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HomeMy WebLinkAboutMinutes City Council - 07/07/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 7, 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 Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend Gilbert Davila of Iglesia de Dios, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Bob Gulley. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Pro Tem Betty Turner informed the Council that she is a sponsor of the Persian Little Miss Kickball Team and this year, the team won All -City in the kickball league. She explained the tournaments .that they had won and noted that this is a teenage league. She stated that they will play in the district contest at Laguna Field in Flour Bluff. She then introduced Mr. Robert Puente and his family, who is the coach of the team, following which he introduced the members of the team. Mr. Puente explained that the age for teenage league is 14 to 18 and gave a brief history of the formation of the kickball league. He also explained that the Persian Little Miss Kickball Team does not have a home field. Council Member Zarsky stated that he understood that they would be allowed to play at Bill Witt Park and Mr. Puente informed him that until they have an area established they cannot used Bill Witt Park. He then presented a plaque to ISKEILMED SEP 191984 linutes Regular Council Meeting July 7, 1982 Page 2 Mayor Pro Tem Turner expressing appreciation of the Padre Little Miss Kickball League. Mayor Jones suggested that City Manager Martin instruct the staff to work with the league to establish a home field for the team. Mayor Jones then noted the issuance of the following proclamations: "ROSE GARZA DAY" - July 4, 1982 and "SGT. ENRIQUE GARCIA APPRECIATION DAY" - July 10, 1982. ********** Mayor Jones called for Board and Committee appointments and reviewed those discussed during the morning Workshop Meeting. A motion was made by Council Member Zarsky that the following appointments be confirmed, seconded by Mayor Pro Tem Turner, and passed unanimously: HUMAN RELATIONS COMMISSION: TERM TO EXPIRE: Charles Kaler, Jr. 6-14-85 Lloyd W. Holmes 6-14-85 Armando Reyna 6-14-85 Barbara Canales "youth" 6-14-83 Rod Goode "youth" 6-14-83 Miriam Rose Gonzales "youth" 6-14-83 MUNICIPAL ARTS COMMISSION: Mrs. Elizabeth Kirkland SR. COMMUNITY SERVICES ADVISORY BOARD: David W. Tutt ********** 9-01-83 12-26-83 A motion was made by Council Member Zarsky that the Minutes of the Regular Council Meeting of June 23, 1982 be approved as presented; seconded by Mayor Pro Tem Turner; and passed unanimously. ********** Mayor Jones announced the consideration of Actions of the City Council by Motion on the following items: 1. Plans and specifications for the Spohn Hospital Area Street Improvement project be approved and bids be received August 4, 1982. This 6th Year Community Development project provides for reconstructing portions of Furman, Hancock, Buford, Booty, Third, Fifth, Sixth, and Seventh Streets in the area adjacent to and north of Spohn Hospital. In addition to street reconstruction, new water lines will be installed in approximately 50% of the streets in the project. Lawnview Street from Ayers to Booty Streets is being considered for closure as part of the project. finutes Regular Council Meeting July 7, 1982 Page 3 2. An agreement with ten property owners (developers) in the Creekway Subdivision area be approved regarding the construction of the Creekway lift station. These individuals own five large tracts of land in the Creekway Subdivision area and have agreed to construct the Creekway sanitary sewer lift station at their own expense. The City would agree to the construction of the lift station and to the development of their properties utilizing the lift station. Only two of the five tracts involved (Sugar Ridge and Creekway Subdivisions) currently have sewer service through the existing Everhart Road system. The remaining three tracts cannot develop until the future South Staples Street trunk sewer is constructed in accordance with the Master Plan. 3. A contract be executed with J. M. Pranter for outside -city -limits water service to Lot 4-B, Block 1, Brezina Farm Tracts, a previously platted subdivision located east of Cabaniss Field and south of Saratoga. Under the terms of the contract, Mr. Pranter agrees to annexation of the lot when it becomes contiguous to the City. 4. Approximately 313 tons of fine filter sand for the Water Division be purchased from Texas Mining Co., Dallas, based on low bid of $20,461.46. Three bids were received. The sand is used to filter water at the Cunningham and Stevens Water 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. 5. A twelve months supply agreement for brass and galvanized service fittings for use by the Water and Gas Divisions be awarded on the basis of low bid to the following: Southwest Meter Company, Marshall 9,720 3/4"-2" brass service fittings and 275 1" angle ball valves $ 46,868.25 Coastal Pipe and Supply, Brownsville 1,000 3/4" and 1" ball valves and 1,605 3/4" angle ball valves $ 50,618.00 Rockford -Eclipse Division, Rockford, 111. 1,135 1" - 2" galvanized meter stops $ 11,228.20 Grand Total - $108,711.45 Seven bids were received. Price comparison shows an increase of approximately 1% on the brass service fittings and decreases of 1% on the 3/4" and 1" ball valves, 4% on the angle ball valves and 20% on the galvanized meter stops since the previous contract of May, 1981. The decreases in prices are a result of an expanded bidders list increasing competition. 