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HomeMy WebLinkAboutMinutes City Council - 02/03/1987MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 3, 1987 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Dr. Jack Best Council Members: David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik *Linda Strong City Manager Craig McDowell City Attorney Hal George City Secretary Armando Chapa Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Ted Eaton, of Calallen Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by a Marine who was present in the audience. City Secretary Armando Chapa called the roll and verified that a quorum of the Council and the required Charter Officers were present to conduct the meeting. Mayor Jones called for consideration of the Minutes of the Regular Council Meeting of January 27, 1987. Council Member Mary Pat Slavik made a correction to the Minutes on Page 10, second paragraph, requesting that the words U. S. Fish and Wildlife Service be substituted in connection with the amount of water to be released from Choke Canyon. A motion was made by Council Member Frank Mendez that the Minutes referred to be approved as corrected, seconded by Council Member Leo Guerrero and passed unanimously. MICROFILMED .iinutes Regular Council Meeting February 3, 1987 Page 2 Mayor Jones presented a Certificate of Commendation to Col. Harry L. Corkill, U. S. Army Retired, who is the third Chairman of the Mayor's Committee on Veterans Affairs. He expressed appreciation to Col. Corkill for his work as chairman of that committee, and Col. Corkill in turn expressed appreciation for the commendation and for the experience of serving as chairman of the committee. He noted that thirteen ceremonies were conducted in the past year in Sherrill Park. Mayor Jones then introduced Maj. Al Cantu who is the newly elected chairman. Maj. Cantu then introduced officers who will serve with him on the committee and stated that they have nine ceremonies scheduled for 1987. Mayor Jones presented to Mr. Manuel Davila, Jr., of Radio Station KCCT, the following resolution expressing appreciation for their assistance with Operation Heat Help. RESOLUTION NO. 19620: COMMENDING KCCT RADIO STATION IN CORPUS CHRISTI, TEXAS, FOR THEIR OUTSTANDING EFFORTS IN COORDINATING AND SPONSORING A BENEFIT DANCE, "KCCT CONJUNTO CANONASO," TO HELP THE CITY'S GAS ASSISTANCE PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the resolution passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting "Aye"; Strong, absent at the time the vote was taken. Mayor Jones informed the members of the audience that the idea of Operation Heat Help was initiated by Council Member Guerrero; was put in effect four years ago; and the purpose is to assist lower income citizens to pay their excessive heating bills. He noted that the program has been very successful. Mayor Jones administered the oath of office to Mrs. Jefferine Lytle, new appointee to the Senior Community Services Advisory Board. Mayor Jones called for consideration of the Consent Motions, Items 1 through 6a. 1. M87-0039 Approving the purchase of two mobile radios based on the sole -source bid from Motorola C & E, Inc. of $14,135. The radio units will be used by the Fire Department EMS. Funds were approved in the 1986-87 capital outlay budget. ainutes Regular Council Meeting February 3, 1987 Page 3 2. M87-0040 Approving plans and specifications for the construction of the Flour Bluff Fishing Pier and authorizing receipt of bids on Thursday, March 5, 1987. This is an 11th Year Community Development Block Grant project. 3. M87-0041 Approving plans and specifications to construct sanitary sewers to serve the Riverside Park Subdivision and authorizing the receipt of bids on Thursday, March 5, 1987. 4. M87-0042 Awarding a contract in the amount of $69,696.90 to Sunbelt Demolishing Corporation for the demolition of the La Retama Library Building. Funds for this project have previously been appropriated from the 11th Year Community Development Block Grant Fund. 5. M87-0043 Awarding a contract in the amount of $37,696 to Perry Construction Company, Inc. for the extension of a 12" waterline along Road. Funds have previously been appropriated from the 10th Year Community Development Block Grant Fund for this project. 6. M87-0044 Accepting the Bayfront Auditorium Flooring Replacement project, and authorizing final payments of $8,433 to Carpet Services, Inc. for the carpeting contract and $1,637.50 to BCM Ceramic Tile for the porcelain tile contract. 