HomeMy WebLinkAboutMinutes City Council - 02/26/1985MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
FEBRUARY 26, 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 David Berlanga, 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.
A motion was made by Council Member Welder Brown that the minutes of the
Regular Council Meeting of February 19, 1985 be approved as presented, seconded
by Council Member Leo Guerrero and passed unanimously.
Mayor Jones then administered the Oath to Mr. Sam Satterfield, a member of
the newly formed Drug and Alcohol Abuse Task Force.
*Mayor Pro Tem Turner arrived at 2:04 p.m.
Mayor Jones called on City Manager Martin to comment on the bid received
that morning on the sale of $13,330,000 of General Improvement Bonds.
City Manager Martin recommended that the Council note that when the bids
were opened at 11:30 a.m. that morning, only one bid had been received; four
bids were delivered late and were not opened; the Council indicate rejection of
the bid; and the Council reschedule the bid opening for 10:00 a.m., Thursday,
February 28, 1985, during a Special Council Meeting at which time the Resolution
approving the form of the official statement and the Ordinance providing for the
issuance of the bonds would be considered.
MICROFILMED
Minutes
Regular Council Meeting
February 26, 1985
Page 2
Mr. Martin made the observation that it would not be proper to award the
bid when only one was received; there is a possibility of lower bids; and the
City does not want the other bidders to think chat the Council looked at the
late bids. He indicated that the City could take advantage of the same market,
noting that it could he better or it could be worse.
Council Member Guerrero moved that the Council note that at 11:30 a.m. on
February 26, 1985 only one bid was received and opened; four bids were late and
unopened; the Council rejected the bid at that time and is rejecting it again;
and a Special Council Meeting be held on Thursday, February 28, 1985 at 10:00
a.m. for the purpose of receiving bids on the sale of $13,330,000 of General
Improvement Bonds.
The motion was seconded by Council Member Frank Mendez and passed
unanimously.
* * * * * * * * * * * *
Mayor Jones called for consideration of actions taken during the Workshop
Meeting on the following:
1. Resolution confirming the appointment by the City Council of Armando
Chapa to the position of City Secretary.
City Manager Martin read the resolution and noted that Section I appoints
Mr. Chapa to the position of City Secretary, and Section II allows payment of
one year's salary upon involuntary termination.
Council Member Mendez noted that vacation and sick leave days are mentioned
in the resolution and inquired if reference should be made to health insurance.
Mr. Martin stated that health insurance would continue, and it is not
necessary to make that a part of the resolution.
The Council indicated that they would like to vote on each section of the
ordinance separately, and Ms. Zahn pointed out that in order to legally do that,
two resolutions would be required. Assistant City Attorney Jay Doegey concurred
with Ms. Zahn's statement.
Acting City Secretary Zahn then polled the Council for their vote on the
following resolutions:
RESOLUTION NO. 18720
APPOINTING ARMANDO CHAPA AS CITY SECRETARY WITH AN ANNUAL SALARY OF $43,000, A
$200 PER MONTH CAR ALLOWANCE, AND SICK LEAVE AND VACATION BENEFITS CARRIED OVER
FROM MR. CHAPA'S EMPLOYMENT WITH THE JTPA; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez, and
Slavik voting "aye"; Kennedy absent at the time the vote was taken.
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RESOLUTION NO. 18721
ESTABLISHING A TRUST FUND IN THE AMOUNT OF $43,000 FOR ARMANDO CHAPA, CITY
SECRETARY; APPROPRIATING $43,000 FROM THE GENERAL FUND RESERVE FOR TRANSFER TO
THE TRUST FUND; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Brown, Guerrero, and Mendez, voting "aye";
Turner, McComb, and Slavik voting "no", Kennedy absent at the time the vote was
taken.
Mayor Jones called for consideration of the following two items:
2. Opposing legislation relating to the control of billboards that may be
introduced without the provision to amortize their removal but may instead
provide for compensation ocher than amortization.
3. A condemnation settlement with Mark Bratton for the acquisition of a parcel
of land (Parcel 69) located at the northeast intersection of Saratoga Blvd.
and Ayers Street for the Navy Clear Zones land acquisition project be
approved.
A motion was made by Council Member Mendez chat the foregoing be approved,
seconded by Council Member Brown and passed unanimously.
**Council Member Charles Kennedy arrived at 2:37 p.m.
* * * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Motions:
1. Approval of specifications and authorization to receive bids on March 20,
1985 for mowing equipment for the Park Division. Equipment is included in
the 1984-85 Capital Outlay Budget with an estimated expenditure of $35,290.
Approval of specifications and authorization to receive bids on March 13,
1985 for 5KW and 15KW emergency generators for the Fire Department.
Equipment will be used to supply standby electricity. Equipment is
included in the 1984-85 Capital Outlay Budget with an estimated expenditure
of $19,500.
3. Approval of specifications and authorization to receive bids on March 20,
1985 for 104 parking meters for Traffic Engineering. These meters are
included in the 1984-85 Capital Outlay Budget with an estimated expenditure
of $26,010.
4. Approval of specifications and authorization to receive bids on April 3,
1985 for three tractor loader backhoes for the Gas, Water and Wastewater
divisions. Equipment is included in the 1984-85 Capital Outlay Budget with
an estimated expenditure of $121,000.
5. Approving the purchase of a wheel tractor with brush loader for the
Sanitation Division based on low bid from Kuenstler Machinery Company, for
$44,745. Sixteen bid invitations were issued and five bids received.
