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HomeMy WebLinkAboutMinutes City Council - 02/19/1985MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 19, 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 Welder Brown in the absence of the invited minister, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Mary Pat Slavik. 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 called for consideration of the Minutes of the Regular Council Meeting of February 12, 1985. Council Member Mary Pat Slavik stated that she had some corrections to make to the Minutes and referred to page 13, 7th paragraph, noting that the sentence should read that Mrs. Slavik withdrew her second to the motion, and that on page 14, 3rd paragraph, where it read that the maps have been brought up-to-date and the procedure has been changed so that only one person is not responsible for the issuance of permits, that the word "not" he eliminated. (It was later ascertained that to delete the word "not" would be wrong as it would change the entire meaning of the statement made.) MICROFILMED Minutes Regular Council Meeting February 19, 1985 Page 2 A motion was made by Council Member Mendez that the Minutes be approved as corrected, seconded by Council Member Slavik and passed unanimously. Mayor Jones presented Mrs. Roy M. Hurt with a memorial plaque honoring Mr. Roy M. Hurt, a 36 -year employee of the City of Corpus Christi Gas Department. He then read a resolution recognizing Mr. Hurt's outstanding performance as Assistant Gas Superintendent for the City's Gas Division, acknowledging his accomplishments as a professional engineer, and extending the Council's deepest sympathy and expressing its gratitude to the family of Roy Hurt. A motion was made by Mayor Pro Tem Turner that the resolution be adopted, seconded by Council Member Kennedy, and passed unanimously. RESOLUTION NO. 18706: THAT ROY HURT SHOULD BE AND IS HEREBY RECOGNIZED FOR HIS OUTSTANDING PERFORMANCE AS ASSISTANT GAS SUPERINTENDENT FOR THE CITY'S GAS DIVISION FOR A PERIOD SPANNING ALMOST 37 YEARS AND THAT THE COUNCIL EXTENDS ITS DEEPEST SYMPATHY TO THE FAMILY OF ROY HURT AND EXPRESSES ITS GRATITUDE TO HIS FAMILY MEMBERS FOR SHARING HIM WITH ALL THE CITIZENS OF THIS COMMUNITY. The Charter Rule was suspended and the foregoing resolution passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". Mayor Jones then presented the resolution to Mrs. Roy M. Hurt. Mayor Jones administered the oath to the following newly appointed members to Boards and Commissions: Mrs. Martha Thielhorn, Food Services Advisory Council; and Mrs. Mina Medina, Sr. Community Services Advisory Board. * * * * * * * * Mayor Jones called for consideration of the following Consent Motions: 1. Bids be received on March 12, 1985, for an oil and gas lease for the City's mineral interest in six lots comprising one acre in the Flour Bluff Park Subdivision. 2. Approval of specifications and authorization to receive bids March 13, 1985, for two (2) polyethylene pipe fusion machines and accessory tools for the Gas Division. This item is included in the 1984-85 Capital Outlay Budget with an estimated expenditure of $11,540. nutes pular Council Meeting February 19, 1985 Page 3 3. Approval of specifications and authorization to receive bids March 13, 1985, for a brush chipper for the Park Division. Estimated expenditure is $14,000. This item is included in the 1984-F5 Revenue Sharing program. 4. Approval of specifications and authorization to receive bids March 13, 1985, for two replacement 5 yd. dump bodies for the Wastewater Division. Funds are included in the 1984-85 Capital Outlay Budget with an estimated expenditure of $8,000. 5. Approval of specifications and authorization to receive bids March 20, 1985, for one quintuplet rear mounted ladder truck with 1250 GPM fire pump. This item is included in the 1984-85 Revenue Sharing Budget at $280,000. Council Member Slavik inquired as to how many of these trucks the City had at this time, and City Manager Martin replied that there were only two and that the recommendation before them is for one replacement. 6. Approving the purchase of a microfilm camera and retrieval system/ reader -printer for the Police Department from Lloyd W. Holmes Co., based on low bid, for the total of $13,476.75. This item is budgeted in the 1984-85 Capital Outlay Budget. 7. Approving an amendment to the contract with the Texas Department of Health to provide $138,000 for direct reimbursement by the State to third party clinicians and consultants used in the City -County Health Department programs. 8. Approving the following actions on the contract for Water Well Drilling Services with Crowell Drilling Co. a. The water well which has been completed on the leased Gallagher property near Lake Corpus Christi be accepted, and final payment of $37,228.65 for this well be authorized to Crowell Drilling Co. b. The contractor be granted a 24 day time extension to supplement the 32 days allotted for this work due to material delivery delays and development difficulties beyond the contractor's control. The total cost of this water well, which is one of four Crowell Drilling Co. has been authorized to drill, is $130,524.00. Council Member Brown inquired as to how many water wells the City planned to contract for. City Manager Martin informed the Council that there would be at least two more wells. He explained that this well is near Lake Corpus Christi and the next two would be drilled in San Patricio County. Minutes Regular Council Meeting February 19, 1985 Page 4 Council Member Brown then inquired as to the minimum and maximum number of gallons that would be produced by this well, and City Manager Martin explained that the minimum would be 500,000 or 600,000 gallons and the maximum is 1.2 or 1.3 millions gallons a day, noting that the City has some wells in Campbellton that produce 3} million gallons a day but that these wells were about 4,500 feet deep vs. 500 feet deep. Council Member Brown asked City Manager Martin how long the wells would produce, and Mr. Martin replied that they would produce indefinitely. He explained further that no decision has been made about transporting the water to Lake Corpus Christi. 