HomeMy WebLinkAboutMinutes City Council - 12/03/1991MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
December 3, 1991
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Leo Guerrero *
Council Members:
Cezar Galindo
Betty Jean Longoria
Edward Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
City Manager Juan Garza
City Attorney James R. Bray, Jr.
Asst. City Secretary Dorothy Himmel
Mayor Rhodes called the meeting to order in the Council Chamber of City Hall.
The invocation was delivered by Reverend E. F. Bennett following which the Pledge
of Allegiance to the Flag of the United States was led by Council Member Martin.
Assistant City Secretary Himmel called the roll and verified that the necessary
quorum of the Council and the required charter officers were present to conduct the
meeting.
City Manager Garza played a tape recording of an incident involving a City
dispatcher handling a life-threatening situation on a 911 telephone call. Police Chief
Garrett commented about the particular dispatcher involved and spoke about the
responsibilities of the dispatchers.
Mr. Jim Avery, co-chairman of Harbor Lights, spoke about events planned for the
Harbor Lights celebration and invited the Council to attend the ceremonies on Saturday,
December 7th.
Mayor Rhodes referred to the Board and Committee appointments and the following
appointment was made: (M91-325)
Private Industry Council
Yolanda Olivarez - Mayor's appointment
MtCIIDSMED
Minutes
Regular Council Meeting
December 3, 1991
Page 2
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 1 thru 7, and Council Members requested
that Items 2 and 3 be withheld for discussion.
Assistant City Secretary Himmel polled the Council for their votes and the following
were passed:
1. M91-326
Motion approving the purchase of twelve General Electric portable radios with
accessories in accordance with Bid Invitation No. BI -0052-92 from Ericsson G.E.
Mobile Communications, Inc., Portland, Texas, based on the low bid of $22,764. The
equipment will be used by the Police Department and funds are available in the FY
1991-92 Capital Outlay.
The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo,
Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye.'
4. FIRST READING
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO EXECUTE
A ONE-YEAR LEASE AGREEMENT WITH LARRY J. MOKRY FOR A 23.019
ACRE TRACT OF LAND LOCATED AT THE NORTH CORNER OF THE
INTERSECTION OF CHAPMAN RANCH ROAD AND SARATOGA
BOULEVARD; AND APPROVING A RENTAL FEE OF EITHER A
DESIGNATED DOLLAR PORTION OF THE CROP HARVESTED FROM THE
ACREAGE OR A GUARANTEED $20/ACRE PER CROP YEAR, WHICHEVER
IS GREATER.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting,
"Aye."
5. ORDINANCE NO. 021295
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR
AGREEMENT WITH THE U.S. OPEN COMMITTEE FOR THE PURPOSE OF
HOLDING A SERIES OF WINDSURFING RACES AND RELATED
ACTIVITIES IN COLE PARK, DURING MAY OF 1993, 1994, 1995, 1996, AND
1997, AND PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on third reading by the following vote: Rhodes,
Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting,
"Aye."
Minutes
Regular Council Meeting
December 3, 1991
Page 3
6. ORDINANCE NO. 021296
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 AT THE EFFECTIVE DATE OF THE
ALLOWANCE 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 passed on third reading by the following vote: Rhodes,
Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting,
"Aye."
7. ORDINANCE NO. 021297
AMENDING THE CODE OF ORDINANCES, CHAPTER 23, HEALTH AND
SANITATION, SECTIONS 23-70, PROCEDURES AS TO REMOVAL OF
CARRION, FILTH, ETC.; 23-71 PROCEDURE AS TO CUTTING OR REMOVAL
OF WEEDS,RUBBISH, BRUSH, ETC.; AND PROVIDING FOR POSTING IN
LIEU OF PUBLICATION.
The foregoing ordinance passed on third reading by the following vote: Rhodes,
Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting,
"Aye."
► i i i t f i t t f■! i
City Manager Garza responded to questions raised by Council Member Martin on
Item 2, timetable for FY91 Community Development Block Grant Program Amendment.
