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HomeMy WebLinkAboutMinutes City Council - 07/17/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 17, 1984 5:00 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 Joe McComb Frank Mendez Mary Pat Slavik City Manager Edward A. Martin Assistant City Attorney Jay Doegey City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Joe McComb in the absence of the invited minister, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Welder Brown. 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. A motion was made by Council Member Guerrero that the Minutes of the Regular Council Meetings of June 26, 1984 and July 3, 1984 be approved as presented; seconded by Council Member Brown; and passed unanimously. Mayor Jones then recognized Mr. Orby Roots. Mr. Roots, who is the Chairman of the Image Committee of the Corpus Christi Chamber of Commerce, extended an invitation to the City Council Members to attend an event to honor the Chamber of Commerce on their 60th Anniversary. MICROFILMED o- .s Re.,-iar Council Meeting July 17, 1984 Page 2 Mayor Jones accomplishments. complimented the Chamber of Commerce for their many * Mayor Pro Tem Betty Turner arrived at the meeting at 5:20 p.m. Mayor Jones following items: called for consideration of the Consent Motions on the 1. Bids be received August 8, 1984 for option to extend for an additional conditions, subject to the approval or his designee, for galvanized and $19,800. 2. Bids be received a twelve months supply agreement, with twelve months, at the same terms and of the supplier and the City Manager, black pipe fittings. Estimated value August 8, 1984 for three micro South Texas Library System. Funds are to be made Grants. Estimated expenditure is $7,530. computer systems for the available through Federal 3. Bids be received August 8, 1984 for furnishing and installing fuel dispensers and submersible pumps to be used by Maintenance Services Department. Estimated expenditure is $15,440. (1984-85 Budget) 4. Bids be received August 8, 1984 for a twelve months supply agreement, with option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for 9,600' of 4"-24' ductile iron pipe; 400' of 30"-48" ductile iron pipe, 51,924 ft. of 6-16" asbestos cement pipe and 10,000' of 6" poly vinyl chloride pipe for the Water Division. Estimated value $351,463. 5. Approving the purchase of pistols for the Police Department based on low bid from Bailey's House of Guns, Houston, Texas for $18,755.40. Twenty-one bid invitations were issued and three bids were received. 6. The Taxiway Fillets, Taxiway Extension and Runway 13-31 Improvement project at Corpus Christi International Airport be accepted providing for the following actions: a. The contractor be granted a 30 day time extension for the runway opening phase of the project against a 45 day time overrun. b. Liquidated damages of $1,000 per day for 15 days for a total of $15,000 be deducted on the runway opening phase of the project. c. Remaining funds of $302,617.93 be authorized to Heldenfels Brothers, Inc. I 3S Re,,.iar Council Meeting July 17, 1984 Page 3 The Federal Aviation Administration's share on this 1982 bond project was 90% of the cost with the local share being 10%. Total cost of construction is $2,105,297.98. Council Member Berlanga referred to item 4 and expressed concern about the use of asbestos cement pipe. He explained that the residents of the Spohn Hospital Area are apprehensive that the pipe carrying their water is unsafe and the water is unpotable. He suggested that the pipe be examined. City Manager Martin stated that he had not heard that anyone was finding fibers in the water. He explained that this is the type of pipe recommended by the American Waterworks Association. Assistant City Manager James K. Lontos also stated that this is the type of pipe used in most cities. He stated that in terms of asbestos, it has not been proven that it is the cause of cancer and pointed out that there is some asbestos in water that comes out of the ground. He stated, however, that the water from Lake Corpus Christi does not contain asbestos. He informed the Council that the Staff is checking into the possibility of using PVC pipe but the City has been using the asbestos cement pipe for twenty-five years without any problems. Council Member Berlanga stated that he would like to have a statement from the American Waterworks Association certifying that this pipe is safe for use. Mr. Lontos stated that he was not sure he could get such a statement but he could obtain the specifications recommended by them for water pipe. City Manager Martin pointed out that this item approves a supply agreement; it is what the City plans to purchase over the next year; and this item is just to go out for bids but assured the Council that answers to the question Mr. Berlanga had posed could be obtained prior to award of bids. Council Member Guerrero referred to item 5 and inquired if the pistols for the Police Department are 357 caliber. City Manager Martin confirmed that they are, and Council Member Guerrero inquired if the Council could have a report on the transition from the other caliber guns and City Manager Martin stated that a report could be provided soon. Council Member Slavik referred to item 6 and in particular, the 30 -day time extension for the contractor on this project. She questioned the statement that fifteen days' extension had been granted because of the separate grooving contractor. City Manager Martin stated that it is a judgment that the City decided to grant this extension. es Re7ular Council Meeting July 17, 1984 Page 4 Mr. Lontos stated that they had discussed this with the Heldenfels Brothers and the fact that interference occurred from the grooving contractor was verified. He stated that the Staff feels that the fifteen days charged are reasonable even though Heldenfels had really not agreed to it. Mayor Jones pointed out that if the Council takes the position of questioning the Staff's decisions on extensions such as this, the Staff's ability to work with the contractors will be weakened. Council Member Guerrero agreed that the Staff should work this out with the grooving contractor. 7. The Hearn Road Relocation project be accepted and final payment of $39,728.96 be authorized to Heldenfels Brothers, Inc. It is further recommended that the contractor be granted a 31 -day time extension. The delays were the result of Staff request in order to better coordinate the Fire Station construction and the work at Highway 77 and Five Points area. The total cost of this project, which was included in the 1982 Bond Program as an intersection improvement project, was $100,270.70. 8. The plat appeal of Mr. Robert Johnson relative to the platting of a 9.55 -acre tract described as Flour Bluff & Encinal Farm & Garden Tracts, Section 21, Lot 15A, be denied. Mr. Johnson is appealing the water and sanitary sewer lot/acreage and water pro rata totaling $14,165. The requirement for the fees is as outlined in the Platting Ordinance with the funds to be placed in a trust fund for the extension of water and sanitary sewer lines in developing areas. The property is located on Yorktown Road near Cimarron Boulevard where sanitary sewer facilities, with the referenced trust fund participation, are being constructed. 