Loading...
HomeMy WebLinkAboutMinutes City Council - 10/20/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 20, 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 Dr. Charles Kennedy Cliff Zarsky City Manager Edward Martin Ass't. City Attorney Bob Coffin City Secretary Bill G. Read Mayor Luther Jones called Council Chamber of City Hall. The invocation was given by in the absence of the invited Pledge of Allegiance Council Member Cliff City Secretary the meeting to order in the Council Member Charles Kennedy minister, following which the to the Flag of the United States was led by Zarsky. 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 Jones noted the issuance of the following proclamations: "NATIONAL BUSINESS WOMEN'S WEEK" - October 17-23, 1982; "COMMUNITY HEALTH FAIR DAYS" - October 22 and 23, 1982; and "ADDIE BOYD DAY" - October 26, 1982. * * * * * * * * * * * * * * * * * * * * * * * Mayor Jones suggested that consideration be given to the Bond Sale on which bids were opened during the morning Workshop session. City Manager Edward Martin reviewed the opening of the bids and stated that four bids had been received for the sale of General Improvements Bonds, Series 1982; the bidders forty-five bond dealers and banks in the country; and represented the low bid was that submitted by the group headed by Morgan Guaranty Trust Company. He recalled that the City Council had allowed for up to M[CROFILMED Sip 1 9 1984 inutes regular Council Meeting October 20, 1982 Page 2 a 10% return in the planning of the bond program, and since the interest rate on the low bid was 8.5%, this represented a $1,175,000 savings on this issue. Mr. Martin explained that the first action is to adopt a resolution approving the form of the official statement of the General Improvement Bonds, Series 1982, and a separate action is to provide for the adoption of the bond issue, following which the successful bidder will be notified so that they can begin selling the bonds today. A motion was made by Mayor Pro Tem Turner that the resolution approving the form be brought forward, seconded by Council Member Zarsky, and passed unanimously. A motion was made by Council Member Gulley that the ordinance providing for the issuance of $10,525,000 in General Improvement Bonds be brought forward, seconded by Mayor Pro Tem Turner and passed unanimously. The vote on both motions passed unanimously and the following resolution and ordinance were approved: RESOLUTION NO. 17319: APPROVING THE FORM OF THE OFFICIAL STATEMENT PERTAINING TO CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 1982, AND AUTHORIZING, RATIFYING AND APPROVING THE OFFICIAL STATEMENT AND THE USE THEREOF IN THE OFFERING AND SALE OF SAID BONDS, 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. 17320: BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR THE ISSUANCE OF $10,525,000 CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 1982, BEARING INTEREST AT THE RATES HEREINAFTER SET FORTH, AND PROVIDING FOR THE LEVY, ASSESSMENT AND COLLECTION OF A TAX SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AND TO CREATE A SINKING FUND FOR THE REDEMPTION THEREOF AT MATURITY; AREPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennnedy and Zarsky voting, "Aye". * * * * * * * * * * * * * * * * * * * * * * * * * A motion was made by Mayor Pro Tem Turner that the Minutes of the Regular and Special Council Meetings of October 13, 1982 be approved as presented; seconded by Council Member Hawkins; and nutes .egular Council Meeting October 20, 1982 Page 3 passed unanimously. * * * * * * * * * * * * * * * * * * * * * * * * Mayor Jones then presented 30 -year pins to the following employees: Employee: Department: Position: Guadalupe Arsuaga Wastewater Plant Supervisor I Anastacio P. Cantu Sanitation Sanitation Foreman Cecilio Garcia Street Equipment Operator Zada B. Given Health Account Clerk II James Strakos Fire Fire Inspector II Mayor Jones stated that the City Manager would like to make an announcement in regard to a special recognition. City Manager Martin stated that present in the audience were two employees who deserved special recognition of the City Council and the audience. He read information in regard to the heroic acts performed by Sargeant Tillmon and Officer Tamez who had saved the lives of four residents who were sleeping in a burning house. Mayor Pro Tem Turner stated that it is a good feeling to live in the City of Corpus Christi and know that the citizens are protected by officers such as these. * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Jones called for consideration of actions of the City Council by motion on the following items: 1. A public hearing be scheduled for November 3, 1982 for the closing and abandoning the 40 -foot wide Railroad Avenue right-of-way adjacent to Lots 3 through 12, Block 6, Patrick Webb Addition. The right-of-way is unimproved and no utilities are