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HomeMy WebLinkAboutMinutes City Council - 04/15/1986PRESENT: Mayor Luther Jones Mayor Pro Tem Dr. Jack Best Council Members: David Berlanga, Sr. Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik *Linda Strong MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING APRIL 15, 1986 2:00 P.M. Acting City Manager Ernest Briones City Attorney Hal George City Secretary Armando Chapa Absent Leo Guerrero Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Berlanga, following which the Pledge of Allegiance to the Flag of the United States was led by Kara Neal. City Secretary Chapa called the roll and verified that a quorum of the Council and the required Charter Officers were present to conduct the meeting. Council Member Berlanga made a motion to excuse Council Member Guerrero's absence; seconded by Council Member Slavik; and passed by the following vote: Jones, Berlanga, McComb, Mendez, Pruet, and Slavik voting "aye"; Best and Strong absent at the time the vote was taken; Guerrero absent. A motion was made by Council Member Slavik that the minutes of the Regular Council Meeting of April 8, 1986, be approved as presented; seconded by Council Member Berlanga; and passed by the following vote: Jones, Berlanga, McComb, Mendez, Pruet, and Slavik voting "aye"; Best and Strong absent at the time the vote was taken; Guerrero absent. * * * * * * * * * * * * * Mayor Jones called on Dr. Jack M. Payne of Texas A & M Research & Extension Center. i4inutes Regular Council Meeting April 15, 1986 Page 2 Dr. Payne informed the Council that he is a wildlife biologist with Texas A&M Research & Extension Center. He stated that he feels the consumer has been neglected, noting the cost involved in hunting leases. He referred to the Animal Rights Movement and stated that he would be glad to provide his services to the City, if there ever is a need. In response to a question from Mayor Jones, Dr. Payne stated that the Animal Rights Movement is a very emotional issue; there is good and bad on both sides; and if it becomes an issue in South Texas, he asked that the Council listen to the people who have been trained in scientific matters. Dr. Payne mentioned the fact that many ranches are using their land as hunting leases, because ranching does not provide sufficient income. *Council Member Strong arrived at 2:14 p.m. Mayor Jones thanked Dr. Payne for appearing before the Council. * * * * * * * * * * * * * Mayor Jones announced the bid opening on the following project: Everhart -Wooldridge Intersection Improvements and Crestmont Entrance Improvements: This project provides for the widening of Everhart Road at its intersection with Wooldridge Road to accommodate a left -turn lane and the lowering of the Sylvan Crest Drive and Crestwater Drive intersections at Kostoryz Road. Funds for this work are available in the Street Bond Fund. Assistant City Manager Lontos opened and read bids from the following companies: Claude Chapman Construction Co., Inc., King Construction Co., Inc., Oceanside Asphalt, Inc., and A. Ortiz Construction & Paving, Inc. Council Member McComb inquired as to why the bids were higher than the engineer's estimate, and Mr. Lontos stated that he would have to review the plans to see what unit prices were utilized. Mayor Jones inquired if the plans provided measures to maximize the flow of traffic on Everhart, and Mr. Lontos replied in the affirmative. Mr. Lontos stated that the Everhart Project would take approximately 40 working days to complete. Mayor Jones stated that the bids would be tabled for 48 hours for tabu- lation and recommendation, pursuant to the requirements of the City Charter. * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Motions, items 1 thru 8. dinutes Regular Council Meeting April 15, 1986 Page 3 1. Approval of specifications and authorization to receive bids for a supply agreement for lubricating oils and greases for Maintenance Services Department. The term of this agreement will be twelve months with an option to extend for an additional twelve months, subject to the approval of the supplier and the City Manager, or his designee. The estimated annual cost is $119,000 and funds were approved in the 1985-86 budget. 2. Approving specifications and authorizing bids be received for a theft detection system to be installed in the new Corpus Christi Library. The estimated cost is $11,000, and funds were appropriated from the Central Library Building Trust Fund. 3. Accepting the Balustrade Restoration Study prepared by John R. Wright, Architect, and Govind & Associates, Inc. pertaining to restoration of the retaining wall system along Upper/Lower Broadway, the stairs, the Confederate Memorial Fountain, the period lighting system, various slope improvements and other recommendations pertaining to restoring the Bluff area facilities and adjacent City properties. Funds to begin a portion of this restoration work were included in the April 5th Bond Election. 4. A contract in the amount of $71,400 be awarded to E. J. Netek Construction Company for the Hialco Center Improvements. It is proposed to install an elevator and provide lighting and restroom improvements at the center under the scope of the 10th Year Community Development Block Grant Program. *5. Apprev#ng en eggee.ne..1 a.*it*r-Net-h- e-rieeu--Weer n--Gener€Eettes €er a e1eed seed4eg--pregrem-ter-be--eendueted•-4tr-tF+et--pereiea- €-t-he-- ems-R4ver weeershed-- � rich-ras- i -ee-eek-Gorpue--6kr€&E#-end--Gleyon-Reserve#r fee-t+le--a'4-menth-per39dro -Ape l-43+11-t-1FIOHg1Y-Mine-Eh-8eet--Aulpals-1 ;Eh ehree:gh--September-30th--hev#eg--a--fixcd-east--e€-+ +543---eetleteeed reli herseble--eosts--a€-$23;300-* +e! it g -enseeding rip _e^ i tier.