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HomeMy WebLinkAboutMinutes City Council - 09/08/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 8, 1982 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley ** Herbert -L. Hawkins * Dr. Charles W. Kennedy Cliff Zarsky City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read uict Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Father Michael Burke of the Most Precious Blood Catholic Church, following which the Pledge of Allegiance to the Flag'of the United States was led by Council Member Cliff Zarsky. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Council Member Zarsky that the Minutes of the Regular Meetings of August 25 and . September 1, 1982 be approved as presented; seconded by Mayor Pro Tem Turner; and passed unanimously. .' Mayor Jones noted the issuance of the following proclamations:. "INTERNATIONAL LITERACY DAY" - September 8, 1982 and "NATIONAL OSTEOPATHIC MEDICINE WEEK" - September 12 - 18, 1982. Mayor Jones announced the presentation of a resolution and appreciation plaque to Henry Nuss for serving 15 years on the Civil Service Board and Civil Service Commission. Mayor Jones read the resolution and expressed his personal appreciation on behalf of the Council for his dedication and service to the City through his service on the Board and Commission. CCROFILMED SEP 191984 Minutes ' Regular Council Meeting 4144__ L September 8, 1982 Page 2 City Secretary Read polled the Council for their votes and the following resolution was approved: RESOLUTION NO. 14246: EXPRESSING THE APPRECIATION OF THIS CITY AND ALL OF ITS CITIZENS TO HENRY NUSS III ON THE OCCASION OF HIS RETIREMENT FROM THE OFFICIAL DUTIES AS CHAIR AND MEMBER OF THE CIVIL SERVICE BOARD AND THE CIVIL SERVICE COMMISSION OF THE CITY, AND THE CONTINUATION OF HIS ACTIVITIES AS A LEADER IN THE COMMUNITY; '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". Council Member Gulley stated that he had attended meetings in the past of the Civil Service Board and Civil Service Commission which were much more difficult than the meetings conducted now. He complimented Mr. Nuss for serving so well when his duties were more complex than they are today. Mr. Chuck Speed, Director of Personnel, also expressed his appreciation to Mr. Nuss for being so responsible in his duties on the Board and Commission and commended him for his service. He also stated that he had enjoyed very much serving on the Board with Mr. Nuss. Mr. Nuss expressed appreciation to the City Council for their cooperation with the Civil Service Board and Commission. Mayor Jones then presented Mr. Nuss with a plaque for his dedication to the City. ********* Mayor Jones administered the Oath to the following new appointments to Boards: Mr. Juan Gomez, Animal Control Advisory Board, and Mr. Peter Steiner, Citizens Advisory Health & Welfare Board. * Council Member Charles Kennedy arrived at the meeting at 2:20 p.m. Mayor Jones announced the consideration of a new appointment to a Board. A motion was made by Mayor Pro Tem Turner that Mr. Frank Wagner, appointed by the Friends of the Museum, be confirmed as a Member of the Museum Advisory Board; seconded by Council Member Zarsky; and passed unanimously. ********* Mayor Jones called for discussion of the Bayfront Park Master Plan, which was listed on the morning Workshop Agenda. nutes Regular Council Meeting September 8, 1982 Page 3 Mr. Bill Hennings, Assistant City Manager, displayed a map of the proposed master plan for the Bayfront Plaza and provided background information by stating that Mr. Zion of New Jersey was commissioned by Mr. and Mrs. Ed Singer to provide a recommendation for the master plan. He stated that Mr. Zion has now made some revisions to his original plan. He then pointed out on the map the changes made by Mr. Zion from his original plan, noting that he had recommended the removal of some of the driveways recently installed. He stated that Mrs. Singer had requested Mr. Zion to design the interior plans in phases for better implementation. He pointed out that each building will have an entrance and explained the special events walkway/driveway. Mr. Hennings also pointed out the area that Mr. Zion has recommended be water -oriented. Council Member •Zarsky questioned the need for pedestrian walkways and outside usage by people in the Convention Center area because most people attending conventions, particularly the women, find it unpleasant to remain outside in the windy environment of Corpus Christi. ** Council Member Herbert Hawkins arrived at the meeting at 2:32 p.m. Mayor Pro Tem Turner agreed with Mr. Zarsky's comments but stated she feels that the water garden and the outside "people -oriented space" would be very attractive. She expressed the opinion that people would be in the open -space area if there were something there to attract them. Mr. Hennings pointed out that this plan is similar to the one in Lexington, Kentucky, which was located in the downtown area also. He admitted that there was not much wind at their location. Mr. Hennings also stated that Mr. Zion has studied the planned location for the pelican sculpture and expressed the opinion that it is not large enough as the focal point of the Convention Center on Shoreline because he feels that the sculpture to be located there should be much larger. He informed the Council that Mr. Zion also agrees with the plan to have a hotel that will connect to the Convention Center. He stated that Mr. Zion envisions a very large statue to be placed at the focal point and he will have a recommendation later for the location of the pelican sculpture. During a further discussion of the pelican sculpture, Mr. Tom Utter, Assistant City Manager, informed the Council that all of the design work for the pool and the pelican sculpture has been accomplished; they estimate the cost to be $149,000; Mrs. Marco Eugenio wants to know where the sculpture will Minutes Regular Council Meeting September 8, 1982 Page 4 finally be located so that the plans can move forward. He noted that they plan to locate the pelican in a reflecting pool and that the sculpture was donated by private donors. Mayor Pro Tem Turner questioned the plan to eliminate some of the parking at the Corpus Christi Museum and inquired if that could be retained. ' Mr. Hennings replied that he was of the opinion that this could be a possibility. Mayor Jones stated that he was of the opinion that there is a need to design the central area as soon as possible and they need to consider the cost of the operation of the water area. Council Member Zarsky stated that he would prefer to make a decision on this after he has seen more detailed plans of the central area. Mrs. Singer, who was present in the audience, agreed with the concern