HomeMy WebLinkAboutMinutes City Council - 09/23/1986MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
SEPTEMBER 23, 1986
2:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Dr. Jack Best
Hall.
Council Members:
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
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
The invocation was given by Monsignor Patrick Higgins of St. Patrick's
Catholic Church, following which the Pledge of Allegiance to the Flag of the
United States was led by Council Member Linda 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 Slavik that the minutes of the Regular
Council Meeting of September 16, 1986, be approved as presented; seconded by
Council Member Guerrero; and passed unanimously.
* * * * * * * *
Mayor Jones announced the presentation of resolutions commending Lozano
Special Emphasis School and Shaw Special Emphasis School, both of the Corpus
Christi Independent School District, and St. Patrick School, a Catholic School,
for their national recognition as outstanding elementary schools in the United
States.
MICROFILMED
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Regular Council Meeting
September 23, 1986
Page 2
City Secretary Chapa polled the Council for their votes on the three
resolutions and the following passed:
RESOLUTION NO. 19485:
THAT THE CITY COUNCIL ON BEHALF OF THE ENTIRE COMMUNITY, COMMENDS AND
CONGRATULATES LOZANO SPECIAL EMPHASIS SCHOOL, ITS STUDENTS AND THEIR FAMILIES,
AND ITS TEACHERS, ADMINISTRATORS AND SUPPORT STAFF, AND THE CORPUS CHRISTI
INDEPENDENT SCHOOL DISTRICT, FOR THE PRESIDENTIAL EXCELLENCE IN EDUCATION AWARD
RECEIVED FROM PRESIDENT RONALD REAGAN AT A SPECIAL WHITE HOUSE CEREMONY.
The Charter Rule was suspended and the resolution passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
"Aye".
RESOLUTION NO. 19486
THAT THE CITY COUNCIL ON BEHALF OF THE ENTIRE COMMUNITY, COMMENDS AND
CONGRATULATES SHAW SPECIAL EMPHASIS SCHOOL, ITS STUDENTS AND THEIR FAMILIES, AND
ITS TEACHERS, ADMINISTRATORS AND SUPPORT STAFF, AND THE CORPUS CHRISTI
INDEPENDENT SCHOOL DISTRICT, FOR THE PRESIDENTIAL EXCELLENCE IN EDUCATION AWARD
RECEIVED FROM PRESIDENT RONALD REAGAN AT A SPECIAL WHITE HOUSE CEREMONY.
The Charter Rule was suspended and the resolution passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
"Aye".
RESOLUTION NO. 19487
THAT THE CITY COUNCIL ON BEHALF OF THE ENTIRE COMMUNITY, COMMENDS AND
CONGRATULATES ST. PATRICK SCHOOL, ITS STUDENTS AND THEIR FAMILIES, AND ITS
TEACHERS, ADMINISTRATORS AND SUPPORT STAFF, AND THE CORPUS CHRISTI INDEPENDENT
SCHOOL DISTRICT, FOR THE PRESIDENTIAL EXCELLENCE IN EDUCATION AWARD RECEIVED
FROM PRESIDENT RONALD REAGAN AT A SPECIAL WHITE HOUSE CEREMONY.
The Charter Rule was suspended and the resolution passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
"Aye".
Mayor Jones then called on Ms. Maggie Ramirez, Principal of Lozano Special
Emphasis School, to receive their resolution.
Ms. Ramirez provided the Council with a brief sequence of events in the
filing of their application which led to their school receiving the honor and
stated that this City is most fortunate in having three schools in Corpus
Christi selected for this award. She then introduced representatives of Lozano
Special Emphasis School who were present in the audience.
Mayor Jones then read the resolution.
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Regular Council Meeting
September 23, 1986
Page 3
Mayor Jones read and presented a resolution to Ms. Terry Alaniz, Principal
of Shaw Special Emphasis School.
Ms. Alaniz stated that they were very proud of their school for being
honored with this award. She, too, introduced representatives of their school
who were present.
Mayor Jones then presented a resolution to Sister Patrice Floyd, Principal
of St. Patrick's School, and other representatives.
Mayor Jones announced the presentation of a resolution expressing the City
Council's support of the Port of Corpus Christi People's Program.
City Secretary Chapa polled the Council for their vote and the following
was passed:
RESOLUTION NO. 19488:
THAT THE CITY COUNCIL COMMENDS AND SUPPORTS THE PLANS OF THE PORT OF CORPUS
CHRISTI TO ESTABLISH A "PEOPLES PROGRAM" ON CARGO DOCKS 1 AND 2.
The Charter Rule was suspended and the resolution passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
"Aye".
