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HomeMy WebLinkAboutMinutes City Council - 02/22/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 22, 1984 2:00 P.M. PRESENT: Mayor Pro Tem Betty N. Turner Council Members: David Berlanga, Sr. Welder Brown Dr. Charles W. Kennedy, Jr. Joe McComb Mary Pat Slavik ABSENT: Mayor Luther Jones Council Member Leo Guerrero Council Member Frank Mendez tit Deputy City Manager Ernest Briones Assistant City Attorney Bob Coffin City Secretary Bill G. Read Mayor Pro Tem Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend George Dettman, retired Episcopal Minister, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Charles Kennedy. Mayor Pro Tem Turner explained that she would like to take a few minutes to have displayed on a T.V. screen a segment of the Winter Olympics showing the exhibition skating by the Carrothurs, a brother and sister team, who skated to the tune of "America the Beautiful" as recorded by Ray Charles. City Secretary Hill 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 Kennedy that the Minutes of the Special Council Meeting of January 25, 1984 and the Regular Council Meetings of February 1, February 8, and February 15, 1984 be approved as presented; seconded by Council Member Berlanga and passed unanimously. MICROFILMED nutes ..egular Council Meeting February 22, 1984 Page 2 Mayor Pro Tem Turner announced a presentation on the concept for the new bulk material loading facility at the Port of Corpus Christi. Mayor Pro Tem Turner introduced Mr. James C. Storm, Chairman of the Port of Corpus Christi Commissioners; Mr. Doug Marchand, Managing Director; and Colonel Nolan C. Rhodes, Director of Engineering Services for the Port. Mr. Marchand addressed the Council and stated that he is looking forward to working with the City, the County Commissioners and the Port of Corpus Christi. He stated that they are very proud of the bulk material dock. He then requested that Colonel Rhodes explain the new facility. Colonel Rhodes provided background information on the Port of Corpus Christi and its function when it was first designed. He stated that it has traditionally been used for unloading materials but now the Port is taking care of outbound cargo as well. He explained that the loading of outbound cargo has increased a great deal and in 1983, the ratio was 50/50% for outbound and inbound cargo. Colonel Rhodes continued by explaining how they had studied methods of increasing the efficiency for outloading of cargo and the problems they had encountered because of the possible necessity to close the Port during the construction. He displayed a drawing on an aerial photograph which included the various plans for enlarging the dock facilities. He explained that after a long study, it was determined that they needed advice from someone who was experienced in loading outbound cargo and they had contracted with Soros and Associates who have a great deal of experience in bulk handling facilities. He stated that this firm had recommended that two independent facilities be constructed -- one for unloading and one for loading. He stated that the Port Authority had taken their advice and the two facilities can be constructed for about $10.2 million. He explained that at this point, they are in the stage of attempting to obtain the various permits required and they hope to award a formal contract at the next meeting of the Port Commissioners. Colonel Rhodes estimated that if there are no serious problems with permits, the improved facility can be completed in about eighteen months. He explained that they are very excited about this project which will increase commerce and provide employment potential for local citizens. Mayor Pro Tem Turner questioned the funding, and Colonel Rhodes explained that it will be from Port funds that they already have and the anticipated earnings during the lifetime of this facility. Council Member Slavik inquired if potential users had been consulted, and Colonel Rhodes replied in the affirmative and stated that they are very enthusiastic. Council Member Berlanga inquired about the type of cargo that will move through the outbound loading facility, and Colonel Rhodes explained that at this time, they have a great deal of petroleum coke and coke being loaded at the .nutes _.egular Council Meeting February 22, 1984 Page 3 Port. He assured the Council that they would not limit the use for they plan to design the facility for other cargo as well. He also stated that they are promoting the new facility by salesmen and a public relations type of approach. He mentioned other type of bulk material that moves through the Port. Mr. Storm stated that it is a pleasure to make this presentation to the Council. He stated that he would like to add that they will now have the capabilities of loading two ships at the same time because there will be an additional docking facility and an additional high speed loading facility. He stated that he felt that it was very important to note that the Port will not have to be closed while the remodeling is in progress and that it will be paid for out of the earnings of the Port. He expressed the opinion that petroleum coke will always be in demand and the cost to the users will not be increased because they will actually save money because of the quick loading and unloading capabilities that will be available. Mayor Pro Tem Turner mentioned the new Managing Director, Mr. Marchand, and asked Mr. Storm to explain his position. Mr. Storm stated that Mr. Marchand will have a great deal of work to do and the Board felt that it was feasible to employ an additional person at this time. Council Member Slavik stated that she and other Council Members were in San Antonio, Saturday, and while there, Mayor Henry Cisneros inquired about the status of the containerization study which is a cooperative effort between the Cities of Corpus Christi and San Antonio. Mr. Storm stated that the study has been completed and it contained a lot of conversation. He stated that when an indication is received that it is needed, a minimum facility will be considered. He stated that he cannot support a maximum containerization facility at this time because of the scarcity of users. He reiterated that the Port has increased their sales force and are attempting to obtain additional business for the Port. He assured the Council that when the need is there, they will be glad to work with officials from San Antonio. Mayor Pro Tem Turner expressed appreciation to Mr. Storm for his many years of dedicated service to the Port of Corpus Christi. Mayor Pro Tem Turner administered the oath to Mr. Merle Borchelt, who was recently appointed to the Corpus Christi Business Development Commission. Mayor Pro Tem Turner called for consideration of the Consent Motions on items 1 through 13. She explained to the audience that the City Council had been provided with a great deal of information and material pertaining to all of inutes .<egular Council Meeting February 22, 1984 Page 4 these items and that they may be approved by a single motion after the Council has made comments and members of the audience have been provided with an opportunity to speak on them. 1. Bids be received March 13, 1984, for 200 replacement folding chairs and 70 replacement folding tables for use in various recreation centers. The chairs and tables are included in the 1983-84 Budget. 