HomeMy WebLinkAboutMinutes City Council - 07/16/1985MINUTES
City of Corpus Christi, Texas
Regular Council Meeting
Council Chambers - City Hall
July 16, 1985
2:00 p.m.
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
Asst. City Secretary Dorothy Zahn
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Dr. Loren White of Second Baptist Church,
following which the Pledge of Allegiance to the Flag of the United States was
led by Joe Velez of Boy Scout Troop 318.
Assistant City Secretary Dorothy Zahn called the roll and stated that a
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
Special Council Meeting of July 8, and the Regular Council Meeting of July 9,
1985, be approved as presented; seconded by Council Member Leo Guerrero; and
passed unanimously.
Mayor Jones called for confirmation of Board and Committee Appointments
made during the morning workshop meeting.
a. Civil Service Board & Commission: Term to Expire
Todd Hunter 6/15/88
b. Food Service Advisory Council:
Jack Bell (food industry) 6/24/88
Charles Kovar (food industry) 6/24/88
Martha Thielhorn (community at large) 6/24/88
c. Human Relations Commission:
A. Kendall Peterson, Jr. (youth)
Michelle Villarreal (youth)
Debbie Cruz (youth)
Charles Kaler
6/14/86
6/14/86
6/14/86
6/14/88
MICROFILMED
Minutes
Regular Council Meeting
July 16, 1985
Page 2
Welder Brown 6/14/88
Betty Jean Longoria 6/14/88
d. Private Industry Council (JTPA)
Private Sector
Norma Delgado Bouillerce 6/30/87
Eddie Garcia 6/30/87
Al McRae 6/30/87
Alan Stoner 6/30/87
Luis Munoz 6/30/87
Community Based Organization
Edward Rivera
Education
Roel Carmona
Economic Development
Romeo Garcia
e. Park and Recreation Board
Claude Axel
Randy DeLay
f. Alcohol and Drug Abuse Task Force
T. Teresa Rasco
Raymond Perez
6/30/87
6/30/87
6/30/87
8/23/86
8/23/87
8/85
8/85
A motion was made by Council Member Bill Pruet that the appointments be
approved; seconded by Mayor Pro Tem Jack Best; and passed unanimously.
Mayor Jones called for consideration of Action of the Council from the
Workshop Session; he then read a resolution regarding the Transit Election;
Assistant City Secretary Zahn polled the Council for their vote on the
resolution; and the following was passed:
RESOLUTION NO. 18927
ENDORSING THE PASSAGE OF THE CONFIRMATION AND TAX ELECTION FOR THE CORPUS
CHRISTI REGIONAL TRANSIT AUTHORITY AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
* * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Motions.
nutes
_.egular Council Meeting
July 16, 1985
Page 3
1. 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
miscellaneous paper for Stationery Stores inventory. All items except item
4 (25% Rag bond paper) based on low bid. Item 4 based on best bid.
Century Papers Monarch Paper Company
Total: $7,354.00 Total: $30,996.40
GRAND TOTAL: $38,350.40
A 14% decrease from last bid in May 1984. Seven bid invitations were
issued and four bids were received.
2. Approving the purchase of a sewer line bucket machine and a truck loader
for Wastewater Services from Naylor Supply Company, based on an only bid,
for the total amount of $44,442. Five bid invitations were issued and one
bid was received.
3. A contract in the amount of $17,467.65 be awarded to Bellwether Construc-
tion Company to complete remaining work in the Annaville Area No. 1 Street
Improvement project on which Ibanez Construction Co., Inc. has defaulted.
Sufficient funds are available in the construction account to effect this
award, and a separate appropriation is not required. •
Regarding item 3, Mayor Jones inquired how many times Ibanez Construction
Company had defaulted on a job, and City Manager Edward Martin stated that this
company had defaulted on several projects.
In response to a question by Mayor Jones, Mr. Martin stated that the
decrease in the price of paper (item 1) was due to competition and an over-
abundance of the product.
