HomeMy WebLinkAboutMinutes City Council - 09/17/1985MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
SEPTEMBER 17, 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 Ms. Constance Plomarity, following which the
Pledge of Allegiance to the Flag of the United States was led by Council Member
Linda Strong.
City Secretary Armando Chapa called the roll and verified that the
necessary quorum of the Council and the required Charter Officers were present
to conduct the meeting.
A motion was made by Mayor Pro Tem Jack Best that the Minutes of the
Regular Council Meeting of September 10, 1985 be approved; seconded by Council
Member Strong; and passed unanimously.
* * * * * * * * * *
Mayor Jones called for recognition of "Businesses of the Month".
For this purpose, Mayor Jones recognized Council Member Bill Pruet.
MICROFILMED
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Regular Council Meeting
September 17, 1985
Page 2
Council Member Pruet explained that several people had discussed the idea
of recognizing a business each month and the Chamber of Commerce had developed a
concept of making an award in three categories -- small, medium and large
business firms based on the number of employees. He stated that those to be
honored this month are: Borden's, Incorporated, large business; Tex-Mex
Railroad, medium size; and Schendel Atkins Office Supply Company, small
business.
Present to accept the awards were Mr. R. L. Culp of Tex-Mex Railroad and
Mr. E. Richard Schendel of Schendel Atkins Company.
Mayor Jones provided a brief history of the three companies.
Mayor Jones then administered the oath to the following new appointments to
Boards and Commissions: Park and Recreation Board, Randy DeLay; Airport
Advisory Board, David Conoly; and Solicitations Commission, Ms. Jane Berlanga.
* * * * * * * * * * * *
Mayor Jones announced the scheduled bid opening on the project for the
construction of the new City Hall. He then expressed appreciation to all of the
companies that have submitted bids.
Assistant City Manager James K. Lontos explained the procedure for the bid
opening and then opened bids from the following companies: Clearwater
Constructions, Austin; Durden & Fulton/Coastcon Corporation Joint Venture,
Corpus Christi; Jordan & Nobles Construction Company, Houston; Robert E. McKee,
Inc., Houston; Northdale Construction, Houston; and H. B. Zachary Company, San
Antonio.
Mr. Lontos verified that all companies had submitted the required bid
security bond and had acknowledged receipt of three addenda.
City Manager Martin commented that the amount budgeted for the new City
Hall is $9,820,000; the architect's estimate was $10,330,000; and the bidding
was obviously very competitive. He pointed out that with one exception, all of
the bids are for an amount that the City can afford. He stated that the
anticipated completion date is May or June of 1987.
* * * * * * * * * * *
Mayor Jones called for consideration of the following Consent Motions:
1. Approving specifications and authorization to receive bids October 9, 1985,
for a self-propelled chip spreader, a rotary street broom, a steel tired
3 -wheel roller, and a pneumatic tired 9 -wheel roller to be used for the
Street Division seal coating program. All items are included in the
1985-86 Capital Outlay budget, with a total estimated expenditure of
$205,000.
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Regular Council Meeting
September 17, 1985
Page 3
2. Approving the purchase of a 185 CFM air compressor for Sanitation Division,
to be used at the landfill, from Air Specialty and Equipment in the amount
of $10,500, based on low bid meeting specifications. The unit is included
in the 1985-86 Capital Outlay budget.
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 an
estimated 550 high potential magnesium anodes with #6 backfill to be used
by the Gas Division for corrosion protection of pipes to Global Cathodic
Protection, Inc., based on low bid of $52,079.50. Seven bids were issued,
four bids were received. Prices have increased approximately 16% from last
contract of June, 1985.
4. Approving twelve
additional twelve
approval of the
uniforms based on
month supply agreements, with option to
months, at the same terms and conditions,
supplier and the City Manager, or his
low bids as follows:
a. Famous Uniforms
Corpus Christi, Texas
Police and Airport Security
Total: $43,278.50
b. Cothran's Uniforms
Corpus Christi, Texas
School Crossing Guard
Total: $ 5,751.75
GRAND TOTAL: $49,030.25
5. Accepting the Acushnet, Brookdale,
Park Site Development project,
$27,097.45 to The Lerma Company &
project, which was funded by Park
$270,974.50.
extend for an
subject to the
designee, for
Overland Meadows, Parkview and Sands
and authorizing remaining funds of
Associates. The total cost of this
Bond Funds and Park Trust Funds, is
6. Approving a condemnation award of $20,000 plus $2,500 for appraisal
services, $100 for title services and $1,150 for commissioners fees and
court costs for the acquisition of a parcel of land located between Hazel
Bazemore Road and U.S. Highway 77 south of F.M. 624 in connection with the
River Ridge Offsite Drainage Project.