9. Approving the Airport Capital Improvement Program and the funding method recommended by Staff and the Airport Advisory Board, and further instructing the Staff to take the necessary steps towards implementation of such program. In addition, the Staff shall review the parking lot expansion project and include this project into the program as funds become available, or through use of other funding sources. Council Member Slavik inquired about the yearly energy cost. City Manager Martin stated that he did not have the answer to that but that this is one of the directions given to the consultants. 10. Authorizing the City Manager to execute a revised contract with the Lavaca-Navidad River Authority and the Texas Water Development Board providing for the interbasin transfer of approximately 15 million gallons of water a day from Lake Texana to Corpus Christi for a three-year period. The Board determined the water should be purchased from the State's interest in the Lake Texana project, thus, requiring the three party contract. The Texas Water Commission has approved the interbasin transfer. This contract replaces the two party contract between the City and the Authority approved by the City Council on September 19, 1984. Council Member Slavik inquired as to why the City was considering a three-year period on this contract, and City Manager Martin explained that this is a temporary emergency permit; if a permanent transfer is needed, other permits will be required. Council Member Mendez referred to the morning discussion and stated that it was his understanding that the City is not under payment obligations if this water is not purchased, and City Manager Martin assured Mr. Mendez that this was correct. 11. Approving the recommendation of the Bay Drilling Committee to amend the permits for six existing wells in Corpus Christi Bay State Tracts 414 and 416 to allow sucker rod pumping with staff recommended pollution prevention equipment. The Oil and Gas Chapter of the City Code prohibits sucker rod pumping in marine areas, but Section 35-9 authorizes the Council to grant exceptions when the environment, public health, safety and welfare are protected. 'notes egular Council Meeting February 19, 1985 Page 5 Mayor Jones stated that the City has a good record with no oil spills from the wells located in the Bay and asked what assurance the City has that this wellwill be equally safe. Mr. James Conn, Petroleum Superintendent, explained that these are low production wells; there are four oil wells in Lake Corpus Christi, but this is the first in our Bay area; and that because oil spill prevention equipment has been developed for pumping wells, the Bay Drilling Committee voted unanimously to recommend that the requested exceptions be granted by the Council. 12. A contract be awarded to Schuette Electric Company in the amount of $48,099 for the Water Distribution Pumping Station Supervisory Control Rehabili- tation project, which provides for the electrical circuitry necessary for the installation of instruments and telemetering equipment for remote monitoring of the Holly Road, Savage Lane and Caldwell water reservoirs as well as five overhead water towers. Funds have previously been appropriated for this work which is recommended in the recently adopted Water Master Plan. 13. A revocable easement be granted to Trifinery, Inc. for the purpose of installing a private underground primary electrical feed system in the 6600 block of Up River Road. The crossing would be installed by boring under the roadway and a fee of $150 is recommended for the easement grant. Council Member Slavik inquired as to how the City had arrived at this fee and if it could it have been higher. Assistant City Manager James Lontos explained that there is a policy on fees which was previously set by the Council based on the size and length of the pipe. 14. A revocable easement be granted to Memorial Medical Center providing for the installation of overhead communication cables across Hospital Boulevard. The cables will be used to operate remote computer terminals between the hospital and a building owned by the hospital at 2456 Morgan Avenue. Council Member Slavik noted that a fee is not being charged for the installation of the overhead communication cables and inquired about the reason for this. Assistant City Manager Lontos explained that the only overhead cables other than these are free since they are covered by franchises. Mayor Jones called for comments from the audience on Consent Motions 1 through 14, and there was no response. A motion was made by Council Member Mendez that Consent Motions 1 through 14 be approved, seconded by Council Member Guerrero and passed unanimously. Minutes Regular Council Meeting February 19, 1985 Page 6 Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 15 through 22. Council