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HomeMy WebLinkAboutMinutes City Council - 02/29/1984MINUTES CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING FEBRUARY 29, 1984 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner * Council Members: David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles Kennedy Joe McComb Frank Mendez Mary Pat Slavik tit City Manager Edward A. Martin Assistant City Attorney John Bell City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend Terry Calley of First Wesleyan Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Frank Mendez. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Council Member Mary Pat Slavik that the Minutes of the Regular and Special Council Meetings of February 22, 1984 be approved as presented; seconded by Council Member Charles Kennedy; and passed unanimously. Mayor Jones announced the issuance of the following proclamation: "READING WEEK" - March 1 thru 3, 1984. Mayor Jones commented that his daughter would be attending a seminar associated with "Reading Week". * * Mayor Jones called for an announcement by the Buccaneer Commission about fireworks for the 4th of July. MICROFILMED Minutes Regular Council Meeting February 29, 1984 Page 2 Mr. Joe De Leon, representing the Buccaneer Commission, announced that they voted unanimously to sponsor a fireworks display for the City on the 4th of July. He expressed appreciation to the Council and the City for their support of Buccaneer Days' Celebration. He explained that the Buccaneer Commission plans a 30 -minute fireworks display to be held on the evening of the 4th of July and noted that this was accomplished at the urging of Mayor Jones. Mayor Jones and Council Member Slavik expressed their appreciation to the Buccaneer Commission. Mr. De Leon then introduced other members of the Buccaneer Commission, Mr. Ralph Bennett and Mr. Bob Tucker who were present in the audience. * * * * * * * * Mayor Jones presented a retirement plaque to the following employee: NAME Eulalio M. Castanon YEARS DEPARTMENT POSITION OF SERVICE Water Water Meter Repairperson 32 Mayor Jones then presented 30 -year pins to the following employees: NAME Joe M. Solis Jimmy Thompson Ernest D. Wilson Enrique J. Hernandez * Ludia F. Phelps DEPARTMENT Police Police Police Sanitation Fire * Mr. Phelps was eligible to receive a 30 -year the meeting. POSITION Assistant Chief of Police Senior Officer Senior Officer Equipment Operator Firefighter II pin but was unable to attend * Mayor Pro Tem Turner arrived at the meeting at 2:10 p.m. during the foregoing presentations. Chief Bill Banner who was present for the presentation of 30 -year pins for his employees then introduced several police officers on his staff and expressed appreciation to them for their dedicated service to the City and to the Police Department. Mayor Jones made appropriate remarks also expressing appreciation to the Police Chief and the Officers present and stated that he felt that they were the best Police Department anywhere. Minutes Regular Council Meeting February 29, 1984 Page 3 Mayor Jones then administered the oath to the following new appointee to Boards and Committees: Mrs. Maronelle Hoting, Museum Advisory Board. Mayor Jones announced the bid openings on the following engineering projects: 1. Convention Center signs and lobby improvements. Assistant City Manager James K. Lontos opened bids on this project from the following companies: Ibanez Construction Company, ANCO Sales Company, B & B Builders, W. D. Green Construction Company, Inc., B. E. Beecroft Company, Inc. and Architectural Graphics, Inc. He verified that the required bid security bond had been submitted with each bid. Mr. Lontos informed the City Council that the bid submitted by Architectural Graphics, Inc. was an irregular bid in that it was incomplete and was a bid for the signs but did not include related work. Council Member Guerrero pointed out that the Council can decide whether to accept or reject all bids. City Manager Martin explained that the Staff will make a recommendation to the Council about the award of the bid. Council Member Guerrero inquired if it would be possible for the Council to receive the analysis of the bids as recommended by the Staff, and Mr. Lontos explained that the Staff needs to review what is missing from the proposal from Architectural Graphics, Inc. He noted that it is obvious that they did not bid all of the work. He summarized by stating that the bids will be tabled for 48 hours. Council Member Mendez referred to the bid bond and inquired if the bonding companies were local. He stated that he would like for the Council to know whether or not they are. Council Member McComb expressed the opinion that the Council cannot reject a bid just because the bonding company is not local. Mr. Lontos assured the Council that the Staff will check the bid bonds before recommending an award of the bid. 2. Installation of a movable partition to divide the Exhibit Hall. Assistant City Manager Lontos opened bids on this project from the following firms: Crawford -Main Construction, Inc., Ibanez Construction Company, AANCO Sales Company, Coastal A.D.S., Inc., B. E. Beecroft Company, Inc., Bracco Construction Company, and Unistrut Division. Minutes Regular Council Meeting February 29, 1984 Page 4 Council Member Slavik noted the disparity questioned the reason for this. in the amounts of the