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HomeMy WebLinkAboutMinutes City Council - 10/15/1985Present 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 October 15, 1985 2:00 p.m. City Manager Edward Martin City Attorney Bruce Aycock City Secretary Armando Chapa Mayor Luther Jones called the meeting to order at 2:00 p.m. in the Council Chamber of City Hall. The invocation was given by Mr. Merle Boucher, following which the Pledge of Allegiance to the Flag of the United States was led by Ms. Debbie Harellson. 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 Bill Pruet that the minutes of the October 8, 1985 Regular Council Meeting be approved, seconded by Council Member Frank Mendez, and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Motions, items 1 through 12, and 12A which was added as an emergency item: 1. Approval of specifications and authorization to receive bids November 6, 1985, for one Type I Modular Ambulance for AID Ambulance. This item is included in the 1985-86 Capital Outlay Budget. The estimated expenditure is $50,000. MICROFILMED Minutes Regular Council Meeting October 15, 1985 Page 2 2. Approval of specifications and authorization to receive bids November 6, 1985, for one wheel tractor with brush loader to be used by Sanitation Division for brush and trash pick up. This item is included in the 1985-86 Capital Outlay Budget. Estimated expenditure is $45,000. 3. Approval of specifications and authorization to 1985, for a twelve month supply agreement for 73 ganate used by the Water Division for treating expenditure is $220,000. 4. Approval of specifications and authorization to 1985, for eighteen siren/light bars for Police included in the 1985-86 Capital Outlay Budget. $18,000. 5. Approval of specifications and 1985, for approximately 40,000 filters at Westside Wastewater $100,000. receive tons of water. bids November 6, potassium perman- Estimated annual receive bids November 6, vehicles. This item is Estimated expenditure is authorization to receive bids November 6, cubic feet of plastic media for trickling Treatment Plant. Estimated expenditure is 6. Approval of specifications and authorization to receive bids November 20, 1985, for one 1250 GPM, Class A, Triple Combination Pumper fire truck. This item is included in the 1985-86 Capital Outlay Budget. Estimated expenditure is $130,000. 7. Approving the purchase of four Lifepak 5 Defibrillator/ECG Monitor System for use by Fire Department, AID Ambulance, from Physio Control Corporation for the total amount of $23,040, based on only bid. 8. Approving twelve month supply agreements, 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 captive radio repair parts and accessories for Radio Maintenance Division on the basis of sole source as follows: a. General Electric Company 259 Discount from Price Lists Estimated $125,000 GRAND TOTAL: b. Motorola Corporation 159 Discount from Price Lists Estimated $75,000 $200,000 These parts and accessories are used in the maintenance and repair of City and other Governmental agencies, radio and communications systems. 9. Approving plans and specifications and authorizing the receipt of bids for the Padre Island Public Safety Building on November 12, 1985. This 1982 Bond Program facility provides for the construction of an approximate 4,300 square foot fire station with related public safety uses on a 16 acre City -owned site on Commodores Drive in the Padre Island portion of the City. Minutes Regular Council Meeting October 15, 1985 Page 3 10. Approving plans and specifications and authorizing the receipt of bids on November 12, 1985, for the construction of two 8 -foot wide pedestrian bridges. One bridge would cross the drainage channel along the north side of the Tuloso-Midway/Rand Morgan High School, and the second would cross the drainage channel which separates Village on the Green Subdivision and West Oso High School property. 11. Approving an application to the Federal Aviation Administration for 1986 grant funds for the rehabilitation, grooving and related lighting system improvements for Runway 17-35 at Corpus Christi International Airport. It is further recommended that the City Manager be authorized to execute all documents required in relation to this project. The application is for $2,029,638, representing 90% of the total cost of the project estimated at $2,298,600. FAA has previously approved the City's pre -application for funds in the amount of $1,900,000 dated September 24, 1985 and requested the City to make application for the funds. FAA's tentative approval was based on 80% FAA -20% City; however, this work is eligible for 90% FAA -10% City, thus, necessitating the new grant costs. 12. Approving the following actions on the Wilmot Park Site Development, Phase I project: a. The contractor be granted a 39 -day time extension due to additional work authorized by change order and other delays beyond the con- tractor's control. b. The project be accepted and remaining funds of $11,512.62 be authorized to the contractor, Richard L. Brown. The total cost of this Community Development Block Grant project is $98,018.05. 12a. Approving a three week time extension on taking final action on Zoning Application No. 385-2, Mr. James R. Snyder, which will expire on October 16, 1985 due to the six month time requirement which is in accordance with Article 30, Section 30-6 of the Zoning Ordinance. The extension is needed to allow planning staff review of site plan. There were no comments from the Council or the audience on the consent motions. A motion was made by Council Member Joe McComb that the Consent Motions be approved; seconded by Council Member Berlanga; and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik absent at the time the vote was taken. * * * * * * * * * * * * * * Minutes Regular Council Meeting October 15, 1985 Page 4 Mayor Jones called for consideration of the Consent Ordinances, items 13 through 19. There were no comments from the Council or City Secretary Chapa polled the Council for ordinances were passed: 13. ORDINANCE NO. 19045 the audience on the ordinances; their vote; and the following AUTHORIZING THE REIMBURSEMENT TO TERCO DEVELOPMENT, INC., OF SANITARY SEWER COLLECTION LINE; APPROPRIATING $73,591. EMERGENCY. The Charter Rule was suspended and the ordinance passed Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong absent. 