HomeMy WebLinkAboutMinutes City Council - 05/18/198300,2-(-A
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
MAY 18, 1983
2:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Teni Betty N. Turner
Council Members:
Jack K. Dumphy City Manager Edward Martin
Bob Gulley City Attorney J. Bruce Aycock
Herbert Hawkins, Jr. City Secretary Bill G. Read
Dr. Charles W. Kennedy
Cliff Zarsky
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Mrs. Nancy Stevens in the absence of the
invited minister, following which the Pledge of Allegiance to the Flag of the
United States was led by Mayor Pro Tem Betty N. Turner.
City Secretary Bill G. Read called the roll of required Chartered Officers
and verified that the necessary quorum was present to conduct a legally
constituted meeting.
Mayor Jones then administered the oath to the following newly appointed
members of Boards and Committees: Mr. Emery Janice, Sister City Committee,
and Mrs. Nancy Stevens, Housing Authority.
Note: Later in the meeting, Mayor Jones administered the oath to Mr. A.
J. Sandoval, III, Transportation Advisory Board.
A motion was made by Mayor Pro Tem Turner that the Minutes of the
Regular Council Meetings of May 4 and May 11, 1983 be approved as presented;
seconded by Council Member Zarsky; and passed unanimously.
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MICROFILMED
SEP 191984
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Mayor Jones announced consideration of the bond sale resolution and
ordinance.
City Manager Martin reviewed the bids received and stated that the Staff
is very pleased with the four bids. He noted that the bids represent fifty
banking institutions and the low bidder was Inter First Bank of Dallas. 1 -le
explained that this will authorize issuance of the bonds and the sale will be
completed prior to June 30, 1983 which is the effective date of registration.
* Council Member Hawkins arrived at the meeting at 2:15 p.m. during the
foregoing explanation.
A motion was made by Council Member Gulley that the following resolution
be adopted, seconded by Council Member Zarsky.
City Secretary Read polled the Council for their vote on the resolution and
it passed as follows:
RESOLUTION NO. 17600:
APPROVING THE FORM OF THE OFFICIAL STATEMENT PERTAINING TO CITY
OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 1983,
AND AUTHORIZING RATIFYING AND APPROVING THE OFFICIAL STATEMENT
AND THE USE THEREOF IN THE OFFERING AND SALE OF SAID BONDS, AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, and Zarsky voting, "Aye",
Dumphy and Kennedy, "absent".
A motion was made by Council Member Gulley that the ordinance providing
for the issuance of General Improvement Bonds be adopted, seconded by
Council Member Zarsky.
City Secretary Read polled the Council for their vote and the following
ordinance was passed:
ORDINANCE NO. 17594:
BY THE CITY COUNCIL OF THE CITY CF CORPUS CHRISTI, TEXAS
PROVIDING FOR THE ISSUANCE OF $11,045,000 CITY OF CORPUS CHRISTI,
TEXAS GENERAL IMPROVEMENT BONDS, SERIES 1983, BEARING INTEREST AT
THE RATES ASSESSMENT AND COLLECTION OF A TAX SUFFICIENT TO PAY
THE INTEREST ON SAID BONDS AND TO CREATE A MATURITY; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, and Zarsky voting, "Aye",
Dumphy and Kennedy, "absent".
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Mayer Jones called for Actions of the Council from the Workshop Session
on the following item:
The staff plan for the Turkey Creek drainage project be approved.
A motion was made by Council Member Gulley that the foregoing be
approved, seconded by Council Member Hawkins and passed unanimously.
* * * * * * * * * * * * *
A motion was made by Council Member Gulley, seconded by Council Member
Hawkins, that the following resolution be approved:
15a. RESOLUTION NO. 17604
CCNFIRMINC THE APPOINTMENT BY THE CITY MANACER, PURSUANT TO THE
CITY CHARTER, ARTICLE !II, SECTION 3, OF ARMANDO CHAPA TO THE
POSITION QF DIRECTOR OF JOB TRAINING; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins and Zarsky voting, "Aye";
Dumphy and Kennedy, "absent".
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* *
Mayor Jones called for Consideration of the following Consent Motion which
had been added as an emergency:
12A. An academic leave of absence in excess of one year be granted to Sgt M.
E. Lloyd in accordance with Section 955.3 of the Compensation Plan.
A motion was made by Mayor Pro Tem Turner that the foregoing motion be
approved, seconded by Council Member Zarsky and passed unanimously.
* * * * * * * * * * * * *
Mayor Jones announced the Consideration of the Motions from the Consent
Agenda on items 1 through 12.
1. Bids be received Jure 7, 1983 for an estimated three months supply or
45,970 feet of cooper tubing to be used by the Water, Gas and Transit
Divisions. Bids are not solicited for a longer period of time because the
price of copper fluctuates frequently.
2. Bids be received June 7, 1983 for 200 zoning map books used by various
City Divisions and sold to the general public.
