HomeMy WebLinkAboutMinutes City Council - 06/22/1983MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
JUNE 22, 1983
2:00 P.M.
Present
Mayor Luther Jones
*Mayor Pro Tem Betty Turner
Council Members
Jack K. Durnphy
Bob Gulley
Herbert Hawkins, Jr.
*Dr. Charles Kennedy, Jr.
Cliff Zarsky
City Manager Edward Martin
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Luther Jones called the meeting to order in the Council Chambers of
City Hall.
The invocation was given by Mr. Joe Adame in the absence of the invited
Minister, following which the Pledge of Allegiance to the Flag of the United
States was led by Council Member Bob Gulley.
City Secretary Bill G. Read called the roll of required Charter Officers
and verified that the necessary quorum was present to conduct a legally
constituted meeting.
* * * * * * * * * * * * * * *
Mayor Jones announced bid opening on the following engineering project:
Flynn Parkway Drainage Modifications Project. 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.
Assistant City Manager James K. Lontos opened bids on this project from
the following firms: B & B Builders, Boer -Gear Constructors, C & C Industrial
Builders, DeBer, Inc., Goldston Corporation, Maverick Construction Co., E.
J. Netek Construction Co., Park & Smyers, and Texas Marine, Inc..
Mr. Lontos verified that each bidder had submitted the required bid
security bond.
Mayor Jones expressed appreciation to 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.
* * * * * * * * * * * * * * *
118616Tdas
.rtes
..egular Council Meeting
June 22, 1983
Page 2
Mayor Jones called for action of the Council from the Workshop Session on
the following items:
Merit salary increases for City Manager Ed Martin of 4.25 percent and City
Secretary Bill G. Read of 4 percent.
BOARD APPOINTMENTS
Building Code Board of Appeals Sister City Committee
(Term to 5/4/87) (Term to 5/84)
J. R. Fulton (General Contractor) Mrs. Mary Donohoe
George E. Clower, Jr. (Architect)
A motion was made by Council Member Zarsky the foregoing items be
approved, seconded by Council Member Dumphy and passed unanimously.
* * * * * * * * * * * * * * *
Mayor Jones called for consideration of the motions from the Consent
Agenda on items 1 though 17.
1. Bids be received July 26, 1983 for a twelve months supply agreement for
Automatic Transmission Overhaul Repair Service for automobiles and light
trucks. The service will be utilized by all departments of the City. This
bid invitation includes requirements for Nueces County under a cooperative
bid request.
2. Purchase of a three months supply of 45,970' of " - 2" copper tubing to
be used by Water, Gas and Transit be approved from Amfac Plumbing
Supply, Corpus Christi, for $32,689.21. Eleven bid invitations were
issued and six bids were received. Prices have increased an average of
15% since the last purchase in December, 1982. Bids are not solicited for
a longer period of time because the price of copper fluctuates frequently.
3. Twelve months_ supply agreement for approximately 1410 94 Ib. bags of
Portland Type I Cement for use in building manholes, curbs, gutters and
sidewalk repair be approved based on low bid from Stone Company, Corpus
Christi, for $5,076.00. Four bid invitations were issued and three bids
were received. Prices have decreased an average of 2% since the previous
contract of June, 1982.
4, Twelve months supply agreement for non -captive vehicle filters be awarded
to Industrial Lubricants, Corpus Christi, based on low bid of 36% discount
off the publishers price list. The estimated expenditure is $20,000. Price
reflects an 11% decrease since last contract. The decrease is due to
factory concession passed through to the City caused by increased
competition by area dealers. Twenty-five bid invitations were issued and
nine bids were received.
5. Twelve months supply agreement for approximately 10,885 801b. bags of
normal strength concrete mix to he used by various City activities be
approved based on low bid to Stone Company, Corpus Christi, for
$20,137.25. Four bid invitations were issued and three bids were
received. Prices have decreased an average of 6% since the previous
contract of June, 1982.
Utes
kegular Council Meeting
June 22, 1983
Page 3
6. Twelve months supply agreement be approved for the following for transit
bus parts:
Muncie Reclamation, Inc. Mohawk Mfg. & Supply
Muncie, Indiana $25,000.00 Niles, Illinois
Southern Coach Parts Graham Brake & Diesel
Birmingham, Ala. $25,000.00 Plano, Texas
Hausman Bus Sales & Parts Co.
Chicago, III. $12,500.00
GRAND TOTAL:
$25,000.00
$12,500.00
$100,000.00
An award is recommended to all five bidders with the estimated amounts
based on past twelve months purchases. At the time of need, the Transit
System will compare net prices of each item and order from low bidders.
In the event of stock -outs, the items will be ordered from the second and
third low bidders and so on. Net prices are determined by the percent of
discount from the various price lists submitted by each bidder.
7. A contract for printing 250 City Zoning Map Books be awarded to
Grunwald Printing Company, Corpus Christi, on the basis of low bid of
$7,500. Prices have increased 22% over the previous order in December,
1981. These books will be stocked in Stationery Inventory and sold to the
general public. Five bid invitations were issued and two bids were
received.
