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HomeMy WebLinkAboutMinutes City Council - 05/25/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 25, 1983 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley Dr. Charles W. Kennedy * Cliff Zarsky ABSENT: City Manager Edward Martin City Attorney Bruce Aycock Asst. City Secretary Dorothy Zahn Council Member Herbert L. Flawkins, Jr. Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Gary Lowe of Arlington Heights Church of Christ, following which the Pledge of Allegiance to the Flag of the United was led by Mayor Pro Tem Betty N. Turner. Assistant City Secretary Dorothy Zahn 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 Mayor Pro Teri Betty N. Turner, seconded by Council Member Jack Dunphy and passed unanimously that the Minutes of the Regular Council Meeting of May 18, 1983 be approved as presented. * * R * * * * * * * * * Mayor Jones announced the following presentation: Mrs. Betsy Lambert, representing the PTA, students and faculty of Chula Vista Elementary Academy of Fine Arts, presented the Council with a copy of "The Pot of Gold", a literary magazine published by students of Chula Vista. * * * * * * * * * * * * * weRDFILMED,. 'SSP 191994 Minutes Regular Council Meeting May 25, 1983 Page 2 Mayor Jones presented 30 -year pins to the following employees: NAME Luis C. Flores Carlos R. Escamilla Douglas Matthews David Ramirez DEPARTMENT Street Street Public Utilities Park POSITION Senior Street Foreman I Senior Street Foreman I Director of Public Utilities Maintenance Foreman * * * * * * * * * * * * Mayor Jones then administered the oath to Dr. R. S. Long, appointed member to the Sister City Committee. * * * * * * * * * * * * * Mayor Jones announced the bid openings on the following engineering projects: a newly 1. Expansion of the Flour Bluff Wastewater Treatment Plant. The plant capacity will be expanded to 3 MGD with a peak flow of 9 MGD to provide an increased level of service in the Flour Bluff area. The expansion includes new clarifiers, aeration basins, 28 new sludge drying beds, force and gravity mains and an office and control building. The existing lift station on Military Drive will be renovated and a new lift station will be built on Flour Bluff Road between Purdue Road and Glen Oak Drive. The total estimated cost of the project is $6.2 million. A grant from EPA in the amount of $4.6 million (75%) has been received. Assistant City Manager James K. Lontos, opened bids on this project from the following companies: Austin Engineering Company, Basic Constructors, Inc., BELCO Construction Company, R. 5. Black Civil Engineers, Bryan Construction Co., Inc., Delta Electric Construction, F & E Erection Company, James R. Godbe Company, KNC, Inc., LEM Construction Co., R. M. Mayfield Constructors, Nunn & Shumway Construction, Company, Paragon Energy Corporation, Rollings Construction, Texas Olson Construction, and W. T. Young Construction Co. 2. Air conditioning and related electrical improvements at the Convention Center. A 450 -ton backup water chilling unit will be installed at the Convention Center. The project also includes wall insulation and electrical wiring. Mr. Lontos then opened bids for this project from the following companies: Anslinger, Inc., Malek, Inc., McDonald & Miller Mech. Contr. Company, Weathertrol, Inc. and Wilson -Morgan Company. Mr. Lontos verified that either a bid security bond or check had been submitted with each bid on both of these projects. Minutes Regular Council Meeting May 25, 1983 Page 3 Mayor Jones expressed appreciation to the contractors for their time and expenses incurred in submitting bids on these projects. He stated that they would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. Mayor Jones called for Consideration of Action of the Council from the Workshop Session on the following: 1. The plan proposed by the Staff for expansion of the Council table be approved. A motion was made by Mayor Pro Tem Turner that the foregoing action be confirmed, seconded by Council Member Gulley and passed by the following vote: Jones, Turner, Dumphy, Gulley and Kennedy voting, "Aye"; Zarsky and Hawkins, "absent". 2. The schematic design plan for the Five Points Fire Station be approved and the architects be instructed to proceed with development of plans and specifications. A motion was ma(1.3 by Council Member Gulley that the foregoing action be confirmed, seconded by Mayor Pro Tem Turner and passed by the following vote: Jones, Turner, Dumphy, Gulley and Kennedy voting, "Aye"; Zarsky and Hawkins, "absent". * Council Member Zarsky arrived at the meeting at 2:30 p.m. 3. Resolution confirming the appointment of Mr. Charles C. Smith to the position of Human Relations Administrator by the City Manager. A motion was made by Mayor Pro Tem Turner that the foregoing action be confirmed, seconded by Council Member Gulley and passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". Assistant City Secretary Dorothy Zahn polled the Council for their vote and the following resolution was passed: 13a. RESOLUTION NO. 17613: CONFIRMING THE APPOINTMENT BY THE CITY MANAGER, PURSUANT TO THE CITY CHARTER, ARTICLE III, SECTION 3, OF CHARLES C. SMITH TO THE POSITION OF HUMAN RELATIONS ADMINISTRATOR; 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". Minutes Regular Council Meeting May 25, 1983 Page 4 City Manager Ed Martin introduced Mr. Smith and Mr. Smith expressed his appreciation to the Council for confirming his appointment. Mayor Jones recognized Mr. Maury Wolfson, Chairman of the Human Relations Commission and inquired if he would like to comment on Mr. Smith's appointment. Mr. Wolfson also expressed his appreciation to the Council for Mr. Smith's appointment and stated that the Commission looked forward to working with Mr. Smith. * * * * * * * * * * * Mayor Luther Jones called for consideration of the following motion which was posted as an emergency item: The public hearing for the closure request of Second Street from Morgan Street to Elizabeth Street as set for June 8, 1983 be rescheduled for June 15, 1983. This request was made by the Spohn Hospital President. A motion was made by Mayor Pro Tem Turner that the foregoing item be approved, seconded by Council Member Zarsky and passed unanimously by those present and voting. * * * * * * * * * * * * * * Mayor Jones called for consideration of the Motions from the Consent Agenda: 1. Bids be received June 14, 1983 for a twelve months supply agreement for water treatment chemicals including aluminum sulphate, ferric sulphate, potassium permanganate, and liquid cationic polymer coagulant. 