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HomeMy WebLinkAboutMinutes City Council - 04/21/1982MINUTES REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS APRIL 21, 1982 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley Herbert Hawkins, Jr. *Dr. Charles W. Kennedy **Cliff Zarsky City Manager Edward A. Martin City Attorney J. Bruce Aycock Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by The Reverend Rick Malm of Faith Temple Church, following which the Pledge of Allegiance to the Flag of the United States was ied by Mayor Pro Tem Betty N. Turner. 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. Council Member Bob Gulley read and presented a resolution acknowledging the many accomplishments, contributions and public service of Mr. 0. J. Beck, Jr. to his wife, son and daughter. City Secretary Read polled the Council for their vote on the resolution and it passed 'as follows: RESOLUTION N0. 17000: RESOLUTION ACKNOWLEDGING THE MANY ACCOMPLISHMENTS, CONTRIBUTIONS, AND PUBLIC SERVICE OF O. J. BECK, JR.; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye." Mayor Jones called attention to the issuance of the following proclamations: "BUCCANEER DAYS FESTIVAL" - April 22 to May 2, 1982; "LAW WEEK '82" - April 26 to May 2, 1982; "PINAFORE WEEK" - April 18, to April 24, 1982; "PROFESSIONAL SECRETARIES WEEK" - April 18 to April 24, 1982. Mayor Jones then administered the Oath to th following new appointees of Boards and Commissions: ISMEILMED SEP 1 9 1984 Minutes Regular Council Meeting April 21, 1982 Page 2 Mr. Floyd Williams, Board of Adjustment, and Mr. Alberto Galvan, Sr., Building Code Board of Appeals. Council Member Gulley introduced his guests from Paris, France, Gerard and Yvette Briquet. **Council Member Zarsky arrived at the meeting at 2:22 p.m. * * * * * * * * * * * * * Mayor Jones noted the presence of several members of the City Council and Staff from the City of Portland and introduced them. He then suggested that the matter in which they're interested be discussed at this time. Authorizing execution of a cession agreement with the City of Portland ceding a certain area presently within the extraterritorial jurisdiction of the City of Corpus Christi located northwest of U.S. Highway 181 and within one mile of the present City limits of the City of Portland. City Manager Edward Martin stated that he has no further comments, but referred to a map presented to the Council identifying the area. Assistant City Manager Tom Utter explained further the area affected by the cession agreement. A motion was made by Council Member Gulley to approve the cession agreement and that the ordinance be brought forward at the appropriate time; seconded by Mayor Pro Tem Turner and passed unanimously. * * * * * * * * * * * * * A motion was made by Council Member Dumphy that the minutes of the Regular Council Meeting of April 14, 1982 be approved as presented; seconded by Mayor Pro Tem Turner; and passed unanimously. * * * * * * * * * * * * * Mayor Jones announced the bid opening on the following engineering project: Construction of the Wooldridge Road trunk sanitary sewer from Cimmaron Boulevard to near South Staples Street. Mr. Gerald Smith, P.E., Acting Director of Engineering and Physical Development, opened and read bids on this project from the following firms: Heldenfels Brothers, Inc.; Delta Utilities;_ APCCO; Claude Chapman Construction Company; and Isles Construction Company. Mr. Smith verified that the necessary bid security had been submitted with each bid. He also stated that this project is related to the public hearing that is on the agenda for today in regard to an amendment to the master sanitary sewer plan and the adoption of an ordinance providing for a pro -rata acreage charge to cover the costs of sewer service Minutes Regular Council Meeting April 21, 1982 Page 3 trunk lines. * * * * * * * * * * * * * Mayor Jones announced consideration of actions of the Council as follows: 1. The action of April 7, 1982 regarding moving of the L -Head shrimpers to the People Street T -Head be rescinded. 2. The staff be authorized to lease the ten vacant commercial People Street T -Head slips. A motion was made by Council Member Hawkins that the foregoing actions be confirmed; seconded by Mayor Pro Tem Turner; and passed by the following vote: Jones, Turner, Hawkins Dunphy and Zarsky voting "aye"; Gulley voting "no"; Kennedy "absent" at the time the vote was taken. Mr. John Stensland, Chairman of the Marina Board, referred to this action in regard to the shrimp boats at the L -Head. He requested that the Council take action as soon as possible according to the recommendation of the Marina Board on this matter. * * * * * * * * * * * * * Mayor Jones called for actions of the City Council by motion on the following items: 1. Plans and specifications for Kentner Street Improvements from Palmetto Street to Claremore Street be approved and bids be received May 19, 1982. This Bond project provides for the reconstruction of one half of Kentner Street from University Place to Claremore Street where right-of-way was recently donated and subdivision development will soon take place. This project also provides for the construction of a 4 -foot wide sidewalk on the east side of Kentner from University Place to Palmetto Street. The scope of the Bond Program also provided for an additional block of Kentner Street from Claremore to Homecrest being reconstructed, but due to unresolved right-of-way problems, it is recommended that the additional work continue to be deferred until satisfactory right-of-way arrangements can be made. N7 2. The Airport Ditch Access Ramps project be accepted and final payment of $12,325.40 be made to DeBer, Inc. The total cost of this 7th Year Community Development project was $15,392.01. The project consisted of the construction of two concrete access ramps into the concrete lined portions of the Airport Drainage Ditch for the purpose of allowing Street Division heavy cleaning equipment to enter and leave the ditch for maintenance purposes. One ramp was constructed near Greenwood Park and the other near the Los Encinos Subdivision. 