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HomeMy WebLinkAboutMinutes City Council - 09/18/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 18, 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 KCLA City Manager Edward A. Martin Assistant City Attorney Melene Dodson 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 Major Jim Waller of the Salvation Army, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Leo Guerrero. 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. Mayor Jones called for consideration of the minutes from preceding meetings. Council Member Frank Mendez noted that in the minutes of September 11, 1984, two Council Members' names were listed as having made one statement and asked that it be corrected. A motion was made by Mayor Pro Tem Turner that the minutes of September 4 and September 11, 1984 as corrected be approved, seconded by Council Member Mendez and passed unanimously. Mayor Jones then administered the oath to the following new appointments to boards and commissions: Mr. Jerry Kane, Airport Advisory Board; Mrs. Janie Palacios, Water Allocation and Review Committee; Mr. Vic Menard and Mr. Guy Watts, Park and Recreation Board; and Ms. Marcella Vasquez, Human Relations Commission. * * * * * * * * * * * * * Mayor Jones announced the bid opening on the following engineering project: George Evans School Area Street Improvements, Phase II Project. Streets included in this 9th Year Community Development Block Grant project are as MICROFILMED utes jular Council Meeting September 18, 1984 Page 2 follows: Howard, from Sam Rankin to Brownlee; Mestina, from Sam Rankin to Brownlee; Sam Rankin, from Caldwell to Comanche; Josephine, from Caldwell to IH -37 Access Road (Antelope); and Mexico, from Caldwell to IH -37 Access Road (Antelope). Assistant City Manager James K. Lontos opened bids on this project from the following companies: Pat Canion Excavating, Claude Chapman Construction Co., Heldenfels Brothers, Inc., Maverick Construction Co., A. Ortiz Paving & Construction Co., and Stefek Construction Co. Mr. Lentos verified that the required bid security bond had been submitted by all of the bidders and that all of them had acknowledged receipt of addendum numbers one and two, with the exception of A. Ortiz Paving & Construction Co. who did not acknowledge either of them and Stefek Construction Co. who acknowledged receipt of addendum number one but did not acknowledge receipt of addendum number two. Council Member Mendez stated that he had had a meeting with several people in regard to the use of Community Development Block Grant funds and suggested that some of the excess funds be used for paving repairs and maintenance, noting that the bids received today were lower than the engineer's estimate and possibly funds might be available for immediate needs on other street improvements. City Manager Martin explained that the funds could be used for reprogramming, but he was not sure that they could be used for paving and repairs. He stated that they would have to check to see how much is budgeted for this particular project. Mayor Jones suggested that reallocation should have some relationship to the projects that were already approved. Mr. Mendez explained that the repair work to which he referred is included in future programs, mentioning Mary Street in particular. Mayor Jones stated that his only concern is that the Council not change the system of allocation because a lot of study goes into the allocation recommendation. Council Member Berlanga stated that one way to use the extra funds would be to allocate it in the same district in which it was previously allocated. Mayor Jones expressed appreciation to the bidders who had bid on the City project and stated that they would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the staff for tabulation and recommendation. * * * * * * * * * * * * * 1. Approval of 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 captive rotes gular Council Meeting September 18, 1984 Page 3 radio repair parts and accessories as follows. Prices have increased approximately 6% since last year. Supplier % of Discount from Price List Est. Annual Expenditure General Electric 25% $75,000.00 Motorola C&E, Inc. 15% $25,000.00 Houston, Texas 2. Approving the purchase cf shelving and materials handling equipment for the new City Warehouse based on low bid for pallet racking, polypropylene storage bins, safety ladder and shipping and receiving desk and low bid meeting specifications for open and bulk shelving, bar racking, pallet truck and bench, for $39,942.38. Seventeen bid invitations were issued and ten bids were received. Funds are available in the 1984-85 Capital Outlay Budget. Austin Materials Handling, San Antonio, Texas: Item 1.1 Open Shelving $20,236.00 Southwest Lift Trucks, Corpus Christi, Texas: Item 1.2 Bulk Shelving Item 1.3 Pallet Racking Briggs Weaver, Corpus Christi, Texas: Item 1.4 Bar Racking Item 2.0 Polypropylene Storage Bins Item 6.0 Shipping & Receiving Desk $11,648.91 2,279.03 1,142.76 3,832.32 114.36 $ 5,089.44 Power Industrial Equipment, San Antonio, Texas: Item 3.0 Pallet Truck 389.00 Texas Material Handling, San Antonio, Texas: Item 4.0 Bench 240.00 C. Jim Stewart & Stevenson, Corpus Christi: Item 5.0 safety Ladder 60.00 GRAND TOTAL $39,942.38 3. Bids be received on October 16, 1984 for an oil and gas lease for the City's mineral interest in a 146.504 acre tract at the northwest corner of the International Airport. Utes gular Council Meeting September 18, 1984 Page 4 4. Bids be received October 24, 1984 for a vibratory soil compactor for the Street Division. Estimated expenditure is $78,000 with funds available in the 1984-1985 Revenue Sharing Capital Outlay Budget. 5. Authorizing the City Manager to execute leases related to testing and/or drilling of water wells within the budget appropriations set by separate ordinance. 6. Authorizing the City Manager to enter into a water supply contract with Lavaca-Navidad River Authority. This contract would enable the Authority to request a permit amendment from the Texas Water Commission to include Corpus Christi. Mayor Jones requested an explanation of item 6. City Manager Martin explained that the City of Corpus Christi has made an application to purchase water from Lake Texana, which is owned by Lavaca-Navidad River Authority. He stated that the other owner is the State of Texas and in order for the temporary allocation to be successful, they have to see if there is a party interested in purchasing the water and this must be approved by the Texas Water Commission. He explained that the price is about $68 per acre foot and that is really just passing on their cost and is very reasonable. He stated that he is recommending that the Council approve this contract to allow Lavaca-Navidad to go before the Texas Water Commission to request approval of the sale of water to Corpus Christi since they only have one customer, an industrial plant that manufactures plastic. Mr. Martin continued by stating that the long-term solution is for the City to attempt to have a permanent water supply outside of the drought area. He pointed out that a pipeline constructed from that area would be very expensive, but would provide a long-term solution. He explained that at this time, the plan is to use existing pipelines for transportation of the water. Mr. Martin continued by stating that the State has the final authority as to whether or not the water can be sold to Corpus Christi and this will be determined by the Texas Department of Water Resources. He stated that the Lavaca-Navidad River Authority has been very cooperative and they will present the request to the State. Mayor Pro Tem Turner inquired if the City does go that route and installs a distribution line, if the expense could be by inter -city participation. City Manager Martin explained that right now, the cities that purchase water from this City participate in the payment for the water. He stated that he felt that an ideal situation would be to have the River Authority purchase bonds and allow the City to pay it back by contract. He reiterated that the use of the gas pipeline is just a temporary measure to transport the water and if it is approved, this will just be an emergency backup system, but, it is the first step of a permanent solution. 7. Approving Change Order No. 1 for $8,900 and Change Order No. 2 for $11,876 to the South Bluff Park Improvement project. Change Order No. 1 provides for the removal cf two frame buildings, additional 10 foot fence work, utes jular Council Meeting September 18, 1984 Page 5 additional stabilization and base work, and color coating of reworked tennis court areas at South Bluff Park. Change Order No. 2 provides for the leveling, repair, resurfacing, and color coating of eight courts at the H.E.B. Tennis Center with funding for this work being approved in the 1984-85 Park Department Operating Budget. The work at South Bluff Park is being performed under a 50% matching grant from the Texas Parks and Wildlife Department. 8. Delay the receipt of bids on the McArdle Road Sanitary Sewer Sliplining Phase II project until *October 23, 1984. Bids were scheduled to be received September 25, 1984. The Wastewater Division is in the process of making a television inspection of the portion of the line from Everhart to Dody. *Note: This date was changed to October 9, 1984. Mayor Jones ascertained that no one in the audience wished to speak on the Consent Motions. A motion was made by Mayor Pro Tem Turner that the consent motions, items 1 through 8, be approved, seconded by Council Member Guerrero and passed unanimously by those present and voting. * * * * * * * * * * * * * Mayor Jones called for consideration of the consent ordinances ordinances from previous meetings on items 9 through 22. Mayor Jones