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HomeMy WebLinkAboutMinutes City Council - 02/04/1986MINUTES REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS FEBRUARY 4, 1986 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 Mary Pat Slavik Linda Strong ABSENT: Council Member Bill Pruet Acting City Manager Ernest M. Briones City Attorney Hal George Assistant City Secretary Dorothy Zahn Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Ms. Constance Plomarity, a Del Mar student, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member David Berlanga, Sr. Assistant City Secretary Dorothy Zahn 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 Linda Strong that the Minutes of the Regular Council Meeting of January 28, 1986, be approved; seconded by Mayor Pro Tem Dr. Jack Best; and passed unanimously. MICROFILMED Minutes Regular Council Meeting February 4, 1986 Page 2 Mayor Jones announced the presentation by the Corpus Christi Aquarium Association. Mr. John Dorn, President, informed the Council that the Corpus Christi Aquarium Association has obtained options on approximately six acres of land on the south end of Corpus Christi Beach which they believe will provide the ideal site for a new aquarium because (1) this site will prove to be highly visible from the Convention Center, the downtown hotels and the bayfront; (2) it will allow the Association to build a taller, more dramatic building than the location on the landmass or Peoples Street T—Head would have permitted; (3) it provides ample adjacent land for parking and, most importantly, for future expansion; (4) it satisfies those citizens who object to any additional congestion on the downtown bayfront; (5) it gives the North Beach area the shot in the arm long needed to spur other major development there, which will greatly enhance community development and property values in that area; (6) it will make financially feasible the City's often talked about water taxi service; and (7) it is immediately available for site development and construction. Mr. Dorn stated that when this project was initially planned, it was envisioned to be a $2} million local facility but because of a number of things that have occurred, they now anticipate the project to be a $15 million project. Mr. Dorn continued by stating that they are willing to take on the task of raising the $15 million, but it would take the maximum financial participation of thousands of people, particularly in Corpus Christi and the surrounding area. He stated that they have estimated that approximately $4 million of the $15 million will be needed to cover site preparation and infrastructure costs such as bulkheading and passenger docks for water taxis, the relocation of utility lines, the possible use of the City's power of eminent domain to obtain adjacent properties for a municipal parking lot, paving and lighting of the parking lots, curbs, gutters, and sidewalks, landscaping and upgrading of the facilities in North Channel Park, renovation and restoration of the old City Fire Station in that park for a related use, closing of city streets within the property boundaries, adequate outdoor lighting throughout the area, and possible rerouting and beautification of access roads. Mr. Dorn requested that the City Council approve allocating the money for these things, either from existing funds or projected future revenues, or by including the amount needed in the upcoming April 5 bond issue. Mr. Dorn stated that their architects would be available to work with City staff in implementing a more definitive cost figure. He reiterated that the Association is not asking the City to make this money available directly to them or to use it in any way to build the aquarium or to purchase land on which the aquarium building would be located; they are asking that the City pay for necessary infrastructure and site preparation, provide for adequate adjacent parking, and vehicle and public access; and that in return, they would work with the City in any way necessary, including the possibility of giving the land they purchased back to the City in exchange for a long—term lease on the property on which they would build the aquarium, as originally was contemplated on the other city owned sites. linutes Regular Council Meeting February 4, 1986 Page 3 Mr. Dorn concluded by stating that they regret that the decision to acquire a new site on North Beach means that they no longer will be able to consider the proposed landmass as a viable site for the aquarium; they are not opposed to the landmass; but they cannot build the aquarium on the landmass for the following reasons: (1) the Corpus Christi Aquarium Association would lose its state designation if they were not in operation by 1991; (2) the larger statewide facility they are now planning requires a much larger site, both for present needs and future expansion; and (3) the unfortunate controversy surrounding the landmass has convinced them that it would be difficult to raise the $10 million necessary to build the aquarium on the landmass. Mr. Dorn reminded the Council that the Association is a non-profit corporation; with the exception of a few professional consultants and a small paid staff, all of them are volunteers who are taking substantial time away from their jobs and business, not to mention their families, to do something positive for Corpus Christi; and that this will be an aquarium for all of the citizens of Corpus Christi and this state. He further stated that a new aquarium will be a major boost to our City's obvious need to develop a strong convention and tourist industry; it will be a major center for education and research; it will provide entertainment and excitement for our children, and for their parents and grandparents; it will raise considerable tax revenues for the City, both in increased sales and property taxes; it will help create new jobs; and in short, it will be, along with Homeport, a tremendous boost to this City's economy. He pointed out that they have options to purchase on 90% of the area. Mr. Dorn then thanked the Council for the opportunity to allow him to speak and welcomed any questions the Council may have. Mayor Pro Tem Best noted that one of the arguments of placing the aquarium in front of the T -Heads when the project was originally planned was that it needed to be highly visible and accessible to tourists from the hotels and inquired of Mr. Dorn if he felt that has changed. Mr. Dorn