HomeMy WebLinkAboutMinutes City Council - 08/27/1985MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
AUGUST 27, 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 Council Member David Berlanga, Sr., following
which the Pledge of Allegiance to the Flag of the United States was led by Boy
Scouts Jacob Hawkinson and Chris Hall of Pack No. 7.
City Secretary Armando Chapa called the roll and verified that the
necessary quorum of the Council and the required Charter Officers were present
to conduct the meeting.
A motion was made by Council Member Frank Mendez that the Minutes of the
Regular Council Meeting of August 20, 1985 be approved; seconded by Council
Member Leo Guerrero; and passed unanimously.
Mayor Jones announced the issuance of a proclamation designating August 24,
1985 as "BILL TUCKER APPRECIATION DAY".
* * * * * * * * *
Mayor Jones presented a plaque to Mr. Bill Stewart of the local Federation
Aviation Administration Staff expressing the City's appreciation for their
outstanding performance and service in their capacity at Corpus Christi
International Airport. He explained that they had recently won a nationwide
award for the efficiency with which they operate at the local. airport.
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accepts on behalf of the personnel of FAA.
Mayor Jones then recognized Chief Bill Banner of the Police Department.
Chief Banner presented Citizens' Certificate of Appreciation awards to Ms.
Sharon Payne and Mr. Tom Desha. He explained that on August 17, 1985, they mere
instrumental in helping the Police Department apprehend a suspect who had
kidnapped and assaulted a young twelve year-old girl. He expressed appreciation
on behalf of the Police Department and the City of Corpus Christi for their
bravery in performing actions to assist the police.
City Manager Edward A. Martin then introduced Mr. Jerry Funderburk, the
City's new Director' of Aviation.
Mayor Jones then administered the oath to Mr. Donald D. Lewis who was
recently appointed to the Bay Drilling Committee.
* tt:7o1 ?c Tfm DI. .lack Best arrived at the meeting at 2:16 p.m.
Mayor Jones called for consideration of the following Consent Motions:
1. Approving the purchase of 18,320 feet of copper tubing, size 3/4" and 1}"
to be used by the Water Division from Corpus Christi Pipe and Supply based
on low bid of $11,079.50. Thirteen bid invitations were issued, six bids
were received. Prices have increased approximately 21y from last purchase
of January 1985.
2. Approving the perchase of a 50,000 lb. GVWR cab and chassis from Lindley
International at V45,521.34, and a 3,000 gallon asphalt distributor from
Cooper. Equipment Co. at $48,465.00, based on best bids. The total price
for the complexed unit is $93,986.34 and is included in the 198a-86 Capital.
Outlay -Revenue Sharing. The unit will be used by the Street Division for
seal coating City streets.
3. 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
backfill sand and sandy loam soil to be used by the Park and Recreation,
Gas, Water, and Wastewater Divisions, based on low bid to the following
companies:
A. Southwest Materials B. Wright Materials, Inc.
Backfill Sand Sandy Loam Soil
Total: $22,490 Total: $12,755
GRAND TOTAL: $35,245
Thirteen bid invitations were issued and three bids were received. Prices
have increased approximately t% from last contract of October 1983.
inutes
.egular Council Meeting
August 27, 1985
Page 3
4. 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
approximately 25,000 lbs. of wiping rags to be used by various departments
for cleaning purposes to Goodwill Industries of South Texas based on low of
$.32 per pound. Ten bid invitations were issued, five bids were received.
Prices have decreased from $.40 per pound from last contract of May 1984.
5. Approving plans and specifications and authorizing the receipt of bids for
Howard Street Improvements from 19th Street to the Ben Garza Park boundary
on September 24, 1985. This project is being constructed under the 1982
Street Bond Voluntary Paving Program.
6. Approving the following actions on the Memorial Coliseum Roof Repair
project:
a. A release to the Sechrist-Hall Company be authorized which provides
for an $8,000 settlement for acoustical insulation damage.
b. The project be accepted and remaining funds of $19,802.14 be
authorized to Sechrist-Hall Company.
The total cost of this project was $181,671, which provided for extensive
roofing repairs to Memorial Coliseum as a result of Hurricane Allen.
7. Rejecting the bid submitted by N. C. Ramzel, Inc. for the Memorial Coliseum
Mechanical Room Insulation Removal and Replacement project, and authorizing
the readvertising and receipt of bids for this work on September 25, 1985.
