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HomeMy WebLinkAboutMinutes City Council - 09/29/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 29, 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, Jr. Dr. Charles W. Kennedy Cliff Zarsky City Manager Edward Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Craig Hockenbrough of Windsor Park Church of Christ, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem 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 con- stituted meeting. Mayor Jones noted the issuance of the following proclamation: "JOHN SCOTT DAY" - September 25, 1982. The Mayor recognized Mr. Scott and stated that Mr. Scott is very active in Tract 16 and the Nueces County Community Action Agency and has worked for the benefit of the community. A motion was made by Mayor Pro Tem Turner that the minutes of the Regular and Special Council Meetings of September 22, 1982 be approved as presented; seconded by Council Member Herbert Hawkins; and passed unanimously. * * * * * * * * * * * * * Mayor Jones, assisted by Mr. Ed Garcia, Administrative Assistant, Personnel Department, presented retirement plaques to the following employees: EMPLOYEE DEPARTMENT POSITION YEARS OF SERVICE Allison G. Shaw Fire Fire Captain 34 . Jess V. Berner Water Equip. Operator III 13 Lillian Bartee Tax Account Clerk II 27 * * * * * * * * * * * * * "i0-ERMED SEP 1 9 1984 Minutes Regular Council Meeting September 29, 1982 Page 2 Mayor Jones called for actions of the Council from the Workshop Session and stated that items 18 and 19, pertaining to the Ben Grande House and the position of Municipal Court Judge, had been added to the agenda under the category "motions". Mayor Jones called for actions of, the City Council by motion on the following items: 1. A public hearing be held October 20, 1982 on the closure request of a 50- foot wide by 127 -foot long dedicated but unopened street in Ferrell Subdivision No. 2. The right-of-way is located on Ayers Street between Viola Avenue and Sunnybrook Road, and there are no utilities existing or planned within the right-of-way. The staff concurs in the request to close the right-of-way subject to replatting of the abutting lots. 2. The following actions be taken regarding the lighting of the tennis courts at Calallen High School and Parker Park: a) Plans be approved and bids be received October 27, 1982. b) An agreement with the Calallen Independent School District, subject to contract award for the tennis court lighting be authorized providing for the School District assuming maintenance of the lights and electrical power costs. Bonds for this project were approved in the 1977 bond program. 3. The following actions be taken on the Allison Wastewater Treatment Plant: 1) A Memorandum of Agreement be approved between EPA,' Texas State Historic Preservation Officer & Advisory Council on Historic Preservation which designates the Allison Plant Site as a significant historic property which will delay any expansion by requiring the City to develop a "data recovery plan" for buried artifacts to be implemented prior to any construction. 2)The Staff be authorized to negotiate with archaeological consultants to fulfill the terms and conditions of the Memorandum of Agreement regarding preparation of a Data Recovery Program and regarding any additional archaeological research which must be conducted at the Allison Plant. 4. Change Order No. 3 to the Bayfront Parks project be approved. The change order provides for a numberof deletions in the contract and a number of design improvements to increase public safety and increase the shoreline protection. A net increase of $22.60 is effected by the change. 5. The Fixed Base Operator Ramps project at the Corpus Christi Inter- national Airport be accepted and final payment be made to M & M Construction Company of $60,560.34. The project provided for the expansion of the Van Dusen Ramp and the construction of a 300' by 200' heavy base ramp at Rayburn Aviation at a total cost of $468,584.31. This is a 1977 Bond project financed with a grant through FAA and by general obligation bonds. 