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HomeMy WebLinkAboutMinutes City Council - 02/09/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 9, 1983 2:00 P.M. Present Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members Jack K. Dunphy Bob Gulley Herbert Hawkins Dr. Charles Kennedy Cliff Zarsky Mayor Luther Jones City Manager Edward Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read called the meeting Council Chamber of City Hall. The invocation was given by Mrs. Nancy which the Pledge of Allegiance was led by Council Member Cliff to the Flag of Zarsky. City Secretary Bill G. Read called the to order in the Summers, following the United States roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Mayor Pro Tem Betty Turner that the minutes of the Regular and Special Council Meetings of February 2, 1983 be approved as presented; seconded by Council Member Hawkins; and passed unanimously. Mayor Jones noted the issuance of the following proclamation: "NATIONAL CRIME PREVENTION WEEK" - February 7 - 13, 1983. City Manager Ed Martin introduced to the Council Mr. Juan Garza who was recently employed as Deputy Director of Finance. Mayor Jones then presented retirement following employees: EMPLOYEE DEPARTMENT Donna J. Lorfing Federal Grants Joseph J. Miller Street Librado G. Navarro Sr. Street Antonio D. Lopez Water Leo J. Hoelscher Water plaques to the POSITION YEARS OF SERVICE Senior Accountant III Sr. Street Foreman II Equipment Operator Plant Operator I Plant Operator II *"*"*"*0*0*0*"*"*"*0*"*0* NIROFILM 18 17 27 36 26 Minutes Regular Council Meeting February 9, 1983 Page 2 Mayor Jones announced bid openings on two engineering projects. 1. Alameda-Woodlawn Estates Street Improvement Project. This project includes improvements to Eldon Drive from Gaines Street to Alameda Street; Walton Place and Delano Drive from Eldon Drive to Robert Drive; and Woodlawn and Daly Streets from Padre Island Drive to Williams Drive. New water lines will be constructed on all streets except Woodlawn. This project is included in the 1982 Bond Program Neighborhood Street Projects qualified by a petition from property owners. Assistant City Manager James K. Lontos opened bids on this project from the following firms: Claude Chapman Construction Co., Garrett Construction Co., Heldenfels Brothers, Inc., Isles Construction Co., King Construction Co., Maverick Construction Co, A. Ortiz Paving & Construction, Park & Smyers. Mr. Lontos verified that the necessary bid security bonds and disclosure statements had been submitted with each bid. 2. Glenmore Street Improvements from Ocean Drive to Kentner Street. This is a Neighborhood Street project approved in the 1982 bond election qualified by a petition from property owners. Mr. Lontos then opened bids on this project from the following companies: A-1 Plumbing, Claude Chapman Construction, Garrett Construction Co., Hannis Construction Co., Heldenfels Brothers, Inc., Isles Construction Co., King Construction Co., Maverick Construction Co., A. Ortiz Paving & Construction, Park & Smyers and M & M Construction Co. He stated that all of the contractors had submitted the required bid security bond and disclosure statements. Mayor Jones expressed appreciation to the contractors who had submitted bids and stated that they would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the staff for tabulation and recommendation. *0*0*0*0*0*0*0*0*0*o*0* Minutes Regular Council Meeting February 9, 1983 Page 3 Mayor Jones called for consideration of the following items on the consent agenda: 1. Bids be received February 22, 1983 for twelve months supply agreement for approximately 5,000 gal. solvent; 550 gal. natural gas engine oil; 4,000 gal. hydraulic oil; 10,500 gal. motor oil; 1,500 gal. automatic transmission fluid; 4,000 gal. torque fluid; 5,700 lbs. extreme pressure grease; 4,700 lbs molybdenum disulfide grease; 360 lbs. wheel bearing grease; and 2,000 gal. anti -freeze. These products are for Maintenance Services Department. 2. Bids be received February 22, 1983 for twelve months supply agreement for approximately 930,000 gallons of regular and 500,000 gallons of unleaded gasoline. 3. Bids be received February 22, 1983 for twelve months supply agreement for an estimated 205,000 pounds of hydrogen peroxide for Wastewater Services. The chemical is used for odor and corrosion control. 4. Bids he received February 22, 1983 for an electric motor, 450 hp, to replace a motor which is non-operable in a pump at the Cunningham Filter Plant. 5. Approving plans and specifications for the Portable Buildings for the Nueces County Community Action Agency Headstart Program project and authorizing the receipt of bids on March 2, 1983. The project provides for the construction of six portable classroom units complete and in place to include interior plumbing and electrical wiring, water and sanitary sewer connections. Community Development Block Grant Funds will be used to fund the project. 6. Meters to measure the efficiency and effectiveness of water treatment at the Cunningham Plant be purchased as follows on the basis of low bid: O.I. Corporation, College Station, TX Zeta -Meter, Inc., New York, NY One TOX Meter One Zeta Meter Total: $14,040.00 Total: $5,845.86 Two bids were received for the first meter and one for the second meter. The meters are included in the 1982-83 Budget. Mayor Jones ascertained that there were no comments from the audience on these items. A motion was made by Mayor Pro Tem Turner that items 1 thru 6 be approved, seconded by Council Member Zarsky and passed unanimously. *0*ox0*0*0*0*0*0*0*0* Mayor Jones called for consideration of consent ordinances and ordinances from previous meetings on items 8 thru 20. Mayor Jones referred to item 8 which authorizes an appropriation to Heldenfels Brothers for commercial ramp Minutes Regular Council Meeting February 9, 1983 Page 4 expansion and runway safety improvements and questioned the very large amount to be taken from the bond fund noting that FAA