HomeMy WebLinkAboutMinutes City Council - 08/17/1983MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
AUGUST 17, 1983
2:00 P.M.
PRESENT:
Mayor Luther Jones
* Mayor Pro Tem Betty N. Turner
Council Members:
* Jack K. Dumphy City Manager Edward A. Martin
Bob Gulley City Attorney J. Bruce Aycock
Dr. Charles W. Kennedy City Secretary Bill G. Read
Cliff Zarsky
ABSENT:
Council Member Herbert Hawkins, Jr.
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by the Reverend Z. Cabello of Templo Elim
Assembly of God Church, following which the Pledge of Allegiance to the Flag
of the United States was led by Council Member Cliff Zarsky.
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 asked for a report on Hurricane Alicia which was in the Gulf
of Mexico from the City Manager.
City Manager Ed Martin referred to his memorandum providing an update
for the Council on the location of the hurricane. He explained that the police
are constantly monitoring the tides connected with the hurricane. He referred
to the advisory from the National Weather Service and stated that the hurricane
is continuing to move at about the same direction which is west, northwest. He
assured the Council that the City has taken all of the preparedness steps
required in Stage 3 and major boarding of windows and glass have taken place
at the Convention Center. He stated that the predictions are that the City of
Corpus Christi will not be adversely affected by the hurricane, but if there is
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Minutes
Regular Council Meeting
August 17, 1983
Page 2
any indication that the hurricane will change directions, the City will go into
Stage 2.
Assistant City Manager Bill Hennings explained to the Council that one of
the activities that is done in Condition 3 is to form crews of City employees to
examine neighborhoods to be sure that loose boards and other items are picked
up so as to prevent any damage from flying debris. He stated that this
activity is continuing today and his office has urged that any businesses that
have Iccse materials go ahead and move those materials into an inside area.
Mayor Jones explained that the Emergency Management Plan has been
updated to take advantage of the Emergency Operation Center which will be
opened at the Police Department. He stated that he and key City Staff
members will be there throughout the period of the hurricane.
Mr. Martin stated that the hurricane is about 150 miles wide and the winds
have started approaching land, particularly in the Galveston area.
A motion was made by Council Member Zarsky that the Minutes of the
Regular Council Meetings of July 27 and August 3, 1983 be approved as
preser:ted; seconded by Council Member Gulley; and passed unanimously.
Mayor Jones then administered the oath to the following new appointees to
Boards and Committees: Mrs. Mary Elmore Williams, Animal Control Advisory
Board; and Mrs. Gloria Fuller, Cable Communications Commission.
* Mayor Pro Tem Betty N. Turner and Council Member Jack Dumphy
arrived at the meeting at 2:20 p.m.
Mayor Jones announced the following bid openings:
1. Furman School Area Street Improvements, Phase I. This 8th Year
Community Development Block Grant project provides for the
reconstruction of portions of Alameda, Tenth, Buford, Hancock,
Coleman, Morris, Park, Mary and Marguerite Streets in the area
surrounding Furman School. In addition to street reconstruction,
new water lines will be installed in most of the streets in the project.
Mr. Gerald Smith, Chief Engineer, opened bids on this project from the
following firms: APPCC; Claude Chapman Construction Company; Heldenfels
Brothers, Inc.; King Construction Company; and Maverick Construction
Company.
2. Connection of Surfside Blvd. to Timon Blvd. The proposed
improvements are in accordance with the Corpus Christi Beach Plan
and will provide better access to the southern portions of Corpus
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Regular Council Meeting
August 17, 1983
Page 3
Christi Beach by eliminating the sharp curve at Surfside and Timon
at Elm Street. This project was included in the 7th and 8th Year
Community Development Block Grant Program and the 1982 Bond
Program.
Mr. Smith eper.ed bids on this project from Heldenfels Brothers, Inc. and
Maverick Construction Company. He stated that the required bid security
bonds were submitted with all bids.
Mayor Jones expressed appreciation to the firms that had submitted bids
and stated that they will be tabled for 48 hours, pursuant to the requirements
of the City Charter, and referred to the Staff for tabulation and
recommendation.
In a related matter, Council Member Bob Gulley mentioned a letter that had
been received from Department of Housing and Urban Development in regard to
the City's policy on assessments for street improvements.
City Manager Martin explained that projects that are funded partially by
bonds funds and partially by Community Development Block Grant funds are the
ones on which assessments are charged. He explained that the bond funds are
the ones used to fund in advance the assessments until the property owners
have paid for them.
* * * * * * * * * * * *
*
* *
Mayor Jones called for Consideration of Motions from the Consent Agenda
on the following item:
1. An application for $117,885 be submitted to the Texas Department of
Highways and Public Transportation for a D.W.I. Selective Traffic
Enforcement Program. The program period will be from October 1, 1983 to
September 30, 1984 with options for an additional two year contract. The
goal of the program will be to reduce the number of D.W.I. related
accidents by 10% during the grant year. Provided under the grant will be
overtime for officers, clerical help, and vehicle mileage in a direct
enforcement effort to reduce D.W.I. offenses.
