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HomeMy WebLinkAboutMinutes City Council - 05/26/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 26, 1982 2:00 P.M. PRESENT: Acting Mayor Pro Tem Bob Gulley Council Members: Jack K. Dumphy Herbert L. Hawkins * Dr. Charles W. Kennedy Cliff Zarsky ABSENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Olt() A -- City Manager Edward Martin Ass't. City Attorney Jay Doegey Acting City Secretary Dorothy Zahn Acting Mayor Pro Tem Bob Gulley called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend Ted Eaton of Calallen Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Herbert Hawkins. Acting 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. Acting Mayor Pro Tem Gulley noted the issuance of the following proclamation: "COUNTRY BOY INVITATIONAL/SPECIAL OLYMPICS' - May 25 - 28, 1982. A motion was made by Council Member Cliff Zarsky that the Minutes of the ' Regular Council Meeting of May 12, 1982 be approved as presented; seconded by Council Member Dumphy; and passed unanimously. Acting Mayor Pro Tem Gulley then administered the oath to the following newly appointed members to the various boards and committees: Mr. Jose Longoria, Airport Advisory Board; Mrs. Alice Milloy and Mrs. Beatrice Morin, Sister City Committee; and Mr. C. Ivan Wilson and Mr. Mark H. Hulings, Municipal Industrial Commission. ********** FILMED SP191984 Minutes Regular Council Meeting May 26, 1982 Page 2 Acting Mayor Pro Tem Gulley announced the bid opening on the following engineering project: North Corpus Christi Beach Parking Lot project. This project consists of the construction of a 49 space parking lot at the north end of Corpus Christi Beach at the location of the recently completed comfort station. The parking lots would serve both the comfort station and the park users along this portion of Corpus Christi Beach. Mr. James K. Lontos, P.E., Assistant City Manager, opened bids on this project from the following firms: Bay, Inc., C & C Industrial Builders, Heldenfels Brothers, Inc, Isles Construction Co., King Construction Co., Leopard Construction Co., and A. Ortiz Paving & Construction. Mr. Lontos explained that an addendum had been mailed to the bidders to inform them that the project had been enlarged to include resurfacing of the multi-purpose court at Hillcrest Park and noted that all of the bidders had acknowledged the addendum, with the exception of Leopard Construction Company, but presumed they received it because it was included in the total bid project. Acting Mayor Pro Tem Gulley expressed appreciation to the companies that had submitted bids and stated that they will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. ********** ** Council Member Kennedy arrived at the meeting at 2:10 p.m. Acting Mayor Pro Tem Gulley called for actions of the City Council by motion on the following items: ** ** 1. The Airport Terminal Building Renovation and Expansion Project be accepted and final payment of $118,873.60 be made to Braselton Construction Company for a total of $1,319,005. Since a damaged security door is being reordered and the project plaque has not been furnished, it is recommended that $26,400 be retained until these items are complete. This project provided for the enlargement of the queueing area and walkway in front of the building at the ticket counters, the relocation and enlargement of the baggage claim area, additional restroom facilities, a wheelchair lift, and the relocation of the rental car operator counters. The project was funded with 1977 bond funds and by a FAA grant. 2. Bids be received June 15, 1982 for twelve months supply agreement for approximately 1080 - 94 lb. bags of portland type I cement for use by various divisions. The cement is used for such purposes as soil stabilization on small street patch jobs. 3. Bids be received June 15, 1982 for twelve months supply agreement for approximately 39,100 feet of 1" to 6" plastic pipe, 5860 1" to 6" plastic fittings and 324 containers of solvent and cement for the Park and Water Divisions. This item was withdrawn by the City Manager - See page 4. .ainutes Regular Council Meeting May 26, 1982 Page 3 *** 4. Traffic signal material and supplies for the Traffic and Transit Department be purchased as follows on the basis of best bid: Clifford of Vermont; Bethel, Vermont 27,500 ft. Traffic Signal Control Cable Doerr Associates of Texas; Arlington 24 Traffic Signals Signal Engineering Co., Corpus Christi 300 Signal Lens; miscellaneous mounting supplies 135 Signal hoods and visors $ 9,075.50 $ 4,778.11 $ 7,766.75 GRAND TOTAL . $21,620.36 Five bids were received. Price comparison shows no change on the control cable since 1979, a 25% increase on the traffic signals since last year and a 15% decrease on the lens since 1980. The equipment is included in the 1981-82 Budget. 5. Bids be received June 15, 1982 for twelve months supply agreement for 1700' of chain, 519 hooks and shuts, 930 lbs. of rope, 12,000' of wire rope and guy wire and 2477 wire rope clips. 6. Bids be received June 15, 1982 for duplicating equipment to replace the existing copy system. The current unit is over eight years old and is frequently in need of repair. Parts for a portion of the system are no longer available. The equipment is included in the 1981-82 Budget. 7. Bids be received June 22, 1982 for the following replacement heavy- duty trucks: a. 1 ea.- 10,000 gross vehicle weight (GVW) cab and chassis for the Wastewater Services and Water Divisions. b. 2 10,000 GVW cab and chassis with service body for the Signs and Marking Activity of the Traffic and Transit Department. c. 8 20,000 GvW cabs and chassis for the Street Division with 3 with dump bodies. d. 3 - 20,000 GVW cabs and chassis for the Park Division - 2 with brush bodies and 1 with stake body. e. 5 - 20,000 dvW cabs and chassis - one for the Wastewater Services and four for the Sanitation Divisions. f. 3 - 23,000 GVW cabs and chassis for the Wastewater Services Division. g. 1 - 23,000 GVW cab and chassis with oil field body for the Gas Division. 