HomeMy WebLinkAboutMinutes City Council - 06/11/1985MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
JUNE 11, 1985
2:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Dr. Jack Best
Council Members:
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
City Manager Edward A. Martin
City Attorney J. Bruce Aycock
City Secretary Armando Chapa
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Reverend Terry Boston of Second Baptist Church,
following which the Pledge of Allegiance to the Flag of the United States was
led by Manuel Vasquez of Boy Scout Troop 318.
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 Mayor Pro Tem Jack Best that the Minutes of the
Regular Council Meeting of June 4, 1985 be approved as presented; seconded by
Council Member Bill Pruet; and passed unanimously.
Mayor Jones then administered the oath to Dr. Miriam Wagenschein, a new
appointee to the Transportation Advisory Board.
MICROFILMED
Minutes
Regular Council Meeting
June 11, 1985
Page 2
Mayor Jones announced the bid opening on the following engineering project:
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.
Prior to the bid opening, Assistant City Manager James K. Lontos explained
the project and the flexibility of the bids in that a base bid and an alternate
could be bid as well as optional types of material.
Mr. Lontos then opened bids on this project from the following companies:
Baytown Construction Company, Channel Construction Company, JALCO, Inc., W. T.
Young Construction Company, and John G. Holland, Slipliners.
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 Board and Committee Appointments and briefly
discussed the appointments considered during the morning Workshop Meeting.
A motion was made by Council Member David Berlanga that the following
appointments be confirmed, seconded by Council Member Mary Pat Slavik and passed
unanimously.
a. Animal Control Advisory Board: Term:
Dr. Wallace Graham (veterinarian) 5-31-88
b. Building Code Board of Appeals:
B. E. (Bert) Beecroft (building industry) 5-31-89
Discussion followed in regard to whether the budget reports should be heard
at this time or continue with the agenda.
A motion was made by Council Member Leo Guerrero that the budget report be
presented during the afternoon regular meeting, seconded by Council Member Joe
McComb and passed unanimously.
* * * * * * * * *
Minutes
Regular Council Meeting
June 11, 1985
Page 3
Mayor Jones called for consideration of the Consent Motions on the
following items:
1. Approval of specifications and authorization to receive bids July 3, 1985,
for 900 gallons of fire fighting foam for the Fire Department. Estimated
expenditure is $13,000.
2. Approval of specifications and authorization to receive bids July 3, 1985,
for a truck mounted backhoe for the Water Division. Equipment is included
in the 1984-85 Capital Outlay Budget with an estimated expenditure of
$63,400.
3. Approval of specifications and authorization to receive bids July 3, 1985,
for one trenching machine for the Gas Division. Equipment is included in
the 1984-85 Capital Outlay Budget with an estimated expenditure of $34,150.
4. Approval of specifications and authorization to receive bids July 3, 1985,
for one rubber tire wheel loader for the Water Division. Equipment is
included in the 1984-85 Capital Outlay Budget with an estimated expenditure
of $50,400.
5. Approval of specifications and authorization to receive bids July 3, 1985,
for one 17 horsepower track excavator for the Wastewater Division.
Equipment is included in the 1984-85 Capital Outlay Budget with an
estimated expenditure of $12,500.
6. Approval of specifications and authorization to receive bids July 17, 1985,
for 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 general
use automotive filters. Estimated annual expenditure is $25,000.
7. 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 3/4",
1", and 2" cold water meters for the Water Division based on low bid to
Rockwell International for $33,350. Prices have increased approximately 3%
since last contract, July, 1983. Eight bid invitations were issued and
four bids received.
8. Approving purchase of one utility tractor for the Water Division based on
best bid to Ag -Line International for $15,378 and three utility tractors
for Park, Oso Bay & Gabe Lozano Golf Centers based on low bid from Gulf
Tractor Company in the amount of $37,192.22 for a grand total of
$52,570.22. Prices have increased 2.6% since last similar purchase March
1984. Seven bid invitations were issued and seven bids received.
Minutes
Regular Council Meeting
June 11, 1985
Page 4
9. The Gabe Lozano Sr. Golf Center Cart Path project be accepted and final
payment of $1,525 be authorized to M & M Construction Company. This
project provided for the construction of 6,500 linear feet of golf cart
paths and the asphalt overlay of an additional 300 feet of existing paths.