6. The annual contract be renewed with the Museum of Oriental Cultures for the purchase of professional services during 1982-83. The 1982-83 budget provides $8,050.00 for utility and routine maintenance costs for the museum in exchange for the museum being open six days per week, providing education instruction, performing arts and crafts demonstrations, conducting outreach programs, providing support for sister city functions, and assisting in industrial develop- ment and tourist promotion. utes egular Council Meeting September 29, 1982 Page 3 7. Corpus Christi Oil and Gas Company be granted a permit to drill a well from a regular location 500 ft. south of the ship channel right-of-way and 3.5 miles southwest of, Port Aransas. The Corpus Christi Bay State Tract 354 Well No. 1 will be directionally drilled to a depth of 11 ,500 ft. The applicant is in the process of obtaining the required bond. No other exceptions to the Bay Drilling Ordinance are requested. • 8. Sanchez -O'Brien Oil and Gas Corporation be granted a permit to drill a well from a Nueces Bay regular location 8,000 ft. north of the Rincon Industrial Park. The State Tract "H" Well No. 1 will be drilled as a straight hole to a depth of 14,500 ft. No exceptions to the Bay Drilling Ordinance are requested. 9. Bids be received October 19, 1982 for a twelve month supply agree- ment for approximately 470 computer ribbons and 200 magnetic tapes for the Data Processing Department. 10. Bids be received October 19, 1982 for twelve months supply agreement for data processing cards and forms for the Data Processing Department and Police Department. The estimated total expenditure is $60,000. 11. Bids be received October 19, 1982 for twelve months supply agreement, with an option to extend for an additional twelve months subject to the approval of the seller and the City Manager or his designee for approximately 100 50 yard rolls of reflective sheeting, 24 50 yard rolls of non -reflective sheeting, 2,830 packages of numbers and letters and 48 gallons of paint and other processing material. - - 12. Bids be received October 19, 1982 for twelve months supply agreements for estimated 6,000 gallons of pavement marking paint; 36,000 pounds of glass spheres; 5,500 pavement markers; and 25 gallon units of marker epoxy adhesive for use by the Traffic and Transit Department. 13. Bids be received October 19, 1982 for twelve months supply agreements for estimated 800 extruded aluminum sign blades, 400 sets of sign brackets, 1875 traffic sign blanks and 1369 traffic sign posts for use by the Traffic and Transit Department. 14. Bids be received October 26, 1982 for twelve months supply agree- ment for linen and towel service for the Fire Stations, Airport and Libraries. The service includes approximately 610 sheets, 305 pillowcases and 1,455 dish towels exchanged weekly for the Fire Department, 16 roll towels exchanged weekly for the Airport restrooms and 100 dish towels exchanged every other week for the libraries for window cleaning. 15. Twelve months supply agreement for captive radio repair parts be approved for General Electric Company for an estimated annual expenditure of $60,000.00 based on a 25% discount from price lists and Motorola, Inc. for an estimated annual expenditure of $15,000.00 based on a 15% discount from price lists. Captive parts are available only from the manufacturers. - 16. Bids be received October 12, 1982 for twelve months supply 'agree- ment for an estimated 1095 pairs of safety toe boots and shoes, valued at approximately $47,000. These are maintained in the City Warehouse and sold to employees through payroll deductions, as well as to the County as a part of our cooperative purchasing efforts. Minutes Regular Council Meeting September 29, 1982 Page 4 17. An amended proposal be accepted from Fox and Company, Certified Public Accountants, for the audit of federal grants for the fiscal year ending July 31, 1982 under the "Single Audit" concept increasing the audit fee from $18,000 to $28,000. 18. Donation of the Ben Grande House be accepted, bids be received October 19, 1982 for the moving of the house and authority be granted to obtain an appraisal of the market value of the house. 