HomeMy WebLinkAboutMinutes City Council - 11/03/1987PRESENT
Mayor Betty Turner
Mayor Pro Tem Mary Rhodes
Council Members:
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
Clif Moss
Bill Pruet
Mary Pat Slavik
Linda Strong *
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
NOVEMBER 3, 1987
9:00 a.m.
City Manager Craig McDowell
City Attorney Hal George
City Secretary Armando Chapa
Mayor Betty Turner called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Dr. Loren White of the Second Baptist Church
following which the Pledge of Allegiance to the Flag of the United States was
led by Mayor Pro Tem Rhodes.
City Secretary Chapa informed the Council that Council Member Strong called
and stated she would be about fifteen minutes late for the meeting.
A motion was made by Council Member Slavik that the Minutes of the Regular
Council Meeting of October 27, 1987 be approved as presented; seconded by
Council Member Pruet and passed unanimously.
* * * * * * * * * * * * *
Mayor Turner referred to the Board and Committee appointments. The
following appointments were made:
Park & Recreation Board Senior Community Services Advisory
Committee
Dennis Trevino
James Tait
Community Action Agency
Mayor Turner - represented by: Norma Cavazos
Mayor Pro Tem Rhodes - represented by: Kay Lee
Council Member Guerrero - represented by: David Noyola
Council Member Berlanga - represented by: Ben Reyes Ramos
Council Member Mendez - represented by: Carlos Valdez
MICROFILMED
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Mechanical Advisory Board Board of Adjustment
Derwood Anderson Ramiro Gamboa (Alternate)
Walter Deville
Municipal Arts Commission
Janice Clarke
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions 1 thru 7.
1. M87-0360
Approving a supply agreement for blueprint service to Ridgway's based on
low bid of $27,000. The term of this agreement will be twelve months with
option to extend for an additional twelve months subject to the approval of
the supplier and the City Manager or his designee. This service is used by
various departments.
2. M87-0361
Setting a public hearing to be conducted by the City Council at 9:00 a.m.
in the Council Chambers, November 17, 1987, and a second public hearing to
be conducted by the Director of Planning in the Committee Room, City Hall,
at 4:00 p.m., November 18, 1987, on the annexation of a 17.95 acre tract of
State-owned land out of a portion of Padre Island, as shown on the Blucher
and Naismith survey, and recorded on a map prepared by Blucher and
Naismith, Inc., June 15, 1951, Volume 4, Page 50, of the Miscellaneous Map
Records of Nueces County, more particularly south of the seawall, in
Section A, Padre Island Corpus Christi Subdivision, and immediately north
of Nueces County Park #1 boundary line, and the present City limit line
along the beach on the Gulf of Mexico.
3. M87-0362
Approving plans and specifications and authorizing receipt of bids on
December 1, 1987, for the installation of sidewalks along Glenoak Drive
from Waldron Road to Saint Peter Street.
4. M87-0363
Approving the Staff Architectural Committee's recommendation and
authorizing the negotiation of separate architectural contracts for the
Water Division Facilities and the Broadmoor Park Senior Citizen Center.
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5. Withdrawn
Authorizing acquisition of Parcel 16 located at Surfside Boulevard at Canal
Avenue, at a cost of $58,200 for the Aquarium Land Acquisition Project.
6. M87-0364
Approving the naming of 3.93 acres of parkland in the Greenfields
subdivision to J. D. Bock Memorial Park in honor of Joseph Daniel Bock, a
Corpus Christi police officer killed in the line of duty.
7. M87-0365
Approving Change Order No. 2 in the amount of $10,415 to the contract with
Coleman -Roth Construction, Inc. for additional improvements to Crestmont,
Pebble, Winrock, Temple, and West Haven Parks.
In reference to Item No. 2 regarding the Annexation Public Hearing, City
Secretary Chapa informed the Council that the Council Meeting for November 17,
1987 is scheduled for an evening meeting to be held at the Boys Club Auditorium
on Greenwood. Mr. Chapa requested Council consideration to change the time and
place of the meeting from the way it is listed on the agenda.
Council Member Slavik stated that the school board is having a hearing on
that same day, and she requested that the hearing be postponed until after the
holidays.
After some discussion, City Manager McDowell gave a brief explanation of
the schedule set up for the annexation. He stated that in order to meet that
schedule and the requirement for three readings of the ordinance and the two
public hearings, this is a schedule that has to be adhered to in order to annex
it by the end of December.
Mr. J. E. O'Brien, 4130 Pompano, stated that this particular area was in
the annexation election which was turned down by the voters. He asked if it is
going to be the policy of the Council to nibble at areas that the voters have
turned down and proceed with annexation, regardless of the will of the voters.
He asked that the hearing be postponed until after the first of the year and
that the Council consider placing it before the voters.
In reference to Item No. 3 regarding the Glenoak Drive Sidewalk
Improvements, Ms. Cheri Haliday, Padre Island, stated that she has no sidewalks,
no street lights, no gas, and no sewers. She objected to the fact that whenever
Flour Bluff wants anything they get it, but whenever anyone from Padre Island
needs anything, they don't get it.
Mayor Turner requested the Staff to respond to Ms. Haliday's complaints.
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In reference to Item No. 4 pertaining to the Water Division Facilities and
Broadmoor Park Senior Citizen Center, Mayor Turner stated that she received a
letter from A.I.A. asking that on public jobs that they go to local persons and
that the City make sure the production is handled in Corpus Christi.
City Manager McDowell noted that the firm that was recommended in
connection with the Broadmoor Park Senior Citizens Center has withdrawn, and
Staff will be making an alternate recommendation.
Engineering Services Director, Victor Medina, stated that Total Design IV
is the alternate recommendation.
In reference to Item No. 5 pertaining to the Aquarium - Land Acquisition -
Parcel 16, Mayor Pro Tem Rhodes inquired if it was true that this piece of
property has been on the tax roll for approximately $7,000 to $8,000 and the
City is buying it for $60,000, and awhile back a previous Council closed Canal
Street and that the closure of that street resulted in Mr. Murray receiving the
land that increased the amount of land that the City is now buying back from
him.
Assistant City Manager Hennings stated that is correct, and that the
right-of-way on Canal Street is part of this acquisition.
In answer to a question from Mrs. Rhodes, Mr. Hennings stated that if the
City did not agree to Mr. Murray's purchase price, it would go to condemnation.
City Attorney George stated that the City contracts with independent
appraisers that go out and look at comparables in the area, and the appraisal
district does not have the manpower or the appraisers to determine fair market
value of property.
In answer to a question from Mrs. Rhodes, Mr. George stated that we have a
fee appraiser who is independent of the City who sets a value on the property.
He stated that when the street was closed before, the City policy was the
property reverts to the abutting property owners; fee title has passed; and that
person owns the property. Mr. George continued by stating that in order to
acquire it, you either have to buy it from him at an agreed upon price or
condemn it.
In answer to a question from Council Member Moss, Mr. George stated that
the owner has to be paid fair market value for the property, and Mr. Hennings
stated this is a comparable price, and it is more land then was originally
contemplated.
Council Member Guerrero inquired why the street was originally closed, who
was on the Council at the time it was closed, who the appraiser is, and who it
is listed with. Mr. Guerrero made a motion that this item be removed from the
agenda until the questions have been answered.
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City Manager McDowell stated that the appraiser is Mr. Thomas Dorsey, and
that he assumes it was closed at the request of the Aquarium Association, but
that it was prior to his time.
