HomeMy WebLinkAboutMinutes City Council - 04/02/1985Present:
*Mayor Luther Jones
Mayor Pro Tem Betty N.
Council Members:
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
APRIL 2, 1985
2:00 P.M.
Turner
David Berlanga, Sr.
Welder Brown
Leo Guerrero
**Dr. Charles W. Kennedy, Jr.
Joe McComb
Frank Mendez
***Mary Pat Slavik
Hall.
City Manager Edward A. Martin
City Attorney J. Bruce Aycock
City Secretary Armando Chapa
Mayor Jones called the meeting to order in the Council Chamber of City
The invocation was given by Council Member Welder Brown, following which
the Pledge of Allegiance to the Flag of the United States was led by Council
Member Joe McComb.
City Secretary Armando Chapa called the roll and verified that a quorum of
the Council and the necessary Charter Officers were present to conduct a legally
constituted meeting.
Mayor Jones recognized Council Members Leo Guerrero and Frank Mendez who
presented a proclamation to Mr. Steven DeLeon, a Ray High School student who is
8th in his class at that school and who was one of 200 students in the State of
Texas to be selected to attend the legislative seminar in Austin.
* * * * * * * * * * * *
Mayor Jones then administered the Oath to Mr.
City Secretary for the City of Corpus Christi.
Mayor Jones then recognized several employees
Department, including Sisu Morris and Linda Hodges,
the City Council to attend the Third Annual Beach
Saturday, and Sunday, April 12, 13, and 14, 1985.
be held at the Beach Party, including a ride for
Christi Beach in antique automobiles on Tuesday, at
Armando Chapa who is the new
of the Park and Recreation
who issued an invitation to
Party to be held on Friday,
They explained the events to
the City Council to Corpus
11:30 a.m.
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
April 2, 1985
Page 2
Mayor Jones called for consideration of Board and Committee appointments
and reviewed those that were discussed during the morning workshop meeting.
A motion was made by Mayor Pro Tem Turner that the following appointments
be confirmed, seconded by Council Member Guerrero and passed unanimously:
a. Building Standards Board: Term:
Wm. "Bill" Cohen (member -at -large) (Reappt.) 3-03-88
b. Nueces County Tax Appraisal District:
J. Edmond (Ed) Jackson (Place 4) 12-31-85
c. Airport Advisory Board:
Willard Hammonds 4-04-88
Ruben Perez (reappointment) 4-04-88
Homer Andrews, Jr. 4-04-88
Hayden Head (non-voting, Emeritus Member)
* * * * * * * * * * * * *
Mayor Jones then referred to the emergency posting in regard to the
appointment of several new Department and Division Heads and called for
consideration of a resolution confirming the appointments by the City Manager of
the following: 1. Irma Caballero to the position of Director of Jobs Training
2. Thomas M. Gordon to the position of Parks Superintendent 3. Herbert Canales
to the position of Director of Libraries.
Mayor Pro Tem Turner pointed out that all of these individuals are
employees who have worked in the departments and who have been promoted from
within which she felt was very appropriate.
City Secretary Chapa then called the roll for the Council's vote on the
following resolution which was passed:
RESOLUTION NO. 18767
CONFIRMING THE APPOINTMENTS BY THE CITY MANAGER, PURSUANT TO THE CITY CHARTER,
ARTICLE III, SECTION 3, OF IRMA CABALLERO, THOMAS M. GORDON, AND HERBERT
CANALES; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing resolution passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, Mendez, McComb, and
Slavik voting "aye"; Kennedy absent.
*Mayor Jones departed the meeting at 2:20 p.m. and requested that Mayor Pro
Tem Turner preside.
* * * * * * * t * *,* *
Minutes
Regular Council Meeting
April 2, 1985
Page 3
Mayor Pro Tem Turner called for consideration of the Consent Motions on the
following items:
1. Approval of specifications and authorization to receive bids April 24,
1985, for a trench box shoring system to be used by Wastewater Services.
This item is included in the 1984-85 Capital Outlay Budget, estimated at
$12,000.
2. Approval of specifications and authorization to receive bids April. 24,
1985, for a word processor/typeset front-end system for the Information
Services Department. This equipment is included in the 1984-85 Revenue
Sharing Budget, estimated at $10,780.