8. Kitchen equipment and supplies including napkins, table cloths, glass
racks, dish carts, dollies and cup racks be purchased from Delta
Restaurant Equipment, Corpus Christi, on the basis of low bid of
$11 ,383.80. Three bids were received. Money for the purchase of these
items was included in an appropriation from the Convention Center Bond
Fund approved in March, 1983.
9. Stage and dance floor equipment for the Convention Center in the amount
of $18,582.66 be purchased from SICO, Inc., Minneapolis, Minn. SICO
was the only bidder since the equipment must match existing equipment.
Money for the equipment was included in an appropriation of the
Convention Center Bond Fund approved in March, 1983.
10. Five traffic signal controllers for Traffic Engineering be purchased from
Doerr Associates, Arlington, Texas, for the total amount of $22,825.00.
Four of the controllers are based on low bid. The fifth controller is based
on second low bid which is $521 more than the low bid of Signal
Engineering of Corpus Christi because the controller is solid-state pretimed
which is less costly to maintain and will allow for more flexibility in
coordinating timing with other signals. Three bids were received. The
controllers will replace ones at Baldwin and Morgan, Baldwin and Port,
Morgan and Crosstown frontage road, Santa Fe and Louisiana and Ocean
Drive and Airline. The existing controllers are 12-15 years old and
replacement parts are no longer available. The controllers for the first
three intersections are included in the 6th Year Community Development
Block Grant and the ones for the last two intersections are in the 1982-83
Revenue Sharing Budget.
utes
Regular Council Meeting
June 22, 1983
Page 4
11. Setting a public hearing for July 6, 1983 at City Hall, Council Chambers
and for July 8, 1983 in an open area south of Cedar Pass Drive and
Shannon Drainage Ditch at 8:00 a.m. for the annexation of a 32.93 acre
area out of Lot 8, Section 19, Bohemian Colony Lands, being platted as
Cedar Ridae Unit 1 and an 8.6 acre area out of Lots 2, 3, 4 & 5, Section
11, and Lot 8, Section 19, Bohemian Colony Lands which is the
right-of-way for Shannon Drainage Ditch.
12. Setting a public hearing for July 6, 1983 at City Hall, Council Chambers
and for July 8, 1983 in an open area north of Whitecap Boulevard just east
of Padre Island Drive at 9:30 a.m. for annexation of an 18 acre area being
Lots 1, 2 and 3, Block 37, all of Blocks 38 and 39, a portion of Block 45,
all of Pontevedra Drive, a portion of Whitecap Boulevard, Padre Island,
Corpus Christi, Section 1-1, Unit 1, Blocks 32 thru 45, being platted as
Can Harbor Bay - Padre Island - Corpus Christi.
13. A public hearing be held on July 6, 1983 to consider a closure request of
a 20 foot wide alley in Water Block 8, Beach Portion. The request was
made by Stark Shoreline Company prior to the construction of a
multi -story office building on Shoreline Boulevard between Mann and Twigg
Streets.
14. A public hearing be held on July 6, 1983 on the closure request of
Whiteley Drive fronting Lot 49, Laguna Madre Cove. This street currently
dead -ends in the extreme south end of Flour Bluff, and in addition to the
closure request across Lot 49, the applicant is requesting a revocable
easement for private use of Whiteley Drive fronting Lot 48, Laguna Madre
Cove.
15. A public hearing be held July 20, 1983 to consider closing approximately
350 linear feet of Hearn Road in the Five Points Area. This closure
request is related to the proposed improvements in the Five Points Area
which are currently under contract by the State Department of Highways
and Public Transportation.
16. A change order in the amount of $13,970 to the contract with American
Roofing & Construction Company for Portable Classrooms for Nueces
County Community Action Agency be approved. The change order
provides for the installation of additional wooden handicapped ramps,
window guards for security purposes, and electric drinking fountains to
comply with Department of Human Resources' licensing requirements.
17. The Fire Station No. 13 reroofing project be accepted and final and total
payment be made to South Texas Urethane Company of $6,670.00. Fire
Station No. 13 reroofing was done with a polyurethane roof system.
Project funds were included in the 1982-83 Fire Department Budget.
Mayor Jones ascertained that no one in the audience wished to comment on
any of these items.
.utes
Regular Council Meeting
June 22, 1983
Page 5
A motion was made by Council Member Dumphy that the foregoing items be
approved, seconded by Council Member Zarsky and passed by the following
vote: Jones, Dumphy, Gulley, Hawkins, and Zarsky voting "Aye"; Turner and
Kennedy absent at the time the vote was taken.
* * * * * * * * * * * * * * *
Mayor Jones called for consideration of consent ordinances and ordinances
from previous meetings on items 18 through 27.
Council Member Hawkins referred to item 25 and expressed opposition to
the closing of Second Street primarily because the applicant, Spohn Hospital,
will benefit from this street closing by acquiring the land which will be
abandoned. He expressed the opinion that they should pay for the acquisition
of this land.
*Mayor Pro Tern Betty Turner arrived at the meeting at 2:29 P.M.