Mayor Jones then read and presented the resolution to Mr. Harry Plomarity,
Executive Director for the Port of Corpus Christi Authority.
Mr. Plomarity expressed appreciation to the Council for their support and
cooperation with the Port.
Mayor Jones announced the presentation of t -shirts to the Council by
representatives of Bayfest '86 and stated that this is the 10th annual Bayfest
celebration in the City of Corpus Christi; this activity is not only an
attraction for the entire community but an opportunity to bring the citizens
together; and expressed appreciation to Ms. Suzanne Anthony and Cindy Kroeger,
Co -Chairpersons for Bayfest '86.
Ms. Anthony and Ms. Kroeger presented the Council with Bayfest '86 t -shirts
and expressed appreciation to the Council for their support and cooperation in
assisting them make this the best Bayfest celebration ever.
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Regular Council Meeting
September 23, 1986
Page 4
Mayor Jones referred to the supplemental agenda on the following item
pertaining to the Bayfest Celebration:
23a. Authorizing "Sky's the Limit" to perform parachutist jumps from an
airplane onto the area of the Bayfront Convention Center on Sunday,
September 28, 1986, as a part of Bayfest ceremonies, subject to submission
of a Certificate of Insurance policy in the total amount of $1,000,000
indemnifying the City from any damages.
A motion was made by Council Member Strong that the Council approve the
recommendation, seconded by Council Member Pruet, and passed unanimously.
City Secretary Chapa polled the Council for their vote on the ordinance as
follows:
23a. ORDINANCE NO. 19502:
AUTHORIZING SKY'S THE LIMIT, P.C., TO CONDUCT A PARACHUTE JUMP ON SEPTEMBER
28, 1986, IN CONNECTION WITH BAYFEST OPENING CEREMONIES; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
"Aye".
Mayor Jones administered the Oath of Office to Dr. Glen Edmond Kost, a new
appointee to the Sister City Committee.
* * * * * * * *
Mayor Jones then announced the presentation of a conceptual drawing of the
Aquarium Building by the Corpus Christi Aquarium Association.
Mr. John Dorn, President of the Corpus Christi Aquarium Association,
provided the Council with a brief history of the Aquarium and presented to the
Council the artist's rendition of the State Aquarium. He stated that the
concept calls for a larger building; they have plans for a heavily landscaped
park; and the project will be constructed with bond funds and from solicitations
and pledges. He informed the Council of their formation of their Fund-raising
Council that will take care of all solicitations and stated that the members'
names will be announced during the Press Conference in April. Mr. Dorn stated
that they are well along in approaching their goal for their project; explained
their plans to participate in several activities during Bayfest Celebration; and
that on Thursday, September 25th, they will be kicking off their "Friends of the
Aquarium" with a signup display booth. He stated that they hoped the Council
will be able to join in the event.
Mayor Jones thanked Mr. Dorn for appearing before the Council and bringing
them up to date with information on the Aquarium and invited Mr. Dorn to come
before the Council to update them on their future plans.
* * * * * * * *
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Regular Council Meeting
September 23, 1986
Page 5
Mayor Jones called for consideration of the Consent Motions, Items 1
through 9.
1. 1486-0400
Approving a supply agreement for approximately 8,000 gallons of hydraulic
oil to Industrial Lubricants based on low bid of $12,480. 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. This item is for the
Maintenance Services Department to be used by appropriate City Divisions.
Seventeen bid invitations were issued and three bids were received. Prices
have decreased approximately 15% from the last contract of May, 1985.
2. M86-0401:
Approving a supply agreement for large lamps, including incandescent,
flourescent, high intensity discharge, quartz, projector, airport, and
energy efficient lamps, with Consolidated Electric Distributors based on
best bid for an expenditure of $35,950. 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. Fifteen bid invitations were issued and six
bids were received. Prices have decreased approximately 14% from last
contract of July, 1984.
3. M86-0402:
Approval of specifications and authorization to receive bids for traffic
signal "system coordination" equipment for the interconnection of existing
signalized intersections on Kostoryz Road, Weber Road, Doddridge Street and
Ocean Drive. These items will be for Traffic Engineering Division's Stage
II Traffic Signal Capital Improvement Program. Estimated expenditure is
$288,000 with funds budgeted in the 1982 Street Bond Fund.
4. M86-0403:
Authorizing acquisition of two parcels of land (#1, #3) located at the
northeast corners of Padre Island Drive and Cliff Maus (#1, Tract A), the
southeast corner of Padre Island Drive and West Point Road (#1, Tract B)
and the southwest corner of Padre Island Drive and Old Brownsville Road
(#3) at a cost of $10,750 for the Padre Island Drive - Bush to Agnes
Improvements.
