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HomeMy WebLinkAboutMinutes City Council - 02/18/1986MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 18, 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 Bill Pruet Mary Pat Slavik Linda Strong Acting City Manager Ernest M. Briones City Attorney Hal George City Secretary Armando Chapa Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Frank Mendez, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Dr. Jack Best. 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 Frank Mendez that the Minutes of the Regular Council Meeting of February 11, 1986 be approved; seconded by Council Member Mary Pat Slavik; and passed unanimously. A motion was made by Council Member Mary Pat Slavik that the Minutes of the Special Workshop Meeting of February 6, 1986 be approved; seconded by Council Member Leo Guerrero; and passed unanimously. * * * * * * * * MICROFILMED Minutes Regular Council Meeting February 18, 1986 Page 2 Mayor Jones announced the bid openings on the following projects: 1. So. Padre Island Drive Sanitary Sewer Trunkline: For sliplining a section of concrete sanitary sewer trunkline under South Padre Island Drive. This is a portion of the Oso Trunkline recommended for sliplining in the proposed Capital Improvements Program; however, in view of the deteriorated condition and the upcoming heavy construction under the State's extension of the expressway, the project needs to be constructed as soon as possible. Assistant City Manager James K. Lontos read bids from the following companies: Channel Construction Company and Jalco, Incorporated. 2. Up River Road Sanitary Sewer: This project provides for installing a thin-wall thermosetting resin liner as a form of sliplining in approximately 635 linear feet of the Up River Road line which due to unstable soil conditions has open joints subject to excessive infiltration and have the potential of collapse. Mr. Lontos read the one bid that was received from Naylor Industries, Incorporated. 3. Street Reconstruction - 16th and 17th Streets: For the reconstruction of 16th Street, from Ayers Street to Morgan Avenue; and 17th Street, from Ayers Street to Elizabeth Street. This is one of the last remaining Voluntary Paving street reconstruction projects included in the 1982 Bond Program. Mr. Lontos read bids from the following companies: Claude Chapman Construction Company, Inc.; Corpus Christi Land Venture; Heldenfels Brothers, Inc.; King Construction Company; Oceanside Asphalt, Inc.; and A. Ortiz Construction and Paving. Mayor Jones expressed appreciation to the companies that had submitted bids and stated that the bids will be tabled for 48 hours, pursuant to the requirements of the City Charter. A motion was made by Mayor Pro Tem Best that the following appointments be approved; seconded by Council Member Mendez; and passed unanimously. a. Corpus Christi Business Development Commission: (Nominated by the Mayor and appointed by the City Council) Term: David Longoria 1-26-88 Dick Bowers 1-26-88 E. R. (Dick) Brooks 1-26-88 * * * * * * * * * Minutes Regular Council Meeting February 18, 1986 Page 3 Mayor Jones called for consideration of the Consent Motions, items 1 through 8: 1. Approving the award for one modular ambulance to Excellance, Inc., based on only bid, for the amount of $53,482. This unit is to be used by AID Ambulance. Three bid invitations were issued and one bid was received. 2. Approving the purchase of one track excavator from Gulf Tractor Company, based on low bid, for the amount of $12,800. This unit is to be used by the Water Division for excavation in confined utility rights-of-way and easement areas. Three bid invitations were issued and two bids were received. 3. Authorizing the receipt of bids on March 18, 1986, for an Oil and Gas lease for the 97.012 acre City Maintenance Center. The lease includes the right for a two -acre drill site to be designated by City staff. 4. Authorizing the receipt of bids on March 18, 1986, for an Oil and Gas lease for 68 acres at the Westside Wastewater Plant located southwesterly of the intersection of Greenwood Drive and Saratoga Blvd. The lease includes the right for a two -acre drill site to be designated by City staff. 5. Adopting the Critical Path for the 12th Year Community Development Block Grant Program and setting a Public Hearing for May 13, 1986, 7:00 p.m. in the City Council Chambers. 6. Authorizing acquisition of two parcels of land (#27, 28) located off Deer Street at a cost of $1,400 for the Turkey Creek Drainage Improvements project. 7. Authorizing acquisition of a parcel (114) located on McArdle Road at Clare Street at a cost of $850 for the McArdle Road Street Improvements project. 