HomeMy WebLinkAboutMinutes City Council - 08/08/1989MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
AUGUST 8, 1989
2:00 p.m.
PRESENT
Mayor Betty Turner
Council Members:
Hall.
Tom Hunt
Clif Moss
Joe McComb
Edward A. Martin
Mary Rhodes
Frank Schwing
Absent
Mayor Pro Tem David Berlanga, Sr.
Council Member Leo Guerrero
City Manager Juan Garza
City Attorney Hal George
City Secretary Armando Chapa
y
Mayor Turner called the meeting to order in the Council Chamber of City
The invocation was delivered by Reverend Clifford Taylor of Bethany
Christian Church following which the Pledge of Allegiance to the Flag of the
United States was led by Council Member Ed Martin.
City Secretary Armando Chapa called the roll and verified that the
necessary quorum of the Council and the required charter officers were present
to conduct the meeting.
Mayor Turner called for approval of the Minutes of the Regular Council
Meeting of August 1, 1989 and there being no additions or corrections, she
proclaimed them approved as presented.
Mayor Turner recognized Mr. Gabe Rivas, Chairman of Feria de las Flores,
who invited the Council Members to the LULAC celebration and presented the
contestants for Queen of the Feria de las Flores Pageant. Mayor Turner
presented Mr. Rivas with a Proclamation designating August 12, 1989 as "Feria de
las Flores Day."
Mayor Turner recognized Mr. Tim Brown, representing the Austin law firm of
Booth and Newsom, who gave a presentation on the Edwards Aquifer Lawsuit filed
by the Guadalupe -Blanco River Authority as it relates to the Nueces River Basin.
Mr. Brown presented background information on water and water law in the State
MICROFILMED
lutes ,
Aar Council Meeting
..,..gust 8, 1989
Page 2
of Texas and elaborated on the ramifications of the lawsuit. Mr. Brown
summarized by stating that the City's water rights are potentially at risk
because the water that fills Choke Canyon comes from this area that the
Quadalupe-Blanco River Authority says is part of their river.
A discussion followed and a series of specific questions were asked by
various Council Members and Mr. Brown responded to the questions.
In answer to a question from Council Member Martin on what steps the City
of Corpus Christi should take in reference to this lawsuit, Mr. Brown responded
by stating that the City's legislative delegates should be informed so that they
can protect the City's interest. Mr. Brown stated that he will monitor the
lawsuit closely and advise the City when action is appropriate.
Council Member Martin made a motion to authorize staff to work with the
Nueces River Authority and their Counsel to make sure that the City is
represented and kept informed of this situation. The motion was seconded by
Council Member Moss.
After more discussion City Manager Garza suggested that a Resolution be
passed urging the speaker of the house and the lieutenant governor to appoint
representatives from the City's area to the Special Committee on the Edwards
Aquifer to study alternatives for a regional water plan.
It was the consensus of the Council that Mr. Garza's suggestion be part of
the motion. Council Member Martin added to his motion that the City not just
represent the City of Corpus Christi's interests but everyone directly or
indirectly using the water. The motion passed unanimously; Berlanga and
Guerrero absent.
Mr. Con Mimms, Executive Director of the Nueces River Authority, stressed
that they are watching this lawsuit very closely with the Coastal Bend's
interest directly in mind because of their joint ownership of the water rights.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions, Resolutions,
Ordinances and Ordinances from previous meetings on Items 1 thru 19 and City
Manager Garza withdrew Item No. 1 and indicated that Item No. 5 will be
discussed in closed session.
In reference to Item No. 8, Council Member Rhodes stated that she is an
advisory member for the South Texas Child Abuse Council; she is not a regular
board member; and she has been advised that she is able to vote on this item.
Relative to Item No. 3 on Ocean Drive and Water Street Traffic Signal
Improvements, various Council Members expressed concerns about the priorities of
these improvements. Questions were raised and responded to by Engineering
Services Director, Carl Crull, and City Manager Juan Garza. A motion was made
by Council Member Martin to table this item for one week so that the concerns
of the Council can be presented to the Transportation Advisory Board. The
Minutes
Regular Council Meeting
August 8, 1989
Page 3
motion was seconded by Council Member Moss and passed unanimously; Schwing
absent at the time the vote was taken; Berlanga and Guerrero absent.
