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HomeMy WebLinkAboutMinutes City Council - 11/16/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 16, 1983 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: David Berlanga, Sr. Leo Guerrero Herbert Hawkins, Jr. Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik 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 Council Member Herbert Hawkins in the absence of the invited minister, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Mary Pat Slavik. 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 administered the oath to the following new appointees to Boards and Commissions: Robert Zamora, Joint Airport Advisory Board; and Daniel Cavazos, Municipal Arts Commission. Mayor Jones announced the bid opening on the following engineering project: Improvements to the following Voluntary Paving Program Streets: 1) Dalraida Street - Carroll Lane to Dakin Place; 2) Hollywood Terrace - Gollihar to Horne Road; 3) Sherman Street - Prescott to Vestal Street; and 4) Mokry Street - McArdle to South Padre Island Drive (sidewalks only) LME° SSP 191984 es ,-,..lar Council Meeting November 16, 1983 Page 2 Mr. James K. Lontos, Assistant City Manager, opened bids on this project from the following firms: Claude Chapman Construction Company, Heldenfels Brothers, Inc., King Construction Company, and Maverick Construction Company. and of Mayor Jones expressed appreciation to the companies that had submitted bids stated that they would be tabled for 48 hours, pursuant to the requirements the City Charter, and referred to the Staff for tabulation and recommendation. Mayor Jones called for Action of the Council from the Workshop Session on the following items: 1. A 28 member Transit Advisory Committee be established to consist of: a. b. c. d. 17 members nominated by various community organizations; 2 from nominations by the Chamber of Commerce; 8, with one being appointed by each Council Member; Chairman to be appointed by the Mayor 2. The following appointments be made to the Transit Advisory Committee: Organization Senior Advisory Board Transportation Advisory Board Del Mar Social Security Administration NAACP GI Forum TRC Goodwill Rep. Bill Harrison Senator Carlos Truan Rep. Eddie Cavazos Media LULAC United Way League of Women Voters Junior League Business Development Commission Chamber of Commerce Chamber of Commerce Name Catherine Chambers Clifton Moss Gertrude Stewart David Tutt Homer Johnson Augustine Leija Donnie Contreras Linda LaMona Raymond Gray Frances Luna Norberto Viamonte Victor Lara Ricardo Ramos Lester Hill Pat Sullivan Lilla Browning Jimmy Lyles Pat Eisenhauer Jon Bonilla es Regular Council Meeting November 16, 1983 Page 3 The following appointments were made by the Council Members to serve on the Transit Advisory Committee: Appointees Appointed By Elizabeth Flores Dennis Trevino Miguel Pro Luis Gutierrez Charles F. Hoch, Sr. Betty N. Turner Leo Guerrero David Berlanga, Sr. Frank Mendez Mary Pat Slavik A motion was made by Mayor Pro Tem Turner that the foregoing appointments be confirmed as well as the establishment of the Committee; seconded by Council Member Guerrero; and passed unanimously. 3. The City Council endorses the concept of a Youth Court and directs Judge Hunter to proceed with its implementation. A motion was made by Mayor Pro Tem Turner that the foregoing item be confirmed, seconded by Council Member Hawkins and passed unanimously. Mayor Jones called for Consideration of the Consent Motions on the following items: 1. Bids be received December 6, 1983 for a central dictation system for the Police Criminal Investigation Division. Estimated expenditure $11,285. 2. Bids be received December 6, 1983 for nine (9) 3M Opticom Traffic Control System Emitter Assembly for the Fire Department. This item is available only from Minnesota Mining & Mfg. Company. Estimated expenditure $10,845. 3. Bids be received December 6, 1983 for a twelve months supply agreement, with option to extend for an additional twelve months at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for Word Processing Equipment for the Personnel Division and other divisions as required. Estimated expenditure is $13,000 per unit. 4. Bids be received December 13, 1983 for an asphalt tank trailer. This equipment will be used by the Street Division for sealing cracks in street surfaces. Estimated expenditure $20,000. 5. Bids be received December 27, 1983 for water meter test and repair equipment for the Water Division. Estimated expenditure $6,350. 6. Twelve months supply agreement for linen and towel service for Fire Department, Airport, and Libraries be awarded to the following based on low bid to South Texas Linen, Inc., Corpus Christi, for $7,357.50. es Regular Council Meeting November 16, 1983 Page 4 7. Approval of settlement of claim #51312B830020 in the amount of $6,505 for auto property damage. 8. Plans and specifications for the San Juan and San Carlos Area Water System Improvements project be approved and bids be received on December 14, 1983. This 9th Year Community Development Block Grant project provides for replacement of existing 2 inch water lines with 6 inch lines and the installation of 8 and 12 inch feeder lines improving water pressure and fire protection in the area. 9. A public hearing be held December 7, 1983 on the closure request of a 40 -foot wide unimproved roadway known as County Road 26A through Lots 9, 10 and 11 and Lots 22, 23 and 24, Section 11, Flour Bluff & Encinal Farm & Garden Tracts. This dedicated roadway is located immediately west of Cimmaron Boulevard. The request to close this right-of-way is made concurrently with the development of Brighton Village Units 3 and 4 at the County Road 26A location. There were no questions from the Council and no one addressed these issues from the audience. A motion was made by Mayor Pro Tem Turner that the foregoing items 1 through 9 be approved, seconded by Council Member Guerrero and passed unanimously. Council Member Slavik stated that she had a question about item 9 and inquired since this is the proposed closing of an unimproved