HomeMy WebLinkAboutMinutes City Council - 08/26/1986PRESENT:
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
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
AUGUST 26, 1986
2:00 P.M.
City Manager Craig McDowell
City Attorney Hal George
City Secretary Armando Chapa
Mayor Jones called the meeting to order in the Council Chamber of City
Hall.
The invocation was given by Council Member McComb, following which the
Pledge of Allegiance to the Flag of the United States was led by Council Member
Strong.
City Secretary Chapa called the roll and verified that a quorum of the
Council and the required Charter Officers were present to conduct the meeting.
A motion was made by Council Member Mendez that the minutes of the Regular
Council Meeting of August 19, 1986 be approved as presented; seconded by Council
Member Strong; and passed unanimously.
* * * * * * * * * *
Mayor Jones administered the Oath of Office to Mr. Berney Seal, Corpus
Christi Area Economic Business Development Corporation, and Mr. Joe Morales,
Sister City Committee.
* * * * * * * * * *
Mayor Jones called for consideration of the following item:
K. ACTION OF THE COUNCIL FROM THE WORKSHOP SESSION:
M86-0373
1. Reaffirming the following guidelines, adopted on March 21, 1984, for
the Community Development Block Grant Program;
MICROFILMED
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Regular Council Meeting
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Page 2
a. No Community Development Block Grant Funds be authorized to applicant
agencies for the support of operating expenses.
b. No capital grants will be made without sufficient evidence of the
financial capacity of the applying agency to operate the program.
c. Priority will be given to those applying agencies that make
substantial new capital contributions to the project for which they
are seeking funds; and
Reaffirming the stated Community Development Objectives which are:
To provide for the development and preservation of a viable urban
community, a suitable living environment, decent housing and expanded
economic opportunities, principally for persons of low and moderate
income, and to aid in the prevention or elimination of slums and
blight. The City carries out its objectives by providing for
appropriate streets and drainage, housing, recreational opportunities,
neighborhood preservation, and revitalization and economic development
as needed.
M86-0383
2. Setting a public hearing for September 16, 1986, during the Regular
Council Meeting to incorporate the additional funding available for
the 12th Year CDBG Program.
M86-0384
3. Approving the recommendations of the Staff and Planning Commission on
the Agnes/Laredo Corridor revitalization efforts including the
following basic elements:
a. Specific code enforcement activity by the City's Neighborhood
Improvement Program.
b. Continued emphasis on rehabilitation loans for the area from the
Mid -Town Exchange south to Old Robstown Road.
c. Continued emphasis of CDBG and other funding.
d. Outdoor Storage Screening and Land Use Regulations.
A motion was made by Council Member Strong that the above listed items be
approved; seconded by Council Member Guerrero; and passed as follows: Jones,
Best, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga
absent at the time the vote was taken.
* * * * * * * * * * * * *
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Mayor Jones called for consideration of the following consent motions,
items 1 through 8:
1. M86-0374
Approval of specifications and authorization to receive bids for
approximately 8,500 tons of backfill sand and 2,000 tons of sandy loam
soil. The term of this agreement will be twelve months 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. These items will be used by the Park and Recreation, Gas, Water,
and Wastewater Divisions. Estimated annual expenditure is $52,000.
2. M86-0375
Approval of specifications and authorization to receive bids for safety
shoe and boot service. The term of this agreement will be twelve months
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. Bidders are asked to quote a percentage of discount from
their published price list. Estimated annual expenditure is $75,000.
3. M86-0376
Approval of specifications and authorization to receive bids for radio
communication parts, equipment, and supplies for Radio Maintenance Division
of Maintenance Services Department. The term of this agreement will be
twelve months with an option to extend for an additional twelve months,
subject to the approval of the supplier and the City Manager, or his
designee. These items will be used by Radio Maintenance to furnish and
maintain radio communications for the City, as well as the other
governmental entities for which they are responsible. The estimated annual
expenditure is $300,000.
4. M86-0377
Authorizing reimbursement of $7,177.73 to the Water Construction Fund from
the Library Bond Fund for adjustment work performed by the City Water
Division on a 12 -inch water main located adjacent to the south end of the
parking lot at the rear of the new Corpus Christi Public Library. Funds
for this reimbursement are available in the contingency appropriation for
the Library project.
