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HomeMy WebLinkAboutMinutes City Council - 02/05/1985a MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 5, 1985 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 a City Manager Edward A. Martin City Attorney J. Bruce Aycock Acting City Secretary Dorothy Zahn Mayor Luther Jones called the meeting to order in the Council Chambers of City Hall. The invocation was given by Father James Tamayo of St. Pius X Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Charles Kennedy. A motion was made by Council Member Welder Brown that the minutes of the Regular Council Meeting of January 29, 1985 be approved as presented, seconded by Council Member David Berlanga, and passed unanimously. Mayor Jones then administered the Oath to the following new appointees of various Boards and Commissions: Mr. Ronald Casady, Electrical Advisory Board; Mr. Aulus Smith and Mr. Jack Ratkovic, Senior Community Services Advisory Board; Mr. Alejandro Meija, Mechanical Advisory Board; Mrs. Robert Wallace and Mrs. Cecile Wavell, Library Board; Mr. Lou Donahoe, Transportation Advisory Board; Mr. Richard Conolly, Museum Board; and Mr. David Bonilla, Coastal Bend Hospital Authority and Coastal Bend Health Facilities Development Corporation. A motion was made by Council Member Berlanga, seconded by Council Member Frank Mendez, that the following board appointments be accepted: A. Mechanical Advisory Board Term to Expire (All Reappointments) Hoyte Gentry (Master Plumber) Jim Abernathy (Air Conditioning) Bill Collins (Not connec. w/bldg. ind) Daniel Torres (Air Conditioning) James W. Barnette (Commercial Builder) 1/2/87 1/2/87 1/2/87 1/2/87 1/2/87 MICROFILMED Minutes Regular Council Meeting February 5, 1985 Page 2 B. Senior Community Services Advisory Committee Mr. Richard Valent C. Food Services Advisory Council Martha Thielhorn D. Solicitations Commission Florence Beatty E. Drug and Alcohol Abuse Task Force Mr. Richard Graessle Dr. Maria Louisa Garz Patty Buck Mrs. Abbie Saenz Mr. Melvin Davis Belinda Lee Guerrero 12/26/86 6/24/85 7/10/87 Mr. Guadalupe Valdez a Mrs. Ella Prichard Dr. Sam Ganz Mr. Sam Satterfield Mr. Jim Walls (Youth Member) Mayor Jones called for consideration of Action from the Workshop Session on the following items: Council from the A. Approving a resolution requesting a public hearing on the issuance of a permit to burn polychlorinated biphenyls (PCB's). A motion was made by Council Member Mendez, seconded by Council Member Berlanga, that the foregoing be approved. The motion passed unanimously. B. Approving a resolution establishing a task force on drug and alcohol abuse. A motion was made by Council Member Berlanga, seconded by Council Member Slavik, that the foregoing be approved. The motion passed unanimously. C. Motion approving the State Department of Highways and Public Transportation's Plan for extending the Padre Island Drive Expressway through Flour Bluff and approving provisions for a turn -around design approximately 1000 feet east of Laguna Shores Road, and instructing the City staff to work together with the State staff in reviewing the economic impact study. A motion was made by Council Member Joe McComb, seconded by Council Member Mendez, that the foregoing he approved. The motion passed unanimously. D. Motion approving a Gas Marketing Program and instructing staff from the City's Gas Division to implement the program immediately. A motion was made by Council Member McComb, seconded by Council Member Brown, that the foregoing be approved. The motion passed unanimously. Minutes Regular Council Meeting February 5, 1985 Page 3 a * * * * * * * * * * * * * Mayor Jones called on Mr. Ed Rivera of the United Way to make a brief presentation regarding the care and housing of the homeless in the City. Mr. Rivera stated that the United Way has been very involved in this problem; they are committed to solving this problem through the agencies that they fund; and they are coordinating these services to maximize the services that are available. He stated that the Salvation Army is very involved in this problem, as well as other agencies. He then introduced Major Jim Waller of the Salvation Army. Major Waller stated that the Salvation Army, in cooperation with other agencies, is doing everything in their power to meet the needs of the homeless. They can house 109 people at the Salvation Army, and if necessary, open the gym on Buford to be used as housing. He stated that it is not necessary for the City to open their facilities. He stated that he is very grateful to the citizens of the City in supplying the needs of the Salvation Army and that he is confident that the Salvation Army can handle the problem. He stated that since the newspaper article and television story about the Salvation Army and the homeless, materials have been donated. He further stated that if more supplies are needed, he just would need to let the public know and the public' will respond in a generous way. Mayor Jones inquired as to the average number of people housed at the facility, and Major Waller stated that during the recent cold spell they housed 109 people, but the average ranges from 75 to 80 people. Council Member Slavik inquired if the private organizations were servicing the needs adequately, and Major Waller stated that he feels that they are, noting that they have never turned anyone away. Mayor Jones inquired if the Salvation Army provided meals, and Major Waller stated that they do. Mr. Richard Duncan, Executive Director of Metro Ministries, stated that he would like to echo Major Waller's statements in that the situation is under control. He stated that a few transients were housed at Loaves and Fishes during the recent freeze; Metro Ministries also operates ten family units at the Naval Air Station; and they do have plans to build a new facility for women and children, which is the greatest need in the area. He informed the Council that the long-term problem is funding for the services provided, and perhaps the City would consider budgeting shelters for the residents. He stated that a major problem is the fact that former state mental patients have been released; these people are now on the streets; employers will not hire them; and they have no transportation. He stated they are trying to work with these people and they. have found jobs for some, although many of these jobs