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HomeMy WebLinkAboutMinutes City Council - 08/06/1985MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 6, 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 ABSENT: Council Member 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. Welder Brown, former Council Member, following which the Pledge of Allegiance to the Flag of the United States was led by two Boy Scouts from Troop 52 which is sponsored by Jackson Woods Presbyterian Church. City Secretary Armando Chapa verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. A motion was made by Mayor Pro Tem Jack Best that Council Member Linda Strong be excused, seconded by Council Member Joe McComb and passed unanimously. A motion was made by Council Member Frank Mendez that the Minutes of the Regular Council Meeting of July 30, 1985 be approved as presented; seconded by Council Member Pruet; and passed unanimously. MICROFILMED Minutes Regular Council Meeting August 8, 1985 Page 2 Council Member David Berlanga reminded the Council that Duval County planned to present a painting to the City of Corpus Christi in honor of this City's being selected for Homeport. He stated that he had discussed this with Judge Uresti and arrangements have been made to have the painting presented next Tuesday with an appropriate ceremony at the Convention Center. Discussion followed and the Council recommended that lunch be served to those present which will include Judge Uresti and the County Commissioners from Duval County. Mayor Jones called for Board and Committee appointments and reviewed the nominees discussed during the morning Workshop Meeting. A motion was made by Council Member Berlanga that the following appointments be confirmed, seconded by Council Member Slavik and passed unanimously by those present and voting. a. Cable Communications Commission: Term Charles C. Irby (Higher Educ.) (Reappt) 7/27/88 Linda Bridges (Education) 7/27/88 b. Planning Commission Joe L. Garcia (Reappt) Javier Chapa (Reappt) Mary Rhodes (Reappt) c. Landmark Commission Mrs. Olga Gonzales (Reappointment) d. Sister City Committee Johnny Alaniz Ted Schoenberg 7/31/88 7/31/88 7/31/88 11/20/85 5/86 5/86 e. Citizens Advisory Health Board Abby Saenz 11/11/85 Mayor Jones then administered the oath to the following new appointments to the Human Relations Commission: Mr. Welder Brown and Mr. A. Kendall Peterson, Jr. Minutes Regular Council Meeting August 8, 1985 Page 3 Mayor Jones called for consideration of the Consent Motions on the following items: 1. Approval of specifications and authorization to receive bids August 28, 1985, for 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 uniforms for the Police Department, school crossing guards, and airport security personnel. The estimated expenditure is $66,880. 2. Approving the concept of a pedestrian bridge to provide access across drainage right-of-way to Tuloso-Midway High School and requesting Staff to prepare plans and specifications for future Council approval and authorization to receive bids. The approval is conditioned on the school agreeing to provide plans for construction of sidewalks from the bridge to school activity centers and commence such construction concurrently with the City's work. 3. Approving the request by Bayfest, Inc., to close North Shoreline Boulevard, between Belden and Hughes Streets, from Thursday, September 19, until Wednesday, October 2, 1985, so Bayfest '85 can be celebrated on September 27, 28 and 29, 1985. 4. Accepting the Convention Center Exhibit Hall Moveable Partition Project and authorizing final payment to Anco Sales Company in the amount of $18,124. The total cost of this project, which provided for a floor to ceiling height, folding partition, for the scheduling of simultaneous events in the Convention Center, is $170,890. 5. Approving the following actions on the Water Distribution Pumping Station Supervisory Control Rehabilitation project: a. Granting the contractor a 56 day time extension to supplement the allotted 45 working days due to material delivery delays beyond the contractor's control. b. Accepting the project and authorizing final payment of $7,395.13, for a total construction cost of $51,065.33, to Schuette Electric Company. As a result of this project, which included the installation of electrical modifications and circuitry needed to install previously purchased instruments and telemetering equipment, all water pumping operations can now be controlled from the 0. N. Stevens Water Filtration Plant. Minutes Regular Council Meeting August 8, 1985 Page 4 6. Approving Change Order No. 2, in the amount of $10,550 for the Wilmot Park Site Development project. The change order provides for the removal of asphalt from this former Southgate School site, applying top soil and seeding of selected areas within the park. Funds are available from additional funds allocated to the project in the llth Year CDBG Program. 