3. Plans and specifications be approved for the Clemmer-Dillon-Nemec Street
Improvements_ project, and bids be received on June 15, 1983. This 1982
Voluntary Paving project provides for the reconstruction of Clem mer Street
from Ayers to Naples Street, Dillon Lane from Port Avenue to S.H. 286
and Nemec Street from Ayers Street to Hamlett Drive.
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4. Plans and specifications for the St. Andrews Park Site Development project
be approved and bids be received on June 15, 1983. Improvements include
two tennis courts, a multi-purpose play court, amphitheater/shelter area,
gazebo, shuffleboard court, bike and jogging trail and landscaping. This
project was approved in the 1982 bond election and has matching grant
funds from the Texas Local Park, Recreation and Open Space Fund.
5. Twelve months supply agreement for an estimated 188 1" to 16" lubricated
plug valves for the Gas Division be approved based on the low bid meeting
specifications be awarded to Norvell Wilder Supply, Corpus Christi, for
$57,393.05. Six bid invitations were issued and four bids were received.
Prices have decreased an average of 2% since the previous contract of
April, 1982. The apparent low bid from Alloys of Texas of $42,087.83 did
not meeting valve specifications. Their valve has a cylindrical plug which
has caused problems in the past. The specifications call for a tapered
plug. Rockwell International and Norvell Wilder, bidding on tapered
valves, submitted identical bids. Norvell Wilder is recommended based on
being a local firm.
6. Twelve months supply agreement for 9,600' of 4" - 24" Ductile Iron Pipe,
400' of 30" - 48" Ductile Iron Pipe, 51,924' of 6" - 16" Asbestos Cement
Pipe and 10,000' of 6" Poly Vinyl Chloride Pipe for the Water Division be
approved based on low bid:
U. S. Pipe & Foundry
Dallas, Texas
Ductile Iron Pipe
Aqua Utility Supply
Corpus Christi
Asbestos Cement Pipe
Aqua Utility Supply
Corpus Christi
Poly Vinyl Chloride Pipe
$140,737.00
$169,590.91
$ 24,400.00
TOTAL $334,727.91
Nine bid invitations were issued and eight bids were received. Prices
have decreased less than 2% on the Ductile Iron Pipe, increased an average
of 16% on the Asbestos Cement Pipe, and increased an average of 17% on
the Poly Vinyl Chloride Pipe since the previous contract of April, 1982.
The increases are due to the cost of material used in the manufacturing of
the Asbestos Cement and Poly Vinyl Chloride Pipe.
7. Twelve months supply agreement for approximately 80 fire hydrants for the
Water Division to be used as replacements for worn hydrants, hydrants
damaged in vehicular accidents or in waterline rehabilitation projects be
approved based on low bid to Chilton Associates, Plano, Texas for
$32,359.20. Ten bid invitations were issued and eight bids were received.
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Prices have increased less than 1% since the previous contract of May,
1982.
8. Pump bowl assemblies for Service Pump #1 and kaw Water Pump #2 at the
Stevens Plant be purchased from Fluid Power Equipment, Inc., Houston,
Texas for the total amount of $32,015.00, on the basis of low bid. The
bowl assemblies are necessary to rebuild the pumps to their full pumping
capacity. The rebuilding of the two pumps is included in the 1982-83
Budget.
9. A public hearing be held June 8, 1983, on the closure request of Second
Street between Morgan Avenue and Elizabeth Street and the 20 foot wide
alley in Block II, Ocean View Subdivision contiguous to Second Street.
The request is made by Spohn Hospital because of their plans to expand
ground level parking in the Second Street area north of Spohn Hospital.
10. Approving Change Order No. 8 for $7,900.80 to the contract with W. T.
Young Construction Company for the second phase of expansion at the
Broadway Wastewater Treatment Plant. It provides for the application of a
textured structural coating to the outside wall of two old digesters being
used in the construction of the new grit removal facility and return flow
reconditioner. No appropriation is required.
11. A letter of indemnity posted by El Paso Exploration Company be accepted
in lieu of a bond and they be granted a permit to drill a well from a
regular location in the Gulf of Mexico. The State Tract 894 Well No. 1 will
have a surface location 5,400 ft. seaward of the Fish Pass and will be
directionally drilled 2,012 ft. toward shore to a depth of 9,000 ft. The
letter of indemnity reflects a net worth in excess of $20,000,000 and the
Gulf Drilling Ordinance authorizes the Council to accept such indemnity
agreements in lieu of a $200,000 bond. No exceptions to the Gulf Drilling
Ordinance are requested.
12. Accepting the proposals of the Community Unity Committee of the Chamber
of Commerce for the Multicultural Center project, and instructing the City
Manager to take the necessary steps for implementation.
Council Member Gulley referred to the rough draft budget presented on
item 12 and asked for a comparison of the budget and the funds available for
this project.
City Manager Martin explained that the bond sale provided $720,000 and
with the interest earnings to date, there is approximately $850,000 for this
project which should be ample for the plans as presented.