In reference to Item No. 4 on the Water Utilities Facility, City Manager
Garza explained the recommendation for the new facilities, stating that the
proposed water utilities facility has been designed to consolidate the Water and
Wastewater administrative offices.
Council Member McComb expressed concern about the high cost of the
building, stating that there is no land cost involved, and Engineering Services
Director, Carl Crull, explained the various phases of the project.
Mr. Robert J. Reyna, 1821 Roslyn, concurred with Council Member McComb and
objected to the high cost of the building.
City Manager Garza indicated that he would like to withdraw Item No. 4 and
provide the Council with a clearer rendition of the recommendation.
In answer to a question from Mayor Turner relative to Item No. 6 on the
seawall and T -head improvements, Carl Crull, Director of Engineering Services,
explained the different phases of the contracts relating to the construction
phase of improvements to the seawall and T -heads.
Relative to Item No. 7 on the change order on the CADD/CAM System, Council
Member McComb and Moss inquired if training was included with the package, and
City Manager Garza replied in the affirmative but that the City did not award
that portion of the contract at the time the purchase was approved.
In answer to a question from Council Member Moss in reference to Item No.
10 on the Allen School Area Street Improvements Phase II, City Manager Garza
indicated that there are funds in the Water Bond Fund for underground
improvements.
In answer to a question from Council Member McComb if the City has penalty
provisions regarding street improvements, City Manager Garza responded by
stating that there are very severe penalty provisions if a contractor does not
finish the work in time.
City Secretary Chapa polled the Council for their votes and the following
were passed:
1. Withdrawn
Metien-epprevaig-tinnnAmmmmmt.&-fer-flne-TereT-4flechmeilimaect-B4d
Inv4tatten-41e-r—B4-491449-43-9--w4th—Getwr-44qmmnk—ier—att-t441Rerteik-annuel
expendlture-ef-$66T5;1750-based-en-lew-bldr-The-term-ef-the-eentraet-ehall
be—fetwelve—smonthisrek—e—op+4,713--te—eilAK41--fer-et—EkkkHAImmsa—twelve
menths-stibjeet-te—the-eppregt4-a4t1,10-14t7-inwl--14enterger-er-hle
desigeeem---These-4tems-4;444r4re—stx4EINI---St&t.ieftery-Stere-and-tteed-by
varteus-departments-threugheut-the-Gityr
Minutes
Regular Council Meeting
August 8, 1989
Page 4
2. M89-0215
Motion approving a supply agreement for hydrofluosilicic acid in accordance
with Bid Invitation No. BI -0255-89 with L.C.I., Ltd. based on the low bid
of $43,200. The term of the contract will be twelve months with option to
extend for an additional twelve months subject to the approval of the
supplier and the City Manager or his designee. Hydrofluosilicic acid is
used by the Water Division in the treatment of our water.
The foregoing Motion passed by the following vote: Turner, Hunt, Martin,
McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero
absent.
3. Withdrawn
Nation -awaraing -a -eentreet -1n-the -emeent -of -43437;2;715 -te -VT -GT -Hufir
far -the -eenstruetien -ei -treff4e -s4gmel -imprevemenee -te -Geean -DriveT -between
Deddrielge -anti --A-i-r-l-i-n-e--Readr --end- -en -4e-eet- -StreetT --bet-ween- -Kinney
Street -end -Mann -Streety
4. Withdrawn
Metien-awarelltig-e—e-ortt-reet--t-e--Noor-hettee--Gents-t-ntet-fort-Gemp-arit-itt-the-entettrit
ef-$IT4287;00-fer-the-Weter-Utilit4es-Fee4Iity-preieetT
6. M89-0217
Motion approving Amendment No. 2 to the contracts for engineering services
with Ogletree Engineering, Inc. ($19,200) and Goldston Engineering, Inc.
($25,500) which authorizes the contract administration services relating to
the Construction Phase of improvements to the Seawall and T -Heads.
The foregoing Motion passed by the following vote: Turner, Hunt, Martin,
McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero
absent.