Price has increased 7% since last purchase in April, 1982.
Minutes
Regular Council Meeting
February 26, 1985
Page 4
6. Approval of award of 24 months supply agreement for uniform rental service,
with option to extend for an additional twelve months at the same terms and
conditions, subject to the approval of the supplier and the City Manager,
or his designee, to Texas Industrial Services on the basis of low bid, for
an estimated total. of $15,067. The service is for the estimated 60
mechanics in Equipment Maintenance, Transit, Park Maintenance and Fire
Department who are not in the regular City program.
Council Member Slavik referred to motion 6, uniform rental services, and
requested an explanation as to why certain employees are not included in the
regular City program.
City Manager Martin stated that the nature of their work results in heavily
soiled clothes; therefore, these uniforms are laundered professionally, whereas
other employees launder their own uniforms.
Council Member Berlanga inquired if any employees were required to buy
their uniforms and if there were plans to discontinue any specific uniform
services.
Mr. Martin informed the Council that all required uniforms are furnished to
the employees; there are no plans to discontinue this service; in fact, by
requiring that most employees launder their uniforms, a cost savings has
resulted which has enabled the City to provide additional employees with
uniforms.
7. Approving a twelve months supply agreement, with option to extend for an
additional twelve months, at the same terms and conditions, subject to the
approval of the supplier and the City Manager, or his designee, for
polyvinyl chloride pipe (PVC), related fittings, solvents and glue, based
on low bid to Esco Supply Company, for estimated total of $16,711.28. This
material is stocked in the Warehouse and used by Park and Water divisions.
Fourteen bid invitations were issued and four bids were received. Prices
have remained the same as last contract of October, 1983.
8. Accepting the Convention Center Signs and Lobby Improvement project and
authorizing payment to Anco Sales Company in the amount of $14,695. The
total cost of this work was $150,190 which provided for the installation of
a standardized interior and exterior signage package at the Convention
Center and cabinet work in the lobby area. Funds in the amount of $3,240
are being withheld for extra signs authorized but not yet installed due to
material delivery problems and would be released by the City Engineer when
the signs are installed.
Council Member Mendez referred to motion 8, signs at the Convention Center,
and asked for an explanation, noting that last week there were no signs at the
entrance.
Mr. Martin stated that this motion provides for additional signs in the
vicinity of the meeting rooms and the second floor lobby. He stated that it was
probable that when Mr. Mendez was there last week, maintenance was being
performed; therefore the signs were not lighted.
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February 26, 1985
Page 5
9. The Park and Recreation Board at its regular meeting on January 16, 1985,
voted to recommend to the City Council that the Park and Recreation
Department co-sponsor the 2nd Annual KUNO State Hispanic Festival with KUNO
Radio Station. The Department requests that the City Manager he allowed to
enter into an agreement with KUNO for the use of Greenwood Park. The
Festival is to be held June 15 and 16, 1985, from 1:00 p.m. to 9:00 p.m.
each day. KUNO will deposit $13,000 prior to the event to cover the
Department's arranging of logistical items such as site improvements,
utility set-up, security, sanitation, and labor. KUNO radio will provide
all advertising and talent. The Festival will be free to the public.
Mrs. Slavik referred to item 9, and asked about the Corpus Christi Recrea-
tion Advisory Council, and if this type of event cost the City money.
Assistant City Manager Tom Utter stated that the Recreation Advisory Board
consisted of all of the Councils from each of the recreation centers; the City
has no cost on this type of event; and last year the Department made a profit on
the event.
Council Member Mendez expressed the opinion that this year's event will be
even more successful than last year.
10. Approving and authorizing the submission of the following grant
applications to the Criminal Justice Division, and priority for their
funding be established in the following order:
a) Continuation of the Nueces County Organized Crime Control Unit with a
total budget of $383,733. The State will fund $127,865 and the City
will contribute $221,031. Nueces County will contribute $34,837.
b) Continuation of the Burglary Task Force Grant with a total budget of
$99,014. The State will fund $10,742 and the City will contribute
$88,272.
11. Approval of 507, participation with Cotten -Landreth Architects in the cost
of demolition of the Jolly Jack Bar in an amount not to exceed $6,500, and
authorizing the City Manager or his designee to execute a contract with
Cotten -Landreth Architects for reimbursement of the demolition cost. This
project would be funded from the City's Demolition Program under the
Community Development Block Grant Program.
Council Member Brown referred to the demolition of the Jolly Jack Bar, item
11, and inquired if anything would be constructed on the property.
Mr. Martin briefly explained the City's Demolition Program and informed the
Council that if nothing is built on the site within 18 months, the City would be
reimbursed the expended amount.
Mayor Jones stated that this program was used on Corpus Christi Beach and
is an inducement to encourage demolition of delapidated buildings.
Minutes
Regular Council Meeting
February 26, 1985
Page 6
Referring to item 10, Council Member Slavik noted that the City's portion
is much larger than the County's portion.
Mr. Martin explained that the City comprises approximately 85% of the
population of the County, and if the grant was not available, the City would be
spending a greater amount of money.
12. Plans and specifications be approved and bids be received on March 20,
1985, for concrete walk repairs at the Parkdale Branch Library. This
project provides for replacing broken and cracked portions of the sidewalk
and pressure grouting other sections which have settled on both sides of
the pedestrian bridge in front of the library building. Funding for this
work is available in the Library Operating Budget.