Mayer Pro Tem Turner inquired if any of the boards and commissions had
been involved in this project, and Assistant City Manager Tom Utter stated that
the Municipal Arts Commission had been and the Park Board reviewed it the
preceding day.
** Council Member Charles Kennedy arrived at the meeting at 2:32 p.m.
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There were no comments from the audience on the foregoing motions.
A motion was made by Mayor Pro Tem Turner that Motions 1 through 12 be
approved, seconded by Council Member Hawkins and passed unanimously by
those present and voting.
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*
* *
Mayor Jones announced the Consideration of the Consent Ordinances and
Ordinances from Previous Meetings on Items 13 through 20.
Mayor Jones called for comments from the audience on these ordinances.
Mrs. Catalina Martinez, 1309 Sixth Street, referred to Ordinance No. 117
which provides for an amended policy of street paving assessments Fan
Community Development Block Grant Projects. Mrs. Martinez stated that sfhe
represented the residents of the Spohn Hospital Area and they were of the
opinion that in spite of the proposed change in the assessment ordinance, tittle
City will still have a policy of charging poor residents for assessmernts
associated with street improvements. She stated that they are still very much
opposed to any assessments in Community Development Block Grant finanned
Street Improvement Projects. She pointed out that all citizens help pay dor
improvements through their taxes. Mrs. Martinez also expressed oppositiorn to
the development of the reinvestment zone by the use of tax dollars while there
are still many areas of the City that need basic improved services. She alleged
that taxes in her area are already being increased in anticipation of the
completion of the street improvements. She also objected to the widening; of
some of the streets in the Spohn Hospital Area and pointed out that the
assessments for street improvements are not fair because the streets are used
by all citizens.
Mrs. Martinez continued by pointing out to the Council that the City has
been levying assessments against the poor people since 1979 for stneet
improvements and this is wrong and they should be reimbursed for any
assessments they have paid. She urged that the low and moderate income
property owners not be assessed at all.
Council Member Hawkins explained that he would again vote in favor of
this amendment to the Code of Ordinances to revise the policy of street paying
assessments because for years, the low and moderate income citizens were
assessed under the previous assessment policy under another Council and he
felt that this proposed change is a significant step in the right direction, to
change the assessment policy. He noted that it might be possible to eliminate
assessments for the low income citizens but this would require further
investigation and he felt that this was a good step for the entire City. He did
agree, however, that the policy could be changed further after more study has
been made.
Council Member Gulley asked for an explanation of what the ordinance
basically changes as opposed to what was previously/included in the ordinance:.
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City Manager Martin explained that (1) it provides for a different
assessment policy on property in the Community Development Block Grant areas
in that if property is used for residences it will be assessed at residential rates
regardless of what the zoning is; (2) it provides that any owner/occupant in
the low or moderate income level will be allowed to borrow money at no interest
rate to pay the assessment and those assessments will not be due until the hou-ne
is sold; (3) if anyone in the area meets that criteria during the term of their
leases, their assessments can he reviewed at a later date to see if they qual'i.ify
for the no interest loans; and (4) it provides for 3% loans for payment of the
assessments for non-occupant/owners so that it will not be necessary for the
owners to increase rents.
Mayor Pro Tem Turner commended Mrs. Martinez for her efforts to effect
these major changes in the assessment policy of the City. She commented that
many of the homes in the neighborhood are badly in need of improvements and
repairs and asked if anything could be done to help the property owners
renovate their houses.
*** Council Member Jack Dumphy arrived at the meeting at 2:52 p.m.
City Manager Martin stated that he felt that this ordinance would provide
relief for those residents who cannot afford to pay their assessments and that
possibly, the property owners could obtain funds for renovation of their
property through another program in the City.
Speaking in regard to Ordinance 16, which is the first reading authorizing
a travel agency concession at the Airport, was Mr. Don Stacy, 4502 South
Staples. Mr. Stacy referred to his attempt to establish a travel agency some
time ago at the Airport. He reminded the Council that by a four to one vote,
the Council stated that they would guarantee him the opportunity to operate his
travel agency if the Airport Advisory Board agreed to such use and deemed
that a travel agency at the Airport would be appropriate. Mr. Stacy informed
the Council that he had followed the Council's direction and had worked with
Mr. Sealy and with the Airport Advisory Board and it was his understanding
that he would be awarded the first concession following which bids would be
received if any other travel agencies desired to establish a concession at the
Airport. He stated that he did not understand what had happened because at a
later date, the City advertised for bids for this type of concession. He
informed the Council that his bid was almost twice as much as that of his
competitor and he is still not going to have the bid award. He asked why this
was done.
City Manager Martin explained that the bid that Mr. Stacy submitted first
listed a percentage of 2.11% and Mr. Stacy later amended that to 21%.