existing or planned within this 40 -foot right-of-way. 2. A public hearing be held November 10, 1982 to close Resaca Street from Chaparral Street to Mesquite Street so that the Galvan House may be relocated to the Bayfront Science park. City water, gas and sanitary sewer lines within the right-of-way can be effectively plugged and abandoned. Central Power & Light and Southwestern Bell Telephone facilities may have to be rerouted. Lnutes .egular Council Meeting October 20, 1982 Page 4 3. Accepting the Brookhaven/Five Points Area Sanitary Sewer, Phase I project and authorizing final payment of $14,330.66 to Delta Utilities for a total of $122,332.90. The project was funded from the 1977 bonds and provided for the installation of gravity sanitary sewer in Brookside Drive, Brookhaven Drive, McBurnett Drive, Hearn Road, Country Estates Drive, Cox Circle and Shelton Boulevard. 4. The recommendation of the Landmark Commission be approved that a permanent location for the Merriman-Bobys House be established at the southwest corner of the Multi -Cultural Center Plaza and Chaparral Street. Additionally, the City Manager be authorized to enter into a contract for the removal of the structures currently occupying this site. 5. Authorizing the City Manager to enter into an amended contract with the Texas Department of Health to continue the present W.I.C. Program to provide supplementary foods for women, infants and children at nutritional risk for an additional year ending September 30, 1983. 6. Twelve months supply agreements be awarded for water and wastewater treating chemicals as follows: a. U. S. Gypsun Company, Dallas 208 Tons Calcium Oxide @ $75.12 Total: $15,624.96 b. McKesson Chemical Company, Corpus Christi 86 Tons Sodium Silicoflouride @ $491.30 Total: $42,251.80 c. Dixie Petro -Chem, Inc., Corpus Christi 667 Tons Liquid Chlorine @ $187.80 Total: $125,262.60 d. Sure Grow Solutions, Inc., Taft 123 Tons Anhydrous Ammonia @ $300.00 Total: $36,900.00 Price comparison shows an increase of 5% on calcium chloride and 6% on sodium silicoflouride and a decrease of 8% on chlorine and 9% on anhydrous ammonia. 7. Authority to execute a release of possibility of reverter arising from condition contained in Warranty Deed from City of Corpus Christi Jose Garza, dated February 17, 1978, transferring to Lot 7, Block 3, La Gloria Addition, from the City to Mr. Garza, which release will remove cloud on title to said property. Mayor Jones ascertained that none of the Council Members had any questions on these items and there were no comments from the audience. Council Member Hawkins suggested that the memorandums provided for the Council's information be made available for the public, if they are not confidential, so that they will be aware inutes Regular Council Meeting October 20, 1982 Page 5 of the background information provided prior to approval of actions by motion. City Manager Martin informed the Council that any member of the public may inspect the memorandums available in the Office of the City Secretary. He also stated that members of the City Staff are always available to explain any item on which there is a question. A motion was made by Council Member Gulley that the foregoing items 1 through 7 be approved, seconded by Mayor Pro Tem Turner and passed unanimously. * * * * * * * * * * * * * * * * * * * * * * * * Mayor Jones called for actions of the City Council by ordinance. City Manager Martin noted that there was a change in the ordinance pertaining to park improvements and provided new figures for the appropriation from the Park Bond Fund and the total appropriation, noting that the reason for this was that the Corpus Christi Beach park improvements are not to be considered at this time because they are not ready. There were no comments from the audience on the new or second and third reading ordinances. City Secretary Read polled the Council for their votes and the following ordinances were approved: FIRST READING: AUTHORIZING A LEASE AGREEMENT WITH THE CORPUS CHRISTI ARTS COUNCIL FOR THE LEASING OF THE PREMISES OF THE MERRIMAN-BOBYS HOUSE FOR THE RESTORATION AND USE OF THE PREMISES. 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 A TEN YEAR LEASE AGREEMENT WITH THE LAS DONAS DE LA CORTE ORGANIZATION TO LEASE THE BAYFRONT PLAZA CONVENTION CENTER'S EXHIBIT HALL FOR THE PURPOSE OF PRESENTING THE ANNUAL BUCCANEER DAYS CORONATION PAGEANT. 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". inutes Regular Council Meeting October•.20, 1982 Page -'6 ORDINANCE NO. 17305: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF BALI DRIVE, FROM MEDITERRANEAN DRIVE NORTHERLY TO THE MAIN TROPIC ISLES CHANNEL 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. 17306: APPROVING THE WRITTEN STATEMENT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT OF VARIOUS COSTS FOR THE IMPROVEMENT OF BALI DRIVE, FROM MEDITERRANEAN DRIVE NORTHERLY TO THE MAIN TROPIC ISLES CHANNEL 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 NOVEMBER 17, 1982, AT 3:00 P.M., IN THE CITY 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. 