The only bid received for this project exceeds funds available, and
readvertising at a later date may create additional bidder interest.
8. Awarding a contract in the amount of $41,114 to Malek, Inc. for replacement
of the cooling tower at Memorial Coliseum. This is a 1984-85 Revenue
Sharing project.
9. Approving Change Order No. 2 in the amount of $5,798 to the Exposition Hall
Demolition project. The Change Order provides for key -controlled light and
A/C switches, relocation of electric panel and motor starter, heavy-duty
gate, and restroom ceiling material substitution. All items pertain to
maintenance considerations and control of equipment installed in the
present contract. Funds for this work are available in the original.
contingency appropriation for the project.
10. Accepting the Saratoga Fence Relocation project and authorizing final
payment of $4,717.96 to Allied Steel and Wood Fence Company. It is
recommended that the contractor be granted a 4 -day time extension to
supplement the 30 working days allowed in the contract. The Navy recently
dedicated a l0 -foot strip of land along Cabaniss Field for the upcoming
widening of Saratoga Boulevard, and this project provided for the con-
struction of a new fence along the new right-of-way line as a result of the
dedication. The total coast for this work is $25,047.69, of which the Navy
paid $9,428.74 towards the cost of the new fence. (Attachment 118)
Minutes
Regular i'. -u... i.1 Oeet.ing
August
Page 4
11. Accepting the Cart Path Improvements at the Oso Municipal Golf Course and
authorizing final payment to A. Ortiz Construction and Paving, lnc. in the
amount of $36,386.
12. Amending, prior to third reading, the ordinance relative to the closures of
Nemec Street, Hamlett Street and the unnamed street referred to as Green
Street for which a public hearing was held on August 6, 1985, by deleting
the unnamed street (Green Street) from the third and final reading of the
closure ordinance.
13. Accepting the Riverview Trail Street Improvement project and authorizing
finalpayment of $73,546.75 to A. Ortiz Construction & Paving Inc. The
total cost of this 1982 Street Bond Voluntary Paving project is
$142,822.45.
13a. Changing the date for receipt of bids for the new City Hall project from
September 10, 1985, to September 17, 1985.
Council Member .loe McComb stated that he will abstain on item 4 because he
is a member of the Board of the Goodwill Industries of South Texas.
Mayor Jones called for comments from the audience on the Consent Motions.
There were none.
A motion was made by Council Member Guerrero that Consent Motions 1 through
13a be approved, seconded by Council Member Berlanga and passed by the following
vote: Jones, Best, Berlanga, Guerrero, Mendez, Pruet, Slavik and Strong voting,
"Aye" on all of the items; McComb voting, "Aye" on all of the items with the
exception of item 4 on which he abstained.
* * * * * * * * * *
Mayor Jones then called for consideration of the Consent Ordinances and
Ordinances from Previous Meetings on Items 14 through 21.
Mayor Jones referred to Ordinance No. 19 which approves an assignment of
the Nueces Bay Bait Stand lease and asked for an explanation.
City Manager Martin explained that this is a lease that expires in the year
2,000 and it is not unusual to have assignment of leases. He explained that the
new lessee assumes all responsibilities of the original lessee.
Mayor Jones called for comments from the audience on these ordinances and
there was no response.
City Secretary Chapa polled the Council for their votes and the following
ordinances were passed:
Lnutes
_egular Council Meeting
August 27, 1985
Page 5
14. ORDINANCE N0. 18989:
AMENDING ORDINANCE NO. 18729 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE
FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS:
River View Trail, from Smith Drive to River Forest Drive;
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. 18990:
APPROVING A RESOLUTION BY THE CORPUS CHRISTI INDUSTRIAL DEVELOPMENT
CORPORATION AUTHORIZING THE EXECUTION OF AN I-37 GULF LIMITED CONSENT
AGREEMENT AND OTHER MATTERS RELATED THERETO; 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. 18991:
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE REPLACEMENT OF THE KINGSBURY
STREET BRIDGE; APPROPRIATING $5,800; 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".
17. ORDINANCE NO. 18992:
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE CONTRACT WITH ETHERIDGE
AND WEBB ENGINEERS, INC. FOR ENGINEERING CONSULTANT WORK ON THE RELOCATION
OF WATER LINES ON I.H. 37 BETWEEN THE MISSOURI -PACIFIC OVERPASS AND
SHARPSBURG ROAD, PREVIOUSLY AUTHORIZED BY PASSAGE OF ORDINANCE 18062 DATED
FEBRUARY 1, 1984, WHICH AMENDMENT PROVIDES FOR ADDITIONAL ENGINEERING
CONSULTANT FEES RELATED TO CHANGE ORDER NO. 1, PERTAINING TO THE RELOCATION
OF A 12 INCH MUD LINE; APPROPRIATING $84,463; 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".
