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HomeMy WebLinkAboutMinutes City Council - 09/04/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 4, 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. Brice 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 Dr. Loren M. White of Second Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Frank Mendez. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones called for consideration of the Minutes of the Regular Council Meetings of August 21, 1984 and August 28, 1984. Council Member Frank Mendez stated that the copy of the Minutes of August 28th sent to him was incomplete in regard to the zoning application listed as item 35. Council Member Mary Pat Slavik referred to page 18 of the August 28th Minutes and stated that the vote indicated that an item had been approved unanimously. She stated that she was out of the Council Chamber at the time the vote was taken and asked that the minutes reflect this. MICROFILMED utes ,gular Council Meeting September 4, 1984 Page 2 A motion was made by Mayor Pro Tem Turner that the Minutes of the Regular Council Meetings of August 21st be approved and those of August 28th be approved as corrected. The motion was seconded by Council Member Slavik and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, absent at the time the vote was taken. Mayor Jones then administered the oath to Mrs. Betty Jean Longoria who had recently been appointed to the Human Relations Commission. Mayor Jones then called for consideration of Board and Committee Appointments and reviewed those discussed during the morning Workshop Meeting, noting that Mrs. June Wilkerson had declined to serve as an ex -officio member of the Park and Recreation Board. A motion was made by Council Member Mendez that the following appointments be confirmed, seconded by Council Member Slavik and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, absent at the time the vote was taken. a. Water Allocation & Review Committee: Mrs. Eleanor Goldston (homemaker) Mrs. Janie Palacios (alternate) b. Park & Recreation Board: Term: Al F. Parrish, Jr. (Reappointment) Mrs. Gloria Swantner (Reappointment) Mr. George Manning (Reappointment) Mr. Charles Blum (Reappointment) Mr. Vic Menard Mr. Guy Watts 8-23-86 8-23-86 8-23-86 8-23-86 8-23-86 8-23-85 Mayor Jones called for consideration of the Consent Motions on the following items: 1. Approving a twelve months supply additional twelve months, at the approval of the supplier and the lubricated plug valves, based on agreement, with option to extend for an same terms and conditions, subject to the City Manager, or his designee, for low bid meeting specifications. Prices have increased approximately 3% since the previous bid of June, 1983. Six bid invitations were issued and five bids were received. rotes :gular Council Meeting September 4, 1984 Page 3 WALLACE COMPANY, CORPUS CHRISTI, TEXAS: $24,656.81 Terms: Net 30, FOB Destination NW SUPPLY COMPANY, CORPUS CHRISTI, TEXAS: $22,411.09 Terms: Net, FOB Destination GRAND TOTAL: $47,067.90 2. Authorizing the receipt of bids for wells drilling services on September 20, 1984. Mayor Jones asked for an explanation of item 2, and City Manager Martin stated that a designation will be made of the general area that the City is considering; the depth cannot be determined; and the specifications ask for wells of different depths. He explained that the plan is to drill wells in the area of Lake Corpus Christi. 3. Authorizing the receipt of bids on September 26, 1984 for two (2) perforated dragline buckets, complete with all components to make them operating units for the Street Division. The buckets are included in the 1984-85 Capital Outlay Budget. Estimated expenditure is $6,685. 4. Authorizing the receipt of bids on October 2, 1984, for the new City Hall Site Demolition project. This project provides for the removal of essentially all buildings in the four block City Hall site including the removal of fences, retaining walls, some underground foundation work, and surface parking areas. Mayor Jones referred to item 4 which is the City Hall Site Demolition Project and requested that no steel reinforcing rods be allowed to protrude at any disposal site. 5. Authorizing the City Manager to submit an application to the Federal Aviation Administration for an Airport Improvement Grant in the amount of $160,000 and execute related documents for the purchase of a crash/fire rescue vehicle. The grant is from federal fiscal year 1983-84 entitlement funds. 6. Approving and authorizing the submission of a DWI Selective Traffic Enforcement grant to the Texas State Department of Highways and Public Transportation. The focus of the grant will be to increase the efficiency of the detection and apprehension of DWI offenders. The grant period will be October 1, 1984 through September 30, 1985 with the City cost $13,210. nutes :gular Council Meeting September 4, 1984 Page 4 7. Approving renewal of the annual contract with the Museum of Oriental Cultures for the purchase of professional services during 1984-85. The contract would provide $13,700 for utility and routine maintenance costs and for certain fire protection, electrical, and security improvements. Museum of Oriental Cultures would agree to be open six days per week, provide education instruction, perform support for sister city functions, and assist in industrial development and tourist promotion. 8.* Accepting the Miscellaneous Parking Lot Improvement project and authorizing final payment of $9,489.48 to Hannes Construction Co., Inc. It is further recommended that the contractor be granted a 7 day time extension due to delays which were caused by laboratory testing problems. This project consisted of the reworking and resurfacing of parking lots in Greenwood, Lakeview and West Guth Parks and also the Gas Division equipment yard. Total work done on this project, which is funded by Park Bond Funds and the Gas Division Operating Budget, is $102,094.75. Mayor Jones called for comments from the audience on items 1 through 7, item 8 having been withdrawn. Mr. Clyde Nichols, 5818 Meandering Lane, stated that he is employed by RACO Industrial Products as an independent salesman. He referred to item 1 and stated that he has an objection to the recommendation of the award to NW Supply Company and Wallace Company in relation to the portion of the bid for lubricated plug valves. He stated that his company's bid on this product was $37,735.71 which represents a $9,000 reduction from the bid of the companies mentioned. He stated that the reason the City Staff did not recommend bid award to his company was because they preferred that the valves be the tapered plug valves and his company bid on cylindrical plug valves. He expressed the opinion that the cylindrical valves are equally as good as the tapered plug valves. He explained that he had discussed this with Mr. F. D. Glenn, the Purchasing Agent, and offered to give the City a cylindrical test valve in order to see if it operates as well as the tapered valves but this was not done. He expressed the opinion that the City could save a great deal of money if they would award the bid to his company and stated that he did not know whether the test was made or not but this type of valve has been in use in other cities for many years and his company is willing to pay for a