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HomeMy WebLinkAboutMinutes City Council - 07/07/1987MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 7, 1987 9:00 a.m. PRESENT Mayor Betty Turner Mayor Pro Tem Mary Pat Slavik Council Members: David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Linda Strong Absent Frank Mendez City Manager Craig McDowell City Attorney Hal George Assistant City Secretary Dorothy Zahn Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. Assistant City Secretary Zahn called the roll and verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. The invocation was given by Council Member Pruet who also led the Pledge of Allegiance to the Flag of the United States. A motion was made by Council Member Pruet that the Minutes of the Workshop and Regular Council Meetings of June 30, 1987 be approved; seconded by Council Member Strong and passed unanimously. * * * * * * * * * * * * * Mayor Turner read a Resolution commending Ruben Bonilla for a successful 1987 LULAC National Convention, and Mr. Bonilla expressed ,his appreciation to the Council for their support. Assistant Secretary Zahn polled the Council for their votes; and the following Resolution was passed: MICROFILMED 4inutes Regular Council Meeting July 7, 1987 Page 2 RESOLUTION NO. 19825 RESOLUTION EXPRESSING APPRECIATION TO RUBEN BONILLA, CIVIC LEADER, ATTORNEY, AND LOYAL SUPPORTER OF THE CITY FOR HIS EFFORTS IN SELECTING THE CITY OF CORPUS CHRISTI, TEXAS, AS THE SITE FOR THE LULAC NATIONAL CONVENTION AND HIS EFFICIENCY IN ORGANIZING THE EVENT. The foregoing Resolution passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye"; Mendez absent. Mayor Turner then read a certificate designating Cindi Flynn as a Goodwill Ambassador for the City of Corpus Christi on her tour with the "Up With People" Program. * * * * * * * * * * * * * Mayor Turner referred to the Board and Committee Appointments. The following appointments were made by the Council: Animal Control Advisory Board Theresa Henkel Emengarde Sweeney Patsy Sparkman Food Service Advisory Council Ticia Hanisch John de Montel Private Industry Council Norma Bouillerce John H. Frederick Robert L. Trask Don Tyler Miguel Pro Joe McComb Nick Reyna Jimmy Price Jan Morena Citizens Advisory Health Board Roland Goertz Civil Service Board Juan Gonzalez Human Relations Commission Chris Adler Josh Taft Municipal Arts Commission Bryan Barrows Planning Commission Jo Ann Clayton -Reyna Building Standards Board Intergovernmental Comm. on Drug Jerry Garcia & Alcohol Abuse Gloria Gibney * * * * * * * * * * * * * Minutes Regular Council Meeting July 7, 1987 Page 3 Mayor Turner called for consideration of Consent Resolutions, Ordinances, and Ordinances from previous meetings on Items No. 1 through 10. Mayor Pro Tem Slavik questioned the ordinance approving a contract for engineering services with Shiner, Moseley and Associates to provide design services for the construction of Whitecap Boulevard. Mr. Lewis Lovelace, 1549 Casa Grande, referred to the Ordinance and stated that he had a question on the approval of this agreement; particularly, Section 18 in reference to possible future annexations, city services for Lake Padre Development, and the benefit to the taxpaying public. He expressed the opinion that taxpayers should not have to pay for improvements for the benefit of a developer. Mr. Lovelace then questioned the state law which specifies that twenty days must elapse after a public hearing on annexation before any action is taken. He, therefore, questioned the legality of the proposed action, and the process on the annexation of the property involved. In response to Mayor Turner's question, City Attorney Hal George explained that Mr. Lovelace is talking about a different issue and explained the procedure followed on contemplated annexation, noting that a calendar of events that tracks the state statutes and the City Charter 1s prepared before the public hearing on the annexation is scheduled. Mr. George then read a typical schedule. Mr. Lovelace expressed the opinion that the annexation procedures for the Lake Padre Development property were improper. Mr. George informed the Council that he will respond to the issue on the timing of the annexation, but the item being considered is proper in that it is being taken 180 days after the annexation of the property. Mrs. Reba Gray reminded the Council that citizens had voted on street improvements in the bond issue; she had learned from the Staff that Whitecap Boulevard is located in Flour Bluff; the citizens do not know what is going on; and pointed out that pavement of the street at its existing location is going to be torn up to help a local developer. She expressed the opinion that the boat pass may not really be opened, and if it is not, $650,000 will have been wasted. Council Member Strong responded to her comments noting that the issue that the Council is voting on today is a contract for engineering services for the design of Whitecap Boulevard which has already been approved by the City Council. Mr. J. E. O'Brien, 4130 Pompano, pointed out that on June 2, 1987, the City Council passed the agreement with Lake Padre; the local media did not think the issue was newsworthy; the Council later passed an Ordinance rescinding that Ordinance; and today an attempt is being made to rectify a mistake. He noted that the item under discussion is contingent upon the contract approved on June 2nd with Lake Padre and whether or not that was a valid action, and it is also jlinutes Regular Council Meeting July 7, 1987 Page 4 contingent upon the validity of the annexation of the property which was approved on December 30, 1986. Mr. O'Brien also questioned the timing which he contended is not in accordance with state law in that a publichearing must be held twenty days prior to initiation of annexation procedures. Mr. O'Brien continued by questioning the closing of Whitecap Boulevard and the schedule which was submitted with the Lake Padre contract which stated that if the Council does not close the street by June 30th, they have the option to terminate their agreement. He noted that they have not done so and questioned the effect that not having the closure completed by June 30th had on the contract. Council Member Rhodes inquired if the Council approves this agreement and the annexation referred to proves to be illegal, what effect this would have on the contract. Mr. George assured the Council that this contract does not depend upon the annexation. He expressed the opinion that the schedule followed in annexation procedures is in accordance with state law and questioned the reason that Mr. Lovelace and Mr. O'Brien are of the opinion that the schedule followed is incorrect. Mayor Pro Tem Slavik inquired if development does not occur on the island what would happen on this action today, and City Manager McDowell explained that it is in compliance with the approved plan for Lake Padre Development; the City Council approved the concept of the relocation of Whitecap Boulevard; the rec].oation would provide beach access, and it presents less damage to the wet lands. He also reiterated that it is in conformance with the plan approved by the City Council. Mayor Pro Tem Slavik then referred to Resolution No. 3 which authorizes the agreements with the State Department of Highways and Public Transporation relative to the City participation in the reconstruction of Padre Island Drive which includes construction of the Baldwin Farms Drainage outfall and the construction of a roadway illumination system along this section of Padre Island Drive. Mrs. Slavik asked for graphics or an explanation of this. Assistant City Manager Lontos explained that this is where the present expressway ends and extends to Highway 44. He explained further that the City's involvement is for curbs, gutters and sidewalks associated with the Baldwin Farms Drainage Outfall. Council Member Pruet stated that he will abstain from discussion on this item and will abstain from voting because of a conflict of interest. City Manager McDowell provided an explanation of Ordinance No. 4 which extends City defense and settlement indemnification to authorized volunteers. He explained that there are several volunteers with the Health Department and Civics who need this protection. Minutes Regular Council Meeting July 7, 1987 Page 5 Mayor Turner then called for a presentation