HomeMy WebLinkAboutMinutes City Council - 06/29/1983MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
JUNE 29, 1983
2:00 P.M.
PRESENT:
Mayor Luther Jones
*Mayor Pro Tem Betty N. Turner
Council Members:
Jack K. Dumphy
Bob Gulley
**Herbert Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
City Manager Edward A. Martin
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Council Member Charles Kennedy in the
absence of the invited minister, following which the Pledge of Allegiance to the
Flag of the United States was led by Council Member Jack Dumphy.
City Secretary Bill G. Read called the roll of required Charter Officers
and verified that the necessary quorum was present to conduct a legally
constituted meeting.
A motion was made by Council Member Zarsky that the Minutes of the
Regular Council Meetings of June 15 and June 22, 1983 and the Special Council
Meeting of June 20, 1983 be approved as presented; seconded by Council
Member Bob Gulley; and passed unanimously.
* * * * * * * * * * * * * * *
Mayor Jones announced the bid openings on the following engineering
projects:
A nine intersection traffic signal improvement project. The intersections
included are Weber-Caravelle Parkway, Airline-Williarns Drive, Santa
Fe -Louisiana Parkway, Staples -McArdle Road, Weber -Tiger Lane, Ocean
Drive -Elizabeth, Leopard -Port Avenue, Leopard-Nueces Bay Boulevard and
Morgan -Prescott -Brownlee Boulevard. Equipment for each of the nine
intersections had already been purchased and this bid is for the
installation of the equipment. The installation will be funded by bonds
approved in the 1977 bond election and the 6th Year Community Block
Grant. Installation of the equipment will complete the 47 intersection 1977
Traffic Signalization Capital Improvement Program.
Md1GBQEJLMED istrpirn
`. r:ct i.. i)
19
istant City Manager James K. Lontos opened bids on thifrom
Mewing firms: Action Electric, Austin Traffic Signal Consa_¢ uction
Fairbairn Electric Company, and Statewide Signal and Electrical.. He
that all of the bidders had submitted the required bid security check
with their bid.
-ler; Betty Turner arrived at the meeting at 2:06 P.t
a Park Site Grading Project. The park area will �.e :;cd and
91 r itI he spread for future grass seeding. The project . as included
c' ltI Lona election and the 7th and IIth Year Cartireunity Der: «.lopment
1 un.tos opt ed bids on this project from the following companies:
& B Builders, Bayo Inc. C & C Heavy Equipment, Inc.. C & C
Builders, Claude Chapman Construction Company, DeBer, Ince. , King
)ion Company, and A. Ortiz Construction and Paving. He informed the
_i,at all of the bidders had submitted the required bid security bond.
iO4 es expressed appreciation to all of the companies who had
Lids on the projects and stated that they would be tabled for 48
.I;rsuant to the requirements of the City Charter, and referred to the
abulation and recommendation.
Ancil Member Herbert Hawkins, Jr. arrived at the meeting at 2:10
* * * * * * * * * * * *
Ider "Presentations", Mayor Jones recognized Mr. Juan Jose GUasoni.
Cussoni informed the Council that he had been named Honorary Vice
of Spain and offered his assistance to the City Council and the citizens
ity in any way possible.
H.or Jones responded by expressing appreciation to Mr. Cussoni and the
.:,f Spain for the art exhibit that was brought to the City for display at
rrvention Center. He also mentioned other donations made by Spain
tie efforts of Mr. Caisson'.
;rssoni
Odor hied the Council that he had requested rim) a ship frorn
the Citi of Corpus Christ in 1985.
A
ur Ir nes called for appointments to Boards and Committees. He
t, the list of appointees discussed during the morning Workshop
,notion was made by Mayor Pro Tem Turner, seconded by Council
Zarsky arid passed unanimously that the following apprrinu. ents be
..,mutes
Regular Cou; c,
June 29, 1983
Page 3
Citizens Ad ,, liaalth & Welfare Term to Expire
Helen Bechr 11/11/84
Airport F'•.r5
Mr. Clarenc
Mr. Bruce,
Animal Co..
Lawrence F
Dr. Colley.:.