10. The Miscellaneous Roof Repair project be accepted and payment in the amount
of $32,555, representing the total cost of this 1984-85 budgeted project,
be authorized to L & M Metal Fabricators, Inc. This project provided for
the complete tear -off and installation of built-up roofs on the following
City buildings.
a. Police Department Property Room (1517 Winnebago)
b. Fire Station No. 10 (1550 Horne Road)
c. A portion of the Control Fire Station (209 S. Carancahua)
Mayor Jones referred to Item 9 and inquired about the completion of the
contract by another company and if the bonding company of the original
contractor would pay the difference in the cost.
City Manager Martin explained that the bonding company would have to pay if
the City can show damages caused by the delay, but in this case, the City cannot
prove damages; therefore, the bonding company will not have to pay.
11. Plans and specifications be approved and bids be received on July 9, 1985,
for Phase II of the South Staples Sanitary Sewer Trunkline Extension. This
1982 bond project provides for the installation of a 21" diameter trunk
sanitary sewer in South Staples Street from Timbergate Drive to the north
boundary line of Buckingham Estates Subdivision.
12. Authorizing the City Manager to enter into a contract with the Fourth of
July Parade Committee Inc. for the purpose of holding a parade and related
activities along Shoreline Drive, medians, sidewalks and Sherrill Park.
Management, Inc. for the above amount.
Council Member Slavik referred to Item 11 and asked about the amount of
additional sewage that will be generated at the Oso Plant as a result of this
installation.
Assistant City Manager Lontos stated that he could not estimate that but
the new line will probably carry about 2 million gallons a day eventually but it
will not carry that much at this time because it is basically to serve
Buckingham Estates.
Mayor Jones called for comments from the audience on Items 1 through 12.
There was no response.
Minutes
Regular Council Meeting
June 11, 1985
Page 5
A motion was made by Council Member Mendez that the Consent Motions 1
through 12 be approved, seconded by Council Member Linda Strong and passed
unanimously.
* * * * * * * * * *
Mayor Jones called for consideration of the Consent Ordinances and
Ordinances from Previous Meetings on Items 13 through 22.
Mayor Jones referred to the Paving Assessment Hearing scheduled for 2:00
p.m. on July 2nd for Timbergate Drive Improvement Project and inquired if this
is the first time that the City has taken action to pave both sides of a street
and if the other property owners involved will be assessed.
Mr. Lontos stated that this has been done before, and Mayor Jones and
Council Member Mendez expressed the opinion that this is the way a required half
street should be handled so that it will not be deteriorated when the other half
is constructed.
Council Member Slavik referred to Ordinance No. 16 which addresses the
request of the Chapman Ranch owners for the City to include the ranch in the
City of Corpus Christi planning studies and inquired if there would be any cost
to the City.
City Manager Martin stated that there would not be any cost to the City and
this will provide an opportunity for the City to obtain data to enable the Staff
to plan water and sewer lines up until the 21st Century. He stated that it is
an excellent opportunity for the City.
Council Member Berlanga inquired if this type of metro planning would
discourage Chapman Ranch from incorporating as a City, and City Manager Martin
stated that he felt that it would. He elaborated by stating that this is
something that Assistant City Manager Lontos has been working on for about five
months and was a result of a great effort on Mr. Lontos' part.
Council Member Guerrero referred to Ordinance No. 17 which is the first
reading of an amendment to the Animal Control Ordinance pertaining to horse
stable permits and other matters. He stated that this was initiated because of
the request from individuals to operate horse drawn carriages on the bayfront.
He continued by informing the Council that he understood that a poll had been
taken which indicates that people are 4 to 1 in favor of the operation of horse
drawn carriages on the Bayfront.
Council Member Berlanga called attention to Ordinance No. 20 which is the
second reading amending the speed limits on a number of streets. He referred to
item f. of this ordinance on Everhart Road increasing the speed limit from 30
m.p.h. to 35 m.p.h. from Saratoga Boulevard to a point 100 feet north of Megal
Drive. He stated that he disagreed with this, particularly on the portion from
Minutes
Regular Council Meeting
June 11, 1985
Page 6
Saratoga to Shadow Bend because of the heavy traffic in that area generated by
the numerous apartment and business developments. He also noted that a school
is located in that area and expressed the opinion that the speed limit should be
decreased rather than increased. He stated that, in his opinion, the speed
limit could be increased on the portion beyond Shadow Bend.
