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HomeMy WebLinkAboutMinutes City Council - 05/14/1985Present: Mayor Luther Jones Mayor Pro Tem Jack Best Council Members: David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 14, 1985 2:00 P.M. 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 Chambers of City Hall. The invocation was given by Deacon Walsh of St. Patrick's Catholic Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member David Berlanga. 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 Frank Mendez that the Minutes of the Regular Council Meeting of May 7, 1985 be approved; seconded by Council Member Leo Guerrero; and passed unanimously. Mayor Jones presented retirement Retirement Plaque: Name: * Mr. Ms. Mr. Mr. Mr. Mr. Manuel Herrera, Jr. Edith Burns Thomas L. Eyler Francisco Guerra Mariano Salas Baldemar Tanguma plaques to the following employees: Department: Municipal Court Data Processing Gas Transit Public Utilities Fire Position: Years of Service Warrant Officer Keypunch Operator Sr. Gas System Foreman Bus Operator Sr. Utilities Serviceman Captain 14 15 19 19 25 34 MICROFILMED Minutes Regular Council Meeting May 14, 1985 Page 2 * Mr. Herrera was eligible to receive a plaque but was unable to attend the meeting. * * * * * * * * Mayor Jones called for consideration of Board and Committee appointments and Action of the Council from the Workshop Session. A motion was made by Council Member Linda Strong that the following items be confirmed, seconded by Council Member Berlanga, and passed unanimously. I. BOARD AND COMMITTEE APPOINTMENTS: a. Transportation Advisory Board: Term: Dr. Miriam Wagenschein 4-30-88 b. Municipal Arts Commission: (Appointed by the Mayor subject to confirmation by the Council) Mr. Bruno Andrade c. Building Standards Board: Mr. Ben Grande, Jr. 9-01-85 3-03-88 K. ACTION OF THE COUNCIL FROM THE WORKSHOP SESSION: 1. Accepting the report of the Ad Hoc Water Advisory Commission and approving the recommendation to hire a consultant to be selected by the Commission and report to the Commission at a cost not to exceed $50,000 to evaluate alternatives for increasing water supply from the Nueces River Basin and authorizing the City Manager to enter into the appropriate agreements. 2. Approving the implementation of the Business and Industry Recognition Program. In reference to Item 1 pertaining to the employment of a consultant, City Manager Martin explained that this study will be accomplished within the next few months because the Water Advisory Commission hopes to complete the study before a decision is made on obtaining water from Lake Texana. * * * * * * * * * Mayor Jones announced the bid opening on the following engineering project: 1. IH -37 Water Line Adjustments, Phase A: 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 IH -37 construction in the area. lutes Kegular Council Meeting May 14, 1985 Page 3 Assistant City Manager James K. Lontos informed the Council that this is a major project which will cost about $2 million; this is just one phase of it; and the City will be reimbursed by the State Department of Highways and Public Transportation. He then opened bids from the following companies: Claude Chapman Construction Co.; F & E Erection Company, Inc.; D. George Company, bidding as Jalco; W. T. Young Construction Company; and Heldenfels Brothers, Inc. Mr. Lontos verified that all of the bidders had submitted the required bid security bond. Mayor Jones expressed appreciation to the companies that 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 Jones called for consideration of the Consent Motions on the following items and suggested that Item No. 1 be considered separately. 1. Awarding the main depository agreement for the ensuing two year period or until a new depository is selected, to First City Bank of Corpus Christi for an estimated annual cost of $78,997 and awarding depository agreements for investment purposes for the ensuing two year period or until new depositories are selected, to the following banks: Maximum Amount of Investments Accepted MBank $150,000,000 Texas Commerce Bank - Corpus Christi 100,000,000 American National Bank 10,000,000 Bank of Corpus Christi 3,000,000 Coastal Bend National Bank 1,000,000 First Commerce Bank 10,000,000 First National Bank of Corpus Christi 2,000,000 International Bank of Corpus Christi 5,000,000 Southern National Bank 2,000,000 Texas Commerce Bank - Gulfway 1,000,000 MBank - South 2,000,000 Western National Bank 1,000,000 First State Bank 20,000,000 City Manager Martin briefly explained the State law which requires that affidavits must be filed by local public officials or by persons related to that official in the first or second degree of either affinity or consanguinity if they have a substantial interest in a business entity that would be affected by any official action taken by the governmental body. Minutes Regular Council Meeting May 14, 1985 Page 4 City Manager Martin stated that four Council Members have filed such affidavits with the City Secretary prior to consideration of Item 1 and they will abstain from further participation in the matter to avoid a conflict of interest. He suggested that this motion be approved by a roll call vote which will allow each member to abstain on the portion involving the bank in which they have interest. In further discussion of this item, City Manager Martin informed the Council that four bids had been received for the main depository; they were very competitive; this is the first time that First City Bank has acted as the City's depository; and they are making adjustments to provide these services. City Secretary Chapa polled the Council for their vote to approve Item 1 and it was approved as follows: Mayor Jones voted "Aye" on all of the banks with the exception of MBank on which he abstained: Best voted "Aye" on all of the banks with the exception of Bank of Corpus Christi on which he abstained; Berlanga, "Aye"; Guerrero, "Aye"; McComb, "Aye" on all of the banks with the exception Texas Commerce Bank - Gulfway on which he abstained; Mendez, "Aye"; Pruet, "Aye"; Slavik, "Aye"; and Strong "Aye" on all of the banks with the exception of American National Bank on which she abstained. 2. 