Loading...
HomeMy WebLinkAboutMinutes City Council - 05/23/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 23, 1984 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: David Berlanga, Sr. Welder Brown Leo Guerrero * Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik City Manager Edward A. Martin City Attorney J. Bruce Aycock Ass't. City Secretary Dorothy Zahn Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Dr. R. T. Rudisell of Parkdale Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member David Berlanga, Sr. Assistant City Secretary Dorothy Zahn called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Council Member Frank Mendez that the Minutes of the Regular Council Meeting of May 16, 1984 be approved as presented; seconded by Council Member Welder Brown. Council Member Mary Pat Slavik stated that she would like to make an addition to the Minutes regarding the appointments to Corpus Christi '90 to reflect that she had nominated Sister Kathleen Coughlin to Task Force VI - Health/Human Services/Housing. Mayor Jones called for the vote on the motion to approve the Minutes of the Regular Council Meeting of May 16, 1984 as amended and it passed unanimously. MICROFILMED nutes .egular Council Meeting May 23, 1984 Page 2 Mayor Jones announced that Deputy City Manager Ernest Briones is handling the arrangements for a luncheon meeting with the local State Legislative Delegation next Wednesday, May 30th and inquired if the Council had any problem with this date. The Council Members indicated their concurrence. Mayor Jones then presented a 30 -year pin to Mr. Rosendo G. Mondragon, Meter Reader Foreman of the Public Utilities Department. Mrs. Betsy Lambert, representing the PTA, and her two daughters, students at Chula Vista Elementary Academy of Fine Arts, presented the Council, on behalf of the students and faculty of that school, with a copy of "The Pot Of Gold", a literary magazine published by the students at Chula Vista. Mayor Jones called for consideration of the Consent Motions on the following items: 1. Bids be received June 13, 1984 for a twelve months supply agreement, with option to extend for two (2) additional twelve months periods, subject to the approval of the contractor and the City Manager, or his designee, for Complete Temperature Control Maintenance. Facilities included are City Hall, Utilities Bldg., Corpus Christi Museum, International Airport, La Retama Library, Parkdale Library, Greenwood Library, Health Department, and Bayfront Plaza. 2. Bids be received June 13, 1984 for six traffic volume counter/recorders for the Traffic Engineering Department. These items are included in the 1983-84 Capital Outlay Budget. 3. Approving the purchase of a tractor loader backhoe and accessory equipment for the Water, Wastewater, and Gas Divisions based on low bid as follows: Preco Machinery Sales, Inc. Item 1 Tractor loader backhoe Item 2 Tractor loader backhoe Item 3 Tractor loader backhoe Item 4 Tractor loader backhoe Kuensteler Machinery Company Item 4A Compactor GRAND TOTAL: $ 25,528.00 28,028.00 28,028.00 31,228.00 $112,812.00 $ 5,256.00 $118,068.00 Mutes .egular Council Meeting May 23, 1984 Page 3 Prices have increased approximately 13% since last purchase of similar equipment March, 1983. Five bid invitations were issued and four bids received. Equipment is included in the 1983-84 Capital Outlay Budget. 4. Approving the purchase of pump impeller and bowl assembly replacement parts for raw, wash and high service water pumps located at Cunningham, O.N. Stevens and Savage Lane pumping stations based on low bid to the following: Ingersoll Rand Company Item 1 - Pump replacement parts Buccaneer Pump & Supply Company Item 2 - Pump replacement parts Worthington Division, McGraw Edison Item 3 - Pump replacement parts Peerless Pump Company Item 4 - Pump replacement parts GRAND TOTAL: $10,000.00 9,740.00 9,341.00 13,245.00 $42,326.00 Fourteen bid invitations were issued and eight bids were received. Funds are available in the 1983-1984 Budget. 5. Approving the purchase of 3/4" and 1" copper tubing for the Water Division and stored by the City Warehouse based on low bid to Amfac Plumbing Supply Company for $15,890.40. Prices have increased approximately 12.75% since last purchase, January 1984. Six bid invitations were issued and six bids were received. 