9. Accepting a Federal Aviation Administration grant for $827,145 as the federal share of the Chaparral Apron/Hangar Site Improvement Project. 10. Consideration of an amended request by the Mexican Unity Council to close the 1200 through 1600 blocks of North Shoreline Blvd. for Feria Hispanica to be celebrated on August 17, 18 and 19, 1984. The motel owners have tentatively agreed to this closure, under the condition that northbound Shoreline will remain open to Fitzgerald St., allowing direct access to the Travel Lodge and Bay Motel. 11. A public hearing be held August 7, 1984, on the closure request of the 235 foot long by 50 foot wide dead-end portion of Robby Drive and a 20 foot wide by 6,100 foot long road easement out of Lots 12, 13, 20, 21, 28, 29, 36, 37, 44, and 45, Artemus Roberts Subdivision. Neither of the two public rights-of-way are open on the ground and utility easements would be retained if the rights-of-way were closed. Mayor Jones called for comments from the audience on items 1 through 11. es Regular Council Meeting July 17, 1984 Page 5 Mr. Robert Johnson of Yorktown Boulevard referred to item 8 and expressed the opinion that the fees for the sanitary sewer lot/acreage and water pro rata improvements are much too high. He pointed out that he only plans to construct one house on this property. Mayor Jones explained that the Council feels that the fees should be established as a standard procedure regardless of how the property will be used. City Manager Martin explained also that the fees and requirements were established by the Off -Site Utilities Committee who recommended these fees to assure orderly development of the entire City. He stated that the use of the property is the choice of the property owner, but the City still must require the same fees in all situations. ** Council Member Charles Kennedy arrived at the meeting at 5:55 p.m. Council Member Welder Brown pointed out that the City would not have money to extend lines without such requirement for fees. Mayor Jones stated that he was of the opinion that it is fair because it is an established policy; he did not think that an exception should be made; and if exceptions were made, the City would have the same unfortunate situation that now exists in Flour Bluff. Mr. Jerry Colmenero, representing the Mexican Unity Council, informed the Council that that organization had employed him to design the staging and lighting for their Feria Hispanica Celebration. He stated that he is very concerned about the traffic control in view of the fact that northbound Shoreline traffic will be allowed to continue and he questioned the lack of parking spaces, noting that he felt that it was the City's responsibility to correct those situations. Mayor Jones informed Mr. Colmenero that the Mexican Unity Council, the hotel owners, and Mr. Oscar Reyna had met with some Council Members and arrived at this compromise. He stated that the only way the event can be conducted is if the traffic is allowed to flow northbound on Shoreline. City Manager Martin suggested that Mr. Colmenero needs to work with the sponsors because parking, traffic control, etc. are their responsibility, not the City's. He stated that most of the groups arrange for parking off-site and for buses to transport visitors to the area and the security issues are totally the responsibility of the sponsoring agency. Mayor Jones pointed out to Mr. Colmenero that the City has an agreement signed by Mr. Reyna and Mayor Pro Tem Turner reminded him that this is the second time an agreement has been reached on this issue. N; :s Rey -lar Council Meeting July 17, 1984 Page 6 Council Member Mendez stated that the City Council has worked on this celebration several times and he felt that this is the final agreement that can be considered since it accomplishes what the sponsors really want. He explained to Mr. Colmenero that his problem is a little different but he would have to work with the sponsoring organization. A motion was made by Council Member Slavik that items 1 through 11 be approved, seconded by Council Member Mendez and passed unanimously. Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 12 through 31. Council Member Slavik referred to Ordinance No. 12 which is actually a resolution expressing support of dredging the Corpus Christi Fish Pass and stated that the citizens of Flour Bluff want to know when they might be able to use this for a boat pass. City Manager Martin stated that there may be a prohibition on this and informed Mrs. Slavik that there is a need to construct a very high bridge before a boat pass could even be considered. He pointed out that this could require a very large expenditure and funds are not available. Mayor Pro Tem Turner inquired about the distribution of this resolution, and Assistant City Manager Tom Utter explained that it will be sent to the State and to the County. Speaking in regard to item 13 which is the resolution in support of the Navy Home Porting was Mr. Jimmy Lyles of the Chamber of Commerce. Mr. Lyles explained that not only is the Chamber of Commerce involved in this effort but the City of Corpus Christi, Nueces and San Patricio Counties are also involved. He stated that the impact will also affect Port Aransas, Aransas Pass and other area towns. He explained that their plans are also to ask the State to support this activity. He stated that the bid will be prepared and they will ask many other communities to assist in this effort. He noted that Port Arthur is another City that is going to bid on this project and Galveston may also decide to bid. He explained that the Military Facilities Committee is the agency that will be working on this. Mr. Lyles informed the Council that the impact would be so great that the payroll alone would amount to $50,000,000 a year. Council Member Brown expressed the opinion that the location of the Naval Air Station here in Corpus Christi may have a good effect on the Federal Government's decision and Mr. Lyles agreed. N. ,$ Reyular Council Meeting July 17, 1984 Page 7 Mayor Pro Tem Turner referred to Ordinance No. 14 which appropriates funds from both the Multi -Cultural Center Bond Fund and $53,000 from the Convention Center Bond Fund. She questioned why those funds are being taken from Street or Park Funds. City Manager Martin explained that that facility is a part of the Bayfront Convention Center and a part of the Bayfront Science Park and funds for parking is included in the Bayfront Science Park Fund. Assistant City Manager Bill Hennings explained that the planned parking lots will be shared parking for large events in various areas of the Convention Center Complex and it seemed appropriate to allocate funds from the Convention Center