are temporary. Council Member McComb stated that the private sector is responding to the needs of these organizations, and expressed the opinion that if the City did include these organizations in their budget, perhaps the private sector would not donate as much as they have in the past. Minutes Regular Council Meeting February 5, 1985 Page 4 Council Member Slavik inquired about the new women's shelter, and Mr. Duncan stated that funding for this was provided through the Kennedy Foundation and the Exxon Foundation, and the facility will be located at 1906 Leopard. He emphasized the fact that this will be a shelter for women and children, and is not to be confused with "The Women's Shelter", although they will be taking their overflow. Mr. Dunkin pointed out that the organization has 200 volunteers, and for every $1.00 that is spent, $3.00 in services is provided. Major Waller stated that the Salvation Army has support in the community for a new facility; construction on the facility will begin in July, and it will be located between Lipan and Mestina. Mayor Jones stated that he is very grateful for the services the organizations provide, and he feels that the problem is best handled by these organizations, but the City should be ready to listen. * * * * * * is * * * * * * * Mayor Jones called for consideration of the Consent Motions on the following items: 1. Approval of specifications and authorization to receive bids on February 20, 1985, for a twelve month supply agreement, with an option to extend for an additional twelve months, subject to the approval of the supplier and the City Manager, or his designee, for approximately 42 tapping sleeves and 38 valves for the Water Division, to be stored at City Warehouse. Estimated expenditure is $21,350. 2. Approval of specifications and authorization to receive bids February 27, 1985, for a twelve month service agreement with an option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee for IBM typewriter maintenance (estimated 235 typewriters). The estimated annual expenditure is $9,400. 3. Approval of specifications and authorization to receive bids February 27, 1985, for one trailer mounted 6" centrifugal pump with stainless steel well points and PVC header pipe and fittings to be used by the Wastewater Department. This item is included in the 1984-85 Capital Outlay Budget. Estimated expenditure $22,000. 4. Approval of specifications and authorization to receive bids February 27, 1985, for one 40' x 60' tent to be used by Park and Recreation Department. Estimated expenditures is $5,400. 5. Approving a twelve month supply agreement, with option to extend for an additional twelve months at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for 10, 12 and 14" steel line pipe for the Gas Division, based on low bid to L. B. Foster, for an estimated total of $472,690. Sixteen bid invitations were Minutes Regular Council Meeting February 5, 1985 Page 5 issued and four bids were received. Prices have increased 3.85% since last contract November, 1983. 6. Approving purchase of a 12 -ton equipment trailer for the Wastewater Division, based on low bid to Cooper Equipment Company for $8,160. Price has decreased 1% since last purchase January, 1984. Nineteen bid invitations were issued and six bids received. This item is included in the 1984-85 Capital Outlay Budget. 7. Approving a critical path for the Community Development Block Grant application process and setting a public hearing on the 11th Year Community Development Block Grant Program for April 30, 1985, at 7:30 p.m. in the City Council Chambers. 8. A public hearing be held on February 19, 1985, on the closure of an 18 foot wide alley in Block 19, Segrest Addition between Headley and Heinley Streets. Because of an existing sanitary sewer line and buried Central Power & Light and Southwestern Bell Telephone Company facilities in the alley, a utility easement must be retained. The staff otherwise offers no objection to the closure request. Council Member Berlanga referred to the purchase of the tent for Park and Recreation (item 4), and inquired as to the purpose of the tent. City Manager Martin stated that the tent would have a variety of uses; the funds being used are from the Community Beach Party held by the Park and Recreation Department; and the tent would be used in community based programs and events, similar to the event held at the Almanza Park. Referring to item 8, the alley closure in Segrest Addition, Council Member Berlanga inquired if the property would be given to the abutting owner, and Mr. Martin stated that it would, noting that the street closing ordinance requires the purchase of the closed property, but not on alley closings. Council Member Mendez referred to the public hearing on the Community Development Block Grant Funds and inquired if the neighborhood organizations would be notified. Mr. Martin stated that the different organizations would be informed of the hearings, and that this date, if approved by the Council, cannot be changed. Mayor Pro Tem Turner inquired if the budget cuts made by the Federal government would affect the CDBG funds, and Mr. Martin stated that the funds could be affected. Mayor Jones stated that those funds will be cut by 107., but that the program will continue to exist. Mr. Martin stated that within the next three or four weeks, the Council will discuss the effect of the President's budget decrease on the City's budget. Minutes Regular Council Meeting February 5, 1985 Page 6 Mr. Martin stated that CDBG and Revenue Sharing funds million per year of capital improvements and capital projects. Mayor Jones called for comments and there was no response. account for $6 from the audience on the Consent Motions A motion was made by Mayor Pro Tem Turner that consent motions 1 through 8 be approved, seconded by Council Member Guerrero and passed unanimously. * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances. Mr. Martin pointed out to the Council that the bid award for the Lakeview Acres Sanitary Sewer Improvements is being made to the second low bidder, Claude Chapman Construction Co., Inc. He stated that the low bidder, P & R Construction, reviewed their bid and determined that they cannot complete the work for the prices submitted; they will forfeit the bid security check in the amount of $1,999.50; and he pointed out that this is a perfect example of why