6a. M87-0045 Motion to schedule public hearings on Charter Revision Commission for February 9 and February 16, 1987, at 7:00 p.m. Council Member Slavik referred to Item 2 and inquired if a permit had been received from the Corps of Engineers for this project, and Assistant City Manager James K. Lontos stated that it had not but this is just to authorize receipt of bids. Mayor Jones called for comments from the audience on the Consent Motions. Mrs. Marie Speer, 9320 S. Padre Island Drive, spoke in regard to Item 2 and stated that it was her understanding that funds had been found for the firelane in back of O'Neill Street. She urged that consideration be given to providing funds to complete O'Neill Street connection from Waldron Road to Flour Bluff Drive. Ainutes Regular Council Meeting February 3, 1987 Page 4 City Manager Craig McDowell explained that O'Neill Street was an item was on the Workshop Agenda for discussion by the City Council; time did not permit discussion; but the Staff recommendation contemplates extending O'Neill Street to Flour Bluff Drive. He stated that he felt that the City has sufficient funds for this extension. He explained further that $180,000 of the funds will be from the unallocated Street Bond Fund, and $120,000 will be from the Street Bond Fund. Mr. Lontos provided a further explanation by stating that the road to be constructed would be a 24 -foot wide County -type road without curbs and gutters; if City crews perform the work, it can be completed at an estimated cost of $300,000, and it can be extended all the way to Flour Bluff Drive. A motion was made by Council Member Joe McComb that Items 1 through 6a be approved; seconded by Council Member Mendez; and passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Slavik voting "Aye"; Guerrero voting "Aye" on all the items with the exception of Item 2, on which he voted "No"; Strong absent at the time the vote was taken. * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances and ordinances from previous meetings on Item 7 through 11. Council Member Slavik referred to Ordinance No. 10, closing and abandoning a utility easement in Club Estates Unit 3, and inquired if the City cannot do something to stop the large number of encroachments into the public right-of-way. She noted the frequency with which these occur and inquired if City boards or commissions could do something to assist the City with this problem. Mr. Lontos stated that Staff is attempting to find a solution to the continuing problem at this time; the City can ask the property owner to remove the encroachment from the easement, but this is a very difficult thing to do, and in this situation, the property owner would have to remove a swimming pool. He informed the Council that Staff is working on some type of policy that can be presented to the boards and commissions to ask for their assistance to help make the builders aware of the seriousness of this problem. Mayor Jones inquired if the public interest is protected if this item is approved, and Mr. Lontos assured him that it would be with the stipulations as listed. Mayor Jones called for comments from the audience. Mr. Roger Siddall, owner of the property, stated that he approached the City because he could not sell his home when it was discovered that his pool contractor built a swimming pool 3.5 feet into the 10 -foot wide utility .,inutes Regular Council Meeting February 3, 1987 Page 5 easement, and he has been attempting to work with the Engineering Department to resolve the matter. He stated that in the event he is unable to sell the house, he would like to have the hold -harmless clause removed because if the sale does not occur, it would be necessary to remove the hold -harmless clause and he would then have to remove the encroachment into the easement. City Attorney Hal George informed the Council that he could not recommend that the easement abandonment be approved without the hold -harmless clause which is needed to protect the City. Mr. Lontos explained that the ordinance will not be in effect until the property owner has complied with all of the requirements. He suggested the Council approve the ordinance and if the property owner does not comply with all of the stipulation, then the ordinance would not be in effect. City Secretary Armando Chapa polled the Council for their votes and the following ordinances were passed: 7. ORDINANCE N0. 19621 AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH SYNCOR INTERNATIONAL CORPORATION FOR THE FORMER TOURIST AND CONVENTION BUREAU BUILDING AT 613 SOUTH SHORELINE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Slavik voting "Aye"; Guerrero and Strong, absent at the time the vote was taken. 8. ORDINANCE NO. 19622 APPROPRIATING $4,000 FROM THE NO. 250 SANITARY SEWER BOND FUND FOR SUPPLEMENTAL FUNDING FOR FINAL PAYMENT TO THE CONTRACTOR AND FOR CONSTRUCTION INSPECTION SERVICES APPLICABLE TO GATEWAY PARK SUBDIVISION SANITARY SEWER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Slavik voting "Aye"; Guerrero and Strong, absent at the time the vote was taken. 9. ORDINANCE NO. 19623 REPEALING ORDINANCE NO. 19552 AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCELS 12 AND 15 FOR THE TURKEY CREEK DRAINAGE IMPROVEMENTS PROJECT AND TO ACQUIRE SAID PARCELS FROM THE OWNERS, MR. AND MRS. JAMES E. RUSSELL AND MR. AND MRS. JAMES H. RUSSELL; AND DECLARING AN EMERGENCY. .iinutes Regular Council Meeting February 3, 1987 Page 6 The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Slavik voting "Aye"; Guerrero and Strong, absent at the time the vote was taken. 10. ORDINANCE NO. 19624 CLOSING AND ABANDONING A FOUR -FOOT WIDE BY 27 -FOOT LONG PORTION OF THE 10 -FOOT WIDE UTILITY EASEMENT IN LOT 21, BLOCK 1, CLUB ESTATES UNIT 3, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Slavik voting "Aye"; Guerrero and Strong, absent at the time the vote was taken. 11. ORDINANCE N0. 