Council Member Gulley referred to the Five Points Fire Station and noted
that according to the schedule previously prepared, the contract was to be
awarded today. He asked about the status of this project.
Mr. Gerald Smith, Chief Engineer, informed Mr. Gulley that the final plans
for the Five Points Fire Station were delivered by the architect the preceding
day. He stated that they are behind schedule and he hopes to have it on the
agenda for approval in about two weeks.
There were no comments from the audience on item 1.
A motion was made by Mayor Pro Tem Turner that item 1 be approved,
seconded by Council Member Kennedy and passed unanimously.
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Regular Council Meeting
August 17, 1983
Page 4
* * * * * * * * * * * * * *
Mayor Jones called for Consideration of the Consent Ordinances and
Crdinances from Previous Meetings on items 2 through 14.
Mayor Jones referred to Ordinance No. 2 which authorized mineral lease at
Lake Corpus Christi and inquired about the income that the City receives from
various leases at Lake Corpus Christi. He requested that a report of the
income be provided the Council.
Mayor Pro Tem Turner referred to Ordinance No. 3 pertaining to
Clemmer/Dillon Street improvements. She stated that she had talked to the
residents on that street and it is the same objection to "voluntary versus
involuntary" street improvement projects. She stated that the residents of that
area wanted the improvements and are able and willing to pay their
assessments; however, they do object to the assessments for the water line
because they did not request this. She inquired if the water lines are still
included in this project, and City Manager Martin replied in the affirmative.
Mr. Smith explained that the petition was received prior to November 1,
1981 and the Staff has recommended a charge of 884 per foot for the water line
since it is over forty years old. He explained that at the time they are doing
street reconstruction, it only seems reasonable to improve anything that is
needed. I -e pointed out to the Council that the City has previously assessed
property owners for water lines, mentioning in particular, the H.E.B. Tennis
Center area project. He stated that local funds were used for that project as
well as CDBG funds.
Mayor Fro Ter: Turner still expressed concern that the property owners
should not have to pay for water lines because they signed the petition for
street improvements only.
City Manager Martin explained that at the time people sign a voluntary
paving petition, they do not know exactly what will be involved in a street
improvement project. He pointed out that the cost for a new water line would
only be $44.00; the City will pay for 90% of the water lines; and the people
should be very happy to have new water lines at this low cost. He reiterated
that this in accordance with the water line policy approved by the City Council.
Council Member Dumphy stated that he, too, had been contacted by
property owners about the assessment for water lines and he was of the opinion
that at the time the petition was signed, the property owners were not aware
that they would be assessed for water lines. He suggested to the Staff that a
procedure be adopted to include on petition the fact that although it is a
voluntary paving petition, the property owners should be aware that there is a
possibility that utility lines may have to be replaced as a part of the project.
Ile expressed the opinion that the citizens should know exactly what might be
involved when they request street improvements.
Mr. Smith stated that the form has been revised somewhat but he agreed
that such a statement could be included on petitions used in the future.
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Regular Council Meeting
August 17, 1983
Page 5
Also speaking in regard to this ordinance was Mrs. Bazan, 222 Clemmer
Street. She stated that it is not only the $44.00 for the water line that they
object to but also the $400.00 cost for the gutter and pavement. She stated
that she had obtained the petition from Mr. Garza of the Voluntary Paving
Section and at that time, they only wanted to get new sidewalks. She
reiterated that she felt that the assessments charged, except for the sidewalks,
should be paid for with Community Development Block Grant funds.
City Manager Martin pointed out that the assessments are the same whether
they are paid through City money or CDBG funds.
Mayor Pro Tem Turner inquired if it would be possible for the residents of
these streets to have sidewalk improvements and nothing else.
Mr. Martin stated that the City is reconstructing the street because there
is a need to do so.
Mr. Smith informed the Council that his Department had received a petition
from Cleaner Street for sidewalks only as well as another petition for the entire
reconstruction.
Mayor Jones explained to Mrs. Bazan that her request that this street be
improved with CD funds might not be possible because there are many demands
for use of the CC money and there would still be assessments associated with
such a project.