City Manager Martin explained that one of
increasing the speed limit has to do with surveys
driving in the area in a safe manner and the Staff
m.p.h. is not very fast for a major street.
the issues considered in
as to the speed people are
was of the opinion that 35
Mr. Tom Stewart, Director of Transportation, agreed that the travel speed
is about 35 m.p.h. on this portion and there have been no accidents. He stated
that some of this could change when Saratoga is widened.
A motion was made by Council Member Berlanga that the speed limit on
Everhart Road not be increased from Saratoga to Shadow Bend.
Council Member Guerrero expressed the opinion that it should be sent back
to the Transportation Advisory Board for further consideration.
A motion was made by Mayor Pro Tem Best that item f. be removed from
Ordinance No. 20.
The motion was seconded by Council Member Guerrero.
Council Member McComb pointed out
Transportation Advisory Board has
recommendations and he saw no reason to
The motion to delete item f. from
vote: Jones, Best, Berlanga, Guerrero,
Mendez and Pruet voting, "No".
to the
already
send it
other Council Members that the
conducted studies and made
back for further study.
Ordinance No. 20 passed by the following
Slavik and Strong voting, "Aye"; McComb,
Mayor Jones called for comments from the audience on the Consent Ordinances
and there was no response.
City Secretary Chapa polled the Council for their vote on the ordinances
and the following were passed:
13. ORDINANCE NO. 18872:
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF:
Timbergate Drive:
Timbergate Drive, from Crossgate Subdivision
AND DECLARING AN EMERGENCY.
to South Staples Street;
Minutes
Regular Council Meeting
June 11, 1985
Page 7
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. 18873:
APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR
THE IMPROVEMENT OF THE FOLLOWING STREET:
Timbergate Drive:
Timbergate Drive, from Crossgate Subdivision to South Staples Street;
DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING
PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING
ON THE PRELIMINARY ROLL DURING THE REGULAR COUNCIL MEETING WHICH CONVENES
AT 2:00 P.M. ON JULY 2, 1985, IN THE. COUNCIL CHAMBERS, CITY HALL, 302 SOUTH
SHORELINE BOULEVARD; 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. ORDINANCE NO. 18874:
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SECOND BAPTIST CHURCH FOR
THE CITY'S SHARE OF CONSTRUCTION AND TESTING COSTS FOR STREET IMPROVEMENTS
ON TIMBERGATE DRIVE IN CONJUNCTION WITH THE DEVELOPMENT OF CROSS ANNEX;
APPROPRIATING $21,500; 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".
16. ORDINANCE NO. 18875:
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SHELL LAND MANAGEMENT, INC.
RELATED TO THE PLANNING STUDIES FOR AERIAL PHOTOGRAPHY, WASTEWATER AND
WATER FOR THE CHAPMAN RANCH AND INCLUDING AN AREA BETWEEN CHAPMAN RANCH AND
THE PRESENT LIMITS OF THE WASTEWATER STUDY; AUTHORIZING THE EXECUTION OF
CONTRACTS WITH BROWN & CALDWELL-FREESE & NICHOLS FOR WASTEWATER AND WATER
PLANNING SERVICES FOR CHAPMAN RANCH AND THE PRESENT BOUNDARY OF THE
WASTEWATER AND WATER MASTER PLAN STUDIES FOR A TOTAL COST OF $10,000 TO BE
REIMBURSED TO THE CITY BY SHELL LAND MANAGEMENT, INC. UPON COMPLETION OF
THE PROJECTS; ACCEPTING AN IRREVOCABLE LETTER OF CREDIT IN THE AMOUNT OF
$10,000 FROM SHELL LAND MANAGEMENT, INC. FOR THE PURPOSE OF REIMBURSING THE
CITY FOR THE WASTEWATER AND WATER STUDIES; APPROPRIATING $10,000; AND
DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
June 11, 1985
Page 8
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".
17. FIRST READING:
AMENDING CHAPTER 6, ANIMAL CONTROL, OF THE CITY CODE BY ESTABLISHING THE
REQUIREMENT TO OBTAIN A HORSE STABLE PERMIT AND DEFINING THE
RESPONSIBILITIES OF OWNERS AND OPERATORS OF HORSE STABLES; 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".