roadway, if the landowner would acquire this land and be allowed to build on it. City Manager Martin explained that this item is to set a public hearing on the proposed closing, but if the road is closed, the adjacent property owner will own the abandoned land and would be allowed to build on it. Mayor Jones called for Consent Ordinances and Ordinances from Previous Meetings on items 10 through 14. Council Member Slavik referred to item 12 which is the first reading approving an assignment of the Rainbow Bait Stand from Mr. and Mrs. Thomas W. Wait to Mr. Bob Heim. She inquired about Mr. Heim's ability to pay the percentage required to the City. Assistant City Manager Bill Hennings explained that Mr. Heim was formerly a resident of this City; he resides in Washington, D.C. at this time but plans to move to Corpus Christi; and this assignment was at the request of the current lessee, Mr. and Mrs. Wait. He explained that they have not performed all of the required improvements but they were allowed five years in which to do this. He stated that this requirement will be passed on to Mr. Heim. C. 9S Reyular Council Meeting November 16, 1983 Page 5 Council Member Berlanga referred to item 14 which is the third authorizing a lease agreement with Mr. Gabe Hernandez for building at the People's Street T -Head. He expressed the gross sales seems to be a high percentage for the lessee to the opinion pay. reading concession that 28% of City Manager Martin explained that this was a bid item and pointed out that this is a building that belongs to the City and for which the City pays all of the bills with the exception of the cost for air conditioning. No one else spoke in regard to these ordinances. City Secretary Read polled the Council for their votes and the following ordinances were passed: 10. ORDINANCE NO. 17935: AUTHORIZING THE EXECUTION OF A CONTRACT WITH GOLDSTON ENGINEERING, INC. FOR PREPARATION OF PRELIMINARY ENGINEERING STUDIES FOR FUTURE IMPROVEMENTS TO AGNES STREET FROM PORT AVENUE TO OLD ROBSTOWN ROAD AND TO WALDRON ROAD FROM SOUTH PADRE ISLAND DRIVE TO PURDUE ROAD; APPROPRIATING $23,150; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Kennedy, "absent". 11. ORDINANCE NO. 17936: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF C.C. LAND VENTURE COMPANY BY GRANTING "R -1B" ONE -FAMILY DWELLING DISTRICT WITH PLANNED UNIT DEVELOPMENT -1 FOR A PLANNED UNIT DEVELOPMENT ON 51.45 ACRES OUT OF LOTS 26, 27 AND 28, SECTION 12, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AS MORE PARTICULARLY DESCRIBED ON THE APPROVED PLANS SIGNED BY THE CHAIRMAN OF THE PLANNING COMMISSION AND CERTIFIED BY THE CITY SECRETARY AS APPROVED BY THE CITY COUNCIL; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Kennedy, "absent". 12. FIRST READING: APPROVING ASSIGNMENT OF RAINBOW BAIT STAND TO BOB HEIM, SAID BAIT STAND BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, CONCERNING TRACT 12 OF THE COASTAL PUBLIC LANDS, ALL AS MORE FULLY SET FORTH IN THE ASSIGNMENT AGREEMENT. es Reyular Council Meeting November 16, 1983 Page 6 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye", Berlanga and Kennedy, "absent". 13. SECOND READING: AUTHORIZING THE EXECUTION OF A FIVE-YEAR GRAZING LEASE WITH WELTON GORBET ON A 230 -ACRE TRACT ADJACENT TO LAKE CORPUS CHRISTI. The foregoing third reading McComb, Mendez 14. THIRD READING ordinance was read for the second time and passed to its by the following vote: Jones, Turner, Guerrero, Hawkins, and Slavik voting, "Aye"; Berlanga and Kennedy, "absent". - ORDINANCE NO. 17937: AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GABE HERNANDEZ FOR CONCESSION PRIVILEGES AT THE CONCESSION BUILDING AT THE PEOPLES STREET T -HEAD, SAID AGREEMENT TO BE FOR A PERIOD OF FIVE (5) YEARS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Kennedy, "absent". Mayor Jones called for Action by Motion on the following item from the Regular Agenda: 15. The City Manager or his designee be authorized to execute agreements with the following nonprofit organizations providing financial assistance in the amounts indicated for various Arts and cultural programs, as recommended by the Municipal Arts Commission: a. Corpus Christi Chorale for $2,500 for the 1983-84 Chorale season; b. Encore Theatre Corporation for $2,250 to present their Christmas production, Charles Dicken's "A Christmas Carol"; c. Corpus Christi Concert Ballet for $2,500 to present an educational comedy ballet matinee entitled "The Unchaperoned Girl" for school children; d. Public Radio Station KKED for $2,500 for a weekly 30 -minute radio program called "State of the Arts"; e. Corpus Christi Young Artists' Competition, Inc. for $1,000 to produce the Young Artists' Competition (March 2-3, 1984) and; .es Rcyalar Council Meeting November 16, 1983 Page 7 f. Corpus Christi Chamber Music Society for $750 to provide three Chamber music concerts by the Berodin Trio (November 3, 1983), the Tokyo String Quartet (March 8, 1984), and the Sequora String Quartet (April 30, 1984). The total of $11,500 is available as part of the $50,000 budgeted for Arts Support approved in the 1983-84 Tourist and Convention Development Fund Budget of which $25,000 is available for performing arts programs. City Manager Martin informed the Council that these funds emanate from the hotel/motel tax; the money was set aside for arts and cultural events; this is the first step of spending the allocation of $11,000; and these require Council approval according to the basic agreement. Mayor Jones expressed the opinion that the Council is very fortunate in that the Municipal Arts Commission makes these recommendations. He stated that the cultural experience is excellent from events such as this that are listed, particularly for children who attend the performances. Council Member Slavik concurred and stated that she felt that the performing arts are as important as permanent art, pointing out that it takes a very large amount of money to obtain permanent art. She expressed the opinion that the Members of the Municipal Arts Commission should be the ones to approach the private sector to request donations for