2. Twelve months supply agreement for approximately 42 tapping sleeves and 41 tapping valves for the Water Division be approved based on low bid: Clow Corporation, Oskaloosa, Iowa: Lot I - Sleeves for asbestos cement pipe Lot II - Valves C. C. Pipe & Supply, Corpus Christi, Texas: Lot II - Sleeves for cast iron pipe Grand Total $6,442.34 17,306.12 $23,748.46 $ 4,935.33 $28,683.79 Six bid invitations were issued and five bids were received. Prices have increased an average of 10$ since the previous contract of April 21, 1982. Minutes Regular Council Meeting May 25, 1983 Page 5 3. A public hearing be held June 8, 1983 to consider the closure of an unopened extension of Saratoga Boulevard east of the existing Saratoga Boulevard and Rodd Field Road intersection. The closure request is from Greg Voisin, developer of Greenfields by the Bay Subdivision, Unit 2. The section requested for closure abuts the Greenfields Subdivision and it is recommended that the closure be extended east to the section of Saratoga previously closed last year when South Fork Subdivision, Unit 2 was platted. The Master Street Plan does not call for the construction of Saratoga in this area. 4. Setting public hearings for June 15, 1983 at City Hall, Council Chambers, during the Regular Council Meeting and for June 9, 1983 at Woodriver Sports Center at 4114 Woodriver Drive at 4:00 p.m. for the annexing of Woodriver Units 1, 2, 3 (Kinney's Mill), 5 and 7, containing approximately 152 acres of land between Hazel Bazemore Park, East Riverview Drive, F.M. #624 and the Nueces River. The annexation of these subdivision units, as stated above, is in accordance with Ordinance No. 14314 which authorized the contractual obligation between the City of Corpus Christi and Pendaris Corporation. This contract, signed May 10, 1978, obligated the subdividers to use city water and sanitary wastewater collection facilities provided the City not annex the area until after May 15, 1983. After the annexation of the above subdivision units, all subsequent units that are platted will be subject to annexation. 5. Authorizing a revocable easement grant to Champlin Petroleum Company providing for the installation of two 6-5/8" diameter pipelines crossing Savage Lane approximately 450 feet south of the south access road of I.H. 37 and providing for a fee of $280 for the easement grant. Mayor Jones inquired if the two 6-5/8" diameter pipelines is required to provide the kind of security the City wants or is it an engineering standard. Assistant City Manager James K. Lontos explained that when a request is submitted to the City to do a job they usually state how they are going to do it, adding that he would review this to see if it is a standard of industry. 6. The following actions be approved regarding the purchase of a new computer system: a. A new system from IBM be purchased which will be financed by First Municipal Leasing Corporation at an annual interest rate of 9.39 percent. This new computer system will be replacing three existing computers which have reached their maximum recommended utilization levels. This new computer will meet the City's current and future data processing requirements, and our current growth rate will not require a model upgrade for at least the next five years. The purchase price for this new computer system is $1,403,515. Total funding necessary for this system including maintenance, energy consumption, installment payments, and shipping charges is: First year - $386,541; Second through fifth year - $416,508. This new computer system will not require funding for fiscal year 83-84 over the current level. Minutes Regular Council Meeting May 25, 1983 Page 6 b. The surplus IBM System 34 computer be sold to Grammco Computer Sales, Inc. of San Antonio on the basis of the highest bid of $32,408. Two bids were received for the purchase of this computer. c. The surplus IBM 370/145 computer be sold to Susser Petroleum Company of Corpus Christi on the basis of high bid of $3,000. Three bids were received for the purchase of this computer. Mayor Jones referred to the item regarding the IBM System 34 and inquired as to when this system was purchased and what the cost was at the time. Bob Poe, Director of Data Processing, explained that the original cost of the System 34 was $65,000 and that it was purchased at the beginning of this budget year. Mayor Jones then inquired about the surplus IBM 370/145 and Mr. Poe replied that the system was purchased used at $415,000; it was five years old when purchased and has been used for five years now. Mr. Poe further stated that the new computer system would be replacing three of the existing computers. Council Member Zarsky inquired if there were any advantages to owning rather than leasing and Mr. Poe replied that he recommends the purchase of the equipment since it has more value in purchasing as opposed to leasing. 7. Approving the purchase of a Dimension Feature Package 15 telephone system as proposed by American Bell, at a total price of $144,660.50 and its financing through Corpus Christi National Bank on a 72 -month lease purchase agreement at a fixed rate interest of 10%. Five proposals were received. Mayor Jones inquired why the new system was better than the existing telephone system. City Manager Martin explained that the existing telephone system is inadequate and that this system would provide quicker response to emergency calls. Police Chief Bill Banner interjected by stating that the existing system is inefficient in that it is difficult to communicate within the Police Department's extensions, adding that he does not know how they can operate adequately during an emergency such as a hurricane with the existing system. Mayor Jones then asked how this system would be paid for and City Manager Martin explained that the operating cost would be paid for out of this year's budget. 