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HomeMy WebLinkAboutMinutes City Council - 05/07/1985MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 7, 1985 2:00 P.M. Present: Mayor Luther Jones Mayor Pro Tem Dr. Jack Best Council Members: David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Armando Chapa Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Mr. Dan Williams, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Jack Best. City Secretary Armando Chapa called the roll and verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. A motion was made by Council Member Leo Guerrero that the minutes of the Regular and Special Council Meetings of April 30, 1985 be approved as presented; seconded by Council Member Mary Pat Slavik; and passed unanimously. Mayor Jones presented certificates to the following employees completion of the Texas A&M's Supervisory Development Program: Employee: 1. Adan Herrera 2. Julio Wilmot 3. Eliseo Rodriguez 4. Norman Ruenstler 5. Juan Canales Position: Transit System Supervisor Administrative Aide Water System Foreman Inspector I Sr. Gas System Mechanic Department: III Transit Transit Water Water Gas Mayor Jones then administered the Oath to Mrs. Aurora appointment to the Municipal Arts Commission. * * * * * * * * * * * * * Williams, a recent MICROFILMED Minutes Regular Council Meeting May 7, 1985 Page 2 Mayor Jones informed the members of the audience that the City Council had conducted a brief closed meeting during the morning workshop meeting to discuss the problem of the numerous rapes that had occurred in a particular area of the southside. He stated that the Council has asked Chief Bill Banner to provide information on those cases. Chief Bill Banner assured the Council and the audience that the City of Corpus Christi does not have a rape epidemic because the statistics city—wide confirm that fewer rapes have occurred this year than in previous years. He stated that the problem is that there is a serial offender who has been involved in at least six rapes, possibly more, in an area bounded by Louisiana, Alameda, Everhart, Santa Fe, and Staples Streets. He stated that the Police Department is and has been for the past three months actively involved in several actions to apprehend the offender and provide police support in that area by increasing the number of patrol officers in the neighborhood and stated that they have assigned police officers from adjacent neighborhoods to this particular area. He stated that they have been involved in more contact in the neighborhood and have increased the number of Neighbors on Watch meetings. He stated that although as of this date, the Police Department has been unsuccessful in apprehending the offender, he felt that it would be unwise to explain in a public meeting the actual steps that have been taken to determine the identity of the offender. He informed the Council that the Police Department staff is conducting profiles on known sex offenders; they have contacted other cities in regard to names of known sex offenders; and stated that he would like to urge the Council to encourage the citizens in community participation in the Neighbors on Watch and Crime Stoppers Programs. He urged that citizens use all precautions in using the existing locks in their houses because in some of the cases, the rapist gained entry into the house through an unlocked window or door. He stated that there have been ten rapes in the last 1} years in that particular neighborhood; five are probably the same offender and possibly seven. Council Member Slavik expressed appreciation to Chief Banner for the effort of the Police Department. She stated that she agreed with him that the Neighbors on Watch program does really work and citizens should take all precautions by keeping their windows and doors locked. Council Member Pruet stated that one thing he would like to add is that perhaps the media could be of assistance at this time with a series of public service announcements in regard to the availability of the free service offered by the Police Department to check houses for security. * * * * * * * * * * * * * * Mayor Jones called for Board and Committee appointments and referred to the list of appointments that were discussed during the morning workshop meeting. A motion was made by Council Member Guerrero that the following appointments be confirmed, seconded by Mayor Pro Tem Best, and passed unanimously: nutes .ecegular Council Meeting May 7, 1985 Page 3 a. Community Action Agency: Term: Linda Strong (rep. by Lamont Taylor) 11-85 Dr. Jack Best (rep. by Sandra Gonzales) 11-85 b. Coastal Bend Council of Governments: Luther Jones 4-30-87 Dr. Jack Best 4-30-87 David Berlanga, Sr. 4-30-87 Leo Guerrero 4-30-87 Joe McComb 4-30-87 Frank Mendez 4-30-87 Bill Pruet 4-30-87 Linda Strong 4-30-87 ALTERNATES: Mary Pat Slavik Ernest Briones Larry Wenger Bill Hennings Leah Olivarri Kelly Elizondo Edward A. Martin Tom Utter Sandra Gonzales Jim Peters Alicia Perez c. Housing Authority: (Mayor's appointments) Dr. Maria Luisa Garza (Reappointed) 4-04-87 Mrs. Nancy W. Stevens (Reappointed) 4-04-87 d. Transportation Advisory Board: Mr. Clifton L. Moss (Reappointed) 4-30-88 Mr. Ramiro R. Canales 4-30-88 e. Museum Advisory Board: (Appt. by the Mayor with advice and consent of the Council) Mrs. Betty Turner 9-01-87 f. Municipal Arts Commission: (Mayor's appointment subject to confirmation by the Council) g. Mr. Loyd Neal (Reappointed) 9-1-85 Sister City Committee: Mr. Henry Gorham 5-87 Miss Debbie Zepeda 5-87 h. Corpus Christi Business Development Commission: (Nominated by the Mayor & appointed1by the City Council) Minutes Regular Council Meeting May 7, 1985 Page 4 Mr. Stephen W. Sullivan 1-26-86 * * * * * * * * * * * * Mayor Jones announced the bid opening on the City Depository(ies) for the period beginning May 14, 1985, and ending approximately two years thereafter. City Manager Edward Martin explained that the City Charter designates that the City Council will select the bank depository for a two-year period and explained that the bids were solicited in two categories -- one, as a main depository, and also for banks that are interested in being utilized for investment purposes. Mr. Juan Garza, Director of Finance, then opened and read the bids from the following financial institutions: Bidding on the main depository and investment purposes were the following banks: First City Bank, MBank, Texas Commerce Bank -Corpus Christi, and First State Bank -Corpus Christi. Those for investment purposes only were American National, Bank