5. M86-0404:
Authorizing acquisition of a parcel of land (#5) located at the southeast
intersection of Ayers and McArdle Road at a cost of $6,900 for the McArdle
Road - Ayers to Carroll Lane Street Improvements project.
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Regular Council Meeting
September 23, 1986
Page 6
6. M86-0405:
Authorizing acquisition of a parcel of land (#6) located between Leopard
Street and Princess Drive at a cost of $2,000 for the Turkey Creek Drainage
Improvements project.
7. M86-0406:
Accepting the Westside Wastewater Treatment Plant Interim Improvements,
which included construction of a supernatant pond, and authorizing final
payment in the amount of $21,028.02 to Stefek Construction Company.
8. Item Tabled:
Tabled Zoning Application No. 586-1, Mr. Faires P. Wade: For a change of
zoning from "R -1B" One -family Dwelling District to "AB" Professional Office
District on Lot 2, Block 35, Windsor Park Unit 4.
The City Council heard this request on July 22, 1986, at which time they
tabled the application for 60 days to give the applicant time to obtain
access to his property from Everhart Road via his neighbor's lot.
Mayor Jones referred to Item 8, Tabled Zoning Application No. 5186-1, Mr.
Faires P. Wade, and inquired of Mr. Larry Wenger, Director of Planning, about
the Council's option on this item.
Mr. Wenger informed the Council that they could either approve some
amendment or deviation of what was submitted earlier or table the item for
additional time, adding that Mr. Wade has not been able to work out an agreement
with his neighbor.
Mr. Faires P. Wade stated he has been unable to work out an agreement with
his neighbor because he has been on vacation. He stated that the problem could
be solved if he could get permission to obtain access from Everhart Road via the
neighbor's property; it is creating a near traffic hazard within the lot; and
that he has given his neighbor the option to purchase his lot but Dr. Polk has
shown very little interest.
Mayor Jones asked about the Planning Commission and Planning Staff's
recommendation, and Mr. Wenger informed the Council that the Planning Commission
recommended denial of "AB" and in lieu thereof grant a special permit for an
attorney's office, and that the Planning Staff recommends denial of "AB" and in
lieu thereof recommends a special permit for a law office limited to use by two
attorneys with the provision that access be from Everhart Road only.
Further discussion followed on this.
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Regular Council Meeting
September 23, 1986
Page 7
A motion was made by Council Member Mendez that the Council delay action on
this case for 30 days in order to allow Mr. Wade an opportunity to discuss the
possibility of obtaining access through Everhart Road, seconded by Council
Member Berlanga and passed as follows: Jones, Best, Berlanga, McComb, Mendez,
Pruet and Slavik voting, "Aye"; Guerrero and Strong, absent at the vote was
taken.
Mayor Jones called for comments from the audience on the Consent Motions,
and there was no response.
A motion was made by Council Member Mendez that Consent Motions, Items 1
through 9 be approved, seconded by Council Member Strong.
Assistant City Secretary Zahn pointed out to the Council that the Item 17,
scheduling a public hearing on October 14, 1986, on the closure request of a
20 -foot wide, unopened alley in Block 59, Brooklyn Addition, was listed under
Consent Ordinances but should actually be considered as a motion.
A motion was made by Council Member Strong that item 17 be included as a
Consent Motion, seconded by Council Member Mendez and passed unanimously.
9a. M86-0408:
Scheduling a public hearing on October 14, 1986, on the closure request of
a 20 -foot wide, unopened alley in Block 59, Brooklyn Addition.
Mayor Jones called for the vote on the Consent Motions, including item 9a,
and it passed unanimously.
Mayor Jones called for consideration of the Consent Ordinances, Items 10
through 23, with the exception of item 17 which was considered earlier as a
motion.
There were no comments from the Council or the audience; Assistant City
Secretary Zahn polled the Council for their vote; and the following ordinances
were approved:
10. ORDINANCE NO. 19489:
AUTHORIZING THE EXECUTION OF A CONTRACT WITH BILL N. JOHNSON, INC. FOR
PILING REMOVAL ON CORPUS CHRISTI BEACH AND PILING REPLACEMENT IN THE CITY
MARINA; APPROPRIATING $20,750; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
"Aye".
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Regular Council Meeting
September 23, 1986
Page 8
11. ORDINANCE NO. 19490:
APPROPRIATING $70,000 OUT OF NO. 205 WATER BOND FUND FOR ADDITIONAL FUNDING
FOR FINAL PAYMENT INCLUDING RETAINAGE INTEREST TO DELTA UTILITIES; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
"Aye"
12. ORDINANCE NO. 19491:
AUTHORIZING THE EXECUTION OF A CONTRACT WITH CLAUDE CHAPMAN CONSTRUCTION
COMPANY PROVIDING FOR THE INSTALLATION OF SANITARY SEWER LATERAL LINES IN
FLOUR BLUFF DRIVE, LYNHURST, WOODCREST, SENTINEL, ORANGE, CRESTMONT,
SUNNYCREST AND PECAN STREETS IN THE WESTERN PORTION OF THE DON PATRICIO
SUBDIVISION; APPROPRIATING $486,000; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
"Aye".