6. Twenty used sedans and a station wagon be purchased from the following on the basis of low bid: Hertz Corporation, Richardson, Texas 4 replacement subcompact sedans 12 replacement and 3 additional compact sedans 1 replacement intermediate sedan Total - $ 19,784 80,850 6,290 $106,924 linutes Regular Council Meeting July 7, 1982 Page 4 Pagan Lewis Motors, Corpus Christi 1 compact station wagon Total - $ 5,543 Grand Total - $112,467 The three additional compact sedans are for the Police Department for the additional officers added in Criminal Investigation in the 1981-82 Budget. Bids were received from six firms. 7. A six months supply agreement for flexible base (caliche) be approved with the following on the basis of low bid meeting specifications: South Texas Construction, Corpus Christi, Texas 7,000 tons Ayers Stockpile - $6.60 per ton , $46,200 3,000 tons Zone 3 (Flour Bluff -Padre Island area) - $7.05 per ton 21,150 Total - - $67,350 The apparent low bid of Bay, Inc., Corpus Christi of 86.25 per ton on the Ayers Stockpile is not recommended because the company did not submit the required lab report so a determination could be made as to whether the caliche bid met the specifications. Also, the apparent low bid of $5.25 per ton on the Ayers Stockpile and $5.85 per ton on the Zone 3 material by Heldenfels Bros., Inc., of Corpus Christi did not meet the plasticity index requirements of the specifications. Price comparison shows a decrease of approximately 3%. Three bids were received. 8. Authorizing execution of an agreement between the City and the Harbor Playhouse Company providing for the City to pay $5,000 for partial payment for construction of a Youth Theatre wing to be added to the Harbor Playhouse. The $5,000 is available as part of the $44,000 budgeted for Arts Support in the 1981-82 Tourist and Convention Development Fund budget. City Manager Martin referred to item 6 which called for the purchase of used sedans and a station wagon from two firms and stated that the reason for the purchase of the used vehicles is to save City funds. He noted that the colors of the vehicles will be different but they will have the City decal placed on them to identify them as City vehicles. Mayor Pro Tem Turner inquired if the City still plans to reduce the overall size of the fleet of vehicles and City Manager Martin confirmed that this was true. Mr. Tom Basile, Administrative Assistant in the City Manager's Office, stated that he had conducted a study and mentioned that Dallas had purchased such used vehicles very successfully. Council Member Zarsky referred to item 2 and inquired if this was a plan to allow developers to go in and put in lift stations. Mr. James K. Lontos, P.E., Assistant City Manager, explained that the lift station referred to is in accordance with the City's Master Plan; it will be linutes Regular Council Meeting July 7, 1982 Page 5 located on Everhart Road and he then explained the effect it will have on future development in the area. He explained that the Creekway Subdivision will have the right to use the lift station and other subdivisions in the area may have to wait until the future South Staples Street trunk sewer is constructed in accordance with the Master Plan. He continued his explanation by stating that the policy will probably require a sewer charge of $800 per acre if a developer wants to tie on to an existing sewer system. * Council Member Charles Kennedy arrived at the meeting at 2:21 p.m. Council Member Gulley referred to item 8 in regard to an agreement between the City and Harbor Playhouse and pointed out that the money included for this purpose is set aside for the Municipal Arts Commission for recommendation for the allocation of funds. He noted that there seems to be an effort when funds are allocated for some purpose for the organization to rush to spend the funds before the fiscal year is completed. He questioned why all of the funds have to be spent. Council Member Kennedy stated that it was his understanding that the Municipal Arts Commission were of the opinion that any money left over could not be transferred to next year's budget, therefore, they have recommended the use of these funds. He stated, however, that this is not the case, since some of the funds can be carried over to next year's budget. Council Member Gulley expressed the opinion that any board or department should not feel that they must spend all of the funds before the fiscal year is ended. Mayor Jones agreed but stated that these are the facts of life -- every organization and entity does the same thing. There were no comments from members of the audience on these items. A motion was made by Mayor Pro Tem Turner that the foregoing actions be approved, seconded by Council Member Dumphy, and passed unanimously. ********** Mayor Jones called for consideration of Action by the City Council by Ordinance referring, in particular, to the new ordinances. Council Member Zarsky referred to the first reading of the ordinance approving the CP&L rates and inquired if the company would make any appeals prior to the third reading of the ordinance. linutes Regular Council Meeting July 7, 1982 Page 6 City Manager Martin stated that it was his understanding that CP&L will make an appeal to the Public Utility Commission at some time. Mayor Jones referred to the first reading of the 30 -year lease agreement with the T -Head Marina and inquired if any rooms other than the restrooms would have to be maintained by the City. Assistant City Manager Tom Utter stated that the City will provide janitorial service and the Marina Staff will have the duty to provide this maintenance. City Manager Martin pointed out that the Marina Office will be in close proximity to the facility. There were no comments from the audience on the new ordinances. A motion was made by Council Member Dumphy that the new ordinances be brought forward at the appropriate time, seconded by Mayor Pro Tem Turner and passed unanimously. Mayor Jones then called for consideration of the second and third reading ordinances. Council Member Kennedy