8. The City Manager be authorized to execute an agreement with the Music Performance Trust Fund, 1501 Broadway, Suite 315, New York City, New York, for twelve summer concerts in 1982, which will be played by the Corpus Christi Musician's Association, Inc., Local No. 644, at a compensation of $750 per performance, not to exceed $9,000 in total, for the purpose of providing the citizens of Corpus Christi with musical performances for their benefit and enjoyment. *** This item was withdrawn - see page 5. Minutes Regular Council Meeting May 26, 1982 Page 4 9. A public hearing be held on the Community Development Block Grant Program on June 9, 1982 for the purpose of receiving public comments on the 8th Year Community Development Block Grant Application and amendments to previous years grants. 10. Proposals be received from qualified professional companies to provide assistance in the design and implementation of a comprehensive automated financial system. The system to be designed will be an on-line system with the City's present computers. The proposals are to be received by 4:00 p.m. June 18, 1982. City Manager Edward A. Martin stated that he would like to withdraw item 1 from consideration in order to allow the Staff to investigate some minor problems in the baggage claim area. Several Council Members indicated that they would like to have items 7 and 9 discussed before they are passed. A motion was made by Council Member Dumphy that items 2, 3, 4, 5, 6, 8, and 10 be approved as presented; seconded by Council Member Hawkins; and passed unanimously. Council Member Zarsky referred to item 7 and inquired if the heavy duty trucks to be purchased were gasoline or diesel trucks, and City Manager Martin replied that they would all be for gasoline engines except for the four Sanitation Department's trucks which would be for propane. Council Member Zareky then inquired if there would be any reason why bids on the trucks could not be solicited for both gasoline and diesel fuel. Assistant City Manager Bill Hennings explained that it was the Staff's decision to recommend the propane trucks for the garbage since they operate very well on propane. City Manager Martin then suggested that this item could be withdrawn for one week to allow the Staff to rewrite the specifications for both gasoline and diesel trucks. In regard to item 9, Council Member Hawkins inquired if the Council would be provided with copies of the application and amendments before the public hearing and expressed concern as to how the public would know what to comment on. Assistant City Manager Tom Utter informed Mr. Hawkins that fifteen neighborhood meetings have been conducted, a public hearing has been conducted before the Planning Commission and the reason it is before the City Council today is to set the public hearing, and publish the notice of hearing date hand a statement of objectives in the newspaper. Assistant City Manager Utter assured inutes tegular Council Meeting May 26, 1982 Page 5 the Council that copies of the application and amendments would be provided them prior to the hearing. Council Member Zarsky referred to item 10, noting that he was aware that it had been approved but would like to know for his information only whether or not the City was presently using the comprehensive system in the Finance Department. City Manager Edward Martin replied that this will be designing software through some outside system to better handle our Accounting and Data Processing; the City has good personnel and the Staff believes they can design a system to better utilize the existing equipment with assistance from an outside company; and that the City will purchase the software and the outside consultant will help City personnel design it. Council Member Jack Dumphy suggested that a Mr. Leon Sanford from St. Louis, Missouri, who is very knowledgable in this type of work, be contacted. There were no further comments on the foregoing items. A motion was made by Council Member Zarsky that item 7 be withdrawn for further information and that item 9 be approved; seconded by Council Member Dumphy; and passed unanimously. ********* Acting Mayor Pro Tem Gulley called for consideration of the new ordinances and stated that he would like to see ordinances b (No. 17050) and c (No. 17051) be passed on an emergency basis due to the upcoming Memorial weekend. Regarding item b (Ordinance No. 17051) Council Member Kennedy inquired of the City Manager how this would be enforced. City Manager Martin•replied that a permit would be required from the Park and Recreation Department for a 3 -day period. Council Member Hawkins referred to item d granting a 5 -year franchise extension for benches and inquired whether there was a particular reason why the City had not received bids on this. City Manager Martin informed the Council that this particular franchise has been very successful for the City and is on a percentage basis. Council Member Kennedy expressed concern about the amount of percentage the City is receiving and inquired if this is standard in other cities this size and if the five-year period is a normal procedure. inutes Regular Council Meeting May 26, 1982 Page 6 Mr. Tom Stewart, Director of Traffic and Transit, explained that the franchise between Mr. Abrams and the City had originated in 1956 based on 10% of the gross receipts received from advertising for a five-year period; it has since been renewed several times, each for five-year contracts; and eventually raised to 15% of the gross receipts. Mr. Stewart reminded the Council that the ordinance before them is a three -reading ordinance and he would be happy to conduct a survey of what other cities this size are doing in this regard and provide this information to them prior to final passage of the ordinance. In regard to ordinance h (Ordinance No. 17055), Council Member Hawkins inquired whether any efficiency reports had been submitted with the applications and Mr. Stewart replied