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HomeMy WebLinkAboutMinutes City Council - 10/01/1985Present Mayor Luther Jones Mayor Pro Tem Jack Best Council Members David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong Minutes City of Corpus Christi, Texas Regular Council Meeting October 1, 1985 2:00 p.m. City Manager Edward Martin Asst. City Attorney Jay Doegey City Secretary Armando Chapa Mayor Luther Jones called the meeting to order at 2:00 p.m. in the Council Chamber of City Hall. The invocation was given by Mr. Lewis Lovelace, following which the Pledge of Allegiance to the Flag of the United States was led by Sharon Mason. City Secretary Armando Chapa called the roll and verified that a quorum of the Council and the requited Charter Officers were present to conduct the meeting. A motion was made by Council Member Frank Mendez that the minutes of the September 24, 1985 Regular Council Meeting be approved, seconded by Council Member Leo Guerrero, and passed unanimously. Mayor Jones presented 30—year pins to the following employees: Name Fernando G. Rodriguez Celestino Cisneros Charles Wilburn Guadalupe Hernandez *Ted M. Abell *Albert S. Allen, Jr. *Unable to attend the meeting. Department Street Street Park Sanitation Fire Fire Position Street Supervisor Senior Street Foreman Park Maintenance Foreman Equipment Operator II Firefighter Assistant Fire Chief Mayor Jones then administered the Oath of Office to the following newly appointed members of City Boards: Mr. Ed Rivera, Private Industry Council; Dr. MICROFILMED Minutes Regular Council Meeting October 1, 1985 Page 2 Oscar Garcia, Solicitations Commission; and Mr. John Crutchfield, Corpus Christi Business Development Commission. Mayor Jones called for confirmation of the following Board and Committee appointments: I. BOARD AND COMMITTEE APPOINTMENTS: a. Cable Communications Commission: Term: Robert L. Gilmartin (Community -at -large) 7-27-86 Norma Anne Cavazos (Local Government) 7-27-87 b. Private Industry Council: (Appointment made from among nominees submitted by the Corpus Christi and Mexican American Chambers of Commerce.) John H. Frederick (Private Sector) 6-30-87 c. Museum Advisory Board: Josephine Sparks (City) Richard N. Conolly (Museum Advisory Board; Reappointment) d. Sister City Committee: 9-01-88 9-01-88 H. C. Tijerina (General Chairman) 5-86 e. Senior Community Services Advisory Committee: Ruth M. Bakke 12-26-86 A motion was made by Mayor Pro Tem Jack Best that the appointments be approved; seconded by Council Member Guerrero; and passed unanimously. * * * * * * * * * * Mayor Jones called for consideration of the Consent Motions, items 1 thru 13. 1. Approval of specifications and authorization to receive bids October 23, 1985, for approximately forty-two pick-up trucks and five vans for various City departments. All units are included in the 1985-86 Capital Outlay Budget. Estimated expenditure is $405,200. 2. Approval of specifications and authorization to receive bids October 23, 1985, for twelve month services agreement, with option to extend for an additional twelve months, at the same terms and conditions, subject•to the 'nutes gular Council Meeting October 1, 1985 Page 3 approval of the supplier and the City Manager, or his designee, for wrecker service for City owned vehicles and equipment, to be administered by Maintenance Services Department. Estimated total annual expenditure is $36,500. 3. Approval of specifications and authorization to receive bids October 23, 1985 for one truck mounted regenerative air sweeper to be used by Street Division. This item is included in the 1985-86 Capital Outlay Budget with an estimated expenditure of $75,000. 4. Approval of specifications and 1985, for thirty-two Police station wagons, and compact Estimated total expenditure is 1985-86 Capital Outlay Budget. authorization to receive bids October 23, sedans and thirty-eight standard sedans, mini -vans for various City departments. $675,825. All units are included in the 5. Approving the purchase of playground equipment including wood play systems, covered picnic units, barbecue grills, basketball goals, baseball backstops, park benches, and swings for Wiggins, Stonegate, Greenfield, Almanza, Lincoln, Lexington, West Guth, Crossgate, Brighton, Waldron, and Crestmont Parks as follows: a. Persennaire Park & Playground b. Vaughan & Associates Houston, Texas Dallas, Texas Item 1 $14,685 - Best Bid Item 2 $20,824 - Best Bid Item 3 $ 6,016 - 'Best