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HomeMy WebLinkAboutMinutes City Council - 08/20/1985MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 20, 1985 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Dr. Jack Best Council Members: David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Armando Chapa Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Mary Pat Slavik, following which the Pledge of Allegiance to the Flag of the United States was led by Matthew Rizerian and Scott Terry, Boy Scouts from the troop sponsored by the Church of Jesus Christ of the Latter Day Saints. City Secretary Armando Chapa verified that a quorum of the Council and the necessary Charter Officers were present to conduct the meeting. A motion was made by Mayor Pro Tem Jack Best that the Minutes of the Regular Council Meeting of August 13, 1985 be approved; seconded by Council Member Frank Mendez; and passed unanimously. Mayor Jones announced the bid opening on the following item: Bid Opening & award of oil & gas lease: A three year primary term oil and gas lease for the 157.579 acre J. C. Elliott Landfill. The City owns one—half of the minerals but is executive lessor for the entire tract. The minimum acceptable bid is $9,454.74. The bid is to be submitted with a check for the City's one—half share of the bonus, a minimum of $4,727.37. Lease to be awarded by Council Motion immediately after all bids have been opened. MICROFILMED Minutes Regular Council Meeting August 20, 1985 Page 2 Assistant City Manager Bill Hennings read the one bid received from Jerry L. Reehan, Inc., a company which bid a minimum $6,303.16. A motion was made by Council Member David Berlanga, Sr. that the subject lease be awarded to Jerry L. Reehan, Inc.; seconded by Council Member Linda Strong; and passed unanimously. Council. Member Leo Guerrero inquired about the effect this will have on the residents of Los Encinos neighborhood, and Mr. Hennings replied that this lease is too far away to have any effect on Los Encinos. Mr. Guerrero continued by stating that some people in that area had been requested to sign a lease and Mr. Hennings explained that if the people sign a lease, they will be protected by the operator and if not, they will be protected by the City regulations as set forth in the Drilling Ordinance, which requires that any operation must be 400 feet from any residence. Council Member Guerrero requested information in writing to be provided him so that he could explain to the residents of Los Encinos. Mayor Jones introduced Mr. James Conn, Petroleum Engineer who is the City's Superintendent of the Petroleum Division. He asked Mr. Conn to explain the procedure for drilling in this area. Mr. Conn explained that the ordinance was passed in 1966 which set up the Bay Drilling Committee which oversees the operation of the drilling leases in the City. He explained that the City has almost 500 wells and there is a system whereby they are properly maintained and properly regulated. * * * * * * * * * Mayor Jones called for consideration of the Consent Motions on the following items: 1. Approval of specifications and authorization to receive bids September 11, 1985, for 9,050 lbs. of grass seeds for the Park and Recreation Department to be used for overseeding in city parks and golf courses during winter months. Estimated expenditure is $10,000. 2. Approval of specifications and authorization to receive bids September 11, 1985, for a twelve month supply agreement, with an option to extend for an additional twelve months subject to the approval of the supplier and the City Manager, or his designee, for polyethylene gas pipe, valves, and related fittings to be used by the Gas Division for the transmission of natural gas. Estimated expenditure is $69,350. 'nutes gular Council Meeting august 20, 1985 Page 3 3. Accepting the Lexington Industrial Center and Manchester Place/Dona Park Sanitary Sewer Improvement project, and authorizing remaining funds in the construction account of $39,437.09 to Universal Surety of America. This firm is the bonding company for the original contractor who defaulted on the project, and by prior agreement and per the contract, remaining funds in the construction account are to be disbursed to the bonding company upon satisfactory completion of the project. Mayor Jones called for comments from the audience on the foregoing items. No one spoke. A motion was made by Council Member Mendez that Consent Motions 1 through 3 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 4 through 11. Mayor Jones referred to Ordinance No. 5 which approves the revised Compensation and Classification Plan for FY 1985-86 and authorizes one-time payments to City employees rather than salary increases. He informed Council Member Strong that the vote the preceding week had been 4 to 4 as to whether the one-time payment should be granted or the across the board salary increase. Council Member Mendez referred to the fact that during the discussions the past two weeks, some of the Council Members were of the opinion that employees in the lower ranks were pleased with the plan to grant a one-time payment. He informed the Council that .he had been presented with a petition from the Sanitation and Wastewater Services Department's employees, most of whom are in the lower pay grades, and stated that it had been signed by over 100 employees indicating that they would prefer to have an across the board increase rather than a one-time payment. Council Member Mendez continued and referred to the following item from the City Manager's explanation of suggested changes to the Compensation Plan: 8. Addition of the titles Director of Emergency Medical Service ($28,500-40,800) and Assistant Director of Emergency Medical Service ($24,500-35,300) in the managerial group in accordance with the recommended service improvement plan and the adopted budget. He stated that District Chief Robert Garza