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HomeMy WebLinkAboutMinutes City Council - 02/17/1987PRESENT Mayor Luther Jones Mayor Pro Ten Dr. Jack Best Council Members: David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 17, 1987 2:00 P.M. 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 Mr. Art Zeitler, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Mary Pat Slavik. City Secretary Armando Chapa called the roll and verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. A motion was made by Council Member Frank Mendez that the Minutes of the Regular Council Meeting of February 10, 1987 be approved as presented; seconded by Council Member Slavik; and passed unanimously. A Resolution proclaiming 1987 as the Year of the Aquarium was read by City Secretary Chapa following which the Resolution was passed by the following vote: RESOLUTION 19629: Resolution proclaiming 1987 as the Year of the Aquarium. MICROFILMED .iinutes Regular Council Meeting February 17, 1987 Page 2 The Charter Rule was suspended and the foregoing Resolution passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "aye." Mayor Jones presented the Resolution to Mr. Art Zeitler, President of the Texas State Aquarium Association and Mr. Zeitler expressed appreciation to all of the supporters of the Aquarium. Council Member Frank Mendez suggested that the architectural drawings of the Aquarium be displayed at the new Tourist Information Center in Nueces River Park. Mr. Bob Kipp, representing the Central Business District Association, accompanied by Mrs. Peggy Moore, Secretary, and Mr. Bruce Collins, Treasurer, presented a check to the City in the amount of $3,017.28, stating that it represents the power costs of the decorative lighting of the Harbor Bridge for December of 1986 and all of 1987. * * * * * * * * * * * * * A motion was made by Council Member Mendez that the Board & Committee Appointments listed on the Agenda be delayed. The motion was seconded by Council Member Guerrero and passed unanimously. Mayor Jones called for consideration of action of the Council from the Workshop Session on the following motion: M87-0066 Motion to establish a policy of the City Council to discourage funding requests until the new City Council has taken office, except for emergency items. A motion was made by Mayor Pro Tem Best that the foregoing motion be approved, seconded by Council Member Mendez and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Motions, Numbers 1 through 9. 1. M87-0057 Approval of specifications and authorization to receive bids for a supply agreement for potassium permanganate to be used by the Water Division. Funds were approved in the 1986-87 budget. Minutes Regular Council Meeting February 17, 1987 Page 3 2. M87-0058 Accepting the Water Transmission Main Casings installed under the Missouri Pacific Railroad Tracks; authorizing total payment of $40,559 to E.J. Stefek Company; and granting the contractor an 8 -day time extension due to material delivery delays. 3. M87-0059 Accepting the library casework portion of the Corpus Christi Public Library Furniture and Furnishings project, and authorizing final payment of $10,568.70 to the contractor, Library Bureau, Inc. 4. M87-0060 Authorizing the City Manager to execute a contract with Lorenzo G. Garcia for the salvage of materials from the City's landfills. 5. M87-0061 Authorizing acquisition of Parcel 10 located at the northwest corner of Padre Island Drive and Camron Street at a cost of $3,300 for the Padre Island Drive right-of-way acquisition project. 6. M87-0062 Amending Motion No. 86-0439, approved on October 21, 1986, for a bid award to plug and abandon oil and gas wells, by extending the deadline to August 31, 1987. 7. M87-0063 Scheduling a public hearing on the Amendments to the Master Drainage and Transportation Plans for Blanche Moore property, on March 10, 1987 at 6:30 p.m. in the Blanche Moore School Cafeteria, 5426 Williams Drive. 8. M87-0064 Approving appointment by the Landmark Commission of Joshua Thomas as non-voting youth advisory member of that Commission. 