Bid Item 5 $ 5,222 - Low Bid Item 8 $ 1,916 - Best Bid TOTAL: $48,663 c. Sports and Recreation Products Laredo, Texas Item 6 $ 5,886 - Low Bid Item 7 $ 2,020 - Low Bid TOTAL: $ 7,906 Item 4 $ 1,368 - Low Bid TOTAL: $ 1,368 GRAND TOTAL: $57,937 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 supplier and the City Manager, or his designee, for pipe repair clamps to be used by the Water, Gas, and Park Departments, based on low bid, low bid meeting specifications, and best bid to the following companies: CASCADE MANUFACTURING, INC. Item Group 1, Full Circle Clamps (low bid) Item Group 3, Large Diameter Clamps (best bid) $ 7,954.50 3,627.00 Pi Lauf Frs Regular (1,.g October 1, Page 4 PI- t7; -,jai., Clamps (low bid) S0UTlHWWFS'1 M1.l..iRS Item .;roup 2, Supet Range Clamps (iow bid) Item Croup 4, Tapped Full Circle Clamps (low hid) item Group 5, Steel Repair Clamps (lc: bid meeting specifications) AiJIA U"1 il_i l LES lten.irot:;> 6, eel. .euplings (low btu) ,!:AND 169.00 $11,750.50 $55,718.10 4,990.30 185.00 $60,893.40 $ 9,520.42 $82,164.32 L;d:; i4:;tied, tw(:::e bids were received. Prices have decreased apt„ ozfmat:el,; 77 1. row fast contract of October, 1983. .Ii.pt,i.:;.'ing a L,Jeive mouth supply agreement with option to extend for an t..)>e months, at the same terms and conditions, subject to the approval of the supplier and rhe City Manager, or his designee, for approximately 1t),000 feet of steel line pipe (size 2", 4", 6", 8", and l6") to be used Ly the Cs Division, to Pipe Exchange International based ou l.n- (Ad Y'87,750. "eventeen bid invitations were issued, six bids were received. Prices have decreased approximately 4.8% from last contract of May, 1984. Approving a twelve .•±Whit lease agreement for 1,440 square feet of office space at 606 Waco Street. for the ASARCO - Older Worker projects at the rate of $1,150 pe. month. Gust includes all utilities and eight parking spaces. Funds areavailable through the DTPA program. Afp,:cenub the following .actions on the Water Well Drifting Services contract with Crowell Drilling Company: 'the fourth water well drilled by Crowell Drilling Company he accepted and remaining funds ;,f $35,281.31 be authorized to the contractor. the tutai Lust of this well is $137,497.14. i 1('cl.I G,ti ling coupon,. b,, authorized to drill an additional (fifth) ..yell under their tcntraetat a cost of $142,107. Funds for this work have previously been tppropriat:ed. Minutes Regular Council Meeting October 1, 1985 Page 5 10. Approving the following actions on the Sunnybrook Drainage Improvement project: a. The contractor be granted an 11 -day time extension against a 16 -day time overrun due to delays beyond his control and liquidated damages be charged for the remaining 5 days at the rate of $100 per day for a total of $500. b. The project be accepted and remaining funds of $11,490.40 be author- ized to the contractor, Richard L. Brown and Stanley R. Brown, a Joint Venture. The total cost of this 1982 bond project is $114,903.95. 11. Approving Change Order No. 1 in the amount of $21,379.31 to the Flour Bluff Wastewater Treatment Plant Expansion Project. Change Order No. 1 provides for electrical modifications as well as improvements which will upgrade operations at the plant. Funds to cover the change order are available in the contingency account for this project. 12. Approving renewal of the concession contract at Memorial Coliseum with Noble Food Service, Inc. through January 1, 1988. 13. Authorizing the City Manager to execute a contract with the Texas Department of Health to continue the special supplementary food program for women, infants and children during the year October 1, 1985 through September 30, 1986. Council Member Guerrero stated that he had asked that a map be prepared showing the parks to receive playground equipment. (Item 5) Mr. Terry Dopson, Director of Park and Recreation, and Mr. Mike Gordon, Park Superintendent, displayed a map of the parks that had received equipment in the last year or had funds appropriated for purchase of equipment. Mr. Dopson explained that the funds were either bond funds or CDBG funds, and City Manager Edward Martin stated that he would provide the Council with a list of parks that had received funding, the appropriation breakdown, and the amount of funding. Council Member Guerrero pointed out that Brighton Park and Crestmont Park are fairly new parks, and he questioned why those parks were more developed than parks that have been