3. A revocable easement be approved with Texas Commerce Bank - Corpus Christi which would authorize the installation of two planters with cast iron grates and a low level directional sign within the public right-of-way of Twigg Street with the bank agreeing to indemnify the City against any liability as a result of the installation, to remove and replace improperly sloped sidewalks and pay a $50.00 fee for the revocable easement. Minutes Regular Council Meeting April 21, 1982 Page 4 L. ACTIONS OF THE CITY COUNCIL BY MOTION: (Cont'd) 4. A twelve months supply agreement for approximately 39 tapping sleeves and 38 tapping valves for the Water Division be awarded as follows on the basis of low bid: McAllen Pipe Corpus Christi, Texas Tapping Sleeves $10,736.43 2% Cash Discount 214.73 TOTAL $10,521.70 Corpus Christi Pipe & Supply Corpus Christi, Texas Tapping Valves $15,709.96 1% Cash Discount 157.10 TOTAL $15,552.86 GRAND TOTAL $26,074.56 Four bids were received. Prices have increased approximately 2% since, the previous contract of April, 1981. `V4 5. A twelve months supply agreement for approximately 230 1" to 16" lubricated plug valves for the Gas Division be awarded to Norvell Wilder of Corpus Christi on the basis of low bid of $64,187.16. Two bids were received. Price comparison shows an increase of approximately 11% since the previous contract of April, 1981. , 6. A twelve months supply agreement for approximately 530 magnesium anodes for the Gas Division for cathodic protection of gas lines to prevent corrosion be awarded on the basis of low bid to Harco Corporation of Houston of $45,263. Four bids were received. Prices have increased approximately 4% since the previous contract of March, 1981. 7. A three months supply of approximately 24,500' of copper pipe used by the Gas and Water Divisions be purchased based on low bid from: Southern Pipe & Supply Co. Meridian, Mississippi 2% Cash Discount $15,777.68 - 315.55 $15,462.13 Eight bids were received. Prices have decreased approximately 8% since the last purchase in December, 1981. Bids are not solicited for a longer period of time because the price of copper fluctuates frequently. 8. A twelve months supply agreement for approximately 15,000' of 4" to 48" ductile iron, 53,500' of 6" to 12" asbestos cement and 10,000' of 6" poly vinyl chloride pipe for the Water Division be awarded on the basis of low bid: American Cast Iron Pipe Co. Dallas, Texas Ductile Iron Pipe $215,354.00 t 'k. Minutes Regular Council Meeting April 21, 1982 Page 5 L. ACTIONS OF THE CITY COUNCIL BY MOTION: (Cont'd) 8. (Cont'd) Johns Manville San Antonio, Texas • t Asbestos Cement Pipe and Poly Vinyl Chloride Pipe 2% Cash Net GRAND TOTAL 172,026.61 - 3,440.53 168,586.08 $383,940.08 Eight bids were received. Prices for ductile iron pipe reflect no appreciable change, prices for asbestos' cement pipe show a 10% decrease and prices for poly vinyl chloride pipe show a decrease of 18%, all from the previous contract of March, 1981. 9. Proposals be received May 19, 1982, for ten year food and beverage concession at the Corpus Christi International Airport. The current lease expires July 31, 1982. The concessionaire will be required to invest a minimum of $25,000.00 - $35,000 in renovating the present restaurant/lounge facilities and $50,000.00 - $100,000.00 in refurbishing the baggage claim area, and pay an annual minimum of $20,000.00 or 88 of gross on food service and 10% gross on liquor sales, whichever is the greater. All improvements will at the option of the City become the property of the City at the end of the initial term of agreement. 10. The Palmer Drug Abuse Program's request for the use of Cole Park and to Amphitheater for a chili cook -off on May 29, 1982 be approved. inqu:11. The sidewalk requirement for Coles Industrial Subdivision be waived. This subdivision contains 27.9 acres and is located on County Road 48, inte east of U.S. Highway 77 in the Five Points area outside th eCity. On October 21, 1981, the developer of Coles Industrial Subdivision was granted approval of the subdivision plat with a waiver of the sidewalk requirement. for six months only. The improvements to the subdivision have been completed. The developer desires to finalize the plat and have it filed for record with the County. Action is needed to brcu permanently waive the sidewalk requirement. Under either the staff's or Planning Commission's recommendation, sidewalks would not be pass, required in this subdivision. 12. A twelve months supply agreement for trash and garbage container service for the boat ramp on the Kennedy Causeway, the Lawrence Street T -Head, the Central Kitchen at the Washington Senior Citizens Center, the Greenwood Softball Complex, Traffic Engineering Signs and Marking Shop, and the Transit Yard be awarded to BFI Waste Systems of Corpus Christi on the basis of low total bid of $5,230. Four bids were received. Price comparison shows a decrease of 3% from the one bid 4 previously received which was rejected due to lack of competition. The specifications were revised to show the Transit Yard as a separate item because it involves shoveling litter and debris from a building. 13. Bids be received May 11, 1982 for biomedical telemetry equipment for Aid Ambulance Service. This equipment is for the one additional ambulance purchased this year and is included in the 1981-82 Budget. 14. A public hearing be held at 2:00 p.m. on May 19, 1982 at the Bayfront Plaza Convention Center on the rate increase request of Central Power and Light Company. Minutes Regular Council Meeting April 21, 1982 Page 6 Mayor Jones referred to item 5 which= pertained to the purchase of lubricated plug valves for the Gas Division and inquired as to why only two bids were received. Later in the meeting City Manager Martin informed the Mayor that there were only four suppliers of this item; one company did not submit a bid; and the third company submitted their bid too late to be considered. Council Member Zarsky referred to item three pertaining to the revocable easement for Texas Commerce Bank and asked to see the location of the two planters referred to. Mr. Smith displayed a transparency showing the location and explained that Texas Commerce Bank constructed a sign and two planters but there was concern about the grill work. He stated that the