bids and Mr. Lontos stated that he was not sure but he would check the bids very carefully before making a recommendation. Mayor Jones expressed appreciation to the contractors who had submitted bids and stated that they would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. Mayor Jones called for Appointments to Boards and Commissions. A motion was made by Mayor Pro Tem Turner that the following appointments be confirmed, seconded by Council Member Guerrero and passed unanimously. I. a. Corpus Christi Business Development Commission: (Nominated by the Mayor and Appointed by the City Council) Mrs. Pat Eisenhauer b. Landmark Commission: Mrs. Margaret Wead II. Appointments to Corpus Christi '90 Task Forces Term: 1-26-86 11-20-84. TASK FORCE I - Culture/Arts/Landscaping/Parks/Recreation/Marina Jan Patton R. C. Allen Mercedes Eugenio Monsignor Richard Shirley Dr. Oscar Garcia Ralph Durden Barry Andrews Chip Zamora Juan Jose Gussoni Roland Gaona TASK FORCE II - Economics/Business Development/Central City Development Mary Williams Dee W. Haven Joan Rivers W. L. Bates Sam Allen Lorenzo Hernandez Leo Barrera Jerry Kane Miguel Pro Al Jones Minutes Regular Council Meeting February 29, 1984 Page 5 TASK FORCE III - Education Raymond Hinojosa Burma Barnett Vic Menard Ann Hinojosa Raul Vasquez Wallace Davis Linda Bridges Pat Isensee Mrs. Katherine Conoly David Berlanga, Jr. TASK FORCE IV: - Government/Charter Revision Pauline Clarke Donald Taft Barbara Campbell Jack Graham Juan Gonzales Ted Oakley Jon Bonilla Donna Shirley Gus Leija Guy Watts TASK FORCE V: - Growth/Infrastructure Needs/Utilities/Basic Services Wayne Bishop S. E. Kelly L. J. Cohen Jack Solka Arnaldo Garcia Reynaldo Perez, Jr. Martha Elliott Mike Nogueria Roosevelt Porter David Engle Mayor Jones then called for Confirmation of Action of the Council from the Workshop Session on the following item: 1. A special workshop be held on the Community Development Block Grant Program at 7:00 p.m., Tuesday, March 20, 1984. A motion was made by Mayor Pro Tem Turner that the foregoing action be confirmed, seconded by Council Member Guerrero and passed unanimously. Mayor Jones called for Consideration of the Consent Motions on the following items: 1. Bids be received March 20, 1984 for a twelve months supply agreement, with an option to extend for an additional twelve months, subject to the approval of the seller and the City Manager, or his designee for an estimated 898,700 gallons of regular gasoline and 523,000 gallons of unleaded gasoline. 2. Bids be received March 20, 1984 for seventy high intensity beam, rechargeable flashlights with chargers and replacement bulbs and lenses for the Police Uniform Division. The flashlights are included in the 1983-84 Budget. Minutes Regular Council Meeting February 29, 1984 Page 6 3. Plans and specifications for a new City Warehouse at the City Service Center be approved, and bids be received on March 28, 1984. The proposed 14,400 square foot warehouse will replace the existing warehouse at 523 North Alameda and is to be funded by the Public Utilities Operating Fund, the Self -Insurance Fund, and Revenue Sharing Funds, all as provided for in the 1983-84 Budget. 4. Bids be received April 3, 1984 for replacement impellers and bowl assemblies for raw, wash and high service water pumps located at the Cunningham, O.N. Stevens Filter Plants and Savage Lane Pumping Station. The replacement parts are included in the pump maintenance program with funds available in the 1983-84 Budget. The parts will be used to rebuild the pumps so they will be operating at full capacity. 5. A public hearing be held March 21, 1984, on the closure request of one half of Doss Street adjacent to Lot 1, Block 3, Brennan Addition. This portion of Doss Street is currently unimproved between Brennan and Mestina Street. 6. Annual purchase for heavy duty trucks for various City departments be approved as follows: Bill Gardner Pontiac/GMC 6 1 -ton, 5 2 -ton & 1 21 -ton trucks Total: $148,007.44 Tradewinds Ford Sales 1 21/2 -ton truck Total: $21,025.25 GRAND TOTAL: $189,946.14 Edaburn International 1 21 -ton truck Total: $20,913.47 The trucks are included in the 1983-84 Budget. 7. Accepting the low bid from Superior Remount, Inc. for one budgeted ambulance and one additional ambulance at a cost of $39,689.43 per vehicle and a total cost of $79,378.36. Approving the purchase of the additional ambulance with funding from the $10,310.57 saved on the bid versus budgeted amount and the remainder from the Revenue Sharing Vehicle Replacement Fund. Six bid invitations were issued and two bids were received. Price comparison shows an 18% decrease since the last purchase. 