HomeMy WebLinkAboutMinutes City Council - 05/07/1985MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
MAY 7, 1985
2:00 P.M.
Present:
Mayor Luther Jones
Mayor Pro Tem Dr. Jack Best
Council Members:
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
City Manager Edward A. Martin
City Attorney J. Bruce Aycock
City Secretary Armando Chapa
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Mr. Dan Williams, following which the Pledge of
Allegiance to the Flag of the United States was led by Mayor Pro Tem Jack Best.
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.
A motion was made by Council Member Leo Guerrero that the minutes of the
Regular and Special Council Meetings of April 30, 1985 be approved as presented;
seconded by Council Member Mary Pat Slavik; and passed unanimously.
Mayor Jones presented certificates to the following employees completion of
the Texas A&M's Supervisory Development Program:
Employee:
1. Adan Herrera
2. Julio Wilmot
3. Eliseo Rodriguez
4. Norman Ruenstler
5. Juan Canales
Position:
Transit System Supervisor
Administrative Aide
Water System Foreman
Inspector I
Sr. Gas System Mechanic
Department:
III Transit
Transit
Water
Water
Gas
Mayor Jones then administered the Oath to Mrs. Aurora
appointment to the Municipal Arts Commission.
* * * * * * * * * * * * *
Williams, a recent
MICROFILMED
Minutes
Regular Council Meeting
May 7, 1985
Page 2
Mayor Jones informed the members of the audience that the City Council had
conducted a brief closed meeting during the morning workshop meeting to discuss
the problem of the numerous rapes that had occurred in a particular area of the
southside. He stated that the Council has asked Chief Bill Banner to provide
information on those cases.
Chief Bill Banner assured the Council and the audience that the City of
Corpus Christi does not have a rape epidemic because the statistics city—wide
confirm that fewer rapes have occurred this year than in previous years. He
stated that the problem is that there is a serial offender who has been involved
in at least six rapes, possibly more, in an area bounded by Louisiana, Alameda,
Everhart, Santa Fe, and Staples Streets. He stated that the Police Department
is and has been for the past three months actively involved in several actions
to apprehend the offender and provide police support in that area by increasing
the number of patrol officers in the neighborhood and stated that they have
assigned police officers from adjacent neighborhoods to this particular area.
He stated that they have been involved in more contact in the neighborhood and
have increased the number of Neighbors on Watch meetings. He stated that
although as of this date, the Police Department has been unsuccessful in
apprehending the offender, he felt that it would be unwise to explain in a
public meeting the actual steps that have been taken to determine the identity
of the offender. He informed the Council that the Police Department staff is
conducting profiles on known sex offenders; they have contacted other cities in
regard to names of known sex offenders; and stated that he would like to urge
the Council to encourage the citizens in community participation in the
Neighbors on Watch and Crime Stoppers Programs. He urged that citizens use all
precautions in using the existing locks in their houses because in some of the
cases, the rapist gained entry into the house through an unlocked window or
door. He stated that there have been ten rapes in the last 1} years in that
particular neighborhood; five are probably the same offender and possibly seven.
Council Member Slavik expressed appreciation to Chief Banner for the effort
of the Police Department. She stated that she agreed with him that the
Neighbors on Watch program does really work and citizens should take all
precautions by keeping their windows and doors locked.
Council Member Pruet stated that one thing he would like to add is that
perhaps the media could be of assistance at this time with a series of public
service announcements in regard to the availability of the free service offered
by the Police Department to check houses for security.
* * * * * * * * * * * * * *
Mayor Jones called for Board and Committee appointments and referred to the
list of appointments that were discussed during the morning workshop meeting.
A motion was made by Council Member Guerrero that the following
appointments be confirmed, seconded by Mayor Pro Tem Best, and passed
unanimously:
nutes
.ecegular Council Meeting
May 7, 1985
Page 3
a. Community Action Agency: Term:
Linda Strong (rep. by Lamont Taylor) 11-85
Dr. Jack Best (rep. by Sandra Gonzales) 11-85
b. Coastal Bend Council of Governments:
Luther Jones 4-30-87
Dr. Jack Best 4-30-87
David Berlanga, Sr. 4-30-87
Leo Guerrero 4-30-87
Joe McComb 4-30-87
Frank Mendez 4-30-87
Bill Pruet 4-30-87
Linda Strong 4-30-87
ALTERNATES:
Mary Pat Slavik
Ernest Briones
Larry Wenger
Bill Hennings
Leah Olivarri
Kelly Elizondo
Edward A. Martin
Tom Utter
Sandra Gonzales
Jim Peters
Alicia Perez
c. Housing Authority: (Mayor's appointments)
Dr. Maria Luisa Garza (Reappointed) 4-04-87
Mrs. Nancy W. Stevens (Reappointed) 4-04-87
d. Transportation Advisory Board:
Mr. Clifton L. Moss (Reappointed) 4-30-88
Mr. Ramiro R. Canales 4-30-88
e. Museum Advisory Board: (Appt. by the Mayor with advice and consent of
the Council)
Mrs. Betty Turner 9-01-87
f. Municipal Arts Commission: (Mayor's appointment subject to
confirmation by the Council)
g.
Mr. Loyd Neal (Reappointed) 9-1-85
Sister City Committee:
Mr. Henry Gorham 5-87
Miss Debbie Zepeda 5-87
h. Corpus Christi Business Development Commission: (Nominated by the
Mayor & appointed1by the City Council)
Minutes
Regular Council Meeting
May 7, 1985
Page 4
Mr. Stephen W. Sullivan 1-26-86
* * * * * * * * * * * *
Mayor Jones announced the bid opening on the City Depository(ies) for the
period beginning May 14, 1985, and ending approximately two years thereafter.