19625 AMENDING ORDINANCE NO. 19602 WHICH CHANGED THE ZONING FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT UPON APPLICATION OF HOWARD C. WALKER BY CORRECTING THE LEGAL DESCRIPTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Slavik voting "Aye"; Guerrero and Strong, absent at the time the vote was taken. Mayor Jones called for consideration of action by motion from the Regular Agenda on the following item: 12. M87-0046 Amending the ordinance accepting the donation of the Jalufka House and approving a 20 -year lease agreement with the Czech Heritage Society of South Texas prior to third reading by accepting the donation effective upon passage of first reading on December 20, 1986. Council Member Slavik inquired about the consequences if the Czech Heritage Society fails to maintain the building as required in the agreement, and Mr. Tom Utter stated that they would lose the lease. He stated that this was the same type of lease that the City has with the other houses in Heritage Park; there would be no problem in having another group occupy the house; and he felt it was very unlikely that this group would fail to maintain the house properly. A motion was made by Council Member Berlanga that the foregoing motion be approved, seconded by Council Member Pruet, and passed unanimously.Jr-k- - .,inutes Regular Council Meeting February 3, 1987 Page 7 City Secretary Chapa polled the Council for their vote on the third reading of the ordinance and it passed as follows: 13. THIRD READING - ORDINANCE NO. 19626 ACCEPTING THE DONATION OF THE JALUFKA HOUSE, AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT OF THE JALUFKA HOUSE TO THE CZECH HERITAGE SOCIETY OF SOUTH TEXAS. The ordinance passed on third reading by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Slavik voting "Aye"; Guerrero and Strong, absent at the time the vote was taken. * * * * * * * * Public Hearings on Zoning Cases. 14. Application No. 1186-1, PJC Partnership: For a change of zoning from "R -1B" One -family Dwelling District and "B-1" Neighborhood Business District to "B-4" General Business District on a tract of land being Lot 1A, the South 10' of Lot 26, and the North 40' of Lot 27, Block 1, Koolside Addition, located on the northwest corner of Airline and McArdle Roads. It was recessed from January 27, 1987. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. He informed the Council that in response to the 18 notices of the public hearing, six in favor, five in opposition plus a petition with thirty-eight signatures in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend denial and informed the Council that the 20% rule is in effect. Mr. Wenger addressed the signs on the property and stated that five signs are located within the 20 -foot setback area on the Airline side and six free standing signs are located on the McArdle Street side. He also stated that the applicant plans to use the lot fronting on Dorothy Drive for parking. He noted also that the signs on McArdle exceed the "B-1" allowance for the size and number of signs, and stated that the requested change to "B-4" zoning would still not make the signs legal because they are in the 20 -foot right-of-way. He explained that the applicant plans to utilize the lot on Dorothy Drive for employee parking only. Mayor Pro Tem Jack Best inquired if this was the same application heard the preceding year in regard to employee parking, and Mr. Wenger stated that that was correct. Mr. Wenger further explained that two of the free-standing signs would be allowed according to the existing zoning on Airline and on McArdle. .iinutes Regular Council Meeting February 3, 1987 Page 8 Council Member Leo Guerrero stated that he is associated with Sunrise Mall Shopping Center; they do not need additional parking; they have no fear of competition from this shopping center; he will gain nothing by either approving or not approving this application; and it is the Legal Department's opinion that there is no need for him to abstain on consideration of this zoning application. City Attorney George further explained that unless Mr. Guerrero has determined that he would personally be involved in economic gain by the results of the zoning application, there is no need for him to abstain. Mr. Wenger continued his explanation by stating that he had discovered that permits for only three signs had been obtained from the Building Division. Council Member Guerrero commented that the Council has previously denied a request for a free-standing sign for an oil company a little further down Airline Road, and Mr. Wenger stated that that was correct. *Council Member Linda Strong arrived at the meeting at 3:08 p.m. Mr. Wenger reiterated that even if the Council grants a special permit for the continued existence of the signs, it would not resolve the legality of the signs because they are in excess of what is allowed in "B-4" zoning. Council Member McComb inquired about the reason for the application for "B-4" zoning since it would not be adequate zoning, and Mr. Wenger stated that Staff had discovered after their application was filed that more signs were in the setback than would be allowed in "B-4" zoning. Council Member McComb then referred to the lot on which they proposed to install a parking lot and inquired if their proposal contemplates having access from