17307: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF BLOOMINGTON DRIVE, FROM MOLINA DRIVE TO SOUTHBRIDGE SUBDIVISION 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. 17308: APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF BLOOMINGTON DRIVE, FROM MOLINA DRIVE TO SOUTHBRIDGE SUBDIVISION; DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; ACCEPTING AND APPROVING VOLUNTARY PAVING LIENS FROM DAVID AND OFELIA KEEVER AND JOSE AND AIDA LOPEZ, OWNERS OF ALL ABUTTING PROPERTY, FOR THE ASSESSMENTS LEVIED HEREIN; 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. 17309: AUTHORIZING AN AGREEMENT WITH NUECES DEVELOPMENT COMPANY, FOR STREET IMPROVEMENTS ON BLOOMINGTON STREET; APPROPRIATING $9,461.18 FOR THE 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. 17310: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 2 FOR THE SPOHN HOSPITAL AREA STREET 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". .nutes ..egular Council Meeting October 20, 1982 Page 7 ORDINANCE NO. 17311: APPROPRIATING $16,937.60 OUT OF THE PARK BOND FUND AND $7,213.42 OUT OF THE PARK TRUST FUND NO. 111 FOR REIMBURSEMENT TO THE GENERAL FUND FOR WORK ACCOMPLISHED AT VARIOUS PARKS; 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: AMENDING THE CODE OF ORDINANCES, SECTION 6-10(d) TO PROVIDE THAT THE TERM OF LICENSES FOR DOGS AND CATS SHALL BE ONE YEAR FROM THE DATE OF ISSUE. 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". THIRD READING - ORDINANCE NO. 17312: AUTHORIZING A LEASE AGAREEMENT WITH JOE ROE FOR A TRACT OF LAND AT THE ALLISON WASTEWATER TREATMENT PLANT FOR GRAZING PURPOSES. 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. 17313: AUTHORIZING A LEASE AGREEMENT WITH WEST CORPUS CHRISTI ROTARY CLUB FOR A FIVE YEAR LEASE OF APPROXIMATELY 2.75 ACRES OF LAND IN NUECES VIEW TRACTS FOR THE PURPOSE OF MAINTAINING A RECREATIONAL AREA FOR BOY SCOUT TROOP ACTIVITIES. 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. 17314: AUTHORIZING A LEASE AGREEMENT WITH TEJAS BOWMAN ARCHERY ASSOCIATION FOR LEASING OF TRACT A AND TRACT B, NUECES VIEW TRACTS, FOR USE AS AN ARCHERY RANGE; AND CANCELLING ALL EXISTING LEASES WITH TEJAS BOWMAN ARCHERY ASSOCIATION. 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. 17315: AUTHORIZING A LEASE AGREEMENT WITH MR. AND MRS. SIDNEY W. MOORE FOR A 26.93 ACRE TRACT OF LAND AT 12930 HEARN ROAD. 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. 17316: AUTHORIZING A LEASE AGREEMENT WITH ARTURO BAYARENA FOR A 3.937 ACRE TRACT OF LAND BETWEEN HEARN ROAD AND MAGEE LANE FOR GRAZING PURPOSES. inutes _regular Council Meeting October 20, 1982 Page 8 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. 17317: AMENDING THE PLATTING ORDINANCE, SECTION IV, DESIGN STANDARDS, SUBSECTION F, PARAGRAPH 1(c) EXEMPTING NON-RESIDENTIAL CHURCH USES FROM PARK DEDICATION. 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 hearings on four zoning applications. Assistant City Manager Tom Utter announced the public hearing on Application No. 982-6, Mr. Elario Belmontes, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 16, Block 2, Chula Vista Subdivision located at the southwest corner of Horne Road and Shaw Street. He stated that in response to the twenty-eight notices of the public hearing mailed, three in favor and one in opposition had been returned and that both the Planning Commission and Planning Staff recommend denial of this request. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area, pointing out that across the street from this location is the Carmelite Day Nursery as well as the City -County Health Department and the Greenwood Branch Library. He then showed slides of the vicinity. Mr. Wenger stated that the owner has requested the "B-1" zoning in order to establish a flower shop in a residence. Mayor Pro Tem Turner, presiding in the temporary absence of the Mayor, invited the applicant to speak. Mr. Jose Luis Cantu, 928 Mendoza, spoke on behalf of the applicant and stated that he wanted to establish a flower shop on the subject property and that he would accept a special permit in lieu of the "B-1" zoning. No one spoke in opposition to this application. linutes Regular Council Meeting October 20, 1982 Page 9 A motion was made by Council Member Hawkins that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Council Member Hawkins that the zoning request for Application No. 982-6 be denied, seconded by Council Member Gulley and passed unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Utter announced the public hearing on Application No. 982-8, Mr. Ruben J. Valdez, for change of zoning from "B-4" General Business District to "I-2" Light Industrial District on Lot 1, Block 2, Cedar Grove Addition located on the south side of Hala Pit Road at the intersection of Hala Pit Road and Greenwood Drive. Mr. Utter informed the Council that both the Planning Commission and the Planning Staff recommend denial and that the one letter received in opposition was from the property owner at one side of the subject property which is such a large area that it invokes the 20% and approval will require six affirmative votes of the Council. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, noting that the "B-4" zoning was approved to establish a transition between the industrial zoning and the residential zoning across Greenwood. He showed slides of the area and stated that the owner plans to establish outside storage. The applicant, Mr. Ruben J. Valdez, 4105 Nicholson Street, presented two letters from his neighbors offering no opposition to the change of zoning as requested. Mr. Utter examined the letters and stated that the 20% is still in effect. Mr. Valdez informed the Council that he is in the construction business and needs the outside storage primarily during the winter months. He stated that he has owned the property for one and a half years; the building is only two months old; and that he did not know that outside storage was not inutes ,regular Council Meeting October 20, 1982 Page 10 allowed in "B-4" zoning he when started the construction of the building. Council Member Zarsky informed Mr. Valdez that if the area were enclosed, the storage would be allowed in "B-4" zoning. Mr. Valdez stated that the building was designed for office use and he plans to lease most of the space. He stated that he would be willing to construct a metal fence ten feet high around the property and informed the Council that he needs the zoning change in order to have the storage and also to have machinery repair performed by a welder. Council Member Gulley noted that there is a great deal of industrial zoning in the area and Mr. Valdez pointed out that a junkyard is located to the south of his property. Mayor Pro Tem Turner inquired if this change of zoning is strictly for the applicant's use or for his lessees, and Mr. Valdez replied that it is for both. Mayor Jones ascertained that no one wished to speak in opposition to this request. He then stated that he would not object to granting a special permit subject to approval of a site plan if the church in the area does not object. Mr. Utter stated that the church in the area had not replied to the notice but pointed out that the special permit would have to be for a specific use. He noted out that Mr. Valdez at this time is not sure just how much space his lessees would require, and if the Council desires, a special permit could be granted subject to the submission of an approved site plan, indicating the specific use that he plans. Council Member Zarsky suggested that the special permit be limited to specific use for outside storage and parking of vehicles. He stated that an attractive fence would make this use less offensive in the neighborhood. Mr. Wenger emphasized the fact that if the special permit is for storage of vehicles and equipment, then the rest of the facility would be limited to "B-4" use. Sinutes Regular Council Meeting October 20, 1982 Page 11 Council Member Zarsky stated that he felt that the special permit could also list a welder's shop as a use. Mayor Jones suggested that the Council consider tabling this application for six months until Mr. Valdez has had an opportunity to lease all of the property and submit a site plan. A motion was made by Mayor Pro Tem Turner that Application No. 982-8 be tabled, seconded by Council Member Zarsky and passed unanimously. Mayor Jones suggested that Mr. Valdez discuss this with Mr. Wenger to determine the intent of the Council's action. * * * * * * * * * * * * * * * * * * * * * * * * Mr. Utter announced the public hearing on Application No. 982-10, Mr. Juan J. Villarreal, for a change of zoning from "R -1B" One-famiy Dwelling District to "B-4" General Business District on Tract 1 and "A-2" Apartment House District on Tract 2, Tract 1 being a .528+ acre tract and Tract 2 being a .741± acre tract, both tracts out of Lot 6, Section 13, Flour Bluff and Encinal Farm and Garden Tracts located on the south side of McArdle Road approximately 100' east of Prince Drive. Mr. Utter stated that in response to the twenty-nine notices of the public hearing, one in favor and twenty in opposition had been returned. He informed the Council that an additional forty-seven were returned expressing opposition from outside the 200' area. He pointed out that the Planning Commission recommends denial but in lieu thereof, that "B-1" Neighborhood Business District be approved on Tract 1 and "A-1" Apartment House District on Tract 2. He stated that the Planning Staff recommends denial, but in lieu thereof, that the "B-1" be approved 'on Tract 1 but that . "R-2" be approved on Tract 2. He stated that the 20% rule is in