2. Bids be received March 13, 1984 for the design, furnishing and installation of a fume exhaust hood and exhaust stack at the Traffic Signs & Markings Shop, 5425 Leopard, to remove paint, thinner and chemical fumes. The exhaust equipment is included in the 1983-84 Budget. 3. Bids be received March 13, 1984 for nine modular play systems for the Park and Recreation Department to be placed in the following parks: Lawson, Airport, Elgin, Prescott, Chiquito, San Diego, Temple, Edgewood, and Southbay. The equipment is included in the 9th Year Community Development Block Grant and the 1983-84 Budget. 4. Bids be received March 13, 1984 for a micro computer for the Planning Department. This item has been reviewed by the Data Processing User's Committee and funds will be made available through the Metropolitan Planning Organization Grant. The computer will be utilized for statistical analysis, transportation planning and census analysis. 5. Bids be received March 20, 1984 for installation of 1385 lineal feet of chain link fence at the 0. N. Stevens Filter Plant to enclose a wash water holding tank to provide better security for the tank. The fencing is included in the 1983-84 Budget. 6. Plans and specifications be approved for the reconstruction of Forest Hill Lane from Violet Road to Birdwood Lane and for Redbud Drive from Japonica Drive to the West Guth Park boundary and bids be received on March 21, 1984. These two northwest area streets are included in the 1982 Voluntary Paving Program. 7.* Plans and specifications be approved and bids be received on March 21, 1984, for relocations of utilities and drainage improvements near Blucher Park. 8. Emergency air breathing equipment for the Fire Department and Wastewater Division be approved based on low bid as follows: Koetters Fire Protection Service 8 ea. 60 -minute supply apparatus 5 ea. 60 -minute cylinders & valve assemblies Total - $ 7,640.00 2,275.00 $ 9,915.00 * Withdrawn temporarily by Council Motion -- see page 6. inutes _.egular Council Meeting February 22, 1984 Page 5 Vallen Corporation 3 ea. 30 -minute supply apparatus $ 2,202.33 GRAND TOTAL - $12,117.33 Prices have decreased approximately 6% since the last purchase in November, 1982. Fourteen bid invitations were issued and four bids were received. The equipment is included in the 1983-84 Budget. 9. Twelve months supply agreement with option to extend for an additional twelve months at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee for fire fighting helmets and boots, be approved as follows: a. Koetters Fire Protection Service Est. 48 helmets @ $55.61 Total: $2,669.28 b. Halprin Supply Company Est. 144 pair of boots @ $37.44 Total: $5,391.16 GRAND TOTAL - $8,060.64 Item a. is based on low bid meeting specifications. The low bid from Life Safety Equipment Company of $2,371.68 does not include a detachable liner, has no chin -cup protection and parts are not interchangeable with existing helmets. Item b. is based on low bid. Prices have increased approximately 68 on the helmets and 3% on the boots since the last contract in December, 1982. Fourteen bid invitations were issued and eight bids were received. 10. A contract in the amount of $83,000 be authorized to B & B Builders to complete outstanding work at the Meadow Park Recreation Center due to the default of La -Man Constructors, Inc. Work on this 8th Year Community Development Block Grant project, which provided for expansion and other improvements for this recreation center, was about 65% complete when the La -Man firm abandoned this project in November, 1983. 11. An agreement with the developer of the Willowick Subdivision be approved providing for the construction of a bridge over the Schanen Drainage Channel under joint City/Developer participation. As the developer owns land on both sides of the channel, the agreement would defer the bridge construction until both sides are developed. 12. Authorizing the hiring of the law firm Hunt, Hermansen, McKibben & Barber to assist in the representation of the City in the lawsuit McCullough Associates vs. City, et al. mutes .<egular Council Meeting February 22, 1984 Page 6 13. Authorizing acquisition of a parcel (#2) located in Block 60 at the corner of N. Alameda and Leopard Streets from Mr. T. E. Beach in connection with the City Hall Land Acquisition Project. Council Member McComb referred to item 6 and noted that originally, this project included several other streets but some residents later changed their minds about the street improvements and withdrew their voluntary paving petition. Assistant City Manager James K. Lontos agreed and stated that one street that was removed from the project was Birdwood Lane and this was withdrawn at the request of the property owners. He stated that the drainage problem on Birdwood will be corrected as a part of this project but there are only two streets left from the original list included in the project. Council Member Kennedy referred to item 7 and suggested that it be withdrawn at this time to be considered following the public hearing on the closing of Blucher Street. A motion was made by Council Member Kennedy that consideration of item 7 be delayed until after the public hearing on Blucher Street closing, seconded by Council Member Berlanga and passed unanimously. Council Member Kennedy then referred to item 12 and asked about the agreed upon rate. City Attorney J. Bruce Aycock replied that it will be $80 per hour. He assured the Council that this firm has performed work for the City before and they have a great deal of expertise. Council Member Slavik expressed concern about employing an outside legal firm and inquired why there is not enough City Staff available for this lawsuit. Mr. Aycock explained that they have had one attorney working full-time on this case; there is a great deal of documentation that is required as well as a number of conferences; and the Legal Department feels that assistance is needed at this time. Mayor Pro Tem Turner commented that this is a unique kind of lawsuit with which the City Attorneys have not had a great deal of experience. Mr. Aycock assured the Council that they attempt to keep the employment of outside counsel at a minimum. Council Member Berlanga referred to item 10 and stated that he understands that there is a group of subcontractors who performed work for the original contractor, the La -Man firm, who have not been paid for their work. He inquired if they will be paid. nutes .regular Council Meeting February 22, 1984 Page 7 Assistant City Manager Lontos stated that he had no idea. He stated that the Staff is very concerned about this; the contractor has abandoned the project; and the Staff has had a great deal of difficulty in locating him. He explained that there is not a bona fide bond behind the original contractor and if the bond is not good, someone associated with the project will be hurt. He explained that the City always requires a bond but they have ascertained now that the bond is not good because even though the bonding company is a reputable one, the underwriter is not and that has presented a problem. Council Member Berlanga inquired if B & B Builders will employ the same subcontractors. Mr. Lontos stated that he did not know because he could not