Loading...
HomeMy WebLinkAboutMinutes City Council - 12/22/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING DECEMBER 22, 1982 2:00 P.M. PRESENT Mayor Luther Jones Mayor Pro Tem Betty Turner Council Members Jack K. Dumphy Bob Gulley Herbert L. Hawkins Dr. Charles Kennedy Cliff Zarsky 00,u_ --- 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 William Allen Bagnall of Morgan Avenue Baptist Church, following which the Pledge of Allegiance to the Flag of the United Stated 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 Mayor Pro Tem Betty Turner that the Minutes of the Special and Regular Council Meetings of December 2, 1982 and December 8, 1982 be approved as presented; seconded by Council Member Herbert Hawkins; and passed unanimously. Mayor Jones stated that Mr. Dan Butt, Chairman of the Municipal Art Commission, would speak at this time regarding the mural at the Convention Center. Mr. Butt stated that due to the controversy the mural had caused within the community, the artist had volunteered to change that portion in question. He stated that he was able to contact 12 members of the Municipal Arts Commission and they recommended that the changes be accepted by the City Council. Mr. Butt then displayed a rendering of the portion to be changed to the Council and audience and explained that the Flag would be painted in an upright position and the bull was repositioned in relation to the Flag. RICRokkgo SEP 1.91984 r Minutes Regular Council Meeting December 22, 1982 Page 2 Mayor Jones then read from a prepared statement (a copy of which is attacjed jeretp amd made a part of the minutes hereof) and urged the passage of a resolution ratifying the Council's initial decision on the mural. Council Member Cliff Zarsky stated that it was magnanimous of the artist to accept the recommendations of the community without being forced to do so. A motion was made by Mayor Pro Tem Turner to ratify the original decision of the Council and to accept the changes made by the artist as recommended by the Municipal Arts Commission; seconded by Council Member Zarsky and passed unanimously. *0*o*0*0*0*0*0*0*0* Mayor Jones called for confirmation of actions taken during the Workshop Meeting to confirm the appointment of two members of the City Council and Richard Valls to the Steering Committee for the Port Study. Council Member Charles Kennedy inquired if the members of this Committee would be rotating and Mayor Jones stated that all members of the Council could attend but at least two members must be present. He also stated that the first meeting would be December 28, 1982. A motion was made by Council Member Charles Kennedy to confirm the appointments; seconded by Council Member Zarsky; and passed unanimously. *0*o*0*o*0*0*0*0* Mayor Jones announced the bid opening on the following engineering project: Commercial ramp expansion and runway safety improvements at the International Airport. This project provides for a 300' westerly expansion of the Commercial Ramp and for the filling and grading of large ditches at the southeast end of Runway 13-31 in order to make the area safer. The project is partly funded by a grant through FAA. Assistant City Manager James K. Lontos, P.E., opened bids from the following firms: R. S. Black Construction Brothers and the Council Company; Garrett Company; H. & H. Concrete Company; Heldenfels Silverton Construction Company. Mr. Lontos informed that the required bid security bonds had been J ,.mites Regular Council Meeting December 22, 1982 Page 3 submitted by all the bidders. Mayor Jones then announced the bid opening on the following engineering project: Construction of an aerated lagoon at the Allison Wastewater Treatment Plant. The project provides for an interim treatment of wastewater by an aerated lagoon process until such time as the permanent improvements which are scheduled to start the summer of 1983 are completed. Mr. Lontos then opened bids from the following firms: F & E Erection Company; R. S. Black Company; Goldston Corporation; Maverick Construction Company; Bay, Inc.; Isles Construction Company and Hallmark Contracting. He informed the Council that all of the bidders had submitted the required bid security bonds. Mayor Jones expressed appreciation to the companies that had submitted bids and stated that they would be tabled for 48 hours pursuant to the requirements of the City Charter, and referred to the staff for tabulation and recommendation. *o*o*o*o*o*o* Mayor Jones then referred to the consent portion of the agenda and called for Action of the Council by Motion on the following items: 1. Twelve months supply agreement for approximately 54,200 cu. ft. Acetylene, 97,600 cu. ft. Oxygen, 16,500 cu. ft. Nitrogen, 1,939 cu. ft. Nitrogen and Hydrogen and 25 extra cylinder caps to be used for welding by all divisions be approved on the basis of low bid to Big Three Industries, Inc., Corpus Christi, for $5,883.07. Four bid invitations were issued and three bids were received. Prices have increased approximately 9% since the previous contract of August, 1979. 