permanent art. A motion was made by Council Member Mendez that item 15 be approved, seconded by Mayor Pro Tem Turner and passed unanimously. Mayor Jones inquired if there were any requests that were received which were not funded and Mr. Utter replied that there were not. Mayor Jones announced the public hearing on the following annexation: 16. ANNEXATION - 88.24 acre tract of land out of Lots 8, 9, 10, 11, 22, 23 and 24, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, being platted as Brighton Village Units 3 and 4. Assistant City Manager Tom Utter explained that this public hearing is required and it is for a subdivision entitled Brighton Village Units 3 and 4. He explained that under the amended annexation law, the City is not required to conduct but one public hearing. Mayor Jones ascertained that no one wished to speak in regard to this annexation application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. es Regular Council Meeting November 16, 1983 Page 8 A motion was made by Mayor Pro Tem Turner that the foregoing annexation be approved, seconded by Council Member Berlanga and passed unanimously. City Secretary Read informed the Council that the first reading of the ordinance authorizing the execution of the annexation contract was available for their consideration. He polled the Council for their vote and the following ordinance was approved: 16. FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND TIM CLOWER, R. C. ALLEN, AND DIOCESE OF CORPUS CHRISTI FOR THE ANNEXATION OF APPROXIMATELY 88.24 ACRES OF LAND OUT OF LOTS 8, 9, 10, 11, 22, 23 AND 24, SECTION 11, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, 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 first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". Mayor Jones pointed out to the Council how important it is that the City not diminish the requirement that annexation must occur in order for areas outside the City limits to obtain water service. Council Member Berlanga inquired if a certain amount of acreage was required to obtain City water. Assistant City Manager Lontos replied that a farm tap can be made if the farm contains 20 acres. Mr. Berlanga continued by inquiring if a property owner with only five acres could obtain City water, and Mr. Lontos stated that he would check this but he understood that there was a 20 -acre requirement. City Manager Martin pointed out that the owner would have to annex the property. Mr. Lontos stated that he would be glad to check this if Mr. Berlanga would provide the name, and Mr. Berlanga stated that it is a Mr. Ramirez whose property is located just off Violet Road. City Manager Martin noted that possibly Mr. Ramirez is in the Violet Water District and this City could not serve him if that is the case. He assured Mr. Berlanga that this would be checked and he will be contacted. es Re...lar Council Meeting November 16, 1983 Page 9 Mayor Jones called for discussion of Current Concerns by the City Council. Council Member Mendez referred to the 1982 Bond Election and stated that he would like to have a list of the projects that have not been completed. He referred in particular to the work on McKinzie Road. Mr. Lontos stated that he was under the impression that that was in the 1977 Bond Election; that project was to provide for curbs and gutters on McKinzie from Leopard to IH 37; but did not provide for drainage. He explained that the City placed this street improvement project in the Urban Systems Program and the State has it listed but not funded. He noted that the City has installed another lane for traffic but the street still does not have curbs and gutters. He explained that the project has not materialized because there are no funds for the major drainage required. Assistant City Manager Lontos further explained that the previous Council had moved other projects ahead in the Urban Systems Program because those improvements had a higher priority because of the conditions that existed. He again stated that McKinzie Road does have four lanes and traffic is moving well on that street. Mayor Jones inquired if Mr. Lontos could inform them as to how this project fits in with other projects that were given higher priority, and Mr. Lontos stated that he will provide that information for the Council. Council Member Mendez stated that he is quite concerned because there is a lot of development in that area and a clinic will be constructed on McKinzie Road very soon. Council Member Slavik called the Council's attention to a newspaper article in regard to horse drawn carriages. She stated that she is very concerned about this idea and that she has discussed the matter with several horse breeders, read the Humane Society report, and she questioned the existence of horse drawn carriages on Shoreline because of the lack of shade and the excessive heat. She stated that she felt that it would be a detriment to the City rather than an asset. City Manager Martin informed Mrs. Slavik that the Animal Control Advisory Board is considering this matter and their recommendation will be forthcoming at a later date. Council Member Guerrero inquired if the City had an ordinance on load limits for vehicles on streets. He also inquired if 18 -wheelers are allowed to park in residential areas. He noted that it is a problem in several neighborhoods and inquired if this could be prohibited. es Rey..lar Council Meeting November 16, 1983 Page 10 Mayor Jones stated that they are not permitted on Ocean Drive because of the damage that is done to City streets, and City Manager Martin stated that he will have someone check the existing ordinances on this subject. He stated that they do have problems enforcing the limitations but there are several areas in the City that prohibit trucks but these were enforced when complaints are received. Mr. Lontos pointed out that the Department of Public Safety is the only entity that polices overweight trucks. Council Member Berlanga stated that he is very concerned on behalf of the neighbors in the Spohn Hospital Area because of their need for a small park in which children could play. City Manager