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HomeMy WebLinkAboutMinutes City Council - 12/07/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING DECEMBER 7, 1983 2:00 P.M. PRESENT *Mayor Luther Jones Mayor Pro Tem Betty Turner Council Members David Berlanga, Sr. Leo Guerrero Herbert Hawkins, Jr. Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik City Manager Edward Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem Betty Turner called the meeting to order in the temporary absence of Mayor Jones. 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 Herbert Hawkins, Jr. 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. *Mayor Luther Jones arrived at the meeting at 2:10 p.m. A motion was made by Mayor Pro Tem Turner that the minutes of the Regular Council Meeting of November 23, 1983 be approved as presented; seconded by Council Member Leo Guerrero; and passed unanimously. * * * * * * * * * * * * * * * Mayor Jones presented 30 -year pins to the following employees: NAME DEPARTMENT POSITION Bob Fontaine Police Captain Amando (Mandy) Leal Police Senior Officer (Sergeant) Victor Pena Street Asst. Street Superintendent Joe Walker Fire Firefighter Mayor Jones noted the absence of Sergeant Jimmy Thompson of the Police Department and expressed regret that he was unable to be present and stated that SEP 191984 Ata8LMED, utes _gular Council Meeting December 7, 1983 Page 2 he is the police officer who conducts the crossing guard program and performs and excellent job in that capacity. * * * * * * * * * * * * * * * Mayor Jones called for consideration of the consent motions on the following items: 1. Bids be received December 27, 1983 for replacement mowing equipment including two 60" self-propelled mowers - one for the Airport and one for the Park Division and three riding greens mower - one for the Oso Golf Course and two for the Golf Center. The equipment is included in the 1983-84 Budget. 2. Bids be received January 3, 1983 for annual purchase of pick up trucks and vans for various City divisions including one compact pickup, 17 1; ton pickups, 7 3/4 ton pickups and two vans. The trucks and vans are included in the 1983-84 Budget. 3. Fiscal year 1983-84 requirements for automobiles be purchased, based on low bid as follows: a. Creveling Motor Co., Estimated 28 Police Sedans Total: $279,944.00 GRAND TOTAL: $473,915.72 b. Courtesy Ford Imports Estimated 26 Standard Sedans & station wagons Total: $193,971.72 Bids were received from five firms. Prices increased approximately 9% on the police sedans over last year's purchase. Prices remained virtually the same on the standard sedans and station wagons. 4. Authorizing Change Order No. 1 to the Surfside Boulevard Connection to Timon Boulevard on Corpus Christi Beach providing for the substitution of 5 inches of hot mix asphaltic base in lieu of 8 inches of sand/shell base for roadway construction with no change in contract price for the base work. The change was requested by the contractor and the staff feels that the base substitution is equivalent in cost and is a superior base material. 5. A revocable easement to permit the installation of private ornamental lights and a sprinkler system in Huntington Park Subdivision be approved. This subdivision is located on the south side of Saratoga Boulevard west of South Staples Street. Council Member Berlanga questioned granting this revocable easement to a developer and inquired about the length of time the developer will maintain the sprinklers. utes _gular Council Meeting December 7, 1983 Page 3 City Manager Martin explained that this requirement will be necessary as long as the developer has the revocable easement and if they do not maintain the easement, it will revert back to the City. 6. An indemnity agreement posted by Mitchell Energy Offshore Exploration Corporation be accepted in lieu of a bond and three permits be granted to drill wells: (a) Two directional bay wells to bottomhole locations 11,000 ft. beneath the ship channel from an irregular surface location 9 miles seaward of the Harbor Bridge and 300 ft. north of the ship channel right-of-way. The Bay Drilling Committee held a hearing on November 17 on these applications, and the Committee recommends that the irregular location be approved because the normal location would be in the ship channel where drilling is prohibited, and there is no other regular location within a reasonable distance of both proposed bottomhole locations. (b) An 8,500 ft. deep straight hole well from a regular surface location 7,400 ft. seaward of the Mustang Island State Park in the Gulf of Mexico. No other exceptions to the Oil and Gas Chapter of the City Code are requested. 7. The City Manager or his designee be authorized to contract with the state ACTION agency for continuation of the Retired Senior Volunteer Program (RSVP). The contract budget is $79,927. This includes $40,000 in Federal funds, $15,927 in State Funds, with a contribution of $24,000 in matching City monies. In order to continue RSVP at its current service level, the grant budget will be augmented by $13,120 in additional City monies as approved in the 1983-84 Budget. The total new annual program budget is $93,047 for the period beginning April 1, 1984. 8. Approving the final design for the new Central Library and authorizing the architects to proceed with development of final plans. Mayor Jones ascertained that no one in the audience desired to speak in regard to these consent motions. A motion was made by Mayor Pro Tem Turner that items 1 thru 8 be approved, seconded by Council Member Berlanga and passed unanimously. * * * * * * * * * * * * * * * Mayor Jones called for consideration of consent ordinances and ordinances from previous meetings on items 9 thru 20. Council Member Slavik referred to Ordinance #10. granting an amendment to the engineering contract with Urban Engineering for supervision of the construction of improvements to the Allison Wastewater Treatment Plant and informed the Council that some of her constituents are of the opinion that Urban Engineering has not done a satisfactory job at the Oso Plant. She stated that she would hope that Urban Engineering would be more careful on this job that on the Oso job. lutes _gular Council Meeting December 7, 1983 Page 4 Mayor Jones referred to Ordinance #14 pertaining to the rehabilitation of the Corpus Christi Garden Center and inquired if the necessary work can be accomplished by the purchase of the five ton air-conditioning replacement unit to be purchased from Mischer Enterprises, Inc. of San Antonio. He inquired if the City will purchase this directly from that firm, and Assistant City Manager Tom Utter concurred that this will be purchased by the City and installed by city crews. Council Member Guerrero pointed out that it is the prerogative of this Council to review all bids, and City Manager Martin stated that this is not a bid item, but he will check with the staff to see how the bid was solicited to see if anyone locally has gas air-conditioning units. Council Member Hawkins expressed the opinion that the Council should consider the local bidders, but they should not be given special consideration just because they are local - this would not be in compliance with state law and could precipitate illegal practices. Mayor Pro Tem Turner referred to Ordinance #15 in regard to the police collective bargaining contract agreement and asked for comments on the contract. City Manager Martin stated that the City has experienced some very difficult negotiations; it is a very complicated package; but he feels that it meets both the City's and the Police Officers' best interest. Council Member Mendez congratulated City Manager Martin and Personnel Director Chuck Speed who worked on the contract. He pointed out that with a vote of approval by the Police Officers of 10 to 1, it obviously is a good contract for them. Discussion followed on some of the points included in the contract. City Manager Martin provided further information about item 14, the Garden Center project, and stated that bids had been solicited for the purchase of the gas air-conditioning unit; there was one other bid in the amount of $3,513 (installed); and the one recommended for purchase would cost $2,761 if installed by City forces. Mayor Jones called for comments from the audience on the foregoing ordinances. Mrs. John Padilla, 701 Bradshaw, trustee of the Board of the Corpus Christi Council of Garden Clubs, expressed appreciation to the Council for approving ordinance #14, stating that they have attempted to get the work done for several years and the air-conditioning has been a problem for some time. City Secretary Read polled the Council for their votes on the ordinances and the following were passed: 9. ORDINANCE NO. 17961 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH W. P. WILLS, CONSULTING ENGINEER, FOR ENGINEERING SERVICES FOR THE CHAPARRAL APRON EXTENSION, TAXIWAY "P" AND lutes .gular Council Meeting December 7, 1983 Page 5 NORTHWEST HANGAR SITE IMPROVEMENTS PROJECT AT CORPUS CHRISTI INTERNATIONAL AIRPORT; APPROPRIATING $58,300; AND DECLARING AN EMERGENCY. The Charter Rule was suspendedand the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting "Aye". 