that the Transit Department had responded to every complaint received. Acting Mayor Pro Tem Gulley called for comments from the audience on this item. Mr. Eli Abrams, dba, Courtesy Advertising Company, addressed the Council in regard to the first reading of the ordinance approving his 5 -year franchise extension to provide public service benches along City bus routes, stating that he would like to point out that the average rate in the country for a franchise of this nature is for the franchisee to pay 10% of the gross receipts received from advertising, but he had volunteered to pay 15% to the City. ********** Acting Mayor Pro Tem Gulley called for consideration of the second and third reading ordinances. Acting City Secretary Zahn called to the Council's attention the need to amend, prior to the third and final reading, by adding to the ordinance closing and abandoning utility easements and a portion of Janet Drive and a portion of Mt. Vernon Drive, a new Section 4 and renumbering the present Section 4 as Section 5, so as to abandon a 10 -foot utility easement in Block 10, Mount Vernon Subdivision Unit 3. A motion was made by Council Member Dumphy that the foregoing amendment be approved; seconded by Hawkins and passed unanimously. There were no further comments on the ordinances; Acting City Secretary Zahn polled the Council for their votes; and the following ordinances were passed: FIRST READING: AMENDING PLATTING ORDINANCE 4168 BY AMENDING SECTION V, REQUIRED IMPROVEMENTS, SUBSECTION B, MINIMUM STANDARDS, PARAGRAPH 3, SIDEWALKS. .minutes Regular Council Meeting May 26, 1982 Page 7 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Gulley, Dumphy, Hawkins and Zarsky voting, "Aye"; Kennedy, out of the Counncil Chamber at the time the vote was taken; Jones and Turner, "absent". ORDINANCE NO. 17050: AMENDING THE CORPUS CHRISTI CITY CODE BY AMENDING CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, ARTICLE I, IN GENERAL, AUTHORIZING OVERNIGHT CAMPING AT NUECES RIVER PARK ON A THREE-DAY PERMIT BASIS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Gulley, Dunphy, Hawkins, and Zarsky voting, "Aye"; Kennedy, out of the Council Chamber at the time the vote was taken; Jones and Turner, "absent". ORDINANCE NO. 17051: AMENDING THE CORPUS CHRISTI CITY CODE BY ADDING SECTION 11 TO CHAPTER 36, PARKS, RECREATION, CULTURAL ACTIVITIES, ARTICLE I, IN GENERAL, ESTABLISHING A CURFEW AND PROHIBITING ALCOHOLIC BEVERAGES FROM 12:00 MIDNIGHT UNTIL 7:00 A.M. IN GENERAL PARKS AND TO PROVIDE ADDITIONAL PARK SECURITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Gulley, Dunphy, Hawkins and Zarsky voting, "Aye"; Kennedy, out of the Council Chamber at the time the vote was taken; Jones and Turner, "absent". FIRST READING: EXTENDING AND AMENDING THE FRANCHISE GRANTED BY ORDINANCE NO. 13816 PASSED ON JULY 6, 1977 TO MR. ELI ABRAMS, DBA COURTESY ADVERTISING COMPANY, FOR AN ADDITIONAL PERIOD OF 5 YEARS. UPON SAME TERMS EXCEPT DELETING THE LIMITATION ON THE NUMBER OF BENCHES. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Gulley, Dunphy, Hawkins and Zarsky voting, "Aye";. Kennedy, out of the Council Chamber at the time the vote was taken; Jones and Turner, "absent". ORDINANCE NO. 17052: AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR THE ACQUISITION OF PARCELS 14, 15, 16, 17 AND 18, A DRAINAGE EASEMENT, FOR THE WOOLDRIDGE-STAPLES DRAINAGE OUTFALL, PHASE 1, PROJECT NO. 295-70-66; APPROPRIATING $13,850 FOR THE ACQUISITION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Gulley, Dunphy, Hawkins and Zarsky voting, "Aye"; Kennedy, out of the Council Chamber at,the time the vote was taken; Jones and Turner, "absent". ORDINANCE NO. 17053: AUTHORIZING THE CITY MANAGER TO EXECUTE THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF A PARCEL OF LAND IN CONNECTION WITH THE AIRLINE ROAD-WILLIAMS DRIVE TO HOLLY ROAD STREET IMPROVEMENTS; APPROPRIATING $3,600; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Gulley, Dunphy, Hawkins and Zarsky voting, "Aye"; Kennedy, out df the Council Chamber at the time the vote was taken; Jones and Turner, "absent". Minutes Regular Council Meeting May 26, 1982 Page 8 ORDINANCE NO. 17054: APPROPRIATING $3,713 OUT OF THE NO. 209 COMMUNITY CONVENTION FACILITY BOND FUND FOR BARRICADE RENTAL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Gulley, Dunphy, Hawkins and Zarsky voting, "Aye"; Kennedy, out of the Council Chamber at the time the vote was taken; Jones and Turner, "absent". ORDINANCE NO. 17055: AUTHORIZING THE FILING OF GRANT APPLICATIONS FOR SECTION 5 FUNDS WITH THE DEPARTMENT OF TRANSPORTATION, URBAN MASS TRANSPORTATION ADMINISTRATION, FOR OPERATING ASSISTANCE FOR THE CITY OF CORPUS CHRISTI TRANSIT SYSTEM, DESIGNATING THE CITY MANAGER AS THE AUTHORIZED REPRESENTATIVE; AUTHORIZING HIM TO SIGN SAID GRANT APPLICATIONS AND ANY OTHER NECESSARY DOCUMENTS REQUIRED TO SUBMIT THE APPLICATIONS AND ALL DOCUMENTS NECESSARY TO ACCEPT THESE GRANTS UPON THEIR APPROVAL BY DEPARTMENT OF TRANSPORTATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Gulley, Dumphy, Hawkins, and Zarsky voting, "Aye"; Kennedy, out of the Council Chamber at the time the vote was taken, Jones and Turner, "absent". SECOND READING: AUTHORIZING EXECUTION OF AMENDMENT TO SURFACE LEASE FOR A 2.07 ACRE DRILL SITE IN LOT 13, SECTION 56, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS WITH EXXON CORPORATION AND SUN OIL COMPANY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Gulley, Dumphy, Hawkins and Zarsky voting, "Aye"; Kennedy, out of the Council Chamber at the time the vote was taken; Jones and Turner, "absent". THIRD READING - ORDINANCE NO. 17056: CLOSING AND ABANDONING A 10 -FOOT UTILITY EASEMENT, A 5 -FOOT PORTION OF WHICH TS OUT OF MT. VERNON SUBDIVISION NO. 3 AND A PORTION IS OUT OF PADRE -STAPLES MALL; CLOSING AND ABANDONING TWO 10 -FOOT UTILITY EASEMENTS PREVIOUSLY RETAINED THROUGH THE CLOSING OF MT. VERNON DRIVE; CLOSING AND ABANDONING ALL OF JANET DRIVE FROM THE NORTH RIGHT OF WAY LINE OF MT. VERNON DRIVE TO THE