8. Awarding a contract in the amount of $57,737.42 to Triangle Constructors & Demolition, Inc. for Parking Lot Improvements at the Lindale and Zavala Senior Citizen Centers and the construction of a Heavy Equipment Repair Area at the Municipal Service Center. Funds have previously been appropriated from the 11th Year Community Development Block Grant Program for construction of the parking lots, and funds for the 63 -foot by 52.5 -foot reinforced concrete repair slab are available in the 1985-86 Maintenance Services Operating Budget. City Secretary Armando Chapa referred to Item 5, adopting the Critical Path for the 12th Year Community Development Block Grant Program, and pointed out to the Council that a motion had been made during the morning Workshop Meeting to delete the neighborhood meetings scheduled for February and March. There were no comments from the audience on the consent motions; a motion was made by Council Member Mendez that the consent motions, items 1 through 8, be approved; seconded by Council Member Strong; and passed unanimously. Minutes Regular Council Meeting February 18, 1986 Page 4 * * * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances, items 9 through 15. Acting City Manager Briones stated that he would like to withdraw Ordinance No. 12, pertaining to the award of contract for the H.E.B. Tennis Center repairs, because the Staff had not had an opportunity to investigate the qualifications of the out-of-town company who had submitted the low bid and because there is a conflict in the opinion of two staff members of awarding a bid to the second low bidder. Mayor Pro Tem Best inquired of Mr. Briones if the conflict could be resolved by late afternoon, adding that perhaps this ordinance could be considered later in the meeting if it is resolved. Acting City Manager Briones replied that the Staff would be involved in the Special Council Meeting at the Convention Center and would probably not have an opportunity to work on it again. He reiterated that he would prefer to have this ordinance withdrawn and presented to the Council next week after the problem has been resolved. Council Member Pruet expressed concern about delaying the project for fear this would jeopardize the Southwest Conference Tennis Tournament scheduled to begin in early April. He emphasized the importance of moving forward with the project, adding that this work is badly needed before the tournament. Council Member Strong inquired if the bidding process states lowest and best bid, and Acting City Manager Briones replied that better bid is based on the quality of service, proximity of the contract, and overall price. A motion was made by Council Member Pruet that this ordinance be approved as recommended with the stipulation that the Staff provide a report as to its findings within the next week; seconded by Mayor Pro Tem Best. Acting City Manager Briones stated that a motion is not needed, that the ordinance could be approved by the Council if they so desire. Council Member Strong asked that the Council be provided with guidelines on how to determine the best bid. Council Member Slavik inquired about the dates for the Southwest Conference Tennis Tournament, and Terry Dopson, Director of Parks and Recreation Department, informed the Council that he was not sure of the exact dates but that it is scheduled for early April. Acting City Manager Briones provided the Council with information requested by them in regard to re -purchase options on parcels acquired for the Navy Clear Zones land acquisition projects. Minutes Regular Council Meeting February 18, 1986 Page 5 Council Member McComb inquired about the time factor involved before the City can open it up for sale, and Assistant City Manager Lantos replied that this needs to be done as soon as Cabaniss Field is permanently closed to air traffic, which will probably be in two years. There were no further comments from the audience on the Consent Ordinances; City Secretary Chapa polled the Council for their vote; and the following were approved: 9. ORDINANCE NO. 19187: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 27 AND 28 IN CONNECTION WITH THE BAYFRONT SCIENCE PARK AREA PROJECT; APPROPRIATING $212,039; 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". 10. ORDINANCE NO. 19188: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 67 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $1,267,700; 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". 11. ORDINANCE NO. 19189: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 71a IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $457; 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". 12. ORDINANCE NO. 19190: AUTHORIZING THE EXECUTION OF A CONTRACT WITH COASTAL PLAINS SALES AND SERVICE FOR REPAIRS TO VARIOUS TENNIS COURTS INCLUDING HEAVED AREAS, FILLING DEPRESSIONS, REPAIRING CRACKS, RESURFACING, COLOR COATING AND REPLACING NET POSTS AT THE H.E.B. TENNIS CENTER; APPROPRIATING $40,000; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting February 18, 1986 Page 6 The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 13. ORDINANCE NO. 19191: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF RODD FIELD PROPERTIES BY GRANTING A SPECIAL COUNCIL PERMIT FOR A MINIATURE GOLF COURSE ON A PORTION OUT OF LOT 52, BLOCK 1, GREENWAY GARDENS UNIT 2; 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". 