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HomeMy WebLinkAboutMinutes City Council - 02/12/1985MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 12, 1985 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: David Berlanga, Sr. Welder Brown Leo Guerrero * Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik City Manager Edward A. Martin City Attorney J. Bruce Aycock Assistant City Secretary Dorothy Zahn Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Ernest Bennett of Mt. Pilgrim Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Frank Mendez. Acting City Secretary Dorothy Zahn called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Council Member Welder Brown that the Minutes of the Regular Council Meeting of February 5, 1985 be approved as presented; seconded by Mayor Pro Tem Turner; and passed unanimously. * Council Member Charles Kennedy arrived at the meeting at 2:10 p.m. MICROFILMED Minutes Regular Council Meeting February 12, 1985 Page 2 Mayor Jones announced the presentation of a retirement plaque to the following employee: Employee: Aalbert Heine Position: Years of Service: Museum Director 27 City Manager Martin stated that he would like to give special recognition to Mr. Heine by recommending to the Council that he be appointed as Director Emeritus to the Museum. He stated that this recommendation comes with a great deal of meaning and respect to Mr. Heine. A motion was made by Mayor Pro Tem Turner that the appointment of Mr. Aalbert Heine as Director Emeritus to the Museum be confirmed, seconded by Council Member Slavik and passed unanimously. Mayor Jones then presented a retirement plaque to Mr. Heine and expressed appreciation to him for his many years of devoted service to the City and the Museum. Mayor Jones administered the oath to the following newly appointed members to Boards and Commission: Mr. Richard Graessle, Dr. Samuel Ganz, Mr. Jim Walls, Mr. Guadalupe Valdez, Mr. Melvin Davis, Mrs. Ella Prichard, all of the Drug and Alcohol Abuse Task Force; and Mrs. Ben F. Vaughan, Jr., Museum Advisory Board. Mayor Jones called for consideration of the Consent Motions on the following items: 1. Approval of a twelve month supply agreement, with option to extend for an additional twelve months at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for mufflers, tail pipes, mounting hangers, and service to Longoria Brake & Muffler, for the estimated annual expenditure, $15,000, based on low bid. City Manager Martin stated that this is a rather routine purchasing item and explained that the reason for the attachment was to point out the type of level analysis that occurs regarding bids on purchasing items. 2. Approving purchase of a self propelled walk—behind vibratory roller for the Street Division, based on low bid, to C.C. Equipment Co. for $6,155. Price has increased 2.5% since last purchase November, 1983. Sixteen bid invitations were issued and five bids were received. es Council Meeting February 12, 1985 Page 3 3. Authorizing the City Manager or his designee to execute a contract with the Nueces County MHMR Community Center of the Corpus Christi Area Inc. for $200,000 for the construction of a workshop facility. This project is funded by the 10th Year Community Development Block Grant program. Council Member Slavik asked what the City's obligation on the construction project would be, and City Manager Martin explained that the City has a strong obligation as a result of the contract with MHMR which provides that the City will manage the project according to their plans and that MHMR will have to meet the obligations of the contract. Assistant City Manager Ton Utter interjected that the County would probably not make any inspections of the project. 4. The City Manager or his designee be authorized to execute a contract with Nueces County for continuation of the Elderly Program outside the City limits of Corpus Christi. The contract contains a total budget of $143,087 and includes $19,888 in federal funds earmarked for rural Nueces County and $123,199 as the Nueces County allocation. The program will provide for such services as transportation, escort, outreach, information and referral, recreation and counseling from March 1, 1985 to February 28, 1986. No City funds involved. Council Member Slavik inquired as to why the City would have to approve this contract. City Manager Martin explained that the City provides this service on a county—wide basis and that any contract of this magnitude requires Council approval. Council Member McComb referred to item 3 concerning the contract with Nueces County MHMR Community Center of the Corpus Christi Area, Inc. for $200,000 for the construction of a workshop facility and stated that after they had heard the presentation