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HomeMy WebLinkAboutMinutes City Council - 10/02/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 2, 1984 2:00 P.M. PRESENT: Mayor Luther Jones *** Mayor Pro Tem Betty N. Turner Council Members: David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik City Manager Edward A. Martin Ass't. City Attorney Jay Doegey City Secretary Bill G. Read Mayor Pro Tem Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Welder Brown 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 David Berlanga. 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 Berlanga that the Minutes of the Regular Council Meeting of September 25, 1984 be approved as presented; seconded by Council Member Frank Mendez; and passed unanimously. Mayor Pro Tem Turner called attention to a proclamation that had been issued designating October, 1984 as "LEARNING DISABILITIES MONTH". Minutes Regular Council Meeting October 2, 1984 Page 2 Mayor Pro Tem Turner announced the bid opening on the following engineering project: 1. City Hall Site Demolition Project: This project provides for the removal of essentially all buildings in the four block City Hall site including the removal of fences, retaining walls, some underground foundation work, and surface parking areas. Assistant City Manager James K. Lontos opened bids on this project from the following companies: Baker Agricultural Company; R. L. Brown Construction Company; C. S. Ehinger; J. D. Construction, Incorporated; Jones Demolition, Incorporated, submitting their bid under the name of Sunbelt Construction & Demolition Corporation; M & M Contracting of Texas, Inc.; J. R. Ramon & Sons, Inc.; H. S. Sizemore & Sons; Southwest-Rathgeber Company; and BUI Construction and Building Supply Company. Mr. Lontos pointed out to the City Council that the bid submitted by Gilbert Ortiz of Portland, Texas was incomplete and the base bid amount was not indicated. City Secretary Read explained that Jones Demolition Company had called his office to request that their bid be modified but they were informed that this could not be done according to the standards specifications. Mr. Read also informed the Council that a bid had been submitted late, at 2:05 p.m., in his office by Landgrebe Demolition and Construction Company. A motion was made by Council Member Mary Pat Slavik that the late bid be returned unopened; seconded by Council Member Brown; and passed unanimously. Mr. Lontos verified that the required bid security bond or check had been submitted with each bid and that all of the bidders had acknowledged receipt of Addendum #1 with the exception of Baker Agricultural Company. Mayor Pro Tem Turner introduced former Mayor Ronnie Sizemore who was present in the audience. Mayor Pro Tem Turner stated that the bids would be tabled for 24 hours according to Charter requirements and referred to the Staff for tabulation and recommendation. * * * * * * * * * Mayor Pro Tem Turner called for consideration of the Consent Motions on the following items: 1. Bids be received October 24, 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 approximately 40,000 lbs. of coal tar enamel, 110 gals. of primer, and 40 rolls of pipeline felt, to be used by the Gas Division. Estimated expenditure is $12,600. utes alar Council Meeting ber 2, 1984 3 2. Bids be received October 31, 1984, for one three -wheel motor vehicle for Traffic Engineering Department, to be used for parking control activities. This item is included in the 1984-85 Capital Outlay Budget. Estimated expenditure is $9,000. 3. Approving 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 10,000 ft. of ductile iron pipe, size 4"-24" and 30"-48"; 51,925 ft. of asbestos concrete pipe, size 6"-16" with accessories; and 10,000 ft. of poly vinyl chloride pipe to the following companies based on low bids: American Cast Iron Pipe Dallas, Tx Ductile Iron Pipe Size 4"-24" & 30"-48" (Lots 1 & 2) $151,820.00 GRAND TOTAL: McAllen Pipe & Supply Co. Corpus Christi, Tx Asbestos Concrete Pipe & Accessories (Lot 3) $171,382.36 $347,602.36 Corpus Christi Pipe & Supply Corpus Christi, Tx Poly Vinyl Chloride Pipe (Lot 4) $24,400.00 Ten bid invitations were issued, five bids were received. Prices increased an average of approximately 7.9% on the ductile iron pipe, on asbestos cement pipe with accessories, and remained the same on vinyl chloride pipe from last contract of May, 1983. have 1.1% poly 4. Approving the recommendation of the Bay Drilling Committee that a drilling permit be granted to the Gulfstream Condominium Council of Co -Owners Incorporated for a 700 ft. deep water well to be located in the southwest corner of the Gulfstream Condominium parking lot. The well location is 212 ft. from the condominium and 25 ft. from Windward Drive. The application requests exceptions to the City Code Oil and Gas Chapter bonding requirement, pollution insurance requirement, requirement for a minimum 400 ft. distance between wells and structures designed for human occupancy, and the requirement for a minimum distance of 50 ft. between wells and streets. 5. The Lighting and Electrical Renovations project at the Ben Garza Park softball field be accepted and final payment of $3,229.54 be authorized to Fairbairn Electric, Inc. It is further recommended that the contractor be granted a 20 day time extension due to delays in the delivery of materials. The total cost of this 9th Year Community Development Block Grant project was $32,295.40. 