14. SECOND READING: AMENDING CHAPTER 57, VEHICLES FOR HIRE, BY AMENDING ARTICLE IIIA, LIMOUSINE AND SIGHTSEEING SERVICE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the second time and passed to third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 15. SECOND READING: AMENDING CHAPTER 6, ANIMAL CONTROL, BY AMENDING SEC. 6-10, LICENSING, SUBPARAGRAPH (c), TO ESTABLISH A SYSTEM IN WHICH VETERINARIANS ARE REBATED $1.00 FOR EACH PET LICENSE SOLD; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the second time and passed to third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". Mayor Jones announced the public hearing on the following assessment project: 16. Assessment Hearing: For the construction of a 7 -foot wide sidewalk and bikeway along the east side of Ocean Drive from the Holiday Inn entrance at Buford Street to the north access road in Cole Park. Assistant City Manager Lontos explained the procedure to be followed during the assessment hearing in accordance with State law, and stated that Jay Doegey, Assistant City Attorney, will conduct the formal portion of the hearing. Minutes Regular Council Meeting February 18, 1986 Page 7 Mr. Doegey called as his first witness Mr. Gerald Smith, City Engineer. Through questioning of Mr. Smith, Assistant City Attorney Doegey established his qualifications to testify as City Engineer of the City of Corpus Christi. Mr. Smith explained that the scope of the project is from the east side of Ocean Drive from the access road at Cole Park to the Emerald Beach Holiday Inn entrance at Buford Street. He stated that the sidewalk section shall be constructed of reinforced concrete, it will be 7 feet wide; adjacent to the curb; and a wooden railing, 40" high, will be constructed along the bluff side of the sidewalk. Mr. Smith continued by stating that they are proposing to remove a few palm trees and 31 new palm trees will be replanted. He displayed a schematic of the project proposed. He explained that a 1963 agreement with the Scotch Investment Company obligates the abutting property owners to pay for sidewalk improvements "east of the west side of the east curb"; the Staff previously recommended that the owners be assessed 100% of the cost of 5 feet of the 7 -foot sidewalk; that based on this recommendation, the five items on the preliminary assessment roll have a total assessment value of $31,033.15; and that the low bid price of $91,936.05 was submitted by A. Ortiz Construction and Paving, Inc. Assistant City Attorney Doegey asked that Mr. Smith state the specific benefits of this project to the community, and Mr. Smith explained that this project would not only benefit joggers, bikers and pedestrians but would serve as an enhancement to the abutting property owners. Assistant City Attorney Doegey then inquired of Mr. Smith as to when the Staff anticipates work will commence on the project, and Mr. Smith replied that it would be three weeks after the contract is awarded or about the middle of March and that it is only a two-month project. Mr. Doegey called as his next witness, Mr. George N. Paraskevas. Through questioning of Mr. Paraskevas, Mr. Doegey determined that Mr. Paraskevas is a Certified Independent Broker; has been in real estate for 15 years; and is familiar with the project and with the assessment roll. Mr. Paraskevas stated that he has examined the property listed on the assessment roll and that in his opinion, the properties being assessed in this improvement will be enhanced in value at least in the amount of the assessment. He stated that the existing sidewalk is deteriorated and that joggers or pedestrians could easily trip and fall into the path of a vehicle. He stated that there are no pie -shaped pieces of property and that the only condition is that the palm trees that will be removed be replaced at least to the same number. Mayor Jones called for comments from the audience; and there were none. A motion was made by Mayor Pro Tem Best that the hearing be closed, seconded by Council Member Strong; and passed unanimously. Minutes Regular Council Meeting February 18, 1986 Page 8 Mr. Smith informed the Council that the ordinance adopting the assessment roll would be on the agenda next week. 17. Recessed 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. A motion was made by Council Member McComb that the recessed street closing be reopened; seconded by Council Member Slavik and passed unanimously. Mayor Jones stated that items 17 and 18 are related; therefore, the Council needs to consider them at the same time. 18. Application No. 186-3, Kaffie Brothers: For a change of zoning from "A-2 Apartment House District to "I-2" Light Industrial District on a tract of land being } of Lot 4 and Lots 5, 6, and 7, Block 9; Lots 8, 9, 10, and of Lot 11, Block 8, Home Place Subdivision. Assistant City Manager Tom Utter stated that in response to the 23 notices mailed, 3 were returned in favor; and 5 were returned in opposition. He stated that the Planning Commission recommends denial and the Planning Staff recommends approval. Mr. Larry Wenger, Director of Planning, displayed the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity, adding that the requested change of zoning is from "A-2" to "I-2" on both sides of the 17th street. Mayor Jones called on the applicant to speak. Mr. Morris Myers, representing the applicant, stated that they need both the zoning change and the street closure to accommodate the structure. He stated that there were a few people who objected to the location being in close proximity to the residences; there had been some concern expressed about the school children; and they had had the Traffic Engineering Department conduct a traffic count of the area and had found it to be low for pedestrians. Mr. Morris stated that he felt this project would enhance the neighborhood; noted that ingress and egress to the subject property will be from Agnes Street; and they plan to fence the area along Marguerite Street to protect Marguerite from truck traffic. He stated that if there was a problem with the ingress or egress in the area, he would be happy to work out something. He explained that the building would