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HomeMy WebLinkAboutMinutes City Council - 11/17/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 17, 1982 2:10 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 the meeting to order in the Council Chamber of City. The invocation was given by Reverend Dave Evans of Seventh-Day Adventist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Cliff Zarsky. 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. Council Member Bob Gulley introduced his parents who are visiting in the City from out-of-state. Mayor Jones noted the issuance of a proclamation designating November 11, 1982 as "John Groom Day". Mayor Jones then administered the oath to the following newly appointed members to Boards and Committees: Mr. Morgan Spear, Board of Adjustment; Mr. Freddy Martinez, Jr., Mechanical Advisory Board; and Ms. Deirdre Norton, La Retama Library Board. o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o 414kifFo SEP 191984 Minutes Regular Council Meeting November 17, 1982 Page 2 Mayor Jones announced bid openings on the following engineering project: Convention Center Area Drainage Improvements. This project includes the extension of a storm relief line from Water Street to Chaparral Street and along Chaparral to Brewster. A small relief line would be extended to near the Convention Center Building from Brewster and Chaparral to intercept parking lot drainage and to separate the lower level sump pump system from the parking lot drainage system. Assistant City Manager James K. Lontos opened bids on this project from the following firms: C & C Industrial Builders; Claude Chapman Construction Company; Delta Utilities; Garzels Corporation; Goldston Corporation; H & H Concrete Construction Company; Heldenfels Brothers, Inc.; Isles Construction Company; Maverick Construction Company; Mormac Construction Company; A. Ortiz Paving & Construction; W. T. Young Construction Company; and Vermillion Construction Company of Fulton, Texas. * Council Member Herbert Hawkins arrived at the meeting at 2:21 p.m. during the foregoing bid opening. ** Mayor Pro Tem Betty Turner arrived at the meeting at 2:25 p.m. during the bid opening. Mayor Jones expressed appreciation to the companies who had submitted bids and stated that they would be tabled for 48 hours, pursuant to the requirements of the City Charter and referred to the Staff for tabulation and recommendation. 0*o*0*0*0*0*0*0*0*0*0*0*0*0*0*0*0*0* Mayor Jones called for action of the Council from the Workshop Session on the following item: The City request that the artificats from the 1554 Spanish ship wreck be displayed here and indicate that it is willing to do whatever is necessary to adequately display the artifacts. A motion was made by Council Member Gulley that the fore- going item be approved, seconded by Mayor Pro Tem Turner and passed unanimously. o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o Minutes Regular Council Meeting November 17, 1982 Page 3 Mayor Jones called for actions of the Council by Motion on the following items: 1. Proposals be received December 7, 1982 for a twelve months agreement for Fire Alarm and Security System Maintenance for the Delta 1000 central control equipment and all fire protection devices at the Convention Center. 2. Twelve months supply agreements he approved for traffic sign material as follows: a. Vulcan Signs, Foley, Alabama: 800 Sign Blades 400 Sign Brackets 1875 Sign Blanks Total: Net, FOB Destination b. Southwestern Pipe, Inc., Houston, Texas 1369 Traffic Sign Posts - Total: 1% 10 Days, FOB Destination c. Saf-T-Mark Supply Co., Tyler, Texas 6000 gal. Traffic Paint 5500 ea. Pavement Markers 25 gal. Adhesive Net, FOB Destination Total: $ 2,832.50 1,916.00 9,813.75 $14,562.25 $19,537.11 1$30,252.60 6,064.50 997.50 $37,314.60 d. Potters Industries, Inc., Austin, Texasi 36000 Glass Spheres Total: $ 8,484.12 Net, FOB Destination e. 3-M Company, St. Paul, Minn. - 125 Rolls Reflective Sheeting $25,798.79 Misc. Processing Material 2,180.55 Total: $27,979.34 Net, FOB Destination f. PBS, Inc., Hearne, Texas 2830 Pkg. Numbers & letters Total: - 9,533.30 Net, FOB Destination Grand Total: $117,410.72 Bids were received from 8 firms. Price comparison shows no change from the previous contract. 3. The plans and specifications for the Concourse Renovation be approved and bids be received on December '15, 1982. The plans include the construction of double brick walls with insulation and the installation of heating and air con- ditioning units in the two concourses. Minutes Regular Council Meeting November 17, 1982 Page 4 4.* 5.* 6. A revocable easement be granted to Warrior Management Company for the purpose of placing a 2-1/2" diameter pipeline in a portion of Corn Products Road and Hopkins Road. The pipeline would carry natural gas in the area and would connect to the Huston Pipeline Company's 12" gas line in Corn Products Road. A fee of $1,778.50 is recommended for the easement grant. 7. The agreement between the City and Mr. Fernando Turegano, contract sculptor of the Seabird Sculpture, (approved October 7, 1981 by Ordinance No. 16587) be amended to extend the contract period for no more than six months. 8. Sexton Oil & Minerals Corporation be granted a permit to drill a well from a regular location near the geometric center of Nueces Bay. The State Tract 723 Well No. 1 will be drilled as a straight hole to a depth of 4,000 ft. No exceptions to the Bay Drilling Ordinance are requested. P 9. Cities Service Company be granted a permit to drill a fourth well in Mustang Island, State Park and the use"of earthen mud pits be permitted. The State Park Tract 2 Wall No. 3 will be located 3,400 ft. in a southwesterly direction from the Fish Pass and 3,960 ft. in a westerly direction from Park Road 53. The well will be drilled as a straight hole to a depth of 10,000 ft. The Land Drilling Ordinance prohibits drilling within 175 ft. of a public park and the use of earthen mud pits. The drill site and use of earthen mud pits meets with the approval of the Texas Parks and Wildlife Department. No other exceptions to the 'Land Drilling Ordinance are requested. A motion was made by Council Member Hawkins that the fore- going items, with the exception of items 4 and 5, be approved; seconded by Mayor Pro Tem Turner and passed unanimously. Mayor Jones called for consideration of item 4'. 