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HomeMy WebLinkAboutMinutes City Council - 06/12/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 12, 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 W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read ihit&&K Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Joe McComb in the absence of the invited minister, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Frank Mendez. Assistant City Secretary Dorothy Zahn called the roll of required Charter Officers in the temporary absence of the City Secretary and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones called for approval of the Minutes of the Regular Council Meeting of June 5, 1984. Council Member Joe McComb called attention to a statement made by Assistant City Manager Tom Utter in regard to priority of a grant application and noted that it should have stated State instead of United States. A motion was made by Council Member Welder Brown that the Minutes be approved as corrected, seconded by Council Member Joe McComb and passed unanimously. MICROFILMED lutes .,.gular Council Meeting June 12, 1984 Page 2 Mayor Jones announced the bid openings on the following engineering projects: 1. Restoration of the Galvan House. Assistant City Manager James K. Lontos opened bids on this project from the following companies: B. E. Beecroft Company; Salazar Construction Company; and Stefek Construction Company. 2. Multicultural Center Site Improvements. Mr. Lontos opened bids on this project from the following firms: B. E. Beecroft Company; Black Brothers Construction Company; BRACCO Construction Company; Tom Page & Company, Inc.; Salazar Construction Company; and Stefek Construction Company. Mayor Pro Tem Turner inquired about the funds available for this work. City Manager Ed Martin explained that they are from the 1977 Bond Program; the estimates listed on the bid tabulation sheets reflect the amount of money available; and the architect was directed to design the project in accordance with the amount of money available. Mayor Pro Tem Turner expressed the opinion that the site work must be completed in good order. Mayor Jones expressed appreciation to the bidders who had submitted bids and stated that they will 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 consideration of Board and Committee appointments and referred to the discussion during the morning Workshop Meeting. A motion was made by Mayor Pro Tem Turner that Mr. David Z. Conoly be appointed Chairman of the Corpus Christi '90 Transportation Task Force; seconded by Council Member Leo Guerrero; and passed unanimously. * * * * * * * * Mayor Jones called for consideration of the Consent Motions on the following items: 1. Bids be received June 27, 1984 for a twelve months supply agreement, with option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for large lamps, including incandescent, fluorescent, high intensity discharge, quartz, projector, airport and energy efficient lamps. Bidders will bid a discount off their published price lists. Estimated expenditure $27,230. utes .gular Council Meeting June 12, 1984 Page 3 2. Bids be received July 11, 1984 for installation of approximately 700' of commercial grade fencing and gates for the Water Division yard at 1317 Mestina. Estimated expenditure $6,250. 3. Bids be received July 11, 1984 for option to extend for an additional conditions, subject to the approval or his designee, for work uniforms. Trades personnel. • a twelve month supply agreement, with twelve months, at the same terms and of the supplier and the City Manager, These are work uniforms for Labor and Mayor Jones referred to item 3 and asked the City Manager for an explanation. City Manager Martin explained that the Staff plans to purchase ten to twelve types of items ranging from mechanic uniforms to just shirts for some employees. He stated that the criteria as to who will wear uniforms is governed by safety and identification. Mayor Pro Tem Turner agreed that uniforms are very desirable for identification, mentioning in particular Street Division employees. 4. Approving a twelve months supply agreement, with option to extend for an additional twelve months, at the same terms and conditions subject to the approval of the supplier and the City Manager, or his designee, for Wiping Rags based on low bid meeting specifications to Goodwill Industries of South Texas, for an estimated annual expenditure of $10,000. Prices have decreased approximately 20% since last contract May, 1983. Ten bid invitations were issued and five bids were received. 5. Approving purchase of wastewater effluent sampling equipment for the Wastewater Division based on low bid to ISCO, Inc., for $8,260. Prices have increased approximately 5% since last purchase June 2, 1982. Four bid invitations were issued and two bids were received. Funds are available in the 1983-84 Capital Outlay Budget. 6. Approve the purchase of an automated fuel system for the Transit System and Maintenance Services, from Trak Engineering, Inc., on the basis of the low bid of $39,925 and the purchase of additional keys at a cost of $3,000 for a total amount of $42,925. Funding for this purchase is available from the Revenue Sharing Productivity Fund. 7. Approve the purchase of corrugated metal pipe for the Street Division based on low bid meeting specifications from Armco, Inc., for $7,784. Prices have increased approximately 2% since last purchase January, 1983. Seven bid invitations were issued and three bids were received. 