Lrard
IF—(reappt)
(reappt)
isory Board
reappt)
(Community -at -large)
4/4/86
4/4/86
5/31/86
5/31/86
Food 5::r :.ouncil
Mr. Carl., (reappt mood industry) 6/24/86
Mrs. Mid: (community -at -large) 6/24/86
Human R:L mmission
Mike Maldo. - 6/14/86
Leon Lob ippt.) 6/14/86
Margaret eappt.) 6/14/86
Debbie Cr n) 6/14/86
Ms. Barbi (reappt - Youth) 6/14/86
Mr. Rod C . ,;th) 6/14/86
Planning
Mr. Javie.
Mayor J);.
the following R_
The pubL.
Develop).
7/31/85
* * * * * * * * * * * * * *
action of the Council from the We ks
scheduled for July 13, 1983 on tn.r
d Rezoning be cancelled.
A notion :,y Council Member Gulley that the cm)
confirmed, sc Louncil Member Zarsky and passed un:'
Mayor
been posted Items and not listed on the Regula;
* * * * * * * * * * * * * * *
.ion on
Area
tion be
d by calling for consideration of G. '::h had
City Mar
amount of $1`
that this CI'
funds remair*.
funds.
referred to the resolution pertaininc in the
ie Texas Department of Community A• `' xplained
ligible under the original guidelir.ei ire are
ate of Texas and this City might be r* :r these
There Lets from the audience; City Secreta tied the
Council for t:c id the following ordinance was passec.
Minutes
Regular Council Meeting
June 29, 1983
Page 4
Resolution No. 17680
Resolution authorizing the City of Corpus Christi to apply for a 100%
funded grant in the amount of $150,000 from the Texas Department of
Community Affairs for rehabilitation and development of public park and
recreation areas via landscaping; and declaring an emergency.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Dumphy, Kennedy, and Zarsky
voting, "Aye".
City Secretary Read then polled the Council for their vote on the second
consent ordinance from the Emergency Posting and it passed as follows:
Ordinance No. 17681
Amending Ordinance No. 17593 which closed the 1200 thru 1500 blocks of
North Shoreline Boulevard to allow the Mexican Unity Council to host a
Feria Hispanica Festival on July 15 - 17, 1983 so as to remove the
condition that the sponsor obtain 100%of all abutting property owners
approval on the street to be closed; and declaring an emergency.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Hawkins, Dumphy, Kennedy, and Zarsky voting,
"Aye"; Gulley voting "no".
* * * * * * * * * * * * * * *
Mayor Jones called for consideration of the following action by motion:
Authorizing the City Manager to hire rate consultants and attorneys to
analyze the rate request of Nueces Electric Cooperative, Inc., and to
represent the City before the Public Utility Commission; and ratifying the
intervention of the City in PUC Docket No. 5203; and suspending the
effective date of the proposed rates within the City for 120 days.
A motion was made by Mayor Pro Tern Turner that the foregoing item be
confirmed, seconded by Council Member Kennedy and passed unanimously.
* * * * * * * * * * * * * * *
Council Members Gulley and Dumphy made the observation that the Mayor had
called for the vote on the ordinance pertaining to the Mexican Unity Council and
noted that there were people in the audience who might wish to speak on this.
Mayor Jones called for comments on this ordinance.
Mrs. Anna Maria Del Rosario, 702 Atlantic, explained that she had
accomplished everything required in the original ordinance for the closure of
the streets for their Feria Hispanica Festival with the exception of the
signatures of 100$ of the property owners since Bay Motel and Travel Lodge
refused to sign the agreement.
. iutes
Regular Council Meeting
June 29, 1983
Page 5
Council Member Dumpily noted that two gentlemen were present in the audience
prior to the Council vote on the amending ordinance and possibly they too would
have liked to address this ordinance.
Mayor Jones suggested that the Staff attempt to contact the two members and
ask them to return to the Council Chamber at which the Council will reconsider
this matter if they wished to provide testimony in regard to this ordinance.
Mayor Jones called for consideration of Motions from the Consent Agenda on
Items 1 through 14.
*1. The opening of bids on the Elizabeth Street project be delayed as-
addi-ttenal--N+ree�veeks�r-aarsti! -Jany �llT-1483.
2. Bids be received July 15, 1983 for word processing equipment for the
Business Development Department to help carry out the short and long term
objectives of the Department.
