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HomeMy WebLinkAboutMinutes City Council - 05/28/1985MINUTES City of Corpus Christi, Texas Regular Council Meeting May 28, 1985 2:00 p.m. PRESENT Mayor Luther Jones Mayor Pro Tem Dr. Jack Best Council Members: David Berlanga, Sr. *Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong City Manager Edward Martin City Attorney Bruce Aycock City Secretary Armando Chapa Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Bill Pruet, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member David Berlanga. City Secretary Armando Chapa called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Council Member Frank Mendez that the minutes of the Regular Council Meeting of May 21, 1985 be approved as presented; seconded by Mayor Pro Tem Jack Best; and passed unanimously. * * * * * * * * * * * * * Mayor Jones announced the presentation by the of Fine Arts. Mrs. Betsy Lambert introduced three children the children provided the Council with copies of Gold" which is available for sale; and she stated with emphasis on the fine arts. Chula Vista Elementary School from the Chula Vista School; a magazine entitled "Pot of that Chula Vista is a school * * * * * * * * * * * * * MICROFILMED Minutes Regular Council Meeting May 28, 1985 Page 2 Mayor Jones called on Mr. David Longoria to make a presentation. Mr. Longoria, President of the Pan American Golf Association, presented the Council with an oil painting of Gabe Lozano, Sr. He stated that this picture would be hanged at the Gabe Lozano, Sr. Golf Center. * * * * * * * * * * * * * Mayor Jones then administered the Oath of Office to the following newly appointed board members: Mr. Servando Caballero, Loan Review Committee/Corpus Christi Housing Finance Corporation and Mr. Henry Gorham, Sister City Committee. * * * * * * * * * * * * * *Council Member Leo Guerrero arrived at 2:10 p.m. Mayor Jones called for consideration of Action of the Council from the Workshop Session, and City Secretary Chapa polled the Council for their vote on the following resolution: RESOLUTION NO. 18864 CONFIRMING THE APPOINTMENT BY THE CITY MANAGER, PURSUANT TO THE CITY CHARTER, ARTICLE III, SECTION 3, OF ALMA ANDERSON TO THE POSITION OF HUMAN RELATIONS ADMINISTRATOR; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the resolution passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." City Manager Edward Martin then introduced Ms. Anderson. * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Motions. 1. Approval of specifications and authorization to receive bids June 26, 1985 for one sewer tool bucket and truck loader for the Wastewater Division. Equipment is included in the 1984-85 Capital Outlay Budget with an estimated expenditure of $35,000. 2. Approving purchase of one (1) 62 hp tractor loader backhoe and two (2) 77 hp tractor loader backhoes based on low bid to Preco Machinery Company for a total award of $87,885. Prices have decreased 8% since last purchase in May, 1984. Four bid invitations were issued and five bids received. These units will be used by the Water, Gas and Wastewater Divisions. 3. Approving the purchase of 80 sealed coin box conversions for Duncan parking meters for Traffic Engineering from Jerry Dreher, Distributor for Duncan Industries, for the total amount of $9,500, based on only bid. This item nutes egular Council Meeting May 28, 1985 Page 3 must be purchased from the original manufacturer. No other manufacturer produces parts for Duncan meters. 4. Approving the purchase of forty-five double head and sixteen single head parking meters for the Traffic Engineering Division, from POM, Incorporated for the total amount of $14,080.64 based on low bid. This item is included in the 1984-85 Capital Outlay Budget. Mayor Jones referred to item 3, coin box conversions for parking meters, and City Manager Martin explained that this would eliminate the actual handling of the coins in that the coins would go directly into a sealed box. In response to Mr. Berlanga's question on item 4, the purchase of parking meters, City Manager Martin explained that these meters will not be placed in the parking lot by the Old Courthouse, but that a recommendation on that parking lot will be made in the future. 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 swimming pool chemicals for Park and Recreation Division, based on low bid to the following companies: a. Acetylene Oxygen Company Liquified Chlorine in 150# cylinders, est. 280 Total: $7,560 b. Dixie Petro -Chem Muriatic Acid, Est. 3,375 lbs. Bicarbonate of soda, Est. 3,500 lbs. Total: $777 c. Van Waters & Rogers Caustic Soda, Est. 33,000 lbs. Soda Ash, Est. 40,000 lbs. Calcium Hypochloride in 1006 drums, Est. 9 Total: $7,394 GRAND TOTAL: $15,731 Ten bid invitations were issued and five bids were received. Prices have increased an average of less than 1% from last contract of May, 1984. 6. Authorizing the City Manager to advertise for proposals to provide long distance telephone service for use by all City departments. It is anticipated that appreciable savings will be realized through reduced rates and improved control of long distance calling. Minutes Regular Council Meeting May 28, 1985 Page 4 7. Authorizing the City Manager, or his designee, to advertise for proposals to provide and install a telephone system in the new Central Library and to enter into a non-exclusive supply agreement for additional equipment for other City facilities and applications as necessary. 