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