Minutes
Regular Council Meeting
August 27, 1985
Page 6
18. ORDINANCE NO, 18993:
AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2 TO THE CONTRACT WITH
COTTEN-LANDRETH ARCHITECTS FOR DESIGN AND ENGINEERING WORK ON THE WEST
CONCOURSE EXTENSION AND HOLDROOM AT CORPUS CHRISTI INTERNATIONAL AIRPORT TO
PROVIDE FOR AN EXPANDED SCOPE OF WORK AND ADDITIONAL ARCHITECTURAL FEES;
APPROPRIATING $68,098; 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 FIRST READING:
CONSENTING TO THE ASSIGNMENT OF THE NUECES BAY BAITSTAND LEASE FROM CHARLES
M. HARRIS TO KENNETH SCHENA.
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".
20. THIRD READING - ORDINANCE NO. 18994:
CLOSING AND ABANDONING APPROXIMATELY 100 FEET OF NEMEC STREET AT THE
HAMLETT DRIVE INTERSECTION, ANI) A 350 FOOT LONG PORTION OF UNOPENED 30 FOOT
WIDE HAMLETT DRIVE, FROM NEMEC STREET TO SOUTH PADRE ISLAND DRIVE, SUBJECT
TO PROVISIONS LISTED BELOW.
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".
21. THIRD READING - ORDINANCE NO. 18995:
AMENDING CHAPTER 53, TRAFFIC, SECTION 53-252, SCHEDULE III - PARKING
PROHIBITED AT ALL TIMES ON CERTAIN STREETS; 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 Motions from the Regular Agenda on
the following items:
22. Approving the recommendation of the Library Board that the new central
library be named the Corpus Christi Public Library.
Minutes
Regular Council Meeting
August 27, 1985
Page 7
Council Member Berlanga stated that he is not in favor of changing the name
of the library, but he would like to have the opinion of the La Retama Club.
Mayor Jones invited those in the audience who wished to speak on this
subject, stating that each presentation would be limited to three minutes.
Ms. Margaret Ramage, Acting Chairman of the Nueces County Historical
Commission, stated that they want the name La Retama Library retained because of
its historical significance. Ms. Ramage explained her reasons by reading a poem
which indicated that they felt it would be expensive to change stationery,
directories, telephone books, etc., and that this would be a suitable tribute to
those ladies who had started the library. She suggested the name, La Retama
Central Library. Ms. Ramage stated that she is speaking for Kathy Boyd,
President of the Nueces County Historical Commission.
Mr. Ed Williams, 420 Dolphin, suggested approvalof the name La Retama
Public Library rather than Corpus Christi Public Library.
Mrs. Clay Caldwell addressed the Council on behalf of the La Retama Club.
She stated that she is also a member of the Library Board and they are of the
opinion that the name should be changed to Corpus Christi Public Library. She
assured the Council that they are very proud of the heritage of the name La
Retama but they understand the reason for the name change at this time because
they are forward-looking people. She informed the Council that the Club
consists of twenty-eight members and only three disagreed to the change of name.
She explained that the others were satisfied with the name change because there
are plans to name a section of the library La Retama and also, a vest pocket
park in the vicinity of the existing building.
Mrs. Reba Gregg spoke in favor of retaining the name La Retama, noting that
at the time the library was taken over by the City in 1927, there was an
agreement that the name La Retama would be retained. She objected to the
change proposed by a new City Staff member.
Mrs. Alicia Gallegos -Gomez spoke in favor of renaming the facility Corpus
Christi Public Library. She explained that after they reviewed the deed, there
was no deed restriction prohibiting the name change and the building on which it
is located now has no historic significance at all. She stated that the La
Retama Club has worked very hard for the library and continues to do so but
reminded the Council that the funds for the new library emanated from bonds
approved by the citizens of Corpus Christi and in her opinion, those citizens
should be honored.
Mrs. Florence McBride informed the Councilthat her grandmother was a
member of the original group but she did not think that she would have any
objection to changing the name.
