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HomeMy WebLinkAboutMinutes City Council - 01/14/1986MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 14, 1986 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 Mayor Luther Jones called the meeting City Hall. rAtelt Acting City Manager Ernest Briones City Attorney Hal George Asst. City Secretary Dorothy Zahn to order in the Council Chamber of The invocation was given by Council Member Joe McComb, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Mary Pat Slavik. Assistant City Secretary Zahn called the roll and verified that a quorum of the Council and the required Charter Officers were present to conduct the meeting. A motion was made by Council Member Strong that the minutes of the Regular Council Meeting of January 7, 1986 be approved; seconded by Council Member Mendez; and passed unanimously. * * * * * * * * * * Mayor Jones deviated from the Regular Agenda and stated that there were two items from the Workshop Agenda which the Council needed to discuss at this time. MICROFILMED .inutes Regular Council Meeting January 14, 1986 Page 2 A motion was made by Mayor Pro Tem Best that the Council concur with the recommendation of the Co -Chairmen for the Charter Revision Commission and appoint John Bell to fill a vacancy created by a resignation. The motion was seconded by Council Member McComb. Council Member Berlanga expressed disappointment with the selection of John Bell for the Charter Revision Commission. He stated that when single -member districts were formed, the first item discussed and agreed upon was the need to ethnically balance the boards and commission. He stated that he would make the Hispanic community, the Texas Municipal League, National League of Cities, Homeport Groups, and the Navy aware of the vote taken to fill the vacancy. He further stated that the Hispanics are no longer a minority population wise and that this action would have a bearing on the Bond issue, Homeport, Tourism, and many other things related to the City. Council Member Guerrero agreed with Mr. Berlanga's comments and pointed out the importance of having equal representation on the Charter Revision Commission. He expressed the opinion that the Commission falls short of equal representation, adding that this Council is undermining the studies and efforts made on representation. He concluded by stating that it is a sad thing for the Council to allow this. Mayor Pro Tem Best explained that his reason for nominating John Bell to this position was because it was the recommendation of the Co -Chairmen of the Charter Revision Commission. Council Member Slavik expressed concern, stating that she felt this is a very important Commission. She stated that the Charter Revision Commission should be representative of the people and that, in her opinion, people should not have to be well educated to be representative of this community and that the Co -Chairmen should have studied the issue more thoroughly. She expressed the opinion that she did not think this Commission was ethnically balanced and for this reason, she would vote against the motion. Council Member Pruet agreed with Mrs. Slavik that this Commission is a very important one but disagreed with her statement that it is not important that the members be educated people. He stated that when trying to develop the Commission that is going to recommend changes to the Charter which is a governing document for the City, the Commission needs the best qualified people. He concluded by stating that he would support the recommendation of the Co -Chairmen. Council Member Mendez stated he would oppose the recommendation because he is concerned with the type of representation on this Commission. He stated that he would approach the Co -Chairmen personally and advise them to look into this situation in the future more thoroughly. _.inutes Regular Council Meeting January 14, 1986 Page 3 Mayor Jones indicated that he would send a message to the Co -Chairmen in this regard. He then called for the vote on the motion previously made by Mayor Pro Tem Best and it passed by the following vote: Jones, Best, McComb, Pruet and Strong voting, "Aye"; Berlanga, Guerrero, Mendez and Slavik voting, "No". In regard to the discussion of liability concerning a Library change order, Council Member McComb stated that he agrees with the staff's determination and is in full support of the recommendation. He expressed concern about future change orders. Mayor Jones announced the presentation by Valero Refining Company. Mr. Danny Martinez, Public Affairs representative for Valero Refining Company, presented Council Member Guerrero, as a representative of the City, with a