7. Accepting the George Evans School Area Unit II Street Improvement project,
and authorizing final payment of $76,910.23 to Claude Chapman Construction
Company, Inc. The total cost of this 9th Year Community Development Block
Grant project is $897,113.25. The project included the reconstruction of
the following streets:
Minutes
Regular Council Meeting
September 17, 1985
Page 4
Howard and Mestina Streets, from Sam Rankin Street to Brownlee Boulevard;
Sam Rankin Street, from Caldwell Street to Comanche Street; and
Josephine and Mexico Streets, from Caldwell Street to Antelope Street.
In reference to Item No. 4, Council Member Slavik inquired if the schools
could assist in payment for the uniforms mentioned and inquired if they had not
previously done so.
City Manager Martin replied that he did not think they had ever
participated in the cost nor have they indicated a desire to do so.
Mayor Jones informed the Council that this matter has been discussed
before; the City has been responsible for the school crossing guards for many
years; and in his opinion, it would be futile to attempt to change this.
Mayor Jones called for comments from the audience on Consent Motions 1
through 7, and there were none.
A motion was made by Council Member Mendez that Consent Motions 1 through 7
be approved; seconded by Council Member Strong; and passed by the following
vote: Jones, Best, Berlanga, Guerrero, Mendez, Pruet, Slavik and Strong voting,
"Aye"; McComb, absent at the time the vote was taken.
* * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Ordinances and
Ordinances from Previous Meetings on Items 8 through 14.
In reference to Ordinance No. 13 which authorizes the annexation of a tract
of land out of Section 5 of Flour Bluff and Encinal Farm and Garden Tracts,
Council Member Slavik asked for a view graph of the property involved.
City Manager Martin pointed out that the public hearing on this annexation
was conducted four weeks ago, and Mayor Jones explained the procedures for the
annexation.
City Manager Martin suggested that this item be delayed until a
transparency can be obtained to display.
Mayor Jones called for comments on the Consent Ordinances. No one spoke.
City Secretary Chapa polled the Council for their votes and the following
ordinances were passed:
8. ORDINANCE NO. 19013:
AMENDING ORDINANCE NO. 18559 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE
FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS:
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Regular Council Meeting
September 17, 1985
Page 5
George Evans School Area, Phase II
a. Howard and Mestina Streets, from Sam Rankin Street to Brownlee
Boulevard,
b. Sam Rankin Street, from Caldwell Street to Comanche Street, and
c. Josephine and Mexico Streets, from Caldwell Street to I.H. 37 Access
Road (Antelope Street).
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".
9. ORDINANCE NO. 19014:
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ANDREWS AND BARNETTE
PARTNERSHIP FOR THE CITY'S SHARE OF CONSTRUCTION COSTS FOR A BRIDGE ACROSS
A 95 FOOT DRAINAGE RIGHT-OF-WAY AT THE POINT WHERE PATTON STREET INTERSECTS
THE DRAINAGE RIGHT-OF-WAY; APPROPRIATING $15,465.13; 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 N0. 19015:
AMENDING SECTION 2-140 OF THE CITY CODE OF ORDINANCES TO ADD THE PRESIDENT
OF THE MEXICAN -AMERICAN CHAMBER OF COMMERCE AS AN EX -OFFICIO MEMBER TO THE
BUSINESS DEVELOPMENT COMMISSION; 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. 19016:
AMENDING CHAPTER 29, MUNICIPAL COURTS, CITY OF CORPUS CHRISTI CODE OF
ORDINANCES BY ADDING A NEW SUBSECTION ESTABLISHING COMPENSATION FOR JURORS
IN MUNICIPAL COURT JURY TRIALS AT $6.00 PER DAY PER JUROR; 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
September 17, 1985
Page 6
12. ORDINANCE NO. 19017:
AMENDING CHAPTER 29, MUNICIPAL COURTS, SECTIONS 29-1, 29-3, 29-4, 29-6,
29-7, AND 29-10, OF THE CORPUS CHRISTI CITY CODE, RELATING TO THE CORPUS
CHRISTI MUNICIPAL COURTS; THE NUMBER OF JUDGES; TERMS OF COURT; POWERS,
QUALIFICATIONS APPOINTMENT, AND TERMS; HOURS AND DUTIES; COURT
ADMINISTRATION; COMPENSATION; TRANSFER AND EXCHANGE OF BENCHES WITH OTHER
MAGISTRATES; APPOINTMENT OF COUNTY EMPLOYEE AS DEPUTY MUNICIPAL COURT
CLERK; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye".