There were no further comments on these ordinances; City Secretary Read
polled the Council for their votes; and the following ordinances were passed:
2. ORDINANCE NO. 17761:
AUTHCRIZING THE EXECUTION OF A MINERAL LEASE FOR THE CITY'S
173,025 MINERAL ACRE INTEREST IN A 217.12 ACRE TRACT COMPRISED
OF WATER AREAS ADJOINING THE GIRL SCOUT CAMP, SUNRISE BEACH
AND STATE PARK AT LAKE CORPUS CHRISTI, WITH JOHN R. THOMPSON
OPERATING, INCORPORATED, FOR A BONUS OF $9,343.35, A
TWENTY -CNE PERCENT (21%) ROYALTY, AND AN ANNUAL DELAY
RENTAL OF $1,730.25 FOR A THREE YEAR PRIMARY TERM; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky
voting, "Aye"; Hawkins, "absent".
3. ORDINANCE NO. 17782:
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING
STREETS:
1. Clemmer Street, from Ayers Street to Naples Street,
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Regular Council Meeting
August 17, 1983
Page 6
2. Dillon Lane, from Port Avenue to State Highway 286 frontage road,
and
3. Nemic Street, from Ayers Street to Hamlett Drive.
FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND
COLLECTION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Jones, Turner, Dunphy, Gulley, Kennedy and Zarsky
voting, "Aye"; Hawkins, "absent".
4. ORDINANCE NO. 17783:
AUTHORIZING THE EXECUTION OF A CONTRACT WITH KING
CONSTRUCTION CO., INC. FOR THE CLEMMER-DILLON-NEMEC STREET
IMPROVEMENTS PROJECT; APPROPRIATING $395,000 FOR THIS
CONTRACT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky
voting, "Aye"; Hawkins, "absent".
5. ORDINANCE NO. 17784:
AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 9 TO THE
CONTRACT WITH W. T. YOUNG CONSTRUCTION COMPANY FOR THE
SECOND PHASE OF THE EXPANSION AT THE BROADWAY WASTEWATER
TREATMENT PLANT: APPROPRIATING $23,091.65; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vete: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky
voting, "Aye"; Hawkins, "absent".
6. ORDINANCE NO. 17785:
CLOSING AND ABANDONING THE 10 FOOT WIDE UTILITY EASEMENT AT
THE REAR OF LOTS 8, 9 AND 10, H. E. BUTT TRACT; SUBJECT TO
PREVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky
voting, "Aye"; Hawkins, "absent".
7. ORDINANCE NO. 17786:
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR
THE ACQUISITION OF PARCEL 34 IN CONNECTION WITH THE PURDUE
ROAD STREET IMPROVEMENTS; APPROPRIATING $4,726; AND DECLARING
AN EMERGENCY.
Minutes
Regular Council Meeting
August 17, 1983
Page 7
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky
voting, "Aye"; Hawkins, "absent".
8. SECOND READING:
AUTHCRIZIP'C AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND BRYAN
TUCKER AND HENRY TUCKER FOR THE ANNEXATION OF
A.FPROXIMATELY 75.355 ACRES OF LAND OUT OF LOTS 2 AND 3,
SECTION 19, BOHENIA.N COLONY LANDS, NUECES COUNTY, TEXAS;
FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI,
TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO;
PROVIDING FOR SEVERABILITY.
The foregoing ordinance was read for the second time and passed to third
reading by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy
and Zarsky voting, "Aye"; Hawkins, "absent".
9. SECOND READING:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND FINANCIAL
CORPORATION OF AMERICA FOR THE ANNEXATION OF APPROXIMATELY
1.80 ACRES OF LAND BEING A PORTION OF PADRE ISLAND AS SHOWN
ON THE BLUCHER AND NAISMITH SURVEY, NUECES COUNTY, TEXAS;
FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE
EXTRATERF:ITCRIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI,
TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO;
PROVIDING FGR SEVERADILITY.
The foregoing ordinance was read for the second time and passed to third
reading by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy
and Zarsky voting, "Aye"; Hawkins, "absent".
10. THIRD READING - ORDINANCE NO. 17787:
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LEASE
AGREEMENT WITH UNICORN VENTURES AT THE CORPUS CHRISTI
INTERNATIONAL AIRPORT FCR THE PLACEMENT OF VIDEO GAMES AND
ESTABLISHING LEASE RENTAL RATES.
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky
voting, "Aye"; Hawkins, "absent".
11. THIRD READING - ORDINANCE NO, 17788:
ANNEXING A 41.83 ACRE TRACT OF LAND KNOWN AS WILLOWICK.
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Regular Council Meeting
August 17, 1983
Page 8
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky
voting, "Aye"; Hawkins, "absent".
12. THIRD READING - ORDINANCE NO. 17789:
ANNEXING A 44.59 ACRE TRACT OF LAND KNOWN AS SOUTHFORK 2.
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky
voting, "Aye"; Hawkins, "absent".
13. THIRD READING - ORDINANCE NO. 17790:
ANNEXING AN 18 ACRE TRACT OF LAND KNOWN AS CANE HARBOR.
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky
voting, "Aye"; Hawkins, "absent".