Dorothy Drive or from the shopping center, and Mr. Wenger replied that they plan to have access through Dorothy Drive. Council Member Strong noted that according to the support information that was presented to the City Council the preceding week, there seemed to be a legal question as to whether or not the signs were in conformance with "B-1" zoning. Assistant City Attorney Bob Coffin stated that Staff had examined the "B-1" sign regulations and that he reached the conclusion that there is some ambiguity as to whether the signing applies to one site or several buildings. He stated that Staff is of the opinion that the regulations are written in such ambiguity that the ordinance could be amended to re -write the "B-1" ordinance in regard to signs. Council Member Strong then inquired if each building was considered separately if the signs would be satisfactory, and Mr. Coffin stated that he would have to refer that to the Planning Commission. ,inutes Regular Council Meeting February 3, 1987 Page 9 City Attorney George stated that Mr.. Coffin is referring to the matter from a prosecution standpoint and noted that it could be difficult to prosecute. He stated that for that reason, the interpretations of the Planning Department should be noted even though the Legal Department feels that the ordinance is ambiguous. Council Member Slavik noted that even if the Council approved "B-4" zoning or a special permit, there would still be too many signs, and Mr. Wenger replied that the existing "B-1" zoning does not allow this many signs and the intent of the ordinance is that there would be a limitation on the size and height of the sign. Mr. Wenger also commented that this matter would not be before City Council if the signs had not been installed without a permit. Mayor Jones called on the applicant to speak. Mr. Bill J. Brown, 4745 Ocean Drive, manager of the property for Mr. Ray Peterson's children, stated that this shopping area consists of ten businesses, all of which are free-standing buildings. He then presented a petition to the City Council containing fifty-five signatures expressing support of the application from business owners, managers, and employees in the shopping center. He explained that they applied for "B-4" zoning on the advice of the Staff; even though they applied for "B-4" zoning, they would be satisfied with a special permit approving the signs presently located in the center; and secondly, they would like to have a special permit to convert the lot behind the shopping center to be used for an employee only parking lot. He explained that the individual owners were issued citations for the signs that were illegally installed in the 20 -foot setback. He noted that the signs had been in place since the shopping center was installed 12 years ago, but someone filed a complaint against the businesses. He presented for the Council's inspection renderings depicting the unique design of the center, and stated that there are architectural difficulties having signs attached to the face of the buildings. Mr. Brown continued by stating there is still some question as to whether the ordinance allows one sign per building or one sign per piece of property; therefore, they are not sure whether they are in violation or not. Mr. Brown then addressed the matter of the lot on which they wish to construct a parking lot, stating that it would be near Building No. 15 and will allow for fifteen parking spaces all of which will be used only for employees of the restaurant which is their anchor tenant. Mr. Brown addressed some of the concerns of the neighbors who were afraid of the establishment of a parking lot would create more traffic for the residents of Dorothy Drive, but noted that they will construct screening fences, add green area, and a sign would be installed limiting the use of parking for employees. He also pointed out that the property directly across the street does not face the subject property but actually fronts on Cordelia Street. Also speaking in favor of the application was Mr. Hank Nuss, attorney, who stated that his wife is one of the shopping center owners. 11e explained their aim was to establish an attractive neighborhood type of business atmosphere and ainutes Regular Council Meeting February 3, 1987 Page 10 informed the Council that they had received the Corpus Christi Beautification Award a few years ago. He pointed out that on the other three corners of the intersection are located very large shopping centers, and they only want a special permit for the employee parking lot and a special permit to allow the existing signs to remain since it is so difficult to locate the various business firms due to the configuration of the shopping area. Mr. Nuss summarized by urging approval of the special permit for the retention of the signs and another special permit for the installation of the parking lot. Also speaking in favor of the application was Mr. Ross Langham, Jr., managing partner of Catfish Charlie restaurant. He stated that his company had applied for signs that were installed advertising Catfish Charlie; they are very important to help customers find his restaurant; the restaurant relies heavily on tourist trade for their business; and it is difficult for them to find