The above motion was seconded by Council Member Slavik and passed
unanimously.
Council Member Slavik requested a report on Mr. Dorsey's qualifications
for appraising property, and Mr. Medina stated that he will provide her with
that information.
In reference to Item No. 6 regarding the naming of Greenfields Parkland to
J. D. Bock Memorial Park, Mr. J. D. Brown, Greenfield Subdivision, stated that
he initiated this project and that Sergeant Bock was a friend of his. He stated
that the monument will be donated, and that the City will only have to pay for
the pedestal. He noted that this will be a fitting tribute to Sergeant Bock.
Commander Henry Garret, representing the Police Department, stated that
they are very pleased with this tribute and expressed appreciation and support
of it.
In reference to Item No. 7 pertaining to the Crestmont, Pebble, Winrock,
Temple and West Haven Park Improvements, Council Member Moss asked what the
tabulation bids were and the City's estimate on this project, and Director of
Engineering Services Medina stated he will provide that information to the
Council.
There were no comments from the audience on the above items.
A motion was made by Council Member Pruet to approve Items 1 thru 7,
excluding Item 5, noting that Item No. 2 is changed to 7:00 p.m. at the Boys
Club; Item No. 5 is deferred; and the architectural firm in Item No. 4 has been
changed. The motion was seconded by Council Member Berlanga and passed
unanimously by members present; Strong absent at the time the vote was taken.
* Council Member Linda Strong arrived at 9:35 a.m.
* * * * * * * * * * * *
Mayor Turner called for consideration of Consent Resolutions, Ordinances
and Ordinances from previous meetings.
In reference to a question from Council Member Moss regarding the
consultant's contract on Item No. 8 concerning the Oso Water Reclamation Plant
Improvements, Director of Engineering Services Medina stated that the figure
that was paid to the consultant was based on an estimated cost of the
construction at the time the City negotiated the contract with him.
In reference to Item No. 9 concerning the McKinzie Subdivision Unit 2,
Block 1, Lots 6 thru 9, Council Member Moss inquired if William McKinzie is the
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County Commissioner, and if the cost of $3,289.25 is the standard unit price,
and Mr. Medina replied in the affirmative to both questions.
In reference to Item No. 10 concerning the Mary Carroll Channel Widening
Project - Parcel 8, Council Member Slavik inquired how many square feet are in
this parcel, and Mr. Medina replied he will provide the Council with that
information.
Council Member Moss inquired why this small an item has to be brought
before the Council, and City Manager McDowell replied because money is being
appropriated and it requires Council action.
In reference to Item No. 11 concerning the I.H.37/U.S. 77 Interchange
Utility Adjustments Project - Parcel 3, Council Member Moss inquired if it is
necessary that the City buy this piece of property to get this easement, and Mr.
Medina replied they tried to get just an easement without purchasing the
property and could not.
In reference to Item No. 13 concerning a case filed by CP&L with the Public
Utility Commission, Council Member Slavik expressed concern regarding this
matter and inquired if the City is doing enough, and City Manager McDowell
replied this is the reason for the request to have Mr. Butler represent the
City, as well as other communities, in this case.
City Attorney George stated this is in regard to one particular filing of
CP&L relating to deferred accounting. He stated that CP&L made a filing, and
Mr. Butler has recommended that the City register their opposition to it.
Council Member Moss stated that he was on the subcommittee of the Economic
Development Corporation on energy. He requested that this item be deferred for
a week so that he can receive some advice on this matter.
Mayor Pro Tem Rhodes inquired about who pays Mr. Butler, and City Attorney
George replied that ultimately it is actually borne by all the rate -payers.
Discussion followed, and City Manager McDowell stated that it would be
appropriate to have Mr. Butler come before the Council to give them a briefing
on this issue.
Council Member Moss made a motion to defer this item. He stated that he
would like to develop some more information and bring it to the Council.
Council Member Berlanga inquired about Mr. Butler's objective, and Mr.
McDowell replied it is to represent the City and its residents in attempting to
make sure that any rate increase approved is necessary and required, as compared
to what is requested.
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Discussion followed, and the aforementioned motion died for lack of a
second.
In reference to Item No. 15 concerning the Weber Road (F.M. 43)
improvements, Council Member Pruet requested an explanation between the cost
figures and the assessment figures, and Mr. Medina replied that the
administrative and engineering costs are built into it; $78,000 is the direct
cost of the actual construction; and the total cost will come after the project
is completed.
In answer to a question from Council Member Moss, Mr. McDowell stated that
the City is assessing the cost of the construction, plus our cost to do the
assessments to do the billings and the collections, etc., and the engineering
work that has to go into that. Mr. McDowell stated that there is a construction
cost and an administrative cost on top of that, and those two together make up
the assessment costs. He stated that curbs and gutters are going to be included
in this project, and the City will collect over a ten-year period.
In reference to Item No. 16 pertaining to the Kiwanis Recreation Center,
Council Member Slavik inquired if this is the first time the City has leased
any of its centers for an extended period, and Mr. McDowell replied this has
been done with this facility in prior years for the winter Texan program, and
that the City had a lease with them last year.
Council Member Berlanga inquired if it is a non-profit organization, and
Mr. McDowell replied the City is leasing it to Villa Del Sol; they will provide
programs for winter Texans; they are going to charge a fee; and the City will
get a percentage of the gross.
Council Member Pruet expressed the opinion that this is a remarkable
public/private example that Mr. Ralph Ehrlich started about two years ago and
has received support from the Park & Recreation Department in the activities
which he has developed for the winter Texans. He stated that what Mr. Ehrlich
is trying to do is develop an ongoing program for the visitors, and that the
City benefits from it because they do not have to staff the center. He further
stated it is not a non-profit organization.
In reference to Item No. 17 pertaining to the Extension of Managerial Life
Insurance Benefit to Police Captain & First Assistant Fire Chief Positions,
Council Member Berlanga inquired about the kind of insurance they have now, and
Mr. McDowell replied they have a regular insurance policy which they can
purchase through the association or the City, and this extends the $50,000 term
life in addition to that.
In reference to Item No. 21 concerning the Proposed Amendments to the City
Code, Chapter 13, Article IV, Excavations, Council Member Slavik inquired about
when this will go into effect and when the permit fee will be updated, and Mr.
McDowell replied it will be effective upon publication in the newspaper, and as
soon as the Ordinance becomes operative, the new fee will be in effect.
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Council Member Strong inquired if there is a requirement that a grade be
shot on excavations, and Planning Director Wenger replied the process would
establish the elevation of the soil prior to the permit, and then there is a $50
fee on a monthly basis for inspection every month.
Mrs. Strong stated that it is important that the people requesting
excavations state exactly how much they are going to take out and they be held
accountable for that. She inquired if they have to state how long the
excavation process is going to take place, and Mr. Wenger replied there is a
one-year permit issued which is renewable every year, and they will have to go
thru the process every year.
There were no comments from the audience on the items.
City Secretary Chapa polled the Council for their votes and the following
were passed:
8. RESOLUTION NO. 20041
AUTHORIZING THE EXECUTION OF A CONTRACT WITH INTERSTATE INDUSTRIAL
CONSTRUCTORS, INC. FOR IMPROVEMENTS TO THE OSO WASTEWATER TREATMENT PLANT;
APPROPRIATING $50,000.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero
absent at the time the vote was taken.
