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HomeMy WebLinkAboutMinutes City Council - 12/04/1990MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING DECEMBER 4, 1990 2 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem Edward Martin Council Members Cezar Galindo Leo Guerrero Tom Hunt Joe McComb Clif Moss Mary Rhodes Frank Schwing City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa lu. Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Council Member Cezar Galindo following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Mary Rhodes. 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 November 27, 1990, and there being no additions or corrections, she declared them approved as presented. Mayor Turner recessed the Council Meeting to conduct the Meeting of the Corpus Christi Housing Finance Corporation. Mayor Turner reconvened the Council Meeting and referred to the Board and Committee appointments and the following appointments were made by the Council: (M90-310) MICROFILMED ,.__..utes Regular Council Meeting December 4, 1990 Page 2 Citizens Advisory Health Board Helen Bechtel - Reappointed Julia Williams - Reappointed Anne Dodson - Reappointed Dr. Roland Goertz - Reappointed Landmark Commission James Catron - Reappointed Patricia Atkins - Reappointed Peggy Clark - Reappointed Carolyn Tinker - Advisory Mary Ellen Collins Library Board Planning Commission Inez Adams - Reappointed Bertie Hoch - Reappointed Victor Lara Ortegon - Reappointed Kealia Didear - Reappointed William White - Reappointed Deirdre Norton - Reappointed (Advisory) Ralph Hall Municipal Arts Commission Barbara Silverman - Reappointed Scott Johnson - Reappointed Frank Weathered - Reappointed Bryan Barrows - Reappointed Aurora Williams - Reappointed Scott Elliff i i t i i t Y i■ i i i; Mayor Turner called for the City Manager's report concerning the contract for the Nueces County Regional Storm Water Management Plan Study. Victor Medina, Public Utilities Director, provided background information and presented a general overview of the selection process for professional services to develop a regional storm water management master plan. Mr. Medina advised that the selection committee recommended that a contract be awarded to the firm of Camp, Dresser and McKee, in conjunction with Archie Walker Engineering, Inc. Mr. Medina intimated that the firm has a proven track record; they have done storm water management plans; and they have also had experience with EPA. Council Member McComb expressed concern about the financial impact the regulations will have on the community. He suggested meeting with the legislators to express concerns about the impact. City Manager Garza stated that the City can work with the Texas Municipal League, the National League of Cities, and elected representatives to express the City's concerns. s. _,rtes Regular Council Meeting December 4, 1990 Page 3 Following a broad discussion, Mr. Medina and Deputy City Manager Jesus Garza responded to specific questions raised by the Council. Mayor Turner and Council Member Hunt also suggested contacting the legislators to let them know that the City will be keeping a close watch on this situation because it needs to be aware of the changes that will be made. Council Member Rhodes expressed support of the study and suggested that the City not overreact because it is not known how bad the environment is being polluted. Mayor Pro Tem Martin concurred with Mrs. Rhodes. He expressed the opinion that the Council does not understand the issue and there are thousands of other cities that are in the same position the City is in. He suggested conducting the study to perceive what the impact will be. There were no comments from the audience on Item 1. City Secretary Chapa polled the Council for their votes and the following motion was passed: 1. M90-311 Motion authorizing the City Manager to negotiate and execute a contract in conjunction with Nueces County and the South Texas Water Authority for professional services to develop a comprehensive flood protection and regional storm water management plan for the City of Corpus Christi and the City's extraterritorial jurisdiction within the unincorporated areas of Nueces County with the engineering firm of Camp, Dresser and McKee, Inc., in conjunction with Archie Walker Engineering, Inc. The foregoing motion passed by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye." Mayor Turner called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 2 thru 10, and City Manager Garza announced that there will be a short presentation on Item 2. Mayor Turner declared that Item 8 has been withdrawn at the request of the City Secretary, and Council Members requested that Item 4 be withheld for discussion. There