14. FIRST READING FOR THE INSTALLATION 83; AND DECLARING AN as follows: Jones, voting "aye"; Slavik AMENDING CHAPTER 49 OF THE CORPUS CHRISTI CODE, ARTICLE II, STREET, SIDEWALK, CURB AND GUTTER AND DRIVEWAY CONSTRUCTION BY REPEALING DIVISION 3 CONSISTING OF SECTIONS 49-40 THROUGH 49-44 BY PROVIDING A NEW DIVISION 3 ENTITLED, "DRIVEWAY DESIGN AND CONSTRUCTION STANDARDS", AND ADOPTING A MANUAL OF DRIVEWAY DESIGN AND CONSTRUCTION STANDARDS. The ordinance was read for the following vote: Jones, Strong voting "aye"; Slavik 15. SECOND READING the first time and passed to its second reading by Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and absent. AMENDING THE CITY CODE, CHAPTER 53, TRAFFIC, BY AMENDING SECTION 53-254, SCHEDULE V - INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES; (Leopard Street, reduction; Flour Bluff Road, reduction; Wooldridge Road, increase) PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance the following Strong voting was read for the second time and passed to its third reading by vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and "aye"; Slavik absent. 16. THIRD READING - ORDINANCE NO. 19046 AMENDING CHAPTER 23, HEALTH AND SANITATION, OF THE CITY CODE, BY ADDING A NEW SECTION 23-19, ANALYSIS OF PRIVATE WATERS FEE, TO ESTABLISH A SCHEDULE OF FEES TO BE CHARGED FOR LABORATORY TESTING OF WATER SAMPLES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting October 15, 1985 Page 5 The ordinance was read for the third time and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik absent. 17. THIRD READING - ORDINANCE NO. 19047 AMENDING THE PLATTING ORDINANCE NO. 4168, AS AMENDED, SECTION V, REQUIRED IMPROVEMENTS, SUBSECTION B, MINIMUM STANDARDS, ITEM 5, WATER LINES BY PROVIDING FOR EXEMPTION OR REFUND OF LOT AND ACREAGE FEES IN AREAS NOT LIKELY TO BE SERVED BY CITY WATER SERVICES WITHIN FIFTEEN (15) YEARS; PROVIDING FOR SEVERABILITY. The ordinance was read for the third time and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik absent. 18. THIRD READING - ORDINANCE NO. 19048 AMENDING THE IMPROVEMENTS, PROVIDING FOR BE SERVED BY SEVERABILITY. PLATTING ORDINANCE NO. 4168, AS AMENDED, SECTION V, REQUIRED SUBSECTION B, MINIMUM STANDARDS, ITEM 6, SANITARY SEWERS, BY EXEMPTION OR REFUND OF LOT AND ACREAGE FEES IN AREAS NOT LIKELY TO CITY WASTEWATER SERVICES WITHIN FIFTEEN (15) YEARS; PROVIDING FOR The ordinance was read for the third time and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik absent. 19. THIRD READING - ORDINANCE NO. 19049 AMENDING THE PLATTING ORDINANCE NO. 4168, AS IMPROVEMENTS, SUBSECTION B, MINIMUM STANDARDS, PROVISIONS FOR FUTURE EXTENSION OF WATER SYSTEM SERVICE AREA, AND RENUMBERING ITEMS 10 AND 11 PECTIVELY; PROVIDING FOR SEVERABILITY. The ordinance was read for the third time and Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik absent. AMENDED, SECTION V, REQUIRED BY DELETING ITEMS 8 AND 9, AND PLAT APPROVAL BEYOND CITY TO READ ITEMS 8 AND 9 RES - passed by the following vote: Pruet, and Strong voting "aye"; * * * * * * * * * * * * * Mayor Jones called for consideration of item 20. 20. Finding that the maps on file with the City Engineer depict the areas of the City's extraterritorial jurisdiction not likely to be served by City water and wastewater services within the next 15 years and determining that such areas should be exempted from the payment of lot/acreage fees for such services, respectively. The Planning Commission unanimously made such recommendation to the City Council on September 25, 1985. This is the final action in relation to Ordinances 17, 18 and 19 above. Minutes Regular Council Meeting October 15, 1985 Page 6 Council Member Mendez asked that a map of the areas that will be exempt be displayed. A map of the City was displayed depicting the areas that are exempt from the lot/acreage fee, and City Manager Edward Martin explained to the Council the manner in which the affected areas were determined. A motion was made by Council Member Mendez that item 20 be approved, seconded by Council Member Linda Strong, and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik absent. Mayor Jones called for consideration of item 21: 21. Authorizing City staff to negotiate with the bidder meeting the request for proposals criteria for the proposed adaptive re -use of the old filling station on the northeast corner of North Chaparral and Fitzgerald Streets. City Manager Martin explained that the Council had authorized the receipt of proposals for adaptive re -use of the filling station; the proposals were to be rated on two principal factors, financial capacity and expertise in food service, and design of the facility; two proposals were received, one of which did not meet the City's financial requirements, and the other bid was from Whataburger, Inc. He stated that Whataburger meets the financial criteria, but the initial design for adaptive re -use of the station was not acceptable. He stated that Whataburger is willing to further design the property, but before they proceed with the redesign, the Council needs to authorize further negotiations. He stated that Whataburger would not serve alcoholic beverages; they are willing to try some different items on their menu and eliminate the