HomeMy WebLinkAboutMinutes City Council - 05/28/1985MINUTES
City of Corpus Christi, Texas
Regular Council Meeting
May 28, 1985
2:00 p.m.
PRESENT
Mayor Luther Jones
Mayor Pro Tem Dr. Jack Best
Council Members:
David Berlanga, Sr.
*Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
City Manager Edward Martin
City Attorney Bruce Aycock
City Secretary Armando Chapa
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Council Member Bill Pruet, 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 of required Charter Officers
and verified that the necessary quorum was present to conduct a legally
constituted meeting.
A motion was made by Council Member Frank Mendez that the minutes of the
Regular Council Meeting of May 21, 1985 be approved as presented; seconded by
Mayor Pro Tem Jack Best; and passed unanimously.
* * * * * * * * * * * * *
Mayor Jones announced the presentation by the
of Fine Arts.
Mrs. Betsy Lambert introduced three children
the children provided the Council with copies of
Gold" which is available for sale; and she stated
with emphasis on the fine arts.
Chula Vista Elementary School
from the Chula Vista School;
a magazine entitled "Pot of
that Chula Vista is a school
* * * * * * * * * * * * *
MICROFILMED
Minutes
Regular Council Meeting
May 28, 1985
Page 2
Mayor Jones called on Mr. David Longoria to make a presentation.
Mr. Longoria, President of the Pan American Golf Association, presented the
Council with an oil painting of Gabe Lozano, Sr. He stated that this picture
would be hanged at the Gabe Lozano, Sr. Golf Center.
* * * * * * * * * * * * *
Mayor Jones then administered the Oath of Office to the following newly
appointed board members: Mr. Servando Caballero, Loan Review Committee/Corpus
Christi Housing Finance Corporation and Mr. Henry Gorham, Sister City Committee.
* * * * * * * * * * * * *
*Council Member Leo Guerrero arrived at 2:10 p.m.
Mayor Jones called for consideration of Action of the Council from the
Workshop Session, and City Secretary Chapa polled the Council for their vote on
the following resolution:
RESOLUTION NO. 18864
CONFIRMING THE APPOINTMENT BY THE CITY MANAGER, PURSUANT TO THE CITY CHARTER,
ARTICLE III, SECTION 3, OF ALMA ANDERSON TO THE POSITION OF HUMAN RELATIONS
ADMINISTRATOR; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the resolution passed by the following vote:
Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye."
City Manager Edward Martin then introduced Ms. Anderson.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Motions.
1. Approval of specifications and authorization to receive bids June 26, 1985
for one sewer tool bucket and truck loader for the Wastewater Division.
Equipment is included in the 1984-85 Capital Outlay Budget with an
estimated expenditure of $35,000.
2. Approving purchase of one (1) 62 hp tractor loader backhoe and two (2) 77
hp tractor loader backhoes based on low bid to Preco Machinery Company for
a total award of $87,885. Prices have decreased 8% since last purchase in
May, 1984. Four bid invitations were issued and five bids received. These
units will be used by the Water, Gas and Wastewater Divisions.
3. Approving the purchase of 80 sealed coin box conversions for Duncan parking
meters for Traffic Engineering from Jerry Dreher, Distributor for Duncan
Industries, for the total amount of $9,500, based on only bid. This item
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Page 3
must be purchased from the original manufacturer. No other manufacturer
produces parts for Duncan meters.
4. Approving the purchase of forty-five double head and sixteen single head
parking meters for the Traffic Engineering Division, from POM, Incorporated
for the total amount of $14,080.64 based on low bid. This item is included
in the 1984-85 Capital Outlay Budget.
Mayor Jones referred to item 3, coin box conversions for parking meters,
and City Manager Martin explained that this would eliminate the actual handling
of the coins in that the coins would go directly into a sealed box.
In response to Mr. Berlanga's question on item 4, the purchase of parking
meters, City Manager Martin explained that these meters will not be placed in
the parking lot by the Old Courthouse, but that a recommendation on that parking
lot will be made in the future.
5. 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
swimming pool chemicals for Park and Recreation Division, based on low bid
to the following companies:
a. Acetylene Oxygen Company
Liquified Chlorine in 150# cylinders, est. 280
Total: $7,560
b. Dixie Petro -Chem
Muriatic Acid, Est. 3,375 lbs.
Bicarbonate of soda, Est. 3,500 lbs.
Total: $777
c. Van Waters & Rogers
Caustic Soda, Est. 33,000 lbs.
Soda Ash, Est. 40,000 lbs.
Calcium Hypochloride in 1006 drums, Est. 9
Total: $7,394
GRAND TOTAL: $15,731
Ten bid invitations were issued and five bids were received. Prices have
increased an average of less than 1% from last contract of May, 1984.
6. Authorizing the City Manager to advertise for proposals to provide long
distance telephone service for use by all City departments. It is
anticipated that appreciable savings will be realized through reduced rates
and improved control of long distance calling.
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Regular Council Meeting
May 28, 1985
Page 4
7. Authorizing the City Manager, or his designee, to advertise for proposals
to provide and install a telephone system in the new Central Library and to
enter into a non-exclusive supply agreement for additional equipment for
other City facilities and applications as necessary.