professional engineer to evaluate the function of the valves RACO produces as opposed to the one included in the specifications. City Manager Martin explained to the Council that the Staff had provided information in their packets and also checked with several cities including San Antonio, towns in the Rio Grande Valley, Houston, etc., and none of them used cylindrical valves. He stated that the Staff is of the opinion that it is necessary to use the valve available and the Staff feels that the tapered valve is the best available. * This item was withdrawn by the City Manager. lutes .sgular Council Meeting September 4, 1964 Page 5 Mr. Victor Medina, Superintendent of the Gas Division, displayed a tapered valve that is in use in the City at this time and explained that the valves become plugged occasionally and the tapered valves can be unscrewed and greased to correct the problem whereas the cylindrical valves have to be taken out of place to be repaired. He explained that this had happened a number of years ago and at that time, the manufacturer paid for new valves but they did not pay for the labor cost involved in changing the plugs. Mayor Pro Tem Turner inquired if specifying tapered valves in the specifications. Eliminated competitive bidders, and Mr. Medina assured her that they did not because all of the bids except two listed tapered valves. Council Member McComb referred to the memorandum prepared by Mr. Medina in which he had explained the problem that had occurred when the cylindrical valves were used in 1966. He stated that he did not feel that this was a good basis for a decision not to ever use the cylindrical valves again because he felt sure that improvements had been made since that time. He stated that if Mr. Nichols could offer some savings, then he felt that the Council should consider the cylindrical valves. Mr. Nichols explained that the valves that he sells allow the plugs to be greased without opening the valves because they have slots on the side to allow for lubrication of the plug and it was no longer necessary to remove the plug completely. Mr. Al Sayer, representative of the Walworth Company, stated that several manufacturers have the tapered valves, one of which is Rockwell and Walworth Company. He agreed with Mr. McComb that changes had been made in the past sixteen years but he felt that the tapered plug is a superior design and product and he was of the opinion that purchase of the tapered valve will save the taxpayers' money in the long run. Council Member Berlanga inquired as to how much labor was involved in 1966 when all of the plug valves had to be removed, and a Staff Member in the audience stated that the labor cost to do this would be several thousand dollars. Mr. Paul Tillman, 4545 Hogan Street, representing Rockwell International, explained that there is a resilience on the tapered valves and it is not necessary to loosen the screws any longer. He explained the procedure for lubricating without loosening the screws. A representative of the Wallace Company addressed the Council and spoke in favor of the Staff recommendation. nut es .agular Council Meeting September 4, 1984 Page 6 9. Authorizing reimbursement to Central Power & Light Company, in the amount of $7,000 for the moving of 840 feet of primary overhead and underground feed cable and relocating transformers in the Gabriel Terrace Drainage Channel. The relocation work was performed in conjunction with the Minor Storm Sewer Improvements, Phase I project. Central Power & Light Company had a prior easement right within the drainage easement; therefore, reimbursement for relocation of facilities is recommended. 10. Authorizing a revocable easement be granted to Intracoastal Marina, Inc. allowing the encroachment of an existing bulkhead and concrete parking areas into the Laguna Shores Road right-of-way as part of a marina development, and providing for a fee of $3,300 for the easement grant. 11. Authorizing a public hearing to be held on September 24, 1984 by the Director of Planning in the Council Chambers, City Hall, 8:30 a.m., and a second public hearing be held on September 25, 1984 by the City Council on the contractual annexation of a 468.11 acre tract of land comprising portions. of Lots 20-23, 26-32, all of Lots 24 and 25, Section 10, portions of Lots 1, 4-7, 16-20, all of Lots 2, 3, 8 through 15, fractional Section 9, a portion of Lot 1, fractional Section 8, Flour Bluff Encinal Farm and Garden Tracts, owned by Corpus Christi Land -Venture Associates, generally located between Yorktown Boulevard and the Oso Creek and South Staples Street and Cimarron Boulevard. There were no further comments on the Consent Motions. A motion was made by Mayor Pro Tem Turner that items 1 through 11, with the exception of item 8 which had been withdrawn, be approved, seconded by Council Member Mendez; and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, absent at the time the vote was taken. * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 12 through 16. There were no comments from the Council or members of the audience on these ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 12. SECOND READING: AMENDING SECTIONS 53-252, SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, OF THE CODE OF ORDINANCES BY ADDING DIFFERENT STREET SECTIONS TO THE SCHEDULES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. nutes .gular Council Meeting September 4, 1984 Page 7 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, absent at the time the vote was taken. 13. SECOND READING: AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH MIKE F. HELTZEL AND CARROLL A. HELTZEL FOR THE CLEM'S MARINA BAITSTAND ON THE KENNEDY CAUSEWAY WHICH DELETES THE REQUIREMENT FOR PROVISION OF BOAT REFUELING FACILITIES PRIOR TO SEPTEMBER 1, 1984. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, absent at the time the vote was taken. 14. SECOND READING: AMENDING SECTION V.B.5.(1) OF THE PLATTING ORDINANCE PERTAINING TO EXEMPTIONS FOR LOT/ACREAGE FEES BEING DEPOSITED IN THE SANITARY SEWER TRUST FUND; AMENDING SECTION V.B.6.(i) OF THE PLATTING ORDINANCE PERTAINING TO EXEMPTIONS FOR LOT/ACREAGE FEES BEING DEPOSITED IN THE WATER TRUST FUND. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, absent at the time the vote was taken. 15. THIRD READING - ORDINANCE NO. 18445: AUTHORIZING THE EXECUTION OF A FIVE YEAR LEASE AGREEMENT WITH CENTRAL PARK LITTLE LEAGUE FOR A 4.10 ACRE TRACT OF LAND IN PRICE PARK FOR CONDUCTING A LITTLE LEAGUE PROGRAM. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, absent at the time the vote was taken. 16. THIRD READING - ORDINANCE NO. 18446: ANNEXING BRIGHTON VILLAGE UNIT 3 AND BRIGHTON VILLAGE UNIT 4 AND APPROXIMATELY 9 ACRES OF LAND OWNED BY TIM CLOWER, R. C. ALLEN, WES LEDFORD AND DIANA CHEEK, TOMMY THOMPSON, ALFRED EDGE, GARY BURSHELL AND DIOCESE OF CORPUS CHRISTI. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, absent at the time the vote was taken. * * * * * * * * ates _ _gular Council Meeting September 4, 1984 Page 8 Mayor Jones called for consideration of the following motion from the Regular Agenda. 