were no comments from the audience on the other items. Police Chief Garrett spoke on Item 2, approving a supply agreement for police uniforms, and introduced police officers who modeled the new police uniforms. _utes Regular Council Meeting December 4, 1990 Page 4 Mayor Turner expressed concern that the local distributor does not have a chance to compete in the open market with a manufacturer. She suggested that the City should make it clear to the distributor that they are going directly to the manufacturer. Council Member McComb pointed out that state law specifies that the City has to go with the low bid for the taxpayers. Mayor Pro Tem Martin interjected that the local distributor is aware of whether his manufacturer is going to be bidding directly or whether they fair trade their items. He expressed the opinion that it should not be up to staff to advise the local distributor that there may be a manufacturer bidding. City Secretary Chapa polled the Council for their votes and the following were passed: 2. M90-312 Motion approving a supply agreement for police uniforms in accordance with Bid Invitation No. BI -0017-91 with the Fechheimer Brothers Company, Cincinnati, Ohio based on total low bid for an estimated annual expenditure of $79,771. The term of the contract shall be twelve months with an option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted for FY90-91. The foregoing motion passed by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye." 3. M90-313 Motion approving the purchase of equipment necessary to upgrade the present sewer line TV system in accordance with Bid Invitation No. BI -0057-91 from Cues, Inc., Orlando, Florida, for the amount of $43,200 based on sole source. The equipment is used by Wastewater Services Department for TV inspection of sewer lines and is included in the 1990-91 Capital Outlay. The foregoing motion passed by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye." 5. ORDINANCE NO. 21033 APPROVING AMENDMENT NO. 4 TO THE ENGINEERING SERVICES CON TRACT WITH SMITH & RUSSO TO DESIGN IMPROVEMENTS TO AYERS STREET, FROM BALDWIN BOULEVARD TO SANTA FE STREET, FOR A FEE NOT TO EXCEED $17,987; AND DECLARING AN EMERGENCY. _ -lutes Regular Council Meeting December 4, 1990 Page 5 An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye." 6. FIRST READING AMENDING THE CODE OF ORDINANCES, CHAPTER 53, TRAFFIC, SECTION 53-254, SCHEDULE V, TO INCREASE THE SPEED LIMIT ON LEOPARD STREET FROM 30 MPH TO 40 MPH BETWEEN REHFIELD ROAD AND THE MISSOURI -PACIFIC RAILROAD CROSSING; AND REPEALING ORDINANCE 20868. The foregoing ordinance passed on first reading by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye." 7. FIRST READING AMENDING THE CODE OF ORDINANCES, CHAPTER 53, TRAFFIC, BY AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN PORTIONS OF AGNES STREET, CIMMARON BOULEVARD, SOUTH STAPLES STREET, AND YORKTOWN BOULEVARD. The foregoing ordinance passed on first reading by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye? 8. WITHDRAWN ESTABLISHING A RECORDS MANAGEMENT PROGRAM FOR THE CITY OF—CORPUS—CHRISTI AND PRESCRIBING POLICIES AND PROCEDURES FOR ITS IMPLEMENTATION CONSISTENT WITH THE LOCAL COVERNMENT RECORDS ACT. 9. SECOND READING AMENDING THE CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, SECTION 2-151, STEERING COMMIT IEE, TO REDUCE THE NUMBER OF MEMBERS ON THE STEERING COMMI IEEE OF THE SISTER CITY COMMII'1'hE FROM 21 TO 15; THAT SAID REDUCTION OCCUR BY ATTRITION AS SET FORTH IN THE ORDINANCE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. __.lutes Regular Council Meeting December 4, 1990 Page 6 The foregoing ordinance passed on second reading by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye." 10. SECOND READING AMENDING THE RULES AND REGULATIONS OF THE PLATTING ORDINANCE OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR AMENDMENTS IN CONFORMITY WITH CHAPTER 212 OF THE TEXAS LOCAL GOVERNMENT CODE; AMENDING PROCEDURES AND CONDITIONS FOR APPLICATION, STAFF REVIEW, SUBMISSION FOR PLANNING COMMISSION APPROVAL, AND FILING FOR RECORDATION OF A PLAT, REPLAT, OR PLAN OF A LOT, SUBDIVISION, OR ADDITION OF LAND INSIDE THE CITY OF CORPUS CHRISTI OR WITHIN FIVE MILES OF THE CITY LIMITS. The foregoing ordinance passed on second reading by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye." t i t i n******* 1 On Item 4, regulation of plastic bags, Council Member McComb moved to amend the resolution by inserting the word "voluntary" in sections 1, 2, 3, and 4 of the resolution so that it is clear that it is a voluntary program and not something that will be enforced by the City. The motion was seconded by Council Member Guerrero. Council Member Rhodes expressed the opinion that to pass a resolution instead of an ordinance is practically useless. She suggested that the consumers be given the choice of whether they would like paper or plastic bags. The motion passed by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss and Schwing voting, "Aye'; Rhodes voting, "No." There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following resolution was passed, as amended. 