9. RESOLUTION NO. 20042
APPROVING THE DEVELOPER'S APPLICATION AND AUTHORIZING REIMBURSEMENT IN THE
AMOUNT OF $3,289.25 TO WILLIAM E. McKINZIE, DEVELOPER OF LOTS 6 THROUGH 9,
BLOCK 1, McKINZIE SUBDIVISION UNIT 2, FOR THE INSTALLATION OF APPROXIMATELY
416 LINEAR FEET OF 8 -INCH DIAMETER OFFSITE WATER MAIN AS SHOWN ON ATTACHED
EXHIBIT A, PER ORDINANCE NO. 17092; AND APPROPRIATING $3,289.25.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero
absent at the time the vote was taken.
10. RESOLUTION NO. 20043
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 8 IN CONNECTION WITH THE MARY CARROLL CHANNEL WIDENING PROJECT; AND
APPROPRIATING $3,128.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero
absent at the time the vote was taken.
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11. RESOLUTION NO. 20044
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO
PARCEL 3, A UTILITY EASEMENT ALONG WITH A TEMPORARY CONSTRUCTION EASEMENT,
FOR THE I.H. 37/U.S.77 INTERCHANGE WATERLINE RELOCATIONS AND UTILITY
ADJUSTMENTS PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNER, GARNETT T.
BROOKS.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero
absent at the time the vote was taken.
12. RESOLUTION NO. 20045
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE PSYCHOLOGIST AGREEMENT
WITH DR. M. DEE KOCH FOR PSYCHOLOGICAL SERVICES FOR THE POLICE DEPARTMENT
AND AIRPORT SECURITY.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero
absent at the time the vote was taken.
13. RESOLUTION NO. 20046
AUTHORIZING CITY PARTICIPATION IN TEXAS PUBLIC UTILITY COMMISSION DOCKET
NO. 7560 AND SELECTION OF LEGAL COUNSEL AND CONSULTANTS THEREIN.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Mendez, Pruet, Slavik and Strong voting, "Aye"; Moss voting,
"No"; Guerrero absent at the time the vote was taken.
14. ORDINANCE NO. 20047
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Weber Road
(F.M. 43) from Oso Creek Bridge to Saratoga Boulevard AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and
Strong voting, "Aye"; Guerrero absent at the time the vote was taken.
15. ORDINANCE NO. 20048
APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR
THE IMPROVEMENT OF THE FOLLOWING STREET: Weber Road (F.M. 43) from Oso
Creek Bridge to Saratoga Boulevard; 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 A MEETING OF
THE CITY COUNCIL ON DECEMBER 1, 1987, IN THE COUNCIL CHAMBERS, CITY HALL,
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302 SOUTH SHORELINE BOULEVARD, CORPUS CHRISTI, TEXAS; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and
Strong voting, "Aye"; Guerrero absent at the time the vote was taken.
16. ORDINANCE NO. 20049
AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH THE RENTAL
ASSOCIATION OF VILLA DEL SOL, INC. FOR THE FOUR MONTH USE OF THE KIWANIS
RECREATION CENTER FOR THE PURPOSE OF CONDUCTING SOCIAL, EDUCATIONAL, AND
RECREATIONAL PROGRAMS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and
Strong voting, "Aye"; Guerrero absent at the time the vote was taken.
17. ORDINANCE NO. 20050
AMENDING ORDINANCE 8127, COMPENSATION PLAN OF THE CITY OF CORPUS CHRISTI,
SECTION 707.1, TO EXTEND THE MANAGERIAL GROUP FULLY -PAID TERM LIFE
INSURANCE BENEFIT TO POLICE CAPTAINS AND FIRST ASSISTANT FIRE CHIEF; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and
Strong voting, "Aye"; Guerrero absent at the time the vote was taken.
18. SECOND READING
AUTHORIZING THE EXECUTION OF A FIVE YEAR LEASE AGREEMENT WITH SMARTE CARTE,
INC. FOR A SELF-SERVICE BAGGAGE CART OPERATION AT THE AIRPORT; AND
PROVIDING FOR PUBLICATION.
The foregoing Ordinance was passed on second reading by the following vote:
Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting,
"Aye"; Guerrero absent at the time the vote was taken.
19. SECOND READING
AUTHORIZING THE EXECUTION OF A 20 YEAR LEASE WITH TWO 20 YEAR OPTIONS FOR
LOTS 1 AND 2, BLOCK 60, BEACH ADDITION, AT THE CORNER OF FITZGERALD AND
MESQUITE STREETS, TO THE CORPUS CHRISTI INTERNATIONAL SEAMEN'S CENTER, INC.
The foregoing Ordinance was passed on second reading by the following vote:
Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting,
"Aye"; Guerrero absent at the time the vote was taken.
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20. THIRD READING
AMENDING THE CITY CODE, CHAPTER 53, TRAFFIC, SECTION 53-252, SCHEDULE
III --PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting,
"Aye"; Guerrero absent at the time the vote was taken.
21. ORDINANCE NO. 20052
AMENDING CHAPTER 13 OF THE CORPUS CHRISTI CITY CODE BY AMENDING ARTICLE IV.
EXCAVATION: PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting,
"Aye"; Guerrero absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 22 Amending the Zoning
Ordinance upon application of the Presbyterian Development by changing the
zoning map in reference to a portion of Lot 1, Block 1, Southfork Subdivision
from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business
District.
Mr. Arthur Zeitler, 4230 Spring Creek, representing the South Fork Property
Owners Association, stated they have reached an agreement with the owners to
place some deed restrictions on the property that relate to some matters the
association was concerned with, plus their agreement to deed to the property
owners association a 10 -foot buffer strip which would be a green area. He
stated that these matters have not been done yet, due to the fact that the
agreement was only reached that morning, but they do not oppose the zoning
change subject to those two matters being completed.
In answer to a question from Council Member Berlanga, Mr. Zeitler stated
that the association would add 10 feet to its green area which would increase
the distance between the commercial development and the townhouses from 10 to 12
ft. to 20 to 22 ft. He stated that the association has reduced their requests
concerning some of those distances and the owners have agreed to a compromise
distance on the dumpsters.
Mr. Tim Clower, representing the Presbyterian Development, stated that they
have approved the deed restrictions; the agreement is in writing; but it has not
yet been signed.
Mayor Turner inquired if this item should be deferred until everything has
been worked out, and Mr. McDowell replied in the affirmative.
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22. Withdrawn
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* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
23. Application No. 987-4, Mr. R. C. Allen: For a change of zoning from "R -1B"
One -family Dwelling District to "I-2" Light Industrial District on 39.97±
acres out of Lot 10 of the Baldwin -Moore Farm Lots, located on the west
side of Holly Road, approximately 2,600' south of South Padre Island Drive.
Mayor Turner stated that both the Planning Commission and Planning Staff
recommend approval of this application.
No one spoke in opposition to this application.
A motion was made by Mayor Pro Tem Rhodes to close the public hearing;
seconded by Council Member Mendez and passed unanimously; Guerrero and Strong
absent at the time the vote was taken.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
ORDINANCE NO. 20053
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF R. C. ALLEN BY CHANCING
THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 10 OF THE BALDWIN-MOORE
FARM LOTS FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "I-2" LIGHT
INDUSTRIAL DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet and Slavik
voting, "Aye"; Guerrero and Strong absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the next zoning application:
24. Application No. 987-6, Mr. 0. S. Jaramillo: For a change of zoning from
"R -1B" One -family Dwelling District to "R -1C" One -family Dwelling District
on a portion of Lots 14 and 15, Block A, Airline Subdivision, located on
the west side of Birmingham Street, approximately 110' south of Lyons
Street.
