Loading...
HomeMy WebLinkAboutMinutes City Council - 03/02/1983I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of March 2, 1983 thru March 30, 1983, inclusive and having been previously approved by Council action, are by me hereby approved as itemized. March 02, 1983 - Regular Council Meeting March 02, 1983 - Special Council Meeting March 09, 1983 - Regular Council Meeting March 14, 1983 - Special Council Meeting March 16, 1983 - Regular Council Meeting March 23, 1983 - Regular Council Meeting March 30, 1983 - Regular Council Mccting Luthe Jones MAYO MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 2, 1983 2:00 p.m. Present Mayor Luther Jones *Mayor Pro Tem Betty Turner Council Members Jack K. Dumphy ***Bob Gulley **Herbert Hawkins Dr. Charles Kennedy Cliff Zarsky City Manager Edward Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend William Wayne of Central Christian Church, following which the Pledge of Allegiance to the Flag of the United States was led by Dr. 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. A motion was made by Council Member Cliff Zarsky that the minutes of the Regular Council Meetings of February 16 and February 23, 1983 and the Special Council Meeting of February 16, 1983 be approved as presented; seconded by Council Member Jack Dumphy; and passed unanimously. Mayor Jones commented on the issuance of the following proclamations: "TEXAS HISTORY APPRECIATION WEEK" - February 27 "TUESDAY & DR. SUESS DAY" - March 2, 1983 "DRUG -ALCOHOL AWARENESS MONTH" - March 1983 "NATIONAL NUTRITION MONTH" - March 1983 "NATIONAL KIDNEY FOUNDATION MONTH" - March 1983 - March 5, 1983 Mayor Jones then presented 30 -year pins to the following City employees: EMPLOYEE Baldemar C. Garcia Guadalupe T. Quintero Hughlan C. Moore, Jr. Paul L. Werner *Mayor Pro Tem Betty DEPARTMENT Sanitation Sanitation Police Water POSITION Equipment Operator Equipment Operator Police Lieutenant General Superintendent Water System Turner arrived at the meeting at 2:15 p.m. Mayor Jones then administered the oaths to the following newly appointed committee members: Mr. Joe R. DeLeon and Mr. Ron Grant, Bay Drilling Committee; Mr. Ralph Krause, Board of Adjustment; and Mrs. Pat Sparkman, Animal Control Advisory Board. **Council Member Herbert Hawkins arrived at the meeting at 2:20 p.m. LM�D MP 191984 nutes Regular Council Meeting March 2, 1983 Page 2 * * * * * * * * * * * * * * * * * * * * * * * * Mayor Jones called for bid openings on the following engineering projects: 1. Baldwin Water Line Improvements. The project includes the construction of 36 -inch and 30 -inch water lines in Baldwin Boulevard from near South Staples and along Airport Road to Santa Elena and tying into Navigation Boulevard. It replaces an old existing 24 -inch water line which is now out of service because of numerous breaks and leaks caused by corrosion due to age. The construction of this line will provide better transmission capability in the downtown area and improve the pressures in that area. Mr. James K. project from the Construction Co., Companies, Inc., Construction Co. bid security bond. Lontos, P.E., Assistant City Manager, opened bids on this following firms: Austin Engineering Co., Claude Chapman Delta Utilities, Martin K. Ebbe Construction Co., Garney Heldenfels Brothers, Inc., Jalco, Inc., and W. T. Young He verified that all firms submitting bids had also included a 2. Portable Buildings for the Nueces County Community Action Agency Headstart Program. The project provides for the construction of six portable classroom units complete and in place to include interior plumbing and electrical wiring, and water and sanitary sewer connections. Community Development Block Grant Funds will be used to fund the project. Mr. Lontos opened bids on this project from the following companies: American Roofing and Construction Co., Black Brothers, B. E. Beecroft Co. Inc., CJB Construction, Inc., Industrial Laminates, Kiesel Constructions, L & L Construction Co., and Noble W. Walker. Mr. Lontos stated that all bidders had submitted the required bid security bond. 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. * * * * * * * * * * * * * * * * * * * * * * * * Mayor Jones explained to the City Council that the attorney concerned with item 29 of Actions by Motion from the Regular Agenda was present and would like to have the item considered out of order at this time. The Council indicated their concurrence with this request. 29. Authorizing the Director of Aviation to negotiate an agreement between the City and any freight, parcel or baggage pickup and delivery service operating at the Corpus Christi International Airport providing for a $100 monthly fee payable to the City. City Manager Ed Martin explained that the basic recommendation of the staff is that the service of providing baggage delivery to be handled at the Airport not be considered as an exclusive matter, but that any party who desires to ,nutes Regular Council Meeting March 2, 1983 Page 3 handle that duty should be able to do so at a fee of $100 per month. He stated that the question is whether or not this should be an exclusive right or just have the basic fee charged. He explained that this would not be an item to be bid, but would just be on a first come, first served basis. Mr. Lee Mahoney, attorney representing Airport Limousine Service, stated that it is the limousine service's position that they have the exclusive right to deliver baggage and this right is included in the franchise contract with the City. He noted that one paragraph of the franchise contract refers to 2% of the fee derived from the transport of such baggage to go to the City. He expressed the opinion that the inclusion of this figure indicated that Airport Limousine service should have the right to operate vehicles to haul both passengers and baggage. He informed the Council that the staff seemed to agree in January of 1982 that the limousine service was to deliver baggage but he understands that the airlines had registered complaints that the limousine service fees are too high, but he expressed the opinion that Airport Limousine Service still has the right to deliver misplaced baggage. ***Council Member Bob Gulley arrived at the meeting at 2:47 p.m. Council Member Kennedy asked for an opinion of the City Attorney since it had been indicated in a memorandum that he disagreed that Airport Limousine Service has the exclusive right to deliver luggage. City Attorney J. Bruce Aycock stated that in his opinion rates for