8. A grant application be submitted to the Criminal Justice Division from the Corpus Christi Police Department, Community Services Division, for a Police School Resource Officer. The grant will help to establish collaboration between the Police and the schools in preventing crime and delinquency by stationingone officer in different schools to serve as a counselor on alcohol anddrug abuse, criminal justice system and crime, Minutes Regular Council Meeting May 25, 1983 Page 7 etc. The total amount of the grant will be $33,436 with the City's portion at $478 which represents a 25% equipment match. The CJD portion is $32,958. Mayor Jones called for comments from the audience on items 1 through 8. Mr. Mike Collins, representing American Communications, Inc, referred to item 7 regarding the telephone system for the Police Department and stated that their company had bid on this service and questioned what the bid award was based on since he had understood his company had bid considerably lower than American Bell. Mr. Al Hyman, Director of Safety and Risk Management, replied that one of the differences between the ITT proposal of American Communications, Inc. and the Bell Dimension proposal is the ability of the Dimension to have inward calls to busy lines automatically roll to a non -busy extension line or direct inward dialing. He stated ITT requires a second or even third business line available to accept the roll-over calls. Mr. Hyman stated that in long terms and short terms of cost effectiveness, American Communications, Inc. would be higher than American Mayor Pro Tem Turner referred to item 8 pertaining to a grant application to the Criminal Justice Division from the Police Department for a Police School Resource Officer and inquired what the likelihood would be for this program to continue and if the ity would be obligated to pay the person hired if this program is phased out. Police Chief Bill Banner explained that the person authorized to do this is already employed in the Police Department. A motion was made by Mayor Pro Tem Turner that the Consent Motions, items 1 through 8 be approved; seconded by Council Member Zarsky• and passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". * * * * * * * * * * * * * Mayor Jones called for Consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 9 through 13. Mayor Jones asked for comments from the audience or the applicant on item 9 which grants a special permit on the application of Flour Bluff Lumber & Supply, Inc., and Mr. Phillip Bradshaw, Sr. There was no response. Larry Wenger, Director of Planning, reminded the Council that the public hearing on the application was held the previous week; that both the site plan and the ordinance had been changed in accordance with the restrictions stipulated; and the applicant is in agreement. Minutes Regular Council Meeting May 25, 1983 Page 8 Catalina Martinez, 1309 6th Street, spoke on behalf of the Spohn Hospital Area residents and referred to item 11 regarding the street assessment policy and stated that she did not concur with the recommended changes and would pursue this matter further. She then introduced Mrs. Gilma Guerra, a neighbor. Mrs. Guerra inquired as to whether or not she could have an option on the sidewalk since she did not want one. She stated that she had spoken to Mr. Gerald Smith from the Engineering Department who had informed her that he did not know who would have the authority to tell her whether or not they should not have a sidewalk, therefore, she questioned who had the authority. Mr. James K. Lontos, Assistant City Manager, informed the Council that sidewalks are standard requirement; it is in the Platting Ordinance; previous Councils have not felt that there should not be any deletions from the ordinance; but that the decision rests with the Council. Mayor Jones expressed the opinion that sidewalks are necessary for the protection of the children in the neighborhoods and stated that he would not vote for the elimination of sidewalks. Mr. Cecil Jenkins, 1119 Sixth Street, also spoke in opposition to the assessments. There were no further comments on the ordinances; Assistant City Secretary Zahn polled the Council for their votes and the following were passed: 9. ORDINANCE NC. 17609: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF FLOUR BLUFF LUMBER & SUPPLY, INC. AND PHILLIP BRADSHAW, SR., BY GRANTING A SPECIAL COUNCIL PERMIT FOR A LUMBER YARD ON LOTS 7, 8, 18 THROUGH 22, BLOCK 6, FLOUR BLUFF POINT SUBDIVISION; 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". 10. SECOND 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 second time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". Minutes Regular Council Meeting May 25, 1983 Page 9 11. THIRD READING - ORDINANCE NO. 17610: 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 third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". 12. THIRD READING - ORDINANCE NO. 17611: 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 third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". 13. THIRD READINC ORDINANCE NO. 17612: AUTHORIZING AMENDMENTS TO THE CAR RENTAL SERVICE CENTER LEASES AT CORPUS CHRISTI INTERNATIONAL AIRPORT. 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". * * * * * * * * * * * * Mayor Jones called for the Consideration of Actions by Motion from the Regular Agenda. 14. Agreements be executed with the following non-profit organizations providing financial assistance in the amounts indicated for various Arts and cultural programs as recommended by the Municipal Arts Commission: a. Black Awareness Day Committee, Inc. for $3,000 for the Black Awareness Day celebration during the week of June 19, 1983. b. Creative Arts Center, Inc. for $2,850 to provide the "Art After School Program" for the 1983-1984 school year. Minutes Regular Council Meeting May 25, 1983 Page 10 14. (Cont'd) c. Museum of Oriental Cultures for $1,175 to provide a Summer Arts and Crafts Program during the summer of 1983. The total of $7,025 is available as part of the $50,000 budgeted for Arts Support approved in the 1982-1983 Tourist and Convention Development Fund budget. *15. The agreement between the City and Mr. Fernando Turegano, contract sculptor of the Seabird Sculpture (approved October 7, 1981 by Ordinance No. 16587), be considered for amendment to include the following changes, as recommended by the Municipal Arts Commission. a. Change the location of the sculpture from the far east on the main plaza of the Bayfront Plaza to the grassy median between the Convention Center and the Harbor Playhouse. b. Extend the contract period from June 7 to June 30, 1983 to allow the sculptor adequate time to locate the sculpture at the new site. Council Member Kennedy inquired as to how the present location fits in with the overall plan of the Bayfront Science Plan. City Manager Martin explained that the plan does call for some type of sculpture or water fountain in the central area and that it is the Staff's opinion that this location is a good location for the sculpture. Council Member Gulley stated that he was of the opinion that the location of the sculpture should not be changed. Mayor Pro Tem Turner noted that a member of the Municipal Arts Commission was present in the audience. Mrs. Connie Freeman, Chairman of the