mendez and passed unanimously by those
present and voting.
* * * * * * * * * *
Mayor Jones called for consideration of the Consent Motions.
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"+nutes
ruler Council Meeting
enuary 15, 1985
Page 3
8. A contract for printing 250 City Zoning Map Books be awarded to Grunwald
Printing Company, on the basis of low bid of $8,062.50. Prices have
increased 82 over the previous order in June, 1983. These books will be
stocked in Stationery inventory and sold to the general public. Five bid
invitations were issued and three bids received.
9. Approving the following actions on the contract for Water Well Drilling
Services by Layne Texas Company:
a)
The contractor be granted a 10 -day time extension against a 10 -day
overrun due to equipment delivery delays from the manufacturer to
32 days allotted for a total of 42 the
supplement
project;
b) The water
authorized
The
well be accepted and
to Layne Texas Company.
total cost of this well is $159,324.
working days on
final payment of $29,749.20 be
Speaking to item 1, the sale and relocation of three houses in the Bayfront
Science Park, Council Member Joe McComb, inquired if the houses were liveable
and Mr. Martin replied in the affirmative.
Council Member McComb then suggested that these homes be advertised and
given away to replace homes that have been condemned and Mr. Martin stated that
this was a good idea; the homes were formerly offered to the Community
Development department of the City; and these could be offered as an alternative
to condemnation.
Council Member David Berlanga concurred with Mr. McComb's remarks, stating
that these homes need minor repairs only and possibly they could be given to
someone who otherwise could not afford a home or qualify for a mortgage loan.
Mayor Jones asked that the City Manager report to the Council on this
possibility.
Mr. Martin stated that it would be possible to keep these homes as a part
of inventory; they could be held on site; they could be used as rental property
until it was necessary for the homes to be removed; and when they are removed,
the lot could be cleared.
Mr. McComb stated that this has possibilities, but the details need to be
worked out.
Council Member Guerrero, referring to item 8, printing of Zoning Map Books,
inquired as to why only three bids were received, and Mr. Martin stated that any
printing company could perform this work if they had the proper equipment, but
that this is a major job.
Mayor Pro Tem Betty Turner inquired as to the cost of each book and Mr.
Martin stated they are sold for approximately $35 each; they are sold to the
public and to City Departments through the City's Stationery Store; the
Minutes
Regular Council Meeting
January 15, 1985
Page 4
Stationery Store has a mark up on items to pay for overhead only, not to make a
substantial profit.
Council Member Guerrero made the observation that Grunwald Printing handles
most of the City's printing needs, and Mr. Martin stated that the City has its
own print shop, but that specialized jobs are performed by a printing company.
In regard to item 9, water well drilling services by Layne Texas Company,
Mayor Jones noted that the well drilled at the Boy Scout Camp on Lake Corpus
Christi is producing approximately 500 gallons per minute, which is 720,000
gallons per day. He stated that if the City had 72 wells producing this amount,
it would meet the City's water requirements.
Mr. Martin stated that because of the recent rains, within one week the
City will have more water in storage than ever in history.
Mayor Jones inquired as to when the City would complete the well drilling
operation, and Mr. Martin stated that currently there are 16 operable wells; two
are being drilled; some wells are being refurbished; and the City still has the
option of drilling two more wells. He informed the Council that the drilling
process has been slowed down, but lease of land is proceeding.
Council Member Brown inquired if the wells would be discontinued when the
lake becomes full, and Mr. Martin stated that the wells would be discontinued
before that time; as a result of the recent rains, the City will cut back on
well production now; the amount of water from the wells is not cost productive
at this time; but the process of land leasing will be pursued. He informed the
Council that Corpus Christi may be one of the strongest cities in Texas from a
water supply standpoint and stated that since the drilling of wells and leasing
of land has begun, it needs to be completed.
Mayor Jones stated that the wells are an alternative water source and are
the most economical alternative as compared to desalination, etc.
Council Member Brown, referring to the purchase of an ambulance, item 7,
inquired as to how many new ambulances the City has.
Mr. Martin stated that the ambulance that was wrecked was one of the new
ones, so after this purchase, the City will have two new ambulances, for a total
of six in service that will be less than one year old.
10. The specifications be amended for the Water Well Drilling Contract being
performed by Crowell Drilling Company to provide for:
a) All water wells being accepted by the City through the City Engineer
as they are put into operation;
b) The one year warranty period for the wells beginning from the time
each well is put into operation and accepted by the City;
c) The 10% retainage per well be released by the City as the wells are
accepted.
_.inutes
Regular Council Meeting
January 15, 1985
Page 5
The water well consultant has recommended these amendments because three
additional wells have been authorized since the initial award for one well
was made in September, 1984.
*11. Authorization to amend the 1984-85 budget to delete two Police Commander
positions, and to add two additional Police Captain positions. This will
more effectively utilize staff functions as explained in the attached memo.
12. A contract be approved with David M. Griffith and Associates, Ltd. for
professional services to be rendered in the preparation of a Cost
Allocation Plan for the fiscal year ending July 31, 1984, 1985, and 1986 at
a fee for each year not to exceed $12,500 including expenses.
Council Member Slavik referred to item 12, a contract for a cost allocation
plan, and inquired as to what that meant.
Mr. Martin stated that on all federal grants, the City can apply a cost
allocation factor, which is the cost to administer the grant. He stated that at
least $25,000 must be recovered before the consultants will receive the full
fee; this is a modeling technique and is very complicated; and the City does not
have the data processing software to perform this task.
City Manager Martin then brought the Council's attention to item 11,
deletion of two Police Commander positions at the Police Department and adding
two additional Police Captain positions. He informed the Council that they are
required to delete the positions, since technically they created the positions
through the budget process; this is an attempt to reduce the number of
commanders and increase the number of captains; and he stated that the Union is
concerned about this action.
* Council Member Charles Kennedy arrived at 2:45 p.m.
Council Member Berlanga stated that the Council had received a letter from
the Union stating that they do not like the procedure in which these changes are
taking place; they think it is unfair; and according to Ruben Cisneros, Chief
Banner is making changes that should be discussed with the Union. Mr. Berlanga
stated that he would like to hear from Mr. Cisneros before taking any action on
this item.
After further discussion, it was decided that this item would be withdrawn
temporarily with the Council to proceed with the remainder of the Consent
Motions.
Referring to item 15, the construction of an additional booth at the
Airport, Council Member Kennedy stated that this item is related to the increase
in parking fees that would be considered later in the meeting and stated that
the fees should not be out of line with charges in other cities.
City Manager Martin stated that if the Council does not agree with the
increase in fees, construction of the booth should commence anyway, since this
will be funded separately. He stated there is enough traffic at the Airport to
warrant an additional booth. He informed the Council that the ordinance on the
*Delayed 30 days - see page 11
Minutes
Regular Council Meeting
January 15, 1985
Page 6
parking rates is not to increase revenues, but rather a collection of the State
tax. He stated that the method of collecting tax from each patron requires that
small change be made with each transaction and with a 15% increase to the long
term maximum 24-hour rate, enough revenue will be generated to pay this tax to
the State.
Council Member Mendez suggested automating the parking process, and Mr.
Martin stated that the City has ordered automated equipment for that purpose,
but the third booth is still needed for peak hours. He stated that this is a
partial answer to the parking problem at the Airport.
Mayor Pro Tem Turner inquired if the Airport Advisory Board was in
accordance with this recommendation, and Assistant City Manager James K. Lontos
stated that the Board did concur.
Mr. Martin stated that by covering the Airport ditch, an additional 200
parking spaces would be provided and that the loop road must be rerouted.
13. The City Hall Annex roof repair project be accepted, and payment in the
amount of the total contract price of $21,719 be authorized to L & M Metal
Fabricators, Inc.
