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HomeMy WebLinkAboutMinutes City Council - 06/18/1985MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 18, 1985 2:00 P.M. PRESENT: Mayor Pro Tem Dr. Jack Best Council Members: David Berlanga, Sr. City Manager Edward A. Martin Leo Guerrero City Attorney J. Bruce Aycock * Joe McComb City Secretary Armando Chapa Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong ABSENT: Mayor Luther Jones Mayor Pro Tem Jack Best called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Raymond Flores of Genesis Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member David Berlanga, Sr. 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 Council Meeting of June 11, 1985 be approved as presented; seconded by Council Member Bill Pruet; and passed unanimously. Mayor Pro Tem Best administered the oath to the following new appointees to Boards and Commissions: Mr. Thomas E. Haggard, Electrical Advisory Board and Mr. B. E. Beecroft, Building Code Board of Appeals. MICROFILMED Minutes Regular Council Meeting June 18, 1985 Page 2 Mayor Pro Tem Best called for Board and Commission Appointments. A motion was made by Council Member Guerrero that the following appointment be confirmed, seconded by Council Member Linda Strong and passed unanimously. PLANNING COMMISSION: TERM: Miss Nora Garcia 7-31-86 * * * * * * * * Mayor Pro Tem Best recognized Council Member Guerrero for a presentation on Cabs on Patrol. Council Member Guerrero explained that the program is devised to train cab drivers to spot burglaries and other criminal acts; it is sponsored by First City Bank; Police Chief Bill Banner will hold meetings to train the cab drivers; the cab drivers will then report to their dispatcher any possible criminal acts that may be occurring; and the dispatcher will then notify the Police Department to respond to the call. * Council Member Joe McComb arrived at the meeting at 2:10 p.m. Council Member Guerrero continued by introducing representatives of the taxicab companies who were present. He expressed appreciation to the cab drivers who will participate in this program. Mr. Jim Fischer of Yellow Cab Company stated that they are willing to do anything possible to make the City safer. He suggested that they place a speed dial on their dispatcher's telephone to automatically notify the Police Department of any calls received from cab drivers. Mr. Victor Moreno, Jr., Red Top Taxicab Company, also expressed appreciation to Council Member Guerrero for his efforts in making this program a reality. He expressed the opinion that the taxicab drivers will be able to contribute a great deal to combat crime and stated that he will be glad to have his cab drivers park near convenience stores after midnight where so many crimes occur. Chief Bill Banner stated that he felt that this is a very good program from many aspects and explained that he will be glad to meet with the cab drivers to assist in training them. He stated that this will be a valuable service to assist the police patrol officers. Council Member Guerrero pointed out that there will be no cost to the City of Corpus Christi for this service and then introduced Mrs. Thompson of the First City Bank of Corpus Christi. mutes ;ular Council Meeting .,une 18, 1985 Page 3 Mrs. Thompson explained that they are glad to sponsor CABS on Patrol. She informed the Council that they will also have cash prizes for the cab drivers who report the largest number of potential crimes. A motion was made by Council Member Guerrero that the program be adopted. The motion was seconded by Council Member Berlanga. Mayor Pro Tem Best called for comments from the audience before the vote was taken on the motion. Mr. Benny Benavidez, 2421 Cleo Street, expressed the opinion that there might be legal ramifications to this program and inquired as to who would be responsible for anything that might go wrong. He expressed the opinion that the Police Department has officers who handle crime and suggested that the Legal Department examine this before the plan is implemented. City Manager Martin responded by stating that the program does not anticipate asking the cab drivers to do anything more than report to their own dispatcher any suspicious acts that indicate a crime is in progress; they will not become involved with the crime; and also pointed out that there is no liability on the part of the cab drivers. Mayor Pro Tem Best called for the vote on the motion and it passed unanimously by those present and voting. Mayor Pro Tem Best announced the bid opening on the following engineering project: 1. Artesian Park and Temple Park Improvements - The project includes the construction of gazebos, arbors, area lighting, walkways, irrigation facilities, and other landscaping work in both parks. Funding will be provided through the use of 9th and 10th Year Community Development Block Grant Funds. Assistant City Manager James K. Lontos read bids on this project from the following firms: Black Brothers Construction Company; Bracco Construction Co., Inc.; Richard L. Brown, Contractor; Construction Assistance & Services, Inc.; T. Garza Construction Company; Hunt Construction Company, Inc.; The Lerma Company & Associates; and Stefek Construction Company. Mr. Lontos verified that all of the bidders had submitted the required bid security bond or check and that they had acknowledged receipt of Addendum No. 1. Mayor Pro Tem Best expressed appreciation to the bidders and stated that the bids will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. * * * * * * * * * Minutes Regular Council Meeting June 18, 1985 Page 4 Mayor Pro Tem Best called for consideration of the Consent Motions on the following items: 1. Approving the purchase of a diesel powered brush chipper for the Park Division, based on best bid, to World of Greens, for $13,390. Sixteen bid invitations were issued and seven bids received. Equipment is included in the 1984-85 Revenue Sharing Budget. 