check in the amount of $1,000 for Operation Heat Help. Council Member Guerrero made appropriate remarks and provided a history of Operation Heat Help. He stated that this was the first contribution for the year and that he hopes that this would encourage others to contribute. * * * * * * * * * Mayor Jones stated that he had received word that Mr. Jerry Oldani of Jensen-Oldani Associates, Inc. would have the profile for the City Manager ready by Friday evening and had indicated he would like to appear before the City Council on January 21st at 4:00 p.m. Mayor Jones then recommended that a presentation by Mr. Oldani be scheduled on the agenda for that date. Council Member Guerrero suggested that the meeting for this particular item be scheduled at another larger facility to be open to the public and possibly schedule it for 7:00 p.m. Council Member Strong pointed out that there was a public hearing on the Capital Improvement Program already scheduled for that date at 6:30 p.m. A motion was made by Council Member Guerrero that Mr. Oldani's appearance before the City Council be scheduled for a public hearing at 5:30 p.m., Tuesday, January 21st. The motion was seconded by Council Member Slavik. Mayor Pro Tem Best stated that perhaps the public hearing could be scheduled for the week after the profile has been presented. Mayor Jones called for the vote on the motion and it failed to pass by the following vote: Berlanga, Guerrero and Slavik voting, "Aye"; Jones, Best, McComb, Mendez, Pruet and Strong voting, "No". _.inutes Regular Council Meeting January 14, 1986 Page 4 Mayor Pro Tem Best then made a motion that Mr. Oldani's request to present the profile to the City Council be scheduled for January 21, 1986 at 4:00 p.m.; seconded by Council Member Strong; and passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Guerrero, "No". Mayor Jones administered the Oath of Office to the following newly appointed members of Boards and Commissions: Mrs. Judith Heaney (School), Museum Advisory Board; and Mr. I. C. Moreno, Building Code Board of Appeals. * * * * * * * * * A motion was made by Council Member Strong that the following appointments to Boards and Committees be approved, seconded by Council Member Slavik and passed unanimously. a. BAY DRILLING COMMITTEE: (Appointed by the Mayor with approval of the Council) Ray Cardenas (gen. public) 12-31-88 Tito Guerrero (alt., gen. public) 12-31-86 b. Senior Community Services Advisory Committee: Catherine Chambers Advisory Ray J. Garcia 12-31-87 * * * * * * * * * * Mayor Jones announced the bid opening on the following project: Ocean Drive Sidewalk/Bikeway: For the construction of a 7 -foot wide sidewalk and bikeway along the east side of Ocean Drive from the Holiday Inn entrance at Buford Street to the north access road in Cole Park. Assistant City Manager James K. Lontos read bids from the following companies: Bracco Construction Company, Inc.; J. D. Construction, Inc.; A. Ortiz Construction & Paving, Inc.; and Perry Construction Company, Inc. Mayor Jones stated that the bids would be tabled for 48 hours, pursuant to the requirements of the City Charter. * * * * * * * * * .inutes Regular Council Meeting January 14, 1986 Page 5 A motion was made by Council Member Slavik that the following item from the Workshop Meeting be approved; seconded by Council Member Mendez and passed unanimously. 16a. Appointing Council Member Joe McComb to serve on the Navy Homeport Impact Coordinating Committee in the absence of Mayor Luther Jones. * * * * * * * * * * Mayor Jones called for consideration of the Consent Motions, items 1 through 16, with the exception of item 10 which was withdrawn during the Morning Workshop Meeting. 1. Approval of specifications and authorization to receive bids for a twelve month supply agreement, with option to extend for an additional twelve months, subject to the approval of the supplier and the City Manager, or his designee, for mufflers, tail pipes, mounting hangers, and service. Estimated annual expenditure is $15,000. 2. Approval of specifications and authorization to receive bids for a twelve month supply agreement, with option to extend for an additional twelve months, subject to the approval of the supplier and the City Manager, or his designee, for replacement of auto, truck, and construction equipment safety glass. Estimated annual expenditure is $11,200. 3. Approving the award of a wheel tractor with brush loader for the Sanitation Division to Kuenstler Machinery for the amount of $43,155, based on low bid. This item is included in the 1985-86 Capital Outlay budget. 