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HomeMy WebLinkAboutMinutes City Council - 04/27/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING APRIL 27, 1983 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner * Council Members: Jack K. Dumphy Bob Gulley Dr. Charles W. Kennedy Cliff Zarsky City Manager Edward Martin City Attorney Bruce Aycock City Secretary Bill G. Read ABSENT: Council Member Herbert L. Hawkins, Jr. Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend Larry Schreffer of Community Christian Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Jack Dumphy. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones then referred to the ACLU Lawsuit and read the following statement to which the Council had agreed: With the receipt of the jury verdict in the suit filed by the ACLU against the City, its police department, and some of its officers, it is now permissible, we think, to answer the questions put to us during the course of the trial concerning the expense to which the City has been put. We believe that verdict to be a vindication of the City's police officers and administration. The first point to be made is that although the suit originally sought $2.9 million dollars in damages, the Council was as concerned with questions of principle, as with economics. The ACLU and the WOMMED SEP 9 !9i31 Minutes Regular Council Meeting April 27, 1983 Page 2 people it represented came into court asserting claims which invest- igation revealed to be unfounded. No meeting was sought by the plaintiffs or the ACLU with the Council, the City Manager, or the Chief of Police. Instead, the first step taken by the ACLU was the filing of the suit on July 24, 1981 and, at the same time, the calling of a press conference. At that press conference the ACLU attorney, James Harrington stated that complaints against our police officers were more serious than those in McAllen. Although he now says such suits are very difficult to win, at the press conference he claimed that he had never lost a police "brutality" suit that he filed. Against that background, then, there began the extensive pleading and discovery activities which culminated in the commence- ment of the trial on January 31, 1983. Since some 18 different police officers as well as Chief Banner, then City Manager Marvin Townsend, and the City, itself, were all named as defendants in the first of two suits that were filed, and since their positions in the suit were not identical, it was necessary that separate attorneys be employed to represent each group. The City was obligated by State Law and collective bargaining agreement to pay the cost of the legal representation for the police officers. Because the City's attorneys could not ethically represent the four different groups of defendants, three private firms were engaged to represent two groups of police officers and Chief Banner and ex -City Manager Marvin Townsend. Staff attorneys initially represented the City. When Chief Banner and Mr. Townsend were dismissed from the suit, the firm which originally represented them joined the City Attorney in the representation of the City. Through the middle of April, the total of the legal fees and expenses paid to private attorneys for the individual police officers was $200,278.04. The total paid for representation of the police chief, City Manager, and City was $141,165.48. The total expendi- tures necessary to defeat the ACLU suit, including attorneys and other litigation expenses, was $366,140.70. To this figure, there can be added the time and expense of participation by the City's staff attorneys and support personnel, as well as the salaries of police department personnel who were required to devote their time to the preparation for and participation in the trial, rather than to their regularly assigned law enforcement activities. It is true that the ACLU and those it represented have put the taxpayers of Corpus Christi to great expense. Given the choice, if it can be called that, of paying hundreds of thousands of dollars to settle claims which we believed --and the jury has now found --were unfounded, there was only one decision which could have been made. And if we are presented with similar, invalid claims in the future, against the police department or any other branch of city govern- ment, those organizations who assert the claims should be prepared to go the whole distance, because this City Council does not intend to compromise the City's principles or integrity to save the expense of Minutes Regular Council Meeting April 27, 1983 Page 3 litigation. If we do that one time, others might attempt to use the same threat to extract from the City money which is not owed. One last word in closing. We would like to acknowledge the dedication and contribution of the twelve citizens who served on the jury for thirteen long weeks at great personal expense and sacrifice, who patiently and conscientiously considered the voluminous evidence placed before them, and who just as conscientiously reached a verdict with which we are most pleased. Mayor Jones then invited the Council to make any comments they desired. Council Member Gulley expressed the opinion that there is something wrong with our system that would allow the ACLU to come into the City, file charges and simultaneously conduct a press conference that