2. 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 lubricating oils, greases, solvent, motor oil, automatic transmission fluid, extreme pressure grease, molybdenum disulfide grease, wheel bearing grease, and anti -freeze to Industrial Lubricants Co., on the basis of best bid, for an estimated annual total expenditure of $119,638.40. These products are for the Maintenance Services Department to be used by appropriate City Divisions. 3. Approving plans and specifications for construction of a fence around the new City Hall site, and authorizing receipt of bids on July 10, 1985. 4. The Toll Booth Addition project in the parking lot at Corpus Christi International Airport be accepted and final payment of $15,419.83 be authorized to T. Garza Construction Company. This project provided for the addition of a third exit toll booth at the main parking lot along with widening in the vicinity of the toll booth to allow for three vehicles exiting simultaneously from the parking lot. The total cost of this work is $26,996.75. 5. The City Manager be authorized to execute an agreement with Universal Surety of America which provides for the City's acceptance of a proposal from M & M Construction Company to complete the Lexington Industrial Center and Manchester Place/Dona Park Sanitary Sewer project on which Ibanez Construction Company defaulted. Universal Surety is the bonding company for Ibanez Construction Company. M & M Construction has agreed to complete the project for $33,700, keeping the total costs within the original contract amount of $60,820. 6. Setting a public hearing for the Regular Council Meeting on July 9, 1985, on the proposed 1985-86 Budget for the City of Corpus Christi and on the proposed use of Revenue Sharing. Council Member Slavik referred to Item No. 5 and asked about the schedule for completion. Mr. Lontos explained that the project should be completed within 30 to 40 days; the original contractor defaulted; the City has negotiated with the bonding company; and the bonding company has selected M & M Construction Company to complete the project. lutes gular Council Meeting ine 18, 1985 Page 5 Mayor Pro Tem Best called for comments from the audience on the Consent Motions. No one spoke. A motion was made by Council Member Guerrero that the Consent Motions, Items 1 through 6, be approved; seconded by Council Member Pruet; and passed unanimously. Mayor Pro Tem Best called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on Items 7 through 18. City Manager Martin referred to Ordinance No. 7 which calls for passage of a resolution in regard to the collection of artifacts from a 1554 Spanish Shipwreck on Padre Island. He referred to the memorandum in regard to this and informed the Council that the Chairman of the Antiquities Committee has requested that a statement be inserted in the resolution to the effect that funds for maintenance and preservation of the artifacts will be included in the next bond program. He stated that he would recommend that the resolution be adopted without that statement and schedule this subject for a Workshop Meeting next week and add such a statement at a later date if the Council agrees. Mayor Pro Tem Best agreed with the City Manager's recommendation. In reference to Ordinance No. 14 which amends the drilling ordinance, Council Member Slavik inquired about the owner of Galicia Corporation and if this would affect any revenues for the City. Mr. James Conn, Petroleum Superintendent, assured the Council that it will not affect any revenues to the City. An unidentified gentleman in the audience stated that Mr. Gene Jones is the owner of Galicia Corporation and indicated that he is a local resident. City Manager Martin informed the Council that Ordinance No. 11 which grants a revocable easement above the sidewalk on Williams Street is located diagonally across the street from the old Penney's building. He stated that this is a very important item because there is a plan to eliminate the Bawana Club for use of that property in the Water Street complex which now includes Water Street Oyster Bar and Otra Vez Restaurant. Mayor Pro Tem Best called for comments from the audience and there was no response. City Secretary Chapa polled the Council for their votes and the following ordinances were passed: Minutes Regular Council Meeting June 18, 1985 Page 6 7. RESOLUTION NO. 18882: REQUESTING THE TEXAS ANTIQUITIES COMMITTEE TO DESIGNATE THE CORPUS CHRISTI MUSEUM AS THE DEPOSITORY FOR THE COLLECTION OF SPANISH SHIPWRECK ARTIFACTS FOUND OFF PADRE ISLAND KNOWN AS THE PLATORO/KEENAN/PURVIS COLLECTION; AUTHORIZING AND DIRECTING THE CITY SECRETARY TO FORWARD A COPY OF THIS RESOLUTION TO THE TEXAS ANTIQUITIES COMMITTEE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Jones, "absent". 