14. THIRD READING - ORDINANCE NO. 17791:
ANNEXING A 32.93 ACRE TRACT OF LAND OWNED BY B & G BUILDERS,
INC
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky
voting, "Aye"; Hawkins, "absent".
ORDINANCE NO. 17792:
ANNEXING A PARCEL OR TRACT OF LAND, PURSUANT TO ARTICLE
970a, V.A.C.S, TEXAS, AS AMENDED, AND CITY CHARTER ARTICLE I,
SECTION 2(c), PROVIDING FOR THE ANNEXATION TO THE CITY OF
CORPUS CHRISTI OF ROADS, HIGHWAYS, STREETS AND DRAINAGE
RIGHTS-OF-WAY ADJACENT AND CONTIGUOUS TO THE CITY OF CORPUS
CHRISTI: PROVIDING FOR SEVERABILITY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky
voting, "Aye"; Hawkins, "absent".
* * * * * * * * * * * * * *
Mayor Jones called for Action by Motion from the Regular Agenda on the
following item:
15. Approving the request by Bayfest, Inc., to close North Shoreline
Boulevard between Belden and Hughes Streets from Friday, September 23
until Wednesday, Cctober 5, 1983 so Eayfest '83 can be celebrated on
September 30, October 1 and 2, 1983.
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Regular Council Meeting
August 17, 1983
Page 9
City Manager Martin informed the Council that the City will receive the
same percentages, etc. and the only possible issue is that the barge dock ramp
is under construction but the Staff hopes that any problems that may occur
have been worked out. He stated that they will have the same traffic plan as
in previous years.
Council Member Gulley inquired if this should not be an ordinance, noting
that in previous years there had been a three -reading ordinance authorizing the
closure of these streets.
City Manager Martin aereed but reminded the Council that they had
adopted an overall policy for the temporary closing of streets since last year.
Mrs. Wallace, Chairman of the Eayfest Committee, stated that this is the
second year of the three-year contract with the City. She explained some of
the added attractions that have been arranged for this event.
A motion tvas made by Mayor Pro Tern Turner that item 15 be approved,
seconded by Council Member Gulley and passed unanimously.
* * * * * * * * * * * * * * * *
Mayor Jones announced the public hearings on two zoning applications.
16. Application #783-4, Roy Smith Homes, Inc. & Nubron Development Corp.:
for a change of zoning from "R -1E" One -family Dwelling District to "B-4"
General Business District on Tract 1, "A-2" Apartment House District on
Tracts 2 and 4, and to "R -1C" One -family Dwelling District on Tract 3,
Tract 1 being 30.40± acres, Tract 2 being 29.44± acres, Tract 3 being
39.94± acres, and Tract 4 being 12.77± acres, all tracts out of Lots 9, 10,
11, 22, 23, 26, and 27, Section 28, Flour Bluff and Encina) Farm and
Garden Tracts, located between South Padre Island Drive and Holly Road
and between Lexington Road and Paul Jones Avenue.
Assistant City Manager Tom Utter informed the Council that in response to
the twenty-eight notices of the public hearing, five in favor and seven in
opposition within the 200' area of notification had been returned and an
additional seven letters outside the area in opposition had been received. He
stated that the Planning Commission and Planning Staff both recommend
approval of the request of Tracts 1, 2 and 3 and denial of "A-2" on Tract 4
and in lieu thereof, approval of "R-2" which would decrease the density of
multi -family units by 278 units and reduce the traffic volume.
Mr. Larry Wenger, Director of Planning, located the area on the zoning
and land use rap and pointed out the various tracts and the requested change
of zoning on them. He explained that "A-2" would allow 36 units per acre but
"R-2" would allow only 14 units per acre. He then described the land use in
the surrounding area and showed slides of the vicinity.
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•Regular Council Meeting
August 17, 1983
Page 10
Council Member Kennedy asked about the plans for widening Holly Road,
and Mr. Wenger replied that Holly Road is to be widened to an arterial street
but there is no prediction as to when this will be done. He noted that bond
funds would be necessary since a street already exists there. He stated that
the total acreage in the area of request is 112.5 acres. Mr. Wenger also
explained that this is an area in which the Transportation Plan does contemplate
the relocation of Ennis Joslin Road as well as the extension of that street. Mr.
Wenger stated that the reason the Staff recommended approval of "R-2" instead
of the requested "A-2" on Tract 4 is because of the necessity to keep the
density a little lower. He explained the unusual configuration of streets and
the plan for this older subdivision. He noted that the property immediately
adjacent to the subject tract consists of 600' lots. He stated that most of the
lots are owned by one person and extend from Lexington Road all the way back
to this subject tract.
Mayor Pro Tem Turner inquired if access is available, and Mr. Wenger
stated that the property owners could put in a street between the lots but they
would have to cooperate to make arrangements to have this street constructed
at their cost.
