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HomeMy WebLinkAboutMinutes City Council - 07/16/1985MINUTES City of Corpus Christi, Texas Regular Council Meeting Council Chambers - City Hall July 16, 1985 2:00 p.m. 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 Martin City Attorney Bruce Aycock Asst. City Secretary Dorothy Zahn Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Dr. Loren White of Second Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Joe Velez of Boy Scout Troop 318. Assistant City Secretary Dorothy Zahn called the roll and stated that a quorum of the Council and the required Charter Officers were present to conduct the meeting. A motion was made by Council Member Frank Mendez that the minutes of the Special Council Meeting of July 8, and the Regular Council Meeting of July 9, 1985, be approved as presented; seconded by Council Member Leo Guerrero; and passed unanimously. Mayor Jones called for confirmation of Board and Committee Appointments made during the morning workshop meeting. a. Civil Service Board & Commission: Term to Expire Todd Hunter 6/15/88 b. Food Service Advisory Council: Jack Bell (food industry) 6/24/88 Charles Kovar (food industry) 6/24/88 Martha Thielhorn (community at large) 6/24/88 c. Human Relations Commission: A. Kendall Peterson, Jr. (youth) Michelle Villarreal (youth) Debbie Cruz (youth) Charles Kaler 6/14/86 6/14/86 6/14/86 6/14/88 MICROFILMED Minutes Regular Council Meeting July 16, 1985 Page 2 Welder Brown 6/14/88 Betty Jean Longoria 6/14/88 d. Private Industry Council (JTPA) Private Sector Norma Delgado Bouillerce 6/30/87 Eddie Garcia 6/30/87 Al McRae 6/30/87 Alan Stoner 6/30/87 Luis Munoz 6/30/87 Community Based Organization Edward Rivera Education Roel Carmona Economic Development Romeo Garcia e. Park and Recreation Board Claude Axel Randy DeLay f. Alcohol and Drug Abuse Task Force T. Teresa Rasco Raymond Perez 6/30/87 6/30/87 6/30/87 8/23/86 8/23/87 8/85 8/85 A motion was made by Council Member Bill Pruet that the appointments be approved; seconded by Mayor Pro Tem Jack Best; and passed unanimously. Mayor Jones called for consideration of Action of the Council from the Workshop Session; he then read a resolution regarding the Transit Election; Assistant City Secretary Zahn polled the Council for their vote on the resolution; and the following was passed: RESOLUTION NO. 18927 ENDORSING THE PASSAGE OF THE CONFIRMATION AND TAX ELECTION FOR THE CORPUS CHRISTI REGIONAL TRANSIT AUTHORITY AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Motions. nutes _.egular Council Meeting July 16, 1985 Page 3 1. 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 miscellaneous paper for Stationery Stores inventory. All items except item 4 (25% Rag bond paper) based on low bid. Item 4 based on best bid. Century Papers Monarch Paper Company Total: $7,354.00 Total: $30,996.40 GRAND TOTAL: $38,350.40 A 14% decrease from last bid in May 1984. Seven bid invitations were issued and four bids were received. 2. Approving the purchase of a sewer line bucket machine and a truck loader for Wastewater Services from Naylor Supply Company, based on an only bid, for the total amount of $44,442. Five bid invitations were issued and one bid was received. 3. A contract in the amount of $17,467.65 be awarded to Bellwether Construc- tion Company to complete remaining work in the Annaville Area No. 1 Street Improvement project on which Ibanez Construction Co., Inc. has defaulted. Sufficient funds are available in the construction account to effect this award, and a separate appropriation is not required. • Regarding item 3, Mayor Jones inquired how many times Ibanez Construction Company had defaulted on a job, and City Manager Edward Martin stated that this company had defaulted on several projects. In response to a question by Mayor Jones, Mr. Martin stated that the decrease in the price of paper (item 1) was due to competition and an over- abundance of the product. 4. Authorizing the City Manager to execute contracts with Mr. Eugene Bouligny and Mrs. Emma Trevino for the acquisition of land to be developed as a neighborhood park in the Spohn Hospital Area. The acquisition involves the purchase of one lot for $51,600 and donation by gift deed of a second from Mr. Bouligny and the purchase of a third lot for $49,600 from Mrs. Emma Trevino. Acquisition costs are based on appraisals by Mr. Thomas F. Dorsey, an independent appraiser. Funds for this project are available from the 10th and llth Year Community Development Block Grant Programs. 