8. ORDINANCE NO. 18883: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SOUTH BLUFF PLAZA PARTNERSHIP FOR THE TOTAL RECONSTRUCTION OF THE APPROXIMATE 250 FOOT LONG PARK ROAD ALONG THE NORTH SIDE OF BLUCHER PARK; APPROPRIATING $5,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Jones, "absent". 9. ORDINANCE NO. 18884: CLOSING AND ABANDONING THE 10 FOOT WIDE UTILITY EASEMENT IN BLOCK 10, MT. VERNON SUBDIVISION, UNIT 3, AND THE 15 FOOT WIDE UTILITY AND DRAINAGE EASEMENT IN LOT B2, MT. VERNON SUBDIVISION, UNIT 1, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Jones, "absent". 10. ORDINANCE NO. 18885: AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE RELOCATION AND INSTALLATION OF UNDER I.H. 37 BETWEEN THE MO PAC APPROPRIATING $790,000; AND DECLARING AN The Charter Rule was suspended and the vote: Best, Berlanga, Guerrero, McComb, voting, "Aye"; Jones, "absent". 11. ORDINANCE NO. 18886: WITH CLAUDE CHAPMAN CONSTRUCTION 12 INCH AND 36 INCH WATER LINES OVERPASS AND SHARPSBURG ROAD; EMERGENCY. ordinance passed by the following Mendez, Pruet, Slavik and Strong GRANTING A REVOCABLE EASEMENT TO CHARLES DeCOU FOR CONSTRUCTION OF FIVE BAY WINDOWS APPROXIMATELY 16 FEET ABOVE THE SIDEWALK LEVEL ADJACENT TO LOT 12, BLOCK 2, BEACH PORTION, WITHIN THE STREET RIGHT-OF-WAY OF WILLIAMS STREET; AND DECLARING AN EMERGENCY. --flutes Regular Council Meeting June 18, 1985 Page 7 The Charter Rule was suspended and the ordinance passed by the following vote: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Jones, "absent". 12. ORDINANCE NO. 18887: AUTHORIZING THE EXECUTION OF A LEASE RENEWAL WITH TEXAS NATIONAL AIRLINES, INC. FOR THE OPERATION OF AIR TRANSPORTATION SERVICE AT CORPUS CHRISTI INTERNATIONAL AIRPORT FOR A PERIOD OP EIGHT MONTHS EFFECTIVE JUNE 1, 1985; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Jones, "absent". 13. FIRST READING: CLOSING AND ABANDONING THE 15 FOOT WIDE PUBLIC ALLEY IN BLOCK XI, OCEAN VIEW ADDITION, SUBJECT TO THE PROVISIONS BELOW; PROVIDING FOR SEVERANCE. The ordinance was read for the first time and passed to its second reading by the following vote: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Jones, "absent". 14. FIRST READING: AMENTDING CHAPTER 35, OIL AND GAS WELLS, SECTION 35-60, DRILLING BLOCKS, BY AMENDING THE CONFIGURATION OF DRILLING BLOCK MAP EXHIBIT "A", DRILLING BLOCK NUMBERS 1488, 1491, 1500, AND 1501; 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: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Jones, "absent". 15. SECOND READING: AMENDING CHAPTER 6, ANIMAL CONTROL, OF THE CITY CODE BY ESTABLISHING THE REQUIREMENT TO OBTAIN A HORSE STABLE PERMIT AND DEFINING THE RESPONSIBILITIES OF OWNERS AND OPERATORS OF HORSE STABLES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the second time and passed to its third reading by the following vote: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Jones, "absent". Minutes Regular Council Meeting June 18, 1985 Page 8 16. THIRD READING - ORDINANCE NO. 18888: AMENDING CHAPTER 13, BUILDINGS; CONSTRUCTION: PREMISES, ETC., SECTION 13-48, FEES FOR IMPOUNDING, STORAGE, ETC.; CHAPTER 53, TRAFFIC SECTION 53-68, SAME -REDEMPTION OF VEHICLES; FEES FOR IMPOUNDING AND STORAGE; AND CHAPTER 57, VEHICLES FOR HIRE, SECTION 57-251, MAXIMUM WRECKER SERVICE AND STORAGE FEES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the third time and passed by the following vote: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Jones, "absent". 17. THIRD READING - ORDINANCE NO. 18889: CLOSING AND ABANDONING A 0.058 ACRE PORTION OF PUBLIC STREET RIGHT-OF-WAY AT THE INTERSECTION OF SOUTH STAPLES STREET AND CLIFFORD STREET, BEING ADJACENT TO LOT 12, BLOCK 36, DEL MAR SUBDIVISION, SUBJECT TO PROVISIONS LISTED BELOW. The ordinance was read for the third time and passed by the following vote: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Jones, "absent". 18. THIRD READING - ORDINANCE NO. 18890: AMENDING CHAPTER 53, TRAFFIC, SECTION 53-254, SCHEDULE V - INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, AND SECTION 53-255, SCHEDULE VI, DECREASE OF STATE LAW MAXIMUM SPEED; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read ?or the third time and passed by the following vote: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Jones, "absent". Mayor Pro Tem Best called for consideration of the following motion from the Regular Agenda: 19. Consideration of LULAC's request for funds for Feria de las Flores. Mr. Jacob Munoz, President of LULAC Council #1, stated that they has planned to request financial assistance for the Feria de las Flores in the amount of $5,000 from the City of Corpus Christi and $5,000 from the Tourist Bureau. He stated that they had already approached the Board of the Tourist Bureau who indicated that they could not provide funds; therefore, he would like to ask the City to support the event in the amount of $10,000. flutes pular Council Meeting .!une 18, 1985 