9. M87-0065 Approving a letter of agreement with Pleasure Pier Associates which is planning to reopen Captain Boomer's Restaurant to operate this facility as Corpus Christi Dockside Restaurant. Mayor Jones called for comments from the audience on the Consent Motions, and there was no response. Ainutes Regular Council Meeting February 17, 1987 Page 4 A motion was made by Council Member Guerrero that Items 1 through 9 be approved, seconded by Council Member Strong and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances and Ordinances from previous meetings on Items 10 through 18. Mayor Pro Tem Best referred to Ordinance No. 11 which authorizes an agreement for architectural services with Jack Rice Turner and Associates, Inc., and inquired if there was any problem in awarding a contract to Mr. Turner since Mrs. Betty Turner has announced as a candidate for Mayor. City Attorney Hal George explained that the contract with Mr. Turner will be executed prior to the election and it would be a valid contract. Mayor Jones called for comments from the audience on Ordinances 10 through 18. Mr. Henry Lyle stated that he lives at Lake Mathis; they have reviewed the Water Conservation Plan several times; they feel that it is a good plan; and expressed appreciation to the City Council members for allowing them to provide input because they felt that the plan is necessary in the event of a severe drought. There were no further comments on the Consent Ordinances; City Secretary Chapa polled the Council for their vote; and the following Ordinances were passed: 10. ORDINANCE NO. 19630: AUTHORIZING THE EXECUTION OF A CONTRACT WITH MAVERICK ENGINEERING COMPANY FOR THE DESIGN OF AGNES STREET FROM PORT AVENUE TO AIRPORT ROAD; APPROPRIATING $169,680; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 11. ORDINANCE NO. 19631 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JACK RICE TURNER AND ASSOCIATES, INC. FOR THE DESIGN SERVICES, PREPARATION OF PLANS AND SPECIFICATIONS, AND SERVICES THROUGH THE CONSTRUCTION PHASE FOR THE OSO RECREATION CENTER EXPANSION AND HEB TENNIS CENTER IMPROVEMENTS; APPROPRIATING $28,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." . tinu t e s Regular Council Meeting February 17, 1987 Page 5 12. ORDINANCE NO. 19632 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CHUCK ANASTOS/ASSOCIATES, INC., FOR THE DESIGN AND CONSTRUCTION DOCUMENTS FOR THE WILLIAMS DRIVE CLINIC EXPANSION; APPROPRIATING $10,300; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 13. ORDINANCE NO. 19633 AUTHORIZING REIMBURSEMENT IN THE AMOUNT OF $172,492.34 TO HENRY TUCKER FOR THE INSTALLATION OF 12", 16", and 20" DIAMETER WATER GRID MAINS; AUTHORIZING THE TRANSFERRING OF FUNDS INTO THE WATER GRID AND ARTERIAL TRANSMISSION MAINS TRUST FUND; APPROPRIATING $172,492.34; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 14. ORDINANCE NO. 19634 AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE IV, MISCELLANEOUS BOARDS, COMMISSIONS AND COMMITTEES OF THE CITY CODE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 15. ORDINANCE NO. 19635 AMENDING THE CITY CODE, ARTICLE X, DIVISION 4, SECTION2-274, OFFICERS, SO AS TO CHANGE THE METHOD OF APPOINTMENT OF THE SISTER CITY SUBCOMMITTEE CHAIRMAN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 16. ORDINANCE NO. 19636 AMENDING ORDINANCE NO. 19405 ADOPTING THE CURRENT CITY BUDGET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." .Minutes Regular Ccuncil Meeting February 17, 1987 Page 6 17. SECOND READING FINDING THAT THE PURPOSES OF THE COASTAL BEND HOSPITAL AUTHORITY HAVE BEEN FULFILLED AND TEAT IT IS IN THE BEST INTEREST OF THE CITY OF CORPUS CHRISTI AND ITS INHABITANTS THAT THE AUTHORITY BE DISSOLVED; AND PROVIDING FOR A VOIDANCE OF THIS ORDINANCE IN THE EVENT THAT ANY CLAIM AGAINST THE AUTHORITY IS PRESENTED SUBSEQUENT TO ENACTMENT OF THIS ORDINANCE SO THAT TILE AUTHORITY SHALL BE AUTOMATICALLY REINSTATED TO DEFEND SUCH CLAIMS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The Ordinance passed on its Second Reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 18. ORDINANCE NO. 19637: AMENDING THE CITY CODE, CHAPTER 55, UTILITIES, BY ADDING A NEW SECTION 55-156, WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The Ordinance passed on its Third Reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." Mayor Jones called for consideration of the Ordinance from the Regular Agenda on Items 19 through 22. City Secretary Chapa informed the Council that Ordinances 19 and 20 had been combined into one ordinance. Mayor Jones noted that this is the Ordinance calling a General Election on April 4, 1987 and informed the Council that it includes the item on the Homestead Exemption of $50,000 for disabled and persons over 65 years of age. Council Member Slavik expressed concern about having two items on the $50,000 homestead exemption, and Mayor Jones reminded her that it was the result of a motion that was passed by a majority of the members'of the City Council and the three advisory items were phrased this way in order to be legal. City Attorney George explained that there are two statutes that are applicable which are the election code and the tax code. He explained that once the City