18. SECOND READING:
AMENDING CHAPTER 13, BUILDINGS; CONSTRUCTION; PREMISES, ETC., SECTION
13-48, FEES FOR IMPOUNDING, STORAGE, ETC.; CHAPTER 53, TRAFFIC, SECTION
53-60, same -REDEMPTION OF VEHICLES; FEES FOR IMPOUNDING AND STORAGE; AND
CHAPTER 57, VEHICLES FOR HIRE, SECTION 57-251, MAXIMUM WRECKER SERVICE AND
STORAGE FEES; 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".
19. SECOND READING:
CLOSING AND ABANDONING A 0.058 ACRE PORTION OF PUBLIC STREET RIGHT-OF-WAY
AT THE INTERSECTION OF SOUTH STAPLES STREET AND CLIFFORD STREET, BEING
ADJACENT TO LOT 12, BLOCK 36, DEL MAR SUBDIVISION, SUBJECT TO PROVISIONS
LISTED BELOW.
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".
20. SECOND READING: (As amended to delete Everhart Road)
AMENDING CHAPTER 53, TRAFFIC, SECTION 53-254, SCHEDULE V - INCREASE OF
STATE SPEED LIMIT IN CERTAIN ZONES, AND SECTION 53-255, SCHEDULE VI,
DECREASE OF STATE LAW MAXIMUM SPEED; PROVIDING FOR SEVERANCE; AND PROVIDING
FOR PUBLICATION.
The ordinance was read for the second time and passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye".
Minutes
Regular Council Meeting
June 11, 1985
Page 9
21. THIRD READING - ORDINANCE NO. 18876:
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 third time and passed by the following vote:
Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik 'and Strong
voting, "Aye".
22. THIRD READING - ORDINANCE NO. 18877:
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 third time and passed by the following vote:
Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong
voting, "Aye".
Mayor Jones called for consideration of Action by Ordinance from the
Regular Agenda on Items 23 and 23A which was added as an emergency item.
City Manager Martin explained Ordinance No. 23 which authorizes an
agreement with the State Department of Highways and Public Transportation for
expressway lights on Padre Island Drive from east of Airline Road to west of
Flour Bluff Drive. He informed the Council that the City will pay only one-half
of the cost which will amount to between $175,000 and $180,000.
In reference to Ordinance No. 23A which was posted as an emergency item,
City Manager Martin explained that the ordinance approves the sale of several
lots in Block 57 of Bluff Addition to HIALCO OIC Housing Assistance, Inc. for
the purpose of construction of a 44 -unit Section 8/202 Housing Project. He
informed the Council that the Staff had been authorized by the previous Council
to become involved in this project; the City has a permit from the federal
offices to make the land available; the Staff has been working on this for some
time; but this action needs to be taken by the Council to authorize execution of
the contract.
Council Member Mendez complimented Assistant City Manager Tom Utter for
providing assistance to HIALCO in their application. He expressed the opinion
that Mr. Utter will be very successful in having the proposal approved by the
Department of Housing and Urban Development.
Minutes
Regular Council Meeting
June 11, 1985
Page 10
Council Member Slavik asked about the location of these lots, and Mr. Utter
pointed out the lots which are bounded by Winnebago, North Alameda and Sam
Rankin Boulevard. He stated that at this time, it is used for parking for the
City's transit yard but if the project is approved, parking for that facility
will be available to the north. Mr. Utter also explained that HIALCO has an
option to utilize additional land to the south of the property.
Mayor Jones called for comments from the audience on Ordinances No. 23 and
23A. No one spoke.
City Secretary Chapa polled the Council for their votes and the following
ordinances were passed:
23. ORDINANCE NO. 18878:
AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THE STATE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE CONSTRUCTION, MAINTENANCE, AND
OPERATION OF AN EXPRESSWAY ILLUMINATION SYSTEM ON SOUTH PADRE ISLAND DRIVE
(S.H. 358) FROM EAST END OF PAUL JONES INTERCHANGE TO EAST END OF AIRLINE
ROAD INTERCHANGE; APPROPRIATING $180,000; 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".
23A. RESOLUTION NO. 18879:
REAFFIRMING THE CITY COUNCIL'S INTENTION TO SELL LOTS 5, 6, 7, AND 8, BLOCK
57, BLUFF ADDITION TO HIALCO OIC HOUSING ASSISTANCE, INC. AT A PRICE NOT TO
EXCEED $18,500, CONTINGENT ON HIALCO OIC HOUSING ASSISTANCE RECEIVING
FEDERAL ASSISTANCE FOR THE DEVELOPMENT OF HOUSING FOR THE ELDERLY AND
HANDICAPPED ON SAID SITE; 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".