picking up baggage are not set in the franchise agreement and the requirement for the operation of the limousine service is that the limousines should meet every plane, etc., but baggage service is just an incidental service associated with this. Mr. Lontos stated that the City has never had a contract for baggage delivery. Also speaking in regard to this subject was Mr. Bill White, general manager of American Airlines, who stated that their position is that there is no principle whereby an exclusive right is guaranteed to deliver luggage. Mr. Stan Hall, General Manager of Continental Airlines, explained that his airlines formerly used the limousine service for baggage delivery, but there is a 72% price differential to employ limousine service for this purpose and the vendor that they wish to employ. He pointed out that it is just good business practice for the airlines to do whatever they can at the lowest possible price. nutes Regular Council Meeting March 2, 1983 Page 4 Mayor Pro Tem Turner pointed out, however, that the question is if the CIty has the right to grant a permit to someone else because of the terminology used in the franchise contract with the limousine service. City Attorney Aycock again stated that the language in the franchise is actually limited to passengers. City Manager Martin agreed that the franchise is not very clear but it does refer to encroachment. He stated that he did not feel that the City could grant a franchise for exclusive use and the proposal is for a fee of $100 per month from each carrier. Council Member Hawkins expressed the opinion that the limousine service should not have the exclusive right for baggage pickup because allowing several companies to handle the baggage delivery would provide healthy competition which would be better for the public. Council Member Zarsky stated that he had examined paragraph 10 of the franchise contract and it refers to the responsibility for the limousine service to deliver people but it seems to be silent on the matter of baggage delivery. Assistant City Manager Lontos stated that the limousine service requested that the airline owners pay 72% for baggage delivery, which he feels is overpriced. Also speaking in favor of granting the baggage delivery privilege to several people was the representative from Eastern Airlines. City Manager Martin expressed the opinion that the City should control who conducts business at the airport and the $100 fee would take care of that situation. A motion was made by Council Member Kennedy that the staff recommendation be adopted and the foregoing item be approved; seconded by Council Member Hawkins; and passed as follows: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting "aye"; Turner and Gulley abstaining. * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Jones called for consideration of the motions from the consent agenda on the following items: 1. Bids be received March 22, 1983 for a 3 yard wheel loader for the Street Division. The loader is included in the 1982-83 Budget and will replace a 1969 model. 2. Bids be received March 22, 1983 for a twelve months supply agreement for approximately 13,800 reams (500 sheets per ream) of paper, 30,000 sheets of cover stock, and 1,140 reams of non -carbon paper for Stationery Stores inventory. nutes Regular Council Meeting March 2, 1983 Page 5 3. Bids be received March 22, 1983 for a check signer with feeder and signature plates for the Accounting Division. This item will replace a unit which is in need of frequent repair and for which parts are no longer available. 4. Approve plans and specifications for the installation of one 125 KVA emergency generator at the Corpus Christi International Airport including new cable and electrical feed to the Terminal to replace the old facility and authorize receipt of bids on March 30, 1983. 5. Twelve months supply agreement for approximately 470 computer ribbons and 200 magnetic tapes for Data Processing be awarded to Cornelison Ribbon Company, Cedar Park, Texas, based on best bid for a total of $7,582.00. Seven bid invitations were issued and four bids were received. The apparent low bid of $7,256.40 by Stannard Computer Supplies is not recommended. Ribbons bid were tested by Data Processing and it was determined that the ribbons submitted by Cornelison Ribbon Company gave the greatest number of printed lines per dollar. 6. Authorizing the $1,500 acquisition of a storm sewer easement located on a parcel of land on Shore Road across from Las Palmas Drive from Mr. Patrick Diamond in connection with the Las Palmas Drive Drainage Improvements (formerly known as the Buena vista Storm Sewer Project) on the basis of an appraisal from Mr. Sidney H. Smith, III. 7. An amendment to the Airport Development Aid Program be submitted to the Federal Aviation Administration to delete the provision for an emergency generator from the grant without changing the amount of funds. 8. Approving an agreement with Robert and Gail Goodrich pertaining to continued use of a swimming pool, a portion of which was constructed in a 20 foot wide drainage easement in Lot 25, Block 3, Jackson Woods, Unit 2. 9. Authorizing the City Manager to execute an agreement with Nueces Development Company pertaining to maintenance of slope erosion and cleaning of eroded material from public streets in River Canyon Unit II Subdivision. 10. The City of Corpus Christi agrees to co-sponsor with the Spanish Consulate of Houston, at no cost to the City, the performance of two classic Spanish Theater productions by the "Pequeno Teatro De Madrid" at the Harbor Playhouse on Saturday, March 12, 1983 and Sunday, March 13, 1983, and authorize the City Manager or his designee to facilitate these performances. 11. The City Manager or his designee be authorized to execute a contract with Nueces County for continuation of the Elderly Program outside the City limits of Corpus Christi. The contract contains a total budget of $120,322 and includes $11,603 in CBCOG funds earmarked for rural Nueces County; $10,191 as the City's in-kind contribution and $98,528 as the Nueces County allocation and provides for a continuation of services to the elderly such as transportation, outreach, referral and follow-up and information, recreation and related services from March 1, 1983 through February 28, 1984. No City funds are involved. 