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HomeMy WebLinkAboutMinutes City Council - 04/28/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 28, 1982 ' 2:00 P. M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: * Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky ABSENT: Council Member Jack K. Dumphy Council Member Bob Gulley 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 Dr. Vernon Elmore of First Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Charles Kennedy. 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: "DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST" - April 18 - 25, 1982; "PRIVATE PROPERTY WEEK -'April 18 - 25, 1982; "CLEAN AIR WEEK" - May 2 - 8, 1982 and "ARTHRITIS MONTH" - May, 1982. A motion was made by Mayor Pro Tem Turner that the Minutes of the Regular Council Meeting of April 21, 1982 be approved as presented; seconded by Council Member zarsky and passed unanimously. Mayor Jones administered the oath of office to the following newly appointed members of the Board of Adjustment: Mr. Claudio Herrera and Mr. W. B. Andrew. MLCRO JLMED S�'P1.0 1964 Minutes Regular Council Meeting April 28, 1982 Page 2 Mayor Jones called for confirmation of actions taken during the Workshop Meeting of April 28, 1982, as follows: Confirming the appointment of Melvyn Klein as Chairman of the Municipal Industrial Commission. A motion was made by' Mayor Pro Tem Turner that the foregoing appointment be confirmed, seconded by Council Member Kennedy and passed unanimously. City Manager Edward Martin called the Council's attention to the substitute wording for the ordinance on the agenda amending the City Code as to comply with the City Charter in regard to the meetings of the City Council. Mr. Martin explained that the necessity to do so became apparent when the Council changed the place of the Council Meeting to the Bayfront Plaza Auditorium on May 19 for the CP&L hearing. A motion was made by Mayor Pro Tem Turner to bring forth the amended ordinance caption, seconded by Council Member Kennedy. Council Member Zarsky questioned the wording as set forth in the supplement to the agenda, noting in particular that the place of meeting and called meetings may be designated by the Mayor, the Mayor Pro Tem, the City Manager or by a majority of the members thereof. City Attorney J. Bruce Aycock explained that this is similar to the language currently in the Code which allows for those mentioned to call meetings. Mr. Martin pointed out that the only change is deleting the specification of Wednesday. afternoon at 2:00 p.m. City Secretary Read further explained that the City Code and the City Charter allow meetings to be called by the Mayor, the Mayor Pro Tem, the City Manager or by a majority of the members in order to comply with the Open Meeting Law and allow time for 72 -hour notice of meetings. He pointed out that in some cases, the City Manager or the Mayor might be the only ones available to call a meeting. City Manager Martin pointed out that if the Council did not agree to a meeting set in this manner, they could just not attend and a quorum would not be present for a particular called meeting. The motion to approve passed by the following vote: Jones, Turner, Kennedy and Zarsky voting, "Aye"; Dunphy and Gulley, absent from the meeting; Hawkins, absent at the time the vote was taken. ********* Re., lr Council Meeting April 28, 1982 Page 3 Noting the presence in the audience of Mr. Ed Harte, Mayor Jones suggested that the Council consider item J-6 at this time. 6. An 18 -foot high bronze sailfish sculpture to be donated to the people of Corpus Christi by the Corpus Christi Caller Times Publishing 'Company be accepted. The Municipal Arts Commission, the Landmark Commission, and the Park and Recreation Board recommend acceptance of this art work. It is also recommended that the Council approve locating the sculpture in the circular median at the intersection of Schatzel Street and Shoreline Boulevard. In addition, the Landmark Commission be asked to recommend another site for the historical marker commemorating the construction of the seawall which is presently located on that site. (See staff memo) #9 Mayor Jones then called on Mr. Harte for any remarks that he would care to make. Mr. Harte stated that he was present to represent the Corpus Christi Caller -Times and explained that they were considering a way to commemorate their 100th Anniversary and decided to commission a local sculptor, Mr. Kent Ullberg to create a 14 -foot high sailfish to be placed on a 7 -foot masonry base to be located at the circular median at the intersection of Schatzel Street and Shoreline Boulevard. Mr. Harte noted that this would be the Corpus Christi Caller -Times gift to the citizens of this City. Mayor Jones expressed appreciation to the Caller -Times for donating this work of art and stated that he hoped that it would generate interest so that other private firms might consider donating art to the City. Mr. Harte stated that they hoped to have the statue in place by January 23, 1983. A motion was made by Council Member Zarsky to accept this gift from the Corpus Christi Caller -Times, seconded by Mayor Pro Tem Turner and passed by the following vote: Jones, Turner, Kennedy and Zarsky voting, "Aye"; Dumphy and Gulley, absent; Hawkins, absent at the time the vote was taken. Mayor Jones called for consideration of other actions of the City Council by motion as follows: 1. Plans and specifications be approved and bids be received May 26, 1982 for the North Corpus Christi Beach Parking Lot project. This project consists of the construction of a 49 space parking lot at the north end of Corpus Christi Beach at the location of the recently completed comfort station. The parking lots would serve both the comfort station and the park users along this portion of Corpus Christi Beach. (See staff memo) #6 Minutes Regular Council Meeting April 28, 1982 Page 4 2. A deferred sidewalk agreement be approved relative to the development of the 113 acre business park known as 100 South Padre. The developer, Sitterle and Companies, requested a sidewalk deferment before the City Council on March 3, 1982, and proposes on initial construction to build all streets within the subdivision but would only plat 20% of the subdivision. The agreement provides for: a. Initial sidewalk construction on one side of a through street for 85% of the distance from Bear Lane to Old Brownsville Road. b. All other required sidewalk to be constructed within 27 months of the subdivision plats being filed for record. c. All sidewalk within the 113 acre subdivision would be completed no later than by June 30, 1986. d. A letter of credit of $85,500 would be provided by the developer to insure the completion of remaining sidewalks with the provision that the City would have the right to draw on the letter of credit to construct sidewalks should the developer fail to do so. The subdivision is bounded by Bear Lane, South Padre Island Drive and Old Brownsville Road. (See staff memo) #7 3. Authority be granted to submit a grant application to the Texas State Library for La Retama to continue as the Major Resource Center for the South Texas Library System and to execute the contract related to the grant. The grant is for $446,471 in State Library System Act funds for the period September 1, 1982 through August 31, 1983. No local funds are involved. The grant covers six programs of service: Media $207,784 System Development 78,739 Reference Back-up 66,899 Collection Development 47,922 Public Relations 30,542 Mail -A -Book 14,585 $446,471 (See staff memo) #8 4. Three modular wood and metal play systems be purchased from Vaughn & Associates, Dallas, on the basis of low bid meeting specifications of $12,660. The play systems will be placed in St. Andrews Park, Lamar Park, and South Bluff Park as part of 'the Neighborhood Park ,cImprovements included in the 1977 Bond Election. The St. Andrews Park Association will reimburse the City for one-half the cost of the play system for that park. The apparent low bid of $9,690 by Park Structures of America of Pompano Beach, FLorida did not meet specifications concerning the number of play decks and accessories such as elides, climbing poles and ladders. Bids were received from five firms. 5. Bids be received May 25, 1982 for a five year lease for bait concession and other related items, using facilities provided by the City located on the "L" Head. The bidder will be required to bid on a percentage of gross sales basis. The bait stand is presently being reconstructed after being completely destroyed by Hurricane Allen. 7. 1,000 gals. of cythion insecticide (premium malathion) for use by the Health Department in mosquito control be purchased from American Cyanamid Co., Wayne, New Jersey, for $15,640 on the basis of low bid. Bids were received from two firms. Price comparison shows an increase of 11%. :es kcyular Council Meeting April 28, 1982 Page 5 8. A change order be issued to the contract with Creveling Dodge to add one replacement 3/4 -ton window van for Data Processing. The van will replace a 1978 subcompact in need of major repairs. A van is more suitable to transporting computer equipment and reports between terminal sites. Creveling Dodge has agreed to sell the van at the same low bid price of $8,764.05 submitted recently on the purchase of a similar van. (See staff memo) #10 9. A twelve months supply agreement for printing paper be awarded to the following firms on the basis of low bid meeting specifications: Century Papers, Corpus Christi 13,490 reams of bond and NCR paper and 10,000 sheets of colored coverstock $36,592.90 Monarch Paper Co., Corpus Christi 800 reams of printing paper 20,000 sheets of white coverstock $ 2,584.00 4,841.00 Subtotal- $ 7,425.00 Grand Total - $44,017.90 The apparent low bids of $2,240 by Century Paper Company and $3,800 by Butler Paper Company of Corpus Christi on the white coverstock is not recommended because the stock cover bid does not meet weight specifications. Bids were received from three firms. Price comparison shows an increase of 23% over the previous contract of April, 1981. 