---Theee emeunee--ere- ba..ed-en-shertng--a--perE-e€-tt+e--€€ered-eeege-writ-r-Eke-€dwerde Undergeeend-Aster-4-ietg4et-whit#r-begeert-heir- 1986 -eeeef-pregrem-en-Ape l ;ed. *Note: Failed to pass -- see page 5. 6. Approving the appointment of Peat, Marwick, Mitchell & Co., to perform the following audits for the fiscal year ending July 31, 1986. City's Annual Financial Audit Federal Grants Single Audit Corpus Christi Housing Finance Corporation $56,000 10,000 3,500 $69,500 The total audit fees for fiscal year July 31, 1985 for the above audits were $60,000. Fee for the Corpus Christi Housing Finance Corporation is paid by MBank, Trustee. Funds for this service are included in the 1985-86 Finance Budget. .4inutes Regular Council Meeting April 15, 1986 Page 4 7. Authorizing the Jobs Training Partnership Program to lease 1,420 square feet, known as the Medical Arts Building, 1001 Louisiana, Suite 102, at a rate of $1,050 a month or $.74 per square foot for the Summer Youth Employment and Training Program from April 15, 1986 to September 30, 1986. 8. A public hearing be held the Council Chamber, and 1986 by the Director of a.m., on the contractual on April 29, 1986 by City Council at 2:00 p.m. in that a second public hearing be held on April 30, Planning in the Committee Room, City Hall, 8:30 annexation of 10.93 acres out of Lots 23 and 24, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, owned by E. H. Moore Homes, Inc. Council Member Slavik referred to item 3, Balustrade Restoration Study, and asked for a presentation. Assistant City Manager Lontos stated that the balustrade and retaining wall were found to be the most critical items in terms of renovation; it was found that one of the retaining walls along Starr Street is leaning, but is not dangerous; it is recommended that the City locate and correct a water seepage problem behind the wall, although there is no danger; it is suggested that the rails be replaced along the stairwell; and repair of the railing through sandblasting and replacement of damaged sections. It is also recommended that lights be placed on the balustrade as were originally in place. He stated that careful treatment will be given to the area around the Confederate fountain; there is some damage to the steps and it is also recommended that ramps going into the uptown and downtown area be installed; new sidewalk will be constructed; and the total cost is estimated to be $574,000, of which $300,000 was included in the recent bond election. Mr. Lontos stated that it is his recommendation that the report be accepted as a document from which staff can develop unit by unit type of improvements, possibly the first phase would be to do the concrete portion, lights and retaining wall, and then renovate the other items. Mr. Lontos stated that the report was excellent. Council Member McComb inquired if $574,000 was the entire cost, and Mr. Lontos stated that it was, except for the proposed park where the old library is now located. Mayor Jones stated that a copy of the report should be placed in the library, noting that the report traces the history of the balustrade. Council Member Mendez referred to item 5, cloudseeding, and stated that he would vote against this item because he feels that consideration should be given to the current capacity of the watershed and data should be examined to determine if the cloudseeding was successful the last time it was done, in order to justify such an expenditure. Mayor Jones stated that he is in favor of the cloudseeding and stated that it would be worth the $114,000 expenditure. Minutes Regular Council Meeting April 15, 1986 Page 5 Council Member Berlanga stated that he agreed with Mr. Mendez in that more information should be obtained on the results of the last cloudseeding. Council Member Slavik stated that she would also vote against item 5, on the basis of technical data and that the cost is too much. She requested a detailed report on last year's cloudseeding. Council Member McComb inquired if the City paid North American Weather Consultants for an analysis of the results, noting that the Council only received a letter. Mr. Doug Matthews, Director of Public Utilities, stated that they were paid for a report and the conclusion was that there was not enough opportunity to prove the results of the last cloudseeding. In response to a question from Mayor Jones, Mr. Matthews stated that the Colorado Municipal Water District will also conduct cloudseeding. Council Member McComb referred to item 7, leasing of office space for JTPA, and Mr. Briones stated that JTPA is currently located in the City Hall Annex and this lease is for the Summer Youth Program only. There were no comments from the audience on the Consent Motions. Mayor Jones called for the vote on item 5, and it failed to pass as follows: Jones, Best, Pruet, and Strong voting "aye"; Berlanga, McComb, Mendez, and Slavik voting "no." A motion was made by Council Member Slavik that Consent Motions 1 thru 4 and 6 thru 8 be approved; seconded by Council Member Mendez and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances, items 9 thru 16. Council Member Slavik referred to ordinance 10, granting a special permit upon application of Higinio Cantu, and stated that she would vote no on this item. Mr. Larry Wenger, Director of Planning, briefly reviewed the zoning case and stated that a motion had passed on March 25, 1986, to approve a special permit for "B-1" Neighborhood Business District uses excluding the sale of alcoholic beverages in accordance with an acceptable site plan. Mr. Wenger noted that there is sufficient space for the required number of parking places. Mr. Wenger then showed slides of the