17. Accepting the report, "Structural Review, Analysis and Recommendations of the Roof of the Exposition Hall", by Total Design Four, Inc. and authorizing the staff to prepare plans and specifications for the demolition of the building's superstructure. City Manager Martin explained that the architects preparing the study on Exposition Hall had recommended expediency on the demolition work and the Staff feels that the specifications could be prepared by the City's Engineering Department. Mayor Jones pointed out that to reconstruct the building to its original specifications would cost over $1 million, according to the memorandum. He noted that the building contains approximately 30,000 square feet, and even taking the high estimate, he inquired as to the cost per square foot for construction. City Manager Martin replied that it would be $40 a square foot and a new building usually costs between $75 to $80 per square foot. Council Member Slavik stated that she agrees with the Staff recommendation because she is very concerned that the building is still in existence when it is obviously quite dangerous. She inquired about the restrooms which serve the Coliseum, and Mr. Hennings explained that the estimate of between $300,000 and $509,000 includes renovating the restrooms and electrical service equipment to serve Memorial Coliseum. Council Member Slavik inquired if the slab would be usable for other activities, and City Manager Martin replied that that depends on the damage that is incurred by the demolition process. He expressed the opinion that a better action would be to pour a new slab if that is needed. City Manager Martin stated that he did not believe that the City had any choice but to demolish the building since the architects' recommendation is that this should be done as soon as possible unless rehabilitation of the building is accomplished. He stated that the Staff would prefer to leave the building as it is until decisions could be made about the next bond issue, but when the study made by the architects urges immediate action, he does not think the City has any alternative. Council Member Guerrero stated that he is speaking on behalf of the Friends of Exposition Hall. He referred to the estimate to reconstruct Exposition Hall to original specifications for less than $1.5 million and inquired if anyone had indicated an interest in a public/private venture, and City Manager Martin stated that they have not heard of any. nutes c2gular Council Meeting September 4, 1984 Page 9 Council Member Guerrero pointed out that if the building is demolished, a vacant lot will exist because the City has no funds for rehabilitation or reconstruction. Mayor Jones expressed the opinion that many events conducted in Exposition Hall could be accommodated at the Convention Center but Mr. Hennings pointed out that the rent is quite a bit higher at the Convention Center. Council Member Guerrero continued by stating that there are many events that cannot be conducted anywhere else and the City does not have the approximate $1.5 million for reconstruction. He suggested that the City advertise for a package deal for a private/public venture. He pointed out that Assistant City Manager Tom Utter might be able to work something out to have a facility of the same type. Council Member Berlanga expressed the opinion that architects make mistakes just as everyone else does. He referred to the alleged condition of the Old Nueces County Courthouse which was reported to be in an unsafe condition, yet it is still standing and still partially in use. He pointed out that the Exposition Hall definitely compliments the Coliseum, particularly for large events. He stated that he was of the opinion that the City should consider receiving bids on a new roof, reinforcement of the walls and general rehabilitation to see if a better estimate can be obtained than that established by the architects. He suggested that it might be possible to receive lower bids and possibly find some way to pay for it through charges for its use and if the rehabilitation can be accomplished for less than $1 million, the Council should attempt it. Mayor Jones pointed out that the reconstruction was estimated to be between $1.2 million and $1.3 million. City Manager Martin explained that it would be necessary to employ the architect to design the specifications for rehabilitation. He stated that he had made the assumption that the architects had received costs from various firms in order to provide an estimate. Further discussion followed and a motion was made by Council Member Berlanga that this item be tabled for at least one week in order to seek a lower estimate. The motion was seconded by Council Member Mendez and passed by the following vote: Berlanga, Brown, Mendez and Slavik voting, "Aye"; Turner and McComb voting, "No"; Jones, no vote, Guerrero and Kennedy, absent at the time the vote was taken. Mayor Pro Tem Turner expressed concern that continued existence of the building might create injuries and she questioned returning to the original specifications for the building since a larger one might be in order at this time. She pointed oiit that this would be a major item on a bond issue. Mrs. notes egular Council Meeting September 4, 1984 Page 10 Turner then inquired about the situation that has resulted in closing Exposition Hall and if the City had been able to take care of the events usually scheduled in that facility. Council Member Berlanga stated that his primary concern is that the plan is to demolish a building that possibly could be salvaged. Council Member McComb noted that the item had been tabled and possibly discussion should be discontinued until after next week. Council Member Slavik inquired if it would be possible to ask Mr. Jim Boggs of Total Design Four to discuss this with the Council, and City Manager Martin indicated that that would not be a problem. Council Member Mendez stated that he would also like to have Mr. Hennings make a report on the functions that were moved to Bayfront Plaza; how much money those events have generated for the City; and how much money has been lost from events that cannot be held in Exposition Hall. * * * * * * * * Mayor Jones called for Action by Ordinance from the Regular Agenda. City Manager Martin referred to Ordinance No. 18 appropriating $64,000 from the Convention Center Bond Fund and approving an agreement with Wisznia & Peterson Architects regarding a water garden and parking facility in the Bayfront Science Park, noting that the water used would be salt water from Corpus Christi Bay. He explained that this was authorized by the City Council over a year ago, at which time they directed that the City Staff devise a plan to implement a parking facility/water garden at the Convention Center. He pointed out that this City Council had authorized a cost sharing agreement between the City and a non-profit organization and the Staff was directed to implement it; several committees have met and discussed the matter; and they recommend that a design for the salt water garden/parking facility be obtained at this time and this is the recommendation to proceed with the contract with Wisznia & Peterson. There were no comments from the audience on this ordinance; City Secretary Read polled the Council for their votes; and the following ordinance was passed: 18. ORDINANCE NO. 18447: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WISZNIA AND PETERSON ARCHITECTS REGARDING A WATER GARDEN AND PARKING FACILITY IN THE BAYFRONT SCIENCE PARK; APPROPRIATING $64,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, absent