Decorative Arts Committee with the Municipal Arts Commission, addressed the Council and stated that the present location does not provide for a good view of the sculpture and it is the Committee's opinion that the suggested location would be a more suitable one. A motion was made by Council Member Kennedy that this item be tabled until the design plans have been approved; seconded by Council Member Zarsky. Council Member Gulley expressed the opinion that the design phase will not have any effect on this and suggested that this be tabled until the Zion Plan is presented. * Tabled - see page 11 Minutes Regular Council Meeting May 25, 1983 Page 11 City Manager Martin informed the Council that the Zion Plan would be presented next Wednesday morning. Mayor Jones called for the vote on the motion to table this item which passed by the following vote: Jones, Turner, Dumphy, Kennedy and Zarsky voting, "Aye"; Gulley voting, "no"; Hawkins, "absent". Mayor Jones deviated from the agenda to announce that he had just received a call from Governor Mark White who had informed him that he had vetoed Senate Bill 367 regarding Billboards. 16. Consideration of a petition from the residents of Bluebonnet Hills Subdivision requesting that Japonica, Daisy and Redbud Drives not be reconstructed under the 1982 Voluntary Paving Program. The original petition for reconstruction of these streets was received in 1980; however, the residents do not want the street improvements constructed. City Manager Martin explained that on September 25, 1980, an original petition requesting construction of curb and gutter and sidewalk was received signed by 50% of the property owners. He stated that subsequently, the City Council received a petition from residents of the Bluebonnet Hills Subdivision requesting that the construction of the improvements not be pursued on Japonica, Daisy and Redbud Drives; the Council indicated that they would consider removing th: se streets from the voluntary paving program; letters were sent to property owners to that effect; and the responses indicated that a majority of the property owners agree that the streets should not be improved. Mr. Martin stated that the Staff plans to eliminate this project and remove it from the list of streets to be reconstructed. Mayor Jones ascertained that there were only three people in the audience that did not concur with the Staff's recommendations. City Manager Martin explained that legally, the City could go ahead with the street improvements even if everyone is opposed at this time. Mayor Pro Tem Turner expressed the opinion that she felt the Council should respond to the latest petition and inquired if this would be setting a precedent. City Manager Martin informed the Council that this would not be setting a precedent; each case should be looked at as a different situation and that all this represents is a change in position. A motion was made by Council Member Gulley to concur with the Staff's recommendation that this project be abandoned; seconded by Mayor Pro Tem Turner and passed unanimously. Mr. Robert Hayes, 9850 Redbud, stated 21 of the 39 property owners in that area had signed the petition requesting the street improvement and questioned what happened to that petition. He stated that the drainage on his property is very poor and added that they were hoping that the street Minutes Regular Council Meeting May 25, 1983 Page 12 reconstruction would divert the water. Mr. Noel Blackwood, 9840 Redbud, stated that Mr. Hayes does have a water problem at his residence but he was of the opinion that they should not have the entire street reconstructed just to clear their drainage. He stated that he hoped the Engineering Department would do something to alleviate the problem but he felt that this project should not move forward since most of them are opposed to it. Mayer Pro Tem Turner suggested that the drainage problem be addressed. Assistant City Manager James K. Lontos, P.E., explained that when there is a street project, the drainage is corrected but once this project is dropped, the drainage problem could not be addressed as a part of the street improvement project. Mr. Lontos stated that he would be glad to investigate this further. Mrs. Sara Norris, 4857 Redbud, stated that she has been waiting for sidewalks for many years for her children and added that there are several people who could not be present who are also suffering from the drainage problem. Mr. M. W. Carson, 2971 Japonica, stated that he had no water problem and was opposed to the street improvements. Mrs. Robert Hayes, 9850 Redbud, inquired as to what the chances would be of having Redbud Drive reconstructed. She stated that there were ten people who signed the petition who do want the streets reconstructed. A motion was made by Council Member Dumphy that Redbud Street be reconstructed, seconded by Council Member Gulley, and passed unanimously. Assistant City Manager James K. Lontos, P. E., stated that when the voluntary petitions go out, they can go out individually and by subdivision. Mr. Lontos suggested that that property owners on Redbud come forward with a new petition requesting that this street be included to the program, adding that this would be a choice that the Council would have to make. City Manager Martin suggested that the project be eliminated but hold the slot on the list open to allow residents on Redbud Drive to come forward with a new petition in 30 days. The Council indicated their concurrence with this suggestion. 17. Consideration of the appeal by Mr. Mark Bratton of the Planning Commission's requirement for a 110' building setback line along the west side of Ayers Street on his final plat of Saratoga Place, Blocks 10, 11 and 12. ivlinutes Regular Council Meeting May 25, 1983 Page 13 Mr. Larry Wenger, Director of Planning, referred to a transparency of the area involved and provided the Council with background information. He stated that the Staff recommends the 110' building line along the Ayers frontage in ,ccordance with the requirements of the Platting Ordinance, the Zoning Ordinance, and the Master Transportation Plan. Council Member Zarsky inquired if there was anything in the ordinance to provide for payment for right-of-way or if there is any certain amount that could be required for platting with no compensation. City Attorney J. Bruce Aycock replied that he did not know of any provisions for compensation but the development has to occur in accordance with the Platting ORdinance, which includes the Master Transportation Plan by reference. He stated that the developer of the