Assistant City Manager James K. Lontos located Second Street on a
transparency and stated that it would not be closed until Elizabeth Street has
been paved. He explained that Spohn Hospital made this request and the Staff
concurred if a 2C fcct wide paved fire lane out of the north 200 feet of the
existing Second Street right-of-way is maintained with the applicant to
construct a cul-de-sac out of the south end of the north 200 feet of
right-of-way. He also explained that an alley is to be closed provided it can
be used as a utility easement and there is retention of another 20 foot wide fire
lane in the east west portion of the alley from Second Street 140 feet westerly
to Third Street and that the applicant replats its property in the west half of
Flock 1 and all of the property in Block 11 Ocean View Subdivision.
Council Member Hawkins again expressed concern because he stated he did
not know that Spohn Hospital planned to construct the parking garage on this
side of the facility at this time. He again objected to closing streets without
compensation to the City.
Council Member Gulley stated that he felt that if property owners donated
right-of-way for streets at the time of development, they should have the
property returned to them if the street is closed.
Mayor Jones inquired if there were any comments from the audience on
Ordinances 18 through 27, and there was no response.
City Secretary Read polled the Council for their vote and the following
ordinances were passed:
18. SECOND READING:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND PENDARIS CORP-
ORATION FOR THE ANNEXATION OF APPROXIMATELY 152.88 ACRES OF LAND
KNOWN AS WOOD RIVER SUBDIVISION NUECES COUNTY, TEXAS; FINDING
ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL
JURISDICTION GF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING,
CONTIGUOUS, AND ADJACENT THERETO: PROVIDING FOR SEVERABILITY.
utes
Regular Council Meeting
June 22, 1983
Page 6
The foregoing ordinance was read for the second time and passed to a third
reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and
Zarsky voting "Aye"; Kennedy "absent".
19. SECOND READING:
AMENDINC ORDINANCE NO. 4168, PLATTING ORDINANCE, BY ADDING A NEW
PARAGRAPH TO SECTION II, DEFINITIONS„ AMENDING SECTION III,
PROCEDURE, AND ADDING A NEW PARAGRAPH TO SECTION IV, DESIGN
STANDARDS.
The foregoing ordinance was read for the second time and passed to a third
reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and
Zarsky voting "Aye"; Kennedy "absent".
20. SECOND READING:
AUTHORIZING AN AMENDMENT TO THE LEASE AGREEMENT WITH THE CORPUS
CHRISTI ARTS COUNCIL FOR THE MERRIMAN-BOBYS HOUSE 50 AS TO
EXTEND THE LEASE TO 20 YEARS FROM THE DATE OF THIS ORDINANCE AND
REQUIRING THE CORPUS CHRISTI ARTS COUNCIL TO ASSUME ALL UTILITIES
AND MAINTENANCE CF THE HCUSE OTHER THAN WATER, SEWER, AND
GARBAGE.
The foregoing ordinance was read for the second time and passed to third
reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and
Zarsky voting "Aye"; Kennedy "absent".
21. ORDINANCE NO. 17658
AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 4 TO THE CONTRACT
WITH F & E ERECTION COMPANY, INC., FOR THE SECOND PHASE OF THE
EXPANSION OF THE OSO WASTEWATER TREATMENT PLANT WHICH PROVIDES
FOR ADDITIONAL ASPHALT AND CONCRETE PAVEMENT; APPROPRIATING
$69,598.06 FOR THE CHANCE ORDER; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vete: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting
"Aye"; Kennedy "absent".
22. ORDINANCE NO. 17659
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JOHN KELTNER,
FOR CITY PARTICIPATION IN CONSTRUCTION OF A HEADWALL AND
REMAINING ELEMENTS OF THE AIRLINE ROAD BRIDGE IN RELATION TO THE
WOOLDRIDGE-STAPLES CHANNEL, PHASE II; APPROPRIATING $22,026.00 FOR
THIS AGREEMENT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vete: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting
"Aye"; Kennedy "absent".
Jtes
..-gular Council Meeting
June 22, 1983
Page 7
23. ORDINANCE NO. 17660
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ERYAN TUCKER
FCR CITY PARTICIPATION IN CONSTRUCTION OF A BRIDGE IN AN EXISTING
DRAINAGE RIGHT-OF-WAY AND DITCH ALONG THE NORTHWESTERN
BOUNDARY OF THE CRESTMONT UNIT VII SUBDIVISION; APPROPRIATING
$23,106.05 FOR THIS AGREEMENT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting
"Aye"; Kennedy "absent".
24. ORDINANCE NO. 17661
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HENRY TUCKER,
FOR CITY PARTICIPATION IN PAVING IMPROVEMENTS ON EVERHART ROAD
AND YCRKTOWN ECULEVARD; APPROPRIATING $146,783.51 FOR THIS
AGREEMENT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting
"Aye"; Kennedy "absent".