at the time the vote was taken. utes ,gular Council Meeting September 4, 1984 Page 11 * * City Manager Martin then referred to items 19 and 20 amending the 1984-85 budget and amending the ordinance adopting the tax rate for 1984-85. He referred to a list of items and adjustments that had been discussed during the morning Workshop Meeting regarding general sharing and funds that can be eliminated from the budget. He also pointed out that the Staff is recommending a decrease in the tax rate from .568 to .565. Reference was made by the Mayor to the Council's travel budget and inquired if $4,000 was eliminated if ample funds would still be available. City Secretary Read stated that this figure was based on all Council Members attending meetings and whether or not this would be enough depends on how many of the Council Members attend various meetings. Mayor Jones expressed the opinion that the appearances by Council Members at meetings, and particularly the legislative meetings, is very important. Mayor Pro Tem Turner stated that she will vote against this because she felt that all of the money should remain in the Water Fund. A motion was made by Council Member Mendez to approve the revised budget as amended by the items listed on the exhibit; seconded by Council Member Brown. Mayor Jones called for comments from the audience. Mr. David Saenz stated that he believes that since the vote by the citizens was to leave the funds in the Utility Department, he wanted to ask the Council to vote against this ordinance. He expressed the opinion that the intent of the election was to keep the money in the Utilities Department and the voters should be listened. He stated that he was speaking in regard to the wastewater debt service for which funds are being taken from the Utilities funds. He stated that he did not necessarily want a lower utility bill but he would like to have better service and replacement of utility lines. He stated that he agreed with Mayor Pro Tem Turner that the money should be left in the Utilities Fund. Council Member Guerrero stated that the point that he made during the morning Workshop Meeting was the fact that the election did not result in lower utility bills. He stated that in his opinion, the people who prepared the petition presented the citizens with that kind of information but they knew when the petition was prepared that the utility bills would not be decreased as a result of this election. Council Member McComb pointed out to Mr. Saenz that the wording in the amendment that was approved by the voters addresses the exception of "debt service" and approval of this ordinance will use the funds to pay the debt service for wastewater. lutes _gular Council Meeting September 4, 1984 Page 12 Mr. J. E. O'Brien, 4130 Pompano, representing the Corpus Christi Taxpayers Association, stated that they were very happy that morning that this City Council did not follow the recommendation of the City Manager in regard to the additional firemen and he understood the changes that were going to be made were that the debt service expense in the General Fund would be reduced by $1.7 million. He stated that with that kind of reduction, there should be a reduction of at least 3t in the ad valorem tax rate. He stated that he would like to have a copy of that recalculation when it is available. Council Member Guerrero inquired of Mr. O'Brien if he had any quarrel with the transfer of funds as proposed to reduce the wastewater debt. Mr. O'Brien stated that they prepared the amendment to reduce the water rates but agreed that they have no problem with using those funds for debt service. He pointed out that they specifically stated that the funds could be used for debt service but the problem that exists is whether it is still legal to transfer the in lieu of funds and if the Council agrees that it is legal, then he would concur with that. City Manager Martin then referred to the amendment to the ordinance adopting the tax rate for 1984-85 and explained that this proposed amendment would set the rate at 56.5Q per $100 valuation rather than 56.80 and it would allocate that increase between the debt service and the General Fund. He explained that those funds were previously used for Wastewater Debt Service and the Marina Debt Service and Wastewater Debt Service will not be paid from the General Fund then the Property Tax Utility Service Funds can go to the debt service for Wastewater. He referred to Mr. O'Brien's request for the recalculation and stated that there is really nothing to give him a copy of. * Council Member Charles Kennedy arrived at the meeting at 3:26 P.M. Council Member Mendez referred to the issue on the effective tax rate and asked that if the taxpayers are going to bring something forward, he would prefer that they do so now or as soon as possible. There were no further comments on the two ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 19. ORDINANCE NO. 18448: AMENDING THE 1984-85 BUDGET BY ADJUSTING VARIOUS ESTIMATED REVENUES AND EXPENDITURES IN VARIOUS FUNDS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner, "No". -lutes :gular Council Meeting September 4, 1984 Page 13 20. ORDINANCE NO. 18449: PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE YEAR 1984 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEARS AS THE SAME MAY BE APPLICABLE; PROVIDING A SAVINGS CLAUSE; 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 expressed appreciation to the Staff for their efforts to revise the budget. * * * * * * * * Mayor Jones called for the public hearing on the following annexation: 21. Annexation of a 3.18 acres out of a portion of Lot 22, Section 5, Flour Bluff and Encinal Farm and Garden Tracts, generally located on the south side of Timbergate Drive, west of the intersection with Heaven's Gate Drive. Mr. Larry Wenger, Director of Planning, located the area on the map and stated that it is a small tract that was omitted when all of the surrounding area was annexed; it is a small subdivision that was left out of the larger annexation; and since this subdivision is completely surrounded by other areas of the City, the City Staff recommends that the annexation be approved. No one spoke in regard to this annexation. A motion was made by Council Member Guerrero that the hearing be closed, seconded by Council Member Mendez and passed unanimously. City Secretary Read polled the Council for their vote on the first reading of the ordinance authorizing the execution of the annexation contract and it passed as follows: 21. FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND INTEREST DIVERSIFICATION GROUP, INC. FOR THE ANNEXATION OF APPROXIMATELY 3.18 ACRES OF LAND OUT OF LOT 22, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS, BEING PLATTED AS POLO ESTATES; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. nutes .gular Council Meeting September 4, 1984 Page 14 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". Mayor Jones announced the public hearings on four zoning applications: 22. Application No. 784-16T, E. H. Moore Homes, Inc., J. R. Builders, Inc., and Mr. John Tucker: for a proposed change to the text of the City Zoning Ordinance #6106, Amending Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.72 setting forth a classification of "B-4" General Business District on a described tract of land when annexed to the City