direct a contractor as to who they should hire because they bid on a certain price to complete the job and they have their own resources for completing the contract. A few moments later, Mr. Lontos stated that he had just been informed that B & B Builders will use all of the previous subcontractors except for one and that is the subcontractor who performed the roof work. Further discussion followed and Council Member McComb stated that he was of the opinion that ultimately, the bonding company should be responsible. He stated that according to a letter received from the bonding company, they may honor the bond. Council Member Kennedy suggested that if there is a problem in the City system, something should be done to prevent this from happening again. Mr. Lontos stated that they would like to suggest that all of the underwriters be local agents or at least, people who are known by the City but there may be a question as to whether this can legally be done. He explained that the Legal Department has a list of all of the bonding companies and their agents on file, and if an agent is not on the list, they require the submission of a power of attorney. Council Member Berlanga expressed the opinion that this is poor business management. Mayor Pro Tem Turner called for comments from the audience on items 1 through 13 with the exception of item 7 which had been withdrawn temporarily. Mr. Nick Lazarte stated that he is a plumber and also a subcontractor. He stated that this situation shows that this City is being run by favoritism for two reasons: (1) not attempting to see that the subcontractors are paid on this job; and (2) the City could require certified affidavits that the subcontractors had been paid before the primary contractor is paid. He stated that he has been unable to obtain work in Corpus Christi for some time and he feels that there is something that should be done for the subcontractors associated with the project who were not paid. inutes .<egular Council Meeting February 22, 1984 Page 8 Assistant City Manager Lontos explained that at the end of any City project, the Engineering Staff requires an affidavit to be signed that the subcontractors have been paid before final payment is made to the contractor. Mr. Lazarte continued by stating that in other cities, he has to prove that all of his bills have been paid before money is paid to him for jobs that he performs. Deputy City Manager Briones referred to Mr. Lazarte's accusation that this City is practicing favoritism and stated that he would like to correct that allegation, stating that this is not true. Mr. Lazarte stated that he did not mean favoritism in his case, he meant by not prosecuting the contractor originally responsible for the Meadow Park Recreation project. There were no further comments from the audience on the motions. A motion was made by Council Member Brown that the Consent Motions, items 1 through 13, with the exception of item 7 which had been temporarily withdrawn, be approved; seconded by Council Member Slavik; and passed unanimously. Mayor Pro Tem Turner called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 14 through 22. Deputy City Manager Briones reminded the Council that some time ago, the Council requested that a map be displayed to indicate which land has already been acquired for the Naval Air Station Land Acquisition Project. Mr. Lontos displayed a map and explained the property that had been acquired. He stated that the acquisition program does not contemplate purchasing lots that are developed and they will be omitted from this project. He stated that there is a balance of $1,537,166.63 in the fund. Mayor Pro Tem Turner referred to Ordinance No. 16 which authorized a contract for architectural services for the West Concourse Extension and Holdroom for the Airport and pointed out that the Council has discussed air conditioning of the Concourse for many years, yet the memorandum indicates that plans will be prepared for both air conditioning and non -air conditioning of the Concourse. Mr. Lontos explained that the Staff is requesting that the architects provide both air conditioning and non -air conditioning because the bonds approved by the voters did not include the cost of air conditioning of the Concourse, but the Staff realizes that this is the desire of the Council and the Airport Advisory Board. He assured the Council that when plans and specifications are approved, they will include both. He stated that the Staff is attempting to put together a package of items pertaining to the Airport and they hope to have this within the next two or three weeks. _nutes regular Council Meeting February 22, 1984 Page 9 Council Member Slavik referred to Ordinance No. 14 which authorizes institution of condemnation proceedings for the acquisition of seven parcels of land for the City Hall Land Acquisition project. She inquired as to why the City is condemning these particular parcels. Deputy City Manager Briones explained that this is just authorization to condemn the property if negotiations fail. He assured the Council that the negotiation process will continue even if this ordinance is passed. Assistant City Manager Lontos confirmed this and stated that they feel that the condemnation proceedings should be ready in the event the negotiations are not successful. He stated that at this time, this is just a technicality. Deputy City Manager Briones stated that he would like to withdraw Ordinance 20 which authorizes the annexation contract for the Port of Corpus Christi and Ordinance 21, which is the third reading of the lease agreement with Airdrome Corporation. Council Member McComb referred to Ordinance 18 which closes the public hearing on the Purdue Road Street Improvements and suggested that the public hearing on the assessments be left open so that the property owners will be allowed to address the Council again prior to the adoption of the final assessment roll. Mr. Lontos inquired if the Council would like for the Engineering Department to contact the property owners prior to approval of the final assessment roll so that the property owners may speak again at that time. A motion was made by Council Member McComb that Ordinance 18 be amended to insure that a second public hearing will be held prior to the final acceptance of the assessment roll on Purdue Road Street Improvements from Debra Lane to Laguna Shores Road. Council Member Kennedy seconded the motion and it passed unanimously. Mayor Pro Tem Turner called for comments from the audience on Ordinances 14 through 22, noting that Ordinance 20 and 21 had been withdrawn. Mr. Kenny Botary addressed Ordinance No. 14 pertaining to the condemnation proceedings, objected to the statement that passage of this ordinance is just a technicality. He stated that he felt that it actually puts pressure on the property owners to employ an attorney, obtain an appraisal of their property, etc. He requested that condemnation proceedings not be approved at this time because he would like to continue to negotiate with the City Staff. He stated that he has had one conversation with Mr. Ken Kohrs of the Property and Land Acquisition Office and he was astonished at the appraisal. He informed the Council that he had requested a copy of the appraisal from Mr. Kohrs but he refused to provide him with a copy. nutes ..egular Council Meeting February 22, 1984 Page 10 Mr. Lontos explained that the Staff does not give out appraisals because they are made on behalf of the City; the appraiser is preparing the appraisal for the City; and if the matter should go to condemnation proceedings, the appraiser would have to testify on behalf of the City. Mr. Botary contended that the condemnation proceedings will cost the property owners more money. He asked that the City Staff be investigated to see what they have done to negotiate for the purchase of the land referred to. Mr. Briones explained that the City has standard negotiating procedures for the acquisition of land and he did not think there is any obligation on the part of the City to reveal the amount of the appraisal they have obtained. Mayor Pro Tem Turner suggested that this item be delayed. Mr. Briones questioned the reason for a delay at this time. He pointed out that approving this ordinance does not take away any right from the property owners to continue to negotiate a fair price for the sale of their property, and if an agreement cannot be reached, then the City can go to condemnations. Mr. Botary reiterated that he asked for the appraisals twice from Mr. Kohrs and from Assistant City Attorney Bob Coffin and was refused. Mr. Briones continued by stating that the decision to be made is whether the City is going to let the property owner know what a fair price is before an offer has even been made. He stated that under normal circumstances, the City would attempt to obtain that property at a reasonable price. He explained that if the Council wants to do this and they want the property owner to know how much the appraisal is, then the Staff needs to start all over and he felt that this should be discussed in closed session. Further discussion followed and Council Member Slavik suggested to Mr. Botary that if he saw the appraisal made for the City, he might be of the opinion that it was a biased appraisal. She suggested that he might consider having his own appraisal made of his property. An unidentified gentleman in the audience stated that Mr. Kohrs had gone to his office and left three copies of the appraisal of his property. Mr. Ken Kohrs, of Property and Land Acquisition Office, stated that the documents referred to by the gentleman were actually real estate sales contracts, not appraisals. Council Member McComb pointed out that the Council had instructed the Staff to proceed to acquire the land for the City Hall site as soon as possible. He stated that he was of the opinion that almost all of the property owners involved have some idea of the value of their property. He noted that if the City employs an appraiser, then that appraiser has to be able to defend himself inutes .<egular Council Meeting February 22, 1984 Page 11 and his appraisal if the acquisition goes into condemnation proceedings. He stated that he could sympathize with Mr. Botary for not wanting to employ an appraiser, but he did not think that the City should reveal the amount of the appraisal obtained by them. Mrs. Mary Burnhardt stated that she is the second largest property owner involved on this land acquisition and requested that Mr. Lontos explained the procedures to be followed in condemnation proceedings because she stated that most of them are not legally knowledgeable. She also asked Mr. Lontos to explain what he referred to as the lengthy process. She inquired if the property owners would have time to prepare their case if this goes to condemnation proceedings. Mr. Lontos explained that in terms of condemnation proceedings, once they are authorized, the Legal Staff proceeds to file that with the Courthouse and this may require two or three weeks. He stated that following that, appointments are made of a special Commissioners' Court, who are citizens of Corpus Christi and who are appointed by the judge of a County Court of Law. He stated that following that, a hearing date is set at which time both parties may be present and at that time, the Special Commissioners' Court can take action. He noted that if either party does not like the decision of the Special Commissioners' Court, they may appeal and some cases last a very long time if they are appealed. He again assured the Council and the members of the audience that the City Staff will be available to negotiate with all of the property owners. He then introduced Mr. Kohrs and stated that his office is at 1801 No. Chaparral in the Gibbons Building. Mr. Tufic Nicolas addressed the Council and stated that he owns land at the intersection of South Staples and Lipan Streets and indicated that he concurred with the remarks of Mr. Botary. He expressed the opinion that negotiations should continue without initiation of condemnation proceedings until the negotiations have actually failed. He stated that the procedure followed by the City is that they present to the property owner a sales contract with the City's price listed. He urged that the ordinance be deferred until negotiations have failed completely. He also pointed out that his client's property is on the periphery of the site and might not even be required. Mayor Pro Tem Turner stated that she believes that the Council has determined that all of this land is necessary for the new City Hall. Council Member McComb expressed the opinion that this Council is committed to good faith negotiations and the technicality of passing this ordinance will not interfere with those negotiations. He expressed a willingness to sit in on some of the negotiation meetings if anyone wished. He assured the property owners that the City is in a position to negotiate in good faith, but from a technical standpoint, there is a need to proceed with this authorization. nutes Regular Council Meeting February 22, 1984 Page 12 Mr. Kohrs explained to the Council that under no circumstances does he present an offer to the property owner and imply that they are either to take it or leave it. He stated that he had asked Mr. Botary and Mr. Saldana to provide him with an estimate of the value of their property and they did not respond. He assured the Council that he wants to conduct negotiations and he will not authorize the Legal Department to initiate condemnation proceedings until the negotiation process has been completely exhausted. He explained that Mr. Gonzales had stated that he did not want to sell his property and he hesitated to discuss this because he is working on some of the problems presented by Mr. Gonzales. Mayor Pro Tem Turner inquired if there would be any problem in passing the ordinance but not authorizing condemnation proceedings to begin until thirty days after this. Mr. Kohrs assured the Council that he did not intend to authorize the Legal Department to move forward with the condemnation proceedings until he was absolutely sure that negotiations had failed. Mr. Briones pointed out that there is no question in anyone's mind that the City wants to purchase this land. He noted that if the City makes an offer to the property owner that is unfair to them and they need time to prepare their case, this can be discussed at that time. Mrs. Dudley spoke and stated that she would like to speak in support of Mr. Kohrs because she had no complaint about his demeanor. She stated that they have just begun negotiation procedures and she talked to him for the first time about a little more than a week ago and there are plans for another meeting. She stated that he has represented the City very well. A motion was made by Council Member McComb that Ordinance No. 14 authorizing condemnation proceedings for the acquisition of seven parcels of land located in Blocks 44 and 45 north to south between Leopard and Lipan Streets and east to west between North Staples and North Alameda Streets be amended to specify that condemnation proceedings shall not be instituted any sooner than thirty days from the date of this ordinance; seconded by Council Member Kennedy; and passed unanimously. There were no further comments on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 14. ORDINANCE NO. 18094: AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCELS 3, 4, 6, 7, 8, 9, AND 10 FOR THE CITY HALL SITE AND TO ACQUIRE SAID PARCELS FROM THE FEE OWNERS AND ALL OTHERS OWNING INTERESTS THEREIN, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Kennedy, McComb and Slavik voting, "Aye"; Jones, Guerrero and Mendez, "absent". .nutes .