on Ordinance No. 6 which is the first reading of a lease agreement with SINSAN, Inc. for the development of a recreational facility on Corpus Christi Beach Park. She noted that this involves forty acres owned by the city on which there has been no development or activity. She noted that the City had issued requests for proposals on development of this land. She then requested that one of the owners of SINSAN explain the project. Mr. Patrick Sanjenis, President of SINSAN, Inc., stated that they had responded to the proposals for the recreational facility on Corpus Christi Beach and that their proposal is for a water theme and RV park. He presented copies to the Council of their proposed plan and described the project. He stated that he and Mr. Robert C. Sinclair hoped to open the water theme park by spring break in 1988 and hope to start construction in October and complete it in March. Council Member Moss inquired about the length of time they plan to continue with this project, and Mr. Sanjenis assured the Council that they have spent a lot of time on the project; they definiteley plan to build it; they are residents of Corpus Christi and for that reason, they plan to develop a quality facility. Mr. Moss inquired if there is anything in this contract to prevent another company or organization from installing a similar facility, and Mr. Sanjenis replied that there is no competition clause; they are not afraid of competition; they will build it correctly; and the City of Corpus Christi is not large enough to support two water theme parks. City Attorney George interjected that this will be an exclusive lease for this particular location and the City would not be involved in a similar lease on other City property. An unidentified citizen in the audience inquired if this would create new jobs and if this theme park would be family oriented, and Mr. Sanjenis replied in the affirmative. Council Member Guerrero referred to Ordinance No. 9 which is the third reading repealing the requirement for the City Manager to have the Council confirm appointments of department and division heads. He expressed the opinion that the City Manager should at least make the City Council Members aware of his appointments to these positions and stated that he would like to be so informed. City Manager McDowell assured him that he had no problem with this. There were no further questions from the audience on the Ordinances. Assistant City Secretary Zahn polled the Council for their votes and the following ordinances were passed: [inutes Regular Council Meeting July 7, 1987 Page 6 1. ORDINANCE NO. 19826 AUTHORIZING THE EXECUTION OF A CONTRACT WITH SHINER, MOSELEY AND ASSOCIATES, CONSULTING ENGINEERS, FOR THE DESIGN OF WHITECAP BOULEVARD IN A NEW ALIGNMENT FROM SOUTH PADRE ISLAND DRIVE TO STATE PROPERTY; APPROPRIATING $65,500; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye"; Mendez absent. 2. ORDINANCE NO. 19827 AUTHORIZING THE EXECUTION OF A CONTRACT WITH HAAS PAVING, INC. FOR STREET IMPROVEMENTS TO CAMRON ROAD FROM PADRE ISLAND DRIVE TO FLATO ROAD; APPROPRIATING $175,491.04; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye"; Mendez absent. 3. RESOLUTION NO. 19828 AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE CONSTRUCTION AND ROADWAY ILLUMINATION OF PADRE ISLAND DRIVE FROM BUSH AVENUE TO NEAR AGNES STREET AND THE BALDWIN FARMS DRAINAGE OUTFALL NEAR BEAR LANE AND PADRE ISLAND DRIVE; APPROPRIATING $823,312. The foregoing Resolution passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Rhodes and Strong voting, "Aye"; Pruet Abstaining; Mendez absent. 4. FIRST READING AMENDING CHAPTER 39, PERSONNEL, SECTION 39-16, LEGAL DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES, SUBSECTION (A); PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its first reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye"; Mendez absent. 5. FIRST READING AMENDING CHAPTER 39, PERSONNEL, SECTION 39-16, LEGAL DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES, SUBSECTION (B) SO AS TO DELETE THE EXCLUSION OF PUNITIVE DAMAGES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting July 7, 1987 Page 7 The foregoing Ordinance passed on its first reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye"; Mendez absent. 6. FIRST READING AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH SINSAN, INC. FOR THE DEVELOPMENT OF A RECREATIONAL FACILITY ON CORPUS CHRISTI BEACH. The foregoing Ordinance passed on its first reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye"; Mendez absent. 7a. ORDINANCE NO. 19879 AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, DIVISION 16, AIRPORT BOARD, SECTION 2-175, MEMBERSHIP, SUBSECTION A; ADDING A NEW SECTION 2-176, DUTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its third reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye"; Mendez absent. 7b. ORDINANCE NO. 19830 AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, DIVISION 3, LIBRARY BOARD, BY ADDING A NEW SECTION 2-77, DUTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its third reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye"; Mendez absent. 7c. ORDINANCE NO. 19831 AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, DIVISION 2, PARK BOARD, BY CREATING A NEW SECTION 2-72, DUTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its third reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye"; Mendez absent. 8. ORDINANCE NO. 19832 AMENDING THE CITY CODE, CHAPTER 39, PERSONNEL, BY AMENDING SECTION 39-2, TO ESTABLISH A CLASSIFIED SERVICE AND EXEMPTIONS; CREATING A NEW SECTION 39-17, CIVIL SERVICE BOARD COMPENSATION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. Ainut e s Regular Council Meeting July 7, 1987 Page 8 The foregoing Ordinance passed on its third reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye"; Mendez absent. 9. ORDINANCE NO. 19833 AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, BY REPEALING SECTION 2-55, CONFIRMATION OF APPOINTMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its third reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye"; Mendez absent. 10. ORDINANCE NO. 19834 AMENDING CHAPTER 29, MUNICIPAL COURTS, SECTION 29-4, JUDGES, GENERALLY --OFFICES CREATED; SALARIES; QUALIFICATION; APPOINTMENT AND TERM; REMOVAL, SUBSECTIONS (c) (d), SO AS TO ESTABLISH QUALIFICATIONS FOR MUNICIPAL COURT JUDGES, ESTABLISH A TERM OF OFFICE, AND PROVIDE FOR APPOINTMENT BY THE CITY COUNCIL; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its third reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye"; Mendez absent. * * * * * * * * * * * * * Mayor Turner announced the public hearing on the Corpus Christi Policy Statements: An element of the Comprehensive Plan. Mayor Turner referred to a letter received from Jack L. Cooper speaking on behalf of the Del Mar Neighborhood Association in which he commended the City Planning Staff for their efforts in devising this plan, noting that Mr. Cooper approved of the plan and urged that the Council accept the Comprehensive Plan. Mr. Larry Wenger, Director of Planning, explained that this is a public hearing on the policy statements, including the policy statement addendum. He informed the Council that this process meets the City Charter requirement for creation of a Comprehensive Plan and stated that it is in accordance with the recently established City Council goals. He exlained that the document is divided into the following seven sections: Land Use, Annexation, Transportation, Economic Develoment, Public Services, Environment, and land Implementation. Mr. Wenger also assured the Council that the Planning Commission and Planning Staff have had a lot of public input and explained the various public hearings that have been conducted. He informed the Council that copies of the Minutes Regular Council Meeting July 7, 1987 Page 9 prososed policy statements had been sent to over 100 different agencies; the Planning Commission requested that it be redrafted in accordance with some of the comments that were received; and the document that is before the Council includes those changes. He stated further that on May 20, 1987, another public hearing was conducted on the changed policy statements at which time the Planning Commission made additional changes which are indicated in blue in the document. He stated that City Staff recommends approval of this document, and following such approval the