effect. Mr. Wenger presented to the Council copies of the zoning map which indicated the property owners who have expressed opposition to the request. He stated that the existing business located in the "R -1B" area is nonconforming use; the area to the north and 4inutes Regular Council Meeting October 20, 1982 Page 12 west is for single-family use; and then showed slides of the area including the property where the nonconforming use is located. Council Member Gulley inquired if Tract 1 would remain under the status of nonconforming use of "B-4". Mr. Wenger stated that the owner could continue operating the stores under the "B-1" zoning. Mr. Gulley then commented that the remainder of the tract is zoned "R -1B" and the applicant proposes to establish approximately twenty apartment units. Mayor Jones pointed out that access to the apartments would be by a driveway along a strip on the side of the property. Mr. Wenger explained this by stating that there is 46' between the building and the property line and the owner proposes to construct a 24 -foot street which is somewhat narrower than a residential street. The applicant, Mr. Juan J. Villarreal, 3718 Palmetto Drive, introduced his representative, Mr. Daniel Herrera. Mr. Herrera, 4934 Cathy, explained that their objective was to make needed repairs to the business and to construct apartments. He stated that the Planning Commission recommended "A-1" zoning rather than the "A-2" as requested and this would allow the applicant to construct fifteen units. He stated that they would accept that zoning because they plan to improve the property a great deal which would actually increase the value of all of the property in the vicinity. He pointed out that apartment zoning has already been approved on a very large tract adjacent to this property and displayed for the Council his proposed site plan. He assured the Council that they are willing to work with the neighbors as much as possible in an attempt to construct something that would be satisfactory to everyone. Mayor Jones inquired about the type of units that will be constructed, and Mr. Herrera explained that they planned units that will be 1,080 square feet which will rent for about $388 per month. He stated that Mr. Villarreal no longer operates the business in the small shopping area. He also pointed out that inutes regular Council Meeting October 20, 1982 Page 13 the apartment building will only be one-story high. Mr. Wenger explained the three types of zoning mentioned, noting that "A-2" zoning allows for twenty-six units; "A-1", fifteen units; and "R-2", ten units. Mr. Herrera stated that the applicant would prefer the "A-1" zoning as recommended by the Planning Commission. Council Member Zarsky noted from the copy of the plan that was presented to them that there is very little green space in the plan and suggested that ten units would be ample for this size property. Mayor Pro Tem Turner stated that she has serious doubt about the wisdom of approving the "A-1". She noted that ninety-eight responses from people in opposition had been received and stated that she had driven through the area and had discovered that this is an area of very nice homes that are well-maintained and that it is a well -kept, stable neighborhood. She stated that it was her understanding that the property owners purchased homes with the assumption that the area would remain zoned "R -1B". She pointed out that the existing residential area is already locked in and questioned what would happen to the rest of this land to the south. Mr. Herrera expressed the opinion that it would eventually be used for apartments as well. Mayor Jones called on those who wished to speak in opposition. Mr. Warren Nycum stated that he has a house at the corner of Bernice and McArdle and that he had invested $25,000 in renovating his house and there are six additional houses in the neighborhood undergoing major renovation. He stated that he had purchased his home with the understanding that there will be no apartments in the area. Mr. Bob Warren, 1310 Prince, expressed opposition stating that he understood that Tract 1 was recommended to be changed to "B-1", which is a neighborhood business district, and stated that he has no problem with this because the small shopping area has Minutes \L Regular Council Meeting October 20, 1982 Page 14 been in existence for a long time. He stated that they are very concerned about the apartments proposed for Tract 2 and questioned the "R-2" zoning since it has never been referred to. Council Member Dumphy explained that "R-2" zoning limits the use to lesser density and provides a buffer zone to the adjacent "R --1B" area. Mr. Utter reiterated that the applicant had requested "A-2" on Tract 2 which will allow for construction of twenty-six units; the Planning Commission recommended "A-1" on Tract 2 which will allow construction of fifteen units; but the City Staff