HomeMy WebLinkAboutMinutes City Council - 04/16/1985PRESENT:
Mayor Pro Tem Jack Best
Council Members:
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
ABSENT:
Mayor Luther Jones
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
APRIL 16, 1985
2:00 P.M.
City Manager Edward A. Martin
City Attorney J. Bruce Aycock
City Secretary Armando Chapa
Mayor Pro Tem Jack Best called the meeting to order in the Council Chamber
of City Hall. He informed the members of the audience that Mayor Jones was ill
with pneumonia.
The invocation was given by Council Member Bill Pruet, 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 the
necessary quorum of the Council and the required Charter Officers were present
to conduct the meeting.
Mayor Pro Tem Best called for consideration of the Minutes of the Regular
Council Meetings of April 9, 1985.
Council Member Mary Pat Slavik made a correction to the Minutes on the
first page, 3rd paragraph from the bottom in which a motion was made by Council
Member McComb. She stated that the motion was seconded by Council Member Slavik
rather than Council Member Strong.
MICROFILMED
Minutes
Regular Council Meeting
April 16, 1985
Page 2
A motion was made by Council Member David Berlanga that the minutes be
approved as corrected, seconded by Council Member Guerrero and passed
unanimously.
Mayor Pro Tem Best then administered the oath to the following new
appointments to Boards and Committees: Airport Advisory Board, Mr. Willard
Hammonds and Mr. Homer Andrews, Jr.; Nueces County Tax Appraisal District, Mr.
J. Edmond Jackson.
Mayor Pro Tem Best announced the bid opening on the following engineering
project:
Exposition Hall Demolition: except for the restrooms which serve Memorial
Coliseum, wherein a new roof will be provided for these restrooms. In
addition, the electrical service for the Coliseum, which is in Exposition
Hall, will be moved and upgraded to the cooling tower building outside of
Exposition Hall.
Assistant City Manager James K. Lontos opened and read the bids from the
following firms: Richard L. Brown, Contractor; Bracco Construction Co., Inc.;
Triangle Construction Company; John Boegner Demolition Contractors; Southwest
Rathgeber Company; and M & M Contracting Company. He verified that all of the
bidders had submitted the required bid security bond and had acknowledged
receipt of the addendum.
Mayor Pro Tem Best expressed appreciation to the firms who had submitted
bids and stated that they would be tabled for 48 hours, pursuant to the
requirements of the City Charter, and referred to the Staff for tabulation and
recommendation.
* * * * * * * *
Mayor Pro Tem Best called for consideration of the resolution that was
posted as an emergency item pertaining to the application of SDC Services, Inc.
Mayor Pro Tem Best called for comments from the audience on this item.
Mr. Philip Rosenstein, 949 Bobalo, referred to the Standard Fire Prevention
Code and stated that it had been adopted by the City of Corpus Christi. He
informed the Council that SDC Services, Inc. has not mentioned complying with
the Fire Code. He explained the problems that could be encountered with the
concrete structures which might be operated in violation of the Fire Code. He
then presented to the City Council Members copies of a memorandum written by Mr.
Bill Hennings and other information pertaining to the hearing conducted on
Friday and the operation of the company. He expressed the opinion that the
chemicals listed in the report are dangerous even though this fact was not
mentioned in Mr. Hennings' remarks to the City Council the preceding week. Mr.
nsenstein referred to violations that had been practiced by SDC Services and
4.nutes
Regular Council Meeting
April 16, 1985
Page 3
expressed the opinion that the company will use hazardous chemicals in their
operation, even though the report states that they will be in small quantities.
He then presented petitions signed by about 500 citizens expressing opposition
to the SDC Services permit request and urged that the City Council vote to
oppose the operation of SDC and also attend the public hearing scheduled in May.
Council Member McComb commented that Mr. Rosenstein seems to want the
Council to oppose this operation before all of the facts are known and all of
the evidence has been submitted. He stated he hesitates to vote in favor of a
resolution of opposition before he has all of the facts.