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 an estimated 42 tapping sleeves and 38 tapping valves, to be stored in the Warehouse and used by the Water Division, based on low bid to the following companies: a. Corpus Christi Pipe & Supply Tapping Sleeves Total: $7,849.51 b. Clow Corporation Tapping Valves Total: $10,287.78 GRAND TOTAL: $18,137.29 Eight bid invitations were issued and four bids received. Prices on tapping sleeves have decreased approximately 38%. Specifications have been amended to include tapping sleeves manufactured from a different material than otherwise specified in the last contract. Prices on tapping valves have increased approximately 13% from last contract of May 1983. 3. Approving purchase of one 27 PTO horsepower tractor with front loader and flail mower for the Wastewater Division, based on low bid to Nueces Ford Tractor for $13,194. Five bid invitations were issued and five bids received. :lutes .egular Council Meeting May 14, 1985 Page 5 4. The Maintenance Services Building projects be accepted as complete and the following action be taken on the two contracts: a. Mendez Construction Company, whose contract totaled $27,747, be granted a 12 -day time extension against an 18 -day contract overrun, liquidated damages at the rate of $45 per day be charged for the remaining 6 days, for a total of $270, and final payment of $3,462.30 be authorized. b. Black Brothers Construction Company, Inc., whose contract totaled $8,657, be granted a 7 -day time extension to supplement 20 working days allotted because of delays beyond the contractor's control and final payment of $865.70 be authorized. This project provided for dismantling a 4,000 square foot pre-engineered steel building located on the new City Hall site at Leopard Street and transporting and re -erecting this building at the City Service Center. 5. A revocable easement be granted to Most Precious Blood Catholic Church at 3502 Saratoga Boulevard, which would permit the church to construct a private lift station and place a force main in the public rights-of-way of Carroll Lane and Norchester Drive for the purpose of pumping sanitary sewage to the existing public sewer system in Schanen Estates West Subdivision. 6. Accepting the Broadway Wastewater Treatment Plant Minor Improvements project and authorizing final payment of $8,021.97 to J. D. Construction and Refinery Maintenance, Inc. It is further recommended that the contractor be granted a 17 -day time extension due to material delivery delays beyond his control. Improvements in this project, which had a total cost of $80,219.70, included the replacement of sludge lines in two clarifiers, the installation of electronic metering and recording equipment, the installation of approximately 1,000 feet of perimeter security fence and the installation of an effluent meter to meet Department of Water Resources' requirements. 7. Accepting the third water well drilled under the Crowell Drilling Company contract and authorizing final payment of $43,903.79. The well is located on the leased Phillips property near Lake Corpus Christi. Total cost of this well is $135,908.92. Mayor Jones referred to Item No. 7 and inquired about the plans to test the wells. City Manager Martin explained that Reed and Associates will coordinate testing periodically to be sure that they are in order. He mentioned that if the City discovers in a few years that the wells are not needed, the pumps will be pulled and stored to preserve them. Minutes Regular Council Meeting May 14, 1985 Page 6 Council Member Slavik referred to Item No. 6 and inquired if the Broadway Wastewater Treatment Plant now meets federal guidelines. Assistant City Manager Lontos assured her that it does; these are three additions to the plant that the Staff felt were essential; there is no federal participation on this; but the plant does meet state and federal requirements. Mayor Jones called for comments from the audience on the Consent Motions. No one spoke. A motion was made by Mayor Pro Tem Best that Items 2 through 7 be approved; seconded by Council Member Guerrero; and passed unanimously. Mayor Jones called for consideration of Consent Ordinances and Ordinances from Previous Meetings on Items 8 through 17. In reference to Ordinance No. 9 which appropriates funds for the purpose of acquiring bus shelters, Council Member Guerrero stated that at one time, the City had received a proposal from a company that offered free shelters which would carry advertising. He questioned why no consideration was given to that company rather than the purchase of the bus shelters. City Manager Martin stated that he understood that this proposal was referred to the Transportation Advisory Board for consideration, and Council Member Guerrero stated that he did not believe that the Transportation Advisory Board had ever contacted the individual who presented that proposal. Mr. Tom Stewart, Director of Transportation, explained that a gentleman did go by to visit with Staff at the Transit Division but there was a problem in advertising on the bus shelters since the City already has a franchise with Eli Abrams. Council Member Guerrero requested that the company be considered in the future before additional bus shelters are purchased. Council Member Mendez referred to Ordinance No. 11 which authorizes replacement of curb and gutter along the south side of Acushnet Drive and stated that he was under the impression that curbs, gutters, sidewalks are the responsibility of the abutting property owner. Assistant City Manager Lontos explained that Acushnet Drive was not really designed for heavy traffic; buses use that street right in front of the apartments to stop and turn; there may have been some water under the curb that made them deteriorate more quickly and the City is of the opinion that the damage was caused by the buses and it is the City's responsibility to replace them. He explained that the Street Division usually makes such repairs but they are not equipped to perform this type of improvement. mites regular Council Meeting May 14, 1985 Page 7 Council Member Berlanga inquired if a bus shelter was designated for the intersection of Comanche and Staples, and Mr. Stewart replied that that location is on the list for new shelters. Mayor Pro Tem Best referred to the concern expressed by Council Member Guerrero earlier and