of Corpus Christi, Coastal Bend National Bank, First Commerce Bank, First National Bank of Corpus Christi, International Bank of Corpus Christi, Southern National Bank, Texas Commerce Bank - Gulfway, MBank -South, and Western National. Mayor Jones inquired if the fee designated for services is a fixed price, and Mr. Garza replied that it is a unit price bid, and the more checks the City issues, the more cost to the City. Mayor Jones stated that the bids would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the staff for tabulation and recommendation. * * * * * * * * * * * * * Mayor Jones called for consideration of the consent motions on the following items: 1. Approval of specifications and authorization to receive bids May 22, 1985, for a twelve month service agreement, with option to extend for an addi- tional twelve months at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for automotive air conditioning repairs to City vehicles. Maintenance Services does not have personnel or equipment to perform these repairs. Estimated annual expenditure is $25,000. 2. Approving purchase of two dump bodies and hoist assemblies for the Waste- water Division based on low bid from Summit Services for $6,900. Nine bid invitations were issued and three bids received. Equipment is included in the 1984-85 Capital Outlay Budget. 3. Approving purchase of vans for various City departments based on low bids as follows: utes ..egular Council Meeting May 7, 1985 Page 5 Bay Auto Company, Inc. Bid Item 1, 3 ea. @ $10,147.26 Bid Item 6, 2 ea. @ $10,838.80 TOTAL: $52,119.38 Tradewinds Ford Sales Bid Item 3, 1 ea. @ $11,299.00 Bid Item 4, 2 ea. @ $11,133.00 Bid Item 5, 2 ea. @ $12,280.00 TOTAL: $58,125.00 GRAND TOTAL: $110,244.38 4. Approving 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 chain, hooks, and cold shuts, manila and sisal rope, wire rope, guy wire and wire rope clips, to Golden Wire Rope Company, based on low bid of $8,815.93. These items are to be stocked in the City Warehouse. Thirteen bid invitations were issued and seven bids received. Prices have decreased approximately 18% from last contract of July 1983. 5. Approving the appointment of Peat, Marwick, Mitchell & Co. to perform the following audits for the fiscal year ending July 31, 1985: City Annual Financial Audit Federal Grants Single Audit Corpus Christi Rousing Finance Corporation UMTA Section 15 Report $55,500 6,000 3,000 1,200 $65,700 6. Approving an intergovernmental cooperative agreement with Nueces County under which Nueces County will provide $200,000 for the purchase of books and periodicals which will be on permanent loan to the Corpus Christi Library System, and the City of Corpus Christi agrees to allow Nueces County residents outside of the City of Corpus Christi to utilize library facilities on the same basis as residents of the City of Corpus Christi through the year 1994. 7. Amending, prior to third reading, the ordinance lowering Central Power and Light Company's fuel factors. This motion reflects the most current CP&L fuel factor calculations. It also provides for prompt refund of customer monies overcollected from September 1, 1983, through April 30, 1985, in lump sum or one time credit. 8. A public hearing be scheduled for May 28, 1985, on the closure request of a 10 foot wide alley in Block 36, Del Mar Subdivision and a portion of public right-of-way at the South Staples/Clifford Street intersection. The First State Bank of Corpus Christi has requested the closures and has further requested the interim use of portions of public right-of-way of South Staples Street and Clifford Street which will also be considered at the public hearing. Minutes Regular Council Meeting May 7, 1985 Page 6 Mayor Pro Tem Best referred to item 5 and noted that according to the memorandum presented to the Council, five bids were received and one local company submitted a proposal that was lower than the one recommended. He inquired as to why this one was recommended. City Manager Martin explained that Peat, Marwick, Mitchell, and Company is a local firm, and that these are not actually bids but proposals. He stated the primary factor is that the City wants to appoint a firm that has an employee locally who is familiar with our situation, and the staff is of the opinion that this firm presented the best proposal. He explained that the procedure is to select the firm and then negotiate the fee, similar to the method used in agreements with engineering firms and architects. He assured the Council that the City cannot actually request that the companies bid because this is against the law and there is no requirement for competitive bidding. Mr. Garza explained that the staff bases their recommendation on the experience and reputation of the firm, the individuals, and the resources that are available to the firm on a national basis. In reference to item 6, Council Member Slavik inquired if it would not be appropriate to send Nueces County a thank -you letter for their assistance on funds for the completion of the Central Library. Mayor Jones stated that he would be glad to write Judge Robert Barnes on behalf of the Council, but pointed out that Nueces County is actually receiving something that they have never had before which is free library service for their citizens for ten years. In answer to a question from the Council, City Manager Martin assured the Council that item 5 approved a contract with Peat, Marwick, Mitchell, and Company and that Mr. Javier Chapa's selection by the firm as a subcontractor would not pose a conflict of interest problem. Mr. Chapa serves on the Planning Commission. Mayor Pro Tem Best referred to item 8 and inquired about the reason for this proposed closure request of public right-of-way at the South Staples/Clifford Street intersection. City Manager Martin explained that this will have the effect of protecting the area in that they are proposing to close an alley as well as a piece of property near the triangle at the intersection referred to. Assistant City Manager James K. Lontos assured the Council that the cut -through at this triangle will remain open. He stated that he has requested the applicants to bring a complete site plan for the public hearing scheduled for May 28, and stated that they are actually requesting the closure of more than the City is willing to recommend. He stated that the City is willing to close only the alley and a portion of the cut -through that is in existence. Mayor Jones called for comments from the audience on the consent motions; no one spoke. lutes gular Council