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HomeMy WebLinkAboutMinutes City Council - 01/25/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 25, 1984 2:00 P.M. Present: Mayor Pro Tem Betty N. Turner Council Members: David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik Absent: Mayor Luther Jones City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem Betty N. Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Joe McComb, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Mary Pat Slavik. 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 Frank Mendez that the minutes of the Regular Council Meeting of January 18, 1984 be approved as presented; seconded by Council Member Slavik; and passed unanimously. * * * * * * * * * * A motion was made by Council Member Frank Mendez that the appointment to the City Council of Mr. Welder Brown be confirmed to fill the vacancy created by the resignation of Council Member Herbert Hawkins; seconded by Council Member McComb; and passed unanimously by those present and voting. Mayor Pro Tem Turner commented that the vote was unanimous to approve the appointment of Mr. Brown. She provided background information on the new Council Member, mentioning his many accomplishments and civic involvement. Mayor Pro Tem Turner then administered the oath to Mr. Brown and recognized his wife Mrs. Maye Brown from the audience. MICROFILMED nutes _.egular Council Meeting January 25, 1984 Page 2 Mrs. Brown expressed appreciation to all who had helped Mr. Brown and offered her services and assistance. She then introduced their daughter. Council Member Brown expressed his appreciation and stated that it is an honor and a privilege to serve the remainder of Mr. Hawkins' term and thanked the City Council for providing him that opportunity. He also expressed appreciation to the people who had supported him and then introduced several friends who were present in the audience. Council Member Berlanga noted that Mr. Hawkins was present in the audience and commended him for his work on the City Council and the other civic services in which he has been involved. * * * * * * * * * * Mayor Pro Tem Turner referred to the resolution discussed during the morning Workshop meeting pertaining to declaring Corpus Christi a disaster area. A motion was made by Council Member Charles Kennedy that the resolution be adopted, seconded by Council Member Berlanga and passed unanimously. Council Member Kennedy then read the resolution in its entirety. City Secretary Read polled the Council for their vote on the resolution and it passed as follows: RESOLUTION NO. 18051 REQUESTING THAT THE CITY OF CORPUS CHRISTI BE DECLARED A DISASTER AREA DUE TO THE SEVERE WEATHER EXPERIENCED IN DECEMBER, 1983; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye"; Jones absent. * * * * * * * * * * Mayor Jones called for consideration of the Consent Motions 1 through 7. 1. Bids be received February 28, 1984 for two portable air compressors for the Water and Wastewater Divisions to power air tools. The compressors are included in the 1983-84 Budget and will replace units which are over ten years old. 2. Bids be received February 28, 1984 for a twelve months supply agreement for fire fighting clothing with option to extend for an additional twelve months at the same terms and conditions, subject to the supplier and the City Manager, or his designee. 3. A twelve months supply agreement, with option to extend for an additional twelve months, subject to the approval of the City Manager, or his designee, for approximately 704,000 gallons of #2 diesel fuel, be approved nutes agular Council Meeting January 25, 1984 Page 3 for Texas Star Service, Inc., on the basis of low bid for the estimated annual expenditure of $594,642.40. Twelve bid invitations were issued and four bids were received. Price comparison shows a decrease of 13% from last year's contract. 4. Twelve months agreement, with option to extend for an additional twelve months, subject of the approval of the supplier and the City Manager, or his designee, for custodial service for various City departments be approved as follows, based on low bid. Thirty bid invitations were issued and five bids were received. Facilities to be served are Tax, Finance, Data Processing, Health -Veterinary, Land Acquisition, Flour Bluff Clinic/Library/Utility Offices and Water Division. Prices have increased 9% since last year's contracts. a. Corpus Christi Janitorial Service b. Adams Janitorial Service All facilities except Finance 1 Finance Total Annual: $13,608.00 Total annual: $ 6,048.00 GRAND TOTAL: $19,656.00 5. Twenty-eight pick up trucks and vans for various City divisions be purchased as follows based on low bids and the additional offer from Creveling Motor Company be accepted to allow the City to acquire additional pick ups and vans at the same base unit price as needed through April, 1984. Fourteen bid invitations were issued and three bids were received. Price comparison shows an increase of 6% since the last purchase in March, 1983. a. Creveling Motor Company One compact pickup, 15-1 ton and 7 3/4 ton pickups and one van Total: $192,194.50 b. Courtesy Ford Two 12 ton pickups and two vans Total: $36,902.50 GRAND TOTAL: $229,097.00 The vehicles are included in the 1983-84 Budget. 6. Purchase of tools and equipment, including items such as parts washers, repair stands, transmission jacks, air wrenches, drill press, master pin installer, and numerous related items for the outfitting of the Maintenance Services Heavy Equipment Building be approved from Sheinberg Tool Company, for the total amount of $18,629.61. 