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HomeMy WebLinkAboutMinutes City Council - 12/04/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MEMORIAL COLISEUM DECEMBER 4, 1984 2:00 P.M. Present: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: David Berlanga, Sr. Welder Brown **Leo Guerrero *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 Memorial Coliseum. The invocation was given by Sister Martha O'Gara of Incarnate Word, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member David Berlanga. 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. A motion was made by Mayor Pro Tem Turner that the minutes of the Regular Council Meeting of November 20, 1984 be approved as presented; seconded by Council Member Guerrero and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for consideration of the supplementary motion on the following item: 22. Approving the recommendation from the Ad Hoc Water Advisory Commission to accept the proposals of NAWC and Dr. Haragan at a total cost of no more than $225,000 and authorizing the City Manager to enter into the appropriate agreements. A motion was made by Mayor Pro Tem Turner to accept the report of the Ad Hoc Water Advisory Commission and approve the foregoing item; seconded by Council Member Mendez; and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, and Mendez voting aye; Slavik voting no; Kennedy absent at the time the vote was taken. MICROFILMED utes _gular Council Meeting December 4, 1984 Page 2 Mayor Jones then called for consideration of the Consent Motion which was posted as an emergency item on the following matter: Approving recommendations from the Sister City Committee to terminate the Sister City relationship with Tampico, Mexico, and to establish a Sister City relationship with another City in Mexico. A motion was made by Council Member Guerrero that the foregoing item be confirmed, seconded by Mayor Pro Tem Turner and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Motions on the following items: 1. Bids be received December 28, 1984, for 200 Zoning Map Books used by various City divisions and sold to the general public. Estimated expenditure is $7,200. 2. Bids be received December 28, 1984, for a twelve month supply agreement with option to extend for an additional twelve months, and conditions, subject to the approval of the City designee, for milk and miscellaneous dairy products Nutrition Program. Estimated expenditure is $41,250. 3. Bids be received December 28, 1984, for a twelve month with option to extend for an additional twelve months, and conditions, subject to the approval of the City designee, for bread and miscellaneous bakery products Nutrition Program. Estimated expenditure is $7,000. at the same terms Manager, or his for the Elderly supply agreement, at the same terms Manager, or his for the Elderly 4. Bids be received January 3, 1985, for signalization equipment and supplies for Stage I, Traffic Signal Capital Improvement Program for the Traffic Engineering Division. $169,200 is budgeted in the Street Bond Fund and $21,600 is included in the 1984/85 Traffic Engineering Budget. Total estimated expenditure for this item is $190,800. Council Member Mendez referred to item 4 and stated that he was very concerned about the need for a signal light at the intersection of FM 624 and Wildcat Drive. He stated that it is not listed in Stage I of the signalization program and expressed the opinion that a traffic light was needed there more than at FM 624 and Southern Minerals Road. City Manager Martin noted that there are funds for eight traffic signals and Council Member Mendez is requesting that funding be provided for a traffic signal at FM 624 and Wildcat Drive. Mr. Tom Stewart, Director of Transportation, explained to the Council that he had recommended that Southern Minerals Road have a traffic light installed because of the high traffic count. He explained that the intersection of FM 624 and Wildcat Drive are listed in Stage II of the program which will follow this nutes _.egular Council Meeting December 4, 1984 Page 3 one, but if the Council feels that a traffic light should be installed at Wildcat and FM 624, the priority can be changed. A motion was made by Council Member Mendez that the intersection of FM 624 and Wildcat Drive be placed in Stage I of the signalization program and that the traffic light at Southern Minerals Road be placed in Stage II. The motion was seconded by Mayor Pro Tem Turner. * Council Member Charles Kennedy arrived at the meeting at 2:15 p.m. Mayor Jones called for the vote on Mr. Mendez motion and it passed unanimously. Council Member Guerrero inquired about his request that a traffic signal light be installed at the intersection of Tiger Lane and Kostoryz Road, and City Manager Martin informed him that this is scheduled for signalization in May of 1985. Council Member Berlanga referred to a discussion of improvements on Wooldridge Road extending to Airline Road and inquired if signal lights will be taken care of when that street is widened. City Manager Martin explained that there are no plans to widen Wooldridge at this time; eventually it will need to done; but it is not a priority item. 5. Bids be received January 3, 1985, for a 12 -ton equipment trailer for the Wastewater Division. Trailer is included in the 1984/85 Capital Outlay Budget. Estimated expenditure is $12,000. 6. Approving a twelve month supply agreement, with option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the City Manager, or his designee, for approximately 410 stormsuits, and 210 raincoats with hoods, stenciled with the City Seal, to be used by all divisions, based on low bid to Tools of Texas, Corpus Christi, for $6,569.70. Fourteen bid invitations were issued, eight bids were received. Prices have decreased approximately 34% from last contract of July, 1983. 7. Approving a twelve month supply agreement, with option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the City Manager, or his designee, for approximately 28,800 size D -cell batteries to be used by all divisions and stored in City Warehouse based on low bid to Briggs Weaver, Corpus Christi, for $5,472. Sixteen bid invitations were issued, eleven bids were received. Prices have decreased approximately 7% from the last contract of September, 1983. 8. Approve the purchase of two modular ambulances for AID Ambulance from Superior Remount, Inc., based on low bid meeting specifications for a total of $79,400. The unit price has remained constant since the last purchase in February, 1984. nutes _.egular Council Meeting December 4, 1984 Page 4 9. The following actions be taken in connection with the new City Warehouse at the Municipal Service Center: a. The project be accepted. b. Black Brothers Construction, Inc., who provided the building slab, site work and utilities at a total cost of $226,186, be granted a 12 -day time extension to supplement the 90 working days authorized in their contract because of additional work added by change order, and remaining funds of $29,954.79 be paid this firm. c. J. H. Chapman Construction Co., Inc., who furnished and erected the pre-engineered steel building at a cost of $70,789 be paid remaining funds of $16,635.42. This project provides a new 14,400 square foot Warehouse to serve City operations with the present Warehouse building on Sam Rankin Street scheduled for demolition as part of the new City Hall project in that area. Council Member Slavik referred to item 8 and inquired about he number of ambulances that the City has now. City Manager Martin replied that the City has nine and these two are replacements. Council Member Berlanga referred to item 9 and asked if the change order referred to had any expense included. Assistant City Manager James K. Lontos explained that there are four change orders involved and all of them have some expense involved. Council Member Berlanga asked about the necessity for the change orders and inquired if it was an