Staff will prepare development plans for twelve different areas of the City. Mayor Turner expressed her appreciation for the work of Larry Wenger and his Staff and inquired as to when he anticipates completing the entire document. Mr. Wenger replied that they will attempt to achieve the Council's goal of December of 1989. He stated that they plan to present all aspects of the plan to citizens at public hearings in the twelve areas. Mr. Wenger then introduced his Staff members who had assisted him on this; Mr. Bob Payne, Senior Planner and Fernando Rodriguez who worked on the plan. Mayor Turner referred to a letter received from the Transportation Advisory Board in which they had requested a change and inquired if Staff had received a copy of that communication, and Mr. Wenger stated that he did. He explained that they had studied that and the policy statement does have a process for studying traffic impact analysis. He stated that all modes of transporation including water transportation, buses, etc. are dealt with. Mayor Pro Tem Slavik referred to Page 17, paragraph d, referring to new development and stated that she would prefer the original wording rather than deleting the phrase "and discourage development in those areas which bypass suitable areas." Mr. Wenger expressed the opinion that the matter is very well covered and explained that there are pockets of areas that do not develop for one reason or another, and just because those land owners do not wish to develop, he did not feel that the City can force those land owners to develop their land and it may be feasible to go beyond a particular area to develop land on the other side of it. He noted that the amended version urges development but allows for development if City can provide services economically. Mrs. Slavik stated that she still feels be annexed and developed. Mrs. Slavik then referred to Page 40, networks and objected to the deletion portion prefers the original statement which required impact analysis should be adopted. Mr. Wenger stated that this document is a guide and the Staff feels that Ordinances will have to be adopted anyway. that only contiguous areas should paragraph a, in regard to road of the sentence, stating that she that Ordinances requiring traffic Minutes Regular Council Meeting July 7, 1987 Page 10 Council Member Pruet referred to page 17 and stated that he felt that the deletion was logical and he was sure that it was suggested because there have been many situations where contiguous development just does not occur for one reason or another. Mr. Wenger continued his explanation by informing the Council that Staff had recevied comments from five organizations on the entire document including Corpus Christi Chamber of Commerce, Corpus Christi '90 Task Force, Corpus Christi Council of Neighborhood Associations, Builders Association of Corpus Christi, and Del Mar Neighborhood Association. He explained that they had set up a committee of representatives of those groups and they covered the document thoroughly, and after meetings with the representatives, a consensus of support was reached from those organizations even though the completed document did not totally reflect with everything they wanted changed. Mayor Pro Tem Slavik returned to the question on Item d on Page 17 and suggested that the following wording be included: "and to encourage contiguous development whereever possible." Mr. Wenger indicated that he had no problem with that. Council Member Rhodes referred to Page 29 and questioned the deletion of the following: "narrow commercial strip development along arterials shall be discouraged instead," and Mr. Wenger explained that on Page 46 the method of establishing commercial strip developments is addressed. Assistant City Manager Elizondo pointed out that on Page 92 there is a statement on contiguous development. Council Member Moss expressed concern about the traffic impact analysis which does not seem to be in compliance with the suggestions made by the Transportation Advisory Board, and Mr. Wenger reiterated that although the item does not include language requiring the City to adopt traffic impact analysis ordinances, it does not preclude the City from doing so since the statement that traffic impact analysis should be included in the planning process is included in that item. Mayor Pro Tem Slavik referred to Page 113 and questioned the reason for the deletion of policy A pertaining to energy conservation provisions through specifications of the Southern Standard Building Code. Mr. Wenger explained that the building code cannot promote energy conservation because they are not in accordance with the standards of building; however, Staff felt that they could adopt this to promote conservation measures. He also referred to Page 106 where the objectives of environment and energy conservation is addressed, but reiterated that it should not be addressed by the building code. Council Member Pruet stated that in reading the minutes of the Planning Commission hearings and after studying the completed document, it was his 4inutes Regular Council Meeting July 7, 1987 Page 11 opinion that this is one of the most outstanding compromises ever worked out. He expressed appreciation to all of the individuals and organizations who worked with the Staff on this document. He noted also that so many times the only element of planning that is left out is implementation, and he inquired if any consideration has been given by the public in general or the Staff as to how the City progresses from policies and plans to implementation. He suggested that one of the problems could possibly be the changes in makeup of the City Councils and inquired if there has been any consideration to make this plan available to the public following which a referendum on adopting a Master Plan for Corpus Christi could be conducted which would prevent changes in direction even if Councils and City Managers change. Mr. Wenger stated that the first step is for this document to be approved and implementation could include zoning and other elements such as transporation plans, etc. He stated that as far as a referendum for adoption is concerned, he was of the opinion that the citizens had approved this because this was included in the adoption of the revised City Charter which he considered to be a mandate. He stated that according to the City Charter, every five years the Staff is required to review the comprehensive plans. He noted that this will be a working document and as things change, this plan and the twelve area plans will be changed as well. Mayor Turner then called for comments from the public on the policy statements. Mr. Jack Dumphy, 805 St. Laurent, stated that he was the Chairman of the local Governmental Affairs Committee for the Chamber of Commerce. He presented a letter to the City Council which stated that the Executive Committee of the Chamber of Commerce wholeheartedly endoresed the plan. Mr. August Meinrath stated that he was unable to attend the public hearing conducted on this subject on March 20th, and his general criticism is that rather than being a document which is a compromise between neighborhood groups in the building industry, policies should have been based on what is best for the entire City. Mr. Meinrath continued by providing comments on various chapters with suggestions for either emphasizing policies or including additional policies. (A copy of Mr. Meinrath's written comments is on file in the Office of City Secretary). Mr. Lou Donohoo spoke on behalf of the Transporation Advisory Board and stated that they were a little concerned about the traffic impact statement previously mentioned. He stated that basically they received approval on it but they would still like to include the statement that this traffic study should be required and not use the word "considered." Mrs. Peggy Clarke, Corpus Christi '90 Task Force, expressed the opinion that this comprehensive plan is very timely and she was glad to be a part of its Minutes Regular Council Meeting July 7, 1987 Page 12 preparation. She complimented the Staff for working so well with the various organizations and urged adoption of the plan which should be followed for many years without change. Mr. Jim Thompson, Director of Corpus Christi Arts Council, stated that he had enjoyed working with the Planning Staff and Planning Commission on this document and