HomeMy WebLinkAboutMinutes City Council - 09/03/1985MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
SEPTEMBER 3, 1985
2:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Dr. Jack Best
Council Members:
David Berlanga, Sr. City Manager Edward A. Martin
* Leo Guerrero City Attorney J. Bruce Aycock
Joe McComb City Secretary Armando Chapa
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Constance Plomarity, following which the Pledge
of Allegiance to the Flag of the United States was led by Mayor Pro Tem Dr. Jack
Best.
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.
Mayor Jones called for presentations.
City Manager Edward A. Martin explained a program he had initiated by which
awards for outstanding productivity by City employees are made. In regard to
the awards to be made today, Mr. Martin referred to the concerns by the City
Council about the policing activity of illegal action and behavior problems in
the Northside business area of the City. He stated that two police sergeants
were assigned to the HIALCO Area and their performance was such that many people
felt that they should be recognized for their outstanding performance of duties.
He stated that the two to be honored today are Sergeant L. Shaw and Sergeant P.
L. Arnal.
MICROFILMED
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Regular Council Meeting
September 3, 1985
Page 2
Chief Bill Banner of the Police Department explained that these sergeants
were assigned to the HIALCO Area and during that period of time, they
accomplished innumerable arrests and confiscated a large amount of illegal
drugs. He stated that he and other police officers were of the opinion that the
performances of these two sergeants were outstanding and that they were very
deserving of special awards.
Council Member Mendez commented on the number of improvements being
effected in the Northside business area by the City Staff.
Mayor Jones noted that the items on the morning Workshop Agenda had not
been completed and inquired if the Council wished to consider appointments to
Boards and Committees.
A motion was made by Council Member David Berlanga, Sr. that the Board and
Committee appointments be delayed until next week, seconded by Council Member
Linda Strong and passed unanimously.
* * * * * * * * * *
Mayor Jones called for consideration of the following Consent Motions:
1. Approval of specifications and authorization to receive bids September 25,
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
elevator maintenance service at City Hall, Library, Airport, Police,
Health, Convention Center, Weber Building and Maintenance Services.
Estimated annual expenditure is $15,000.
2. Approval of specifications and authorization to receive bids September 25,
1985, for a twelve month supply agreement, with an option to extend for an
additional twelve months, with the same terms and conditions subject to the
approval of the seller and the City Manager, or his designee, for
approximately 1,949 natural gas service regulators to be used by the Gas
Division. Estimated annual expenditure is $34,000.
3. Approving the purchase of seven refuse trucks for the Sanitation Division,
on the basis of low bid meeting specifications, as follows:
a. Lindley International Trucks, Inc.
Corpus Christi, Texas
7 ea. Cab & Chassis @ $38,745
Total: $271,215
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b. Specialty Truck & Equipment Co.
San Antonio, Texas
7 ea. Refuse Bodies @ $17,985
Total: $125,895
GRAND TOTAL: $397,110
This item is included in the 1985-86 Capital Outlay Budget.
In response to Council Member Slavik's question in regard to Item 3, City
Manager Martin informed her that primarily, the trucks to be purchased are
replacement vehicles but the City Staff does plan to add an additional crew in
the Sanitation Department towards the end of the fiscal year.
4. Approving a contract with Corpus Christi/Nueces County Keep America
Beautiful, Inc., in the amount of $15,000 for the period August 1, 1985,
through July 31, 1986, for a litter abatement program.
5. Adopting the Minimum Standards for Commercial Aeronautical Activities at
the Airport to provide guidelines for the safe, efficient and orderly
growth of the Airport and the availability of Airport property on fair and
equitable terms.
6. A public hearing be scheduled for September 24, 1985, on the establishment
of the route for Mustang Trail from South Staples Street to McArdle Road.
Several boards and commissions as well as the City Council have reviewed
various alternatives for the Mustang Trail route in past months. The
intent of setting the public hearing is to determine the route in order to
initiate the acquisition of the various parcels of land required for this
1982 bond project.
In reference to Item 6, Mayor Jones inquired if this is necessary even
though it is not likely that an overpass will be installed over South Padre
Island Drive.