4. Approving a change order in the amount of $42,283.96 to the contract with W. T. Young Construction Company for improve- ments to the Broadway Wastewater Treatment Plant for removal of a concrete structure discovered during excavation for the new bar screens and raw sewage pump building. Funds are available in the contingency appropriation. Council Member Zarsky referred to the concrete mentioned and inquired if it was submerged or covered. Assistant City Manager Lontos explained that the concrete structure was covered; the Staff has been unable to identify it; it could not be avoided by the construction company in working on the improvements to the Broadway Wastewater Treatment Plant; and * Removed from Consent Agenda for further discussio L Minutes Regular Council Meeting November 17, 1982 Page 5 the Staff had been unable to find any plan or anything in the files to indicate what the structure was. He explained that it was a massive structure of concrete and would have to be removed by the contractor before the improvements to the plant could be completed. Council Member Zarsky inquired if the Staff does not conduct any examination of sites before plans and specifications are prepared. Mr. Lontos explained that usually, the project is awarded with the understanding that the site will be "as is", but this is a very unusual structure in that it was so large. Council Member Hawkins suggested that possibly, it should be bid as a separate item, but Mr. Lontos pointed out that this is a $3.5 million contract that has been under construction for some time; the contractor was already working in the area; the esti- mate for removal was so high that the Staff felt that it would be preferable to have this contractor do the work. 5. Authorizing the City Manager to execute an agreement with Texas A & M University Research and Extension Center pro- viding for the extension of approximately 4,600 linear feet of 8 -inch diameter water line from the existing 48 -inch diameter transmission main at Rand Morgan Road in the Clarkwood Area westerly to the Extension Center. The A & M Research Center will pay 100% of the cost of the 8 -inch line outside the City limits, amounting to $35,769, while the City will provide for.the water line costs inside the City limits, or approximately $16,000. The City's Water Division will construct the water line with the City's costs being funded from the 1982-83 Water Division operating budget for various fire protection line extensions. Mayor Jones inquired if the approval of this item would establish a precedent that would change the City's annexation policies. He noted that an 8" line would have the capacity to serve a number of people who have property along the line between the City limits and the A & M Extension Center. Mayor Jones expressed concern that if they are allowed to tie on they should agree to annex. Assistant City Manager Lontos assured the Mayor that the property owners along the location of the water line would not be Minutes Regular Council Meeting November 17, 1982 Page 6 able to tie on unless they did agree to annex. He explained further that the A & M Extension Service requires better water pressure and requested that they be served by the City. He also pointed out that the Extension Center could not be annexed because they are not contiguous to the City. Mayor Jones urged that the City not make exceptions to the annexation requirement when the water is provided residents outside the City limits. A motion was made by Mayor Pro Tem Turner that item 4 and 5 be approved, seconded by Council Member Hawkins and passed unanimously. The Council then considered the ordinances on the Consent Agenda. There were no comments either from the Council or the audience and the following were approved: ORDINANCE NO. 17361: AMENDING ORDINANCE NO. 16352 AS AMENDED BY ORDINANCE NO. 16700 AUTHORIZING INDUSTRIAL DISTRICT AGREEMENT WITH SABER REFINING COMPANY FOR INDUSTRIAL DISTRICT NO. 23-A AND 23-B TO DELETE PAGE ONE OF EXHIBIT A DESCRIBING A 8.663 ACRE PORTION OF CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 23-B AND INCLUDING THIS SAME 8.663 ACRE TRACT WITHIN EXHIBIT A OF CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 23-A; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. ORDINANCE NO. 17362: CLOSING AND ABANDONING THAT PORTION OF RESACA STREET FROM THE EAST RIGHT-OF-WAY OF NORTH MESQUITE STREET TO THE WEST RIGHT- OF-WAY OF NORTH CHAPARRAL STREET; REVERTING OWNERSHIP TO ADJACENT PROPERTY OWNERS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. SECOND READING: AMENDING THE CODE OF ORDINANCES, CHAPTER 57, VEHICLES FOR HIRE, ARTICLE II. TAXICABS, BY PROVIDING FOR GRANTING CERTIFICATES OF CONVENIENCE AND NECESSITY AND THE REGULATION OF TAXICAB OPER- ATIONS, AND RELATED PROVISIONS THERETO; AND PROVIDING FOR SEVERANCE AND PUBLICATION. Minutes Regular Council Meeting November 17, 1982 Page 7 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. THIRD READING - ORDINANCE NO. 17363: AUTHORIZING A FIVE-YEAR LEASE AGREEMENT WITH THE U. S. DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FOR THE LEASE OF A SLIP AT THE CITY MARINA WHICH PROVIDES FOR AN AUTOMATIC YEAR TO YEAR RENEWAL SUBJECT TO 30 DAYS WRITTEN NOTICE OF TERMINATION BY EITHER PARTY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. THIRD READING - ORDINANCE NO. 17364: AUTHORIZING THE RENEWAL OF A LEASE AGREEMENT WITH THE OSO LITTLE MISSES KICKBALL FOR A PERIOD OF 5 YEARS FOR A TRACT OF LAND IN SOUTH GUTH PARK. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. THIRD READING - ORDINANCE NO. 17365: AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY ADOPTING CERTAIN NEW PROVISIONS OF CHAPTER 55 ENTITLED "UTILITIES" SO AS TO ADOPT A POLICY ON WATER MAIN EXTENSION ASSESSMENTS DESIGNATED AS SECTION 55-55 ESTABLISHING A METHOD OF COMPUTING A PER FOOT ASSESSMENT RATE BASED ON (A) ESTIMATED COST OF'WATER MAIN EXTEN- SIONS AND (B) ACTUAL BID COSTS OF WATER MAIN EXTENSIONS; PROVIDING FOR SEVERABILITY, PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o* The Council then considered the items on the Regular Agenda. 16. Authorizing Harbor Playhouse, Inc., to construct the west wing addition to the Harbor Playhouse building. A motion was made by Council Member Hawkins that item 16 be approved, seconded by Council Member Gulley and passed unani- mously.' 