HomeMy WebLinkAboutMinutes City Council - 08/18/1982Vag
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
AUGUST 18, 1982
2:00 P.M.
Present:
Mayor Luther Jones
Mayor Pro Tem Betty N. Turner
Council Members:
Jack K. Dumphy City Manager Edward Martin
Bob Gulley City Attorney J. Bruce Aycock
Herbert L. Hawkins City Secretary Bill G. Read
*Dr. Charles W. Kennedy
Cliff Zarsky
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Mr. Mario Najar, following which the Pledge
of Allegiance to the Flag of the United States was led by Council Member
Herbert Hawkins.
City Secretary Bill G. Read called the roll of required Charter Officers
and verified that the necessary quorum was present to conduct a legally con-
stituted meeting.
A motion was made by Council Member Zarsky that the minutes of the July
21, 1982 and August 4, 1982 meetings be approved as presented; seconded by
Council Member Dumphy; and passed unanimously.
Mayor Jones then administered the Oath to new appointees to the following
Boards: Mr. Armando Reyna, Human Relations Commission and Mr. Arlisle L.
Robinson, Electrical Advisory Board.
* * * * * * * * * * * * *
Mayor Jones called for consideration of actions of the Council from the
Workshop session and referred to the discussion regarding the Everhart Road
improvements.
City Manager Martin referred to the discussion during the morning work-
shop meeting and informed the Council that it had been ascertained that the
City can assess property outside the City limits.
A motion was made by Council Member Gulley that option no. 1 previously
discussed be 'approved; seconded by Council Member Dumphy.
Mayor Jones suggested that the options be explained before the vote is
taken on this.
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Minutes
Kegular Council Meeting
August 18, 1982
Page 2
Mr. James K. Lontos, P.E., Assistant City Manager explained that the
Council had discussed during the morning workshop meeting the petition
received by the City Council regarding the portion of Everhart Road between
Cedar Pass and Snowgoose which indicated that unsafe conditions exist on that
portion of Everhart Road and this is the City's responsibility. He explained
the reason why half streets exist in this section and how Everhart Road had
been developed at the time subdividers were developing subdivisions along
Everhart Road. He stated that the section referred to is owned by two
property owners, the B. T. Karchmer Trust and Mrs. Paul Snyder and their
property fronts 1,600' on Everhart where only the east side has been
developed.
Mr. Lontos continued by explaining the options that the City has in
connection with this portion of Everhart Road.
1. Maintain the present condition and wait for development of
the Karchmer and Snyder properties and when this occurs
require the pavement and dedication of right-of-way at no
additional cost to the City except for pavement
strengthening.
2. Proceed with the acquisition of the 20' of additional right-
of-way and the widening of the pavement in accordance with
the Master Plan and assessing such pavement against the
abutting property owners in accordance with the City's
assessment policy.
He stated that this alternative is the most desirable in terms of completing
the project but not desirable in terms of public participation. He explained
that this option may present a problem in that the staff may not be able to
justify the assessment against the abutting property since it is not improved.
3. Provide a minimum widening of the existing pavement, curb
and gutter with an existing right-of-way.
Mr. Lontos explained that assessments could be levied against the property
owner when the property is developed.
4. Authorize the Street Department to widen this pavement an
additional 10 feet but with minimum type pavement design to
facilitate the present situation at a cost of $30,000 to
$35,000.
Council Member Zarsky inquired if the City would have to contribute to
the cost of the street improvements, and Mr. Lontos replied that the cost of
making the pavement heavier than that required by the ordinance would be at
the City's expense.
Minutes
Regular Council Meeting
August 18, 1982
Page 3
Mr. Lontos pointed out that he was of the opinion that the development of
the tract would take care of the street improvements. He noted that from a
traffic standpoint, it is not really essential but it is inconvenient.
Mayor Pro Tem Turner questioned the safety of the street if it is not
widened or improved at this time as a part of the Everhart Road project.
Mr. Lontos agreed that it is not right to have a portion of a road more
narrow and unimproved between two sections that have been improved.
City Manager Martin pointed out that this is not a through street because
people traveling down this portion have only one destination.
Mayor Pro Tem Turner suggested that appropriate signage be installed to
warn motorist that the street will narrow at this portion.
Council Member Gulley pointed out that this is not in a busy part of town and
questioned why the property owners should be assessed if they are not ready
to develop their property and also questioned the expenditure by the City of
$35,000.
*Council Member Kennedy arrived at the meeting at 2:23 p.m.