2. Approximately 450 tons of red sandy clay be purchased from Osburn Sand Co., San Antonio, Texas for $12.45/ton or $5,512.50 based on low bid meeting specifications. The apparent low bid from FAX, Inc. does not meet the 70/30 mixture ratio of sand to clay required for proper compaction. Prices have not changed since the last purchase on 10/28/81. Five bid invitations were issued and four bids were received. 3. A twelve months supply agreement for portable chemical toilet service be approved on the basis of low bid with Sani Can, Corpus Christi, for the estimated total of $12,138.00. An estimated 17 units will be used at Nueces River Park, Corpus Christi Beach, the Westside and Elliott landfills, and at various Public Utility Department construction sites. Price has decreased 11% since last years bid. Three bids were received. 4. A public hearing be held December 29, 1982 on amending the Master Drainage Plan for the area south and west of the City by deleting the drainage channel on the west side of Rodd Field Road and moving the drainage boundary adjacent to the Minutes Regular Council Meeting December 22, 1982 Page 4 Carroll Ditch to Rodd Field Road, encompassing draining an additional 93± acres to the Carroll Ditch and shown on Plate 29 of said Master Drainage Plan. 5. A contract be Associates, Ltd. the preparation ended July 31 information at expenses. approved with David M. Griffith and for professional services to be rendered in of a Cost Allocation Plan for fiscal year , 1984 using July 31, 1982 financial a fee not to exceed $10,000 including 6. Revision of appointments to the Nueces County Community Action Agency. 7. Authorizing the City Manager to execute a correction deed to cure a defect in description contained in the deed conveying a .79 acre tract from the City to Quintana -Howell, Joint Venture, in February of 1980. The tract is located on the east side of McBride Lane south of Up River Road. The tract was sold to Quintana -Howell for $30,101. 8. Gulf Coast Testing Laboratory be retained at a cost of $9,934 to provide testing services for the Spohn Hospital Area Street Improvement project to include soil and base testing, hot mix asphalt control, and concrete strength determinations. There were no comments from the Council or audience on these items. Mayor Jones then called for Action of the Council by New Ordinances and Ordinances from previous meetings and there were no comments on these from the Council or the audience. A motion was made by Council Member Bob Gulley to approve items 1 through 8; seconded by Council Member Zarsky; and passed unanimously. A motion was made by Council Member Jack Dumphy; seconded by Council Member Herbert Hawkins to approve ordinances 9 through 17 and passed by the following vote: 9. ORDINANCE NO. 17402: AUTHORIZING REIMBURSEMENT TO WAL MART INSTALLATION OF WATER DISTRIBUTION MAINS CENTER; APPROPRIATING $2,225 FOR THIS DECLARING AN EMERGENCY. STORES, INC., FOR IN LAGUNA BUSINESS REIMBURSEMENT; AND The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins, Kennedy, and Zarsky voting "aye"; Turner and Gulley "absent". 10. ORDINANCE NO. 17403: CLOSING AND ABANDONING THE 5 FOOT WIDE UTILITY EASEMENT IN LOT 20R, BLOCK 2, MARINER'S CAY UNIT 2A; PROVIDING FOR REPLATTING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins, Kennedy, and Zarsky voting "aye"; Turner and Gulley "absent". intttes Regular Council Meeting December 22, 1982 Page 5 11. ORDINANCE NO. 17404: AMENDING THE INDUSTRIAL DISTRICT AGREEMENT WITH VALERO HYDROCARBONS COMPANY, AUTHORIZED BY ORDINANCE NO. 16351 PASSED ON JULY 1, 1981, SO AS TO ADD TO INDUSTRIAL DISTRICT 20-A, A 23.30 ACRE TRACT OF LAND AND A 26.37 ACRE TRACT OF LAND ALL AS SET FORTH IN THE AMENDMENT TO THE INDUSTRIAL DISTRICT AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT 1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins, Kennedy, and Zarsky voting "aye"; Turner and Gulley "absent". 12. ORDINANCE NO. 17405: AMENDING ORDINANCE NO. 15821, PASSED AND APPROVED ON OCTOBER 15, 1980, SO AS TO RE-ESTABLISH AND AMEND THE FOUR (4) COUNCILMANIC DISTRICTS ESTABLISHED BY SAID ORDINANCE, IN ACCORDANCE WITH ARTICLE II, PARAGRAPH 2(c) OF THE CITY CHARTER INSOFAR AS THE NUECES COUNTY VOTING PRECINCTS COMPRISING EACH DISTRICT ARE CONCERNED; PROVIDING FOR PUBLICATION; PROVIDING A REPEALING CLAUSE; PROVIDING FOR SEVERABILTIY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Kennedy, and Zarsky voting "aye"; Hawkins "abstaining", Turner and Gulley "absent". 