asked to see the location of the parcel to be referred to in Ordinance 9 pertaining to the Timon Boulevard Acquisition Project. Assistant City Manager Lontos displayed a transparency showing of the small tract to be acquired. He explained that some of the been purchased, but this particular acquisition will complete the for Timon Boulevard. and acquired as Median Land the location property had right-of-way Council Member Mendez referred to item 10, which is an ordinance authorizing an appropriation of $30,000 for the engineering design of street improvements for Furman School Area, Phase III. He explained that this is related to the subject he mentioned earlier. He stated that it is in the planning stage and it has been explained to the residents that they can expect street improvements through CDBG within three years. Council Member McComb referred to item 12 in regard to an amendment to the architectural service contract for the Central Public Library for preparation of plans for the third floor shell. He questioned the large amount appropriated for this purpose, since he felt that the original direction to the architect was that they present plans and specifications for a third floor. City Manager Martin explained that the building is designed to allow for the addition of a third floor at a later date, but the City staff would like to consider adding the third story shell now and that is the reason for the additional cost -- to prepare plans and specifications. Utes 3ular Council Meeting September 18, 1984 Page 6 Council Member McComb inquired if the architects will supervise this project, and City Manager Martin replied that they would but the City will have a supervisor also. City Manager Martin stated that the staff would just like to know exactly how much it would cost to add the third story now in view of the efforts being made to obtain private funding. Assistant City Manager Tom Utter stated that the Library Board specifically would like to know how much the third floor would cost at this time. He stated further that the library would contain 53,000 square feet without the third floor and 75,000 square feet with the third floor addition. Council Member McComb again questioned the high fee being paid to the architect, and Mayor Pro Tem Turner agreed, stating that she felt that the fee is out of line just for the design of a shell. City Manager Martin assured the Council that this is the maximum cost, but the contract will be negotiated. Council Member McComb expressed the opinion that this should have been included in the original specifications at the time the Council requested that consideration be given to the plans for a third floor. Mayor Pro Tem Turner noted that the percentage is based on total construction cost, and City Manager Martin confirmed this but stated that he did not believe in percentage contracts. Mayor Jones inquired if this is a new trend; i.e., to hire someone to supervise a job other than just the architects, and City Manager Martin replied that many companies and cities do have someone on the job at all times. On another subject, Council Member Slavik referred to item 14 pertaining to King's crossing Subdivision and inquired about the plans for items to be placed in their park, and Mr. Utter replied that that has not been determined yet. City Manager Martin explained that it will be similar to Santa Fe Swim Club or the Country Club Park, stating that it will be a neighborhood membership type of park. Mayor Jones inquired if the subdividers are dedicating 5% for park and building their own park in addition to that, and City Manager Martin stated that the City's goal is to achieve completed parks and when they construct a park similar to this, they will not receive full credit but they will receive partial credit for their park dedication. Council Member Mendez referred to Ordinance 15 which provides for the construction of a seawall overlook at the Peoples Street T -Head and stated that he understood that the Council appropriated this out of the Community Development Block Grant funds, but it was limited to $50,000. He inquired as to when changes had been approved. lutes gular Council Meeting September 18, 1984 Page 7 Mr. Utter explained that the Parks and Wildlife Department provided funds for a 50/50 match program which would require approximately $15,000 more than that which was originally appropriated from CDBG. Council Member Slavik asked for an explanation of Ordinance 16, pertaining to a City Lay Representative of the City and of the Library to the South Texas Library System meetings. City Manager Martin stated that the description is somewhat unclear but by amending this ordinance, the City will have a representative to attend the meetings but the Chairman of the Library Board will be the one to make the recommendation if he or she cannot serve in this capacity. Assistant City Manager Utter further explained that