7. Authorizing the City Manager or his designee to execute a contract with the Gulf Coast Council of La Raza for the construction of a runaway shelter contingent upon final approval from HUD. The $200,000 needed for the nutes _,egular Council Meeting January 25, 1984 Page 4 project was appropriated from the 9th Year Community Development Block Grant Program on October 5, 1983. The Council has secured an option on a tract of land on the west side of Omaha north of Leopard Street for the shelter. Council Member McComb suggested that action on item 7 be tabled until approval has been obtained from HUD. He stated that he would prefer to consider this after the City has received approval in writing. Assistant City Manager Tom Utter stated that the Planning Department had received a telephone call indicating confirmation of HUD approval. He stated that they informed his staff that they will send a letter of approval and it should arrive early next week. He explained that La Raza is in danger of losing their option on the land and this item is contingent upon HUD approval. Council Member Slavik agreed with Council Member McComb that approval of the item should be delayed until the letter has been received. Council Member Guerrero expressed the opinion that it should be approved contingent upon receipt of the letter from HUD. Council Member Kennedy inquired if the money will be retained until written approval from HUD has been received, and Mr. Utter stated that there is a stipulation that the contract not be executed until this letter has been received. City Manager Martin stated that he is the one who will sign the contract and he will not sign the contract until the letter has been received. He pointed out that if this item is approved today and the letter is received before next Wednesday, he could have the authority to go ahead. He pointed out that the only advantage to having this item on the agenda today is in the event the letter is received prior to the next Wednesday. 8. A public hearing be held February 22, 1984, in the Council Chambers relative to the closure of Blucher Street from Carrizo Street to Tancahua Street. The new library is proposed to be constructed in this portion of Blucher Street with considerable utility relocation work being necessary to accommodate this building. 9. A revocable easement be granted to Gulf Oil Products Company for a private sanitary sewer force main along Airline Road between McArdle Road and South Padre Island Drive. The line will provide sewer service to the service station site at the northwest corner of South Padre Island Drive and Airline Road which does not have City sewer service. A fee of $1,100 is recommended. 10. Bids be received on the dates indicated for construction of the following improvements at the Convention Center: nutes .agular Council Meeting January 25, 1984 Page 5 Project Bid Date a. Additional signs and lobby improvements February 29, 1984 b. Moveable partition to divide the Exhibit Hall. February 29, 1984 c. Additional acoustical insulation in the Exhibit Hall. March 14, 1984 11. The agreement with the Convention Center architects, SHWC, Inc. be amended to add the preparation of plans and specifications for Convention Center signage and lobby improvements, Exhibit Hall moveable partition, Auditorium stair modifications, fountain and base for installation of brown pelican sculpture, and other services. Mayor Pro Tem Turner referred to item 10 and noted that bids will be received on electric signs and inquired if that was necessary. She stated that she was of the opinion that this type of sign would look very commercial and would not be appropriate at the Convention Center. City Manager Martin stated that the signage is inside and outside the Convention Center and that they had tried the electric sign to see the reaction and he felt that they were appropriate. Mr. Hennings explained the locations of the planned electric signs and stated that it will assist people in identifying the area they wish to find at the Convention Center. Mayor Pro Tem Turner then referred to the elevator study and asked about the cost. Mr. Hennings stated that a proposal was before the Council to install items to improve the elevators; it was discussed some time ago; and it was determined that it was too expensive. He stated that it would be very expensive and very difficult to add elevators because they were not in the original design and the space is very limited and would create congestion at the elevators. He stated that there is a recommendation that the City install some bronze lights to define the way from the parking lot to the proper lobby, because patrons encounter a problem in finding the location that they need. Mayor Pro Tem Turner then referred to the moveable partition to divide the Exhibit Hall and Mr. Hennings explained that the study suggested that a moveable wall should be installed so that two events may occur at the same time. Council Member McComb stated that he has a problem spending a quarter of a million dollars for a moveable partition because he felt that a curtain would serve the same purpose at a lesser cost. Mr. Hennings stated that requests had been received from small exhibitors for this and he felt that there were three good reasons for installing the moving partition: 1) There could be some energy savings effected; 2) the asthetics of it would be improved, and 3) the noise solution would be possible nutes negular Council Meeting January 25, 1984 Page 6 with a good divider wall. He explained that some exhibitors would like to have their exhibits on one side with a social function being conducted on the other side. Council Member Kennedy inquired if Mr. Hennings felt that these problems have prevented some conventions from selecting Corpus Christi as their site, and Mr. Hennings stated that he felt that was there. He stated that he felt that this expense would pay for itself in the future because two smaller events could be conducted at the same time. Council Member Slavik inquired as to when this Council had voted on these improvements, referring to the language translation center, additional meeting rooms, the water garden and the parking garage. Mr. Hennings explained that the Council has not acted on the translation and meeting rooms, but the water garden and the parking garage were approved in concept. City