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HomeMy WebLinkAboutMinutes City Council - 09/24/1985Present *Mayor Luther Jones Mayor Pro Tem Jack Best Council Members David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet *Mary Pat Slavik *Linda Strong Minutes City of Corpus Christi, Texas Regular Council Meeting September 24, 1985 2:00 p.m. City Manager Edward Martin City Attorney Bruce Aycock City Secretary Armando Chapa Mayor Pro Tem Jack Best called the meeting to order at 2:05 p.m. in the temporary absence of Mayor Luther Jones. The invocation was given by Council Member Joe McComb, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Frank Mendez. City Secretary Armando Chapa called the roll and verified that a quorum of the Council and the required Charter Officers were present to conduct the meeting. A motion was made by Council Member McComb that the minutes of the September 17, 1985 Regular Council Meeting be approved, seconded by Council Member Mendez, and passed unanimously. City Manager Edward Martin noted that in addition to the presentations listed on the agenda, Dr. Dana Williams will also make a presentation. Mayor Pro Tem Best called for the presentation by the Bayfest Committee. Ms. Kathy Welsh and Ms. Sandy Wheeler, Bayfest Committee Officers, stated that the theme of Bayfest '85 is Homeport and the United States Navy; the Committee appreciates the Council's support of Bayfest; and she then provided the Council with Bayfest T-shirts and buttons. *Council Member Mary Pat Slavik arrived at 2:10 p.m. MICROFILMED Minutes Regular Council Meeting September 24, 1985 Page 2 * * * * * * * * * * Mayor Pro Tem Best then presented the Certificate of Conformance in Financial Reporting to Juan Garza, Director of Finance. City Manager Martin explained that this is the highest honor in financial reporting and the City has received this award for the last two years. * * * * * * * * * * Dr. Dana Williams presented the Council with a check in the amount of $1,000 for the purchase of a sundial to be placed in Heritage Park. He stated that the funds had been raised by United Married Couples, a non-profit organization. Dr. Williams then introduced Dr. Roberto Bosquez, President of the organization, and Mr. Juan Bosquez. Dr. Bosquez stated that Heritage Park is something for which the citizens of Corpus Christi can be proud. The Council expressed their appreciation for this gift. * * * * * * * * * * *Mayor Jones arrived at 2:16 p.m. and called on Ms. Sara Norris to update the Council on the Sesquicentennial Celebration. Ms. Norris explained to the Council the various events that would be taking place in the City and the County over the next year including independent projects; a television series produced by Channel 16; a steam train traveling throughout Texas; a wagon train to arrive in Nueces River Park on February 15 at which time there will be a barbeque sponsored by the County; commemorative products will be sold; various fund raising events will be held; and two time capsules, to be opened in 25 years, will be buried at the new library. *Council Member Linda Strong arrived at the meeting during this presentation. Mayor Jones expressed appreciation to Ms. Norris for the amount of time she has spent and will spend on this project. Ms. Norris noted that item 3 on the Council's agenda was a recommendation to approve a contract between the Corpus Christi Sesquicentennial Committee and the KW Group, Inc. for merchandising and marketing of commemorative items. In response to a question by Council Member Strong, Ms. Norris explained that all items to be sold as official mementos will be approved by the Sesqui- centennial Committee and KW Group, Inc. A motion was made by Council Member Mendez that the contract with KW Group, Inc. be approved, seconded by Council Member Strong. The following motion was passed unanimously: .nutes aegular Council Meeting September 24, 1985 Page 3 3. Authorizing the Corpus Christi Sesquicentennial Committee to contract with the KW Group, Inc., for the merchandising, marketing and distribution of official Sesquicentennial promotional and commemorative items within the Corpus Christi city limits. As identified in the contract, a specified percentage of royalties will go to the Committee and a specified percentage to the marketing consultant. No costs will be assigned to the Committee. Monies raised will be placed in a trust fund account to be used towards approved Sesquicentennial projects and to apply towards a gift to the City in 