City Manager Edward Martin explained that the City Charter designates that
the City Council will select the bank depository for a two-year period and
explained that the bids were solicited in two categories -- one, as a main
depository, and also for banks that are interested in being utilized for
investment purposes.
Mr. Juan Garza, Director of Finance, then opened and read the bids from the
following financial institutions: Bidding on the main depository and investment
purposes were the following banks: First City Bank, MBank, Texas Commerce
Bank -Corpus Christi, and First State Bank -Corpus Christi. Those for investment
purposes only were American National, Bank of Corpus Christi, Coastal Bend
National Bank, First Commerce Bank, First National Bank of Corpus Christi,
International Bank of Corpus Christi, Southern National Bank, Texas Commerce
Bank - Gulfway, MBank -South, and Western National.
Mayor Jones inquired if the fee designated for services is a fixed price,
and Mr. Garza replied that it is a unit price bid, and the more checks the City
issues, the more cost to the City.
Mayor Jones stated that the bids would be tabled for 48 hours, pursuant to
the requirements of the City Charter, and referred to the staff for tabulation
and recommendation.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the consent motions on the
following items:
1. Approval of specifications and authorization to receive bids May 22, 1985,
for a twelve month service agreement, with option to extend for an addi-
tional twelve months at the same terms and conditions, subject to the
approval of the supplier and the City Manager, or his designee, for
automotive air conditioning repairs to City vehicles. Maintenance Services
does not have personnel or equipment to perform these repairs. Estimated
annual expenditure is $25,000.
2. Approving purchase of two dump bodies and hoist assemblies for the Waste-
water Division based on low bid from Summit Services for $6,900. Nine bid
invitations were issued and three bids received. Equipment is included in
the 1984-85 Capital Outlay Budget.
3. Approving purchase of vans for various City departments based on low bids
as follows:
utes
..egular Council Meeting
May 7, 1985
Page 5
Bay Auto Company, Inc.
Bid Item 1, 3 ea. @ $10,147.26
Bid Item 6, 2 ea. @ $10,838.80
TOTAL: $52,119.38
Tradewinds Ford Sales
Bid Item 3, 1 ea. @ $11,299.00
Bid Item 4, 2 ea. @ $11,133.00
Bid Item 5, 2 ea. @ $12,280.00
TOTAL: $58,125.00
GRAND TOTAL: $110,244.38
4. 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 chain,
hooks, and cold shuts, manila and sisal rope, wire rope, guy wire and wire
rope clips, to Golden Wire Rope Company, based on low bid of $8,815.93.
These items are to be stocked in the City Warehouse. Thirteen bid
invitations were issued and seven bids received. Prices have decreased
approximately 18% from last contract of July 1983.
5. Approving the appointment of Peat, Marwick, Mitchell & Co. to perform the
following audits for the fiscal year ending July 31, 1985:
City Annual Financial Audit
Federal Grants Single Audit
Corpus Christi Rousing Finance Corporation
UMTA Section 15 Report
$55,500
6,000
3,000
1,200
$65,700
6. Approving an intergovernmental cooperative agreement with Nueces County
under which Nueces County will provide $200,000 for the purchase of books
and periodicals which will be on permanent loan to the Corpus Christi
Library System, and the City of Corpus Christi agrees to allow Nueces
County residents outside of the City of Corpus Christi to utilize library
facilities on the same basis as residents of the City of Corpus Christi
through the year 1994.
7. Amending, prior to third reading, the ordinance lowering Central Power and
Light Company's fuel factors. This motion reflects the most current CP&L
fuel factor calculations. It also provides for prompt refund of customer
monies overcollected from September 1, 1983, through April 30, 1985, in
lump sum or one time credit.
8. A public hearing be scheduled for May 28, 1985, on the closure request of a
10 foot wide alley in Block 36, Del Mar Subdivision and a portion of public
right-of-way at the South Staples/Clifford Street intersection. The First
State Bank of Corpus Christi has requested the closures and has further
requested the interim use of portions of public right-of-way of South
Staples Street and Clifford Street which will also be considered at the
public hearing.
Minutes
Regular Council Meeting
May 7, 1985
Page 6
Mayor Pro Tem Best referred to item 5 and noted that according to the
memorandum presented to the Council, five bids were received and one local
company submitted a proposal that was lower than the one recommended. He
inquired as to why this one was recommended.
City Manager Martin explained that Peat, Marwick, Mitchell, and Company is
a local firm, and that these are not actually bids but proposals. He stated the
primary factor is that the City wants to appoint a firm that has an employee
locally who is familiar with our situation, and the staff is of the opinion that
this firm presented the best proposal. He explained that the procedure is to
select the firm and then negotiate the fee, similar to the method used in
agreements with engineering firms and architects. He assured the Council that
the City cannot actually request that the companies bid because this is against
the law and there is no requirement for competitive bidding.
Mr. Garza explained that the staff bases their recommendation on the
experience and reputation of the firm, the individuals, and the resources that
are available to the firm on a national basis.
In reference to item 6, Council Member Slavik inquired if it would not be
appropriate to send Nueces County a thank -you letter for their assistance on
funds for the completion of the Central Library.
Mayor Jones stated that he would be glad to write Judge Robert Barnes on
behalf of the Council, but pointed out that Nueces County is actually receiving
something that they have never had before which is free library service for
their citizens for ten years.
In answer to a question from the Council, City Manager Martin assured the
Council that item 5 approved a contract with Peat, Marwick, Mitchell, and
Company and that Mr. Javier Chapa's selection by the firm as a subcontractor
would not pose a conflict of interest problem. Mr. Chapa serves on the Planning
Commission.
