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HomeMy WebLinkAboutMinutes City Council - 10/13/1987PRESENT Mayor Betty Turner Mayor Pro Tem Clif Moss Council Members: David Berlanga, Sr. Leo Guerrero * Frank Mendez Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 13, 1987 9:00 a.m. City Manager Craig McDowell City Attorney Hal George City Secretary Armando Chapa L.( Mayor Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Ralph Drews of the New Testament Christian Church following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Rhodes. A motion was made by Council Member that the Minutes of the Regular Council Meeting of October 6, 1987 be approved as presented; seconded by Council Member and passed unanimously. Council Member Strong noted that she had called in to advise that she would be late for the previous week's Council Meeting and would like it reflected in the minutes. It was the consensus of the Council that if any Council Member calls in and advises that they will be late that it be included in the Minutes. * * * * * * * * * * * * * Mayor Turner administered the Oaths of Office to the following people: Park & Recreation Board - Jim McCown; Municipal Arts Commission - Riley W. Albertson; Museum Advisory Board - Captain Robert Bell, Jr.; - Nueces County Tax Appraisal District - Victor Penuel, Jr. and Dr. Kate Haltom; Corpus Christi Regional Transit Authority - Claudio Herrera. Council Member Guerrero arrived at 9:15 a.m. * * * * * * * * * * * * * * Mayor Turner referred to the Board and Committee appointments. The following appointments were made: MICROFILMED :nut e s ..egular Council Meeting October 13, 1987 Page 2 Human Relations Commission - Henry Gorham Margaret Knodell - Chairman * * * * * * * * * * * * * Mayor Turner announced the bid opening on the modifications to the Oso Water Reclamation Plant. Assistant City Manager James K. Lontos opened bids on this project from the following firms: R. S. Black Engineers & Contractors; Fitzgerald Contracting, Inc.; Interstate Industrial Constructors; Larson Plumbing & Utility Co.; and Stefek Construction Co. He verified that all companies had submitted the required security bond and acknowledged receipt of the addendum. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 thru 3. 1. M87-0346 Approving the purchase of a 27,000 ib. GVWR truck cab and chassis from Lindley International based on low bidder for the amount of $21,594. This truck is to be used by the Water Division. 2. M87-0347 Authorizing the receipt of bids on November 10, 1987, for landscaping improvements at Corpus Christi International Airport. 3. 1487-0348 Approving plans and specifications and authorizing receipt of bids on November 10, 1987, for the I.H. 37 Utility Relocations, Phase B. In reference to Item No. 2 concerning the landscaping improvements at the Corpus Christi International Airport, City Manager McDowell replied to a question from the Mayor stating that the funds for this project are part of the first bond sale; and the amount of the bonds is $270,000. Mayor Turner requested that the Council be provided copies of the conceptual plan. Council Member Guerrero stated that he had recently been at the airport and the cab drivers seemingly look worse, and their cars are in hideous shape. He requested a follow-up on this matter. There were no comments from the audience on the Motions. A motion was made by Council Member Berlanga to approve Motions 1 thru 3; seconded by Council Member Slavik and passed unanimously. .nutes .egular Council Meeting October 13, 1987 Page 3 Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings, and Council Members requested that Items 7, 8, 9 and 11 be withheld for discussion. There were no comments from the audience on the other items. City Secretary Chapa polled the Council for their votes and the following were passed: 4. RESOLUTION NO. 20004 AUTHORIZING THE EXECUTION OF FOUR PIPELINE CROSSING AGREEMENTS WITH THE MISSOURI PACIFIC RAILROAD COMPANY PERTAINING TO THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF CITY UTILITY LINES WITHIN RAILROAD RIGHT-OF- WAY: AND APPROPRIATING $5,125. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye." 5. RESOLUTION NO. 20005 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION RELATIVE TO THE CITY'S PARTICIPATION IN THE CONSTRUCTION OF THE I.H. 37/U.S. 77 INTERCHANGE PROJECT; AND APPROPRIATING $308,132. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye." 6. RESOLUTION NO. 20006 APPROPRIATING $1295 FROM THE 561 STREET IMPROVEMENTS BOND FUND FOR APPRAISAL SERVICES BY MIKE POTJER IN CONNECTION WITH THE GLENOAK DRIVE SIDEWALK IMPROVEMENTS PROJECT. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye." 10. RESOLUTION NO. 20010 AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM; GRANTING THE ADDITIONAL RIGHTS, CREDITS AND BENEFITS AUTHORIZED BY SECTIONS 62.105, 64.202(f), 64.204, 64.405, 64.406, AND 64.410 OF TITLE 110B, REVISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED BY THE 70TH LEGISLATURE; AND PRESCRIBING THE EFFECTIVE DATE. (mutes ..egular Council Meeting October 13, 1987 Page 4 The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye." In reference to Item No. 7 concerning the Weber Road Improvements - Saratoga Boulevard to Oso Creek, Council Member Slavik inquired about the time frame for the project, and Assistant City Manager Lontos stated the state is ready to receive bids on this project; work should be starting about the first of the year; and it will probably take about a year. In reference to Item No. 9 concerning adoption of improvements in the Texas Municipal Retirement System (T.M.R.S.) Program for eligible employees and retirees, Mayor Pro Tem Moss requested an explanation of this item. City Manager McDowell stated this is updating the service credits, which in effect, will keep this City consistent with the other cities and enables employees pension benefits to be computed on most current three years of employment. He continued by stating that the City has updated service credits on a yearly basis. In answer to a question from the Mayor, Mr. McDowell stated that most cities update their service credits on an annual basis; we did it last year and have done it consistently over the last several years. He stated it is based on forty percent of the consumer price index and on actuarial numbers. He further stated that whatever is put into place at this point will continue. Assistant City Manager Garza stated that the Council needs to approve that every year, and it is not open-ended. Discussion followed and Mr. McDowell stated the City is offering a second deferred compensation plan; it is optional and is strictly an employee contribution. He stated that the City offered one plan for sometime; another plan is available; they have had some requests; and they wanted to provide both opportunities to the employees to take either one. Mayor Pro Tem Moss requested information that will show if employees of Corpus Christi are paid higher or lower than people in other public jobs or in the private sector for comparable work. Mr. McDowell stated the City does a number of surveys each year, and has employees that make less than those in the private sector, some that are equal to, and some that are a little bit higher. depending on the specialties. In answer to a question from Council Member Guerrero pertaining to a Cafeteria Plan, Mr. McDowell replied the City does not have a Cafeteria Plan per se but is in the process of looking at that in the near future, and Personnel Director Forbes stated that the City does have some elements of the Cafeteria Plan, but it is not a fully developed plan. nutes ..egular Council Meeting October 13, 1987 Page 5 In reference to Item No. 11 concerning One Call Systems, Inc., Council Member Rhodes requested information on this item, and Mr. McDowell stated a one call system is a communications system established by public & private utilities, corporations and other operators of underground facilities to provide one telephone number for excavating contractors and the general public to call for notification of their intent to use equipment for excavating, tunnelling, demolition or similar work. Council Member Rhodes stated that to make one call instead of three, $15,000 is a luxury and that she will vote no on this item. There were no comments from the audience on the above items. City Secretary Chapa polled the Council for their votes and the following were passed: 7. RESOLUTION NO. 20007 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION RELATIVE TO THE CITY'S PARTICIPATION IN THE RECONSTRUCTION OF WEBER ROAD FROM SARATOGA BOULEVARD TO OSO CREEK; AND APPROPRIATING $78,250. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye." 8. RESOLUTION NO. 20008 ADOPTING THE U.S. CONFERENCE OF MAYORS DEFERRED COMPENSATION PROGRAM. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Moss voting, "No." 9. RESOLUTION NO. 20009 AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Moss voting, "No." nutes ..egular Council Meeting October 13, 1987 Page 6 11. RESOLUTION NO. 20011 AUTHORIZING THE EXECUTION OF A SERVICE CONTRACT WITH ONE CALL SYSTEMS, INC. TO PROVIDE AN AUTOMATED CALLING SERVICE FOR NOTIFYING UTILITIES OF UNDERGROUND EXCAVATIONS. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Slavik and Strong voting, "Aye"; Rhodes voting, "No." * * * * * * * * * * * * * Mayor Turner called for consideration of Items 12 thru 17, noting that No. 17 will be withheld for discussion. There were no comments from the audience on Items 12 thru 16. City Secretary Chapa polled the council for their votes and the following were passed: 12. ORDINANCE NO. 20012 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Everhart, Wooldridge Roads and Patton Street - 1. Everhart Road, West Side only, from Shadowbend Drive to Middlecoff Road; 2. Wooldridge Road, from 200 feet west of Patton Street to Cimarron Boulevard; and 3. Patton Street, from Holly Road south for 800 linear feet; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the following Ordinance passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye." 13. ORDINANCE NO. 20013 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS: Everhart, Wooldridge Roads and Patton Street - 1. Everhart Road, West Side only, from Shadowbend Drive to Middlecoff Road; 2. Wooldridge Road, from 200 feet west of Patton Street to Cimarron Boulevard; and 3. Patton Street, from Holly Road south for 800 linear feet; DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL DURING THE CITY COUNCIL MEETING ON NOVEMBER 10, 1987, IN THE COUNCIL CHAMBERS, CITY HALL, 302 SOUTH SHORELINE BOULEVARD, CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the following Ordinance passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye." nut es ..egular Council Meeting October 13, 1987 Page 7 14. FIRST READING AMENDING THE CITY CODE, CHAPTER 49, STREETS AND SIDEWALKS, SECTION 49-12, PETITION TO COUNCIL TO ESTABLISH OR CLOSE STREETS, ETC.; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its first reading by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye." 15. SECOND READING AMENDING THE CITY CODE, CHAPTER 17, FINANCE AND TAXATION, BY AMENDING SECTION 17-33, CHARGE FOR TAX CERTIFICATES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its second reading by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye." 16. SECOND READING CHANGING THE NAME OF CAMRON STREET TO BATES DRIVE. The foregoing Ordinance passed on its second reading by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye." In reference to Item No. 17 concerning the amendment to Chapter 6, Animal Control, Council Member Slavik stated that this morning the Council received information on this matter which she had not had time to review and inquired about the new information. Council Member Rhodes stated that there is a lot of public misconception about this ordinance and that the following points from the material that was presented to the Council should be made to the public: Question: Will adoption of the proposed ordinance amendment to Chapter 6, dealing with a dog bite complaint, change or enlarge an owner's liability over and above the liability now existing under the current ordinance? Answer: No. She stated that a vicious animal is any animal charged with a second, unprovoked biting offense and that such attack was not made in a pen or other enclosure, "reasonably certain to prevent the dog from leaving the pen or enclosure on its own." Liability insurance is not the creation of this ordinance amendment, but is now state law, enforceable in County Court at Law. She stated that an alleged "dangerous animal," may be found "innocent" by Dr. Sisley for reason that he was protecting his fenced territory from an intruder. Mrs. Rhodes stated that she will support this ordinance and that something has to be done about the loose dogs running around biting people. A motion was made by Council Member Guerrero to table this item until the Council has had a chance to review the material. The motion was seconded by nutes _.egular Council Meeting October 13, 1987 Page 8 Council Member Slavik and failed to pass by the following vote: Guerrero and Slavik voting, "Aye"; Turner, Moss, Berlanga, Mendez, Pruet, Rhodes and Strong voting, "No." Mr. John Jordan, 1466 Casa De Oro, representing the National Association of Letter Carriers, stated that his organization did not feel that the ordinance goes far enough in taking care of the problem. They are concerned with pit bulldogs and would like to see the total ban of pit bulldogs in Corpus Christi. He pointed out that all the state statute does is give a free bite to the dog, and nothing is done until after the dog has bitten someone. He stated that they would like to see some type of ordinance that would require insurance prior to the first bite. Council Member Strong pointed out that when the Council changes or passes an ordinance that they not discriminate with that ordinance. She noted that most of the accidents that happen with pit bulls are because of the owner and not the dog. Council Member Mendez stated that it is his understanding that vicious dogs would refer to any type of breed that is considered vicious, and that hopefully, Mr. Jordan can work with the Animal Control Advisory Board and come up with some kind of language so that the ordinance can be amended. Council Member Rhodes stated that we cannot single out one particular breed, and that we should not have a one -bite ordinance. She inquired if there is any provision requiring a sign. She stated that the Council should pass this ordinance as it is and work toward making it stronger in the future. In answer to Mrs. Rhodes' inquiry, Mr. McDowell stated that it is an administrative option; it is available to the Director of Health should she deem