7. Authorizing the City Manager to accept the proposal of LDS Incorporated to provide non-exclusive long distance telephone service for City offices. There is no cost associated with this request and an estimated savings of $10,000 annually is anticipated. 8. A public hearing be held on August 26, 1985, by the Director of Planning in the Committee Room, City Hall, 8:30 a.m., and a second public hearing be held on August 27, 1985, by City Council in the Council Chamber, during the Regular Council Meeting, on the contractual annexation of a 5.64 acre tract of land out of Lots 23 and 24, Section 5, Flour Bluff and Encinal Farm and Garden Tracts, owned by Second Baptist Church. 9. Approving the Tax Roll Levy for the City of Corpus Christi for the Roll Year 1985 in accordance with Sec. 26.09(e) of the Texas Property Tax Code, which states that the Assessor will submit the appraisal roll, with amount of tax entered, to the governing body for approval as the City's tax roll. Mayor Jones referred to Item 7 and inquired about the difference between LDS long distance service and AT&T, and Mr. Hyman explained that the City users will still be able to dial 1 t and there will be no necessity to use a different code. Council Member Slavik referred to No. 9 and noted that according to the Tax Roll Levy, the City will receive less money than anticipated. City Manager Martin stated that that does not present a problem because an additional $50,000 had been placed in the reserve for the Council's use and that will no lo.iger be possible. He noted, however, that the adjustments could be increased later in the year. Mayor Jones inquired of Council Member Slavik if she and her advisors are happy with the procedures followed in regard to the approval of the Tax Roll. Council Member Slavik stated that the effective tax rate is set by State law and she did not know of anyone who is unhappy at this time. Council Member McComb referred to Item No. 4 and inquired about the reason for the change order and asked why the plans and specifications were not in compliance with the City Code. Minutes Regular Council Meeting August 8, 1985 Page 5 City Manager Martin explained that the plans and specifications were prepared by the architects, and Mr. McComb expressed the opinion that the architects should have to pay for this change order. City Manager Martin expressed the opinion that if the mistake had involved tearing down something, then the architects should be liable but since the Building Inspectors found something wrong with the specifications and it was corrected, it seems reasonable for the City to pay for the change. In a related matter, City Manager Martin explained that the Staff is preparing an evaluation of every architect and contractor who completes work for the City. Mayor Jones called for comments from the audience on the Consent Motions. No one spoke. A motion was made by Mayor Pro Tem Best that the Consent Motions 1 through 9 be approved, seconded by Council Member Guerrero and passed unanimously. Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on Items 10 through 22. Mayor Jones referred to Ordinance No. 12 pertaining to a lease for the City's abandoned car pound and inquired if it would not be possible to locate this on City -owned property. City Manager Martin assured the Council that the Staff has examined such possibilities but the cost of improving the land and paving it would be prohibitive. He stated that the Staff hesitates to suggest spending that amount of money until a decision has been made as to whether this will be a permanent solution. In reference to Ordinance No. 16 which is the first reading changing the definition of "junked vehicle", Council. Member Slavik inquired about the possibilities of advertising this description. City Manager Martin informed her that these are just tools to enable the City to declare cars that are junked in a shorter period of time than is possible under the existing ordinance. Mayor Jones inquired if the owners are notified before the cars are towed away, and Assistant City Manager Tom Utter replied that the property owner and the owner of the automobile are both notified prior to removal. Minutes Regular Council Meeting August 8, 1985 Page 6 Council Member McComb informed the Council