13. ORDINANCE NO. 19492:
APPROPRIATING $5,000 OUT OF THE NO. 220 STREET BOND FUND PROJECT NO.
220-82-11.2, SCHOOL SIDEWALK, PHASE II, FOR CHANGE ORDER NO. 2 WHICH
INCLUDES THE CONSTRUCTION OF APPROXIMATELY 408 LINEAR FEET OF SIDEWALK ON
BELMEADE DRIVE ALONG CULLEN PARK ADJACENT TO CULLEN JUNIOR HIGH SCHOOL; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
"Aye".
14. ORDINANCE NO. 19493:
APPROPRIATING $5,000 OUT OF THE NO. 295 STORM SEWER BOND FUND PROVIDING FOR
CHANGE ORDER NO. 4 WHICH INCLUDES REPAIRS TO THE IMPELLER AND FIBERGLASS
SUCTION BELL OF PUMP NO. 2, OUT OF PROJECT NO. 295-77-2.1, FOR DOWNTOWN
PUMP STATION "A" REPAIRS, PHASE II; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
"Aye".
15. ORDINANCE NO. 19494:
APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR
THE IMPROVEMENT OF THE FOLLOWING STREET:
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Regular Council Meeting
September 23, 1986
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Furman School Area, Phase IV
1. Morris Avenue, Mary Street and Marguerite Street, from Crosstown to
10th Street;
2. 10th Street, from Mary Street to Laredo Street;
3. llth Street, from Morris Avenue to Mary Street;
4. 12th Street, from Morris Avenue to Laredo Street;
5. 14th Street, from Morris Avenue to Marguerite Street, and
6. Sam Rankin Street, from Lipan Street to Mestina Street.
DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING
PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING
ON THE PRELIMINARY ROLL DURING THE REGULAR 2:00 P.M. COUNCIL MEETING,
OCTOBER 21, 1986, IN THE COUNCIL CHAMBERS, CITY HALL, 302 SOUTH SHORELINE
BOULEVARD; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
"Aye".
16. ORDINANCE NO. 19495:
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF:
Furman School Area, Phase IV
1. Morris Avenue, Mary Street and Marguerite Street, from Crosstown to
10th Street;
2. 10th Street, from Mary Street to Laredo Street;
3. llth Street, from Morris Avenue to Mary Street;
4. 12th Street, from Morris Avenue to Laredo Street;
5. 14th Street, from Morris Avenue to Marguerite Street, and
6. Sam Rankin Street, from Lipan Street to Mestina Street.
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
"Aye".
17. (This item was considered as a motion)
18. ORDINANCE NO. 19496:
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS:
Tiger Lane
Tiger Lane, from Weber Road to Flynn Parkway;
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Regular Council Meeting
September 23, 1986
Page 10
FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
"Aye".
19. THIRD READING - ORDINANCE NO. 19497:
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 third time and passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
"Aye".
20. THIRD READING - ORDINANCE NO. 19498:
AN ORDINANCE AMENDING THE CORPUS CHRISTI ZONING ORDINANCE, AS AMENDED, NO.
6106, ADOPTED THE 27TH DAY OF AUGUST, 1937, BY INCREASING THE FINE FOR THE
VIOLATION THEREOF TO $1,000; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The ordinance was read for the third time and passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
"Aye".
21. THIRD READING - ORDINANCE NO. 19499:
CLOSING A PORTION OF WACO STREET FROM LIPAN STREET TO MESTINA STREET
BETWEEN BLOCKS 26 AND 41, BLUFF PORTION; SUBJECT TO ANY ONE OF THE
CONDITIONS LISTED IN THE ORDINANCE.
The ordinance was read for the third time and passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
"Aye".
22. THIRD READING - ORDINANCE NO. 19500:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN
THE CITY OF CORPUS CHRISTI AND T & H DEVELOPMENT FOR THE ANNEXATION OF
APPROXIMATELY 22.95 ACRES OF LAND BEING A PORTION OUT OF LOT 8, SECTION 19,
BOHEMIAN COLONY LANDS, 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.
Minutes
Regular Council Meeting
September 23, 1986
Page 11
The ordinance was read for the third time and passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Slavik and Strong voting, "Aye";
Pruet, "abstaining".