8. Plans and specifications be approved for L -Head Ramp Improvements, and bids for this work be received on July 3, 1984. The L -Head entrance to be widened to accommodate three vehicles, and an asphalt proposed on the ramp from East Shoreline Boulevard to the location. is proposed overlay is bait stand nutes :gular Council Meeting June 12, 1984 Page 4 Council Member serlanga referred to item 8 and inquired if when the entrance is installed if parking will be eliminated, and City Manager Martin stated that it would not but the sidewalk width would be reduced. Council Member Kennedy inquired about the plans for the parking pattern and striping for parking and when it would be installed. Assistant City Manager Tom Utter explained that as soon as the utility work is completed, the parking striping will be installed and Mr. Hasslocher will be responsible for striping the entire L -Head. He stated that he will also install a header curb near the water. Council Member Kennedy requested that the parking layout be displayed for the Council. Mr. Utter stated that he would have one brought to the Council Chamber and noted that on one of the agreements for the extension, Mr. Hasslocher had a slightly different plan but the same use would still be there. Council Member Mendez inquired about the anticipated problem with the transformer to provide electric power for the new floating restaurant. Council Member McComb stated that he understood that with the work being performed by Central Power & Light Company, they will be able to go underground rather than overhead. City Manager Martin pointed out that if the floating restaurant opens without those renovations, there will be traffic problems and there would be parking problems with such a large restaurant. He explained the traffic pattern that will exist at the exit from the L -Head, noting that there will be two exit lanes. Mayor Pro Tem Turner inquired if there are any plans to widen the other T -Heads, and Mr. Utter explained that that would require taking more space than just sidewalks. Assistant City Manager Lontos explained that the L -Head would be open at all times during construction. City Manager Martin stated that basically the plan is to overlay the road and the only thing affected would be that the 13 -foot sidewalks would be reduced in size. He also assured the Council that the parking for the restaurant meets the zoning requirements. Mayor Jones pointed out that the City's share of the funds for this project will emanate from Reinvestment Zone No. One funds. City Manager Martin concurred and stated that approximately $120,000 has been collected from this source. rotes .gular Council Meeting June 12, 1984 Page 5 Mayor Jones noted also that there is a process of pumping effluent over to the Oso Golf Course which may create an odor problem. City Manager Martin stated that since there is a water shortage, he felt it was very important for people to understand that the golf courses are being watered but not with fresh water. 9. A public hearing be held on Tuesday, June 26, 1984, on the closure request of the west 10 feet of O'Neill Street in the Flour Bluff portion of the City. The request is made concurrently with the platting of a 6 acre tract into which O'Neill Street dead ends. Mayor Jones inquired if houses have been constructed on O'Neill Street and Assistant City Manager Lontos stated that there is a house on one lot that has access to O'Neill Street. He explained the reason for the closing of ten feet only is that the ordinance requires a cul-de-sac to provide for turning and the property owner involved does not want to construct the cul-de-sac, therefore he has requested that only ten feet be closed. He stated that the Staff has not determined whether this is a precedent that could be established or not and he does not know yet what their recommendation will be. He also stated that the plan is not to continue the street. Mayor Jones called for comments from the audience on the Consent Motions, items 1 through 9, and there was no response. A motion was made by Mayor Pro Tem Turner that the Consent Motions, items 1 through 9, be approved; seconded by Council Member Slavik; and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez and Slavik voting, "Aye" on all of the items; McComb voting, "Aye" on all of the items with the exception of item 4 on which he abstained since he is a member of the Board of Directors of Goodwill Industries. * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 10 through 18. Assistant City Manager Lontos referred to Ordinance No. 11, adopting the final assessment roll for the Clemmer-Dillon-Nemec Street Improvement project and explained that changes are made in the field in connection with street improvements primarily involving changes in driveways and as a result of this, there is frequently an overrun on the assessment roll. Council Member Slavik referred to Ordinance No. 12 pertaining to the same subject and inquired if the driveway cost associated with the street improvements is paid 100% by the property owner. City Manager Martin stated that that was correct but the cost is charged to the City until the assessments have been paid. nutes egular Council Meeting June 12, 1984 Page 6 Mayor Jones referred to Ordinance No. 14 changing the description of Lots 1 and 2, Copp's Subdivision on a zoning application granting two new freestanding illuminated signs. Mr. Wenger stated that this was the Corpus Christi Osteopathic Hospital case and the two freestanding signs were included in the description but the location was erroneous and this is to correct that. Mayor Pro Tem Turner referred to Ordinance No. 13 pertaining to actions on the Airport improvements and inquired as to why the City is not employing a local individual to provide inspection services. Mr. Lontos explained that