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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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".
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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".
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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.
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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.
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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.
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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
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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".
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Kegular Council Meeting
March 16, 1983
Page 13
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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.
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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.
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Regular Council Meeting
March 16, 1983
Page 14
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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
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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
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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.
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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.
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