4. Awarding a contract in the amount of $11,696.25 to Baker Electric Company, Inc. based on low bid for the installation of ten lights on the recently constructed rock groin at the north end of Corpus Christi Beach. Funds for this work have previously been appropriated. 5. Amending the revocable easement authorized by Motion No. M85-0501 on November 5, 1985, by changing the name of the grantee from First City Bank to Tower II, Ltd., due to a change in property ownership. This revocable easement grant permitted the installation of 15 concrete piling in the right-of-way of Carancahua Street to protect the street while foundation and footing excavation for a high-rise building was taking place. 6. Approving a contract with McCall & Associates to provide architectural services for improvements at Ben Garza Gymnasium and Meadow Park Recreation Center for a fee of $19,980. Improvements at the Ben Garza Gymnasium include replacement of major portions of the roof and repair/replacement of air conditioning and heating systems to solve cooling and heating problems. At Meadow Park Recreation Center, it is proposed to expand the existing City/County Health Clinic at the center by approximately 1,000 square feet and to perform some reroofing work. Funds for this work have previously been appropriated from the llth Year Community Development Block Grant Fund. .inutes Regular Council Meeting January 14, 1986 Page 6 7. Approving the following actions relative to the new Texas Mexican Railway Depot at 101 North Alameda Street: a. The depot and related facilities be accepted. b. Final payment of $15,000 be authorized to the Zeller Company. c. The depot be transferred to the Texas Mexican Railway Company for operation and maintenance as provided for in the contract between the railway company and the City. The total cost of this project, which was constructed with Community Development Block Grant Funds, is $150,000. 8. Authorizing acquisition of four parcels of land (112, and 1116, 1117, 1f19), one located off Princess Drive and the other three located between Leopard Street and Shane Drive, for the Turkey Creek Drainage Improvement Project. 9. Approving an Agreement for Consultant Services with Tank Industry Consultants, Inc. which provides for the physical inspection of the Gollihar Street Water Storage Tank located at Gollihar Road and Ayers Street, the preparation of a comprehensive report recommending necessary structural repairs to include repainting, and the preparation of plans and specifications for the recommended work approved by the City. The total cost of these services will not exceed $5,090.50, and funding for this work is included in the 1985-86 Water Division Operating budget. 10. (This item was withdrawn during the Morning Workshop Meeting.) 11. Scheduling a public hearing for February 4, 1986, relative to the closing of Tenth Street from Booty to McKenzie Street for traffic purposes only. This action is recommended at the request of Nueces County MHMR Community Center, located at 1630 South Brownlee Boulevard, wherein the center would like to utilize the existing right-of-way of Tenth Street for parking, landscaping, and similar uses coincidental with their expansion plans. 12. Scheduling a public hearing on February 4, 1986, on a request to close 17th Street from Agnes Street to Marguerite Street and the unimproved 10 -foot wide alley in Block 8, Home Place Subdivision. The staff has no objection to the street and alley closures subject to retainage of appropriate utility easements. 13. Approval of a contract with M. E. Allison & Co., Inc. for financial advisory services in connection with the financial planning for the proposed Capital Improvements Program. 14. Accepting the Gabe Lozano, Sr. Golf Center Driving Range Lighting project and authorizing final payment to Baker Electric Co., Inc. in the amount of $16,400. _.inutes Regular Council Meeting January 14, 1986 Page 7 15. Granting a six-month time extension to Jam -Tex-Mex on the deadline for submission of a site plan for the pending prezoning of "I-2" Light Industrial District with a special permit for a solid waste conversion plant on 30.3 acres out of Lot 7, Section 14, Bohemian Colony Lands. 