SOUTH RIGHT OF WAY LINE OF McARDLE ROAD AND MT. VERNON DRIVE FROM LENORA DRIVE TO JANET DRIVE, SUBJECT TO CONDITIONS SET FORTH HEREINAFTER. The foregoing ordinance was read for the third time and passed by the following vote: Gulley, Dunphy, Hawkins and Zarsky voting, "Aye"; Kennedy, out of the Council Chamber at the time the vote was taken; Jones and Turner, "absent". Acting Mayor Pro Tem Bob Gulley recessed the Regular\Council Meeting at 3:00 p.m. The Regular Council Meeting was reconvened at 3:08 p.m. A motion was made by Counci Member Dumphy that Mayor Luther Jones and Mayor Pro Tem Betty Turner, who were both out of the country, be excused for just cause; seconded by Council Member Zarsky and passed unanimously: ..inutes Regular Council Meeting May 26, 1982 Page 9 ********** Acting Mayor Pro Tem Gulley announced the public hearings on four zoning cases. Assistant City Manager Tom Utter announced the public hearing on Application No. 382-9, J. L. Watson & Company, for a change of zoning from "A-1" Apartment House District and "R -1B" One -family Dwelling District to "A-2" Apartment House District on 10.68 acres of land out of Lots 9 and 10, Section 12, Flour Bluff and Encinal Farm and Garden Tracts located on the went side of Airline Road south of a 75' drainage easement. Mr. Utter informed the Council that the Planning Commission recommends denial but in lieu thereof that a special permit be approved for a 26.2 units per acre apartment project. He stated that in response to the seven notices mailed to the property owners in the area, three in favor and none in opposition had been returned. Acting Mayor Pro Tem Gulley inquired if the applicant concurred with the Planning Commission's recommendation for a special permit and Mr. Tim Clower, representative, replied the applicant had no objection to it. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. A motion was made by Council Member Zarsky that the zoning of "A-2" be denied but a special permit be granted for a 26.2 units per acre apartment project as recommended by the Planning Commission; seconded by Council Member Dumphy; and passed unanimously. ********* Mr. Utter announced the public hearing on Application No. 382-12, Best Western -Sandy Shores, for a change of zoning from "B-2" Bayfront Business District to "B-4" General Business District on Lots 1, 2, 3 and 5-12, Block 8, Brooklyn Addition located on the northeast corner of Surfside Blvd. and Coastal Avenue. Mr Utter informed the Council that the Planning Commission recommends denial but in lieu thereof, a special permit be approved for an addition to the existing hotel. He stated that of the nine notices mailed to the property owners in the area, none had beep returned. Acting Mayor Pro Tem Gulley ascertained through a representative of the applicant that there was no objection to the special permit. /,4 Minutes Regular Council Meeting May 26, 1982 Page 10 No one else spoke•in regard to this application. A motion was made by Council Member Zarsky that the hearing be closed; seconded by Council Member Dumphy and passed unanimously. A motion was made by Council Member Dumphy that Application No. 382-12 be denied, and in lieu thereof, a special permit be approved for an addition to the existing hotel; seconded by Council Member Hawkins; and passed unanimously. ********** Mr. Utter announced the public hearing on Application No. 482-7, Mr. Tonr,ie Smethers, for a change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on the south one-half of the northwest k of Section 409, A B 6 M Survey, Abstract 555, Nueces County, Texas located on the west side of McKenzie Road approximately 7,000' north of State Highway 44. Mr. Utter informed the Council that both the Planning Commission and the Planning Staff recommend approval and that of the 6 notices of the public hearing mailed to property owners, 0 in favor and 1 in opposition from outside the pity limits were received. No one spoke in regard to this application. • A motion was made by Council Member Zarsky that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Council Member Zarsky that the Council approve the zoning of "I-2" on Application No. 482-7 as recommended by the Planning Commission; seconded by Dumphy; and passed unanimously. ********** Mr. Utter announced the public hearing on Application No. 482-8, Mr. Fred Sanchez, for a change of zoning from "I-2" Light Industrial District to "B-1" Neighborhood Business District on Lots 3 and 4, Block 2, La Paloma Addition located on the northwest corner of Elgin Street and Morgan Avenue. Mr. Utter informed the Council that both the Planning Commission and the Planning Staff recommend approval and that of the 31 notices of the public hearing mailed to property owners, none in favor and one in opposition had been returned. Acting Mayor Pro Tem Gulley determined that no one in the audience desired to speak on this zoning application. A motion ws made by Council Member Zarsky that the hearing be closed, seconded by Council Member Dunphy and passed unanimously. Minutes Regular Council Meeting May 26, 1982 Page 11 A motion was made by Council Member Zarsky that the zoning of "B-1" be approved for Application No. 482-8, as recommended by the Planning Commission; seconded by Council Member Dumphy; and passed unanimously. Acting City Secretary Dorothy Zahn presented the zoning ordinances approved during the publ4cvhearings. She polled the Council for their votes and the following ordinances were approved: ORDINANCE N0. 17057: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF J. L. WATSON AND COMPANY BY GRANTING A SPECIAL COUNCIL PERMIT FOR DEVELOPMENT OF AN APARTMENT PROJECT ON 10.68 ACRES OUT OF LOTS 9 AND 10, SECTION 12, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACT, MORE PARTICULARLY DESCRIBED ON THE SITE PLAN ATTACHED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Gulley, Dunphy, Hawkins and Zarsky voting, "Aye"; Kennedy, out of the Council Chamber at the time the vote was taken; Jones and Turner, "absent". ORDINANCE N0. 