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HomeMy WebLinkAboutMinutes City Council - 09/23/1986MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 23, 1986 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Dr. Jack Best Hall. Council Members: David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 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 The invocation was given by Monsignor Patrick Higgins of St. Patrick's Catholic Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Linda 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 Slavik that the minutes of the Regular Council Meeting of September 16, 1986, be approved as presented; seconded by Council Member Guerrero; and passed unanimously. * * * * * * * * Mayor Jones announced the presentation of resolutions commending Lozano Special Emphasis School and Shaw Special Emphasis School, both of the Corpus Christi Independent School District, and St. Patrick School, a Catholic School, for their national recognition as outstanding elementary schools in the United States. MICROFILMED _mutes Regular Council Meeting September 23, 1986 Page 2 City Secretary Chapa polled the Council for their votes on the three resolutions and the following passed: RESOLUTION NO. 19485: THAT THE CITY COUNCIL ON BEHALF OF THE ENTIRE COMMUNITY, COMMENDS AND CONGRATULATES LOZANO SPECIAL EMPHASIS SCHOOL, ITS STUDENTS AND THEIR FAMILIES, AND ITS TEACHERS, ADMINISTRATORS AND SUPPORT STAFF, AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, FOR THE PRESIDENTIAL EXCELLENCE IN EDUCATION AWARD RECEIVED FROM PRESIDENT RONALD REAGAN AT A SPECIAL WHITE HOUSE CEREMONY. The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". RESOLUTION NO. 19486 THAT THE CITY COUNCIL ON BEHALF OF THE ENTIRE COMMUNITY, COMMENDS AND CONGRATULATES SHAW SPECIAL EMPHASIS SCHOOL, ITS STUDENTS AND THEIR FAMILIES, AND ITS TEACHERS, ADMINISTRATORS AND SUPPORT STAFF, AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, FOR THE PRESIDENTIAL EXCELLENCE IN EDUCATION AWARD RECEIVED FROM PRESIDENT RONALD REAGAN AT A SPECIAL WHITE HOUSE CEREMONY. The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". RESOLUTION NO. 19487 THAT THE CITY COUNCIL ON BEHALF OF THE ENTIRE COMMUNITY, COMMENDS AND CONGRATULATES ST. PATRICK SCHOOL, ITS STUDENTS AND THEIR FAMILIES, AND ITS TEACHERS, ADMINISTRATORS AND SUPPORT STAFF, AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, FOR THE PRESIDENTIAL EXCELLENCE IN EDUCATION AWARD RECEIVED FROM PRESIDENT RONALD REAGAN AT A SPECIAL WHITE HOUSE CEREMONY. The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". Mayor Jones then called on Ms. Maggie Ramirez, Principal of Lozano Special Emphasis School, to receive their resolution. Ms. Ramirez provided the Council with a brief sequence of events in the filing of their application which led to their school receiving the honor and stated that this City is most fortunate in having three schools in Corpus Christi selected for this award. She then introduced representatives of Lozano Special Emphasis School who were present in the audience. Mayor Jones then read the resolution. _iinutes Regular Council Meeting September 23, 1986 Page 3 Mayor Jones read and presented a resolution to Ms. Terry Alaniz, Principal of Shaw Special Emphasis School. Ms. Alaniz stated that they were very proud of their school for being honored with this award. She, too, introduced representatives of their school who were present. Mayor Jones then presented a resolution to Sister Patrice Floyd, Principal of St. Patrick's School, and other representatives. Mayor Jones announced the presentation of a resolution expressing the City Council's support of the Port of Corpus Christi People's Program. City Secretary Chapa polled the Council for their vote and the following was passed: RESOLUTION NO. 19488: THAT THE CITY COUNCIL COMMENDS AND SUPPORTS THE PLANS OF THE PORT OF CORPUS CHRISTI TO ESTABLISH A "PEOPLES PROGRAM" ON CARGO DOCKS 1 AND 2. The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". Mayor Jones then read and presented the resolution to Mr. Harry Plomarity, Executive Director for the Port of Corpus Christi Authority. Mr. Plomarity expressed appreciation to the Council for their support and cooperation with the Port. Mayor Jones announced the presentation of t -shirts to the Council by representatives of Bayfest '86 and stated that this is the 10th annual Bayfest celebration in the City of Corpus Christi; this activity is not only an attraction for the entire community but an opportunity to bring the citizens together; and expressed appreciation to Ms. Suzanne Anthony and Cindy Kroeger, Co -Chairpersons for Bayfest '86. Ms. Anthony and Ms. Kroeger presented the Council with Bayfest '86 t -shirts and expressed appreciation to the Council for their support and cooperation in assisting them make this the best Bayfest celebration ever. ainutes Regular Council Meeting September 23, 1986 Page 4 Mayor Jones referred to the supplemental agenda on the following item pertaining to the Bayfest Celebration: 