Minutes
Regular Council Meeting
August 27, 1985
Page 8
Mrs. Beverly Watson, 203 Jackson Street, stated that she is in uncertain
about the name change because she was opposed to it at one time, but as an
institution representing this area, she felt that the City's name should be
included in the name of the building. She indicated that she concurred with the
recommendation of the Library Board.
Mrs. Deidre Norton explained that the Library Board's position is that the
name should be changed. to Corpus Christi Public Library even though they are
well aware of the many contributions made by the La Retama Club. She informed
the Council that it is a slight disadvantage not to have the name of the City
included in the title of the main library.
Mayor Pre Tem Best suggested that the name be changed to Corpus Christi La
Retama Public Library which should make everyone happy.
Mrs. Norton stated that she could not speak for all of the Board, but they
have studied this issue for some time and voted to change the name to Corpus
Christi Public Library.
Mrs. Patty Mueller, 206 Indiana, stated that she is in favor of the name
change because the name La Retama has created some confusion in identifying this
as a Corpus Christi Library.
Mrs. Guy Warren, 4920 Ocean Drive, stated that she has been a member of La
Retama Club and also on the Library Board. She explained the meaning of La
Retama which is a very graceful tree with lovely flowers. She urged that the
name, La Retama, be retained.
A motion was made by Mayor Pro Tem Best that the name of the new library be
changed to Corpus Christi La Retama Public Library.
The motion was seconded by Council Member Guerrero.
Council Member McComb expressed the opinion that the Council needs to look
forward to the future but he also felt even more strongly that the Council
should remember the contribution made by the young ladies who established the
City's very first library. He stated that he will vote against the motion
because he prefers the name La Retama Public Library.
Council Member Slavik inquired of the Director of Libraries if the entire
name would be cumbersome.
Mr. Herbert Canales, Director of the Library, stated that it will be a very
long sign to be placed on the building and it will take up quite a bit of space
on letterhead but if the Council decided on that name, any problems could be
resolved.
Council Member Berlanga indicated that he supported the name La Retama
because he felt that Corpus Christi La Retama Public Library would be too long.
Minutes
.regular Council Meeting
August 27, 1985
Page 9
Council Member Guerrero then withdrew his second to Dr. Best's motion.
Mayor Pro Tem Best's motion was then seconded by Council Member Slavik.
Council Member Guerrero then offered a friendly amendment to the motion to
delete the portion of the name "Corpus Christi" which would make the name La
Retama Public Library.
The motion was seconded by Council Member McComb and failed to pass by the
following vote: Berlanga, Guerrero, McComb and Pruet voting, "Aye"; Jones,
Best, Mendez, Slavik and Strong voting, "No".
Mayor Jones called for the vote on the motion to name the facility Corpus
Christi La Retama Public Library.
This motion failed to pass by the following vote: Best and Slavik voting,
"Aye"; Jones, Berlanga, Guerrero, McComb, Mendez, Pruet and Strong voting, "No".
Council Member Guerrero then made a motion to name the facility La Retama
Public Library.
This motion was seconded by Council Member McComb.
Council Member Mendez then made a motion to change the name of the facility
to Corpus Christi Public Library.
Mayor Jones ruled that this motion was not in order since a previous motion
was still on the floor.
Mayor Jones called for the vote on the motion to name the facility La
Retama Public Library.
It failed to pass by the following vote: Best, Berlanga, Guerrero and
McComb voting, "Aye"; Jones, Mendez, Pruet, Slavik and Strong voting, "No".
A motion was then made by Council Member Mendez that the Council concur with
the recommendation of the Library Board and name the facility Corpus Christi
Public Library.
The motion was seconded by Council Member Strong and passed by the
following vote: Jones, Mendez, Pruet, Slavik and Strong voting, "Aye"; Best,
Berlanga, Guerrero and McComb voting, "No".
The library was named Corpus Christi Public Library.
A motion was then made by Council Member McComb that the name just adopted
shall forever be Corpus Christi Public Library and that it not be changed in the
future.
Minutes
Regular Council Meeting
August 27, 1985
Page 10
The motion was seconded by Council Member Pruet and passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Strong voting,
"Aye"; Slavik voting, "No".
23. Authorizing the City Manager, or his designee, to close Park Avenue and the
municipal parking lot south of the Memorial Coliseum between 8:00 a.m.,
September 12, 1985, through 12:00 noon, September 16, 1985, so that the
Mexican Unity Council may sponsor Feria Hispanica from 5:00 p.m., September
13, 1985, to 10:00 p.m., September 15, 1985, and granting exclusive use of
the said closed areas. The Park and Recreation Board concurred with the
provisions of the draft contract at their regular August meeting.