13. (This ordinance was considered later during the meeting -- see page 9)
14. ORDINANCE N0. 19019:
CLOSING AND ABANDONING AN APPROXIMATE 40 SQUARE FOOT AREA OF A 5 -FOOT WIDE
UTILITY EASEMENT IN LOT 7, BLOCK 1, LAMAR PARK SUBDIVISION, SECTION 1,
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".
13. ORDINANCE N0. 19018:
ANNEXING A 5.64 ACRE TRACT OF LAND OUT OF LOTS 23 AND 24, SECTION 5, FLOUR
BLUFF ENCINAL FARM AND GARDEN TRACTS, OWNED BY THE SECOND BAPTIST CHURCH;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik and Strong
voting, "Aye"; Pruet, absent at the time the vote was taken.
* * * * * * * * * *
Mayor Jones called for consideration of the following motion from the
Regular Agenda.
15. Consideration of status of an alley between Everhart and Calvin Streets.
Council Member Guerrero stated that he had been in contact with Channel 3
and Omaha Appliance Center and they do not object to the closing of the alley.
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Regular Council Meeting
September 17, 1985
Page 7
A motion was made by Council Member Guerrero that a public hearing be
scheduled on the closing of the portion of the alley between Everhart and Calvin
Drive behind Lots 1 through 9.
The motion was seconded by Council Member Mendez and passed unanimously.
City Manager Martin suggested that it would be appropriate to consider the
motion added as an emergency item on the following subject:
15a. Motion to approve the selection of Solomon Brothers, MBank, and Texas
Commerce Bank as the lead underwriters to manage the refunding of general
obligation debt, and include Dillon and Read and Smith Barney as part of
the team.
A motion was made by Mayor Pro Tem Best that the foregoing item be
confirmed, seconded by Council Member Strong.
Council Member Guerrero inquired as to which Council Members plan to
abstain on this item.
Mayor Jones stated that he will abstain on the portion pertaining to MBank,
and Council. Member Slavik stated that she will abstain because of the lack of
information provided.
Council Member Guerrero then inquired if a Council Member can legally
abstain from only a portion of a motion.
Assistant City Attorney Jay Doegey explained that the motion is to include
several firms as underwriters; the Council may either take all of them together
or consider them individually; and in essence, each firm could be voted on
separately if the Council desires.
Mayor Jones explained that he will abstain from voting on the portion
pertaining to MBank and if someone wants to challenge that, they may do so.
Council Member Berlanga stated that according to the City Charter, he was
of the opinion that if you abstain at all you must abstain completely.
Council Member McComb stated that he will abstain from voting on the
portion pertaining to Texas Commerce Bank since he owns a small amount of stock
in that company.
Council Member Strong requested that the exact function of the action they
are undertaking in refinancing the bonds be explained.
City Manager Martin informed the Council that the advance refunding is a
complicated procedure, but this is something tfat is being done by every major
city, school district, etc. in the State. As a simplified explanation, he
stated that the Council will be replacing old debt with new debt and the City
Minutes
Regular Council Meeting
September 17, 1985
Page 8
will not double the outstanding debt. He stated that a lower interest rate is
obtained and some restrictions are removed. He stated that the advance
refunding occurs when one takes the new debt and replaces the old debt, i.e., if
the City has $600,000,000 in outstanding debt, the purchase of the new debt is
used to purchase SLUGS (certain federal bonds). He explained that these SLUGS
are placed in escrow with the principal and interest therefrom being sufficient
to pay off the debt service on the old debts. He explained further that
legally, when the escrow account is put in place, all of the old debt is
defeased, and at that point, the City is released from any debt or obligation
pertaining to the old debt. He assured the Council that also at that point, the
new debt will be in effect and the old debt is not the City's responsibility.
He explained that one of the goals of Staff through this measure is to defease
the old debt at a lesser amortization with the new debt.
Council Member Guerrero referred to the motion and stated that it is his
understanding that the Council is to approve certain firms for participation in
this action; the motion was not prepared to approve each firm separately; and
for the record, he does not intend to vote favorably on this motion if there are
any partial abstentions because he felt that each Council Member should vote
either for or against the motion with no abstentions on portions of the motion.
