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HomeMy WebLinkAboutMinutes City Council - 03/16/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 16, 1983 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley Herbert Hawkins, Jr. Dr. Charles W. Kennedy, Jr. Cliff Zarsky City Manager Edward A. Martin City Attorney 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 Larry Martin of Gardendale Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Captain W. G. Ellis, Commander of the Submarine U.S.S. City of Corpus Christi. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones then welcomed Captain Ellis and Lieutenant Commander M. G. Riegel, Executive Officer of the Submarine, and their wives to the Council Meeting and to the City of Corpus Christi. Captain Ellis responded and expressed their appreciation at being invited to the City of Corpus Christi and thanked the Council and the rest of the City for their support of the submarine that was named for this City. Several Council Members also expressed their delight at having their submarine and its crew visit in this City. Captain Ellis provided information in regard to the submarine stating that it is an attack submarine; their mission is to go out in time of war to sink enemy ships and submarines; the weight of the submarine is 6,900 tons and the vessel is the length of a football field. He informed the Council that the crew consists of 127 men who are experts in their own areas. He stated that the tioutu4s) 85019 !self Minutes Regular Council Meeting March 16, 1983 Page 2 vessel travels 20 at least knots per hour and is the most sophisticated war machine and war deterrent in the world. He also stated that the interest and support of the citizens of Corpus Christi is a very unique relationship and he has never seen such a relationship in his 19 years of service in the Navy. 0*0*0*0*0*0*0*0*0kO*0*0 Mayor Jones noted the issuance of the following proclamations: "AMERICAN G. I. FORUM WEEK & FOUNDERS' DAY" - March 19 - 26, 1983; and "DOC McGREGOR DAY" - March 20, 1983. 0*0*0*o*O*0*0*0*0*0*0*0 Mayor Jones stated that in connection with presentations, he would like to have item 20 of the Regular Agenda considered at this time, noting that it is a resolution accepting the Von Blucher Deed for Land. Mayor Jones read the resolution in its entirety and personally expressed appreciation to the family for the generous donation of the land adjacent to Blucher park. A motion was made by Council Member Kennedy that the following resolution be approved; seconded by Mayor Pro Tem Turner and passed by the vote indicated: RESOLUTION NO. 17529: ACCEPTING THE VON BLUCHER GIFT DEED OF LAND ADJACENT TO BLUCHER PARK AND EXPRESSING THE CITY COUNCIL'S APPRECIATION FOR THIS GIFT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". Mr. George Von Blucher, Jr. formally presented to the Mayor the deed to the land, and Mr. Utter displayed a transparency indicating the location of the land which is adjacent to Blucher Park. G*O'*O*O*O*O*O*O*O*O*O*O*O Mayor Jones called for Board and Committee Appointments. A motion was made by Council Member Zarsky that the following appointment be confirmed, seconded by Mayor Pro Tem Turner and passed unanimously: Building Code Board of Appeals, Mr. Bob Cruz (Building Industry) term to 5-04-84. utes Regular Council Meeting March 16, 1983 Page 3 City Manager Ed Martin informed the Council that the Staff has just been advised that the last zoning case to be heard during the meeting, No. 183-5, Blado and Dean Investments, had been withdrawn by the applicant and suggested that if anyone was present in the audience in connection with this case they might wish to depart the meeting. o*o*o*o*o*o*o*o*o*o*o*o*o Mayor Jones announced bid openings on the following engineering projects: 1. Las Palmas Drive (Buena Vista) Drainage Improvements. The project, approved in the 1977 Bond Program, will provide drainage for a part of the Flour Bluff area. Mr. James K. Lontos, P.E. , Assistant City Manager, opened bids on this project from the following firms: APCCO; Austin Engineering Co.; R. S. Black Civil Engineers; Claude Chapman Construction; Heldenfels Brothers, Inc.; Isles Construction Co.; Maverick Construction Company; and W. T. Young Construction Company. Mr. Lontos verified that each bidder had submitted the required bid security bond or check with their bids. 2. Phase I of the South Staples Street Sanitary Sewer Project. This 1982 bond project provides for the extension of a 21 -inch diameter major trunk sanitary sewer in South Staples Street from near Saratoga Boulevard to Timbergate Drive. Mr. Lontos opened bids on this project from the following companies: APPCO; Austin Engineering Co.; Claude Chapman Construction; Heldenfels