has been presented with a petition and it has been determined that it is legal, the City Council is obligated to list it on the ballot as a Yes or No, or For or Against, proposition. He stated that his understanding was that the Council wanted alternatives and if the Council wanted to put on another Yes or No item on the $26,000 homestead exemption, this could be done. He explained the consequences are that if the $50,000 homestead exemption failed, the Council could consider any of the three advisory propositions. Council Member Slavik again questioned the need to have the $50,000 even listed in the advisory portion, and Mr. George reiterated that this is what a maiority of the Council directed staff to list on the ballot. Ainutes Regular Council Meeting February 17, 1987 Page 7 Council Member McComb explained that he thought that the ballot could just list the three choices, but if Mr. George states that this is illegal, to avoid any confusion, he felt that they should withdraw the entire section 8 from the ballot because it would be confusing. A motion was made by Council Member McComb that Section 8 (listing the three advisory homestead exemption possibilities) from the Ordinance. The motion was seconded by Council Member Guerrero. vote: The motion to withdraw Section 8 in its entirety passed by the following Jones, Berlanga, Guerrero, McComb and Slavik voting, "Aye"; Best, Mendez, Pruet and Strong voting, "No." A motion was made by Mayor Pro Tem Best that an additional proposition offering a $26,000 homestead exemption for those 65 years of age or older and a $15,000 exemption for the disabled be placed on the ballot to be voted on yes or no. The motion was seconded by Council Member Mendez. Mr. George explained that if the $50,000 figure is approved by the voters and the $26,000 figure is also approved by the voters, in his opinion, the $50,000 figure would prevail. Council Member Pruet stated that he would like to see some case law on that opinion. He questioned the opinion of the City Attorney and requested additional information prior to the meeting next week. Council Member McComb pointed out that the Council is technically just calling the election; the Ordinance can be amended up until March 5, 1987; and he would prefer to wait on this issue until an additional legal opinion has been provided. Mr. George stated that he is very comfortable with his opinion, but he will research it further and provide an additional legal opinion. Mayor Pro Tem Best's motion to place a second proposition on the ballot failed to pass by the following vote: Best, Mendez and Pruet voting, "Aye"; Jones, Berlanga, Guerrero, McComb, and Slavik voting, "No"; Strong abstaining. There were no comments from the audience on this Ordinance. City Secretary Armando Chapa polled the Council for their vote and the following Ordinance was passed: ninutes Regular Council Meeting February 17, 1987 Page 8 19. ORDINANCE NO. 19638: & 20. CALLING A GENERAL ELECTION TO BE HELD ON APRIL 4, 1987 IN THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE ELECTION OF MAYOR AND EIGHT COUNCIL MEMBERS, ON AMENDMENTS TO THE CHARTER OF THE CITY OF CORPUS CHRISTI AS MORE FULLY SET FORTH ON FILE IN THE OFFICES OF THE CITY SECRETARY AND MADE A PART HEREOF BY REFERENCE AS IF COPIED VERBATIM HEREIN, AND TO ADOPT AN INCREASE IN THE TAX EXEMPTION OF THE RESIDENCE HOMESTEAD FOR INDIVIDUALS WHO ARE DISABLED OR AGE 65 OR OLDER; PROVIDING THAT THE ELECTION BE HELD JOINTLY WITH THE WEST OSO INDEPENDENT SCHOOL DISTRICT TRUSTEES ELECTION AND THE FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT TRUSTEES ELECTION; DESIGNATING POLLING PLACE LOCATIONS; ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 21. FIRST READING: AMENDING THE CITY CODE, CHAPTER 53, TRAFFIC, SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The Ordinance was passed on its First Reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." Mayor Jones called for consideration of Ordinance No. 22 and City Manager McDowell informed the Council that the West Side Little League had withdrawn their request for funds. Mr. Terry Dopson, Director of Parks and Recreation, explained that funds had been provided in the 1986 Bond Program in the amount of $100,000 to be distributed for youth sports fields. He explained that the Park and Recreation Board had received $892,000 in requests for the $100,000 allocation. He explained their methods of determining which organization should be provided the financial assistance. Mr. Dopson stated that the Staff concurs with most of the things recommended by the Parks and Recreation Board but there were one or two changes which