the building without the signs. He also stated that he employs forty-six people on different shifts; they require parking spaces; Dorothy Drive is protected from non -through traffic for large trucks; and there will be very little increase in traffic if the parking lot is approved. Speaking in opposition to the zoning application was Mr. Al Diemert, 5613 Kimbrough, who presented a petition containing fifty signatures expressing opposition to the zoning change, because it will open up Dorothy Drive to further business development. Mr. Jerry Silva, 1202 Dorothy Drive, stated that he owns the property next door to the subject lot that the applicant plans to convert into a parking lot. He presented photos of the area showing the poor drainage on his lot as a result of the construction of the shopping center. He stated that he was of the opinion that if this parking lot is allowed to be constructed, the drainage will be even worse. He also questioned how fifteen parking spaces could really help the restaurant and the shopping center. Also speaking in opposition was Mr. Jeff Pollack, 5725 Kimbrough, who expressed the opinion that they are being forced out of their neighborhood. He expressed the opinion that if this application is approved, other requests for business zoning will result. A motion was made by Mayor Pro Tem Best that the hearing be closed, seconded by Council Member Berlanga, and passed unanimously. Mr. Wenger stated that it will require seven affirmative votes of the Council to approve the ordinance granting a special permit or the requested zoning. Mayor Jones inquired about the action that could be taken to make the signs legal, and Mr. Wenger explained that since the "B-4" zoning would be inadequate, it would require "B-5" zoning or a special permit in lieu of "B-5" zoning. He stated that the applicant will have to apply for "B-5" zoning and have it approved, or a special permit in lieu of "B-5" zoning in order to retain all of the signs in existence. Ainutes Regular Council Meeting February 3, 1987 Page 11 Mayor Pro Tem Best expressed the opinion that this is an unusual situation and he would like to allow the signs to remain without the applicant having to go back through the planning process and paying an additional fee. A motion was made by Council Member McComb that since neither the Staff nor the applicant can determine exactly which signs should be allowed, he would like to direct the Staff to initiate another application for the property for "B-5" zoning for the signs with the understanding that the Council could grant a special permit for the existence of the signs in lieu of the "B-5" zoning. The motion was seconded by Council Member Strong; the motion passed unanimously. Council Member McComb noted that the property owner next to the lot proposed for a parking lot obviously has a major drainage problem and suggested that the developer of the shopping center should address that drainage problem if it was created by the establishment of the shopping center and might be aggravated by the installation of a parking lot. Council Member Guerrero stated that Staff has been working on the drainage problem on this lot for some time. A motion was made by Mayor Pro Tem Best that the "B-4" zoning for a parking lot be denied. The motion was seconded by Council Member Slavik. Council Member Strong expressed the opinion that an employee parking lot would not necessarily increase the traffic on Dorothy Drive. She agreed that some provisions need to be made to alleviate the drainage and this is something that the developers should resolve. Mayor Pro Tem Best pointed out that the Council has heard zoning cases from this area before and recently had a similar request from a beauty shop a little further down Airline. He stated that once this zoning is approved, it will create a "domino" effect for additional requests. He concurred that Mr. Silvas drainage problem should be resolved. Council Member Guerrero expressed concern about the drainage problem which has been referred to Staff and, hopefully, they are working it out. He agreed that the problem should be resolved in a few weeks, and he felt that a special permit would control the situation, and if the lot is ever used for anything other than parking for employees, it would revert back to "B-1" zoning. Mayor Jones expressed the opinion that the parking lot, if properly landscaped, would be an improvement of the property and he will vote against the motion to deny the request. The motion to deny the zoning request failed to pass by the following vote: Best and Slavik voting "Aye"; Jones, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "No". Ainutes Regular Council Meeting February 3, 1987 Page 12 A motion was made by Council Member McComb that the request for "B-4" zoning be denied but in lieu thereof that a special permit be granted for the installation of a parking lot on the lot on Dorothy Drive, subject to the submission of a site plan, subject to the drainage problem being resolved, and with the requirement that a sign be placed at the driveway cut prohibiting employees from making a right turn down Dorothy Drive. The motion passed by the following vote: Jones, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "Aye"; Best and Slavik voting "No". 