8. Authorizing acquisition of a parcel (#4) located in Block 45 at the corner of N. Staples and Leopard Streets from the Catholic Diocese of Corpus Christi in connection with the City Hall Land Acquisition Project. City Manager Martin referred to item 7 pertaining to the purchase of two ambulances and explained that only one ambulance was included in the budget but because of the low bid received on the one ambulance, he is recommending the purchase of two ambulances. He explained that this would be in accordance with Minutes Regular Council Meeting February 29, 1984 Page 7 the overall plan for ambulance replacement and the purchase of an additional ambulance at this time would allow the City to replace only two ambulances in next year's budget rather than three. Assistant to the City Manager Leah Olivarri explained the condition of the ambulances, including their age and excessive mileage. Council Member Slavik referred to item 5 which sets a public hearing for the closure request of one-half of Doss Street. She expressed the opinion that the abutting property owner should pay some fee to the City for the land acquired through closing of the street. City Manager Martin explained that this item is to set the public hearing, not debate the question of who benefits from the street closing. He informed the Council that the Staff has not established a policy to charge for land acquisition as a result of street closings but the matter is being considered. Council Member Slavik referred to item 3 which authorizes bids to be received for the construction of a new City Warehouse. She inquired about the disposal of the existing warehouse, and City Manager Martin stated that it was demolished by a fire. He pointed out that this is located in the new City Hall site. City Manager Martin then referred to item 8 which authorizes the acquisition of a parcel of land at the corner of North Staples and Leopard Streets and stated that this was an important acquisition of a key piece of property for the City Hall site. He stated that the City is within the budget on the land acquisition and reported that 50% of the required property has been acquired and many of those are key parcels of land. Council Member Brown referred to item 6 and inquired if the recommendation for purchase of heavy duty trucks represented an award to the lowest bidders. Mr. Martin replied in the affirmative. Mayor Jones called for comments from the audience on items 1 through 8. Mr. J. E. O'Brien, 4130 Pompano, speaking on behalf of the Corpus Christi Taxpayers' Association, referred to item 3 in regard to the new City Warehouse and suggested that the police shooting range building be utilized for the warehouse. He stated that in lieu of that, since this is to be funded by Revenue Sharing, the Public Utilities' Operating Fund and the Self -Insurance Fund, he agreed that this was the proper use of Revenue Sharing Funds since it is for a permanent installation. He stated that his group objected to the use of the Public Utilities' Operating Fund and the Self -Insurance Fund. He referred to the transfer of funds from the various Utilities' funds to the General Fund for in lieu of and franchise taxes and objected to this practice. He also expressed opposition to using funds from the Self -Insurance Fund for construction of a new City Warehouse. He reminded the Council that there was Minutes Regular Council Meeting February 29, 1984 Page 8 supposed to be a discussion of eliminating the practice of taking "in lieu of" and "franchise" taxes from the Utility funds. He expressed the opinion that the City of Corpus Christi has the highest utility costs in the State and stated that he felt it was because of the practice of transferring funds from the Utilities to the General Fund. City Manager Martin addressed the allegations made by Mr. O'Brien and stated that Corpus Christi does not have the highest utility bills in the State of Texas. He stated that if Mr. O'Brien has proof of that allegation, he would like to see it. He pointed out that the users of the City Warehouse should pay for the Warehouse and the major users of those facilities are the Utility Divisions. He referred to the discussion of the transfer of funds procedures for "in lieu of" and "franchise" taxes and reminded Mr. O'Brien that he had previously suggested that this discussion be delayed until after the preliminary budget and the Council agreed to that. He informed Mr. O'Brien that the Budget Review is scheduled for Thursday night, March 1st, and he would be glad to have the Council schedule the discussion of the Utility funds after that. He also pointed out that the transfer from the self insurance fund was in payment for the fire damage, and that is what the self insurance fund is for. Council Member McComb stated that the Council is committed to discussing the "in lieu of" and "franchise" taxes and assured Mr. O'Brien that such a discussion would be scheduled. There were no further comments from the audience on these items. A motion was made by Council Member Kennedy that the Consent Motions items 1 through 8 be approved; seconded by Council Member Guerrero; and passed unanimously. Mayor Jones called for Consideration of Motions from the Regular Agenda on the following items: 9. The request of Mr. Duane Davis to close one-half of a 75 -foot wide by 238 -foot long drainage easement abutting Lot 1, Staples Grove Subdivision at LaCosta Drive and South Staples Street be denied. This drainage easement is a portion of the Mary Carroll Drainage Ditch. The easement is needed for future drainage facilities and for maintenance purposes. City Manager Martin stated that he would like to withdraw this item in accordance with the request of the parties involved. 