Mr. Garza stated that the public hearing is required because the allocation of funds is of a
significant amount. Council Member Martin suggested waiting until spring and adding it
to next year's allocation. Mr. Garza stated that the timetable was brought to the Council
for their approval. He stated that there was a significant amount of funds that could be
carried over, stating that ordinarily they are carried over to the next year's program.
Bill Hennings, Director of Development Services, stated that it is a policy of HUD
that there be a public hearing if the changes are significant, noting that this is a significant
change.
Discussion followed dealing with the funds identified for reprogramming into the
FY91 CDBG Program, and Council Member McNichols agreed with the process of
reallocating the funds. He inquired when the projects to be funded will be decided on, and
Mr. Hennings responded that there will be a hearing on December 17th.
Minutes
Regular Council Meeting
December 3, 1991
Page 4
City Manager Garza read a list of recommended projects, and Council Member
Slavik requested the list in written form. Mrs. Slavik asked when next year's funds will be
available, and Kelly Elizondo, Senior Director of Housing and Community Development,
stated that next year's funding will be available August 1, 1992. Mrs. Slavik suggested that
if funding was cut back, this allocation could be carried over into next year's allocation.
Council Member Longoria stated that she would rather use the money now, rather
then carry it over.
Council Member McNichols clarified that the Council is only authorizing the
timetable for reallocating the funds and not endorsing the distribution of the funds.
Assistant City Secretary Himmel polled the Council for their votes and the following
motion was passed:
2. M91-327
Motion adopting the proposed timetable for the FY 91 Community Development
Block Grant Program amendment.
The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo,
Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye."
Council Member Moss expressed support of Item 3, adoption of a Repetitive Loss
Plan, a component of the Community Rating System Program, in order to maintain
eligibility for discounts on premiums for flood insurance in the City, and in response to
questions raised by Mr. Moss, City Manager Garza provided background information and
elaborated on the Repetitive Loss Plan.
Bill Hennings, Director of Development Services, stated that the effect of the plan
is that property owners in the City will receive a five -percent discount this year on their
insurance premiums and if the Council approves the Repetitive Loss Plan, it will be
submitted to the Federal Emergency Management Agency and the City will continue to be
eligible in the coming year for the five -percent discount.
Assistant City Secretary Himmel polled the Council for their votes and the following
resolution was passed:
3. RESOLUTION NO. 021294
ADOPTING A REPETITIVE LOSS PLAN, A COMPONENT OF THE
COMMUNITY RATING SYSTEM PROGRAM, IN ORDER TO MAINTAIN
ELIGIBILITY FOR DISCOUNTS ON PREMIUMS FOR FLOOD INSURANCE
IN THE CITY.
Minutes
Regular Council Meeting
December 3, 1991
Page 5
The foregoing resolution passed by the following vote: Rhodes, Guerrero, Galindo,
Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye."
Mayor Rhodes recessed the meeting to conduct the meeting of the Corpus Christi
Housing Improvement Corporation.
Mayor Rhodes reconvened the Council Meeting and declared a five-minute recess.
Mayor Rhodes reconvened the Council Meeting and relative to Item 8, Heritage Park
Lease Agreements, Mrs. Rhodes moved to table this item until the City Manager meets with
the tenants and subsequently brings forth options to the Council. The motion was seconded
by Council Member Galindo and passed by those present and voting.
8a. Tabled
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED
PEOPLE CORPUS CIIRISTI II. BOYD HALL BRANCII, FOR THE
UTILIZATION OF THE LITTLES MARTIN HOUSE, 1519 N. CHAPARRAL,
LOTS 11 & 12, BLOCK 70, BEACH PORTION; RESCINDING ALL PRIOR
LEASES; AND PROVIDING FOR PUBLICATION.
8b. Tabled
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITII TIIE
IRISH CULTURAL HOUSE, INC. FOR TIIE UTILIZATION OF TIIE
MCCAMPBELL HOUSE, 1501 N. CHAPARRAL, LOT 2, BLOCK 61, BEACII
PORTION; RESCINDING ALL PRIOR LEASES; AND PROVIDING FOR
PUBLICATION.