in existence for many years. City Manager Martin pointed out that the City has a program whereby funds are provided from Revenue Sharing to improve the parks based upon scoring on the Neighborhood Assistance Application submitted by neighborhood associations. Minutes Regular Council Meeting October 1, 1985 Page 6 Mr. Dopson stated that the decision of where to place the equipment is dictated by the bond election; CDBG funds must be used in CDBG areas; and the funds in the Park Trust Fund are utilized for citizens' requests for improve– ments to parks. Mayor Jones pointed out that the City requires park land dedication in new subdivisions, and Mr. Guerrero expressed the opinion that Brighton Park is receiving more equipment than other older parks. Mr. Dopson pointed out that currently there are no improvements in Brighton Park. Mr. Martin stated that Brighton and Crestmont Parks were approved by the City Council under Revenue Sharing matching funds, and Almanza, Lincoln, Lexington, and Greenfields Parks are being funded through the Park Trust Fund. He stated that the list he will give to the Council will answer all of their questions on the funding for parks. Mayor Jones called for comments from the audience on the Consent Motions. There were none. A motion was made by Council Member Frank Mendez that items 1 through 13 be approved; seconded by Council Member Guerrero; and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances, items 14 thru 17. There were no comments from the Council or the audience on these ordinances; City Secretary Chapa polled the Council for their votes; and the following ordinances were approved: 14. RESOLUTION N0. 19033 APPROVING AN AGREEMENT BY CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION TO ISSUE BONDS FOR FURMAN PLAZA, LTD. AND THE BOND RESOLUTION PROVIDING FOR THE ISSUANCE OF SUCH BONDS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 15. ORDINANCE N0. 19031 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF HOWARD STREET, FROM 19TH STREET TO BEN GARZA PARK; AND DECLARING AN EMERGENCY. -The Charter Rule was suspended and the ordinance passed as follows: Jones, est, Berlanga, Guerre— , McComb, Mendez, Pruet, Slav', and Strong voting aye." Minutes Regular Council Meeting October 1, 1985 Page 7 16. ORDINANCE N0. 19032 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET HOWARD STREET, FROM 19th STREET TO BEN GARZA PARK; DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL FOR OCTOBER 29, 1985 DURING THE REGULAR 2:00 P.M. COUNCIL MEETING, IN THE COUNCIL CHAMBERS, CITY HALL, 302 SOUTH SHORELINE BOULEVARD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 17. FIRST READING AMENDING CHAPTER 23, HEALTH AND SANITATION, OF THE CITY CODE, BY ADDING A NEW SECTION 23-19, ANALYSIS OF PRIVATE WATERS FEE, TO ESTABLISH A SCHEDULE OF FEES TO BE CHARGED FOR LABORATORY TESTING OF WATER SAMPLES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the first time and passed to its second reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." * * * * * * * * * * * * * Council Member Slavik referred to the issuance of Certificates of Obliga- tion in the sum of $1.3 million for Airport Capital Improvements, and stated that she felt an 8.6% interest rate was high. Mayor Pro Tem Best pointed out that this rate is below prime interest rate. Mr. Martin explained that the bonds may be called at any time without penalty. Regarding Ordinances 19 thru 21, amendments to the Platting Ordinance regarding lot/acreage fee exemptions for remote areas in the extraterritorial jurisdiction of the City, City Manager Martin displayed a map of areas in the City that will be excluded by passage of these ordinances. Mayor Jones called for comments from the audience on ordinances 18 thru 21. Mr. Lewis Lovelace, 1549 Casa Grande, expressed the Corpus Christi Taxpayers Association objections to the issuance of Certificates of Obligations for improvements to the Airport. He stated that this issue should be voted upon by the people and that the taxpayers should not subsidize the airlines. Minutes Regular Council Meeting October 1, 1985 Page 8 Mrs. Donna Shirley, 3636 Flour Bluff Drive, stated that the Airport's revenues from last year were $22,000 and the Airport has a deficit of $396,000. City Manager Martin questioned the source of Mrs. Shirley's information and stated that the Certificates of Obligation will be paid by the increased revenue from parking fees and the balance will be paid through the