5. M86-0378
Granting a revocable easement to Spohn Hospital to allow the placement of
approximately 80 linear feet of 12 -inch diameter steel casing under a
section of Elizabeth Street between Ocean Drive and Third Street. Spohn
Hospital is proposing to install a magnetic resonance imaging unit on the
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Page 4
north side of Elizabeth Street opposite the main hospital complex.
Communication and computer cables placed inside the steel casing would
connect the imaging unit to a console in the x-ray department of the main
hospital building. A fee of $150 is recommended for this easement grant.
6. M86-0379
Authorizing Change Order No. 2 in the amount of $26,260 to the contract
with Claude Chapman Construction Company for the Nottarb Place Sanitary
Sewer Improvement project. Change Order No. 2 provides for the relocation
of the sanitary sewer line on the Menger Elementary School property. The
Corpus Christi Independent School District has agreed to pay for the total
cost of this change order.
7. M86-0380
Transferring $56,000 from the Vehicle Replacement Trust Fund to the
Maintenance Services Fund for the anticipated replacement of six vehicles
in the Vehicle Lease Program. These vehicles are projected to reach their
expected service life based on mileage during the 1986-87 fiscal year.
8. M86-0381
Authorizing the City Manager to submit an application and execute a
contract with the Coastal Bend Council of Governments for the continuation
of the Omnibus Hunger Act Program in Nueces County. The contract contains
a total budget of $22,260, and includes Omnibus Hunger Act Grant Funds in
the amount of $18,906 and $3,354 in USDA Cash In Lieu of Commodities Funds.
The program will operate for 12 months from September 1, 1986 through
August 31, 1987. No City funds are involved.
In regard to item 1, backfill sand and sandy loam soil, Council Member
McComb asked about disposal of the dirt removed from the landfill, and City
Manager McDowell stated that the dirt is stock piled and used again.
Assistant City Manager Utter pointed out that item 1 relates to sand, and
the dirt at the landfill is Victorian Clay which cannot be used as backfill.
City Manager McDowell provided the Council with copies of radio maintenance
expenditures by department as requested by the Council during the Workshop
Meeting.
There were no comments from the audience; a motion was made by Council
Member Guerrero that items 1 through 8 be approved; seconded by Council Member
Mendez; and passed unanimously.
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Mayor Jones called for consideration of the Consent Ordinances; there were
no comments from the Council; Mayor Jones called for comments from the audience.
Mr. Alonso Rivera, 5310 Wentworth, asked for an explanation of Consent
Motions and Consent Ordinances.
Mayor Jones explained that the consent
items that will not be discussed by the
discuss one of the consent items, it will
the items not removed will be voted on;
Consent Agenda will be discussed.
portion of the agenda includes those
Council; if the Council wishes to
be removed from the Consent Agenda;
then those items removed from the
Mayor Pro Tem Best pointed out that the agenda items were discussed by the
Council during the Workshop meeting.
There were no further comments from the audience; City Secretary Chapa
polled the Council for their vote on Consent Ordinances 9 through 15; and the
following were approved:
9. ORDINANCE NO. 19454
AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2 TO THE CONTRACT WITH ETHERIDGE
ENGINEERING, INC., FOR ENGINEERING CONSULTANT WORK ON THE RELOCATION OF WATER
LINES ON I.H. 37 BETWEEN THE MISSOURI -PACIFIC OVERPASS AND SHARPSBURG ROAD,
WHICH AMENDMENT PROVIDES FOR ADDITIONAL ENGINEERING CONSULTANT FEES FOR PROJECTS
"A" AND "B"; APPROPRIATING $53,355; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga
absent at the time the vote was taken.
10. RESOLUTION NO. 19455
COMMENDING MAYOR HENRY G. CISNEROS FOR THE CONFERENCE ON THE FUTURE OF A REGION;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the resolution passed as follows: Jones,
Best, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga
absent at the time the vote was taken.