13. RESOLUTION NO. 17406: ACKNOWLEDGING THE GIFT OF $50,000 FROM THE WARREN FOUNDATION TO THE CENTRAL LIBRARY BUILDING FUND AND EXPRESSING APPRECIATION THEREFOR. The Charter Rule was suspended and the foregoing resolution passed by the following vote: Jones, Dumphy, Hawkins, Kennedy, and Zarsky voting "aye"; Turner and Gulley "absent". 14. RESOLUTION NO. 17407: ENDORSING THE CONCEPT OF BAKER'S PORT, INC. AND RECOGNIZING THE ECONOMIC IMPACT THAT BAKER'S PORT, INC. WILL HAVE IN THE SOUTH TEXAS AREA; URGING THE UNITED STATES ARMY CORPS OF ENGINEERS TO SPEEDILY CONSIDER THE BAKER MARINE APPLICATION WHEN SUBMITTED TO BUILD BAKER'S PORT, INC. AND TO GIVE SUCH APPLICATION AS FAVORABLE DETERMINATION AS POSSIBLE. The Charter Rule was suspended and the foregoing resolution passed by the following vote: Jones, Dumphy, Hawkins, Kennedy, and Zarsky voting "aye"; Turner and Gulley "absent". 15. SECOND READING: AUTHORIZING A FIVE YEAR LEASE AGREEMENT WITH THE BUCCANEER COMMISSION, INC., FOR USE OF CITY PROPERTY ADJACENT TO MEMORIAL COLISEUM AND FOR THAT PORTION OF THE COLISEUM PRESENTLY KNOWN AS THE BUCCANEER COMMISSION OFFICE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Dumphy, Hawkins, Kennedy, and Zarsky voting "aye"; Turner and Gulley "absent". 16. SECOND READING: PROVIDING FOR A REINVESTMENT ZONE FOR TAX INCREMENT FINANCING; ESTABLISHING A BOARD OF DIRECTORS FOR SUCH ZONE; AND OTHER MATTERS RELATING THERETO. inites Regular Council Meeting December 22, 1982 Page 6 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Dumphy, Hawkins, Kennedy, and Zarsky voting "aye"; Turner and Gulley "absent". 17. SECOND READING: ADOPTING THE CORPUS CHRISTI BAYFRONT PLAN; PROVIDING FOR REPEAL, SEVERANCE AND PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Dumphy, Hawkins and Zarsky voting "aye"; Kennedy "present" Turner and Gulley "absent". *0*0*0*o*o*0*o* The Mayor then called for Action by Motion on the Regular Agenda and there were no comments from the Council or audience on these items. 18. Approving plans and specifications for the Heavy Equipment, Park and Wastewater Maintenance Buildings at the City Service Center, and authorizing the receipt of bids for this project on January 19, 1983. The Heavy Equipment Building is a 1972 bond project designed to provide additional space to the garage operation for the maintenance of heavy equipment. The Park Building will provide space for the park maintenance crews and areas for small equipment repair and would allow the relocation of the present facility adjacent to South Bluff Park for the expansion of the Tennis Center. The Wastewater Building will house the wastewater maintenance personnel presently working in overcrowded conditions at the Broadway Plant and would allow the area at the plant to be used by Plant personnel and laboratory space. 19. Approving the preliminary report on the energy reduction studies at the Community Convention Center as prepared by Callins, Haggard and Associates which calls for the installation of a new 450 -ton chiller, insulation in the north and east walls of the Auditorium stage area, additional heating units and related work in the Auditorium dressing rooms. 20. Approving the 1982-83 contract with the Nueces County Rural Fire Prevention District No. 2 (Flour Bluff). The District agrees not to levy a tax, provide at least ten volunteer firefighters at any fire occurring within the boundaries of the City and provide 24-hour communication between the District and the City's fire dispatcher and maintain an adequate means of alerting District volunteers. In return, the City will pay the District $68,000, provide radio communication equipment and provide workers compensation and automobile liability insurance for the District. The contract could be cancelled by either party on 30 days notice. 21. Approving a contract with Public Technology, Inc. for the fire station location project. 22. Approving a notice of intent to withdraw from Social Security consistent with the current Police Collective Bargaining contract for the purpose of studying alternative programs. A motion was made by Mayor Pro Tem Turner to approve items 18 through 22; seconded by Council Member Herbert Hawkins and passed unanimously by those present. Minutes. Regular Council Meeting December 22, 1982 Page 7 Mayor Jones called for Action by Ordinance. City Manager Edward Martin explained that items 25 and 26 were previous zoning requests and the applicants in both cases have submitted acceptable site plans. Council Member Gulley, referring to item 23, stated that he did not think the speed limit on McKinzie Road needed to be reduced, but he would