10. The appointment of Fox & Co., Certified Public Accountants, be approved to perform the audit of the July 31, 1981, Section 15 (FARE) required by the Department of Transportation, Urban Mass Transit Administration, for a fee not to exceed $1,500. The audit is a requirement for the receipt of operational and capital improvement grants. 11. Mr. Charles J. Daley, Assistant Director of Finance, be approved as a countersigner of City checks in accordance with Article IV, Section 8 of the City Charter. This action is being recommended because the current Director of Finance is planning to retire on July 31, 1982 and lead time is needed to have a new signature plate prepared with Mr. Daley's name on it until the Director of Finance position can be filled. Mayor Jones called for comments from the Council on these items. Mayor Jones referred to item 2 in regard to the deferred sidewalk agreement relative to the development of the business park at 100 South Padre and inquired if Sitterle and Company had agreed to these terms. Mr. Martin stated that they do not agree but this was the best plan that could be worked out. Mayor Jones called for comments from the audience on items in this portion of the agenda. Mr. Bryan McDonough, representing Sitterle and Company, developers of 100 South Padre Industrial Park, explained that they have had a very good working arrangement with the City Council. He stated that they are in agreement with Minutes Regular Council Meeting April 28, 1982 Page 6 the Staff recommendation as presented in item 2 with the exception of the first paragraph and an additional paragraph that they would like to have placed back in the agreement. He explained further that they object to the requirement for the immediate construction of sidewalks side of a through street for 85% of the distance from Bear Lane to Old Brownsville Road. He stated that they would like to defer this for twenty-seven months because during the initial development of the project, they have to develop the physical streets, sewer, etc. and when they go into vertical construction, it will be at least eight months before any tenants occupy the buildings. He expressed the opinion that during that period there is no need to have sidewalks. Mr. McDonough explained that the paragraph that they would like to have included in the agreement pertained to the fact that they would be allowed to appear before the City Council on an appeal for arbitration of any items with which they did not concur. He explained that the Staff did not feel that this paragraph was necessary because it is the basic right of all citizens to appear before the Council. City Manager Martin reminded the Council that they had very explicitly stated that those sidewalks that serve the school should be installed and the Staff is just following the directions of the City Council which were issued during the previous hearing. He explained also that the Staff feels that the developer always has the right to appear before the Council at any time; therefore the paragraph pertaining to arbitration is not really necessary. Mr. Gerald Smith, P.E., Acting Director of Engineering and Physical Development, concurred with ,City Manager Martin's remarks and stated that it was also his understanding that this particular portion of the sidewalk was to be constructed specifically to serve West Oso High School. He stated that everyone involved agreed that the date of June 30,.,1986 should be the date to complete all of the sidewalks. Mr. Martin pointed out that the Staff is only requesting 12% of the sidewalks to be constructed at this time which is a significant compromise from the 100% required by the ordinance. Council Member Zarsky commented that this is a major deviation from the ordinance and he agreed that this is a good compromise. He inquired if this would be a policy issue or just an exception in this particular case. Mir, Regular Council Meeting April 28, 1982 Page 7 Mr. Martin replied that this is for this one subdivision only, but the Staff will continue discussing the policy in regard to sidewalks in industrial subdivisions. Mayor Jones noted that action taken by the Council on this item may establish a precedent. There were no further comments from the audience on these items. A motion was made by Mayor Pro Tem Turner that