10. Authorizing the City to join the Texas Municipal League Cable TV Defense Fund effort opposing proposed federal cable television legislation deregulating basic service rates, abrogating existing franchise agreements, and guaranteeing renewal to incumbent cable television franchise holders, and allocating $2,319.00 as the City's share in the statewide effort. Minutes Regular Council Meeting February 29, 1984 Page 9 Mayor Jones informed the Council that Assistant City Attorney Jay Doegey has written letters in regard to Cable Television that were sent all over the United States. He stated that he felt that Mr. Doegey is one of the outstanding experts in regard to Cablevision. City Manager Martin informed the Council that the technical portion of this item has received very little publicity. He expressed a great deal of concern that if the proposed National Legislation is approved, the consumer is the one who would have to pay, and this would be very serious for the public. He stated that the two particularly detrimental bills pending in Congress are Senate Bill 66 and HR 4103. He stated that the City is cooperating with other Texas cities through the Texas Municipal League to oppose the bills referred to. He stated that it is his understanding that nearly every city in the United States is in opposition to the passage of these bills. Mayor Pro Tem Turner expressed the opinion that the cities, en masse, should oppose this legislation. City Manager Martin agreed but stated that there is a very strong lobby of the Cable industry to get this legislation passed. He stated that they are using the tactic that uniformity would be an advantage if this is passed. Mayor Pro Tem Turner suggested that the Staff monitor this very carefully. Council Member Mendez informed the Council that Congressman Solomon Ortiz is performing an excellent job in monitoring this matter also. A motion was made by Mayor Pro Tem Turner that item 10 be approved, seconded by Council Member Slavik and passed unanimously. Mayor Jones called for Consideration of Action by Ordinances on items 11 and 12. City Manager Martin informed the Council that he would like to withdraw both of these ordinances which pertain to annexation of land owned by the Port of Corpus Christi and two tracts of land owned by the State of Texas and the Port of Corpus Christi. Council Member Berlanga referred to the two ordinances and inquired if the Council could examine the contents of the actual contract. Mr. Martin assured him that they could examine it any time. Council Member Berlanga stated that he felt that a clause should be included assuring the residents of Port Aransas that the City will not do anything damaging to them or their tourist industry in approving change of zoning for the property. Minutes Regular Council Meeting February 29, 1984 Page 10 City Manager Martin requested that Assistant City Manager Tom Utter review the events that have occurred in connection with the annexation. Mr. Utter explained to the Council that following the last public hearing on the proposed annexation, a meeting was conducted with representatives from the City of Corpus Christi, including Council Member Joe McComb, representatives from the Port Authority, representatives of Port Aransas, the State Land Office, the Corps of Engineers and some private developers and landowners. He explained that during that meeting, everyone stated their positions and all entities have passed resolutions or will pass resolutions pertaining to the annexation. Mr. Utter then referred to the map showing the land to be annexed, pointing out the Port Aransas City limits and their extraterritorial jurisdiction; the Port property; the State property; the ETJ of Aransas Pass and that of the City of Corpus Christi. Mr. Utter continued and explained that the Corps of Engineers needs 4,000 feet of the Ship Channel and they feel that they have navigation servitude, there. He also pointed out the property owned by the private landowners. He then explained that the consensus reached at the meeting referred to is that the City of Corpus Christi would annex the Port owned property and the State-owned property which would provide for the 4,000 feet required by the Corps of Engineers and the 1,000 feet required by the Port for disposal site for dredge material. He explained that the Port will apply with the General Land Office and the State has indicated that they will give an easement to the Port for this purpose. Mr. Utter then explained that the City of Corpus Christi will cede their ETJ to Port Aransas the land from the east side of the Ship Channel to the City limits of Port Aransas and the City of Port Aransas will cede the area west of Piper Channel to the City of Corpus Christi's ETJ. He stated that in addition, the City of Corpus Christi will support the City of Port Aransas, the Port Aransas School District and the Port Aransas Water District in their requests to lease land from the State in return for their support of the Port annexation. He stated that both the Port and the City of Corpus Christi will state in their application that this area will be used for nothing but deposit of dredge material. He explained that the Port Aransas Water District will serve the Port area for the berthing operation that they plan. Mr. Utter then explained how all of this will be accomplished and noted that there is a need to begin annexation proceedings on March 14 which will enable all of the jurisdictions to approve this plan prior to that date. The second stage will be to approve cession agreements from Corpus Christi to Port Aransas for the area east of Piper Channel, noting that Corpus Christi can only cede to Port Aransas ETJ that lies within the one-half mile of their City limits. He stated that this will be a little over one and one-half