explained that they do not feel that crucial criteria as it was felt originally because the building would be highly visible from the Convention Center, the downtown hotels and the bayfront, and would have the additional accessibility of water taxi service. Dr. Best then inquired if the Aquarium Association would have to go back to the drawing board, and Mr. Dorn replied that this location would give them a little bit more freedom in design and he did not think there would be a substantial drastic change. Council Member McComb stated that while he supports the project, he would have real difficulty in adding an ad valorem tax on the bond issue of the April 5 election for gingerbread items when the City already has so many basic needs that are unmet. Minutes Regular Council Meeting February 4, 1986 Page 4 Mr. Dorn noted that on the landmass, the City would have provided land for the project free of charge, and with the new site is looked at in the sense as the City is still providing a site but will be in the sense of dollars. He stated that he was willing to risk listing the item as a separate ballot proposition giving voters the last word on the project. Council Member Berlanga expressed the opinion that the aquarium is no doubt one of the best assets this City can have. He further expressed the opinion that this item should be taken into consideration; the Association is acting in good faith; and feels the City should support this endeavor. In regard to Council Member Slavik's question, Mr. Dorn explained that part of the overall plan is to ask the City to use condemnation powers to acquire parcels on a strip of land between the bridge and Surfside Boulevard for a municipal parking lot. Council Member Slavik inquired about the liability on operation costs, and Mr. Dorn informed the Council that operating expenses will not be a problem if an aquarium is constructed that will appeal to a large number of people. A motion was made by Council Member Guerrero that the Council approve the location of the aquarium on the site proposed by the Corpus Christi Aquarium Association on Corpus Christi Beach and that the Council direct the Staff to work with the Aquarium Association to develop a plan for the implementation of the $4 million. The motion was seconded by Council Member Berlanga. Mayor Jones recognized Speaker Pro Tem Hugo Berlanga who was present in the audience. Speaker Pro Tem Berlanga stated that there is no question that the aquarium can serve as a catalyst for the City of Corpus Christi. He stated that in terms of operating expenses, the Aquarium Association cannot come to the City or the state to ask for relief simply because the State of Texas has given this project state designation. He stated that this is a big opportunity for the City and that this Council should give it some serious consideration. He expressed the opinion that it would be a real tragedy to allow this opportunity to go to some other part of the State. Council Member Linda Strong referred to a copy of an article in the Wall Street Journal in which it states that aquariums are the next generations of civic -booster projects. She expressed the opinion that this kind of project cannot go without assistance. Minutes Regular Council Meeting February 4, 1986 Page 5 Mayor Jones indicated he would support the motion. He stated he had a great deal of respect and admiration for members of the Aquarium Board and pointed out the need to go before the Planning Commission for the specifics of any additions to the bond issue. Council Member Strong pointed out the time frame involved if this is to be included in the bond issue, and Mr. Dorn assured the Council that the Association is prepared to meet the time requirement. Council Member Mendez stated that he is not opposed to the motion. He agreed that this is a good project but concurred with Council Member McComb about placing it on the bond issue. He stated that it would be wrong to give the Aquarium Association false hopes; however, he agreed that this should be directed to the Staff. Mayor Jones then called for the vote on the motion and it passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik and Strong voting, "Aye"; Pruet, absent. Mayor Jones called on Mr. Joe Gardner, Bayfront Associates, Ltd. Mr. Gardner read from a prepared statement in which he expressed a great deal of regret to have received the news of the decision of the Aquarium Association to consider another site for the Texas State Aquarium. He thanked the Association for its patience, diligence, and fortitude in support of the Paseo Del Mar waterfront project, adding that he understood the reasons for their departure. Mr. Gardner stated that the removal of the aquarium from the Paseo Del Mar project will have little effect on the issuance of the Corps of Engineer's permit; that according to their attorney, the permit application does not require the construction of the Texas State Aquarium or any specific aquarium on the project as a prerequisite to issuing the permit; and since the application states that the intended use for a portion of the fill is a non—profit aquarium, they are currently reconsidering a number of options for the now available site, all of which would satisfy the permit requirements. He further stated that although there will be a loss of total revenue to the City and the project, the loss generated by the aquarium component will not jeopardize the economic viability of the site. Mr. Gardner concluded by stating that Bayfront Associates, Ltd. has retained the law firm of Vinson & Elkins of Houston, Texas to determine what legal ramifications the decision of the Texas State Aquarium to leave the project has caused and what remedies are available to the Partnership. Dr. Paul M. Gray, member of the Citizens Council, referred to the Federal Register in which it states that in issuing this permit, the company has relied on information and data on the structures to be erected on the landmass. He stated that if this is incomplete or changed, the permit would be nullified and void. He presented a copy of the Federal Register to Hal George, City Attorney. Minutes Regular Council Meeting February 4, 1986 Page 6 There were no further comments. Mayor Jones then declared a 15 -minute recess. Mayor Jones reconvened the Regular Council Meeting at 3:15 p.m. and called for Board and Committee appointments which were discussed during the morning Workshop Meeting. A motion was made by Council Member Guerrero that the following appointments to Boards and Committees be approved; seconded by Council Member McComb; and passed unanimously. a. Corpus Christi Business Development Commission: (Nominated by the Mayor and appointed by the Council) Term: Tony Bonilla, Sr. (Reappointed) 1-26-88 Loyd Neal (Reappointed) 1-26-88 Stephen Sullivan (Reappointed) 1-26-88 Mark H. Hulings (Reappointed) 1-26-88 Jim Peterson (Reappointed) 1-26-88 Pat Eisenhauer (Reappointed) 1-26-88 Berney Seal (Reappointed) 1-26-88 Lon Hipp (Reappointed) 1-26-88 Melvyn Klein - Advisory b. Mechanical Advisory Board: Alejandro Mejia (Master Plumber) - Reappointment 1-02-88 Tommy McDonald (Master Plumber) - Reappointment 1-02-88 Jim Grigsby (Mechanical Engineer) - Reapp't. 1-02-88 Ralph Morrison (Home Builder) - Reapp't. 1-02-88 Urban Anslinger (Air Conditioning) - Reappt. 