3. Plans and specifications for the Animal Shelter Improvements project be
approved and bids be received on July 27, 1983. This 1977 bond project
provides for a new quarantine building, rehabilitation work at the existing
kennel building and site paving work at the Animal Control facilities in
the 1100 block of Navigation Boulevard.
4. Twelve months supply agreement for approximately 840 mechanical joint, 100
flanged and 220 swivel hydrant fittings, 375 retainer glands and 5,750
miscellaneous bolts, nuts and gaskets for the Water Division he approved
based on best bid meeting specifications.
AQUA UTILITY, Corpus Christi:
$112,530.80
Five bid invitations were issued and four bids were received. Price have
increased an average of 10% since the previous contract of June, 1982.
5. Twelve months supply agreement for stormsuits and raincoats, stenciled with
the City seal, to be used by all Divisions be approved based on low bid
meeting specifications. The bid of $11,624 from Global Safety Resources
did not meet specifications. The seams were not all stitched, coated and
reinforced as specified. The snaps were also of an inferior quality.
VALLEN CORPORATION, Corpus Christi, Texas:
$14,224.50
Ten bid invitations were issued and nine bids were received. Price
comparison is not available as this is the initial contract for stenciled
raingear, although these prices reflect a 3% decrease from prices paid on
an as needed basis without the City stencil.
6. The Convention Center Area Drainage Improvements project be accepted and
final payment of $30,706.64 for a total of $102,859.11 be made to Goldston
* Note: this item was amended, see page 7
Minutes
Regular Council Meeting
June 29, 1983
Page 6
Corporation. A 23 day time extension is recommended due to the need to
delay construction for Convention Center and Port activities. A 48"
diameter storm sewer relief line was extended in the Convention Center Area
by tapping into the 78" diameter conduit in Water Street. The project was
funded from the interest earnings in the Convention Center Bond Fund.
7. The St. Peter street project be accepted and final payment of $5,298.44 for
a total of $16,072.20 be made to Guerra Construction Company. This project
provided for the paving of one half of St. Peter Street which abuts a City
park in the Highland Oaks Subdivision in Flour Bluff. The contractor
exceeded the 30 day time allotment by six days. Liquidated damages of $210
are being recommended due to lack of pursuit by the contractor to complete
the project. The project was funded with Revenue Sharing Funds.
8. Amending a previously approved agreement with The Clower Company, Trustee
of Wooldridge Creek Subdivision, and the J. L. Watson Company, Inc. to
allow for additional apartment development and continuing to defer the
street paving obligation on Cimmaron Boulevard as this development is not
adjacent to this street. The amendment will allow for the Phase II
development of the Hampton Port Apartments.
9. Authorizing the City Manager to release a 2.008 acre temporary construction
easement acquired in 1970 for the purpose of stockpiling pipe materials and
assembling water pipeline for the 30" water transmission line placed in
FloIly Road in the Flour Bluff portion of the City. The temporary easement
grant, as filed in Volume 1362, Page 425, of the Deed Records, is no longer
needed by the City.
10. Authorizing the city manager or his designee to execute an agreement with
AMIGOS, Inc. Computerized Bibliographic Service for the purpose of
cataloging new library materials and continued conversion of the existing
card catalog to a machine-readable format. The approximate annual cost of
this contract is $28,000, of which $18,000 will be credited from the Texas
State Library in return for services as an Inter -Library Loan Center.
11. Setting a public hearing for July 13, 1983 at City Hall, Council Chambers
and for July 14, 1983 in ars open area at 8:30 A.M. east of Rodd Field Road
south of the intersection of Saratoga Boulevard and Rodd Field Road for the
annexation of a 44.59 acre area out of Lots 30, Section 27 and Lots 3, 4,
5, 5A, 6, 6A, Flour Bluff Encinal Farm and Garden Tracts, being platted as
Southfork Unit #2.
12. Setting a public hearing for July 13, 1983 at City Hall, Council Chambers
and for July 14, 1983 in an open area west of Everhart south of the
intersection of Snowgoose Road and Everhart Road at 8:00 a.m. for the
annexation of a 41.83 acre area out of Lots 2 and 5, Section 11, Bohemian
Colony Lands, being platted as Willowick Addition.