that he, Council Member Mendez, and Mr. Kelly Elizondo have been working on a program to have a community effort to get rid of junked vehicles and they will have recommendations in the near future. Mayor Jones called for comments from the audience on the ordinances. There was no response. City Secretary Chapa polled the Council for their votes and the following ordinances were approved: 10. ORDINANCE NO. 18956: APPROPRIATING $15,489.31 OUT OF THE NO. 265 MULTICULTURAL CENTER BOND FUND PROVIDING FOR CHANGE ORDER NO. 4 TO THE MULTICULTURAL CENTER SITE DEVELOPMENT PROJECT RELATIVE TO THE CONSTRUCTION OF THE SECOND PARKING LOT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, "absent". 11. ORDINANCE NO. 18957: AUTHORIZING THE EXECUTION OF AGREEMENTS WITH WINDSONG, A JOINT VENTURE, PROVIDING FOR THE CITY'S SHARE OF CONSTRUCTION COSTS FOR A BRIDGE ACROSS A 120 FOOT WIDE DRAINAGE RIGHT-OF-WAY LOCATED BETWEEN WINDSONG UNIT 1 AND WINDSONG UNIT 2 SUBDIVISIONS AND FOR THE CITY'S SHARE OF COSTS FOR PAVING IMPROVEMENTS ON MEADOW BREEZE PARKWAY AND COTTON CLUB DRIVE WHICH BOUND THE DESIGNATED PARK IN WINDSONG UNIT 2 SUBDIVISION; WHICH $19,879.93 IS APPLICABLE TO PROJECT NO. 220-77-100, WINDSONG BRIDGE AND $23,531.16 IS APPLICABLE TO PROJECT NO. 220-85-5.1, WINDSONG UNIT 2 PARK PAVING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, "absent". 12. ORDINANCE NO. 18958: AUTHORIZING THE EXECUTION OF A ONE-YEAR LEASE AGREEMENT WITH MR. WILLIAM J. KABBOORD FOR THE RENTAL OF A 7.245 ACRE TRACT OF LAND BEING USED BY THE CITY AS THE AYERS STREET ABANDONED CAR POUND LOCATED AT THE 5500 BLOCK OF AYERS AND GIBBS STREETS AT A RENTAL OF $1,500 PER MONTH; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting August 8, 1985 Page 7 The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, "absent". 13. ORDINANCE NO. 18959: APPROPRIATING $4,637.60 FROM THE NO. 291 PARK BOND FUND PROVIDING ADDITIONAL FUNDS, AUTHORIZING FINAL PAYMENT OF $50,306.00 TO THE CONTRACTOR, CASEY & GLASS, INC., APPLICABLE TO PROJECT NO. 291-77-7.2, SOUTH BLUFF PARK IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, "absent". 14. ORDINANCE NO. 18960: CLOSING AND ABANDONING THE 5 FOOT WIDE UTILITY EASEMENTS IN LOTS 16 THROUGH 19, BLOCK D, FLOUR BLUFF ESTATES, SHOWN BY PLAT IN VOLUME 8, PAGES 1 AND 2, MAP RECORDS, NUECES COUNTY, TEXAS, AND FURTHER DESCRIBED BY ATTACHED METES AND BOUNDS; PROVIDING FOR REPLATTING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, "absent". 15. FIRST READING: AMENDING CHAPTER 53, SECTION 53-257, SCHEDULE VIII, OF THE CITY CODE, ESTABLISHING PARKING METER ZONES; BY CHANGING SUBSECTIONS (A), (B), (C), (D), (E), (F), AND (G); PROVIDING FOR 10 -HOUR METER ZONES IN THE 400 BLOCK OF LAGUNA (SOUTH SIDE), ON N. CARANCAHUA (WEST SIDE) BETWEEN COMANCHE AND LIPAN, ON N. CARANCAHUA (EAST SIDE) BETWEEN BLUCHER AND LIPAN, ON ANTELOPE BETWEEN ARTESIAN AND CARRIZO, ON BLUCHER BETWEEN CARANCAHUA AND UPPER BROADWAY, IN THE 500 BLOCK OF N. SHORELINE BLVD. (WEST SIDE), ON TWIGG BETWEEN LOWER BROADWAY AND MESQUITE; PROVIDING FOR A 2 -HOUR METER ZONE ON TANCAHUA (EAST HALF ROW) BETWEEN BUFFALO AND 1-37 FRONTAGE ROAD; PROVIDING FOR A 1 -HOUR METER ZONE ON N. CARANCAHUA (EAST SIDE) BETWEEN LEOPARD AND ANTELOPE; 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 and Slavik voting, "Aye"; Strong, "absent". 16. FIRST READING: AMENDING THE CODE OF ORDINANCES, CHAPTER 13, ARTICLE II, DIVISION 2, JUNKED VEHICLES, SECTION 13-38 TO DEFINE A JUNKED VEHICLE AS A MOTOR VEHICLE THAT IS INOPERATIVE, AND THAT DOES NOT HAVE AFFIXED TO IT EITHER AN UNEXPIRED LICENSE PLATE OR A VALID VEHICLE INSPECTION CERTIFICATE, THAT IS WRECKED, DISMANTLED, PARTIALLY DISMANTLED, OR DISCARDED, OR THAT REMAINS INOPERABLE FOR A CONTINUOUS PERIOD OF MORE THAN 45 DAYS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting August 8, 1985 Page 8 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 and Slavik voting, "Aye"; Strong, "absent". 17. SECOND READING: AUTHORIZING THE ASSIGNMENT OF THE AIRPORT FOOD CATERING CONCESSION LEASE TO THE ESTATE OF MRS. CARRIE SPARKS AND THE INCLUSION OF A CLAUSE IN THE LEASE FOR THE ADMINISTRATORS OF HER ESTATE TO HAVE THE OPTION TO ASSIGN IT TO ROYAL IN-FLITE CATERING OF SAN ANTONIO, TEXAS. The ordinance was read for the second time and passed to its third reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, "absent". 