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HomeMy WebLinkAboutMinutes City Council - 12/29/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING DECEMBER 29, 1982 2:00 P.M. PRESENT: Mayor Luther Jones Council Members: Jack K. Dumphy Bob Gulley Dr. Charles W. Kennedy Cliff Zarsky' ABSENT: Mayor Pro Tem Betty N. Turner Council Member Herbert L. Hawkins VGu lir City Manager Edward Martin City Attorney Bruce Aycock Acting City Secretary Dorothy Zahn Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Charles Kennedy, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Bob Gulley. Acting City Secretary Dorothy Zahn called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Council Member Zarsky that the Minutes of the Regular Council Meeting of December 15, 1982 be approved as presented; seconded by Council Member Dumphy; and passed unanimously. o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o Mayor Jones called for consideration of the discussion item under current concerns and inquired of Council Members present if they had any objection to meeting with the Nueces County Commissioners' Court on Wednesday, January 5 for the purpose of discussing a personnel matter. Council Member Kennedy stated that he would be out of town on that day but that he would return by January 12. Mayor Jones then stated that this meeting would only be for discussion only and that action could be taken on January 12. MICROFILMED SEP 9104 Minutes Regular Council Meeting December 29, 1982 Page 2 Assistant City Manager Ernest Briones explained that the meeting would be placed on the agenda of January 5, 1983 as a "closed meeting". Council Member Kennedy referred to their meeting with the San Antonio Council Members in relation to the Port of Corpus Christi and expressed concern in that he feels it is extremely important to move forward in working with San Antonio, Mexico and other adjoining entities for diversification of the port. Council Member Zarsky referred to the Booz -Allen report provided them noting that two alternatives in the report suggested a study of Mexico and that he would have no problem in supporting a continued study on this matter. A motion was made by Council Member Zarsky that the City of Corpus Christi accept Alternative #2 and participate in the cost in an amount not to exceed $22,000 in the funding of an evaluation of the use of the Port of Corpus Christi by shippers and consignees in the United States and Mexico; seconded by Council Member Kennedy. City Manager Martin explained that this item would have to be placed on the agenda next week for official action. Council Member Gulley inquired about the source of funds for this since it is not a budgeted item. City Manager Martin explained this would be funded from the sale of Industrial Revenue Bonds. Mayor Jones called for the vote on the motion which passed as follows: Jones, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Turner and Hawkins, "absent". On another matter, City Manager Martin explained that Athena Cablevision had advised the City it would drop Chicago -based WGN on January 1 to protest a 3.8% increase in copyright fees the cable system would have to pay to broadcast this independent channel; the City had in turn advised Athena if WGN is dropped they would have to replace it with at least the same quality of service; or Athena could be cited for violation of its franchise. Mr. Martin explained that such a citation would give Athena 30 days to rectify the situation; the Council could take action ranging from fining Athena to revoking its franchise; or the Council could also review Athena's rates and lower subscriber fees if it feels the quality of cable television service has declined. Mayor Jones called for discussion on the item regarding the move of Texas artment of Human Resources to Old Brownsville Road. ites regular Council Meeting December 29, 1982 Page 3 City Manager Martin referred to a memorandum dated December 28, 1982 from Tom Niskala, General Transit Manager, on the D.H.R. Relocation which explained the current location for which there is no bus service which creates inconvenience to existing customers. Mr. Martin explained the location of the new building; briefly explained how the buses could be rerouted to reach the new location; the issues and the Staff's recommendation that the Department survey its clients to determine if enough expressed an interest in riding the bus to the Old Brownsville Road Office; and suggested that the agency pay the City of Corpus Christi about $1,200 for a six-week experiment to operate shuttle buses between the office and the Greenwood Center at Greenwood and Horne. Mr. Martin noted that Ms. Maria Castro and Mr. Rene Gaytan, Represen- tatives of the Texas Department of Human Resources were present to answer any questions the Council may wish to ask. Ms. Maria Castro, Area Operations Manager for the Department, explained that in regard to the recommendation of Mr. Niskala, the agency is presently conducting a survey to determine how many clients would require the bus service and how often; they hoped to have the results completed by next week; but the problem of paying the expenses is one of legality as the agency has some restrictions