attracts additional plaintiffs. He pointed out that this lawsuit costs the taxpayers a great deal of money. Council Member Zarsky pointed out that ACLU claims that they have permission to solicit clients and other law firms cannot do this and he questioned why they are a.lowed to do so. He also expressed the opinion that there is something wrong with the system that would require jurors to take off thirteen weeks from their jobs to hear such cases. He noted that court costs usually have to be paid by the side that loses the case, but evidently this is not true of this organization either. He expressed the opinion that the lawsuit just completed approaches a "frivolous" lawsuit and there should be some method of determining before an expensive lawsuit is conducted whether there are grounds. He also stated that he hopes that the citizens realize from this lawsuit that this City does have a great police force and that its officers are properly trained. * Council Member Charles Kennedy arrived at the meeting at 2:28 p.m. He stated that he hoped that this would terminate such lawsuits. Council Member Dumphy stated that this Council was very supportive of the police officers and the Police Department and they appreciate the work that they perform for the City. Council Member Kennedy mentioned the fact that many citizens had suggested that the City settle with the ACLU plaintiffs to save money, but the integrity of the police officers was involved and the City had a duty to defend them in the charges of brutality in the best possible way. He, too, expressed support of the Police Department. * * * * * * * * * * * * Mayor Jones called for Action of the Council from the Workshop Session. Minutes Regular Council Meeting April 27, 1983 Page 4 1. The recommendation of the Site Selection Committee be approved that the block bounded by Carrizo, North Tancahua, Blucher and Comanche be designed as the site for the new Central Library with the condition that a portion of Blucher Street be closed at the appropriate time before construction to provide for increased area and better site utilization. A motion was made by Council Member Dumphy that the foregoing action be confirmed; seconded by Council Member Zarsky; and passed by the following vote: Jones, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Turner and Hawkins, absent at the time the vote was taken. 2. The staff recommendation for list of Urban Systems projects for the next four years be approved and the list be submitted to the State Department of Highways and Public Transportation. A motion was made by Council Member Zarsky that the foregoing action be confirmed, seconded by Council Member Gulley and passed unanimously by those present and voting. ** Mayor Pro Tem Turner arrived at the meeting at 2:40 p.m. * * * * * * * * * * * A motion was made by Council Member Dumphy that the minutes of the Regular Council Meetings of April 13 and April 20, 1983 and the Special Council Meeting of April 13, 1983 be approved as presented; seconded by Council Member Kennedy; and passed unanimously. * * * * * * * * * * * Mayor Jones called for the Motions from the Consent Agenda on the following items: 1. Bids be received May 17, 1983 for a twelve months supply agreement for replacement vehicle filters including oil, air, gasoline, fuel, water coolant, transmission and hydraulic filters. The bidders will bid a percentage discount off their published price lists. 2. Bids be received May 17, 1983 for twelve months supply agreement for approximately 31,000 black and galvanized pipe fittings to be used by the Gas Division. 3. Bids be received May 17, 1983 for five traffic signal controllers for Traffic Engineering to replace controllers at Baldwin & Morgan; Baldwin & Port; Morgan & Crosstown Frontage Road; Santa Fe & Louisiana; and Ocean Drive & Airline. The controllers for the first three intersections will come out of the 6th year Community Development Block Grant and the controllers for the last two intersections are included in the 1982-83 Revenue Sharing Budget. The existing controllers are 12-15 years old and replacement parts are no longer available. MlnL Regular Council Meeting April 27, 1983 Page 5 4. Bids be received May 24, 1983 for a twelve months supply agreement for approximately 70 tons of fertilizer for the Golf Center and 050 Golf Courses. 5. Plans and specifications for air conditioning and related electrical improvements at the Convention Center be approved, and bids be received on May 25, 1983. A 450 -ton backup water chilling unit will be installed at the Convention Center. The project also includes wall insulation and electrical wiring. 6. Bids be received May 31 , 1983 for twelve months supply agreement for transit bus parts for the Transit System. 7. Bids be received May 31, 1983 for five roof mounted condenser packages for the Transit System to replace the condensers on five buses. The condensers are included in a capital assistance grant from the Urban Mass Transportation Administration and will be paid for 80% by the Federal government, 13 by the State and 7% by the City. 8. Approving a twelve month supply agreement for replacement auto, truck and construction equipment safety glass to Safety Glass Company, Inc., Corpus Christi, Texas based on low bid of approximately $15,000. Safety Glass bid a 73% discount on windshield glass and a 68% discount on straight glass with installation charges of $15 on door, hack and quarter glass and $20 for windshields. Four bids were received. Price comparison shows a decrease of 28.8% on glass and 20% on installation charges. 