bidders are required to submit a bid security of 5% of the total amount bid. Council Member Berlanga inquired as to how the money would be spent, and Mr. Martin stated that the money would go towards the project. Council Member Berlanga inquired as to Mr. Martin explained that contingencies laboratories, advertising expenses, etc. the meaning of contingency fee and are for additional work, testing Referring to the oversizing of sanitary sewer lines (item 9), Council Member Brown inquired if this was the normal practice of the City. Mr. Martin stated that the City always pays for oversizing, as this is not attributable to the developer. He stated that the City requires oversizing and pays the difference to the developer. Mayor Jones stated that the ordinance requiring oversizing was arrived at after considerable study and it seems to be working well. Mayor Jones called for comments from the audience on the Consent Ordinances and there was no response. Acting City Secretary Zahn in approved by motion on burning PCB's required a roll call vote, and these polled the Council for their votes approved: formed the Council that the Resolutions and the Drug and Alcohol Abuse Task Force would be included at this time. She then on the ordinances and the following were 9. ORDINANCE NO. 18680 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE DIOCESE OF CORPUS CHRISTI PERTAINING TO SANITARY SEWER OFFSITE EXTENSIONS TO SERVE ST. PAUL THE APOSTLE a Minutes Regular Council Meeting February 5, 1985 Page 7 CHURCH AND PROVIDING FOR THE OVERSIZING OF SANITARY SEWER EXTENSION PIPE FROM 8 INCH TO 12 INCH DIAMETER; APPROPRIATING $965; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Kennedy absent at the time the vote was taken. 10. ORDINANCE NO. 18681 AUTHORIZING THE EXECUTION OF A CONTRACT WITH CLAUDE CHAPMAN CONSTRUCTION COMPANY, INC. PROVIDING FOR SANITARY SEWER SERVICE TO REMAINING UNSERVED LOTS IN THE LAKEVIEW ACRES SUBDIVISION; APPROPRIATING $75,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Kennedy absent at the time the vote was taken. 11. FIRST READING CLOSING AND ABANDONING 50 FOOT WIDE LAST STREET FROM CALDWELL STREET TO MUSSETT STREET IN MUSSETT ADDITION; RETAINING A 10 FOOT WIDE UTILITY EASEMENT. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Kennedy absent at the time the vote was taken. 12. ORDINANCE NO. 18682 CLOSING AND ABANDONING ENNIS JOSLIN ROAD FROM McARDLE ROAD TO SOUTH PADRE ISLAND DRIVE; PROVIDING FOR ALL UTILITIES BEING REMOVED. The foregoing ordinance was read for the third and final time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Kennedy absent at the time the vote was taken. 12a. RESOLUTION NO. 18683 REQUESTING A PUBLIC HEARING ON THE ISSUANCE OF A PERMIT TO BURN POLYCHLORINATED BIPHENYLS (PCB's). The Charter Rule was suspended and the foregoing resolution passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Kennedy absent at the time the vote was taken. • Minutes Regular Council Meeting February 5, 1985 Page 8 12b. RESOLUTION NO. 18684 ESTABLISHING A TASK FORCE ON DRUG AND ALCOHOL ABUSE; AND. DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez, and Slavik voting "aye"; Kennedy absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Jones called for consideration of the motions listed on the Regular Agenda on the following item: 13. Approving the conceptual plans for Wilmot and Temple Parks. Temple Park plans call for a group shelter which follows a Mexican Heritage theme along with a surrounding walk. Wilmot Park plans include a large group shelter, playground, picnic area, parking, security lighting, landscaping, and irrigation. Mr. Martin referred to item 13 and stated that this is a large packet of park related improvements; the preliminary plans are prepared; and the staff needs Council approval of these plans before specifications are prepared and bids received. Mr. Malcolm Matthews, Landscape Architect for the Park and Recreation Department, displayed a drawing of the proposed plans for Wilmot Park. He stated that Lulac approves of these plans; they have acquired CDBG funds for the park improvements; and the plans include a large group shelter, playground, picnic area, parking, security lighting, landscaping, and irrigation. Mayor Jones inquired as to the number of parking spaces and Mr. Matthews stated that there will be 32 spaces. He also informed the Council that the park will have lighting, and this should help in the problem of transients using the park at night. Council Member Mendez stated that since there are not enough funds for sufficient landscaping, perhaps Lulac and other neighborhood organizations could conduct fund raising to help maintain and landscape the park. Council Member Guerrero suggested that individuals could possibly "adopt" trees for the park. Mr. Frank Longoria stated that he is a member of the committee which was instrumental in obtaining this park, and he wanted to recognize the members of Lulac who started this project. He stated that with this new facility, the burden carried by other parks will be eased, which will save the City money on maintenance. He then expressed his thanks to the City Council and the Park Department, and stated that Lulac has an open door policy, and would help the City in any way that they could. Council Member Mendez stated that he would attend the next meeting of Lulac, and would discuss the possibility of the "Adopt -a -Tree" program. Mr. Matthews then displayed a drawing of Temple Park and stated that this 's located between the State School and the Golf Center. He stated that the mple Park Neighborhood :ociation approached the City r it developing this • • • Minutes Regular Council Meeting February 5, 1985 Page 9 park; CDBG funds were secured for the improvements; and through meetings with the Association, it was determined that they wanted a park with a Mexican Heritage theme. He stated that this park will include a group shelter with a surrounding walkway. Council Member Guerrero noted that Mayor Pro Tem Turner's husband's architectural firm did the architectural design for this park free of charge, and that this was very instrumental in the action being taken today. Dr. Leo Carrillo stated that he had initially brought the justification for the project before the Council and the funds were approved by the Council. He stated that he had worked with Kelly Elizondo, Director of Neighborhood Improvement, and