recommends "R-2" zoning on Tract 2 which would allow for ten units. Mr. Warren stated that he is in opposition to the "R-2" zoning as well because the tract is blocked in and the other tract south of the subject area would eventually be used for apartments. He also questioned the width of the proposed driveway or street which would provide ingress and egress to the apartments. Council Member Kennedy inquired if there is a privacy fence on the subject property, and Mr. Warren stated that the various property owners whose houses are at the rear of the subject property have fences. Mayor Pro Tem Turner pointed out that if this request is approved, the area south would probably be zoned for apartments as well. Mr. Utter stated that this was true but he felt that the property to the south would probably be used in conjunction with anouther piece of property which is already zoned for apartments. Also speaking in opposition to the zoning request was Mr. Henry Simmons, 1329 Prince Drive. He stated that the apartment zoned property to the east was approved by the City Council, even though most of the property owners objected to it, a few years ago but the entire area was originally zoned "R -1B" at the time he purchased his home. inutes Regular Council Meeting October 20, 1982 Page 15 Mrs. Gail Garrett, 1314 Prince, stated that she concurred with the remarks of the previous speakers. She stated that she lives in the fourth house from the corner of Everhart and Prince, and if zoning for apartments is approved, they will have no privacy. She stated that they purchased the property because they thought that the entire area would remain zoned "R -1B". Mrs. Garrett also pointed out that the proposed road is too narrow and it is possible that vehicles going down the street would knock down her fence, and trash would be blown over into her yard from the proposed apartments. Also speaking in opposition was Mrs. Esther Martinez, 1305 Prince. She stated that she lives in the second house from the corner of McArdle and Prince; she is a single parent and has two young daughters who walk to school from the area; and stated that she is very opposed to the zoning for apartments because of the additional traffic that would be generated. Mrs. Nancy Rodriguez, 1306 Prince, inquired about the usual standard for a residential street, and Mayor Jones stated that it is 28'. Mr. Utter stated that the applicant proposes a 24' driveway which would be very narrow for two cars to pass. Mrs. Rodriguez pointed out that everyone in the neighborhood is opposed to this requested zoning and urged that the Council deny the application. 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 Gulley that the requested zoning be denied but that the zoning of "B-1" be granted for Tract 1 and that the request on Tract 2 be denied and that it remain zoned "R -1B"; seconded by Mayor Pro Tem Turner. Council Member Zarsky stated that he prefers to approve the Staff recommendation for "R-2" zoning for Tract 2 because he feels that this would be the best use of the property. Minutes Regular Council Meeting October 20, 1982 Page 16 Council Member Dumphy agreed that "R-2" zoning would be good for the subject tract and he felt that the property to the south should also be zoned "R-2" to protect the single-family dwellings from the encroachment of the apartment zoning but stated that he did not know whether this was the proper time to change the zoning. Council Member Gulley pointed out the very limited access to the small tract. Mayor Jones called for the vote on Council Member Gulley's motion and it passed as follows: Jones, Turner, Dumphy, Gulley, Hawkins and Kennedy voting, "Aye"; Zarsky voting, "No". * * * * * * * * * * * * * * * * * * * * * * * Mr. Utter announced the public hearing on Application No. 1082-6, Mr. Eddie Buhidar, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 3, Block 1, Riverside Development Tract 1, located on the south side of Farm Road 624 approximately 162' west of U. S. Highway 77. He stated that in response to the notices of the public hearing, none had been returned and that both the Planning Commission and Planning Staff recommend approval. Mayor Jones ascertained that no one in the audience wished to speak on this zoning application. A motion was made by Council Member Gulley that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Mayor Pro. Tem Turner that the requested "B-1" zoning be approved for Application No. 1082-6, seconded by Council Member Hawkins and passed unanimously. City Secretary Read presented for the Council's consideration the ordinance effecting the change of zoning on this application. He polled the Council for their votes and the following ordinance was approved: Iinute s -Regular Council Meeting October 20, 1982 Page 17 ORDINANCE NO. 17318: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF EDDIE BUHIDAR BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 