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HomeMy WebLinkAboutMinutes City Council - 08/26/1986PRESENT: 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 CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 26, 1986 2:00 P.M. City Manager Craig McDowell City Attorney Hal George City Secretary Armando Chapa Mayor Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member McComb, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Strong. 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 Council Meeting of August 19, 1986 be approved as presented; seconded by Council Member Strong; and passed unanimously. * * * * * * * * * * Mayor Jones administered the Oath of Office to Mr. Berney Seal, Corpus Christi Area Economic Business Development Corporation, and Mr. Joe Morales, Sister City Committee. * * * * * * * * * * Mayor Jones called for consideration of the following item: K. ACTION OF THE COUNCIL FROM THE WORKSHOP SESSION: M86-0373 1. Reaffirming the following guidelines, adopted on March 21, 1984, for the Community Development Block Grant Program; MICROFILMED _mutes Regular Council Meeting August 26, 1986 Page 2 a. No Community Development Block Grant Funds be authorized to applicant agencies for the support of operating expenses. b. No capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program. c. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds; and Reaffirming the stated Community Development Objectives which are: To provide for the development and preservation of a viable urban community, a suitable living environment, decent housing and expanded economic opportunities, principally for persons of low and moderate income, and to aid in the prevention or elimination of slums and blight. The City carries out its objectives by providing for appropriate streets and drainage, housing, recreational opportunities, neighborhood preservation, and revitalization and economic development as needed. M86-0383 2. Setting a public hearing for September 16, 1986, during the Regular Council Meeting to incorporate the additional funding available for the 12th Year CDBG Program. M86-0384 3. Approving the recommendations of the Staff and Planning Commission on the Agnes/Laredo Corridor revitalization efforts including the following basic elements: a. Specific code enforcement activity by the City's Neighborhood Improvement Program. b. Continued emphasis on rehabilitation loans for the area from the Mid -Town Exchange south to Old Robstown Road. c. Continued emphasis of CDBG and other funding. d. Outdoor Storage Screening and Land Use Regulations. A motion was made by Council Member Strong that the above listed items be approved; seconded by Council Member Guerrero; and passed as follows: Jones, Best, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga absent at the time the vote was taken. * * * * * * * * * * * * * .-,inutes Regular Council Meeting August 26, 1986 Page 3 Mayor Jones called for consideration of the following consent motions, items 1 through 8: 1. M86-0374 Approval of specifications and authorization to receive bids for approximately 8,500 tons of backfill sand and 2,000 tons of sandy loam soil. The term of this agreement 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. These items will be used by the Park and Recreation, Gas, Water, and Wastewater Divisions. Estimated annual expenditure is $52,000. 2. M86-0375 Approval of specifications and authorization to receive bids for safety shoe and boot service. The term of this agreement 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. Bidders are asked to quote a percentage of discount from their published price list. Estimated annual expenditure is $75,000. 3. M86-0376 Approval of specifications and authorization to receive bids for radio communication parts, equipment, and supplies for Radio Maintenance Division of 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. These items will be used by Radio Maintenance to furnish and maintain radio communications for the City, as well as the other governmental entities for which they are responsible. The estimated annual expenditure is $300,000. 4. M86-0377 Authorizing reimbursement of $7,177.73 to the Water Construction Fund from the Library Bond Fund for adjustment work performed by the City Water Division on a 12 -inch water main located adjacent to the south end of the parking lot at the rear of the new Corpus Christi Public Library. Funds for this reimbursement are available in the contingency appropriation for the Library project. 