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
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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.
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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.
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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".
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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.
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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".
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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*