area, and stated that the "B-1" uses are listed on the site plan. .4inutes Regular Council Meeting April 15, 1986 Page 6 Council Member Mendez inquired if the site plan met the requirements for driveway cuts, and Mr. Wenger replied in the affirmative. Mayor Jones called for comments from the audience. Mr. Ed Garana, representing St. Joseph School, spoke in opposition to the special permit. He stated that the school had received a copy of the site plan that morning; there is no screening fence shown on the east side of the property; there are no provisions for drainage; and the site plan refers to hardtop parking, but that could mean any type of surface. He stated that he has been informed the business will be a taquito factory. Mr. Higinio Cantu stated that the parking area will be asphalt and when the improvements are constructed on Mary Street, curbs and gutters will be constructed which will provide drainage. Mr. Cantu explained that he had tried to meet with school officials, but was told that they could not meet with him until 8:30 a.m. that morning, and that is when they received the site plan. Mr. Cantu stated that the screening fence would be around the entire area and he urged the Council to approve the special permit. Mr. Joe De La Garza stated that as a result of this zoning change, it will be difficult to have access to the Church of God in Christ. He pointed out on the transparency the route traffic would have to take to gain access to the Church. Council Member Mendez stated that there has been discussion of making 19th Street and Mary Street one-way during certain hours and this will have an effect on Mr. Cantu's property. Council Member Pruet stated that he feels the site plan answers the bulk of concerns and feels that the school officials could have made time to review the site plan, rather than waiting until this morning. He stated that the applicant has made every effort to provide the information to the school and he is in favor of granting a special permit. Mayor Jones stated that he also agrees with the special permit. Mr. Wenger stated that the 20% rule is in effect and passage of the ordinance will require 7 affirmative votes. There were no further comments from the audience; City Secretary Chapa polled the Council for their vote; and the following ordinance failed to pass: ORDINANCE - FAILED TO PASS 10. AMENDING THE ZONING ORDINANCE UPON APPLICATION OF HIGINIO J. CANTU BY GRANTING A SPECIAL COUNCIL PERMIT FOR THE "B-1" NEIGHBORHOOD BUSINESS DISTRICT USES LISTED ON THE ATTACHED SITE PLAN, EXCLUDING THE SALE OF ALCOHOLIC BEVERAGES, ON LOT 1, JASMIN ADDITION; AND DECLARING AN EMERGENCY. .4inutes Regular Council Meeting April 15, 1986 Page 7 The Charter Rule was suspended and the ordinance failed to pass as follows: Jones, Best, Berlanga, McComb, Pruet, and Strong voting "aye"; Mendez and Slavik voting "no"; Guerrero absent. Discussion followed regarding the 20% rule and Mr. Wenger explained that the 20% rule is in effect when individuals owning 20% of the land within the 200' area object to the zoning change, or if a property owner who owns 20% of the land in the area is opposed. Mr. Wenger explained that passage requires 3/4 of the 9 members of the Council, regardless of how many are present at the time the vote is taken. Mr. Wenger then read Article 10-11E of the State Statues governing zoning. Council Member Berlanga suggested tabling the matter until Council Member Guerrero could be present, and Mayor Jones stated that the vote has already been taken. Mayor Jones suggested that Mr. Cantu reapply for the zoning change. Council Member Mendez suggested that Mr. Cantu discuss this with the representatives of St. Joseph School and he would bring forth the issue at the next Council Meeting. There were no further comments from the Council or the audience on the Consent Ordinances, and City Secretary Chapa polled the Council as follows: 9. RESOLUTION NO. 19265 RESOLUTION TO BE PRESENTED TO THE COASTAL BEND COUNCIL OF GOVERNMENTS CONFIRMING THE CITY'S COMMITMENT TO THE DEVELOPMENT OF AN OPERATIONAL PLAN FOR WATER MANAGEMENT. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik absent at the time the vote was taken; Guerrero absent. 11.. ORDINANCE NO. 19266 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 2 AND 3 IN CONNECTION WITH THE SCHOOL SIDEWALK PROGRAM, PHASE II; APPROPRIATING $1,650; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik absent at the time the vote was taken; Guerrero absent. 12. ORDINANCE NO. 19267 AUTHORIZING THE EXECUTION OF AMENDMENT NO. 3 TO THE CONTRACT WITH COTTEN—LANDRETH ARCHITECTS FOR DESIGN AND ENGINEERING WORK ON THE WEST CONCOURSE EXTENSION AND HOLDROOM AT CORPUS CHRISTI INTERNATIONAL AIRPORT; APPROPRIATING $8,830; AND DECLARING AN EMERGENCY. .4inutes Regular Council Meeting April 15, 1986 Page 8 The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik absent at the time the vote was taken; Guerrero absent. 13. ORDINANCE NO. 19268 CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: 16th and 17th Streets 1. 16th Street, from Ayers Street to Morgan Avenue, and 2. 17th Street, from Ayers Street to Elizabeth Street; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik absent at the time the vote was taken; Guerrero absent. 14. ORDINANCE NO. 19269 AUTHORIZING THE EXECUTION OF A CONTRACT WITH OCEANSIDE ASPHALT, INC. FOR RECONSTRUCTION OF 16TH STREET FROM AYERS STREET TO MORGAN AVENUE AND 17TH STREET FROM AYERS STREET TO ELIZABETH STREET; APPROPRIATING $595,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik absent at the time the vote was taken; Guerrero absent. 