property tax. He stated that two-thirds of the debt will be paid from parking fees and one-third from property tax, unless the oil well at the Airport continues to bring in revenue as it has previously. Mrs. Shirley inquired if there would be a tax increase because of the Certificates of Obligation, and Mr. Martin stated there would not. Mr. Lovelace stated that since Mr. Hayden Head owns land surrounding the airport he should be assessed the cost of the Certificates of Obligation, as he will gain if the City decides to expand the Airport. City Secretary Chapa stated that an affidavit is on file in accordance with Article 988b of Vernon's Annotated Texas Statutes, which states Mayor Jones owns stock in MBank, and therefore he will abstain from voting on ordinance 18. Council Member Berlanga stated that he will also abstain on ordinance 18 due to the allegations that were made regarding the financial condition of the airport. City Manager Martin informed the Council that the judgement was in favor of the City regarding the lawsuit filed by the Taxpayers Association which challenged the effective tax rate. There were no further comments from the audience on Ordinances 18 through 21; City Secretary Chapa polled the Council; and the following ordinances were approved: 18. ORDINANCE N0. 19034 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR THE ISSUANCE OF $1,300,000 CITY OF CORPUS CHRISTI, TEXAS TAX AND REVENUE CERTIFICATE OF OBLIGATION, SERIES 1985: PROVIDING FOR THE LEVY, ASSESSMENT AND COLLECTION OF A TAX SUFFICIENT TO PAY THE INTEREST ON SAID CERTIFICATE OF OBLIGATION AND TO CREATE A SINKING FUND FOR THE REDEMPTION THEREOF AT MATURITY; PROVIDING THAT SUCH CERTIFICATE OF OBLIGATION WILL BE PAYABLE ALSO FROM AND SECURED BY REVENUES; PRESCRIBING THE FORM OF SAID CERTIFICATE OF OBLIGATION; DECLARING AN EMERGENCY; AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT. The Charter Rule was suspended and the ordinance passed as follows: Best, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye."; Jones and Berlanga abstaining. Minutes Regular Council Meeting October 1, 1985 Page 9 19. FIRST READING AMENDING THE IMPROVEMENTS, FOR EXEMPTION BY CITY WATER PLATTING ORDINANCE NO. 4168, AS AMENDED, SECTION V, REQUIRED SUBSECTION B, MINIMUM STANDARDS, ITEM 5, WATER LINES, BY PROVIDING OR REFUND OF LOT AND ACREAGE FEES IN AREAS NOT LIKELY TO BE SERVED SERVICES WITHIN FIFTEEN (15) YEARS; PROVIDING FOR SEVERABILITY. The ordinance was read for the first time and passed to its second reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 20. FIRST READING AMENDING THE IMPROVEMENTS, PROVIDING FOR BE SERVED BY SEVERABILITY. PLATTING ORDINANCE N0. 4168, AS AMENDED, SECTION V, REQUIRED SUBSECTION B, MINIMUM STANDARDS, ITEM 6, SANITARY SEWERS, BY EXEMPTION OR REFUND OF LOT AND ACREAGE FEES IN AREAS NOT LIKELY TO CITY WASTEWATER SERVICES WITHIN FIFTEEN (15) YEARS; PROVIDING FOR The ordinance was read for the first time and passed to its second reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 21. FIRST READING AMENDING THE PLATTING ORDINANCE NO. 4168, AS IMPROVEMENTS, SUBSECTION B, MINIMUM STANDARDS, PROVISIONS FOR FUTURE EXTENSION OF WATER SYSTEM SERVICE AREA, AND RENUMBERING ITEMS 10 AND RESPECTIVELY; PROVIDING FOR SEVERABILITY. AMENDED, SECTION V, REQUIRED BY DELETING ITEMS 8 AND 9, AND PLAT APPROVAL BEYOND CITY 11 TO READ ITEMS 8 AND 9 The ordinance was read for the first time and passed to its second reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." Mayor .Jones called for a recess at 2:55 p.m. * * * * * * * * * * * * * Mayor Jones reconvened the Council Meeting at 3:12 p.m. and announced the public hearing on two zoning cases. 22. Application No. 985-1, Mr. Emil G. Habeeb: For a change of zoning from "R -1B" One -family Dwelling District with a "SP" Special Permit to "B-3" Business District on a tract of land being the north 66.67' of Lot 9, Block 5, Woodlawn Estates No. 1, located on the west side of Clare Drive, approximately 230' south of South Padre Island Drive. Assistant City Manager Tom Utter stated that 12 notices of the public hearing were mailed; one was received in favor outside the area of notification; Minutes Regular Council Meeting October 1, 1985 Page 10 none were received in opposition; and the Planning Commission and Planning Staff recommend approval. There were no comments from the Council or the audience on this zoning application. A motion was made by Mayor Pro Tem Best that the hearing be closed; seconded by Council Member Strong; and passed unanimously. In the temporary absence of City Secretary Chapa, Assistant City Secretary Dorothy Zahn polled the Council for their vote on the ordinance effecting the zoning change, and the following passed: ORDINANCE NO. 19035 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF EMIL G. HABEEB BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 9, BLOCK 5, WOODLAWN ESTATES N0. 