Martin stated that the money is available but it would be necessary to reprogram from other projects. He noted that there might possibly be funds remaining from other projects which could be made available. Mr. Utter explained that the Spohn Hospital Area residents requested during the CD public hearing for a park program in connection with the church located in their neighborhood. He pointed out, however, that just down the street is South Bluff Park. He explained that the City Staff is searching for a location. Council Member Berlanga informed the Staff that there may be two vacant lots on Elizabeth Street soon. Mr. Berlanga also expressed concern that Mr. Utter has not provided the Council with a report on the buildings in the downtown area. City Manager Martin stated that that was sent to the Council two weeks ago in their packets. Council Member McComb referred to the question posed by Council Member Guerrero in regard to weight limits for trucks. He explained that they are limited to the weight according to the license they have purchased and a possible solution might be a truck route for the City. He stated that he had noted in the newspaper that the City is going to again consider the Crosstown Expressway Extension and he feels that this should be a priority. Mayor Jones explained that that item has been on the list for a long time and the Area Planning Committee of which he is a member is definitely considering this. He stated that several actions have been taken by the previous Council to assure that there are setbacks for this extension when property is developed. Mr. McComb stated that he would like to encourage the group the Mayor mentioned to move forward on this project, and Mayor Jones stated that the Council will be meeting with the County next week and this could be discussed at that time. es Reg“iar Council Meeting November 16, 1983 Page 11 City Manager Martin assured the Council that they will be provided the same update that the Metropolitan Plan Area Organization has before the meeting with the County. Council Member Hawkins brought up the matter of the downtown parking garage. He stated that he felt compelled to ask some questions about this because there have been numerous misconceptions printed in the newspaper. He requested that the Council be provided with anticipated operating expenses for such a parking garage and expressed the opinion that the operating cost would be quite expensive. He stated that he would like to have all of the estimates of all costs of operation before the parking garage is discussed again. City Manager Martin stated that this will be on the Council's Workshop Agenda as soon as some other items have been resolved. He stated that $900,000 is not enough money for a parking garage and the only thing that the City could do at this time would be to purchase for this amount a surface parking lot and he would like to have this on the agenda for discussion in December. Council Member Hawkins referred to the discussion the preceding week in regard to the preference for local bidders. He stated that he is concerned about this for one reason because local bidders are contributors to the Council Members' campaigns and he is apprehensive that if award of bid is limited to local contractors, they will encounter problems in that they will not obtain the best price possible for the citizens of Corpus Christi. He agreed that the City should encourage contractors to employ local people as much as possible but he was opposed to limiting the bidding to local contractors which could lead to abuse and unfair practices. Mayor Jones informed Mr. Hawkins that the Council requested a legal opinion from City Attorney Aycock but it has not been received yet. City Manager Martin stated that they are working on this right now. Council Member Mendez mentioned that the Council would also like to have an opinion as to whether or not they can require that successful bidders employ a certain percentage of local personnel. City Manager Martin stated that the law regarding award of contracts will be researched and they do plan to provide an opinion as to whether or not they can legally require that a certain percentage of people employed be local. Mayor Pro Tem Turner referred to the fact that CDBG funds could be used for the purchase of an appropriate area for a parking garage and it might be possible to approach the private sector for assistance in constructing the garage. She stated that one of her other concerns is that she would like to see a Master Plan for the Airport other than the landing areas, and Mr. Martin stated that the City does have a Master Plan. Mrs. Turner then inquired about the completion dates of the items on that Plan, and Mr. Martin reminded the 1 es Regular Council Meeting November 16, 1983 Page 12 Council that the Staff has sent this out periodically but they will provide additional information in their packets next week. He emphasized the fact that the City is not in a very good financial situation at the Airport at this time because of the decrease in the number of Continental flights, etc. * Council Member Charles Kennedy arrived at the meeting at 3:08 p.m. Council Member Kennedy stated that he had mentioned six weeks ago that an evaluation study of the AID Ambulance Service should be accomplished. He noted that in view of the newspaper articles recently, he felt that this should be moved up to determine any problems that may exist and how they should be corrected. He noted that consideration should be given as to whether the service should remain under the Fire Department and he felt that the Nueces County Medical Society should be consulted so that they can provide input. He noted that according to the newspaper reports, obviously there is not enough in-service training of the EMTs. He suggested that the Ambulance Advisory Board should also be consulted to obtain ideas about the best way to continue to operate this service. City Manager Martin assured Dr. Kennedy that the Staff has begun preliminary work on the ambulance study and they are in the process of consulting other cities to see how