items 1 through 11, with the exception of Item 6 which was previously approved, be approved; seconded by, Council Member Kennedy and passed by the following vote: Jones, Turner,1 Hawkins, Kennedy and Zarsky voting, "Aye"; Dumphy and Gulley, absent. ********** Mayor Jones called for actions of the City Council by ordinance. Mayor Jones called for an explanation of the first reading of Ordinance No. 1, a., which prohibits parking at all times on a number of City streets. Mr. David Seiler, Senior Engineer, explained the reasons for the recommendation to prohibit parking on several of the streets, and Mr. Tom Stewart, Director of Traffic and Transit, explained the other situations. Mayor Jones suggested two other locations which the Traffic and Transit Department might consider to prohibit parking: (1) Morgan Street just after you cross Staples Street, and (2) a problem at Six Points on Ayers Street. Mr. Stewart explained to the Mayor that the Staff had discussed the prohibition of parking in the Six Points area, but the business owners protested the "no parking" and the Traffic Safety Advisory Board hesitated to recommend a complete parking prohibition. Mr. Seiler concurred and stated that they are studying both of those areas but they are attempting to first prohibit parking at the high accident rate streets. Council Member Kennedy mentioned another traffic problem at the intersection of 19th Street and Morgan Street where motorists turn left going to Memorial Hospital. He explained that the street narrows at this point; there are no signs far enough back to warn motorists that the left -turn lane is coming up; and some motorists drive straight through this street without turning left. He suggested that these be more clearly marked. Mr. Stewart assured Dr. Kennedy that the warning signs will be repainted. Minutes Regular Council Meeting April 28, 1982 Page 8 Council Member Kennedy also suggested better coordination of signalization going north on IH 37. Mr. Stewart stated that he was aware of that problem and the Staff is attempting to get this corrected. Mayor Pro Tem Turner referred to the second reading of the resolution endorsing the concept of a museum of oriental cultures in the Bayfront Science Park and stated that she wanted to emphasize the fact that there may not be adequate parking if this museum is located there. She suggested that a master plan for the Bayfront Science Park be approved before the Council approves any other buildings to be located there. City Manager Martin agreed that this is a problem and stated that the only way the Council can prevent this is by not voting on this resolution. He reminded the Council that the Japanese Art Museum had originally requested that their museum be located on top of a parking garage and at the time they appeared before the Council they just asked that a place be reserved for them somewhere in the Bayfront Plaza area. Mayor Jones expressed the opinion that the Council should not change their minds at this time because if the resolution is not approved, this would adversely affect the fundraising events of the Japanese Art Museum. Council Member Zarsky stated that it was his understanding that the Council did not promise that the Japanese Art Museum would be built in Bayfront Science Park because there are other areas adjacent to the Bayfront Science Park vicinity which might be considered. There were no comments from the audience on the ordinances. ** Council Member Cliff Zarsky departed the Council Chamber at 3:20 p.m. prior to the consideration of the following zoning matter: Assistant City Manager Tom Utter announced the public hearing on Application No. 382-14, Gulfway Shopping Center, for a change of zoning from "FR" Farm -Rural District to "B-4" General Business District on Tract 1, "A-2" Apartment House District on Tract 2, and "A-1" Apartment House District on Tract 3, all tracts out of Lot 8, Section 12, and lots 1 and 2, Section 19, Flour Bluff and Encinal Farm & Garden Tracts, located at the southeast corner of Holly and Airline Roads. :es ..lar Council Meeting April 28, 1982 Page 9 Mr. Utter noted that the Planning Commission recommends denial but in lieu • thereof that "8-4" General Business District be granted on Tract 1, "A-1" on Tract 2 and "R-2" Multiple Dwelling District on Tract 3 and that the Staff recommends denial but in lieu thereof that "R-2" be granted on Tract 3 as well as a portion of Tract 2 to act as a buffer to the "R -1B" zoning to the east, that "A-1" zoning be granted on the remainder of Tract 2 and that "8-4" be granted on Tract 1. He informed the Council that 54 notices of the public hearing had been mailed and five in favor and ten in opposition had been returned. Mr. Larry Wenger, Acting Director of the Planning Department, located the area on the zoning and land use map