8. The following actions be taken on the Greenwood Park/Garcia School
Multipurpose Court project:
a. The contractor be granted a 14 -day time extension to supplement 25
working days allotted for the project due to excessive delays and
reworking as a result of extreme wet weather conditions.
b. The project be accepted and final payment of $11,677 be authorized to
Black Brothers Construction, Inc.
The total cost of this project, which is funded with 1977 Park Bond Funds
as part of the Tennis Improvement Program, is $33,925.
9. The following actions be taken on the Multicultural Center Site Development
project:
a. The project, with the exception of the 52 -space parking lot, be
accepted, and payment of $39,208 be authorized to Salazar
Construction, Inc.
b. The City Engineer be authorized to accept, and release funds for the
52 -space parking lot, authorized by Change Order No. 3, when the
parking lot construction has been completed.
This project provided for the construction of an entry plaza off Chaparral
Street near the Galvan House, a fenced courtyard with gazebo, a public
restroom building, landscaping and irrigation, construction of two parking
lots, area lighting, and related site work in the Historical Homes block.
The total cost of this project is $440,000.
10. Accepting the Acoustical Improvements to the Convention Center Exhibit Hall
and authorizing final payment of $3,016.20 to J & J Insulation and
Acoustics, Inc. The total cost of this project, which provided for the
installation of additional insulation in various areas of the Exhibit Hall
to improve acoustics, is $30,162.
11. The following actions be taken in connection with the Oso Wastewater
Treatment Plant Contract 4:
a. The contract with Permian Constructors, Inc., and Republic Mechanical
Corporation, a joint venture, providing for first phase expansion of
the Oso Wastewater Treatment Plant, be accepted, subject to claims and
defenses in pending litigation.
b. The contractor be assessed $87,300 liquidated damages for a contract
time overrun of 87.3 days at $100 per day.
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c. Retainage of $372,845.73 be withheld until litigation between
Permian/Republic and the City is resolved.
d. Deducting $54,394.17 for repairs performed on the traveling clarifier
bridges in order to bring them into acceptable condition for
installation by contractor on Contract 5. Permian/Republic refused to
make these repairs, thus, making it necessary for the City to have the
work done by the contractor on Contract 5.
Construction costs for this project totalled $7,456,914.67.
Council Member Mary Pat Slavik asked for an explanation of item 11, the Oso
Wastewater Treatment Plant Contract 4.
Assistant City Manager James R. Lontos explained that Contract 4 was
awarded in 1979 to Permian Construction Company and Contract 5 was awarded in
1981 to F & E Construction Company. He stated that both contracts involved
modifications to the plant and expansion from 12 million gallons per day to 16.2
million gallons per day, and that this does not involve any other expansions of
the plant.
City Manager Martin pointed out that this finalizes the past contracts,
noting that Contract 4 is subject to litigation.
Mayor Jones called for comments from the audience on the Consent Motions
and there were none.
A motion was made by Council Member Mendez that Consent Motions 1 through
11 be approved; seconded by Mayor Pro Tem Best; and passed unanimously.
* * * * * * * * * * *
Mayor Jones called for consideration of the Consent Ordinances and stated
that as a result of the Council's trip to Choke Canyon, a resolution will be
considered urging the Texas Parks and Wildlife Department to open the South
Shore Recreation Area facilities for public use. He stated that copies of this
resolution will be sent to the local legislative delegation.
Council Member Joe McComb stated that he supports the opening of these
facilities, but pointed out that it would be costly for the City to maintain
the grounds. He inquired if this action would jeopardize the City's
relationship with the Texas Parks and Wildlife Department.
City Manager Martin stated that the Parks and Wildlife Department implied
in their letter of April 17, 1985 that the problem of opening the facilities
lies with the City; he has responded to that letter with a strong position; and
the passage of the resolution is an act of supporting the opening.
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Regular Council Meeting
May 28, 1985
Page 6
Council Member Slavik stated that many people were concerned that the State
would not have the funds to maintain the facility, and Mayor Jones pointed out
that the City is just taking a position.
Council Member Berlanga stated that it is up to the City to accelerate the
opening of the park.
Referring to item 18, signalization of several street intersections,
Council Member Mendez inquired why FM 624 and Wildcat Lane was not listed for
signalization improvements.
Mr. Tom Stewart, Director of Transportation, stated that the intersections
listed are State Department of Highways and Public Transportation projects, and
the improvements to FM 624 and Wildcat Lane have already been authorized by
previous Council action, but there had been a delay in receiving the equipment.
Council Member Slavik inquired about item 20, the hiring of 48 temporary
positions for the summer recreation program, and Mr. Martin explained that all
48 positions would not be hired at once, but as the fees are collected more
positions would be filled. Mr. Martin elaborated that the Park Board had
recommended that a $10.00 per participant registration fee for the nine week
summer program be initiated, and that the revenue generated by the fee be
utilized for the hiring of additional staff.
Mayor Jones noted that any children that cannot pay the fee will still be
accepted into the program.
Mayor Jones called for comments on the Consent Ordinances, items 12 through
26.
Mr. Ron Dillinger, Three Rivers, Texas, expressed his gratitude for the
passage of the Resolution to the Texas Parks and Wildlife Department. He noted,
however, that the relationship between the City and the Wildlife Department is
strained; the Department was upset because they were not included in the
decision to drain the reservoir; and he suggested that in addition to the
resolution, the Council resolve the problems with the Parks and Wildlife
Department.