12. Confirming the appointment of Mr. Robert Welch to the Board of Directors of the Airport Development Corporation. There were no comments from the Council Members or the audience on these items. A motion was made by Mayor Pro Tem Turner that the foregoing items 1 through 12 be approved; seconded by Council Member Hawkins; and passed unanimously. Mayor Jones then called for consideration of the consent ordinances and ordinances from previous meetings. nutes Regular Council Meeting March 2, 1983 Page 6 There were no comments from the audience on these ordinances; City Secretary Read polled the Council for their vote; and the following were passed: 13. ORDINANCE NO. 17496: CLOSING AND ABANDONING THE 10 FOOT WIDE UTILITY EASEMENT BETWEEN LOTS 33 AND 34, BLOCK 3, WILLOWOOD UNIT IV SUBDIVISION, THE CALISTO CIRCLE RIGHT-OF-WAY, BEING A PORTION ON THE SOUTHEAST SIDE OF THE CUL-DE-SAC OF SAID STREET, THE CALISTO CIRCLE RIGHT-OF-WAY BEING A PORTION ON THE NORTHWEST SIDE OF THE CUL-DE-SAC OF SAID STREET, AND AN APPROXIMATE 100 FOOT LONG PORTION AT THE NORTHWEST END OF 50 FOOT PEIDRA CREEK DRIVE; PROVIDING FOR REPLATTING; 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". 14. ORDINANCE NO. 17497: AUTHORIZING THE EXECUTION OF A CONTRACT WITH ISLES CONSTRUCTION COMPANY FOR THE CLARKWOOD AREA STORM SEWER LATERALS; APPROPRIATING $105,000 FOR THIS CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". 15. ORDINANCE NO. 17498: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NUECES DEVELOPMENT COMPANY PROVIDING FOR CITY PARTICIPATION IN THE CONSTRUCTION OF SANITARY SEWER FORCE MAIN OVERSIZING COINCIDENTAL WITH THE DEVELOPMENT OF RIVER CANYON UNIT II SUBDIVISION; APPROPRIATING $1,500.79 FOR THIS AGREEMENT; 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". 16. ORDINANCE NO. 17499: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH W. R. HUBLER PROVIDIGN FOR CITY PARTICIPATION IN THE CONSTRUCTION OF A LIFT STATION, SEWER GRAVITY LINES AND SANITARY SEWER FORCE MAIN OVERSIZING COINCIDENTAL WITH THE DEVELOPMENT OF THE HUBLER TRACT; APPROPRIATING $25,020.62 FOR THIS AGREEMENT; 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". 17. ORDINANCE NO. 17500: AMENDING ORDINANCE NO. 17298 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON CALALLEN DRIVE, FROM U.S. HIGHWAY 77 TO REDBIRD LANE; 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". 18. ORDINANCE NO. 17501: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ADOLF, JOE, MANUEL, ALFONSO, AND ROSA GONZALES, BY GRANTING A SPECIAL COUNCIL PERMIT ON A PORTION OF LOT 12, SECTION D, PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT, FOR AN APARTMENT PROJECT; 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". nutes Regular Council Meeting March 2, 1983 Page 7 19. FIRST READING: APPROPRIATING THE SUM OF BOND FUND FOR PROJECT AUTHORIZING THE PURCHASE EXHIBIT "A". The foregoing ordinance reading by the following and Zarsky voting "aye". 20. FIRST READING: $95,100.00 OUT OF THE 209 COMMUNITY CONVENTION FACILITY NO. 209-76-1.3, CONVENTION CENTER EQUIPMENT, AND OF CONVENTION CENTER EQUIPMENT AS SHOWN ON THE ATTACHED was read for the first time and passed to its second vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy AUTHORIZING THE EXECUTION OF A THREE-YEAR LEASE AGREEMENT WITH WILLIAM SNELL FOR CHARTER BOAT SERVICE OFFICE SPACE ON THE L -HEAD. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". 21. SECOND READING: AUTHORIZING AN AGREEMENT WITH DAN POLINARD FOR USE OF A PORTION OF THE BAYFRONT SEAWALL IN OPERATION OF A BICYCLE SURREY CONCESSION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". 22. SECOND READING: AMENDING SUBSECTION 506.1 AND 506.9 OF THE BUILDING CODE ADOPTED BY ORDINANCE NO. 15256 TO REQUIRE THAT ALL NEW BUILDINGS HAVING FLOORS MORE THAN 75 FEET ABOVE THE LOWEST LEVEL OF THE FIRE DEPARTMENT VEHICLE ACCESS SHALL BE PROVIDED WITH AN APPROVED AUTOMATIC SPRINKLER SYSTEM; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". 23. SECOND READING: AUTHORIZING A LEASE AGREEMENT WITH MR. AND MRS. JIM WILLIAMSON FOR A 26.93 ACRE TRACT OF LAND AT 12930 HEARN ROAD. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". 24. ORDINANCE NO. 17502: AMENDING SECTION 55-73 OF THE CODE OF ORDINANCES FOR WATER SERVICE ON PADRE AND MUSTANG ISLANDS TO EXTEND AN EXCEPTION FOR EXISTING PLATTED LOTS THAT MAY BE SERVED BY PRIVATE SEWAGE DISPOSAL SYSTEMS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". 25. ORDINANCE NO. 17503: AMENDING CHAPTER 23 OF THE CITY OF CORPUS CHRISTI CODE OF ORDINANCES TO INCLUDE NEW SECTION 23-18 "HEALTH CLINIC VISIT FEE" TO PROVIDE A $2.00 HEALTH CLINIC VISIT FEE TO BE CHARGED TO EACH PATIENT FOR EACH VISIT TO CITY -COUNTY HEALTH CLINIC FACILITIES FUNDED IN WHOLE OR IN PART BY THE CITY OF CORPUS CHRISTI FOR PATIENTS WHOSE HOUSEHOLD MONTHLY INCOME EXCEEDS FEDERAL GUIDELINES FOR FINANCIAL SUPPORT. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". nutes Regular Council Meeting March 2, 1983 Page 8 26. ORDINANCE NO. 17504: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND PORT OF CORPUS CHRISTI AUTHORITY FOR THE ANNEXATION OF LAND ABUTTING BURLESON STREET; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRSITI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". 27. ORDINANCE NO. 17505: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND TRI -STAR DEVELOPMENT COMPANY FOR THE ANNEXATION OF APPROXIMATELY 34.22 ACRES OF LAND OUT OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACT, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRSITI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Jones then called for consideration the motions on the regular agenda for the following items: 28. A public hearing originally set for December 8, 1982 on the closure request of a 20 -foot strip of Airline Road be reopened on March 9, 1983 on behalf of the Lakewood Village Council of Co-owners. The December 8, 1982 hearing was table indefinitely because one of the two applicants in the street closure request filed suit against the City relative to assessments. The Staff recommends that the abutting owners be charged for the return of the right-of-way an amount equal to the value of the part needed along Holly Road unless the strip needed along Holly Road is dedicated to the public in return for the strip along Airline; otherwise the Staff recommends denial. 29. (Previously acted upon) 30. The public operating hours for the City's two sanitary landfills be estab- lished as 7 a.m. to 7 p.m. effective April 4, 1983 and the landfills be closed at night with lockable gates. 