15. FIRST READING - CLOSING AND ABANDONING A PORTION OF THE 40 -FOOT WIDE PUBLIC STREET RIGHT-OF-WAY OUT OF LOTS 26 & 27, SECTION 11, AND LOTS 6 & 7, SECTION 10, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; PROVIDING FOR REPLATTING. The ordinance was read for the first time and passed to second reading as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik absent at the time the vote was taken; Guerrero absent. 16. SECOND READING AMENDING CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, SECTION 36-7, SWIMMING POOL RATE SCHEDULE, TO ADD A $10 FEE FOR DISABLED PERSONS FOR GENERAL ADMISSION, SEASON PASS, AT ALL MUNICIPAL POOLS; AND DECLARING AN EMERGENCY. .1inutes Regular Council Meeting April 15, 1986 Page 9 The ordinance was read for the second time and passed to third reading as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik absent at the time the vote was taken; Guerrero absent. Council Member Mendez asked that he be provided with a copy of the site plan on the zoning case of Mr. Higinio Cantu. * * * * * * * * * * * * * Mayor Jones called for consideration of ordinances 17 and 18, determining the necessity for and ordering paving improvements to the public alley in Gray Village Subdivision. Mr. Lantos gave background information regarding the alley, and stated that it came before the Council by virtue of a complaint regarding the dust problem. He stated that a portion of the alley is not paved; at one time consideration was given to closing the alley; the staff did not recommend closure; the staff gave the Council alternatives to closing, i.e., pave a portion of the alley, close the unpaved portion and barricade the area, or have the City pave the alley and assess the property owners. Mr. Lontos stated that the staff's position was to have the alley remain open and the property owners indicated they would resolve the matter on their own and pave the alley. He stated that the City was willing to assist the property owners, but nothing has been done since last October. Mr. Lontos explained that a change order could be approved to a contract with Triangle Construction Company to perform the paving and the property owners, Channel 3 and Omaha Company, would be assessed approximately 90% of the cost. Mr. Lontos stated that there are three basic issues; one, the alley provides access to businesses; two, it provides traffic circulation; and three, it provides easier and better access for safety and/or emergency vehicles; therefore, the staff feels the alley should remain open. He stated that he recommends that the change order be authorized and the property owners be assessed. Council Member McComb stated he is opposed to paving the alley, and stated that he thought the City had a policy to close all alleys whenever possible. Mr. Lontos stated the City does have that policy, unless the alley serves a purpose. In response to a question from Mr. McComb, Mr. Lontos stated that the alley would be paved according to City specifications. Mayor Jones stated that he is in favor of assessing the owners for the paving improvements; the staff's recommendation is valid; and he feels that the alley is used primarily by Channel 3. rlinut e s Regular Council Meeting April 15, 1986 Page 10 Mr. Bob White, General Manager, Channel 3, stated that he has spoken to the property owner who complained about the dust and he was told that large trucks, not Channel 3 vehicles, use the alley. He stated that the complaintant would like to have the alley closed and that Channel 3 would like the unpaved portion of the alley closed and possibly install barricades in the middle. He stated that he does not feel the best interest would be served by paving the alley. Council Member Slavik pointed out that the staff indicates that the alley provides local traffic circulation. Mr. White stated that he did not know it was the purpose of the alley to provide a cut—through for traffic, and if that is the case, then perhaps the City should pay a larger portion of the paving cost. Mayor Jones stated that the fact that there was a complaint lodged regarding the alley is irrelevant and asked why Mr. White has not stopped the traffic that goes through the alley. Mr. White agreed that Channel 3 trucks use the alley, but he will stop that and erect a barricade. He stated that they never intended to use their portion of the alley and suggested that both ends of the alley be barricaded, but noted that Omaha Company needs access. Council Member Slavik stated that if the alley is closed, the vehicles would exit on South Padre Island Drive, and Mr. White stated that he suggested a gate be placed where the alley connects with Omaha's property. He stated that once the alley is closed, he could pave it to his specifications. He emphasized that if the alley were closed, he would pave it. Mr. Lontos stated that if the alley were closed, it would revert to the commercial property owners, and Mr. White could pave the alley to his specifications. In response to a question from Council Member Slavik, Mr. Lontos stated that the staff does not agree to closing just a portion of the alley. He stated that the alley provides movement in both directions for service and safety vehicles; it provides circulation for the local traffic (meaning the abutting commercial property owners) and he feels there is a public need to have the alley remain open. He stated that more problems would be created if it were barricaded. Mr. Lontos stated that staff suggested that Omaha pay for 60' of pavement that abuts their property and Channel 3 pay the remainder, noting that Channel 3 has a driveway entrance to the alley. Council Member Pruet stated that the Council is trying to require two taxpayers to foot the bill for a public need and public use, noting that no one but the City wants to keep the alley