City Manager Martin brought to the Council's attention the fact that the
City is releasing 3 billion gallons a day over the dam, which is 30 days worth
of water.
There were no further comments from the audience on the ordinances; City
Secretary Chapa polled the Council for their vote; and the following were
approved:
12. ORDINANCE NO. 18847
ACCEPTING THE CONTRACT WITH F & E ERECTION COMPANY, INC. FOR IMPROVEMENTS TO THE
OSO WASTEWATER TREATMENT PLANT CONTRACT 5 AND AUTHORIZING FINAL PAYMENT IN THE
AMOUNT OF $217,305.15; GRAFITING THE CONTRACTOR A 103 -DAY EXTENSION TO THE
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CONTRACT PERIOD; APPROPRIATING $45,000 OUT OF THE NO. 250 SANITARY SEWER BOND
FUND FOR FINAL PAYMENT TO THE CONTRACTOR AND ENGINEER AND FOR RELATED EXPENSES;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following vote:
Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye."
13. ORDINANCE NO. 18848
AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE TEXAS -MEXICAN RAILWAY FOR THE
RIGHT -OF -ENTRY INTO TEXAS -MEXICAN RAILWAY PROPERTY FOR THE CITY TO CONSTRUCT A
PASSENGER DEPOT AND ASSOCIATED PARKING AND LANDSCAPING, REQUIRING THE TEXAS -
MEXICAN RAILWAY TO PROVIDE PASSENGER SERVICE BETWEEN CORPUS CHRISTI AND LAREDO
AND PROVIDING RIGHT -OF -ENTRY TO THE CITY TO REMOVE THE DEPOT UNDER CERTAIN
CONDITIONS; 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. 18849
AUTHORIZING THE EXECUTION OF A CONTRACT WITH ZELLER CONSTRUCTION COMPANY/MORGAN
SPEAR ASSOCIATES FOR THE CONSTRUCTION OF A RAILROAD PASSENGER DEPOT, FENCED
PARKING, LANDSCAPING, AND OTHER SITE IMPROVEMENTS; APPROPRIATING $150,000; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following vote:
Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye."
15. RESOLUTION NO. 18850
URGING THE TEXAS PARKS AND WILDLIFE DEPARTMENT TO OPEN THE CHOKE CANYON RESER-
VOIR SOUTH SHORE RECREATION AREA FACILITIES FOR PUBLIC USE UPON COMPLETION OF
CONSTRUCTION; 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."
16. ORDINANCE NO. 18851
APPROPRIATING $111,104.57 TO SUPPLEMENT $161,219.98 REMAINING FROM EXISTING
CONTINGENCY APPROPRIATIONS TO VARIOUS PROJECTS AS SHOWN ON EXHIBIT "A" TO
REIMBURSE THE GENERAL FUND FOR ENGINEERING SERVICES; 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."
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Regular Council Meeting
May 28, 1985
Page 8
17. ORDINANCE NO. 18852
ACCEPTING THE CONTRACT WITH GARRETT CONSTRUCTION COMPANY FOR RUNWAY 17-35
DRAINAGE IMPROVEMENTS AND SURFACE CORRECTIONS AND AUTHORIZING FINAL PAYMENT OF
$82,236.47; GRANTING THE CONTRACTOR A 28 -DAY EXTENSION DUE TO WET WEATHER, AND
ADDITIONAL WORK TO SUPPLEMENT 60 CALENDAR DAYS ALLOTTED, FOR A TOTAL OF 88 DAYS;
APPROPRIATING $4,618.85 OUT OF NO. 245 AIRPORT BOND FUND FOR FINAL PAYMENT TO
GARRETT CONSTRUCTION COMPANY AND GULF COAST TESTING LABORATORY, INC.; 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."
18. ORDINANCE NO. 18853
AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT WITH THE STATE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE CITY'S SHARE OF EQUIPMENT AND
MATERIAL COSTS NECESSARY FOR THE INSTALLATION OF SIGNALIZATION IMPROVEMENT AT
SEVEN INTERSECTIONS CITY WIDE; APPROPRIATING $11,080 AND UTILIZING PREVIOUSLY
APPROPRIATED FUNDING OF $19,962; 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."
19. ORDINANCE NO. 18854
AUTHORIZING THE EXECUTION OF APPRAISAL AGREEMENTS WITH THOMAS F. DORSEY AND
SIDNEY H. SMITH III FOR REAL ESTATE APPRAISAL SERVICES FOR THE ACQUISITION OF
FOUR PARCELS (#14C -D, 1, 2, 3) IN CONNECTION WITH THE INTERNATIONAL AIRPORT
EXPANSION LAND ACQUISITION AND CLEAR ZONES PROJECT; APPROPRIATING $11,500; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following vote:
Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye."
20. ORDINANCE NO. 18855
AMENDING THE FISCAL YEAR 1984-85 BUDGET, SPECIAL PROGRAMS 102-267-518.48, CODE
101, BY AUTHORIZING THE HIRING OF UP TO 48 TEMPORARY POSITIONS FOR THE SUMMER
RECREATION PROGRAM AT A MAXIMUM COST OF $64,800 OR THE AMOUNT OF REQUIRED FEES
RECEIVED, WHICHEVER IS LESS; 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."