6. Authorizing the City Manager or his designee to make application to the Texas State Library for Interlibrary Loan Service for the counties encompassed by the South Texas Library System, and to execute all documents related to this grant for the period September 1, 1984 to August 31, 1985. The Interlibrary Loan Program serves public, academic and special libraries in the System area. The purpose of the program is to facilitate the exchange of materials among libraries by lending items from the Major Resource Center, La Retama Library and acting as a referral center for items not contained in the Corpus Christi collection. The 1983-84 interlibrary loan budget was $99,936, which provided for three full-time employees, computer time, and related administrative services. There were no comments from the Council or the audience on the foregoing items. nutes .egular Council Meeting May 23, 1984 Page 4 A motion was made by Mayor Pro Tem Turner that Consent Motions 1 through 6 be approved, seconded by Council Member Berlanga and passed unanimously. Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on Nos. 7 through 19A. Mayor Jones referred to Ordinance 7 which changes the effective date of the agreement with Continental Airlines, Inc. from August 1, 1983 to September 25, 1983 and inquired if this would allow Continental Airlines to delay payment of their debts and if so, how much. City Manager Martin replied that there would be delays in the amount of $62,000. Mayor Pro Tem Turner and Council Member Slavik referred to Ordinance No. 9 and questioned the expenses associated with the bond rating service fees and printing costs and City Manager Martin replied that the printing had to be done very quickly and professionally in order to obtain a good rating on bonds and the Staff felt that this is money well spent. Council Member McComb referred to Ordinance No. 8 in regard to a contract in the amount of $85,588.34 be awarded to Goldston Corporation for completion of the excavation of the Wooldridge/Staples Drainage Channel in which the Staff is recommending that the City not keep the excavated material and stated that it was his understanding that the City should retain all of the dirt possible. City Manager Martin informed the Council that the alternate low bid in which the City retained possession of the excavated material was $57,000 higher than the base bid, and the Staff felt that it was not economically advantageous to stockpile the material. Mayor Pro Tem Turner expressed the opinion that the $57,000 might be reasonable if it can be used for fill on Corpus Christi Beach, and Assistant City Manager Lontos informed Mrs. Turner that there is a problem with the storage of the dirt at this time. Mayor Jones referred to Ordinance No. 14 which is the first reading of the ordinance reducing the speed limits on several streets and inquired if these changes were supported by the City's Traffic experts, and City Manager Martin replied in the affirmative, adding that he would like to make a change in that Violet Road needs to be removed from the ordinance since the State had already reduced the speed limit even lower than that which is proposed. * Council Member Charles Kennedy arrived at the meeting at 2:36 p.m. nut es .egular Council Meeting May 23, 1984 Page 5 City Manager Martin then reminded the posted and asked that the ordinance which 250 Sanitary Sewer Bond Fund for payment partial completion of the South Staples Phase I Project be considered as Ordinance Council about the supplemental agenda appropriates $50,000 out of the No. to Maverick Construction Company for Sanitary Sewer Trunkline Extension, No. 19A under the Consent Ordinances. Mayor Jones referred to Ordinance No. 18 which is the third reading of the ordinance to allow for utility deposits required in excess of $500 to be made in the form of cash, certificates of deposit or irrevocable letter of credit of not less than one year and providing for renewal and inquired as to who retained the interest on the certificates of deposit. City Manager Martin informed Mayor Jones that the City did. Mayor Jones ascertained that no one regard to the ordinances. in the audience wished to speak in Assistant City Secretary Dorothy Zahn polled the Council for their votes and the following ordinances were passed: 7. FIRST READING: AMENDING ORDINANCE NO. 17893 WHICH AUTHORIZED THE EXECUTION OF LEASE AGREEMENTS WITH AMERICAN AIRLINES, INC., CONTINENTAL AIRLINES, INC., EASTERN AIR LINES, INC., EMERALD AIR, INCORPORATED, AND SOUTHWEST AIRLINES CO. FOR TERMINAL RENTALS AND LANDING FEES BY AMENDING THE EFFECTIVE DATE OF THE LEASE AGREEMENT WITH CONTINENTAL AIRLINES, INC., ONLY FROM AUGUST 1, 1983, TO SEPTEMBER 25, 1983. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 8. ORDINANCE NO. 18239: AUTHORIZING THE EXECUTION OF A CONTRACT WITH GOLDSTON CORPORATION FOR COMPLETION OF THE EXCAVATION OF THE WOOLDRIDGE/STAPLES CHANNEL FROM AIRLINE ROAD DOWNSTREAM TO THE BRANDYWINE SUBDIVISION; APPROPRIATING $98,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 9. ORDINANCE NO. 18240: APPROPRIATING THE SUM OF $66,955.80 OUT OF VARIOUS BOND FUNDS FOR EXPENSES IN CONNECTION WITH THE SALE OF $12,500,000 GENERAL IMPROVEMENT BONDS, SERIES 1984, ON MARCH 28, 1984; AND DECLARING AN EMERGENCY. Mutes .egular Council Meeting May 23, 1984 Page 6 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 10. ORDINANCE NO. 18241: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 1 IN CONNECTION WITH THE TIMON BLVD. MEDIAN LAND ACQUISITION PROJECT; APPROPRIATING $11,555; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 11. ORDINANCE NO. 18242: APPROPRIATING $264,053.92 FROM THE NO. 162 FEDERAL/STATE GRANTS FOR PREVIOUSLY APPROVED EIGHTH AND NINTH YEAR COMMUNITY DEVELOPMENT UTILITY RELOCATIONS AND IMPROVEMENT PROJECTS; AUTHORIZING REIMBURSEMENT TO THE NO. 106 GAS FUND FOR SAID SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 12. FIRST READING: AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR GRAZING PURPOSES WITH MR. AND MRS. EUGENE SMITH, FOR A 22.74 ACRE TRACT ACQUIRED IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 13. FIRST READING: CLOSING AND ABANDONING THAT 97 FOOT LONG PORTION OF LAMBERT STREET ADJACENT TO LOT 15, BLOCK 10, PARK PLAZA ADDITION UNIT 3; AND PROVIDING FOR THE REPLAT OF SAID PROPERTY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". _nut es -regular Council Meeting May 23, 1984 Page 7 14.* FIRST READING: AMENDING THE CODE OF ORDINANCES, SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, WHICH WILL CHANGE THE SPEED LIMIT ON PORTIONS OF LAGUNA SHORES ROAD AND AIRLINE ROAD; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 15. SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND BRYAN AND HENRY TUCKER FOR THE ANNEXATION OF APPROXIMATELY 96.07 ACRES OF LAND OUT OF LOTS 2 AND 3, SECTION 19, BOHEMIAN COLONY LANDS AND LOTS 17 AND 31, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AND A PORTION OF THE LAKES UNIT 1 SUBDIVISION, NUECES COUNTY, TEXAS, BEING PLATTED AS THE LAKES UNIT 4; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 16. SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND GRANDSTAND SOFTBALL FOR THE ANNEXATION OF APPROXIMATELY 49.63 ACRES OF LAND OUT OF LOT 8, SECTION 14, BOHEMIAN COLONY LANDS, NUECES COUNTY, TEXAS, BEING PLATTED AS SARATOGA PARK, LOTS 1 AND 2: FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". * This ordinance was amended by the City Manager to remove Violet Rd. - See page 4. inutes .egular Council Meeting May 23, 1984 Page 8 17. SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND CROW WESTERN #9, CORPUS CHRISTI LTD., FOR THE ANNEXATION OF APPROXIMATELY 12.54 ACRES OF LAND OUT OF LOT 9, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS, BEING PLATTED AS CROSSGATE ANNEX, BLOCK 5, LOT 1; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 18. THIRD READING - ORDINANCE NO. 18243: AMENDING THE CODE OF ORDINANCES, CHAPTER 55, UTILITIES, TO PROVIDE FOR ALTERNATIVE FORMS OF UTILITY DEPOSITS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 19. THIRD READING - ORDINANCE NO. 18244: REPEALING THE MECHANICAL CONTRACTORS LICENSING ORDINANCE NO. 17477 AS AMENDED BY ORDINANCE NO. 17770. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 19A. ORDINANCE NO. 18247: APPROPRIATING $50,000 FROM THE NO. 250 SANITARY SEWER BOND FUND FOR PAYMENT TO MAVERICK CONSTRUCTION COMPANY FOR PARTIAL COMPLETION OF THE SOUTH STAPLES SANITARY SEWER TRUNKLINE EXTENSION, PHASE I PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". inutes .egular Council Meeting May 23, 1984 Page 9 Mayor Jones announced that Council Member Leo Guerrero had attended a Steering Committee Meeting of the Human Development Commission in Washington last week; Mr. Guerrero is the first Corpus Christian to serve on a national Committee; and that he had asked Mr. Guerrero to provide the Council with a report of this Committee Meeting during next week's Current Concerns. Mayor Jones then called for consideration of Action by Ordinance from the Regular Agenda on items 20 thru 22. Mayor Jones referred to Ordinance No. 20 which adopts the recommendations submitted by the Transit Advisory Committee in their report of May, 1984 and stated that Mrs. Pat Eisenhauer, Chairman of that Committee, had informed him that she would be willing to serve as Chairman of the 5 -member panel of the Interim Transit Authority Board. City Manager Martin explained to the Council that this item is not just setting a public hearing but also adopting the recommendations submitted by the