Page 9 He explained that this is a project to raise scholarship funds for students from this area and informed the Council that they had provided $200,000 in scholarships since the program was started and this will be their 26th year. Mr. Munoz explained that they have never requested financial assistance before and this is a one-time request because of a unique proposal. He explained that the program this year will be televised nation-wide which will provide advertising not only for the event but also for the City of Corpus Christi. He informed the Council that Mr. Raul Velasco of Mexico will act of Master of Ceremonies and the program will be televised internationally. He stated that it will be shown on Saturday on prime time t.v. and LULAC would like to have funds to bring to Corpus Christi the artists who will appear on the show. Council Member Berlanga commented that this type of advertising for the City will reach millions of people in the United States and South American Countries. He urged support of this event. Council Member Guerrero stated that he feels that this is an investment from which the City will realize immediate and future returns in the form of tourism in Corpus Christi. He reminded the Council that the City had recently spent $250,000 in advertising to attract conventions to this City and he was of the opinion that showing this event on an international basis will generate more hotel business. He also pointed out that this is a non-profit organization. Mr. Raul Castillo, General Chairman of Feria de las Flores, explained to the Council that they had approached Mr. Bob Conwell of the Tourist Bureau for financial assistance and he stated that they did not have money for this event. Council Member Slavik stated that she was of the opinion that the Tourist Bureau would directly benefit from this advertising and she felt that they should contribute a portion of the requested money. Council Member McComb expressed the opinion that this is a good program but suggested that the LULAC Organization approach the private sector for donations because if the Council approves this funding, other organizations will approach the City Council for similar funding. He also questioned the source of the funds. Council Member Guerrero suggested that the funds could be taken from the Permanent Art Fund. Council Member McComb inquired if the members of the City Council who are also members of LULAC could vote on this item without there being a conflict of interest. City Manager Martin explained that legally, because the Law refers to "pecuniary interest," and just being a member of an organization does not mean that that member would benefit from such funding. Minutes Regular Council Meeting June 18, 1985 Page 10 Council Member Mendez pointed out that the exposure that the City would receive would be tremendous. Council Member Strong noted that she had been involved with non-profit organizations and has found that local hotels and airlines have been very cooperative in making special prices or free hotel space available for visiting artists. Mr. Munoz stated that private organizations have already contributed approximately $30,000 to this project. Mayor Pro Tem Best referred to a similar request in connection with Siempre en Domingo; they requested $10,000; the City and the Tourist Bureau could not provide the funds; but they performed the television show at that time anyway. He also questioned the source of the funds if the City does approve this. City Manager Martin stated that he could not answer that at this time because the source of the funds is critical, and if the Council decides to fund something like this, the funds should go through the Tourist Bureau, and at this time, he did not know where the money would come from. Council Member Pruet suggested that this be referred back to the Convention and Tourist Bureau and agreed with the City Manager that the City Council should work through the Tourist Bureau to provide the funds. City Manager Martin suggested that a Council Member and himself meet with the Tourist Bureau to try to resolve the matter. Mayor Pro Tem Best requested that City Manager Martin and Council Members Pruet and Guerrero be appointed to discuss this possibility. A motion was made by Council Member McComb that City Manager Martin, Council Members Guerrero and Pruet, and Jacob Munoz meet with the Tourist Bureau to see if the funding could be arranged through the hotels or through some similar source. The motion was seconded by Council Member Strong and passed unanimously. Mayor Pro Tem Best called for consideration of Ordinances 20 and 21 from the Regular Agenda. Council Member McComb referred to Ordinance No. 20 which is the first reading pertaining to limitation of appointments to Boards and Commissions and suggested that this entire subject needed to be discussed. Council Member McComb then made a motion to withdraw Ordinance No. 20 for one week. nutes :gular Council Meeting June 18, 1985 Page 11 The motion was seconded by Council Member Strong and passed unanimously. City Manager Martin provided an explanation of Ordinance No. 21 which is the first reading amending the Electrical Code to change the amount of space between electrical