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HomeMy WebLinkAboutMinutes City Council - 05/11/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 11, 1983 2:00 P.M. PRESENT: Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Herbert Hawkins, Jr. Dr. Charles W. Kennedy, Jr. Cliff Zarsky ABSENT: Mayor Luther Jones Council Member Bob Gulley City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Ass't. City Secretary Dorothy Zahn Mayor Pro Tem Betty N. Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by Mr. Victor Lara Ortegon, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Cliff Zarsky. City Secretary 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 Zarsky that the Minutes of the Regular Council Meeting of April 27, 1983 be approved as presented; seconded by Council Member Kennedy; and passed unanimously. Mayor Pro Tem Turner noted the issuance of the following proclamations: "NAVY NURSE CORPS WEEK" - May 8-14, 1983; "NURSING HOME WEEK" - May 8-15, 1983; "MEDICAL ASSISTANCE DAY" - May 14, 1983. * * * * * * * * * * * * * Mayor Pro Tem Turner recognized the General Manager of American Airlines. =MIMED SEP / q 1984 SEP 191984 tes ._jular Council Meeting May 11, 1983 Page 2 Mr. Bill White announced that American Airlines will now have a direct flight to Austin beginning June 10, 1983; this flight will continue to Chicago which will enable American Airlines to provide a connection to about sixty cities. He explained that this new flight is being advertised in all sixty of those cities. He then extended a personal invitation to the City Council Members to attend the inauguration of the flight to Austin on June 10th. * * * * * * * * * * * * Mayor Pro Tem Turner recognized representatives of Community Unity concerning the Multi -Cultural Center. Mr. Bill Coston, 6834 Sahara, representing Community Unity, presented copies of an information binder to the Council Members. Mr. Coston reviewed the history of Community Unity and their aim which was to undertake the development of the Multi -Cultural Center. He reviewed the contents of the booklet and explained the various committees that had been established to work on the project. He assured the Council that they had worked with ethnic groups in the community and this was their final proposal for development of the center. He explained that the booklet included revised site plans, a courtyard plan and a rough draft budget. He stated that they would like to turn this over to the City Staff for development of the center. Mr. Coston suggested that the Council approve the employment by the Chamber of Commerce of a program planning consultant to visit with various groups to find out more about their ethnic background and culture. He suggested that Ms. Margaret Wead be employed on a part-time basis as this consultant. Mr. Bill Hennings, Assistant City Manager, described the site plan that had been prepared including the historic homes in the same area. Mr. Coston urged that the Council approve the plan as presented and complimented the City Staff for their expert assistance on this project. Mayor Pro Tem Turner complimented Mr. Coston and his group for all of their efforts in making the plan work and to bring the community together. Council Member Zarsky referred to the renderings and questioned the fact that there do not seem to be any covered areas for activities in inclement weather. Mr. Coston stated that this does not have much covered areas but there will be space to bring in tents, etc. Council Member Zarsky suggested that some type of covered structure be included in the plans so that activities would not have to be cancelled during rain, etc. Mr. Coston agreed that the City Staff could work along those lines with the architect. tes h..uular Council Meeting May 11, 1983 Page 3 Council Member Kennedy expressed the opinion that the design would allow for people -oriented areas for many activities and expressed appreciation to the Community Unity. Mr. Victor Lara Ortegon inquired about the source of funds for this project. Assistant City Manager Hennings stated that this is the Multi -Cultural Center that was included in the 1977 Bond Fund. A motion was made by Council Member Kennedy that this plan be accepted by the City and that it be referred to the City Staff for implementation; and that the recommendation of the Community Unity group be accepted that the Chamber of Commerce be authorized to employ Ms. Margaret Wead to serve as Program Planning Consultant; seconded by Council Member Zarsky; and passed unanimously. City Manager Martin stated that this item will be on the agenda for action next week. Council Member Kennedy stated that the Council had conducted a meeting of the Reinvestment Zone #1 and expressed appreciation to the Staff for the preparation of the plans for improvements on the Bayfront. He expressed the opinion that it is a workable plan and will allow for implementation of many new projects for the good of the community. * * * * * * * * * * * * * Mayor Pro Tem Turner called for Consideration of Motion from the Consent Agenda on items 1 through 10. She explained that the City Council Members had been furnished with backup material on these items prior to the meeting. 