oversight in the plans or because of conditions encountered during construction. Mr. Lontos stated that it was possibly an oversight and because of additional work that was required after the project was started. In reference to item 6, Mayor Pro Tem Turner inquired about inventories on raincoats, etc. City Manager Martin stated that the City does not keep a year's supply of these items because they are purchased as they are needed, and Mr. F. D. Glenn, Purchasing Director, explained that there is an ongoing inventory of these items at all times. Council Member McComb expressed concern about the numerous change orders and asked about the possibility of eliminating errors that are being made that necessitate the change order. He expressed the opinion that if it is the staff's responsibility, that needs to be corrected, and if it is the contractor's responsibility, then that needs to be corrected as well. nut es _.egular Council Meeting December 4, 1984 Page 5 Mr. Lontos assured the Council that there is a reason for every change order and the reason needs to be approved by the City staff and if the additional cost is over $5,000, they need to be approved by the City Council. Mayor Jones stated that he felt that it is impossible for the staff or the contractor to predict the types of conditions that are going to be encountered on a project and there is a valid reason for every change order. City Manager Martin stated that the bids are never changed and change orders are just made due to conditions that are encountered during the project. He explained that the City needs to be careful that low bidders do not submit low bids on the project and then request change orders, which make the bids much higher. 10. Authorizing a revocable easement to Windchase, a Joint Venture, developer of the Windchase Shopping Center at the northwest corner of Airline Road and Holly Road, providing for the developer installing 740 linear feet of 4" diameter sanitary sewer force main in Airline Road to serve a private sanitary sewer lift station within the shopping center site. 11. An amendment to the contract for Architectural Services for Exposition Hall with Total Design Four be approved which would authorize this architectural firm to prepare the necessary plans and specifications for the demolition of Exposition Hall, the appropriate roof replacement of the existing restrooms which serve the Memorial Coliseum and the preservation of an electrical switchgear room. The amendment includes an architectural fee of $8,250 for this work. Revenue sharing funds previously encumbered from the 1983-84 budget are available in the current operating budget; therefore, a separate appropriation is not required. 12. Authorizing the City Manager, or his designee, to execute agreements with the following non-profit organizations providing financial assistance in the amounts indicated for various Arts and Cultural programs, as recommended by the Municipal Arts Commission: a. Art Community Center for $500 for the Christmas Reflections Program (December, 1984); b. Art Museum of South Texas for $3,000 for the Farrell Dyde Dance Theatre (March 2, 1985); c. Center for Chicano Arts, Sciences, and Humanities for $2,000 for the "corridos" accordian concert (February 8, 1985); d. Corpus Christi Chorale for $2,500 for its 1984-85 season; e. Corpus Christi Concert Ballet for $3,000 for the Free Educational Matinee in its Spring Program (March 29-30, 1985); and f. Corpus Christi Young Artists' Competition for $1,500 for the concerto and piano solo contest (January 18-19, 1985). The total of $12,500 is available as part of the $50,000 budgeted for Arts support approved in the 1984-85 Tourist and Convention Development Fund Budget, of which a balance of $25,000 remains in the Arts and Cultural Projects Activity. nutes .egular Council Meeting December 4, 1984 Page 6 *13. The following actions be taken as a result of a review of the adequacy of fees and charges previously established for the water and sewer lot/acreage trust fund policies (Ordinance Nos. 17396 and 17092) as contained in the Platting Ordinance: a. The Platting Ordinance be amended relative to the Water and Sanitary Sewer Trust Fund Policies to provide for a review of the adequacy of fees and charges every two years in lieu of the present bi-annual review basis. (by separate ordinance) b. Make a finding that the lot/acreage fees, tap surcharge fees, and pro rata fees presently provided for in the water and sanitary sewer policies in the Platting Ordinance are adequate. c. Authorize the transfer of $90,000 from the Water Distribution Main Extension Trust Fund into the Water Arterial Transmission and Grid Main Trust Fund. Council Member Guerrero referred to item 11 and inquired as to why the City did not advertise for proposals for this work. Mr. Lontos explained that the City has a selection committee and does not make a practice of advertising for bids for professional services. He agreed that is could be done if the Council desired. Council Member Guerrero stated that he would like to make a motion to advertise for bids. Mayor Jones expressed the opinion that the City Council should have a thorough discussion because it is not that easy and it is not that efficient to advertise for proposals for architectural services. City Manager Martin pointed out that it would be very difficult to go out for proposals for this project because this particular architectural firm has been working on the Exposition Hall for some time. He explained that the fees are usually negotiated after selection is made, but if the Council is uncomfortable with this, the staff can prepare the plans and specifications for the project. Council Member Guerrero stated that he is not totally confident with Total Design Four working on this project any way. Mayor Jones pointed out that the Council Members have a right to vote the way they want to on the items. Council Member Slavik referred to item 10 and inquired about the benefits to the City in granting this revocable easement. Assistant City Manager Lontos explained that there is a sewer line near the shopping center; this is a platted piece of property; it cannot be developed without a sanitary sewer line; and they have gone to the expense of doing this and just need a revocable easement for this purpose. *Withdrawn mutes _.egular Council Meeting December 4, 1964 Page 7 Council Member Slavik referred to item 13 and inquired if they are presently reviewing this twice a year and the proposal is to review it every two years. City Manager Martin stated that bi-annual was put in the Platting Ordinance with the understanding that it means every two years, and the staff proposes the change in the wording to make it clear that it is every two years. In a further reference to item 11, Council Member Kennedy urged that sufficient electrical power be maintained in the Coliseum. He expressed the opinion that it seems reasonable to continue the contract with the same architectural firm that has been working on the project. Council Member Mendez referred to item 13 in regard to Section B and inquired as to the reason for increasing the fees on January 1, 1985 if they are adequate at this time. After a short discussion, City Manager Martin suggested withdrawing item 13, so that additional information could be provided the Council. Council Member McComb inquired if an effort was being made to encourage the people in Flour Bluff and Calallen to tie on to the sanitary sewers in existence before the rates are increased. Council Member Mendez agreed that discussion had been conducted on the possibility of encouraging people to tie on to the sanitary sewer lines before the fees are increased. City Manager Martin reiterated that he would prefer to withdraw this item at this time. Council Member Guerrero again referred to item 11 and suggested that the staff might prepare the specifications on this item. City Manager Martin stated that it was his understanding