vote yes on this ordinance. Mayor Jones called for comments from the audience on these items and stated the Council needed to be refreshed on items 25 and 26. Assistant City Manager Tom Utter stated the case to which this ordinance (No. 25) applies was a request from "B-4" to "I-2" and was heard on October 20, 1982. The case was tabled so that Mr. Valdez could ascertain the type of uses he proposed to have in the three buildings and the applicant has submitted an acceptable site plan. Mayor Jones inquired as to the kind of usage that would be allowed, and Mr. Utter stated that the buildings would be used for the following: cabinet shop, boat repair shop, sign shop, animal feed shop, building contractor yard, foundry products manufacturing (electrical only), welder's shop, machine shop, and hardware and tool shop. Mr. Larry Wenger, Director of Planning, then showed slides of the subject area, and Council Member Gulley inquired if the staff was satisfied and Mr. Wenger stated that they were. Mayor Jones inquired if anyone in the audience wished to address this ordinance, and there was no response. A motion was made by Council Member Gulley to approve a special permit for the uses mentioned above and as outlined on the site plan; seconded by Council Member Zarsky and passed unanimously. Mr. Utter then explained item no. 26 and stated that the case to which this ordinance applies was the application of Mr. J. E. Brown which was a request from "R -1B" to "I-2" which was Minutes Regular Council Meeting December 22, 1982 Page 8 heard on September 1, 1982. The request was denied, and in lieu thereof, a special permit was approved for the purpose of parking two waste hauling trucks used in servicing septic tanks with the condition that there will be no washing or cleaning of trucks on premises; an acceptable site plan has been received; and since the Planning Commission recommended denial, it will take 5 affirmative votes of the City Council to approve the ordinance. Council Member Gulley asked to see a copy of the site plan, and Mr. Utter gave a copy to the Council. Mr. Wenger showed slides of the area and stated that no washing or cleaning of the trucks will be allowed. He also stated that just a portion of the area involved will be utilized. Mayor Jones inquired if Mr. Brown had this business before the area was annexed and Mr. Wenger stated that he did but at a different location. Mayor Jones asked if Mr. Brown was present to speak on this ordinance and it was determined that he was not. Mayor Pro Tem Turner asked how many notices were returned and Mr. Wenger stated that two notices were returned expression opposition to the application and he then located those two properties on the map. Council Member Gulley stated that this type of business should not be in a neighborhood, and Council Member Zarsky stated that the people in the area were accustomed to this. A motion was made by Council Member Zarsky to accept the site plan; seconded by Council Member Kennedy and the motion failed to pass by the following vote: Hawkins, Kennedy, Zarsky and Dumphy voting "aye"; Jones, Turner and Gulley voting "no". City Secretary Bill Read polled the Council for their votes and the following ordinances were approved: 23. FIRST READING AMENDING THE CODE OF ORDINANCES, SECTION 53-254, SCHEDULE V -INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, WHICH WILL CHANGE THE SPEED LIMIT ON PORTIONS OF McKINZIE ROAD, AYERS STREET, GREENWOOD DRIVE AND AGNES STREET; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERABILITY. 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 Kennedy "aye"; Zarsky "absent". Mintates Regular Council Meeting December 22, 1982 Page 9 24. ORDINANCE NO. 17408: AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE CONTRACT WITH CALLINS, HAGGARD AND ASSOCIATES FOR ENERGY REDUCTION STUDIES AT THE CONVENTION CENTER AREA WHICH PROVIDES FOR A FEE NOT TO EXCEED $22,260 DURING PHASE II PORTION OF THE CONTRACT; APPROPRIATING $22,260 FOR THIS FEE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Kennedy "aye"; Zarsky "absent". 25. ORDINANCE NO. 17409: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF RUBEN J. VALDEZ BY GRANTING A SPECIAL COUNCIL PERMIT ON LOT 1, BLOCK 2, CEDAR GROVE ADDITION FOR A CABINET SHOP, BOAT REPAIR SHOP, SIGN SHOP, ANIMAL FEED SHOP, BUILDING CONTRACTOR YARD, FOUNDRY PRODUCTS MANUFACTURING (ELECTRICAL ONLY), WELDER'S SHOP, MACHINE SHOP, AND HARDWARE AND TOOL SHOP; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Kennedy "aye"; Zarsky "absent". 