4. RESOLUTION NO, 21032 ENDORSING AND ENCOURAGING THE USE OF PAPER BAGS AS THE BAG TO BE PROVIDED TO RETAIL CONSUMERS BY ALL STORES LOCATED WITHIN THE CITY OF CORPUS CHRISTI, INCLUDING BUT NOT LIMITED TO, GROCERY STORES, SUPERMARKETS, PRODUCE STORES, _ _.mites Regular Council Meeting December 4, 1990 Page 7 DEPARTMENT STORES, SPECIALTY STORES, VARIETY STORES AND OTHER SIMILAR STORES PROVIDING RETAIL SERVICES TO CONSUMERS. The foregoing resolution passed, as amended, by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss and Schwing voting, "Aye"; Rhodes abstaining. s a s s :: s s s s s a s Mayor Turner called for consideration of Item 11, the third reading of the ordinance amending the electrical code requiring electric utility companies to obtain permits and comply with National Electrical Code standards for certain exterior lighting installations. City Manager Garza advised that the third reading was delayed at the request of five Council Members to allow time for the Electrical Advisory Board and representatives from CP&L to meet and work out an agreement. He reported that they met and the Electrical Advisory Board has not changed its position, stating that the Board and staff stand by the earlier recommendation that the electrical code be amended by adopting the ordinance previously passed on first and second readings. Mr. Bill Miller, 239 Bayshore, expressed support of the ordinance and stressed that safety is a problem. He stated that he attended the meeting between CP&L and the Electrical Advisory Board and that no action by the Board was possible because CP&L would not alter their proposal. He suggested that an amendment be made to the ordinance by the insertion of language in regard to exceptions. Discussion followed and Mayor Pro Tem Martin remarked that he is not prepared to vote on an amendment. He questioned whether there is a safety issue. Council Member Galindo also expressed his concerns and voiced that the support material has been very poor. Council Member Guerrero expressed the opinion that safety is not the issue and raised the question of how many people have been injured by CP&L. Mr. David Hooper, Area Manager for CP&L, responded to specific questions raised by the Council and affirmed that they are willing to work out a proposal with the Electrical Advisory Board. He stated that no counter proposal was made at the meeting. Council Member Rhodes expressed the opinion that safety is not the real issue. She emphasized that CP&L is being given a competitive advantage. _.nutes Regular Council Meeting December 4, 1990 Page 8 Mr. Larry Majors, 209 Portsmouth Drive, Chairman of the Electrical Advisory Board, presented material to the Council and expounded on the National Electrical Code and the National Electric Safety Code. Discussed at length was the subject of established rights of private property. Bill Hennings, Director of Development Services, responded to questions raised by Council Member McComb and emphasized that there is no record of any accidents that have been caused by CP&L's security lighting but that the new standards would provide additional safeguards. He stated that the entrance of power companies into the security lighting business is relatively new and the electrical codes were written prior to that development. Council Member McComb expressed concern because other cities do not have such requirements and he sees no need for Corpus Christi to enact them. After a broad discussion, Council Member Guerrero moved to table this issue and force the two entities into a bargaining situation that will result in a decision that will not have so many exceptions. The motion was seconded by Council Member Moss and failed to pass by the following vote: Galindo, Guerrero, Moss and Schwing voting, "Aye"; Turner, Martin, Hunt, McComb and Rhodes voting, "No." City Secretary Chapa polled the Council for their votes and the following ordinance was passed on third reading: 11. ORDINANCE NO. 21034 AMENDING THE CODE OF ORDINANCES, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, SECTION 13-93, PERMITS AND FEES, TO REQUIRE PERMITS FOR ELEL11tIC UTILITY COMPANIES TO INSTALL EXTERIOR LIGHTING. The foregoing ordinance passed on third reading by the following vote: Turner, Martin, Galindo, Hunt and Rhodes voting, "Aye"; Guerrero, McComb, Moss and Schwing voting, "No." Mayor Turner opened the public hearing on the assessment