10. ORDINANCE NO. 17962 AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH URBAN ENGINEERING FOR ENGINEERING SERVICES ON THE STEP 3 CONSTRUCTION AT THE ALLISON WASTEWATER TREATMENT PLANT WHICH INCORPORATES VARIOUS CHANGES TO THE ORIGINAL CONTRACT WHICH ARE REQUESTED BY THE ENVIRONMENTAL PROTECTION AGENCY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting "Aye". 11. ORDINANCE NO. 17963 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 2 IN CONNECTION WITH THE HEARN ROAD STREET REALIGNMENT PROJECT; APPROPRIATING $3,956; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting "Aye". 12. ORDINANCE NO. 17959 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Dalraida, Hollywood Terrace and Sherman Street Improvements and Mokry Drive Sidewalks 1. Dalraida Street, from Carroll Lane to Dakin Place 2. Hollywood Terrace, from Gollihar Road to Horne Road 3. Sherman Street, from Prescott Street to Vestal Road 4. Mokry Drive (sidewalks only) from McArdle Road to So. Padre Island Dr. AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting "Aye". 13. ORDINANCE NO. 17960 utes _gular Council Meeting December 7, 1983 Page 6 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: Dalraida, Hollywood Terrace and Sherman Street Improvements and Mokry Drive Sidewalks 1. Dalraida Street, from Carroll Lane to Dakin Place 2. Hollywood Terrace, from Gollihar Road to Horne Road 3. Sherman Street, from Prescott Street to Vestal Road 4. Mokry Drive (sidewalks only) from McArdle Road to So. Padre Island Dr. DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL FOR JANUARY 11, 1984 AT 7:00 P.M., IN THE CARROLL LANE ELEMENTARY SCHOOL CAFETERIA, 4120 CARROLL LANE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting "Aye". 14. ORDINANCE NO. 17964 APPROPRIATING $7,561 FOR REHABILITATION OF THE CORPUS CHRISTI GARDEN CENTER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting "Aye". 15. ORDINANCE NO. 17965 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE CORPUS CHRISTI POLICE OFFICERS ASSOCIATION FOR FISCAL YEARS 1983-84 AND 1984-85, PURSUANT TO COLLECTIVE BARGAINING NEGOTIATIONS; AMENDING AND DELETING VARIOUS FIRE AND POLICE CONTRACT -RELATED SECTIONS OF COMPENSATION ORDINANCE 8127; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting "Aye". 16. ORDINANCE NO. 19766 ANNEXING AN 88.14 ACRE TRACT OF LAND BEING PLATTED AS BRIGHTON VILLAGE UNITS 3 AND 4; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting "Aye". utes _gular Council Meeting December 7, 1983 Page 7 17. SECOND READING AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MS. MARGIE BENNETT FOR CONCESSION PRIVILEGES AT THE CONCESSION BUILDING AT THE GREENWOOD SOFTBALL COMPLEX. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting "Aye". 18. THIRD READING - ORDINANCE NO. 17967 AUTHORIZING AN AMENDMENT TO THE LEASE WITH VAN DUSEN AIRPORT SERVICES, INC. TO INCLUDE A 760 FOOT BY 200 FOOT TRACT OF LAND CONTIGUOUS TO ITS PRESENT NORTH BOUNDARY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting "Aye". 19. THIRD READING - ORDINANCE NO. 17968 AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR GRAZING PURPOSES WITH LEROY K. AND PEGGY J. FENTON, FOR A FOUR ACRE TRACT OF LAND WHICH IS PART OF THE ELLIOTT SANITARY LANDFILL. The foregoing ordinance was read for the third time vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Slavik voting "Aye". 20. THIRD READING - ORDINANCE NO. 19769 and passed by the following Kennedy, McComb, Mendez and AMENDING ARTICLE V OF THE CITY CODE BY ADDING SECTION 33-97 TO PROVIDE FOR ANNUAL PERMITS FOR PERMANENT OUTDOOR CONCERT FACILITIES OPERATING AS AN ONGOING BUSINESS AND ESTABLISHING A FEE FOR SAID ANNUAL PERMITS; AND PROVIDING FOR PUBLICATION AND SEVERABILITY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting "Aye". * * * * * * * * * * * * * * * Mayor Jones called for consideration of action by motion on the following items from the Regular Agenda: 21. Proposals be received January 3, 1984 for a new telecommunication system for City Hall, the City Hall Annex and Public Utilities Building. The new system is included in the 1983-84 Budget. The current system is antiquated and obsolete. The new system will be configured so that it can be unplugged and relocated to the new City Hall when completed. ates gular Council Meeting December 7, 1983 Page 8 City Manager Martin explained the reason for consideration of acquiring a new telephone system when a new City Hall is planned. He explained that the City's equipment is so obsolete that it is difficult to obtain parts and the service is less than desirable. He assured the Council that the new telephone system may be moved to the new City Hall and that the equipment proposed to be acquired will provide much more efficient service and save money. He stated that several companies will bid on the purchase of the new equipment and installation, and after the dissolution of AT&T in January, an entirely new field will be opened up for purchase of such equipment. He stated that the equipment must be capable of being updated. 22. Plans and specifications for the Main Drive Street and Drainage Improve- ments project be approved and bids be received on January 11, 1984. This is a 1977 Voluntary Paving Program project supplemented with Community Development Block Grant Funds with Main Drive proposed to be reconstructed from Sedwick Road to Leopard. Council Member Mendez complimented the staff on their work on this project and expressed the opinion that the diversion of the drainage under the freeway will be a great improvement in that area. City Manager Martin informed the Council that Assistant City Manager Lontos had indicated that this was probably the most complicated, difficult engineering job they had ever encountered in the Engineering Department. Council Member Guerrero stated that all of the people on Main Drive are elated that this project is going to become a reality. 23. Consideration of the Planning Commission's recommendation concerning free- standing signs being allowed in "AB" zoning district. The Planning Commission is recommending that the Zoning Ordinance be amended to allow a conditional permit process in considering freestanding sign requests, in accordance with specific criteria and that these conditional permits be granted by the Planning Commission, which would not require any Council action. Mr. Larry Wenger, Director of Planning, began a presentation on signs to be allowed in "AB" zoning district. He informed the Council that the Planning Commission has studied this subject and have set a public hearing for Tuesday, December 20, 1983 (this date was later changed to January 3, 1984). He explained that this item was on the agenda at the direction of the City Council and due to the fact that there are two pending zoning cases that were tabled until this date. He stated that the Planning Commission feels that they have a solution to the problem. Mayor Jones stated that if the public hearing on the subject is not going to be conducted until later, he questioned whether the Council should make any decision at this time. Mr. Wenger suggested that the two pending zoning cases could be referred back to the Planning Commission if the Council basically concurs with the recommendation of the Planning Commission that the zoning ordinance be amended to allow conditional permit process in considering freestanding sign requests in utes .gular Council Meeting December 7, 1983 Page 9 accordance with specific criteria and that these conditional permits be granted by the Planning Commission. A motion was made by Council Member Guerrero that the two pending zoning cases for Mr. Gabe Lozano, Jr. and Mr. Guy Morrow be tabled and that they be referred back to the Planning Commission; seconded by Council Member Slavik. Council Member McComb referred to page 2 of the memorandum submitted to the City Council pertaining to this and stated that he was under the impression that the conditional use permit would be allowed as well as a sign attached to the particular building. He pointed out that there are other inconsistencies in the changes proposed. Mr. Wenger explained that the memorandum he referred to was directed to the Planning Commission and after they discussed it, they determined that there should only be one sign, not two. City Manager Martin stated that if the Council intends to refer these two zoning cases back to the Planning Commission, the motion should specify that it will be at no additional cost to the applicants. Council Member Guerrero indicated that he accepted that addition to his motion and the motion passed unanimously. Mayor Pro Tem Turner inquired about the ordinance and the prohibition of portable signs. Mr. Wenger stated that the ordinance does not refer to portable signs. He explained that when a sign is installed, it must be in a fixed position and there is nothing pertaining to portable signs at all. Council Member Kennedy inquired about the degree to which the City is enforcing "no signs in the right-of-way", and City Manager Martin stated that that is very difficult to enforce and enforcement usually occurs when a complaint is received. Council Member Kennedy suggested that if signs are in the right-of-way, the property owner should be given one warning, and if the sign is placed there again, it should be destroyed by the City. Council Member Slavik referred to letters the Council has received from Mr. Nikoloric of Padre Island Property Owners Association and his concern about large billboards placed all along Padre Island Drive. City Manager Martin explained that that is a different problem because development signs directing people to certain new developments are covered by another ordinance which recently passed to allow such installation. He stated that he felt it was being abused in a lot of cases. A motion was made by Mayor Pro Tem Turner that items 21 and 22 be approved, seconded by Council Member Berlanga and passed unanimously. 