7. M89-0218
Motion approving Change Order No. 1 in the amount of $13,550 to the
contract with Advanced Graphics, Inc., for training on various software
packages purchased in the original contract for the Computer Aided Drafting
system.
The foregoing Motion passed by the following vote: Turner, Hunt, Martin,
McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero
absent.
Minutes
Regular Council Meeting
August 8, 1989
Page 5
8. RESOLUTION NO. 20743
ACCEPTING THE EMERGENCY SHELTER GRANT FUNDS FROM THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT; ALLOCATING $38,200 TO THE GULF COAST COUNCIL OF LA
RAZA AND $27,800 TO THE SOUTH TEXAS CHILD ABUSE CRISIS CENTER; AUTHORIZING
THE CITY MANAGER TO EXECUTE CONTRACTS FOR THE DISBURSEMENT OF FUNDS; AND
APPROPRIATING $58,000.
The foregoing Resolution passed by the following vote: Turner, Hunt,
Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and
Guerrero absent.
9. ORDINANCE NO. 20744
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: -
ALLEN SCHOOL AREA, PHASE II - 1. Twelfth Street, from Morgan Avenue to
Elizabeth Street; 2. Eleventh Street, from Morgan Avenue to Booty Street;
3. Tenth Street, from Morgan Avenue to Booty Street and from McKenzie
Street to Ayers Street; 4. Alameda Street, from Morgan Avenue to Elizabeth
Street; 5. Elizabeth Street, from Brownlee Boulevard to Staples Street; 6.
Booty Street, from Eleventh Street to Alameda Street; and 7. McKenzie
Street, from Brownlee Boulevard to Alameda Street; FIXING A LIEN AND
CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN
EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye"; Berlanga and Guerrero absent.
10. M89-0219
Motion awarding a contract in the amount of $808,905 to A. Ortiz
Construction and Paving, Inc. for the Allen School Area Street
Improvements, Phase II.
The foregoing Motion passed by the following vote: Turner, Hunt, Martin,
McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero
absent.
11. SECOND READING
CLOSING AND ABANDONING TRAVIS AVENUE FROM SCHANEN BOULEVARD TO DUBLIN DRIVE
ADJACENT TO LOTS 8 AND 9, SCHANEN ESTATES UNIT 1, SHOWN BY PLAT IN VOLUME
20, PAGE 17, MAP RECORDS, NUECES COUNTY, TEXAS, AND ADJACENT TO LOTS 23 AND
24, SCHANEN ESTATES UNIT 3, SHOWN BY PLAT IN VOLUME 24, PAGE 12, MAP
RECORDS, NUECES COUNTY, TEXAS, SUBJECT TO THE PROVISIONS LISTED BELOW.
Ainutes
Regular Council Meeting
August 8, 1989
Page 6
The foregoing Ordinance was passed on second reading by the following
vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting,
"Aye"; Berlanga and Guerrero absent.
12. SECOND READING
CLOSING AND ABANDONING A 10 -FOOT WIDE UTILITY EASEMENT LOCATED BETWEEN LOT
9, SCHANEN ESTATES UNIT 1, AND LOT 23, SCHANEN ESTATES UNIT 3, CLOSING THE
NORTHWESTERN 119 FEET OF THE 10-FO0T UTILITY EASEMENT LOCATED BETWEEN LOT 8
SCHANEN ESTATES UNIT 1 AND LOT 24 SCHANEN ESTATES UNIT 3 AND LEAVING OPEN
THE REMAINING 250 FEET OF THE 10 -FOOT EASEMENT BETWEEN SAID LOT 8 AND LOT
24 SUBJECT TO CERTAIN PROVISIONS.
The foregoing Ordinance was passed on second reading by the following
vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting,
"Aye"; Berlanga and Guerrero absent.
13. SECOND READING
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH RED LINE
BURGERS, INC. TO ALLOW THE INSTALLATION AND MAINTENANCE OF AN ENTRANCE LANE
12 FEET INTO THE PUBLIC RIGHT-OF-WAY ON STANLEY STREET AT SOUTH PORT
AVENUE.