Mayor Jones expressed the opinion that there are more urgent needs in the
City at this time than to spend this money to improve this portion of Everhart.
Mayor Jones called for the vote on the motion to adopt option no. 1 and it
passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and
Kennedy voting "aye"; Zarsky voting "no."
City Manager Martin indicated that the staff will inform the people who
signed the petition of the Council's action.
In regard to another item discussed during the workshop meeting, the new
Marina land mass construction development, a motion was made by Mayor Pro
Tem Turner that the request for the proposals and the revisions approved
during the morning workshop meeting be approved; seconded by Council
Member Dumphy.
Council Member Gulley pointed out that the new land mass could be
addressed in regard to the height or elevation.
Discussion followed and Council Member Kennedy suggested that the height
of the new land mass be limited to the finished elevation on an average not to
exceed 7 feet. The motion to approve passed unanimously.
*************
Minutes
Regular Council Meeting
August 18, 1982
Page 4
Mayor Jones called for actions of the City Council by motion on the
following items:
1. Bids be received September 7, 1982 for twelve months supply agree-
ment for captive General Electric radio repair parts and accessories
for the Radio Maintenance Division. Estimated annual expenditure
$60,000.
2. Bids be received September 7, 1982 for twelve months supply agree-
ment for captive Motorola radio repair parts and accessories for the
Radio Maintenance Division. Estimated annual expenditure $15,000.00.
3. Bids be received September 7, 1982 for twelve months supply agree-
ment for captive General Motors bus repair parts and accessories for
Transit Division. Estimated annual expenditure $60,000.00.
4. Bids be received September 7, 1982 for one corocord rope climber for
Park and Recreation Department. This unit is for the Corpus Christi
Beach and is included in the Park Bond Fund. Estimated expenditure
$23,000.00.
5. Bids be received September 7, 1982 for twelve months supply
agreement for captive Gillig Corporation Bus repair parts and
accessories for the Transit Division. Estimated annual expenditure
$24,000.00.
6. Purchase of a three month supply of 34,000 ft. of copper pipe used
by the Water and Gas Divisions be approved based on low bid of
$21,440.60 from:
Southern Pipe E Supply, Meridian, Miss.
2%, 10th Prox; FOB: Destination
Ten bid invitations were issued and six bids were received. Prices
have decreased less than 1% since the last purchase in April, 1982.
7. Bids be received September 7, 1982 for installation of thermoplastic
markers and material for the federally funded Pavement Marking
Demonstration Program by the Traffic and Transit Department. This
contract is for installation only. The City will furnish the material.
Estimated total expenditure $45,000.00.
8. Bids be received September 14, 1982, for a 60 PTO/hp utility tractor
with front end loader/slope mower to be used for continuous mowing
of numerous parks, parkways and landscaped drainage easements.
$31,000 in 1982-83 Revenue Sharing funds is available for this new
Park Maintenance Division equipment.
9. Authorizing the City Manager to accept proposals for a public/private
project to design, obtain permits for, construct, and develop a land
mass within the municipal Marina. Proposals should be received
before the close of business October 15, 1982.
10. Approving Change Order No. 2 to the Hurricane Allen Bayfront Parks
Restoration project in the amount of $25,905.00. The change order
provides for furnishing a grout cap or topping on the full length of
the stone riprap slope behind the seawall in Cole Park. The change
order also deletes a fiber erosion control fabric beneath the stone.
Since the stone is grout topped the erosion control fabric is not
required.
11. Authorizing the City of Corpus Christi to participate with other cities
on a joint study of Southwestern Bell's rate increase request and to
make a payment of 3.54 per capita ($8,124) in support of this
endeavor.
Minutes
Regular Council Meeting
August 18, 1982
Page 5
Mayor Pro Tem Turner inquired about the recourse the City has after the
joint study of Southwestern Bell's rate increase request.
City Manager Martin explained that this is similar to the Central Power and
Light Company rate increase request, but the City has standing not only as a
customer but as a City served by the Southwestern Bell. He stated that the
rate will be determined by the Public Utility Commission.
12. An agreement with the Candy Stick Corporation, developer of the
South Fork Subdivision, be approved regarding deferral of street
improvements on County Road 26A adjacent to the subdivision. The
subdivision was formerly known as County Creek Subdivision and the
requirement to install curb, gutter and sidewalk in County Road 26A
was included in the annexation agreement for the subdivision. As
only a portion of the subdivision is now being built along the county
road, the developer is requesting that improvements be deferred for
up to four years.