Member Slavik referred to Ordinance No. 15 which authorizes acquisition of a parcel (#12) located on Massey Street from the Sedalia Barnes Estate for the Police Station Expansion Project and inquired as to how many parcels have been acquired for this purpose and how many more need to be. City Manager Martin informed the Council that the City has $550,000 for the acquisitions; there are eleven parcels left to be acquired; and that the Staff is acquiring property as it becomes available. Mayor Jones ascertained that no one in the audience wished to speak on the Consent Ordinances. Acting City Secretary Dorothy Zahn polled the Council for their votes and the following ordinances were passed: 15. ORDINANCE NO. 18698: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 12 IN CONNECTION WITH THE POLICE STATION EXPANSION PROJECT; APPROPRIATING $1,692; 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". 16. ORDINANCE NO. 18699: AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 1 TO THE RUNWAY 17-35 DRAINAGE IMPROVEMENTS AND SURFACE CORRECTIONS PROJECT TO PROVIDE FOR THE INSTALLATION OF A DEWATERING SYSTEM; APPROPRIATING $4,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 17. ORDINANCE NO. 18700: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 2 AND 23 IN CONNECTION WITH THE PURDUE ROAD STREET IMPROVEMENTS, PHASE II PROJECT; APPROPRIATING $1,888; 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". utes 3ular Council Meeting February 19, 1985 Page 7 18. ORDINANCE NO. 18701: AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE CONTRACT WIT}I COTTEN/LANDRETH ARCHITECTS FOR DESIGN AND ENGINEERING WORK ON THE WEST CONCOURSE EXTENSION AND HOLDROOM AT CORPUS CHRISTI INTERNATIONAL AIRPORT WHICH PROVIDES FOR AN EXPANDED SCOPE OF WORK AND ADDITIONAL ARCHITECTURAL FEES; APPROPRIATING $210,000; 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". 19. ORDINANCE NO. 18702: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF AMISTAD INVESTMENTS, INC. BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN ELECTRICAL SHOP ON LOTS 11 AND 12, BLOCK 2, MEULY 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, McComb, Mendez and Slavik voting, "Aye". 20. ORDINANCE NO. 18703: CLOSING AND ABANDONING THAT PORTION OF THE BLANKET CAS PIPELINE EASEMENT AS CONTAINED IN LOT 15, BLOCK 3, MANOR TERRACE, SUBJECT TO THE PROVISIONS LISTED BELOW; 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". 21. THIRD READING - ORDINANCE NO. 18704: CLOSING AND ABANDONING 50 FOOT WIDE LAST STREET FROM CALDWELL STREET TO MUSSETT STREET IN MUSSETT ADDITION; RETAINING A 10 FOOT WIDE UTILITY EASEMENT. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 22. THIRD READING - ORDINANCE NO. 18705: AMENDING CHAPTER 55, UTILITIES, ARTICLE XIII, LIQUID WASTE HAULING, SECTION 55-161, PERMIT APPLICATION, ISSUANCE, BOND, FEES, QUALIFICATIONS, ETC.; PROVIDING FOR INSURANCE REQUIREMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting February 19, 1985 Page 8 The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Ave". * * * * * * * * Mayor Jones called for consideration of Action by Motion from the Regular Agenda. 23.* Authorizing the City Manager or his designee to execute a contract with the Nueces County MHMR Community Center of the Corpus Christi Area, Inc. for $200,000 for the construction of a workshop facility. This project is funded by the 10th Year Community Development Block Grant program. City Manager Martin stated that during the Council meeting on February 12, 1985, the Council requested additional information from the Nueces County MHMR Community Center regarding the construction of a workshop facility and its relationship to the Doctor's Hospital North which MHMR has just recently acquired. He stated that Mr. Wallace E. Whitworth, Jr., Executive Director of MHMR is present to answer any questions the Council may have. Mr. Wallace E. Whitworth, Jr. stated that he did not have anything more to add but that he would clarify any questions from the Council. Council Member Berlanga inquired of Mr. Whitworth if MHMR would be using the $200,000 allocated for the purchase of real estate. Mr. Whitworth explained that the original project cost was for $412,000 for the construction of a workshop facility, $200,000 of which the City is providing. He explained that MHMR would propose to spend $90,000 for land to be used for parking and that a site facility study was conducted by an architectural firm to determine the best use. Council Member McComb expressed the opinion that this is an entirely different project and that it seemed to him that this is a large amount of money that MHMR is obtaining from the City. Mr. Whitworth explained their plans for the use of the old hospital building and stated that all outpatient programs, the mental health day program and the mental health residential program are scheduled for occupancy at this location. He further explained the financing plans, stating that the purchase of Doctor's Hospital North was a complex negotiated process which closed on November 15, 1984. He stated that basically, the terms included assuming a below market interest rate note (9.757) with 12 years remaining on a twenty year term; the last payment is due on August 1, 1996, with a balloon note of $442,000; and that in order to allow the Center to acquire the property, Humana, Inc. made a cash corporate donation of $116,000 which was invested and will compound to $442,000 by August 1, 1996. He stated that in addition, Humana, Inc. paid all closing costs and