Council Member Berlanga then made a motion to amend the motion to include
Rauscher Pierce Refnes, Inc. and Texas Capital Markets Group, Inc. as part of
the financial team.
The motion was seconded by Council Member Guerrero.
Mayor Jones asked about the basis of this motion, and Council Member
Berlanga explained that the Council has already voted to amend last week's
motion because of Council Member McComb's intention to abstain, and if the
Council is able to amend or add something, he was of the opinion that an
addition would be made to include these banking companies because of their
proven qualifications. He pointed out that Texas Capital made a very sincere
effort to become involved when they funded the Furman Plaza project.
Council Member Strong stated that it is her understanding that nothing is
being added; the motion is not being amended; but it is being considered to
include the abstentions of Mayor Jones and Council Member McComb. She noted
that this is a "revote" and not an addition or an amendment of any sort and City
Manager Martin stated that that was correct.
Council Member Slavik stated that she will continue to abstain because she
does not understand the reason for this action and that she was of the opinion
that the Council has not been properly informed of the issue and do not know
enough about it.
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Page 9
Council Member Mendez referred to the legal opinion on the abstention of
Mayor Jones and Council Member McComb. He stated that he thought that if the
Council examine the State Law and the two abstentions, they would not affect the
outcome of the vote; therefore, he stated that he will vote in favor of the
motion.
Council Member Guerrero stated that if Mayor Jones and Council Member
McComb are allowed to only abstain on portions of the motion, he would withdraw
his second to Council Member Berlanga's motion to include the two additional
companies.
Council Member Berlanga then withdrew his motion and expressed the opinion
that Mayor Jones and Council Member McComb should abstain from voting on the
entire item.
Council Member Guerrero stated that he approves the action but he
disapproved two members not abstaining on the entire motion. He inquired if at
a later date, the City receives an Attorney General's opinion that a Council
Member should abstain on an entire item if they have a conflict of interest if
there would be an adverse effect on the Council Members voting in favor of the
issue.
City Manager Martin assured him that a Council Member's vote only affects
him personally and does not support anyone else's vote.
Mayor Jones called for the vote on the motion and it passed as follows:
Best, Berlanga, Guerrero, Mendez, Pruet and Strong voting, "Aye" on the entire
item; Jones voting, "Aye" on all of the items with the exception of the portion
pertaining to MBank on which he abstained; McComb voting, "Aye" on the item with
the exception of the portion pertaining to Texas Commerce Bank on which he
abstained; Slavik, "abstaining".
Council Member Strong made a motion that the Council recess for five
minutes.
The motion was seconded by Council Member Mendez and passed unanimously at
2:55 p.m.
* * * * * * * * * *
Mayor Jones reconvened the Regular Council Meeting at 3:02 p.m.
Assistant City Manager Tom Utter referred to the Consent Ordinance No. 13
pertaining to the annexation and displayed a map, locating the area to be
annexed. He stated that it was a tract of land to be used by the Second Baptist
Church.
Minutes
Regular Council Meeting
September 17, 1985
Page 10
City Secretary Chapa polled the Council for their vote on the ordinance
effecting the annexation and the following was passed:
13. ORDINANCE NO. 19018:
ANNEXING A 5.64 ACRE TRACT OF LAND OUT OF LOTS 23 AND 24, SECTIONS 5, FLOUR
BLUFF ENCINAL FARM AND GARDEN TRACTS, OWNED BY THE SECOND BAPTIST CHURCH;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik and Strong
voting, "Aye"; Pruet, absent at the time the vote was taken.
* * * * * * * * * * *
Mayor Jones announced the public hearings on five zoning applications.
16. Application No. 885-9, Mr. Kenneth W. King: For a change of zoning from
"B -2A" Barrier Island Business District to "AT" Apartment -Tourist District
on Lot 4R, Block 506, Padre Island - Corpus Christi, Mariner's Cay, located
175' west of Padre Island Drive (Park Road 22) on the north end of Compass
Street.
Assistant City Manager Utter informed the Council that in response to the
seven notices of the public hearing, one in favor plus two from outside the area
of notification in favor and none in opposition had been returned. He stated
that both the Planning Commission and Planning Staff recommend approval.
No one spoke in opposition to this zoning application.
A motion was made by Mayor Pro Tem Best that the hearing be closed,
seconded by Council Member Guerrero and passed unanimously.