Bond Fund. Further discussion followed on the allocation of funds. Mayor Jones referred to Ordinance No. 15 which is granting a special council permit for a townhouse development upon the application of Cliff Zarsky Texan Homes and ascertained that no one wished to speak in regard to this item. He then referred to Ordinance No. 16 which is another zoning ordinance granting "A-1" zoning on the application of Mr. Juan Villarreal. He noted that the 20% rule is in effect and action on this ordinance was delayed since Council Members Brown and Kennedy were absent during that public hearing. He then requested that Mr. Wenger review the case. Mr. Larry Wenger, Director of Planning, displayed the zoning and land use map and briefly explained the case, stating that the same owner also owns the "B-1" zoning adjacent to the subject area. He showed slides of the area and stated that the Planning Commission and Planning Staff both recommended denial of this application. Mayor Jones explained that the hearing was closed but since the ordinance was being considered today, inquired if anyone wished to speak on this. The applicant, Mr. Juan Villarreal, pointed out that the land south of his property has been zoned for apartments and that his application has received the same opposition that they did on their previous application for a change of zoning. He explained that he plans to establish the apartments near the other "A-1" zoned property and it will be 100 feet from the single-family dwellings. He informed the Council that he plans to construct sixteen apartments in four-plexes and that he intends to leave the business zoned property as it is. Council Member Kennedy inquired about the traffic flow and how it will be shown on the plat. Mr. Wenger replied that Winston Street would have to be extended when the land south of Mr. Villarreal's is developed. Ni e5 Re5_sar Council Meeting July 17, 1984 Page 8 Mr. Villarreal explained that a driveway will be constructed from McArdle Road to serve his proposed apartments. Council Member Guerrero informed Dr. Kennedy and Mr. Brown that the applicant originally requested "B-1" zoning but the City Council denied that and in lieu thereof, recommended "A-1" zoning. Speaking in opposition to the passage of this ordinance was Mrs. Ruben Rodriguez, 1306 Prince Street. She expressed the opinion that the area is so small that it could not handle apartments and again pointed out that Frazier School was closed recently and the school children will have to walk down McArdle which would be dangerous. She pointed out the large number of apartments that are available in the City now and expressed the opinion that additional ones are not needed. Also speaking in opposition to the "A-1" zoning were Mr. Henry Simmons, 1329 Prince Street; Mr. Ruben Rodriguez, 1306 Prince Street; and Mr. Louis Schooley, 1431 Prince Street. Mayor Pro Tem Turner expressed concern about the planned 35 -foot access from the property to McArdle Road and stated that she was apprehensive that approval of this zoning would have a domino effect in that other property owners would request the same zoning. Mr. Wenger reviewed the Staff recommendation in the previous zoning case on this property and reiterated that the 20% rule is in effect. City Secretary Read polled the Council for their vote on the ordinance changing the zoning to "A-1" and it failed to pass by the following vote: 16. ORDINANCE (FAILED TO PASS) AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JUAN J. VILLARREAL BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 6, SECTION 13, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the following ordinance failed to pass by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, and Mendez voting, "Aye"; Turner, McComb and Slavik voting, "No". City Secretary Read announced that the ordinance failed to pass due to the fact that the 20% rule was in effect which would have required seven affirmative votes to approve. Council Member Slavik referred to Ordinance No. 20 and inquired as to how much the rates would have to be increased in order for the charter bus service to pay its own way. es Re7,.lar Council Meeting July 17, 1984 Page 9 City Manager Martin assured her that the City does break even on the charter system. Mrs. Slavik expressed the opinion that an additional increase could be approved on the charter rates, and City Manager Martin agreed but stated that they cannot at this time considering the inferior condition of the charter buses. Council Member Mendez referred to Ordinance No. 21 which is the first reading of an ordinance approving a five-year franchise for Nueces Electric Cooperative, Inc. and inquired if the residents of Wood River are agreeable with this. He also inquired if anything has happened on the possibility of a change from service by Nueces Electric to Central Power & Light Company. Assistant City Attorney Jay Doegey explained that a rate hearing was conducted in Austin at which time, through discussions, he had learned that it is very difficult to establish dual certification according to the Public Utilities Commission. Council Member Kennedy inquired about the reason for approving a five-year franchise when the residents of that area prefer to have Central Power & Light service. City Manager Martin stated that the company is going to operate anyway and if they are going to be allowed to operate, the City needs to collect a percentage and have the authority to regulate the service. Mayor Jones called for comments from the audience on this ordinance. Mr. Bill Holland spoke in regard to the electric service in the Wood River area and stated that the issue of rate is not debatable but the question of service is. He explained that there have been outages and these are somewhat significant. He stated that they do object to those power outages considering the rates they are now paying. He stated that the homeowners are not satisfied with the rates or the service. Mr. Jerry Whitmire, 4602 Champion, Member of Nueces Electric Cooperative, Inc., stated that there were two franchise ordinances prepared by Mr. Doegey and the company had indicated that they would like to make the same franchise payments as Central Power and Light Company which are made twice a year rather than on a monthly basis. City Manager Martin stated that the City Staff recommends the monthly payments to the City rather than semi-annual ones and as franchises come up for renewal, they would like to change all of them to require that fees be paid on a reasonable basis rather than allowing the franchise holder to use the City's money and just pay semi-annually. N. a Reyular Council Meeting July 17, 1984 Page 10 Mayor Jones referred to item No. 30 which is a lease agreement with the Oso Pony Baseball League and inquired about the effect the proposed charter amendment would have if the amendment pertaining to leases is approved. City Manager Martin explained that a lease amendment could not be effective until 60 days after the first reading; this lease