3, BLOCK 1, RIVERSIDE DEVELOPMENT TRACT 1 FROM "r -1B" ONE_ FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; 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 announced the public hearing on the following street closing: Closing a 50 foot wide by 127 foot long dedicated but unopened street in Ferrell Subdivision No. 2. The right-of-way is located on Ayers Street between Viola Avenue. and Sunnybrook Road. There are no utilities existing or planned within the right-of-way. The Staff concurs in the request to close the right-of-way subject to replatting of the abutting lots. Assistant City Manager James K. Lontos located the street on a transparency and stated that it is only one lot deep; the street has never been opened; the Staff has checked and ascertained that there are no utilities there; the owners of lots 1 through 5 are in favor of the closing; and since the City has no need for the street, the Staff recommends approval of this request. No one spoke in regard to this street closing. A motion was made by Council Member Gulley that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. A motion was made by Council Member Gulley that the 50 -foot wide by 127 -foot long dedicated but unopened street in Ferrell Subdivision No. 2 be closed; seconded by Council Member Dumphy; and passed unanimously. * * * * * * * * * * * * * * * * * * * * * * * * Mayor Jones called for the City Manager's Report. City Manager Martin referred to the Ben Grande Home and reminded the Council that they had authorized the staff to receive bids for the moving of the house; bids were received and Minutes • ' —Regular Council Meeting October 20.., 1982 Page 18 the estimate for the moving was $5,000. He stated that the house will be moved to a temporary site a week from Saturday. Mr. Martin reminded the Council that a Workshop Meeting will not be conducted on October 27. City Manager Martin introduced four members of the Management Development class who were attending the Council. Meeting. Mayor Jones explained several items of proposed legislation that will be considered during the Texas Municipal Meeting next week. * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not listed on the agenda. Mr. Jack Gordy, 5802 Everhart, referred to the lack of action by the Police Department and Traffic Engineering in regard to obstruction of stop signs by trees and shrubs. He stated that he had reported signs at various locations that were difficult to see but no action had been taken to correct the problem. He alleged that the Police Department deliberately ignored the reports in order to be able to issue more traffic tickets. He urged that the Traffic Engineering Department have the shrubs removed, mentioning in particular the intersection of Wicklow and Schanen Boulevard. Council Member Dumphy informed Mr. Gordy that he had reported such obstructions of stop signs to the Traffic Engineering Department and they had immediately been corrected, even though he did not give his name when reported them. Mr. Dumphy suggested that the stop signs should be printed on both sides since the stop sign on the left side of an intersection is usually more clearly visible than the ones located on the right side of intersections. Council Member Kennedy reported that the stop sign on Aberdeen and Everhart is very difficult to see. Addressing the Council on another matter was Mrs. Oscar Bocock, 1258 Devon. Mrs. Bocock referred to information ..inutes Regular Council Meeting October 20, 1982 Page 19 previously presented to the Council in regard to the South Texas Library System which serves libraries in 26 counties and provides many services. She quoted statistics on the availability of services. She urged the Council to support Level 4 funding for libraries. Mayor Jones stated that the Texas Municipal League will consider passage of a resolution in regard to library funding at the State meeting next week. Mayor Pro Tem Turner asked about the proposed location of the new library. She stated that a member of the Library Board had questioned her about this. Mrs. Turner also noted that 36 weeks has passed since the Bond Election and indicated that she felt that City Board has something should be done Manager Martin assured discussed this a number as soon as possible. Mrs. Turner that the Library of times; a site has not been selected; but an architect has been selected; and the next step is for the architect to assist in the selection of a site. Council Member Kennedy made remarks about the Annual Health Fair which will be conducted at Padre -Staples Mall next weekend. He stated that the Fair is conducted to provide health education and provide some free services. * * * * * * * * * * * * * * * * * * * * * * * * * * * * There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Zarsky and passed unanimously, the Regular Council Meeting was adjourned at 5:20 p.m., October 20, 1982.