of Corpus Christi, Texas, being 22.86± acres out of the southwest two-thirds of Lots 23 and 24, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, located west of S. Staples Street and south of Yorktown Boulevard. Assistant City Manager Tom Utter explained that this is a prezoning application prior to annexation and stated that there was no response to the five notices of the public hearing that were mailed. He informed the City Council that the Planning Commission recommends approval of the entire tract but the Planning Staff recommends approval of "B-4" zoning on the north one-half of the property and denial of "B-4" on the southern half and in lieu thereof that a more reasonable transition zoning of "AB" be granted adjacent to an area projected to be residential in nature. Mr. Larry Wenger, Director of Planning, explained that most of the property adjacent to this is still outside the City limits. He then located the area on the zoning and land use map, described the land use, which is primarily agricultural, in the surrounding area and showed slides of the area. He noted that it is near Buckingham Estates; therefore, the Staff feels that the southern portion of the tract should be denied and "AB" zoning be approved to provide transitional zoning since the area further to the south will probably be developed with "R -1B" zoning. Council Member Berlanga inquired if since the City does not know what will be used in that area if it is normal to approve zoning before property is annexed. Mr. Wenger explained that this is the usual procedure and pointed out areas that are already zoned "R -1B" and an area to the west which is zoned "PUD". He explained that basically the City Staff knows what will happen in the area and unless the zoning is changed on this tract of land, it will be annexed as "R -1B". Mayor Pro Tem Turner expressed the opinion that this points up the need to prepare some long range tentative zoning of areas outside the City limits in heavy growth areas. lutes .gular Council Meeting September 4, 1984 Page 15 Mr. Wenger stated that "B-4" is recommended by the City Staff at major intersections but most of the area is planned for uses other than commercial. Mayor Pro Tem Turner stated that she would like to have this subject discussed in order to establish correct zoning outside the City limits. Mr. Utter interjected that the Staff is recommending this today for that reason, to establish good zoning. He reiterated that the Staff is of the opinion that "B-4" zoning is good at the major intersections. Mayor Jones invited the applicant to speak at this time. Mr. Edgar Moore, 3833 Apollo, stated that they are requesting prezoning; Stony Brooks Subdivision is in the back part of the area; they feel that this is a good zoning plan because it is at an arterial intersection; and he believes that questions can be answered through a presentation by Mr. Bob Shattuck, his firm's planner. Mr. Bob Shattuck, Land Planner for the applicants, expressed the opinion that the request represents logical zoning at one of the most promising intersections in Corpus Christi. He stated that lower zoning would represent under -utilization of that intersection and he therefore questions the Staff's recommendation. Mr. Shattuck continued by stating that they are asking for twenty acres of "B-4" zoning to tie in with other land uses. He reminded the Council that Yorktown and Staples are to be six lanes, which is the greatest intersection in the City, and access to this property is excellent. He pointed out that a street has been planned in the middle of the tract for better access which improves their plan for development. He pointed out also that to the south is an intersection of a collector and arterial streets and their plan is a part of the overall plan for Stony Brooks Subdivision which has 15% park and money dedication. He assured the Council they would not want to detract from their own development by having bad zoning on this tract. He referred to the Staff's concern about establishing some type of transitional zoning and pointed out that at thirteen intersections of arterial and collector streets on Staples, they have all been designated for commercial use. He therefore questioned the reason for transitional use between commercial and multi -family zoning, stating that this is inconsistent with the usual recommendation of the Staff. He pointed out that the Staff also expressed the opinion that the proposed use extends too far down Staples Street, yet, they have recommended approval of a similar situation at FM 624 and County Road 69. Mr. Shattuck then referred to the Staff's concern that approval of this request would set a precedent along Staples Street. He displayed a map that indicated a large amount of commercial zoning along Staples and stated that any precedent the Staff is concerned about was established a long time ago. He then urged approval of "B-4" zoning for the entire tract, noting that there is no need for transitional zoning. lutes gular Council Meeting September 4, 1984 Page 16 Mayor Jones pointed out that Mr. Wenger had stated that owners south of that tract are considering residential development and inquired if the owners of that tract concur with this "B-4" zoning. Mr. Moore explained that Mr. Henry Tucker and Mr. Maurice Hunsaker-own that tract of land and he did not think that they objected to the "B-4" zoning because they plan a lot of multi -family use for their tract. Council Member Slavik inquired about the large development north of this tract, and Mr. Moore explained that at the intersection of Saratoga and Staples, a part of it will be The Explanade which was approved by the City Council a short time ago. Council Member Slavik pointed out that if you line up all of the business zoning, it will be directly across from Kings Crossing and the residents of that subdivision might object to so much commercial zoning. 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. Mayor Jones then invited Mr. Wenger to respond to Mr. Shattuck's remarks. Mr. Wenger agreed that there are a lot of areas that have "B-4" zoning adjacent to subdivisions, but there is a different property owner to the south of this tract; approval of "B-4" zoning for all of this tract will be quite a long distance from the major intersection; he is aware that the other landowners are planning some "R-2" and multi -family dwellings. He also pointed out that a lot of the "B-4" zoning already established was done so without the Staff recommendation. He reiterated that the Staff is of the opinion that the "AB" zoning would be a good transition between Stony Brooks Subdivision as well as other property. Mayor Pro Tem Turner pointed out that this is not a very large tract, and Mr. Wenger noted that more and more property was rezoned to "B-4" until there is a very large commercial tract at the intersection of Staples and Yorktown already. Mayor Pro Tem Turner presided in the temporary absence of Mayor Jones and called for consideration of the ordinance effecting the requested change of zoning. City Secretary Read polled the Council for their vote on the ordinance and it passed as follows: utes gular Council Meeting September 4, 1984 Page 17 22. ORDINANCE NO. 18450: AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 SUBSECTION, 31-5.72, SETTING FORTH ZONING CLASSIFICATION OF SAID AREA