by MHMR on the need of this workshop facility, MHMR had spent $1 million for the purchase of the Doctor's Hospital on Brownlee across from MHMR and inquired as to why MHMR could not place the workshop facility at that location. Assistant City Manager Utter explained that at the time the $200,000 was approved, the Council had agreed to the workshop facility, and that MHMR was at that time negotiating for the purchase of the property on Brownlee but were not certain whether this would materialize. Council Member McComb stated that he would like to obtain an update on MHMR's activities as it pertains to the buildings before he could vote on this. Minutes Regular Council Meeting February 12, 1985 Page 4 Council Member Mendez commented that the need to provide additional space for the handicapped was the reason for the approval of the workshop facility at that time. Council Member McComb stated that he was not arguing the need but that he felt that it had been met by the purchase of the old hospital building in the amount of $1 million. Mayor Pro Tem Turner clarified that these were two separate types of facilities for the handicapped, adding that one is for a treatment center and the other one for a workshop facility. Council Member McComb reiterated that at the time the Council had discussed the workshop facility, the old Doctor's Hospital building was not even in the picture and expressed the opinion that it just seemed to him that if they could afford to purchase that building, they could use that facility for a workshop. Mayor Jones inquired if a representative of MHMR was present to explain, and Mr. Kelly Elizondo, Director of Neighborhood Improvement, stated that he was not; he had been notified, but due to an emergency in the family, he was unable to be present. Ms. Jewel Wilson, an employee for MHMR, stated that their existing workshop facility is overcrowded; people are waiting to be admitted in the shelter; and stated that the building on Brownlee is being used by other areas of MHMR. She further stated that they rent several buildings in the City; they had just placed a down payment towards the purchase of the old hospital building on Brownlee; and that there definitely is not enough space for a workshop facility there. A motion was made by Mayor Pro Tem Turner that this item be tabled to allow for a representative of MHMR to provide the Council with further information on this The motion was seconded by Council Member Slavik and passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero voting, "No". 5. Change Order No. 4 to the Seawall Overlook project in the amount of $22,933 be approved which provides for the installation of 24 timber piling in the Marina at both T -Heads and the L -Head location. This work is provided for in the 1984-85 Marina Operating Budget; and as the Goldston firm has pile driving equipment on site and their contract contains a very competitive unit price for this type of work, it is recommended that this work be done by change order at this time. A separate appropriation is not required for this budgeted work. utes .gular Council Meeting February_ 12, 1985 Page 5 6. A contract for the installation of an additional toll booth for the main parking lot at the Corpus Christi International Airport be awarded to T. Garza Construction for $26,984.75. Funds for this work are available in the Airport Operating Budget and a separate appropriation is not necessary. The project is designed to alleviate congestion at the parking lot exit at the Airport. 7. A revocable easement be granted to Mr. Nolan W. Culp, President of Uncle Chesters Olde Crab House, Inc., providing for the installation of approximately 811 linear feet of 3" diameter force main in Sandra Lane. The restaurant would install and maintain a private lift station and would pump sanitary sewer to the existing public system in the Brandywine Subdivision. A fee of $811 for the easement grant is recommended. Mayor Jones ascertained that no one in the audience wished to speak on the Consent Motions. A motion was made by Mayor Pro Tem Turner that Consent Motions items 1 through 7, with the exception of item 3 which had been tabled, be approved; seconded by Council Member Slavik; and passed unanimously. Mayor Jones called for consideration of Consent Ordinances and Ordinances from Previous Meetings. City Manager Martin referred to Ordinance No. 8 which authorizes acquisition of a parcel of land on Purdue Road for Purdue Road Street Improvements, Phase II and pointed out that there have been fifteen parcels acquired with eleven more parcels to be acquired. Council Member Kennedy referred to Ordinance No. 15 which amends the Zoning Ordinance upon the application of Spohn Hospital and stated that based on the public