hearing for street improvements to Ayers Street, between Baldwin Boulevard and Norton Street, indicating assessments of $191,931.18 on 33 items. ...mutes Regular Council Meeting December 4, 1990 Page 9 City Attorney George explained the procedures and stated that the hearing is required for the City to prove that the property assessed will be enhanced at least in the amount of the assessments. He called as his first witness, Mr. Carl Crull. Through questioning of Mr. Crull, Mr. George determined that he is the Director of Engineering Services for the City of Corpus Christi and is a registered professional engineer in the State of Texas with a degree in Civil Engineering. Mr. Crull provided background information and described the project. He reported that the low bid price was submitted by Asphalt Paving and Construction Company; total bid price is $1,277,524.50; preliminary assessments are $191,931.18; and the City's portion is $1,085,593.32. He informed the Council that the City Secretary's office received a letter from AMP' Bowling Centers objecting to the assessments, and there are also properties near Arlington Street that share parking which have one driveway. He stated that staff has contacted the other property owners and they are willing to share in the cost of the driveway. Mr. Crull advised that the sharing of the cost of the driveways is not reflected in the preliminary assessment roll but will be reflected in the final assessment roll. City Attorney George called as his next witness, Mr. George Paraskevas. Through questioning of Mr. Paraskevas, Mr. George determined that he is a real estate broker and appraiser and has been appraising both commercial and residential property for seventeen years. 'Mr. Paraskevas testified that he is familiar with the project; he has examined each parcel; and he has examined the assessment roll and the amounts proposed to be charged. Mr. George inquired of Mr. Paraskevas if, in his opinion, each parcel along the street improvement project would be enhanced at least in the amount of the assessment. Mr. Paraskevas testified that it is his professional opinion that the properties being assessed in this street improvement will be enhanced to at Least the amount of the improvement. Mrs. Patsy Lopez, a property owner on Ayers, raised questions in regard to the access road, and Mr. Crull explained to Mrs. Lopez that the access road is on private property, and the City has not proposed to do any improvements on the private property. In response to a question about the driveways, Mr. Crull advised Mrs. Lopez that she contact the voluntary paving office, noting that any additional improvements can be done at her cost. Deputy City Manager Jesus Garza stipulated that his office will meet with Mrs. Lopez and address her concerns. Mr. John Head, owner of American Cleaners, 3300 Ayers, inquired if the head -in parking would be eliminated, and Mr. Crull replied that head -in parking will be allowed. Mr. Brant Oaker, representing relatives who own property on Ayers Street, stated that the property is vacant and is for sale. He inquired when the assessments would have to be paid, and Mr. Crull expounded on the various ways to pay the assessments, stating _ .nutes Regular Council Meeting December 4, 1990 Page 10 that payment is not due until the completion of the project. He pointed out that if the property is sold, the assessment goes with the ownership of the property. Council Member Moss moved to close the public hearing; seconded by Council • Member Galindo and passed unanimously by those present and voting. Mayor Turner opened the public hearing on the following zoning application: 13. Case No. 1090-2. Group One Real Estate: For a change of zoning from "R -1B" One - Family Dwelling District and "AB" Professional Office District to "B-4" General Business District on Lots 1A and 3, Block 1, Gardendale Unit No. 2 located on the south corner of Everhart Road and Williams Drive. Mayor Turner stated that the Planning Commission and staff recommend approval of a "B-4" General Business District on Lot 1A and denial of a "B-4" General Business District on Lot 3. Mayor Turner inquired if the recommendation is acceptable to the applicant, and the reply was affirmative. No one spoke in opposition to the zoning application. A motion was made by Mayor Pro Tem Martin to close the public hearing; seconded by Council Member Hunt and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: ORDINANCE NO. 21035 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF GROUP ONE REAL ESTATE BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 1A, BLOCK 1, GARDENDALE UNIT NO. 2, LOCATED AT THE SOUTH CORNER OF EVERHART ROAD AND WILLIAMS