tract is getting off very lightly since the Staff is only asking that the setback line be moved back, and if the developer does not like the setback requirement, than the City could require that he dedicate right-of-way. He added that this requirement has been in the Platting Ordinance since 1939 and every developer is aware that right-of-way can be required when semeo„e plats. Mr. J. W. Gary, Attorney representing Mr. Bratton, addressed the Council by stating that there is no authority for the setback requirement because no ordinance has been enacted by the Council under Article 1105a which would establish building lines along Ayers Street. Mr. Gary's argument as to establishment of the set -back lines implies that such lines may be imposed only by an ordinance adopted pursuant to Article 1105 and stated that since the requirement is not included in the Platting Ordinance, the requirement is invalid. Mr. Gary stated that he had submitted the plat on four different occasions and had had a different ruling every time. He further stated that he had not found a requirement for a 110' set -hack line in Ordinance No. 15135 which amended the Master Transportation Plan on September 19, 1979. Mr. Gary urged that the Council consider the appeal. He made reference to similar appeals in other cities and reiterated that he has worked on this case for a long time and cannot find anywhere in the ordinance the authority to establish building lines. Mayor Luther Jones inquired of Mr. Gary what his client planned to construct in the 110'. Mr. Gary replied that Mr. Bratton plans to plat those lots and sell them so he had no idea what will be constructed there, adding that he would not be able to sell the property if the set -back is 110'. Council Member Kennedy commented that in his opinion, the City needs to purchase the 110' but do not have the funds available to do so at this time. Minutes Regular Council Meeting May 25, 1983 Page 14 City Attorney Aycock stated that the City is not keeping Mr. Bratton from doing anything with the 110' except build on it. He further suggested that the dedication be required, adding that the State Law requires him to do the same thing for streets, extensions, etc. Mr. Aycock also stated that if the expressway is constructed there, Mr. Bratton's property will be greatly enhanced. Mayor Pro Ten; Turner inquired if the City had the right to protect itself from expenses that might be incurred when highways are extended. Mr. Gary replied that the City would have to pay their expenses just like everyone else. Further discussion followed among the Council Members and Mr. Gary. A motion was made by Council Member Kennedy that the Council deny the appeal by Mr. Mark Bratton of the Planning Commission's requirement for a 110' building setback line along the west side of Ayers Street, seconded by Council Member Zarsky and passed: by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and 2arsky voting, "Aye"; Hawkins, "absent". Mayor Jones expressed admiration to the Council for making a difficult decision. Mayor Pro Tem Turner expressed the opinion that there should be some clarification of the ordinance so that there will be no further problem with setback requrements in connection with compliance with the Master Transportation Plan. A motion was made by Council Member Zarsky to approve item 14, seconded by Council Member Dumphy and passed by the following vote: Jones, Turner, Dumphy, Kennedy and Zarsky voting, "Aye"; Gulley, "No"; and Hawkins, "absent". * * * * * * * * * * * * * Mayor Jones called for Action by Ordinance from the Regular Agenda on Item No. 19. 19. Application No. 383-10, Mr. Carl Dunn: "R -1B" to "B-4" Located on the west side of Rand Morgan Road, approximately 75' south of I.H. 37. This application was heard by the City Council on April 13, 1983 at which time neither the applicant nor his representative was present, therefore, the City Council tabled the hearing for six months or until the applicant or his representative requested a rehearing, and that the property owners be renotified prior to the hearing date. The applicant's representative has requested that a rehearing be scheduled before the City Council. Minutes Regular Council Meeting May 25, 1983 Page 15 Mr. Larry Wenger, Director of Planning, reviewed the case that was heard on April 13, 1983 and tabled since neither the applicant nor a representative was present at the time of the hearing. Mr, Wenger stated that the applicant had requested that a rehearing be scheduled before the City Council. time. Mayor Jones called on the applicant or the representative to speak at this Mr. Ronnie Chambliss of Ron Brick Realty, stated that the applicant wants his property rezoned for the purpose of placing it on the market. Mayor Jones inquired what the Planning Commission and the Planning Stall's recommendation was and Mr. Wenger replied that they both had recommended ended approval. Mayor Jones called for comments from the audience regarding this application. Reverend Cary Lowell, representing Arlington Heights Church of Christ, spoke in opposition to he request stating that the church was concerned about the type of business that could be installed on the subject property. He asked that Mr. IVenger point out on the transparency the location of the property owners who had resp ided to the notice of hearing and their response. Mr. Lowell asked that the Council deny the request because of the opposition. There were no further comments from the audience on this matter. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Gulley and passed unanimously. A motion was made by Mayor Pro Tem Turner that Application No. 383-10 be denied, seconded by Council Member Gulley and passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". 20. FIRST READING: AMENDING THE ELECTRICAL CODE BY ESTABLISHING THE REQUIREMENT THAT ELECTRICAL SERVICE ENTRANCE EQUIPMENT BE PROVIDED WITH MINIMUM LEVELS OF FAULT CURRENT PROTECTION; PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 1983; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. 