Council Member Berlanga stated that he had enough knowledge to support the
resolution expressing opposition to the permit, and Council Member Mendez
pointed out that the resolution under consideration concerns hazardous waste.
City Secretary Chapa polled the Council for their vote on the resolution
and the following passed:
RESOLUTION NO. 18790:
OPPOSING THE APPLICATION TO THE TEXAS DEPARTMENT OF WATER RESOURCES FOR CLASS I,
HAZARDOUS/COMMERCIAL INDUSTRIAL SOLID WASTE STORAGE AND PROCESSING FACILITY
PERMIT BY SDC SERVICES, INC.; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the resolution passed by the following vote:
Best, Berlanga, Guerrero, Mendez, Pruet, Slavik and Strong voting, "Aye";
McComb, "Nay"; Jones, absent.
Mayor Pro Tem Best called for consideration of Consent Motions on the
following items:
1. Approval of specifications and authorization to receive bids May 1, 1985,
for 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 uniforms for Transit System bus drivers and
supervisors. Estimated expenditure is $8,000.
2. Approving 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 sludge dewatering polymers, for
Wastewater Services, based on low bid, as follows:
a. Allied Colloids, Inc.
Est. 44,396 gal. @ $1.24
Total: $55,051
Minutes
Regular Council. Meeting
April 16, 1985
Page 4
b. Allied Corporation
Est. 62,169 gal. @ $1.00
Total: $62,169
GRAND TOTAL: $117,220
3. Approving 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 golf course fertilizer, based on only
bid on 20-5-10 urea, and low bid on 6-2-0 milorganite to Chemical & Turf
Specialty Company for an estimated annual expenditure of $19,640. Prices
have increased 2% since last contract May, 1983. Five bid invitations were
issued and two bids were received.
4. Approving purchase of a 3 -wheel mechanical street sweeper for the Street
Division based on low bid meeting specifications to Kuenstler Machinery
Company for $69,886. Six bid invitations were issued and two bids
received. Funds are available in the 1984-85 Revenue Sharing budget.
5. Approving purchase of one truck mounted excavator for the Street Division
based on low bid meeting specifications to Waukesha Pearse Industries for
$111,477. Prices have increased 10% since last purchase August, 1982. The
unit is included in the 1984-85 Revenue Sharing budget.
6. Approving a twelve month supply agreement for blueprint service
(reproduction, sepias, film and blue lines), with option to extend for an
additional twelve months, subject to the approval of the supplier and the
City Manager, or his designee, to Ridgway's, Inc., based on low bid for an
estimated $18,000. This service is used by departments such as
Engineering, Utilities, Planning, and Print Shop.
7. Bids be received on May 7, 1985, for the purpose of selecting the City
Depository (ies) for the period beginning May 14, 1985 and ending approxi-
mately two years thereafter.
8. Plans and specifications be approved for IH -37 Water Line Adjustments,
Phase A, and bids be received on May 14, 1985. This project provides for
installing new 36" and 12" diameter water lines on IH -37 between the
Missouri Pacific Railroad overpass and Sharpsburg Road to clear future
1H-37 construction in the area.
9. Authorizing the City Manager, or his designee, to submit a grant
application and execute all documents for a grant of $15,953 in Federal
funds in State Fiscal Year 1986 through the Library Services Construction
Act (LSCA) Title 1, Major Urban Resources Libraries (MURL) Program. These
funds are to be used to purchase children's books for the branch libraries.
.inut e s
Regular Council Meeting
April 16, 1985
Page 5
10. Authorizing publication of notice of public hearings on annexation
proceeding. A public hearing be held on May 6, 1985, by the Director of
Planning in the Committee Room, City Hall, 8:30 a.m. , and that a second
public hearing be held on May 7, 1985 by City Council on the contractual
annexation of a 60.34 -acre tract of land out of Lots 3 and 4, Section 1,
Nueces River Irrigation Park, owned by Sherrod Construction Company, a
General Partnership, located on the east side of County Road 69, south of
FM 624.