stating that the area is vacant; described the land use in the surrounding area; and showed slides of the area. He pointed out the changes that the Planning Commission recommends in lieu of the requested zoning and those that the Planning Staff recommends. Mayor Jones invited the applicant to speak. Mr. Bill Brown, 4745 Ocean Drive, representing Gulfway Shopping Center, stated that they have owned this land for about fifteen years. He displayed before the Council a site plan of the proposed development and stated that they plan to install a strip type shopping center on Tract 1. He also stated that they have revised their plat to install "R-2" development on Tract 3 to protect the residents of the Meadows Subdivision. He also pointed out the location of land they plan to donate for a park which will adjoin the park in the Meadows Subdivision. He expressed the opinion that this would provide an adequate buffer between the "A-2" zoning requested and the "R -1B" zoning in the subdivision. He also stated that he felt that there would be a major collector street to connect Airline Road to the Meadows Subdivision in the future, and if this street is required, the portion of Tract 2 would be of little use with zoning of "R-2" as recommended by the Planning Staff. Mr. Brown expressed the opinion that high density apartments are needed in that area in view of the number of large business firms that are being constructed in the vicinity and the shortage of apartments that exist in the City. Mayor Pro Tem Turner inquired if the developer would even consider accepting the zoning of "R -1B" on Tract 3, and Mr. Brown stated that they had not even consider that. He assured the Council that they planned to develop Minutes Regular Council Meeting April 28, 1982 Page 10 "R-2" zoning themselves and they would be allowed to construct fourteen units per acre which they feel would provide a good buffer between the "A-2" zoning requested and the existing subdivision. He stated that they would also install two streets on this tract of land. Mr. Utter mentioned the fact that Traffic and Transit had performed a study of the traffic patterns on Holly Road and they feel that it will not be overcrowded by the zoning recommended by the Planning Staff. Mr. Brown informed the Council that they have discussed the railroad crossing with Tex-Mex Railroad and they will comply with their requirements for ingress and egress. Mrs. Dana Davis, who resides on Lyons Street, pointed out a wooded area that she owns across the ditch from her home and inquired if this zoning could be changed also. Mayor Jones stated that this zoning case is limited to the owners who have applied for the change of zoning. He informed Mrs. Davis that she'could ask for a change of zoning by making a request and paying the fee through the Planning Department. Mr. Donald Greene, architect on the project, pointed out that because of the changing lifestyles and economic conditions, they feel that higher density is necessary. He noted the great need for apartment and multiple family dwellings which would pass on a savings to the ultimate user of the apartments or dwellings. Mr. Greene also expressed the opinion that higher density around the proposed shopping center would make it possible for the people who live there to walk to the shopping area. He stated also that he felt that the "R-2" zoning would provide a good buffer, but if the Staff recommendation is approved and it is necessary to construct a street all the way through to Airline, it would make it preferable to have "A-2" tracts with a park included in the area to act as a buffer. Council Member Kennedy expressed the opinion that the current plan that the architect has prepared and the width of the existing park and the proposed addition to the park would provide adequate protection for the owners of the single-family dwellings in the Meadows. f Min......s Regular Council Meeting April 28, 1982 Page 11 Speaking in opposition to the request was Mr. Roy Jarbeaux, 2218 Meadowlight. He pointed out that nine letters in opposition to the change of zoning had been returned and only three in favor, and those who were in favor of it do not even live in the area. Mr. Jarbeaux expressed concern that traffic problems would be increased with such high density development. Mr. Wenger reviewed the number of units allowed under various zoning, stating that "R -1B" allows seven units per acre; "R-2" allows fourteen units per acre; and "A-2" allows twenty-one units per acre. Council Member Kennedy expressed the opinion that if this land is developed and a street goes to Airline, the residents of the Meadows Subdivision would benefit. Mayor Pro Tem Turner inquired if a street definitely will be cut through as a part of the platting process, and Mr. Wenger replied that the City requires that stub streets be continued when another subdivision is constructed adjacent to an existing subdivision. Mrs. Gloria Zuniga, 2929 Meadowlight, also expressed opposition to the zoning because she was apprehensive that her privacy would be invaded if apartment buildings are constructed at the rear of her property. She also expressed the opinion that Holly Road cannot handle any additional traffic. 