8. The following actions be taken on the Greenwood Park/Garcia School Multipurpose Court project: a. The contractor be granted a 14 -day time extension to supplement 25 working days allotted for the project due to excessive delays and reworking as a result of extreme wet weather conditions. b. The project be accepted and final payment of $11,677 be authorized to Black Brothers Construction, Inc. The total cost of this project, which is funded with 1977 Park Bond Funds as part of the Tennis Improvement Program, is $33,925. 9. The following actions be taken on the Multicultural Center Site Development project: a. The project, with the exception of the 52 -space parking lot, be accepted, and payment of $39,208 be authorized to Salazar Construction, Inc. b. The City Engineer be authorized to accept, and release funds for the 52 -space parking lot, authorized by Change Order No. 3, when the parking lot construction has been completed. This project provided for the construction of an entry plaza off Chaparral Street near the Galvan House, a fenced courtyard with gazebo, a public restroom building, landscaping and irrigation, construction of two parking lots, area lighting, and related site work in the Historical Homes block. The total cost of this project is $440,000. 10. Accepting the Acoustical Improvements to the Convention Center Exhibit Hall and authorizing final payment of $3,016.20 to J & J Insulation and Acoustics, Inc. The total cost of this project, which provided for the installation of additional insulation in various areas of the Exhibit Hall to improve acoustics, is $30,162. 11. The following actions be taken in connection with the Oso Wastewater Treatment Plant Contract 4: a. The contract with Permian Constructors, Inc., and Republic Mechanical Corporation, a joint venture, providing for first phase expansion of the Oso Wastewater Treatment Plant, be accepted, subject to claims and defenses in pending litigation. b. The contractor be assessed $87,300 liquidated damages for a contract time overrun of 87.3 days at $100 per day. utes _gular Council Meeting May 28, 1985 Page 5 c. Retainage of $372,845.73 be withheld until litigation between Permian/Republic and the City is resolved. d. Deducting $54,394.17 for repairs performed on the traveling clarifier bridges in order to bring them into acceptable condition for installation by contractor on Contract 5. Permian/Republic refused to make these repairs, thus, making it necessary for the City to have the work done by the contractor on Contract 5. Construction costs for this project totalled $7,456,914.67. Council Member Mary Pat Slavik asked for an explanation of item 11, the Oso Wastewater Treatment Plant Contract 4. Assistant City Manager James R. Lontos explained that Contract 4 was awarded in 1979 to Permian Construction Company and Contract 5 was awarded in 1981 to F & E Construction Company. He stated that both contracts involved modifications to the plant and expansion from 12 million gallons per day to 16.2 million gallons per day, and that this does not involve any other expansions of the plant. City Manager Martin pointed out that this finalizes the past contracts, noting that Contract 4 is subject to litigation. Mayor Jones called for comments from the audience on the Consent Motions and there were none. A motion was made by Council Member Mendez that Consent Motions 1 through 11 be approved; seconded by Mayor Pro Tem Best; and passed unanimously. * * * * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances and stated that as a result of the Council's trip to Choke Canyon, a resolution will be considered urging the Texas Parks and Wildlife Department to open the South Shore Recreation Area facilities for public use. He stated that copies of this resolution will be sent to the local legislative delegation. Council Member Joe McComb stated that he supports the opening of these facilities, but pointed out that it would be costly for the City to maintain the grounds. He inquired if this action would jeopardize the City's relationship with the Texas Parks and Wildlife Department. City Manager Martin stated that the Parks and Wildlife Department implied in their letter of April 17, 1985 that the problem of opening the facilities lies with the City; he has responded to that letter with a strong position; and the passage of the resolution is an act of supporting the opening. Minutes Regular Council Meeting May 28, 1985 Page 6 Council Member Slavik stated that many people were concerned that the State would not have the funds to maintain the facility, and Mayor Jones pointed out that the City is just taking a position. Council Member Berlanga stated that it is up to the City to accelerate the opening of the park. Referring to item 18, signalization of several street intersections, Council Member Mendez inquired why FM 624 and Wildcat Lane was not listed for signalization improvements. Mr. Tom Stewart, Director of Transportation, stated that the intersections listed are State Department of Highways and Public Transportation projects, and the improvements to FM 624 and Wildcat Lane have already been authorized by previous Council action, but there had been a delay in receiving the equipment. Council Member Slavik inquired about item 20, the hiring of 48 temporary positions for the summer recreation program, and Mr. Martin explained that all 48 positions would not be hired at once, but as the fees are collected more positions would be filled. Mr. Martin elaborated that the Park Board had recommended that a $10.00 per participant registration fee for the nine week summer program be initiated, and