19. Consideration of nomination to appoint Paula Waddle as Municipal Judge to fill the unexpired term of Judge J. A. Gonzalez. Mayor Jones called for comments from the Council on these items. In regard to item 2, Council Member Charles Kennedy asked if the lighting for the tennis courts would be paid for from 1977 bonds and if the Calallen Independent School District would be responsible for the electric bill; and Assistant City Manager James K. Lontos stated that this was correct. Further discussion followed in regard to the hours the courts would be open to the public, and Mr. Lontos stated that the specific hours are not a part of the agreement with the School District but an agreement could be worked out between the School District and the Park Department. He also stated that the courts would be open to the public on Saturday, Sunday and after school hours. Council Member Kennedy inquired if any other schools had similar agreements with the City, and Mr. Lontos stated that this was the first one. He further explained that when the bonds were approved for the lighting of tennis 'courts at high schools, no specific schools were listed. City Manager Edward Martin pointed out to the Council that this item also included Parker Park. In regard to item 3, Council Member Kennedy stated that the City would be required to investigate the property at the Allison Plant Site to determine if there are buried artifacts, which will cause a delay, thus subjecting the City to fines. City Manager Martin reminded the Council that they had instructed the staff to proceed with whatever steps are necessary to implement the Allison Treatment Plant Project. In regard to item 6, Council Member Hawkins inquired if the Museum of Oriental Cultures is a part of the Arts Budget, and Assistant City Manager Bill Hennings stated that this is a separate budget and that last year an allocation. was made from the Arts Budget on the recommendation of the Municipal Arts Commission. Mayor Jones inquired if this item was a confirmation of what was already roved in the 1982-83 Budget, and Mr. Hennings replied in the affirmative. lutes .egular Council Meeting September 29, 1982 Page 5 - Council Member Hawkins expressed the opinion that -this should be a part of the Museum Budget. Mayor Jones explained the founding of the Museum of Oriental Cultures (formerly the Japanese Art Museum) and stated that it has a value to the community; it is used frequently by students; and he also hoped that in the future this could be combined with the Museum Budget. Addressing item 9, Mayor Pro Tem Turner asked if the City's computer system is compatible with CCSU's or the County's system, and City Manager Martin replied that it is compatible with any significant computer. He informed the Council that the County Tax Office delivers direct input to the City; i.e., they do not send the City printouts but the information is on tapes and that these tapes could be reused even though some of the information must be stored permanently. Mayor Pro Tem Turner pointed out that the City could effect a cost savings if the purchase of computer supplies was coordinated with the County, and Mr. Martin stated that this could be investigated. In reference to item 12, Mrs. Turner questioned the amount of pavement marking paint and inquired if all of this would be used this year, and City Manager Martin stated that this is not an unusual amount. She also questioned the purchase of 36,000 lbs. of glass spheres and after it was determined that this was the correct amount, Assistant City Manager Lontos explained that these spheres are used in the pavement marking paint to enhance the visibility of the markings at night. In regard to item 8, Council Member Cliff Zarsky asked if 14,500 ft. was an unusual depth, and Assistant City Manager BiII Hennings stated that this was deep, but there have been other wells drilled to this depth which have caused no problems. Council Member Zarsky also inquired if the extruded sign blades and sign blanks would be used for replacements and new signs and Mr. Lontos stated this was correct. - Regarding item 16, Mayor Pro Tem Turner inquired about the purchase of 1,095 pairs of safety toe boots, and City Manager Martin explained exactly what a supply agreement was and that these are sold through payroll deduction, which in his opinion, should be paid for by the City. In reference to item 19, Mayor Jones stated that he is submitting the name of Paula Waddle as Municipal Court Judge and that this is the Mayor's appointment and needs to be confirmed by the Council. Minutes Regular Council Meeting September 29, 1982 Page 6 A motion was made by Council Member Dumphy to accept the appointment of Paula Waddle as Municipal Court Judge to replace Judge J. A. Gonzalez; seconded by Mayor Pro Tem Turner; and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Kennedy voting "aye"; Zarsky voting "no". Mayor Jones asked if there were any comments from the audience on the motions and there was no response. A motion was made by Mayor Pro Tem Turner that the