1-02-88 c. Building Standards Board: Mrs. Marcella Curry (bldg. material dealer) 3-03-87 * * * * * * * * Mayor Jones called for consideration of the Consent Motions, items 1 through 12. 1. Approval of specifications and authorization to receive bids for an eight month supply agreement, with an option to extend for an additional twelve months, subject to the approval of the seller and the City Manager, or his designee, for approximately 10,000 feet of 10" and 5,000 feet of 12" steel line pipe for the Gas Division. Estimated expenditure is $120,175. Minutes Regular Council Meeting February 4, 1986 Page 7 2. Approving a supply agreement for mechanical joint, flanged -end, and swivel hydrant fittings, retainer glands and related miscellaneous bolts and gaskets with Corpus Christi Pipe and Supply based on best bid for an estimated annual expenditure of $111,434. The term of this agreement will be twelve months 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. These items are used by the Water Division. Twelve bid invitations were issued, four bids were received. Prices have decreased approximately 6% from last contract of October, 1984. Mayor Jones asked for an explanation of best bid, and Acting City Manager Briones explained that although the total bid submitted by another company was $1,153.44 less than that submitted by Corpus Christi Pipe and Supply, their bid was conditioned with a minimum order quantity of 40,000 lbs, and that not only would the additional fittings increase the cost of each order, but additional storage space would be required to store them. 3. Approving the award of one platform body and digger -derrick to UEC Company for the amount of $45,243, and one 20,000 GVWR cab and chassis to Coastal Bend GMC for the amount of $14,636.12, based on low bids. Total price for the complete unit is $59,879.12. This item is included in the 1985-86 Capital Outlay budget, Revenue Sharing, and will be used by Traffic Engineering. 4. Authorizing acquisition of five parcels of land (1113, 1131, 1134-36), located off Roundtree Circle, Countiss Drive and Robby Drive at a cost of $18,370, for the Turkey Creek Drainage Improvements project. (Attachment 113) 5. Approving plans and specifications and authorizing the receipt of bids on March 3, 1986, for Phase II of the School Sidewalk Program. This 1982 bond project provides for the construction of sidewalks along the following streets, which are predominately pedestrian routes serving schools: * a. Williams Drive just east of Staples Street to serve Blanche Moore Elementary School. b. Bear Lane from Green Gate Drive to Fortune Avenue to serve West Oso High School. c. Mueller Street from Erwin Avenue to Nandina Drive to serve Oak Park Elementary School. d. Hilltop Road from Guess Drive southerly to serve Annaville Elementary school. e. Redbird Lane from Calallen Drive to Cornet Drive and southerly along Cornet to serve Calallen Junior High School. f. Along Norton Street to serve Baker Junior High School. * (This item was later deleted -- see page 118) Minutes Regular Council Meeting February 4, 1986 Page 8 Mayor Jones inquired if the closing of Blanche Moore School would have an impact on item (a), the Williams Drive sidewalk. Assistant City Manager Lontos stated that apparently when this was formulated, there were no plans to close the school. He suggested that this item could be withdrawn from consideration. Mr. Gerald Smith, City Engineer, pointed out that Our Lady of Perpetual Catholic School could utilize the Williams Drive sidewalk. Council Member Linda Strong questioned how this would enhance the school which is on the west side of Staples Street. Mr. Smith stated children who cross from the Gardendale area to the Catholic school could utilize the sidewalks and that this project represented 250 linear feet of sidewalk. Acting City Manager Briones suggested deleting this item for consideration later. A motion was made by Council Member Guerrero that item 5(a) be deleted at this time and that the Staff submit a report to the Council as to whether the sidewalk would serve a school other than Blanche Moore School, seconded by Council Member Strong and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik and Strong voting, "Aye", Pruet, absent. 6. Approving plans and specifications and authorizing the receipt of bids on March 4, 1986, for the Sanitary Sewer Interceptor 34-A Expansion project. This 11th Year Community Development Block Grant project provides for the installation of 4,500 linear feet of 24 -inch diameter force main in Up River Road from Sharpsburg to Callicoate Road to increase the capacity of the existing Up River Road lift station. 7. Granting a 15 -foot wide pipeline easement to Florida Gas Transmission Company for the purpose of this firm relocating an existing 8 -inch diameter gas pipeline in Yorktown Boulevard west of South Staples Street. The relocation work and easement grant are in conjunction with the current construction of Yorktown Boulevard from South Staples Street to Everhart Road. Council Member Mendez referred to the Staff's memorandum in which it states that should the City request that the pipeline be relocated in the future, such relocation expense would be borne by the City and not the pipeline company and inquired if a study has been done to ensure that there will not be a need to relocate the pipeline in the future, and City Manager Lontos explained that the City will attempt to place the pipeline in a permanent location where it would not interfere with any construction. Minutes Regular Council Meeting February 4, 1986 Page 9 8. Amending the June 28, 1985 contract allow the Society to apply to prohibiting the payment of any new $7,500 has been repaid to the City. with the Texas Jazz Festival Society to the City for additional funds, but funds to the Society until the original $3,750 has already been repaid. 