18. SECOND READING: AMENDING CHAPTER 57, VEHICLES FOR HIRE, OF THE CITY CODE BY AMENDING ARTICLE II, TAXICABS, TO PROVIDE FOR A SEMIANNUAL TAXICAB STREET USE FEE OF $175.00 PER AUTHORIZED VEHICLE, THE SUBLEASING OF TAXICABS BY A CERTIFICATE HOLDER, THE CRITERIA TO DETERMINE PUBLIC CONVENIENCE AND NECESSITY, THE CRITERIA TO BE USED FOR INVESTIGATING APPLICANTS FOR TAXICAB DRIVER PERMITS, PROHIBITING THE MONITORING OF ANOTHER'S RADIO DISPATCH FREQUENCY; AND 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: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, "absent". 19. SECOND READING: AMENDING CHAPTER 57, VEHICLES FOR HIRE, OF THE CITY CODE OF ORDINANCES, BY REPEALING SECTION 57-135, FARES --AMOUNTS, AND IN LIEU THEREOF, ADOPTING NEW PROVISIONS FOR SAID SECTION 57-135, BY ESTABLISHING THE TAXICAB RATES HEREINAFTER SET FORTH; 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: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, "absent". 20. THIRD READING - ORDINANCE NO. 18961: AMENDING CHAPTER 2, ADMINISTRATION, SECTION 2-151, STEERING COMMITTEE, OF THE CITY CODE OF ORDINANCES TO REDUCE THE NUMBER OF MEMBERS ON THE STEERING COMMITTEE OF THE SISTER CITY COMMITTEE FROM 25 TO 15; THAT SAID REDUCTION OCCUR BY ATTRITION AS SET FORTH IN THE ORDINANCE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting August 8, 1985 Page 9 The ordinance was read for the third time and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, "absent". 21. THIRD READING - ORDINANCE NO. 18962: AMENDING CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, OF THE CODE OF ORDINANCES BY AMENDING SECTIONS 36-20 THROUGH 36-27 AND SECTIONS 36-90 THROUGH 36-91 TO PROVIDE FOR AN ANNUAL REVIEW OF CHARGES FOR MEMORIAL COLISEUM AND BAYFRONT PLAZA FACILITIES, EQUIPMENT AND SERVICES, AUTHORIZING THE CONVENTION CENTER MANAGER TO ADJUST THE SCHEDULE OF CHARGES SUBJECT TO APPROVAL OF THE CITY MANAGER, AND AUTHORIZING THE NEGOTIATION OF CHARGES TO EVENTS WITH SPECIAL OR UNUSUAL NEEDS OR REQUIREMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the third time and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, "absent". 22. THIRD READING - ORDINANCE NO. 18963: - INCREASE OF ; AND PROVIDING AMENDING CHAPTER 53, TRAFFIC, SECTION 53-254, SCHEDULE V STATE SPEED LIMIT 1N CERTAIN ZONES; PROVIDING FOR SEVERANCE FOR PUBLICATION. The ordinance was read for the third time and passed by the Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and "Aye"; Strong, "absent". following vote: Slavik voting, Mayor Jones called for consideration of the following motions from the Regular Agenda: 23. Consideration of request for assistance from LULAC Council 111 for the Feria De Las Flores Pageant. Mayor Jones stated that a committee had been appointed consisting of Council Members Guerrero and Pruet to investigate the request from LULAC Council #1. He then asked for a report. Council Member Guerrero stated that they had met and made the decision to recommend that the Council should not appropriate cash but instead that as a contribution, the Council waive the fee for the rental of the Convention Center for the pageant. Mr. Jeff McCord, a Del Mar College student, inquired about the amount of the rental for one night for the Convention Center facility, stating that he needed this for his report. Minutes Regular Council Meeting August 8, 1985 Page 10 Council Member McComb informed him that the rental rate is $1,400. He also noted that it is in the recommendation that the cost of personnel to operate the facility will be paid by LULAC Council #1. A motion was made by Council. Member Berlanga that the Council waive the fee for the rental of the Convention Center in the amount of $1,400 for the Feria de las Flores pageant. The motion was seconded by Council Member Guerrero and passed unanimously. Mr. Raul Castillo expressed appreciation for the Council's cooperation. He informed the Council that the film crew has already arrived and has started filming areas of the City to be shown during the telecast of the event. He also reminded the Council of the reception Friday night at the Mariott Hotel. 24. Consideration of a request to close a 15 foot wide alley in Block 3, Bay View Addition Unit 2, abutting Lots 8 through 13 for a distance of 153 feet of this 507 foot long unopened alley. A public hearing on this alley closing was held on July 17, 1984, and the applicant, Grunwald Printing Company, was asked to poll all abutting property owners relative to the alley closure application. Of the 14 property owners polled, 4 object, 8 do not object and 2 could not be located. City Manager Martin reviewed the events that had occurred during the public hearing, at which time the applicant was advised to survey the property owners to see whether or not they concurred with the closing of the subject alley. He pointed out that Grunwald Printing Company owns three