City Secretary Chapa polled the Council for their vote and the following
ordinance passed:
16. ORDINANCE NO. 19020:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF KENNETH W. KING BY
CHANGING THE ZONING MAP IN REFERENCE TO LOT 4R, BLOCK 506, PADRE ISLAND -
CORPUS CHRISTI, MARINER'S CAY FROM "B -2A" BARRIER ISLAND BUSINESS DISTRICT
TO "AT" APARTMENT -TOURIST 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".
* * * * * * * * * *
Minutes
Regular Council Meeting
September 17, 1985
Page 11
17. Application No. 885-8T, Mr. James R. Howze: For a proposed change to the
text of the City Zoning Ordinance No. 6106, as amended as follows: Amend
Article 21, Newly Annexed Territory, by adding to the file under Section
31-5 setting forth a zoning classification of "8-4" General Business
District on a described tract of land when annexed to the City of Corpus
Christi. Being a 6.28± acre tract out of Lot 9, Section 5, Flour Bluff and
Encinal Farm and Garden Tracts, located on the northwest corner of South
Staples Street and County Road 26-A.
Mr. Utter informed the Council that this tract is immediately north of the
area that was just annexed for Second Baptist Church. He stated that in
response to the sixteen notices of the public hearing, two in favor and two in
opposition, plus one from outside the area of notification in opposition had
been returned. He stated that both the Planning Commission and Planning Staff
recommend denial of "B-4" but in lieu thereof, that "B-1" zoning be granted. He
stated that the Staff now agrees with the Planning Commission's recommendation.
No one spoke in regard to this zoning application.
A motion was made Mayor Pro Tem Best that the hearing be closed, seconded
by Council Member Guerrero and passed unanimously.
Mayor Pro Tem Best asked for an example of shopping centers that are "B-1"
as opposed to those that are "B-4", and Mr. Wenger explained that Meadowbrook
and Cullen Mall are typical "B-1" zoned strip shopping centers whereas Sunrise
Mall and Padre Staples Mall are typical "B-4" zoned shopping centers.
City Secretary Chapa polled the Council for their vote and the following
ordinance was passed:
17. ORDINANCE NO. 19021:
AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED
TERRITORY, BY ADDING TO SECTION 31-5 SETTING FORTH ZONING CLASSIFICATION OF
SAID AREA OF LAND DESCRIBED AS A PORTION OUT OF LOT 9, SECTION 5, FLOUR
BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye".
* * * * * * * * * * *
18. Application No. C885-12, City of Corpus Christi, Texas: For a change of
zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial
District on a parcel of land being the south 17.5± feet of Lots 5 and 6,
Block 13, Patrick Webb Addition, located approximately 100' north of
Marguerite Street and approximately 62 feet west of 21st Street.
Minutes
Regular Council Meeting
September 17, 1985
Page 12
Mr. Utter stated that in response to the ten notices of the public hearing,
two in favor and one in opposition had been returned. He explained that both
the Planning Commission and Planning Staff recommend denial of the "1-2" zoning
but in lieu thereof, that a special permit be granted for the existing use. He
stated that the City has initiated this case because a large portion of the land
had previously been considered by the Council, at which time they granted a
special permit for continuation of the operation of Corpus Christi Disposal. He
stated that that company has submitted a site plan that encompasses the entire
area, including this area.
Mayor Jones inquired if anyone was present to speak in opposition.
One lady in the audience indicated that she did wish to speak in
opposition.
Mr. Wenger located the area on the zoning and land use map, described the
land use in the surrounding area, and stated that the prior case was heard by
the City Council on August 27th, at which time the other two lots were included.
He explained that at that time, the Council granted a special permit but the
ordinance adoption was delayed until this case could be presented to the Council
so that the entire tract could be included. He showed slides of the vicinity
and stated that this business has been in existence for a number of years.
Mayor Jones called on those who wished to speak in opposition.
Mrs. Rebecca Esquivel stated that she lives on Marguerite Street and owns
the property adjacent to this operation. She stated that she objects to the
City's requirement that the owner of the subject property be required to install
a standard screening fence across the property line all the way to Marguerite
Street because this would block her house and prevent a breeze from reaching her
yard. She stated that she would also like to see the property owner maintain
the paved area that he proposes to install and keep it clean.
Mr. Utter explained that the City generally requires that the owner of any
commercial property abutting residential property be required to install a
standard screening fence. He stated that since the property owner adjacent to
the subject property objects to the solid screening fence, he would suggest that
a chain link fence be required. He stated that he was sure that the owner would
forego the requirement to install a screening fence.
Mrs. Esquivel stated that if a fence is required, she would prefer the
chain link fence.