,lutes
Regular Council Meeting
June 29, 1983
Page 7
13. Authorizing the City Manager to execute a contract amenchient between the
City of Corpus Christi and Joe Lara, doing business as Lara House Movers,
to extend for an additional one hundred and twenty days the term of the
contract approved by City Council on June 18, 1982 for the moving of the
Merriman-Bobys House to its permanent location.
14. Authorizing the defense and indemnification of certain City officers and
employees named as defendants in cause # 83-2855-D filed in the 105th
District Court of Nueces County, Texas.
Council Member Kennedy referred to Item 2 and inquired if this word
processing equipment would tie into the City's existing host computer, and City
Manager Martin replied that it will tie in with the City's Data Processing and
they hope that it will eventually tie with the Port and at a later date into a
data processing bank.
Mayor Jones called for comments from the audience on Items 1 through 14.
Mrs. Catalina Martinez, representing the residents of the Spohn Hospital
area, urged that there be a hearing in that neighborhood before a final
decision is made on Item 1. She stated that Mr. Lontos had informed her that
more traffic counts are being made and she requested a night meeting either at
South Bluff Park Church or in the Council Chamber.
Mayor Jones inquired as to whether or not this item will be a discussion
item during a workshop meeting, and Mr. Martin replied that it would be on July
13
City Manager Martin explained that the recommendation was made to delay the
receipt of bids until July 20 because if the street is not widened, the
specifications will be changed more than 25%. He stated that bids will have to
be received and then a public hearing will ordinarily be held on assessments but
evidentally Mrs. Martinez is requesting another public hearing. He suggested
that since this is the request, that the bid opening be postponed indefinitely;
it will be discussed at a workshop meeting in two weeks; and then public
hearings, etc. can be set.
Mrs. Martinez stated that the Spohn Hospital officials are not in favor of
widening Elizabeth Street either because of the danger of employees parking and
crossing the street. She stated that she had obtained that information from Mr.
Thomas Tucker of Spohn Hospital.
A motion was made by Mayor Pro Tem Turner that the consent Items 1 through
14, 1 having been amended, be approved, seconded by Council Member Zarsky; and
passed unanimously.
* * * * * * * * * * * * * * *
Mayor Jones called for consideration of consent ordinances and ordinances
from previous meetings on Items 15 through 23.
Minutes
Regular Council Meeting
June 29, 1983
Page 8
Mayor Jones suggested that a special ceremony be scheduled on Item 15,
which is the Saint Andrews Park Site Development Project, and Item 16, which is
the contract for the Flour Bluff Waste Water Treatment Plant.
Mr. Lontos agreed but stated that the Flour Bluff Waste Water Treatment
Plant may be delayed for some time because it requires E.P.A. approval.
Council Member Hawkins suggested that action be taken on Item 19, which is
increasing the size of the Private Industry Council by two members, rather than
just passing a resolution.
Mayor Pro Tem Turner rrede a motion that resolution pertaining to the
Private Industry Council be amended to expand that Council by six nenbers rather
than two.
Mayor Jones declared Mayor Pro Tem Turner's motion died for lack of a
second.
Mayor Jones called for convents from the audience on these ordinances.
Mr. Bill Holland, representing Pendaris Corporation and Wood River
Community, stated that they looked forward to joining the City and becoming a
part of it. He stated that the citizens are very excited about being allowed to
vote in City elections and enjoying City services. He stated that they will be
joining the City in the intervention against Nueces Electric Co -Op opposing the
rate increase request because their area could better be served by Central Power
and Light Company. He stated that they hoped that the Public Utilities
Commission would grant dual certification for electric service in their area.
Council Member Kennedy inquired if it was possible to have dual
certification, and City Manager Martin stated that they did not know that yet
but they do plan to file this intervention.
Mr. Holland continued by stating that Wood River contains 190 family units
and apartments in the area will be under construction soon. He stated that
hopefully Central Power and Light Company will step in and make application to
serve Wood River.
Also speaking in regard to service in Wood River by Nueces Electric Co -Op,
Mr. Dan Winship stated that the rate structure is about 30% higher than Central
Power and Light Company rates and urged that the City do everything possible to
encourage dual certification so that they could be served by Central Power and
Light Company.
