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HomeMy WebLinkAboutMinutes City Council - 05/06/1986PRESENT: 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 MINUTES CITY OF CORPU CHRISTI, TEXAS REGULAR COJNCIL MEETING MAY 6, 1986 2:00 P.M. Acting City Manager Ernest Briones City Attorney Hal George City Secretary Armando Chapa 6.111- Mayor .11f Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Bob James of Calvary Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member McComb. 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. A motion was made by Council Member Mendez that the minutes of the Regular Meeting of April 29, 1986, be approved as presented; seconded by Council Member Strong; and passed unanimously. * * * * * * * * * * * * * Mayor Jones announced a presentation regarding Cabs on Patrol. Ms. Alicia Perez, Assistant to the City Manager, stated that this program was initiated in 1985 with financial support from First City Bank; it is a cooperative program with the City Police, the cab companies, and the bank; and she stated that participation in the program has increased. *Council Member Slavik arrived at 2:06 p.m. Chief Bill Banner introduced Mr. Dwight "Buddy" Williams, Yellow -Checker Cab Company. He stated that Mr. Williams was instrumental in the recovery of MICROFILMED .mutes Regular Council Meeting May 6, 1986 Page 2 $7,400 in cash and $2,100 in merchandise that had been stolen from the Heart of America Carnival Show Office. **Council Member Pruet arrived at 2:08 p.m. Ms. Perez introduced Mr. Jace Hoffman, President, First City Bank, and Mr. Hoffman presented a check to Mr. Williams. Mr. Hoffman thanked the Council for their support of this program and the opportunity to participate in the program. Mayor Jones presented a Certificate of Commendation to Mr. Williams. * * * * * * * * * * * * * Mrs. Sara Norris and Mrs. Mary Ann Rhoades invited the Council and the audience to attend the "Picnic in Heritage Park" on May 10 from 11:00 a.m. to 6:00 p.m. She stated that opening ceremonies will be held at 11:30 a.m. at the Galvan House; entertainment will be provided; there will be food booths; and games will be held for children. Mrs. Rhoades mentioned in particular that the Doc McGregor photo collection will be on display during the picnic. * * * * * * * * * * * * Mayor Jones called for consideration of the following board appointments: Term: a. Airport Board: David Z. Conoly (Reappointed) 4-4-89 Dick Bowers 4-4-89 b. Board of Adjustment: Morgan Spear (Reappointed) 4-4-88 Floyd Williams (Reappointed) 4-4-88 Ralph Krause (Reappointed) 4-4-88 Claudio Herrera (Reappointed) 4-4-88 Bette L. Harris (Reappointed) 4-4-88 Reynaldo Perez, Alternate 4-4-88 Walter DeVille, Alternate 4-4-88 c. Housing Authority: (Mayor's appointments) Ruben Rodriguez (Reappointed) 4-4-88 Robert Morehead (Reappointed) 4-4-88 Rev. Ernest Bennett 4-4-88 d. Transportation Advisory Board: Robert Aguilar 4-30-89 Sheila Briones 4-30-89 Lou Donahoe (Reappointed) 4-30-89 _.snotes Regular Council Meeting May 6, 1986 Page 3 e. Cable Communications Commission: William Mays (Local Government) 7-27-87 Stanley Marshall, Jr. (At -large) 7-27-87 f. Mechanical Advisory Board: Warren Shaw 1-02-88 g. Building Standards Board: James Skrobarczyk (Reappointed) 3-03-89 A motion was made by Council Member McComb that the board appointments be approved; seconded by Council Member Strong; and passed unanimously. * * * * * * * * * * * * * Mayor Jones announced the bid opening on the Airport Terminal Building and Concourse Expansion. Assistant City Manager James K. Lontos opened and read bids from the following companies: B.E. Beecroft Company, Beck & Son, Inc., Braselton Construction Company, CJB Construction, Inc. and Robert Jenkins, Joint Venture, Chester Lambert Contractors, Northdale Construction Co., Inc., Spaw-Glass, Inc., Teal Construction Company, and Tellespsen Corporation. In response to a question from Mayor Jones, Mr. Lontos explained that funding of this project would be from the 1982 Bond Election, Certificates of Obligation, and a grant from the Federal Aviation Administration. Council Member Slavik inquired if CJB Construction, Inc. and Robert Jenkins, Joint Venture, was a local company, and Mr. Lontos replied in the affirmative. Mr. Lontos stated that this project provides