13. Plans and specifications be approved and bids be received on March 26,
1985, for the Annaville Area No. 2 Street Improvement project. Streets
included in this 1982 Voluntary Paving street reconstruction project are as
follows:
Nida Drive and Sammons Drive, from Heizer Drive to Leopard Street
Heizer Drive, from near Westview Drive to McKenzie Road
Veda Drive, from Emmord Loop to Heizer Drive
Hurst Drive, from West Emmord Loop to East Emmord Loop
Emmord Loop (throughout Bervonne Terrace Subdivision)
Guess Drive, from Hilltop Road to Violet Road
Sunny Drive, from Violet Road to Leonard Drive
14. Plans and specifications be approved and bids be received on March 26,
1985, for the Wilmot Park Site Development, Phase 1. The improvements to
this park include a 33 space parking lot, gazebo, arbor, modular play unit,
irrigation system, security lights, and landscaping. Funds for this work
are available in the 9th and 10th Year Community Development Block Grant
Programs.
Mayor Jones called for comments from the audience on Consent Motions 1 thru
14.
Mr. Calvin Floyd, 1379 Normandy, spoke in regard to item 5, the purchase of
a wheel tractor with brush loader. He informed the Council that it would be
more practical to have the equipment transported on the trucks than to drive the
equipment to the site. He stated that these vehicles travel at 25 to 30 mph;
the trucks follow the vehicle at the same speed; and it would be more economical
to haul the equipment to the site.
Council Member Mendez inquired if the equipment could be placed on flatbed
trailers, and Mr. Martin made the assumption that they could, but the initial
cost would be $50,000 to $75,000. He stated that the equipment is probably
driven to the site, but he would get this information for the Council.
Assistant City Manager Bill Hennings stated that the City has three of
these brush loaders now, and the one being replaced requires two men to operate,
whereas the new loader will require only one man.
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February 26, 1985
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Council Member Berlanga stated that it would be economical and sensible to
have the equipment placed on flatbed trailers and then driven to the site.
Mr. Floyd stated that it is possible to have the loader built directly on
the truck by shortening the truck.
Mayor Jones inquired if Mr. Martin wanted to withdraw this item, and Mr.
Martin stated that he did not, but the staff would have this matter analyzed to
insure that they are performing this in the most efficient manner.
Mr. Luis Munoz, KUNO Radio, stated that he is very thankful for the help he
has received from the Park and Recreation Department for the State Hispanic
Festival; KUNO has arranged for entertainment events; and he is expecting
approximately 35,000 people to attend this year. He also informed the Council
that the City is guaranteed not to lose any money on this event.
There were no further comments from the audience on the consent motions;
Council Member Berlanga made a motion that items 1 thru 14 be approved, seconded
by Mayor Pro Tem Turner, and passed unanimously.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the ordinances listed on the
Consent Agenda.
City Manager Martin explained that Ordinance 21, which deals with
permitting peddlers, solicitors, and itinerant vendors, is the result of six to
eight months of effort by the staff to achieve a comprehensive ordinance, and
that this represents codification of all of the ordinances that currently exist.
He stated that consideration was given to the effect this would have on the
Bayfront seawall vendors.
Assistant City Manager Utter stated that this ordinance covers all vending
in the City, including shrimp vending.
Mayor Jones referred to the strict regulations to be imposed on vending
units, and stated that this is needed so that the Bayfront is not cheapened.
Council Member Slavik referred to the sale of "pop -top" firecrackers along
parade routes, and Mr. Martin stated that those are specifically prohibited by
an ordinance passed previously by the Council. (Ordinance No. 18284 - 6/12/84)
Council Member Berlanga expressed his concurrence with the proposed vending
ordinance.
Mayor Jones stated that there is a fine line between regulating and
stifling competition, and he wants to make sure that competition is not
eliminated.
Council Member Mendez referred to Ordinance 17, a bridge construction
agreement with the developer of Crestmont #7 and the developer of Crestmont #10,,
Shawn Bodine. He stated that the memorandum reflects that in 1983 Mr. Bodine
Minutes
Regular Council Meeting
February 26, 1985
Page 8
deposited $21,904.48 as his portion of the cost, but due to inflation, the
actual cost increased by $10,130.85, and he asked why the developer and Shawn
Bodine's share of the construction does not increase by that amount.
Mr. Lontos stated that cost of the construction is placed at the time of
development and it is not prorated.
City Manager Martin stated chat the developer's portion is a percentage set
by the Platting Ordinance.
Mayor Jones called for comments from the audience on the consent ordinances
and there was no response.
Acting City Secretary Zahn informed the Council that the ordinance
earlier by motion, regarding a condemnation settlement with Mark
required a roll call vote and this would be included as ordinance 21b.
then polled the Council for their votes on the following ordinances:
15. ORDINANCE NO. 18710
AUTHORIZING THE EXECUTION OF A
DATA, INC., DOERR ASSOCIATION OF
TRAFFIC CONTROLS PROVIDING FOR
INTERSECTIONS.
The Charter Rule was suspended
following vote: Jones, Turner,
Mendez, and Slavik voting "aye."