6. A public hearing be held on October 22, 1984 by the Director of Planning in the Committee Room, City Hall, at 8:30 a.m., and a second public hearing be held on October 23, 1984 by the City Council on the contractual annexation of a 27.052 acre tract of land out of Lots 15 and 16, Section 6, Flour Bluff Encinal Farm and Garden Tracts, owned by Tristar Development, Inc., generally located on the northeast corner of Yorktown Boulevard and Everhart Road. Minutes Regular Council Meeting October 2, 1984 Page 4 7. Setting a public hearing for October 16, 1984 to consider a request from Mr. Mark P. Bratton to change the name of Apricot Drive to Lipes Avenue in honor of Mr. Wheeler B. Lipes, Administrator of Memorial Medical Center. This street extends eastward from Rivergate Drive to Cimarron Boulevard and will run in front of the new Memorial Medical Center South. There are no businesses, residences or addresses on this street, and all affected City Departments and the U. S. Post Office concur with the request. Council Member Mendez referred to item 4 and inquired about the proposed depth of the water well. City Manager Martin explained that the 700 -foot depth is no problem because it just requires a permit if the well is deeper than 350 feet. Mr. James Conn, Petroleum Inspector, explained that the water wells are governed by the same ordinance as oil and gas wells. He stated that the minimum distance required from other structures designed for human occupancy are necessary for oil wells but there is no problem for water wells and he recommended approval of this item. Mayor Pro Tem Turner referred to item 5 and inquired about the 18% minority business enterprise requirement and questioned how this percentage was established. Mr. Lontos explained that the Staff makes that determination on each project. Mayor Pro Tem Turner referred to item 7 and inquired if the City has any guidelines on renaming streets and City Manager Martin explained that the only requirement is that it not be a duplicate of a street already in existence. Mayor Pro Tem Turner ascertained that no one in the audience wished to speak on the Consent Motions. A motion was made by Council Member Berlanga that Consent Motions 1 through 7 be approved; seconded by Council Member Guerrero; and passed by the following vote: Turner, Berlanga, Brown, Guerrero, Mendez and Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent at the time the vote was taken". Mayor Pro Tem Turner called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 8 through 17. City Manager Martin informed the Council that he would like to make one change in item 9 to change the date of the public hearing from October 30th to November 13, 1984. rtes lar Council Meeting >er 2, 1984 2 _,e 5 Council Member Slavik stated that she had requested a report on the number of acres that the City has annexed during the current year and pointed out that the land being annexed in item 14 is 488.11 acres which is more than one-half of all the other annexations. Mayor Pro Tem Turner determined that no one in the audience wished to speak on the Consent Ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 8. ORDINANCE NO. 18488: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: George Evans School Area, Phase II 1. Howard and Mestina Streets, from Sam Rankin Street to Brownlee Boulevard, 2. Sam Rankin Street, from Caldwell Street to Comanche Street, and 3. Josephine and Mexico Streets, from Caldwell Street to I.H. 37 Access Road (Antelope Street); AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Mendez and Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent at the time the vote was taken". 9. ORDINANCE NO. 18489: APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: George Evans School Area, Phase II 1. Howard and Mestina Streets, from Sam Rankin Street to Brownlee Boulevard, 2. Sam Rankin Street, from Caldwell Street to Comanche Street, and 3. Josephine and Mexico Streets, from Caldwell Street to I.H. 37 Access Road (Antelope Street); DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL FOR NOVEMBER 13, 1984 AT 7:00 P.M., IN THE GEORGE EVANS ELEMENTARY SCHOOL CAFETERIA, 1315 COMANCHE STREET: AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting October 2, 1984 Page 6 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Mendez and Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent at the time the vote was taken". 10. ORDINANCE NO. 18490: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ENVIRONMENTAL DISCIPLINES, INC. PROVIDING FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF THE PARKER PARK RECREATION CENTER AND PARKING IMPROVEMENTS; APPROPRIATING $16,500; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Mendez and Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent at the time the vote was taken". 11. ORDINANCE NO. 18491: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 24 AND 25 IN CONNECTION WITH THE PURDUE ROAD STREET IMPROVEMENTS, PHASE II PROJECT; APPROPRIATING $1,350; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Mendez and Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent at the time the vote was taken". 12. ORDINANCE NO. 18492: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HENRY TUCKER, PROVIDING FOR CITY PARTICIPATION IN DEVELOPMENT OF A PORTION OF THE LAKES UNIT 4 FOR CERTAIN IMPROVEMENTS INCLUDING PARK PAVING ON OSO PARKWAY; APPROPRIATING $93,537.22; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Mendez and Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent at the time the vote was taken". 13. SECOND READING: CLOSING AND ABANDONING THE 20 FOOT WIDE STREET RIGHT-OF-WAYS IN LOTS 2, 3, 6, 7, 10, 11, 13-20, 22, 23, 26, 27, 29-32, 33-36, 38, 39, 42, 43, 46, 47, 49-51, 54-59, 61-80, 84, AND 92, ARTEMUS R. ROBERTS SUBDIVISION; PROVIDING FOR THE REPLAT OF SAID PROPERTY. ites alar Council Meeting per 2, 1984 1 -“ye 7 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Turner, Berlanga, Brown, Guerrero, Mendez and Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent at the time the vote was taken". 14. SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI LAND VENTURE ASSOCIATES FOR THE ANNEXATION OF APPROXIMATELY 488.11 ACRES OF LAND BEING A PORTION OUT OF LOTS 20 THRU 23, 26 THRU 32 AND ALL OF LOTS 24 AND 25, SECTION 10, PORTIONS OUT OF LOTS 1, 4 THRU 7, 16 THRU 20, ALL OF LOTS 2, 3, 8 THRU 15, FRACTIONAL SECTION 9, A PORTION OF LOT 1, FRACTIONAL SECTION 8, AND LOTS 25 THRU 32, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS, BEING PLATTED AS KING'S CROSSING UNIT I; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Turner, Berlanga, Brown, Guerrero, Mendez and Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent at the time the vote was taken". 15. THIRD READING - ORDINANCE NO. 18493: 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 third time and passed by the following vote: Turner, Berlanga, Brown, Guerrero, Mendez and Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent at the time the vote was taken". 16. THIRD READING - ORDINANCE NO. 18494: AMENDING CHAPTER 49 "STREETS AND SIDEWALKS" OF THE CITY CODE TO REQUIRE MONTHLY GROSS RECEIPTS REPORTS AND STREET RENTALS OF 4%. The foregoing ordinance was read for the third time and passed by the following vote: Turner, Berlanga, Brown, Guerrero, Mendez and Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent at the time the vote was taken". 17. THIRD READING - ORDINANCE NO. 18495: AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH MIKE F. HELTZEL AND CARROLL A. HELTZEL FOR THE CLEM'S MARINA BAITSTAND ON THE KENNEDY CAUSEWAY WHICH DELETES THE REQUIREMENT FOR PROVISION OF BOAT REFUELING FACILITIES PRIOR TO SEPTEMBER 1, 1984. Minutes Regular Council Meeting October 2, 1984 Page 8 The foregoing ordinance was read for the third time and passed by the following votes Turner, Berlanga, Brown, Guerrero, Mendez and Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent at the time the vote was taken". * * * * * * * * Mayor Pro Tem Turner called for consideration of Action by Motion on the following item from the Regular Agenda: 18. The Retta Drive Sanitary Sewer Extension project be accepted providing for the following actions: a. The contractor be charged liquidated damages for 96 days at the rate of $55 per day for a total of $5,280. b. Remaining funds of $14,128.87 be authorized to the contractor, DeBer, Inc. Total cost of this work is $49,999.90, which provided for the installation of approximately 1,400 linear feet of sanitary sewer in Retta Drive between Montreal and Glenoak Drive. Mayor Pro Tem Turner ascertained that no one in the audience wished to speak on this item. Mr. Lontos stated that this represented a compromise that had been worked out with the contractor. A motion was made by Council Member Slavik that item 18 be approved, seconded by Council Member Brown and passed by the following vote: Turner, Berlanga, Brown, Guerrero, Mendez and Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent at the time the vote was taken". Mayor Pro Tem Turner announced the public hearing on the following: Closure request of the 20 foot wide dedicated but unimproved alleys in Block 20, Calallen Townsite. Assistant City Manager Lontos located the area on a map and pointed out the various alleys that are unimproved. He stated that the owner plans the development and has requested the closing of a portion of the alley; the Staff recommends closing the alleys in the entire block because there are no utilities located there. He explained that the new policy on street and alley closings does not authorize a charge for alley closings. Utes ular Council Meeting ber 2, 1984 e 9 Council Member Berlanga inquired if the Planning Commission had discussed the ordinance as the Council requested, and Council Member Mendez pointed out that the Council had requested that the Planning Commission study the question of whether paper streets should involve a charge. Council Member Berlanga inquired if there was any expense to the City in closing these alleys, and Mr. Lontos replied that there is not and sometimes it is to the City's advantage to have unused alleys closed. No one spoke in opposition to this request. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Slavik and passed unanimously by those present and voting. City Secretary Read stated that the first reading of the ordinance will be on the agenda next week. * * * * * * * * Mayor Pro Tem Turner announced the public hearing on the following item: 20. CENTRAL POWER & LIGHT NEW RATE amendment to existing tariff schedule to provide for a new rate for high pressure sodium vapor street lighting of 5,800 lumen. Council Member Berlanga inquired if the City plans to replace all of the existing lights with this type of street light, and City Manager Martin stated that they do not plan to replace all of them. He pointed out that this is a public hearing; it is an application from Central Power & Light Company; and suggested that they be allowed to make remarks before the public is invited to speak. He informed the Council that there were no representatives from Central Power & Light present at this time but they were on their way to the Council Chamber. He stated that the City had initiated this request. Assistant City Attorney Jay Doegey explained that technically, this is a hearing that is required because the City Council has jurisdiction over the rates established by CP&L and the public hearing is required because there are no rates listed in their tariff schedule for the high pressure sodium vapor street lighting. City Manager Martin stated that he thought that the expense would actually be less for this type of street lighting. Mr. Doegey pointed out that Central Power & Light Company did not have a rate established for this type of lighting and this change is to make the rates lower. Minutes Regular Council Meeting October 2, 1984 Page 10 City Manager Martin reiterated that there is no plan to install these all over the City but they can be installed in the Community Development Block Grant areas through that funding source. Mr. Tom Curlee, representative of Central Power & Light