the Staff is of the opinion that the individual recommended for this service is one of the best in the business and has performed excellent work for this City. He noted that a local engineering firm could be employed if the Council desires. City Manager Martin stated that Mr. W. P. Wills is probably the most outstanding engineer for runways in the business and is extremely well qualified. Mayor Pro Tem Turner then referred to Ordinance No. 16 in regard to vacancies created by members of boards who miss more than 25% of the regularly scheduled meetings in a term year. She stated that the absences of board members become very important when there is no quorum for a meeting. She stated that for those boards that meet more than once a month, the appointees are aware of this when they accept the appointment and she felt that the Council should go back to their original ordinance which requires that three missed meetings will create a vacancy. Council Member Slavik pointed out that this was discussed the preceding week and the reason for the change to 25% was to take care of the boards that meet more often than once a month. She expressed the opinion that it is asking a lot of people on those types of boards to attend the meetings every other week. City Manager Martin explained that enforcement of the ordinance would require some decisions as to when it should be effective and whether called meetings should be included in the 25%, etc. Council Member Guerrero stated that the Council had concurred with the 25% absences and he recommended that they go ahead with the third reading using that figure. Mayor Jones concurred, stating that he felt that the proposed amendment should be approved and if it does not work out well, the ordinance can be changed. lutes .:gular Council Meeting June 12, 1984 Page 7 There were no comments from the audience on the ordinances. City Secretary Read polled the Council on their vote and the following ordinances were passed: 10. ORDINANCE NO. 18276: APPROPRIATING $1,500 FROM THE NO. 266 POLICE BUILDING BOND FUND PROVIDING FOR THE SITE PREPARATION AND UPGRADING OF ELECTRICAL SERVICES FOR INSTALLATION OF A WHEELCHAIR LIFT AT MUNICIPAL COURT; 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, Mendez and Slavik voting, "Aye". 11. ORDINANCE NO. 18277: AMENDING ORDINANCE NO. 17782 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS: 1. Clemmer Street, from Ayers STreet to Naples Street, 2. Dillon Lane, from Port Avenue to State Highway 286, and 3. Nemec Street, from Ayers Street to Hamlett Drive. 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, Mendez and Slavik voting, "Aye". 12. ORDINANCE NO. 18278: APPROPRIATING $10,300 FROM THE NO. 220 STREET BOND FUND FOR ADDITIONAL COSTS INCURRED DURING CONSTRUCTION OF CLEMMER-DILLON-NEMEC STREET IMPROVEMENTS PROJECT; 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, Mendez and Slavik voting, "Aye". 13. ORDINANCE NO. 18279: AUTHORIZING THE EXECUTION OF A CONTRACT WITH SOUTH TEXAS CONSTRUCTION COMPANY FOR THE CHAPARRAL APRON EXPANSION AND NORTHWEST HANGAR SITE IMPROVEMENTS AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH W. P. WILLS, CONSULTING ENGINEER, PROVIDING FOR RESIDENT INSPECTION; AND AUTHORIZING ENGAGEMENT OF TRINITY ENGINEERING TESTING CORPORATION TO PROVIDE TESTING SERVICES; APPROPRIATING $960,350; AND DECLARING AN EMERGENCY. utes _gular Council Meeting June 12, 1984 Page 8 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 14. ORDINANCE NO. 18280: AMENDING ORDINANCE NO. 18234 WHICH AUTHORIZED A SPECIAL COUNCIL PERMIT FOR TWO FREESTANDING ILLUMINATED SIGNS BY CORRECTING THE LEGAL DESCRIPTION TO BEING PORTIONS OF LOTS 1 AND 2, COPP'S SUBDIVISION; 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, Mendez and Slavik voting, "Aye". 15. SECOND READING: AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH C. M. BOLDEN FOR A CONCESSION OPERATION WITHIN THE BUILDING LOCATED AT THE CORNER OF COKE STREET AND MARTIN LUTHER KING DRIVE, ADJACENT TO THE T. C. AYERS SWIMMING POOL. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 16. THIRD READING - ORDINANCE NO. 18281: REPEALING SECTION 2-61 OF CHAPTER 2 OF THE CITY CODE AND IN LIEU THEREOF ENACTING A POLICY OF ABSENCES FROM MORE THAN 25 PERCENT OF REGULARLY SCHEDULED MEETINGS BY MEMBERS OF BOARDS, COMMISSIONS AND COMMITTEES IN ONE TERM YEAR RESULTING IN AUTOMATIC VACANCY, WHICH DOES NOT PRECLUDE REAPPOINTMENT. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 17. THIRD READING - ORDINANCE NO. 18282: CLOSING AND ABANDONING THE 50 FOOT WIDE ROAD EASEMENT IN LOT 13, BLOCK 11, SUNSHINE ACRES SUBDIVISION, SUBJECT TO THE PROVISIONS LISTED BELOW. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". lutes _gular Council Meeting June 12, 1984 Page 9 18. THIRD READING - ORDINANCE NO. 18283: CLOSING AND ABANDONING THAT 40 FOOT WIDE SECTION OF EVERHART ROAD DESCRIBED BY ATTACHED MAP AND METES AND BOUNDS; AND 2ROVIDING FOR THE REPLAT OF SAID PROPERTY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". Mayor Jones called for consideration of Action by Motion from the Regular Agenda on the following item: 19. Approving a letter of agreement with the Foundation for Science and Arts for construction of a water garden and parking facility in the Bayfront Science Park. City Manager Martin explained that the City hopes to fund their portion of this from the hotel -motel fund and this is the agreement to establish the funding. He noted that there are two committees referred to in the document and he would hope that the City representatives on those committees would be from existing City committees. Mayor Pro Tem Turner expressed the opinion that the water garden project is one of the most