that it was the Council's request that this project be moved forward as soon as possible and explained that the staff could not do this as quickly as the architect who has been working on it. He stated however, that he would prefer the staff doing it rather than advertising for proposals. Mayor Jones stated that he felt that the staff recommendation is the most efficient way to accomplish the task and the Council has the alternative of either approving it or not approving it. Council Member Berlanga mentioned that a proposal had been submitted to repair the roof of the Exposition Hall and inquired if the staff had any useful information in that proposal. City Manager Martin stated that he did not find any relevance to that with the demolition of the building. nut es _.egular Council Meeting December 4, 1984 Page 8 No one in the audience commented on the Consent Motions; a motion was made by Mayor Pro Tem Turner that items 1 through 12 be approved; seconded by Council Member Slavik; and passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting aye on all of the items; Berlanga and Guerrero voting aye on all of the items with the axception of item 11 on which they voted no. * * * * * * * * * * * * * Mayor Jones called for consideration of Consent Ordinances and Ordinances from Previous Meetings on items 14 through 21. Council Member Kennedy referred to Ordinance 15 pertaining to Corpus Christi Beach Park and stated that the drawing presented to the City Council seems to be somewhat different from the one that he remembers. He mentioned that this drawing seems to be further to the north than the one he remembered and evidently the City is losing some of the park land. Assistant City Manager Tom Utter located the 35 acre park on a map and stated that the north end of the beach has eroded a great deal. He agreed that the original Corps of Engineer drawing was somewhat further to the west and mentioned the fact that the Corps of Engineers plans to place a rock groin in a particular location. He stated that the staff does not feel that the City is losing any of the beach which was theirs originally because some of the land will erode further. He stated that the land Dr. Kennedy referred to is not included in the original 35 acres. Mr. Utter continued by locating the proposed 500 foot long rock groin which will help in the sand retention and which should ameliorate the erosion that has occurred on Corpus Christi Beach. He explained that this will also reduce the renourishment required. Mr. Utter then located the right of entry to Corpus Christi Beach and pointed out a small sliver of land that the State of Texas claims to own, but which the City will be able to use as well. He explained that the lease will be amended to increase the amount of land. Mayor Pro Tem Turner referred to Ordinance 17, authorizing agreements with various arts and cultural programs, and questioned the use of General Fund Reserve for this purpose. City Manager Martin explained that the City is obligated for this funding since a grant was received. He suggested that the Council could add a caveat to the effect that we could examine the Hotel/Motel fund at the end of the year so that if excessive amounts are available in the fund, the General Fund Reserve could be reimbursed. A motion was made by Mayor Pro Tem Turner that item 17 be amended to the effect that the General Fund Reserve will be reimbursed from the Hotel/Motel fund if possible. The motion was seconded by Council Member Mendez and passed unanimously. Mayor Jones called for comments from the audience on the ordinances and there was no response. nutes ..egular Council Meeting December 4, 1984 Page 9 City Secretary Read polled the Council for their vote and the following ordinances were passed: 14. ORDINANCE NO. 18580 AMENDING THE PLATTING ORDINANCE, SECTION V.B.5(h) OF THE PLATTING ORDINANCE AND PERTAINING TO THE CITY COUNCIL REVIEW OF THE ADEQUACY OF ALL FEES AND CHARGES BEING DEPOSITED IN THE WATER TRUST FUNDS; AMEND SECTION V.B.6.(h) OF THE PLATTING ORDINANCE PERTAINING TO THE CITY COUNCIL REVIEW OF THE ADEQUACY OF ALL FEES AND CHARGES BEING DEPOSITED IN THE SANITARY SEWER TRUST FUNDS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez, and Slavik voting "aye"; McComb absent at the time the vote was taken. 15. ORDINANCE NO. 18581 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS, GALVESTON DISTRICT, PROVIDING FOR CONSTRUCTION RIGHT -OF -ENTRY AT CORPUS CHRISTI BEACH PARK; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez, and Slavik voting "aye"; McComb absent at the time the vote was taken. 16. ORDINANCE NO. 18582 AUTHORIZING THE EXECUTION OF A JOINT USE AGREEMENT WITH THE HIALCO-OIC, INC. FOR THE SUBLEASE OF SPACE AT THE BOOKER T. WASHINGTON ELEMENTARY SCHOOL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez, and Slavik voting "aye"; McComb absent at the time the vote was taken. 17. ORDINANCE NO. 18583 APPROPRIATING $15,000 FROM THE GENERAL FUND RESERVE FOR THE LOCAL MATCH TO THE NEA CITYARTS GRANT AND AUTHORIZING THE EXECUTION OF AGREEMENTS PROVIDING FINANCIAL ASSISTANCE FOR THE VARIOUS ARTS AND CULTURAL PROGRAMS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez, and Slavik voting "aye"; McComb absent at the time the vote was taken. 18. ORDINANCE NO. 18584 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF VICTOR E. BAUMLE BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 23, BLOCK A, MICHNA ADDITION, FROM "A-1" _nutes Regular Council Meeting December 4, 1984 Page 10 APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez, and Slavik voting "aye"; McComb absent at the time the vote was taken. 19. FIRST READING AMENDING SECTION 52-254, SCHEDULE V - INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez, and Slavik voting "aye"; McComb absent at the time the vote was taken. 20. ORDINANCE NO. 18585 AUTHORIZING A LEASE AGREEMENT WITH THE SEAMEN'S CENTER FOR A PORTION OF THE PARK AND RECREATION BUILDING. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez, and Slavik voting "aye"; McComb absent at the time the vote was taken. 21. ORDINANCE NO. 18586 AMENDING THE CORPUS CHRISTI URBAN TRANSPORTATION STUDY -1979 ADOPTED BY ORDINANCE NO. 15181. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez, and Slavik voting "aye"; McComb absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Jones noted that item 22, pertaining to the Ad Hoc Water Advisory Commission, had already been acted upon earlier in the meeting. * * * * * * * * * * * * * Mayor Jones then called for consideration of the Ordinances from the Regular Agenda on items 23 and 24. Mayor Jones referred to Ordinance 23, which is the third reading of the ordinance revising the water rates and referred to the discussion during the morning workshop meeting as well as the motion made in regard to changing the figures in the ordinance. _nutes Regular Council Meeting December 4, 1984 Page 11 Council Member Mendez stated that the concern was that the amount of money needed was $2.5 million. He referred to alternative 1 which included different rates for minimum users and made a motion that the minimum be increased from $2.58 to $3.58 and that the next category for 4,000 gallons be set at $1.30. Mayor Jones commented that the breakdown in the motion will encourage conservation and the commercial rates will not be increased so drastically. City Manager Martin agreed, stating that the users will share the increase at the same rate that they are currently paying. Council Member Guerrero stated that the industries were concerned about the previous figures and hopefully they can live with these revised figures. He inquired of the City Manager if this increase will take care of the City's obligations for water supply for the next year, and Mr. Martin replied that this increase will carry the City through the remainder of this year and for an additional year. He stated that this would mean about a 5% increase next August; however if water usage increases