donated an estimated $80,000 worth of equipment; * This item was approved as amended -- see page 10.) lutes ..egular Council. Meeting February 19, 1985 Page 9 operating budget can handle all utilities, plus $7,000 of the $9,000 monthly note payment, noting that the $7,000 per month comes from the cost of leases paid by programs which will be relocated in the new building; and that transition and renovation costs are being addressed through the Center's Fund Balance and request for Foundation funds. He concluded by stating that the MHMR Program is separate from the hospital facility. Council Member Berlanga reiterated his concern about the purchase of the five lots for $100,000 and expressed concern that the money that was earmarked by the County and the City will not be used for the purpose for which it was intended. Council Member McComb inquired as to what the square footage would be for the facility for the amount of $400,000, and Mr. Whitworth informed the Council that it would be 8,500 square feet, which will include a small area for shipping and receiving and maybe about 10% for office space. Council Member McComb expressed concern in that he did not feel MHMR would be getting their money's worth, because in his opinion, he could probably have a building constructed with about 10,000 square feet for about $90,000. Mr. Whitworth informed the Council that they have not gone out for bids yet, and that part of the facility which is proposed to be constructed will be a food service training center and a vocational training center with mostly open space that lends itself to assembly -line and manufacturing type of activities. Council Member Mendez noted that the MHMR facility which was located on Mohawk Street which provides services for 55 clients and the one at Brownlee which services 95 clients will be eliminated and inquired if any consideration was given to enlarging the facility at Mohawk. He expressed concern about inconveniencing the people who obtained services at the facility on Mohawk if this facility is to be eliminated. He indicated that he is in favor of expanding the project but felt that these questions need to be answered. He expressed appreciation to Mr. Whitworth for being present to address the Council's questions. Mr. Whitworth stated that he felt that MHMR would be able to service most of the clients at the new facility. Mayor Pro Tem Turner stated that there is no question that this is an eligible project but suggested that a matching amount should be made by MHMR. She indicated that she agreed that there is a need for a workshop facility. Mr. Whitworth explained that the building will definitely be constructed; they will need to stay within their budget; and the additional funds will probably have to be secured through a loan which will he amortized over a period of time. Minutes Regular Council Meeting February 19, 1985 Page 10 Council Member Slavik inquired as to the amount of money the County will contribute to MHMR, and Mr. Whitworth replied that it would be $45,000. Council Member Slavik inquired if MHMR had a projected figure for the property on Mohawk. Mr. Whitworth explained that they did not but they had secured an appraisal on the building; the building is three years old; and that they are looking at at about $75,000. A motion was made by Council Member Guerrero that the motion be approved as recommended, subject to MHMR obtaining the additional funds needed to construct the workshop facility, seconded by Council Member Mendez and passed unanimously. * * * * * * * * Mayor Jones announced the public hearing on three zoning applications. 24. Application No. 185-15, SAA -81: For a change in zoning from "I-2" Light Industrial District to "B-4" General Business District on Lots 38 and 39, Block 5, 100 South Padre, located on the south side of Fortune Drive, approximately 550' east of South Enterprize Parkway. Assistant City Manager Tom Utter informed the Council that this application was submitted by Mr. Joe Adame, Realtor, and that there was no response to the two notices of the public hearing that had been mailed. He stated that both the Planning Staff and Planning Commission recommend approval. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. He stated that the proposed use is for a health care and retirement center. No one spoke in opposition to the request. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez and passed unanimously. Acting City Secretary Dorothy Zahn polled the Council for their vote on the ordinance and it passed as follows: 24. ORDINANCE NO. 18707: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SAA -81 BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 38 AND 39, BLOCK 5, 100 SOUTH PADRE, FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. zutes dgular Council Meeting February 19, 1985 Page 11 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. Application No. 185-16, Ms. Catalina C. Gonzalez: For a change in zoning from "R -1B" One -family Dwelling District to "8-4" General Business District on Lot 6, Alamo Subdivision No. 2, located on the northwest corner of South Port Avenue and Tarlton Street. Mr. Utter stated that in response to the fifty-seven notices of the public hearing, nine were returned in favor and one in opposition. He stated that both the Planning Staff and Planning Commission recommend approval. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. He stated that the drive-in facility occupying this property is a nonconforming use which was present on the property prior to the one -family dwelling district zoning; the property has frontage along South Port Avenue; and that the requested zoning would be a logical extension of the "B-4" district adjacent to the north. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Slavik and passed unanimously. Council Member Berlanga inquired as to when this property would be cleaned. Mr. J. W. Gary, 4933 Cherry Hill, representing the applicant, stated that this property is a non -conforming use and that Ms. Gonzalez could not do anything with it until the zoning on this property is approved. Acting City Secretary Zahn polled the Council for their vote on the ordinance and it passed as follows: 25. ORDINANCE NO. 18708: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CATALINA C. GONZALEZ BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 6, ALAMO SUBDIVISION NO. 2, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". Minutes Regular Council Meeting February 19, 1985 Page 12 26. Application No. 1284-12, Mr. Jule H. Pels: For a change in zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 2, Block 3, Castle Park Unit 1, located on the south side of Castle Park, approximately 150' west of Waldron Road. Mr. Utter stated that in response to the twenty-two notices of the public hearing, one was returned in favor from outside the 200' area of notification and two in opposition. He stated that the Planning Commission recommendation is for denial of "B-1" zoning and in lieu thereof, grant a special permit for a day care center, and that the Planning Staff recommends "R-2" zoning. He further stated that after further consideration, the Planning Staff has agreed with the Planning Commission's recommendation because there is really not too much difference between the "R-2" and the special permit for the day care center. No one spoke in opposition to the request. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. Council Member Slavik inquired if this request conformed with the Flour Bluff Development Plan and whether the special permit would not set a major precedent in that area. Assistant City Manager Utter replied that it would not set a precedent because "8-1" zoning exists to the east; there is "A-1" with a special permit to the north; and that the Staff felt that the special permit on this property would not hinder the Flour Bluff Development Plan. Mr. Utter further stated that this request is for a child care center facility; this is not too different from a residence; it is not a school; and that schools are allowed in "R -1B" zoning. He expressed the opinion that this would not really be an intrusive use into the area, adding that he felt that the Planning Commission made the best recommendation. He added that he could not speak for the people who object to the request but that he felt that they would not object to the child care facility as much as they would to a Maverick Market. Acting City Secretary Zahn polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 26. ORDINANCE NO. 18709: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JULE H. PELS BY GRANTING A SPECIAL COUNCIL PERMIT FOR A DAY CARE CENTER ON LOT 2, BLOCK 3, CASTLE PARK UNIT 1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, absent at the time the vote was taken. lutes gular Council Meeting February 19, 1985 Page 13 Mayor Jones announced the public hearing on the following alley closure: 27. ALLEY CLOSING - Closure of an 18 foot wide alley in Block 19, Segrest Addition, between Headley and Heinley Streets. Mr. Gerald Smith, City Engineer, displayed a map showing the alley and stated that the alley is located right off Morgan Avenue in the vicinity of Memorial Medical Center; the alley is not open on the ground; and that this alley is 18 feet wide. He stated that the application request was filed by Drs. Robert and Julio Vela which were later joined by two other property owners. He explained that utility wise, the City maintains an 8" diameter public sanitary sewer which expends the entire length of the alley; Central Power & Light Company and Southwestern Bell Telephone Company also maintain buried electrical facilities in the alley; and that if the alley were closed, it would be necessary to retain the utilities in the alley. Mr. Smith also showed slides of the vicinity and explained that the property on the left does not use the alley for access. Mayor Pro Tem Turner inquired about the alley and the land obtained by the property owner as a result of the alley closure. Mr. Smith explained that under the new alley closure policy, the owner is not required to replat; it would be to their advantage to replat and incorporate that property into the deed map records at the Courthouse; and this could be accomplished by obtaining a Certified Copy of the Ordinance closing the alley from the City Secretary's Office for recording purposes. Council Member Slavik inquired if the City had considered charging for the alley closing because of the expense that the City would incur in replacing the fence, and Mr. Smith replied that there is no charge under the present City's ordinance for alley closing. No one spoke in opposition to the alley closing request. A motion was made by Council Member Mendez that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Council Member Mendez that the closure of an 18 foot wide alley in Block 19, Segrest Addition, between Headley and Heinley Streets be approved, seconded by Mayor Pro Tem Turner and passed unanimously. Mr. Smith informed the Council that the