31. Consideration of pending State legislation. (There was no pending legislation to be discussed) A motion was made by Mayor Pro Tem Turner that items 28 and 30 be approved, seconded by Council Member Zarsky and passed unanimously. * * * * * * * * * * * * * * * * * * * * * * * Mayor Jones called for consideration of action by ordinance from the regular agenda on items 32 and 33. Mayor Jones referred to ordinance 32 which establishes a new electoral system for the City Council and inquired if the ordinance had been signed by the Plaintiffs. He was informed that it had been. Mayor Jones continued by stating that the election will be conducted on August 13, 1983 and briefly explained the different districts established. He stated further that everyone in the City will vote on five of the nine Council Members. Council Member Zarsky expressed concern about two items associated with .nutes Regular Council March 2, 1983 Page 9 changing the Meeting electoral system and stated that one of them was the consideration of the loyalty oath. He questioned whether this had been required by a Supreme Court ruling for the candidates to take prior to the election. City Attorney Aycock stated that the Supreme Court has held that the loyalty oath is not required, but he did not see any harm in requiring that the oath be signed. Council Member Zarsky continued by stating that he was of the opinion that a statement should be included in that ordinance that would establish the time that boundaries would have to be reconsidered and possibly changed. He pointed out that the City Charter requires that the changes be made every two years, but since the City Charter ruling will be superseded by the federal judge's decision, he felt that we would only have guidelines according to the census figures that are taken every ten years and he was of the opinion that this should be included in the ordinance. City Attorney Aycock stated that there had been a court decision which rules that the boundaries must be considered and possibly changed every ten years, therefore he felt the provision in the ordinance was not necessary. City Manager Martin pointed out that the Charter provision is no longer in effect. He explained that the ordinance will be the total election method and the two year requirement is based on the number of registered voters and therefore would have no meaning as far as the single Member districts are concerned. Council Member Zarsky expressed the opinion that the City Secretary would need guidelines as to whether he will have to reapportion the single Member districts every ten years. City Manager Martin concurred by stating that this could be very, very critical and since the elections are conducted in odd numbered years, in 1991, the figures for the 1990 census would not be available prior to that election. He agreed that it could become very controversial and someone will have a problem at that time. Council Member Zarsky inquired if the ordinance could not indicate that the reapportionment should be done when the figures have been published. City Manager Martin agreed that this question should be resolved before it is presented to the Judge. He concurred that it seemed reasonable to have everything very clear before the judge's decision is sought. City Attorney Aycock assured Mr. Martin that he will make it a point to discuss this with the City's legal counsel and the counsel of the Plaintiffs. .nutes Regular Council Meeting March 2, 1983 Page 10 Mr. Willard Hammonds, 4021 Ocean Dr., complimented the Council in their efforts to settle this matter and also suggested that credit should be given to the Plaintiffs for working with the Council to resolve the election method. There were no further comments on the ordinances from the regular agenda; City Secretary Read polled the Council for their votes; and the following were approved: 32. ORDINANCE NO. 17495: COMPLYING WITH UNITED STATES DISTRICT COURT ORDER OF FEBRUARY 2, 1983, AND ESTABLISHING A NEW ELECTORAL SYSTEM FOR THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI PRESCRIBING FORM, STANDARDS, AND DISTRICT BOUNDARIES AS SHOWN ON THE ATTACHED EXHIBITS TO BE EFFECTIVE UPON PRE -CLEARANCE BY THE ATTORNEY GENERAL OF THE UNITED STATES AND APPROVAL BY THE UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy voting "aye"; Gulley and Zarsky "abstaining". 33. FIRST READING: AMENDING SECTION 2-223 OF THE CITY CODE PROVIDING FOR A TRANSPORTATION ADVISORY BOARD; PROVIDING A REPEALING CLAUSE; PROVIDING 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, Kennedy and Zarsky voting "aye". Council Member Zarsky presented a prepared statement to the City Secretary which explained his reason for not voting in favor of ordinance 32. * * * * * * * * * * * * * * * * * * * * * * * * * A motion was made by Mayor Pro Tem Turner that the Regular Council Meeting be recessed at 3:44 p.m. in order to convene the Special Council Meeting; seconded by Council Member Kennedy; and passed unanimously. Mayor Jones reconvened the Regular Council Meeting at 4:12 p.m. and called for the City Manager Report and other items, noting that the following matter was to be considered at this time: 34. Ordinance adopting a comprehensive zoning plan for Flour Bluff. Mr. Larry Wenger, Director of Planning, reviewed the citizens' complaints that were presented at the December 8, 1982 public hearing which was conducted at the Coliseum. He reminded the Council that at that time they instructed the staff to examine alternatives which they have now done. He also informed the Council that they had conducted a public information meeting in Flour Bluff on February 18, 1983 and approximately 75 people attended the meeting. Mr. Wenger continued by stating that the alternative explained to the people attending that meeting involved property primarily north of Padre Island Drive and most of that was changed back to "R -1B" zoning. He stated that they .nutes Regular Council Meeting March 2, 1983 Page 11 also questioned residents of mobile home parks and the staff now recommends a "T -1C" district for those uses. He stated that they also propose a change in the text that will remain in "I-2" zoned property which will allow property owners to rebuild or expand their structures and this would apply anywhere in "I-2" zoned property that is located on the map. He stated that the property owners may also improve or expand their houses if they are in accordance with the building code. He explained that with these changes he felt that the staff had addressed most of the comments. Mr. Wenger continued by stating that the staff has also adjusted the lines of the clear zones to