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HomeMy WebLinkAboutMinutes City Council - 10/23/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 23, 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 Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Mr. George Gongora 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 Mary Pat Slavik. 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 proclamation was issued during the week designating October 21 - 27, 1984 as "NATIONAL BUSINESS WOMEN'S WEEK". Mayor Jones announced a presentation by the Board of Realtors. Mrs. Margie Myers, President of the Board of Realtors, informed the Council that the Public Relations Committee has been raising funds for presentation to the Palms Up Fund. She then presented checks in the amount of $1,000 and $50.00 for this fund. MICROFILMED es h _ar Council Meeting October 23, 1984 Page 2 Mayor Jones expressed appreciation on behalf of the City and the City Council and inquired about the total amount in the fund. Assistant City Manager Tom Utter replied that there is about $50,000 in the Palms Up Fund but it will require approximately $150,000 to replace all of the palm trees. Mayor Jennings Herrington of Ingleside stated that he would like to contribute for the battleship surface homeporting effort a check from his City. He expressed their appreciation at being invited to be a part of this project and offered their cooperation and assistance in connection with the effort. Mr. Jerry Owens, Corpus Christi Home Builders Association, stated that he also had a contribution to present to Mr. Jimmy Lyles of the Chamber of Commerce in the amount of $3,600 for the homeporting effort. He assured the Council that they also are totally supportive of this effort. Also presenting a check in the amount of $2,500 for this same purpose was Mr. Dennis Elmore, representing Crow -Western Construction Company. Mr. Leonard Nissensen, Board of Directors of the Corpus Christi Apartment Owners Association, introduced their President Mr. Carl Webb and made a contribution of $1,000 to the South Texas Homeporting Group and informed the Council that they plan to acquire more contributions from individual members of the Association. He expressed the opinion that this is a magnificent project and his organization is ready to cooperate in any way they can. Mr. Loyd Neal, Chairman of the homeporting effort of the Chamber of Commerce, expressed appreciation to all of those who had contributed to this effort and stated that they had employed some public relations assistants and the Navy people will be aware of their efforts to bring the homeporting to Corpus Christi. He stated that they have hoped to receive approximately $25,000 from individual groups and informed the audience that the Navy representatives will be in the City November llth and 12th to examine this area. * * * * * * * * Mayor Jones then administered the oath to Mr. Juan P. Gonzales, newly appointed to the Civil Service Board and Civil Service Commission. * * * * * * * * * Mayor Jones called for consideration of the Consent Motions on the following items. es b. _ar Council Meeting October 23, 1984 Page 3 Mayor Jones noted that there is an additional Consent Motion to be considered which was posted as a supplement to the agenda and read the following: Authorizing a contract with Crowell Drilling Company to drill an additional water well at a cost not to exceed $152,000. No additional appropriation is necessary. Funds were made available by Ordinance No. 18519 approved on October 16, 1984. He asked that this be considered as one of the Consent Motions. 1. Bids be received November 14, 1964, 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 meal delivery service, for the Elderly Nutrition Program for Senior Community Services. Estimated expenditure is $23,000. 2. Proposals be received November 14, 1984, for a five-year concession contract for the Bayfront Plaza Convention Center. 3. Approving the purchase of two perforated dragline buckets for the Street Division from Ingram Equipment Company, for the total of $6,500, based on low bid. These items are included in the 1984-85 Capital Outlay Budget. 4. Rejecting all proposals for long distance telephone service. 5. The following actions be taken on the San Juan/San Carlos Water Line Improvement project: a. The contractor be granted a 2 day time extension against a 57 day time overrun due to additional work added by change order and he be charged liquidated damages for the remaining 55 days at a rate of $100 per day for a total of $5,500. b. The project be accepted and remaining funds of $23,598.04 be authorized to Goldston Corporation. This 9th Year Community Development Block Grant project provided for the installation of new 6" and 12" diameter water lines and additional fire hydrants in the San Juan and San Carlos areas to increase water pressure and improve fire protection. The total cost of this work was $251,143.84. Council Member Slavik referred to item 2 and asked about the possibility of allowing open catering in the auditorium. es R.. mar Council Meeting October 23, 1984 Page 4 Mr. Hal Peterson, Convention Center Director, explained that in order for the concessionaire to perform his duties, he needs to have a definite location so that it can obtain a liquor license. He stated that the auditorium is the only facility where an independent caterer could not be employed and explained that most of the events in the auditorium would just include the purchase of drinks because there are no banquets or parties conducted there. Council Member Slavik inquired as to how people are notified that the City is seeking proposals. Mr. Peterson explained that people who are interested in this will be notified if the Staff is aware of their interest and stated that a notice will be published in the newspaper. Mr. Peterson continued by stating that the Exhibit Hall portion of the building will still be available for B.Y.O.B. events at the customers' request. Mayor Pro Tem Turner inquired if most of the citizens who usually hold events in Exposition Hall are now using the Exhibit Hall at the Convention Center and if they were restricted as to use of a caterer, and Mr. Peterson replied that the ones who were already scheduled for events in Exposition Hall will be allowed to arrange for their own caterer but not new ones. He explained that the Exhibit Hall can be divided into two areas which provides twice as much as space as was available at Exposition Hall. He also stated that they have discussed this with the Restaurant Owners' Association. Mayor Jones stated that he understood that the Staff will make a recommendation according to the ability of the people who bid the job, and Mr. Peterson concurred and pointed out that the prices must be reasonable. Council Member Slavik referred to item 4 and inquired about the number of long distance calls made by the City. City Manager Martin stated that he has no idea but he will provide the Council with this information. 