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Mayor Turner stated that both the Planning Commission and Planning Staff
recommend approval of this zoning application.
No one spoke in opposition to this application.
A motion was made by Council Member Mendez to close the public hearing;
seconded by Mayor Pro Tem Rhodes and passed with Guerrero and Strong absent at
the time the vote was taken.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
ORDINANCE NO. 20054
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF 0. W. JARAMILLO BY
CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOTS 14 AND 15, BLOCK
A, AIRLINE SUBDIVISION, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R -1C"
ONE -FAMILY DWELLING DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet and Slavik
voting, "Aye"; Guerrero and Strong absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the next zoning application:
25. Application No. 987-9, The Hearth Nursing Home, Inc.: For a change of
zoning from "A-1" Apartment House District with a "SP" Special Permit to
"A-2" Apartment House District on Lot 2, Block 1, Forum Mall, located on
the north side of Wooldridge Road, approximately 425' east of Rodd Field
Road.
Mayor Turner stated that both the Planning Commission and Planning Staff
recommend approval of this application.
No one spoke in opposition to this application.
A motion was made by Council Member Berlanga to close the public hearing;
seconded by Council Member Mendez and passed unanimously; Pruet abstaining;
Guerrero and Strong absent at the time the vote was taken.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
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Page 14
ORDINANCE NO. 20055
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE HEARTH NURSING HOME,
INC. BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 2, BLOCK 1, FORUM MALL,
FROM "A-1" APARTMENT HOUSE DISTRICT WITH A "SP" SPECIAL PERMIT TO "A-2"
APARTMENT HOUSE DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Rhodes, Berlanga, Mendez, Moss and Slavik voting,
"Aye"; Pruet abstaining; Guerrero and Strong absent at the vote was taken.
NOTE: Council Member Pruet did not participate in discussion or vote on
this zoning case:
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
26 Application No. 987-7, Corpus Christi Disposal Service, Inc.: For a change
of zoning from "A-2" Apartment House District to "I-2" Light Industrial
District on Lots 1 through 6, Block 3, Morris & Mitchell Extension to South
end, located on the north side of Morris Avenue, between llth and 12th
Streets.
Mayor Turner stated that both the Planning Commission and Planning Staff
recommend approval of this zoning application.
No one spoke in opposition to this application.
A motion was made by Council Member Pruet to close the public hearing;
seconded by Council Member Mendez and passed unanimously; Guerrero and Strong
absent at the time the vote was taken.
City Secretary Chapa noted that the Ordinance will be brought back to the
Council after the property has been replotted.
Council Member Mendez inquired if the facility on Agnes will be disposed
of, and Assistant City Manager Elizondo replied it is his understanding they
will continue to keep their commercial offices, but to dispose of the industrial
aspect of it.
Council Member Slavik referred to the objections listed in the support
material which was presented to the Council and inquired if the unsanitary
conditions were a valid concern, and Mr. Elizondo replied they will have to
adhere to all the City's health codes and requirements regardless of where they
are located.
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
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27. Application No. 987-8, Mr. Michael R. Moore: For a change of zoning from
"F -R" Farm -Rural District to "B-4" General Business District on Lot 1,
Block 1, Airline Subdivision Unit 3, located on the east side of Airline
Road, approximately 475' south of Meadowvista Drive.
Mayor Turner stated that the Planning Commission recommends approval of
this application and the Planning Staff recommends denial, and in lieu thereof,
grant a special permit for a professional office and mini -storage warehouse
development. She asked the applicant if he objects to the Special Permit.
The applicant, Mr. Michael Moore, 305 Baycliff, stated that they do not
object to the Special Permit, but they are in a "Catch 22" situation. He
explained that in order to properly build on this tract of land, they will be
required to get a variance, and a variance nullifies the Special Permit.
Mayor Turner inquired if the conditions of the variance could be included
in the Special Permit, and Director of Planning Wenger stated that the
requirement of this particular district, if it were changed to "B-4," would
be a 10 -foot separation between the "B-4" and the "R -1B" property. He stated
that it is the Staff's opinion that there needs to be a 10 -foot separation
between the business and the residential area, and that they are concerned with
what the use would be if there were changes in the future.
In answer to a question from Mayor Pro Tem Rhodes, Mr. Moore stated they do
not object to the Special Permit but the 10' fence. He stated that they want to
make the back wall of this complex the screening fence. Mr. Moore presented a
petition to the City Secretary signed by all the abutting landowners stating
that they feel it is in the best interest that they be allowed to construct on
the back wall. He also displayed a piece of aggregate material of which they
are proposing to build the back wall of the proposed units.
Mr. Dennis Wike, an associate with Mr. Moore on this project, stated that
they are trying to make a project that is feasible, and he emphasized that the
adjacent residents feel the proposed use would not detract from the neighborhood
and supported their project. He stated that the back wall of the building will
be no closer than 12 feet to the back of the 5 -foot easement that is on the
other side. He stated that there are lots of trees that will help screen the
screening wall from the property, and that a back wall built like they are
proposing allows them to use the property much more efficiently. Mr. Wike
located the area on the map and presented some background information on the
properties.
Mayor Pro Tem Rhodes inquired if there was any way to grant them a Special
Permit and allow them to set the wall on the project line, and Mr. Wenger
replied the normal requirement of "B-4" is 10 feet. He stated that the Council
can legally do this with a Special Permit but it is not normal.
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Page 16
A motion was made by Mayor Pro Tem Rhodes to deny the "B-4" zoning, and in
lieu thereof, grant a Special Permit and waive the 10 -foot setback requirement.
A motion was made by Council Member Slavik to close the public hearing;
seconded by Council Member Berlanga and passed unanimously.
Mr. Moore requested to speak again; therefore, a motion was made by Council
Member Slavik to reopen the hearing; seconded by Council Member Berlanga and
passed unanimously.
Mr. Moore stated that the site plan is a preliminary site plan, and he
requested permission to present a refined site plan.
A motion was made by Council Member Slavik to close the public hearing;
seconded by Council Member Mendez and passed unanimously.
Mrs. Rhodes's motion was reworded to deny the "B-4" zoning, and in lieu
thereof, grant a Special Permit and waive the 10 foot requirement, subject to a
site plan approved by Staff. The motion was seconded by Council Member Slavik
and passed unanimously.
City Secretary Chapa stated that the Ordinance will be brought back to the
Council when the site plan is submitted.
27. Withdrawn
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* * * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
28. Application No. 887-3, Mr. Ben L. Herndon: For a change of zoning from
"B-1" Neighborhood Business District to "B-4" General Business District on
Lot 24 and a portion of Lot 25, Block 6, Koolside Addition, located on the
southwest corner of Gollihar and Airline Roads.
Mayor Turner stated that the Planning Commission's recommendation is
denial, and in lieu thereof, grant a special permit for an auto air conditioning
repair shop with a standard screening fence to be constructed along a portion of
the property, and that the Planning Staff recommends denial.
Director of Planning Wenger informed the Council that the 20 percent rule
is in effect on this application.