has been performing the tasks of the Director position for two years and Council Member Mendez questioned eliminating that position from the Fire Department. He expressed the opinion that Chief Garza is qualified for the position of Director and felt that he should be retained in that position rather than considering employing someone from outside the City. He expressed the opinion that employees in EMS should have the opportunity to have upward mobility. Minutes Regular Council Meeting August 20, 1985 Page 4 Mayor Pro Tem Best expressed the opinion to make policy and he felt that this was a Council should not be involved. Council Member Mendez disagreed, stating part of the adoption of the budget and he did decision. that the City Council is supposed management decision in which the that it is a policy decision as a not feel that it was a management City Manager Martin reminded Council Member Mendez that the budget had been adopted by the City Council and it contemplated the elimination of a District Chief position to be replaced with the position of Director of Emergency Medical Service. He stated that the position could be filled from within the City or from outside the City but it should be someone who is qualified in administration and is also a paramedic. He assured Mr. Mendez that there will be no adverse impact on the individual mentioned. Council Member Mendez again expressed concern about eliminating positions in the Fire Department and pointed out that this would basically decrease the nine District Chiefs to eight. He also expressed the opinion that the opportunity should be provided for someone in the Fire Department to become Director of Emergency Medical Service. Further discussion followed. Council Member Berlanga agreed that the elimination of the District Chief will affect the Fire personnel because it will prevent several people from having an opportunity for upward mobility within the Fire Department. City Manager Martin reminded the Council that a major report of qualified people who had studied the,Emergency Medical Service had recommended that the best qualified person should be employed as Director of EMS and if there is a qualified person for the position within the Fire Department, he will be considered. Council Member Guerrero agreed with Council Member Mendez and expressed the opinion that there is a feeling in the Fire Department that the elimination of one District Chief position reduces the chance for advancement and expressed the opinion that continuity in service was the important thing. Council Member Berlanga stated that he was concerned about the elimination of the District Chief position because he thought the Fire Department was expanding and he felt that this is a definite maneuver to prohibit promotion. City Manager Martin reminded the Council that he can pass over employees for promotion without passing an ordinance. Council Member Pruet expressed the opinion that the best qualified person should be the Director of EMS and stated that there is nothing to prevent a District Chief who is a paramedic from being appointed. lutes .gular Council Meeting August 20, 1985 Page 5 A motion was made by Council Member Mendez that item 8 from the City Manager's amendments to the Compensation and Classification Plan be deleted and that promotional opportunities be within the Fire Department. The motion was seconded by Council Member Berlanga. The motion failed to pass by the following vote: Berlanga, Guerrero and Mendez voting, "Aye"; Jones, Best, McComb, Pruet, Slavik and Strong voting, "No". Mayor Jones suggested voting on Ordinance No. 5 separately from the other ordinances but called for comments from the audience before voting. Mr. Lewis Lovelace, 1549 Casa Grande, stated that he was appalled when the Council approved the budget and subsequently the City Manager found over $2 million for salary increases. He stated that the item he objects to is the 1.75% salary payment to the managerial group and particularly objected to the fact that City Manager Martin's salary is $90,400 which is very high in comparison to other cities in Texas such as Dallas, San Antonio, Fort Worth and Austin which have much greater population. He expressed the opinion that the City is top-heavy in management. Mrs. Donna Shirley, 3636 Flour Bluff Drive, President of the Corpus Christi Taxpayers' Association, also expressed opposition to the increase in managerial salaries. She referred to an article in a San Antonio newspaper which reported that the budget for the City of San Antonio had been reduced $13 million by the City Manager. She expressed the opinion that she wished this could happen in Corpus Christi. She stated that they wanted to go on record as being opposed to the raise in the managerial salaries. She explained that one of the things that the City Manager in San Antonio had accomplished to reduce the budget was to put a freeze on managerial employees' salaries. She pointed out that the City of Corpus Christi is overloaded with managerial positions and she felt that the lower paid people deserve a salary increase but the management group does not. In response to the remarks by the members of the audience, Mayor Pro Tem Best explained that the Council had visited the Finance Department that morning and informed the audience that the City Manager has effected a saving of $9 million in tax dollars for the City. Council Member Pruet reminded the audience that the salary increases were not recommended by the City Manager; they were requested by the City Council because they felt that the City employees deserve an increase; and stated that if one examined the items of efficiency in the City operation, they would appreciate the managerial staff. He stated that he just wished that the Council could grant larger salary increases. Minutes Regular Council Meeting August 20, 1985 Page 6 Council Member Berlanga stated that he is still opposed