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21. ORDINANCE NO. 18856
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF EXXON CORPORATION BY GRANTING
A SPECIAL COUNCIL PERMIT FOR A SERVICE STATION WITH NEW STANDARD SCREENING FENCE
ALONG THE PROPERTY LINE AND 60 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF TOPEKA
STREET, SUCH AREA TO HAVE GRASS, PLANTS AND AN UNDERGROUND IRRIGATION SYSTEM
INSTALLED AND MAINTAINED AS A GREEN BUFFER AREA ON A PORTION OUT OF LOTS 4 AND
5, AND ALL OF LOTS 1-3, BLOCK 817, PORT ARANSAS CLIFFS; 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."
22. FIRST READING
CONSENTING TO THE ASSIGNMENT OF THE WITT'S BAIT & TACKLE BAITSTAND LEASE FROM
ADOLPH WITTNER TO MR. AND MRS. BILLY WAYNE BARTON.
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."
23. FIRST READING
AMENDING CHAPTER 6, ANIMAL CONTROL, SECTION 6-36, EXCEPTIONS TO DISTANCE AND
NUMBER REQUIREMENT REGULATIONS, TO ALLOW THE KEEPING OF HOMING PIGEONS IN A
NUMBER NOT EXCEEDING 60; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The ordinance was read for the first time and passed to its second reading by
the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet,
Slavik, and Strong voting "aye."
24. THIRD READING - ORDINANCE NO. 18857
CLOSING AND ABANDONING A PORTION OF CACTUS ROAD; PROVIDING FOR REPLATTING.
The ordinance was read for the third time and passed by the following vote:
Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye."
25. THIRD READING - ORDINANCE NO. 18858
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 PARK„ 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.
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Regular Council Meeting
May 28, 1985
Page 10
The ordinance was read for the third time and passed by the following vote:
Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye."
26. THIRD READING - ORDINANCE NO. 18859
ANNEXING A 60.34 ACRE TRACT OF LAND OUT OF LOTS 3 AND 4, SECTION 1, NUECES RIVER
IRRIGATION PARK; AND DECLARING AN EMERGENCY.
The ordinance was read for the third time and passed by the following vote:
Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye."
* * * * * * * * * * * * * *
City Manager Martin noted that item 27, accepting the donation of the
Littles-Martin House to be located in Heritage Park, was actually a first
reading ordinance although it was listed as a motion.
Mr. Martin elaborated that the Council authorized the funding for this
project during the meeting of the Housing Improvement Corporation, which mas
held earlier this morning. He noted that this will give a very broad range of
representation to Heritage Park.
Mayor Jones called for comments on Ordinance 27, and Mrs. Helen Gurley,
President of NAACP, thanked the Council on behalf of the Board of Directors of
the NAACP, and stated that this action will preserve history for the blacks in
the community.
City Secretary Chapa polled the Council for their vote, and the ordinance
passed as follows:
27. FIRST READING
ACCEPTING THE DONATION OF THE LITTLES-MARTIN HOUSE; AUTHORIZING THE EXECUTION OF
A LEASE AGREEMENT OF THE LITTLES-MARTIN HOUSE TO THE NATIONAL ASSOCIATION FOR
THE ADVANCEMENT OF COLORED PEOPLE; AND DECLARING AN EMERGENCY.
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."
* * * * * * * * * * * * *
Mayor Jones called for consideration of the following motion:
28. Plans and specifications for the Saratoga/Weber Public Safety Building be
approved and bids be received on June 25, 1985. This project provides for
the construction of a 4,200 square foot public safety facility on Weber
Road approximately one half mile south of Saratoga Boulevard, as authorized
in the 1982 Bond Program.
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There were no comments from the audience on item 28; a motion was made by
Council Member Berlanga; seconded by Council Member McComb; and passed
unanimously that item 28 be approved.
* * * * * * * * * * * * * *
Mayor Jones called for consideration of Ordinance 29, awarding a contract
to Curries, Inc., in the amount of $245,587.17 for the replacement of 685 palm
trees.
City Manager Martin noted that the amount of the contract will be
$224,683.23; there is a need for 1,100 palms, but the recommendation is for 685
palms on Ocean Drive/Shoreline Boulevard and the Bayfront area.
In response to Mrs. Slavik's questions, Mr. Martin explained that only one
bid was received for this item; eight bids were received at the time of bidding
one year ago, but due to the water situation, the bids were rejected and
readvertised one year later, and this time only one bid was received.
Mayor Pro Tem Best inquired if a different
considered, and Mr. Mike Gordon, Park Superintendent,
planted in Cole Park and the Convention Center area,
given as to what will grow in certain types of soil.
Mayor Jones
type of tree was ever
stated that oak trees are
but consideration must be
stated that palm trees are part of the City's image.
There were no comments from the audience on this item, and City Secretary
Chapa polled the Council for their vote; and the ordinance passed as follows:
29. ORDINANCE NO. 18860
AUTHORIZING
OF 685 PALM
The Charter
Jones, Best
voting "aye.