it appropriate based on circumstances. Council Member Pruet inquired if any other city ordinances in relation to this were studied, and Sally Farris, Assistant City Attorney, replied that Staff did a study on the ordinance amendment in regard to a second bite; they were concerned with preserving the integrity of our existing ordinance; and our present administrative remedies have worked very well in treating dogs that had been charged with a biting offense. Ms. Farris noted that our ordinance as it stands right now, unamended, is the leader in the state so far as form is concerned. She stated that she did not know of any other city that requires any type of administrative hearing or penalty for a first bite offender. In answer to a question from Mr. Pruet about getting past the second bite, Ms. Farris stated she did not know of any precedent that would prevent the Council from adopting an ordinance that would require an administrative hearing on a first bite. After more discussion, City Attorney George noted that the issue before the Council on the passage of this ordinance is to conform the City's local nutes ..egular Council Meeting October 13, 1987 Page 9 ordinance with state law, and the issue about taking another step is a separate issue. He stated that cities are attempting to respond to this problem, but in most cities, they cannot find an expert who will testify that a particular dog or a particular breed is a vicious dog. In answer to a question from Council Member Slavik, Ms. Farris stated that the statute does say that one of the essential elements to vicious conduct is at the time of the attack that the dog not be in its pen or enclosure, and it is her understanding that the City's ordinance can deal with a dog bite, regardless of where the dog is when it bites someone. She stated that we can deal with that simple dog bite under our administrative remedies. Council Member Berlanga stated that the City can take steps to protect and avoid the first bite; we need to make sure that the person who has to go to a home knows that there is a vicious dog there; and that it be up to the individual to determine if they want to approach the house. He stated that the City needs to pass this ordinance to conform to the state law, and that more strength be put into the ordinance to make sure something is done to prevent the first bite. After more discussion, Mayor Turner encouraged the Council to support the ordinance to bring it into compliance with the state and at a future date make it stronger. Mr. Jesse Rioj Association, stated dog bite situation He stated that from 24 bites, and that Council to pass the as, 3301 Orlando Street, President of the Letter Carriers that the state ordinance does not go deep enough into the and complained about dogs running loose and biting people. October of last year to June of this year, there have been he had been bitten three times in 28 years. He asked the ordinance now and start working toward a stronger law. Mr. Jesse Smith, 122 Riverdale, Flour Bluff, stated that he deplored the idea that one person can have a dog declared vicious and the owner be required to obtain an extra insurance policy. Mr. George Polinard, 4701 Andover, stated that he has two dogs in his enclosed backyard to protect his property. He stated that he wanted to make sure that if a law is passed dealing with a first bite that the taxpayers are protected; they have rights; and nobody has a right to come in his yard without permission. He stated that he did not want to be penalized if his dogs bite someone. Mr. B. J. Ordener, 2821 Minton, stated that he has two German Shepherd guard dogs and that the City is not going far enough with this ordinance. He stated that he would like to penalize people that tease the dogs and make them vicious. City Secretary Chapa polled the Council for their vote and the following Ordinance was passed: .nutes _.egular Council Meeting October 13, 1987 Page 10 17. ORDINANCE NO. 20014 AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES TO PRESERVE THE INTEGRITY OF THE PRESENT ANIMAL CONTROL ORDINANCE AND TO IMPLEMENT THREE NEW STATE STATUTES, PENAL CODE CHAPTER 42, SECTION 42.12, AND CHAPTER 18, CODE OF CRIMINAL PROCEDURE, ARTICLE 18.182, RELATING TO OWNING OR KEEPING A VICIOUS DOG, AND DESTRUCTION OF CERTAIN DOGS CAUSING DEATH OF A PERSON AS SUBJECTS OF ARTICLE 192-4, TEXAS REVISED CIVIL STATUTES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. The following Ordinance passed on its third reading by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, and Strong voting, "Aye"; Slavik voting, "No." Mayor Turner requested that it be a policy if an item is on the agenda for discussion during the Council Meeting that material on the item be presented to the Council at least one day before the meeting. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the closure and abandonment of portions of Lewis, Shely, Tompkins, Carter, Kosar and Price Streets, in conjunction with expansion and construction plans proposed for the Del Mar College East Campus. Director of Engineering Medina stated that the portion between Lewis and Ayers Street was included in the closure previously closed and abandoned by Ordinance No. 2710 in therefore, it should not be considered for closure. He noted objection to the street closures. No one spoke in opposition to this item. of Price Street request, but was February, 1950; that Staff has no A motion was made by Council Member Mendez to close the public hearing; seconded by Mayor Pro Tem Moss and passed unanimously. City Secretary Chapa informed the Council that the ordinance on this item will be presented within the next week or two. A motion was made by Council Member Pruet giving direction to the Staff to bring this item back as an ordinance. The motion was seconded by Council Member Mendez and passed unanimously by those present and voting. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the first zoning application: 20. Application No. 887-4, Mr. Clarence L. Holmes: For a change of zoning from inutes .egular Council Meeting October 13, 1987 Page 11 "B-4" General Business District to "I-2" Light Industrial District on Lot 3B, Block 2, Lexington Subdivision located on the east side of Ayers Street, approximately 50' north of Milo Street. Director of Planning 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 stated that the Planning Commission and Planning Staff recommend denial, and in lieu thereof, grant a "Special Permit" for a paint and body shop providing that all work take place within the structure and prohibiting outside storage of tools and supplies. Council Member Berlanga stated this particular type of business will create a lot of fumes and paint odors. He inquired about the type of booth to be used. Mr. Harold Hoelscher, 4515 Everhart, representing the applicant, stated that the booths are equipped with ventilators and fans which keep the fumes inside, and that it is a filter type booth. He noted that the prevailing wind is in the opposite direction and the fumes will not be a problem. Mr. Hcelschner noted that the "Special Permit" is acceptable to the applicant. No one spoke in opposition to this zoning application. Council Member Mendez made a motion to close the public by Council Member Strong and passed unanimously. City Secretary Chapa polled the Council for their votes Ordinance was passed: 20. ORDINANCE NO. 20015 hearing; seconded and the following AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CLARENCE L. HOLMES BY GRANTING A SPECIAL COUNCIL PERMIT FOR A PAINT AND BODY SHOP ON LOT 3B, BLOCK 2, LEXINGTON SUBDIVISION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the following Ordinance passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye." Mayor Turner * * * * * * * * * * * * * opened the public hearing on the next zoning application: 21. Oaks Medical Associates: For a change of "F -R" Farm -Rural Application zoning from 3.40± acres out of Lot 2, Section 1, Nueces River Irrigation Park, located on the south side of Farm Road 624, on the southeast corner of River East Drive and Farm Road 624. No. 987-1, River District to "B-4" General Business District on nutes ..egular Council Meeting October 13, 1987 Page 12 Council Member Strong informed the Council that she will officially abstain from voting on this item because her husband practices at Riverside Hospital. Mayor Turner noted that both the Planning Commission and Planning Staff recommend approval of this application. No one spoke in opposition to this zoning application. A motion to close the public hearing was made by Council Member Mendez; seconded by Council Member Slavik and passed unanimously. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: 21. ORDINANCE NO. 20016 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF RIVER OAKS MEDICAL ASSOCIATES BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 2, SECTION 1, NUECES RIVER IRRIGATION PARK FROM "F -R" FARM RURAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes, and Slavik voting, "Aye"; Guerrero absent at the time the vote was taken; Strong abstaining. Mayor Turner opened the public hearing on the next zoning application: 22. Application No. 987-2, Story Farms Company: For a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lots 9 and 10, Block 5, Sherwood Park, located between Weber Road and Chester Drive, approximately 140' north of Redwood Street. Mr. Wenger noted that the Planning Commission and Planning Staff recommend approval of "AB" on the west 215 ft. and denial of "AB" and in lieu thereof grant a "Special Permit" on the east 25 ft. for a landscaped buffer with certain conditions. He stated that the recommendation is acceptable to the applicant. No one spoke in opposition to this zoning application. A motion was made by Council Member Rhodes to close the public hearing; seconded by Council Member Mendez and passed unanimously by those present and voting. (The ordinance is being withheld until such date that the replat is recorded for record in the County Clerk's Office.) nutes .egular Council Meeting October 13, 1987 Page 13 * * * * * * * * * * * * * Mayor Turner opened the public hearing on the next zoning application: 23. Application No. 987-3, L.F.B. Properties, Inc." For a change of zoning from "AB" Professional Office District to "B-4" General Business District on Lot 1, Block 1, Congress Place Unit f2, located on the northeast corner of Weber Road and Capitol Drive. 