11. FIRST READING
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE
CITY OF CORPUS CHRISTI AND REAGAN AND ASSOCIATES FOR THE ANNEXATION OF APPROXI-
MATELY 36.8 ACRES OF LAND BEING A PORTION OUT OF NUECES RIVER IRRIGATION PARK
ANNEX NO. 2, 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; AND PROVIDING FOR SEVERABILITY.
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Regular Council Meeting
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The Ordinance was read for the first time and passed to second reading as
follows: Jones, Best, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye"; Berlanga absent at the time the vote was taken.
12. SECOND READING
AMENDING CHAPTER 53, TRAFFIC, SECTION 53-2, DEFINITIONS, SECTION 53-77, FLASHING
SIGNALS, AND SECTION 53-113, SPEED IN SCHOOL ZONES; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
The Ordinance was read for the second time and passed to third reading as
follows: Jones, Best, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye"; Berlanga absent at the time the vote was taken.
13. SECOND READING
AMENDING ORDINANCE NUMBERS 16232 AND 15371 AND AUTHORIZING THE EXECUTION OF AN
AMENDMENT TO THE AGREEMENT WITH ISLAND ENTERPRISES, INC., FOR THE SALE OF TRAVEL
INSURANCE AND HANDLING OF TRAVEL RESERVATION TICKETS.
The Ordinance was read for the second time and passed to third reading as
follows: Jones, Best, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye"; Berlanga absent at the time the vote was taken.
14. SECOND READING
AUTHORIZING THE EXECUTION OF A SERVICES CONTRACT WITH THE CORPUS CHRISTI
INTERNATIONAL SCHOOL OF SAILING IN THE OFFICE BUILDING ON THE COOPER'S ALLEY
L -HEAD.
The Ordinance was read for the second time and passed to third reading as
follows: Jones, Best, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye"; Berlanga absent at the time the vote was taken.
15. THIRD READING - ORDINANCE NO. 19456
AMENDING CHAPTER 53, TRAFFIC, SECTION 53-254, SCHEDULE V - INCREASE OF STATE
SPEED LIMIT IN CERTAIN ZONES (relating to Airport Road, Kostoryz Road, Staples
Street, and Waldron Road); PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The Ordinance was read for the third time and passed follows: Jones, Best,
Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga
absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the following motion:
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Regular Council Meeting
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16. M86-0382
Changing the composition of the Board of Directors of Reinvestment Zone No.
1 to include the following: 3 members of the City Council consisting of
the Mayor, Mayor Pro Tem, and the Council Member from the District in which
the Reinvestment Zone lies (District 2); and one member from each of the
following entities: Nueces County Commissioners Court, Corpus Christi
Independent School District, and Del Mar Junior College District, for a
total of 6 members.
Mayor Jones explained that this motion will change the composition of the
Board of Directors; this is a prerogative of the City Council; and he would like
for Bill Pruet to be involved in this since he has been the contact for this
group and has a good working relationship with the representatives. He stated
that he personally would like to have Mr. Pruet attend the meetings.
Council Member Slavik referred to two meetings that were held by certain
members of the Board of Directors and asked City Attorney George to address this
issue.
Mr. George stated that it was not a meeting, but rather it was a
discussion. He stated that the Open Meetings Act, 6252-17, V.A.C.S., states
that governing bodies are any department of the State, the City Council, and all
deliberating bodies. He stated that, in his opinion, the Reinvestment Zone is
strictly an advisory board; therefore, the Open Meetings Act is not invoked. He
stated that the Reinvestment Zone does not have quasi-judicial powers, and the
key to the issue is whether or not it is a governmental body as defined by the
statute.
Council Member Slavik stated that the point is not what was discussed, but
the people involved.
Mr. George reiterated that the Open Meetings Act does not apply because the
Board is not a State agency; it is not Council; nor is it commissioners court,
and this is the key to the issue -- it does not have quasi-judicial powers and
it is not a rule-making board as defined in the statute.
Council Member Strong made a motion that Bill Pruet be a Council -designated
person to work with the Reinvestment Zone to facilitate a more cohesive group.
Council Member Pruet stated that he has no objection to that; his
preference is not to change the voting makeup; and that any part he would play
in support of the Board would strictly be a position of support or advisory. He
stated that it is very important that the equity of the votes as presented in
the motion is maintained.