A member of the audience stated that all of the lots are 620' in depth and
the three lots comprising the 620' in depth are owned by an individual owner
except for two of them.
Council Member Dumphy noted that those two property owners might not
have access to their property if this zoning case is approved.
Mayor Jcnes pointed out that the landlocked lots would exist whether this
zoning is approved or not, and Mr. Wenger agreed.
Mayor Jones called on the applicant to speak.
Mr. Bill Brown, representing Nubron Development Corporation, stated that
this is an associate of Peterson Development Company of which he is a member.
He stated that his company in conjunction with Mr. Roy Smith owns a 175 -acre
tract on Padre Island Drive and other properties in the vicinity and since they
own so much property in the area, they would not want to construct anything
but a quality development. He presented site plans for the Council's
examination and pointed out the 488 single-family lots. He explained that they
are working with Mr. Al Hogan, Incorporated who builds a quality product and
has had a great deal of experience in Corpus Christi and Victoria, Texas.
Council Member Kennedy asked Mr. Brown about the plans for the west
side of the property along the length of the subdivision and inquired if a fence
will be located there.
Mr. Brown stated that he was sure that there would be. He stated that
he had asked the Staff to consider the Ennis Joslin extension to provide better
traffic circulation. He stated that the commercial land would be developed into
a retail shopping area and Ennis Joslin Road will be rerouted and it is shown
on the plan he presented. He stated that they intend to construct the portion
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Regular Council Meeting
August 17, 1983
Page 11
of Ennis Joslin Road to Padre Island Drive with four moving lanes of traffic.
He pointed out that the adjoining residents on Lexington Road have extremely
long lots and these lots show that most of the use occurs on the front portion
of the lots on Lexington with the back portion used primarily for agricultural
purposes. He acreec' that all but two owners have access to Lexington and if
the property owners built a street through their property, they would have
additional lots fronting on that street. He stated that this is a very desirable
area in which tc live because of the amenities in the vicinity. Mr. Brown also
pointed out that they are conforming with City ordinances in regard to
dedication of park land and stated that the schools in that area are not over
crowded and can take care of additional residents.
Mayor Jones asked him for his opinion of the recommendation of the
Planning Commission and Planning Staff that Tract 4 be rezoned "R-2".
Mr. Brown stated that considering the overall size of the tract, they feel
that apartment zoning is preferable on such a busy street.
Mayor Jones inquired of the Staff as to who will be responsible for the
construction of Ennis Joslin Road in this area, and Mr. Wenger replied that the
one who develops the property will be responsible.
Mr. Roy Smith addressed the Council and assured him that he and his
associates would not ask the City to do anything that would be objectionable to
the neighbors.
Mr. Elmore Grunow, 70 Townhouse Lane, appeared in opposition
representing property owners iri Lexington Acres. He pointed out that the
residential lots that abut the subject property to the west will be landlocked if
this zoning is approved. Mr. Crunow expressed concern about the additional
traffic that will be generated for this area when approximately 6,000 people in
one square mile will reside there. He pointed out that this would require a
very small low cost housing. He predicted that Lexington Road will become a
thoroughfare. He pointed out that Ennis Joslin will not be extended beyond
Holly and the traffic will have to go down Holly Road and subsequently, down
Lexington and the traffic tc handle the proposed development will eventually
equal the traffic on Staples, Everhart or Weber. He stated that Lexington Road
is approximately one mile long with no cross streets. He also explained that
there would be a problem in that some of the lots on Lexington would be
landlocked with no access. He stated that the residents are not opposed to the
business zoning but they are opposed to the apartment zoning.
Council Member Kennedy questioned whether the paper street right-of-way
which extends through these deep lots would ever be installed because of the
excessive cost. He pointed out that evidently the City has no plans to ever
build a street there.
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Regular Council Meeting
'August 17, 1983
Page 12
Mrs. C. B. Rhyme, 5621 Lexington Road, appeared in opposition also
stating that no one on Lexington Road is in favor of this application. She,
too, agreed:d that they have no objection to the subdivision but they do have
objection to the high density that would be created. She stated that in spite of
the remarks made by Mr. Brown, the schools in the area are over capacity and
she is also concerned about the adverse effect on the drainage for the area.
Mrs. Pat Girmse, 5629 Lexington, objected to the change of zoning because
of the anticipated traffic increase.
Mr. James Baker, 4930 Cain, representing the Moose Lodge, stated that
they were required to dedicate right-of-way for Williams Drive to be extended.
Fle stated that he now understands that this will not be extended. He stated
that he is in favor of the proposed development because he was of the opinion
that Holly Road is designed for apartments.
Mayor Jones explained to Mr. Baker that the Master Plan does not
contemplate a Williams Drive extension.
Mr. Baker stated that the Moose Lodge would like to have the road go
through to their property.