would not be effective until October 3, 1984; and stated that there was a question as to whether or not the entire lease agreement would have to published three times because another portion of the City Charter does not require a publication. He stated that his recommendation would be that the City adhere to the other provision that would not require the publication. Council Member McComb stated that if an organization such as the Oso Pony League requested a ten-year lease, then there would be no question that they would have to go to a referendum. He stated that in his opinion, that expense should be borne by the person seeking the lease and they would have to have a full text publication three times. Mayor Jones called for comments from the audience on ordinances 12 through 31 with the exception of Ordinance 16 which had already been voted upon. Mr. Cliff Zarsky, 5202 Wooldridge Road, referred to Ordinance No. 15 approving a special council permit for a townhouse development for Cliff Zarsky Texan Homes and pointed out that there is a restriction included in the special permit ordinances that they will only be good for one year unless construction has started. He inquired if it would be possible to have this special permit in effect for two years instead of the one year. Mr. Utter explained that the ordinance before the City Council would have to be amended because it is for a special permit which is normally just for one year unless construction has started. A motion was made by Mayor Pro Tem Turner that Ordinance No. 15 amending the zoning ordinance upon application of Cliff Zarsky Texan Homes, Inc. by granting a special permit which will be in effect for two years instead of one year. The motion was seconded by Council Member Brown and passed unanimously. Council Member McComb referred to Ordinance No. 14 pertaining to the Multi -Cultural Center and suggested that a motion be considered to table the portion of the ordinance authorizing the appropriation from the Convention Center Bond Fund for the construction of one of the two parking lots and that the appropriation from Multi -Cultural Center Bond Fund be approved and that the portion of the contract with Salazar Construction Company be amended to delete the parking lot. He stated that he would like to make a motion to that effect. The motion was seconded by Council Member Mendez. 1 es Re,.,lar Council Meeting July 17, 1984 Page 11 City Manager Martin suggested that the motion would amend the description of the ordinance on the agenda by deleting "appropriating $53,000 from the Convention Center Bond Fund" and by changing the figure for award of contract to Salazar Construction Company from $438,500 to $391,750. City Secretary Read pointed out that the appropriate action would be a motion to amend the ordinance being considered today and City Manager Martin agreed. Mr. Martin stated a proposal will be presented at a later date for funding of the parking lot but this action will require several weeks. The motion to amend the ordinance passed unanimously. There were no further comments from the audience; City Secretary Read polled the Council for their votes on Ordinances 12 through 31 with the exception of Ordinance 16 which had already been voted upon and noting that Ordinances 14 and 15 had been amended. The following ordinances were passed: 12. RESOLUTION NO. 18333: IN SUPPORT OF THE REDREDGING OF THE MUSTANG ISLAND FISH PASS AND THE REOPENING OF THAT PASS TO WATER EXCHANGE BETWEEN CORPUS CHRISTI BAY AND THE GULF OF MEXICO. The Charter Rule was suspended and the foregoing resolution passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 13. RESOLUTION NO. 18334: THAT THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI STRONGLY RECOMMENDS THAT THE U. S. DEPARTMENT OF THE NAVY CONTINUE TO CONSIDER THE CORPUS CHRISTI AREA AS A POSSIBLE LOCATION FOR A BATTLESHIP SURFACE ACTION GROUP. The Charter Rule was suspended and the foregoing resolution passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 14. ORDINANCE NO. 18343: AUTHORIZING THE EXECUTION OF A CONTRACT WITH B. E. BEECROFT COMPANY FOR RESTORATION OF THE GALVAN HOUSE AND A CONTRACT WITH SALAZAR CONSTRUCTION COMPANY FOR CONSTRUCTION OF MULTICULTURAL CENTER SITE IMPROVEMENTS; APPROPRIATING $780,701 FROM THE MULTICULTURAL CENTER BOND FUND; AND DECLARING AN EMERGENCY. M :s Rey,.iar Council Meeting July 17, 1984 Page 12 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". 15. ORDINANCE NO. 18344 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CLIFF ZARSKY TEXAN HOMES, INC. BY GRANTING A SPECIAL COUNCIL PERMIT ON A PORTION OUT OF LOTS 5 AND 6, SECTION 50, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FOR A TOWNHOUSE DEVELOPMENT WITH A MAXIMUM OF 19 TOWNHOUSE UNITS PER ACRE; 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". 16. (This ordinance failed to pass -- See Page 8) 17. ORDINANCE NO. 18335: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 72 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $15,560; 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". 18. ORDINANCE NO. 18336: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 48A IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $11,553; 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". 19. ORDINANCE NO. 18337: CLOSING AND ABANDONING THE 5 FOOT UTILITY EASEMENT IN LOT 10, BLOCK 1, AND ADJACENT 5 FOOT UTILITY EASEMENT IN LOT 11, BLOCK 1, BOTH IN POINT TESORO UNIT 5 SUBDIVISION, SUBJECT TO THE PROVISIONS LISTED BELOW; 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". M ;s Regular Council Meeting July 17, 1984 Page 13 20. FIRST READING: FINDING THAT THE COST OF PROVIDING LOCAL CHARTER BUS SERVICE HAS INCREASED; ESTABLISHING NEW RATES FOR LOCAL CHARTER BUS SERVICE; AMENDING ORDINANCE 16369; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. 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". 21. FIRST READING: GRANTING TO NUECES ELECTRIC COOPERATIVE, INC., ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE FOR FIVE (5) YEARS; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; AND PROVIDING FOR PUBLICATION. 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". 22. SECOND READING: AMENDING SECTION 55-50 OF THE CITY CODE OF ORDINANCES, 1976 REVISION AS AMENDED BY ORDINANCE 17762, PASSED AND APPROVED AUGUST 3, 1983, BY AMENDING CERTAIN SCHEDULES THEREIN SO AS TO INCREASE WATER RATES FOR CUSTOMERS USING TREATED OR UNTREATED WATER. 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". 23. SECOND READING: AMENDING SECTION 55-100 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, SO AS TO PROVIDE CERTAIN INCREASES IN WASTEWATER RATES; AMENDING SECTION 55-71 BY AMENDING THE CHARGES FOR SEWER TAP FEES FOR TAPS IN STREETS AND EASEMENTS INSIDE OF THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". M :s Rey,.lar Council Meeting July 17, 1984 Page 14 24. SECOND READING: AMENDING SECTIONS 21-7, 21-18 THROUGH 21-21.1 AND 21-46 OF THE CODE OF ORDINANCES SO AS TO INCREASE GARBAGE COLLECTION AND DISPOSAL CHARGES APPROXIMATELY FIVE PERCENT (5%) EFFECTIVE WITH THE FIRST BILLING CYCLE IN THE MONTH OF AUGUST, 1984; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 25. SECOND READING: AMENDING THE CODE OF ORDINANCES, CHAPTER 36, SO AS TO INCREASE RECREATION FEES. 