9. Approving a six months supply agreement for 700' of 10" and 2,000' 16" steel line pipe used for the transmission of natural gas by the Gas Division based on low bid as follows: Alloys of Texas, Manvel, Texas 10", .219 Wall Thickness = $ 33,000.00 10", .250 Wall Thickness = 14,340.00 Sub Total: $ 47,340.00 Texas Pipe & Supply, Corpus Christi 16", .250 Wall Thickness = $ 24,720.00 Sub Total: $ 24,720.00 Grand Total: $ 72,060.00 Minutes Regular Council Meeting April 27, 1983 Page 6 9. (Cont'd.) Prices reflect a 30% decrease since the last contract of 11 /81 . The decrease is due to the depressed petroleum economy. Twenty bid invitations were issued and nine bids were received. 10. Eleven siren/light bars be purchased from Claude Wright & Associates, Houston, on the basis of low bid of $10,939.39 for the Police Department. Seventeen bid invitations were issued and seven bids were received. 11. Police and administrative sedans be purchased on basis of low bid as follows: a. Courtesy Ford Imports, Corpus Christi 38 Police Sedans $349,155.68 8 Sub Compact Sedans 51,179.60 Total -$400,335.28 b. Creveling Motor Go. , Corpus Christi 6 Compact Sedans Total -$ 38,904.24 Grand Total -$439,239.52 Prices have increased approximately 5% since last bid in March, 1982. 12. A public hearing be held May 4, 1983 on an amendment to the Master Transportation Plan to reduce the ultimate width of Baldwin Boulevard from Leopard to Agnes from a G Type section which includes three moving lanes in each direction and a concrete median (100' wide) to an E Type section with two moving lanes in each direction and a continuous left turn lane 62' wide. This section of Baldwin will be constructed by the State Department of Highways & Public Transportation under the Urban Systems Program. The Planning Commission concurs. 13. Authorizing the City Manager to execute a letter of agreement with Exxon Corporation to make Exxon's Flour Bluff separation station a temporary point of delivery for natural gas to the City to serve Flour Bluff and the Naval Air Station while construction is underway on the Oso Bridge project. Exxon will construct, for $5,300, a removable pressure reduction regulation station at the purchase point which will become the property of the City at the conclusion of the project. The City will be billed by Valero for gas purchased through this delivery point. The 12 -inch line crossing the Oso at the Oso Bridge is the City's only gas line serving Flour Bluff. The Oso Bridge gas line relocation project is included in the 1982-83 budget. Minuses Regular Council Meeting April 27, 1983 Page 7 14. Reappointment of the members of the Corpus Christi Health Facilities Development Corporation to terms expiring May 1, 1985. 15. The City Manager or his designee be authorized to execute a contract with Corpus Christi Metro Ministries, Inc. for operation of an emergency housing program to be funded from the 8th Year Community Development Block Grant Program. The $5,000 contract is for the period of March 1, 1983 through February 28, 1984. Council Member Zarsky referred to item 4 for the bids to be received for 70 tons of fertilizer and inquired if the City utilizes any of the sludge produced at the plants and City Manager Martin replied that they do not anymore. Mayor Jones explained that the cost of drying it was more expensive than the profit from the sale of sludge. Assistant City Manager James K. Lontos explained further that it is being hauled away to the sanitary landfill or plowed into the ground at certain plants. He explained the procedure for disposal. Council Member Kennedy referred to item 3 and inquired if the centralization of traffic signals included the emergency mechanism for the passage of emergency vehicles. City Manager Martin answered that it would not and explained that it would cost approximately $800,000 to have such signals programmed City-wide and would be for fire and ambulance vehicles only. Mr. Tom Stewart, Director of Transportation, stated that because of the expense and complexities of such a program, it is not recommended at this time. Mayor Jones referred to item 11 and inquired if there are special specifications for police sedans and City Manager Martin replied in the affirmative. Mr. F. D. Glenn, Purchasing Agent, stated that the special requirements are necessary because the police sedans must be heavy-duty cars. There were no comments from the audience on the consent motions. A motion was made by Council Member Dumphy that items 1 through 15 be approved, seconded by Council Member Zarsky and passed unanimously. * * * * * * * * * * * Minutes Regular Council Meeting April 27, 1983 Page 8 Mayor Jones called for Consideration of Consent Ordinances and Ordinances from Previous Meetings on items 16 through 22. There were no questions from the Council. Mayor Jones called for comments from the audience on the ordinances. A number of people spoke in regard to Ordinance No. 20 which is the second reading prohibiting swimming, surfing and other water -oriented activity within 100' of Bob Hall Pier on Padre Island. Mr. Kerry Kirksmith, 4213 Clinton