hearing previously conducted on January 15th which showed that none of the hospitals are in compliance, he would like to request that the City Staff investigate all of the hospital sites. He suggested the possibility of establishing a hospital zoning district so that all of the hospitals will have the same signage and that the Planning Staff do an analysis on each site and recommend a solution. City Manager Martin assured the Council that the Staff has started working on the analysis on signs and structures and would work on a solution to solve the problem based on what is found. He stated that he would report on this within four to six weeks. Council Member Kennedy expressed the opinion that he felt the solution reached by the Staff and Spohn Hospital was a reasonable one to this particular problem. Minutes Regular Council Meeting February 12, 1985 Page 6 Council Member McComb inquired of Assistant City Manager Utter as to whether or not he would allow another hospital with a sign which encroaches 30" into the City's right-of-way to retain it, and Mr. Utter replied that the Councilwould have the finalauthority in regard to this. Mr. Utter further stated that the Staff had looked at the signs on site; they felt that by retaining the signs in the right-of-way with less than two feet in a particular location would really not upset the right-of-way whatsoever; the Staff would have to come back with revocable easements for the locations of the four signs; and the word "revocable" implies that the City can take the easements back. Council Member Slavik asked about the Council's recommendation. She stated that she had understood at the time of the public hearing that the Council agreed that the signs should be moved from the public right-of-way, and that if there is no financial burden to Spohn Hospital she could not understand why this had not been done. Assistant City Manager Utter agreed that the Council's recommendation was to move all of the signs off the City's right-of-way; the Staff had met with Sister Kathleen and members of Spohn Hospital to further review their signage requirements; and that this was the recommendation before them. Council Member Mendez clarified that the Council had directed the Staff that if some of these signs were marginal, the Staff should work with the hospital. Assistant City Manager Utter agreed that the signs could be moved but that it seemed reasonable to concur with Spohn Hospital. Mayor Jones commented that he hoped that the Council would approve this ordinance and expressed the opinion that each case should be dealt with separately. Council Member Slavik then referred to Ordinance No. 14 which amended the zoning ordinance upon application of Mr. William L. Murray in reference to Lots 1 and 2, Shoreline Terrace from "A-2" to "B-2" and granting a special permit on Lot 1, Shoreline Terrace for an office project and Lot 2, Shoreline Terrace for a three level parking garage and stated that she would vote against this ordinance because she is concerned about future development by the water. She stated that she had no problem with Lot 1 but she was concerned about Lot 2 because of the three-story garage that will have an exit on Coleman Street. Assistant City Manager Utter explained that it is all zoned "B-2"; regardless of what is done under "B-2", it would not have any effect on that additional property; that right now, they have the ability to build a parking garage; and that it would not set a precedent. Council Member Slavik then stated that if it would not set a precedent, she would vote for the ordinance. .rtes ._ gular Council Meeting February 12, 1985 Page 7 Council Member Slavik referred to Ordinance No. 11 which amends the Architectural Services Contract with Environmental. Disciplines Inc. pertaining to the Parker Park Recreation Center to provide a separate concession stand facility at the swimming pool rather than in the recreation center and expressed the opinion that the balance of these funds be incorporated for the Community Center project. Assistant City Manager Utter informed the Council that the item is only recommending the appropriation of funds and that the balance of the funds from the NAS Drive Landscaping project is not before the Council yet. City Manager Martin interjected that the Staff would like to do a first class improvement of the Parker Park facility but that the City needs to be cautious about the method of doing it. He explained that the money is available because of the NAS Drive Landscaping Project which was constructed under estimate; he further explained that one of those parks can be reprogrammed in Flour Bluff but could not be reprogrammed in other areas of the City; and reiterated that the City needs to be careful about