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". 26. SECOND READING: AMENDING THE BUILDING CODE TO INCREASE CERTAIN FEES. 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". 27. SECOND READING: AUTHORIZING A ONE YEAR LEASE RENEWAL WITH FAA FOR THE USE OF AIRPORT LAND FOR THE INSTALLATION OF RUNWAY VISUAL RANGE EQUIPMENT AT RUNWAY 13-31 AND FURTHER AUTHORIZING THE CITY MANAGER TO RENEW THE LEASE ANNUALLY FOR A PERIOD OF FOUR YEARS. 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". 28. SECOND READING: ANNEXING BRIGHTON VILLAGE UNIT 3 AND BRIGHTON VILLAGE UNIT 4 AND APPROXIMATELY 9 ACRES OF LAND OWNED BY TIM CLOWER, R. C. ALLEN, WES LEDFORD AND DIANA CHEEK, TOMMY THOMPSON, ALFRED EDGE, GARY BURSHELL AND DIOCESE OF CORPUS CHRISTI. 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". P es Reyular Council Meeting July 17, 1984 Page 15 29. SECOND READING: ANNEXING WOOD RIVER UNIT 6 OWNED BY PENDARIS CORPORATION AND LUTHERAN CHURCH MISSOURI SYNOD. 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". 30. THIRD READING - ORDINANCE NO. 18338: AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE OSO PONY BASEBALL LEAGUE FOR THE LEASE OF A 15.411 ACRE TRACT OF LAND FOR THE PURPOSE OF CONDUCTING A PONY LEAGUE BASEBALL PROGRAM. 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". 31. THIRD READING - ORDINANCE NO. 18339: AMENDING ORDINANCE NO. 13193 TO PROVIDE A NEW SCHEDULE OF RATES FOR MONTHLY CABLE TELEVISION SERVICES BY ATHENA CABLEVISION OF CORPUS CHRISTI, INC. 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". Mayor Jones called for consideration of the following actions by motion from the Regular Agenda: 32. Consideration of proposed Charter Amendments. A motion was made by Mayor Pro Tem Turner that the Council go on record as being opposed to the passage of the three propositions included in the Charter Amendment Election. The motion was seconded by Council Member Berlanga. Council Member Slavik stated that she did not think it was appropriate for a body such as the City Council to go on record to oppose these valid petitions and stated that she will vote against this motion. Mayor Jones stated that he disagreed with Council Member Slavik because the petition was presented to the City; it is historical for the Council to express opinion on charter amendments; and he was of the opinion that the Council owes it to the public to explain their opinions. M s Regular Council Meeting July 17, 1984 Page 16 Council Member McComb stated that his commitment in serving as a Council Member was to do what he thought was best for the citizens of this City, and although he agreed that the Taxpayers Association has the right to express their opinion, he has an obligation to take the position to vote "no" on these propositions and he wanted everyone to know that. He stated that he felt that the proposed amendments are not in the best interest of the City and he will encourage everyone he talks to to vote "no" on all three proposed amendments. Council Member Brown indicated his concurrence and stated that he felt that the City Council should take a stand for the benefit of the citizens of the City. Council Member Mendez stated that he felt that the Council Members would be avoiding their responsibility if they did not inform as many citizens as possible how they felt about the proposed charter amendments. He pointed out that the citizens have heard from one group that this will reduce their utility rates, which is simply not true, and the Council needs to inform people of this. The motion to oppose the passage of the charter amendments passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb and Mendez voting, "Aye"; Slavik voting, "no". City Manager Martin referred to the ordinance to amend the ordinance calling the election to restate the proposed charter amendment propositions. He explained the different wording in the amending ordinance, noting that the original ordinance stated "shall Article VIII be repealed, etc." and the voters were to vote either for or against. He explained that Assistant City Attorney Doegey had received a telephone call from one of the organizations supporting the amendments alleging that this was an attempt to confuse the voters, and following that conversation, Mr. Doegey had called the Secretary of State's Office and they had indicated that it would be best not to put the proposed amendment in the form of a question. He stated that the City Staff is now suggesting that the ballot be changed to remove the question aspect. City Secretary Read polled the Council for their votes on the ordinance making the change in the wording of the propositions and the following ordinance was passed: ORDINANCE NO. 18341: AMENDING ORDINANCE NO. 18332 TO RESTATE THE WORDING OF THE PROPOSED CHARTER AMENDMENT PROPOSITIONS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". es Rc.„Ilar Council Meeting July 17, 1984 Page 17 33. Tentatively approving the 1984-85 Budget for the City of Corpus Christi. (No action was taken on this item.) * * * * * * ** 34. Bishop Estates is appealing the requirement for the dedication of a 3.1 acre area for park purposes out of the approximate 62 acre subdivision being developed into large lots containing approximately 6 acres in size, and in lieu of dedicating land would be willing to pay money for park settlement. The regulations contained in the Platting Ordinance make no provision for the payment of money in lieu of land in residential sub- divisions 20 acres or larger, therefore, granting this would be a violation of the Platting Ordinance. At the Planning Commission Meeting of April 10, 1984, at which the developer appealed the park dedication and offered money in lieu of, the Commission denied the apeal. (Attachment #15) City Manager Martin informed the City Council that at the request of the attorney for Bishop Estates, this item will be delayed for one additional week. Mayor Jones called for consideration of the ordinances from the Regular Agenda on items 35 and 36. Mayor Jones called for comments from the audience on these two items. Mrs. Elpadia Gonzales addressed the Council in regard to the ordinance prohibiting curbside parking on several streets, including Baldwin Street. She stated that she owns a building on Baldwin; she objects to the elimination of parking because her business has no off-street parking at all. Mr. David Seiler, Traffic Engineer, stated that her business is located near the corner of Elgin and Baldwin and there is parking on Elgin Street. Mr. Tom Stewart, Director of Transportation, explained that this ordinance was initiated because of the traffic congestion and most of the businesses have off-street parking. Mayor Jones inquired if there is parking space available on Elgin Street, and Mr. Seiler