to the one-time payment because he felt that the employees would benefit more by having an across the board salary increase, particularly as it pertains to payments to Texas Municipal Retirement System and the fact that Income Tax and Social Security will be taken from the one-time payment and will have a greater impact if it is paid in one lump sum. There were no further comments; City Secretary Chapa polled the Council for their vote on Ordinance No. 5; and the following was passed: 5. ORDINANCE NO. 18981: AMENDING ORDINANCE NO. 8127, AS AMENDED, BY AMENDING SECTIONS 510, 251, 252, 253, 254, 255, 256, AND 257 OF THE COMPENSATION/CLASSIFICATION PLAN BY ADOPTING THE CURRENT MANAGERIAL AND NONMANAGERIAL JOB TITLES AND CLASSIFICATIONS AS IMPLEMENTED IN THE 1985-86 BUDGET; ADDING A NEW SECTION II TO ORDINANCE NO. 17728, AS AMENDED, AUTHORIZING A ONE-TIME LUMP SUM PAYMENT TO CERTAIN EMPLOYEES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye", Berlanga and Guerrero voting "No". Mayor Jones called for comments from the audience on the other ordinances, Items 4 through 11. There was no response. City Secretary Chapa polled the Council for their votes and the following ordinances were passed: 4. ORDINANCE NO. 18980: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 39 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION; APPROPRIATING $6,777; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 6. ORDINANCE NO. 18982: AUTHORIZING THE EXECUTION OF A CONTRACT WITH A. ORTIZ CONSTRUCTION AND PAVING COMPANY FOR THE TOTAL RECONSTRUCTION OF CARRIZO STREET FROM AGNES STREET TO SOUTH BLUFF PARK AND THE APPROXIMATE 250 FOOT LONG PARK ROAD ALONG THE NORTH SIDE OF SOUTH BLUFF PARK; APPROPRIATING $32,577; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". lutes .gular Council Meeting August 20, 1985 Page 7 7. SECOND READING: CLOSING AND ABANDONING APPROXIMATELY 100 FEET OF NEMEC STREET AT THE HAMLETT DRIVE INTERSECTION, APPROXIMATELY 100 FOOT LONG UNNAMED STREET ADJACENT TO LOT 2, BLOCK 8, BOTSFORD PLACE UNIT 2, AND A 350 FOOT LONG PORTION OF UNOPENED 30 FOOT WIDE HAMLETT DRIVE, FROM NEMEC STREET TO SOUTH PADRE ISLAND DRIVE, SUBJECT TO PROVISIONS LISTED BELOW. 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, Slavik and Strong voting, "Aye". 8. SECOND READING: AMENDING CHAPTER 53, TRAFFIC, SECTION 53-252, SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS; 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, Slavik and Strong voting, "Aye". 9. THIRD READING - ORDINANCE NO. 18983: 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 I-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 third time and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 10. THIRD READING - ORDINANCE NO. 18984: 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 20, 1985 Page 8 The ordinance was read for the third time and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 11. THIRD READING - ORDINANCE NO. 18985: 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 EASE 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 third time and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". City Secretary Chapa referred to public hearing on Zoning Application No. 785-14 and informed the Council that his Office had received a call at 2:13 p.m. from the applicant, Mr. R. C. Allen, who requested that their request to postpone the hearing be withdrawn. He stated that they preferred that the hearing be conducted as scheduled after 3:00 p.m. * * * * * * * * * Mayor Jones called for consideration of the following motion from the Regular Agenda. 12. Consideration of a sidewalk waiver request by the developer of the 18.76 acre Cabaniss Industrial Park within Cabaniss Field. The Platting Ordinance requires the construction of 4 -foot wide sidewalks in this subdivision, and because of the ordinance requirement and the proximity of the property to Corpus Christi Independent School District properties, the staff feels the waiver request should be denied. Assistant City Manager James K. Lontos stated that the request for the sidewalk waiver was received from Maverick Engineering Company engineers for the subdivision developer, Mr. Jim Eaton. He displayed a transparency showing the location of the subdivision stating that it has been under construction for one year; there have been numerous problems with the development such as the developer started the subdivision without City approval of the plans; and subsequently a plan was approved which called for the installation of sidewalks in accordance with the Platting Ordinance. He explained that the Platting Ordinance includes three conditions which require that an industrial subdivision have sidewalks and noted that there are two of the three criteria which require that this developer construct sidewalks: (1) streets included in the Master Transportation Plan as thoroughfares and/or collector streets; and (2) through streets that either tie on to existing streets or to proposed thoroughfares or collectors. Mr. Lontos pointed out that there are also schools lutes gular Council Meeting August 20, 1985 Page 9 in the area which indicate that sidewalks should be constructed and the Staff recommends denial of the request to waive the requirement for sidewalks. He stated that Yorktown Boulevard is now on the Master Transportation Plan to be extended to this area. Council Member McComb stated that he has difficulty in requiring sidewalks in industrial park and inquired if there were sidewalks in other area of Cabaniss Field. Assistant City Manager Lontos explained that Cabaniss Field was constructed prior to the passage of the ordinance setting forth regulations for the sidewalks. Council Member Berlanga also questioned the need for sidewalks since there is no "R -1B" zoning in the vicinity. Council Member Strong stated that she felt that the sidewalks are needed because there are many football and baseball games played at