5. Authorizing the City Manager or his designee to execute an agreement with AMIGOS, Inc. Computerized Bibliographic Service for the purpose of cataloging new library materials and developing a computerized file of our library holdings. The AMIGOS network is also utilized for all interlibrary loan transactions between Corpus Christi Public Library and most major libraries in the nation. The approximate annual cost for their services is $30,000, of which $14,000 will be reimbursed by the Texas State Library in return for services rendered by Corpus Christi Public Library as an Interlibrary Loan Center. Minutes Regular Council Meeting July 16, 1985 Page 4 6. A public hearing be scheduled for August 6, 1985, on the closure request of a 20 foot wide by 150 foot long alley in Block 10, Jones Addition. City sanitary sewer and gas lines exist in the alley, and a utility easement would be retained if the alley were closed. 7. A public hearing be scheduled for August 6, 1985, on the closure of approximately 100 feet of Nemec Street at the Hamlett Drive intersection, the closure of an approximate 100 foot long unnamed street adjacent to Lot 2, Block 8, Botsford Park Unit 2, and the closure of a 350 foot long section of unopened 30 foot wide Hamlett Drive from Nemec Street to South Padre Island Drive. These closure requests are staff and property owner initiated as a result of recent projects in the area. Referring to item 4, land acquisition for a park in the Spohn Hospital Area, City Manager Martin stated that the funds were included in the 10th and 11th Year CDBG Programs for this purpose. Further discussion followed regarding the importance of the requirement for 5% park dedication in new subdivisions. Mayor Jones called for comments from the audience on the Consent Motions, items 1 through 7. There were none. A motion was made by Council Member Guerrero that Consent Motions1 through 7 be approved; seconded by Council Member Mary Pat Slavik; and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances. Council Member Slavik inquired as to who the principals were for the Broadway Plaza Project referred to in ordinance 13. (It was later determined that the principals are Porter, Rogers, Dahlman & Gordon.) Referring to the first reading of an ordinance regarding prostitution, Council Member Slavik stated that she wanted to publicly thank Chief Bill Banner for his efforts in reducing the problem of prostitution, particularly in the downtown area. Referring to the award of a contract to Hunt Construction Co. for the Saratoga/Weber Public Safety Building, ordinance 11, Council Member Pruet noted that the memorandum indicated that there had been some previous problems with the work performed by this company. After further discussion of the company's performance, Assistant City Manager James K. Lantos assured the Council that the staff is now satisfied with this company's performance record. In reference to Ordinance 1117 pertaining to golf fees, Council Member Mendez inquired if the ordinance had been changed to include lower fees for mutes Regular Council Meeting July 16, 1985 Page 5 senior citizens and what is referred to as "twilight rates" for nine holes of golf. City Manager Martin assured the Council that these changes will be made prior to third reading. Mayor Jones called for comments from the audience on the Consent Ordinances and there were none. Assistant City Secretary Zahn polled the Council for their votes on the ordinances and the following were approved: 8. ORDINANCE N0. 18919 DESIGNATING THE VEHICLES AND CRAFTS OF THE MARINA SUPERINTENDENT AND THE MARINA DIVISION AS AUTHORIZED EMERGENCY VEHICLES WHILE RESPONDING TO EMERGENCIES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 9. RESOLUTION NO. 18920 ADOPTING MINUTE ORDER OF THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION NUMBER 83284, DATED JUNE 21, 1985, PERTAINING TO THE RECONSTRUCTION OF SOUTH PADRE ISLAND DRIVE FROM EAST OF AIRLINE ROAD TO THE WEST END OF OSO BAY BRIDGE, WHEREIN THE CITY WILL BE RESPONSIBLE FOR THE COST OF FRONTAGE ROAD CURB, GUTTER, SIDEWALK, AND DRIVEWAYS AND WOULD PARTICIPATE IN THE INSTALLATION, OPERATION, AND MAINTENANCE OF LIGHTING WITH THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PAYING ALL OTHER COSTS OF THIS THREE MILE EXPRESSWAY PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez,Pruet, Slavik, and Strong voting "aye." 10. ORDINANCE NO. 18921 AUTHORIZING THE EXECUTION OF AN APPRAISAL AGREEMENT WITH SIDNEY H. SMITH, III FOR REAL ESTATE APPRAISAL SERVICES FOR THE ACQUISITION OF THREE PARCELS IN CONNECTION WITH THE SARATOGA BOULEVARD IMPROVEMENTS PROJECT; APPROPRIATING $2,500; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." Minutes Regular Council Meeting July 16, 1985 Page 6 11. ORDINANCE NO. 18922 AUTHORIZING THE EXECUTION OF A CONTRACT WITH HUNT CONSTRUCTION COMPANY, INC. FOR CONSTRUCTION OF A PUBLIC SAFETY BUILDING APPROXIMATELY ONE-HALF MILE SOUTH OF SARATOGA BOULEVARD ON WEBER ROAD; APPROPRIATING $276,334; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 12. ORDINANCE NO. 18923 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ROBERT F. BERNSEN, JR., BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN ADDITIONAL KITCHEN IN A SINGLE-FAMILY DWELLING WITH THE STIPULATION THAT ONCE THE PRESENT OCCUPANTS NO LONGER USE THE ADDITIONAL KITCHEN FACILITIES, ONE KITCHEN BE REMOVED ON LOT 4, BLOCK 3, JACKSON WOODS UNIT 2; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting „aye.