lots immediately adjacent to the alley; there are four property owners on the block who are opposed to the closure; and the remainder have no objection to the closure. He summarized by stating that the Staff recommends that the alley be closed. Mayor Jones called for comments from the audience in opposition to this alley closing. Mrs. Beatrice Rodriguez, 1211 llth Street, stated her objection to the closing of the alley. She informed the Council that the entrance from Craig Street is always blocked with trash and she felt that access should be provided through the alley. Assistant City Manager James K. Lontos pointed out Lot 6 which is owned by Mrs. Rodriguez and Lot 7 which is owned by Mr. Munoz. Mrs. Rodriguez continued by stating that she would not object to the alley closure if passage is available from Craig Street, noting that the property she owns is rental property and they use the entire length of the alley. Minutes Regular Council Meeting August 8, 1985 Page 11 Mr. Armando Munoz spoke in opposition also and noted that eight people indicated that they are in favor of closing the alley but he questioned that statement because he has obtained the signatures of nine property owners who are opposed to the alley closing. He informed the Council that he would like to use the alley and he prefers that it remain open for the entire block. Council Member McComb noted that the two property owners have expressed concern because they own apartments behind the houses on the lot. He then inquired if their property is zoned "R -1B" or if it is zoned for multi -family dwellings. He suggested that the Staff check on this. Also speaking in opposition to the alley closing was Mr. Pedro Nava. Mr. Clifton Grunwald, one of the owners, stated that he operates the Grunwald Printing Company and they plan to add to their existing building if the alley is closed. He stated that they have purchased lots and the only reason they want the alley closed is to increase their building space. He presented to the Council pictures of the alley that were taken at 1:00 p.m. that day which depicted the debris that is blocking the alley. He also presented to the Council a copy of the petition that they circulated around the neighborhood. He assured the Council that they plan to leave space behind their building to allow for pedestrians to walk through the alley. Council Member Mendez noted that people seem to be concerned in having access to the portion of the alley that extends to Craig Street. He suggested that a portion of the alley between Lots 8 through 13 to Morgan Street be closed and the portion of the alley with access to Craig be allowed to remain opened. 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 portion of the 15 -foot wide alley in Block 3, Bayview Addition Unit 2, abutting Lots 8 through 13 leading to Morgan Avenue be closed, but that the portion of the alley extending to Craig be left open for access. The motion was seconded by Council Member Mendez. Council Member Slavik stated that she would have to vote against this because some of the owners object to closing of the alley. Council Member Guerrero stated that he did not think the motion should include the requirement that access be provided by Mr. Grunwald and the Council indicated their concurrence. Council Member Pruet stated that he had stepped out to check the zoning on this property and ascertained that the zoning is "R-2" which is adequate for a multi -family dwelling. He stated that he would support the motion, however. Minutes Regular Council Meeting August 8, 1985 Page 12 Mayor Jones repeated the motion by stating that it was to close the alley in Block 3, Bayview Addition Unit 1 between Lots 8 and 10 and Lots 11 and 13 only. The motion passed by the following vote: Jones, Best, Guerrero, McComb, Mendez, and Pruet voting, "Aye"; Slavik voting, "no"; Berlanga, absent at the time the vote was taken; Strong, absent. Mayor Jones called for consideration of the ordinance designating Waco Street and Cornett Drive as one-way streets. There were no comments from the audience on this ordinance; City Secretary Chapa polled the Council for their votes; and the following was passed: 25. ORDINANCE NO. 18964: AMENDING CHAPTER 53, TRAFFIC, ARTICLE VIII, SCHEDULES, SECTION 53-250, SCHEDULE I -ONE-WAY STREETS AND ALLEYS, OF THE CITY CODE, BY ADDING TO SUBSECTION (A-1) PORTIONS OF WACO STREET AND CORNETT DRIVE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Berlanga, absent at the time the vote was taken; Strong, "absent". * * * * * * * * Mayor Jones announced the public hearings on the following: 26. ALLEY