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HomeMy WebLinkAboutMinutes City Council - 08/08/1989MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 8, 1989 2:00 p.m. PRESENT Mayor Betty Turner Council Members: Hall. Tom Hunt Clif Moss Joe McComb Edward A. Martin Mary Rhodes Frank Schwing Absent Mayor Pro Tem David Berlanga, Sr. Council Member Leo Guerrero City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa y Mayor Turner called the meeting to order in the Council Chamber of City The invocation was delivered by Reverend Clifford Taylor of Bethany Christian Church following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Ed Martin. City Secretary Armando Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Turner called for approval of the Minutes of the Regular Council Meeting of August 1, 1989 and there being no additions or corrections, she proclaimed them approved as presented. Mayor Turner recognized Mr. Gabe Rivas, Chairman of Feria de las Flores, who invited the Council Members to the LULAC celebration and presented the contestants for Queen of the Feria de las Flores Pageant. Mayor Turner presented Mr. Rivas with a Proclamation designating August 12, 1989 as "Feria de las Flores Day." Mayor Turner recognized Mr. Tim Brown, representing the Austin law firm of Booth and Newsom, who gave a presentation on the Edwards Aquifer Lawsuit filed by the Guadalupe -Blanco River Authority as it relates to the Nueces River Basin. Mr. Brown presented background information on water and water law in the State MICROFILMED lutes , Aar Council Meeting ..,..gust 8, 1989 Page 2 of Texas and elaborated on the ramifications of the lawsuit. Mr. Brown summarized by stating that the City's water rights are potentially at risk because the water that fills Choke Canyon comes from this area that the Quadalupe-Blanco River Authority says is part of their river. A discussion followed and a series of specific questions were asked by various Council Members and Mr. Brown responded to the questions. In answer to a question from Council Member Martin on what steps the City of Corpus Christi should take in reference to this lawsuit, Mr. Brown responded by stating that the City's legislative delegates should be informed so that they can protect the City's interest. Mr. Brown stated that he will monitor the lawsuit closely and advise the City when action is appropriate. Council Member Martin made a motion to authorize staff to work with the Nueces River Authority and their Counsel to make sure that the City is represented and kept informed of this situation. The motion was seconded by Council Member Moss. After more discussion City Manager Garza suggested that a Resolution be passed urging the speaker of the house and the lieutenant governor to appoint representatives from the City's area to the Special Committee on the Edwards Aquifer to study alternatives for a regional water plan. It was the consensus of the Council that Mr. Garza's suggestion be part of the motion. Council Member Martin added to his motion that the City not just represent the City of Corpus Christi's interests but everyone directly or indirectly using the water. The motion passed unanimously; Berlanga and Guerrero absent. Mr. Con Mimms, Executive Director of the Nueces River Authority, stressed that they are watching this lawsuit very closely with the Coastal Bend's interest directly in mind because of their joint ownership of the water rights. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings on Items 1 thru 19 and City Manager Garza withdrew Item No. 1 and indicated that Item No. 5 will be discussed in closed session. In reference to Item No. 8, Council Member Rhodes stated that she is an advisory member for the South Texas Child Abuse Council; she is not a regular board member; and she has been advised that she is able to vote on this item. Relative to Item No. 3 on Ocean Drive and Water Street Traffic Signal Improvements, various Council Members expressed concerns about the priorities of these improvements. Questions were raised and responded to by Engineering Services Director, Carl Crull, and City Manager Juan Garza. A motion was made by Council Member Martin to table this item for one week so that the concerns of the Council can be presented to the Transportation Advisory Board. The Minutes Regular Council Meeting August 8, 1989 Page 3 motion was seconded by Council Member Moss and passed unanimously; Schwing absent at the time the vote was taken; Berlanga and Guerrero absent. In reference to Item No. 4 on the Water Utilities Facility, City Manager Garza explained the recommendation for the new facilities, stating that the proposed water utilities facility has been designed to consolidate the Water and Wastewater