„ 13. ORDINANCE NO. 18924 AMENDING ORDINANCE NO. 17716 PASSED JULY 20, 1983, WHICH CLOSED AND ABANDONED A PORTION OF SOUTH UPPER BROADWAY BY EXTENDING THE DEADLINE FOR COMMENCEMENT OF CONSTRUCTION OF AN OFFICE BUILDING BY SIX MONTHS FROM JULY 20, 1985; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 14. FIRST READING AMENDING CHAPTER 33, OFFENSES AND MISCELLANEOUS PROVISIONS, BY ADDING A NEW SECTION 33-22, LOITERING FOR PROSTITUTION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the first time and passed to second reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 15. SECOND READING AMENDING CHAPTER 6, ANIMAL CONTROL, SECTIONS 21, IMPOUNDMENT, AND 22, RABIES VACCINATION, OF THE CITY CODE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the second time and passed to its third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." .nutes Regular Council Meeting July 16, 1985 Page 7 16. SECOND READING: AMENDING CHAPTER 19, FOOD AND FOOD ESTABLISHMENTS, SECTION 19-75, CERTIFICATION, BY ESTABLISHING A FEE OF $3.00 FOR CERTIFICATES ISSUED BY THE HEALTH DEPARTMENT TO EMPLOYEES OF FOOD SERVICE ESTABLISHMENTS ON COMPLETION OF REQUIRED TRAINING, AND REQUIRING NEW EMPLOYEES TO COMPLETE TRAINING BEFORE STARTING WORK; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the second time and passed to its third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 17. SECOND READING: AMENDING SECTION 36-2, GREEN FEES SCHEDULE FOR GOLF COURSE AND GOLF CENTER, OF CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, TO CHANGE THE GREEN FEE SCHEDULE FOR THE GABE LOZANO AND OSO MUNICIPAL GOLF CENTERS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUB- LICATION. The ordinance was read for the second time and passed to its third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 18. SECOND READING: AMENDING SECTIONS 21-7, 21-18 THROUGH 21-21.1, AND 21-46 OF THE CODE OF ORDINANCES 50 AS TO INCREASE GARBAGE COLLECTION AND DISPOSAL CHARGES EFFECTIVE WITH THE FIRST BILLING CYCLE IN THE MONTH OF AUGUST, 1985; PROVIDING FOR SEV- ERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the second time and passed to its third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 19. SECOND READING: AMENDING CHAPTER 55, UTILITIES, ARTICLE IV, GAS RATES AND CHARGES, SECTION 55-61, CLASSIFICATION OF CUSTOMERS AND SCHEDULES OF RATES, AS SET FORTH IN ORDINANCE NO. 17761, AS AMENDED, SO AS TO CHANGE THE SCHEDULE OF GAS RATES FOR ALL CUSTOMERS TO THE CITY -OWNED GAS DISTRIBUTION SYSTEM BY PROVIDING A NEW SCHEDULE OF RATES FOR ALL GAS CUSTOMERS; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the second time and passed to its third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." Minutes Regular Council Meeting July 16, 1985 Page 8 20. SECOND READING: AMENDING SECTION 55-100 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, SO AS TO PROVIDE CERTAIN INCREASES IN WASTEWATER RATES; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The ordinance was read for the second time and passed to its third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Jones called for consideration of the following motion on the Regular Agenda: 21. The following actions be taken in connection with improvements at the Corpus Christi International Airport: a) That the schematic design plans prepared by Cotten -Landreth Architects, for the extension of the west concourse on a pier level concept, be approved. b) That the schematic design plans for the expansion of the Airport Terminal building in a linear westward direction, be approved. c) That the conceptual plan of providing exterior treatment of the terminal, including alternatives for a partial and a full canopy along the front of the terminal at an estimated cost of $270,000 be approved. d) That a landscape architect contract be negotiated for developing a total landscaping, plan at the Airport for implementation on a funds available basis. e) That the entryway sign, recommended as part of the graphics program, be designed and bid immediately, but the remainder