Mike Gordon and Malcolm Matthews of the Park Department. He stated that the neighborhood association adopted the park because of the undesirable activities that were being conducted in the park. He again thanked the staff and the Council for their support of this project. A motion was made by Council Member Berlanga that item 13 be approved, seconded by Mayor Pro Tem Turner and passed unanimously by those present and voting. Mayor Jones called for consideration of the following motion: 14. A public hearing be scheduled for February 19, 1985, on the closure request of Lenora Drive from Mt. Vernon Drive to McArdle Road and Mt. Vernon Drive from Lenora Drive approximately 200 feet westerly. This closure request is in connection with the proposed expansion of the Padre Staples Mall. Assistant City Manager Lontos displayed a transparency of the proposed street closure and briefly explained to the Council the background of this request. He informed the Council that this request is from Mr. Roy Smith, and that Mr. Smith has plans to expand the Dillard's Department Store located in Padre Staples Mall, and also he has plans for a Foley's Department Store, which will require the construction of a multi-level parking garage in the area of the Janet Drive closure near McArdle Road. r. Lontos stated that on May 26, 1982 the City Council reviewed the exten- sion of Mustang Trail from South Staples to Padre Island Drive; nine different routes were proposed at that time; all of these received objections either from the Mall owners or from the residents in the neighborhoods who felt that a collector street separating the neighborhood and the park would be detrimental; and the staff feels Mustang Trail must be extended to Padre Island Drive from Staples in order to provide circulation in this area of high traffic movement. He further stated that it is imperative that provisions be made for the exten- sion of Mustang Trail before these streets are closed. Mayor Jones stated that portions of Janet and Mt. Vernon Drive had been closed, subject to certain conditions, and Mr. Lontos stated that those conditions have not yet been met; therefore, technically speaking, these streets are still open. Minutes Regular Council Meeting February 5, 1985 Page 10 City Manager Martin noted that the houses that will be moved from this location do have rehabilitation potential, and the City is reviewing this possibility. Mr. Lontos continued by stating that the plans for Mustang Trail would be similar to that of Kostoryz/Carroll Lane/Weber area in that Mustang Trail would go under the freeway, and access off the freeway to Mustang Trail would be from the Staples or Everhart exit; i.e., there would be no access from the freeway to Mustang Trail. Mayor Jones inquired as to why this was so urgent, and Mr. Lontos stated that the biggest problem on Padre Island Drive is the movement on the north and south corridor. He stated that the additional connections will allow a time span for the traffic to make circulation without congesting the Everhart area by using the turnaround provided by Mustang Trail. Mayor Jones inquired if this has the support of the Highway Department, and Mr. Martin stated that the Highway Department is changing their position on this matter. Mayor Jones stated that the Council will need to close the streets only if right-of-way is granted for the Mustang Trail extension when this is heard on February 19, 1985. Mayor Jones called for comments from the audience and there was no response. Mayor Pro Tem Turner made a motion that item 14 be approved, seconded by Council Member Mendez and passed unanimously by those present and voting. * * * * * * * * * * * * * Mayor Jones called for consideration of the ordinances listed on the Regular agenda. City Manager Martin referred to the ordinance awarding the site development for various parks to Black Brothers Construction, Inc. He stated that this was before the Council previously and the Council requested that additional information be provided regarding the Lerma Company, who was the low bidder but in the staff's opinion, was not satisfactory due to their past experience. Council Member Berlanga stated that the accusations made by the staff in the memorandum are serious, and he feels that if the Lerma Company was unsatisfactory, they would not be able to obtain a bond. Mayor Pro Tem Turner stated that there seems to be contradictory statements_ made by F & E Erection regarding the Lerma Company, and she is concerned about disqualifying a bidder after the fact. Council Member Mendez stated that he felt the award should be given to the Lerma Company. a Minutes Regular Council Meeting February 5, 1985 Page 11 Mayor Jones stated that the staff has made a recommendation to the Council; the staff has an obligation to make the recommendation that is in the best interest of the City to the Council; and he will vote in favor of the staff's recommendation to award the contract to Black Brothers. Council Member McComb stated that the staff has done an in-depth investigation as to what would be best for the City, and he is in favor of the staff' recommendation. Council Member Slavik stated that the Council had asked the staff to investigate this further; the staff did this investigation; and she is in favor of the staff's recommendation. Council Member Berlanga stated that the City should prequalify bidders, and Mayor Jones stated that prequalification would hurt minority contractors who have not had much experience. Mayor Pro Tem Turner expressed concern about the payment of subcontractors, stating that it was noted in the memorandum that Mr. Lerma had not paid his subcontractors. She inquired if bid award could be conditioned upon Mr. Lerma paying the subcontractors first. Mr. Martin pointed out that the City could pay subcontractors directly, but this is not the City's responsibility. He noted that it would be difficult for the general contractor to pay the subcontractors without the City paying the general contractor first. In reference to prequalification of bidders, Mr. Martin pointed out that this is easy for the staff, but that the issue of disqualifying someone would be before the Council before the bids had even been received. Council Member Guerrero stated that he supports the Lerma Company. He stated that Mr. Lerma's reputation is at stake and he should be given a chance to regain