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HomeMy WebLinkAboutMinutes City Council - 08/24/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 24, 1983 2:00 P.M. PRESENT: Mayor Luther Jones Council Members: Jack K. Dumphy Bob Gulley Herbert Hawkins, Jr. Dr. Charles Kennedy, Jr. Cliff Zarsky ABSENT: Mayor Pro Tem Betty N. Turner City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Judge Joe Alsup who was present in the audience, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Jack Dumphy. 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 the bid opening on the following engineering project: 1. Water system improvements at the Holly Road Reservoir near Holly and Everhart Road to convert the water system into a two-level system. This renovation work will boost pressures in the south part of the City south of Staples Street to Padre and Mustang Islands. Mr. Gerald Smith, P. E., City Engineer, opened bids on this project from the following companies: APPCO; R. S. Black Civil Engineers; Claude Chapman ,ItDFILMED SEP 1 9 1984 Minutes Regular Council Meeting August 24, 1983 Page 2 Construction Company; DeBer, Inc.; Delta Utilities; Goldston Corporation; Maverick Construction Company and Perry Construction Company, Inc. Mr. Smith verified that the required bid security bond had been submitted with each bid. Mayor Jones thanked all of the contractors who had submitted bids and stated that the bids will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. * * * * * * * * * * * * * * * Mayor Jones called for Consideration of the Motions from the Consent Agenda on the following items: 1. A twelve months supply agreement be approved for Dixie Petro -Chem, Inc., Corpus Christi, for the estimated total price of $70,636.30, based on an only bid, for an estimated 329 tons of chlorine in tank cars delivered directly to the Water Treatment Plants. 2. A twelve months supply agreement for approximately 40,000 pounds of pipeline enamel, 110 gallons of primer and 30 rolls of felt to be used by the Gas Division, be approved based on the only bid received. ARMOR COTE CORPORATION, ODESSA, TEXAS $11,610.00 Two bid invitations were issued and one bid was received. Prices have decreased approximately 1% since the previous contract of July, 1982. 3. Setting a public hearing for September 7, 1983 at City Hall Council Chambers at 2:00 P.M. for the annexation of a 10.74 acre area out of a 205.88 acre tract of the Mariano L. De Herrera Grant Subdivision, being platted as Wood River Unit 6 located at the northeast corner of Wood River Drive and F.M. 624. 4. Extending the existing contract for collection of ad valorem taxes for a period of one year from August 31, 1983 to August 31, 1984 between the City of Corpus Christi, the Corpus Christi Independent School District and the Corpus Christi Junior College District under the same terms and conditions as the existing contract with the addition of reporting certain information to those Districts regarding the Tax Increment District. The existing contract expires August 31, 1983. 5. The terms of the appointments to the Private Industry Council approved August 17, 1983 be as follows: Nora Garcia, two years, term to expire June 30, 1985. Sue Dyke, one year, term to expire June 30, 1984. .mutes Regular Council Meeting August 24, 1983 Page 3 6.* The City Manager be authorized to execute an agreement pertaining to deferred street construction of one half of Sunny Drive at the intersection of Leonard Drive and Sunny Drive in conjunction with the platting of Fulton Estates, Lots 1 and 2A, Block 1. The developer owns all of the property along unimproved Sunny Drive between Violet Road and Leonard Drive. The deferral would be for 4 years unless additional platting activity takes place, in which case the deferred half street would then be built. 7. Accepting the Portable Classrooms for Nueces County Community Action Agency project, and authorizing final payment of $24,226.57 for a total project cost of $207,679.75 to American Roofing and Construction Company. This 7th Year Community Development Block Grant project provided for the construction of six portable classroom buildings which will be leased to the Nueces County Community Action Agency. 8. Granting a revocable easement to Exxon Corporation and Sun Oil Company (Delaware), joint owners, providing for the replacement and relocation of two 6 5/8" outside diameter pipelines crossing Purdue Road 175 and 250 feet, respectively, west of the centerline of Laguna Shores Road. Mayor Jones referred to Item No. 7 accepting the portable classrooms project and inquired about the price of the lease of the portable classrooms, and Mr. Utter explained that there is no fee involved. Council Member Hawkins referred to Item 5 and stated that he would like 4t to be on the record that he has not received any objections from Community Based Organizations of the new appointees to the Private Industry Council and he would therefore approve these appointments. No one in the audience addressed the Council on any of these items. A motion was made by Council Member Kennedy that the foregoing items 1 through 8, with the exception of