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HomeMy WebLinkAboutMinutes City Council - 06/01/1983k a I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of June 1, 1983 thru June 29, 1983, inclusive and having been previously approved by Council action, are by me hereby approved as itemized. June June June June June June June 01, 1983 - 08, 1983 - 15, 1983 - 20, 1983 - 22, 1983 - 27, 1983 - 29, 1983 - Regular Council Meeting Regular Council Meeting Regular Council Meeting Special Council Meeting Regular Council Meeting Special Council Meeting Regular Council Meeting Luth:©Jones MAYOR MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 1, 1983 2:00 P. M. PRESENT: Mayor Luther Jones Council Members: Bob Gulley Herbert Hawkins, Jr. * Dr. Charles W. Kennedy Cliff Zarsky ABSENT: Mayor Pro Tem Betty N. Turner Council Member Jack K. Dumphy City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Major A. C. Ross of the Salvation Army, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Herbert Hawkins. City Secretary Bill C. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Council Member Zarsky that the Minutes of the Regular Council Meeting of May 25, 1983 be approved as presented; seconded by Council Member Hawkins; and passed unanimously. * * * * * * * * * * * * * MICROFILMED SEP 1 0 1Q84 tes Regular Council Meeting June 1, 1983 Page 2 Mayor Jones announced the bid opening on the following engineering project: Construction of a new barge dock ramp at the intersection of Hughes Street and Shoreline Boulevard along the east side of the Convention Center. Assistant City Manager James K. Lontos opened bids on this project from the following firms: J. M. Davidson, Inc.; Goldston Corporation; B & B Builders; F & E Erection Company; Withers Construction Company; Stefek Construction Company; R. S. Black; and W. T. Young Construction Company. Mr. Lontos verified that all bidders had submitted the required bid security bond. Mayor Jones expressed appreciation to all of the companies that 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. Mr. Lontos explained that the source of funds for this project was from interest earnings from the Convention Center Bond Fund. * * * * * * * * * * * Mayor Jones called for Actions of the Council from the Workshop Session on the following item: Approving the concept presented by Zion and Breen/Wiznia and Peterson for development of the Bayfront Science Park. A motion was made by Council Member Zarsky that the foregoing item be confirmed, seconded by Council Member Hawkins and passed by the following vote: Jones, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Dumphy, "absent"; Kennedy, absent at the time the vote was taken. * * * * * * * * * * * * * * Mayor Jones deviated from the Agenda and referred to item no. 32 which is a Zoning Application No. 483-12, Mr. C. T. Bach. He informed the members of the audience that this zoning application will not be heard today because the 20% rule is in effect and only five Council Members will be present. He explained that the public hearing will be opened but recessed until June 22nd, at which time the entire Council will be present. * * * * * * * * * * * * * * tes Regular Council Meeting ` June 1, 1983 Page 3 Mayor Jones called for Consideration of the Motions from the Consent Agenda on items 1 through 11. 1. Bids be received on June 21 , 1983 for up to 40 four-wheel golf carts to replace 30 of the existing 40 1977 -model carts at Corpus Christi Golf Center. Funds are available out of reserves in the Corpus Christi Golf Center Enterprise Fund. 2. Plans and specifications for the Greenwood Park Site Grading project be approved and bids be received on June 22, 1983. The park area will be graded and topsoil will be spread for future grass seeding. The project was included in the 1982 bond election and the 7th and 8th Year Community Development Block Grants. 