There were no further comments on these ordinances; City Secretary Read
polled the Council for their votes; and the following ordinances were approved:
15. ORDINANCE NO. 17674
AUTHORIZING THE EXECUr I ON OF A CONTRACT WITH B & B BU I IDERS FOR THE ST.
ANDREWS PARK SITE DEVELOPMENT PROJECT; APPROPRIATING $280,000 FCR THIS
CONTRACT; PW DECLARING AN ENEFCENCY.
lutes
Regular Council Meeting
June 29, 1983
Page 9
The charter Rile was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
16. ORDINANCE NO. 17675
AUTHORIZING THE EXEGiT I ON OF A CONTRACT WITH BASIC CONSTRUCTORS, INC., FOR
EXPANSION OF THE FUJ.JR BLUFF WASTEWATER TREATMENT- PLANT; APPROPRIATING
$4,250,000 FOR THIS CONTRACT; AND DECLARING AN EMERGENCY.
The charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Duuphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
17. ORDINANCE NO. 17672
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPR)JBvENT OF: 1. CLHvNER
STREET, FMN AYERS S I FEET TO NAPLES STREET, 2. D I LLON LANE, F-1414 PORT
AVENUE TO STATE HIGHWAY 286, AND, 3. NEMEC STREET, FFShi AYERS STREET TO
I-WMLETT DRIVE; AND DECLARING AN B'ERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dunphy, Gilley, Hawkins, Kennedy and Zarsky
voting, "Aye".
18. ORDINANCE ND. 17673
APPROVING THE WRIIIEN STAIUvENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR
THE I MPRIDA FNf OF THE FOLL(» I NG STREE I S : 1. CL HVYER STREET, FROM AYERS
STREET TO NAPIF5 STREET, 2. DILLON LANE, HAW PORT AVENUE TO STATE HIGHWAY
286, AND 3. NEMEC STREET, EWA AYERS STREET TO HAMLET DRIVE. DETERMINING
THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE
RERTICN TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY
ROLL FOR ALJUJST 3, 1983, AT 3:00 P.M., IN THE CITY COUNCIL CHAMBERS AT CITY
HALL; AND DECLARING AN EMERGENCY.
The charter Rule was suspended and the foregoing ordinance passed by
the following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy
and Zarsky voting, "Aye".
19. RESOLUTION NO. 17676
UFG I NG THAT THE PRIVATE INDUSTRY OGUNC I L EXPAND ITS NEWBERSH I P TO FIFTEEN
MEMBERS WITH ONE NHvBER TO BE REPRESENTATIVE OF A COMAJNITY BASED
ORGANIZATION AND CNE MEMBER TO BE REPRESENTATIVE OF THE PRIVATE BUS I NESS
SECTOR.
The charter Rule was suspended and the foregoing ordinance passed by
the following vote: Jones, Turner, Dunphy, Gilley, Kennedy,
and Zarsky voting, "Aye", Hawkins "abstaining".
Minutes
Regular Council Meeting
June 29, 1983
Page 10
20. FIRST READING:
AMENDING THE CODE OF ORDINANCES CHAPTER 6, ANIMAL CONTROL, SO AS TO MACE
THE EXPIRATION DATE OF AN ANIMAL CONTROL LICENSE THE SANE DATE THE
VACCINATION IS CUE.
The foregoing ordinance was read for the first titre and passed by
the following vote: Jones, Turner, Du phy, Gulley, Hawkins, Kennedy
and Zarsky voting, "Aye".
21. THIRD READING - ORDINANCE ND. 17677
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN
THE CITY OF OORRJS CHRISTI AND PEI tAR I S °CR MAT I CN FC* THE ANNECAT I ON OF
APPROXIMATELY 152.88 ACRES OF LAND KNIDNN A5 WOOD RIVER SUBDIVISION NJECFS
COUNTY, TEXAS; FINDING ALL OF SAID LAD TO LIE ENTIRELY WITHIN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS,
ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY.
The foregoing ordinance was read for the third time and passed by
the following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy
and Zarsky voting, "Aye".