14. Plans and specifications for the installation of Water Distribution Pumping
Station Supervisory Control equipment be approved and bids be received on
February 6, 1985. This project will provide for the installation of
previously purchased instruments and telemetering equipment. This will
centralize control of the pump stations and overhead storage tanks at the
0. N. Stevens Water Plant, thus, reducing the cost of operations.
15. Plans and specifications for improvements to the exit at the Airport
parking lot to include the addition of a third booth with related equipment
and construction, be approved and bids be received Wednesday, January 30,
1985. Funding of the improvements and staffing of the booth will come
through increased revenues from the parking lot operation for the remainder
of the fiscal year.
16. A public hearing be held January 29, 1985, during the Regular Council
Meeting, on the request to change the name of Spring Drive to Spring Fork
Drive. This 1s a request by the Planning Department. The subject street
is located in Sugar Ridge Unit 2, and is a street name duplication. There
are eight lots on Spring Drive, three of which are now occupied with new
homes. The three residents agree with the street name change and there are
no objections from City staff.
Mayor Pro Tem Turner referred to item 13, the City Hall Annex roof repair,
and inquired if there was a change order involved.
Mr. Lontos explained that the additional cost over the original contract
award was the result of unforeseen problems; one, more wet insulation on the
building was found than was anticipated, and consequently, more than 1,700
square feet of existing roof was removed; and two, considerable trapped moisture
was found between some of the roofing plies which were to have been overlaid
'nutes
egular Council Meeting
January 15, 1985
Page 7
with a three ply built-up roof. He stated that there was an increase in the
number of units; i.e., 500,000 square feet was increased to 700,000 square feet;
and that this contract was bid on a unit price basis.
Mayor Jones called for comments from the audience on the consent motions,
items 1 through 16, excluding item 11, and there was no response.
A motion was made by Mayor Pro Tem Turner that items 1 through 16,
excluding item 11, be approved, seconded by Council Member Leo Guerrero, and
passed unanimously.
The Council then proceeded with discussion of item 11 and Mr. Martin stated
that the act of changing these positions must be approved by Council action. He
stated that two commanders retired and this recommendation is to change those
two positions to captains.
Chief Bill Banner stated that the Police Department has too many commanders
at this time; the commanders are not needed in the station duty officer
position; he has promoted five commanders at the divisional office level since
he has been Chief; those positions had to be filled with commanders; and this is
the first opportunity to restructure the station duty officer position.
Mayor Jones inquired if this item was negotiable under the contract with
the Police Officers Association, and Chief Banner stated that management has the
right to define the requirements of the positions; the Chief needs this
flexibility, but should be able to appoint commanders.
Council Member Slavik referred to the memorandum included in the support
material which states "There appears to be some disproportion at the
administrative level," and that, "...given the proportions of personnel at other
levels of the organization, it appears that the department should reassess its
hierarchal command needs at the administrative level."
Chief Banner informed Mrs. Slavik that that is an exact quote from the
survey which was conducted at the Union's request by an outside firm.
City Manager Martin stated that the Police Department has too many people
at the administrative level. He stated that the Union does not disagree with
this fact, although he could not speak for them, but it has been management's
goal to reduce these positions to the level of captain.
Council Member Mendez stated that there are three commander positions in
question; two commanders have retired and one commander has been assigned other
duties besides station duty officer; and the station duty officer positions have
been filled with captains and/or lieutenants. He inquired of Chief Banner as to
how long the station duty officer position has been held by commanders, and
Chief Banner stated that they have been held since he became Chief of Police.
Council Member Guerrero asked what this action would accomplish, and Chief
Banner stated that it would accomplish a more effective and efficient operation
and eliminate some of the top -heaviness of the organization.
Minutes
Regular Council Meeting
January 15, 1985
Page 8
Mr. Ruben Cisneros, President, Corpus Christi Police Officers Association,
stated that the Chief's first statement was that there were too many commanders,
but the Chief promoted people to the position of commander and he reassigned the
Grandfather Clause Commanders to the position called "station commander." He
alleged that the Chief then promoted people to fill the positions vacated by the
Grandfather Clause Commanders; he had the opportunity to promote several
Hispanics, but did not; and now he wants to close the commander positions and
transfer those duties to captain positions. He stated that the department has
no definite chain -of -command, which is important to a military organization;
although the Police Department is not a military organization, it is a
paramilitary organization. He stated that if these two positions are closed,
there will never be a Hispanic promoted to the. position of commander, and he
further stated that the Council should be committed to the Affirmative Action
Plan.
Mr. Cisneros then referred to the study that was performed at the Union's
request and stated that it is true that the Police Department is top-heavy; the
Council contends the Police Department needs more Hispanics, but management says
it has too many administrators. He stated that a defined chain -of -command is
needed; the Police Department is in a mess as far as promotions are concerned;
and he pointed out that the Fire Department has Hispanics at high levels, but
the Police Department does not.
He then requested that the Council oppose item 11 and instruct Chief Banner
to have a sound, defined chain of authority in order that everyone will know who
is in charge of what division or department at any given time, and not give
Chief Banner the ability to open and close positions at his discretion.
Council Member Slavik pointed out that the Union agrees that the Police
Department is top-heavy, and inquired as to what the theoritical difference was
between the Fire Department and Police Department.
Mr. Cisneros stated that the Association agreed in principle to giving the
Chief the authority to appoint commanders. He stated that management is of the
opinion there are too many commanders, but management appointed those
commanders. He alleged that Chief Banner created the problem that exists at the
Police Department and this action will not solve any problem -- the Department
will still be top-heavy.
Mrs. Slavik inquired if this was an economy item, and Mr. Martin stated
that it was, but this has to be done by Council action. He stated that everyone
agrees there are too many commanders, and by this action, they are trying to
eliminate two commander positions. He stated that the points raised by Ruben
Cisneros were issues that will be brought up at the bargaining table, if they
are appropriate to bring up at that time. He stated that Mr. Cisneros is
referring to differences between management and labor, and the issue before the
Council is either eliminate two commander positions and create two captain
positions, or fill two commander positions.
Council Member McComb stated that the issue at hand is the number of
commanders in the Police Department and Mr. Cisneros is addressing other
problems. He referred to the study initiated by the Union and informed Mr.
nu'.es
:gular Council Meeting
January 15, 1985
Page 9
Cisneros and the Council that it does not say to fill commander vacancies with
Hispanics. He stated that he does not know why Mr. Cisneros is bringing this
before the Council and again stated that the memorandum does not refer to
ethnicity or sex.
Mr. Cisneros stated
issue is not so narrow;
Department does have too
not solve the problem.
that he understands Mr. McComb's concerns, but this
it involves several variables. He stated that the
many commanders, but creating captain positions will
Council Member Mendez
Cisneros on that point, and
been there. He stated that
while management waited on
by the remaining commander
that time.
stated that he has a tendency to agree with Mr.
that is why he had asked how long the commanders had
it was not fair for a person to remain in a position
their retirement, and inquired if the position held
that is awaiting retirement would be eliminated at
Mr. Martin stated that that would come before the Council at the
appropriate time, and Mr. Mendez inquired if the current commander would be
demoted to lieutenant. Mr. Martin replied that he would not.
Council Member Mendez pointed out that at one point in time these
commanders were evidently needed and now they are not.
Mr. Martin stated that he did not know of an alternative, but the
Grandfather Clause commanders held that rank legitimately; Mr. Cisneros is
alleging that by reducing the number of positions, management is reducing the
opportunities for Hispanics; and the only alternative is to never eliminate a
position or create new positions. He pointed out that just because a position
is currently there, does not mean it must remain indefinitely. He stated that
rank is very important in the Police Department; he stated that officers have
goals to achieve and if the position is eliminated, opportunity is eliminated;
but if the duties and responsibilities are not there, then the position should
be demoted.
Mr. Mendez pointed out that this gives the impression that the Grandfather
Clause commanders are there because they hold that rank, and Mr. Martin replied
that that is the law.