1986. * * * * * * * * * * Mayor Jones then administered the Oath of Office to the following newly appointed members of various city boards: Mr. Loyd Neal and Mr. Tony Bonilla, Corpus Christi Business Development Commission; Mr. Walter Deville, Solicitations Commission; Mr. Guadalupe Valdez, Park and Recreation Board; and Mr. Ramiro R. Canales, Transportation. * * * * * * * * * * Mayor Jones announced the bid opening on the following project: J. BID OPENING - 2:00 P.M. - Howard Street Improvements, from 19th Street to the Ben Garza Park boundary. This project is being constructed under the 1982 Street Bond Voluntary Paving Program. Assistant City Manager James K. Lontos opened bids from the following companies, noting that all bidders had submitted the required bid security: R. L. Brown, Contracting; Claude Chapman Construction Co., Inc.; A. Ortiz Construc- tion and Paving; Isles Engineering and Construction, Inc.; and C. and A. Construction, Inc. Mayor Jones stated that the bids would be tabled for 48 hours pursuant to the requirements of the City Charter. * * * * * * * * * * Mayor Jones called for consideration of the Consent Motions. 1. Approval of specifications and authorization to receive bids October 16, 1985, to furnish and install polyethylene pipe as sliplining in South Water Street from Furman Avenue to Park Avenue, for the Water Division. Estimated expenditure is $12,000. 2. Naming the community meeting room in the new Corpus Christi Public Library the "La Retama Club Room." The Library Advisory Board has recommended adoption of the name to commemorate the history of the club and its contributions to the Library. Minutes Regular Council Meeting September 24, 1985 Page 4 4. A contract be awarded to Baker for the Gabe Lozano, Sr. Golf include the installation of two wiring and switching gear. The Center Improvement Program. Electric Company in the amount of $16,400 Center Driving Range. Improvements will steel poles, light fixtures and electrical funding is from the Gabe Lozano, Sr. Golf 5. A public hearing be scheduled for October 15, 1985, relative to the closure of a portion of the 30 -foot wide public alley in Block 3, Gray Village Subdivision, between Calvin Drive and Everhart Road. 6. Approving the following actions on the Annaville Area No. 1 Street Improve- ment project: a. Ibanez Construction Co., the original contractor who defaulted on the project, be assessed for 76 days liquidated damages at $100 per day for a total of $7,600. b. The unfinished portion of the work completed by Bellwether Construc- tion Company be accepted and remaining funds of $5,203.18 be authorized to this firm. c. The project be accepted and remaining account of $20,299.91 be authorized to American Insurance Company, to be used claims incurred by the Ibanez firm. The total cost included the reconstruction of Redbud Drive, West Guth Park boundary, and Forest Hill Lane, Lane. funds in the construction the bonding company, Great towards payment of unpaid of this Voluntary Paving project is $237,513.97, which from Japonica Drive to the from Violet Road to Birdwood Council Member McComb referred to the naming Christi Public Library, and Assistant City Manager room is the largest meeting room in the Library floor. He stated that the La Retama Club was made of a room in the new Corpus Tom Utter explained that this and is located on the first aware of this. Referring to motion 6, Council Member Guerrero inquired if Bellwether Construction Company was selected by the bonding company to complete the work abandoned by the previous contractor. Mr. Lontos explained that after a project is abandoned, the bonding company assumes responsibility and Great American Insurance Company approved the selection of Bellweather. Regarding item 5, setting a public hearing for the closing of an alley, Mr. Billy Brotherton of Channel 3 questioned the reversion of the alley if it is closed. City Manager Martin stated that the alley usually reverts to the abutting property owners, but in some instances there is a reversionary clausein the 'ed restrictions. rtes Regular Council Meeting September 24, 1985 Page 5 There were no further comments from the audience or the Council on the Consent Motions; Council Member Berlanga made a motion that items 1 through 6, excluding item 3 which had been acted upon earlier, be approved; seconded by Mayor Pro Tem Best; and passed unanimously by those present and voting. * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances, 7 through 12, and Ordinance 12b pertaining to the