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HomeMy WebLinkAboutMinutes City Council - 10/06/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 6, 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 the Reverend Raul Salazar of the Kelsey Memorial United Methodist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Herbert Hawkins. 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. Mayor Jones noted the issuance of the following proclamations: "4-H WEEK" - October 3-9, 1982 and "HEAD START MONTH" - October, 1982. A motion was made by Mayor Pro Tem Betty Turner that the Minutes of the Regular Council Meeting of September 29, 1982 be approved as presented; seconded by Council Member Cliff Zarsky; and passed unanimously. ********** Mayor Jones announced the bid opening on the following engineering project: Water distribution system for the H.E.B. Park area. 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, Broadmoore Park and Baldwin Park Subdivisions. The change 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 established policy, a minimal assessment, if legal, will be recommended prior to contract award. IMMURED SSP 191984 minutes iular Council Meeting ober 6, 1982 '-rage 2 Prior to opening the bids, Mr. James K. Lontos, P.E., Assistant City Manager, informed the Council that the policy of assessments for house service lines for water distribution has not been completed, but a recommendation will be forthcoming. He then opened bids from the following companies: Austin Enginnering; Backhoe Lease Service, Inc.; Claude Chapman Construction Company; Delta Utilities; Heldenfels Brothers; Isles Construction Company; J & B Builders dba South Texas Utility Contractors; and Vermillion Construction Company. Four of the contractors listed submitted bids for Area A, Area B and the combined Areas A & B. Mr. Lontos stated that all of the contractors had submitted the required bid security bond with their bids. Mayor Jones expressed appreciation to the contractors for submitting bids on this project and stated that the bids will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. ********** . Mayor Jones called for Board and Committee appointments and briefly reviewed those considered during the morning Workshop Meeting. A motion was made by Mayor Pro Tem Turner that the following appointments be confirmed; seconded by Council Member Bob Gulley; and passed unanimously: MUSEUM ADVISORY BOARD: TERM: Mrs. Jacquelyn Connoly (City) - Reappointment Mrs. Susan Marshall (School) - Reappointment Mrs. John Kennedy, Jr. (Friends of the Museum) Mr. W. S. Fitzpatrick (Museum Advisory Board) SENIOR COMMUNITY SERVICES ADVISORY BOARD: Mrs. Rosa Garza MECHANICAL ADVISORY BOARD: Mr. Joe Owmby MUNICIPAL ARTS COMMISSION: Mr. Dan Butt (Reappointment) Mrs. Dorothy Bateman (Reappointment) Dr. William G. Patterson Mrs. Annette Klein Mr. Lloyd Neal 9-01-85 9-01-85 9-01-84 9-01-85 12-26-83 1-02-83 9-01-85 9-01-85 9-01-85 9-01-85 9-01-85 'mutes ular Council Meeting .ober 6, 1982 Page 3 ********** Mayor Jones noted the large number of people in attendance and suggested that the Council conduct the public hearing on the Flour Bluff Development Plan. City Manager Ed Martin explained the purpose of the plan and referred to the issue pertaining to buildings in nonconforming use, stating that there will be a fifteen -year moratorium for existing buildings to be retained as nonconforming use if the zoning on the property is changed. Assistant City Manager Tom Utter provided a history of the development of the plan and its relationship to the effort to protect the Naval Air Station from encroachment. He informed the Council that the plan has been developed with the assistance of the Planning Commission; the proposed plan will take care of this area up until the year 2,000; the plan takes into consideration the information contained in the AICUZ Study but does not incorporate all of the recommendations included in that study. Mr. Utter explained that the proposed development plan provides for some zoning to be changed upward and some downward, but -he pointed out that the particular zoning changes are not necessarily before the Council at this time because the actual rezoning will require the usual public hearings and notifications and they will be addressed at a later date. Mr. Utter continued his explanation by stating that various groups were involved in the discussion of the development plan; there have been numerous articles in the Corpus Christi Caller -Times and the Flour Bluff Sun; and various civic groups have allowed the Staff to present the plan during their meetings; therefore,, he stated that they felt that they have made every effort to explain the plan to all of the people in Flour Bluff who were interested. He also stated that the plan 'has been discussed with the Navy and they are in concurrence with it. He noted that there has been some concern about the possibility of changingzoning on property on which the existing use would become a nonconforming use; therefore, the Staff plans to include a grandfather clause in the plan by apprcving a text amendment to allow rebuilding of nonconforming use buildings for approximately fifteen years. Mr. Utter i concluded his remarks by stating that the Staff feels that most of the property owners in Flour Bluff have accepted the plan. / nutes Aar Council Meeting iber 6, 1982 rage 4 Mr. Gary Dumas, Senior Planner, also made a presentation in regard to the development program for Flour Bluff and related the history of the development of the plan, which he stated is a compromise between the zoning the property owners wish to have to develop their property anyway they want to and the Naval Air Station's efforts to protect their facility. He reiterated that the plan is a compromise; it will provide a safety factor for citizens in the area of the Naval Air Station and will protect the Naval Air Station installation. Mr. Dumas continued by stating that the Navy originally located their facility in this area because the Flour Bluff area was basically farm land and