Council Member Mendez explained to her that the Staff is requiring the
fence for residents' protection. He pointed out that this business will
continue to operate at this location and asked Mrs. Esquivel to call him if Mr.
Diaz does not keep his property clean.
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Regular Council Meeting
September 17, 1985
Page 13
Mr. Ismael C. Diaz, the property owner, explained that the City Staff had
recommended that the chain link fence be covered. He then inquired if Mrs.
Esquivel would be willing to have the chain link fence extending from the
existing fence all the way to Marguerite Street.
Mr. Utter then stated that he would like to recommend that the existing
fence have screening attached to it and that the portion of the screening fence
extending from the existing fence out to Marguerite Street be eliminated.
A motion was made by Mayor Pro Tem Best that the site plan submitted for
Application No. C885-12 be amended to eliminate those two sections of the fence
on each side of the property to which the adjacent property owner objects. The
motion was seconded by Council Member Mendez.
Another resident of Marguerite Street inquired about the location of the
parking area for the trucks.
Mr. Utter pointed out where the concrete slab will be installed and pointed
out the area where the trucks will be washed. He explained that the dust
problem and excessive water will be eliminated through these improvements.
Mr. Felipe Robles, 2421 Marguerite Street, informed the Council that the
operation is very noisy and stated that the neighbors will be glad if he is
really going to improve his property. He stated that they just want to be sure
that Mr. Diaz keeps the property clean to eliminate the roaches and mice that
are generated from that property.
Council Member Slavik noted that this is a sanitation company in a
residential neighborhood and inquired if there is any way that the City could
try to phase out this operation in this neighborhood.
Mr. Wenger stated that the only alternative is to let it remain as a
non -conforming use and noted that the only way the owner would have to move his
operation is if he wanted to expand because he cannot do so at this location.
Mr. Utter also stated that the only way the operation could be eliminated
would be through condemnation proceedings and this would have to be for a public
purpose.
Mayor Jones called for the vote on Dr. Best's motion to amend the site plan
to eliminate two portions of the fence and the motion passed unanimously.
A motion was made by Mayor Pro Tem Best that the hearing be closed,
seconded by Council Member McComb and passed unanimously.
Minutes
Regular Council Meeting
September 17, 1985
Page 14
City Secretary Chapa polled the Council for their vote on the ordinance
granting the special permit according to the revised site plan and the following
passed:
18. ORDINANCE NO. 19022:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE CITY OF CORPUS
CHRISTI BY GRANTING A SPECIAL COUNCIL PERMIT FOR THE CORPUS CHRISTI
DISPOSAL SERVICE ON LOTS 3, 4, AND A PORTION OUT OF LOTS 5 AND 6, BLOCK 13,
PATRICK WEBB ADDITION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik and Strong
voting, "Aye", Guerrero, absent at the time the vote was taken.
19. Application No. 785-5, Ms. Clara Mate Honeycutt: For a change of zoning
from "R -1B" One -family Dwelling District to "AB" Professional Office
District on Lot 34, Block 6, Alameda Park, located on the east side of
Everhart Road, approximately 250' south of Avalon Street.
Assistant City Manager Utter informed the Council that in response to the
twenty-six notices of the public hearing, five in favor and none in opposition
had been returned. He stated that both the Planning Commission and Planning
Staff recommend denial.
Mr. Wenger located the area on the zoning and land use map, described the
land use in the surrounding area which is predominantly zoned "R -1B" with some
"AB" zoning and showed slides of the vicinity.
Mr. Wenger continued by informing the Council that at their meeting on July
3, 1985, the Planning Commission recommended denial but that a special permit be
approved for "AB" uses provided a driveway could be shared with the property
owner to the north. He stated that the applicant was unable to obtain
permission for the shared driveway and the Staff is of the opinion that if
driveway cuts are allowed on Everhart, there will be too many cars exiting on a
busy thoroughfare.
Speaking on behalf of the applicant was Mrs. Delores Cody, Mrs. Honeycutt's
daughter, who stated that they had not really understood what the situation was
in regard to the concern about a driveway. She pointed out that the City
approved Mr. Berney Seal's rezoning to "AB"; property on the other side of her
mother's property was approved for "AB" zoning; and she questioned why her
mother is being discriminated against and forced to share a driveway when no one
else was requested to do so. She informed the Council that her mother had been
unable to come to an agreement to share the driveway to the north as suggested
by the Planning Commission. She stated that her mother no longer wants to live
Minutes
Regular Council Meeting
September 17, 1985
Page 15
in this neighborhood; she wants to sell the house and it is not likely anyone
would purchase it for a residence on such a busy street; and pointed out that
they are only asking for the same opportunity that everyone else in the area has
had.