staff was concerned about the possible danger of someone getting their heel caught in the grill work; therefore the revocable easement was recommended to include a hold harmless agreement on the City's behalf. Mayor Pro Tem Turner recommended that the beautification committee consider the two planters at the Texas Commerce Bank for an award. A motion was made by Mayor Pro Tem Turner to commend the bank for the beautiful effect of the planters and cast iron grates; seconded by Council Member Dumphy; and passed unanimously. Mayor Jones referred to item 9 in regard to the food and beverage concession at the Corpus Christi International Airport and questioned why a cashier was being required, indicated that he did not feel that this was necessary. Mr. Jerry Sealy, Airport Manager, explained that the items included in the proposal specifications are just minimum standards. He explained that they are looking for someone to establish the restaurant and a better means of controlling the access. He assured the Council that the concessionaire would not necessarily have to hire a new employee to serve as cashier. He also assured the Council that the staff does not intend to dictate to the concessionaire how the restaurant lounge area should be operated. Mayor Jones then referred to the requirement included in the specifications calling for the concessionaire to pay for legal publications. City Secretary Read explained the procedure for publishing the caption for such ordinances after the first and second reading and the entire ordinance tvickx Minutes Regular Council Meeting April 21, 1982 Page 7 after the third reading which is handled by his office, noting that the Charter requires payment by the applicant. Mayor Jones ascertained that no one in the audience wished to speak on these items. A motion was made by Council Member Zarsky that items 1 through 14 be approved; sebonded by Council Member Dumphy and passed unanimously. Council Member Kennedy recognized students from Incarnate Word Academy including his son who was a student there. Council Member Dumphy informed the Council that there will be a group of students who will be studying City government and its role in the community and at a later date he will request that some of the Council Members and some of the staff visit the group of 100 students to explain their roles in City government. * * * * * * * * * * * * * Mayor Jones called for consideration of actions of the City Council by new ordinance. Council Member Zarsky questioned ordinance no. 9 which expresses opposition to compulsory binding arbitration of collective bargaining deadlocks and inquired if the staff had received any comments from the Fire, Police or interested parties in the community, and City Manager Martin replied that they had not. C;, A motion was made by Council Member Dumphy that the new ordinances be brought forward later in the meeting; seconded by Council Member Hawkins; and passed unanimously. aplr * * * * * * * * * * * * * of . Mayor Jones called for consideration of the following tabled zoning matter: Gill Landscaping for an exception to the standard screening fence requirement along the east property line of Lots I and J, Block 29, Bass Subdivision located at the southeast corner of Sandra Lane and Airline Road. The City Council heard this zoning application on October 21, 1981 and tabled it for six months in order to allow the applicant time to plant shrubbery along the east property line. The applicant has been contacted, and he indicated that he has planted oleander bushes, and will furnish pictures that will indicate this accomplishment. Council action will have to be either waive the standard screening fence or deny the request. Mr. Larry Wenger, Acting Director of the Planning Department, reminded the Council that this was a zoning case in which the applicant requested a waiver of the screening fence along the east side of his property with the understanding that in lieu of the fence he would plant oleander bushes which would provide a Minutes Regular Council Meeting April 21, 1982 Page 8 natural screen. He stated that the matter was tabled for six months in order to provide time for Mr. Gill to plant the shrubbery. He then displayed a picture showing 3' oleanders that had been planted. A motion was made by Council Member Dumphy that the standard screening fence requirement along the east property line of lots I and J, Block 29, Bass Subdivision be waived; seconded by Council Member Gulley; and passed by the following vote: Jones, Dumphy, Gulley and Zarsky voting "aye"; Turner, Hawkins and Kennedy absent from the Council Chamber at the time the vote was taken. * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following item: On the following items pertaining to the London House Apartment Development on Wooldridge Road between Cimmaron Boulevard and South Staples Street: 1. An amendment to the Master Sanitary Sewer Plan involving a 305 acre service area on Wooldridge Road bounded by Holly Road, South Staples Street, Saratoga Boulevard and an area west of Airline Road. 2. Adoption of an ordinance providing for a pro -rata acreage charge estimated on the basis of cost per acre plus related expense to cover the City's portion of the cost for the sewer service trunk lines,' excepting that arda which is being designated as the London House Project. Mr. Gerald Smith, P.E., Acting Director of Engineering and Physical Development, displayed a transparency showing the areas served by the Wooldridge Road gravity line in the area of Wooldridge, Airline and South Staples Streets. He stated that the staff is requesting that the master plan for this portion of the City be amended to include three additional areas to be served by the Wooldridge Road trunk line, explaining that the reason for this is that a sanitary sewer line has been installed to serve the London House Apartments and it is recommended that the existing service line be designated to serve these additional three areas. Council Member Zarsky inquired if this was the maximum area that the line could serve, and Mr. Smith replied that the line could serve some minor additional areas. He also pointed out that this will reduce somewhat the developer's cost. Mr. Smith