open. .dinutes Regular Council Meeting April 15, 1986 Page 11 Mr. White stated that if the alley is left open and paved, it will increase the traffic, thus creating a hazard to children in the area. Council Member Mendez noted that there is a wooden fence screening all of the residential properties from the alley, therefore, he does not feel that children will run into the alley. He stated that there is a lot of useage of the alley and he will vote in favor of the two ordinances regarding this. Council Member Slavik stated that even if the alley is paved, there will not be much additional traffic. Mr. Lontos stated that the law requires that a public hearing be held on the assessments, but if the owners agree with the assessments there will be no need for the hearing. He stated that Omaha has agreed and if Mr. White agrees it may be possible not to have a hearing. There were no further comments from the audience; City Secretary Chapa polled the Council for their vote; and the ordinances passed as follows: 17. ORDINANCE NO. 19263 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF GRAY VILLAGE ADDITION ALLEY, NORTH OF BLOCK 3 FOR 300 LINEAR FEET BEHIND OMAHA APPLIANCE COMPANY AND TV CHANNEL III PROPERTIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Mendez, Slavik, and Strong voting "aye"; McComb and Pruet voting "no"; Guerrero absent. 18. ORDINANCE NO. 19264 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF GRAY VILLAGE ADDITION ALLEY, NORTH OF BLOCK 3 FOR 300 LINEAR FEET BEHIND OMAHA APPLIANCE COMPANY AND TV CHANNEL III PROPERTIES; DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL TO BE HELD DURING THE REGULAR 2:00 P.M. CITY COUNCIL MEETING ON MAY 13, 1986, IN THE COUNCIL CHAMBERS, CITY HALL, 302 SOUTH SHORELINE BOULEVARD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Mendez, Slavik, and Strong voting "aye"; McComb and Pruet voting "no"; Guerrero absent. Mayor Jones called for consideration of Ordinance 19; there were no comments from the audience; City Secretary Chapa polled the Council for their vote as follows: Ainutes Regular Council Meeting April 15, 1986 Page 12 19. ORDINANCE NO. 19270 AMENDING ORDINANCE NO. 8127, COMPENSATION AND CLASSIFICATION PLAN, BY PROVIDING FOR SALARY INCREASE TO THE POSITION OF FIRST ASSISTANT FIRE CHIEF; 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 absent. Mayor Jones asked Assistant City Manager Bill Hennings to explain ordinance 20, adopting the Standard Building Code. Mr. Hennings stated that this is a major update of the Building Code; this will adopt the revisions and bring it up to the 1986 version. He stated that the Building Code Board has reviewed this and has had a lot of input and there has been input from the construction industry and the Institute of Architects. He stated that the Board has done a good job in educating the people in the building industry about the changes. Mr. Hennings then introduced Mr. Lorenzo Gonzales, Acting Building Official. Mayor Jones complimented Mr. Gonzales on the job he is doing as Acting Building Official. Mayor Jones called for comments from the audience. Mr. George Clower, 304 S. Morningside, stated that the Building Code Board of Appeals approves the recommendation regarding the adoption of the Standard Building Code with 1986 amendments with one exception, and that is in regard to an ordinance passed in February regarding Federal Communications Commission licensing of amateur radio operators. He stated that the City passed this ordinance due to a ruling by the FCC which stated that cities could not prevent the operation of amateur radio facilities. He stated that he spoke to FCC and was told that they saw nothing in the ordinance that would prevent the installation of radio towers. He stated that it is the Building Code Board of Appeals' opinion that deleting the requirement for a permit for radio operators is a hazard to public safety and they should be required to obtain a permit. He stated that he would like the ordinance passed in February repealed. Mayor Pro Tem Best stated that he talked to the FCC also and he was told something completely different from what Mr. Clower is stating. Dr. Best asked the City Attorney if the ordinance is discriminatory regarding radio operators. Mr. George stated that there is no discrimination in the ordinance; it is a valid ordinance; and that the operators are licensed by the FCC. Dr. Best clarified that the ordinance is legal and does not create any liability to the City; stated that he attended the meetings of the Building Code Board of Appeals when this was discussed; and for the record, he would like it noted that the Building Code Board of Appeals does not think that this ordinance is illegal. Minutes Regular Council Meeting April 15, 1986 Page 13 Mr. George stated that there is no liability on the part of the City by allowing the towers. Mr. Clower stated that he did not give any misinformation in regard to his conversation with the FCC and he stated that he feels the local code does not prevent radio operators. There were no further comments from the audience; City Secretary Chapa polled the Council for their vote as follows: 20. FIRST READING ADOPTING THE STANDARD BUILDING CODE, 1985 EDITION, AND THE 1986 REVISION THERETO, AS THE BUILDING CODE OF THE CITY OF CORPUS CHRISTI; WITH CERTAIN CHANGES AND ADDITIONS THERETO; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; REPEALING ORDINANCES 15256, 15308, 16395, 17520, 16772, 17933, 17895, 18355, AND 19186; MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED $200; PROVIDING FOR PUBLICATION BY NOTICE; PROVIDING FOR SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE OF JUNE 1, 1986. The ordinance was read for the first time and