for the extension of the terminal facility to provide ticket space, extension of the concourse, air- conditioning of the old concourse and replacement of airconditioning, construc- tion of a new roof and a canopy. Mayor Jones stated that the bids would be tabled for 48 hours for tabula- tion and recommendation, pursuant to the requirements of the City Charter. * * * * * * * * * * * * * Mayor Jones called for consideration of the following consent motions, items 1 thru 6a: _.lnutes Regular Council Meeting May 6, 1986 Page 4 1. Approving specifications and authorizing bids be received for swimming pool chemicals including liquified chlorine, muratic acid, bicarbonate of soda, caustic soda, soda ash, and calcium hypochloride. The term of this agree- ment will be twelve months with option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the supplier and the City Manager or his designee. Estimated annual expendi- ture is $29,000, and funds were approved in the 1985-86 budget. 2. Approving the purchase of a hydraulic power unit and related hydraulic tools from the following companies based on low bid and low bid meeting specifications. These items will be used by the Water Division for main- tenance and construction purposes. Eighteen bid invitations were issued; three bids were received. These items were approved in the 1985-86 budget as replacement items. Commercial Body Corporation Hydraulic power unit (low bid) 1 ea. @ $8,927 Hydraulic 9011 pavement breakers 2 ea. @ $1,397 (low bid meeting specifications) Hydraulic chipping hammer 1 ea. @ $1,581 (low bid meeting specifications) TOTAL: $13,302 F. W. Gartner Hydraulic trash pump (low bid) 1 ea. @ $1,689 Hydraulic cut-off saw (low bid) 2 ea. @ $ 855 TOTAL: $3,399 GRAND TOTAL: $16,701 3. Authorizing acquisition of Parcel No. 8 located at the northeast corner of Padre Island Drive and Bear Lane, at a cost of $14,400, for the Padre Island Drive, Bush to Agnes Improvements. 4. Authorizing acquisition of a parcel of land (#6) located at the northwest corner of Padre Island Drive and Bear Lane at a cost of $4,350 for the Padre Island Drive, Bush to Agnes Improvements. 5. Scheduling a public hearing on May 27, 1986, on a request to close the 60 -foot wide by approximate 130 -foot long section of Brett Street east of Jean Street. The request to close this dead-end stub street is being made in connection with the platting of the Oakhurst Plaza development. The staff offers no objection to the closure subject to the entire width of the street being retained as utility easement and payment of the fair market value for the closed right-of-way in accordance with the street closure ordinance. ..inutes Regular Council Meeting May 6, 1986 Page 5 6. Granting a revocable easement to Wayne A. Lundquist, Jr., owner of the Heritage Park Inn, for the installation of a canopy in the public right-of-way of Fitzgerald Street. The canopy would serve as an entrance to the building and would be a canvas covered structure with two supporting poles installed in the right-of-way immediately behind the curb. A $100 fee is recommended for this easement grant. 6a. Approving and authorizing the submission of an Occupant Protection Enforcement Program grant to the State Department of Highways and Public Transportation. The grant will focus on increasing the number of persons using safety belts and car safety seats. The grant period will be May 23 - September 1, 1986 with 100% funding by the State totalling $28,741. (This item was added as an emergency posting) There were no comments from the audience. A motion was made by Council Member Guerrero that Consent Motions 1 through 6a be approved; seconded by Council Member Berlanga and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, and Slavik voting "aye" on all items; Council Member Pruet voting "aye" on all items except item 3, on which he abstained and for which he filed an affidavit that he owned interest in the subject property; and Strong being absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances, items 7 through 13, and Ordinance 13A, a concession on the T -Head with Mr. James Cooke. Council Member Slavik stated that the Council had discussed having this ordinance (13A) on three readings, and Mayor Jones informed her that she could make a motion to that effect, noting that