8c. Tabled
_ Y ECUTION OF A LEASE AGREEMENT WITH
CZECH HERITAGE SOCIETY OF SOUTH TEXAS, FOR THE UTILIZATION
OF THE JALUFKA HOUSE LOCATED AT 1513 N. CHAPARRAL, LOTS 3, 4,
Y e •
• .1. 1 • a
• e • Y t . . •
LEASES; AND PROVIDING FOR PUBLICATION.
Mayor Rhodes justified the reason that Item 9, parking fines, is back on the agenda
and stated that it will be a three -reading ordinance.
Minutes
Regular Council Meeting
December 3, 1991
Page 6
Discussion ensued regarding the fee of $1.00 on each parking violation to be assessed
as a court cost and to be used for the City's school crossing guard program, and Council
Member Martin requested a copy of the section of the code concerning the $1.00 for court
costs. Mr. Martin inquired if the Council has the authority to add this to parking fines, and
City Attorney Bray replied in the affirmative. Mr. Bray stated that the $1.00 is a special fee;
it is more of a court cost; and it is not a fine.
Council Member McNichols clarified that what is proposed today is that the original
parking fine which was $3 would be $5 if paid within ten days and the fine which was $6
would be $10 if paid after ten days, exclusive of the court costs or crossing guard fine.
A series of specific questions were raised by the Council, and City Attorney Bray
responded to the questions.
Mr. J. E. O'Brien, 4130 Pompano, commented about the time the Council voted to
dismiss over 10,000 warrants. He stated that position is inconsistent with increasing parking
fines. He expressed opposition to the increase.
Mr. R. F. Hasker, 1813 Wallace, expressed opposition to the increase in parking fees.
Mr. Ron Hudson, 3556 Austin, commented about the parking fines and suggested
increasing them for the violators, stating that it would be more cost-effective.
Council Member Martin requested figures as to what additional revenue the increase
would amount to. He expressed the opinion that the increase is reasonable, but
unfortunately it has been put to the Council as a revenue item and not a cost -reducer.
Assistant City Secretary Himmel polled the Council for their votes and the following
ordinance passed on first reading:
9. FIRST READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 53, TRAFFIC,
ARTICLE III, ENFORCEMENT AND COMPLIANCE, DIVISION 2, PENALTIES
AND IMPOUNDMENT, SECTION 53-55, PENALTIES, TO INCREASE FINE
ASSESSMENTS; PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
Guerrero, Longoria, Martin, McNichols, Moss and Slavik voting, "Aye"; Galindo and
McComb voting, "No."
Mayor Rhodes called for consideration of Item 10, acquisition of soil for landfill
operations.
Minutes
Regular Council Meeting
December 3, 1991
Page 7
City Manager Garza stated that the City needs soil for daily cover at the Elliott
Landfill and for final cover at the Westside Landfill. He indicated that the City has been
buying soil as the need arises on a priority basis or as the opportunity arises. Mr. Garza
stated that staff has developed a way to obtain the soil needed for cover and at the same
time yield some benefits to the City.
Tom Utter, Director of Public Works, provided background information and stated
that the City needs approximately 900,000 tons of soil. He stated that after thoroughly
reviewing the market price for an availability of the purchase of soil, staff has developed a
unique and extremely beneficial method to the City for meeting present soil needs at the
landfills. He stated that in working with Bay, Inc., staff has developed a proposal for
purchase of the needed soil which will result in not only meeting the soil requirements at
an excellent price, but in the donation to the City of a seventy-three acre park containing
a thirty-eight acre lake.
Mr. Utter continued by stating that in the negotiations with Bay, Inc., staff has
developed a proposed contract under which Bay will excavate over a 12 to 24 month period,
a thirty-eight acre, fairly shallow, lake and deliver approximately 200,000 tons of soil from
the site to the Westside Landfill at $2.01 per ton and approximately 700,000 tons would be
delivered to the Elliott landfill at $1.47 per ton. He stated that at the end of the excavation,
the 73 -acre site with the excavation would be donated to the City. Mr. Utter stated that this
will provide an excellent park area among other public uses.