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Page 17
Mr. Ben Herndon, the applicant, stated reasons for wanting "B-4" zoning and
presented background information on the uses for the property since he purchased
it.
Mr. Ben Herndon, Jr., son of the applicant, located the area on the map and
pointed out all the uses located on Airline between South Padre Island Drive and
Alameda Street, which include two auto repair garages. He stated that they have
had a lot of complaints about their service; he wants complaints to stop; and
that they basically want the same rights as their neighbors.
Mayor Turner asked the applicant if the Special Permit was acceptable to
him, and Mr. Herndon replied in the affirmative if they could keep their present
businesses.
Ms. Barbara Cline, 921 Dorothy, representing the adjacent property owners,
spoke in opposition to the "B-4" zoning and the Special Permit. She noted that
Mr. Herndon has different types of businesses and they are concerned about what
he will be putting in there. She stated that he does not close at regular
hours. Mrs. Cline stated that she opposes the garage, but not the air
conditioning repair.
A motion was made by Council Member Strong to close the public hearing;
seconded by Council Member Slavik and passed unanimously by those present and
voting.
Mayor Pro Tem Rhodes inquired if Staff opposes the Special Permit, and Mr.
Wenger stated that the Staff opposed the "B-4" zoning but not the Special
Permit.
Council Member Mendez noted that the most logical thing is to concur with
the Planning Commission's recommendation, and that with a Special Permit it will
allow for an air conditioning repair shop and there would be no problem.
Council Member Guerrero stated that the property now is a non -conforming
use, and if the Council votes on this as it is, they still remain in violation.
Discussion followed, and Council Member Strong noted that if they are going
to be fair about this, the same activities that are going on in the auto repair
shop should be allowed on that corner provided they do not exceed their parking
limitations and provided that a screening fence is established between the
special permitted property and the private property behind.
Mrs. Strong made a motion to amend the ordinance and allow him not only an
auto air conditioning shop, but a shop to do minor repairs under a Special
Permit with a screening fence. The motion was seconded by Council Member Pruet.
Council Member Guerrero stated that cannot be done; this has to be denied
or approved; and that a new application must be submitted.
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Page 18
Mr. Wenger stated that the application before the Council is a request for
"B-4" zoning, and he explained the Planning Commission's recommendation. He
stated that the Council can change that to include an auto repair shop because
automotive repair is allowed in "B-4."
Mrs. Strong repeated her motion to amend the recommendation of the Planning
Commission for a Special Permit for an automotive air conditioning repair shop
and an automotive repair shop with a screening fence.
Council Member Pruet stated that the amended motion brings all of it into a
use as specified in the Special Permit and addresses legitimate concerns of the
neighborhood, and they now will know what can be done on that property.
Mayor Pro Tem Rhodes pointed out that the neighborhood only approves of the
air conditioning shop as proposed by the Planning Commission. She stated she
will not support the motion, but will support the Planning Commission
recommendation for the air conditioning shop only.
Council Member Mendez asked for clarification and stated if the Council
approves the Planning Commission's recommendation, the auto repair shop will
still be there as a non -conforming use and is in violation, and they will have
to come back and try to correct that situation. He stated that if they support
Mrs. Strong's motion, they will be correcting the situation that is already
existing.
In answer to a question from Council Member Guerrero, Mr. Wenger stated
that the twenty percent rule will be in effect at the time the Council actually
approves the Ordinance, and that it will require seven affirmative votes.
The aforementioned motion passed by the following vote: Berlanga, Mendez,
Pruet, Slavik and Strong voting, "Aye"; Turner, Rhodes, Guerrero and Moss
voting, "No."
Council Member Mendez noted that the applicant needs to be aware of the
twenty percent rule. He explained that there are already four votes that are
opposed to the amendment; it will be passed by a majority vote; the ordinance
will be brought back next week before the City Council; the twenty percent rule
will be in effect; those four votes will Likely be opposed to it; and the zoning
will probably be denied.
Mayor Turner stated that the above application will be brought back before
the Council next week.
28. Withdrawn
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Page 19
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
29. Application No. 987-10, International Resistive Company, Inc.: For a
change of zoning from "B-4" General Business District with a "SP" Special
Permit to "I-2" Light Industrial District on a portion of Lot B-1, South
Staples Center, located north of South Staples Street, northwest of
Gollihar Road and on the west side of Caddo Street.
Mayor Turner noted that the Planning Commission and Planning Staff's
recommendation is denial, and in lieu thereof, grant a revised Special Permit.
She inquired if the Special Permit is acceptable to the applicant, and the
applicant replied in the affirmative.
There was no opposition from the audience.
A motion was made by Council Member Berlanga to close the public hearing;
seconded by Council Member Slavik and passed unanimously.
Council Member Slavik inquired if the hazardous material will be stored
inside the building, and Mr. Wenger replied in the affirmative.
Council Member Moss inquired if that would create a fire hazard, and Mr.
Wenger replied according to the Fire Department it would not.
City Secretary Chaps polled the Council for their votes and the following
Ordinance was passed:
ORDINANCE NO. 20056
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF INTERNATIONAL RESISTIVE
COMPANY, INC. BY GRANTING A REVISED SPECIAL COUNCIL PERMIT FOR A RESISTOR
ASSEMBLY PLANT WITH NO OUTSIDE STORAGE AND REQUIRING THAT ANY HAZARDOUS
MATERIALS BE STORED INSIDE THE EXISTING STRUCTURE ON A PORTION OF LOT B-1
SOUTH STAPLES CENTER; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet,
Slavik and Strong voting, "Aye."
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
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Page 20
30. Amendments to the text of the Zoning Ordinance of the City of Corpus
Christi: The proposed changes and amendments to said Zoning Ordinance are
as follows: 1) Add Article 27B "Landscape Requirements" to provide for
city-wide landscape requirements for public and private sector development;
2) Amend Article 3 "Definitions" by adding provisions to define terms
utilized in the Landscape Ordinance amendments; 3) Amend Article 13 "B -2A"
Barrier Island Business District Regulations, Section 13-2 and 13-5; and 4)
Amend Article 14, "B-2" Bayfront Business District Regulations, Section
14-2.
Assistant City Manager Elizondo expressed appreciation to members of the
Planning Department who have been working on this ordinance for some time
together with the neighborhood groups.
Mr. Mickey Raasch, Senior Planner. stated that they have been working on
this for the last four months, during which time they have been very intensely
involved with securing the community input and sensitizing the ordinance to the
community.
Mr. Lamont Taylor, representing the Planning and Zoning Commission, stated
that the proposed ordinance is the product of months of discussions and
compromises reached by the Ad Hoc Committee. He pointed out that they had a
cross-section of the community who had a say in the shaping of the ordinance.
He stated it is a workable ordinance and will be aesthetically advantageous for
the City and the citizens.
Dr. Miriam Wagenschein, 6810 Sierra Drive, representing the Council of
Neighborhood Associations, stated that members of the neighborhood association
spent countless hours getting improvements in their residential areas and spent
thousands of dollars on landscaping in public park areas. She stated they are
doing their best and want the rest of the community to do the same. She stated
they fully understand the economic situation this community is in, but they feel
you have to spend a buck to make a buck. She continued by stating that after
the task force discontinued meetings, several modifications were made which they
find difficult to agree with, such as the removal of requirements for existing
property when expanded and improved. She stated that the ordinance is not in
compliance with the Corpus Christi Policy Statement: An Element of the
Comprehensive Plan. She presented material to the Council and recommended that
the proposed Landscape Ordinance be either amended or tabled and referred to the
Planning Staff to be brought into compliance with the Comprehensive Plan.