Manager Martin assured the Council that all of these things will take further Council action. Council Member Slavik then referred to item 8 and inquired about the time of the Blucher Street closing hearing, and Mr. Martin replied that it would be about 3:00 p.m., but the Council could establish a different time if they preferred. the the too Council Member Guerrero expressed concern about the additional items for Convention Center and reminded the Council that during the presentation by Tourist and Convention Bureau, they indicated that this Convention Center is small as it is, yet the City is planning additions to it. Mr. Hennings explained that during that presentation, major conventions, but as far as the present market is needs facilities for small regional or state meetings. Council Member Kennedy inquired if the City had any from Mr. Zion since the Council tentatively approved his Convention Center area. they were speaking of concerned, this City further communication revised plan for the Mr. Hennings explained that the staff has been talking with Mr. Wisznia, who is working with Mr. Zion, but they have not actually met with Mr. Zion. City Manager Martin informed the Council that the City has presented a draft plan and the next step is that the City needs to enter into a contract and actually receive some designs for what is actually planned. He noted that the improvements will be on the west side of the Convention Center. He also pointed out that this item is just to go out for bids. Mayor Pro Tem Turner referred to item (c) of item 10 and stated that she was very much in favor of this improvement because the acoustics are very bad in the exhibit hall. She inquired as to who was used to determine what improvements should be made to correct the acoustics and was informed that Boner and Associates, Sound Consultants, which is one of the best firms in the nation, lutes ..egular Council Meeting January 25, 1984 Page 7 prepared the study on the acoustics and they recommend acoustical insulation. Mr. Hennings further explained that the second phase is to provide insulation on the wall areas on the structural beams and on the duct work. Council Member Guerrero inquired if the City had contacted Bob Conwell on any of these items, and Mr. Hennings replied in the affirmative on all of the items and informed the Council that the Tourist Bureau concurs with the recommended improvements. Council Member McComb mentioned the palm trees that were frozen and inquired about the source of the funds for replacement. City Manager Martin stated that some of these will be City cost and the City's share would have to come from the use of bond funds. Council Member Berlanga inquired if in the event the government declares this area a disaster area, some of the funds might be available to replace those palm trees. Mr. Martin stated that they would not, that all that action would assure is to make it possible for businesses and individuals to obtain SBA low interest loans. There were no comments from the audience on the foregoing items. A motion was made by Council Member Slavik that the Consent Motions, items 1 through 11, be approved; seconded by Council Member Mendez and passed by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez and Slavik voting "aye" on all of the items; McComb voting "aye" on all of the items with the exception of item 11 on which he voted "no"; Jones absent. * * * * * * * * * * Reference was made to the resolution previously passed by the Council urging that the Governor declare this area as a disaster area due to the damage suffered from the freeze in December and it was noted that the Governor has already done so and the resolution has been changed to request that the Small Business Administration take that action. A motion was made by Council Member Mendez that SBA declare Corpus Christi a disaster area; seconded by Council Member Guerrero; and passed unanimously. * * * * * * * * * * * Mayor Pro Tem Turner called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 12 through 26. Council Member Slavik referred to Ordinance 20 which authorizes the acquisition of a parcel of land at the northwest intersection of Caribbean Drive and Flour Bluff Drive and expressed concern about the price of $353,816. She pointed out that that is over $15,000 per acre without the mineral rights. Mr. Martin pointed out that that is only .35 per square foot and the staff feels that it is a reasonable price. nutes Regular Council Meeting January 25, 1984 Page 8 City Manager Martin referred to item 21 and stated there was a need to change the name of the owners in both of these items. He assured the Council that the ordinances had been corrected. Assistant City Manager Lontos referred to Ordinance 21 which authorizes an agreement for City participation in oversizing the lift station and force main and wet well structure at Breckenridge Unit VI Subdivision. He located the three subdivisions involved and stated that they are in the process of being developed right now. He stated that there are no sanitary sewer facilities and the master plan recommends the establishment of a lift station to serve those areas and the property around it. He stated that this lift station could serve Nottarb Place as well, which has been located there for a number of years and was recently annexed. He stated that the participation proposed involves both the City and the developer and the lift station is being oversized to take care of several areas. He listed the following costs for the City participation on the following items: 1) City share of lift station oversizing - $32,322.32; 2) Force main oversize cost (8" to 12" diameter) - $70,267.50; 3) Wet well oversizing cost - $11,500; for a subtotal of $114,089.82 plus 7.5% for engineering at a cost of $8,556.73 with the total City participation to be $122,646.55. Council Member McComb referred to item 18 which establishes the date of February 29, 1984 at 7:00 p.m. for the preliminary assessment roll for