6. The 1982 Voluntary Paving Program be amended by deleting the streets from this program based on property owner contact meeting held in the area. Streets which would be deleted are Bobalo Drive, from Kimbrough Drive to Dorthy Drive Dorthy Drive, from McArdle Road to Gollihar Road Park Street, from Dorthy Drive to Bobalo Drive Kimbrough Drive, from Bobalo Drive to Airline Road find out and Koolside Area and a public as follows: It is further recommended that plans be prepared for sidewalk construction on the west side of Bobalo Drive and a portion of Dorthy Drive from Kimbrough Drive to Gollihar Road and storm sewer be extended to the inter- section of Bobalo Drive and Park Street to relieve local drainage problems. es h sat Council Meeting October 23, 1984 Page 5 7. The following actions be taken on the Purdue Road Improvements, Phase I project: a. The contractor be granted a 15 day time extension against a 29 day time overrun due to material delivery problems and he be charged liquidated damages for the remaining 14 days at a rate of $100 per day for a total of $1,400. b. The project be accepted and remaining funds of $29,610.55 be authorized to King Construction Company. The total cost of this 1982 bond project, which provided for the construction of Purdue Road from Debra Lane to Laguna Shores Road, was $156,014.29. Mayor Jones referred to item 6 and inquired about the source of funds. Assistant City Manager James K. Lontos explained that the City will pay for the storm sewers from bond funds and the cost of the sidewalks can be assessed against the abutting property owners. Council Member Mendez inquired if the people who are opposed to the voluntary paving in this area and did not sign a petition would be required to pay their sidewalk assessment, and Mr. Lontos replied that they would. Mr. Lontos continued by stating that they conducted a meeting in the Koolside area and a majority of the property owners indicate that they no longer want the overall project. He stated that a majority of the citizens had approved the project by petition before, but since the Council requested the Staff to check each project before continuing with the work, this is what was done. He stated that this is an old neighborhood and the City understands why they do not want the entire project since they already have curbs and gutters. Mr. Lontos continued by stating that a majority of the property owners on Bobalo and Dorthy Streets indicated that they do want sidewalks installed even though most of the area property owners do not want the project. He explained that the cost to the property owners would be about 50% and provided the information that 55% of the property owners on Bobalo support the sidewalk and storm sewer improvements. Mayor Jones called for comments from the audience on the Consent Motions. Mrs. Barbara Cline, who resides on Dorthy Street, referred to item 6 and stated that she had in her possession petitions signed by neighbors who do not want the improvements. She explained that they preferred not to have the improvements made because of the change in character of the neighborhood which is located in a small area completely surrounded by shopping centers. es 1 lar Council Meeting October 23, 1984 Page 6 Mr. Philip Rosenstein, 949 Dobalo, alleged that the original petitions were signed by the property owners because of erroneous information provided them at the time they were signed. He stated that they were not aware of the cost to the property owners until the recent neighborhood meeting conducted in Koolside Addition. He objected to the procedure followed because people in the neighborhoods become upset and angry with each other at such neighborhood meetings because of the disagreements. He pointed out that there is a park located across the street and questioned why sidewalks are not planned along the park. He agreed that the streets are in very bad condition and need a great deal of work but expressed the opinion that the street repairs should be the responsibility of the City and the property owners should not have to pay for the street reconstruction. He referred to the possibility of inflation increasing the costs. He related a situation that occurred at the neighborhood meeting, at which time the City Engineer informed an older couple living on social security that if they did not pay their assessments, a lien would be placed against their home. Mr. Rosenstein compared this to the large salary increases given City Management Personnel and implied that the money could be better spent on street improvements. Mayor Jones directed Mr. Rosenstein to resume his seat. Mr. Gerald Smith, City Engineer, explained that under the present assessment ordinance, the maximum sidewalk assessment is $1 per square foot. He explained further that most of the property owners in the area are opposed to the project and the only property owners who indicated they wanted any improvements at all were the property owners on Bobalo Street and the Staff decided to include a small portion of Dorthy Drive which connects with Bobalo. City Manager Martin reminded the Council that in 1981, the City had received petitions signed by more than 50% of the property owners requesting the street improvements for this area, but when the City Staff conducted a meeting to check with the property owners recently, property owners on three of the streets did not want the improvements but the property owners on Bobalo did want the sidewalks even if they could not have the street improvements. Mr. Smith clarified the results of the second petition by informing the Council that six property owners on Bobalo were in favor of the sidewalks and five were against. Mayor Pro Tem Turner noted that this is a Voluntary Program. She then made a motion to cancel the entire project with the exception of Bobalo Street on which 55% of the property owners indicated a desire to have the sidewalks constructed and that those property owners be informed that the remainder of the project is going to be cancelled, following which the City Staff will know whether or not they still want the sidewalks. The motion was seconded by Council Member Guerrero. •es iar Council Meeting October 23, 1984 Page 7 Council Member Guerrero then suggested that the entire project be cancelled and the residents of Bobalo Street be invited to a public hearing. He stated that if these people do not want improvements, the money could be spent in an area where people do want improvements. Mr. Smith stated that the Staff also recommends that the project be cancelled, but because of the request for the sidewalks from the property owners on Bobalo, the Staff