24. Approving the concept of a one-way looped circulation system on Corpus Christi Beach which will ultimately connect Timon, Surfside and North rtes __gular Council Meeting December 7, 1983 Page 10 Shoreline Boulevards from Canal Street to the south to Gulden Street to the north as recommended by the Transportation Advisory Board and Planning Commission. City Manager Martin related that the entire circulation of traffic on the beach has been discussed by the City Council; this item was referred to the Transportation Advisory Board; they have completed their study and they have made their recommendations which will be explained by the staff. Mr. Tom Stewart, Director of Transportation, informed the Council that during the meeting of the Transportation Advisory Board, the staff's plan and the alternative plan prepared by the Corpus Christi Beach Association had both been studied by that board. He displayed a plan in which the City proposes a one-way system and they recommend that an ordinance be passed establishing the system just on the south end. Assistant City Manager Utter pointed out that there is a change in the location of the off -ramps, and Mr. Stewart pointed out that the existing ramp is at Kleberg Street and the staff proposes the installation of a ramp at another location. Mayor Pro Tem Turner inquired if the crossover would be retained, and Mr. Stewart replied that it would be at this time. He continued his explanation and summarized by stating that the staff proposed one-way loop system would be as follows: a. N. Shoreline Boulevard one-way northbound from Canal Street to Coastal Street. b. Surfside Boulevard one-way southbound from Coastal Street to Canal Street. c. Coastal Street -- one-way westbound from N. Shoreline to Surfside d. Canal Street -- one-way eastbound from Surfside Boulevard to N. Shoreline Boulevard. He stated that the action to be taken today is approval of the concept of the overall one-way loop circulation system. Mayor Jones called for comments from the audience on this item. Mr. Jack Davis stated that the Corpus Christi Beach Property Owners Association has another plan which they prefer. He stated that it was prepared by Mr. William W. Green at their request. Mr. Green addressed the Council and stated that he was retained by the Corpus Christi Beach property owners to prepare a plan containing their proposals. He stated that his plan indicates Surfside would serve as a two-way street and that the other side of the esplanade be eliminated. He stated that the property owners prefer two-way traffic within the neighborhood and in front of their businesses and that they had requested crossovers at each intersection. He expressed the opinion that there should be an exit at each of the cross streets. utes _pular Council Meeting December 7, 1983 Page 11 Mayor Jones commented that Mr. Green had devised this plan according to the suggestions of the Corpus Christi Beach Owners and asked him if he had any qualifications as a traffic engineer. Mr. Green replied that he did not except for a short time study. He stated that his plan also includes the installation of sidewalks. Mr. David Janacek, the owner of The Country Store, referred to the exit ramp at Kleberg Street and stated that he was speaking on behalf of most of the residents of Corpus Christi Beach. He assured the Council that they are in favor of progress; they have lived on Corpus Christi Beach for a long time and feel that they should be part of the new development and should reap the benefits of the improvements. He expressed the opinion that the subject of conflict of interest had been in the news quite a bit in the last few months and he felt that there was a conflict of interest by some of the Council Members, particularly those who have business interests on Corpus Christi Beach. He questioned whether those Council Members who are property owners should vote on this issue. Mayor Jones informed Mr. Janacek that the City Attorney has provided the Council Members with opinions on this many times and his legal opinion is that there is no conflict of interest among the Council Members who own property on Corpus Christi Beach. City Attorney Aycock stated that he did not believe that ownership of property on the Beach should prohibit the Council Members from voting on this issue, because there will be no direct monetary benefit from any decisions made on the traffic plan. Council Member Kennedy stated that he owns 1 a unit in a condominium and one other piece of property on Corpus Christi Beach. Council Member Berlanga expressed the opinion that if anyone owns property on the Beach, they should abstain from voting. Mr. Aycock reiterated that he saw no reason for Dr. Kennedy to abstain from voting because he is not any different from any other taxpayer who owns property and the basic term in the Charter sets out that if a Council Member has some pecuniary interest and if the property owned would be enhanced in some way by actions of the Council, then a Council Member should not vote on an issue. He pointed out that all of the Council Members are taxpayers and if this law is enforced too exactly, the Council could not even levy taxes. He stated that the fact two Council Members own property on Corpus Christi Beach should not prevent them from voting on a traffic pattern for the entire Corpus Christi Beach area. Mayor Jones noted that the traffic exiting off the bridge creates a bad problem and a bad accident is going to occur there if something isn't done. He urged that the Council examine this plan from a point of view as to what is best for the total public and he therefore urged approval of the concept of the one-way looped circulation system. Council Member Berlanga referred to the conflict of interest issue and stated that he was of the opinion that the one-way traffic would enhance the utes ._gular Council Meeting December 7, 1983 Page 12 property on the beach and he felt that anyone who owns property should abstain from discussions and voting. Council Member Kennedy stated that he does own property on Corpus Christi Beach and if there is any question about his participating in the discussions and voting he would abstain from doing either. Mayor Jones pointed out that inevitably this opinion of Mr. Berlanga's will have repercussions for him some day in the same fashion as Council Member Kennedy in that some issue will be presented to the Council that involves his own property. Council Member Slavik stated that she felt that she should request that this item be withdrawn because the City Council is prohibited from voting on changes in a master plan and the 1966 Corpus Christi Beach Master Plan is still in effect. She referred to page 65 of the City Charter which states that any changes to a master plan must first be considered by the Planning Commission and the Planning Commission did not recommend that specific changes be made to the Corpus Christi Beach Plan of 1966. Mayor Jones expressed the opinion that that was wrong and suggested that if she felt this way, a motion should be made. Council Member Mendez called for a response from the City Manager to Mrs. Slavik's statements. City Manager Martin expressed the opinion that when the City Council adopted the Corpus Christi Bayfront Plan, there was one section included in that plan which states that "all previous master plans are hereby declared void"; therefore, there is no 1966 Corpus Christi Beach Plan in effect at this time. He stated that the ordinance that adopted that bayfront plan negated the 1966 Corpus Christi Beach Plan. Council Member Berlanga seconded Mrs. Slavik's motion to withdraw this item. Mr. DeHaven, 1702 Tuloso Circle, stated that he is the owner of the Spanish Kitchen which is located on Corpus Christi Beach. He pointed out that