inquired if the Staff plans to check into the possibility of obtaining the free bus shelters with advertising, and Mr. Stewart assured him that the Staff would do so. Mayor Jones referred to Ordinance No. 13 which amends the Corpus Christi Business Development Commission to add two additional members and also approving a motion appointing Mr. Berney Seal and Mr. Lon Hipp to the Corpus Christi Business Development Commission with terms to January 26, 1986. He stated that this ordinance actually should be in three separate parts: (1) to amend the portion of the City Code pertaining to this; (2) authorizing the Mayor to appoint the two additional members; and (3) confirmation by the Council of the Mayor's appointments. City Manager Martin agreed that that was correct. Council Member Strong stated that she would like to make a comment about Ordinance No. 14 which is to approve a zoning application of Humana Hospital for a special permit for signage and stated that last week, she voted against this issue because she had some concern about a sign company that disregarded the City's ordinances. She stated that she had reviewed the signs allowed under the proposed special permit and had compared it to the signs allowed for Spohn and other hospitals and she did not feel that these were any more objectionable. She stated that for this reason, she plans to vote in favor of the ordinance granting the special permit. Council Member Guerrero asked the City Secretary to review the vote on the motion the preceding week. City Secretary Chapa complied and informed the Council that the motion to grant a Special Permit was made by Mayor Pro Tem Best and seconded by Council Member Mendez and the vote was as follows: Jones, Best, Mendez, Pruet and Slavik voting "Aye"; Berlanga, Guerrero, McComb and Strong voting, "No". Council Member Berlanga stated that he, too, had voted in opposition to the motion because the sign company did not acquire the proper permits, but in view of the fact that the Council previously approved other hospital signs, he was now of the opinion that the Council should not single out Humana Hospital to deny the signs. Council Member McComb indicated that he was opposed to passing the ordinance granting the special permit because basically this would indicate that the Council is allowing a sign company to install signs wherever they desire and then, allowing them to come to the Council for a change of zoning. Minutes Regular Council Meeting May 14, 1985 Page 8 Council Member Guerrero agreed, stating that there seemed to be more and more of these types of zoning cases throughout the City in which people had gone ahead and done whatever they desire without a permit and without appropriate zoning. He stated that if the Council continues to approve special permits in these types of situations, they will be confronted with more cases every week. Mayor Jones called for comments from the audience on the Consent Ordinances. Speaking in regard to the same ordinance was Mr. Leroy Hagens, Administrator of Humana Hospital, who stated that the type of signs installed at the local hospital are the same used by Humana all over the country. He informed the Council that he was assured by the sign company that they had obtained all of the necessary permits, and if he had known that this was not true, he would have personally obtained the permits. He apologized for the events that had happened and requested that the Council approve the special permit to allow the signs to remain. Deacon Walsh, St. Patrick's Catholic Church, stated that the church has no objection to the signs and urged that the Council allow the signs to remain to assist people in obtaining medical assistance. Mr. Allan Potter spoke in opposition to granting the special permit for Humana and suggested that the signs that are directional in nature could be placed in the public right-of-way similar to those installed near Spohn Hospital. He informed the Council that the signs contained quite a bit of blank areas and they could have been much smaller. He expressed the opinion that to approve this special permit is unfair for legitimate sign companies that obtain the appropriate permits. Mr. Potter stated that he is just an individual protesting this and it was his understanding that representatives of the hospital have spent a great deal of time working on this during the week in order to have the special permit approved. Mr. Richard Battles, Principal of Fisher Elementary School, which is located in the area, spoke in favor of the signs remaining as they are. He stated that the parking lot for the school is located near to the hospital and they have no objection to the signs that have already been installed. Mr. David Smith, representing Humana Hospitals, addressed the Council and stated that this is a hospital where signs are a necessity. He pointed out that they have already apologized for the people who were employed to install the signs; had the hospital been aware that the signs were being installed without a permit, hospital representatives would have been glad to obtain the appropriate permits; and reminded the Council that none of their signs encroach upon the public right-of-way as some of the signs at Spohn Hospital did and which were allowed to remain in the public right-of-way. He stated that if this is not approved, it will be necessary to install signs on the medical building which might be more objectionable than the signs that are now in existence. nutes Regular Council Meeting May 14, 1985 Page 9 There were no further comments on the ordinances; City Secretary Chapa polled the Council for their vote; and the following ordinances were passed: 8. ORDINANCE NO. 18824 APPROPRIATING $48,154 OUT OF NO. 209 COMMUNITY CONVENTION FACILITY BOND FUND FOR THE PURCHASE OF EQUIPMENT FOR THE CONVENTION CENTER; 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." 9. ORDINANCE NO. 18825 APPROPRIATING $45,000 OUT OF NO. 218 TRANSIT BOND FUND FOR THE PURCHASE OF BUS STOP SIGNS ($15,000) AND BUS SHELTERS ($30,000) AS PROVIDED FOR IN UMTA CAPITAL GRANT PROJECT TX -05-0036, BOND FUND PROJECT NO. 218-72-4, TRANSIT SYSTEM CAPITAL IMPROVEMENTS (1978); 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. 