significantly, that increase would not be necessary. He noted though that if conservation should be required next summer similar to that of this year, that assumption would be correct. **Council Member Guerrero stated that he would like to vote in favor of Ordinances 23 and 24, but that he had to depart the meeting at this time. Mayor Jones called for comments from the audience on the Ordinance increasing the water rates. Mr. J. E. O'Brien, 4130 Pompano, stated that he was speaking for the Corpus Christi Taxpayer's Association. He stated that the Association had opposed any increase in water rates during the first reading of this ordinance and their opposition has not changed. He stated that according to the financial statement for 1983, it was indicated that the City has in the Water Department $16.8 million and $3.7 million of that is unreserved funds. He stated that they are not so sure that this additional money is needed. Mr. O'Brien provided other figures, including the income that will be generated from the sale of water to Three Rivers, which will provide additional income for the Water Department. He then recommended delaying the third reading for 30 days to see the effect of the 8% Central Power & Light Company decrease. Council Member Slavik inquired if this would actually have an effect on the utilities, and City Manager Martin stated that it would. Mr. Ronald McGee referred to articles in the newspaper in regard to the rate increase and stated that the rate payer in this City is tired of reading this in the paper and he was of the opinion that the surcharges are unnecessary. He also referred to the uncommitted funds in the Water Fund and questioned the need to increase rates again. He stated that he has complained for years about the in -lieu of and franchise tax payments that are transferred from the Utilities Department to the General Fund. He also questioned high salaries that are paid to some City employees. He concluded his remarks by expressing that the utility bills are too high already. _mutes Regular Council Meeting December 4, 1984 Page 12 Council Member Slavik asked the City Manager to explain the $3.7 million surplus in the Water Fund in 1983. City Manager Martin stated that this was discussed some time ago, but explained again that in this budget there was a beginning balance in the Water Fund of $1.9 million and some of those funds were placed in the water system as a method of keeping water rates down. He stated that the Taxpayers Association is recommending that the City spend that money that will be received from Three Rivers as operating expenses, but the amount that could be saved only amounts to about $2,000. Mr. Hal Fessler, 5518 Kenneth, and speaking on behalf of industries, stated that they are of the opinion that the additional funds are needed for the water system and expressed appreciation for the efforts on the part of the City staff to see that there is equity in the water rate increase. He stated that they feel that the amended ordinance is equitable and they feel that wells should be drilled to make water available in cases of emergency. Mayor Jones reminded the members of the audience that everybody in the City was urging the City Council to do something about the water shortage and this is what was done -- wells were opened; new wells were drilled; and arrangements were made to purchase water from the Navidad Water Authority as well as other sources of obtaining water. He stated that the Council is of the opinion that they must approve this ordinance to pay for all of those extra expenses. Council Member Brown seconded Council Member Mendez' motion and it passed unanimously. City Secretary Read polled the Council for their vote on the third reading of the ordinance increasing the water rates and it passed as follows: 23. ORDINANCE NO. 18587 AMENDING SECTION 55-50 OF THE CITY CODE OF ORDINANCES, 1976 REVISIONS AS AMENDED BY ORDINANCES 17166 AND 18351, PASSED AND APPROVED JULY 28, 1982, AND JULY 24, 1984, RESPECTIVELY, BY AMENDING CERTAIN SCHEDULES THEREIN SO AS TO REVISE WATER RATES FOR CUSTOMERS USING TREATED OR UNTREATED WATER. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez, and Slavik voting "aye"; Guerrero, absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Jones called for consideration of the following amendments to ground lease agreement with Bayfront Associates: a. The "Buildings shall contain approximately 80,000 to 100,000 square feet of retail and commercial space" rather than the 150,000 square feet now provided; b. Delete from the available authorized uses therein the following: _flutes Regular Council Meeting December 4, 1984 Page 13 (1) "office space" (2) "specialty furniture stores" (3) "small shops of mall corridor type" c. Reduce the authorized maximum height of the proposed structures from three stories to two stores, that is "with first floor parking, and be limited to a maximum structure of two stories". d. Authorize the amending of the Corps of Engineers Permit whereby the surface ground fill area will be approximately eight acres, rather than the twelve acres currently pending before the Corps of Engineers; and further authorize the redesign and submittal of the permit whereby the design configuration will allow for an enhanced sailing fairway within the marina, that is between the proposed fill and the breakwater. e. Authorize the amendment of the pending Corps of Engineers Permit whereby construction of the proposed boat slips on the protected south side of the Peoples Street T -Head can be commenced prior to February 18, 1985. f. Amend the Ground Lease Agreement whereby an additional eighteen months would be available if necessary to obtain the Corps of Engineers permit required for the proposed landfill. City Manager Martin reviewed the lease that was approved on first reading on November 13, 1984. He explained that Bayfront Associates had sent a letter to the City requesting that certain amendments be made to their lease and those amendments included an 18 month extension for the commencement of the project. He reviewed the amendments listed above and stated that the staff is concerned about item "E" in regard to the proposed boat slips to be constructed on the Peoples Street T -Head. He pointed out that if the project does not receive a Corps of Engineers permit at any point, the City would end up with a private party having the boat slips and stated that he would recommend to the Council that the ordinance be amended to delete the amendment pertaining to the construction of the proposed boat slips on the Peoples Street T -Head prior to February 18, 1985. Mayor Pro Tem Turner then made a motion that item "e" pertaining to the amendment to the pending Corps of Engineers Permit in regard to the proposed boat slips to be constructed on the Peoples Street T -Head be deleted. The motion was seconded by Council Member Brown. Council Member Kennedy inquired if that was the location where the City could put boat slips, and City Manager Martin explained that the private development of the boat slips would be different and if for some reason the Corps of Engineers Permit was not issued, there was a question as to whether the City would have the option to take over the boat slips. Council Member inquired if for some reason the developers did not receive the Corps of Engineers Permit if the City might have the option to take over the boat slips. He stated that he felt that the boat slips are needed now and this would provide the mechanism to build the slips. *Deleted - See page 21 _nutes Regular Council Meeting December 4, 1984 Page 14 Council Member Berlanga expressed the opinion that amending the ordinance is rather premature. He stated that he felt that the boat slips were part of the landmass. City Manager Martin explained that the developers are requesting that they be allowed to construct the boat slips on the T -Head. He stated that the motion is that the developer not be allowed to build