Council Member Guerrero stated that Mrs. Slavik was hiding behind the
economical side of the issue and Mr. McComb was dividing the Council on an
ethnic issue. He stated that the Chief is correct and Mr. Cisneros is correct.
He stated that when the Affirmative Action Plan was reviewed, the Police
Department was very low in achieving their goals, but this problem cannot be
resolved by deleting two commander positions and adding two captain positions.
He inquired as to what was so unreasonable about a chain of authority.
Mayor Jones inquired if a structural chart was available, and Chief Banner
said there are several structural charts available, some having more definition
than others. He stated that all captains report to commanders; all commanders
report to assistant chiefs; and every position is not defined as a position
which requires a certain rank.
Minutes
Regular Council Meeting
January 15, 1985
Page 10
Council Member Guerrero inquired as to what would happen if the positions
were not deleted and the two captain positions were not created, and Mr. Martin
stated that within 90 days two commanders would be appointed and that is based
on state law.
Mr. Cisneros stated that he is somewhat in agreement with what has been
said, but there were enough commanders and Chief Banner placed all the
Grandfather Clause Commanders in the position of station commanders and
appointed five new commanders.
Chief Banner stated that Mr. Cisneros' remarks were a total misstatement;
there were ten commanders when he was made Chief; he has promoted five
commanders and two assistant chiefs and each was promoted to fill an existing
vacancy; he has promoted two Hispanics, one Black, and two Anglos; and to the
position of Assistant Chief, one Hispanic and one Anglo.
Mayor Jones stated that the Council has a staff recommendation which is
opposed by the President of the Police Officers Association, who has had an
ongoing battle with the Chief for several years, and the question is who is
going to run the Police Department -- management or Ruben Cisneros.
Council Member Guerrero stated that he took exception to that remark. He
stated that it is apparent there is a conflict between Ruben Cisneros and Chief
Banner; it is not all good, but it is not all bad either; the Council should
look beyond this conflict and if the Police Department is top-heavy, then the
two positions should be deleted. He expressed the opinion that the Council
should wait the 90 days and study this further.
Mayor Jones expressed his concurrence.
Mayor Pro Tem Turner stated that there are two issues before the Council:
one, the recommendation of management that administration is top-heavy, which
was actually made by the consultant hired by the Union; and two, the Affirmative
Action Program and exactly what is being done to implement those goals. She
expressed the opinion that the addition of two captain positions does not help,
but adds to the problem.
Mr. Cisneros stated that two positions are not being added, but they are
being maintained at the captain level, and therefore, accomplishes nothing. He
stated that the problem is more than what is listed on the agenda. He stated
that he hoped the Council would be as anxious to initiate the consultants other
recommendations as they are this recommendation, but that the report by the
consultants is not complete at this time.
Mayor Jones questioned whether Mr. Cisneros' presence at the meeting was a
violation of the contract with the Police Officers Association.
Mr. Cisneros stated that he was at the meeting with permission of his
supervisor to address elected officials and he then apologized for his
appearance at the meeting.
.nutes
Regular Council Meeting
January 15, 1985
Page 11
Council Member Guerrero made a motion that item 11 be tabled for 30 days.
The motion was seconded by Council Member Mendez.
Council Member Kennedy stated that it is apparent the Police Department is
top-heavy and if there are other problems, they should be addressed in some
other way. He indicated that he would vote to take this action today.
Council Member Berlanga stated that the problems presented are very
serious; those that are anti -union will not listen to Ruben Cisneros; there are
two differences of opinions presented, i.e., the Chief can do what he wants, but
the the Union cannot. He indicated that a definite chain of command was needed
in the Police Department in order that these problems can be defined. Mr.
Berlanga stated that he agrees with delaying this action for 30 days, during
which time Ruben Cisneros and City Manager Martin should meet and clarify this
problem. He further stated that Mr. Cisneros wants equal treatment and
affirmative action in the Police Department.
Council Member Mendez stated that he also agreed with delaying this for 30
days, and he too would like to meet with Mr. Cisneros, Mr. Martin, and Chief
Banner.
Council Member McComb objected to Mr. Berlanga's remarks that other members
of the Council are anti -union and do not want to listen to Mr. Cisneros. He
stated that he does not want to table this item, and expressed the opinion that
the Council has a tendency to table items that might cause a conflict.
Council Member Slavik stated that she would like to vote on this item
today, and perhaps the Council could meet with Mr. Martin, Chief Banner, and Mr.
Cisneros. She expressed concern as to whether this type of meeting would be
legal from a collective bargaining standpoint.
Mayor Jones stated that in 1975 the voters approved collective bargaining
for Police; the law that is recognized prohibits collective bargaining in any
other fashion; the City has professionals who negotiate at the bargaining table;
and it would be a mistake for the Council to become involved in this way. He
stated that he felt it was not legal for Ruben Cisneros to be present and he
would support tabling this item.
Council Member Guerrero stated that by delaying this item 30 days, the
staff could have more time to review this, and Mr. Martin stated that he did not
need more time, but if the Council preferred, the item could be delayed.
The motion to table the item passed by the following vote: Jones,
Berlanga, Brown, Guerrero, and Mendez voting "aye"; Turner, Kennedy, McComb, and
Slavik voting "no".
* * * * * * * * * *
Mayor Jones called for consideration of the Consent Ordinances.
Minutes
Regular Council Meeting
January 15, 1985
Page 12
Mrs. Slavik referred to resolution 17, support for the Sulfur Creek.
Watershed Land Treatment Program, and stated that she supports this resolution,
but inquired as to which member of the City staff would be working on this.
Mr. Martin stated that the contact person would be Paul Werner or Doug
Matthews, but the City will not be assisting the United States Soil Conservation
Service, but will provide support of this through passage of the resolution.
Council Member Kennedy referred to ordinance 26, the change order for the
Seawall Overlook project, and stated that this has been an extended project and
inquired if the staff has sufficient information at this time or should more
borings be done.
City Manager Martin stated that when the seawall was removed it was
discovered that the sheet piling had moved or tilted towards the bay almost
three feet and further inspections have been made as a result of these findings.
He stated that as a result of the inspections no significant voids were found in
other areas except by the T -Head, but that is of no concern. He further stated
that the staff plans to construct a more portable type of overlook if additional
ones are approved for construction.
Mayor Jones stated that the seawall received a lot of punishment from
Hurricane Allen, and if there is damage there, it would be evident. He further
stated that he did not believe there was any danger of the seawall collapsing.
Council Member Kennedy stated that the staff should be sure that everything
is being done to insure that the seawall will last for many years.
Mr. Martin stated that he agrees that more testing should be done and that
the staff needs to be sure there are no more openings in the sheeting.
Mayor Pro Tem Turner inquired if this was the first time the sheeting had
been removed, and Mr. Jerry Smith, City Engineer, stated that it was. Mrs.
Turner stated that it was critical that the findings be reviewed and the City
staff should perform sound testing along the seawall.
Mr. Smith stated that this is being done; only one similar condition exists
north of the People's Street T -Head where there is an 8' to 10' opening between
the breakwater and base of the seawall.
In regard to ordinance 23, contract award to Black Brothers for the Site
Development for Acushnet, Brookdale, Overland Meadows, Parkview and Sands Park,
Mayor Pro Tem Turner stated that the City has usually awarded contracts to the
lowest bidder; a situation exists where the low bidder was found to be
unqualified to perform the work; and she would like to hear from the staff
regarding this matter.
City Manager Martin stated that a previous Council had removed the policy
for prequalifying bidders, and further stated that prequalifying is easy for the
staff but is not in the best interest of small, minority contractors who are
trying to get started in the construction business.
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Page 13
Mrs. Turner stated that the low bidder, The Lerma Company, had performed
well on some jobs and not so well on others; this bidder is capable of being
bonded; and she is concerned that the Council would be violating their policy by
awarding the contract to Black Brothers.