OF LAND DESCRIBED AS A PORTION OUT OF LOTS 23 AND 24, SECTION 6 FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, and Mendez voting, "Aye"; Slavik voting, "No"; Jones, absent at the time the vote was taken. * 23. Application No. 784-19, Corpus Christi Independent School District: for a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on a tract of land being 9.08± acres out of Lot 1, Oso Farm Tracts, located along the west side of Everhart Road south of Lamont Street. Mr. Utter informed the Council that in response to the thirty-seven notices of the public hearing, six in favor and four in opposition had been returned. He stated that the Planning Commission and Planning Staff recommend that the application be denied and in lieu thereof, that "AB" Professional Office District be approved to a depth of 409.41 feet off Everhart Road with the exception of a strip 110 feet deep along Lamont Street to within 198 feet of Everhart Road. Mr. Wenger located the area that is recommended for "AB" zoning. Mayor Jones returned to the meeting at 4:05 p.m. Mr. Wenger continued his explanation by stating that the recommendation for "AB" on a portion only is because this property is located across the street from other "AB" zoning and "R -1B" zoning. He then showed slides of the area and pointed out the residential houses that are located across the street from this property. He pointed out, also, that existing and proposed houses will face into what they propose to be zoned "AB" and that is the reason they recommend "R -1B" zoning be retained on a portion of this property. Mayor Pro Tem Turner stated that she had received a call from one of the neighbors who had informed her that all of the neighbors are very concerned that the residential lots recommended should retain the restrictions that have been placed on the rest of the residential property. She explained that those lots have deed restrictions to require 1,100 square feet as a minimum standard of construction. She stated that the residents of the area want to retain the character of the existing residential development. utes 3ular Council Meeting September 4, 1984 Page 18 Mr. Wenger explained that deed restrictions could not be imposed on an applicant but possibly, Corpus Christi Independent School District would agree to such deed restrictions. Mayor Jones pointed out, however, that deed restrictions have no effect on zoning, and Mr. Wenger agreed that that was true. Mr. Utter agreed that he would not recommend that deed restrictions be required because the City cannot enforce them since they are actually a covenant between property owners. He stated that "R -1B" lot sizes are already established but he was of the opinion that the land prices will dictate the price houses that will be constructed there. Representing the applicant was Mr. J. W. Gary, Attorney for Corpus Christi Independent School District. He presented several exhibits showing a comparison between the CCISD request, the plan that the Staff supports but does not prefer, the Planning Commission recommendation and CCISD modification of the plans. He questioned some of the figures by the City Staff. He explained the exhibits by stating that Exhibit B recommends lots of 110 feet in depth which is comparable to other lots in the neighborhood. He explained that the School District is suggesting that the land be divided so that there will be one cul-de-sac extending south that will provide for larger lots than that recommended by the Staff. He stated that he is suggesting that as a compromise that 100 -foot lot depths be allowed and that the other lots be 110 feet in depth. He stated that they can either make the residential lots 120 feet in depth or the streets 60 feet wide and that there would be no street extending into the existing neighborhood to the north. He referred to Exhibit B which allows a full cul-de-sac with 110 -foot lots and allows for "AB" zoning on the other land but in his opinion, a residential neighborhood backing up to the Armory which is to the south is not very desirable. He expressed the opinion that Exhibit D satisfies both the City and the School District's objections. He expressed the opinion, also, that if the City forces them to establish two cul-de-sacs, the lots will be smaller than others in the area. Mayor Pro Tem Turner stated that there is a need to establish objectives. She pointed out that the Council wants to give the School District as much "AB" zoning as possible but they also want to protect the residential character of that neighborhood and assure that the lots will be large enough to encourage good size homes. Mr. Utter explained that the aim is to buffer the "AB" zoning with residential zoning and if the "AB" zoning faces "R -1B" zoned lots, he is of the opinion that this will present a problem in selling those lots. He stated that cul-de-sac type construction of homes tends to sell very well because the lots are secluded. Butes _gular Council Meeting September 4, 1984 Page 19 In regard to the strip along Lamont Street, the Council could require the exact same size lots as those in the nearest neighborhood which would be across Lamont Street. He stated that the Staff is of the opinion that two cul-de-sac developments would sell pretty well but the more "AB" zoning granted, the more difficult it will be to sell the residential lots. He informed the Council that the Planning Commission was very aggressive and asked the Staff to make recommendations and the more they studied it, the better the Planning Commission recommendation seemed to be. He stated that if the Council preferred to have the 97 -foot lots to have the same depth as the adjacent lots, the solution would be to add approximately three more feet to each of the lots. Mr. Utter continued by stating that this could be accomplished by a special permit but he would not recommend that because the School District is responsible and they will devise the best plan possible. He stated that the ordinance to be considered has the inclusion of two cul-de-sacs. Mr. Gary addressed the Council again and pointed out that if the School District is received to create lots along Lamont Street, an existing building will have to be demolished and if possible, they would like to retain that building. 