of the graphics program be implemented as part of the funding plan. f) That the drainage ditch through the parking lot be covered to provide for aesthetic improvement and additional parking, and that the Staff be authorized to proceed with the preparation of plans and speci- fications for bidding the project in early 1986, if funds are available. g) That a number of miscellaneous projects, such as changing light stan- dards, minor landscaping, etc., be implemented as funds become available. h) That the architect be further directed to develop a terminal develop- ment plan which plan must show the relationship of the proposed improvements to the long term terminal development plan, and indicate how future improvements would be made. i) That the plan for the sale of Certificates of Obligation previously estimated at $1,000,000 be increased to approximately $1,300,000, to cover the cost of the additional improvements proposed. Mayor Jones stated that Dr. Richards, Chairman of Corpus Christi '90, wanted to clarify that this motion, particularly "h", is a result of recommendations from CC '90. lutes Regular Council Meeting July 16, 1985 Page 9 City Manager Martin elaborated that item "h" is CC '90's recommendation to the City Council; it is referring to Cotten/Landreth Architects; and this means that Cotten/Landreth's contract with the City will be expanded to included this item. Mr. Martin further stated that the City would need to hire conceptual architects. Council Member Slavik referred to "i", the increase of $300,000 in Certificates of Obligation, and Mr. Martin stated that this posed no problem in that the $300,000 was spread over a 5 -year period; the funds are in the Debt Service Budget; and the minimum amount is already in the budget. Council Member Pruet inquired if funds for the canopy are included in the budget, and City Manager Martin replied in the affirmative. Council Member McComb referred to the fact that a fatal collision had occurred at the entrance to the Airport and inquired if an overpass could be constructed to avoid future problems. Mayor Jones stated that the City should ask Nino Gutierrez with the State Department of Highways to address this Issue. Mayor Jones called for comments from the audience on motion 21; there were none; a motion was made by Council Member Mendez that this item be approved; seconded by Mayor Pro Tem Best; and passed by the following vote: Jon*s, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Jones called for consideration of ordinance 22, authorizing the City to participate in the CP&L rate case. City Manager Martin explained that this is a routine but major ordinance; the City has original jurisdiction in rate matters; CP&L has filed for a rate increase; the City has, as a matter of practice, moved to intervene in the rate case; in order to be more efficient, a group of cities have joined together to present the cities' side of the rate case; and Don Butler is the attorney for the cities. Mr. Martin then explained the manner in which the cost of intervening is reimbursed to the City by CP&L in accordance with the regulations set by the Public Utility Commission. Mayor Jones stated that it is important that the City have original jurisdiction over rate matters, and Mr. Martin concurred with the Mayor's remarks, noting that the City was able to expedite the rebate issue by using original jurisdiction procedures. Mayor Jones called for comments from the audience on Ordinance 22; there were none; Assistant City Secretary Zahn polled the Council for their vote; and the following was passed: Minutes Regular Council Meeting July 16, 1985 Page 10 22. ORDINANCE NO. 18925 AUTHORIZING THE CITY'S PARTICIPATION IN A COOPERATIVE EFFORT WITH OTHER CITIES IN CENTRAL POWER & LIGHT COMPANY'S SYSTEM RELATING TO CENTRAL POWER & LIGHT'S REQUEST FOR RATE INCREASE AND CENTRAL POWER & LIGHT'S REQUEST TO APPROVE A SETTLEMENT WITH BROWN & ROOT COMPANY CONCERNING THE SOUTH TEXAS NUCLEAR PROJECT; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACT FOR THE CITY IN THE CONFIRMATION OF A STEERING COMMITTEE TO DIRECT SAID COOPERATIVE EFFORT; RATIFYING AND APPROVING SELECTION BY THE STEERING COMMITTEE OF CONSULTANTS AND DON BUTLER AS LEGAL COUNSEL; AND AUTHORIZING SAID LEGAL COUNSEL TO INTERVENE ON BEHALF OF THE CITY BEFORE THE PUBLIC UTILITY COMMISSION IN THESE AND ANY RELATED DOCKETS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following item: 23. RECESSED HEARING - Timbergate Drive Assessment Hearing. Assistant City Manager Lontos explained that the property owners.were able to negotiate an agreement; there is no need for City participation in this project; however, since an ordinance has