Council Member McComb stated that he has talked to Mr. Lerma and in this
case, there may be some justification in supporting the Lerma bid. Mr. McComb
then distributed to the Council a letter written by Mr. Lerma. Mr. McComb
further stated that The Lerma Company is bondable; F & E Erection will continue
to let Mr. Lerma bid future work, and so will the Department of Navy, all of
whom were referred to as bad references according to the staff memorandum.
Mr. McComb suggested the possibility of prequalifying bidders and Mayor
Jones stated that prequalifying bidders discriminated against minority
contractors. Mr. McComb then stated that he does not support prequalifying.
Mr. Berlanga stated that he agreed with Mrs. Turner's remarks in that there
is not enough information in the support material to reject The Lerma Company's
bid, and pointed out that Lerma's bid was $20,000 less.
Mr. Lerma then spoke and stated that once a contract is let, the contractor
must obtain a performance and payment bond, and a bonding company will research
the firm thoroughly. He further explained that his company was formed three
years ago and has expanded rapidly; the project referred to in the memorandum
was accepted at the time his company finished the project and they seemed
satisfied at that time.
Mayor Jones stated that he has difficulty in overriding the staff's
recommendation, and he believed that the staff has been fair in their
recommendation.
Council Member Mendez stated that the staff is alleging that The Lerma
Company is not qualified, and Mr. Lerma has references to the contrary, and he
feels that the contract award should go to The Lerma Company.
Mr. Lerma stated that the bond would be obtained after award of the
contract, and pointed out that his company is very selective on what projects
they bid.
Mayor Jones inquired as to why the project for the Department of Labor,
performed in Kingsville, had an overrun of 144 days, and Mr. Lerma stated that
one item that was ordered was 45 to 65 days late and explained that the plans
for the building were architectually incorrect.
City Manager Martin addressed Mr. Lerma and referred to the fact that three
or four supervisors had to be removed from the project in Kingsville and
inquired if there were any problems with the Department of Labor.
Mr. Lerma stated that he had hired a 16 -year old boy who falsely had stated
he was 18 years old, but that his company does not perform a background check on
every employee they hire.
Minutes
Regular Council Meeting
January 15, 1985
Page 14
Mr. Martin then referred to subcontractors that were used, and Mr. Lerma
stated that he had fired two subcontractors from the job.
Mr. Lerma explained that this project was performed in Kingsville for the
Department of Labor; since it was for the Federal Government, all items to be
used had to meet government standards and in one instance, he had to wait three
months for a hardware schedule to be approved. He further stated that there was
fault with the architect, but that there was also fault with his company in that
superintendents had to be removed; one, for example, because he could not speak
Spanish. Mr. Lerma continued and stated that there were a few questions
regarding the payroll and he is awaiting a court hearing on that problem.
Mr. Lerma stated that his company could do the work for the City; he feels
that his past contract jobs were done well; and if there were problems, he would
not be able to get bonded.
Mayor Pro Tem Turner inquired what the penalty was for project delays, and
Mr. Smith stated that it is $100 per day. She then inquired as to the
responsibility of paying subcontractors, and Mr. Martin stated that that is
between the general contractor and the subcontractor.
Council Member Kennedy inquired if Mr. Martin would want to change his
recommendation for contract award, in view of the additional information, and
Mr. Martin stated that he did not want to change his recommendation.
A motion was made by Council Member Kennedy that ordinance 23 be withdrawn
for two weeks in order to review the references further; seconded by Council
Member Brown and passed by the following vote: Jones, Brown, Kennedy, McComb,
and Slavik voting "aye"; Turner, Berlanga, Guerrero, and Mendez voting "no".
Referring to item 24, an energy audit at the Convention Center, Mayor Jones
stated that he has noticed the Convention Center is very hot in certain areas
and inquired if this audit would alleviate this problem.
Assistant City Manager Bill Hennings stated that this is an energy
conservation program only, and Mayor Jones expressed the opinion that this is a
management problem in that it should be determined at what time the
airconditioner should be activated; i.e., the solution is to anticipate the
estimated crowd and set the thermostat in advance accordingly.
Council Member McComb expressed the opinion that possibly the architecture
of the building was wrong and Mr. Martin stated that the design of the building
is not wrong, it just has a high electric cost.
Mayor Pro Tem Turner suggested a preventive energy conservation program,
and Mayor Jones stated that an additional study on the problem should be
developed.
City Manager Martin stated that the Convention Center was not specifically
designed for energy conservation and that the architect is not to be blamed, but
the efficiency of the equipment at the Center is being studied. He pointed out
that the new City Hall and the Library will be designed for energy efficiency.
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Page 15
Council Member Slavik stated that the study being commissioned will result
in recommendations for possibly some new equipment.
Mr. Martin stated that the issue is one of a payback -- can operating costs
be saved by expending capital?
Mrs. Slavik referred to ordinance 25, and inquired as to the procedure used
for selecting the architect for the Padre Island Public Safety Building.
Mr. Martin stated that a set of criteria is developed for the particular
job; architects are asked to comment on the criteria; a selection committee is
formed, usually consisting of staff members. He stated that the process is very
similar to hiring an employee in that the committee reviews the architects'
experience, their ability to perform the job, and a presentation is made.
Mayor Jones called for comments from the audience on the Consent Ordinances
and there was no response.
Acting City Secretary Zahn polled the Council for their votes on Ordinances
17 through 39, with the exception of Ordinance 23 which was withdrawn, and the
following ordinances were passed:
17. RESOLUTION NO. 18638
SUPPORTING THE SULPHUR CREEK WATERSHED LAND TREATMENT PROGRAM AND AGREEING TO
ACT AS A COSPONSOR ALONG WITH LIVE OAK, BEE, AND KARNES-GOLIAD SOIL AND WATER
CONSERVATION DISTRICTS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing resolution passed by the
following vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik
voting "aye"; Turner and Guerrero absent at the time the vote was taken.
18. ORDINANCE NO. 18639
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCELS 8, 9, 12, 14 AND 15 IN CONNECTION WITH THE PURDUE ROAD STREET
IMPROVEMENTS, PHASE II PROJECT; APPROPRIATING $4,055; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik
voting "aye"; Turner and Guerrero absent at the time the vote was taken.
19. ORDINANCE 18640
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO
PARCELS 34-37 FOR THE NAVY CLEAR ZONES -NAS PROJECT AND TO ACQUIRE SAID PARCEL
FROM THE OWNER, WILLIAM P. RIDDICK; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik
voting "aye"; Turner and Guerrero absent at the time the vote was taken.
Minutes
Regular Council Meeting
January 15, 1985
Page 16
20. ORDINANCE NO. 18641
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TRISTAR DEVELOPMENT, INC.,
PROVIDING FOR CITY PARTICIPATION IN PAVING IMPROVEMFNTS ON EVERHART ROAD AND
YORKTOWN BOULEVARD; APPROPRIATING $76,521.19; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik
voting "aye"; Turner and Guerrero absent at the time the vote was taken.
21. ORDINANCE NO. 18642
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO COASTAL LEASE 84-006 FROM THE
SCHOOL LAND BOARD FOR 12.95 ACRES ALONG CORPUS CHRISTI BEACH; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik
voting "aye"; Turner and Guerrero absent at the time the vote was taken.
22. ORDINANCE NO. 18643
APPROPRIATING $86,323.84 FOR BRIDGE CONSTRUCTION ACROSS THE MAYFIELD-STARLITE
DRAINAGE CHANNEL; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik
voting "aye"; Turner and Guerrero absent at the time the vote was taken.
23. WITHDRAWN
24. ORDINANCE NO. 18644
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FERNANDEZ TECHNOLOGY, INC.
PROVIDING FOR AN ENERGY AUDIT NECESSARY TO DEVELOP AN ENERGY MANAGEMENT SYSTEM
FOR THE CONVENTION CENTER; APPROPRIATING $22,500; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik
voting "aye"; Turner and Guerrero absent at the time the vote was taken.