Company, stated that the company appreciates having the opportunity to work with the City to provide better lights at a lower cost. Mayor Pro Tem Turner inquired as to how the lights will be changed, and Mr. Curlee explained that they have plans with the Engineering Department to install these and the estimated cost is 5100 to $125 per light. Council Member Brown asked for an explanation of the statement that the rates will be available only for political subdivisions. Mr. Martin explained that this refers to a governmental entity such as Cities, Counties, Schools, etc. Council Member Guerrero inquired about the anticipated date that the City will receive the proposal because there are many areas in the Block Grant Program that need the lighting very badly. Council Member Slavik inquired about other areas of the City and how the lights could be installed there. City Manager Martin replied that all of the lights could be changed in the future through a bond program or theiCouncil could set aside funds each year to replace a certain number. No one spoke in opposition to this request. A motion was made by Council Member Brown that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. City Secretary Read polled the Council for their votes on the first reading of the ordinance effecting the new rate and it passed as follows: 20. FIRST READING: AUTHORIZING AN AMENDMENT TO CENTRAL POWER AND LIGHT COMPANY'S EXISTING TARIFF SCHEDULE TO PROVIDE A NEW RATE FOR HIGH PRESSURE SODIUM VAPOR STREET LIGHTING OF 5800 LUMEN. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Turner, Berlanga, Brown Guerrero, Mendez and Slavik voting, "Aye"; Jones, Kennedy and McComb, "absent at the time the vote was taken". utes filar Council Meeting ber 2, 1984 . _,e 11 * * * * * * * * Mayor Pro Tem Turner noted that the zoning cases are scheduled for 3:00 p.m. and cannot be heard before that time. She then called for the City Manager's Report. City Manager Martin stated that he did have a report on surcharges for water but it is not ready at this time and he preferred to make that a little later during the meeting. City Manager Martin announced to the Council that Director of Personnel Chuck Speed has resigned his position and plans to move to Amarillo, Texas to assume a similar position with that City. Council Member Brown inquired about the reason for Mr. Speed's resignation and asked if he was dissatisfied with his position in Corpus Christi. City Manager Martin explained that Mr. Speed wants to return to Amarillo, Texas which is his home. * Council Member Guerrero referred to the situation he had reported the preceding week in regard to the need for a traffic signalization installation at the intersection of Sokol and Kostoryz. Council Member Guerrero then made a motion that a traffic signal light be installed at the intersection of Sokol and Kostoryz utilizing used equipment. The motion was seconded by Council Member Berlanga and passed by the following vote: Berlanga, Brown, Guerrero, Mendez and Slavik voting, "Aye"; Turner, not voting; Jones, Kennedy and McComb, absent at the time the vote was taken. Mayor Pro on matters not A motion meeting until unanimously by * * * * * * * * Tem Turner called for petitions or information from the audience scheduled on the agenda, and there was no response. was made by Council Member Mendez that the Council recess the 3:00 p.m., seconded by Council Member Guerrero and passed those present and voting at 2:45 p.m. * * * * * * * * * Mayor Pro Tem Turner reconvened the meeting at 3:00 p.m. and announced the public hearings on two zoning cases. * Mayor Pro Tem Turner then questioned the action taken before the recess regarding the installation of signal lights and requested Assistant City Attorney Doegey to give the Council a legal opinion. Minutes Regular Council Meeting October 2, 1984 Page 12 Mr. Doegey referred to the motion made during the meeting to direct the Staff to install a traffic light and stated that the action was improper because the matter was not listed on the agenda. He suggested that the proper way to handle that would be to ask the Staff to place it on the agenda next week for consideration. A motion was made by Council Member Slavik that an item be placed on the agenda to consider the installation of a traffic signal light at the intersection of Sokol and Kostoryz, seconded by Council Member Guerrero and passed unanimously by those present and voting. 21. Application No. 884-13, Intracoastal Marina, Inc.: for a change of zoning from "R-18" One -family Dwelling District and "B-2" Bayfront Business District to "B-6" Primary Business Core District on Tract AR, Tyler Subdivision and a 5.91± acre area out of State Tract No. 24 in the Laguna Madre located on the east side of Wyndale Drive, between Laguna Shores Road and Spring Lane. Assistant City Manager Tom Utter explained to the Council that "B-6" zoning is Primary Business Core District zoning and it is zoning that has no parking requirements. He informed the Council that in response to the twenty-four notices of the public hearing, one in favor and six in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend denial of the "B-6" zoning but in lieu thereof, that "B-2" zoning be granted on that portion now zoned "R -1B". He informed the Council Members that the Staff has discussed with the applicant and he has agreed to the "B-2" zoning. 