about the elimination of the parking. She stated that Mr. Zion should be made aware of the Council's concern. Council Member Dumphy agreed that the parking areas should not be eliminated, particularly because in inclement weather, people will be able to park at the nearest place possible to the building they plan to attend. Mayor Jones suggested that this be considered again in 30 to 60 days since the Council is concerned about the elimination of parking that has just been installed. City Manager Ed Martin stated that evidently, the Council prefers to see a design of the central area without destroying any of the paved parking areas and the Council indicated their concurrence with this assumption. Mayor Jones then expressed appreciation to Mrs. Singer for her efforts on behalf of the City. ************ Mayor Jones called for actions of the City Council by motion on •the following items: 1. Plans and specifications for a Water Distribution System for the H.E.B. Park Area be approved and bids be received October 6, 1982. This 7th Year Community Development project provides for replacing 8, 6 and 4 inch mains and changing house services from easements at the rear of lots to the front of the lots in Dahlia Terrace, Pineda Park, Broadmoor Park and Baldwin Park Subdivisions. The chane of the house service lines is recommended since the present lines in the easements are in such a bad shape that they need to be abandoned. Since it is a major deviation from the previously establ:shed policy a minimal assessment if legal will be recommended prior to contract award. • iinutes Regular Council Meeting September 8, 1982 Page 5 2. The Staff's recommendation to enclose the east and west concurses with a double brick wall, with insulation between the walls, and air conditioning, be approved. The selection of the double brick walls will result in higher installation cost for air conditioning the concourses, but the increase in installation cost will be amortized within a 3 -year period by the savings in energy cost alone, at the present rate, is estimated at $11,000 per year. Council Member Zarsky stated that he had read the various plans for enclosing the concourses at the Airport and agreed with - the Staff recommendation. Assistant City Manager James K. Lontos explained his recommendation and stated that there will be large windows about 100 to 150' apart to provide a viewing area. 3. Approving a contract between the City of Three Rivers and the Lower Nueces River Water Supply District for the sale of water from the Campbellton, Texas wells owned by the District. Three Rivers will pay $3,600 for turning on the wells and for a minimum of 300,000 gallons a day for the 1st two week period and $1,200 per week for as long as the wells are needed to supply 300,000 gallon per day. The Frio and Atascosa Rivers which supply water to Three Rivers are dry and the City now has a 10 -day water supply in its reservoir. Water from Campbellton will flow down the Atascosa to Three Rivers. Corpus Christi will operate the wells and be reimbursed by the District. Council Member Zarsky inquired about the reason the City of Corpus Christi must approve this, and City Manager Martin explained that the wells belong to the City but the financing is a mechanism that has been used which makes them technically the property of the Lower Nueces River Water Supply District. 4. A contract be approved with Ed Reed and Associates, Consulting Engineers, to adivse the City in matters relating to the permit application submitted by Chem -Nuclear, Inc. to the Texas Health Department to operate a uranium mill tailings disposal pit near Three Rivers in the Nueces River Watershed. The cost will not exceed $10,000 and will be shared equally by the City and Nueces River Authority. The Authority concurs in this recommendation. Ten firms were interviewed, 5. Twelve months supply agreement for approximately 381 tons of liquid chlorine in 55 ton tank cars for the Stevens Water Plant be approved to Dixie Petro Chemicals, Corpus Christi on the basis of low bid for a total of $37,147.50. Two bids were received. Price has decreased approximately 18% since last bid in July, 1981. 6. A twelve months supply agreement for 39,100' of }" through 6" plastic pipe, 5,860 }" to 6" plastic fittings and 324 containers of solvent and cement for the Park and Water Divisions be approved on low bid as follows: Coastal Bend Pipe, Sinton, Texas: Plastic Pipe $10,824.55 Minutes Regular Council Meeting September 8, 1982 Page 6 Corr Techn, Inc., Houston, Texas: Plastic fittings 3,352.13 Solvent and Cement 1,152.84 Sub Total $ 4,504.97 Total $15,329.52 The apparent low bid of $10,692.85 from Cross and Company of San Antonio on the plastic pipe is not recommended because the price is subject to fluctuation whereas the recommended bid is a firm price. Also, the apparent low bid of $3,335.60 by Texas Turf of San Antonio on the plastic fittings is only firm for 90 days whereas the recommended bid is firm for six months. Five bids were received. Price comparison shows a decrease of 7% on the plastic pipe, an increase of 18% on the plastic fittings and a decrease of 12% on the solvent and cement. * 7. The following actions be taken on the Zion Plan for the Bayfront Science Park: a. The revised plan provided by Mr. Zion be approved for the purpose of guiding future development in the Bayfront Science Park. b. The detailed conceptual design of the central area be a phased development plan so that the existing circular driveway system and parking area near the plaza may be continued to be used. 8. A public hearing be held October 6, 1982 on the Flour Bluff Development Plan. 9. The City Manager be authorized to apply for up to 50% matching financial assistance from the Texas Parks and Wildlife Department for the development of the 30 -acre St. Andrews Park as a public outdoor recreation area, using any matching money received to augment $200,000 in authorized Park Bond funds and to execute all documents necessary to implement the grant if it is approved. Council Member Zarsky commended the St. Andrews Park area citizens who are working so hard to improve their park with the possibility of obtaining a grant for 50% of the total cost. Assistant City Manager Utter displayed the basic design proposed for the 30 -acre St. Andrews Park, stating that it had at one time been a landfill area. He described the planned activities to be located in the park. Council Member Zarsky inquired about the condition of the park since it was a former landfill area, and Mr. Terry Dopson, Director of Park and Recreation, explained that the concrete and debris has been taken care of. Mayor Pro Tem Turner commended Mr. Dopson and Mr. Utter and the St. Andrews Park Association for all of their cooperation and hard work to have * Item 7 was withdrawn for action at a later date. ,nutes Regular Council Meeting September 8, 1982 Page 7 this park developed. She pointed out that this is a beautiful example of what can happen when a segment of the community is willing to work with the Staff and donate their time and efforts to make a park a reality. 