item 6 which had been withdrawn, be approved; seconded by Council Member Dumphy; and passed unanimously. * * * * * * * * * * * * * * * Mayor Jones called for Consideration of the Consent Ordinances and Ordinances from Previous Meetings on Items 9 through 19. City Manager Martin referred to Ordinance No. 11 and informed the Council that the bids received on this project were so favorable that it is possible to complete the Animal Shelter according to the original plans. Mayor Jones referred to Ordinance 12 pertaining to the condemnation award and noted that it is much greater than the appraisal. * Please note that this item was withdrawn from consideration by the City Manager. Minutes Regular Council Meeting August 24, 1983 Page 4 City Manager Martin explained that the Board that makes the award is similar to the Council in that what they establish is what the City must pay. He stated that the City needs to make a decision as to whether the award should be appealed or whether this fee should be paid. Council Member Gulley noted that the land involved had access from a City street but not enough space to provide parking and expressed the opinion that due to the lack of parking facilities, the condemnation award should be somewhat less. City Attorney J. Bruce Aycock explained to the Council that the Board making the decision listens to the testimony of the appraiser and then makes the decision on what the value should be. He informed the Council that the judges usually give a premium for land that is confiscated and he recommends approval of this award. Council Member Kennedy stated that he felt that the City should go ahead and acquire the land because this litigation has been pending for years. He inquired about the use of the property after it has been acquired, and City Manager Martin replied that it is probably under the jurisdiction of the Parks and Recreation Department. He stated that there is a need to clean up the area and establish the parking lot before improvements are made. Mayor Jones referred to Ordinance 13 which provides for City participation in street construction abutting the dedicated park in Greenfields by the Bay Unit II Subdivision and asked for a transparency to be shown. Mr. Gerald Smith displayed the transparency showing the location of this street and explained that this is to reimburse the developer for one-half the cost for the street paving, curbs, gutters, caliche, prime -coat and hot -mix. He stated that this is the usual practice for parks in subdivisions. There were no comments from the audience on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 9. ORDINANCE NO. 17795: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE EXXON CORPORATION PERTAINING TO THE LOWERING AND CASING OF TWO SIX INCH PIPELINES IN CONJUNCTION WITH THE PURDUE ROAD STREET IMPROVEMENTS PROJECT; APPROPRIATING $7,050; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "absent". .nutes Regular Council Meeting August 24, 1983 Page 5 10. ORDINANCE NO. 17796: AUTHCRIZING THE EXECUTION OF A CONTRACT WITH J. J. FOX CONSTRUCTION COMPANY FOR THE BROADMOOR PARK NO. 3 STORM SEWER IMPROVEMENTS PROJECT; APPROPRIATING $85,000 FOR THIS CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "absent". 11. ORDINANCE NO. 17797: AUTHORIZING THE EXECUTION OF A CONTRACT WITH AMERICAN ROOFING AND CONSTRUCTION COMPANY :FOR THE ANIMAL SHELTER IMPROVEMENTS PROJECT; APPROPRIATING $290,000 FOR THIS CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "absent". 12. ORDINANCE NO. 17798: CANCELLING THE APPROPRIATION OF $66,140 BY ORDINANCE NO. 13833 DATED JULY 13, 1977, FOR THE CORPUS CHRISTI BEACH CONSTRUCTION; APPROPRIATING $66,140 FOR THE ACQUISITION OF A PARCEL OF LAND (FORMER MAI -TAI SITE) BY CONDEMNATION FOR THE CORPUS CHRISTI BEACH RESTORATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "absent". 13. ORDINANCE NO. 17799: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GREG VOISIN PROVIDING FOR CITY PARTICIPATION IN THE CONSTRUCTION OF CANADIAN DRIVE WHICH ABUTS THE DEDICATED PARK IN GREENFIELDS BY THE BAY UNIT II SUBDIVISION: APPROPRIATING $20,319.65; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "absent". Minutes Regular Council Meeting August 24, 1983 Page 6 14. ORDINANCE NO. 17800: CLOSING AND ABANDONING THE 15 FOOT WIDE DRAINAGE EASEMENT DEDICATED BY DEED IN VOLUME 1847, PAGE 896, DEED RECORDS, NUECES COUNTY, TEXAS, AND LOCATED IN LOTS 10 AND 11, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AND THE ADJACENT TEMPORARY CONSTRUCTION EASEMENTS; SUBJECT TO PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "absent". 15. ORDINANCE NO. 17801: AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE COASTAL BEND ALCOHOLIC REHABILITATION CENTER, INC. FOR $40,000 BEGINNING AUGUST 1, 1983; THROUGH JULY 31, 1984; APPROPRIATING $40,000; AND DECLARING AN EMERGENCY. The Charter Pule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "absent". 16. THIRD READING - ORDINANCE NO. 17802: AUTHORIZING 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 APPROXIMATELY 75.355 ACRES OF LAND OUT OF LOTS 2 AND 3, SECTION 19, BOHEMIAN 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 third time and passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "absent". 