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 Kennedy and passed unanimously. Mayor Jones stated that he concurred with the following zoning: Tract 1 zoned "8-4"; Tract 2 zoned "A-1"; and Tract 3 zoned "R-2". He stated that he felt that the park would provide a buffer between the residential development and the multiple -family development and the street proposed to be cut through to Airline would eliminate the use of some of the developer's land. A motion was made by Mayor Pro Tem Turner that the Council deny Application No. 382-14, but in lieu thereof, that the request be approved as follows: Tract 1, "B-4"; Tract 2, "A-1"; Tract 3, "R-2" as recommended by the Planning Commission; seconded by Council Member Hawkins. Mayor Jones suggested that the Council ask the applicant if this zoning would be acceptable. Minutes Regular Council Meeting April 28, 1982 Page 12 Mr. Brown stated that he would like to offer an alternative in that they would accept the zoning of "A-2" to the proposed street location, "A-1" zoning south of the street and "R-2" on Tract 3 with "B-4" on Tract•l. He informed the Council that they have a developer from Houston who is ready to build apartments in the "A-2" area. Mr. Utter pointed out that if all of Tract 2 is zoned "A-1", 386 units could be constructed which would be an increase of about 130 'units over the Staff recommendation. Mr. Wenger stated that he would not recommend the higher density. Council Member Hawkins withdrew his second to Mayor Pro Tem Turner's motion and that motion died for lack of a second. A motion was made by Council Member Hawkins that the Council concur with the alternative plan Mr. Brown proposed and zone Tract 1 "8-4"; the portion of Tract 2 to the location of the proposed street "A-2"; the portion of Tract 2 to the south "A-1"; and Tract 3 to be zoned "R-2". This motion was seconded by Mayor Pro Tem Turner and passed by the following vote: Jones, Turner, Hawkins and Kennedy voting, "Aye"; Zarsky, absent from the Council Chamber at the time the vote was taken; Dumphy and Gulley, absent. ** Council Member Zarsky returned to the Council Table at 4:28 p.m. ********** Assistant City Manager Utter announced the public hearing on Application No. 382-16, KUNO Radio, Inc., for a change of zoning from "R-18" One -family Dwelling District and "8-1" Neighborhood Business District to "B-4" General Business District on the north 200' of Lot 6, Lyles Subdivision located on the south side of Horne Road east of the 100' drainage easement. Mr. Utter stated that both the Planning Commission and the Planning Staff recommend approval. Mayor Jones ascertained that no one in the audience wished to speak on this application. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Council Member Hawkins that the zoning on Application No. 382-16 be approved as recommended by the Planning Commission and Planning Staff; seconded by Mayor Pro Tem Turner; and passed unanimously. • es k,.,lar Council Meeting April 28, 1982 Page 13 Mr. Utter announced the public hearing on Application No. C382-17, City of Corpus Christi, for a change of zoning from "I-2" Light Industrial District to "R-18" One -family Dwelling District on the south 35' of Lots 27 - 30, Block 6, Steele Addition, located on the east side of Bluntzer Street approximately 56' south of Agnes Street. Mr. Utter informed the Council that both the Planning Commission and the Planning Staff recommend approval. Mayor Jones determined that no one in the audience desired to speak on this zoning application. A motion was made by Council Member Zarsky that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Council Member Kennedy that the zoning of "R -1B" be approved for Application No C382-17, as recommended by the Planning Commission; seconded by Council Member Hawkins; and passed unanimously. Assistant City Manager Utter announced the public hearing on Application No. C382-18, City of Corpus Christi, for a change of zoning from "B-2" Bayfront Business District to "A-2" Apartment House District on Lots 1 - 7, Block 85, Mariner's Cay #1, located on the south side of Jackfish Avenue approximately 300' west of Padre Island Drive. Mr. Utter informed the Council that both the Planning Commission and the Planning Staff recommend approval and that of the 24 notices of the public hearing mailed to property owners, two in favor and none in opposition were returned. No one spoke in regard to this