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HomeMy WebLinkAboutMinutes City Council - 10/09/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 9, 1984 2:00 P.M. Present: Mayor Luther Jones 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 City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Welder Brown, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Frank Mendez. 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 Mayor Pro Tem Betty Turner that the minutes of the Regular Council Meeting of October 2, 1984 be approved as presented; seconded by Council Member Berlanga; and passed unanimously. The following proclamations were scheduled for presentations during the week: "Court Observance Week" - 10/8-12/84; "Fire Prevention Week" - 10/7-13/84; "Crime Prevention Month" - October 1984; "Triathlon Day" - 10/13/84. Mayor Jones presented retirement plaques to the following employees: Employee Chloe M. Riddle *Delia Garcia John Slack *George Bernal Andrew W. Ordner Cayetano Martinez Department Park & Recreation Data Processing Fire Fire Fire Aviation Position Years of Service Account Clerk II Input/Output Supervisor Master Mechanic Fire Captain District Fire Chief Gardener II * These employees were unable to attend the Council Meeting. 11 30 33 11 38 37 MICROFILMED • nutes .gular Council Meeting October 9, 1984 Page 2 * * * * * * * * * * * * * Council Member Berlanga announced that he had received a bid or proposal on the Exposition Hall building, noting that it was turned in to him that day in accordance with the four week time limit. * * * * * * * * * * * * * Mayor Jones announced the bid opening on the following engineering project: McArdle Road Trunk Sewer Rehabilitation Project - This project includes the cleaning and sliplining of approximately 3,752 feet of 42 -inch diameter sewer line, including related work, and it involves the portion of the McArdle Road Trunk Sewer Phase II project previously abandoned by the contractor. Assistant City Manager James K. Lontos explained to the Council that four addendums were issued on this project and they should be acknowledged by all contractors. Mr. Lontos then opened bids from the following companies: Baytown Construction Co., Inc., Beaumont, Texas; Channel Construction Company, Channelview, Texas; Jalco, Inc., Houston, Texas; and Shurflo and John G. Holland, dba Slipliners, Houston, Texas. Mr. Lontos verified that all bidders had submitted the required bid security bond and had acknowledged receipt of all of the addendums. Council Member McComb inquired if there was some provision in the bid proposal to insure that the same company that had previously performed the work on this project had not submitted a bid under another name, and Mr. Lontos explained that they have to submit a disclosure statement indicating the principles in the company. Mayor Pro Tem Turner inquired if there was a provision that prohibited local companies from bidding on this project, and Mr. Lontos stated that the project was widely advertised but this is a speciality type of work and he is not sure that anyone locally handles this type of job. Mayor Jones inquired about the limits of the project and the anticipated time of completion. Mr. Lontos explained that the original contract began at Nile Drive and extended to Airline Road; one section was finished from Airline to Staples; and then to Carroll Lane and then half way to Staples. He explained that the McCullough Company had completed a portion of the job but this particular project begins at Dody Street and will extend to Carroll Lane. He stated that the number of working days is 150 or about 6 months. Mr. Lontos further explained that the project will be funded from the Sanitary Sewer Bond Fund and noted that the original contract provided for EPA participation for 75% of the project, but any amount over the cost of the original contract will be paid by local funds. Council Member Slavik inquired about the source of funds since the engineer's estimate was less than all of the bids received. •lutes .gular Council Meeting October 9, 1984 Page 3 Mr. Lontos stated that the staff will have a recommendation for the Council next week in regard to funding. Council Member Berlanga inquired if the street would be returned to its original condition after completion of the job, and Mr. Lontos stated that the City plans to restore the street to its original condition, but it will not be a new street. Several Council Members urged expediency on this project. * * * * * * * * * * * * * Mayor Jones called for Board and Committee appointments and reviewed the appointments discussed during the morning Workshop Meeting. A motion was made by Council Member Brown that the following appointments be confirmed, seconded by Council Member Guerrero and passed unanimously. a. Building Code Board of Appeals: Term: Darlene Painter (building industry) 5-04-88 b. Mechanical Advisory Board Alejandro Mejia (Master Plumber) 1-02-86 Jim Abernathy (Air conditioning) 1-02-85 Bill Collins (Not connec. with bldg. ind.) 1-02-85 c. Airport Advisory Board: Ruben Perez d. Bay Drilling Committee: Michelle Mueller e. Planning Commission: Joe L. Garcia f. Municipal Arts Commission: g• 4-04-85 12-31-84 7-31-85 Janice Clarke (Reappointment) 9-01-87 Lawrence Snyder (Reappointment) 9-01-87 Nelwyn Anderson (Reappointment) 9-01-87 Ccanie Freeman (Reappointment) 9-01-87 Jerry Trevino 9-01-87 Museum Advisory Board: E. A. Gibbs,Jr. (City) Reappointment 9-01-87 •lutes ,gulag Council Meeting October 9, 1984 Page 4 h. Ambulance Advisory Board: Virginia Brown (City) 8-08-87 i. Civil Service Board and Commission: Juan Gonzales 6-15-87 j. Landmark Commission: Olga Gonzales 11-20-85 * * * * * * * * * * * * * Mayor Jones deviated from the agenda to explain to the Council that he had requested that Mr. Jimmy Lyles of the Chamber of Commerce make a presentation to the Council in regard to their efforts to have Corpus Christi selected for the battleship homeporting. Mr. Lyles explained to the Council that they have spoken to many groups in the City about the homeporting. He stated that the area has one of the finest consulting teams in the United States working on this project. He then introduced Mr. Gerald Hansmire of Seattle, Washington, who has experience since he prepared a submission for the same type of project for that City. He stated that the other members of the team are Mr. Joe Moseley, Engineer from Goldston Corporation, and Captain Ted Simpson, retired Navy Officer. He explained that they call the project the South Texas Homeport rather than the City of Corpus Christi because it will actually serve a wider area than just the City. Mr. Lyles then displayed charts that are being used in the presentations and explained that there is a great deal of competition from other cities that are also bidding for this homeporting. He explained all of the requirements required for the submission to Washington. Mr. Lyles continued by stating that the impact of this military payroll alone is $50 to $60 million per year and it will include from 7,600 to 8,400 new residents for the community. He stated that the cost of building the homeport facility would be about $100 million. He stated that he and the Mayor are approaching all communities in the area. He explained that the homeporting will require about 100 acres of land to construct the Navy facility and this is an advantage to the City of Corpus Christi because there are four or five sites on which the group plans to make a presentation for the Navy. He stated that the Naval Air Station is one possible site, but it would require major dredging. He explained that they will show Navy representatives several possible sites so that they can make the decision as to which would be the best. He also explained that an environmental impact statement is required and it is very important that the City and the community support this project. Mr. Lyles stated that the time schedule would include the following dates: the week of November 11, 1984, the Navy will send a team to Corpus Christi to Ilillutes .gular Council Meeting October 9, 1984 Page 5 examine all sites that have been selected. He also stated that they plan to submit their bid to the Navy on December 7, 1984, but they are not finally due until January of 1985. He explained that they plan to submit it in person in Washington on that date. He expressed the opinion that Corpus Christi has an excellent opportunity to get the homeporting assigned to this City. He also warned the Council that the Navy will walk away from any submission that represents a City that does not support the project and that is the reason they are making so many presentations in regard to the project, to generate support by all citizens in the entire area. He explained that the funding for the submission includes $25,000 from each of the following: the City of Corpus Christi, the Port Authority and hopefully from Nueces County. He stated that they also hope that citizens will voluntarily contribute to this project because of its importance to the