Meeting May 7, 1985 Page 7 A motion was made by Council Member Berlanga that the consent motions, items 1 through 8, be approved; seconded by Mayor Pro Tem Best; and passed unanimously. * * * * * * * * * * * * Mayor Jones called for consideration of the consent ordinances and ordinances from previous meetings on items 9 through 14. City Manager Martin referred to Ordinance 14, which is the third reading of the ordinance pertaining to the Central Power and Light Company's proposal to refund overrecoveries for fuel costs. He explained that the City staff has been concerned about the ruling of the Public Utilities Commission, and at the hearing, upon the recommendation of the PUC Staff, the Commission planned to provide for a prospective refund in that next year CP&L would reduce everyone's utility bills. He stated that the City staff is of the opinion that the prospective refund presents problems; the PUC agreed with the City this morning; and a one time refund will be in order. Mr. Doyle Bryant, Central Power and Light Company representative, explained that he felt that the refund would be made to the customer by check if it is more than $10 and if it is less than that, a credit would be given to the customer. City Manager Martin assured the Council that CP&L is in total agreement with the ordinance under consideration. Mayor Jones called for comments from the audience on the consent ordinances and there was no response. City Secretary Chapa polled the Council for their votes on the ordinances and the following were passed unanimously: 9. ORDINANCE NO. 18817 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 38 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION; APPRO- PRIATING $5,899; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 10. ORDINANCE NO. 18818 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION ACT CONTRACT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE PER- FORMANCE OF A SKID TESTING PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." , Minutes Regular Council Meeting May 7, 1985 Page 8 11. ORDINANCE N0. 18819 AUTHORIZING THE EXECUTION OF A CONTRACT WITH RICHARD L. BROWN AND STANLEY R. BROWN, A JOINT VENTURE, FOR DRAINAGE IMPROVEMENTS ALONG SUNNYBROOK DRIVE FROM AYERS STREET TO KOSTORYZ ROAD; APPROPRIATING $135,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 12. ORDINANCE NO. 18820 AUTHORIZING THE EXECUTION OF A CONTRACT WITH JOE L. WILLIAMS FOR ARCHI- TECTURAL SERVICES FOR ADDITIONAL IMPROVEMENTS AT THE ANIMAL SHELTER; APPROPRIATING $81,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 13. FIRST READING AMENDING CHAPTER 35, OIL AND GAS WELLS, SECTION 35-80, INSURANCE AND BONDS, AND SECTION 35-130(G)(1), WELLS TO BE ABANDONED, TO PROVIDE THAT OIL AND GAS WELL OPERATORS MAY POST IRREVOCABLE LETTERS OF CREDIT IN LIEU OF REQUIRED BONDS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the first time and passed to its second reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 14. THIRD READING - ORDINANCE N0. 18821 AN ORDINANCE DETERMINING THAT THE PRESENT FUEL FACTOR OF CENTRAL POWER AND LIGHT COMPANY SET BY THE PUBLIC UTILITY COMMISSION OF TEXAS IS UNREASONABLE AND DETERMINING A JUST AND REASONABLE FUEL FACTOR TO BE CHARGED BY CENTRAL POWER AND LIGHT COMPANY WITHIN THE CORPORATE LIMITS; PROVIDING FOR SEVERABILITY AND REPEAL OF CONFLICTING ORDINANCES. The ordinance was read for the third time and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." * * * * * * * * * * * * * *15. Plans and specifications be approved and bids be received on May 28, 1985, for sliplining of the Oso Trunk Sanitary Sewer System, Phase I. This project consists of inserting a 36" diameter slipliner inside approximately 6,000 linear feet of 42" diameter concrete sanitary sewer in the Gulfway Airline/Candlewood area of the City, which has deteriorated rapidly in the past year. , autes ..egular Council Meeting May 7, 1985 Page 9 City Manager Martin stated that he would like to withdraw this motion for one week to resolve some problems with the recommendation. *Withdrawn * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following street closing: 16. STREET CLOSING - a portion of a cul-de-sac at the east end of Cactus Road in former Cabaniss Field properties. The closure request has been submitted because of the replat of the properties adjacent to the cul-de-sac and because Cactus Road is being extended through the cul-de-sac thereby creating minor excess right-of-way. Assistant City Manager Lontos located the area on a transparency and displayed the portion to be closed. He stated that the staff has no objection to the requested closing. Mayor Jones inquired if anyone in the audience wished to speak in opposition to this street closing. No one indicated opposition. A motion was made by Council Member Mendez that the hearing be closed, seconded by Mayor Pro Tem Best, and passed unanimously. * * * * * * * * * * * * 17. STREET CLOSING - A 30 foot wide portion of unopened roadway adjacent to Wooldridge Creek Unit 6, Lot 3, known as Cimarron Boulevard. The Master Transportation Plan does not envision the use of this right-of-way for the future extension of Cimarron Boulevard, and no utility purposes are planned for this section of right-of-way. Assistant City Manager Lontos displayed a map showing Cimarron Boulevard and Airline Road showing their relationship to each other. He stated that closing the portion recommended would be in compliance with the Master Transportation Plan and provided background information on the history of Airline Road, which was previously planned to turn and extend southward. He stated that there was opposition to this plan several years ago from the property owners of the area in which Airline Road previously existed and the Master Transportation Plan was amended to allow for an extension of Airline Road to be called Cimarron Boulevard and the continuation of Airline Road in a southeasterly direction. He stated that if this portion of roadway is closed, Cimarron Boulevard will curve to connect with Airline Road and this is recommended for better traffic control. He assured the Council that both Cimarron and Airline would be major thoroughfares. Mr. Lontos continued his explanation and stated that the request for the street closing was made by J.L. Watson. He stated that if the Master Plan, as proposed and approved, is implemented in this fashion, this portion of Cimarron is not needed. He stated that the staff does not recommend closing the other 20 feet of the street at this time and when this property is platted, the City