fall on property lines rather than having those lines cut across platted lots. Mayor Pro Tem Turner referred to a letter that had been received in regard to changes on Skipper Lane. Mr. Wenger located that street on the map and stated that they had just received a petition the day before. He explained that in that particular subdivision from NAS to Laguna Madre, including all single family homes, travel trailer parks and business lots in the area, there are 104 occupied lots of a total of 228; 124 vacant lots; and if the property is zoned back to "R -1B", this would be a 54% increase in dwelling units in that area. He noted that this would actually be a 100% increase and it is in an APZ1 Zone and is very close to the end of the runway and the staff therefore does not recommend changing that zoning to "R -1B". He again explained that the existing homes can remain there; they can be rebuilt; and they can be expanded, but the staff does not recommend approval of "R -1B" zoning. Council Member Gulley inquired as to why the City doesn't concentrate primarily on the zoning in the clear zone, and Mr. Wenger explained that the Navy is also very concerned about APZ1 and 2 Zones. He noted that the plane that crashed last week landed in an APZ1 Zone. City Manager Martin also pointed out that the clear zone is the area where the Navy plans to acquire land and this change of zoning should be concentrated on the APZ1 and 2 Zones because of the accident potential in those area. Council Member Kennedy asked for an explanation of the adversities of zoning the property "I-2". City Manager Martin explained that the effect of the property being zoned "I-2" is that with all of the provisions included, this zoning will not have much effect on individual lots, but the adverse effect would occur if "I-2" zoning is established on lots in the vicinity of existing houses and an .nutes Regular Council Meeting March 2, 1983 Page 12 industrial use is actually established there. He stated that he could not make a general statement because it is a separate question on each lot since the dwellings already in existence are 46% occupied and they are scattered throughout this area. He noted that those who presented the petition have requested that "R -1B" zone be moved further north. Council Member Hawkins inquired if there was any other zoning that could be approved which would prevent development. Mr. Wenger replied that "B-3" zoning would prevent residential development or it could be zoned "F -R" but then the property could not be used for businesses or residences. Council Member Hawkins suggested that if this were done, the individual property owner would have to request a change of zoning and the neighbors could object to the change if they desire. Mr. Hawkins suggested that this property be zoned "F -R" or some other zoning that would not be so damaging as "I-2" zoning. Mr. Martin explained that the City is attempting to separate the vacant property from the occupied property and zoning of "F -R" would be almost the same as taking property away from the owner because no use could be made of the property under that zoning. Mayor Jones called for comments from the audience before the ordinance is voted upon. Mr. Mike Kendrick, representing Flour Bluff Lumber Company, which is owned by Mr. Phil Bradshaw, stated that this property is located on Stone Street and Padre Island Drive and the existing zoning is "B-4" and "A-1" and they would like to have "I-2" zoning because they plan to expand the business by purchasing four more lots which they would also like to have zoned "I-2". Mr. Kendrick then proposed that the City approve "I-2" zoning for the following lots, 7 through 11 and 18 through 22 of Block 6 of Flour Bluff Point. He stated that there are only two people in the area who are opposed to the "I-2" zoning and noted that this is an unusual situation on Padre Island Drive because the area is techincally in a non -dangerous zone and they are of the opinion that this is not incompatible with the overall Flour Bluff plan. _nutes Regular Council Meeting March 2, 1983 Page 13 Mr. Wenger explained that this application was heard by the Planning Commission the previous evening and they recommended that the "I-2" zoning be denied but that a special permit be granted for operation of a lumber yard with the requirement that a screening fence be constructed and no access to the property from streets where residental zoning exist be allowed. Mr. Kendrick further explained the use of the lumber yard and their expansion plans and noted that the area is sparsely developed. Mayor Jones inquired if the special permit as recommended by the Planning Commission would allow his client to continue the operation of the lumber business and inquired if they were basically just opposed to construction of the screening fence. Mr. Kendrick stated that they also want access to the property from Stone Street because their plan to construct they main building for the sale of building supplies and the Stone Street access is necessary. Assistant City Manager Tom Utter explained that Stone Street is a residential street; there are no curbs and gutters; it is not really a commercial street; the lumber company does good business; and with a new building fronting on Stone Street, a lot of traffic would be generated and it would open up the entire block because it would comprise commercial zoning surround by residences. The next speaker was Mrs. Elizabeth Pane, 714 Don Patricio Road, who stated that she represents forty-seven (47) families in that area, and the staff wants to change the zoning to "T -1C" to encourage mobile homes in this area. Mrs. Pane expressed the opinion that "T -1C" zoning would discourage additional single family dwellings in the area, and recommended that the undeveloped areas be zoned "T -1C" rather than this area which is partially developed. Mr. Utter explained that this area is presently zoned "R -1B" with a type of special permit for a mobile home subdivision and there are both mobile homes and single family dwellings in this area. He explained that if the Council approves "T -1C zoning, both mobile homes and single family dwellings will be in accordance with the existing use. A motion was made by Mayor Pro Tem Turner that this area be zoned "R -1B". Mr. Martin interjected by stating that the use pattern is forty (40) single family dwellings and twenty (20) mobile homes. Council Member Dumphy seconded the motion and Mayor Jones noted that if "R -1B" zoning is