explained that there is quite a bit of on -street parking space on Elgin because it is not developed. Mr. Stewart continued by stating that this was discussed at the Transportation Advisory Board; the Staff has examined Mrs. Gonzales' options; but since Baldwin has heavy traffic and there have been many accidents, it was the opinion of the Board and the Staff's that the on -street parking should be discontinued. He stated that most of the accidents were caused because there is no left turn lane on the street and with the elimination of on -street parking, it will be possible to create a left turn lane. Mr. Stewart continued by stating that most of the businesses evolved over the years Y ,s Re, -lar Council Meeting July 17, 1984 Page 18 and they either came into the City as nonconforming use or they were not in compliance with the requirements for off-street parking associated with businesses. City Manager Martin stated that it is unfortunate that there is no parking offsite because this is the same prohibition that is being accomplished on Everhart, Airline and other arterial streets. He pointed out that there is parking available for Mrs. Gonzales' business just seventy-five feet away and that is as close to businesses as most parking spaces are in shopping centers, etc. Council Member Mendez stated that the area that was discussed by the Council the preceding week was on that portion of Baldwin from Port to Airport Road. Mr. Stewart stated that there is quite a bit of opposition to the prohibition of curbside parking on that portion of Baldwin and the Staff felt that it would be better to start on this portion of Baldwin which does not have as many businesses. In the temporary absence of the City Secretary, Assistant City Secretary Dorothy Zahn polled the Council for their votes and the following ordinances were passed: 35. ORDINANCE NO. 18340: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF TEXAS FOR THE CONTINUED EXISTENCE, USE, OPERATION, AND MAINTENANCE OF A HIGHWAY TRAFFIC SIGNAL AT THE INTERSECTION OF FM 624 AND fm 1889; 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". 36. FIRST READING: AMENDING SECTIONS 53-252, SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, AND 53-253, SCHEDULE IV - STOPPING, STANDING OR PARKING DURING CERTAIN HOURS ON CERTAIN STREETS, OF THE CODE OF ORDINANCES BY DELETING AND ADDING DIFFERENT STREET SECTIONS TO THE SCHEDULES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. 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". * * * * * * * * 2S Reyular Council Meeting July 17, 1984 Page 19 Mayor Jones announced the public hearing on three annexations. 37. Annexation of 24.469 acres out of a portion of Lots 1 and 2, Block 1, Nueces River Irrigation Park, generally located along the west side of U.S. Highway 77, south of FM 624. Mr. - Larry Wenger, Director of Planning, located the area on the map and explained the reason they want the area annexed. Mayor Jones ascertained that no one in the audience wished to speak in opposition. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez and passed unanimously. City Secretary Read polled the Council for their vote on the first reading of the ordinance authorizing the contract for the annexation and the following ordinance was passed: 37. FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND CHARLES J. SMITH AND MICHAEL E. JOHNSON FOR THE ANNEXATION OF A PORTION OUT OF LOTS 1 AND 2, BLOCK 1, NUECES RIVER IRRIGATION PARK, NUECES COUNTY, TEXAS; 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 first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Brown, "absent at the time the vote was taken". * * * * * * * * 38. Annexation of a 1.63 acre area of land out of Lots 31 and 32, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, generally located on the east side of Rodd Filed Road, south of the north line of Saratoga Boulevard extended. Mayor Jones ascertained that no one in the audience wished to speak in regard to this annexation. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. 35 Rey -Jar Council Meeting July 17, 1984 Page 20 City Secretary Read polled the Council for their vote on the ordinance and the following was passed: 38. FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND LAKE PLACID TOWNHOMES, INC. FOR THE ANNEXATION OF A PORTION OUT OF LOTS 31 AND 32, SECTION 27, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS; 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 first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Brown, "absent at the time the vote was taken". * * * * * * * * 39. Annexation of a 4.75 acre area out of Tract 4, McIntyre Partition out of the Mariano Lopez de Herrera Grant Abstract #606, generally located along the west side of FM 1889, south of FM 624. No one spoke in regard to this annexation. A motion was made by Council Member Kennedy that the hearing be closed. Council Member Mendez stated that he would like to see the location of this tract on a map. Mr. Wenger pointed the location out on a map and stated that it would be for business development. The motion to close the hearing was seconded by Council Member Mendez and passed unanimously. City Secretary Read polled the Council for their votes and the following ordinance was passed: 39. FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND EIGHTEEN EIGHTY NINE GROUP FOR THE ANNEXATION OF A PORTION OUT OF TRACT 4, McINTYRE PARTITION OUT OF THE MARIANO LOPEZ DE HERRERA GRANT, ABSTRACT NO. 606, NUECES COUNTY, TEXAS; 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; 1 as Re,..iar Council Meeting July 17, 1984 Page 21 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Brown, "absent at the time the vote was taken". Mayor Jones then announced the public hearing on the following alley closure: 40. Alley Closure - 15 foot wide unimproved alley in Block 3, Bayview Addition, Unit 2. This alley extends from Craig Street to Morgan Avenue, and the request for closure was made because the applicant desires to expand a business across the Morgan Avenue end of the alley. Assistant City Manager Lontos displayed a map showing the alley and stated that the Staff recommends that the entire alley be closed but explained a potential problem with access to Lot 8. He explained that the applicant, Grunwald Printing Company, is considering allowing through their property access to Lot 8 if the portion of the alley abutting their property is closed. He stated that the Staff recommends that the entire alley be closed subject to that agreement being worked out. He suggested that the Council not consider the ordinance today subject to the agreement to provide access to Lot 8. Mayor Jones called for comments from the audience. Mr. Armando S. Munoz, 1213 llth Street, stated that he is the owner of Lot 7 of Block 3 and he uses the alley frequently to go to the store. He stated that he also has an apartment and he is opposed to closing the alley to Lot 7 because it provides access to that lot. He informed the Council that there are other property