* * * * * * * * * *
Mayor Jones announced the public hearing on the request for the following
alley closing:
24. A 15 -foot wide alley in Block 11, Ocean View Addition. Spohn Hospital owns
all property abutting the alley and has requested the closure to facilitate
future building plans in the block occupied by the primary hospital
facilities.
Minutes
Regular Council Meeting
June 11, 1985
Page 11
Assistant City Manager Lontos provided an explanation of this request,
stating that it emanated from Spohn Hospital and pointed out the location which
is along the east side of the existing Spohn Hospital just off Ocean Drive. He
stated that there is a gas line that can be abandoned at a cost to the applicant
of about $300; there is a sanitary sewer line and Spohn Hospital will be served
by that line. Mr. Lontos continued by stating that the Staff recommends the
closing but only with the condition that Spohn Hospital abide by the provisions
associated with the closing of Second Street. He stated that this street was
closed through Lot 1 and the Council agreed to close the street with the
provision that Spohn provide access from Morgan and Third. He stated that he
was of the opinion that Spohn Hospital should provide the City with some kind of
timetable and their plan to actually close that street before this alley closing
is approved. He explained the reason for this, noting that there should be some
semblance that this is not a public street.
Mr. Jesse Westley, Munroe and Bass Engineering, explained that he is the
engineer for Spohn Hospital and the alley is used only for access to the parking
area and Spohn's loading dock. He explained that at the time Spohn Hospital
requested the closing of Second Street, they planned to construct additions
across Elizabeth, but at this time they have no plans for the use of that
portion of the street.
Mr. Lontos again referred to the Second Street closing and stated that no
one knows that the street is not a public street; the public is using it; if it
is owned by the City, then the City is responsible for maintenance of the
street; therefore, the Staff feels that the city should have a plan or some
commitment from Spohn Hospital in regard to future use of the street that has
been closed.
Mayor Jones suggested that rather than have the alley closing contingent
upon presentation of plans that Mr. Lontos prepare a letter to Sister Kathleen
of Spohn Hospital to express these concerns and he would sign it.
Mr. Lontos stated that he would be glad to do this.
No one else spoke in regard to this alley closing.
A motion was made by Council Member McComb that the hearing be closed,
seconded by Council Member Slavik and passed unanimously.
A motion was made by Council Member Mendez that the request to close the
15 -foot wide alley in Block 11, Ocean View Addition be granted, seconded by
Council Member McComb and passed unanimously.
hr. Lontos informed the Council that the first reading of the ordinance
closing the alley will be on the agenda next week.
Minutes
Regular Council Meeting
June 11, 1985
Page 12
Mayor Jones announced the public hearing on three zoning applications.
Assistant City Manager Utter suggested to the Council that they consider
the first two applications simultaneously.
25. Application No. 585-7, Spohn Hospital: for a change of zoning from "AB"
Professional Office District to "B-4" General Business District on Lots 12
through 22, Block IX, Ocean View Addition, located on the east side of
Santa Fe Street, between Elizabeth and Ayers Street.
26. Application No. 585-8, Spohn Hospital: for a change of zoning from"AB"
Professional Office District to "B-4" General Business District on Lot 3,
Block IIA, Ocean View Addition, located between Morgan Avenue and Elizabeth
Street, approximately 150' west of Ocean Drive.
Mr. Utter informed the Council that in response to the eighteen notices of
the public hearing that were mailed on Application No. 585-7, four in favor and
none in opposition were returned. He stated that both the Planning Commission
and Planning Staff recommend approval.
Mr. Utter stated that in response to the nineteen notices sent in regard to
Application No. 585-8, three in favor and one in opposition were returned.
Mr. Larry Wenger, Director of Planning, located the two areas on the zoning
and land use map, stating that they are occupied with parking lots and noted
that there are other businesses located in that vicinity. He explained that the
special permit indicated on the zoning map represent the various signs that are
in place around Spohn Hospital. He then displayed slides of the vicinity and
showed slides of the parking lot across Elizabeth Street.