approved, the existing mobile homes cannot be replaced. The _nutes Regular Council Meeting March 2, 1983 Page 14 motion passed by the following vote, Jones, Turner, Dumply, Hawkins, Kennedy and Zarsky voting "aye"; Gulley abstaining. Council Member Gulley suggested that each request be acted upon following the presentation by the property owner and referred in particular to the request made by Mr. Kendrick. A motion was made by Council Member Kennedy that the zoning "I-2" be approved for the Flour Bluff Lumber Company; seconded by Council Member Gulley. Council Member Zarsky pointed out that if each one is approved by the Council, the Planning Commission does not have an opportunity to provide an opinion. Mayor Jones noted that if this motion is approved, it might not be possible to prohibit the entrances from the residential street. City Manager Martin suggested that this be delayed until the staff has an opportunity to further consider this since it has been presented to the Planning Commission and noted that there is no problem if the Council decides to lower the zoning but there may be a problem in increasing the zoning from "A-2". A motion was made by Council Member Gulley that the Flour Bluff Lumber Yard request be tabled for one (1) week, seconded by Council Member Zarsky and passed unanimously. Mrs. Barbara May, 3702 Manitou, pointed out that when zoning is changed, the value of the property is changed and she was of the opinion that if her property was zoned "I-2" the value would be affected. Mayor Pro Tem Turner inquired about her reaction to being re -zoned "F -R", and Mrs. May replied that "F -R" zoning would take away all value of the property. Mr. Ronald Magee, 434 Linnet Street, which is one and one-half blocks off Padre Island Drive and one and one-half blocks off of Waldron Road, presently zoned "R -1B" to be changed to "B-3". Mr. Magee stated that he does not object to this if he is allowed to live there and open up a business also. Mr. Wenger stated that he could not do so on the same lot and City Manager Martin explained that he could operate a business in the existing residential structure. Mr. Magee said that he was also speaking on behalf of two hundred ten (210) people and pointed out that most of the existing lots are too small for residential construction because they do not have six thousand (6,000) square feet. _nutes Regular Council Meeting March 2, 1983 Page 15 Mr. Wenger assured him that they could rebuild their existing houses on those lots. Council Member Dumphy suggested that the usual procedure should be followed to allow each property owner to speak for himself. Mrs. June Ladner, 450 Caribbean, stated that she was speaking for herself and also representing Mr. Russell New. She noted that the line designating the clear zone has been moved to the property line and Mr. New has received a statement from Mr. Gary Dumas that it is not in the clear zone any longer. She objected to the projected "I-2" zoning because she felt that the entire city should be paying for the protection of the Navy, not just the property owners in Flour Bluff. She noted that since the clear zone had been moved, the Navy will not purchase Mr. New's lot. Mrs. Ladner continued by stating that Mr. New purchased his property in June, 1982 with the intention of developing low cost housing and his property is located on Navy Street. Mr. Buddy Seeds stated that all of his property is outside the clear zone "APZ-1&2". He stated that he had attended all of the meetings to obtain information and he realizes that the Navy does not care what the zoning is as long as dwellings are not constructed. He explained he wants to build a bowling alley and he prefers proper zoning for this purpose rather than a special permit. He explained that his property is located on Flour Bluff Drive between Graham Road and Don Patricio Road and he would like to have it remain "B-4" zoned rather than changing it to "B-1". After further discussion, a motion was made by Council Member Gulley that Mr. Seeds' zoning be allowed to remain "B-4", seconded by Mayor Pro Tem Turner. Mayor Jones pointed out that "B-4" zoning could be very obnoxious to the adjacent "R -1B" zoning. Council Member Hawkins stated that he would not be in favor of in granting this request without allowing every property owner to change the recommendation on their property as well. He pointed out that the Council had requested that the staff prepare a comprehensive zoning plan for this entire area and the Council should not ignore their recommendations. Mayor Jones agreed because he felt that the plan was a good one and Mr. Seeds could develop his property as he desired with a special permit. He pointed out that there was no obligation on his part to actually construct the bowling alley and if the property is sold, any type of use could be placed there. Council Member Kennedy then offered an amendment to the motion to _nutes Regular Council Meeting March 2, 1983 Page 16 change the zoning to "B-3". The motion was seconded by Council Member Gulley and passed unanimously. Mr. Seeds then pointed out some of his property which is now zoned "I-2" on which the recommendation is to re -zone it to "B-4". He stated that he would like to have this property remain "I-2" because he needs to have outside storage. Council Member Gulley noted that this land is not affected by the Navy zone and he then made a motion to allow Mr. Seeds' property at that location remain "I-2"; seconded by Council Member Kennedy and passed unanimously. Mr. Utter suggested that the "I-2" be allowed in the area where Mr. Seeds has his development with outside storage and the rest of the area be allowed to remain "B-4". It was the consensus of the Council that this be done. Mr. Virgil Howard, Attorney representing the property owners who are satisfied with the recommended zoning under the comprehensive plan, stated that they are concerned though about the zoning of property near their five (5) acre tract. Mr. Frank Stevens, 1733 Caribbean Street, referred to the clear zones and asked for a definitive statement of the City's intention about land acquisition. Council Member Kennedy explained to Mr. Stevens that the Navy has not decided the exact location of the clear zone but they do intend to purchase it. City Manager Martin explained that if the City purchases property, this has the effect of rendering the remainder useless and they would grant a permanent easement for access; however if the Navy purchases the property and the property