The foregoing Ordinance was passed on second reading by the following vote:
Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye";
Berlanga and Guerrero absent.
14. SECOND READING
AUTHORIZING THE RENEWAL OF THREE YEAR LEASE AGREEMENTS WITH THE PADRE
LITTLE -SENIOR LEAGUE FOR THE USE OF A TRACT OF LAND AT THE HOLLY ROAD WATER
RESERVOIR SITE AND FOR THE USE OF A TRACT OF LAND AT SOUTH GUTH PARK FOR
YOUTH SPORTS PURPOSES.
The foregoing Ordinance was passed on second reading by the following
vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting,
"Aye"; Berlanga and Guerrero absent.
15. ORDINANCE NO. 20745
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH FIRST OFFICE
MANAGEMENT, INC. DBA AMERICAN BANK PLAZA TO ALLOW THE INSTALLATION OF EIGHT
LANDSCAPE PLANTERS IN THE PUBLIC RIGHT-OF-WAY OF LEOPARD STREET AND
TANCAHUA STREET.
Minutes
Regular Council Meeting
August 8, 1989
Page 7
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye";
Berlanga and Guerrero absent.
16. ORDINANCE NO. 20746
AMENDING THE CODE OF ORDINANCES, CHAPTER 6, ANIMAL CONTROL, SECTION 6-21,
IMPOUNDMENT, SUBSECTION (F) TO AMEND THE FEE FOR ADOPTION OF UNCLAIMED
ANIMALS SO AS TO EXCLUDE THE IMPOUNDMENT FEE.
The foregoing Ordinance was passed on third reading by the following
vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting,
"Aye"; Berlanga and Guerrero absent.
17. ORDINANCE NO. 20747
AMENDING THE CODE OF ORDINANCES TO AUTHORIZE THE CITY
MANAGER TO APPROVE A
SCHEDULE OF FEES FOR ADMISSION TO THE CORPUS CHRISTI MU
The foregoing Ordinance was passed on third reading by
Turner, Martin, McComb, Moss, Rhodes and Schwing
voting, "No"; Berlanga and Guerrero absent.
18. ORDINANCE N0.20748
AMENDING SECTION 55-100 OF
1976 REVISION, SO AS TO
PROVIDING FOR REPEAL OF
EFFECTIVE DATE; PROVIDING
DECLARING AN EMERGENCY.
SEUM.
the following vote:
voting, "Aye"; Hunt
THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
PROVIDE CERTAIN INCREASES IN WASTEWATER RATES;
ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN
FOR .SEVERABILITY; PROVIDING FOR PUBLICATION; AND
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Hunt
voting, "No"; Berlanga and Guerrero absent.
19. ORDINANCE NO. 20749
AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL
RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE
PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE
EMPLOYMENT OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR INCREASED PRIOR AND
CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED
RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS.
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye";
Berlanga and Guerrero absent.
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
August 8, 1989
Page 8
Mayor Turner called for consideration of Item No. 20 on the 10th Street,
Booty to McKenzie Nueces County MHMR Revocable Easement.
Assistant City Manager Jesus Garza explained the recommendation; he
presented background information; and he commented on the traffic circulation
patterns in the proposed area. He stated that staff has spent considerable time
in evaluating the 10th Street closure and its impact on the surrounding area and
finds no compelling reason to reopen the street.
Ms. Irma Caballero, speaking on behalf of the MHMR Board, introduced
members of the board and requested that the Council not approve the motion to
revoke the easement rights which were granted to MHMR in 1986 which allowed them
to close a section of 10th Street. She elaborated on the request for the
closure of the street; she described the improvements of the area; and she
stated that they are proceeding with more facility planning. Ms. Caballero
stated that the MHMR Board believes that it is in the best interest of their
clients to keep the revokable easement.
Mr. Rix Musselwhite, 5808 Whitlow, read a prepared statement from 50
petitioners requesting that the revocable easement granted to MHMR be revocated
and the street returned to the public as a street like it was.
Council Member Rhodes expressed the opinion that the City should revoke the
easement. She expressed concern about the fence around a public street.