23. ORDINANCE NO. 19501:
ANNEXING A 22.95 ACRE TRACT OF LAND OUT OF LOT 8, SECTION 19, BOHEMIAN
COLONY LANDS, OWNED BY T & H DEVELOPMENT; 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".
* * * * * * * *
Mayor Jones called for consideration of the following item:
24. M86-0409:
Approving the plans and specifications for the Water Garden and parking
facility project in the Bayfront Arts and Science Park.
Assistant City Manager Bill Hennings displayed a conceptual sketch of the
water garden project and stated that the preliminary design was approved by the
City Council some time ago. He stated that the City Council approved an
increase in the project budget from $2 million to $2,147,000, of which the City
is obligated to pay 50% and the Foundation for Science and Art is obligated to
pay 50%; the plans and specifications have been completed by Wisznia and
Peterson Architects; the City Charter requires that the plans and specifications
be approved by the City Council before bids are received; and if the Council
approves same, it will be the Staff's recommendation to advertise for bids with
the bid opening date of October 29th, after a prebid conference on October 20.
Mr. Hennings continued by stating that based on the current estimate, the
City's share would be $1,268,000, an increase of $194,500 above the present
commitment and that the City's portion will come from the Convention Center Bond
Fund. Mr. Hennings cited several reasons for the increase in the amount of the
project.
Mayor Jones called for comments from the audience.
Mr. Edwin Singer stated that the proposed Water Garden will be a worthwhile
project because it will benefit the entire community; it is designed to expose
everybody to the cultural institutes that are around it; and urged the Council's
approval of the project so that they can move forward with their plans.
Minutes
Regular Council Meeting
September 23, 1986
Page 12
Mrs. Patsy Singer, 3642 Aransas, expressed the opinion that this is a most
exciting project; they discussed the possibility of eliminating some of the
parking spaces to cut back on the increased cost; but could not envision
eliminating things and having a worthwhile project on completion. Mrs. Singer
urged the Council's approval on the project.
Mr. Walter Wisznia, 3410 Ocean Drive, stated that they have worked on this
project for many years; it is a most exciting project; the consultants who have
been working on this have performed this kind of work throughout the Country and
they have stated that this is one of the best projects they have worked on; and
hoped that the Council will approve this concept.
Council Member Slavik inquired if there would be adequate parking provided
to serve the facilities in the area, and Assistant City Manager Hennings stated
that there will be more than enough lighted parking spaces to serve the area.
There were no further comments from the audience.
A motion was made by Council Member Guerrero that the Council approve the
Staff's recommendation, seconded by Mayor Pro Tem Best and passed unanimously.
Mayor Jones called for consideration of Action by Ordinance from the
Regular Agenda on the following item:
25. Second Reading - amending the Code of Ordinances, City of Corpus Christi,
1976 Revision, by adding to "Chapter 39, Personnel, Art. I, In General,"
governing political activities of City employees accept those otherwise
regulated by State law.
Council Member Berlanga stated that City Attorney Hal George had made a
statement during the morning Workshop Meeting concerning the validity of a City
employee running for office and whether or not he would have to resign from his
position, and City Attorney George clarified that the statement was concerning
whether a City employee would have to resign his position if elected to office,
adding that he would provide a legal opinion in writing at a later date.
There were no comments from the audience on the ordinance; City Secretary
Chapa polled the Council for their vote and the following was approved:
25. SECOND READING:
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1986 REVISION BY
ADDING TO "CHAPTER 39, PERSONNEL, ART. I, IN GENERAL," A PROVISION
GOVERNING POLITICAL ACTIVITIES OF CITY EMPLOYEES EXCEPT THOSE OTHERWISE
REGULATED BY STATE LAW; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
PUBLICATION.
Minutes
Regular Council Meeting
September 23, 1986
Page 13
The ordinance was read for the second time and passed to its third reading
as follows: 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 hearing on two zoning cases:
26. Application No. 886-5, Smith and Clower: For a change of zoning from "A-2"
Apartment House District with an "SP" Special Permit to "AB" Professional
Office District on Lots 1, 2, and 3, Block I, Ocean View Addition, located
on the southwest corner of Morgan Avenue and Ocean Drive.
Larry Wenger, Director of Planning, stated that in response to the 8
notices of the public hearing, 4 in favor and 1 in opposition had been returned,
and that the Planning Commission and Planning Staff recommend denial, and in
lieu thereof grant a revised special permit for a non-medical office with the
following five conditions: (1) that the driveway access to Ocean Drive and
Morgan Avenue be prohibited, allowing alley access only and requiring that any
existing driveways be closed; (2) that a 20' landscaped setback along Ocean
Drive be provided within which parking will be prohibited; (3) that no
freestanding signs be permitted; (4) that the City's parking requirement be met
with no exception; and (5) that a 3' landscape screen be provided along Morgan
Avenue.