26. FAILED TO PASS (See page 8) *o*o*o*o*o*o*o* Mayor Jones announced the public hearings on three zoning cases. Application No. 1182-7 Mr. Al Hogan, for a change of zoning from "A-1" Apartment House District to "R -1B" One -family Dwelling District on 15.63 acres out of Lots 9 and 10, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, located on the northwest corner of Wooldridge Road and Rodd Field Road. Assistant City Manager Utter informed the Council that seven notices of the public hearing were mailed and one in favor and none in opposition had been returned. He stated that the Planning Commission and Planning staff recommend approval. Mr. Larry Wenger located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the area. He stated that the zoning on this tract had been changed several times and there is only one business in the area. Mayor Jones ascertained that no one wished to address this zoning application. Mayor Pro Tem Turner made a motion to close the hearing; seconded by Council Member Kennedy and passed unanimously. A motion was made by Mayor Pro Tem Turner to approve the zoning of "R -1B" for application no. 1182-7, seconded by Council Member Kennedy and passed unanimously. Minutes Regular Council Meeting December 22, 1982 Page 10 *o*0*o*o*0*o* C1182-10, City of Corpus Christi, for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Tract 1, from "R -1B" One -family Dwelling District with a Special Permit to "B-1" Neighborhood Business District on Tract 2, and from "R -1B" One -family Dwelling District to "F -R" Farm -Rural District on Tract 3, from "R -1B" One -family Dwelling District and "B-1" Neighborhood Business District to "B-4" General Business District on Tract 4 and "R -1B" One -family Dwelling District to "AB" Professional Office District on Tract 5, generally the area along Farm Road 624 between East Riverview Drive to U.S. Highway 77 included in the November 4, 1981 annexation election. Mr. Utter stated that 41 notices of the public hearing were mailed and 3 in favor and 2 in opposition were returned and informed the Council that the Planning Commission recommended that it be approved except for "AB" Professional Office District on Mr. Denman's property. 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 area. He explained the various types of zonings in the area and stated that the bank in the area was currently operating under a special permit and the owner of the veterinary clinic preferred the zoning classification of "B-4" rather than "AB". Council Member Gulley asked if there were any objections, and Mr. Wenger stated there were none. Mayor Jones called for comments from the audience. Mr. Dennis Denman, 3846 Violet, stated he owned the vet- erinary clinic in the area and that he wanted to request zoning of "B-4" and asked if there was any time limit on this. He was informed that this could be done within the next month. Mr. Denman then thanked the Council for their consideration on this. A motion was made by Council Member Gulley that the hearing be closed; seconded by Mayor Pro Tem Turner; and passed unanimously. A motion was made by Council Member Dumphy to approve the changes in zoning on application no. C1182-10 as recommended by the Planning Commission; seconded by Council Member Hawkins; and passed unanimously. *0*o*"*0*0*0*0* Minutes Regular Council Meeting December 22, 1982 Page 11 Amend the "B-1" Neighborhood Business District, Section 13-2.4, the "B-3" Business District, Section 15-2.5 and the "B-4" General Business District, Section 16-2.5 to clarify schedule of uses permitted within these districts. Mr. Wenger explained the proposed amendments and stated that these business zoning classifications are limited to floor area, i.e., "B-1" - 2,500 s.f. maximum and "B-3" and "B-4" - 6,000 s.f. maximum. He stated that the Planning Commission had asked the staff to review this and see if the maximum floor area should be retained and if certain usages should be moved to a light industrial zoning. He stated that the staff performed a study and ascertained there were not very many changes recommended for "B-1" except to eliminate the maximum square footage requirement. He stated the "B-3" and "B-4" have uses that are industrial and should be moved to that category. Mayor Pro Tem Turner inquired as to how many businesses will be non -conforming if these amendments are approved, and Mr. Wenger stated that there would only be a few. Council Member Gulley asked if the Planning Commission and Planning staff agree, and Mr. Wenger stated that these amendments were a result of workshop meetings and compromises which were worked out. Mayor Jones ascertained that no one in the audience wished to address the proposed amendments. A motion was made by Council Member Kennedy that the hearing be closed; seconded by Council Member Dumphy and passed unanimously. A motion was made by Council Member Kennedy that the amendments be approved; seconded by Council Member Dumphy and passed unanimously. City Secretary Read polled the Council for their votes and the following ordinances were approved: 27. ORDINANCE NO. 17410: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF AL HOGAN, BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOTS 9 AND 10, SECTION 19, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FROM "A-1" APARTMENT HOUSE DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting December 22, 1982 Page 12 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". 