been passed adopting the preliminary assessment roll, it is necessary to formally close the hearing. There were no comments from the public; a motion was made by Council Member Guerrero that the hearing be closed; seconded by Mayor Pro Tem Best; and passed unanimously. * * * * * * * * * * * * * 24. ALLEY CLOSING - Closure of 15 foot wide alley in Block 2 of the M.T. Gaffney Addition. The alley located between Buford and Craig Streets is the location of the former Edward Furman Public School. The closure request is made by the Corpus Christi Independent School District, who is in the process of selling the property. Mr. Lontos explained that there were no utilities in the alley; this alley exists on paper only; and that the Edward Furman Public School, which is vacant, currently is on the property. Mr. Lontos then displayed a transparency of the area. There were no comments from the audience; a motion was made by Council Member Mendez that the hearing be closed; seconded by Council Member Pruet; and passed unanimously. * * * * * * * * * * * * * inutes Regular Council Meeting July 16, 1985 Page 11 City Manager Martin announced that item 28, Zoning Case #485-9, Nueces Development Company, had been withdrawn by the applicant. A motion was made by Council Member Guerrero that the Council take a 5 minute recess at 2:55 p.m.; seconded by Council Member Mendez; and passed unanimously. * * * * * * * * * * * * * Mayor Jones reconvened the meeting at 3:00 p.m., and announced the public hearings on the three zoning cases. Assistant City Manager Tom Utter stated that Application No. 685-9 and No. 685-10T would be considered concurrently. 25. Zoning Application No. 685-9, Reagan and Associates: For a change in zoning from "F -R" Farm -Rural District to "B-4" General Business District being 8.42± acres out of Annex No. 2, Nueces River Irrigation Park, located on the north side of F.M. 624, approximately 1,000 feet east of the inter- section of F.M. 624 and F.M. 1889. 26. Zoning Application No. 685-10T, Reagan and Associates: Amendment to the Zoning Ordinance - Amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.85 setting forth a zoning classification of "B-4" General Business District on a described tract of land when annexed to the City of Corpus Christi, Texas, being 4.62± acres out of Annex No. 2, Nueces River Irrigation Park, located approximately 1,000 feet east of E.M. 1889, on the north side of F.M. 624. Mr. Utter stated that in response to the 7 notices of the public hearing for Application No. 685-9, 2 were returned in favor and none in opposition; and that in response to the 4 notices of the public hearing for Application No. 685-10T, none were returned either in favor or in opposition. Mr. Utter stated that the Planning Commission recommends approval of both zoning cases, and the staff originally recommended denial, but now the staff is recommending a special permit for "B-4" uses, subject only to a site plan showing an acceptable driveway and curb cut pattern. He informed the Council that the staff is recommending a two year special permit, which could be extended if the applicant desires. Mr. Larry Wenger, Director of Planning, displayed the two areas on the zoning land use map, described the land use in the surrounding area; and showed slides of the area. Council Member Pruet commended Mr. Utter and Mr. Wenger for their efforts in working out a compromise for these two zoning cases. Mayor Jones called on the applicant to speak. Minutes Regular Council Meeting July 16, 1985 Page 12 Mr. Harold Shearer, representing Reagan and Associates, displayed a drawing to the Council showing the two areas and how they are related. He stated that the applicant is satisfied with the special permit. Mayor Jones called for comments from the audience. Mr. Dennis Denman, 3846 Violet Road, stated that he is not opposed to the zoning change; he has property in the area that is zoned "B-4"; but he would like consideration given to rerouting a road in front of his property in order that he would have more frontage. After further discussion, it was decided that the plan proposed by the Planning Department and approved by the Traffic Engineering Department for the streets in the subdivision was the safest. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. A motion was made by Council Member Mendez that a two-year special permit be approved for "B-4" uses, subject to a site plan showing driveways and curb cuts, for Application No. 685-9; seconded by Council Member Guerrero; and passed unanimously. A motion was made by Council Member Mendez that a two-year special permit be approved for "B-4" uses, subject to a site plan showing driveways'and curb cuts, for Application No. 685-1OT; seconded by Council Member Guerrero; and passed unanimously. * * * * * * * * * * * * * 27. Zoning Application No. 685-12T, Mr. Henry Tucker: Amendment to the Zoning Ordinance - Amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.86 setting forth a zoning classification of "A-2" Apartment House District on a described tract of land when annexed to the City of Corpus Christi, Texas, being 22.95± acres containing the southwest 60.00 feet of Lots 11, 12, 13, 14, and the northeast 1/3 of Lots 19, 20, 21, and 22, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, located generally between Everhart Road and S. Staples Street, and south of and adjacent to the extension of Yorktown Boulevard. Mr. Utter stated that of the four notices mailed, one was returned in favor and one was returned in opposition to the zoning change. He stated that the Planning Commission and Staff recommend denial of "A-2", and in lieu thereof grant a special permit with a site plan simply stating "For apartment develop- ment at a density not exceeding 29 units per acre" and with the intention that when a new zoning district allowing 29 units per acre is created, that the property automatically be zoned "A -1A". Mr. Wenger displayed the area on the zoning.and land use map; described the land use in the surrounding area; and showed slides of the area. mutes Regular Council Meeting July 16, 1985 Page 13 In response to Mrs. Slavik's request, Mr. Utter read the letter of opposition. There were no comments from the audience on this zoning application; a motion was made by Council Member Guerrero that the hearing be closed; seconded by Council Member Mendez; and passed unanimously. Assistant City Secretary Zahn polled the Council for their vote on the ordinance effecting the zoning change, and the following was passed: ORDINANCE NO. 18926 AMENDING ORDINANCE 17341 PASSED ON NOVEMBER 3, 1982, WHICH AMENDED THE ZONING MAP BY GRANTING A PREZONING REQUEST ON TRACT A BEING A PORTION OUT OF LOTS 11, 12, 13, 14, 19, 20, 21, AND 22, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." * * * * * * * * * * * * * *28. Zoning Application No. 485-9, Nueces Development Company: For a:change in zoning from "B-1" Neighborhood Business District to "B-3" Business District being 1.884± acres out of Lot D, Edwin Farm Lots, located on the southeast corner of Cliff Maus Drive and Old Brownsville Road. *Withdrawn - See page 10. * * * * * * * * * * * * * 29. TABLED - Zoning Case No. 685-11, Bearco Development Company: For a change in zoning from "I-2" Light Industrial District to "T -1C" Mobile Home Subdivision District, being 16.24± acres out of Lot 3, Block 9, J.C. Russell Farm Blocks, located approximately 860 feet east of Navigation Boulevard and 1,100 feet north of Bear Lane. Mayor Jones stated that this case was tabled in order to receive input from West Oso Independent School District. Mr. Frank Gallardo, 4201 Dryer, representing West Oso Independent School District, stated that the district was opposed to the zoning change, and that he had spoken with the residents of the area and they too were opposed. Mayor Jones noted that if the zoning of "T -1C" is granted, the developer would have to comply with the City Code regarding streets, sidewalks, etc. Council Member Guerrero stated that he did not approve of "T -1C" because there is no guarantee that new mobile homes would be placed on the lots. Minutes Regular Council Meeting July 16, 1985 Page 14 Mayor Jones called on the applicant to speak. Mr. Chuck Urban, Urban Engineering, speaking on behalf of the applicant, stated that the area consists of 16 acres out of 30 acres; it will be a mobile home subdivision, not a park; the lots will be sold; there is a demand for sites suitable for manufactured housing; the applicant desires a first-class subdivision; the streets will be in accordance with regulations for residential subdivisions; and there will be deed restrictions. Discussion followed on the difference between a mobile home subdivision and a mobile home park. Mr. Utter noted that the City cannot enforce deed restrictions. Council Member Mendez stated that he did not think that residential areas are appropriate locations for mobile home subdivisions, and Mr. Utter stated that "1-2" zoning was not appropriate zoning adjacent to residential sub- divisions. Council Member Guerrero stated that once the lots are sold, the owners can rent them; the tenant can place a shabby mobile home on the lot; and that the City cannot control what type of mobile home is placed on the lot. Council Member Mendez expressed the same opinion. , Council Member Pruet stated this subdivision will be treated