5. M86-0378 Granting a revocable easement to Spohn Hospital to allow the placement of approximately 80 linear feet of 12 -inch diameter steel casing under a section of Elizabeth Street between Ocean Drive and Third Street. Spohn Hospital is proposing to install a magnetic resonance imaging unit on the __mutes Regular Council Meeting August 26, 1986 Page 4 north side of Elizabeth Street opposite the main hospital complex. Communication and computer cables placed inside the steel casing would connect the imaging unit to a console in the x-ray department of the main hospital building. A fee of $150 is recommended for this easement grant. 6. M86-0379 Authorizing Change Order No. 2 in the amount of $26,260 to the contract with Claude Chapman Construction Company for the Nottarb Place Sanitary Sewer Improvement project. Change Order No. 2 provides for the relocation of the sanitary sewer line on the Menger Elementary School property. The Corpus Christi Independent School District has agreed to pay for the total cost of this change order. 7. M86-0380 Transferring $56,000 from the Vehicle Replacement Trust Fund to the Maintenance Services Fund for the anticipated replacement of six vehicles in the Vehicle Lease Program. These vehicles are projected to reach their expected service life based on mileage during the 1986-87 fiscal year. 8. M86-0381 Authorizing the City Manager to submit an application and execute a contract with the Coastal Bend Council of Governments for the continuation of the Omnibus Hunger Act Program in Nueces County. The contract contains a total budget of $22,260, and includes Omnibus Hunger Act Grant Funds in the amount of $18,906 and $3,354 in USDA Cash In Lieu of Commodities Funds. The program will operate for 12 months from September 1, 1986 through August 31, 1987. No City funds are involved. In regard to item 1, backfill sand and sandy loam soil, Council Member McComb asked about disposal of the dirt removed from the landfill, and City Manager McDowell stated that the dirt is stock piled and used again. Assistant City Manager Utter pointed out that item 1 relates to sand, and the dirt at the landfill is Victorian Clay which cannot be used as backfill. City Manager McDowell provided the Council with copies of radio maintenance expenditures by department as requested by the Council during the Workshop Meeting. There were no comments from the audience; a motion was made by Council Member Guerrero that items 1 through 8 be approved; seconded by Council Member Mendez; and passed unanimously. * * * * * * * * * * * * ...mutes Regular Council Meeting August 26, 1986 Page 5 Mayor Jones called for consideration of the Consent Ordinances; there were no comments from the Council; Mayor Jones called for comments from the audience. Mr. Alonso Rivera, 5310 Wentworth, asked for an explanation of Consent Motions and Consent Ordinances. Mayor Jones explained that the consent items that will not be discussed by the discuss one of the consent items, it will the items not removed will be voted on; Consent Agenda will be discussed. portion of the agenda includes those Council; if the Council wishes to be removed from the Consent Agenda; then those items removed from the Mayor Pro Tem Best pointed out that the agenda items were discussed by the Council during the Workshop meeting. There were no further comments from the audience; City Secretary Chapa polled the Council for their vote on Consent Ordinances 9 through 15; and the following were approved: 9. ORDINANCE NO. 19454 AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2 TO THE CONTRACT WITH ETHERIDGE ENGINEERING, INC., FOR ENGINEERING CONSULTANT WORK ON THE RELOCATION OF WATER LINES ON I.H. 37 BETWEEN THE MISSOURI -PACIFIC OVERPASS AND SHARPSBURG ROAD, WHICH AMENDMENT PROVIDES FOR ADDITIONAL ENGINEERING CONSULTANT FEES FOR PROJECTS "A" AND "B"; APPROPRIATING $53,355; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga absent at the time the vote was taken. 10. RESOLUTION NO. 19455 COMMENDING MAYOR HENRY G. CISNEROS FOR THE CONFERENCE ON THE FUTURE OF A REGION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga absent at the time the vote was taken. 11. FIRST READING AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND REAGAN AND ASSOCIATES FOR THE ANNEXATION OF APPROXI- MATELY 36.8 ACRES OF LAND BEING A PORTION OUT OF NUECES RIVER IRRIGATION PARK ANNEX NO. 2, 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; AND PROVIDING FOR SEVERABILITY. ..snutes Regular Council Meeting August 26, 1986 Page 6 The Ordinance was read for the first time and passed to second reading as follows: Jones, Best, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga absent at the time the vote was taken. 