3. Approvalof specifications and authorization to receive bids April 24,
1985, for a twelve month supply agreement, with option to extend for an
additional twelve months subject to the approval of the supplier and the
City Manager, or his designee, for water meter parts for the Water
Division. Bidders will be asked to bid a percentage of discount from their
published price list. Estimated expenditure is $51,000.
4. Approving the purchase of a trailer mounted pump and well point system for
the Wastewater Services Division from Moretrench American Corporation in
the amount of $17,778.79, on the basis of low bid. Six bid invitations
were issued with two bidders responding. (SIX AFFIRMATIVE VOTES REQUIRED
TO PASS)
5. Approving the purchase of a custom deluxe quintuplet fire truck from
Seagraves Fire Apparatus for the amount of $276,956, based on low bid.
Seven bid invitations were issued and three bids were received. (SIX
AFFIRMATIVE VOTES REQUIRED TO PASS)
6. Approving a twelve month supply agreement, with option to extend for an
additional twelve months, at the same terms and conditions, subject to the
approval of the supplier and the City Manager, or his designee, for HFRS-S
emulsion asphalt oil, based on only bid, to Texas Emulsions, Inc., for
$292,500 for use by the Street Division. Price has increased 7.5% since
last contract December, 1983. Eight bid invitations were issued and one
bid received. (SIX AFFIRMATIVE VOTES REQUIRED TO PASS)
Council Member Mendez referred to item 6 and inquired if the one bid
received was competitive, and City Manager Martin stated that the staff feels
that it is since the amount of the contract is less than the State of Texas is
paying for the same item.
7. A condemnation settlement with Thelma Nelson Knowles, et al, for the
acquisition of a parcel of land (11319) located on Timon Boulevard between
Bryan and Woodrow Streets for the Corpus Christi Beach Park Sites project
be approved.
8. An agreement be approved with Sherrod Construction Company providing for
the City obtaining an 88 foot wide drainage easement from a 20 acre tract
east of the proposed River Ridge Subdivision on F.M. 624. The easement is
Minutes
Regular Council Meeting
April 2, 1985
Page 4
necessary as part of the offsite drainage channel for this subdivision, and
all acquisition costs for the easement would be borne by the developer.
(SIX AFFIRMATIVE VOTES REQUIRED TO PASS)
9. A contract in the amount of $7,465.05 be awarded to Stefek Construction
Company for the Parkdale Branch Library Concrete Walk Repairs. This
project provides for the removal and replacement of settled and damaged
sections of walk along with pressure grouting of additional settled areas
at the entrance to the library building. Funds for this work are included
in the current Library Operating Budget. (SIX AFFIRMATIVE VOTES REQUIRED
TO PASS)
10. Approving agreements between the City and the State Department of Highways
and Public Transportation and the Texas Mexican Railway Company pertaining
to the removal and replacement of the drainage structure in Highway 44 at
Clarkwood Road. This work is a portion of the storm sewer outfall for the
McNorton Subdivision and is also designed to provide ultimate drainage
needs for an approximate 4,650 acre drainage area north of Highway 44.
(SIX AFFIRMATIVE VOTES REQUIRED TO PASS)
Council Member Mendez requested staff comments on item 10.
Mr. James K. Lontos, Assistant City Manager, explained that this particular
item deals with percentages of drainage that will go under Highway 44, pointing
out that the portion under Highway 44 will be paid for at the expense of the
State except for 3% which is the percentage of water that the City diverted back
from the Turkey Creek area, and the rest of the cost will be at the City's
expense.
City Manager Martin elaborated further by stating that this is the major
step primary to a number of things that will occur to improve the drainage and
this particular project needs to be worked out in order to improve other
drainage in the area.
11. The Corpus Christi Beach Parking Lot Improvement project be accepted and
final payment of $222,207.75 be authorized to King Construction Company.