Cabaniss Field; the school children are dropped off by their parents on Saratoga to attend the games; and they must walk in the street to get to the playing fields. She expressed the opinion that it is imperative for the children's safety to have those sidewalks installed. Mayor Pro Tem Best stated that he would suggest that sidewalks be required on Saratoga and leading to Saratoga but that the requirement for sidewalks be waived on the other streets. Council Member Slavik pointed out that the schools have no objection to the elimination of the sidewalks, and Mr. Lontos pointed out that the School District is generally in favor of sidewalks where children travel. Council Member Pruet inquired if the original plans for the subdivision indicate that sidewalks will be installed, and Mr. Lontos replied that the approved plans do include sidewalks. He also pointed out that the original plan which was not approved by the City did not have sidewalks; the streets in the subdivision were not constructed to the City's standard specifications; and the developer had to reconstruct the streets in the subdivision to the City standard specifications. Mayor Jones called for comments from the audience. Mr. Don Kingsbury, President and Trust Officer of MBank, representing the developer, presented pictures of the subdivision for the Council's review. He stated that they are requesting a waiver of the sidewalk requirement because the subdivision is zoned "I-2" and they are of the opinion that the street involved is not a collector street. He stated that they have letters indicating that some of the owners who have businesses established in the subdivision such as Seven -Up Bottling Company and C. C. Millwork and Supply, Incorporated are Minutes Regular Council Meeting August 20, 1985 Page 10 opposed to the installation of sidewalks. He noted that Corpus Christi Independent School District officials are also opposed to the sidewalks because they would encourage pedestrian traffic in an area where children should not be allowed. He stated that the companies involved feel that sidewalks would be a detriment to the subdivision because of the nature of the various businesses to be located in the industrial park. He also pointed out that the baseball and football fields are in another location at Cabaniss. Mr. Frank Haden, Maverick Engineering, explained their plan for tying certain streets into existing ones. He stated that they had made an effort to have access to Saratoga Boulevard and explained that CCISD had donated land to them to provide access to Saratoga from their property. Mayor Jones expressed the opinion that this developer has received quite a concession from this donation of land and pointed out that people will take the easiest access possible to the baseball and football fields at Cabaniss and they will use the streets in that subdivision. He then inquired about the cost of the installation of sidewalks and was informed that it would be about $50,000. Council Member Guerrero questioned the need for sidewalks in an industrial park. Council Member Strong stated that in looking at the map, she would like to suggest an alternate plan for the installation of sidewalks and suggested requiring that the developer construct them from Saratoga down Cabaniss Parkway but not require them to extend sidewalks through the industrial subdivision. Mayor Jones pointed out that Maverick Engineering is certainly aware of the City's Platting Ordinance; the developer knew what was expected when they started constructing the deoelopment; and he felt that $50,000 is a nominal fee when you consider the safety of children who might be visiting the area. Council Member McComb inquired if the mistake on the streets had cost the developer money, and Mr. Kingsbury replied that the street expense for reconstruction did cost them about $200,000. Mr. McComb continued by stating that if they had their plans approved with the sidewalks in accordance with the City's standards, they could have been spared that expense if they had complied with the City Code. A motion was made by Council Member Guerrero that the request for a waiver of the sidewalk requirement be granted. The motion was seconded by Council Member Mendez. Further discussion followed. Butes Regular Council Meeting August 20, 1985 Page 11 Council Member Strong stated that she would like to offer a friendly amendment to Council Member Guerrero's motion to require sidewalks on Cabaniss Parkway down to Saratoga be constructed but that the sidewalks not be required within the subdivision. Council Member Guerrero declined to accept the friendly amendment. Council Member Mendez then withdrew his second to Council Member Guerrero's motion to grant the waiver. Mayor Pro Tem Best seconded Mr. Guerrero's motion to grant the waiver and the motion failed to pass by the following vote: Best, Berlanga and Guerrero voting, "Aye"; Jones, McComb, Mendez, Pruet, Slavik and Strong voting, "No". A motion was made by Mayor Pro Tem Best that the sidewalk waiver be granted with the exception of the sidewalks down the property line on Cabaniss Parkway to Saratoga. Mr. Kingsbury stated that he would like to point out that the ordinance exempts sidewalks next to a ditch and he would like to request that they only be required to construct sidewalks on one side of the street since there is a ditch nearby. Mr. Lontos pointed out that the ditch is about 80 to 100 feet from the sidewalk. Council Member McComb stated that when he first read the information in regard to this he was prepared to grant the waiver but after the discussion, he felt that sidewalks should be installed for the children attending football and baseball games to walk on and suggested that the developer be required also to install sidewalks on Ranger Street when that property is developed. Mayor Jones called for the vote on the motion to grant the waiver within the subdivision but that