City Manager Martin explained that it is necessary because there are three
phases of this extension. He informed the Council that the bond program
included the establishment of Mustang Trail from McArdle to Staples; the next
phase will be McArdle to South Padre Island Drive; and the third phase would be
to go over or under South Padre Island Drive.
Mayor Jones called for comments from the audience on the Consent Motions.
There were none.
* Council Member Leo Guerrero arrived at the meeting at 2:30 p.m.
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Regular Council Meeting
September 3, 1985
Page 4
A motion was made by Council Member Slavik that Consent Motions 1 through 6
be approved, seconded by Council Member Mendez and passed unanimously.
* * * * * * * * * * *
Mayor Jones called for the Consent Ordinances and Ordinances from Previous
Meetings on Items 7 through 14.
In reference to Ordinance No. 7 which increases filing fees for plats,
Mayor Jones inquired if these are strictly for the processing of the plats, and
City Manager Martin replied in the affirmative, explaining that it does not
include the per acreage fees for sewer, water, etc.
Mayor Jones called for comments from the audience on the Consent
Ordinances.
Mr. David Hughes, representing the applicant who has requested the
abandonment of a ten -foot wide public walk abutting Lots 12 and 13 and Lots 38
and 39 of Block 6, Koolside Addition (Ordinance No. 10), explained that the
applicant just needs to have the public walk right-of-way abandoned on Lot 13.
There were no further comments from the audience; City Secretary Chapa
polled the Council for their votes; and the following ordinances passed:
7. ORDINANCE NO. 18997:
AMENDING THE PLATTING ORDINANCE NO. 4168, SECTION III, PROCEDURES,
SUBSECTION C, FILING FEES, TO INCREASE THE CURRENT PLAT FILING FEES 25
PERCENT FOR NONPUBLIC AND PUBLIC NOTICE PLATS AND 40 PERCENT FOR CORRECTION
PLATS; 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".
8. ORDINANCE NO. 18998:
AMENDING ORDINANCE NO. 18925 PASSED ON JULY 16, 1985 TO SUSPEND THE
OPERATION OF CENTRAL POWER AND LIGHT COMPANY'S PROPOSED ELECTRIC RATES FOR
NINETY (90) DAYS BEYOND THE PROPOSED EFFECTIVE DATE FOR SUCH RATES; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye".
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9. ORDINANCE NO. 18999:
AUTHORIZING THE EXECUTION OF A CONTRACT WITH J. H. CHAPMAN CONSTRUCTION
COMPANY FOR CONSTRUCTION OF AN APPROXIMATE 3700 SQUARE FOOT RECREATION
BUILDING WITH CONCESSION FACILITY AND PARKING IMPROVEMENTS IN PARKER PARK;
APPROPRIATING AN ADDITIONAL $45,247; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye".
10. ORDINANCE NO. 18900:
CLOSING AND ABANDONING THE 10 -FOOT WIDE PUBLIC WALK EASEMENT IN BLOCK 6,
KOOLSIDE ADDITION, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye".
11. ORDINANCE NO. 18901:
CLOSING AND ABANDONING THE 10 -FOOT WIDE UTILITY EASEMENTS ALONG THE
NORTHWESTERN LOT LINES OF LOTS 5 AND 6, BLOCK 2, THE ESPLANADE SUBDIVISION,
SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye".
12. FIRST READING:
AUTHORIZING THE EXECUTION OF LEASE AGREEMENT WITH THE PADRE LITTLE LEAGUE
FOR A TWO YEAR TERM FOR A 700' X 320' TRACT OR PARCEL OUT OF THE HOLLY ROAD
RESERVOIR FOR A RECREATIONAL AREA, FOR ITS LITTLE LEAGUE PROGRAM, WITH THE
LEAGUE PROVIDING ADEQUATE SECURITY, MAINTENANCE, AND INSURANCE.
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".
13. SECOND READING:
CONSENTING TO THE ASSIGNMENT OF THE NUECES BAY BAIT STAND LEASE FROM CHARLES
M. HARRIS TO KENNETH SCHENA.
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Regular Council Meeting
September 3, 1985
Page 6
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".