Mrs. T. A. Staberg, 5504 Lexington Road, stated that they own two lots
in that area and they are opposed to the change of zoning because of the
potential high density. She stated that she is also concerned about the fact
that Williams Drive will not be extended, expressing the opinion that this will
necessitate additional traffic going down Lexington which would endanger the
lives of children in the area.
Mrs. Judy Stuckey referred to the statement by Mr. Brown that Smith
School is not crowded and strongly objected to that statement because she
stated that Smith School is already overcrowded to the point that they have
temporary buildings located there. She stated that she is also opposed to the
zoning change because it will interfere with their drainage and the fact that
they have purchased their property in order to have a rural neighborhood.
She also informed the Council that a wooden bridge is located over Williams
Drive as its intersection with Lexington which is inadequate for heavy traffic.
Mr. Wenger explained that the new development will have to address the
drainage question and agreed that the wooden bridge would present a problem.
He stated that bond issue would be appropriate to construct a new bridge.
Council Member Dumphy pointed out to those in the audience who objected
that the City does not ordinarily build streets in subdivisions since they are
constructed by the developers and the City has no responsibility to build
Williams Drive.
Mr. Henry Nuss, a member of Nubron Development, expressed the opinion
that their development will improve the drainage for Lexington Subdivision and
stated that he felt that the apartments would be appropriate at this location and
reminded the Council that the developer will participate in the improvements of
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Regular Council Meeting
'August 17, 1983
Page 13
Ennis Joslin Road and other streets in the subdivision. He pointed out that
apartments are located all along Holly Road which is appropriate use since there
is a railroad track adjacent to it.
Mr. Scotty Sutherland expressed concern about the fact that one portion
of his property will be landlocked since he is one of the owners who does not
own the entire length of the lots with a great deal of depth.
Mayor Jones pointed out to Mr. Sutherland that those conditions existed at
the time he purchased the land and Mr. Sutherland stated that they use a
portion of the applicants' adjacent property to gain access to his lot.
Mr. Sutherland then inquired if he could have his back lot zoned for
business, and Mr. Utter explained that he could apply to have a portion of his
land zoned for business and explained the procedure to be followed.
Council Member Zarsky inquired if the property owners of the deep lots
wish to make a request for an improved street if there was a method by which
the City could participate.
Mr. Utter explained that the only voluntary paving streets that he is
aware of are for reconstruction.
Council Member Zarsky requested that the City Attorney provide an
opinion en this question.
Mr. Ennis Joslin stated that he owns land on both sides of Padre Island
Drive and on one side of Holly Road. He stated that he also owns twenty
landlocked lots on Lexington and that he has problems with all of his properties
in that vicinity. Fie stated that the State is in the process of building a bridge
over Ennis Joslin which will provide more access to this area. He agreed that
the requested zoning is appropriate for this area but it will not really address
any of his problems. He stated that he feels that the proposed development is
a good plan and he is in favor of it. He informed the Council that all of the
lots fronting on Lexington Road were purchased in groups of three, one behind
the other, and that since access is such a problem, possibly the lots should be
replatted.
Mr. Bill Ward, 5620 Lexington, stated that he felt that the residents will
definitely suffer if this zoning is approved.
Mr. George Gaines, 8202 Wooldridge Road, stated that he owns 122 acres
across Holly Road and that people moved out there because it was a rural -type
of living. He expressed the opinion that the new development will not be
detrimental to the residential area and that it will actually improve their
drainage. He pointed out that the developers plan to extend Ennis Joslin Road
and that the traffic problem will actually be improved. Mr. Gaines expressed
the opinion that the objections to the zoning by the owners of property on
Lexington Road knew when they purchased their lots that they had an access
problem to the rear portion of the lots and that they would actually be
landrnarked.
Minutes
Regular Council Meeting
August 17, 1983
Page 14
Mr. Edwin Cirrose asked about the petition that was sent to the City
Secretary.
City Secretary Read assured him that the Council had been provided with
copies of the petition and Council Members indicated that they had received it
the preceding evening.
Mr. Girmse continued by expressing the opinion that the traffic will be
greatly increased if this development is approved. He expressed the opinion
that the development should be controlled in this area to keep the neighborhood
atmosphere. He also expressed the opinion that the extension of Ennis Joslin
should be completed before this much development is approved. He also
objected to "R -1C" zoning as well.
No one else spoke in regard to this zoning application.
A motion was made by Council Member Kennedy that the hearing be closed,
seconded by Mayor Pro Tem: Turner and passed unanimously.
Council Member Zarsky suggested that the "A-2" zoning requested on
Tract 4 could actually be located to their planned "A-2" zoning in Tract 2 so
that the high traffic would be proned to go to Padre Island Drive rather than
going down Lexington.