the boat slips unless the Corps of Engineers Permit is issued. Council Member Slavik agreed to deleting item "e" because she objected to the premature construction of the boat slips. Council Member Kennedy stated that it is not premature to build the boat slips because there is a need for them and he suggested that some mechanism be devised for the City to take over the boat slips if the Corps of Engineers Permit is not issued. Mayor Jones stated that he will support the motion to amend the ordinance because the felt that allowing for the installation of the boat slips prior to the issuance of the permit complicates the entire issue. Mayor Jones asked for a show of hands of those who were of the opinion that this should be deleted. The indication was that seven Council Members would vote in favor of amending the ordinance and Council Member Kennedy indicated that he would vote no on the amendment. Mayor Jones interjected that the Council and the members of the audience are present to discuss Ordinance 24, which is an amendment to the contract of the existing agreement. If the Council approves this ordinance, it means that the existing contract will be amended, but if the ordinance is defeated, the existing contract will still be in effect. Assistant City Manager Utter pointed out that it would be a breach of contract if the Council cancelled the contract and the developer could sue the City. He pointed out that if the Council does not approve the extension and the Corps of Engineers did not grant the permit, he did not believe that the City would have any liability. City Manager Martin agreed by stating that there is no cancellation provision even though there was one until September 30, 1983 which was included in the original agreement so that the new City Council could make the decision on this agreement. Council Member Slavik stated that she agrees with the deletion of the item pertaining to the boat slips, but she would continue to call for a referendum on the contract. She stated that most people would prefer to have a vote on this issue. She stated that she still does not support buildings in the Bayfront but she did feel that the downtown area should be supported. She stated that she was working on plans that will be available in a few months for revitalizing the downtown area. mutes Regular Council Meeting December 4, 1984 Page 15 Mayor Jones called for comments from the audience and asked that comments be limited to the changes proposed on the Landmass agreement. Mr. Lewis Perez expressed support of the Landmass and stated that many of his friends did too. He stated that he felt that it would be nice if the original size could be retained because he felt that this is something the City really needs to attract tourists. He stated that he had a letter in favor of the Landmass from residents of District 4. He explained that they feel that the Landmass would be an addition to the community; they're in support of it; and they're in support of the Council Members who are in favor of the Landmass because it will provide jobs and money for the people of Corpus Christi. He stated that on behalf of the residents of District 4 he indicated that they would like to have a better representative who is in favor of City growth. Mr. Bill Darby spoke in opposition to the Landmass. He stated that in order to govern effectively, an administration must have the confidence of the people and he was of the opinion that this administration has lost the confidence of the people because he felt that the east side of Shoreline should be the area designated for recreational activities. He also expressed the opinion that any 40 -year lease should be approved by the voters. He reminded the Council that there are several federal agencies that are very concerned about the proposed Landmass, mentioning in particular Fish and Wildlife Service, EPA, as well as the Flood Management Association. He stated that there is logical and overwhelming opposition to the Landmass. He mentioned the other areas of the City that need growth and development more than the Bayfront. Mr. Leo Perez stated that he did not even know the Bayfront Associates and expressed the opinion that they are out of town people. He questioned the need for a Landmass in the Bay and the reason why it should be placed there since other cities do not have anything like this. He also spoke in opposition to the Barge Restaurants that utilize all of the existing parking spaces on the existing landmasses. He mentioned other areas where similar projects could be developed on existing land in the downtown area. Mr. Galen Westwick, speaking for OPUS, expressed opposition to any extension of time on this existing agreement. He also objected to starting any work on the boat slips before the Corps of Engineers Permit is obtained. He expressed the opinion that the changes proposed are so extensive that this is actually a new contract and stated that the proposed changes do not address the basic objections. Mr. Gus Leija, 2001 Treyway Lane, stated that he is the past chairman of the local GI Forum and he wants to reaffirm their opposition to the landmass. He stated that the Bayfront belongs to the citizens, not to individuals. He too pointed out that there are three federal agencies that are opposed to the Landmass and questioned why the citizens' concerns are not being considered because he felt that they should have a vote on what is to happen on the Bayfront. Mr. Ed Notzon, 715 Upper South Broadway, expressed opposition to the Landmass. He stated that he felt that the issue would soon be resolved and during that time he would hope that citizens could keep a sense of balance and _Lutes Regular Council Meeting December 4, 1984 Page 16 not attack personalities. He pointed out that there are fine people who are opposed to the Landmass and there are fine people who are in favor of it. He also complimented Council Member David Berlanga on the good job he is doing. Mrs. Pat Duaine, 4909 Branscomb, stated that she was persuaded to come down here one more time, but she was of the opinion this is a merry-go-round and although she realizes that jobs are very important, she questioned whether the construction jobs would really be available for local residents. She stated that most of the citizens in this community are in favor of having this issue on a referendum and on August 11 they asked for a referendum. She again urged that this be considered. Mr. Frank Hankins, 721 Crestview Drive, agreed with Mr. Notzon's views, that people should not get mad at everyone else over this issue. He compared this issue to that when the Convention Center was under consideration, at which time a Landmass was considered for that structure. He pointed out that Corpus Christi citizens do not like for anyone to tamper with the Bay. Mr. Dean Banks, 225 Waverly, stated that the key to the entire issue is item "f" of the proposed amendments which would extend the time limit 18 months beyond February 18, 1985. He stated that if the extension is not granted, the Landmass is dead and he feels that the wisest course would be for the Council to allow this to happen. He pointed out that from the beginning, this Landmass met with many obstacles. He did not believe that a Corps of Engineers Permit would be forthcoming. He stated that he was of the opinion that a majority of the people of Corpus Christi are opposed to the Landmass as well as several federal agencies. He then mentioned the fact that Bayfront Associates has already lost a lot of money on this project and asked Tom Utter for an estimate of the time that City staff members have spent on this project. He pointed out that under the existing laws of the Reinvestment Zone, the City staff is required to reveal how much staff time has been spent on the Landmass. Mrs. C. A. Gregg, 308 Katherine Drive, spoke in opposition to the Landmass because it will interfere with the view and the sweep of the Bay. Mr. Hank Snyder, 3632 Ocean