Transit Advisory Committee and then setting the public hearing for this date. Mrs. Pat Eisenhauer, who was present in the audience at the time, acknowledged her willingness to serve on the 5 -member panel, adding that she would also like to have input as to who will serve on that board. Mayor Jones then asked City Manager Martin to provide them with a summary on Ordinance No. 22 which provides a street and easement closure policy for the City. City Manager Martin reported that the Council has discussed for almost two years the policy of charging for street closures; the last policy change was reviewed by the Council on March 21, 1984 and as per the Council's direction, was forwarded to the Planning Commission for comment; the Planning Commission held two meetings and decided to take no position on the proposed policy; and that a draft ordinance has been prepared that is consistent with the original recommendations of the Staff. City Manager Martin stated that the issue is for the closing of easements, alleys, and streets; that if an easement is closed, the City would allow the property owner to have the use of that property and the recommendation for that is no charge because it is used for utilities; alley closing -- the Staff is recommending no charge for this closure because it is the Staff's opinion that this closure is in the public's best interest; however, the recommendation is to charge a payment equal to the value of the property on streets that are actually in existence. He concluded by stating that there is no question that the city should charge for closure of improved streets and recommend payment for dedicated streets. Council Member Kennedy inquired about a street in which a developer had platted land with a street in one location and at a later date determined that the street should be located in another portion of the land if he would have to pay for the application and the cost of the street. nutes egular Council Meeting May 23, 1984 Page 10 Council Member Mendez expressed the opinion that there should be no cost for an alternate location for a street on the same plat. City Manager Martin explained that if it is a dedicated street and the developers request that it be moved or closed, it would be a street closing that would require the payment for the application and the street; however, the Staff will have to work on situations such as this and consider the requests on an individual basis. He continued by stating that it is possible that not every situation has been considered to be included in the ordinance and if changes are necessary, the Staff will make recommendations to the Council. Council Member Berlanga referred to the portion regarding closed alleyways reverting to abutting owners without charge and inquired if the City would survey the alley and City Manager Martin replied that they would be surveyed at no charge to the property owner. Mayor Pro Tem Turner inquired if the conditions would still hold true if the City initiates the street closing, and City Manager Martin replied that they would and the City would have to pay. She then inquired if this issue has been discussed with the Builders Association and asked that they be provided with a copy of the draft ordinance. City Manager Martin replied that the home builders will not pay for any of this -- that the developer will. Mayor Jones requested that the various building organizations be provided with a copy of the proposed ordinance prior to the second reading. Council Member Kennedy then recommended that this ordinance be effective on any street closure applications that have not been filed as of May 23, 1984 if the ordinance is finally adopted. City Manager Martin agreed that it will be effective as of May 23, 1984. Council Member Brown inquired about the consequences if the abutting property owner does not want the additional property to which he would be entitled from a street closure. City Manager Martin informed Mr. Brown that this would be very rare because the City seldom closes a street if the property owner does not agree. Mayor Jones called for comments from the audience on Ordinances 20 through 22 and there was no response. Assistant City Secretary Zahn polled the Council for their votes and the following ordinances were passed: nutes .egular Council Meeting May 23, 1984 Page 11 20. ORDINANCE NO. 18245: FIXING A TIME AND PLACE FOR HOLDING A PUBLIC HEARING ON THE QUESTION OF CREATING OF METROPOLITAN TRANSIT AUTHORITY; DEFINING THE BOUNDARIES OF THE AREA PROPOSED TO BE INCLUDED IN SUCH AUTHORITY; PROVIDING FOR PUBLICATION OF NOTICE OF SAID HEARING: PROVIDING FOR THE CONDUCT