12. SECOND READING AMENDING CHAPTER 53, TRAFFIC, SECTION 53-2, DEFINITIONS, SECTION 53-77, FLASHING SIGNALS, AND SECTION 53-113, SPEED IN SCHOOL ZONES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The Ordinance was read for the second time and passed to third reading as follows: Jones, Best, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga absent at the time the vote was taken. 13. SECOND READING AMENDING ORDINANCE NUMBERS 16232 AND 15371 AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH ISLAND ENTERPRISES, INC., FOR THE SALE OF TRAVEL INSURANCE AND HANDLING OF TRAVEL RESERVATION TICKETS. The Ordinance was read for the second time and passed to third reading as follows: Jones, Best, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga absent at the time the vote was taken. 14. SECOND READING AUTHORIZING THE EXECUTION OF A SERVICES CONTRACT WITH THE CORPUS CHRISTI INTERNATIONAL SCHOOL OF SAILING IN THE OFFICE BUILDING ON THE COOPER'S ALLEY L -HEAD. The Ordinance was read for the second time and passed to third reading as follows: Jones, Best, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga absent at the time the vote was taken. 15. THIRD READING - ORDINANCE NO. 19456 AMENDING CHAPTER 53, TRAFFIC, SECTION 53-254, SCHEDULE V - INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES (relating to Airport Road, Kostoryz Road, Staples Street, and Waldron Road); PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The Ordinance was read for the third time and passed follows: Jones, Best, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Jones called for consideration of the following motion: ..Lnutes Regular Council Meeting August 26, 1986 Page 7 16. M86-0382 Changing the composition of the Board of Directors of Reinvestment Zone No. 1 to include the following: 3 members of the City Council consisting of the Mayor, Mayor Pro Tem, and the Council Member from the District in which the Reinvestment Zone lies (District 2); and one member from each of the following entities: Nueces County Commissioners Court, Corpus Christi Independent School District, and Del Mar Junior College District, for a total of 6 members. Mayor Jones explained that this motion will change the composition of the Board of Directors; this is a prerogative of the City Council; and he would like for Bill Pruet to be involved in this since he has been the contact for this group and has a good working relationship with the representatives. He stated that he personally would like to have Mr. Pruet attend the meetings. Council Member Slavik referred to two meetings that were held by certain members of the Board of Directors and asked City Attorney George to address this issue. Mr. George stated that it was not a meeting, but rather it was a discussion. He stated that the Open Meetings Act, 6252-17, V.A.C.S., states that governing bodies are any department of the State, the City Council, and all deliberating bodies. He stated that, in his opinion, the Reinvestment Zone is strictly an advisory board; therefore, the Open Meetings Act is not invoked. He stated that the Reinvestment Zone does not have quasi-judicial powers, and the key to the issue is whether or not it is a governmental body as defined by the statute. Council Member Slavik stated that the point is not what was discussed, but the people involved. Mr. George reiterated that the Open Meetings Act does not apply because the Board is not a State agency; it is not Council; nor is it commissioners court, and this is the key to the issue -- it does not have quasi-judicial powers and it is not a rule-making board as defined in the statute. Council Member Strong made a motion that Bill Pruet be a Council -designated person to work with the Reinvestment Zone to facilitate a more cohesive group. Council Member Pruet stated that he has no objection to that; his preference is not to change the voting makeup; and that any part he would play in support of the Board would strictly be a position of support or advisory. He stated that it is very important that the equity of the votes as presented in the motion is maintained. Council Member Mendez stated that his concern was whether Mr. Pruet's position would be advisory, and he has no qualms with Mr. Pruet serving as advisory only. ..inutes Regular Council Meeting August 26, 1986 Page 8 Council Member Guerrero questioned the reasoning for changing the structure of,the Board of Directors, since it has no judicial powers and is only advisory. He stated that the City Council will ultimately have the power. Mr. George stated that the Reinvestment Zone has only as much power as the Council authorizes. He stated that the motion before the Council gives some direction; the ordinance