on how to expend the funds and at this time, it is impossible. Council Member Gulley expressed the opinion that since the agency was not within a reasonable distance of a bus line, he felt the responsibility to provide shuttle service to the new location should be borne by the Texas Department of Human Resources and not by the City. Mr. Gulley further stated that he would like to put this in a form of the motion that the City contact the state headquarters to inform them of the problem, since the new location of the local office does not meet their specifications, and ask for a possible solution. Ms. Castro stated she was aware that a problem exists and that she would be happy to work with the City on this. Mayor Jones explained to Ms. Castro that the City has an obligation to provide the public with transportation to their facility at the least possible expense; the City would work with the Department of Human Resources for a possible solution to meet their needs; and thanked Ms. Castro for her explanation. Minutes Regular Council Meeting December 29, 1982 Page 4 Council Member Gulley's motion was seconded by Dr. Kennedy and passed unanimously. o*o*o*o*o*o*o*o*o*o*o*o*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. Bids be received January 11, 1983 for a twelve months supply agreement for blueprint service for various City departments. The estimated cost is $22,000.00. 2. Bids be received January 18, 1983 for one TOX Meter and one Zeta Meter to be used in the laboratory at Cunningham Water Treatment Plant and are used to measure the efficiency and effectiveness of water treatment at the Plant. Estimated total expenditure $18,500.00. These items are included in the 1982-83 Capital Outlay. 3. Bids be received January 18, 1983 for a respiratory air purification and fixed storage system with fill station for the Fire Department. This equipment will be used to purify, store and fill emergency air breathing bottles used in hazardous atmospheres. Estimated expenditure $28,000.00. 4. Twelve months supply agreement for insect and rodent control be approved for Ace Pest Control for the estimated total of $6,392.00, based on low bid. Mayor Jones inquired about the general specifications of the contract. City Manager Martin replied that he did not have the information but that he would provide a report on this next week. 5. Twelve months supply agreement for bread and bakery products for Elderly Nutrition Program be approved for Richter Baking Co., for the estimated total of $6,965.00, based on low bid. 6. Twelve months supply agreement for milk and dairy products for Elderly Nutrition Program be approved for Oak Farms Dairies, for the estimated total of $37,968.00, based on low bid. 7. A twelve months supply agreement for fire alarm and security system maintenance for the central control equipment and fire protection devices at the Convention Center, be established with Honeywell, San Antonio, for $16,068.00. The system were manufactured and installed by Honeywell and only one bid was received. Council Member Zarsky inquired if the agreement was to provide service or for security system materials, and Assistant City Manager Bill Hennings replied that this agreement provided both. 8. Authorizing a contract with Arthur Young & Co. for professional services at a fee not to exceed $57,000 for Phase III, the final phase in developing the financial system for the City of Corpus Christi. Completion date is no later than December 31, 1983. The $57,000 is available in the 1982-83 Revenue Sharing Budget. ites regular Council Meeting December 29, 1982 Page 5 9. Accepting the North Shoreline Boulevard Street Improvements project, authorizing final payment of $64,068.71 for a total of $568,283.86 to A. Ortiz Asphalt Paving Company. 10. Authorizing the execution of a contract for the City with the "Reinvestment Zone Number One, City of Corpus Christi, Texas" (to be formed) providing for the payment to the City of a portion of the tax increment revenues which could be captured by the Zone. 11. Authorizing the City Manager to execute contracts on behalf of the "Reinvestment Zone Number One, City of Corpus Christi, Texas" (to be formed) providing for the payment to the following four separate taxing entities of a portion of the tax increment revenues which could be captured by the zone: (1) Corpus Christi Independent School District; (2) Corpus Christi Junior College District; (3) Nueces County; and (4) City of Corpus Christi, Texas. Mayor Jones called for comments from the audience on these items, and there was no response. A motion was made by Council Member Dumphy that the foregoing items 1 through 11 be approved, seconded by Council Member Gulley and passed by the following vote: Jones, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Turner and Hawkins, "absent". Mayor Jones asked that a one-page simplified explanation be provided the Council in regard to the two items on the tax increment revenues. o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o Mayor Jones then called for Action of the Council by New Ordinances and Ordinances from previous meetings. Mayor Jones referred to Ordinance No. 15 regarding the acquisition of two parcels located adjacent to the