administrative offices. Council Member McComb expressed concern about the high cost of the building, stating that there is no land cost involved, and Engineering Services Director, Carl Crull, explained the various phases of the project. Mr. Robert J. Reyna, 1821 Roslyn, concurred with Council Member McComb and objected to the high cost of the building. City Manager Garza indicated that he would like to withdraw Item No. 4 and provide the Council with a clearer rendition of the recommendation. In answer to a question from Mayor Turner relative to Item No. 6 on the seawall and T -head improvements, Carl Crull, Director of Engineering Services, explained the different phases of the contracts relating to the construction phase of improvements to the seawall and T -heads. Relative to Item No. 7 on the change order on the CADD/CAM System, Council Member McComb and Moss inquired if training was included with the package, and City Manager Garza replied in the affirmative but that the City did not award that portion of the contract at the time the purchase was approved. In answer to a question from Council Member Moss in reference to Item No. 10 on the Allen School Area Street Improvements Phase II, City Manager Garza indicated that there are funds in the Water Bond Fund for underground improvements. In answer to a question from Council Member McComb if the City has penalty provisions regarding street improvements, City Manager Garza responded by stating that there are very severe penalty provisions if a contractor does not finish the work in time. City Secretary Chapa polled the Council for their votes and the following were passed: 1. Withdrawn Metien-epprevaig-tinnnAmmmmmt.&-fer-flne-TereT-4flechmeilimaect-B4d Inv4tatten-41e-r—B4-491449-43-9--w4th—Getwr-44qmmnk—ier—att-t441Rerteik-annuel expendlture-ef-$66T5;1750-based-en-lew-bldr-The-term-ef-the-eentraet-ehall be—fetwelve—smonthisrek—e—op+4,713--te—eilAK41--fer-et—EkkkHAImmsa—twelve menths-stibjeet-te—the-eppregt4-a4t1,10-14t7-inwl--14enterger-er-hle desigeeem---These-4tems-4;444r4re—stx4EINI---St&t.ieftery-Stere-and-tteed-by varteus-departments-threugheut-the-Gityr Minutes Regular Council Meeting August 8, 1989 Page 4 2. M89-0215 Motion approving a supply agreement for hydrofluosilicic acid in accordance with Bid Invitation No. BI -0255-89 with L.C.I., Ltd. based on the low bid of $43,200. The term of the contract will be twelve months with option to extend for an additional twelve months subject to the approval of the supplier and the City Manager or his designee. Hydrofluosilicic acid is used by the Water Division in the treatment of our water. The foregoing Motion passed by the following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero absent. 3. Withdrawn Nation -awaraing -a -eentreet -1n-the -emeent -of -43437;2;715 -te -VT -GT -Hufir far -the -eenstruetien -ei -treff4e -s4gmel -imprevemenee -te -Geean -DriveT -between Deddrielge -anti --A-i-r-l-i-n-e--Readr --end- -en -4e-eet- -StreetT --bet-ween- -Kinney Street -end -Mann -Streety 4. Withdrawn Metien-awarelltig-e—e-ortt-reet--t-e--Noor-hettee--Gents-t-ntet-fort-Gemp-arit-itt-the-entettrit ef-$IT4287;00-fer-the-Weter-Utilit4es-Fee4Iity-preieetT 6. M89-0217 Motion approving Amendment No. 2 to the contracts for engineering services with Ogletree Engineering, Inc. ($19,200) and Goldston Engineering, Inc. ($25,500) which authorizes the contract administration services relating to the Construction Phase of improvements to the Seawall and T -Heads. The foregoing Motion passed by the following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero absent. 7. M89-0218 Motion approving Change Order No. 1 in the amount of $13,550 to the contract with Advanced Graphics, Inc., for training on various software packages purchased in the original contract for the Computer Aided Drafting system. The foregoing Motion passed by the following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero absent. Minutes Regular Council Meeting August 8, 1989 Page 5 8. RESOLUTION NO. 20743 ACCEPTING THE EMERGENCY SHELTER GRANT FUNDS FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; ALLOCATING $38,200 TO THE GULF COAST COUNCIL OF LA RAZA AND $27,800 TO THE SOUTH TEXAS CHILD ABUSE CRISIS CENTER; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR THE DISBURSEMENT OF FUNDS; AND APPROPRIATING $58,000. The foregoing Resolution passed by the following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero absent. 