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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 OFILMED BSEP 191984 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 Minutes 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. Minutes 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. Minutes 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, Minutes 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. Minutes 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. Minutes 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. Minutes •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 Minutes 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. Minutes 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 Minutes 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. * * * * * * * * * * * * * * DZ/rr