DRIVE, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Martin, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Galindo and Guerrero absent at the time the vote was taken. .._.Mutes Regular Council Meeting December 4, 1990 Page 11 Mayor Turner opened the public hearing on the following zoning application: 14. Case No. 1090-3. Texas One Inc.: For a change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lot 2, Block 2, Gray Village Unit 2, located along the northwest side of Everhart Road, approximately 196 feet southwest of McArdle Road. Mayor Turner stated that the Planning Commission and staff recommend approval of the application. No one spoke in opposition to the zoning application. A motion was made by Council Member Rhodes to close the public hearing; seconded by Council Member Hunt and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: ORDINANCE NO.21036 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF TEXAS ONE, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 2, BLOCK 2, GRAY VILLAGE UNIT 2, LOCATED ALONG THE NORTHWEST SIDE OF EVERHART ROAD, APPROXIMATELY 196 FEET SOUTHWEST OF McARDLE ROAD, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO 13-1" NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Martin, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Galindo absent at the time the vote was taken. Mayor Turner announced that Item 15 will be the last public hearing and she will not participate in the hearing due to a conflict of interest. Mayor Turner opened the public hearing on the following zoning application: 16. Case No. 1190-1. Vestland: For a change of zoning from "AB" Professional Office District to 'B-1" Neighborhood Business District on Lots 39, 40, 41 and 42, Block 814, Port Aransas Cliffs, located on the east side of South Alameda Street, approximately 150 feet south of Rossiter Street. _._sautes Regular Council Meeting December 4, 1990 Page 12 Mayor Turner stated that the Planning Commission and staff recommend denial of the 'B-1" District, and in lieu thereof, recommend approval of a Special Permit for a floral/gift shop, subject to three conditions. Mayor Turner inquired if the recommendation is acceptable to the applicant, and the reply was affirmative. No one spoke in opposition to the zoning application. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Galindo and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: ORDINANCE NO. 21038 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF VESTLAND BY GRANTING A SPECIAL COUNCIL PERMIT FOR A FLORAL/GIFT SHOP ON LOTS 39, 40, 41, AND 42, BLOCK 814, PORT ARANSAS CLIFFS, LOCATED ON THE EAST SIDE OF SOUTH ALAMEDA STREET, APPROXIMATELY 150 FEET SOUTH OF ROSSITER STREET; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye." s s s s s s s s a s s s s Mayor Turner opened the public hearing on the following zoning application: 17. Case No. 1190-2. Lone Star Shrimp Hatchery (a.k.a Chung Mei Shrimp Farm): For a change of zoning from "B -2A" Barrier Island Business District to "I-2" Light Industrial District on Lots 6A through 20A, Lots 6B through 2013, and Lots XA and XB, Block 17, Section 16, Padre Island No. 1, located between San Felipe Drive and Encantada Avenue and between Palmira Avenue and South Padre Island Drive (Park Road 22). Mayor Turner stated that the Planning Commission and staff recommend denial of the "I-2" District, and in lieu thereof, recommend approval of a special permit for a shrimp hatchery use, subject to three (3) conditions. Mayor Turner inquired if the special permit was acceptable to the applicant, and he replied in the affirmative. .._.nutes Regular Council Meeting December 4, 1990 Page 13 Because of a show of hands when Mayor Turner inquired if anyone was opposed to the special permit, she called for the staff presentation. Michael Gunning, a City planner, presented slides of the land use maps and described the zoning in the surrounding area. Mr. Michael Yates, the applicant, 550 Industrial Drive, Port Isabel, General Manager of Lone Star Hatchery, gave a slide presentation to introduce the industry and to better understand what the site will be used for. He elaborated on the life cycle of the shrimp and displayed a plan of the entire area. Mr. Yates stated that the facility will be maintained to the highest standard of hygiene; that there will be no odor; and that they will have to secure permits from thirteen governmental bodies before they can build the hatchery. He ascertained that they will comply 100 percent with the requirements and obtain all the necessary permits. He stressed that the water which will be discharged from the hatchery will be of a better quality than what is presently in the canals. A brief question and answer period ensued. Mayor Turner supported the shrimp hatchery but expressed