disbursement of funds by area. Mayor Pro Tem Turner questioned the plan to move the concession stand from the center of the park to the swimming pool, adding that she would like to be assured that the kitchen area remains intact in the center. Mr. Terry Dopson, Director of Park and Recreation, explained to the Council. that the kitchen area is still intact in the center of the facility and the concession stand is planned for the swimming pool. Mayor Jones ascertained that no one in the audience wished to speak in regard to the ordinances. Acting City Secretary Dorothy Zahn polled the Council for their votes on the ordinances and the following were passed: 8. ORDINANCE NO. 18689: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 30 IN CONNECTION WITH THE PURDUE ROAD STREET IMPROVEMENTS, PHASE II PROJECT; APPROPRIATING $1,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "abstained". 9. ORDINANCE NO. 18690: AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE NUECES COUNTY COMMUNITY ACTION AGENCY FOR THE LEASING OF SIX PORTABLE BUILDINGS; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting February 12, 1985 Page 8 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "abstained". 10. ORDINANCE NO. 18691: ORDERING AN ELECTION FOR MAYOR ANT) COUNCIL MEMBERS IN THE CITY OF CORPUS CHRISTI, TEXAS, TO BE HELD ON THE 6TH DAY OF APRIL, 1985; DESIGNATING POLLING PLACE LOCATIONS; ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "abstained". 11. ORDINANCE NO. 18692: AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE CONTRACT FOR ARCHITECTURAL SERVICES WITH ENVIRONMENTAL DISCIPLINES, INC. FOR PARKER PARK RECREATION CENTER IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "abstained". 12. ORDINANCE NO. 18693: CLOSING AND ABANDONING A 5 -FOOT WIDE UTILITY AND DRAINAGE EASEMENT IN LOT 5, BLOCK 33, WOOD RIVER UNIT 3, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "abstained". 13. ORDINANCE NO. 18694: AMENDING THE ZONING ORDINANCE BY AMENTING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 SUBSECTION 31-5.81, SETTING FORTH ZONING CLASSIFICATION OF SAID AREA OF LAND DESCRIBED AS A PORTION OUT OF LOT 8, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "abstained". utes .gular Council Meeting February 12, 1985 T'age 9 14. ORDINANCE NO. 18695: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF WILLIAM L. MURRAY BY CHAYCING THE Z(1 11((. MAP IN NFFLRENCE TO LOTS 1, AND 2, S110k1':LINE TFRPACE, FROM "A-2" APARTMENT HOUSE DISTRICT TO "B-2" BAYFRONT BUSINESS DISTRICT, AND GRANTING A SPECIAL PERMIT ON LOT 1, SHORELINE TERRACE FOR AN OFFICE PROJECT AND LOT 2, SHORELINE TERRACE, FOR A THREE-LEVEL PARKING GARAGE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Ave"; Berlanga, "abstained". 15. ORDINANCE NO. 18696: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SPOHN HOSPITAL BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 1-14, BLOCK X, AND LOTS 8-14, BLOCK XI, OCEAN VIEW ADDITION AND LOTS 1-8, BLOCK A, AND LOTS 5-8, BLOCK B, BAYFRONT TERRACE, FROM "B-2" BAYFRONT BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT WITH A SPECIAL PERMIT FOR ALL EXISTING SIGNS WITHIN THE CHANGE OF ZONING AREA; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "abstained". 16. SECOND READING: CLOSING AND ABANDONING 50 FOOT WIDE LAST STREET FROM CALDWELL STREET TO MUSSETT STREET IN MUSSETT ADDITION; RETAINING A 10 FOOT WIDE UTILITY EASEMENT. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "abstained". 17. SECOND READING: AMENDING CHAPTER 55, UTILITIES, ARTICLE XIII, LIQUID WASTE HAULING, SECTION 55-161, PERMIT APPLICATION, ISSUANCE, BOND, FEES, QUALIFICATIONS, ETC.; PROVIDING FOR INSURANCE REQUIREMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "abstained". Minutes Regular Council Meeting February 12, 1985 Page 10 18. ORDINANCE NO. 18697: CONSENTING TO THE ASSIGNMENT OF THE L -HEAD BAITSTAND LEASE FROM RUBEN V. LARA TO STE\'ART P1.ATI$ AND DIMITRIOS GOUZIOTIS. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "abstained". Mayor Jones called for consideration of the motions from the Regular Agenda. *19. Approving the employment of A. R. (Babe) Schwartz to assist the City and other area governmental agencies in the efforts to delay the selection and purchase of a low-level radioactive waste disposal site. (Note: this item was amended later during the meeting.) Mayor Jones explained that the aim regarding this item is to prevent the nuclear low level waste disposal site from being located in the City's water shed and inquired as to a ballpark figure on this. Deputy City Manager Ernest Briones explained that he is working on an agreement with Mr. Schwartz; it would be between $6,000 and $9,000 if he handles other items besides radioactive nuclear waste matter; and that he has