Council Member Mendez referred to item 7 and reminded the Council of the
problem encountered the preceding year when only one bank submitted a bid. He
inquired about the fee for services mentioned.
City Manager Martin explained that it is not a fee for services, it is a
credit for services. He explained the procedure previously followed and stated
that this plan will allow for the use of several banks for investment services
and assured the Council that this has been discussed with several banks and two
major banks are expected to submit bids.
In reference to item 10, Council Member Mendez inquired if this area to be
annexed is east of Highway 624 and inquired if the planned use is known.
Assistant City Manager Utter explained that it is a commercial site and it
is south of 624.
11. Appointing Jack Best, Bill Pruet, and Linda Strong as directors of the
Corpus Christi Industrial Development Corporation, Corpus Christi Housing
Finance Corporation (to fill vacancies that will be effective at the next
regular Board meeting), Corpus Christi Housing Improvement Corporation, and
Corpus Christi Health Facilities Development Corporation, and reappointing
Luther Jones, David Berlanga, Sr., Leo Guerrero, Frank Mendez, Joe McComb,
and Mary Pat Slavik as directors, all to serve for approximately two-year
terms to expire May 1, 1987.
12. A public hearing be scheduled for May 7, 1985, on the closure request of a
30 foot wide portion of unopened roadway adjacent to Wooldridge Creek Unit
6, Lot 3, known as Cimarron Boulevard. The Master Transportation Plan does
not envision the use of this right-of-way for the future extension of
Cimarron Boulevard, and no utility purposes are planned for this section of
right-of-way.
13. A public hearing be scheduled for May 7, 1985, on the closure request of a
portion of a cul-de-sac at the east end of Cactus Road in former Cabaniss
Field properties. The closure request has been submitted because of the
replat of the properties adjacent to the cul-de-sac and because Cactus Road
is being extended through the cul-de-sac thereby creating minor excess
right-of-way.
Minutes
Regular Council Meeting
April 16, 1985
Page 6
Mayor Pro Tem Best called for comments from the audience on the Consent
Motions and there was no response.
A motion was made by Council Member Mendez that the Consent Motions, items
1 through 13, be approved; seconded by Council Member Slavik; and passed
unanimously.
Mayor Pro Tem Best called for consideration of the Consent Ordinances 14
through 17.
Council Member Slavik referred to Ordinance No. 15 pertaining to the
relocation of the fence along the U. S. Navy's frontage of Cabaniss Field on
Saratoga Boulevard and inquired if this included the $9,000 that the Navy had
agreed to pay for the new fence.
City Manager Martin replied in the affirmative and stated that the Navy
will reimburse the City and the funds received will be placed in the Fund.
In regard to Item No. 16 which is the first reading amending the Code
pertaining to Curfew on Alcoholic Beverages, Council Member Berlanga questioned
the curfew to be established between the hours of 2:00 a.m. and 6:00 a.m. and
expressed the opinion that the curfew should be for a longer period of time.
Mr. Berlanga then made a motion that the curfew be extended to 10:00 p.m. to
6:00 a.m.
City Manager Martin explained that the curfew is designed to prohibit
people from being allowed in the park. He pointed out that many people use the
parks late at night on warm evenings. He explained that the other portion is
designed to prohibit alcoholic beverages being consumed between 12 midnight and
7:00 a.m. He stated that he agreed that there are some neighborhood parks where
the curfew should be earlier but there are some events in the larger parks that
occur which involve the consumption of alcoholic beverages after 10:00 p.m.
Council Member Guerrero stated that he felt that the ordinance should be
passed on first reading at this time. He reminded the Council that the Drug and
Alcohol Abuse Task Force is examining this City's ordinances as a part of their
study and they might have a recommendation in regard to this.