reservations about the location because it is not compatible with the residential area. Planning Director Harvey stated that the zoning ordinance does not address this type of use, a shrimp hatchery, as opposed to a shrimp processing plant. He elaborated on the reasons for the recommendation, stating that the special permit was recommended because it is designed to handle types of uses that are not typical. He stated that the special permit designated that the full eight acres of the subject zoning request cannot have access to Palmira Avenue and twenty feet of the private property adjacent to that right of way must be one hundred percent landscaped. He described the adjacent zoning and indicated that a precedent would be set to consider special permits with special mitigating conditions to make the use fit into a residential area. Mr. Jan Rehler, an attorney representing Padre Island Investment Corporation and Gulf Isles, Ltd., spoke in opposition to the special permit. He explained the two entities and stated that they own a lot on Palmira Avenue and hundreds of lots in the area. He indicated that they would like to maintain community development in the area. Mr. Rehler remarked that the project is desirable but not at this location. He expressed concern that they will not have access to Palmira Avenue and about the precedent it will be setting. Council Member McComb expressed distress that the project was meeting resistance on the Island because nothing is happening on the Island. ...mutes Regular Council Meeting December 4, 1990 Page 14 In response to Council Member Moss, Mr. Rehler explained that there was not an oral presentation made to the Planning Commission, but they did express written opposition. Council Member Rhodes spoke in support of the project and expressed the opinion that the facility would make a good tourist attraction. Mr. Bill Goin, President of the Padre Island Property Owners Association, requested the Council to delay any action on this application to grant a special permit. He identified their various concerns and stated that they feel there are too many unknowns in the project. A discussion followed in regard to delaying the project in order for the applicant to meet with the parties in opposition. Council Member Hunt moved to table this item for sixty days to allow the parties the opportunity to get together and work out the problems to the satisfaction of all parties. The motion died for lack of a second. Mayor Pro Tem Martin elaborated on the application process, pointing out that it has gone through the Planning Commission and was published in the paper. He made a motion to continue the public hearing for two weeks and request the parties to be available to each other to answer questions that need to be answered. The motion was seconded by Council Member Rhodes. Mr. Wayne Bowen, Corpus Christi Area Economic Development Corporation, spoke in favor of the application, He stated that Mr. Yates did make a presentation to the Padre Island Home Owners Association and at that time, there was no objection made to the proposal. He stated that Mr. Yates has also made a special presentation to some of the principals in the Padre Island Investment Corporation, stating that there has been a lot of discussion with the principals on the Island who were involved in this case. Mr. Richard Nichols, 14238 Almeria, a property owner in the area, spoke in support of the project and suggested that the buildings should be architecturally pleasing to the residential area. Mr. Arthur Montalvo, 704 Atlantic, expressed opposition to polluting the water. Mr. Thomas Riley, 14314 Bluefish, expressed various concerns about power and pump failures or a bad source of water in the Gulf of Mexico. Mr. Yates responded to the various concerns, elaborating on the water quality. He reiterated that they will discharge a much higher quality of water into the canals. He discussed the appearance of the buildings, stating that they will look attractive and blend into the neighborhood. He stated that they have a backup generator to run the pump and ounutes Regular Council Meeting December 4, 1990 Page 15 to supply aeration. In response to the concern about the red tide, he stated that they have a large reservoir to back them up. After a brief conversation, Mayor Pro Tem Martin amended his motion to continue the public hearing for one week. Mrs. Rhodes, who seconded the motion, agreed to the amendment. The motion passed unanimously. CONTINUED FOR ONE WEEK AMENDING THE ZONING ORDINANCE UPON APPLICATION OF LONE USE ON LOTS 6A THROUGH 20A, LOTS 6B THROUGH 20B, AND LOTS XA AND XB, BLOCK 17, SECTION 16, PADRE ISLAND NO. 1 LOCATED BETWEEN SAN FELIPE DRIVE AND ENCANTADA AVENUE AND BETWEEN PALMIRA AVENUE AND SOUTH PADRE ISLAND DRIVE (PARK ROAD 22); AND DECLARING AN EMERGENCY. ::.s=..:::s.: Mayor Turner opened the public hearing on the following zoning application: 18. Case No, 1190-3. A.C. Gilmore: For a change of zoning from "B-1" Neighborhood Business District to "13-4" General Business District on Lot 7A, Block 2, Alameda Estates, located on the southeast side of Robert Drive, approximately 73 feet southwest of Delano Drive. Mayor Turner stated that the Planning Commission and staff recommend approval of the application. No one spoke in opposition to the zoning application. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Galindo and passed unanimously by those present and voting. In response to a question posed by Council Member Rhodes, Planning Director Harvey expounded on the adjacent zoning and land use and implied that no comments were received in opposition to the application. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: ORDINANCE NO. 21039 ....nutes Regular Council Meeting December 4, 1990 Page 16 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF A. C. GILMORE BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 7A, BLOCK 2, ALAMEDA ESTATES, LOCATED ON THE SOUTHEAST SIDE OF ROBERT DRIVE, APPROXIMATELY 73 FEET SOUTHWEST OF DELANO DRIVE, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye." Mayor Turner announced that she has filed a Conflict of Interest Affidavit on Item 15 and will not participate in the discussion or the vote. Mayor Pro Tem Martin opened the public hearing on the following zoning application: 15. Case No. 1090-5, American Medicorp Development Company: For a change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District oh Fisher School Tract, consisting of Mary Grett Memorial School and Fisher Elementary School, located at the southeast corner of Texan Trail and Fort Worth Street. Mayor Pro Tem Martin stated that the Planning Commission and staff recommend approval of the application. No one spoke in opposition to the application. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Moss and passed unanimously; Turner absent. In response to a question from Council Member Rhodes, Planning Director Harvey explained the types of buildings which will be used in the expansion of the existing hospital facilities. City Secretary Chapa polled the Council for their votes and the following ordinance was approved: ORDINANCE NO. 21037 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF AMERICAN MEDICORP DEVELOPMENT COMPANY BY CHANGING THE ZONING MAP IN REFERENCE TO THE FISHER SCHOOL IRACT, i...nutes Regular Council Meeting December 4, 1990 Page 17 CONSISTING OF MARY GRETT MEMORIAL SCHOOL AND FISHER ELEMENTARY SCHOOL, LOCATED AT THE SOUTHEAST CORNER OF TEXAS TRAIL AND FORT WORTH STREET, FROM "A-1" APARTMENT HOUSE DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Turner abstaining. Mayor Pro Tem Martin called for reports from the Council, and there were none. Mr. Martin then called for petitions from the audience on matters not scheduled on the agenda. Mr. James Cook, 13765 Eaglesnest Drive, remarked about the Homeport facility and made suggestions in regard to the use of the land. Mr. Jesse Hix, 2622 Segrest, proposed that the City provide a facility for the Veterans Band to practice in. Mr. Arthur A. Montalvo, 704 Atlantic, read a prepared statement in reference to City parks and mental health. Mr. Raymond Hasker, 1813 Wallace, made statements in regard to the recent Ethics Hearing. He expressed the opinion that a four to four vote does not constitute a rejection of the charges made against Mayor Turner. He also implied that the system should be corrected. Mayor Pro Tem Martin commented in regard to the system and the Ethics Ordinance and expressed the opinion that it is a pity that individuals choose not to live within the system. Mr. Martin then called for the City Manager's report. City Manager Garza referred to the workshop meeting scheduled for 11 a.m. next week and declared that he would like to schedule the meeting at 10:30 a.m. because there is a bid opening on the bonds scheduled for 11:30 a.m. The Council went into closed session pursuant to the Texas Open Meetings Act, under Article 6252-17, Section 2(e), V.A.C.S., and other applicable laws to receive attorney's advice concerning firefighter collective bargaining. ...,nutes Regular Council Meeting December 4, 1990 Page 18 There being no further business to come before the Council, Mayor Pro Tem Martin declared the Council Meeting adjourned at 5:45 p.m. on December 4, 1990. 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 December 4, 1990, which were approved by the City Council on December 11, 1990,. WITNESSETH MY HAND AND SEAL, this the 29th day of January, 1991. Armando Chapa City Secretary