0*o*0*0*0*0*0*0*o*0*0*0*0*0*0*0*0*0*0*0 Mayor Jones called for actions by ordinance on the following items: 17. First Reading - Assignment of the agreement for Snoopy's Pier be approved from John M. Parramore to Ernie C. Buttler and Corliss W. Buttler, and a new agreement be approved with Mr. and Mrs. Buttler. The new agreement would expire Minutes Regular Council Meeting November 17, 1982 Page 8 September 1, 2000, provided that the operator constructs improvements to the restaurant area in the first five years, and additional improvements to the pier and parking lot areas within the first ten years. The monthly rent of $324 would be renegotiable every two years, with the City having the right to increase the rent up to 25% at the end of each two year period. Snoopy's Pier is located on the Intra- coastal Canal adjacent to the Kennedy Causeway. 18. Granting a special permit to Spohn Hospital for a proposed parking garage subject to the approval of a site plan and acceptance of other conditions as outlined during a September 1, 1982, public hearing on the original zoning application. A site plan has been prepared which provides substantial compliance with the terms outlined in the special permit motion. Mayor Jones informed the audience that a site plan has been submitted on the Spohn Hospital request which provides sub- stantial compliance with the terms outlined in the motion by the Council to approve a special permit. Mayor Pro Tem Turner disqualified herself from discussing or voting on this matter since she and her husband own property immediately across the street from the entrance to the parking lot and on the advice of her personal legal counsel and that of the City attorney, she stated that she will disqualify herself. Mrs. Turner then departed the Council Chamber. Mayor Jones mentioned that the 20% rule is in effect and inquired about the requirements for passage of this ordinance. City Manager Ed Martin explained that passage of the ordi- nance will require five affirmative votes of the Council. He explained that the City Staff was instructed to provide a site plan that would meet the requirements included in the motion to approve the special permit on September 1, 1982. He then asked Mr. Utter to explain further. Assistant City Manager Utter provided background information pertaining to the case which was heard by the City Council on September 1st. He noted that as a result of that hearing, the Council passed a motion to approve a special permit in lieu of the requested "B-1" zoning with four specific stipulations as follows: (1) agreement by the Board of Trustees of Spohn lospital to not expand hospital uses south of Cole Street for a Minutes Regular Council Meeting November 17, 3982 Page 9 period of not less than twenty-five years; (2) that lots 1, 2 and 24, currently owned by Spohn Hospital, be maintained as green space or with well-maintained structures compatible with existing zoning; (3) that the garage be no more than three levels or two stories above grade; and (4) that a site plan be prepared for Council approval after discussions with the City Staff with the site plan to include the following items: (a) traffic pattern, including no right turn on Second Street; (b) traffic flow; (c) design (including lighting); (d) screening, etc. Mr. Utter continued his explanation by informing the Council that the Staff has met with representatives of Spohn Hospital and representatives of the Del Mar Association. He expressed the opinion that they have a good site plan and assured the Council that the basic thrust of the Staff was that a site plan be developed which would have as little adverse effect as possible 'on the surrounding neighborhood. Mr. Utter then displayed a site plan and described it, stating that the garage fronts on Third Street; one entrance -way will be on Third Street; Spohn will dedicate right-of-way on Third Street, with the provision for a turning lane easterly at the intersection of Ayers and Third; there will be extensive landscaping; direct entrances and exits into and from the parking garage will minimize traffic through the Del Mar neighborhood; visual barriers, such as louvers or grates will be provided on the south side of the parking garage; a wood screening fence along the south boundary of the property will be installed; and the Staff recommends approval of this site plan because they are of the opinion that these provisions will ameliorate the impact of the parking garage on the Del Mar neighborhood. Mr. Utter explained that in addition to the site plan as outlined, Spohn Hospital has requested changes in the motion to add the following two provisions: (1) the Board of Trustees of Spohn Hospital has requested that in regard to expansion of hospital uses south of Cole Street, that the following phrase be Minutes Regular Council Meeting November 17, 1982 Page 10 added, "that Spohn Hospital may acquire property within that area for any use permitted by any future change in zoning which was not initiated directly or indirectly by Spohn Hospital or any entity acting for it"; and (2) Spohn Hospital has requested that they be allowed to have parking on four levels rather than three and that they be allowed to have three stories above grade rather than two. He stated that the Staff has determined that one additional level of parking would not significantly affect the nature of the parking garage or the neighborhood. In regard to the expansion south of Cole Street, Mr. Utter stated that the ordinance will specifically state that the area south of Cole Street between Ocean Drive and South Staples Street within the W. Leslie Evans and the Del Mar Subdivisions will be the area into which Spohn Hospital cannot expand except with change of zoning as indicated above. He also stated that they had agreed to the maintenance of lots 1, 2 and 24. Mr. Utter concluded his remarks by stating that the Staff recommends approval of the site plan and the other special conditions. Mayor Jones inquired about the number of levels that could be constructed under the existing zoning, and Mr. Larry Wenger, Director of Planning, stated that a building of forty-five feet could be constructed for apartment use. *** Council Member Charles