Mr. Utter and City Attorney Bray responded to a series of specific questions raised
by the Council dealing with the provisions of the agreement, the proposed lake, and the cost
of the contract. Mr. Utter stated that the arrangement was the least expensive way of
providing the City with soil to close the Westside Landfill and for daily and final coverage
at the Elliott Landfill. He discussed plans for the lake, stating that it would be developed
as a nature area and would not be used for contact recreational purposes.
Following a lengthy discussion, Council Member Martin stated that the concept is a
unique idea but it is hard to justify another park when there are so many undeveloped
parks.
Council Member Slavik referred to the maintenance of the park and suggested
speaking to the local Audobon Society, and Mr. Utter stated that several local
environmentalists have expressed willingness to help develop the park into a habitat for
native birds and vegetation. Mrs. Slavik suggested that one of the groups could be asked
to adopt the park.
Council Members McComb and McNichols questioned the need for developing
another City park. Dr. McNichols stated that it is a very creative idea but expressed
concern about another City park, stating that lakes of this nature are a difficult thing to
maintain and manage on a long-term basis.
Mr. Utter stated that staff has looked at the possibility of acquiring this piece of land
and excavating it, but because a City ordinance prohibits open excavation pits within City
Minutes
Regular Council Meeting
December 3, 1991
Page 8
limits, the area must be filled in. He stated that filling the hole with soil would defeat the
purpose of the project. Mr. Utter declared that staff knows of no way to get this much soil
without leaving an excavation and they would not recommend that the City go out and
excavate a pit.
Mr Jimmy Till, 1265 Southern Minerals Road, agreed with the suggestion of the City
purchasing property and using its own soil. He asked if the residents in the area wanted a
lake and inquired if the park would have an odor, and Mr. Utter responded that there
would be no odor from the park.
For clarification, City Attorney Bray stated that he does not believe that the force
majeure provision in the contract would be bilateral and he requested direction from the
Council to change that part of the provision. He stated that even though there has been
much discussion about park land, the contract itself leaves it completely open for the
Council to determine, in the future, what the public use of the property would be.
Council Member Martin moved to amend the contract to include the force majeure
provision to extend bilaterally to the City, as well as to the contractor. The motion was
seconded by Council Member Slavik and passed unanimously.
Assistant City Secretary Himmel polled the Council for their votes and the following
motion passed as amended.
10. M91-328
Motion authorizing the City Manager to execute an agreement with Bay, Inc. in the
amount of $1,431,000, for the purchase of 900,000 tons of soil over a twenty-four
month period and the conveyance of a 73 acre tract out of the Las Colonias
Subdivision, in accordance with the terms and conditions of the Public Purpose Land
Donation and Excess Excavation Material Agreement on file with the City Secretary.
The foregoing motion passed, as amended, by the following vote: Rhodes, Galindo,
Longoria, Martin, Moss and Slavik voting, "Aye"; McComb and McNichols voting,
"No"; Guerrero absent at the time the vote was taken.
t f f t#• f Y i i t f i
Mayor Rhodes opened the public hearing on closing, but not abandoning, the right-
of-way of Holly Road from a point 0.75 miles east of Lexington Road to Oso Bay.
No one spoke in opposition to the closure.
A motion was made by Council Member Moss to close the public hearing; seconded
by Council Member Slavik and passed unanimously.
Assistant City Secretary Himmel polled the Council for their votes and the following
ordinance passed on first reading:
Minutes
Regular Council Meeting
December 3, 1991
Page 9
11. FIRST READING
CLOSING, BUT NOT ABANDONING, THE RIGHT-OF-WAY OF HOLLY
ROAD FROM A POINT 0.75 MILES EAST OF LEXINGTON ROAD TO OSO
BAY, AND ERECTING BARRICADES TO PREVENT VEHICULAR ACCESS.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting,
"Aye."