as any residential subdivision; i.e., 50' wide streets, park dedication, etc. and that this is possibly a $600,000 subdivision. He also stated that this would be working to the detriment of the people who can least afford a new home by precluding this type of development. Mayor Jones stated that he basically agreed with Mr. Pruet's comments in that the Council would be denying a housing opportunity, and the Council should try to provide a housing alternative. Mayor Jones departed the Council Meeting at 4:00 p.m. in order to take a conference call regarding Homeport. Council Member Mendez reiterated that there is no guarantee as to what type of manufactured housing would be placed on the lots. Council Member Strong stated that the Council cannot speak to the intentions of the developer; manufactured housing can be very attractive; and the Council should look at the best side of this matter. Further discussion followed among the Council Members regarding the type of manufactured homes that are placed in mobile home subdivisions. A motion was made by Council Member Pruet that zoning of "T -1C" be approved for application No. 685-11, seconded by Council Member Strong. Minutes Regular Council Meeting July 16, 1985 Page 15 Mr. Joe Cantu, 2002 Airline, stated that the surrounding properties would be decreased in value if "T -1C" is granted, and that the residents in the area would prefer industry to mobile homes. A motion was made by Council Member Guerrero that the seconded by Council Member Mendez; and passed unanimously. Assistant City Secretary Zahn polled the Council for ordinance effecting the zoning change, and the ordinance follows: FAILED TO PASS hearing be closed; their vote on the failed to pass as AMENDING THE ZONING ORDINANCE UPON APPLICATION OF BEARCO DEVELOPMENT COMPANY BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 3, BLOCK 9, J.C. RUSSELL FARM BLOCKS, FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "T -1C" MOBILE HOME SUBDIVISION DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance failed to pass as follows: Best, Berlanga, Guerrero, Mendez, and Slavik voting "no"; McComb, Pruet, and Strong voting "aye"; Jones absent at the time the vote was taken. * * * * * * * * * * * * * There being no report from the City Manager, Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Ben Sley, 470 Cape Lookout, stated that he represented RID; he requested that administrative action be taken against an Assistant City Manager who had been arrested by the City Police; and that RID feels that if no action is taken, this sends the message to the community that such conduct is appropriate. He urged the Council to consider the options available to them. Mayor Pro Tem Best stated that Mr. Sley was asking the Council to be a "kangaroo court" before the case had been in a court of law. Further discussion followed between Mayor Pro Tem Best and Mr. Sley. City Manager Martin interjected that under the City Charter, disciplinary action is the City Manager's responsibility; he has reviewed the police report; he has made his decision not to take disciplinary action; and that is the end of the matter. Mrs. improved. City park, and Blanche De Los Santos, 201 Norton, requested that Vanderbilt Park be Manager Martin stated that a cost analysis is being prepared on this a report with cost estimates will be forthcoming for adoption. Minutes Regular Council Meeting July 16, 1985 Page 16 Mr. Frank Gallardo, requested that second -time home buyers be allowed to purchase their homes under the single family mortgage revenue bonds, and City Manager Martin stated that federal law prohibits this, unless it is in four specific census tracts. Mr. Gallardo inquired if there was a zoning classification for churches, noting that the Molina Area has 15 churches. Council Member McComb inquired if Mr. Gallardo was opposed to churches also, stating that West Oso ISD is interested in increasing their tax base and not increasing the number of children in their schools. Mr. Ivan Arceneaux, 3706 Prosper, invited the Council to the Grayfest Celebration to be held July 20 - 21, 1985. Mayor Jones returned to the meeting at 4:26 p.m. Mr. Tom Hunt, 75 Townhouse Lane, referred to the Tax Increment Finance Act of 1981, which states that expenses in the reinvestment zone should be documented. He referred to expenses relating to the Landmass Project. Mayor Jones suggested that Mr. Hunt write a letter requesting specific information. There being no further business to come before the. Council, on motion by Council Member Mendez, seconded by Mayor Pro Tem Best and passed unanimously, the Regular Council Meeting was adjourned at 4:34 p.m., July 16, 1985. /td