<egular Council Meeting February 22, 1984 Page 13 15. ORDINANCE NO. 18095: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 29 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $13,593; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Kennedy, McComb and Slavik voting, "Aye"; Jones, Guerrero and Mendez, "absent". 16. ORDINANCE NO. 18096: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH COTTEN/LANDRETH ARCHITECTS PROVIDING FOR STRUCTURAL, ARCHITECTURAL, MECHANICAL, ELECTRICAL AND RELATED SERVICES NECESSARY FOR THE DESIGN OF PLANS AND SPECIFICATIONS IN CONNECTION WITH THE CONSTRUCTION OF THE WEST CONCOURSE EXTENSION AND HOLDROOM AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT; APPROPRIATING $47,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Kennedy, McComb and Slavik voting, "Aye"; Jones, Guerrero and Mendez, "absent". 17. ORDINANCE NO. 18097: AUTHORIZING THE EXECUTION OF A CONTRACT WITH KING CONSTRUCTION COMPANY FOR THE PURDUE ROAD STREET IMPROVEMENTS PROJECT; APPROPRIATING $180,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Kennedy, McComb and Slavik voting, "Aye"; Jones, Guerrero and Mendez, "absent". 18. ORDINANCE NO. 18098: CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREET: Purdue Road, from Debra Lane to Laguna Shores Road; 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, Kennedy, McComb and Slavik voting, "Aye"; Jones, Guerrero and Mendez, "absent". inutes Regular Council Meeting February 22, 1984 Page 14 19. ORDINANCE NO. 18099: AMENDING THE CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, BY INCREASING THE NUMBER OF APPOINTED MEMBERS OF THE BUSINESS DEVELOPMENT COMMISSION FROM NINE TO TEN AND BY ADDING TWO EX -OFFICIO MEMBERS - THE PRESIDENT OF CORPUS CHRISTI STATE UNIVERSITY AND THE PRESIDENT OF THE CORPUS CHRISTI AREA CONVENTION AND TOURIST BUREAU, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Kennedy, McComb and Slavik voting, "Aye"; Jones, Guerrero and Mendez, "absent". 20. (This ordinance was withdrawn by Deputy City Manager Ernest Briones.) 21. (This ordinance was withdrawn by Deputy City Manager Ernest Briones.) 22. THIRD READING - ORDINANCE NO. 18100: AUTHORIZING APPROVAL OF THE LEASE AGREEMENT WITH GULF COAST AVIATION, INC. FOR THE DEVELOPMENT OF A 7.18 ACRE TRACT TO PROVIDE GENERAL AVIATION SPACE FOR A 20 (TWENTY) YEAR PERIOD. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Kennedy, McComb and Slavik voting, "Aye"; Jones, Guerrero and Mendez, "absent". A motion was made by Council Member Kennedy that the assessment hearing scheduled for 3:00 p.m. be considered at this time; seconded by Council Member Brown; and passed unanimously. Mayor Pro Tem Turner announced the assessment hearing on the following subject: Cole Street Improvements Project providing for assessments of $32,196.01 for the 14 items on the roll. Assistant City Manager Lontos informed the Council that this project is a voluntary paving street project and it is included in the Community Development Block Grant program. He stated that the City Attorney would conduct the formal portion of the public hearing. City Attorney Aycock called as his first witness, Mr. Gerald Smith, P.E., City Engineer. Through questioning of Mr. Smith, Mr. Aycock determined that he is a registered engineer in the State of Texas and that he has been employed by the City of Corpus Christi for twenty-five years. He verified that a copy of Mr. Smith's qualifications in resume form is on file in the City offices. .nutes ,tegular Council Meeting February 22, 1984 Page 15 Mr. Smith testified that he is familiar with this project and the project includes improvements to Cole Street from Santa Fe Street to Ocean Drive. He stated that plans were prepared in the City Engineering offices and the plans are to construct a 28 -foot wide street with the laying of a standard 6" curb and gutter section, 6" compacted subgrade, 8" compacted caliche base and 1-11" Type D hot -mix asphaltic pavement. He stated that the existing right-of-way is 6 -feet wide and a 4 -foot wide reinforced concrete sidewalk will be installed on both sides of the street six feet off the property line. He stated that a new water line will also be installed and 200 feet of sewer line will be constructed as a bypass to provide better service. Mr. Smith stated that bids on this project were received January 11, 1984 and the low bid was that submitted by Ibanez Construction Company at a price of $97,794. Mr. Smith then explained the assessment rate as follows: Commercial property: 6" curb, gutter & pavement - $19.50 per linear foot; Sidewalk: $1.00 per square foot; Driveways: $2.86 per square foot. Residential property will be assessed as follows: 6" curb gutter & pavement - $9.75 per linear foot; Sidewalk: $1.00 per square foot; and Driveways: $2.86 per square foot. He stated that the total preliminary assessment roll is $30,693.93. Mr. Smith explained that the assessments will not be due until the completion of the project, at which time, the property owners may pay in cash or in monthly installments for a five-year period at an interest rate of 8% or in case of a hardship, the payments may be extended over a ten-year period. He stated that the contractor will have 40 working days to complete the street improvements, or approximately two months. Mr. Smith called attention to copies of two petitions that were received on this project -- one dated November 22, 1983 in which the property owners request that the sidewalk construction adjoin the curb to eliminate encroachment into the property yards; and the other dated February 18, 1984 which again requested that the new sidewalk be laid abutting the new street curb. Mr. Smith stated that the Staff recommends the six-foot line because of the wide right-of-way, noting that they do not think that a sidewalk should be poured adjacent to the curb because it would be unsafe for pedestrians. Mr. Smith also informed the Council that there are many trees on the street and it is the policy of the City to save as many as possible and this policy will be in effect during this street construction. Council Member Slavik inquired if the Staff had met with the property owners, and Mr. Smith explained that on November 1, 1983, they had a meeting in the