miles but can be worked out. He noted that the City of Port Aransas will then cede the small area west of Piper Channel to the City of Corpus Christi. Mr. Utter continued by stating that all entities involved will pass resolutions agreeing to this overall plan and indicating that they will support the Port of Corpus Christi in this application for annexation. He noted that there will be a termination clause in the cession agreements to the effect that Minutes Regular Council Meeting February 29, 1984 Page 11 if the City of Port Aransas attempted to stop dredge disposal by the Corps of Engineers or the Port, the cession agreement will be terminated. He explained further that the Corps of Engineers will provide a statement that they need the 4,000 feet for deposit of dredge material. He agreed that this is a very complicated solution but all of the parties feel that this does resolve many problems associated with this land. Mayor Jones recognized Mr. Hugo Berlanga of the Texas House of Representatives who was present in the audience. Mayor Jones then called for comments from the audience in regard to these ordinances even though they had been withdrawn. Mayor Charles Brown of Port Aransas, stated that he is satisfied with the agreement as outlined by Mr. Utter and assured the Council that they will support the Port Authority's request to lease land from the General Land Office and in return, they expect the same treatment in regard to their proposed lease. He particularly expressed appreciation to Council Member Joe McComb for his efforts in working out this agreement. Mr. Jim Atwill, President of the Port Aransas Water District, also expressed appreciation to the City Staff and Council Member McComb for meeting with them and working out the compromise. Mr. Utter stated that the Corps of Engineers and the Port would not infringe on any natural drainage or the drainage from the sewer plant in connection with the proposed dredge disposal in the area. Mr. Charles Zahn, President of the Board of Trustees of Port Aransas Independent School District, expressed appreciation also to the Corpus Christi City Staff and Council Member McComb for working with them to resolve their concerns about this land. He also expressed appreciation in regard to the motion that Mr. McComb introduced several weeks ago to urge that the problems be resolved. He informed the Council that they had reached an agreement outside of this one with the Corps of Engineers to the effect that they will deposit dredge material on the land leased by Port Aransas Independent School District. Mr. Utter explained that the reason the ordinances are being withdrawn today is to provide an opportunity for all entities to approve their resolutions or agreements. Mayor Jones announced the public hearings on three zoning applications. 13. Application No. 184-12 Realvest Partnerships, Inc., for a change in zoning from "A-1" Apartment House District to "AB" Professional Office District on Lot 7, Bernard Tract, located on the east side of South Tancahua Street, approximately 125' north of Park Avenue. Minutes Regular Council Meeting February 29, 1984 Page 12 Mr. Utter informed the Council that in response to the fifteen notices of the public hearing, nine in favor and none in opposition had been returned and that both the Planning Commission and Planning Staff recommend approval. Mayor Jones ascertained that no one in the audience wished to speak in opposition to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Brown and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting this zoning change and it passed as follows: 13. ORDINANCE NO. AMENDING THE ZONING ORDINANCE UPON APPLICATION OF REALVEST PARTNERSHIPS, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 7, BERNARD TRACT, FROM "A-1" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb and Mendez voting, "Aye"; Slavik, absent at the time the vote was taken. 14. Application No. 184-13T Nueces Development Company: Amendment to the Zoning Ordinance by amending Article 31, Newly Annexed Territory, Section 31-5, by adding thereto one new subsection to be numbered 31-5.63, to set forth classifications of "B-1" Neighborhood Business District on Tract 1, "A-1" Apartment House District on Tract 2, "R -1B" One -family Dwelling District on Tract 3 and 5, and "R -1C" One -family Dwelling District on Tract 4, being a portion of Lots 3-8, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Cedar Pass Drive, west of S. Staples Street, when annexed to the City. Assistant City Manager Utter informed the Council that this is outside the City limits and is a prezoning request. He stated that in response to the eighteen notices of the public hearing, two in favor and one in opposition had been returned. Mr. Utter explained that the Planning Commission recommends approval of the request but the Planning Staff recommends denial of the requested zoning of "B-1" on Tract A and "A-1 on Tract 2 and in lieu thereof, that "R-2" zoning be approved and approval of the requested zoning on Tracts 3, 4 and 5. Mr. Larry Wenger, Director of Planning, located the areas on the zoning and land use map and pointed out the locations of the subdivisions in the area that are currently being developed. He stated that the Staff was of the opinion that Minutes Regular Council Meeting February 29, 1984 Page 13 whatever happens on these two tracts on which they recommend "R-2" zoning instead of the requested zoning will have an effect on the property to the north and to the east. He pointed out that there is substantial property already zoned for business in the area, particularly at the major intersections. He reminded the Council that on January 18, 1984, at the time they considered the application of Rogers Floor Company, the Staff made the same kind of analysis about its effect on other property and at that time, the Council denied the requested "B-4" zoning. Council Member Kennedy questioned the recommendation of the Staff for denial of the "B-1" zoning request on Tract 1, and Mr. Wenger noted that there are already ample pieces of property zoned for business in the area. Council Member Slavik indicated that she agreed with the Staff recommendation because she felt that a comprehensive plan for development should be completed as soon as possible. Mayor Pro Tem Turner stated that the Council has discussed this matter at length and she sees no problem with "B-1" zoning at a major intersection. Mr. Wenger again pointed out the other tracts of land that already have "B-4" zoning. Council Member Guerrero also stated that he does not see any problem with the "B-1" zoning because it would provide a buffer between the residential property and the "B-4" zoning. Mr. Wenger again stated that there is a great deal of land between this area and that which is zoned "13-4" and stated that the Staff is examining this from a standpoint of good planning which dictates that businesses should be located at major intersections. Mayor Jones called for comments from the applicant. Mr. Dana Bennett, speaking on behalf of the applicant, pointed out to the Council that this zoning application has been considered by the Planning Commission twice and they recommended approval unanimously. He explained that they have done a lot of study in relation to the location of the different sites and for the "B-1" zoning they are seeking neighborhood types of business activity which they feel will actually improve the subdivision. He displayed a rendering of the subdivision and the plans for the entryway, explaining that they plan to use a lot of landscaping and vegetation as screening. Mr. Bennett reviewed the City Master Transportation Plan which indicates that Staples will be a major arterial street; therefore, they feel that the "B-1" zoning is appropriate on the Staples Street side of this development. He urged approval of their request as it was presented. Minutes Regular Council Meeting February 29, 1984 Page 14 Council Member Slavik inquired located in the "B-1" zoning, and appropriate businesses would be a restaurant, a beauty shop, and similar uses. He the entrance to their subdivision, they would be of businesses that would be located there. about the types of businesses that will be Mr. Bennett replied that he felt that dry cleaning facility, possibly a small pointed out that since this is very selective about the types Council Member Slavik referred to Everhart Road which has extremely dense business zoning and expressed concern that South Staples Street will become as congested as that street. Council Member Kennedy inquired about the proposed traffic flow within the subdivision. Mr. Bennett explained their plans and pointed out that although they will have access and egress to South Staples Street, access will also be provided through collector streets. Speaking in favor of the application was Mr. Johnny Koliba, who owns property in that area. He explained that there are a number of property owners who have formed in that area for some time and they are in favor of this change of zoning in order to increase the property values in the vicinity. He pointed out that this piece of property is at least one mile from the "B-4" zoned property. Also speaking in favor of the application was Mrs. Dorothy Wiles, who also owns property on South Staples Street. She expressed the opinion that this application is a very attractive layout and she is of the opinion that this area needs some business zoning. She stated that she felt it was ludicrous to construct homes on South Staples Street. Mrs. Annelle Rogers of Rogers Floor Company informed the Council that they are well aware that there is a lot of traffic on Staples but they feel that this street should be developed for commercial use. Mr. J. W. Gary, Attorney speaking on behalf of the Tucker Brothers who own Crossgate Subdivision and John and Jack Tucker who own Buckingham Subdivision, stated that they agreed with the Staff's recommendation, particularly since Crossgate and Buckingham Subdivisions will continue to be developed as high quality residential areas. He stated that he did not understand the assumption that Staples Street should not have residential zoning on it. He pointed out that they are concerned that if the Council agrees to rezone Tract 1 to "B-1", they will have created the impetus to approve many other business zoning requests. He urged that the Council concur with the Staff recommendation. Mr. Graford Rogers, also of Rogers Floor Company, spoke in favor of the zoning request. Minutes Regular Council Meeting February 29, 1984 Page 15 Mr. Truman Gray stated that he owns property in the area and he did not think that traffic would be greatly increased because of the request for neighborhood business zoning. He urged approval of the application. A motion was made by Council