22. THIRD READING - ORDINANCE NO. 17678
ANETDING ORDINANCE t'O. 4168, PLATTING ORDINANCE, BY ADDING A NEW PARAGRAPH
TO SECTION II, DEFINITIONS, AMENDING SECTION III, PROCEDURE, AND ADDING A
NEW PARAGRAPH lV, DES I QN STANDARDS.
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
23. THIRD READING - ORDINANCE t'U. 17671
AUTHORIZING AN AMENDNa 7VT TO THE LEASE AGREEMENT WITH THE CORPUS CHRISTI
ARTS COUNCIL FOR THE NERRIMAN-BCBYS HOUSE SO AS TO EXTEND THE LEASE TO 20
YEARS EWA THE DATE OF THIS ORD I NANNCE AND REf U I R I NG THE CORPUS CHRISTI ARTS
COUNCIL TO ASSLTvE ALL UT I L I T I FS AND MAINTENANCE OF THE HOUSE OTHER THAN
WATER, SEWER, AND GARBAGE.
The foregoing ordinance was read for the third time and passed by
the following vote: Jones, Turner, Dunphy, Colley, Hawkins, Kennedy and
Zarsky voting, "Aye".
* * * * * * * * * * * * * * *
.... Butes
Regular Council Meeting
June 29, 1983
Page 11
Mayor Jones noted that representatives of Travel Lodge and Bay Motel had
returned to the Council Chamber and called for further consideration of Item 23b
pertaining to the street closing on Shoreline.
Mr. David Pierson, General Manager of Travel Lodge, stated that he was
opposed to the street closing during the summer because it adversely affects his
business; there is no parking; a traffic problem would be created; tourists
would be unable to find his motel; and although he did not object to Bay Fest
since it is held in September, they are opposed to the street closing during the
summer. He stated that he estimated that his motel lost $20,000 last year at
the time this event was held. He suggested that the event be held at the
Bayfront Convention Center. He continued by stating that they had just recently
been paid for roarb that the Mexican Unity Council booked during this event the
preceding year.
Mayor Pro Tem Turner noted that several other businesses had already signed
the agreement to close the street and inquired if there was anything that could
be done to assist these two motels.
Mr. Pierson stated that he did not know other than he wanted the Council to
be aware that they had a considerable loss in revenue and a hardship was created
because they had to clean up their area after the event the preceding year.
Mr. Royce Tate, representing Bay Motel, referred to a letter recently sent
in regard to this event. He stated that the closing of the street will continue
for eight or nine days while the Mexican Unity Council is getting ready for the
festival and he was reluctant to sign the form last year and it proved to be
quite a loss to him and his hotel. He too stated that closing the street really
interfered with his business. He stated that the festival is poorly attended
and was not well organized; therefore, everyone lost in the event.
Council Member Kennedy suggested that this entire concept on street closing
needs to be re-examined. He stated that he was of the opinion that it would be
almost impossible to refuse to allow the Mexican Unity Council to have the
permit at this late date since their plans have already been made.
Council Member Hawkins noted that if these hotels actually lost $20,000 in
revenue last year, their complaints should have gone to the City Council
immediately after the festival rather than waiting an entire year just before
the event is to be held again. He pointed out that if the City had been aware
of the problem several months ago, something could have been worked out.
Mr. Tate stated that the festival was so poorly attended that he did not
think it would be held again. He also stated that if the festival were going to
be held, the sponsors should have contacted him some time ago.
Council Member Culley stated that he had not seen anything on this event
and he had concurred with the street closings before because the sponsoring
party had always obtained the consent of the property owners before going ahead
with the event. He expressed the opinion that the Council should not amend the
ordinance because he felt that 100% of the property owners should agree to any
Minutes
Regular Council Meeting
June 29, 1983
Page 12
street closing and stated that he will vote against the motion and the amending
ordinance.
Mayor Pro Tem Turner stated that she has a problem in not allowing this
group the same privilege that was granted for Bay Fest. She pointed out that
the precedent had been established to close the street, it is really too late to
deny the street closing at this time.
Mayor Jones reminded the Council and the audience that Bay Fest has given a
great deal of pleasure to a large number of citizens and for the City Council to
deny this request would indicate racial prejudice. He stated that there is a
need to approve the street closing for this event but possibly the City should
re-examine the entire ordinance regarding street closings for special events and
they would like to discuss it in a few weeks.