The total cost of this project, $227,990.25, is being funded by a matching
grant from the Texas Parks and Wildlife Department and 9th Year Community
Development Block Grant Funds. (SIX AFFIRMATIVE VOTES REQUIRED TO PASS)
12. Authorizing the City Manager to enter into a revocable easement agreement
between Spohn Hospital and the City of Corpus Christi, permitting four
hospital information signs previously erected to remain in the public
right-of-way on Elizabeth and Ayers Streets. (SIX AFFIRMATIVE VOTES
REQUIRED TO PASS)
13. The following actions be taken on the Bowie-Crockett-Larcade Street
Improvement project:
a. The contractor be granted a 19 -day time extension against a 41 -day
time overrun due to utility and testing delays beyond the contractor's
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Regular Council Meeting
April 2, 1985
Page 5
control, and he be charged liquidated damages for the remaining 22
days at the rate of $100 per day for a total of $2,200.
b. The project be accepted and final payment of $28,047.57 be authorized
to Maverick Construction Company.
The total cost of this 1982 Voluntary Paving Street Reconstruction Project
was $198,790.85. (SIX AFFIRMATIVE VOTES REQUIRED TO PASS)
Council Member Guerrero referred to item 11 and inquired if this completes
the parking lots on Corpus Christi Beach, and Assistant City Manager Tom Utter
replied affirmatively.
**Council Member Charles Kennedy arrived at the meeting during the
consideration of the consent motions.
Mayor Pro Tem Turner asked if there were comments from the audience
regarding items 1 thru 13. There were none.
A motion was made by Council Member Mendez that the Consent Motions, items
1 through 13, be approved; seconded by Council Member Brown; and passed by the
following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, and Mendez
voting "aye"; Jones and Slavik absent at the time the vote was taken.
* * * * * * * * * * * *
A motion was made by Council Member Guerrero that the minutes of the
Regular Council Meeting of March 26, 1985 be approved; seconded by Council
Member Brown; and passed unanimously by those present and voting.
* * * * * * * * * * * *
Mayor Pro Tem Turner called for consideration of the Consent Ordinances and
ordinances from previous meetings on items 14 through 27.
Council Member Berlanga referred to Ordinance 17, in regard to the
Miscellaneous Street Improvement project, and inquired about other streets in
the area that were not included in this project.
Assistant City Manager Lontos explained that the streets mentioned were not
included in this program, but if petitions for improvements of the streets
through the Voluntary Paving Program have been received, they could be included
in the next bond election.
Council Member Mendez referred to Ordinance 21, which amends the zoning
ordinance on the application of Mr. Harold Kronke to grant a special permit for
a 196 -unit apartment complex, and urged approval of this item.
City Manager Martin pointed out that although the agenda did not indicate
it, the 20% rule is in effect on this particular ordinance, which will require 7
affirmative votes of the Council to approve.
Minutes
Regular Council Meeting
April 2, 1985
Page 6
Council Member Berlanga again referred to item 17 and inquired about the
increase in the total cost of the contract.
Mr. Lontos explained that the contract award for the project was in the
amount of $357,221.50; there were some overruns which increased the total by
$12,540 in change orders; and the total final contract amount was $369,761.65.
He stated that a portion of that increase will be assessed against the property
owners, particularly if they requested an increase in the size of their
driveways.
There were no additional questions from the Council on the Consent
Ordinances and Mayor Pro Tem Turner called for comments from the audience.
Mr. W. E. Webb, 1812 Wildwood, referred to Ordinance 21, which grants a
special permit on the zoning application of Mr. Harold Kronke, and inquired if a
rent value had been determined on the apartment units to be constructed.
Assistant City Manager Utter presented to the Council copies of the site
plan that had been submitted by the applicant.
In response to Mr. Webb's question, Mr. Les Bell, representing the Steve
Shipman Co., explained that the rent values for the apartment complex will be
$325 for a one -bedroom apartment, up to $550 for larger ones.
Mr. Webb expressed the opinion that this will be accepted by the community.
He noted that there is a landscape buffer on Japonica Drive, but he was of the
opinion that the site plan should include a landscape buffer along Up River Road
to screen the proposed project from the single-family dwellings across the
street.
Mr. Utter explained that when the staff received the site plan, Mr. Webb
was called into the office to examine it. He stated that the site plan has been
reviewed and the staff feels that it is much better than the plan originally
submitted, primarily because of the attractive buffer of greenspace that has
been added.