16. Granting a six-month time extension to Regan and Associates on the deadline for submission of a site plan for the pending zoning and prezoning of "B-4" General Business District with a special permit for driveway control on 13.04 acres out of Annex No. 2, Nueces River Irrigation Park. There were no comments from the audience on the Consent Motions. A motion was made by Council Member Mendez that the Consent Motions, items 1 through 16, item 10 having been withdrawn, be approved; seconded by Council Member Pruet; and passed by the following vote: Jones, 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 the Consent Ordinances, items 17 through 28. In regard to Ordinance No. 22 which appropriated $15,000 from the Multicultural Center Bond Fund to provide for improvements applicable to the Galvan House Restoration project, Council Member Strong questioned the amount appropriated for a carpet runner needed for the wooden stairs. Assistant City Manager Tom Utter explained that this is just an estimate but that the City will go out for bids on this. There were no further comments from the Council or the audience on the Consent Ordinances; Assistant City Secretary Dorothy Zahn polled the Council for their vote; and the following were approved: 17. ORDINANCE NO. 19150: AMENDING COMPENSATION ORDINANCE NO. 8127, SECTION 510, MANAGEMENT GROUP, BY ADDING THE MANAGERIAL JOB TITLE AND CLASSIFICATION FOR ASSISTANT BUSINESS DEVELOPMENT DIRECTOR; 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." .inutes Regular Council Meeting January 14, 1986 Page 8 18. ORDINANCE NO. 19151: AUTHORIZING THE EXECUTION OF A CONTRACT WITH CORPUS CHRISTI LAND VENTURE, INC., FOR THE EXTENSION OF THE SANITARY SEWER TRUNK MAIN FROM THE LIFT STATION ON FLOUR BLUFF DRIVE SOUTH OF PURDUE ROAD TO THE WESTERN PORTION OF THE DON PATRICIO SUBDIVISION; APPROPRIATING $408,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Guerrero, "No." 19. ORDINANCE NO. 19152: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CORPUS CHRISTI LAND VENTURE FOR THE CITY'S SHARE OF CONSTRUCTION COSTS OF A BRIDGE ACROSS AN EXISTING 130 FOOT DRAINAGE RIGHT-OF-WAY IN THE FUTURE KING'S CROSSING WEST SUBDIVISION; APPROPRIATING $52,300.77; 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." 20. ORDINANCE NO. 19153: AUTHORIZING THE EXECUTION OF A CONTRACT WITH INC. FOR THE CONSTRUCTION OF AN APPROXIMATELY SAFETY BUILDING ON PADRE ISLAND; APPROPRIATING AN EMERGENCY. The Charter Rule was suspended and the ordinance Best, Berlanga, Guerrero, McComb, Mendez, Pruet, "Aye." 21. ORDINANCE NO. 19154: COLEMAN-ROTH CONSTRUCTION, 4,300 SQUARE FOOT PUBLIC $353,370.10; AND DECLARING passed as follows: Jones, Slavik and Strong voting, AUTHORIZING THE EXECUTION OF AMENDMENT NO. 6 TO THE CONTRACT WITH URBAN ENGINEERING FOR DESIGN AND INSPECTION SERVICES ON THE McARDLE ROAD SLIPLINING PROJECT; APPROPRIATING $77,010; 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." 22. ORDINANCE NO. 19155: APPROPRIATING $15,000 OUT OF THE MULTICULTURAL CENTER BOND FUND FOR VARIOUS IMPROVEMENTS AT THE MULTICULTURAL CENTER; AND DECLARING AN EMERGENCY. .inutes Regular Council Meeting January 14, 1986 Page 9 The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 23. ORDINANCE NO. 19156: AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 A ZONING CLASSIFICATION OF "B-4" GENERAL BUSINESS DISTRICT ON THE SAID AREA OF LAND DESCRIBED AS A PORTION OUT OF LOT 8, 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, Slavik and Strong voting, "Aye"; Pruet, abstaining. 24. SECOND READING: AUTHORIZING THE EXECUTION OF A LEASE MODIFICATION AND AMENDMENT TO THE LEASE WITH PLEASURE PIER ASSOCIATES, INC. FOR THE OPERATION OF CAPTAIN BOOMERS RESTAURANT; AND PROVIDING FOR PUBLICATION. The ordinance was read for the second time and passed to third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 25. THIRD READING - ORDINANCE NO. 19157: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND GREG VOISIN, TRUSTEE, FOR THE ANNEXATION OF APPROXIMATELY 6.4 ACRES OF LAND BEING A PORTION OF LOTS 4-8, SECTION 26, AND A PORTION OF LOTS 25-30, SECTION 27, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AND A PORTION OF LOT 12, BLOCK 3, GREENFIELDS BY THE BAY UNIT II, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 26. ORDINANCE NO. 19158: ANNEXING A 6.4 ACRE TRACT OF LAND OUT OF LOTS 4-8, SECTION 26, AND A PORTION OUT OF LOTS 25-30, SECTION 27, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AND A PORTION OF LOT 12, BLOCK 3, GREENFIELDS BY THE BAY UNIT 2, OWNED BY GREG VOISIN, TRUSTEE; AND DECLARING AN EMERGENCY. ..inutes Regular Council Meeting January 14, 1986 Page 10 The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 27. THIRD READING - ORDINANCE NO. 19159: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND WOOD RIVER ASSOCIATES FOR THE ANNEXATION OF APPROXIMATELY 25 ACRES OF LAND BEING A PORTION OUT OF THE MARIANO L. DE HERRERA GRANT, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 28. ORDINANCE NO. 19160: ANNEXING A 25 ACRE TRACT OF LAND OUT OF THE MARIANO DE HERRERA GRANT, ABSTRACT 604, NUECES COUNTY, TEXAS, OWNED BY WOOD RIVER ASSOCIATES; 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 street closure: 29. A 40 -foot wide by 105 -foot long unimproved street right-of-way in