is rendered useless, the owners will be compensated. Mr. Martin also stated that the City will not purchase houses but only vacant property and no one will be evicted from their place of residence. Mr. Stevens continued by stating that he has 30 acres in that area; his house is on a ten acre plot; "F -R" zoning allows one house per 5 acres; and he has 4.7 acres on which he would like to construct a house. He questioned if this would be possible. Council Member Dumphy assured Mr. Stevens that this Council could approve such construction. Mr. Eddie Savoy, 8180 Skipper, referred to the change of the "I-2" recommended zoning from Padre Island Drive to Jester Street and expressed the opinion that it should have been moved another 700 feet which would be 125 feet East of Skipper Lane. He explained that they have "R -1B" zoning. _nutes Regular Council Meeting March 2, 1983 Page 17 Mr. Wenger explained that 54% of this land is vacant; it is primarily zoned "R -1B"; the staff is proposing "I-2" zoning be adopted which would allow all the uses except "A-1" and "T-1"; and the existing apartments will have a special permit. Mr. Savoy said that he owned the travel trailer park and he would like to have this property remain zoned "R -1B" and "T-1". City Manager Martin informed the Council that the current use could continue as non -conforming. Mr. Joe Hansler stated that his land is located at the end of the runway at the Naval Air Station and he understands that the Navy will purchase his entire property rather than just a portion. He stated he objects to the down zoning because this would give the Navy the opportunity to offer him less for his property. A representative of the Navy spoke from the audience and assured Mr. Hansler that the property will not be subject to loss as the result of down zoning. Mr. Hansler continued by inquiring if a study had been made of where crashes have occurred, and Mayor Jones explained that he was of the opinion that the Aicuz study was accurate. Mr. Hansler then pointed out that there has been only one crash in the area. Mr. Wenger provided a further explanation by stating that the clear zone is 1000 feet wide and 1000 feet long off the end of the runway. Mr. Hansler urged that the clear zone be definitely be established. Council Member Kennedy emphasized that the City Council does not draw the lines designating the clear zones or APZ-1&2 zones because this is done by the Navy. Mr. Hansler then requested that the Council changed the recommended "FR" zoning for his property and zone it "RE" for 15 acres. Assistant City Manager Utter explained that Mr. Hansler's property is in both the clear zone and the "APZ-1" zone; the staff is recommending "FR" zoning for his property; there is only a very small sliver of land to the south which is not in either zone; and it is only about 4 acres; therefore the staff does not recommend "RE" zoning on any of his land. A motion was made by Council Member Dumphy that the area of Mr. Hansler's property that is not in any Navy zones be allowed to remain zoned "R -1B; seconded by Mayor Pro Tem Turner; and passed unanimously. minutes Regular Council Meeting March 2, 1983 Page 18 Mrs. Christine Heinesh, 306 Valerie, stated that she had signed a petition requesting that their zoning not be changed. She noted that she owns 3 lots in that vicinity and urged that they be allowed to remain zoned "R-1B" since she plans to build houses on the property. Mr. Wenger pointed out that Mrs. Heinesh's property is in the "APZ-1" zone. Mayor Jones commented that this is a very dangerous area at the end of the runway and he could not vote to approve zoning that would allow rental property to be constructed. Mrs. Marion Tenney, 413 Valerie, informed the Council that the Fleet Reserve on property adjacent to her house; she owns 6 lots; and the recommended change of zoning is "R-1B to "I-2". Mayor Jones pointed out that Fleet Reserve is not the Navy but a private organization. Mrs. Tenney then urged that her property be allowed to remain zoned a residential. Mayor Jones assured Mrs. Tenney that she could rebuild or even expand her house and continue to live there even if the property is zoned "I-2". Mrs. Jo Ann Lance, 3805 Waldron Road, stated that she owns a boat yard at this location and she would like to have her property remain zoned "I-2" in order to develop it for an industrial park. Mr. Virgil Howard addressed the Council again and stated that he was of the opinion that the best interest of the area would be served if this property remained zoned "B-3" because he felt that "I-2" zoning would be spot zoning in the area. He also stated that he felt that the comprehensive plan prepared by the staff is good but he would not object to a special permit on this property. A motion was made by Council Member Dumphy to allow the portion of Mrs. Lance's property to the north to remain zoned "1-2" and the remainder of her property to be zoned "B-3"; seconded by Council Member Zarsky; and passed unanimously. Mr. David May stated that he has one 60 foot lot which is vacant which is zoned "B-4" on Laguna Shores Road and he would like to retain that zoning, noting that the lot is located adjacent to a boat repair business but the recommended zoning for that property is "A-1". Mr. Wenger explained that the "A-1" zoning is recommended because it is a logical pattern for the comprehensive zoning plan even though it is not under "APZ" or clear zones. inutes Regular Council Meeting March 2, 1983 Page 19 A motion was made by Council Member Gulley that Mr. May's property be allowed to remain zoned "B-4"; seconded by Council Member Zarsky; and passed unanimously. Mr. May then referred to the east side of Laguna Shores Road where he owns four lots that are presently zoned "B-4" and stated that he would like those lots remain zoned as they are. A motion was made by Council Member Gulley that Mr. May's lots in that area be allowed to remain "B-4"; seconded by Council Member Dumphy; and passed unanimously. Mr. May then referred to property that he owns at 1202 Barton Street that is presently zoned "R -1B with a special permit for apartments which he would like to have zoned "A-1". Mr. Wenger stated that this property is in the "APZ-1" zone and it is presently zoned "R -1B" with a special permit for apartments which are now in existence. A motion was made by Council Member Gulley to allow this property to remain zoned "A-1; seconded by Council Member Dumphy; and passed unanimously. Mr. May then referred to property that