4. Authorizing the City Manager to execute contracts with Mr. Eugene Bouligny
and Mrs. Emma Trevino for the acquisition of land to be developed as a
neighborhood park in the Spohn Hospital Area. The acquisition involves the
purchase of one lot for $51,600 and donation by gift deed of a second from
Mr. Bouligny and the purchase of a third lot for $49,600 from Mrs. Emma
Trevino. Acquisition costs are based on appraisals by Mr. Thomas F.
Dorsey, an independent appraiser. Funds for this project are available
from the 10th and llth Year Community Development Block Grant Programs.
5. Authorizing the City Manager or his designee to execute an agreement with
AMIGOS, Inc. Computerized Bibliographic Service for the purpose of
cataloging new library materials and developing a computerized file of our
library holdings. The AMIGOS network is also utilized for all interlibrary
loan transactions between Corpus Christi Public Library and most major
libraries in the nation. The approximate annual cost for their services is
$30,000, of which $14,000 will be reimbursed by the Texas State Library in
return for services rendered by Corpus Christi Public Library as an
Interlibrary Loan Center.
Minutes
Regular Council Meeting
July 16, 1985
Page 4
6. A public hearing be scheduled for August 6, 1985, on the closure request of
a 20 foot wide by 150 foot long alley in Block 10, Jones Addition. City
sanitary sewer and gas lines exist in the alley, and a utility easement
would be retained if the alley were closed.
7. A public hearing be scheduled for August 6, 1985, on the closure of
approximately 100 feet of Nemec Street at the Hamlett Drive intersection,
the closure of an approximate 100 foot long unnamed street adjacent to Lot
2, Block 8, Botsford Park Unit 2, and the closure of a 350 foot long
section of unopened 30 foot wide Hamlett Drive from Nemec Street to South
Padre Island Drive. These closure requests are staff and property owner
initiated as a result of recent projects in the area.
Referring to item 4, land acquisition for a park in the Spohn Hospital
Area, City Manager Martin stated that the funds were included in the 10th and
11th Year CDBG Programs for this purpose.
Further discussion followed regarding the importance of the requirement for
5% park dedication in new subdivisions.
Mayor Jones called for comments from the audience on the Consent Motions,
items 1 through 7. There were none.
A motion was made by Council Member Guerrero that Consent Motions1 through
7 be approved; seconded by Council Member Mary Pat Slavik; and passed
unanimously.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Ordinances.
Council Member Slavik inquired as to who the principals were for the
Broadway Plaza Project referred to in ordinance 13. (It was later determined
that the principals are Porter, Rogers, Dahlman & Gordon.)
Referring to the first reading of an ordinance regarding prostitution,
Council Member Slavik stated that she wanted to publicly thank Chief Bill Banner
for his efforts in reducing the problem of prostitution, particularly in the
downtown area.
Referring to the award of a contract to Hunt Construction Co. for the
Saratoga/Weber Public Safety Building, ordinance 11, Council Member Pruet noted
that the memorandum indicated that there had been some previous problems with
the work performed by this company.
After further discussion of the company's performance, Assistant City
Manager James K. Lantos assured the Council that the staff is now satisfied with
this company's performance record.
In reference to Ordinance 1117 pertaining to golf fees, Council Member
Mendez inquired if the ordinance had been changed to include lower fees for
mutes
Regular Council Meeting
July 16, 1985
Page 5
senior citizens and what is referred to as "twilight rates" for nine holes of
golf.
City Manager Martin assured the Council that these changes will be made
prior to third reading.
Mayor Jones called for comments from the audience on the Consent Ordinances
and there were none.
Assistant City Secretary Zahn polled the Council for their votes on the
ordinances and the following were approved:
8. ORDINANCE N0. 18919
DESIGNATING THE VEHICLES AND CRAFTS OF THE MARINA SUPERINTENDENT AND THE MARINA
DIVISION AS AUTHORIZED EMERGENCY VEHICLES WHILE RESPONDING TO EMERGENCIES;
PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
9. RESOLUTION NO. 18920
ADOPTING MINUTE ORDER OF THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION NUMBER 83284, DATED JUNE 21, 1985, PERTAINING TO THE
RECONSTRUCTION OF SOUTH PADRE ISLAND DRIVE FROM EAST OF AIRLINE ROAD TO THE WEST
END OF OSO BAY BRIDGE, WHEREIN THE CITY WILL BE RESPONSIBLE FOR THE COST OF
FRONTAGE ROAD CURB, GUTTER, SIDEWALK, AND DRIVEWAYS AND WOULD PARTICIPATE IN THE
INSTALLATION, OPERATION, AND MAINTENANCE OF LIGHTING WITH THE TEXAS STATE
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PAYING ALL OTHER COSTS OF THIS
THREE MILE EXPRESSWAY PROJECT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez,Pruet, Slavik, and Strong voting
"aye."