outlets in commercial buildings from 20 feet to 12 feet in order to reduce fires resulting from careless uses of extension cords. He explained that the theory behind the 12 -foot requirement is because the average inexpensive extension cord that most people use are unsafe, and if there are only twelve feet between electrical outlets, this will eliminate the requirement for use of extension cords. He also pointed out the danger of using space heaters with extension cords. Council Member McComb then made a motion to eliminate the exact distance of 12 feet or 20 feet and just include the statement that compliance with the National Electrical Code should be approved. He stated that he had contacted San Antonio, Dallas, Midland, Texas City, Galveston and other cities and none of those cities have any requirement on the number of feet between outlets because they go strictly by the National Electrical Code. He questioned why the City has a 20 -foot requirement at this time. He agreed that this 12' requirement would increase construction costs. Assistant City Manager Bill Hennings provided additional information by stating that the Electrical Advisory Board had a Committee who examined this; they discussed this from a safety standpoint; the Fire Department officials feel that the danger of fires will be reduced if the outlets are closer together. Further discussion followed. A motion was made by Council Member McComb that the reference existing in the City's Electrical Code which mentions 20 -foot requirement be eliminated and a statement to the effect that builders must comply with the National Electrical Code be substituted. The motion died for lack of a second. A motion was made by Council Member Mendez that Ordinance No. 21 be delayed for one week in order to obtain more information from the Electrical Advisory Board. The motion was seconded by Council Member Slavik and passed unanimously. Mayor Pro Tem Best announced the public hearings on three zoning applications. 22. Zoning Application No. 585-9, Mr. Greg Voisin: For a change in zoning from "R -1B" One -family Dwelling District to "R -1C" One -family Dwelling District, being 7.29± acres out of Lot 29, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located adjacent to Greenfields by the Bay Unit II, east of West Mount Drive and approximately 1,350 feet south of Wooldridge Road. Minutes Regular Council Meeting June 18, 1985 Page 12 Assistant City Manager Tom Utter informed the Council that in response to the eight notices of the public hearing on this case, one in favor and none in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend approval. Mayor Pro Tem Best called for those who wished to speak in opposition, and there was no response. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Berlanga and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 22. ORDINANCE NO. 18891: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF GREG VOISIN, TRUSTEE, BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 29, SECTION 27, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R -1C" ONE -FAMILY DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Jones, "absent". * * * * * * * * 23. Zoning Application No. 585-4, Sea Shell Inn Motel: For a change in zoning from "AT" Apartment -Tourist District to "B-5" Primary Business District on Lots 67 and 84, Block 2, Beach Hotel plus an unidentified strip of land between these lots and Surfside Boulevard, located between Rleberg and Paul Places, on the east side of Surfside Boulevard. Assistant City Manager Utter informed the Council that in response to the twelve notices of the public hearing, three in favor and one in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend denial. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, stating that the property is vacant except for the off -premise advertising sign. He explained that the property is zoned "AT" and displayed slides of the vicinity. He pointed out that the sign on the motel is very large and can easily be seen from the freeway and the Staff does not feel that the off -premise sign is necessary. lutes negular Council Meeting June 18, 1985 Page 13 Council Member McComb referred to the photograph of the subject property and commended the property owner for keeping the lot in such good condition. Council Member Slavik inquired about the possibility of a special permit to allow the off -premise sign, and Mr. Wenger stated that approval of a special permit would set a precedent and other businesses on the beach would request the same consideraton. Mrs. Joanne Sisson, 202 Kleberg, Manager of the Sea Shell Inn Motel, stated that she is speaking for the owner of the hotel. She explained that this issue of the sign is very important to them to assist tourists in finding their motel. She informed the Council that the sign has been there for many years; they recently received a citation; it is located on property owned by the owner of the motel and the only reason for the sign is to advertise their business. She explained that they keep the lot in good condition and mentioned other lots in the vicinity that are in very poor condition, yet those owners have not received citations. Mrs. Sisson explained that