10. Authorizing the City Manager to execute a contract modification with the Nueces County Community Action Agency relating to the implementation of a weatherization program. The modification will change the contract period from August 1, 1981 through July 31, 1982 to August 1, 1981 through July 31, 1983. The contract amount remains at $60,000. 11. To set the sale of $10,525,000 general improvement bonds for Wednesday, October 20, 1982 at 2:00 p.m. Bids will be received until 11:30 a.m., Wednesday, October 20, 1982. Purpose: Amount: Sanitary Sewers $ 5,800,000 Street 825,000 Sanitary Land Fill 450,000 Parks and Recreation 460,000 Airport Land and Hazard Elimination 1,000,000 Airport Improvements 440,000 Storm Sewer 425,000 Public Safety 725,000 Library 300,000 - Grand Total $10,525,000 This is the first sale of the $45,464,000 general improvement bods approved by the voters on February 20, 1982. Council Member Gulley commented that there was some probability at one time of obtaining matching funds for sanitary sewer improvements. City Manager Martin pointed out that the City does not have the funds yet, but stated that Mr. Lontos will go to Austin tomorrow in an attempt to have this approved. He stated that it is possible that the Laguna Madre project will not be funded this year, and the Allison Plant is not technically eligible for funding. He noted, however, that Mr. Lontos will attempt to have these included in consideration for E.P.A. funding. Council Member Gulley requested a specific explanation of how these funds included in the bond sale will be used. City Manager Martin stated that the City has specific plans and this is just a brief description for the purpose of setting the date for the sale of bonds. Council Member Gulley stated that he was under the impression that the Airport Land and Hazard Elimination Bonds were to be sold in the latter part of the program. Minutes Regular Council Meeting September 8, 1982 Page 8 City Manager Martin stated that this item indicates that only a certain portion can be used each year, and a few people have indicated a desire to sell their property in the area of the airport. Council Member Gulley questioned the $300,000 designated for the library and inquired if it was for plans or for acquisition of land. City Manager Martin explained that it is for plans and the City anticipates another bond sale in the Spring. Council Member Gulley then requested information in regard to the interest rate for the sale of bonds, and Mr. Martin stated that the City's bond rating is Aa and Al and he is of the opinion that 11% interest rate would be reasonable with those ratings. He stated that the Staff hopes that this is a good time to sell bonds. Council Member Zarsky inquired if the Environmental Protection Agency had been funded by the federal budget. Assistant City Manager Lontos replied that the 1982 appropriations have been made, and the State of Texas has received approximately $88 million. He noted that he hoped that funds will be awarded to the City of Corpus Christi for sanitary sewer improvements. He explained that the funds for 1983 will probably be awarded in the Spring of 1983. He then explained the procedures followed with the funding for the various sanitary sewer plants, stating that the Step 1 and Step 2 grants have been approved. City Manager Martin reiterated that the City is urging E.P.A. to make a definite decision on the City's grant applications as soon as possible. Mayor Pro Tem Turner inquired as to why a larger percentage of the bonds are not being sold at this time since the interest rates have been reduced somewhat. Mr. Martin stated that these will be sold at approximately 11% and it is possible that the interest rates will be even lower in the future. Mayor Pro Tem Turner then inquired as to when the library site will be selected, and Mr. Martin replied that they will have a recommendation in the near future. Mayor Jones noted that on Monday, September 20, 1982, the Texas Municipal League Policy Meeting will be conducted in Austin. He suggested that some of the Council Members attend the meeting with him and that one Staff member be allowed to attend. nutes Regular Council Meeting September 8, 1982 Page 9 12. The City Council adopt a legislative policy to oppose legislation that: a. Will undermine the principle of Home Rule and local self government. b. Mandates increased costs to cities. c. Results in loss of revenue to cities except where local option is provided. d. Results in dminishing the authoirty of Cities to regulate and manage their growth and development. e. Proposes to change the City's policies contained in existing provisions of the Charter, ordinances, resolutions, and master plans, unless such changes expand the City's ability to manage its own affairs. and support legislation that: a. Will increase City revenues through alternate methods of taxation -- hotel -motel tax, sales tax, etc. b. Reduces costs to the City. c. Provides more local control. d. Protects those policies previously established through the Charter, ordinances, resolutions and master plans. Discussion followed by the Council on this item, and Mayor Pro Tem Turner suggested that item "a" under support legislation be eliminated. She noted that basically, the Council wants to support any legislation that will provide the City with complete home rule. A motion was made by Council Member Gulley that item 12 be approved with the deletion of item "a" under support legislation; seconded by Council Member Kennedy. City Manager Martin noted that this would be satisfactory because if there were something that the Staff felt the City should support, it could be presented to the Council for their consideration. Mayor Jones stated that he will vote against this motion to delete this item because he was of the opinion that it will hamper the Staff in dealing with these legislative policies. Mayor Jones called ,for the vote on the motion to eliminate the item that will support legislation that will increase City revenues through alternate methods of taxation -- hotel -motel tax, sales tax, etc. and it passed by the following vote: Turner, Dumphy, Gulley, Kennedy and Zarsky voting, * Note: Item 12. a. was withdrawn -- See page 10 Minutes Regular Council Meeting September 8, 1982 Page 10 "Aye"; Jones voting, "No"; Hawkins, absent from the Council Chamber at the time the vote was taken. 