the developer be required to construct sidewalks down the property line on Cabaniss Parkway and down to Saratoga. The motion passed by the following vote: Jones, Best, Berlanga, Guerrero, Pruet, Slavik and Strong voting, "Aye"; McComb voting, "No"; Mendez, absent at the time the vote was taken. Mayor Jones called for consideration of an ordinance from the Regular Agenda on the following item: 13. Authorizing institution of eminent domain proceedings for the acquisition of a parcel of land near F.M. 624 between Hazel Bazemore Road and U.S. Highway 77 for the River Ridge Offsite Drainage Improvements. Minutes Regular Council Meeting August 20, 1985 Page 12 Mr. Lontos located the area on a map and explained that the developer was required to drain this large piece of property; a drainage ditch was planned at the back of the property on Highway 77; the ditch was designed to provide drainage for the Highway 77 area, FM 624 and other property in the area. He explained that the developer had failed to acquire all of the easement that he needed and he requested that the City acquire it for him and agreed to pay the costs. Mr. Lontos informed the Council that this is the only parcel available to allow drainage for all of this land; and the City of Corpus Christi considers this a Public Works Project since it will benefit the public and the owners of the subdivision as well as drain adjacent property; and the eminent domain procedures are allowed under those circumstances. He stated that the Staff recommends approval of this ordinance. Mayor Jones called for comments from the audience. Mr. Gary D. Jackson, Dallas, Texas, Attorney representing W.W.W. International, stated that this partnership develops property in several states and they have purchased the property south of the subject easement. He stated that the property could be used for many purposes but the sale of property would be stopped because of the loss of this easement which destroys the value. He expressed the opinion that the best solution, if drainage is required, would be to place the drainage underground and he urged that this be done if the easement is acquired. He also contended that if the drainage is not placed underground, his clients will lose a great deal of money because an open ditch would decrease the value of the land. He assured the Council that their loss would be approximately $300,000. Council Member Strong referred to Mr. Jackson's statement that the contracts had been signed for the sale of the property and assured him that the City is not stopping access to the nursing hospital that he had referred to. Council Member Pruet inquired of Mr. Jackson how his clients plan to drain the tract of land, and Mr. Jackson replied that the water drains south for most of their property and north on a portion. Assistant City Manager Lontos interjected that this developer could utilize the proposed ditch or they would have to install storm sewer to the south. Council Member Pruet pointed out to Mr. Jackson that another developer plans to provide drainage to their tract of land. He pointed out that the tract of land could not be sold without storm drainage. Mayor Jones inquired if all of the options would be considered by the Commissioners appointed to hear the condemnation proceedings, and City Manager Martin replied in the affirmative. nutes gular Council Meeting August 20, 1985 Page 13 Council Member Berlanga suggested providing underground portion to allow for passage, and Mr. Lontos pointed out that require Sherrod's to place the drainage underground because of noted that it would require a bond issue to install underground the cost would be approximately $250,000. drainage for a the City did not the expense. He drainage because Mayor Pro Tem Best suggested delaying this for one week to see if Mr. James and his clients could work something out with the City since their tract of land will require drainage and roads. Mr. James stated that they had already requested a week's delay and they were unable to resolve the matter. Mr. Toufic Nicholas, representing Sherrod Construction Company, explained that they have been attempting to negotiate with the Wards for several years and nothing could be worked out. He, too, pointed out that the Wards would have to_ provide drainage if they intend to develop their land. There were no further comments; City Secretary Chapa polled the Council for their votes on the ordinance; and the following was passed: 13. ORDINANCE NO. 18986: AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE A PARCEL OF LAND FOR THE RIVER RIDGE OFFSITE ACQUIRE SAID PARCEL FROM THE OWNERS, AARON L. DECLARING AN EMERGENCY. CITY TO CONDEMN FEE TITLE TO DRAINAGE IMPROVEMENTS AND TO WARD AND JAMES E. WARD; AND The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". Mayor Jones announced the public hearings on three zoning applications. 14. Application No. 785-15, Church of Good Shepherd: For a change of zoning from "A-1" Apartment House District to "AB" Professional Office District on a parcel of land being a portion of Tract D, Lot 3 of the Orr Subdivision out of R. W. Rayne Tract, located on the west side of South Upper Broadway, approximately 100' north of Park Avenue. Assistant City Manager Tom Utter informed the Council that in response to the nine notices of the public hearing, two in favor and none in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend approval. Minutes Regular Council Meeting August 20, 1985 Page 14 Mayor Jones inquired if anyone wished to speak in opposition to this zoning case. 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. City Secretary Chapa polled the Council for their votes on the ordinance effecting the zoning change and the following passed: 14. ORDINANCE NO. 18987: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE CHURCH OF GOOD SHEPHERD BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF TRACT D, LOT 3 OF THE ORR SUBDIVISION OUT OF R. W. RAYNE TRACT FROM "A-1" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, and Slavik voting, "Aye", Pruet and Strong, absent. 