that the revenue generated by the fee be utilized for the hiring of additional staff. Mayor Jones noted that any children that cannot pay the fee will still be accepted into the program. Mayor Jones called for comments on the Consent Ordinances, items 12 through 26. Mr. Ron Dillinger, Three Rivers, Texas, expressed his gratitude for the passage of the Resolution to the Texas Parks and Wildlife Department. He noted, however, that the relationship between the City and the Wildlife Department is strained; the Department was upset because they were not included in the decision to drain the reservoir; and he suggested that in addition to the resolution, the Council resolve the problems with the Parks and Wildlife Department. City Manager Martin brought to the Council's attention the fact that the City is releasing 3 billion gallons a day over the dam, which is 30 days worth of water. There were no further comments from the audience on the ordinances; City Secretary Chapa polled the Council for their vote; and the following were approved: 12. ORDINANCE NO. 18847 ACCEPTING THE CONTRACT WITH F & E ERECTION COMPANY, INC. FOR IMPROVEMENTS TO THE OSO WASTEWATER TREATMENT PLANT CONTRACT 5 AND AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF $217,305.15; GRAFITING THE CONTRACTOR A 103 -DAY EXTENSION TO THE nutes gular Council Meeting May 28, 1985 Page 7 CONTRACT PERIOD; APPROPRIATING $45,000 OUT OF THE NO. 250 SANITARY SEWER BOND FUND FOR FINAL PAYMENT TO THE CONTRACTOR AND ENGINEER AND FOR RELATED EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 13. ORDINANCE NO. 18848 AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE TEXAS -MEXICAN RAILWAY FOR THE RIGHT -OF -ENTRY INTO TEXAS -MEXICAN RAILWAY PROPERTY FOR THE CITY TO CONSTRUCT A PASSENGER DEPOT AND ASSOCIATED PARKING AND LANDSCAPING, REQUIRING THE TEXAS - MEXICAN RAILWAY TO PROVIDE PASSENGER SERVICE BETWEEN CORPUS CHRISTI AND LAREDO AND PROVIDING RIGHT -OF -ENTRY TO THE CITY TO REMOVE THE DEPOT UNDER CERTAIN CONDITIONS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 14. ORDINANCE NO. 18849 AUTHORIZING THE EXECUTION OF A CONTRACT WITH ZELLER CONSTRUCTION COMPANY/MORGAN SPEAR ASSOCIATES FOR THE CONSTRUCTION OF A RAILROAD PASSENGER DEPOT, FENCED PARKING, LANDSCAPING, AND OTHER SITE IMPROVEMENTS; APPROPRIATING $150,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 15. RESOLUTION NO. 18850 URGING THE TEXAS PARKS AND WILDLIFE DEPARTMENT TO OPEN THE CHOKE CANYON RESER- VOIR SOUTH SHORE RECREATION AREA FACILITIES FOR PUBLIC USE UPON COMPLETION OF CONSTRUCTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 16. ORDINANCE NO. 18851 APPROPRIATING $111,104.57 TO SUPPLEMENT $161,219.98 REMAINING FROM EXISTING CONTINGENCY APPROPRIATIONS TO VARIOUS PROJECTS AS SHOWN ON EXHIBIT "A" TO REIMBURSE THE GENERAL FUND FOR ENGINEERING SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." Minutes Regular Council Meeting May 28, 1985 Page 8 17. ORDINANCE NO. 18852 ACCEPTING THE CONTRACT WITH GARRETT CONSTRUCTION COMPANY FOR RUNWAY 17-35 DRAINAGE IMPROVEMENTS AND SURFACE CORRECTIONS AND AUTHORIZING FINAL PAYMENT OF $82,236.47; GRANTING THE CONTRACTOR A 28 -DAY EXTENSION DUE TO WET WEATHER, AND ADDITIONAL WORK TO SUPPLEMENT 60 CALENDAR DAYS ALLOTTED, FOR A TOTAL OF 88 DAYS; APPROPRIATING $4,618.85 OUT OF NO. 245 AIRPORT BOND FUND FOR FINAL PAYMENT TO GARRETT CONSTRUCTION COMPANY AND GULF COAST TESTING LABORATORY, INC.; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 18. ORDINANCE NO. 18853 AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE CITY'S SHARE OF EQUIPMENT AND MATERIAL COSTS NECESSARY FOR THE INSTALLATION OF SIGNALIZATION IMPROVEMENT AT SEVEN INTERSECTIONS CITY WIDE; APPROPRIATING $11,080 AND UTILIZING PREVIOUSLY APPROPRIATED FUNDING OF $19,962; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 19. ORDINANCE NO. 18854 AUTHORIZING THE EXECUTION OF APPRAISAL AGREEMENTS WITH THOMAS F. DORSEY AND SIDNEY H. SMITH III FOR REAL ESTATE APPRAISAL SERVICES FOR THE ACQUISITION OF FOUR PARCELS (#14C -D, 1, 2, 3) IN CONNECTION WITH THE INTERNATIONAL AIRPORT EXPANSION LAND ACQUISITION AND CLEAR ZONES PROJECT; APPROPRIATING $11,500; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 20. ORDINANCE NO. 18855 AMENDING THE FISCAL YEAR 1984-85 BUDGET, SPECIAL PROGRAMS 102-267-518.48, CODE 101, BY AUTHORIZING THE HIRING OF UP TO 48 TEMPORARY POSITIONS FOR THE SUMMER RECREATION PROGRAM AT A MAXIMUM COST OF $64,800 OR THE AMOUNT OF REQUIRED FEES RECEIVED, WHICHEVER IS LESS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." utes 6ular Council Meeting May 28, 1985 Page 9 21. ORDINANCE NO. 18856 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF EXXON CORPORATION BY GRANTING A SPECIAL COUNCIL PERMIT FOR A SERVICE STATION WITH NEW STANDARD SCREENING FENCE ALONG THE PROPERTY LINE AND 60 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF TOPEKA STREET, SUCH AREA TO HAVE GRASS, PLANTS AND AN UNDERGROUND IRRIGATION SYSTEM INSTALLED AND MAINTAINED AS A GREEN BUFFER AREA ON A PORTION OUT OF LOTS 4 AND 5, AND ALL OF LOTS 1-3, BLOCK 817, PORT ARANSAS CLIFFS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 22. FIRST READING CONSENTING TO THE ASSIGNMENT OF THE WITT'S BAIT & TACKLE BAITSTAND LEASE FROM ADOLPH WITTNER TO MR. AND MRS. BILLY WAYNE BARTON. The ordinance was read for the first time and passed to its second reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 23. FIRST READING AMENDING CHAPTER 6, ANIMAL CONTROL, SECTION 6-36, EXCEPTIONS TO DISTANCE AND NUMBER REQUIREMENT REGULATIONS, TO ALLOW THE KEEPING OF