Council Member Berlanga then amended his motion to change the hours for use
of alcoholic beverages in neighborhood parks from 10:00 p.m. to 7:00 a.m.
The motion was seconded by Council Member Mendez.
Council Member Mendez qualified his second by stating that he knew of one
instance, Oak Park, which 1s surrounded by residential areas and in which he
felt the prohibition of alcoholic beverages should be limited.
Minutes
Regular Council Meeting
April 16, 1985
Page 7
City Manager Martin stated that it is difficult to define neighborhood
parks, expressing the opinion that Oak Park might possibly be considered a
regional park.
Council Member Berlanga then withdrew his motion to provide the Staff time
to identify "neighborhood parks."
City Manager Martin agreed that the Staff could provide a list of
neighborhood parks but suggested that the ordinance be passed on first reading,
to be amended prior to third reading.
Mayor Pro Tem Best called for comments from the audience on the Consent
Ordinances.
City Manager Martin reminded the Council that they had requested that a
representative of the Animal Control Advisory Board address them in regard to
the amendments to the Animal Control ordinance which is listed as Item 17.
Dale Rascoe, D.V.M., Chairman of the Animal Control Advisory Board, stated
that he was present to answer questions in regard to the proposed change in the
ordinance. He stated that basically, the Board had recommended this change in
order to remove the language which allowed so many people who had received
citations to have their citations dismissed. He stated that for the past three
years, an average of 35% to 40% had their cases dismissed, and the Board was
very concerned about this. He stated that the Animal Control Department was
doing a good job of picking up stray animals, etc., and the Board is just
attempting to see what could be done to insure that the citations will be
upheld. He stated that they have met with Judge Jack Hunter, and City Attorneys
Jimmy Bray and Rudy Tamez. He stated that they are just requesting that the
Council amend the ordinance so that fewer cases will be dismissed.
There were no further comments from the audience on the Consent Ordinances;
City Secretary Chapa polled the Council for their votes; and the following
ordinances were passed:
14. ORDINANCE NO. 18791:
AUTHORIZING THE EXECUTION OF A CONTRACT WITH RICHARD L. BROWN FOR A 33
SPACE PARKING LOT, GAZEBO, ARBOR, PLAY EQUIPMENT, IRRIGATION, SECURITY
LIGHTING, AND LANDSCAPING IMPROVEMENTS TO WILMOT PARK; APPROPRIATING
$98,400; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong
voting, "Aye"; Jones, absent.
Minutes
Regular Council Meeting
April 16, 1985
Page 8
15. ORDINANCE NO. 18792:
AUTHORIZING THE EXECUTION OF A CONTRACT WITH ALLIED STEEL AND WOOD FENCE
COMPANY FOR THE DISMANTLING AND NEW CONSTRUCTION OF APPROXIMATELY 3,500
LINEAR FEET OF CHAIN LINK FENCE ALONG SARATOGA BOULEVARD; APPROPRIATING
$30,000; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong
voting, "Aye"; Jones, absent.
16. FIRST READING:
AMENDING ARTICLE 36, PARKS, RECREATION, CULTURAL, AND LEISURE TIME
ACTIVITIES, SECTION 36-11, CURFEW; ALCOHOLIC BEVERAGES, OF THE CODE OF
ORDINANCES; 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: Best, Berlanga, Guerrero, McComb, Mendez, Pruet,
Slavik and Strong voting, "Aye"; Jones, absent.
17. THIRD READING - ORDINANCE NO. 18793:
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 third time and passed by the following vote:
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
"Aye"; Jones, absent.
Mayor Pro Tem Best called for consideration of Action by Motion from the
Regular Agenda on the following items:
18. Approving the preliminary design of the Water Garden and Parking Facility
Project in the Bayfront Arts and Science Park, and authorizing an amendment
to the letter of agreement with the Foundation for Science and Arts which
would increase the maximum obligation of the City for this project to
$1,073,500.