be constructed of a pre -fab metal; there will be some landscaping; and if there needs to be any screening, they would be happy to plant some oleanders. Minutes Regular Council Meeting February 18, 1986 Page 9 Mr. Harris Kaffie, the applicant, expressed the opinion that this will add to the City and State's efforts to improve and revitalize the area; it will increase property tax values in the area; and will provide jobs. He stated that this project is privately funded and expressed the opinion that with the Council's support, they can take advantage of a good opportunity for this area. He urged that the Council approve this so that they can move forward with their project. Noting that the applicant owns property in the vicinity, Council Member Mendez inquired of Mr. Kaffie if he had any plans to develop the additional property any time soon. Mr. Kaffie replied that he had no specific plans to develop the additional property at this time but perhaps at a later date. Council Member Strong referred to a statement brought to the Council's attention about future plans for the Mercado and Mr. Kaffie's willingness to alter the face of the building to coincide with the Mercado and inquired of Mr. Kaffie if he was working with the Westside Business Association. Mr. Kaffie stated that he has been in touch with the Westside Business Association; this approach was discussed; he has no problem with this if the facade is not too expensive or elaborate; and feels it is an excellent idea. Mr. Oscar Flores, President of the Westside Business Association, stated that they had previously been opposed to the construction of a warehouse because their number one priority is for the betterment of the area. Mr. Flores stated the Association no longer opposes the Kaffie project providing that there be landscaping on the Agnes side of the property. Mr. Flores felt certain that this can be worked out; he expressed the opinion that this group is a community—oriented group; and they are of the opinion that this project is for the betterment of the community. Council Member McComb inquired about the reason for Mr. Flores' position now in regard to the zoning change as opposed to his stance during the street closure, and Mr. Flores replied that at the time of the public hearing on February 4, the Association had heard it was for a warehouse; they have seen the plans since then; and can see that the structure will actually upgrade the property. Council Member McComb inquired about the condition mentioned by Mr. Flores on the exterior redesign, and Mr. Flores replied that they are primarily concerned with the Agnes Street side of the building and that they are mainly asking for this condition on the exterior to enhance that side of the building. Assistant City Manager Utter stated that the Staff has no problem with a special permit with those conditions, but pointed out that this applicant does not own but one lot adjacent to Agnes Street. Minutes Regular Council Meeting February 18, 1986 Page 10 Council Member Pruet expressed the opinion that he could not believe that a blank side of a building would not be any better than what is now there. He further expressed the opinion that this application should be granted the "I-2", thank the applicant for his efforts, and get on down the lot with another good project. Council Member Mendez referred to the special zoning, adding that he did not feel that the City should grant "I-2" zoning for any additional properties in that area. He expressed the opinion that if this application is granted the "I-2" with a special permit, this would still allow Mr. Kaffie the opportunity for the proposed project. Assistant City Manager Utter explained that the Staff has not discussed the special permit with Mr. Kaffie. Council Member Slavik indicated that she would support the street closure if the City would charge the appraised value. Mr. Morris Myers spoke again and stated that they could construct a sidewalk on the west side of the street for the school children. Mr. Utter then informed the Council that two other notices of the public hearing had just been received in opposition, one of which was from outside the 200' area of notification submitted by Bishop Rene H. Gracida, Catholic Diocese of Corpus Christi, who had expressed concern about the adverse effect on the Catholic school between 18th and 19th Streets on Mary Street. Mr. Carlos Moreno, 206 Dolphin, spoke in favor of the special permit and stated that after the Westside Business Association had looked at the project plans carefully, they were of the opinion that nobody would be displeased. He stated that the reason the Association is in favor of the special permit is because this would prohibit any further "I-2" development in the area; the special permit could allow for special conditions; and they are not asking for a blank check, merely asking for reasonable landscaping so that it would blend with the Mercado project. Ms. Dorothy Meredith, Property Manager for the Catholic Diocese of Corpus Christi and representative of Bishop Gracida, stated that their concern is with the closing of the street and how it might affect the traffic pattern of 19th Street Catholic Church. She expressed the opinion that if the Mercado is constructed, excess traffic will be directed through 18th and 19th Streets and inquired if this has been considered. Mayor Jones commented that he, personally, has never really