his reputation. Council Member Mendez stated that he agrees with Mr. Guerrero's statements. He also stated that the Lerma Company is a minority contractor and that in itself is sufficient reason to award the bid to Mr. Lerma's company. Council Member McComb stated that if the majority of the Council wants to to award the contract to Lerma, that is something they will probably have to deal with in the future, but he is in favor of the staff recommendation. Mr. Lerma, President and owner of the Lerma Company, refuted all of the charges in the staff memo and stated that he does not owe money to subcontractors. Council Member Berlanga stated that the memorandum referred to the fact that Mr. Lerma constructed a building that was not square, and Mr. Lerma stated that the building was square, just one wall was crooked. Be then reiterated that his company does not owe any subcontractors. • Minutes Regular Council Meeting February 5, 1985 Page 12 Council Member Berlanga stated that it was brought up that Mr. Lama's company could not be bonded, and Mr. Lerma stated that his company could obtain a get bond. Mr. Martin stated that if anything is inaccurate in the memorandum he would like to know, and he asked Mr. Lerma to point out anything that was inaccurate, noting that he could get affidavits from the Navy regarding Mr. Lama's performance if necessary. Mr. Lerma reiterated that he did not owe money to subcontractors. Mayor Jones stated that he could understand Mr. Guerrero's feelings in that Mr. Lerma should be given a chance, but the Council has a responsibility to spend the taxpayers' money diligently. Council Member Mendez stated that a similar incident occurred with Jalco, in that they had no experience on a landscaping project, but they were awarded the bid. Council Member McComb pointed out that an employee with Jalco had considerable experience in landscaping, and stated that the case with the Lerma Company involves negative experience as opposed to positive experience. City Manager Martin stated that the staff is being consistent in their recommendations and they will continue to be consistent on future items. He noted that on the Jalco bid, the firm had no specific experience, but the individual in charge of the project had a lot of experience. He also noted that the Jalco bid was not a case of bad work references. Council Member Guerrero made a motion to amend ordinance 15 and award the site development for Acushnet, Brookdale, Overland Meadows, Parkview and Sands Parks to The Lerma Company and to change the appropriations in accordance with the Lerma Company's bid. The motion was seconded by Council Member Berlanga and passed by the following vote: Jones, McComb, and Slavik voting "no"; Turner, Berlanga, Brown, Guerrero, and Mendez voting "aye"; Kennedy absent at the time the vote was taken. Acting City Secretary Zahn polled the Council for their vote on the amended ordinance and it passed as follows: 15. ORDINANCE NO. 18685 AUTHORIZING THE EXECUTION OF A CONTRACT WITH LERMA COMPANY AND ASSOCIATES FOR THE SITE DEVELOPMENT OF ACUSHNET, BROOKDALE, OVERLAND M1EADOWS, PARKVIEW AND SANDS PARKS; APPROPRIATING $310,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote Jones, McComb, and Slavik voting "no"; Turner, Berlanga, Brown, Guerrero, and Mendez voting "aye"; Kennedy absent at the time the vote was taken. Mayor Jones called for consideration of the remaining ordinances. • Minutes Regular Council Meeting February 5, 1985 Page 13 Speaking in regard to the Operation and Improvement Program for the Gabe Lozano, Sr. Golf Center and the Oso Beach Municipal Golf Course, Mr. Martin stated that this is a new approach for the City's golf program; the Park and Recreation Board has established the improvement of the City's golf courses as a major item and the staff has been spending a great deal of time on this program in cooperation with the various golf organizations. He referred to a manual presented to the Council Members and stated that the proposed program has the approval of all of the different golf groups. Mr. Terry Dopson, Director of Parks and Recreation, provided highlights of the manual and stated that the basic elements include additional supervision for both golf courses, and a plan to employ a consultant to examine all of the elements of the golf courses, including soil conditions, water systems, etc. He informed the Council that the contracts for the professionals at both golf courses have expired and the City has entered into 30 -day contracts with them until after the report has been received from the consultant. Mr. Dopson continued by explaining that the Greens Committee has devised a five-year program for the improvement of the golf courses. He stated that their lowest priority was the driving range, but the staff feels that since this is revenue producing it should be given higher priority. He summarized by stating that the staff plans to spend $100,000 at the Lozano Golf Center and $100,000 at the Oso Golf Course. He explained that some of the funds will be from the proceeds of the sale of lots in Parade Place. Council Member McComb complimented the staff and the Greens Committee for their efforts in bringing the City's golf courses up to par, particularly since the Pan American Golf Association National Convention will be conducted in August. He noted that there is a tremendous interest in golf, and improved golf courses will help the City's tourist industry. He stated that one of his concerns is that the Lozano Golf Center is operated differently from the Oso Golf Course and inquired about the type of arrangements that have been made to see that the golf pro shops are kept up to standard during this interim period. Mr. Dopson assured him that they will try to maintain a good inventory in the golf pro shops during this period of time. Council Member Mendez stated that he was very glad these improvements would be done and inquired about the status of the cart paths. Mr. Dopson stated that the City had much difficulty in getting the paths completed; the base material is in place, but he did contact the contractor again this week. He noted that this contract was let in October and it was a twenty -day project. Mayor Pro Tem Turner stated that the City is very supportive of this. program, and noted that the Pan American Golf Tournament will be held here on August 5 through 10, 1985. Council Member