Mr. Fred Greenburg, 343 University, stated it is a wonderful proposed
ordinance and that he hopes it will be passed. He expressed appreciation to
everyone who worked on the ordinance, and stated it is a real democratic
ordinance and everyone will be proud of it.
Mr. Don Cox, 369 West Saxet, stated that technically the ordinance is a
good ordinance. He stated that he has helped obtain landscape plans for 17
projects in the community and scaled them out against the existing ordinance
draft to find out whether the proposal was workable. He stated that after doing
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..egular Council Meeting
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Page 21
17 of them, the landscaping cost from the present draft will be less than two
percent of the project cost. He expressed concern that all other Texas
communities that have Landscape Ordinances require that the Landscape Ordinance
be applied to existing property. He stated that perhaps if fully applying the
ordinance to existing property is regarded by the Council as a little bit too
expensive and too onerous, they could apply it to the existing property at 2/3
the level of what is in the ordinance. Mr. Cox stated that all of the drafts
before this one applied the ordinance to existing property, and he recommended
that this be done. He stated that the ordinance, as written, does not require
anything for existing property. He presented some other recommendations, one
being a review committee instead of the Board of Adjustments, and stated that he
will submit his recommendations in writing to the Council.
Discussion followed, and Mayor Pro Tem Rhodes asked Mr. Cox if he was aware
that the Council received a legal recommendation that states it cannot bypass
the Board of Adjustment, and Mr. Cox stated that he is aware of it but that it
is presently being done in four other cities, and he hopes that our Legal staff
can review the matter and determine whether those cities were correct in
adopting a simplified direct procedure.
After more discussion, Mr. Raasch referred to the proposed ordinance and
made a clarification that on Page 5 there are provisions for making existing
development, when they are expanding, to comply with the ordinance. He stated
that the smaller developments would be exempted.
Mr. Leon Loeb, a local developer, urged adoption of the ordinance as it is
and see how it works. He stated that if the Council decides they need greater
applicability to existing projects, that we pass this ordinance then go back and
review the problem of applicability to existing development, and deal with that
in a separate ordinance that would then amend this one.
Mr. Skip Safley, President of the Beautify Corpus Christi Association,
stated that they were represented at the different meetings and worked with the
Ad Hoc Committee. He stated they support the Landscape Ordinance as presented.
Mr. Dave Cich, Executive Vice President of the Chamber of Commerce,
distributed a letter to the Council from Steve Sullivan, Chairman of the Board
of the Chamber of Commerce. He stated that the Board supports the ordinance as
recommended by the Planning Commission at their October 14 meeting. He stated
that they are concerned regarding the alternative compliance and the Board of
Adjustment's role in this. He stated that they agree that the Board of
Adjustment should not be bypassed and recommended that some alternatives be
looked at. He stated that he did not agree that it is not in compliance with
the Comprehensive Plan. He noted that he would provide the Council with his
recommendations in writing.
Council Member Rhodes asked the Staff if they feel that this is not in
compliance with the Comprehensive Plan, and Mr. Raasch stated there were two
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Page 22
difference focuses; it was the consensus of the Planning Commission Ad Hoc
Committee that the Landscape Ordinance should just address the street yard area
in order to beautify the City. He stated that the buffer yards could be
addressed at some future date. Mr. Raasch stated that it does not violate the
Comprehensive Plan.
Mr. Bob Shattuck, 7134, Sun Valley, Executive Vice President of the
Builders Association of Corpus Christi, stated that they support the Landscape
Ordinance as recommended by the Planning Commission. He stated that they do
not support any change that would require existing projects to redesign and tear
up their existing improvements as a condition for being allowed to expand and
renovate. He suggested that if the Council finds the ordinance does not go far
enough that they look to the public sector for improvements.
Mr. Randy Lynch, 4209 Black Bayou, representing the Planning Commission,
complimented Mickey Raasch who had worked on the ordinance but stated that he
was disappointed in the alternative compliance section and questioned the
requirement by the Legal Department that applicants go thru the Board of
Adjustment. He expressed the opinion that the ordinance under consideration is
the best compromise in the current economic conditions, and stated that a
majority of the people involved concur with this proposed ordinance. He
encouraged implementation of the ordinance by the City. He noted that this
ordinance is a start and stated that, hopefully, existing businesses will
voluntarily comply with the terms of the ordinance in order to meet competition.
Ms. Jan Patton, 1250 Sandpiper, representing the Board of Directors, Corpus
Christi Board of Realtors, stated that in the past she has been involved with
Beautify Corpus Christi and made a presentation to the Council on this a few
years ago. She stated that it was also reintroduced during CC'90; she was a
member of Task Force I; and it became a part of their policy statement and
recommendation out of Task Force I that a comprehensive Landscape Ordinance be
adopted by the City Council. She stated that the Corpus Christi Board of
Realtors realizes that an ordinance of this type will enhance and increase
property values and create a quality of life businesses look for. She stated it
was well thought out and urged the Council's support of it.
A motion was made by Council Member Berlanga to close the public hearing;
seconded by Council Member Strong and passed unanimously.
Assistant City Secretary Zahn polled the Council for their votes and the
following Ordinance was passed on first reading:
30. FIRST READING
AMENDING THE ZONING ORDINANCE BY ADDING A NEW ARTICLE 27B, LANDSCAPE
REQUIREMENTS; BY AMENDING ARTICLE 13, "B -2A" BARRIER ISLAND BUSINESS
DISTRICT REGULATIONS, SECTION 13-2(4); BY AMENDING ARTICLE 13, "B -2A"
BARRIER ISLAND BUSINESS DISTRICT REGULATIONS, SECTION 13-5, BY DELETING
SUBSECTIONS 13.5.02 AND 13.5.03; BY AMENDING ARTICLE 14, "B-2" BAYFRONT
BUSINESS DISTRICT REGULATIONS BY AMENDING SECTION 14-2(4); PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
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Page 23
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong
voting, "Aye."
A motion was made by Council Member Moss to recess the Council Meeting at
12:15 p.m.; seconded by Council Member Berlanga and passed unanimously.
* * * * * * * * * * * * *
Mayor Turner reconvened the Regular Council Meeting at 2:00 p.m. and called
for petitions or information from the audience on items not listed on the
agenda.
Mr. Philip Rosenstein, 949 Babalo, objected to the procedures followed the
preceding week at which time he wished to display a banner. Mr. Rosenstein
addressed the same issue in regard to the support of pari-mutuel betting in
Nueces County and objected to the fact that the Mayor and several Council
Members endorsed pari-mutuel betting without indicating whether they were
speaking for themselves or for the City. He also objected to the fact that
Corpus Christi Area Economic Development Corporation, an organization funded by
the City, had also endorsed this issue. He suggested that there needs to be a
policy to prohibit Council Members or City organizations taking a stand on an
issue without making it clear that they are speaking for themselves, not the
City.