HOMING PIGEONS IN A NUMBER NOT EXCEEDING 60; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the first time and passed to its second reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 24. THIRD READING - ORDINANCE NO. 18857 CLOSING AND ABANDONING A PORTION OF CACTUS ROAD; PROVIDING FOR REPLATTING. The ordinance was read for the third time and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 25. THIRD READING - ORDINANCE NO. 18858 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND SHERROD CONSTRUCTION COMPANY, A GENERAL PARTNERSHIP, FOR THE ANNEXATION OF APPROXIMATELY 60.340 ACRES OF LAND BEING A PORTION OF LOTS 3 AND 4, BOTH IN SECTION 1, NUECES RIVER IRRIGATION PARK„ NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. Minutes Regular Council Meeting May 28, 1985 Page 10 The ordinance was read for the third time and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 26. THIRD READING - ORDINANCE NO. 18859 ANNEXING A 60.34 ACRE TRACT OF LAND OUT OF LOTS 3 AND 4, SECTION 1, NUECES RIVER IRRIGATION PARK; AND DECLARING AN EMERGENCY. The ordinance was read for the third time and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." * * * * * * * * * * * * * * City Manager Martin noted that item 27, accepting the donation of the Littles-Martin House to be located in Heritage Park, was actually a first reading ordinance although it was listed as a motion. Mr. Martin elaborated that the Council authorized the funding for this project during the meeting of the Housing Improvement Corporation, which mas held earlier this morning. He noted that this will give a very broad range of representation to Heritage Park. Mayor Jones called for comments on Ordinance 27, and Mrs. Helen Gurley, President of NAACP, thanked the Council on behalf of the Board of Directors of the NAACP, and stated that this action will preserve history for the blacks in the community. City Secretary Chapa polled the Council for their vote, and the ordinance passed as follows: 27. FIRST READING ACCEPTING THE DONATION OF THE LITTLES-MARTIN HOUSE; AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT OF THE LITTLES-MARTIN HOUSE TO THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE; AND DECLARING AN EMERGENCY. The ordinance was read for the first time and passed to its second reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." * * * * * * * * * * * * * Mayor Jones called for consideration of the following motion: 28. Plans and specifications for the Saratoga/Weber Public Safety Building be approved and bids be received on June 25, 1985. This project provides for the construction of a 4,200 square foot public safety facility on Weber Road approximately one half mile south of Saratoga Boulevard, as authorized in the 1982 Bond Program. Ainutes Regular Council Meeting May 28, 1985 Page 11 There were no comments from the audience on item 28; a motion was made by Council Member Berlanga; seconded by Council Member McComb; and passed unanimously that item 28 be approved. * * * * * * * * * * * * * * Mayor Jones called for consideration of Ordinance 29, awarding a contract to Curries, Inc., in the amount of $245,587.17 for the replacement of 685 palm trees. City Manager Martin noted that the amount of the contract will be $224,683.23; there is a need for 1,100 palms, but the recommendation is for 685 palms on Ocean Drive/Shoreline Boulevard and the Bayfront area. In response to Mrs. Slavik's questions, Mr. Martin explained that only one bid was received for this item; eight bids were received at the time of bidding one year ago, but due to the water situation, the bids were rejected and readvertised one year later, and this time only one bid was received. Mayor Pro Tem Best inquired if a different considered, and Mr. Mike Gordon, Park Superintendent, planted in Cole Park and the Convention Center area, given as to what will grow in certain types of soil. Mayor Jones type of tree was ever stated that oak trees are but consideration must be stated that palm trees are part of the City's image. There were no comments from the audience on this item, and City Secretary Chapa polled the Council for their vote; and the ordinance passed as follows: 29. ORDINANCE NO. 18860 AUTHORIZING OF 685 PALM The Charter Jones, Best voting "aye. THE EXECUTION OF A CONTRACT WITH CURRIES, INC., TREES; APPROPRIATING $9,183.23; AND DECLARING AN rule was suspended and the ordinance passed by Berlanga, Guerrero, McComb, Mendez, Pruet, * * * * * * * * * * * * * FOR THE REPLACEMENT EMERGENCY. the following vote: Slavik, and Strong City Manager Martin suggested that the hearing on the street closing be considered before the assessment hearing, and Mayor Jones called for consideration of the following item: 31. STREET CLOSING: - A 10 -foot wide alley in Block 36, Del Mar Subdivision and a portion of public right-of-way at the South Staples/Clifford Street intersection. The First State Bank of Corpus Christi has requested the closures and has further requested the interim use of portions of public right-of-way of South Staples Street and Clifford Street. Minutes Regular Council Meeting May 28, 1985 rage 12 City Manager Martin pointed out the alley in question on a drawing and asked that the alley he withdrawn from consideration because there are objections from the abutting property owners. Mayor Jones indicated to the members of the audience that the alley would not be considered a part of this request, and would remain as it exists now. Assistant City Manager Lontos displayed a transparency of the area and stated that the