Brothers, Inc; Isles Construction Company; Maverick Construction Company; and C.C.M. Utility Corporation of New Braunfels. Mr. Lontos verified that the required bid security bonds had been submitted with the bids. 3. Zavala Center Expansion at 442 Mohawk. A 2,000 square foot addition to this neighborhood center is proposed to be used for elderly recreation and meal programs. Assistant City Manager Lontos opened bids on this project from the following companies: A-1 Plumbing; B& B Builders; B.E. Beecroft Co., Inc; Ewing Construction Company; Garcia Construction; LEL Construction Company; Lerma Company & Associates; Salazar Construction Company; and BUI Construction. Minutes Regular Council Meeting March 16, 1983 Page 4 Mayor Jones expressed appreciation to all the companies that had submitted bids and stated that they would he tabled for 48 hours, purusant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. �>*a*o*o*o*o*J*oto*oto*oto Mayor Jones called for Consideration of Motions from the Consent Agenda on the following items: 1. Bids be received March 29, 1983 for 19 siren/light bars for Police cars. Three of the light bars are for the three additional Police cars in the 1982-83 Budget to complement tern additional patrol officers in the Budget. The remaining sixteen are replacements. 2. Bids be received April 5, 1983 for twelve months supply agreement for wiping rags for general cleaning. 3. Bids be received April 5, 1983 for a twelve months supply agreement for air conditioning repairs for City vehicles. Maintenance Services does not have personnel or equipment to perform these repairs. 4. Bids he received April 5, 1983 for twelve months supply agreement for original equipment manufacturer replacement auto, truck and construction equipment safety glass for all Divisions. 5. Bids be received Aprils, 1983 for replacement of old air conditioning and heating equipment in the Art Community Center. This project is included in the 1982-83 Budget. The existing equipment is in poor condition. 6. Bids be received April 12, 1983 for 53 police vehicles, 1 fire vehicle and 15 other vehicles. This invitation includes a police sedan for the City of Gregory and a full size station wagon for the Nueces County MHMR Community Center, as a part of our cooperative purchasing efforts. The bid represents a reduction of 8 vehicles from the number budgeted for 1982-1983 for a savings of approximately $56,400. (See attached #4) 7. Bids be received April 20, 1983 for five year lease -purchase of computer equipment for the Data Processing Department. 8. Approving the purchase of one replacement and one additional 70 PTO horsepower tractor w/slope mower for the Street and Park Divisions based on low bid from Waukesha -Pearse Industries, Corpus Christi, Texas for a total of $57,390.00. Five bid invitations were issued and three bids were received. The unit for the Street Division will replace a 1969 model and is included in the 1982-83 Budget. The Park Division unit is in the 1982-83 Revenue Sharing Budget, 9. Authorizing the City Manager to execute an agreement with Bexar Investors, Inc. relating to the development of the Waldron Square Condominiums wherein the developer would construct approximately 1 ,200 linear feet of gravity' sanitary sewer in the vicinity of Waldron Road and Don Patricia Road and further providing for the developer depositing with the City $37,412 towards the future extension of relief sanitary sewer lines in the area. Mayor Jones calied for comments from the audience on the Consent Motions. Mr. Pete Olford, referred to item 9 and stated that he represents Bexar Investors, Inc. who are the developers of Waldron Square Condominiums. He stated that they have agreed to pay $35,000 to improve the gravity sanitary lutes F.egular Council Meeting March 16, 1983 Page 5 sewer system in the vicinity of Waldron Road and Don Patricio Road but they would like to delay the deposit of those funds until they have completed some of the units and are ready to obtain a certificate of occupancy which could be withheld until they have paid the $35,000. Council Member Kennedy asked Mr. Olford the anticipated time of completion, and Mr. Olford stated that the first phase of 22 units will be completed within 90 to 120 days and they will pay the sewer line charge prior to the completion of this first phase. City Manager Martin stated that he thought that this was a major step forward in allowing this project to go ahead at all; Mr. Olford is requesting payment for it at the time of occupancy; the Code requires payment at the time of development; and if it is not paid, it would not be in accordance with the Platting Ordinance. Also speaking in favor of delay in depositing the funds was another official