undeveloped, but development of the area occurred to provide housing and necessary businesses in the Flour Bluff area. He reminded the Council that the Navy provided the City with the AICUZ Study which was made to make this City and property owners aware of the area in which development should be limited or restricted to provide safety from aircraft accidents. * Council Member Charles Kennedy arrived at the meeting at 2:35 p.m. Mr. Dumas stated that the development of the plan was based on the following factors:- (1) the AICUZ Study; (2) soil type; (3) traffic exposure factor; (4) storm drainage map; (5) sanitary sewer service; and (6) water service. Mr. Dumas then explained the four general land uses which the plan recommends, noting that the major residential development is recommended in the center of Flour Bluff and showed maps of the areas where primary businesses industrial development are recommended and the area on which the plan recommends no development at all. He explained that the plan will accommodate 35,000 citizens and will satisfy the expected growth of the area for twenty years, however, it could be expanded to accommodate 75,000 residents. He noted that there are three basic types of zoning changes because the current zoning does not have sufficient residential zoning and this can be increased when utility service is available. Mr. Dumas pointed out that if land development is allowed with no consideration of the Naval Air Station, this may force the closing of the Naval Air Station and the Staff feels that the proposed plan is a compromise between the desires of the Navy and the desires of the property owners in Flour Bluff. Mayor Jones asked about the steps that must be taken before the final zoning changes are made. ;flutes ular ular Council Meeting Jber 6, 1982 rage 5 Mr. Utter explained again the status of the buildings that are presently occupied and assured the property owners that they would not be required to move or change the existing use on their property; there would be a fifteen year moratorium; and even after that fifteen year period, the existing use could continue as nonconforming. Mr. Utter then stated that the necessary steps are first, to adopt this comprehensive master plan, following which the Staff will go to the Planning Commisssion with zoning changes that need to be adopted according to the usual zoning procedures. Mayor Jones then called for comments from the audience on the Flour Bluff Development Plan. Captain Jerry Funderburk, Commanding Officer of the Naval Air Station in Corpus Christi, stated that he has no reservations about plan, but he wants to be sure that everyone understands that the present proposed plan is actually a compromise on the part of the Navy as well as the property owners. He pointed out that several people have referred to it as the AICUZ Plan, but this is not true because the AICUZ Study was to provide recommendations for use of the land around •their facility. Captain Funderburk stated that he felt that this compromise plan is good and will satisfy the needs of the Navy as well as most of the property owners in Flour Bluff. He assuared the Council that as long as he is with the Naval Air Station in Corpus Christi, he will make every effort to have funds designated for the purchase of vacant land in the crash zones. He then complimented the City of Corpus Christi for their outstanding efforts to cooperate with the Navy, to protect the Navy, and to protect the citizens. He urged that the plan be adopted. Mr. John Zwernemann, 3513 Waldron Road, stated that his property is directly across from the Waldron landing field and that he represents five property owners along that street. He informed the Council that the original plan suggested that their property be zoned industrial. He explained that later they met with the City's Planning Commission and asked that their property be changed from industrial to "F -R"; the Planning Commission agreed with that request; and it was their understanding that the Planning Commission approved the complete plan with this change. Mr. Stan Stanford, 825 McDonald, stated that he owns the Flour Bluff Mobile Home Park and he was of the opinion that the proposed plan is designed to eliminate mobile homes in Flour Bluff. He questioned what kind of industry rtes ular Council Meeting __Lober 6, 1982 Page 6 could be placed on 50 -foot Tots. Mr. Dumas assured Mr. Stanford that the Staff does not anticipate any change at this time, but after fifteen years, the mobile homes will not be allowed to be replaced if they are destroyed after that time. Mr. Stanford expressed the opinion that they are faced with the problem of devaluation of their property because the property owners located in an area proposed for zoning changes are apprehensive about the possibility of change. Mr. Phil Bonilla, Real Estate Agent, stated that he owns some property on Jester and he concurs that property devaluation is of primary concern to him also. He noted that he has rent houses in the area and they would become valueless if an industry is located directly behind them. Mayor Jones assured the property owners that the plan does not contemplate anyone having to move their facilities. He stated that this is a long range transition plan to change the zoning from residential to business or industrial, primarily to protect the Naval Air Station. He assured them that this does not mean that there is any immediate change planned and there should be no devaluation of property because of proposed zoning changes. Mayor Pro Tem Turner asked about resale in relation to the future zoning and inquired as to how future home buyers will know whether or not the homes they are purchasing are actually in an industrial area. Mr. Dumas explained that this information will be shown on the zoning map and anyone who is interested in purchasing property can ascertain from the maps what the future zoning will be. • Mr. Ralph Coglianese, Planner II, stated that most builders and real estate agents are aware of zoning and keep accurate records of