28. ORDINANCE NO. 17411: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO SEVERAL AREAS ALONG FARM ROAD 624 FROM "R -1B" ONE -FAMILY DWELLING DISTRICT, "SP" SPECIAL PERMIT, AND "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT, ON AREA A, "F -R" FARM RURAL DISTRICT, ON AREA B, "AB", PROFESSIONAL OFFICE DISTRICT, ON AREA C, "F -R" FARM RURAL DISTRICT ON AREA D, "AB" PROFESSIONAL OFFICE DISTRICT ON AREA E, AND "B-1" NEIGHBORHOOD BUSINESS DISTRICT, ON AREA F; 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". 29. ORDINANCE NO. 17412: AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 13-2(4), SECTION 15-2(5), AND SECTION 16-2(5) TO CLARIFY THE USES WITHIN THOSE DISTRICTS; 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". *o*o*o*o*o*o* Mayor Jones announced the public hearing on the preliminary assessment roll for the water distribution system for the H.E.B. park area. He stated that City Attorney J. Bruce Aycock would conduct the formal portion of the public hearing. Mr. Aycock called as his first witness Mr. Gerald Smith, P.E., City Engineer. Through questioning of the witness, Mr. Aycock ascertained that Mr. Smith has been an employee of the City of Corpus Christi for 23 years and that he has on file, in the City Engineering Department, his qualifications. Mr. Smith then testified that he is familiar with the project and stated that this a a 7th Year Community Development Block Grant project; it involves five subdivisions; included in the project is the abandonment and plugging of water mains in the easements at the back of lots and the laying of 8, 6, or 4 inch water mains in street rights-of-way. He stated that construction shall include the installation of valves, tees, crosses, taps, manholes, thrust blocking and other appurtenant fittings to include fire protection facilities, that these lines were installed initially between 1945 and 1948, and the purpose of Minutes Regular Council Meeting December 22, 1982 Page 13 this project is to upgrade the lines. He then showed a trans- parency of a typical house and stated that the water meters would be moved from the easement to the front of the house. He informed the Council that nine contractors had submitted bids and the low bidder was Austin Engineering Company for $782,533.00, with the City portion being $704,096.44 and the assessments totalling $78,436.56 on 651 items. Mr. Aycock inquired of Mr. Smith if fire protection would be increased and Mr. Smith stated that eleven fire hydrants currently serve this area and 40 additional hydrants will be installed. Council Member Kennedy inquired as to why the City planned to move the lines to the front of the homes, and Mr. Smith stated that there have been several water breaks in this area and it is very difficult to position the machinery in these easements since they are only 10 feet wide. He also stated that State Law requires that there be a 9 foot separation between water lines and sanitary sewer lines. Mr. Smith informed the Council that they are recommending no assessments for items 1 through 44 because there is an existing line in the front of the property. Mr. Aycock called as his next witness Mr. Bill Holly and verified that Mr. Holly was a licensed real estate broker and appraiser and that he has on file in the City Engineering Department a copy of his qualifications in resume form. Mr. Holly testified that he examined all of the properties and that they will be enhanced in value by the improvements by at least the amount of assessments. Mr. Aycock asked if there were any inequities and Mr. Holly stated that some lots had rounded corners and the assessments for these have been adjusted by the staff. Council Member Zarsky asked if this would reduce the fire insurance rates for the property owners involved, and Mr. Holly stated that he is not in a position to answer that question but linutes - Regular Council Meeting December 22, 1982 Page 14 that each individual should contact their private insurance company. Mayor Jones inquired about increased water pressure and Mr. Smith stated that the average pressure is 55 lbs. per square inch and the water pressure would be increased as a result of the installation