Tract 3D, Lot 2, Lokey Subdivision. The request is being made in connection with the platting of Wooldridge Creek Center. The closure is recommended subject to retainage of appropriate utility and drainage easements. Assistant City Manager James R. Lontos displayed a transparency of the location and stated that the owners have requested that the street be closed since there is no need for a street in the future, and there are no City utilities existing in this right-of-way; however, it is planned to extend a sanitary sewer in an easement through a portion of the right-of-way. He stated that as the right-of-way is adjacent to the Mary Carroll Drainage Channel, it will be necessary that additional drainage right-of-way be retained. Mr. Lontos further stated that Central Power & Light Company has also requested that a 10 -foot wide utility easement be retained along the west end of the right-of-way to allow for future electrical distribution entry from their large transmission _.inutes Regular Council Meeting January 14, 1986 Page 11 easement on the opposite side of the drainage right-of-way. He concluded by stating that the Staff offers no objection to the closure request subject to the retainage of a 10 -foot wide utility easement and 10 -foot wide drainage easement parallel to the drainage channel, dedication of a 10 -foot wide utility easement along the west side of the right-of-way, and replatting of the property as required. Mayor Jones called for comments from the Council or the audience in regard to the street closure request. There was no response. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member McComb and passed unanimously. Assistant City Secretary Dorothy Zahn stated that the ordinance effecting the street closure request will be on the agenda the following week. Mayor Jones announced the public hearing on two zoning applications. 30. Application No. 1285-2, W. R. Hubler, M.D.: For a change of zoning from "AB" Professional Office District and "AB" Professional Office District with a "SP" Special Permit to "B-1" Neighborhood Business District on Block 1002, Bay Terrace Unit 2, located between Elizabeth, Brownlee, and 11th Streets. Assistant City Manager Utter stated that of the 43 notices of the public hearing that were mailed, 5 were returned in favor and one in opposition. He stated that the Planning Commission is recommending approval and the Planning Staff recommends denial of "B-1" and in lieu thereof, grant a special permit on the south most portion of the tract for a retail optical shop, subject to an acceptable site plan. Mr. Larry Wenger, Director of Planning, displayed the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity, pointing out that the property fronts on Brownlee Boulevard, a collector street on the Urban Transportation Plan, and on Elizabeth and 11th Streets, both of which are classified as local streets. He stated that the property is adjacent to a complete block of residential uses to the east; that although the block occupied by these residential uses is zoned "AB", the properties have not, as of yet, converted to office use; and that it is the staff's opinion that granting of "B-1" zoning would have a negative effect on the adjacent properties and would add to traffic congestion in the area. minutes Regular Council Meeting January 14, 1986 Page 12 Speaking on behalf of the applicant was Mr. Curtis Cook, the optician, who stated that the reason for establishing a facility in that area is because of the businesses that are in operation there which will supplement his business. Mr. Cook stated that this is the third time that Dr. Hubler has requested "B-1" zoning for this property. He expressed the opinion that an optical shop will bring a professional use to the community; it was an eye sore; he intends to remodel and provide a service to people in the area. He presented the Council with photographs of the area. Council Member Berlanga inquired of Mr. Cook if he would be willing to accept a special permit, and Mr. Cook replied that he would prefer that it be zoned "B-1". Mr. John Thomasson, 1205 Airline, spoke in favor of the request because he was of the opinion that "B-1" zoning is the highest and best use for the property. Mayor Jones inquired of Mr. Wenger as to what is allowed in "B-1" zoning, and Mr. Wenger replied that "B-1" would allow for a convenience store, a service station, any type of neighborhood use such as laundry, retail store or restaurant. He reiterated the Staff's concern, adding that a special permit would be adequate for an optical shop. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Strong and passed unanimously. Council Member Strong referred to the pharmacy that was in existence on the subject property and inquired if it was zoned "AB." Mr. Wenger explained that the pharmacy was under a special permit for "B-1" use but that the special permit expired as operation of the pharmacy ceased for over one year. Assistant City Secretary Zahn polled the Council for their vote as follows: 30. ORDINANCE NO. 19161: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF W. R. HUBLER, M.D., BY CHANGING THE ZONING MAP IN REFERENCE TO BLOCK 1002, BAY TERRACE UNIT 2 FROM "AB" PROFESSIONAL OFFICE DISTRICT AND "AB" PROFESSIONAL OFFICE DISTRICT WITH A "SP" SPECIAL PERMIT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; 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". _.inutes Regular Council Meeting January 14, 1986 Page 13 31. Application No. 1285-3, C.E.B. Development Company: For a change of zoning from "B-1" Neighborhood Business District with a "SP" Special Permit and "AB" Professional Office District with a "SP" Special Permit to "B-4" General Business District on Lot 2, Block 1, Stonegate North Unit 1, located on the west side of Everhart Road, between Curtis Clark and Bonner Drives. Assistant City Manager Utter stated that in response to the 47 notices of the public hearing that were mailed; 2 in favor; 27 within the 200' area of notification and 1 outside the 200' area of notification were received in opposition. He stated that the 207. rule is in effect. Mr. Utter stated that the Planning Commission and Planning Staff's recommendation is for denial of "B-4", and in lieu thereof, grant a special permit for a 40 square foot sign to be located toward the south end of the property and repeal Ordinance No. 18823 which granted a special permit for a 40 square foot freestanding sign at the north end of the property. 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 vicinity, pointing out that the property is located within a "B-1" Neighborhood Business District and is adjacent to a large townhouse development and an established single-family residential area. He stated that the requested zoning would allow a number of uses that would be incompatible with these residential areas and that it is the opinion of the Staff that this property, which is occupied by neighborhood business uses, is appropriately zoned and that the granting of the "B-4" zoning to allow additional signage would be inappropriate. Mayor Jones called on the applicant to speak at this time. Mr. Jack Solka, 6262 Weber, co-owner of the building, stated that the 27 people who responded in opposition visualize heavy business in the area. He stated that all they want is permission to erect on additional sign. He explained that they had been before the Planning Commission last May requesting two signs, one at Curtis Clark and Everhart, and the other at Bonner and Everhart; they were granted the sign at Curtis Clark and Everhart and were told to reapply when they had a specific tenant, which they now have; and that during the first eight years, there was a group of four doctors in the building. He further stated that the doctors had vacated the premises about three months ago, and now Care Medical Clinic occupies the space. He stated that the clinic will operate from 8:00 a.m. to 8:00 p.m., seven days a week; they would like to have a directional sign approximately three feet tall in one of the driveways; and that they have no intention of changing any of the uses in the facility. He provided the Council with copies of a letter sent to the adjacent property owners. He pointed out that there are a series of illegal signs in the area. _inutes Regular Council Meeting January 14, 1986 Page 14 Council Member Slavik inquired about the location of the previously approved second sign, and Mr. Solka informed the Council that the second freestanding sign has not been erected yet but that it was for the purpose of advertising two tenants, one of which was for a liquor store, the other for a facility which is now vacant. Mayor Jones called for those who wished to speak in opposition. Mr. George Resnick, 5424 Stonegateway, a resident and spokesman for the Village Park Townhomes residents, spoke in opposition to the request. He stated this is a residential neighborhood; the special permit Mr. Solka had been granted previously was for a sign which was never erected. He stated that the purpose of the petition was to exhibit their current concern and that at that time, he was not aware of the letter that was sent to the homeowners. He stated that he was mystified that it took Mr. Solka until January 10th to discover the deed restrictions. He expressed the opinion that it is not appropriate to have "B-1" zoning in name only and asked