owner on other lots who are also opposed to the alley closing. Council Member Slavik stated that if the owners of Lots 7 and 8 are using the alley, and possibly other property owners, she would be opposed to closing it. Mr. Lontos stated that according to the pictures taken of the alley, the alley is overgrown with weeds and does not appear to be in use at all. He stated that the Staff felt that only Lot 8 needed the access but if that is not the case, it might be possible to close the alley that abuts Lots 10, 11, 12 and 13 which was the portion requested, could be closed. He reminded the Council that the Staff's position has been that if alleys are not opened on the ground and cannot be driven through, they should be closed and it appears that only the three lots have paving. He stated that he was only aware of opposition from the owner of Lot 8. Council Member Mendez stated that if Mr. Grunwald and the owner of Lot 8, which is occupied by a garage, can work out an agreement, he would suggest that only that portion be closed up through Lot 8. ?s Rt.,_sar Council Meeting July 17, 1984 Page 22 Mr. Munoz stated that he is not the only one who objects to the alley closing because others to the north are also opposed to it. He stated that the owner of Lot 8 had parked a Volkswagon in the alley which made it almost impassable but he felt that that vehicle should be moved. Council Member Mendez explained that Mr. Munoz wants to have access through the alley from both Morgan Street and Craig Street and objected to closing any portion of the alley. Mr. Mendez then informed Mr. Munoz that if the alley is closed, the land would revert back to the abutting property owners and his lot would be enlarged by that amount. Council Member Slavik suggested that other property owners be contacted to see if they object to it. Mr. Lontos stated that the Staff would be glad to contact the other property owners. City Manager Martin stated that he would like to suggest that the person making the request for the closure circulate notices to find out how many people are opposed to it and where their lots are located. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. A motion was made by Mayor Pro Tem Turner to delay action on this item until the notices have been circulated; seconded by Council Member Guerrero and passed unanimously. Another member of the audience addressed the Council and stated that Mr. Munoz is correct in that the alley should remain open because he does have a small apartment to which he needs access from the alley. He stated that he did not feel that anyone else would object to the closing of the alley except for that owner of Lot 7. * * * * * * * * Mayor Jones announced the public hearing on two zoning applications. 41. Application No. 684-3, Mr. Gene L. French: For a change in zoning from "B-2" Bayfront Business District to "B-4" General Business District on Lots 7A, SA, 9A, and 9B, Block 29, Padre Isles No. 1, located on the north side of Gaviota Drive, between Padre Island Drive and Sand Dollar Avenue. Note: This application was withdrawn at the request of the applicant, Mr. French. es R�,,..Lar Council Meeting July 17, 1984 Page 23 42. Application No. 684-6, Messrs. Lon Hipp and Bill Holland: For a change in zoning from "A-1" Apartment House District to "B-4" General Business District, being 10.04± acres out of Lot 20, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Wooldridge Road, approximately 1,950' east of 5. Staples Street. Assistant City Manager Tom Utter informed the Council that in response to the eleven notices of the public hearing, three in favor and none in opposition had been returned. He stated that the Planning Commission recommends denial of "13-4" but in lieu thereof, that "B-3" be approved and the Planning Staff recommends denial. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area; and showed slides of the vicinity. He stated that the ap.licant plans to establish uses allowed under "B-4" zoning. He explained th t the Staff is concerned about the establishment of a precedent for busine.s zoning fronting on Wooldridge Road. He explained that the Staff feels that if this is approved, it will generate additional traffic on Wooldridge and w 11 have a questionable effect on the other properties in the area. Mr. Wenger continued by stating th_t a precedent would be established if "B-4" zoning is granted in this locati.n which would have a major impact on subsequent development east of this tra.t along Wooldridge Road. He explained that the development planned includes th ten -acre tract in this application as well as forty acres located to the sou.h and southwest and indicates a major medical complex, office development and some retail development. He stated that the plan also shows that access to he development would be reached by Wooldridge and Staples Street and to acc.mmodate traffic generated by this type of development, Wooldridge would have to be upgraded to arterial status between Staples and Airline. He pointed out that Wooldridge is only nineteen feet in pavement width and the City would have to purchase considerable right-of-way that consists of newly developed resi.ential property along this collector street in order to widen the road to a.terial width. He pointed out that if "B-4" zoning is granted, it would be di ficult for the Staff to deny access to Wooldridge Road through this property. e stated that the entire tract is 120 acres and is larger than Sunrise Mall a d Padre Staples Mall combined and they are located on a major expressway. Mr. Wenger estimated that in order to establish Wooldridge as an arterial street, it should be expanded to 80 fe:t instead of a 60 -foot street and to purchase the additional 10 feet of r'ght-of-way on each side would cost approximately $197,163 just for the righ -of-way. He estimated that the total cost of widening the street for the City would be $817,163. He stated that the Staff is not opposed to the project but hey are opposed to placing it on this particular tract of Wooldridge Road. es Council Meeting July 17, 1984 Page 24 Council Member Kennedy inquired if this is part of a larger project, and Mr. Wenger stated that it was because it will extend all the way to Staples Street. Mayor Pro Tem Turner expressed the opinion that other tracts in the area will probably be zoned "A-1" and there will be a need to widen Wooldridge Road. Mr. Wenger pointed out that "A-1" zoning has substantially less traffic than "B-4" zoning. He agreed that Wooldridge Road would have to be widened 40 feet within the existing 60 feet of right-of-way but a major business development all along the street would require that it be an arterial street which would require more right-of-way for a wider street. Council Member Berlanga inquired if there are any other businesses on Wooldridge Road, and Mr. Wenger stated that there are but they are marginal use and the 40 -foot street is adequate. Council Member McComb referred to the map and the statement that this applicant plans a