community. Mr. Lyles informed the Council that when the Navy team arrives in Corpus Christi, they hope to have flags flying, posters in many store windows, bumper stickers and a full public relations campaign. He noted that the slogan selected is "Corpus Christi is Navy Country" and pointed out that the Army, Coast Guard and Marines had been assured that this slogan was in no way to detract from the importance of their presence in our City. Mr. Lyles stated that he would like to have all of the Council Members support this project and talk about it as much as possible with anyone they come in contact with and if anyone has any questions to please have them call him and he will explain the project. Mayor Pro Tem Turner requested that the Council be provided with the dates on which they plan meetings so that some of the Council Members can attend the meetings in other cities and communities. Mr. Lyles stated that they plan to be in Portland, Wednesday at 8:00 a.m. to make a presentation to the Chamber of Commerce, and Thursday, 7:30 a.m., in Sinton for a presentation for the City Council and Chamber of Commerce, and explained that other arrangements will be made in other area cities. He stated that he would provide the schedule to the Mayor's Office. Mr. Lyles also suggested that citizens be urged to write to their Senators and Congressmen to indicate approval of this plan. *Council Member Charles Kennedy arrived at the meeting at 2:23 p.m. during the foregoing presentation. Council Member Berlanga stated that a Town Hall meeting is scheduled for October 25, 1984 on the westside and suggested that Mr. Lyles make a presentation at that meeting. * * * * * * * * * * * * * Mayor Jones referred to the emergency posting which calls for setting a date and time for hearing of Airline Ambulance appeal. City Manager Martin explained that their license has been suspended for five days and they want to appeal that decision. • lutes :gular Council Meeting October 9, 1984 Page 6 A motion was made by Council Member Guerrero that the hearing be conducted during the Regular Council Meeting on November 6, 1984, seconded by Council Member Mendez and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for consideration of the consent motions on the following items: 1. Authorizing the City Manager or his designee to transfer the bayfront surrey concession contract from D. J. Polinard and W. D. Boone, acting as a partnership, to Jomark Surreys, Inc., a Texas corporation. 2. Approving change order in the amount of $21,600 to the well drilling contract with Crowell Drilling Company for a total contract amount of $195,437. Council Member Mendez asked for an explanation of item 2, authorizing a change order. City Manager Martin explained that Crowell Drilling Company had made an error on their bid; even with the addition of the change order, it is still less than the second bidder; the company is only willing to drill one well at this price; therefore, the City plans to go out for bids again on this. Council Member Berlanga inquired about the number of wells that are available to the City at this time. He stated that he had received calls from citizens informing him that some wells had been drilled along the River and at the Lake a number of years ago. City Manager Martin explained that there are four wells in the body of the Lake itself; they have been uncapped; two are in operation and two cannot be placed in operation. He explained that in addition to that, on private property the City drilled seven to nine wells and the staff has made offers to all of those property owners to put those wells back in service and they are attempting to do that. Council Member Berlanga referred to the fact that the Council had authorized that wells be drilled but he questioned the source of the funds. City Manager Martin reminded the Council that they had approved a transfer of funds a few weeks ago in the amount of $600,000 and the cost of the wells will come from that source of funding. Mayor Jones requested that a map be provided the Council showing the location of the wells in operation. Mayor Jones then introduced former Mayor Ronnie Sizemore, and Council Member Slavik introduced Mrs. Ruth Gill, former Council Member, who were present in the audience. •rotes gular Council Meeting October 9, 1984 Page 7 3. Authorizing the City Manager or his designee to execute a grant agreement together with a receipt, indemnity and hold harmless agreement authorizing acceptance of a grant from the John G. and Marie Stella Kenedy Memorial Foundation in the amount of $324,199 for the purpose of purchasing equipment and furniture for the new Corpus Christi Central Library. 4. Authorizing the City Manager to execute a contract with the Texas Department of Health for funding and staff to continue to provide basic public health services in Corpus Christi during the year September 1, 1984, through August 31, 1985. This is a continuation of the current contract. 5. The following actions be taken on the Blucher Park Area Relocation of Utilities and Drainage Improvement project: 1. The contractor be granted a 15 -day time extension against a 23 -day time overran due to extra work added by change order and utility delays, and he be charged liquidated damages for the remaining 8 days at a rate of $100 per day for a total of $800. 2. The project be accepted, and final payment of $25,710.55 be authorized to J. D. Construction and Refinery Maintenance, Inc. The total cost of this 9th Year Community Development Block Grant Project is $206,408.50. 6. Plans and specifications for Corpus Christi Beach Parking and Site Improvements be approved and bids be received on November 13, 1984. A total of five parking lots will be provided along with a comfort station/shower facility, play areas, landscaping and picnic shelters. This project is being bid as two separate projects to create bidder interest, and is proposed to be funded by a matching grant from the Texas Parks and Wildlife Department and 9th Year Community Development Block Grant Funds. 7. Accepting the Security Fence Improvement project at Corpus Christi International Airport and authorizing final payment of $19,617.06 to Texas Fence, Inc. It is further recommended that the contractor be granted a 9 day time extension to supplement the 35 working days allotted for the project due to delays caused by having to work around a second contractor at the Airport and waiting for underground petroleum lines to be located. This project provided for the installation of 9,017 linear feet of fence on the Airport property at a total cost of $41,698.47, which is being funded 90% by the Federal Aviation Administration and 10% by the City. Mayor Jones referred to item 6 and inquired if the Corpus Christi Beach Association was aware of the plan. Assistant City Manager Tom Utter stated that the parking plans have had significant public exposure; the Corpus Christi Beach Property Owners Association has examined and approved them, as well as other organizations, and the affected Boards have also approved the plans. • lutes ,gular Council Meeting October 9, 1984 Page 8 Council Member Berlanga inquired if the City was doing anything to prevent erosion of the beach. Mr. Utter explained that a large amount of sand has been lost, particularly at the north end of the beach. He explained that under the contract with the Corps of Engineers, at the end of the first five year period, the Corps and the City jointly are required to renourish the beach, and at the end of ten years, the City is responsible for renourishment, but since the north end is eroding very badly, the staff asked the Corps of Engineers to consider a rock groin to eliminate that erosion. He stated that the Corps of Engineers estimates that such a groin would save the City a considerable amount of funds in the renourishment cost. 8. Accepting the Wooldridge -Staples Drainage Channel Phase II project and authorizing final payment to the Goldston Corporation in the amount of $16,074.27. The total cost of this project, which provided for completion of the Wooldridge -Staples Drainage Channel from Airline Road to the area of the Brandywine Subdivision, is $74,315.72. 9. The Air Conditioning Modifications project at the Bayfront Plaza Convention Center be accepted and final payment of $26,154.12 be authorized to Anslinger, Inc. This project included the installation of a 450 -ton backup water chiller to provide reliability of air conditioning at the Convention Center and also included additional wall insulation, heating system modifications and electrical work. The total cost of this project was $256,996.02. 10. The following actions be taken on the Animal Shelter Improvement project: 1) The contractor be granted a 47 -day time extension against a 94 -day time overrun due to additional work added by change order, and the fact the City had placed the building in use, and he be charged liquidated damages for the remaining 47 days at a rate of $100 per day for a total of $4700. 