they handle ambulance service. He stated that with two weeks' notice, the Staff can schedule the report, but due to the heavy schedule already in existence, it looks as if it will be after January 1, 1984 before the Council will have time for this discussion. Mr. Martin then explained how the article in the newspaper occurred and noted that the Aid Ambulance Advisory Committee Meeting was a very positive one and the discussion of the EMTs occurred in an informal manner after the meeting was over. Mr. Martin assured the Council that the Staff is ready with the ambulance study but there are so many other major items that the Council has requested for discussion that it is possible that this will have to be delayed. He indicated that it might be necessary to schedule some special Workshop Meetings to cover everything that the Council has requested. Mayor Jones declared a recess at 3:25 p.m. Mayor Jones reconvened the Regular Council Meeting at 3:34 p.m. and announced the public hearings on three zoning applications. 17. Application *1083-3, Mr. Ramey Beene: for a change of zoning from "AB" Professional Office District to "8-4" General Business District on Lots 1 and 2, Block 2, Wooldridge Creek No. 7, located on the northwest corner of Airline Road and Wilderock Drive. :es h,..,alar Council Meeting November 16, 1983 Page 13 Assistant City Manager Tom Utter informed the Council that the three notices of the public hearing, one in favor and one in been returned; the Planning Commission recommends denial but in that "B-1" zoning be approved; and the Staff recommends denial. that this case is for a location on Airline Road and the 20% rule in response to opposition had lieu thereof, He pointed out is in effect. Mr. Gary Dumas, Senior Planner, 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 there are no plans for widening this section of Airline. Mr. Dumas pointed out that a precedent would be established for "B-4" zoning in this particular area; and Airline Road is very narrow; and if this request is granted, other requests for business zoning would be forthcoming from the "R -1B" area directly north of this location. He stated that they do anticipate the redevelopment of those particular lots, however, office use would be preferable on this portion of Airline Road. He noted that most of the development in the area is for apartments and other types of multi -family dwellings. Mayor Pro Tem Turner noted that the applicant planned to establish a convenience store at this location and inquired about the availability of this type of store. Mr. Dumas explained that the closest would be at Holly Road or across the street in the "8-4" zoned property that is proposed for development. Mayor Jones invited the applicant to speak at this time. Mr. Ramey Beene, 1901 Hidden Way, representing Mr. Garnet T. Brooks, the prospective purchaser, requested an explanation of the 20% rule. This was explained by Mr. Utter who noted that approval would require seven affirmative votes of the Council. Mr. Beene continued by stating that Mr. and Mrs. Yarborough, who own the residential lots north of this location, are in favor of the change of zoning. He expressed the opinion that business zoning has already been established in this area because the two large tracts across the street have approved "B-4" zoning and "B-1" zoning is located south of this area as well as other areas on Airline. Mr. Beene expressed the opinion that "AB" zoning would be inconsistent with the existing zoning on this street. He stated that he had discussed the traffic situation with Mr. David Seiler of the Traffic Department who indicated that he saw no problems with traffic if this property is zoned "B-4". He also referred to Mr. Dumas' concern about driveway cuts on the residential lots to the north of this location and stated that those owners have no plans to develop that property under "R -1B" zoning. He summarized by stating that he is willing to accept the Planning Commission's recommendation of "B-1" zoning. .es k�„alar Council Meeting November 16, 1983 Page 14 Mr. Utter stated that the principal concern the Staff has is approving "B-1” zoning on an 18 -foot wide street when the property across the street has already been zoned "B-4". He expressed the opinion that this would add to the traffic problems and the same situation would exist on Airline as with Everhart, north of Padre Island Drive. Council Member Kennedy stated that he could not support "B-4" zoning but he did not think "B-1" zoning would be unreasonable. Council Member Guerrero expressed the opinion that provide a buffer between the "A-1" zoning and the "B-4" street. He pointed out that retail stores would generate than professional office use. "AB" zoning would zoning across the more truck traffic Council Member Slavik inquired if "B-1" zoning is approved if this would generate additional applications for business zoning, and Mr. Utter replied that traditionally, that is what happens. Council Member McComb pointed out that "B-4" zoning is already in existence and he could support the "B-1" zoning at this location. He expressed the opinion that the City has to consider Airline Road expansion to a wider width because it will be necessary in the future. Mrs. Jean Crane, 6026 Grassmere, stated that she is appearing on behalf of two groups of residents of Wooldridge Creek #7 and the developers of Wild Rock Townhouses. She stated that they are in favor of the change of zoning request because this area is not served by any businesses and they feel that a convenience store and service station are needed in this vicinity. No one else spoke in regard to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. City Secretary Read polled the Council change the zoning on Lots 1 and 2, Block 2, and it failed to pass by the following Kennedy, McComb, and Mendez voting, "Aye"; "No". for their votes on the ordinance to Wooldridge Creek #7 to "B-1" zoning vote: Turner, Berlanga, Hawkins, Jones, Guerrero and Slavik voting, City Secretary Read stated that the ordinance failed to pass by sufficient number of votes due to the fact that the 20% rule is in effect. 