Mayor Pro Tem Best referred to item 8 and inquired about the reason for
this proposed closure request of public right-of-way at the South
Staples/Clifford Street intersection.
City Manager Martin explained that this will have the effect of protecting
the area in that they are proposing to close an alley as well as a piece of
property near the triangle at the intersection referred to.
Assistant City Manager James K. Lontos assured the Council that the
cut -through at this triangle will remain open. He stated that he has requested
the applicants to bring a complete site plan for the public hearing scheduled
for May 28, and stated that they are actually requesting the closure of more
than the City is willing to recommend. He stated that the City is willing to
close only the alley and a portion of the cut -through that is in existence.
Mayor Jones called for comments from the audience on the consent motions;
no one spoke.
lutes
gular Council Meeting
May 7, 1985
Page 7
A motion was made by Council Member Berlanga that the consent motions,
items 1 through 8, be approved; seconded by Mayor Pro Tem Best; and passed
unanimously.
* * * * * * * * * * * *
Mayor Jones called for consideration of the consent ordinances and
ordinances from previous meetings on items 9 through 14.
City Manager Martin referred to Ordinance 14, which is the third reading of
the ordinance pertaining to the Central Power and Light Company's proposal to
refund overrecoveries for fuel costs. He explained that the City staff has been
concerned about the ruling of the Public Utilities Commission, and at the
hearing, upon the recommendation of the PUC Staff, the Commission planned to
provide for a prospective refund in that next year CP&L would reduce everyone's
utility bills. He stated that the City staff is of the opinion that the
prospective refund presents problems; the PUC agreed with the City this morning;
and a one time refund will be in order.
Mr. Doyle Bryant, Central Power and Light Company representative, explained
that he felt that the refund would be made to the customer by check if it is
more than $10 and if it is less than that, a credit would be given to the
customer.
City Manager Martin assured the Council that CP&L is in total agreement
with the ordinance under consideration.
Mayor Jones called for comments from the audience on the consent ordinances
and there was no response.
City Secretary Chapa polled the Council for their votes on the ordinances
and the following were passed unanimously:
9. ORDINANCE NO. 18817
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 38 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION; APPRO-
PRIATING $5,899; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and
Strong voting "aye."
10. ORDINANCE NO. 18818
AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION ACT CONTRACT WITH
THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE PER-
FORMANCE OF A SKID TESTING PROGRAM; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and
Strong voting "aye." ,
Minutes
Regular Council Meeting
May 7, 1985
Page 8
11. ORDINANCE N0. 18819
AUTHORIZING THE EXECUTION OF A CONTRACT WITH RICHARD L. BROWN AND STANLEY
R. BROWN, A JOINT VENTURE, FOR DRAINAGE IMPROVEMENTS ALONG SUNNYBROOK DRIVE
FROM AYERS STREET TO KOSTORYZ ROAD; APPROPRIATING $135,000; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and
Strong voting "aye."
12. ORDINANCE NO. 18820
AUTHORIZING THE EXECUTION OF A CONTRACT WITH JOE L. WILLIAMS FOR ARCHI-
TECTURAL SERVICES FOR ADDITIONAL IMPROVEMENTS AT THE ANIMAL SHELTER;
APPROPRIATING $81,000; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and
Strong voting "aye."
13. FIRST READING
AMENDING CHAPTER 35, OIL AND GAS WELLS, SECTION 35-80, INSURANCE AND BONDS,
AND SECTION 35-130(G)(1), WELLS TO BE ABANDONED, TO PROVIDE THAT OIL AND
GAS WELL OPERATORS MAY POST IRREVOCABLE LETTERS OF CREDIT IN LIEU OF
REQUIRED BONDS; 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: Jones, Best, Berlanga, Guerrero, McComb, Mendez,
Pruet, Slavik, and Strong voting "aye."
14. THIRD READING - ORDINANCE N0. 18821
AN ORDINANCE DETERMINING THAT THE PRESENT FUEL FACTOR OF CENTRAL POWER AND
LIGHT COMPANY SET BY THE PUBLIC UTILITY COMMISSION OF TEXAS IS UNREASONABLE
AND DETERMINING A JUST AND REASONABLE FUEL FACTOR TO BE CHARGED BY CENTRAL
POWER AND LIGHT COMPANY WITHIN THE CORPORATE LIMITS; PROVIDING FOR
SEVERABILITY AND REPEAL OF CONFLICTING ORDINANCES.
The ordinance was read for the third time and passed by the following vote:
Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye."
* * * * * * * * * * * * *
*15. Plans and specifications be approved and bids be received on May 28, 1985,
for sliplining of the Oso Trunk Sanitary Sewer System, Phase I. This
project consists of inserting a 36" diameter slipliner inside approximately
6,000 linear feet of 42" diameter concrete sanitary sewer in the Gulfway
Airline/Candlewood area of the City, which has deteriorated rapidly in the
past year. ,
autes
..egular Council Meeting
May 7, 1985
Page 9
City Manager Martin stated that he would like to withdraw this motion for
one week to resolve some problems with the recommendation. *Withdrawn
* * * * * * * * * * * * *
Mayor Jones announced the public hearing on the following street closing:
16. STREET CLOSING - 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.
Assistant City Manager Lontos located the area on a transparency and
displayed the portion to be closed. He stated that the staff has no objection
to the requested closing.
Mayor Jones inquired if anyone in the audience wished to speak in
opposition to this street closing. No one indicated opposition.
A motion was made by Council Member Mendez that the hearing be closed,
seconded by Mayor Pro Tem Best, and passed unanimously.