Street, stated that he felt that the Bob Hall Pier should be used exclusively by the fishermen. Mayor Pro Tem Turner asked Mr. Kirksmith if he would be satisfied with the planned structure to be built to create wave action for surfers' use and Mr. Kirksmith stated that he and his group were willing to work with Commissioner J. P. Luby in the planning of such a structure. Mr. Kevin Tancey mentioned that he would like to have the City consider the Park Board's recommendation that a trial period be attempted to see if the two sports could be compatible because he was of the opinion that they could be. He pointed out that Bob Hall Pier is the only good place in this area to surf and that he was speaking on behalf of several surfer organizations. Mr. A. J. Sandoval, III, Assistant Director of the Nueces County Park & Recreation Department, stated that he formerly worked on the bridge patrol at Bob Hall Pier and he was of the opinion that the 100' limitation is inadequate for safety precautions. He stated that the County is very concerned about providing an alternate surfing site for surfers. Mr. Wesley Beck, representing the Texas Professional Surfing Association, stated that he was of the opinion that Commissioner Luby is sincere in promising to construct some type of structure for surfers. He stated that he was of the opinion that Bob Hall Pier should be limited to fishing. Council Member Gulley stated that the City is not involved in building a surfing pier because this was a promise of Commissioner Luby. Mr. Ben Liska stated that he operates Benjamin Surfing Shop in Padre Staples Mall and stated that everybody seems to be concerned about the danger and injuries that might occur within the vicinity of Bob Hall Pier. He expressed the opinion that fishermen and surfers could co -exist and he was of the opinion also that the fishermen are liable for their lines and should be responsible for any injuries that might occur at Bob Hall Pier. Mr. Kelly Speck, 409 Glenmore, expressed the opinion that fishermen and surfers could both use Bob Hall Pier and he did not think there was any danger to either of them if they made an honest effort to co -exist. Min . s Regular Council Meeting April 27, 1983 Page 9 Mr. Roger Ponder commended the Council for realizing the dangers to individuals when surfing and fishing are mixed. He stated that he is opposed to the 100 foot limitation but agreed with the 300 foot limitation for safety reasons. He displayed before the Council several types of tackle that are used by fishermen and explained the dangers that could be incurred by the use of standard tackle equipment. He explained that the wave action created by the pier is better only in the immediate vicinity of the pier and beyond 100 feet would not really exist. He contended that fishermen could cast their lines over 100 feet or even as far out as 300 feet. Mr. Frank Floyd suggested that the Council Members come out and view the surfing situation at this location, and Mayor Jones agreed to go to Bob Hall Pier at 5:00 p.m. Friday with Mr. Floyd. Mr. Mark Delaney pointed out that there is ample room for fishing and surfing in the vicinity of Bob Hall Pier. Mr. Delaney expressed appreciation to the Council for allowing all of them to speak. He pointed out that the Texas Professional Surfing Association consists of only three members and is not representative of the surfers in this area. There were no further comments on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 16. ORDINANCE NO. 17576: AUTHORIZING THE EXECUTION OF A CONTRACT WITH GOLDSTON CORPORATION FOR CONSTRUCTION OF A CLARIFIER AT THE ALLISON WASTEWATER TREATMENT PLANT; APPROPRIATING $447,000 FOR THIS CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent" 17. ORDINANCE NO. 17577: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH URBAN ENGINEERING FOR INSPECTION SERVICES TO BE PROVIDED DURING CONSTRUCTION OF INTERIM IMPROVEMENTS AT THE ALLISON WASTEWATER TREATMENT PLANT; APPROPRIATING $35,302 FOR THIS AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". 18. ORDINANCE NO. 17578: CLOSING AND ABANDONING AN IRREGULARLY SHAPED PORTION OF CHIPITO STREET RIGHT-OF-WAY BEING ALONG THE SOUTH SIDE OF CHIPITO STREET RIGHT-OF-WAY, ADJACENT TO BLOCK 64, BLUFF PORTION, AND IMMEDIATELY WEST OF CABRA STREET; PROVIDING FOR REPLATTING; AND DECLARING AN EMERGENCY. Minutes_ Regular Council Meeting April 27, 1983 Page 10 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". 19. ORDINANCE NO. 17579: AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED TO FINANCING THE CONVERSION OF FIFTY (50) MARKED POLICE SEDANS TO COMPRESSED NATURAL GAS WITH THE CORPUS CHRISTI NATIONAL BANK; APPROPRIATING $112,694.00 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GAS FUND FOR THE FIRST YEAR PAYMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". 20. SECOND READING: PROVIDING FOR PROHIBITION OF SWIMMING, USE OF SURFBOARDS, BOATS, MOTORBOATS, AND VESSELS ALONG SIDE OF BOB HALL PIER; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, and Kennedy voting, "Aye"; Gulley and Zarsky voting, "No"; Hawkins, "absent". 21. SECOND READING: AMENDING THE CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION BY ADDING A NEW SECTION 2-39 ESTABLISHING GUIDELINES FOR USE BY THE PUBLIC OF THE COUNCIL CHAMBERS AND ADJOINING COMMITTEE ROOM. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". 