creating the Reinvestment Zone must be amended to reflect this change; each of the contracts with the different entities must also be amended; and the Board of Directors will have to amend the by-laws. Council Member Guerrero stated that all this motion does is pacify a bad situation, because ultimately the City Council has the power to do whatever it wants regarding the Reinvestment Zone. Mayor Jones stated that the objective is to make the Reinvestment Zone work with the active support of the other taxing entities. Council Member Guerrero stated that the Council either gives the Reinvestment Zone the power or does not. He stated that this is just simply going through the motions. He referred to the recently defeated annexation and the part the possible formation of another Reinvestment Zone played in that defeat. Mr. Guerrero asked if this was the first step in giving the other entities an equal say in the Reinvestment Zone. Mayor Jones stated that that depends on how the City Council handles their recommendations. City Attorney George stated that the Board of Directors prepares and adopts the Project Plan and Financing Plan, which must be submitted to the City Council. He stated that in addition to that, the governing body may delegate to the Board any powers or duties about the Project Plan. He stated that this motion will equalize representation on the Board, because it is his understanding that the other entities did not like the fact that they were outnumbered by the Council Members who were on the Board, and that fact was made very clear. He stated that the plan still has to be approved by the City Council, but the Board has to vote on what plan to present, and that is the equal representation. Council Member Guerrero stated that Mr. Pruet making role. He stated that there are problems because the City Council pushed an annexation with ment Zone. He questioned the wisdom of allowing advisory capacity. Mayor Jones stated that the annexation did not Reinvestment Zone, noting that there were problems election was an issue. is being given the peace - with the Reinvestment Zone connotations of a Reinvest - Mr. Pruet to serve in an cause the problems with the long before the annexation .,inutes Regular Council Meeting August 26, 1986 Page 9 Council Member Guerrero reiterated that the defeat of the proposed annexation was due to the proposed creation of the Reinvestment Zone and the Navigation District in the area to be annexed, and that is his point. Council Member Strong repeated her motion that Bill Pruet serve in an advisory capacity to the Reinvestment Zone. City Attorney George stated that an amendment to the ordinance creating the Reinvestment Zone and amendments to the various contracts would be forth coming. A motion was made by Council Member Pruet to approve item 16; seconded by Council Member Mendez. Council Member Slavik stated that she felt the County should have two representatives, and pointed out that with 6 members on the Board, there is the possibility of a deadlock situation on issues to be voted on. *Council Member Berlanga arrived at 2:35 p.m. City Manager McDowell stated that the Board of Directors will recommend a project and finance plan to the City Council; they will probably ask for more authority once the plan is adopted; a deadlock could occur, but the Council would be the final authority. He pointed out that the issue was never raised that the County wanted more representation. Council Member Mendez gave as an example, the fact that Planning Commission recommendations are brought before the Council that are not unanimous, but the Council has the final authority. There were no comments from the audience on item 16, and the motion to approve item 16 passed unanimously. Mrs. Strong's motion regarding Mr. Pruet was not seconded, and Mayor Jones stated that he felt the Council could utilize any member of the Council that they wanted. * * * * * * * * * * * * * Mayor Jones called for consideration of the following item: 17. Reconvened hearing — Opening of O'Neill Street from Stone Street to First National Boulevard. Assistant City Manager Lontos stated that the Council, staff, and area residents met in Flour Bluff to discuss the extension of this street; it was concluded that there are a number of alternatives that need to be pursued in more detail; and it is recommended that this be tabled for 30 days in order to pursue alternatives. __mutes Regular Council Meeting August 26, 1986 Page 10 A motion was made by Council Member Guerrero that this item be tabled for 30 days; seconded by Council Member Slavik; and passed unanimously. Council Member Slavik pointed out