will pay 90% of the cost of the project. Assistant City Manager Lontos explained that the grant is already available but the money must come from the bond fund at this time following which the FAA money will be placed in the bond fund when it is received. *Council Member Charles Kennedy arrived at the meeting at 2:28 p.m. Council Member Zarsky questioned Ordinance 13, which grants a special permit for a 150 unit apartment project on the application of Messrs. Joe Hansler and Henry Tucker on Purdue Road near Laguna Shores Road. Assistant City Manager Tom Utter displayed the site plan which the staff finds to be acceptable. Council Member Zarsky inquired as to the proposed zoning of this area in connection with the overall Flour Bluff Development Plan. Mr. Utter explained that this is zoned clear under the Flour Bluff Development Plan; Purdue Road is scheduled to be extended to Laguna Shores Road in the final year of the bond program; and the developer of this tract will be required to extend Purdue Road across their tract. He reiterated that this is a site plan that is in accordance with the Council motion. Mayor Jones called for comments from the audience on the ordinances listed as 8 thru 20. City Manager Martin referred to item 19 in regard to the second reading of the cession agreement between the City of Portland and the City of Corpus Christi. He explained that a request was received from the City of Portland for this cession of a portion of the extraterritorial area. He explained that the City of Gregory has also requested cession of a portion of this land but cession cannot be granted to that City because they have not annexed into their extraterritorial jurisdiction. Minutes Regular Council Meeting February 9, 1983 Page 5 Mr. Larry Wenger, Director of Planning, located the area under consideration and its relationship to Gregory and to Portland. He explained that the developer who wishes to construct a subdivision in this area does not plan to use federal money for development. Mr. John Brooke, City Attorney of Portland, speaking on behalf of the Mayor of that City, expressed appreciation to the City of Corpus Christi on the fine cooperation between the two cities. He thanked the Council for considering their request for the cession of this land, stating that the City has gone through the necessary procedures to properly develop this area with good development that would be beneficial to their City. Mayor Jones inquired if this is an area that the City of Corpus Christi would ever have any use for expansion. City Attorney Aycock explained that it is in this City's extraterritorial jurisdiction and the Council could make the decision not to approve this ordinance if they felt it was not in the best interest of the City. Mr. Celestino Zambrano, Mayor of Gregory, stated that the City of Gregory is a general law City and their requirements for annexation are different from that of Corpus Christi and Portland in that they must annex only by request. He requested that the City Council consider an alternative plan to benefit the City of Gregory as well as the City of Portland. He explained that his City is a distressed area but it is now on its way to recovery and there are two pieces of property which generally fall within the extraterritorial jurisdiction. He explained that they are at the mercy of Corpus Christi in this instance and asked that the City of Corpus Christi not grant this entire area for cession to Portland. He displayed a map and pointed out the areas that could possibly become a part of Gregory after certain areas are annexed, stating that some property owners have requested annexation and it is his hope that the City of Gregory could apply for industrial funding to attract industry to this area that is in the extraterritorial jurisdiction of Corpus Christi. Minutes Regular Council Meeting February 9, 1983 Page 6 He stated that he would like to have this particular portion of the land held by Corpus Christi until this process can be accomplished. He explained that they hope to provide a 21, year service plan and they would like to have the City wait for 22 years before this entire land is ceded to Portland. Discussion followed among the Council Members and Council Member Zarsky suggested that the City exclude the area that Gregory would like to have annexed to their City before approving the Portland cession agreement. Mayor Pro Tem Turner suggested that this ordinance be passed on the second reading but delay the final reading until it is ascertained whether or not Mayor Zambrano will be able to effect all the plans property. City Manager that would allow them to cede a portion of the Martin stated that the staff will be able to prepare the appropriate metes and bounds description and have the ordinance corrected before the third reading. Mr. Brooke stated that the City of Portland would agree to that change in the cession agreement and Mayor Zambrano expressed appreciation for the Council's assistance in this matter. There were no further comments from the audience on the ordinances and the following were approved: 8. ORDINANCE NO. 17464 AUTHORIZING THE EXECUTION OF A CONTRACT WITH HELDENFELS BROTHERS, INC. FOR THE AIRPORT COMMERCIAL RAMP EXPANSION AND RUNWAY SAFETY IMPROVEMENTS; APPROPRIATING $805,000 FOR THIS CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". 9. ORDINANCE NO. 17465 AUTHORIZING THE EXECUTION OF A CONTRACT WITH SOUTH TEXAS CONSTRUCTION COMPANY FOR A WASTEWATER MAINTENANCE BUILDING, A PARK DEPARTMENT MAINTENANCE BUILDING, AND A HEAVY EQUIPMENT BUILDING AT THE SERVICE CENTER; APPROPRIATING $925,000 FOR THIS CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". Minutes Regular Council Meeting February 9, 1983 Page 7 10. ORDINANCE NO. 17466 AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 2, 3, 4, AND 5 AND 3, 4, 5, 6, 7, 8, 9, 10, 11 AND 12 TO TWO SEPARATE CONTRACTS WITH W. T. YOUNG CONSTRUCTION COMPANY WHICH PROVIDES FOR THE INSTALLA- TION OF A SANITARY SEWER COLLECTION SYSTEM FOR THE OSO WASTEWATER TREATMENT PLANT; APPROPRIATING $108,222.83; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". 