25. ORDINANCE NO. 17662
CLOSING AND ABANDONING SECOND STREET BETWEEN MORGAN AVENUE AND
ELIZABETH STREET, SHOWN AND DEDICATED BY PLAT OF OCEAN VIEW
SUBDIVISION; CLOSING AND ABANDONING THE 15 FOOT WIDE ALLEY IN
BLOCK II, OCEAN VIEW SUBDIVISION FROM ELIZABETH STREET TO THE
NORTH LOT LINES OF LOTS 5 AND 18, OCEAN VIEW ADDITION; CLOSING
AND ABANDONING THE 20 FOOT WIDE EAST/WEST ALLEY ALONG THE SOUTH
LOT LINE OF LOT 4, OCEAN VIEW ADDITION; PROVIDING FOR REPLATTING;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, and Zarsky voting "Aye";
Hawkins, "No; and Kennedy "absent".
26. ORDINANCE NO. 17663
APPROPRIATING $166,000 FOR PREVIOUSLY APPROVED SIXTH YEAR
COMMUNITY DEVELOPMENT SPCHN HOSPITAL GAS LINE RELOCATION AND
IMPROVEMENT PROJECT AND FOR THE PREVIOUSLY APPROVED EIGHTH YEAR
COMMUNITY DEVELOPMENT WASHINGTON COLES III GAS LINE RELOCATION
MW IMPROVEMENTS PROJECT; AND AUTHORIZING REIMBURSEMENT TO THE
GAS FUND FOR SERVICES PERFORMED; ANL DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting
"Aye"; Kennedy "absent".
utes
i.egular Council Meeting
June 22, 1983
Page 8
27. ORDINANCE NO. 17664
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF RESOURCE
CAPITAL COMPANY, TRUSTEE, BY CHANGING THE ZONING MAP IN
REFERENCE TO TRACTS 1 ANC 2 BEING PORTIONS OUT OF LOTS 7 AND 8,
SECTICN 19, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS,
FROM "F -R" FARM -RURAL DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT
ON TRACT 1, AND "B-4" GENERAL BUSINESS DISTRICT ON TRACT 2; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting
"Aye"; Kennedy "absent".
* * * * * * * * * * * * * * *
Mayor Jones called for consideration of action by ordinance from the
regular agenda.
City Manager Martin stated that ordinance 28 is simply changing the source
of funds for a sanitary sewer trunk line in Crestmont Subdivision.
Mrs. Countiss, who was present in the audience, indicated that she
would like to speak on Ordinance 25 even though it had already been passed.
She stated that she feels that it is very sad to give away the land from the
Second Street Closing to Spohn Hospital which is not a non-profit organization.
Mrs. Countiss expressed disappointment in this City Council because apparently
in her opinion, they always had their minds made up on issues concerning
Spohn Hospital.
Mr. Jerry Smith, Chief Engineer, explained Ordinance 29, which deals with
a utility easement along the east side of Lot 2, Block 8 Shell Road Poultry
Acres to be closed subject to re -platting. He located the area on a
transparency and stated that the Staff concurs with the closing of the utility
easement on the east of the property but the easement at the north of the
property should be retained because there are gas lines located there.
** Council Member Charles Kennedy arrived at 2:45 P.M.
There were no comments from the Council or the audience on items 28 and
24; City Secretary Read polled the Council for their votes on these two
ordinances; and the following were passed:
28. ORDINANCE NO. 17665
AMENDINC ORDINANCE NO. 17434 WHICH AUTHORIZED AN AGREEMENT WITH
BRYAN TUCKER FOR CITY PARTICIPATION IN A GRAVITY SEWER LINE AND
LIFT STATION AND AMENDING ORDINANCE NO. 17439 WHICH AUTHORIZED
ACQUISITION OF TWO EASEMENTS FOR SANITARY SEWER IMPROVEMENTS,
BOTH OF WHICH ARE APPLICABLE TC THE CRESTMONT UNITS 6 & 7, BY
CHANGING THE SOURCE OF FUNDS FRCM THE NO. 124 REVENUE SHARING
FUND TO THE NO. 250 SANITARY SEWER BOND FUND AND BY CFIANGING
THE PROJECT NO. FROM 250-82-9 TO PROJECT NO. 250-77-47; AND
DECLARING AN EMERGENCY.
utes
Regular Council Meeting
June 22, 1983
Page 9
29. ORDINANCE NO. 17666
CLOSING AND ABANDONING THE 15 FOOT WIDE UTILITY EASEMENT ON THE
COMMON LOT LINE BETWEEN LOTS 1 AND 2, BLOCK 8, SHELL ROAD
POULTRY ACRES, ANC THE 7.5 FOOT WIDE UTILITY EASEMENT ALONG THE
NORTHEAST BOUNDARY OF SAID LOT 2, TO A POINT 7.5 FEET FROM THE
EA.STERNMCST CORNER OF SAID LOT 2; PROVIDING FOR REPLATTING; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinances were passed by
the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy, and
Zarsky voting "Aye".