16. ORDINANCE NO. 18711
voted on
Bratton,
Ms. Zahn
CONTRACT WITH AUGUSTINE SALES, INC., TRAFFIC
TEXAS, TRAFFIC SIGNALS, INC. AND CONSOLIDATED
THE INSTALLATION OF SIGNALIZATION AT ELEVEN
and the foregoing ordinance passed by the
Berlanga, Brown, Guerrero, Kennedy, McComb,
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 13 IN CONNECTION WITH THE PURDUE ROAD STREET IMPROVEMENTS, PHASE II
PROJECT; APPROPRIATING $825,000; 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. 18712
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SHAWN BODINE PROVIDING FOR CITY
PARTICIPATION IN THE CONSTRUCTION OF A FRIDGE IN AN EXISTING DRAINAGE
RIGHT-OF-WAY AND DITCH ALONG THE NORTHWESTERN BOUNDARY OF THE CRESTMONT UNIT VII
SUBDIVISION, APPROPRIATING $28,004.39; AND DECLARING AN EMERGENCY.
The Charcer Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb,
Mendez, and Slavik voting "aye."
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February 26, 1985
Page 9
18. ORDINANCE NO. 18713
APPROPRIATING $134,667.81 TO SUPPLEMENT $109,648.06 REMAINING FROM EXISTING
CONTINGENCY APPROPRIATIONS TO VARIOUS PROJECTS AS SHOWN ON EXHIBIT "A" TO
REIMBURSE THE GENERAL FUND FOR ENGINEERING SERVICES; 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. 18714
CLOSING AND ABANDONING THE 18 FOOT WIDE PUBLIC ALLEY IN BLOCK 19, SEGREST
ADDITION, 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."
20. ORDINANCE NO. 18715
CLOSING AND ABANDONING A TRIANGULARLY SHAPED PORTION OF THE PUBLIC ALLEY
ADJACENT TO LOT 9, BLOCK 4, WESTCHESTER PLACE SUBDIVISION, 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. FIRST READING
AMENDING CHAPTER 38, PEDDLERS, SOLICITORS AND ITINERANT VENDORS, OF THE CODE OF
ORDINANCES OF THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR THE PERMITTING,
REGISTRATION AND REGULATION OF VENDORS, PEDDLERS, ITINERANT MERCHANTS AND
COMMERCIAL SOLICITORS; PROVIDING FOR THE AMENDMENT OR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND AN
EFFECTIVE DATE.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero,
Kennedy, McComb, Mendez, and Slavik voting "aye."
21b. ORDINANCE NO. 18716
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 69 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION, PROJECT
247-82-1; AND APPROPRIATING $936,536.34 FOR SAID ACQUISITION; 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 26, 1985
Page 10
Mayor Jones called for consideration of the ordinances listed on the
Regular Agenda.
City Manager Martin referred to Ordinance 22, the contract with the Corpus
Christi Padre Isles Property Owners Association (PIPOA) for landscaping the
medians on Padre Island. Mr. Martin observed that this is a very unique
contract; the PIPOA identified the need for landscaping the medians; they will
completely landscape the medians on both Whitecap and Commodore's Drive; the
City will pay 1/3 of the initial cost; and the PIPOA will pay up to $35,000 and
maintain the medians. He concluded that this is similar to the Adopt -A -Park
Program.
Mayor Pro Tem Turner perceived that this could be the beginning of many
such projects.
Council Member Slavik reflected that she would like everyone who lives on
Padre Island to become members of the Association.
Mrs. Turner noted that the funds for perpetual maintenance are from the
membership dues of the PIPOA.
Council Member Guerrero referred to Ordinance 23, the first reading of an
ordinance regulating trucks on residential streets, and stated that he had
brought this problem to the staff's attention 18 months ago because of
complaints he had received about 18 -wheelers parking their trucks in front of
their homes.
Mr. Tom Stewart, Director of Transportation, informed the Council that this
ordinance will enable the issuing officer to ticket a vehicle without the
individual owner being present.
Mr. Martin expounded that previously it was a violation to park a truck
overnight on a residential street, but the ticket had to be given to the
individual and the officer had to see the operator park the truck; with this
ordinance, it will be a parking violation and the officers can place the ticket
under the windshield without the operator being present.
Mayor Jones stated that since this will be a new violation, the public
needs to be informed of its passage.
Mr. Stewart suggested that warning tickets could be issued.
Mr. Martin informed the Council that this change is a legaltechnicality;
that is, it has always been a violation to park trucks on residential streets,
but now the citations can be placed on the vehicles.
Council Member Guerrero referred to cement trucks traveling to and from
construction sites, and Mr. Stewart stated that the City does not want these
trucks to use residential streets to get to a construction site, but the City
is willing to instruct the operators of these trucks of the most direct route to
legally take.
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February 26, 1985
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Council Member Guerrero stated that large dump trucks use Greenwood Drive,
and Mr. Stewart stated that since Greenwood Drive is an arterial street, this is
allowed, but that state law requires that loads be covered.
Council Member McComb expressed the opinion that if these people are using
these trucks in their business and drive the truck home, they need to park them
somewhere.
Mr. Stewart explained that not many people take large trucks home, and he
has suggested to chose
Stewart stated that most
parked for a long time;
the City will not go out
who do, to park their trucks near their home. Mr.
of these violations will be those that have had a truck
it will usually be done on a complaint basis, that is
looking for violations.
Mayor Pro Tem Turner asked if there would be an appeal process, and Mr.
Stewart stated it would be the usual process when someone gets a ticket, which
is through the court.
Mrs. Turner stated that there are businesses in residential neighborhoods,
and Mr. Martin replied that in those instances, on-site parking should be
provided.
Mayor Jones asked what the fine would be, and Mr. Stewart referred to the
staff memorandum which states $10 if paid within ten days, or $15 if payment is
not made in ten days.