25. ORDINANCE NO. 18645
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ROOTS/FOSTER ASSOCIATES, INC.,
PROVIDING FOR ARCHITECTURAL, STRUCTURAL, MECHANICAL, ELECTRICAL, CIVIL AND
RELATED SERVICES NECESSARY TO DEVELOP DESIGN PLANS AND SPECIFICATIONS FOR AND
GENERAL ADMINISTRATION OF CONSTRUCTION OF THE PADRE ISLAND PUBLIC SAFETY
BUILDING; APPROPRIATING $27,000; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik
voting "aye"; Turner and Guerrero absent at the time the vote was taken.
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Page 17
26. ORDINANCE NO. 18646
APPROPRIATING $65,000 FROM THE REINVESTMENT ZONE NO. 1 FOR CHANGE ORDER NO. 3
PROVIDING FOR INCREASED LATERAL STABILITY OF THE SEAWALL OVERLOOK AND STRUCTURAL
MODIFICATIONS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik
voting "aye"; Turner and Guerrero absent at the time the vote was taken.
27. ORDINANCE NO. 18647
AMENDING CHAPTER 9, AVIATION, SECTION 9-35.1, PARKING RATES, BY INCREASING THE
LONG TERM MAXIMUM 24-HOUR PARKING RATE FROM $3.50 TO $4.00 AT THE CORPUS CHRISTI
INTERNATIONAL AIRPORT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik
voting "aye"; Turner and Guerrero absent at the time the vote was taken.
28. ORDINANCE NO. 18648
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CODE, DEVELOPMENT COMPANY BY
CHANGING THE ZONING MAP IN REFERENCE TO LOT 50, NUECES GARDENS SUBDIVISION, FROM
"R -1B" ONE -FAMILY DWELLING DISTRICT TO "R -1C" ONE -FAMILY DWELLING DISTRICT; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Brown, Kennedy, McComb, and Mendez voting
"aye"; Slavik voting "no"; Turner and Guerrero absent at the time the vote was
taken.
29. ORDINANCE NO. 18649
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF TIM CLOWER BY CHANGING THE
ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 1, SECTION 5, BOHEMIAN COLONY
LANDS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik
voting "aye"; Turner and Guerrero absent at the time the vote was taken.
30. ORDINANCE NO. 18650
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF FRED GALINDO BY GRANTING A
SPECIAL COUNCIL PERMIT FOR "AB" PROFESSIONAL OFFICE USES, LIMITING A MEDICAL
OFFICE BUILDING TO 2,800 SQUARE FEET IN AREA OR A NON-MEDICAL OFFICE BUILDING TO
3,500 SQUARE FEET IN AREA, ON LOT 10, BLOCK 3, ARCADIA SUBDIVISION; AND
DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
January 15, 1985
Page 18
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik
voting "aye"; Turner and Guerrero absent at the time the vote was taken.
31. SECOND READING
AN ORDINANCE DETERMINING THAT THE PRESENT FUEL FACTOR OF CENTRAL POWER AND LIGHT
COMPANY SET BY THE PUBLIC UTILITY COMMISSION OF TEXAS IS UNREASONABLE AND
DETERMINING A JUST AND REASONABLE INTERIM FUEL FACTOR TO BE CHARGED BY CENTRAL
POWER AND LIGHT COMPANY WITHIN THE CORPORATE LIMITS; PROVIDING FOR SEVERABILITY
AND REPEAL OF CONFLICTING ORDINANCES.
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez,
and Slavik voting "aye"; Turner and Guerrero absent at the time the vote was
taken.
32. SECOND READING
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE
CITY OF CORPUS CHRISTI AND GENE GRAHAM AND LYNN NOACK FOR THE ANNEXATION OF
APPROXIMATELY 60.11 ACRES OF LAND BEING BLOCKS 1 AND 2, PADRE ISLAND -CORPUS
CHRISTI, SECTION 18, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE
ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI,
TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY.
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez,
and Slavik voting "aye"; Turner and Guerrero absent at the time the vote was
taken.
33. SECOND READING
AMENDING THE FLOOD HAZARD PREVENTION CODE TO PROVIDE CORRECTIVE REVISIONS
NECESSARY FOR COMPLIANCE WITH THE NATIONAL FLOOD INSURANCE PROGRAM REGULATIONS.
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez,
and Slavik voting "aye"; Turner and Guerrero absent at the time the vote was
taken.
34. SECOND READING
CONSENTING TO THE ASSIGNMENT OF THE L -HEAD BAITSTAND LEASE FROM RUBEN V. LARA TO
STEWART PLATIS AND DIMITRIOS GOUZIOTIS.
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez,
and Slavik voting "aye"; Turner and Guerrero absent at the time the vote was
taken.
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35. ORDINANCE NO. 18651
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.
The foregoing ordinance was read for the third time and passed by the following
vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik voting "aye";
Turner and Guerrero absent at the time the vote was taken.
36. ORDINANCE NO. 18652
AMENDING 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 third time and passed by the following
vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik voting "aye";
Turner and Guerrero absent at the time the vote was taken.
37. ORDINANCE NO. 18653
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 third time and passed by the following
vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik voting "aye";
Turner and Guerrero absent at the time the vote was taken.
38. ORDINANCE NO. 18654
AUTHORIZING THE EXECUTION OF A CONSENT TO THE ASSIGNMENT OF THE FARM LEASE WITH
BENNIE GALLAGHER TO THE KLOSTERMANN FARMS.
The foregoing ordinance was read for the third time and passed by the following
vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik voting "aye";
Turner and Guerrero absent at the time the vote was taken.
39. ORDINANCE NO. 18655
AMENDING PARAGRAPH XV OF THE AGREEMENT TO CONTRACT DATED SEPTEMBER 29, 1981,
APPROVED BY ORDINANCE NO. 16542 ON SEPTEMBER 23, 1981, BETWEEN THE CITY OF
CORPUS CHRISTI AND THE CORPUS CHRISTI AQUARIUM ASSOCIATION TO EXTEND THE TIME
FOR THE TERMINATION OF THE AGREEMENT TO CONTRACT AN ADDITIONAL 18 MONTHS.
The foregoing ordinance was read for the third time and passed by the following
vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik voting "aye";
Turner and Guerrero absent at the time the vote was taken.
* * * * * * * * * *
Minutes
Regular Council Meeting
January 15, 1985
Page 20
Mayor Jones called for consideration of the resolution urging passage of
State legislation regarding "Happy Hour" and determined that no one in the
audience wished to address this subject.
Mayor Jones stated that this resolution is a recommendation from the
Transportation Advisory Board, and he supports this resolution.
There were no comments from the Council on this Resolution; Acting City
Secretary Zahn polled the Council for their vote on the resolution; and it
passed as follows:
40. RESOLUTION NO. 18656
SUPPORTING LEGISLATION WHICH PROHIBITS OR RESTRICTS "HAPPY HOURS"; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing resolution passed by the
following vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik
voting "aye"; Turner and Guerrero absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Jones announced the public hearing on the following item:
41. STREET CLOSING - Ennis Joslin Road between McArdle Road and South Padre
Island Drive.
City Manager Martin stated that this closure is needed for the extension of
South Padre Island Drive.
Assistant City Manager Lontos displayed a transparency of the area and
stated that the Master Plan requires the road to be relocated 1000 feet to the
east; this needs to be done in order to have off and on ramps; and if this road
is not relocated, there would not be an exit off the expressway to Ennis Joslin
Road; therefore, Nile Drive would become a major thoroughfare. He further
stated that the closing would not become effective until after the new road has
been opened.
Council Member Kennedy inquired if the old road would be completely
destroyed, and Mr. Lontos stated that it would and top soil would be placed on
the old road.