there is a danger in the location of the existing offramp from the expressway and he felt that it was imperative that something be done to correct that problem. He stated that he did not have any problem with the one-way flow of traffic, but he questioned the length of the esplanade which appeared to be a little too long. Dr. Dean Banks, 225 Waverly, suggested that the Council delay action on this item for the following reasons: (1) The plan is premature; (2) It is damaging to businesses on Corpus Christi Beach; (3) This plan would benefit only those people who are trying to turn Corpus Christi Beach into a profit making venture for condominiums, etc.; (4) There is no traffic problem on Corpus Christi Beach because there is a lack of traffic in the area. Dr. Banks also questioned the legality of this action because of the Corpus Christi Beach master plan of 1966 which in his opinion is still in effect. He stated that in his opinion, any change in master plans should be specifically recommended by the Planning Commission and he felt that the formal requirements had not been followed. utes 3ular Council Meeting December 7, 1983 Page 13 Dr. Banks continued and pointed out that the statement that the Bayfront Development Plan eliminated the 1966 Corpus Christi Beach Plan is incorrect. Mr. Stern Feinberg, owner/manager of Master Host Inn, informed the Council that he wanted to correct the impression that all of the property owners on the beach are opposed to the one-way traffic pattern because he is definitely in favor of the plan. He pointed out that he felt that the first offramp is very dangerous and this problem should be corrected. He stated that he is concerned about one business in the area which is The Country Store and he would like to see any modification necessary to correct the problem of damage to the business of that firm. Mayor Jones asked Mr. Feinberg for a recommendation for a modification to prevent any damage to The Country Store, and Mr. Feinberg stated that he did not have a solution, but he felt that the city staff should discuss this with Mr. Janacek. Mayor Pro Tem Turner inquired if the esplanade could be cut to provide another crossover. Mr. Stewart stated that the recommendation is adoption of the loop concept and the city staff could refine the plan with more breaks if necessary. Mr. J. E. O'Brien, 4130 Pompano, speaking for the Corpus Christi Taxpayer's Association, stated that his group cannot support an ordinance at this time because it is premature with the limited information provided by the staff. He referred to a letter of December 10, 1980 which referred to parking facilities on the Beach and pointed out that they are still none available there. He stated that he understood that the City Manager had informed the Corps of Engineers that a plan for parking would be presented for consideration by May, yet there are still no facilities and they are of the opinion that parking facilities should be the priority item over this one that is being discussed. Mr. Jack Davis, 3523 Timon Blvd., presented a second petition expressing opposition to the traffic plan and stated that with this petition a total of 460 signatures had been obtained expressing opposition to the City staff's plan. He referred to conflict of interest by Council Members who might benefit from the one-way traffic pattern and stated that he felt that it would benefit them by diverting traffic under the bridge. he referred to the location of property owned by Mayor Pro Tem Turner and Council Member Kennedy and suggested that they not vote on this recommendation due to the ownership of their property. He, too, asked that this be tabled for further consideration and urged that the two-way traffic circulation be established according to the plan prepared by Mr. Green. He, too, alleged that there is no traffic problem on Corpus Christi Beach. Mayor Pro Tem Turner stated that she did not believe there is a conflict of interest on her part in voting on this matter and she had opinions of the City Attorney and other attorneys to that effect. She stated that she and her husband own two apartment units in one of the condominiums; they have no plans to purchase additional property; the condominium is not even on that expressway; and she did not see any way that she could benefit from the establishment of a one-way traffic plan. ates 4u1ar Council Meeting December 7, 1983 Page 14 Council Member Guerrero pointed out that the Council had earlier discussed the problems with The Country Store and he felt that those had been resolved. He asked Mr. Davis about the specific problem that he has. Mr. Utter explained that Mr. Davis owns property and as traffic exits the offramp, direct access is provided to Mr. Davis' property. He pointed out that the plan prepared by Mr. Green has the potential of directing traffic right back up on the ramp. Mayor Pro Tem Turner asked Mr. Janacek if his problem at The Country Store had been resolved and Mr. Janacek stated that he felt that they had been but he was concerned about other property owners. Council Member Guerrero stated that he would like to give Mr. Davis an opportunity to respond to the explanation made by Mr. Utter. Council Member McComb explained to Mr. Davis that during his temporary absence from the Council Chamber, Mr. Utter had pointed out that he, Mr. Davis, will have access to The Country Store and that on Mr. Davis' property, access will be provided on two sides of his property. Mr. Davis alleged that the only place where free access is available will be to the Sandy Shores Motel and the Spanish Kitchen. Mayor Jones called for the vote on the motion to withdraw consideration of this item and it failed to pass by the following vote: Berlanga, Hawkins and Slavik voting "aye"; Jones, Turner, Guerrero, McComb and Mendez voting "no"; Kennedy having disqualified himself. Council Member Guerrero referred to the statement earlier that the purpose of this item is to approve the loop system and he inquired if there is an alternative to that wall that goes around Mr. Davis' property. Mr. Stewart explained that it was necessary for the removal of the offramp that creates the tendency to go the wrong way at Mr. Davis' property which is the key to eliminating the danger of the offramp. He suggested that Mr. Davis could reorient his property to have driveways and entrances in any way that he desires. Council Member Mendez stated that he felt that this should be delayed a while until the Council is sure that all problems have been addressed, such as a cut in the esplanade. City Manager Martin pointed out that there are two separate items being discussed and this one is to approve the one-way concept. He assured the Council that before the street can be made one-way, there must be public hearings with notices. He stated that the staff is of the opinion that it is very important for people who have long term plans for Corpus Christi Beach to know that a one-way system should be in effect and that is what the staff is asking for approval on. He pointed out that the elimination of the ramp under discussion has nothing to do with this item. utes .gular Council Meeting December 7, 1983 Page 15 Council Member Berlanga questioned the practice of the staff of recommending that concepts be adopted. He suggested waiting until definite plans have been prepared. A motion was then made by Council Member Berlanga that this item be tabled until final details are available, seconded by Council Member Slavik. Council Member McComb pointed out that there is a need to have a concept before the staff can provide anything definite. He pointed out to the Council Members that they are going to delay the development of the beach if they do not approve this plan. He stated that this is not a surprise plan because it has been going on for years and the people who own property on the beach have had adequate time to express their opinions. He pointed out that this has been recommended by the Planning Commission and by the Transportation Advisory Board. Mayor Jones called for the vote on the motion to table this item until specifics have been prepared and it failed to pass by the following vote: Berlanga, Hawkins and Slavik voting "aye"; Jones, Turner, Guerrero, McComb and Mendez voting "no"; Kennedy disqualifying himself. A motion was made by Council Member Guerrero that item 24 be approved, seconded by Council Member McComb. It passed by Turner, Guerrero, McComb and Mendez voting "aye"; voting "no"; Kennedy having disqualified himself. City Secretary Read called the roll for the the ordinance designating streets on the beach to ordinance was passed: 25. FIRST READING the following vote: Jones, Berlanga, Hawkins and Slavik vote on the first reading of be one-way and the following AMENDING THE CORPUS CHRISTI CITY CODE, SECTION 53-250 SO AS TO DESIGNATE THE FOLLOWING STREETS FOR ONE-WAY TRAFFIC OPERATION: a. N. Shoreline Boulevard -- one-way northbound from Canal Street to Coastal Street. b. Surfside Boulevard -- one-way southbound from Coastal Street to Canal Street. c. Coastal Street -- one-way westbound from N. Shoreline to Surfside d. Canal Street -- one-way eastbound from Surfside Boulevard Shoreline Boulevard. to N. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Guerrero, McComb and Mendez voting "aye"; Hawkins and Slavik "abstain"; Kennedy disqualified himself. Mayor Jones called for consideration of other ordinances from the Regular Agenda on items 26, 27 and 28. utes _gular Council Meeting December 7, 1983 Page 16 City Manager Martin referred to Ordinance #26 authorizing acquisition of two parcels of land for the Navy Clear Zones Land Acquisition Project and explained that a report on the status of the acquisitions had been provided the Council in their packets Friday. Assistant City Manager Lontos displayed a map of the property to be acquired and explained the future plans for acquisition. Council Member Hawkins referred to Ordinance #27 which called for a change order to provide landscaping around the Oso Water Reclamation Plant. He suggested that this same contractor should not have additional jobs with the City on this particular project. City Manager Martin explained that by using the change order for the landscaping, the EPA funds for landscaping could be renewed. He inquired about the problem with the contractor Mr. Hawkins referred to and he stated there were some problems at the Airport but he was not aware of any on this project. He stated that if the Council desired, an item could be added to the change order to require that the City be allowed to approve the subcontractor on the landscaping to be sure that it is a reputable one. He suggested approving the change order with this provision. Mayor Jones called for comments from the audience on ordinances 26 thru 28. Mr. J. E. O'Brien addressed the Council and complimented Council Member Kennedy for stepping down and refraining from discussing the Corpus Christi Beach issue. He referred to item 28 in regard to the appropriation from the Police Building Bond Fund for a study of the City/County jail subject. He stated that the Taxpayer's Association has always objected to combining the City/County jail facilities and they object to any money being appropriated from the Police Building Fund. City Manager Martin stated that in terms of the study, the staff has confirmed that this is a legitimate expense that can be taken from the Police Building Fund. He pointed out that if the jail is moved, it is definitely a measure which will provide additional space in the Police Building and in his opinion it is directly related to the Police Building Fund. City Secretary Read polled the Council for their votes on the three ordinances and they passed as follows: 26. ORDINANCE NO. 17970 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 43 AND 48 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $21,180; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting "aye"; Turner "absent". lutes .gular Council Meeting December 7, 1983 Page 17 27. ORDINANCE NO. 17971 APPROVING CHANGE ORDER NO. 6 TO THE CONTRACT WITH F & E ERECTION COMPANY FOR THE SECOND PHASE OF EXPANSION OF THE OSO WASTEWATER TREATMENT PLANT WHICH PROVIDES FOR LANDSCAPING AT THE PLANT SITE; APPROPRIATING $29,532.66; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting "aye"; Turner "absent". 28. ORDINANCE NO. 17972 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH N.R. COX AND ASSOCIATES FOR PROFESSIONAL SERVICES FOR A JOINT CITY -COUNTY JAIL STUDY; APPROPRIATING $12,500; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting "aye"; Turner "absent". * * * * * * * * * * * * * * * Mayor Jones called for the public hearing on the following item: 29. STREET CLOSING: A 40 -foot wide unimproved roadway known as County Road 26A through Lots 9, 10 and 11 and Lots 22, 23 and 24, Section 11, Flour Bluff & Encinal Farm & Garden Tracts, immediately west of Cimmaron Boulevard. The request to close this right-of-way is made concurrently with the develop- ment of Brighton Village Units 3 and 4 at the County Road 26A location. Assistant City Manager Lontos explained that the applicant plans to develop a subdivision; there are no utilities in the roadway; it is not visible on the ground; and the staff recommends that it be closed so that the property can be properly developed. He explained that the minimum width of the streets within the subdivision will be 50' wide and this is a 40' wide right-of-way. Council Member Hawkins expressed the opinion that the land acquired by this street closing should be paid for by the individuals involved. Council Member Slavik inquired if the City had ever considered requesting compensation for the closing of the streets, and City Manager Martin replied that in this type of situation it has been the attitude that the streets were dedicated from the property owners originally and at such time as it has been determined that the property is no longer necessary, it should revert back to the property owners who dedicated it. He assured the Council that a recommendation to change this policy may be made in the future, because the staff is researching the question, and dependent upon how the City acquired right-of-way, determination will be made whether or not it should be paid for. utes gular Council Meeting December 7, 1983 Page 18 Council Member Hawkins stated that he felt that the concept that the property owners dedicated the right-of-way should not be considered because they were allowed to construct a subdivision. Council Member McComb stated that he questions the impact of developers in the other areas if this street is closed, because they may have predicated their development on the fact that this street will be in existence. Mr. Lontos pointed out that there is another road that extends along both properties; developers have to further extend that road; and they will have to construct streets within their subdivision. City Manager Martin returned to his discussion in regard to the policy on payment for street closings and suggested that the Council will probably want to have the Planning Commission discuss the matter; it would be a major change; there will be a lot of opposition if the policy is changed; and he feels that it is one thing when streets that have never been used are closed and another when streets that are in use around shopping centers, etc. are proposed for closing. He stated that he is definitely in favor of charging the applicants in some situations. Mayor Jones pointed out that these subdivisions add a great deal to the tax rolls with very little additional expense to the City. Mayor Jones called for comments from the audience on this proposed street closing. Mr. Jack O'Shea, 6229 Lost Creek Drive, stated that he represents Cano Development Company which owns 60 acres adjacent to this street. He stated that he did not know what the other developer plans to do and he wondered how many roads they will have that will dead-end at the property owned by his company. Mr. Lontos informed Mr. O'Shea that a preliminary plat has been filed in Mr. Wenger's office which he is welcome to examine. Mr. O'Shea then questioned if this road is closed or eliminated, what would happen to the road that extends to Staples Street, and Mr. Lontos explained that at the time that property is developed, that road may be paved or the location of the roads could be changed as long as access is provided. He stated that there is a gravel road and his property will have access because the action proposed today only closes the road through the subject property, not the one that provides access. Mr. Wenger suggested that Mr. O'Shea come by his office to examine the plat. He stated that he was under the impression that the developer who has made this request only has three streets and if this street is not closed the development of Brighton Village will be delayed. Mr. Lontos pointed out that the closing of this road will not affect Mr. O'Shea's property. Mr. Mendez pointed out that if Mr. O'Shea replats his land and develops it, he will only have to extend one street all the way to Staples, not all of the streets. utes ,gular Council Meeting December 7, 1983 Page 19 Mayor Jones suggested that this item be withdrawn temporarily until Mr. O'Shea has an opportunity to see the plat of the applicant. * * * * * * * * * * * * * * * *30. TABLED - Mr. Gabe Lozano, Jr., dba, Lozano Insurance from "AB" Professional Office District to "B-1" Neighborhood Business District on Lots 15 and 16, Block A, Phillips Addition located on the northeast corner of Cleo and Baldwin Streets. This case was tabled on November 2 until today pending a report on signage in "AB" districts. The Planning Commission recommended denial. *31. TABLED - Mr. Guy Morrow, dba TwoMorrows Gallery, from "R -1B" One -family Dwelling District with a "SP" Special Permit to "B-1" Neighborhood Business District on the west side of Airline Road, approximately 150' south of the intersection of Airline Road and Lum Street. This application was heard by the City Council on July 30, 1983 at which time it was tabled for six months or until a recommendation is received form the Planning Commission on signage in the "AB" zoning district. The Planning Commission recommended that the "B-1" be denied, and in lieu thereof grant "AB" Professional Office District with a "SP" Special Permit for an art gallery and that the freestanding sign request be referred back to the Commission after the Zoning Ordinance is amended to create the special sign permit process in the "AB" district, as recommended by the Planning Commission. *NOTE: The tabled zoning applications were referred back to the Planning Commission - See Page 8 * * * * * * * * * * * * * * * Mayor Jones announced the public hearing on five zoning applications. 