Council Member Mendez stated that his concern was whether Mr. Pruet's
position would be advisory, and he has no qualms with Mr. Pruet serving as
advisory only.
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Council Member Guerrero questioned the reasoning for changing the structure
of,the Board of Directors, since it has no judicial powers and is only advisory.
He stated that the City Council will ultimately have the power.
Mr. George stated that the Reinvestment Zone has only as much power as the
Council authorizes. He stated that the motion before the Council gives some
direction; the ordinance creating the Reinvestment Zone must be amended to
reflect this change; each of the contracts with the different entities must also
be amended; and the Board of Directors will have to amend the by-laws.
Council Member Guerrero stated that all this motion does is pacify a bad
situation, because ultimately the City Council has the power to do whatever it
wants regarding the Reinvestment Zone.
Mayor Jones stated that the objective is to make the Reinvestment Zone work
with the active support of the other taxing entities.
Council Member Guerrero stated that the Council either gives the
Reinvestment Zone the power or does not. He stated that this is just simply
going through the motions. He referred to the recently defeated annexation and
the part the possible formation of another Reinvestment Zone played in that
defeat. Mr. Guerrero asked if this was the first step in giving the other
entities an equal say in the Reinvestment Zone.
Mayor Jones stated that that depends on how the City Council handles their
recommendations.
City Attorney George stated that the Board of Directors prepares and adopts
the Project Plan and Financing Plan, which must be submitted to the City
Council. He stated that in addition to that, the governing body may delegate to
the Board any powers or duties about the Project Plan. He stated that this
motion will equalize representation on the Board, because it is his
understanding that the other entities did not like the fact that they were
outnumbered by the Council Members who were on the Board, and that fact was made
very clear. He stated that the plan still has to be approved by the City
Council, but the Board has to vote on what plan to present, and that is the
equal representation.
Council Member Guerrero stated that Mr. Pruet
making role. He stated that there are problems
because the City Council pushed an annexation with
ment Zone. He questioned the wisdom of allowing
advisory capacity.
Mayor Jones stated that the annexation did not
Reinvestment Zone, noting that there were problems
election was an issue.
is being given the peace -
with the Reinvestment Zone
connotations of a Reinvest -
Mr. Pruet to serve in an
cause the problems with the
long before the annexation
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Regular Council Meeting
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Page 9
Council Member Guerrero reiterated that the defeat of the proposed
annexation was due to the proposed creation of the Reinvestment Zone and the
Navigation District in the area to be annexed, and that is his point.
Council Member Strong repeated her motion that Bill Pruet serve in an
advisory capacity to the Reinvestment Zone.
City Attorney George stated that an amendment to the ordinance creating the
Reinvestment Zone and amendments to the various contracts would be forth coming.
A motion was made by Council Member Pruet to approve item 16; seconded by
Council Member Mendez.
Council Member Slavik stated that she felt the County should have two
representatives, and pointed out that with 6 members on the Board, there is the
possibility of a deadlock situation on issues to be voted on.
*Council Member Berlanga arrived at 2:35 p.m.
City Manager McDowell stated that the Board of Directors will recommend a
project and finance plan to the City Council; they will probably ask for more
authority once the plan is adopted; a deadlock could occur, but the Council
would be the final authority. He pointed out that the issue was never raised
that the County wanted more representation.
Council Member Mendez gave as an example, the fact that Planning Commission
recommendations are brought before the Council that are not unanimous, but the
Council has the final authority.
There were no comments from the audience on item 16, and the motion to
approve item 16 passed unanimously.
Mrs. Strong's motion regarding Mr. Pruet was not seconded, and Mayor Jones
stated that he felt the Council could utilize any member of the Council that
they wanted.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the following item:
17. Reconvened hearing — Opening of O'Neill Street from Stone Street to First
National Boulevard.
Assistant City Manager Lontos stated that the Council, staff, and area
residents met in Flour Bluff to discuss the extension of this street; it was
concluded that there are a number of alternatives that need to be pursued in
more detail; and it is recommended that this be tabled for 30 days in order to
pursue alternatives.
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A motion was made by Council Member Guerrero that this item be tabled for
30 days; seconded by Council Member Slavik; and passed unanimously.