that the Council had received copies of a petition regarding O'Neill Street, and Council Member Strong stated that she had received the petitions at a meeting she had attended and had asked that the Council be provided with copies. * * * * * * * * * * * * * Mayor Jones announced the public hearings on two zoning cases: 18. Application No. 786-3T, T & H Development, Inc.: For a proposed change to the text of the City Zoning Ordinance No. 6106 as follows: Amend Article 31, Newly Annexed Territory, by amending Section 31-5 setting forth a zoning classification of "R -1C" One -family Dwelling District on 22.95 acres out of Lot 8, Section 19, Bohemian Colony Lands, when annexed to the City of Corpus Christi, located south of Cedar Pass Drive and west of the stub ends of Holly Ridge and Aspen Grove Drives. Assistant City Manager Utter stated that of the 6 notices mailed, none were returned in favor or opposition, and the Planning Commission and Planning Staff recommend approval. There were no comments from the audience; a motion was made by Mayor Pro Tem Best that the hearing be closed; seconded by Council Member Slavik; and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet absent at the time the vote was taken. City Secretary Chapa polled the Council for their vote, and the following ordinance was approved: ORDINANCE NO. 19457 AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 A SUBSECTION SETTING FORTH ZONING CLASSIFICATION OF SAID AREA OF LAND DESCRIBED AS A PORTION OUT OF LOT 8, SECTION 19, BOHEMIAN COLONY LANDS; 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. * * * * * * * * * * * * * 19. Application No. 686-1, Mr. W. H. Hammonds: For a change of zoning from "AT" Apartment -Tourist District to "AB" Professional Office District on a 0.34± acre tract of land called "Ocean Park" (between Ocean Drive and Corpus Christi Bay) as shown by plat of Seaside Camp Meeting Grounds as _.inutes Regular Council Meeting August 26, 1986 Page 11 recorded in Volume A, Page 45, of the Map Records of Nueces County, Texas, located on the north side of Ocean Drive, between Robert Drive and Airline Road. Mr. Utter stated that in response to the 11 notices of the hearing, 3 were returned in favor; 4 were returned in opposition; 5 were returned in opposition from outside the area of notification; 2 petitions in opposition containing 45 signatures were received from outside the area of notification; and the Planning Commission and Planning Staff recommend denial. Mr. Utter stated that when this application was before the Planning Commission, the staff recommended approval of a special permit with parking in the rear, but since that time staff has met with the applicant and parking is not possible in the rear; therefore, staff recommends denial. Mayor Jones noted that there is not an ordinance before the Council; therefore, a motion would be required to bring forth an ordinance. Mr. Utter provided the Council with copies of a site plan depicting parking in the front. Mr. Utter stated that at the Commission hearing staff recommended "SP" for for office use with parking in the rear, which is somewhat contrary to previous recommendations by the staff, but the Council has, in the past, approved "SP" on Ocean Drive. He stated that subsequently, the applicant has stated that he cannot place parking in the rear, and the residents feel that that would be worse than parking in the front. (For clarification purposes, front refers to the Ocean Drive side, and rear refers to the water side of the property.) Council Member Slavik asked what the staff's objection was. Mr. Utter explained that staff wanted parking in the rear; historically, staff and the Commission have opposed "SP" for "AB" uses in the area between Robert Drive and Airline; there has been "SP" in the area, but only for exceeding square footage requirements. Council Member Slavik stated that in her opinion, whatever happens in this block of Ocean Drive does not affect the rest of Ocean Drive. Council Member Strong stated that the staff reversed their decision and questioned why. Mr. Utter stated that when one or two cars are parked in the front of the house, it appears to be a residential structure, but not if there are a number of cars. He stated that staff wants to maintain the single—family appearance and have parking in the rear, and the site plan submitted shows parking in the front; therefore, the staff withdrew its recommendation for "SP." .,lnutes Regular Council Meeting August 26, 1986 Page 12 Mayor Pro Tem Best stated that Mr. Hammonds has for 7 to 8 years, and questioned how that happened. operated at that location Mr. Utter stated that