11. ORDINANCE NO. 17467 CLOSING AND ABANDONING THE 40 FOOT WIDE STRIP "DEDICATED FOR PUBLIC PURPOSES" ON THE PLAT OF LOT 13A, LOKEY SUBDIVISION; RETAINING 10 FEET OF SAID 40 FOOT STRIP ALONG THE NORTH SIDE AS A DRAINAGE EASEMENT AND RETAINING THE REMAINING 30 FEET OF SAID STRIP AS CENTRAL POWER AND LIGHT COMPANY EASEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting "aye"; Hawkins voting "no". 12. ORDINANCE NO. 17468 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 3 IN CONNECTION WITH THE SURFSIDE TO TIMON BOULEVARDS STREET CONNECTION; APPROPRIATING $9,259 FOR THE PURCHASE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". 13. ORDINANCE NO„ 17469 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JOE HANSLER AND HENRY TUCKER, BY GRANTING A SPECIAL COUNCIL PERMIT ON A PORTION OF LOT 19, SECTION 54, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FOR AN APARTMENT COMPLEX; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". 14. RESOLUTION NO. 17470 EXPRESSING THE CITY COUNCIL'S DEEP GRATITUDE TO WILLIAM E. CARL FOR HIS DEDICATED AND UNSELFISH SERVICE ON THE PORT COMMISSION AND PARTICULARLY AS CHAIRMAN OF THE BOARD OF THE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". 15. SECOND READING AMENDING THE ELECTRICIAN LICENSE ORDINANCE OF THE CITY CODE TO AUTHORIZE AN EXAMINATION COMMITTEE TO COMPOSE, ADMINISTER, AND GRADE LICENSE EXAMINATIONS; OTHER PROVISIONS RELATING TO LICENSE APPLICATIONS, REPORTS TO THE ELECTRICAL ADVISORY BOARD AND APPEALS; AND PROVIDING FOR SEVERANCE AND PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". Minutes Regular Council Meeting February 9, 1983 Page 8 16. SECOND READING AMENDING SECTION 2-238 OF THE CITY CODE BY DELETING FROM SECTION (4e) , ITEM 10 ELECTRICAI, ADVISORY BOARD FROM 191E LIST OF BOARD AND COMMITTEES WHICH ARE DEEMED TO HAVE SOVEREIGN POWERS. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting "aye"; Hawkins "no". 17. SECOND HEADING AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES TO PROVIDE FOR LICENSING OF MECHANICAL CONTRACTORS; PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 1, 1983; PROVIDING FOR PENALTY; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". 18. SECOND READING PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI TO THE CITY OF ODEM OF ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN CERTAIN TRACTS OF LAND, BY MUTUAL AGREEMENT, MARKED EXHIBIT "1"; PROVIDING FOR PUBLICATION; PROVIDING A REPEALING CLAUSE; AND PROVIDING SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". 19. SECOND READING PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI TO THE CITY OF PORTLAND OF ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN CERTAIN TRACTS OF LAND, BY MUTUAL AGREEMENT, MARKED EXHIBIT "I"; PROVIDING FOR PUBLICATION; PROVIDING A REPEALING CLAUSE; AND PROVIDING SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". 20. ORDINANCE NO. 17471 AUTHORIZING THE EXECUTION OF A FIVE YEAR LEASE AGREEMENT WITH SAND AND SEA RESORT MOTEL TO LEASE A PORTION OF AUBREY STREET. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". *o*o*o*o*o*o*o*o*o*o* Mayor Jones called for consideration of the items on the regular agenda as follows: 21. Plat appeal of Mr. Verne Harris of the water line extension and street paving requirements of the Platting Ordinance relative to Perry's Estates, Block 5, Lot 8. This 2.4 acre plat appeal was heard by the Planning Commission on December 7, 1982, and denied. Minutes Regular Council Meeting February 9, 1983 Page 9 Mr. Lontos displayed a map of the area on Dove Lane and stated that the water line does not go through the street; the street is not open on the ground; and the street dedication is required by the Platting Ordinance. He explained that the property owner does not wish to extend the street nor does he want to extend the waterline, but both are required by the Platting Ordinance. He stated that the Planning Commission had denied the request for a waiver. Mr. Verne Harris stated that he had purchased this property in 1956 with the intention of building a house. He explained that he has water to within 25' of the end of the property; he has pavement for access to the property and he does not see why he should pave this portion of the street at this time, because he would be willing to pave the street at the time the property across the street is developed. He stated that he cannot afford to build the street or extend the waterline and he plans to construct his house rear Lot 7 of the subdivision. Mr. Harris pointed out that he had paid for the waterline at the end of the street for the subdivision that was constructed there. Mayor Pro Tem Turner questioned the street requirement, stating that she sees no reason to develop z of a street. She asked Mr. Lontos if there is another option. Mr. Lontos explained that the only option is to have the property owner place money in escrow for this purpose. Mr. Harris reiterated that he will pay for his half of the street when the other side is platted and developed, but he saw no reason to do so now. Council Member Gulley suggested that Mr. Harris construct his house on the north end of the property where water is available and the street would not be required if he just plats the portion at the north end. Mr. Lontos pointed out that unless Mr. Harris places money in escrow for future construction of the street, the City would have no security that the street would be paid for. Minutes Regular Council Meeting February 9, 1983 Page 10 Council Member Zarsky inquired if it would be possible to have the owner of the property execute a note to the City with a lien against his property with the note to stipulate that it would be due and payable when the street is required. City Attorney Aycock explained that the ordinance does not provide for that type of situation, but it would actually be a waiver and that it would be difficult to