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 stated that the Planning Commission recommends denial and, in lieu thereof, grant a "Special Permit" for a 67 square -foot freestanding sign, and the Planning Staff recommends denial. He stated that the subject property is completely surrounded by residential zoning and is adjacent on three sides to residential uses. He noted that the reason the Staff is in opposition is because the sign is larger in size than the normal signs allowed in "AB." Council Member Strong stated that she did not find the sign objectionable; it is a reasonable request; and it doesn't detract from the area. Council Member Guerrero expressed concern for the neighborhood and that Weber will become another Everhart. He stated that if the Council allows this one, there willbe an onslaught of similar requests and it will start a precedent. Council Member Rhodes concurred with Mr. Guerrero, and stated it is a neighborhood and would not be appropriate for large signs. Mr. Ralph Bennett, Bennett, Martin and Solka Architects, appeared representing the applicant. Mr. Bennett stated that they will not jeopardize the neighborhood; it will not affect other properties; and there is no possibility of an onslaught because there is no other "AB" zoning. He stated they are proposing to move the sign back behind a 20 -foot setback which will identify the building, and he displayed slides of the existing and proposed signs. Mr. Bennett continued by stating that they feel it is compatible with the neighborhood, and he urged the Council to comply with the Planning Commission's recommendations. Council Member Pruet stated that he will support the Planning Commission's recommendations for several reasons, noting that this project faces an arterial road; this is a major professional office building representing a major investment; there should be some way to differentiate between the signs allowed within the "AB" usage; and it is a unique situation because it is the only "AB" zoned property in a three-mile strip between Saratoga and SPID. Mr. Pruet continued by stating they are getting the sign back away from the neighbors; they have considered the safety standards; and have made an honest attempt to be good neighbors. nutes ..egular Council Meeting October 13, 1987 Page 14 In answer to a question from the Mayor, Mr. Wenger stated that the Staff is looking at the AB because of the most recent changes to the Al, A2 and AIA districts allowing 40 square foot freestanding signs; they will be reviewing the AB relative to the changes that took place in the apartment district; and as to the size of the sign, Staff has not gotten into that yet. Mr. Les Bivey, a retired sign -man from Corpus Christi, stated he observed the sign and it looks appropriate in the neighborhood. He commented on the size of the sign and the pedestal. A motion was made by Council Member Guerrero to close the hearing; seconded by Council Member Mendez and passed unanimously. Mr. Wenger offered a brief explanation of the square footage of the sign and how it was measured. Council Member Mendez stated that he concurred with the Planning Commission's recommendations. He stated that they are going to move the sign up against the building; it will complement the building; and the sign will not be offensive. After more discussion, City Secretary Chapa polled the Council for their votes and the following Ordinance failed to pass: 23. AMENDING THE ZONING ORDINANCE UPON APPLICATION OF L.F.B. PROPERTIES, INC. BY GRANTING A SPECIAL COUNCIL PERMIT FOR A 67 -SQUARE FOOT FREESTANDING SIGN ON LOT 1, BLOCK 1, CONGRESS PLACE UNIT 2; AND DECLARING AN EMERGENCY. The foregoing Ordinance failed by the following vote: Turner, Mendez, Pruet and Strong voting, "Aye"; Moss, Berlanga, Guerrero, Rhodes and Slavik voting, "No." * * * * * * * * * * * * * Mayor Turner opened the public hearing on the last zoning application: 24. Application No. 787-4, The Presbyterian Development: For a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on a portion of Lot 1, Block 1, Southfork Subdivision, located on the east side of Rodd Field Road, south of Saratoga Boulevard extended. 