Mr. Sam Main, 922 Carmel Parkway, stated that he was at the public hearing
years ago when this was approved and he did not object to it because MHMR
requested it. He expressed the opinion that 10th Street should not have been
closed off.
Mr. John Campbell, 445 Sharon, representing Camtex Enterprises, stated that
they own five lots on 10th Street. He objected to the closure of 10th Street,
stating that it is a bad situation and he resents a Corpus Christi street being
turned into a green space.
Mr. Chuck Urban, representing Urban Engineering, presented plans and
drawings for the parking lot.
Council Member Martin expressed concern that the closure is really not for
the access of clients but to merge two pieces of property by closing a street.
Mr. Wally Whitworth, Executive Director of the MHMR Board, elaborated on
the reason for the parking lot improvement plans and commented on the original
request for the closure of the street.
Council Member Hunt expressed the opinion that a mistake has been made and
that the street should be reopened because of the many concerns of the citizens
in the area.
Minutes
Regular Council Meeting
August 8, 1989
Page 9
Council Member McComb expressed concern because Items 9 and 10, which were
just approved by the Council, are connected to this item and a change order on
the contract will have to issued if the easement is revoked. Mr. McComb stated
that MHMR has been able to get grants as a result of that closing and he
questioned whether those grants would have to be repaid.
In answer to Council Member McComb's concerns, Carl Crull, Engineering
Services Director, stated that if the easement were revoked and the decision was
made to retain the Booty and McKenzie intersection, there would have to be a
change order. He indicated that this could be added to another change order
because plans already have to be modified due to the parking arrangements for
the churches relative to the Allen School area- street improvements.
A lengthy discussion followed relative to the parking lot improvements and
the green space area.
City Secretary Chapa polled the Council for their votes and the following
motion was passed:
20. 1489-0220
Motion to revoke the easement rights granted to Nueces County MHMR Agency
to close 10th Street as authorized by City Council Motion No. M86-0075
passed February 11, 1986.
The foregoing Motion passed by the following vote: Turner, Hunt, Martin,
McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero
absent.
* * * * * * * * * * * * *
Relative to Item No. 21 on the Rehabilitation of Runway 13/31 Taxiway
System (Paving and lighting) and Runway 13/31 HIRL System, Assistant City
Manager Jesus Garza explained the recommendation for approving amendment No. 5
to the contract for engineering services with W. P. Wills Consulting Engineers.
Mr. Garza elaborated on the reason for the change order which he noted will not
cost the City any money.
Council Member Martin offered a suggestion which would eliminate this kind
of a change order. He suggested that in the future when the City awards these
types of contracts for engineering, that a clause be added that in case of
delays, it can be automatically extended until the completion of the project.
City Secretary Chapa polled the Council for their votes and the following
Motion was passed:
21. 1489-0221
Motion approving Amendment No. 5 to the contract for Engineering Services
with W.P. Wills, Consulting Engineers, Inc. to authorize payment for
Minutes
Regular Council Meeting
August 8, 1989
Page 10
additional construction phase services and full time resident inspection,
In an amount not to exceed 814,124.38, necessary to complete the
Rehabilitation of Runway 13/31 Taxiway System (Paving and Lighting) and
Runway 13/31 HIRL System.
The foregoing Motion passed by the following vote: Turner, Hunt, Martin,
McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero
absent.
* * * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 22 on the first reading
of the Ethics Ordinance.
Council Member Martin questioned the reason for Item 21 on page 2 which
prohibits an employee from representing someone before the City Council within
12 months after leaving City employment. He also questioned Item 16 on page 2
which prohibits a Council Member from appearing before any board, commission or
committee of the City on a matter of private interest. Mr. Martin stated that
he wanted clarification on Section 2-328, page 5, regarding the City Attorney's
opinion as being authoritative and he felt that the gifts to City Employees'
section was too stringent.
Discussion on various items of the code ensued, and it was suggested that
any Council Member who had some questions or concerns submit them in writing to
the staff for consideration of the entire Council before final passage of the
ordinance.
Council Member Hunt indicated .that there is no sense of emergency for the
Council to make a decision today and by rushing it through, the Council would be
diminishing the code's effectiveness.