1. Proposals be received May 19, 1983 for a telephone system for the Corpus Christi Police Department. 2. Approving a twelve month supply agreement for approximately 530 High Potential Magnesium Anodes with backfill for the Gas Division for cathodic protection of gas lines to prevent corrosion on the basis of low bid with: Harco Corporation, Houston, Texas: $43,660.70 Four bid invitations were issued and three bids were received. Prices have decreased 4$ since the previous contract of March, 1982. 3. A twelve months supply agreement for 188,000 lbs. (94 tons) of regular Portland Type I Bulk Cement for the Street Division for use as stabilization material for street construction be approved based on only bid with: Texas Industries, Corpus Christi: $ 6,420.20 tes h..uular Council Meeting May 11, 1983 Page 4 Prices have decreased approximately 1% since the previous contract of February, 1982. 4. Thirteen automobiles be purchased as follows: a. Courtesy Ford Import, Corpus Christi: 10 each Ford LTD Sedans @ $ 8,229.60 1 each Ford LTD Station Wagon @ 8,542.82 Total - $90,838.82 b. Creveling Motor Co., Corpus Christi: 2 each Dodge Aries @ $ 7,288.39 Total - $14,576.78 Grand Total - $105,415.00 The only bid received which met the minimum wheelbase specs (108") was from Menger Olds on the Oldsmobile Cutlass at a unit price of $9,394.16 for the sedans and $9,617.92 for the station wagon. The sedan unit price is $203.78 higher than the price paid for full size Police patrol cars. After a further review of the needs of the requesting departments, it is recommended that the Ford LTD (105.6" wheelbase) and the Dodge Aries (100.1" wheelbase) be purchased. Bids were received from four firms. Price comparison shows an increase of approximately 5% since last year's purchase. The vehicles are included in the 1982-83 Budget. 5. One vibratory asphalt roller be purchased for the Street Division based on low bid from Waukesha -Pearse Industries, Corpus Christi for $42,880.00. Eleven bid invitations were issued and five bids were received. A 1967 model roller will be replaced. The roller is included in the 1982-83 Budget. 6. One wheel loader for the Street Division be purchased from Cooper Equipment, San Antonio, on the basis of low bid meeting specifications of $65,831.08. Price has increased 11% since the last purchase of similar equipment in July, 1980. The low bids of $62,208 by Nueces Ford Tractor, $63,670 by Conley -Lott Nichols and $65,404.57 by Gulfside, Inc. did not meet operating weight, tipping load and breakout force specifications. Eight bids were received. The loader is included in the 1982-83 Budget and will replace a 1969 model. City Manager Martin explained that this is the same item that was on the agenda the previous week; there was some discussion last week and the Council asked that it be withdrawn; the bidder indicated that he had been informed by Staff members that the load limit that he had bid was satisfactory; this had been investigated and it was ascertained that no one had told him this; and the Staff still recommends that the award be made to Cooper Equipment since their bid was the lowest bid meeting specifications. tes n..yular Council Meeting May 11, 1983 Page 5 7. A fifteen foot flail mower be purchased for the Park Division, based on low bid from Ag -Line International, Corpus Christi, for $31,900.00. Thirteen bid invitations were issued and two bids were received. The mower is included in the 1982-83 Budget and will replace a 1977 model. 8. Extending the Depository Contract with Corpus Christi National Bank until the new City Council is elected; cancelling the Certificate of Deposit interest rates presently in the contract providing for payment of current Certificates of Deposit rates on investments of City funds, and providing for all other conditions of the contract to remain in effect. 9. Accepting the Greenwood Branch Library Air Conditioning System Modifications project and authorizing final payment of $17,764 to Anslinger, Inc. for a total of $59,560. A time extension of 26 working days is recommended in addition to liquidated damages based on 26 days, at $55.00 per day. 10. The City Manager be authorized to execute an agreement with the Music Performance Trust Fund, 1501 Broadway, Suite 315, New York City, New York, for twelve summer concerts in 1983, which will be played by the Corpus CHristi Musician's Association, Inc., Local No. 644, at a compensation of $750 per performance, not to exceed $9,000 in total, for the purpose of providing the citizens of Corpus Christi with musical performances for their benefit and enjoyment. 