foregoing items 1 thru 19 be approved; seconded by Council Member Hawkins and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Kennedy voting "aye"; Zarsky voting "aye" on all items except item 19 on which he voted "no". * * * * * * * * * * * * * Council Member Jack Dumphy stated that the Chairman of the Offsite Utility Commission, Mr. Gene Urban, was present to speak on the third reading, of the Water Main Extension Policy. Mr. Gene Urban stated that the proposed passage of this amendment to the Platting Ordinance has caused some unanticipated problems. He stated that he did not participate in the discussions because his clients are involved. Mr. Urban explained the City staff's recommendation and the Committee's recommen- dation, summarizing by stating that the staff wanted to collect from the developers who did not pay their full share for the water lines, but did not want to reimburse the developers who had paid more than their full share for the line. Assistant City Manager Lontos stated that the annexation contracts that were signed include a provision which states the developer must comply with the platting ordinance. He pointed out that the contracts do' not state whether that is the platting ordinance in effect at the time the contract is signed or the platting ordinance and any future amendments. He stated that the staff is enforcing the platting ordinance and if the requirement is waived then the contract needs to be amended. Mr. Lontos displayed a transparency showing the area and subdivisions in question and stated that before the utility policy was adopted there was no policy at all. He pointed out that the developer of Club Estates paid for a 12" waterline on Everhart; the developers of Creekway and Buckingham Estates had extend that waterline the length of Everhart and' down Yorktown Boulevard taples; and the developers of Breckenridge and Sugar Ridge Subdivisions mutes, „ lula`r Council Meeting ptember 29, 1982 Page 7 did not have to pay because the line was already installed; therefore, these developers should be required to pay their share of the waterline. Mr. Urban stated that Breckenridge and Sugar Ridge belong to the same developer and that it would not be fair to charge one developer who did not pay for the line and not to refund the other developer who overpaid. He stated that the total expenses for Sugar Ridge would be approximately $12,000, which would involve payments of less than $300 per acre, and the Committee felt that it would be best not to refund those who had overpaid and not charge those who had underpaid and start with a new policy. Council Member Dumphy stated that all the subdivisions were under annexation contracts; all the requirements were put into the contracts; and that decisions were made by businessmen based on the figures in the contract. He continued by stating that the ordinance should have stated that those presently under contract will not be included. Mayor Jones asked Mr. Lontos why the staff felt the Committee's decision was wrong and Mr. Lontos stated that a contract is a legal document and it should be amended or not be amended; the contract has a provision in it relating to compliance with the platting ordinance; and that some subdivisions will not be paying their fair share. Council Member Zarsky stated that only three subdivisions will be affected because in the future the annexation contracts will apply to the current platting ordinance. He stated that it would be more fair and reasonable to keep the annexation contracts in effect because the Council "changed the rules in the middle of the game." A motion was made by Mayor Pro Tem Turner; seconded by Council Member Dumphy and passed unanimously that the Offsite Utility Committee's recommendation pertaining to the Water Main Extension Policy as an amendment to the Platting Ordinance be upheld. * * * * * * * * * * * * * Mayor Jones called for actions of the City Council ' by ordinance and inquired if the Council had any questions on the new ordinances. In reference to the lease with Southwest Airlines, the Mayor inquired what impact this would have in relation to the bankruptcy filed by Braniff Airlines and if there were certain legalities involved because of this. Minutes Regular Council Meeting September 29, 1982 Page 8 City Manager Martin explained to the Council what would happen if Braniff Airlines wanted their counter space back and stated that the lease agreement with Southwest