* * * * * * * * * * * * * * *
Mayor Jones announced a Public Hearing on the following zoning applications:
30. Application No. 483-12, Mr. C. T. Bach, for 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 "3-4" General Business District on Tract 1 and to "T -1B"
Mobile Home Park District on Tract 2 located on the northeast corner of
North Padre Island Drive and Bear Lane. Tract 1 consists of 4.30 acres
and Tract 2 34.55 acres both tracts out of Lots 1-D and 2-D, Block 4 of
the J. C. Russell Farm Lots. The public hearing on this case was
recessed on June 1 until today when a full Council would be present
because the 20 percent rule is in effect.
Assistant City Manager Tom Utter informed the Council that four notices of
the Public Hearing had been mailed and one in opposition and none in favor had
been returned but seventeen in opposition from the outside the area of
notification had been received by the City. He stated that the 20 percent rule
is in effect.
Mr. Larry Wenger, Director of Planning, explained that the hearing was
recessed on June 1, 1983 until today when a full Council would be present since
the 20 percent rule was in effect. He located the area on the Zoning and Land
Use Map, described the land use in the surrounding area, showed slides of the
area, and stated that the owners planned the development of a Mobile Horne
Park. He stated that both the Planning Commission and Planning Staff
recommend approval and stated that the reason for the Staff's recommendation is
because of the need for this type of housing in this particular area. He stated
that the tract has excellent access from Bear Lane and from Padre Island Drive.
Mayor Jones asked Mr. Wenger if he had any information on the vacancy
rate or the demand for additional mobile home parks, and Mr. Wenger stated
that he did not have any figures, but he knew there was a need for this type
of subdivision.
utes
Regular Council Meeting
June 22, 1983
Page 10
Speaking on behalf of the applicant, Mr. Bach, was Mr. Joel Mills,
architect, San Antonio, who stated that he has done a great deal of engineering
work for the company and he feels that there is a real need for mobile home
parks and noted that according to the master transportation plan, Bear Lane,
Padre island Crive, and Flato Road are major streets, either collector or
arterial, and would provide good access to the park here. He displayed an
aerial photograph and located the proposed site, pointing out the excellent
access to the site. He then displayed a plan which included an area for
commercial use as well. He explained that the park will be surrounded by a
privacy fence; it will be well landscaped; there will be a community room for
entertaining and meetings; there will be laundry facilities; and a lake will be
created on one tract. He presented a group of photographs of a similar mobile
home park that Mr. Each has developed and stated that 2 acres of land will be
dedicated for a city park. He explained the lease plan that they will put into
effect for the lots in the park and stated that he felt sure that their plans will
be developed for an outstanding mobile home park. He also noted that there
will be fewer units in this project than would be allowed under the existing
zoning of "A-2" Apartment House District.
Council Member Kennedy asked about the estimated lifetime of a park such
as this, and Mr. Williams stated that the cost of the project will be over $2
million and they feel that it is a permanent location for this use. He stated
that the zoning would not preclude commercial development, however, and it is
possible that in the future they would develop it for commercial use. Mr. Doug
WaIthall, of Maverick Engineering, explained their plans for utilities, etc. He
stated that previously there had been a problem in this area with drainage, but
they feel that they have worked this out satisfactorily by planning to construct
a drainage ditch on Bear Lane with underground conduit for utilities and there
are no utilities problems at this time.
Mr. Joe Adarne, representing the present owner of the property, Mr.
Hinojosa, stated that he is in favor of this rezoning and stated that he was
surprised that the owners to the north of this tract are opposed to the change
of zoning. He expressed the opinion the Mr. Bach will build a mobile home
park that the City can be proud of.
Mr. Dick Williams, Vice -President of Bach Company, stated that his
company plans to spend $2,958,000 for this development including the purchase
of the land. He stated that he felt that it was very unusual to spend that
amount of money for a mobile home park and future development. He explained
that they anticipate that higher use will be realized in the future for this
property and that the rental for each unit will be $160 per month which will
attract a type of resident that will keep their park a quality subdivision. He
stated that he and his wife have investigated approximately 15 mobile home
parks and there are no vacancies. They therefore feel that there is a demand
for additional mobile home parks.
j tes
Regular Council Meeting
June 22, 1983
Page 11
Mr. Michael O'Connor, representing Lantana Corporation, which owns the
tract of land north of this tract, explained the type of operation in which they
are engaged. He stated that they have a gas compressor corporation and
Gemini Corporation, which manufactures gas compressor engines, and employs
127 people. He explained that they purchased acreage north of Padre Island
Drive and requested "1-3" zoning for development of their companies, which is
a very large and noisy operation. He stated that they have expanded and they
have future plans for additional expansion, which will provide further
employment for people in the area. He emphasized the fact that their operation
is just not conclusive to having people living next door because of the excessive
noise and the bright lighting. He explained that they test gas compressors at
that location which could result in some damage, and they also have heavy
truck traffic in and out, day and night. And a large parking lot that creates
additional noise. Fle stated that they plan in the future to put in a steel
fabrication facility directly behind the structures that they have now which will
also create loud noises. He summarized by stating that they object to the
approval of zoning for residential development in the vicinity of their plant
facility because of the incompatibility of the two types of development.
Council Member Kennedy stated that although he knows that there is a
need for mobile home parks, he will vote against this zoning application, and
Mayor Pro Tem Turner indicated that she also would vote against it and since
the 20 percent rule is in effect, perhaps they could take the vote and eliminate
any further testimony.