they would prefer that the Council pass. Council Member Guerrero stated that the alternative recommended by the Staff seemed reasonable to him with the exception of the funding for the King High School Booster Club and the excessive amount of $17,000 for the Padre Little and Senior Leagues. He expressed the opinion that the funds should be evenly divided among all of the leagues. .9inutes Regular Council Meeting February 17, 1987 Page 9 Council Member McComb explained that Padre Little League and Senior League are in the process of constructing infrastructure which is really the City's responsibility; that is the reason for the recommendation for the allocation of $17,000. He recommended that it remain as it is; they may be receiving a disproportionate amount; but the Park Board heard all of the applications and he was of the opinion that the Council should approve the Park Board's recommendation. Council Member Strong pointed out that part of the funding included in the $17,000 is for the preparation of the field at Bill Witt Park and any changes are for the betterment of the entire park and the entire City. A motion was made by Council Member Guerrero that the Council approve the funding according to the recommendation of the Staff with the exception that King Booster Club not be included in the funding and that all of the groups be awarded an equal amount. The motion was seconded by Council Member Mendez. Mr. Guerrero indicated that he felt that this is a political issue and he objected to giving a southside league $17,000 whereas all of the other leagues will only receive $4,000 to $5,000. Mayor Jones called on members of the public to speak on this issue. Mr. Bill Thielhorn, representing the Padre Little and Senior League, stated that they are losing three fields; it will take more money to fill and prepare a field at Bill Witt Park; this is not a political issue; and he is speaking on behalf of about 600 children who will use the field. He stated that their field is located on Holly Road but their lease has run out and they are trying to raise funds to move to Bill Witt Park. Mrs. Janet Ballenger, representing Little Miss Kickball League, questioned why Padre League needs so much money. She explained that their fields are not ideal and they operate the best that they can on any field available. She explained that they intend to improve the drainage with the money allocated by this Ordinance. She agreed to the plan to award the money equally between all of the leagues. Mrs. Ballenger also noted that many of the leagues do not submit their proposals on time and urged that strict guidelines be established next year for the funding. Mr. Arturo Mendez, representing Universal Little League, agreed with equal allocations for all teams. Mr. Edward Reyes, representing the King High School Booster Club, noted that the plans for the funds they have requested are to install a fence on the baseball field. He stated that the high school team could use the field and it could be utilized by other leagues when the high school team is not practicing. ainutes Regular Council Meeting February 17, 1987 Page 10 Council Member Mendez inquired of Mr. Reyes if they had approached the school board to build the fence and Mr. Reyes stated that he had discussed it with the Athletic Department. Council Member Mendez expressed the opinion that this should be a function of the school district, particularly since it is on school property. Mr. Hopson pointed out to the Council that the City works very closely with the school district on facilities but noted that the public would have access to this field. Council Member Berlanga and Mayor Jones agreed that the school district has been very generous in allowing public use of their facilities. Council Member Guerrero stated that he would now like to amend his original motion to accept the Staff's recommendation in its entirety and including King High School Booster Club. Mr. Mendez stated that he had a problem seconding that amended motion unless King High School agrees to make the field available to the public when they are not using it. Mr. Al McCraigen, President of OSO Pony League, stated that the fence at King High School would eliminate five practice fields for their teams. He objected to the allocation of funds for the construction of the fence. Mayor Jones called for the vote on the motion to approve the Staff's alternate funding proposal and it passed eight to one. City Secretary Chapa called for the votes on the Ordinance as amended and it passed as follows: 22. ORDINANCE NO. 19639: AUTHORIZING THE EXECUTION OF AGREEMENTS WITH YOUTH SPORTS ORGANIZATIONS FOR FINANCIAL ASSISTANCE THROUGH THE YOUTH SPORTS ASSISTANCE PROGRAM; APPROPRIATING $100,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, Mendez, Pruet, Slavik and Strong voting, "Aye"; McComb voting "No." City Secretary Chapa reminded the Council of the Resolution that was posted as an emergency item to confirm appointment of Safety and Risk Management Director. He polled the Council for their votes and the following Resolution was passed: ainutes Regular Council Meeting February 17, 1987 Page 11 22a. RESOLUTION N0. 