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
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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.
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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.
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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
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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.
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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- -
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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.
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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.
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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
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Regular Council Meeting
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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.
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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".
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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.
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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