1 FROM "R -1B" ONE -FAMILY DWELLING DISTRICT WITH "SP" SPECIAL PERMIT TO "B-3" BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * 23. Application No: 985-3, Nixon Welsh, Jim Gunn, and Bill Ogletree: For a change of zoning from "A-1" Apartment House District and "R-2" Multiple Dwelling District to "B-1" Neighborhood Business District on Tract 1, from "A-1." Apartment House District, "R-2" Multiple Dwelling District, and "R -1B" One -family Dwelling District to "R -1C" One -family Dwelling District on Tract 2, and from "R -1B" One -family Dwelling District to "R -1C" One -family Dwelling District on Tract 3, Tract 1 being 1.835± acres, Tract 2 being 5.724± acres, and Tract 3 being 4.972± acres, all Tracts being a portion of Lot 3, Edwin Farm Lots, all tracts located on the east side of Cliff Maus Drive, and north of Rockford Drive. Mr. Utter explained the requested zoning change and stated that 48 notices of the public hearing were mailed; none were returned in favor; 34 notices were returned in opposition; 145 letters in opposition were received from outside the notification area; the Planning Commission recommends approval of Tract 1 and denial of Tracts 2 and 3; and the Planning Staff recommends approval of Tracts 1 and Tract 2 excepting the portion of Tract 2 fronting Dryer Circle and Langton Avenue and denial of Tract 3. Mr. Utter noted that the 20% rule is in effect on this zoning case. He further informed the Council that at the time the application was before the Planning Commission, the staff recommended approval of "R -1C" on Tract 3; but Minutes Regular Council Meeting October 1, 1985 Page 11 since that time, the staff has re-evaluated their position and now recommends denial on Tract 3. Mr. Larry Wenger, Director of Planning, indicated his concurrence. Mayor Jones called on the applicant. Mr. Nixon Welsh, 439 Peerman, stated that since the opposition objects to "R -1C" zoning, he will only address that issue. Mr. Welsh stated that the intent of "R -1C" zoning is to provide affordable housing; the density of the tract will be increased by 8% under "R -1C" zoning; and he emphasized that "R -1C" zoning does not dictate the size of a house, but rather the size of the lot. He pointed out that the same size home could be built on "R -1B" as is built on "R -1C." He continued by stating that the homes would be more affordable because the lot size is smaller, thus the cost is less. He stated that he felt "R -1C" zoning in general is a viable classification and is needed in Corpus Christi to accommodate the present market. In response to questions posed by Council Member Pruet, Mr. Welsh stated that an "R -1B" lot would cost $9,000 as opposed to an "R -1C" lot of $8,100, and that the deed restrictions would limit the minimum size to 800 square feet. Mr. Bob Shattuck, Executive Director of the Builders Association, 4701 Saratoga, stated that he is not directly interested in this zoning case, but is interested in another matter. He stated that one of the members of the City Council was involved with the zoning case before it was before the Planning Commission; the Council Member spoke at the Planning Commission meeting; he feels that as a Council Member, he is forfeiting any claim to impartiality in this zoning case; and in the interest of a fair hearing, he should abstain from any discussion or any vote on this zoning case. Mr. Shattuck stated that the opposition feels that "R -1C" zoning devalues their property and that "R -1C" zoning is concentrated on the west side of the City. He stated that "R -1C" zoning is located on the south side of the City; "R -1C" allows the same size home as "R -1B"; house size and style is a matter of personal taste; and he feels the citizens should be provided an opportunity to purchase an affordable home. Council Member Guerrero stated that he did attend the Planning Commission meeting; he was involved with this case before it came before the Commission; he will not abstain from discussion or a vote on this zoning case; and any time his constituents