the Library would like to have the Chairman serve but if he or she is unable to serve, the Library Board could make a recommendation for the representative to be approved by the City Council. Mrs. Mary Bell, Chairman of the La Retama Library Board, explained to the Council that because of the intense work required in the plans for the new Central Library, the Chairman has not had time to serve as the representative to the State meetings. She explained that Mrs. Louise Dinn, who is free to travel to the meetings, has expressed a willingness to serve in this capacity; the Library Board needs to have a representative on the Advisory Council; and the Board would like to recommend that Mrs. Louise Dinn be appointed by the City Council. City Manager Martin stated that if this item is approved, the City Council could make the appointment next week. Mayor Pro Tem Turner referred to item 15, which authorizes a contract with Goldston Corporation for the construction of a seawall overlook at the Peoples Street T -Head and inquired if that company could check the conditions of the pilings while performing this work, and Mr. Lontos stated that he would check on this. Mayor Jones called for comments from the audience on the consent ordinances. Mrs. Mary Bell addressed the Council again and pointed out to Mr. McComb that the original direction to the architects was that they design a building containing at least 50,000 square feet and hopefully that it would be no more than two stories in height for maximum efficiency. She stated that the architects had designed that size building and at the time the Council reviewed the plans, they asked that the foundation be strengthened so that it would support a third story in the future. She stated that there is a small amount of excess funds and the Board is willing to consider adding the shell for the third floor at this time. She pointed out, however, that their fund raising drive is not pointed towards a third floor - it is for furnishings and equipment. There were no further comments on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: utes gular Council Meeting September 18, 1984 Page 8 9. ORDINANCE NO. 18464 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 2 IN CONNECTION WITH THE TIMON BOULEVARD MEDIAN LAND ACQUISITION PROJECT; APPROPRIATING $3,777; AND DECLARING AN EMERGENCY. 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. 10. ORDINANCE NO. 18467 APPROPRIATING $30,000 FROM THE 9TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE ENGINEERING AND DESIGN OF STREET IMPROVEMENT FOR FURMAN SCHOOL AREA PHASE III; AND DECLARING AN EMERGENCY. 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. 11. ORDINANCE NO. 18468 AUTHORIZING THE EXECUTION OF A CESSION AGREEMENT WHEREBY THE CITY OF PORT ARANSAS CEDES TO THE CITY OF CORPUS CHRISTI 64 ACRES NOW IN THE CITY OF PORT ARANSAS' EXTRATERRITORIAL JURISDICTION; AND DECLARING AN EMERGENCY. 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. 12. ORDINANCE NO. 18469 AUTHORIZING AN AMENDMENT TO THE ARCHITECTURAL CONTRACT WITH WISZNIA AND PETERSON WHICH PROVIDES FOR ARCHITECTURAL SERVICES FOR THE THIRD FLOOR OF THE NEW CENTRAL PUBLIC LIBRARY; APPROPRIATING $30,000; AND DECLARING AN EMERGENCY. 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. 13. ORDINANCE NO. 18470 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH KING'S CROSSING LAND VENTURE ASSOCIATES, PROVIDING FOR CITY PARTICIPATION IN THE OVERSIZE COSTS OF FORCEMAIN IMPROVEMENTS; APPROPRIATING $11,994.05; AND DECLARING AN EMERGENCY. 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. lutes gular Council Meeting September 18, 1984 Page 9 14. ORDINANCE NO. 18471 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH KING'S CROSSING LAND VENTURE ASSOCIATES, PROVIDING FOR CITY PARTICIPATION IN DEVELOPMENT OF A PORTION OF KING'S CROSSING UNIT 1 FOR CERTAIN IMPROVEMENTS INCLUDING PARK PAVING ON ST. DENIS STREET; APPROPRIATING $11,594.14; AND DECLARING AN EMERGENCY. 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. 15. ORDINANCE NO. 18472 AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE GOLDSTON CORPORATION FOR THE CONSTRUCTION OF AN OVERLOOK ON THE SEAWALL AT THE PEOPLES STREET T -HEAD ENTRANCE; APPROPRIATING $139,710.09 FROM THE NO. 162 FUND AND $11,174 FROM THE MARINA RESERVE FUND; AND DECLARING AN EMERGENCY. 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. 16. ORDINANCE NO. 18473 AMENDING THE CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, SECTION 2-77, LAY REPRESENTATIVE OF CITY, TO PROVIDE FOR THE LIBRARY BOARD RECOMMENDING A REPRESENTATIVE TO THE SYSTEM ORGANIZATIONAL MEETING AND ADVISORY COUNCIL; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. 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. 17. ORDINANCE NO. 18474 CLOSING AND ABANDONING THE 5 FOOT WIDE UTILITY EASEMENTS IN LOTS 6 AND 7 AND THE EAST 100 FEET ALONG THE SOUTH LOT LINE OF LOT 1, BLOCK A, FLOUR BLUFF ESTATES, 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, McComb, Mendez, and Slavik voting "aye"; Kennedy absent at the time the vote was taken. 