the Main Drive Street and Drainage Improvements Project and inquired if this could be set for an earlier date since the neighborhood meetings are on Tuesday. Mr. Gerald Smith, City Engineer, and Mr. Marion Brown, Paving Coordinator, explained the legal requirements for publication and stated that the earliest that it could be held would be on February 22 and item 16 recommends an assessment hearing for the Cole Street Improvements on that same date. City Manager Martin suggested that the engineering staff determine if Tuloso-Midway Junior High School would be available on February 22, and if so, the date could be changed. Council Member McComb stated that he had received two letters in regard to the aroma at the lift station at Everhart and asked the staff to respond. Assistant City Manager Lontos explained that there are two gravity lines going into the lift station at that location and the staff is attempting to change the operation to try to eliminate the odors. There were no comments from the audience on the ordinances; City Secretary Read polled the Council for their votes and the following ordinances passed: 12. ORDINANCE NO. 18052 APPROPRIATING $160,000 FROM THE CONVENTION CENTER BOND FUND FOR PLAZA AND LOBBY FURNITURE, 500 ADDITIONAL UPHOLSTERED CHAIRS, ADDITIONAL BRICK PAVERS FOR THE PLAZA, AND ARCHITECTURAL SERVICES; AND DECLARING AN EMERGENCY. lutes agular Council Meeting January 25, 1984 Page 9 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye"; Jones "absent". 13. ORDINANCE NO. 18053 AUTHORIZING THE EXECUTION OF A CONTRACT WITH MAVERICK CONSTRUCTION COMPANY FOR THE DALRAIDA, HOLLYWOOD, SHERMAN AND MOKRY STREET IMPROVEMENTS PROJECT; APPROPRIATING $400,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye"; Jones "absent". 14. ORDINANCE NO. 18054 CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Dalraida, Hollywood Terrace and Sherman Street Improvements and Mokry Drive Sidewalks a. Dalraida Street, from Carroll Lane to Dakin Place b. Hollywood Terrace, from Gollihar Road to Horne Road c. Sherman Street, from Prescott Street to Vestal Street d. Mokry Drive (sidewalks only), from McArdle Road to South Padre Island Drive. FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye"; Jones "absent". 15. ORDINANCE NO. 18047 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Cole Street, from Ocean Drive to Santa Fe Street; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye"; Jones "absent". nutes sgular Council Meeting January 25, 1984 Page 10 16. ORDINANCE NO. 18048: APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: Cole Street, from Ocean Drive to Santa Fe Street; DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL FOR FEBRUARY 22, 1984 AT 3:00 P.M., IN THE CITY COUNCIL CHAMBERS AT CITY HALL, 302 SOUTH SHORELINE BOULEVARD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye"; Jones "absent". 17. ORDINANCE NO. 18049 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Main Drive from Sedwick Road to Leopard Street. AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye"; Jones "absent". 18. ORDINANCE N0. 18050 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: Main Drive from Sedwick Road to Leopard Street. DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL FOR FEBRUARY 22, 1984 AT 7:00 P.M., IN THE TULOSO-MIDWAY JUNIOR SCHOOL CAFETERIA, 1925 TULOSO ROAD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye"; Jones "absent". 19. ORDINANCE NO. 18055 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 16 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $32,664; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye"; Jones "absent". nutes agular Council Meeting January 25, 1984 Page 11 20. ORDINANCE NO. 18056 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 53 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $356,084; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye"; Jones "absent". 21. ORDINANCE NO. 18057 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH E.H. MOORE, J. R. EWING, JACKSON S. RYAN, AND W. E. GARRETT, PROVIDING FOR CITY SHARE OF THE OVERSIZE COSTS FOR THE LIFT STATION, FORCE MAIN AND WET WELL STRUCTURE IMPROVEMENTS COINCIDENTAL WITH DEVELOPMENT OF BRECKENRIDGE UNIT 6 SUBDIVISION; APPROPRIATING $122,646.55; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye"; Jones "absent". 22. ORDINANCE NO. 18058 AUTHORIZING THE REIMBURSEMENT OF $9,277.73 TO BRYAN TUCKER, FOR THE INSTALLATION OF A WATER GRID MAIN IN CRESTMONT UNIT VII SUBDIVISION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye"; Jones "absent". 23. ORDINANCE NO. 18059 CLOSING AND ABANDONING A 0.15 FOOT WIDE BY 100.32 FOOT LONG PORTION OF THE 5 FOOT WIDE UTILITY EASEMENT IN LOT 5, BLOCK 101, HUNTERS POINT UNIT 1 SUBDIVISION, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye"; Jones "absent". 24. SECOND READING AUTHORIZING A LEASE AGREEMENT WITH THE IRISH CULTURAL HOUSE, INC., FOR THE LEASING OF THE PREMISES OF THE McCAMPBELL HOUSE FOR THE RESTORATION AND USE OF THE PREMISES. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye"; Jones "absent". nutes 3gular Council Meeting January 25, 1984 Page 12 25. SECOND READING AMENDING THE CITY OF CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER 6, "ANIMAL CONTROL" TO DEFINE "PROVOCATION" AS IT RELATES TO THE DEFINITION OF "VICIOUS ANIMAL"; TO ESTABLISH AN ADMINISTRATIVE PROCEDURE FOR VIOLATIONS OF ANIMAL CONTROL LAWS; AND TO PROVIDE FOR THE ESTABLISHMENT OF REGULATIONS BY THE CITY HEALTH OFFICER FOR INTERPRETATION AND ENFORCEMENT OF THIS CHAPTER. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye"; Jones "absent". 