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HomeMy WebLinkAboutMinutes City Council - 05/12/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 12, 1982 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky City Manager Edward Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend Edwin Harvey of All Saints Episcopal Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Bob Gulley. City Secretary Hill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally , constituted meeting. Mayor Jones noted the issuance of the following proclamations: "NATIONAL POLICE WEEK' - May 9 - 15, 1982, "TRANSPORTATION WEEK" - May 16 - 22, 1982, "NATIONAL DAY OF PRAYER' - May 6, 1982, "SAFETY PATROL WEEK' - May 16 - 22, 1982, "MOBIL AFFILIATE ARTIST WEEK" - May 10 - 15, 1982, "ARMED FORCES DAY BEACH -TO -BAY RELAY MARATHON" - May 15, 1982 and "PALMCREST BAPTIST CHURCH DAY" - May 16, 1982. ********** Mayor Jones recognized Mr. Sam Allen, Chairman of the Bayfront Downtown Development Committee of the Chamber of Commerce. Mr. Allen explained that that Committee was charged with identifying certain priorities. He stated that the Committee was composed of seven members of the Chamber of Commerce and they contacted twenty-one different boards, commissions and organizations, seventeen of which responded to their questions. MICROFILMED 19 i9 Minutes Regular Council Meeting May 12, 1982 Page 2 He informed the Council that they had received a total of 158 suggestions, some of which overlapped, and they set up ten categories'of priorities as follows: (1) Traffic transportation and parking in the downtown area; (2) the establishment of a theme of the retail area downtown; (3)'landscaping, shops and people -oriented areas on the- bayfront; .(4) housekeeping and general maintenance of the City in this area; .(5) security in the downtown area including better lighting; (6) additional land mass; (7) improvements within the Bayfront, Arts and Science Park including better access, entrance to the barge dock, more parking and better signage; (8) reopening of the Bluff tunnel; (9) additional boat slips and (10) encouragement of additional hotel development within the Bayfront area. He requested that the Council implement this priority list as soon as possible. Mr. Allen stated that the Committee had identified these projects as'short and long-term projects and they felt that the area that needed immediate implementation was the traffic situation particularly with the widening of I11 37 and Shoreline. He stated that he understood that funds for this are available. Mr. Allen noted that the landscaping, benches and additional police patrols had already started. He expressed the opinion that the improvement of the Shoreline -Peoples Street intersection could be implemented. He explained to the Council that they did not address the means by which the other things could be funded. City Manager Martin stated that the Staff has been waiting for this type of input and these suggestions could be considered as well as the studies and plans that are already in existence. He informed Mr. Allen that the Staff would be glad to meet with this Committee to study both the previous studies and these suggestions to determine the exact status of some of the projects that are already in progress. Mayor Pro Tem Turner urged that the City go forward on this and suggested that they start by charging •the Committee with general kinds of goals. She stated that she would like to have developed a schematic plan for some of the items recommended even though some of the projects would not be accomplished for many years. A motion was made by Mayor Pro Tem Turner that the Staff provide a report on the Chamber of Commerce recommendations with some plans and schematics of the improvements. Minutes Ragular Council Meeting May 12, 1982 Page 3 Council Member Kennedy stated that the critical part of the program is that this is is what the people of Corpus Christi have asked for but there are probably two or three key areas that the Council should concentrate on. He referred in particular to the land mase proposed and suggested that an answer be provided within six or eight weeks on this subject. He expressed the opinion that the Council should move in an orderly fashion on the recommendations and expressed the opinion that a large part of these improvements could be addressed during the current year. Mayor Jones agreed that there should be some plan for private enterprise to develop small eating places and small shops along the bayfront. Council Member Zareky suggested that the Staff provide a report on these recommendations before the Council takes any action. City Manager Martin stated that in terms of actually implementing the priorities, he would like to meet with the Committee first, noting that he will provide a report on the costs, etc. Mayor Pro Tem Turner's motion died for lack of a second. Mayor Jones called for Board and Committee appointments and reviewed the names considered during the morning Workshop meeting. A motion was made by Council Member Gulley to confirm the following appointments, seconded by Mayor'Pro Tem Turner and passed unanimously. Solicitations Commission: Benny Benavides Traffic Safety Advisory Board: Term to Expire: 7-10-84 Thomas J. Hetzel (Reappointment) 4-30-85 Jan Patton (Reappointment) 4-30-85 Clifton L. Moss (Reappointment) 4-30-85 Frank Garcia 4-30-83 Sister City Committee: Harry Plomarity (Reappointment) 5-01-85 Robert Schakelford (Reappointment) 5-01-85 Eileen Benton (Reappointment) 