* * * * * * * * * * * *
17. STREET CLOSING - 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.
Assistant City Manager Lontos displayed a map showing Cimarron Boulevard
and Airline Road showing their relationship to each other. He stated that
closing the portion recommended would be in compliance with the Master
Transportation Plan and provided background information on the history of
Airline Road, which was previously planned to turn and extend southward. He
stated that there was opposition to this plan several years ago from the
property owners of the area in which Airline Road previously existed and the
Master Transportation Plan was amended to allow for an extension of Airline Road
to be called Cimarron Boulevard and the continuation of Airline Road in a
southeasterly direction. He stated that if this portion of roadway is closed,
Cimarron Boulevard will curve to connect with Airline Road and this is
recommended for better traffic control. He assured the Council that both
Cimarron and Airline would be major thoroughfares.
Mr. Lontos continued his explanation and stated that the request for the
street closing was made by J.L. Watson. He stated that if the Master Plan, as
proposed and approved, is implemented in this fashion, this portion of Cimarron
is not needed. He stated that the staff does not recommend closing the other 20
feet of the street at this time and when this property is platted, the City
could make some arrangements with the owners to have a major type of connection
Minutes
Regular Council Meeting
May 7, 1985
Page 10
to Airline Road; therefore, the Staff recommends that the City retain the 20
feet on the east side of the portion to be closed.
Council Member Slavik inquired about the date this change was made in
Airline Road, and Mr. Larry Wenger, Director of Planning, stated that it was
made in 1980 but was formally adopted in 1982.
Mr. Lontos provided additional explanation by stating that the staff
recommended turning Airline directly south but there was so much protest from
property owners, that the Council decided to continue Airline and establish
Cimarron Boulevard as well.
Council Member Pruet referred to Misty Meadow Street which extends to
Cimarron and inquired if at the point where Cimarron extends off of Airline, if
a double right turn lane would be established.
Mr. Lontos indicated that that had not been determined at this time.
Council Member Pruet asked if it would not be possible to get all of the
property owners involved to consider this so they would be aware of the plan,
and Mr. Lontos stated that it is difficult to have a meeting of all of the
property owners together.
Mr. Pruet indicated that he felt that it is preferable for all of the
property owners to be aware of this. He stated that he personally agreed that
the design would be good, but questioned why only 30 feet of the street was to
be closed.
Mr. Lontos stated that if the Council desires to delay this, the staff
could make another attempt to contact the property owners. He stated that there
was some question about the closing because Mr. Tim Clower had indicated to him
shortly before the meeting that Mr. J.L. Watson was the applicant who requested
the street closing and Mr. Clower was of the opinion that Mr. Watson no longer
owns the property. He stated that the reason the staff recommends only 30 feet
of right-of-way to be closed is because they might need additional right-of-way
dedication.
A motion was made by Council Member Pruet that the Council delay action on
this street closing request, seconded by Council Member Mendez, and passed
unanimously.
* * * * * * * * * * * * *
18. ANNEXATION - 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.
Mr. Larry Wenger, Director of Planning, stated that this tract of land is
one mile from FM 624 and Highway 77. He stated that the frontage is zoned "B-4"
and the property to be annexed has been prezoned for "B-4." He stated that they
are in the process of planning a business type park and since the area is
prezoned "8-4", it will be annexed under that zoning rather than "R -1B."
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.gular Council Meeting
May 7, 1985
Page 11
Council Member Slavik pointed out that taxes will be generated from this
annexation and inquired if the name of it is Nueces River Irrigation Park.
Mr. Wenger stated that that is the name of the subdivision and the owner is
Sherrod Construction Company.
Mayor Jones called for comments from the audience and there was no
response.
A motion was made by Council Member Mendez that the hearing be closed,
seconded by Mayor Pro Tem Best, and passed unanimously.
City Secretary Chapa informed the Council that the first reading of the
ordinance effecting the street closing at the east end of Cactus Road and the
first reading of the ordinance authorizing the annexation contract will be on
the agenda next week.
* * * * * * * * * * * * *
Mayor Jones announced the public hearings on four zoning applications.
19. Application No. 485-2, Emporium General Partnership: "R -IB" One -family
Dwelling District to "B-1" Neighborhood Business District being the north-
west 66 feet of Lot 11, Block 6, Gardendale, located on the north side of
Cain Drive, approximately 425' west of South Staples Street.
Assistant City Manager Tom Utter informed the Council that the owner of the
property is Mrs. Marjorie D. Hanes. He stated that in response to the 13
notices of the public hearing, four in favor and none in opposition had been
returned. He stated that the Planning Commission recommends approval, but the
Planning Staff recommends denial.
Mr. Wenger located the area on the zoning and land use map, described the
land use in the surrounding area, and showed slides of the vicinity. He stated
that a house is located on the tract.
Mayor Jones called on the applicant to speak.
Mr. Jack Solka, 6262 Weber, representing the applicant, presented brochures
to the Council and displayed a rendering of plans for use of the property. He
stated that the plan is to expand a successful project, noting that the primary
project is almost completed and the owners decided to install additional office
and condominium units and that is the reason for the request -- to acquire the
additional property for expansion of their project. He noted that the property
across the street belongs to the Gardendale Baptist Church and will probably not
be subject to business development. He assured the Council that the Church is
in favor of this project.
Council Member Mendez noted that on the present property line, it had been
mentioned that landscaping would be installed and Mr. Solka stated that that is
correct.
Minutes
Regular Council Meeting
May 7, 1985
Page 12
Mr. Solka then provided photographs of the building for the Council.
Mayor Jones noted that the staff expressed concern about the extension of
commercial property into the residential area.
Mrs. Sisto, property owner next to the subject property, stated that she is
in favor of this project.