that the Council deny the request. Council Member Slavik inquired of Mr. Utter if three signs were erected on the building if that would technically change the zoning from "B-1." Mr. Utter replied that it could be considered simply a high type of "B-1" zoning. Mayor Jones inquired of Mr. Solka if he thought that the proliferation of signs would detract from the facility, and Mr. Solka replied that he did not feel that three signs would detract from a 600 -foot building. Mayor Jones then asked Mr. Solka if he would guarantee the Council that this would be the last time that he would request additional signs, and Mr. Solka assured the Council that he would not request any additional signs on this property. Mayor Jones then inquired of Mr. Utter if the City had issued any citations on illegal signs across the street from the subject property, and Mr. Utter replied that the Planning Staff is studying signs on Everhart down to Alameda and citations are being issued. Mayor Pro Tem Best then asked Mr. Wenger about what actually happens when an illegal sign is found on a property, and Mr. Wenger explained the process involved. Mr. Resnick spoke again and stated that he does not think it is right to justify having more signs in the area just because there are some illegal signs across the street; questioned Mr. Solka's statement that he does not think he intends to request additional signs in the future if this request is granted; and questioned whether Mr. Solka could be in violation of the deed restrictions. .,inutes Regular Council Meeting January 14, 1986 Page 15 Mayor Jones pointed out to Mr. Resnick that the City is not in the business of enforcing deed restrictions. Mr. Utter explained to Mr. Resnick that deed restrictions are private covenants and his only recourse is to file suit. Mr. Resnick stated that they are not interested in litigation, they just want to protect their neighborhood, and asked that the Council help them do so. He reiterated that they are against the "B-4" zoning request and concluded by reading a portion of the petition submitted to the Planning Commission. A motion was made by Council Member Strong that the hearing be closed, seconded by Council Member Mendez and passed unanimously. Council Member Strong inquired if this particular property were owned by several different business owners, how many signs would be allowed for the area, and Mr. Utter replied that it could be platted into twelve different lots with a sign on each lot. Council Member Strong stated that ordinarily she would be concerned with a neighborhood that abuts a shopping center, but in view of the fact that the signs are not visible to the neighborhood which is behind, she would move that Application No. 1285-3 be denied the "B-4" zoning and in lieu thereof, grant a special permit for a 40 square foot sign to be located toward the south end of the property and retain the special permit for the 40 square foot freestanding sign at the north end of the property. The motion was seconded by Council Member Guerrero. Mayor Jones pointed out that Mr. Solka had made a statement that he would never come before the Council to request additional signs for this property and he expected him to abide by that statement. He then called for the vote on the motion and it passed unanimously. Assistant City Secretary Zahn polled the Council for their vote and it passed as follows: 31. ORDINANCE N0. 19162: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF C.E.B. DEVELOPMENT COMPANY BY GRANTING A SPECIAL COUNCIL PERMIT FOR A 40 SQUARE FOOT SIGN ON A PORTION OUT OF LOT 2, BLOCK 1, STONEGATE NORTH UNIT 1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." ainutes Regular Council Meeting January 14, 1986 Page 16 Mayor Jones called for the City Manager's Report. Acting City Manager Ernest Briones stated that the Staff would provide the Council with a report on the illegal signs next week. Mr. Briones provided the Council with a list of the Homeport Steering Committee Membership as requested during the morning Workshop Meeting. Mayor Jones called for petitions from the audience on matters not scheduled on the agenda. There was no response. * * * * * * * * There being no further business to come before the Council, on motion by Council Member Guerrero, seconded by Council Member Strong and passed unanimously, the Regular Council Meeting was adjourned at 4:15 p.m., January 14, 1986. * * * * * * * * * rr I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of January 14, 1986, which were approved by the City Council on January 21, 1986. WITNESSETH MY HAND AND SEAL, this the /2/ day of F a,zuq 2q , 1986. Armando Chapa, City Secr4'tary City of Corpus Christi, Texas