5-01-85 Claude Melton (Reappointment) 5-01-85 Gloria Rodriguez (Reappointment) 5-01-85 Johnny S. Alaniz (Reappointment) 5-01-85 Mrs. Fred Morin 5-01-85 Mrs. Alice Milloy 5-01-85 Minutes Regular Council Meeting May 12, 1982 Page 4 Building Code Board of Appeals: Lee Hines (Reappointment) Jack Van Horn (Reappointment) 5-04-86 5-04-86 Municipal Industrial Commission: (Nominated by the Mayor and appointed by the Council) Mark Hulings 1-26-84 Richard King, III 1-26-84 Ivan Wilson 1-26-84 Airport Advisory Board: Robert Welch Joe Longoria Bruce Crowe Hayden Head (Reappointment) Clarence Priour (Reappointment) Pauline Glasson (Reappointment) Dick Bowers (Reappointment)- ********** Mayor Jones announced the bid opening on the following engineering project: 1. Agnes/Laredo Triangle Development Project. This 5th year Community Development Project consists of landscaping the existing median island at the Agnes/Laredo/21st Street intersection which includes planting, installing an irrigation system and concrete and electrical work. A 'statue of the Spanish explorer, Alonzo de Pineda, will be furnished by the Westside Businessmen Association for erection in a raised, lighted planter within the median. The City has executed an agreement with the Association providing for the City to pay the Association $10,000 partial payment for construction of this statue. The $10,000 is part of the $44,000 budgeted for art support in the 1981-82 Tourist and Convention Development Fund Budget. Mr. James K. Lontos, P.E., Assistant City Manager, opened bids on this project from the following firms: B & B Builders; Bay, Inc.; Garzels Corporation; K & B Constrution Company; E. J. Netek Construction Company; Savala's Construction Builders, Inc.; and American Roofing and Construction Company. Mr. Lontos verified that the required bid security bond or check had been submitted with each bid. He noted that the bid from Garzels Corporation specified that their total for Alternate B was qualified. Mayor Jones expressed appreciation to those who had bid on the project and stated that the bids will be tabled for 48 hours, pursuant to the requirements of the City Charter and referred to the Staff for tabulation and recommendation. Minutes Regular Council Meeting May 12, 1982 Page 5 ********** Mayor Jones announced the consideration of actions of the City Council by motion on the following items: 1. An agreement be approved with Saratoga Downs Associates, developers of Saratoga Downs Subdivision, providing for the developer agreeing to construct an 8' x 6' bridge crossing at Triple Crown Drive and dedicating an 80 foot wide drainage right-of-way. The bridge would be constructed when the developer plats property on the side of the drainage channel opposite Saratoga Downs Subdivision Unit 1B which is currently in the platting process. The subdivision is located on the east side of Greenwood Drive near Saratoga Boulevard. 2. An agreement with Sherrod Construction Company be approved relative to the development of the London House Apartments on Wooldridge Road between South Staples Street and Airline Road. The agreement would provide for the following: a) Permit the installation of a drainage retention pond on the apartment site. b) Require the construction of a 42" and 72" diameter off-site storm sewer to the location of the future Wooldridge -Staples drainage channel. c) Deposit with the City $29,750 as the developer's cost to excavate a pilot ditch in the future Wooldridge -Staples channel. d) Provide for the City approving the plat for the first phase apartment construction in the 20 -acre site and issuance of a building permit. The plat for the property has been approved by the Planning Commission. Bids for an off-site sanitary sewer have been received but details for financing construction of the line are being worked out with the developer, and as such, the staff will formulate a 'recommendation on the sanitary sewer at a later date. 3. A public hearing be held June 2, 1982 on the closure request of Caribbean Drive from Roscher Drive to the Cayo del Oso. This 40 -foot wide unimproved street was dedicated before 1900. A previous street closure hearing was held on this portion of Caribbean Drive in September, 1979, but the request was denied, as the street provided access to the Oso Bay. Previous policy has been to not close streets that lead to water in order to preserve the view and provide access to the bays. For this reason, closure of the street is not recommended. 4. An additional wheel loader with 12' backhoe be purchased for the Aviation Division on the basis of low bid from Girard Machinery Co., Corpus Christi, of $21,179.00. This equipment is included in the 1981-82 Budget. Three bids were received. The equipment will be used in cleaning ditches and maintaining and repairing the Airport grounds. 5. A twelve months supply agreement for approximately 80 fire hydrants for the Water Division to be used as replacements for worn hydrants, hydrants damaged by vehicular accidents or in waterline rehabilitation projects be awarded to Clow Corporation of Oskaloosa, Iowa on the basis of low bid of $32,152.80. Six bids were received. Prices are approximately the same as the previous contract of April, 1981. Minutes Regular Council Meeting May 12, 1982 Page 6 6. Bids be received June 1, 1982 for twelve months supply agreement for clay sewer pipe and fittings consisting of approximately 60,825' of 4"-15"clay pipe and 6400 related fittings for the Wastewater Services Division. 