15. Application No. 785-17, Econo Auto Painting of Corpus Christi: For a change of zoning from "B-4" General Business District to "I-2" Light Industrial District on Lot 13, Block 3, Nemec Subdivision, located on the north side of South Padre Island Drive, approximately 385' east of Dodd Drive. Mr. Utter stated that in response to the nine notices of the public hearing, one in favor and two in opposition had been returned. He informed the Council that both the Planning Commission and Planning Staff recommend denial but in lieu thereof, that a special permit be approved to allow for the installation of a paint and body shop. He also stated that the 20% rule is in effect because of the opposition expressed. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area, and displayed slides of the vicinity. Mr. Utter informed the Council that the applicant has agreed to the special permit in accordance with the site plan that was submitted. Council Member Slavik questioned approving a special permit for "I-2" uses in this area, and Mr. Wenger stated that based on the site plan that was presented, the use will be on the existing building that is on the property at this time. He pointed out that it is close to "B-4" use and with the special permit, the City can control the use. lutes ..egular Council Meeting August 20, 1985 Page 15 Council Member Berlanga questioned the use of certain chemicals in this area. Mr. Chip Bonner, Attorney representing the applicant, assured the Council that the equipment and fixtures are designed with protective devices for the employees and the residents in the area. He assured the Council that they are very concerned about the quality of their operation. No one spoke in opposition to this zoning application. A motion was made by Mayor Pro Tem Best that the hearing be closed, seconded by Council Member Mendez and passed unanimously. City Secretary Chapa polled the Council for their votes and the following ordinance passed: 15. ORDINANCE NO. 18988: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ECONO AUTO PAINTING OF CORPUS CHRISTI BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN AUTO PAINT AND BODY SHOP ON LOT 13, BLOCK 3, NEMEC SUBDIVISION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". * * * * * * * * * 16. Application No. 785-14, Mr. R. C. Allen: For a change of zoning from "AB" Professional Office District and "R -1B" One -family Dwelling District to "8-4" General Business District on a parcel of land being 5.65± acres out of Lot 1, Oso Farm Tracts and 1.93± acres of land out of Block A, Park Terrace, located on the west side of Everhart Road, between McArdle Road and Lamont Street. Mayor Jones informed the audience that the Council had previously received a request to delay this hearing, but this afternoon, the applicant had contacted the City Secretary's Office and requested that the application not be delayed but that it be heard as scheduled. He informed the large audience that the Council had copies of the Minutes of the meeting of the Planning Commission and copies of the Minutes when this property was originally presented before the City Council for rezoning. Assistant City Manager Utter informed the Council that in response to the forty-six notices of the public hearing within the 200 -foot area, ten in favor, twenty-one in opposition, plus six letters from outside the 200 -foot area and petitions with 229 signatures in opposition had been received. He stated that the Planning Commission recommended denial but in lieu thereof, that "B-3" Minutes Regular Council Meeting August 20, 1985 Page 16 zoning be granted and that the Planning Staff recommends denial. He informed the Council that the 20% rule is in effect which will require seven affirmative votes to approve the requested change of zoning. Mr. Wenger located the area on the zoning and land use map presently zoned "AB" except for the lot zoned "R -1B" and stated that the front portion has been sold by the Corpus Christi Independent School District to the applicant, Mr. Allen. He described the land use in the surrounding area, noting that there is a great deal of "AB" zoning as well as "R -1B" zoning. He then showed slides of the vicinity. He explained that the Staff is in opposition to the change of zoning request because they feel that the existing "AB" zoning is proper for this area and because approval of "B-4" would have a detrimental effect on the adjacent residential property and would greatly increase the heavy traffic on Everhart Road. Council Member Berlanga stated that he went to the site to inspect that area and he could not visualize any detrimental effect in having a shopping center in that vicinity because there is already quite a lot of business zoning in the area. He pointed out that the business will front on Everhart and if there is concern that alcoholic beverages will be sold, the Council could grant zoning that would prohibit the sale of alcoholic beverages. Mayor Jones called on the applicant or his representative to addresss the Council. Mr. Bob Dillard, 2845 Everhart Road, Suite 3, displayed an architectural model of the concept that they have for development of the property. He explained that his partner, Mr. R. C. Allen, has spent a great deal of money to determine what would be the best possible use of this property and the decision had been made that the existing buildings could not be used. He displayed an areal photograph of the area, pointing out that the Armory is located quite near there. He stated that they have agreed to construct a screening fence and turn the lights inward so as not to disturb the residential neighbors and they plan to deed restrict the property against the installation of night clubs or bars. He assured the Council that their plans will enhance the