15. Application No. 1186-5, Mr. Lawrence E. Lofton: For a change of zoning from "A-2" Apartment House District to "I-2" Light Industrial District on Lots 4 and 5, Block 2, Sunnyside Addition, located on the northeast corner of Winnebago Street and Lexington Avenue. Mr. Wenger informed the Council that in response to the 23 notices of the public hearing, 1 in favor and 12 in opposition plus 8 from outside the area of notification and a petition with 114 signatures in opposition had been received. He stated that both the Planning Commission and Planning Staff recommend denial and informed the Council that the 20% rule is in effect. 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 which included pictures of a number of junked cars on the subject property. He stated that the applicant is not the owner of the property; he has a contract to purchase the property; but Mr. and Mrs. Silva actually own the property. Speaking on behalf of the applicant was Mr. Charles Webb, attorney, who alleged that this area is really a heavy industrial area as is clearly depicted in the slides. He stated that his client was issued a citation for improper use of the property, and suggested that a special permit be considered if the applicant agrees to establish a more attractive piece of property. He explained that the applicant wants to construct a garage instead of a junk yard. Mr. Lawrence E. Lofton stated that he obtained a petition signed by 245 people who are not opposed to his operation on this property. He stated that he will install a screening fence around the property, and pointed out that this is his livelihood. Mayor Jones read from a Staff report the history of Mr. Lofton's roving salvage operation. Mr. Wenger injected that if Mr. Lofton wished to operate a garage, he could do so in "I-2" zoning, but a salvage operation would require "I-3" zoning. Mayor Pro Tem Best pointed out that Mr. Lofton obviously plans to fence in a salvage yard, not construct a building, and the zoning requested is inadequate anyway. Ainutes Regular Council Meeting February 3, 1987 Page 13 Council Member Mendez explained that the primary concern of this Council deals with code enforcement; a lot of people in this area are trying to improve their neighborhood; and he did not think that the Council should allow this type of operation for a salvage yard. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Pruet; and passed unanimously. A motion was made by Council Member Mendez that the request for zoning of "1-2" be denied; seconded by Council Member Pruet, and passed unanimously. 16. Application No.1286-2, Norton Street Church of Christ: For a change of zoning from "F -R" Farm -Rural District to "B-4" General Business District on Tract 1 and to "A-2" Apartment House District on Tract 2, Tract 1 being 2.33± acres, Tract 2 being 7.97± acres, both Tracts out of Lots 9 and 10, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, located on the west side of Rodd Field Road, approximately 640 feet north of Woolridge Road. Council Member Pruet stated that he will abstain from participating in the discussion of this zoning application and abstain from any votes taken. Mr. Wenger informed the Council that in response to 17 notices of the public hearing, 1 in favor and 3 in opposition had been returned. He stated that the Planning Commission recommends denial of the requested zoning, and in lieu thereof, that "R -1B" zoning be granted, but the Planning Staff recommends denial, and in lieu thereof, that "A-1" zoning be approved. He explained that the reason for the Staff recommendation is that "I-2" zoning exists to the north of this tract of land where a CP&L plant will be located and Staff is of the opinion that "A-1" zoning will provide the proper buffer. 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 called on the applicant or his representative to speak in regard to this application. Mr. Glen Hagler, 4010 Ramsey Street, stated that he is speaking on behalf of the congregation of the Norton Street Church of Christ. Mr. Hagler explained that they do not intend to construct a church facility here, but plan to sell the property at the highest and best zoning. He stated that the church would accept the zoning of "A-1" as recommended by the Planning Staff. No one spoke in opposition to the zoning request. ..inutes Regular Council Meeting February 3, 1987 Page 14 A motion was made by Mayor Pro Tem Best that the hearing be closed, seconded by Council Member Slavik, and passed unanimously. A motion was made by Council Member Guerrero that the Council concur with the recommendation of the Planning Staff and deny the zoning of "B-4", and in lieu thereof, grant "A-1" zoning on both tracts. The motion was seconded by Mayor Pro Tem Best, and passed unanimously by those present and voting with the exception of Council Member Pruet who abstained from discussion or voting. Mr. Wenger stated that the ordinance will be on the agenda next week. Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Marilyn Samson, 4834 Williams, requested that the Council conduct any public hearings scheduled on the extension of Corona Drive to Williams at Blanche Moore Elementary School in the evening. City Manager McDowell assured her that the Planning Commission is having a public hearing on that issue on Wednesday night, and following that, the City Council will set a public hearing in the neighborhood to be conducted in the evening. Mr. Roland Garza, 2504 Hulbirt, a former employee in the Gas Division, noted that the Council had received a status report on his employment in the Gas Division but he had not received a copy. He stated that Mr. Gene Clopton, one of his supervisors, was suspended for three days without pay for allegedly stealing. He questioned why this man was allowed to continue working. He explained that Mr. Frank Forbes, Director of Personnel, had informed him that day that Mr. Clopton received a suspension for only three days because he had been employed by the City for 15 years. He reiterated that he was not informed of the status report by anyone. He also urged that the City Manager give him a job in any City department, pointing out that he was honest and a good worker. Council Member Guerrero reminded the Council that they had listened to Mr. Garza's statement several times and at the time they were discussing civil service procedures, unions, etc., he was concerned then and is still concerned about all of the complaints that the Council does not hear. He expressed the opinion that the man who was stealing from the City probably should have been terminated, yet the Council is now being told that he was only suspensed for three days. Mr. Guerrero stated that this disturbs him very much because there are many employees who may be confronted with similar situations but because of a problem with articulation and courage to address the Council, the Council never hears about these things. He expressed the opinion that there is a attitude of the Council that they do not care enough about the City employees. Minutes Regular Council Meeting February 3, 1987 Page 15 Mr. Simon Chavez, addressed the Council in Spanish with City Secretary Chapa interpreting for him. He requested that the City establish a program to assist people 55 years of age and older in burial service, noting that the County provides a burial plot but it is not a very dignified service in that no caskets or amenities are provided. Mayor Jones requested a Staff report on State laws on this before the City becomes involved. He stated that he felt that there are other agencies more appropriate to provide funds. Council Member Berlanga stated that he has been working with Mr. Chavez on this matter and explained further that he wants assistance in establishing a program whereby funds could be made available for a decent burial, and Council Member Guerrero stated that there may be a strong lobby effort against such a practice by funeral homes. He stated that the County does not provide a casket or embalming for the citizens involved. City Secretary Chapa further explained that Mr. Chavez had informed him that they have formed an organization; he is chairman of the group; and they are actually requesting a grant for partial funding with matching funds to be provided by the family of the deceased. Council Member Strong stated that perhaps the staff can direct him to the proper agency. There being no further business to come before the Council, on motion by Council Member McComb, seconded by Council Member Strong and passed unanimously, the Regular Council Meeting was adjourned at 5:37 p.m. * * * * * * * * * * * * * A motion was made by Council Member McComb that the Council discuss items 6 and 7 from the Workshop Meeting and that the Board and Committee appointments be postponed until the following week. The motion was seconded by Council Member Strong and passed unanimously. During the Workshop session the Council discussed at length funding for the O'Neill Street extension. A motion was made by Council Member Strong that the City use $180,000 of unallocated street funds and $120,000 from the Street Bond Funds for the extension of O'Neill Street to Flour Bluff Drive; the moticn was seconded by Mayor Pro Tem Best and passed by the following vote: Jones, Best, McComb, Mendez, Slavik and Strong voting "Aye"; Berlanga and Guerrero voting "No"; Pruet abstaining. * * * * * * * * * * * * * .9inutes Regular Council Meeting February 3, 1987 Page 16 The Council then discussed increasing homestead exemptions from $18,000 to $26,000 for property owners over 65 years of age. A motion was made by Mayor Pro Tem Best that an item be placed on the agenda for the following Tuesday (February 10, 1987) to consider increasing the homestead exemption for citizens over 65 years of age from the existing $18,000 to $26,000, effective during the next budget year; the motion was seconded by Council Member Berlanga and passed by the following vote: Jones, Best, Berlanga, Guerrero, and Slavik voting "Aye"; McComb, Mendez, Pruet, and Strong voting "No." The Workshop meeting was adjourned at 6:40 p.m. I HEREBY CERTIFY that Minutes of the Regular Counc 3, 1986, which were approved WITNESSETH MY HAND AND Luther Jon s, MAYOR the foregoing is a true and correct copy of the it Meeting of the City of Corpus Christi of February by the City Council on February 10, 1987. SEAL, this the day of //d -440C1 111, . Armando Chapa, City Secretary City of Corpus Christi, Texas