3. Plans and specifications for the Spohn Hospital Area Street Improvements, Phase II project, consisting of the reconstruction of Elizabeth Street from Ocean Drive to South Staples Street, be approved and bids for this 8th Year Community Development Block Grant project be received on June 22, 1983. LI. Plans and specifications for the Flynn Parkway Drainage Modifications project be approved and bids be received on June 22, 1983. The project includes the modification of the bridges at Philippine and Holly Road to allow for the full utilization of the box structures for drainage flow. 5. Approval of plans and specifications for a nine -intersection traffic signal improvement project, and authorizing the receipt of bids on June 29, 1983. The intersections included are Weber -Caravel le Parkway, Airline -Williams Drive, Santa Fe -Louisiana Parkway, Staples -McArdle Road, Weber -Tiger Lane, Ocean Drive -Elizabeth, Leopard -Port Avenue, Leopard-Nueces Bay Boulevard and Morgan -Prescott -Brownlee Boulevard. 6. A twelve months supply agreement for large lamps, including incandescent, fluorescent, high intensity discharge, quartz, projector and airport markers be awarded to Anifac Electric Supply of Corpus Christi on the basis of low bid for the estimated total annual expenditure of $23,600. Ten bid invitations were issued and five bids were received. The bid is based on a discount off Publishers Price Lists of 50% on all lamps. Net prices indicate a decrease of 9% from the previous contract of May, 1982. 7. The CPA firm of Arturo Vasquez & Company be employed to audit the Tax Division for the year ending July 31, 1983. This firm audits the Corpus Christi Independent School District. The City has customarily employed the District's auditors for the Tax Division audit. Cost of the audit will not exceed $3,750. Last year's cost was $3,300. rtes Regular Council Meeting June 1, 1983 Page 4 8. Authorizing the City to assume operation of The Porch, a senior citizen's craft outlet, formerly having been co-sponsored by the City of Corpus Christi, Senior Community Services and the Junior League subject to volunteers continuing to be available to operate the store. The City would be responsible for the complete operation of the store which sells handmade items on consignment for senior citizen artisans with the assistance of a volunteer manager and volunteer assistant managers. The City has been, and will continue to be responsible for providing sales people for the store through the Retired Senior Volunteer Program (RSVP). The Junior League is providing the City with $3,000 which will be used to offset an operating cost if necessary. The Porch is meeting all operating expenses and is solvent. 9. Authorizing execution of a contract with Beautify Corpus Christi Association in the amount of $3,100 to provide for an executive director of the Clean Community System, Inc. program through July 31, 1983. Funds are available from the 8th Year Community Development Block Grant program. 10. Endorsing the guidelines proposed for public library construction grants now available under the Federal Jobs Bill, with the exception that the Texas State Library Commission be urged to modify or eliminate the minimum standards for square footage of a library facility. The guidelines, as proposed for State adoption on June 3, 1983, are conceptually unacceptable and outdated, and would require a main library serving a 232,134 population to be approximately 82,000 square feet. 11. Authorizing an industrial district agreement with DeBer, Inc. covering a 7.87 acre tract of land located on the south side of U p River Road west of Goldston Road. DeBer, Inc. has purchased this land from Gulf States Oil and Refining Company and wishes to sign an industrial district agreement to cover it. DeBer, Inc. is involved in oil field products manufacturing and service and general construction. Mayor Jones ascertained that no one in the audience wished to speak on these items. A motion was made by Council Member Zarsky that the foregoing motions numbers 1 through 11 be approved; seconded by Council Member Hawkins; and passed by the following vote: Jones, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Dumphy, "absent"; Kennedy, absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Jones then called for Consent Ordinances and Ordinances from Previous Meetings on items 12 through 23. Ates Regular Council Meeting June 1, 1983 Page 5 City Manager Martin informed the Council that he would like to withdraw item 17 which is an ordinance granting zoning because the Staff does not have a legal description of the property at this time. No one in the audience spoke in regard to these ordinances. City Secretary Read polled the Council for their votes and the following ordinances were passed: 12. ORDINANCE NO. 17614: AMENDING THE INDUSTRIAL DISTRICT AGREEMENT WITH KOCH REFINING COMPANY BY ADDING TO EXHIBIT "A" OF THE AGREEMENT 81.5 ACRES AND 12.9 ACRES PURCHASED FROM GULF STATES OIL AND REFINING COMPANY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Gulley, Hawkins and Zarsky voting, "Aye"; Turner, Dumphy and Kennedy, absent. 