Mr. Jack Martin pointed out that this particular lot has a house that is
unoccupied and he was of the opinion that the proposed use of the property will
actually improve the neighborhood.
Council Member Guerrero stated that one of the problems that Gardendale
Baptist Church has always had and one of the reasons they purchased the property
referred to for expansion was to increase the number of parking spaces. He
noted that the Church does have a parking problem and inquired if the Emporium
General Partnership property parking lot could be used by Gardendale Baptist
Church.
Mr. Martin stated that they have agreed with the Church that when they have
an unusually large crowd, they could use a few of the parking spaces on their
property.
Council Member McComb inquired if the partnership has any use for the house
that is located on the land, noting that the City could use it in their
relocation program.
Council Member Slavik stated that she is concerned about traffic in the
area and also concerned about the staff recommendation for denial.
Mr. Wenger explained that residential property that is located next to
"B-1" or "B-4" zoned property is difficult to rent and that is the reason the
staff recommends denial in this type of situation, rather than allowing further
extension into a residential neighborhood.
Mayor Jones called for those who wished to speak in opposition and no one
did.
A motion was made by Council Member Strong that the hearing be closed,
seconded by Council Member Slavik and passed unanimously.
Council Member Strong summarized the situation by pointing out that there
is a successful business that is very attractive that has almost been completed;
this is a situation whereby this project will be further improved and will
remove an unoccupied house from the neighborhood; there has been favorable input
from the neighbors; and since Staples is the main arterial street rather than
Cain Street, she felt that this zoning should be approved.
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:gular Council Meeting
May 7, 1985
Page 13
City Secretary Chapa polled the Council for their vote on the ordinance
effecting the zoning change and it passed as follows:
ORDINANCE 18822
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF EMPORIUM GENERAL
PARTNERSHIP BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 11,
BLOCK 6, GARDENDALE, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1"
NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and
Strong voting "aye."
* * * * * * * * * * * *
20. Application No. 285-12, Humana, Inc.: For a change of zoning from "B-1"
Neighborhood Business District and "B-4" General Business District to "B-5"
Primary Business District on Lots 6, 8, 9, and 10, H. E. Butt Tract,
located on the southwest corner of South Alameda Street and Texan Trail.
Mr. Utter stated that in response to the 17 notices of the public hearing,
one in favor and two in opposition had been returned. He informed the Council
that the Planning Commission originally recommended denial of the "B-5" zoning,
and in lieu thereof that a Special Permit be granted for the existing signage,
subject to acceptable site plans, but since no site plans were received within
45 days, the Planning Commission recommended denial of this request. He stated
that the Planning Staff's recommendation is for denial of the "B-5" zoning, but
the staff recommends either granting "B-4" on Lot 6, which is the large lot or
on both lots 5 and 6 to grant a special permit for the existing signage. He
noted that if the Council grants "B-4" zoning on lot 6 and denies the "B-5"
zoning on lot 5, Humana Hospital will have to remove the signs from the setback,
but they may retain the signs. He explained that the special permit for the
existing signs could be granted. He explained further that the staff feels that
the most equitable thing to do would be to grant a special permit similar to
that which was granted for Spohn Hospital. He stated that Humana Hospital does
not have any signs that are not on their own property, whereas Spohn Hospital
had signs in the City easements.
In response to Council Member Slavik's inquiry, Mr. Utter stated that he
was of the opinion that the two letters of opposition were to the change of
zoning, not the retention of the signs.
Mayor Jones inquired if anyone was present to speak in opposition to the
signs under a special permit, and there was indication that people were there to
speak in opposition.
Mayor Jones then called on a representative of the applicant to address the
Council.
Minutes
Regular Council Meeting
May 7, 1985
Page 14
Mr. David Smith, 900 Wilson Building, attorney representing Humana
Hospital, agreed that the signs were erected in violation of the ordinance and
they did not submit a site plan in the required 45 days. He assured the Council
that they would be happy to accept the special permit to allow the existing
signs. He urged approval of the special permit to allow the signs to continue
to exist.
Mr. Alan Potter stated that he owns a fourplex across the street from the
hospital. He expressed the opinion that if this special permit is approved, the
City will be placed in a position of discriminating against sign companies and
land owners who comply with the City's zoning ordinances. He objected to the
signs being improperly installed after and expressed the opinion that the signs
should be moved inside the property setback because pfeperty owners should
comply with existing zoning and with City ordinances. Mr. Potter pointed out
that this hospital is located in a fairly open area and any signs installed
would be very visible.
Mr. Mendez pointed out that at the Planning Commission hearing, Mr. Potter
had indicated that he was not opposed to a special permit, and Mr. Potter has
now stated that he is opposed to the special permit, but he would prefer that
rather than a change of zoning.
Mr. Calvin Floyd inquired if the signs were installed with a city permit,
and Mr. Utter replied affirmatively.
Mr. Floyd continued by stating that the signs were inspected by a building
inspector and an electrical inspector.
Mayor Pro Tem Best inquired of the staff why these things happened and
erroneous building permits are issued.
Mr. Utter assured him that the permit stated specifically "20' setback
required." He noted that the electrical inspector would only inspect the
electrical work, not the location of the signs and the inspection simply did not
catch the fact that the signs were installed in the setback area. He pointed
out that in terms of the large number of permits that are issued, there are
going to be human errors.
Council Member Berlanga stated that the only way to stop this practice is
to see that the permits are issued properly and that proper inspections are
made.
Council Member Strong asked how far back the signs were located.
Mr. Utter replied that each sign varies; one is 16 feet back; one is 3 feet
back; one is 14 feet; one is 16 feet; and one is 13.2 feet back.