they do not really need "B-5" zoning and they would be satisfied with a special permit to allow the retention of the sign. Mayor Pro Tem Best called on those who wished to speak in opposition. Council Member Berlanga referred to Mr. Wenger's statement that approval of a special permit would establish a precedent, and Mr. Wenger explained that citations have been issued on other beach property and those property owners would also come to the City Council for a change of zoning if this case is approved. Council Member Mendez agreed that approval of this application will generate more requests for off -premise signs to be erected. Mr. Utter reminded the Council that the City has spent a tremendous amount of money on Corpus Christi Beach, including many improvements, and this summer, a $1 million rock groin will be installed and he was of the opinion that standards should not be lowered on Corpus Christi Beach. Council Member McComb agreed that since a great deal of money has been spent for improvements, he preferred not to see Surfside Boulevard littered with signs. A motion was made by Council Member McComb that the Council concur with the recommendation of the Planning Commission and Planning Staff and deny the request for a change of zoning. The motion was seconded by Council Member Pruet. Minutes Regular Council Meeting June 18, 1985 Page 14 Council Member Strong referred to signs that she has seen in other cities in which the city has installed a sign listing the street and the hotels that could be reached by going down a particular street. She expressed the opinion that this would inform tourists of the location of food and lodging places of business without a proliferation of signs on the beach. Mr. Wenger stated that this subject has been discussed with the State Department of Highways and Public Transportation and they do have signs noting the direction for food, lodging, etc. Council Member Strong urged that the Staff work further with the Highway Department to see if such signs can be provided. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Pruet and passed unanimously. Council Member McComb repeated his motion to concur with the Planning Commission and Planning Staff and deny the change of zoning request for Application No. 585-4. The motion was seconded by Council Member Pruet and passed unanimously. 24. Zoning Application No. 585-12, Peterson Development: For a change in zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District being the south 10 feet of Lot 26 and the north 40 feet of Lot 27, Block 1, Roolside Addition, located on the east side of Dorthy Drive, approximately 300' north of McArdle Road. Mr. Utter stated that in response to the thirteen notices of the public hearing, three in favor plus one petition with 45 signatures from outside the area of notification had been received and two in opposition, plus a petition with 34 signatures, one of which was in the 200 -foot area of notification, in opposition had been received. He stated that both the Planning Commission and Planning Staff recommend 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. Mr. Utter pointed out the Crossroads Shopping Center, noting that it is a very nice complex. Mr. Wenger displayed slides of the immediate neighborhood and pointed out that the two properties adjacent to the subject property had "for sale" signs and after this property was considered by the Planning Commission for a change of zoning, signs were added to the "for sale" signs on the adjacent property indicating that they could be zoned for business. lutes gular Council Meeting June 18, 1985 Page 15 Mayor Pro Tem Best called on the applicant to speak at this time. Mr. Bill Brown, representing Peterson Development Company, stated that he is also representing the twenty-one businesses located in the Crossroads Shopping Center. He explained that they have requested this change of zoning in order to even up their existing property which is off -set because this lot is owned by another property owner. He referred to the petition in favor of the change of zoning, stating that it included the signatures of managers, owners and employees of the Crossroads Village Shopping Center. He explained that the shop owners feel that they have inadequate parking to serve Crossroads and they would like to have a change of zoning to provide additional parking on this lot on Dorthy Drive north of McArdle Road. He pointed out the location and explained that they plan to convert the property for a parking lot facility for "employee parking only" with a screening fence and hedge along the Dorthy Street side. He assured the Council that no additional buildings will be constructed; therefore, no additional traffic will be generated. Mr. Brown continued by reading an excerpt from a publication of "Shopping World" regarding specialty centers. He continued by stating that in this small shopping center, 307 of the area is leased to restaurants; there are only 151 parking spaces; 63 are allocated to employees which leaves 88 parking spaces for customers. He stated that this is not adequate considering the number of restaurants in the Center. Mr. Brown assured the Council that his company has no interest in the purchase