ordinance effecting the alley closing would he on the agenda the following week. Minutes Regular Council Meeting February 19, 1985 Page 14 28. ALLEY CLOSING - A portion of a dead-end alley at the rear of Lot 9, Block 4, Westchester Place Subdivision. Mr. Smith showed slides of the vicinity and explained that the abutting property owners had requested that the alley be closed. He explained further that the alley is 20 feet wide; and that Mr. Huckman has stated that he wants that portion closed to increase the size of his lot and in order to clean it up because he feels conditions in the alley are both a health and fire hazard. He explained that the alley was platted in this location in a configuration which flairs to an ultimate width of 102 feet at its dead end. Mr. Smith further stated that the alley is paved; that there is a fence across the alley; and that the people who use the alley are primarily residents of the apartments which back to the alley but have access from Leopard Street. Mr. Smith further stated that there also exists in the alley a commercial trash container for private hauling purposes which apparently serves the apartments that are adjacent. Council Member Berlanga approved of the closing because it has become just a place to dump trash. Council Member Mendez inquired as to who the abutting property owner is because of the configuration of the alley, and Mr. Smith replied that only one property owner will benefit from the closure. Mayor Pro Tem Turner inquired as to why the entire alley is not closed since it is not passable and none of the apartment residents need the alley for access. Mr. Smith informed the Council that the application request was to close that portion only. Mayor Pro Tem Turner then inquired as to how the apartment residents could utilize the dumpster if the alley is closed, and Mr. Smith replied that there is enough room to place the dumpster in the remaining 20' alley. Council Member Slavik inquired as to who had paved the alley and by what authority the fence was placed in the alley. Mr. Smith replied that the apartment owner had paved the alley and fenced the area, and had no authority to do so; but, that the City does not get involved in serving citations unless complaints are received. Mayor Jones ascertained that no one wished to speak in regard to this request. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez and passed unanimously. lutes .regular Council Meeting February 19, 1985 Page 15 A motion was made by Mayor Pro Tem Turner that the portion of alley at the rear of Lot 9, Block 4, Westchester Place Subdivision seconded by Council Member Berlanga and passed unanimously. Mr. Smith informed the Council that the ordinance effecting closing will be on the agenda the following week. a dead-end be closed, the alley 29. STREET CLOSING - Lenora Drive from Mt. Vernon Drive to McArdle Road and Mt. Vernon Drive from Lenora Drive approximately 200 feet westerly. City Manager Martin displayed a transparency of the area involved and explained that the request has been made in connection with the expansion of the Padre Staples Mall. He noted that Janet Drive has already been closed by the City for the purpose of this extension; the property owners have requested that Lenora and a portion of Mt. Vernon be closed so that the mall can be expanded; they plan to expand the Dillard's Department to the west and that another building would be constructed possibly to be occupied by a new Foley's Department Store; and that if the Foley's Store materializes, a multi-level parking garage would probably be constructed on the land available from the former Janet Drive closure near McArdle Road. He stated that all of the abutting property is owned by the applicant. Mayor Pro Tem Turner stated that the remainder of the property owners on Mt. Vernon need to be assured that there will be a cul-de-sac if this portion of the street is closed, and Mr. Gerald Smith, City Engineer, assured the Council that a cul-de-sac needs to be constructed to provide access for the other property owners. must that from City Manager Martin continued his explanation by stating that the applicant pay the City the fair market value of the street to be closed. He stated the City has plans for the extension of Mustang Trail to Padre Island Drive Staples in order to provide circulation in this area of high traffic movement. Mr. Smith displayed a transparency that showed the proposed extension of Mustang Trail between Airline and Staples Street. City Manager Martin further stated that the City needs to have a right-of-way dedication of land for the Mustang Trail extension from the applicant of the closing of this street. He summarized by stating that the City has no objection to the closure if the applicant is required to pay for it, but that the City will allow the dedication of the 60' right-of-way as partial payment for the land acquired from the closing of the street. He stated that the new route affects a very small portion of Mt. Vernon Park; replacement of that portion of the park, by dedication of an equal portion from the McArdle side, should also be a condition. Minutes Regular Council Meeting February 19, 1985 Page 16 Mayor Pro Tem Turner inquired if the residents in the area would be provided written assurance that they will have access to Padre Island Drive by the extension of Mustang Trail. City Manager Martin stated that the Staff is not sure because it must be extended in some manner and there are several options. Be explained the alternatives and explained that one alternative could be that Mt. Vernon Park could be cut through. Council Member Slavik commented that the Mt. Vernon people were concerned about the street going through, and Mr. Martin explained that their greatest opposition was that they not be separated from the park by a collector street. No one spoke in opposition to this street closure request. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Slavik and passed unanimously. Mayor Jones inquired about the ordinance effecting this street closing request. City Manager Martin suggested that a motion would be in order directing the Staff to bring back an ordinance to close the street subject to making allowances for the following conditions: (1) the owners object to paying for the street closure; and (2) the dedication of the 60' right-of-way is required. Mr. Martin stated that he believed the dedication issue can be resolved if part of the cost of the street closure could be offset by the dedication. He suggested that the Council direct the Staff to draft an ordinance; that the draft ordinance be discussed with Mr. Bevley and Mr. Smith; and that the ordinance be before the Council for passage after the details are resolved. A motion was made by Mayor Pro Tem Turner that the Staff be directed to draft an ordinance approving the street closure subject to the conditions in regard to payment and dedication of the land; seconded by Council Member Slavik and passed unanimously. Council Member Guerrero stated that he would like the minutes to reflect that he had voted in favor of the request and for the competition for his place of business. Mayor Jones called for the City Manager's Report. City Manager Martin announced that Moody's had just awarded the City with a "Aa" bond rating and that Standard and Poors will respond very soon. nutes ..egular Council Meeting February 19, 1985 Page 17 * * * * * * * * * Mayor Jones called for petitions from the audience on matters not scheduled on the agenda. Mr. Philip Rosenstein, 949 Bobalo, questioned the legality of amending the water rate ordinance which increased the residential rates and lowered the commercial rates just prior to the third reading and approving the ordinance without three more readings. He stated that he has challenged the legality of this procedure and has been ignored. He referred to the City Charter as it pertains to three reading ordinances or resolutions, adding that Council Member Guerrero is the only Council Member who had the courage or integrity to stand up to this unethical and illegal method of bypassing the City Charter. Council Member Berlanga took exception to Mr. Rosenstein's remarks and stated that according to the City Manager, when the wording on an ordinance is changed and if it is still the same ordinance, it does not require three more readings. Mr. Berlanga further stated that this is according to an opinion of the City's Legal Department. City Manager Martin substantiated Mr. Berlanga's comment by stating that this is absolutely correct. Mr. Rosenstein stated that he would grant that on certain ordinances but this particular ordinance dealt with figures and rates and expressed the opinion that the intent was changed by the amendment. Council Member Slavik asked that the City Manager to provide a legal opinion on this in that Mr. Rosenstein claims that the figures were changed. City Manager Martin explained that this is still perfectly legal; the Council had a water rate ordinance increasing rates; the Council amended it before the third reading; and this is perfectly proper because it was all done in open, public session. He further stated that this was done in complete order and it was completely legal. Mayor Jones stated that he agreed that it was legally done. Mr. Virgil Howard, speaking on behalf of Mr. Eddie Savoy, referred to the action taken by the City Council on February 12th reversing the Planning Commission's recommendation to deny Mr. Savoy's zoning applications. Mr. Howard explained that Mr. Savoy was not present at that time because he was under the impression that the City Council meeting was on Wednesday. Mr. Howard urged that the Council consider placing the applications back on the agenda to allow Mr. Savoy with an opportunity to speak. He stated that actually, the zoning application was a compromise with the Building Department; Mr. Savoy has paid his permit and application fees; building permits were issued in error; and that Mr. Savoy had relied on the validity of the permits. Mr. Howard stated that he did not think Mr. Savoy should be burdened with the cost of moving two houses or Minutes Regular Council Meeting February 19, 1985 Page 18 demolishing them. He reiterated his plea placed on the agenda to allow Mr. Savoy with Council Member Berlanga questioned Mr. not know that his property was zoned "RA". that Mr. Savoy's applications be an opportunity to provide input. Howard's belief that Mr. Savoy did Mr. Howard informed the Council that Mr. Savoy has told him that he did not realize this change had gone into effect; he has never known Mr. Savoy to misrepresent anything else; but that in any event, Mr. Savoy had relied on the building permit. He questioned the Council's reversal of the Planning Commission's decision. Council Member Berlanga stated that the City has admitted that made by the building clerk but questioned why after the houses were Mr. Savoy did not have final inspection made of these homes. an error was constructed, Council Member Guerrero commented that