10. ORDINANCE NO. 18921
AUTHORIZING THE EXECUTION OF AN APPRAISAL AGREEMENT WITH SIDNEY H. SMITH, III
FOR REAL ESTATE APPRAISAL SERVICES FOR THE ACQUISITION OF THREE PARCELS IN
CONNECTION WITH THE SARATOGA BOULEVARD IMPROVEMENTS PROJECT; APPROPRIATING
$2,500; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
Minutes
Regular Council Meeting
July 16, 1985
Page 6
11. ORDINANCE NO. 18922
AUTHORIZING THE EXECUTION OF A CONTRACT WITH HUNT CONSTRUCTION COMPANY, INC. FOR
CONSTRUCTION OF A PUBLIC SAFETY BUILDING APPROXIMATELY ONE-HALF MILE SOUTH OF
SARATOGA BOULEVARD ON WEBER ROAD; APPROPRIATING $276,334; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
12. ORDINANCE NO. 18923
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ROBERT F. BERNSEN, JR., BY
GRANTING A SPECIAL COUNCIL PERMIT FOR AN ADDITIONAL KITCHEN IN A SINGLE-FAMILY
DWELLING WITH THE STIPULATION THAT ONCE THE PRESENT OCCUPANTS NO LONGER USE THE
ADDITIONAL KITCHEN FACILITIES, ONE KITCHEN BE REMOVED ON LOT 4, BLOCK 3, JACKSON
WOODS UNIT 2; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
„aye.„
13. ORDINANCE NO. 18924
AMENDING ORDINANCE NO. 17716 PASSED JULY 20, 1983, WHICH CLOSED AND ABANDONED A
PORTION OF SOUTH UPPER BROADWAY BY EXTENDING THE DEADLINE FOR COMMENCEMENT OF
CONSTRUCTION OF AN OFFICE BUILDING BY SIX MONTHS FROM JULY 20, 1985; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
14. FIRST READING
AMENDING CHAPTER 33, OFFENSES AND MISCELLANEOUS PROVISIONS, BY ADDING A NEW
SECTION 33-22, LOITERING FOR PROSTITUTION; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
The ordinance was read for the first time and passed to second reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and
Strong voting "aye."
15. SECOND READING
AMENDING CHAPTER 6, ANIMAL CONTROL, SECTIONS 21, IMPOUNDMENT, AND 22, RABIES
VACCINATION, OF THE CITY CODE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The ordinance was read for the second time and passed to its third reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye."
.nutes
Regular Council Meeting
July 16, 1985
Page 7
16. SECOND READING:
AMENDING CHAPTER 19, FOOD AND FOOD ESTABLISHMENTS, SECTION 19-75, CERTIFICATION,
BY ESTABLISHING A FEE OF $3.00 FOR CERTIFICATES ISSUED BY THE HEALTH DEPARTMENT
TO EMPLOYEES OF FOOD SERVICE ESTABLISHMENTS ON COMPLETION OF REQUIRED TRAINING,
AND REQUIRING NEW EMPLOYEES TO COMPLETE TRAINING BEFORE STARTING WORK; PROVIDING
FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The ordinance was read for the second time and passed to its third reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye."
17. SECOND READING:
AMENDING SECTION 36-2, GREEN FEES SCHEDULE FOR GOLF COURSE AND GOLF CENTER, OF
CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, TO CHANGE
THE GREEN FEE SCHEDULE FOR THE GABE LOZANO AND OSO MUNICIPAL GOLF CENTERS;
PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUB-
LICATION.