Airlines does contain a protection clause. Mayor Pro Tem Turner asked if the ordinance authorizing a contract with Charlie L. Bellah for a new ramp to the barge dock would be on three readings. She also stated that this will need input from Mr. Zion and the Art Museum, and Mr. Lontos stated that Mr. Bellah will cooperate fully with Mr. Zion and the Art Museum. Council Member Kennedy questioned the contract amount, and Mr. Lontos explained that the contract will be in phases; each phase has a percentage to be charged and stated that the fee will be adjusted. Mrs. Turner asked what the first phase would consist of, and Mr. Lontos replied that it would be preliminary testing, which was what the Council had requested. Mayor Jones asked to see a map of the Spohn Hospital Area Street Improvements, and Mr. Lontos pointed out the parcel of land to be acquired from Mr. and Mrs. Fausto Zarria. • t Mayor Jones asked if the City was in a position of buying this property before approving the assessment roll or letting the construction contract, and Mr. Lontos replied that the recommendation for award of the contract would be forthcoming and the City will need this property either now or later. Mayor Jones stated that this action assumes that the assessment roll will be approved and that further discussion is needed on this because there seem to be many objections to the assessments and action on this should be delayed until the assessment roll is approved. Mr. Lontos stated that there is no problem waiting on this. There were no comments from the audience on the new ordinances. Mayor Jones called for comments from the Council on the second and third reading ordinances. There were no comments from the Council or the audience on these ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: SECOND READING: AUTHORIZING A LEASE AGREEMENT WITH UTEX, INC., DBA BUSINESS DATA CONCEPTS, INC., FOR PROPERTY AT 613 S. SHORELINE. 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." Utes gular Council Meeting September 29, 1982 Page 9 SECOND READING: AMENDING THE CODE OF ORDINANCES TO ESTABLISH A PERMANENT ART TRUST FUND; AND PROVIDING AN INITIAL APPROPRIATION OF $25,000. 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: AUTHORIZING A THREE YEAR AGREEMENT WITH BENNETT CONCESSION OF CORPUS CHRISTI FOR CONCESSION RIGHTS AT THE SOFTBALL COMPLEX AT BILL WITT PARK FOR 27 PERCENT OF THE GROSS SALES. 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: AMENDING THE CODE OF ORDINANCES, CHAPTER 35, BAY DRILLING ART- ICLE 111, SECTION 35-340, BY ADDING A PROVISION TO REQUIRE THE BAY FLOOR TO BE SWEPT UPON REMOVAL OF WELL SURFACE STRUCTURES. 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." ORDINANCE NO. 17273: AUTHORIZING AN AGREEMENT WITH SOUTHWEST AIRLINES COMPANY FOR RENTAL OF OPERATION FACILITIES AT CORPUS CHRISTI INTERNATIONAL AIRPORT; 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. 17274: AUTHORIZING THE EXECUTION OF A CONTRACT WITH CHARLIE L. BELLAH FOR DESIGN PLANS AND SPECIFICATIONS FOR A NEW RAMP ON THE BARGE DOCK; APPROPRIATING $16,000 FOR SAID CONTRACT; 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. 17275: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 1, 2, 4, 6, AND 8 FOR THE FIVE POINTS AREA DRAINAGE OUTFALL PROJECT; APPROPRIATING $42,271; 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 29, 1982 Page 10 ORDINANCE NO. 17276: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 3 FOR THE SPOHN HOSPITAL AREA STREET IMPROVEMENTS; APPROPRIATING $750; 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. 17277: AUTHORIZING AN AGREEMENT WITH PENDARIS CORPORATION TO PROVIDE FOR CITY PARTICIPATION IN CONSTRUCTION OF OVERSIZED SANITARY SEWER LINES; APPROPRIATING $15,171.72 FOR SAID PARTICIPATION; 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. 17278: AMENDING SECTION 53-250, SCHEDULE 1, ONE-WAY STREETS AND ALLEYS. 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." ORDINANCE NO. 17279: AMENDING THE PLATTING ORDINANCE, ORDINANCE NO. 4168, AS AMENDED, SECTION V -B (5), THE WATER MAIN EXTENSION POLICY, PROVIDING IN SUBSECTION 5(i) FOR THE EXCLUSION OF WATER POLICY LOT/ACREAGE FEE REQUIREMENTS TO INDEPENDENT WATER DISTRICTS AND PREVIOUSLY PLATTED PROPERTY FOR WHICH THE LOT/ACREAGE FEE HAS ALREADY BEEN PAID AND PROVIDING FOR THE EXCLUSION OF LOT/ACREAGE FEES FOR SUBDIVISIONS OR TRACTS CONTRACTUALLY ANNEXED PRIOR TO JUNE 23, 1982. 