17. THIRD READING - ORDINANCE NO. 17803: 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 CF 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 EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. Anutes Regular Council Meeting August 24, 1983 Page 7 The foregoing ordinance was read for the third time and passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "absent". 18. ORDINANCE NO. 17804: ANNEXING A 75.355 ACRE TRACT OF LAND KNOWN AS THE LAKES UNITS 1 AND 4; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "absent". 19. ORDINANCE NO. 17805: ANNEXING A 1.80 ACRE TRACT OF LAND BEING PLATTED IN CONJUNCTION WITH A PLAT ENTITLED PADRE ISLAND CORPUS CHRISTI, SECTION A, ELCCK 45, LOT 1A; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "absent". * * * * * * * * * * * * * * * Mayor Jones called for Action by Motion from the Regular Agenda on the following item: 20. The sidewalk deferment request by the Pendaris Corporation adjacent to Lot 1, Block 40, Wood River Unit 7 and Lot 1, Block 46, Wood River Unit 6 be denied. These locations represent opposite sides of Wood River Drive at the intersection of FM 624. City Manager Martin noted that this request was considered previously and denied by the Council. Mr. Smith provided an explanation by stating that this deferment request is in connection with the development of Wood River Subdivision and pertains to the opposite sides of Wood River Drive at the intersection of F.M. 624. He stated that the developer has requested that he be permitted to defer the sidewalk construction; the Council denied the request on March 3, 1983; since then, the developer has built more of the subdivision and he now asks that he be allowed to defer the sidewalk construction on both sides of Wood River Drive even though the Council denied the request to defer the construction of the sidewalk on cr.e side previously. He stated that usually, the sidewalks are constructed as part of the street development and the Staff still recommends denial of this expanded request. Minutes Regular Council Meeting August 24, 1983 Page 8 Mayor Jones inquired if there had been any other deferrals of sidewalks, and Mr. Smith replied that one related to 100 South Padre Subdivision which is a very large industrial park and the sidewalk was deferred because the developer wanted to build all of the streets and sidewalks at the same time. He noted that the developer also presented a letter of credit for the sidewalks at that time. Mr. Bill Holland, representing Pendaris Corporation, explained that their sidevwalk deferment request is a matter of logic. He explained that the developer has spent a great deal of money landscaping the Wood River Subdivision and they do not know exactly where the sidewalks will be located in the area; therefore, they would prefer to wait until the area is developed before the sidewalks are constructed because if the sidewalks are constructed now, they will be torn up by trucks going over them during the process of development. He assured the Council that when they have finished developing the properly, the developer will be glad to plan and construct the sidewalks because they may prefer to have the sidewalks located somewhere other than the usual place adjacent to the street. Council Member Kennedy questioned whether or not a sidewalk can be constructed 300' from a street and suggested that the usual procedure be followed and if another sidewalk is desired later, the developer can construct additional sidewalks. Mr. Holland stated that he sees no reason to have a sidewalk along a busy street. Council Member Zarsky suggested that a bond or letter of credit for the construction of sidewalks be included if this is approved. City Manager Martin suggested that if the deferment is granted by the Council, that a cash payment for the sidewalks be deposited with the City. He stated that the Staff is of the opinion that sidewalks are pedestrian thoroughfares and should be adjacent to City streets. He also pointed out that if this deferment is granted, other requests will be forthcoming. A motion was made by Council Member Zarsky that the sidewalk deferment request be granted with the requirement that cash be deposited with the City for the construction of the sidewalks. The motion was seconded by Council Member Dunphy and it failed to pass by the following vote: Jones, Dunphy and Zarsky voting, "Aye"; Gulley, Hawkins and Kennedy voting, "no"; Turner, absent. Mayor Jones stated that the motion failed to pass by a majority vote. * * * * * * * * * * * * * * * * ,nutes Regular Council Meeting August 24, 1983 Page 9 Mayor Jones called for Action by Ordinance from the Regular Agenda on the first reading adopting changes to the Standard Mechanical Code, 1982 Edition. There were no comments from the audience on this ordinance; City Secretary Read polled the Council for their vote; and the following was passed: 21. FIRST READING: ADOPTING THE STANDARD MECHANICAL CODE, 1982 EDITION, WITH CERTAIN CHANGES THEREIN AND ADDITIONS THERETO, AS THE MECHANICAL CODE OF THE CITY OF CORPUS CHRISTI; AND PROVIDING FGR AN EFFECTIVE DATE OF NOVEMBER 1, 1983. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, absent. * * * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following item: 22. Closing a 20 -foot wide by 90 -foot long dedicated but unimproved alley along the west side of Lot 1, Block 8, Brookhaven Subdivision. City Engineer Smith informed the Council that this is in the Five Points Area of the City and located it on the transparency. He explained that all City utilities are existing in the alley; the Staff has no objection to the closing provided a utility easement is retained; and pointed out the location of another utility easement on the property. He informed the Council that it is not recognizable as an alley on the ground. There were no comments from the audience on this public hearing. A motion was made by Council Member Gulley that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the closing and it passed as follows: 22. ORDINANCE NO. 17806: CLOSING AND ABANDONING THE 20 FOOT WIDE PUBLIC ALLEY IN LOT 1, BLOCK 8, BROOKHAVEN SUBDIVISION; SUBJECT TO PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting August 24, 1983 Pace 10 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Kennedy voting, "Aye"; Zarsky, "absent at the time the vote was taken"; Turner, "absent". * * * * * * * * * * * * * * 23. Contractual annexation of a 46.68 acre area out of Lots 20, 21, 22, 28 and 29, Flour Bluff Encinal Farm and Garden Tracts, being platted as Inverness Unit B and a 5.8 acre area out of Lots 21, 22, 28 and 29, Section 5, Flour Bluff Encinal Farm and Garden Tracts which is right-of-way for an adjacent drainage ditch. Mr. Larry Wenger, Director of Planning, informed the Council that this property is being platted as Inverness Unit B and contains 46 acres; it is located in an area south of Saratoga and west of Staples Street; the area contains 191 single-family lots; and this will close the gap that exists between two areas that have previously been annexed. He explained that there is also a drainageway adjacent to this tract which needs to be annexed at the same time. Mayor Jones ascertained that no one in the audience wished to speak on this item. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A notion was made by Council Member Kennedy that this annexation be approved, seconded by Council Member Dunphy and passed unanimously. Mayor Jones announced the public hearings on three zoning applications. 24. Amendment to the Zoning Ordinance: Article 22, Parking Regulations, Section 22-1, modifying the parking regulations for office buildings to provide separate requirements for medical and non-medical office buildings. Assistant City Manager Utter explained that various kinds of office buildings require different types of parking. Mr. Wenger explained that the Staff made a survey for the purpose of eliminating so many appearances before the Board of Adjustment for exceptions to the ordinance and they now recommend the following revised requirements for parking: Office or Office Building (Medical Clinic) 1 per 200 s.f. of floor area with 5 spaces minimum inutes Regular Council Meeting August 24, 1983 Page 11 Office or Office Building (Non -Medical) 1 per 250 s.f. of floor area with 5 spaces minimum; square footage in excess of 20,000 ft. of floor area at 1 space per 400 s.f. of floor area. Council Member Kennedy expressed the opinion that this is a good idea and agreed that the medical offices require more parking spaces than other office buildings. No one spoke in opposition to this amendment. A motion was made by Council Member Dumphy 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 this charge and the following ordinance was passed: 24. ORDINANCE NO. 17807: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI BY AMENDING ARTICLE 22, PARKING REGULATIONS, SECTION 22-1, BY ADDING TWO USES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent at the time the vote was taken; Turner, absent. * * * * * * * * * * * * * * * 25. Application No. 783-3, Sun Markets, Inc.: for a change of zoning from "B-111- Neighborhood Business District to "B-5" Primary Business District on Lots 1, 2, and 3, Block 2, Edgewater Terrace, located on the southeast corner of Ocean Drive and So. Alameda Street. Mr. Utter informed the Council that in response to the nine notices of the public hearing, one in favor, two in opposition and one letter from outside the area of notification in opposition were returned. He stated that both the Planning Commission and Planning Staff recommend denial, primarily because the proposed eight -story condominium would be adjacent to an established residential neighborhood which should be protected from an increase in allowable structure height. He also pointed out that due to the location of the South Alameda/Ccean Drive interchange, access to and from this property is very poor. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. He emphasized the fact that this is in a predominantly residential area and the applicants have submitted a site plan showing the proposed structure which will contain 36 units six stories high with four entrances and exits and some internal access between the driveways. He stated that both of the driveways are somewhat hazardous because of the intersection of Alameda and Ocean Minutes Regular Council Meeting August 24, 1983 Page 12 Drive. He further explained that a condominium was approved several years ago by a special permit; the owner did not construct in the one-year time period; and the zoning reverted back to "B-1". He stated that they also plan to construct a commercial operation on the corner on the first floor of the project. Mr. Wenger continued by stating that the Staff feels that this is an established residential neighborhood of structures with low height and they feel that the request should be denied because of the excessive height and because of the hazardous intersection, particularly for a commercial type use. Mr. Wenger continued by stating that the developers could build a maximum of 54 units to a three-story height with a convenience store under the existing zoning of "B-1". Mayor Jones called on the applicant to address the Council. Mr. Joe Adame, Realtor representing both the buyer and the seller, reviewed the history of the first plans for condominiums. He explained that the owner could not obtain financing within the first year because of the depressed conditions and they have been working with the developers in an attempt to complete the plans for the project. He pointed out that there are a lot of uses that could be constructed in the existing "13-1" zoning that could create a lot more traffic than the planned condominiums. He then compared their plans with other developments in the City that are similar in that they are several stories high but which do not obstruct the view of the ocean. Mr. Dave Evans stated that the applicants do not really want "B -S" zoning but they would like to construct a building six stories high. He stated that the zoning of "B-1" would allow for a strip shopping center and they are only planning to construct a small shopping center, the only reason for the requested change of zoning is to construct a higher building than allowed in "B-1" zoning. He assured the Council that the condominiums will be very attractive and will not increase the density from that which could be constructed in the "B-1" zoning. He stated that they would prefer a special permit according to an approved site plan. Mr. John Silar, Architect and general partner in the firm, presented an artist rendering of the plan. He expressed the opinion that this would enhance the neighborhood and would not obstruct the view any more than a three-story building because this will be taller and more narrow. Mayor Jones inquired about the value of the proposed condominiums, and Mr. Seiler replied that they will construct 32 units ranging in value from $160,000 to $250,000. He explained that the construction will be all concrete and the retail space will consists of about 1 ,200 square feet which would be similar to a 7-11 Store or other existing Sun Markets Stores. He assured the Council that they would be very careful about signs in this neighborhood. Mayor Jones called on those who wished to speak in opposition to this zoning r quest. .inutes Regular Council Meeting August 24, 1983 Page 13 Mr. Kurt K. Udolf, 6038 Edgewater, stated that most of the neighbors object to this development; it is a beautiful residential area; they prefer not to have a high-rise condominium or a convenience store at this location, particularly since it is located on the Oso. He asked people to stand who are opposed to this zoning and nearly everyone in the Council Chamber stood to indicate opposition. Mr. Udolf pointed out to the Council that traffic is very heavy at this intersection because of the interchange of Alameda and Ocean Drive. He pointed out that this intersection leads to University of Corpus Christi, the Naval Air Station, and Ship Ahoy is located nearby. Council Member Kennedy emphasized the fact that the question is not whether or not a commercial use could be established here because that could be done under the existing zoning, but the question is whether the structure should be three stories er nine stories. He reminded the audience that under the existing zoning, the developer could construct 54 units of a height of three stories. Mayor Jones again. informed Mr. Udolf that this property has been zoned "D-1" for approximately 20 years and that there is nothing the Council can do to reduce that zoning. Mr. Gene Strauss, 5830 Ocean Drive, stated that he understands the point that the Mayor and Dr. Kennedy were making. He said that they are concerned about the extra height of the project and questioned whether this would be in keeping with the Naval Air Station's desires. Mr. Utter noted that this property is not affected by the AICUZ Study. Mr. Strauss then stated that they would prefer a three story building to the requested nine story building. Council Member Dumphy inquired as to why none of these people had appeared before the Planning Commission and most of the people in the audience indicated that they did not know about this zoning request. Mr. Utter informed the Council that signs were not