Council Member Slavik pointed out that the Council had received copies of a
petition regarding O'Neill Street, and Council Member Strong stated that she had
received the petitions at a meeting she had attended and had asked that the
Council be provided with copies.
* * * * * * * * * * * * *
Mayor Jones announced the public hearings on two zoning cases:
18. Application No. 786-3T, T & H Development, Inc.: For a proposed change to
the text of the City Zoning Ordinance No. 6106 as follows: Amend Article
31, Newly Annexed Territory, by amending Section 31-5 setting forth a
zoning classification of "R -1C" One -family Dwelling District on 22.95 acres
out of Lot 8, Section 19, Bohemian Colony Lands, when annexed to the City
of Corpus Christi, located south of Cedar Pass Drive and west of the stub
ends of Holly Ridge and Aspen Grove Drives.
Assistant City Manager Utter stated that of the 6 notices mailed, none were
returned in favor or opposition, and the Planning Commission and Planning Staff
recommend approval.
There were no comments from the audience; a motion was made by Mayor Pro
Tem Best that the hearing be closed; seconded by Council Member Slavik; and
passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and
Strong voting "aye"; Pruet absent at the time the vote was taken.
City Secretary Chapa polled the Council for their vote, and the following
ordinance was approved:
ORDINANCE NO. 19457
AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY,
BY ADDING TO SECTION 31-5 A SUBSECTION SETTING FORTH ZONING CLASSIFICATION OF
SAID AREA OF LAND DESCRIBED AS A PORTION OUT OF LOT 8, SECTION 19, BOHEMIAN
COLONY LANDS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet
abstaining.
* * * * * * * * * * * * *
19. Application No. 686-1, Mr. W. H. Hammonds: For a change of zoning from
"AT" Apartment -Tourist District to "AB" Professional Office District on a
0.34± acre tract of land called "Ocean Park" (between Ocean Drive and
Corpus Christi Bay) as shown by plat of Seaside Camp Meeting Grounds as
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recorded in Volume A, Page 45, of the Map Records of Nueces County, Texas,
located on the north side of Ocean Drive, between Robert Drive and Airline
Road.
Mr. Utter stated that in response to the 11 notices of the hearing, 3 were
returned in favor; 4 were returned in opposition; 5 were returned in opposition
from outside the area of notification; 2 petitions in opposition containing 45
signatures were received from outside the area of notification; and the Planning
Commission and Planning Staff recommend denial.
Mr. Utter stated that when this application was before the Planning
Commission, the staff recommended approval of a special permit with parking in
the rear, but since that time staff has met with the applicant and parking is
not possible in the rear; therefore, staff recommends denial.
Mayor Jones noted that there is not an ordinance before the Council;
therefore, a motion would be required to bring forth an ordinance.
Mr. Utter provided the Council with copies of a site plan depicting parking
in the front.
Mr. Utter stated that at the Commission hearing staff recommended "SP" for
for office use with parking in the rear, which is somewhat contrary to previous
recommendations by the staff, but the Council has, in the past, approved "SP" on
Ocean Drive. He stated that subsequently, the applicant has stated that he
cannot place parking in the rear, and the residents feel that that would be
worse than parking in the front. (For clarification purposes, front refers to
the Ocean Drive side, and rear refers to the water side of the property.)
Council Member Slavik asked what the staff's objection was.
Mr. Utter explained that staff wanted parking in the rear; historically,
staff and the Commission have opposed "SP" for "AB" uses in the area between
Robert Drive and Airline; there has been "SP" in the area, but only for
exceeding square footage requirements.
Council Member Slavik stated that in her opinion, whatever happens in this
block of Ocean Drive does not affect the rest of Ocean Drive.
Council Member Strong stated that the staff reversed their decision and
questioned why.
Mr. Utter stated that when one or two cars are parked in the front of the
house, it appears to be a residential structure, but not if there are a number
of cars. He stated that staff wants to maintain the single—family appearance
and have parking in the rear, and the site plan submitted shows parking in the
front; therefore, the staff withdrew its recommendation for "SP."