19. Authorization to receive proposals on May 1, 1985, for collection of delin-
quent ad valorem property taxes.
Council Member Slavik inquired about the change in the allocation as listed
in Item No. 18.
..inutes
Regular Council Meeting
April 16, 1985
Page 9
City Manager Martin explained that the project had always been intended to
be a 50-50 project, with the City paying one-half of the cost. He noted that
the projected cost at this time is $2,147,000 and he was of the opinion that
this should remain a 50-50 split.
Council Member Slavik referred to the estimates in the figures provided the
Council in which the cost allocation was $1,000,000 for the City and $1,147,000
for the other party.
City Manager Martin could not provide an explanation of this attachment but
noted that it was probably submitted by the architectural firm working on the
project.
Council Member McComb inquired if the 15% referred to in the memorandum
pertaining to :Item No. 19 is a fixed cost or if it is a maximum cost, and City
Manager Martin explained that the 15% is the maximum.
Assistant City Attorney Hal George stated that the City could allow the
collection agency to charge up to 20% but they could reduce the taxpayers'
charge to less than that.
Mayor Pro Tem Best called for comments from the audience. There were none.
A motion vas made by Council Member Mendez that Items 18 and 19 be
approved, seconded by Council Member Guerrero and passed unanimously.
* * * * * * * * * *
Mayor Pro Tem Best called for consideration of the Ordinances from the
Regular Agenda on Items 20 through 22.
Ordinance No. 20 is a first reading ordinance amending the Health and
Sanitation Code to increase the fee for Health clinic visits from $2.00 to
$5.00.
Council Member Guerrero expressed concern that if this increase is put into
effect, more people will be unable to pay the fee. He noted that all that is
required to avoid paying the fee is for the patient to sign a form stating that
they cannot afford to pay.
City Manager Martin explained that there are a large number of patients at
the Clinic who are substantially above the minimum income level and who could
well afford to pay the $5.00 fee.
Dr. Christopher Buttery, Director of the Health Department, explained that
there are very few senior citizens who come to the clinic. He agreed that it is
possible that the increase to $5.00 may result in fewer citizens who pay for the
visits but he did not think that would happen. He explained that there are a
Minutes
Regular Council
April 16, 1985
Page 10
Meeting
number of citizens who avail themselves of the services at the clinic who really
want to pay some type of fee and he did not feel that the $5.00 fee was
unreasonable.
Council Member
pertaining to a lease
of Garden Clubs, Inc.
the Garden Clubs had
Martin stated that he
Slavik referred to the first reading of Ordinance 21
agreement between the City and the Corpus Christi Council
for the use of the Garden Club building. She inquired if
not donated this building to the City, and City Manager
did not know.
Mayor Pro Tem Best stated that as well as he recalled, there was some type
of trade between the City and the Garden Clubs.
Mayor Pro Tem Best called for comments from the audience on the ordinances
and there was no response.
City Secretary Chapa polled the Council for their votes on the ordinances
and the following were passed:
20. FIRST READING:
AMENDING CHAPTER 23, SECTION 23-18, HEALTH CLINIC VISIT FEE, ARTICLE I, TO
INCREASE HEALTH CLINIC VISITS FROM $2.00 TO $5.00; 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: Best, Berlanga, Guerrero, McComb, Mendez, Pruet,
Slavik and Strong voting, "Aye"; Jones, absent.
21. FIRST READING:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXTEND THE CONTRACT AND LEASE
AGREEMENT WITH THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC. FOR THE USE
OF THE GARDEN CLUB BUILDING SITUATED IN CORPUS CHRISTI NATURE CENTER PARK,
ADJACENT TO GREELY DRIVE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, FOR A TERM OF FIVE YEARS, UNDER THE TERMS AND CONDITIONS AS SET
FORTH IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED
EXHIBIT "A", AND MADE A PART HEREOF.