18. Application #983-7, Mr. Albert P. Perez: for a change of zoning from "R -1B" One family Dwelling District to "A-1" Apartment House District on Lot 3, Block 12, Molina Subdivision Unit 2, located on the east side of Angela Drive, approximately 200' north of West Point Road. es h ,alar Council Meeting November 16, 1983 Page 15 Assistant City Manager Utter stated that in response to the thirty-one notices of the public hearing, two in favor and six in opposition had been returned; the Planning Commission and Planning Staff both recommend denial; and the 20% rule is in effect. Mr. Utter informed the Council that just before the Council started hearing the zoning applications, he was approached by Mr. Bob Thorpe, representative of Mr. Perez, who requested that this application be tabled for two weeks since he was just employed as attorney on the case. Mr. Utter asked the Council to make a decision as to whether or not the case should be tabled. A motion was made by Council Member Guerrero that this application be tabled for two weeks, seconded by Mayor Pro Tem Turner. Council Member Hawkins stated that he has a problem tabling this case. He stated that based on the information the Council received, this piece of property intrudes into a neighborhood area and he planned to vote no on this request for zoning. Council Member Slavik indicated that she, too, would vote no. Mrs. Slavik also objected to the practice of tabling zoning cases as a last minute request because she felt that the only reason a case should be tabled would be in a dire emergency. Council Member Guerrero disagreed stating that he was of the opinion that if an applicant decided to obtain the services of counsel, he should be allowed to do so. Mr. Utter pointed out that the request was to table the case for two weeks, and Mr. Guerrero stated that his motion had indicated that. The motion to table Application No. 983-7 for two weeks passed as follows: Turner, Berlanga, Guerrero, Kennedy, McComb and Mendez voting "Aye"; Jones, Hawkins and Slavik voting, "no". 19. Application #1083-2, Tres Development Corporation: for a change of zoning from "R -1B" One -family Dwelling District and "B-2" Bayfront Business District on Lot 1A, Block 45, Section A, Padre Island - Corpus Christi, located on the northeast corner of Windward and Bartholomew Drives. Mr. Utter informed the Council that in response to the 130 notices of the public hearing, one in favor and twenty in opposition had been returned; the Planning Commission recommends denial; and the Planning Staff recommends denial of the "AT" zoning but would recommend that in lieu thereof a special permit be approved limited to "B-2" uses. ;es Regular Council Meeting November 16, 1983 Page 16 Mr. Dumas located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the vicinity and explained that the applicant wants to develop a condominium project. He explained that the only change that would be effected by the change of zoning to "AT" would be for allowance of parking in the front of the project. He noted that if this is approved, a precedent would be established and it would detract from the appearance of the development in this area. He stated that the applicant indicated that they would accept a special permit for "B-2" uses. Mr. Utter interjected that if a special permit is approved for the uses as mentioned, the City can control the development according to a site plan that would be required to be submitted for the special permit. He assured the Council that the 20' setback would be required. He noted that "B-2" zoning is more intensive zoning than requested. Council Member Kennedy inquired if the special permit would resolve the questions presented by the property owners. Mayor Jones suggested that members of the audience be allowed to speak first. Mr. Randy Thompson, Urban Engineering, representing Tres Development Corporation, explained that they had encountered a problem with parking for the condominiums proposed. He explained that the plat before them has a 110' rear building line along the seawall and a 30' building line on the front of the property. He explained that because of the parking problem, it was necessary to use space at the front for their parking lot. He stated that they are considering the possibility of removing the parking so that it will be further back from the front. He stated that he felt that it would be in everyone's best interest to accept the special permit allowing "B-2" uses. He informed the Council that they plan the construction of 69 units at a cost of about $5 million and they have already applied for a dunes permit from the County. He stated that they do not intend to allow any signs on the beach in compliance with the dunes requirements. Council Member Slavik inquired if the proposed special permit would allay the fears of the property owners as expressed in the letters that the Council had received. Mr. Utter explained that there were four basic concerns expressed by the adjacent property owners. (1) The Dunes Act; (2) in conflict with setback lines; (3) traffic problems on the beach, particularly in the front of the property; and (4) the plan for this condominium does not comply with the original deeds of that area. He explained that these problems could be resolved as follows: (1) Tres Development Corporation does have to obtain a dunes permit; (2) nothing will be constructed in front of the seawall; (3) the traffic below the seawall is really the question of whether the City will close the beach to traffic and the Staff does not recommend closing the beach for any reason; (4) the question of deed restrictions cannot be enforced by the City. :es h.,alar Council Meeting November 16, 1983 Page 17 Mr. Utter stated that the Staff was of the opinion that most of the concerns will be addressed through the issuance of the special permit and the City cannot do anything about the traffic on the beach. Mr. Kenneth Bailey, a resident of the Gulfstream Condominiums, expressed concern that the proposed condominium development will extend in front of the other property on the seawall. He