Mr. Wenger agreed with Mr. Zarsky but stated that he did not know what
the applicant would think. He stated that the applicant would have to reapply
to request a different zoning on this tract.
Council Member Kennedy stated that he could vote to approve the "R-2"
zoning but he would have problems approving higher density than that.
Mr. atter informed the Council that the Staff could not recommend
anything more dense than "R-2" but he did not think the applicant would
accept that.
Mayor Jones suggested reopening the hearing to obtain the applicant's
opinion, noting that if it is reopened, the Council would have to hear others as
well.
Council Member Dumphy indicated his concurrence with Mr. Zarsky's
suggestion about the "A-2" zoned tract.
A motion was made by Council Member Gulley that the requested zoning be
approved.
Mr. Utter stated that the ordinance has been prepared in accordance with
the Planning Commission's recommendation but if the Council wished to grant
the zoning as requested, the ordinance could be brought forward next week.
Mr. Read stated that the ordinance could be passed and changed to reflect
the "A-2" zoning as requested.
Minutes
Regular Council Meeting
August 17, 1983
Pace 15
Council Member Zarsky seconded Mr. Gulley's motion.
Council Member Kennedy stated that he could only support "R-2" and no
higher.
Mayor Jones called for the vote on the motion and it failed to pass as
follows: Gulley and Zarsky voting, "Aye"; Jones, Turner and Kennedy voting,
II Non
Council Member Kennedy suggested approving the requested zoning for
Tracts 1, 2 and 3 and allowing the applicant to reapply on Tract 4.
A motion was made by Council Member Dumphy that the Council concur
with the recommendation of the Planning Commission and grant the zoning as
requested on Tracts 1, 2, and 3 and that "R-2" be approved for Tract 4.
The motion was seconded by Council Member Kennedy and passed
unanimously.
City Secretary Read polled the Council for their votes on the ordinance
effecting the zoning change and the following was passed:
16. ORDINANCE NO. 17793:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ROY SMITH
HOMES, INC. ANC NUBRON DEVELOPMENT CORPORATION BY CHANGING
THE ZONING MAP IN REFERENCE TO TRACTS 1, 2, 3, AND 4 ALL OUT
OF LOTS (, 10, 11, 22, 23, 26 AND 27, SECTION 28, FLOUR BLUFF AND
ENCINAL FARM AND GARDEN TRACTS FROM "R -IB" ONE -FAMILY
DWELLING DISTRICT TO 'B-4" GENERAL BUSINESS DISTRICT ON TRACT
1, "A-2" APARTMENT HOUSE DISTRICT ON TRACT 2, "R -1C"
ONE -FAMILY DWELLING DISTRICT ON TRACT 3, AND "R-2" MULTIPLE
DWELLING DISTRICT ON TRACT 4; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky
voting, "Aye"; Hawkins, "absent".
* * * * * * * * * * * * * * * *
17. Application. #783-7, Mr. Bob J. Spann: for a change of zoning from
"R-1 B" One -f=amily Dwelling District to "B-1" Neighborhood Business
District on Lots 1 through 3, Block 10, Two Fountains Unit 1, located on
the southeast corner of Greenwood and Trojan Drives.
Mr. Utter stated that in response to the nineteen notices of the public
hearing, one in favor and four in opposition had been returned and that both
the Planning Commission and Planning Staff recommended approval.
Minutes
Regular Council Meeting
'August 17, 1983
Page 16
Mayer Jones commented that he believed this case was heard before, and
Mr. Wenger confirmed that it was heard during the public hearing on April 12,
1983.
Mr. Wenger located the area on the zoning and land use map, described
the land use in the surrounding area, showed slides of the vicinity and stated
that the owner plans the construction of a convenience store and service
station.
Mr. David Smith, representing Mr. Bob Spann, the applicant, stated that
at the time of the first public hearing, there was some opposition expressed and
the Council denied the zoning. He said that he had listened to a transcript of
the public hearing and ascertained that only two members of the Council voted
against it but the others indicated that they felt that the business zoning was
inevitable for this location which is on the corner of a major collector street.
Mr. Smith then addressed the concerns expressed by the residents of the
area during that public hearing. (1) He stated that they complained about the
large number of accidents in the area. He stated that they had inquired about
this with the Traffic Department and learned that this was not borne out by
statistics. (2) They were concerned about the lack of a traffic light and the
request for a signal light is being considered by Traffic and Transit
Department but they have indicated that the traffic does not justify a signal
light. (3) He noted that the hearing dealt primarily with the traffic problems
in the entire area and particularly, about the traffic on Trojan. He expressed
the opinion that changing the zoning on this piece of property will not affect
the traffic problems in that area and he felt that "B-1" is inevitable for this
property.