Mrs. Joe R. Honeycutt, the applicant, stated that her husband worked at the
base for twenty-one years and they decided to remain in their house on Everhart
even though it was becoming a busy street. She informed the Council that an
interior decorator is interested in purchasing the house for a business office
and that type of business would not generate much traffic. She urged that the
Council grant the zoning of "AB".
No one else spoke in regard to this zoning application.
A motion was made by Council Member Berlanga that the hearing be closed,
seconded by Council Member Slavik and passed unanimously.
Mayor Jones expressed the opinion that granting the "AB" zoning would
create a domino effect for the remainder of the houses on Everhart.
Council Member Pruet pointed out that this community is changing,
particularly on the collector streets such as Everhart, Airline and Staples. He
expressed the opinion that the requested zoning should be granted because this
is not a very desirable residential location.
Mr. Wenger pointed out that there are residences from this location all the
way down to Harry Street, and Mr. Utter pointed out that approval will require
six affirmative votes of the ordinance since the Planning Commission recommended
denial.
Further discussion followed in regard to the width of the lots, and Mr.
Utter summarized the discussion by stating that the real problem in rezoning all
of these lots to "AB" would be the excessive number of driveways exiting on to
Everhart.
A motion was made by Mayor Pro Tem Best that the requested zoning of "AB"
be granted for Application No. 785-5.
The motion was seconded by Council Member Pruet and passed by the following
vote: Best, McComb, Mendez, Pruet and Strong voting, "Aye"; Jones, Berlanga,
and Slavik voting, "No", Guerrero, absent at the time the vote was taken.
Mr. Utter reminded the Council that approval of the ordinance next week
will require six affirmative votes.
* * * * * * * * * *
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Minutes
Regular Council Meeting
September 17, 1985
Page 17
Mr. Utter suggested that if the Council makes a decision to delay this
application, he would like to add a caveat that Mr. Pagenkopf not be allowed to
operate the flashing sign.
A motion was made by Council Member Mendez that action on Application No.
885-6 be delayed until the Staff recommendation has been prepared within sixty
days with the stipulation that Mr. Pagenkopf not continue to operate the
flashing apparatus attached to his sign.
The motion was seconded by Mayor Pro Tem Best.
Mr. Utter pointed out that this is not a license for anyone on the beach to
install any type of sign they desire during this sixty-day period but this would
just be to allow signs to remain status quo for that sixty-day period.
The Council indicated their concurrence with this statement.
The motion to delay the application for sixty days passed unanimously.
City Manager Martin referred to an item that Council Member Slavik had
presented during the morning Workshop Meeting about the delegates for the
National League of Cities Meeting to be conducted in December. He suggested
that the Council might also wish to consider the handling of the meetings during
Christmas Week and New Year's Week and suggested that this be discussed in the
near future.
* * * * * * * * * * * *
Mayor Jones called for petitions or information from the audience on
matters not scheduled on the agenda.
Mrs. Elizabeth Airheart, 441 Paloma, Telephone No. 991-3523, addressed the
Council and suggested that they honor the first City Council woman ever elected
to the City Council. Mrs. Airheart stated that she was the first woman ever
elected to the City Council.
Mayor Jones agreed with this suggestion and stated that he would like to
declare "Elizabeth Airheart Day" and assured Mrs. Airheart that he would contact
her.
Mr. Arnold Moreno, Vice President of the Planning Commission, referred to
the Planning Commission's request for additional funds for the members of the
Planning Commission to attend planning seminars. He stated that he is speaking
for himself only, not the entire Planning Commission. Mr. Moreno informed the
Council that five out of the existing nine commissioners have served one year or
less; they are charged with making planning and zoning decisions which affect a
great number of people; they feel that this is quite a responsibility; and they
Minutes
Regular Council Meeting
September 17, 1985
Page 18
would like to request an opportunity to become a better branch of City
government. Mr. Moreno expressed the opinion that with Homeport coming to this
area, he was of the opinion that the growth should be well planned. He noted
that the funds requested would be an investment that would be returned to the
City ten -fold. He urged support of their request for additional funds.
Council Member Guerrero stated that he recalled that the motion during the
morning Workshop Meeting was to retain the $1,400 included in the budget for two
Planning Commission Members to attend the seminar; their request was that $4,900
be appropriated so that all nine members could go.