renaming of Greenwood Park to Dr. Hector Garcia Park as a result of the discussion during the Workshop Meeting. Council Member Slavik pointed out that ordinance 12 requires six affirmative votes. Mayor Jones suggested that a separate vote be taken on ordinance 12 and asked that the zoning case be reviewed by the Council. Mr. Utter showed slides of the subject property and stated that the Planning Commission and Planning Staff recommend denial. Ms. Delores Cody, 2222 Meadowcreek, stated that she was speaking on behalf of the applicant, Mrs. Clara Mate Honeycutt. She urged approval of the change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District because she felt that the property held no value as a residence since it fronts Everhart, and she felt the driveway would not drastically change the traffic pattern in that area. Mr. Larry Wenger, Director of Planning, stated that the staff and commission recommend denial because the lots are small, and this change of zoning would create a domino effect on Everhart. Mayor Jones stated that the Council has a responsibility to the other residents on Everhart and to the residents across the street from the subject property. Council Member Pruet stated that Everhart is an arterial street and is designed to handle traffic. He predicted that Everhart will have business zoning in the future. Council Member Mendez agreed with Mr. Pruet's remarks. Ms. Cody noted that rumors had been circulated that the City was planning to condemn the homes on Everhart and a developer was going to purchase the entire tract of land. There were no further comments from the audience on ordinances 7 through 12b. Minutes Regular Council Meeting September 24, 1985 Page 6 Mayor Jones called for the vote on Ordinance 12 and it failed to pass as follows: ORDINANCE - FAILED TO PASS AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CLARA MATE HONEYCUTT BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 34, BLOCK 6, ALAMEDA PARK, FROM "R-18" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance failed to pass as follows: Best, McComb, Mendez, Pruet, and Strong voting "aye"; Jones, Berlanga; Guerrero; and Slavik voting "no." City Secretary Chapa called the roll on the remainder of the Consent Ordinances and the following were approved: 7. ORDINANCE NO. 19023 AUTHORIZING THE ACQUISITION OF PARCELS 3, 4, 5, 6, 7, 8, AND 9 OF THE McARDLE STREET ROAD IMPROVEMENTS PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS RELATING THERETO; AUTHORIZING THE RELOCATION OF ONE RESIDENCE OUT OF THE RIGHT OF WAY; APPROPRIATING $35,000 FOR SUCH PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 8. ORDINANCE NO. 19024 AMENDING ORDINANCE NO. 18731 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS: 1. Wildcat Drive, from F.M. 624 to Teague Land, and 2. Teague Lane, from Wildcat Drive to Calall.en Drive; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 9. ORDINANCE NO. 19025 APPROPRIATING $11,600 OUT OF THE NO. 220 STREET BOND FUND TO FACILITATE THE FINAL PAYMENT TO HELDENFELS BROTHERS, INC., PROJECTED ENGINEERING COSTS FOR THE FIRST QUARTER OF FISCAL YEAR 1985-86 AND TESTING EXPENDITURES APPLICABLE TO PROJECT NO. 220-82-9.1, WILDCAT DRIVE/TEAGUE LANE IMPROVEMENTS; ACCEPTING THE PROJECT; AND AUTHORIZING PAYMENT OF REMAINING FUNDS OF $202,844.55 TO HELDENFELS BROTHERS, INC.; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, est, Berlanga, Guerre McComb, Mendez, Pruet, Slavik, and Strong voting "aye." Minutes Regular Council Meeting September 24, 1985 Page 7 10. ORDINANCE NO. 19026 AMENDING ORDINANCE NO. 18512 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Furman School Area, Phase II 1. 11th Street, from Morgan Avenue to Morris Avenue, 2. 12th Street, from Craig Street to Morris Avenue, and 3. Craig, Buford, Hancock and Coleman Sts., from 10th Street AND DECLARING AN EMERGENCY. to Brownlee Blvd. The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong "aye." 11. ORDINANCE NO. 19027 APPROPRIATING $7,100 OUT OF NO. 220 STREET BOND FUND COSTS FOR THE FIRST QUARTER OF FISCAL YEAR 1985-86 APPLICABLE TO FURMAN SCHOOL AREA STREET IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT OF THE REMAINING FUNDS LEASE SERVICE, INC.; AND DECLARING AN EMERGENCY. Jones, voting FOR PROJECTED ENGINEERING AND TESTING EXPENDITURES , PHASE II; ACCEPTING THE OF $89,020.17 TO BACKHOE The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong "aye." Jones, voting 12B. ORDINANCE NO. 19028 RENAMING GREENWOOD PARK TO DR. HECTOR P. GARCIA PARK IN RECOGNITION OF HIS