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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.