CLOSING: - 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. The applicants, Raul Saenz and Alvaro Saenz, own all six lots abutting this alley. The alley dead ends into the facilities previously utilized as the Sears and Roebuck, Tire, Battery and Accessory shop. Assistant City Manager Lontos noted that this alley closing is in the vicinity of the new City Hall. He located the alley on the transparency and stated that a sanitary sewer and gas line are in existence in the alley and the City will have to retain a utility easement if the alley is closed. Mayor Jones called for those who wished to speak in opposition and there was no response. A motion was made by Mayor Pro Tem Best that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. Minutes Regular Council Meeting August 8, 1985 Page 13 Mr. Lontos informed the Council that the ordinance effecting the alley closing will be on the agenda next week. 27. STREET CLOSING: - 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. The closure requests are staff and property owner initiated as a result of recent projects in the area. Mr. Lontos located the portions of streets to be closed which includes 100 feet of Nemec Street at the Hamlett Drive intersection, 100 -foot long unnamed street adjacent to Lot 2, Block 8, Botsford Park Unit 2, and a 350 -foot long section of an unopened portion of Hamlett Drive from Nemec Street to South Padre Island Drive. Council Member McComb stated that he had received a notice of this public hearing; he owns property within 400 feet of the alley; and he would like to excuse himself from the Council Chamber and refrain from voting on this particular item. Mr. Lontos stated that two of the streets, Hamlett and Nemec, should be closed as a result of the recent reconstruction of Nemec Street under the Voluntary Paving Program, and in addition to Hamlett and Nemec, the Staff recommends the closure of the unnamed street which abuts Lot 2, Block 8, Botsford Park Unit 2, and that the abutting property owner, Mr. Clarence P. Hodge, participate in the work necessary to close off the intersection to this stub street with Mr. Hodge paying the appraised value for one-half the street. Mr. Lontos stated that the Staff initiated the street closures and are of the opinion that the property owners abutting Hamlett and Nemec Streets should not be charged the fair market value of the closed right-of-way. Council Member Berlanga inquired about access for the property owner of the second lot from Hamlett Drive and Mr. Lontos informed him that the City has already constructed a driveway to provide access. Mayor Jones called for those who wish to speak in opposition to this request. There was no response. A motion was made by Mayor Pro Tem Best that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. * * * * * * * * Minutes Regular Council Meeting August 8, 1985 Page 14 Mayor Jones announced the public hearings on four zoning applications. 28. Application No. 785-9E, South Bluff Plaza: standard screening fence requirement on Lots 1 Subdivision and Lot E, Block 6 out of the J. P. both the east and west sides of Carrizo Street, for an exception to the and 11, Block A, Park Place Schatzel Tract, located on north of South Bluff Park. Assistant City Manager Tom Utter informed the Council that in response to the six notices of the public hearing, two in favor and one in opposition had been returned and that both the Planning Commission and Planning Staff recommend approval. Mr. Larry Wenger, Director of Planning, explained that the request is to waive the screening fence requirement along the area abutting South Bluff Park. He displayed slides of the building under construction on the affected lots and pointed out that one side of the building is near the new Tennis Center Expansion and the other portion is adjacent to vacant land, but the building is on zero building line and a fence is not really required there. He summarized by stating that for those reasons the Staff recommends approval of the waiver of the screening fence requirement. Mayor Jones called for comments from the audience in opposition to this. Mrs. Richard Davy stated that she owns property at the intersection of Tancahua and Agnes and she is of the opinion that the screening fence should be installed, particularly for the safety of the children playing in the park. She also objected to the driveway open to traffic of this location. Mr. Wenger pointed out that the driveway on Tancahua has been in use as access to the park for many years. Mr. Scott Turner, 425 Sharon, partner in the project, South Bluff Plaza, reiterated that