as it is now, the ordinance will be read on an emergency basis. Council Member Slavik stated that she has not had time to read the contract, and inquired as to what problems would be caused if this were delayed one week. Mr. James Cooke stated that he was hoping to be in operation for the Memorial Day weekend; there is construction work that needs to be performed; he needs to purchase equipment; and he cannot be open for Memorial weekend if this is not approved today. Council Member Slavik stated that since this would hurt Mr. Cook finan- cially, she would vote for the ordinance today. Mr. Cooke stated that the contract would adhere to the original one, but alcoholic beverages have been eliminated and the menu has been expanded somewhat to specifically include seafood items. .,inutes Regular Council Meeting May 6, 1986 Page 6 Council Member McComb stated that the Council should receive public input on this. He then made a motion that this ordinance be considered next week. Council Member McComb noted that the contract allows for the Director of Parks and Recreation to approve the sale of additional items and he inquired if that would include beer. Mayor Jones pointed out that the ordinance before the Council states that no alcoholic beverages will be allowed. Council Member Slavik seconded Mr. McComb's motion. Discussion followed on where in the contract it should state "should be able to expand the menu, with the exception of alcoholic beverages." Mr. Briones stated that the contract would read "any non—alcoholic items" as opposed to "any items." The Council indicated their satisfaction with this change. Council Member Berlanga stated that the main objection to the concession was alcoholic beverages, and since that has been removed from the contract, he feels it should be voted on today. Mayor Jones agreed with Council Member Berlanga. Mr. McComb's motion failed to pass as follows: Jones, Best, Berlanga, Guerrero, Mendez, Pruet, and Strong voting "no"; McComb and Slavik voting "aye." Council Member Slavik questioned how the change would be made to the contract to reflect nonalcoholic beverages, and City Attorney George explained that the motion from the workshop meeting to consider this item stated nonalcoholic beverages, and that is what the Council is voting on this afternoon. Council Member Slavik stated she wanted a copy of the contract. Mayor Jones called for comments from the audience. Mr. Pinkie Eldridge, Pinkie's Taxicab, stated that there were supposed to be amendments to the limousine ordinance that is on for second reading. Mayor Jones stated that the Council has discussed this with the Airport Manager; there will be signs at the Airport regarding the taxicab rates; the limousine service is given certain priorities over the taxicabs; and the limousine service does pay a percentage of gross receipts to the City. He suggested that Mr. Eldridge read the franchise. Mr. Eldridge stated that if there is no money in the Airport budget to pay for the signs, he would pay for it. -.mutes Regular Council Meeting May 6, 1986 Page 7 City Secretary Chapa polled the Council for their vote and the following ordinances were approved: 7. ORDINANCE NO. 19293 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 5 IN CONNECTION WITH THE POLICE STATION EXPANSION; APPROPRIATING $23,394; 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." 8. ORDINANCE NO. 19294 APPROPRIATING $29,059 OUT OF NO. 295 STORM SEWER BOND FUND TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED IN CONNECTION WITH A CONDEMNATION APPEAL SETTLEMENT FOR THE ACQUISITION OF PARCEL 7, WOOLDRIDGE-STAPLES DRAINAGE OUTFALL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 9. ORDINANCE NO. 19295 CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: FURMAN SCHOOL AREA, PHASE III 1. 14th Street, from Buford Street to Morris Avenue 2. 15th Street, from Craig Street to Morris Avenue 3. 