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". Minutes Regular Council Meeting May 25, 1983 Page 16 21. First Reading - Authorizing the City Manager or his designee to execute a lease agreement with the League of United Latin American Citizens Council No. 1 for a 20 -year lease of the premises of the Grande -Grossman House for the restoration and use of the structure in the Multicultural Center historical homes area. Mayor Luther Jones inquired about an estimated cost of utility and janitorial services. Assistant City Manager Tom Utter replied that he did not have an estimated cost for these services but these are included in the leases the City now has for the other houses in the Bayfront Science Park area. Mayor Pro Tem Turner questioned why the City pays for utilities and janitorial services. Assistant City Manager Utter replied that this was included as part of the lease. City Manager Martin explained that one house in the area has a five-year lease, two houses are for a fifteen -year lease and one a twenty-year lease; the Staff feels that it is preferable to have the houses used rather than being vacant; and the Staff feels that the houses will be maintained if the City pays for the bills. Council Member Dumphy stated that he had a problem with the City's paying the utility bills. Council Member Gulley agreed that the City should be responsible for outside maintenance and grounds keeping but stated he, too, had a problem with the City paying for utility and janitorial services. Mr. Ruben Gonzales, representative of LULAC Council #1, addressed the Council and stated that LULAC hopes to sublease the premises to LULAC Educational Services and any other group that wishes to sublease it; he stated that the sublease has to be approved by the City Manager; and that the subleasing will provide funds to pay back their payment on the loan obtained for renovation. Assistant City Manager Utter explained that this house is too large to be used for the LULAC Office only. He stated that this would be a way for the LULAC Organization to pay back their loan; plans for the restoration have to be approved by the Landmark Commission; and stated that some areas should be utilized by the public. Mayor Jones expressed the opinion that he did not feel the leasing terms should be set for this house but suggested that in the future, the leases not include payment of utility and janitorial services. A motion was made by Council Member Gulley that the City not provide gas or electricity for these houses but to provide water and sewer service only. Minutes Regular Council Meeting May 25, 1983 Page 17 The motion died for a lack of second. City Manager Martin agreed that terms of the agreement on these houses could be changed in the future. Mayor Pro Tem Turner stated that she felt very strongly that the utility and janitorial services should not be paid; expressed the opinion that this is not the time to make the change; but suggested that the Staff meet with the people involved to see if the leases could be changed prior to expiration. Council Member Gulley pointed out that there is a difference in the planned use of this house because all others are used by the public and LULAC plans to sublease for profit. Mr. Ruben Gonzales stated that LULAC plans to sublease to nonprofit organizations. City Manager Martin suggested that the Council proceed with the first reading of the ordinance and resolve this matter pricr to third reading. Assistant City Manager Bill Hennings stated that the lease with the Gugenheim House has expired and a new lease could be renegotiated. Council Member Duumphy agreed that this should be done since he does not feel that the utilities should be paid by the City. There were no comments from the audience on this matter, Assistant City Secretary Zahn polled the Council for their vote; and the following ordinances passed: 21. FIRST READING: AUTHORIZING A LEASE AGREEMENT WITH THE LEAGUE OF UNITED LATIN AMERICAN CITIZENS (LULAC) COUNCIL NO. 1 FOR THE LEASING OF THE PREMISES OF THE GRANDE-GROSSMAN HOUSE FOR THE RESTORATION AND USE OF THE PREMISES. 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". 22. FIRST READING: AMENDING THE CODE OF ORDINANCES, BY AMENDING ARTICLE II, MARINA SECTION, CHAPTER 12, BAYS, BOATS AND WATERWAYS, SECTION 12-79, SLIP RENTAL CONTRACT BY ADDING SUB -PARAGRAPH (h) TITLED REBATE FOR TRANSIENT CRAFT USAGE OF CONTRACTED SLIPS WHILE VACANT, ESTABLISHING A REBATE BASED UPON A PRO -RATA SHARE TO BE RETURNED TO THE CONTRACT SLIP TENANT OR SUB -LEASE TENANT WHEN THEIR SLIP IS RENTED TO A TRANSIENT CRAFT, AND ESTABLISHING A REQUIREMENT THAT SLIP TENANTS, Minutes Regular Council Meeting May 25, 1983 Page 18 INCLUDING SUB -LEASE TENANTS, NOTIFY THE MARINA OFFICE OF VACANCY, AS A CRITERIA FOR REBATE, SPECIFICALLY AMENDING ORDINANCE NO. 13462, SECTION 1, PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. 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". * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following matter. 23. Closure request of a 25 -foot wide by 335 -foot long dedicated but unopened strip of Gollihar Road right-of-way immediately west of Greenwood Drive. The City recommends closing this portion of right-of-way and retaining a 25 -foot utility easement within the area requested to be closed. Mr. Gerald Smith, Director of Engineering, located the dedicated but unopened strip of Go!'ihar Road right-of-way on the transparency and pointed out the Greenwood Park softball field and swimming pool. He stated that the Master Transportation "Ian does not propose extension of Gollihar Road and the Staff recommends closing with the utility easement being retained. Mayor Jones ascertained that no one in the audience wished to speak on this request. A motion was made by Council Member Kennedy to close the hearing, seconded by Council Member Zarsky and passed unanimously by those present and voting. A motion was made by Council Member Kennedy that the foregoing street closing as recommended by the Staff be approved, seconded by Council Member Zarsky and passed by the following vote: Jones, Turner, Kennedy and Zarsky voting, "Aye"; Gulley and Dumphy, absent at the time the vote was taken; Hawkins, "absent". * * * * * * * * * * * * * Mayor Jones announced the public hearings on three zoning applications. 