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 Berlanga and passed unanimously by those present and voting. The ordinance was described as follows: It provides enough space for two cul-de-sacs into the area and the establishment of "AB" zoning as recommended by the Planning Commission and Planning Staff. Council Member Slavik stated that she felt that the Staff recommendation will protect the neighborhood and would allow CCISD to sell the land. Council Member McComb expressed the opinion that lots of 105 feet should be established so that they will blend in with the neighborhood but he felt that the building referred to located on the new lots that extend along Lamont Street almost to Mildred Drive could be salvaged for "AB" zoning. Mr. Utter referred to the already developed land across Lamont Street and noted that the development across the street on Lamont fronts on Mildred Drive, therefore, the property sides on Lamont Street. He stated for this reason, he would not have any objection, if the traffic is limited to Everhart and that no access be allowed to or from Lamont Street, to having that portion also zoned "AB". Mayor Pro Tem Turner inquired if the City Council made that concession, if larger lots, similar to those in the neighborhood, could be established. Mr. Utter stated that the Staff would have no problem in moving the "AB" zoning line twelve feet and then the lots could be precisely 100 feet deep. lutes _gular Council Meeting September 4, 1984 Page 20 A motion was made by Mayor Pro Tem Turner that the zoning as recommended by the Planning Commission and Planning Staff be approved with the exception of the creation of lot depths of 100 feet and that the two lots included as "R -1B" zoning on the portion of the tract that extends westward to Mildred Drive to be zoned "AB" in order to retain the building that is located there. The motion was seconded by Council Member Berlanga and it was noted that the ordinance will be prepared for the following week. The motion passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb and Slavik voting, "Aye"; Guerrero and Mendez, absent at the time the vote was taken. * 24. Application No. 884-3, L.F.B. Properties: for a change of zoning from "R-2" Multiple Dwelling District to "A-1" Apartment House District on Lot 12A, Block 1, Carroll Place Unit 7, located on the west side of Carroll Lane, approximately 300' north of Holly Road. Mr. Utter informed the Council that in response to the twenty-six notices of the public hearing, five in favor, nine in opposition from within the area of notification and two in opposition from outside the area of notification. He stated that both the Planning Commission and Planning Staff recommend denial of the requested zoning but in lieu thereof, that a special permit be approved for a one-story fifty -unit apartment complex according to the site plan that had been submitted. 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 they wanted "A-1" zoning in order to construct more units and the next zoning category from the "R-2" zoning would be "A-1" zoning which would allow 58 units. He stated that the applicant only plans to construct 50 units, however. Council Member Guerrero expressed opposition to the zoning case and referred to the fact that down Carroll Lane in the vicinity of Panama Street is the largest elementary school in the district; the largest high school in the district is located in the vicinity; and also a day care center. He expressed the opinion that this application should be denied and in fact, the property should really be downzoned to "R -1B". Mr. Wenger pointed out that the existing "R-2" zoning would allow 39 units. Council Member Slavik inquired about the reasons for the written objections, and Mr. Wenger read the letters and noted that most of them indicated objections because of the increased traffic and the unstable character of apartment dwellers. utes gular Council Meeting September 4, 1984 Page 21 Mayor Pro Tem Turner stated that Council Member Guerrero had made some interesting observations and agreed that Carroll Lane is not the kind of street to handle this kind of heavy traffic. She inquired as to why the Staff supported a special permit in this particular area. Mr. Wenger stated that the applicant previously had a special permit for the 50 units but his special permit had expired. He stated that the Staff would prefer that the zoning remain "R-2". Mayor Jones invited the applicant to speak at this time. Mr. A. C. Chapa, 4417 Bonner, stated that his mother lives near Council Member Guerrero. He pointed out that as Mr. Wenger explained, the previous Council had granted a special permit for 50 units but he and his associates did not have their financing in order. He pointed out that it is already zoned "R-2" and they could build a certain number of units per acre and they are only asking an additional three units per acre which would not add much density. He assured the Council that the property will be enhanced and they plan to construct a very nice facility. Mr. Sam Anzaldua, 3609 Capri, objected to the change of zoning because of the traffic that will be generated. He also pointed out that there are a lot of multi -family dwellings already existing in the neighborhood. Mr. Chapa stated that it was his impression that Carroll Lane is going to be widened, and Mr. Wenger stated that this portion of Carroll Lane is not included in the widening plans. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously by those present and voting. A motion was made by Council Member Guerrero that the request for change of zoning for Application No. 884-3 be denied, seconded by Council Member Brown. Mr. Guerrero inquired about the appropriate action for the Staff to downzone this land to "R-18". Mr. Chapa interjected that he had already obtained building permits for "R-2" zoning and construction has begun. Mayor Jones called for the vote on the motion to deny the application and it passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb and Slavik voting, "Aye"; Berlanga and Mendez, absent at the time the vote was taken. Council Member Guerrero continued by stating that he felt that it should be downzoned anyway and stated that he will discuss this with the Staff. lutes gular Council Meeting September 4, 1984 Page 22 Mr. Chapa reiterated that he has already started construction and they were just asking for a special permit to allow eleven more units. Mr. Utter stated that the Staff could, at the Council's direction, initiate downzoning even if buildings are located there, and if the zoning application should be approved, the buildings would be allowed to remain but would be non -conforming use. 25. Application No. 784-15, Mr. Leon Stephen Loeb, Trustee: for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 43, Block 1, Lexington Subdivision, located on the north side of Johanna Street, east of Ayers Street. Mr. Utter informed the Council that in response to the fourteen notices of the public hearing that were mailed, three in favor and two in opposition had been returned. He stated that the Planning Commission and Planning Staff both recommended denial of this application; however, after talking to the applicant who proposed something that might be possible and after he had spoken to a neighbor who is very active in the neighborhood, the Staff now recommends a compromise solution. He explained that the applicant plans the construction of a shopping center and Mr. Loeb has agreed to install a screening fence if "B-4" zoning is approved and prohibit any traffic exiting or entering from Johanna Street. Mr. Utter continued his explanation by stating that in this entire area, there has been a tremendous amount of pressure to obtain "B-4" zoning. He reminded the Council that the City has spent a great deal of money in the Lexington Subdivision to improve it and the Staff would not really object to a special permit if a permanent screening fence were installed and if access were prohibited from Johanna Street. He stated that they would also like to have the screening fence pulled back from the property line with permanent landscaping to be installed on the outside of the fence. 