urged approval of it. Mr. Joe Garcia, Member of the Planning Commission, urged adoption of the policy statement. He stated that he agreed that there are some statements that everyone will not concur with, but they had to work with many groups and they tried to coordinate their concerns. He noted that in the future, there may be refinements that need to be made and commented that it is a process that will change as necessary. He agreed that there is a great deal of work to be done on the planning processes and the platting processes. Dr. Miriam Wagenscheim stated that she had served on the Corpus Christi '90 Review Committee and on the Corpus Christi Counsel of Neighborhood Associations, both of which support approval of this document because they support planned cost effective growth for the City of Corpus Christi. She stated that they questioned some of the late changes made by the Planning Commission, and expressed the opinion that the word "contiguous" should be included on Page 17 to prevent leapfrogging development. She also stated that on Page 29 the reference to narrow strip center development which is to be discouraged should be allowed to remain. She also expressed support of the recommendation of the Transportation Advisory Board. Dr. Wagenscheim referred to Page 122, Pagragraph a, and suggested that the word "strengthen" should be used instead of "modernize." Mayor Turner agreed that the word strengthen should be added to Item a on Page 122. Council Member Strong referred to Page 47 and questioned the requirement for medians on six -lane streets and noted that this might not be feasible in certain traffic situations in which more lanes could be utilized for heavier traffic. Mr. Tom Stewart, Director of Transportation, explained that the median can be a raised median or a flat median, noting that the center left turn lane has been very effective. Council Member Strong expressed the opinion that it would be good to have the flexibility of changing the lanes and urged that a raised median not be specified. Mayor Turner pointed out that the ordinance being considered today is first reading and she would like input from Mr. Stewart on several questions raised in regard to traffic. Minutes Regular Council Meeting July 7, 1987 Page 13 Mr. Shawn Bodine, President of the Builders Association, thanked the City Staff for their cooperative efforts and expressed appreciation noting that the current draft is a vast improvement over earlier versions. Mr. Bob Shattuck, Executive Vice President of the Builders Association, referred to the issue of including the encouragement for contiguous development. He stated that they have no problem with that at all even though they recommended a wording change which is included on Page 92. In response to Mayor Pro Tem Slavik's question about the addition she had suggested, "to encourage contiguous development whereever possible," Mr. Shattuck stated he had no problem with that. No one else spoke in regard to this item. A motion was made by Council Member Pruet that the hearing be closed; seconded by Mayor Pro Tem Slavik and passed unanimously. Assistant City Secretary Zahn polled the Council for their vote and the following Ordinance was passed on first reading: 11. FIRST READING ADOPTING THE CORPUS CHRISTI COMPREHENSIVE POLICY STATEMENTS AS DESCRIBED IN THE DOCUMENT TITLED: CITY OF CORPUS CHRISTI POLICY STATEMENTS: AN ELEMENT OF THE COMPREHENSIVE PLAN The foregoing Ordinance passed on its first reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye"; Mendez absent. * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 12 which was tabled from last week pertaining to the trip to Yokosuka, Japan. Jesse Smith, 122 Riverdale Drive, Representative of the Pearl Harbor Survivers Association, referred to certain companies in Japan which have an undue influence on economic environment in the United States. He urged that the Mayor and members of the Council, on their trip to Japan, refrain from urging and creating an atmosphere of acceptance of any further oriental business into our economic development in the City of Corpus Christi and the United States. J. E. O'Brien, 4130 Pompano, representing the Executive Committee of the Taxpayers Association, stated that at their last meeting the members voted to support the Mayor as the official representative on the trip to Yokosuka, Japan, or her designee, if she is unable to go. He questioned what good the City Manager will do in Japan; he referred to the City Council budget; and inquired Minutes Regular Council Meeting July 7, 1987 Page 14 how many spouses are going on the trip. He inquired about the total number of people going to Japan; he questioned the expenses of the trip and inquired as to who is going to pay the bill. He then stated that a clear cut policy on travel expenses is needed. Robert J. Reyna, 1821 Rosalyn Drive, stated that he is opposed to five or six people going to Japan; it should be the Mayor or her designee; he doesn't like the idea of not knowing where his tax money is being spent. Dr. Howard Tirschwell, Chairman of the Sister City Steering Committee, stated that he had just received clarification from the Japanese people as to who they they are going to accommodate from our City, and he will forward it to the Council. He noted that he has been able to obtain four tennis players who will pay their own way, and that the TRA local area will pay for the food coordinator to go. He stated that he is trying to raise the funds for the other people to go. City Manager McDowell made the clarification that the City of Yokosuka, Japan has extended an invitation to five dignitaries or three couples. He then recommended that the Mayor and the other members of the City Council who have expressed a desire to go should be the five people to attend, in addition to eleven other delegates. Mayor Turner noted that the Council needs a clear cut travel policy and mentioned that Council Members Guerrero and Rhodes are in the process of devising one. She stated that the City should be run like a business; each Council Member should have their own small travel allowance budget, and they should be responsible and assure that the money is used in the public's interest, and it should be their decision as to how they use it. Council Member Pruet stated that he regrets this issue has been taken in the position it has by the public. He stated that he regretted that there is a perception by some on the Council that taking an economic development trip affects how many library books go into the library, and stated that it is not a fair comparison; he would hope that we look at issues and expenditures and travel based on its merit and the good for the City. Mr. Pruet then made a motion designating the Mayor, the City Manager and a representative from the Sister City Committee to be the designated people for the trip to Japan. The motion died for lack of a second. Council Member Strong referred to other cities' policies and the time and effort that is put into economic development. She stated that the competition is tough; we cannot sit back and wait for business to come to us; the commitment has been made by the City to attend the conference in Japan; she thinks it is important that elected officials be part of the delegation to go. She noted that the following people should go to Japan: the Mayor, Council Member Mendez, who is the Economic Development Liaison; Council Member Berlanga, who is the Sr. Statesman for the City; Mayor Pro Tem Slavik, because of her interest in 1inutes Regular Council Meeting July 7, 1987 Page 15 International Trade; and Council Member Pruet because of his economic development talents. Mrs. Strong then made a motion that the five aforementioned Council Members all go to Yokosuka as part of the plan that has already been committed. The motion was seconded by Council Member Berlanga. Council Member Berlanga stated that he regretted that erroneous statements have been made concerning the trip, and that on any trip the Council has gained and has brought back useful information that benefits the City. He stated that he did not think the Council needs a travel plan, and that the travel appropriations that are in effect have been working. He pointed out that grown people should use their own judgement, and to respect the dignity of each individual. Council Member Rhodes noted that we are talking about two