could make some arrangements with the owners to have a major type of connection Minutes Regular Council Meeting May 7, 1985 Page 10 to Airline Road; therefore, the Staff recommends that the City retain the 20 feet on the east side of the portion to be closed. Council Member Slavik inquired about the date this change was made in Airline Road, and Mr. Larry Wenger, Director of Planning, stated that it was made in 1980 but was formally adopted in 1982. Mr. Lontos provided additional explanation by stating that the staff recommended turning Airline directly south but there was so much protest from property owners, that the Council decided to continue Airline and establish Cimarron Boulevard as well. Council Member Pruet referred to Misty Meadow Street which extends to Cimarron and inquired if at the point where Cimarron extends off of Airline, if a double right turn lane would be established. Mr. Lontos indicated that that had not been determined at this time. Council Member Pruet asked if it would not be possible to get all of the property owners involved to consider this so they would be aware of the plan, and Mr. Lontos stated that it is difficult to have a meeting of all of the property owners together. Mr. Pruet indicated that he felt that it is preferable for all of the property owners to be aware of this. He stated that he personally agreed that the design would be good, but questioned why only 30 feet of the street was to be closed. Mr. Lontos stated that if the Council desires to delay this, the staff could make another attempt to contact the property owners. He stated that there was some question about the closing because Mr. Tim Clower had indicated to him shortly before the meeting that Mr. J.L. Watson was the applicant who requested the street closing and Mr. Clower was of the opinion that Mr. Watson no longer owns the property. He stated that the reason the staff recommends only 30 feet of right-of-way to be closed is because they might need additional right-of-way dedication. A motion was made by Council Member Pruet that the Council delay action on this street closing request, seconded by Council Member Mendez, and passed unanimously. * * * * * * * * * * * * * 18. ANNEXATION - 60.34 -acre tract of land out of Lots 3 and 4, Section 1, Nueces River Irrigation Park, owned by Sherrod Construction Company, a General Partnership, located on the east side of County Road 69, south of FM 624. Mr. Larry Wenger, Director of Planning, stated that this tract of land is one mile from FM 624 and Highway 77. He stated that the frontage is zoned "B-4" and the property to be annexed has been prezoned for "B-4." He stated that they are in the process of planning a business type park and since the area is prezoned "8-4", it will be annexed under that zoning rather than "R -1B." lutes .gular Council Meeting May 7, 1985 Page 11 Council Member Slavik pointed out that taxes will be generated from this annexation and inquired if the name of it is Nueces River Irrigation Park. Mr. Wenger stated that that is the name of the subdivision and the owner is Sherrod Construction Company. Mayor Jones called for comments from the audience and there was no response. A motion was made by Council Member Mendez that the hearing be closed, seconded by Mayor Pro Tem Best, and passed unanimously. City Secretary Chapa informed the Council that the first reading of the ordinance effecting the street closing at the east end of Cactus Road and the first reading of the ordinance authorizing the annexation contract will be on the agenda next week. * * * * * * * * * * * * * Mayor Jones announced the public hearings on four zoning applications. 19. Application No. 485-2, Emporium General Partnership: "R -IB" One -family Dwelling District to "B-1" Neighborhood Business District being the north- west 66 feet of Lot 11, Block 6, Gardendale, located on the north side of Cain Drive, approximately 425' west of South Staples Street. Assistant City Manager Tom Utter informed the Council that the owner of the property is Mrs. Marjorie D. Hanes. He stated that in response to the 13 notices of the public hearing, four in favor and none in opposition had been returned. He stated that the Planning Commission recommends approval, but the Planning Staff recommends denial. 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. He stated that a house is located on the tract. Mayor Jones called on the applicant to speak. Mr. Jack Solka, 6262 Weber, representing the applicant, presented brochures to the Council and displayed a rendering of plans for use of the property. He stated that the plan is to expand a successful project, noting that the primary project is almost completed and the owners decided to install additional office and condominium units and that is the reason for the request -- to acquire the additional property for expansion of their project. He noted that the property across the street belongs to the Gardendale Baptist Church and will probably not be subject to business development. He assured the Council that the Church is in favor of this project. Council Member Mendez noted that on the present property line, it had been mentioned that landscaping would be installed and Mr. Solka stated that that is correct. Minutes Regular Council Meeting May 7, 1985 Page 12 Mr. Solka then provided photographs of the building for the Council. Mayor Jones noted that the staff expressed concern about the extension of commercial property into the residential area. Mrs. Sisto, property owner next to the subject property, stated that she is in favor of this project. Mr. Jack Martin pointed out that this particular lot has a house that is unoccupied and he was of the opinion that the proposed use of the property will actually improve the neighborhood. Council Member Guerrero stated that one of the problems that Gardendale Baptist Church has always had and one of the reasons they purchased the property referred to for expansion was to increase the number of parking spaces. He noted that the Church does have a parking problem and inquired if the Emporium General Partnership property parking lot could be used by Gardendale Baptist Church. Mr. Martin stated that they have agreed with the Church that when they have an unusually large crowd, they could use a few of the parking spaces on their property. Council Member McComb inquired if the partnership has any use for the house that is located on the land, noting that the City could use it in their relocation program. Council Member Slavik stated that she is concerned about traffic in the area