Drive, commiserated with the Council for all of the time they have devoted to this subject. He suggested that the Taxpayers Association be sent to the Grand Cayman Islands where there are rio taxes. He again referred to the Seaport Village in San Diego which is similar to the proposed project and is very beautiful. He also reminded the Council that at the time the T -Heads were constructed, an additional one was in the planning stage and it was always the intention to construct another landmass at the same location where this one is proposed. Mr. Tom Matthews, 6014 Parkland, stated that he felt that the real issue was one of economics and urged that some of the divisiveness be eliminated. Mr. Gene Pennebaker, 902 Barracuda, pointed out that there are 620 boat slips in the marina and about one-half of those were paid for with private funds. He stated the project might not be successful without the boat slips for income. _Lutes Regular Council Meeting December 4, 1984 Page 17 He stated that he approved of the amendment to delete the reference to the boat slip from this amending ordinance. Mr. Averill Carr, 358 Flato, urged that the 18 -month extension be denied. Mr. Bill Holland, 4425 Cobblestone, stated that he is a representative of the Support Our City group and they wanted to let the Council know that they support the Council in the Landmass and the extension of the contract for 18 months. He reminded the Council that this is not the first group that has had to have a contract extended. Mr. Robert Earley, 7140 Premont Drive, a representative of the Hershey Hotel, stated that he was also speaking as a citizen of this community. He stated that the Hershey Association is very familiar with the plans for the Landmass project and they are in total support of the project. He agreed that obviously there may be some self-interest in their position, but in addition to that, they're concerned about the tourism industry in the City. He stated that someone had mentioned low paying jobs will be associated with the Landmass, but those kind of jobs are needed to place people in positions if they have no jobs, particularly young people who have just graduated from high school. Mr. Ed P. Williams, 420 Dolphin, stated that he thinks that the Landmass will be decided on its own merits. He urged that projects that are already in the planning stage, such as Corpus Christi Beach, be implemented. He referred to work that has started on the Furman Building which will improve the downtown area. He stated that he agreed that additional boat slips should be constructed and concurred with the statement made that there was another T -Head in the planning stage several years ago, but he did not think the Landmass should be constructed by Bayfront Associates. Mrs. Kathy Stacy, 18311 Sea Horse, informed the Council that several years ago she had paid a lot of money for a house on the water and she thinks that the people who are opposed to the Landmass were also opposed to the development on Padre Island and other projects. She pointed out that the downtown area is dying and a project such as this will create interest in renovating the downtown area. Mrs. Susan Taft, 7201 Harrison, stated that she is speaking on behalf of the Tourist Bureau and the Convention Center. She commended the developer who has attempted to respond to the concerns expressed by some citizens by requesting amendments to the original Landmass contract. She also commended the City Council Members for their ongoing support of the project. She stated that tourism is suffering somewhat right now, and they feel that the Landmass will provide a needed impetus to get tourism improved. Mr. Jack Talbet, 829 Egyptian, expressed opposition to extension of the contract. He suggested that this ordinance not be approved and the original contract be allowed to expire in February, following which the citizens would be allowed to vote to approve bonds for this type of project. Ms. Charla Long, 7122 Premont, #C202, stated that she wanted to point out that since this project was started, the difference of opinion has progressed to _.utes Regular Council Meeting December 4, 1984 Page 18 the point that the people involved are making absolute misstatements. She mentioned that the Landmass would be an asset to the City and she hoped that the Council approves this on second reading. She expressed the opinion that the developers have responded in a very responsible manner to some objections to the project and she felt that they had done so in good faith and intended to construct this project in the manner they have indicated which will definitely be an asset to the City. Mr. John Neet, 449 Atlantic, stated that he felt that this reading should be approved so the project can get started. Mr. Tom Hunt, Sr., 75 Townhouse Lane, stated that evidently the mandate of the people does not bother the Council Members. He pointed out that they are responsible for the life and safety of the people of this City and then read the FEMA opinion about the proposed Landmass. He stated that they are concerned about the project as it relates to flood hazards. He urged that the amendments be put to a vote of the people. Mr. Joe Gardner, representing Bayfront Associates, stated that he would like to address some of the remarks made. He pointed out that the response at the public hearings has been 2 to 1 in favor of the project. He referred to the remark made that Bayfront Associates is an out of town company and he assured the Council and the members of the audience that he and the partners of Bayfront Associates are all long-time residents of Corpus Christi who are vitally interested in the City. He referred to the question of the FEMA regulations and stated that the Executive Order speaks to the "practical alternative" and if there is no practical alternative, the project can be established in a "V" zone. He stated that it disturbs him that Mr. Hunt is threatening the Council with a loss of homeporting if this is approved, because there is no basis for that statement. Mrs. Louis Volkner, expressed opposition to the Landmass because of the damage that would be done during a hurricane. Council Member McComb expressed appreciation to speakers on both sides of the issue. He stated that in terms of some of the comments, he would like to point out that the Council's decision today is on amendments to an existing legal contract and whether they support the landmass or not, they are here to approve these amendments only. He stated that the City has a legitimate contract; the developers have asked for amendments; on August 3, 1984, Council Member Slavik and he spoke to the Central Business District Association, and during that session, Mrs. Slavik explained her major concerns about the landmass, one, the size of the landmass, the size of the buildings, the types of operations. He pointed out that at that time, she stated that other than those, she had no objections to the Landmass. He pointed out that these objections have been addressed with these amendments by the developer. He stated that from a legal standpoint, the City has a legal document; the City Council frequently approves amendments to contracts; and he felt that the Council was obligated to respond to the amendments and he felt the concerns of the public could then be met. Mr. McComb stated that another matter of concern to him is the statement that if the Council does not put this to a referendum, that fact will have a detrimental effect on the decision to locate homeport here. He stated that he felt that the one thing that would turnoff the Navy would be the fact that this .lutes Regular Council Meeting December 4, 1984 Page 19 City has a government by referendum. He expressed the opinion that it is very important for people to know whether they can negotiate with City officials to make agreements that are valid. He stated that he felt that the proposed amendments are in the best interest of the community, except