things; one, who are we going to designate as the five dignataries, and that she would support that the Mayor and other Council Members who want to go would be those that are designated by the Council; as far as the travel, she stated that there is no travel policy, and if the individual Council Members want to go and bill the City, it is up to them; as far as spouses, they should not go at the City's expense. Council Member Strong reworded her motion that the Mayor and the four Council Members that are designated to go to Japan, and that if they choose to bill the City that it comes out of the travel budget that is so set aside for the Council travel. Council Member Guerrero stated that if a Council Member is going to go, they are going to bill the City; if they go it needs to be publicly stated whether the taxpayers will pick up the tab or not. More discussion followed, and City Manager McDowell reiterated that the Japanese will assume the expense for five dignataries or three couples. Mayor Turner called for the vote on the motion which passed as follows: Turner, Berlanga, Moss, Rhodes and Strong voting, "Aye." Guerrero voting, "No"; Slavik and Pruet, abstaining; and Mendez absent. (M87-0255) City Manager McDowell stated that funds for the trip are available either in the Council travel budget or the Sister City budget. * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 13 and opened the public hearing pertaining to the amendment to the Platting Ordinance regarding Park Dedication Requirements. Minutes Regular Council Meeting July 7, 1987 Page 16 Larry Wenger, Director of Planning, stated that the Staff has been working with developers and builders to work together in providing neighborhood parks in newly developed subdivisions; the amendment will allow deviations from the normal required five percent land dedication; it will allow a cash settlement for development of an adjacent park; it requires that the cash be paid within a period for four years; it allows for the developer to improve the park; and it provides that the City would improve the park in conjunction with the improvements made by the developer. There were no comments from the audience. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Strong and passed unanimously. Assistant City Secretary Zahn polled the Council for their votes; and the following ordinance was passed: 13. ORDINANCE NO. 1935 AMENDING THE PLATTING ORDINANCE, SECTION IV, DESIGN STANDARDS, SUBSECTION G, PARKS AND PLAYGROUNDS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Rhodes and Strong voting, "Aye;" Pruet abstaining; Mendez absent. * * * * * * * * * * * * * A motion was made by Council Member Guerrero to recess the meeting at 12:33 p.m.; seconded by Council Member Strong and passed unanimously. * * * * * * * * * * * * * Mayor Turner reconvened the meeting at 2:00 p.m., referred to Item No. 14 and opened the public hearing on the following zoning case: 14. Application No. 587-4, Texaco Refining and Marketing: For a change of zoning from "B-1" Neighborhood Business District to "B-3" Business District, Block D, Carroll Woods No. 2, located on the northeast corner of Weber and Holly Roads. Mayor Turner noted that both the Planning Commission and Planning Staff recommend approval of the zoning application. John C. Parson, 4105 Montego, stated he has a home behind the Texaco Station and asked for some details regarding this case. Minutes Regular Council Meeting July 7, 1987 Page 17 Larry Wenger, Director of Planning, pointed out that this application has been filed for a zoning change to allow the applicant to put in a larger sign than is allowed on the "B-1" zoning. Mr. Parson stated that the station had been there twenty years, and noted that a sign would hurt the residential area. William King, Manager of the Texaco Station, stated that the station lost forty square feet when the sign was moved back; they need a larger sign; and it will not interfere with anything. Mayor Turner noted that 12 notices were mailed to property owners within a 200' radius and none were returned in favor or in opposition. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Strong and passed unanimously. Assistant City Secretary Zahn polled the Council for their votes; and the following ordinance was passed: 14. ORDINANCE NO. 19836 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF TEXACO REFINING AND MARKETING BY CHANGING THE ZONING MAP IN REFERENCE TO BLOCK D, CARROLL WOODS NO. 2 FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-3" BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye"; Mendez absent. * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 15 and opened the public hearing on the following zoning case: 15. Application No. 587-3, Corpus Christi Development Corporation: For a change of zoning from "R -1B" One -family dwelling District to "R -1C" One -family Dwelling District on 19.55± acres out of Lot 14, Block 49, Flour Bluff and Encinal Farm and Garden Tracts, located between Division and Purdue Roads, approximately 135' east of Sentinel Drive. Mayor Turner noted that both the Planning Commission and Planning Staff recommend approval of the zoning application. Mayor Pro Tem Slavik stated that all the surrounding property is "R -1B" and inquired why they are asking for "R -1C". She stated that some of the neighbors are concerned and asked for some background information on the case. Minutes Regular Council Meeting July 7, 1987 Page 18 Mr. Wenger stated that "R -1C" is a type of district which allows for smaller lot size; this enables a mix of different types of lots within a particular area; and it is still a single family development. Mr. Wenger pointed out that the twenty percent rule is in effect on this particular case because of the opposition from the surrounding neighbors. He noted that there were 38 notices mailed to property owners within a 200' radius, none were returned in favor and eight were returned in opposition. There were no comments from the audience in opposition to this application. A motion was made by Council Member Berlanga to close the public hearing; seconded by Council Member Guerrero and passed unanimously. Assistant City Secretary Zahn polled the Council for their votes; and the following ordinance failed to pass because there were only five affirmative votes: 15. AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CORPUS CHRISTI DEVELOPMENT CORPORATION BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 14, BLOCK 49, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FROM "R_18" ONE -FAMILY DWELLING DISTRICT TO "R -1C" ONE -FAMILY DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The foregoing ordinance failed to pass by the following vote: Turner, Berlanga, Pruet, Rhodes and Strong voting, "Aye"; Slavik, Guerrero and Moss voting, "No"; Mendez absent. * * * * * * * * * * * * * Mayor Turner referred to Item No. 16 and opened the public hearing on the following zoning case: 16. Application No. 587-8E, Circle K Corporation: For an exception to the Standard Screening Fence Requirement on Lots 1, 2, and 3, Block 2, Edgewater Terrace, located on the southeast corner of Ocean Drive and S. Alameda Street. Mayor Turner noted that the Planning Commission and Planning Staff's recommendation is to grant an exception to the standard screening fence requirement along portions of the east property line (134.8 feet from north property line and 168.23 feet from south property line.) Mrs. Garcia, owner of lot 4, stated that her lot is located right next to the lot in question, and stated she has several reasons for wanting a screening fence. She noted that it would reduce the noise level, prevent debris from blowing, and restrict the moving and walking traffic. She stated that she plans to build a house and made the recommendation that she get together with Circle K and discuss a fence. Minutes Regular Council Meeting July 7, 1987 Page 19 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 described the fence which is going to be built, and Mrs. Garcia stated that it met with her approval since there will be a fence between her property and Circle K. Mrs. Garcia noted that there were no specifics of the fence in the literature that she had received. Council Member Moss inquired what constitutes a screening fence and Mr. Wenger stated that a screening fence is a six-foot high fence of any material built to withstand hurricane