26. SECOND READING AUTHORIZING AN AMENDMENT TO THE FIVE-YEAR LEASE AGREEMENT WITH RUBEN V. LARA FOR CONCESSION RIGHTS FOR THE L -HEAD BAIT STAND WHICH WILL ALLOW THE LESSEE TO SELL CERTAIN ADDITIONAL ITEMS AND MODIFY THE MINIMUM HOURS OF OPERATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting "aye"; Jones "absent". * * * * * * * * * * Mayor Pro Tem Turner suggested that item 27, which is an action by motion from the Regular Agenda be delayed since it was past the time for the scheduled public hearings. * * * * * * * * * * Mayor Pro Tem Turner announced the assessment hearing on the following street improvement project: 28. Bowie-Crockett-Larcade Street Improvements project providing for assessments of $68,704.89 for 54 items on the roll. Assistant City Manager Lontos explained that this involves a bond project and the improvements are supported by a majority of the neighborhood. City Attorney J. Bruce Aycock called as his first witness Mr. Gerald Smith, questioned him as to his qualifications and verified that a resume is on file in the City offices. Mr. Smith testified that he is familiar with this project. He displayed a transparency of the following streets which are included in the project: 1) Bowie Street, from Sokol Drive to deadend; 2) Crockett Street, from Sokol Drive to deadend; 3) Larcade Drive, from South Padre Island Drive southwesterly 487 linear feet to the existing improvements in Ventura Plaza Subdivision. He stated that the plan is to reconstruct the three streets in the south portion of the City; it is a 1982 voluntary paving project; and petitions were submitted requesting reconstruction of the three streets. lutes .,egular Council Meeting January 25, 1984 Page 13 Mr. Smith explained that the existing streets are 18 feet wide and the new plan is to construct 28 foot wide streets with curb, gutters and sidewalks and each property owner would have a reinforced concrete driveway. He stated that storm sewers would be improved as well. Mr. Smith explained that bids on this project were received on December 1, 1983 with the low bid in the amount of $195,571.50 submitted by Maverick Construction Company. He informed the Council that the contractor would have 85 working days to complete the project. Mr. Smith then referred to the assessment roll and stated that it was prepared in accordance with the existing assessment ordinance; 54 property owners are included in the project; all of them are residential except for two owners; and the assessments for the residential property will be as follows: curb gutter and pavement $9.75 per linear foot; sidewalk $1.00 per square foot; driveways $3.56 per square foot. He stated that the total assessment roll is $68,893.57. Mr. Smith assured the Council that all of the property owners were notified of this public hearing and the amount of their assessments. He also stated that the staff had conducted a meeting two months ago to explain the policy to the property owners and took another poll of the property owners to ascertain if they still wanted the improvements, and the property owners were very much in favor of the improvements. Mr. Smith explained that the assessment payments are not due until after completion of the project, at which time they may be paid in cash or paid in installments over a five year period at an interest rate of 8%, or in case of hardship, that period of time may be extended to 10 years. He stated that work has not begun yet and the contract has not been awarded until the completion of this assessment hearing. Mr. Aycock called as his next witness Mr. George N. Paraskevas, real estate appraiser and broker. He then questioned Mr. Paraskevas as to his qualifi- cations and verified that he does have on file with the City his qualifications in resume form. Mr. Paraskevas testified that he had inspected each and every piece of property included in this project and stated that in his opinion each and every piece of property would be enhanced at least in the amount of the assessments. He stated that there are no irregularly shaped lots. Mayor Pro Tem Turner stated that this is a voluntary paving project and more than 50% of the people residing on each street have indicated that they are in favor of the improvements. She called on Mrs. Bertha Gonzales, a resident of Bowie Street, who had been instrumental in initiating the petition for the project. Mrs. Gonzales addressed the Council and stated that the purpose of the petition was to improve the drainage and the streets. She stated that there were some who were opposed to the improvements, because there are some retired residents on the street, but more than 50% of the property owners are in favor of the improvements. autes _.egular Council Meeting January 25, 1984 Page 14 Mayor Pro Tem Turner mentioned two other property owners who were instrumental in getting the petition signed for improvements to Crockett and Larcade Streets. Mayor Pro Tem Turner invited those in the audience to speak in regard to the assessments. Mrs. Walter Sheelar, 5438 Bowie, questioned the percentages on the petitions because she and several other retired residents do not want sidewalks. Mr. Smith informed the Council that he had made a presentation at the Lexington Elementary School at which time he explained the project. He stated that several residents of Bowie Street indicated then that they were not in favor of the sidewalks. Mrs. Sheelar stated that eleven property owners did not want the sidewalks. Council Member Berlanga inquired if it is not the City's policy that they generally abide by the desires of a majority of the residents on a street as to whether or not sidewalks should be installed. Mr. Lontos stated that it has been the Council's policy to install sidewalks on residential streets and he did not recall any projects over the past 17 years in which sidewalks were eliminated. He stated that Councils in the past have felt that sidewalks are essential on residential streets. Mrs. Sheelar again stated that one resident lives on social security and would not be able to pay the assessments. Mr. Smith explained that the City will not force payment of the assessments, but a lien will be placed against the property, and when it is sold, that assessment will be paid to the City. Mr. Lontos reiterated that payments can be extended over a 10 year period, and Mr. Smith assured Mrs. Sheelar that this can be worked