with Bexar Investors, Inc. who pointed out to the Council that this is not the only project they will have in Corpus Christi because they plan to be here for a long time. He reported on the many delays they have had in working out the sewer problem and the fact that the $35,000 is an additional cost that they prefer not to incur at this time. He stated that it was their understanding during the negotiations with the Staff that they would not have to pay the money until nearer completion of the development. Mayor Pro Tem Turner asked for an explanation of why this policy is in effect. City Manager Martin reiterated that this is in the Platting Ordinance; the City has already made a number of concessions so that this developers can move forward with their development; and he feels that the money shquld be deposited at this time. In connection with item 6, City Manager Martin pointed out that in connnection with this item, the Staff has provided a report on vehicle use. He explained that the Staff has made a number of alternative arrangements so that a large number of vehicles have been eliminated and they feel that the savings will be great. Council Member Zarsky questioned Mr. Martin on the number of vehicles that are not driven home at night. Minutes Regular Council Meeting March 16, 1983 Page 6 Mrs. Leah Olivarri, Assistant to the City Manager, interjected that out of a total of 69 vehicles, 150 are being driven home. City Manager Martin continued by stating that there has been a reduction of 47% in the number of vehicles driven home. Mayor Pro Tem Turner expressed the opinion that she felt that this would answer the complaints of a number of citizens about vehicles being driven home by employees, She expressed appreciation to the City Manager and stated that she concurred with the plan to begin cooperative purchasing with other entities, and with this item 6, apparently the City is going out for bids in a cooperative effort. There were no further comments on these items. A motion was made by Mayor Pro Tem Turner that Consent Motions Nos. 1 through 9 be approved; seconded by Council Member Zarsky and passed unanimously. O*O*0*O*0*0*0*0*0 c0*0*O Mayor Jones called for consideration of Consent Ordinances and Ordinances from Previous Meetings on Items 10 through 17. There were no comments on these ordinances. City Secretary Read polled the Council for their votes and the following ordinances were approved: 10. ORDINANCE NO. 17523: AUTHORIZING AN APPRAISAL AGREEMENT WITH THOMAS F. DORSEY FOR REAL ESTATE APPRAISAL SERVICES FOR THE ACQUISITION OF TWO PARCELS IN CONNECTION WITH THE FURMAN SCHOOL AREA STREET IMPROVEMENTS; APPROPRIATING $1,250 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, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". 11. ORDINANCE NO. 17524: CLOSING AND ABANDONING THE 10 FOOT WIDE UTILITY EASEMENT CENTERED ON THE COMMON LOT LINE OF LOTS 14, 15, AND 16, BLOCK 17, LAGUNA VISTA SHORES SUBDIVISION: 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, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". .rtes i‘egular Council Meeting March 16, 1983 Page 7 12. ORDINANCE NO. 17525: CLOSING AND ABANDONING NOLAN AVENUE RIGHT-OF-WAY FROM A POINT 42 FEET SOUTH OF THE CENTERLINE OF McARDLE ROAD TO ITS PRESENT DEAD END 544.34 FEET SOUTH; A 5 FOOT WIDE UTILITY EASEMENT IN BLOCK 2 AND THAT PORTION OF A 5 FOOT WIDTH EASEMENT ALONG THE SOUTH SIDE OF LOT 10, BLOCK 3, OF SHERWIN PLACE UNIT 2; LUM AVENUE FROM A POINT 42 FEET SOUTH OF THE CENTERLINE OF McARDLE ROAD TO ITS PRESENT DEAD END 544.34 FEET SOUTH AND THE 5 FOOT WIDE UTILITY EASEMENTS SHOWN BY SAID SHERWIN PLACE UNIT 1 PLAT IN BLOCKS 1 AND 2; PROVIDING FOR REPLATTING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passe by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". 13. FIRST READING: AUTHORIZING A LEASE AGREEMENT WITH THE NUECES COUNTY COMMUNITY ACTION AGENCY FOR THE PURPOSE OF LEASING SIX PORTABLE BUILDINGS FOR THE HEADSTART PROGRAM. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". 14. SECOND READING: AMENDING THE CODE OF ORDINANCES, SECTION 57-179, PERTAINING TO AMBULANCE DRIVER PERMITS, TO DELETE THE REQUIREMENT FOR A PHYSICIAN'S STATEMENT, AND PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent" 15. THIRD READING - ORDINANCE NO. 17526: 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 third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". 16. THIRD READING - ORDINANCE NO. 17527: APPROPRIATING THE SUM OF $95,100.00 OUT OF THE 209 COMMUNITY CONVENTION FACILITY BOND FUND FOR PROJECT NO. 209-76-1.3, CONVENTION CENTER EQUIPMENT, AND AUTHORIZING THE PURCHASE OF CONVENTION CENTER EQUIPMENT AS SHOWN ON THE ATTACHED EXHIBIT "A". The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". 