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
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Regular Council Meeting
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* * * * * * * * * * * * * * * * * * * * * * * *
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
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Regular Council Meeting
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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.
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Regular Council Meeting
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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.
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Regular Council Meeting
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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.
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Regular Council Meeting
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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".
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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".
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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
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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.
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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
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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
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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.
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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
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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.
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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
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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.
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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.
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Regular Council Meeting
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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.
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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
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Regular Council Meeting
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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
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Regular Council Meeting
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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
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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.