The ordinance was read for the second time and passed to its third reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye."
18. SECOND READING:
AMENDING SECTIONS 21-7, 21-18 THROUGH 21-21.1, AND 21-46 OF THE CODE OF
ORDINANCES 50 AS TO INCREASE GARBAGE COLLECTION AND DISPOSAL CHARGES EFFECTIVE
WITH THE FIRST BILLING CYCLE IN THE MONTH OF AUGUST, 1985; PROVIDING FOR SEV-
ERANCE; AND PROVIDING FOR PUBLICATION.
The ordinance was read for the second time and passed to its third reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye."
19. SECOND READING:
AMENDING CHAPTER 55, UTILITIES, ARTICLE IV, GAS RATES AND CHARGES, SECTION
55-61, CLASSIFICATION OF CUSTOMERS AND SCHEDULES OF RATES, AS SET FORTH IN
ORDINANCE NO. 17761, AS AMENDED, SO AS TO CHANGE THE SCHEDULE OF GAS RATES FOR
ALL CUSTOMERS TO THE CITY -OWNED GAS DISTRIBUTION SYSTEM BY PROVIDING A NEW
SCHEDULE OF RATES FOR ALL GAS CUSTOMERS; PROVIDING FOR SEVERANCE; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION.
The ordinance was read for the second time and passed to its third reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye."
Minutes
Regular Council Meeting
July 16, 1985
Page 8
20. SECOND READING:
AMENDING SECTION 55-100 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976
REVISION, SO AS TO PROVIDE CERTAIN INCREASES IN WASTEWATER RATES; PROVIDING FOR
REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION.
The ordinance was read for the second time and passed to its third reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye."
* * * * * * * * * * * * *
Mayor Jones called for consideration of the following motion on the Regular
Agenda:
21. The following actions be taken in connection with improvements at the
Corpus Christi International Airport:
a) That the schematic design plans prepared by Cotten -Landreth
Architects, for the extension of the west concourse on a pier level
concept, be approved.
b) That the schematic design plans for the expansion of the Airport
Terminal building in a linear westward direction, be approved.
c) That the conceptual plan of providing exterior treatment of the
terminal, including alternatives for a partial and a full canopy along
the front of the terminal at an estimated cost of $270,000 be
approved.
d) That a landscape architect contract be negotiated for developing a
total landscaping, plan at the Airport for implementation on a funds
available basis.
e) That the entryway sign, recommended as part of the graphics program,
be designed and bid immediately, but the remainder of the graphics
program be implemented as part of the funding plan.
f) That the drainage ditch through the parking lot be covered to provide
for aesthetic improvement and additional parking, and that the Staff
be authorized to proceed with the preparation of plans and speci-
fications for bidding the project in early 1986, if funds are
available.
g) That a number of miscellaneous projects, such as changing light stan-
dards, minor landscaping, etc., be implemented as funds become
available.
h) That the architect be further directed to develop a terminal develop-
ment plan which plan must show the relationship of the proposed
improvements to the long term terminal development plan, and indicate
how future improvements would be made.
i) That the plan for the sale of Certificates of Obligation previously
estimated at $1,000,000 be increased to approximately $1,300,000, to
cover the cost of the additional improvements proposed.
Mayor Jones stated that Dr. Richards, Chairman of Corpus Christi '90,
wanted to clarify that this motion, particularly "h", is a result of
recommendations from CC '90.
lutes
Regular Council Meeting
July 16, 1985
Page 9
City Manager Martin elaborated that item "h" is CC '90's recommendation to
the City Council; it is referring to Cotten/Landreth Architects; and this means
that Cotten/Landreth's contract with the City will be expanded to included this
item. Mr. Martin further stated that the City would need to hire conceptual
architects.
Council Member Slavik referred to "i", the increase of $300,000 in
Certificates of Obligation, and Mr. Martin stated that this posed no problem in
that the $300,000 was spread over a 5 -year period; the funds are in the Debt
Service Budget; and the minimum amount is already in the budget.