17. THIRD READING - ORDINANCE NO. 17528: 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 third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". Minutes Regular Council Meeting March 16, 1983 Page 8 Mayor Jones called for Consideration of Actions by Motions frorn the Regular Agenda. 18. Consideration of the future of the Cole Park house. Mayor Jones referred to the memorandum pertaining to this item and noted that if the house is sold , the City would realize between $8,000 and $12,000 from the sale of the house. Mr. Lontos pointed out that the City leases the house for about $9,000 per year , and Council Member Gulley expressed the opinion that he saw no reason whatsoever for disposing of a $70,000 house and losing that much rent money. He pointed out that it does not really obstruct the view of the bay because there is a lot of vacant land on each side of it. Mayor Pro Tem Turner disagreed and stated that (1) the City is talking about property on Ocean Drive that was donated to the City for park purposes; (2) it is a house on the beautiful bayfront and it could be sold as it is; (3) the house could be relocated and rented for $500 per month in the right place; and (4) the Council could have ii relocated and sell it for approximately $70,000 and have it back on the tax rolls. * Council Member Herbert Hawkins arrived at the meeting at 3:07 p.m. Council ;Member Kennedy agreed that the house should be sold because the City should not be in the business of renting houses. City Manager Martin explained that the City is basically not in the business except in special situations after property has been acquired that can be leased before some special project is started. Council Member Gulley again stated that at the time the tract was acquired, this house was located in the middle of the tract; the City felt that it was a revenue producing piece of property; and in his opinion, it is very poor business practice to dispose of something that produces $9,000 each year when if the house is sold, only approximately $9,000 profit would be obtained. Council Member Zarsky pointed out that if Mr. Gulley's statement is logical, then the old City Hall Building and Utilities Building should not be torn down since they, too, could be income producing. .inutes Regular Council Meeting March 16, 1983 Page 9 Mayor Pro Tem Turner noted that the Park Board approved the removal or relocation of the house. A motion was made by Mayor Pro Tem Turner that the Staff make arrangements for the removal of the house in Cole Park, seconded by Council Member Kennedy and passed by the following vote: Turner, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, Dumphy and Gulley voting, "No". City Manager Martin stated that the Staff will investigate to see what the best use would be for the structure. 19. Consideration of pending state legislation. Deputy City Manager Ernest Briones explained to the Council that two bills had been introduced in the Legislature, one in the Senate and one in the House, both of which propose a constitutional amendment that will require cities to pay taxes on property not within their jurisdiction. He explained that this City does have property outside of Corpus Christi, in particular, Lake Corpus Christi, and if this hill passes, that property will be subject to property taxes. He explained that one bill mentions land and the other addresses land and improvements and the difference in taxes would be tremendous if the improvements are taxed. He stated that the Staff was of the opinion that the City should notify the local representatives in the House and Senate expressing opposition to both bills. The Council indicated their concurrence, and Mayor Jones asked that letters be prepared for his signature to that effect. o*o*o*o*o*o*o*o*o*o*o*o*o Mayor Jones called for Consideration of Actions by Ordinance from the Regular Agenda. 20.* Resolution accepting the Von Blucher Gift Deed of Land adjacent to Blucher Park and expresssing the City Councils appreciation for the gift. Mayor Jones referred to Ordinance No. 21, Amending the Zoning Ordinance on the application of Mr. Ken Combs, and stated that he would disqualify himself since he is related to the applicant. Mayor Pro Tem Turner presided over this portion of the meeting. * Previously Approved Minutes Regular Council Meeting March 16, 1983 Page 10 Mr. Wenger located the arca on the zoning and ;and use map, described the land use in the surrounding area and showed slides of the vicinity. He reviewed the application and stated that a site plan had been submitted which included a freestanding sign which the Staff does not recommend be approved. He stated that the Staff also objects to the type of off-street parking that is