13. The following actions be approved in connection with the Multi -Cultural Center project: a. The concept for the Multi -Cultural Center proposed by the Chamber of Commerce Community Unity Committee be endorsed. b. The staff be authorized to negotiate for the purchase of the Galvan House. c. The staff be directed to work with the Community Unity Committee on the Multi -Cultural Center project. Council Member Zarsky commented that the idea behind this is very good but he hopes that this will not eliminate the possibility of other cultural groups having a place for their activities. He expressed the opinion that it would be unfair for every group to install an old building in this area. City Manager Martin assured the Council that this is not a Mexican -American Cultural Center and the City will receive other requests for meeting places for other cultures. Council Member Dumphy expressed the opinion that other groups should be allowed to use that building as well. Council Member Gulley commented that some of the members of the Unity Committee indicated that they would attempt to raise private funds for this project. He indicated that he was of the opinion that this would be very helpful, but stated that the City should be very careful about the way the funds are used. He stated that if the price of the house is not reasonable, he would be opposed to it. City Manager Martin assured him that this matter will be presented to the Council before any expenditures are authorized. 14. A twelve months supply agreement for 4,100 pairs of leather palm work gloves be awarded to Global Safety resources, Inc. of San Antonio on the basis of low bid meeting specifications of $12,330. The apparent low bid of $6,530 by Gulf King Marine of Aransas Pass did not meet specifications. The glove bid is not a heavy duty glove as required. Seven bids were received. A price comparison is not available because this is the first purchase of these gloves on a twelve month supply agreement basis. It is estimated that a 30% savings will be achieved by purchasing the gloves this way as opposed to buying them on an informal bid basis as needed. Minutes Regular Council Meeting September 8, 1982 Page 11 Mayor Jones called for comments from the audience on these items, and there was no response. A motion was made by Mayor Pro Tem Turner that the foregoing items 1 through 14, with the exception of item 7 which was withdrawn, and item 12 as amended, be approved; seconded by Council Member Zarsky; and passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent from the Council Chamber at the time the vote was taken. Mayor Jones called for actions of the City Council by ordinance, calling particular attention to the new ordinances. Mayor Pro Tem Turner referred to ordinance b. which was the first reading increasing violation fine assessments and asked in particular about the method of controlling illegal parking in handicapped zones. City Secretary Read stated that the State provides a special license plate sticker for the handicapped. Mr. Tom Stewart, Director of Traffic and Transit, confirmed that the County issues a sticker that can be placed on the license plate or in the window of the vehicle of a handicapped person. Mayor Jones referred to ordinance d, which calls for the closing and abandoning of the 50 -foot wide right-of-way on Caribbean Drive from Roscher Road west to the Cayo del Oso and noted that he was under the impression that there would be no award of this closed street to adjoining property owners. Mr. Lontos stated that they removed the future use of this right-of-way as a street but they suggest that the sidewalk and bikeway be allowed in that area to insure pedestrian access to the water. Mayor Jones inquired about the value of this land, and Mr. Lontos explained that it is 40 feet wide and 1,200 feet long and consists of approximately 1} acres. He stated that the adjoining property owners can fence it in until the City decides that they need to use it to establish a side*alk and bikeway. Mayor Jones noted that the words "closing and abandoning" implies that the street is closed. Minutes Regular Council Meeting September 8, 1982 Page 12 Council Member Zarsky stated that his recollection of the previous discussion on this matter was that the words, "sidewalks and bikeways" were not included in their action. Mr. Lontos stated that the Staff was instructed to see that access to the water was maintained and he was of the opinion that the sidewalk and bikeway would accomplish this purpose. Speaking in regard to this ordinance was Mr. Wayne Bishop, 3706 Locke Lane, who stated that Mr. Zarsky was correct, and the first suggestion that a sidewalk and bikeway easement be retained came from Mr. Lontos. He stated that during the public hearing on this street closing, it was designated that this particular area would be used for utility and drainage right-of-way. He stated that he did not agree with this recommendation because they had not discussed that with the Staff. He pointed out that this street is not on the transportation plan and all that was really needed was a drainage and utility easement. He stated that he was not aware of the recommendation for a sidewalk and bikeway requirement until today. Speaking in opposition to this street closing was Mr. Robert Cooper, a resident of Caribbean Drive, who stated that he was speaking for himself and several other residents of that area who have indicated that since growth is so rapid in Flour Bluff, it is possible that some time in the future there might be a development along the Oso area and there would be no way for the public to get down to the water. He stated that he did not recall any mention of a sidewalk and bikeway easement but only the retention of the drainage and utility easement. He expressed the opinion that there should be some way to provide access to the Oso in the future at this location. Also speaking in opposition to this street closing was Mrs. Ruth Murphey, who stated that she owns 131 acres on Caribbean. She then read a petition that was presented to the City Council on June 9, signed by eleven property owners requesting that Caribbean Drive not be closed. She assured the Council that they did not want it open now but they would like for it to remain open in the event a street should be contemplated in the future. Council Member Gulley stated that he was of the opinion that the matter had been settled and it was decided that the street would be closed subject to the retention of a utility and drainage easement, but also stated that he did not recall any discussion about a sidewalk and bike path. ,minutes ' Regular Council Meeting September 8, 1982 Page 13 Assistant City Manager Lontos explained that the recommendation of the Staff was not to close the street but to retain the utility