Mr. Stacy pointed out that the 2.11% was based on gross receipts and
later, an addendum was sent out to make it more clear that the reference
should have been made to gross revenues rather than gross receipts. He also
referred to the error in the performance bond included in the same document in
that one document states that the concessionaire will have to deposit a $3,0h00
bond and in another place, it mentions a $5,000 bond. Mr. Stacy challenged
the recommendation for the award to Sanborn's International Travel Service.
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Assistant City Manager Lontos took issue with Mr. Stacy's statements. He
stated that he had tried to explain the situation to Mr. Stacy and reviewed the
events that had occurred, stating that at the time the recommendation was made
to the Council to go out for bids for this, the Staff was not aware that other
companies would be interested; but after this was determined, the specifications
mentioned gross revenues. He pointed out that if the minimum guarantee is
considered, Sanborn's presented the best bid, even if the Council decides to
accept the figure of 21.1% rather than the 2.11%.
Mr. Stacy again pointed out that he had done everything the Council
requested that he do and that they had implied that he would be granted the
concession for a travel agency at the Airport if he followed their instructions.
Mr. Mark Johnstone, 5517 Wooldridge, representing Sanborn's International
Travel Service, explained that there were some discrepancies in the
specifications; he asked for a clarification of the discrepancies; and then
submitted his bid.
Also speaking in regard to the ordinance pertaining to the street
assessment policy was Mrs. Katy Perez, 1317 Seventh Street. She stated that
she was speaking for herself and her grandmother and all other residents of
the 1300 block of Seventh Street. She expressed opposition to any assessments
being charged the property owners in the Spohn Hospital Project Area.
There were no further comments on these ordinances; City Secretary Read
polled the Council for their vote and the following ordinances were passed:
13. ORDINANCE NO. 17601:
AUTHGRIZING AN AGREEMENT TO REIMBURSE THE CHAMBER OF COMMERCE
FOR THE EXPENSE CF DEVELOPING PROGRAMMING FOR THE MULTICULTURAL
CENTER; APPROPRIATING $6,000; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
14. ORDINANCE NO. 17602:
ACCEPTING THE TRACY ADDITION STREET IMPROVEMENTS PROJECT AND
AUTHORIZING FINAL PAYMENT; APPROPRIATING $123,705.92 FOR THE FINAL
PAYMENT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
15. ORDINANCE NO. 1 7603 :
AUTHORIZING THE EXECUTION OF A CONTRACT WITH LA -MAN
CONSTRUCTORS, INC., FOR THE MEADOW PARK RECREATION CENTER
EXPANSION PROJECT; APPROPRIATING $299,500 FOR THIS CONTRACT; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
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16. FIRST READING:
AUTHORIZING A CONTRACT WITH SANBORN'S INTERNATIONAL TRAVEL
SERVICE TO PROVIDE FULL TRAVEL SERVICE AT CORPUS CHRISTI
INTERNATIONAL AIRPORT FOR A PERIOD OF THREE YEARS.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Turner, Gulley, Hawkins and Kennedy
voting, "Aye"; Dumphy and Zarsky voting, "No".
17. SECOND 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 second time and passed to its third
reading by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and
Zarsky voting, "Aye"; Gulley voting, "No".
18. SECOND 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 second time and passed to its third
reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins,
Kennedy and Zarsky voting, "Aye".
19. SECOND READING:
AUTHORIZING AMENDMENTS TO THE CAR RENTAL SERVICE CENTER LEASES
AT CORPUS CHRISTI INTERNATIONAL AIRPORT.
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins,
Kennedy and Zarsky voting, "Aye".
20. THIRD READING - 17605:
APPROPRIATING $29,653.87 FOR THE PURCHASE OF BOOKS FOR THE
NORTHWEST LIBRARY.
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarksy
voting, "Aye".
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P::ayer Jones called for Action on Motions from the Regular Agenda on items
21 through 23.
City Manager Martin withdrew No. 21 which was a request to close and
abandon a 50 foot wide water line easement near Sharpsburg Road.
22. Consideration of pending state legislation.
Deputy City Manager Ernest Briones stated that there is a bill pertaining
to water rights which he would like to ask Mr. Douglas Matthews to explain.
Mr. Douglas Matthews, Director of Public Utilities, provided background
information by informing the Council that the City began acquiring water rights
on Nueces River some time ago so that water would be available to the City to
handle any foreseeable needs in the future. He noted that there is House Bill
1482 to allow Cities to retain the water rights and also Senate Bill 730
pertaining to the same subject. He stated that the Staff would like for the
Council to support both of these bills.
A motion was made by Mayor Pro Tem Turner that the Council express
support for H.B. 1482 and S.B. 730; seconded by Council Member Zarsky; and
passed unanimously.
* * * * * * * * * * * * *
Mayor Jones departed the meeting at 3:15 p.m. and Mayor Pro Tern Turner
presided during his absence.
23. Adopting a program for purchase of vacant properties in the Clear Zones
of the Naval Air Station Mainside, Cabaniss Field, and Waldron Field, all in
accordance with the 1982 bond issue.