Council Member Zarsky pointed out that the property is presently zoned
"I-2", "B-4" and "A-2" and denial of this request would not resolve the
problem for Lantana Corporation because even more units would be allowed to
be constructed in the "A-2" zoned area of Tract 2.
Mr. Jim Herring, representative of the Bach Company, informed the
Council that at the time Lantana Corporation was obtaining their change of
zoning, they assured the property owners in the area that their operation
would not be objectionable and the owner of the Lantana office had even
indicated that there would not be any noise associated with their operation. He
pointed out that they are now contending that there is a great deal of noise
associated with their plant.
Mr. Juan Gonzales, speaking on behalf of the residents in the Molina area,
expressed appreciation to the Council on their plans to deny this zoning
request and also expressed appreciation on behalf of the Cso Independent
School District.
Mr. Joe French, a property owner in the vicinity, also complimented the
Council for making this decision.
Mr. Jim Maloney pointed cut that the zoning in the entire area is for
industrial use, either heavy or light, and he felt that there was no reason to
approve residential type of zoning.
Mr. Raymond Hinojosa, Superintendent of Schools for West Oso
Independent School District, stated that they too are opposed to this zoning
LI tes
kegular Council Meeting
June 22, 1983
Page 12
because he feels that the mobile home park is really a temporary type of
installation; the school district might have to add another school in order to
provide facilities for the additional mobile home park unit owners; and there
would be no need for this school if the mobile home park is no longer in
operation in the near future. He stated that they felt that the mobile home
park would not be in operation for very long.
Mayor Jones asked Mr. Wenger if he was aware of any mobile home parks
that have been closed, and Mr. Wenger stated that he did not know of any
except Anchor Harbor which will be closed in the near future.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Hawkins and passed unanimously. A motion was
made by Council Member Kennedy that the requested zoning for Application No.
483-12 be denied, seconded by Mayor Pro Tem Turner.
Council Member Dumphy pointed out that under the existing zoning of
"A-2" the applicant could install high density apartments which would be worse
than a mobile home subdivision at this location.
Council Member Zarsky stated that he is concerned because the applicant
evidently approached the school district and indicated that the mobile home park
would just be in operation for five years.
City Secretary Read polled the Council for their vote on the ordinance to
approve and it failed to pass by the following vote: Jones and Dumphy voting
"aye"; Turner, Hawkins, Kennedy and Zarsky voting "no"; Gulley "abstaining"
because of a possible conflict of interest since he is a mobile home park owner.
* * * * * * * * * * * * * * * * * * *
31. Application No. 583-8, Mr. Hank Olsen: for a change of zoning from "I-2"
Light Industrial District to "B-4" General Business District on Tract A,
"A-2" Apartment House District on Tract B, and "R -1C" One -family
Dwelling District on Tract C, Tract A being 5.58± acres, Tract B being
9.65± acres, and Tract C being 61.58± acres, all Tracts out of Lot 6,
Section 8, Bohemian Colony Lands, located between Ayers St. (Chapman
Ranch Rd.) and the Richter Drainage Ditch, approximately 1,200' north of
Saratoga Eculevard.
Assistant City Manager Utter informed the Council that both the Planning
Commission and Planning Staff recommend approval and that in response to the
nine notices of the public hearing, two in favor and one in opposition had been
returned, noting that the one in opposition was from the AICUZ Officer at the
Naval Air Station.
Mr. Wenger located the area on the zoning and land use map and pointed
out the small portion that extends into the clear zone according to the AICUZ
Study.
utes
negular Council Meeting
June 22, 1983
Page 13
Mayor Jones ascertained that no one wished to speak in regard to this
zoning case.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Zarsky and passed unanimously.
A motion was made by Mayor Fro Tem Turner that the requested zoning
for Application No. 583-8 be approved, seconded by Council Member Dumphy
and passed unanimously.
City Secretary Read polled the Council for their vote on the ordinance and
it passed as follows:
ORDINANCE NO. 17667:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF HANK OLSEN BY
CHANGING THE ZONING MAP IN REFERENCE TO TRACTS A, B, AND C BEING
PORTIONS OUT OF LOT 6, SECTION 8, BOHEMIAN COLONY LANDS, FROM
"1-2" LIGHT INDUSTRIAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT
ON TRACT A, "A-2" APARTMENT HOUSE DISTRICT ON TRACT B, AND
"R -1C" ONE -FAMILY DWELLING DISTRICT ON TRACT C; 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".
* * * * * * * * * * * * * * * * * *
32. Application No. 583-10, Drury Inns, Inc.: for a change of zoning from
R -1E" One -family Dwelling District to "B-4" General Business District on
Lots 91, 92, 93 and 94, Ebony Acres, located on the southwest corner of
Hall Street and State Highway 358 (N. Padre Island Drive).
Nir. Utter stated that the Planning Commission recommends approval but
the Flanning Staff recommends denial because it represents an intrusion into a
residential area. He stated that in response to the notices of the public
hearing, five in favor and none in opposition had been returned.