Mr. Hammonds said he spoke to someone at City Hall. In response to Dr. Best's question, Mr. Utter stated that in order to operate the bookkeeping service as it is now, Mr. Hammonds would need the required number of parking spaces. Mr. Larry Wenger, Director of Planning, stated that a special permit has a provision that prohibits applying for variances to the Board of Adjustment; therefore, a special permit must meet the parking requirement of 9 spaces and maneuverability in the parking lot. Mr. Wenger stated that "AT" zoning allows multi -family dwellings, hotels, motor courts, single family dwelling, or duplex. Council Member Strong stated that there is a possibility of having a circle-thru driveway and cut down the trees to meet the parking requirements. 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 questioned the location of parking at the rear of the property as opposed to the front of the property, and Mr. Wenger stated that as far as the staff is concerned, the rear of the property is that part away from Ocean Drive. Mr. W. H. Hammonds, 4418 Ocean Drive, stated that this is the first he has heard about the staff changing their minds regarding the special permit; at the Planning Commission meeting he did not hear the staff say anything about parking in the rear; he pointed out that there are four high-rise buildings in the block that have "SP" because the buildings were too large for the lots; and he does not want to change anything about his current operation. Mr. Hammonds stated that he would install a fence along the front property line to screen the parking. Mr. Hammonds provided the Council with photographs of the property. Mr. Hammonds stated in the rear, and then he the rear. He noted that that location for 3 to 5 to "AT"; and he does not that he did not realize the expense of having parking realized that no one else on Ocean Drive has parking in they are reluctant to cut down the trees; he will be at more years; if he vacates the property, it would revert want any signs on the property. Council Member Strong inquired if a special permit limited to a bookkeeping service would satisfy Mr. Hammonds, and Mr. Hammonds replied in the affirmative. Mr. Hammonds stated that the customers who go to the office are usually apart- ment managers delivering paper work -- people do not just drop by. He stated that there are three people working at the office on a permanent basis. He _.mutes Regular Council Meeting August 26, 1986 Page 13 reiterated that he would prefer to keep the trees, noting that they are probably 35 years old. Council Member Strong inquired if the staff would recommend "SP" if the parking requirements were met, and Mr. Utter stated that staff recommended "SP" upfront because the use was not intrusive into the neighborhood, but staff is not in strong opposition to "SP", assuming the parking problem could be reconciled. Discussion followed regarding how the parking requirements could be met, either by cutting down the trees or construction of a circle drive. In response to Council Member Slavik's question, Mr. Utter stated that in order to meet the requirements of the ordinance, the property would require 9 parkings spaces; the site plan submitted shows 8 parkings spaces, and only 4 of those have access to Ocean Drive, which is not in conformance with the ordinance. He stated that the zoning ordinance requires 9 parking spaces and if "SP" is granted, he cannot apply for a variance. Council Member Slavik stated that she objected to parking on the water side of the property. Mr. Jack Solka, 6262 Weber, appeared representing the applicant. Mr. Solka stated that from the comments made, it appears the trees should be saved. He stated that the ordinance requiring the parking spaces should be changed. He stated that it is possible to have 9 parking spaces if the trees are removed, but he feels the trees should remain. Mr. Solka stated that for 7 years there have been 2 parking spaces and a garage, and that has not caused any problems. Mr. Hammonds pointed out that it was only recently that parking was prohibited on this portion of Ocean Drive. Mr. David Saenz, 1430 17th Street, stated that the ordinances are confusing; Mr. Hammonds should be allowed to conduct his business; he referred to Village on the Green Subdivision which did not meet the requirements of the ordinance, but the City Council approved it; and the Council should make an exception of one parking space. He mentioned the many attributes of Mr. Hammonds, and noted that he pays one of the highest property tax in the City. He urged the Council to approve the zoning change. Mr. J. F. Marsters, representing The