9. Authorizing the City Manager, or his designee, to execute a contract with Nueces County for continuation of the elderly Program outside the City limits of Corpus Christi. The contract contains a total budget of $146,147 and includes $19,888 in federal funds earmarked for rural Nueces County and $126,259 as the Nueces County allocation. The program will provide for such services as transportation, escort, outreach, information and referral, recreation and counseling from March 1, 1986 to February 28, 1987. No City funds are involved. 10. Authorizing the City Manager, or his designee, to operation of the concession area at Cole Park for a of three years. Bids will be received at the Department until 2:00 p.m., February 21, 1986. receive bids for the service contract term Park and Recreation 11. Declaring a vacancy on the Ambulance Advisory Council and appointing Ernest Briones, Acting City Manager, to fill the vacancy. Council Member Slavik recommended that the by-law language be amended to specify that the City Manager be appointed, and Acting City Manager Briones stated that the recommendation is stated on the last page of the memorandum from City Attorney Hal George and if the Council desires to confirm this, it should be in the form of a motion. A motion was made by Council Member Slavik that the By -Laws of the Ambulance Advisory Council be amended to specify that the Council will appoint 3 members, one of whom shall be the City Manager of the City of Corpus Christi or other designated employee, seconded by Council Member Berlanga, and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik and Strong voting, "Aye"; Pruet, absent. 12.* Confirming the appointment of a Substitute Municipal Court Judge pursuant to the provisions of Article II, Section 28, City Charter. Council Member Mendez referred to the discussion during the morning closed meeting and inquired if Item No. 12 should be approved. Discussion followed and Mayor Jones suggested that this item be withdrawn. There were no comments from the audience on the Consent Motions; a motion was made by Council Member Mendez that items 1 through 11, with item 5(a) having been deleted, be approved; seconded by Council Member Guerrero; and passed by those present and voting. * Withdrawn Minutes Regular Council Meeting February 4, 1986 Page 10 Mayor Jones called for consideration of the Consent Ordinances, items 13 through 19. He referred to Ordinance No. 14 which is for appropriation of $10,000 for relocation expenses in connection with the acquisition of property in Blocks 70 and 69, Beach Portion to the Bayfront Science Park Expansion project, and asked what was being relocated. Acting City Manager Briones explained that in this case, the City acquires the property and relocates the occupants of the facilities located at this property. Council Member Strong referred to Ordinance No. 13, pertaining to the appropriation of $2,235 from the Museum Trust Fund for a video production to be used in the Museum Education Program, and stated that while she does not have a problem with approving the funds, she questioned whether HB72, which does not allow for field trips for the school program, would recognize this. Assistant City Manager Bill Hennings explained that the Museum staff has redesigned the program to conform to HB72; this video tape is part of the packet to be used as an organized field trip and will be shown to the school children prior to visits to the Museum. In regard to Ordinance 16 which appropriates $23,418.54 out of the Park Trust Fund for reimbursement to the general fund for work performed at various parks, Council Member Slavik inquired about the improvements to the parks. Assistant City Manager Utter explained the improvements to the various parks. Council Member Slavik referred to the second reading of the ordinance amending the Building Code to exempt certain amateur radio antenna tower structures up to 50' in height from requirements for permits, inspections, and engineered design and inquired if there had been any further comments from the Building Standards Board, and Assistant City Manager Hennings informed the Council that there had been no further comments and they were still recommending that this be denied. Assistant City Secretary Zahn pointed out to the Council that Mr. B. E. Beecroft, a member of the Planning Commission, had filed with the City a Disclosure of Interest Affidavit in relation to Ordinance No. 15 which authorizes the purchase of property that he owns. Assistant City Attorney Doegey explained that Mr. Beecroft had filed with the City and the County a Disclosure of Interest Affidavit in accordance with the Code of Ethics. He stated that as long as the land is purchased at fair market value, it is permitted, but the affidavit must be filed. Minutes Regular Council Meeting February 4, 1986 Page 11 There were no comments from the audience on the Consent Ordinances; Assistant City Secretary Zahn polled the Council for their vote; and the following were approved: 13. ORDINANCE NO. 19176: APPROPRIATING $2,235 OUT OF THE MUSEUM TRUST FUND FOR A VIDEO PRODUCTION TO BE USED IN THE MUSEUM EDUCATION PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik and Strong voting, "Aye"; Pruet, absent. 14. ORDINANCE NO. 19177: APPROPRIATING $10,000 OUT OF THE CONVENTION CENTER BOND FUND FOR RELOCATION EXPENSES IN CONNECTION WITH ACQUISITION OF PROPERTY IN BLOCKS 60 AND 69, BEACH PORTION, FOR THE BAYFRONT SCIENCE PARK EXPANSION PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik and Strong voting, "Aye"; Pruet, absent. 15. ORDINANCE NO. 19178: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 71c IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $9,792; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik and Strong voting, "Aye"; Pruet, absent. 16. ORDINANCE NO. 19179: APPROPRIATING $23,418.54 OUT OF THE PARK TRUST FUND NO. 111 AND $8,859.86 OUT OF ELEVENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANTS FOR REIMBURSEMENT AT VARIOUS PARKS TO THE GENERAL FUND NO. 102-266-518.43-603; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik and Strong voting, "Aye"; Pruet, absent. 