The ordinance was read for the first time and passed to its second reading
by the following vote: Best, Berlanga, Guerrero, McComb, Mendez, Pruet,
Slavik and Strong voting, "Aye"; Jones, absent.
22. ORDINANCE NO. 18794:
AUTHORIZING THE EXECUTION OF A CHANGE ORDER FOR THE LIBRARY THIRD FLOOR
SHELL ADDITION; APPROPRIATING $610,000; AND DECLARING AN EMERGENCY.
nutes
Regular Council
April 16, 1985
Page 11
eting
The Charter Rule Jas suspended and the ordinance passed by the following
vote: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong
voting, "Aye"; Jones, absent.
* * * * * * * *
Mayor Pro lem Beat announced the public hearing on three zoning cases.
23. Application No. 385-10, Mr. Joe H. Lopez: for a change of zoning from
"R--iB" One -family Dwelling District to "AB" Professional Office District on
Lot 16, Block 1, Mount Vernon Subdivision, located on the east side of
Everhart Road, approximately 300' south of McArdle Road.
Assistant City Manager Utter informed the Council that in response to the
twenty-eight notices of the public hearing, four in favor, one in opposition
within the 200' area and one in opposition from outside the 200' area had been
returned. He stated that both the Planning Commission and Planning Staff
recommend approval.
Mayor Pro Tem Best inquired if there was anyone
opposition to this zoning case, and no one responded.
A motion was made by Council Member Guerrero that
seconded by Council Member Mendez and passed unanimously
City Secretary Chapa polled the Council for their
effecting the zoning change and the following was passed:
23. ORDINANCE NO. 18795:
present to speak in
the hearing be closed,
votes on the ordinance
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JOE H. LOPEZ BY CHANGING
THE ZONING MAP IN REFERENCE TO LOT 16, BLOCK 1, MOUNT VERNON SUBDIVISION
FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" Professional OFFICE
DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong
voting, "Aye"; Jones, absent.
24. Application No. 385-12, Messrs
zoning from "R -1B" One -family
on Lots 14 through 18 and Lots
located between Recreation and
of South Padre Island Drive.
. Craig and Steve Odanovich: for a change of
Dwelling District to "B-3" Business District
23 through 27, Block K, Flour Bluff Estates,
E. Lakeside Drives, approximately 137' north
Mr. Utter informed the Council that in response to the fifteen notices of
the public hearing, one in favor and none in opposition had been returned. He
stated that both the Pia:,ning Commission and Planning Staff recommend approval.
Minutes
Regular Council Meeting
April 16, 1985
Page 12
Mayor Pro Ten, Best inquired if anyone in the audience wished to speak in
opposition, and no one did.
A motion was made by Council Member Guerrero that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
City Secretary Chapa polled the Council for their votes on the ordinance
effecting the zoning change and the following was passed:
24. ORDINANCE NO. 18796:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CRAIG AND STEVE ODANOVICH
BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 14 THROUGH 18 AND LOTS 23
THROUGH 27, BLOCK K, FLOUR BLUFF ESTATES FROM "R -1B" ONE -FAMILY DWELLING
DISTRICT TO "8-3" BUSINESS DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong
voting, "Aye"; Jones, absent.
25. Application No. 385-2, Mr. James R. Snyder: for a change of zoning from
"B -2A" Barrier Island Business District to "B-4" General Business District
on Lots 7A and 8A, Block 18, Padre Island No. 1, located on the west side
of Padre Island Drive, approximately 325' south of Felipe Drive
Mr. Utter informed the Council that in response to the sixteen notices of
the public hearing, one in favor, one in opposition, and one in opposition from
outside the 200' area had responded. He stated that the one from outside the
200' area had indicated that they were opposed to the change of zoning but would
not be opposed to a special permit to authorize the installation of mini -storage
units.