13. ORDINANCE NO. 17615: AMENDING THE INDUSTRIAL DISTRICT AGREEMENT WITH TURNER TOOL JOIN REBUILDERS CORPORATION BY ADDING TO EXHIBIT "A" OF THE AGREEMENT 11.33 ACRES PURCHASED FROM GULF STATES OIL AND REFINING COMPANY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Gulley, Hawkins and Zarsky voting, "Aye"; Turner, Dumphy and Kennedy, absent. 14. ORDINANCE NO. 17616: CANCELLING THE INDUSTRIAL DISTRICT AGREEMENT WITH GULF STATES OIL AND REFINING COMPANY, CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 9; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Gulley, Hawkins and Zarsky voting, "Aye"; Turner, Dumphy and Kennedy, absent. 15. ORDINANCE NO. 17617: AMENDING THE INDUSTRIAL DISTRICT AGREEMENT WITH AMERICAN CHROME AND CHEMICALS, INC. BY ADDING TO EXHIBIT "A" OF THE AGREEMENT 5 ACRES PURCHASED FROM PPG INDUSTRIES, INC.; AND DECLARING AN EMERGENCY. tes Regular Council Meeting June 1, 1983 Page 6 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Gulley, Hawkins and Zarsky voting, "Aye"; Turner, Dumphy and Kennedy, absent. 16. ORDINANCE NO. 17618: AMENDING THE INDUSTRIAL DISTRICT AGREEMENT WITH PPG INDUSTRIES, INC. BY DELETING FROM EXHIBIT "A" OF THE AGREEMENT FIVE ACRES SOLD TO AMERICAN CHROME AND CHEMICALS, INC.; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Gulley, Hawkins and Zarsky voting, "Aye"; Turner, Dumphy and Kennedy, absent. 18. ORDINANCE NO. 17619: CLOSING AND ABANDONING THAT 25 FOOT WIDE PORTION OF GOLLIHAR ROAD RIGHT-OF-WAY SHOWN BY PLAT OF LOTS 1 AND 2, LYLES SUBDIVISION ANNEX; PROVIDING FOR REPLATTING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Gulley, Hawkins and Zarsky voting, "Aye"; Turner, Dumphy and Kennedy, absent. 19. ORDINANCE NO. 17620: AUTHORIZING AN APPRAISAL AGREEMENT WITH JOHN A. ERICKSON FOR REAL ESTATE APPRAISAL SERVICES FOR THE ACQUISITION OF TWO PARCELS IN CONNECTION WITH THE HEARN ROAD STREET REALIGNMENT PROJECT; APPROPRIATING $500 FOR THIS AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Gulley, Hawkins and Zarsky voting, "Aye"; Turner, Dumphy and Kennedy, absent. 20. SECOND READING: AMENDING THE CODE OF ORDINANCES, BY AMENDING ARTICLE II, MARINA SECTION, CHAPTER 12, BAYS, BOATS AND WATERWAYS, SECTION 12-79, SLIP RENTAL CONTRACT BY ADDING SUB -PARAGRAPH (h) TITLED REBATE FOR TRANSIENT CRAFT USAGE OF CONTRACTED SLIPS WHILE VACANT, ESTABLISHING A REBATE BASED UPON A PRO -RATA SHARE TO BE RETURNED TO THE CONTRACT SLIP TENANT OR SUB -LEASE TENANT WHEN THEIR SLIP IS RENTED TO A TRANSIENT CRAFT, AND ESTABLISHING A REQUIREMENT THAT SLIP TENANTS, INCLUDING SUB -LEASE TENANTS, NOTIFY THE MARINA OFFICE OF jtes Regular Council Meeting June 1, 1983 Page 7 VACANCY, AS A CRITERIA FOR REBATE, SPECIFICALLY AMENDING ORDINANCE NO. 13462, SECTION 1; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed by the following vote: Jones, Gulley, Hawkins and Zarsky voting, "Aye"; Turner, Dumphy and Kennedy, absent. 21. SECOND READING: AMENDING THE ELECTRICAL CODE BY ESTABLISHING THE REQUIREMENT THAT ELECTRICAL SERVICE ENTRANCE EQUIPMENT BE PROVIDED WITH MINIMUM LEVELS OF FAULT CURRENT PROTECTION; PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 1983; PROVIDING FOR SEVERENCE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed by the following vote: Jones, Gulley, Hawkins and Zarsky voting, "Aye"; Turner, Dumphy and Kennedy, absent. 22. SECOND READING: AUTHORIZING A LEASE AGREEMENT WITH THE LEAGUE OF UNITED LATIN AMERICAN CITIZENS (LULAC) COUNCIL NO. 1 FOR THE LEASING OF THE PREMISES OF THE GRANDE-GROSSMAN HOUSE FOR THE RESTORATION AND USE OF THE PREMISES. The foregoing ordinance was read for the second time and passed by the following vote: Jones, Gulley, Hawkins and Zarsky voting, "Aye"; Turner, Dumphy and Kennedy, absent. 23. THIRD READING - ORDINANCE NO. 17621: AUTHORIZING A CONTRACT WITH SANBORN'S INTERNATIONAL TRAVEL SERVICE TO PROVIDE FULL TRAVEL SERVICE AT CORPUS CHRISTI INTERNATIONAL AIRPORT FOR A PERIOD OF THREE YEARS. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Gulley, Hawkins and Zarsky voting, "Aye"; Turner, Dumphy and Kennedy, absent. * * * * * * * * * * * * * * * Mayor Jones called for Action by Motion from the Regular Agenda on the following item: ites Regular Council Meeting June 1, 1983 Page 8 *24. The agreement between the City and Mr. Fernando Turegano, contract sculptor of the Seabird Sculpture (approved October 7, 1981 by Ordinance No. 16587), be considered for amendment to include the following changes, as recommended by the Municipal Arts Commission. a) Change the location of the sculpture from the far east on the main plaza of the Bayfront Plaza to the grassy median between the Convention Center and the Harbor Playhouse. b) Extend the contract period from June 7 to June 30, 1983 to allow the sculptor adequate time to locate the sculpture at the new site. This item was tabled last week until the presentation on the Zion Plan. A motion was made by Council Member Hawkins that the foregoing item be approved, seconded by Council Member Zarsky. Council Member Gulley objected to the change of location of the sculpture because he felt that the far east side of the main plaza would be a preferable location. Mayor Jones stated that he will vote in favor of this motion because of the recommendation of Mr. Zion. A motion was made by Council Member Hawkins that item 24 be tabled until June 15th when more of the Council Members will be present; seconded by Council Member Zarsky and passed by the following vote: Jones, Hawkins and Zarsky voting, "Aye"; Gulley voting, "No"; Turner and Dumphy, "absent"; Kennedy, absent at the time the vote was taken. * * * * * * * * * * * * Mayor Jones called for Actions from Ordinance from the Regular Agenda on items 26 through 28. City Manager Martin referred to the first reading of the ordinance providing for a permit for users of burglar alarm systems and reminded the Council that they had requested that a study be prepared on the possibility of charging fees for false alarms. He explained that the best system to deal with this is through a regulatory method involving the companies through licensing but this method is not available for cities in Texas; therefore, several Texas cities have been forced to handle this problem through some type of penalty. He informed the Council that there may be some objections to the following: (1) definition of false alarm; (2) permit fee with the Police Department; and (3) the system of penalty or fine basis. He stated, however, that the Staff feels that this approach will hopefully reduce the number of false alarms and reduce the cost of service to citizens. * This item was tabled for two weeks - See page tes kegular Council Meeting June 1, 1983 Page 9 Mayor Jones commented that according to the report presented to them, there are an average of thirty-six false burglar alarms daily. Council Member Gulley stated that he is in favor of this type of ordinance because of the waste of time by the Police Department in answering the alarms. He noted that there is a question as to whether the false alarm is an equipment failure, malfunctioning, or by adverse weather conditions. He also questioned the advisability of retaining lists of people who have burglar alarm systems. City Manager Martin referred to the confidentiality of the list and stated that he did not think people could obtain copies of that list, since the City has quite a lot of confidential information that is kept secret. He expressed the opinion that if a copy of the list was obtained by someone, the only information provided would be the names of people who have burglar alarm systems and he saw no harm in that. He also expressed the opinion that the maximum number of five alarms allowed before a fee is charged is reasonable. Discussion among the Council Members followed. * Council Member Charles Kennedy arrived at the meeting at 2:40 p.m. Mayor Jones called for comments from the audience on this ordinance. Mr. Ken Riley, 5618 Safari, stated that he represents a private security company. Mr. Riley questioned some of the statements made in the memorandum pertaining to this ordinance and stated that operator neglect forces certain conditions which result in false alarms. He stated that one of the conditions creating false alarms is extreme sensitivity which could cause the weather to activate the system. He stated that there is a need for