24. Application No. 483-2, Mr. Carl Jones: for a change of zoning from "R-1 B" One -family Dwelling District to "B-3" Business District on Lots 18 through 30, Block 4, Flour Bluff Center, located between Jonnell Street and Central Drive, north of O'Neill Street. Mr. Larry Wenger, Director of Planning, 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 that the Staff recommended "B-3" for this area at the time the Flour Bluff Development Plan was considered,but after many adjustments were made to that plan, this area was zoned "R=1 B" with a special permit for mobil homes. Mr. Wenger stated that the 20% rule is in Minutes Regular Council Meeting May 25, 1983 Page 19 effect. Assistant City Manager Tom Utter informed the Council that of the thirty-four notices of the public hearing that were mailed, sixteen in favor and six in opposition had been returned. He stated that the Planning Commission recommends denial but the Planning Staff recommends approval since this zoning change would conform to the original Flour Bluff zoning plan. Mr. Utter explained the history of the Flour Bluff Development and the Flour Bluff zoning plan; stated that during the hearings, a number of residents requested that the area be left "R-113"; and that this does not change the development plan that was previously adopted. Mr. Wenger informed the Council that the Staff concurred with the change of zoning because it would reduce the density in this APZ I area. Mayor Jones invited the applicant to speak at this time. Mr. Carl Jones, the applicant, related the history of the zoning request and stated that he is considering establishing a flower shop and greenhouse. Mr. Jones requested approval of the requested zoning to accommodate these proposed uses. Mrs. Connie Martinez, 1225 Jonnell , spoke in opposition stating that they were not sent any notification about the zoning change; Mr. Jones had initially informed them that he was going to place a greenhouse there, but they questioned if he now plans to do that; and presented a petition expressing opposition to this change of zoning. Mr. David Martinez also spoke in opposition stating that "B-3" zoning would be an intrusion of business into a residential neighborhood. He noted that the street is only 18' wide and a traffic problem will be created. He urged that the Council not approve the zoning request. Mrs. Carolyn Carr, 1513 O'Neill, stated that she had purchased her property about eight years ago; all of the houses in the area have been improved since she that time; stated that Mr. Jones' property had been used for dumping trash until she had reported it; and that Mr. Jones indicates now that he plans to utilize his property. She urged that that the Council not approve this request. A motion was made by Mayor Pro Tern Turner that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Mayor Pro Tem Turner that Application No. 483-2 he denied, seconded by Council Member Gulley and passed unanimously. * * * * * * * * * * * * * Minutes Regular Council Meeting May 25, 1983 Page 20 25. Application No. 483-7, Mr. Guadalupe J. Gomez: for a change of zoning ro loin "AB" Professional Office District to "B-4" General Business District on Lot 15, Block 4, Bayview No. 2, located on the east side of Brownlee Boulevard, approximately 200' north of Morgan Avenue. Assistant City Manager Tom Utter informed the Council that of the thirty notices of the public hearing that were mailed, nine in favor and three in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend denial. Mr. Larry Wenger located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the area. Mr. Wenger stated tliat the applicant wants to establish a minor auto repair shop on the subject property. Mayor Jones invited the applicant to speak at this time. Mr. Guadalupe Gomez, 5826 Liana, stated that he has a small car lot in the subject property and wants to establish an auto repair shop there. He stated that he thinks this would be good for that area since he would be contributing a business to the rundown area; he would be creating jobs for someone; and that the property to the south of his is already zoned "B-4". A motion was made by Council Member Kennedy that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Council Member Kennedy that Application No. 483-7 he denied, seconded by Mayor Pre Tem Turner and passed by the following vote: Jones, Turner, Dumphy, Kennedy and Zarsky voting, "Aye"; Gulley, "absent at the time the vote was taken"; Hawkins, "absent".. * * * * * * * * * * * * 26. Application No. 483-8, Resource Capital Co., Trustee: for a change of zoning from "F-RIT I -arm -Rural District to "A-2" Apartment House District on Tract 1 and to "B-4" General Business District on Tract 2, Tract 1 being 13.00± acres and Tract 2 being 6.06± acres, both Tracts out of Lots 7 and 8, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, located on the west side of Rodd Field Road (State Highway 357), approximately 600' south of Holly Road. Mr. Utter stated that of the seven notices of the hearing mailed, none had been returned and mentioned that a settlement had been worked out with the applicant for "A-1" Apartment House District on Tract 1 and "B-4" General Business District on Tract 2. Mr. Wenger located the area on zoning and land use map, described the land use in the surrounding area and showed slides of the area. Mayor Jones ascertained that no one in the audience wished to speak on this application. Minutes Regular Council Meeting May 25, 1983 Page 21 A motion was made by Council Member Gulley that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Council Member Gulley that Application No. 483-8 be approved as recommended by the Planning Commission; seconded by Council Member Dunphy and passed unanimously. Assistant City Secretary Zahn explained to the Council that the ordinance effecting the change of zoning would not be voted on today but would be on the agenda next week so that a metes and bounds description could be made part of the ordinance. * * * * * * * * * * * . * Council Member Gulley referred to the discussion on the proposed City Hal location set for June 8 and noted that three Council Members and the City Manager will be out of town that day. He suggested that a meeting be scheduled for Friday, May 27 so that the entire Council would be present. A motion was made by Mayor Pro Tem Turner that the date of Monday, June 20, 1983 at 5:0(; p.m. be set for the purpose of reviewing City Hall locations, seconded by Council Member Gulley and passed unanimously. City Manager Martin suggested that this be presented for the first time to the Council on that date so that the press will not have access to the information prior to the meeting. Mayor Jones referred to the letter from Mr. Bob Spann requesting that the Council consider reopening the hearing on his zoning application which was denied and inquired of City Manager Martin if he had an opinion on the legality regarding this matter. City Manager Martin explained that the proper type of action to take on any matter is to reconsider a matter and a motion to reconsider must be made at the next meeting and passed by a 2/3 vote. He informed the Council that unless they have obtained additional information on this case or feel they have changed their minds, that they not consider this any further. Mayor Jones stated that he had voted against the motion to deny the