Kennedy arrived at the meeting at 2:59 p.m. Council Member Dumphy noted that Mr. Utter had indicated in his memorandum that the Staff had met with the Del Mar Asso- ciation. He inquried about their opinion of this plan. Mr. Utter stated that he hesitated to speak for the Del Mar residents, but he was of the opinion that they were not satisfied with the site plan and the revised conditions. He admitted that they had requested that this be delayed until they had had an opportunity to have their architects examine the site plan. Mayor Jones invited those in favor of the application to speak at this time. Minutes Regular Council Meeting November 17, 1982 Page 11 Mr. Hayden Head, Member of the Board of Trustees of Spohn Hospital, stated that he has been authorized to speak for the Board. He stated that the Board had recommended that the con- ditions of the motion passed on September 1st be simply amended as it pertained to the following restrictions: (1) if anyone else brought about a change of zoning in the area south of Cole Street, Spohn Hospital should be able to take advantage of any change of zoning not inititated by Spohn Hospital; and (2) the garage was always planned for four levels from the beginning of the application procedures, and their board felt that the best possible thing for the neighborhood was to allow Spohn Hospital to build a fourth level in the future, since three levels will already be located there. He assured the Council that Spohn Hospital proposes to spend a large sum of money for landscaping; Spohn Hospital has agreed to the traffic flow as shown on the site plan; and they are of the opinion that they have substan- tially complied with the spirit of Dr. Kennedy's motion. Speaking in opposition to the request was Mr. Jack Cooper, President of the Del Mar Neighborhood Association. Mr. Cooper reviewed the events that occurred during the public hearing on this case on September 1st, at which time, they had approximately twenty-six speakers who expressed their concern about encroachment of Spohn Hospital into their neighborhood. expressed the opinion that the motion approved by the Council the He was a good compromise. Mr. Cooper stated that during their early discussions with Spohn Hospital, they had been assured that the parking garage would be three levels only, and also, Spohn had assured them that they had no plans to purchase any more property south of Cole Avenue. He noted that their application to the Texas Department of Health Facilities was -for a two-level parking garage; there has been no amendment to their application with the State for the additional level; but they now propose to add the height restrictions in this zoning to allow for much higher structures. He stated that the residents of Del Mar are of the r. Minutes Regular Council Meeting November 17, 1982 Page 12 opinion that a parking garage is just that and no amount of landscaping will camouflage the structure. He displayed a photograph of another parking garage in another area of the City and stated that he did not think that it was the type of struc- ture that should be located in a residential neighborhood. He noted that the site plan allows for louvers or some type of screening between the garage and the residential area but pointed out that unless screening is installed all around the building, it will be very unattractive. He stated, however, that their Association's major concern is further encroachment into their neighborhood. He pointed out that the amendment proposed by Spohn in the wording pertaining to the expansion south of Cole Avenue prevents policing of any change of zoning requests ini- tiated by other parties in their neighborhood. He pointed out that anyone could do this and then sell the property to Spohn Hospital. He stated that the twenty-five year moratorium on expansion south of Cole Avenue was very important to Del Mar residents, and they are of the opinion that this additional phrase is just an attempt to obtain a legal loophole. He informed the Council that a resident on Third Street had already been offered a large sum of money for the sale of his property. He stated that the Del Mar Association is apprehensive that the parking garage is really planned to be located in the center of the Spohn Hospital Complex, which means that Spohn Hospital already has plans to expand south of Cole Avenue.1 Mr. Cooper pointed out to the Council that Spohn Hospital had not complied with the Council's original motion, yet the Staff now states that they have substantially complied with the motion. He urged that the site plan not be approved and that Spohn Hospital be instructed to build their garage on the north side of their complex. Mr. Richard Stone, Attorney representing Mrs. Countiss, who owns property in the Del Mar Addition, referred to the proposal made by Spohn as it applies to the motion and the conditions set Minutes Regular Council Meeting November 17, 1982 Page 13 out by the Council. He noted that Mr. Utter had stated that the Del Mar group had met with the Staff on several occasions. Mr. Stone clarified this by informing the Council that they had met with Mr. Utter on two occasions after the site plan was filed on November 11 which was just a week ago. He stated that they had requested that Mr. Utter defer placing this on the agenda until the Association had an opportunity to have a study of the site plan made by their architects, but he refused to do so. He stated that the Association has not had an opportunity to study the proposed site plan, but they are of the opinion that there are some legal ramifications. He referred to Spohn's request that a four -level garage be approved which would ae three levels above grade and commented on the fact that Mr. Head had stated that there has been no secret that they wanted thrlee levels above grade, but this is not what was presented to the City and was not what was presented to the State of Texas in their application. He produced their application to the State which specified a two-story parking garage. He asked that the City attorney comment on this to the Council because this is a d 'rect violation of the Platting Ordinance, in particular referring11to Article 30, Sections 02.2 in which it states that any chang in the appli- cation constitutes a new application and must