northern boundary of South Bluff Park and inquired as to the use of this additional space. City Manager Martin replied that it would be used for tennis courts. Mr. Gerald Smith, Director of Engineering, explained the plans and displayed a drawing of the proposed additional tennis courts and their location. Council Member Kennedy stated that there is some additional land around that portion that is still unused. Council Member Gulley suggested the possibility of using that land for handball or racketball courts. Referring to Ordinances 13 and 14 which pertained to the H.E.B. Park Area Water Distribution System Improvements, Mr. Smith stated that Mayor Pro Tem Turner had previously asked for the location of the leak history. Mr. Smith displayed a map showing the numerous water line breaks that had occurred in the past three years. Minutes Regular Council Meeting December 29, 1982 Page 6 City Manager Martin stated that there is a need to amend, prior to passage on third reading, Ordinance No. 18 which provides for reinvestment zone for tax increment financing as the current language indicates that there should be representatives from CCISD, Nueces County and Del Mar College District and this should be changed to "a member of the governing body of those jurisdictions". A motion was made by Council Member Dumphy that Ordinance #18 be amended prior to third reading, seconded by Council Member Gulley and passed unanimously. A motion was made by Council Member Dumphy that Ordinances 12 through Ordinances 19 be approved; seconded by Council Member Gulley; and passed by the following vote: 12. ORDINANCE NO. 17413: AMENDING ORDINANCE NO. 16951 BY AMENDING THE ASSESSMENT ROLL FOR NORTH SHORELINE BOULEVARD IMPROVEMENTS AND ADOPTING THE FINAL ASSESSMENT ROLL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Turner and Hawkins, "absent". 13. ORDINANCE NO. 17414: CLOSING THE HEARING ON WATER DISTRIBUTION SYSTEM IMPROVEMENTS FOR THE H.E.B. PARK AREA; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Turner and Hawkins, "absent". 14. ORDINANCE NO. 17415: AUTHORIZING EXECUTION OF A CONTRACT WITH AUSTIN ENGINEERING COMPANY FOR THE H.E.B. PARK AREA WATER LINE IMPROVEMENTS AND APPROPRIATING $815,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Turner and Hawkins, "absent". 15. ORDINANCE NO. 17416: AUTHORIZING ACQUISITION OF PARCELS 1 AND 2 IN CONNECTION WITH THE SOUTH BLUFF PARK EXPANSION PROJECT: APPROPRIATING $175,000 FOR SAID ACQUISITION AND RELATED COSTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Turner and Hawkins, "absent". rtes t<egular Council Meeting December 29, 1982 Page 7 16. SECOND 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 second time and passed to its third reading by the following vote: Jones, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Turner and Hawkins, "absent". 17. THIRD READING - ORDINANCE NO. 17417: 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 third time and passed by the following vote: Jones, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Turner and Hawkins, "absent". 18. THIRD READING - ORDINANCE NO. 17418: PROVIDING FOR A REINVESTMENT ZONE FOR TAX INCREMENT FINANCING; ESTABLISHING A BOARD OF DIRECTORS FOR SUCH ZONE; AND OTHER MATTERS RELATING THERETO. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Turner and Hawkins, "absent". 19. THIRD READING - ORDINANCE NO. 17419: ADOPTING THE CORPUS CHRISTI BAYFRONT PLAN; PROVIDING FOR REPEAL, SEVERANCE, AND PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Dumphy, Gulley, and Zarsky voting, "Aye"; Kennedy, "present"; Turner and Hawkins, "absent". o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o Mayor Jones called for Consideration of Action by Motion from the Regular Agenda. *20. Consideration of the recommendation of the Municipal Arts •Commission that the proposed City Hall project cost include a minimum of one percent for permanent art in this public building. Council Member Gulley expressed his opinion by stating that while he approved of arts for the new City Hall building he would not want to commit this Council or any future Councils to any certain amount of funds for permanent art in this project. Council Member Kennedy concurred with Mr. Gulley by stating that he, * This item was withdrawn -- See page 8. Minutes Regular Council Meeting December 29, 1982 Page 8 too, would object to binding any future Councils to something that probably would not be absolutely necessary. Council Member Zarsky expressed his opinion by stating that the Council would have to approve the final art and he would have no problem with approving this motion. Council Member Dumphy stated that he would have no problem with approving the motion today but would not have any idea as to how much should be appropriated. City Manager Martin stated that he felt that the design of the building should include landscaping, art, fountains, etc. and suggested that perhaps this could be discussed with the developer to include art in the design phase. Motion by Council Member Gulley that item 20 be withdrawn as a discussion item but that the Council's discussion be referred to the developer; seconded by Council Member Dumphy and passed by the following vote: Jones, Dumphy, Gulley and Kennedy voting, "Aye"; Zarsky, "no"; Turner and Hawkins, "absent". 