23a. Authorizing "Sky's the Limit" to perform parachutist jumps from an airplane onto the area of the Bayfront Convention Center on Sunday, September 28, 1986, as a part of Bayfest ceremonies, subject to submission of a Certificate of Insurance policy in the total amount of $1,000,000 indemnifying the City from any damages. A motion was made by Council Member Strong that the Council approve the recommendation, seconded by Council Member Pruet, and passed unanimously. City Secretary Chapa polled the Council for their vote on the ordinance as follows: 23a. ORDINANCE NO. 19502: AUTHORIZING SKY'S THE LIMIT, P.C., TO CONDUCT A PARACHUTE JUMP ON SEPTEMBER 28, 1986, IN CONNECTION WITH BAYFEST OPENING CEREMONIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". Mayor Jones administered the Oath of Office to Dr. Glen Edmond Kost, a new appointee to the Sister City Committee. * * * * * * * * Mayor Jones then announced the presentation of a conceptual drawing of the Aquarium Building by the Corpus Christi Aquarium Association. Mr. John Dorn, President of the Corpus Christi Aquarium Association, provided the Council with a brief history of the Aquarium and presented to the Council the artist's rendition of the State Aquarium. He stated that the concept calls for a larger building; they have plans for a heavily landscaped park; and the project will be constructed with bond funds and from solicitations and pledges. He informed the Council of their formation of their Fund-raising Council that will take care of all solicitations and stated that the members' names will be announced during the Press Conference in April. Mr. Dorn stated that they are well along in approaching their goal for their project; explained their plans to participate in several activities during Bayfest Celebration; and that on Thursday, September 25th, they will be kicking off their "Friends of the Aquarium" with a signup display booth. He stated that they hoped the Council will be able to join in the event. Mayor Jones thanked Mr. Dorn for appearing before the Council and bringing them up to date with information on the Aquarium and invited Mr. Dorn to come before the Council to update them on their future plans. * * * * * * * * .Qinutes Regular Council Meeting September 23, 1986 Page 5 Mayor Jones called for consideration of the Consent Motions, Items 1 through 9. 1. 1486-0400 Approving a supply agreement for approximately 8,000 gallons of hydraulic oil to Industrial Lubricants based on low bid of $12,480. 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. This item is for the Maintenance Services Department to be used by appropriate City Divisions. Seventeen bid invitations were issued and three bids were received. Prices have decreased approximately 15% from the last contract of May, 1985. 2. M86-0401: Approving a supply agreement for large lamps, including incandescent, flourescent, high intensity discharge, quartz, projector, airport, and energy efficient lamps, with Consolidated Electric Distributors based on best bid for an expenditure of $35,950. 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. Fifteen bid invitations were issued and six bids were received. Prices have decreased approximately 14% from last contract of July, 1984. 3. M86-0402: Approval of specifications and authorization to receive bids for traffic signal "system coordination" equipment for the interconnection of existing signalized intersections on Kostoryz Road, Weber Road, Doddridge Street and Ocean Drive. These items will be for Traffic Engineering Division's Stage II Traffic Signal Capital Improvement Program. Estimated expenditure is $288,000 with funds budgeted in the 1982 Street Bond Fund. 4. M86-0403: Authorizing acquisition of two parcels of land (#1, #3) located at the northeast corners of Padre Island Drive and Cliff Maus (#1, Tract A), the southeast corner of Padre Island Drive and West Point Road (#1, Tract B) and the southwest corner of Padre Island Drive and Old Brownsville Road (#3) at a cost of $10,750 for the Padre Island Drive - Bush to Agnes Improvements. 5. M86-0404: Authorizing acquisition of a parcel of land (#5) located at the southeast intersection of Ayers and McArdle Road at a cost of $6,900 for the McArdle Road - Ayers to Carroll Lane Street Improvements project. minutes Regular Council Meeting September 23, 1986 Page 6 6. M86-0405: Authorizing acquisition of a parcel of land (#6) located between Leopard Street and Princess Drive at a cost of $2,000 for the Turkey Creek Drainage Improvements project. 7. M86-0406: Accepting the Westside Wastewater Treatment Plant Interim Improvements, which included construction of a supernatant pond, and authorizing final payment in the amount of $21,028.02 to Stefek Construction Company. 