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 applicant has a permit from the State Land Office for expansion of the Marina in that area. Council Member Berlanga inquired if a boat repair operation had not been conducted at that location under the "B-1" zoning as non -conforming use and Mr. Wenger explained that that is possible because there are some boat slips there now. He explained that some dredging will be required and he felt that the area will be improved with additional boat slips. Council Member Slavik inquired about the letters of opposition that had been received and the reasons for the opposition. Mr. Utter explained that one letter stated that "B-6" zoning is not in order because he felt that the owner only wants variance of the setback rules. He stated that another letter indicated that they were opposed to it because they did not know what it was going to be used for; depreciation of the value of the land destroying the neighborhood concept; and similar reasons. He explained that basically, the applicant just wants to increase the number of boat slips on this land that he has leased from the State. tte s lar Council Meeting ier 2, 1984 Paye 13 Council Member Slavik inquired about the number of slips that will be constructed, and Mr. Utter stated that they do not know that yet. Mayor Pro Tem Turner called for comments from the audience and there was no response. A motion was made by Council Member Brown that the hearing be closed, seconded by Council Member Slavik and passed unanimously by those present and voting. City Secretary Read polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 21. ORDINANCE NO. 18496: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF INTRACOASTAL MARINA, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LAND OUT OF STATE TRACT NO. 24, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-2" BAYFRONT BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Mendez and Slavik voting, "Aye"; Jones, Guerrero, Kennedy and McComb, absent at the time the vote was taken. 22. Application No. 884-10, Mr. Harold Kronke: for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on a tract of land being a 13.6± acre tract out of Survey 422, Pedro Hinojosa, Abstract A-850, Nueces County, Texas located on the south side of Inter- state Highway 37, at the southeast corner of I.H. 37 and Carbon Plant Road. Assistant City Manager Utter informed the Council that in response to the nineteen notices of the public hearing, none in favor and fifteen in opposition had been returned and in addition, eighty-three letters in opposition were returned from property owners outside the area of notification. He stated that the fifteen letters received in opposition do constitute the 20% rule which will require seven affirmative votes of the Council to approve the ordinance. Council Member Mendez stated that he had a question at this point since there are only six Council Members present. He questioned whether the case should be heard and a decision made before all of the Council Members are present. Mr. Utter explained that a decision could be made to call for the ordinance which would not be on the agenda until next week. Mr. Utter explained that because the hearing has been advertised and notices have been mailed, the Council is required to open the hearing because it is a duly authorized hearing. He stated that the Council then has the option of hearing the case, tabling it, recessing it, etc. Minutes Regular Council Meeting October 2, 1984 Page 14 Mr. Utter explained that the Planning Commission recommends denial and the Planning Staff recommends denial but in lieu thereof, that "R-2" zoning be granted which would allow fourteen units per acre on the land. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area which is primarily single-family residential and showed slides of the vicinity. He pointed out that there is no access road from this area to the freeway which extends along the side of the property. He pointed out that the only access would be from Up River Road or Carbon Plant Road. Council Member Brown noted that the property is completely overgrown with weeds and he felt that the land should be developed. Mr. Utter pointed out that this property is relatively narrow and the only access would be off Up River Road or Carbon Plant Road and the Staff does not feel that that property should be developed for business zoning or for dense apartment development and that is the reason they recommend "R-2" which would allow the property to be developed but would not put a burden on either of the roads. Council Member Berlanga stated that he did not think anyone would want to develop the property for residential use since it is that close to the freeway. He stated that he sympathizes with the neighbors who are opposed to it because of the extra traffic that will be generated but suggested that the applicant might consider an exit on Carbon Plant Road only. He expressed the opinion that "R-2" zoning would be the best use of the property. Council Member Guerrero agreed that this tract of land could not be developed for residential use, but with an exit to Carbon Plant Road, he inquired if some of the property could be used for "B-4" zoning. Mr. Utter explained that "B-4" zoning has two problems and one had to do with the front and the other, the back. He stated that not many people would want to reside at the rear of "B-4" zoning and the front of the area requested for zoning for "B-4" generates a lot of traffic. He again pointed out that this piece of property is very narrow and to establish businesses on this tract would interfere with the traffic in the subdivision that is adjacent to it. Council Member Guerrero stated that he would like to suggest that typical neighborhood type businesses on the portion of the property near Carbon Plant Road might be considered. Mr. Utter agreed that that would not be too objectionable if a special permit with certain stipulations in regard to green planted areas and limiting access to Carbon Plant Road would be included in the ordinance. Council Member Guerrero agreed that he felt that that would be acceptable. ites lar Council Meeting ober 2, 1984 Page 15 Council Member Slavik referred to the Planning Commission Meeting and inquired as to why they recommended derLial when the Staff recommended "R-2" zoning. Mr. Wenger