16th Street, from Morgan Avenue to Craig Street 4. Craig, Buford, Hancock, and Coleman Streets, from Cross- town Expressway to Brownlee Boulevard; and 5. Mary Street, from 17th Street to 19th 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, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 10. ORDINANCE NO. 19296 AUTHORIZING THE EXECUTION OF A CONTRACT WITH CLAUDE CHAPMAN CONSTRUCTION CO., INC. FOR STREET IMPROVEMENTS INCLUDING SIDEWALKS AND CURB AND GUTTER IN THE FURMAN SCHOOL AREA, PHASE III; APPROPRIATING $866,000; AND DECLARING AN EMERGENCY. ..inutes Regular Council Meeting May 6, 1986 Page 8 The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 11. ORDINANCE NO. 19297 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ESTATE OF BLANCHE DAVIS MOORE BY GRANTING A SPECIAL COUNCIL PERMIT FOR "B-1" USES WITH 150' MINIMUM SEPARATION OF DRIVEWAYS ON WILLIAMS DRIVE, REQUIRING A DEDICATION OF 5' FOR STREET RIGHT-OF-WAY ALONG WILLIAMS DRIVE AND GRANTING A 10 -YEAR PERIOD TO COMPLY WITH THESE REQUIREMENTS ON LOTS 1 THROUGH 11, BLOCK 11, GARDENDALE NO. 3; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 12. FIRST READING AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND E.H. MOORE HOMES, INC. FOR THE ANNEXATION OF APPROXIMATELY 10.93 ACRES OF LAND BEING OUT OF LOTS 23 AND 24, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, 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 first time and passed to second reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 13. SECOND READING AUTHORIZING THE EXECUTION OF A CONTRACT FOR LIMOUSINE SERVICE WITH TEXAS RIVIERA TRANSPORTATION, INC. OF CORPUS CHRISTI IN ACCORDANCE WITH ARTICLE III, CHAPTER 57, SECTION 57-150, OF THE CITY CODE FOR A PERIOD OF THREE YEARS BEGINNING MAY 1, 1986 AND ENDING APRIL 30, 1989; GRANTEE AGREES TO PAY THE CITY A MONTHLY RENTAL OF SIX PERCENT (6%) GROSS REVENUES FROM THE OPERATION OF VEHICLES AND TWO PERCENT (2%) OF GROSS REVENUES FROM THE TRANSPORTATION OF BAGGAGE. 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." 13A. ORDINANCE NO. 19298 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MR. JAMES COOKE FOR AN OUTDOOR CAFE OPERATION ADJACENT TO THE PAVILLION ON THE PEOPLES STREET T -HEAD; AND DECLARING AN EMERGENCY. _.mutes Regular Council Meeting May 6, 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." * * * * * * * * * * * * * Mayor Jones announced the assessment hearing on McArdle Road Street Improvements Project, from Crescent to Nile Drive. Mr. Gerald Smith, City Engineer, stated that this is a 1982 Street Bond Project and the Council has authorized acquisition of 10 parcels of land for this project. Mr. Smith stated that the street shall be constructed by excavation to a width and depth to permit the laying of a standard 6" curb and gutter section, 6" lime stabilized subgrade, 8" compacted caliche base, 3" Type "B" Hot -Mix and 1i" Type "D" Hot -Mix Asphaltic pavement; the street will be 48' wide, BOC, and constructed within the existing 60' right-of-way; there will be 5' wide reinforced concrete sidewalks tied to the curb; and there will be 6" thick reinforced concrete driveways where applicable. Mr. Smith stated that bids were received on March 25; the low bidder was Corpus Christi Land Venture in the amount of $755,148; and the project provides for 210 working days to complete, or 10 months. He stated that there are two schools in the vicinity, Haas Jr. High and Woodlawn Elementary, and commencement of work will coincide with summer vacation. He stated that the assessment roll has been prepared according to the ordinance with the following costs for residential, church, and school properties: Curb, Gutter and Pavement, $9.75 per linear foot; sidewalk, $1.00 per square foot; and driveways, $3.78 per square foot. He stated that the assessments may be paid when work is completed, or over a 5 year period at an interest rate of 9.247, or in the case of hardship, over a 10 year period. City Attorney George asked Mr. Smith to state his qualifications. Mr. Smith stated that he is a Registered Engineer in the State of Texas, he has been employed by the City of Corpus Christi for 25 years, and he has a degree in Civil Engineering from the University of Texas at Austin. Mr. Smith stated that currently this section of McArdle is 20' wide and has ditches on either side. He stated that the ditches will be eliminated and sidewalks will be installed. He stated that the abutting properties will be enhanced. Mr. George called as his next witness, Mr. George Paraskevas. Through questioning, 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 is familiar with the project and he has examined every parcel on the roll. He stated that _inutes Regular Council Meeting May 