they do have zero lot line and the building is right on the property line; the park service road is used by other people; and they have requested the waiver because it would not stop anyone from running into the street. He stated that the building has no windows on that side and explained that on the other portion adjacent to the new tennis courts, they plan to install a chain link fence which would be preferable to a screening fence because of security reasons. He assured the Council that they do plan to install a screening fence on the portion adjacent to Mrs. Davy's property. A motion was made by Council Member Guerrero that the hearing be closed, seconded by Council Member Mendez and passed unanimously. Minutes Regular Council Meeting August 8, 1985 Page 15 City Secretary Chapa polled the Council for their vote on the ordinance granting the waiver of the standard screening fence requirement and it passed as follows: 28. ORDINANCE NO. 18965: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SOUTH BLUFF PLAZA GRANTING AN EXCEPTION TO THE STANDARD SCREENING FENCE REQUIREMENT ALONG THE SOUTHERN BORDER OF LOTS 1 AND 11, BLOCK A, PARK PLACE SUBDIVISION, AND ALONG THE SOUTHERN AND WESTERN BORDERS OF LOT E, BLOCK 6 OUT OF THE J. P. SCHATZEL TRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet and Slavik voting, "Aye"; Guerrero, absent at the time the vote was taken; Strong, absent. 29. Application No. 785-7, Jimson Construction: For a change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Lot 19, Block 6, Cabaniss Acres, located on the south side of Joyce Drive, approximately 400' east of Wood Street. Assistant City Manager Utter informed the Council that in response to the twelve notices of the public hearing, three from within the 200 -foot area and one from outside the 200 -foot area had been returned in favor and one in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend approval. Mayor Jones called for those who wished to speak in opposition and no one did. 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 polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 29. ORDINANCE NO. 18966: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JIMSON CONSTRUCTION BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 19, BLOCK 6, CABANISS ACRES, FROM "R -IB" ONE -FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE 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 and Slavik voting, "Aye"; Strong, absent. * * * * * * * * Minutes Regular Council Meeting August 8, 1985 Page 16 30. Application No. C785-12, City of Corpus Christi: For a change of zoning from "I-2" Light Industrial District to "B-4" General Business District on Lots 9, 10, and the north part of Lot 11, Block 26, Meadow Park, located on the east side of Virginia Avenue, between Baldwin Boulevard and Navajo Street. Mr. Utter stated that the part owner of the subject property is Mr. Francis Gandy and stated that in response to the five notices of the public hearing, none in favor and two in opposition had been returned. He noted that this is enough to invoke the 207 rule. Mr. Utter informed the Council that the Planning Commission recommends denial but the Planning Staff recommends approval. He explained that this was initiated by the City at the direction of the Council to eliminate the "I-2" zoning from an area that is predominantly business and residential. Mr. Wenger located the area on the zoning and land use map and showed slides of the vicinity. Mr. Wenger noted that the Staff recommends approval because the proposed zoning is more compatible with the existing use in the area than "I-2" zoning. He stated that the owner of the subject property is opposed to the change of zoning. Mayor Jones called for comments from the audience in opposition to the zoning case. Mr. Francis Gandy, 225 Jackson Place, appeared in opposition stating that he is part owner of the subject property. Mr. Gandy explained that the property was zoned "1-2" and had a lumber yard on it before any of the adjacent buildings were constructed; he emphasized the fact that they had been paying taxes on this property for many years; they have to pay paving assessments on three sides of the property; and he was of the opinion that if the zoning is changed, the value of the property will be decreased. He urged that the Council deny the requested change of zoning. 