stated that they are very concerned about this because this area is an asset to the entire beach and most of the property owners strongly object to one building extending beyond the others. Mr. Utter explained that the building line is 110' back from the seawall and that is the only requirement that the City can make. He noted that the other condominium owners evidently had agreed to the greater setback when their buildings were constructed. Mr. Utter pointed out that one of the lots owned by Tres Development Corporation is already zoned "B-2" and on that lot they could build right up to the 110' line. He stated that he did not know whether this applicant would agree to set back the construction of the building in line with the Gulfstream Condominiums or not but the Council could not require them to do so. Mr. Jerry Benadum, representing the Gulfstream Council of Co-owners which consists of 131 property owners, stated that they are strongly in opposition to this application to rezone. He referred to the suggested special permit and stated that he felt that this would be a legal abomination. He pointed out that a special permit allowing "B-2" uses is higher zoning than that which has been requested and he did not feel that it would be appropriate for the City Council to approve a special permit for higher zoning than has even been requested. He stated that he had been with the City Attorney's Office for a number of years and during that time, he did not recall a similar recommendation. He stated that he particularly objected to this since this is not what was considered by the Planning Commission but the Planning Staff had recommended a special permit allowing "B-2" uses after it was considered by the Planning Commission. Mr. Benadum also noted that the parking plan for this development requires a waiver from the Board of Adjustment. He pointed out that "B-2" zoning provides for a wide variety of commercial uses and he was of the opinion that if this special permit for "B-2" uses is approved, a detrimental domino effect will occur. He again objected to granting a special permit for "B-2" uses when that was not what was requested by the applicant. Mr. Utter explained that the Staff recommends a special permit that would allow the construction of a condominium at this location with the exact requirements for multi -family use. He pointed out that in "B-2" zoning, there is a setback requirement and the Staff is attempting to grant a special permit that would require the same setback as is required in "B-2" zoning even though the same type of structure would be developed as would be allowed in "AT" zoning. Mayor Jones summarized by stating that the issue is whether or not this builder can develop a condominium closer to the water than the Gulfstream has done. :es ,llar Council Meeting November 16, 1983 Page 18 Mr. Benadum stated that they would concur with the special permit only if that permit required a specific setback line. He stated that his clients' concern is on the seawall side because of the view and their apprehension that the proposed condominium will extend in front of the Gulfstream Condominiums. Also speaking in opposition to this request was Mr. Floyd Strickner who explained that the setback for the Gulfstream was moved further back on the recommendation of the Padre Island Owners' Association. He noted that as far as he knows, Tres Development Corporation has not appeared before that group and their restrictive covenants require that the architectural committee must approve any plans. Mayor Jones stated that he did not think that the City recognizes or has any jurisdiction over deed restrictions or restrictive covenants. Mr. Dumas explained that the Staff had attempted to follow the deed restrictions as much as possible and the "B-2" zoning district would accommodate those deed restrictions. Mr. Thompson addressed the Council again in regard to the setback and stated that it is registered on the plat as 110' back from the seawall; other condominium owners have elected to build further back than that, but that is their option. He pointed out that their structure will only be three stories high and the Holiday Inn is not set back as much as the other buildings are. He stated that he would recommend that his clients approach the Padre Island Property Owners Association to discuss their plans. He stated that they are not trying to circumvent the usual procedures with this application and they are willing to accept a special permit for "B-2" uses. Council Member Slavik inquired if they would be willing to construct the building on the same line with the existing condominiums. Mr. Thompson stated that they could not afford to give up any more space with only a three-story condominium planned. No one else spoke in regard to this zoning application. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. Mr. Utter suggested that if the Council desired to approve a special permit that it should specify for residential uses allowed in "AT" zoning with "B-2" zoning setback requirements. A motion was made by Council Member Hawkins that the request for "AT" zoning be denied but in lieu thereof, a special permit for residential uses allowed under "AT" zoning with a "B-2" zoning setback requirement in the front. The motion was seconded by Council Member Guerrero. :es h__Aar Council Meeting November 16, 1983 Page 19 Council Member McComb pointed out that this application still must meet the required parking which is under consideration by the Board of Adjustment. Mr. McComb pointed out that development of the lots that are already zoned "B-2" could occur and they would only have to be 110' from the seawall and the additional 50' setback would have to be voluntary on the part of the developers or by enforcement of the deed restrictions of the Padre Island Property Owners Association. Council Member Slavik reminded the Council that the Planning Commission recommendation was for denial and that they did not even consider a special permit. Mayor Pro Tem Turner noted that it would certainly be desirable to have the 160' setback, but if this were