9. ORDINANCE NO. 20744 CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: - ALLEN SCHOOL AREA, PHASE II - 1. Twelfth Street, from Morgan Avenue to Elizabeth Street; 2. Eleventh Street, from Morgan Avenue to Booty Street; 3. Tenth Street, from Morgan Avenue to Booty Street and from McKenzie Street to Ayers Street; 4. Alameda Street, from Morgan Avenue to Elizabeth Street; 5. Elizabeth Street, from Brownlee Boulevard to Staples Street; 6. Booty Street, from Eleventh Street to Alameda Street; and 7. McKenzie Street, from Brownlee Boulevard to Alameda Street; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero absent. 10. M89-0219 Motion awarding a contract in the amount of $808,905 to A. Ortiz Construction and Paving, Inc. for the Allen School Area Street Improvements, Phase II. The foregoing Motion passed by the following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero absent. 11. SECOND READING CLOSING AND ABANDONING TRAVIS AVENUE FROM SCHANEN BOULEVARD TO DUBLIN DRIVE ADJACENT TO LOTS 8 AND 9, SCHANEN ESTATES UNIT 1, SHOWN BY PLAT IN VOLUME 20, PAGE 17, MAP RECORDS, NUECES COUNTY, TEXAS, AND ADJACENT TO LOTS 23 AND 24, SCHANEN ESTATES UNIT 3, SHOWN BY PLAT IN VOLUME 24, PAGE 12, MAP RECORDS, NUECES COUNTY, TEXAS, SUBJECT TO THE PROVISIONS LISTED BELOW. Ainutes Regular Council Meeting August 8, 1989 Page 6 The foregoing Ordinance was passed on second reading by the following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero absent. 12. SECOND READING CLOSING AND ABANDONING A 10 -FOOT WIDE UTILITY EASEMENT LOCATED BETWEEN LOT 9, SCHANEN ESTATES UNIT 1, AND LOT 23, SCHANEN ESTATES UNIT 3, CLOSING THE NORTHWESTERN 119 FEET OF THE 10-FO0T UTILITY EASEMENT LOCATED BETWEEN LOT 8 SCHANEN ESTATES UNIT 1 AND LOT 24 SCHANEN ESTATES UNIT 3 AND LEAVING OPEN THE REMAINING 250 FEET OF THE 10 -FOOT EASEMENT BETWEEN SAID LOT 8 AND LOT 24 SUBJECT TO CERTAIN PROVISIONS. The foregoing Ordinance was passed on second reading by the following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero absent. 13. SECOND READING AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH RED LINE BURGERS, INC. TO ALLOW THE INSTALLATION AND MAINTENANCE OF AN ENTRANCE LANE 12 FEET INTO THE PUBLIC RIGHT-OF-WAY ON STANLEY STREET AT SOUTH PORT AVENUE. The foregoing Ordinance was passed on second reading by the following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero absent. 14. SECOND READING AUTHORIZING THE RENEWAL OF THREE YEAR LEASE AGREEMENTS WITH THE PADRE LITTLE -SENIOR LEAGUE FOR THE USE OF A TRACT OF LAND AT THE HOLLY ROAD WATER RESERVOIR SITE AND FOR THE USE OF A TRACT OF LAND AT SOUTH GUTH PARK FOR YOUTH SPORTS PURPOSES. The foregoing Ordinance was passed on second reading by the following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero absent. 15. ORDINANCE NO. 20745 AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH FIRST OFFICE MANAGEMENT, INC. DBA AMERICAN BANK PLAZA TO ALLOW THE INSTALLATION OF EIGHT LANDSCAPE PLANTERS IN THE PUBLIC RIGHT-OF-WAY OF LEOPARD STREET AND TANCAHUA STREET. Minutes Regular Council Meeting August 8, 1989 Page 7 The foregoing Ordinance was passed on third reading by the following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero absent. 16. ORDINANCE NO. 20746 AMENDING THE CODE OF ORDINANCES, CHAPTER 6, ANIMAL CONTROL, SECTION 6-21, IMPOUNDMENT, SUBSECTION (F) TO AMEND THE FEE FOR ADOPTION OF UNCLAIMED ANIMALS SO AS TO EXCLUDE THE IMPOUNDMENT FEE. The foregoing Ordinance was passed on third reading by the following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero absent. 17. ORDINANCE NO. 20747 AMENDING THE CODE OF ORDINANCES TO AUTHORIZE THE CITY MANAGER TO APPROVE A SCHEDULE OF FEES FOR ADMISSION TO THE CORPUS CHRISTI MU The foregoing Ordinance was passed on third reading by Turner, Martin, McComb, Moss, Rhodes and Schwing voting, "No"; Berlanga and Guerrero absent. 18. ORDINANCE N0.20748 AMENDING SECTION 55-100 OF 1976 REVISION, SO AS TO PROVIDING FOR REPEAL OF EFFECTIVE DATE; PROVIDING DECLARING AN EMERGENCY. SEUM. the following vote: voting, "Aye"; Hunt THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, PROVIDE CERTAIN INCREASES IN WASTEWATER RATES; ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN FOR .SEVERABILITY; PROVIDING FOR PUBLICATION; AND The foregoing Ordinance was passed on third reading by the following vote: Turner, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Hunt voting, "No"; Berlanga and Guerrero absent. 