planned. Mrs. Drue Combs, 414 Monette, referred to an amended site plan which she said was the result of discussions with the City Staff. She then displayed a transparency and stated that there is no head -in parking on their original site plan but Traffic and Transit Department has not approved it. She stated that the revised plan has five parking spaces less than the number required; the neighbors do not object to the "B-1" zoning; and the Council approved a special permit subject to an approved site plan. She expressed the opinion that the sign would be very attractive and would not detract from the neighborhood. Discussion followed on the possibility of revising the site plan as it pertains to parking spaces and Council Member Kennedy asked Mr. Wenger to comment on the parking circulation. Mr. Wenger stated that the original site plan submitted by Mr. Combs requires that they back out on to Airline which would he a very dangerous practice. Mr. Ken Combs addressed the Council and stated that they would like to have an exception to the parking requirements so that they could have two less spaces than required. Mrs. Combs stated that the plan as prepared by the City Staff only has ten parking spaces. Mrs, Combs stated tliat she would like to have this matter resolved today and they would like to retain the nice size illuminated sign. Mayor Pro Tem Turner pointed out that that neighborhood is a residential area in transition, and if this sign is approved, others will request the same approval of lighted signs which would he detrimental to the residential owners across Airline. Council Member Gulley noted that the plan prepared by the Staff is a good one but it needs five more parking spaces. He also approved of the circulation which is very important and he would prefer to approve this plan even without the required number of parking spaces. .utes Regular Council Meeting March 16, 1983 Page 11 A motion was made by Council Member Dumphy to approve the plan submitted jointly by the applicant and the Staff that does have circulation with a driveway in the rear. Council Member Gulley stated that he would second the motion but that it would create a precedent. The motion passed by the following vote: Turner, Dumphy, Gulley, Hawkins and Kennedy voting, "Aye"; Zarsky voting "No", stating that he preferred the other plan as previously discussed; Jones, absent from the Chambers during discussion and at the time the vote was taken. A motion was made by Council Member Gulley that the request for the freestanding illuminated sign be denied, seconded by Council Member Hawkins and passed unanimously. Mayor Jones returned to the meeting at 4:15 p.m. City Manager Martin explained the contract with Bennett, Martin and Solka Architects/Moyer Associates, Inc./Public Administration Services in regard to the study of space needs for the Police Department for the next twenty years. Mr. Martin referred to the bond issue for $540,000 which stated that it was for expansion of the Police Department and informed the Council that this could be an item in connection with such expansion, indicating that the cost would be $46,970. Council Member Zarsky suggested that if the Council is going to approve this today, they should also consider the possibility of using the existing City Hall for a police station and the public should decide whether this building should be torn down. City Manager Martin stated that without addressing the specifics of the City Hall, in particular, they could include in item 3 of the agreement for the study to consider any other presently owned available City buildings. Mayor Pro Tem Turner stated tht this is a good example of planning for the future and she was in favor of the study. She pointed out that in regard to future satellite police buildings, they should consider all areas of the City, and Mr. Martin assured her that the people making the study will determine the location of any satellites needed. Mayor Pro Tem Turner questioned if it was necessary to use this money from the 1977 bond issue since it was designated for expansion of the existing Minutes Regular Council Meeting March 16, 1983 Page 12 Police Building. She inquired if the City has the latitude to use this money for this study for this purpose. City Manager Martin stated that he felt that the money could be used for any expansion of police facilities but and could not be used for other bond projects. He stated that after payment for the cost of this study, the bond fund for this purpose would contain $604,000. Council Member Gulley stated that the study should include the use of the existing City Hall, Utilities Building and City Hall Annex if the new City Hall is built elsewhere. Mayor Jones stated that if the City is going to plan to use these buildings for some other purpose, then he questioned whether the bond issue would pass. Council Member Gulley pointed out that the Council does not really know what the public wants yet. Council Member Zarsky expressed the opinion that the possibility of using City Hall for some other purpose could have a good effect on the bond issue because it would indicate that the City is not adverse to saving money. A motion was made by Mayor Pro Tem Turner that the contract for the study be approved, seconded by Council Member Kennedy and passed unanimously. City Secretary Read polled the Council for their votes on Ordinances 21 and 22. 