Council Member Hunt then
Ordinance for three weeks unt
Council Members are made. The
passed by the following vote:
Martin, McComb and Rhodes votin
moved to defer the first reading of the Ethics
ill all changes and amendments requested by the
motion was seconded by Council Member Schwing and
Turner, Hunt, Moss and Schwing voting, "Aye";
"No"; Berlanga and Guerrero absent.
22. Withdrawn
g,
AMENDING-444E;-4303NE—GF-49RB-INIWEWA:1-4;14414P641-6--ADMINI-SALRA444914h—F*-REPEALING
ARTIGLE-41-,--GODE-44L-WPRIGS-r-4W-PF-6--ENTRETYT-4;4KR4q-SSGr--2-444-44144344-IS
HEBHBY-RENWMBEREB-Ag-CEC-g--2-440b-44WARNGaRA+4r-NFW-ARTIGbB-Vr
GODE-13F-ETHIGST
* * * * * * * * * * * * *
Mayor Turner announced the public hearing on the following zoning
application:
23. Application No. 789-1, Ms. Deanna I. Tomao: For a change of zoning from
"AB" Professional Office District to "8-1" Neighborhood Business District
Minutes
Regular Council Meeting
August 8, 1989
Page 11
on Lot 11, Block 6, Koolside Addition, located on the west side of Airline
Road, approximately 700' north of Kimbrough Drive.
Mayor Turner stated that both the Planning Commission and Staff recommend
denial, and in lieu thereof, grant a special permit for an antique and gift
store adhering to "AB" setbacks and permitting a freestanding sign meeting the
"AB" conditional sign guidelines.
Mayor Turner asked the applicant if the special permit would be acceptable,
and the applicant replied that it would not. The applicant, Ms. Deanna I.
Tomao, 5958 Cinnamon Oaks, read from a prepared statement, stating that the
establishment of an antique specialty shop would permit the highest and best use
of the property. She stated that the property adjacent to the subject tract is
used for single-family and is one of three single-family lots located between
Gollihar and McArdle Roads. She stated that the remaining properties are either
zoned "3-1", "AB" or have a special permit, stating that there was no reason why
"B-1" should not be granted as there are a lot of "3-1" zonings along Airline
Road. Ms. Tomao indicated that a special permit will limit her flexibility for
the highest and best use of the property and that "3-1" zoning will permit other
options without a delay encountered in the resubmission for approval of the
request of change.
City Planner, Alice Terrall, located the area on the zoning and land use
map and showed slides of the vicinity.
Brandol Harvey, Planning Director, indicated that staff is recommending
revisions to the "B-1" zoning district as to what is allowed. He indicated that
"B-1" is inappropriate for some of the uses in the area and he described the
appropriate uses for "3-1" zoning. Mr. Harvey stated that the City will revise
its zoning regulations to make the neighborhood business different in its
application.
Mr. John Tomao, 5958 Cinnamon Oaks, husband of the applicant, spoke in
favor of the "3-1" zoning to permit commercial activity and maintain the rustic
atmosphere of retail specialty shops. Mr. Tomao stated that they want the
flexibility to change, noting that their approach is to try and enhance the
neighborhood.
After a long discussion on this application, Mayor Turner noted that some
Council Members do not want to grant "3-1" given what is allowable in the "B-1"
designation. She stated, however, that designation will be changed to make it
more appropriate with the residential neighborhood.
A motion was made by Council Member Rhodes to close the public hearing;
seconded by Council Member McComb and passed unanimously by those present and
voting.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
Minutes
Regular Council Meeting
August 8, 1989
Page 12
ORDINANCE NO. 20750
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF DEANNA I. TOMAO BY
GRANTING A SPECIAL COUNCIL PERMIT FOR AN ANTIQUE AND GIFT STORE ADHERING TO
"AB" SETBACKS AND PERMITTING A FREESTANDING SIGN MEETING THE "AB"
PROFESSIONAL OFFICE DISTRICT CONDITIONAL SIGN GUIDELINES, ON LOT 11, BLOCK
6, KOOLSIDE ADDITION; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Hunt, Martin, McComb, Moss, Rhodes and Schwing voting,
"Aye"; Turner absent at the time the vote was taken; Berlanga and Guerrero
absent.