his son owns at 421 Skipper Street on which a duplex is located. Mr. Utter stated that if this property is re -zoned for duplex then a single family dwelling structure could be built. A motion was made by Council Member Kennedy to approve a special permit for a duplex at 421 Skipper, seconded by Council Member Dumphy; and passed unanimously. Mr. May then referred to 40 acres of land that he owns which is now zoned "T -1C" and noted that 50% of it is in the "APZ-1" zone. He stated that he wanted to develop a mobile home park and he would like to have the existing zoning remain. He pointed out that if the property is zoned "FR", he could not use it for anything and it would lose its value. Mr. Wenger noted that the staff recommended "I-2" because this land is in a very high noise area which is undesirable for residences. Council Member Zarsky also pointed out that the Navy receives complaints from residents in high noise zones. Further discussion followed and a motion was made by Council Member Zarsky to allow this property to remain zoned as "T -1B"; seconded by Council Member mutes Regular Council Meeting March 2, 1983 Page 20 Dumphy; and passed by the following vote: Turner, Dumphy, Kennedy, and Zarsky "Aye"; Jones and Hawkins voting "No"; Gulley abstaining. Mr. Jack Gordy, 5802 Everhart, informed the Council that no one in Flour Bluff had received a letter informing them of the public hearing on the Flour Bluff zoning; they did not receive the typed notices that can be returned to establish the 20% rule; and also pointed out that the Flour Bluff zoning plan was amended and should therefore have gone back to the Planning Commission for consideration. Mr. Gordy also noted that this particular public hearing was not published and notices were not sent out. Council Member Kennedy explained that this was not a public hearing, the people were just being allowed to speak in regard to the adoption of the ordinance. Mr. Carl Webb stated that he owns 3 vacant lots which are presently zoned "R-2" & "A-2" and the staff recommendation is to downzone the lots to "R -1B". A motion was made by Council Member Dumphy to allow Mr. Webb to retain his zoning "R-2 & "A-2; seconded by Council Member Gulley; and passed unanimously. Mrs. Sue Guess, the owner of lots 1,2,3,7,8,9,& 10 Block 2, and lots 1,2,3, Block 3, Flour Bluff Heights, stated that her property is presently zoned "A-1"; the proposed zoning is "I-2" with a special permit for multi -family dwellings; and if anything is destroyed there, it is her understanding that she can replace it as it is now. Mayor Jones confirmed that this was correct. Mrs. Guess continued by suggesting that "R -1B" is less dense than "1-2" and perhaps the line where "R -1B" zoning starts could be moved further north. Mayor Pro Tem Turner explained that that is the problem area in that the Navy prefers not to have so many residents in "APZ" zones. City Manager Martin reported on the case that Mr. Michael Kendrick had addressed and explained that the Council could grant re -zoning of any type that is less or up to that which was advertised for the Planning Commission meeting. He explained that the property was zoned "B-4"; the City proposes "R -1B" zoning; and it could not be increased to a more intense use. He expressed the opinion that it would be preferable to have that property considered as a separate zoning case since it has already been heard by the Planning Commission. Further discussion followed and Council Member Dumphy suggested creating an area in that which is recommended for "1-2" zoning (Skipper Lane) and suggested that some type of zoning be established for lot acreage of 15,000 square feet mutes Regular Council Meeting March 2, 1983 Page 21 which would allow them to build something but would lower the density a great deal. City Manager Martin stated that one possibility would be to zone all of that area "R -E", but if there are 10 acres all together, this would represent about 100 lots and a number of those are owned by people with 2 or more lots. He pointed out that the citizens who own only one lot could appear before the Council with hardship cases. He noted that this would protect the residential nature of this property. Council Member Gulley noted that this would not affect people in other areas of the city because of the requirement for 15,000 square feet of land. A motion was made by Council Member Dumphy that the area bounded by Skipper, Jester and NAS Drive be zoned "RE" but that it be sent to the Planning Commission and they be directed to consider a new category of "R -1A" zoning with a minimum acreage of 15,000 square feet; seconded by Council Member Zarsky; and passed unanimously. There were no further comments on the ordinance establishing the Flour Bluff zoning; City Secretary Read polled the Council for their votes; and the following ordinance as amended was approved: NO.17506 AMENDING THE CORPUS CHRISTI ZONING ORDINANCE NO. 6106 AS AMENDED, UPON APPLICATION OF THE CITY OF CORPUS CHRISTI BY ADOPTING A COMPREHENSIVE ZONING PLAN FOR THE FLOUR BLUFF AREA OF THE CITY OF CORPUS CHRISTI AS SHOWN BY MAP THEREOF ATTACHED HERETO, AND MADE A PART HEREOF, MARKED EXHIBIT "A"; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy, Gulley and Zarsky all voting "aye". * * * * * * * * * * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not listed on the agenda. Mrs. Pauline Clarke, representing the League of Women Voters, stated that that organization supports the City Council in their efforts to provide a new City Hall but they object to the location on Shoreline Boulevard. Mr. Jerry Marston, 218 Santa Barbara, stated that they had worked with the Park and Recreation Department to establish a concession to sell kites in Cole Park. He presented a petition from a large number of people on Ocean Drive who did not object to such an activity. City Manager Martin explained that Mr. Marston has a permit to sell kites in Cole Park; he wants to sell them at the far west end; but this would be a road side stand on Ocean Drive and is not covered by the ordinance allowing for lnutes Regular Council Meeting March 2, 1983 Page 22 permits for sale of items in parks. Mayor Jones indicated his concurrence with the existing policy to limit the sale of kites should be limited to the immediate park area. * * * * * * * * * * * * * * * * * * * There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Council Member Gulley; and passed unanimously, the regular Council meeting was ajourned at 8:35 p.m., March 2, 1983.