exciting additions to the bayfront and she felt that it would improve the area a great deal. She stated that she would like to suggest that the Foundation be charged with the responsibility of working with the City Staff and the architect to approve the design. She suggested that they return to the Council every three months with a report. She then referred to the second committee referred to which is the Operating Advisory Committee. She expressed the opinion that if the City provides funds for this project, they should be sure that it is operated correctly. She suggested that this might be a subcommittee of the Park and Recreation Board, noting that she dislikes the idea of another layer of committees. Mayor Jones stated that he felt that the operation is solely the responsibility of the City, and City Manager Martin explained that the reason they are requesting that an operating committee be appointed is to provide an opportunity for donors who have contributed money to advise on the operation of the water garden. Council Member Kennedy stated that he has some concerns about the number of parking spaces, and City Manager Martin stated that that is one of the disputes right now. He stated that the City Staff would like to have ample parking spaces but they would also like to limit the cost to $2 million. tutes _gular Council Meeting June 12, 1984 Page 10 City Manager Martin informed the Council that Mr. Bob Zion will be in Corpus Christi next week for preliminary discussions and the City Staff feels that he should be the consultant on the water garden project to work with Mr. Wisznia. Mayor Jones inquired as to what will have to be destroyed that is already in existence, and Assistant City Manager Bill Hennings explained that one row of parking spaces, the parallel driveway and the driveway by the Art Museum and the Auditorium will be eliminated. City Manager Martin stated that the project will require 11 to 2 years to complete. Council Member Berlanga mentioned the need for an arena and asked about the possibility of constructing one in that area. Mayor Jones stated that he did not recall a discussion about an arena but he questioned whether there was enough room left in the Bayfront Arts & Science Park for such a large facility, and City Manager Martin pointed out that there are two blocks that are still not in use. Council Member Mendez stated that a member of the Longshoremen Union informed him that they are considering selling their land across the street from the Bayfront Park. City Manager Martin and Mr. Hennings indicated that the City would be very interested in purchasing the land. Council Member Slavik stated that she would like for the City to have input into those committees referred to in the letter of agreement so that the City Staff would be aware of the operational costs. Mr. Martin stated that he is recommending the formation of those committees. Further discussion followed on the committees. A motion was made by Mayor Pro Tem Turner that the Design Advisory Committee be eliminated and that the Foundation be charged to work with the City Staff, the architect and the City Council. The motion was seconded by Council Member Mendez. City Manager Martin suggested that the amendment just state that the City representatives will be City Staff members. Mayor Pro Tem Turner agreed to amend her motion to that effect and Council Member Mendez concurred. nutes .gular Council Meeting June 12, 1984 Page 11 Mayor Jones reviewed the amendment by stating that the Design Review Committee will consist of eight members, four to be designated City Staff members and four to be appointed by the Foundation. Mayor Jones then called for comments from the audience on this item and there was no response. Mayor Jones then called for the vote on the motion to approve as amended and it passed unanimously. Mayor Pro Tem Turner requested that the Staff provide some type of timetable on this project. Mayor Jones then called for consideration of Ordinances 20 and 21 from the Regular Agenda. There was no discussion from the Council and Mayor Jones called for comments from the audience. Mr. John Stensland referred to Ordinance No. 21 which is the first reading authorizing an amendment to the lease agreement with Hasslocher Enterprises, Inc. pertaining to the barge restaurant. He pointed out that this is a separate request from the matter discussed previously which involves quite a bit of surface of the L -Head Land Mass. He suggested that they examine the plans for the entrance to the restaurant. Assistant City Manager Utter displayed a plan of the entrance way and explained that part of this ordinance is to authorize the extension of the opening date to July 15, 1984, noting that this extension date was caused by delays of the installation of utilities. He informed the Council that Mr. Steve Yates, a Marine Architect, and Mr. Morgan Spear, the Architect for Mr. Hasslocher were present to provide an explanation. Mr. Spear, 56 Camden Place, agreed that the delay in the opening date was due to problems with the installation of utilities. He explained that the other item is necessary to establish the mooring of the boat and how the entrance way will be moored at the site. He presented drawings of the entrance way and a canopy that will extend to the second floor. He reminded the Council that the structure is a moveable one and this stairway provides a second floor fire exit. He assured the Council that in case of a storm, all of the canopies can be removed. He then displayed a plan for parking, stating that the L -Head will accommodate 338 parking spaces plus parking spaces for boat owners. He explained that the vessel will set two