Council Member McComb inquired if this would affect mobile homes, and Mr.
Stewart stated that most complaints regarding mobile homes are if they have been
parked longer than three days, noting chat the ordinance applies to vehicles
with a manufacturer's rating over one ton.
Council Member McComb inquired if mobile homes carried truck license tags,
and it was ascertained that they do not.
Mayor Jones called for comments from the audience on ordinance 22 and 23,
and there was no response.
Acting City Secretary Zahn polled the Council for their votes, and the
following ordinances were passed:
22. ORDINANCE NO. 18717
AUTHORIZING THE EXECUTION OF A CONTRACT WITH PADRE ISLES PROPERTY OSTLERS
ASSOCIATION PROVIDING FOR THE LANDSCAPING OF CERTAIN MEDIANS IN PADRE ISLES AND
THE MAINTAINING IN PERPETUITY OF SAID MEDIANS BY THE PADRE ISLES OWNERS
ASSOCIATION; APPROPRIATING $15,000; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez,
McComb, and Slavik voting "aye."
Minutes
Regular Council Meeting
February 26, 1985
Page 12
23. FIRST READING
AMENDING CHAPTER 53, TRAFFIC, BY AMENDING SECTION 53-100, CERTAIN TRUCKS,
TRAILERS AND OTHER LARGE VEHICLES RESTRICTED TO THROUGH STREETS, AND SECTION
53-251, SCHEDULE II, THROUGH STREETS; PROVIDING FOR SEVERANCE; PROVIDING FOR
PUBLICATION.
The foregoing ordinance was read for the first time and passed co its second
reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero,
Kennedy, Mendez, McComb, and Slavik voting "aye."
* * * * * * * * * * * * *
Mayor Jones announced the assessment hearing on the following two projects:
24. Assessment Hearing - Riverview Trail Street Improvement Project
Riverview Trail from Smith Drive to River Forest Drive, providing for
assessments of $35,527.46 for the 21 items on the roll.
25. Assessment Hearing - Wildcat Drive/Teague Lane Street Improvement Project
Wildcat Drive, from F.M. 624 to Teague Lane, and Teague Lane, from Wildcat
Drive to Calallen Drive, providing for assessments of $159,905.82 for the
11 items on the roll.
Assistant City Manager James K. Lontos informed the Council that these two
street improvement projects are closely related and if there is no objection
from the Council, the staff would like to conduct the hearings simultaneously.
There were no objections from the Council.
Assistant City Attorney Jay Doegey presided over the formal portion of the
hearing and called as his first witness Mr. Gerald Smith, City Engineer.
Through questioning of the witness, Mr. Doegey determined that Mr. Smith is
the City Engineer with the City of Corpus Christi; he has been employed by the
City for 21 years; and that he is a Professional Engineer registered in the
State of Texas, having received his degree from the University of Texas at
Austin. Mr. Doegey then asked Mr. Smith to explain the project.
Mr. Smith displayed transparencies of the two projects and stated that
Riverview Trail is a 1982 voluntary paving program project; a 28' wide street,
4' wide reinforced concrete sidewalks, and driveways will be constructed; and
offsite storm sewers will be installed on Vista Ridge and Smith Drive.
Mr. Smith continued by stating that 21 property owners live on Riverview
Trail; a mail poll was conducted in August and of the responses received, 53% of
the property owners still desired to proceed with the project; bids were
received on January 8; the low bidder was A. Ortiz in the amount of $147,923.90;
and the contract calls for 40 working days, or two calendar months.
Mr. Smith then displayed a transparency of the Wildcat/Teague Lane project
and informed the Council that currently construction is under way at the 5
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February 26, 1985
Page 13
Points Shopping Center. Mr. Smith stated that 40' wide streets, 4' wide
reinforced concrete sidewalks, driveways, and storm sewers will be constructed.
He explained that this is not a voluntary paving project, but is from the 1982
Bond Program; bids were received on January 22, 1985; nine bids were submitted;
the low bidder was Heldenfels Brothers in the amount of $374,979; and the
contract provides for a total of 65 working days, or 3 months, with the
stipulation that construction will not begin until school is out for the summer.
Mr. Smith reported that there are 11 items on the assessment roll; the
staff prepared the assessments; when the shopping center was annexed, it was
agreed through contract that the owners were to pay 1} times the prevailing
assessment rate when the work was done, which would mean $29.25 per 1.f. as
compared to $19.50 per 1.f.
He stated that this project includes property bounded by 73 townhomes, and
it was determined that each townhome owner has 1/73 interest in the assessments.
Mr. Smith then explained the payments to be made by the property owners for
the assessments.
Mr. Doegey asked Mr. Smith to describe the present condition of the areas,
and Mr. Smith stated that Wildcat/Teague Lane has no sidewalks; roadside ditches
exist; the driveways are asphalt; and the drainage is very bad. As explained by
Mr. Smith, Riverview Trail has roadside ditches also.
Mr. Doegey asked Mr. Smith to explain why the City is performing this
project and the benefits expected.
Mr. Smith testified that public maintenance expenses will be reduced; the
streets will be wider and safer; and the properties will be enhanced
aesthetically and financially.
Council Member Mendez expressed concern about the possibility of water
draining onto Wildcat Drive, and Mr. Smith explained the drainage plans and
informed Mr. Mendez that there would be no standing water on Wildcat Drive.
Council Member Slavik inquired about the difference in prices for driveways
on the projects, noting that the price on River View Trail was $4.05 s.f. and
$4.86 for Wildcat/Teague Lane.