Council Member Zarsky inquired if the City would establish any kind of
precedent by allowing this waiver for Candystick Corporation.
Assistant City Manager Lontos explained that this was a requirement at the
time the property was annexed, and the problem is that it is not a requirement
of the platting ordinance that the road be paved. He explained that at the time
the portion of the road is constructed alongside the proposed church the
property owner will be required to pave it.
Council Member Zarsky pointed out that it will still be the responsibility of
the original developer to construct that street unless the purchaser contracts to
do so. He inquired if the City would have to approve any such assignments.
Mr. Lontos stated that the convenant signed by Mr. Seaman of the Candy -
stick Corporation will run with the land.
Council Member Zarsky then inquired if the original owner of property to
be developed moved away, if the church to which the property was sold would
be obligated to pay for the street improvements.
Mr. Lontos explained that unless the purchaser of the property assumes all
of the agreements previously signed by the owner, then the City would have no
recourse if the original owner moved away.
Council Member Kennedy inquired about the church's park dedication
requirement and Assistant City Manager Utter stated that the Planning
Commission has discussed this on one occasion and will discuss it in the future.
13. A request for rate increase by Airport Transportation of Corpus
Christi, which provides the limousine service at the Airport, be
approved. The increase for zones 1 and 2 will be from $4.50 to $5.00
and from $5.25 to $6.00 respectively. The request is based on
increased costs, construction of the new counter facility and increase
Minutes
Regular Council Meeting
August 18, 1982
Page 6
in the fleet size from four to seven vehicles. The last rate increase
for the Airport Limousine Service was granted in August, 1981. The
requested increase will generate approximately $1,000.00 in gross
revenues per month.
14. A waiver of the lot/acreage fee as established in the water main
extension policy (Ordinance No. 17092) be approved for the Wade
Tract consisting of 9.9 acres. In accordance with the Platting
Ordinance, a fee of $566.40 would be required. The property is in
an area served by the River Acres Water Supply District (RAWS) and
the Staff and the Offsite Utility Extension Committee recommend the
waiver. An exclusion amendment to the recently adopted ordinance is
being prepared for action at a later date addressing properties within
such water districts.
15. Setting a public hearing for the closure of Lawnview Street from
Booty Street to Ayers Street for September 22, 1982, at 7:00 p.m. in
the Council Chambers of City Hall. This hearing is recommended
concurrently with the paving assessment hearing of the Spohn
Hospital area streets. The staff is recommending the closure of
Lawnview Street because it is a minor street, does very little for
traffic circulation in the area, and all of the property on each side of
the street is under one ownership. Utility easements would need to
be retained if the street were closed.
There were no comments from the audience on these motions.
A motion was made by Mayor Pro Tem Turner to approve the foregoing
actions 'numbers 1 thru 15, seconded by Council Member Hawkins and passed
unanimously.
* * * * * * * * * * * *
Mayor Jones announced a presentation by members of the Westside
Business Association in regard to the statue of Alonzo Alvarez de Pineda.
Dr. Clotilde P. Garcia addressed the Council and presented copies of items
in the newspaper in regard to the installation of the statue of de Pineda in the
Agnes/Laredo Triangle. She expressed the opinion that the proposed statue is
a unifying project for the City and stated that the Westside Business Asso-
ciation was instrumental in obtaining approval for the installation of the statue
at the Agnes/Laredo Triangle which is basically the entrance to the City. She
explained to the Council that de Pineda is credited with charting the Gulf of
Mexico from Florida to Mexico in 1519 and related her research of the project
and the book she has written on the subject. She then presented a copy of
her book to the Council to be placed in the library. She stated that the book
was written in order to assist in raising funds for the statue which will be
designed by Dr. Sherman Coleman.
Mr. Oscar Flores, a member of the Westside Business Association, stated
that the members are very proud and happy that this project has become a
reality. He thanked the Mayor and Council Members for their assistance in
Minutes
Regular Council Meeting
August 18, 1982
Page 7
making the land where the statue will be located available to the Westside
Business Association for this purpose.
*************"
Mayor Jones announced the consideration of the new ordinances.
Council Member Gulley referred to the first reading of the ordinance
granting a five year agreement with Ackerly Airport Advertising, Inc. and
questioned how the advertising will look on the carousel of the baggage claim
area.
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City Manager Martin presented a copy of a similar type of adverti..sing in
another City. 'r
'Mr. '
'Gulleyindicated that he was in favor of the City making money
through' advertising but he did not want the Airport to be unattractive.