Mr. Larry Wenger, Director of Planning, referred to his memorandum
setting forth the timetable for acquisition of land at the Naval Air Station. He
explained that the bend issue passed only allows the City to purchase vacant,
undeveloped property. He pointed out that the need is to purchase property in
the clear zones near the Naval Air Station to provide protection for the Navy
facility.
Mr. Wenger then briefly described the following clear zone areas to be
purchased and the order in which he is recommending the purchase.
a. The clear zone area at the end of Runway 31 L & R at Naval Air Station
Mainside, west of Naval Air Station Drive south of the south gate.
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b. The clear zone area at the end of Runway 17, Cabaniss Field which is at
the intersection of Ayers and Saratoga.
c. The clear zone area at the end of Runway 31 , Waldron Field, which has
sanitary sewer services and water services available to it, but there is a
drainage outfall problem.
d. The clear zone area at the end of Runway 35, Naval Air Station Mainside.
There are no sewer or water lines extending into the area at the present
time.
e. The two clear zone areas located at the end of Runway 13 and 17, Waldron
Road, which do not have sewer or adequate drainage.
f. The clear zone area at the end of Runway 35, Waldron Field, which only
has water service available.
g•
The clear zone at the end of Runway 31, Cabaniss Field, which is
presently outside the City but does have City water but no sewer
services.
h. The clear zone at the end of Runway 13, Cabaniss Field which is mostly
vacant and is just north of the City Sanitary Landfill between Greenwood
and Ayers. There is water service within close proximity to this area; it
has sewer service through a force main to the westside plant; but the only
drainage is through the ditch system along Ayers and Greenwood to the
Oso Creek.
i. The clear zone area at the end of Runway 35, Cabaniss Field, which is
outside the City and is a considerable distance from the present City limit
line and there is no water or sewer facilities close to this area; therefore,
it is the lowest of the priorities.
Mr. Wenger continued by stating that these are the Staff priorities but
they may change as development in the area occurs. He noted that one or two
property owners have indicated that they do not want to sell their vacant
property but would consider selling what is referred to as development rights;
however, it had been determined that the price that would have to be paid
would be approximately 90% of fee title purchase.
Mayor Fro Tem Turner inquired if anyone's property would be separated
and also inquired if each individual has been notified that consideration is being
given to purchasing their property.
Mr. Wenger replied that none of the property will be separated except one
tract which is a 20 -acre tract and just a small portion of it will be purchased.
Mr. Wenger stated that they had not all been notified but would be after the
Council approves this priority list.
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Mayor Pro Tem Turner inquired if after attempting to purchase the
property and the City is unsuccessful, condemnation proceedings will be
instigated.
City Manager Martin stated that they would, if necessary. He then
explained the procedure for this.
Mayor Pro Tem Turner asked about the property owners who are not
interested in selling and the City wants to purchase the property.
City Manager Martin stated that that would not be a problem if the
property is zoned "F -R" and there is no development which is exactly what the
City is trying to accomplish. He stated that, under those circumstances, the
City would be happy to just leave the property in the same ownership. City
Manager Martin continued by stating that the City will attempt to purchase the
property at the appraised cost. He explained that the purpose of the rezoning
recently was not to change the value of the property. He noted, however, that
the longer it goes without being purchased, the more likely the land value will
be reflected in the current zoning. He assured the Council that every parcel
purchased will have to be approved by the City Council prior to purchase.
Council Member Gulley inquired if this would be true of property valued at
less than $5,000.
City Manager Martin stated that not ordinarily would that type of purchase
be presented to the Council if it is for less than $5,000. He assured the
Council that if they preferred, however, the Staff would present every
purchase of the property near the Naval Air Station to the Council for
approval. The Council indicated that they would like to have all of these
purchases before them for approval.
Mayor Pro Tem Turner called for comments from the audience on Item 23.
A member of the audience indicated that he had a question about
Ordinance No. 24 which authorizes the acquisition of a parcel of land located at
the south gate of the Naval Air Station.
The Council decided not to take any action on Item 23 until this gentleman
had spoken.
Mr. Wenger provided an explanation of Ordinance No. 24 by stating that it
is for the purchase of two full lots and a portion of other lots; it is vacant
land; and the price of acquisition is $23,018 which includes the appraisal fee
and title costs. Mr. Wenger explained that the Staff has been negotiating with
the owner who lives in California and he does want to sell the land. He stated
that this is for the purchase of parcel 49.
Speaking in regard to this ordinance was Mr. William R. Morris, 1122
Clarion Drive, who stated that he sold his property to Mr. Coussa. He
informed the Council that he had been in contact with Mr. Coussa who had
stated that he had been offered $25,000 for this property but it was later
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reduced to $22,500. Mr. Morris stated that he is concerned because he owns
some adjacent property; he tried to sell his property to the Navy
unsuccessfully; he then tried to develop his property; but he was not allowed
to because the zoning had been changed to "F -R". He stated that since he
cannot do anything with his property, he would like to have it considered for
purchase by the City.