* * * * * * * * * * * * * *
Mayor Turner announced the public hearing on the following zoning
application:
24. Application No. C789-3, City of Corpus Christi Housing and Community
Development Department: For a change of zoning from "I-2" Light Industrial
District to "R -1B" One -family Dwelling District on Lot 1, Block 1, Vancura
Addition, located on the west side of Vancura Drive, approximately 280'
west of Omaha Drive.
Mayor Turner stated that both the Planning Commission and Staff recommend
approval of this application.
No one from the audience spoke in objection to this application.
A motion was made by Council Member McComb to close the public hearing;
seconded by Council Member Martin and passed unanimously.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
ORDINANCE NO. 20751
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE CITY OF CORPUS
CHRISTI HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT BY CHANGING THE ZONING
MAP IN REFERENCE TO LOT 1, BLOCK 1, VANCURA ADDITION, FROM "I-2" LIGHT
INDUSTRIAL DISTRICT, TO "R -1B" ONE -FAMILY DWELLING DISTRICT; AND DECLARING
AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye"; Berlanga and Guerrero absent.
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
August 8, 1989
Page 13
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Mr. Valenti Canales posed questions pertaining to the McKenzie jail zoning
case, and Mayor Turner requested the staff to assist Mr. Canales.
Ms. Ann Dodson presented material to the Council and a petition relative to
a coordinated evacuation plan in case of a nuclear accident on the USS Wisconsin
at Ingleside.
Mr. Raymond Wimberly presented material to the Council and spoke relative
to the Up River Road Utilities, Stage I project. He expressed concern regarding
changes to the pipe specification, and City Manager Garza indicated he will look
into Mr. Wimberly's concerns.
* * * * * * * * * * * * *
The Council went into closed session at 6:00 p.m. pursuant to Article
6252-17, Section 2(g), V.A.C.S., regarding appointment, duties, reassignment and
evaluation of personnel within the managerial group and regarding Item No. 5 on
the agenda on acquisition of property.
The Council came out of Closed Session at 6:30 p.m.
Relative to Item No. 5 on the acquisition of Parcel 4, the Council was
informed by City Manager Garza that the price for the property is $129,000.
City Secretary Chapa polled the Council for their votes and the following motion
passed unanimously; Berlanga and Guerrero absent.
5. M89-0216
Motion authorizing acquisition of Parcel 4, located on the west side of
Ayers Street between Holly Road and Saratoga Boulevard, from Cardco, Inc.
This parcel is part of the offsite drainage right-of-way for the Crosstown
Expressway.
* * * * * * * * * * * * *
City Manager Garza gave his report and stated that he will begin scheduling
workshop meetings in the near future on the Water Fund balance, the Blanche
Moore Development and the Telephone Franchise Tax.
Council Member Martin asked the staff to check into pay phone reimbursement
charges to the City. He also commented on the pitbull dog concerns expressed by
a citizen.
Council Member Rhodes asked for a report regarding asbestos removal
charges; she inquired when the pawnshop ordinance was going to return; and she
also asked some questions regarding meter repair charges.
- r
Minutes
Regular Council Meeting
August 8, 1989
Page 14
Mayor Turner spoke on the success of the Hairdressers Convention this past
weekend and stated that the only problem was the parking and that there was not
a giftshop in close proximity to the Convention Center.
Council Member McComb spoke about the competitive swimming needs of the
City and asked if the City was coordinating with the schools.
The Council asked to consider cancelling the Council Meeting of August 22,
1989, and City Secretary Chapa stated that he would check into the matter.
Mayor Turner adjourned the Council Meeting at 6:50 p.m. on August 8, 1989.
* * * * * * * * * * * * *
I HEREBY CERTIFY that the foregoing is a true and correct copy of the
Minutes of the Regular Council Meeting of the City of Corpus Christi of
August 8, 1989, which were approved by the City Council on August 15, 1989.
WITNESSETH MY HAND AND SEAL, this the
1989.
Betty Tur, er, Mayor
P42/1:1 -day of
Armando Chapa
City Secretary