10a. Authorizing the City Manager or his designee to submit a grant application under the Urban Parks and Recreation Recovery (UPARR) program for financial assistance for the rehabilitation and renovation of the South Seas Community Recreation Center, H.E.B. and Meadow Park Pool, and Greenwood Softball Complex for a total grant application of $331 ,427, with the City's share being $33,143, the source of which will be authorized bond funds and funding commitments from the South -East Park and Recreation Foundation, for the duration of the grant period, not to exceed beyond October 1, 1984. There were no comments from the Council on the motions and Mayor Pro Tem Turner called for comments from the audience on the Consent Motions. Mr. Bill Hough, Corpus Christi Equipment Company, 4444 Baldwin Boulevard, stated that they are a locally -owned and operated company and they submitted a bid on the vibratory asphalt roller referred to in item 5. He expressed the opinion that their equipment is far superior to the one on which the recommendation is made for award because it has a wider roller and can cover more area. He stated that the price differential is only $235.00. He expressed the opinion that a brief demonstration for the City Staff of the machines would convince them that the Ingersoll-Rand Machine is preferable to the one recommended for bid. tes h..gular Council Meeting May 11, 1983 Page 6 Council Member Zarsky inquired of the City Manager if the crews who actually use the machines have an opportunity to see them in operation before a bid award is recommended. He expressed the opinion that possibly it would be a good idea to see the machines bid in operation. City Manager Martin assured the Council that the City performs on-site inspections on some items. He stated that it would be illegal to prepare specifications for a specific machine or piece of equipment of only one of a kind. He stated that if the Council felt that two machines should be examined, then all of the machines which were bid should be examined, and Mr. Zarsky suggested that all of the machines could be demonstrated on the same day at a particular location. Council Member Kennedy expressed the opinion that the Council should instruct the Staff to do the best job they can in recommending award of bids. He stated that he did not think that the Council should become involved in actual awards as they seem to be doing lately. Dr. Kennedy then suggested that an agenda item for discussion on the criteria that is used for a bid description be scheduled as soon as possible. Assistant City Manager James K. Lontos stated that the Staff does go out of their way to examine equipment at various shows and exhibits and are familiar with nearly all of the equipment on which bids are received. Mayor Pro Tem Turner requested Mr. Lontos to prepare some type of report on the criteria used to prepare specifications for pieces of equipments such as this and Mr. Lontos indicated that this report could be ready in about three weeks. Mr. Richard Mitchell, Superintendent of the Street Division, stated that one reason his Office did not recommend award of contract for the purchase of the Ingersoll-Rand Machine was because they have a problem loading that particular model. He explained that this machine will not be used on the hot -mix program but will be used on the seal -coat program and the other machine with the smaller roller would perform better. Speaking in regard to item 6 was Mr. Dale Roth, representing Gulfside, Incorporated. He questioned the City Staff's recommendation for bid award and referred to the statement in the specifications to the effect that the City of Corpus Christi reserves the right to waive minor bid specifications, etc. He mentioned the inconsistency in bid awards. Mr. Tom Bagnall, Regional Manager of Conley -Lott Nichols Company, also questioned the bid award recommendation on item 6. He stated that the bid specifications were exceedingly difficult to match. Mr. Bill Young, Cooper Equipment Company of San Antonio, pointed out to the Council that the City has purchased six machines from them; all of them are still in service; and he felt that the recommendation of the Staff was correct. Council Member Hawkins indicated that he would support the Staff recommendation on all of the items, including item 6. to s R yular Council Meeting May 11, 1983 Page 7 A motion was made by Council Member Kennedy that items 1 through 10a be approved; seconded by Council Member Dumphy; and passed by the following vote: Turner, Dumphy, Hawkins and Kennedy voting "Aye" on all of the items; Zarsky voting, "Aye" on all of the items with the exception of item 6 on which he voted "no"; Jones and Gulley, "absent". * * * * * * * * * * * * * Mayor Pro Tem Turner called for Consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 11 through 15. There were no comments from the Council or members of the audience; City Secretary Bill Read polled the Council for their votes; and the following ordinances were approved: 11. ORDINANCE NO. 17591: CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREET: South Padre Island Drive, S.H. 358, North and South Frontage Roads and Bridge Approaches to Cayo Del Oso Bay; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, "absent". 