been impressed with the arguments that a closing of a street would increase traffic flow in others. Minutes Regular Council Meeting February 18, 1986 Page 11 Ms. Meredith stated that closing of 17th Street would just compound the problem and this was Bishop Gracida's concern. Council Member Mendez expressed the opinion that he did not foresee that if the Mercado is constructed, that people coming down Agnes will take 18th Street. He expressed the opinion that 19th Street or the Access Road will be the two routes that will be taken. Mr. Joe De La Garza, 507 17th Street, expressed concern about the traffic flow that will be coming into Marguerite. He urged that the Council not approve the street closing request. Brother C. F. James, Pastor of Church of God, spoke in opposition to the street being closed, adding that he did not think that Marguerite Street will be able to carry the traffic flow. He stated that he is not opposed to the development in the area. Mr. Pete Flores, 209 Mary Street, urged that the Council study this request very carefully. He expressed concern about the special permit and inquired if Mr. Kaffie would abide by the conditions if this is granted. He stated that Mr. Flores, President of the Westside Business Association, is only concerned about the mercado and the warehouse but is not really concerned about the people who reside in the area. He pointed out that Mr. Kaffie owns property in the area and that he will probably let the proposed project deteriorate just as he has his other property in the area. He expressed the opinion that if Mr. Kaffie would demolish the old bar that he owns in the vicinity, drunks would not hang out there. Council Member Mendez explained to Mr. Flores that the special permit would in effect protect the citizens in the area and that the Council has no control over the building deteriorating. Mr. Miguel Angel Cavazos stated that he owns a corner lot in the immediate vicinity where Mr. Kaffie proposes to install the warehouse. He expressed concern that the project would decrease the value of his property. Mr. David Salinas, owner of one of the buildings in the area, stated that he has plans to remodel his building and proposes to have a recording studio at this location; he had previously opposed the street closure and the proposed project because he felt that vibrations from the 18 -wheelers would not be suitable for the type of business that he plans; he has since spoken to Mr. Kaffie who has assured him that 18 -wheelers would be limited; and is not opposed to the project because he feels that he can work with Mr. Kaffie. Mr. Mike Morgan, a Del Mar student who was in the audience, spoke stating that he sees no problem with the request because the churches could have some speed bumps placed in front of the schools to prevent speedsters and also the people in the area could have some type of awareness program to warn children not to play in the streets. He expressed the opinion that this is a good project for the area. Minutes Regular Council Meeting February 18, 1986 Page 12 Mr. Kaffie spoke again and expressed the opinion that the neighborhood would be safer with the street closed. There were no further comments. A motion was made by Mayor Pro Tem Best that the hearing be closed, seconded by Council Member Strong and passed unanimously. A motion was made by Council Member McComb that 17th Street from Agnes Street to Marguerite Street be closed, seconded by Council Members Pruet and Strong. Mr. Gerald Smith, City Engineer, pointed out that the 10 -foot wide alley in Block 8, Home Place Subdivision was included in the recommendation. Mayor Pro Tem Best amended the motion to include the 10 -foot wide alley and that the street be closed with the landscaping condition and subject to an acceptable site plan, seconded by Council Member Strong. Council Member Mendez stated that he is opposed to the street closing but would support the motion if the zoning for the property is for approval of a special permit instead of "1-2". Mayor Jones called for the vote on the motion and it passed unanimously. A motion was made by Mayor Pro Tem Best that the requested zoning of "I-2" on Application No. 186-3, Kaffie Brothers, be approved, seconded by Council Member Pruet. Council Member McComb referred to Mr. Mendez' previous concern about the special permit and stated that he could support a special permit with no conditions. Council Member Pruet questioned mixed uses of Mr. Kaffie's property since the northern half is already zoned "I-2". Council Member Mendez commented that he did not believe that the special permit would have any effect on what Mr. Kaffie plans to construct. He expressed the opinion that there is no need for additional "I-2" zoning for that area. Assistant City Manager Utter pointed out that based on the motion by Mayor Pro Tem Best, the Council would be overriding the Planning Commission's recommendation and would require six votes for a special permit or "I-2" zoning. Mayor Jones called for the vote on the motion and it passed as follows: Jones, Berlanga, Best, Guerrero, McComb, Pruet, and Strong voting, "Aye"; Mendez and Slavik voting "No". Minutes Regular Council Meeting February 18, 1986 Page 13 Assistant City Secretary Zahn stated that the ordinance effecting the zoning change will be on the agenda next week. 19. Application No. 186-4, Mr. Harry M. Greene: For a change of zoning from "AB" Professional