of the larger lines. Mayor Jones called for comments from the audience. Mr. Robert Tamez, Administrator for Corpus Christi Osteopathic Hospital, stated that he would like to work closely with the City to avoid any interruption of water service to the hospital. Mr. Smith stated that there would be a period of time from approximately 30 minutes to 1' hours in which they will not have water, but stated they could possibly bypass lines for the hospital or, in any case, something could be worked out. Mr. Joe Lopez, 1520 Eunice, stated that he was at the hearing last week and there were many people who attended that meeting but could not attend today. Mr. Lopez continued by stating that he built his house himself two years ago and it had good water pressure and there were no obstructions in his easement. He stated that the lines would not be of benefit to the community because the plumbing in most of the homes is old. Mr. Lopez made further comments, indicating that his major concern was that the street would be torn up and then patched. Mr. Smith stated that the street will be patched with caliche and 11" of asphalt. Mayor Pro Tem Turner inquired if the yards would be damaged, and Mr. Smith stated that they would meet with property owners on an individual basis to determine the best route through their yards. Mrs. Turner asked how the City felt this project was justified, and Mr. Smith informed her that it was justified because (1) the frequent breaks in the lines; (2) additional fire hydrants will be installed; and (3) increased water pressure. Mr. Domingo Garcia, 1726 Juanita, presented a petition with 101 signatures opposing the project because of the condition the street will be in after the lines are installed. Mr. Saldana, 1721 Juanita, stated he did not understand why the City was placing the lines in the street, and Assistant City .Minutes Regular Council Meeting December 22, 1982 Page 15 Manager Lontos explained the law requiring the separation between water lines and sewer lines. After further discussion of the number of breaks in the area, Mayor Pro Tem Turner requested a report on the breaks in that area. Mr. Troy Frost, 1813 Timrod, stated that he purchased a home in Pineda Park in 1941; the water lines were in poor shape at that time; and that these improvements are needed. Mayor Jones stated that he appreciated the property owners concern about their yards, but they have an opportunity to improve the area, and if something is not done now, there will be problems later. Mr. C. A. Wendel, 2713 Willard, stated he is for the project 100%. Mr. Lopez spoke again and stated that there was nothing behind his property so he could not understand why his line could not be in the easement, and it was explained to Mr. Lopez that regardless of whether or not anything was behind his property now, the property is privately owned and it is impossible to determine what might be located there in the future. A motion was made by Council Member Gulley that the hearing be closed; seconded by Council Member Zarsky; and passed unanimously. Mr. Mungia, an employee of the Wastewater Division who is a property owner in this area, alleged that he has seen water and sewer lines laid in new subdivisions that are not 9 feet apart. Council Member Dumphy suggested that this be investigated. *o*0*o*0*o*0*o* Mayor Jones announced the public hearing on the following closure: 31. Closing a 20 foot wide strip of right-of-way on Airline Road near Holly Road fronting Lots 1 and 2, Section 13, Flour Bluff Encinal Farm and Garden Tracts. The staff feels that the bulk of the 20 foot strip, which is 1,400 feet in length, can be closed subject to easement retainage, agreement to paying assessments and dedication of Holly Road right-of-way which would be needed for future Holly Road construction from Lot 2 which has been previously platted. The hearing on this request was postponed for two weeks on December 8, 1982. Ainutes Regular Council Meeting December 22, 1982 Page 16 Assistant City Manager Lontos suggested that this matter be delayed because Mr. Oscar Spitz has filed suit against the City for the assessments on his property and recommended that the $200 street closing fee be refunded to the applicant. A motion was made by Council Member Gulley that this closure be postponed indefinitely and the $200 refunded; seconded by Council Member Herbert Hawkins; and passed unanimously. *0*o*0*o*0*o*a* City Manager Martin stated that it would not be necessary to have a workshop meeting on December 29, 1982. A motion was made by Council Member Kennedy that there be no workshop meeting on December 29, 1982 and the Regular Council Meeting begin at 1:30 p.m.; seconded by Council Member Gulley; and passed