Discussion followed on the cost of the road to the City and Mr. Lontos
informed the Council that the street constructed would be 24' wide; a force main
needs to be relocated; the total cost would be approximately $30,000 to $60,000,
with street construction costing $6.00 to $10.00 per square yard.
Mayor Jones instructed the staff to notify the owner of the fruitstand on
the corner of Ennis Joslin Road and S. Padre Island Drive of the plans for this
area.
Mayor Jones called for comments from the audience and there was no
-esponse.
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Page 21
A motion was made by Council Member Kennedy that the hearing be closed,
seconded by Mayor Pro Tem Turner and passed unanimously.
Acting City Secretary Zahn stated that the first reading of the ordinance
effecting the street closing will be on the agenda next week.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the following recessed zoning
case:
42. RECESSED
Application No. 1284-1 Mr. Wayne Lundquist, Jr., Trustee: For a change in
zoning from "A-1" Apartment House District to "B-3" Business District on
Lot 1, Block 14, and all of Lot 1, Block 15, Brighton Village Unit 2,
located on both sides of Downing Street, on the west side of Airline Road.
Assistant City Manager Utter stated that 30 notices of the hearing were
mailed and 6 in favor and 6 in opposition were returned; the Planning Commission
recommends denial, and in lieu thereof that the northern tract be zoned "B-3"
Business District and the southern tract be zoned "B -I" Neighborhood Business
District on the front 300 feet adjacent to Airline Road, with the remainder
zoned "AB" Professional Office District; and the staff recommends denial.
Mr. Larry Wenger, Director of Planning, displayed a transparency of the
area, showed slides of the area, and described the land use in the surrounding
area.
Mr. Wenger stated that the staff's concern was "B-3" zoning adjacent to a
residential subdivision; they felt there was adequate business zoning in the
area; and the staff was also concerned about the additional traffic that would
be generated.
Council Member McComb inquired about the differences among the business
zoning classifications and Mr. Wenger stated that residential structures were
allowed in "B-4", not in "B-3" and "B-1" zoning would not allow bars, but would
allow apartments.
Mayor Pro Tem Turner inquired if there were any objections to "A-1" zoning,
and Mr. Wenger stated that it was zoned "A -l" before the subdivision, Brighton
Village Unit 2, was developed.
Mayor Jones called for comments from the audience.
Mr. Johnny Cotten, agent for Mr. Lundquist, stated that he had met twice
with the Brighton Village Homeowners Association and they had indicated that
they objected to apartments on the subject property. He stated that a
compromise was reached, that being the first 300' to be zoned "B-1" and the
remainder being zoned "AB". He pointed out that an 80 -foot drainage ditch is in
front of the property to be zoned "AB" and would act as a buffer; he wants to be
Minutes
Regular Council Meeting
January 15, 1985
Page 22
compatible with the surrounding zoning, but also have flexibility; and there are
no current plans to build on the property. He stated that the Association
agreed with this, except they wanted "B-1" zoning on the northern portion of the
tract that abuts the homes.
Council Member Slavik stated that there seemed to be sufficient business
zoning in the area and asked how this property fits into the Master Plan.
Mr. Wenger stated that the Master Plan has not been finalized as far as
details are concerned; the staff felt there was sufficient zoning in the area;
and the current zoning of "A-1" serves as a buffer between the subdivision and
the business area.
Council Member Kennedy stated that he has no problem with "AB" zoning on
the southern tract, but questioned "B-1" zoning on Saratoga and "B-3" zoning
abutting the homes.
Mr. Cotten stated that the applicant did want to be a good neighbor, but a
precedent for business zoning has been set in the area; the applicant could have
asked for "B-4" zoning, but they were trying to be good neighbors by arriving at
a compromise and still have flexibility. He indicated that some type of
building would have to be constructed there in the future and "B-3" zoning gives
this property flexibility. He reiterated that the Association does not want
apartments built, and "B-3" zoning eliminates apartments.
Council Member Kennedy stated that when the owners bought their homes they
knew the adjacent property was zoned for apartments.
Council Member McComb inquired of Mr. Cotten if they would accept "B-1"
instead of "B-3" with a special permit not to allow apartments, and Mr. Cotten
stated that Charter Street is a 42' wide street, therefore, it could handle the
traffic.
Council Member Guerrero made a motion to accept the Planning Commission's
recommendation.
Mayor Jones called for comments from the audience.
Mr. Jerry Davis, 3102 Royal Court, stated that he agrees with "B-1" zoning
for the southern tract and "AB" zoning adjacent to the homes; there are deed
restrictions against apartments, and deed restrictions to require 10 feet of
professional landscaping as a buffer; but, he is concerned about the northern
tract being zoned "B-3". He stated that "B-3" zoning has no height
restrictions; is limited to ingress and egress; and the tract to the north of
the proposed "B-3" is currently zoned "B-1". He then asked the Council to
approve "B-1" zoning as opposed to "B-3".
Mr. Wayne Lundquist, the applicant, 239 Circle Drive, stated that even
though the area of land not under consideration today is zoned "B-1", he thinks
it is logical to have "B-3" zoning on the northern tract because of the depth of
the property. He stated that the owner of the property currently zoned "B-1"
will probably request zoning of "B-4" in the future.
mules
.egular Council Meeting
January 15, 1985
Page 23
Mayor Jones stated
with "B-1" zoning on the
not acceptable to him.
Mr. Cotten pointed
restrictions requiring a
that Mr. Davis and the Neighborhood Association agree
northern tract, and Mr. Lundquist stated that this is
out on the map the tract of land that carries deed
buffer for landscaping.
Mayor Jones stated that deed restrictions cannot be enforced by the City.
Council Member Guerrero stated that he approved of the request for "B-3"
zoning.
Mrs. Slavik inquired if the staff approved of "B-1" zoning in the area, and
Mr. Wenger stated that the staff recommends "B-1" as opposed to "B-3", but still
recommends "A-1" because it provides a buffer between the homes and the
businesses.
Council Member Guerrero stated that the owner does not want "B-1" zoning on
the northern tract; therefore, either the Council votes in accordance with his
motion made earlier or they deny this application.
Mayor Jones inquired if the Council could change the zoning even though the
applicant does not accept it, and Mr. Utter stated that the zoning could not be
lowered but, "B-1" zoning does fall between "A -I" and "B-3".
A motion was made by Council Member Guerrero that the hearing be closed,
seconded by Council Member Kennedy and passed unanimously.
Acting City Secretary Zahn polled the Council for their vote to effect the
zoning change and it passed as follows:
ORDINANCE NO. 18657
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF WAYNE LUNDQUIST, JR., TRUSTEE,
BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 1, BLOCK 14, AND
ALL OF LOT 1, BLOCK 15, BRIGHTON VILLAGE UNIT 2, FROM "A-1" APARTMENT HOUSE
DISTRICT TO "B-3" BUSINESS DISTRICT ON TRACT 1, "B-1" NEIGHBORHOOD BUSINESS
DISTRICT ON TRACT 2, AND "AB" PROFESSIONAL OFFICE DISTRICT ON TRACT 3; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Turner, Berlanga, Brown, Guerrero, and Mendez voting "aye";
Jones, Kennedy, McComb, and Slavik voting "no".
* * * * * * * * * * * * *
Mayor Jones called for consideration of the following tabled item:
Minutes
Regular Council Meeting
January 15, 1985
Page 24
43. Application No. 1284-9T, Riverside Investors: Amendment to the Zoning
Ordinance To Amend Article 31, Newly Annexed Territory, by amending
Section 31-5 by adding thereto one new subsection to be numbered 31-5.79
setting forth a zoning classification of "B-4" General Business District on
a described tract of land when annexed to the City of Corpus Christi,
Texas, being 4.383± acres out of Annex No. 1 to the Nueces River Irrigation
Park, located approximately 300' north of F.M. 624 and 870' east of County
Road 69.
A motion was made by Council Member Guerrero, seconded by Council Member
Brown and passed unanimously, that this item be removed from the table.