Mayor Jones
parking lot, and
designating the
special permits,
take care of the
inquired if "B-4" zoning is
Mr. Wenger replied that it is
location of various parking
it was the Staff's suggestion
parking and the signs.
required for a medical facility
not but because there are signs
lots, which are allowed under
that the land be zoned "B-4" to
Mayor Pro Tem Best suggested that a special permit be approved rather than
"B-4" zoning so that the Council could retain some control over the use of these
lots.
Mr. Wenger stated that the Staff is going to suggest that all hospitals
apply for "B-4" zoning in order to acquire the flexibility in signage that they
need.
Council Member Slavik stated that since they have not
use for this property, she would prefer to retain the "AB"
permit. She expressed the opinion that if "B-4" zoning is
would be generated and she questions the fact that they do
this time for use.
indicated the planned
zoning with a special
granted, more traffic
not have any plans at
Minutes
Regular Council Meeting
June 11, 1985
Page 13
Council Member McComb stated that he had no problem in supporting the "B-4"
zoning in order to provide more flexibility for plans for Spohn Hospital. He
expressed the opinion that the Del Mar Neighborhood Association does not object
to the parking garage location on the side of the hospitalthat is away from
their subdivision and he felt that they would not object to this either.
Mr. Westley explained to the Council that Spohn Hospital has no immediate
plans for the parking garage; the hospital needs "B-4" zoning so that they can
devise a master plan for the hospital; and they are of the opinion that "B-4"
zoning would provide flexibility.
Mr. Jack Cooper, 611 Del Mar Boulevard, stated that he was present to speak
as an individual and primarily to ask questions, not really object. He got the
Council up-to-date on the events that had occurred on an earlier zoning
application by Spohn Hospital in connection with a proposed parking garage. He
stated that at this time, Spohn Hospital is applying for "B-4" zoning on both of
the lots on which the Del Mar Neighborhood Association have recommended as ideal
for their parking garage. He stated, however, that Spohn Hospital does have on
file with the State Health Facilities Department a Certificate of Need for over
$20,000,000 worth of construction. He stated that they do have plans to
construct an addition to the hospital and he is concerned about parking location
if buildings are constructed on these lots which are now being used for parking.
He stated that he did not feel it was fair for Spohn to appear before the
Council continuously requesting zoning changes without informing the Council of
their projected plans. He reiterated that he is not opposed to this change of
zoning because he is in favor of anything that will encourage Spohn to expand on
the north side of their existing buildings but he does question where the $20
million worth of construction will go.
Mr. Tom Flaneck, Vice President of Spohn Hospital, informed the Council
that he was present to answer any questions.
Council Member Slavik stated that she understood that they were planning to
construct an Image Center and she would like to know what their plans are for
such a facility. She expressed concern about their plans, particularly on
Morgan and Elizabeth Streets.
Mr. Flaneck assured the Council that they have no plans at this time for
any additions even though they have filed a Notice of Intent in Austin for the
Image Center but their plans have not been determined yet and he does not know
of any plans for the property between Elizabeth and Morgan except for parking.
Mayor Jones objected to the constant requests from Spohn Hospital for their
plans because he felt that this zoning case is a reasonable request and they
should consider it only.
Council Member Mendez indicated his concurrence and pointed out that most
of the area is already zoned "B-4" and Spohn Hospital proposes to use the
subject land for a parking lot.
Minutes
Regular Council Meeting
June 11, 1985
Page 14
Council Member Berlanga stated that the reason so many questions are being
asked about future plans is because Spohn Hospital property has been highly
controversial; they installed illegal signs in the City's easement; the Council
has had a number of problems with Spohn; and they just want to be sure that
nothing is planned for these lots other than parking as they have indicated.
Council Member Slavik stated that the Council's requests for plans has
nothing to do with this particular applicant because many times she has asked
people who come before them for a zoning change about their plans for specific
pieces of property. She emphasized the fact that she did not care who the
applicant is, this is just another case to her and she frequently asks this same
question of all applicants if they do not indicate what their plans are.