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 stated that both the Planning Commission and Planning Staff recommend approval. Mr. Wenger stated that this application is on behalf of Presbyterian Development who requested a zoning change from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District for future development of a neighborhood shopping center. He stated that there were 99 notices mailed to property owners within a 200 ft. radius; 2 were returned in favor; 13 were returned in opposition within nutes ,egular Council Meeting October 13, 1987 Page 15 the 200 ft. area; and 2 were returned in opposition outside the 200 ft. area. He stated that Staff recommended it because it is at the major intersection of two arterials, and it does comply with the policy documents. Mr. Tim Clower, representing the Presbyterian Development, stated that they felt the highest and best use of this property, which is on two arterial streets, would be "B-1" or "B-4." He stated that Presbyterian Development purchased the property to build a church on it and have since changed their minds and wish to market the property. Mr. Clower indicated that there are no immediate plans for the subject property; they are trying to get it ready for sale within the next three years; and could not be tied to a Special Permit. He continued by stating that he has met with the homeowners in the area attempting to resolve the situation but were unable to do so. Mr. Arthur Zeitler, 4230 Spring Creek, representing the South Fork Property Owners Association, spoke in opposition to the zoning application. He gave a brief explanation of the history of the property and this particular subdivision. He stated that they are not in total opposition to the fact that this property might need to be developed for commercial purposes, and that a petition was signed by a number of owners indicating that the residents and homeowners oppose the change of zoning. He passed out material to the Council on a proposal from the association. He stated their concerns and pointed out that the Council does not need to give any approval at this time because they don't have a buyer for the property. He requested the Council to delay consideration of this item or grant the Special Permit with exceptions which the association requested. Council Member Rhodes expressed concern that the residents do have a point because front doors are across from the property and the owners do not know what will be there. Mr. Clower stated that at the Planning Commission meeting, the development company offered a 10 ft. buffer area and have all along. He stated that the company wanted it outside the area and not inside the fence because they cannot live with some of the restrictions, but that they do not mind the buffer. Mr. Zeitler stated that the suggestion was that the property owners association would get the 10 ft. strip and have to put in the landscaping and have to maintain it. Mayor Turner suggested that the two parties involved try to come to some kind of concurrence in the matter. Council Member Slavik suggested tabling the item and inquired if there would be any more money involved, and Mr. Wenger replied there would not be. .nutes aegular Council Meeting October 13, 1987 Page 16 Council Member Strong inquired if it would be legal to include Special Permit conditions on a zoning change when there is no site plan, and Mr. Wenger replied there has to be a site plan. Mrs. Strong stated that she thought the corner is a a logical corner for business but that she recognizes the special situation of the neighborhood, and she thought it is all being done prematurely. She stated that we need some special permit restrictions on the property that can only be accomplished after there is a buyer. Discussion followed, and it was the consensus of the Council that the parties involved try to work out a solution. A motion was made by Council Member Slavik to table the item for two weeks to allow the parties to reach an agreement. The motion was seconded by Council Member Rhodes and passed unanimously by those present and voting. * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 18 concerning the first reading of the annexation ordinances. She stated they have no apologies at all for this annexation proposal; it is sound, sensible and responsible; and it certainly does provide for orderly growth. She noted that all of the areas propcsed in the annexation are currently adjacent to or surrounded by City limits, and that this proposal has eliminated virtually all of the area that was turned down by the voters last year. City Secretary Chapa pointed out that there are two ordinances; one, to annex the governmentally owned land and water; and two, for the privately owned land. Mr. Chapa polled the Council for their votes and the following ordinances were passed: 18a. FIRST READING ANNEXING 11 AREAS CONTAINING 33,172.02-1 ACRES OF GOVERNMENTALLY OWNED LAND. The foregoing Ordinance passed on its first reading by the following vote: Turner, Moss, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Berlanga absent at the time the vote was taken. 