Mr. Smith explained that the property owners pay 100%_ of the cost of
driveways, and they are subject to the price that the low bidder submitted,
since this is a unit price contract.
Mr. Doegey called as his next witness Mr. George Paraskevas, appraiser.
Through questioning of the witness, Mr. Doegey ascertained that Mr.
Paraskevas is a licensed real estate broker and appraiser and that he has worked
in that capacity for 14 years. He further ascertained that Mr. Paraskevas is
thoroughly familiar with real estate values in the City, both residential and
commercial; he is familiar with the project, since he has examined each and
every piece of property included in the project; and he is familiar with the
assessment roll.
Minutes
Regular Council Meeting
February 26, 1985
Page 14
Mr. Paraskevas described the present conditions in the areas under
consideration, and stated that each piece of property will be enhanced at least
in the amount of the assessment. Mr. Paraskevas further testified that there
are irregular and pie shaped lots, and those too will be enhanced at least in
the amount of the assessment.
Mayor Jones called for comments from the audience and there was no
response.
A motion was made by Council Member Mendez that the hearings be closed,
seconded by Mayor Pro Tem Turner, and passed unanimously.
* * * * * * * * * * * * *
Mayor Jones announced the public hearings on the following zoning cases:
26. Application No. 185-18, First Preferred Development: For a change in
zoning from "AT" Apartment Tourist District to "B-4" General Business
District on Lots 7, 9, and 11, Block 73, Brooklyn Subdivision, located on
the southwest corner of Gulden Street and Seagull Boulevard.
Assistant City Manager Utter stated that in response to the two notices
mailed, one was returned in favor and none in opposition. He stated that the
Planning Commission and Planning Staff recommend approval.
Mr. Larry Wenger, Director of Planning, showed slides of the vicinity,
displayed the area on the zoning and land use map, and described the land use in
the surrounding area.
Mayor Jones called for comments from the audience and there was no
response.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Berlanga, and passed unanimously.
Acting City Secretary Zahn polled the Council for their vote on the
ordinance effecting the zoning change and the following was passed:
ORDINANCE NO. 18718
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF FIRST PREFERRED DEVELOPMENT BY
CHANGING THE ZONING MAP IN REFERENCE TO LOTS 7, 9 AND 11, BLOCK 73, BROOKLYN
SUBDIVISION FROM "AT" APARTMENT TOURIST 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, Mendez, McComb, and Slavik
voting "aye"; Turner and Guerrero absent at the time the vote was taken.
* * * * * * * * * * * * *
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February 26, 1985
Page 15
Application No. 185-20, Nueces Development Company: For a change in zoning
from "A-1" Apartment House District to "R -1C" One -family Dwelling District
on a tract of land being 11.269± acres out of a 41.31 acre tract of land
out of Gregorio Farias Grant, located east of U.S. Highway 77, between
Brookside and Brookhill Drives south of Oglethorpe Drive.
Mr. Utter informed the Council that 19 notices were mailed; three were
returned in favor; and one in opposition was returned. He stated that the
Planning Commission and Planning Staff recommend approval.
Mr. Larry Wenger, Director of Planning, showed slides of the vicinity,
displayed the area on the zoning and land use map, and described the land use in
the surrounding area.
There were no comments from the audience on this zoning change.
A motion was made by Council Member Kennedy that the hearing be closed,
seconded by Council Member Brown, and passed unanimously.
Mrs. Slavik noted that at the Planning Commission meeting, several people
were opposed because the lots were too small.
Mr. Wenger stated that this zoning change reduces the density from 21 units
per acre to 9 units per acre.
Acting City Secretary Zahn polled the Council for their vote on the
ordinance effecting the zoning change and it passed as follows:
ORDINANCE NO. 18719
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF NUECES DEVELOPMENT COMPANY BY
CHANGING THE ZONING MAP IN REFERENCE TO COUNTRY ESTATES UNIT 11, FROM "A-1"
APARTMENT HOUSE 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, Mendez, McComb, and Slavik
voting "aye"; Turner and Guerrero absent at the time the vote was taken.
* * * * * * * * * * * * *
28. Application No. 185-14, Corpus Christi TELCO Credit Union: For a change in
zoning from "AB" Professional Office District and and "R -1B" One -family
Dwelling District with a "SP" Special Permit to "B-1" Neighborhood Business
District on Lots 1 and 2, Delwood No. 3, located on the east side of
Kostoryz Road, between Corta Street and Olsen Drive.
Mr. Utter stated that in response to the 38 notices mailed, one was
returned in favor, and eight in opposition. He stated that the Planning
Commission and Planning Staff recommend denial of "B-1" and in lieu thereof
grant "AB" on Lot 2 and a special permit on both lots for a credit union. He
Minutes
Regular Council Meeting
February 26, 1985
Page 16
stated that basically, the credit union wants to add a drive-in facility and
they will have to replat, noting chat this is somewhat of a technical case. Mr.
Utter then provided the Council with copies of the site plan.
Mr. Larry Wenger, Director of Planning, showed slides of the vicinity,
displayed the area on the zoning and land use map, and described the land use in
the surrounding area.
Mr. Wenger explained that the credit union plans to install a drive-in
facility; there will be no access to Kostoryz or Corta Street; access will be on
Olsen Street; the site plan submitted takes advantage of the existing drives;
and one additional lane will be installed.
Mr. Utter, responding to Mrs. Slavik's questions regarding the opposition,
stating that traffic congestion was a concern, and also a business district in a
neighborhood.