loads. Sam Frech, 6073 Edgewater, appeared in opposition and gave the Council background information on the property. He stated that there is an accident there at least once a month; the business will fail; the City will be put to considerable expense because traffic signals will have to be installed, and noted that he wanted the whole area fenced as required by ordinance, and pointed out that he is speaking for the entire neighborhood. Mayor Pro Tem Slavik referred to the opposition and inquired if it could go back to "R -1B", and Mr. Wenger explained that the Staff would have to generate a request from "B-1" to "R -1B" at the instructions of the City Council or Planning Commission. Council Member Moss pointed out that the City is receiving bids next week for traffic signals on that corner. Council Member Strong stated that the Council is charged with finding the highest and best use of each piece of property in the City; she did not think that anyone would want to build a house on that corner, and noted that the Council is concerned about the accidents on the corner and also pointed out the proposed traffic signal. A motion was made by Council Member Berlanga to close the public hearing; seconded by Council Member Strong and passed unanimously. Council Member Moss requested clarification on exactly what they are voting for. Mayor Pro Tem Slavik inquired about fencing the whole area, and Mr. Wenger explained they did not think fencing the whole area was necessary. Mrs. Slavik expressed concern about the objections of the neighbors. Discussion followed and a motion was made by Council Member Strong to reopen the public hearing; seconded by Mayor Pro Tem Slavik and passed unanimously. Mr. Mark Ferris, Maverick Engineering, appeared on behalf of the applicant, and stated that the City requires a screening fence whenever a business is zoned next to a residential area. He stated that the site is low; they are putting a retaining wall along the east property line; they considered the aesthetics behind it; and noted that an entire screening fence would obstruct some of the view of the traffic. :linutes Regular Council Meeting July 7, 1987 Page 20 A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Strong and passed unanimously. Assistant City Secretary Zahn polled the Council for their votes; and the following ordinance was passed: 16. ORDINANCE NO. 19837 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CIRCLE K CORPORATION FOR AN EXCEPTION TO THE STANDARD SCREENING FENCE REQUIREMENT ALONG THE EAST PROPERTY LINE 144.8' SOUTH FROM THE NORTH PROPERTY LINE AND 168.23' NORTH FROM THE SOUTH PROPERTY LINE OF LOTS 1, 2, and 3, BLOCK 2, EDGEWATER TERRACE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye"; Mendez absent. * * * * * * * * * * * * * Mayor Turner referred to Item No. 17 and opened the public hearing on the following zoning case: 17. Application No. 587-2, Central Power and Light Company: For a change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on 14.00± acres out of Lot 7, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located south of Saratoga Boulevard, approximately 600' west of Rodd Field Road. Mayor Turner noted that The Planning Commission's recommendation is approval, and the Planning Staff's recommendation is denial, and in lieu thereof, grant a special permit for a Central Power and Light Company service center with a standard screening fence and landscaped buffer on only a portion of the subject tract. Mayor Turner asked Mr. S. E. Kelly, District Manager of CP&L, if the special permit was satisfactory to CP&L, and Mr. Kelly responded no. Mr. Kelly gave a history of the property. He stated that in 1972, CP&L purchased this property, had it annexed into the City and zoned "I-2"; the growth of the City changed to the west and took the pressure off of developing this property; in the 1980's they purchased a a 10 -acre tract on Rodd Field Road on which to locate all their facilities, and planned to dispose of the 20 -acre tract; the 10 -acre tract was zoned "I-2" and after its acquisition, the City Staff initiated a change of zoning on the 20 -acre tract from "I-2" to "R -1B"; at this time they are unable to place all of their facilities on the 10 -acre tract, and needed to rezone the subject property in order to expand; they plan to establish an office facility on the front portion of the tract, and construct a Minutes Regular Council Meeting July 7, 1987 Page 21 service center to the rear, which would required "I-2" zoning. He stated that they objected to the special permit because it would limit their development. Mr. Wenger noted that the reason the property was changed back from "I-2" to "B-4" and "R -1B" is when they were going to relocate the facility, due to the fact that they may have disposed of the property, it was the Staff's feeling that they did not want an "I-2" area, which was completely surrounded by single- family property, to be sold to someone who would place any other usage in the "I-2". He stated that CP&L had concurred with the change. He pointed out that the reason for the special permit is to include certain safeguards. Mayor Pro Tem Slavik expressed concern about putting industrial zoning in the middle of the residential zoning. Council Member Guerrero stated that he did not think there would be a better neighbor than CP&L. Council Member Rhodes expressed concern and noted that if it is not a special permit, CP&L could sell the property and than it would be "I-2" zoning. A motion was made by Council Member Berlanga to close the public hearing; seconded by Council Member Guerrero and passed unanimously. Assistant City Secretary Zahn polled the Council for their votes; and the following ordinance was passed: 17. ORDINANCE NO. 19838 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CENTRAL POWER AND LIGHT COMPANY BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 7, SECTION 20, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Guerrero, Moss, and Pruet voting, "Aye"; Slavik and Rhodes voting, "No"; Strong absent at the time the vote was taken; Mendez absent. * * * * * * * * * * * * * Mayor Turner referred to Item No. 18 and opened the public hearing on the following zoning case: 18. Application No. 587-6, Mr. Rogerio Lopez: For a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on Lots 23 and 24, Block 8, Broadmoor Park, located on the southeast corner of Niagara Street and Baldwin Boulevard. Minutes Regular Council Meeting July 7, 1987 Page 22 Mayor Turner noted that the Planning Commission and the Planning Staff recommend approval of this application. Council Member Rhodes inquired if the applicant agreed with the requirement for a replat, and Mr. Wenger explained that is an automatic requirement when a change is requested. No one spoke in opposition to this application. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Moss and passed unanimously. Assistant City Secretary Zahn pointed out that the ordinance will be on the agenda at a future date after the replat is filed. * * * * * * * * * * * * * Mayor Turner referred to Item No. 19 and opened the public hearing on the following zoning case and noted that she will abstain from participation because of a conflict of interest. 