area. Mr. Dillard continued by stating that they had sent out a questionnaire to residents of areas near several shopping centers and they do not indicate any problems have been encountered because of their proximity to such centers. He stated that they had also checked the property values near shopping centers and ascertained that values have actually increased as much as 500% in about seven areas near shopping centers. Mr. Dillard also informed the Council that they have conducted a traffic survey on Everhart and at other shopping centers and they predict that "AB" zoning would attract 5,000 vehicle trips per day to this property and if they construct "B-4" businesses, only 2,500 vehicles trips a day will be attracted. He pointed out that the peak periods of traffic volume at a shopping center are different from the usual peak hours. Mr. Dillard reminded the Council that "AB" zoning would allow for the construction of three-story buildings and covered parking garages which might be detrimental to residential property owners. lutes .gvlar Council Meeting August 20, 1985 Page 17 Mr. Dillard assured the Council that they will accept the "B-3" zoning as recommended by the Planning Commission; they will accept limitations on signage; and they will move the curb cut on Lamont as close to Everhart as the City will allow. Mayor Jones pointed out that this same zoning case was considered in 1984 when Corpus Christi Independent School District was the applicant. He stated that after much thought and consideration, the Council granted the existing zoning, and at the time Mr. Allen purchased the property, he was well aware of the existing zoning. In response to Mayor Jones' inquiry, thirteen people indicated that they wished to speak in opposition to this zoning application. Mr. Stan Milsap, 4650 Lamont, stated that the neighbors are aware of the political and economic pressures placed on the Council Members in connection with this zoning case. He stated that they feel very strongly that one investor's desires should not take precedence over the feelings of the citizens of their area who do not want a change of zoning. He pointed out that over 200 people are opposed to this zoning application because they do not want an intrusion into the area that will interfere with the residential nature of the neighborhood. He noted that the neighbors pay more taxes and have more jobs than Mr. Allen's project will create. Mr. Richard Hanks, 4630 Lamont, stated that he lives just outside the area of notification. Mr. Hanks referred to the Zoning Book of the 1960's which suggested that the character of the neighborhood should be considered and also, the need should be considered before change of zoning requests are granted. He then referred to the previous zoning change on this property at which time everyone involved was concerned about protecting the interest of the neighbors, including the attorney for CCISD. He pointed out that if the property had been zoned "B-4" at that time, the School District would have realized an additional $2 million for the sale of the property. He reminded the Council that the applicant was aware of the zoning when he bid on the property. He asked that the Council vote "No" on this application. Mr. John Noakes, 4638 Mildred, read a letter from the Corpus Christi Council of Neighborhood Associations which voted to support the Parkdale residents in their opposition to the change of zoning proposed by Mr. Allen. He stated that they are concerned about the devaluation of their property and also about excessive traffic on Everhart Road which will overflow onto Mildred Drive. Mrs. Lila Coburn, 4622 Lamont, expressed opposition because she does not want to live across the street from a shopping center. She disagreed that all day traffic would be preferable to peak hour traffic and urged denial of the zoning request. Minutes Regular Council Meeting August 20, 1985 Page 18 Mrs. Barbara Eichman, 4602 Lamont, expressed opposition for the following reasons: (1) safety of the children in the neighborhood; (2) people have a tendency to loiter in shopping centers; and (3) there is no way people going down Lamont Street can make a left turn on to Everhart. Mr. Ernest Ramey, 4646 Lamont, who owns property within the 200 -foot area, stated that 76% of the area property owners voted against the zoning change. Mr. Jesse Reyes, 4642 Lamont, stated that his property will face the rear of the proposed shopping center and he is opposed to this invasion into their neighborhood. Mrs. Kathy Wagner, 4902 Mildred, stated that she is opposed to the change of zoning and she looks to the City Council to protect her home and her neighborhood. Also speaking in opposition to the zoning request was Mr. Wayne Austin, 4609 Jansen. Mr. Sigbredo Berlanga, 4902 Arlene, stated that several years ago, the neighbors were opposed to the construction of the Armory in their neighborhood. He expressed the opinion that the shopping center would be good for the neighborhood because they create jobs and are there for the convenience of the residents of the area. An unidentified lady from the audience expressed opposition, particularly to a restaurant serving alcoholic beverages and possibly staying open late at night. She pointed out that there is no need for a shopping center in this area because there are a number of centers already in existence that have many vacancies. A motion was made by Council Member Pruet that the hearing be closed, seconded by Mayor Pro Tem Best and passed unanimously. Mayor Jones stated that he cannot support "B-3" zoning or any change because the Council carefully considered this last year and granted fair zoning at that time. Council Member Pruet expressed appreciation of the sincerity of the people who are opposed to the change of zoning. He stated that he had a problem understanding how a shopping center would have an adverse effect on the neighborhood. He