received numerous calls from groups who have offered to contribute to the cost of the fee. City Manager Martin suggested that the item be amended to include the direction that Mr. Schwartz handle other Coastal matters. Council Member Brown commented that Mr. Schwartz knows his way around Austin; he knows how to approach people; and in his opinion, is worth every cent as a lobbyist for the City. Council Member Mendez expressed concern about the permit for the incinerating of pcb's at Lon Hill Plant, stating that this will affect not only that neighborhood but also the entire City. A motion was made by Council Member Mendez to amend the motion, to state "and other lobbying matters of interest to the City of Corpus Christi such as opposition to burning pcb's at the Lon Hill Plant". The motion to amend item 19 was seconded by Council Member Kennedy. Mayor Jones ascertained that no one in the audience wished to speak on this item. * This motion was amended -- see page 11. utes gular Council Meeting February 12, 1985 Page 11 Mayor Jones then called for the vote on the amended motion and it passed unanimously. *20. Authorizing the Park and Recreation Board to approve projects for the Neighborhood Park Assistance Program and to allocate $50,000 in revenue sharing funds for these projects; and charging the Park and Recreation Department with the administration of the Neighborhood Park Assistance Program for parks and recreational facilities outside of Community Development Block Grant areas. City Manager Martin explained that the proposed program specifies that each neighborhood organization that desires to receive funding would complete an application which would then be rated on a project priority scoring system and that a second priority involves the degree of private sector participation in either direct dollars or proposed volunteer labor. He reminded the Council that during the budget discussion, the Council had asked to set a proposed policy and recommend a price to set up such a system, and that basically, this recommends no more than $10,000 per park. Council Member Guerrero commented that he had no objection to the $10,000 per park. He stated, however, that public hearings need to be set in order to assist these people on how they can raise funds to match the $10,000. He pointed out that there are many parks that do not qualify for CD funds. Assistant City Manager Utter explained that the Park and Recreation Department is working with about fifteen Adopt -A -Park groups and explained the publicity generated by the Park and Recreation Department through brochures, advertising, etc. City Manager Martin interjected that the City will have public service announcements and some direct advertising about the availability of these funds. Mayor Pro Tem Turner stated that she had a serious problem with the scoring system that is proposed, adding that this money should be authorized based on need for improvements on the park no matter how long the organization has been in existence. She suggested that the scoring system he examined again. Mayor Jones commented that he felt that the organization with the most representatives and in existence for the longest period of time will be the most likely to deliver. City Manager Martin agreed that perhaps the language used in the motion is incorrect since he did not feel the Park and Recreation Board has the authority to award funding for parks. He added that the Park and Recreation Board could make recommendations, but that the Council should make the final decision. Mayor Pro Tem Turner reiterated her concern on the strategy of the scoring system. * This motion was changed -- see page 12. Minutes Regular Council Meeting February_ 12, 1985 Page 12 A motion was made by Council Member Slavik to amend item 20 to change the wording in the motion to Authorize the Park and Recreation Board to "recommend" rather than "approve" projects; seconded by Council Member Mendez; and passed unanimously. A motion was made by Council Member Slavik that Item 20 he approved as amended, seconded by Council Member Mendez and passed unanimously. Mayor Jones announced the public hearing on two zoning applications. Assistant City Manager Utter stated that he would like to present both applications 11185-7 and 185-8 at the same time since they are both from the same applicant and are related. 21. Application No. 185-7, Mr. H. E. Savoy dba Savoy Homes: for a change of zoning from "RA" Residential Acreage District to "R -1B" One -family Dwelling District on Lots 9, 10, 11, and 12, Block 4, Flour Bluff Heights, located on the south side of Skipper Lane, approximately 275' west of Marzbacher Drive. Assistant City Manager Utter stated that in response to the twenty-eight notices mailed, four in favor and nine, plus one petition with fifty-two signatures in opposition had been received. He stated that both the Planning Staff and Planning Commission recommend denial of "R -1B" and in lieu thereof grant a special permit for a one -family dwelling unit on Lot 9 and } of Lot 10. 