He explained that the developer has been very cooperative with the
residents in the neighborhood and he felt sure that the developer would be
willing to install landscaping along the project area adjacent to Up River Road.
***Council Member Slavik arrived at the meeting at 2:40 p.m.
Mayor Pro Tem Turner inquired if the developer would assure the residents
of the neighborhood that they will establish buffer areas on Up River Road also.
The representative of the applicant indicated that this would be done.
Council Member Mendez expressed the opinion that the proposed apartment
complex with 196 units is probably the best possible use of this land.
City Manager Martin interjected that if the Council planned to ask the
doper to install landscaping, the site plan could be amended to include
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Regular Council Meeting
April 2, 1985
Page 7
that.
Mrs. Sue Graham, referring to the same ordinance, inquired as to what could
be done to improve the condition of Up River Road.
City Manager Martin explained that consideration should be given to such a
project and it could be presented to the Planning Commission and the City
Council to be considered as a part of the next bond election. He also stated
that the residents of that street could initiate a petition to request street
improvements through the voluntary paving program.
Mrs. Susan Elbling, 1802 Coleman Street, addressed the Council in regard to
the third reading of the amending ordinance to establish a new level of service
and a new schedule of rates for cable television service by Athena Cablevision
of Corpus Christi, Inc. She stated that a large group of "Star Trek" devotees
objected to the plan to cancel KHTV or Channel 39 and substitute a Dallas
television station programming. She stated that they did not feel that the
Dallas station has comparable programs because it does not show "Star Trek."
She presented a petition to the City Council containing 314 signatures
expressing opposition to the plan to discontinue showing "Star Trek." She
mentioned the fact that it was very difficult to obtain the signatures and also
pointed out that the news story has gone out on the national media.
Ms. Beverly Martin stated that the Dallas station proposed to be
substituted does not begin to compare with the programming shown on KHTV.
Ms. Rene Smith, 4526 Mokry, stated that she too is a "Star Trek" fan and
urged that the Council insist that Athena retain that station.
Mr. Randy Grimes, Area Manager for Athena Cablevision of Corpus Christi,
Inc., suggested that if there are enough people who are interested in "Star
Trek", he wondered why they had not presented petitions to the three local T.V.
stations. He questioned why the local networks do not carry the showing of
"Star Trek" and suggested that the petition presented be forwarded to United
Video in Tulsa, Oklahoma. He also pointed out that there is no assurance now
that Channel 39 would continue to show "Star Trek" anyway.
Ms. Martin informed the Council that all three local stations had already
been contacted in regard to this.
Mrs. Elbling stated that they had also contacted the Dallas station and had
no success in getting "Star Trek" shown on that station.
There were no further comments on the ordinances; City Secretary Chapa
polled the Council for their votes, noting that Ordinance 21 would be voted upon
according to a revised site plan; and the following ordinances were passed:
14. ORDINANCE NO. 18768
AMENDING ORDINANCE NO. 18072 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL
ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS:
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Regular Council Meeting
April 2, 1985
Page 8
Bowie and Crockett Streets and Larcade Drive
1. Bowie Street, from Sokol Drive approximately 700 feet southerly to Deadend,
2. Crockett Street, from Sokol Drive approximately 700 feet southerly to
Deadend, and
3. Larcade Drive, from South Padre Island Drive southerly 487 linear feet to
existing improvements in Ventura Plaza Subdivision;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following vote:
Turner, Brown, Guerrero, Kennedy, Mendez, McComb, and Slavik voting "aye"; Jones
and Berlanga absent at the time the vote was taken.
15. ORDINANCE NO. 18769
AMENDING ORDINANCE NO. 18224 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL
ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS:
Annaville Area No. 1
1. Forrest Hill Lane, from Violet Road to Birdwood Lane, and
2. Redbud Bud Drive, from Japonica Drive to Dead End.
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following vote:
Turner, Brown, Guerrero, Kennedy, Mendez, McComb, and Slavik voting "aye"; Jones
and Berlanga absent at the time the vote was taken.