Mr. Utter stated that a drive-in should not increase the traffic, as it
would facilitate movement in and out of the credit union. He observed that
possibly the opposition was concerned about a business district, not a special
permit, but he could not speak for the opposition.
Council Member Guerrero noted that the neighbors were concerned that if the
property was rezoned and then sold, undesirable businesses could locate there,
and Mayor Jones noted that a special permit would protect the neighborhood from
that happening.
Mr. Bland Simmons, President, TELCO Credit Union, stated that in 1978 the
credit union purchased the property which had been operated as a credit union
for city employees and teachers 15 years prior to that time. He stated that
they have merged with Nueces Industrial Credit Union and that has increased
their membership to a total of 6,650. He stated that for the last five years,
1,800 square feet was leased by an insurance company; the lease has been
terminated; and the customers of the insurance company are no longer being
served at that facility.
Mr. Simmons summarized his remarks by stating that the credit union wants
to install a drive-in facility; this would reduce the traffic in the area; the
proposed renovation will upgrade the facility; and it will add value to the
community.
Mr. Ben Montes, 1553 Casa de Oro, presented a petition containing 14
signatures to the Council opposing the zoning change. He expressed opposition
Co the change for a number of reasons, mainly traffic congestion, safety for the
children in the area, and cars parking on residential streets. He informed the
Council that TELCO expanded their facility and installed a parking lot, at which
time they removed some landscaping.
Mayor Jones provided Mr. Montes with a copy of the site plan.
Council Member Mendez explained to Mr. Montes that the Council is
considering a special permit, not a change in zoning.
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February 26, 1985
P -age 17
Council Member McComb stated that the site plan shows no exit on to Corta
Street, and possibly "no parking" signs could be erected on Olsen and a "no left
turn" sign could be erected at the entrance and exit onto Olsen Drive.
Mr. Utter stated that the staff would recommend that parking be allowed on
Olsen on one side of the street, because the residents park there, but otherwise
they agree with Mr. McComb's suggestion.
Mr. Utter suggested that both lots could be granted a special permit.
Council Member Guerrero explained to Mr. Montes that if a special permit
is granted and the property is sold, it would revert to "R -1B", which would
protect the residents, and Mr. Montes stated that this would be agreeable.
Mayor Pro Tem Turner stated that a special permit should be given for the
upper half of the property, and inquired if "AB" zoning allowed for financial
institutions.
Mr. Wenger explained that credit unions have become more of a banking
facility and are more "8-4" type business, but they are operating under "AB"
now.
Mrs. Turner inquired if the special permit could require some type of
landscaping on the side facing Corta Street.
Mr. Utter stated that it could require landscaping on Corta and Olsen. He
explained that on Olsen Street there is a median, but explained that the site
plan could require that a bumper screen be planted along Corta Street. He
stated that there would be no problem with planting in the right-of-way as long
as the City is not liable.
Mayor Jones suggested that the Council delay this case for one week in
order to change the site plan to reflect landscaping.
Mr. Simmons expressed the opinion that the Board of Directors of the Credit
Union would be happy to consider any plan brought forth by the Council. He
informed the Council that the Board is cognizant of the local community; there
is a 7' fence which separates Corta Street from the credit union; a 6' wooden
fence exists on the back side of the credit union; but the Board would be happy
CO consider what the Council wants on the site plan.
Council Member Kennedy suggested that the site plan be changed to reflect a
bumper screen on Corta Street and that the site plan be approved by the staff.
Council Member Kennedy then made a motion that the requested zoning of
"8-1" be denied, but in lieu thereof approve an amended site plan for a special
permit, to be brought forward next week, seconded by Council Member Mendez.
Council Member Berlanga inquired if cars park along Olsen Street, and Mr.
Montes stated that they do.
Minutes
Regular Council Meeting
February 26, 1985
Page 18
Council Member Berlanga trade a motion that this be tabled for one week and
that Mr. Montes ask the other neighbors to provide input on this at that time;
seconded by Council Member Guerrero.
The motion failed to pass by the following vote: Berlanga, Guerrero, and
Slavik voting "aye"; Jones, Turner, Brown, Kennedy, McComb, and Mendez voting
"no."
Mr. Simmons stated chat they have already addressed the traffic problem;
they have adequate offsite parking; and he feels the drive-in will improve the
problem.
A motion was made by Council Member Kennedy that the hearing be closed,
seconded by Mayor Pro Tem Turner and passed unanimously.
After further discussing the alternatives available, a motion was made by
Council Member Mendez that the zoning change from "AB" and "R -1B" with "SP" to
"B-1" be denied, and in lieu thereof grant a revised special permit for Lots 1
and 2, Delwood Addition No. 3 in accordance with the site plan submitted, and
the site plan be amended to provided for a bumper screen along Corta Street; "No
Left Turn" signs be erected at the driveway entrance and exit onto Olsen Drive;
and "No Parking" signs be erected along the north side of Olsen Drive adjacent
to the Credit Union.
The motion was seconded by Mayor Pro Tem Turner.
Mr. Utter informed the Council that the 20% rule will be in effect when the
ordinance is considered next week, as a result of the petition presented by Mr.
Montes.
The motion made by Mr. Mendez passed by the following vote: Jones, Turner,
Brown, Kennedy, Guerrero, Mendez, McComb, and Slavik voting "aye"; Berlanga
voting "no."