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.
Mayor Jones inquired about the number of stories high this building could
be constructed under this recommendation, and Mr. Wenger replied that they plan
a parking facility underneath the structure.
Council Member McComb inquired about the reason for excluding non-medical
office and Mr. Wenger replied that medical offices would require more parking.
Council Member Slavik inquired about the number of office buildings that
exist on Ocean Drive in that particular area and how the applicants propose to
screen the parking.
Mr. Wenger replied that the applicants propose a landscape buffer but that
the top of the cars would still be visible from Ocean Drive and that this would
be the only office building on Ocean Drive in this area.
Council Member Berlanga inquired about the number of parking spaces
required for this business, and Mr. Wenger replied that it would require a total
of 36 parking spaces.
Mayor Jones called for comments from the audience, and there was no
response.
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Regular Council Meeting
September 23, 1986
Page 14
A motion was made by Council Member Mendez that the hearing be closed,
seconded by Council Member Strong and passed unanimously.
Council Member Slavik inquired about the number of houses that are proposed
to be demolished in order to accommodate this facility, and Mr. Wenger replied
that three houses fronting on Ocean Drive and one in the rear will be
demolished.
A motion was made by Council Member Guerrero that the Council concur with
the Planning Commission's recommendation, seconded by Council Member Strong.
City Secretary Chapa polled the Council for their vote on the ordinance and
the following was passed:
26. ORDINANCE NO. 19503:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SMITH AND CLOWER BY
GRANTING A SPECIAL COUNCIL PERMIT FOR A NON-MEDICAL OFFICE BUILDING ON LOTS
1, 2, AND 3, BLOCK I, OCEAN VIEW ADDITION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
"Aye".
27. Application No. 886-4, Mdlles. Marcia A. and Gloria I. Caravantes: For a
change of zoning from "R -1B" One -family Dwelling District to "B-1"
Neighborhood Business District on Lots 9 and H, Block 2, Laughlin Addition,
located on the southwest corner of Carroll Lane and Brawner Parkway.
Mr. Wenger stated that in response to the 14 notices of the public hearing,
3 in favor and 3 plus 2 petitions with 48 signatures 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, and showed slides of the vicinity, stating
that the requested zoning change would allow a business intrusion into an
established residential neighborhood and that furthermore, business zoning is
not appropriate at the intersection of a collector and local street.
Mayor Jones called on the applicant to speak.
Ms. Gloria Caravantes, 4202 Dayton Place, presented the Council with
photographs of the property in question and showed their own personal slides of
the vicinity. She stated that they are in the food catering business and the
Minutes
Regular Council Meeting
September 23, 1986
Page 15
requested zoning change would allow them to operate from this location, an
executive office, and a meeting room to be used only on reservation basis. She
pointed out that the subdivision in which the property is located has no deed
restrictions and that it is their desire to purchase a location rather than
lease because unlike many other business, a lease termination would prove to be
very costly for them. She expressed the opinion that no additional traffic will
be generated; there are no school crossings at the corner of the property to be
purchased; and that a large part of their business will be on weekends only.
Ms. Caravantes stated that the person circulating the petitions resides eleven
houses down from Carroll and Brawner Parkway and that the petitions contained
signatures from people residing beyond Brawner Parkway and Kostoryz Street. She
continued by stating that when calling on persons that had signed the petition,
she had found out that people had been misinformed about the type of business
that is being proposed at the subject property. Ms. Caravantes presented the
Council with a letter from a person who had signed the petition who had reversed
her decision. She further stated that they feel very strongly that the business
project is compatible; they have no intention of being an intrusion into the
neighborhood; and expressed appreciation to the Planning Staff and City
Secretary's Office for their assistance in providing them with information.
Council Member Strong inquired of Mr. Wenger if there would still be any
objection to this request if the application had come before the Council without
the meeting room, and Mr. Wenger replied that there would still be objections to
business use for the area.
Council Member Strong inquired of Ms. Caravantes about the number of
employees they now have, and Ms. Caravantes informed the Council that they do
not have any people on the premise working at this time; they have been
operating from other kitchens but need one of their own; and pointed out that
estimated vehicle count of 182 vehicle trips per day has been estimated for
another business that might be placed in case their business ceases to operate.
Council Member Berlanga agreed with Ms. Caravantes' statement that people
had been misinformed about the type of operation they propose. He stated that
he had understood that the applicants would be catering to students in
elementary schools. He expressed concern that this type of business would be an
intrusion into a residential neighborhood but expressed the opinion that he did
not see how this business could be a detriment. He stated that he felt he would
be very much in favor of supporting their request.