A motion was made by Council Member Guerrero that the City appropriate the
necessary funds for the seminar dependent upon how many will attend.
The motion was seconded by Council Member Berlanga.
Council Member Mendez suggested that Mr. Wenger find out how many of the
commissioners plan to go.
Council Member McComb explained to Mr. Moreno that the Council's opinion
during the morning Workshop Meeting was that it would be better to have two
members of the Planning Commission attend the meeting and provide a report for
the other members. He pointed out that there are other board members who might
like to attend seminars as well and this would be establishing a precedent.
Council Member Slavik indicated that she concurred with Mr. McComb but
asked for comments from the City Manager.
City Manager Martin stated that the matter does not involve a large amount
of money and there is no financial problem in providing the funds. He stated
that the question of its being precedent setting is for the Council to determine
because they are the ones who have to live with their decision. He agreed that
the course is a very good training session, but he did not believe that it would
be productive for someone who has served on the Planning Commission for a number
of years.
Mr. Joe Garcia, Planning Commission Member, also urged approval of the
funds so that they could improve their service to the City.
In response to Mayor Jones' question, Mr. Garcia stated that all nine
commissioners had indicated that they would like to attend.
A motion was made by Council Member Mendez to reconsider the action taken
during the morning Workshop Meeting and that an additional $4,900 be approved
for the purpose of Planning Commission Members to attend a seminar.
The motion was seconded by Council Member Berlanga.
Minutes
Regular Council Meeting
September 17, 1985
Page 19
City Manager Martin suggested that the Council could adopt a policy whereby
Planning Commissioners, during their first term of office, could be allowed to
attend the course one time and under that type of policy, after this year, only
one or two commissioners would be eligible to go. He suggested that this could
be established as an ongoing policy. He also noted that if the Commissioners
go, it should be in accordance with City travel policies, it has been estimated
that the expense would be $700 per each member; and this would be between $5,000
and $7,000.
Mayor Jones reviewed the motion, stating that it is to authorize a maximum
of $6,300 for the purpose of sending as many commissioners who are able to
attend a seminar.
The motion passed by the following vote: Jones, Berlanga, Guerrero,
Mendez, Slavik and Strong voting, "Aye"; Best, McComb and Pruet voting, "No".
Council Member Strong requested that the City Manager recommend a policy to
be adopted by the City Council in regard to this.
Mr. Tom Hunt, Sr. addressed the Council and referred to the proposed
restructuring of the bond indebtedness. He stated that he did not think that
enough information had been provided the Council to approve this item. He
pointed out that this would involve $107,000,000 worth of bonds and if the
anticipated bond interest is 8% on the new bond refund, he questioned why the
City would include $44,000,000 in the bonded indebtedness when the interest on
that amount was 3.9% to 7.5%. He stated that he felt that answers should be
obtained before anything is actually done on this issue. He also reminded the
Council that there is one facet of this restructuring that they needed to
remember, pointing out that there is a 684 cap on tax rate and in his opinion,
this action is to circumvent Proposition 14. He also questioned the fact that
no proposals for underwriters were received.
Mr. Leon Perez, 904 Buford Street, registered a complaint in that he had
called for police assistance and the first time the response time was 45 minutes
and the second time, it was about 40 minutes. He questioned the ability of the
dispatchers in relaying emergency messages. He explained the incident that
occurred.
Mayor Jones suggested that Mr. Perez discuss this with a member of the City
Staff.
City Manager Martin stated that he would like to respond to Mr. Hunt's
concerns in terms of the facts on the refunding issue. He stated that he had
requested that the Council authorize the City Manager to prepare the
restructuring and before the Council does anything, the matter will be before
them again. He stated that every major City, County and School District in the
State has found this plan to be to their advantage.
Minutes
Regular Council Meeting
September 17, 1985
Page 20
There being no further business to come before the Council, on motion by
Council Member Mendez, seconded by Council Member Pruet and passed unanimously,
the Regular Council Meeting was adjourned at 4:58 p.m., September 17, 1985.
* * * * * * * * * * * *
I HEREBY CERTIFY that the foregoing is a true and correct copy of the
Minutes of the Regular Council Meeting of the City of Corpus Christi of
September 17, 1985.
WITNESSETH MY HAND AND SEAL, this the 19th day of September, 1985.
(S E A L)
Luther Jones, MAYOR
DZ/rr
Armando Chapa, City Secretary
City of Corpus Christi, Texas