application. Council Member Zarsky inquired about the reason for this change of zoning. Mr. Wenger located the area on the zoning and land use map and stated that they are using a portion of the multiple -family area for parking in the setback area. He also pointed out that across the street is an area zoned for single-family dwellings; therefore, it seemed reasonable that rather than approving "B-2" zoning, the zoning of "A-2" would be preferable to be compatible with the zoning on the adjacent lot. He then showed slides of the area. A motion was made by Council Member Zarsky that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. Minutes , Regular Council Meeting April 28, 1982 Page 14 A motion was made by Council Member Zarsky that the Council approve the zoning of "A-2" on Application No. C382-18 as recommended by the Planning . Commission; seconded by Council Member Hawkins; and passed unanimously. ********** Mayor Jones announced the public hearing on the following matter: Contractual annexation of 1.3 acres located 200' north and parallel to Farm Road 624 immediately west of the Calallen High School Tract. This property and an adjacent 2.5 acre tract inside the City was recently granted a special permit for a banking operation. Assistant City Manager Utter explained that part of this owner's property is inside the City limits and the owner wants to contractually annex this portion of the tract. No one spoke in regard to this public hearing. A motion was made by Council Member Zarsky that the hearing be closed, seconded by Council Member HaWkins and passed unanimously. A motion was made by Council Member Zarsky that the Council approve this contractual annexation, seconded by Council Member Hawkins and passed by the following vote: Jones, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, out of the Council Chamber at the time the vote was taken; Dumphy and Gulley, absent. City Manager Martin referred to the discussion item on the Workshop Agenda in regard to sidewalk deferment for industrial subdivisions. He pointed out to the Council that they could make that decision now or the Staff could prepare alternate ordinances for next week's agenda. He reminded the' Council that they had requested the Planning Commission to provide a recommendation pertaining to sidewalks in industrial subdivisions and they had made a recommendation that in essence states that sidewalks are not needed in all industrial subdivision and each individual subdivision would be examined to see if there is a reason for the sidewalks to be installed. He informed the Council that the Staff, however, feels that the developer should be required to install the sidewalks, and if in individual situations, there is a reason why the sidewalks are not needed, the sidewalk requirement could be waived or the developer could appeal this to the Council. The Council indicated their concurrence to have the two versions of the ordinance under consideration next week. as h__iar Council Meeting ,April 28, 1982 W4,40age 15 ********** City Secretary Read polled the Council for their votes on the ordinances, and the following were approved: FIRST READING: AMENDING SECTION 53-252, SCHEDULE II, PARKING PROHIBTED AT ALL TIMES ON CERTAIN STREETS, BY ADDING AND DELETING VARIOUS STREETS AS MORE FULLY SET FORTH HEREINAFTER. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Hawkins, Kennedy and Zarsky voting, "Aye"; Dunphy and Gulley, absent. FIRST READING: AMENDING THE CODE OF ORDINANCES TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR OPERATING LIMOUSINE AND SIGHTSEEING SERVICES. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Hawkins, Kennedy and Zarsky voting, "Aye"; Dumphy and Gulley, absent. ORDINANCE NO. 17004: APPROPRIATING $1900 FOR THE CITY'S SHARE OF ADDITIONAL COSTS FOR LAREDO AND AGNES STREETS, PORT AVAENUE TO CHAPARRAL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Hawkins, Kennedy and Zarsky voting, "Aye"; Dumphy and Gulley, absent. ORDINANCE N0. 17005: CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREET: N. Shoreline Boulevard, from Canal Avenue to Coastal Avenue, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COSTS OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT; 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, Turner, Hawkins, Kennedy and Zarsky voting, "Aye"; Dunphy and Gulley, absent. ORDINANCE NO. 17006: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH A. ORTIZ ASPHALT PAVING COMPANY FOR RECONSTRUCTION OF NORTH SHORELINE BOULEVARD IMPROVEMENTS AND APPROPRIATING $598,000 FOR THE CONTRACT, ENGINEERING AND RELATED EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Hawkins, Kennedy and Zarsky voting, "Aye"; Dunphy and Gulley, absent. ORDINANCE NO. 17007: AUTHORIZING PURCHASE OF SIGNALIZATION EQUIPMENT FOR THE OCEAN DRIVE/ELIZABETH DRIVE INTERSECTION