6, 1986 Page 10 there are no odd -shaped lots and each parcel will be enhanced at least in the amount of the assessment. Mayor Jones called for comments from the audience. Reverend Ed Tutton, New Hope Baptist Church, 6402 McArdle, asked for a decrease in the Church's assessment. He stated that their assessment represents 10% of their annual budget. Mayor Jones explained that the assessment could be paid over a 10 year period, but everyone must pay their share. Reverend Tutton asked for a decrease in the interest rate, and Mayor Jones explained that the interest rates represent the rate paid by the City on the last bond sale. Reverend Tutton explained that he has been informed that the Church cannot have a driveway on the McArdle frontage, and Mr. Smith explained that when the property was platted, a driveway restriction was a part of the plat. He suggested that the property be replatted in order to lift the driveway restriction. At Mrs. Slavik's request, Mr. Smith pointed out on the transparency the location of a tract of land listed as item 41 on the roll. Mr. Smith informed the Council that this project includes assessments, at the commercial rate, for Pharaoh Valley Golf Course. He pointed out that on the Saratoga Boulevard project, the Council lowered the assessment rate for the Country Club Golf Course. He stated that if the Council provided the same for Pharaoh Golf Course, the assessment would be lowered from $11,571 to $6,966. Mayor Jones stated that this should be treated the same as Country Club golf course. A motion was made by Council Member Strong that Pharaoh Country Club be assessed the lower rate; seconded by Mayor Pro Tem Best; and passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero voting "no." Mr. Smith stated that the ordinance closing the hearing, adopting the roll, and awarding the contract would be on the agenda next week. * * * * * * * * * * * * * Mayor Jones noted that the applicant for zoning case of John Davis, 486-3, has expressed a desire to have this postponed in order that he may conduct meetings with the residents of the neighborhood. ..tnutes Regular Council Meeting May 6, 1986 Page 11 Mrs. Comar, representing the applicant, stated that they would like to meet with the residents and would like this postponed. An unidentified gentleman, representing the residents, stated that he agreed with the postponement. A motion was made by Council Member Pruet that Application No. 486-3, Mr. John Davis, be postponed for two weeks; seconded by Council Member Guerrero; and passed unanimously. * * * * * * * * * * * * * Mayor Jones announced the public hearing on two zoning cases. 7. Application No. 486-1T, Mr. Harris Kaffie: For a change to the text of the City Zoning Ordinance #6106 as follows: Amend Article 31, Newly Annexed Territory, by amending Section 31-5 setting forth a zoning classification of "R -IB" One -family Dwelling District on Tract 1, "A-2" Apartment House District on Tract 2, "A -1A" Apartment House District on Tract 3, and "B-4" General Business District on Tract 4 on approximately 90.28 acres out of Lots 25, 26, and 27, Section 11, and Lots 6, 7, and 8, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, when annexed to the City of Corpus Christi, located on the west side of Cimmaron Boulevard, approximately 775' south of North Washam Drive. Mr. Utter stated that this is a pre -zoning amendment prior to annexation; 22 notices were mailed; 5 were returned in favor; 3 were returned in opposition; 16 letters in opposition outside the area of notification were received; 5 phone calls in opposition were received; and a petition with 69 signatures in opposition outside the area of notification was received. He stated that the Planning Commission and Planning Staff recommend approval. Mr. Utter stated that notification was sent to Brighton Village Neighborhood Association; there had been a change in the individual in charge of the Association; the Association had not notified the City of a new address; therefore, the Association was unaware of the zoning request at the time of the Planning Commission hearing. 