7. Bids be received June 1, 1982 for twelve months supply agreement for brass and galvanized service fittings, consisting of approximately 12,600 brass and 1135 galvanized fittings to be used by the Gas and Water Divisions. 8. Bids be received June 1, 1982 for approximately 313 tons of fine filter sand for the Water Division. The sand is used to filter water at the Cunningham and Stevens Water Treatment Plants and is included in the 1981-82 Budget. The sand is needed to return the filters to the design depth to insure high quality treatment. Sand has been lost through normal operation (backwash) of the filters. 9. One replacement bowl assembly for a Byron Jackson 11,000 gallon per minute pump at the Stevens Water Plant be purchased from Fluid Power Equipment, Inc., Houston, on the basis of low bid of $12,915. Four bids were received. Prices have increased approximately 20% since last purchase in November, 1980.' A new bowl assembly is needed to keep the pump from losing capacity to meet pumping demand. Rebuilding of the pump is included in the 1981-82 Budget. 10. Bids be received June 1, 1982 for a prefabricated storage building, including reinforced concrete slab and erection, for the Traffic Signs and Markings Division. This expenditure is included in the 1981-82 Revenue Sharing Budget. The building is needed to store pickup trucks, a paint truck, painting machines and barricades and signs. This equipment is currently stored outside. Storage inside will provide protection from moisture and corrosion extending the life of the equipment. 11. Bids be received June 1, 1982 for twelve months supply agreement for approximately 1,063 175 -cubic feet to 10,000 -cubic feet gas meters and 2,815 5/8" to 2" water meters. 12. A permit for Go1d1Cing Production Company to drill a well from a regular location two miles north of the Tule Lake Lift Bridge in Nueces Bay be granted. The State Tract 746 Well No. 2 will be drilled as a straight hole to a depth of 13,000 ft. No exceptions to the Bay Drilling Ordinance are requested. 13. Bass Enterprises Production Co. application for a permit to drill a well from a regular location 9300 ft. south of the ship channel right-of-way and approximately four miles southwest of Port Aransas, Texas, be granted. The State Tract 390 Well No. 2 will be drilled as a straight hole to a depth of 9000 ft. No exceptions to the Bay Drilling Ordinance are requested. 14. Prodeco Exploration, Inc. application to drill a 10,500 ft. well from a regular location in Corpus Christi Bay be granted. The State Tract 22 Well No. 1 will be directionally drilled 1,123 ft. from a surface location 5 miles east of Corpus Christi Beach and 4,150 ft. north of the ship channel right-of-way in State Tract 29. No. exceptions to the Bay Drilling Ordinance are requested. 15. The following action be taken regarding MH -MR: a. An intergovernmental agreement be approved between the City and Nueces County whereby the City and the County agree to jointly purchase the property located at 1626 South Brownlee currently referred to as the "Old American Legion Building". The total purchase price of said property is $60,000, the City agreeing to pay $42,556 and the County paying the remaining $17,444 with the City's portion to be derived from the $42,556 that was generated from the sale of the City -owned property located at 823 Furman Avenue. Minutes Rdgular Council Meeting May 12, 1982 Page 7 b. A lease agreement be approved between the City, Nueces County and the Nueces County Mental Health -Mental Retardation Community Center (MH -MR) whereby the City and the County lease to MH -MR the above -indicated property. The term of this lease will be five years with a five-year renewal option to become effective upon execution. MH -MR agrees to pay the Lessors the sum of $10 as rental for the full term of this lease which will become due and payable upon execution. The lease provides for MH -MR to make all necessary alterations and repairs to the premises as well as payment of all utilities and insurance. 16. A twelve months supply agreement for uniforms for Police, Airport Security Guards and School Crossing Guards be awarded to Famous Department Store, Corpus Christi, on the basis of low bid meeting specifications of $57,360.23. The apparent low bid of $35,525.60 by Martin's Kaufman Uniforms of San Antonio did not meet specifications in two major areas. The trousers bid were 100% polyester instead of 55% dacron and 45% wool. Also, local alteration service is not available. All alterations would have to be performed in San Antonio. These were the only two bids received. Price comparison shows an increase of approximately 5% since the last contract. The City pays 100% of the cost of Airport Security Guard and School Crossing Guard uniforms. The City also pays 100% of the initial allotment of Police uniforms and any uniform damaged in the line of duty. The police officer pays for the replacement of any uniforms due to normal wear and tear and receives a $25 per month maintenance allotment. 