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.
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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.
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.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.
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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.
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regular Council Meeting
May 14, 1985
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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.
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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."
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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
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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.
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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.
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..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
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..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,