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. Council Member McComb questioned the reason for multi -family units next to Tract 1 where the new middle school would be built, noting that most apartments do not have that many children. He stated that the proper zoning would be "R -1B." _..mutes Regular Council Meeting May 6, 1986 Page 12 Mr. Wenger stated that the tract next to the school would have single- family dwellings, and the higher density apartment useage would be next to Cimmaron Boulevard. At the request of the Council, Mr. Utter read several letter of opposition in which the objections were to business zoning and apartment zoning in a residential area. Mr. Roy Torres, 6606 Downing and President of Brighton Village Neighborhood Association, displayed a drawing of the area under consideration. He asked the Council to vote against the zoning change. He stated that the Association is in favor of growth, but planned growth; he is in agreement with the zoning for Tract 1; they are very appreciative of the park that is being donated by the Kaffies; they are opposed to apartments on Tracts 2 and 3; and they are very much against "B-4" zoning on tract 4. He stated that there is an abundance of apartments in the area, and additional apartments are not needed. Mr. Torres stated that "B-4" zoning allows almost any type of business and he feels that since this is not a major street intersection, "B-4" zoning is inappropriate. He stated that County Road 26 is not a major arterial street, and "B-4" zoning at this location would cause traffic problems. Mr. James Beck, 6117 Downing, stated that "B-4" should be located at major arterials, not at this location. Mr. Pat Veteto, Urban Engineering, displayed a drawing of the area. He stated that it is Mr. Kaffie's intent to find zoning that would compliment the surrounding area and they feel this would be the proper zoning for the area. In response to a question from Mayor Jones, Mr. Veteto stated that the "B-4" zoning would be located approximately 1,000' from the church and 2,000' from the nearest residence. Council Member Strong inquired if the drainage channel was an open ditch and Mr. Veteto replied in the affirmative. Mrs. Strong inquired if Cimmaron and County Road 26 were a part of the Master Transportation Plan and Mr. Veteto replied in the affirmative. Council Member Strong stated that this is an attempt by the City to honestly face future growth in the area, and an attempt to recognize what is needed in the area. Council Member Berlanga suggested a special permit for tract 4 as opposed to "B-4" zoning. Council Member Slavik asked why the staff didn't recommend "A-1" on Tract 2, and Mr. Wenger stated that since Cimmaron is a major street, higher -density is appropriate. He stated they recommended "A -1A" on Tract 3 because it is not on a major arterial street, therefore, lesser density. ..mutes Regular Council Meeting May 6, 1986 Page 13 Council Member Slavik stated that "B-4" on Tract 4 would back up to residential zoning, and Mr. Wenger stated that since Cimmaron is a major arterial, "B-4" on Tract 4 is appropriate. Council Member Slavik asked Mr. Utter to explain again the notification problems. Mr. Utter stated that the staff, as a courtesy, routinely mails zoning change notices to various neighborhood associations; the Brighton Village Neighborhood Association had a change in their mailing address and failed to notify the City of this change; therefore, the notice was mailed to an address in which the mail was forwarded to an individual who was no longer a member of the association. Council Member McComb expressed the opinion that the area surrounding the school should be protected. Mr. Veteto stated that he had spoken to Mr. J. M. Pearce with the school district, and they have no opposition to this zoning request. Mr. Veteto stated that County Road 26 will be an adequate buffer between the apartment zoning and residential zoning. Mr. Harris Kaffie stated that he was approached by the school district with the threat of condemnation for this property; they have worked for two years to develop a master plan that they felt would fit with Brighton Village; their agreement with the school was that the area would be served by first-class roads, the dedication of right-of-way, and dedication of a park area. He stated that it is very important that this area bear his father's name and that it be of good quality. Mr. Kaffie expressed the opinion that the over -abundance of apartments has nothing to do with the