Council Chamber which was attended by five of the fourteen property owners. He explained that since there is sixteen feet of right-of-way, the Staff still recommends that the sidewalks be located six feet from the property line and they object to placing the sidewalk adjacent to the curb because it is more dangerous and it gives the neighborhood a commercial look. Council Member Slavik indicated that she agreed with the Staff's plan for the sidewalks. mutes rtegular Council Meeting February 22, 1984 Page 16 City Attorney Aycock inquired if the drainage in the area will be improved through this street reconstruction, and Mr. Smith replied that it would. He explained that they intend to install a new underground storm sewer with catch basins, etc. City Attorney Aycock called as his next witness Mr. George N. Paraskevas, CRB, ICA. Through questioning of the witness, Mr. Aycock ascertained that he is qualified to testify because of his experience as a real estate appraiser and broker and stated that he has a copy of his qualifications in resume form on file in the City offices. Mr. Paraskevas testified that he felt that all of the property will be enhanced at least in the amount of the assessment and he was of the opinion that the sidewalk should be placed six feet from the property line. Council Member McComb referred to the recent petition submitted by these residents and noted that they had suggested that the condition of the sewer and drainage lines be evaluated before the street is reconditioned. Mr. Smith explained that this is an older part of the City; the sanitary sewer lines are in the easement; and drainage crosses Cole Street. He explained again that the City will install an interconnect line to help improve the sewer system. Mr. Lontos further explained that the problem in this area is that there are many large trees and roots have grown into the sewer lines. He expressed the opinion that if they are not obstructed by roots, the lines will be in acceptable condition. Mayor Pro Tem Turner called on members of the audience to speak at this time. Mrs. Catherine Countiss, who resides at 1802 Third Street with property siding on Cole Street, referred to the sewer line. She explained the location of the sewer line as it extends to serve the property. She informed the Council that during very rainy weather, the sewer lines overflow and she hopes that the City will correct this problem. Mr. Lontos assured Mrs. Countiss that the Staff is aware of that problem and they will investigate it. He assured the Council that the Staff always tries to complete utility work before the street reconstruction and they will do this as much as possible on this project. He reiterated that this is a very old subdivision and they are not sure about the location of all of the utility lines. Mr. John Brooke, Attorney, stated that he owns property facing on Cole Street at its intersection with Ocean Drive. He stated that it is rental property and he has owned it for many years. He expressed the opinion that if this project is completed with the sidewalks attached to the curb, the value of _nutes rtegular Council Meeting February 22, 1984 Page 17 the property will be increased. Mr. Brooke stated that he would like to request two items: (1) that the sidewalks be constructed adjacent to the curb; and (2) when necessary, that the sidewalks be made more narrow to avoid destroying the beautiful old trees on his property. He pointed out also that there are not many pedestrians in the neighborhood. Mr. Laurell Thatcher, 118 Cole Street, pointed out that most of the houses are built near the street and in his opinion, installing sidewalks six feet from the property line would place them too close to the houses. Mayor Pro Tem Turner inquired if there is any precedent for constructing sidewalks adjacent to the curb, and Mr. Smith replied that the only places that the City has done so is when the City does not have enough right-of-way and in some commercial areas. He pointed out that this is not a commercial type of development. He explained that the distance the sidewalks will be from the houses varies from ten to twelve feet to as far back as twenty feet. He pointed out to the Council that the City places sidewalks one foot off the property line and in this case they are recommending that they be installed six feet off the property line which is a much greater distance than usual in residential areas. Mrs. Gertrude Thatcher, 118 Cole Street, stated that the sidewalks as planned will be within four feet of her living room. No one else spoke in regard to these assessments. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Brown and passed unanimously. Council Member Kennedy stated that he is familiar with this area and he would like for the Staff to consider installing the sidewalks next to the curb because he felt that there was very little pedestrian traffic. A motion was made by Council Member Kennedy that the plans for Cole Street improvements be changed to install five-foot wide sidewalks adjacent to the curb. The motion was seconded by Council Member Brown and passed unanimously. Mayor Pro Tem Turner announced the public hearing on the following street closing: Closing Blucher Street from Carrizo to Tancahua Streets. The new library is proposed to be constructed in this portion of Blucher Street with considerable relocation work being necessary to accommodate this building. inutes Regular Council Meeting February 22, 1984 Page 18 Mayor Pro Tem Turner provided opening remarks by explaining that a year ago, the City Council unanimously approved -- and citizens attending the meeting agreed -- that the new library should be located at that site with the understanding that Blucher Street would be closed. She explained that this City Council approved the building site on the property with the understanding that this street would be closed. Assistant City Manager Lontos provided background information on the street closing and explained that the library site was selected with the understanding that this street would be closed. He stated that the closing of Carrizo Street was also considered if the City Hall location was to be on the next block; however that plan did not materialize. He stated that the Library Site Committee does not feel that the property would be adequate without the closing of Blucher Street. He explained that the design for the new library will have an extension of the structure covering one-half of this street; utilities are located in Blucher Street; and it will be necessary to relocate some of those utility lines. Mr. Lontos continued by explaining that Blucher Street is not an arterial street nor is it a thoroughfare because the through streets are Agnes, Laredo, Leopard, Staples, Lipan, IH 37, Tancahua and Carancahua which adequately serve the area. He stated that there was more traffic on Blucher Street many years ago than there is today and circulation to South Staples Street could be provided through Carrizo Street. He stated that the Library Site Committee is of the opinion that this is an ideal location for the new library because of the proximity of the site to Blucher Park. Council Member Berlanga inquired if the City Staff had monitored the traffic on Blucher Street and stated that he had received many objections to this street