private security and explained the operation of his equipment and the number of false alarms that are turned in as compared to responses by the Police Department. He stated that it was not possible to penalize the alarm system company but instead, the customers are the ones who will be penalized. He also objected to the fact that governmental entities are exempt from this ordinance. He expressed the opinion that the proposed ordinance has too much leeway and noted that sometimes, the Police Department qualifies alarms as being false when they are not. Council Member Gulley suggested that the Staff work with the security companies to revise this proposed ordinance so that everyone could agree to the terms. City Manager Martin stated that this ordinance is a three -reading one and the problems could be worked out prior to the third reading. Mr. Riley expressed the opinion that there should be a grace period after initial installation of systems until the system has been perfected. He also suggested that repairs to systems might create several false alarms. He stated that his company actually works with the Police Department in answering alarms because they have personnel on duty from 6:00 p.m. until 6:00 a.m., daily. He estimated that there are 3,000 to 4,000 burglar alarm systems in the City. Mr. Riley also informed the Council that the Dallas ordinance requires that the .tes kegular Council Meeting June 1, 1983 Page 10 intermediary of out-of-town companies be licensed also. Mr. Martin stated that the Staff would be glad to pattern this City's ordinance on that of the City of Dallas. Mr. Buddy Hendricks, 1318 Tyler Street, representing Stanley Smith Security, Inc., questioned the confidentiality of the list in the Police Department because there is the possibility of a conflict of interest by a member of the Police Department. He explained that one of the companies is owned by a police officer and his company does object to this competitor having a list of their customers. He expressed the opinion that this is a major problem because of the possible conflict of interest and the fact that this police officer has access to the records. He also stated that his company does not receive the proper response to the alarms. He agreed that there is a need for an ordinance but he objected to some of the definitions of false alarms. He expressed the opinion that a small percentage of the companies are creating a lot of the problems. Mayor Jones inquired about the degree of responsibilities that the companies have for false alarms, and Mr. Hendricks replied that he felt that it is their problem but he would like to have access to the computer system in connection with what is termed "false alarms". City Manager Martin inquired if his company charges customers for false alarms, and Mr. Hendricks stated that they attempt to at a charge of $10.00. Council Member Gulley stated that he would like to have a report on the possible conflict of interest involved with the company owned by the police officer, and City Manager Martin stated that he would have such a report prepared. Mayor Jones concurred that the Council should have a report on Police Officer Felix Ochoa who has the burglar alarm system. Mr. Hendricks also questioned some of the figures that were listed in the memorandum and questioned who had the authority to make some of the statements in the report. Mr. Ken Miller, 6205 Bradley, President of Coastal Bend Alarm Systems, stated that they have discussed the problems during their meetings and they felt that the new fees would be damaging to the business. Mr. Wayne Varney pointed out to the Council that there are more than one type of alarms and stated that some of the equipment is very inexpensively made and could set off false alarms more easily than some of the better equipment. Mr. Dennis Riley, 309 Williamson, representing the Safeguard System, stated that they had tried to work with the Chief of Police on forming an ordinance. He, too, objected to the retention of lists of owners of alarm systems and some of the questions that are included on the forms. He stated ites Regular Council Meeting June 1, 1983 Page 11 that generally, he is opposed to the proposed ordinance including the licensing fee and the requirement for a list of his customers to be supplied the Police Department because of