feels that the sidewalks should be constructed and in addition, they will extend the storm sewer to the intersection of Bobalo Drive and Park Street to relieve the local drainage problems. City Manager Martin explained Mayor Pro Tem Turner's motion by stating that the project will be cancelled and a letter will be sent to the residents of Bobalo Street informing them of the fact that the project has been cancelled and inquire if they still want the sidewalks constructed and at the same time, inform them of the cost that will be incurred for the property owners. Mrs. Cline addresssed the Council again and inquired if the three property owners on Dorthy Street on which sidewalks are planned also be included in the survey and the percentage report of those who are opposed to the construction of sidewalks. Mr. Smith agreed to do that. Mayor Pro Tem Turner's motion passed unanimously. A motion was made by Council Member Slavik that the Consent Motions, items 1 through 7 and in addition, the Consent Motion pertaining to Crowell Drilling Company be approved, item 6 having been amended. The motion was seconded by Council Member Guerrero and passed unanimously. * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 8 through 19. Council Member Berlanga referred to Ordinance No. 9 authorizing five-year lease agreements with Missouri Pacific Railroad Company for the use of an undertrack unloading facility and storage yard at Sam Rankin and West Broadway. He objected to this expenditure because he was of the opinion that the materials could be stored at the Maintenance Services Center. Mr. Lontos explained the need for these facilities, stating that one is adjacent to the railroad tracks and when materials are delivered the City has to have a place to unload the product and the other is an area needed for temporary storage of the materials received. He stated that it is absolutely essential that the City have temporary storage at the railroad yard. es h. sar Council Meeting October 23, 1984 Page 8 Council Member Berlanga inquired about a spur of the railroad to the Service Center, and Mr Lontos assured him that ultimately they plan to construct such a spur in approximately five years. Council Member Guerrero referred to item 11 which awards a contract to United Aerial Mapping, Inc. of San Antonio and inquired if any local firms bid on this project. Mr. Lontos stated that there are no Corpus Christi firms that perform this type of photography with the exception of Glasson who performs limited aerial photography. He stated that the City had received bids from four firms and this was the lowest bid. Council Member McComb referred to item 13 pertaining to the purchase of street markers and expressed concern that most of the street markers do not have block numbers. He inquired if these will be required to have block numbers, and Mr. Tom Stewart, Director of Transportation, stated that block numbers are included in the specifications. Mayor Jones referred to Ordinance No. 16 which is the second reading of the swimming pool fence ordinance and stated that the Council had received a letter signed by four citizens who reside in the Calallen area where the back side of their swimming pools drop off to a bluff. He asked if there would be special provisions for this type of situation. City Manager Martin assured the Council that the Staff is drafting an amendment which will be presented to them prior to the third reading of the ordinance to take care of specific situations. There were no comments from the audience on the Consent Ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 8. ORDINANCE NO. 18522: AMENDING ORDINANCE NO. 18098 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Purdue Road, from Debra Lane to Laguna Shores Road; 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". es h ..Lar Council Meeting October 23, 1984 Page 9 9. ORDINANCE NO. 18523: AUTHORIZING THE EXECUTION OF TWO AGREEMENTS WITH MISSOURI PACIFIC RAILROAD COMPANY FOR THE USE OF THE UNDERTRACK UNLOADING FACILITY AND ADJACENT STORAGE YARD AT THE MISSOURI PACIFIC RAILROAD YARD AT SAM RANKIN AND WEST BROADWAY; 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". 10. ORDINANCE NO. 18524: UTILIZING PREVIOUSLY APPROPRIATED FUNDING FOR THE ANIMAL SHELTER IMPROVEMENTS; APPROPRIATING $9,700.98 REPRESENTING FUNDS REMITTED BY THE GULF COAST HUMANE SOCIETY FOR ITS SHARE OF CONSTRUCTION COSTS ON NAVIGATION BOULEVARD AND REMAINING PROJECT ALLOCATIONS; 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. 18525: AUTHORIZING THE EXECUTION OF A CONTRACT WITH UNITED AERIAL MAPPING, INC. FOR AERIAL PRODUCED TOPOGRAPHIC AND CONTOUR MAPS TO BE USED IN CONNECTION WITH THE MASTER SANITARY SEWER PLAN STUDY AND FUTURE MASTER DRAINAGE PLANS; APPROPRIATING $36,015; 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. 18526: CHANGING THE NAME OF APRICOT DRIVE TO LIPES AVENUE; 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. 18527: AMENDING THE PLATTING ORDINANCE, SECTION V, REQUIRED IMPROVEMENTS, SUBSECTION B, MINIMUM STANDARDS, PARAGRAPH 4, STREET MARKERS; AND DECLARING AN EMERGENCY. es h .iar Council Meeting October 23, 1984 Page 10 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. 18528: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MR. AND MRS. ROBERT H. McHANEY BY GRANTING A SPECIAL COUNCIL PERMIT FOR DUPLEX ON LOT 6, BLOCK 5, ALAMEDA PARK; 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. FIRST READING: AMENDING CHAPTER 38 OF THE CITY CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI TO ELIMINATE THE REQUIREMENT OF IDENTIFICATION CARDS FOR PERSONS SOLICITING FUNDS FOR CHARITABLE PURPOSES; AND PROVIDING FOR SEVERABILITY. 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". 16. SECOND READING: AMENDING THE CODE OF ORDINANCES, CHAPTER 23, SWIMMING POOLS STANDARDS, SECTION 23-57, (1) DEFINITIONS TO MODIFY THE DEFINITION OF "PUBLIC SWIMMING POOL" AND THE DEFINITION OF "WADING POOL"; AND BY ADDING SUBSECTION (8) POOL ENCLOSURE REQUIRED; AND PROVIDING FOR PUBLICATION. 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". 17. THIRD READING - ORDINANCE NO. 18529: AMENDING THE CODE OF ORDINANCES, CHAPTER 36, PARKS,RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, SECTION 36-7, SWIMMING POOL RATE SCHEDULE, TO INCREASE SPLASH PARTY FEES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. 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". es R. _tar Council Meeting October 23, 1984 Page 11 18. THIRD READING - ORDINANCE NO. 18530: CLOSING AND ABANDONING ALL 20 FOOT WIDE DEDICATED ALLEYWAYS IN BLOCK 20, CALALLEN TOWNSITE; PROVIDING 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". 19. THIRD READING - ORDINANCE NO. 18531: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GLENN LANMON AND DR. JAMES LIVELY FOR THE LEASE OF A PARCEL OF LAND AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR A TWENTY YEAR PERIOD. 