request his help in any form or fashion, if he believes in their cause, he will provide assistance. Mayor Jones called for comments in opposition to the zoning change. Mr Welder Brown, 1706 Archdale, stated that he is speaking on behalf of the people who are unable to attend the meeting; he is opposed to the rezoning of tracts 2 and 3 to "R -1C"; the residents feel it will depreciate their property; Minutes Regular Council Meeting October 1, 1985 Page 12 the City has over 600 acres of "R -1C" zoning; this area has over 397 acres of "R-1 C" zoning within a four -mile radius. Mr. Brown summarized his remarks by urging the Council to vote against the zoning change of "R -1C", and pointed out that the neighborhood had requested Mr. Guerrero to appear at the Commission, and he feels that Mr. Guerrero has a right to represent the people in this area. Mrs. Cathy Fling, 4222 Archdale, Secretary of the Southbridge Neighborhood Association, spoke against the zoning change to "R -1C." She stated that the residents have worked very hard to establish a nice neighborhood and the zoning change would have a negative effect on the area. She cited problems the residents of Saratoga Downs and Las Colonias are experiencing with "R -1C" zoning. Mrs. Dee Fuentes, 4266 Archdale, stated that the Southbridge Neighborhood Association is not against "R -1C" zoning, but they are against developers who intrude into their subdivision. She displayed a map delineating "R -1C" zoning throughout the City and stated that people are able to afford homes because of the lower interest rates, not because of "R -1C" zoning. Mr. Dave Griffith, 4210 Archdale, stated that other areas in the City are suitable tor "R -1C" zoning. He stated that the homes built in Southbridge Subdivision were approximately $52 per square foot in 1981; the building code was maintained in the neighborhood; and the residents do not want to deviate from the standards in the neighborhood. Mr. Frank Gallardo, 4201 Dryer, stated that he is against the zoning change; he bought his home when the interest rate was 167; he likes the neighborhood; and he wants it to remain unchanged. He questioned why affordable housing had to be built in that area and not other areas of the City. Ms. Lupita Lrigoyen, 4102 Trestle, stated that she is opposed to the change in zoning because it will lower the value of their property. Mr. Juan Gonzales, 702 Artesian, stated that as an attorney, he was involved with the problems associated with Saratoga Downs Subdivision. He stated that the residents of the Southbridge Neighborhood Association fear the same situation will happen in their subdivision as in Saratoga Downs. Mayor Jones made the observation that an 800 square foot home could be built on an "R-18" lot. Council Member McComb inquired if the residents opposed "R -1C" on Tract 2, and Mr. Gonzales stated that the residents do not want "R -1C" at all. Mrs. Esther Rideoff, 1705 Archdale, stated that she is opposed to a zoning change for Tracts 2 and 3; it will lower the value of her home; she has lived there since 1968; she does not want to see the neighborhood deteriorate; and it is her opinion that substandard housing brings substandard people. Minutes Regular Council Meeting October 1, 1985 Page 13 Mr. Ken Rideoff, 1705 Archdale, stated that the developers are not concerned in helping the poor people, and he is attending today's Council Meeting to see if the Council will vote with the will of the people or vote with the developers. Mayor Jones stated that the Council will vote in the best interest of the City. Mr. Edgar Moore, developer, stated that "R -1C" zoning will work if it is meshed with "R -1B" zoning. He cited The Lakes Subdivision as an example of "R -1C" zoning meshed with "R -1B." Mrs. Elma Davila, 4262 Archdale, stated that this neighborhood is not very popular, therefore, it will not attract the type of people who will build a larger home on a small lot. There were no further comments from the audience. A motion was made by Mayor Pro Tem Best that the hearing be closed; seconded by Council Member Pruet; and passed unanimously. Council Member Guerrero inquired as to the difference in the number of homes that could be built if the zoning is "R -1B", and Mr. Welsh stated that zoning of "R -1B" rather than "R -1C" would decrease the number of homes by two. Council Member Strong inquired as to the maximum size home that could be built on an "R -1C" lot, and Mr. Utter stated that the