OF SUCH HEARING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 21. ORDINANCE NO. 18246: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF A PARCEL OF LAND FOR THE AARON DRIVE EXTENSION PROJECT; APPROPRIATING $72,662; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 22. FIRST READING: AMENDING SECTION 49-12 OF THE CITY CODE TO PROVIDE FOR PAYMENTS FOR THE CLOSURE OF STREETS AND OTHER PUBLIC WAYS IN CERTAIN CASES AND REQUIRING THAT THE PROPERTY BE REPLATTED; AMENDING SECTION 49-13 TO PROVIDE FOR REPLATTING UPON THE CLOSURE OF EASEMENTS; AND PROVIDING FOR PUBLICATION AND SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero voting, "Nay". Mayor Jones announced the public hearing on four zoning applications. 23. Application No. 484-4, Mr. H. R. Lloyd: for a change of zoning from "AT" Apartment Tourist District to "B-4" General Business District on Lots 8, 10, and 12, Block 73, Brooklyn Subdivision, located on the southeast corner of Gulden Street and E. Causeway Boulevard. Mr. Larry Wenger, director of Planning, informed the Council that in response to the notices of the public hearing, two in favor and none in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend approval. Mayor Jones determined that no one in the audience wished to speak in opposition to this zoning application. lutes :gular Council Meeting May 23, 1984 Page 12 A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. Assistant City Secretary Zahn polled the council for their vote on the ordinance effecting the zoning change and it passed as follows: 23. ORDINANCE NO. 18248: MENDING THE ZONING ORDINANCE UPON APPLICATION OF H. R. LLOYD BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 8, 10, AND 12, BLOCK 73, BROOKLYN SUBDIVISION, FROM "AT" APARTMENT TOURIST DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, McComb and Slavik voting, "Aye"; Brown, Guerrero, Kennedy and Mendez, "absent at the time the vote was taken". 24. Application No. 484-7, Togaville Acres, Inc.: for a change of zoning from "T -1C" Mobile Home Subdivision District to "T -1B" Mobile Home Park District being 40.327± acres out of Lot 1, Womack Farm Lots and out of Tract 7, W. J. Robertson Farm Tracts, located between Old Brownsville Road and County Road 37, approximately 300 feet north of Saratoga Boulevard Mr. Wenger stated that in response to the sixteen notices of the public hearing, two in favor and none in opposition had been returned. He informed the Council that both the Planning Commission and Planning Staff recommend approval and stated that the owner plans to develop a mobile home park in the area. Mayor Pro Tem Turner inquired about the difference between "T -1C" and "T -1B" zoning and Mr. Wenger explained that "T -1C" is for Mobile Home Subdivision District which allows 322 mobile homes and "T -1B" is Mobile Home Park allowing for 483 mobile homes. No one spoke in opposition to the zoning application. A motion was made by Council Member Berlanga that the hearing be closed, seconded by Council Member Slavik and passed unanimously. Assistant City Secretary Zahn polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 24. ORDINANCE NO. 18248: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF TOGAVILLE ACRES, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO PORTIONS OUT OF LOT 1, WOMACK FARM LOTS AND TRACT 7, W. J. ROBERTSON FARM TRACTS FROM "T -1C" MOBILE HOME SUBDIVISION DISTRICT TO "T -1B" MOBILE HOME PARK DISTRICT; AND DECLARING AN EMERGENCY. nutes .egular Council Meeting May 23, 1984 Page 13 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". 25. Application No. 484-6, Cliff Zarsky Texan Homes, Inc.: for a change of zoning from "R-2" Multiple Dwelling District to "A-1" Apartment House District, on Block 3, Highland Oaks Townhomes, located between Glenoak Drive and St. Peter Street, and between St. Joseph Street and the Van Galen drainageway. Mr. Wenger stated that in response to the forty-four notices of the public hearing, none in favor and seven plus one petition with 56 signatures of which eight were within the 200' area of notification and one petition with 192 signatures had been received and that both the Planning Commission and Planning Staff recommend approval. He stated that the 20% rule is in effect. Mr. Wenger displayed the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the area. Mayor Jones inquired as to the location of the property owned by those who signed the petitions, and Mr. Wenger replied that most of the signatures on the petitions were from the area within the development itself. Council Member Guerrero pointed out that most of the objections were from owners