16. ORDINANCE NO. 18770
AMENDING ORDINANCE NO. 17754 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL
ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS:
1. U.S. Highway 77 Frontage Roads, from 2,000 feet south of F.M. 624 to 2,600
feet north of F.M. 624;
2. F.M. 624, 400 feet westerly from U.S. Highway 77;
3. Up River Road, from U.S. Highway 77 to Hearn Road; and
4. Hearn Road, from Up River Road to Hearn Road cul-de-sac;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following vote:
Turner, Brown, Guerrero, Kennedy, Mendez, McComb, and Slavik voting "aye"; Jones
and Berlanga absent at the time the vote was taken.
17. ORDINANCE NO. 18771
APPROPRIATING $10,300 OUT OF THE NO. 220 STREET BOND FUND FOR PAYMENT TO
MAVERICK CONSTRUCTION COMPANY AND GULF COAST TESTING CORPORATION FOR ADDITIONAL
ENSES INCURRED DURING THE COURSE OF MISCELLANEOUS STREET IMPROVEMENTS; AND
,ARING AN EMERGENCY.
Minutes
Regular Council Meeting
April 2, 1985
Page 9
The Charter Rule was suspended and the ordinance passed by the following vote:
Turner, Brown, Guerrero, Kennedy, Mendez, McComb, and Slavik voting "aye"; Jones
and Berlanga absent at the time the vote was taken.
18. ORDINANCE NO. 18772
AMENDING ORDINANCE NO. 18054 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE
FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS:
Dalraida, Hollywood Terrace and Sherman
Street Improvements and Mokry Drive Sidewalks
1. Dalraida Street, from Carroll Lane to Dakin Place,
2. Hollywood Terrace, from Gollihar Road to Horne Road,
3. Sherman Street, from Prescott Street to Vestal Street, and
4. Mokry Drive, sidewalks only, from McArdle Road to South Padre Island Drive;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following vote:
Turner, Brown, Guerrero, Kennedy, Mendez, McComb, and Slavik voting "aye"; Jones
and Berlanga absent at the time the vote was taken.
19. ORDINANCE NO. 18773
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCELS 20a AND 20b IN CONNECTION WITH THE PURDUE ROAD STREET IMPROVEMENTS,
PHASE II PROJECT; APPROPRIATING $15,000; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following vote:
Turner, Brown, Guerrero, Kennedy, Mendez, McComb, and Slavik voting "aye"; Jones
and Berlanga absent at the time the vote was taken.
20. ORDINANCE NO. 18774
APPROPRIATING $51,113 OUT OF NO. 210-83-1 NEW CITY HALL FACILITIES FOR THE
SETTLEMENT OF A CONDEMNATION APPEAL FOR PARCEL 9 OF THE CITY HALL SITE
PROJECT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following vote:
Turner, Brown, Guerrero, Kennedy, Mendez, McComb, and Slavik voting "aye"; Jones
and Berlanga absent at the time the vote was taken.
21. ORDINANCE NO. 18775
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF HAROLD KRONKE BY GRANTING
A SPECIAL COUNCIL PERMIT FOR A 196 UNIT APARTMENT COMPLEX ON A PORTION OUT
OF SURVEY 422, PEDRO HINOJOSA, ABSTRACT A-850; AND DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
April 2, 1985
Page 10
The Charter Rule was suspended and the ordinance passed by the following vote:
Turner, Brown, Guerrero, Kennedy, Mendez, McComb, and Slavik voting "aye"; Jones
and Berlanga absent at the time the vote was taken.
22. RESOLUTION NO. 18776
RELATING TO AMENDING THE ARTICLES OF INCORPORATION OF THE CORPUS CHRISTI
HOUSING FINANCE CORPORATION TO PROVIDE FOR A MORE ORDERLY SUCCESSION OF
DIRECTORS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following vote:
Turner, Brown, Guerrero, Kennedy, Mendez, McComb, and Slavik voting "aye"; Jones
and Berlanga absent at the time the vote was taken.
23. FIRST READING
AMENDING CHAPTER 6, ANIMAL CONTROL, SECTION 6-20, RESTRAINT, ARTICLE III,
OF THE CITY CODE OF ORDINANCES, PROVIDING FOR MAKING IT A VIOLATION FOR ANY
ANIMAL TO BE A PUBLIC NUISANCE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The ordinance was read for the first time, and passed to its second reading by
the following vote: Turner, Brown, Guerrero, Kennedy, Mendez, McComb, and
Slavik voting "aye"; Jones and Berlanga absent at the time the vote was taken.