17. SECOND READING: AUTHORIZING THE EXECUTION OF A LEASE MODIFICATION AND AMENDMENT TO THE LEASE WITH PLEASURE PIER ASSOCIATES, INC. FOR THE OPERATION OF CAPTAIN BOOMERS RESTAURANT; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting February 4, 1986 Page 12 The ordinance was read for the second time and passed to its third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik and Strong voting, "Aye"; Pruet, absent. 18. SECOND READING: AMENDING THE ZONING ORDINANCE, ARTICLE 3, DEFINITIONS, BY ADDING A NEW SUBSECTION 3-1.53.1, SATELLITE ANTENNA DISH, AND ARTICLE 27, SUPPLEMENTARY HEIGHT, AREA, AND BULK REQUIREMENTS, SECTION 27-2, MODIFICATION OF HEIGHT REGULATIONS, BY ADDING A NEW SUBSECTION 27-2.04, FOR THE REGULATION OF SATELLITE ANTENNA DISHES, AND DECLARING AN EMERGENCY. The ordinance was read for the second time and passed to its third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik and Strong voting, "Aye"; Pruet, absent. 19. THIRD READING - ORDINANCE NO. 19180: CLOSING AND ABANDONING THE 40 -FOOT WIDE BY 105 -FOOT LONG UNNAMED STREET RIGHT-OF-WAY IN LOT 2, TRACT 3D, LOKEY SUBDIVISION SHOWN BY PLAT IN VOLUME 43, PAGE 29, MAP RECORDS, NUECES COUNTY, TEXAS; PROVIDING FOR REPLATTING. The ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik and Strong voting, "Aye"; Pruet, absent. Mayor Jones called for consideration of the following item: 20. Approval of a request by the Marriott and Hershey Hotels to close the 700 through 900 blocks of southbound Shoreline Boulevard (Mann to Starr Streets), from 10:00 a.m. until 6:00 p.m. on Saturday, March 1, 1986, in order to host a Sesquicentennial Celebration. Southbound Shoreline traffic will be detoured to Water Street during this event. The sponsoring hotels will reimburse the City for all costs incurred by the City in support of this public event. Acting City Manager Briones informed the Council that the request has been reviewed; the departments involved have been contacted and they offer no objection to the street closure; and that granting of the permit is recommended by the Staff on the basis that it is a one-time event associated with the Sesquicentennial Celebration. Council Member McComb stated that he had received a call from a lady in Driscoll, Texas, who had expressed concern in that the people in Corpus Christi would not be able to participate in their celebration which is also scheduled for March 1st. 4inutes Regular Council Meeting February 4, 1986 Page 13 Assistant City Manager Utter informed the Council that there would be a number of festivities celebrated in various cities in Texas on that day and that this particular project is in conjunction with the parade which had to be rescheduled. Council Member Mendez questioned whether the Marriott Hotel and Hershey Hotel personnel who are hosting the celebration would allow for the placement of sales booths by non-profit organizations along the street that is proposed to be closed. Mr. Robert Earley, a representative of the Hershey Hotel, informed the Council that they have asked the City Staff to refer any requests to Bill Boyle of the Hershey Hotel who will be coordinating the booths either for non-profit or profit organizations. He stated, however, that they might have to place a limit on the booths but they would try to accommodate as many people as they can for the site. He stated that they a have a number of activities already planned and the more activity they can generate the better. There were no comments from the audience; a motion was made by Council Member McComb that the foregoing item be approved, seconded by Council Member Guerrero and passed by those present and voting. Mayor Jones called for consideration on Action by Ordinance from the Regular Agenda. 21. Closing the public hearing on Saratoga Boulevard Reconstruction Project from South Staples to Ayers Street as held on January 21, 1986, and adopting the assessment roll which contains 116 items for a total assessment value of $674,420.78. Mr. Gerald Smith, Chief Engineer, stated that the paving assessment hearing for the Saratoga Boulevard reconstruction project was held on January 21, 1986, and appropriate engineering and enhancement testimony was provided. He stated that the staff, in preparing a summary report for the City Council based on comments received at the hearing, learned that an error had been made on the assessment roll; the assessment roll for Item 1134, the Country Club Townhomes, which are located at the intersection of Everhart and Saratoga Boulevard, were assessed at zero dollars; and that the staff assessed this townhome development as if the property backed onto Saratoga and as if it were platted, zoned and used for one or two family dwellings. He explained that the Country Club Townhome property is zoned A-2, and although it is used for residential purposes and a very high percent of the dwellings are homesteads, the property does not meet the criteria of the ordinance to allow for the special or residential rate. He stated that if the townhomes were zoned "R-1" or "R-2", were used for residential purposes, and backed onto Saratoga, the recommendation for no assessment as contained on the roll would have been correct. Minutes Regular Council Meeting February 4, 1986 Page 14 He informed the Council that to follow the literal interpretation of the assessment ordinance, particularly because of the A-2 zoning, the preliminary assessment which should have been indicated on the assessment roll for the townhome is $28,951. He explained that one alternative to correct this assessment would be for the City Council to close the hearing on the remainder of this project and reopen the hearing for Item 1134 after due notice is served to the 145 building site owners in this townhome complex; however, the record shows that Mr. George Paraskevas testified during the original hearing that the enhancement to the townhomes of $0.00 as shown on the roll was proper in his opinion; Mr. Paraskevas feels that, should the City Council schedule a hearing for the townhomes, it would be improper for him to testify because of his testimony at the original hearing even though that testimony was based on a staff error; and that if the hearing is reopened, another appraiser would have to be retained by the City. He stated that based on the error and the testimony previously given by Mr. Paraskevas, the staff feels it is very doubtful that an appraiser could be found to testify regarding enhancement and special benefits to the townhome property. Assistant