Council Member Pruet inquired if funds for the canopy are included in the
budget, and City Manager Martin replied in the affirmative.
Council Member McComb referred to the fact that a fatal collision had
occurred at the entrance to the Airport and inquired if an overpass could be
constructed to avoid future problems.
Mayor Jones stated that the City should ask Nino Gutierrez with the State
Department of Highways to address this Issue.
Mayor Jones called for comments from the audience on motion 21; there were
none; a motion was made by Council Member Mendez that this item be approved;
seconded by Mayor Pro Tem Best; and passed by the following vote: Jon*s, Best,
Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Jones called for consideration of ordinance 22, authorizing the City
to participate in the CP&L rate case.
City Manager Martin explained that this is a routine but major ordinance;
the City has original jurisdiction in rate matters; CP&L has filed for a rate
increase; the City has, as a matter of practice, moved to intervene in the rate
case; in order to be more efficient, a group of cities have joined together to
present the cities' side of the rate case; and Don Butler is the attorney for
the cities.
Mr. Martin then explained the manner in which the cost of intervening is
reimbursed to the City by CP&L in accordance with the regulations set by the
Public Utility Commission.
Mayor Jones stated that it is important that the City have original
jurisdiction over rate matters, and Mr. Martin concurred with the Mayor's
remarks, noting that the City was able to expedite the rebate issue by using
original jurisdiction procedures.
Mayor Jones called for comments from the audience on Ordinance 22; there
were none; Assistant City Secretary Zahn polled the Council for their vote; and
the following was passed:
Minutes
Regular Council Meeting
July 16, 1985
Page 10
22. ORDINANCE NO. 18925
AUTHORIZING THE CITY'S PARTICIPATION IN A COOPERATIVE EFFORT WITH OTHER CITIES
IN CENTRAL POWER & LIGHT COMPANY'S SYSTEM RELATING TO CENTRAL POWER & LIGHT'S
REQUEST FOR RATE INCREASE AND CENTRAL POWER & LIGHT'S REQUEST TO APPROVE A
SETTLEMENT WITH BROWN & ROOT COMPANY CONCERNING THE SOUTH TEXAS NUCLEAR PROJECT;
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACT FOR THE CITY IN THE CONFIRMATION
OF A STEERING COMMITTEE TO DIRECT SAID COOPERATIVE EFFORT; RATIFYING AND
APPROVING SELECTION BY THE STEERING COMMITTEE OF CONSULTANTS AND DON BUTLER AS
LEGAL COUNSEL; AND AUTHORIZING SAID LEGAL COUNSEL TO INTERVENE ON BEHALF OF THE
CITY BEFORE THE PUBLIC UTILITY COMMISSION IN THESE AND ANY RELATED DOCKETS; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
* * * * * * * * * * * * *
Mayor Jones announced the public hearing on the following item:
23. RECESSED HEARING - Timbergate Drive Assessment Hearing.
Assistant City Manager Lontos explained that the property owners.were able
to negotiate an agreement; there is no need for City participation in this
project; however, since an ordinance has been passed adopting the preliminary
assessment roll, it is necessary to formally close the hearing.
There were no comments from the public; a motion was made by Council Member
Guerrero that the hearing be closed; seconded by Mayor Pro Tem Best; and passed
unanimously.
* * * * * * * * * * * * *
24. ALLEY CLOSING - Closure of 15 foot wide alley in Block 2 of the M.T.
Gaffney Addition. The alley located between Buford and Craig Streets is
the location of the former Edward Furman Public School. The closure
request is made by the Corpus Christi Independent School District, who is
in the process of selling the property.
Mr. Lontos explained that there were no utilities in the alley; this alley
exists on paper only; and that the Edward Furman Public School, which is vacant,
currently is on the property. Mr. Lontos then displayed a transparency of the
area.
There were no comments from the audience; a motion was made by Council
Member Mendez that the hearing be closed; seconded by Council Member Pruet; and
passed unanimously.
* * * * * * * * * * * * *
inutes
Regular Council Meeting
July 16, 1985
Page 11
City Manager Martin announced that item 28, Zoning Case #485-9, Nueces
Development Company, had been withdrawn by the applicant.