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Regular Council Meeting
August 26, 1986
Page 12
Mayor Pro Tem Best stated that Mr. Hammonds has
for 7 to 8 years, and questioned how that happened.
operated at that location
Mr. Utter stated that Mr. Hammonds said he spoke to someone at City Hall.
In response to Dr. Best's question, Mr. Utter stated that in order to
operate the bookkeeping service as it is now, Mr. Hammonds would need the
required number of parking spaces.
Mr. Larry Wenger, Director of Planning, stated that a special permit has a
provision that prohibits applying for variances to the Board of Adjustment;
therefore, a special permit must meet the parking requirement of 9 spaces and
maneuverability in the parking lot.
Mr. Wenger stated that "AT" zoning allows multi -family dwellings, hotels,
motor courts, single family dwelling, or duplex.
Council Member Strong stated that there is a possibility of having a
circle-thru driveway and cut down the trees to meet the parking requirements.
Mr. Wenger displayed the area on the zoning and land use map, described the
land use in the surrounding area, and showed slides of the vicinity.
Council Member McComb questioned the location of parking at the rear of the
property as opposed to the front of the property, and Mr. Wenger stated that as
far as the staff is concerned, the rear of the property is that part away from
Ocean Drive.
Mr. W. H. Hammonds, 4418 Ocean Drive, stated that this is the first he has
heard about the staff changing their minds regarding the special permit; at the
Planning Commission meeting he did not hear the staff say anything about parking
in the rear; he pointed out that there are four high-rise buildings in the block
that have "SP" because the buildings were too large for the lots; and he does
not want to change anything about his current operation. Mr. Hammonds stated
that he would install a fence along the front property line to screen the
parking. Mr. Hammonds provided the Council with photographs of the property.
Mr. Hammonds stated
in the rear, and then he
the rear. He noted that
that location for 3 to 5
to "AT"; and he does not
that he did not realize the expense of having parking
realized that no one else on Ocean Drive has parking in
they are reluctant to cut down the trees; he will be at
more years; if he vacates the property, it would revert
want any signs on the property.
Council Member Strong inquired if a special permit limited to a bookkeeping
service would satisfy Mr. Hammonds, and Mr. Hammonds replied in the affirmative.
Mr. Hammonds stated that the customers who go to the office are usually apart-
ment managers delivering paper work -- people do not just drop by. He stated
that there are three people working at the office on a permanent basis. He
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Regular Council Meeting
August 26, 1986
Page 13
reiterated that he would prefer to keep the trees, noting that they are probably
35 years old.
Council Member Strong inquired if the staff would recommend "SP" if the
parking requirements were met, and Mr. Utter stated that staff recommended "SP"
upfront because the use was not intrusive into the neighborhood, but staff is
not in strong opposition to "SP", assuming the parking problem could be
reconciled.
Discussion followed regarding how the parking requirements could be met,
either by cutting down the trees or construction of a circle drive.
In response to Council Member Slavik's question, Mr. Utter stated that in
order to meet the requirements of the ordinance, the property would require 9
parkings spaces; the site plan submitted shows 8 parkings spaces, and only 4 of
those have access to Ocean Drive, which is not in conformance with the
ordinance. He stated that the zoning ordinance requires 9 parking spaces and if
"SP" is granted, he cannot apply for a variance.
Council Member Slavik stated that she objected to parking on the water side
of the property.
Mr. Jack Solka, 6262 Weber, appeared representing the applicant. Mr. Solka
stated that from the comments made, it appears the trees should be saved. He
stated that the ordinance requiring the parking spaces should be changed. He
stated that it is possible to have 9 parking spaces if the trees are removed,
but he feels the trees should remain. Mr. Solka stated that for 7 years there
have been 2 parking spaces and a garage, and that has not caused any problems.
Mr. Hammonds pointed out that it was only recently that parking was
prohibited on this portion of Ocean Drive.
Mr. David Saenz, 1430 17th Street, stated that the ordinances are
confusing; Mr. Hammonds should be allowed to conduct his business; he referred
to Village on the Green Subdivision which did not meet the requirements of the
ordinance, but the City Council approved it; and the Council should make an
exception of one parking space. He mentioned the many attributes of Mr.
Hammonds, and noted that he pays one of the highest property tax in the City.
He urged the Council to approve the zoning change.