of other units in the development who did not want the smaller units to be constructed. Council Member Berlanga inquired as to the reason for opposition to the request and Mr. Wenger read several notices citing the various reasons. Mr. Wenger then explained that Mr. Zarsky has determined that the larger units were difficult to sell and that he proposes to construct one -bedroom units, on two levels and alleviate the demand for such units and that "A-1" zoning allows construction of 21 units to the acre. Council Member McComb inquired if Mr. Zarsky could accomplish what he plans to do with a special permit and Mr. Wenger replied that it could be done. Mayor Jones called on the applicant to speak. Mr. Cliff Zarsky, the applicant, provided copies of his proposed construction to the Council and stated that the additional units will increase the density slightly; the units will be purchased and will not be any different from the existing units except that carports will be installed on Block 3 rather than garages; he does not plan to construct apartments -- he will construct smaller townhouses or condominiums; and stated that he would be willing to accept a special permit not to exceed 19 units per acre. lutes ,gular Council Meeting May 23, 1984 Page 14 Mayor Jones then called for comments from the audience. Mr. Frank Castille, 2705 St. Joseph, spoke in opposition to the request stating that it would increase the density of dwellings in the area and that if the zoning is changed to "A-1", there would be no guarantee that apartment construction will not be undertaken. He added that the intention may change and that if the property is sold, the new owners would not feel compelled to follow the original plan. He summarized by stating that the people who are opposed to the zoning change are considering very strongly the character of the neighborhood and they would like to see it maintained as it is. Mayor Jones asked of Mr. Castille's for his opinion of a special permit and Mr. Castille stated that he would prefer a special permit to "A-1"zoning. Council Member Slavik stated that she had received three letters and a copy of the petition with the 192 signatures opposing the zoning change and expressed the opinion that the special permit would be in order. Ms. Valerie Clark, 2705 St. Joseph, also spoke in opposition to the request; she stated that she was responsible for presenting the petition to the City Secretary's Office with 192 signatures; provided the original copy to Mayor Jones; expressed the opinion that Mr. Zarsky's intentions may change in the future due to economic and other factors; and urged the Council to recognize their concerns. Council Member Berlanga stated that in view of the objections presented, he would not vote to approve the zoning change request. Mayor Pro Tem Turner asked that Ms. Clark clarify her primary concern, and Ms. Clark replied that her concern is with the zoning reclassification of "A-1" and that she objected to the builder's plan to construct carports instead of garages. Mayor Pro Tem Turner then asked Ms. Clark how she felt about a special permit with a limit on the number of units allowed, and Ms. Clark replied that she would prefer that to the change of zoning to "A-1" but would also be interested in seeing the plans and drawings. Council Member McComb stated that the majority of the opposition is to the zoning change; there is no provision on applications for special permits; the applicant is willing to accept the special permit; and expressed the opinion that there should be a method of indicating exactly what zoning an applicant wants and if they are willing to accept a special permit with stipulations. Mrs. Paula Blitz stated that she lives in a house behind the property in question and that she has no objection to the special permit. nutes egular Council Meeting May 23, 1984 Page 15 Mrs. Claudette White, Sales Manager for Highland Oaks Townhomes, stated that she owns two townhouses at this location, her children are also property owners and that she did not believe in apartment development for that area. She explained the various rumors that had been circulated to the effect that apartments would be constructed and that the property would be sold. Mrs. William DeMouch, 814 St. Paul, expressed her opposition to the zoning change. Mrs. DeMouch expressed the opinion that the townhouses are family oriented and they are very concerned that if apartments/condominiums are constructed, it will change the character of the area. She further stated that she was also concerned that if this property is rezoned, Mr. Zarsky would sell his property