questioned the procedure to be followed in connection with the third reading of the ordinance adopting a code of ethics for City officials and employees. City Manager Martin explained that the code of ethics would include bidders who submitted bids on jobs, leaseholders, franchiseholders and stated that the code of ethics would apply to people who work for the City. He stated that companies submitting bids or proposals to the City will have to provide disclosure statements to be sure that a conflict of interest does not exist. Mayor Pro Tem Turner referred to the third reading of the 10 -year lease with Hidden Harbor Associates for the food and liquor concession at the Airport and inquired if it was clear in the contract as to where the vending machines will be placed. Mr. Martin explained that the game room location has not been worked out yet. He noted that the machines referred to in the ordinance are the usual vending machines such as cigarette machines, etc. City Attorney Aycock stated that there is an amendment to this ordinance to be considered prior to third reading. linutes Regular Council Meeting July 7, 1982 Page 7 Assistant City Attorney Coffin explained that these are merely housekeeping changes that were discovered after the second reading. He explained that the bank interest terminates in 1990 and at that time, the lease will continue in effect for the periods specified. He explained further that instead of an assignment from the bank for eight years, there will be a sublease. Mr. Tom Hale, representing Hidden Harbor Associates, stated that he understands the reason for the amendment and concurs with it. There were no further comments on the second and third reading ordinances. A motion was made by Council Member Gulley to approve the amendment to the Hidden Harbor Associates ordinance, seconded by Council Member Zarsky, and passed unanimously. A motion was made by Mayor Pro Tem Turner that the second and third reading ordinances be considered at the appropriate time, seconded by Council Member Zarsky, and passed unanimously. City Secretary Read polled the Council for their votes and the following ordinances were approved: FIRST READING: MAKING FINDINGS OF FACT; APPROVING CHANGES IN RATES, WHICH, IF IMPLEMENTED IN ALL AREAS SERVED BY CENTRAL POWER AND LIGHT COMPANY, WOULD BE REASONABLY CALCULATED TO YIELD AN ADDITIONAL $72,862,000 PER ANNUM IN REVENUES TO CENTRAL POWER AND LIGHT COMPANY; APPORTIONING THE REVENUE INCREASE TO EACH CLASS OF SERVICE; AUTHORIZING THE COMPANY TO IMPLEMENT WITHIN THE CITY CHANGES IN RATES EFFECTIVE JULY 29, 1982. 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". FIRST READING: AUTHORIZING EXECUTION OF A 30 -YEAR LEASE AGREEMENT WITH T -HEAD MARINA FOR CONSTRUCTION OF A MARINA OFFICE, FUEL STATION, PUBLIC RESTROOMS, PATIO/BAR RESTAURANT AND RETAIL SALES CONCESSION AREA FACILITIES ON THE LAWRENCE STREET T -HEAD. 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. 17107: CLOSING THE HEARING ON STREET IMPROVEMENTS FOR KENTNER STREET, FROM PALMETTO STREET TO CLAREMORE STREET; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. linutes Regular Council Meeting July 7, 1982 Page 8 The Charter Rule was suspended following vote: Jones, Turner, voting, "Aye". ORDINANCE NO. 17108: AMENDING ORDINANCE NO. 16833 BY WALDRON ROAD STREET IMPROVEMENTS; The Charter Rule was suspended following vote: Jones, Turner, voting, "Aye". ORDINANCE NO. 17109: and the foregoing ordinance passed by the Dumphy, Gulley, Hawkins, Kennedy and Zarsky AMENDING SECTION 3 TO CORRECT ASSESSMENTS FOR AND DECLARING AN EMERGENCY. and the foregoing ordinance passed by the Dumphy, Gulley, Hawkins, Kennedy and Zarsky AUTHORIZING A CONTRACT WITH ISLES CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE LAKEVIEW ACRES/MAUI DRIVE SANITARY SEWER IMPROVEMENTS; APPROPRIATING $73,000 FOR THE SAID PROJECT; 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. 17110: AUTHORIZING AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR EXPRESSWAY LIGHTING ON THE SOUTH PADRE ISLAND DRIVE OSO BAY BRIDGES AND APPROPRIATING $43,700 AS THE CITY'S SHARE; 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. 17111: CLOSING AND ABANDONING UNUSED PORTIONS OF RIGGAN STREET, ELIZABETH STREET AND 19TH STREET RIGHTS OF WAY, MORE FULLY DESCRIBED HEREINAFTER; 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". SECOND READING: ESTABLISHING A CABLE COMMUNICATIONS COMMISSION, PROVIDING RULES FOR MEMBERSHIP AND ORGANIZATION, AND OUTLINING ITS DUTIES. 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". SECOND READING: ORDERING AN ELECTION TO BE HELD IN THE CITY OF CORPUS CHRISTI, TEXAS ON THE 14TH DAY OF AUGUST, 1982, UPON THE QUESTION OF ADOPTING AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND THAT SUCH ELECTION SHALL BE HELD JOINTLY WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT ELECTION; SETTING FORTH THE PROPOSITION TO BE VOTED ON AT SUCH ELECTION; AND PROVIDING FOR SEVERABILITY. 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". 9inutes Regular Council Meeting July 7, 1982 Page 9 THIRD READING - ORDINANCE NO. 17112: AMENDING CHAPTER 2 OF THE CODE OF ORDIANNCES BY ENACTING A CODE OF ETHICS FOR OFFICIALS AND EMPLOYEES OF THE CITY AND REPEALING SECTION 2-238. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 17113: AUTHORIZING THE CITY MANAGER TO EXECUTE FIVE SEPARATE LEASE AGREEMENTS WITH CAR RENTAL COMPANIES FOR CAR RENTAL CONCESSIONS AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 17114: AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROVE A SUBLEASE AGREEMENT BETWEEN THE FIRST CITY BANK (FORMERLY CORPUS CHRISTI BANK & TRUST COMPANY), TRUSTEE, HIDDEN HARBOR ASSOCIATES AND THE CITY OF CORPUS CHRISTI, COVERING THE RESTAURANT FACILITIES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT TO PROVIDE A FOOD AND LIQUOR CONCESSION, FOR A TERM OF TEN YEARS WITH AN OPTION TO RENEW FOR FIVE YEARS. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ********** Mayor Jones announced the public hearing on four zoning applications. Assistant City Manager Tom Utter announced the public hearing on Application 682-6, Ms. Ceola Punchard, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Lots 3 and 4, Kennedy Place, located on the west side of Kennedy Avenue, approximately 150' south of West Broadway. Mr. Utter informed the Council that the Planning Commission recommends approval and the Planning Staff recommends denial. He stated that 22 notices of the public hearing had been mailed with one in favor and one in opposition being returned. Mr. Larry Wenger, Acting Director of the Planning Department, located the property on the zoning and land use map, described the land use in the surrounding area and showed slides taken in the vicinity. He pointed out that most of the property is occupied with single-family homes and stated that the owner of this property plans to develop a duplex apartment. He explained that the existing structure was moved on to this lot and it could be used for single-family dwelling if the zoning is not approved. Mayor Jones ascertained that no one was present to represent the applicant. Minutes Regular Council Meeting ruly 7, 1982 Page 10 Speaking in opposition to the change of zoning was Mrs. Ida Jones, 2821 Peabody, who stated that her residence is one block from the subject property: She explained to the Council that she purchased the property with the assumption that it would remain zoned for single-family use. She stated that there is an apartment behind her house which has four units and there are too many people living in that small space; there is inadequate parking; and there is no space for the children who reside there to play. Council Member Hawkins referred to the Minutes of the Planning Commission meeting in which the applicant indicated that she only wants to construct duplexes. He suggested that a special permit for duplexes would be more appropriate than the "A-1" zoning. No one else spoke in regard to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Zarsky, and passed unanimously. A motion was made by Mayor Pro Tem Turner that the requested zoning for Application No. 682-6 be denied, seconded by Council Member Hawkins and passed unanimously. ********* Assistant City Manager Utter announced the public hearing on Application No. C682-2, City of Corpus Christi, for change of zoning from "B-4" General Business District to "R-2" Multiple Dwelling District on Lots 17 through 32, Block 8, Portairs Addition, located on the west side of Kilgore Street between Gollihar Road and Alexandria Street. Mr. Utter explained that the owner of the property, Mr. Sam Susser, is opposed to the change of zoning. He informed the Council that forty-nine notices of the public hearing were mailed and four in favor and nine in opposition had been returned. He stated that the Planning Commission recommends denial and the Planning Staff recommends approval and noted that the 20% rule is in effect. Mr. Wenger explained that this application was initiated as a result of a request heard by the Council to abandon an easement several months ago. Mr. Wenger explained that the Staff had prepared an analysis of this property and had determined that the property was never used for a shopping center facing on Ayers Street as was originally proposed and currently existing commercial structures between this property and Ayers prohibit any future development finutes Regular Council Meeting July 7, 1982 Page 11 facing on Ayers Street. He informed the Council that there were covenants in existence at the time the property was zoned "B-4" which were designed to protect the residents along Kilgore Street from facing commercial property and prevent commercial traffic on Kilgore. He stated that these covenants are now void and the property should revert back to "R-2" zoning as indicated in the 1960 zoning change. He stated that the "R-2" zoning would serve as a buffer between the commercial and residential districts, provide low density use facing the single-family homes across Kilgore Street, and still provide an economically viable use of the tract. Mr. Wenger showed slides of the area and located the property on the zoning and land use map. Mr. Robert Raime, Attorney representing Mr. and Mrs. Sam Susser, spoke in opposition to the proposed change of zoning. He explained the many types of businesses that are behind the subject property. He informed the Council that in 1960, Mr. and Mrs. Susser had plans to construct a shopping center. He further explained how the problem arose when the zoning ordinance indicated that if nothing was done on the development in one year, the property would revert back to its original zoning. He explained that the reason for the request for the abandonment of the easement was because Long John Silver Company wanted to build on this property at that time. He reminded the Council that Mr. Susser wanted to go in and remove the City utility lines but could not because of the deed restrictions. He mentioned the various indentures associated with the approval of the zoning. Mr. Raime then provided history on the zoning of this property and recommended that the Council concur with the recommendation of the Planning Commission and deny the request. Mayor Pro Tem Turner questioned the legality of the City's rezoning property that belongs to someone else when they do not desire to have it rezoned. Mr. Utter explained that the Staff had made a mistake in allowing the property zoning to be changed from "B-3" to "B-4" when "B-4" zoning was generally approved all over the City. Mrs. Herrera, 4440 Kilgore Street, expressed opposition to the change of zoning. She