14. SECOND 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 second time and passed to its third reading
by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez,
Pruet, Slavik and Strong voting, "Aye".
Mayor Jones called for consideration of the following motion from the
Regular Agenda.
15. Approving an Agreement of Understanding between the City of Corpus Christi,
its Consultant, Urban Engineering, and the contractor, Basic Constructors,
Inc., regarding repairs to the mixing and aeration basins at the Flour
Bluff Wastewater Treatment Plant. The contractor and engineer will repair
the walls of the mixing and aeration basins at no cost to the City.
Repairs will be in accordance with the recommendation of B. J. Osborne,
Structural Consultant and Dr. Michael Kreger of the University of Texas.
City Manager Martin explained the necessity for corrections to the mixing
basin and aeration basin walls at the Laguna Madre Wastewater Treatment Plant in
Flour Bluff. He informed the Council that the Staff was of the opinion that
additional expertise was needed before remedial action was recommended and Dr.
Michael Kreger, a Structural Concrete Professor at the University of Texas in
Austin, was engaged to review the report. Dr. Kreger had recommended that the
support wall for the south wall be built 9} feet high rather than 7 feet and
recommended that all cracks be pressure grouted with epoxy to prevent severe
corrosion problems in the future. Mr. Martin explained that the Staff
recommends the approval of these changes to put the plant in proper operation.
Mayor Jones inquired if inspections are made to be sure that the
construction is in compliance with the specifications.
Assistant City Manager James K. Lontos stated that they do have someone to
make sure that the work is in accordance with the Code and on this particular
job, Urban Engineering had some responsibility for the error even though they
had an inspector on duty at the site. He stated that Urban Engineering has
agreed to make the repairs.
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Council Member Slavik inquired about payment for services of the professors
who prepared the study, and Mr. Lontos replied that the City paid this fee.
Council Member Slavik inquired if Basic Constructors Company has performed
other work for the City.
Mr. Lontos stated that they performed the work at the Flour Bluff Plant and
they are working on the Allison Wastewater Treatment Plant. He stated that they
seem to be one of the better contractors for this type of work and they have
been very cooperative with the City Staff. He assured the Council that this is
the first problem experienced with this company.
There were no comments from the audience on this item.
A motion was made by Council Member Mendez that Motion No. 15 be approved,
seconded by Council. Member Pruet and passed unanimously.
A motion was made by Council Member Guerrero that the Council Meeting be
recessed at 2:45 p.m,
The motion was seconded by Council Member McComb and passed unanimously.
* * * * * * * * * *
Mayor Jones reconvened the Regular Council Meeting at 3:05 p.m. and
announced the public hearings on four zoning applications.
16. Application. No. 785-2, Mr. William L. Murray: For a change of zoning from
"A-1" Apartment House District to "B-1" Neighborhood Business District on
Lot 29, Block 2, Willowood Unit 1, located on the west side of Violet Road,
approximately 100' south of Willowood Creek Drive.
Assistant City Manager Tom Utter informed the Council that in response to
the thirty notices of the public hearing, one in favor and eight in opposition
had been returned. He stated that both the Planning Commission and Planning
Staff recommend denial of the "8-1" zoning but in lieu thereof, that zoning of
"A -1A" be approved. He informed the Council that the applicant has agreed to
that recommendation.
Mr. George Schuman, of Enchanted Harbor, stated that the zoning of "A -1A"
is acceptable to the applicant.
No one else spoke in regard to this zoning application.
A motion was made by Council Member Mendez that the hearing be closed,
seconded by Mayor Pro Tem Best and passed unanimously.
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Regular Council Meeting
September 3, 1985
Page 8
City Secretary Chapa polled the Council for their vote on the ordinance
effecting the zoning change and the following passed:
16. ORDINANCE NO. 19002:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF WILLIAM L. MURRAY BY
CHANGING THE ZONING MAP IN REFERENCE TO LOT 29, BLOCK 2, WILLOWOOD UNIT 1
FROM "A-1" APARTMENT HOUSE DISTRICT TO "A -1A" APARTMENT HOUSE DISTRICT; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye".