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. Mr. Stern Feinberg, 260 Circle, explained the previous application that had been submitted on this case at which time they considered installing a hotel project on Padre Island Drive. He stated that they feel that the land purchase was a good investment and several hotel owners approached them to establish a hotel there. He expressed the opinion that this would not have an adverse effect on the neighborhood and stated that the applicants agree with the compromise suggested by the Staff. Mr. Leon Stephen Loeb, 3845 Ocean Drive, agreed that they had purchased this land several years ago at which time they had agreed to no access from Johanna Street. He stated that they would agree to provide a screening fence that would be set back ten feet or more so that landscaping could be provided on the outside of the screening fence. He informed the Council that he was not utes gular Council Meeting September 4, 1984 Page 23 sure that a hotel would be constructed there because of the flexible market but they might construct a strip shopping center. He stated that they do not have any immediate plans for the development but the application was made after they were approached about purchasing the property which is adjacent to the property that they own. He reviewed the use on Padre Island Drive in this vicinity and stated that he does not think that there has been very much development on Johanna Street because of its location south of Padre Island Drive. He assured the Council that they would provide a good development and they will be happy to establish the landscaping as mentioned by Mr. Utter. He stated that they would not permit any curb cuts in the easternmost 275 feet of the property which is a little more than one-half of the length of their property to assure that there would be no access to the residential portion of Johanna Street. Mr. Utter stated that the Planning Commission had not considered this proposed compromise because it was worked out after the public hearing before the Planning Commission. Mayor Pro Tem Turner pointed out that since 1979, Johanna has been a street that has had much difficulty in retaining the residential character of their neighborhood. She stated that since the Code Enforcement Program had provided funds to improve the neighborhood, she felt that it should be preserved. Council Member Kennedy expressed the opinion that the neighborhood would be protected by the proposed compromise. Council Member Guerrero inquired if Mr. Loeb would consider a restriction that it would only be used for a motel, and Mr. Loeb stated that they propose to replat the land as one tract for the purpose of implementing the screening fence with the ten -foot setback and the curb cut restriction for the residential portion of Johanna. He stated that if they are going to acquire the property, he did not see that it would make any difference whether it is for a shopping center of for a hotel. Council Member Berlanga expressed the opinion that the property on the north side of Johanna will soon be business zoned since it fronts on Padre Island Drive. Speaking in opposition to the request was Mrs. Noe Morin who stated that for the past sixteen years, she has been appearing before City Councils and Planning Commissions in regard to zoning that affects Johanna Street in an effort to retain their neighborhood. She stated that her home is valued at approximately $100,000 but the rest of the neighborhood is deteriorating. She stated that at the time the City Service Center was constructed, the residents were informed that a screening fence would be constructed but that was never done. She expressed concern about the constant encroachment. rtes 4u1ar Council Meeting September 4, 1984 Page 24 Council Member Berlanga stated that he has some sympathy for the owners of these lots but he feels sure that property fronting on South Padre Island Drive will be zoned business. He also expressed the opinion that the travel of eighteen wheelers down Johanna Street should be controlled by the Traffic Department. Council Member Guerrero stated that he concurred with Mrs. Morin's concerns and urged that the requested zoning be denied as well as a special permit because he was of the opinion that this older neighborhood should be protected. Also speaking in opposition to the zoning request was Mr. Noe Morin who expressed the opinion that since HUD contributed money for the improvement of the neighborhood, he felt that they would object to rezoning this property for business. Mr. Utter stated that there are no restrictions as far as rezoning neighborhoods that have been granted Code Enforcement funds. Mr. Mark Gray stated that he owns property adjacent to the subject property and he is concerned about the proposed screening fence with landscaping and he asked about the length of the fence. Mr. Utter stated that the fence would extend between the subject property and the residential zoned property and then extend west down Johanna Street. A motion was made by Council Member Guerrero that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Mayor Pro Tem Turner that the Council concur with the recommendation of the Planning Commission and Planning Staff and deny the zoning of "B-4" for Application No. 784-15. The motion was seconded by Council Member Slavik and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero and Slavik voting, "Aye"; Mendez, absent at the time the vote was taken; McComb, abstaining. Mayor Jones referred to a recent meeting and stated that he objected to a Traffic Planner making a presentation on a traffic plan for Padre Island Drive when the Council is not aware of such a traffic plan. He stated that he would like to suggest that this be scheduled as a Workshop Meeting discussion as soon as possible and Mayor Pro Tem Turner concurred. Mayor Pro Tem Turner stated that she would also like to have Mr. Larry Wenger make a presentation on land use to the City Council. lutes gular Council Meeting September 4, 1984 Page 25 Mayor Jones stated that it was his understanding that the Planning Commission was designated to discuss planning rather than just zoning cases and he, too, suggested a Workshop Meeting to discuss land planning in the area outside the City limits that is rapidly developing. Deputy City Manager Ernest Briones stated that the City Staff is now working on a comprehensive plan on the area outside the City limits; it is progressing well; and he thought that the Planning Commission was doing what was requested of them. He stated that this comprehensive plan will include all of the land in the growth area of the City, including the land bordering the Oso. Mayor Jones called for Petitions or Information from the Audience on Matters not Scheduled on the Agenda. Mr. Clay Moore, 325 South Morningside, presented to the Mayor a book on a public hearing on water conservation from many years ago. He explained water saving measures he had taken. He referred to the book that he had brought with him and stated that even though the public hearing reported in the book had to do with pollution control, it mentioned that a drought occurs in Corpus Christi every five or six years. He suggested the construction of a series of small dams that would not silt to help resolve this problem. Assistant City Manager Tom Utter introduced to the City Council his new Administrative Assistant, Mr. Norberto Viamonte. There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Guerrero, and passed unanimously, the Regular Council Meeting was adjourned at 6:30 p.m., September 4, 1984. * DZ/rr