A motion was made by Council Member Guerrero that the Council take a 5
minute recess at 2:55 p.m.; seconded by Council Member Mendez; and passed
unanimously.
* * * * * * * * * * * * *
Mayor Jones reconvened the meeting at 3:00 p.m., and announced the public
hearings on the three zoning cases.
Assistant City Manager Tom Utter stated that Application No. 685-9 and No.
685-10T would be considered concurrently.
25. Zoning Application No. 685-9, Reagan and Associates: For a change in
zoning from "F -R" Farm -Rural District to "B-4" General Business District
being 8.42± acres out of Annex No. 2, Nueces River Irrigation Park, located
on the north side of F.M. 624, approximately 1,000 feet east of the inter-
section of F.M. 624 and F.M. 1889.
26. Zoning Application No. 685-10T, Reagan and Associates: Amendment to the
Zoning Ordinance - Amend Article 31, Newly Annexed Territory, by amending
Section 31-5 by adding thereto one new subsection to be numbered 31-5.85
setting forth a zoning classification of "B-4" General Business District on
a described tract of land when annexed to the City of Corpus Christi,
Texas, being 4.62± acres out of Annex No. 2, Nueces River Irrigation Park,
located approximately 1,000 feet east of E.M. 1889, on the north side of
F.M. 624.
Mr. Utter stated that in response to the 7 notices of the public hearing
for Application No. 685-9, 2 were returned in favor and none in opposition; and
that in response to the 4 notices of the public hearing for Application No.
685-10T, none were returned either in favor or in opposition.
Mr. Utter stated that the Planning Commission recommends approval of both
zoning cases, and the staff originally recommended denial, but now the staff is
recommending a special permit for "B-4" uses, subject only to a site plan
showing an acceptable driveway and curb cut pattern. He informed the Council
that the staff is recommending a two year special permit, which could be
extended if the applicant desires.
Mr. Larry Wenger, Director of Planning, displayed the two areas on the
zoning land use map, described the land use in the surrounding area; and showed
slides of the area.
Council Member Pruet commended Mr. Utter and Mr. Wenger for their efforts
in working out a compromise for these two zoning cases.
Mayor Jones called on the applicant to speak.
Minutes
Regular Council Meeting
July 16, 1985
Page 12
Mr. Harold Shearer, representing Reagan and Associates, displayed a drawing
to the Council showing the two areas and how they are related. He stated that
the applicant is satisfied with the special permit.
Mayor Jones called for comments from the audience.
Mr. Dennis Denman, 3846 Violet Road, stated that he is not opposed to the
zoning change; he has property in the area that is zoned "B-4"; but he would
like consideration given to rerouting a road in front of his property in order
that he would have more frontage.
After further discussion, it was decided that the plan proposed by the
Planning Department and approved by the Traffic Engineering Department for the
streets in the subdivision was the safest.
A motion was made by Council Member Mendez that the hearing be closed,
seconded by Council Member Guerrero and passed unanimously.
A motion was made by Council Member Mendez that a two-year special permit
be approved for "B-4" uses, subject to a site plan showing driveways and curb
cuts, for Application No. 685-9; seconded by Council Member Guerrero; and passed
unanimously.
A motion was made by Council Member Mendez that a two-year special permit
be approved for "B-4" uses, subject to a site plan showing driveways'and curb
cuts, for Application No. 685-1OT; seconded by Council Member Guerrero; and
passed unanimously.
* * * * * * * * * * * * *
27. Zoning Application No. 685-12T, Mr. Henry Tucker: Amendment to the Zoning
Ordinance - Amend Article 31, Newly Annexed Territory, by amending Section
31-5 by adding thereto one new subsection to be numbered 31-5.86 setting
forth a zoning classification of "A-2" Apartment House District on a
described tract of land when annexed to the City of Corpus Christi, Texas,
being 22.95± acres containing the southwest 60.00 feet of Lots 11, 12, 13,
14, and the northeast 1/3 of Lots 19, 20, 21, and 22, Section 6, Flour
Bluff and Encinal Farm and Garden Tracts, located generally between
Everhart Road and S. Staples Street, and south of and adjacent to the
extension of Yorktown Boulevard.