request was made by First State Bank. He stated that the Bank has requested closure of all of the existing public right-of-way, but the staff feels that preservation of the right-of-way should remain; therefore, the staff suggests a revocable easement be granted to the bank along S. Staples Street. He elaborated that this should be retained so that major turning improvements can be constructed in the future, and at the same time this would meet the bank's needs. He stated that the staff offers no objection to the revocable easement being granted for a 10' strip to be utilized for onsite parking purposes, providing that curb, gutter, and sidewalk are installed along the South Staples Street frontage of the bank property. He informed the Council that there is no set charge for revocable easements other than pipeline easements, and it is recommended by the Property and Land Acquisition Department that one-half of the real property value be charged; i.e., .50c per square foot or approximately $2,800. Mr. Bill Locke, Kleberg, Dyer, Redford & Weil, representing the applicant, introduced Mr. Jim McNeil of First State Bank and Harry Bennet of Goldston Corporation. Mr. Locke that they would easement on the staff's urging; for future use; submitted an outline for the Council's consideration and stated like to close the unused portion of Clifford Street; a revocable 10' wide strip of South Staples Street is being requested at the the area being closed has never been used; there are no plans and the proposed traffic plan is unnecessary. Mr. Locke pointed out that the ordinance provides for an exemption of payment if there is no public use, and he could not see the rationale behind charging for land that was originally donated to the City. He also expressed the opinion that $6.00 per square foot was unreasonable. Assistant City Manager Lontos again explained the staffs recommendation to close the 0.058 acre portion of public street right-of-way at the South Staples/Clifford Street intersection, subject to the applicant paying the fair market value for such closed right-of-way and replatting; and granting a re- vocable easement for a 0.133 acre tract of land along South Staples Street and at the Clifford Street intersection, subject to the applicant paying a revocable easement fee and constructing a sidewalk along a portion of South Staples Street. Mr. Lontos reiterated that the Staff feels .50C per square foot is a reasonable fee for the revocable easement. Mr. McNeil, First State Bank, stated that they planned to install a 24-hour teller machine on the property closest to Clifford Street and to develop a 3nutes Regular Council Meeting May 28, 1985 Page 13 parking area. Be informed the Council that the teller machine could be installed immediately, but the parking lot would be constructed in approximately one year. He stated that the Bank does object to the .50C per square foot revocable easement fee, the installation of sidewalks, and the $6.00 per foot charge for the right--of-way. Mayor Jones stated that he felt the staff's recommendation should be approved because a revocable easement allows the City to retain ownership, but gives the Bank the use of the land. There were no further comments from the audience. A motion was made by Mayor Pro Tem Best that the hearing be closed, seconded by Council Member Pruet, and passed unanimously. A motion was made by Mayor Pro Tem Best that the Council approve the staff's recommendation to closing and abandon a 0.058 acre portion of public street right--of-way at the South Staples/Clifford Street intersection, subject to the applicant paying the fair market value of $6.00 per square foot for such closed right-of-way and replatting; and granting a revocable easement for a 0.133 acre tract of land along South Staples Street and at the Clifford Street intersection, subject to the applicant paying a revocable easement fee of .50Q per square foot and constructing a sidewalk along a portion of South Staples Street. The motion was seconded by Council Member Berlanga. Mr. McNeil stated that they would like to have a one-year time frame on the construction of the sidewalks. Further discussion followed on the fee for the closed right-of-way and Dr. Best made an amendment to his original motion to provide for negotiations between the bank and the staff regarding the $6.00 per square foot charge; Council Member Berlanga agreed with the amendment; and the motion, as amended, passed unanimously by those present and voting. * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following item: 30. ASSESSMENT HEARING - Purdue Road Improving Purdue Road, from Flour Road, from Waldron Road, easterly for assessments of $153,358.81 for Street Improvements, Phase II Project. Bluff Drive to Waldron Road, and Purdue 840 linear feet. This project provides the 84 items on the roll. Mr. Jay Doegey, Assistant City Attorney presided over the formal portion of the public hearing and called as his first witness Mr. Gerald Smith, P.E., City Engineer. Through questioning of the witness, Mr. Doegey ascertained that Mr. Smith is a Registered Engineer; has been employed by the City of Corpus Christi for 25 years; he is a graduate of the University of Texas at Austin with a degree in Civil Engineering; and he is familiar with the project. Minutes Regular Council. ME: I May 28, 1985 Page i/•. Mr, Smith ee,pi ined that tESs a 1982 head project with the purpose of reconstructing Purdue Road to incleA.de 40' street width with storm sewers, 4' or 5' wide reinfnrced concrete sidewalks, and