and drainage easement. He stated that during the public hearing, a question was asked if the City had any plans to extend the street; they do not have any specific plans; but they did want to retain an easement for drainage and utilities. He stated that no vehicles would be allowed access to the Oso from this location. He assured the Council that the Staff is just suggesting the right to install a sidewalk or bike path and that an easement for this purpose be retained by the City for the future. Mr. C. F. Roscher, 336 Baker Street, stated that he owns property on Caribbean. He stated that he did not care to see the road opened at this time but he was of the opinion that the right-of-way should not be abandoned in the event a street should be needed in the future. He pointed out that there is a drainage problem in this area and there was certainly a need for the drainage easement to be retained. He agreed that the adjacent property owners should be able to use the land now for open spaces but should not be allowed to build on it in the event it should be needed in the future. He pointed out that if this land is given away, it should be given back to the person who donated the land and informed the Council that his ancestors donated the land and he did not want it to revert to someone else. Mr. Lontos stated that they did not object to the elimination of the street right-of-way because the street is not included in the Master Transportation Plan, but they feel that they should retain the easement not only for drainage and utilties, but also for access to the Oso. If this is done, the owner could not build on it but he could use it for a play area as long as nothing permanent is installed there. Mayor Jones inquired if taxes would have to be paid on this land, and Mr. Lontos verified that the property owner would have to pay taxes on the property. A motion was made by Council Member Gulley that the reference made to retention of an easement for sidewalk or bikeway be removed from the ordinance. Mayor Jones inquired if this would prevent the public from having access to the Oso, and Mr. Lontos stated that that is correct. Minutes Regular Council Meeting September 8, 1982 Page 14 Mayor Jones pointed out that there is a considerable distance to the nearest access to the Oso. The motion was seconded by Council Member Dumphy. Council Member Hawkins expressed the opinion that any time a street is closed, some compensation should be made to the City by the adjacent property owners. He stated that he will vote against this street closing, primarily because no compensation will be made to the City. He also suggested that the City might be subject to liability for closing a street that has been dedicated. Mayor Pro Tem Turner inquired about the terms of the deed dedicating the land. Mr. Lontos explained that the Land Grant provided that each section should have access to a road, and that is the reason they requested dedication of street right-of-way, and later, it was determined that the right-of-way is not needed. Council Member Zarsky pointed out that there may be some question as to whether this property was ever dedicated to the City, noting that sometimes the deed indicates that the dedication was made to the County, and Mr. Coffin agreed with that statement. Mayor Pro Tem Turner inquired if the title should be examined. Mr. Coffin expressed the opinion that they should assume that the City has the same rights that the County had because the County gives the easement rights to the City when the properties are annexed. Council Member Gulley stated that this street has never been used as a street; it is not on the Master Transportation Plan; it is not properly maintained; and he was of the opinion that the street should be closed with the retention of the utility and drainage easement. Council Member Hawkins reiterated that the street should not be closed without compensation to the City. He stated that he would like to know the legality of closing streets without receiving any compensation. Assistant City Attorney Coffin stated that unless the City has a free title, he would question whether the City has the right to charge for land obtained through the closing of a street. Council Member Dumphy pointed out that Mr. Hawkins continuously asks that question and stated that he would like to have the City Attorney provide something in writing in regard to this matter. .vlinutes Regular Council Meeting September 8, 1982 Page 15 Mayor Pro Tem Turner stated that she objects to giving up the access to the water and inquired as to why it was not included in the Master Plan. Mr. Lontos explained that at one time in 1964, the Master Plan showed a third crossing in Flour Bluff across Saratoga Boulevard to Glenoak and this has been changed and that crossing is no longer included in the Master Plan. He stated that apparently, there is no such need for a collector street because this does not connect with anything. He pointed out that that is why they had recommended the retention of a sidewalk and bikeway path for pedestrian access so that if it is ever needed, the easement would belong to the City. Mayor Jones also stated that he objects to seeing the City give up this access to the water. Council Member Gulley asked about the condition of the beach at this point on the Oso, and Mr. Lontos stated that there are mud flats; there is no recreational activity; but it is a public body of water which could be used in the future for public uses. Mayor Jones called for the vote on the motion to remove the reference to the retention of a sidewalk and bikeway easement and it passed by the following vote: Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Jones, Turner and Hawkins voting, "No". There was no further discussion of the new ordinances, and Mayor Jones called for a consideration of the second and third reading ordinances. City Manager Martin referred to the third reading of the ordinance amending Section IV, Design Standards of the Platting Ordinance to set the maximum right-of-way dedication of subdividers at 120 feet. He stated that the 120 feet of right-of-way is not agreeable to the Developers' Association because they prefer that this be limited to 100 feet of right-of-way. Mayor Jones called for comments from the audience. Mr. Edgar Moore spoke in regard to that ordinance which was discussed during the Council Meeting of August 25, 1982. He stated that the position of the Developers' Association is still that they do not want to donate 120 feet of right-of-way without some compensation. He stated that the people already in the City do not have to make such large dedications and they were of the opinion that people outside the City limits should not have to dedicate more than 100 feet. He stated that