and also concerned about the staff recommendation for denial. Mr. Wenger explained that residential property that is located next to "B-1" or "B-4" zoned property is difficult to rent and that is the reason the staff recommends denial in this type of situation, rather than allowing further extension into a residential neighborhood. Mayor Jones called for those who wished to speak in opposition and no one did. A motion was made by Council Member Strong that the hearing be closed, seconded by Council Member Slavik and passed unanimously. Council Member Strong summarized the situation by pointing out that there is a successful business that is very attractive that has almost been completed; this is a situation whereby this project will be further improved and will remove an unoccupied house from the neighborhood; there has been favorable input from the neighbors; and since Staples is the main arterial street rather than Cain Street, she felt that this zoning should be approved. nutes :gular Council Meeting May 7, 1985 Page 13 City Secretary Chapa polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: ORDINANCE 18822 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF EMPORIUM GENERAL PARTNERSHIP BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 11, BLOCK 6, GARDENDALE, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." * * * * * * * * * * * * 20. Application No. 285-12, Humana, Inc.: For a change of zoning from "B-1" Neighborhood Business District and "B-4" General Business District to "B-5" Primary Business District on Lots 6, 8, 9, and 10, H. E. Butt Tract, located on the southwest corner of South Alameda Street and Texan Trail. Mr. Utter stated that in response to the 17 notices of the public hearing, one in favor and two in opposition had been returned. He informed the Council that the Planning Commission originally recommended denial of the "B-5" zoning, and in lieu thereof that a Special Permit be granted for the existing signage, subject to acceptable site plans, but since no site plans were received within 45 days, the Planning Commission recommended denial of this request. He stated that the Planning Staff's recommendation is for denial of the "B-5" zoning, but the staff recommends either granting "B-4" on Lot 6, which is the large lot or on both lots 5 and 6 to grant a special permit for the existing signage. He noted that if the Council grants "B-4" zoning on lot 6 and denies the "B-5" zoning on lot 5, Humana Hospital will have to remove the signs from the setback, but they may retain the signs. He explained that the special permit for the existing signs could be granted. He explained further that the staff feels that the most equitable thing to do would be to grant a special permit similar to that which was granted for Spohn Hospital. He stated that Humana Hospital does not have any signs that are not on their own property, whereas Spohn Hospital had signs in the City easements. In response to Council Member Slavik's inquiry, Mr. Utter stated that he was of the opinion that the two letters of opposition were to the change of zoning, not the retention of the signs. Mayor Jones inquired if anyone was present to speak in opposition to the signs under a special permit, and there was indication that people were there to speak in opposition. Mayor Jones then called on a representative of the applicant to address the Council. Minutes Regular Council Meeting May 7, 1985 Page 14 Mr. David Smith, 900 Wilson Building, attorney representing Humana Hospital, agreed that the signs were erected in violation of the ordinance and they did not submit a site plan in the required 45 days. He assured the Council that they would be happy to accept the special permit to allow the existing signs. He urged approval of the special permit to allow the signs to continue to exist. Mr. Alan Potter stated that he owns a fourplex across the street from the hospital. He expressed the opinion that if this special permit is approved, the City will be placed in a position of discriminating against sign companies and land owners who comply with the City's zoning ordinances. He objected to the signs being improperly installed after and expressed the opinion that the signs should be moved inside the property setback because pfeperty owners should comply with existing zoning and with City ordinances. Mr. Potter pointed out that this hospital is located in a fairly open area and any signs installed would be very visible. Mr. Mendez pointed out that at the Planning Commission hearing, Mr. Potter had indicated that he was not opposed to a special permit, and Mr. Potter has now stated that he is opposed to the special permit, but he would prefer that rather than a change of zoning. Mr. Calvin Floyd inquired if the signs were installed with a city permit, and Mr. Utter replied affirmatively. Mr. Floyd continued by stating that the signs were inspected by a building inspector and an electrical inspector. Mayor Pro Tem Best inquired of the staff why these things happened and erroneous building permits are issued. Mr. Utter assured him that the permit stated specifically "20' setback required." He noted that the electrical inspector would only inspect the electrical work, not the location of the signs and the inspection simply did not catch the fact that the signs were installed in the setback area. He pointed out that in terms of the large number of permits that are issued, there are going to be human errors. Council Member Berlanga stated that the only way to stop this practice is to see that the permits are issued properly and that proper inspections are made. Council Member Strong asked how far back the signs were located. Mr. Utter replied that each sign varies; one is 16 feet back; one is 3 feet back; one is 14 feet; one is 16 feet; and one is 13.2 feet back. Mr. Wenger displayed slides which showed the location of the signs and noted that the signs are so large that there are more restrictions for these signs under the existing zoning. nu t ea .gular Council Meeting May.7, 1985 Page 15 Council Member McComb stated that he voted "no" on the Spohn Hospital application because approval would just encourage people to do just whatever they wanted to do, and if an inspector discovers an erroneous sign, all they have to do is go to the City Council to obtain a variance or a special permit. He stated that the ordinance was designed for a purpose and approving this type of zoning application violates the ordinance. Mr. Utter stated that he had previously provided the Council with erroneous information