what the zoning is on property listed with them. Mr. Frank Stevens, 1733 Caribbean, stated part of his property is affected by the clear zone as established by the Navy. He stated that he has lived there for ten years with no problems with the Navy; his concern with the plan is that no policy other than public ownership has been stated by the Staff when discussing the clear zone; and no exact position has been stated of uses permitted in the clear zone if it is purchased. He indicated that he hoped that the Council would adopt a very flexible approach in acquiring land in the clear zone. wnutes Aar Council Meeting ,ber 6, 1982 r .ge 7 Mr. Utter pointed out that in the clear zone, the Staff is discussing prohibiting development but not necessarily purchasing land. He stated that the City hopes to purchase developmental rights but they could continue to allow cattle to graze on the "F -R" property in the clear zone. Mr. Virgil Howard, Attorney representing Mr. and Mrs. Floyd Danhauer, stated that they own vacant property in the 3700 block of Waldron Road which is planned to be rezoned industrial. He stated that his clients prefer that their property be zoned "F -R" instead of industrial as mentioned by Mr. Zwernemann. Mr. Utter stated that he would guarantee Mr. Howard and Mr. Zwernemann that their property will be zoned "F -R" as requested. Mr. Willie Lenox of Happy Homes, stated that four months ago he purchased property in the Naval Air Station area. He stated that he is in favor of the development plan because he wants the Navy to remain here. Mr. J. P. Kelley, 641 Webb Street, stated that he has lived in Flour Bluff since 1943 and questioned the flights that go over his house even though he is some distance from the flight pattern. He expressed the opinion that Navy personnel are rather careless about the route that they fly. Mr. Farrell D. Smith stated that he is speaking in regard to 240 acres of land that his family owns which will be affected by the Flour Bluff Development Plan. He stated that he is very loyal to the Navy but the land was in his family long before the Navy was located there. He stated that his complaint is that the APZ2 zone covers about twenty acres of his 240 -acre tract, yet approximatly eighty acres are scheduled to be placed in a zoning classification that will prohibit development for residences. He questioned why the additional sixty acres should be rezoned when it is not in the APZ2 zoning. He stated that the proposed zoning is rural estate of one acre lots and he feels that this is too restrictive. Mr. Dumas explained that this property is now zoned "F -R" and the recommended zoning is rural estates. Mrs. Marie Spear of the Flour Bluff Business Association, stated that she is very much in favor of the plan because they think it will help Flour Bluff develop in an orderly fashion and still protect the Navy facilities. Mr. Bob O'Neal stated that he owns property on NAS Drive that is in the blue zone but he does not know what the plan is for that land. "nutes pular Council Meeting cober 6, 1982 Page 8 Mr. Utter stated that he is under the impression that that piece of property is in the clear zone and the City may purchase vacant property in the clear zone, but no attempt will be made to purchase property that is in use. He explained to Mr O'Neal that the City would like to purchase development rights rather than the property itself and the purchase of property will be staged over the next four years. Mayor Jones also explained that the City does not plan to make anyone move any buildings from their property, but if there is vacant property, they would consider purchasing the development rights. Mr. Utter also assured him that when zoning changes are pursued, it will be through the usual zoning procedure and each property owner will have an opportunity to speak in regard to the zoning change during the public hearing. Mrs. Donna Shirley, 3134 Catcay, representing Flour Bluff Civic Association, stated that they are very much in favor of the program. She explained that in her opinion, the Staff has done an outstanding job of working out the best possible plan that benefits the property owners and the Naval Air Station. -- Mr. Joe Hansler stated that he has an interest in several pieces of property but his primary interest is one piece of property that is in the clear zone near Waldron Field. He stated that his single concern about the plan is that it should automatically stop if the Navy should move from Corpus Christi. He suggested that a clause be included in the plan that would tie it strictly to the fact that the Navy is in the area, otherwise, any development could occur. Mayor Jones pointed out that if planes discontinue flying, the City is going to have more problems than they know what to do with and he hopes that the Navy can stay here forever. He agreed, however, that if such an event should occur, the City could go back to plan the development again. Council Member Kennedy pointed out that if the City owns the property outright at the time the Navy base is no longer in existence, the City could sell it, but if the City only purchased development rights, it would be easier for the property to revert back to the original owners for development. Mr. Jim Goodwin, 3605 Waldron, expressed appreciation for the plan but also stated that he is concerned about the high density area south of his property since he understands that this would be zoned for apartments. "-lutes ular Council Meeting _ober 6, 1982 Page 9 Mr. Utter stated that the particular property referred to is shown on the plan as industrial but it is no longer that way. He stated that it is now recommended for multi -family zoning but that he would be glad to discuss this with the property owners because the Staff is not that concerned about that particular zoning. Mr. Coglianese stated that if the zoning of "F -R" is approved as requested by several property owners rather than the recommended "1-2" zoning, the Staff would recommend some zoning other than apartment zoning -- they just want to protect the residential area beyond that. No one else spoke in regard to the Flour Bluff Development Plan. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Mayor Pro Tem Turner to approve the Flour Bluff Development Plan devised by the Staff; seconded by Council Member Zarsky; and passed unanimously. Mayor Pro Tem Turner stated that Mr. Coglianese and Mr. Dumas should be highly complimented for all of their efforts in providing the compromise plan. ********** Mayor Jones called for actions of the City Council by motion on the following items: 1. Accepting the Kentner Street Improvements and authorizing final payment to King Construction Company of $12,302.75 for a total of $33,533.70. The project was funded with 1977 bond funds and provided for reconstruction, curb and gutter, and 4 foot sidewalks on Kentner Street from Palmetto Street to Claremore Street. 2. The Swantner Park Improvements be accepted and final payment to King Construction Company of $5,321.68 be made for a total of $112,076.85. The project was funded with 1977 Park Bond funds and provided for an access road, a 50 -space parking lot at the north end of the park, a 15 -space parking lot at the south end of the park, two fish cleaning facilities, a bicycle path, water lines and minor repair work. Some of the items in this contract were Hurricane Allen repair items. * 3. The Corpus CHristi Beach North End Parking Lot project be accepted and final payment of $12,754.53 be authorized to Heldenfels Brothers, Inc., for a total of $66,258.85. The project was authorized in the 1977 bond election. * 4. An agricultural water use agreement with Mr. Arturo Bayarena be approved in conjunction with a 3 -year lease for grazing purposes on the Greenway Water Line Easement near Hearn Rod and Magee Lane. * These items were withdrawn for discussion. ites ,ular Council Meeting Uctober 6, 1982 Page 10 5. Bids be received October 26, 1982 for twelve months supply agreement for 61 items of janitoral supply items including paper supplies, cleaners, disinfectants, hand soap, cans and buckets, garbage can liners, brooms and mops, to be stocked by the Warehouse to be used by all Divisions. Estimated value is $92,000. * 6. Bids be received November 2, 1982 for 45 pistols for the Police Department, including 30 patrol and 15 detective models. * 7. A twelve months supply agreement for pipe repair clams, saddles, and steel couplings; including approximately 1864 full circle clams, 30 steel pipe repair clamps, 100 saddles, 1,300 steel couplings and 30 PVC repair clamps for the Gas and Water Divisions be approved based on low bid as follows: Trans -Tex Supply, San Antonio Full circle clamps and steel couplings $90,113.79 McAllen Pipe 6 Supply, Corpus Christi 1" - 2" repair clamps 184.60 Clow Corporation 2" Bronze saddles and 2" - 4" repair claims 1,171.58 Grand Total - $91 ,469.97 Thirteen bid invitations were issued and eight bids were received. Prices increased from 5% to 9% on the full circle clamps and 5% on the repair clamps and did not increase on the bronze saddles. It is further recommended that the three bids received on 2" - 16" bronze saddles be rejected because the prices reflect a 42% increase over last year's bid. It is recommended that bids be again received on November 2, 1982. Two additional manufacturers of the saddles have been located. 8. Twelve months supply agreement for 84 drill bits and taps and 16 flaring tools to be used by the Water Division be approved based on the only bid: Trans -Tex Supply Company, San Antonio $ 5,920.05 Only one bid was received because the specifications required Mueller tools to be compatible with the Mueller tapping machines used by the Water Division. * 9. Twelve months supply agreement for 860 automotive and 284 commercial batteries for Maintenance Services, Fire and Transit be awarded on the basis of low bid as follows: Interstate Battery of Corpus Christi, Corpus Christi, Texas Automotive Batteries Energy Battery, Corpus Christi, Texas Commercial Batteries $26,401.45 $16,091.97 Grand Total - $42,493.42 Thirteen bid invitations were issued and six bids were received. Prices have decreased approximately 27% since the previous contract of September 1, 1981. The decrease is due to the decrease in lead prices. * These items were withdrawn for discussion Minutes iular Council Meeting ober 6, 1982 age 11 10. Biomedical telemetry be purchased for A.I.D. Ambulance as follows: Motorola, San Antonio Portable life support system Triplex mobile repeater Accessories for Triplex unit $ 6,525.00 6,406.00 1,700.00 $14,631.00 Physio Controls, Arlington ECG Strip Chart Unit $ 2,479.50 Defibrillator 3,377.25 AC Powered Charger Unit 650.75 $ 6,507.50 Grand Total - $21,138.60 The unit will be a spare one. Motorola and Physio Controls have agreed to sell the telemetry equipment to the City for the same piece as a unit purchased from them last spring. A motion was made by Council Member Gulley that items 1, 2, 5, 8 and 10 be approved; seconded by Council Member Dumphy; and passed unanimously. ********** Mayor Jones called for discussion of the items withdrawn from the consent portion of the agenda. Council Member Zarsky referred to item 3 on the Corpus Christi Beach North End Parking Lot and inquired if the plan is still in effect for the other parking areas on Corpus Christi Beach. He stated that there were several other parking lots tentatively planned. City Manager Martin stated that it is his understanding that this is just for the one parking lot at the north end of the beach; the bayfront plan indicates that the City should have several other public parking areas; and Assistant City Manager Lontos explained that the parking lot on the south end is under construction in conjunction with another project. Mr. Lontos also stated that they plan a parking lot somewhere in the center of the beach where the old Paradise Pier was formerly located. He explained that easements were obtained by the City to provide access for the Corps of Engineers to get vehicles to the beach and •at the time easements were granted, they limited