Mr. Jon Kelly, attorney representing Steve Morales, who had petitioned for
the removal of Council Member Frank Mendez for an alleged conflict of interest,
addressed the Council and stated that City Attorney Hal George had provided him
with the rules for the hearing scheduled for November 24. Mr. Kelly questioned
the procedures as outlined and stated that according to the City Charter, his
client was responsible to prove that there had been wrongdoing, and in their
role they will have to prepare Articles of Impeachment. He expressed the
opinion that they should have subpoena powers. He questioned the authority of
Mr. George, who will be a party to the lawsuit as the representative of the
City, making rulings as to what the attorneys can and cannot have. He then
inquired of Mr. George if the subpoenas had been issued, to which Mr. George
responded that they have not. He reiterated that they needed the items they
have requested, otherwise they will be in an unfair position. Mayor Turner
inquired if the hearing will be a court of law, and Mr. George stated that it
would not be, it would be a hearing before the City Council.
Mr. Kelly continued by objecting to the fact that Mr. George makes the
decisions as to what he will be given when he has the burden of proof and must
have access to the evidence they have requested. He continued by stating if
they could have the items they have requested, the hearing could be conducted
sooner than November 24. He noted that they have asked for depositions from all
of the Council Members with the exception of Council Member Slavik and Council
Member Guerrero, and no one has responded. He stated that if the depositions
were issued, he would make it as convenient as possible to take the depositions
of the Council Members.
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November 3, 1987
Page 24
Mr. Kelly continued by stating that the hearing will be very lengthy and
seating needs to be arranged for. He also stated that he had a law partner that
he would like to accompany him at the hearing and they would like to have their
own court reporter. Mr. Kelly then stated that he did not believe that Mayor
Turner could be a fair judge, specifically because of a statement she had made
the preceding week at which time she referred to the Frank Mendez incident as a
dead issue. He suggested that because of this, he felt that a hearing officer
should be appointed who could be fair and impartial. He also objected to the
Mayor's asking opinions from Mr. George because he represents another party in
the case. He suggested that former Judge Jack Blackman, attorney David Diaz, or
Hector DePena, Sr., would be appropriate as presiding officer.
Mayor Turner took issue with the remarks made about herself and assured Mr.
Kelly that she is fair and has integrity. She urged that the Council not take
any action that would usurp the power of the Council and the Mayor. She pointed
out that procedures have been established and it is the City Council's
responsibility to conduct a fair and impartial hearing. She then referred to
the remark attributed to her that this was a dead issue and quoted her statement
verbatim, stating that the phrase was taken out of context.
Council Member Moss stated that it was his understanding that the Council
planned to go into closed session to discuss some of these matters, and if the
Council feels that Mayor Turner is not conducting a fair hearing, he was sure
that five votes could change any ruling.
Mayor Pro Tem Rhodes expressed the opinion that the discussion should
continue because she felt that some of the procedures needed to be clarified.
City Attorney George stated that those are the kinds of issues that he
would like to discuss during the closed meeting, and that this involves a
grievance against a Council Member which entitles the Council to meet in closed
session. Mr. George continued by stating that the City plans to employ a court
reporter, and Mr. Kelly would be entitled to purchase a copy of the transcript,
or he could have his own court reporter if he prefers. Be stated that Mr. Kelly
could also have his law partner available at the hearing.
Mayor Pro Tem Rhodes expressed the opinion that it is the Council's and the
Mayor's responsibility to preside over this hearing, and she agreed that if the
Council is of the opinion that the Mayor is not doing her duty, five votes can
overrule her opinions.
Council Member Pruet pointed out that the City Charter is quite clear in
that this is the City Council's responsibility; Mayor Turner is very able to
conduct a fair hearing; Mr. Kelly is suggesting that this should be under some
court system other than the City Council; but the Charter is very clear that the
Council is the body to conduct the hearing. He agreed that the procedures need
to be clear and concise in regard to what items should be presented to the
Council at the hearing.
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November 3, 1987
Page 25
Mr. Kelly stated that he would be willing to have the hearing as early as
November 10 if he could obtain the items that he had requested. He stated that
he still had a question as to who will be advising the Mayor and objected to the
fact that obviously it would be City Attorney George who also will be a party to
the matter as a representative of the City. He stated that he did not question
Mayor Turner's integrity, but he did question her remarks.
Council Member Slavik pointed out that this is not a court of law, but she
felt that the public will judge the Council Members on their actions. She
stated that she is concerned about the documents that Mr. Kelly has asked for
and did not understand why he cannot have them since he does have the burden of
proof. She suggested that the City work with him to get the documents that he
needs.
Mayor Pro Tem Rhodes stated that she did not see that there was a problem
in having Mr. George acting as the City Attorney and representing the City and
also advising the Mayor and the Council.
Mr. Kelly explained further that there are three parties to the matter and
the procedure calls for the petitioners to present their case; then City
Attorney George will present the City's case; and then Council Member Mendez'
attorney will present their case. He questioned how Mr. George could decide
what is admissible or what is not since he is a party to the case. He stated
that the assumption has been made that Mr. George is going to conduct the
investigation, but he would like to conduct his own investigation since it is
really his case to prove.
City Attorney George referred to Mr. Kelly's repeated remarks that he could
not give a fair or unbiased opinion in advising the Mayor and the Council. He
referred to lawsuits filed in other cities that addressed the issue of bias. He
stated that it had been determined that there was no bias. He referred to
another case involving the School Board in Robstown in which it was ruled that
remarks made by the School Board did not reflect bias either. He assured Mr.
Kelly that there has been no bias by himself or the City Council Members. Mr.
George continued by stating that as City Attorney he will be responsible for
advising the City Council. He referred to the previous hearing involving former
Council Member Jack Dumphey and stated that the rulings were made by the Mayor
in that hearing.
Council Member Guerrero also referred to the Dumphey case and noted that
there was never a question or a vote by the City Council on admission of
evidence.
City Attorney George responded by stating that apparently the Council at
that time did not feel that any ruling should be challenged.
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Council Member Guerrero continued and expressed concern with the fact that
in the Dumphey case, there was never any question raised and it appeared to be a
"kangaroo court." He stated that the evidence issue is still one that should be
resolved as to whether an attorney can object to the admission of evidence.
City Attorney George stated that there is a need to cut off so-called
evidence that is not relevant to the case being considered by the Council. He
noted that that is no different from any other Council meeting on issues they
are considering because there must be an orderly procedure. He summarized by
stating that the Mayor will make the rules, but the Council has the right to ask
questions also.
Council Member Guerrero stated that suspicion has already been leveled at
this City Council and inquired why he and Council Member Slavik were not on the
list to be subpoenaed.
Mr. Kelly responded that they did not vote on the ordinance.
Mr. Kelly then referred to a letter dated October 30 from Hal George to him
in which Mr. George asked for a list of persons that he wished to be subpoenaed,
any documents he wished to have at the hearing, and any questions he wished the
City Attorney to ask. He stated that the outline set up by Mr. George indicates
that the City Attorney will conduct the investigation. Mr. Kelly stated that he
wished to do his own investigation in order to remove Mr. Mendez from the
Council.
Council Member Moss stated that the City Council will conduct a fair
hearing within the laws that frame their latitude and the Council will need
advice from City Attorney George because they are not attorneys.
Mayor Pro Tem Rhodes stated that she had one more question and inquired
what recourse the Council has if someone who is subpoenaed refuses to appear.
City Attorney George explained that generally they can be charged with
contempt, but he did not know what the Council could do other than to levy a
$200 fine. Mr. George admitted that he is not satisfied with that and he will
continue to research this question.