MANY CONTRIBUTIONS TO THE CITY, STATE, AND NATION, SUCH NAME CHANGE TO BECOME EFFEC- TIVE NOVEMBER 10, 1985; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." * * * * * * * * * * * * * * Mayor Jones called for consideration of the following regular motion: 13. Authorizing the City Manager to accept the proposal of Arthur J. Gallagher & Co. to renew the City's self-insurance program, and to cancel, rewrite or accept any coverage to provide better coverage for the City, and declaring this broker as Broker of Record for the purpose of obtaining coverages to be annually renewable. City Manager Martin stated that Mr. Al Hyman, Director of Safety and Risk Management, had provided the Council with an updated premium cost comparison. Minutes Regular Council Meeting September 24, 1985 Page 8 He explained that some cities are feeling the effect of bad insurance practices; the City of Corpus Christi did not receive any cancellations or refusals to renew their insurance; and the total insurance package is a 30% to 40% increase. He stated that this motion authorizes negotiations in order to provide better coverage and/or better prices. Mr. Martin then explained the different coverages and amounts of insurance the City carries, and stated that the City does not have a large increase in the insurance rates because the City is self-insured and the Safety and Risk Manage- ment Department handles claims with good judgement. Council Member Guerrero noted that the administrative fee is $168,000 and asked how this fee compared to last year. Mr. Martin stated that it was a $9,000 increase. Mayor Jones called for comments from the audience on item 13. There were none. A motion was made by Council Member Mendez that item 13 be approved, seconded by Council Member Strong, and passed unanimously by those present and voting. * * * * * * * * * * Mayor Jones called for consideration of ordinance 14, a resolution regarding the findings of the South Texas Barrier Island Task Force. Council Member Strong pointed out that this resolution is essentially an addendum to the resolution the Council had passed previously. (Resolution No. 18897, June 25, 1985) She elaborated that the Chamber of Commerce passed a resolution regarding the barrier islands, and this addendum will bring the City's resolution in accord with the Chamber's resolution. There were no comments from the audience; City Secretary Chapa polled the Council for their vote; and the resolution passed as follows: 14. RESOLUTION NO. 19029 CONCURRING WITH THE FINDINGS OF THE SOUTH TEXAS BARRIER ISLAND TASK FORCE AND URGING THE COASTAL BARRIER STUDIES GROUP, THE SECRETARY OF THE INTERIOR, AND THE MEMBERS OF CONGRESS TO ACCEPT THE RECOMMENDATIONS OF THE SOUTH TEXAS BARRIER ISLAND TASK FORCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, Mendez, Pruet, Slavik, and Strong voting "aye"; McComb absent at the time the vote was taken. * * * * * * * * * * ..mutes Regular Council Meeting September 24, 1985 Page 9 Mayor Jones announced the public hearing on one zoning case. 15. Application No. 885-10, Van Antics, Inc. For a change of zoning from "B-1" Neighborhood Business District and "R -1B" One -family Dwelling District to "B-4" General Business District on Lots IA and 3, Block 3, Colonia Hidalgo, located on the northeast corner of South Padre Island Drive and Bush Avenue. Assistant City Manager Tom Utter stated that 16 notices of the hearing were mailed; two were returned in favor; three were returned in opposition; the Planning Commission and Planning Staff recommend approval; and the 20% rule is in effect; therefore, seven affirmative votes are needed for passage of the ordinance. Mr. Larry Wenger displayed the area on the zoning and land use map, described the land use in the surrounding area; showed slides of the vicinity; and explained that "B-1" zoning was appropriate for the sale of equipment, but the applicant now desires to perform installation and customizing of vans, which requires "B-4" zoning. Mr. Wenger stated that the basis for the Commission's and Staff's recommendation is that the property fronts South Padre Island Drive and is across from vacant property that will probably be developed as business. In response to a question by Council Member Slavik, Mr. Wenger stated that the house on the portion of the property that is currently zoned "R -1B" is not occupied, but the house next to the subject property is occupied, and that resident objected to the zoning change request. Mr. Raul Ortega, the applicant, stated that the needs