enforce. He explained that the City has no statutory authority to have covenants running with the land and subsequent property owners would object to this. Council Member Gulley suggested that consideration be given to allowing the property owner to plat one lot on a diagonal pattern to avoid having to pay for the street construction. Mr. David Montgomery, engineer for Mr. Harris, explained that the reason his client decided to build his house at the center location was because there are several pipelines in existence on his property. He reminded the Council that Mr. Harris had installed the water up to his property and he does not wish to pay for the street and the waterline at this time. Mr. Montgomery stated that he had discussed this matter with the owner of the property on the other side of the proposed street and that owner does not intend to develop any time in the near future. Also speaking in favor of this appeal was Mr. Ronald Magee who alleged that the Planning Commission is holding up Mr. Harris' plans unnecessarily. He mentioned that the drainage is very poor in this area and then suggested that the City Council meet with the Planning Commission to resolve this matter. He expressed the opinion that the water and street requirements are not necessary. Council Member Zarsky asked for a suggestion as to how the Council could make a special waiver for this particular property owner. Minutes Regular Council Meeting February 9, 1983 Page 11 Mr. Magee suggested that the Council or staff approach the other property owners to persuade them to develop their property at this time and help construct the street extension. Mayor Jones commented that what Mr. Magee is actually suggesting is that all citizens pay for Mr. Barris' street extension. Mr. Magee indicated that he would not object to this. Mr. Lontos pointed out that if the Council makes this kind of a waiver it will establish a precedent and others will make the same request. Mrs. Harris addressed the Council and stated that they do not want the street extended because there is no need for it. City Attorney Aycock informed the Council that the Board of Adjustment hears hardship cases but this does not apply to property owners but actually refers to the hardship of the land, and that situation does not exist on this case. A motion was made by Council Member Kennedy that the plat appeal be denied; seconded by Council Member Gulley. The motion passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting "aye"; Hawkins voting "no". 22. Consideration of pending State legislation relating to the continuation of the Cigarette Tax to finance park improvements. City Manager Martin explained that the staff plans to place pending legislation on the agenda on a regular basis for the Council's consideration. Deputy City Manager Briones explained that this was listed because the staff has been working on this in an effort to have such funds continued. He explained that the City has received almost $600,000 from the State from this source for park improvements. He expressed the opinion that this tax should be extended after September 1, 1983. He explained that there are three bills before the House and the Senate on this subject. He briefly described the three bilis under consideration by this Minutes Regular Council Meeting February 9, 1983 Page 12 legislature explaining that one of the bills would increase the amount of money, but would also take care of rural parks. City Manager Martin summarized by stating that the staff is of the opinion that the City should support the bill that would provide this City with the same amount of money they are now receiving. A motion was made by Council Member Kennedy that the City support the bill that will provide a continuation of the same amount of funding that the City is now receiving; seconded by Council Member Gulley; and passed unanimously. Mr. Briones then referred to the Transit Authority being considered and informed the Council that two bills had already been submitted by Senator Uribe and Representative Bush; however Senator Carlos Truan will introduce a bill that will pertain to the Master Transit Authority. Mr. Briones then referred to a bill that will include new requirements for the appointment by the City Council of members to the Housing Authority. He explained that one of the changes would be that an appointee will not serve more than two terms and that one of the members must be a resident of the housing projects. A motion was made by Council Member Gulley that the City Council oppose this bill changing appointments to the Housing Authority; seconded by Council Member Kennedy; and passed by the following vote: Jones, Dumphy, Gulley, Kennedy and Zarsky voting "aye"; Turner and Hawkins voting "no". Deputy City Manager Briones then described a bill introduced recently that would prohibit cities from discriminating against the owners of mobile homes in that they would be allowed to be placed in residential subdivisions in "R -1B" zoned areas. He explained that the bill includes some conditions and restrictions on it which would require permanent foundations and that the structure must meet the Southern Standard Building Code. Council Member Gulley stated that he will abstain from voting on this issue since he is a mobile home subdivision owner. Minutes Regular Council Meeting February 9, 1983 Page 13 City Manager Martin interjected that the real question is whether or not the Council should oppose bills that basically change the City's ordinances. A motion was made by Mayor Pro Tem Turner that the City oppose this legislation pertaining to mobile home locations in residential subdivisions; seconded by Council Member Kennedy; and passed by the following vote: Jones, Hawkins and Zarsky voting "aye"; Gulley City Manager Martin informed the Turner, Dumphy, Kennedy, "abstaining". Council that a number of bills pertaining to homestead exemptions had been introduced and one of the bills would increase the number of homestead exemptions; one