the amount of parking that could be constructed on three streets. Council Member Zarsky stated that he had been approached by representatives of the League of Women Voters and they are under the impression that parking lots along the beach were at one time to be provided. Minutes iular Council Meeting Aber 6, 1982 je 12 Mr. Utter assured him that parking lots will be constructed but the old plan shows a different shape of parking lot than that which can be constructed since the easements have been granted for the Corps of Engineers. Mr. Lontos also pointed out that there are no plans for other parking lots until the need is evident. Mayor Jones referred to item 6 and asked about the difference between patrol model pistols and detective model, and City Manager Martin stated that it is the length of the barrel of the gun. In regard to item 7 pertaining to the equipment to be purchased for the Gas and Water Division, Council Member inquired about the price increase of 42% on bronze saddles. He inquired if there are any more large increases in purchasing items. City Manager Martin explained that the Staff feels that this is an unusual increase since some items being bid are at decreased or less inflationary prices, and that is the reason why the Staff recommends going out for bids again. Council Member Zarsky inquired about the guarantee for batteries as shown in item 9, and City Manager Martin stated that he will find out the answer to that question but he assumed it would be for approximately five years. There being no further discussion on these items, a motion was made by Council Member Dumphy that items 3, 4, 6, 7 and 9 be approved; seconded by Council Member Hawkins; and passed unanimously. ********** Mayor Jones called for consideration of the ordinances, and in particular, the new ordinances. The Mayor then invited comments from the audience on the ordinances. Mrs. Millie Rosetti referred to the ordinance authorizing a 90 -day option to purchase contract for acquisition of the Gaivan Home for relocation in the Bayfront Science Park in' connection with the Multi -Cultural Center Project. Mrs. Rosetti questioned why the French-Galvan House is a necessary expenditure, pointing out that it will be costly to move the house and she questioned its historical value. Mrs. Rosetti stated that she was of the opinion that these funds could be better spent on other improvements for the City. 1 r 'lutes pular Council Meeting sober 6, 1982 Page 13 Mayor Pro Tem Turner explained that the age and style of the house are important because they are rather rare and there is a need to preserve the old homes. City Manager Martin further explained that the Landmark Commission has identified seven houses as to style, architectural value, age of the house, and stated that four of those houses have already been moved and efforts are being made to acquire the other houses to be relocated in the Bayfront Science Park for preservation and visitor interest. Mrs. Rosetti inquired if this would be at taxpayer's expense, and Mayor Jones explained that the taxpayers will pay for part of it, but private groups have paid for the restoration of these homes. Mr. George Paraskevas spoke on behalf of the St. Nicholas Greek Orthodox Church and referred to the festival that they will have on November 5, 6 and 7. He explained that he began efforts to have the City close the streets involved in July and at that time, the Staff did not indicate there would be any problems. He explained that he has just learned that the City will charge a 4% of the gross --receipts fee for the closure of the streets and he requested that this fee be waived since this event is held to raise funds for their church. Mayor Jones pointed out that other groups have paid that fee, but Mr. Paraskevas noted that the church is a religious organization and he did not think that they should have to pay the fee. City Manager Martin explained that the 4% fee was applied because this is the amount Bayfest and the Chili-Cookoff paid for street closings. He explained that the Staff feels that this should apply to all nonprofit groups because the City has a great deal of expense in closing streets, cleaning up, etc. Mr. Paraskevas stated that the church plans to pay the expense to barricade the streets and for cleaning up the area. He explained further that after his original request, their funds were allocated for certain expenses; he was not aware of the requirement for 4% to be paid the City; therefore, they have not budgeted money for this expense. Mayor Pro Tem Turner expressed the opinion that the 4% is justified because it is expensive for the City to close streets. She then inquired if the City traditionally has an agreement with the parties who request street closings. Minutes gular Council Meeting ober 6, 1982 .ge 14 City Secretary Read stated that they do sign an application/permit; but as far as he could recollect, none of the churches who have requested closings have had to pay a percentage in the past. He stated that this was a recent charge that was levied at the request of Bayfest and the Chili-Cookoff sponsors. A motion was made by Council Member Dumphy that the ordinance closing the 400-500 blocks of South Chaparral Streets and the west one-half of the 300 block of Broadway Street be approved with the elimination of the 4$ charge; seconded by Mayor Pro Tem Turner; and passed unanimously. Mr. J. E. O'Brien, 4130 Pompano, referred to the ordinance amending the Code of Ethics to exclude the definition of interest and interest in real estate or improvements whenever the City's acquisition of the property could otherwise only be accomplished through an eminent domain proceeding and expressed opposition to this because it opens up the door for conflict of interests for members of the City Council. He urged that the Council not amend the Code of Ethics ordinance but to consider another way of allowing the gentleman on the Planning Commission to sell the property in question. Council Member Dumphy assured Mr. O'Brien that this was not presented on behalf