12. ORDINANCE NO. 17492: AMENDING THE CORPUS CHRISTI URBAN TRANSPORTATION STUDY -1979 ADOPTED BY ORDINANCE NO. 15135 CHANGING THE BALDWIN BOULEVARD URBAN CROSS SECTION FROM AGNES STREET TO LEOPARD STREET FROM A TYPE G PAVEMENT DESIGN TO A TYPE E PAVEMENT DESIGN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, "absent". 13. FIRST READING: AUTHORIZING AMENDMENTS TO THE CAR RENTAL SERVICE CENTER LEASES AT CORPUS CHRISTI INTERNATIONAL AIRPORT. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, "absent". ites n.,gular Council Meeting May 11, 1983 Page 8 14. SECOND READING: APPROPRIATING $29,653.87 FOR THE PURCHASE OF BOOKS FOR THE NORTHWEST LIBRARY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye", Turner and Gulley, "absent". 15. THIRD READING - ORDINANCE NO. 17593: CLOSING THE 1200 THROUGH 1500 BLOCKS OF NORTH SHORELINE BOULEVARD, SOUTHBOUND DIRECTION OF TRAVEL FROM 8:00 A.M., MONDAY, JULY 11, 1983, THROUGH NOON TUESDAY, JULY 19, 1983: AND CLOSING THE 1200 THROUGH 1500 BLOCKS OF NORTH SHORELINE BOULEVARD, NORTHBOUND DIRECTIONS OF TRAVEL FROM 6:00 P.M., FRIDAY JULY 15, 1983, THROUGH MIDNIGHT SUNDAY, JULY 17, 1983; PERMITTING THE MEXICAN UNITY COUNCIL THE USE OF STREETS, SIDEWALKS, MEDIANS AND SEAWALL TO HOST A FERIA HISPANICA FESTIVAL ON JULY 15, 16, AND 17, 1983; AUTHORIZING EXECUTION OF ATTACHED APPLICATION/PERMIT; PROVIDING AN EFFECTIVE DATE FOR PUBLICATION; AND PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the third time and passed by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Gulley, "absent". * * * * * * * * * * * * * Mayor Pro Tem Turner called for Consideration of Actions by Motion from the Regular Agenda on items 16 through 19. 16. The City Manager or his designee be authorized to apply for up to 50% matching financial assistance from the Texas Parks and Wildlife Department for further development of Corpus Christi Beach in accordance with the Bayfront Master Plan as a public outdoor recreation area in the amount of $354,250 and to execute all related documents upon approval of the grant application. 17. The City Manager or his designee be authorized to apply for up to 50% matching financial assistance from the Texas Parks and Wildlife Department for the development of the Seawall overlooks along Shoreline Boulevard in accordance with the Bayfront Master Plan as a public outdoor recreation area in the amount of $80,000, and to execute all related documents upon approval of the grant application. 18. The City Manager or his designee be authorized to apply for up to 50% matching financial assistance from the Texas Parks and Wildlife Department for the development of 22 acres of the 70 acre South Guth Park as a public outdoor recreation area and authorizing the execution of all documents necessary to implement the grant if it is approved. tes h_uular Council Meeting May 11, 1983 Page 9 19. Authorizing the City Manager or his designee to apply for financial assistance and execute all related documents for three development grants of $50,000 each from the Texas Historic Preservation Grants Program. The development grants will be submitted on behalf of LULAC Council #1 for the Grande -Grossman House; the Corpus Christi Arts Council for the Merriman-Bobys House; and the City of Corpus Christi for the Galvan House to provide assistance in instituting a program of restoration to the three structures. For each dollar of state grant funds provided, a local match of two dollars cash is required. Assistant City Manager Utter explained the applications included in items 16 through 18, noting that the plans for Corpus Christi Beach include the large parking lot in the center of the beach which will contain 141 parking spaces and noted that it will include parking on Surfside, park improvements and restroom facilities and two large shelters. He explained that the other access parking points will have shelters and playground equipment, landscaping and water fountains. Mr. Utter referred to item 17 and stated that the plans are for the development of two of the five to seven overlooks included in the Bayfront Master Plan. He explained that these will have a shelter with seating arrangements and some landscaping. Mayor Pro Tern Turner suggested that water fountains be included as well as telephones. Mr. Terry Dopson, Director of Park and Recreation, stated that water is available at the site and fountains could be installed. Mr. Dopson then explained that item 18 is for the development of a nature type of park and that the Corps of Engineers, Pharaoh Valley Association and the Audobon Society have all worked on this park. Mayor Pro Tem Turner commented that a group of citizens headed by Mr. Barry Pillinger had undertaken the effort to improve this park and they were to be commended for their efforts. Mr. Utter explained item 19 and stated that it is for the development of two of the houses in the historic preservation area of the Bayfront Plaza. Mayor Pro Tem Turner called for comments from the audience