Mr. Wenger displayed slides which showed the location of the signs and
noted that the signs are so large that there are more restrictions for these
signs under the existing zoning.
nu t ea
.gular Council Meeting
May.7, 1985
Page 15
Council Member McComb stated that he voted "no" on the Spohn Hospital
application because approval would just encourage people to do just whatever
they wanted to do, and if an inspector discovers an erroneous sign, all they
have to do is go to the City Council to obtain a variance or a special permit.
He stated that the ordinance was designed for a purpose and approving this type
of zoning application violates the ordinance.
Mr. Utter stated that he had previously provided the Council with erroneous
information regarding the City permits. He stated that the signs were installed
without a permit; the City discovered the illegality; and the permit forms
required the 20 foot setback. He assured the Council that there was no failure
on the part of the City inspectors.
Mr. Smith spoke again and stated that perhaps he was in error in stating
that City permits had been obtained. He stated that Humana hired a local
company to install the sign, instructed them to put the signs up, and obviously
the company did not install them properly. He assured the Council that Humana
did not deliberately attempt to illegally install the signs and noted that the
signs have been located there for two years.
Council Member Pruet pointed out that the Council could deny the request
and the special permit and Humana would have to have the sign company move the
signs, probably at their expense.
No one else spoke in regard to this zoning application.
A motion was made by Council Member Guerrero that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
Mr. Utter reminded the Council that anything other than denial would
require six affirmative votes, because the Planning Commission recommended
denial under a technicality that the site plan was not submitted within the
required 45 days.
A motion was made by Mayor Pro Tem Best that the requested zoning of "B-5"
be denied, but in lieu thereof a special permit be granted for the signs that
now exist according to an approved site plan. The motion was seconded by
Council Member Mendez, and passed by the following vote: Jones, Best, Mendez,
Pruet, and Slavik voting "aye"; Berlanga, Guerrero, McComb, and Strong voting
"no."
* * * * * * * * * * * * *
21. Application No. 283-13, Exxon Corporation: For a change of zoning from
"R-113" One -family Dwelling District and "R -1B" One -family Dwelling District
with "SP" Special Permit to "B-1" Neighborhood Business District on Lots 1
through 4, and southeast 18.5 feet of Lot 5, Block 817, Port Aransas
Cliffs, located on the northwest corner of Topeka Street and Doddridge
Streets.
Minutes
Regular Council Meeting
May 7, 1985
Page 16
Mr. Utter informed the Council that in response to the 13 notices of the
public hearing, 1 in favor and 7 in opposition had been returned, and stated
that the Planning Commission and Planning Staff both recommend denial of this
request. He stated that the 20% rule is in effect on this zoning case.
Mr. Wenger located the area on the zoning and land use map, described the
use in the surrounding area, and stated that the Exxon Service Station had
purchased two additional lots extending down Topeka Street. He then showed
slides of the vicinity.
Mayor Jones invited the applicant to speak at this time.
Mr. Murray Bass, of Murray & Bass Engineering firm, stated that they had
filed the application on behalf of Exxon Corporation and he would like to
introduce their representative at this time.
Mr. Lyle D. Rowbury, of the marketing department of Exxon, presented
drawings to the Council showing their plans for the improvements to this service
station. He explained that this service station has been at this location since
1949 and in the 1960's, Exxon purchased additional property at the rear, and at
that time, they planned to install an eight base service stall. He explained
that they plan to expand their service stations so they can better utilize their
property and relieve congestion and they will install a 6 -foot cedar screening
fence where the property abuts the residential areas. He informed the Council
that a large canopy will be constructed on the front of the building and the
base will be turned facing Doddridge Street. He informed the Council that Exxon
is establishing new style service stations all over the country and even though
they are a large corporation, they are trying to help the neighborhoods in which
their stations are located.
Mr. Rowbury then displayed slides of the new design of stations and noted
that it is a side bay type of concept. He stated that they also install
landscaping at their stations and further explained their plans for this
particular location, assuring the Council that they are willing to install a
screening fence between their property and the residential property. He stated
that they will also install a planted area and automatic sprinkler system to
water the plants. He stated that they do not plan to change the location of
their driveways and there will be no traffic exiting onto Topeka Street. He
stated that the home was installed next door after the service station was
constructed. He pointed out also that their stations are being constructed with
subdued lighting.
Mr. Rowbury continued by stating that if this is approved, the City's tax
base will be increased; it will give value to the City; and this service station
is needed in this area. He stated that all they really want to do is change the
station around slightly and if the Council feels that they cannot grant the
change of zoning, they would like to have a special permit with the changed
location and landscaping.
nutes
gular Council Meeting
May .7, 1985
Page 17
Council Member Strong inquired about their plans to install the fence, and
Mr. Rowbury assured her that the fence can extend all the way to Alameda Street
and there will be no access off Topeka.
Council Member Strong inquired if they would be willing to accept a special
permit and retain the grassy area on the lots that will not be used, and Mr.
Rowbury stated that they will be glad to accept a special permit for the changes
they plan.
Mayor Jones invited the opposition to speak at this time.
Mr. Paul Harryman, 3751 Topeka, informed the Council that his property
adjoins the Exxon property. He pointed out that Topeka is a narrow, small
street and that the Exxon station already encroaches into the entrance to the
street. Mr. Harryman also expressed the opinion that Exxon has done a very poor
job of maintaining the property in the past and he did not believe that this
would be an asset to the neighborhood. He pointed out that there are too many
service stations in the area already.
Mayor Jones reminded Mr. Harryman that Exxon has been located there for 20
years and they will continue to do so whether this is approved or not. He asked
Mr. Harryman what he really objected to.
Mr. Harryman stated that he does not feel that business is appropriate in
this location.