to an investor because the property would be worth a great deal more. Mayor Jones asked Mrs. DeMouch if she was aware of the concept of the special permit and Mrs. DeMouch replied that she did not know enough of the special permit to make a decision. Mr. Jim Mosely, St. Phillips Court, spoke in opposition to the zoning change because the subdivision is a family-oriented neighborhood and he would like for it to remain as such. He also expressed opposition to the construction of carports. Mr. Cliff Zarsky, the applicant, addressed the Council again and stated that he would prefer that the special permit site plan not be limited to one -bedroom units because if there is no market for this size townhouses, he will continue to construct the two or three-bedroom units. Mr. Wenger informed Mr. Zarsky that the site plan could show that 19 units per acre would be allowed, showing where the buildings will be located, parking, ingress and egress to the parking, etc. Mr. Bill DeMouch stated that the only reason he had purchased a townhouse was because he had been told that only townhouses and single-family dwellings would be constructed in this area. He, too, voiced his opposition to the zoning change. There were no further comments from the audience. A motion was made by Council Member Brown that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Council Member Mary Pat Slavik that the requested zoning of "A-1" be denied on Application No. 484-6 but in lieu thereof that a special permit be granted with a maximum of 19 townhouse units per acre subject to the submission of a site plan. The motion was seconded by Council Member Frank Mendez and it passed unanimously. lutes :gular Council Meeting May 23, 1984 Page 16 26. Application No. 484-5T, Mr. Charles O. Lile: Amendment to the Zoning Ordinance, Amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.68 setting forth a zoning classification of "B-4" General Business District on a described tract of land when annexed to the City of Corpus Christi, Texas, being a portion of Lot 9, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located on the west side of Rodd Field Road, north of County Road 26A. Mr. Larry Wenger, Director of Planning, stated that in response to the five notices of the public hearing, one in favor and none in opposition had been returned and that both the Planning Staff and Planning Commission recommend denial but in lieu thereof that "B-1" be approved. Mr. Wenger stated that the applicant had indicated at the Planning Commission that he would accept "B-1" zoning. Mayor Jones ascertained that no one in the audience wished to speak in opposition to this zoning change request. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. Assistant City Secretary Dorothy Zahn polled the Council for their vote on the ordinance and it passed as follows: 26. ORDINANCE NO. 18250: AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 SUBSECTION, 31-5.68.1, SETTING FORTH ZONING CLASSIFICATION OF SAID AREA OF LAND DESCRIBED AS A PORTION OUT OF LOT 9, SECTION 20, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". Mayor Pro Tem Turner suggested to Larry Wenger, Director of Planning, that the consideration be given to additional zoning categories such as "R-3", etc. to take care of different density. Mr. Wenger indicated that they will study this. nutes _.egular Council Meeting May 23, 1984 Page 17 Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Ana Maria del Rosario addressed the Council and requested that they grant a permit to hold the Feria Hispanica on Shoreline for the next five years. She stated that they had amended their application to request that Shoreline Boulevard be closed on September 14, 15 and 16. Council Member Kennedy pointed out that 100% of the abutting property owners must consent to the street closure, especially in view of the fact that Bayfest would also require several days installation and removal, and this would, in effect, close Shoreline for most of the month of September. Council Member Mendez stated that Mr. Oscar Reyna, Chairman for Feria Hispanica, was familiar with the requirements. Mayor Jones stated that Mr. Reyna should contact the City in regard to anything pertaining to the application since he had signed the application. Council Member Berlanga explained to Mrs. del Rosario that Mr. Reyna had to be the official contact person for the Feria Hispanica since he had signed the application. * * * * * * * * There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Mayor Pro Tem Turner and passed unanimously, the Regular Council Meeting was adjourned at 4:50 p.m., May 23, 1984. /rr