then referred to the other portion of the public hearing which pertained to the adoption of an ordinance providing for pro -rata acreage charge to cover the City's portion of the cost of the sewer service trunk lines. He explained that this would require all parties using that line a cost per acre fee. He explained that there are two subdivisions that are excluded because they are already being served by the line. • 4 Minutes Regular Council Meeting' April 21, 1982 Page 9 Council Member Dumphy recalled that at the time this was discussed recently, he had suggested that the staff investigate the possibility of extending the sewer line to staples. He complimented the Engineering staff for making the changes to accommodate the new developments. Mr. Smith pointed out that the staff is recommending that the London House Development be excluded from the fee because they are constructing the line. Mayor Jones called for comments from the audience on this matter. Mr. John Keltner, representing Country Club Properties, commended the Engineering staff for devising this plan because it provides an opportunity for further development. A motion was made by Council Member Dumphy that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Mayor Pro Tem Turner to call for the ordinances pertaining to these changes, seconded by Council Member Dumphy and passed 1 unanimously. * * * * * * * * * * * * * '.:o` Mayor Jones announced public hearings on three zoning applications. Mr. Tom Utter, Assistant City Manager, announced the public hearing on Application No. 382-5, Mr. Roy Lay, for change of zoning from "R -1B" One -family Dwelling District with a "SP" Special Permit to "A-2" Apartment House District on Lots 9 through 13, Block 14, Flour Bluff Park located on the east side of Redmond Street approximately 600' north of South Padre Island Drive. Witt -Mr. Utter informed the Council that the Planning Commission recommends approval, and the Planning Staff recommends denial. He stated that ten notices of; ,the public hearing had been mailed and four in favor and one in opposition had been returned. Mr. wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area and stated that this area falls within the AICUZ Study APZ-2 zoning in which it is recommended that no more than two units per acre be constructed. Mr. Wenger also mentioned that there is a street that has not been constructed yet to serve this area. Mayor Pro Tem Turner inquired if the staff recommendation for denial is because this area is located in APZ-2 zone and Mr. Wenger replied in the affirmative. Mayor Jones called for comments from the audience on this zoning Minutes Regular Council Meeting April 21, 1982 Page 10 application. Lt. Cmdr. Kelly informed the Council that the Navy is opposed to this zoning because it is at the end of 3517 runway, and this area would be in the takeoff and landing zone and therefore is in the APZ potential crash zone. He stated that he had not appeared before the Planning Commission because he did not receive a notice of the hearing. 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 Dumphy and passed unanimously. A motion was made by Council Member Gulley that the Council concur with the ,ap recommendation of the Planning Commission and grant the zoning of "A-2" application no. 382-5; seconded by Council Member Dunphy. Mayor Jones stated that he will vote against this motion because of =the Navy's concern. Mr. Wenger displayed a map showing the APZ zones and revised his statement in regard to the zones pointing out that it is actually in APZ-1 zone which recommends that no residential development at all be allowed. He agreed that 1, there are existing mobile homes and apartments that were built prior to the designation of the APZ zones. Mayor Jones called for the vote on the motion which failed to pass as follows: Dunphy, Gulley and Zarsky voting "aye"; Jones, Turner and Kennedy voting "no"; Hawkins absent at the time the vote was taken. A motion was made by Council Member Gulley that the zoning of "A-1" be approved. Mr. Wenger pointed out that "A-2" zoning would allow 30 units and "A-1" zoning would allow 18 units. Mayor Pro Tem Turner expressed the opinion that the Council needs to decide whether or not they are going to officially accept the AICUZ study. She stated that she would like to know when the Planning Commission plans tp make a recommendation in regard to the AICUZ study and suggested that the decision on this zoning application be tabled until the City Council has received the recommendation of the Planning Commission on the AICUZ study. Mayor Jones agreed that this should be done. Assistant City Manager Utter stated that the Council could ask that the Planning Commission study this subject as soon as possible but the delay has ( \ Minutes Regular Council Meeting April 21, 1982 Page 11 been caused due to the fact that maps have not been made available from FAA. Mr. Wenger explained that the staff hopes to have these maps within the next three or four months. Council Member Dumphy seconded the motion to approve the zoning of "A-1". A motion was made by Mayor Pro Tem Turner that this application be tabled until the AICUZ study has been approved, seconded by Council Member Zarsky and failed to pass by the following vote: Jones, Turner and Zarsky voting "aye"; Dunphy, Gulley and Kennedy voting "no"; Hawkins absent at the time the vote was taken. Mayor Jones called for the vote on the motion to approve "A-1" zoning and it failed to pass by the following vote: Dumphy, Gulley and Kennedy voting "aye"; Jones, Turner and Zarsky voting "no"; Hawkins absent at the time the vote was taken. a s e i A motion was made by Mayor Pro Tem Turner that the Council reconsider the action case, it vote: May, "nj10"; Hawkins retribut V A motion that the for 45 days, taken, seconded by Council Member Gulley and passed by the following Turner, Dunphy, Gulley, Kennedy and Zarsky voting "aye"; Jones voting absent at the time the vote was taken. was made by Mayor Pro Tem Turner to postpone action on this case seconded by Council Member Gulley and passed unanimously by those present and voting. * * * * * * * * * * * * * he dil • mobile h:Mr. Utter announced the public hearing on Application No. 