of the next two houses and stated that they would accept a special permit. Council Member Slavik stated that she has a problem with the obvious encroachment into the residential neighborhood on Dorthy Street. Council Member Guerrero pointed out that if they are going to add 15 additional parking spaces, obviously traffic will be added. He pointed out the location of another piece of property that is owned by Peterson Development Company and a bank, and Mr. Brown stated that there is no relationship between that property and the Crossroads Shopping Center. Mr. Guerrero then suggested that they lease that property that is zoned commercial for parking for Crossroads, and Mr. Brown explained that they have other plans for that property. Council Member McComb referred to a slide of the area and suggested that if this is approved, that possibly it could be developed for parking if no additional access from Dorthy Street is allowed and if it is limited to employee parking. Mr. Utter again pointed out that if the Council grants commercial zoning on this piece of property, the next house will be under the same danger of having to go commercial also and a domino effect will be created down the remainder of this block of Dorthy Street. He explained that this is a classic case of why the City Staff tries to get developers to arrange for adequate parking when they first design their commercial developments. Minutes Regular Council Meeting June 18, 1985 Page 16 Mayor Pro Tem Best called for comments in opposition to this zoning application. Mr. Philip Rosenstein stated that he resides on Bobalo Street in that vicinity and expressed the opinion that this shopping center will never have enough parking spaces because they will continuously ask for more as business increases. He pointed out the location of a park where small children play in this neighborhood. He stressed the fact that this is a residential neighborhood with no traffic lights from McArdle down Dorthy to Gollihar and Staples. He also pointed out that the petition that the applicant presented in favor of this zoning application contains names of employees in the shopping center only and none from residents in the area. He stated that he is opposed to a special permit as well as the change of zoning. Mrs. Barbara Cline, 929 Dorthy Street, stated that she owns five houses on the other end of this street. She stated that this street has already become a freeway for vehicles whose drivers are attempting to avoid traffic lights and they are trying to keep their area residential. She expressed the opinion that even a special permit for the parking lot would infringe into their residential neighborhood. Mr. L. J. Pollach, 5727 Kimbrough Street, informed the Council that this neighborhood is being surrounded by businesses and they do have a lot of traffic on the streets. Mr. Al Diemert, 5713 Kimbrough Street, pointed out that this is the only through street between Airline and Bradshaw and if the Council will stop the commercial zoning here, the neighborhood can be protected. A motion was made by Council Member McComb that the hearing be closed, seconded by Council Member Mendez and passed unanimously. A motion was made by Council Member McComb that the requested "B-1" zoning on Application No. 585-12 be denied but in lieu thereof, that a special permit be approved with the requirement that a screening fence be installed on the west side and north side and on Dorthy Street and that the only access be off the existing parking slab in the Crossroads Shopping Center. Council Member Pruet seconded the motion. Council Member Slavik reiterated that she is very concerned about the encroachment. Mr. Utter stated again that that is a Staff's concern also because approval of a special permit will establish a precedent that will create a domino effect on the next two lots which are already listed for sale. He expressed the opinion that if a special permit is approved, additional zoning cases from this block will be before the Council shortly. lutes .gular Council Meeting June 18, 1985 Page 17 Mayor Pro Tem Best called for the vote on the motion and it failed to pass by the following vote: McComb, Mendez, Pruet and Strong voting, "Aye"; Best, Berlanga, Guerrero and Slavik voting, "No"; Jones, "absent". City Secretary Chapa informed the Council that the motion failed to pass. Council Member Mendez recommended that the applicant meet with the residents of Dorthy Street to see if some solution can be found for this problem. A motion was made by Council Member Guerrero that the requested zoning for Application No. 585-12 be denied, seconded by Council Member Berlanga. A motion was made by Council Member McComb that the zoning case be tabled. Mayor Pro Tem Best ruled that Mr. McComb's motion had failed to pass due to a lack of a second. Mayor Pro Tem Best called for a vote on the motion to deny the application and the following vote was recorded: Best, Berlanga, Guerrero and Slavik voting, "Aye"; McComb, Mendez, Pruet and Strong voting, No"; Jones, "absent". City Manager Martin explained to the Council that if nothing happens, the property remains at the same zoning, or in other words, since the motion to grant the special permit