18. FIRST READING CLOSING AND ABANDONING THE 25 FOOT WIDE ROAD EASEMENT WITHIN LOT 7, BLOCK 1, CARROLL PLACE UNIT 7; 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, McComb, Mendez, and Slavik voting "aye"; Kennedy absent at the time the vote was taken. utes 3ular Council Meeting September 18, 1984 Page 10 19. FIRST READING AMENDING CHAPTER 49 "STREETS AND SIDEWALKS" OF THE CITY CODE TO REQUIRE MONTHLY GROSS RECEIPTS REPORTS AND STREET RENTALS OF 4%; AND DECLARING AN EMERGENCY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Kennedy absent at the time the vote was taken. 20. FIRST READING AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GLENN LANMON AND DR. JAMES LIVELY FOR THE LEASE OF A PARCEL OF LAND AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR A TWENTY YEAR PERIOD. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Kennedy absent at the time the vote was taken. 21. THIRD READING - ORDINANCE NO. 18475 ANNEXING WOOD RIVER UNIT 6 OWNED BY PENDARIS CORPORATION AND LUTHERAN CHURCH MISSOURI SYNOD. The foregoing ordinance was read for the third time and 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. 22. THIRD READING - ORDINANCE NO. 18476 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND INTEREST DIVERSIFICATION GROUP, INC. FOR THE ANNEXATION OF APPROXIMATELY 3.18 ACRES OF LAND OUT OF LOT 22, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS, BEING PLATTED AS POLO ESTATES; 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 third time and 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. * * * * * * * * * * * * * Mayor Jones called for consideration of Action by Motion on the following item from the Regular Agenda: 23. Approving a contract with Chemron Corporation, Engineers -Consultants, to conduct a feasibility study to evaluate water conservation potential resulting from application of a thin layer organic film to Lake Corpus Christi at a cost not to exceed $18,000. The Ad Hoc Water Advisory Commission concur in this recommendation. rtes jular Council Meeting September 18, 1984 Page 11 City Manager Martin explained that this relates to several items under consideration that addresses the issue of evaporation at Lake Corpus Christi. He stated that the technical people in the Industrial District and the Technical Committee have been working on this and explained that this is the proposed use of an organic alcoholic substance that retards evaporation. He explained that an experiment in a tank had been conducted and the experiment was successful in a laboratory atmosphere. He stated that the next step would be to prepare a model of lake Corpus Christi with wave action and recreation activities being simulated and if that is successful, the City hopes to place the film on the Lake, possibly by next spring. Mayor Jones pointed out that this is just a feasibility study and it may not work. Council Member Mendez stated that he had been questioned about the effect the film will have on the water as far as fishing, etc. are concerned and inquired if the testing included that aspect. City Manager Martin stated that he did not know, but pointed out that both the Water Advisory Commission and he recommend this. Mayor Jones pointed out that the loss from evaporation is greater than the consumption of water and he felt that something should be considered to prevent the evaporation. City Manager Martin reiterated that this is not a proven process and he felt this step should be taken before any more money is spent on applying the organic film on the Lake. Council Member Slavik stated that she agreed that the City should go ahead with this plan to at least perform the testing in an effort to prevent the tremendous loss from evaporation. Mr. Douglas Matthews, Director of Public Utilities, stated that the cost would probably be near $1 million per year to apply this to the entire Lake. A motion was made by Mayor Pro Tem Turner that item 23 be approved, seconded by Council Member Mendez. Council Member Berlanga inquired about the effect the film would have on the plants and wildlife in the Lake, and City Manager Martin reiterated that that is what the study will determine. Council Member McComb noted that all possibilities should be explored. Mayor Jones called for comments from the audience on this item. Mr. Hayden Head, Chairman of the Ad Hoc Water Advisory Commission, explained that the commission is attempting to consider every possibility; they are very concerned about the large amount of water lost from evaporation at the Lake; and stated that although he does not have a great deal of hope that this method of combatting evaporation will be feasible, it is the opinion of the lutes .gular Council Meeting September 18, 1984 Page 12 commission that everything