17058: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF BEST WESTERN -SANDY SHORES BY GRANTING A SPECIAL COUNCIL PERMIT FOR EXPANSION OF THE PRESENT HOTEL USE ON LOTS 1,, 2, 3, 5, 6, 7, 8, 9, 10, 11 AND 12, BLOCK 8, BROOKLYN ADDITION MORE PARTICULARLY DESCRIBED ON THE SITE PLAN ATTACHED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Gulley, Dumphy, Hawkins and Zarsky voting, "Aye"; Kennedy, out of the Council Chamber at the time the vote was taken; Jones and Turner, "absent". ORDINANCE N0. 17059: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF TONNIE SMETHERS BY CHANGING THE ZONING MAP IN REFERENCE TO THE SOUTH ONE-HALF OF THE NORTHWEST ONE-FOURTH OF SECTION 409, A B & M SURVEY, ABSTRACT 555 NUECES COUNTY, TEXAS FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Gulley, Dunphy, Hawkins and Zarsky voting, "Aye"; Kennedy, out of the Council Chamber at the time the vote was taken; Jones and Turner, "absent". ORDINANCE N0. 17060: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF FRED SANCHEZ BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 3 AND 4, BLOCK 2, LA PALOMA ADDITION, FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "8-1" NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Gulley, Dumphy, Hawkins and Zarsky voting, "Aye"; Kennedy, out of the Council Chamber at the time the vote was taken; Jones and Turner, "absent". Minutes Regular Council Meeting May 26, 1982 Page 12 Acting Mayor Pro Tem Bob Gulley announced the public hearing on the following matter: Preliminary assessment roll for the improvement of Horne Road from Columbia Parkway to Old Brownsville Road in conjunction with the reconstruction of the road through the Urban Systems Program and the 1977 Bond Program. The preliminary roll totals $49,891.16 on 46 items and is based on the low bid on the project of $689,545 by South Texas Construction Company. Assistant City Attorney Jay Doegey stated that this hearing is required by State Law to present evidence and testimony to enable the City Council to make a decision in regard to the adoption of the assessment roll. He called as his first witness Mr. Gerald Smith, P. E., Acting Director of Engineering and Physical Development. Through questioning of the witness, Mr. Doegey ascertained that Mr. Smith has been in the Engineering Department of the City of Corpus Christi for approximately 22 years and verified that a copy of Mr. Smith's qualifications in resume form is on file in the Office of the City secretary. Mr. Smith referred to a site plan and explained the improvements planned stating that all of the north side of the project abuts the Corpus Christi Golf Center: the proposed pavement section of this project consists of a 56 -foot wide street which would provide two moving lanes and a continuous left turn lane; a sidewalk would only be constructed along the south side of Horne Road and that 2/3 of the street is residential property and the other is various commercial uses. He stated that this is a 1977 Bond project and is also included in a Federal Aid Urban Systems Program; the plans were prepared in the District Office of the State Highway Department; and the low bidder was South Texas Construction Company with a low bid price of $688,545. Mr. Smith stated that the assessment roll consists of 46 items in the value of $50,426.97. He also stated that the rates were figured according to the ordinance limitations, the maximum rate would be $19.50 per linear'foot for 6" curb, gutter and pavement; $1 per square foot for sidewalks; and $2.82 per square foot for driveways and since most of the residential properties front the project, the full $4.75 is being assessed. He explained that the assessments can be paid in several ways; they would not be due until after the work is completed; work should commence in approximately 40 days; and the contractor has 115 days to complete the project. minutes Regular Council Meeting May 26, 1982 Page 13 Mr. Smith further added that the Office of Engineering and Physical Development will be working very closely with the State Highway Department and should any of the owners require any changes, they should contact the Engineering Department and they will advise the State Highway Department. Mr. Doegey called as his next witness Mr. W. A. "Hill"' Holly. He questioned Mr. Holly and determined that he is a licensed real estate broker and that he has on file in the Office of the City Secretary a resume of his qualifications. Mr. Holly stated that he has appraised all types of property in the City of Corpus Christi and that he is thoroughly familiar with each and every parcel included in this project. He testified that he found only two (2) parcels of land that might be considered odd -shaped (Items 36 and 38); however, both of these lots had sufficient average width and depth to make all of their dimensions usable; therefore, he did not recommend a change in assessment for any of the properties involved. He testified that, in his opinion, all of the properties being assessed in this street improvement project will be enhanced in value by the improvements by at least the amount of the assess,emts. Acting Mayor Pro Tem Gulley called for comments from the audience. Mr. David Acuna, 1029 Horne Road, inquired if there would be any additional lighting installed. Mr. James K. Lantos, P.E., Assistant City Manager, replied that additional lighting is not a part of the project. Mr. Lontos stated that if any of the property owners in that area have a problem with a long block with inadequate lighting, the Traffic and Transit Department would conduct a survey, and if additional lighting is needed, the Engineering Department would make a request from CP&L. Mr. Jack Trice, Items #36 & #37, objected to the high assessment for his property and stated that one-half of the block, around 200', represents 10% of the cost of the entire project. Mr. Trice stated he felt 'that some of the lots are being charged for residential but are zoned commercial. Mr. Smith explained