22. THIRD READING - ORDINANCE NO. 17580: TERMINATING THE LEASE AGREEMENT WITH SUPERIOR HELICOPTERS, INC. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye", Hawkins, "absent". * * * * * * * * Minutes Regular Council Meeting April 27, 1983 Page 11 Mayor Jones then deviated from the agenda to perform the swearing-in ceremony for the installation of the new Municipal Court Chief Judge Mr. Jack Hunter. Judge Hunter expressed appreciation for the appointment and assured the Council that he would be the best Municipal Court Judge possible for this City. * * * * * * * * * * * Mayor Jones called for Action by Motion from the Regular Agenda on the following items: 23. Authorizing the use of the Cole Park Amphitheater on May 15, 1983 from 10:00 a.m. to 8:00 p.m. by the National Kidney Foundation and KCCT Radio, co-sponsors of a Fajita Cook -Off. City Manager Martin explained that previously, there had been some problems in the neighborhood directly across from Cole Park resulting from large events but this particular event is supposed to conclude at 8:00 p.m.; the bandshell was designed for this type of event; there is no reason not to allow this use; but the Staff has no idea how many people will attend. Council Member Zarsl,y noted that the residents of the neighborhood were concerned about vandalism in the area to their yards, and Mr. Martin assured the Council that the City will have additional police officers on duty. Mayor Pro Tem Turner also suggested that additional refuse cans and restroom facilities be placed on the park for this event. Ms. Amy Gallagher, representing the Kidney Foundation, stated that they plan to have additional skid -o -cans available; they will have boy scout troops to assist in disposal; there will be three police officers employed; and six people from the City's Park & Recreation Department will assist in keeping order. A motion was made by Mayor Pro Tem Turner to approve item 23, seconded by Council Member Dumphy, and passed unanimously. 24. Consideration of pending State legislation. Mr. Ernest Briones, Deputy City Manager, referred to a bill being considered by the Legislature to provide emergency ambulance service which would change the language of the bill whereby it would appear to be mandatory that the City provide service. He explained that there were no provisions in the original bill to contract for this service; therefore, the only way that such service could be provided would be by mutual agreement. He stated that this bill will be considered Thursday at 9:00 a.m. Mayor Jones stated that he will testify on this bill at that time and another one on Monday, May 2. Minutes Regular Council Meeting April 27, 1983 Page 12 Assistant City Manager Tom Utter explained that under consideration by the Legislature also was a policy statement that would give dual control to Nueces County. He stated that the Planning Commission would prefer that if the County is allowed to pass ordinances for control, that they be consistent with those of the City's within the extra -territorial jurisdiction of Corpus Christi. Council Member Zarsky recommended that the City Council endorse this recommendation of the Planning Commission. Council Member Gulley pointed out that not much of the County remains after the extra -territorial jurisdiction of the City is considered and the City already has certain platting controls within the ETJ. City Manager Martin pointed out that this is a special bill by the County and it should be studied by someone at the State level. He stated that every County has several bills under consideration but this bill was introduced by Senator Truan for Coastal Counties. Mayor Jones pointed out that the realtors and home builders do not want counties to have this ordinance making ability. Council Member Gulley expressed the opinion that he would like to have more information about this bill before endorsing it. Council Member Zarsky stated that he was of the opinion that it would benefit both the County and the City if they are allowed to have ordinance making authority. A motion was made by Council Member Zarsky that the City Council endorse the recommendation of the Planning Commission with the stipulation that any ordinances passed by the County be consistent with those of the City's for areas within the extra -territorial jurisdiction. The motion was seconded by Mayor Pro Tem Turner. City Manager Martin concurred that this should be studied on a State level but he felt that it would be appropriate to provide an endorsement for this bill which was introduced by a local senator. The motion to approve the Planning Commission recommendation as modified passed by the following vote: Jones, Turner, Dumphy, Kennedy and Zarsky voting, "Aye"; Gulley voting, "No"; Hawkins, "absent". 25. Third Reading - Approving the Courthouse site as the location for the new City Hall. (First Reading - 4/13/83, Second Reading - 4/20/83) A motion was made by Mayor Pro Tem Turner that Item No. 25 be approved; seconded by Council Member Dumphy; and passed by the following vote: Jones, Turner, Dumphy and Kennedy voting, "Aye"; Gulley voting, "No"; Zarsky, abstaining; and Hawkins, absent. Mie,..ies Regular Council Meeting April 27, 1983 Page 13 * * * * * * * * * * * Mayor Jones called for Action by Ordinance from the Regular Agenda on Items 26 and 27. There were no comments on these ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 26. ORDINANCE NO. 17581: AUTHORIZING THE EXECUTION OF A CONTRACT WITH W. P. WILLS, CONSULTING ENGINEER, FOR A DESIGN OF RUNWAY AND TAXIWAY IMPROVEMENTS AT CORPUS CHRISTI INTERNATIONAL AIRPORT; APPROPRIATING $101,436 FOR THIS AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". 