8. Item Tabled: Tabled Zoning Application No. 586-1, Mr. Faires P. Wade: For a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 2, Block 35, Windsor Park Unit 4. The City Council heard this request on July 22, 1986, at which time they tabled the application for 60 days to give the applicant time to obtain access to his property from Everhart Road via his neighbor's lot. Mayor Jones referred to Item 8, Tabled Zoning Application No. 5186-1, Mr. Faires P. Wade, and inquired of Mr. Larry Wenger, Director of Planning, about the Council's option on this item. Mr. Wenger informed the Council that they could either approve some amendment or deviation of what was submitted earlier or table the item for additional time, adding that Mr. Wade has not been able to work out an agreement with his neighbor. Mr. Faires P. Wade stated he has been unable to work out an agreement with his neighbor because he has been on vacation. He stated that the problem could be solved if he could get permission to obtain access from Everhart Road via the neighbor's property; it is creating a near traffic hazard within the lot; and that he has given his neighbor the option to purchase his lot but Dr. Polk has shown very little interest. Mayor Jones asked about the Planning Commission and Planning Staff's recommendation, and Mr. Wenger informed the Council that the Planning Commission recommended denial of "AB" and in lieu thereof grant a special permit for an attorney's office, and that the Planning Staff recommends denial of "AB" and in lieu thereof recommends a special permit for a law office limited to use by two attorneys with the provision that access be from Everhart Road only. Further discussion followed on this. dinutes Regular Council Meeting September 23, 1986 Page 7 A motion was made by Council Member Mendez that the Council delay action on this case for 30 days in order to allow Mr. Wade an opportunity to discuss the possibility of obtaining access through Everhart Road, seconded by Council Member Berlanga and passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet and Slavik voting, "Aye"; Guerrero and Strong, absent at the vote was taken. Mayor Jones called for comments from the audience on the Consent Motions, and there was no response. A motion was made by Council Member Mendez that Consent Motions, Items 1 through 9 be approved, seconded by Council Member Strong. Assistant City Secretary Zahn pointed out to the Council that the Item 17, scheduling a public hearing on October 14, 1986, on the closure request of a 20 -foot wide, unopened alley in Block 59, Brooklyn Addition, was listed under Consent Ordinances but should actually be considered as a motion. A motion was made by Council Member Strong that item 17 be included as a Consent Motion, seconded by Council Member Mendez and passed unanimously. 9a. M86-0408: Scheduling a public hearing on October 14, 1986, on the closure request of a 20 -foot wide, unopened alley in Block 59, Brooklyn Addition. Mayor Jones called for the vote on the Consent Motions, including item 9a, and it passed unanimously. Mayor Jones called for consideration of the Consent Ordinances, Items 10 through 23, with the exception of item 17 which was considered earlier as a motion. There were no comments from the Council or the audience; Assistant City Secretary Zahn polled the Council for their vote; and the following ordinances were approved: 10. ORDINANCE NO. 19489: AUTHORIZING THE EXECUTION OF A CONTRACT WITH BILL N. JOHNSON, INC. FOR PILING REMOVAL ON CORPUS CHRISTI BEACH AND PILING REPLACEMENT IN THE CITY MARINA; APPROPRIATING $20,750; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". ainutes Regular Council Meeting September 23, 1986 Page 8 11. ORDINANCE NO. 19490: APPROPRIATING $70,000 OUT OF NO. 205 WATER BOND FUND FOR ADDITIONAL FUNDING FOR FINAL PAYMENT INCLUDING RETAINAGE INTEREST TO DELTA UTILITIES; 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. ORDINANCE NO. 19491: AUTHORIZING THE EXECUTION OF A CONTRACT WITH CLAUDE CHAPMAN CONSTRUCTION COMPANY PROVIDING FOR THE INSTALLATION OF SANITARY SEWER LATERAL LINES IN FLOUR BLUFF DRIVE, LYNHURST, WOODCREST, SENTINEL, ORANGE, CRESTMONT, SUNNYCREST AND PECAN STREETS IN THE WESTERN PORTION OF THE DON PATRICIO SUBDIVISION; APPROPRIATING $486,000; 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". 13. ORDINANCE NO. 19492: APPROPRIATING $5,000 OUT OF THE NO. 220 STREET BOND FUND PROJECT NO. 220-82-11.2, SCHOOL SIDEWALK, PHASE II, FOR CHANGE ORDER NO. 2 WHICH INCLUDES THE CONSTRUCTION OF APPROXIMATELY 408 LINEAR FEET OF SIDEWALK ON BELMEADE DRIVE ALONG CULLEN PARK ADJACENT TO CULLEN JUNIOR HIGH SCHOOL; 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". 14. ORDINANCE NO. 19493: APPROPRIATING $5,000 OUT OF THE NO. 295 STORM SEWER BOND FUND PROVIDING FOR CHANGE ORDER NO. 4 WHICH INCLUDES REPAIRS TO THE IMPELLER AND FIBERGLASS SUCTION BELL OF PUMP NO. 2, OUT OF PROJECT NO. 295-77-2.1, FOR DOWNTOWN PUMP STATION "A" REPAIRS, PHASE II; 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". 15. ORDINANCE NO. 19494: APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: ninutes Regular Council Meeting September 23, 1986 Page 9 Furman School Area, Phase IV 1. Morris Avenue, Mary Street and Marguerite Street, from Crosstown to 10th Street; 2. 