stated that the neighbors want safety and security for their area. inutes Regular Council Meeting • --' July 7, 1982 Page 12 She expressed the opinion that "B-4" zoning may be appropriate but that the neighbors hoped that a masonry fence would be constructed between the business property and the single-family zoned area. Mr. Utter explained the circumstances under which the "B-3" zoning was changed to "B-4" and noted at that time the restrictions under which the "B-3" zoning was granted had been lifted. Mrs. Herrera stated that if a structure is built under the zoning of "R-2", she would be happy since this would be compatible with her property. Mayor Jones pointed out that the City initiated the zoning application and the property owner objects to the change of zoning. A motion was made by Council Member Hawkins that the hearing be recessed in order to study the problem further, seconded by Mayor Pro Tem Turner. Council Member Gulley expressed his opposition to the Council's rezoning of other people's property, stating that he was opposed to delaying the decision on this subject. Council Member Zarsky expressed the opinion that the citizens in the area who were notified of the change of zoning evidently were under the impression that the property would revert back to the same restrictions under "B-4" zoning as were in existence under the "B-3" zoning. He suggested that the zoning of "B-4" or a special permit could be approved with the same restrictions that were placed on the property when it was zoned "B-3". Mr. Sam Susser, the owner of the land, stated that he purchased this property 35 years ago; he has not done anything with it except for the development on the front portion; and stated that he prefers that it remain zoned for business use. Mr. Susser indicated that he does not know at this time what his plans are for the property but there are a lot of possibilities. Mayor Pro Tem Turner inquired if the City has the right to downzone a person's property without any compensation. Council Member Gulley stated that the City does have that authority, but he did not feel it was fair. Council Member Zarsky expressed the opinion that there is a possibility that any property owner who faces this property on Kilgore Street and who was of linutes Regular Council Meeting July 7, 1982 Page 13 the opinion that the restrictions that were in existence under the "B-3" zoning are still in existence, could possibly file against the City for damages since they apparently are not aware of the change in the zoning. Assistant City Attorney Coffin explained that it is not necessary for the residents to be given notice unless they are in the 200' area and this was done, however, he stated that they were not fully aware of the implications of the zoning change. He stated that he did not feel that the property owners could collect damages because of the change from "B-3" to "B-4" which occurred some time ago. Council Member Hawkins stated that his concern is that the people did not receive the proper type of notice of the public hearing and they were not aware of the fact that the conditions previously imposed on the property were no longer in effect. Mayor Jones noted that the property has been zoned "B-4" for over twenty-one years. He then called for the vote on the motion to recess the case and it failed to pass. A motion was made by Council Member Gulley that the hearing be closed, seconded by Council Member Hawkins. Mr. Romero Carrillo stated that at one time, it was agreed that if a business was constructed there, a masonry fence would be required between the residences and the businesses, and the people in the neighborhood were under the impression that the "B-3" zoning would be in existence for one year only unless the property was fully developed. The motion to close the hearing passed unanimously. A motion was made by Council Member Dumphy that the zoning of "R-2" on Application No. C682-2 be denied; seconded by Council Member Dumphy; and passed by the following vote: Jones, Dumphy, Gulley and Kennedy voting "Aye"; Hawkins and Zarsky voting, "No". Mayor Jones suggested to Mr. Susser that he contact the neighbors to explain what he plans to do with his property, and Mr. Susser agreed to do this. ********* Assistant City Manager Utter announced the public hearing on the amendment to the platting ordinance to add a new paragraph to read as follows: Minutes Regular Council Meeting July 7, 1982 Page 14 27-3.03.07 The minimum front yard setback for residential development of two stories or less may be reduced to 15 feet provided that the only access to the property will be from an alley or private street in the rear of the property and provided the setback is not less than the setback of any existing structure on the same blockface. Private garages which open onto the street or alley, detached or attached to the main building, shall maintain a yard of 20 feet from such garage entrance to the public right-of-way or from such garage entrance to the pavement edge of any private road or alley. Mr. Utter explained that this amendment to Article 27 would reduce the minimum front yard setback under certain circumstances provided that the only access to the property would be from an alley or private street in the rear of the property and provided the setback is not less than the setback of any existing structure on the same block. Council Member Zarsky stated that he wondered why the City could not have a 20 -foot setback instead of 25 -foot setback requirement. Mr. Wenger stated that this subject was not addressed during the discussion and they suggested that the setback be reduced to 15 feet only in cases in which an alley was at the rear with driveways providing access from the rear. Mr. Jim Ewing, 5330 Northwest Trail, representing the Coastal Bend Developers Association, spoke in favor of this amendment. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Gulley and passed unanimously. A motion was made by Mayor Pro Tem Turner that the minimum front yard setback for residential development be amended as recommended by the Staff; seconded by Council Member Zarsky; and passed unanimously. Assistant City Manager Utter announced the public hearing on Application No. 582-1, Mo -Mac Properties, for change of zoning from "B-4" General Business District, with "SP" Special Permit to "I-2" Light Industrial District on Block B, Lexington Village No. 2, located on the east side of Richter Street approximately 438 feet south of South Padre Island Drive. Mr. Utter informed the Council that the Planning Commission recommends denial and the Planning Staff recommends denial of "I-2" and in lieu thereof, approval of a special permit which would improve the applicant's security without increasing the intensity of the industrial use on the tract. He also stated that twenty-five notices of the public hearing were mailed and one in dinutes Regular Council Meeting July 7, 1982 Page 15 favor and five in opposition had been returned, which is sufficient to invoke the 20% rule. Mr. Utter then explained that the applicant, by letter, had requested that he be allowed to add more structures to the site; therefore, the Staff now recommends denial. Mr. Wenger stated that the reason for the Staff's recommendation for denial was because this is an intrusion into the business zoned property because of the increase in traffic. He explained that at the time the applicant asked to add more structures, they recommended denial but they did not object to the relocation of some of the structures to improve security in the area. Mayor Pro Tem Turner stated that it was her understanding that the Housing Authority is also opposed to additional structures on this property. Mr. Wenger then 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 applicant originally requested the relocation of the existing structures. Speaking in favor of this request was Mr. Joe McComb, one of the partners in Mo -Mac Properties. He explained that they are not actually requesting rezoning; they just want to be able to relocate the structures under the existing special permit; and mentioned that there was concern when they obtained the first permit about the trucks that might go down the residential streets. He assured the Council that he does not allow his trucks to drive in the residential area. He then presented a copy of the old site plan and proposed the new site plan which shows their plans for relocating the existing buildings. He then presented copies of the Planning Commission recommendation made on May 11 and June 8, noting that at the time the June 8 meeting was conducted, he was not aware of it and they changed the recommendation. Mr. Wenger explained that the Planning Commission conducted the hearing on May 11, 1982; the hearing was closed; and they denied the request for change of zoning with recommendation for approval of a special permit subject to the submission of a new site plan. He explained that the applicant did not submit a site plan within the required 45 days and they received a letter from Mr. George Gaines, one of the partners, explaining that they wanted to rearrange the buildings and add other structures that might be considered for location there in the future. 4inutes Regular Council Meeting July 7, 1982 Page 16 Mr. McComb spoke again and stated that they made their original request and it was their understanding that if they agreed with the Planning Commission's recommendation, they should submit a site plan; however, they did not agree with it and they did not think that they were required to submit a site plan but would go directly to the City Council with their new site plan. Mayor Jones informed Mr. McComb that the Council has a great deal of respect for the opinion of the Planning Commission members and they prefer that every piece of evidence be presented to the Planning Commission prior to presentation to the City Council. Mr. McComb informed the Council that the Planning Commission had the second site plan at the May 11 hearing and they recommended that the Company be allowed to rearrange the buildings but add no new ones. He explained that the only reason they wanted approval to construct additional buildings was so that they would not have to take up the time of the Planning Commission and the City Council every time they wanted to construct a new building. Mrs. Ruthmary Price, Executive Director of the Housing Authority, reminded the Council that that organization operates public housing in the neighborhood and they would object to any intensification abuse on this tract of land. She expressed the opinion that more general traffic would be generated if additional buildings are constructed there, particularly, many storage buildings. Mr. George Gaines, 8202 Wooldridge Road, Manager of Western Steel Company, stated that his company has built some of the buildings on the property. He stated that they are not actually applying for a permit for a second building at this time but they changed their site plan to rearrange the existing buildings and also added additional buildings that they might need in the future to avoid having to appear before the Council every time they wanted to add additional buildings. He expressed the opinion that the traffic would not be increased and security would be improved if the buildings are rearranged. No one else spoke in regard to this application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Hawkins, and passed unanimously. Council Member Kennedy commented that the addition of more mini -storage buildings would definitely increase the traffic. A motion was made by Mayor Pro Tem Turner that the request