Council Member Slavik pointed out that the idea of a special permit was not
even discussed during the Planning Commission Meeting and inquired as to the
reason for this.
Mr. Wenger informed the Council that the reason for this was because after
reviewing the information that was presented, it was the Planning Commission's
opinion that if the zoning were to be changed, this would set a precedent as
this business would be a definite intrusion into a residential area; if the
.4inutes
Regular Council Meeting
September 23, 1986
Page 16
special permit for the business use were approved, it is still a business use;
the only way the Council could go with a special permit is to add other
conditions to it; and the special permit would still be valid with the property
for a catering use.
Council Member Guerrero expressed the opinion in that a catering business
is still considered a restaurant business because this type of business creates
odors; trash accumulated will be the same as that of a restaurant; a meeting
room is proposed for the property which generates traffic into a residential
area; and this cannot be allowed in a predominantly residential area.
Ms. Ellen Angel, Browning Brothers, displayed an artist's rendering of the
proposed project and informed the Council that the existing structure would be
renovated; provided the Council with the dimensions of the meeting room; there
will be a small office and storage area; and also a garage on the property to
store large tables, chairs, vehicles, etc.
Ms. Frances Reeves, 1333 Cambridge Drive, urged that the Council consider
their application and approve the requested zoning to permit the use of this
property for the Caravantes' business.
Ms. Linda Pyle, 5309 Bromley, spoke in favor of the application, stating
that the proposed business would be an enhancement to the neighborhood and
expressing the opinion that the traffic flow would not be increased because the
receptions held in the meeting area would be for small groups only.
Mrs. Sarah Nesbitt, 618 Meadowbrook, urged that the Council consider
approving the application as the business would provide jobs for people who need
the extra income such as herself and her family. In regard to Mr. Guerrero's
concern about the odors and trash, Mrs. Nesbitt stated that there will not be
any offensive odors that one can expect from a restaurant as such; food that
will be prepared there will be primarily party food; and they are careful with
their trash. She stated that the Caravantes' will be providing a meeting room
at a reasonable price; the room will provide an entertainment atmosphere; and
asked that the Council consider this application in a positive manner.
Mr. Gary Pearce, 417 Santa Monica, stated that Gloria and Marcia Caravantes
had begun their business on the conception of an idea that the catering business
has become a need; they would like to own their on location and operate from
that location; and the offer of the purchase of property will be accepted
pending the zoning change. Mr. Pearce urged that the Council support the
special permit to allow the applicants to proceed with their business.
Mr. Paul Gary, 215 Mitchell, stated that he has known the Caravantes for
quite some time. He expressed the opinion that any improvements to the property
in question will be a vast improvement for the area; there are a number of
junked cars in the area; and added that there are some nice houses around there
but the property is an eyesore. He stated that he understood the Council's
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Regular Council Meeting
September 23, 1986
Page 17
position in an attempt to maintain the residential zoning, but the business
proposed will not be a restaurant but a catering business. Mr. Gary summarized
by stating that he hoped the Council would consider voting in favor of the
application.
Ms. Gloria Caravantes spoke again and stated that she only wished that they
had the time to contact all of the people who had signed the petitions, even
though they did not live within the 200' area, and inform them of their plans.
Mayor Jones then asked about the number of people in the audience in favor
of the application, and about twenty people stood up.
Ms. Margaret Russell, 74 Lakeshore, stated that she has known the
Caravantes' for a long time; they are wonderful people; and expressed the
opinion that any improvements the applicants will provide the area will
certainly be enhancement.
Mayor Jones then called for those who wished to speak in opposition to the
application.
Ms. Corina Gonzalez, 3430 Brawner, presented the Council with copies of the
petition that had been submitted to the Planning Commission. She stated that
the people signing the petition are the ones that will be directly affected if
this application is approved. Ms. Gonzalez referred to the transparency and
pointed out the area in which she had circulated the petitions. She expressed
the opinion that the proposed change will be an intrusion into the neighborhood.
She stated that if the Council allows the applicants to conduct their business
at this location, they will be setting a precedent. She made the Council aware
of the nearby school and stated that the reason the property had been for sale
for a long time was because it was advertised for commercial use.
Mr. David De Los Santos, 3529 Brawner, expressed the opinion that there are
other locations where the applicants can establish their place of business. He
stated that the property in question was being sold for $100,000 and concurred
with Ms. Gonzalez that it was advertised for commercial use. He pointed out
that the Circle K operation, which is near the proposed business, already has
people that congregate in their parking lot to drink beer they have purchased
there and expressed the opinion that this would only encourage those people to
move into the proposed business parking lot. Mr. De Los Santos stated that he
is concerned about this and the traffic that will be generated because most of
the people that reside in the area have small children.