24. SECOND READING
CLOSING AND ABANDONING THE 20 FOOT WIDE ALLEY IN BLOCK 73, BROOKLYN
ADDITION.
The ordinance was read for the second time, and passed to its third reading by
the following vote: Turner, Brown, Guerrero, Kennedy, Mendez, McComb, and
Slavik voting "aye"; Jones and Berlanga absent at the time the vote was taken.
25. SECOND READING
AMENDING CHAPTER 57, VEHICLES FOR HIRE, ARTICLE IV, AMBULANCE SERVICE;
DEFINING TERMS; PROVIDING PROCEDURES FOR THE LICENSING AND REGULATION OF
PRIVATE AMBULANCE SERVICES; ESTABLISHING FEES; PROVIDING FOR INSURANCE
REQUIREMENTS; ESTABLISHING A PROCEDURE FOR ENFORCEMENT AND APPEALS;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The ordinance was read for the second time, and passed to its third reading by
the following vote: Turner, Brown, Guerrero, Kennedy, Mendez, McComb, and
Slavik voting "aye"; Jones and Berlanga absent at the time the vote was taken.
26. SECOND READING
AN ORDINANCE DETERMINING THAT THE PRESENT FUEL FACTOR OF CENTRAL POWER AND
LIGHT COMPANY SET BY THE PUBLIC UTILITY COMMISSION OF TEXAS IS UNREASONABLE
IN DETERMINING A JUST AND REASONABLE FUEL FACTOR TO BE CHARGED BY CENTRAL
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Regular Council Meeting
April 2, 1985
Page 11
POWER AND LIGHT COMPANY WITHIN THE CORPORATE LIMITS; PROVIDING FOR
SEVERABILITY AND REPEAL OF CONFLICTING ORDINANCES.
The ordinance was read for the second time, and passed to its third reading by
the following vote: Turner, Brown, Guerrero, Kennedy, Mendez, McComb, and
Slavik voting "aye"; Jones and Berlanga absent at the time the vote was taken.
27. ORDINANCE NO. 18777
AMENDING ORDINANCE 13193, AS AMENDED BY ORDINANCE 18339 TO ESTABLISH A NEW
LEVEL OF SERVICE AND A NEW SCHEDULE OF RATES FOR MONTHLY CABLE TELEVISION
SERVICES BY ATHENA CABLEVISION OF CORPUS CHRISTI, INC.
The ordinance was read for the third time, and passed by the following vote:
Turner, Brown, Guerrero, Kennedy, Mendez, McComb, and Slavik voting "aye"; Jones
and Berlanga absent at the time the vote was taken.
* * * * * * * * * * * *
Mayor Pro Tem Turner called for action by motion on the following items
from the Regular Agenda:
29. Consideration of an appeal of a Building Standards Board Order for the
demolition of five (5) buildings at 2900 Industrial Street. Staff
recommendation is that the appeal be denied.
Mayor Pro Tem Turner suggested that this item be considered first and
referred to a letter received from Mr. James Martin, Attorney representing Mr,
Lester Lindley, owner of 2900 Industrial, in which he had requested that the
hearing of this appeal be delayed for one week until April 9, 1985.
City Manager Martin pointed out that the City Staff did not request this
hearing; the applicant did so; and it was promptly placed on the agenda after
his request was received. Mr. Martin referred to the fact that Mr. Martin had
indicated that he had only received seven days' notice, but the staff was of the
opinion that this was ample notice for him to prepare his case, since they were
the ones requesting the appeal to the Council.
After a short discussion, the Council decided to hear the case.
Mr. Ezequiel P. Elizondo, Director of Housing and Urban Development,
informed the Council that it is the recommendation of the staff that this appeal
be denied, Mr. Elizondo displayed slides which gave a graphic display of the
substandard conditions at 2900 Industrial.
Mr. Elizondo continued by informing the Council of the dates on which the
owners were first notified of the substandard conditions and code violations.