Mr. Utter stated that of the four notices mailed, one was returned in favor
and one was returned in opposition to the zoning change. He stated that the
Planning Commission and Staff recommend denial of "A-2", and in lieu thereof
grant a special permit with a site plan simply stating "For apartment develop-
ment at a density not exceeding 29 units per acre" and with the intention that
when a new zoning district allowing 29 units per acre is created, that the
property automatically be zoned "A -1A".
Mr. Wenger displayed the area on the zoning.and land use map; described the
land use in the surrounding area; and showed slides of the area.
mutes
Regular Council Meeting
July 16, 1985
Page 13
In response to Mrs. Slavik's request, Mr. Utter read the letter of
opposition.
There were no comments from the audience on this zoning application; a
motion was made by Council Member Guerrero that the hearing be closed; seconded
by Council Member Mendez; and passed unanimously.
Assistant City Secretary Zahn polled the Council for their vote on the
ordinance effecting the zoning change, and the following was passed:
ORDINANCE NO. 18926
AMENDING ORDINANCE 17341 PASSED ON NOVEMBER 3, 1982, WHICH AMENDED THE ZONING
MAP BY GRANTING A PREZONING REQUEST ON TRACT A BEING A PORTION OUT OF LOTS 11,
12, 13, 14, 19, 20, 21, AND 22, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND
GARDEN TRACTS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
* * * * * * * * * * * * *
*28. Zoning Application No. 485-9, Nueces Development Company: For a:change in
zoning from "B-1" Neighborhood Business District to "B-3" Business District
being 1.884± acres out of Lot D, Edwin Farm Lots, located on the southeast
corner of Cliff Maus Drive and Old Brownsville Road.
*Withdrawn - See page 10.
* * * * * * * * * * * * *
29. TABLED - Zoning Case No. 685-11, Bearco Development Company: For a change
in zoning from "I-2" Light Industrial District to "T -1C" Mobile Home
Subdivision District, being 16.24± acres out of Lot 3, Block 9, J.C.
Russell Farm Blocks, located approximately 860 feet east of Navigation
Boulevard and 1,100 feet north of Bear Lane.
Mayor Jones stated that this case was tabled in order to receive input from
West Oso Independent School District.
Mr. Frank Gallardo, 4201 Dryer, representing West Oso Independent School
District, stated that the district was opposed to the zoning change, and that he
had spoken with the residents of the area and they too were opposed.
Mayor Jones noted that if the zoning of "T -1C" is granted, the developer
would have to comply with the City Code regarding streets, sidewalks, etc.
Council Member Guerrero stated that he did not approve of "T -1C" because
there is no guarantee that new mobile homes would be placed on the lots.
Minutes
Regular Council Meeting
July 16, 1985
Page 14
Mayor Jones called on the applicant to speak.
Mr. Chuck Urban, Urban Engineering, speaking on behalf of the applicant,
stated that the area consists of 16 acres out of 30 acres; it will be a mobile
home subdivision, not a park; the lots will be sold; there is a demand for sites
suitable for manufactured housing; the applicant desires a first-class
subdivision; the streets will be in accordance with regulations for residential
subdivisions; and there will be deed restrictions.
Discussion followed on the difference between a mobile home subdivision and
a mobile home park.
Mr. Utter noted that the City cannot enforce deed restrictions.
Council Member Mendez stated that he did not think that residential areas
are appropriate locations for mobile home subdivisions, and Mr. Utter stated
that "1-2" zoning was not appropriate zoning adjacent to residential sub-
divisions.
Council Member Guerrero stated that once the lots are sold, the owners can
rent them; the tenant can place a shabby mobile home on the lot; and that the
City cannot control what type of mobile home is placed on the lot.
Council Member Mendez expressed the same opinion. ,
Council Member Pruet stated this subdivision will be treated as any
residential subdivision; i.e., 50' wide streets, park dedication, etc. and that
this is possibly a $600,000 subdivision. He also stated that this would be
working to the detriment of the people who can least afford a new home by
precluding this type of development.