Mayor Rhodes opened the public hearing on closing and abandoning portions of
street and alley rights-of-way not previously closed in the area bounded by U.S. Highway
181, Navigation Boulevard, Avenue F, and Breakwater Avenue; and the closure of a portion
of the sewage disposal right-of-way north of Navigation Boulevard.
No public comment was made during the hearing.
Mayor Pro Tem Guerrero moved to close the public hearing; seconded by Council
Member Moss and passed unanimously by those present and voting.
Assistant City Secretary Himmel polled the Council for their votes and the following
ordinance was passed:
12. ORDINANCE NO. 021299
CLOSING AND ABANDONING FOR ALL PURPOSES THE FOLLOWING
STREETS AND ALLEYS WHICH HAVE NOT BEEN PREVIOUSLY CLOSED
BY ORDINANCE NO. 295 PASSED AUGUST 12, 1930 OR ORDINANCE NO.
719 PASSED MAY 28, 1937 WITHIN BROOKLYN ADDITION AS RECORDED
IN VOLUME A PAGES 30-32 OF THE MAP RECORDS NUECES COUNTY,
TEXAS: (1) PEARL STREET, EAST OF BLUNTZER STREET BETWEEN AND
ADJACENT TO BLOCKS 51 AND 52; (2) THE ALLEY WITHIN BLOCK 52: (3)
TIMON BOULEVARD, EAST OF AND ADJACENT TO BLOCK 52; (4)
BLUNTZER STREET, SOUTH OF PEARL STREET, BETWEEN AND
ADJACENT TO BLOCKS 51 AND 90; (5) THE ALLEY WITHIN BLOCK 90; (6)
MESQUITE STREET, SOUTH OF PEARL STREET, BETWEEN AND
ADJACENT TO BLOCKS 90 AND 97; (7) THE ALLEY WITHIN BLOCK 97; (8)
10TH STREET, EAST OF F STREET, BETWEEN AND ADJACENT TO
BLOCKS 96 AND 97; (9) THE ALLEY WITHIN BLOCK 96; AND (10) F
STREET, WEST OF AND ADJACENT TO BLOCKS 96 AND 97. ALL AS
SHOWN ON EXHIBIT A-1 AND 1-2; CLOSING AND ABANDONING FOR ALL
PURPOSES THAT PORTION OF THE SEWAGE DISPOSAL RIGHT-OF-WAY
NORTH OF NAVIGATION BOULEVARD AS DESCRIBED IN VOLUME 221,
PAGE 494 DEED RECORDS, NUECES COUNTY, TEXAS DATED
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Regular Council Meeting
December 3, 1991
Page 10
SEPTEMBER 8, 1936, SUBJECT TO CERTAIN CONDITIONS; AND
DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols and Moss
voting, "Aye"; Slavik absent at the time the vote was taken.
s s: r s s s s a s e s e
Mayor Rhodes called for consideration of Item 13, accepting an approximate 4.675
acre tract adjacent to the Westside Sanitary Landfill for slope control and perimeter access.
There were no comments from the Council or the audience.
Assistant City Secretary Himmel polled the Council for their votes and the following
motion passed:
13. M91-329
Motion accepting an approximate 4.675 acre tract adjacent to the Westside Sanitary
Landfill for slope control and perimeter access.
The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo,
Longoria, Martin, McComb, McNichols and Moss voting, "Aye"; Slavik absent at the
time the vote was taken.
Mayor Rhodes opened the public hearing on the following zoning application:
14. Case No. 1191-1. Medical Care International, Inc.: A change of zoning from "AB"
Professional Office District to "B-4" General Business District on Lots 5, 15, 16 and
portions of Lots 11, 12, 13 and 14, Block 8, Bayview Addition, located on the
northeast corner of Morgan and Santa Fe Streets.
Mayor Rhodes stated that both the Planning Commission and staff recommend denial
of the "B-4" District, and in lieu thereof, recommend approval of a 'B-1" Neighborhood
Business District.
Mayor Rhodes inquired if the "B-1" zoning is acceptable to the applicant, and he
replied in the affirmative.