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 the following action by motion from the Regular Agenda: 20. The plat appeal from the Nueces County Housing Assistance office relating to the waiver of a $1,250 pro rata sanitary sewer fee as a result of the platting of Gollihar Park Unit 2, Block 1, Lot 22 be denied. The Housing Assistance office is proposing to construct a housing project for the elderly on a 5 acre tract being platted on Gollihar Road east of Greenwood Drive. City Manager Martin informed the Council that he thought that this could be resolved if the Council concurs. He stated that the reason for the request or the waiver is not based on any technical issues but it is just a matter of economics for the Nueces County Housing Assistance Office, which is on a very restricted budget. He stated that he did not think that that is a good reason to grant a waiver; the City Staff is in concurrence with the project; and they feel that the City could pay the cost for this group from Community Development funds for a total of $1,250. The Council indicated their concurrence and City Manager Martin then withdrew this item. * * * * * * * * es h _.lar Council Meeting October 23, 1984 Page 12 Mayor Jones announced the public hearings on the following item: 21. ANNEXATION - 27.052 acre tract of land out of Lots 15 and 16, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, owned by Tristar Develop- ment, Inc., generally located on the northeast corner of Yorktown Boulevard and Everhart Road. Mr. Larry Wenger, Director of Planning, located the area on the transparency which is at the corner of Yorktown and Everhart Roads. He stated that the property has been prezoned "B-4" on the front portion and "AB" on the rear portion; there are no internal streets; but the developer will have to pay for his portion of paving Yorktown and Everhart when the property is developed. There were no comments from the audience on this annexation. 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 informed the Council that the first reading of the ordinance authorizing the contract will be on the agenda next week. * * * * * * * * * Mayor Jones announced the public hearings on four zoning cases. 22. Application No. 984-9, Mr. Tommy Rack: For a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, being 47.12± acres out of Survey No. 419, State Abstract 570, Patent No. 208, and Survey No. 420, State Abstract 857, Patent No. 443, Nueces County Texas, located between I.H. 37 and MCKinzie Lane, approximately 600' west of Carbon Plant Road. Assistant City Manager Utter informed the Council that in response to the three notices of the public hearing, one 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 wished to speak in opposition to this request. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez and passed unanimously. 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. es R ,_lar Council Meeting October 23, 1984 Page 13 City Secretary Read polled the Council for their vote on the ordinance effecting the zoning change and the following was passed: 22. ORDINANCE NO. 18532: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF TOMMY RACK BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LAND OUT OF SURVEY NO. 419, STATE ABSTRACT 570, PATENT NO. 208, AND SURVEY NO. 420, STATE ABSTRACT 857, PATENT NO. 443, FROM "R -IB" ONE -FAMILY DWELLING 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, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, "absent at the time the vote was taken". 23. Application No. 984-10, Mr. G. G. Davila: For a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lots 6 and 7, Block 3, Lexington Center, located on the west side of Hill Street, at its dead end. Mr. Utter stated that in response to the eleven notices of the public hearing, four in favor and none in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend approval. No one spoke in opposition to this zoning request. 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. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Slavik and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 23. ORDINANCE NO. 18533: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF G. G. DAVILA BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 6 AND 7, BLOCK 3, LEXINGTON CENTER, FROM "R -1B" ONE -FAMILY DWELLING 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, Berlanga, Brown, McComb, Mendez and Slavik voting, "Aye"; Turner, Guerrero and Kennedy, "absent at the time the vote was taken". es h __lar Council Meeting October 23, 1984 Page 14 * * * * * * * * * 24. Application No. 984-1, Lebasyr Heritage Society: For a change of zoning from "R -1B" One -family Dwelling District with "SP" Special Permit to "AB" Professional Office District on Lot 2, Dirksen Tract, located on the east side of Flour Bluff Drive, approximately 1,025' north of Glenoak Drive. Mr. Utter informed the Council that in response to the thirteen notices of the public hearing, one in opposition and four in favor from outside the area of notification had been returned. He explained that the Planning Commission and Planning Staff recommend denial and in lieu thereof, that a revised special permit be approved in accordance with the site plan submitted with the addition of a standard screening fence and the applicant completing construction of the required screening fence and paved parking within one year. He stated that the 20% rule is in effect which will require seven affirmative votes of the Council to approve. 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 Brown inquired if the applicant was satisfied with the special permit and conditions as recommended, and Mr. Wenger stated that as far as he knew, the applicant was with the exception of the screening fence requirement. Mayor Jones called on the applicant or his representative to speak. Dr. Donald Hanna, 4625 Dody Street, appeared representing the applicant and reviewed the history of their organization and the history of this particular site. He stated that they had purchased ten acres in this area, and five years ago had sold five acres to Dr. William Dirksen at which time they explained to him that their facility would be located on this property. He stated that at the time they obtained their first special permit, they were under the impression that shrubs could be substituted for the fencing requirement. He stated that they had constructed a parking lot and had placed shell on it and did not think they were required to blacktop the lot. He stated that Dr. Dirksen's residence and horse farm are the only developed property in the area because the Retta Place residential area is approximately two blocks away. Dr. Hanna informed the Council that the Lebasyr Heritage Society had a special permit before but