Mayor Jones called for comments from the audience on this item.
Mr. Ray Madrigal, 3002 Churchill, stated that the Mexican Unity Council
would like to have the Council's support in changing the site of the Feria
Hispanica.
A motion was made by Council Member Guerrero that the foregoing item he
approved, seconded by Council Member McComb and passed unanimously.
24. Authorizing the City Manager, or his designee, to allow the Muscular
Dystrophy Association, KITE Radio Station and Williams Wholesalers to
sponsor a Gumbo Cook -off on the People's Street T -Head, Saturday, August
31, 1985, from 3:00 p.m. to 8:00 p.m., with proceeds to go to the Muscular
Dystrophy Association. The Park and Recreation Board gave their approval
for the event at their regular August meeting.
There were no comments from the Council or the audience on this item.
A motion was made by Council Member Guerrero that item 24 be approved,
seconded by Mayor Pro Tem Best and passed unanimously.
* * * * * * * * *
Mayor Jones announced the public hearing on the following:
25. Contractual annexation of a 5.64 acre tract of land out of Lots 23 and 24,
Section 5, Flour Bluff and Encinal Farm and Garden Tracts, owned by Second
Baptist Church.
In a related matter, Mayor Jones inquired if the Staff had given any
consideration to conducting an annexation election.
.4inutes
Regular Council Meeting
August 27, 1985
Page 11
City Manager Martin stated that they have been considering it, particularly
since Corpus Christi '90 recommended annexation by ordinance. He explained that
there were some areas undeveloped at the time Padre Isles Area was annexed;
those areas should be annexed; and discussion has been conducted on the possible
annexation of Mustang Island.
In a return to the public hearing, Mr. Larry Wenger, Director of Planning,
located the area on a transparency, noting that it is located on Timbergate
Drive.
No one spoke in regard to this contractual annexation.
A motion was made by Mayor Pro Tem Best that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
City Secretary Chapa polled the Council for their votes on the first
reading of the contract for the annexation.
The following ordinance passed:
25. FIRST READING:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN
THE CITY OF CORPUS CHRISTI AND SECOND BAPTIST CHURCH FOR THE ANNEXATION OF
APPROXIMATELY 5.64 ACRES OF LAND OUT OF LOTS 23 AND 24, SECTION 5, FLOUR
BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS; FINDING ALL
OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF
THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT
THERETO; PROVIDING FOR SEVERABILITY.
The ordinance was read for the first time and passed to its second reading
by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez and
Pruet voting, "Aye"; Slavik and Strong, absent at the time the vote was
taken.
Mayor Jones announced the public hearing on one zoning application.
26. Zoning Application 11785-13, Mr. Ismael C. Diaz: For a change in zoning
from 'R -1B" One -family Dwelling District to "1-2" Light Industrial District
on Lots 3 and 4, Block 13, Patrick Webb Addition and a 0.048± irregularly
shaped tract out of the Marguerite Street right-of-way, located on the
north side of Marguerite Street, approximately 50' west of 21st Street.
Assistant City Manager Tom Utter informed the Council that in response to
the sixteen notices of the public hearing, three in favor and four in
opposition, plus one outside the 200 -foot area of notification in opposition had
been received. He stated that the Planning Commission recommends approval but
the Planning Staff recommends denial.
Minutes
Regular Council Meeting
August 27, 1985
Page 12
Mr. Wenger located the area on the zoning and land use map, explaining that
in 1942, the zoning at that time allowed the type of use in existence; in 1948
the zoning was changed to "A-2" which allowed this operation to continue as a
nonconforming use. He described the land use in the surrounding area and
displayed slides of the vicinity.
Mayor Jones invited the applicant to speak.
Mr. Toufic Nicholas, representing Mr. Diaz, explained that his client and
his father have owned this property since 1942 and the zoning at the time this
business was established was appropriate. He explained that the only reason
they are now requesting a change of zoning is because Mr. Diaz applied for a
CDBG loan; the Staff discovered the use on this property was nonconforming and
for that reason the loan could not be granted.
Mr. Nicholas continued by stating that two property owners expressed
opposition at the Planning Commission hearing but they do not own the two lots
in between the subject property. He expressed the opinion that the ladies
should be glad that improvements are planned for this property which will make
them a better neighbor.