Mayor Jones inquired if the City has any control on the type of adver-
tising that will be used, and Mr. Lontos explained that the Airport Manager will
approve all of the advertising and local companies will receive priority
consideration for advertising.
Mayor Jones mentioned that Mr. Ray Smith previously had the advertising
at the Airport, but noted this recommendation is for another firm.
MayorProTem Turner referred to the first reading of the ordinance
authorizing a' three year lease for 1982, 1983 and 1984 with Bayfest, Inc.,
noting' that tr'
the City will receive 4% of the gross receipts. She questioned why
this lease is fora three year term.
AAssistantrrCity ' Manager Bill' Hennings explained that this was at the
request of Bayfest and informed the Council that the previous year the per-
centage was only 2% and this represents an increase for the City.
.
`Ir` City' Manager Martin expressed the opinion that the City should consider
the'other aspects'and advantages of the Bayfest celebration.
Mayor Jones concurred and pointed out that Bayfest has always
to''unite' the City than any tother similar type of celebration.
Council Member Zarsky referred to the first reading amending the design
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standards Of the Platting Ordinance to set the maximum right-of-way dedication
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of subdividers at 120 feet and obligating subdividers to construct streets at
done more
their cost no wider than 48 feet. He asked about the existing ordinance for
dedication for streets and paving.
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Minutes
Regular Council Meeting
August 18, 1982
Page 8
Assistant City Manager Lontos explained the ordinance as it exist now. He
noted, however, that most of the subdivisions seldom have the requirement that
they have to pay for arterial type streets.
Council Member Zarsky then inquired if the amended ordinance would mean
that 120 feet of right-of-way would have to be dedicated by one property
owner, and Mr. Lontos replied that this would occur only if the street goes
through one owner's property. He explained that if it is a boundary street,
the developer would only have to dedicate one-half of the right-of-way.
Council Member Zarsky then referred to one-half street development require-
ments.
Mr. Lontos explained that the change the staff is recommending is that
payment in lieu of one-half street development can be approved unless the
traffic circulation is such that it is necessary at the time the subdivision is
developed, even if it is only one-half of a street.
Council Member Zarsky noted that there is a problem on Carribean Drive
which will require a dedication from the federal government and inquired if
there's any flexibility on that.
Assistant City Manager Lontos explained that this ordinance does not
resolve this except that the developer must dedicate his one-half of the
right-of-way required. He stated that if Carribean Drive is included in a bond
program in the future, the City would have to approach the Navy; however,
the City cannot assess a governmental entity and this problem would have to be
resolved on Caribbean.
Council Member Zarsky suggested that such an exception be included in
this ordinance that is being considered at this time, otherwise, any exceptions
would have to be approved by the City Council.
City Attorney J. Bruce Aycock stated that federal property cannot be
condemned and this has been tested in court.
Council Member Zarsky stated that Caribbean is a County road and he did
not believe the City has the street dedication. He also stated that he would
like for an analysis to be made of this proposed ordinance so that the terms
would not be so iron clad.
City Manager Martin stated that the staff would recommend waivers in
certain situations and anyone can appeal to the City Council.
Minutes
Regular Council Meeting
August 18, 1982
Page 9
Mayor Jones referred to the supplemental agenda as it pertains to passing
an ordinance canvassing the returns of the Charter Amendment Election held on
August 14, 1982.
City Secretary Read presented to the Council his report of the Election.
Mayor Jones then made spot checks of several precincts as reported on the
computer print-out to see if the results were the same as those reported by the
Judges on the General Return Sheets. There were no discrepancies.
A motion was made by Mayor Pro Tem Turner that the canvassing returns
as presented by the City Secretary be approved, seconded by Council Member
Dumphy, and passed unanimously.
There were no comments from the members of the audience on the new
ordinances or the second and third reading ordinances.
City Secretary Read polled the Council for their votes, and the following
ordinances were approved:
FIRST READING:
AUTHORIZING AN AGREEMENT WITH ACKERLEY AIRPORT ADVERTISING,
INC., FOR THE ADVERTISING CONCESSION AT CORPUS CHRISTI INTERNA-
TIONAL AIRPORT.
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:
AMENDING THE PLATTING ORDINANCE BY DELETING THE PRESENT SUB-
SECTION A.11 AND A.12 OF SECTION IV AND SUBSTITUTING A NEW SUB-
SECTION A.11 PROVIDING FOR MAXIMUM SUBDIVIDER RIGHT-OF-WAY
'DEDICATIONS OF 120 FEET AND MAXIMUM STREET PAVING OBLIGATIONS OF
SUBDIVIDER BEING 48 FEET; DELETING SUBSECTION A - OFFSITE IMPROVE-
MENTS OF SECTION VI - EXCEPTIONS.