21. Approving the preliminary design approach for Main Drive as recommended in Staff's memorandum dated November 23, 1982. Gerald Smith, Director of Engineering, explained that under Voluntary Paving Improvements, the 1977 Bond Program included the reconstruction of Main Drive from Leopard to Sedwick Road adding that the project has not moved forward because of the drainage problems in the area. Mr. Smith briefly reviewed the various options available for a reasonable solution, one of which is to construct a minimum size storm sewer within Main Drive beginning at the southern end close to Sedwick Road. Mr. Smith further explained that this would afford the opportunity of reconstructing Main Drive and at least provide the residents in the area with standard curbs, gutters and sidewalks; the storm sewer would not provide for growth as it would not be sized to take care of any area that is vacant other than a small strip on either side of Main Drive and possibly some area along Leopard which is expected to develop; the remainder of the undeveloped land must eventually drain upon development; and that the present water will continue to flow in the natural direction toward Highway 44 except that which falls within Main Drive Subdivision. ,ates ..agular Council Meeting December 29, 1982 Page 9 Council Member Gulley questioned Mr. Smith further regarding the drainage problems. Mr. Smith explained that drainage would be going in an underground storm sewer under the median on Leopard Street. Council Member Zarsky noted that the bond issued approved $275,000 for this project. Mr. Smith explained that the outfall on Leopard on a limited scale would cost approximately $300,000 which is reasonably close to the available funds. City Manager Martin interjected by stating that the street project was included in the bond program as voluntary paving and the drainage will be constructed with CD funds. There were no comments from the audience in regard to this matter. A motion was made by Council Member Zarsky that Option V as recommended by the Engineering Staff be approved; seconded by Council Member Dumphy and passed by the following vote: Jones, Dumphy, Gulley and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken; Turner and Hawkins, "absent". o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o* Mayor Jones called for Consideration of Action by Ordinance on the following item: 22. Authorizing a contract with Emil Stefek in the amount of $59,973 for the moving of the Galvan House from its Waco Street location to the Bayfront Science Park, and appropriating $68,000 from the Multicultural Center Bond Fund for the contract award, contingencies, traffic sign and signal relocation expenses, and related work. Council Member Gulley expressed the opinion that it was very expensive to move this house. Gerald Smith, Director of Engineering, explained the receipt of bids for the moving of the Galvan House was scheduled twice, but unfortunately no bids were received. He explained that the Legal Department advised that it would be proper to consider awarding a contract for the moving of the Galvan House by negotiated bid price; City Staff had some discussion with a representative of American House Moving Company but has not heard from this firm; Mr. Emil Stefek, a local contractor, expressed an interest in moving the house for the lump sum price of $59,973; and that the work provided for in the Stefek proposal is the same work for which bids were advertised which includes Minutes Regular Council Meeting December 29, 1982 Page 10 not only the moving of the house but also the demolition of a portion of Resaca Street as well as the furnishing of brick faced concrete piers under the house at the Resaca Street location. Mayor Jones called for comments from the audience. Mr. Linvley, a local bonded house mover, addressed the Council and stated that he had not received an invitation to bid and was not contacted by the City to bid on the project. He stated he was an experienced, licensed and bonded house mover and would have bid on the project had he been notified. Mayor Jones inquired about a bidder's list for house movers, and Mr. Smith explained that the City did not have a list for bidding purposes but had prepared a list from those available in Corpus Christi, San Antonio and Alice. He also explained the procedure for advertising for this type of bid, stating that it had been advertised both times for three weeks in the Corpus Christi Caller -Times and still no bids were received. Mayor Jones inquired of Mr. Linvley why he had not seen it published in the newspaper and Mr. Linvley replied that he did not read the newspapers. Mr. Linvley also stated that he felt he could have saved the City some money had he been able to bid on the project because he has the proper equipment for the job. Mr. Beno Coffman, representing Mr. Emil Stefek, urged the Council to approve awarding the bid to Mr. Stefek as recommended by the staff since Mr. Stefek is a local, well-known and experienced contractor. Mr. Clifford Cosgrove, 3302 Olson, inquired as to how many houses the City plans to purchase for the Bayfront Science Park. City