He pointed out that the original notice was sent on July 27, 1984, following
which no action was taken by the owners nor was a response received as a result
of the notice. He explained that on October 31, 1984, the notice required by
the ordinance was sent by certified mail to the owners, and on November 8, Mr.
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Regular Council Meeting
April 2, 1985
Page 12
and Mrs. Lindley had met with the Neighborhood Improvement staff and had agreed
to perform the necessary clean-up. He explained that at that time no agreement
was reached regarding the removal of the buildings. Mr. Elizondo stated that on
January 11 and 12, 1985, since no action was taken by the owners to correct the
violations, notices were published in the Corpus Christi Caller as required,
advising that any and all individuals having any interest in subject property
that code violations were present and if they were not corrected, the matter
would be referred to the Building Standards Board for resolution.
He stated that on February 11, 1985, notices of the Board hearing were
mailed to the owners and the Board hearing was published in the Corpus Christi
Caller on February 11 and 12. He explained that on February 22, 1985, the Board
unanimously adopted the staff's recommendation that the buildings should be
demolished according to the requirements of the Code of Ordinances. He stated
that it had been determined that the buildings at this address are a hazard and
a blight and that they are a health and safety hazard which endangers the
public.
Mayor Pro Tem Turner inquired as to how long the City had been aware of the
conditions at this address, and Mr. Elizondo explained that the complaint had
been referred to his department by the Police Department last summer. He
assured the Council that all requirements included in the Code had been
followed.
Mayor Pro Tem Turner inquired about the procedures to be followed if the
Council should deny this appeal, and Mr. Elizondo replied that notice would be
given to the owner that the buildings would be demolished and he will be sent a
statement for the cost of the demolition. He explained further that if the
demolition were not paid by the owner, a lien would be placed against the
property.
Also speaking in regard to this item was Father William Kinlough, a member
of the Building Standards Board, who stated that the Fire Department and the
Police Department have complained about the conditions and he was of the opinion
that the owners have received ample notice to attend this meeting. He stated
that the Board had voted unanimously to adopt the staff's recommendation in
regard to the demolition of the buildings. He encouraged the Council to deny
this appeal.
A motion was made by Council Member McComb that the appeal of the Building
Standards Board order for the demolition of five buildings at 2900 Industrial
Street be denied. The motion was seconded by Council Member Brown and passed
unanimously by those present and voting.
Mayor Pro Tem Turner then called for consideration of the following action
by motion:
28. Authorizing the City Manager to implement a Premium Only Plan and a
Hospital Pre -Certification Review Program to become effective May 1, 1985.
City Manager Martin informed the Council that the staff is proposing the
-emium only plan and a hospital precertification review program, administered
the James Health Risk Management Service, to be implen'nted May 1, 1985, in
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Regular Council Meeting
April 2, 1985
Page 13
an effort to enhance employee benefits. He explained that the benefit to the
employee will be realized because the plan will allow employees to make their
payments in pre-tax dollars rather than after-tax dollars, thus reducing the
employees' federal income tax and effecting an increase in take-home pay.
Mr. Martin continued and explained that the implementation of the hospital
precertification review program will effect a savings for the City and
subsequently the employee and it will entail a James Health Risk Management
Service representatives discussing with the participant's personal physician
each individual case to determine if alternatives to hospitalization or surgery
are possible.
Council Member Kennedy asked for additional examples of the method by which
the program will be operated and inquired if the City staff will be involved in
this program. He was assured by the City Manager that they would not. Dr.
Kennedy then explained to the other Council Members that when surgery is
imminent, the physician must contact James HAM, and City Manager Martin assured
the Council that there should be no waiting period for the employee/patient.
A motion was made by Council Member Mendez that item 28 be approved,
seconded by Council Member Brown and passed by the following vote: Turner,
Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik voting "aye"; Jones and
Guerrero absent at the time the vote was taken.
Mr. Martin then introduced Sylvia Mendez and Tom Duran who were
instrumental in preparing the program. He again stated that this will save
employees and taxpayers a great deal of money.
* * * * * * * * * * * * *
Mayor Pro Tem Turner called for consideration of action by ordinance on
item 30 from the Regular Agenda pertaining to parking regulation requirements
for marina.