drive-in window; and before anything is finally approved, it will be brought before the Council. In response to questions by Council Member Berlanga, City Manager Martin stated that this is just a proposal, and the re -use would have to be adaptive re -use of the property and the historical appearance of the building would have to be maintained. Mayor Jones stated that the design would have to be approved by the Council. Council Member McComb stated that he is opposed to any type of food opera- tion at that location; the property was purchased for parking; only two proposals were received, which is an indication of the lack of interest; and he will not support this item because it is for a restaurant. He emphasized that the company involved has no bearing on his decision. Minutes Regular Council Meeting October 15, 1985 Page 7 Council Member Strong stated that she was concerned about the type of food that would be served, and inquired if that would be part of the proposal. City Manager Martin stated that if a more flexible menu and a different building design is used, there would be no problem with Whataburger being the operator; the signage at the location would be very restrictive; but if there are any negative feelings from the park tenants, the proposal will not be brought back to the Council. He stated that any opposition from any board or from the tenants will be brought to the Council's attention. Mr. Joe Bettendorf, speaking on behalf of Whataburger, Inc., stated that their goal is to tie the heritage and history of Corpus Christi along with that of Whataburger. He stated that this will be primarily fast food, but it will be a uniquely designed building; he does not want to commit the company at this time to the type of menu, but possibly a salad bar, entrees, and/or finger foods. He stated that this will not be a high-volume Whataburger at this time, but the company feels that in the future it will be. *Council Member Mary Pat Slavik arrived at 2:25 p.m. Council Member Pruet stated that the major issue on this project is the design of the building; he feels the visitors to Heritage Park will need dining facilities; the project will bring revenues to the City; and he would like to see the idea developed. Further discussion followed as to what would be included in the proposal, and Mr. Martin stated that the proposal would include gross revenues for the City, the type of menu, the length of the lease, and the design of the building. Mr. Martin stated that the Council must face the fact that for the restaurant to be operable, it must by a fast-food type restaurant. He stated that even though the other proposal was excellent, the financial capacity was not there. There were no comments from the audience on motion 21 A motion was made by Council Member Pruet to approve item 21; seconded by Council Member Guerrero; and passed by the following vote: Jones, Best, Berlanga, Guerrero, Mendez, Pruet, Slavik, and Strong voting "aye"; McComb voting "no." Mayor Jones called for consideration of the following: 22. Authorizing the City Manager to execute an agreement with the City of Robstown transferring the ownership, maintenance and operation of a waste- water lift station located on FM 52 and an 8 -inch gravity sanitary sewer main from the City of Robstown to the City of Corpus Christi and -providing that the City of Robstown can serve subdivisions south of FM 50 within Corpus Christi's extraterritorial jurisdiction until such time as Corpus Christi's collection system is extended to serve the area. Minutes Regular Council Meeting October 15, 1985 Page 8 City Manager Martin explained that this item is another step in resolving any possible future disputes regarding extraterritorial jurisdiction, and he feels that this is a good action on the part of the two Cities. There were no comments from the audience on motion 22. A motion was made by Council Member Mendez that item 22 be approved; seconded by Council Member Strong; and passed unanimously. Mayor Jones called for consideration of the following: 23. Motion approving the purchase of an 8 megabyte upgrade for our computer mainframe at a cost of $100,000 and to lease purchase over 36 months six new disk drives, a disk controller and a communications controller at a cost of $15,363.93 per month plus maintenance. The equipment will be purchased from IBM under our supply agreement established at the time we purchased the 3083 mainframe. Approval is also requested to install and rent thereafter a new Communication Network software package and to declare existing equipment surplus, including old disk drives, disk controller and communication controller, and sell these to SEM based on highest bid purchase price. Funds are available for the new equipment in the budget and from the sale of the old equipment. City Manager Martin explained that item 23 is a very positive and very complex action; the Data Processing Department constantly monitors their equip- ment and updates the equipment at the most economical time; this is done through a series of actions; one, declaring equipment surplus; and two, selling the equipment. He informed the Council that $134,700 is owed on the equipment and the bid received to sell the equipment was $213,741.60. Mr. Marvin Koehl, Director of Data Processing, explained that this action would add 8 megabytes (16 million bytes) of memory to the central processing unit. Council Member Guerrero inquired if this would give the City the capability to initiate the "rounding -off" method of utility bills (for those who request this) in order to obtain donations for Operation Heat Help. Mrs. Leah Olivarri, Director of Administrative Services, explained that the data processing equipment itself is not related to "rounding -off" but rather the computer programs would have to be