City Attorney Jay Doegey explained the legal implications. Mayor Jones asked Mr. Smith if the Staff was, in fact, recommending that the Council close the hearing and reopen the hearing at a later date and serve proper notice on the townhome complex that they will be assessed. Council Member Guerrero expressed the opinion that to accept the assessment at $0 value would be wrong, and Mr. Smith confirmed that the error was on the Staff's part. He then inquired as to the process involved for this particular project. Assistant City Attorney Doegey explained that if the Council is going to explore whether the specific property received special benefit, this would have to go through a legal notice process and a public hearing. Council Member Strong stated that if the City staff made the error, the property was appraised and assessed some value, then she did not see any problem with another appraiser coming in to review it. She expressed the opinion that it is imperative that some continuity be maintained throughout all of the assessments on the street. A motion was made by Council Member Mendez that a special hearing be held for the Corpus Christi Townhome Complex, seconded by Council Member Strong and passed unanimously. Mayor Jones ascertained that the public hearing had been closed. He then called for comments from the audience in regard to this ordinance. Minutes Regular Council Meeting February 4, 1986 Page 15 A motion was made by Council Member Strong that a 5 -minute limitation be set on those wishing to speak on the ordinance, seconded by Council Member Mendez and passed unanimously. Mr. Ed Prichard, Attorney for the Corpus Christi Country Club, informed the Council that their property was deed restricted; there will be no openings into the property; the Country Club previously constructed a driveway off Saratoga Boulevard to serve a pump house but that was abandoned because they found that people were coming in without their authorization or knowledge; and the gate was removed and replaced by a permanent fence. Mr. Prichard stated that they would be glad to replat to eliminate the possibility of access on the Country Club property. He then asked that Mr. Arthur Clark, President of the Corpus Christi Country Club, be allowed to speak at this time. Mr. Clark commented on the danger of placing a sidewalk immediately adjacent to #17 tee box. He guaranteed that there will be no access on to Saratoga; he did not understand the call requesting a driveway cut that was made to the Engineering Department because it would be so dangerous; and that it would be entirely up to them to place something higher to protect pedestrians. Mr. Clark stated that they do not desire access to Saratoga because an access would be more of a detriment rather than an asset. Council Member McComb referred to the use as opposed to the zoning and inquired about the zoning of the property, and Acting City Manager Briones explained that the property is zoned "R -1B" and the zoning ordinance states what the proper land use is for that piece of property, adding that sometimes, the property is assessed according to the use of the property. Mr. Smith interjected by stating Corpus Christi Country Club property backing with no access, there would be Corpus Christi Country Club is zoned come to the Staff with a request for a the State Highway Department to do so. plat and not prohibited. that this ordinance states that if the were zoned and/or used for residential no assessments under the ordinance. The "R -1B". He stated that if they were to driveway, the City staff would authorize He stated that this was allowed in the A motion was made by Mayor Pro Tem Best that the Corpus Christi Country Club not be assessed because they are zoned "R -1B", their use is allowed under this zoning, and that they replat to eliminate the possibility of access. The motion died for a lack of second. Council Member Strong expressed the opinion that the Corpus Christi Country Club will be enhanced in value with the widening of Saratoga Boulevard and with the access to the club. Mr. Prichard expressed the opinion that her concept in order to have a valid assessment is incorrect because State law mandates an assessment must enhance a piece of property at least in the amount of the assessment. Minutes Regular Council Meeting February 4, 1986 Page 16 Council Member Berlanga agreed that this would enhance the value of the property and expressed the opinion that the privilege to the Country Club should not be extended as this would set a precedent. Council Member Strong reiterated her opinion. A motion was made by Council Member McComb that the Council concur with the assessment roll with the exception of item 1137, the Corpus Christi Country Club, and that it be assessed at the residential rate for "R -1B", seconded by Council Member Mendez, and passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Slavik and Strong voting, "Aye"; Guerrero, "No"; Pruet, absent. Mayor Jones announced the public hearing on the following item: 22. STREET CLOSING: 17th Street from Agnes Street to Marguerite Street and the unimproved 10 -foot wide alley in Block 8, Home Place Subdivision. The Staff has no objection to the street and alley closures subject to retainage of appropriate utility easements. Mr. Gerald Smith, City Engineer, displayed a transparency of the location and stated that the Kaffie firm owns all of the property on both sides of 17th Street; he proposes to construct a 20,000 square foot building to relocate a national account at this location; and this would permit truck maneuvering room to accommodate required loading and unloading operations. He stated that the staff has reviewed the application and found that there are a number of utility lines; if 17th street were closed, it would be necessary to retain essentially all of the 50 -foot wide right-of-way as utility easement as well as the 10 -foot wide ally in Block 8, assuming that the gas line in this alley is not relocated. Mr. Smith stated that this application is related to a zoning application which will be before the City Council on February 18th; Mr. Raffle had requested that this street closure be considered to coincide with a change in zoning for the same piece of property scheduled at that time; but that notices of the hearing had already been mailed to the property owners within the 450' area of the portion of the proposed street closing; therefore, the hearing dates could not