Slavik inquired as to how the $143,000 will be utilized, and Mr. Martin stated that they want to take the Oso Golf Course out of the General Fund and set it up as an enterprise fund. He stated that in order to do this, Minutes Regular Council Meeting February 5, 1985 Page 14 initial investment is needed. He informed the Council that Certificates of Obligation were sold for the Lozano Golf Course, and stated that one of the concerns was that money being made at the golf course was not being spent on the golf course. He stated that the staff feels that the golf course is ready to pay for itself; the goal is not to make the golf course competitive, but independent. Mr. Charles Blum, a member of the Park Board, stated that he would like to thank the Council for allowing the Greens Committee to be formed. He stated that users of the golf courses are willing to agree to increased fees in order that the improvements can be made. Mr. David Longoria, President of the Pan American Golf Association, thanked the Greens Committee and the Council for making the improvements to the golf courses. He stated that the National Convention of the Pan American Golf Association will be a conducted in August; they will be in Corpus Christi for 8 to 10 days; and the golf course will make approximately $60,000 to $70,000 just on fees and cart rentals. Mr. A. E. Huggins, Co -Chairman of the Greens Committee, thanked the Council, the Park Board, and Terry Dopson for the plan for improvements to the golf courses. Acting City Secretary Zahn polled the Council for their vote on the ordinance and it passed as follows: 16. ORDINANCE N0. 18686 APPROVING THE PROPOSED OPERATION AND IMPROVEMENT PROGRAM FOR THE GABE LOZANO, SR. GOLF CENTER AND THE OSO BEACH MUNICIPAL GOLF COURSE; APPROPRIATING $143,175.10; 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." City Manager Martin stated that ordinance 17 regarding liquid waste hauling, is a first reading ordinance. Mr. Lontos explained that this ordinance is to change the insurance limits for waste haulers; the Risk Management Department discovered that the City's liability requirements were too low; they feel the City should be listed as co-insured on the policies; and in general, this is just a housekeeping measure. Mayor Jones inquired if this would increase premiums and if the companies affected had been notified, and Mr. Martin stated that it would not be a significant increase, and some of the companies are aware of the proposed increase. Mayor Jones called for comments from the audience, and there was no response. • Minutes Regular Council Meeting February 5, 1985 Page 15 •• Acting City Secretary Zahn polled the Council for their vote on the ordinance and it passed on first reading as follows: 17. FIRST READING AMENDING CHAPTER 55, UTILITIES, ARTICLE XIII, LIQUID WASTE HAULING, SECTION 55-161, PERMIT APPLICATION, ISSUANCE, BOND, FEES, QUALIFICATIONS, ETC.,; PROVIDING FOR INSURANCE REQUIREMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Turner absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Jones announced the public hearing on three zoning cases: 18. Application No. C185 -10T, City of Corpus Christi, Texas: Amendment to the Zoning Ordinance by amending Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.82 setting forth a zoning classification of "B -2A" Barrier Island Business District on a described tract of land when annexed to the City of Corpus Christi, Texas. Being Blocks 1, 2, and 3, Section 18, Padre Island, Corpus Christi, located on the east side of Padre Island Drive, and bounded on the west by Nueces County Park No. 2 and on the north and east by Packery Channel. Assistant City Manager Utter stated that in response to the thirteen notices mailed, two in favor and two in opposition were returned. He stated that both the Planning Commission and Planning Staff recommend approval. Mr. Larry Wenger, Director of Planning, displayed the area on the zoning and land use map, showed slides of the area, and explained the land use in the surrounding area. Mayor Jones inquired as to the major difference between "8-2" zoning and "B -2A", and Mr. Wenger stated that "B -2A" is a newly created zoning classification in order to allow convenience stores, car washes, and service stations on the island. He stated "B -2A" zoning allows those uses that are needed on the island. He informed the Council that the Padre Island Property Owners Association is in favor of this. Mr. Wenger continued by stating that the other lots in this area will be considered for "B -2A" zoning by the Planning Commission on February 13, 1985. Mrs. Turner inquired if the Council could zone the entire area "B -2A" and Mr. Wenger stated that this could be done, but the hearing process must be complied with. Minutes Regular Council Meeting February 5, 1985 Page 16 Mayor Jones response. called for comments from the A motion was made by Mayor seconded by Council Member Mendez Pro Tem Turner audience and there was no that the hearing be closed, and passed unanimously. Acting City Secretary Zahn polled ordinance effecting the zoning change and ORDINANTCE NO. 18687 the Council for their vote on the it passed as follows: AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 SUBSECTION, 31-5.82, SETTING FORTH ZONING CLASSIFICATION OF SAID AREA OF LAND DESCRIBED AS BLOCKS 1, 2, AND 3, SECTION 18, PADRE ISLAND -CORPUS CHRISTI; 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." * * * * * * * * * * * * * 19. Application No. 185-11, Ms. Beatrice R. Carmona and Mr. Gilbert V. Ramos: for a change of zoning from "A-2" Apartment House District to "B-4" General Business District on Lots 7, 8, 9, and 10, Block 13, Paul Court, located on the south side of Lipan Street, and at the southeast corner of Lipan and Mexico Streets. Assistant City Manager Utter stated that in response to the 23 notices mailed, six in favor and one in opposition were returned. He stated that both the Planning Commission and Planning Staff recommend approval. Mr. Larry Wenger, Director of Planning, displayed the area on the zoning and land use map, showed slides of the area, and explained the land use in the surrounding area. Mayor Jones determined that no one in the audience wished to address the Council in regard to the zoning change. A motion was made by Council Member Brown that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. Acting City