explained that he was not sure why they voted the way they did but there were many people there who had strong objections to this change of zoning. Mr. Utter stated that most of the letters indicated concern about additional traffic, devaluation of their property, etc. Mayor Pro Tem Turner called on the applicant to speak at this time. Mr. Rick Rogers, Attorney representing the applicant, Mr. Harold Kronke, stated that he was not the attorney involved in the procedure before the Planning Commission. He stated that basically what they have done is devise a plan that they hope will be satisfactory. He pointed out that the freeway presents a problem for this particular tract for residential development. He pointed out that in December of 1980, an ordinance was passed designating the land on the other side of the freeway for industrial use. He also pointed out that "B-4" zoning has been approved on property to the northwest of this tract and it is very unlikely that this tract would ever be developed for single-family dwellings. He stated that his client now agrees that "8-4" zoning is not correct zoning and they would like to request that the 3.5 acre tract of land to the northwest near Carbon Plant Road be zoned "B-1" to serve the neighborhood and they would agree to a special permit for this 3.5 acre tract for an out-patient emergency center. He assured the Council that the traffic would be routed to Carbon Plant Road rather than Up River Road. He stated that they would like for the remainder of the property to be zoned "A-2" for multi -family dwelling units. He stated that he did believe that the adjacent property owners would be adversely affected because of the plans that they have for the property. He pointed out that there is no road from this tract to Leopard Street through the adjacent subdivision. A voice in the audience stated that that is wrong because there is a road that extends from this tract to Leopard Street. Council Member Guerrero pointed out that access to Carbon Plant Road could be provided, and Mr. Utter stated that "R-2" zoning would not generate enough traffic to require that the traffic exit on Carbon Plant Road. Council Member Brown inquired of Mr. Rogers if they would be satisfied with "R-2" zoning on the eastern portion of the tract, and Mr. Rogers stated that they really preferred "B-1" zoning on the 3.5 acre portion of the tract and "A-2" on the remainder but if the Council is inclined to approve "B-1" and "R-2" zoning, they would accept that. Minutes Regular Council Meeting October 2, 1984 Page 16 Mr. Wenger explained that the 10 -acre tract proposed to be zoned for "R-2" or "A-1" would contain the following number of units: "R-2" - 142 units; "A-2" - 217 units; "B-4" - 362 units. Mayor Pro Tem Turner called on those in opposition to speak at this time. Mr. W. E. Webb, 825 Wildwood, stated that he objected to allowing the residents of the subject tract to exit onto Wildwood Drive. He, stated that there is a difficult elevation on the tract that would prohibit access to IH 37 and if the requested zoning is approved, the traffic would be greatly increased on Up River Road. Mr. Robert Hays, 9850 Redbud, located his property on the map and pointed out that as everyone has said, this land strip is very narrow and difficult to develop. He also pointed out that there is no access to the freeway from Carbon Plant Road and the fact that they requested that this be designated for business use is not very practical because of the long distance from Up River Road to the freeway. He stated that everyone agrees that the land should be developed but they do not want a large number of units on this tract of land. Mr. Utter explained that the City can specify the number of units allowed through a special permit. Mr. A. B. Cross, 317 Wildwood, pointed out that Carbon Plant Road only leads to the City dump and is really not adequate for an access road. He expressed the opinion that there is, no reason to oppose the requested zoning. He also noted that there are two through streets in the area, Rand Morgan Road and McKinzie Road and there are many businesses on this street. He explained that this street is not straight but is very difficult for cars to maneuver. He stated that he did object to the number of units that would be allowed under the requested zoning. Mr. Gene Tackett, 218 Wagon Wheel Road, referred to the question raised earlier as to the reason the Planning Commission recommended denial of this zoning. Mr. Tackett expressed the opinion that the reason the Planning Commission recommended denial was because the owners appeared before them with no plans for development. He also pointed out that the comment was made that Mr. Kronke would accept any zoning that he could obtain. He pointed out that the request was made just to increase the property value for resale and he was of the opinion that the request should be denied because it is inappropriate to grant zoning just to increase the value of property. He reminded the Council that the group of citizens opposed to the request are attempting to protect their property. He stated that he is working on a petition for paving improvements for the Rolling Acres II Subdivision and they would like for the Council to help them build up their community and improve it and he expressed the opinion that the multi -family units could be pre -fab which would be very unsatisfactory. He also referred to a drainage problem that would occur if this property is developed because Turkey Creek overflows onto Up River Road during heavy rains. He pointed out that the approval of this zoning would ular Council Meeting ter 2, 1984 17 further aggravate that drainage problem. Mr. Tackett also pointed out that Carbon Plant Road is only 24 feet wide and is not a collector type of street suitable for business zoning. He reminded the Council that Mr. Kronke