17. An assignment agreement be executed transferring the Producers Grain Corporation industrial district agreement to interstate Grain Corporation. The property covered by •the agreement consists of approximately 54 acres and is located north of Up River Road at its intersection with Lantana Road. Interstate Grain has recently purchased Producers Grain and has executed an assignment agreement assuming Producers' industrial district contract. Several Council Members indicated that they would like to have items 3, 12, 13 and 14 discussed before they are passed. A motion was made by Mayor Pro Tem Turner that items 1 to 4, 5, 6, 7, 8, 9, 10, 11, 15, 16 and 17 be approved as presented; seconded by Council Member Dunphy; and passed unanimously. Mayor Jones referred to item 3 in regard to a public hearing on the closing of Caribbean Drive and inquired as to why this was being heard for the second time. City Secretary Read stated that this was the prerogative of the Council and since the applicant had made the request, it was up to the Council to decide whether or not the hearing should be set. Council Member Kennedy stated that he did not see any reason to have a second public hearing on this subject since nothing has changed to alter the situation. City Attorney Aycock stated that if the applicant had not complied with the conditions that were brought forth during the first public hearing, he saw no reason to set another public hearing and he expressed the opinion that the Minutes Regular Council Meeting May 12, 1982 Page 8 Council is not required to hold this public hearing. City Secretary Read informed the Council that street closing requests formerly were handled by his Office and he did not recall seeing anything in the Charter to the effect that the Council can deny a request for a public hearing. City Attorney Aycock reiterated that the applicant has not made the concessions set forth during the last public hearing. Council Member Zarsky expressed the opinion that the applicant has the right to come before the Council at any time and he feels that the Council should make the decision as to whether or not a public hearing should be held. Council Member Hawkins referred to items 12, 13, and 14 pertaining to applications for drilling and inquired if these were presented before the Bay Drilling Committee. Mr. Bill Hennings, Assistant City Manager, explained that unless there is an exception to the Bay Drilling Ordinance, the applications do not have to be presented by the Bay Drilling Committee. He displayed a map showing the locations allowing the drilling. Mayor Jones pointed out that there have been over 600 wells drilled in Corpus Christi Bay; there are 200 in the bay at this time; and the City has never had any oil spills in the bay. Council Member Dumphy questioned Mr. James Conn, Petroleum Superintendent, about the well at the Airport. Mr. Conn replied that the company is almost ready to go forward at this time. Mr. Dumphy continued by stating that he had heard some very complimentary remarks about the City Staff and their cooperative attitude with the oil companies. Council Member Zarsky referred to item 11 and inquired if the number of gas meters to be purchased was not an unusually large number and City Manager Martin explained that this is a normal twelve months supply. Mr. Zarsky then inquired about the report he had requested on portable fire hydrants. Assistant City Manager Lontos stated that he had not been able to find any City that uses portable fire hydrants, and even though he had been in southern Europe on a recent trip, he had not been able to locate any cities that use this type of hydrant. 'lutes pular Council Meeting ly 12, 1982 Page 9 There were no further questions from the Council or comments from the audience on these items. A motion was made by Mayor Pro Tem Turner that items 3, 12, 13 and 14 be approved; seconded by Council Member Kennedy; and passed unanimously. ********* Mayor Jones announced the consideration of the new ordinances. The Council indicated that they had questions about several of the ordinances. A motion was made by Mayor Pro Tem Turner that ordinances c, e, and h be brought forward; seconded by Dumphy; and passed unanimously. Council Member Zarsky referred to the ordinance listed as "a" closing Janet Drive and inquired about the report on Mustang Trail extension. Mr. Utter explained that the Planning Commission discussed this 'subject very briefly during their meeting on Tuesday night and indicated that they will discuss it at length in two weeks, following which a report will be presented to the Council. Mr. Lontos informed the Council that the original request for closure of the two streets involved not only streets but also several easements. He located these easements on a transparency. Mayor Jones referred to ordinance b which authorized the acquisition of a parcel of land at the northeast corner of the Carroll High School property at the intersection of Weber and Tiger Lane and inquired as to the purpose of the acquisition. City Manager Martin explained that the Staff is of the opinion that the right-of-way should be obtained while it is available for use in the Tiger Lane from Weber to Flynn Parkway improvements. Assistant City Manager Lontos located the parcel on a transparency and explained the planned improvements as included in the 1982 Bond Issue. Mayor Jones referred to Ordinance f authorizing the condemnation for acquisition of Parcels 4, 4A, 4B and 4C for the Wooldridge -Staples Outfall Drainage Project and asked who the Commissioners are that are mentioned in the accompanying memo. Minutes Regular Council Meeting May 12, 1982 Page 10 Mr. Lontos explained that this refers to the Condemnation Court Commissioners which actually consist of three citizens appointed by the Court. Mayor Jones referred to item g which pertained to the Bayfront Plaza Site Development Contract, Phase I anis asked about the barricade bills. Mr. Lontos stated that when this project was in progress, a convention was also being held and