Mr. J. F. Marsters, representing The Landmark, 4500 Ocean Drive, stated
that a precedent would be set if the special permit is approved for office use.
Mr. Chip Bonner, representing Twin Dolphins Council of Co -Owners, pointed
out that there is no "AB" zoning on the water side of Ocean Drive from Spohn
Hospital to the south; the special permits that have been granted were only to
increase the amount of square footage for a condominium unit; and the site plan
submitted by the applicant does not comply with the ordinance. He stated that
this is spot zoning and urged the Council to deny the request of "AB" or a
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Regular Council Meeting
August 26, 1986
Page 14
special permit.
Council Member McComb inquired if a special permit is granted to increase
the size of the units (referring to the condominiums that have such permits on
Ocean Drive), if that in effect would reduce the number of parking spaces
required.
Mr. Wenger explained that parking for uses such as condominiums is based on
the number of bedrooms, whereas parking for a business use is 1 parking spaces
per 200 square feet of building.
Mr. McComb stated that Mr. Hammonds' business use is more desirable than a
motor court at that location, which is allowed under the current zoning.
Mr. Jim Brelan, 1110 American Bank Plaza, Somo Siete, stated that he is
opposed to business use, but is in favor of a special permit with a time limit.
A motion was made by Mayor Pro Tem Best that the hearing be closed;
seconded by Council Member Mendez; and passed as follows: Jones, Best,
Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken.
A motion was made by Council Member Pruet that "AB" zoning be denied, and
in lieu thereof grant a special permit for "AB" uses, subject to an acceptable
site plan with sufficient parking spaces; seconded by Council Member Strong.
Mr. Pruet clarified that his motion does not include a time limit.
Mr. Hammonds and Mr. Solka indicated that they could achieve the 9 parking
spaces.
In response to questions from the Council, Mr. Utter stated that there is
no "AB" zoning on the water side of Ocean Drive; in the 4600 Building there is
an "SP" for "AB"; the Yardarm Restaurant is zoned "AT", but that is allowable;
and that if the property under consideration should be sold, it would revert to
"AT."
Council Member Mendez stated that if the property changes ownership it
should revert to "AT", and Mr. Pruet stated he would consider that a friendly
amendment to his motion.
Mayor Jones stated that he is disappointed in many respects. He stated
that Mr. Hammonds knew the use he was making of the property and this is very
clearly opening office space on Ocean Drive, noting that there is a difference
between office operations on the water side and the land side. He stated that
this establishes a precedent and he will vote no on the motion.
.,inutes
Regular Council Meeting
August 26, 1986
Page 15
Council Member Strong stated that this is a cloudy issue, because the
question is whether Mr. Hammonds was given permission to conduct this business.
She noted that if this was a one-person office it would be legal. She stated
that in the 3400 block of Ocean Drive, on the water side, a doctor is operating
his office from his home and he employs one nurse. She stated that Mr.
Hammonds' business is not public and he has no signs. She stated that a
high-rise condominium is more objectionable than a single-family home used as an
office for bookkeeping purposes, and if it were her choice, there would be no
high-rises on Ocean Drive. She stated that this block of Ocean Drive is
visually ruined, and referred to the fact that the Twin Dolphins Condominum's
parking garage is 10' from the street, and this is very unattractive.
Council Member Slavik reiterated that this block of Ocean Drive is a lost
cause; she does not feel that this will set a precedent because this block of
Ocean Drive is unique; and there are all types of activities in this block. She
stated that she would rather see the house remain than condominiums built.
Council Member Berlanga stated that he concurs with Council Member Strong.
Council Member McComb stated that the trees should be saved if possible,
and Mr. Utter stated that staff will try to do this.
Council Member McComb made a friendly amendment to the original motion for
staff to diligently try to save the trees.
Mayor Jones pointed out that Mr. McComb's friendly amendment was not
intended to violate the ordinances.
Mayor Jones repeated the motion to grant a special permit for "AB" uses as
they exist today, subject to an acceptable site plan and continued ownership by
Mr. Hammonds.
The motion passed as follows: Best, Berlanga, McComb, Mendez, Pruet,
Slavik, and Strong voting "aye"; Jones voting "no"; Guerrero absent at the time
the vote was taken.