18826 CLOSING AND ABANDONING PORTIONS OF THE 10 FOOT WIDE UTILITY EASEMENT IN LOT 1, BLOCK 1, SANDLEWOOD SUBDIVISION, SUBJECT TO THE PROVISIONS LISTED BELOW; 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." 11. ORDINANCE NO. 18827 AUTHORIZING THE REMOVAL AND REPLACEMENT OF APPROXIMATELY 300 LINEAR FEET OF CURB AND GUTTER ALONG THE SOUTH SIDE OF ACUSHNET DRIVE BY BELLWETHER CONSTRUCTION COMPANY; APPROPRIATING $4,875; 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 N0. 18828 AUTHORIZING CHANGE ORDER NO. 1 TO THE CONTRACT WITH SKILLCRAFT INDUSTRIES AS PROVIDED FOR IN UMTA CAPITAL GRANT PROJECT TX -05-0073-01, BOND FUND PROJECT N0. 218-77-2, TRANSIT SYSTEM CAPITAL IMPROVEMENTS (1981); APPROPRIATING $4,995 OUT OF N0. 218 TRANSIT BOND FUND; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting May 14, 1985 Page 10 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. ORDINANCE NO. 18829 AMENDING CHAPTER 2, ADMINISTRATION, DIVISION 12, BUSINESS DEVELOPMENT COMMISSION, SECTION 2-140 OF THE CITY CODE, INCREASING THE CORPUS CHRISTI BUSINESS DEVELOPMENT COMMISSION BY TWO (2) MEMBERS, AND OTHER AMENDMENTS PERTAINING TO THE SUBJECT; 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." 14. ORDINANCE NO. 18830 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF HUMANA HOSPITAL, INC. BY GRANTING A SPECIAL COUNCIL PERMIT FOR SIGNAGE ON LOTS 6 AND 7, H.E. BUTT TRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero and McComb voting "no." 15. FIRST READING CLOSING AND ABANDONING A PORTION OF CACTUS ROAD; PROVIDING FOR REPLATTING. 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." 16. FIRST READING AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND SHERROD CONSTRUCTION COMPANY, A GENERAL PARTNERSHIP, FOR THE ANNEXATION OF APPROXIMATELY 60.340 ACRES OF LAND BEING A PORTION OF LOTS 3 AND 4, BOTH IN SECTION 1, NUECES RIVER IRRIGATION PARE„ NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; 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." nutes ..egular Council Meeting May 14, 1985 Page 11 17. SECOND 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 second time and passed to its third reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." Mayor Jones called for consideration of the following Motion from the Regular Agenda: 18. Plans and specifications be approved and bids be received on June 11, 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. City Manager Martin explained that Staff had been confronted with an unexpected approximately $2 million expenditure because of numerous cave-ins that have occurred during the past twelve months on the Oso Trunk Sewer Main. He stated that this is the same problem that occurred with the McArdle sewer line; there have been many cave-ins and attempts to repair them; the Staff was hopeful that the minor repairs would correct the problems or that complete repair of the line could be delayed until the next bond issue but neither of those measures are possible. He stated that the options to be considered are: (1) doing nothing; (2) to put in a complete new sewer line; (3) perform sliplining; and (4) perform repair work by installing additional lift stations. Mr. Martin continued by stating that after careful study, it is the Staff's recommendation that the City go out for bids on the sliplining project. He informed the Council that the estimated cost is $1.9 million and it is going to be necessary for potential bidders to examine the line and include recommendations as to how it should be done. Be then asked Assistant City Manager Lontos to describe the proposed process. Assistant City Manager Lontos displayed a transparency showing the location of the trunk sewer main to be included in this project which extends from Daley Drive northward on Williams Drive to Pinewood west to Beechwood Drive and then turns north on Beechwood Drive past Airline Road to a point just beyond Leslie Lane. He explained to the Council that this is one of the two major trunk lines that were constructed in the 1950s; it continues An to Staples Street; turns Minutes Regular Council Meeting May 14, 1985 Page 12 slightly and goes down Bonner Drive to Curtis Clark Road. He stated that up to the point where it connects to Bonner, it is a concrete sewer line which has badly deteriorated. He mentioned that the Staff has been able to make a better evaluation of the trunk line since it was not so overloaded after the major line was constructed on Saratoga. Mr. Lontos continued by stating that the largest issue would be the cost but explained the necessity to perform the major repairs because there are many other lines that flow into this line from numerous subdivisions. He stated that they estimate the cost to completely replace it to be in excess of $3 million and briefly described the possibility of installing a lift station and making connections to relieve some of the flow in this line. He explained, however, that that cost would be more than sliplining and would include operating costs of the lift station. Assistant City Manager Lontos agreed with the City Manager that the sliplining is the preferable alternative and assured the Council that plastic mortar pipe would be used and this type of sliplining could be installed in sections so that the joints can be connected which would be much more preferable than the polyethylene pipe that was used to slipline the McArdle Sewer Trunk Main. He agreed that there will be problems encountered on Beechwood Drive and next to the Candlewood Apartments. He noted that there are also other critical areas because of limited right-of-way. He explained that the existing concrete pipe is 42 inches in diameter and the slipliner is 36 inches. Council Member McComb inquired if any of the projected development will be served by this line, and Mr. Lontos stated that there is a lot of new development that will have to be served by this line. Council Member McComb inquired if the Staff did not think it would be wise to ask for an alternate bid for a new trunk line, and Mr. Lontos replied that the Staff examined each type of approach and sliplining seemed to be the most economical approach. City Manager Martin interjected that if the bids received are well over $2 million, the City can go out for bids for a new trunk line but they feel that it is a good idea to go out for bids for the sliplining first. Mr. Lontos