be presented all over again. Mr. Stone continued by stating that the other' portion of the site plan which they feel violates the existing otdinance is the height of the proposed three levels. He pointed out that the site plan was not signed by a professional engineer and he is of the opinion that it is very difficult to ascert4in height from the subject site plan. He pointed out that three stories above ground would place the structure at thirty-two feet and installing lights would increase the height of the structure to at least forty-six feet, which is one foot above the allowance for "A-1" and "AB" zoning; therefore, their proposal exceeds the Minutes Regular Council Meeting November 17, 1982 Page 14 maximum height allowed. He also pointed out that the site plan does not designate the setback requirements. He recalled that Mr. Utter had stated that the front would be on Ayers Street and the property must have a twenty foot setback, but there is no setback on the site plan. He stated that if the front of the structure is on Third Street, a ten -foot setback would be required; but the property line setbacks are not even included on this site plan. He also referred to Mr. Utter's statement that the additional level would have no effect on the neighborhood. He disagreed with that, stating that if you already have a traffic problem, an additional 268 parking spaces will certainly increase that problem. Mr. Stone also pointed out that Mr. Utter's recommendation is in direct conflict with the statement he made at the hearing on September 1st, at which time, he agreed that the aesthetics of a large concrete structure would certainly have an effect on the area. He referred to Mr. Cooper's photograph of a parking garage which he stated was very graphic and is very definitely a massive concrete structure, and an additional level would certainly have an adverse effect on the neighborhood. He reiterated that Spohn had originally requested a two-level structure, both in their application to the State for a Certificate of Need and in their application to the City for zoning. He reminded the Council that Spohn had not indicated to anyone, including the Del Mar Association, that they really plan three levels above grade for the garage. He confirmed this fact by quoting from a letter addressed to Mr. Cooper dated June 28, 1982 in which they stated that the proposed parking garage would be two stories maximum and would be placed parallel to Ayers Street. Mr. Stone urged that the site plan not be approved. He also urged that if the amendment in the wording in regard to encroach- ment is to be added to the motion, that that amendment also be denied. He expressed the opinion that the request for an additional .third level vastly changes their application and Minutes Regular Council Meeting November 17, 1982 Page 15 violates the City Zoning Ordinance, noting that they should be required to resubmit their application. Mr. Stone referred to Dr. Kennedy's motion on September 1, at which time he presented a compromise for two levels above ground with certain provisions and he was of the opinion that the Staff recommendation on the site plan and approval of the amen- dment in regard to the expansion is certainly a long way from that compromise. He again urged that the Council adhere to the original motion to approve a special permit. Mayor Jones inquired of Assistant City Attorney Bob Coffin if it was his opinion that this amendment changes their applica- tion and if they should be required to resubmit. Mr. Coffin explained that the Legal Department treats this section of the Zoning Ordinance as meaning that if the original application is changed, the application must go back to the Planning Commission. He expressed the opinion that their applica- tion is still a change from "A-1" and "AB" to "B-1" and there has been no change in that portion of their application. He stated that he interprets the Council's motion to grant a special permit to be in lieu of granting the zoning. He disagreed with Mr. Stone that this is a legal question as far as changing Spohn's application. Council Member Dumphy expressed the opinion that if that procedure is illegal, then the Council has been guilty of approving a number of special permits and site plans which are different from their original motions. Mr. Coffin continued by stating that according to the site plan, the height structure of the would not be in excess of the maximum allowed. He also referred to the setback requirements and stated that the requirements would depend upon which street the garage fronts on. The next speaker in opposition was Mrs. Georgia Nelson, a resident of Del Mar Subdivision, who referred to one matter that was never addressed by the Staff that was brought up during the Minutes Regular Council Meeting November 17, 1982 Page 16 public hearing. She inquired if anything was going to be done about storm drainage because she was of the opinion that the construction of the garage would affect the drainage in the neighborhood. Mayor Jones inquired if adequate drainage is not required as a part of the approval of a site plan before a building permit could be issued. Mr. Utter explained that virtually all of this is paved parking lot now which drains well anyway, and the construction of this garage would not increase the drainage problem. Mrs. Marsha Acock, 434 Del Mar, informed the Council that she had discussed this matter with the City Attorney, J. Bruce Aycock, who brought up an interesting point concerning the previous actions by Spohn Hospital. She recalled that Spohn Hospital had originally planned to construct the parking garage on the other side of the hospital on Elizabeth Street but they wanted Elizabeth Street closed, and it was ascertained that, according to a previous agreement between the City and the developers of the Glasscock Landfill, that street could never be closed. For this reason, Mrs. Acock expressed the opinion that Spohn Hospital actually plans to have this parking garage as the center of their complex and the residents of Del Mar are fearful that their actual plans are for expansion to the south rather than to the north. Mr. John Neet, 449 Atlantic, stated that the residents of Del Mar feel that they are going to have to have a parking garage in their neighborhood whether