Mr. Patrick Rogers stated that he is an attorney and he is the owner of Lot
9, near the subject property. He reminded the Council that several weeks ago, a
public hearing was conducted on a zoning application for Trans -America who had
requested "AB" zoning on the property fronting on Ocean Drive which is directly
behind the Spohn Hospital property. He reminded the Council that "AB" zoning
was denied Trans -America and at that time, the Council indicated that the
property on Ocean Drive should be used for high -type residential use only. He
pointed out to the Council that if they approve "B-4" zoning on these lots,
which are directly behind the lots that front on Ocean Drive, no one will want
to spend money on their property to upgrade when there is a possibility that
tall buildings will be directly behind their backyards. He stated that he
agrees with Council Members Berlanga and Slavik that approving "B-4" zoning
without any plans would be wrong and would be unfair to the property owners of
the adjacent property that fronts on Ocean Drive.
Council Member Mendez stated that he felt that Mr. Rogers had made a good
point and he felt that the Council should consider requests for "AB" zoning on
that portion of Ocean Drive as they come up.
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 Pruet and passed unanimously.
City Secretary Chapa polled the Council for their votes on the two
ordinances effecting the zoning change and the following were passed:
25. ORDINANCE NO. 18880:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SPOHN HOSPITAL BY
CHANGING THE ZONING MAP IN REFERENCE TO LOTS 12 THROUGH 22, BLOCK IX, OCEAN
VIEW ADDITION FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-4" GENERAL
BUSINESS DISTRICT; AND DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
June 11, 1985
Page 15
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Guerrero, McComb, Mendez, Pruet, Slavik and Strong
voting, "Aye", Berlanga voting, "No".
26. AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SPOHN HOSPITAL BY
CHANGING THE ZONING MAP IN REFERENCE TO LOT 3, BLOCK IIA, OCEAN VIEW
ADDITION FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-4" GENERAL BUSINESS
DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Guerrero, McComb, Mendez, Pruet and Strong voting,
"Aye", Berlanga and Slavik voting, "No".
27. Application No. 585-2, Ms. Denise E. Miller: for a change of zoning from
"AB" Professional Office District with a "SP" Special Permit and "R -1B"
One -family Dwelling District to "B-1" Neighborhood Business District on Lot
15 and the north 60' of Lot 18, Block 1, Koolside Addition, located between
Airline Road and Dorthy Drive, approximately 88' south of Kimbrough Drive.
Assistant City Manager Utter informed the Council that in response to the
twenty-eight notices of the public hearing, five in favor, one in favor from
outside the area of notification, two in opposition, plus one petition
containing forty-five signatures, three of which were within the 200 -foot area,
have been returned. He stated that both the Planning Commission and Planning
Staff recommend denial and informed the Council that the 20% rule is in effect
which will require seven affirmative votes of the Council to pass.
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 pointed
out that this property fronts on both Airline and Dorthy Streets. He stated
that the property on Airline is zoned "AB" with a special permit for a beauty
shop. He stated that most of the property along this portion of Airline is
zoned "R -IB" or "AB" with special permits for specific uses. He noted that
across the street are single-family dwelling units and stated that the applicant
plans to extend her beauty shop parking all the way through to Dorthy Street to
use the back portion of that lot for parking and the Staff is of the opinion
that this would be an intrusion into the residential neighborhood.
The applicant, Ms. Denise Miller, stated that when she moved her beauty
shop to this location, her Certificate of Occupancy indicated that the property
was zoned "B-1". She then passed her Certificate around for the Council's
review. She stated that she had spent $15,000 renovating the building and she
was under the impression that "B-1" zoning was in effect when she leased the
property and she now plans to purchase it. She explained that she is requesting
"B-1" zoning so that she can install an expensive sign that she has purchased
and she also has plans to add a second story to the building for additional
beauty treatments and a massage parlor.
Minutes
Regular Council Meeting
June 11, 1985
Page 16
Mayor Pro Tem Best pointed out that this is another case of an error on the
part of a City employee. He noted, however, that most of the property in the
area is developed with special permits and inquired of Mr. Wenger if Ms. Miller
could accomplish what she wants to without the change of zoning.
Mr. Wenger explained that the applicant has a special permit but the
Council could amend the special permit to allow for the installation of the
sign. He noted that a beauty shop is required to have one parking space for
each 200 square feet of space.
Ms. Miller stated that she has 3,500 square feet at this time but she would
like to construct a second story.
Mr. Utter provided additional information by stating that if she has 3,500
square feet, seventeen parking spaces would be required and if a second floor
were constructed, additional parking facilities would be required. He also
provided an explanation in regard to the Certificate of Occupancy, stating that
it was issued after all of the work had been completed to renovate the structure
and the Certificate of Occupancy is not the same as a building permit.