32. Application #1083-6, Dr. Robert Vela: for a change of zoning from "R -1B" One -Family Dwelling District to "11-4" General Business District on Lot 4, Block 19, Segrest Addition, located on the west side of Cleo Street, approximately 88' south of Heinley Street. Assistant City Manager Tom Utter informed the Council that in response to the 20 notices of the public hearing, one in favor and two in opposition had been returned, plus a petition with 14 signatures in opposition from outside the area of notification. He stated that the Planning Commission recommends denial and in lieu thereof that "AB" zoning be approved, and the Planning Staff recommends denial. He stated that the staff recommends denial because this property was rezoned to "R -1B" on May 14, 1980 at the request of the property owner in order to effect a lower street assessment. He stated that the staff also feels that the single family character should be preserved in this area. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of utes gular Council Meeting December 7, 1983 Page 20 the vicinity and stated that the prospective purchaser plans the development of a medical office building. Council Member Berlanga stated that since most of the surrounding area is zoned "R -1B", he did not believe that it should be changed. Mayor Jones called on the applicant to speak. Mr. Ed Sample, 5106 Moultrie, of Sample Engineering, stated that he is representing Dr. Vela and pointed out that prior to 1980, this property was zoned "B-4" as were the two adjacent pieces of property. He explained that it was changed by the property owner at the time of the street improvements in order to reduce his assessments. He stated that the property has since been sold to two physicians and the proposal is to establish an office building on property. Mayor Pro Tem Turner inquired if the applicants could construct offices on the other two lots that they own, and Mr. Sample replied that there is not enough land there. He stated that the office building will face Cleo Street. Council Member Kennedy inquired if it could be changed to face Heinley Street and Mr. Sample assured him that it could be if the Council so directs. Mrs. Mary Helen Berlanga, representing Mr. Senon Rodriguez, 2205 Sarita, expressed opposition on behalf of her client to the change of zoning. She stated that several of Mr. Rodriguez' neighbors are opposed to this also because of the expected increase in traffic, which would present a hazard to the children in the neighborhood. She requested that the zoning change be denied. No one else spoke in regard to this application. A motion was made by Council Member Mendez that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. Council Member Hawkins pointed out that the first two lots are already zoned "B-4" and he would be inclined to approve a special permit for the requested use, if access is prohibited from Cleo Street. A motion denied was made by Council Member Hawkins that Application special permit be approved subject to an approved site plan from Cleo Street. Council Member Guerrero seconded the No. 1083-5 be but that a showing no motion. access Council Member Mendez noted that if the Council is considering a special permit, there should be a screening fence installed between the proposed structure and the existing residences. Mr. Utter suggested that the Council might wish to include in the site plan a suggestion as to how this lot relates to the office structure that is going to be built. He noted that even though the Council cannot prohibit access on the other two lots, the site plan on this application could show where the front of the building is, etc. Council Member Berlanga again objected to a special permit. utes jular Council Meeting December 7, 1983 Page 21 Council Member Hawkins pointed out that the applicant must submit a site plan and the Council would have some control over the two lots that are zoned "B-4" in that way. Council Member McComb stated that he concurred that a special permit could be granted. He stated that this is a very reasonable use when one considers there are a lot more objectionable uses that could be installed in the already existing "B-4" zoning on some of the lots. Council Member Mendez suggested that the motion should include the requirement for a screening fence; the site plan should indicate the relationship of this lot to the other two lots; and that there be no access on to Cleo Street. The amendment to the motion was seconded by Mayor Pro Tem Turner and Council Member Hawkins indicated that he would accept that amendment to his motion which passed unanimously. * * * * * * * * * * * * * * * City Manager Martin informed the Council that Mr. O'Shea had examined the plat in connection with the request for the closing of a 40' wide unimproved roadway known as County Road 26a and stated that Mr. O'Shea had indicated that he had no objection to the street closing. A motion was made by Mayor Pro Tem Turner that item 29 be removed from the table, seconded by Council Member Mendez and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the street closing and the following ordinance was passed: 29. ORDINANCE NO. 17973 CLOSING AND ABANDONING THE 40 FOOT WIDE RIGHT-OF-WAY IN LOTS 9, 10, 11, 22, 23 AND 24, SECTION 11, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; SUBJECT TO PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye"; Hawkins "no"; Berlanga "absent". * * * * * * * * * * * * * * 33. Application #1083-5, Dr. Robert Vela: for a change of zoning from "R -1B" One -Family Dwelling District to to "R-2" Multiple Dwelling District on Lot 6, Block 14, Segrest Addition, located on the southwest corner of Heinley and Sarita Streets. Assistant City Manager Tom Utter informed the Council that in response to the 20 notices of the public hearing, one in favor and six in opposition had been returned and that one letter containing 14 signatures had been received utes 3u1ar Council Meeting December 7, 1983 Page 22 expressing opposition. He stated that both the Planning Commission and Planning Staff recommend denial and informed the Council that the 20% rule is in effect. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the vicinity and stated that the applicant plans to move a house to this lot and establish a duplex. He explained that the applicants could move a single family dwelling unit on to this property even without a change of zoning. Speaking on behalf of Dr. Vela was Mr. Ed Sample. He stated that the two doctors have purchased three lots and there are two very nice homes which they would like to move together to establish a duplex. He pointed out that there is already a duplex on the corner across the street and the vacant lot under consideration would add to the tax base. He stated that the duplex would face Heinley Street. Ms. Mary Helen Berlanga spoke in opposition to this request and located her client's house which is adjacent to the property where they propose to move the duplexes. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Slavik and passed unanimously. A motion was made by Mayor Pro Tem Turner that Application No. 1083-5 be denied, seconded by Council Member Slavik and passed unanimously. * * * * * * * * * * * * * * * 34. Application #1083-7, 1889 Group: for a change of zoning from "F -R" Farm Rural District to "8-4" General Business District, being 13.731 acres out of Tract 4, McIntyre Portion of the Mariano Lopez De Herrera Grant, Abstract 606, located on the southwest corner of F.M. 624 and F.M. 1889 Mr. Utter informed the Council that public hearing, one in favor and one in from outside the area of notification in stated that both the Planning Commission of this request. in response to the six notices of the opposition had been returned and one opposition had also been received. He and Planning Staff recommend approval Mayor Jones ascertained that no one in the audience wished to speak in regard to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. Mr. Wenger explained how the developers plan to provide an access drive along the front of the property which is shown on the plat. He stated that there is no sewer service, but this service can be expanded from the Wood River area. utes 3ular Council Meeting December 7, 1983 Page 23 City Secretary Read polled the Council for their vote on the ordinance effecting the change of zoning and the following ordinance was passed: 34. ORDINANCE NO. 17974 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF 1889 GROUP BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF TRACT 4, McINTYRE PORTION OUT OF THE MARIANO LOPEZ DE HERRERA GRANT, ABSTRACT NO. 606, 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, Turner, Berlanga, Guerrero, Hawkins, Kennedy, Mendez and Slavik voting "aye"; McComb "absent". * * * * * * * * * * * * * * * 35. Application #1083-8T, 1889 Group: Text Amendment to the Zoning Ordinance Amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.58 setting forth a zoning classification of "8-4" General Business District on Tract 1 being 11.97± acres and Tract 2 being 4.99± acres out of Tract 4, McIntyre Parti- tion out of the Mariano Lopez de Herrera Grant, Abstract No. 606, Tract 1, (west ) located on the southwest corner of F.M. 624 and E. Riverview Dr. and Tract 2 (east) located south of F.M. 624 and west of F.M. 1889. Mr. Utter stated that in response to the twelve notices of the public hearing, four in favor and one in opposition had been returned and one in favor and two in opposition had been returned from areas outside the city limits. He stated that the Planning Commission and Planning Staff recommend approval of "B-4" zoning on the east portion of the property only and denial on the west portion. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the vicinity, and stated that the recommendation of approval is for Tract 2 because it will adjoin another "B-4" zoned property at a major intersection. He explained that the staff recommends denial of the Tract 1 request because they feel that it should be delayed until a determination has been made as to how much business zoning is necessary in the area. Mayor Pro Tem Turner inquired if that was the proper responsibility of the staff to determine whether or not business zoning is needed or if it is the responsibility to determine proper zoning. Mr. Wenger stated that he did not feel that this is the time to make the decision, because this is outside the city limits and this is a prezoning request. Speaking on behalf of the 1889 Group was Mr. Dan Winship, 8930 Agnes Street. He explained that there are five partners who want to develop this tract of 164 acres and they propose commercial development of the property on which access can be provided to F.M. 624. He stated that this is an extension utes gular Council Meeting December 7, 1983 Page 24 of the property just approved for change of zoning and they feel that because of the traffic and noise on Highway 624, this would be appropriate zoning. He stated that they plan to have this property annexed contractually and informed the Council that there is good drainage and water available, that they plan two 60' wide streets to provide access to the rear of the property, and urged approval of the request. Council Member Slavik inquired about the reason for the letters of opposition. Mr. Utter read the letters and stated that they express concern about excessive business zoning and the bad traffic situation. He stated that the Wood River Community Organization are concerned about the zoning because they have no development plan and they question the availability of drainage and water on the site. He verified the fact that they do not have a development plan. Council Member Mendez expressed the opinion that both tracts should be zoned as requested in order to provide for future planning. He pointed out that there is a lot of other business development along 624 and he felt that it would be a major arterial street in the future. Mr. Albert Lichtenstein, 333 Cape Hatteras, stated that he is one of the partners in The 1889 Group. He noted that the letters of opposition pointed to the residential concern of heavy traffic and he felt that any residences would have that concern if they are built on this tract of land. He informed the Council that Mr. W. L. Bates, realtor, has had signs displayed on that property for several months and they have received many inquiries about leasing or purchasing property for small businesses. Mr. Jim Ross stated that he owns property within 200' of the area. He expressed concern about the traffic problem in that the four lane street ends and a two lane street evolves. He stated that it is definitely a traffic problem. Mayor Pro Tem Turner inquired if there is any kind of traffic light there, and Mr. Utter stated that this would have to be discussed with the State, but they would be glad to work with them on that problem. Council Member Mendez expressed the opinion that eventually as this area develops further, the State will consider widening that street. No one else spoke in regard to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez and passed unanimously. A motion was made by Mayor Pro Tem Turner that the requested zoning of "B-4" be approved for both tracts, seconded by Council Member Mendez and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy and Mendez voting aye; Hawkins and Slavik voting no; McComb absent at the time the vote was taken. Utes jular Council Meeting December 7, 1983 Page 25 City Secretary Read stated that the ordinance before the Council is different from that zoning which was approved and informed the Council that the ordinance effecting this change of zoning will be on the agenda in the future. * * * * * * * * * * * * * * 36. Application #1083-4, Mr. Elario Belmontes: for a change of zoning from "R -1B" One -Family Dwelling District to "B-1" Neighborhood Business District on Lot 16, Block 2, Chula Vista Subdivision, located on the southwest corner of Shaw Street and Horne Road. Mr. Utter informed the Council that both the Planning Commission and Planning Staff recommend denial. He stated that in response to the notices of the public hearing, two in favor and none in opposition were returned. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the vicinity and stated that the owner plans the establishment of a floral shop at this location. Speaking on behalf of the applicant was Mr. Vaughn Westheimer, 2590 Morgan. He explained that Mr. Belmontes proposes to use the structure on the land as a flower shop; he has been in that type of business at another location but he does not own the building in which the shop is located at this time; and he would like to establish a florist shop on this property, which is next door to his residence. He described other commercial uses in the vicinity and stated that the nature of this business does not generate a lot of traffic or parking in front of the proposed shop. Council Member Berlanga pointed out that Mr. Belmontes has been attempting to have this property zoned for a flower shop for some time. He stated that he felt that this is a neighborhood type of business and a special permit might be considered. Council Member Slavik stated that she will vote against this change of zoning because it was previously heard on September 14, 1983 and the Planning Commission still recommends denial. Council Member Guerrero pointed out that the Council needs to realize that Spanish neighborhoods expect to have flower shops located in residential areas and they often do not consider it to be an intrusion but an asset. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez and passed unanimously. Mayor Jones expressed the opinion that this is a residential area that will be changed if this zoning is approved. A motion was made by Council Member Berlanga that the requested zoning of "B-1" be granted for Application No. 1083-4, seconded by Council Member Guerrero. utes 4u1ar Council Meeting December 7, 1983 Page 26 Council Member Kennedy inquired about the type of parking that would be required, and Mr. Wenger stated that one space is required for every 200 square feet of floor area in the shop and he estimated that five parking spaces would be required. Council Members Hawkins and Kennedy stated that they could not support "B-1" zoning at this location. Council Member Berlanga then withdrew his motion to approve the requested zoning and made a motion that in lieu thereof that a special permit for a floral shop be approved, seconded by Council Member Guerrero and passed by the following vote: Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting "aye"; Jones voting "no". * * * * * * * * * * * * * * * Mayor Jones called for consideration of the following tabled zoning case: 37. TABLED: Mr. Albert Perez for a change of zoning from "R -1B" One family Dwelling District to "A-1" Apartment House District on Lot 3, Block 12, Molina Subdivision Unit 2, located on the east side of Angela Drive, approximately 200 feet north of West Point Road. This application was tabled on November 16, 1983 at the request of the applicant. The Planning Commission recommends denial. The 20% rule is in effect. Mr. Utter informed the Council that in response to 31 notices of the public hearing, six in opposition and two in favor had been returned. He informed the Council that both the Planning Commission and Planning Staff recommend denial and pointed out that the 20% rule is in effect. He reminded the Council that this zoning application was tabled on November 16, 1983 at the request of the applicant who had just employed an attorney to represent him. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding areas and pointed out the single family homes that are located in all directions. He also showed slides of the vicinity and stated that the Planning Commission and Planning Staff are opposed to this change of zoning because it would have a detrimental effect on the single family nature of the neighborhood; additional traffic would be generated; this street was improved with Community Development Funds; and the staff had applications to down -zone property to decrease assessments. Council Member Berlanga stated that he had noted more than one house on some of those lots and he felt that a nice apartment complex would be an addition to the neighborhood. He also pointed out that there is a need for low income residences. Speaking on behalf of Mr. Perez was Mr. Bob Thorpe, 3373 Naples. He pointed out that this is a fairly large lot; down the street on Angela a special permit was granted for multi -family dwellings and those houses are being used by the Housing Authority. He explained that the units Mr. Belmontes plans to build will also be used for low income housing and that is the reason he lutes gular Council Meeting December 7, 1983 Page 27 wants apartment zoning, not business zoning. He noted that in view of the fact that there are several small houses on individual lots in this neighborhood, the apartments would not have an adverse effect on the area. He stated that Mr. Perez would accept a special permit for the construction of 4 to 6 units. He stated also that "R-2" zoning would be acceptable because 4 to 5 units could be constructed in that zoning. No one spoke in opposition to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. A motion was made by Council Member Guerrero that "R-2" zoning be approved, seconded by Council Member Berlanga. Mr. Berlanga pointed out that in view of the need for low income rental units, he felt that this should be allowed. Council Member Hawkins indicated that he had a problem with this because it is in a mixed neighborhood. Mayor Pro Tem Turner pointed out that there is a definite need for low income housing and inquired if the opposition to the request was against the "A-1" zoning, and Mr. Wenger replied that there was opposition to "A-1" zoning. Mayor Pro Tem Turner offered an amendment to the motion to limit the number of units to 4. Mr. Thorpe indicated that they would accept that limitation. The amendment to the motion was accepted by Council Member Guerrero and it passed by the following vote: Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb, Mendez and Slavik voting "aye"; Jones voting "no". * * * * * * * * * * * * * * A motion was made by Mayor Pro Tem Turner that the Regular Council Meeting be recessed at 7:08 p.m. in order to convene the meeting of the Corpus Christi Housing Finance Corporation. The motion was seconded by Council Member Slavik and passed unanimously. * * * * * * * * * * * * * * * Mayor Jones reconvened the Regular Council Meeting at 7:21 p.m. Council Member Hawkins requested a report from the staff on Metro Ministries and the location of their facility called Loaves & Fishes. City Manager Martin explained that Mr. Charles Smith and Mr. Fred Williams of the Human Relations Department had been working with the Metro Ministries utes gular Council Meeting December 7, 1983 Page 28 organization and their efforts will continue. He stated that the staff is of the opinion that the program should continue at a site that would not disturb other property owners. Mayor Pro Tem Turner suggested the consideration of the use of closed schools or churches to feed the needy. Mayor Jones stated that one of the representatives of the Department of Agriculture informed him that the location must be within walking distance of Texas Employment Commission in order that they may encourage the recipients to seek employment. Council Member Berlanga noted that there is a gentlemen present in the audience who wants to present a claim. He stated that he had heard from the man a story that was very disturbing and if the Council feels that the gentleman's complaint is legitimate, there should be an investigation conducted by someone from outside the City. Mr. Ruben Lara addressed the Council and stated that he has a five year contract with the City for the bait stand on the T -Head. He asked his son to read his statement in regard to events that had occurred at the Marina in connection with his bait stand. Mr. Lara's son then read the statement, copy of which is on file in the office of the City Secretary, in which he alleged that he had been harassed and forced to do things against his will, sign papers that he did not concur with and discriminated against by Mr. Terry Dopson, Director of Park & Recreation and Mr. Bob Bruner, Marina Superintendent. In the statement Mr. Lara stated that he had a five year lease for the operation of the bait stand. He then related several incidents that had occurred which he felt were efforts to keep him from operating the bait stand. In his statement he expressed the opinion that a Captain Snell was a personal friend of Mr. Dopson's and he evidently wanted the old bait stand so that Captain Snell could charter boats and operate a concession stand. He pointed out that when he was awarded the contract for the new bait stand, two large boat stalls were a part of the lease. He stated that Mr. Bruner had approached him and informed him that they needed a large stall for a big boat that belonged to Captain Snell. Mr. Lara's son continued his statement and at one point stated that Mr. Lara had been told that his lease would no longer be in effect because he was delinquent in his payments to the City. He stated that he had gone to the Collections Section where his payments are made and obtained a receipt showing that his payments were current through December 10, 1983. He also mentioned the fact that he was informed that if he did not stay open 24 hours a day he would in effect be breaking his lease and he would lose the bait stand. Mr. Lara concluded his statements by saying that he had been harassed, forced to do things against his will, sign papers that he did not agree to and in general, was discriminated against. He made the allegation that these events occurred due to the fact that Captain Snell wished to take over the bait stand. Mayor Jones stated that this should be referred to the City Manager in order to provide him an opportunity to answer the charges. He stated that if the questions were not answered satisfactorily, then it should be referred to an outside agent. rotes gular Council Meeting December 7, 1983 Page 29 Council Member Berlanga expressed the opinion that Mr. Lara is being harassed and treated unfairly and he did not think that the City should allow such practices. Council Member Guerrero stated that he would like the opportunity to hear an explanation from Mr. Dopson and from Mr. Bruner and then from the City Manager. A motion was made by Mayor Pro Tem Turner that this matter be referred to the City Manager for a report. The motion was seconded by Council Member Kennedy. Council Member Mendez urged that the City Manager be instructed to thoroughly investigate these allegations and if the events actually occurred, then some action should be taken. Council Member Hawkins concurred stating that if this problem exists, something should be done about it, but it should be investigated by the City Manager first. City Manager Martin stated that this is the first he has heard of the events and he did need some time to investigate. The motion to refer the matter to the City Manager passed unanimously. Mr. Jack Davis spoke in regard to the Kiwanis Recreation Building on the beach. He stated that they had received a letter from Mr. Terry Dopson to the effect that they would have to start paying $50 for meetings which are conducted at the Kiwanis Recreation Building. He stated that he had paid $50 for rental of the facility the last time their group met. He pointed out that they have never had to pay rent before and he asked that that policy be examined. He pointed out that his group only meets 12 times a year for about 2 hours each time. City Manager Martin stated that he understood that there was a charge for renting the Recreation Building but he would investigate this matter also. There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Berlanga and passed unanimously, the Regular Council Meeting was adjourned at 7:46 p.m., December 7, 1983. DZ/tb