feet above the seawall, and because of that, they could not tie the boat to the seawall and that is the reason for the necessity of mooring an entryway. He stated that the amount of space is actually just a ten -foot strip. rtes jular Council Meeting June 12, 1984 Page 12 Mayor Pro Tem Turner referred to the seating capacity of approximately 500 and mentioned the number of employees and the need for parking spaces for them as well. Mr. Spear stated that one shift of employees will consist of 70 to 80 people and there may be some staggering of shifts which would require a few more parking spaces. Mr. Spear stated that the owners are concerned about the parking and if necessary, they will attempt to provide parking for employees at another location. Mayor Pro Tem Turner inquired about the number of boat slips on the L -Head, and Mr. Utter stated that there are 159 boat slips. Mrs. Turner pointed out that there is a bait stand there also. Mr. Utter assured the Council that the parking for the restaurant is in accordance with the City Code according to the square footage. He concurred that possibly the L -Head will be somewhat congested. Council Member Guerrero stated that he felt that the owners of the Wayward Lady want to make money and to do so, they will have to have adequate parking. He stated that he would like to suggest that a shuttle bus system should be considered for employee parking, and Mr. Utter stated that he understood that they are considering this measure. Council Member Slavik inquired about the hours of operation of the Wayward Lady, and Mr. Spear stated that basically, it would be open for a noon meal and an evening meal and would probably be open from 11:00 a.m. until 11:00 p.m. with the bar to remain opened later at night, but that this would depend on demand. In a related matter, Mayor Jones referred to the repair service that is conducted on the L -Head, and Mr. Utter explained that the Marina Office authorizes ten-day permits for light repair of boats. There were no further comments on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 20. ORDINANCE NO. 18284: AMENDING ORDINANCE NO. 18230 WHICH ADOPTED THE STANDARD FIRE PREVENTION CODE, 1982 EDITION WITH CERTAIN 1983 REVISIONS AND OTHER CHANGES, TO PROVIDE AN AMENDED DEFINITION OF FIREWORKS, 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, Mendez and Slavik voting, "Aye". utes jular Council Meeting June 12, 1984 Page 13 21. FIRST READING: AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LEASE AGREEMENT WITH HASSLOCHER ENTERPRISES, INC., TO EXTEND THE OPENING DATE OF THE BARGE RESTAURANT TO JULY 15, 1984, AND APPROVING MOORING AND ENTRYWAY PLANS FOR SAID BARGE RESTAURANT. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". * * * * * * * * Mayor Jones announced the public hearings on zoning applications: 23. Application No. 584-1, Sherrod Construction Company: for a change of zoning from "F -R" Farm -Rural District to "B-4" General Business District on a portion of Lots 3 and 4, Block 1, Nueces River Irrigation Park, located on the southeast corner of F.M. 624 and County Road 69. Mayor Pro Tem Turner departed the Council Chamber, stating that she would not participate in the discussion or the vote on the first two zoning cases to avoid a possible conflict of interest. Assistant City Manager Utter informed the Council that in response to the four notices of the public hearing, one in favor and none in opposition had been returned. 24. Application No. 584-1T, Sherrod Construction Company: for a proposed change to the text of the City Zoning Ordinance No. 6106 to Amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.69 setting forth a classification of "B-4" General Business District on a described tract of land when annexed to the City of Corpus Christi, Texas. Being a portion of Lots 3 and 4, Block 1, Nueces River Irrigation Park, located on the east side of County Road 69, approximately 350' south of F.M. 624. Mr. Utter stated that he would like for the Council to consider both cases simultaneously since they are adjacent to each other and have the same property owner. He explained that this one is listed differently because it is outside the City limits and is a prezoning application. He stated that in response to the eight notices of the public hearing on this case, two in favor had been received as well as two in favor from outside the area of notification and none in opposition had been returned. He informed the Council that the Planning Commission and Planning Staff recommend approval of both cases. Mayor Jones ascertained that no one in the audience wished to speak in opposition to either of these zoning cases. nutes =gular Council Meeting June 12, 1984 Page 14 Mr. Larry Wenger, Director of Planning, located the areas on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. He stated that the reason the cases are separate is because of the portion that is outside the City limits. He informed the Council that the total acreage is 78 and noted that it is about the same size as the Five Points Area. Mayor Jones inquired about the availability of sewer service, and Mr. Wenger explained that that will be taken care of by the Platting Ordinance, noting that the property could be served by Robstown or the City of Corpus Christi. Council Member Slavik inquired if it is served by this City if the Allison Wastewater Plant would be involved, and Mr. Wenger stated that it would. Mr. Wenger stated also that Robstown could serve the area with water and sanitary sewer since they provide services for the hospital that is nearby. He explained that the decision on utility services will be made through the platting process. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the change of zoning and the following were passed: 23. ORDINANCE NO. 18286: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SHERROD CONSTRUCTION COMPANY BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOTS 3 AND 4, BLOCK 1, NUECES RIVER IRRIGATION PARK, FROM "F -R" FARM -RURAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye", Turner, "disqualified herself". 24. ORDINANCE NO. 18287: AMENDING THE ZONING TERRITORY, BY ADDING ZONING CLASSIFICATION LOTS 3 AND 4, BLOCK EMERGENCY. ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TO SECTION 31-5 subsection, 31-5.69, SETTING FORTH OF SAID AREA OF LAND DESCRIBED AS A PORTION OUT OF 1, NUECES RIVER IRRIGATION PARK; AND DECLARING AN The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye", Turner, "disqualified herself". * * * * * * * * ates 3ular Council Meeting June 12, 1984 Page 15 25. Application No. 484-11, Waldron Place Venture: for a change of zoning from "A-1" Apartment House District with "SP" Special Permit to "8-1" Neighborhood Business District on Lot 36, Block 2, Castle Park Unit 4, located on the northwest corner of Castle Park and Waldron Road. Mr. Utter stated that in response to the twelve notices of the public hearing, one in favor and none in opposition had been returned and informed the Council that the Planning Commission and the Planning Staff recommend denial of the requested zoning but in lieu thereof, that a revised special permit be granted for a freestanding sign. He stated that the applicant is agreeable to such a special permit. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. Council Member Slavik commented that according to the Flour Bluff Development Plan, this area should be developed with multi -family dwellings. Mr. Wenger explained that the special permit that is already in existence allowed the applicant to construct the convenience shopping center and the applicant has just requested a revised special permit to allow for a sign. He assured the Council that the sign will be limited to the "B-1" regulations. Mayor Jones determined that no one in the audience wished to speak in opposition to this application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. City Secretary Read polled the Council for their vote and the following ordinance was passed: 25. ORDINANCE NO. 18288: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF WALDRON PLACE VENTURE BY GRANTING A REVISED SPECIAL COUNCIL PERMIT ON LOT 36, BLOCK 2, CASTLE PARK UNIT 4; 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, Mendez and Slavik voting, "Aye". 26. Application No. 484-13, Mr. James W. Williams: for a change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Lot 8, Block 7, Alameda Park, located on the southwest corner of Harry Street and Robert Drive. nutes .gular Council Meeting June 12, 1984 Page 16 Mr. Utter stated that in response to the twenty-eight notices of the public hearing, one in favor and five in opposition had been returned. He informed the Council that the Planning Commission recommends denial but in lieu thereof, that a special permit be granted for a three -unit apartment complex and the Planning Staff recommends denial of the permit. Mr. Utter informed the Council that the City Secretary's Office had received two telephone calls from outside the area of notification expressing opposition to this change of zoning. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, noting that all of the property in the area is zoned for single families and showed slides of the vicinity. He explained that the Staff opposes this change of zoning because it would constitute spot zoning and would tend to generate additional requests from this area. He stated that the building was originally constructed as a single-family structure. Mayor Jones invited the applicant to speak at this time. Mr. James W. Williams, 256 Purl Place, stated that the structures were constructed at least eighteen years ago and have been used for rental property for many years. He stated that he purchased the property five years ago; it was rented at that time; and when he started painting and repairing the buildings, a Building Inspector stopped him because the zoning was improper for rental units. He pointed that there are several other rental units in that vicinity and he felt that it was unfair that he was being singled out just because he was attempting to renovate his property. He assured the Council that he was not aware that the zoning was not appropriate when he purchased the property. Council Member Slavik referred to the material provided the Council on this case and noted that several Planning Commission Members expressed concern that if this application is approved and the use is legalized, it will generate additional requests for changes of zoning which would change the character of the neighborhood. She expressed the opinion that it is unfortunate that there are other multi -family units in the same neighborhood and they are allowed to continue to operate. Mr. Williams pointed out that if this application is not approved, his tenants will have to move and he will suffer a loss of income. He stated that the property consists of the house and two apartments. He noted that at the time he purchased the property, the two apartments were rented under the Section 8 Housing Program. Council Member Berlanga asked Mr. Wenger why the applicant continue the existing use. Mr. Wenger explained that he does not have the correct zoning units; it is single-family zoning; and the use is illegal. Mr. Williams interjected that he would like to have a special allow for the continuance of the existing use. could not for three permit