for allowing the construction of the boat slips. Council Member Slavik informed the Council that she worked on the RUDAT Committee with the Chamber of Commerce as a volunteer on the downtown revitalization, but nothing was ever done about it. She expressed the opinion that the landmass is not the answer to the City's problems because buildings on a landmass are wrong and they should be located in the downtown area. She encouraged the Tourist Bureau and Industrial Development Commission to do something to improve the downtown area. She informed the Council again that she is doing something to improve the downtown area because property is available downtown for redevelopment and she has been studying various possibilities related to this. She assured the Council that she is not opposed to a fourth T -Head for boat related activities, but she felt that it was wrong to place buildings on a landmass and she still felt that she was right about the Landmass. Council Member Brown expressed appreciation to the citizens for taking a stand on this matter. He stated that the City Council cannot go against a legal contract that they have with Bayfront Associates because if they did, no one would trust the City administration again and private investors would hesitate to design projects for the City. He stated that the City Council is working to revitalize the downtown area and mentioned in particular the renovation of the Furman Building which would be started the next day. He stated that a referendum on the amendments would not solve anything. Mayor Jones expressed the opinion that this is a very complex issue. He stated that Mrs. Charla Long, who is an attorney, pointed out that there have been a lot of misstatements and he felt that this was true. He referred to the recent poll conducted by Corpus Christi State University to which 353 people responded and pointed out that a larger percentage expressed approval of the Landmass than those who were opposed to it. He noted that the aquarium has not even been mentioned during these discussions and he thought that that was one of the most important issues. He stated that the aquarium still has a contract with the City to be located on the T -Head and he felt that the Aquarium would be very important to the City of Corpus Christi. He stated that he is in support of this landmass because he feels that any jobs generated are needed, even if they are minimum wage jobs and pointed out that the buildings proposed to be constructed on the Landmass are necessary to generate income. Mayor Pro Tem Turner recalled that she had moved to Corpus Christi in 1954 and felt that it was very beautiful and she was very happy to be here. She stated that at that time the downtown was a vital part of the City. She related the things that have happened during the five years she has been on the Council, but expressed the opinion that there is more that needs to be done. She mentioned the importance of the tourist industry. She stated that her only concern in regard to the amendments was item "e" which would allow the construction of the boat slips on the T -Heads and that is why she made the motion to delete that item from the ordinance. She reminded the members of the ..utes Regular Council Meeting December 4, 1984 Page 20 audience that the Council is not here to approved the Landmass today, because the issue is whether the amendments should be approved to a legal contract that is already in effect. She stated that she felt that the extension should be granted until such time as the Corps of Engineers either approves or disapproves the permit. She noted that the amendments are just to allow the Corps of Engineers the time to respond. She stated that she has had the opportunity to examine landmasses in other cities and if they are designed properly, there is no question that they could help revitalize the community. Council Member Berlanga stated that the issue in his opinion is whether the Council has provided all of the citizens an opportunity to have input as to what they think about the project. He pointed out that ever since the amendments were proposed, he has been concerned because the ordinance would alter the original contract. He stated that he felt that the Council should allow the contract to run its course. He agreed that he had supported the Landmass originally but he did not now, particularly because the federal agencies are opposed to it. Council Member Kennedy expressed the opinion that this is a good project; he has always been in favor of it; the City needs more water oriented things for people to do in Corpus Christi and he has seen similar projects in other cities which have been very successful. He expressed the opinion that this will provide additional boat slips which are needed very badly and is a good plan for the public/private development. He stated that the changes proposed are very positive ones and reminded the Council and the audience that every project on the Bayfront has had to have an extension of their term. Council Member Mendez expressed the opinion that the proposed changes actually improve the existing contract and he felt that the jobs to be generated, even though they are at entry level, will still help the people in Corpus Christi. He pointed out that with all of the unemployed people in the City, these jobs are definitely needed and are very important to our economy. He pointed out that tourism is very important to this City and will continue to be and he felt that the Landmass will help tourism. He stated that he supports the Landmass and other public/private ventures. Council Member McComb referred to the phrase in the ordinance authorizing the amendments which states "not to exceed 100,000 square feet" is too vague. Council Member McComb then made a motion that the language should say "shall contain so many square feet, not to exceed 100,000 square feet". Assistant City Attorney Jay Doegey read the amendment which already states "the buildings would be approximately 90,000 square feet (80,000 to not more than 100,000)". Mr. Utter pointed out that they could not build less than 80,000 square feet. Council Member McComb suggested that his motion be amended to state "buildings not to exceed 100,000 square feet". Mr. Doegey stated that he would be uncomfortable with that if the developer is not charged with buildings of a certain size. .__.rotes Regular Council Meeting December 4, 1984 Page 21 Mayor Jones stated that he felt the attorneys should draft this. Mr. Doegey continued by stating that the contract should change some basic specifications and if the Council was uncomfortable with the minimum of 80,000 square feet, then it could be changed, but he definitely thought that the approximate size of the project should be included in the ordinance. Council Member Slavik departed the meeting because of an emergency. Council Member McComb then withdrew his motion. Council Member Berlanga departed the meeting at 6:19 p.m. Mayor Jones called for the vote on the motion to delete item "e" and it passed by the following vote: Jones, Turner, Brown, Kennedy, McComb, and Mendez voting "aye"; Guerrero and Slavik absent at the time the vote was taken; Berlanga absent from the room at the time the vote was taken. City Secretary Read then called for the vote on the second reading of the amended ordinance and it passed as follows: 24. SECOND READING AMENDING EXHIBIT "A" OF ORDINANCE 17753 PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 3, 1983, REDUCING THE MAXIMUM AUTHORIZED HEIGHT OF STRUCTURES, REDUCING THE AMOUNT OF SURFACE GROUND FILL AREA AND ALLOWING AMENDMENT OF THE PENDING CORPS OF ENGINEER PERMIT APPLICATION. The foregoing ordinance was read for the second time and passed to third reading by the following vote: Jones, Turner, Brown, Kennedy, McComb, and Mendez voting "aye"; Berlanga, Guerrero, and Slavik absent at the time the vote was taken. City Secretary Read informed the Council that two of the absent