did not appear before them with an "R-2" zoning request; they do not have a plan for "R-2" development; and he thought that this request should be denied until someone has a plan for "R-2" development. Mayor Pro Tem Turner assured Mr. Tackett and others in opposition that the Council is interested in protecting this residential neighborhood and she would not even consider approving "B-4" zoning but when one examines the tract of land, it is difficult to see how it could be developed for single-family lots because of the shape of the property. She expressed the opinion that "R-2" zoning would be good zoning for this tract and will not be too detrimental to the single-family subdivision. * Council Member Charles Kennedy arrived at the meeting at 3:59 p.m. Mr. Utter stated that the Staff could not provide an answer to the drainage problem mentioned by Mr. Tackett even though everyone realizes that there is a drainage problem associated with Turkey Creek and he also admitted that if this property is developed, there will be additional runoffs but he did not think it would be a significant amount. Discussion followed in regard to the drainage problem. Council Member Mendez inquired of Mr. Tackett if he would object to the special permit if the applicant presented a site plan that would be acceptable to the residents in the area. Mr. Tackett stated that if the Council approves the suggested zoning, there would be no method of handling the traffic because he felt sure that the residents would cut through the residential subdivision to gain access to Leopard Street. He reminded the Council that they have stated many times that business zoning should be located on collector streets and he concurred with that opinion. ** Council Member Joe McComb arrived at the meeting at 4:05 p.m. Mr. Tackett suggested that this tract of land could be developed by a good architect or a good designer but he objected to the lack of planning on the part of the applicant. Mr. Joe Berry stated that he is speaking on behalf of his mother-in-law who lives in the area. He expressed concern about the children's safety because there are no sidewalks and the children do have a tendency to go into the street. He stated that additional apartment units will further increase the traffic and present more of a danger. He presented to the Council an aerial map which shows that access is provided through Rolling Acres Subdivision to Leopard Street. Minutes Regular Council Meeting October 2, 1984 Page 18 Mayor Pro Tem Turner asked for a show of hands of members of the audience who are opposed to this zoning and approximately twenty people responded. An unidentified lady from the audience stated that her home is located on Up River Road which is a dangerous street because of the rolling, winding character of the street. She also noted that there are no sidewalks and it is dangerous for children. 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 by those present and voting. Mayor Pro Tem Turner noted that eight members of the City Council were present and asked those who had arrived late if they wanted a further explanation of this zoning case. Mr. Rogers spoke again and stated that the question had been asked as to why they had no specific plans. He stated that it is very difficult to prepare plans until the applicant knows exactly what zoning is going to be established. He then presented an artist' -rendition of the plans for the tract and assured the Council that they do not plan to build a project that is substandard. Other members of the audience indicated that they wished to speak. A motion was made by Council Member Mendez that the hearing be reopened, seconded by Council Member Guerrero and passed unanimously by those present and voting. Mrs. Sue Gray addressed the Council and exhibited the plan that Mr. Kronke had presented to them when he visited the neighbors and explained the plan that he had for the property. She stated that they were informed that he planned to construct a $36,000 housing unit project and they plan to install a bar, grocery store, etc. under that business zoning. Council Member Guerrero made a motion that the 3.6 acre portion of the land abutting Carbon Plant Road be zoned "B-1" which would reduce the remaining property to just under ten acres and he would propose that that land be limited to "R-2" zoning allowing fourteen units per acre, all of the zoning being subject to an approved site plan under a special permit. The motion was seconded by Council Member Berlanga. Mayor Pro Tem Turner stated that the plan displayed by Mrs. Gray would be totally unacceptable to the Council. es 1 ar Council Meeting OL—,Der 2, 1984 Page 19 Council Member Brown pointed out that this is not what is being recommended by the Staff because the Staff recommended "R-2" zoning. Council Member McComb noted that Council Member Guerrero had made a motion to grant "B-1" zoning on part of the land and explained that under the new zoning ordinance, bars are not allowed in "13-1" zoning. Mr. Utter pointed out that the Council would need to consider a special permit on all of the property subject to the submission of an approved site plan. He pointed out that the motion could be passed today but when the ordinance is presented, it would still require seven affirmative votes. Council Member McComb questioned whether financing would be available with a special permit. Mayor Pro Tem Turner suggested that Mr. Utter briefly describe the recommendation for a special permit. Mr. Utter explained that the Staff recommendation is for "R-2" zoning on the entire tract but "B-1" zoning is limited to neighborhood businesses and Carbon Plant Road and Up River Road are designated as collector streets. He explained that the Council proposes a special permit to allow for "B-1" businesses on the 3.6 acre portion that would be the least disruptive to the