out on an individual basis. Mrs. Sheelar stated that she does not object to the payments but she objects to the sidewalks because children would constantly play on the sidewalks in front of her's and other retired property owners' houses. Council Member Guerrero pointed out that there is a need to upgrade and improve the standards for all citizens in this City and the improvements in this particular neighborhood may not be appreciated now, but they will be in the future. Mr. Marion Brown, Paving Coordinator, stated that he has letters which he received from nine individual property owners on Bowie Street indicating that they are in favor of the project. lutes :gular Council Meeting January 25, 1984 Page 15 Mr. Benny Benavides, 2421 Cleo, referred to the assessments and inquired if it is not true that money is being transferred from one part of town to another part of town for the use of CD funds. He expressed the opinion that money is available for this area of the City. Council Member Mendez stated that this area is not eligible for Community Development and Block Grant Funds. He agreed with Mr. Benavides that there is a different policy for CD areas. Mr. Frank C. Sacky, 3418 Brawner, stated that he owns rental property on Crockett and objected to payment of paving assessments. Mrs. Bertha Gonzales spoke again in answer to Mrs. Sheelar's remarks and stated that she did not approach Mrs. Sheelar because she knew that she was very much opposed to the street improvements. She agreed that there are a lot of people on fixed incomes and on social security and she had started the petition and approached everyone on Bowie Street in September of 1983 to obtain their opinion, particularly about the drainage improvements, and she had received a good response. She stated that she personally would not benefit from the improvements because of the location of her house, but she still feels very strongly that the improvements should be made. No one else spoke in regard to the assessments. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Mendez. Mr. Lontos stated that there was a question raised about trees and explained that it has been the policy of the City Engineering Department in the past to work with the property owner to move the sidewalk, if possible, in order to save the trees. He assured the residents that they will make every attempt to save as many trees as possible. Council Member Brown noted that the sidewalks will increase the value of the property. He related an incident that had occurred in his neighborhood and stated that five years after the improvements had been made, all of the residents were very pleased with the sidewalk and street improvements because they created an incentive for the property owners to further beautify their yards and improve their individual pieces of property. The motion to close the hearing passed unanimously. * * * * * * * * * * Mayor Pro Tem Turner announced the public hearings on two zoning applications. 29. Application No. C184-1, City of Corpus Christi: for a change of zoning from "AB" Professional Office District with "SP" Special Permit and "A-1" Apartment House District with "SP" Special Permit to "B-1" Neighborhood Business District on Lots 6 through 22, Block 6, Del Mar Subdivision, located south of Ayers Street, between 2nd and 3rd Streets. nutes .agular Council Meeting January 25, 1984 Page 16 Assistant City Manager Tom Utter stated that this request was initiated by the City of Corpus Christi on behalf of Spohn Hospital who had requested that their special permit for a parking garage be rescinded and this seemed the best vehicle to do that. He stated that one letter in favor had been returned and 29 in opposition, and both the Planning Commission and Planning Staff recommend that it be denied. Mr. Utter further explained that this permit was granted for the Spohn Hospital parking garage operation; Spohn Hospital requested that the building permit and the special zoning permit be rescinded; the Building Division could void the building permit, but the Planning Department cannot void a zoning change. He stated that the staff had met with Spohn Hospital representatives and with Del Mar Association representatives and everyone agrees that the original zoning that existed at the time the request was made for the special use permit for a parking garage should be reinstated. He explained that in addition to that, there were two lots for open space parking and since the special permit will be negated, Spohn will not use those two lots. He stated that the staff recommends approval of this denial for the parking garage. He explained that those two lots mentioned could be used for offices, but they will not be used for parking. He summarized by stating that Spohn Hospital just wants to go back to the zoning that was in existence before the zoning request some time ago. He assured the Council that this is acceptable both to Spohn Hospital and Del Mar Association. Council Member McComb expressed concern about not using the two lots for parking and asked if someone from Spohn Hospital could address this issue. Sister Kathleen Coughlin, President of Spohn Hospital, confirmed that the hospital is asking for the special permit to be voided. She stated that the lots in question were paved by the hospital and it is their understanding that it would be illegal for them to park the 44 cars that the lots will accommodate if the special permit is rescinded. She assured the Council that the hospital acted in good faith in paving those two lots and it is their intention to come back to the Council with a zoning application to have those two lots again zoned for parking. Mr. Utter addressed the issue again and stated that the direct answer to that question is that he personally had meetings with Spohn Hospital officials and representatives of the Del Mar Association, and this particular recommendation was brought forward with the understanding that this was agreeable to all parties. He stated that