Mr. Utter explained that on this particular case, the 20% rule is in
effect. He explained that this rule indicates that property owners of 20% or
more of the property within the 200 -foot area are in opposition to the change of
zoning and this invokes the 20% rule which requires seven affirmative votes of
the Council to pass the ordinance changing the zoning.
Mr. Utter continued by explaining that one letter had been received from
the Padre Isles Property Owners Association expressing opposition to the B-4
zoning but indicating that they would not be opposed to a special permit for the
storage units. He stated that the City had also received a letter of opposition
from the Padre Isles Development Corporation which was sufficient to invoke the
20% rule.
inutes
..egular Couuci It 1
April 16, 1985
Page 13
Mr. Utter explained that the City Staff is opposed to this change of zoning
because the "B --2A" zoning was recently established which was designed to make
Padre Island Drive a very pleasant scenic route, and the Staff was of the
opinion that if "B-4" zoning is approved, or mini -storage units are allowed to
be installed, there would probably be a domino effect all the way to Padre
Island.
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 pointed out that most of the frontage along Padre Island
Drive is zoned "B -2A".
Since the Planning Commission and Planning Staff recommended denial, Mayor
Pro Tem Best invited the applicant or his representative to speak at this time.
Mr. Jack. Lathers, representing the applicant, Mr. Snyder, stated that they
have been working on this project for over a year. He stated that he, too, is
opposed to changing the zoning from "B -2A" to "B-4" because he agrees that
"B -2A" zoning assures Padre Island Drive of an attractive frontage. He stated
that his applicant i..ould be willing to accept a special permit for the
construction of the mini -storage units. He pointed out that included in the
"B -2A" zoning category are boat barns which are similar to the storage units
that they plan to install, He assured the Council that Mr. Snyder plans an
unusual type of fencing which would be very attractive and hopefully would
establish a precedent for fencing of other properties. He displayed a drawing
showing the front of the proposed development which included a very attractive
fence, plants, greenery, etc.
Council Member McComb commented that if boat barns are allowed in "B -2A" if
it would be possible to amend the "B -2A" zoning category to allow for the
inclusion of mini -storage units.
Mr. Utter stated that that would be possible but if the Council would like
to include mini --storage warehouses in "B -2A" zoning, he would like to suggest
that a motion be passed to grant a special permit for this application and allow
the Planning Commission to study the possibility of allowing mini -storage units
in "B -2A" zoning.
A motion was made by Council Member Mendez that the requested zoning of
"B-4" be denied but in lieu thereof, that a special permit be approved subject
to the submission of a site plan that includes the landscaping and attractive
fencing as shown on the drawing displayed by the applicant's representative.
The motion was seconded by Council Member Pruet.
Mr. Wenger informed the Council that the present "B-2" zoning does allow
boat barns and boat barns were included in the "B -2A" zoning but it was
primarily for boat barns associated with marina development.
Minutes
Regular Council Meeting
April 16, 1985
Page 14
Mr. Nick Nicoloric, representing Padre Isles Property Owners Association,
agreed that the theory of allowing the boat barns to remain in "B -2A" zoning was
with the understanding that they would be built in conjunction with a marina.
He explained the storage units were the subject of great debate; the Board of
his organization decided that storage units are not very attractive; but the
Board did vote to support a special permit for this particular property
primarily because of the attractive outside landscaping plan and the attractive
fence which they did not feel would detract from the drive to the Island. He
stated that his organization would be opposed to allowing mini -storage units as
part of the "B -2A" zoning.
No one else spoke in regard to this zoning application.
A motion was made by Council. Member Mendez that the
seconded by Council. Member Strong and passed unanimously.
Mayor Pro Tem Best called for the vote on the motion
Council Member Mendez and it passed unanimously.