17. Application No. 785-10, Mr. Marco T. Eugenio: For a change of zoning from
"R -1B" One -family Dwelling District to "B-1" Neighborhood Business District
on Lots 14 and 15, Block 4, Gardendale No. 2, located on the south side of
Williams Drive, approximately 225' west of South Staples Street.
Mr. Utter informed the Council that in response to the eighteen notices of
the public hearing, seven in favor, plus one petition with four signatures in
favor and one notice in opposition had been received. He stated that both the
Planning Commission and Planning Staff recommend denial of "B-1" and in lieu
thereof, that a specialpermit for parking he approved with access on South
Staples Street but no access on Williams Drive and if this is not acceptable to
the applicant, the Commission recommends denial.
Mr. Larry Wenger, Director of Planning, located the area on the zoning and
land use map, commenting that both pieces of property are vacant; described the
land use in the surrounding area; and showed slides of the vicinity. He
explained that the reason that the City Staff is stipulating that access be from
Staples Street only is because in this vicinity is located Blanche Moore
Elementary School and when school is in session, Williams Drive is designated
one-way for certain periods of the day. Mr. Wenger pointed out the location of
the Baja Coast Restaurant across the street from this property which does have
access on Williams Drive, but pointed out that the driveway cuts are on the
portion of their property near Staples Street. He informed the Council that the
applicant has not agreed to the limited access on Staples only. He also stated
that a site plan has not been submitted; therefore, the Planning Commission
would recommend denial of this zoning application unless the applicant agrees to
the stipulation pertaining to the access.
Mayor Jones called for the applicant to speak.
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Mr. Ed Prichard, Attorney representing the applicants, stated that the
house on the nearby property is just an interim use until the remainder of the
property in the vicinity is in use for business. He pointed out that the entire
area is changing in character and the proposal is to bring Corona Drive from
Everhart directly through the soon to be developed Blanche Moore Tract. He
noted that this is not a situation in which a lot of people in a residential
area are expressing opposition because the only one who objects to the change of
zoning is the owner of a piece of "B-1" property. He reminded the Council that
the property is vacant, has been for some time, and is not suitable for
residential use.
Mr. Prichard stated that the owners plan to install a parking lot at this
location to possibly serve Baja Coast customers and telephone company customers.
He informed them that the planned parking is only an interim use until the
entire piece of property is developed. Mr. Prichard urged approval of the "B-1"
zoning as requested and questioned the Staff's recommendation for denial on so
many zoning cases, stating that he feels that it is negativism.
Mrs. Mercedes Eugenio stated that they do not have a plan for the
development of the property yet but they would like to receive a change of
zoning so that a parking lot could be installed at this time to help defray the
taxes.
Council Member Mendez stated that if the applicants had some kind of plan
for development, he would be more willing to grant the zoning.
Mrs. Eugenio explained that they hope to develop some kind of office use in
the future but during the interim, some people indicated an interest in using
their property for parking.
No one else spoke in regard to this zoning application.
A motion was made by Council Member Guerrero that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
Council Member Guerrero noted that Williams Drive area is a neighborhood
that is quickly deteriorating and changing and he expressed the opinion that
people are speculating on the fact that their property values may be enhanced in
the future.
A motion was made by Council Member Guerrero that the requested zoning of
"B-1" be approved for Application No. 785-10.
The motion was seconded by Council Member Pruet.
Council Member Pruet expressed the opinion that soon the entire area will
be developed for business and he felt that it would he a mistake to deny this
applicant access to Williams Drive.
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Regular Council Meeting
September 3, 1985
Page 10
Council Member Slavik stated that this points up the need for a
Comprehensive Master Plan.
Mr. Utter informed her that the Master Plan visualizes the intersection of
Williams and Staples to remain zoned for business as it is but it does not
address the property on Williams Drive. Mr. Utter expressed the opinion that a
parking lot to be used for the customer parking for other businesses in this
vicinity would be an intrusion into the neighborhood.