Office District to "B-4" General Business District on lot 44, Block, 1, South Park Subdivision. Assistant City Manager Utter stated that in response to the 19 notices of the public hearing that were mailed; four in favor and none in opposition had been returned. He stated that the Planning Commission and Planning Staff recommend approval. There were no comments from the audience; a motion was made by Mayor Pro Tem Best that the hearing be closed, seconded by Council Member Strong, and passed unanimously. Assistant City Secretary Zahn polled the Council for their vote as follows: 19. ORDINANCE NO. 19192: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF HARRY M. GREENE BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 44, BLOCK 2, SOUTH PARK SUBDIVISION FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-4 GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Pruet, Slavik and Strong voting, "Aye"; Guerrero and Mendez, absent at the time the vote was taken. * * * * * * * * * * * A motion was made by Council Member McComb that the Regular Council Meeting be recessed, seconded by Council Member Strong and passed unanimously by those present and voting, at 3:50 p.m. * * * * * * * * * * A motion was made by Council Member Guerrero that the Council reconvene the Regular Council Meeting of February 18, 1986, seconded by Council Member Mendez and passed unanimously at 5:20 p.m. Mayor Jones stated that the City needs to arrive at a maximum tax rate and inquired of Mr. Juan Garza, Director of Finance, about the maximum dollar figure. Minutes Regular Council Meeting February 18, 1986 Page 14 Mr. Garza explained that the bond issue in the proposed amount of $111,000,000 could be financed with a tax rate of slightly less than 60C per $100 valuation. Mr. Garza provided the Council with a chart showing the effect the proposed tax increase of 0.0350 would have on average homeowners. He also explained the tax increase levied by CCISD - 0.0700; Del Mar - 0.0240; Nueces County - 0.0400; and the City's proposed 0.0350, which would result in a monthly cost increase of $10. Council Member Linda Strong asked if Mr. Garza would provide information on specific projects earmarked to be paid from Reinvestment Zone taxes. Assistant City Manager Utter stated that the Staff was very comfortable with the $5 million. He stated that anything that falls within the Reinvestment Zone could be financed from that source but assured the Council that taxes from that Zone will not be utilized to pay off other projects in the bond program. Council Member Strong noted that the Council is looking at $111 million and the 60C tax is a number that the Council must stay under. She expressed the opinion that it is important that whatever changes the Council makes in the bond program, that it be maintained within that figure. Council Member Pruet asked about the money earned after the sale of the bonds and before the money is spent, and Mr. Garza replied that the money is invested and will earn interest for the City. He continued by stating that the old arbitrage required that the City spends 85% of the bonds sold within three years. He stated that the new law requires that the City spend 5% of the bond proceeds within 30 days; if this is not done, the bonds become taxable. He stated further that the City can invest in any securities that will yield more than the money would earn; and that if it is not matched, the City would have to repay to the Federal Government. Council Member Pruet inquired if the average length of these projects is just nine months and if the going market rate is 7%, $6} million would be earned by the City from these bonds, and Mr. Garza stated that the City would get a considerable amount. Council Member Pruet stated that it is important to keep the Program at $111 million so that the cap on the tax rate can be mandated. Mayor Jones pointed out that $111 million can be financed with the tax rate never to exceed 60% and with an increase in the wastewater rates by 10% total. A motion was made by Council Member McComb that the final figure not exceed the tax rate of 59.90 and that the bond program not exceed $111 million; the motion was seconded by Mayor Pro Tem Best and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik and Strong voting, "Aye"; Pruet, absent at the time the vote was taken. Minutes. Regular Council Meeting February 18, 1986 Page 15 A motion was made by Council Member Guerrero that the City Council approve the recommendations as presented by the Planning Commission, seconded by Mayor Pro Tem Best. Discussion followed and the motion was withdrawn. The Council then proceeded with deletions and additions to the items presented by the Planning Commission. Under "Streets", Mayor Pro Tem Best recommended that item 1111, Traffic Signal Improvements, be increased to $2,000,000; add another $500,000 to Item 1113, Books for Library, under Public Facilities, to increase it to $1,000,000; and increase Parks and Recreation by $1,000,000. Council Member Strong recommended that under "Streets", Item 1 be increased by $900,000; recommended adding an item 1128, Matlock Street, in the amount of $1,200,000; and also $450,000 be included for Knickerbocker Street. Mrs. Strong further suggested that item 1113, Greenwood Drive, SPID to Saratoga Blvd. in the amount of $2,000,000 be deleted; item 1117, Mustang Trail Extension, Staples Street to McArdle Road in the