22. Application No. 185-8, Mr. H. E. Savoy dba Savoy Homes: for a change of zoning from "RA" Residential Acreage District to "R -1B" One -family Dwelling District on Lot 29, Block 4, FLour Bluff Heights, located on the north side of Valerie Street, approximately 262' east of Carletta Street. Assistant City Manager Utter stated that in response to the twenty-two notices of the public hearing that were mailed, three in favor and five, plus one petition with fifty-two signatures in opposition had been received. He stated that both the Planning Staff and Planning Commission recommend denial of "R -1B" and in lieu thereof, grant a special permit for a one -family dwelling. Mr. Utter informed the Council that on both of these applications, the 20% rule is in effect which requires seven affirmative votes to approve. Mr. Larry Wenger, Director of Planning, referred to Application No. 185-7 and located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. He stated that it includes four lots on Skipper lane; the property is zoned "RA" as a result of the Flour Bluff Development Plan which took place two years ago; and explained that there are two houses in existence, one on Lot 9 and one on Lot 11. He lutes _gular Council Meeting February 12, 1985 Page 13 informed the Council that building permits were issued in error for five single-family houses; the error was made by a Building Clerk because of an erroneous zoning map in the Building Division; and stated that the "RA" zoning would require a 15,000 square foot lot for construction of a single-family home; and after the error was discovered, two permits were revoked. Mr. Wenger continued by locating the other lot included in Zoning Application No. 185-8 and showed slides of the vicinity. Mr. Wenger explained that as a result of the Planning Commission's recommendation the special permit would include Lot 9 and part of Lot 10 for Application No. 185-7 and denial of "R -1B" on part of Lot 10, 11 and 12, adding that replatting all of Lot 11 and 12 would meet the 15,000 square feet requirement so it is not necessary to change the special permit. He continued by stating that the special permit is recommended for Lot 29 on Application No. 185-8. Council Member Berlanga expressed concern because the applicant is asking for rezoning on lots where there are houses now; permits were issued; the houses constructed did not have a final inspection; and inquired as to how the residents of these houses could have obtained public utility services if these houses were not issued a Certificate of Occupancy. A motion was made by Council Member Berlanga that both these cases be tabled until the Legal Department can provide an opinion on this. The motion was seconded by Council Member Slavik. Mayor Jones expressed the opinion that it is appropriate to table the zoning applications but suggested that the hearing be conducted and then table them. Council Member Berlanga withdrew his motion and Mrs. Slavik withdrew her second to the motion. Council Member Guerrero suggested that the Staff be provided with a legal opinion regardless of whether the applications were tabled or not. Council Member McComb inquired if this would require replatting of three lots in order to meet the 15,000 square foot requirement, and Mr. Wenger explained that if there are lots or portions of lots that constitute more than the land required, the owner does not have to replat. Council Member McComb inquired if any of the five permits were issued after the error was discovered, and Mr. Wenger explained that none of the permits were issued after the error was discovered and that in fact, two of the five permits issued were revoked immediately. Minutes Regular Council Meeting February_ 12, 1985 Page 14 Council Member Slavik inquired if the five permits were issued at different times or if they were issued all at the same time. Assistant City Manager Utter explained that they were all issued at different times. City Manager Martin explained that the person who issued the permits was using a map that was improper and she had no way of knowing that; he stated that people do occasionally make errors; the maps have been brought up-to-date and the procedure has been changed so that only one person is not responsible for the issuance of permits. Council Member Slavik then inquired as to how these houses could be occupied at this time if no Certificate of Occupancy has ever been issued. Assistant City Manager Bill Hennings explained that