10th Street, from Mary Street to Laredo Street; 3. llth Street, from Morris Avenue to Mary Street; 4. 12th Street, from Morris Avenue to Laredo Street; 5. 14th Street, from Morris Avenue to Marguerite Street, and 6. Sam Rankin Street, from Lipan Street to Mestina Street. 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 DURING THE REGULAR 2:00 P.M. COUNCIL MEETING, OCTOBER 21, 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, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 16. ORDINANCE NO. 19495: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Furman School Area, Phase IV 1. Morris Avenue, Mary Street and Marguerite Street, from Crosstown to 10th Street; 2. 10th Street, from Mary Street to Laredo Street; 3. llth Street, from Morris Avenue to Mary Street; 4. 12th Street, from Morris Avenue to Laredo Street; 5. 14th Street, from Morris Avenue to Marguerite Street, and 6. Sam Rankin Street, from Lipan Street to Mestina Street. 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". 17. (This item was considered as a motion) 18. ORDINANCE NO. 19496: CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Tiger Lane Tiger Lane, from Weber Road to Flynn Parkway; .4inutes Regular Council Meeting September 23, 1986 Page 10 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". 19. THIRD READING - ORDINANCE NO. 19497: 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 third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 20. THIRD READING - ORDINANCE NO. 19498: AN ORDINANCE AMENDING THE CORPUS CHRISTI ZONING ORDINANCE, AS AMENDED, NO. 6106, ADOPTED THE 27TH DAY OF AUGUST, 1937, BY INCREASING THE FINE FOR THE VIOLATION THEREOF TO $1,000; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 21. THIRD READING - ORDINANCE NO. 19499: CLOSING A PORTION OF WACO STREET FROM LIPAN STREET TO MESTINA STREET BETWEEN BLOCKS 26 AND 41, BLUFF PORTION; SUBJECT TO ANY ONE OF THE CONDITIONS LISTED IN THE ORDINANCE. The ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 22. THIRD READING - ORDINANCE NO. 19500: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND T & H DEVELOPMENT FOR THE ANNEXATION OF APPROXIMATELY 22.95 ACRES OF LAND BEING A PORTION OUT OF LOT 8, SECTION 19, BOHEMIAN COLONY LANDS, 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. Minutes Regular Council Meeting September 23, 1986 Page 11 The ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik and Strong voting, "Aye"; Pruet, "abstaining". 23. ORDINANCE NO. 19501: ANNEXING A 22.95 ACRE TRACT OF LAND OUT OF LOT 8, SECTION 19, BOHEMIAN COLONY LANDS, OWNED BY T & H DEVELOPMENT; 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". * * * * * * * * Mayor Jones called for consideration of the following item: 24. M86-0409: Approving the plans and specifications for the Water Garden and parking facility project in the Bayfront Arts and Science Park. Assistant City Manager Bill Hennings displayed a conceptual sketch of the water garden project and stated that the preliminary design was approved by the City Council some time ago. He stated that the City Council approved an increase in the project budget from $2 million to $2,147,000, of which the City is obligated to pay 50% and the Foundation for Science and Art is obligated to pay 50%; the plans and specifications have been completed by Wisznia and Peterson Architects; the City Charter requires that the plans and specifications be approved by the City Council before bids are received; and if the Council approves same, it will be the Staff's recommendation to advertise for bids with the bid opening date of October 29th, after a prebid conference on October 20. Mr. Hennings continued by stating that based on the current estimate, the City's share would be $1,268,000, an increase of $194,500 above the present commitment and that the City's portion will come from the Convention Center Bond Fund. Mr. Hennings cited several reasons for the increase in the amount of the project. Mayor Jones called for comments from the audience. Mr. Edwin Singer stated that the proposed Water Garden will be a worthwhile project because it will benefit the entire community; it is designed to expose everybody to the cultural institutes that are around it; and urged the Council's approval of the project so that they can move forward with their plans. Minutes Regular Council Meeting September 23, 1986 Page 12 Mrs. Patsy Singer, 3642 Aransas, expressed the opinion that this is a most exciting project; they discussed the possibility of eliminating some of the parking spaces to cut back on the increased cost; but could not envision eliminating things and having a worthwhile project on completion. Mrs. Singer urged the Council's approval on the project. Mr. Walter Wisznia, 3410 Ocean Drive, stated that they have worked on this project for many years; it is a most exciting project; the consultants who have been working on this have performed this kind of work throughout the Country and they have stated that this is one of the best projects they have worked on; and hoped that the Council will approve this