regarding the City permits. He stated that the signs were installed without a permit; the City discovered the illegality; and the permit forms required the 20 foot setback. He assured the Council that there was no failure on the part of the City inspectors. Mr. Smith spoke again and stated that perhaps he was in error in stating that City permits had been obtained. He stated that Humana hired a local company to install the sign, instructed them to put the signs up, and obviously the company did not install them properly. He assured the Council that Humana did not deliberately attempt to illegally install the signs and noted that the signs have been located there for two years. Council Member Pruet pointed out that the Council could deny the request and the special permit and Humana would have to have the sign company move the signs, probably at their expense. No one else spoke in regard to this zoning application. A motion was made by Council Member Guerrero that the hearing be closed, seconded by Council Member Mendez and passed unanimously. Mr. Utter reminded the Council that anything other than denial would require six affirmative votes, because the Planning Commission recommended denial under a technicality that the site plan was not submitted within the required 45 days. A motion was made by Mayor Pro Tem Best that the requested zoning of "B-5" be denied, but in lieu thereof a special permit be granted for the signs that now exist according to an approved site plan. The motion was seconded by Council Member Mendez, and passed by the following vote: Jones, Best, Mendez, Pruet, and Slavik voting "aye"; Berlanga, Guerrero, McComb, and Strong voting "no." * * * * * * * * * * * * * 21. Application No. 283-13, Exxon Corporation: For a change of zoning from "R-113" One -family Dwelling District and "R -1B" One -family Dwelling District with "SP" Special Permit to "B-1" Neighborhood Business District on Lots 1 through 4, and southeast 18.5 feet of Lot 5, Block 817, Port Aransas Cliffs, located on the northwest corner of Topeka Street and Doddridge Streets. Minutes Regular Council Meeting May 7, 1985 Page 16 Mr. Utter informed the Council that in response to the 13 notices of the public hearing, 1 in favor and 7 in opposition had been returned, and stated that the Planning Commission and Planning Staff both recommend denial of this request. He stated that the 20% rule is in effect on this zoning case. Mr. Wenger located the area on the zoning and land use map, described the use in the surrounding area, and stated that the Exxon Service Station had purchased two additional lots extending down Topeka Street. He then showed slides of the vicinity. Mayor Jones invited the applicant to speak at this time. Mr. Murray Bass, of Murray & Bass Engineering firm, stated that they had filed the application on behalf of Exxon Corporation and he would like to introduce their representative at this time. Mr. Lyle D. Rowbury, of the marketing department of Exxon, presented drawings to the Council showing their plans for the improvements to this service station. He explained that this service station has been at this location since 1949 and in the 1960's, Exxon purchased additional property at the rear, and at that time, they planned to install an eight base service stall. He explained that they plan to expand their service stations so they can better utilize their property and relieve congestion and they will install a 6 -foot cedar screening fence where the property abuts the residential areas. He informed the Council that a large canopy will be constructed on the front of the building and the base will be turned facing Doddridge Street. He informed the Council that Exxon is establishing new style service stations all over the country and even though they are a large corporation, they are trying to help the neighborhoods in which their stations are located. Mr. Rowbury then displayed slides of the new design of stations and noted that it is a side bay type of concept. He stated that they also install landscaping at their stations and further explained their plans for this particular location, assuring the Council that they are willing to install a screening fence between their property and the residential property. He stated that they will also install a planted area and automatic sprinkler system to water the plants. He stated that they do not plan to change the location of their driveways and there will be no traffic exiting onto Topeka Street. He stated that the home was installed next door after the service station was constructed. He pointed out also that their stations are being constructed with subdued lighting. Mr. Rowbury continued by stating that if this is approved, the City's tax base will be increased; it will give value to the City; and this service station is needed in this area. He stated that all they really want to do is change the station around slightly and if the Council feels that they cannot grant the change of zoning, they would like to have a special permit with the changed location and landscaping. nutes gular Council Meeting May .7, 1985 Page 17 Council Member Strong inquired about their plans to install the fence, and Mr. Rowbury assured her that the fence can extend all the way to Alameda Street and there will be no access off Topeka. Council Member Strong inquired if they would be willing to accept a special permit and retain the grassy area on the lots that will not be used, and Mr. Rowbury stated that they will be glad to accept a special permit for the changes they plan. Mayor Jones invited the opposition to speak at this time. Mr. Paul Harryman, 3751 Topeka, informed the Council that his property adjoins the Exxon property. He pointed out that Topeka is a narrow, small street and that the Exxon station already encroaches into the entrance to the street. Mr. Harryman also expressed the opinion that Exxon has done a very poor job of maintaining the property in the past and he did not believe that this would be an asset to the neighborhood. He pointed out that there are too many service stations in the area already. Mayor Jones reminded Mr. Harryman that Exxon has been located there for 20 years and they will continue to do so whether this is approved or not. He asked Mr. Harryman what he really objected to. Mr. Harryman stated that he does not feel that business is appropriate in this location. Mrs. Cynthia Harryman stated that they realize that the Exxon station was located there when they purchased their home, but they did not know that the additional lots were owned