THE EXECUTION OF A CONTRACT WITH CURRIES, INC.,
TREES; APPROPRIATING $9,183.23; AND DECLARING AN
rule was suspended and the ordinance passed by
Berlanga, Guerrero, McComb, Mendez, Pruet,
* * * * * * * * * * * * *
FOR THE REPLACEMENT
EMERGENCY.
the following vote:
Slavik, and Strong
City Manager Martin suggested that the hearing on the street closing be
considered before the assessment hearing, and Mayor Jones called for
consideration of the following item:
31. STREET CLOSING: - A 10 -foot wide alley in Block 36, Del Mar Subdivision and
a portion of public right-of-way at the South Staples/Clifford Street
intersection. The First State Bank of Corpus Christi has requested the
closures and has further requested the interim use of portions of public
right-of-way of South Staples Street and Clifford Street.
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City Manager Martin pointed out the alley in question on a drawing and
asked that the alley he withdrawn from consideration because there are
objections from the abutting property owners.
Mayor Jones indicated to the members of the audience that the alley would
not be considered a part of this request, and would remain as it exists now.
Assistant City Manager Lontos displayed a transparency of the area and
stated that the request was made by First State Bank. He stated that the Bank
has requested closure of all of the existing public right-of-way, but the staff
feels that preservation of the right-of-way should remain; therefore, the staff
suggests a revocable easement be granted to the bank along S. Staples Street.
He elaborated that this should be retained so that major turning improvements
can be constructed in the future, and at the same time this would meet the
bank's needs. He stated that the staff offers no objection to the revocable
easement being granted for a 10' strip to be utilized for onsite parking
purposes, providing that curb, gutter, and sidewalk are installed along the
South Staples Street frontage of the bank property. He informed the Council
that there is no set charge for revocable easements other than pipeline
easements, and it is recommended by the Property and Land Acquisition Department
that one-half of the real property value be charged; i.e., .50c per square foot
or approximately $2,800.
Mr. Bill Locke, Kleberg, Dyer, Redford & Weil, representing the applicant,
introduced Mr. Jim McNeil of First State Bank and Harry Bennet of Goldston
Corporation.
Mr. Locke
that they would
easement on the
staff's urging;
for future use;
submitted an outline for the Council's consideration and stated
like to close the unused portion of Clifford Street; a revocable
10' wide strip of South Staples Street is being requested at the
the area being closed has never been used; there are no plans
and the proposed traffic plan is unnecessary.
Mr. Locke pointed out that the ordinance provides for an exemption of
payment if there is no public use, and he could not see the rationale behind
charging for land that was originally donated to the City. He also expressed
the opinion that $6.00 per square foot was unreasonable.
Assistant City Manager Lontos again explained the staffs recommendation to
close the 0.058 acre portion of public street right-of-way at the South
Staples/Clifford Street intersection, subject to the applicant paying the fair
market value for such closed right-of-way and replatting; and granting a re-
vocable easement for a 0.133 acre tract of land along South Staples Street and
at the Clifford Street intersection, subject to the applicant paying a revocable
easement fee and constructing a sidewalk along a portion of South Staples
Street. Mr. Lontos reiterated that the Staff feels .50C per square foot is a
reasonable fee for the revocable easement.
Mr. McNeil, First State Bank, stated that they planned to install a 24-hour
teller machine on the property closest to Clifford Street and to develop a
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Regular Council Meeting
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Page 13
parking area. Be informed the Council that the teller machine could be
installed immediately, but the parking lot would be constructed in approximately
one year. He stated that the Bank does object to the .50C per square foot
revocable easement fee, the installation of sidewalks, and the $6.00 per foot
charge for the right--of-way.
Mayor Jones stated that he felt the staff's recommendation should be
approved because a revocable easement allows the City to retain ownership, but
gives the Bank the use of the land.
There were no further comments from the audience.
A motion was made by Mayor Pro Tem Best that the hearing be closed,
seconded by Council Member Pruet, and passed unanimously.
A motion was made by Mayor Pro Tem Best that the Council approve the
staff's recommendation to closing and abandon a 0.058 acre portion of public
street right--of-way at the South Staples/Clifford Street intersection, subject
to the applicant paying the fair market value of $6.00 per square foot for such
closed right-of-way and replatting; and granting a revocable easement for a
0.133 acre tract of land along South Staples Street and at the Clifford Street
intersection, subject to the applicant paying a revocable easement fee of .50Q
per square foot and constructing a sidewalk along a portion of South Staples
Street. The motion was seconded by Council Member Berlanga.
Mr. McNeil stated that they would like to have a one-year time frame on the
construction of the sidewalks.
Further discussion followed on the fee for the closed right-of-way and Dr.
Best made an amendment to his original motion to provide for negotiations
between the bank and the staff regarding the $6.00 per square foot charge;
Council Member Berlanga agreed with the amendment; and the motion, as amended,
passed unanimously by those present and voting.
* * * * * * * * * * * * *
Mayor Jones announced the public hearing on the following item:
30. ASSESSMENT HEARING - Purdue Road
Improving Purdue Road, from Flour
Road, from Waldron Road, easterly
for assessments of $153,358.81 for
Street Improvements, Phase II Project.
Bluff Drive to Waldron Road, and Purdue
840 linear feet. This project provides
the 84 items on the roll.
Mr. Jay Doegey, Assistant City Attorney presided over the formal portion of
the public hearing and called as his first witness Mr. Gerald Smith, P.E., City
Engineer.
Through questioning of the witness, Mr. Doegey ascertained that Mr. Smith
is a Registered Engineer; has been employed by the City of Corpus Christi for 25
years; he is a graduate of the University of Texas at Austin with a degree in
Civil Engineering; and he is familiar with the project.