Michael Gunning, a City planner, gave a video presentation of the subject site and
described the land use and zoning in the surrounding area. He stated that the applicant is
requesting a zoning change to develop the property with a parking lot, stating that it is
currently occupied by undeveloped land.
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Regular Council Meeting
December 3, 1991
Page 11
Mr. Clyde Jackson, 1225 Third Street, stated that he owns property that abuts the
subject property. He explained that he is not opposed to the proposed parking lot provided
there is a fence on the sides that abut the residential property. He also spoke of the
potential traffic problem.
Following a brief question and answer period, Council Member Martin requested that
the Council be provided a more detailed summary describing the zoning case.
The applicant discussed the plans for the project and also informed how the subject
property will be developed. He showed a layout of the proposed parking plans and stated
that he would be willing to put up a screening fence.
Discussion followed and Mr. Gunning stated that the area has established itself as
an office multi -family area. He stated that he does not believe the area is transitioning into
a more commercialized area.
Council Member Martin moved to close the public hearing; seconded by Council
Member McComb and passed unanimously.
Council Member McNichols stated that he did not agree with the assessment that this
area is not transitioning toward a more commercial area, and Mr. Gunning then agreed with
Dr. McNichols, stating that the City is seeing an increase of pharmacies and parking areas
for medical offices in the area.
Assistant City Secretary Himmel polled the Council for their votes and the following
ordinance was passed:
ORDINANCE NO. 021300
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MEDICAL
CARE INTERNATIONAL, INC., BY GRANTING A CHANGE OF ZONING
FROM "AB" PROFESSIONAL OFFICE DISTRICT TO 'B-1" NEIGHBORHOOD
BUSINESS DISTRICT ON LOTS 5, 15, 16, AND PORTIONS OF LOTS 11, 12, 13,
AND 14, BLOCK 8, BAYVIEW ADDITION; AND DECLARING AN
EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik
voting, "Aye"; Guerrero absent at the time the vote was taken.
Mayor Rhodes opened the public hearing on the following zoning application:
15. Case No. 1191-2. Robert Harris: A change of zoning from 'R -1B" One -family
Dwelling District to 'B-1" Neighborhood Business District on Lot 3, Block 8,
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Regular Council Meeting
December 3, 1991
Page 12
Gardendale No. 2, located on the south side of Curtis Clark Drive, approximately 166
feet east of Everhart Road.
Mayor Rhodes stated that both the Planning Commission and staff recommend denial
of the application.
Planner Michael Gunning showed slides of the area. He described the land use and
zoning in the surrounding area and stated that the applicant is requesting a zoning change
to develop a parking lot for the adjacent shopping center. He described the adjacent zoning
and land use.
Mr. Robert Harris, the applicant, 5202 Royalton, stated that the shopping center is
full of tenants and they are experiencing a parking problem. He discussed the proposed
plans and stated that he wishes to develop a parking lot to serve the adjacent retail center.
He stated that the existing residence on the property will be removed.
Mr. Jim Boller, 5922 Parkland, the applicant's real estate agent, presented maps of
the area and reviewed details involving other zoning in the immediate area. He expressed
the opinion that the request is reasonable, based on other zoning which has been granted.
Mr. Boller pointed out there has been no opposition to the request. He stated that the
applicant would be willing to accept a special permit. Mr. Boller stated that the proposed
parking lot would provide a buffer from the shopping center.
No one spoke in opposition to the zoning change.
Mayor Pro Tem Guerrero moved to close the public hearing; seconded by Council
Member McNichols and passed unanimously by those present and voting.
Mayor Pro Tem Guerrero made a motion to deny the "B-1" zoning and, in lieu
thereof, to direct staff to bring forth an ordinance granting a special permit for the parking
lot, subject to acceptance by the staff of a site plan with a screening fence and landscaping.
The motion was seconded by Council Member McNichols and passed unanimously.