to utes Pular Council Meeting June 12, 1984 Page 17 Council Member McComb inquired if he could not continue the same use as a nonconforming use. Mr. Wenger explained that it is not a nonconfirming use because that is the use that is allowed to continue in an area that has been annexed. He said this is strictly an illegal use. Council Member Brown questioned the other violations in the area, and Mr. Wenger explained that there is one other case that will be heard later for the same circumstances in that the owner added uses without a permit. He stated that there may be more but the City Staff is not aware of them. He explained that unless it is brought to the attention of the Building Division or a complaint is made by an area resident, the City does not become aware of illegal use of zoning. Council Member Guerrero stated that he did not think a special permit would be too objectionable. Mr. Wenger pointed out that a special permit would continue to be in effect unless a different use was placed into effect. He suggested that the Council could add a phrase to the effect that if the property is sold or if it is destroyed, the special permit would no longer be in effect. Council Member Guerrero stated that he would like to make a motion to that effect. Council Member Mendez stated that he felt that Mr. Williams is a victim of circumstances and he felt that a special permit would be appropriate. Council Member Slavik inquired about the letters of opposition and the reasons for the objection. Mr. Wenger read the letters which indicated that some of the neighbors objected to the change of zoning because it would change the character of the single-family neighborhood and create additional traffic. Council Member McComb inquired if a special permit to allow continuation of this use on the same terms as nonconforming use in that if the units were ever destroyed, any replacement would have to be according to "R -1B" zoning cr if the property were sold, that same condition would continue to exist. Mr. Wenger noted that the condition suggested by Mr. McComb on the special permit would prohibit the reconstruction of the same type of structures. He noted that right now, this is an illegal use and not a nonconforming use. A motion was made by Council Member Brown that the requested zoning of "A-1" be denied but in lieu thereof, a special permit be approved in accordance with the site plan as approved by the Planning Commission. Butes 3ular Council Meeting June 12, 1984 Page 18 Mayor Jones pointed out that the hearing should be closed, and if that was the Council's desire, the ordinance would be considered following the closing of the hearing. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez and passed unanimously. City Secretary Read polled the Council for their votes and the following ordinance was passed: 26. ORDINANCE NO. 18289: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JAMES W. WILLIAMS BY GRANTING A SPECIAL COUNCIL PERMIT ON LOT 8, BLOCK 7, ALAMEDA PARK, FOR A THREE -UNIT APARTMENT COMPLEX; 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 voting, "Nay". Mayor Jones announced the public hearing on the creation of a Transit Authority in Nueces and San Patricio Counties. City Manager Martin explained that the City Council had accepted the report of the Transit Advisory Committee, and one of their recommendations was that a Transit Authority be created. He also noted that there is an ordinance to be approved if the Council concurs. He then explained that if this is approved, a recommendation would be made that an Interim Transit Authority be appointed on June 26, 1984. Mrs. Pat Eisenhauer, Chairman of the Transit Advisory Committee, explained that this is the first step in getting the issue of public transportation in such a form that it can be studied so that the matter could be presented to the voters so that they would have an opportunity to vote on a Transit Authority. She explained that the Interim Board would determine, through various methods of studies, if a Transit Authority is needed. She explained that after all of those steps had been taken, the Interim Board will be responsible for a service plan and the method of financing it. Mrs. Eisenhauer continued by stating that once the Council adopts the ordinance and appoints the Board, those five members must accomplish the service plan and financing. She explained that the Advisory Committee realized that there is a strong need for public transportation and that it is a critical, economic issue in many ways. She reminded the Council that they had conducted some public hearings, one at Greenwood Senior Citizens Center, one in Flour Bluff and one in Calallen. She presented resolutions presented during those rtes , ular Council Meeting June 12, 1984 Page 19 to an editorial in the Corpus Christi Caller -Times Newspaper urging cooperation of the City and the County to provide public transportation. She stated that they feel that the Transit Authority would accomplish this cooperation. Mayor Pro Tem Turner expressed the opinion that it is extremely important that the City continue public transportation. She stated that she agreed that Nueces County should be included but questioned why San Patricio is included. Mrs. Eisenhauer pointed out that Portland is in San Patricio County and it is very near Corpus Christi and she felt that they might be interested in becoming a part of such a Transit Authority. She also stated that she was of the opinion that the Interim Board would be the body to determine exactly what should be included. Mr. Jimmy Lyles, Executive Vice President of the Chamber of Commerce, stated that he is speaking on behalf of the Board of