21. ORDINANCE NO. 17530: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF KEN COMBS, BY GRANTING A SPECIAL COUNCIL PERMIT ON LOT 1, BLOCK 6, KOOLSIDE ADDITION FOR ESTABLISHING A REAL ESTATE OFFICE AND COMBINATION RETAIL ANTIQUES, GIFTS, QUILTS, AND HOBBY SUPPLIES, INTERIOR DESIGN AND RETAIL SALES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, disqualifying himself from voting. 22. ORDINANCE NO. 17531: AUTHORIZING THE EXECUTION OF A CONTRACT WITH BENNETT, MARTIN AND SOLKA, ARCHITECTS/MOYER ASSOCIATES INC./PUBLIC ADMINISTRATION SERVICES FOR A STUDY OF THE SPACE NEEDS OF THE POLICE DEPARTMENT; APPROPRIATING $46,970 FOR THIS STUDY; 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 Kegular Council Meeting March 16, 1983 Page 13 o*o*o*o*c*o*o*o*o*o* Mayor Jones called for a report on the KISS Concert that was conducted at the Coliseum on Monday, March 14. Chief Bill Banner of the Police Department informed the Council that it was one of the best controlled concerts the City has ever had; the young people were well-behaved; there were very few detected with drugs; but some younger children were removed from the line if they were obviously ;in violation of the truancy law. Council Member Zarsky asked about the possibility of prohibiting smoking at the Coliseum, and Chief Banner stated that the enforcement would be almost impossible. Chief Banner also explained the costs of patrolling the concert and generally keeping order and it was ascertained that the amount of the rental by the promoters would just about offset the costs of the extra police officers placed on duty. Council Member Hawkins suggested that something should be done, possibly paid parking to offset some of the expenses. City Manager Martin stated that the Staff will continue to study such activities and possibly have recommendations at a later date. o*o*o*o*o*o*o*c*o*o*o Mayor Jones called for public hearings on three zoning applications. 1. APPLICATION No. 283-6, N. O. Simmons & Associates, Inc: for a change of zoning from "R-1 B" One -family Dwelling District, "B-4" General Business District and "1-2" Light Industrial District to "R-1 C" One -family Dwelling District being 270± acres out of the William J. Robertson 508.37 acre tract out of the Rincon del Oso Grant, Abstract No. 1 , located on the north side of Saratoga Blvd. , approximately 1,400' west of Greenwood Drive. Assistant City Manager Tom Utter informed the Council that 31 notices of the public hearing were mailed; none in favor, five in opposition and one in favor from outside the area of notification were returned. He stated that the Planning Commission and Planning Staff both recommend approval. No one spoke in regard to this application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. A motion was made by Council Member Dumphy that the zoning of "R -1C" for Application No. 283-6 be approved; seconded by Mayor Pro Tem Turner; and passed unanimously. Minutes Regular Council Meeting March 16, 1983 Page 14 *oT-)*o*o*o*o*o*o*o*o*o 2. Application No. 283-8, Mr. Faires P. Wade, et al: for a change of zoning from rT-1T Mobile Horne 'hark, Travel Trailer Pak or Mobile Home Subdivision to "B-4" General Business District on Tract 1 aND (0, Tract 1 being ori the north side of Saratoga Boulevard, approximately 1,600' east of Old Brownsville Road and Tract 2 being Brownsville Road. Tract 1 being 2.33± acres and Tract 2 being 0.79± acre, both tracts out of Lot 1, Womack Farm Lots. Mr. Utter informed the Council that fifteen notices of the public hearing had been mailed and one in favor and one in opposition had been returned. He stated that both the Planning Commission and the Planning Staff recommend approval. Speaking in opposition to this zoning case was Mrs. B. J. McCrea who stated that the change in zoning affects her and her property. She informed the Council that Mr. Wade never cleans up his property and consequently, she had a large number of rats on her property after Mr. Wade developed the property near hers. Mayor Jones questioned the correlation between the zoning case and the rats that she had sufferred from. Mr. Cliff Sapp, representing Mr. Vvade, provided history in regard to this land. He stated that in reference to the property near the home of Mrs. McCrea, they only want to extend the "3-4" zoning down to include that small portion of land and stated that they plan to construct a road and develop that land behind her property. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Mayor Pro Tem Turner that the zoning of "3-4" be approved for Application No. 283-8; seconded by Council Member Hawkins; and passed unanimously. City Manager Martin reminded the Council that the next case, Application No. 183--5, Blado and Dean Investments has been withdrawn by the applicant. City Secretary Read polled the Council for their votes on the ordinances effecting the zoning changes approved, and the following were passed: ORDINANCE NO. 17532: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF N. O. SIMMONS & ASSOCIATES, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO PORTIONS OF THE WILLIAM J. ROBERTSON 508.37 ACRE TRACT OUT OF THE RINCON del O5O GRANT, ABSTRACT NO. 1, NUECES COUNTY, TEXAS, FROM lutes negular Council Meeting March 16, 1983 Page 15 "R -1B" ONE -FAMILY DWELLING DISTRICT, "B-4" GENERAL BUSINESS DISTRICT, AND "1-2" LIGHT INDUSTRIAL DISTRICT TO "R -1C" ONE -FAMILY DWELLING DISTRICT; 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". ORDINANCE NO. 17533: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF FAIRES P. WADE ET AL, BY CHANGING THE ZONING MAP IN REFERENCE TO TRACTS 1 AND 2, BEING PORTIONS OF LOT 1, VIOMACK FARM LOTS, FROM "T-1" MOBILE HOME SUBDIVISION, TRAVEL TRAILER PARK, OR MOBILE HOME SUBDIVISION, TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hwkins, Kennedy and Zarsky voting, "Aye"; Gulley, "abstaining". O*0*0*0*0*0*0*0*0*0*0 Council Member Hawkins stated that he was very impressed with City Manager Martin's vehicle report and asked that copies be sent to various groups at their expense who might be interested in this, mentioning in particular, the League of Women Voters, LULAC, Corpus Christi Taxpayers' Association and other groups that might be interested. He inquired as to whether or not those groups are on the mailing list for the agenda and then requested that the Council be provided with a copy of the mailing list for the agenda. 0*0*o*o*0*o*o*0*0*0*0*0 Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Sarah Graham, 5302 Everhart, President of the Corpus Christi Area Convention and Tourist Bureau, stated that she had been out of town for several weeks and was unable to attend the meetings of the City Council at which time people protested against the location of the library and City Hall on the bayfront. She stated that in reading the newspapers, she ascertained that people appeared indicating that they represented a majority of the citizens of Corpus Christi, whereas in reality, she felt that they did not. She stated that she was of the opinion that the City needs activity on the bayfront that is aesthetically pleasing and she felt that this was an ideal location for the City Hall because it represents the entire City. Mrs. Graham continued by reminding the Council that a great deal of funds have been spent on studies of the bayfront, including the Sasaki -Walker Report, and every one of the studies indicated that the City Hall should be Minutes Regular Council Meeting March 16, 1983 Page 16 located on Shoreline. Mrs. Graham stated that she had discussed this with a number of people and she felt that the majority of the people do not prefer that City Hall be located up on the hill near the County Courthouse. She suggested that if it is possible that the City Council is going to call any kind of election, she felt that an opinion referendum should be conducted. Mrs. Graham informed the Council that she was speaking on behalf of the Convention and Tourist Bureau, who unanimously approved her presentation. She questioned why people wanted additional parks at this location because ordinarily, such amenities do not attract people and she felt that the location of beautiful buildings in this area would attract more people to the urea and improve it. Council Member Kennedy stated that for practical purposes, you cannot structure a bond issue to say "do you want City Hall ori Shoreline or do you want it on the hill". City Manager Martin stated that the Council could call a referendum on the location of City Hall prior to the bond election because he agreed that the bond election cannot be predicated on a certain location. Mr. Miguel Pro also addressed the Council indicating his concurrence with Mrs. Graham's remarks. He stated that the people in the Downtown Business Association do not want anything moved from downtown