only one developer he discussed this with was in Minutes Regular Council Meeting September 8, 1982 Page 16 favor of the 120 -foot dedication. He pointed out that the City would have to maintain the 20 feet of right-of-way in the center of the street and the developer will have to pay for the construction of the street. City Manager Martin stated that it is his understanding that there are only four streets that they are talking about which would require the 120 feet of dedication and they are Saratoga, Rodd Field Road, Yorktown Road, and Old Brownsville Road. He stated that those are really the only streets that would require 120' dedication for right-of-way because they are included in the Master Transportation Plan. He stated that additional streets could not be added to the Master Transportation Plan without amending it. He stated that he was of the opinion that the ordinance could be changed to state that 100 feet of right-of-way would be satisfactory except for those four streets that are included in the Master Plan. Mr. Lontos agreed with that limitation. Mr. Moore stated that he was of the opinion that this is a very good ordinance and the other developers were in favor of it also if it is clear that those four streets are the only ones that are included in the Master Transportation Plan and are the only ones which would require 120 feet of dedication. City Manager Martin suggested that this third reading of the ordinance be withdrawn until next Wednesday or the following Wednesday. Mr. Lontos stated that if the statement is correct that 100 feet of right-of-way would only be required with the exception of the four streets that are included in the Master Plan, then he had no problems with that. Mayor Pro Tem Turner stated that she felt that the ordinance could be passed today with the stipulation that with the exception of those four streets that are included in the Master Transportation Plan which would require a dedication of 120 feet, 100 feet of right-of-way dedication would apply to all other streets. The Council indicated their concurrence with this change. No one else spoke in regard to the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: linutes Regular Council Meeting September 8, 1982 Page 17 FIRST READING: AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 53-252, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES The foregoing 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: AMENDING SECTION 53-55 OF THE CODE OF ORDINANCES BY REVISING THE CITY'S PARKING FINE ASSESSMENTS FOR PARKING VIOLATIONS; PROVIDING FOR PUBLICATION. The foregoing 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". ORDINANCE NO. 17242: AUTHORIZING AN APPRAISAL AGREEMENT WITH SIDNEY H. SMITH III FOR THE ACQUISITION OF TWO PARCELS IN CONNECTION WITH THE FLOUR BLUFF TREATMENT PLANT EXPANSION; APPROPRIATING $950 FOR SAID SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 17243: CLOSING AND ABANDONING THE 50 FOOT WIDE CARIBBEAN DRIVE RIGHT-OF-WAY FROM ROSCHER ROAD WESTERLY TO THE CAYO DEL OSO; RETAINING THE FULL 50 FOOT WIDTH AS A UTILITY AND DRAINAGE EASEMENT; PROVIDING FOR THE SOUTH 30 FOOT OF SAID 50 FOOT REVERTING TO THE ADJACENT SOUTH PROPERTY OWNER AND PROVIDING FOR THE NORTH 20 FOOT OF SAID 50 FOOT REVERTING TO THE ADJACENT NORTH PROPERTY OWNER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Dumphy, Gulley, Kennedy and Zarsky voting, "Aye", Jones, Turner and Hawkins voting, "No". ORDINANCE NO. 17244: CLOSING AND ABANDONING TH 10 FOOT WIDE UTILITY EASEMENT IN LOTS 11 AND 12, BLOCK 1, BEHMANN SUBDIVISION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 17245: AMENDING ORDINANCE 17151 BY REDUCING THE ANNUAL AD VALOREM TAX FOR THE PAYMENT OF CURRENT OPERATION EXPENSES AND REDUCING THE ANNUAL AD VALOREM TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON ALL OUTSANDING CITY BONDS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Minutes Regular Council Meeting September 8, 1982 Page 18 SECOND READING: AMENDING THE BUILDING CODE BY ADOPTING BY REFERENCE THE FLOOD INSURANCE RATE MAP DATED OCTOBER 31, 1975; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERANCE. The foregoing 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". SECOND READING: CANCELLING THE LEASE AGREEMENT WITH PUMPKIN AIR AUTHORIZED BY ORDINANCE NO. 16925 AND AUTHORIZING A NEW LEASE AGREEMENT WITH PUMPKIN AIR FOR A COMMERCIAL HANGAR PLOT. The foregoing 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". THIRD READING - ORDINANCE NO. 17247: AUTHORIZING A LEASE AGREEMENT WITH THE SOUTHSIDE LITTLE MISSES KICKBALL LEAGUE FOR A 7.08 ACRE TRACT. OF LAND KNOWN AS THE ANDERSON PIT FOR ESTABLISHING AND MAINTAINING A PUBLIC RECREATIONAL AREA. The foregoing ordinance was read for the third time and passed by • the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and .Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 17248: AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 29, THE BOARD OF ADJUSTMENT, SECTION 29-3 SPECIAL USE EXCEPTION, SUBSECTION 29-3.10 TEMPORARY AND CONDITIONAL PERMIT FOR A TWO YEAR PERIOD TO ADD ITEM 5 REGARDING DIRECTIONAL SIGNS AND TO AMEND ARTICLE 3, DEFINITIONS TO ADD A NEW SUBSECTION 3-1.56.1 SIGN, DIRECTIONAL. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "No". THIRD READING - ORDINANCE NO. 17249: AMENDING THE PLATTING ORDINANCE BY DELETING THE PRESENT SUBSECTIONS A.11 AND A.12 OF SECTION IV AND SUBSTITUTING A NEW SUBSECTION A.11 PROVIDING FOR MAXIMUM SUBDIVIDER RIGHT-OF-WAY DEDICATIONS OF 100 FEET AND MAXIMUM STREET PAVING OBLIGATIONS OF SUBDIVIDER BEING 48 FEET; DELETING SUBSECTION A - OFFSITE IMPROVEMENTS OF SECTION VI - EXCEPTIONS. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ********** Mayor Jones announced the public hearings on five zoning matters. Assistant City Manager Tom Utter announced the public hearing on Application No. 782-15, Mrs. Cruz Maria Perez, for a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 5, Block 31, Windsor Park Unit 4, located on the east side of Waltham Drive, approximately 800' north of McArdle Road. inutes Regular Council Meeting September 8, 1982 Page 19 Mr. Utter informed the Council that both the Planning Commission and the Planning Staff recommend denial; 36 notices of the public hearing were mailed; and five in favor and nine in opposition were returned. He stated that a petition in opposition was also submitted containing ten signatures of property owners outside the 200' area of notification. He noted, however, that thirteen had indicated they would not be opposed to a special permit but stated that the 20% rule is in effect. Mr. Gary Dumas, Senior Planner, stated that this application is being considered today because the applicant, without obtaining a building permit, remodeled her home for use