Landmark, 4500 Ocean Drive, stated that a precedent would be set if the special permit is approved for office use. Mr. Chip Bonner, representing Twin Dolphins Council of Co -Owners, pointed out that there is no "AB" zoning on the water side of Ocean Drive from Spohn Hospital to the south; the special permits that have been granted were only to increase the amount of square footage for a condominium unit; and the site plan submitted by the applicant does not comply with the ordinance. He stated that this is spot zoning and urged the Council to deny the request of "AB" or a r- ces Regular Council Meeting August 26, 1986 Page 14 special permit. Council Member McComb inquired if a special permit is granted to increase the size of the units (referring to the condominiums that have such permits on Ocean Drive), if that in effect would reduce the number of parking spaces required. Mr. Wenger explained that parking for uses such as condominiums is based on the number of bedrooms, whereas parking for a business use is 1 parking spaces per 200 square feet of building. Mr. McComb stated that Mr. Hammonds' business use is more desirable than a motor court at that location, which is allowed under the current zoning. Mr. Jim Brelan, 1110 American Bank Plaza, Somo Siete, stated that he is opposed to business use, but is in favor of a special permit with a time limit. A motion was made by Mayor Pro Tem Best that the hearing be closed; seconded by Council Member Mendez; and passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent at the time the vote was taken. A motion was made by Council Member Pruet that "AB" zoning be denied, and in lieu thereof grant a special permit for "AB" uses, subject to an acceptable site plan with sufficient parking spaces; seconded by Council Member Strong. Mr. Pruet clarified that his motion does not include a time limit. Mr. Hammonds and Mr. Solka indicated that they could achieve the 9 parking spaces. In response to questions from the Council, Mr. Utter stated that there is no "AB" zoning on the water side of Ocean Drive; in the 4600 Building there is an "SP" for "AB"; the Yardarm Restaurant is zoned "AT", but that is allowable; and that if the property under consideration should be sold, it would revert to "AT." Council Member Mendez stated that if the property changes ownership it should revert to "AT", and Mr. Pruet stated he would consider that a friendly amendment to his motion. Mayor Jones stated that he is disappointed in many respects. He stated that Mr. Hammonds knew the use he was making of the property and this is very clearly opening office space on Ocean Drive, noting that there is a difference between office operations on the water side and the land side. He stated that this establishes a precedent and he will vote no on the motion. .,inutes Regular Council Meeting August 26, 1986 Page 15 Council Member Strong stated that this is a cloudy issue, because the question is whether Mr. Hammonds was given permission to conduct this business. She noted that if this was a one-person office it would be legal. She stated that in the 3400 block of Ocean Drive, on the water side, a doctor is operating his office from his home and he employs one nurse. She stated that Mr. Hammonds' business is not public and he has no signs. She stated that a high-rise condominium is more objectionable than a single-family home used as an office for bookkeeping purposes, and if it were her choice, there would be no high-rises on Ocean Drive. She stated that this block of Ocean Drive is visually ruined, and referred to the fact that the Twin Dolphins Condominum's parking garage is 10' from the street, and this is very unattractive. Council Member Slavik reiterated that this block of Ocean Drive is a lost cause; she does not feel that this will set a precedent because this block of Ocean Drive is unique; and there are all types of activities in this block. She stated that she would rather see the house remain than condominiums built. Council Member Berlanga stated that he concurs with Council Member Strong. Council Member McComb stated that the trees should be saved if possible, and Mr. Utter stated that staff will try to do this. Council Member McComb made a friendly amendment to the original motion for staff to diligently try to save the trees. Mayor Jones pointed out that Mr. McComb's friendly amendment was not intended to violate the ordinances. Mayor Jones repeated the motion to grant a special permit for "AB" uses as they exist today, subject to an acceptable site plan and continued ownership by Mr. Hammonds. The motion passed as follows: Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Jones