Mayor Jones noted that the Council had unfinished business to consider from
the the Workshop Meeting.
A motion was made by Mayor Pro Tem Turner that Dr. Howard Tirschwell be
appointed as Chairman of the Yokosuka, Japan Sister City Committee, seconded by
Council Member Slavik, and passed by the following vote: Jones, Turner, Brown,
Kennedy, Mendez, McComb, and Slavik voting "aye"; Berlanga and Guerrero absent
at the time the vote was taken.
City Manager Martin reminded the Council of the Special Meeting on
Thursday, February 28, 1985 at 10:00 a.m., and stated that this meeting would
probably last approximately 30 minutes.
Mr. Martin stated that Dr. Maria Luisa Garza would like to make a
presentation on the La Raza Runaway Shelter on either March 12 or March 19.
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February 26, 1985
Page 19
The Council agreed with
should be allowed 15 minutes
Mr. Martin inquired if
the Council concurred.
this request, and Mr. Mendez stated chat Dr. Garza
to speak.
the staff could schedule this on either date, and
* * * * * * * * * * * * *
Mayor Jones called for petitions
from the audience.
Mr. Hal Wasson presented Mayor Jones with a caricature drawing of the
Mayor. He stated that this was drawn by Mr. Herman Gutierrez, and the Mayor
asked Mr. Wasson to thank Mr. Gutierrez for the drawing.
There were no further comments from the audience.
Mayor Jones called for discussion of current concerns.
Council Member Kennedy requested that the Tourist Bureau and Hotel Motel
Association be scheduled in two weeks to make a presentation during the morning
workshop meeting.
Council Member Berlanga referred to the charge of $10 for school children
to participate in the Park and Recreation summer programs, and Mr. Utter stated
that the fee covers various activities.
Mayor Jones suggested that Mr. Utter provide a report on the fees.
Council Member Slavik referred to the bid award on street construction
material that was made on January 29, 1985. She stated that the staff had hired
a consultant to evaluate the bids, buc the report was not received until January
28, 1985. She then requested that the cost evaluation be refigured.
Mayor Jones stated that he met with the Berry's yesterday and asked them to
provide the Council with a letter; when that letter is received, the Council
will then decide if the staff should refigure the evaluation.
Mrs. Slavik referred to the report and asked how long it was, and Mr.
Martin stated the Council was provided copies of the report.
Council Member Kennedy reminded Mrs. Slavik that the Council had received
correspondence from Gifford -Hill & Company in which they state they have no
questions in the manner in which the bids were handled for street material.
Council Member Slavik responded that Gifford -Hill had made a mistake in
their bid.
Mayor Jones asked Mrs. Slavik if she could wait until Mr. Berry had written
the Council before bringing this matter up again, and Mrs. Slavik agreed.
Minutes
Regular Council Meeting
February 26, 1985
Page 20
Council Member McComb suggested that a reverse osmosis unit be used to
remove the salt that had accumulated in the golf course grass as a result of
watering with effluent.
Mr. Utter stated that he would investigate this possibility.
Mr. McComb mentioned chat in order for the Council to be familiar with all
City departments, a program could be initiated so that the Council could visit
the different offices, possibly on a quarterly basis, as a part of the Council
Workshop Meeting.
Mayor Jones stated that the Council would have to devote a lot of time to
do this, and if this is the done, the Council would have greater respect for the
different City departments.
Mr. Martin expressed the opinion that this would be an excellent idea, and
the Council indicated their concurrence.
In response to Mr. McComb's question regarding the status of City Hall, Mr.
Martin stated that demolition is progressing, but the project is behind
schedule. He informed the Council that the City would receive bids on the
project some time in May, with the actual contract let in June. Mr. Martin
reflected that the Council could conduct the groundbreaking at any time,
however.
A motion was made by Council Member Kennedy that groundbreaking ceremonies
for the new City Hall be conducted before April 23, 1985, seconded by Mayor Pro
Tem Turner and passed unanimously.
Council Member McComb inquired as to why CCISD does not have an agreement
with the City for the junior high schools to use the golf courses, and Mr.
Martin stated that CCISD would need to approach the City in that respect.
Mr. Utter offered co obtain a report on that matter.
Council Member Guerrero referred to Homeport, and stated that since the
City is now waiting for the Navy to make a decision, he would like the City to
hold a city-wide rally at Miller Stadium in favor of homeport. He suggested
that the Chamber of Commerce get involved in this idea and possibly a performer,
for instance Tom Jones, could be the drawing card for the event. He expressed
the opinion that this would bring both national and local media attention to the
fact that Corpus Christi wants homeport.
The Council concurred with this idea; Mayor Pro Tem Turner made a motion
that this suggestion be submitted to the Chamber of Commerce Military Affairs
Committee; seconded by Council Member Guerrero, and passed unanimously.
Council Member Berlanga agreed with Council Member McComb's suggestion that
the Council visit the different City departments, stating that this is an
excellent idea and could possibly be done during workshop meetings.
Mayor Pro Tem Turner asked for an update on the Tex-Mex Railroad Depot.
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February 26, 1985
Page 21
Mr. Utter stated that lie has received a report from the engineer on the use
of the warehouse; the report indicates that it would be very expensive; it
probably cannot be used; and he stated that a possible alternative would be CO
move a building on site or construct a new building.
There being no further business to come before the Council, on motion by
Council Member Guerrero, seconded by Mayor Pro Tem Turner and passed
unanimously, the meeting was adjourned at 5:15 p.m.
/tkd