passed to second reading as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent. * * * * * * * * * * * * * Mr. George introduced Mr. Ken Fields, Assistant City Attorney. Mr. George stated that Mr. Fields worked on the McCullough lawsuit regarding the McArdle Road Improvements for three years; the jury has returned a verdict in favor of the City; and it is the highest monetary verdict the City has ever won. Mr. Fields stated that there was a verdict issued in terms of the issue of damages; the City will receive $830,000; McCullough will receive $20,000; and the judgement will be entered in the next few weeks. He stated that it was a 10 day trial as far as actual testimony; McCullough was contending that they were misled; and the jury rejected that. Mayor Jones stated that he was at the trial and stated that Ken Fields did a fine job. * * * * * * * * * * * * * Mayor Jones announced the assessment hearing on the following project: .1inutes Regular Council Meeting April 15, 1986 Page 14 21. School Sidewalk Program, Phase II: From Norton Street (south side) abutting Baker Junior High School; Bear Lane (north side) abutting West Oso High School; Mueller Street (south side) from Erwin Street to Oak Park Elementary School; Hilltop Road (northwest side) from Guess Drive to Annaville Elementary School; West Redbird Lane (south side) from Calallen Drive to Cornett Drive and Cornett Drive (south side) from West Redbird Lane westward abutting Calallen Junior High School; and Williams Drive (south side) from South Staples Street eastward 604 linear feet; providing for assessments of $9,806.84 for the 14 items on the roll. Mr. Hal George, City Attorney, called as his first witness, Mr. Gerald Smith. Through questioning, Mr. George determined that Mr. Smith is a Registered Engineer in the State of Texas and has been employed by the City of Corpus Christi for 25 years. Mr. Smith testified that he has a degree in Civil Engineering from the University of Texas at Austin, and verified that he is familiar with the project. Mr. Smith explained that this is a very small project; it was included in the 1982 Bond Program; this program is designed to provide sidewalks on school routes; and there are six locations proposed in this program. Mr. Smith displayed transparencies of the areas involved; he stated that two bids were received on the project; the low bid was in the amount of $24,298.00; the project includes replacing a small section on Norton Street to serve Baker Junior High School; a short section on Bear Lane to serve West Oso High School; on Mueller Drive to serve Oak Park Elementary School; Hilltop Road to serve Annaville Elementary School; a short section on Redbird and Cornett to serve Calallen Junior High School; and sidewalk on Williams Drive. Mr. Smith noted that the City Council had previously suggested that the sidewalk on Williams Drive be deleted from this project since it serves Blanche Moore Elementary School, which is scheduled to be closed; however, the staff is recommending that this sidewalk be included in order to provide a continuous sidewalk on at least one side of the street. He provided pedestrian traffic counts which had been taken by the Traffic Department which indicated that there is a need for this sidewalk. Mr. Smith informed the Council that the assessment rate for the sidewalks is $1.00 per square foot whereas the bid price is $2.75 per square foot; fourteen property owners are involved in the project; and they have been notified of their proposed assessment and of this hearing. He stated that the contractor will have two and one-half months to complete the project, and the owners may pay their assessment costs following completion of the construction, or they may pay their assessments over a five-year period. Mr. Smith pointed out that the sidewalks will provide a safe route for children going to and from school. Council Member Slavik inquired about the cost of the sidewalk on Williams Drive, and Mr. Smith replied that the cost for this section would be $6,100; the Minutes Regular Council Meeting April 15, 1986 Page 15 assessments for this portion would be $2,416; and the cost to the City would be $3,684. Council Member Slavik stated that it was her understanding that the School District is considering the closing of Shannon Junior High School and will definitely close Blanche Moore Elementary School. She questioned the need for the sidewalk on Williams Drive. Mr. Smith agreed, but reiterated that the staff is of the opinion that the construction of this sidewalk on Williams Drive is necessary to provide a continuous sidewalk in the area. Mr. George called as his next witness, Mr. George Paraskevas, Real Estate Broker and Appraiser. Through questioning of the witness, Mr. George determined that Mr. Paraskevas is a certified appraiser, licensed in the State of Texas, a certified real estate broker, and he has been practicing real estate for 15 years. Mr. Paraskevas stated that he has inspected all of the properties and they will be enhanced in at least the amount of the assessment. Council Member Mendez stated that this project is very much needed in that some school bus routes are being eliminated and the children will be walking to school. There were no comments from the audience; a motion was made by Council Member Mendez to close the hearing; seconded by Council Member Strong; and passed by the following vote: Jones, Best, Berlanga, Mendez, Pruet, Slavik, and Strong voting "aye"; McComb absent at the time the vote was taken; Guerrero absent. * * * * * * * * * * * * * Mayor Jones announced the public hearing on two zoning cases. 