Mayor Pro Tem Best stated that he felt the property is in poor shape and
expressed the opinion that what the Caravantes' were proposing to do with the
property would certainly be an improvement for the area and to Mr. De Los
Santos' advantage as it would enhance the value of their property.
Minutes
Regular Council Meeting
September 23, 1986
Page 18
Mr. De Los Santos replied that he had no problem with the property being
sold if it were to be sold for residential use only. He expressed concern about
the special permit use in case the catering business that is being proposed were
to close.
Mr. Jack Reichenstein, 3426 Brawner, expressed the opinion that the Council
would be setting a precedent if the property is zoned for business. He pointed
out several instances where requests had been denied for other uses in the area
and hoped that the Council would not approve the application and allow the
property to remain zoned for residential only.
Council Member Berlanga inquired of Mr. Reichenstein whether his concern
was mostly for the traffic or for devaluation of the property in the area, and
Mr. Reichenstein replied that if the property were to be rezoned, it would be
setting a precedent and would be that much easier for other property owners to
ask for rezoning.
Ms. Elizabeth De Los Santos, stated that she did not live in the
neighborhood but did have four nieces and nephews who did; her concern is for
the safety of the children; there will be some traffic generated; and that
children have already been hurt. She urged that the Council not approve the
application and that the property remain zoned for residential use.
There were no further comments from the audience.
A motion was made by Council Member Guerrero that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
Mayor Jones stated that he has driven by the subject property; this is a
case of what is good zoning and what is not; and that in his opinion, the issue
of placing a business of any kind in any parkway is wrong and he cannot support
this.
A motion was made by Council Member Guerrero that the Council concur with
the Planning Commission's recommendation to deny Application No. 886-4, seconded
by Council Member Mendez.
Council Member Slavik stated that on the surface, this request looks like
the applicants will be upgrading a home but the larger part is setting a
precedent. She agreed that there are other areas that would be more suitable
for this type of business and she would not encourage the Council to support
this request.
Council Member Mendez commended Ms. Caravantes for her presentation. He
stated that the Council is dealing with an issue that is most unfortunate but
the best way to handle this would be to not approve the proposed change. He
expressed the opinion that this would be an intrusion into a residential area
and there are other areas in which this type of business can be established;
therefore, he would not support the request.
Minutes
Regular Council Meeting
September 23, 1986
Page 19
Council Member Pruet indicated that he would not support the request
because it would be an intrusion into the neighborhood.
Council Member Berlanga agreed that this would be an intrusion into the
neighborhood and had hoped that the Council could resolve this. He, too,
indicated that he could not support the request.
Mayor Jones called for the vote on the motion to deny the requested zoning
and the motion passed unanimously.
Mayor Jones then called for petitions from the audience on matters not
listed on the agenda.
Mrs. Marcella Brandon, 437 Sutton Lane, presented the Council with a
petition signed by 121 residents of Stonegate Subdivision, petitioning the City
of Corpus Christi to protect the citizens of this neighborhood from the dangers
of speeding and reckless driving of vehicles on these neighborhood streets, and
in particular, around the Stonegate Park area. She further recommended the
intersection of Bonner and Sutton be converted to a three-way stop with
cross -walk markers.
A motion was made by Council Member Guerrero that the petition be received
and the Staff be instructed to review and assign this to the Traffic Advisory
Board, seconded by Council Member Slavik and passed unanimously.
Mr. Charles D. Zeller, President of the Zeller Company, appeared before the
Council expressing dissatisfaction with the manner conducted in the awarding of
a contract two weeks ago.
Mayor Jones informed Mr. Zeller that the City Council received a letter on
this subject and had instructed the Staff to provide them with a report on this
and that the City Council will have an opportunity to review the response before
the contract is awarded.
Council Member Guerrero suggested that the City Council contact Mr. Zeller
to inform him when this matter will be discussed.
* * * * * * * *
There being no further business to come before the Council, on motion by
Mayor Pro Tem Best, seconded by Council Member Mendez and passed unanimously,
the Regular Council Meeting was adjourned at 4:45 p.m., September 3, 1986.
RR
Minutes
Regular Council Meeting
September 23, 1986
Page 20
I HEREBY CERTIFY that the foregoing 9.s a true and correct copy
of the Minutes of the Regular Council Meeting of the City of Corpus
Christi of September 23, 1986, which were approved by the City Council
on September 30, 1986.
WITNESSETH MY HAND AND SEAL, this the
Fig!
Luther �iones, MAYOR
wit
day of
Armando Chapa City Secretary
City of Corpus Christi,Texas