concept. Council Member Slavik inquired if there would be adequate parking provided to serve the facilities in the area, and Assistant City Manager Hennings stated that there will be more than enough lighted parking spaces to serve the area. There were no further comments from the audience. A motion was made by Council Member Guerrero that the Council approve the Staff's recommendation, seconded by Mayor Pro Tem Best and passed unanimously. Mayor Jones called for consideration of Action by Ordinance from the Regular Agenda on the following item: 25. Second Reading - amending the Code of Ordinances, City of Corpus Christi, 1976 Revision, by adding to "Chapter 39, Personnel, Art. I, In General," governing political activities of City employees accept those otherwise regulated by State law. Council Member Berlanga stated that City Attorney Hal George had made a statement during the morning Workshop Meeting concerning the validity of a City employee running for office and whether or not he would have to resign from his position, and City Attorney George clarified that the statement was concerning whether a City employee would have to resign his position if elected to office, adding that he would provide a legal opinion in writing at a later date. There were no comments from the audience on the ordinance; City Secretary Chapa polled the Council for their vote and the following was approved: 25. SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1986 REVISION BY ADDING TO "CHAPTER 39, PERSONNEL, ART. I, IN GENERAL," A PROVISION GOVERNING POLITICAL ACTIVITIES OF CITY EMPLOYEES EXCEPT THOSE OTHERWISE REGULATED BY STATE LAW; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting September 23, 1986 Page 13 The ordinance was read for the second time and passed to its third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik and Strong voting, "Aye"; Pruet, absent at the time the vote was taken. * * * Mayor Jones announced the public hearing on two zoning cases: 26. Application No. 886-5, Smith and Clower: For a change of zoning from "A-2" Apartment House District with an "SP" Special Permit to "AB" Professional Office District on Lots 1, 2, and 3, Block I, Ocean View Addition, located on the southwest corner of Morgan Avenue and Ocean Drive. Larry Wenger, Director of Planning, stated that in response to the 8 notices of the public hearing, 4 in favor and 1 in opposition had been returned, and that the Planning Commission and Planning Staff recommend denial, and in lieu thereof grant a revised special permit for a non-medical office with the following five conditions: (1) that the driveway access to Ocean Drive and Morgan Avenue be prohibited, allowing alley access only and requiring that any existing driveways be closed; (2) that a 20' landscaped setback along Ocean Drive be provided within which parking will be prohibited; (3) that no freestanding signs be permitted; (4) that the City's parking requirement be met with no exception; and (5) that a 3' landscape screen be provided along Morgan Avenue. Mr. Wenger located 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 inquired about the number of stories high this building could be constructed under this recommendation, and Mr. Wenger replied that they plan a parking facility underneath the structure. Council Member McComb inquired about the reason for excluding non-medical office and Mr. Wenger replied that medical offices would require more parking. Council Member Slavik inquired about the number of office buildings that exist on Ocean Drive in that particular area and how the applicants propose to screen the parking. Mr. Wenger replied that the applicants propose a landscape buffer but that the top of the cars would still be visible from Ocean Drive and that this would be the only office building on Ocean Drive in this area. Council Member Berlanga inquired about the number of parking spaces required for this business, and Mr. Wenger replied that it would require a total of 36 parking spaces. Mayor Jones called for comments from the audience, and there was no response. .4inutes Regular Council Meeting September 23, 1986 Page 14 A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Strong and passed unanimously. Council Member Slavik inquired about the number of houses that are proposed to be demolished in order to accommodate this facility, and Mr. Wenger replied that three houses fronting on Ocean Drive and one in the rear will be demolished. A motion was made by Council Member Guerrero that the Council concur with the Planning Commission's recommendation, seconded by Council Member Strong. City Secretary Chapa polled the Council for their vote on the ordinance and the following was passed: 26. ORDINANCE NO. 19503: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SMITH AND CLOWER BY GRANTING A SPECIAL COUNCIL PERMIT FOR A NON-MEDICAL OFFICE BUILDING ON LOTS 1, 2, AND 3, BLOCK I, OCEAN VIEW ADDITION; 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". 