on these items. Mr. John Stensland questioned why the City is requesting a grant in the name of LULAC and the Corpus Christi Arts Council. City Manager Martin informed him that the Arts Council is under contract with the City to operate the Merriman-Bobys House and LULAC will be responsible for the Grande -Grossman House. He noted that the funds will be used by those organizations but it is City property; therefore, the application must be submitted in the name of the City. to s h..yular Council Meeting May 11, 1983 Page 10 Mrs. Kathryn Countiss asked for description of the seawall overlooks and Mr. Utter explained that they are actually resting areas to provide shade and seats for citizens and tourists to enjoy observing the water activities in the area. A motion was made by Council Member Dumphy that items 16 through 19 be approved; seconded by Council Member Hawkins and passed unanimously. 20. Consideration of pending state legislation. Mayor Pro Tem Turner informed the audience that Mayor Jones is in Austin testifying before the Legislature in support of the Foreign Trade Zone for Corpus Christi. Deputy City Manager Ernest Briones stated that indications are that this bill will pass. Mr. Briones continued by stating that the Senate had arrived at a tentative compromise on the Gulf annexation bill to limit annexation to three miles. He stated that the oil companies and the cities approved the compromise which would allow annexations in the Gulf up to 3* miles with the option to extend 1.4 to 1.5 miles for a creation of industrial districts. He stated that apparently, Port Arthur is in agreement with this, and Senator Schwartz has assured the City that their interests will be protected. He summarized by stating that the City of Corpus Christi could annex up to 3.4 miles into the Gulf. He stated that the bill will be on the Senate floor the following date; it will then go to the House; and indications are that it will pass both houses. Mayor Pro Tem Turner expressed appreciation to Mr. Briones for his efforts in the State Legislature. Mr. Briones continued by informing the Council that several bills pertaining to the Peveto Bill have been proposed. He stated that one bill proposed would provide for some changes on the Tax Appraisal Board and it is scheduled for floor action very soon. He explained that it will mandate that the Appraisal District can perform the duties of Collector of Taxes and, if they do not wish to, then one member unit of the district could collect all of the taxes for all governmental entities. He stated that the bill as proposed would make it mandatory that only one entity could collect taxes for all of the entities. He pointed out that this City has a better collection rate than any other entities. Council Member Kennedy inquired as to who would make the decision as to which entity would be tax collector, and Mr. Briones replied that the Board would make that decision. City Manager Martin interjected that the County has statutory powers and might be the entity selected as the Tax Collector. A motion was made by Council Member Dumphy that the City express opposition to this bill, seconded by Council Member Kennedy and passed unanimously. tes n_yular Council Meeting May 11, 1983 Page 11 * * * * * * * * * * * * * Mayor Pro Tem Turner called for Action by Ordinance from the Regular Agenda on items 21 through 23. Assistant City Manager Utter referred to Ordinance No. 21 amending the City's assessment policy for Community Development Block Grant areas and informed the Council that the City had received a formal copy of a letter from HUD to the effect that the City's waiver request for special assessments to be levied against property owners for street improvement projects has been granted. He explained that the waiver requires that the assessments to be levied will not exceed the costs of the improvements funded from non CDBG sources; CDBG funds will be used to pay the assessments for low and moderate income owner/occupants; and such payments will be considered non-interest bearing loans to those owner/occupants, repayable only if they sell their homes. Mr. Utter explained that assessment rates in Community Development areas would be based on property use rather than zoning; if there was a non owner/occupant of one or two family structures, 3% Community Development Block Grant loans would be made available; if someone was paying on their assessment who did not meet the low to moderate income criteria but later through circumstances beyond their control they did qualify under the low to moderate income level, they could be considered for the no interest loans. He explained that to implement this policy, flyers will be sent out to try to contact everyone so that they will be aware of the fact that these loans are available at no interest. Council Member Hawkins inquired if the City could be required to reimburse assessment payments on other street projects which had been funded by Community Development Block Grants. Mr. Utter explained that