Mr. Wenger located the area on the zoning and land use map, described
the land use in the surrounding area, showed slides of the area and explained
that the prospective purchaser plans the construction of a Drury Inn motel.
He stated that the staff is concerned about the access to the area because a
motel development at this location would hinder traffic flow exiting North Padre
Island Drive onto the access road and would also create a safety hazard. He
noted that additionally Hall Avenue is a local street which is not designed to
handle the higher volume of traffic generated by this type of development.
No one spoke in regard to this application.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Zarsky and passed unanimously.
ites
Regular Council Meeting
June 22, 1983
Page 14
City Secretary Read polled the Council for their vote on the ordinance
effecting this zoning change and it passed as follows:
ORDINANCE NO. 17668:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF DRURY INNS,
INC. BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 91, 92, 93,
AND 94, EBONY ACRES, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO
"B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting "aye".
* * * * * * * * * * * * * * *
33. Application No. 583-11, Mr. Garron Dean, Trustee: for a change of
zoning from B-1" Neighborhood Business District to "B-4" General
Business District on Lot 1-B, Block 3, Marks Tract, located on the south
side of Corona Drive, approximately 137' east of the intersection of Corona
and Embassy Drives.
Mr. Utter informed the Council that both the Planning Commission and
Planning Staff recommended approval of this application.
No one spoke in regard to Application No. 583-11.
A motion was made by Council Member Dumphy that the hearing be closed,
seconded by Mayor Pro Tern, Turner and passed unanimously.
A motion was made by Council Member Gulley that the Council concur with
the recommendation of the Planning Commission and that the requested zoning
be approved for Application. No. 583-11, seconded by Mayor Pro Tem Turner
and passed unanimously.
City Secretary Read polled the Council for their vote and the following
ordinance effecting the zoning change was passed:
ORDINANCE NO. 17669:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF GARRON DEAN,
TRUSTEE, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 1-B,
BLOCK 3, MARKS TRACT, FROM 'B-1" NEIGHBORHOOD BUSINESS DISTRICT
TO "3-4" CENERAL 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".
* * * * * * * * * * * * *
utes
Regular Council Meeting
June 22, 1983
Page 15
34. Application No. 683-11, South Texas Maaco, Inc.: for a change of zoning
from "F -R" Farm-RuraT District to "1-2" Light Industrial District on Lot 5,
Tract A -A, Lokey Industrial Tracts, located on the southwest corner of
Holly Road and Lokey Street.
Mr. Utter informed the Council that both the Planning Commission and
Planning Staff recommend approval and that in response to the six notices of
the public hearing, one in favor and none in opposition had been returned.
Mayor Jones ascertained that no one wished to speak in opposition to this
case.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Kennedy, and passed unanimously.
City Secretary Read polled the Council for their vote on the ordinance
effecting the zoning change and it passed as follows:
ORDINANCE NO. 17670:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SOUTH TEXAS
M.A.ACO, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 5,
TRACT A -A, LCKEY INDUSTRIAL TRACTS, FROM "F -R" FARM -RURAL
DISTRICT TO "1-2" LIGHT INDUSTRIAL 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".
* * * * * * * * * * * * * * *
Mayor Jones called for petitions or information from the audience on
matters rot schedule on the agenda.
Mrs. Catalina Martinez, 1309 Sixth Street, speaking on behalf of Spohn
Hospital Area residents, asked that the contracts to widen Elizabeth Street be
delayed. She pointed out that it is in the middle of a residential area; it seems
senseless to widen this street since it is not very busy; the neighbors object to
this because it would act as a divider within their neighborhood; and one block
from this street is Morgan Avenue and Ayers Street is two blocks away, both of
which are established business streets. She informed the Council that they
were tcld that the widening of Elizabeth Street was to benefit not only Spohn
Hospital, but also the condominiums which are in existence on Ocean Drive at
the intersection of Elizabeth Street.
Mrs. Martinez continued by pointing out that almost one-half million dollars
of Community Development Block Grant Funds are to be used to widen this
portion of Elizabeth Street, and they object to assessments being levied against
residents of Elizabeth since obviously the street is being widened not for them
but for visitors and employees of Spohn Hospital. She pointed out that the
Master Plan does net call for widening of Elizabeth Street and several small
utes
rsegular Council Meeting
June 22, 1983
Page 16
businesses and a church will lose their head -in parking if this street is
widened.
Council Member Kennedy agreed with Mrs. Martinez and asked why this
street is being widened at this time. He stated that he understands that there
was some type of agreement with the developer of the Glassock Landfill and
questioned why this should be done now.
Mr. Smith explained that bids on this project for street improvements to
Elizabeth Street are being received next Wednesday.
Council Member Kennedy asked Mr. Smith if there was actually an
agreement with the developers of the Glassock Landfill.
Mr. Smith explained that historically the City Council approved an
agreement with Scotch Development Company that Buford, Elizabeth and Morgan
would be improved. He stated that the staff met with some of the property
owners, including the Spohn Hospital and the owner of the cleaning
establishment on Elizabeth Street. He stated that the staff is of the opinion
that widening Elizabeth Street will meet the future traffic problems in the area.