stated that a new line could be installed down Williams Street but in order to do that, connections would have to be made which would require tearing up many intersections. Council Member Pruet inquired if it would not be possible to ask the bidders to bid the project for both sliplining and a new trunk line. Assistant City Manager Lontos agreed that if it is the Council's desire, the City can do that but the Engineering Department would have to develop the plans and specifications for that as well and timing is critical now. He stated that it would require at least two months to prepare the plans and specifications. lutes “gular Council Meeting May 14, 1985 Page 13 City Manager Martin pointed out that the most difficult thing that the Council is going to have to do is to accept the Staff's recommendation on the best bid whether it is the lowest bid or not because this matter is serious enough that the Westside Plant would have to be delayed. He reiterated that this project cannot wait. Further discussion followed in regard to various possibilities and the proposed funding for the project. Council Member Mendez suggested that if $1.9 million is taken from the Sewer Bond Fund for this project, he was of the opinion that the City Council should make a commitment that the remaining funds will be used for the lines in Flour Bluff and on the northwest side. Mayor Pro Tem Best made a motion that the Council approve the recommendation of the Staff to slipline the Oso Trunk Sanitary Sewer System, Phase I. The motion was seconded by Council Member Pruet. City Manager Martin assured the Council that after the bids are received, the Staff will prepare a major analysis and if the bids are well over $2 million, then consideration could be given to a new trunk line but he pointed out that the new line would certainly be a more disruptive type of construction than sliplining. The motion to approve Item 18 passed unanimously. Mayor Jones departed the Council Meeting at 4:05 p.m. and requested that the Mayor Pro Tem preside. Mayor Pro Tem Best announced the public hearings on four zoning applications. 19. Application No. 485-1, Univest, Inc.: "A-1" to "B—l" Located on the east side of Kostoryz Road, between Holly Road and Crestridge Drive. Assistant City Manager Tom Utter informed the Council that in response to the nineteen notices of the public hearing, two in favor and one in opposition had been returned and that both the Planning Commission and Planning Staff recommend approval. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, noting that it is at the corner of Holly and Kostoryz, described the land use in the surrounding area and showed slides of the vicinity. Minutes Regular Council Meeting May 14, 1985 Page 14 Mayor Pro Tem Best called for those who wish to speak in opposition to do so. Mr. Ted Liebetron stated that he felt that "AB" zoning would be preferable on the front portion of the property but that he preferred that the land remain vacant. No one else spoke in regard to this zoning application. A motion was made by Council Member Berlanga that the hearing be closed, seconded by Council Member McComb and passed unanimously. City Secretary Chapa polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 19. ORDINANCE NO. 18831 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF UNIVEST, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 30, BLOCK 12, CRESTMONT UNIT 3-R, FROM "A-1" APARTMENT HOUSE DISTRICT TO "B-1" NEIGHBORHOOD 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 voting "aye"; Jones and Strong absent at the time the vote was taken. Mayor Jones returned to the Council Chamber at 4:10 p.m. 20. Application No. 485-4, Mr. James W. Ledford: "R -1B" to "B-1" Located at the northeast corner of Airline Road and Lyons Street. Mr. Utter informed the Council that in response to the eleven notices of the public hearing that were mailed, one in favor and two in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend denial of the "B-1" zoning but in lieu thereof, that "AB" zoning be granted. He informed the Council that the applicant is willing to accept the "AB" zoning. Mayor Jones called for those who wish to speak in opposition, and there was no response. A motion was made by Council Member Guerrero that the hearing be closed, seconded by Council Member Pruet and passed unanimously. Mr. Wenger displayed the slides showing views of the area. lutes ..egular Council Meeting May 14, 1985 Page 15 City Secretary Chapa polled the Council for their votes on the ordinance effecting the zoning change and the following was passed: 20. ORDINANCE NO. 18832 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JAMES W. LEDFORD BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 1, 2, AND 3, BLOCK B, AIRLINE 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: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 21. Application No. 385-1, Mr. Morris Lichtenstein: "R-2" to "AB" Located on the north side of Wooldridge Road, approximately 260' west of Fulton Drive. Assistant City Manager Utter informed the Council that in response to the fourteen notices of the public hearing, one in favor and two in opposition, plus a petition containing twelve signatures, four of which were in the 200 -foot area of notification, had been submitted. He stated that the Planning Commission and Planning Staff recommend denial of this application. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. He stated that the Staff feels that "AB" zoning would provide the proper transition between the residential and business use in the area. In response to Council Member Slavik's question, Mr. Utter explained that the petition was submitted by the Wooldridge Creek Neighborhood Association expressing opposition to the change of zoning. He explained other comments received. He pointed out that approving this application would change the basic nature of Wooldridge Road in this particular area because all of the rest of the road is either residential or "F -R" Farm Rural District, therefore, the Staff and the Planning Commission recommend denial. Council Member McComb noted that there is a park located in the area and he felt that it would be better to retain the existing "R-2" zoning. In response to Council Member Guerrero's question in regard to the number of units allowed in "AB" zoning, Mr. Wenger explained that "AB" zoning allows 36 units to the acre which would be a much greater density than the existing zoning. He reiterated that if this were zoned for business, it would set a precedent for the very large area across the street which is now zoned "F -R". Mayor Jones called on the applicant to speak. Minutes Regular Council Meeting May 14, 1985 Page 16 Mr. Tim Clower, 421 Texan Trail, appeared representing the applicant. He pointed out that there was a zoning case on the other side of Wooldridge that was zoned "AB" and there is business zoning a little further down Wooldridge Road. He stated that Wooldridge is going to be a major arterial street and his client has agreed to deed restrict this tract of land to prohibit apartments and to limit the structures to one-story office buildings. He explained that Mr. Lichtenstein plans to construct an office building on Wooldridge and townhouses on the rear portion of the property. Speaking in opposition to the request was Mr. William Sanderson, 2410 Rainy River, Vice President of the Wooldridge Creek Neighborhood Association. He stated that he was not familiar with City policies and if discussion is in regard to establishing a precedent, they appeared in favor of Mr. Lon Hipp's request for a change of zoning but they did not intend to encourage the establishment of a precedent in connection with that zoning case. He stated that they are opposed to anything but residential and urged denial of this request. Also speaking in opposition to the request was Mr. Robbie Richter, 5933 Knotty Oaks, President of the Wooldridge Creek Neighborhood Association. He stated that they are concerned about their neighborhood because it is composed of young families with a number of small children. He stated that they object to business zoning being approved. A motion was made by Mayor Pro Tem Best that the hearing be closed, seconded by Council Member Guerrero. Mrs. Susan Farris addressed the Council and stated that she, too, is opposed to the change of zoning. The motion to close the hearing passed unanimously. A motion was made by Council Member McComb that the Council concur with the recommendation of the Planning Commission and Planning Staff and that the application be denied. The motion was seconded by Council Member Slavik and passed unanimously. 22. Application No. 485-5, Transamerica Trading Company, Inc.: "A-1" to "AB" Located on the west side of Ocean Drive, approximately 250' south of Morgan Avenue. Mr. Utter stated that in response to the ninety-six notices of the public hearing, eight in favor and five in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend denial. nutes ..egular Council Meeting May 14, 1985 Page 17 Mr. Utter provided background information and informed the Council that the application was submitted to the Planning Department in March but on April 8, 1985, a permit was taken out at the Building Division specifically for general repairs only and on May 2, 1985, an inspection was made by Mr. Roy Rivera of the Building Division. He reported that there was substantial work on the inside of the building occurring and that work appeared to be for an office. Mr. Utter stated that on May 6th, Mr. Rivera issued a stop work order because the work being done was obviously not in compliance with the permit that had been taken out. He explained that as of this date, it was already being used as an office. He further informed the Council that a request was made to Central Power and Light Company and the Utilities Department to cut off service to this residence. Mr. Wenger located the area on the zoning and land use map, stating that it is zoned "A-1". He described the land use in the surrounding area and showed slides of the vicinity. He emphasized to the Council that even if they grant a special permit for an office building, a precedent will be established. He reminded the Council that Ocean Drive is a heavily traveled street; there is an alley but access to the property would be very difficult. He stated that the Planning Staff strongly recommends denial of this application. Mr. Richard Perez, 225 Cape Henry, stated that this is the first time that he was aware that his utilities were being disconnected. He explained that he had been out of the country and had had no notice of the problems with the property. Mr. Gerald Pascador of the Building Division stated that the notice was given to the Superintendent on the job, Mr. Ralph Perez, and the notice in regard to the misuse of the property was given to Mr. Pablo Moreno. Mr. Perez continued his presentation by stating that at the time he purchased this property, he was told that it was zoned "AB" and after he had purchased it, he found out that it was not. He stated that they made the decision to go ahead and renovate the building after the zoning application was recommended for denial by the Planning Commission. He explained that they had designed the building renovation so that it could be leased as apartments if the "AB" zoning was not approved by the Council. He reiterated that he travels a great deal and was out of the country during the renovation and his accountant made the decision to move the offices there anyway. Council Member Strong, noting the presence of Mr. Jim Long of Vestland Real Estate, inquired of him if he in fact did inform Mr. Perez that the property was zoned "AB" at the time it was sold. Mr. Long stated that he did not represent this property to Mr. Perez as being zoned "AB" when he sold it. Council Member Mendez inquired if prior to this sale, this residence was not used for offices. Minutes Regular Council Meeting May 14, 1985 Page 18 Mr. Wenger replied that it was used for apartments prior to the sale. Appearing on behalf of the applicant was Mr. Jim Long, Associate with Vestland Real Estate Company. He stated that he felt that a special permit might be considered for this property and presented a petition from six of the area property owners who are in favor of this change of zoning. He noted that this is for a small office for a local company; they do not generate a lot of traffic; they do not need a large sign; they plan to discontinue access from Ocean Drive; they will install a privacy fence; and the alley will be used