that the assessments on these properties are based on what the ordinance provides for., Mr. Lontos reminded the Council that about a year ago, the Staff had suggested increasing the rates on residential assessments to $6.75, since the State allows for much higher assessments. Minutes Regular Council Meeting May 26, 1982 Page 14 Mr. Trice stated that he is presently attempting to sell the property and expressed concern with difficulty in selling since this assessment will add $5,000 to the purchase property. Council Member Hawkins inquired about the possibility of downzoning in order to reduce the assessment. Mr. Lontos agreed that this could be possible if Mr. Trice wishes to file an application to change the zoning for the property in question. He suggested that the Council approve the assessment ordinance setting the rate and if and when the residential zoning is approved, the assessment could be adjusted. Acting Mayor Pro Tem Gulley agreed that the Council needs to approve the assessment ordinance and any adjustments can be made after rezoning has been approved. Mrs. Juan Rodriguez, 1534 llth Street, referred to item 39 and objected also to being charged such a large portion of the total assessment. She stated that this property has been replatted into three small lots; duplexes have been built on two of the lots; and she plans to have a small business on the corner lot'for which she does not mind paying the commercial assessment but does object to paying the higher assessment on the other two lots. Mr. Smith informed the Council that her property is zoned "B-1"; "R -1B and "R-2" and Mrs. Rodriguez could qualify for the lower rate of she agrees to downzone the B-1 property since duplexes can be located in "R-2" property. Council Member Dumphy,'suggested that Mrs. Rodriguez downzone her property so that her assessment rate could be decreased. No one else addressed the Council in regard to this assessment hearing. A motion was made by Council Member Dumphy that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. ********** Acting Mayor Pro Tem announced the public hearing on the following matter: Closing of West Elliff Street from Avenue C to Avenue B, Avenue B from West Elliff Street to West Buckhorn and the 20 foot wide alleys in Blocks 12 and 13, Calallen Townsite. The streets and alleys are not open on the ground. The staff agrees with the closure request subject to retaining a utility easement for Central Power and Light in a portion of the alley in Block 12, retainage of a drainage easement in a portion of the alley in Block 13 and Avenue B, dedication of a separate drainage easement from Avenue C to Leopard Street and replating of all of the applicant's property affected by the closure action. Minutes Regular Council Meeting May 26, 1982 Page 15 Mr. James K. Lontos, P.E., Assistant City Manager, displayed a transparency of West Elliff Street which is proposed to be closed. He stated that this is a developed tract of land; the applicant plans to develop a condominium; the City does require a drainage easement and the owner has agreed to dedicate same; and the Staff has no objections to the request. Acting Mayor Pro Tem Gulley ascertained that no one wished to speak in regard to this street closure. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Council Member Kennedy that the closing of West Elliff Street be approved; sseconded by Council Member Hawkins; and passed unanimously. ********** Acting Mayor Pro Tem Gulley announced the public heal'ing on the following: Hearing concerning the plat of Self Tract containing 1.33 acres of land located south of Graham Road between Waldron and Laguna Shores Road. The Planning Commission considered this plat on March 30, 1982 and denied it until compliance with one requirement is met, that being the 25' dedication along what is known as Humble Plant Road. The owner is appealing this 25' street dedication. Mr. Larry Wenger, Acting Director of the Planning Department, referred to a transparency, showed slides of the area and provided the Council with background information, stating that this was considered before the:Planning Commission on March 30, 1982; and that the plat was denied until compliance with one condition, that condition being the 25 -foot dedication along what is known as Humble Plant Road. Mr. Wenger' further explained that the requirement of the zoning hearing is to dedicate one-half the road to gain access to the roads that will be isolated without access if the street is closed. He mentioned that the road had been maintained by the County before annexation; the City now maintains the road; and there is a need to keep the toad for access to other pieces of property. Mr. Wenger also stated that the Exxon Company has no objection to the road being dedicated. Acting Mayor Pro Tem Gulley called for comments from the audience. ?chard J. Hatch, Attorney representing Mr. Self, stated he agreed with b�, .. that there i; a. need for access but the issue is whether it will be Minutes Regular Council Meeting May 26, 1982 Page 16 for a 20' or 25' dedication. Mr. Hatch expressed his client's objection to a 25' dedication stating that it is unreasonable to require that all of the property owners give 25' of their property for a 50' street. Mr. Hatch added that other property owners in the area shared Mr. Self's concern. Mr. Jesse Bond, 4136 Tarpon, objected to this being approved for a special permit stating that this is a residential area and he objected to the operation of a commercial business on the back of a residential road. Mr. Bond stated none of the property owners in the area has received a notice of the hearing. Acting Mayor Pro Tem Gulley explained to Mr. Bond that the only issue before the Council is whether or not Mr. Self should dedicate a 20' or 25' from his side of the property for right-of-way. Mr. Hatch spoke again pointing out to the Staff and Council a problem that will be created with the neighbors stating that if a 25' dedication is required by them they would have to require 25' from the other property owners. Mr. Hatch again agreed that there should be a road dedication and suggested that Only 20' for a 40' street would be satisfactory. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Kennedy. Council Member Kennedy inquired why the Staff was recommending the 25' dedication. Mr. Wenger replied that a 50' street is needed because of underground drainage, utilities, etc. He stated that this is a neighborhood street and all neighborhood streets are 50' wide, adding that the only 40' right-of-ways are in marginal streets. Council Member Zarsky inquired of Mr. Wenger if the Staff had worked out any master plan for this area, and Mr. Wenger replied that it is the Staff's opinion that this area will develop in the future, and if it does, the street is going to become more important. Council Member Kennedy noted that if 25' is dedicated and the road is moved, Mr. Self will actually gain the use of more of his land since the road is located at one portion almost totally on his property. Motion by Council Member Kennedy to accept the 20' dedication. The motion died for lack of a second. • Motion by Council Member Zarsky to deny the appeal for requirement of a 25' dedication; seconded by Council Member Hawkins. Minutes Regular Council Meeting May 26, 1982 Page 17 Mr. Zarsky commented that the Council needs to comply with the ordinance and and expressed the opinion that it would be unfair to make an exception. Acting Mayor Pro Tem Gulley pointed out that exceptions have been made before. He then called for the vote on the motion which failed to pass. Motion by Council Member Hawkins that a 20' dedication with a 5' easement be approved; seconded by Council Member Kennedy and passed by the following vote: Dunphy, Kennedy, Hawkins and Zarsky voting, "Aye", Gulley, voting, "No"; Jones and Turner, absent. ********** Acting Mayor Pro Tem Gulley called for a short recess at 4:45 p.m. ********** The meeting was reconvened at 4:55 p.m. ********* r Acting Mayor Pro Tem Gulley next announced the following pending item. Amendment to the to the Master Transportation Plan to provide for the extension of Mustang Trail from South Staples to Padre Island Drive. The hearing held on this amendment on May 5, 1982 was recessed until a further recommendation was received from the Planning Commission. The Planning Commission is meeting Tuesday, May 25, to consider alternatives for the extension of Mustang Trail. Acting Mayor Pro Tem Gulley stated that the Council had been presented with eight or nine options regarding the above and had briefly reviewed them during the morning Workshop Meeting and had. narrowed it down to two -- Alternate H, which is the Planning Commission's recommendation and Alternate I, the Staff's recommendation. Alternate "H" extends from South Staples to the Bevley Drive and Holmes Intersection down Holmes on the west side of Lena and Mt. Vernon Parks in a diagonaly direction across the southwest corner of Mt. Vernon Park to the Holmes -Mt. Vernon Drive Intersection Alternate "I" extends from South Staples to the east side of King Square Apartments and on the east side across Lenora and McArdle for a short distance and in a south western direction diagonally across the southeast corner of Mt. Vernon Park to the Mt. Vernon Drive and Holmes Intersection out to Padre Island Drive via Holmes Drive. Minutes Regular Council Meeting May 26, 1982 Page 18 Council Member Zarsky expressed his opinion stating that somebody would have to convince him that the Staff's recommendation is not a feasible one. Both Council Members Hawkins and Dumphy agreed with Mr. Zarsky. Acting Mayor Pro Tem Gulley stated he, personally, is leaning toward the Planning Commission's recommendation because it disrupts less property. Acting Mayor Pro Tem Gulley then called for comments from the audience. Mrs. Louise Moore, 5122 Mt. Vernon, objected to Plan "I" because it would eliminate her home. Mr. Findley Edmonds, representing Padre -Staples Mall, addressed the Council not only on Alternate "I" but also questioned whether there is really a need for the extension of Mustang Trail. Mr. Edmonds pointed out that the City Staff feels that the 60' of right-of-way is to divert traffic from one side of Padre Island Drive to the other side; there is an overpass that is in the Master Plan; there are no funds for it; and the traffic will have to go to Gardendale Subdivision; and that he feels that the idea has not been adequately studied. Mr. Edmonds proceeded to say that the developer of Padre -Staples Mall has been attempting for three years to expand the mall to serve the citizens with a new Dillards store and other shops. Mr. Edmonds further stated that plan "I" has been devised to eliminate having a four -lane street next to the Dillards Store, which they object to, and urged the Council's approval for the closing of the street so that they can proceed to have their plat approved. Mr. Cal Koontz, Dillards Department Store Manager, stated that they propose to move their store up in line with the mall and expressed concern in that they will lose 80 parking spaces if the Mustang Trail extension is approved. Mr. Koontze expressed the opinion that the proposed street is too close to their planned development. Council Member Zarsky inquired of Mr. Koontz if in his opinion, there is a way that this street could be altered so that it would be acceptable to Dillards. Mr. Koontz expressed the opinion that a distance of from 150' to 200' between the street and the Dillard Store would be adequate. Council Member Kennedy inquired of Mr. Lontos whether there was any question in the Staff's mind about the needs for that street. Mr. Lontos replied that the traffic count was made; explained that traffic has increased to capacity at the intersections of Everhart -Padre Island;= Minutes Regular Council Meeting May 26, 1982 Page 19 Staples -Padre Island, and Airline -Padre Island; stated that the Padre Island Drive overpass is included in the City's