development of this project and he feels that this would be a benefit to the community. In response to a question from Council Member Slavik, Mr. Veteto stated that Cimmaron would be 62' of pavement and County Road 26 would be 48' of pavement. In response to a question from Council Member Strong, Mr. Kaffie stated that he could not predict when Tract 4 would develop, but he has not been approached regarding the development of the tract. Mr. Torres spoke again, stating that he is very appreciative of what Mr. Kaffie has done, but he has serious reservations about "B-4" zoning. Mr. Torres stated that it would be logical to have "B-4" zoning at Yorktown and Cimmaron. Council Member Mendez asked Mr. Torres what he felt would be proper zoning, and Mr. Torres replied that he would like to see "R -1B" or probably "B-1." Mr. Tom Grugle, 3538 South Washam, stated that he is concerned about his children having to walk through apartment and business complexes to get to school. He also expressed concern about increased traffic. .-slnutes Regular Council Meeting May 6, 1986 Page 14 Mr. Dave Noble, 6338 Ramsgate, stated that he moved to Brighton Village because he wanted a quiet neighborhood in close proximity to a school. He stated that if business is allowed in this area, it will result in traffic problems similar to Everhart Road. Council Member Strong inquired if Mr. Noble knew at the time he built his home that Cimmaron would be a major arterial street. Mr. Noble stated that he always checks zoning plans and there was no indication that this would become a major thoroughfare. Mayor Jones pointed out that Cimmaron Boulevard had been a part of the Master Plan for at least 20 years. Ms. Inez Ewart, 3333 Halfpenny, stated that she was told by the County that they had no plans to pave Cimmaron Boulevard and that it would have to be annexed by the City. She then read from the Zoning Ordinance the types of businesses allowed in "B-4" zoning. Council Member McComb suggested that the portion of tract 4 abutting the church be zoned "B-1" and the remainder "B-4." Mr. Kaffie indicated agreement. A motion was made by Mayor Pro Tem Best that the zoning be granted in accordance with the Planning Commission's recommendation for Tracts 1, 2, and 3, and zoning of "B-1" be approved for the portion of Tract 4 between Tract 2 and County Road 26 and the remainder be zoned "B-4." The motion was seconded by Council Member Strong. Mr. Torres stated that he is still opposed to "B-4" and asked that he be allowed to see the Master Plan. Mayor Jones pointed out that developers have the right to develop their property and the motion to change to "B-1" is a very fair motion. Mr. Beck spoke again and stated that this does not give the neighborhood a chance to grow. A motion was made by Council Member Mendez to close the hearing; seconded by Mayor Pro Tem Best; and passed unanimously. Mayor Pro Tem Best repeated his motion. ..inutes Regular Council Meeting May 6, 1986 Page 15 Council Member Pruet stated that he has filed an affidavit with City Secretary Chapa that he has substantial interest in property within 200' feet of the subject property; therefore, he will abstain from voting. Council Member Berlanga expressed the opinion that Tract 4 should be zoned "B-1" in its entirety. Council Member Slavik stated that "B-1" is adequate, noting that "B-4" zoning is not at all major intersections. Council Member McComb asked for clarification of the motion. Mayor Jones stated that the motion is to approve zoning of "R -1B" on Tract 1; "A-2" on Tract 2; "A -1A" on Tract 3; "B-1" on the portion of Tract 4 between the Church property and County Road 26; and "B-4" on the remainder of Tract 4. The motion failed to pass as follows: Jones, Best, Mendez, and Strong voting "aye"; Berlanga, Guerrero, McComb, and Slavik voting "no"; Pruet abstaining. A motion was made by Council Member Berlanga to approve zoning of "R -1B" on Tract 1; "A-2" on Tract 2; "A -1A" on Tract 3; and "B-1" on Tract 4. The motion was seconded by Council Member Guerrero and passed as follows: Jones, Best, Berlanga, Guerrero, Mendez, and Strong voting "aye"; McComb and Slavik voting "no"; Pruet abstaining. * * * * * * * * * * * * * 8. Application No. 286-6, Mr. B. Robert Mallory: For a change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District, on Lot 22, Block 1, Mt. Vernon Subdivision, located on the northeast corner of Everhart Road and Mt. Vernon Drive. Mr. Utter stated that in response to the 17 notices mailed, 3 were returned in favor and 1 was returned in opposition. He stated that the Planning Commis- sion and Planning Staff recommend denial of "B-1", and in lieu thereof, approve a special permit for "AB" uses and the sale of bottled water, and conforming to "AB" sign regulations, subject to an acceptable site plan. 