that will not prohibit anyone from coming in to request a change of zoning for parking. He stated that at this point in time, the staff would not recommend any change in the special permit to allow parking on those two lots because the agreement has been worked out; the staff has dealt in good faith with all parties and none of them have indicated that there should be any parking on those lots. He reiterated that this is the City's zoning application, and if the agreement falls apart the City could drop this application. Council Member McComb asked if the neighbors actually did not want parking on those two lots and preferred that the cars be parked on the street. He asked for further explanation. lutes _gular Council Meeting January 25, 1984 Page 17 Mr. Utter again explained that Spohn Hospital approached the staff to cancel the special permit; the staff cannot cancel a special permit on zoning and when that situation occurred, the City staff met with Pel Mar representatives and asked if they would concur with the plan to cancel the special permit. He stated again that one of the conditions of the special permit was that Spohn Hospital would not encroach further in the Del Mar neighborhood and they agreed with the 25 year provision for the limitation on encroachment. He explained that Spohn Hospital did not agree to the 25 year provision and there is a question as to whether the special permit can be changed. He explained further that the City paid for and brought this application forward to stop the controversy on the garage parking lot site. He pointed out that the City has been sued by a resident in that area and this cancellation of that special permit would make that lawsuit moot. Mr. Jack Cooper, President of the Del Mar Neighborhood Association, provided background information about the original zoning case. He stated that according to the history of Del Mar and Spohn Hospital, their relationship has always been cordial up until that time. He stated that Spohn Hospital obtained a variance for parking and the purpose of that offsite parking was to allow Spohn to build their radiation wing and the City required offsite parking. He explained another variance that had been obtained on Third Street and informed the Council that at that time there was a "gentleman's agreement" that Spohn Hospital would take care of the property adjacent to the Del Mar Subdivision, but Spohn wanted a parking garage and that is when the difficulties began. He referred to the 25 year moratorium on encroachment into the Del Mar neighborhood which was worked out during the previous zoning case by Council Members Kennedy and Hawkins. He stated that at the time, Spohn Hospital refused to go along with the 25 year moratorium; and Del Mar did not want further encroachment into the neighborhood; and that is why they objected to the special permit for the parking garage. He stated that at this time they are planning a parking garage on the north side of the hospital and that should provide enough parking for employees for many years, particularly since they are planning another hospital to be located on the southside of the City. No one spoke in regard to this zoning application. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance voiding the special permit for the parking garage and it passed as follows: ORDINANCE NO. 18060 REPEALING ORDINANCE NO. 17366 APPROVED BY THE CITY COUNCIL ON THE 17TH DAY OF NOVEMBER, 1982, WHICH GRANTED A SPECIAL COUNCIL PERMIT FOR A PARKING GARAGE ON LOTS 6 THROUGH 22, BLOCK 6, DEL MAR SUBDIVISION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Turner, no vote; Jones, absent. * * * * * * * * * * lutes .gular Council Meeting January 25, 1984 Page 18 30, Application No. 184-5, Omni Interests, Inc.: for a change of zoning from "R -1B" One -family Dwelling District to "5-4" General Business District on a parcel of land being 148.98± acres out of Lots 5 and 6, Section 4, Bohemian Colony Lands, located north of Holly Road and east of Greenwood Drive. Assistant City Manager Utter stated that in response to the notices of the public hearing, seven in favor and none in opposition had been returned and that both the Planning Commission and Planning Staff recommend approval. No one appeared in opposition to this application. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. City Secretary Read polled the Council for their votes and the following ordinance was passed: ORDINANCE 18061 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF OMNI INTERESTS, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 6, SECTION 4, AND A PORTION OF LOT 5, SECTION 4, BOHEMIAN COLONY LANDS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Berlanga absent at the time the vote was taken; Jones absent. * * * * * * * * * * Mayor Pro Tem Turner called for action by motion on the following item from the Regular Agenda: 27. The Planning Commission be advised that (1) future land dedications for park use resulting out of subdivisions abutting Oso Bay and the Oso Creek should be accepted only if the land dedicated is suitable for recreational uses and is located in such manner that it will compliment other City efforts to develop the recreational potential of the Oso Creek; (2) that land owners adjacent to the Oso should be encouraged to donate to the City (in addition to such dedications) any land not suitable for development so that such lands can be incorporated as open space in the future development of the Oso and (3) that the appropriate City ordinances be reviewed and the necessary amendments proposed to insure the availability of the Oso Creekway as a future park and open space facility. City Manager Martin suggested that the following addition be made to this motion: "and that the Commission be requested to pursue the preparation of a plan for development of the Oso including the recommendation for the allocation of the necessary funds as may be appropriate." Council Member Guerrero inquired if the plan could include a cost