2) The project be accepted and final payment of $28,806.43 be authorized to the contractor, American Roofing and Construction Company. The total cost of this 1977 bond project was $288,739.30, which provided for the construction of a new quarantine building and kennel building and other items of work such as fencing and paving at the Animal Control facilities on Navigation Boulevard. 11. Specifications be approved and bids be received on October 31, 1984 for additional supplemental water wells in the Lake Corpus Christi area. 12. Plans and specifications fcr Lexington Industrial Center and Manchester Place/Dona Park Sanitary Sewer Extensions be approved, and bids be received on November 6, 1984. This project provides for minor sanitary sewer extensions to serve the Lexington Industrial Center in the Flour Bluff portion of the City and the relocation of an 8 -inch sanitary sewer in the • utes ,gular Council Meeting October 9, 1984 Page 9 west portion of the City at Dona Drive and Up River Road, to facilitate a storm sewer project. 13. Consideration of a revised site plan attached to the Special Permit Ordinance No. 17501 approved on March 2, 1983 for Messrs. Adolf, Joe, Manuel and Alfonso Gonzales and Ms. Rosa Gonzales on a 5 acre tract of land out of Lot 12, Section D, Paisley Hoffman Tract, located on the south side of Gollihar Road approximately 96 feet west of Castenon Street. The Staff recommends approval of the revised site plan. Mayor Jones referred to item 10 and inquired if contractors who are late are notified in writing that they will be assessed $100 per day. Assistant City Manager James K. Lontos explained that this company has been informed of this by the engineering staff and they agree with this recommendation. Mr. Lontos further explained that although contractors do not receive a letter specifically, every month they do receive an estimate and they are paid each month accordingly and that on that form the number of days they are late is indicated. Council Member Slavik referred to item 11 and discussion followed on water wells and Mr. Martin explained that a well with stainless steel casings will cost between $225,000 and $250,000 and will produce about 1 million gallons per day. He also mentioned other costs such as leasing land, etc. Mayor Jones called for comments from the audience on the consent motions and there was no response. A motion was made by Council Member Mendez that the Consent Motions, items 1 through 13, be approved; seconded by Mayor Pro Tem Turner; and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances on items 14 through 25. Council Member Guerrero referred to the first reading of the ordinance listed as item 21, increasing the splash party fees at the City's swimming pools and objected to the larger increase at Greenwood Pool of $25 per hour, because it is in the poverty area of the City. He stated that he has no objection to increasing the fees at the other pools but he felt that this one should be less than that recommended. Mr. Terry Dopson, Director of Parks and Recreation, explained that this increase only affects people who rent the entire pool, such as school groups or other clubs or organizations. Council Member Kennedy pointed out that Greenwood Pool is more expensive because it is so much larger and requires more personnel, and Council Member Brown pointed cut that some of the parties booked at that pool could actually be from other areas of the City. Mr. Dopson confirmed these statements, stating 11 lutes .gular Council Meeting October 9, 1984 Page 10 that the pool is usually rented by large groups. Council Member Guerrero stated that he still objected to the larger increase of fees at Greenwood Pool but did not object to the increase at West Guth and Collier Pools. Mr. Dopson explained that the rates included the cost of lifeguards. He stated that this was placed on the agenda today because of an error made in the ordinance increasing fees in 1984, which inadvertently picked up the schedule of the 1980 fees and included them in the ordinance. He explained that this increase actually just reinstates the fees that were established in 1982, explaining that the splash party fees have been the same since 1982. Council Member Berlanga inquired if there are any other pools on the westside that are smaller than Greenwood, and Mr. Dopson stated that the only other pool would be the Boy's Club pool. Mr. Dopson explained that the $25 fee includes five lifeguards which are required at Greenwood Pool and supervision, whereas West Guth and Collier pools require two or three lifeguards. City Manager Martin pointed out that this is just to correct an ordinance and establish the fees that have been charged between 1982 and 1984. Council Member Guerrero stated that he will vote against increasing the Greenwood fees for private parties. Council Member Slavik pointed out that these fees are very reasonable and most people who have swimming parties usually can afford to pay for the parties. Mayor Pro Tem Turner referred to item 14 which is a resolution commending the Junior League on the Bayfest '84 event. She stated that the resolution expressed appreciation to the Junior League but did not include the fact that Athena Cablevision was responsible for bringing the Disney characters to Corpus Christi and suggested that the resolution be amended to reflect their part in the event. The other Council Members indicated their concurrence. Council Member Slavik stated that she plans to vote against item 20 which authorizes "AB" zoning on Mr. Nathan Friedman's zoning case. Council Member Slavik then referred to ordinance 15 which appropriates $770 for appraisal services in connection with the Bayfront Science Park Project and inquired as to when the Council will receive copies of the appraisal. Assistant City Manager Lontos stated that the staff has the appraisal. City Manager Martin explained that the appraisal would not be made public because they are trying to negotiate with the owners for the purchase of the property and if the staff is successful, an item will be presented to the Council recommending purchase of the property. He explained that there is no urgency on this, but they would like to have an opportunity to negotiate with the property owner. • lutes =gular Council Meeting October 9, 1984 Page 11 Mayor Jones ascertained that no one in the audience wished to speak on the Consent Ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed. 14. RESOLUTION NO. 18497 EXPRESSING THE COMMUNITY'S APPRECIATION TO THE JUNIOR LEAGUE OF CORPUS CHRISTI FOR THE SUCCESSFUL BAYFEST CELEBRATION AND EXTENDING SPECIAL THANKS TO ATHENA CABLEVISION OF CORPUS CHRISTI FOR BRINGING THE DISNEY CHARACTERS TO BAYFEST. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye". 15. ORDINANCE NO. 18498 APPROPRIATING $770 OUT OF THE NO. 209 COMMUNITY CONVENTION FACILITY BOND FUND FOR APPRAISAL SERVICES IN CONNECTION WITH THE BAYFRONT SCIENCE PARK; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye". 16. ORDINANCE NO. 18499 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 5 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $14,818; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye". 17. ORDINANCE NO. 18500 CLOSING AND ABANDONING THE 20 FOOT BY 50 FOOT UTILITY EASEMENT ADJACENT TO SOUTH PADRE ISLAND DRIVE IN LOT 1B, BLOCK 1, NEWPORT MARINA ESTATES, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended following vote: Jones, Turner, Mendez, and Slavik voting "aye". 18. ORDINANCE NO. 18501 and the foregoing ordinance passed by the Berlanga, Brown, Guerrero, Kennedy, McComb, AUTHORIZING REIMBURSEMENT TO HENRY TUCKER FOR INSTALLATION OF APPROXIMATELY 1,471 LINEAR FEET OF 20 -INCH DIAMETER WATER GRID MAIN; APPROPRIATING $32,255.07; AND DECLARING AN EMERGENCY. utes _gular Council Meeting October 9, 1984 Page 12 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye". 19. ORDINANCE NO. 18502 CLOSING AND ABANDONING THE 5 FOOT WIDE UTILITY EASEMENT IN LOT 13A, BLOCK 11, COUNTRY CLUB ESTATES UNIT 23, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye". 20. ORDINANCE NO. 18503 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF NATHAN FRIEDMAN, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 17, BLOCK 14, LAWNDALE SUBDIVISION, FROM "R -1B" ONE-FAi4ILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, and Mendez voting "aye"; Jones and Slavik voting "nay". 21. FIRST READING AMENDING THE CODE OF ORDINANCES, CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, SECTION 36-7, SWIMMING POOL RATE SCHEDULE, TO INCREASE SPLASH PARTY FEES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Brown, Kennedy, McComb, Mendez, and Slavik voting "aye"; Berlanga and Guerrero voting "nay". 22. FIRST READING CLOSING AND ABANDONING ALL 20 FOOT WIDE DEDICATED ALLEYWAYS IN BLOCK 20, CALALLEN TOWNSITE; PROVIDING FOR THE REPLAT OF SAID PROPERTY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye". 23. SECOND READING AUTHORIZING AN AMENDMENT TO CENTRAL POWER AND LIGHT COMPANY'S EXISTING TARIFF SCHEDULE TO PROVIDE A NEW RATE FOR HIGH PRESSURE SODIUM VAPOR STREET LIGHTING OF 5800 LUMEN. lutes .gular Council Meeting October 9, 1984 Page 13 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye". 