unanimously. Council Member Zarsky referred to a letter from Dr. Summers asking the Council to endorse the passage of Senate Bill 46 which gives the City authority to adopt regulations regarding obscene material. A motion was made by Council Member Zarsky to send a resolution to Mr Henderson endorsing this bill; seconded by Mayor Pro Tem Turner. Council Member Gulley stated that he would like an opinion from the legal department. Mayor Jones stated that this bill apparently restricts locations of businesses and Council Member Kennedy questioned the constitutionality of the bill, to which Council Member Zarsky stated that anything could be declared unconstitutional. City Manager Martin informed the Council that this bill is poorly written and after further discussion, Mayor Jones asked Mr. Martin for a report on this bill. Mayor Jones called for petitions from the audience on matters not scheduled on the agenda and there was no response. Mayor Pro Tem Turner stated that the "Christmas Gift Express" which provided -bus service to shopping malls, was a very creative idea on the part of the Management Development team of Grace McNett, Public Utilities; Lamont Taylor, Transit; Robert Rivera, Building Division; and Ralph Coglianese, Planning Department and instructed the City Secretary to send a letter to each of these employees expressing the Council's approval. :linutes Regular Council Meeting December 22, 1982 Page 17 Mrs. Turner also expressed her satisfaction with the City for hiring Mr. Bob Martinez as the City's new program supervisor for handicapped recreation programs. She stated this was a needed service and she would like for Mr. Martinez to appear before the Council. City Secretary Read then informed the Council that he would be on vacation next week. There being no further business to come before the Council, on motion by Council Member Hawkins, seconded by Council Member Gulley and passed unanimously, the Regular Council Meeting was adjourned at 4:55 p.m., December 22, 1982. Thank you, Mr. Butt. We appreciate the work and effort of the Municipal Arts Commission. As most of you know, Rush Cole has been criticized for the original painting which we approved for the Main Lobby of the Bayfront Convention Center. When we approved her painting, we believed that it uniquely illustrated the history, culture and environment of our area. Nonetheless, Ms. Cole was subjected to criticism, some unfair and unjustified, and some by well-meaning people who were primarily concerned by the relative positions of the United States, Confederate and Texas flags. Some weeks ago Ms. Cole indicated that she would consider making artistic changes in her original painting to meet criticism concerning the position of the United States flag with respect to the others. Yesterday, we understand Ms. Cole explained and illustrated the changes which she believed would satisfactorily resolve this issue while not destroying the integrity and artistic theme of her mural. The Municipal Arts Commission has reviewed these changes and has recommended that we approve them. We have also had an opportunity to review these proposed changes and we appreciate Ms. Cole's understanding and sensitivity to the problem. I have never felt that Ms. Cole or her original painting desecrated the United States flag. That is a serious charge made by a few and it is indeed regrettable that they publicly accused her and her painting in that fashion. In my opinion Ms. Cole is not only an outstanding artist, but a loyal American. We are fortunate to have her in our community. It is obvious that neither her original painting nor the changes she proposes were ever intended to dishonor or show disrespect for the flag or the United States of America. I believe that the proposed changes Ms. Cole has outlined proves this point. I further believe that the proposed changes will resolve any criticism concerning the position of the United States flag in her mural. As you can see from the illustration, it will appear vertical and higher in the painting than both the Confederate and Texas flags. Based upon these proposed changes, I hope that the Council will today adopt a resolution to ratify our original decision to should also award the contract to provide that when the these changes, we accept the same Ms. Cole. The motion painting is completed with and authorize payment of the balance due her under her contract. While no work of art can please everyone, I believe that when Ms. Cole completes her work, we will all be proud of the mural, our history, our culture and our environment. In the spirit of this holiday season I urge the community to permit Ms. Cole to finish her work without interference and without further unjust criticism. -2-