27. Application No. 886-4, Mdlles. Marcia A. and Gloria I. Caravantes: For a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lots 9 and H, Block 2, Laughlin Addition, located on the southwest corner of Carroll Lane and Brawner Parkway. Mr. Wenger stated that in response to the 14 notices of the public hearing, 3 in favor and 3 plus 2 petitions with 48 signatures in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend denial. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity, stating that the requested zoning change would allow a business intrusion into an established residential neighborhood and that furthermore, business zoning is not appropriate at the intersection of a collector and local street. Mayor Jones called on the applicant to speak. Ms. Gloria Caravantes, 4202 Dayton Place, presented the Council with photographs of the property in question and showed their own personal slides of the vicinity. She stated that they are in the food catering business and the Minutes Regular Council Meeting September 23, 1986 Page 15 requested zoning change would allow them to operate from this location, an executive office, and a meeting room to be used only on reservation basis. She pointed out that the subdivision in which the property is located has no deed restrictions and that it is their desire to purchase a location rather than lease because unlike many other business, a lease termination would prove to be very costly for them. She expressed the opinion that no additional traffic will be generated; there are no school crossings at the corner of the property to be purchased; and that a large part of their business will be on weekends only. Ms. Caravantes stated that the person circulating the petitions resides eleven houses down from Carroll and Brawner Parkway and that the petitions contained signatures from people residing beyond Brawner Parkway and Kostoryz Street. She continued by stating that when calling on persons that had signed the petition, she had found out that people had been misinformed about the type of business that is being proposed at the subject property. Ms. Caravantes presented the Council with a letter from a person who had signed the petition who had reversed her decision. She further stated that they feel very strongly that the business project is compatible; they have no intention of being an intrusion into the neighborhood; and expressed appreciation to the Planning Staff and City Secretary's Office for their assistance in providing them with information. Council Member Strong inquired of Mr. Wenger if there would still be any objection to this request if the application had come before the Council without the meeting room, and Mr. Wenger replied that there would still be objections to business use for the area. Council Member Strong inquired of Ms. Caravantes about the number of employees they now have, and Ms. Caravantes informed the Council that they do not have any people on the premise working at this time; they have been operating from other kitchens but need one of their own; and pointed out that estimated vehicle count of 182 vehicle trips per day has been estimated for another business that might be placed in case their business ceases to operate. Council Member Berlanga agreed with Ms. Caravantes' statement that people had been misinformed about the type of operation they propose. He stated that he had understood that the applicants would be catering to students in elementary schools. He expressed concern that this type of business would be an intrusion into a residential neighborhood but expressed the opinion that he did not see how this business could be a detriment. He stated that he felt he would be very much in favor of supporting their request. Council Member Slavik pointed out that the idea of a special permit was not even discussed during the Planning Commission Meeting and inquired as to the reason for this. Mr. Wenger informed the Council that the reason for this was because after reviewing the information that was presented, it was the Planning Commission's opinion that if the zoning were to be changed, this would set a precedent as this business would be a definite intrusion into a residential area; if the .4inutes Regular Council Meeting September 23, 1986 Page 16 special permit for the business use were approved, it is still a business use; the only way the Council could go with a special permit is to add other conditions to it; and the special permit would still be valid with the property for a catering use. Council Member Guerrero expressed the opinion in that a catering business is still considered a restaurant business because this type of business creates odors; trash accumulated will be the same as that of a restaurant; a meeting room is proposed for the property which generates traffic into a residential area; and this cannot be allowed in a predominantly residential area. Ms. Ellen Angel, Browning Brothers, displayed an artist's rendering of the proposed project and informed the Council that the existing structure would be renovated; provided the Council with the