they constructed a small garden tool shed and it was reported to the City that they had not installed a screening fence. He assured the Council that their intentions have always been good and did not know that they were not in compliance with the original site plan but stated that their officers changed frequently and they were not aware of that plan. He stated that it is not true that they are seeking a change of zoning in order to expand because the only reason for the application is the construction of the garden tool shed and the fact that they have not constructed a screening fence. He then read a resolution explaining the activities and purpose of the Lebasyr `_es .lar Council Meeting October 23, 1984 Page 15 Heritage Society. He expressed the opinion that their building is outstanding in the community and they do not feel that they are a threat to the neighborhood to the east of them. He stated that they hope that they do not have to install a screening fence around the entire property until the back portion of their lot is ready for the development or the vacant land to the east of them is ready for development. He requested that they be allowed to install a fence 150 feet behind their building rather than fencing in the entire piece of property. He stated that they have a parking lot already developed but it is not paved with asphalt and he asked that they not be required to place asphalt on it for 36 months. Mayor Jones called on others who wished to speak in regard to this zoning application. Dr. William Dirksen, 2536 Flour Bluff Drive, appeared in opposition stating that he purchased the land on which his residence is located about four years ago but he was not informed about the purpose of the land owned by the Lebasyr Society or that they planned to install a club there. He informed the Council that a portion of the building in use was brought in to the area and a special permit was obtained at that time against the recommendation for denial by the Planning Staff. He stated that his concerns are (1) they have not complied with the special permit authorized three years ago which required a screening fence; and (2) they have built a structure that was not authorized on the original special permit. He noted that everything the Society does has been done in an indirect manner and he feels that they should comply with their special permit. He explained that when the Club is in operation, there is always a large crowd with resultant noises in the neighborhood and they have recently advertised the Club for rental purposes which will create more of a problem. He stated that the fence on the south side of the Lebasyr Society's property was installed by him and he feels that the owners of the property should have to comply with the special permit that was first approved. Mayor Jones asked Dr. Dirksen to examine the site plan that was just submitted and approved, and Dr. Dirksen stated that he has no objection to the site plan if they comply with all of the requirements. Mr. Utter explained that the applicant has requested that they basically cut their property in half by installing a fence across the middle of the property rather than a fence around the entire acreage. He stated that the Staff would have no objection to not having the screening fence at the back of the property if there are no activities held in that portion of the property, but as soon as there are activities there, he felt that it should be fenced. Dr. Dirksen stated that he has no objection to their being allowed to install a fence across the middle section of the property because he felt that one should be installed because that area is most visible to him at his home. He also stated that he felt very strongly that the privacy fence requirement included in the original special permit should be fulfilled at this time. es h .iar Council Meeting October 23, 1984 Page 16 Mayor Pro Tem Turner noted that both parties seemed to be in agreement and inquired if a special permit could be approved as shown on the site plan with the exception that the screening fence could be installed across the middle of the property. Mr. Utter stated that that would be in order if when activities are conducted in the rear portion that a screening fence will be constructed around the entire property. He suggested that the Council might wish to allow them 60 to 90 days to construct the fence. Dr. Dirksen expressed concern about allowing them a long period of time to comply with the special permit, pointing out that they have already had three years to construct the fence. Council Member Mendez pointed out that Mr. Hanna had also objected to the asphalt paving, and Mr. Utter expressed the opinion that the parking lot should have a hard surface of some type such as asphalt. Mayor Jones stated that he would hope that there would not be any delay in meeting the special terms of this special permit. A motion was made by Mayor Pro Tem Turner that the requested zoning of "AB" be denied but in lieu thereof, that a special permit be approved in accordance with the submitted site plan with the requirement that a screening fence be installed across the middle of the property within 90 days and that when activity occurs in the rear portion of the property, the screening fence must be extended completely around the property. The motion was seconded by Council Member Kennedy. Mr. Utter clarified the motion by stating it is to require the construction of a fence along the south through the center of the property and on the north side of the property with the exception of the portion fronting on Flour Bluff Drive. Mayor Jones expressed the opinion that if the Lebasyr Society did not comply with this within 90 days, he felt that their permit should be revoked. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. A motion was made by Council Member Guerrero to amend the motion made by Mayor Pro Tem Turner that the screening fence be required in the center within 90 days and the other two sides be required to be fenced within 180 days and that the Society be allowed twenty-four months from the date of the passage of the ordinance to install a hard surface pavement on the parking lot. The amendment to the motion was seconded by Council Member Brown. es n. lar Council Meeting October 23, 1984 Page 17 Mr. Wenger pointed out that twenty-four months was the original time period for the improvements included in the special permit that was previously approved. Council Member Kennedy expressed the opinion that if the Society does not comply with the 90 days fence requirement, they should be issued a citation. Mayor Pro Tem Turner offered no objection to the amendment to her motion; Mayor Jones called for the vote on the amended motion and it passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb and Mendez voting, "Aye"; Kennedy