for Application No. 582-1 be denied, seconded by Council Member Gulley. linutes Regular Council Meeting July 7, 1982 Page 17 An amendment to that motion was made by Council Member Zarsky that the zoning be denied but a special permit be approved according to the original site plan whereby the owners plan to rearrange the existing buildings only; seconded by Council Member Kennedy. The motion passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley voting, "No". Council Member Gulley expressed the opinion that all of these problems should be worked out before the Planning Commission before the public hearing is set before the City Council. Mayor Jones pointed out to the applicant that a new site plan will have to be submitted before the ordinance can be passed. Mayor Jones announced the public hearing on the contractual annexation of the following two tracts of land: a. A 4.77 acre tract located north of FM 6724 and west of County Road 69 being platted as Lots 3, 4 and 5, Block 1, Nueces Rivaer Irrigation Park, Annex No. 1. Mr. Utter located the area on the land use map and stated that the owners have signed the contractual annexation contract. Mr. Wenger explained the use proposed for this tract of land. No one spoke in regard to this annexation. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. A motion was made by Mayor Pro Tem Turner to approve the foregoing annexation, seconded by Council Member Hawkins and passed unanimously. b. 21.179 acres out of Lot 2, Block 1, Nueces River Irrigation Park located south of FM 624 opposite Wildcat Drive. Mr. Wenger explained that the owners of this property wish to annex additional land for the hospital and they have signed the annexation contract. No one spoke in regard to this annexation. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Mayor Pro Tem Turner to approve this contractual annexation, seconded by Council Member Dumphy and passed unanimously. ainutes Regular Council Meeting July 7, 1982 Page 18 ********** Mayor Jones announced the public hearing on the following amendment: 3. Amendment to the Master Sanitary Sewer Plan for the Flour Bluff Area in the vicinity of Purdue and Laguna Shores Roads. The change is being considered relative to the first phase development of an 80 -acre subdivision on Purdue Road and would provide for a 12" gravity line in Purdue Road in lieu of a deeper 18" trunk sewer and would also recognize an existing lift station as permanent rather than temporary. In addition, the requirement of charging the developer $800 per acre for the off-site sewer is recommended. Assistant City Manager Lontos located the tract of land and explained the planned changes. He informed the Council that the City has received a request to add other areas to the existing sanitary sewer system; the Master Plan calls for a major trunk system at Purdue extending down Laguna Shores Road; the Master Plan for Flour Bluff contained very liberal figures because of the sandy conditions and the low water table in the area, but when the figures are liberal, there is room for change. He explained the capacity of the lines according to the difference between liberal and conservative estimates, noting that the Staff feels that some changes should be contemplated to the Master Plan in this area. Mr. Lontos continued and stated that in order to add the subject area, two things must be accomplished as follows: (1) the temporary lift station should be made permanent, and (2) to relieve the possible overload of that system, an additional 12" line should be planned down Laguna Shores Road. He pointed out the location of the temporary lift station which could be declared a permanent lift station. Mr. Lontos stated that the developer should be obligated, under the policy that has not been officially adopted, to pay towards the construction of the trunk system at a rate of $800 per acre, which the Staff feels is a charge. He concluded his remarks by stating that this plan would provide sewer service for a large area, but the lines would then be running at capacity and any additional request would have to be denied. Council Member Kennedy inquired if the developers pay the surcharge if they would have to pay for installation of the line, and Mr. Lontos replied that the $800 per acre would be applied to the construction of the line. Dr. Kennedy then stated that he felt that it is inappropriate to design a system that will be overloaded as soon as it is constructed. linutes Regular Council Meeting July 7, 1982 Page 19 Mr. Lontos again explained that the additional 12" line down Laguna Shores would take care of the entire area. He admitted that he has some doubts about converting the temporary lift station to a permanent lift station, but this seems to be the only solution. Mr. Harold Shearer, Engineer representing Mr. B. J. Wranosky Estates, informed the Council that they have been working on this for about two and a half years to accommodate this gravity system. He explained that they originally had plans to build their own lift station to pump sewage and submitted plans on that basis, which were considered by the Engineering Staff. He stated that they had received a call from a member of that Staff to the effect that they had reestimated the capacity of the sewer system in that area. He pointed out that this solution of the additional 12" line solves the problem for several subdivisions and he changed his plans accordingly. He continued by stating that he was informed later that the Staff was going to recommend a $600 per acre surcharge, but now, it is $800 per acre. He stated that this represents a very large expenditure and they object to the $800 charge. He stated that they still have the option to pump sewage all the way to the plant and bypass the gravity line and expressed the opinion that it is unprecedented to ask for $800 per acre from the developer. Assistant City Manager Lontos noted that this is the first thing that needs to happen before a set of plans is submitted by an Engineer for any subdivision. He stated that as far as the $800 per acre is concerned, this has happened several times with other subdivisions and mentioned several that were affected by this charge. Mr. Shearer stated that the reason they object to the $800 per acre charge is because this large expenditure would probably make it impossible to them to develop their land. He pointed out that the existing 12" line would handle their subdivision, but the additional line would not help them at all. 