closing. Mr. Tom Stewart, Director of Transportation, explained that his Staff had conducted a two-day traffic count and determined that traffic averages 450 cars a day, which would comparable to traffic on a local residential street. He further explained that Blucher Street would require vehicles to go 500 feet to get back to the other portion of Blucher -- Comanche would be the primary access into this section. Council Member Berlanga inquired about the location of the building on the site, and Mr. Lontos explained that the building is contemplated to extend thirty feet into Blucher Street if it is closed. He stated that the entrance will be on Comanche Street and because of the location of the park on the adjacent lot, visitors will be able to look across into the park. Council Member McComb pointed out that the last City Council directed the Staff to design the library with the assumption that Blucher Street would be closed; this has been done; and in his opinion, this public hearing is really an effort in futility. inutes Regular Council Meeting February 22, 1984 Page 19 Mr. Lontos continued by stating large esplanade and it will be sixty Mayor Pro Tem Turner called on matter. that the front of the building will have a feet off Comanche Street. members of the audience to speak on this Mr. Jack Kelso, 2810 Denver, stated that he is an attorney representing himself because he owns a lot in the area and since it is a block away from the library, it would not be affected by this street closing. He reminded the Council that several property owners approached the former City Council and requested that their area be rezoned for business; the City Council decided to hear all of those zoning applications at the same time; the Council then rezoned the property from Tancahua over to Staples Street for business use. He explained that property values have increased a great deal and referred to several large building projects in the vicinity under construction, mentioning in particular, Trinity Towers. He expressed the opinion that in view of all of the development and the business zoning in the area, it is shortsighted to close Blucher Street. Council Member Slavik referred to the Master Transportation Plan, and Mr. Lontos explained that the Master Transportation Plan does not predict that this will be a major street, even in view of the increased development. Mr. Kelso continued and expressed the opinion that closing Blucher Street will limit access to the downtown area. He agreed that the library would be quite an asset to the area but he would like to suggest alternatives to closing this street. He suggested that in order to obtain additional space for the library, he felt that it would be more logical to close Carrizo Street than Blucher Street. Mayor Pro Tem Turner explained to Mr. Kelso that at the time this street is closed, one-half of the land abutting Blucher Street would revert to the City and it could be used for the library. She stated that Carrizo Street abuts County property and the City would not benefit as much from that closing. Mr. Kelso then stated that perhaps the County would sell some of that land to the City. He also expressed the opinion that the park could possibly be used for parking space for the park and the new library. Assistant City Manager Tom Utter informed Mr. Kelso that according to the deed restrictions, nothing can be constructed in the park because it was designed to be an open, restful area for people. Assistant City Attorney John Bell stated that the deed restrictions on the park indicate that the City cannot even construct a covered pavilion in the park. Mr. Kelso then presented an exhibit which shows the space that is available for the library and expressed the opinion that Blucher Street should remain open. He pointed out that it would be possible to construct the library with additional stories to provide enough space. inutes Regular Council Meeting February 22, 1984 Page 20 Council Member McComb reminded the other Council Members that the Council must attend another public hearing at 7:00 p.m. and suggested that a 3 -minute limit be established for the speakers on this issue. Mayor Pro Tem Turner agreed and the other Council Members indicated their concurrence. Mr. Herman Olanbush stated that he owns property at the south end of Waco. He noted that there is already a lot of business there and although the traffic count is not very high, Blucher Street is used a great deal. He objected to the closing. Mrs. Alma Meinrath, 302 Denver, stated that she owns property on Comanche, Tancahua and Blucher. She stated that if Blucher Street is closed, she was concerned about the consequences as it would affect her property since it is zoned for commercial use. She stated that she would like to register a protest because the property owners did not know that Blucher Street was planned to be closed. Mr. Norman Howard, owner of Howard's Barbeque, expressed opposition to the closing of the street. He stated that he felt that the library would be an asset to the area but he recalled that the library plans were started at the time it was contemplated that the City Hall building would be constructed across the street. He expressed the opinion that closing Blucher Street would definitely harm his business as well as that of Claudia's Flowers. Mrs. Patty Mueller expressed concern about the problem, noting that she had worked on the new library for a number of years. She expressed the opinion that there is a need to have the library located on this site and the people in the area can utilize the services of the library. She pointed out that there is not a major public building in this community that does not have a setback for the beauty and the aesthetics of the building. She pointed out that this would be a major public building for our City and noted that a higher structure would require adding to the foundation which would increase the cost by approximately $180,000. She also pointed out that a higher building would require more staff members and eventually would cost the City a great deal more. She stated that they have already spent $850,000 for the new library and cannot afford any more for the site. She expressed the opinion that the library would actually enhance all of the other businesses in the area and would increase the property value. Mrs. Mary Bell, Chairman of the Corpus Christi Public Library Board, pointed out to the Council that when the bond issue for $5,000,000 was approved in 1981, the Council directed the Library Board to appoint a Library Site Selection Committee consisting of staff members and members of the Library Board. She stated that the Committee had worked with the architects who were delighted with the site selected. She stated that the site was approved with the stipulation that Blucher Street be closed and since that time, the site has been purchased and a great deal of money has already been spent. She noted that the Council approved it and the architects have designed the building and are now working on the interior. _nutes Regular Council Meeting February 22, 1984 Page 21 Council Member Slavik expressed the opinion that the other streets such as Staples, Comanche and Kinney would provide access to the businesses in the area. She expressed the opinion that some of the property owners are