Mr. Ismael C. Diaz, the property owner, stated that he has received
approval of the rehabilitation loan provided this zoning change is granted. He
explained that they plan to install more cement at the rear of the property to
provide better working conditions and better paved parking.
Council Member Berlanga pointed out that this business has been operated as
a nonconforming use for some time; the business will not be moved; and he felt
that the zoning should be changed so that the loan for improvements could he
obtained.
Council Member Mendez pointed out that the City has been trying to improve
the zoning in this area and he felt it was usually a mistake to change zoning
from "R -IB" to "I-2"; however, in this case, it might be reasonable to do so
since the loan will allow the owner to improve this property. He suggested that
the Council consider granting a special permit. He inquired of the Staff why a
CDBG loan cannot be granted for a business that is nonconforming.
Mr. Utter explained that the loan program is sponsored by the Agnes/Laredo
Project and stated that to his knowledge, there is nothing to prohibit a loan
for property that is nonconforming and if all Mr. Diaz wants to do is upgrade
the existing facility, then in his opinion, there is no reason to refuse to
grant the loan regardless of the zoning. He suggested that a special permit
might be in order worked out by the Planning Department, the Housing and
Community Development Department and the applicant.
Mr. Diaz stated that he would accept a special permit.
inures
Regular Council Meeting
August 27, 1985
Page 13
Mrs. G. K. Ramon stated that she owns a house directly across from this
property; it is rented now but she plans to move back to the house; and the
neighbors are unhappy about the business that is in existence on the subject
property. She expressed the opinion that this type of business is inappropriate
for that area.
Council Member Mendez stated that he felt that the City should examine this
from a health aspect and he thought that a special permit might require proper
drainage and other improvements.
Mrs. Felipe Robles stated that she lives behind the subject property and in
her opinion, no matter what kind of improvements Mr. Diaz makes, there will
still be garbage there. She objected to the garbage trucks next to her home.
Mayor Jones expressed the opinion that something could be done about the
business if it constitutes a health hazard.
Mr. Nicholas stated that the applicant has been in the disposal business
since 1942.
Mr. Diaz explained his operation by stating that he has seven vehicles;
they are parked at the rear of the property; there is a high density light and a
guard dog on the property; they collect commercial refuse which is disposed of
in the local sanitary landfill. He explained that after they complete the day's
work, they wash out the trucks at the landfill before they bring them to this
location. He stated that they wash only the exterior of the trucks at this site
and there should not be any odors involved.
A motion was made by Council Member Mendez that the requested zoning of
"I-2" be denied but in lieu thereof, that a special permit for a continued use
of the property for a disposal company be approved subject to the submission of
an approved site plan.
The motion was seconded by Council Member Pruet.
A motion was made by Council Member McComb that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
The motion to approve a special permit passed unanimously.
Mayor Jones called for consideration of a resolution supporting the concept
of establishing family—home facilities for disabled persons within the community
but urging the Nueces County Commissioners Court to withhold approval of the
project currently proposed by MHMR until alternatives have been explored which
will increase community acceptance of such facilities.
Minutes
Regular Council Meeting
August 27, 1985
Page 14
Council Member McComb explained to the audience that he had suggested the
resolution because of several meetings he had attended with residents of the
neighborhoods involved. He stated that the residents were concerned and he felt
that further information should be provided to the neighborhood residents. He
then read the resolution in its entirety.
A motion was made by Council Member McComb that the resolution be adopted.
The motion was seconded by Mayor Pro Tem Best.
Council Member Mendez stated that one of the concerns of the City Council
is the legislation that was passed at the State level because with this
resolution, the City is dealing with things other than what was passed by the
State. He expressed the opinion that the City Council should not suggest that
the County Commissioners withhold their approval of purchase of the houses. He
pointed out that if the Council does not agree with the legislation, attempts
should be made to have the legislation changed.
Council Member Slavikrequested a copy of the Minutes of the MHMR Board
Meeting at which they approved the expenditure of funds for the acquisition of
the four houses. She stated that she has a problem with the purchase of these
properties by an organization such as MHMR because they will be removed from the
tax roll.
Council Member Guerrero expressed opposition to the passage of the
resolution, stating that he believes that the City should not become involved in
this matter because they have no jurisdiction over the proposed plan. He stated
that he felt that it shows discrimination against the handicapped, and since the
City Council does not have a resolution to resolve the matter, they should not
become involved in it.