included in the special permit, it might be considered taking away their rights if the additional setback is required. Mayor Jones called for the vote on the motion to approve the special permit according to the terms as listed and it passed as follows: Jones, Turner, Berlanga, Guerrero, Hawkins, Kennedy, McComb and Mendez voting, "Aye"; Slavik voting, "No". Mayor Jones stated that the ordinance has not been prepared and will be on the agenda in the future. Mayor Jones called for petitions or information from the audience on matters not listed on the agenda. Mr. Pinky Eldridge, the owner of a taxicab company, registered a complaint in regard to the Airport Limousine Service which is granted special privileges at the airport and which is more expensive than taxicabs. He explained how they can provide less expensive transportation when several passengers are involved, yet they are not allowed to advertise that fact in the airport. City Manager Martin explained that the taxicab companies could advertise if they wanted to pay for such advertising. He stated that apparently, this City went through a great deal of effort to provide a limousine service many years ago, and the limousine service is given preferential treatment in order to retain this very excellent service which most cities no longer have. He pointed out that the limousine service is a guaranteed system but the taxicabs are not. Council Member Kennedy agreed that it is absolutely essential that the City retain the limousine service. He stated that he sympathized with Mr. Eldridge and stated that most travelers are aware of the fact that taxicabs are less expensive if there are four or more passengers going to the same destination. :es h..,ular Council Meeting November 16, 1983 Page 20 Mr. Eldridge stated that they would like to have a better parking space, possibly behind the limousines. Council Member Mendez explained that what Mr. Eldridge is requesting and what other taxicab companies are complaining about is that they do not have access to good parking spaces nor can they solicit customers. He expressed the opinion that the City should examine the possibility of allowing them to solicit some of the business in the airport and possibly move the taxicab stands closer to the entrances and exits of the terminal building. Mayor Jones pointed out that Mr. Eldridge and other taxicab companies could purchase advertising space in the Airport Terminal. City Manager Martin pointed out that the limousine service has a certain fee, but as Mr. Eldridge noted, the only reduction in price for a taxicab is if there are three or more passengers going to the same destination. Council Member Guerrero inquired about the problem of establishing advertising space for taxicabs in the Terminal. Mr. Martin stated that he felt that it would be a problem because there is a need to protect the limousine company in exchange for having an excellent limousine service. He pointed out that if the taxicab use is encouraged, the income of the limousine service would be reduced and the City might lose the limousine service altogether. A motion was made by Council Member Hawkins that this matter be referred to the Airport Advisory Board, seconded by Council Member Mendez and passed unanimously. Council Member Slavik made a request that Mr. Bill Green be allowed to make a presentation next Wednesday at 2:00 p.m. on the traffic pattern on Corpus Christi Beach. Council Member McComb expressed the opinion that the Council should wait for a recommendation from the Traffic Safety Advisory Board. Mr. Martin explained that the Advisory Board will meet next Monday, but the Staff will not know whether they will have a recommendation by Wednesday or not. He, too, suggested that this matter wait until after that Board has met. A motion was made by Council Member Slavik that the Council wait until the Traffic Safety Advisory Board has met and provided a recommendation to the Council before considering the traffic pattern on Corpus Christi Beach. The motion was seconded by Council Member Hawkins and passed unanimously. es k�,Aar Council Meeting November 16, 1983 Page 21 Council Member Mendez inquired about the submission for the Justice Department in regard to questions they had asked in connection with the annexation of Wood River. He suggested that the submission be delivered to the Justice Department as soon as possible. Council Member Slavik pointed out that the Council and City Officials have been criticized for spending so much money traveling that perhaps the submission should be mailed to the Justice Department. Council Member McComb pointed out that the City has already spent a great deal of time and money in the single -member litigation and he was of the opinion that there was an advantage in having a personal contact with the Justice Department. He suggested that possibly City Secretary Read and Council Member Mendez take the submission directly to Washington. Mayor Jones indicated his concurrence, noting that in his opinion, the presence of an elected official is very important. Council Member Hawkins interjected that he was there at one time when a submission was made and he and the City Secretary had spent approximately four to five hours answering questions and explaining the submission. City Secretary Read pointed out that there would be a need to make an appointment with the proper officials in the Justice Department and he would do this as soon as possible. A motion was made by Council Member Guerrero that the submission be mailed to the Justice Department, seconded by Council Member Slavik. The motion failed to pass by the following vote: Turner, Guerrero and Slavik voting, "Aye"; Jones, Berlanga, Hawkins, Kennedy, McComb and Mendez voting, "Nay". Mayor Jones stated that he would go with the City Secretary to Washington if none of the other Council Members are able to do so. There being no further business to come before the Council, on motion by Council Member Guerrero, seconded by Council Member Hawkins and passed unanimously, the Regular Council Meeting was adjourned at 5:49 p.m., November 16, 1983. * DZ/rr