placed on the property because this case was filed before the required sign notification was in effect. Mr. Strauss stated that they would also like to lower the zoning on this property, and Mr. Utter explained that technically anyone can request a change of zoning even if they do not own the property but it is not very likely that it would be approved. Mr. Strauss stated that the residents in the area might consider this. Mr. Sam Fresch stated that he is the closest neighbor to this subject property and obviously, the neighborhood is very hostile about the condominium construction. He agreed that possibly, the developer is trying to build something lovely, but it is still in the middle of traffic mayhem in that this is a very dangerous intersection. He expressed the opinion that anyone purchasing a condominium here would be confronted with a hazardous traffic situation. Minutes Regular Council Meeting August 24, 1983 Page 14 Mr. Maurice Hunsaker, 6700 Ocean Drive, expressed opposition to this request because of the height which would provide a view of everyone in the neighborhood 's backyards. Mr. John Mendeleski, 6045 Ennis Joslin, expressed the opinion that the proposed structure is too tall, particularly in view of the fact that the Naval Air Station is so close. Mayor Jones denied that the runway is that close to this property. Mr. Jim Warren inquired if the City Council was aware of the deed restrictions for Edgewater Terrace Subdivision. He stated that everyone in the area has built their residence in accordance with these deed restrictions and he felt that the Council should consider them and the variation from them. Mr. Utter informed him that the City does not enforce deed restrictions nor can they enforce them. He explained that deed restrictions are only applicable in cases between private parties and the City has no jurisdiction to enforce them. Mr. Warren continued by stating if they property is zoned "B-1" and a three story structure is allowed, he was of the opinion that the City Council should be sure that the developers abide by that. Mr. Utter explained that if those deed restrictions cover this particular property and a building is constructed on the property that is not in compliance with those restrictions, there would be cause for action between the parties involved. Mr. Randall Drum, 6101 South Alameda, stated that he teaches at Corpus Christi State University and he is very concerned about the development. He stated that his house is one of two constructed there in the last year and there are plans for other improvements in the area. He explained that he had checked the deed restrictions at the time he purchased his property and found that they were specific. He informed the Council that he had complied with the deed restrictions in every way and he felt that all property owners in the area should do so. Mr. Evans stated that this property was included in the deed restrictions, a structure was constructed that was not in compliance with the deed restrictions; the neighbors had sued; and the deed restrictions were disapproved because they had been violated so long ago. He expressed the opinion that the deed restrictions are unenforceable at this time. Mr. Murphey Walker, 6003 Ccear. Drive, expressed opposition to the change cf zoning pointing out that Ocean Drive is a very unique street; it is the only street that faces the water which is enjoyed by everyone; and he urged that the zoning change not be approved. rnutes Regular Council Meeting August 24, 1983 Page 15 Mayor Jones agreed that he, too, would like to have this property maintained as it is, but the Council does not have the right to prohibit someone from developing their own property. Mr. Chapman, 6041 Edgewater, stated that most of the people in this area are very much opposed to this change of zoning. Council Member Zarsky stated that under the existing zoning, the developer could construct 54 units plus a convenience store which would be limited to three stories. He pointed out that if the zoning is changed to allow for the taller building, not as much space would be required for the building arid it would be less obstructive than the three story building. Mr. Wilbur Maxwell, 5838 Ccean Drive, expressed appreciation to the Planning Commission and Planning Staff for recommending denial of this zoning case and expressed the desire that the Council concur with their recommendation. Mr. Utter informed the Council that the Planning Staff had recommended denial of this special permit that was granted 1+ years ago because the Planning Staff feels that this area is prime development site and there are no high rises in the immediate vicinity. He stated that they realize that it is zoned "B-1" but pointed out that a number of units will increase the traffic at a dangerous intersection. Mrs. Jerry Blayton, 6009 So. Alameda, stated that she is very concerned about this property and that she has been ever since Joe Adame purchased it. She stated that she felt that if this is approved and the condominium is constructed, it would be very detrimental to the neighborhood. Mr. Armando Alvarez, 6046 Edgewater, expressed