Mr. Kelly interjected that if someone who is subpoenaed refuses to respond
and does not show up at the hearing, one can only assume that they have
something to hide.
Council Member Slavik stated that the Council does not want a kangaroo type
of hearing and inquired of Mr. George if he could not work with Mr. Kelly on the
subpoenas, also questioning why Mr. Kelly could not subpoena witnesses himself.
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Mr. George responded by stating that is something that needed to be
discussed. He pointed out that Mr. Kelly had a good point in that some of the
people may refuse to provide those documents under the advice of their
attorneys. He reiterated that the Charter says that the burden of proof must be
made by those bringing the charges. He also referred to the question Mr. Kelly
had raised in regard to documents that he had requested. He stated that those
types of documents usually go to the court but perhaps in this situation they
could be sent to the City Secretary's office if Mr. Kelly objected to their
being presented to the City Attorneys office.
Mayor Pro Tem Rhodes suggested that these issues needed to be decided now.
Council Member Pruet stated that he had received copies of a number of
letters from Mr. George to both Mr. Morales and to Mr. Kelly, and throughout the
documents there were many offers of cooperation. He stated that he did not think
that the Council would allow the City staff not to cooperate with both sides in
this hearing. He agreed with Mayor Pro Tem Rhodes that procedures need to be
established as soon as possible.
A motion was made by Council Member Strong that all subpoenaed information
be sent to the City Secretary's office and that only the three attorneys would
have access to that information. The motion was seconded by Council Member
Slavik.
Council Member Pruet inquired if it would not be more appropriate for these
matters to be discussed by the two attorneys and Council Member Mendez'
attorney. He pointed out that Mr. Mendez' attorney is not even present and he
felt that all three should be allowed to set the ground rules.
Mr. Kelly stated that it is satisfactory with him for the items to be sent
to the City Secretary's office.
The question was called on the motion, and Council Member Strong stated
that she would like to add, "with the understanding that Mr. Adams could object
if he desired."
City Attorney George stated that that is the usual procedure. Mr. George
then suggested that before any decisions are made, the Council might wish to go
into closed session because he would like to show them some of the requests that
Mr. Kelly has made.
A motion was made by Council Member Moss that this be tabled until after
they go into closed session. The motion was seconded by Council Member Guerrero
and passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet,
Slavik and Strong, voting "Aye"; Rhodes voting "No."
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Mayor recessed the Regular Council Meeting in order to go into the Special
Council Meeting for the purpose of conducting the closed meeting at 2:55 p.m.
Mayor Turner reconvened the Regular Council Meeting at 3:19 p.m. Mayor
Turner addressed Mr. Kelly and stated that the Council had made the decision
that attorneys Hal George, John Kelly and Larry Adams meet to establish
procedures, and if there are things on which they cannot agree, they will be
brought to the City Council next Tuesday for a final decision.
* * * * * * * * * * * * *
Mayor Turner called for the City Manager's report. City Manager McDowell
referred to Item 5 on the Council agenda which had been withdrawn during the
morning portion of the meeting and stated that he had a memorandum from Mr.
Victor Medina with answers to the questions posed on that item pertaining to the
purchase of Parcel 16 located at Surfside Boulevard at Canal Avenue. He pointed
out that the portion of the street had been closed on May 2, 1984 because
right-of-way was not needed. He also stated that the Real Estate Appraiser, Mr.
Thomas Dorsey, has the highest designation from the American Real Estate
Appraisers and credentials from the Master Appraisal Institute and is well
qualified in this line of work. Mr. McDowell continued by stating that Parcel
16 has been appraised at $58,200, or $14.51 per square foot.
Council Member Strong pointed out that in 1984 the Council was under the
impression that the Aquarium would be located either on the T -Head or on the
proposed new landmass and had no idea that the Aquarium would be located on
Corpus Christi Beach.
Council Member Guerrero pointed out that one of the members of the Board of
the Aquarium is the sister of the person who owns the property. (Mr. Guerrero
later changed that statement to provide information that the member of the Board
is the ex-wife of the owner of the property.)
Council Member Slavik pointed out that that property was not appraised at
$14.51 per square foot by the Tax Office, and she is concerned about this
property being appraised at ten times the amount which is listed on the tax
roll.
Mr. McDowell stated that he did not know what it is appraised on the tax
roll; the property needs to be acquired for the Aquarium; and he agreed that it
is unfortunate that it happens to be property that formerly belonged to the
City. Mr. McDowell suggested that with these questions clarified, the Council
consider passage of that motion.
A motion was made by Council Member Pruet that Item 5 be approved, seconded
by Council Member Strong and passed by the following vote: Turner, Berlanga,
Mendez, Moss, Pruet and Strong, voting "Aye"; Guerrero, Rhodes and Slavik,
voting "No."
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November 3, 1987
Page 29
Mr. McDowell referred to two other memos from Mr. Medina explaining
questions that had come up in regard to Items 7 and 10 which were on the Council
agenda.
* * * * * * * * * * * * *
Mayor Turner then called for the Council liaison reports.
Council Member Strong stated that a contingent of local officials went to
Florida to examine a boat pass and stated that she would like to present to the
Council a written report on this matter next week.
Council Member Berlanga stated that on November 10 the Farmer's Market will
open; it will continue to be open on Wednesday and Friday; the Sheraton Marina
Inn has volunteered space for this purpose on a temporary basis.
Economic Development Corporation - Council Member Mendez referred to a
report of the items discussed last week which had been presented to the Council.
Regional Transit Authority - Council Member Moss invited the Council to
attend the meeting with him on Wednesday at 7:00 a.m.
Convention and Visitor's Bureau - Council Member Pruet stated that a
bilingual education workshop was recently conducted in this City and that it was
a very successful regional meeting. He stated that at the present time
consideration is being given to this site as the location of an international
bilingual education meeting. He noted that the Convention and Visitor's Bureau
is working very hard and had recently conducted a retreat for the directors.
Council Member Slavik referred to the Intergovernmental Task Force and
pointed out that there is a need to appoint that committee.
Mayor Turner responded to this by suggesting that as early as possible,
that a workshop session be scheduled for a morning meeting within about three
weeks to discuss the status of the Action Agenda, and that task force would be a
part of that discussion, and also to consider a progress report on the budget.
Council Member Slavik also asked about seating in certain areas of the
airport, and City Manager McDowell stated that the seating will be alleviated by
the purchase of furniture. Council Member Slavik suggested that folding chairs
might be utilized in the American Airlines area, and Mr. McDowell stated that
this will be addressed.
Council Member Guerrero referred to the invitation to the Council Members
to attend the opening of the new Montgomery Ward store in Sunrise Mall.
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Council Member Guerrero stated that he would like to schedule the
appointment of a new member to the Port of Corpus Christi Authority on November
24, 1987. The Council did not object to this request.
City Manager McDowell inquired about the location for the hearing on
Council Member Mendez, noting the lack of space for tables in the Council
Chamber.
Council Member Moss suggested that it should be conducted in the Council
Chambers.
There being no further business to come before the Council, on motion by
Council Member Moss, seconded by Mayor Pro Tem Rhodes and passed unanimously,
the meeting was adjourned at 3:38 p.m.
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
November 3, 1987, which were approved by the City Council on November 10, 1987.6
WITNESSETH MY HAND AND SEAL, this the / day of /14-7/ / / X 7
,etty T ner, MAYOR
Armando Chapa, City Secretary
City of Corpus Christi