by Exxon and if they had known that, they would have hesitated about purchasing the house. She noted that if Exxon moves adjacent to their property, the situation will be much worse than it is now. Mr. Harryman again spoke and stated that Exxon has never maintained the property adjacent to his lot and he did not think they would do so properly now. Council Member Mendez stated that if the Council grants a special permit, they could include requirements for greenery, maintenance, etc. Council Member Berlanga pointed out that the Harryman's had purchased their property after the Exxon station had already located there. Mr. James Thomas, the Exxon dealer at the subject location, stated that he has been there since 1971. He expressed the opinion that there is a very strong need for a full service station and Exxon is remodeling their stations to make them quite beautiful. He stated that without this special permit, Exxon will not be able to continue as a full service station. He expressed the opinion that if Exxon spends $500,000 to remodel this station, they will certainly take care of the planted areas. He expressed the opinion that the added landscaping will definitely enhance the neighborhood. Minutes Regular Council Meeting May 7, 1985 Page 18 Mr. Wenger informed the Council that some of the opposition was from the residential owners, but most of the opposition expressed was from the owners of another service station and from the owner of Lamar Park Shopping Center. Council Member Guerrero stated that he had agreed with the statement made by Council Member Strong that denying this application will not require Exxon to move the station. He pointed out that under the "R -1B" zoning, Exxon could just install asphalt and let the lots remain that way. He stated that since the company owns the property, he felt that the Council should allow them to make the best of the situation. Council Member McComb inquired of Mr. Thomas if part of his agreement with Exxon was that he maintain the property, and Mr. Thomas stated that he hires someone to mow the grass. Mr. Rowbury interjected that if the two lots are improved with additional planted areas, Mr. Thomas would be responsible for maintaining those areas, and Mr. Thomas agreed that he would have to maintain the property if Exxon did that. Mr. Pat Flynn, owner of the property on Alameda that adjoins Exxon and the owner of the Godwin Shop, asked the Exxon representative if he had a picture of the signage that would be installed there. Mr. Rowbury stated that the signage would be on the front portion of the property, not on these two lots under discussion. Mr. Flynn stated that in the past there has been more than one sign at this station and he would like to know if the City representatives are enforcing the sign ordinance on the inside of the bay. Mr. Wenger explained the type of signage that is allowed in "B-1" zoning and explained that at this time a canopy is considered; therefore, a sign can be placed on that structure. He stated that signs can also be placed on the building. Assistant City Manager Utter stated that he had briefly spoken with the Exxon representative and the adjacent property owners, Mr. and Mrs. Berryman, and he would like to suggest that the Council recess the hearing for one week in order to resolve some of the problems, noting that it might be possible to work things out so that all parties are agreeable. Council Member Pruet suggested that the special permit be granted and allow the principals involved to work out the details on the site plan. Council Member McComb, noting that Mr. Rowbury is here from Houston and noting that the principals involved are present at this time, suggested that the hearing be recessed for one hour, during which time those involved could discuss a possible solution. mutes egular Council Meeting May. 7, 1985 Page 19 A motion was made by Council Member McComb that the hearing be recessed for one hour, seconded by Mayor Pro Tem Best and passed unanimously. The hearing was recessed until 6:15 p.m. * * * * * * * * * * * * 22. Application No. 285-7 C.E.B. Development Company: For a change of zoning from "AB" Professional Office District with 'SP' Special Permit and "B-1" Neighborhood Business District to "B-4" General Business District on Lot 2, Block 1, Stonegate North Unit 1, located on the west side of Everhart Road, between Curtis Clark and Bonner Drives. Mr. Utter informed the Council that in response to the 41 notices of the public hearing, none in favor and 15 in opposition, plus 4 outside the 200' notification in opposition, and a petition with 12 names in opposition, 5 of which were within the 200' area, had been received. He stated that the Planning Commission and Planning Staff recommend denial of the requested zoning of "B-4", but in lieu thereof grant a special permit for one free standing sign. He stated that most of the letters of opposition are from the townhouses in the area and primarily those residents are opposed to the "B-4" zoning because of the possibility of a lounge or bar being located there. 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 which displayed the sign that is now in existence. He stated that the plans are to locate the sign on the corner of the shopping center and the reason they want the sign on the corner is because around the corner is a liquor store that is difficult to see. Mayor Jones called on the applicant to speak. Mr. Jack Solka, 6262 Weber, architect representing the applicant, stated that they do not really want the "B-4" zoning because their request is solely for an additional sign. He emphasized that this company has complied with the ordinances in that they have not erected a sign and then asked for a permit. He stated that they want the sign installed to more effectively advertise shops around the corner from Everhart. He pointed out that there are eight or nine signs across the street from this property that are illegally installed. Speaking in opposition to this request was Mr. George Resnick, 5424 Stonegate. He stated that the Village Park townhomes consist of a 30 -unit complex and he is speaking on behalf of those owners. He stated that the purpose of the request to install the signs is to increase business and subsequently increase traffic and they are concerned that they will have additional traffic on their street. He stated that they are in opposition to rezoning this area to "B-4" and they are strongly opposed to any action that might lead to the change of zoning from "B-1" to "B-4." Minutes Regular Council Meeting May 