At the Mayor's request, City Manager Martin provided a report on
Hurricane Alicia. He stated that according to the National Weather Service, the
hurricane has not moved since 1:00 p.m. and it is still in the same location at
5:00 p.m. He stated that they are still predicting that it is strengthening and
is anticipated to become stronger. He stated that a large part of the coast is
getting a lot of gail force winds and heavy rain and the next report will be at
7:00 p.m.
Testimony continued on the zoning case and Mrs. Bobby Moore of Sun Belt
Realty Company stated that she plans to handle the sale of the property. She
reminded the Council that many of the neighbors had objected to the installation
of a convenience store but pointed out that this would be much less
objectionable than a lounge or restaurant type of operation. She stated that a
man and his wife plan to operate this facility themselves after the purchase.
The prospective purchaser stated that she and her husband plan to
operate only two gas pumps at this location and operate a convenience store at
the same location. She expressed the opinion that the objections voiced by the
neighbors are unfounded.
Minutes
•Regular Council Meeting
August 17, 1983
Page 17
Mr. H. H. Miller, 1605 Bois D'Arc, stated that his property backs up to
the subject property. He expressed opposition to the zoning because of the
traffic that will be generated and mentioned the need for a traffic light at this
intersection before anything is constructed there. He stated that he felt that it
would be very difficult for motorists to enter the convenience store and
expressed the opinion that the sale of alcoholic beverages will create problems
in that predominantly Black neighborhood.
Mrs. Jacqueline Huff, 1621 Bois D'Arc, also spoke in opposition to the
zoning change because of the increase in traffic, particularly in this area that
is heavy populated with schools. She also mentioned the halfway house for
teenage boys which is located in the neighborhood, residents of which might be
attracted to purchase alcoholic beverages at the convenience store. She
presented a petition containing 84 signatures from the residents of Hemlock,
Bois C'!rc and Birch Streets expressing opposition to the change of zoning.
Mr. Louis Smith, 1702 Birch, informed the Council that the teenage boys
at the halfway house are between the ages of 12 and 18. He stated that he
objected to the location of a convenience store on this property because there
are already convenience stores in the area where teenagers congregate, drink
beer and generally get into trouble.
Mr. Jessie Pierce, 1730 Bois D'Arc, stated that there are people other than
Black people residing in this neighborhood. He pointed out that the accidents
referred to on Trojan Drive are created because of excessive speeding by
teenagers in the area. He stated that he is not opposed to the requested
zoning because it is appropriate for this area.
Mr. Bob Spann, the applicant, reminded the Council that both the
Planning Commission and Planning Staff recommend approval and there is really
no other appropriate use for this property other than business. He also
pointed out that the halfway house referred to is a State Agency and the boys
who reside there are not allowed to freely come and go and the convenience
store should present no problems to them.
A motion was made by Council Member Kennedy that the hearing be closed,
seconded by Council Member Zarsky and passed unanimously.
Mayor Jones expressed the opinion that the security of the neighborhood
would actually be improved if this convenience store is constructed there since
the police visit convenience stores more frequently than any other types of
business.
City Secretary Read polled the Council for their vote on the ordinance and
the following was passed:
Minutes
Regular Council Meeting
August 17, 1983
Page 18
17. ORDINANCE NO. 17794:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF BOB J.
SPANN BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 1
THROUGH 3, BLOCK 10, TWO FOUNTAINS UNIT 1, FROM "R -1B"
ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS
DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky
voting, "Aye"; Hawkins, "absent".
* * * * * * * * * * * * *
Council Member Kennedy referred to the Board and Committee appointments
listed on the agenda and suggested that even though Council Member Hawkins
was absent, there might be a need to make the appointments to the Private
Industry Council.
Mayor Jones called for the consideration of the appointments to the
Citizens Advisory Health Board and Mr. Harry H. Miller was elected by
acclamation.
Mayor Jones noted that there are two vacancies on the Private Industry
Council, one to be from the Private Business Sector and the other from a
Community Based Organization.
After nominations and votes, the following were appointed to the Private
Industry Council: Nora Garcia from the Private Business Sector and Sue Dyke
from a Community Based Crganization.
A motion was made by Council Member Kennedy that the foregoing
appointments be confirmed, seconded by Mayor Pro Tem Turner and passed
unanimously.
7.
City Manager Martin stated that he needs to discuss the schedule for the
following week's meeting, noting that there is a need to have a meeting of the
Executive Committee of Jobs Training Partnership Act to approve allocation of
funds.
Council Members discussed this and indicated that they would prefer to
have this meeting 1"edne=_day afternoon and City Manager Martin suggested the
time of 4:00 p.m.
There being no further business to come before the Council, on motion by
Council Member Gulley, seconded by Council Member Kennedy and passed
unanimously, the Regular Council Meeting was adjourned at 6:27 p.m., August
17, 1983.
* * * * * * * * * * * * * *
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