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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.