7, 1985 Page 20 Council Member McComb assured Mr. Resnick that he did not think anyone on the Council would approve "B-4" zoning at this location because the signage problem is the thing that is actually being considered. He inquired of Mr. Resnick if he is opposed to the signage. Mr. Resnick replied that he would not be very happy about a sign advertising the liquor store, but if nothing happens except the installation of the sign, he did not think that their property would be endangered. He stated that he felt that approval of more signs would eventually lead to "B-4" zoning of the property. Mr. McComb assured him that any increase in traffic would probably be on Everhart rather than Stonegate. Mr. Solka explained that the Nautilus Club was located around the corner for seven years; that operation is not longer in existence; a liquor store is located in one-half of the space; and 20 square feet of the 40 square foot sign would advertise the liquor store with the remaining 20 square feet to advertise whatever business is installed in the other portion at this location. Mr. Resnick pointed out that the property owners in the vicinity had received notices of the "B-4" zoning, not the special permit. Mr. Utter explained that the staff has to advertise this hearing and not advertise the proposed ordinance and that is the reason the notices must indicate the requested zoning rather than a special permit. No one else spoke in regard to this zoning case. A motion was made by Mayor Pro Tem Best that the hearing be closed, seconded by Council Member Strong, and passed unanimously. Council Member Mendez stated that he concurs with the Planning Commission's recommendation that "B-4" zoning be denied, but approve a special permit for a sign according to the approved site plan. City Secretary Chapa polled the Council for their vote granting the special permit and it passed as follows: ORDINANCE N0. 18223 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF C.E.B. DEVELOPMENT COMPANY BY GRANTING A SPECIAL COUNCIL PERMIT FOR A SIGN ON A PORTION OUT OF LOT 2, BLOCK 1, STONEGATE NORTH UNIT 1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." lutes .egular Council Meeting ' May'7, 1985 Page 21 Council Member Pruet asked what could be done to more adequately inform people on what actually is being requested on zoning cases. Mr. Utter stated that under the existing ordinance, one cannot apply for a special permit but he assured the Council that they would investigate this matter to see if it would be possible to amend the ordinance. * * * * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Calvin Floyd addressed the Council again and registered a complaint that a developer of a commercial building, who has a design by a professional engineer, still has to come in to have a member of the City's Engineering staff approve it. He asked that if the City's engineers are good enough to approve other engineering firms' drawings, why it is necessary to employ outside engineers for different projects. City Manager Martin stated that the City does not employ people just to check plans. He stated that the reason for employment of outside engineering firms is that it would be a waste of money to employ specialized engineers, for instance, sewer plant designers, when they would only be needed for certain projects. He stated that it is more economical to employ outside engineering firms for certain specialities. Council Member Berlanga referred to the statement he had made earlier in the meeting in that he would like to see something done to improve the signs on Peoples Street. He stated that he was serious about that and he would like for the staff to investigate the possibility of adding seagulls or some decorative touch to improve the appearance. City Manager Martin reiterated that the Council approved the design of the light standards and the only thing to be done to improve them is to have them redesigned. Council Member Slavik suggested that the Municipal Arts Commission study this. Mayor Jones suggested that the Council go into closed session to discuss personnel matters after a five minute recess at 5:40 p.m. A motion was made by Council Member Berlanga that the Council convene in closed session to discuss personnel matters, seconded by Council Member Guerrero, and passed unanimously. City Secretary Chapa stated that the Council is reconvening in closed session under the authority of Article 6252-17 of V.A.C.S. to discuss personnel. * * * * * * * * * * * * * Minutes Regular Council Meeting May 7, 1985 Page 22 Mayor Jones reconvened the regular Council Meeting at 5:47 p.m. to consider the recessed public hearing on the zoning application for Exxon Corporation. The Mayor stated that Mr. Utter had worked out a deal with the parties involved and asked him to briefly explain it. Mr. Utter explained the plan that had been worked out and indicated that the staff concurs. He stated that they plan to utilize the existing site plan and the adjacent property owners have agreed to the plan, provided Exxon will maintain the fence, and agrees to dedicate a piece of property to the adjacent property owner, subject to the approval of the Exxon home office. He pointed out the portion of land to be dedicated to the adjacent property owners and the area to be planted with greenery and maintained by Exxon. A motion was made by Mayor Pro Tem Best that the hearing be closed, seconded by Council Member Mendez, and passed unanimously. A motion was made by Council Member Pruet that the requested zoning on Application No. 283-13 be denied and in lieu thereof that a revised special permit be approved to allow for the construction of a service station, subject to the dedication of a 20 foot by 78 foot portion of this property to the owner whose property abuts on the north; that Exxon be required to install a new standard screening fence along the new property line and 60' west of the west right-of-way line of Topeka Street; such area to have grass, plants, and an underground irrigation system installed and maintained as a green buffer area, all in accordance with a revised site plan. The motion was seconded by Mayor Pro Tem Best, and passed unanimously. The Council then reconvened into executive session at 5:55 p.m. * * * * * * * * * * * * * Mayor Jones reconvened the Regular Council Meeting at 7:05 p.m. There being no further business to come before the Council, on motion by Mayor Pro Tem Best, seconded by Council Member Pruet and passed unanimously, the Regular Council Meeting was adjourned at 7:05 p.m., May 7, 1985. DZ/td