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 three zoning applications. Assistant City Manager Tom Utter announced the public hearing on Appli- cation No. 882-15, Mr. R. P. Cano, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 9, Block 21, Nueces Bay Heights Extension located on the north side of Martin Luther King Drive approximately 50' west of Floral Street. Mr. Utter informed the Council that 21 notices of the public hearing had been mailed; and 3 in favor and none in opposition had been returned. He also stated that the Planning Commission recommends approval and the Planning Staff recommends denial. Mr. Larry Wenger, Director of Planning, located the area on the zoning =nd land use map, described the land use in the surrounding area, and showed lutes .gular Council Meeting September 29, 1982 Page 11 slides of the area. Mr. Wenger stated that the staff's concern was that if this property is zoned for business, people would be cutting across the access road to get to the property which would cause a traffic hazard. Council Member Kennedy asked what the applicant was planning to do with the property, and Mr. Wenger stated that nothing specific has been planned. Council Member Kennedy also inquired if some type of extender could be placed on the access ramp to make it impossible to cut across the ramp, and Mr. Wenger stated that that would cause more problems in that it would extend to the next lot which is zoned 93-1" and the State Highway Department has certain standards that must be met. Mayor Jones called on the applicant to speak. Mr. R. P. Cano, 3006 Martin Luther King Drive, stated that the present zoning of "R -1B" is not suitable for this property; the lots to the west of his property are zoned "13-1"; the lot to the east and behind his lot have apart- ments located there; and this lot is the only one zoned "R -1B" on this block. Speaking in favor of the application was Mr. Leo Luna who stated that he did not know who owned the property on the corner, but the apartments are deteriorating and that the surrounding neighbors are not opposed to this change in zoning. Mr. Jim Houston, 330 Dolphin, stated that he owned the property on the corner and denied that it was deteriorating. He stated that Mr. Cano's property has no value being zoned residential and that this change of zoning would affect his property and he would like to have the same zoning. Mayor Jones informed Mr. Houston that he could apply for rezoning at any time. 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 Council Member Kennedy to approve the zoning of "5-1" for Application No. 882-15; seconded by Council Member Dumphy. Mayor Jones stated he was against the rezoning because the sole purpose was to increase the value of the property. Mayor Pro Tem Turner stated that the land use map does not properly reflect the zoning in the neighborhood and several businesses surround the property. Minutes Regular Council Meeting September 29, 1982 Page 12 Council Member Gulley stated that he sees nothing wrong with the zoning change because the abutting property is zoned for business. Council Member Hawkins stated that he is in favor of Dr. Kennedy's motion because the zoning of "R -1B" for this lot is not proper. No one else spoke in regard to this zoning application and the motion passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye"; Jones voting "no". * * * * * * * * * * * * * Mr. Utter announced the public hearing on Application No. 882-17, Mr. and Mrs. Guy D. Winstead, for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lot 20 and 21, Block 6, • Koolside Subdivision located on the west side of Airline Road approximately 288' south of Gollihar Road. Mr. Utter stated that 24 notices of the public hearing were mailed; 1 in favor and none in opposition were returned and that both the Planning Commission and Planning Staff recommend approval. Mayor Jones inquired if anyone would like to speak on this application and there was no response. A motion was made by Mayor Pro Tem Turner that the hearing be closed; seconded by Council Member Hawkins; and passed unanimously. A motion was made by Mayor Pro Tem Turner that the zoning of "B-1" be approved for Application No. 882-17; seconded by Council Member Dumphy and passed unanimously. * * * * * * * * * * * * * Mr. Utter announced the public hearing on Application No. 882-20, Shawn Meryn, Inc., for change of zoning from "A-1" Apartment House District to "A-2" Apartment House District on Lots 1-3, Block 1, Ocean View