there was a need for additional barricades; the City authorized them; the Staff feels that the contractor should pay for some of the barricades; and in the final settlement, the contractor will be required to pay $1,213.00 for the barricades which will be deducted from his payment. Mr. Martin further explained that the barricade equipment is rented from individual companies. Council Member Kennedy noted that this project was very, late on the completion date and inquired as to why more penalties were not charged the company. Assistant City Manager Lontos stated that the penalty charge is $100 per day; the City did take responsibility for some of the delays because of changes; and some bad weather did occur during the construction project. He explained in detail some of the delays. City Manager Martin pointed out that if the City establishes a penalty charge that is too high, the prices bid by the contractor will be much higher to take care of the possibility of penalties and the City needs to take all of this into consideration. Mayor Pro Tem Turner also questioned the reason for allowing the contractor to have an overrun of over one year. Mr. Lontos explained that the Staff has no authority to change the length of time of the contract unless they inititate change orders that increase the scope of the job. Mayor Pro Tem Turner stated that she is still concerned about the policy of granting so much extension to contractors and asked what could be done to correct this situation. City Manager Martin stated that when contracts are awarded in the future, the Council might try to remember that certain contractors have gone beyond their completion date in the past on projects. He also expressed the opinion that $100 per day is about as much as can reasonably be charged. Minutes Regular Council Meeting May 12, 1982 Page 11 Council Member Gulley stated that if $100 per day has been the policy for charges for many years, then it should be increased since all other costs have been increased. He suggested that the Staff consider a reward system for early completion to provide an incentive for the contractors to complete the job in a shorter period of time. Mayor Jones called for comments from the audience on these ordinances and there was no response. The Council then considered the second and third reading ordinances. There were no comments from the audience on these ordinances: City Secretary Read polled the Council for their votes; and the following were passed: FIRST READING: CLOSING AND ABANDONING A 10 -FOOT UTILITY EASEMENT, A 5 -FOOT PORTION OF WHICH IS OUT OF MT. VERNON SUBDIVISION NO. 3 AND A PORTION IS OUT OF PADRE -STAPLES MALL; CLOSING AND ABANDONING TWO 10 -FOOT UTILITY EASEMENTS PREVIOUSLY RETAINED THROUGH THE CLOSING OF MT. VERNON DRIVE; CLOSING AND ABANDONING ALL OF JANET DRIVE FROM THE NORTH RIGHT OF WAY LINE OF MT. VERNON DRIVE TO THE SOUTH RIGHT OF WAY LINE OF MCARDLE ROAD AND MT. VERNON DRIVE FROM LENORA DRIVE TO JANET DRIVE, SUBJECT TO CONDITIONS SET FORTH HEREINAFTER. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 17029: AUTHORIZING ACQUISITION OF PARCEL NO. 2 FOR THE TIGER LANE - WEBER TO FLYNN PARKWAY IMPROVEMENTS PROJECT AND APPROPRIATING $20,426 FOR THE SAID ACQUISITION, APPRAISAL SERVICES AND INCIDENTAL COSTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 17030: AUTHORIZING ACQUISITION OF PARCEL NO. 9 FOR THE CARROLL LANE - STAPLES TO BRAWNER PARKWAY AND PADRE ISLAND DRIVE TO TIGER LANE STREET IMPROVEMENTS PROJECT AND APPROPRIATING $3651 FOR THE SAID ACQUISITION AND INCIDENTAL COSTS: AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins,. Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 17031: APPROPRIATING $1,017.50 FOR SUBSURFACE INVESTIGATION RELATIVE TO THE FIVE POINTS AREA OUTFALL PROJECT, PHASE I, BY TRINITY ENGINEERING TESTING CORPORATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Minutes ' Regular Council Meeting May 12, 1982 Page 12 ORDINANCE NO. 17032: AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH URBAN ENGINEERING FOR DESIGN OF ' INTERIM IMPROVEMENTS TO THE ALLISON WASTEWATER TREATMENT PLANT, AND APPROPRIATING $52,000 FOR THE SAID ENGINEERING CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 17033: AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE FOUR PARCELS FOR THE WOOLDRIDGE-STAPLES DRAINAGE OUTFALL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 17034: APPROPRIATING $28,692.05 FOR COST OVERRUNS ON THE BAYFRONT PLAZA SITE IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". RESOLUTION NO. 17035: RESOLUTION APPROVING AN AGREEMENT BY CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION TO ISSUE A BOND FOR MASTER HOST INN - SANDY SHORES AND THE BOND RESOLUTION PROVIDING FOR THE ISSUANCE OF SUCH BOND, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dunphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Gulley, "Nay". SECOND READING: DELETING THE PRESENT PROVISIONS OF SECTION 53-257. SCHEDULE VIII, PARKING METER ZONES ESTABLISHED, AND IN LIEU THEREOF ADOPTING NEW PROVISIONS AS MORE FULLY SET FORTH HEREINAFTER. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 17036: AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY ADDING AND DELETING VARIOUS STREETS AS MORE FULLY SET FORTH HEREINAFTER. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 17037: AMENDING THE CODE OF ORDINANCES TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR OPERATING LIMOUSINE AND SIGHTSEEING SERVICES. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Minutes Regular Council Meeting May 12, 1982 Page 13 Mayor Jones announced the public hearings on four zoning applications. Assistant City Manager Tom Utter announced the public hearing on Applications Nos. 482-4 and 482-5T, Mr. Glenn W. Taylor, noting that 482-4 is a request to change from "R -1B" One -family Dwelling District to "B-4" General Business District on a 0.94 acre tract out of the Nueces River Irrigation Park Annex No. 1, located on the north side of FM 624 approximately 400 feet west of County Road 69. He stated that Application No. 482-5T is to amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.37 setting forth a zoning classification of "B-4" General Business District on 3.82 acres, more or less, out of Annex No. 1, Nueces River Irrigation Park, when annexed to the City located 200 feet north of the north right-of-way line of FM 624 and approximately 400 feet west of County Road 69. Mr. Utter informed the Council that both the Planning Commission and the Planning Staff recommend approval of both of these applications. He stated that six notices of the public hearing had been mailed; two in favor and one in opposition had been returned; and explained that a portion of the land to be used for storage buildings was outside the City limits. He stated that the 20% rule is in effect on Application No. 462-4. Mr. Larry Wenger, Acting Director of the Planning Department, located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area and stated that the plan is to locate a bank on this tract of land. He noted that the property outside the City limits is not affected by the 20% rule. Mayor Jones called on the applicant to speak. Mr. Bob Gunter, Gunter Engineering, representing Mr. Taylor the applicant, stated that he really had no comments but will be glad to answer any questions. No one else spoke in regard to this application. A motion was made by Mayor Pro Tem Turner to close the hearing on both applications, seconded by Council Member Hawkins, and passed unanimously. A motion was made by Council Member Dunphy that the change of zoning be approved on both applications, seconded by Council Member Gulley. Minutes Regular Council Meeting May 12, 1982 Page 14 Council Member Hawkins noted that one of the letters of opposition was from a Mr. Janssen. He inquired about the statement attached to Mr. Janssen's returned notice. Mr. Utter read the letter of opposition in which Mr. Janssen objected primarily because of the flooding of his property as a result of this development, noting that Mr. Janssen stated that the water should drain to Highway 69 but it no longer did so after the development of this property and he was of the opinion that it would be impossible for him to develop his property with housing. Mr. Wenger explained that the developer must resolve the drainage problem so that it does not flood other property owners' land. He stated that this will be resolved through the platting process. The motion to approve the applications passed unanimously. Assistant City Manager Utter announced the public hearing on Application No. 482-6, Mr. Wilbur Hermis, for change of zoning from "8-1" Neighborhood Business District and "R -1B" One -family Dwelling District to "B-4" General Business District on Lots 20, 21 and 22, Block 5, Gardendale No. 2, located on the west side of South Staples Street at the South Staples Street and Bonner Drive intersection. Mr. Utter noted that the Planning Commission recommends approval and the Planning Staff recommends denial but in lieu thereof, that a special permit be approved which will require a site plan to protect the "R-18" area, prevent the intrusion of commercial use into the neighborhood by not having buildings front on Bonner Street, provide limited access to Staples to assure continued traffic movement and to limit curb cuts on Bonner which could interfere with residential traffic. He stated that twenty-two notices of the public hearing had been mailed to area residents and eleven in favor and none in opposition had been returned. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, noting that the business property is occupied by four separate businesses and showed slides of the area. Mr. Wenger stated that the area to the rear has a house located on it which faces on Bonner. He pointed out to the Council that if this area is zoned "B-4", the property could be sold for separate businesses that would have access on Bonner Drive which is L. Minutes I$tegular Council Meeting -,May 12, 1982 c�a9e 15 -,a residential street. , Mayor Pro Tem Turner noted that there ,are already businesses that have access on Bonner and denying this applicatioT would serve no purpose. Mr. Wenger explained that the Staff recommends a special permit in order to prohibit several businesses from having several accesses on Bonner and the Staff also recommends that the major access be on Staples Street with only one access on Bonner. Mayor Jones called on the applicant to speak. Mr. Garron Dean, representing Mr. Hermis, explained that the property has not been sold but the plan is for development of the property. He stated that the property is for sale and it is their understanding that there will be only one building located there. He informed the Council that the applicant objects to the special permit because they might want more than one access on Bonner Drive. Mr. Utter emphasized the fact that there are no immediate plans for development of this tract. No one else spoke in regard to this application. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Council Member Gulley that Application No. 482-6 be approved for "B-4" zoning, seconded by Mayor Pro Tem Turner. Council Member Dunphy pointed out that some nice buildings are being constructed in that area. Mayor Jones commented that apparently there is only one reason for changing the zoning of this property and that seems to be to increase the value of the property since there is no prospect of an immediate sale. Council Member Gulley stated that he agreed with that but he still feels that this is the proper zoning for this piece of property. The motion passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones voting, "No". ********** Assistant City Manager Utter announced the public hearing on Text Amendment to the Zoning Ordinance as follows: Amend Article 27, Supplementary Height, Area, and Bulk Requirements, Section 27-3 Modification of Area Regulations, Subsection 27-3.03 by adding one new paragraph to be numbered 27-3.03.06. Minutes Regular Council Meeting May 12, 1982 Page 16 For lots within a water oriented subdivision due to the openness created by the various waterways within the subdivision the front yard may be reduced to not less than 10 feet, provided this reduced front building line is indicated on the face of the original plat of the subdivision. Private garages, detached or attached to the main building shall maintain a yard of 20 feet from such garage entrance to the street right-of-way. A water oriented subdivision is a subdivision along any bay, gulf, cove, canal, lagoon, or pass and shall be a marina type development which shall include canals, channels, and waterways adjacent to at least 20% of the lots. within the subdivision. Mr. Utter explained that these changes are designed to aid the people on Padre Island and the Staff feels that this will provide a solution to the problems that they have in zoning their property. He stated that the Staff had initiated this zoning application and the Planning Commission recommends approval with the substitution of the words, "recorded plat" for "original plat" and the last line of the first paragraph of 27-3.03.06. No one spoke in regard to this zoning application. A motion was made by Council Member Zarsky that the hearing be closed, seconded by Mayor Pro Tem Turner, and passed unanimously. A motion was made by Council Member Zarsky to approve the Text Amendment to the Zoning Ordinance and the Amendment to the Platting Ordinance/ seconded by Council Member Dumphy/ and passed unanimously. ********** Mayor Jones announced the recessed public hearing on the following matter: Reorganized Church of Jesus Christ of Latter Day Saints from "R -1B" to "A-1" on Lots 12A and 128, Katherine Carroll Subdivision, located on the south side of Carroll Lane. The public hearing on this case was recessed last week to give the developer a chance to prepare a site plan. The Planning Commission recommends denial, but in lieu thereof, "R-2" be approved. The 20% rule is in effect. Mr. Utter explained that this was the recessed public hearing on the zoning case which was heard the preceding week. Mayor Jones called for any new information that was available. Mr. Utter reviewed the case and stated that there was a question of a number of units to be allowed under a special permit noting that the Staff recommended "R-2" zoning. -3' Minutes Regular Council Meeting ,May 12, 1982 QQ17 Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and stated that it is in an "R -1B" area with the exception of one apartment complex. He stated that "R-2" zoning will allow eighteen units on this tract of land. Mr. Utter noted that some of the Council Members had indicated that they would not approve more than six units for this development. Reverend Don Rose, minister of the church, stated that their buyer has decided not to purchase the land and another buyer refused to purchase the land if only six units are allowed to be constructed. He explained to the Council that members of the church congregation had developed a petition of their own which he read and noted that it mentioned that no more than ten units would be built on the property; the units would not have a back view of the neighboring property; the builder would have to construct a privacy fence; and eleven property owners signed the petition indicating that they would not object to such construction under those conditions. Mr. Rose assured the Council that they are willing to work with the neighbors and with that thought in mind, they plan to conduct public hearings in their church building to discuss the plans for development of their property. He stated that appraisers, real estate people, etc. have indicated that multiple -family use would be the only practical plan for this tract of land. He pointed out that there are three other apartment complexes on Carroll Lane. He also explained that they need $100,000 to construct their new church and this is dependent upon their sale of this property. He also mentioned the fact that he realized that the neighbors had a number of complaints about the Cottonwood Apartments but pointed out that they had been allowed to operate in violation of the City Code, particularly in regard to their head -in parking in front of the building. Mayor Pro Tem Turner asked Mr. Rose if the limitation of ten units was acceptable to the church's prospective purchaser, and Mr. Rose stated that one buyer indicated that he would have to construct from ten to twelve units in order to make a profit_ Mayor Pro Tem Turner then expressed appreciation to