Minutes
Regular Council. ME: I
May 28, 1985
Page i/•.
Mr, Smith ee,pi ined that tESs a 1982 head project with the purpose of
reconstructing Purdue Road to incleA.de 40' street width with storm sewers, 4' or
5' wide reinfnrced concrete sidewalks, and concrete driveways. He testified
that bids were received ed on May 22, 1985; five bids were received; and the low
bidder was Claude Chapman Construction in the amount of $948,816.50. He
informed the Council that storm sewer would be installed from Flour Bluff Drive
to the Cayc del Oso, which should alleviate some of the drainage problems
experienced in the area of Flour Bluff Drive and the Glen Oaks Subdivision.
Council Member McComb inquired if adjustments had been made to the minimum
street standards because of the soil condition, and Mr. Smith stated that the
standards would be the same but noted that stabilization of the sand would be
done with Portland Cement, which is immune to the wet conditions found in that
vicinity.
Mr. Smith continued that construction would begin at the Flour Bluff
Independent School property in order that it would be completed when the school
year begins. Mr. Smith informed the Council that most of the properties are
residential with assessment rates of $9.75/1.f. for curb gutter and pavement;
$1..00/s.f. for sidewalks; and $3.73/s.f. for driveways, which are assessed at
1.001 of cost. He then explained that the preliminary assessments total
$145,660,03; the assessments can be paid in cash or over a five year period, or
in. cases of hardship, extensions can be granted for ten years; and all of the
property owners have been notified of their assessments.
In response to Mrs. Slavik's questions, Mr. Smith explained that there was
a previous project between Debra Lane and Laguna Shores Road, which has been
completed, and the subject project will complete the construction of Purdue
Road to Laguna Shores Road.
Council Member Strong urged that the residents of Flour Bluff inform the
City of their needs for inclusion in the 1986 bond projects.
Mr. Doegey called as his next witness Mr. Bill Holly. Through questioning
of the witness, Mr. Doegey ascertained that Mr. Holly is a licensed real estate
broker and has been for 32 years; he is familiar with conimerci.aland residential
properties; he is familiar with this project; he has examined the assessment
roil; and is familiar with the amount of the assessments. Mr. Holly testified
that he has examined each parcel; he is familiar with the present conditions;
and he explained that Purdue Road currently is very narrow and has ditches along
the side of the road. He informed Mr. Doegey that he is familiar with the
improvements; they will benefit the abutting properties; there will be better
drainage and the houses will not be subject to flooding; and he feels that the
property will be enhanced in at least the amount of the assessments. He stated
that he arrived at the property values by comparing the market values of other
property in the area and that there are no odd—shaped lots involved in the
project.
Mr. Smith pointed out the undeveloped subdivisions on a transparency and
stated that a lift station had been constructed and the capability exists to
provide sewer service. He explained that a majority of the property is in 20
acre tracts and the staff needs to anticipate use of this property and develop
.inutes
Regular Council Meeting
May 28, 1985
Page 15
and provide sewer taps at critical locations so it will not be necessary to cut
the street after the improvements are made.
Mayor Jones called for comments from the audience.
Mr. Larry Bryn, 223 Jupiter and owner of Lots 1 and 2, Block 1, Flour Bluff
Heights, pointed out his property on the transparency and inquired about sewer
service.
Mr. Smith pointed out the possible route the sewer line would take to Mr.
Bryn's property.
There were rio further comments from the audience.
A motion was made by Mayor Pro Tem Best that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
* * * * * * * * * * * * *
Mayor Jones announced the hearing on five zoning applications.
32. Application No. 485-6, Mr. Antonio Carreno: for a change of zoning from
"A-2" Apartment House District with a "SP" Special Permit to "AB"
Professional Office District on Lots 1 and 2, Block 6, Bayview Unit 1,
located on the southwest corner of Ocean Drive and Craig Street.
Assistant City Manager Tom Utter stated that in response to the 16 notices
mailed, 1 was returned in favor and 4 in opposition. He stated that the
Planning Commission and Staff recommend denial of "AB" and in lieu thereof,
grant a revised special permit for a doctor's office with a second floor
single-family unit.
Mr. Larry Wenger, Director of Planning, displayed the area on the zoning
and land use map, described the land use in the surrounding area, and showed
slides of the vicinity.
Mr. Utter pointed out that the letters received in opposition were opposed
to "AB", not the special permit, and that this would not cause any additional
traffic nor parking areas.
There were no comments from the audience.
A motion was made by Council Member Pruet that the hearing be closed;
seconded by Council Member Strong; and passed unanimously.
City Secretary Chapa polled the Council for their vote on the ordinance and
it passed as follows:
ORDINANCE NO. 18861
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ANTONIO CARRENO BY GRANTING A
REVISED SPECIAL COUNCIL PERMIT FOR A DOCTOR'S OFFICE WITH A SECOND FLOOR
SINGLE-FAMILY UNIT ON LOTS 1 AND 2, BLOCK 6, BAYVIEW UNIT 1; AND DECLARING AN
EMERGENCY.
Minutes
Regular Council Meeting
May 28, 1985
Page 16
The Charter Rule was su-spe;vc:Ll and the c.'dinance passed by the following vote:
Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong,
voting "aye."