City Secretary Chapa informed the Council that
special permit will be placed on the agenda as soon
been submitted to the Planning Department.
hearing be closed,
previously made by
the ordinance granting the
as a revised site plan has
Mayor Pro Tem Best called for the City Manager's Report.
City Manager Martin reminded the Council that on April 30, 1985, at 7:30
p.m., a public hearing will be conducted on the Community Development Block
Grant funding. He explained that public comments will be made on the proposals
and the following week the Council will make their decision as to the
distribution of the funds.
Council Member Mendez inquired if the Council will receive copies of all
the requests that have been submitted for the funds, and City Manager Martin
assured him that they would.
* * * * * * * * *
Mayor Pro Tem Best called for petitions or information from the audience on
matters not scheduled on the agenda.
Mr. Philip Rosenstein addressed the Council again and stated that he wanted
to file a formal complaint with City Manager Martin in regard to an incident
that occurred during the public hearing on the SDC Services, Inc. permit
request. He stated that his complaint was against Assistant City Manager Bill
Hennings and related the events that had occurred in which he had questioned Mr.
Hennings in regard to the hazardous chemicals that the company plans to use and
Minutes
Regular Council Meeting
April 16, 1985
Page 15
asked him if he t.nd informed the Council of the list of hazardous materials, and
Mr. Hennings was very rude and answered his question by inquiring if Mr.
Rosenstein was not present at the time he made his presentation.
Mayor Pro Tem Best thanked hint for his comments.
Council Member Slavik stated that she had talked with a young lady who
planned to attend the meeting to request the Council's attendance at a "Walk for
Hunger" event that will be conducted in Cole Park at 2:00 p.m. Sunday. Mrs.
Slavik urged as man;; Council Members as possible to attend the event and stated
that the moneys will he used for hunger problems in the City and in the Country.
Mr. Arthur Lopez stated that he was the owner of property at 3501
Bluebonnet and had ohtaned a house mover's pe::mit at one time. He stated that
the City Council had granted an additional six months in which to have the house
removed but he had received a letter from the City Staff informing him that the
six months expired as of this date. He stated that actually, the extension the
Council had granted him would not be up until June 2nd. He requested an
extension of the time until June 2nd.
Council Memh:t Berlanga inquired it they had selected
house was to be moved and Mr. Lopez stated that they had.
City Manager Martin reviewed the letters that Mr. Lopez
they pertained to two different matters and he would be glad
with the staff.
the lot where the
had and stated that
to investigate this
Mayor Pro Tem Best stated that he had no problem granting an extension
until June 2nd.
Council Member McComb stated that he was of the opinion that the Council
should receive the Staff's point of view before granting another six-month
extension.
City Manager Martin further explained that the City Council allowed the
house mover an additional six months for a zoning application; he had already
obtained a house moving permit; he made a $500 deposit; and he will lose the
$500 deposit if action is not taken soon. He stated that the Staff will be glad
to take care of this administratively and a motion would not be required.
Mr. G. A. Summers, 532 Carribean, Minister of the Waldron Road Baptist
Church, stated that he would like to address the issue of abortion. He inquired
as to how many signatures will be required to call for an ordinance prohibiting
abortions.
Council Member McComb explained to Reverend Summers that the only petition
that would require action by the City Council would be a petition calling for a
revision or Charter addition.
Minutes
Regular Council Meeting
April 16, 1985
Page 16
City Manager Martin uoinfed out that the Council would have to make a
decision as to whether this matter would even be a Charter issue. He explained
to Reverend Summers that if a petition was presented to the City Council to
include something of that nature in the Charter, the Council would have to make
the determination as to whether or not it was appropriate to be in the Charter
and if it were in violation of some other law or if the Council made the
determination that it is not proper, then his alternative would be to go to
Court with the issue.
There bei.ug no further business to come before the Council, on motion by
Council Member Mendez, seconded by Council Member Berlanga, and passed
unanimously, the Regular Council Meeting was adjourned at 3:50 p.m., April 16,
198.5.
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