AND APPROPRIATING $6,414 THEREFOR; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting April 28, 1982 Page 16 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Hawkins, Kennedy and Zarsky voting, "Aye"; Dumphy and Gulley, absent. ORDINANCE NO. 17008: AUTHORIZING EXECUTION OF A CONTRACT WITH IMPERIAL MILL AND FIXTURES TO CONSTRUCT "THE RANCH EXHIBIT" AT THE CORPUS CHRISTI MUSEUM AND APPROPRIATING $7,800 THEREFOR; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by ,the following vote: Jones, Turner, Hawkins, Kennedy and Zarsky voting, "Aye"; Dumphy and Gulley, absent. ORDINANCE NO. 17009: AMENDING THE MASTER SANITARY SEWER PLAN FOR THE SOUTHERN AREA OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Hawkins, Kennedy and Zarsky voting, "Aye"; Dumphy and Gulley, absent. ORDINANCE NO. 17010: AMENDING SECTION 2-20 OF THE CITY CODE SO AS TO COMPLY WITH THE CITY CHARTAER TO ALLOW MEETINGS AT LEAST ONCE A WEEK AT CITY HALL OR AT SUCH OTHER GOVERNMENTALLY OWNED PLACE WITHIN THE CORPORATE LIMITS AND AT SUCH OTHER TIME AS DESIGNATED BY THE MAYOR, THE MAYOR PRO TEM, THE CITY MANAGER OR BY A MAJORITY OF THE MEMBERS THEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Hawkins, Kennedy and Zarsky voting, "Aye"; Dunphy and Gulley, absent. SECOND READING: CHANGING THE NAME OF 14TH STREET, BETWEEN SOUTH STAPLES AND AYERS STREETS, TO BUCKAROO TRAIL. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Turner, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, "Nay"; Dunphy and Gulley, absent. SECOND READING: AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, TO PROHIBIT PARKING AT ALL TIMES ON OCEAN DRIVE (WEST SIDE) BETWEEN CRAIG STREET AND SOUTH LOUISIANA STREET; AMENDING SECTION 53-253, SCHEDULE IV, STOPPING, STANDING OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS BY DELETING REFERENCE TO OCEAN DRIVE (WEST SIDE) BETWEEN CRAIG STREET AND COLE STREET, EXCEPT BETWEEN AYERS STREET AND ELIZABETH ST. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Hawkins, Kennedy and Zarsky voting, "Aye"; Dumphy and Gulley, absent. SECOND READING: AUTHORIZING AN AMENDED AGREEMENT WITH RUST PROPERTIES FOR THE LEASING OF CERTAIN AERIAL AND UNDERGROUND PREMISES. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Hawkins, Kennedy and Zarsky voting, "Aye"; Dumphy and Gulley, absent. • �., ,utes Aar Council Meeting _il 28, 1982 Page 17 SECOND READING: RESOLUTION ENDORSING THE CONCEPT OF A MUSEUM OF ORIENTAL CULTURES IN THE BAYFRONT SCIENCE PARK, TO BE OPEN TO THE PUBLIC AND TO BE OPERATED ON A NONPROFIT BASIS; AND EXPRESSING THE INTENTION OF THE CITY COUNCIL TO PROVIDE A SITE IN THE BAYFRONT SCIENCE PARK FOR THE MUSEUM OF ORIENTAL CULTURES. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "abstained"; Dumphy and Gulley, absent. SECOND READING: PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI TO THE CITY OF PORTLAND OF ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN CERTAIN TRACTS OF LAND, BY MUTUAL AGREEMENT, MARKED EXHIBIT "A"; PROVIDING FOR PUBLICATION; PROVIDING A REPEALING CLAUSE: AND PROVIDING SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Hawkins, Kennedy and Zarsky voting, "Aye"; Dumphy and Gulley, absent. THIRD READING - ORDINANCE NO. 17011: CLOSING THE 1200 THROUGH 1600 BLOCKS OF NORTH SHORELINE BOULEVARD TO VEHICULAR TRAFFIC FROM JULY 19, 1981, 8:00 A.M. THROUGH NOON, JULY 27, 1982, AND GRANTING THE EXCLUSIVE USE OF THE MUNICIPAL PARKING LOTS TO THE FERIA HISPANICA SPONSOR FROM JULY 23, 1982, THROUGH SUNDAY, JULY 25, 1982, AND PERMITTING THE USE OF STREETS, SIDEWALKS, MEDIANS, SEAWALL AND FOUR MUNICIPAL LOTS FOR THE SAID FERIA HISPANICA SPONSORED BY THE MEXICAN UNITY COUNCIL OF CORPUS CHRISTI; AUTHORIZING EXECUTION OF ATTACHAED APPLICATION PERMIT. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Hawkins, Kennedy and Zarsky voting, "Aye"; Dumphy and Gulley, absent. THIRD READING - ORDINANCE NO. 17012: CHANGING THE MEMBERSHIP OF THE AIRPORT BOARD TO CONSIST OF SEVEN MEMBERS SERVING THREE-YEAR, STAGGERED TERMS. The foregoing ordinance was read foar the third time and passed by the following vote: Jones, Turner, Hawkins, Kennedy and Zarsky voting, "Aye"; Dumphy and Gulley, absent. There being no further business to come before the Council, on motion by Turner, seconded by Kennedy and passed unanimously, the Regular Council Meeting was adjourned at 4:48 p.m., April 28, 1982. ,1 .f I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of March 3, 1982, through March 31, 1982, inclusive, and having been previously approved by Council action, are by me hereby approved as itemized. March 3, 1982 - Regular Council Meeting March 10, 1982 - Regular Council Meeting March 17, 1982 - Regular Council Meeting March 24, 1982 - Regular Council Meeting March.24, 1982 - Special Council Meeting March 31, 1982 -.Regular Council Meeting _ Luther MAYOR d(