they want it or not. He pointed out that they have just been made aware of the site plan, and in his opinion, as far as the screening and landscaping is con- cerned, he was of the opinion that Spohn would actually plant one -inch diameter trees which would not do much to screen the unattractive structure. He pointed out that a six-foot screening fence and a few small trees would certainly not disguise the fact that this is a large concrete structure. He expressed the opinion that the garage should be completely Minutes Regular Council Meeting November 17, 198,2 Page 17 blocked from view if it is approved. Mrs. Susan Holly Lowe, 421 Palmero, stated that she was speaking for herself and for her husband and informed the Council that they are very proud of their home and more importantly, they are very proud of their neighborhood. She stated that she and her husband agreed with the neighborhood objection to this parking garage which would change the neighborhood in which they live. She urged that the Council consider the Del Mar residents and not allow Spohn Hospital to further infringe on their neighborhood. Mrs. Jean Sughrue, spoke in opposition to the zoning change by stating that Mr. Utter had informed them during their discussion on November 12 that their discussion would be limited to the site plan that had been prepared. She stated that Mr. Utter was very prejudiced in favor of Spohn Hospital when he discussed the matter with the representatives of the Del Mar Association. She informed the Council that she and others had met with City Attorney Aycock on Tuesday and ascertained that Spohn Hospital did not plan to construct the garage on the north side of the hospital with a walkway because the 1City could not close Elizabeth Street because of an agreerkent with the developers of the Glasscock Landfill. She questioned why this Council was bound by an agreement a previous Council had made with a developer. She also informed the Council that Mr. Utter had informed the Del Mar Association that it would be impossible for the amendment to the provision pertaining to further expansion south by Spohn Hospital to be policed. Mayor Jones inquired of the Staff about the agreement with the developer of the Glasscock Fill. Mr. Utter stated that the agreement w8, with Scotch Developers who were the original developers and it was in the form of a written contract. Mrs. Sughrue inquired if the original developers still wanted Elizabeth Street to remain open and suggested that the Minutes Regular Council Meeting November 17, 1982 Page 18 staff investigate that aspect. Mr. Paul Duncan, 610 Del Mar Street, expressed concern that a four-story garage would provide motorists an opportunity to see into the backyard of the residences located there. Council Member Kennedy expressed concern about the encroachment into the Del Mar neighborhood by Spohn Hospital. He stated that his motion on September 1st was designed to establish a line beyond which Spohn Hospital should not be expanded. He recalled that he also wanted screening to be provided and he was concerned about the traffic flow. He stated that he understands both sides of the issue because he lives in the Del Mar Subdivision and he practices at Spohn Hospital. He stated that he, personally, was of the opinion that the language in regard to the expansion south of Cole does meet his concerns; the traffic pattern is good; and the planned green area will provide screening. He sugggested that the garage be no more than three levels above grade but that construction of the top level be delayed for five years and that the Board of Trustees of Spohn Hospital at the time they decide to construct the fourth level, give consideration to an elevated crosswalk across Ayers Street. Council Member Gulley stated that he concurred with the additional requested by Spohn in regard to the change of zoning phrase pertaining to expansion south. A motion was made by Council Member Gulley that the site plan be approved according to the recommendation of the Staff and that construction of the fourth level be delayed for five years; seconded by Council Member Hawkins. Mayor Jones expressed the opinion that the traffic'generated would not be greatly increased and he did not think that the garage would look any worse than the existing parking lot with the chain link fence. Minutes Regular Council Meeting November 17, 1982 Page 19 Mr. Utter stated that he felt that the motion should address the question about the height and setback requirements and suggested that the motion indicate that they should meet with the City Code requirements for B-1" zoning. Council Member Gulley agreed to amend his motion to include height and setback requirements in accordance with the City Code and that Spohn Hospital give serious consideration to constructing an elevated crosswalk across Ayers Street at the time the third story is constructed. Council Member Hawkins concurred with this amendment to the motion. Council Member Zarsky questioned why Spohn Hospital should have to wait for five years for the fourth level. Sister Kathleen, Director of Spohn Hospital, pointed out what the Council is approving is just what Spohn had requested and that they just wanted the approval for a fourth level five years from now. She did express concern, however, about Mr. Utter's statement about setback and height requirements. Discussion followed on the height of the building, and Mr. Utter stated that under "B-1" zoning, thirty-five feet is allowed for the three-story structure. He stated that the proposed building would be thirty-three feet high and there is a question as to whether or not the lights on top constitute a part of the structure. He stated that the second question was in regard to the setback dependent upon what is designated as the front of the building. He expressed the opinion that the Staff could work with the Spohn Hospital to work this out. Mr. Stone addressed the Council again and pointed out that the structure would be thirty-three feet high and the proposed lighting would increase that to forty-five feet. He expressed the opinion that the lighting is a part of the structure and the present site plan cannot be adapted and still be in compliance with "B-1" zoning and setback requirements. Mr. Utter agreed that since the request was for "B-1" zoning, the maximum height under that zoning should be adhered Minutes Regular Council Meeting November 17, 1982 Page 20 to. He referred to the lighting and expressed the opinion that this is a legal question as to whether the light installation is a part of the structure. Council Member Dumphy stated that if it is true that the structure must be within the height limitation of the requested zoning, the lighting problem should be addressed by Spohn Hospital and should not concern this Council. He pointed out that if the hospital cannot place lights on top of the building, then they can work out some other type of lighting. The motion to approve the site plan passed as follows: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarksy voting, "Aye"; Turner, disqualifying herself. City Secretary Read polled the Council for their votes on the two ordinances and the following were passed: FIRST READING: AUTHORIZING A LEASE AGREEMENT WITH ERNIE C. BUTTLER AND CORLISS W. BUTTLER DBA SNOOPY'S PIER FOR THE CONSTRUCTION AND OPERATION OF A BAIT STAND BUSINESS ON TRACT NO. 13 OF THE COASTAL PUBLIC LANDS FOR TWENTY YEARS TO FURTHER PUBLIC RECREATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, absent from the Council Chamber at the time the vote was taken. ORDINANCE NO. 17366: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SPOHN HOSPITAL BY GRANTING A SPECIAL COUNCIL PERMIT ON LOTS 6 THROUGH 22, BLOCK 6, DEL MAR SUBDIVISION FOR A PARKING GARAGE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, disqualified herself. 0*o*0*0*0*0*0*0*0*0*0*0*0*0*0*0*0 Mayor Jones announced the public hearing on the following matter: The preliminary assessment roll for the improvement of Bali Drive from Mediterranean Drive northerly to the Main Tropic Isles Channel. The preliminary roll provides for assess- ments of $25,018.55 for 30 items. The low bid on the project was $102,739.25 by Heldenfels Brothers, Inc. This is a 1977 Voluntary Paving Project. Minutes Regular Council Meeting November 17, 1982 Page 21 Assistant City Attorney Bob Coffin explained that the purpose of the hearing is to present testimony to provide the Council with the basis to approve the preliminary assessments and to provide an opportunity for the property owners to address the Council in regard to their assessments. Mr. Coffin called as his first witness, Mr. Gerald Smith, P. E., City Engineer. Through questioning of the witness, Mr. Coffin ascertained that Mr. Smith has been employed by the City of Corpus Christi for twenty-three years and that he has on file with the City his qualifications. Mr. Smith stated that he is familiar with the Bali Drive area and then displayed a transparency showing the location of the street that extends from Mediterranean Drive northerly to the Main Tropic Isles Channel. Mr. Smith explained that this is a 1977 Voluntary Paving Program; the thirty property owners re- quested that the City perform this work; and the plans and specifications were prepared in the City Engineering Offices. Mr. Smith described the project and stated that the improve- ments to Bali Drive will be by excavation to a width and depth to permit laying of a 28 -foot wide street within the existing 50 -foot right-of-way; the improvements will include 6 -inch curb and gutter sections, 6 -inch thick compacted sub -grade, 8 -inch thick flexible caliche base and 11/2" of hot -mix asphaltic pave- ment. He stated that there will also be 4 -foot wide reinforced concrete sidewalks 4" thick, and 4" thick reinforced concrete driveway's as shown on the plans. Mr. Smith informed the Council that bids were received October 15, 1982 from eleven contractors and the low bidder was Heldenfels Brothers with a bid of $102,739.25. He explained to the Council that in accordance with the City's Assessment Ordinance, the lower rate for assessments will apply on this project since it is a 1977 Voluntary Paving Project. He stated that the value of the assessment roll is $25,018.55 and the City's portion of the project will be $77,720.70. He continued Minutes Regular Council Meeting November 17, 1982 Page 22 by stating that payment of the assessments will not be due until the project is completed and this may be paid either in cash or within five years at an interest rate of 6;%. Mr. Smith anticipated that the contractor will start on the project at the end of December and it should be completed in approximately two months. He informed the Council that there has been some delay on this project because they have had to obtain drainage easements from property owners. Mayor Jones called for comments from the audience on Mr. Smith's testimony. Mr. John Lucas, 3331 Bali, inquired as to where the drainage will be directed. Mr. Smith pointed out the drainage easements on the trans- parency which will allow drainage into Tropic Isles Channel. Mr. Jack Glaeser, 3314 Bali, expressed concern about the drainage which might cause the seawall acrosss the channel to be damaged. He questioned the location of the drainage route, explaining that the seawall in front of his property had been damaged when a large drainageway had been established across the channel from him. Mr. Smith explained that they could have used a drainage easement at any location on the street and the most desirable location is the one at the end of the street where they plan the drainage at this time. He explained to Mr. Glaeser that he did not need to be concerned because the damage he referred to was caused by the construction of a very large storm sewer which was constructed whereas the one proposed for this project is a very small storm sewer. Mr. Coffin called as his next witness Mr. W. J. "Bill" Holly. Through questioning of the witness, Mr. Coffin ascertained that he is a real estate broker and appraiser, that he is qua- lified to serve in the capacity of appraiser for the City, and that he has a copy of his qualifications on file with the City of Corpus Christi. Minutes Regular Council Meeting November 17, 1982 Page 23 'Mr. Holly stated that he is very familiar with the area and that he has examined each and every piece of property included in the assessment roll. He informed the Council that even though there are four irregular shaped lots, he is of the opinion that the assessments should not be reduced on those lots. There were no further comments from the audience. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Hawkins and passed unani- mously. o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. J. W. Gary, Attorney representing Tuloso-Midway Indepen- dent School District, informed the Council that they had been unable to have a plat filed for record. He stated that on April 27, 1982, the Planning Commission approved a preliminary plat subject to one condition which mentioned the construction plan. He stated that he had written a letter to City Engineer Smith that the construction plans had been completed, but the City of Corpus Christi has not filed a final' plat. He urged that the plat be filed for record immediately or that the Staff provide a written statement as to what engineering or legal requirement has not been met. He expressed the opinion if there were conditions that must be met before plat approval, they should have been included in the minutes of the meeting. City Manager Martin disagreed with Mr. Gary's comments and informed the Council that he was of the opinion that the Staff was trying to work with Mr. Gary and Tuloso-Midway Independent School District. He informed the Council that the plat is a very bad one because there are serious deficiencies in the construc- tion plan. He stated that the Staff had asked them to go back to the School Board for changes. He assured the Council that the Staff has not delayed this but they feel that there are very serious, obvious problems. He stated that he will provide a Minutes Regular Council Meeting November 17, 1982 Page 24 report for the Council next week, but explained that the property is being platted whereby all but a very small sliver of the property is not platted; and the City requested that an access road be constructed during the second phase of the development which includes the football field. He explained that the way the property is platted, they will be able to almost complete their project without ever platting that sliver of the property and there are no plans for a road. He also noted that the final plat is different from the preliminary plat that was submitted. Mr. Gary spoke again and stated that the final plat is exactly like the one that was sent out. He expressed the opinion that if the Staff had objections at the time the preliminary plat was submitted, then those objections should have been listed in the minutes. Mr. Martin agreed with Mr. Gary on that point because he was of the opinion that the Staff made a mistake in approving the preliminary plat. He assured the Council that he would have a report on this matter. Mr. Jack Gordy, 5802 Everhart, expressed concern about a future zoning case on the property on which a mobile home park is located called, "Anchor Harbor". He pointed out that the resi- dents of that mobile home park have no other place to go. On another subject, Mr. Gordy commented! that the City Council appoints Municipal Judges and he registered a complaint in regard to the actions of Municipal Court Judges who cancel a fine for people who are issued summons for not having insurance if they obtained the insurance within ten days. He stated that he was of the opinion that the judge should uphold the law and not grant this privilege to citizens. Mrs. Oscar Bocock, 1258 Devon, spoke in regard to law enforcement and crime control. She urged that citizens be aware of the crime problem and assist the police inIfighting crime. Mrs. Bocock also inquired about the level for funding for the library which was discussed at the Texas Municipal League meeting. Minutes Regular Council Meeting November 17, 1982 Page 25 Mayor Jones assured Mrs. Bocock that the Council had supported this funding. Mr. George Rascoe, 201 Chamberlain, also referred to the pending zoning matter for Anchor Harbor Mobile Home Park. He stated that it was his understanding that one of the Council Members had indicated that the problem was being resolved and he requested details. Mayor Pro Tem Turner stated that she had spoken with the owner and requested that the people in the mobile home park be allowed more time to arrange to move. She stated that she also understands that there are plans to establish additional mobile home parks and the owners of them have indicated that they would be glad to have the residents of Anchor Harbor lease premises from them. Mrs. Turner stated that she has also found someone who is willing to move the trailers. Mr. Rascoe expressed concern about the manager of Anchor Harbor Mobile Home Park who had encouraged him to purchase a new trailer and offered him space to park it and he and his wife moved into the trailer park just three weeks before the zoning case was submitted. He stated that he felt that this was unfair of the manager of the park and Mr. Nethery, who owns the mobile home park, should be responsible for the actions of the manager. He stated that he had consulted his attorney, who informed him that his only recourse would be based on falsification on the part of the manager. Mayor Pro Tem Turner asked Council Member Gulley if the usual procedure in mobile home parks was for a term lease, and Mr. Gulley replied that in his mobile home park, only thirty -day leases are involved. He expressed the opinion that this is customary for mobile home parks in this City. Mr. Gulley also expressed concern about the proposed mobile home parks and suggested that the rent on the new parks should be ascertained before the residents of Anchor Harbor are encouraged to move into that park. He pointed out that there are no guarantees about the Minutes Regular Council Meeting November 17, 1982 Page 26 rent and stated that most mobile home park owners also have certain restrictions in regard to their spaces. On another matter, Council Member Hawkins referred to advertisements for a cable television movie company and inquired if this is a new franchise. City Manager Martin explained that this is a pay movie channel that is over the air through a scramble system on the antenna. He stated that it is regulated by FCC but it is not regulated by the City. There being no further business to come before the Council, on motion by Council Member Zarsky, seconded by Council Member Gulley and passed unanimously, the Regular Council Meeting was adjourned at 5:20 p.m., November 17, 1982.