for ingress and egress. Mr. Long expressed the opinion that the renovation being conducted right now will improve the house and improve the neighborhood. He displayed pictures of the adjacent properties in that immediate block which are in very poor condition. He stated that most of the property owners in the block are waiting to see what is going to happen before they make any improvements to their property. He pointed out that the Glasscock property is zoned "B-2" across the street and this would allow a building of several stories which would block the view of the water. He stated that all his client is doing is making improvements. No one else spoke in regard to this zoning application. A motion was made by Mayor Pro Tem Best that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. Council Member Slavik commented that the Spohn Hospital Area Study recommended that multiple -family dwellings be located in this area and she stated that she would hate to see this approved because it would set a precedent. She also expressed the opinion that this is a very poor location for an office. A motion was made by Council Member Slavik that the Council concur with the recommendation of the Planning Commission and Planning Staff and that the application for a change of zoning from "A-1" to "AB" be denied. The motion was seconded by Council Member Pruet. Council Member Berlanga pointed out that this area is deteriorated and he felt that any improvement would be acceptable because they are only upgrading the neighborhood. He stated that he will vote against the motion to deny. Council Member Guerrero referred to the Planning Commission Meeting and pointed out that various neighbors were in favor of the change to "AB" zoning. He agreed that this particular block of Ocean Drive is in need of renovation and he saw no objection to having this particular structure renovated. Mr. Utter assured the Council that there is no objection to having this area renovated but he knew that a number of owners are looking for someone to break the zoning for this entire section of Ocean Drive. He stated that if the Council wishes the zoning to remain as it is, and if they made a strong statement to that effect, he felt that property owners in this block would make lutes ..egular Council Meeting May 14, 1985 Page 19 efforts to renovate their property. He stated that this Council and previous Councils have tried to keep the area zoned for multi -family use. He stated that it is his personal opinion that people have purchased property recently in this block because they felt that the zoning was going to change. He stated that in his opinion, it should remain zoned for apartments. He reiterated that he thought that a strong statement by the Council that they intended this to remain multi -family zoned would encourage the property owners to go ahead and renovate their property to improve the neighborhood. Council Member Strong stated that she did not have any problem with a property owner obtaining as much money as possible for their property through higher zoning but she does have quite a problem with people who have no regard for a pending zoning application and go right ahead and renovate property without the proper permits and even move into the building and operate it as an office. She stated that the Council cannot afford to allow this to happen. Council Member Berlanga inquired of the Staff as to what they see as a future for this area. Mr. Utter stated that he did not think that the property owners in this block will allow their property to be condemned and if the Council denies this permit, the property owner is going to have to perform some changes in that building to make it suitable for apartments. He informed the Council that windows have been installed in the residence that are solid plate glass and those are not allowed in residential areas. He explained that if the Council denies this zoning request, the property owner will either have to allow it to remain vacant or they can make changes and rent it for apartments. Mr. Utter reiterated that depending on how strong the Council is today on this zoning case that they will not approve business zoning on this block, he firmly believes that the property owners will renovate their property in the area. Council Member Berlanga expressed the opinion that there are some residences there that are in violation of City Codes, and Mr. Utter stated that he is not aware of any structures that are in violation of any City Codes. Council Member Guerrero stated that he did not have any problem with granting "AB" zoning. Mayor Pro Tem Best stated that he understood what Mr. Utter was saying because he heard the same thing on a piece of property further down Ocean Drive on a zoning case requesting that an architect's office be located there. He stated that the Council agreed that they certainly should keep business zoning out of this neighborhood. Mayor Jones stated that he felt that the motion to deny this request is proper. He recalled that discussion had been held about forming a Downtown Bayfront Commission to approve architectural changes all along Ocean Drive and he felt this was a good idea. Minutes Regular Council Meeting May 14, 1985 Page 20 Mr. Utter stated that he understood that this was one of the recommendations of Corpus Christi '90. Mayor Jones stated that he believed that that kind of concept would have to come in to control this area. He stated that there is a need to maintain the beauty of Ocean Drive and he felt that this application should be denied and the property owner will have to change the concept of the building to give it a residential appearance and make it suitable for apartments. Council Member Slavik noted that there have already been some serious mistakes made on zoning on Ocean Drive and she felt that the Council should be very careful about allowing zoning changes on this street. She pointed out that at least one investment company owns a piece of property on this portion of Ocean Drive and if the Council denies this request, perhaps they will go ahead and renovate the property for apartment rentals. Council Member Pruet pointed out that the owner was out of the country when it occurred but he admitted that he did have an alternate plan for apartments. The motion to