Council Member Slavik explained that the Council is concerned about these
two blocks on Airline on which many requests have been made for "B-4" zoning,
and explained that the Council is attempting to prevent a repetition of the
numerous traffic problems on Everhart Road.
She also stated that she was of the opinion that it is wrong to exit on to
Dorthy Street from this Airline business because Dorthy Street is strictly
residential in nature.
After further discussion, Mr. Utter suggested that the Council might wish
to delay a decision on this case for two months to allow Ms. Miller to work with
her architect to see if the building can be designed in accordance with the
special permit and determine if enough space is available for the required
number of spaces.
A motion was made by Council Member Strong that action on this zoning
application be delayed for 60 days.
The motion was seconded by Council Member Mendez.
Mr. Utter pointed out that there were a number of people in the audience
present to speak in opposition to this zoning application and expressed the
opinion that they were probably here in opposition to changing the zoning on the
lot that fronts on Dorthy Street.
Minutes
Regular Council Meeting
June 11, 1985
Page 17
Several members of the audience indicated that that was their concern.
Council Member McComb then offered an amendment to Mrs. Strong's motion to
the effect that anything considered in 60 days would be for only the lot that
fronts on Airline and no zoning change would be considered on the lot which
fronts on Dorthy Street.
Mrs. Strong indicated her concurrence with this amended motion; this
amended motion was seconded by Council Member Mendez; and passed unanimously.
Mayor Jones called for the City Manager's Report.
City Manager Martin explained that the only thing that he wished to do
today was to consider the issue of the budget and obtain approval from the
Council of the proposed schedule which was provided them in their Friday's
packet. He suggested spending fifteen to twenty minutes at next week's meeting
to briefly discuss the budget and to adopt a motion to schedule a public hearing
on the budget and revenue sharing on July 9, 1985. He reminded the Council that
they have a meeting scheduled for Monday, June 24th at 5:30 p.m. for
presentation of the proposed budget. He stated that this will be a Workshop
Meeting and the Council may wish to schedule other Workshop budget meetings.
Council Member Slavik referred to the State Law which states that a public
hearing must be set if the effective tax rate is increased a certain percentage.
City Manager Martin explained that the City Charter indicates that the City
Council must adopt the Budget by August 1st and he plans to follow the same
procedure as the preceding year. He explained further that when a Charter and
State Law are apparently in conflict, then a City must live with both of them
and he would take the position that the City Council should not violate the City
Charter which states that the budget must be adopted by August 1st.
Mr. Martin further stated that the budget he has prepared will not exceed
the effective tax rate and even if it did, the public hearings Mrs. Slavik
referred to could be held at any time.
On another subject, City Manager Martin informed the Council that the Staff
has developed a program whereby an Enforcement Officer can issue a citation on
zoning violations. He expressed the opinion that this will greatly facilitate
the process for correcting illegal zoning uses.
Mayor Jones stated that he will be absent from the meeting next week
because of attendance at the U. S. Conference of Mayors in Alaska.
Council Member Mendez reminded the Staff that last week, he had brought up
the Northside Business Association and requested a report this week.
Minutes
Regular Connell Meeting
June 1 1 , 1'415
Page 18
Mr. Mendez continued by stating that the Association had requested action
on approximately ten specllic needs and he telt that [he City should respond in
some way to that request.
Council Member Strong, expressed appreciation to the Stall for their rapid
response to a matter she had brought up the preceding week.
Council Member Guerrero stated that he Inas some very serious concerns about
a letter written by the Corpus Christi (lousing Authority to Mayor Jones In which
she had stated that there is; no need for additional public housing. He stated
that something should he done about this because there is a definitely a need
for additional public housing.
Mayor .tones stated that he disagreed with Council Member Guerrero and
expressed the opinion that the (lousing Authority is very good and keeps the
houses and apartments full at all times. He r11so pointed out that there is no
new construction money to build public buildings from a federal source.
Council Member Mendez stated that he concurs with Mr. Guerrero because the
Executive Director of the (lousing Authority indicates that the Authority has not
applied for funds because there is no need for housing. He expressed the
opinion that HUD money is available it it is applied for.
There being no further business to come before the Council., on motion by
Council Member McComb, seconded by Mayor I'ro Tent Best and passed unanimously,
the Regular Council Meeting was adjourned at 4:35 p.m., June 11, 1985.
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