bill would allow the City to make their own decisions; others are mandatory by the State; and others would take away He stated Council's the City's authority to set the homestead exemptions. that the staff would like to know if this is still the desire to continue to have the authority to make their own decisions. The Council indicated that the City should oppose any legislation that would take away their existing authority. Mayor Jones informed the Council that there will be a legislative seminar conducted in Austin on February 14, 1983 to review the Texas Municipal League's position on various bills. He stated that he, City Manager Martin, and Deputy City Manager Briones will attend this session, which begins at 9:00 a.m. following which a luncheon will be conducted with the local delegation. He invited any of the Council Members who desired to also attend the session and several indicated that they would make arrangements to attend. 23. Approving a timetable for the Flour Bluff zoning discussions. City Manager Martin referred to the schedule presented in the Council packets Friday, which called for a public meeting in Flour Bluff on alternatives to be conducted on February 18, 1983 and the date of March 2, 1983 for City Council consideration and action. Minutes Regular Council Meeting February 9, 1983 Page 14 A motion was made by Council Member Dumphy that this timetable be approved, seconded by Mayor Pro Tem Turner and passed unanimously. City Manager Martin assured the Council that a notice will be published in the newspaper of the meetings and notices will be mailed. *0*o*0*0*0*0*0*0*0*0*0 Mayor Jones called for action by ordinance from the regular agenda which authorizes the City Manager to execute a contract with Larry Money - Galen May/Pfluger, Architects, relating to the design of the Five Points and Southside Area Fire Stations. He explained the procedures required to assist in the site selection and stated that the staff hopes to start construction in about three months. City Secretary Read polled the Council for their votes and the following ordinance was passed: 24. ORDINANCE NO. 17472 AUTHORIZING THE EXECUTION OF A CONTRACT WITH LARRY MONEY - GALEN M,AY/PFLUGER, ARCHITECTS, FOR ARCHITECTURAL SERVICES TO DEVELOP PLANS AND SPECIFICATIONS FOR THE. CONSTRUCTION OF THE FIVE POINTS AND SARATOGA-WEBER AREA FIRE STATIONS; APPROPRIATING $33,000 FOR THE CONTRACT AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". *0*o*0*0*0*0*0*0*0*"*0* Mayor Jones announced the public hearings on four zoning applications. 25. Application No. 183-1T, Tri-Star Development Company Amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.47 setting forth zoning classification of "B-4" General Business District on 27.05± acres out of Lots 15 and 16, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of Everhart Road, at its future intersection with Yorktown Boulevard when annexed to the City. Assistant City Manager Tom Utter informed the Council that five notices of the public hearing were mailed; none were returned from within the 200' area; but one in opposition from Minutes; Regular Council Meeting February 9, 1983 Page 15 the Navy was returned from outside the 200' area. He noted however, this tract of land was not in the APZ zone. Mr. Utter informed the Council that the Planning Commission recommends approval but the staff recommends that the zoning of "B-4" be granted on 10 acres at the future intersection of Yorktown Boulevard and Everhart, but the remaining portion be zoned "A-2". Mr. Wenger, Director of Planning, located the area on the zoning and land use map and described the land use in the surrounding area. He emphasized the fact that this is a very large area to be zoned "B-4", pointing out that Padre Staples Mall and Sunrise Mall combined totals 45 acres and the Gulfway shopping center is only 14 acres. He explained that for that reason, the staff recommends that only 10 acres at the future intersection be zoned "B-4" and the remainder be zoned "A-2". He then showed slides of the area and noted that the property is across the street from a tract that is also proposed to be zoned "B-4". Speaking on behalf of the application was Mr. Fred Braselton of Tri-Star Development Company. He explained that they have requested "B-4" zoning for the entire tract because they want to have flexibility since they are not sure what all of their development will. be. He explained that they envision a neighborhood type development with offices and some businesses. He noted that the staff does recommend that only 10 acres be zoned "B-4" but explained that they do not know where the business development will be located on this tract. He assured the Council that they do not plan to construct a very large mall such as Sunrise Mall, but will construct something that will blend in with the neighborhood. Council Member Kennedy pointed out that there is the possibility that the property owners will decide later to construct a very large mall and if this is approved they would be able to, regardless of whether it blends in with the neighborhood or not. Minutes Regular Council Meeting February 9, 1983 Page 16 Also speaking in favor of the application was Mr. Gene Urban, Urban Engineering, who stated that basically the purpose of zoning in this manner is for an orderly development of the property with no restrictions and he was of the opinion that business zoning would tit very well in this area. He expressed the opinion that it would be good zoning to have a large mall at this location, even though they do not plan that at this time. Council Member Zarsky stated that he agreed that the acreage was too large to zone "B-4" in that a great deal of traffic would be generated by such a large shopping area. Council Member Kennedy reiterated that the City should have some control over what will be constructed on this large tract, and Mayor Jones concurred. Council Member Kennedy then suggested that a special permit be approved subject to the submission of a site