Council Member McNichols commented in regard to the color -coded diagram which
gives specific references to properties, stating that it is clearly understood and would benefit
the Council, and Mayor Rhodes requested staff to present the Council with the cost of those
colored maps
Mayor Rhodes opened the public hearing on the following zoning application:
16. Case No. 1191-3, Oso Growers. Inc.: A change of zoning from "R -1B" One -family
Dwelling District to "F -R" Farm -Rural District on Lot 7, Section 38, Flour Bluff and
Encinal Farm and Garden Tracts, located on the southside of Ramfield Road,
approximately 630 feet west of Flour Bluff Drive.
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Regular Council Meeting
December 3, 1991
Page 13
Mayor Rhodes stated that both the Planning Commission and staff recommend
approval of the application.
No one expressed opposition to the zoning change.
A motion was made by Mayor Pro Tem Guerrero to close the public hearing;
seconded by Council Member Galindo and passed unanimously.
Assistant City Secretary Himmel polled the Council for their votes and the following
ordinance was passed:
ORDINANCE NO. 021301
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF OSO
GROWERS, INC. BY GRANTING A CHANGE OF ZONING FROM "R -1B"
ONE -FAMILY DWELLING DISTRICT TO "F -R" FARM -RURAL DISTRICT ON
LOT 7, SECTION 38, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and
Slavik voting, "Aye."
Mayor Rhodes called for the City Manager's report, and City Manager Garza
informed the Council that next Tuesday the Council will be given a tour of the City's sign
shop and he provided details of the tour.
Mayor Rhodes called for Council concerns and liaison reports.
Council Member Slavik asked if the City is currently requiring the use of water saving
plumbing fixtures when doing housing rehab projects, and if not, she requested that they
begin doing so, stating that it is a conservation idea. Mr. Garza stated that amendments will
be presented to the Council which will affect the City's plumbing code and will conform to
the State law.
Mrs. Slavik asked for a written staff comment regarding limiting the terms of the
City's municipal court judges.
Council Member Moss commented about a Highway Bill passed by Congress
regarding highway funds and stated that he would like to know more about the Bill, and City
Manager Garza stated that staff checked into the Bill, noting that the funds will be funneled
down through the State.
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Regular Council Meeting
December 3, 1991
Page 14
Mr. Moss requested a current financial statement for the Tax Increment Finance
Zone No. 1, and City Manager Garza commented on this item, and Mayor Rhodes
requested that the Council be provided a memorandum on this matter.
Council Member McNichols stated that the policy committee appointed by the Mayor
and Council to work with the subcommittee of the Texas Water Commission has met and
within a few weeks will bring forth a recommendation for filling some of the positions that
were spoken about previously.
Council Member McComb referred to the area on Shoreline by Marina Del Sol and
reported that it appears that the City is not enforcing its code in terms of maintenance.
Mr. McComb referred to the saltwater brine discharge in Nueces Bay and asked if
that area is within the City's Extraterritorial Jurisdiction, and City Manager Garza replied
in the affirmative. Mr. McComb raised questions about the City's jurisdiction, and City
Manager Garza stated that he will check into the situation.
City Manager Garza provided an update concerning the December 9th water hearing.
Council Member Martin suggested that a letter of appreciation be sent to Mr. Atlee
Cunningham for his letter informing the City about the water situation, and City Manager
Garza stated that he will take care of it.
Regarding a matter brought up by Council Member Galindo concerning the release
of chemicals into the ship channel, City Manager Garza stated that he will meet with Mr.
Galindo about this matter.
Mayor Rhodes called for petitions from the audience on matters not scheduled on
the agenda.
Mr. Ron Hudson, 3556 Austin, inquired about winter rate averaging and commented
about the water and sewer charges on his utility bill. City Manager Garza stated that he will
check into Mr. Hudson's bill.
There being no further business to come before the Council, Mayor Rhodes declared
the Council Meeting adjourned at 6:02 p.m. on December 3, 1991.
Y t i! f i i f i• t i f
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 December 3, 1991, which
were approved by the City Council on December 10, 1991.
WITNESSETH MY HAND AND SEAL, this the 31st day of December, 1991.
1'
Armando Chapa
City Secretary