City Manager Martin assured Mr. Morris that if the Council approves Item
23, the Staff will be ready to discuss this with him. He also assured Mr.
Morris that they are not considering the rezoning of the land in making
appraisals because the "F -R" zoning was established for protection of the Naval
Air Station, not for value reduction.
Note: Mayor Jones returned to the Council Meeting at 3:50 p.m.
A motion was made by Mayor Pro Tem Turner that Item 23 be approved,
seconded by Council Member Zarsky and passed unanimously.
* * * * * * * * * * * *
City Secretary Read polled the Council for their votes and the following
ordinance was appro\,ed:
24. ORDINANCE NO. 17606:
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FCR THE
ACCL!ISITION GE A PARCEL IN CONNECTION WITH THE NAVY CLEAR ZONES
LAND ACQUISITION PROJECT; APPRCPRIATING $23,018; 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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Mayor Jones announced the public hearings on five zoning applications.
25. Application No. 383-4 - Flour Bluff Lumber & Supply and Mr. Phillip
Bradshaw, Sr.: for a change of zoning from "B-4" General Business
District with "SP" Special Permit on Tract 1, "R -1B" One -family Dwelling
District with "SP" Special Permit and "R -1E" Cne-family Dwelling District
on Tract 2, and "B-4" General Business District on Tract 3 to "1-2" Light
Industrial District on all Tracts, on Lots 7, 8, 11, 18 through 22, Block
6, Flour Bluff Point Subdivision, located along Stone Street, between Derca
Street and S. Padre Island Drive.
Assistant City Manager Tom Utter informed the Council that of the
seventeen notices of the public hearing that were mailed, six in favor plus nine
from outside the area of notification in favor were returned and two in
opposition were returned. He stated that both the Planning Commission and the
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Page 14
Planning Staff recommend denial of the "1-2" zoning but in lieu thereof, that a
special permit with certain conditions be approved. He stated that a site plan
has been submitted which meets the condition set forth by the Plannbn,g
Commission.
Mr. Wenger located the area on the zoning and land use map, described
the land use in the surrounding area, showed slides of the area and located the
various lots to be rezoned.
He explained that the applicant plans to tear down the existing structure
and build a new store, storage facilities, and to have outside storage of lumber
and other building materials. Mr. Wenger then explained the restrictions
recommended to be included on the special permit as follows: (1) that no
access be permitted to Dema Street; (2) that access be limited to South Padre
Island Drive or the first 185' north of South Padre Island Drive on Stane
Street; and (3) that a standard screening fence be erected around the portion
of the property located in the "R -1B" zoning district. He noted that the
existing use, a lumber yard, has been there for a number of years, and tine
use is compatible with the adjacent uses on South Padre Island Drive but that it
does extend into a residential area. He also stated that the Staff recommended
limiting the signage to 145 square foot sign which would be free-standing on
Padre Island Drive and no other signs be allowed.
Speaking on behalf of the applicant was Mr. Michael Kendrick. He noted
that the property that his client's property surrounds is very unsightly. He
then provide photographs of the lots inside his client's lots. He noted that
they are the only ones who are opposed to this change of zoning request. Itir.
Kendrick pointed out to the Council that the Navy has encouraged industrial
development and this would be in compliance with their desires. He stated that
the applicant is agreeable to "1-2" zoning but does not agree to the special
permit because the owner needs access to Stone Street. He stated that his
client is willing to erect the screening fence on Dema Street and they are of the
opinion that the new construction will actually improve the neighborhood. He
urged that the "1-2" zoning be approved with the condition that the standard
screening fence be constructed along Dema Street but that they objected to the
requirement for a screening fence on a portion of Stone Street. He also
objected to the prohibition of one sign on Padre Island Crive since they would
like to have one on the side of the building. Mr. Kendrick continued by
stating that his client would also like to have a driveway entrance from Stone
Street.
Discussion of the site plan between the Council and the applicant followed.
Council Member Gulley pointed out that such restrictions could not be
attached to "1-2" zoning.
Mr. Utter pointed out that if a special permit is approved, the Council
could require "1-2" uses plus the installation of the standard screening fence.
He suggested that a special permit be approved for "1-2" uses with the
additional requirement that a screening fence he constructed on Dema Street
and the first 50 feet on Stone Street with a gate allowed on Stone Street which
would be kept locked except when the tractor/trailer trucks need to gain
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Page 15
entrance, He stated that the Staff still recommends that the signage be limited
to Padre Island Drive.
Mayor Jones pointed out that there are some residences in the surrounding
area that need protection.
Mr. Kendrick again objected to the large number of conditions attached to
the special permit.
Council Member Kennedy inquired if the applicant would have to appear
before the Council for a special permit every time he wanted to construct a
lumber storage shed.
Mr. Utter stated that in the Staff's opinion, the property owner would not
have to do this.
Council Member Kennedy inquired about the requirements if "1-2" zoning is
granted, and Mr. Utter explained that the applicant would only have to install a
screening fence on the side of the property that abuts the residential property
to the west.