of his business, which he has owned since March, require expansion. There were no comments from the audience on this zoning application; a motion was made by Mayor Pro Tem Best that the hearing be closed; seconded by Council Member Berlanga; and passed unanimously. City Secretary Armando Chapa polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: ORDINANCE NO. 19030 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF VAN ANTICS, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS lA AND 3, BLOCK 3, COLONIA HIDALGO FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT AND "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero "no"; McComb absent at the time the vote was taken. * * * * * * * * * * * * * Minutes Regular Council Meeting September 24, 1985 Page 10 Mayor Jones announced the public hearing on the following: 16. Pertaining to the opening and the route of Mustang Trail from South Staples Street to McArdle Road. This proposed new street connection is planned as part of the 1982 Street Bond Program and is intended to reduce traffic congestion in the Padre -Staples Mall area as well as being part of a north -south corridor route to lessen congestion at the Everhart -Staples intersections of South Padre Island Drive. Assistant City Manager Lontos gave a brief history regarding the Mustang Trail extension. He stated that north and south traffic movement between Everhart and Staples is congested and some relief should be provided, which would be similar to Carroll Lane between Weber and Kostoryz Roads. He stated that during the public hearings for the closure of Janet Street and Lenora Drive (held on May 5, 1982 and February 19, 1985 respectively) the Council was shown various alternatives for the extension of Mustang Trail. He stated that what is being presented now was a result of meetings between the staff and property owners in the immediate vicinity, and the property owners agreed to dedicate right-of-way to the City when Janet and Lenora were closed. Mr. Lontos stated that if the Council approves the route presented today, another hearing will be held on the portion of the extension that will cut through Lyons Park, in accordance with State law. Mr. Lontos stated that a portion of Dr. Donald Iden's property is needed for the extension; Dr. Iden did not want to forfeit this particular portion of his property; and Dr. Iden had suggested an alternate route for the street whereby the proposed street extension would be to the east. He stated that the staff had problems with this alternative because it would create two reverse curves. Mr. Lontos then displayed an aerial photo and a transparency of the route that Dr. Iden had suggested. Mr. Lentos summarized his remarks by displaying a transparency of aportion of the Master Transportation Plan which shows the street extension and how this extension could eventually be tied into Holly Road. Mr. Tom Stewart, Director of Transportation, reviewed traffic studies in the southeast quadrant of the City and displayed a transparency of high risk areas showing capacity deficiencies at Airline Road, Staples, and Everhart at their intersection with South Padre Island Drive, and McArdle Road at its intersection with Staples Street. He explained that these studies were conducted in 1982 and since that time Padre -Staples Mall has expanded, which has worsened the situation. Mr. Stewart displayed another transparency showing Mustang Trail extended from Staples to Betty Jean Drive; the extension would be a 40 -foot wide, two-lane street, with parking on both sides of the street, similar to Carroll Lane. Council Member Guerrero stated that Mustang Trail was originally Minutes Regular Council Meeting September 24, 1985 Page 11 constructed for access to King High School, and Mr. Lontos agreed, but noted that commercial development has caused congestion in the vicinity. Discussion followed regarding future expansion of Saratoga which would cause traffic to detour to Staples, and Council Member Guerrero stated that the extension seemed premature, and he felt the purpose of the extension was only to serve the malls. Mr. Lontos pointed out that the hearing today is only to consider the extension from Staples to McArdle Road. Council Member McComb asked for an explanation of Dr. Iden's alternative. Mr. Lontos stated that Dr. Iden's suggestion involved an exchange of property with surplus right-of-way obtained from Charlie Thomas Courtesy Ford, and the reverse curves realignment would require more land from the park. Council Member