Mayer Jones inquired as to when the Council approved the project to widen
Elizabeth Street, and Mr. Smith explained that the Council approved it at the
time they approved the Community Development Block Grant Program. He
agreed, however, that the subject was not discussed in depth. He stated that
as far as the public hearing was concerned, one is ordinarily held after the
bids are received but it would be on assessments.
Council Member Kennedy again questioned the need to widen Elizabeth
Street. He stated that he would like further discussion of this street widening
and even though Elizabeth Street needs to be improved, he did not see the
reason for widening it.
Mr. Smith stated that the staff could prepare additional traffic counts.
Mayor Pro Tem Turner also questioned the need to widen Elizabeth Street
to four lanes particularly since there are other arterial streets extending from
Ocean Drive and Staples. She pointed out that Elizabeth Street is not a
commercial type of street.
City Manager Martin interjected that the Council had approved the plans
and specifications to go out for bids several weeks ago.
Council Member Hawkins expressed the opinion that he did not think
widening this street would help the poor or moderate income residents and he
objected to the use of Community Development Block Crant funds for this
purpose. He pointed out that this project was not thoroughly explained to the
Council during the public hearing on the Community Development Block Grant
program and he strenuously objected to assessments being levied against
property owners on Elizabeth Street since it is not being widened for their
benefit.
utes
Regular Council Meeting
June 22, 1983
Page 17
Council Member Gulley suggested that possibly the first two blocks of
Elizabeth Street off of Ocean Drive might be very congested because people do
drive down that street going to Spohn Hospital.
Council Member Dumphy suggested that the staff prepare additional
information as to why they are recommending the widening of Elizabeth Street.
He also pointed out that the street does not belong totally to the residents of
Elizabeth Street and asked for a full report and suggested delaying the bidding
procedures until the Council has further information.
Council Member Zarsky concurred with Mr. Dumphy.
A motion was made by Council Member Hawkins to delay the bidding
process until the Council has an opportunity to examine all of the circumstances
pertaining to Elizabeth Street; seconded by Mayor Pro Tem Turner.
Mr. Smith pointed out to the Council that they have the option of
receiving bids since the bids are in unit prices and if it is decided to make
changes in the specifications, this could be done prior to award of contract.
Council Member Gulley suggested that the bids be received and then
modification of the contract be considered.
Council Member Hawkins amended his motion to read as follows: That the
bids be received as scheduled on Wednesday, June 29, but no action be taken
until the Council has an opportunity to examine all of the circumstances
pertaining to Elizabeth Street. It was seconded by Mayor Pro Tem Turner and
passed unanimously.
Mrs. Hinojosa, 1222 Sixth Street, informed the Council that she has been
assessed for a driveway and a sidewalk; the contractor damaged trees in her
yard during street improvement; the contractor then installed a sidewalk right
over their driveway.
Mayor Jones asked Mrs. Hinojosa to discuss this with a staff member.
Also speaking in opposition to the widening of Elizabeth Street was Mr.
Cecil Jenkins, 1119 Sixth Street.
Mr. Benny Benavides, 2421 Cleo, referred to alleys and easements that the
City has. He stated that his neighborhood has had a number of robberies and
they seem to gain access to the property through the alleys. He asked that
the Council do something, possibly close the alleys to prevent the robberies.
Mayor Jones stated that the alleys were put there for a reason, possibly
because they have utilities in them.
Mayor Fro Tem Turner inquired if there were any options other than
closing the alley, and City Manager Martin stated that if the alleys are not used
for utilities, the residents could request that the alley be closed.
Mr. Ken Combs, 1045 Airline, stated that he operates a real estate
business at that address and they feel that they need a freestanding sign. He
utes
Regular Council Meeting
June 22, 1983
Page 18
reminded the Council that he was issued a special permit for business other
than his real estate office a short time ago and he requested that his special
permit ordinance be amended to allow for a freestanding sign that is not
illuminated.
City Manager Martin stated that an ordinance cannot be amended in that
fashion and it would require an entire new zoning case to make the free
standing sign legal, subject to the Council's approval.
Mr. Utter reminded the Council that the Planning Commission is examining
the requirements for signs in "AB" zoning and there might possibly be a
change in the future.
Council Member Gulley stated that he objected to the City's allowing signs
to remain on Airline and continuing to issue citations, stating that he felt the
ordinance prohibiting the sign should definitely be enforced and those who are
in violation should be fined.
* * * * * * * * * * * * * * * *
A motion was made by Council Member Gulley that the Council convene in
closed session under the authority of Article 6252-17, of V.A.C.S., on pending
litigation; seccnded by Mayor Pro Tem Turner and passed unanimously at
14:47 p.m.
* * * * * * * * * * * * * * * * *
Mayor Jones reconvened the Regular Council Meeting at 5:06 p.m.
There being no further business to come before the Council, on motion by
Mayor Pro Tem Turner, seconded by Council Member Gulley and passed
unanimously, the Regular Council Meeting was adjourned at 5:07 p.m.