changed to initiate this utility billing method. She stated that as soon as the Utility Department receives the hand- held meter reading devices, which were delayed last year due to the drought situation, the programs would be changed. There were no comments from the audience on motion 23; a motion was made by Council Member Guerrero that item 23 be approved; seconded by Council Member Strong; and passed unanimously. Minutes Regular Council Meeting October 15, 1985 Page 9 * * * * * * * * * * * * * * City Manager Martin stated that ordinance 24 was directly related to item 23. There were no comments from the audience on ordinance 24; City Secretary Chapa polled the Council for their vote; and the following was passed; 24. ORDINANCE 19050 AMENDING THE DATA PROCESSING BUDGET TO INCREASE THE APPROPRIATION BY $213,741.60 IN REVENUE FROM THE SALE OF SURPLUS COMPUTER EQUIPMENT AND APPROVING EXPENDI- TURES OF APPROXIMATELY $134,700 TO PAY OFF THE LEASE OF THE SURPLUS EQUIPMENT AND $65,025 FOR THE PURCHASE OF EIGHT MEGABYTES OF ADDITIONAL MEMORY FOR THE CENTRAL PROCESSING UNIT; 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 ordinance 25, approving a contract in the amount of $9,769,750 with Northdale Construction Company for construction of the new City Hall. City Manager Martin stated that the construction estimate for this project was $10.2 to $10.3 million; the City received six very competitive bids; and the low bidder was Northdale Construction Company. Mr. Martin informed the Council that the staff and Taft Architects & Kipp, Richter & Associates conducted independent reviews of Northdale; different projects that had been constructed by the company were inspected; both the staff and the architects were satisfied that Northdale is capable of performing quality work; and that it will be a successful project. He stated that unit prices were bid on items that could possibly result in change orders, noting in particular that due to low unit prices, the basement of the new City Hall can be completed. Council Member Strong commended the staff for their thorough research of Northdale Construction Company. In response to a question from Council Member Strong, City Manager Martin stated that a list of minority contractors is available for the Council. Council Member Guerrero stated that he would like to meet the representa- tives of Northdale, and City Manager Martin stated that another ground breaking ceremony would probably take place so that this would be possible. Minutes Regular Council Meeting October 15, 1985 Page 10 Mr. Mike Willock, Vice President of Northdale Construction Company, gave a very brief history of Northdale; he informed the Council that they are looking forward to working in Corpus Christi; his company will be relocating mainly managerial personnel to Corpus Christi; and 65% of the construction will be awarded locally. In response to a question from Council Member Pruet, Mr. Gerald Smith, P.E., City Engineer, stated that construction should commence within three to four weeks. There were no comments from the audience on this ordinance; City Secretary Chapa polled the Council for their vote; and the following was passed: 25. ORDINANCE NO. 19051 AUTHORIZING THE EXECUTION OF A CONTRACT WITH NORTHDALE CONSTRUCTION COMPANY FOR CONSTRUCTION OF A NEW CITY HALL FACILITY; AUTHORIZING THE EXECUTION OF A TESTING CONTRACT WITH GULF COAST TESTING LABORATORY; APPROPRIATING $9,392,199.18; 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." City Manager Martin explained that Ordinance 26, approving an escrow agreement with the State Department of Highways and Public Transportation and appropriating $2,857,225.27, was the first phase for the Crosstown Extension; the State will spend approximately $7 million on this Urban System Project; the City's share of the construction is from interest earnings, federal funds, and many other sources which have been accumulating over many years; and construc- tion will commence towards the end of 1985. Mr. Martin explained that Ordinance 27 implements revisions to the Compen- sation and Classification Plan to bring it in compliance with the Fair Labor Standards Act and the subsequent U.S. Supreme Court decision issued regarding overtime pay. He stated that this would have no adverse effect since the City pays time and one-half for overtime worked for certain levels. He stated that the major adverse impact concerns Police Officers who will new receive pay instead of compensatory time. In response to a question from Council Member Mendez, Mr. Martin stated that for time earned before October 15, the employees affected will be allowed to take compensatory time, if they desire, through the next eight months, but thereafter, time and one-half would be paid. There were no comments from the audience on Ordinances 26 or 27; City Secretary Chapa polled the Council for their vote; and the following were passed: Minutes Regular Council Meeting October 15, 1985 Page 11 26. ORDINANCE 19052 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROVIDING FOR THE RECONSTRUCTION OF SARATOGA BOULEVARD FROM SOUTH STAPLES STREET TO AYERS STREET; APPROPRIATING $2,857,225.27; 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." 