be changed. Mayor Jones called on the applicant to speak. Mr. Morris Myerson presented the Council with a preliminary report and explained the reason for their request is because a national company will be utilizing the building which they propose to construct. He stated that the street closure is to accommodate the project; they will not interfere with students walking to the nearby school; and that the traffic has been investigated and this would not present a problem. He displayed a sketch of the building that is proposed. linutes Regular Council Meeting February 4, 1986 Page 17 Mr. Harris Kaffie, the applicant, expressed the opinion that this seems to be an adequate project for the area; this will add to the City and State's efforts to improve and revitalize Agnes Street; it will increase tax values in the area; and in his opinion, would enhance the neighborhood as a whole. Mr. Kaffie stated that he is not asking for any financial assistance other than the street closing. He expressed the opinion that if this particular account relocates somewhere else, it will be a loss to the City. Mayor Jones inquired about the zoning request, and Mr. Kaffie replied that his request is from "A-2" to "I-2" Light Industrial District. Council Member McComb inquired if the Staff had any kind of recommendation, and Mr. Smith informed the Council that the Staff had studied the traffic and feels that the street could successfully be closed. Council Member Mendez questioned the need to close the street if they did not obtain the proper zoning. Mr. Kaffie replied that without the closing of the street, he was not sure about the future of the property. He reiterated that this project would be a great enhancement to the area. Council Member Guerrero inquired if the street proposed is closed and the zoning were denied, if Mr. Kaffie would accept a special permit, and Mr. Kaffie replied in the affirmative. Mr. Oscar Flores, President of the Westside Business Association, objected to the closing of 17th Street because he felt that the closing of this street would deny access to residents in the neighborhood. He expressed the opinion that this type of business would not enhance the area, adding that warehouses often create blight areas. He stated that the Westside Business Association has worked hard to enhance this area and urged the Council to not approve the street closing request. Mr. Flores provided the Council with a further explanation of their plans for the Mercado which will be constructed directly across the proposed facility. Mayor Jones inquired about what plans the City had for the Mercado, and Acting City Manager Briones stated that he was not aware of any plans the City had for this type of project. Council Member Strong inquired about the statement Mr. Flores made that if 17th Street were closed, the neighbors would be upset, and Mr. Flores explained that closing 17th Street would interfere with access to the neighborhood even though the Mercado is north of Agnes Street. Council Member Strong expressed the opinion that people need to get away from the negative connotation that a warehouse automatically causes a blight area. Minutes Regular Council Meeting February 4, 1986 Page 18 Further discussion followed on whether the street should be closed prior to the approval of the zoning change application scheduled for February 18th, and Acting City Manager Briones suggested that the street could be closed on the condition that facility be constructed with a certain period of time and if it does not happen, the street be left open. A motion was made by Council Member Guerrero that the hearing be recessed until the zoning application is heard before the City Council, seconded by Council Member Slavik. Mr. David Salinas, owner of one of the buildings in the area, spoke in opposition to the street closure. He stated that he plans to remodel his building; he proposes to have a recording studio at this location; and expressed the opinion that vibrations from the 18 -wheelers would not be suitable for the type of business that he plans. Mr. George Torres objected to the street closing because children walking to and from school in the area would have to go around the facility. He stated that none of the streets are developed; there are no sidewalks; there is stagnant water every time it rains. He stated that he did not object to the project but objected to the street being closed. Council Member Mendez agreed that this hearing should be postponed and considered again at the time of the zoning change application. He stated that the City needs less "I-2" zoning in this area. Council Member Berlanga expressed concern that if this street were to be closed, others in the vicinity will follow; the whole area which is bounded by Agnes, the Expressway, and 19th Streets are all residential; and expressed the opinion that it would impair the area if closed. He stated that he had received calls from people in the area who are opposed to industial businesses because of the children. Mayor Jones called for the vote on the motion to recess the hearing until the zoning application had been heard. The motion passed unanimously by those present and voting. 23. STREET CLOSING: Tenth Street from Booty to McKenzie Street for traffic purposes only. This action is recommended at the request of Nueces County MHMR Community Center, located at 1630 South Brownlee Boulevard, wherein the center would like to utilize the existing right-of-way of Tenth Street for parking, landscaping, and similar uses coincidental with their expansion plans. Minutes Regular Council Meeting February 4, 1986 Page 19 Mr. Gerald Smith, City Engineer, displayed a transparency of the location and stated that the Nueces County MHMR Community Center has requested City approval to utilize the public right-of-way of Tenth Street between Booty and McKenzie Street. He stated that MHMR does not propose to construct any permanent structures in Tenth Street but desires to utilize the 60 -foot wide right-of-way for parking, landscaping and similar uses; as an alternate solution, a revocable easement type of agreement would be in keeping with the plans of the MHMR Community Center but would not give up the public's rights to Tenth Street as in a street closure action. Mayor Jones ascertained that no one wished to speak in opposition. A motion was made by Council Member Mendez that the hearing be closed, seconded by Mayor Pro Tem Best and passed unanimously by those