22. Application No. 386-7, Mr. Jack A. Colmenero: For a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 7, Block 6, Koolside Addition, located on the west side of Airline Road, approximately 435' north of Kimbrough Drive. Mr. Wenger stated that this property operated under a special permit, but since it has remained vacant for over a year, the permit is now void. He stated that in response to the 23 notices mailed, 4 were returned in favor; 1 was returned in opposition; and the Planning Commission and Planning Staff recommend denial of "B-1", and in lieu thereof, grant "AB" with a special permit for the sale of custom stationery and a 17.36 square foot non -illuminated freestanding sign. He stated that the applicant is agreeable to a special permit. Minutes Regular Council Meeting April 15, 1986 Page 16 Mr. Wenger land use in the displayed the area on the zoning and land use map, described the surrounding area, and showed slides of the vicinity. There were no Tem Best that the passed unanimously. Assistant City ORDINANCE NO. 19271 comments from the audience; a motion was made by Mayor Pro hearing be closed; seconded by Council Member Mendez; and Secretary Zahn polled the Council for their vote as follows: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JACK COLMENERO BY GRANTING A SPECIAL COUNCIL PERMIT FOR A STATIONERY STORE AND CHANGING THE ZONING MAP IN REFERENCE TO LOT 7, BLOCK 6, KOOLSIDE ADDITION, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; 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 absent. * * * * * * * * * * * * * 23. Application No. 386-6, Oak Bay Developers: For a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lot 5, Block 1, Lynwood Place Unit 4, located on the northeast corner of Sacky Drive and Kostoryz Road. Mr. Wenger stated that in response to the 28 notices mailed; 4 were returned in favor; 1 was returned in opposition; the Planning Commission recommends approval; and the Planning Staff recommends denial. 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. Council Member McComb noted that this application has been before the Council previously and was denied because of the uses that are allowed in "B-4." He inquired if the applicant is applying in order to obtain signage. Mr. Wenger stated that the applicant wants the ability to add "B-4" uses and signage. Mr. Wenger pointed out that Frostex, located to the north of the subject property, had applied for "B-4" zoning and in lieu there of was granted a special permit for signage. He stated that the Staff is recommending denial because approval will have the effect of adding additional "B-4" zoning off Sacky Drive; he feels the current signage is adequate; and the staff is concerned about high-rise signs which would adversely affect the residential area. Minutes ' Regular Council Meeting April 15, 1986 Page 17 Council Member Slavik noted that during the Frostex zoning case, residents from the apartments located across the street had objected to "B-4" zoning, and Mr. Wenger stated that the owner of the apartments was notified of the zoning case. Mrs. Slavik inquired if the staff thought this would set a precedent for "B-4" zoning, and Mr. Wenger stated that they feel it would affect the property south of Sacky Drive. Mr. Shawn Bodine, 7009 Bevington, a partner of Oak Village Shopping Center, stated that he feels the change is appropriate, noting that "B-4" extends 1500' at the intersection of Gollihar and Kostoryz Road and many other intersections throughout the City, and his shopping center is located at a very large intersection, Kostoryz and South Padre Island Drive, and Kostoryz Road is a 5 -lane road in front of the center. He stated that the change would not cause an additional burden on utilities; Frostex is operating under "B-1" zoning and it is not a neighborhood store, but rather it serves the entire City; the property has freeway access and fronts on a major 5 -lane street; the City needs to provide the proper zoning in order to develop an economic base; and without "B-4" zoning, the center cannot have the proper signage. Mr. Bodine stated that Kostoryz is developing into a major business district and the change in zoning would not affect the residential living, except by providing needed services. Mr. Bodine then distributed a drawing of the center to the Council. He stated that the center would like to place an additional sign (marquee type) in front of the Center and that the residents behind the center would not be able to see the sign, which would not have flashing lights. Mr. Bodine stated that the change to "B-4" would not decrease property values in the area and feels that the change would help the development of Kostoryz Road. He urged the Council to approve "B-4" zoning. Council Member Pruet stated that the shopping center is a very excellent addition to the neighborhood; it has been providing a needed service to the residents; and he feels that "B-4" zoning will not detract from the neighborhood, but will allow for additional types of businesses. Mr. Pruet pointed out that "B-4" allows for uses other than bars, noting that this type of development is a far greater asset to the residential area rather than restraining it to "B-1." He referred to the vacant lot located next to the Center, and indicated that "B-4" zoning would also be appropriate on this property. Council Member Slavik noted that the City palns to design a Comprehensive Zoning Master Plan and therefore, she is concerned about granting "B-4" zoning. She stated that she would be in favor of a special permit, and noted that there is no "B-4" zoning in the immediate vicinity. Mr. Bodine pointed out that "B-4" zoning is at the Holly and Kostoryz Road intersection, which is a smaller intersection. In response to a question from Mayor Jones, Mr. Bodine