opposition to the change of zoning. He pointed out that in order for the developers to make this project profitable, they have to have approval of the taller building. He pointed out that they could not construct 54 units in a three-story structure and sell them for $200,000. He expressed the opinion that if the request is denied, the condominiums will not he constructed. Mr. Thomas Ard stated that he is related to the applicant and he is in favor of the change of zoning. Mr. Sitar informed the Council that he and the other developers had no intention of creating a hostile atmosphere with the neighbors. He stated that they felt that they were lowering the density when they decided to build larger ccndominiurns which he felt would actually enhance the neighborhood. He stated that if they had known there would be so much opposition, they would not have completed their plans. He assured the Council that they are open-minded about the construction and they would like to try to work something out that would not be so objectionable to the neighbors in the area. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Culley and passed unanimously. Minutes Regular Council Meeting August 214, 1983 Page 16 Mr. Utter reminded the Council that approval of this change of zoning would require five affirmative votes. Council Member Zarsky suggested that action be delayed on this application in order to provide an opportunity for the developer to discuss his plans with the neighbors, and Council Member Kennedy stated that he would support that solution also. Council Member Hawkins stated that he did not think it was a good policy for the Council to negotiate on buildings of three stories on Ocean Drive and he felt that the "6-1" zoning should not be changed. He urged that the Council act on this case now. A motion was made by Council Member Zarsky that the public hearing be reopened and action be postponed for a period of four weeks; seconded by Council Member Kennedy. Council Member Gulley stated that he did not object to postponing action because he would not be here at that time but he indicated that he did not understand from the architect the same thing that Mr. Zarsky did. He expressed the opinion that the architect just stated that he wanted to get along with the neighbors, not that he would work with them. Mr. Silar, the architect, stated that they are not completely close-minded about this and he would be glad to listen to the requests of the neighbors. The motion to postpone ction for four weeks passed unanimously. * * * * * * * * * * * * * * 26. Application No. 783-9T, Mr. Jack Ryan: Amend Article 31, Newly Annexed Territory, Section 31-5.46 by changing 7.04 acres out of Lot 2, Section 11, Bohemian Colony Lands located west of Everhart Road and 250' north of Breckenridge Unit I now prezoned "A-1" Apartment House District to "R-2" Multiple Dwelling District when annexed to the City of Corpus Christi, Texas. Mr. Utter informed the Council that in response to the notices of the public hearing, none had been returned and the Planning Commission and Planning Staff both recommend approval. Mayor Jones ascertained that no one wished to speak in regard to this zoning application. A motion was made by Council Member Gulley that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was trade by Council Member CuIley that the requested zoning of "R-2" be approved for Application No. 783-9T, seconded by Council Member Hawkins and passed unanimously. .inutes Regular Council Meeting August 24, 1983 Page 17 City Secretary Read polled the Council for their vote on the ordinance and the following, was passed: 26. CRDINANCE NO. 17808: AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY AMENDING SUBSECTION, 31-5.46 BY CHANGING THE ZONING CLASSIFICATION OF SAID AREA OF LAND DESCRIBED AS 7.04 ACRES OUT OF LOT 2, SECTION 11, BOHEMIAN COLONY LANDS, NOW PREZONED "A-1" APARTMENT HOUSE DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "absent". * * * * * * * * * * * * * * * * Mayor Jones reminded the Council that a meeting of the Jobs Training Partnership Act Executive Committee was scheduled for 4:00 p.m. A motion was made by Council Member Gulley that the Regular Council Meeting be recessed at 5:15 p.m., seconded by Council Member Hawkins and passed unanimously. * * * * * * * * * * * * * * * Mayor Jones reconvened the Regular Council Meeting at 5:45 p.m. and called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Joe Fulton, of Durden & Fulton Associates, which was the company that had prepared the plans for the new City Hall which was to be located at the existing site on Shoreline, explained to the Council the various costs that had been incurred by that company for legal expenses in the preparation of their plans. He stated that the amount was $14,120.00. A motion was made by Council Member Kennedy that an item to consider these expenses be placed on the agenda on September 7, 1983; seconded by Council Member Gulley; and passed unanimously. Mr. Jack Gordy made his usual presentation to the Council. 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 6:30 p.m., August 24, 1983. * * * * * * * * * * * DZ/rr