deny the application passed unanimously. Mayor Jones reminded the Council of a meeting scheduled for 3:30 p.m., Friday at the Convention Center near the escalators on Drugbust. He urged the Council Members to attend. Mayor Jones then called for the City Manager's Report. City Manager Martin stated that he just had a few reminders: (1) Invitation for a reception announcing the Gas Rebate Program next Wednesday in Room 222 of the Bayfront Plaza Convention Center from 5:30 p.m. to 7:30 p.m. He stated that the Council probably had received invitations and he would like for them to attend if possible. Council Member Slavik inquired as to the funds for payment for this event, and City Manager Martin stated that it will be from the Gas Fund and noted that this is part of the marketing program for which funds had been allocated. He stated that they are attempting to persuade the builders to install gas. (2) Assessment Hearing scheduled for 7:30 p.m. that evening at the Annaville Elementary School. (3) Choke Canyon and Lake Corpus Christi trip scheduled for May 21st. The bus will depart City Hall at 7:30 a.m. He suggested that comfortable clothing be worn. (4) Special Meeting of the City Council at 8:30 a.m., Thursday morning, May 16th. rotes ._egular Council Meeting May 14, 1985 Page 21 Mayor Jones called for Petitions or Information from the Audience on Items not Scheduled on the Agenda and recognized Mr. S. E. Kelly of Central Power and Light Company. Mr. S. E. Kelly, District Manager for Central Power and Light Company, informed the Council that the company is in the process of making several changes, stating that they are constructing additional offices in Corpus Christi to better serve the customers in the City. He stated that one building is under construction in the northwest part of the City and there are plans to construct other buildings including one in the south part of town. He then introduced several gentlemen with CP&L who will have new positions when the changes are made. They were: Mr. Larry Baker who will be in charge of the south side office; Mr. Joel Zapata who will be in charge of the northwest office; and Mr. Doyle Bryant, the current manager in Corpus Christi who will continue in the downtown office. Mr. Kelly continued by stating that the company still looks to the City as the entity that gave them a franchise and stated that they are greatful for the opportunity to serve the citizens of Corpus Christi. He said that the changes will be beneficial to all the citizens of Corpus Christi. Mayor Jones then expressed appreciation to Central Power and Light Company and their service to the community. Mrs. Alvarada Morin, a resident of Johanna Street, informed the Council that on March 12, 1980, a tract of land was being considered for a change of zoning from residential to business. She stated that the Council approved the zoning in spite of the fact that the Planning Commission and Planning Staff both recommended denial. She stated the agreement by the Council at that time was to not allow driveways to Johanna Street. She explained that it was with those provisions that the applicant could obtain the change of zoning. She stated that at that time, Mr. Leon Loeb was in partnership with Mr. Stern Feinberg of Master Hosts and they agreed there would be no entrances on Johanna but only from Ayers and Padre Island Drive. Mrs. Morin informed the Council that the owners have already constructed a driveway on to Johanna Street. Mayor Jones requested that the City Manager provide a report on this matter for the Council. Council Member Guerrero informed the Mayor that he had been working on this and he felt that the report was ready today. He stated that he has passed around pictures showing the neighborhood and driveways. Minutes Regular Council Meeting May 14, 1985 Page 22 City Manager Martin stated that the Staff has not been able to determine why the Council agreed to rezone the property because once rezoned, there can be no conditions to the zoning and if a special permit had been approved, any condition could be included in the special permit, particularly in regard to the prohibition of driveways from the property on to Johanna Street. He suggested that at this point, that Staff contact the owners and ask them in a good faith to remove the driveway on Johanna Street because it was the Council's intent that there be no driveways on that street. Mr. Martin reiterated that no one can determine why the Council at that time did not adopt a special permit rather than grant the zoning. Mr. Stern Feinberg, who was present in the audience, addressed the Council and stated that Mr. Loeb is the general partner. He stated that he is concerned about this and he thinks there has been a great deal of confusion. He referred to a letter he had received from then Assistant City Manager Archie Walker referring to Lots 44 and 45 but not the other property. He stated that the zoning case involved those lots but the driveway cuts have been made on another portion of their property. He assured the Council that he is concerned and they would like to deal in good faith and informed them that Mr. Loeb will be back in town soon and they will make sure that he contacts the City Staff in regard to this matter. Council Member Berlanga referred to a letter he had received from a lady who attended a Council Meeting but was not allowed to speak. He stated that the lady was concerned because while she was at a local bar, a nine or ten-year girl was present and she was obviously involved in child prostitution. He stated that the lady was of the opinion that there should be an ordinance prohibiting minors in a bar. Council Member McComb pointed out that this is illegal because the place of business could be turned in to the Texas Alcoholics Beverage Commission and they will withdraw their permit if children are allowed in the bar. Mr. Noe Morin, 2525 Johanna, also referred to the driveways that have been installed on the Loeb property. He urged that the Council do something to help the residents of Johanna Street. There being Council Member unanimously, the 1985. DZ/rr no further business to come before the Council, on motion by Berlanga, seconded by Council Member Strong and passed Regular Council Meeting was adjourned at 5:40 p.m., May 14,