should be attempted for this purpose. He concluded by stating that this is recommended by the Ad Hoc Water Advisory Commission. The motion to approve item 23 passed by the following vote: Jones, Turner, Berlanga, Brown, McComb, Mendez, and Slavik voting "aye"; Guerrero and Kennedy absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following street closure: 24. Approximately 13 miles of unopened, unimproved, dedicated street rights-of-way in the Artemus Roberts Subdivision in the Annaville portion of the City. Assistant City Manager James K. Lontos displayed a transparency showing the location of the street to be closed. He stated that this request was submitted by Mr. Hayden Head whose wife owns a large tract of land there. He described the different highways in the area, noting that the new Tuloso-Midway Rand Morgan High School is located very near this tract of land. He pointed out a number of designated streets shown on the ground and stated that the staff has reviewed the request and recommends that a portion of one street at the back of Tuloso-Midway Rand Morgan High School not be closed because it could be needed to provide access in the future. He stated that because Haven Road exists through the middle of the tract, the staff recommends that a portion of Haven Road not be closed and they also recommend the retention of utility easements. Mr. Lontos continued by stating that the tract contains 1,800 acres, and Mr. Head would need to dedicate additional streets and drainage rights-of-way as he develops the land, but in order to provide him with more flexibility in the development, the staff recommends that with the following exceptions, the streets be closed: Haven Road and the road at the rear of Tuloso-Midway Rand Morgan High School and the retention of utility easements. Mr. Head addressed the Council and stated that Haven Road does not really exist but it is just a turning road to extend to the paved portion and the reason that Haven Road was not excluded from the request was that the engineer designing this was of the opinion that it should be changed to two streets instead of just the one Haven Road. He stated that his engineer had submitted the request and he did not know that he had recommended closing Haven Drive and he did not know the City had entered into a contract to construct one-half of the road at the site of the new school. He stated that he would recommend that the entire read be constructed and he would be glad to dedicate the right-of-way for it. He stated that the easements referred to are 20 foot easements and really serve no purpose. He stated that as Mr. Lontos had mentioned, they will be glad to make other street dedications as the land is developed. He stated that he agreed with the exceptions recommended by Mr. Lontos. A motion was made by Mayer Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez and passed unanimously. utes jular Council Meeting September 18, 1984 Page 13 Mr. Lontos stated that the ordinance effecting the closing will be on the agenda next week. * * * * * * * * * * * * * Mayor Jones announced the public hearings on three zoning applications. 25. Application No. C884-6, City of Corpus Christi: for a change of zoning from "R -1B" One -family Dwelling District with "SP" Special Permit to "AB" Professional Office District on Lot 6, Block 8, Koolside Addition, located on the west side of Airline Road, approximately 125' south of the intersection of Airline Rd. and Lum Street. Assistant City Manager Utter informed the Council that in response to the 27 notices of the public hearing, 4 in favor and 2 in opposition had been returned and that both the Planning Commission and Planning Staff recommend approval of "AB" zoning with a special permit for an art studio and interior decorator with a display window and a free standing sign. He stated that the 20% rule is in effect. Mayor Jones ascertained that no one in the audience wished to speak in regard to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Brown and passed unanimously. Council Member Slavik inquired about the letters of opposition and why the 20% rule was in effect. Mr. Utter explained that Feudo's Grocery Store objected to the change of zoning because of the possibility of inadequate parking, but Mr. Utter stated that they do have enough parking for this zoning. He stated that their opposition was enough to invoke the 20% rule because of the amount of land that they own. City Secretary Read polled the Council for their vote on the ordinance and it passed as follows: 25. ORDINANCE NO. 18477 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CITY OF CORPUS CHRISTI CHANGING THE ZONING MAP IN REFERENCE TO LOT 6, BLOCK 8, KOOLSIDE ADDITION FROM "R -1B" ONE -FAMILY DWELLING DISTRICT WITH "SP" SPECIAL PERMIT TO "AB" PROFESSIONAL OFFICE DISTRICT AND BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN ART STUDIO AND INTERIOR DECORATOR WITH A DISPLAY WINDOW AND A FREESTANDING SIGN; AND DECLARING AN EMERGENCY. 