the Council did not reverse the Planning Commission's recommendation but rather, did not accept the recommendation. He stated that at this point, it is really out of the Council's hands. Council Member McComb stated that Mr. Savoy had been by his office the day after the Council's decision was made and that his recommendation to him was that he go through the whole process of the application again. He stated that the thing that disturbs him is that Mr. Savoy contends that he did not know the Council met on Tuesdays when in fact Mr. Savoy has been present during Council Meeting days on Tuesdays in regard to other matters. Council Member Slavik stated that the Council was concerned that no one representing the applicant appeared at the public hearing; she has received numerous calls from residents in the Flour Bluff area who are concerned that this matter may be on the agenda again; Mr. Savoy did receive his notice which stated that the hearing was set for Tuesday, February 12th; the hearing was publicized; he had his chance to appear before the Council; and expressed the opinion that if Mr. Savoy's applications were placed on the agenda again, this would open a up "can of worms." Mr. Howard addressed the Council again and stated that he knew the City Council met on Tuesdays but also knew that the City Council conducted special meetings. He stated that actually, Mr. Savoy called him and asked that he join him to attend the Council meeting on Wednesday; that Mr. Savoy was operating on an honest mistake as the building clerk did when he issued the permits; and that it did not seem fair to him that Mr. Savoy is not allowed to have an opportunity to speak. He expressed the opinion that this would not be setting a precedent. He stated that two of the houses are occupied; one has been purchased and the other is under a lease/purchase agreement. lutes ..egular Council Meeting February 19, 1985 Page 19 Mayor Jones called for a motion to reconsider the zoning applications and there was no response. Council Member Slavik inquired if the Council could direct the Legal Department to meet with Mr. Savoy, and City Manager Martin explained that the Council had denied the applications and the only recourse was to go to Court. Mayor Jones commented that the mistake was made by the City but even if it was wrong, the City cannot allow a building to remain in error. He agreed that Mr. McComb's suggestion that Mr. Savoy start the change of zoning procedure again is a good suggestion. Mayor Pro Tem Turner expressed concern about how the matter would hold up in court since the applicant contends he did not know what his zoning was. City Manager Martin explained that they had an opportunity to come before the City Council last week; and a governing body is not bound and liable for the action of its employees' making a mistake. Council Member Kennedy stated that any legal action would be placed in abeyance if a new application is zoned. City Manager Martin explained that the City needs to take steps to insure that nothing further is done, or in other words, that the third house is not occupied. He stated that the City needs to establish a status quo on this property. Mayor Jones deviated from the discussion and announced that he had just received a telephone call from Hugo Berlanga, Speaker Pro Tem, in which Mr. Berlanga had informed him that they had had a hearing on the low level nuclear waste dump and that his bill had passed out of committee with a vote of 7 to 1. Mayor Jones further announced that Mr. Berlanga expected to get to the floor and that his bill contains a moratorium on the purchase of the land. A motion was made by Mayor Pro Tem Turner that the Council express their appreciation to Mr. Berlanga for his efforts, seconded by Council Member Mendez and passed unanimously. Mr. Ivan Orsner, 3706 Prosper Street, wished the City Council a happy Mardi Grass. He informed the Council of their plan to have one in Corpus Christi next year. He stated that the Corpus Christi Magazine last week had an article in which they stated that they had only 54 Winter Texans. He mentioned many groups that are having events for the Winter Texans and presented brochures to the Council of the events. Mr. Orsner requested that the City Council appear at the Winter Fest, suggesting that Mayor Jones and Council Members McComb, Slavik Berlanga and Mendez be present at 11:00 a.m., Sunday, and invited Mayor Pro Tem Turner and Council Members Kennedy, Guerrero, and Brown to he present at 2:00 p.m. to participate in a celebrity auction on February 24th at the Coliseum. Mayor Jones stated that he would he able to be present at 12:15 p.m. Minutes Regular Council Meeting February 19, 1985 Page 20 Mrs. Oscar Bocock, 1258 Devon, referred to an article which quoted Police Chief Bill Banner, stating that crime was down by 4.87 from last year. She stated that she hoped that all of Corpus Christi has qualified for the deduction on their homeowners insurance. She suggested several safety features for homes. Mr. Dan Soliz, a government student, stated that he has to do a research paper as part of a government class project. He stated that he had chosen the Compensation Ordinance on the Managerial Group as his topic and added that he is basically asking for two versions from City Council Members of controversy regarding this ordinance. There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member McComb and passed unanimously, the Regular Council Meeting was adjourned at 4:40 p.m., February 19, 1985. RR