27. ORDINANCE NO. 19053 AMENDING ORDINANCE NO. 3658 AND NO. 8127 OF THE COMPENSATION AND CLASSIFICATION PLAN TO COMPLY WITH THE FAIR LABOR STANDARDS ACT; 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 briefly reviewed Ordinance 28, amending the zoning ordinance upon application of Mr. Doyle Brown, and stated that the public hearing was held on October 8, 1985. There were no comments on Ordinance 28; City Secretary Chapa polled the Council for their vote; and the following was passed: 28. ORDINANCE 19054 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF DOYLE BROWN BY GRANTING A REVISED SPECIAL COUNCIL PERMIT FOR THE EXPANSION OF A SILK SCREEN AND SIGN SHOP ON LOTS 7 THROUGH 10, BLOCK 2, HUGHES ADDITION; 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 explained that item 29 is a series of resolutions to be presented at the Texas Municipal League Meeting in San Antonio. He stated that one of the major concerns is the provision for emergency personnel, and these resolutions will be considered by the Resolution Committee at the meeting. City Manager Martin stated that he would like to add one resolution in addition to those before the Council, urging the Governor to form a task force to study the potential exposure of local governments to liability losses and the availability of adequate insurance coverage alternatives. The Council indicated their concurrence. Minutes Regular Council Meeting October 15, 1985 Page 12 There were no comments from the audience on the resolutions; City Secretary Chapa polled the Council for their votes; and the following were passed: 29a. RESOLUTION NO. 19055 SUPPORTING THE POSITION OF THE GOVERNOR OF TEXAS CONCERNING "DRAFT REPORT TO CONGRESS ON THE COASTAL BARRIER RESOURCES SYSTEM AS REQUIRED BY SECTION 10 OF PL 97-348; THE COASTAL BARRIER RESOURCES ACT OF 1982." The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 29b. RESOLUTION NO. 19056 SUPPORTING FEDERAL LEGISLATION TO PERMIT STATE AND LOCAL GOVERNMENTS TO GRANT COMPENSATORY TIME OFF AS AN ALTERNATIVE TO OVERTIME PAY TO EMPLOYEES WORKING MORE THAN A 40 -HOUR WEEK. The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 29c. RESOLUTION NO. 19057 OPPOSING FEDERAL AND STATE LEGISLATION PREEMPTING LOCAL GOVERNMENT PREROGATIVE. The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 29d. RESOLUTION NO. 19058 SUPPORTING STATE LEGISLATION TO IMMUNIZE PROVIDERS OF EMERGENCY SERVICES WHEN ACTING IN AN EMERGENCY AND NOT IN VIOLATION OF ANY LAW OR ORDINANCE APPLICABLE TO THE EMERGENCY ACTION. The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 29e. RESOLUTION NO. 19059 SUPPORTING STATE LEGISLATION PLACING A LIMITATION ON LIABILITY FOR CLAIMS AGAINST MUNICIPALITIES BASED ON THEIR PROPRIETARY FUNCTIONS. The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." Minutes Regular Council Meeting October 15, 1985 Page 13 29f. RESOLUTION NO. 19060 URGING THE GOVERNOR TO FORM A TASK FORCE TO STUDY THE POTENTIAL EXPOSURE OF LOCAL GOVERNMENTS TO LIABILITY LOSSES AND THE AVAILABILITY OF ADEQUATE INSURANCE COVERAGE ALTERNATIVES. The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." * * * * * * * * * * * * * City Manager Martin announced that the temporary injunction filed by the Corpus Christi Taxpayers Association regarding the 1985 effective tax rate had not been granted. * * * * * * * * * * * * * * Addressing the resolution regarding coastal barriers that had been passed unanimously, Council Member Strong stated that the economical information the task force provided was used in the Governor's report to the Department of the Interior in Washington, and this now unites all of the coastal cities. * * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following: 30. ALLEY CLOSING: - a portion of the 30 -foot wide public alley in Block 3, Gray Village Subdivision, between Calvin Drive and Everhart Road. Assistant City Manager James K. Lontos displayed a transparency of the alley and pointed out the abutting property, McClains Paint 6 Body Shop, Omaha Appliance Center, Channel 3, and Gallaghers Restaurant. He stated that the alley is paved from Calvin Drive to Omaha Appliance Center, and from Everhart to Channel 3; the request is a result of complaints from neighbors on the other side of the alley regarding dust; the estimate for paving the alley was $5,000; Central Power and Light Company and Southwestern Bell have lines in the alley; and Channel 3 objects to the alley closing. He stated that the staff takes no issue with Omaha Appliance Center because they have paved the section of the alley that abuts their property, but the portion abutting Channel 3 is unpaved. He stated that the alley serves employees of the businesses access to Padre Island Drive, and it is the staff's recommendation that the alley should not be closed, but the alley should be paved. Mr. Lontos stated that there are four alternatives, one, leave the alley open but require that Channel 3 and Omaha Appliance Center pay their share of 100% of paving costs; two, close the unpaved portion of the alley and return the right-of-way to Channel 3 and Omaha Appliance Center; three, physically barricade the unpaved portion; and four, the City pave the alley and assess Channel 3 and Omaha Appliance. Minutes Regular Council Meeting October 15, 1985 Page 14 Mayor Pro Tem Best stated that the first alternative seems the most logical. Council Member Guerrero stated that the portion behind Omaha which is paved is in very poor condition, and he feels that the entire alley should be paved. Mr. Lontos stated that Omaha needs the alley, but McClains does not. Mr. Gerald Smith, City Engineer, stated alley closure, as long as they have access to In response to a question from Council that if any of the property is assessed, it w Mr. Billy Brotherton, Station Manager station pays for paving the alley they would an exit from the rear of their property. that Omaha has no objection to the Calvin Drive. Member Berlanga, Mr. Lontos stated ould be Channel 3 and Omaha. of Channel 3, stated that if the like to use it for parking and as Mr. Bob Hawkins, President of Omaha, presented the Council with photographs of the alley. He stated that the company definitely needed access to Calvin Drive; they do not need access to Everhart Road; the company deals in large appliances; the merchandise usually arrives in 45 foot trailers; and their property was designed to use every inch of