Council Members had requested that their votes be recorded and had indicated to him the way they wished to vote. He asked for the Council's opinion and it was determined that Council Members who are absent from the room at the time the vote is taken should not be allowed to have their votes recorded. Council Member Berlanga returned to the meeting at 6:25 p.m. Mayor Jones called for a ten minute recess at that time. * * * * * * * * * * * * * Mayor Jones reconvened the Regular Council Meeting at 6:35 p.m. Council Member Berlanga apologized because he was not in the room at the time the vote was taken on the ordinance but he had an emergency. * * * * * * * * * * * * * Mayor Jones announced the public hearings on three zoning applications. . _. utes Regular Council Meeting December 4, 1984 Page 22 25. Amendment to the Zoning Ordinance to reduce the parking requirements for marinas which is the result of research and a survey of marina operations around the country. Recommendation of the Planning Commission and Staff: That it be approved. Assistant City Manager Tom Utter stated that he is recommending that the hearing be opened and the Council discuss this amendment but he would like to recommend that the ordinance not be passed today because of the necessity to further consider the number of parking spaces that should be required per boat slip. Mr. Utter explained that the staff is reviewing the entire Marina on various waterways in Corpus Christi and the decision had been made that they should examine the Marina parking requirements. He informed the Council that this has been discussed with other cities about adequate parking to serve boat slips and 47% of the cities and marinas contacted had no requirements whatsoever. He explained that the existing zoning ordinance requires one parking space per boat slip and the staff has found that to be far excessive. He referred to his memorandum and stated that it suggested that consideration be given to one-half a parking space per boat slip or .25% parking space for dry dock, but for restaurants, etc., the normal parking requirements according to the zoning ordinance would be required. He explained that the Marina Board had recommended .5% parking space per boat slip but the staff feels that more work should be done on this before an ordinance is passed. He expressed the opinion that the proposal is for 3 parking spaces per five boat slips but the staff feels the ordinance should be more comprehensive to take into consideration large pleasure boats. Mr. Gene Pennebaker stated that he has no problem with this because he thinks it is a good idea for the Marina in general. He stated that no one seems to know how many parking spaces the Marina has, but he thinks they have approximately 950 spaces to take care of the boat owners, restaurants, etc. He recommended that the Marina be divided into categories to define how many parkings spaces should be allowed for boat slips and other uses that are in existence. 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 Kennedy and passed unanimously. Mr. Utter stated that he would like to withdraw the ordinance approving the zoning which will be brought forward at a later date. * * * * * * * * * * * * * 26. Amendment to the Zoning Ordinance creating a new zoning district, "R-TH" Residential Townhouse District. One of the purposes of this district is to provide affordable housing by incorporating the zero lot line concept on both side lot lines which will provide more housing units per acre, which is not now provided for in the Zoning Ordinance. _ _. utes Regular Council Meeting December 4, 1984 Page 23 Mr. Utter recalled that several Council Members have indicated a desire to help provide affordable houses and one of the things that needs to be done to accomplish this is to reduce the land cost; therefore, the staff recommends a new zoning district called "R-TH" which allows for the use of zero lot lines. He stated that the Planning Commission recommends approval and the developers are in favor of it. Mr. Larry Wenger, Director of Planning, explained that the proposed zoning district creates a townhouse type of district which would allow a builder to construct two units with dividing walls and the owners would purchase a lot on which one wall would be the property line. He explained that the idea is to develop these on minor streets because two units would share a common driveway. He explained that the lot could be reduced to 3,300 square feet, provided they use the alley for access. He explained some of the other characteristics for the new zoning district and stated that there will be some landscaping requirements, including a specific number of trees and shrubs for so many feet. He explained that the staff will also require a visual triangle to allow people to back out of garages and some type of ground cover will be required as well. He explained that this will allow 12.1 housing units per acre. He further explained that in order to prevent the developer from selling individual lots under this zoning, the ordinance will require that one developer will construct all of the units. Mr. Utter explained that this ordinance could be used to help in older subdivisions in which three or four lots remain which have not been developed. Mayor Pro Tem Turner inquired about he possibility of some type of zoning between "R-2" and "A-1" and Mr. Utter replied that the staff is still studying this. No one spoke in regard to this zoning application. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Mendez and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: ORDINANCE NO.18588 AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 3, DEFINITIONS; ADDING A NEW ARTICLE 6B, "R-TH" TOWNHOUSE DWELLING DISTRICT REGULATIONS; AND AMENDING ARTICLE 24, HEIGHT, AREA, AND BULK REQUIREMENTS TO CREATE A NEW ZONING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, and Mendez voting "aye"; Guerrero and Slavik absent. * * * * * * * * * * * * * ..utes Regular Council Meeting December 4, 1984 Page 24 26. Amendment to the Platting Ordinance, Section IV, Design Standards, Subsection E, Lots, Paragraph 2 (a) and (b) to change the 35' minimum lot width to a 30' width, and from a 4,500 square foot lot area to a 3,300 square foot lot area and adding a new subsection as Subsection I. Zero Lot Line Division to require that when a developer utilizes the zero lot line concept, a symbol be placed on the final plat of each lot to indicate which lot line will be designated zero. Mr. Utter explained that this is just to approve another ordinance to allow an amendment to the Platting Ordinance to make the "R-TH" zoning comply with the Zoning Ordinance. No one 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 Mendez and passed unanimously. City Secretary Read polled the Council it passed as follows: ORDINANCE N0.18589 AMENDING THE PLATTING ORDINANCE, LOTS, PARAGRAPH 2 (a) AND (b); EMERGENCY. for their vote on the ordinance and SECTION IV, DESIGN STANDARDS, SUBSECTION E, ADDING A NEW SUBSECTION I; AND DECLARING AN The Charter Rule was suspended and the following vote: Jones, Turner, Berlanga, voting "aye"; Guerrero and Slavik absent. foregoing ordinance passed by the Brown, Kennedy, McComb, and Mendez * * * * * * * * * * * * * Council Member Berlanga stated that he had spoken with Mr. Juan Gussonni who wants to send the King of Spain a photograph of the bust of De Pineda. He explained that the King of Spain is planning a trip to this area in the near future and Mr. Gussonni wants to make this gesture to assure the King that he is welcome here. Mayor Jones suggested that Margaret Wead of Information Services provide the picture and the Council could autograph it and send it to the King of Spain. There being no further business to come before the Council, on motion by Council Member Mendez, seconded by Council Member Kennedy and passed unanimously, the Regular Council Meeting was adjourned at 7:05 p.m., December 4, 1984. DZ/tkd