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. * * x * * * * * * * * * * utes ,gular Council Meeting September 18, 1984 Page 14 26. Application No. 884-4, Circulo Social Mexicano: for a change of zoning from "A-2" Apartment House District to "B-4" General Business District on Lots 9 and 10, Block 12, Central Wharf and Warehouse located on the northeast corner of Laredo and King Streets. Mr. Utter stated that in response to the notices of the public hearing, four in favor and one in opposition had been returned. He informed the Council that both the Planning Commission and Planning Staff recommend approval of "AB" zoning instead of "B-4" zoning. Mayor Jones inquired if the applicant was agreeable to the "AB" zoning. Mr. Sam Allen addressed the Council and stated that although he does not represent the applicant, he does represent the seller of the property and it was his understanding that the "AB" zoning would be acceptable for the planned use. Mr. Wenger located the area on the zoning and land use map and displayed slides of the area. No one spoke in opposition to this zoning application. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 26. ORDINANCE NO. 18477 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CIRCULO SOCIAL MEXICANO, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 9 AND 10, BLOCK 12, CENTRAL WHARF AND WAREHOUSE, FROM "A-2" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. 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. * • * * * * * * * * * * * 27. Application No. 884-1, Mr. R. C. Allen: for a change of zoning from "A-2" Apartment House District and "R-2" Multiple Dwelling District to "B-4" General Business District on Tract 1 and from "R-2" Multiple Dwelling District to "A-2" Apartment House District on Tract 2 being 7.806'_ acres out of Anchor Harbor Tract No. 1, located on the north side of S. Padre Island Drive, approximately 250' west of Paul Jones Avenue. Assistant City Manager Utter informed the Council that in response to the 46 notices of the public hearing, three in favor and seven in opposition had been returned. He stated that in addition a petition containing 42 signatures, 14 of which were from property owners within the 200 foot notification area, had been submitted. lutes .gular Council Meeting September 18, 1984 Page 15 He stated that the Planning Commission and Planning Staff recommend approval of the "B-4" zoning on Tract 1, and denial of "A-2" zoning on Tract 2. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area, in which is located Anchor Harbor Subdivision, and showed slides of the vicinity. He reviewed the previous zoning application on this same property and stated that the "R-2" zoning was approved to provide a buffer between the more intense zoning and the "R -1B" zoning of the adjacent subdivision. He pointed out that the applicant could construct 151 units on Tract 1 if it is rezoned to "8-4" and if Tract 2, currently zoned "R-2" which would allow 52 units, is rezoned to "A-2" it would allow 131 units, an increase of 79 units. Council Member Slavik stated that she agreed that Tract 2 should remain zoned "R-2" but inquired if there were any objections to "B-4" zoning on Tract 1. Mr. Wenger stated that there were not, because the objections were from residents in the "R -1B" zoned property who were opposed to the "A-2" zoning. He explained that the objection was because of the density directly across from their backyards which are adjacent to Tract 2. Mr. Clark Flato, 1668 S. Staples, representing the applicant, stated that they are aware of the concerns of the residents of the adjacent subdivision. He explained that the proposed development on Tract 2 would have ingress and egress from S. Padre Island Drive which would not generate any traffic through the subdivision. He pointed out that since this is a long strip of land, it does not lend itself to efficient utilization of the property with "R-2" zoning. He pointed out that if the "A-2" zoning is approved for Tract 2, it would not be unusual for apartments to abut the rear of single family residences and he assured the Council that there would be no traffic to the neighborhood area. Mr. Flato also pointed out that "R-2" zoning would permit a building up to three -stories with 5 foot setbacks from side and rear. He also pointed out that the property across from this land is a mobile home subdivision. Council Member Guerrero inquired as to why they need "A-2" zoning on that long strip of land, and Mr. Flato replied that they need to be able to lay out the subdivision in an orderly manner and the "A-2" zoning would allow them to use the entire property for the same use. Council Member Guerrero stated that in his opinion, it seems more reasonable to have it all zoned "A-2". Mr. Robert Shaw, 1226 Harbor Village, explained to the Council that the "R-2" zoning