Secretary Zahn polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: ORDINANCE NO. 18688 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF BEATRICE R. CARMONA AND GILBERT V. RAMOS BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 7, 8, 9, AND 10, BLOCK 13, PAUL COURT, FROM "A-2" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting February 5, 1985 Page 17 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. Application No. 185-4, Mr. William L. Murray: for a change of zoning from "A-2" Apartment House District to "B-5" Primary Business District on Lots 1 and 2, Shoreline Terrace, located on both sides of South Water Street between Upper Broadway and South Shoreline Boulevard, approximately 350' north of Furman Avenue. Mr. Utter stated that in response to the 27 notices of the public hearing, one was received in favor, four in opposition, and one in opposition outside the area of notification. He stated that the Planning Commission recommends denial of "B-5" and in lieu thereof grant "8-2" with a special permit for an office condominium project on Lot 1 and a two-level parking garage on Lot 2, according to the site plan submitted, and the Planning Staff recommends denial of "B-5" and in lieu thereof grant "B-2" with a special permit for an office condominium project on Lot 1 and a two-level parking garage on Lot 2, according to the site plan submitted subject to eliminating the canopy structure from the front yard of Lot 1 along Shoreline Boulevard. Mr. Utter informed the Council that the staff received today a new site plan and the staff would concur with the Planning Commission recommendation to leave the canopy in place. He stated that the site plan submitted shows two curb cuts on Shoreline Drive, and this they do not agree with. He continued by stating that the site plan shows all ingress on Water Street; the first level of the garage would exit on Water Street; and the second and third level would exit on Coleman Street. He stated that the Staff recommends installation of a gate on the upper level in order to insure that no ingress is allowed, except on Water Street. Mr. Larry Wenger, Director of Planning, displayed the area on the zoning and land use map, showed slides of the area, and explained the land use in the surrounding area. He informed the Council that the Staff does not want curb cuts on Shoreline and that there would be 79 parking spaces in the three level garage. • Mr. Utter stated that there would be no traffic exiting on Upper Broadway; all of the traffic leaving the garage would go down Coleman. Mr. Wenger pointed out that the upper two levels would exit on Coleman and the first level would exit on Water Street. He stated that this is an estimated 140 vehicle trips per day. Council Member Kennedy stated that the Church of the Good Shephard has no objection to the proposed plan. Council Member Berlanga noted that parking is allowed on Coleman and stated that he felt Coleman is not wide enough. He also referred to the zero lot line on Upper Broadway and Mr. Utter stated that the right-of-way on Upper Broadway Minutes Regular Council Meeting February 5, 1985 Page 18 actually extends down the bluff; the developer will have to fill in this area; and this will result in more area on the bluff. Council Member Slavik stated that she is opposed to access from the Bluff and Mr. Wenger stated that there would be no access on Upper Broadway. Mrs. Slavik continued by inquiring why a parking garage was necessary, and Mr. Utter informed Mrs. Slavik that in order to meet the parking requirements as required by the City, a parking garage is needed. Mrs. Slavik inquired about the letters of opposition and Mr. Utter read the letters to the Council. Mayor Jones called on the applicant to speak. Mr. Romeo Garcia, 5026 Cascade, stated that the building is a very unique structure, and the building is in need of improvement. He displayed drawings to the Council showing the proposed project; the proposed curb cuts, the traffic pattern flow, and the parking garage. He informed the Council that according to traffic counts, Coleman is being used at 38% of its capacity. He stated that he feels the safety questions have been answered; the garage will be approximately 3 feet above Upper Broadway; they will be able to landscape this area; and the entrance to the garage will be on Water Street. He emphasized that there will be no access or exit on Upper Broadway. He pointed out that the peak traffic will occur around 5:00 p.m., which will not interfere with the school traffic. He also stated that they will be increasing the width of the parking area across the street from the building; the staff agrees with the canopy as shown on the site plan, as this is an integral part of the building. He continued by stating that when a building has a canopy in the front, a driveway is needed. He stated that if a driveway is not allowed in the front of the building, cars will be stopping on Shoreline to let passengers out of the vehicles. He informed the Council that the applicant would like to have a single lane driveway, with no parking signs posted, as a dropping -off point. He stated that the building does carry a Shoreline address and it is important that a physical entrance be located on Shoreline. He asked that the Council consider allowing the curb cuts. Council Member Slavik stated that she is concerned about vehicles exiting on to Shoreline. In summary, Mr. Garcia stated that they would like the Council to approve the Planning Commission's recommendation but they would like that amended to allow for a single -lane driveway, with signage regarding parking. Mayor Jones called for comments from the audience. Mrs. June Reynolds, Cliff House Condominiums, stated that she is not opposed to the office building but is concerned that Coleman, Street is too narrow. She stated that people park on both sides of the street, which in actuality makes Coleman a one-way street. She also stated that there is a pedestrian light on Carancahua, which also causes cars to back up to Coleman and • Minutes Regular Council Meeting February 5, 1985 Page 19 a • block the intersection. She also expressed concern about the zero lot line, noting that the Church has a 20 -foot setback on either side. Mayor Jones inquired if the cars parked on Coleman were parked illegally, and Mr. Utter stated that the cars are parked legally; several