and Slavik voting, "No". Mr. Utter inquired if that motion did include the requirement that the rear portion of the property will have to be fenced when other activities occur in that area, and Mayor Jones stated that that was correct. * * * * * * * * 25. Amendments to the Zoning Ordinance: Creating a new zoning district "B -2A" Barrier Island Business District and making amendments to Article 3, Definitions, Article 4, General Provisions Districts, and District Maps, Article 12, "B -1A" Tourist Court District, Article 13, "B-1" Neighborhood Business District, Article 22, Parking Regulations, Article 24, Height, Area, and Bulk Requirements, Article 27, Supplementary Height, Area, and Bulk Regulations, Article 28, "PUD" Planned Unit Development, to reflect changes necessary as a result of the creation of the "B -2A" District. Mr. Utter explained the "13-2" classification and the changes to be made in "B -2A" classification which is the Barrier Island Business District regulations. He referred to a map of the property involved, noting that it extends along the bay shore and also on Padre Island Drive. He explained that they have worked with the Padre Island Owners Association and the Padre Island Investment Corporation in developing these amendments to the Zoning Ordinance. He explained that the reason is that they would like to keep the green space setback along South Padre Island Drive and they feel that there is a need for additional types of activities in "B-2" zoning. He explained some of the uses that would be allowed in "B -2A" zoning. He also noted that those companies that had construction prior to annexation have some installations that would not be in compliance such as gas pumps in front of convenience stores. He stated that the gas pumps infringe on the green space and it has been agreed that on a case by case basis, they could come back and request a special permit to allow for the continued use of the gas pump in the green space area. Mr. Wenger explained various uses that could be placed in "B -2A" zoning such as (1) any use permitted in the "A-2" Apartment House District; (2) Aquarium; (3) Auditorium/Gymnasium or other amusement place in an enclosed building; (4) automobile parking lots and accessory off-street parking spaces provided that no parking spaces shall project into the required front yards and further that such lots or spaces shall be screened from all street lines by a es h. .lar Council Meeting October 23, 1984 Page 18 building or by a hedge or other screen planting not less than four feet in height; (5) auto rental agencies; (6) bank or loan associations; (7) boat sales and enclosed boat storage; (8) child care centers; (9) filling stations; (10) hospitals or clinics; (11) hotel, motor hotel or motel; (12) marina; (13) museum; (14) offices and medical offices; (15) personal service uses such as barber shops, beauty shops, etc. (16) restaurants; (17) retail store; (18) self service laundries; (19) shoe repair, t.v. repair, appliance repair; (20) all outdoor signs shall be used to advertise the principal business or activity conducted on the premises with no portable signs permitted. He explained that the other changes will allow more signage in "13-2A" and explained other changes. He stated that the basic requirement is that the green space would specify a twenty -foot setback with minimum planting of different types of vegetation which must have access to water. Mr. Wenger showed slides of Pompano Bay, Florida, which demonstrated the green area similar to those required by this ordinance. Mayor Pro Tem Turner inquired if the Corpus Christi '90 group had seen this, and Mr. Wenger stated that they had not but he would be glad to show the slides to them. Speaking in favor of the amendments was Mr. Nick Nikoloric, who operates the Property Owners' Association on Padre Island. He expressed approval of these changes. Speaking in opposition to the zoning request was Mr. Richard Elizondo, 5440 Old Brownsville Road. He stated that he is speaking on behalf of Maverick Markets and stated that they have two sites on the Island where they do not have any green space and they do have gas pumps located in the 20 -foot setback. He explained that they were brought into the City after their buildings were constructed and they did not know that their property was non -conforming. He requested that the sites already existing should be treated as applicants for the Grandfather's Clause or that the City bring forth the application for the companies as well as individuals to initiate the procedure for them to have a special permit allowing for the gas pumps to remain in the setback area. Mayor Jones inquired if Mr. Erich Wendl was aware that he was speaking to the Council in regard to this, and Mr. Elizondo stated that he was told by Mr. Wendl to take care of this. Also speaking in opposition to the request was Mr. John Trice who operates Island Sun and Surfwear on Padre Island Drive. He stated that he had worked with Mr. Wenger on this project but he was caught unaware that they would be annexed. He stated that their zoning was "3-4" and at the time the Flour Bluff zoning was changed, their property was zoned "B-2" and he has just recently found out that he could no longer use the front 20 feet of his property. He agreed that the green space would be very attractive but he felt that it is unfair for the City to require them to plant and maintain such planted areas. es n .tar Council Meeting October 23, 1984 Page 19 He expressed the opinion that if the City wants green space, they should plant the greenery and maintain it because this would present a problem for businessmen. He expressed the opinion that there should be some concessions made so that if 7,000 square feet of property is taken from his land, that a variance of required parking spaces should be granted him to compensate for his loss of property. He also expressed the opinion that the City should make the 20 -foot setback at the front of the property tax-exempt. Council Member Slavik inquired if the Staff had considered including a Grandfather Clause in this ordinance. Mr. Utter informed the Council that Mr. Trice's property was never zoned "B-4" and it had deed restrictions running with the land. Mr. Trice stated that he had documents to prove that he did have "B-4" zoning at one time. Mr. Utter again denied this and Mr. Utter again explained that existing businesses could request a change of zoning to acquire a special permit to allow the continuation of the use of their existing businesses and they could be rebuilt in the event of a loss but they could not be expanded. Mr. Trice stated that he felt that most of the neighbors would be opposed to this and suggested that the zoning case be tabled until they have time to present this to them so that they can comment before