dimensions of the meeting room; there will be a small office and storage area; and also a garage on the property to store large tables, chairs, vehicles, etc. Ms. Frances Reeves, 1333 Cambridge Drive, urged that the Council consider their application and approve the requested zoning to permit the use of this property for the Caravantes' business. Ms. Linda Pyle, 5309 Bromley, spoke in favor of the application, stating that the proposed business would be an enhancement to the neighborhood and expressing the opinion that the traffic flow would not be increased because the receptions held in the meeting area would be for small groups only. Mrs. Sarah Nesbitt, 618 Meadowbrook, urged that the Council consider approving the application as the business would provide jobs for people who need the extra income such as herself and her family. In regard to Mr. Guerrero's concern about the odors and trash, Mrs. Nesbitt stated that there will not be any offensive odors that one can expect from a restaurant as such; food that will be prepared there will be primarily party food; and they are careful with their trash. She stated that the Caravantes' will be providing a meeting room at a reasonable price; the room will provide an entertainment atmosphere; and asked that the Council consider this application in a positive manner. Mr. Gary Pearce, 417 Santa Monica, stated that Gloria and Marcia Caravantes had begun their business on the conception of an idea that the catering business has become a need; they would like to own their on location and operate from that location; and the offer of the purchase of property will be accepted pending the zoning change. Mr. Pearce urged that the Council support the special permit to allow the applicants to proceed with their business. Mr. Paul Gary, 215 Mitchell, stated that he has known the Caravantes for quite some time. He expressed the opinion that any improvements to the property in question will be a vast improvement for the area; there are a number of junked cars in the area; and added that there are some nice houses around there but the property is an eyesore. He stated that he understood the Council's Minutes Regular Council Meeting September 23, 1986 Page 17 position in an attempt to maintain the residential zoning, but the business proposed will not be a restaurant but a catering business. Mr. Gary summarized by stating that he hoped the Council would consider voting in favor of the application. Ms. Gloria Caravantes spoke again and stated that she only wished that they had the time to contact all of the people who had signed the petitions, even though they did not live within the 200' area, and inform them of their plans. Mayor Jones then asked about the number of people in the audience in favor of the application, and about twenty people stood up. Ms. Margaret Russell, 74 Lakeshore, stated that she has known the Caravantes' for a long time; they are wonderful people; and expressed the opinion that any improvements the applicants will provide the area will certainly be enhancement. Mayor Jones then called for those who wished to speak in opposition to the application. Ms. Corina Gonzalez, 3430 Brawner, presented the Council with copies of the petition that had been submitted to the Planning Commission. She stated that the people signing the petition are the ones that will be directly affected if this application is approved. Ms. Gonzalez referred to the transparency and pointed out the area in which she had circulated the petitions. She expressed the opinion that the proposed change will be an intrusion into the neighborhood. She stated that if the Council allows the applicants to conduct their business at this location, they will be setting a precedent. She made the Council aware of the nearby school and stated that the reason the property had been for sale for a long time was because it was advertised for commercial use. Mr. David De Los Santos, 3529 Brawner, expressed the opinion that there are other locations where the applicants can establish their place of business. He stated that the property in question was being sold for $100,000 and concurred with Ms. Gonzalez that it was advertised for commercial use. He pointed out that the Circle K operation, which is near the proposed business, already has people that congregate in their parking lot to drink beer they have purchased there and expressed the opinion that this would only encourage those people to move into the proposed business parking lot. Mr. De Los Santos stated that he is concerned about this and the traffic that will be generated because most of the people that reside in the area have small children. Mayor Pro Tem Best stated that he felt the property is in poor shape and expressed the opinion that what the Caravantes' were proposing to do with the property would certainly be an improvement for the area and to Mr. De Los Santos' advantage as it would enhance the value of their property. Minutes Regular Council Meeting September 23, 1986 Page 18 Mr. De Los Santos replied