possible misuse of the lists. Council Member Gulley stated that he was in favor of the ordinance because of the fact that there were 3,226 alarms turned in and only 29 of them were actually legitimate security problems. He pointed out the amount of time lost by the Police in answering these false alarms. Mr. Ralph Koberg, 2214 South Tancahua Street, representing the Sonitrol Security System, stated that he would like to see a very strict false alarm system ordinance because his system is not subject to accidental activation. He agreed that the false alarms are a chronic problem and pointed out that there is another problem in that if a police officer is accustomed to answering false alarms, he would not properly respond to a real alarms. He suggested that a task force made up of industry representatives, police representatives and City Staff members attempt to identify the problem accounts and if an ordinance has to be passed, that the Staff consider some of the suggestions made by industry representatives to be included in the ordinance. He explained that their major problems with false alarms are the users who do not turn off the system when they enter their place of business or residence; the telephone company activates a major portion of the false alarms; and possibly, 10% are created by the power companies. He stated that there are also problems created by the installation of the wrong type of security system. A motion was made by Council Member Gulley that this ordinance be tabled for no longer than four weeks until the Staff, Police Department and the industry representatives have an opportunity to further discuss the ordinance. The motion was seconded by Council Member Hawkins and passed unanimously by those present and voting. City Manager Martin referred to Ordinance No. 27 which is the first reading of an ordinance adopting a policy governing the temporary closure of streets for public events. He stated that the Staff has devised a firm policy which provides for different types of events, and this ordinance will allow the Council to designate the Staff to approve some of these one -day street closings. He stated that for very small events on minor streets, Staff members would be able to approve temporary street closings, but major events would still be presented to the Council for approval. There were no comments on this ordinance or Ordinance No. 28. City Secretary Read polled the Council for their votes and the following ordinances passed: tes Regular Council Meeting June 1, 1983 Page 12 27. FIRST READING: AMENDING THE CODE OF ORDINANCES, CHAPTER 49, STREET AND SIDEWALKS, TO PROVIDE PROCEDURES AND REQUIREMENTS FOR THE TEMPORARY CLOSURE OF STREETS FOR PUBLIC EVENTS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dumphy, absent. 28. ORDINANCE NO. 17622: CLOSING LEOPARD STREET BETWEEN McKINZIE ROAD AND PEACHTREE STREET FROM 9:00 A.M. UNTIL 6:00 P.M. SUNDAY, JUNE 26, 1983; PERMITTING THE NORTHWEST BUSINESS ASSOCIATION THE USE OF THE STREET, MEDIAN AND ROADWAY RIGHT-OF-WAY TO HOST A NORTHWEST SUMMER FEST; AUTHORIZING EXECUTION OF ATTACHED APPLICATION/PERMIT; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dumphy, absent. * * * * * * * * * * * * * Mayor Jones announced the public hearings on four zoning applications. 29. Application No. 483-9, Mr. Joe Fulton, for a change of zoning from "A-1" Apartment House District to "B-4" General Business District being 30.00± acres out of Lots 18, 19 and 20, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, located approximately 650' south of Wooldridge Road and approximately 625' east of S. Staples Street. Assistant City Manager Tom Utter informed the Council that of the five notices of the public hearing that were mailed, three in favor and none in opposition had been returned. He stated that the Planning Commission recommends approval but the Staff recommends denial because although the Staff is not opposed to the overall idea of the development, they feel that PUD zoning would be preferable. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area, noting that there is an apartment project at the north of this tract of land which faces on Wooldridge, and showed slides of the vicinity. He explained that the Staff is concerned that with the amount of acreage involved, there will be several acres of "B-4" zoned property and the Staff questions the impact on the neighborhood. He stated that the Staff feels that a PUD zoning would be preferable to the "B-4" zoning. rtes Regular Council Meeting June 1, 1983 Page 13 Mr. J. W. Gary, representing Mr. Joe Fulton, noted that there is already "B-4" zoning on Staples Street. He explained that they propose to zone the area presently zoned "A-1" to "B-4" so that all of that tract would be zoned the same. He noted that this would provide flexibility in development. He explained that the developer plans to scatter the "B-4", "A-2", etc. throughout the tract but they do not have a definite plan yet but they do plan a complex that would permit both business and apartment uses. He explained that Mr. Fulton plans to join the property owners to the south in developing apartments, office buildings and businesses. Council Member Zarsky agreed that this seems reasonable but if "B-4" zoning is approved, the City would have no input into the development of this very large tract. Mr. Gary stated that they realize that they will have to replat this area which will have to satisfy the requirements for traffic, drainage, sewer, etc. Mr. Utter stated that if all of the streets are going to be laid out in the same fashion as the plann displayed by Mr. Gary indicates and the proper mix of apartments and business is accomplished, then the Staff would not object to that. He noted that this is a 30 -acre tract, and if "B-4" zoning is approved, the City would not have any input into the development. Mr. Gary again pointed out that there is a need to have enough "B-4" zoning to provide flexibility in their plans. He noted that there is excellent access to this property which would attract a developer of a regional shopping center. Mr. Utter concurred that the applicant will have to approach the City for platting but if "B-4" zoning is approved, then the City needs to be assured that the overall concept of having several types of uses such as apartments, business, professional offices, etc. will be adhered to. Council Member Gulley agreed that since they will have to present a plat for approval, the City could check the street layout at that time. Council Member Zarsky stated that as long as Shell Land Management, Inc., owns this property, we would not apprehensive about approving "B-4" zoning. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Gulley and passed unanimously. A motion was made by Council Member Hawkins that "B-4" zoning be approved for Application No. 483-9; seconded by Council Member Gulley; and passed unanimously. City Secretary Read polled the Council for their votes on the ordinance and it passed as follows: Ates Regular Council Meeting June 1, 1983 Page 14 29. ORDINANCE NO. 17623: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JOE FULTON BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOTS 18, 19, AND 20, SECTION 12, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "A-1" APARTMENT HOUSE 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, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dumphy, absent. * * * * * * * * * * * * * * 30. Application No. 483-10, Ms. Alice K. Mulanax, for a change of zoning from "R-2" Multiple Dwelling District to "B-1" Neighborhood Business District on Lot 8, Block 1, Carroll Place No. 7, located on the north side of Holly Road, approximately 250' west of Carroll Lane. Assistant City Manager Utter informed the Council that in response to the notices of the public hearing, three in favor and one in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend denial of the "B-1" zoning but in lieu thereof, that "A-1" zoning be approved. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. Mayor Jones ascertained that no one representing the applicant was present. Mrs. A. Compton asked for the meaning of "A-1" zoning and Mr. Utter replied that "A-1" allows twenty-one units per acre and "B-1" zoning would be for neighborhood businesses. Mrs. Compton expressed concern because she owns property adjacent to this tract. Mr. Wenger pointed out that Mrs. Compton's property is zoned for business already. Council Member Zarsky inquired if the applicant had indicated that they would accept the "A-1" zoning, and Mr. Utter stated that they did not indicate any adverse reaction to the recommended "A-1" zoning. A motion was made by Council Member