Mr. Utter stated that this is a prezoning application and of the notices
mailed, one was returned in favor and none were returned in opposition. He
stated that the Council heard this application on January 8, 1985 and had
requested that 1.12 acres be zoned "B-1" and the remainder of the tract be zoned
"AB." He stated that this ordinance is now before the Council.
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 the Planning Commission had recommended denial of "B-4", and in lieu
thereof that "B-1"'Neighborhood Business District be approved, and the Staff had
recommended denial.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Brown and passed unanimously.
Council Member Slavik inquired if the staff objected to "B-1" zoning for
the entire tract, and Mr. Utter stated that the staff would object to this
because it is an intrusion into the neighborhood; if there is going to be a
zoning change, "AB" is acceptable; the staff has no objection to "B-1" zoning
for the property fronting River Canyon Drive and "AB" zoning on FM 624.
An unidentified gentleman from the audience stated that this was agreeable
to him.
Acting City Secretary Zahn polled the Council for their vote on the
ordinance effecting the zoning change and it passed as follows:
ORDINANCE NO. 18658
AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY,
BY ADDING TO SECTION 31-5 SUBSECTION, 31-5.79, SETTING FORTH ZONING
CLASSIFICATION OF SAID AREA OF LAND DESCRIBED AS A PORTION OUT OF ANNEX NO. 1 TO
THE NUECES RIVER IRRIGATION PARK; 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".
.nutes
Regular Council Meeting
January 15, 1985
Page 25
Mayor Jones called for consideration of the following recessed hearing:
44. Application No. 1284-10 Healthcare International, Inc.: For a change in
zoning from "F -R" Farm Rural to "AB" Professional Office District being
20.0± acres out of Lot 20, Section 19, Flour Bluff and Encinal Farm and
Garden Tracts, located on the south side of Wooldridge Road, approximately
1,280' east of Airline Road.
Mayor Pro Tem Turner disqualified herself from discussion of this
application.
Mr. Utter stated that ten notices of the hearing were mailed; three were
returned in favor, two in opposition, and a petition was received in opposition
containing 38 signatures.
Mr. Utter stated that the Planning Commission recommends denial of "AB",
and in lieu thereof that a special permit be approved for a psychiatric hospital
for young adults and doctors' offices in accordance with the site plan
submitted, and the Staff recommends denial. He informed the Council that the
applicant, agent, and the Wooldridge Creek Neighborhood Association had met, but
the staff did not know what occurred at that meeting.
Mr. Lee Simpson, 8920 Business Park Drive, Austin, representing Healthcare
International, stated that Healthcare Int., plans to build a 68 bed children and
young adult psychiatric hospital; it is a short term facility; the length of
stay for each patient would range from 14 to 45 days; the facility will have a
school accredited by the Texas Education Association; and will also include a
pool, gymnasium, athletic facility, football field and softball field. He
stated that the facility is designed for a residential setting.
Mayor Jones inquired if there were any plans for a screening fence, and Mr.
Simpson stated that there were no plans for this; they feel that patients are
best supervised by staff personnel.
Council Member Berlanga stated that Mr. Simpson had met with the
neighborhood association and inquired as to the outcome of this meeting.
Mr. Simpson stated that he did meet with the association; they wanted to
know more about the facility and what type of patients would be treated; and
they were concerned about what would happen to the area surrounding the
facility.
Council Member Berlanga inquired if Mr. Simpson could assure the residents
that a screening fence is not necessary; Mr. Simpson stated that he would like
to assure the residents of this; they are not opposed to a fence; but would
prefer not to have one.
Council Member McComb inquired if the staff was concerned about the impact
of the traffic that would be generated, and Mr. Wenger stated that the staff's
concern was the final zoning of the vacant tracts on either side of the
hospital.
Minutes
Regular Council Meeting
January 15, 1985
Page 26
Mr. Gene Urban, the agent for Healthcare International, stated that the
traffic generated by this hospital would be less than that of a residential
neighborhood.
Council Member Brown inquired if a happy medium had been reached at the
meeting between the applicant and the neighbors, indicating that oftentimes
problems are just a misunderstanding.
Council Member Slavik stated that Dr. Coward, the abutting property owner,
has plans to request commercial zoning for his land, and she would prefer that
the facility be built on property already zoned "AB", as the residential
character of this neighborhood would be lost.
Council Member Kennedy inquired how many facilities similar to this one
Healthcare International has, and if there have been any problems, and Mr.
Simpson stated they have facilities in Charleston, South Carolina; Virginia;
Dallas; Houston; Colorado Springs; and one in Hawaii. He stated that these
facilities are located in residential areas, except the one in South Carolina,
which is located in a rural area, and there have been no problems with these
facilities.
Council Member Guerrero stated that the Council had denied zoning
previously for a similar operation, and he felt that that was wrong; this
facility will create less traffic than a similar operation; and he feels
strongly that the City needs a facility of this type.
Council Member Slavik inquired if there was another piece of property of
this size that could be used.
Mayor Jones called for comments from the audience.
Ms. Lisa Mihallich, 6349 Kristin Drive, stated that the subdivision she
resides in faces this proposed facility. She also informed the Council that Mr.
Simpson did not meet with the neighbors in her subdivision; she commends
Healthcare Int. for their efforts to bring this type of facility to Corpus
Christi, but she is opposed to further business development.
Ms. Diana Mareth, 6642 Theda, stated that she attended the meeting held by
the applicant and was very impressed with the type of facility they will build.
She stated that this will be beneficial to Corpus Christi, but not at this
location. She stated that one, commercial zoning should be separated from
non—business zoning; two, the roads in the vicinity cannot handle additional
traffic; and three, there are other areas in the City that are zoned for this
type of use. She urged the Council not to approve this zoning change, and she
distributed photographs of the traffic problems and construction projects that
currently exist in the area.
Ms. Sandra Naylor, 10208 Ocean Drive, read a letter from a representative
of the Church of the Latter Day Saints in which they expressed their opposition
to rezoning this property to commercial. Ms. Naylor stated that although she
knows very little about real estate, she called realtors during the week in
regard to this facility and ascertained that all of them expressed the opinion
.nutes
Regular Council Meeting
January 15, 1985
Page 27
that they were not sure whether it would be possible to sell residential
structures next to the proposed facility. She stated that she and her family
attend services at the church and she feels uneasy about having disturbed
children across from the church. Ms. Naylor also informed the Council that the
realtors she had contacted all stated that they have alternate property that
they would like to sell to this applicant. She pointed out that this facility
could be located on property that is already zoned "AB".
Mr. Charles Busby, 6902 Roseland Drive, stated that he is opposed to "AB"
zoning or a special permit. He indicated that if a psychiatric hospital is
built, the property on either side will not be residential because people would
not want to live next door to such a hospital.
Mr. Asensio Gonzales, 4538 Yolanda, stated that he is a member of the
Church and the Church is opposed to the location of the facility. He stated
that he is familiar with the area near the State School and the residents do
have problems with children jumping the fence and going into their yards. He
stated that the Church wanted to build in a residential area and they would like
for the area to remain residential.
Ms. Irma Sanchez, 2033 Shawn, stated that she is opposed to the zoning
change; she bought in this neighborhood because she wanted an area that would be
safe for her children; she had conducted a phone survey and the people she
talked to said that they would not consider buying a home next to a psychiatric
hospital under any circumstances.
Ms. Ida Miller, 4101 Brett, stated that she did not oppose the facility,
but she did not want it at this location. She stated that she wanted the area
to remain residential.
Mr. Emilo Sanchez, 2033 Shawn, speaking on behalf of the people in the
neighborhood, referred to the domino effect this zoning change would have in the
vicinity, and stated he was opposed to this zoning change. He alleged that a
previous Council had approved zoning for the State School, which now has no
residential structures in close proximity.
Mayor Jones inquired if there was in
property, and Mr. Wenger stated that the
before the State School was built.