Mr. Utter stated that Mr. Chip Bonner had quoted staff as saying that this
would be spot zoning. He clarified that staff feels that a special permit is
not spot zoning.
Mr. Utter stated that when the site plan is received by staff, an ordinance
will be placed on the agenda.
* * * * * * * * * * * * *
Mayor Jones called for petitions from the audience.
Mr. Joseph T. Dawson stated that he had been contacted by Mr. James Conn,
Petroleum Superintendent, relative to his drilling application to drill in State
_.mutes
Regular Council Meeting
August 26, 1986
Page 16
Tract 8. He stated that this application was before the Bay Drilling Committee
in January; it was approved; but the application must also be processed by five
other agencies. He asked that the Council grant him permission to drill today,
because a delay would cost him $7,000 per day.
City Manager McDowell stated that the only problem is that staff did not
have time to post this as an agenda item. He stated that Council can authorize
him to drill and officially take action next week.
City Attorney George
take action on items, two
must be given. He stated
Council, at one time, gave
that they are at risk. He
staff had suggested to Mr.
stated that in order for the Council to consider and
hours' notice prior to the beginning of the meeting
that Mr. Dawson is in a financial bind, and that the
permission to Exxon to proceed with drilling knowing
stated that this will be on the agenda next week, but
Dawson that he appear before the Council.
Assistant City Manager Hennings stated that the Bay Drilling Committee
recommended approval on January 29, 1986, and the staff has no problem with
this.
A motion was made by Council Member McComb that Mr. Dawson be allowed to
proceed and confirmation would be made next week; seconded by Council Member
Slavik; and passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet,
Slavik, and Strong voting "aye"; Guerrero absent at the time the vote was taken.
Ms. Jan Henderson, 716 Avondale, referred to problems at 4501 Up River Road
where an individual (Mr. Bruce Easter) is illegally selling cars. She stated
that this complaint was heard in Municipal Court; Mr. Easter was placed on
probation until November; and if he sells cars, the entire process would have to
start again. She stated that the zoning laws need to be changed because they do
not address what can or cannot be done in a situation like this.
Mayor Jones asked for a report on this, and Mr. McDowell stated that staff
could provide an oral report at this time.
City Attorney George stated that a complaint was filed in Municipal Court;
the Judge was under the impression that it would be better to place Mr. Easter
on 90 days probation rather than fine him $200, because then the City would have
control for 90 days.
In response to a question from Mayor Jones, Mr. George stated that the
maximum fine for misdemeanor offenses would be raised from $200 to $1000
some time in September.
Mrs. Hoskins, 718 Avondale, stated that Mr. Easter is now making threats
against her because she has a Christmas display, and is also making threats
against Ms. Henderson.
.._.rotes
Regular Council Meeting
August 26, 1986
Page 17
It was clarified that Mrs. Hoskins Christmas display does not violate any
zoning laws.
Ms. Myrna Curnett, 738 Avondale, stated that a building inspector had been
to her home because she had a bus in her driveway. She stated that Mr. Easter
had reported the bus because her son was living in it. She stated that she
would like the business stopped at 4501 Up River Road.
Mayor Jones stated that everyone must comply with the law.
Ms. Gail Hoffman and Mr. Armando Avalos, Corpus Christi Arts Council,
presented a 1986 Bayfest poster to the Council.
Council Member Strong stated that the original painting of the
Sesquicentennial poster is for sale and all proceeds will go to the Sesqui-
centennial Commission. She asked that the Council, as private individuals,
purchase the painting and donate it to the City for the new City Hall. She
stated that it would cost $110 per person, and the Sesquicentennial Commission,
with the proceeds, will donate something to the City, perhaps a fountain.
There being no further business to come before the Council, on motion by
Mayor Pro Tem Best, seconded by Council Member Berlanga and passed unanimously,
the meeting adjourned at 4:30 p.m., August 26, 1986.
/td
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 August
26, 1986, which were approved by the City Council on September 2, 1986.
WITNESSETH MY HAND AND SEAL, this the O* day of
LutJoneK MAYOR
61icf04.. - /98c
Armando Chapa City Secretary
City of Corpus Christi, Texas