application at the time of the hearing but felt very strongly against reopening the case. The Council indicated their concurrence with the Mayor. Mayor Jones then informed Mr. Spann that he could address the Council on this matter under petitions from the audience. * * * * * * * * * * * * * Mayor Jones called for the City Manager's Report. Minutes Regular Council Meeting May 25, 1983 Page 22 City Manager Martin informed the Council that there is an issue that Ms. Sandra Gonzalez, Director of Senior Community Services, would like to present to them. He explained that some money is to be allocated for senior programs through the Coastal Bend Council of Governments by a new type of formula. He stated that Nueces County does not receive the amount of money proportionate to the number of residents in the County or the number of elderly. He explained that the Council on Aging made a recommendation to allocate funds based on population, but the rural areas objected to that type of formula. He stated that Ms. Gonzalez has devised a formula that shows a greater population of senior citizens than that which COG plans to use. Mr. Martin continued by stating that if the Council concurs, there should be an effort made to have a strong delegation at the COG meeting scheduled for Friday, May 27th, with as many Council Members present as possible in addition to Staff people. Mayor Jones pointed out that some of the County Judges have been very aggressive and their counties are receiving more funds than their share should be. He noted that if the new formula is going to be adhered to, those people in rural areas would lose some of their funds. Ms. Sandra Gonzalez displayed a chart showing 1980 population figures and explained the percentages that had been worked out. She inforned the Council that the Ad Hoc Committee of COG proposes to take most of the money out of the cities to be awarded to the rural counties. Mayor Pro Tens Turner asked about the previous formula, and Mrs. Gonzalez replied that there was no set formula, the funds were just awarded to the entity whose representatives arrived in Austin first. Mayor Jones inquired as to which counties would lose funds if the proper amount is awarded to Nueces County, and Mr. Martin replied that it would be San Patricie, Jini Wells and Duvall Counties. Mr. Martin continued by stating that he felt that the City of Corpus Christi should make all the counties aware that this City is entitled to their share according to the new formula. Mr. Martin pointed out to the Council that the City of Corpus Christi is allowed twelve votes on any issue but there must be seven people present to cast those twelve votes. He stated that there needed to be a cooperative effort between the City and Nueces County, and if the City has seven people at the meeting on Friday, all of the City's votes can be cast in favor of complying with the formula that he recommends. He noted that this would require a minimum of two Council Members to be present. He stated, also, that he would discuss the natter with Nueces County representatives. Mayor Jones, Council Members Dumphy and Gulley indicated that they would attend the CCC meeting, and Council Member Dumphy suggested that Mayor Jones approach Judge Barnes about the matter. * * * * * * * * * * * * Mayor Jones called for petitions from the audience on matters not scheduled on the agenda. Minutes Regular Council Meeting May 25, 1983 Page 23 Mr. Bob Spann spoke in regard to his zoning case which was heard on May 18, 1983 and stated that he felt that the Council made a mistake in denying his zoning case. He stated that he was not present during the hearing but referred to a transcript of the public hearing and quoted several statements made which he felt indicated that the Council intended to grant the "B-1" zoning but were distracted from the primary issue which was the change of zoning. He stated that the residents were primarily concerned about the traffic at the intersection but he presented a copy of a report from the Traffic Department on the low traffic count at the intersection of Trojan and Greenwood. He urged that one of the Council Members who voted against the zoning request move for reconsideration. Mr. Sidney Bishop, Jr., 12308 Up River Road, stated that his company owns the adjoining property that is zoned "B-1" and urged that the Council not reopen the case. Mayor Jones reiterated that he had voted "no" on the motion to deny this application but expressed the opinion that he did not believe that it would be appropriate for the Council to reconsider a decision on a zoning case. Council Member Dumphy commented that he does not favor changing the usual procedure regarding zoning change requests. He stated that if Mr. Spann is not satisfied with the decision made by the Council, then he should start the procedure frnrn the beginning. Council Member Gulley agreed with Mayor Jones and Council Member Dumphy and stated that the case has been heard; the decision has been made on its merits; and if Mr. Spann is dissatisfied with this decision, then he should go back through the proper channels. Mayor Jones clarified Mr. Spann's statement regarding the traffic problems in the area and stated that the Council did not make a decision on the basis of the traffic. Mr. Bill McBride, 3510 Crestdale, spoke in regard to his property at 4602 Acushnet. Mr. McBride contended that the Building Department has asked him to stop construction since part of his house is encroaching into a 25' side yard. Mr. McBride stated that he has appeared before the Zoning Board of Adjustment requesting a reduction to the minimum required 25' side yard setback to 5' to allow him to complete his home. He urged that the Council grant this reduction so that he can be allowed to proceed. City Manager Martin explained that Mr. McBride's house is encroaching into a 25' side yard and that he was issued a stop work order by the inspector; he has appeared before the Zoning Board of Adjustment on two separate occasions and is dissatisfied with their decision; he requested a restraining order and the City counter sued; and that his only recourse is to appeal in Court. Council Member Gulley stated that the Council cannot grant an exception, and the Board's decision is not appealable to the Council. Minutes Regular Council Meeting May 25, 1983 Page 24 * * * * * * * * * * * * There being no further business to come before the Council, on motion by Council Member Gulley, seconded by Mayor Pro Tem Turner and passed unanimously, the Regular Council Meeting was adjourned at 7:58 p.m., May 25, 1983. RR/rr