Mr. Kendrick informed the Council that the applicant would be willing to
install the screening fence on Dema Street but did object to the screening fence
on Stone Street. He suggested that a deed restriction be included that would
require the installation of the fence on Dema Street.
Mr. Utter pointed out that the City cannot enforce deed restrictions and
they cannot approve contract zoning.
Council Member Gulley inquired if it might be reasonable to zone the back
portion "1-2" and allow the front portion to remain zoned "B-4".
Further discussicn followed.
Mr. Utter reiterated that a zoning ordinance does not allow for a condition
to be placed on any zoning. He expressed the opinion that the Staff could
prepare a special permit that will not require Mr. Bradshaw to come in each
time he wants to construct a storage shed on his 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 Council Member Dumphy that the property on which
the existing lumber yard is located be granted a special permit for "1-2" uses;
the tract in the rear be granted a special permit for "1-2" uses; a screening
fence required between the residences and the existing lumber yard, along
Dema Street and down Stone Street for fifty feet; a service drive in the 25 -foot
setback at the corner of Dimas and Stone Street be allowed but the main access
to the parking lot would be on the special permit for "1-2" uses zoned property
at any location just past the "B-4" zoned property; and that the "B-4" zoned
property remain zoned as it is.
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The motion was seconded by Council Member Kennedy.
Council Member Zarsky inquired if this would establish a precedent, and
Mr. Utter stated that very, very seldom is a special permit approved that limits
use to a particular zoning. He agreed that this is a different type of case but
it probably would establish a precedent.
The motion passed unanimously.
Mr. Wenger informed the Council that the ordinance effecting this zoning
change would be on the agenda next week.
Council Member Dumphy suggested that consideration be given to the
concept that a particular zoning could be granted with special conditions.
Mr. Utter assured him that they would study this.
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26. Application No. 483-1T - Devco International, Inc. Amend Article 31,
Newly Annexed Territory, by amending Section 31-5 by adding thereto one
new subsection to be numbered 31-5.52 setting forth zoning classifications
of "3-2" Bayfront Business District on Tract 2 and "B-4" General Business
District on Tract 1 when annexed to the City of Corpus Christi, Texas,
described as Tract 1, being 2.76± acres and Tract 2 being 64.84± acres,
both tracts on Mustang Island out of the north 280 acres of the William
Bryan Survey, located on the south side of Park Road 53, approximately
4,500' west of Park Road 22.
Mr. Utter explained that this application is for property outside the City
limits and two notices of the public hearing had been mailed and none returned.
He stated that both the Planning Commission and the Planning Staff recommend
that the zoning of "3-4" be denied and that in lieu thereof, that "B-2" be
approved. He stated that the applicant had agreed to this zoning.
Mayor Jones ascertained that no one wished to speak in regard to this
application.
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 "B-2" be
granted for Application. Nc. 483-1T, seconded by Council Member Hawkins and
passed unanimously.
City Secretary Read polled the Council for their votes on the ordinance
effecting the zoning change and the following was approved:
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26. ORDINANCE NO. 17607:
AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEW
ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 A NEW SUBSECTION,
31-5.52 SETTING FORTH ZONING CLASSIFICATION OF SAID AREA OF LAND
DESCRIBED AS TRACTS 1 AND 2 ON MUSTANG ISLAND CUT OF THE NORTH
280 ACRES OF THE WILLIAM BRYAN SURVEY; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins and Zarsky voting, "Aye";
Dumphy and Kennedy, "absent".
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27. Application No. 1483-3, Mr. Bob J. Spann & Mr. & Mrs. F. White, for a
change o zoning from ' R -1E One- amily Dwel Ing District to "B-1"
Neighborhood Business District on Lots 1 through 3, Block 10, Two
Fountains Unit 1, located on the southeast corner of Greenwood and Balsm
Drives.
Mr. Utter informed the Council that of the twenty-four notices of the
public hearing that had been mailed, one in favor, three in opposition, plus
three outside the area of notification in opposition had been returned. He
stated that both the Planning Commission and Planning Staff recommend
approval.
Mr. Wenger located the area on the zoning and land use map, described
the land use in the surrounding area, showed slides of the vicinity and stated
that the prospective purchasers plan the construction of a convenience store
and filling station and that lots 2 and 3 are included in the request to maintain
continuity in area development,
Ms. Bobbie Moore, Realtor with Sun Belt Realty, Incorporated, appeared
on behalf of the owner and the prospective purchaser. She stated that Mr.
and Mr. White plan to establish a convenience store on lot 1. She noted that
there is already a lot of traffic on Greenwood and Trojan and they felt that this
would be good zoning for this location.
Speaking in opposition to the zoning request was Mr. Huey Dorn who
resides on Bois D'Arc. He stated that he is opposed to business in their area
because of the bad traffic situation at the intersection of Trojan and
Greenwood. He expressed the opinion that a convenience store with a service
station would be a detriment to the neighborhood.