this is being investigated at this time. He stated that if the maps were wrong, the whole process could have gone through because the inspectors were treating it as an "R -1B" zoned area. Mayor Jones departed the Council Chamber, and Mayor Pro Tem Turner presided temporarily. Council Member Guerrero inquired as to what would happen under a special permit should the property be resold or the house removed, and Mr. Wenger explained that the special permit runs with the land, and if the house is removed and the land left vacant for over one year, the owner could not rebuild. Council Member Guerrero then inquired as to the responsibility of the developer in applying for the permits, i.e., if he had any knowledge of the existing zoning. City Manager Martin stated that the Staff could not make any judgement on that. Council Member Mendez expressed the opinion that the people in Flour Bluff were concerned that this individual is receiving special consideration that others in that particular area did not have. Council Member McComb inquired as to what the alternative on these applications would be if they were not approved, and City Manager Martin replied that if the Council did not approve the recommendations for these applications, the City would file action in the Court to have the buildings removed. Council Member McComb inquired as to when the Flour Bluff rezoning had occurred. Mr. Wenger replied that it was early 1983, pointing out that Mr. Savoy did not own the lots at the time of the Flour Bluff Development Plan zoning. u tes eular Council Meeting February ]2, 1985 Page: 15 Council Member Berlanga expressed the opinion that Mr. Savoy had violated the Building Code by not asking for a final building inspection and by not obtaining a Certificate of Occupancy. Council Member Guerrero stated that he believed the City would never know whether Mr. Savoy knew what the zoning on the lots was prior to his applying for the permits, and indicated that he would recommend that the Council deny the requests. Mayor Pro Tem Turner ascertained that the applicant was not present. She then asked if there was anyone in the audience who wished to speak in opposition. Mr. Ronald McGee, a property owner in the area, questioned Mr. Savoy's statement that he did not know of the FLour Bluff Comprehensive Plan when it was published in three papers that the area was rezoned. He stated that when the error was discovered, five permits had been issued; two permits were revoked; a meeting had been held with Mr. Savoy; and that he could not understand how a Zoning Coordinator could go eighteen months without getting information from the front desk about the permits issued. He expressed the opinion that to have these houses occupied at this time is in strict violation of the zoning ordinance, especially since they had not obtained a Certificate of Occupancy. He asked that Lot 29 on Application No. 185-8 be investigated to see that it meets all of the specifications. He contended that Mr. Savoy did know about the zoning at the time he applied for the permits and urged that the Council deny the requests on both applications. Ms. Maureen Tierney, 413 Valerie, representing all of the people who had signed the petition and could not be present, stated that she had been responsible for the petition. She stated that she is in strong opposition to the applications because she felt that other people in the area with larger lots were denied the right to build in the "RA" zoning. Mr. Vernon Shirley, 3636 Flour Bluff Drive, reminded the Council of the efforts made to rezone the Flour Bluff area. A motion was made by Council Member Guerrero that the hearing he closed, seconded by Council Member Mendez and passed unanimously. A motion was made by Council Member Guerrero that the Council deny the recommendation of the Planning Commission and Planning Staff to grant a special permit for a one -family dwelling unit on Lot 9 and of Lot 10, Block 4 on Application No. 185-8 and to deny recommendation for the special permit on Lot 29, Block 4, on Application No. 185-8; seconded by Council Member Berlanga. Council Member Kennedy expressed the opinion that there seemed to be more information the Council was not aware of such as whether the houses had a final inspection and whether a Certificate of Occupancy had been issued. Minutes Regular Council Meeting February 12, 1985 Page 16 Assistant City Manager Bill Hennings explained that the electrical inspection was final before the error was discovered, except in the case of the property on Valerie Street in which it was different because the Staff was under the impression that there was a grandfather clause provision in the zoning ordinance, but it was later ascertained that this was not the case. Council