18b. FIRST READING ANNEXING 26 AREAS CONTAINING 2,869.89± ACRES OF PRIVATELY OWNED LAND. The foregoing Ordinance passed on its first reading by the following vote: Turner, Moss, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Berlanga absent at the time the vote was taken. mutes aegular Council Meeting October 13, 1987 Page 17 Mayor Turner called for Council Liaison and other reports. Boat Pass - Council Member Strong informed the Council that on Thursday, October 29, a contingency from Corpus Christi will go to Florida to meet with Mr. Christopher Jones to look at working and non -working boat passes and by-pass systems. She stated that anyone on the Council can go. Downtown Revitalization - Mayor Turner presented to the Council the recommendations for the Board of Directors for the Heart of Corpus Christi. She informed the Council that they will have a retreat a week from Saturday. RTA - Mayor Pro Tem Moss stated that they met last week and had a quorum, and that things are looking up. Convention and Tourist Bureau - Council Member Pruet stated that there has been some concern by some of the visitors to Corpus Christi about the impact of the increased bed tax. He noted that Chris Davis of the Bureau has suggested not to talk about the percentage of the tax but point out the competitive prices of the hotel rooms. Mr. Pruet inquired if we could get something started reciprocating with the people from Laredo. * * * * * * * * * * * * * Mayor Turner informed the Council that the Reinvestment Zone Board is scheduled to meet on Tuesday, October 20. She requested a copy of the by-laws. Council Member Guerrero expressed concern about the phone systems. He referred to a letter that identifies the system as being bugged and needed to be debugged, and that it would cost $89,000 to do it. He stated that in the same letter Mr. Ben Cavazos says he is not capable of making these changes, even with twelve years of service. Mr. Guerrero stated he would like Mr. Cavazos to make a presentation to the Council on the phone system. City Manager McDowell stated it is a feature that is on all dimension systems and has been deactivated but could be reactivated in the future; it is still in the system; and if you want to get rid of it so it can never be used, it will cost $89,000. He stated that it is not for eavesdropping; it makes a very loud audible tone; and it would not be easy to eavesdrop without someone hearing the tone. Council Member Guerrero stated it is a very serious issue; this is Gestapo -like tactics; there are a lot of employees who are concerned and afraid of the system and who feel it was put in specifically for eavesdropping and taping. Council Member Strong stated that when she was in Washington three weeks ago the featured city of the year was Portland, Oregon. She noted that she received a brief summary and would like Council concurrence to refer the report with names of people in Portland to the Bayfront Activities Committee because 'mutes ..egular Council Meeting October 13, 1987 Page 18 they are doing what this City has approved in concept for our waterfront, and City Manager McDowell suggested the report be referred to the Planning Commission. Council Member Mendez referred to the minutes of the Building Code Board of Appeals concerning a complaint that he turned over to Mr. Elizondo. He inquired if the Council can overturn an appeal because he is very disappointed in this particular case, and Assistant City Manger Elizondo replied that it can come to the Council. Mr. Mendez stated that he would like to re-examine this particular one. Council Member Slavik referred to the safety report on the surreys and stated that she would like Council discussion on this item. In answer to a question from Mrs. Slavik, City Manager McDowell stated that the contract that was approved by the City Council has a provision in it that says if at any time the Director of Safety and Risk Management determines that the operation constitutes a safety hazard, then the Council could reconsider the agreement. Discussion followed and Council Member Mendez stated that the Council agreed to examine the contract after a year and at that time consider all the different aspects. Mayor Pro Tem Moss referred to an invitation from Dr. Allen to attend the reception for the U.S. Yacht Racing Union tomorrow evening and encouraged the Council to attend. Council Member Slavik requested that the Council be provided a tour of the new City Hall. There being no further business to come before the Council, a motion was made by Council Member Mendez, seconded by Council Member Slavik, and passed unanimously that the meeting be adjourned at 12:17 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 October 13, 1987, which were approved by the City Council on October 20, 1987. WITNESSETH MY HAND AND SEAL, this the /3 K day of -kW— t - /9 )7 ii3etty T ner, MAYOR Armando Chapa, City Secretary City of Corpus Christi