24. ORDINANCE NO. 18504 CLOSING AND ABANDONING THE 20 FOOT WIDE STREET RIGHT-OF-WAYS IN LOTS 2, 3, 6, 7, 10, 11, 13-20, 22, 23, 26, 27, 29-32, 33-36, 38, 39, 42, 42, 46, 47, 49-51, 54-59, 61-80, 84, AND 92, ARTEMUS ROBERTS SUBDIVISION; PROVIDING FOR THE REPLAT OF SAID PROPERTY. The foregoing ordinance was read for the third and final time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye". 25. ORDINANCE NO. 18505 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI LAND VENTURE ASSOCIATES FOR THE ANNEXATION OF APPROXIMATELY 488.11 ACRES OF LAND BEING A PORTION OUT OF LOTS 20 THRU 23, 26 THRU 32 AND ALL OF LOTS 24 AND 25, SECTION 10, PORTIONS OUT OF LOTS 1, 4 THRU 7, 16 THRU 20, ALL OF LOTS 2, 3, 8 THRU 15, FRACTIONAL SECTION 9, A PORTION OF LOT 1, FRACTIONAL SECTION 8, AND LOTS 25 THRU 32, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS, BEING PLATTED AS KING'S CROSSING UNIT I; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third and final time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye". * * * * * * * * * * * * * Mayor Jones called for consideration of the motions from the Regular Agenda on the following items: 26. Approving installation of temporary traffic signal lights at the intersection of Kostoryz and Sokol Street. Council Member Guerrero stated that the same condition still exists at this intersection and an accident occurred at the intersection last week. Mayor Jones pointed out that the signal light is scheduled to be installed in May of 1985 and approval of this item would require a cost of approximately $10,000 for the temporary traffic signals. He questioned the expenditure of $10,000 for something that is already on the City's schedule. Council Member Slavik stated that after she had read the information provided the Council on this item, she plans to vote against approval. Sutes _gular Council Meeting October 9, 1984 Page 14 Mr. Tom Stewart, Director of Transportation, explained that the City could not go cut for competitive bids on this and they would have to purchase the mast arms for the installation. Mayor Pro Tem Turner expressed the opinion that it is not the Council's role to decide which traffic light should be installed. Mr. Stewart stated that the material requesting the receipt of bids will be in the Purchasing Department very soon. He stated that they have not been ordered yet because the staff has been involved in some community development projects in the downtown area, which the Council indicated had a higher priority. City Manager Martin stated that there has not really been a delay because this was included in the 1982 Capital Improvement Program and some of the projects were not to be completed until 1985. He pointed out that the signalization program was actually for five years and the Council actually set other priorities on the signalization. He stated that the staff is still on the schedule that was presented to the Council in April. Mayor Pro Tem Turner inquired about the cost to install a temporary fixture and if the entire equipment would have to be replaced when new equipment is received. Mr. Stewart stated that it would cost approximately $11,500 and at a later date the additional cost would be $8,000. Council Member McComb stated that there are some intersections where he would like to have signal lights immediately, but he was of the opinion that the Council should concur with the program that had already been established in order to have a systematic approach. Mr. McComb also questioned the method of the attempt to get this approved last week when three Council Members were not present. There were no comments from the audience on item 26. A motion was made by Council Member Guerrero that item 26 be approved, seconded by Council Member Berlanga. The motion failed to pass by the following vote: Berlanga, Brown, Guerrero and Mendez voting "aye"; Jones, Turner, Kennedy, McComb, and Slavik voting "no". 27. Approving the recommendation of the Park and Recreation Board that a formal policy for naming parks and park facilities be adopted. This policy would cover donations of land and facilities, subdivision dedications, and requests for changing of names of parks and park facilities. Council Member Berlanga stated that he was of the opinion that the Park and Recreation Board had done a good job of studying this problem, but stated that he would like to have this tabled for one week in order for the Council to consider it further. Council Member Berlanga then made a motion that item 27 be tabled for one week, seconded by Council Member Slavik and passed unanimously. lutes a .gular Council Meeting October 9, 1984 Page 15 *28. The following actions be taken regarding bids on street maintenance materials scheduled to be received Wednesday, October 10, 1984: *a. That the bid date be changed to October 24, 1984; b. That an alternate bid also be requested for Item 3.0 precoated aggregate, for precoated limestone item PE conforming to State specifications. This alternate bid is not equal to base bid Item 1.0 precoated aggregate item PE; c. That alternate equal be substituted for Item 4.0 (blackbase material) to include sandstone and limestone conforming to State's specification Item No. 332.2 (2) for special aggregate; d. Item 1.0 and 2.0 relating to rock asphalt Type B and Type CC remain unchanged. *This item was amended see page 19. Assistant City Manager Lontos provided background information on this item and stated that some suppliers of limestone and sandstone rock have requested that the bid specifications be changed to include precoated limestone and precoated sandstone instead of limiting it to precoated aggregate. Mr. Lontos explained that in terms of using the latest innovations and increasing productivity and stability of the street materials, the Street Division has adopted the method that includes the use of High Float Rapid Set asphalt emulsion containing a polymer as an additive which is followed by the placement of precoated rock on the oil coated surface with a spreader box, then flat wheel and pneumatic rollers are used to set the material in place. He stated that the Street Division staff involved in the maintenance of streets do not think that the substitution of the precoated limestone and sandstone would be equal or better than the specified naturally impregnated asphalt rock, which can be supplied by White's Mines in Uvalde. He stated that it is the staff's opinion that the Uvalde naturally impregnated rock is the very best material available and works well with the City's street maintenance program. He informed the Council that Mr. Richard Mitchell, Street Superintendent, was present to answer any questions about this rock that they might have. He stated that the staff agrees that the other types of rocks could be bid as an alternate and a determination could then be made as to which bid should be accepted. Council Member Berlanga inquired if Mr. Lontos meant that he would allow the companies' representatives who have objected to the specifications of naturally impregnated rock to present bids for alternate types of rock. Mr. Lontos agreed that they will accept bids on both types of rocks if the limestone or sandstone meet the specifications. He stated that following the receipt of bids, the City Council could make the determination as to which source of rock should be awarded the bid. He reiterated that the staff does not think that they are equal alternates because with the naturally impregnated rock from Uvalde, the Street Division crews can perform more and better work. a lutes _gular Council Meeting October 9, 1984 Page 16 Council Member Berlanga inquired if there is any waste with the other material, and Mr. Lontos stated that the staff is of the opinion that more limestone or sandstone rock is lost because it does not penetrate into the surface of the street with the High Float Rapid Set asphalt emulsion containing a polymer as an additive that is used in the street work. City Manager Martin pointed out to the Council that the City has been using this rock for many years. Mayor Jones then called for comments from the audience. Mr. Kenneth Berry, 1029 Comal, presented copies of his presentation and a brochure of his company, Berry Contracting, Inc., which has the following subsidiaries: Bay, Inc., Berry Fabricators, Berry Industrial Piping and Lone Star Equipment Company. Mr. Berry pointed out to the Council that company -wide they employ 700 people which translates to approximately $15 million infusion into the local economy of salaries alone. Mr. Berry continued by stating that he objected to the serious matter of purchasing materials which are available from only one source, since the City's specifications call for the bid of naturally impregnated rock asphalt, a material which is available from only one source, the Uvalde area. He stated that they object not only to the practice of listing a material that is available from only one source, but they also question the reasons for