Mayor Pro Tem Best noted that the Council had requested the Staff to
prepare the resolution and he thought it was a good one. He stated that he
agreed that it was a mistake for the Legislature to infringe upon the rights of
the cities by removing their regulations for zoning.
Council Member Strong suggested rewording the caption of the resolution and
Section 2 so that the City will not be in the position of urging the County
Commissioners not to approve the plan to purchase the houses. She suggested
that the wording be changed to reflect that the Council is asking the County
Commissioners to explore all alternate methods available to MHMR which would
increase community acceptance of such facilities. She then made a motion to
amend the resolution to include those changes.
The motion was seconded by Council Member Slavik.
Council Member Slavik stated that this is just an opinion of the City
Council and it is what the Commissioners Court requested from them.
Minutes
Regular Council Meeting
August 27, 1985
Page 15
Mayor Jones indicated that he would support the resolution as amended.
City Manager Martin stated that he would like to make the members of the
audience aware of the City's legal position in this matter. He explained that
the City and Nueces County are the sponsoring agencies of MHMR and one of the
conditions of the agreement was that all acquisition of property shall be
approved by the sponsoring agencies. He explained that in 1979, the agreement
was amended to indicate that Nueces County Commissioners Court would make the
decisions in regard to MHMR and because of that provision, the County is the
body to make that decision in regard to the acquisition of property.
Mr. Martin further explained that the State legislation referred to by
Council Member Mendez provides that family homes with up to six clients and six
supervisory personnel are designed to be residential uses in the entire State of
Texas. He noted that this is in contradiction to the City's zoning ordinance.
He emphasized the fact that any action the City Council takes would be an
advisory action only.
Mt. Robert Tamez, President of the Board of Trustees of MHMR, stated that
he would not accept any responsibility for the criticism that is being levied
against MHMR to the effect that they have tried to arrange for the purchase of
the homes in a surreptitious manner. He stated that they are just complying
with the State law recently passed. He expressed the opinion that the
individuals in the program would benefit a great deal by residing in a nice
neighborhood and he did not see that there would be any detrimental effect on
the neighborhood selected. He urged that if the Council could not support this,
at least they not oppose it.
Mrs. Frances McGonagill, 4214 Dody, urged that the Council pass the
resolution because she felt that it was important that the Council's opinion of
the plan be made known.
Council Member Strong asked the Staff to inform the Council of the zoning
limits in "R -1B" prior to the State legislation that was passed.
City Manager Martin explained that "R-lB" allows four unrelated people to
reside in a house, but in compliance with the State legislation, this would
allow six unrelated people and in addition, several counselors to live in one
house. He stated that he is very concerned about the State changing the zoning
regulations in this City's ordinances because this is in violation of the City's
homerule type of government.
Mrs. Dorothy Ocker, 4430 Dody Street, stated that her house is directly
next door to the property being considered for MHMR facility family in their
neighborhood but she is concerned about the devaluation of their property and
about future use of these homes if they are purchased for this purpose.
Minutes
Regular Council Meeting
August 27, 1985
Page 16
Mrs. Maxine Clanton, 562 Parade Drive, stated that since they learned that
MHMR plan to purchase more than one home in her neighborhood, she has hecomed
totally involved in this program. She expressed appreciation to the Staff for
their work on this and expressed the opinion that the State legislation should
be repealed. She stated that they support MHMR and they are not insensitive to
the needs of the handicapped, but she was of the opinion that the neighborhoods
in which the homes are going to be located deserve to have more information.
Mr. Paul Earls, 4433 Dolphin, called on the City Council to support the
efforts of MHMR to help these people. He stated that the handicapped children
face tremendous problems; MHMR does everything possible to help them survive;
and he felt that they have the right to a good life which could be provided by
allowing them to live in a normal neighborhood. He stated that he lives near
the Dody Street house and he is not opposed to the use of a house in his
neighborhood.