27. FIRST READING: CLOSING THE 1200 THROUGH 1500 BLOCKS OF NORTH SHORELINE BOULEVARD, SOUTHBOUND DIRECTION OF TRAVEL FROM 8:00 A.M., MONDAY, JULY 11, 1983, THROUGH NOON TUESDAY, JULY 19, 1983; AND CLOSING THE 1200 THROUGH 1500 BLOCKS OF NORTH SHORELINE BOULEVARD, NORTHBOUND DIRECTIONS OF TRAVEL FROM 6:00 P.M., FRIDAY, JULY 15, 1983, THROUGH MIDNIGHT SUNDAY, JULY 17, 1983; PERMITTING THE MEXICAN UNITY COUNCIL THE USE OF STREETS, SIDEWALKS, MEDIANS AND SEAWALL TO HOST A FERIA HISPANICA FESTIVAL ON JULY 15, 16, AND 17, 1983; AUTHORIZING EXECUTION OF ATTACHED APPLICATION/PERMIT; PROVIDING AN EFFECTIVE DATE FOR PUBLICATION; AND PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarksy voting, "Aye"; Hawkins, absent. * * * * * * * * * * * * Mayor Jones announced the public hearing on the following matter: 28. 3:00 p.m. - Preliminary assessment roll for the Cayo Del Oso Bridge and Frontage Road improvements project on South Padre Island Drive providing for assessments of $15,918.44 for the six items on the roll. City Attorney J. Bruce Aycock conducted the formal portion of the hearing on the preliminary assessment roll and called as his first witness Mr. Gerald Smith, P.E., City Engineer. Through questioning of the witness, Mr. Aycock determined that Mr. Smith has been employed by the City of Corpus Christi for 233 years and that he has Minutes Regular Council Meeting April 27, 1983 Page 14 on file in the City Engineering Department a copy of his resume listing his qualifications. Mr. Smith explained that this project includes improvements to State Highway 358 and provides for a concrete bridge across Cayo del Oso Bay. He stated that the bridge will be three lanes on the west side and a three -lane bridge on the other side and a protected 7' wide bicycle path in the east lane. He explained that approximately 2,000' will be constructed on the approaches to the bridges and theowners of property abutting the approaches will he assessed for the improvements. He noted that there are only six items on the assessment roll for curb, gutter and pavement; there are no sidewalks to be constructed; there will be a 30' wide frontage road; and only one piece of property has a driveway. He explained that the cost for the curb, gutter and pavement will be $9.72 per linear foot and the total assessment will be $15,760.76 with the City's cost established at $64,659.24. Mr. Smith continued by stating that F & E Erector Company, Inc. was the low bidder on the project and they expect to complete it in November of 1984. City Attorney Aycock inquired if a cost estimate had been prepared, and Mr. Smith replied that the State Department of Highways and Public Transportation made a cost estimate prior to the bid date. He replied to Mr. Dumphy's question in regard to the gas line in the vicinity and stated that there are no plans to move the line. City Attorney Aycock called as his next witness Mr. William J. Holly, Broker and Appraiser. Through questioning of Mr. Holly, Mr. Aycock ascertained that he is qualified to serve in the capacity of appraiser for the City; that he is thoroughly familiar with the property involved in this project; and that he has on file in the Engineering Office a copy of his resume listing his qualifications. Mr. Holly testified that he is familiar with the real estate values in the City of Corpus Christi and that he has examined each and every piece of property included in this assessment roll. Mr. Holly testified that there are no odd -shaped pieces of property and all of the property will definitely be enhanced at least in the amount of the assessments. Mayor Jones ascertained that no one in the audience wished to speak on this matter. A motion was made by Council Member Dumphy that the hearing be closed, seconded by Mayor Pro Tem Turner, and passed unanimously. * * * * * * * * * * * Mayor Jones announced the public hearings on two zoning applications. Minutes Regular Council Meeting April 27, 1983 Page 15 a. Application No. 383-9, Mr. John H. Thomason: for a change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on a 0.32± acre tract of land located on the west side of Airline Road approximately 512' north of McArdle Road, Lots 8 and 9, Block 1, Koolside Addition. Assistant City Manager Utter informed the Council that twenty-two notices of the public hearing had been mailed, and two in favor and two in opposition had been returned. He explained that the Planning Commission considered granting a special permit but the applicant declined to accept this; therefore, both the Planning Commission and the Planning Staff recommend denial. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, noting that the land is occupied by two structures and that most of the property in this area has special permits for small low usage businesses. He pointed out that on the west and east sides are residential areas. He then displayed slides of the area. Mayor Jones referred to a letter which had been received by the Council which indicated that all of Airline Road should be zoned "B-1" since Fraser School might be closed and apartments constructed on the school property. Mr. Wenger stated that he, too, had heard this rumor but understood that the School District has not yet made a decision on closing that school. Mr. Wenger continued by stating that the Planning Commission and Planning Staff had continued to recommend against "B-1" zoning because the only access is from Airline Road which is an arterial street which will have to carry more traffic when development occurs further out Airline Road. He stated that the applicant plans to use the property for a restaurant, and if it is successful, additional traffic will be generated. He reiterated that the Planning Commission considered recommending a special permit but the applicant did not accept. Mr. John Thomason, 5334 Ocean Drive, stated that he has two lots; it is 70' from Crossroads Village; there was an effort made to purchase the lot in between but the price was too high; and he feels that this is good property and he wanted to purchase this property for a small family -style restaurant. He stated that they do not want a special permit because of the problems in working out their site plan. He explained that they have now decided to remove the house nearest Crossroads and use the other house for the restaurant and this would provide ample parking. He stated that he would only have one driveway 30' to 35' wide. He, too, expressed the opinion that this street will eventually be all business and traffic is destined to increase. Council Member Kennedy stated that he has some problems with approving "B-1" for this property at this time because he feels that "AB" zoning does offer guarantee for lower density. Minutes Regular Council Meeting April 27, 1983 Page 16 Council Member Zarsky reminded the Council that a request had recently been received from Kiko's Restaurant for change of zoning for parking. He stated that they had attempted to purchase property at the rear of their restaurant to provide for more parking and he felt that if this is approved for a restaurant, the same parking problem would soon exist here as well. Council Member Gulley expressed the opinion that if the Planning Commission is going to recommend that a restaurant be allowed to be constructed here, he felt that the "B-1" zoning should be granted. Mayor Jones expressed the opinion that a special permit would accomplish the same purpose. Mr. Thomason stated that he would have to consider a special permit further before accepting. Mr. Robert Gail, 4144 Flarry Street, stated that he is a real estate agent and he has a contract to sell the house between the subject property and Crossroad Shopping Center and that will be the last residence on this portion of Airline. He concurred with the remark that Fraser School will be closed soon. No one else spoke in regard to this application. A motion was made by Council Member Kennedy that that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Council Member Zarsky that the requested zoning of "13-1" be denied but in lieu thereof, that a special permit be approved subject to the submission of a site plan for a restaurant; seconded by Council Member Dumphy; and passed by the following vote: Dunphy, Gulley, Kennedy and Zarsky voting, "Aye"; Jones voting, "No"; Turner, "abstaining"; Hawkins, "absent". b. Application No. 383-13, Mr. Jimmy Stoeger: for a change of zoning from "R-1 B" One -family Dwelling District to "B-1" Neighborhood Business District on a 0.24± acre tract of land located on the west side of Airline Road approximately 850' south of Gollihar Road, Lot 13, Block 6, Koolside Addition. Mr. Utter stated that in response to the twenty-three notices of the public hearing that were mailed, one in favor and one in opposition had been returned and that both the Planning Commission and Planning Staff recommend denial but in lieu thereof, that "AB" zoning he approved. 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 area. He stated that the staff recommends against "13-1" in this area because of the traffic and insufficient ingress and egress to the small 70' wide piece of pr'^irty. Mii ces Regular Council Meeting April 27, 1983 Page 17 The applicant, Mr. Jimmy Stoeger, 418 Montclair, pointed out that there is a 10' easement going all the way through his property on which people do drive. Mr. Wenger stated that the easement referred to is a 10' sidewalk for pedestrian use by school children. Mr. Stoeger reiterated that it is currently being used for a driveway and he plans to establish a lawnmower repair shop next to Turf & Irrigation Business. He pointed out that "B-1" zoning is next door and further down Airline as well. Assistant City Manager Utter reminded Mr. Stoeger that at the Planning Commission hearing, he had indicated that he planned to construct an employment agency at this location. Mr. Stoeger stated that the sidewalk easement is actually being used for a driveway and this would provide access to the street to the rear. Mrs. Dorothy Corcoran, 4737 Chase, spoke in opposition to this zoning application. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Memler Dumphy and passed unanimously. A motion was made by Council Member Kennedy that the "B-1" zoning for Application No. 383-13 be denied but in lieu thereof that "AB" zoning be approved according to the Planning Commission and Planning Staff recommendation; seconded by Council Member Dumphy; and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting this zoning change and it passed as follows: 29b. ORDINANCE NO. 17582: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JIMMY STOEGER BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 13, BLOCK 6, KOOLSIDE ADDITION, FROM "R -1B" ONE -FAMILY 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: Jones, Turner, Dumphy, Gulley and Kennedy voting, "Aye"; Zarsky voting, "No"; Hawkins, "absent'. * * * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Minutes Regular Council Meeting April 27, 1983 Page 18 Mr. Harold Alberts, 618 Dolphin, questioned why the taxpayers are going to have to pay $26,000,000 to construct a City Hall without even going out for kids. He reminded the Council that the City Manager had advised them that the interest on $10,000,000 would be 2%higher through IRB financing than on general obligation bonds. He again questioned why this project did not ao to the voters for their approval. Council Member Gulley explained that the City did go out for proposals for a new City Hall and seven proposals were received. He pointed out that the same type of situation had existed in connection with the new building that will house the Harbor Master Office and on the proposed land mass. He assured Mr. Alberts that if Kinney Street Associates does not arrive at a good plan for a City Hall, the City is not obligated to continue with this. Mayor Jones commented that Mr. Alberts had appeared before the Council twice in regard to the same matter; the City Council has read volumes of information in regard to City Hall space studies; and they reached the conclusion that it is more costly to continue to lease space all over the City for city offices than to build a new City Hall. He pointed out that as the City grows, then more lease payments would have to be made. Mr. Alberts stated that if the City uses IRB's for a private developer to construct a City Hall, the City will be confronted with litigation. Council Member Kennedy explained the reasons for using this mechanism of financing because the Council decided not to include a new City Hall in the recent bond election. Mayor Pro Tem Turner provided an in-depth explanation of the reasons the Council decided to take the approach of public/private venture as being the best way to obtain a new City Hall. She stated that her reasons are as follows: (1) it is less expensive to negotiate with an individual such as Kinney Street Associates rather than having plans prepared and going out for bids; (2) public/private method does not incur any liability on the part of the City; (3) the proposed lease is on a year-to-year basis; (4) development according to this plan will create a better building; (5) if it were financed by general obligation bonds, by the time the bonds are sold and the building is completed, the cost of construction would increase so much that any savings in interest rates would be eliminated; and (6) this is the least expensive method for the taxpayers. Council Member Zarsky stated that even though the Council is convinced that there should be a new City Hall, he still preferred that the public be able to vote on the matter and that it is the reason he abstained from voting to approve it, but not necessarily because he did not want a new City Hall. He, too, expressed the opinion that IRB financing would be more economical because of the difference in cost for a governmental structure as opposed to private construction. He stated that he would not object to having this matter before the voters but he hoped that litigation would not be started. Minutes Regular Council Meeting April 27, 1983 Page 19 Council Member Dumphy inquired of Mr. Alberts if he had all of the information that was presented to the Council and then requested that the City 'Manager provide Mr. Alberts with all pertinent facts available on the process of providing a new City Hall. Mayor Jones asked Mr. Martin to have a staff member take the file over to Mr. Alberts and explain the project to him. Speaking on another matter was Mr. Clay Moore who related his experience with a hot check. He suggested that something needs to be done to combat felonies and crime, including checks that are written with insufficient funds. Council Member Zarsky responded to Mr. Moore's remarks and informed him that he had made some suggestions at a recent seminar and a copy of that could be obtained from Mr. Robert Gilmartin. On motion by Council Member Kennedy, seconded by Mayor Pro Tem Turner and passed unanimously, the Council went into closed session at 6:01 p.m. under the authority granted by Article 6252-17 of V.A.C.S. to discuss personnel. * * * * * * * * * * * * Mayor Jones reconv: red the Regular Council Meeting at 7:10 p.m. There being no furiner business to come before the Council, on motion by Council Member Zarsky, seconded by Mayor Pro Tem Turner and passed unanimously, the Regular Council Meeting was adjourned at 7:11 p.m., April 27, 1983. DZ/rr I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of May 1, 1983 thru May 31, 1983, inclusive, and having been previously approved by Council action, are by me hereby approved as itemized. 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