19. ORDINANCE NO. 20749 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 Ordinance was passed on third reading by the following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero absent. * * * * * * * * * * * * * Minutes Regular Council Meeting August 8, 1989 Page 8 Mayor Turner called for consideration of Item No. 20 on the 10th Street, Booty to McKenzie Nueces County MHMR Revocable Easement. Assistant City Manager Jesus Garza explained the recommendation; he presented background information; and he commented on the traffic circulation patterns in the proposed area. He stated that staff has spent considerable time in evaluating the 10th Street closure and its impact on the surrounding area and finds no compelling reason to reopen the street. Ms. Irma Caballero, speaking on behalf of the MHMR Board, introduced members of the board and requested that the Council not approve the motion to revoke the easement rights which were granted to MHMR in 1986 which allowed them to close a section of 10th Street. She elaborated on the request for the closure of the street; she described the improvements of the area; and she stated that they are proceeding with more facility planning. Ms. Caballero stated that the MHMR Board believes that it is in the best interest of their clients to keep the revokable easement. Mr. Rix Musselwhite, 5808 Whitlow, read a prepared statement from 50 petitioners requesting that the revocable easement granted to MHMR be revocated and the street returned to the public as a street like it was. Council Member Rhodes expressed the opinion that the City should revoke the easement. She expressed concern about the fence around a public street. Mr. Sam Main, 922 Carmel Parkway, stated that he was at the public hearing years ago when this was approved and he did not object to it because MHMR requested it. He expressed the opinion that 10th Street should not have been closed off. Mr. John Campbell, 445 Sharon, representing Camtex Enterprises, stated that they own five lots on 10th Street. He objected to the closure of 10th Street, stating that it is a bad situation and he resents a Corpus Christi street being turned into a green space. Mr. Chuck Urban, representing Urban Engineering, presented plans and drawings for the parking lot. Council Member Martin expressed concern that the closure is really not for the access of clients but to merge two pieces of property by closing a street. Mr. Wally Whitworth, Executive Director of the MHMR Board, elaborated on the reason for the parking lot improvement plans and commented on the original request for the closure of the street. Council Member Hunt expressed the opinion that a mistake has been made and that the street should be reopened because of the many concerns of the citizens in the area. Minutes Regular Council Meeting August 8, 1989 Page 9 Council Member McComb expressed concern because Items 9 and 10, which were just approved by the Council, are connected to this item and a change order on the contract will have to issued if the easement is revoked. Mr. McComb stated that MHMR has been able to get grants as a result of that closing and he questioned whether those grants would have to be repaid. In answer to Council Member McComb's concerns, Carl Crull, Engineering Services Director, stated that if the easement were revoked and the decision was made to retain the Booty and McKenzie intersection, there would have to be a change order. He indicated that this could be added to another change order because plans already have to be modified due to the parking arrangements for the churches relative to the Allen School area- street improvements. A lengthy discussion followed relative to the parking lot improvements and the green space area. City Secretary Chapa polled the Council for their votes and the following motion was passed: 20. 1489-0220 Motion to revoke the easement rights granted to Nueces County MHMR Agency to close 10th Street as authorized by City Council Motion No. M86-0075 passed February 11, 1986. The foregoing Motion passed by the following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero absent. * * * * * * * * * * * * * Relative to Item No. 21 on the Rehabilitation of Runway 13/31 Taxiway System (Paving and lighting) and Runway 13/31 HIRL System, Assistant City Manager Jesus Garza explained the recommendation for approving amendment No. 5 to the contract for engineering services with W. P. Wills Consulting Engineers. Mr. Garza elaborated on the reason for the change order which he noted will not cost the City any money. Council Member Martin offered a suggestion which would eliminate this kind of a change order. He suggested that in the future when the City awards these types of contracts for engineering, that a clause be added that in case of delays, it can be automatically extended until the completion of the project. City Secretary Chapa polled the Council for their votes and the following Motion was passed: 21. 