Subdivision located at the southwest corner of Morgan Avenue and Ocean Drive. Mr. Utter informed the Council that 8 notices of the public hearing were mailed; 2 in favor and none in opposition were returned and both the Planning Commission and Planning Staff recommend approval. There were no comments on this application. A motion was made by Council Member Dunphy that the hearing be closed; seconded by Council Member Hawkins; and passed unanimously. lutes .:gular Council Meeting September 29, 1982 Page 13 A motion was made by Council Member Dumphy that the zoning of "A-2" on Application No. 882-20 be approved; seconded by Council Member Gulley and passed unanimously. City Secretary Read polled the Council for their vote on the ordinances effectuating the zoning changes and the following were approved: ORDINANCE NO. 17280: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF R. P. CANO BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 9, BLOCK 21, NUECES BAY HEIGHTS EXTENSION FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye"; Jones voting "no". ORDINANCE NO. 17281: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MR. AND MRS. GUY D. WINSTEAD BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 20 AND 21, BLOCK 6, KOOLSIDE SUBDIVISION FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; 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, 17282: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SHAWN MERYN, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 1, 2, AND 3, BLOCK 1, OCEAN VIEW SUBDIVISION FROM "A-1" APARTMENT HOUSE DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT; 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". ************* Mayor Jones inquired if there were any pending items, and City Manager Martin stated that the estimated cost of relocating the Ben Grande House would be between $5,000 and $7,000. He also updated the Council on the Volunteer Program and stated that it is progressing very well. Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Juan Gussoni, 1933 Melissa Lane, requested funding from the City to bring an art exhibition comprised of 89 paintings and sculptures by artists of Spain to the Auditorium of the Convention Center. He stated funding would be needed to provide security and handling of the exhibit. He informed the Council that if the funding is approved, the exhibit could be shown starting on October 12, 1982. Minutes Regular Council Meeting September 29, 1982 Page 14 Mrs. Phyllis Burson, 3102 Santa Fe, stated that she has worked with Mr. Gussoni on this project; they have found space in the Auditorium of the 'Convention Center to display this exhibit; and that many people would benefit culturally from this. Mayor Jones asked where the funding for this exhibit could be obtained, and City Manager Martin stated that $44,000 to $50,000 was approved in the Budget for the Arts and the money could be obtained from the General Fund or the City could approach the Tourist Bureau for assistance. Mayor Jones asked how long the exhibit would be in Corpus Christi and Mr. Gussoni stated it would be from two weeks to one month. He also stated that the City would not be required to obtain liability insurance. A motion was made by Council Member Dumphy; seconded by Mayor Pro Tem Turner; and passed unanimously to approve the funding up to $5,000 to obtain the art exhibit from Spain. Council Member Kennedy expressed his appreciation to Mrs. Burson for her efforts in bringing this exhibit to Corpus Christi. Mr. Hank Snyder, 3632 Ocean Drive, expressed his gratitude to the City Council for adopting the Bayfront Development Plan and urged the City not to stall on this project because of parking problems. Mr. Hal Wasson made a few brief comments and photographed the Council. There being no further business to come before the Council, on motion by Council Member Dumphy; seconded by Mayor Pro Tem Turner; and passed unanimously, the Regular Council Meeting was adjourned at 4:50 p.m., September 29, 1982. 4 I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of August 4, 1982, through August 25, 1982, inclusive, and having been previously approved by Council action, are by me hereby approved as itemized. August 4, 1982 - Regular Council Meeting August 4, 1982 - Special Council Meeting August 11, 1982 - Special Council Meeting August 18, 1982 - Regular Council Meeting August 18, 1982 - Special Council Meeting August 25, 1982 - Regular Council Meeting