Zarsky that the hearing be closed, seconded by Council Member Hawkins and passed by the following vote: Jones, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, "absent at the time the vote was taken"; Turner and Dumphy, absent. Ates Regular Council Meeting June 1, 1983 Page 15 City Secretary Read polled the Council for their vote on the ordinance and it passed as follows: 30. ORDINANCE NO. 17624: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ALICE K. MULANAX BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 8, BLOCK 1, CARROLL PLACE NO. 7, FROM "R-2" MULTIPLE DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Gulley, Hawkins and Zarsky voting, "Aye"; Turner, Dumphy and Kennedy, absent. * * * * * * * * * * * * * 31. Application No. 483-11, Country Estates West II, A Partnership, for a change of zoning from "A-1" Apartment House District and "R-2" Multiple Dwelling District to "R -1C" One -family Dwelling District being 13.457± acres out of the Gregoria Farias Grant, A-592, Nueces County, Texas, located between Brookhill and Brookhaven Drives, approximately 75' south of McBurnett Drive. Mr. Utter informed the Council that of the sixty-one notices of the public hearing that were mailed, fifteen in favor and none in opposition had been returned and that both the Planning Commission and Planning Staff recommend approval. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrrounding area, and showed slides of the vicinity. No one spoke in regard to this application. A motion was made by Council Member Gulley that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Council Member Gulley that the zoning of "R -1C" be approved for Application No. 483-11; seconded by Council Member Hawkins; and passed unanimously. City Secretary Read polled the Council for their votes on the ordinance and it passed as follows: 31. ORDINANCE NO. 17625: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF COUNTRY ESTATES WEST II, BY CHANGING THE ZONING MAP IN REFERENCE TO PORTIONS OUT OF THE GREGORIO FARIAS GRANT, A-592 NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT AND "R-2 " MULTIPLE DWELLING DISTRICT TO "R -1C" ONE FAMILY DWELLING .tes Regular Council Meeting June 1, 1983 Page 16 DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dumphy, absent. * * * * * * * * * * * * * 32. Application No. 483-12, Mr. C. T. Bach, for a change of zoning from "1-2" Light Industrial District on Tract 1 and "1-2" Light Industrial District, "B-4" General Business District, and "A-2" Apartment House District on Tract 2 to "B-4" General Business District on Tract 1 and to "T -1B" Mobile Horne Park District on Tract 2, Tract 1 being 4.30± acres and Tract 2 being 34.55± acres, both Tracts out of Lots 1-D and 2-D, Block 4 of the J. C. Russell Farm Lots, located on the northeast corner of N. Padre Island Drive and Bear Lane. Mayor Jones reminded the Council that this was the case on which the 20% was in effect. A motion was made by Council Member Zarsky that this hearing be recessed until June 22, 1983; seconded by Council Member Gulley; and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for the City Manager's Report. City Manager Martin referred to the issue discussed the preceding week on the equitable distribution of funds for Senior Citizens Program to the City of Corpus Christi from the Coastal Bend Council of Governments. He informed the Council that at the COG meeting on Friday, the Staff made a presentation; a motion was made that a substitute formula be devised in order to set a precedent -- not to receive more money -- and the City was successful with the COG matter on a very close vote and will be receiving additional funds based on the City's population. City Manager Martin also pointed out that four Council Members only will be in the City next week so he hoped that all of them could be present. He stated that if one of the zoning cases scheduled for June 8 becomes a 20% rule case, he would suggest that they take the same action as they did on the zoning case for Mr. C. T. Bach. The Council indicated their concurrence with this plan. * * * * * * * * * * * * * * * There being no further business to come before the Council, on motion by Council Member Zarsky, seconded by Council Member Hawkins and passed unanimously, the Regular Council Meeting was adjourned at 5:00 p.m., June 1, 1983. DZ/rr