available space. He stated that the only problem with the alley is that the City does not maintain it as is required. He stated that at the rear of the property is a loading dock for the appliances, and the trucks must use the alley to load and unload the appliances. He stated that if the alley is closed, the trucks would have to back out on to Padre Island Drive, which would be very unsafe considering the traffic in that area. He stated that they have no objection to the portion of the alley behind Channel 3 being closed. In response to a question from Council Member Slavik, Mr. Hawkins stated that McClains does not care whether the alley is closed in that the only use they have for the alley is the placement of a dumpster. In response to a question from Council Member Berlanga, Mr. Hawkins stated his company invested money in the alley knowing that the City would maintain it. Council Member Strong stated that the complaints from the neighbors related to the unpaved portion of the alley, and that is the portion that should be addressed. A motion was made by Council Member Guerrero that the alley remain open but require that Channel 3 and Omaha Appliance Center pay their share of 100% of the paving costs. The motion was seconded by Council Member Slavik. Mr. Lontos stated that 22% of the 300 foot portion abuts Omaha's property, and he estimated that $1,200 would pay for paving Omaha's portion, and $4,300 would pay for paving Channel 3's portion. He stated that the City would maintain the alley. Minutes Regular Council Meeting October 15, 1985 Page 15 Council Member Mendez stated that he felt the alley does not need special attention from the City. In response to a question from Council Member McComb, Mr. Lontos stated that the City does not promote alleys; the City requires alleys to be fully paved before they are turned over to the City; but this alley was opened many years ago, and he feels the alley is not the City's responsibility. Council Member Pruet stated that Omaha should not have to pay more money, and Mr. Lontos stated that it was fair that those who abut the alley should pay for the paving that abuts their property. Mayor Pro Tem Best made an amendment to Mr. Guerrero's motion that Omaha pay $600, McClains pay $600, and Channel 3 pay $4,300. The motion was seconded by Council Member Berlanga, and Mr. Guerrero accepted the amendment to the motion. Council Member Mendez stated that he wanted to vote separately on these motions. Mr. Lontos pointed out that the Council is assessing property and McClains has no representative present. If McClains does not want to pay for the paving, they have every right not to pay. Council Member Guerrero stated that he does not accept the amendment to his motion. Mayor Jones called for the vote on Mayor Pro Tem Best's amendment and it failed to pass by the following vote: Best, and Berlanga voting "aye"; Jones, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "no." Mayor Jones called for the vote on the original motion made by Council Member Guerrero that the alley remain open but require that Channel 3 and Omaha Appliance Center pay their share of 1000 of the paving costs. ($1,200 for paving Omaha's portion and $4,300 for paving Channel 3's portion.) The motion passed as follows: Jones, Guerrero, Mendez, Slavik, and Strong voting "aye"; Best, Berlanga, McComb, and Pruet voting "no." A motion was made by Council Member McComb that the hearing be closed; seconded by Council Member Slavik; and passed unanimously. Mayor Jones announced the public hearing on the following zoning case: 31. Application No. 985-12, Mr. H. E. Savoy dba Savoy Homes: for a change of zoning from "R -A" 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' west of Marzbacher Drive. Minutes Regular Council Meeting October 15, 1985 Page 16 Mr. Larry Wenger displayed the area on the zoning and land use map; showed slides of the area; and gave the history of related zoning cases. He stated that a building permit for the construction of a home was issued in error. He stated that Planning Commission and Planning Staff recommend denial of "R -1B", and in lieu thereof, grant a special permit for a single-family dwelling. Council Member Berlanga stated that this was before the Council previously; he voted against the special permit at that time; and he will vote against it again. He stated that if the City had enough inspectors, this would not have happened in the first place. In response to a question from Council Member Strong, Mr. Wenger stated that this case was denied by the Board of Adjustment on June 26. He stated that the permits were issued by the City; Mr. Savoy's intent cannot be questioned after the fact; and it has never been the intent of the City to create a hardship for anyone. Mayor Jones inquired if there was a legal recommendation on this case. Mr. Jay Doegey, Assistant City Attorney, stated that when the problem was first discovered, the staff met with Mr. Savoy and discussed possible solutions to resolve the problem; it was agreed that Mr. Savoy would apply for a change of zoning in order to receive a special permit; and the Legal Department was involved in working out the recommendation of the staff to the Planning Commission. He stated that there is an appeal of the Zoning Board's decision, but if a special permit is granted, that appeal would become moot. Council Member Slavik stated that an individual had told her a lawsuit was filed on this case, and Mr. Doegey stated that the City has never been served. Mr. Eddie Savoy, the applicant, stated that the special permit now has the unanimous recommendation of the Planning Commission. Mr. Curtis Dyer, representing the owner of the property in question, Mr. and Mrs. Ben Wilson, stated that the ones suffering from this are the Wilson's. He stated that under