because it would be detrimental to all of the downtown businesses since a lot of their business is generated by people coming to City Hall and those who are employed there. Council Member Zarsky stated that he felt that the Council was hearing another side of the story. He agreed that a referendum on the location should be conducted prior to the bond election so that the Council would have the true opinion of the majority of the people. He stated that if the Council does not call a referendum election, he would have a problem with item 6 of the motion previously approved because it requires demolishing all of the existing buildings and there is a lot of value in those buildings. He stated, in fact, he felt that the word in item 5 which states "commit" should be changed to "submit to the people the choice of demolishing these buildings". A motion was made by Council Member Zarsky to reconsider item 6 on the motion passed on March 14, 1983; seconded by Council Member Hawkins. Council Member Kennedy stated that he would like to have some examples of ways to provide people with information who were interested on this matter. .nutes Regular Council Meeting March 16, 1983 Page 17 1 -le pointed out that one of the things under discussion seemed reasonable economically except for the fact that there is a need for a new City Hall. He stated that he would like to have this question answered. Council Member Dumphy referred to an event that was held the preceding evening and stated that there were a lot of comments from Chamber of Commerce members who expressed the same feelings that Mrs. Graham had expressed. He stated that, possibly, this is the location most people want for City Hall and he was not sure that the people who protested this location the preceding Wednesday really represented a majority of the people. Council Member Hawkins pointed out that he had always supported the idea of a referendum to determine the preferred location. Council Member Gulley stated that he, too, had talked with a lot of Chamber of Commerce members who feel very strongly that the City Hall Building should be located on Shoreline. He concurred that the people who addressed the Council the preceding Wednesday did not really represent a majority of the people and he felt that the location is a primary point of concern and agreed that there should be a referendum. City Secretary Read suggested that the Council might wish to conduct an election for a nonbinding referendum and, in order to save money, they might consider combining precincts and having fewer clerks to reduce the cost of the election as much as possible. Mrs. Graham addressed the Council again and stated that a lot of the people involved in the Convention and Tourist Bureau were out of the City and they were not present last week because they understood that the Council had already made the decision to construct City Hall on Shoreline and did not know that there would be so much opposition to this. She again stated that she felt that the people who spoke last Wednesday did not represent all of the people. Mayor Jones interjected and asked Mrs. Graham if she was aware that Tony Bonilla, Ed Harte and T. Frank Smith spoke in opposition to the location on Shoreline. Mrs. Graham responded by stating that they really have no more votes than she did and were not any more representative of a majority than she is. A motion was made by Council Member Zarsky to conduct a referendum to determine the preference of the location of City Hall; seconded by Council Member Hawkins; and passed unanimously. Minutes Regular Council Meeting March 16, 1983 Page 18 City Secretary Read inquired if that motion supersedes the motion approved by the Council on March 14, 1983, and the Council indicated that it did not. City Manager Martin pointed out that if this motion does not supersede the motion of March 14, the Staff is wasting time and money in an attempt to restructure the Kinney Street Public/Private Venture in the vicinity of the Courthouse. He explained all of the problems involved. Mayor Jones stated that he felt that the City would have to cease action on item 4 of the motion until after the referendum and the Council agreed with City Manager Martin that they wanted to have a referendum on the location of City Hall before items 4, 5 and 6 of Motion No. M83-0128 is enacted. City Manager Martin stated that the Staff of the City would work on the referendum and have suggestions for the manner in which it should be conducted the following week. There being no further business to come before the Council, on motion by Council Member Gulley, seconded by Council Member Hawkins and passed unanimously, the Regular Council Meeting was adjourned at 6:20 p.m., March 16, 1983. DZ/rr