Manager Martin explained that there are five houses on site and that according to the Master Plan, at least three more could be accommodated in that area. Mr. Cosgrove then objected to the expenditure of funds for this purpose. There were no further questions in regard to this ordinance; Assistant City Secretary Zahn polled the Council for their votes; and the following ordinance was approved: 22. ORDINANCE NO. 17420: AUTHORIZING A CONTRACT WITH EMIL STEFEK FOR RELOCATION OF THE GALVAN HOUSE AND APPROPRIATING $68,000; AND DECLARING AN EMERGENCY. utes .,gular Council Meeting December 29, 1982 Page 11 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Turner and Hawkins, "absent". o*o*o*o*o*o*o*o*o*o*eo*o*o*o*o*o*o*o*o Mayor Jones then announced the public hearing on the following matter: 23. Amendment to Master Drainage Plan south & west of City by Rodd Field Road. Mr. Gerald Smith, Director of Engineering, displayed a transparency and explained the proposed minor revision which was generated as a result of the development of a 20 -acre tract at the northwest corner of Rodd Field Road and Wooldridge Road known as Windbrook Estates. Mr. Smith stated that the drainage plan was to delete a future open drainage ditch along the west side of Rodd Field Road between Wooldridge and Holly Roads and to drain an approximate 93 acre area, which would have drained into the Rodd Field Road ditch, westerly into an existing ditch known as the Mary Carroll ditch. He summarized by stating that the change can be accommodated by deleting the future Rodd Field Road ditch and shifting the present drainage boundary on this plate as being parallel to the Mary Carroll ditch easterly to Rodd Field Road. Council Member Zarsky questioned the north and south 'boundaries and expressed concern that if this is approved it might be considered gerrymandering for this developer and others might make the same request. Mr. Smith stated that in his opinion, it would not be considered gerrymandering. A motion was made by Council Member Kennedy that the public hearing be closed, seconded by Council Member Zarsky and passed unanimously. A motion was made by Council Member Kennedy to approve the amendment to the Master Drainage Plan as recommended by the Staff; seconded by Council Member Zarsky and passed by the following vote: Jones, Dumphy, Kennedy and Zarsky voting, "Aye"; Gulley, out of the Council Chamber at the time the vote was taken; Turner and Hawkins, "absent". o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o Mayor Jones next announced the public hearing on three zoning applications. Minutes Regular Council Meeting December 29, 1982 Page 12 Larry Wenger, Director of Planning, announced the public hearing on Application No. 1182-9, Krismer Contractors, Inc. for a change of zoning from "R-2" Multiple Dwelling District and "R-2" Multiple Dwelling District with "SP" Special Permit to "AB" Professional Office District on Lots 56, 57, 58, 59, 60 and 61 , Block 808, Port Aransas Cliffs, located on the east side of S. Alameda Street, approximately 75' north of Angel Avenue. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated the case was first heard before the Planning Commission on November 23rd. at which time a motion to deny the application ended with a tie vote; therefore, action was postponed and that on December 7, the case was considered again and the Planning Commission had approved the "AB" zoning. Mr. Wenger continued by stating that the Staff's recommendation for the Council is for denial because it is the Staff's opinion that a change of zoning on these lots could constitute spot zoning in an otherwise residential area and that the increased traffic generated could also reduce the carrying capacity of Alameda during rush hour traffic. Mr. Wenger summarized by stating that there were sufficient neighbors within the 200' radius of notification opposing the change to invoke the 20% rule. Mayor Jones then called on the applicant or his representative to speak. Mr. Harvey Grossman, representing Mr. Mike Krismer, the applicant, presented the Council with a site plan of the area and explained that the special permit that exists on the property is for a dentist office only; they desire to use the property for office space, but not limited to dentist use only; explained the renovations on both houses and expressed the opinion this would not constitute spot zoning since most of the buildings in existence in the immediate area are professional offices. Mr. Grossman summarized by stating that a special permit would not be helpful from a financing point of view and urged the Council to grant this request. Ms. Jan Patton, Group I Real Estate Broker, appeared in favor of the request and stated that it is her professional opinion that "AB" zoning in this particular area is appropriate and would not have an adverse effect on this neighborhood. tes uular Council Meeting December 29, 1982 Page 13 Council Member Kennedy questioned the statement previously made by Mr. Grossman in regard to unavailability of financing if issued a special permit as opposed to "AB" zoning and indicated he was unaware of this. Mr. Krismer, the applicant, spoke at this time and stated that the discussions that he has