Mr. Roger Bateman, 401 Cape Cod, Member of the State Board of MHMR,
explained that the State had given Nueces County MHMR Board funding for this
project. Be provided background information in regard to the homes stating that
there are 6,000 homes like this all over the United States. He explained that
the concept is to take the mildly retarded and place them in a family -type
living situation instead of an institutional type of atmosphere so that they can
he self-supporting and useful citizens. Mr. Bateman continued by stating that
the local MHMR Organization is under Court order to do this very thing --
purchase homes for the establishment of the home -type atmosphere. He stated
that this type of situation has been studied in other cities and there is no
indication that there has been a detrimental effect on the taxes or valuations
of other homes in the area. He assured the Council and the members of the
audience that there is no danger from the retarded and they are generally very
good neighbors. He reminded the Council that there are various levels of mental.
retardation and the ones to be placed in the homes are those who can learn a
trade and become independent. He reiterated that MHMR is currently under Court
order to move individuals into the community settings; they are also under a
timetable and a quota to accomplish this. He explained that the usual thing
that occurs is that once the facility is in operation, acceptance by the
neighbors is very high. He stated that they have not rushed into this but the
order from the State was received the preceding week. He then read a ruling of
the Supreme Court on this subject and informed the Council that these events are
going to occur regardless of whether the City Council passes a resolution or
not. He reiterated that this program really works and it will save millions of
dollars in taxpayer funds because the residents can become self-supporting
individuals.
Mr. Leonard Vaden, 4626 Dody, stated that they are not being
discriminatory, it is simply that they have a fear of the unknown and the fear
for children in their neighborhood walking by the home. He stated that they are
also concerned about future uses of that property. He requested that the City
Council pass the resolution as planned.
Minutes
Regular Council Meeting
August 27, 1985
Page 17
Further discussion followed between Council Members and Mr. Bateman.
Council Member Slavik noted that guidelines for the type of residences
being purchased has not been adopted yet and she felt it was premature to
purchase the houses at this time.
Mr. Bateman pointed out that the legislation takes effect September 1, 1985.
and the guidelines are included in that legislation.
Council Member Berlanga expressed the opinion that the resolution should be
directed to the State Legislature because the homerule rights have been violated
in this City in regard to the dictates of our zoning ordinance. He expressed
the opinion that passing the resolution as it is written will not really change
anything.
Council Member Guerrero explained the reason the Commissioners delayed this
for one week was to buy time because the issue is not a popular one. He
commented that the only time Nueces County officials ask for the City's opinion
is when they are looking for a way out and he suggested that the resolution not
be passed.
Mayor Jones called for the vote on the motion made by Council Member Strong
to amend the resolution to change the heading and Section 2 as explained
earlier.
The motion passed as follows: Jones, Best, McComb, Mendez, Pruet, Slavik
and Strong voting, "Aye"; Berlanga and Guerrero voting, "No".
City Secretary Chapa polled the Council for their vote on the resolution
and it passed as follows:
RESOLUTION NO. 18996:
SUPPORTING THE CONCEPT OF ESTABLISHING FAMILY HOME SETTINGS FOR DISABLED
PERSONS WITHIN THE COMMUNITY, BUT URGING THE NUECES COUNTY COMMISSIONERS
COURT TO EXPLORE ALL ALTERNATE METHODS AVAILABLE TO MH -MR WHICH WOULD
INCREASE COMMUNITY ACCEPTANCE OF SUCH FACILITIES; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the resolution passed by the following
vote: Jones, Best, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye";
Berlanga and Guerrero voting, "No".
* * * * * * * * * *
City Manager Martin explained that next week, the Council Workshop is
scheduled to deal with the target objectives of the Corpus Christi '90
recommendation. He informed the Council that the Staff has prepared a workbook
to be utilized to indicate how they plan to approve the recommendations. He
stated that the Staff has listed twelve that they endorse as recommended; twelve
that they have endorsed in concept; ten, to be held for additional information
and study; and two, to be rejected as being inappropriate.
Minutes
Regular Council Meeting
August 27, 1985
Page 18
Mayor Jones called for comments from the audience on items not listed on
the agenda.
Mrs. Henrietta Newbury expressed appreciation to the Council for what they
have done today and for their attendance at the neighborhood meetings pertaining
to the MHMR homes to be established. She expressed distress at the opinions of
some of the neighbors at the neighborhood meetings concerning the homes to be
established in the City, noting that they expressed very hostile behavior to the
plan. She agreed that the people in Corpus Christi need to he educated about
the mentally retarded.
Mr. Bateman addressed the Council again and stated that he was and is
concerned about the instructions to the County Commissioners to find
alternatives. He reiterated that the Court order was very definite in its
instructions and the County Commissioners cannot do anything but obey the law.
Mrs. Frances McGonagill spoke again expressing their opposition to the MHMR
plan.
There being no further business to come before the Council, on motion by
Council Member McComb, seconded by Council Member Strong and passed unanimously,
the meeting was adjourned at 5:25 p.m., August 27, 1985.
* * * * * * * * * *
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