failed to pass, the property will remain zoned as it is. Assistant City Attorney Jay Doegey agreed with that interpretation. Mayor Pro Tem Best called for the City Manager's Report. City Manager Martin provided the Council with copies of a letter addressed to Mr. Jerome Bradford, President of the Northside Business Association, which involves expenditures of funds regarding the concerns of the Association and the Northside Community. He referred to Page 2, item 3 in regard to landscaping and palm trees, stating that he will be recommending that the City utilize some $8,000 which is available for landscaping the area between the Broadway Plant and census tract 4. In regard to item 8 which pertains to more street lighting and traffic lights, Mr. Martin stated that he will be recommending that 18 of the 200 lights with 4,000 lumen mercury vapor street lights along Sam Rankin, North Alameda and North Staples be changed to 27,500 lumen high pressure sodium vapor units which will cost $100 per unit plus $80 a month in operating expense. In reference to Page 2, item 5 in regard to the fencing of the sewer plants, Mr. Martin stated that the Staff would recommend spending $6,000 to reinforce the screening fence along Broadway and offer screening to the neighborhood. Mayor Pro Tem Best expressed the opinion that an effort should be made on the part of the residents of the Northside Community also. Minutes Regular Council Meeting June 18, 1985 Page 18 City Manager Martin explained that the Staff will encourage the neighborhood to develop this type of system; the City's job is to take public steps necessary and try to help develop and establish businesses. Council Member Berlanga inquired about the source of funds, and City Manager Martin replied that funds from the 9th Year Supplement will be used for the landscaping item; funds for the wall around the Broadway Sewage Plant will come out of the Wastewater Fund; funds from the Street Lighting Project for Item 8 on street lights; and that funds for item 7 which pertains to houses repaired and brought up to building standards are in this year's Block Grant Project. Council Member Berlanga expressed concern about another area which has become a real problem and that is the property adjacent to Rose Hill Cemetery on Port Avenue. Council Member Strong stated that the Northside Business Association has requested certain items; the Staff has addressed the issues; she feels this is a good project; and stated that she would support this. Council Member Guerrero stated that the City has spent a great deal of money for this area and that the residents in the area should be made aware of what the City is doing for them. Mayor Pro Tem Best called for Petitions or Information from the Audience on Matters not Listed on the Agenda. An unidentified lady in the audience addressed the Council on behalf of her father who lives on Francesca Street. She stated that currently, one block of Mary Street is zoned industrial; the people planning to purchase the land want to build a body shop; and urged that the Council consider changing the zoning of this area from industrial to residential. Mrs. Maria Alegria, 578 Francesca, also addressed the Council in regard to this. She stated that she resides on the east side of Francesca Street at the intersection of Francesca and Mary; this half block wide area is zoned industrial together with the industrial area to the west of Francesca; and that the area east of Francesca and south of Mary is primarily residential in nature. She expressed the opinion that the additional traffic generated by the body shop will endanger the neighborhood children; she has a child with a respiratory infection and felt this would endanger his health even more. She presented the Council with a petition containing seventeen signatures by residents in the area who are very concerned about upgrading the neighborhood with rehab loans that were obtained but who feel that this would be a detriment. She urged that the Council consider changing the zoning to residential. .uses Regular Council Meeting June 18, 1985 Page 19 Council Member Mendez explained to the Council that he had previously met with Mrs. Alegria and Larry Wenger about this situation. He stated that he would like to ask the Council's support on this; there has been some rehab money granted along Francesca and Mary but because this area is zoned "1-2", in case of a fire to one of the homes, these people cannot rebuild because of the existing zoning. He stated that two lots in the vicinity are up for sale and the people want to construct a body shop. He asked that the Council support this and that the Staff be instructed to downzone the area to "R -1C" or "R -1B". Discussion followed on this. A motion was made by Council Member Mendez that the Staff bring forth a request to rezone the property on the east side of Francesca Street running north from Mary Street to "R-113" from its present "I-2" zoning; seconded by Council Member Strong; and passed unanimously. There being no further business to discuss, on motion by Council Member Pruet, seconded by Council Member Strong and passed unanimously, the Regular Council Meeting was adjourned at 5:30 p.m., June 18, 1985. DZ/rr