wrap-around type of development to Staples Street. He suggested that the taxes generated by such a business development might pay for the widening of the street. Mr. Wenger pointed out that the Master Plan calls for a 40 -foot street. Council Member Slavik questioned the Planning Commission's recommendation for "3-3" which prohibits residential development, and Mr. Wenger explained that there seemed to be some opposition to additional apartments in the area by members of the Planning Commission. Council Member Slavik, noting the very large size of the tract, stated that she is concerned about that much development in this area. Mayor Jones commented that widening Wooldridge Road should be on the next bond issue which would probably not be until 1986. Mr. Wenger pointed out that there are other improvements that should be included in the next bond issue which are just as important or more urgent than this. He pointed out that Wooldridge Road will not become a major arterial street unless the zoning is granted for intensive zoning use. Mayor Jones called on the applicant to speak at this time. Mr. Lon Hipp, one of the applicants, displayed photographs of various scenes of the area. He stated that there is a total of 49 acres but this request is just for a 10 -acre tract. He referred to the plans for what they call The Esplanade which will be the most comprehensive development in the City. He explained that the SWA Group designed the project; the primary entrance for the project will be from Staples Street extending to a future connection to 35 Rt,_iar Council Meeting July 17, 1984 Page 25 Saratoga. He explained that other property owners in the area have agreed to continue this road to Saratoga as they develop their property. He explained that their plan includes a boulevard type of road through the development that will include landscaping on both sides and the developers will take care of the maintenance of the vegetation on the boulevard. He explained that the development will contain a comprehensive executive corporate office development with a ten -story building on Staples, five mid -rise office building developments on the north side of the boulevard, and garden offices to the south. He pointed out that South Staples is 100 feet of right-of-way with six driving lanes and one lane in the middle and Saratoga has 120 feet of right-of-way with a proposal of six driving lanes and a 26 -foot landscape median in the center. He pointed out that although Wooldridge Road is presently an 18 -foot road, the Master Plan contemplates that it will be a 60 -foot right-of-way which will have two 11 -foot driving lanes and two 13 -foot driving lanes. He assured the Council that the portion to be developed on Wooldridge Road would be aesthetically pleasing for the boulevard and extensive planting areas. He expressed the opinion that the 60 feet of right-of-way could accommodate four lanes of traffic and the other two streets are arterial streets surrounding the area. Mr. Hipp continued by reading a letter from Chief Ralph Rogers who verified that the property should have access from two directions, both from Staples and from Wooldridge because the Fire Department feels that in this particular development, there should be two accesses to this proposed development. Mayor Pro Tem Turner inquired if the "B-3" zoning was acceptable to the applicant. She expressed the opinion that this proposed development would be preferable to apartments on Wooldridge Road. Mr. Hipp indicated that "B-3" would be acceptable. He also noted that the total value of The Esplanade when it is completed is estimated to be $98,329,000 which would generate approximately $558,000 in taxes each year to the City in addition to other taxes. Mayor Jones inquired about the estimated time of completion, and Mr. Hipp replied that it would be approximately five years. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Guerrero and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, and Mendez voting, "Aye"; Slavik voting, "No". A motion was made by Council Member Guerrero that the Council concur with the recommendation of the Planning Commission and that "8-3" zoning be approved; seconded by Mayor Pro Tem Turner. Council Member Slavik noted the "F -R" zoned property across from the area and inquired if it would not possibly be developed for "R -1B". Mr. Wenger stated that it is hard to know at this point because if Wooldridge Road is developed as a wide street, that property would probably not be developed as single-family dwellings. as Rey -lar Council Meeting July 17, 1984 Page 26 Council Member Slavik stated that she will have to vote against this because of the problems that will evolve on Wooldridge Road. City Secretary Read polled the Council for their vote on the ordinance effecting the zoning change and the following was passed: 42. ORDINANCE NO. 18342: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF LON HIPP AND BILL HOLLAND BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 20, SECTION 12, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "B-3" BUSINESS DISTRICT; 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 and Mendez voting, "Aye"; Slavik voting, "No". * * * * * * * * Mayor Jones called for the City Manager's Report. City Manager Martin informed the Council that the City has a serious problem. He stated that a memorandum had been placed before the Council during the noon hour, stating that it pertains to Exposition Hall. He informed the Council that the engineering firm employed to prepare the study on the building are recommending that Exposition Hall be closed immediately pending their final report. He explained that twenty-five events are booked already between now and December, including two large events this week -end. He explained that the City Staff is making attempts to try to relocate those two events in other accommodations, possibly in the Bayfront Plaza Auditorium, at the same cost that the people would have paid in Exposition Hall. A motion was made by Mayor Pro Tem Turner that consultants' recommendations to close Exposition Hall be implemented immediately and that the parties listed on the memorandum provided the Council be accommodated at no additional cost and that the City assist them in notifying their guests of the change of location. The motion was seconded by Council Member Slavik and passed unanimously. City Manager Martin then reminded the Council of the Texas Municipal League Meeting on July 26 in Edna, Texas. He stated that Staff Members will attend but he would suggest that some of the Council Members attend if possible. Council Member Guerrero made a motion that this Council go on record to urge that prayer vigils be conducted to pray for rain. The motion was seconded by Council Member Slavik and passed unanimously. as RL, sar Council Meeting July 17, 1984 Page 27 There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Berlanga and passed unanimously, the Regular Council Meeting was adjourned at 9:56 p.m., July 17, 1984. DZ/rr