'Mr. Lontos pointed out that if the relief line is not constructed, the other line would be over capacity. Mayor Pro Tem Turner inquired as to why Mr. Shearer was not aware of this charge, and Mr. Lontos replied that Mr. Shearer knows what the Master Plan is linutes Regular Council Meeting July 7, 1982 Page 20 and sending in plans that are not in accordance with the Master Plan without a request to change it cannot be done. He pointed out that Mr. Shearer should have asked for a change in the Master Plan at the time he first submitted his plans. No one else spoke in regard to this matter. A motion was made by Council Member Gulley that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Council Member Hawkins that the change in the Master Sanitary Sewer Plan of the Flour Bluff area be approved, seconded by Council Member Dumphy. Mayor Pro Tem Turner inquired if all subdivisions will be charged the $800 per acre. Mr. Lontos stated that if the Off-site Utility Committee comes forward with a recommended charge for a fee within the City limits, then there will be a charge required from the other subdivisions in the area. City Manager Martin pointed out that it is possible that the future policy could require $800 per acre or even more. Mr. Lontos explained that the $800 was the average cost for extending a line. Council Member Zarsky stated that he will abstain from voting on this motion because he owns property in the area. The motion passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Kennedy voting, "Aye"; Zarsky, "abstaining". ********** Mayor Jones called for consideration of the following pending item: A resolution requesting the United States Congress to permit the voting public of this country to decide what, if any, right to life the unborn human shall have protected. A motion on this resolution was tabled on June 30, 1982 until the presence of a full Council. Mayor Jones reviewed the tabled matter and stated that the resolution was tabled until the entire Council was present. He informed the Council that he had done some research and had ascertained that consideration of this item would require a motion to remove it from the table. A motion was made by Council Member Zarsky to remove this item from the table. iinutes Regular Council Meeting July 7, 1982 Page 21 There was no second to the motion and it died for that reason. Council Member Zarsky expressed the opinion that this lack of action means that the Council does not have any concern about the right to life. He stated that, in his opinion, the issue is similar to the slavery issue from many years ago and the ERA. Mayor Jones pointed out to Mr. Zarsky that he had made his feelings very clear and he hoped that he would respect the feelings of the other six members of the Council. ********** City Secretary Read polled the Council for their vote on the text amendment and it passed as follows: ORDINANCE NO. 17115: AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 27 SUPPLEMENTARY HEIGHT, AREA, BULK REQUIREMENTS, SECTION 27-3 MODIFICATION OF AREA REGULATIONS, SUBSECTION 27-3.03 FROM YARDS, BY ADDING A NEW PARAGRAPH, 27-3.03.07; 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". ********** Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Ted Stevens, 518 Dolphin, Chairman of the Electrical Advisory Board, referred to his letter of June 28, 1982 in which the Board recommended that more electrical inspectors be employed. He explained that they have electrical contractors on their Board and the Building Division is making about thirty electrical inspections per day. He stated that there is a delay for contractors who are waiting for their inspections and the quality of the inspections needs to be improved. He emphasized the fact that there is a need for additional electrical inspectors and urged that this be included in the budget. Mr. Bill Hennings, Assistant City Manager, stated that he feels that they need to discuss Mr. Stevens letter further and provide a recommendation later. City Manager Martin stated that they would like to discuss this further because the additional inspectors are not included in the budget request. He stated that the fees for the service should pay for the cost of the service. linutes Regular Council Meeting July 7, 1982 Page 22 Mr. Bruce Truax, a member of the Electrical Advisory Board, reminded the Council that last year when the fees were increased approximately 30%, it was with the idea that this would increase the revenue by about $50,000 which should have been ample funds for additional inspectors, but no additional inspectors were employed. Mr. Jim Ewing, representing the Coastal Bend Developers Association, stated that that organization had passed a resolution in support of a need for a new City Hall. He offered his assistance and the association's assistance in helping to get the project under way. There being no further business to come before the Council, on motion by Council Member Gulley, seconded by Council Member Kennedy, and passed unanimously, the Regular Council Meeting was adjourned at 5:52 p.m., July 7, 1982. ********** linutes :regular Council Meeting July 7, 1982 Page 23