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:
FINDING THAT THE BAYFEST '82 ON OCTOBER 1 THROUGH OCTOBER 3,
1982, IS IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 1200
THROUGH 1600 BLOCKS OF NORTH SHORELINE BOULEVARD TO VEHICULAR
TRAFFIC FROM 8 A.M. FRIDAY, SEPTEMBER 24, 1982, THROUGH 12 NOON
WEDNESDAY, OCTOBER 6, 1982; GRANTING THE EXCLUSIVE USE OF FOUR
MUNICIPAL PARKING LOTS AND THE BARGE DOCK TO BAYFEST INC. FROM 6
P.M. FRIDAY, OCTOBER 1, 1982, THROUGH 12 MIDNIGHT SUNDAY, OCTOBER
3, 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."
Minutes
Regular Council Meeting
August 18, 1982
Page 10
ORDINANCE NO. 17207:
APPROVING THE WRITTEN STATEMENT OF THE DIRECTOR OF ENGINEERING
AND PHYSICAL DEVELOPMENT OF VARIOUS COSTS FOR THE IMPROVEMENT
OF THE FOLLOWING STREETS:
Spohn Hospital Area
1. Furman Street, from South Staples Street to South Carancahua Street
2. Hancock and Buford Streets, from South Staples Street to Santa Fe Street,
3. Booty Street, from South Staples Street to Ayers Street,
4. Third Street, from Ayers Street to Morgan Avenue,
5. Fifth Street, from Booty Street to Craig Street, and
6. Sixth and Seventh Streets, from Ayers Street to Hancock Street;
DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST
ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY;
SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL FOR SEPTEMBER
22, 1982, AT 7:00 P.M., IN THE COUNCIL CHAMBERS AT CITY HALL; 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. 17209:
DETERMINING THE NECESSITY FOR AND ORDER THE IMPROVEMENT OF:
Spohn Hospital Area
1. Furman Street, from South Staples Street to South Carancahua Street
2. Hancock and Buford Streets, from South Staples Street to Santa Fe Street,
3. Booty Street, from South Staples Street to Ayers Street,
4. Third Street, from Ayers Street to Morgan Avenue,
5. Fifth Street, from Booty Street to Craig Street, and
6. Sixth and Seventh Streets, from Ayers Street to Hancock Street;
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. 17209:
CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A CHARTER
AMENDMENT ELECTION HELD IN THE CITY OF CORPUS CHRISTI ON THE
14TH DAY OF AUGUST, 1982, UPON THE QUESTION OF BINDING ARBI-
TRATION FOR COLLECTIVE BARGAINING IMPASSES FOR FIRE AND POLICE,
PROVIDING FOR SEVERABILITY; 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. 17210:
AMENDING THE CITY CODE, CHAPTER 2, DIVISION 3, INDUSTRIAL BOARD,
TO BE RENAMED THE CORPUS CHRISTI BUSINESS DEVELOPMENT
COMMISSION; AND PROVIDING FOR MEMBERSHIP AND A CHAIRMAN.
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."
Minutes
Regular Council Meeting
August 18, 1982
Page 11
ORDINANCE NO. 17211:
AUTHORIZING A LEASE AGREEMENT WITH THE AMERICAN LITTLE LEAGUE
FOR FIVE YEARS IN BOTSFORD PARK FOR USE AS A RECREATIONAL AREA.
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."
SECOND READING:
GRANTING PINKIE ELDRIDGE, JR., DBA PINKIE'S TAXICAB COMPANY, A
FRANCHISE FOR THE PURPOSE OF OPERATING TAXICABS.
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:
REPEALING CHAPTER 15, CORPUS CHRISTI CODE, AND ORDINANCE NO. 6855
AND SUBSTITUTING THIS ORDINANCE; CREATING THE OFFICE OF EMER-
GENCY MANAGEMENT AND ESTABLISHING ITS POWERS, DUTIES AND RESPON-
SIBILITIES; PROVIDING FOR THE DECLARATION OF A STATE OF DISASTER;
AND ESTABLISHING OTHER PROVISIONS RELATED TO EMERGENCY
MANAGEMENT, INCLUDING A PENALTY; AND PROVIDING FOR PUBLICATION.
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."