McComb stated that if this street is extended to Holly Road, more congestion would result on Holly which would cause further problems. Discussion followed regarding the alternatives that were presented to the Council in 1982, and Mr. Lontos explained the five alternatives that were considered. Council Member Pruet addressed the matter of the Crosstown Extension, and Mr. Stewart stated that the Crosstown Extension was considered by the State Highway Department at approximately the same time the Council considered the extension of Mustang Trail. Mayor Jones pointed out that the Council needs to visualize what these areas will be like in the future, noting that this will provide relief between Everhart and Staples. He then asked how this proposed extension was viewed by the Highway Department. Mr. Lontos stated that the Highway Department wants Mustang Trail to be extended over South Padre Island Drive, but the City wants Mustang Trail to be under South Padre Island Drive. He noted that the State would probably require the City to pay the construction cost of the South Padre Island Drive overpass. Mayor Jones noted that the Park Board opposes this extension. In response to questions from Council Member Berlanga, Mr. Lontos stated that to his knowledge, the City has never utilized park land for a street. Council Member Mendez pointed out that the need for an extension is inevitable; some type of plan will probably cut through the park in the future; but, he feels that acquisition cost estimates on various alternatives should be obtained. City Manager Martin stated that there would not be a significant difference in cost of land acquisition on any of the alternatives; the Council can discuss Minutes Regular Council Meeting September 24, 1985 Page 12 any of the alternatives, but a public hearing will be required on any of the alternatives the Council considers for adoption; and the Council could decide if an extension is to be constructed, and then decide on a particular one. Council Member Slavik stated that she approves of some type of extension, but feels that the alternatives should be reviewed. Council Member McComb agreed that an extension of some type is needed. A motion was made by Council Member McComb to accept the concept of a street between Staples and McArdle, seconded by Mayor Pro Tem Best. Discussion followed on this motion, and Council Member McComb amended his motion to accept the concept of an extension cut -through from Staples to South Padre Island Drive, seconded by Mayor Pro Tem Best. Mayor Jones stated that he could not support the amendment, because the Highway Department has not expressed agreement regarding the matter of the overpass. The motion passed as follows: Best, Berlanga, McComb, Mendez, Slavik and Strong voting "aye"; Jones, Guerrero, and Pruet voting "no." Mayor Jones called for comments from the audience. Mr. Jerry Miller, 12 Gaslight Square, stated that he represents Dr. Donald Iden who owns property directly across from the existing Mustang Trail. He stated that acquisition costs for Dr. Iden's one piece of property will exceed what is in the bond fund for this entire project. He stated that the alterna- tive he proposed would have been for an even exchange of a portion of Dr. Iden's property for right-of-way obtained from Charlie Thomas Courtesy Ford; it would necessitate acquisition from the school district, but the district is willing to donate the right-of-way. Mr. Miller continued by stating that the staff's plan would completely eradicate Dr. Iden's property, which he plans to convert to an office, in exchange for accessibility to Padre Staples Mall; this would be trading business for business, which is not a legitimate use for condemnation. He summarized his statements by pointing out that the Council is not prepared to make a decision today; a more complete study should be done; the park should not be bisected; and he is willing to work with the staff on alternatives for the extension. Mrs. JoAnn McNeil, 845 Egyptian and a member of the Park Board, reiterated the Board's opposition to this extension. Mr. Jerry Benedum, Attorney with the firm Wood and Burney, stated that he represents Charlie Thomas Courtesy Ford. Mr. Benedum stated that his client has --no intention of dedicating right-of-way for this project; he questioned the ecessity for the street; there is no evidence to support a street in this area Minutes Regular Council Meeting September 24, 1985 Page 13 other than to siphon traffic to the mall; and he pointed out that