Mrs. Cynthia Harryman stated that they realize that the Exxon station was
located there when they purchased their home, but they did not know that the
additional lots were owned by Exxon and if they had known that, they would have
hesitated about purchasing the house. She noted that if Exxon moves adjacent to
their property, the situation will be much worse than it is now.
Mr. Harryman again spoke and stated that Exxon has never maintained the
property adjacent to his lot and he did not think they would do so properly now.
Council Member Mendez stated that if the Council grants a special permit,
they could include requirements for greenery, maintenance, etc.
Council Member Berlanga pointed out that the Harryman's had purchased their
property after the Exxon station had already located there.
Mr. James Thomas, the Exxon dealer at the subject location, stated that he
has been there since 1971. He expressed the opinion that there is a very strong
need for a full service station and Exxon is remodeling their stations to make
them quite beautiful. He stated that without this special permit, Exxon will
not be able to continue as a full service station. He expressed the opinion
that if Exxon spends $500,000 to remodel this station, they will certainly take
care of the planted areas. He expressed the opinion that the added landscaping
will definitely enhance the neighborhood.
Minutes
Regular Council Meeting
May 7, 1985
Page 18
Mr. Wenger informed the Council that some of the opposition was from the
residential owners, but most of the opposition expressed was from the owners of
another service station and from the owner of Lamar Park Shopping Center.
Council Member Guerrero stated that he had agreed with the statement made
by Council Member Strong that denying this application will not require Exxon to
move the station. He pointed out that under the "R -1B" zoning, Exxon could just
install asphalt and let the lots remain that way. He stated that since the
company owns the property, he felt that the Council should allow them to make
the best of the situation.
Council Member McComb inquired of Mr. Thomas if part of his agreement with
Exxon was that he maintain the property, and Mr. Thomas stated that he hires
someone to mow the grass.
Mr. Rowbury interjected that if the two lots are improved with additional
planted areas, Mr. Thomas would be responsible for maintaining those areas, and
Mr. Thomas agreed that he would have to maintain the property if Exxon did that.
Mr. Pat Flynn, owner of the property on Alameda that adjoins Exxon and the
owner of the Godwin Shop, asked the Exxon representative if he had a picture of
the signage that would be installed there.
Mr. Rowbury stated that the signage would be on the front portion of the
property, not on these two lots under discussion.
Mr. Flynn stated that in the past there has been more than one sign at this
station and he would like to know if the City representatives are enforcing the
sign ordinance on the inside of the bay.
Mr. Wenger explained the type of signage that is allowed in "B-1" zoning
and explained that at this time a canopy is considered; therefore, a sign can be
placed on that structure. He stated that signs can also be placed on the
building.
Assistant City Manager Utter stated that he had briefly spoken with the
Exxon representative and the adjacent property owners, Mr. and Mrs. Berryman,
and he would like to suggest that the Council recess the hearing for one week in
order to resolve some of the problems, noting that it might be possible to work
things out so that all parties are agreeable.
Council Member Pruet suggested that the special permit be granted and allow
the principals involved to work out the details on the site plan.
Council Member McComb, noting that Mr. Rowbury is here from Houston and
noting that the principals involved are present at this time, suggested that the
hearing be recessed for one hour, during which time those involved could discuss
a possible solution.
mutes
egular Council Meeting
May. 7, 1985
Page 19
A motion was made by Council Member McComb that the hearing be recessed for
one hour, seconded by Mayor Pro Tem Best and passed unanimously.
The hearing was recessed until 6:15 p.m.
* * * * * * * * * * * *
22. Application No. 285-7 C.E.B. Development Company: For a change of zoning
from "AB" Professional Office District with 'SP' Special Permit and "B-1"
Neighborhood Business District to "B-4" General Business District on Lot 2,
Block 1, Stonegate North Unit 1, located on the west side of Everhart Road,
between Curtis Clark and Bonner Drives.
Mr. Utter informed the Council that in response to the 41 notices of the
public hearing, none in favor and 15 in opposition, plus 4 outside the 200'
notification in opposition, and a petition with 12 names in opposition, 5 of
which were within the 200' area, had been received. He stated that the Planning
Commission and Planning Staff recommend denial of the requested zoning of "B-4",
but in lieu thereof grant a special permit for one free standing sign. He
stated that most of the letters of opposition are from the townhouses in the
area and primarily those residents are opposed to the "B-4" zoning because of
the possibility of a lounge or bar being located there.
Mr. Wenger located the area on the zoning and land use map, described the
land use in the surrounding area, and showed slides of the vicinity which
displayed the sign that is now in existence. He stated that the plans are to
locate the sign on the corner of the shopping center and the reason they want
the sign on the corner is because around the corner is a liquor store that is
difficult to see.
Mayor Jones called on the applicant to speak.
Mr. Jack Solka, 6262 Weber, architect representing the applicant, stated
that they do not really want the "B-4" zoning because their request is solely
for an additional sign. He emphasized that this company has complied with the
ordinances in that they have not erected a sign and then asked for a permit. He
stated that they want the sign installed to more effectively advertise shops
around the corner from Everhart. He pointed out that there are eight or nine
signs across the street from this property that are illegally installed.
Speaking in opposition to this request was Mr. George Resnick, 5424
Stonegate. He stated that the Village Park townhomes consist of a 30 -unit
complex and he is speaking on behalf of those owners. He stated that the
purpose of the request to install the signs is to increase business and
subsequently increase traffic and they are concerned that they will have
additional traffic on their street. He stated that they are in opposition to
rezoning this area to "B-4" and they are strongly opposed to any action that
might lead to the change of zoning from "B-1" to "B-4."