Directors and that their Board approved the adoption of the Transit Advisory Committee's recommendation for a Transit Authority. He stated that he had been authorized by the Board to urge that the Transit Authority be formed because they feel that it is essential to the City. Mrs. Pauline Clarke, 3902 Mueller Street, representing the League of Women Voters, stated that they have constantly supported all programs that will provide public transportation. She urged that the City Council explore all avenues to continue public transportation in this City and stated that they recommend approval of the Transit Authority. Mr. David Coggins, representing Padre Island Development Corporation and the Padre Island Committee of the Chamber of Commerce, expressed support of the recommendation of the Committee to form the Transit Authority. He stated that it will particularly assist people on Padre Island and Flour Bluff. No one else spoke in regard to this matter. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. Mayor Jones expressed appreciation to the Transit Advisory Committee who had worked so hard on this issue. City Secretary Read polled the Council for their vote on passage of the ordinance and it passed as follows: 22. CREATING THE CORPUS CHRISTI REGIONAL TRANSIT AUTHORITY TO BE INITIALLY COMPRISED OF NUECES AND SAN PATRICIO COUNTIES; 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, Mendez and Slavik voting, "Aye". Utes ,ular Council Meeting June 12, 1984 Page 20 Mayor Jones recognized the presence of Nueces County Commissioner Borchard. Mr. Borchard spoke briefly to the Council stating that he was present just to observe but stated that he would like to unofficially endorse the Transit Authority. Mrs. Eisenhauer then introduced several members of the Transit Advisory Committee who were present in the audience. * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Rene Flores stated that he is a political science major at Princeton University and at this time, he is serving as an intern for the Human Serve Program which is funded by sixteen private foundations. He stated that they are sponsoring a campaign to register voters. He stated that he would like to have a proclamation indicating the City Council's support and that it be called "Freedom Summer '84". He also indicated that he would like to go into departments to register voters. Council Member Mendez commended him for participating in voter registration. City Manager Martin stated that he had some serious problems with endorsing this activity because some of the clients with whom this City deals might feel that there was an implication that they have to do something to continue to receive City services. He stated that if it came to the point of setting up a booth outside a certain facility, he would have no problem with that. Mayor Jones inquired if it would be feasible to designate someone on the City Staff to check to see if Mr. Flores could legally do what he had requested, and City Manager Martin suggested that he contact Alicia Perez of his Office. * * * * * * * * Mayor Jones called far the City Manager's Report. City Manager Martin reminded the Council that the meeting begins at 5:00 p.m. next week. Mayor Jones and Council Member Guerrero indicated that they will be out of town that week. City Manager Martin then introduced Mr. Willie Alexander who is a student working in the City Manager's Office for the summer. utes jular Council Meeting June 12, 1984 Page 21 Mayor Pro Tem Turner reminded the Council that the matter of the celebration by Feria Hispanica will be coming up next week. She noted that there have been discussions about moving all of the activities such as this sooner or later, possibly to Corpus Christi Beach, and if this is going to occur, she felt that all the groups should be brought together to discuss what is needed on the Beach to accommodate their celebrations. Council Member Guerrero indicated his concurrence. Council Member Slavik reminded the Council that Dr. Kennedy had already requested a study on this and Dr. Kennedy confirmed this. Mayor Pro Tem Turner stated that she felt that the City should move forward on this as soon as possible and suggested that possibly there was a need for a committee with representatives from the City Council, the Buccaneer Commission, Junior League, and representatives of Feria Hispanica to see what they would need in order to conduct their activities on the beach. Council Member Mendez expressed the opinion that there is a need to consider this in the light of all of the public use on Corpus Christi Beach, not just for groups. Council Member Brown stated that the Park and Recreation Department would be able to advise the Council on the necessities to accommodate these special events. Council Member Kennedy agreed that there is a need to consider something that could be used all year, it could not just be designed for four weekends a year. Council Member McComb stated that two weeks ago, the City Council basically asked the Staff to study a location for activities such as Bayfest, Buccaneer Days' and Feria Hispanica, and Deputy City Manager Briones stated that that was correct and he noted that they had also discussed the fact that the earliest bond election would probably be in 1986. City Manager Martin interjected that some time ago, the City Council also referred this matter to the Park and Recreation Department to study a location for these kinds of activities. There being no further business to come before the Council, on motion by Council Member Mendez, seconded by Council Member McComb and passed unanimously, the Regular Council Meeting was adjourned at 5:44 p.m., June 12, 1984. DZ/rr