the decision. Mr. Berry stated that his company has facilities located only 70 miles from Corpus Christi and this money has been spent in the form of wages and local material purchases. He stated that the rock from the location his company owns has been tested and has been used successfully on many municipal streets as well as state highway systems. Mr. Berry continued by stating that they have found no testing department either private, municipal, county, or state, that would take the stand that the rock they produce is not equal to the Uvalde rock produced by White's Mines. Mr. Berry referred to the statements made by Mr. Lontos in his memorandum of October 3, 1984. He took exception to many of the statements made by Mr. Lontos in the memorandum and explained why he was of the opinion that they were not based on. facts. Mr. Berry alleged that the test procedures used by the City are biased and unfair and stated that there should be no special deals for the Uvalde rock that do not apply to the alternates, because he felt that making the alternate materials meet specifications that have never been used in this area such as the freeze/thaw test and salt test, which have been used primarily in the freezing areas of the northern United States, seemed questionable. He suggested that when the City Council asked the City staff to investigate their request and provide an in depth report on this subject, he felt that the staff should have investigated it and checked with the local State Highway Department, local testing laboratories, contractors, and other individuals who work with aggregates and rock products routinely. He stated that he felt that it is obvious that the staff has not attempted any detailed research into the matter rutes ;gular Council Meeting October 9, 1984 Page 17 prior to their recommendation to the Council. He pointed out that rather than the detailed research, a superficial and non-factual report, including biased testing procedures, was submitted in order to support the staff's original recommendation. Mr. Berry informed the Council that they, as businessmen, taxpayers, and citizens of Corpus Christi, object to the fact that the City staff would prefer to give a single supplier an opportunity to sell his material knowing that he has no other competition. He also pointed out that the City will pay in excess of $1 million for this product included in the specifications and they objected to sole source purchasing, which should not be utilized by the City of Corpus Christi. Mr. Berry summarized his statements by stating that the fact is limestone aggregate and sandstone are equal to the Uvalde rock produced by White's Mines and pointed out that all materials should be tested by the same procedure regardless of their origin and that there should be no favoritism. He stated that they would like to see a change in the specifications from precoated aggregate item PE to PB rock and they would like to have them tested equally. Mr. Richard Mitchell, Street Superintendent, addressed some of the remarks made by Mr. Berry and stated that through his experience in using the materials included in the specifications, he has found that the High Float Rapid Set asphalt emulsion containing a polymer as an additive works better with the precoated rock asphalt found in Uvalde and results in a more durable street. Council Member Mendez referred to the testing procedures and inquired if the same test had been conducted on both the rock produced by White's Mines and the other precoated limestone and sandstone. Mr. Mitchell stated that it has been used on Weber Road, south of Saratoga. Mr. Mitchell continued by stating that he had contacted several cities and none of them are using the rock Mr. Berry mentioned. Mayor Pro Tem Turner agreed that most of the Council Members would prefer that the city not list a sole source for any material. Mr. Ronnie Sizemore, 10001 Leopard, expressed support of Mr. Berry and the Bay, Inc., materials. He stated that he has been in the asphalt business for many years and has used Uvalde White's Mines rock, but noted that they have also used the Bay rock in the process that they use now, but it is not the same process that the City utilizes. Mr. Sizemore stated that he felt that the primary issue is the matter of including in specifications an item that does not inspire competition. He expressed the opinion that the City should go through the competitive process by allowing different types of rock to be bid because both types meet state and county specifications. Mr. Sizemore agreed that the City's process has proven to be a gecd one but he felt that the Bay rock is comparable to the Uvalde Rock because for his company both rocks have proven to be good. .• lutes ,gular Council Meeting October 9, 1984 Page 18 Council Member Slavik inquired if the City could save money by using the Bay rock, and Mr. Sizemore stated that he did not know but he felt that they should be allowed to submit a bid. Further discussion followed on the quality of both types of rock. Mr. Lontos pointed out that the City's experience indicates that the process that they have been using extends the life of a street. Mr. Mitchell further explained the practical use of the High Float Rapid Set asphalt emulsion containing a polymer as an additive which works very well with the naturally impregnated rock asphalt. Council Member McComb pointed out that the City plans to take alternate bids, but Mr. Berry is concerned that the Uvalde rock will not be tested as severely as his rock. Mr. Mitchell assured him that they will both be tested by state requirements. A motion was made by Council Member McComb that the City Council approve the staff recommendation for alternate bids, but that both materials must be tested equally and the City Council will make the decision after the testing. Mayor Pro Tem Turner stated that she has a question as to whether the PE listed in the specifications should be changed to PB as requested by Mr. Berry. City Manager Martin stated that they are two separate issues and the City staff will require that they both stand the same test to meet the quality. He stated that there is no problem with the testing procedures and the City staff is now recommending that bids be received as alternates so that price will not be the only factor. He explained that if the Council makes the determination that one type of rock is 5% more expensive but is really 10% more effective, then they would make a good decision to approve the purchase of the more expensive rock. Mayor Jones inquired if the wording as listed on the agenda provides an equal opportunity for bidding, and City Manager Martin suggested that the Council add the caveat that both products must meet the same testing requirements. He stated that any supplier of rocks would be able to bid under those conditions. Mr. Martin also suggested that the bid date be changed to November 7, 1984. A motion was made by Council Member McComb that his motion be amended to change the date from October 24, 1984 to November 7, 1984, and that all materials have the same test applied. Mayor Jones repeated the motion, stating that Mr. McComb has made a motion to approve item 28 with the following changes: the bid date be changed to November 7, 1984 and the statement that all products must meet the same testing requirements be added. nutes �gular Council Meeting October 9, 1984 Page 19 Council Member Kennedy stated that he did not want to become an expert in rock and he felt that the Council should approve this item and make the decision after the bids are received. Dr. Kennedy seconded Council Member McComb's motion. Council Member Mendez stated that he could concur with the motion if the Council all agree that the only difference is the impregnated rock. He stated that he did not believe that it should be an alternate bid because he felt that the specifications should allow for bidding both rocks and after the Council has the test results, they can make the determination as to whether or not both types of rocks meet the criteria and which the City should purchase. Mr. Mendez expressed the opinion that the City specifications should not include products that have only one source. Council Member Berlanga stated that he did not know why the staff prefers the Uvalde rock because Mr. Sizemore stated that both rocks are comparable. Mr. Marty Berry addressed the Council and demonstrated the difference between the three types of rocks by displaying them for the Council. He stated that they would like to see the specifications changed from PE to PE and all of the companies would be bidding equally because there are many producers of one type of rock. He expressed the opinion that all three rocks are comparable and equal. Mr. John Perrucci of Oceanside Asphalt, Inc., addressed the Council and stated that impregnated rock is prepared by the addition of an oil referred to as flux oil. He stated that the City is using the highest priced oil in the state for this purpose. He also expressed the opinion that there is no difference in the