Reverend Rose for the efforts of his congregation to get along with their neighbors. Minutes Regular Council Meeting May 12, 1982 Page 18 Mayor Jones inquired if this could be approved as a special permit, and Mr. Wenger replied that the plan would have to be approved by that method in order to limit the number of units. Mayor Jones called for comments from citizens who had not spoken at the previous public hearing. ' Mr. Terry O'Leary, 4402 Greensboro, a member of the congregation, pointed out that they have made several compromises but none of the neighbors have offered to make' any compromises. He urged approval of a special permit according to the terms of the petition that they had prepared. Speaking in opposition to this zoning change was Mrs. Kathryn Shelton, 3530 Pecan Street. She stated that her house is directly behind the church and their objection is that they have a number of problems with the residents of the Cottonwood Apartments and she was of the opinion that additional apartments would create more congestion and trespassing. Mr. James Holman, 3510 Cottonwood, stated that he lives directly across from the subject property. He questioned the number of people who signed the church's petition who actually live on Cottonwood. He expressed opposition to the zoning because of the traffic that already exists there. Council Member Kennedy inquired if there is anything the City can do to alleviate the traffic problem. Mr. Utter explained that he had discussed this with the Traffic and Transit Department and they have been advised to prohibit the head -in parking in front of the existing apartment units. Mr. Jim Kraut, 3514 Cottonwood, also expressed opposition to the zoning change because of the congestion and the possibility that these additional apartments will further aggravate their problems. He reminded the Council that most apartments are built on major streets and this is a deadend street and not suitable for an apartment complex. Mayor Pro Tem Turner explained that the Council wants to allow some type of permit and inquired if Mr. Kraut would object to "R-2" zoning with only six units. Mr. Kraut stated that if the units were limited to eight or less, he would not object. Also speaking in opposition was Mrs. Lisa Shook, 1329 Ray Drive. She •sta*' that she lives directly behind the subject tract and explained that the r Hies RegWiar Council Meeting May 12; Minutes Regular Council Meeting May 12, 1982 Page 20 been developed. Council Member Hawkins stated that he was of the opinion that a lot of the problems could be resolved if the neighbors on Cottonwood Street would obtain a petition requesting street improvements. Council Member Dumphy asked the Staff to investigate the illegal parking at the existing Cottonwood Apartments to be sure that they are in compliance with the existing City Code. The motion to approve a special permit with conditions passed unanimously. City Secretary Read presented the zoning ordinances approved during the public hearings. He polled the Council for their votes and the following ordinances were approved: ORDINANCE NO. 17038: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF GLENN W. TAYLOR BY CHANGING THE ZONING MAP IN REFERENCE TO A 0.94 ACRE TRACT OUT OF THE NUECES RIVER IRRIGATION PARK ANNEX NO. 1 FROM "R -1B" ONE -FAMILY DWELLING 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: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, absent at the time the vote was taken. ORDINANCE NO. 17039: AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 31-5 BY ADDING THERETO A NEW SUBSECTION, TO BE NUMBERED 31-5.37 SETTING FORTH ZONING CLASSIFICATION ON THE DESCRIBED TRACT OF LAND, WHEN ANNEXED TO THE CITY OF CORPUS CHRISTI, SAID TRACT BEING DESCRIBED AS 3.82 ACRES, MORE OR LESS, OUT OF ANNEX NO. 1, NUECES RIVER IRRIGATION PARK; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, absent at the time the vote was taken. ORDINANCE NO. 17040: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF WILBUR HERMIS BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 20, 21, AND 22, BLOCK 5, GARDENDALE NO. 2 FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT AND "R -1B" ONE -FAMILY DWELLING 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: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Guley, absent at the time the vote was taken. ORDINANCE NO. 17041: AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 27, SUPPLEMENTARY HEIGHT, AREA, AND BULK REQUIREMENTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, absent at the time the vote was taken. Minutes Regular Council Meeting 'i ay 12, 1982 Page 21 ********* Mayor Jones called for comments from the audience on matters not listed on the agenda. Mr. Jack Gordy, 5802 Everhart, Apartment 10A, addressed the Council in regard to City vehicles. He expressed opposition to the use of so many City vehicles and questioned the need for them to drive the vehicles to and from work, stating that he felt that it was impossible that 400 employees would be on call at night. Mayor Jones explained to Mr. Gordy that the Counci will be discussing the use of City vehicles during the first part of June. Council Member Kennedy informed Mr. Gordy that he also was concerned about the use of vehicles and assured him that the entire process is being reviewed at this time. There being no further business to come before the Council, on motion by Council Member Gulley, seconded by Mayor Pro Tem Turner and passed unanimously, the meeting was adjourned at 5:25 p.m., May 12, 1982.