plan that would be valid for three years. Mr. Wenger pointed out that in order to make the special permit valid for three years, the developer would have to have some kind of development within the first six months. Mayor Jones suggested approving a special permit for six months with the usual allowance to extend for one time for one year. Mayor Pro Tem Turner expressed concern about additional "A-2" zoning in this area also, and Mr, Wenger stated that the reason for this recommendation was that the tract is adjacent to other "A-2" zoning. Council Member Dumphy pointed out that other than the traffic problem, he would hope that the City would need another large shopping mall in the future. Council Member Zarsky reminded the Council of the hearings on McArdle Road and requirements to alleviate and the traffic problem and stated that he would hesitate to approve this today and then have to confront the developer with requests for street right-of-way in the future. He stated that he understands that there is another 25 acres to be considered today for "B-4" zoning Minutes Regular Council Meeting February 9, 1983 Page 17 and the Council must be concerned about the future traffic generated by that much business zoning. he suggested that this application be tabled until a report has been received on the traffic potential under such zoning. Mayor Pro Tem Turner suggested that there is a need for an Everhart traffic master plan. Mr. Wenger explained that the staff had a study made of the Everhart Road traffic, but the Council did not adhere to the recommendations of the study and that is why there have been so many problems associated with traffic on Everhart. Council Member Gulley indicated that he felt also that this application should be tract. Also speaking on behalf of Tri-Star Development Pruitt who informed the Council that the Company had tabled since it involves such a large was Mr. Bill investigated other areas on Everhart but could not find a large enough tract to be developed for "B-4" zoning. He expressed the opinion that there will be a need at the intersection of Yorktown and Everhart Road for a commercial development. He stated that they do not have a site plan yet because they hope to design a new and innovative type of development. He admitted that they plan to hold this property for several years before developing it completely. Mayor Jones again suggested that a special permit be considered that would be good for one year. He pointed out to the applicants that a lot of planning could be conducted in that length of time and then the Council could evaluate the plan in addition to the potential traffic. Mr. Pruitt stated that they plan to develop it but not for two or three years. Mayor Pro Tem Turner indicated that she disagreed that "A-2" zoning would be appropriate for this large tract and agreed the Mayor that a special permit would be in order. She inquired as to what the transportation plan calls for street, and Mr. Wenger replied that it calls for a four street. with then this lane Minutes Regular Council Meeting February 9, 1983 Page 18 Council Member Zarsky then suggested that 10 or 15 acres be zoned "B-4" with a special permit for the remainder of the property which would give the applicants a year to study their plans. Mr. Urban agreed that this would be workable. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. A motion was made by Council Member Kennedy that "B-4" zoning be granted for 15 acres of this tract at the future intersection of Yorktown and Everhart and a special permit be granted on the balance of the tract subject to the submission of an acceptable site plan; seconded by Council Member Dumphy; and passed unanimously. *o*o*C*o*o*o*o*o*o* 26. Application No. 183-2T, B & G Custom Building Amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.48 setting forth zoning classifications of "R-2" Multiple Dwelling District on Tract 1 and "R -1B" One -family Dwelling District on Tract 2, Tract 1 being 5.99± acres and Tract 2 being 49.89± acres, both tract out of Lot 8, Section 19, Bohemian Colony Lands, located east of Weber Road and south of Cedar Pass Drive when annexed to the City. Mr. Utter informed the Council that both the Planning Commission and Planning staff recommend approval and that in response to the notice of the public hearing, one letter in opposition from the Navy was received, but this is not within the 200' area. No one spoke in regard to this zoning application. A motion was made by Council Member Dumphy that the hearing be closed, seconded by Council Member Gulley and passed unanimously. A motion was made by Council Member Gulley that the zoning of "R-2" be approved on Tract 1 and "R -1B" on Tract 2 for Application No. 183-2T; seconded by Council Member Dumphy; and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting this zoning change and it passed as follows: Minutes Regular Council Meeting February 9, 1983 Page 19 26. ORDINANCE NO. 17473 AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 A NEW SUBSECTION, 31-5.48 SETTING FORTH ZONING CLASSIFICATION ON SAID AREA OF LAND DESCRIBED AS A PORTION OF LOT 8, SECTION 19, BOHEMIAN COLONY LANDS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". *O*0*0*0*0*0*C*0*0*0*0* 27. Application No. 183--4T, Henry Tucker Amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.50 setting forth zoning classifications "AT" Apartment Tourist District on Tract 1„ "B-4" General Business District on Tract 2, "R-2" Multiple Dwelling District on Tracts 3, 5 & 8, "A-1" Apartment House District on Tract 4, "A-2" Apartment House District on Tract 6 and "R-11-3" One -family Dwelling District on Tract 7, being 355± acres out of Lots 2, 3, 6 and 7, Section 19, Bohemian Colony Lands, located on the east side of Everhart Road, along the Oso Creek when annexed to the City. Assistant City Manager Utter informed the Council that one letter of opposition from outside the 200' radius had been received from the Navy. He stated that the Planning Commission