analysis, and City Manager Martin replied that it could and should address the City cost utes ,gular Council Meeting January 25, 1984 Page 19 at least. He stated that the portion of the item to be considered is the greenbelt and maintenance as well as acquisition, and one of the issues to be addressed is if the land between the parkway and the Oso should be acquired. Deputy City Manager Ernest Briones provided a further explanation by stating that part of the land donated to the City abuts the proposed street and when the street is constructed, the City would have to act as a property owner and pay one-half of the cost of construction of the street. Council Member Slavik referred to the COG Committee which was preparing plans for this area and inquired as to why they did not move forward with the plan on land use, finance and implementation. Mr. Briones explained the resources they had planned on using disappeared, noting that it was federal funding. He assured the Council that the information previously prepared would be available to the City staff. Council Member Mendez commented that the City is considering acquiring 80 feet on both sides of the Oso, and while he did not object to acquiring that for park use, he did question the expense of a scenic drive around the Oso because of the large expense for maintenance and construction. Mr. Briones noted that it was his opinion that most of the land would remain in its natural state rather than developing it for people uses. Council Member Mendez continued by stating that some of the plans under discussion include a bridge and a scenic road and that was what he was referring to as a very large expense. Mr. Briones reminded the Council that that road is in the master plan and it will be constructed. He stated that if the Council did not want the road there, the master plan would have to be amended. Mr. Mendez stated that in his opinion the road would be a luxury and there are other areas that need more improvements. Mr. Briones pointed out that it will be a collector street but traffic will be slow. City Manager Martin stated that the street will be located there anyway but the cost to the City is extraordinary because the City plans to take land dedications; therefore, the City will have to pay one-half of the street cost if more land is acquired. Council Member Berlanga stated that he too is concerned about the expenditure, but since the City will acquire the wetlands, they might as well take advantage of it because it will involve recreational areas. Council Member Mendez referred to Turkey Creek project and stated that there is a definite need to improve drainage and it will require a bond issue. He suggested that this also be listed on the next bond issue. utes _gular Council Meeting January 25, 1984 Page 20 Council Member Brown pointed out that one side of the Oso is being developed and the developer plans to construct a large number of homes there. Mr. Brown continued by stating that the developer will need 11 acres for development, and he plans to sell some of the land to the school district. Council Member Kennedy stated that he felt the important thing is that this is going to be a valuable asset to the City and that the development of the greenbelt area and the dedications should continu. He noted that the roadway will extent to County Road 26A. Deputy City Manager Briones agreed, stating that that is what is needed, to have the Planning Commission look at dedications of wetlands, etc., when plats are approved. Mayor Pro Tem Turner stated that she hopes the Council approves the authorization of the plans for development of the Oso. She mentioned several possibilities for this development and pointed out the extent of the growth in that area. City Manager Martin summarized by stating that at this time the staff is only asking that the Planning Commission look at the plans. A motion was made by Council Member McComb that the foregoing item, as amended, be approved; seconded by Council Member Kennedy; and passed unanimously. * * * * * * * * * * City Manager Martin stated that he needed to schedule a meeting of the people going to Austin on February 15 for the presentation. Mr. Martin informed the Council that there is a critical matter which is somewhat of an emergency that he needs to discuss with them. He stated that the City had a cave-in on the Oso trunkline which is a major sewer problem. He asked Mr. Lontos to further explain. Mr. Lontos informed the Council that the City had experienced a total of four sewer breaks and at this time they plan to build a bypass line between Airline and Treyway Lane. He stated that it is a line similar to that on McArdle, but hopefully it will be easier to correct. * * * * * * * * * * Mayor Pro Tem Turner called for petitions or information from the audience on items not listed on the agenda. Mr. Elwood W. Carpenter, 2317 David Street, stated that he owns two lots in Flour Bluff and he would like to sell them to a man who wants to place a trailer on it, yet the City tells him that this is not possible. Mayor Pro Tem Turner stated that she will have the staff talk to him today to see if anything can be done. utes .gular Council Meeting January 25, 1984 Page 21 Council Member Slavik stated that she had received a call from Mrs. Martha Elliott who informed her that Ms. Miriam Wagenschein would like to have an opportunity to speak during the morning workshop meeting at the time they are discussing the Oso Water Treatment Plant. Mrs. Slavik stated that she will give up her five minutes on current concerns for that purpose. A motion was made by Council Member Mendez that Mrs. Wagenschein be heard at 9:30 a.m., Wednesday, February 1, 1983; seconded by Council Member Berlanga; and passed unanimously. There being no further business to come before the Council, on motion by Council Member Berlanga, seconded by Council Member Mendez and passed unanimously, the Regular Council Meeting was adjourned at 4:50 p.m., January 25, 1984. DGZ/tb