concrete driveways. He testified that bids were received ed on May 22, 1985; five bids were received; and the low bidder was Claude Chapman Construction in the amount of $948,816.50. He informed the Council that storm sewer would be installed from Flour Bluff Drive to the Cayc del Oso, which should alleviate some of the drainage problems experienced in the area of Flour Bluff Drive and the Glen Oaks Subdivision. Council Member McComb inquired if adjustments had been made to the minimum street standards because of the soil condition, and Mr. Smith stated that the standards would be the same but noted that stabilization of the sand would be done with Portland Cement, which is immune to the wet conditions found in that vicinity. Mr. Smith continued that construction would begin at the Flour Bluff Independent School property in order that it would be completed when the school year begins. Mr. Smith informed the Council that most of the properties are residential with assessment rates of $9.75/1.f. for curb gutter and pavement; $1..00/s.f. for sidewalks; and $3.73/s.f. for driveways, which are assessed at 1.001 of cost. He then explained that the preliminary assessments total $145,660,03; the assessments can be paid in cash or over a five year period, or in. cases of hardship, extensions can be granted for ten years; and all of the property owners have been notified of their assessments. In response to Mrs. Slavik's questions, Mr. Smith explained that there was a previous project between Debra Lane and Laguna Shores Road, which has been completed, and the subject project will complete the construction of Purdue Road to Laguna Shores Road. Council Member Strong urged that the residents of Flour Bluff inform the City of their needs for inclusion in the 1986 bond projects. Mr. Doegey called as his next witness Mr. Bill Holly. Through questioning of the witness, Mr. Doegey ascertained that Mr. Holly is a licensed real estate broker and has been for 32 years; he is familiar with conimerci.aland residential properties; he is familiar with this project; he has examined the assessment roil; and is familiar with the amount of the assessments. Mr. Holly testified that he has examined each parcel; he is familiar with the present conditions; and he explained that Purdue Road currently is very narrow and has ditches along the side of the road. He informed Mr. Doegey that he is familiar with the improvements; they will benefit the abutting properties; there will be better drainage and the houses will not be subject to flooding; and he feels that the property will be enhanced in at least the amount of the assessments. He stated that he arrived at the property values by comparing the market values of other property in the area and that there are no odd—shaped lots involved in the project. Mr. Smith pointed out the undeveloped subdivisions on a transparency and stated that a lift station had been constructed and the capability exists to provide sewer service. He explained that a majority of the property is in 20 acre tracts and the staff needs to anticipate use of this property and develop .inutes Regular Council Meeting May 28, 1985 Page 15 and provide sewer taps at critical locations so it will not be necessary to cut the street after the improvements are made. Mayor Jones called for comments from the audience. Mr. Larry Bryn, 223 Jupiter and owner of Lots 1 and 2, Block 1, Flour Bluff Heights, pointed out his property on the transparency and inquired about sewer service. Mr. Smith pointed out the possible route the sewer line would take to Mr. Bryn's property. There were rio further comments from the audience. A motion was made by Mayor Pro Tem Best that the hearing be closed, seconded by Council Member Mendez and passed unanimously. * * * * * * * * * * * * * Mayor Jones announced the hearing on five zoning applications. 32. Application No. 485-6, Mr. Antonio Carreno: for a change of zoning from "A-2" Apartment House District with a "SP" Special Permit to "AB" Professional Office District on Lots 1 and 2, Block 6, Bayview Unit 1, located on the southwest corner of Ocean Drive and Craig Street. Assistant City Manager Tom Utter stated that in response to the 16 notices mailed, 1 was returned in favor and 4 in opposition. He stated that the Planning Commission and Staff recommend denial of "AB" and in lieu thereof, grant a revised special permit for a doctor's office with a second floor single-family unit. Mr. Larry Wenger, Director of Planning, displayed the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. Mr. Utter pointed out that the letters received in opposition were opposed to "AB", not the special permit, and that this would not cause any additional traffic nor parking areas. There were no comments from the audience. A motion was made by Council Member Pruet that the hearing be closed; seconded by Council Member Strong; and passed unanimously. City Secretary Chapa polled the Council for their vote on the ordinance and it passed as follows: ORDINANCE NO. 18861 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ANTONIO CARRENO BY GRANTING A REVISED SPECIAL COUNCIL PERMIT FOR A DOCTOR'S OFFICE WITH A SECOND FLOOR SINGLE-FAMILY UNIT ON LOTS 1 AND 2, BLOCK 6, BAYVIEW UNIT 1; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting May 28, 1985 Page 16 The Charter Rule was su-spe;vc:Ll and the c.'dinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong, voting "aye." * * * * * * * * * * 33. Application No. 385--7, Messrs, R. C. Allen and Tim Clower: for a