that he had no problem with the property being sold if it were to be sold for residential use only. He expressed concern about the special permit use in case the catering business that is being proposed were to close. Mr. Jack Reichenstein, 3426 Brawner, expressed the opinion that the Council would be setting a precedent if the property is zoned for business. He pointed out several instances where requests had been denied for other uses in the area and hoped that the Council would not approve the application and allow the property to remain zoned for residential only. Council Member Berlanga inquired of Mr. Reichenstein whether his concern was mostly for the traffic or for devaluation of the property in the area, and Mr. Reichenstein replied that if the property were to be rezoned, it would be setting a precedent and would be that much easier for other property owners to ask for rezoning. Ms. Elizabeth De Los Santos, stated that she did not live in the neighborhood but did have four nieces and nephews who did; her concern is for the safety of the children; there will be some traffic generated; and that children have already been hurt. She urged that the Council not approve the application and that the property remain zoned for residential use. There were no further comments from the audience. A motion was made by Council Member Guerrero that the hearing be closed, seconded by Council Member Mendez and passed unanimously. Mayor Jones stated that he has driven by the subject property; this is a case of what is good zoning and what is not; and that in his opinion, the issue of placing a business of any kind in any parkway is wrong and he cannot support this. A motion was made by Council Member Guerrero that the Council concur with the Planning Commission's recommendation to deny Application No. 886-4, seconded by Council Member Mendez. Council Member Slavik stated that on the surface, this request looks like the applicants will be upgrading a home but the larger part is setting a precedent. She agreed that there are other areas that would be more suitable for this type of business and she would not encourage the Council to support this request. Council Member Mendez commended Ms. Caravantes for her presentation. He stated that the Council is dealing with an issue that is most unfortunate but the best way to handle this would be to not approve the proposed change. He expressed the opinion that this would be an intrusion into a residential area and there are other areas in which this type of business can be established; therefore, he would not support the request. Minutes Regular Council Meeting September 23, 1986 Page 19 Council Member Pruet indicated that he would not support the request because it would be an intrusion into the neighborhood. Council Member Berlanga agreed that this would be an intrusion into the neighborhood and had hoped that the Council could resolve this. He, too, indicated that he could not support the request. Mayor Jones called for the vote on the motion to deny the requested zoning and the motion passed unanimously. Mayor Jones then called for petitions from the audience on matters not listed on the agenda. Mrs. Marcella Brandon, 437 Sutton Lane, presented the Council with a petition signed by 121 residents of Stonegate Subdivision, petitioning the City of Corpus Christi to protect the citizens of this neighborhood from the dangers of speeding and reckless driving of vehicles on these neighborhood streets, and in particular, around the Stonegate Park area. She further recommended the intersection of Bonner and Sutton be converted to a three-way stop with cross -walk markers. A motion was made by Council Member Guerrero that the petition be received and the Staff be instructed to review and assign this to the Traffic Advisory Board, seconded by Council Member Slavik and passed unanimously. Mr. Charles D. Zeller, President of the Zeller Company, appeared before the Council expressing dissatisfaction with the manner conducted in the awarding of a contract two weeks ago. Mayor Jones informed Mr. Zeller that the City Council received a letter on this subject and had instructed the Staff to provide them with a report on this and that the City Council will have an opportunity to review the response before the contract is awarded. Council Member Guerrero suggested that the City Council contact Mr. Zeller to inform him when this matter will be discussed. * * * * * * * * There being no further business to come before the Council, on motion by Mayor Pro Tem Best, seconded by Council Member Mendez and passed unanimously, the Regular Council Meeting was adjourned at 4:45 p.m., September 3, 1986. RR Minutes Regular Council Meeting September 23, 1986 Page 20 I HEREBY CERTIFY that the foregoing 9.s a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of September 23, 1986, which were approved by the City Council on September 30, 1986. WITNESSETH MY HAND AND SEAL, this the Fig! Luther �iones, MAYOR wit day of Armando Chapa City Secretary City of Corpus Christi,Texas