Council Member Slavik referred to the
zoning change request for "AB" directly
confirmed this and stated that the request
offices.
fact a rezoning on the State School
property was already zoned properly
fact that the Council had rejected a
across the street, and Mr. Wenger
was from "F -R" to "AB" for doctors'
Ms. Gretchen Jaska, 6829 Roseland, stated that she had seen the slides of
the facility at the presentation and had been very impressed, but she is
concerned that if this area is zoned commercial, the surrounding area will also
be rezoned commercial. She then presented a petition that had been presented to
the Planning Commission containing 38 signatures, and a more recent petition
containing 68 signatures, signed by residents of Windsong and Windbrook
Subdivision, and members of the Church of Latter Day Saints.
Minutes
Regular Council Meeting
January 15, 1985
Page 28
Mr. Matt Jaska, 6829 Roseland, expressed opposition and stated that more
traffic would be generated if this zoning change is approved, and he is also
opposed to future commercial zoning to the north and east of this area.
Ms. Geraldine Johnson, an employee for the Corpus Christi Independent
School District, stated that this type of facility would be more beneficial if
it were to be built in a centralized location. She stated that she does not
oppose the facility, but the location proposed has heavy traffic and this would
only worsen the existing problem.
Mr. Horace Combest, 2410 Windsong, stated that he is opposed to the
location of the school as this will set a precedent for future commercial uses.
He expressed the opinion that he would prefer the area to remain residential.
Mr. T. J. Naylor, 10208 Ocean Drive, stated that his concern was that the
area was going to be zoned commercial, thus setting a precedent. He expressed
concern that Council Member Leo Guerrero had spoken at the Planning Commission
meeting. He stated that if a Council Member cannot be impartial in reference to
a zoning case, then that Council Member should not vote; and if anyone has a
personal interest, they should admit that interest and not vote. He stated that
he is pleased with the comments that have been made and the efforts the Council
has made.
Council Member Guerrero stated that he does have a personal interest in
this zoning; it is not a monetary interest; and he will not remove himself from
the case. He informed Mr. Naylor that he has obtained a legal opinion from the
City's Legal Department regarding his involvement in this case. He stated that
he will not be intimidated by anyone; sometimes people are not aware of what is
best for them; and he expressed the opinion that it is easy for an individual to
say they like the facility, but not next to their property. He stated that the
needs of the community need to be considered, not just one neighborhood.
Mayor Jones stated that a legal opinion has been rendered which states that
Council Member Guerrero's appearance before the Planning Commission was not a
violation; Mr. Guerrero had stated his opinion as a citizen; he has no monetary
interest in this; and he had the right to appear. He stated that every member
of the Council needs to make a decision as to what is best for this community.
Council Member Slavik then requested that the entire Council be provided a
copy of the opinion rendered by the Legal Department.
Mr. Kent Davis, 6634 Wood Duck, stated that he was very impressed with the
presentation made by Mr. Simpson; he had discussed this with the members of the
church; they were not opposed to this type of facility, but were concerned about
the effect this would have on the surrounding area. He stated that they would
like to have some type of assurance that the vacant land adjoining this property
would not have commercial zoning in the future.
Council Member Kennedy stated that this type of facility belongs in a
residential area, and he would support zoning of "R -1B" on both sides of this
facility.
_nutes
Regular Council Meeting
January 15, 1985
Page 29
Dr. Byron Coward, the owner of the vacant land in the surrounding area,
commended the Council for their efforts regarding this case, and stated that he
is in favor of the zoning change.
Mayor Jones asked what Dr. Coward's future intentions were, and Dr. Coward
stated that he has no plans at this time.
Council Member McComb inquired if Dr. Coward would consider changing the
zoning on his property from "FR" to "R -1B", and after a lengthy discussion, Dr.
Coward stated that he could not commit himself to any type of zoning at this
point in time.
Council Member Mendez stated that this type of facility needs to be in a
residential area, and if a zoning request for "R -1B" was proposed for Dr.
Coward's property, he would support it. Council Member Guerrero agreed with Mr.
Mendez' remarks.
Council Member Slavik indicated that if this is approved, Dr. Coward's
property would probably never be developed as residential, as public perception
sells real estate.
Mr. John Cram, 6329 St. Andrews, stated that he owns five acres next to the
church, and expressed his opposition to the change in zoning.
There were no further comments from the audience on this zoning case.
A motion was made by Council Member Guerrero that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
A motion was made by Council Member Guerrero to accept the recommendation
of the Planning Commission in accordance with the site plan submitted.
Mr. Utter stated that the staff had recommended denial of this application
because of the precedent it would set; this type of facility is not incompatible
with a residential area; it is apparent that the Council would want Wooldridge
Road to remain residential, and if this is the case, then the staff would have
no objection to granting a special permit. He informed the Council that future
cases would be presented on the vacant land, and the staff does object to
further commercial activities on Wooldridge.
Council Member Slavik stated that the City needs a comprehensive master
plan for zoning, and stated that the Council is supporting spot zoning on this
particular zoning application. She stated that she will vote against this
zoning change, not because it is for a psychiatric hospital, but because it is
"AB" zoning.
Mayor Jones stated that he will support the special permit, and if a
request for commercial zoning in the surrounding area is brought to the Council,
he would not support it.
Minutes
Regular Council Meeting
January 15, 1985
Page 30
Acting City Secretary Zahn polled the Council for their vote on the
ordinance effecting the zoning change and it passed as follows:
ORDINANCE NO. 18659
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF HEALTHCARE INTERNATIONAL,
INC., BY GRANTING A SPECIAL COUNCIL PERMIT FOR A PSYCHIATRIC HOSPITAL FOR YOUNG
ADULTS AND DOCTOR OFFICES ON LOT 20, SECTION 19, FLOUR BLUFF AND ENCINAL FARM
AND GARDEN TRACTS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, and Mendez
voting "aye"; Slavik voting "no"; Turner having disqualified herself.
Council Member Guerrero inquired of Mr. Simpson if he had ever contacted
him in regard to this zoning case, and Mr. Simpson stated that Mr. Guerrero had
never contacted him; Council Member Guerrero then inquired of Mr. Urban if he
had ever contacted him in regard to this zoning case, and Mr. Urban indicated
that he had not.
* * * * * * * * * * * * *
City Manager Martin inquired if the Council waned a meeting of the Housing
Finance Corporation scheduled next week, and it was the consensus of the Council
that there would not be a meeting of the Housing Finance Corporation.
* * * * * * * * * * * * *
Mayor Jones called for petitions or information from the audience on
matters not scheduled on the agenda.
Mrs. William Boeker, 215 Lola Johnson, stated that Mr. Jerry Hamilton, who
owns property adjacent to her property, is fencing the road easement and if this
happens, she will not have access to her property. Mrs. Boeker then provided
the Council with a map of the property in question.
Mayor Jones instructed the staff to report to the Council on this matter.
Mr. Joe Gardner, Bayfront Associates, stated that the alternative site
analysis relating to the Landmass has been completed by the firm Laventhol and
Horwith, and his firm has requested a timetable from the Corps of Engineers
which will be received within six or seven days. He stated that the findings of
the analysis were that the site for Paseo del Mar would only be practical at its
proposed location on the Landmass.
inutes
Regular Council Meeting
January 15, 1985
Page 31
Council Member Mendez requested that the City sponsor and support the
Hispanic Festival on June 15 and 16, and Mr. Utter stated that this will be
considered by the Park and Recreation Board.
Acting City Secretary Zahn reminded the Council of the Texas Municipal
League meeting in Sinton, on Thursday, January 17, 1985.
There being no further business to come before the Council, on motion by
Mayor Pro Tem Turner, seconded by Council Member Kennedy, and passed
unanimously, the meeting was adjourned at 7:46 p.m., January 15, 1985.
/tkd
* * * * * * * * * * * * * *