since August 1, 1982, there has only been one project which was the Washington -Coles Area and only one or two families are in the category of low to moderate income levels in that vicinity. City Manager Martin explained that the exposure period is August of 1980 through today. Mayor Pro Tem Turner called for comments from the audience on this ordinance. Mrs. Catalina Martinez, 1309 Sixth Street, representing the residents of the Spohn Hospital Area, stated that they are pleased that through their work and efforts, they have been proven to be right in regard to assessments in Community Development Block Grant areas. She stated that they have been informed that this City has not been in compliance with HUD regulations since 1979. She stated that her organization plans to appeal this so that money can be refunded to low and moderate income families in areas in which assessments were previously charged under this type of street reconstruction. She stated they object to the waiver because (1) the people who obtain loans will always have a lien against their property until it is sold; (2) objected to the 3% loans for absentee landowners; and (3) she expressed the opinion that the City tes uular Council Meeting May 11, 1983 Page 12 should undertake a more thorough study of this matter rather than spending so much money for development of the Bayfront. Mrs. Martinez continued by mentioning another problem that she has discovered in that asbestos pipe is being used to carry water to their homes and she was of the opinion that it may be harmful to their health. She explained that she has researched this with the Health officials and Water officials who indicate that they see no problem but the Environmental Protection Agency has stated that water aggressiveness would not remove the danger from the use of asbestos pipe for water lines. Assistant City Manager Lontos stated that he had made the statement that the City has used this type of pipe for 20 years; there are many miles of it in the ground; the pipe meets specifications; there is no asbestos in the water supply; and he sees no danger whatsoever in this type of pipe being used for water lines. He pointed out that even the American Waterworks Association has approved the use of this pipe. He explained that he will prepare a letter in regard to the questions that Mrs. Martinez has raised. He explained further that the City uses asbestos pipe for lines up to 20 inches and the transmission lines are constructed of ductile iron pipe. Mr. Cecil Jenkins, 1119 Sixth Street, referred to the fact that at the time Corpus Christi Beach was annexed to this City, the City requested that the public pay an additional 504 per month on their water bill for the sewer system. He noted that that charge was supposed to last for five years, yet, it is still in effect. He pointed out that the only improvements made by the City in the Spohn Hospital Area was changing the streets from shell to asphalt. He also questioned the contractor who is performing the work in the Spohn Hospital area and questioned the mechanic's liens which listed charges for assessments that are much more than in other areas of the City. City Manager Martin pointed out that this would be changed according to the new regulations established by HUD. Mr. Jenkins continued by referring to the statement that the City Council had made to the effect that the City has never foreclosed on any property because of unpaid assessment loans, yet the City is in the process of mailing foreclosure notices on homes for back taxes. Mr. Utter informed Mr. Jenkins that that statement was made in regard to assessments, not back taxes. Mayor Pro Tem Turner expressed the opinion that the new assessment policy will be much better for those homeowners of low or moderate incomes. Mrs. Kathryn Countiss, a property owner on Del Mar and Third Street, complained of the narrowing of Third Street as a part of this project. She also questioned whether or not Spohn Hospital had to pay assessments for the street improvements around the hospital. She requested that the City Secretary send her a certified copy of the payment made by Spohn Hospital for their assessments. tes h..dular Council Meeting May 11, 1983 Page 13 Mrs. Betty Stensland, 910 Booty Street, stated that she did not want a sidewalk and she objected to the assessment because she was not in the moderate income level but she would have difficulty paying it. She explained that the sidewalk constructed was too close to her house which eliminated privacy with people walking along the sidewalk. She stated that she is also concerned about the asbestos water pipes. Mrs. Stensland continued by stating that the sidewalk that had just been installed in the 1200 block of Seventh is a rolling -type sidewalk and is not level. Mr. Lontos explained that the Staff had recommended that the sidewalk be moved to the curb in Mrs. Stensland's case and when a sidewalk is installed against the curb, it is usually 5' wide. Mayor Pro Tem Turner requested