explained that when the land was purchased for the center it was zoned "B-1"; a request was made for Minutes Regular Council Meeting April 15, 1986 Page 18 "B-4" zoning and it was denied; the center was constructed; and they are now reapplying for "B-4" zoning. He noted that the center is less than 70% occupied. Council Member Berlanga stated that since there is no "B-4" in the area and the City will be considering a Comprehensive Zoning Master Plan, he does not want to commit to "B-4", but he would favor a special permit. Mr. Lawrence Jasmin, 5226 Carriage Lane, stated that he is a tenant in the shopping center; he conducted a poll of the neighborhood and no one is opposed to "B-4" zoning; the residents are pleased with the shopping center; and he feels it would be a significant addition to the neighborhood. Ms. Delphine Crager, 1013 - 10th St., stated that she is a tenant in the center and feels that the additional signage is need. She urged the Council to approve the change in zoning. Ms. Cynthia Sase, a tenant in the shopping center, urged the Council to approve the zoning change; she stated the signage is needed; different types of businesses are needed in the center; and it will help the merchants. There were no further comments from the audience; a motion was made by Council Member Pruet that the hearing be closed; seconded by Council Member Mendez; and passed unanimously. Mayor Jones stated that he would support a special permit, but not "B-4" because the property backs up to the residential area. Council Member Slavik stated that she would be in favor of a special permit for signage. Council Member Pruet stated that the Council always refers to the negative aspects of "B-4" zoning, but noted that there are many positive aspects. He noted that Kostoryz Road is a major street and that "B-4" zoning is located next to residential areas all over town; the Planning Commission recommends approval of "B-4" zoning by a vote of 8 to 1; and he urged the Council to support additional development in the area by supporting "B-4" zoning and improving the economic conditions of the City. Mayor Jones stated that the Council has an obligation to the residents whether they are present or not; the absence of people at the hearing is a factor to be considered, but the Council needs to look at it as a matter of total policy. Council Member Pruet noted that "B-4" was granted recently next to Buckingham Estates. Council Member Mendez stated that he supports the change of zoning to "B-4"; Kostoryz Road is a wide street; and there is much growth in the area. .Minutes Regular Council Meeting April 15, 1986 Page 19 Assistant City Secretary Zahn polled the Council for their vote as follows: ORDINANCE — FAILED TO PASS AMENDING THE ZONING ORDINANCE UPON APPLICATION OF OAK BAY DEVELOPERS BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 5, BLOCK 1, LYNWOOD PLACE UNIT 4, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance failed to pass as follows: Jones, Berlanga, McComb, Slavik, and voting "no"; Best, Mendez, Pruet, and Strong voting "aye"; Guerrero absent. A motion was made by Mayor Pro Tem Best that a special permit be granted for signage subject to an acceptable site plan; seconded by Council Member Pruet; and passed unanimously. * * * * * * * * * * * * Ms. Suzanne Anthony, Vice President, Bayfest, Inc., presented a check to the Council in the amount of $511. Ms. Anthony explained that during an audit it was discovered that Bayfest owed the additional money from last year's event. Ms. Anthony informed the Council of the plans for Bayfest '86, stating that it will be held in the Arts & Science Park. * * * * * * * * * * * * * Mayor Jones called for petitions from the audience. Mr. Gabe Lozano, Jr., 2322 Baldwin, presented a petition to the Council containing 263 signatures recommending the appointment of Ernest Briones to the position of City Manager. Mr. Lozano stated that Mr. Briones carries a tremendous wealth of knowledge of the workings of the City Manager's Office and a personal knowledge of the community, its people, and its affairs. He stated that his appointment would be a morale booster for other City employees in that his appointment would come from within the ranks of City employees. Mr. David Saenz, 1430 — 17th Street, recommended the appointment of Ernest Briones as City Manager. He stated that he appreciates the efforts of the Council to find a City Manager, but feels the expense involved is unjustified. Mr. Alan Parker, 606 Brock, stated that he would like to speak at this time because he was concerned that he would not be allowed to speak at the Special Council Meeting. Mayor Jones assured Mr. Parker he would be allowed to speak. Mrs. Beatrice Cavazos, 224 Mirasol, Brownsville, Texas, stated that her daughter was crowned Miss Corpus Christi; she has been stripped of her title; mutes Regular Council Meeting April 15, 1986 Page 20 she was never awarded the scholarship money; and that the 4th of July Committee sponsored the pageant, and the Mayor is a member of that Committee. She asked that her daughter be given the scholarship prize as promised. Mayor Jones explained that this is not a City sponsored event; he has no knowledge of the 4th of July Committee sponsoring this; and he suggested that Mrs. Cavazos speak to Mr. Harry Corkill who is in charge of this activity. 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 meeting was adjourned at 5:19 p.m., April 15, 1986. /td 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 April 15, 1986, which were approved by the City Council on April 22, 1986. WITNESSETH MY HAND AND SEAL, this the Luther J.'es, MAYOR /(/hti �D Armando Chapa City Seofetary City of Corpus Christi, Texas