Minutes
Regular Council Meeting
May 7, 1985
Page 20
Council Member McComb assured Mr. Resnick that he did not think anyone on
the Council would approve "B-4" zoning at this location because the signage
problem is the thing that is actually being considered. He inquired of Mr.
Resnick if he is opposed to the signage. Mr. Resnick replied that he would not
be very happy about a sign advertising the liquor store, but if nothing happens
except the installation of the sign, he did not think that their property would
be endangered. He stated that he felt that approval of more signs would
eventually lead to "B-4" zoning of the property.
Mr. McComb assured him that any increase in traffic would probably be on
Everhart rather than Stonegate.
Mr. Solka explained that the Nautilus Club was located around the corner
for seven years; that operation is not longer in existence; a liquor store is
located in one-half of the space; and 20 square feet of the 40 square foot sign
would advertise the liquor store with the remaining 20 square feet to advertise
whatever business is installed in the other portion at this location.
Mr. Resnick pointed out that the property owners in the vicinity had
received notices of the "B-4" zoning, not the special permit.
Mr. Utter explained that the staff has to advertise this hearing and not
advertise the proposed ordinance and that is the reason the notices must
indicate the requested zoning rather than a special permit.
No one else spoke in regard to this zoning case.
A motion was made by Mayor Pro Tem Best that the hearing be closed,
seconded by Council Member Strong, and passed unanimously.
Council Member Mendez stated that he concurs with the Planning Commission's
recommendation that "B-4" zoning be denied, but approve a special permit for a
sign according to the approved site plan.
City Secretary Chapa polled the Council for their vote granting the special
permit and it passed as follows:
ORDINANCE N0. 18223
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF C.E.B. DEVELOPMENT
COMPANY BY GRANTING A SPECIAL COUNCIL PERMIT FOR A SIGN ON A PORTION OUT OF
LOT 2, BLOCK 1, STONEGATE NORTH UNIT 1; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and
Strong voting "aye."
lutes
.egular Council Meeting
' May'7, 1985
Page 21
Council Member Pruet asked what could be done to more adequately inform
people on what actually is being requested on zoning cases. Mr. Utter stated
that under the existing ordinance, one cannot apply for a special permit but he
assured the Council that they would investigate this matter to see if it would
be possible to amend the ordinance.
* * * * * * * * * * * * *
Mayor Jones called for petitions or information from the audience on
matters not scheduled on the agenda.
Mr. Calvin Floyd addressed the Council again and registered a complaint
that a developer of a commercial building, who has a design by a professional
engineer, still has to come in to have a member of the City's Engineering staff
approve it. He asked that if the City's engineers are good enough to approve
other engineering firms' drawings, why it is necessary to employ outside
engineers for different projects.
City Manager Martin stated that the City does not employ people just to
check plans. He stated that the reason for employment of outside engineering
firms is that it would be a waste of money to employ specialized engineers, for
instance, sewer plant designers, when they would only be needed for certain
projects. He stated that it is more economical to employ outside engineering
firms for certain specialities.
Council Member Berlanga referred to the statement he had made earlier in
the meeting in that he would like to see something done to improve the signs on
Peoples Street. He stated that he was serious about that and he would like for
the staff to investigate the possibility of adding seagulls or some decorative
touch to improve the appearance.
City Manager Martin reiterated that the Council approved the design of the
light standards and the only thing to be done to improve them is to have them
redesigned.
Council Member Slavik suggested that the Municipal Arts Commission study
this.
Mayor Jones suggested that the Council go into closed session to discuss
personnel matters after a five minute recess at 5:40 p.m.
A motion was made by Council Member Berlanga that the Council convene in
closed session to discuss personnel matters, seconded by Council Member
Guerrero, and passed unanimously.
City Secretary Chapa stated that the Council is reconvening in closed
session under the authority of Article 6252-17 of V.A.C.S. to discuss personnel.
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
May 7, 1985
Page 22
Mayor Jones reconvened the regular Council Meeting at 5:47 p.m. to consider
the recessed public hearing on the zoning application for Exxon Corporation.
The Mayor stated that Mr. Utter had worked out a deal with the parties involved
and asked him to briefly explain it.
Mr. Utter explained the plan that had been worked out and indicated that
the staff concurs. He stated that they plan to utilize the existing site plan
and the adjacent property owners have agreed to the plan, provided Exxon will
maintain the fence, and agrees to dedicate a piece of property to the adjacent
property owner, subject to the approval of the Exxon home office. He pointed
out the portion of land to be dedicated to the adjacent property owners and the
area to be planted with greenery and maintained by Exxon.
A motion was made by Mayor Pro Tem Best that the hearing be closed,
seconded by Council Member Mendez, and passed unanimously.
A motion was made by Council Member Pruet that the requested zoning on
Application No. 283-13 be denied and in lieu thereof that a revised special
permit be approved to allow for the construction of a service station, subject
to the dedication of a 20 foot by 78 foot portion of this property to the owner
whose property abuts on the north; that Exxon be required to install a new
standard screening fence along the new property line and 60' west of the west
right-of-way line of Topeka Street; such area to have grass, plants, and an
underground irrigation system installed and maintained as a green buffer area,
all in accordance with a revised site plan. The motion was seconded by Mayor
Pro Tem Best, and passed unanimously.
The Council then reconvened into executive session at 5:55 p.m.
* * * * * * * * * * * * *
Mayor Jones reconvened the Regular Council Meeting at 7:05 p.m.
There being no further business to come before the Council, on motion by
Mayor Pro Tem Best, seconded by Council Member Pruet and passed unanimously, the
Regular Council Meeting was adjourned at 7:05 p.m., May 7, 1985.
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