that Mr. Lontos personally go out and examine Mrs. Stensland's property and the sidewalk in question. Mrs. Gloria Perez, 1317 Seventh Street, objected to the assessments and the new policy because it will still be difficult for people who are not in the low or moderate income level but do not have the money to pay the assessments. She, too, referred to the poor construction of the sidewalk in the 1200 block of Seventh Street. Mr. Gus Leija, President of the G. I. Forum, stated that his organization fully supports Mrs. Martinez in her efforts in this matter. Mrs. Dortha Lee Richter, 1617 Sixth Street, also expressed concern about the asbestos water pipes which she felt were a danger to the residents. No one else spoke in regard to Ordinance 21. In regard to Ordinance 22 which refers to the zoning application of Mr. Exiquio Barrera for a special permit for a parking lot, Mr. Larry Wenger, Director of Planning, briefly reviewed the case which was on Bonner Drive for the purpose of creating a parking lot to serve Kiko's Restaurant which fronts on Everhart. He explained that the applicant has submitted a site plan that has been approved and which locates the driveway very close to the other business on the corner. Speaking in opposition to this ordinance granting the special permit was Mrs. Jane Sipes, 4825 Bonner, who stated that she was speaking on behalf of her mother, Mrs. Hazel Lord, whose property is directly behind the parking lot location. She referred to the fact that the Council had asked Mr. Barrera to contact Mrs. Lord and other neighbors to work out a plan that would be agreeable to them. She stated that this was not done because Mr. Barrera had never contacted them. She questioned whether the customers would only turn left on Bonner Drive. Council Member Kennedy expressed the opinion that there would be no reason for people to go down Bonner Drive. ites jular Council Meeting May 11, 1983 Page 14 Also speaking in opposition was Mr. Jimmy Sipes of the same address. He referred to the excessive noise that occurred on the vacant property between the hours of 11:00 p.m. and 4:00 a.m. He stated that it is so noisy that they are unable to sleep and he felt that approving the parking lot would create more problems. Mrs. Sipes inquired if the owners of Kiko's Restaurant could be requested to install gates and lock them when the restaurant is closed to eliminate the noisy vehicles, motorcycles, etc. that congregate on this lot. Council Member Dumphy suggested that the applicant be contacted to see if the owner would install chains to lock the parking lot after the restaurant closes. A motion was made by Council Member Zarsky that the special permit for Mr. Exiquio Barrera for a parking lot be approved with the stipulation that the lot be locked after 11:00 p.m., that the lights to be installed in the parking lot be directed away from Mrs. Lord's property; and that access be granted to the neighbor directly to the east of the parking lot property. The motion was seconded by Council Member Hawkins and passed as follows: Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner voting, "No"; Jones and Gulley, "absent". There were no questions or comments from the audience on Ordinance 23. City Secretary Read polled the Council for their votes and the following ordinances were approved: 21. FIRST READING: AMENDING CHAPTER 49, CORPUS CHRISTI CODE, STREETS AND SIDEWALKS, SECTION 49-21, TO PROVIDE FOR A POLICY OF STREET PAVING ASSESSMENTS IN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Gulley, "absent". 22. ORDINANCE NO. 17595: GRANTING A SPECIAL COUNCIL PERMIT ON THE APPLICATION OF MR. EXIQUIO BARRERA, III, ON LOT 3, BLOCK 3, GARDENDALE SUBDIVISION FOR A PARKING LOT AND OFFICE FOR KIKO'S RESTAURANT SUBJECT TO CONDITIONS AS SPECIFIED, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, "abstained"; Jones and Gulley, "absent". tes uular Council Meeting May 11, 1983 Page 15 23. FIRST READING: AMENDING SECTION 55-5 (C-3), CORPUS CHRISTI CODE, BY REVISING TRANSIT SYSTEM RATES SCHEDULE FOR INTRASTATE CHARTER SERVICE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, "absent". * * * * * * * * * * * * * Mayor Pro Tem Turner announced the public hearings on four zoning applications: 24. Application No. 383-16, Mr. John Holcomb: for a change of zoning from "R -1B" One -family Dwelling District with "SP" Special Permit and "113-1" Neighborhood Business District with "SP" Special Permit to "B-4" General Business District on Lot 19-B, Block 7, Gardendale No. 1, located on the east side of Everhart Road, approximately 175' north of Holly Road. Recommendation of the Planning Commission: That it be denied but in lieu thereof that "B-1" with a special permit be granted. Mr. Wenger informed the Council that of the twelve notices of the public hearing that were mailed, four in favor and none in opposition had been returned. He stated that the Planning Commission recommends denial and in lieu thereof, that "B-1" zoning be granted on the area zoned "R -1B" and a revised special permit be granted for the entire tract. He stated that the applicant had concurred with this and an approved site plan has been submitted. Mayor Pro Tern Turner ascertained that no one in the audience wished to speak on this zoning application. A motion was made by Council Member Dumphy that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. A motion was made by Council Member Dumphy that the zoning as recommended by the Planning Commission be granted, seconded by Council Member Kennedy and passed unanimously. 