Mayor Jones stated that he basically agreed with Mr. Pruet's comments in
that the Council would be denying a housing opportunity, and the Council should
try to provide a housing alternative.
Mayor Jones departed the Council Meeting at 4:00 p.m. in order to take a
conference call regarding Homeport.
Council Member Mendez reiterated that there is no guarantee as to what type
of manufactured housing would be placed on the lots.
Council Member Strong stated that the Council cannot speak to the
intentions of the developer; manufactured housing can be very attractive; and
the Council should look at the best side of this matter.
Further discussion followed among the Council Members regarding the type of
manufactured homes that are placed in mobile home subdivisions.
A motion was made by Council Member Pruet that zoning of "T -1C" be approved
for application No. 685-11, seconded by Council Member Strong.
Minutes
Regular Council Meeting
July 16, 1985
Page 15
Mr. Joe Cantu, 2002 Airline, stated that the surrounding properties would
be decreased in value if "T -1C" is granted, and that the residents in the area
would prefer industry to mobile homes.
A motion was made by Council Member Guerrero that the
seconded by Council Member Mendez; and passed unanimously.
Assistant City Secretary Zahn polled the Council for
ordinance effecting the zoning change, and the ordinance
follows:
FAILED TO PASS
hearing be closed;
their vote on the
failed to pass as
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF BEARCO DEVELOPMENT COMPANY BY
CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 3, BLOCK 9, J.C.
RUSSELL FARM BLOCKS, FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "T -1C" MOBILE HOME
SUBDIVISION DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance failed to pass as follows:
Best, Berlanga, Guerrero, Mendez, and Slavik voting "no"; McComb, Pruet, and
Strong voting "aye"; Jones absent at the time the vote was taken.
* * * * * * * * * * * * *
There being no report from the City Manager, Mayor Jones called for
petitions or information from the audience on matters not scheduled on the
agenda.
Mr. Ben Sley, 470 Cape Lookout, stated that he represented RID; he
requested that administrative action be taken against an Assistant City Manager
who had been arrested by the City Police; and that RID feels that if no action
is taken, this sends the message to the community that such conduct is
appropriate. He urged the Council to consider the options available to them.
Mayor Pro Tem Best stated that Mr. Sley was asking the Council to be a
"kangaroo court" before the case had been in a court of law.
Further discussion followed between Mayor Pro Tem Best and Mr. Sley.
City Manager Martin interjected that under the City Charter, disciplinary
action is the City Manager's responsibility; he has reviewed the police report;
he has made his decision not to take disciplinary action; and that is the end of
the matter.
Mrs.
improved.
City
park, and
Blanche De Los Santos, 201 Norton, requested that Vanderbilt Park be
Manager Martin stated that a cost analysis is being prepared on this
a report with cost estimates will be forthcoming for adoption.
Minutes
Regular Council Meeting
July 16, 1985
Page 16
Mr. Frank Gallardo, requested that second -time home buyers be allowed to
purchase their homes under the single family mortgage revenue bonds, and City
Manager Martin stated that federal law prohibits this, unless it is in four
specific census tracts.
Mr. Gallardo inquired if there was a zoning classification for churches,
noting that the Molina Area has 15 churches.
Council Member McComb inquired if Mr. Gallardo was opposed to churches
also, stating that West Oso ISD is interested in increasing their tax base and
not increasing the number of children in their schools.
Mr. Ivan Arceneaux, 3706 Prosper, invited the Council to the Grayfest
Celebration to be held July 20 - 21, 1985.
Mayor Jones returned to the meeting at 4:26 p.m.
Mr. Tom Hunt, 75 Townhouse Lane, referred to the Tax Increment Finance Act
of 1981, which states that expenses in the reinvestment zone should be
documented. He referred to expenses relating to the Landmass Project.
Mayor Jones suggested that Mr. Hunt write a letter requesting specific
information.
There being no further business to come before the. Council, on motion by
Council Member Mendez, seconded by Mayor Pro Tem Best and passed unanimously,
the Regular Council Meeting was adjourned at 4:34 p.m., July 16, 1985.
/td