change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District on a tract of land being 2.127± acres out of Lot 1, Section 5, Bohemian Colony Lands, located along the south side of Trojan Drive, between Columbia Parkway and Greenwood Drive. Mr. Utter stated that in response to the 39 notices mailed, 2 were returned in favor and 2 in opposition; the recommendation of the Planning Commission and the Planning Staff is to deny, "B--1" and in lieu thereof grant a special permit for a parking lot. Mr, Larry Wenger, Director of Planning, displayed the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. There were no comments from the audience; a motion was made by Council Member Guerrero that the hearing be closed; seconded by Mayor Pro Tem Best; and passed unanimously. City Secretary Chapa polled the Council for their vote on the ordinance and it passed as follows: ORDINANCE NO, 13862 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF R.C. ALLEN AND TIM CLOWER BY GRANTING A SPECIAL COUNCIL PERMIT FOR A PARKING LOT ON A PORTION OUT OF LOT 1, SECTION 5, BOHEMIAN COLONY LANDS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong, voting "aye." * * * * * * * * * * * * * 34,. Application No. 385-9, Montessori School of Corpus Christi: for a change of zoning from "R-2" Multiple Dwelling District to "AB" Professional Office District on Lots 16, 17, 18, 19, and 20, Block 15, Bay View Addition, located along the east side of llth Street, at the southeast corner of Craig and llth Streets. Mr. Utter stated that 31 notices were mailed; 5 were returned in favor; 3 were returned in opposition; and the Planning Commission and the Planning Staff recommend denial, and in lieu thereof grant a special permit for a Montessori School. nut es -.egular Council Meeting May 28, 1985 Page 17 Mayor Jones called for comments from the audience and there were none. Discussion followed regarding traffic congestion in the area, and it was determined that this was a problem of the Church, not the school. A motion was made by Council Member Mendez that the hearing be closed; seconded by Council Member Pruet; and passed unanimously. City Secretary Chapa polled the Council for their vote on the ordinance and it passed as follows: ORDINANCE NO. 18863 AMENDING THE ZONING ORDINANCE UPON APPLICATION ON MONTESSORI SCHOOL OF CORPUS CHRISTI BY GRANTING A SPECIAL COUNCIL PERMIT FOR A MONTESSORI SCHOOL ON LOTS 16, 17, 18, 19, AND 20, BLOCK 15, BAY VIEW ADDITION AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong, voting "aye." * * * * * * * * * * * * * Mayor Jones stated that Application No. 485-10 and 485-11 would be heard concurrently. 35. Application No. 485-10, Mr. H. E. Savoy dba Savoy Homes: for a change of zoning from "RA" Residential Acreage District to "R -1B" One -family Dwelling District on Lot 9 and the west half of Lot 10, Block 4, Flour Bluff Heights, located on the south side of Skipper Lane, approximately 400' east of Carletta Street. Mr. Utter stated that 23 notices were mailed; 3 were returned in favor; 4 were returned in opposition; 1 was returned in opposition from outside the area of notification; the Planning Commission recommends denial; and the Planning Staff recommends denial, but in lieu thereof, grant a special permit for a single-family unit. He noted that the 20% rule is in effect. 36. Application No. 485-11, Mr. H. E. Savoy dba Savoy Homes: for a change of zoning from "RA" Residential Acreage District to "R -le One -family Dwelling District on Lot 29, Block 4, Flour Bluff Heights, located on the north side of Valerie Street, approximately 250' east of Carletta Street. Mr. Utter stated that 22 were returned in opposition; 1 of notification; the Planning Staff recommends denial, but single-family unit. notices were mailed; 2 were returned in favor; 4 was returned in opposition from outside the area Commission recommends denial; and the Planning in lieu thereof, grant a special permit for a Minutes Regular Council Meeting May 28, 1985 Page 18 Mr. Wenger displayed the areas on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. Mr. Wenger provided background information regarding these two cases, noting that this had been heard by the Council on February 12, 1985; the applicant was not present at the hearing; the Council denied the zoning change; and Mr. Savoy has reapplied for these two zoning changes. Mr. Wenger continued by stating that five building permits were issued in error; two permits were revoked because homes had not been built; one home was brought into compliance by replatting; but, one home exists on Valerie Street and one on Skipper Lane. Mayor Pro Tem Best inquired of the recourse Mr. Savoy would have if the Council denied the request, and Mr. Wenger stated that he could remove the house or file a lawsuit. Council. Member Mendez stated that since the City issued the permits, the City would be liable. Council Member Pruet asked if the building permit addresses the responsi- bility of the applicant to know the zoning, and Mr. Wenger read from the building permit which states, "The foregoing is a true and correct description of the improvement contemplated and hereby agrees to comply with all ordinances of the City." Mayor Jones called on the applicant to speak. Mr. Virgil Howard, 801 Lipan, stated that the recommendation of special permit was a solution of the City Legal Staff, Planning Staff, and Building Division Staff; the applications for rezoning were made by an agreement with these departments; he feels that the property on Valerie Street falls under the Grandfather Clause of the Flour