maximum size would be 2,625 square feet, assuming it was a one-story house. In response to a question by Mrs. Strong, Mr. Utter stated that the City cannot enforce deed restrictions. Council Member Guerrero made a motion to grant zoning of "B-1" on Tract 1, but deny the requested zoning on Tracts 2 and 3. The motion was seconded by Council Member Berlanga. Council Member McComb pointed out that regardless of the zoning, the Building Code must be enforced by the City, so the statement that the homes would be substandard is not a viable argument. Mayor Pro Tem Best pointed out that zoning of "R -1B" will remain on Tract 3 and "R-2" will remain on Tract 2. Council Member Guerrero defended the remark made regarding substandard homes, pointing out that the homes in Las Colonies ("R -1C" zoned) do not have carpeting nor air-conditioning. He stated that the Building Code leaves a lot to be desired; perhaps the homes are not substandard, but rather a separate standard. He stated that this area has become a dumping ground for "R -1C" zoning. Minutes Regular C.n.uc:.l Meeting October 1, 1985 Page 14 Mayor Jones coummeat,-d that he personally would not attend a Planning Commi.ssic.. meeting, but he feels that it is Mr. Guerrero's right to freedom of speech to attend a Planning Commission meeting. He stated that he will support the motion made by Mr. Guerrero. Council Membtr Mendez stated that "R -1C" would seem preferable to "R-2" zoning, and pointed out that his neighborhood has "R -IC" zoning. Mr. Utter stated that "R-2" zoning provides a buffer between business zoning and residential zoning. Council Member McComb stated that he agrees with the portion of the motion relating to Tracts 1 and 3, but feels that Tract 2 should be changed to "R -1C"; therefore, he will. vote against the motion. Council Member Slavik stated that she would support the motion, noting that "R --IC" zoning is psychologically better in undeveloped areas. She pointed out that several Council Members attended a zoning seminar sponsored by the National League of Cities that addressed "R -IC" zoning. Council Member Berlanga stated that he would support the motion, and agreed with Mrs. Davila's statement that ther neighborhood will not attract the type of people who gill bjil.d a larger home on a small lot. Discussion followed regarding proposed extensions of streets in the subdivision., Council Member Guerrero asked for an explanation of the 20% rule. Mr. Utter explained that to deny the zoning change takes only a simple majority; to change the zoning requires seven affirmative votes in order to pass the ordinance; and to override the Planning Commissions recommendation, requires a majority plus one. Mr. Guerrero wiriUdrew his earlier motion and made a motion to grant zoning of "B-1" on Tract 1, seconded by Council Member Berlanga; and passed unanimously. A motion was made by Council Member Guerrero to deny the zoning change of "R -IC" on Tract 2 and Tract 3; seconded by Council Member Berlanga. The motion passed as follows: Jones, Berlanga, Guerrero, Mendez, Slavik, and Strong voting "aye"; Best, McComb, and Pruet voting "no." Mr. Utter stated that the ordinance regarding Tract I will be on the Council agenda next week and will require seven affirmative votes to pass. * * * * * * * is * * * * * City Manager Martin reminded the Council of the retreat to begin Friday, October 4, 1985 at 6:00 p.m., at the Sandy Shores - Best Western. Minutes Regular Council Meeting October 1, 1985 Page 15 * * * * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Billie Chandler spoke regarding the Japanese Art Museum and stated that she donated the Museum to the Board of Directors. She stated that several things have happened since she donated the museum. She urged the Council to prevent the Japanese Art Museum from being taken over by Communists. Mayor Jones pointed out that the only control the City has is its contribution of $15,000 per year for operations. Mr. Frank Gallardo, the refinancing of homes rate was very high, and situations. City Manager Martin type of program. 4201 Dryer, urged the Council to pass a bond issue for . He stated that he bought his home when the interest urged the Council to help others who are in similar pointed out that federal regulations do not allow this There being no further business to come before the Council, on motion by Council Member Pruet, second by Council Member Strong, the meeting was adjourned at 4:50 p.m., October 1, 1985. /td