a special permit, the Wilson's would be very restricted to a plat. He stated that this zoning change would be a significant insult to the Navy, as the Flour Bluff Comprehensive Rezoning Plan was adopted in order to protect the Navy. He stated that he would rather the Council deny this application. Assistant City Manager Tom Utter stated that if the property owner does not want the property rezoned, this would invoke the 20% rule. Mayor Pro Tem Best inquired if Mr. Dyer wanted the Council to vote against the zoning change, and Mr. Dyer stated that it really did not make any difference, as the Wilsons are damaged no matter what is voted upon. Minutes Regular Council Meeting October 15, 1985 Page 17 Council Member McComb stated that the only solution to this is "R -1B" zoning. Mr. McComb asked for the staff's response to "R -1B" zoning. Mr. Utter stated that the initial response would be to recommend against "R -1B", and Mr. Wenger agreed. Council Member Mendez stated that the concern is for future expansion on the property; if a special permit is granted, the Wilson's would be limited to what was on the site plan. He made a motion that a special permit be granted and that the site plan state "for single family uses." Mr. Dyer stated that Mr. Mendez' motion would be agreeable. Council Member Guerrero stated that consideration should be given to the Wilson's, and that any decision the Council makes will have an effect on any legal issue. Council Member Strong seconded Mr. Mendez' motion. In response to a question from Council Member Guerrero, Mr. Utter stated that if the property remained vacant for one year, the special permit would expire. Mayor Jones stated that he supported this motion. Mr. Eddie Savoy expressed appreciation to the Council for their concern in regard to the Wilson's. He pointed out that the Wilson's bought the home after the problem was discovered and that he had a letter from the City's Legal Department recommending a special permit as a solution. Mr. Dyer stated that it appeared the special permit would provide a solution to the problem. There were no further comments from the audience; a motion was made by Council Member McComb to close the hearing; seconded by Council Member Strong; and passed unanimously. Mr. Utter stated that if the motion passes today, an ordinance would be brought forth next week. Mr. Dyer stated that he would not oppose the ordinance. The motion passed as follows: Jones, Best, McComb, Mendez, Pruet, and Strong voting "aye"; Berlanga, Guerrero, and Slavik voting "no." * * * * * * * * * * * * * Minutes Regular Council Meeting October 15, 1985 Page 18 32. Application No. 985-10, Staples -Elizabeth Street Venture: for a change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lots 21 and 22, Block 3, Booty -Allen Addition, located on the southwest corner of Elizabeth and 7th Streets. Mr. Utter stated that in response to the 24 notices mailed; 9 were returned in favor; 3 were returned in favor outside the area of notification; 6 were returned in opposition; and 12 were returned in opposition outside the area of notification. He stated that the Planning Commission recommends denial, and the Planning Staff recommends denial of "B-1", and in lieu thereof, grant a special permit for a parking lot with no access to 7th Street and with a landscaping buffer along Elizabeth and 7th Streets. Mr. Wenger 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. Chip Bonner, representing the applicant, stated that the purpose of the parking lot is to serve a development on Lots 1 through 5 facing Staples. He stated that all curb cuts on 7th Street will be removed, and an agreement has been entered between the Church and Staples -Elizabeth Street Venture for joint use of the parking lot. Mr. Bonner then gave estimated vehicle usage as a result of the special permit and stated that the parking lot would be utilized only for employees. He stated that under the current zoning of "AB" a three- story building or apartments could be constructed. He stated that on 7th Street a park is being developed and he pointed out the parking lot in relation to the park, reiterating that curb cuts on 7th Street would be eliminated, thus lessening traffic on 7th Street. Mr. Bonner pointed out newly constructed buildings in the area, and stated that this area is changing. He urged the Council to approve the special permit for a parking lot. Mr. Johnny Cotten, architect, displayed the proposed parking lot on a drawing and showed slides of the area. He stated that an alley will serve the parking lot, and the area will be landscaped. Council Member Strong questioned the construction of a screening fence. Mr. Cotten stated that they are willing to put a fence around their waste container; the parking for the church will be improved; and the parking lot is to serve the building which will be located across the street. Dr. Bill Swan, 1521 S. Staples, spoke in favor of the special permit. He reminded the Council that the new medical plaza building has provided a catalyst to the other property owners in the Six Points area, and mentioned the numerous support medical facilities that would like to locate in the proposed structure. Mr. Bonner read an affidavit from Jerry Jones, Chairman of the Board of Trustees of the South Bluff Methodist Church, indicating that they are in favor of the parking lot. Minutes Regular Council Meeting October 15, 1985 Page 19 Mr. Cotten stated that all construction on this project will be local contractors, and the alley will be paved. Mr. Doyle Brown, 918 Merrimar, spoke in favor of the zoning change, and stated that the Six Points Association is proud to have the medical tower in the area. He stated that the Association supports this zoning change request. Mr. James Via spoke in favor of the zoning request