Member Kennedy inquired as to the City's legal liability on this, and Assistant City Manager titter replied that there is a provision that protects the City. Council Member Slavik asked that she be provided a report concerning the inspection on the house on Valerie Street. She stated that she had understood Nr. Hennings to say that it was not a common practice to not have a Certificate of Occupancy. Council Member Berlanga stated that he had investigated prior to the meeting and had found that there was no final inspection of the houses and no records as far as electrical inspections. Council Member McComb asked for a clarification if the special permit were granted, and Assistant City Manager Utter explained that the special permit would allow for the houses to remain on lots that are less than 15,000 square feet. He noted that the applicant could purchase additional lots in order to expand. Mayor Jones returned to the Council Chambers. Discussion followed on the options Mr. Savoy could take in order to expand. Mayor Jones then reminded the Council that there was a motion on the floor to deny the recommendation of the Planning Commission and Planning Staff on both applications. Acting City Secretary Dorothy Zahn polled the Council for their vote on the ordinances effecting the zoning change and they failed to pass as follows: 21. ORDINANCE (FAILED TO PASS): AMENDING THE ZONING ORDINANCE UPON APPLICATION OF H. E. SAVOY DBA SAVOY HOMES, BY GRANTING A SPECIAL COUNCIL PERMIT FOR A ONE -FAMILY DWELLING UNIT ON LOT 9 AND A PORTION OF LOT 10, BLOCK 4, FLOUR BLUFF HEIGHTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance failed to pass by the following vote: Kennedy, "Aye"; Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Nay". 'nutes 2gular Council Meeting February 12, 1985 Page 17 22. ORDINANCE (FAILED TO PASS): AMENDTNG THE ZONING ORDINANCE UPON APPLICATION OF H. E. SAVOY DBA SAVOY HOMES, BY GRANTING A SPECIAL COUNCIL PERMIT FOR A ONE -FAMILY DWELLING UNIT ON LOT 29, BLOCK 4, FLOUR BLUFF HEIGHTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance failed to pass by the following vote: Kennedy, "Aye"; Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Nay". Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. R. M. Rushton, a developer in Country Club Estates, expressed opposition to the burning of pcb's at Lon Hill Plant. He stated that he wants to form a committee on this; he stated that he hopes to have a public hearing on this; and urged the City's assistance. Council Member Mendez stated that he had attended a meeting in the northwest area the night before at which Mr. Rushton was present. He stated that Mr. Rushton had volunteered to come before the Council to present his views and was glad to see that he had. City Manager Martin stated that the citizens made a formal request last week that a public hearing be held before a permit is issued, adding that it is his speculation that after hearing some of the issues involved that the Council could take a strong position on this. Council Member Mendez indicated that he would prefer a public meeting instead of a public hearing that involves statements by attorneys. He asked that Texas Air Control be contacted to find out how they are proposing to hold the hearing. City Manager Martin stated that his guess would be that it be a public hearing. He stated that anyone who wants to come forward and make a statement can do so; it may be under oath and recorded; that it will be a pre -exchange of ideas, no debate; but that everyone will be allowed an opportunity to speak. Council Member Slavik inquired about the location of the meeting. City Manager Martin explained that it would probably be in the area of the location involved. Council Member Mendez asked that the people be informed about the time and place. Minutes Regular Council Meeting February 12, 1985 Page 18 Mr. W. E. Webb, 525 Wildwood, expressed concern about the burning of pcb's because of the number of schools in the vicinity. He also expressed concern about the number of houses in the area which have not been sold and will not be sold if the burning of the pcb's takes place. Mr. Hal Wasson referred to an incident at Bob Hall Pier which involved a fisherman and a surfer and asked that the Bob Hall Pier limitation for surfing be increased from 100' to 300' to keep the surfers from coming too close to the pier. He stated that the fishermen have as much right to enjoy the beach as the surfers do. Mayor Jones asked that City Manager Martin provide the Council with a report on the possibility of increasing the distance. There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Mendez and passed unanimously, the Regular Council Meeting was adjourned at 4:30 p.m., February 12, 1985. rr