as a beauty shop; someone notified the Building Division; and she was cited for an illegal use in a residence. Mr. Dumas then located the area on the zoning and land use map, described the land use which is residential, and showed slides of the area. He stated that a beauty shop is not a home occupation. Mayor Jones called on the applicant to speak. Mr. Ben Garcia, representing Mrs. Perez, stated that in January, she enclosed one of the back rooms of her residence but this did not change the character of the house. He stated that she only has a few customers a day and no one else is employed at the beauty shop. He assured the Council that she has no sign and there is no problem with traffic. He informed the Council that Mrs. Perez needs to operate the shop in her home because of her minor children and that she ceased operation of the beauty shop in April. Mrs. Perez concurred that she has two minor children ages 15 and 16 but she does not have anyone working for her. Speaking in opposition to this application was Mr. Lee Dalton, 4734 Waltham, who stated that he was of the opinion that this would create a traffic problem and is not suitable for a residential neighborhood. He stated that if a special permit is approved, a precedent will be set and others will request the same consideration. Mr. Navarro, 4721 Waltham, spoke in favor of this request because most of this area will become business zoned in the future anyway. Also speaking in favor of the application was Mrs. Gloria Ramirez, a friend of the applicant, who informed the Council that Mrs. Perez only operates by appointment and there would not be any further traffic created. No one else spoke in regard to this zoning application. Minutes Regular Council Meeting September 8, 1982 Page 20 A motion was made by Council Member Zarsky that the hearing be closed, seconded by Council Member Hawkins, and passed unanimously. Mayor Jones stated that he sympathizes with Mrs. Perez but pointed out that this is still a business located in a residential area. A motion was made by Mayor Pro Tem Turner that Application No. 782-15 be denied, seconded by Council Member Hawkins, and passed unanimously. ********** Mr. Utter announced the public hearing on Application No. 782-4, Mr. Richard Casares, for change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District on Lots 4 and 5, Block 5, High Terrace located on the south side of Sonora Street, approximately 200' west of South Port Avenue. Mr. Utter stated that the Planning Commission recommends denial and in lieu thereof, that a special permit be approved for servicing automobiles and repairing furniture, and the Staff recommends denial. He informed the Council that 29 notices of the public hearing had been mailed and two in favor and one in opposition had been returned. Mr. Dumas explained the Staff recommendation for denial is based on the fact that it is is an area of residential uses. He located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the vicinity, and stated that a site plan has been submitted which he then presented to the Council. Mr. John Hernandez, 1301 Ocean Drive, appeared as the applicant's representative. He stated that the special permit would allow them to do what they plan to and the location allows access to Port Avenue. He stated that they really should have requested "B-4" zoning instead of "1-2" zoning. No one else spoke in regard to this application. A motion was made by Council Member Dumphy that the hearing be closed, seconded by Council Member Zarsky, and passed unanimously. A motion was made by Mayor Pro Tem Turner that the Council concur with the recommendation of the Planning Commission and deny the zoning of "1-2" but in lieu thereof, approve a special permit in accordance with the submitted site plan; seconded by Council Member Hawkins; and passed unanimously. Mayor Pro Tem Turner departed the meeting at 6:05 p.m. ********** „Ainutes Regular Council Meeting September 8, 1982 Page 21 Assistant City Manager Utter announced the public hearing on Application No. 882-1, Mr. George W. Kirmse, for a change of zoning from "AT” Apartment Tourist District to "B-5" Primary Business District on Lot 4, Block 3, Seaside Subdivision located on the north side of Ocean Drive east of Robert Drive. Mr. Utter informed the Council that both the Planning Commission and Planning Staff recommend denial of the "B-5" zoning but in lieu thereof, that a special permit be approved to construct the proposed condominiums. He stated that 53 notices of the public hearing had been mailed; one in favor and four in opposition had been returned within the 200 foot area; one in favor from outside the 200 foot area, and twelve in opposition from outside the 200 foot area. Mr: Utter stated that the site plan has been submitted and approved by the Planning Commission. He informed the Council, however, that the Staff recommends that before a building permit is issued, the ownership of the property should be clarified. He stated that the City Staff cannot make the determination as to the ownership of the property that extends out into the Bay, but the Staff recommends that this be cleared up completely before building commences. Mr. Dumas 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 proposed development is similar to that of other property in the area. He explained that the condominium complex will be twelve stories high with parking for 150 cars and will include 59 units. He explained that the general land office would be requested to issue a letter clarifying the ownership of the land in question that extends into the Bay. Mr. George Kirmse, 4334 Ocean Drive, explained the proposed construction and stated that they did not really need "B-5" zoning, they just wanted a square foot variance. He noted that the existing "AT" zoning would be satisfactory for their use except for the variance. Mayor Jones inquired about the number of units that could be constructed under the existing zoning and Mr. Kirmse replied that 86 could be constructed under this zoning. Minutes Regular Council Meeting September 8, 1982 Page 22 Mr. Charles Zahn, Attorney representing Mr. Bill Kirmse and Mr. George Kirmse, stated that the land is presently zoned "AT" for multi -family dwellings; they plan the construction of 59 units; and the existing, zoning would allow many more units. He also noted that they had made the request because the plans for the development would exceed the square footage requirement under "AT" zoning. He stated that they would be glad to accept a special permit and the question was raised by other landowners in regard to the ownership of the property. He pointed out that the question before the Council is merely the zoning change, but they are cognizant of the ownership question and the land in question has been traced. He has been working with Mr. Hightower of the General Land Office who has questions about how the land was erroded. He stated that they plan to work out some type of agreement with the General Land Office in regard to this land, and they would not attempt to construct the condominium until the land ownership has been resolved. Mr. Zahn also pointed out that there are substantial areas of sideyards of the proposed building to provide open space and a view of the bay. No one else spoke in regard to this zoning application. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. A motion was made by Council Member Hawkins that the Council concur with the recommendation of the Planning Commission and deny the requested zoning of "B-5" but in lieu thereof, ,grant a special permit ,in accordance with the approved site plan; seconded by Council Member Dumphy; and passed unanimously. ********* * Application No. 882-10, Mr, Kim Q. Kitchen, for change of zoning from "R -1B: One -family Dwelling District to "1-3" Heavy Industrial District on Lot 14 and the north 50' of Lot 15, Block 2, West End Heights located on the west side of Kakeview Circle approximately 175' north of Up River Road. After the Planning Commission meeting on this case, it was ascertained that this property was,, along with all other property in Industrial Development Area No. 1, pre -zoned "1-3" by Ordinance No. 16107, passed March 11, 1981. This property was annexed in the November, 1981 election because the property owner had declined to execute an industrial district agreement. Therefore, a public hearing is not necessary. Also, for this reason, notices of this hearing were not sent to the property owners within 200' of the application. ********* * Public Hearing was cancelled .i'nutes ' Regular Council Meeting September 8, 1982 Page 23 Assistant City Manager Utter called for consideration of a text amendment to the zoning ordinance to specifically state that mobile homes and travel trailers are allowed only in the "T -1A" Travel Trailer District, "T -1B" Mobile Home Park District and "T -1C" Mobile Home Subdivision District. Council Member Gulley stated that he needs to either abstain or disqualify himself, since this involves mobile homes. He then departed the Council Table, stating that he will disqualify himself on this particular subject. Mr. Utter briefly explained the ordinance and the reason for the proposed amendments. No one spoke in regard to this request. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Zarsky, and passed unanimously. A motion was made by Council Member Hawkins that the Council concur with the recommendation of the Planning Commission and the Planning Staff and approve the text amendment; seconded by Council Member Zarsky; and passed by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, absent; Gulley, having disqualified himself. ********* City Secretary Read called for the vote on the ordinances effecting the foregoing approved zoning matters and they passed as follows: ORDINANCE NO. 17250: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF RICHARD CASARES BY GRANTING A SPECIAL COUNCIL PERMIT FOR SERVICING AND REPAIRING OF AUTOMOBILES AND FURNITURE REPAIR WITH A STANDARD SCREENING FENCE ON THE WEST AND SOUTH SIDES OF THE PROPERTY, ON LOTS 4 AND 5, BLOCK 5, HIGH TERRACE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent at the time the vote was taken. ORDINANCE NO. 17251: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF GEORGE W. KIRMSE BY GRANTING A SPECIAL COUNCIL PERMIT FOR CONSTRUCTION OF A CONDOMINIUM ON LOT 4, BLOCK 3, SEASIDE SUBDIVISION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent at the time the vote was taken. y � eAinutes Regular Council Meeting September 8, 1982 Page 25 ********** City Manager Martin informed the Council that the meeting of the Corpus Christi Industrial Development Corporation, which was scheduled for 4:00 p.m. will not be conducted because the party involved has temporarily withdrawn their application. He commented that there is a question as to whether IRB's should be encouraged in all three districts, and the Staff feels that they should discuss District 3, where there have been a number of hotels started recently. Council Member Dumphy agreed that this should be discussed and City Manager Martin stated that the future agendas are very heavy but he, too, felt that it should be discussed. Council Member Gulley noted that there are a total of 2,090 rooms already started through bonds sold from IRB's and he suggested that since there are so many in the process of being developed, that a six-month moratorium be established on motels to be developed through the use by IRB's. It was decided that this matter should be discussed before the moratorium is established. Mr. Lon Hill, III, requested that the City Council support the Padre Island International Challenge Cup. He stated that this provided a great deal of publicity in Canada, and this year, they have invited participants from Venezuela and Mexico to the event. Mr. Hill then proposed the idea for a Hemisphere Conference Center to be located in the Bayfront Plaza with one meeting room of 200 -seat capacity with electronic translation capabilities. He pointed out that the City of Corpus Christi is located in the center of. the Western Hemisphere and he felt that this facility would be used and would attract more people to the Convention Center. He informed the Council that Mr. Tony Bonilla had expressed support for such a facility. He requested that the Galvan Home not be purchased until this aspect for a center has been investigated. He expressed the opinion that expenditures of the bond funds should be carefully considered and designated for a multi -cultural center. He pointed out that there are over thirty organizations that meet annually that could utilize such a facility as he proposed. He stated that he will provide further data on this project. He informed the Council that the cost of the instantaneous translation system is estimated to be about $100,000. He urged Minutes Regular Council Meeting September 8, 1982 Page 26 that rather than a fifth historic home, that the Council consider spending funds for this facility. Mrs. Oscar Bocock spoke in regard to Crime Prevention. She extended an invitation to the Council to attend a mini -conference on September 24 and 25 on Crime Prevention at the Ramada Inn in Corpus Christi. Council Member Gulley requested that the Council have the discussion on the IRB's on the agenda next week. ********** There being no further to come before the Council, on motion by Council Member Dumphy, seconded by Council Member Zarsky and passed unanimously, the Regular Council Meeting was adjourned at 6:35 p.m., September 8, 1982.