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. Mayor Jones called for comments from the audience; there were none; 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 vote on the ordinance effecting the zoning change as follows: —mutes Regular Council Meeting May 6, 1986 Page 16 ORDINANCE NO. 19299 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF B. ROBERT MALLORY BY GRANTING A SPECIAL COUNCIL PERMIT FOR "AB" USES AND THE SALE OF BOTTLED WATER, AND CONFORMING TO "AB" SIGN REGULATIONS ON LOT 22, BLOCK 1, MT. VERNON SUBDIVISION; 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 at the time the vote was taken. * * * * * * * * * * * * * City Secretary Chapa announced that the Council would go into closed session under Article 6252-17, Open Meetings Law, at 4:40 p.m., to discuss contemplated litigation. * * * * * * * * * * * * * The Council reconvened at 4:58 p.m. Council Member Slavik stated that she had given Mr. Utter a list of 23 items of concern regarding the Water Front Festival Market; there was nothing in her packet; and she asked when she would be provided the information. Mr. Briones stated that he assumed she wanted the response when the ordinances were on the agenda for second reading, which will be next week. Council Member Slavik stated she wanted the answers to her concerns by Friday, and Mr. Utter stated that he would provide them. * * * * * * * * * * * * * Mayor Jones called for petitions from the audience. Mr. Fred Hayden, President, Nueces Chapter Texas Society of Professional Engineers, read a resolution to the Council urging adoption of a policy that Professional Engineering consultants be selected from among those local engineering firms in this City which can provide expertise and staff experience in appropriate engineering disciplines to provide design, plans, specifications, cost estimates, and construction support services required by the City of Corpus Christi. Council Member Berlanga agreed with Mr. Hayden and stated that he hopes the Council passes a resolution regarding this matter. Council Member McComb stated that this issue is being brought up as a result of the Request for Proposals for the holding tank at the O.N. Stevens Plant. He stated that the final list of engineers did not include any local firms. He stated that this should be reviewed very carefully by the Council, ,.minutes Regular Council Meeting May 6, 1986 Page 17 noting that this differs from bidding on construction jobs because professional services are not judged on low bid. Mr. Briones stated that he would like an opportunity to speak to the engineers in order to respond to this. Council Member Strong suggested that this be scheduled as a discussion item in two weeks, and Mayor Jones agreed. City Attorney George stated that there is a United States Supreme Court decision regarding the requirement of local contractors. He stated that the difference in this case is that it is for professional services, not low bid. He urged the Council to be cautious on this issue. Mayor Jones noted that for professional service contracts, if it is over $10,000 it must be approved by the Council. He again stated that this should be scheduled as an agenda item. Council Member Berlanga stated that the Council does not want to circumvent the law, but they should pass a resolution that states the Council will make an effort to use local firms. There being no further business to come before the Council, on motion by Council Member Mendez; seconded by Council Member Strong and passed unanimously, the meeting was adjourned at 5:15 p.m., May 6, 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 May 6, 1986, which were approved by the City Council on May 13, 1986. WITNESSETH MY HAND AND SEAL, this the 10 day of /&e -a Ct Armando Chapa City Secretary City of Corpus Christi, Texas