Also speaking in opposition was Mr. Fletcher Singleton who also stated that
the traffic is very heavy because of the location of Moody High School and
pointed out that there have beer. several fatal accidents at this intersection.
He also contended that an undesirable element of people will congregate at the
convenience store.
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Mayor Pro Tem Turner pointed out that the subject tract is not suitable
for single-family dwellings.
Mr. Harry H. Miller, 1605 Bois D'Arc, expressed opposition and stated
that he is concerned about the trash that would be thrown around on the
vacant lot opposite the subject lot. He noted that at a convenience store, beer
and wine will be sold which will attract young boys who live in the neigborhood
and create problems.
Mayor Pro Tem Turner and Mayor Jones expressed concern about the poor
access to the State Department of Public Safety and other buildings that are
located on Trojan and inquired if something could be done to provide better
access.
Mr. Utter agreed that the access is not ideal and although everyone
knows that it is a problem, no one has devised a solution to the problem.
Mrs. Jacquelyn Huff, 1621 Eois D'Arc, stated that she would like to have
the neighborhood remain: zoned "R -1B" because she felt that there are already
enough convenience stores and service stations in their vicinity.
Several of those speaking in opposition stated that they had not appeared
before the Planning Commission because of an incorrect description on the
notice which listed the location of the tract at the corner of Greenwood and
Balsm Drives.
Council Member Hawkins noted that since there was an improper
description listed on the notice, perhaps another public hearing should be held.
Speaking in support of the application was Mrs. Frank White who stated
that she and her husband plan to construct a convenience store but she did not
think there would be any problem with young boys purchasing alcoholic
beverages and drinking on the property since their license would be only for
off -premise consumption.
A motion was made by Council Member Gulley that the hearing be closed,
seconded by Mayor Fro Tem Turner and passed unanimously.
Mayor Jones pointed out to those present that a convenience store would
be checked by the police almost every hour during the night and he was of the
opinion that this would be the most desirable use of this property.
A motion was made by Council Member Kennedy that Application No. 483-3
be denied; seconded by Council Member Gulley; and passed by the following
vote: Turner, Dumphy, Gulley, Hawkins and Kennedy voting, "Aye"; Zarsky
and Jones voting, "No".
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28. Application No. 483-5, Seabreeze Enterprises, Inc., for a change of zoning
from "B-21 Bayfront Business District to "AT" Apartment Tourist District
on Lots 5, 6, 9 and 10, Section C, Padre Isles, located on the west side
of Leeward Drive, approximately 425' north of Whitecap Boulevard.
Mr. Utter stated that nine notices of the public hearing had been mailed
and one in favor, one in favor from outside the 200' area, and one in opposition
had been returned.
Mr. Wenger located the area on the zoning and land use map, described
the land use in the surrounding area, showed slides of the vicinity and stated
that the applicant plans condominium development at this location.
No one spoke in regard to this zoning application.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Kennedy and passed unanimously.
A motion was made by Council Member Gulley that the zoning of "AT" be
approved for Application No. 483-5, seconded by Mayor Fro Tern Turner and
passed unanimously.
City Secretary Read polled the Council for their votes on the ordinance
effecting the zoning and the following ordinance was approved:
28. ORDINANCE NC. 1760E:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SEADREEZE
ENTERPRISES, INC. BY CHANGING THE ZCNING MAP IN REFERENCE TO LOTS
5, 6, 9, AND 10, SECTION C, PADRE ISLES, FROM "3-2" BAYFRONT
BUSINESS DISTRICT TO "AT" APARTMENT TOURIST 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".
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29. Application No. 483-6, C. C. Land Venture Company, for a change of
zoning from "F -R" Farm -Rural District to "R -1B" One -family Dwelling
District with a "FUD -1" Planned Unit Development, being a portion of Lots
26, 27, and 28, Section 12, Flour Bluff and Encina) Farm and Garden
Tracts, located west of Cimmaron Road and north of Saratoga Boulevard.
Mr. Utter informed the Council that thirty-four notices of the public
hearing had been mailed arc' two in favor and none in opposition had been
returned. He stated that the Planning Commission and Planning Staff
recommend approval.
Mr. Wenger displayed a site plan and informed the Council that it is far a
PUD -1 project.
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No one spoke in regard to this application.
A motion was made by Council Member Dunphy that the hearing be closed,
seconded by Mayor Pro Tern Turner and passed unanimously.
A motion was made by Council Member Gulley that the zoning of PUD -1 he
approved for Application No. 483-6 subject to approval of the restrictive
covenants; seconded by Council Men:ber Hawkins; and passed unanimously.
Assistant City Manager Utter stated that the ordinance effecting this
change of zoning would not he voted on today until the restrictive covenants
have been approved.
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There being no further business to come before the Council, on motion by
Mayor Pro Tem Turner, seconded by Council Member Zarsky and passed
unanimously, the Regular Council Meeting was adjourned at 5:40 p.m., May
1983.
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