1489-0221 Motion approving Amendment No. 5 to the contract for Engineering Services with W.P. Wills, Consulting Engineers, Inc. to authorize payment for Minutes Regular Council Meeting August 8, 1989 Page 10 additional construction phase services and full time resident inspection, In an amount not to exceed 814,124.38, necessary to complete the Rehabilitation of Runway 13/31 Taxiway System (Paving and Lighting) and Runway 13/31 HIRL System. The foregoing Motion passed by the following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero absent. * * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 22 on the first reading of the Ethics Ordinance. Council Member Martin questioned the reason for Item 21 on page 2 which prohibits an employee from representing someone before the City Council within 12 months after leaving City employment. He also questioned Item 16 on page 2 which prohibits a Council Member from appearing before any board, commission or committee of the City on a matter of private interest. Mr. Martin stated that he wanted clarification on Section 2-328, page 5, regarding the City Attorney's opinion as being authoritative and he felt that the gifts to City Employees' section was too stringent. Discussion on various items of the code ensued, and it was suggested that any Council Member who had some questions or concerns submit them in writing to the staff for consideration of the entire Council before final passage of the ordinance. Council Member Hunt indicated .that there is no sense of emergency for the Council to make a decision today and by rushing it through, the Council would be diminishing the code's effectiveness. Council Member Hunt then Ordinance for three weeks unt Council Members are made. The passed by the following vote: Martin, McComb and Rhodes votin moved to defer the first reading of the Ethics ill all changes and amendments requested by the motion was seconded by Council Member Schwing and Turner, Hunt, Moss and Schwing voting, "Aye"; "No"; Berlanga and Guerrero absent. 22. Withdrawn g, AMENDING-444E;-4303NE—GF-49RB-INIWEWA:1-4;14414P641-6--ADMINI-SALRA444914h—F*-REPEALING ARTIGLE-41-,--GODE-44L-WPRIGS-r-4W-PF-6--ENTRETYT-4;4KR4q-SSGr--2-444-44144344-IS HEBHBY-RENWMBEREB-Ag-CEC-g--2-440b-44WARNGaRA+4r-NFW-ARTIGbB-Vr GODE-13F-ETHIGST * * * * * * * * * * * * * Mayor Turner announced the public hearing on the following zoning application: 23. Application No. 789-1, Ms. Deanna I. Tomao: For a change of zoning from "AB" Professional Office District to "8-1" Neighborhood Business District Minutes Regular Council Meeting August 8, 1989 Page 11 on Lot 11, Block 6, Koolside Addition, located on the west side of Airline Road, approximately 700' north of Kimbrough Drive. Mayor Turner stated that both the Planning Commission and Staff recommend denial, and in lieu thereof, grant a special permit for an antique and gift store adhering to "AB" setbacks and permitting a freestanding sign meeting the "AB" conditional sign guidelines. Mayor Turner asked the applicant if the special permit would be acceptable, and the applicant replied that it would not. The applicant, Ms. Deanna I. Tomao, 5958 Cinnamon Oaks, read from a prepared statement, stating that the establishment of an antique specialty shop would permit the highest and best use of the property. She stated that the property adjacent to the subject tract is used for single-family and is one of three single-family lots located between Gollihar and McArdle Roads. She stated that the remaining properties are either zoned "3-1", "AB" or have a special permit, stating that there was no reason why "B-1" should not be granted as there are a lot of "3-1" zonings along Airline Road. Ms. Tomao indicated that a special permit will limit her flexibility for the highest and best use of the property and that "3-1" zoning will permit other options without a delay encountered in the resubmission for approval of the request of change. City Planner, Alice Terrall, located the area on the zoning and land use map and showed slides of the vicinity. Brandol Harvey, Planning Director, indicated that staff is recommending revisions to the "B-1" zoning district as to what is allowed. He indicated that "B-1" is inappropriate for some of the uses in the area and he described the appropriate uses for "3-1" zoning. Mr. Harvey stated that the City will revise its zoning regulations to make the neighborhood business different in its application. Mr. John Tomao, 5958 Cinnamon Oaks, husband of the applicant, spoke in favor of the "3-1" zoning to permit commercial activity and maintain the rustic atmosphere of retail specialty shops. Mr. Tomao stated that they want the flexibility to change, noting that their approach is to try and enhance the neighborhood. After a long discussion on this application, Mayor Turner noted that some Council Members do not want to grant "3-1" given what is allowable in the "B-1" designation. She stated, however, that designation will be changed to make it more appropriate with the residential neighborhood. A motion was made by Council Member Rhodes to close the public