* * * * * * * * * *
33. Application No. 385--7, Messrs, R. C. Allen and Tim Clower: for a change of
zoning from "A-1" Apartment House District to "B-1" Neighborhood Business
District on a tract of land being 2.127± acres out of Lot 1, Section 5,
Bohemian Colony Lands, located along the south side of Trojan Drive,
between Columbia Parkway and Greenwood Drive.
Mr. Utter stated that in response to the 39 notices mailed, 2 were returned
in favor and 2 in opposition; the recommendation of the Planning Commission and
the Planning Staff is to deny, "B--1" and in lieu thereof grant a special permit
for a parking lot.
Mr, Larry Wenger, Director of Planning, displayed the area on the zoning
and land use map, described the land use in the surrounding area, and showed
slides of the vicinity.
There were no comments from the audience; a motion was made by Council
Member Guerrero that the hearing be closed; seconded by Mayor Pro Tem Best; and
passed unanimously.
City Secretary Chapa polled the Council for their vote on the ordinance and
it passed as follows:
ORDINANCE NO, 13862
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF R.C. ALLEN AND TIM CLOWER BY
GRANTING A SPECIAL COUNCIL PERMIT FOR A PARKING LOT ON A PORTION OUT OF LOT 1,
SECTION 5, BOHEMIAN COLONY LANDS; 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."
* * * * * * * * * * * * *
34,. Application No. 385-9, Montessori School of Corpus Christi: for a change
of zoning from "R-2" Multiple Dwelling District to "AB" Professional Office
District on Lots 16, 17, 18, 19, and 20, Block 15, Bay View Addition,
located along the east side of llth Street, at the southeast corner of
Craig and llth Streets.
Mr. Utter stated that 31 notices were mailed; 5 were returned in favor; 3
were returned in opposition; and the Planning Commission and the Planning Staff
recommend denial, and in lieu thereof grant a special permit for a Montessori
School.
nut es
-.egular Council Meeting
May 28, 1985
Page 17
Mayor Jones called for comments from the audience and there were none.
Discussion followed regarding traffic congestion in the area, and it was
determined that this was a problem of the Church, not the school.
A motion was made by Council Member Mendez that the hearing be closed;
seconded by Council Member Pruet; and passed unanimously.
City Secretary Chapa polled the Council for their vote on the ordinance and
it passed as follows:
ORDINANCE NO. 18863
AMENDING THE ZONING ORDINANCE UPON APPLICATION ON MONTESSORI SCHOOL OF CORPUS
CHRISTI BY GRANTING A SPECIAL COUNCIL PERMIT FOR A MONTESSORI SCHOOL ON LOTS 16,
17, 18, 19, AND 20, BLOCK 15, BAY VIEW ADDITION 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."
* * * * * * * * * * * * *
Mayor Jones stated that Application No. 485-10 and 485-11 would be heard
concurrently.
35. Application No. 485-10, Mr. H. E. Savoy dba Savoy Homes: for a change of
zoning from "RA" Residential Acreage District to "R -1B" One -family Dwelling
District on Lot 9 and the west half of Lot 10, Block 4, Flour Bluff
Heights, located on the south side of Skipper Lane, approximately 400' east
of Carletta Street.
Mr. Utter stated that 23 notices were mailed; 3 were returned in favor; 4
were returned in opposition; 1 was returned in opposition from outside the area
of notification; the Planning Commission recommends denial; and the Planning
Staff recommends denial, but in lieu thereof, grant a special permit for a
single-family unit. He noted that the 20% rule is in effect.
36. Application No. 485-11, Mr. H. E. Savoy dba Savoy Homes: for a change of
zoning from "RA" Residential Acreage District to "R -le One -family Dwelling
District on Lot 29, Block 4, Flour Bluff Heights, located on the north side
of Valerie Street, approximately 250' east of Carletta Street.
Mr. Utter stated that 22
were returned in opposition; 1
of notification; the Planning
Staff recommends denial, but
single-family unit.
notices were mailed; 2 were returned in favor; 4
was returned in opposition from outside the area
Commission recommends denial; and the Planning
in lieu thereof, grant a special permit for a
Minutes
Regular Council Meeting
May 28, 1985
Page 18
Mr. Wenger displayed the areas on the zoning and land use map, described
the land use in the surrounding area, and showed slides of the vicinity.
Mr. Wenger provided background information regarding these two cases,
noting that this had been heard by the Council on February 12, 1985; the
applicant was not present at the hearing; the Council denied the zoning change;
and Mr. Savoy has reapplied for these two zoning changes.
Mr. Wenger continued by stating that five building permits were issued in
error; two permits were revoked because homes had not been built; one home was
brought into compliance by replatting; but, one home exists on Valerie Street
and one on Skipper Lane.
Mayor Pro Tem Best inquired of the recourse Mr. Savoy would have if the
Council denied the request, and Mr. Wenger stated that he could remove the house
or file a lawsuit.
Council. Member Mendez stated that since the City issued the permits, the
City would be liable.
Council Member Pruet asked if the building permit addresses the responsi-
bility of the applicant to know the zoning, and Mr. Wenger read from the
building permit which states, "The foregoing is a true and correct description
of the improvement contemplated and hereby agrees to comply with
all ordinances of the City."
Mayor Jones called on the applicant to speak.