19640: CONFIRMING THE APPOINTMENT BY THE CITY MANAGER, PURSUANT TO THE CITY CHARTER, ARTICLE III, SECTION 3, DANIEL R. BLOSSER, AS DIRECTOR OF SAFETY AND RISK MANAGEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." Assistant City Manager Juan Garza provided background information on Mr. Blosser indicating that he had had extensive experience in Safety and Risk Management. Mayor Jones announced a ten minute recess at 4:05 p.m. Mayor Jones reconvened the Regular Council Meeting at 4:15 p.m. and recognized Mr. Charles Blum. Mr. Blum, Chairman of the Parks and Recreation Board, referred to the sports programs which had just been authorized financial assistance and stated that he did not object to the Ordinance as passed by the Council. He pointed out, however, that $4,000 was left over and suggested that since the City had requested that the Padre Little and Senior League move their field, that that amount be awarded to them. A motion was made by Council Member Strong that the additional $4,000 be allocated to Padre Little League for a total of $9,000. The motion was seconded by Mayor Pro Tem Best and passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet and Strong voting, "Aye"; Guerrero and Slavik absent at the time the vote was taken. It was noted that Ordinance No. 22 should be amended as directed by the Council with this motion. * * * * * * * * * * * * * Mayor Jones announced the public hearings on the following Contractual Annexations: 23. Contractal annexation of 3.37 acres of land out of Lots 17 and 18, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Yorktown Boulevard between Cimmaron Road and Bill Witt Park. Mr. Larry Wenger, Director of Planning, located the area noting that it is on the south side of Yorktown Boulevard at the east side of Cimmaron; the annexation is for future development of this tract which will be annexed as R -1B. He noted that utility services including water are available to the tract, but the developer does not intend to develop the property at this time. He stated that it is presently vacant farm land. ,inutes Regular Council Meeting February 17, 1987 Page 12 Mayor Jones determined that no one in the audience opposition to this annexation. A motion was made by Mayor Pro Tem Best that the seconded by Council Member Strong and passed unanimously. * * * * * * * * * * * * * wished to speak in hearing be closed, 24. Contractual annexation of 20,500 square feet of land out of Section 6, Flour Bluff and Encinal Farm and Garden Tracts, Boston Drive and approximately 1,300 feet south of Yorktown Mr. Wenger noted that this is actually just one-half of a Drive; the property to the north is being developed for the Parade of Homes; this annexation is just to allow completion of the street to make it all inside the city limits. No one spoke in opposition to this request. Lots 26 and 27, located west of Boulevard. street, Boston A motion was made by Mayor Pro Tem Best that the hearing be closed, seconded by Council Member Strong and passed unanimously. Mr. Wenger informed the Council that the First Reading of the Ordinances authorizing the contracts will be on the agenda the following week. * * * * * * * * * * * * * Mayor Jones announced the Public Hearing on three zoning applications. 25. Application No. 187-1, Mr. Daniel Chavana: For a change of zoning from "R -1B" One -family Dwelling District to "R -1C" One -family Dwelling District on Lots 37, 38, 39, and 40, Block 9, Steele's Addition, located on the northeast corner of Mary Street and Duncan Avenue. Mr. Wenger informed the Council that in response to the 56 notices of the Public Hearing that were mailed, three in favor and two in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend approval. He stated that the result of the rezoning will allow for two lots with zoning of "R -1C." Speaking on behalf of the applicant was Mr. Mark Ferris, Maverick Engineering, who stated that the lots are 25 feet wide; the applicant wants to replat four lots into two lots of fifty foot width and extending back 100 feet. He stated that is the reason they are requesting the zoning of "R -1C." No one spoke in opposition of this zoning application. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Strong and passed unanimously. _dnutes Regular Council Meeting February 17, 1987 Page 13 City Secretary Chapa polled the Council for their vote on the Ordinance to effect the zoning change and it passed as follows: 25. ORDINANCE NO. 19641 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF DANIEL CHAVANGA BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOTS 37, 38, 39, and 40, BLOCK 9, STEELE'S ADDITION, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R -1C" ONE -FAMILY DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik and Strong voting, "aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Mr. Wenger suggested that the following two applications, which are related, be considered simultaneously. 26. Application No. 187-2, Mr. Henry Tucker: For a change of zoning from "R -1B" One -family Dwelling District to "A -1A" Apartment House District on Tract 1, to "B-1" Neighborhood Business District on Tracts 2 and 4, and to "B-4" General Business District on Tract 3, Tract 1 being 15.06± acres, Tract 2 being 3.878± acres, Tract 3 being 7.58± acres, and Tract 4 being 4.03± acres, all Tract out of Lots 12, 13, and 14, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Yorktown Boulevard, east of the intersection of Dallas Street and a drainage ditch. 27. Application No. 187-3T, Mr. Henry Tucker: Amendment to the Zoning Ordinance. Amend Article 31, Newly Annexed Territory, by amending Section 31-5 setting forth a zoning classification of "B-4" General Business District and "B-1" Neighborhood Business District on 17.17 acres of land out of Lot 19-22, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Yorktown Boulevard, east of the intersection of Dallas Street and a drainage ditch. 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. He referred to Application No. 187-2 and stated that in response to the two notices of the hearing that were mailed, none in favor, and one in opposition had been returned and that both the Planning Commission and Planning Staff recommend approval of Tracts 1 and 4 and denial of Tracts 2 and 3 and in lieu thereof grant "AB" on Tract 2 and "B-1" on the east 430± feet of Tract 3 and "AB" on the west 210± feet of Tract 3. Mr. Wenger continued by referring to Application No. 187-3T, stating that it will be a pre -zoning request. He stated that in response to the three notices of the public hearing, none in favor, and one in opposition had _.inut e s Regular Council Meeting February 17, 1987 Page 14 been returned. He explained that the Planning Commission and Planning Staff recommend denial of all tracts and in lieu thereof grant "AB" on Tract 1 and 3 and "B-1" on Tract 2. He stated that the developer concurs with the recommendation of the Planning Commission and Planning Staff. Council Member Strong referred to the staff memorandum in regard to an inter -connecting street, and Mr. Wenger pointed out the planned street which will be one-half mile from an arterial street. Mayor Jones called on the applicant to speak. Mr. Ed Martin stated that they are willing to concur with the recommendation of the Planning Commission and Planning Staff. Speaking in opposition to the request was Ms. Kathy Harris, 7422 Bourget. She stated that she represents the Lakes Master Association. She pointed out that Yorktown is a residential street in that area as it enters the Lakes and her organization is concerned about more commercial development near their subdivision. Council Member Strong pointed out to Ms. Harris that Yorktown Blvd. is already designated as a six -lane arterial street on the Master Transportation Plan. Mr. Robert Pettigrew, representing Buckingham Estates, stated that he too is concerned but wants to be sure that the "R -1B" around the subject property is retained and not re -zoned because this is basically a residential area. Ms. Jane Schumacher, resident of Buckingham Estates, objected to having their security breached because they were not expecting commercial development in this area. She stated that they do not need any business in that area. Council Member Slavik pointed out that the arterial street has been included in the Master Transportation Plan for some time and any time an arterial street is on the plans, homeowners should be aware of that when they purchase property. Mr. Pettigrew spoke again and stated that Buckingham Estates was developed by John Tucker; the plans indicated tract 2 as being "R -1B" zoning; that portion was sold to Henry Tucker; and now something else is being built there. No one else spoke in regard