expressed the opinion that eliminating the curb cut on Lamont Street may have some value. He expressed the opinion that screening fences, having the lighting turned inward, and traffic controls could protect the neighbors. nutes ..egilar Council Meeting August 20, 1985 Page 19 Council Member Slavik expressed concern about the integrity of the Parkdale neighborhood and stated that she would vote in opposition to the change of zoning. She pointed out that many of the shopping centers referred to by Mr. Dillard are located where there is a real need for a shopping center but she did not think that there is a need for one at this location. She pointed out that the former Council had studied this very carefully last year and made the decision to unanimously approve "AB" zoning. Council Member Guerrero pointed out that "AB" zoning would allow three-story office buildings and parking garages which would generate more traffic than a shopping center. He stated that he will support the change of zoning request. He inquired if "B-3" would not be appropriate, he would like to ask the applicant if he would accept "B-1" zoning. Mayor Jones pointed out that if the applicant is asked a question, the public hearing would have to be reopened. Council Member Guerrero then inquired about the Staff's opinion of "B-1" zoning, and Mr. Utter replied that the Staff prefers "AB" zoning for this property, but "B-1" zoning would be preferable to "B-3". He suggested that it might be possible to approve a special permit for "B-1" uses with the restriction that no apartments be allowed. Mr. Wenger stated that he wanted to correct the reported number of vehicle trips per day and stated that "A-2" zoning would allow the number of units that would generate 1,910 vehicle trips per day, but "AB" zoning would only generate 1,320 vehicle trips per day, not 5,000. He also pointed out that the shopping center survey conducted by Mr. Dillard related to residences backing up to shopping centers rather than facing them and the shopping centers were constructed before the residences were constructed. A motion was made by Council Member Guerrero that the requested zoning of "B-4" be denied but in lieu thereof, that "B-1" zoning be granted with the restrictions that no liquor by the drink establishments and no apartments will be allowed on the property. Mr. Utter stated that he understood what Mr. Guerrero was trying to achieve but he felt that the motion should be for a special permit allowing "B-1" uses with the exception of apartments or bars. Council Member Guerrero concurred and the revised motion was seconded by Council Member Pruet. Further discussion followed and the motion failed to pass by the following vote: Berlanga, Guerrero and Pruet voting, "Aye"; Jones, Best, McComb, Mendez, Slavik and Strong voting, "No". Minutes Regular Council Meeting August 20, 1985 Page 20 City Secretary Chapa then polled the Council for their votes on the ordinance changing the zoning on this property to "B-3". The following ordinance failed to pass as indicated: 16. AMENDING THE ZONING ORDINANCE UPON APPLICATION OF R. C. ALLEN BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 1, OSO FARM TRACTS AND A PORTION OUT OF BLOCK A, PARK TERRACE FROM "AB" PROFESSIONAL OFFICE DISTRICT AND "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-3" BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance failed to pass by the following vote: Jones, Best, McComb, Pruet, Slavik and Strong voting, "Nay"; Berlanga, Guerrero and Mendez voting, "Aye". * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the Agenda. Ms. Beverly Honeycutt stated that she is with a group from the People's Baptist Church. She stated that they have been picketing the x -rated movie and book store near the bus station in downtown Corpus Christi and urged that the Council close those businesses. Mayor Jones stated that he would also like to see them closed but there is no way that the City Council has the right to do this. He then inquired if a church has the right to file a suit against a business such as this. City Manager Martin stated that there is no prohibition against anyone filing a suit but the City has to be very careful about violating constitutional rights. He stated -that City police officers do make arrests when movies are showing films of a pornographic nature. Mayor Jones stated that he did not know of any legal action this Council can take to close such establishments. Council Member Guerrero stated that he supports the People's Baptist Church on their stand in this matter. Council Member Slavik informed Ms. Honeycutt and others present that Judge Margarito C. Garza was successful in closing some movie theatres at one time. She suggested that they contact him to see how this was done. Mayor Jones urged that they check with their legal counsel on this also to be sure that they do not violate anyone's constitutional rights or the laws of this State. :sites _.egular Council Meeting August 20, 1985 Page 21 Speaking on the same matter was Mr. Sam Shamoon, also of the People's Baptist Church, who stated that he has been in touch with the National Federation for Decency and they have some legal briefs on the subject. He stated that he has been asked to speak to the Council for about four churches that have been involved in the picketing of the businesses and expressed the opinion that the adult book stores encourage prostitution and child molestation in that neighborhood. Reverend Shamoon then referred to a case heard by the Supreme Court in which they did declare that obsenity is not protected by the First Amendment. Two other young ladies spoke in opposition to the pornographic literature and movies. There being no further business to come before the Council, on motion by Mayor Pro Tem Best, seconded by Council Member Slavik and passed unanimously, the Regular Council Meeting was adjourned at 6:29 p.m., August 20, 1985. DZ/rr