24. ORDINANCE NO, 17596: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JOHN HOLCOMB BY CHANGING THE ZONING ON LOT 19-B, BLOCK 7, GARDENDALE NO. 1 FROM "R -1B" ONE -FAMILY DWELLING DISTRICT WITH "SP" SPECIAL PERMIT AND "113-1" NEIGHBORHOOD BUSINESS DISTRICT WITH "SP" SPECIAL PERMIT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT WITH A SPECIAL COUNCIL PERMIT FOR A STORAGE BUILDING; AND DECLARING AN EMERGENCY. tes I._jular Council Meeting May 11, 1983 Page 16 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, "absent". * * * * * * * * * * * * 25. Application No. 483-4T, County Creek Corporation: for a proposed change to the text of the City Zoning Ordinance #6106 to amend Article 31 , Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.51 setting forth zoning classifications of "R -1B" One -family Dwelling District, "R -1C" One -family Dwelling District and "R-2" Multiple Dwelling District on a tract of land when annexed to the City of Corpus Christi, Texas, located on the south side of Saratoga Boulevard approximately 1 ,300' east of Rodd Field Road. Mayor Pro Tem Turner determined that no one in the audience wished to speak on this application. A notion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Council Member Hawkins that the zoning as requested be approved, seconded by Council Member Dumphy and passed unanimously. 25. ORDINANCE NO. 17597: AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 A NEW SUBSECTION, 31-5.51 SETTING FORTH ZONING CLASSIFICATION OF SAID AREA OF LAND DESCRIBED AS TRACTS 1, 2, 3, 4, 5, AND 6 OUT OF SECTION 26, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Gulley, "absent". * * * * * * * * * * * * 26. Amendment to the Zoning Ordinance to create a "RA" One -family Dwelling District to provide for a minimum lot sizes of 15,000 square feet: 27. Amendment to the Zoning Ordinance by adding a new section numbered 26-8 to provide that existing single-family buildings and mobile homes used for residential purposes which become non -conforming by adoption of a comprehensive zoning plan may be reconstructed or replaced if totally destroyed by fire or an act of God. Mr. Wenger noted that the Planning Commission recommended approval of these requested amendments to the zoning ordinance. tes i._yular Council Meeting May 11, 1983 Page 17 No one spoke in regard to either of these requests. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Council Member Hawkins that the requested amendments be approved; seconded by Council Member Dumphy and passed unanimously. 26. ORDINANCE NO. 17598: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI BY ADDING ARTICLE LIC, "RA" ONE -FAMILY DWELLING DISTRICT REGULATIONS; BY AMENDING ARTICLE 24, HEIGHT, AREA, AND BULK REQUIREMENTS, SECTION 24-1, BY ADDING A NEW ARTICLE TO BE NUMBERED 4C; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, "absent". 27. ORDINANCE NO. 17599: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI BY ADDING A NEW SECTION NUMBERED SECTION 26-8; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Gulley, "absent". * * * * * * * * * * * * Mayor Pro Tem Turner called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Gus Leija, President of G. I. Forum and representing LULAC Council #1, stated that he was concerned about the appointments that were made the preceding week by the Council and the County for the Private Industry Council. He objected, in particular, to the appointment of Mr. Welder Brown as the Community-based appointment and expressed the opinion that there is no Hispanic representation on the Private Industry Council. He then referred to a letter sent to the Council from Mr. Cantu in regard to this. City Manager Martin stated that seven people were appointed, and Mr. Briones noted that there is only one representative of Community-based Organizations. Council Member Dumphy stated that the law dictates where the appointees should come from and he felt that the Council and the County had complied with that regulation. tes dular Council Meeting May 11, 1983 Page 18 Mr. Leija stated that he would have no objection if the Council had selected someone who is attuned to the Hispanic organizations. Mr. Briones assured the Council that the Staff will respond to Mr. Cantu's letter. There being no further business to come before the Council, on motion by Council Member Zarsky, seconded by Council Member Kennedy and passed unanimously, the Regular Council Meeting was adjourned at 5:10 p.m., May 11, 1983. * * * * * * * * * * * * * DZ/rr