to this zoning application. A motion was made by Mayor Pro Tem Best that the hearing be closed, seconded by Council Member Mendez and passed unanimously. City Secretary Chapa polled the Council for their votes on the ordinances and they passed as follows: dilutes Regular Council Meeting February 17, 1987 Page 15 26. ORDINANCE NO. 19642: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF HENRY TUCKER BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOTS 12, 13, AND 14, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A -1A" APARTMENT HOUSE DISTRICT ON TRACT 1, "AB" PROFESSIONAL OFFICE DISTRICT ON TRACT 2, AND "8-1" NEIGHBORHOOD BUSINESS DISTRICT ON TRACT 3; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 27. ORDINANCE NO. 19643: AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 A SUBSECTION SETTING FORTH ZONING CLASSIFICATION OF SAID AREA OF LAND DESCRIBED AS A PORTION OUT OF LOTS 19, 20, 21, AND 22, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "aye." * * * * * * * * * * * * * * * * * Mayor Jones called for petitions from the audience on matters not scheduled on the agenda. Mr. Earl Wilder, speaking on behalf of retired firefighters and widows of firefighters stated that they have formed a group called Old Smokies. He pointed out that they have spent most of their lives serving the citizens of Corpus Christi, yet their pensions are very low and some are as low as $50.00 per month. He informed the Council that the current active firefighters vote to increase their own pensions but they do not vote to increase the pensions of the already retired firefighters. He urged that something be done to assist the retired firefighters and widows of firefighters. Along this line, Mr. Wilder asked that the Council consider appointing a committee of Council Members or Staff to work with the active firefighters for the benefit of retired firefighters and widows of firefighters. He expressed the opinion that pensions for retired firefighters should be considered for increases the next time the firefighters vote to increase their pensions. Council Member Berlanga stated that he has always wondered why the active firefighters have not shared their pension fund with the old Smokies, and Council Member Mendez expressed the opinion that a committee should be formed to investigate the situation of the pensions for the retired firefighters. He then volunteered to serve on a committee to deal with this issue. minutes Regular Council Meeting February 17, 1987 Page 16 Assistant City Manager Bill Hennings explained that the State law provides that the benefits can only be changed by the Board of Trustees; they call an election for the members to vote; 80 percent of the members must vote and approve the change; and this kind of change has never been approved through those phases. Mayor Jones pointed out that the City needs to make it clear at the next negotiating session with the firefighters that they should deal fairly with the older, retired firefighters. Council Member Strong expressed the opinion that it would be appropriate for the Council to request Mr. Hennings to provide a report as to how the changes can be made to take care of the older firefighters, including changes in the State legislature. She noted that if this inequity is state—wide, now is the time to look into it. She stated that she would also like to see a committee appointed to investigate this matter. Mrs. Gwen Bryant, 502 Merganser, member of Citizens for Progress, stated that she is urging that people all over the city join them to increase the number of voters who are concerned and also stated that she hoped that the Council will approve the reinvestment zone plan for funding for the Aquarium and the addition to the Corpus Christi Museum to house the artifacts. Mr. Leon Perez, 904 Buford, requested additional lighting on Robert Drive in the area between Alameda and Harry. Mayor Jones requested a report from the City Manager on this. 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 meeting was adjourned at 5:22 p.m. on February 17, 1987. I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of February 17, 1986, which were approved by the City Council on February 24, 1987. WITNESSETH MY HAND AND SEAL, this the 01,3v3( day of M.4014.4 //r/7 . Armando Chapa, City Secret'"ary City of Corpus Christi, Texas Luther Jones, MAYOR I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of February 10, 1986, which were approved by the City Council on February 17, 1987. WITNESSETH MY HAND AND SEAL, this the Arli day of 4,4j( /1/7. 4,..,-S Armando Chapa, City Secretary City of Corpus Christi, Texas Luther Jo r , MAYOR