19. Application No. 687-1, Mr. Jimmy R. Price, Trustee: For a revision to the "PUD" Planned Unit Development 2 on Lots 1 through 13, Block 1, 4700 Ocean Drive, located on the southeast corner of Ocean Drive and Airline Road. Mr. Wenger noted that the Planning Commission and Planning Staff recommend approval and pointed out that the twenty percent rule is in effect and will require seven affirmative votes to pass the ordinance. Jimmy Price, the applicant, appeared stating that he represents Central National Gulf Bank; he has presented the case before; and if there are no questions and no one in opposition, he would have no comment. Council Member Moss noted that inquired if it would be acceptable to that it has been reviewed in detail; pointed out that all units will have r the service alley is only 10' wide and make it a 20' alley, and Mr. Price stated it will work; it does meet the test; and ear entry garages. Mayor Pro Tem Slavik inquired why it is necessary to change the zoning of the property and if it would change the concept of zoning on the property across the street. Mr. Wenger explained that the underlying zoning still remains "R -1A" which is single family homes; the existing "PUD -2" provides for 13 single-family lots with a private street and sidewalks of a lesser width than normally required; the proposed revision is requested in order to develop the property into 25 single-family lots; the Planned tUnit Development is being utilized in order to deviate somewhat from the rules and regulations of the Zoning and Platting Ordinances; the applicant's plan of development indicates the following Minutes Regular Council Meeting July 7, 1987 Page 23 deviations: 1. a private street with 32 feet of right-of-way rather than the normal 50 feet; 2. private service drives with 101 of pavement running along the rear or sides of the lots are proposed; 3. the front yard is reduced from 25' to 10'; and 4. the lot widths and street frontage of the lots in the two cul-de-sacs are less than the required 35'. Joe Holt, 429 Cape Lookout, referred to the 10' alley width and stated that it is the same alley width that runs along South Shore Estates and the houses that back up to it on Ocean Drive. He stated that all the owners of this property are in favor of this zoning change, and noted that they want to get it developed. He presented photographs of the lots to the Council, and stated that they want to retain the PUD status so that they can have a private street. No one spoke in opposition to this application. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Strong and passed unanimously. Assistant City Secretary Zahn polled the Council for their votes; and the following ordinance was passed: 19. ORDINANCE N0. 19839 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JIMMY R. PRICE, TRUSTEE, BY AMENDING ORDINANCE 16964 GRANTED ON MARCH 24, 1982, BY REVISING THE PLAN OF DEVELOPMENT ON LOTS 1 THROUGH 13, BLOCK 1, 4700 OCEAN DRIVE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Slavik, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye"; Turner abstaining; Mendez absent. * * * * * * * * * * * * * Mayor Turner referred to Item No. 20 and opened the public hearing on the following zoning application: 20. Application No. 587-9, Mr. Gilbert Contreras: For a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 1A, Block 9, Gardendale No. 1, located on the southeast corner of Betty Jean and Cain Drives. Mayor Turner noted that the Planning Commission and Planning Staff's recommendation is denial, and in lieu thereof, grant "R -1C" zoning, and inquired if this is acceptable to the applicant. Mr. Gilbert Contreras, the applicant, stated in the affirmative. Mr. Wenger pointed out that the 20 percent rule is in effect regarding this vote. Minutes Regular Council Meeting July 7, 1987 Page 24 There was no opposition from the audience. A motion was made by Council Member Berlanga to close the public hearing; seconded by Mayor Pro Tem Slavik and passed unanimously. Assistant City Secretary Zahn polled the Council for their votes; and the following ordinance was passed: 20. ORDINANCE NO. 19840 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF GILBERT CONTRERAS BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 1A, BLOCK 9, GARDENDALE NO. 1, 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: Turner, Slavik, Berlanga, Moss, Pruet, Rhodes and Strong voting, "Aye"; Guerrero absent at the time the vote was taken; Mendez absent. * * * * * * * * * * * * * Mayor Turner referred to Item No. 21 and opened the public hearing on the following zoning application: 21. Application No. 587-1, Mr. Arnold Gonzales: For a change of zoning from "R -1B" One -family dwelling District to "AB" Professional Office District on Lot 21, Block 1, Christie Park No. 3, located on the southwest corner of Townsend Street and Gollihar Road. Mayor Turner noted that both the Planning Commission recommend denial of this application. Daniel Vera, attorney for the applicant, stated that request "R-2" zoning instead of their present request and procedure. and Planning Staff they would like to inquired about the Mr. Wenger noted that the request is now "R -1B" to "AB", and that the "R-2" is lesser than requested; the Council could deny the request, and in lieu thereof, grant the "R-2" without a rehearing or going through the Planning Commission. Mr. Wenger located the area on the zoning and land use map, described land use in the surrounding area and showed slides of the vicinity. Mr. Vera pointed out the area on the map and stated that presently Gonzales has a hardship because he has to maintain 6500 square feet of grass reiterated that the request should have been "R-2". the Mr. and Minutes Regular Council Meeting July 7, 1987 Page 25 Mr. Wenger stated that 1f the request is for "R-2" from the initial "AB", it does have some consideration because of where it is located; it backs up to "AB" use; the Staff would not have have any objections to "R-2" with the understanding that it only allows two units; they would have to be attached; it is a duplex type use and not two units on one lot. Mayor Turner noted that there were 30 notices mailed to property owners within a 200' radius of the subject property, and of the notices mailed, two were returned in favor and one was returned in opposition. No one spoke in opposition to this zoning application. A motion was made by Council Member Berlanga to close the public hearing; seconded by Mayor Pro Tem Slavik and passed unanimously. A motion was made by Council Member Strong to deny the zoning change "AB", and in lieu thereof, grant "R-2" zoning; the motion was seconded by Mayor Pro Tem Slavik and passed by the following vote: Turner, Slavik, Berlanga, Moss, Pruet and Strong voting, "Aye"; Rhodes voting, "No"; Guerrero absent at the time the vote was taken; Mendez absent. * * * * * * * * * * * * * Mayor Turner referred to Item No. 22 and opened the public hearing on the following zoning application: 22. Application No. 587-7, Mr. Wilson L. Pickering: For a change of zoning from "R -1A" One -family Dwelling District to "R-2" Multiple Dwelling District on Lot 1, Block 15, Waverly Estates, located on the northeast corner of Waverly and Hinman Drives. Mayor Turner noted that both the Planning Commission and the Planning Staff recommend denial of the application. Mr. Wenger pointed out that the twenty percent rule is in effect. John Rank, 9708 So. Padre Island Drive, attorney for the applicant, presented photographs of the area in question to the Council. He stated that there are two apartments on the subject property which were built in 1972 and have been rented since that time; the applicant purchased the subject property in 1981; in making this purchase, he considered the income from the apartments, and thought he could continue renting the apartments, even though he knew it was not zoned for apartment use; if he continues to own that house, he will have to have the income from the apartments. Mr. Rank continued that since 1972 until the present time, there have been no complaints from the neighbors about the apartments; Mr. Pickering has invested About $5,000 in improvements since he purchased the property; he is very careful in his selection of renters and is very conscious of the neighbors; Minutes Regular Council Meeting July 7, 1987 Page 26 Mr. Rank referred to a petition signed by nine neighbors opposing the zoning change, but supporting a special permit allowing the apartments, as long as Mr. Pickering owns the property; in talking to his neighbors, he found out that they have been disturbed by vehicles parked on the grass and by noise and Mr. Pickering is willing to do whatever is necessary to minimize the problems. Mr. Rank noted that the Planning Commission is recommended against this because it would have a negative effect on the neighborhood for setting a precedent for multi -family use; they disagree because whatever precedent there is has already been established because it has existed for over 15 years. He pointed out that the complaint was from a disgruntled tenant who was evicted because his rent was not paid. Kelly Elizondo, Assistant City Manager, stated that Staff has a copy of the permit issued for construction of a guesthouse, and that it is legal to build a guesthouse but not to rent it. He pointed out that a guesthouse does not have a kitchen. Wilson Pickering, the applicant, 225 Waverly, stated that he is an interested citizen in the City of Corpus Christi; he would like to affirm the fact that he has not discussed