Council Mester Colley stated that he was very disappointed at the Mayor's
statement about racial overtones. He stated that the ethnic make-up of the
group has nothing to do with his decision because he is only concerned about
taking $20,000 from one property owner to accomodate any organization and it
did matter which organization it was.
Council Menter Zarsky suggested that possibly the west side of the street
could be allowed to remain open and have the booths installed on the east side.
W. Tom Stewart, Director of Transportation, stated that they are a little
concerned about pedestrian movement across the busy street.
Council Merrber Zarsky stated that it may not be a very serious problem
since the event was poorly attended last year.
Mr. Stewart continued by explaining the problem associated with keeping the
west side open.
Council Member Dunphy stated that he voted to pass this amendment this
morning, but at that time he was not aware that these motels were losing rroney.
Further discussion followed.
A motion was made by Council Member Kennedy that the City Manager be
instructed to work with the Mexican Unity Council on this event to work out all
possible means of minimizing the interference with business as usual and attempt
to keep one portion of the street open at all times.
Council Member Zarsky stated he would second this but asked that the motion
be amended to the effect that if the street crust be closed completely, that the
street closing be limited to three days only. Council Member Kennedy accepted
this amendment to his motion.
Council Mester Hawkins pointed out that the Council is still addressing
this particular group and if they are going to make a change, it should apply to
all parties, not just this organization.
Minutes
Regular Council Meeting
June 29, 1983
Page 13
Council Mcnber Du phy stated that the Council should adhere to the original
ordinance that is in effect, and Council Member Hawkins stated that he did not
agree with the ordinance because it allows one or two people to prohibit the
street closing and the same policy should apply to everyone. Mayor Jones called
for the vote on the oration and it passed by the follaving vote: Jones, Turner,
Dunphy, Colley, Kennedy and Zarsky voting "Aye"; Hawkins "abstaining"
* * * * * * * *
Mayor Jones announced public hearing on the following natter:
24. Application of the Business Development Department to change the name of
Farinon Way to Junior Beck Drive. This street is located in Industrial
Technology Park, Unit 1, approximately 325 feet west of the intersection of
South Padre Island Drive and Bear Lane. The abutting property owners, all
City departments and the U. S. Postnnster concur with the change.
Council Member Colley commented that this street name change was to honor
the late O. J. Beck, Jr. and he was in favor of this action.
No one else spoke in regard to this matter.
A nation was node by Council Member Colley that the hearing closed,
seconded by Mayor Pro Ten Turner; and passed unanimously.
A motion was made by Council Member Colley that the name of Farinon Way be
changed to Junior Beck Drive; seconded by Mayor Pro Ten Turner; and passed
unanimously.
Mayor Jones suggested that a public ceremony to connennrate the street narre
change be conducted.
Council Member Colley stated that he would suggest that someone check with
the Business Development Department to see if they wished to have appropriate
ceremonies changing the street nave.
* * * * * * * * * * * * * * *
Mayor Jones announced Ixrblic hearings on two zoning application.
Application No. 583-12, Mr. Daniel Garcia for a change of zoning from
1 e amu y DnefTing District" to "A-1" Apartment House District on
Lot 37B, Block 2, La Paloma located on the south side of Buford Street,
approxirmtely 37' east of Verbena Street.
Assistant City Manager Tom Utter informed the Council that the Planning
Commission recommends approval and the Planning Staff recommends denial because
they feel that "A-1" would be inconsistent with the surrounding zoning of this
area which is "R -1B". He stated that in response to the 45 notices of the
public hearing that were mailed, 1 in favor and none in opposition had been
returned.
Minutes
Regular Council Meeting
June 29, 1983
Page 14
Mr. Larry Wenger, Director of Planning, located the area on the Zoning and
Land Use reap, described the land use in the surrounding area, showed slides of
the area, and stated that the owner would like to convert the existing dwelling
to a duplex.
Council Member Kennedy inquired if there is a way to allow Mr. Garcia to do
what he wants under duplex zoning and Mr. Wenger stated that he could not
because of the small lot size.
Mayor Jones ascertained that the applicant was not present.