the City Council. Council Member McComb expressed the opinion that Mr. Elizondo of Maverick Market was correct in that the business property that are in non-compliance should not have to initiate their own zoning cases because he felt that the City of Corpus Christi should do that since they are changing the zoning. Council Member Slavik stated that she is in favor of the ordinance amendment but she felt that in connection with the individual businesses, the zoning cases should be initiated by the City to go before the Planning Commission and the City Council to consider a special permit to allow existing uses. Mr. Jack Ratkovic inquired if he decided to build a store on Padre Island if he could do so, and Mr. Utter stated that he could if the Council approves this "B -2A" zoning. Mr. Mikoloric addressed the Council again, stating that he operates the Prcperty Cwners Association on the Island and they have 4,700 members plus their families. He stated they started circulating and discussing this about five months ago and only three people objected to this zoning classification. He stated that businessmen had also been included in the meetings and the only two objections were from Mr. Trice and Maverick Market. He pointed out that the :es Jar Council Meeting October 23, 1984 Page 20 Island is one of the major attractions for tourists and other visitors and he felt to make it as attractive as possible would increase tourism. He also stated that this Staff has been extremely helpful in working with them. Mr. Jack Lavers, President of Padre Island Investment Corporation, stated that he has a business on Padre Island Drive; he has 75 feet of frontage; and he has planted nine palm trees there to beautify the area. He agreed that this Staff has been working on this project for a long time and this is one of the classic examples of the close cooperation of the government, the community and business interests. He urged that this not be tabled but that the Council approve this ordinance. Mr. Calvin Floyd addressed the Council and expressed the opinion that it should be tabled so that the businessmen could have the situation explained to them. No one else spoke in regard to this zoning application. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. Mayor Jones expressed the opinion that this ordinance should be passed and the Staff should initiate the action to take care of the businesses that have structures in the 20 -foot setback. City Secretary Read polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 25. ORDINANCE NO. 18534: AMENDING ARTICLE 3, DEFINITIONS; ARTICLE 4, GENERAL PROVISIONS, DISTRICTS AND DISTRICT MAPS; ARTICLE 12, "8-1A" TOURIST COURT DISTRICT REGULATIONS; ARTICLE 13, "B-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS; ARTICLE 22, PARKING REGULATIONS; ARTICLE 24, SIGN, AREA AND BULK REQUIREMENTS; ARTICLE 27, SUPPLEMENTARY HEIGHT, AREA, AND BULK REQUIREMENTS; AND ARTICLE 28, "PUD" PLANNED UNIT DEVELOPMENT, OF THE ZONING ORDINANCE; 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". * * * * * * * * * Mayor Jones called for the City Manager's Report. City Manager Martin referred to the morning Workshop discussion on the Port Commissioners. es 1. _ar Council Meeting October 23, 1984 Page 21 Mayor Jones interjected that he had agreed to call Judge Barnes to let him know what the Council had decided in regard to this matter. City Manager Martin continued by stating that the Council had discussed the procedure utilized and the plan is to schedule a closed meeting to discuss names, and following that, they will meet with the County Commissioners. Mayor Jones stated that he felt that the closed meeting could be conducted on November 6th and then they need to meet with the County. Council Member Kennedy pointed out that they need to watch the calendar because this operation could require as many as three meetings and they need to carefully time the appointment procedure. City Manager Martin reminded the Council of the meeting Thursday night at Greenwood Senior Citizens Center. Mayor Jones stated that Mayor Pro Tem Turner will be in Austin Thursday and he will be in Austin also testifying before the Legislative Committee. He stated that he will make every attempt to arrive in Corpus Christi in time to go to the meeting. Mayor Pro Tem Turner stated that she would like for the Council to make it very clear to the people who attend that the only reason she is in Austin is because her mother is ill. Mayor Jones suggested that the closed meeting with Judge Hunter and Mrs. Anita Garza be conducted on November 6th at 11:00 a.m. and the Council indicated their concurrence. Mayor Jones referred to the request from Ms. Debbie Hunt to appear at the Council Meeting next week and stated that he did not think that this request should be granted. He suggested instead that she appear under petitions from the audience. A motion was made by Council Member Kennedy that Ms. Hunt be allowed to speak under petitions from the audience, seconded by Council Member Slavik and passed unanimously. * * * * * * * * * Mayor Jones called for petitions or information from the audience on items not listed on the agenda. He commented that this is a time for the Council to listen to people's complaints but not to make any decisions. Mr. Tom Hunt, Sr., President of the Taxpayer's Association of Corpus Christi, stated that their organization has not always agreed with the Council. He assured the Council that they believe in the present Council/Manager form of government but they find it deplorable and very shocking that the Corpus Christi es 1 sar Council Meeting October 23, 1984 Page 22 Caller -Times would editorialize against several Council Members for their attempting to see that the City operates within the City Charter. He stated that the proposal made by the five Council Members is an attempt to comply with the City Charter and noted that the Charter cannot be changed by ordinance. He expressed the opinion that the Caller -Times apparently is unaware that the Charter cannot be changed by ordinance. He mentioned the fact that some Members of the Council in the past were criticized for no action and no direction, as a result of which, City Manager Marvin Townsend at that time built an empire. Mr. Hunt continued by stating that the Taxpayers' Association is going on record as supporting the City Council in their efforts to comply with the City Charter. He stated that it is unfortunate that the City Manager has stated that he cannot work under those conditions and he will have to resign. He stated that the Taxpayers' Association urged that this Council accept the City Manager's resignation. Mr. Gilbert Casarez, Chairman of the American G. I. Forum, stated that this organization was one of the plaintiffs that filed suit against the City to change the election procedure