this issue with any of the Council; he would be willing to reduce the parking to one car; he is opposed to the zoning change, but stated they had to ask for that in order to get a special permit. He noted that it would be a real financial problem for him to operate without the rental income and that he would be willing to compromise. Leon McBride, 5805 Hinman, appeared in opposition, and stated that there are sometimes 4-5 cars parked on the street; he is opposed to apartments in the area and knew of no other apartments in the vicinity. He noted that he has called the police for disturbances because of Mr. Pickering's renters, and that he does object to a special permit. William McCord, 5808 Hinman, appeared in opposition, stated that he bought his home four years ago; the parking is a problem; he has no privacy whatsoever; he goes directly to the tenant whenever there is a problem; and he objects to all the people coming and going. He referred to the deed restrictions which say single -family dwelling only. Mayor Pro Tem Slavik expressed concern regarding the objections from the neighborhood. More discussion followed and Mayor Pro Tem Slavik made a motion to close the public hearing; seconded by Council Member Moss and passed unanimously. Mr. Wenger pointed out that today the Council will take action on whether to approve or deny the application, and if it is approved, when the ordinance comes before them, it will take seven affirmative votes to approve it. A motion was made by Council Member Moss to deny the application; seconded by Council Member Rhodes and passed by the following vote: Turner, Slavik, Minutes Regular Council Meeting July 7, 1987 Page 27 Guerrero, Moss, Rhodes and Strong voting, "Aye"; Berlanga voting, "No"; Pruet absent at the time the vote was taken; Mendez absent. Mayor Turner referred to Items No. 23 and 24 and opened the public hearing on the following amendments to the zoning ordinances: 23. Amendement to the Zoning Ordinance: Amending Article 3, Definitions, by setting forth definitions for signs. 24. Amendment to the Zoning Ordinance: Amending Article 8, Apartment House District Regulations, Article 8A, "A -1A" Apartment House District Regulations, and Article 9, "A-2" Apartment House District Regulations, by setting forth sign regulations pertaining to each district. Mr. Wenger stated that the purpose of the amendment is to establish definitions and to amend the ordinance relative to signs; presently, the ordinances do not allow free-standing signs; they are illegal; the Planning Commission and Planning Staff recommend approval; however, differ on the maximum height to be allowed for free-standing signs in the apartment districts; the proposed revisions to apartment sign regulations were initially designed to fit into the hiarchy of sign regulations in the various zoning districts; and that the Staff originally proposed that larger complexes be allowed a free-standing sign not to exceed 30 square feet in area; however, the Commission recommended that these complexes be allowed a 40 square foot free-standing sign. Mr. Wenger continued by stating that the Staff concurred with the Planning Commission's recommendation of 40 square feet; however, differs with the Commission's recommendation to allow the free-standing signs a maximum height of 10' due to the type of sign (ground or monument) proposed; and that the Staff is of the opinion that the proposed allowable signs should not exceed 6' in height as they are intended to be "low -profile" in nature. Mr. Wenger stated that the Staff did a survey showing the different sizes of the signs throughout the City in relation to apartments and showed slides of the signs and noted that they are all illegal. In answer to a question from Mayor Pro Tem Slavik pertaining to illuminated directional signs, Assistant City Manager Elizondo stated that it was the consensus that portable signs would not be allowed in "A-1" and "A-2"; they are allowed now; and this would recommend that they not be allowed. Discussion followed, and Margaret Edwards, President of the Corpus Christi Apartment Association, stated that she represented 23,000 rental units; approximately $500 million in real estate, which generates revenues of approximately $50,000 for the community each month. Ms. Edwards requested that the Council concur with the Planning Commission's recommendation versus the Staff and allow them the larger, higher signs. Minutes Regular Council Meeting July 7, 1987 Page 28 A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Strong and passed unanimously. In answer to a question from Mayor Pro Tem Slavik, Mr. Wenger stated that a low sign is a low profile type sign and that a 10' sign is not a low profile sign. A motion was made by Council Member Guerrero to accept the Planning Commission recommendation; seconded by Council Member Strong and passed unanimously. Assistant City Secretary Zahn polled the Council for following ordinances were passed: 23. ORDINANCE NO. 19841 their votes; and the AMENDING THE ZONING ORDINANCE, ARTICLE 3, DEFINITIONS, BY DELETING SUBSECTION 3-1.06 IN ITS ENTIRETY AND BY RENUMBERING AND AMENDING SUBSECTIONS 3-1.56.1 THROUGH 3-1.58.3; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye"; Mendez absent. 24. ORDINANCE NO. 19842 AMENDING THE ZONING ORDINANCE, ARTICLE 8, "A-1" APARTMENT HOUSE DISTRICT REGULATIONS BY AMENDING SUBSECTION 8-2.04 AND ADDING A SUBSECTION 8-2.05; AMENDING ARTICLE SA, "A -1A" APARTMENT HOUSE DISTRICT REGULATIONS BY AMENDING SUBSECTION 8A-2.12 AND ADDING SUBSECTION 8A-2.13; AMENDING ARTICLE 9, "A-2" APARTMENT HOUSE DISTRICT REGULATIONS BY AMENDING SUBSECTION 9-2.09 AND ADDING SUBSECTION 9-2.10; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye", Mendez absent. * * * * * * * * * * * * * Mayor Pro Tem Slavik inquired if to designate Mayor Turner as Chairman Attorney George explained that he designated the Mayor as chairman, but the Reinvestment Zone Board had a meeting and approve Council Member Pruet, and City believed that the Council's appointment he would check this. Mrs. Slavik requested a written report from Gary Bushell about the progress of the Corpus Christi Economic Development Corporation. Council Member Berlanga stated that he received a letter from Ruben Bonilla about a seven-year old child that got on a bus with a fish which smelled and was Minutes Regular Council Meeting July 7, 1987 Page 29 let off the bus with no money, and his parents were worried about his whereabouts. Mr. Berlanga noted that the RTA should be reprimanded. Mayor Turner suggested turning the matter over to Council Member Moss who is the RTA liaison, and Mr. Moss suggested that Messrs. Bonilla and Berlanga appear before the board. Mr. Berlanga noted that an approach for disabled persons is needed at Cole Park, and City Manager McDowell stated that the matter will be investigated and a report provided to the Council. Mr. Berlanga noted that more parking space is needed at Cole Park and Council Member Strong suggested shuttle parking. Mr. Berlanga noted that Athena Cablevision is not answering their phone and not living up to their agreement. Mr. Berlanga referred to Price Field Ball Park and noted that it is in terrible shape; road is full of chug holes; fences are not good; scoreboard does not work; and a little house on property is condemned. Mayor Turner then requested a report on the ball field. Council Member Pruet requested a status report on the Causeway Study and Economic Study on the Boat Pass, and Assistant City Manager Hennings noted that this is the third month on the Causeway Study; there will be a meeting this week; and he will get a report for Mr. Pruet. Council Member Guerrero invited the Council to a reception at Molina Veterans Park for Lupe Suarez, who won a championship fight, and noted that he would provide the Council the exact date. Council Member Strong requested an update on the Fishing Pier and on O'Neill Street. There being no further business to come before the Council, a motion was made by Council Member Guerrero, seconded by Council Member Strong, and passed unanimously that the meeting be adjourned at 4:15 p.m. 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 July 7, 1987, which were approved by the City Council on July 14, 1987. WITNESSETH MY HAND AND SEAL, this the x day of j�.34, / 7/7 • Armando Chapa, City Sd'cretary City of Corpus Christi, Texas Itty Tur erR"vI—