hearing; seconded by Council Member McComb and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: Minutes Regular Council Meeting August 8, 1989 Page 12 ORDINANCE NO. 20750 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF DEANNA I. TOMAO BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN ANTIQUE AND GIFT STORE ADHERING TO "AB" SETBACKS AND PERMITTING A FREESTANDING SIGN MEETING THE "AB" PROFESSIONAL OFFICE DISTRICT CONDITIONAL SIGN GUIDELINES, ON LOT 11, BLOCK 6, KOOLSIDE ADDITION; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Turner absent at the time the vote was taken; Berlanga and Guerrero absent. * * * * * * * * * * * * * * Mayor Turner announced the public hearing on the following zoning application: 24. Application No. C789-3, City of Corpus Christi Housing and Community Development Department: For a change of zoning from "I-2" Light Industrial District to "R -1B" One -family Dwelling District on Lot 1, Block 1, Vancura Addition, located on the west side of Vancura Drive, approximately 280' west of Omaha Drive. Mayor Turner stated that both the Planning Commission and Staff recommend approval of this application. No one from the audience spoke in objection to this application. A motion was made by Council Member McComb to close the public hearing; seconded by Council Member Martin and passed unanimously. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20751 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE CITY OF CORPUS CHRISTI HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 1, BLOCK 1, VANCURA ADDITION, FROM "I-2" LIGHT INDUSTRIAL DISTRICT, TO "R -1B" ONE -FAMILY DWELLING DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero absent. * * * * * * * * * * * * * Minutes Regular Council Meeting August 8, 1989 Page 13 Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Valenti Canales posed questions pertaining to the McKenzie jail zoning case, and Mayor Turner requested the staff to assist Mr. Canales. Ms. Ann Dodson presented material to the Council and a petition relative to a coordinated evacuation plan in case of a nuclear accident on the USS Wisconsin at Ingleside. Mr. Raymond Wimberly presented material to the Council and spoke relative to the Up River Road Utilities, Stage I project. He expressed concern regarding changes to the pipe specification, and City Manager Garza indicated he will look into Mr. Wimberly's concerns. * * * * * * * * * * * * * The Council went into closed session at 6:00 p.m. pursuant to Article 6252-17, Section 2(g), V.A.C.S., regarding appointment, duties, reassignment and evaluation of personnel within the managerial group and regarding Item No. 5 on the agenda on acquisition of property. The Council came out of Closed Session at 6:30 p.m. Relative to Item No. 5 on the acquisition of Parcel 4, the Council was informed by City Manager Garza that the price for the property is $129,000. City Secretary Chapa polled the Council for their votes and the following motion passed unanimously; Berlanga and Guerrero absent. 5. M89-0216 Motion authorizing acquisition of Parcel 4, located on the west side of Ayers Street between Holly Road and Saratoga Boulevard, from Cardco, Inc. This parcel is part of the offsite drainage right-of-way for the Crosstown Expressway. * * * * * * * * * * * * * City Manager Garza gave his report and stated that he will begin scheduling workshop meetings in the near future on the Water Fund balance, the Blanche Moore Development and the Telephone Franchise Tax. Council Member Martin asked the staff to check into pay phone reimbursement charges to the City. He also commented on the pitbull dog concerns expressed by a citizen. Council Member Rhodes asked for a report regarding asbestos removal charges; she inquired when the pawnshop ordinance was going to return; and she also asked some questions regarding meter repair charges. - r Minutes Regular Council Meeting August 8, 1989 Page 14 Mayor Turner spoke on the success of the Hairdressers Convention this past weekend and stated that the only problem was the parking and that there was not a giftshop in close proximity to the Convention Center. Council Member McComb spoke about the competitive swimming needs of the City and asked if the City was coordinating with the schools. The Council asked to consider cancelling the Council Meeting of August 22, 1989, and City Secretary Chapa stated that he would check into the matter. Mayor Turner adjourned the Council Meeting at 6:50 p.m. on August 8, 1989. * * * * * * * * * * * * * 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 August 8, 1989, which were approved by the City Council on August 15, 1989. WITNESSETH MY HAND AND SEAL, this the 1989. Betty Tur, er, Mayor P42/1:1 -day of Armando Chapa City Secretary