382-8, Ms. Bettie Wittner, for change of zoning from "R -1B" One -family Dwelling District to "I-2" A m• of ,Light Industrial District on Lot 14, Block 2, Flour Bluff Center located on the east side of Oberste Street approximately 375' south of South Padre Island Drive. Mr. Utter stated that both the Planning Commission and Planning Staff recommend denial. He stated that 25 notices of the public hearing hand been mailed and in response, two in favor and nine in opposition had been returned. He pointed out that the 20% rule is in effect. Council Member Gulley noted that this zoning application involved a mobile home, and since he is associated in that business, he departed the Council Chamber to avoid a possible conflict of interest. Mayor Jones noticed that since the 20% rule is in effect and only five Council Members were present, no decision could be made on this application. Minutes Regular Council Meeting April 21, 1982 ' Page 12 Mr. Wenger pointed out, however, that the hearing has been advertised and must be conducted even though a decision cannot be made. Mr. Wenger then located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area and explained that Mrs.'Wittner had obtained proper permits to move the mobile home on to this property, but the permits were issued in error and an inspector discovered it and advised the owners that they did not have the proper zoning. ***Council Member Hawkins returned to the meeting at 3:55 p.m. Mayor Jones called on the applicant to speak at this time. Mr. Ken Yarbrough, 4411 Gollihar, appeared on behalf of the applicant and'4'.'"*`^"""" stated that Ms. Wittner obtained a permit from the Building Division to move'the, trailer on the lot and the next day she was advised that an error was madel/and,j; hfy she should remove the trailer. He explained that Ms. Wittner then made.'ani a application for a change of zoning in order to obtain the proper zoning for'her mobile home. Mr. Yarbrough explained that the staff had suggested to M. Wittner that she apply for "I-2" zoning with the hope that she could receive a special permit for the location of the mobile home on the residential lot. Assistant City Attorney Bob Coffin stated that, in his opinion, the granting of a special permit or "I-2" zoning would be contrary 'to the ordinance. He informed the Council that "I-2" zoning permits mobile homes only 'for 'the'"''; 4:� residence of a caretaker of the premises and does not permit a mobile home under the existing circumstances of this application. He stated that the staff has investigated the other mobile homes located in the area, which are non -conforming use, but they were there at the time of annexation. He'admitted that some of the mobile homes may have been moved on to lots illegally. He addressed the question as to whether the City has a liability for the actions of 'its employees and that the applicant could appear before a judge and contend that the City is liable for the actions of a city employee in issuing the permit in error. He stated, however, that there is not a single case where a City has been liable for an unauthorized act of a city employee. 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 Dumphy and passed unanimously. Mayor Jones inquired if it would be proper for the City to return some of the fees that had been paid by Ms. Witter, and, Mr. Wenger stated that it is • Sir....... i{ Minutes Regular Council Meeting April 21, 1982 Page 13 possible that the City could refund those fees paid for tap fees, water connections, etc. Mr. Yarbrough objected to further testimony being presented because the hearing was closed. Council Member Hawkins inquired if it would be illegal to grant a special permit. Mr. Coffin stated that that would be illegal. He agreed that the Council could change the ordinance, but at this time, it would be illegal. Mr. Utter further explained that special permits can be approved if the use can be allowed under the zoning that is requested but there is no provision for a mobile home in any case on property less than five acres. Council Member Hawkins suggested that the ordinance be amended to allow for a special permit in this particular incident. Mr. Utter pointed out that if the Council amends the ordinance for this one case, it would apply to any single family lot in the City. 'Mayor Pro Tem Turner expressed the opinion that the City owes some f ror• retribution to Ms. Wittner for the error made. She also questioned the fact that'the Planning Commission made a motion to approve a special permit and the illegality was not pointed out to them. Council Member Kennedy agreed that the various fees should be refunded but he did not think there was any way the City could compensate for moving the mobile home off the property. P:A!motion was made by Council Member Kennedy that the request for the zoning of "I-2" on application no. 382-8 be denied, seconded by Counicl Member Zarsky. Mr. Zarsky noted that if the Council granted this special permit on this application, they would be opening themselves up to a lawsuit on any lot in town. Council Member Kennedy amended his motion to include the request that the staff investigate how restitution could be made for expenses incurred by Ms. Wittner, and Council Member Zarsky seconded the amended motion which passed unanimously by those present and voting. Mr. Utter announced the public hearing on Application No. 382-13, Mr. Tomas T. Gonzales, for change of zoning from "R -1B" one -family Dwelling District to "A-1" Apartment House District on Lot 13, Block A, Dunbar Addition located on Minutes Regular Council Meeting April 21, 1982 Page 14 the southwest corner of Dunbar and Sabinas Streets. Mr. Utter informed the Council that the Planning Commission recommends approval and the Planning Staff recommends denial. He stated that 34 notices of the public hearing were mailed, 9 returned in opposition and none in favor which invokes the 20% rule. Council Member Gulley returned to the Council Chamber. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area and stated that the request had been made in order to develop a triplex or small fourplex apartment unit. Speaking on behalf of the applicant was Mrs. Dora Gonzales who stated that the old house on the lot is ready to be torn down; they feel that a triplex would be the best use because there is a need for housing in the area; and they plan to move a triplex onto the property. Mr. Wenger stated that the size of the lot is 55' x 104' and the staff is . apprehensive about granting this zoning because there is other vacant land in the area and the property owners might make the same request which would drastically change the character of the residential neighborhood. Council Member Dumphy noted the existence of a refrigerator in one of the slides shown and requested that it be investigated to be sure that it does not have a door on it. Council Member Zarsky expressed the opinion that it would be wise to rezone this property because the area could be improved; utilities are available on the lot; and he was of the opinion that a triplex would be appropriate at this location. He stated that the general appearance of the area would be improved by an attractive structure on this lot. Mr. Wenger pointed out that Dunbar and Salem Streets were designed according to the requirements for single family dwellings, and if this is approved by the Council, other requests will be forthcoming for the same type of zoning. Council Member Hawkins stated that he felt that "A-1" zoning is inappropriate for this lot, particularly because it is such a small lot. He questioned the Planning Commission recommendation to approve this application in view of the fact that there was so much opposition from the property owners in the area. He also questioned the type of building that would be moved on this Minutes Regular Council Meeting April 21, 1982 Page 15 very small lot. Mr. Utter also informed the Council that that area is a Community .Development Block Grant area designated to be improved; the streets and sidewalks were installed with funds from that source; an attempt is being made to rehabilitate this residential neighborhood; and the intrusion of multi -family dwellings into the neighborhood would be detrimental to the Community Block Grant Program. No one else spoke in regard to this zoning case. .,A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. A motion was made by Council Member Hawkins that the request for "A-1" zoning for application no. 382-13 be denied; seconded by Council Member Kennedy; :and passed by the following vote: Jones, Turner, Gulley, Hawkins and Kennedy Cyoting "aye"; Dumphy and Zarsky voting "no." been Mayor Jones announced the public hearing on the following matter: The -preliminary assessment roll for the improvement of North Shoreline Boulevard from Canal Street to Coastal Street. The preliminary roll totals $61,926.70 on 26 items and is based on the low bid of $557,097.86 for this 1977 bond project submitted by A. Ortiz Asphalt Paving Company. North Shoreline Boulevard will be treconstructed including parallel and head -in parking and landscaping. imprc Assistant City Attorney Coffin stated that this hearing is required by State2Law to present evidence and testimony to enable the City Council to make a rdegision in regard to the adoption of the assessment roll. He called as his first witness Mr. Gerald Smith, P.E., Acting Director of, Engineering and 'Physical Development. Through questioning of the witness, Mr. Coffin ascertained that Mr. Smith has been in the Engineering Department of the City of ttorpus Christi for approximately 22 years and verified that a copy of Mr. Smith's qualifications in resume form -is on file in the Office of the City Secretary. r Mr. Smith explained the improvements planned for North Shoreline Boulevard from Canal Street to Coastal Street and referred to an exhibit that was used during a public hearing on July 9, 1980. He stated that at that time it was decided that this would be a one-way system as a part of the development of Corpus Christi Beach, and Surfside Boulevard would be one-way in the other direction. He explained that this was included in the 1977 Bond Project and during the hearing conducted in 1980, there was no objection to the plan. He explained that because of Hurricane Allen, the bid receipt was cancelled for Minutes Regular Council Meeting April 21, 1982 'axle' lei` 2.,5 4.1 # ;ur.s;ijs;tj �()t these street improvements and bids were received on March 3, 1982. He explained that the plans provide for various parking bays at locations along the street which would provide parking for those going to the beach and noted that there will be landscaping along the street. He informed the Council that the street will be widened and elevated to keep North Shoreline out of the tidewater. He explained that plans were prepared in the City offices, and the low bidder was A. Ortiz Paving Company which submitted a bid of $557,097.86. Mr. Smith stated .that the assessment roll consists of 26 items in the value of $61,926.70. He also stated that the rates were figured according to the ordinance limitations,"' and since there are no residential properties on Shoreline Boulevard, the s' maximum rate would be $19.50 per linear foot for 6" curb, gutter and pavement; $1 per square foot for sidewalks; and $3.78 per square foot for driveways. also stated that the contractor has 130 working days to complete the project .,Y, which will be approximately 61 months. R Mr. Smith informed the Council that $323,000 was included in the 1977 Bond Program for these improvements, but since the cost to the City will be $515,171.16, the balance will be funded from interest on other street bond money. Mr. Coffin called as his next witness Mr. W. A. "Bill" Holly. He questioned Mr. Holly and determined that he is a licensed real estate broker and that he has on file in the Office of the City Secretary a resume of his qualifications. +y Mr. Holly stated that he has appraised all types of property in the City of Corpus Christi and that he is thoroughly familar with each and every parcel included in this project. He testified that he did not find any odd shaped lots, but some lots are more shallow than others due to the wave action along the beach, but he does not recommend any reduction in the assessment because of the value of the waterfront property. He testified that, in his opinion, each and every piece of property will be