neighborhood since it is in the portion near Carbon Plant Road. He stated that he thought that the Staff should work with the developers on the site plan to provide as much of a buffer between the "B-1" portion and the residential zoning as possible. He stated that the "B-1" zoning on 3.6 acres and "R-2" zoning on the other ten acres is considerably better than "B-4" zoning. Council Member Mendez inquired if apartments could be constructed in "B-1" zoning, and Mr. Utter stated that they could but if the Council approves a special permit, they could require neighborhood businesses rather than apartments. He stated that it is his understanding that Mr. Guerrero's motion does require a special permit, and Council Member Guerrero confirmed that it did. Council Member Guerrero stated that he felt that allowing the neighborhood business would reduce the total density of the tract. Council Member Kennedy inquired if the special permit could include a requirement that access not be allowed down Wildwood Street. Mayor Pro Tem Turner stated that she really prefers "R-2" zoning for the property because she wondered what would happen to other property along Up River Road if this is approved. Mr. Utter expressed the opinion that this would not create the typical domino effect on this particular street. Minutes Regular Council Meeting October 2, 1984 Page 20 A motion was made by Council Member Brown that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. Mayor Pro Tem Turner called for the vote on the motion to approve a special permit allowing "B-1" uses on the 3.6 acre portion of the tract abutting Carbon Plant Road and "R-2" uses on the remainding ten acres limited to no more than fourteen units per acre subject to the submission of an approved site plan, and it passed unanimously by those present and voting. Mr. Utter stated that he wanted to ask the developer to contact Staff personnel and also, work with some of the neighbors who spoke in opposition to this application to try to come up with an amicable solution on the site plan. Council Member Mendez stated that when the site plan has been presented for the Council's approval, he would see that Mr. Webb receives a copy before the ordinance is voted upon. *** Mayor Jones arrived at the meeting at 4:35 p.m. * * * * * * * * Mayor Jones called for the City Manager's Report. City Manager Martin stated that he would like to provide the Council with the results of the first billing cycle under the new allocation system for water customers. He stated that 2,027 bif.ls had been mailed to single-family homes and out of that number only 145 include a surcharge for excess use; therefore, the percentage is 95% within the allocation. He stated that in the same billing cycle, the business firms were 90% in compliance with their allocations but hospitals, schools, etc., included 25% that had a surcharge. He stated that the surcharge amounted to $22,000. Mayor Jones expressed the opinion that that was a remarkable record and he was very pleased that the citizens are cooperating on the allocation plan. He noted that it is good in one way but it is not good in the economic sense in that the City may have to increase the water rates. City Manager Martin agreed, stating that the Staff would like to see a few more cycles, following which the figures will be presented to the Council in about three weeks in order to conduct an entire Workshop Meeting to discuss the economic problems associated with the water allocation program. He pointed out that there will be a need to consider the debt service at that time. * * * * * * * * Mayor Jones called for petitions from the audience on matters not listed on the agenda. ,utes filar Council Meeting ober 2, 1984 Page 21 Mr. Marty Berry reminded the Council that he had addressed them the preceding week in regard to the specifications for a particular kind of material that could be supplied only by Whites Mines. He stated that the Council's action at that time was not clear according to the minutes. He explained that he understood that a report would be provided before the bids are received on October 10th and one of his questions is whether or not he would receive a copy of the recommendations of the Staff at the same time that the Counci does. He explained that he would also like to know if this is going to be a discussion item prior to the receipt of bids. Mayor Jones informed Mr. Berry that the Staff report will be in the Council packets on Friday, and at that time, a copy will be mailed to him. Mr. Berry inquired if it would be possible to pick this up from the City Secretary's Office, and Mayor Jones replied in the affirmative. Mr. Berry then inquired if the matter would be discussed during the Workshop Meeting next Tuesday before the receipt of bids. Mayor Jones suggested that Mr. Berry prepare a letter in response to the report and deliver it to the City Secretary's Office on Monday. He explained that it will be sent to the Council in their Monday packet before the Tuesday Council Meeting and the Council will be able to make a decision that day. Mr. Berry agreed that if he receives the report on Friday, he will have time to prepare such a letter. He informed the Council that he had checked with the Attorney General's Office and they had stated that the practice was legal, but since that time, they have checked with the State Department of Highways and Public Transportation and they feel that there is another source of the questionable materials, and in order for the bids to be competitve, the materials should not be limited to one source. Mayor Jones again assured Mr. Berry that he would receive the same information that the Council does on Friday. There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Mendez and passed unanimously, the Regular Council Meeting was adjourned at 4:45 p.m., October 2, 1984. * * * * * * * * * DZ/rr