Member McComb that the hearing be closed, seconded by Mayor Pro Tem Turner. Council Member Mendez inquired of Mr. Gary if the area zoned "B-4" belonged to one of his clients, and Mr. Gary replied that it does. The motion to close the hearing passed unanimously. A motion was made by Council Member Berlanga that the Council concur with the recommendation of the Planning Commission and grant the zoning as requested, seconded by Mayor Pro Tem Turner. Mayor Jones stated that he supports the Staff's recommendation. He pointed out that Staples Street is undeveloped and the Council now has an opportunity to protect the street to prevent establishment of businesses all along the street. He stated that he would vote against the change of zoning. City Secretary Read polled the Council for their vote on the ordinance effecting the requested zoning changes and it passed as follows: 14. ORDINANCE NO. 18103: AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 SUBSECTION, 31-5.63, SETTING FORTH ZONING CLASSIFICATION OF SAID AREA OF LAND DESCRIBED AS TRACTS 1, 2, 3, 4 AND 5, OUT OF LOTS 3-8, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb and Mendez voting, "Aye"; Jones and Slavik, "Nay". 15. Application No. 1283-4 Mr. Tiburcio Moreno: for a change of zoning from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District on Lot 11, Block 1, Mahan Acres, located on the northwest corner of Hakel and Foley Drives. Mr. Utter explained that in response to the twenty-four notices of the public hearing, four in favor and seven in opposition had been returned and stated that both the Planning Commission and Planning Staff recommend denial. He informed the Council that because of the written opposition to the zoning change, the 20% rule is in effect which will require seven affirmative votes to approve. Minutes Regular Council Meeting February 29, 1984 Page 16 Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area noting that residential structures are located all around it and showed slides of the vicinity. Council Member Slavik expressed the opinion that this would constitute spot zoning in this predominantly single-family dwelling area. Mayor Jones called on the applicant or his representatives to speak. Mr. Amador Garcia, Attorney representing Mr. Moreno, presented a list of names of neighbors who are in favor of this particular zoning request. He then introduced Mr. Ricardo Velasquez to explain the plan. Mr. Velasquez presented to the Council preliminary plans for the proposed construction and offered to answer any questions they might have. He stated that there will only be two buildings and described the plans which indicates that the structures will have the appearance of single-family dwellings, noting that one of them will face on Hakel Drive and one on Foley Drive. He stated that there will be only one driveway off Foley and a small parking lot. He expressed the opinion that approval of this zoning would allow for a buffer zone between the businesses on Foley Drive and Kostoryz and the residential property to the southeast. Mr. Garcia continued by stating that their position is that the site itself will enhance the neighborhood because it will conform with the residential nature of the existing single-family neighborhood. He stated that the traffic from the duplexes will exit down Foley to Kostoryz. Mayor Pro Tem Turner expressed concern about intrusion into the single-family neighborhood. Mrs. Gussie Cochran, representing her mother who lives next door to the subject property, stated that they do not feel that this lot will accommodate the required parking for four families. She mentioned that the intersection at Hakel and Foley Drives is quite dangerous. She then presented a petition signed by 96 residents of the street expressing opposition to the change of zoning. Mr. Jesus Ayala, 4653 Hakel, stated that their neighborhood has always been residential in nature and he would like for it to remain that way. Mr. James Posey, 4670 Hakel, referred to the aerial photographs displayed and pointed out the two driveways on the subject property and the remaining foundation of a church that was previously located there. He expressed opposition to the change of zoning because it is an ideal area for children to safely play on the oversized lots. He, too, expressed the opinion that there is not enough land for four units. Minutes Regular Council Meeting February 29, 1984 Page 17 Also speaking in opposition for the same reasons were the following: Mr. Kenneth Tyner, 4717 Hakel; Mrs. Ruth Vessel, 4647 Hakel; and Mrs. Ann Flanigan, 4734 Hakel. There were no further comments from the audience. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. A motion was made by Mayor Pro Tem Turner that Application No. 1263-4 be denied, seconded by Council Member Slavik and passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb and Slavik voting, "Aye"; Guerrero and Mendez, absent at the time the vote was taken. A motion was made by Mayor Pro Tem Turner that the Regular Council Meeting be recessed at 5:02 p.m. in order to convene the Meeting of the Corpus Christi Industrial Development Corporation; seconded by Council Member Slavik; and passed unanimously at 5:02 p.m. Mayor Jones reconvened the Regular Council Meeting at 6:20 p.m. and called for the City Manager's Report. City Manager Martin explained that he had intended to go into the status of the Council's goals prior to the budget discussion scheduled for Thursday night. He stated that if the Council agrees, he would like to take about 20 minutes on Thursday to review the City Council's Goals. The Council indicated their concurrence. A motion was made by Council Member Kennedy that a recess be called at 6:25 p.m., seconded by Mayor Pro Tem Turner and passed unanimously. Mayor Jones reconvened the Regular Council Meeting at 6:40 p.m. and called for additional appointments to the Task Forces. Following a discussion of nominations, the following citizens were appointed to Task Force VI - Health/Human Services/Housing: Vickie Garza, Joe Quesada, Foster Edwards, Boland McHaffey, Bill Rowton, Robert Aguilar, Rudy Vela, Glen Kost, Tony Botello and William Flemmings. The Regular Council Meeting was recessed at 6:50 p.m. in order to convene the Special Council Meeting to consider zoning applications. Minutes Regular Council Meeting February 29, 1984 Page 18 Mayor Jones reconvened the Regular Council Meeting at 8:25 p.m. and suggested consideration of the remainder of the appointments to the Task Forces. Nominations were made by various Council Members to the following Task Forces and listed below are those who were finally appointed to the Task Forces: Task Force VII - Tourism/Convention/Trade: John Rudden, Jack Shannon, Kip Layton, Paul Kennedy, Marie Spear, Bob Lowry, Jake Sanchez, Cynthia Gutierrez, Earl Coleman, Sheila Briones. Task Force VIII - Transportation/Air, Rail, Water: Bill White, Nino Gutierrez, Doug Marchand, David Conoly, Billy Sayles, R. L. Cope, Sam Powell, III, Raul Castillo, James Goldston, William Johnson. Task Force IX - Military Facilities and Services: Roger Bateman, Sister Kathleen Coughlin, Dean Banks, Ed Harte, Gil Chapa, Ron Bradley, Monsignor Robert Freeman, Grandis Lenken, Ron Maples, Walter McCoy. City Manager Martin referred to the fact that several of the Council Members will be out of the City Friday and inquired as to whether or not they wanted their notebooks delivered Friday. The following Council Members indicated that they would like to have them delivered on Friday: Mayor Pro Tem Turner, Council Members Kennedy, McComb and Mendez. Mayor Jones read a memorandum in regard to a request from Mr. Buck Sosa, President of the Firefighters Association, that he be allowed to make a presentation on March 21 in regard to manpower for the Fire Department. City Manager Martin reminded the Council that they had requested that this be a scheduled item for a presentation by the Staff, taking into consideration the new fire stations. He stated that the Staff will not have that report ready by March 21st. Council Member Mendez stated that he had seen the memorandum and he had indicated that he agreed to the March 21st appearance by Mr. Sosa but he felt that this should come after the Staff presentation. A motion was made by Council Member Mendez that Mr. Sosa be informed that the Council has rejected the request for a presentation on March 21st because they are waiting for a Staff presentation by the City Manager on manpower for the Fire Department and that a letter be written to Mr. Sosa that his request will be considered when that has been brought to the City Council. Council Member McComb expressed the opinion that this request does not have any more validity than the request by the Police Officers' Association did in connection with the size of weapons. Minutes Regular Council Meeting February 29, 1984 Page 19 Mayor Jones expressed the opinion that possibly this request is a violation of the Firefighters' contract with the City. He then asked for City Manager Martin's opinion, and Mr. Martin stated that he did not think it was. He stated that this is a budget decision and anyone may appear before the Council on a budget matter. He stated that he felt that it might be a violation if the Council allows a situation to exist in which a debate is conducted between the Staff and labor. Mayor Pro Tem Turner stated that she did not think that this is a matter to be decided by the City Council. She informed the Council that Chief Rogers had indicated to her that there is a need for additional manpower. She stated that she is very concerned about this but she would like to wait for the Staff report. City Manager Martin assured the Council that the Staff is preparing a report. He commented that he has authorized the addition of 40 firefighters -- 27 of which are brand new positions and not replacements for retired firefighters. Council Member Mendez stated that he felt that the question is that at least 15 of the new firefighters will be manning the new fire station. He expressed the opinion that until the Council has received a report from the Staff, they cannot see how those figures relate to recently retired firefighters. Council Member McComb pointed out that at this time, the Council has a good relationship with the Fire Association; the Council is aware of budgetary restraints; but he did not think that the Council should jeopardize the relationship by having them appear before the City Council. Council Member Mendez' motion was seconded by Council Member Guerrero and passed unanimously. There being no further business to come before the Council, on motion by Council Member Berlanga, seconded by Council Member Slavik and passed unanimously, the Regular Council Meeting was adjourned at 9:42 p.m, February 29, 1984. DZ/rr