of the City Council and has nothing whatsoever to do with the Council Members. Assistant City Attorney Bob Coffin explained that Mr. Jay Doegey of the Legal Department prepared this proposed amendment to relieve the untenable position of one of the members of the Planning Commission to allow for the acquisition of a piece of property from that member so as to avoid the proceedings necessary for eminent domain. He stated that he feels that the proposal is very clear cut in its terminology and there should be no question about the reason for the amendment because it is simply to save the City the expense of going through the eminent domain proceedings. City Manager Martin stated that this was suggested to the Council because it is an attempt to do something that can be done more economically for the City. He stated otherwise it would require a condemnation suit and would represent a large expense for the City. Mr. Dumphy reiterated that this did not come from the Council but is from the Legal Department to save the City money. 'nutes gular Council Meeting .:tober 6, 1982 Page 15 Mr. Coffin also pointed out that the City would have to make a finding that the property had to be for a public purpose before this could be in effect. Mayor Jones asked Mr. O'Brien about his reaction .to the reduction in taxes for the property owners. He stated that the Taxpayers Association has always been very concerned about an increase in taxes but there has been no response whatsoever about the City's reduction in taxes. Mr. O'Brien pointed out that this is the first time that the City did not prepare the revaluations of property. Council Member Hawkins referred to the ordinance under discussion and expressed the opinion that the City should conduct a public hearing any time this ordinance is amended so that there will be no reflection on the Council and that there will be no question that something illegal is being done. City Manager Martin pointed out that public notice is given through the posting of the agenda on Friday evening and the media was certainly aware that this was on the agenda. Council Member Hawkins stated that he was .just suggesting that a requirement for public notice be included in the ordinance. Council Member Gulley referred to the ordinance authorizing the lease of the residence on the 0. N. Stevens Water Treatment Plant property and asked why reference is made to selling the house. He reminded the Staff that he objected to the purchase of the property but he was convinced that it was absolutely necessary for the expansion of the 0. N. Stevens Plant and questioned why they would even consider selling it. Mr. Lontos explained that the Staff has no plans to sell the property at all. Council Member Gulley then suggested that a 60 -day cancellation clause be substituted rather than reference made to the sale. City Manager Martin agreed that the clause should specify that a 60 -day cancellation clause be included and the statement made that "if the City needs the property for expansion or for some other use". Council Member Zarsky referred to ordinance "i" pertaining to the acquisition of the Galvan Home and asked about the cost of relocating the building and refurbishing it. He noted that the memorandum covering the subject did not mention the cost but he had read in the paper that it would be about $500,000. 'nutes jular Council Meeting .tober 6, 1982 Page 16 City Manager Martin stated that no figures have been established yet but he had also read that figure in the paper. Mr. Utter stated that that figure was discussed during the Municipal Arts Commission meeting. Mayor Jones then stated that there was a letter to the editor as to why this house was not going to be called the French-Galvan House since a Mr. French originally built the house and lived there for many years. He inquired if this has been investigated. City Manager Martin stated that the present owner of the house placed that name in the contract as a condition of the sale. He agreed that the French family built the house and lived in it until 1941 at which time the Galvan Family purchased it and has lived in it since then. Mr. Alvarez addressed the Council in regard to this and stated that the contract was contingent upon the retention of the name "Galvan" for the house. He explained that he was a real estate agent in the process of selling the house to an architectural firm when Mrs. Patricia G. Prezas stated that she would consider selling -it to the City for location in the Bayfront Science Park in connection with the Multi -Cultural Center Project. City Manager Martin stated that he first rejected the contract because of that condition, but the owners will not sell it unless the family name of "Galvan" is honored. Mr. Alvarez explained that this was a result of the failure of the Committee of 16 to make any recommendation to correct the lack of a Hispanic on the City Council. He explained that this is an important issue to the Hispanics to honor the Mexican -Americans, and the Unity Council wanted to have a Mexican -American house in the Bayfront Plaza; therefore, they insist that the name, Galvan, be so honored. Mayor Pro Tem Turner inquired if the historical marker in front of the house will provide a history of the house, including the family who constructed it. Mr. Alvarez stated that the Galvan Family wants the historical marker to recognize the contribution the Galvan Family has made to this community. City Manager Martin noted that the contract refers to the fact that the Galvan name shall be used in conjunction with any other name with the exception of another surname and their condition is that this should be known "mutes ular Council Meeting _ober 6, 1982 rage 17 as the Galvan House, only, and the sale is contingent upon this. Council Member Gulley pointed out that if the State of Texas installs a historical marker, they will include the true facts and he did not believe that anyone can tell them what wording to place on the marker. Mr. Utter agreed with that remark because the state has the full history of the house and he is sure that they will list the person who built the house. Council Member Zarsky pointed out that the Council has received some criticism from several committee members that they were not consulted in regard to the acquisition of the house. City Manager Martin stated that that is correct, but at this time, they are just talking about a 90 -day option to purchase contract based on all of these problems being worked out. He stated that the City will have to approve the plaque that is placed in front of the house. There were no further comments from the audience on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: FIRST READING: AUTHORIZING A LEASE AGREEMENT WITH WEST CORPUS CHRISTI ROTARY CLUB FOR A FIVE YEAR LEASE OF APPROXIMATELY 2.75 ACRES OF LAND IN NUECES VIEW TRACTS FOR THE PURPOSE OF MAINTAINING A RECREATIONAL AREA FOR BOY SCOUT TROOP ACTIVITIES. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. FIRST READING: AUTHORIZING A LEASE AGREEMENT WITH JOE ROE FOR A TRACT OF LAND AT THE ALLISON WASTEWATER TREATMENT PLANT FOR GRAZING PURPOSES. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. FIRST READING: AUTHORIZING A LEASE AGREEMENT WITH TEJAS BOWMAN ARCHERY ASSOCIATION FOR LEASING OF TRACT A AND TRACT B, NUECES VIEW TRACTS, FOR USE AS AN ARCHERY RANGE; AND CANCELLING ALL EXISTING LEASES WITH TEJAS BOWMAN ARCHERY ASSOCIATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. Minutes -gular Council Meeting tober 6, 1982 .ge 18 FIRST READING: AUTHORIZING A LEASE AGREEMENT WITH MR. AND MRS. SIDNEY W. MOORE FOR 26.93 ACRE TRACT OF LAND AT 12930 HEARN ROAD. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. FIRST READING: AUTHORIZING A LEASE AGREEMENT WITH ARTURO BAYARENA FOR A 3.937 ACRE TRACT OF LAND BETWEEN HEARN ROAD AND MAGEE LANE FOR GRAZING PURPOSES. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. FIRST READING: AMENDING THE PLATTING ORDINANCE, SECTION IV, DESIGN STANDARDS, SUBSECTION F, PARAGRAPH 1(c) EXEMPTING NON-RESIDENTIAL CHURCH USES FROM PARK DEDICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. ORDINANCE NO. 17283: AMENDING ORDINANCE 17107, PASSED AND APPROVED ON JULY 7, 1982, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO ADOPT THE FINAL ASSESSMENT --ROLL AND ASSESSMENT LEVIED AGAINST ABUTTING PROPERTY OWNERS ON KENTNER STREET, FROM PALMETTO STREET TO CLAREMORE STREET, AS HEREIN PROVIDED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. ORDINANCE NO. 17284: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE OPTION TO PURCHASE THE GALVAN HOME: APPROPRIATING $79,500 FOR SAID PURCHASE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. ORDINANCE NO. 17285: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 3 FOR THE FIVE POINTS AREA DRAINAGE OUTFALL PROJECT; APPROPRIATING $900; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. ORDINANCE NO. 17286: CLOSING THE 400-500 BLOCKS OF SOUTH CHAPARRAL STREETS AND THE WEST ONE-HALF OF THE 300 BLOCK OF BROADWAY STREET TO VEHICULAR TRAFFIC FROM NOVEMBER 5, 1982 THROUGH NOVEMBER 8, 1982; AUTHORIZING EXECUTION OF ATTACHED APPLICATION/PERMIT; AND DECLARING AN EMERGENCY. Minutes Jular Council Meeting ober 6, 1982 age 19 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. ORDINANCE NO. 17287: AMENDING ORDINANCE NO. 17112 ENACTING A CODE OF ETHICS TO EXCLUDE FROM THE DEFINITION OF "INTEREST" AN INTEREST IN REAL ESTATE OR IMPROVEMENTS WHEN THE CITY'S ACQUISITION OF THE PROPERTY COULD OTHERWISE ONLY BE ACCOMPLISHED THROUGH AN EMINENT DOMAIN PROCEEDING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. THIRD READING - ORDINANCE NO. 17288: 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 third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. THIRD READING - ORDINANCE NO. 17289: 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 third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy,_absent at the time the vote was taken. THIRD READING - ORDINANCE NO. 17290: 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 third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. THIRD READING - ORDINANCE NO. 17291: AMENDING THE CODE OF ORDINANCES, CHAPTER 35, BAY DRILLING ARTICLE HI, 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 third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. Mrs. Marie Spears invited the Council to attend the Flour Bluff Fair which is to be conducted October 15, 16 and 17. Mrs. Spears mentioned in particular, the parade that will be held on Saturday, October 16, where participants are to meet at the County Building on Padre Island Drive to march northward to Magic Isles. ********** Mayor Jones announced the public hearing on three zoning applications. Minutes ular Council Meeting .)ber 6, 1982 . oge 20 Assistant City Manager Utter announced the public hearing on Application No. 882-9, All American Kiddie Kampus, for change of zoning from "AB" Professional Office District to "B-4" General Business District on Lot 7, Block 1, Carroll Place Unit 7 located on the north side of Holly Road approximately 375' west of Carroll Lane. Mr. Utter stated that the Planning Commission recommends denial but in lieu thereof, that a special permit for mini -storage warehouses be approved, and the Planning Staff recommends denial. He stated that in response to the twenty-seven notices mailed to property owners within the area of notification, one in favor and four in opposition were returned and one in opposition from outside the area. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the vicinity, and informed the Council that the property is presently occupied by a child care center. He stated that the intersections of Kostoryz, Holly and Weber Road are major commercial streets but the other uses along the rest of this area _of Holly are for residences. He stated that the Staff is of the opinion that the current use for a day care center is appropriate zoning and they recommend denial of this request. He stated that the owner plans to tear down the child care center and install mini -storage warehouses which the Staff feels is an inappropriate use and professional office use would be preferable. Council Member Hawkins expressed the opinion that a special permit for mini -warehouses would be appropriate for this lot, noting that there are already storage warehouses in the area. Ms. Linda Hightower, 3516 Holly Road, the applicant, pointed out that there are already businesses on their street; they purchased the property when it was a day care center but it has not been successful; and they feel that they must have some other use for the property. She stated that they plan the construction of 275 to 300 mini -storage units and they plan to start construction about 30 feet from the residential property which is to the rear of their lot. 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 Gulley and passed unanimously. A motion was made by Council Member Gulley that the zoning of "B-4" for Application No. 882-9 be denied but in lieu thereof, that a special permit for minutes lular Council Meeting .ober 6, 1982 age 21 the development of mini -storage warehouses with a screening fence be approved; seconded by Council Member Hawkins. City Secretary Read presented the ordinance effecting the zoning: ORDINANCE NO. 17292: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ALL AMERICAN KIDDIE KAMPUS BY GRANTING A SPECIAL COUNCIL PERMIT FOR MINI -STORAGE WAREHOUSES ON LOT 7, BLOCK 1, CARROLL PLACE UNIT 7; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Gulley, Hawkins voting, "Aye"; Jones and Zarsky, "Nay"; Kennedy, absent at the time the vote was taken. ********** Mr. Utter announced the public hearing on Application No. 882-18, Messrs. Adolf, Joe, Manuel and Alfonso Gonzales, and Ms. Rosa Gonzales, for change of zoning from "R-1B"One-family Dwelling District to "A-1" Apartment House District on Lot 12, Section D, Paisley Hoffman Tract located on the south side of Gollihar Road approximately 96' west of Castenon Street. Mr. Utter informed the Council that the Planning Commission and the Planning Staff both recommend that it be denied and that in response to the 43 notices of the public hearing, 9 in favor and 12 in opposition had been returned, noting that some of them had changed their minds from their original response. Mr. Utter explained that this is a proposal for a multi -family elderly housing project, and after further discussion with the applicants, the Staff now recommends a special permit for 68 units to house the elderly with the permit to extend for 24 months rather than the usual 12 -month period. He stated that the reason for the longer period of time was because the applicants plan to obtain a grant from Housing and Urban Development for funding. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. Speaking on behalf of the applicants was Mr. Jim Boggs, Architect for the project. Mr. Boggs stated that there were several people who were in support of this project and referred to the Targe contingent of elderly people who were present in the audience earlier to express approval of this plan but had to leave. He displayed a proposed site plan and described the complex that they plan to build. Mayor Jones agreed that there is a need for housing for the low to moderate income elderly. utes ular Council Meeting .ober 6, 1982 Page 22 Also speaking on behalf of the project was Mr. Ricardo Gonzalez, 4514 Marie, who explained that there will be 68 units on this tract; they have their application for funds from HUD ready to be submitted; and he did not feel that traffic will be generated here because it will be for the elderly, most of whom will not have automobiles. Also speaking on behalf of the project was Mr. Francisco B. Rodriguez, 111, 6337 Fitchue, speaking on behalf of the Nueces County Community Action Agency Board of Directors. Mr. Rodriguez presented to the Council a resolution passed by the organization on September 30, 1982, expressing support of this facility for the elderly. He stated that since the City Staff now concurs with this location, if necessary, they will present their plan to the Planning Commission. He explained that the Senior Citizens have chosen this site themselves. Mr. Reynaldo Rincon explained the need for facilities for the elderly and how much better their lives would be with a nice home that is safe and convenient to physicians' offices and stores. Mr. Manuel -Gonzales stated that he is one of the owners of the tract of land and he feels that this would be good use of the land which has been vacant since 1948. Mr. Homer Ramirez, 4525 Castenon, presented to the Council a petition containing signatures of 29 families expressing opposition to this change of zoning. He stated that he lives directly behind the tract of land and he would like to have the home for the elderly located somewhere else because they want to retain the single-family dwelling character of their neighborhood. Mayor Jones referred to the Coastal Haven Apartment Complex, which is designed for the elderly, and pointed out that they have been good neighbors to the single-family dwellings located behind them in Country Club. He explained that that facility was also constructed with the same type of funds that this applicant plans to use and designed by the same architect. Mayor Pro Tem Turner commented that these are different from the usual apartment complexes. Also speaking in opposition to the request was Mr. Ignacio J. Garcia who stated that he has lived in this neighborhood for many years. He, too, presented a petition expressing opposition. Mr. Salvador Arispe, 4513 Castenon, also expressed opposition. I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of September 1, 1982 thru September 29, 1982,, inclusive, and having been previously approved by Council action, are by me hereby approved as itemized. September September September September September September September 1, 1982 - Regular Council Meeting 1, 1982 - Special Council Meeting 8, 1982 - Regular Council Meeting 15, 1982 - Regular Council Meeting 15, 1982 -- Special Council Meeting 22, 1982 - Regular Council Meeting 29, 1982 - Regular Council Meeting Luther J MAYOR&