A motion was made by Mayor Pro Tem Turner that the Regular Council
Meeting be recessed at 3:37 p.m. in order to conduct public hearings on zoning
applications, seconded by Council Member Gulley and passed unanimously.
* * * * * * * * * * * * *
Mayor Jones reconvened the Regular Council Meeting at 4:16 p.m. and
announced the public hearing on the request to close a 40' wide strip of land
adjacent to Lot 1R, Cormar Industrial Tract.
Assistant City Manager Lontos informed the Council that the City had
received a request from Maverick Engineering to close the public right-of-way
located adjacent to lot 1 R, Cormar Industrial Tract. He stated that dedication
was made in 1962 for all public uses; the Transportation Plan of the City also
includes a road on the side of the drainage ditch; there is a need for
maintenance equipment to get to the drainage ditch; and also stated that there
is a Targe electric power line at this location. He informed the Council that
there were no objections from other City departments on this closing with the
exception of the Fire Marshall and the Engineering Department. He stated that
the Engineering Department is of the opinion that the right-of-way is needed
for the maintenance equipment as mentioned before, and the Fire Marshall feels
Minutes
Regular Council Meeting
August 18, 1982
Page 12
that it is necessary for access in case of an emergency. He stated that the
staff, therefore, recommends against closing this right-of-way. He explained
that an alternate that would be acceptable a revocable easement.
Mr. Doug Walthall of Maverick Engineering, representing Holt-Hulings
Realty Company, explained that they had submitted the request because there
is a 10 foot building line which would necessitate a jog in their building if this
right-of-way is not closed. Mr. Walthall stated that the property owners are
willing to dedicate a 20 foot easement to allow for maintenance of the ditch in
the same area in 'which Central Power and Light Company maintains a 138KV
line. Mr. Walthall noted that the Transportation Plan indicates that a boulevard
type street is included at this location, but expressed the opinion that having
this type of street at this location would not be allowed by the State Depart-
ment of Highways and Public Transportation because of its proximity to
Greenwood Avenue.
Mayor Jones inquired if they would be agreeable to a revocable easement
rather than closing this right-of-way.
Mr. Walthall stated that if they go in now and expand their plant facility
and a street is built, their facility would be a non -conforming use.
Assistant City Manager Lontos stated that the staff would not object to the
building line of 10 feet but he does have a question about closing the
right-of-way, particularly with the high voltage power lines in the vicinity. He
stated that he would agree to changing the 20 foot set back line to a 10 foot
set back line.
Mr. Walthall stated that the existing building is 5 feet off the property
line and is non -conforming use.
Mr. L. D. Coffman, representing the B. D. Holt Company, stated that the
first buildings were 5 feet off the property line and they would like to have the
40 foot right-of-way closed so that he can located his utilities there also.
There were no further comments on this right-of-way closing.
A motion was made by Council Member Dumphy that the hearing be closed,
seconded by Mayor Pro Tem Turner and passed unanimously.
A motion was made by Council Member Dumphy that a revocable easement
be granted to this company; that a 5 foot set back requirement be allowed; a
utility easement be established and this would be in terms of a revocable ease-
Minutes
Regular Council Meeting
August 18, 1982
Page 13
ment granted to this applicant with a requirement to plat the property in that
manner. The motion was seconded by Council Member Zarsky and passed
unanimously.
* * * * * * * * * * * * *
Mayor Jones called for petitions or information from the audience on
matters not listed on the agenda.
Mr. Tony Heldenfels, Jr. referred to his previous appearance in regard to
the downtown street improvements at which time the Council did not act to
authorize payment of the fee that he felt was due his company since there was
some discrepancy in whether or not he could close a street during the con-
struction of the improvements. . He stated that in the event that this matter
goes to court he would need a resolution that the Council concurs with the
recommendation of Assistant City Manager Lontos that the expenses not be paid.
City Manager Martin explained that Mr. Heldenfels is attempting to prevent
the City from using this in a lawsuit to indicate that the Company did not
exhaust every effort to resolve the matter before it goes to court.
A motion was made by Council Member Gulley to deny Heldenfels Brothers
request for additional funds in connection with the downtown street improvement
project.
Mr. Martin informed the Council that a motion would not be necessary
because it will be placed on the agenda next week for denial of the Heldenfels
request.
There being no further business to come before the Council, on motion by
Mayor Pro Tem Turner, seconded by Council Member Gulley and passed
unanimously, the Regular Council Meeting was adjourned at 4:47
August 18, 1982.
p.m.,