if the concern is for traffic turning from Mustang Trail onto Staples, a traffic light would alleviate this problem. Mr. Benedum suggested that the street owned by the child care center (formerly a church) could serve the purpose of accessibility to the mall, since this street cuts from Staples to McArdle. Mr. Bob Dillard, 6409 Meadow Circle, displayed 1983 traffic counts to the Council and noted that the most congested area in the City is Weber Road, which is not being addressed. He stated that the congestion on Everhart, Staples, and Weber could be relieved if laws regarding left turns were enforced. (City Code Section 53-121) Mr. Miller agreed with Mr. Benedum's statement regarding the street that runs parallel to the child care center, noting that Mr. Roy Smith owns the street. Mr. Dillard stated that if the street is eventually extended to Holly Road, a majority of the traffic flow would exit at Country Club or King High School. Mayor Jones referred to the street by the child care center, and a gentleman from the audience, Mr. Beverly, stated that he owned that street with Mr. Roy Smith and that they maintain the street. Mayor Pro Tem Best stated that acquisition costs should be obtained. Mr. Lontos clarified remarks made by Mr. Miller, noting that the staff had not worked out any type of solution with Dr. Iden, and the school district did not say they would donate right-of-way. Mr. Miller apologized if he had misled the Council with his remarks. There were no further comments from the audience. A motion was made by Council Member Strong to close the public hearing; seconded by Council Member Berlanga; and passed unanimously. City Manager Martin suggested that alternatives could be reviewed during a workshop meeting, and based on alternatives selected, a public hearing could be scheduled. * * * * * * * * * * * * City Manager Martin stated that the Council needs to meet on October 17 for the bond sale refunding and a time needed to be selected. A motion was made by Mayor Pro Tem Best that the Council meet at 8:30 a.m. on October 17, 1985, seconded by Council Member Strong, and passed unanimously. City Manager Martin informed the Council that the National Marine Fisheries Service had issued a statement that the discovery of Ridley Turtles in the bay waters would not affect the landmass; therefore all of the obstacles are now cleared. Council Member McComb clarified that the dedication ceremonies for Dr. Minutes Regular Council Meeting September 24, 1985 Page 14 Hector P. Garcia Park would be at 1:30 p.m. on November 10, and a reception would be held at the Bayfront Plaza Auditorium, Room 222, on November 9, at 6:00 p.m. * * * * * * * * * * * * * Mayor Jones called for petitions from the audience. Mr. Bob Gulley, 4044 Magee Lane, referred to articles in the newspaper that left the impression the Council had approved the concept of closing Shoreline Drive; the Park Board has approved the closing of Shoreline Drive; and the Transportation Advisory Board is opposed to the closing. He stated that the Council should consider this matter very carefully, in that he foresees this becoming a major campaign issue in 1987. He urged that the Council not close Shoreline Drive. Mayor Jones clarified that the Council only accepted receipt of the report from the Bayfront Activities Committee and the Corpus Christi '90 Task Force. He stated that this will be before the Transportation Advisory Board in response to the CC '90 report, and the Board's recommendation will come before the Council in January. Mayor Pro Tem Best and Council Member Strong reiterated that the Council has not voted in any manner regarding the closure of Shoreline Boulevard. Mr. Ron McGee, 3022 Jamaica, referred to his property on Linnet Court. Mr. McGee gave a history of the zoning, platting, and construction that had occurred on this property. City Manager Martin reported that Mr. McGee may use his property for a single-family dwelling or "B-3" uses, not multi -family dwelling as the "for -sale" sign indicates that is on this property. He stated that when Mr. McGee obtained the building permit for the five bedroom house, the drawing on the permit only showed a "patio" existing on the lot, not another single-family dwelling. He pointed out that the permit application, which included the drawing, was signed by Mr. McGee. There being no further business to come before the Council, on motion by Council Member Strong, seconded by Council Member Mendez, the meeting was adjourned at 5:32 p.m., September 24, 1985. /td