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. Council Member McComb responded to Mr. Gandy's remarks in regard to the payment of paving assessments and reminded him that the paving assessments would have been the same amount whether this property was zoned "I-2" or "B-4". Council Member Mendez expressed his approval of the change of zoning because it is possible that this entire area will be improved in the very near future and he felt that "B-4" zoning would be more compatible with other uses in the neighborhood. Minutes Regular Council Meeting August 8, 1985 Page 17 Mayor Pro Tem Best pointed out that if he had owned property as long as Mr. Gandy and there were no improvements planned for the property, he would certainly object to any attempt to rezone property that belongs to someone else. Council Member Berlanga indicated his concurrence with Dr. Best. A motion was made by Council Member Mendez that the Council concur with the recommendation of the Planning Staff and grant the requested "B-4" zoning. The motion was seconded by Council Member Guerrero and passed by the following vote: Jones, Guerrero, McComb, Mendez, Pruet and Slavik voting "Aye"; Best and Berlanga voting, "no"; Strong, absent. Mr. Utter informed the Council that the ordinance effecting the zoning change will be on the agenda next week. 31. Application No. 685-5, W.B.C. Holdings I: For a change of zoning from "AB" Professional Office District with a "SP" Special Permit to "B-1" Neighborhood Business District on Lot 3, Block 2, Gray Village Unit 2, located on the west side of Everhart Road, approximately 200' south of McArdle Road. Mr. Utter informed the Council that in response to the twenty-three notices of the public hearing, four in favor and one in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend denial but in lieu thereof, that a special permit be granted to allow for a free-standing sign. He pointed out that this would actually be a revised special permit and reminded the Council of the recently approved conditional sign permit guidelines to allow limited free-standing signage for "AB" uses. He explained that it is the Staff's opinion that if a free-standing sign is approved for this office use, it should comply with sign guidelines designed for "AB" properties. Mr. Phillip Wallock, partner of W.B.C. Holdings, stated that he was ready to answer any questions the Council might have. Council Member Pruet noted that there had been some concern about allowing signs of a certain size without a variance and asked for a further explanation of the Staff recommendation. Mr. Utter explained that "AB" zoning allows signs on the building or a free-standing sign with a conditional permit. He noted that this would be a 40 square foot sign which is larger than that allowed in "AB" zoning. Minutes Regular Council Meeting August 8, 1985 Page 18 There were no further comments; City Secretary Chapa polled the Council for their votes; and the following ordinance was passed: 31. ORDINANCE NO. 18967: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF W. B. C. HOLDINGS I BY GRANTING A REVISED SPECIAL COUNCIL PERMIT FOR A SIGN ON LOT 3, BLOCK 2, GRAY VILLAGE UNIT 2; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, "absent". Deputy City Manager Ernest Briones stated that he had no comments on the City Manager's Report. Council Member Guerrero referred to the action taken by the City Council the preceding week in regard to the cost of living increase for City employees and referred to Option I and II. He stated that he had received a lot of comments from the City employees and he questioned the action taken to approve a one-time payment in accordance with Option II. Council Member Guerrero then made a motion that the Council reconsider the action taken the preceding week in regard to the cost of living increase and recommended that Option I be approved which is an across the board cost of living increase for all City employees on a sliding scale rather than the one-time payment listed in Option II. The motion to reconsider was seconded by Council Member Berlanga. Mr. Briones stated that the two versions of the ordinance amending the Compensation Plan could be prepared for the Councilfor the following week in the event they wish to reconsider. Council Member McComb expressed the opinion that the entire Council should be present before any decisions are made and noted that Council Member Strong would be absent the following week. Council Member Mendez expressed concern about the City Staff preparing two complicated ordinances and suggested that a decision be made before the Staff prepares unnecessary computations. Mayor Jones then called for the vote on the motion to reconsider and it failed to pass by the following vote: Jones, Berlanga, Guerrero and Mendez" voting, "Aye"; Best, McComb, Pruet and Slavik voting, "no".