present and voting. Mayor Jones then called on the applicant or his representative to speak. Mr. Jerry Kramer, Cotton -Landreth Architects, displayed a sketch of the site plan. He stated that MHMR acquired the Old Thomas Spann Hospital; they have designed a park concept to allow residents to exercise in a contained area and closing this street to traffic would allow them the safety. He mentioned that many of the patients are physically impaired. No one else spoke in regard to this item. Mr. Smith informed the Council that an item will be on the agenda next week granting a revocable easement to Nueces County MHMR Agency authorizing them to use the 60 -foot wide right-of-way of 10th Street between Booty and McKenzie Street. Council Members Mary Pat Slavik and Linda Strong departed the Council Chambers. * * * * * * * * * 24. Sandy Ridge Addition, Block 1, Lot 11 - The owner is appealing a requirement for a 10 -foot street dedication for Nuecestown Road. Mr. Larry Wenger, Director of Planning, displayed a transparency of the location and stated that the owner is objecting to the 10 -foot street dedication for Nuecestown Road. He stated that although the owner maintains that no development would ever occur in this area that would increase traffic on Nuecestown Road, which deadends to the lots backing up to Interstate 37, the Staff does not recommend waiving the requirement for the following reasons: (1) a street dedication has been made from Lot 13, Riverview Terrace, to provide a portion of the street right-of-way for a cul-de-sac at the south end of Minutes Regular Council Meeting February 4, 1986 Page 20 Nuecestown Road, and as the remaining properties on both side of the street are platted, additional 10 foot dedications would be required to provide for a standard 50 -foot residential street; (2) the remaining unplatted properties could be subdivided into several smaller lots in which case a standard residential street section would be necessary to provide adequate access; and (3) to grant the appeal would set a precedent to waive future street dedication requirements. Mayor Jones called on the applicant or his representative to speak. Mr. George D. Shaffer, Attorney for the applicant, informed the Council that his client had been asked for a replat to obtain sewerage only. Mr. Shaffer stated that his client has no problem with the dedication on Up River Road but does object to the dedication of the land for Nuecestown Road just to be able to tap in. Mayor Jones pointed out to Mr. Shaffer that once the plat is approved, Mr. Guy could construct as many places as he wanted to. He pointed out also that once the exception is granted, it could never be backtracked. Mayor Jones called for other comments from the audience, and there were none. A motion was made by Council Member McComb that the Council concur with the Staff's recommendation to deny the appeal, seconded by Council Member Mendez and passed by the following vote: Jones, Best, Berlanga, Guerrero, Mendez and McComb voting, "Aye"; Pruet, Slavik and Strong, absent. 25. Padre Island No. 1, Block 34, Lots 12A, 13A and 13B - The owner is appealing a requirement for installation of a fire hydrant. The Ordinance requires that in all residential areas a standard city fire hydrant shall be located every 600 feet as measured along a dedicated street and that all buildings be within 500 feet of such hydrant. The nearest hydrant to the applicant's property is 685 feet. Mr. Wenger displayed a transparency and explained that the owner objects to installation costs of a fire hydrant as required by the Platting Ordinance for adequate fire safety. Mr. Wenger stated that the staff recommends denial of the appeal in order to maintain water distribution system standards for adequate fire protection as well as to protect the City's fire insurance key rates; and that to approve this appeal would set a precedent for future appeals to reduce standards for location of fire hydrants. Mayor Pro Tem Best inquired as to why Col. Buch was required to install a fire hydrant when the abutting property owners were not, and Mr. Wenger replied that Colonel Buch was in the process of replatting two lots into three lots which triggers the requirement. Minutes Regular Council Meeting February 4, 1986 Page 21 Mayor Jones called on the applicant to speak. Colonel Floyd Buch stated that his reason for the appeal is for the assessment of the fire hydrant and the acreage fees. He pointed out that there is a fire station nearby to adequately serve the entire block and he did not see why one property owner should be assessed for this just because he is replatting the two lots into three to be able to add on to his home. Mayor Pro Tem Best inquired if there was any way that Colonel Buch could share the costs with the neighbors, and Mr. Wenger explained that to his knowledge, this has never been done. Mr. Wenger pointed out that there are some vacant 100' lots in the vicinity and it is quite possible that the owners might decide to replat some time. Colonel Buch suggested an alternate plan and that is the elimination of the creation of the third lot by merely replatting one property line over to avoid the encroachment; therefore, creating only two lots. He stated that he felt that would clear up the problem with the present dwelling encroaching on the second lot. Mayor Pro Tem Best inquired as to how Colonel Buch could be assisted, and Mr. Wenger explained that the account could be set up to allow for extended payments. A motion was made by Council Member McComb that the Council concur with the Staff's recommendation to deny the appeal by Colonel Floyd Buch, seconded by Council Member Mendez and passed by the following vote: Jones, Best, Guerrero, McComb and Mendez voting, "Aye"; Berlanga, Pruet, Slavik and Strong, absent. Mayor Jones called for petitions from the audience on matters not scheduled on the agenda. There was no response. * * * * * * * * * There being no further business to come before the Council, on motion by Council Member Mendez, seconded by Council Member Mendez, and passed unanimously, the Regular Council Meeting was adjourned at 6:30 p.m., February 4, 1986. * * * * * * * * RR Minutes Aegular Council Meeting February 4, 1986 Page 22 I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of February 4, 1986. WITNESSETH MY HAND AND SEAL, this the i;, i1� day of( /Wi1.C'd`. , 1986. Armando Chapa, City Secretar City of Corpus Christi, Texas Luther Jo MAYOR