from an At -Large method to single -member districts and they were successful in their efforts. He stated that it was their aim to comply with that procedure and they are obligated to continue that concept. He stated that the American G. I. Forum has gone on record expressing support of the City Council in their endeavors and he agrees with Mr. Hunt. He stated that if for some reason the City Manager is not able to work with these Council Members and he feels that he must resign, his resignation should be accepted. Mrs. Wilma Godkin, 1410 Cambridge, speaking on behalf of Grandparents Against Pornography, stated that she is present because all over the City she sees pornographic literature displayed on shelves and she understood that there is a law which prohibits such display of pictures where minors can see them. She stated that she would like to ask the City Council to help with the enforcement of this law. Council Member Slavik suggested that Judge Margarito P. Garza be contacted because he might be able to help her in this matter City Manager Martin stated that the law is not that easy to interpret in Court because it refers to what is being displayed, not what is inside. He stated that he will check with the Police Department and the County Attorney to see how the law is enforced. Council Member Kennedy recalled that the City Council a few years ago passed an ordinance prohibiting the display of pornographic pictures in City buildings, and that ordinance can be enforced by the City. Mr. Gus Leija, also speaking on behalf of the American G. I. Forum, stated that he did not think that the Council Members who brought up the subject they did last week had made any errors because he felt that they were just trying to comply with the law and the City Charter. He stated that there was no railroad :es .lar Council Meeting October 23, 1984 Page 23 job as has been implied and if the City Manager cannot play according to the rules, then he should depart the City. Mr. Marty Berry, Berry, Inc., stated that he is here in regard to street construction materials. He referred to the last time he had appeared before the City Council at which time he felt some progress had been made in resolving the issue, noting that they were successful in having the alternate added. He stated that the Staff has added four tests which he did not feel were equal. Mr. Berry explained the test procedures which he alleged excluded White's Mines from the hardness tests. Mr. Berry continued by informing the Council that he had written a letter to the City Manager requesting the test results of the rocks for the past five years, and after receiving the test records, he discovered that 50% of the material received by the City does not meet specifications. He suggested that this may be the reason the City has so many potholes. He indicated that he would be glad to meet with City staff members to resolve this and reminded them of the bid date of November 7, noting that at this time, a fair bid for the material will not be possible. City Manager Martin stated that the bid date is November 7th but the award would not be made until later in November. Mrs. Catalina Martinez stated that she has lived in Corpus Christi for twenty-five years but she was originally from El Paso, Texas. She stated that she was recently very disappointed in the editorial in Sunday's Corpus Christi Caller -Times and the reference to the "patron" system because three of the Council Members are Mexican -Americans. She objected to that allegation and explained that the Mexican -Americans deplore the "patron" system. She pointed out that the Mexican -American people living in Corpus Christi and other parts of the United States have brought valuable contributions to this City and other parts of the Country through their customs and history. She explained the personal history of the Martinez Family, stressing their service to the Country. She stated that these types of people should not be looked down upon and this is what the Caller -Times did by placing a label on them. She expressed the opinion that all students should learn and understand about people of other countries and most students are assisted in this by the Mexican -Americans in the community. She stated that she read in the newspaper that Mrs. Leah Olivarri received a $10,000 increase when she has only been with the City for two years. She stated that the Council would have to admit that that is very fast promotion. Mr. Elias C. Perez, 904 Buford, stated that he is just another tired taxpayer because his taxes have increased every year. He stated that if his taxes are going to be increased every year, he felt that he should have some input as to how those taxes are being spent. He expressed the opinion that this City has too many chiefs and not enough indians and objected to all of the promotions and raises that the City Manager has granted. He stated that he would like to know what the people have achieved while they have been with the :es .lar Council Meeting October 23, 1984 Page 24 City and why they deserve such large salary increases. He stated that he understood that Mr. Martin should have control but not when it comes to spending the taxpayers' money. Council Member Berlanga stated that he is not going to speak about the "patron" system but the thing he is going to say is in self-defense because the editorial in Sunday's paper really upset him. He stated that he was very disappointed last Tuesday when a motion was made to ask that ordinances be changed which were passed under an emergency situation and in order to have the ordinances passed on an emergency you must have the Mayor's written request or those of at least five members of the City Council. He stated that he certainly did not expect the City Manager to react the way he did and he was very disappointed in his reaction because he thought that the City Manager would try to work it out. He recalled that the City Manager stated that under the circumstances, he could not live with it and he would have to resign at which time, Council Member McComb agreed that he would do the same thing in that situation. He stated that he has talked to about 2,000 people, most of whom were Anglos, and most of them told him to stand his ground and asked the City Manager to resign. He stated that he represents the entire City and he was on the Council to respond to the people who elected him. He stated that under the circumstances, he did not have any other choice but to make a motion that the City Manager submit his resignation effective in two weeks. Mayor Jones declared that the motion died for a lack of a second. There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Mayor Pro Tem Turner and passed unanimously, the Regular Council Meeting was adjourned at 5:40 p.m., October 23, 1984. * * * * * * * * * * DZ/rr