Mr. Virgil Howard, 801 Lipan, stated that the recommendation of special
permit was a solution of the City Legal Staff, Planning Staff, and Building
Division Staff; the applications for rezoning were made by an agreement with
these departments; he feels that the property on Valerie Street falls under the
Grandfather Clause of the Flour Bluff Comprehensive Rezoning Plan; and that this
point will be brought out in the lawsuit if the special permit is not granted.
Mr. Howard summarized his presentation by stating that the City issued the
permits in error; the rezoning is in the interest of the public and Mr. Savoy;
he urged the Council to grant the special permits in accordance with the staff's
recommendation; and he pointed out that at the Planning Commission meeting only
five members were present, resulting in a vote of 3-2 for denial.
Discussion followed between Council Member Berlanga and Mr. Howard
regarding inspections of the two homes.
Mr. Eddie Savoy, the applicant, addressed the Council regarding the Flour
Bluff Comprehensive Rezoning Plan and the events surrounding the issuance of the
permits.
inutes
.egular Counei1 Meeting
May 28, 1985
Page 19
Further discussion followed on whether Mr. Savoy knew the zoning had
changed at the time of permit issuance and the manner in which inspections were
made on the homes.
Mr. Ron McGee, 3022 Jamaica, spoke in opposition addressing the issue of
the applicant's responsibility to check zoning of his property. He inferred
that Mr. Savoy was aware of the correct zoning at the time he applied for
building permits. He summarized his remarks that a special permit would set a
precedent in the area.
Ms. Donna Mangle, Behman Street, spoke in opposition and stated that Mr.
Savoy knew of the correct zoning.
Mr. McGee spoke again regarding a certificate of occupancy for the home on
Skipper Lane.
Ms. Marie Spear, Editor of the Flour Bluff Sun, stated that she is in favor
of granting the special permits because it would cause unnecessary hardship for
Mr. Savoy if these cases are denied.
In response to Council Member Slavik's question, Mr. Wenger stated that if
Mr. Savoy could purchase the adjacent lot on Valerie Street, it would then be in
compliance, but the lots adjacent to the home on Skipper have a duplex
constructed, and therefore are not available.
There were no further comments from the audience; a motion was made by
Council. Member Guerrero that the hearing be closed; seconded by Council Member
Pruet; and passed unanimously.
Council Member Best indicated his concurrence with the Staff's
recommendation because of the circumstances of the two cases.
Council Member Slavik stated that she would vote against a special permit
on Valerie Street, because property is available to purchase, but she would vote
in favor a special permit on Skipper Lane.
Council Member McComb suggested that special permit be granted for the
property on Skipper, but Mr. Savoy should be given time to negotiate a purchase
for the available property on Valerie.
Council Member Berlanga pointed out that his motion was for denial on both
pieces of property.
Council Member Slavik stated that she wanted an individual vote on each
application.
Mr. Utter pointed out that the ordinances are not before the Council today;
if they are brought forth by motion, which requires five affirmative votes,
Application 485-10 will require 7 affirmative votes for passage; and Application
485-11 will require 6 affirmative votes for passage.
Minutes
Regular Council Meeting
May 28, 1985
Page 20
A motion was made by Mayor Pro Tem Best that a special permit be'-Onted1Vv
for a single-family dwelling for Application No. 485-10, seconded by Cou
Member Strong, and passed by the following vote: Jones, Best, McComb, Pruet,
Slavik, and Strong voting "aye"; Berlanga, Guerrero, and Mendez voting "no."
A motion was made by Mayor Pro Tem Best that a special permit be granted
for a single-family dwelling for Application No. 485-11, seconded by Council
Member Pruet.
The motion failed by the following vote: Best, McComb, Pruet, and Strong
voting "aye"; Berlanga, Guerrero, Jones, Mendez, and Slavik voting "no."
Council Member McComb made a motion that Application No. 485-11 be tabled
for six months, and Council Member Mendez amended Mr. McComb's motion that
action be tabled for six months so Mr. Savoy can try to purchase the adjacent
property and if this cannot be resolved, the application would be denied. Mr.
McComb indicated his concurrence with this motion, and his motion, as amended,
was seconded by Council Member Mendez.
The motion to table passed as follows: Jones, Best, Mendez, McComb, and
Strong voting "aye"; Berlanga, Guerrero, Pruet, and Slavik voting "no".
Mayor Jones called for a recess at 5:19 p.m. in order to convene the
meeting of the Corpus Christi Housing Finance Corporation.
* * * * * * * * * * * * *
Mayor Jones reconvened the meeting at 7:50 p.m.
He then called for petitions from the audience.
Mr. Guy Watts, a member of the Park Board, stated that the Park Board had
approved a motion to charge a $10 fee for the Summer Recreation Program, but
that the fee be waived for those who cannot afford to pay and the City pay that
fee. He urged the Council to approve this recommendation.
Mayor Jones stated that the Council had approved by motion the Park Board's
recommendation.
City Manager Martin clarified the motion that had been approved previously
by the Council. He stated that those children who cannot afford the fee will
not be required to pay, but the City will not pay the fee from the General Fund
or any other source.
Mrs. Pat Duaine submitted a poem she had written, and noted that she plans
to have the words set to music.
There being no further business to come before the Council, on motion by
Council Member Strong; seconded by Mayor Pro Tem Best and passed unanimously;
the meeting was adjourned at 7:59 p.m., May 28, 1985.
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