Bluff Comprehensive Rezoning Plan; and that this point will be brought out in the lawsuit if the special permit is not granted. Mr. Howard summarized his presentation by stating that the City issued the permits in error; the rezoning is in the interest of the public and Mr. Savoy; he urged the Council to grant the special permits in accordance with the staff's recommendation; and he pointed out that at the Planning Commission meeting only five members were present, resulting in a vote of 3-2 for denial. Discussion followed between Council Member Berlanga and Mr. Howard regarding inspections of the two homes. Mr. Eddie Savoy, the applicant, addressed the Council regarding the Flour Bluff Comprehensive Rezoning Plan and the events surrounding the issuance of the permits. inutes .egular Counei1 Meeting May 28, 1985 Page 19 Further discussion followed on whether Mr. Savoy knew the zoning had changed at the time of permit issuance and the manner in which inspections were made on the homes. Mr. Ron McGee, 3022 Jamaica, spoke in opposition addressing the issue of the applicant's responsibility to check zoning of his property. He inferred that Mr. Savoy was aware of the correct zoning at the time he applied for building permits. He summarized his remarks that a special permit would set a precedent in the area. Ms. Donna Mangle, Behman Street, spoke in opposition and stated that Mr. Savoy knew of the correct zoning. Mr. McGee spoke again regarding a certificate of occupancy for the home on Skipper Lane. Ms. Marie Spear, Editor of the Flour Bluff Sun, stated that she is in favor of granting the special permits because it would cause unnecessary hardship for Mr. Savoy if these cases are denied. In response to Council Member Slavik's question, Mr. Wenger stated that if Mr. Savoy could purchase the adjacent lot on Valerie Street, it would then be in compliance, but the lots adjacent to the home on Skipper have a duplex constructed, and therefore are not available. There were no further comments from the audience; a motion was made by Council. Member Guerrero that the hearing be closed; seconded by Council Member Pruet; and passed unanimously. Council Member Best indicated his concurrence with the Staff's recommendation because of the circumstances of the two cases. Council Member Slavik stated that she would vote against a special permit on Valerie Street, because property is available to purchase, but she would vote in favor a special permit on Skipper Lane. Council Member McComb suggested that special permit be granted for the property on Skipper, but Mr. Savoy should be given time to negotiate a purchase for the available property on Valerie. Council Member Berlanga pointed out that his motion was for denial on both pieces of property. Council Member Slavik stated that she wanted an individual vote on each application. Mr. Utter pointed out that the ordinances are not before the Council today; if they are brought forth by motion, which requires five affirmative votes, Application 485-10 will require 7 affirmative votes for passage; and Application 485-11 will require 6 affirmative votes for passage. Minutes Regular Council Meeting May 28, 1985 Page 20 A motion was made by Mayor Pro Tem Best that a special permit be'-Onted1Vv for a single-family dwelling for Application No. 485-10, seconded by Cou Member Strong, and passed by the following vote: Jones, Best, McComb, Pruet, Slavik, and Strong voting "aye"; Berlanga, Guerrero, and Mendez voting "no." A motion was made by Mayor Pro Tem Best that a special permit be granted for a single-family dwelling for Application No. 485-11, seconded by Council Member Pruet. The motion failed by the following vote: Best, McComb, Pruet, and Strong voting "aye"; Berlanga, Guerrero, Jones, Mendez, and Slavik voting "no." Council Member McComb made a motion that Application No. 485-11 be tabled for six months, and Council Member Mendez amended Mr. McComb's motion that action be tabled for six months so Mr. Savoy can try to purchase the adjacent property and if this cannot be resolved, the application would be denied. Mr. McComb indicated his concurrence with this motion, and his motion, as amended, was seconded by Council Member Mendez. The motion to table passed as follows: Jones, Best, Mendez, McComb, and Strong voting "aye"; Berlanga, Guerrero, Pruet, and Slavik voting "no". Mayor Jones called for a recess at 5:19 p.m. in order to convene the meeting of the Corpus Christi Housing Finance Corporation. * * * * * * * * * * * * * Mayor Jones reconvened the meeting at 7:50 p.m. He then called for petitions from the audience. Mr. Guy Watts, a member of the Park Board, stated that the Park Board had approved a motion to charge a $10 fee for the Summer Recreation Program, but that the fee be waived for those who cannot afford to pay and the City pay that fee. He urged the Council to approve this recommendation. Mayor Jones stated that the Council had approved by motion the Park Board's recommendation. City Manager Martin clarified the motion that had been approved previously by the Council. He stated that those children who cannot afford the fee will not be required to pay, but the City will not pay the fee from the General Fund or any other source. Mrs. Pat Duaine submitted a poem she had written, and noted that she plans to have the words set to music. There being no further business to come before the Council, on motion by Council Member Strong; seconded by Mayor Pro Tem Best and passed unanimously; the meeting was adjourned at 7:59 p.m., May 28, 1985. /td