Assistant City Manager Utter reminded the Council that this matter was
presented to them some time ago in the form of an amendment to the zoning
ordinance. He explained that at this time the parking regulations for marina
requires one parking space per boat slip, which the staff feels is excessive.
He stated that additional marinas are planned for construction in the area and
the staff had contacted several other states in regard to their regulations for
parking to serve marinas, and it had been determined that one-half a parking
space per wet boat slip is the normal requirement. He assured the Council that
this has been discussed with the Marina Board, and both the Planning Commission
and the Marina Board recommended that .5 parking spaces be required per boat
slip. He further explained that the dry boat storage for boats of 16 feet or
longer, which are not used as frequently as other boats, should not require more
than 1/4 a parking space per boat storage.
Mr. Utter further explained that the public hearing on this matter had
already been conducted and the hearing was closed. He stated that the staff now
recommends the following: private marinas - 1/2 of one parking space per wet
boat slip; 1/4 parking space each for dry storage of 16 foot or longer boats;
and in public marinas, 1/2 parking space for each wet boat slip. He stated that
these parking requirements would be in addition to the parking required for
restaurants, shops, etc.
Minutes
Regular Council Meeting
April 2, 1985
Page 14
Mayor Pro Tem Turner asked for comments from the audience regarding item
30. There were none.
City Secretary Chapa polled the Council for their vote on Ordinance 30 and
it passed as follows:
30. ORDINANCE NO. 18778
AMENDING ARTICLE 22, PARKING REGULATIONS, OF THE ZONING ORDINANCE TO REDUCE
THE PARKING REQUIREMENTS FOR MARINAS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following vote:
Turner, Berlanga, Brown, Kennedy, Mendez, McComb, and Slavik voting "aye"; Jones
and Guerrero absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Pro Tem Turner announced the public hearing on the following zoning
application:
31. Application No. 385-6, Terco Development, Inc.: for a change of zoning
from "R-2" Multiple Dwelling District, "R -1B" One -family Dwelling District,
and "B-1" Neighborhood Business District to "B-4" General Business District
on a parcel of land being 25± acres out of Survey No. 419, State Abstract
570, Patent No. 208, Nueces County, Texas, located at the southeast
intersection of McKinzie Lane and McKinzie Road.
Assistant City Manager Utter informed the Council that in response to the
10 notices of the public hearing, 2 in favor and 1 in opposition had been
returned, and that both the Planning Commission and Planning Staff recommend
approval.
No one in the audience spoke in opposition to this zoning application.
A motion was made by Council Member Kennedy that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
City Secretary Chapa polled the Council for their vote on the ordinance
effecting the zoning change and it passed as follows:
31. ORDINANCE NO. 18779
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF TERCO DEVELOPMENT, INC.
BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF SURVEY NO. 419,
STATE ABSTRACT 570, PATENT NO. 208, NUECES COUNTY, TEXAS FROM "R-2"
MULTIPLE DWELLING DISTRICT, "R -1B" ONE -FAMILY DWELLING DISTRICT, AND "B-1"
NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Turner, Berlanga, Brown, Kennedy, Mendez, McComb, and Slavik voting
"aye"; Jones and Guerrero absent at the time the vote was taken.
___nutes
Regular Council Meeting
April 2, 1985
Page 15
* * * * * * * * * * * * *
Mayor Pro Tem Turner called for the City Manager's Report and other items.
City Manager Martin reminded the Council that canvassing of the votes of
the April 6, 1985 election will be conducted next Monday morning, April 8, 1985,
at 8:30 a.m. during a Special Council meeting. He explained that the results
will be received in the City Secretary's Office on Saturday night and the
Convention Center will be utilized for tabulation of the votes for the media,
candidates, and the general public.
Mayor Pro Tem Turner called for petitions or information from
on matters not scheduled on the agenda, and there was no response.
There being
Council Member
unanimously, the
1985.
DZ/td
no further business to come before the Council,
Kennedy, seconded by Council Member Guerrero
Regular Council Meeting was adjourned at 3:35 p.
the audience
on motion by
and passed
m., April 2,