recommends approval but the staff has been examining this intersection and considering it as a major commercial area, but rather than recommending approval of the requested zoning, the staff recommends that 15 acres be zoned "B-4" in Tract 2; a reduction in the "A-2" zoned area of approximately 640' around the "B-4" zoning and the remainder to be zoned "A-1". He explained that the staff is very concerned about the high density and the number of units that could be placed in this area. Mr. Wenger explained that the parkway system on both sides of the Oso, according to the transportation plan, would require that the developer construct this parkway system along the Oso. Mayor Pro Tem Turner referred to the parkway for the Oso and expressed concern about the zoning along this proposed street. Mayor Jones inquired as to how many units would be permitted under the zoning recommended by the staff. Mr. Wenger explained that the requested zoning would allow 4,870 residential units plus 24 acres of commercial use. Speaking in favor of the application was Mr. Gene Urban who referred to the figures quoted by Mr. Wenger and asked if the Minutes Regular Council Meeting February 9, 1983 Page 20 streets to be dedicated had been dedicated before those units were computed. He referred to the requested "A-2" zoned area and stated that a major portion of the land cannot be used because of the flood plan along the Oso parkway. He explained that there will be very large landscaped yards. He stated that the parkway road is adjacent to a collector road going through the apartment sites, etc. He pointed out that a lot of the "A -T" requested zoning area cannot be used. Mayor Pro Tem Turner referred to the area to be zoned "A-2" and inquired as to how many units could be constructed. Council Member Hawkins expressed the opinion that this matter seems to be too complicated for approval in a 30 minute period. He pointed out that this is such a large tract and it should be thoroughly analyzed before the Council knows enough about it to approve zoning. Council Member Zarsky concurred with Council Member Hawkins' remarks and agreed that it should be tabled because of a lack of information from Mr. Urban and from the staff. A motion was made by Council Member Hawkins that Application No. 183-4T be tabled for one week, seconded by Council Member Zarsky and passed unanimously. *o*o*o*o*o*o*o*o*o*o 28. Application No. 183-6, Mr. Dale Bowers, by changing the zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lots 8 through 15, Bayder Subdivision, located on the south side of South Padre Island Drive, 212' east of the southeast corner of South Padre Island Drive and Airline Road. Mr. Utter informed the Council that both the Planning Commission and Planning staff recommend approval and that in response to the notices of the public hearing, one in favor and one in opposition had been returned. Mayor Jones ascertained that no one wished to speak in opposition to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Gulley and passed unanimously. Minutes Regular Council Meeting February 9, 1983 Page 21 A motion was made by Mayor Pro Tem Turner that the zoning of "B-4" he approved for Application No. 183-6, seconded by Council Member Dumphy and passed unanimously. City Secretary Read polled the Council for their vote nn the ordinance effecting this zoning change and it was approved as follows: ORDINANCE NO. 17474 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF DALE BOWERS, BY CHANGING THE ZONING MAP 1N REFERENCE TO LOTS 8 THROUGH 15, BAYDER SUBDIVISION, FROM "8-1" NEIGHBORHOOD BUSINESS 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, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". * 0* 0 * 0 * 0 * 0 * o * 0 * " * 0 * 0 * Mayor Jones announced the public hearing on the following street closing request: 29. Closure of Lewis Street from Tompkins Street to Shely Street and from Kosar Street to Price Street, the closure of approximately 80% of Tompkins Street from Avers Street to Naples Street, and the closure of Price Street from Naples Street to Lewis Street. Price and Lewis (North of Kosar) Streets currently are dedicated streets on the Del Mar Campus, and the Tompkins and Lewis (South of Kosar) street closures are requested by the college as part of their expansion program. The staff concurs in this closure of the streets subject to utility easements being retained, a cul-de-sac being constructed, and Del Mar being requested to replat all of the campus properties prior to any additional street closure requests on the campus. Assistant City Manager James K. Lontos stated that Del Mar College has requested this in connection with their proposed expansion. He explained that they own most of the property in the area and the staff recommends closing the streets as requested. He noted that the staff also recommends that an additional portion of the street be officially closed since it is already being utilized by Del Mar College. Speaking on behalf of Del Mar College was Mr. Jesse B. Rodriguez. He explained that Del Mar College is constructing a new building; they will have about 3,000 students coming to this campus; and there is a need for a large parking lot. Minutes Regular Council Meeting February 9, 1983 Page 22 Mr. Mucio Garza, engineer for Del Mar College, pointed out the location of the planned parking lot. Council Member Kennedy questioned the elimination of the names Tompkins and Lewis, mentioning the fact that the Council had encountered opposition previously when they considered changing the name of the street that had been named for a prominent citizen. City Manager Martin informed the Council that if they direct the staff, the Planning Department could be instructed to utilize those two names in the future for new streets. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Council Member Kennedy that the streets requested be closed and that the names Tompkins and Lewis be used in the near future; seconded by Mayor Pro Tem Turner; and passed unanimously. *o*o*o*c*o*o*o*o*o*o Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Catalina Martinez, 1309 Sixth St., spoke on behalf of the residents in the area of the proposed Spohn Hospital Street Improvements. She presented a petition expressing opposition to the assessments associated with the street improvement project, explaining that many of the residents are elderly, on fixed incomes, and they cannot afford the assessments and object to them, particularly when Community Block Grant funds are used. She expressed the opinion that such funds are designed to help the residents and not inflict expenses on them. She read the petition in which they requested that the policy of charging assessments be amended because the older neighborhood property owners should not have to pay for street improvements. She expressed the opinion that the assessment policy currently in use is outmoded and should be abandoned as it has been in most larger Minutes Regular Council Meeting February 9, 1983 Page 23 cities. She stated that the same petition will be circulated in other areas of the City as well. Speaking on the same subject was Mr. John 0. Miller, stating that he was an attorney who resides on Sixth Street. He explained that he had voluntarily agreed to represent the people who are in the low income group who cannot afford to pay their assessments on this project. He too, suggested that the City Council review the policy, particularly when federal grant money is being used. He stated that, in his opinion, HUD would not grant approval of special assessments from property owners who are in the low income bracket and are owners/occupants of the property. Mr. Ronald McGee, 434 Lynette Street, representing the owners of Waldron Road Apartments on Don Patricio Road, addressed the Council in regard to this matter. Mayor Jones informed Mr. McGee that this had been discussed during the morning Workshop Meeting. Mr. McGee continued by stating that Mr. Carlin wishes to tie on to the City sewer to serve the apartments that he owns and noted that there are eight families living in those units which have been declared unfit and they will have to evacuate their apartments on Friday. Mayor Jones stated that they had asked for a Staff report on this. Mayor Pro Tem Turner informed Mr. McGee that the Council had discussed the possibility of taking action against Mr. Carlin on this matter. City Manager Martin explained that as he understands it, the owner was advised that he could put in holding tanks, on a temporary basis, to serve the tenants until a permanent solution could be worked out. Council Member Kennedy requested an opinion from the City's Legal Staff on the regulations connected with the Community Development Block Grant funds. He then expressed appreciation to Mrs. Martinez for working so hard on this matter and assured her Minutes Regular Council Meeting February 9, 1983 Page 24 that the Council will examine the subject of assessments associated with Community Development Block Grant funded streets. Council Member Hawkins requested that Mrs. Martinez and Mr. Miller be notified as to when this subject will be an agenda item and that they be allowed to discuss this when it is on the agenda. He pointed out that the difference between this street project and the over one hundred miles of improved residential streets is that most of those streets were improved as a result of a voluntary paving petition. City Manager Martin pointed out that the City had just recently charged assessments on a non -volunteer street improvement project on Airline Road on which the property owners were assessed. Mrs. Yolanda H. Perez, 1206 6th Street, stated that she also was opposed to the assessments because her husband is disabled and she could not afford to pay her assessment. Mr. Jack Gordy, 5802 Everhart, expressed the opinion that there is a lack of communication between the City Council and the Staff and also referred to the purchase of the Police Firing Range. He pointed out that it was evaluated at $176,000 but the City Council paid $525,000 for a building that. they cannot even use for the purpose for which it was purchased because of the smoke and pollution in the area. He stated that Mr. Cisneros, of the Police Department, has been told that studies will be made about the problem. He suggested that in the future the Council thoroughly investigate items before they spend taxpayers' monies for useless buildings. Mrs. Betty Simpson, 910 Booty, referred to the Spohn Hospital Street Improvement Project and urged that the project be financed in some way other than through assessments levied against the property owners. She also objected to the installation of sidewalks. Mr. Cecil Jenkins, 1119 6th Street, expressed opposition to the Spohn Hospital Street Improvement Project. He also expressed the opinion that strong tactics are being used to persuade people Minutes Regular Council Meeting February 9, 1983 Page 25 to sign the mechanics liens in relation to their street assessments. Mayor Pro Tem Turner suggested that the Staff not attempt to get the liens signed until the matter has been resolved. Mr. Lontos explained to the Council that the liens have to be signed before the project begins but that he will instruct the Staff to delay this action. Mr. Miller again addressed the Council and referred to the mechanics liens stating that he did not feel there is a need for the contract and the contract does state that if a payment is missed, the entire note will be due. He pointed out that there is also an acceleration clause in connection with the payments to be applied if a payment is missed. Mr. Paul Jordan who owns property at 1111 and 1113 6th Street, expressed concern because they have paid for curbs once before and he does not feel that new curbs are needed. There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Council Member Hawkins and passed unanimously, the Regular Council Meeting was adjourned at 6:10 p.m., February 9, 1983. 0*a*0*0*0*0*0*0*0*0*0*0*0*0*