No one spoke in regard to this application.
A nation was made by Council Member Gulley that the hearing be closed,
seconded by Council Member Dunphy, and passed unanimously.
Council Member Kennedy pointed out that Mr. Garcia would only be allowed to
build two units if a special permit were granted rather than the "A-1" zoning.
Mr. Wenger agreed that a special permit would allow the property to revert
to "R -1B" zoning if a duplex is no longer in existence and he too felt that a
special permit would better protect the neighborhood.
A notion was made by Council Member Kennedy that the zoning of "A-1" be
denied but in lieu thereof that a special permit subject to an approved site
plan be approved for a duplex; seconded by Council Member Dunphy; and passed
unanimously.
26. Application No. 583-13, C. C. Land Venture Company, for a change of zoning
from "F- " Farm -Rental District to "R-2" Multiple Dwelling District on Tract
1, "AB" Professional Office District on Tract 2, and "B-4" General Business
District on Tract 3. Tract 1 being being 12.69± acres, Tract 2 being
10.83± acres, and Tract 3 being 20.81± acres, all Tracts out of Lots 25 and
26, Block 12, and Lot 32, Block 19, Flour Bluff and Encina) Farm and Garden
Tracts, located on the north side of Saratoga Boulevard, approximately
1,260' west of Airline Road.
Mr. Utter stated that both the Planning Commission and Planning Staff
recommend approval and that in response to the notices of the public hearing
only 1 in opposition had been returned.
No one spoke in regard to this application.
A motion was mode by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Dunphy, and passed unanimously.
City Secretary Read polled the Council for their vote on the ordinance
effecting the zoning change and it passed as follows:
26. ORDINANCE NO. 17679:
AMENDING THE ZONING ORDINANCE UPON APPLICATGN OF C. C. LAND VENTURE COMPANY BY
CHANGING TUE ZONING HThi "F -R" FARM -RURAL DISTRICT TO "R-2" MULTIPLE DWELLING
DISTRICT CN TRACT 1, "AB" PRIOFESSIONAL_ OFFICE DISIRICT CN TRACT 2 AND "B-4"
Nnnutes
Regular Council Meeting
June 29, 1983
Page 15
GENERAL BUSINESS DISIKICT ON TRACT 3 WITH TRACT 1 BEING 12.69± ACRES, TRACT 2
BEING 10.83± AND TRACT 3 BEING 20.81±, ALL TRACTS OUT OF LOTS 25 AND 26, BLOCK
12, AND LOT 32, BLOCIK 19, FLOUR BLUFF AND ET' C I NAL FARM' Pt J CARDEN TRACTS.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Durrphy, Kennedy and Zarsky voting "aye"; Gulley
and Hawkins "absent."
Council Merrbers Gulley and Hawkins were absent at the tire the vote was
taken.
* * * * * * * * * * * * * * *
Mayor Jones called for petitions or information from the audience on
matters not scheduled on the agenda.
Mr. Ronald McGee, 434 Lynette, stated that he is very concerned about the
proposed gas and water rate increase. He stated that he particularly objected
to the payment of gas and water rate cost into the general fund and objected to
the fact that the Public Utilities is supporting other activities in the City.
He requested that the City not profit from the income from in lieu of franchise
and property taxes from the Public Utilities. He pointed out that people cannot
afford to make their utility payments now, and if they are increased, they will
have even more difficulties. He assured the Council that if the in lieu of
franchise and property taxes are not eliminated, he will obtain a petition
challenging the Home Charter of the City.
Council Nertber Kennedy agreed with Mr. McGee and stated that none of the
Council Nlenbers are happy about the in lieu of franchise and property taxes. He
stated that the amount this year is approximately $2,000,000 and if this is
taken out of the general fund the budget will have to be decreased further or
that amount will have to be generated by an increase in the tax rate. He stated
that he too would like to have same type of phasing down of this practice
similar to what is being done with revenue sharing funds and he hoped to work
toward that end but he did not think that it could be corrpletely eliminated this
year.
There being no further business to came before the Council, on motion by
Council Merrber Kennedy, seconded by Council Merber Zarsky, and passed
unanimously the Regular Council Meeting was adjourned at 4:13 P.M., June 29,
1983.