and stated that this would improve the neighborhood. Mr. James Throop, 1520 South Staples, stated that he approves the zoning change as it is in keeping with the orderly development of the area. Mrs. Mary Brooks, 5th and Elizabeth, stated that she supports the zoning change and she feels that this will enhance a deteriorating neighborhood. Mr. G. E. Roberts stated that he has lived in this neighborhood since 1938 and is in favor of the zoning change. Mrs. Catalina Martinez 1309 6th Street, stated that she represents the Spohn Hospital Neighborhood Association. She stated that this zoning change would be an intrusion of a commercial venture into the residential area and would be destructive; the neighborhood is mainly single family residences despite the "AB" zoning; the homes are well kept; and a day-care center is located in the neighborhood. She stated that property has recently been acquired for a neighborhood park and the parking lot would generate traffic, which would endanger children in the park. She stated that she is opposed for the following reasons: it would be an intrusion into a residential area; it would be unsafe for children; the lots on 7th Street are residential; the parking lot would be unattractive; property value would diminish; and traffic would be generated. She stated that the owner of the home next to the subject property has been approached by the developers and told that they might want to buy her home for future expansion of the parking lot. She stated that special permit is a "foot in the door" for future rezoning. She stated that according to her calculations, the 20% rule is in effect. Council Member Strong commended Mrs. Martinez for her efforts, but stated that the parking lot is not located directly across from the park. She stated that if this is approved, head -in parking on Elizabeth in front of the Church would be eliminated; the only access to Elizabeth would be from the alley and it is only for employees. She stated that the proposed building will not be built if the parking lot is not constructed. Council Member Berlanga stated that he supports Mrs. Martinez. He stated that he met with the residents in the neighborhood and they are very concerned about this intrusion into the neighborhood. He stated that the creation of the parking lot will riot help them maintain the residential quality of the neighbor- hood. Minutes Regular Council Meeting October 15, 1985 Page 20 Ms. Amanda Martinez, 1309 6th Street, stated that the medical tower across the street has been mentioned several times, and she pointed out that this building has nothing to do with this zoning change for the parking lot. She stated that the proposed building, which is contingent upon the granting of zoning for a parking lot, is not a medical service center, as stated, but is a strip shopping center. Ms. Martinez displayed slides of the area and pointed out the day care center in the area, the park, and the head -in parking. She stated that a commercial venture in this area will create traffic and that she is not opposed to the commercial venture, but rather the placement of the parking lot. She stated that negotiations were under way to bring a restaurant into the proposed shopping center, which would create more traffic. She stated that no provisions have been made to restrict the parking lot to employees and the church. Mayor Jones asked Ms. Martinez to summarize her statements, and Ms. Martinez stated that she would like as much time as was allotted to the applicant. Mayor Jones stated that she could speak until 6:30, unless he was overruled by the Council. Ms. Martinez stated that the neighbors object to the zoning change; the area is overwhelmingly residential; the City is encouraging spot zoning; traffic on 7th Street will increase; the developers have plans to expand the parking lot; the proposed landscaping is not a consolation to the residents; and a parking lot cannot improve the neighborhood. A motion was made by Council Member Berlanga that Ms. Martinez be allowed to speak for ten more minutes. The motion died for lack of a second. There were no further comments from the audience; a motion was made by Council Member Strong that the hearing be closed; seconded by Council Member Slavik; and passed unanimously. A motion was made by Council Member Slavik that the zoning change be denied; seconded by Council Member Berlanga; the motion failed to pass as follows: Berlanga and Slavik voting "aye"; Jones, Best, Guerrero, McComb, Mendez, Pruet, and Strong voting "no." A motion was made by Council Member McComb that a special permit be approved in accordance with the staff's recommendation; seconded by Council Member Pruet. In response to a question from Council Member Mendez, Mr. Utter stated that according to the developers, the parking lot will be utilized by the church and employees only. Council Member McComb amended his motion to include that the parking lot be designated "for church and employee parking only." Minutes Regular Council Meeting October 15, 1985 Page 21 The motion and the amendment passed as follows: Jones, Best, Guerrero, Mendez, McComb, Pruet, and Strong voting "aye"; Berlanga voting "no"; Slavik absent at the time the vote was taken. Mayor Jones stated that the ordinance would be on the agenda next week. * * * * * * * * * * * * City Manager Martin reminded the Council of the Special Council Meeting to be held on Thursday, October 17, 1985, at 8:30 a.m. * * * * * * * * * * * * There were no comments from the audience under petitions from the audience. * * * * * * * * * * * * There being no further business to come before the Council, on motion by Council Member Strong, seconded by Council. Member Mendez and passed unanimously, the Regular Council Meeting was adjourned at 6:41 p.m., October 15, 1985. /td