Council Member Slavik concurred with the recommendation of the Planning
Commission and Planning Staff and stated that she felt that this should remain
residential because of the school that is located there.
Council Member Strong stated that she could not support the zoning request
and suggested that the applicants devise a plan for parking with the provision
that access would not be available on Williams or that left turns exiting from
the property be prohibited.
After further discussion, Mayor Jones called for the vote on the motion to
grant the zoning and it failed to pass by the following vote: Best, Berlanga,
Guerrero and Pruet voting, "Aye"; Jones, McComb, Mendez, Slavik and Strong
voting, "No".
A motion was made by Council Member McComb that the requested zoning of
"B-1" be denied but in lieu thereof, that a special permit be approved for the
installation of a parking lot only with an exit on Williams Drive but that a
sign be installed prohibiting left turns onto Williams Drive and that traffic
must turn right and exit towards Staples Street.
The motion was seconded by Mayor Pro Tem Best and passed by the following
vote: Best, McComb, Mendez, Slavik and Strong voting, "Aye"; Jones, Berlanga,
Guerrero and Pruet voting, "No".
Mr. Utter explained that this motion is sufficient to bring back the
ordinance following the submission of a site plan but pointed out that it will
require six affirmative votes to pass the ordinance since it is more liberal
zoning than recommended by the Planning Commission.
* * * * * * * * * *
18. Application No. 685-8, Mr. John M. Dulak, DC, PC: For a change of zoning
from "R -1B" One -family Dwelling District to "AB" Professional Office
District on a tract of land being a 0.60± acre tract out of Lot 11,
Bancroft Farm Lots, located on the south side of Up River Road,
approximately 88 feet west of Villa Drive.
Assistant City Manager Utter informed the Council that in response to the
notices of the public hearing, three in favor and none in opposition had been
returned. He explained that when this case was originally considered, the
Planning Commission authorized a special permit for a doctor's office but the
special permit was never issued because the applicant did not submit a site
plan.
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Mayor Jones called on the applicant to speak.
No one was present to speak for the applicant.
A motion was made by Council Member Guerrero that the hearing be closed,
seconded by Council Member McComb and passed unanimously.
A motion was made by Council Member McComb that the requested zoning of
"AB" for Application No. 685-8 be denied; seconded by Council Member Strong; and
passed unanimously by those present and voting.
* * * * * * * * *
19. Application No. 785-11, Mrs. Dollie Carey: For a change of zoning from
"R -1B" One -family Dwelling District to "AB" Professional. Office District on
Lot 27, Block 5, Windsor Park 1, located on the southwest corner of Wesley
and Lansdown Drives.
Assistant City Manager Utter informed the Council that in response to the
thirty-four notices of the public hearing, six in favor, plus one petition with
seventeen signatures in favor and five in opposition had been returned. He
stated that both the Planning Commission and Planning Staff recommend denial
because they feel that it is a classic intrusion into a residential
neighborhood.
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 informed
the Council that the applicant plans the installation of a beauty shop in the
garage adjacent to her home.
Mayor Jones invited the applicant to speak.
Mrs. Dollie Carey, 602 Lansdown, stated that she wants to establish a one
operator beauty shop in her garage, does not plan to install a sign and will
probably have only two automobiles parked there at one time.
Mayor Jones stated that he would be opposed to such an intrusion into a
residential neighborhood.
Mr. Rudy Vela expressed opposition stating that he considers it to be spot
zoning.
A motion was made by Council Member Guerrero that the hearing be closed,
seconded by Council. Member Mendez and passed unanimously.
A motion was made by Council Member Guerrero that the requested zoning of
"AB" for Application No. 785-11 be denied, seconded by Council Member McComb and
passed unanimously.
* * * * * * * * * *
Minutes
Regular Council Meeting
September 3, 1985
Page 12
There being no further business to come before the Council, on motion by
Council Member Berlanga, seconded by Council Member Strong and passed
unanimously, the Regular Council Meeting was adjourned at 4:13 p.m., September
3, 1985.
* * * * * * * * * *
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