rock because when it is applied properly, then the rocks are equal. He pointed out that the Street Division uses an emulsion that works better with Uvalde rock and that is the reason they want to receive bids on only one product. Mr. Cecil Holloway, representing White's Mines, explained the fact that they are the only producers of the Uvalde rock in the state. He explained that this just happened in the last three months because they purchased the assets of the other company, but assured the Council that they supply a good, high quality rock. Mayor Jones called for the vote on the motion to approve the amended item number 28 and it passed unanimously. (Listed below are the amended portions of the item:) a. The bid date be changed to November 7, 1984; and e. Both products must meet the same testing requirements. * * * * * * * * * * * * * • lutes .gular Council Meeting October 9, 1984 Page 20 Mayor Jones announced the public hearing on the following street closing: 29. Street Closing - South one half of Glenoak Drive from Roscher Road westerly to the Cayo Del Oso and approximately 225 feet of the west half of Roscher Road south of Glenoak Drive. The request is made concurrently with the platting of Bishop Estates Unit 2 abutting these roadways and neither of the roadways are improved. Mr. Gerald Smith, P.E., City Engineer, explained that the request is to close one-half of Glenoak Drive which is an unopened but dedicated street in Flour Bluff. He pointed out the location on a transparency and called the Council's attention to the fact that it extends to the Cayo del Oso. He explained that this street closing request is before the Council because of the submission of a plat to the Planning Commission for Bishop Estates Unit 2. He stated that the Planning Commission had requested this as a plat requirement. He explained that the Master Transportation Plan allows for Roscher Road to be realigned and stated that there are no utilities existing or proposed for Glenoak, but the staff is opposed to the closing because this is one of the few streets that provides access to the Cayo del Oso even though there are no plans at this time to extend the street. He pointed out Caribbean Drive, which has been closed by Council action, therefore the staff recommends that this request be denied in the event that there is a need for the street at a later date. Council Member Slavik inquired if anyone had expressed opposition to this and Mr. Smith stated that his office had received no response to the notices of the public hearing but there might be people present who are opposed to this or in favor of it. Council Member Kennedy inquired if Mr. Smith had a larger map that would more clearly show the entire area, and Mr. Smith stated that he would have one brought to the Council Chamber. Mayor Jones called for comments from the audience. Mrs. Rose Sheffield, 3418 Charlotte, expressed opposition to the closing since there is no other possible access to the Cayo del Oso in this area. Mr. Chuck Urban, Urban Engineering, representing Mr. Bishop, explained that this particular street closing was initiated by the Planning Commission when his company submitted the Bishop plat. He pointed out that at this time, this is just a brush area, and there has never been even a dirt road. He also stated that the property in the area consists of rural estate -type lots. He explained that if this is not approved, he would like to table the matter until he can discuss it with his client. Mayor Jones asked for an explanation from Mr. Wenger in regard to the Planning Commission suggestion that the street be closed. Mr. Larry Wenger, Director of Planning, explained that the Planning Commission considers plats and the developer did not wish to dedicate the street right-of-way, so his only alternative was to request that this portion of the street be closed. He concurred that the lots are very large. 1111/ lutes .gular Council Meeting October 9, 1984 Page 21 Mr. Lontos informed the Council that previous Council decisions and staff recommendations have been made in regard to retaining right-of-way to water areas. He agreed from a Planning standpoint, it seems reasonable to close the street, but other Councils have made decisions not to close streets leading to the water. Mr. Urban informed the Council that he and his client have gone through all of the proper procedures and are waiting for the plat to be signed and the developer is of the opinion that everything is ready to be completed. Mr. Smith informed the Council that the developer does not plan to use that 20 foot access and there is no requirement for paving it. Speaking in opposition to the street closing was Mr. Galen Westwick who suggested that when the Council is in doubt about closing a street, it should not be done. A motion was made by Council Member Slavik that the hearing be closed, seconded by Council Member Brown and passed unanimously. Mr. Smith displayed a larger map as requested by Council Member Kennedy which showed the location of the Glenoak extension and its relationship to other streets in the area. Mayor Pro Tem Turner pointed out that Glenoak is the only possible access to the Oso in that area. A motion was made by Council Member Guerrero that the request to close the street be denied, seconded by Council Member Slavik, and passed unanimously. * * * * * * * * * * * * * Mayor Jones announced the public hearings on four zoning cases - 30. Application No. 984-5T - Ms. Agnes L. Polasek: Text Amendment to the Zoning Ordinance to amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.75 setting forth classifications of "A-1" Apartment House District and "B-4" General Eusiness District on a described tract of land when annexed to the City of Corpus Christi, Texas, being 42.6± acres out of Lots 14, 15 and 16, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of South Staples Street and Yorktown Boulevard. Assistant City Manager Tom Utter informed the Council that in response to the notices of the public hearing, two in opposition had been returned. He stated that the Planning Commission and Planning staff both recommend approval. Mayor Jones ascertained that no one in the audience wished to speak in opposition to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. • lutes :gular Council Meeting October 9, 1984 Page 22 City Secretary Read polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 30. ORDINANCE 18506 AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 SUBSECTION, 31-5.75, SETTING FORTH ZONING CLASSIFI- CATION OF SAID AREA OF LAND DESCRIBED AS TRACTS 1 AND 2, BEING PORTIONS OUT OF LOTS 14, 15, AND 16, SECTION 10 FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez, and Slavik voting "aye"; McComb absent at the time the vote was taken. * * * * * * * * * * * * * 31. Application No. 984-4T - Tristar Development, Inc.: Text Amendment to the Zoning Ordinance to amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.74 setting forth a zoning classification of "AB" Professional Office District on a described tract of land when annexed to the City of Corpus Christi, Texas, being 11.29± acres out of Lot 15, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of Everhart Road, at the intersection of Yorktown and Everhart Roads. Mr. Utter stated that in response to the four notices of the public hearing, one in opposition had been returned and none in favor. He stated that both the Planning Commission and Planning staff recommend approval. No one spoke in opposition to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 31. ORDINANCE 18507 AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 SUBSECTION, 31-5.74, SETTING FORTH ZONING CLASS- IFICATION OF SAID AREA OF LAND DESCRIBED AS A PORTION OF LOT 15, SECTION 6 FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye". * * * * * * * * * * * * * 4111,111 lutes .:gular Council Meeting October 9, 1984 Page 23 32. Application No. 984-2 - Omni Interests, Inc.: For a change of zoning from "B-4" General Business District and "A-2" Apartment House District to "I-2" Light Industrial District on Lots 1 and 2, Block 4, of the Partition of Portions of J. C. Russell Farm Blocks, located on the northwest corner of Flato Road and Bear Lane, approximately 600' east of South Padre Island Drive. Mr. Utter informed the Council that in response to the four notices of the public hearing, one in opposition had been returned and that both the Planning Commission and Planning Staff recommend approval. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. He stated that the owner of the property is PID, Joint Venture and the applicant plans to trade the land for the purpose of relocating the State Department of Highways and Public Transportation regional headquarters. Mayor Jones called on the applicant to speak. Mr. Horace Flato, speaking on behalf of Omni Interests, Inc., explained that they wanted to purchase this land in order to exchange it for land owned by Texas Highway Department to accommodate a new regional headquarters building with storage on the rear of the property. Mr. Flato pointed out to the Council that this area is an industrial area and he felt that the proposed use is compatible with the surrounding uses. He reminded the Council that the Highway Department does excellent work on their building and provides outstanding landscaping with everything kept neat and orderly. Mr. Flato reminded the Council that on February 15, 1984, a zoning change was approved for extensive land in the area to be zoned from "AB" to "I-2". He stated that the only concern during that public hearing was the traffic to Flato Road which feeds out on to Highway 44. He reiterated that the trend and compatibility is already in that area. Speaking in opposition to the zoning application was Mr. Ramon Hinojosa, Superintendent of Schools for the West Oso Independent School District, who explained to the Council that the school district likes good neighbors and they would enjoy having the Highway Department as neighbors, because he agreed that they do keep their grounds and building in good condition; but, he objected to the plan to store diesel and fuel oils in the rear portion of their property which is right next to their school property. He also stated that it would create additional traffic with the trucks entering and exiting the property. He expressed the opinion that this operation might present a danger to the school. Mayor Jones inquired if this property would be taken off the tax rolls if the Highway Department constructs a facility, and Mr. Utter replied in the affirmative. Council Member Kennedy made the observation that the only time that West Oso Independent School District has ever come down here in the four years that he has been on the Council is if any zoning would add more students or take property off the tax roll, then they are always opposed to it. He expressed the • nutes ,igular Council Meeting October 9, 1984 Page 24 opinion that storage of materials would be a safe operation and after everything is stored there, there would not be that much traffic generated. Mr. Hinojosa stated that he has only been to Council meetings twice. He agreed that they would like to have additional money in their tax base, but the reason he is opposing this request is because of the possible danger because of the storage facility. Council Member Kennedy reiterated that every time an increased tax base is involved, West Oso ISD is in favor of the zoning change, but every time more children would be added to the school district, they are opposed to the change of zoning. Council Member Brown pointed out that this facility would be right next to the high school. He stated that he too was concerned about the gasoline storage and the possible danger to the school district property. He also pointed out that the Highway Department would not bring any financial assistance to the school district, therefore he is opposed to this change of zoning. Mayor Jones inquired if there is any relationship between approval of this and cbtaining the right-of-way through the Omni property for future extension of the Crosstown Expressway. Mr. Utter stated that that possibly could be true and pointed out that he thought that this was one of the more important things that Omni is trying to do in their very large development. He pointed out that the Highway Department has always maintained their facilities in first-class condition. He reminded the Council that an application was made to rezone this same property for a mobile home park and that was denied by the City Council because of the opposition of the West Oso Independent School District. He referred to the storage of gasoline and assured the Council that the storage would be in accordance with the building code. He pointed out that this is actually a governmental entity and the Highway Department has always been a good neighbor and they will not allow hazards to exist on the property. Council Member Guerrero explained that Mr. Hinojosa is appearing on behalf of the West Oso Independent School District and stated that he would not be happy about having this land taken off their tax rolls either. He stated that he will vote in opposition to the change of zoning. Council Member Berlanga expressed ccncern about the traffic that will be generated and asked about the zoning on the property to the south. Mr. Utter stated that that is all zoned "1-2". Council Member Mendez explained that Mr. Hinciosa is concerned about the school district. He pointed out that he was not opposed to the zoning of "I-2" across the street because it increased their tax base. He, too, expressed the opinion that there should be concern about the traffic. 11111 lutes .gular Council Meeting October 9, 1984 Page 25 Council Member McComb expressed appreciation to Mr. Hinojosa for presenting the School District's viewpoint. He pointed out that there will not be children walking across Padre Island Drive and the traffic would not present a hazard to them. He stated that he would really hate to have this application denied, since there is such a need to have the Crosstown Expressway extended and this might help in that situation if the City had the right-of-way. He reminded the Council Members that Omni has indicated that they will provide right-of-way for the Crosstown Extension. He noted that there could be a lot worse use in "I-2" zoning than having the Highway Department as a neighbor. Council Member Kennedy noted that if a special permit is approved, the Council could dictate where the exits and entrances would be located and the special permit could require traffic to go down Bear Lane or Padre Island Drive. Mr. Utter pointed out that the "I-2" area is part of the entire tract for the Highway Department and they could have all the traffic going to Padre Island Drive. Mayor Pro Tem Turner pointed out that the problem the Council is confronted with is what is appropriate zoning for this area and that is determined by the land use in the vicinity. She pointed out that this property is surrounded by "I-2" zoning already. Mr. Flato informed the Council that one of the principle reasons that this site was the only acceptable site for the Highway Department is because it is the only tract that is located on a freeway and they hoped to install a facility to provide information to travelers on the front portion of the property. He also noted that this tract is eight acres larger than the one that the Highway Department presently occupies. Council Member Guerrero noted that the statement was made that the Crosstown Expressway is contingent upon this zoning, and Council Member McComb stated that he did not say that. Council Member Guerrero stated that he wanted that to be very clear and pointed out that industrial zoning does not exist around any other schools in the City and he felt that the Council should be very careful about what is placed in the West Oso School District. Council Member Slavik inquired about the number of vehicle trips a day and commented that she had not seen much traffic in that area. Mr. Utter pointed out that there are strict fire code requirements for storage of combustible materials and he was sure that the Highway Department would comply with those requirements. He explained that there are other building codes pertaining to the height of storage materials and informed the Council that a special permit could require that the materials be as far from the school as possible. He informed the Council that the staff is of the opinion that traffic from the Highway Department office would be rather low. He reminded the Council that the staff has consistently recommended against "I-2" zoning around West Cso Schools,but the School District itself has recommended in favor of "I-2" zoning. He pointed out that right across the street from the flutes .gular Council Meeting October 9, 1984 Page 26 school, the staff recommended denial of zoning for "I-2" but the School District recommended that it be approved. Mr. Bill Pruett, representing Tri-Star Development and PID, Joint Venture, stated that he had contacted Mr. Hinojosa approximately seven months ago when they had a prospect for a different use of this land and asked for his support of the zoning request, and at that time Mr. Hinojosa stated that he would be in favor of anything that would increase the tax base. He explained that at that time the intended use was for "B-4" zoning, but the prospective purchaser decided not to purchase the land because there was too much industrial use in the area. He pointed out to the Council that they are faced with a situation in which this particular tract of land cannot be used because everything else in the area is industrial and there are not enough residents to support business zoning. He expressed the opinion that Mr. Hinojosa would be in favor of "I-2" zoning in some cases but not if it does not add to their tax base. Mr. Bill Bates, representing the sellers of the property, indicated that he would like to answer some of the concerns of Mr. Hinojosa. He addressed the issue of his concern about storage of fuels under the "I-2" zoning, but pointed out