years ago there was discussion about prohibiting parking between certain hours on Coleman, which if implemented, would greatly reduce the traffic problems. Mr. Utter continued by stating that parking should be allowed on one side of the street, and that the staff could review this suggestion and report to the Council with a recommendation. Mayor Pro Tem Turner stated that she agreed with installation of the canopy on the building, and also stated that she was in favor of the curb cuts on Shoreline. Mr. Utter stated that with the canopy installed on the front of the building, this would cause people to stop on Shoreline Boulevard in order to let people out of their cars. He further stated that there would be landscaping between the two curb cuts. Mr. H. K. Bhakta, owner of the Gulf Winds Motor Hotel, objected to the installation of the canopy, as this would block his hotel sign which is located next to the subject property. Mayor Jones inquired if the zoning ordinance prohibits the blocking of an individual's business sign, and Mr. Utter stated that it does not. Mrs. Pat Eisenhauer stated that the City needs this project, and she urged approval of the canopy and the curb cuts. There were no further comments from the audience. A motion was made by Council Member Brown that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Mayor Pro Tem Turner that "B -S" zoning for Application No. 185-4 be denied, and in lieu thereof grant "B-2" zoning as recommended by the Planning Commission, with a special permit to allow a canopy, allow curb cuts on Shoreline, and the installation of an automatic gate to prohibit traffic from entering the third level of the parking garage from Coleman Street, all in accordance with the site plan submitted. The motion was seconded by Council Member Brown. Council Member Slavik asked how many curb cuts fronting on Shoreline the Gulf Winds Hotel had, and Mr. Bhakta stated that there were two. Council Member Kennedy inquired if the height of the canopy could be lowered, and Mr. Garcia stated that that could be done. The motion passed unanimously. Minutes Regular Council Meeting February 5, 1985 Page 20 Council Member Slavik made a motion that the staffreport to the Council regarding parking restrictions on the north side of Coleman, seconded by Council Member Brown, and passed unanimously. week. Mr. Utter informed the Council that the ordinance would be considered next * * * * * * * * * * * * * Council Member Mendez stated that he had been contacted by a property owner in the La Arboleda Subdivision who had purchased a lot and wanted to place a house on the lot. He stated that this is a unique situation in that the lot is 4008 square feet and the ordinance states that the lot must be at least 5000 square feet before a house could legally be placed on the lot. He stated that the property owner had met with Mr. Wenger and a member of the Legal Department today, and he inquired about the outcome of that meeting. Mr. Wenger stated that the only recourse in this situation is to either amend the ordinance or that the property owner appear before the Board of Adjustment and ask for a variance. Mayor Jones stated that it would be better if the gentleman appeared before the Board of Adjustment, and Mr. Wenger stated that the Building Division is in the process of forwarding this to the Board of Adjustment. Council Member Mendez inquired if some type of amendment could be passed today, and City Manager Martin stated that the only position the City Council could take would be to amend the ordinance, which would require three readings and thus take longer than appealing to the Board of Adjustment. Council Member Mendez stated that the Council should discuss this ordinance at some time in the future. Council Member Guerrero noted that construction and/or repairs to homes are taking over a year to complete, and stated that he would like an agenda item on the extension of building permits. Mayor Jones agreed with Mr. Guerrero and stated that he would also like to have this placed on the agenda for discussion. Referring to another matter, Council Member Guerrero stated that there is state owned land in the City that is not being maintained by the State or the City and the Council needs to address this problem. He specifically referred to 80 acres located on Greeftwood, and suggested that someone from Gary Morrow's office could possibly address the Council on this problem. Mayor Jones asked that the staff provide a report on this matter, and Mr. Martin stated that he could not report on this for at least six months. Mayor Jones then asked for a report on the land located on Greenwood. City Manager Martin stated that there will be another nationally televised Minutes Regular Council Meeting February 5, 1985 Page 21 boxing match on April 13, 1985 at the Memorial Coliseum. He informed the Council that the Coliseum was reserved for another event, but an agreement was reached and the Retail Grocery Association, who had the Coliseum reserved for a Country and Western show, will now conduct their event at the Convention Center. He also informed the Council that on February 28, 1985, Radio Station K-99 is sponsoring a show by Lee Greenwood and that all of the proceeds would be donated to Operation Heat Help, the City's gas assistance program. He stated that this would net approximately $10,000 for the program. Mayor Jones stated that on February 28, 1985, the Navy League would be conducting an event and a homeport official would be present. Council Member Berlanga inquired about the insurance requirements for events at the Coliseum, referring in particular to the fact that the senior class of Robstown had been asked to provide a large amount of insurance. Mr. Martin stated that the rate depends on the size of the crowd. Mayor Jones called for petitions from the audience. Mrs. Wilma Godkin, 1410 Cambridge, stated that pornographic magazines are being displayed at convenience stores and she was concerned about young people being able to see these magazines. She also stated that there should be no smoking signs in elevators, displayed prominently, and she requested that this be made a part of the building code. Mayor Jones requested a report from the staff regarding the signs in elevators. There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Guerrero, the meeting was adjourned at 6:44 p.m., February 2, 1985. /tkd