voting "no"; Guerrero absent at the time the vote was taken. Mr. Utter stated that Mr. Chip Bonner had quoted staff as saying that this would be spot zoning. He clarified that staff feels that a special permit is not spot zoning. Mr. Utter stated that when the site plan is received by staff, an ordinance will be placed on the agenda. * * * * * * * * * * * * * Mayor Jones called for petitions from the audience. Mr. Joseph T. Dawson stated that he had been contacted by Mr. James Conn, Petroleum Superintendent, relative to his drilling application to drill in State _.mutes Regular Council Meeting August 26, 1986 Page 16 Tract 8. He stated that this application was before the Bay Drilling Committee in January; it was approved; but the application must also be processed by five other agencies. He asked that the Council grant him permission to drill today, because a delay would cost him $7,000 per day. City Manager McDowell stated that the only problem is that staff did not have time to post this as an agenda item. He stated that Council can authorize him to drill and officially take action next week. City Attorney George take action on items, two must be given. He stated Council, at one time, gave that they are at risk. He staff had suggested to Mr. stated that in order for the Council to consider and hours' notice prior to the beginning of the meeting that Mr. Dawson is in a financial bind, and that the permission to Exxon to proceed with drilling knowing stated that this will be on the agenda next week, but Dawson that he appear before the Council. Assistant City Manager Hennings stated that the Bay Drilling Committee recommended approval on January 29, 1986, and the staff has no problem with this. A motion was made by Council Member McComb that Mr. Dawson be allowed to proceed and confirmation would be made next week; seconded by Council Member Slavik; and passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent at the time the vote was taken. Ms. Jan Henderson, 716 Avondale, referred to problems at 4501 Up River Road where an individual (Mr. Bruce Easter) is illegally selling cars. She stated that this complaint was heard in Municipal Court; Mr. Easter was placed on probation until November; and if he sells cars, the entire process would have to start again. She stated that the zoning laws need to be changed because they do not address what can or cannot be done in a situation like this. Mayor Jones asked for a report on this, and Mr. McDowell stated that staff could provide an oral report at this time. City Attorney George stated that a complaint was filed in Municipal Court; the Judge was under the impression that it would be better to place Mr. Easter on 90 days probation rather than fine him $200, because then the City would have control for 90 days. In response to a question from Mayor Jones, Mr. George stated that the maximum fine for misdemeanor offenses would be raised from $200 to $1000 some time in September. Mrs. Hoskins, 718 Avondale, stated that Mr. Easter is now making threats against her because she has a Christmas display, and is also making threats against Ms. Henderson. .._.rotes Regular Council Meeting August 26, 1986 Page 17 It was clarified that Mrs. Hoskins Christmas display does not violate any zoning laws. Ms. Myrna Curnett, 738 Avondale, stated that a building inspector had been to her home because she had a bus in her driveway. She stated that Mr. Easter had reported the bus because her son was living in it. She stated that she would like the business stopped at 4501 Up River Road. Mayor Jones stated that everyone must comply with the law. Ms. Gail Hoffman and Mr. Armando Avalos, Corpus Christi Arts Council, presented a 1986 Bayfest poster to the Council. Council Member Strong stated that the original painting of the Sesquicentennial poster is for sale and all proceeds will go to the Sesqui- centennial Commission. She asked that the Council, as private individuals, purchase the painting and donate it to the City for the new City Hall. She stated that it would cost $110 per person, and the Sesquicentennial Commission, with the proceeds, will donate something to the City, perhaps a fountain. There being no further business to come before the Council, on motion by Mayor Pro Tem Best, seconded by Council Member Berlanga and passed unanimously, the meeting adjourned at 4:30 p.m., August 26, 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 August 26, 1986, which were approved by the City Council on September 2, 1986. WITNESSETH MY HAND AND SEAL, this the O* day of LutJoneK MAYOR 61icf04.. - /98c Armando Chapa City Secretary City of Corpus Christi, Texas