that in the area at the front of the school, which West Oso ISD was in favor of, that owner has the right to store fuels. He also pointed out that there is very little existing traffic on Flato Road because it does not lead anywhere. He then addressed concerns about market values and pointed out that the Highway Department proposes to spend about $8 million on a facility and it will reflect in an upward movement of the area. He expressed the opinion that "I-2" zoning is good zoning and he has great difficulty in understanding West Oso's concern about fuel storage since "I-2" zoning exists right in front of the school. He expressed the opinion that approval of this zoning request would increase the values of the land which would provide an overall benefit to the school district. Mr. Hinojosa agreed that the Highway Department has beautiful grounds on the front of their property, but he questioned whether the appearance at the rear of the facility would be that good. Mayor Jones pointed out to Mr. Hinojosa that a large number of apartments could be constructed on this land under the existing zoning and inquired of Mr. Hinojosa if he would not be better off with the Highway department located there. Mr. Hinojosa admitted that he would be if safeguards are established in regard to the storage of fuel. A motion was made by Council Member McComb that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. A motion was made by Council Member McComb that the requested zoning of "I-2" be denied but in lieu thereof that a special permit for "I-2" uses be approved subject to the submission of an acceptable site plan. The motion was seconded by Council Member Kennedy. Mayor Pro Tem Turner stated that she would like for the School District to be involved in the site plan before it is presented to the Council. nutes .gular Council Meeting October 9, 1984 Page 27 Mr. Utter stated that the staff will make sure that there is adequate cooperation between the Highway Department and West Oso ISD. The motion to approve a special permit passed unanimously. Mr. Flato commented that this would have an adverse effect on the sale of the property. * * * * * * * * * * * * * 33. AMENDMENTS TO THE PLATTING ORDINANCE Section IV, Design Standards, Subsection G, Parks and Playgrounds, Para- graph 1, by inserting subparagraph d and renumbering existing subparagraphs d, e, f, and g to e, f, g, and h with regards to wetlands not being accepted as satisfying the park dedication requirements. Section II, Definitions, by adding a new paragraph "j" for the definition of wetlands. Section IV, Design Standards, Subsection G, Parks and graph 1(b) - The purpose of this amendment is to subdivisions over 20 acres that contain lots of one (1) ability to satisfy the park requirement by depositing land dedication. Playgrounds, Para - allow residential acre or larger the monies in lieu of Section III, Procedure, B, General Procedure, Paragraphs 3, 4, 6 and 7 - The purpose of this amendment is to change the time and day that plats are submitted which is necessary due to a change in the Planning Commission meeting day. Mr. Utter explained that the first two amendments concerned the wetlands and informed the Council that the Planning Commission has conducted a joint meeting with the Park and Recreation Board, the developers, and public hearings have been conducted. He stated that approval of these will assure that no wetlands will be counted as total acreage of dedication of park land. He explained also that there is a definition of wetlands from the Corps of Engineers that is now included in the City's ordinance. He stated that the amendment also encourages developers to donate wetlands to the City. He referred to the third amendment and stated that the change would allow any subdivision of more than 20 acres that contains lots of one acre or more in size, then the developer would not be required to dedicate park land but instead could donate money in lieu of their park dedication which would be placed in the Park Fund for development of other parks. Mr. Utter stated that the forth amendment is just to change the time and day of the staff plats meetings since the City Council now meets on Tuesdays. Mr. Utter informed the Council that approval of this would not change the Coastal Bend lawsuit and stated that they have had extensive discussions with developers and there has been no opposition to this plan. ilikutes :gular Council Meeting October 9, 1984 Page 28 Mayor Pro Tem Turner inquired if the wetlands could be developed for recreational purposes, and Mr. Utter stated that special permission could be given by the Corps of Engineers. Council Member Mendez referred again to the lawsuit and inquired if the City lost that lawsuit, if there would be an effect on the in lieu of land dedication. Assistant City Attorney Jay Doegey informed the Council that the case was postponed this summer because the College Station case, which was similar to that of this City's, was accepted for hearing by the Supreme Court; the College Station case, in which the City of Corpus Christi filed a brief, was argued before the Supreme Court last week but a decision has not been made. Mayor Jones called for comments from the public on this zoning application. Mrs. Ruth Gill recalled that the City has been interested in the Oso Parkway for many years and explained that she had attended a meeting of the Beard of the Texas Nature Conservancy in relation to the City of Garland which has a floodway of Springcreek in their vicinity and they have consulted with the Texas Nature Conservancy for recommendations for development of the floodway. She stated that this Board worked with the developers; the City of Garland will eventually take over the property; and everyone is please with the solution. She expressed the opinion that the City of Corpus Christi could consider a similar plan for the Oso. She expressed support of this ordinance. Mr. Galen Westwick, representing OPUS, stated that they too are in favor of the passage of this amendment and urged approval. A motion was made by Council Member Brown that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the amendments and it passed as follows: 33. ORDINANCE NO. 18508 AMENDING THE FOLLOWING SECTION OF THE PLATTING ORDINANCE: SECTION IV, DESIGN STANDARDS, G, PARKS AND PLAYGROUNDS, PARAGRAPH 1 BY ADDING A NEW SUBPARAGRAPH (d) IN REGARD TO WETLANDS NOT BEING ACCEPTED AS SATISFYING PARK DEDICATION AND RENUMBERING SUBPARAGRAPHS (d), (e), (f), AND (g) TO (e), (f), (g) AND (h); SECTION II, DEFINITIONS, BY ADDING A NEW PARAGRAPH J DEFINING WETLANDS; SECTION IV, DESIGN STANDARDS G, PARKS AND PLAYGROUNDS, PARAGRAPH 1 BY AMENDING SUBPARAGRAPH (b) IN REGARD TO DEPOSITING MCNEY IN LIEU OF PARK DEDICATION; AND SECTICN III, PROCEDURE D. GENERAL PROCEDURE, PARAGRAPHS 3, 4, 6, AND 7 IN REGARD TO SPECIFIC TIMES FOR SUBMISSION OF PLATS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye". * * * * * * * * * * * * * lutes .gular Council Meeting Dctober 9, 1984 Page 29 a Mayor Jones called for petitions or information from the audience on items not listed on the agenda. Mr. David Diaz stated that he is a friend of Mr. Tito Sandoval who has a problem in that he applied for a housemoving permit in October of 1983 at which time he made a deposit of $500. He stated that he moved the house in the latter part of November of 1983; there was a tremendous freeze in December; and all of the pipes froze. He explained that Mr. Sandoval had completed the job and made a deposit for his utilities to be turned on in March of 1984 in the amount of $25. He summarized by stating that Mr. Sandoval's residence is at 2826 Minton and he ran 37 days over the requirement for completion of the wiring and he has been unable to receive a refund of his $500 deposit. Mr. Diaz informed the Council that Mr. Sandoval is severely handicapped and he stated that he would like to request the Council to consider refunding at least a part of the $500 deposit. Mayor Jones requested that the City Manager make a report for the Council for next week. Council Member Berlanga stated that he was aware of Mr. Sandoval's situation and pointed out that the City inspectors and the Building Inspection Department do not have the authority to refund the $500 but stated that he is in favor of doing so. A motion was made by Council Member Berlanga that Mr. Sandoval's entire $500 deposit be returned, seconded by Council Member Guerrero. Mayor Pro Tem Turner inquired if this could wait for a staff report. City Manager Martin suggested that Council Member Berlanga's motion should be to have this placed on the agenda for action next week, and Mr. Berlanga concurred. Council Member Berlanga then revised his motion to request that the staff place this on the agenda next week, seconded by Council Member Guerrero and passed unanimously. There being no further business to come before the Council, on motion by Council Member Guerrero, seconded by Council Member Mendez and passed unanimously, the Regular Council Meeting was adjourned at 6:50 p.m., October 9, 1984. DZ/tb