that is in existence now on this tract was approved in December of 1982 and was the result of a compromise reached at that time. He stated that everybody in Harbor Village is opposed to this change of zoning. Mr. Utter pointed out that if the developer is concerned about the configuration of the buildings he plans for this property, the Council might wish to consider a special permit for 30 units per acre and prohibiting the three-story buildings adjacent to Harbor Village. He pointed out that this rotes :gular Council Meeting September 18, 1984 Page 16 would allow more flexibility for the developer. Mr. Utter also noted that in both "R-2" zoning and "A-2" zoning, three-story structures can be constructed. He stated that he would suggest that the Council might wish to consider a special permit to allow 30 units per acre with a provision that no buildings of more than two -stories could be constructed. *Council Member Kennedy arrived at the meeting at 4:15 p.m. Mr. Shaw stated that he still would prefer that the property be zoned "R-2" and suggested that Mr. Allen might wish to meet with the neighbors to work something out that would be agreeable to both parties. No one else spoke in regard to this zoning application. A motion was made by Council Member Guerrero that the hearing be closed, seconded by Council Member Brown and passed unanimously. Council Member McComb referred to Mr. Flato's comment earlier to the effect that the zoning is satisfactory and that the difficulty they have encountered is in laying out the plan, and Mr. Flato confirmed that, stating that they do not really want more density. Council Member McComb inquired if there is any prohibition in buildings overhanging into another zoning category, and Mr. Wenger stated that the building could extend into other zoning. A motion was made by Council Member Guerrero that the zoning of "B-4" be approved for Tract 1, but that the requested "A-2" zoning for Tract 2 be denied, but in lieu thereof that a special permit be approved specifying that the density will not exceed 30 units per acre and that there will be no three-story buildings constructed in the area that is adjacent to Harbor Village Subdivision and that the special permit be approved subject to submission of an approved site plan. The motion was seconded by Mayor Pro Tem Turner and passed unanimously. City Secretary Read informed the Council that he had the ordinance before him to grant the "5-4" zoning on Tract 1; he polled the Council for their votes and the following ordinance was passed: 27. ORDINANCE NO. 18479 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF R. C ALLEN BY CHANGING THE ZONING MAP IN REFERENCE TRACT 1 OUT OF ANCHOR HARBOR TRACT NO. 1, FROM "A-2" APARTMENT HOUSE DISTRICT AND "R-2" MULTIPLE DWELLING 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, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye". * * * * * * * * * * * * * lutes _�gular Council Meeting September 18, 1984 Page 17 Mayor Jones called for the City Manager's Report. City Manager Martin stated that next week the Council was scheduled to have a luncheon meeting with the Museum Advisory Board and informed the Council that it was his understanding that Mr. Cecil Burney plans to ask that the Council postpone this meeting in order to allow the Board to prepare additional information. Mayor Jones stated that he had received by telephone an invitation from Seaside Memorial Cemetery inviting the City Council to attend a ribbon cutting ceremony to open the cemetery's new desalinization plant at 11:00 a.m. Thursday, September 19, 1984. Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. John Stensland, member of the Marina Board, stated that he understood that the Council took some action pertaining to the revenues from the Wayward Lady. He stated that at the Marina Board meeting, they had discussed the possibility of addressing the Council in regard to the barge dock and seawall improvements from that source of funds, since revenue for the Marina was substantially reduced. He suggested that perhaps there should be some type of overview for the Marina Board so that they will know what to expect in the way of revenues because they were under the impression that they would be able to discuss with the Council the expenditure of funds. He suggested that possibly a Bayfront Commission would solve the entire problem. He stated that they would like to know what the City Council expects them to do. Mayor Jones asked Mr. Stensland if he was speaking on behalf of the Marina Board, and Mr. Stensland stated that he was not designated as a representative for the Marina Board but was speaking only as a member of the Board. There being no further business to come before the Council, on motion by Council Member Guerrero, seconded by Council Member Slavik and passed unanimously, the Regular Council Meeting was adjourned at 4:30 p.m., September 18, 1984. DZ/tb