had with financing institutions is that there is a difficulty in loaning money on property for a specific use. Council Member Kennedy inquired if a special permit would require continued use for a specific type of profession, and Mr. Wenger replied that it would unless it was for a special permit for professional office use. City Manager Martin explained that a special permit would be preferable because it would be limited to a specific site plan. W. R. Metzger, M.D., 4840 S. Alameda, stated he was initially opposed to the zoning request because he felt that spot zoning threatened the residential nature of the neighborhood and the enjoyment of his property. Dr. Metzger stated that he has resided in this area for 30 years and does not want to move but would hate to see the neighborhood deteriorate. He further stated that he discussed this with Mr. Krismer prior to the meeting and Mr. Krismer has convinced him that he could sell his property for a large profit, therefore, at this point, he is not really for or against anything. Council Member Zarsky inquired of Dr. Metzger if he believed that area would improve if Mr. Krismer were to obtain "AB" zoning, and Dr. Metzger stated that he had just met Mr. Krismer this afternoon and is convinced that he would try to enhance the property the best way possible. Dr. Bill Whiteside who owns and operates a dentist office in the area, spoke on behalf of his neighbors speaking in opposition to the request stating that in their opinion, this is primarily a residential area and approval of this zoning would represent spot zoning. Council Member Kennedy expressed the opinion that "AB" zoning would be appropriate but that he would prefer that a special permit be approved. Council Member Gulley stated that in his opinion, professional offices established in residences improve the neighborhood. A motion was made by Council Member Kennedy to close the hearing and delay action until next week when a full Council is present; seconded by Council Member Zarsky; and passed unanimously. Minutes Regular Council Meeting December 29, 1982 Page 14 Mayor Jones explained to the applicant that it would require six votes to approve this zoning and there are only five Council Members present; therefore, this request will be considered next week when a full Council is present. Council Member Gulley further explained that even though the hearing is closed people could still speak on the ordinance next week. o*o*o*o*o*o*o*o*o*o*opo*o*o*o*o*o* Larry Wenger, Director of Planning, announced the public hearing on Application No. 1282-2, Mr. Mike Sheets, for a change of zoning from "R -1B" One -family Dwelling District to "T -1B" Mobile Home Park District on Lots 7, 9, 10, 11, 12, 13 and 14, Sharpsburg Addition, located on the southeast corner of Cynthia and Figueroa Streets. Council Member Gulley stated that he will abstain on this because of a possible conflict of interest since it involves mobile home parks. He then departed the Council Chamber. Mr. Wenger proceeded to say that both the Planning Commission and the Planning Staff recommend approval. He stated that of the notices of the public hearing mailed, one in favor and one in opposition had been returned. Mayor Jones determined that no one was present to speak in opposition to this zoning application. A motion was made by Council Member Dumphy that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. A motion was made by Council Member Dumphy that the Council concur with the recommendation of the Planning Commission and grant the requested "T -1B" zoning on Application No. 1282-2; seconded by Council Member Zarsky and passed. Assistant City Secretary Dorothy Zahn polled the Council for their vote on the ordinance and it passed as follows: 25. ORDINANCE NO. 17421: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MIKE SHEETS BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 7, 9, 10, 11, 12, 13 AND 14, SHARPSBURG ADDITION FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "T -1B" MOBILE HOME PARK DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Kennedy and Zarksy voting, "Aye"; Gulley, "abstaining"; Turner and Hawkins, "absent". o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o rtes rcegular Council Meeting December 29, 1982 Page 15 Mayor Jones stated that he would depart the Council Chamber prior to considering the following zoning application due to the fact that the applicant is related to him. Council Member Kennedy nominated Council Member Bob Gulley to serve as Mayor Pro Tem, seconded by Council Member Dumphy and passed by those present and voting. Larry Wenger, Director of Planning, announced the public hearing on Application No. 1282-3, Mr. Ken Combs, for a change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lot 1, Block 6, Koolside Addition, located at the northwest corner of Kimbrough Drive and Airline Road. Mr. Wenger stated that the Planning Commission and the Planning Staff recommend denial but in lieu thereof a special permit be granted for the intended uses; therefore, it will take five affirmative votes to grant the request. He stated that of the notices of the public hearing mailed, seven in favor and one in opposition had been returned. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area and stated that the applicant proposes to continue real estate operation and add an antique shop and that the staff is of the opinion that Airline Road should not be stripped with high, traffic -generating business type zoning from one end to the other, therefore, recommends a special permit as a workable solution. Acting Mayor Pro Tem Gulley called on the applicant to speak. Mr. Ken Combs stated that he and his wife propose to open the antique shop in a structure that they are currently renovating which was the original home of Mr. Roy Morgan, founder of this area of town. He stated that the house is believed to be about 80 years old and they have taken great care in keeping the integrity intact while renovating; he presented the Council with pictures of the property before and after renovation; the request for zoning is for an antique shop and retail outlet; stated that the special permit concerns him because of the time involved and the "B-1" use would give them the flexibility they need. Mr. Combs continued by stating that they would accept a special permit if the time problems could be worked out to extend it for three years; he expressed the opinion that the rezoning would not have a significant impact on the traffic since Airline Road is currently four lanes with a turning Minutes Regular Council Meeting December 29, 1982 Page 16 lane; and presented the Council with a map of the area showing "B-1" uses and urged the Council consider granting them the "B-1" request rather than a special permit. Mrs. Drue Combs, co-owner of the property, explained the problem she had with accepting a special permit stating that she is not sure it will develop as an antique shop and would not want to be limited to one thing. She stated the neighbors are not opposed to the zoning change. There were no further comments in regard to this application. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Zarsky and passed by the following vote: Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Jones, abstaining; Turner and Hawkins, "absent". Mrs. Combs inquired what the next procedure would be for the following week since the hearing was closed. Council Member Gulley explained the procedure by stating that a recommendation would be forthcoming to deny the request, but anyone could speak on the ordinance. A motion was made by Council Member Kennedy to postpone action until next week; seconded by Council Member Zarsky and passed by the following vote: Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Jones, abstaining; Turner and Hawkins, "absent". City Manager Martin explained that there will be a motion to deny the application on the agenda next week but a vote to approve the special permit could be made at this time. He stated, however, that passage of the ordinance would require five affirmative votes. He informed the Council that the ordinance would be on the agenda after an approved site has been submitted. Council Member Gulley requested further explanation of a three year site plan. Mrs. Combs indicated that she would like to have several uses included in the special permit. Mr. Wenger stated that the special permit could be approved for three years and limited to the uses mentioned by Mrs. Combs. A motion was made Council Member Kennedy to approve the special permit subject to submission of a site plan; seconded by Council Member Zarsky and gates _gular Council Meeting December 29, 1982 Page 17 passed by the following vote: Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Jones, abstaining; Turner and Hawkins, "absent". Mayor Jones returned to the Council Chambers. 0*o*0*0*0*0*0*0*0*0*0*0*0*0*0*0*0*0 Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Jack Gordy, 5802 Everhart, objected to unmarked City vehicles and also reported City vehicle #1736 assigned to the Utility Department is frequently parked in the 4900 block of Weber at all hours of the day and night. Reverend G. A. Summers, 542 Caribbean, appeared pursuant to his previous appearance before the City Council urging the Council's support of legislation under consideration to discourage topless bars. City Manager Martin explained that there will be a resolution on the agenda next week for Council consideration endorsing Senate Bill 46 which authorizes cities and counties to regulate businesses which sell or serve alcohol and in which employees engage in conduct intended to sexually stimulate or gratify customers of the business. Mayor Jones thanked Reverend Summers for his presence and assured him that there will be seven votes in support of the resolution mentioned. There being no further business to come before the Council, on motion by Mayor Jones, seconded by Council Member Gulley and passed unanimously, the Regular Council Meeting as adjourned at 6:30 p.m., December 29, 1982. 1, LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of November 3, 1982 thru November 24, 1982, inclusive, and having been previously approved by Council action, are by me hereby approved as itemized. November 3, 1982 - Regular Council Meeting November 10, 1982 -. Regular Council Meeting November 17, 1982 - Regular Council Meeting November 24, 1982 - Regular Council Meeting