enchanced at least in the amount of the assessment. Mayor Jones called for comments from the audience. Mr. Robert Roth stated that he owns property at 2616 N. Shoreline Boulevard and he thought that the plan that has been presented has been examined by the people on the beach a number of times. He approved of the plans but questioned the timing of the project. He explained that in this area, there are so many Minutes Regular Council Meeting April 21, 1982 Page 17 plans being presented and there is so much turmoil on the beach since the Hurricane that he was of the opinion that this project should be delayed until the area is more settled and developed. He referred to the problems related to tearing up the street and again asked that it be delayed. Mayor Jones pointed out that the City is making the improvements to attract more development to the beach, and Mr. Roth pointed out that the street is in good condition now and again suggested that this be delayed until construction on various new developments has been completed. Ms. Juliett Brown, speaking on behalf of Charles E. and D. F. Brown, stated that they own two lots on Breakwater and Shoreline. She agreed that this project is premature since the beach property is just now being developed. She Fx . stated that they are not sure how they want to develop their property and P1' 'rt questioned why this street is being reconstructed at this time. -Mr. Carol Carithers stated that he owns a motel and noted that they had been waiting a long time for this project. He urged that the street by t . improvements be made as soon as possible. Mr. Dean Banks addressed the Council, stating that he is interested in bayfront development. He inquired if any of the funds for this street improvement are from any other bond funds designated for beach development. Mr. Smith assured him that there was no transfer of funds and that the project would be funded from street bond funds only. The (Mr. Banks then inquired about the parking lot at the end of the beach, and vote Mr. Smith explained that the proposal is to build a small parking lot at the end °EDT' of Breakwater Avenue and pointed out that there will be other parking to serve AP_ ..0 th Theach. Mr. Banks then pointed out that there is only one master plan for the beach, which was approved in 1966, which designates a parking area adjacent to the Master Host Inn. He stated that he would like to make sure that parking areas are designated in this plan to coincide with the master plan for the beach. He urged that the Council be sure that plans on any projects are in accordance with the master plan. Mrs. Helen Royal, 2722 N. Shoreline Blvd., questioned the statement that there was no residential property, pointing out that she has her home on that street. , Mr. Smith explained that although there are some residences, all of the Minutes Regular Council Meeting April 21, 1982 Page 18 property is zoned commercial. Mr. Wayne Johnson, 131 Naples Street, stated that he has property on N. Shoreline Blvd. and that he is very much in favor of this project. He commended the staff for their work on it and stated that he would like to discuss some of the minor variations in the design with the Engineering staff. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Council Member Dunphy that the preliminary assessment roll be adopted and that this project be expedited; seconded by Council Member Zarsky; and passed unanimously. Mr. Smith then introduced the contractor, Mr. A. Ortiz. Mayor Jones suggested that Mr. Ortiz write a letter to the property owners to inform them as to when the project will be started, which was action taken by a contractor on another street improvement project. * * * * * * * * * * * * * Mayor Jones called for consideration of appointments to the Coastal Bend Hospital Authority. A motion was made by Mayor Pro Tem Turner that the following appointments be confirmed, seconded by Council Member Kennedy and passed unanimously: Mr. Jacob Munoz, Mr. William H. Keys, Mr. Max J. Luther, III, Mr. Don Hanks, Mr. Gabe Lozano, Sr., Mrs. Nancy Bowen and Mr. Jack Solka. * * * * * * * * * * * * * Mayor Jones called for consideration of the ordinances. No one spoke in regard to the ordinances; City Secretary Read polled the Council for their votes; and the following were passed: FIRST READING CHANGING THE NAME OF 14th STREET, BETWEEN SOUTH STAPLES AND AYERS STREETS, TO BUCKAROO TRAIL. The above ordinance was read for the first time and passed to its second reading by the following vote: Turner, Dunphy, Hawkins, and Zarsky voting "aye"; Jones and Gulley "no"; Kennedy absent. FIRST READING AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STEETS, TO PROHIBIT PARKING AT ALL TIMES ON OCEAN DRIVE (WEST SIDE) BETWEEN CRAIG STREET AND SOUTH LOUISIANA STREET; AMENDING SECTION 53-253, SCHEDULE IV, STOPPING, STANDING OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS BY DELETING REFERENCE TO OCEAN DRIVE (WEST SIDE) BETWEEN CRAIG STREET AND COLE STREET, EXCEPT BETWEEN AYERS STREET AND ELIZABETH STREET. The above ordinance was read for the first time and passed by the following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye." 4 Minutes Regular Council Meeting April 21, 1982 Page 19 FIRST READING: AUTHORIZING AN AMENDED AGREEMENT WITH RUST PROPERTIES FOR THE LEASING OF CERTAIN AERIAL AND UNDERGROUND PREMISES. The above ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye." FIRST READING ENDORSING THE CONCEPT OF A MUSEUM OF ORIENTAL CULTURES IN THE BAYFRONT SCIENCE PARK, TO BE OPEN TO THE PUBLIC AND TO BE OPERATED ON A NON-PROFIT BASIS; AND EXPRESSING THE INTENTION OF THE CITY COUNCIL TO PROVIDE A SITE IN THE BAYFRONT SCIENCE PARK FOR THE MUSEUM OF ORIENTAL CULTURES. The above ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye." FIRST READING PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI TO THE CITY OF PORTLAND OF. ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN CERTAIN TRACTS OF LAND, BY MUTUAL AGREEMENT, MARKED EXHIBIT "A"; PROVIDING FOR PUBLICATION; PROVIDING A REPEALING CLAUSE; AND PROVIDING SEVERABILITY. The above ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye." ORDINANCE NO. 16996: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Horne Road, from Columbia Street to Old Brownsville Road INtCONJUNCTION WITH THE RECONSTRUCTION OF THE ROAD THROUGH THE URBAN SYSTEMS PROGRAM AND AS ONE OF THE MAJOR STREET PROJECTS IN THE BOND PROGRAM: AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye." by F,' ORDINANCE NO. 16997: APPROVING THE WRITTEN STATEMENT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL g tELOPMENT OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: HORNE ROAD, COLUMBIA STREET TO OLD BROWNSVILLE ROAD; 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 MAY 26, 1982, AT 3:00 P.'M., IN THE CITY COUNCIL CHAMBERS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye." ORDINANCE NO. 16998: AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 2 TO THE CONTRACT WITH KING CONSTRUCTION COMPANY FOR THE SWANTNER PARK PARKING LOT PROJECT; APPROPRIATING $13,370.75 FOR THE SAID PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye." Minutes Regular Council Meeting April 21; 1982 Page 20 ORDINANCE N0. 16999: OPPOSING A PROPOSED CITY CHARTER AMENDMENT PROVIDING FOR COMPULSORY 8INDING ARBITRATION OF COLLECTIVE BARGAINING DEADLOCKS; URGING THE REJECTION OF SAID AMENDMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye." SECOND READING: CLOSING THE 1200 THROUGH 1600 BLOCKS OF NORTH SHORELINE BOULEVARD TO VEHICULAR TRAFFIC FROM JULY 19, 1981, 8:00 A.M. THROUGH NOON, JULY 27, 1982, AND GRANTING THE EXCLUSIVE USE OF THE MUNICIPAL PARKING LOTS TO THE FERIA HISPANICA SPONSOR FROM JULY 23, 1982, THROUGH SUNDAY, JULY 25, 1982, AND PERMITTING THE USE OF STREETS, SIDEWALKS, MEDIANS, SEAWALL AND FOUR MUNICIPAL LOTS FOR THE SAID FERIA HISPANICA SPONSORED BY THE MEXICAN UNITY COUNCIL OF CORPUS CHRISTI; AUTHORIZING EXECUTION OF ATTACHED APPLICATION PERMIT. (First Reading - 4/14/82) The above ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye." , ti►.wrMxin SECOND READING: CHANGING THE MEMBERSHIP OF THE AIRPORT BOARD TO CONSIST OF SEVEN MEMBERS SERVING THREE-YEAR, STAGGERED TERMS. (First Reading - 4/14/82) The above ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and""‘ Zarsky voting "aye." ORDINANCE NO. 17001: ANNEXING THE FOLLOWING TRACT OR PARCEL OF LAND: A 79.59 ACRE TRACT OF LAND OUT OF LOT 1, SECTION 19, BOHEMIAN COLONY LANDS, AS RECORDED IN VOLUME 46, PAGES 208, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER, ARTICLE I, SECTION 2(b); PROVIDING FOR SEVERABILITY.(First Reading - 4/7/82, Second Reading - 4/14/82) The above ordinance was read for the third and final time and passed by the following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye." ORDINANCE N0. 17002: AMENDING THE CORPUS CHRISTI CITY CODE BY AMENDING EXISTING DRILLING BLOCKS AND ADDING NEW DRILLING BLOCKS. (First Reading - 4/7/82, Second Reading - 4/14/82) The above ordinance was read for the third and final time and passed by the following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye." ORDINANCE N0. 17003: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF GILL LANDSCAPING FOR EXCEPTION OF THE STANDARD SCREENING FENCE REQUIREMENT ALONG THE EAST PROPERTY LINE OF LOTS I AND J, BLOCK 29, BASS SUBDIVISION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye." Mayor Pro Tem Turner referred to the first reading pertaining the Japanese Art Museum and urged that the Council examine the entire bayfront to be sure that the study of the bayfront is completed before a location is designated for this facility. a h (,a +etc 1 G - . Minutes Regular Council Meeting April 21, 1982 Page 21 * * * * * * * * * * * * * Mayor Jones called for, petitions or information from the audience on matters not listed on the agenda. Mr. J. E. O'Brien, 4130 Pompano, complimented the Council on their discussion during the workshop meeting and the decision to conduct a public hearing when they are discussing IRB's. He also complimented the staff on the lack of emergency ordinances. Mr. O'Brien continued and informed the Council that the Corpus Christi Taxpayers Association is of the opinion that the homeowners are bearing the burden of most of the tax load. He pointed out that the state constitution was amended in order to provide that a City Council could allow homeowners an additional homestead exemption. He stated that they would like to have such an exemption set at the maximum allowed by state law. •q Council Member Dumphy addressed remarks to Mr. O'Brien and inquired if the Council granted all of the homeowners the maximum exemption, if the Taxpayers Association would come back and call for another election to relieve the City of the problems incurred by the tax limitation set by the Charter amendment initiated by that group through a petition. Council Member Gulley suggested that the Council discuss the possibility of setting the maximum homeowners exemption and asked for a staff report on the tax increase increments as to how the budget would be affected. City Manager Martin stated that he could provide some information on this by Friday and discussion could be held on the pros and cons and the effect on the budget but they could not provide any definite figures because the appraisals have not been made yet. `Council Member Hawkins referred to a letter from Mr. Dean Banks which was given to him that morning in regard to the master plan for the bayfront. Mayor Pro Tem Turner stated that it was not the intention of the Council to formulate the master plan for the bayfront, but just to study the various existing plans. City Manager Martin informed the Council that the master street plan discussion could be delayed until next week. In regard to the COG meeting scheduled for Friday, Deputy City Manager Briones informed the Council that the situation had changed in regard to the Criminal Justice funds and the City is no longer in competition with the County 4 • Minutes Regular Council Meeting April 21, 1982 Page 22 for those funds. He explained that Judge Barnes had agreed to support the City's request. Mayor Jones stated that he will attend that meeting and that staff members will represent the other Council Members. There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Kennedy and passed unanimously, the Regular Council Meeting was adjourned at 5:30 p.m., April 21, 1982. '.2" .l i. ti ._ ..k 1 , 1