unnecessarily alarmed because the Master Street Plan did not even contemplate that Blucher Street would ever be a major artery. She stated that since the plans have progressed to this point, there is not much the Council can do at this time. Mr. Ennis Joslin, 242 Ohio, stated he had served on the Library Board and he did not particularly like the site selected but it has already been purchased. He suggested that consideration might be given to closing Carrizo Street because there may be a need for access by Blucher Street in the future. He urged that if possible, the Council consider closing that street instead of Blucher. Mrs. Claudia Ingram, 1001 Blucher Street, the owner of Claudia's Flowers, expressed opposition to closing this street because they do consider it a through street and it is necessary to serve the entire community. She stated that there should be some recognition given to the Blucher family who had donated the park and other property to the City. She expressed the opinion that closing the street would decrease the property value in the area and access to her property would be very difficult. Mr. Cliff Maus, President of Friends of the Library, spoke in street closing and pointed out that the new building will only square feet. He noted that Corpus Christi has never been able library that was originally designed for that use and he felt that deserved this type of building. He stated that the architects opinion that the relationship of the library and the park will entire area. He expressed the opinion also that the library will value of all of the property in the vicinity. favor of the have 50,000 to enjoy a the citizens are of the enhance the increase the Mrs. Adeline Gonzales spoke in opposition to the closing because she did not feel that it was fair to close the street because the park was given to the City by the Blucher Family. Mr. Ramos pointed out that the County has a larger piece of property across the street and suggested that negotiations be started to acquire that land from the County. Mr. W. T. Neland, 201 Oleander, stated that he had served on the Library Board and supported the bond issue but he was opposed to closing Blucher Street, indicating that he had worked many years to insure the means of movement around town. Mr. Neland then suggested that since there is a sixty -foot setback for the library from Comanche Street and they plan to use thirty feet of Blucher Street, that the setback be reduced to thirty feet and there would be no necessity to close Blucher Street. He also suggested the possibility of a detour of Blucher Street through the park. He stated that he realized that the donation of the park land was very restrictive but perhaps something could be worked out. He stated that he felt that the City could acquire a strip of park property through the powers of eminent domain. Lnutes Regular Council Meeting February 22, 1984 Page 22 Mr. Harry Pinson stated that he lives on the corner of Carrizo and Blucher and he felt that access to his property would be limited by closing that street. Also objecting to the closing was Mr. Ray Garcia who stated that he lived in the vicinity and had been there for fifty years. He mentioned the construction of Trinity Towers and stated that he felt that Blucher would provide access to that large facility. He recommended closing Comanche Street instead. Mr. Vann Kennedy, President of KZTV, read a communication from the Fire Department which expressed the opinion that the closing of Blucher Street would not be in the public interest because of the necessity to reach the buildings in that vicinity as soon as possible by emergency vehicles. The communication from the Fire Department indicated that the library itself would jeopardize its safety by cutting off access from one whole side, stating that a public building needs ready access from all four sides and the larger the building the more important this is for its safety. Mr. Kennedy strongly urged that the City Council not allow one public facility to increase its budget by hampering other facilities. Mrs. Lucy Hill, 4801 Wooldridge, pointed out that Corpus Christi has stopped being provincial. She compared it to Houston and Mexico City and reminded the Council of the necessity to go around parks in both cities which just adds to the beauty of the cities. She expressed the opinion that the property owners will actually be pleased about this in the future. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Slavik and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the street closing and it passed as follows: 23. ORDINANCE NO. 18101: CLOSING AND ABANDONING 60 FOOT WIDE BLUCHER STREET FROM THE EAST RIGHT-OF-WAY OF CARRIZO STREET TO THE WEST RIGHT-OF-WAY OF NORTH TANCAHUA STREET; PROVIDING CONDITIONS THEREFOR; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Kennedy, McComb and Slavik voting, "Aye"; Jones, Guerrero and Mendez, "absent". Note: Council Member McComb voted "Aye" but asked that his vote be qualified to indicate that he voted in favor of this because the commitment to close Blucher Street was made prior to this Council's term of office. Council Member Kennedy referred to the related motion from the Consent Agenda, item 7 and made a motion that it be approved, seconded by Council Member McComb and passed unanimously. inutes Regular Council Meeting February 22, 1984 Page 23 Mayor Pro Tem Turner reminded the Council of the assessment hearing at 7:00 p.m. and all members indicated that they would be present. Mayor Pro Tem Turner mentioned the fuel station at the Marina and stated that she had been informed that it is only open from 12:00 noon to 6:00 p.m. which creates a hardship for commercial boat owners as well as private boat owners. Mr. Utter stated that that had been brought to his attention and the operators of the fuel station will meet with the commercial boat owners concerning the hours of operation. He explained that under the terms of the public/private agreement, the private partners must complete the building by a certain time and they do not have to have any of the facilities in operation until all of it has been completed. He explained that at the City's request, they opened the fuel station early. Mayor Pro Tem Turner pointed out that there are a number of boat owners who go out early in the morning but they cannot purchase gas, and Mr. Utter assured her that he would work on this. * * Mayor Pro Tem Turner called for petitions or information from the audience on items not listed on the agenda. Mr. Vincent Lobada, a representative of Veterans' Organizations, referred to Veterans' Day and explained that they had visited people in Veterans' Hospital in Kerrville and at that time, they invited thirteen residents of the hospital to visit this City in March. He explained that they would be here from March 1 through March 6, and they wanted to provide special entertainment for the visitors. He asked that Saturday, March 3, be proclaimed "Victory in Grenada Day". Mayor Pro Tem Turner explained that the City Secretary will take care of that if he will contact him. There being no further business to come before the Council, on motion by Council Member McComb, seconded by Council Member Slavik and passed unanimously the Regular Council Meeting was adjourned at 6:14 p.m, February 22, 1984. Dz/rr