Transportation Plan; and that this proposal will tie on to that overpass and relieve traffic congestion. Council Member Hawkins commented that if the street is best for the City, the Council should consider the extension rather than considering the Dillards Store project. Council Member Zarsky inquired if Mustang Trail could be moved further west so that it would be further from the mall, and Mr. Lontos replied that he was of the opinion that it could not be moved much further west. Council Member Zarsky suggested that City Staff work further with Padre -Staples Mall owners to arrive at some kind of solution. Acting Mayor Pro Tem Gulley asked that a transparency on Alternate H be displayed. Mr. Joseph Hans, one of the owners of the Mall, pointed out that the Gardendale and Country Club would get a lot of traffic into the subdivisions; Lena Park is used as a soccer field and is not a neighborhood park; all of the right-of-way will be expensive; and urged Council's approval for Alternate "H". Mr. Bill Reif, who owns lots 2 and 3 on Staples Street, opposed Alternate "H" because it will eliminate his property and urged Council not to consider this plan. Mrs. Minnie 0. Cabaniss, Lot 14, Mt. Vernon, took exception to Mr. Hans' statement regarding Lena Park and stated that children are constantly all over the park and it is well utilized. Mr. Guy Watts, 4517 Staples, referred to the transparency and objected to Alternate "H", pointing out that it would divide the neighborhood park; this park is well utilized by children playing soccer; and it would present danger with the ball going into a collector street. Mr. Watts referred to Alternate I as opposed to Alternate H, pointing out the many residences that will be separated from the parks and will have a collector street in front of their houses. Mr. Watts summarized by agreeing that the problem is there but the main purpose is to provide better access to and from the Mall. Council Member Zarsky inquired about the park to the south of McArdle and Mr: Watts replied that it is being used for baseball, etc. Council Member Zarsky then asked of Mr. Watts' for his opinion on Alternate C & D on which the street will extend along'the east side of Lena Park, would Minutes Regular Council Meeting May 26, 1982 Page 20 appear to take about three pieces of property only, with the biggest detriment being that it would divide the south park. Mr. Watts pointed out that it was his .understanding that the Park Board planned to fully develop this park. City Manager Martin pointed out that the only decision that has to be made today is whether or not the mall will have to dedicate land. Mr. Roy Smith, one of the owners of Padre -Staples Mall, expressed the opinion that the City should follow the Master Plan. Mr. Bill Brown, representing Gulfway Shopping Center, expressed his opinion by stating that he does not think Alternate H separates the park from the • residences because a street is there. He objected to the curve on the street as shown on Alternate B because as the Dillards Store is expanded, the curve coming down McArdle Street will only add to the pandemonium that already exists. Mr. Brown stated he favored Alternate H. Mr. Virgil Hurst, 1114 Lenora, suggested that the extension not even be built. Council Member Kennedy inquired of the Mall representatives if the problem existed in the acreage on the tract or the distance and Mr. Hans replied that they needed all the land they could get in order to provide parking and the store could not be too close to a neighborhood. Mr. Ray Peterson, one of the owners of Gulfway Shopping Center, stated he objected to the extension going through Padre -Staples Mall but was in favor of Alternate H. Mr. Ennis Joslin, owner of property in the area, pointed out that it might be a long time before the street extension will even be built and urged that the Padre -Staples Mall be allowed to go ahead with their construction. Mr. W. N. Bevley, owner of 50% of the mall, urged the Council to allow them to plan the Dillards Store. He stated he favored Alternate D. Mr. Bob Westbrook, Representative for Charlie Thomas Courtesy Ford, agreed with Mr. Roy Smith, stating that he does not think there is a need for this street extension. Council Member Zarsky stated that in his opinion, Plans C or D would be the least damaging to all citizens concerned. Council Member Dunphy noted that the Council has been studying the Padre -Staples Mall for sometime and suggested that the Council allow them to go Minutes^ Regular Council Meeting May 26, 1982 Page 21 ahead with their expansion. Mr. Dumphy added that the design of the Mustang Trail extension can be worked on at a later date. City Manager Edward Martin agreed that if the Council would instruct the Staff to approve the mall plat, then the Staff ;can work out the Mustang Trail extension. Motion by Council Member Dumphy that no Padre -Staples Mall property be taken for the extension of Mustang Trail and to instruct the Staff to work out plans for the Mustang Trail extension in the future; seconded by Council Member Zarsky and passed unanimously. Mr. Guy Watts urged that the soccer fields not be eliminated and suggested that the Staff be instructed to work out another alternate site for the extension of Mustang Trail. ********** Acting Mayor Pro Tem Gulley called for comments from the audience on matters not listed on the agenda. There was no response. ********** There being no further business to come before the Council, on motion by Council Member Dumphy, seconded by Council Member Hawkins, and passed unanimously, the Regular Council Meeting of May 26, 1982 was adjourned at 6:38 p.m. I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of April 7, 1982, through April 28, 1982, inclusive, and having been previously approved by Council action, are by me hereby approved as itemized. April 7, 1982 - Regular Council Meeting April 14, 1982 - Regular Council Meeting April 21, 1982 - Regular Council Meeting April 28, 1982 - Regular Council Meeting