amount of $300,000 also be deleted; and that $200,000 be added from the 1982 Bond Program on Mustang Trail. Council Member Guerrero objected to the deletion of Greenwood Drive. Council Member Pruet recommended that item #3, Holly Road, Weber Rd. to Staples St, Holly Road, Kostoryz Rd. to Weber Road include Holly Road between Ayers to Kostoryz and that $1.4 million be allocated for this addition. He also suggested that under "Public Facilities", that item 6 which pertains to the relocation of Fire Station #1 and related improvements, be deleted completely. Acting City Manager Briones expressed concern with the deletion of the relocation of Fire Station #1, stating that the reason for this relocation was to provide better protection for the downtown area and Corpus Christi Beach. He impressed upon the Council that this project not be deleted. A motion was made by Council Member Guerrero that Item No. 13, "Streets", remain as recommended by the Planning Commission, seconded by Council Member Berlanga. Mayor Jones pointed out to Mr. Guerrero that there has been no motion made for any of the deletions or additions yet. Council Member Guerrero agreed but stated that he felt it is important that this project remain as recommended. Mayor Jones called for discussion on the motion, and Council Member McComb noted that the Council has accepted the fact that it needs to maintain the $111 million or 59.90 figure; he expressed the opinion that nothing should be exempt at this point; and stated that all of the items should be studied carefully. Minutes Regular Council Meeting February 18, 1986 Page 16 Council Member Guerrero indicated that he would withdraw his motion if the Council adheres to the Planning Commission's recommendation. Motion was withdrawn. The Council then decided to start the process all over again. A motion was made by Mayor Pro Tem Best Neighborhood Street Improvements be reduced by deleted completely; apply $1,000,000 to Item 1 and that under "Public Facilities", Item No. 13, by an additional $500,000. The motion was that under "Streets", Item 15, $1,000,000; Items 17 and 18 be 1, Traffic Signal Improvements; Books for Library, be increased seconded by Council Member Guerrero. Council Member Mendez objected to reducing the Neighborhood Street Improvement Project by $1,000,000, stating that he felt this takes precedence over the Traffic Signal Improvements. He stated that the figure on the Neighborhood Street Improvement item was covered by petitions already received. Assistant City Manager Utter pointed out to the problem is in the deductions. He suggested that the list; place the figure amount of deductions in a pool; additions. Council that the biggest Council review the entire and then proceed with the A motion was made by Council Member Guerrero that the Council adopt the Planning Commission's recommendation. Mayor Pro Tem Best withdrew his motion previously made increasing some of the items and deleting others. Council Member Mendez expressed the opinion that the Council should not approve the Planning Commission's recommendation because he felt that this would indicate that they are neglecting the Council's duties. He stated he would not support the motion because he has a memorandum on recommendation on estimates on Turkey Creek Drainage Project; the recommendation under the program is for $1 million; he has estimate costs which are higher than is proposed; and expressed the opinion that if he votes on the program as recommended, he will not get the response as to why this was cut. Assistant City Manager Lontos explained that the scope of the project is to develop a line channel and retards to control erosion. He stated that obviously, if a reduction in the amount is made, a portion of the channel may not have a more detail or design around the curbs. He further stated that it could be that some of the work could be reduced to some degree. A motion was made by Council Member Guerrero that the Council cease discussion and vote on the motion. Minutes Regular Council Meeting February 18, 1986 Page 17 The motion died for lack of a second. Council Member Strong eliminated everything that she had recommended before and suggested the Council work together. She stated that she was willing to start all over again and look at the issues that they can agree on. Mayor Jones recessed the Regular Council Meeting at 7:00 p.m. Mayor Jones reconvened the Regular Council Meeting at 7:32 p.m. Mayor Jones asked that Assistant City Manager Utter reiterate his suggestion for the Council to follow in regard to the process of eliminating and adding items to the Capital Improvement Program. Mr. Utter explained that if the Council could go through the entire package and vote on the deletion of items, that would provide them a pool of money; the next step would be taking the dollars from that pool for items that individual Council Members may want to add. STREETS: A motion was made by Mayor Pro Tem Best that item 17, Mustang Trail Extension, Staples Street to McArdle Road, in the amount of $300,000, plus the $200,000 from the 1982 Bond Program be deleted, seconded by Council Member Berlanga. The motion passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Jones, "no". A motion was made by Council Member Pruet that Item No. 14, Corona Drive R.O.W. Purchase for extension across Everhart Road be deleted, seconded by Council Member Guerrero. The motion passed as follows: Jones, Best, Berlanga, Guerrero, Mendez, Pruet and Strong voting, "Aye"; McComb and Slavik voting, "no". A motion was made by Council Member Pruet that $195,000 designated for landscaping on Saratoga Blvd. from Ayers to Staples Street on Item 21 be deleted, seconded by Council Member Guerrero. Council Member McComb stated that he would not support this because this is a major investment on this street. Council Member Guerrero withdrew his second to the motion under that consideration, and Council Member Pruet withdrew his motion. Minutes Regular Council Meeting February 18, 1986 Page 18 A motion was made by Council Member Berlanga that item 9, McArdle Road, Carroll Lane to Everhart Road, be reduced by $200,000, seconded by Council Member Slavik. The motion failed to pass as follows: Jones, Best, Guerrero, McComb, Mendez, Pruet and Strong voting, "No"; Berlanga and Slavik voting, "Aye". A motion was made by Council Member Berlanga that Item No. 10, Airline Road, Holly Road to Saratoga Boulevard, be reduced by $200,000, seconded by Council Member Guerrero. Assistant City Manager Lontos pointed out that the Staff has already reduced that project by $180,000 and expressed the opinion that if this is reduced further, it will be critical. Council Member Guerrero withdrew his second and the motion died. A motion was made by Council Member Strong that further deletions on the Street category cease, seconded by Council Member Guerrero, and passed unanimously. DRAINAGE A motion was made by Council Member Mendez that the Council approve this as is, seconded by Council Member Slavik and passed unanimously. WASTEWATER A motion was made by Council Member Guerrero that the Council adopt the total amount of $15,890,000 for the projects as recommended, seconded by Council Member Strong and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik and Strong voting, "Aye"; Pruet, "no". AIRPORT A motion was made by Council Member Mendez that item 3, Land Acquisition, in the amount of $1,000,000 be deleted because he felt that the funds refunded by the Navy can be used for this acquisition; seconded by Council Member Guerrero; and passed unanimously. A motion was made by Council Member Strong that no further deletions be made to this category, seconded by Council Member Slavik and passed unanimously. PARK AND RECREATION DEPARTMENT A motion was made by Council Member Strong that item 3, Development of Unimproved Parkland be reduced by $770,000 and that they be from Aquarius, Cabo, Commodore and Gypsy Parks, and recommending that the City retain $15,000 on each of the parks for some of the minor improvements. Minutes Regular Council Meeting February 18, 1986 Page 19 The motion was seconded by Council Member Guerrero and passed unanimously. A motion was made by Council Member Mendez that the Council cease any further deletions from the Park and Recreation category, seconded by Council Member Guerrero, and passed unanimously. PUBLIC FACILITIES A motion was made by Council Member Slavik that item 1111, Radio Communications, be deleted in the amount of $1,500,000, seconded by Council Member Guerrero. Discussion followed on this, and Mrs. Slavik withdrew her motion on her recommendation to delete item 11 and Mr. Guerrero withdrew his second. Council Member Mendez referred to the Public Facilities category, Item 6, Relocation of Fire Station 1/1 and stated that this was one of the areas where the ambulances were to be placed. Council Member McComb stated that according to his information, the existing site would be totally abandoned; if the property could be sold, there might not be a need to allocate so much on this. A motion was made by Council Member McComb that this item be deleted by the full amount of $1.5 million and that the City find some other means for this project, seconded by Council Member Mendez. Further discussion followed on this. Mayor Jones called for the vote on the motion and it failed to pass as follows: McComb, Mendez and Strong voting, "Aye"; Jones, Berlanga, Guerrero, Pruet and Slavik voting, "Nay"; Best, abstaining because he was uninformed. A motion was made by Council Member Guerrero that deletions cease in the Public Facilities category, seconded by Council Member Mendez. In regard to a question on the Fire Station # 1 facility, Assistant City Manager Lontos replied that land acquisition is more expensive in the downtown area. Council Member Guerrero withdrew his motion to cease deletions and asked for further information on this. Discussion followed. Council Member Guerrero then made a motion to leave the Public Facilities category as is, seconded by Mayor Pro Tem Best and passed as follows: Jones, Best, Berlanga, Guerrero, and Mendez voting, "Aye"; McComb, Pruet, Slavik and Strong voting, "no". Minutes Regular Council Meeting February 18, 1986 Page 20 A motion was made that the Council not delete or make any additions to the Mercado and the Aquarium, seconded by Council Member Berlanga and passed unanimously. Motion was made by Council Member Strong that a 10 -minute recess be declared, seconded by Council Member McComb and passed unanimously at 9:07 p.m. Mayor Jones reconvened the meeting at 9:20 p.m. Assistant City Manager Lontos suggested reducing the Neighborhood Street Improvement Project by $200,000, adding that this amount can be supplemented by funds in the 1982 Bond Program designated for Mustang Trail. A motion was made by Mayor Pro Tem Best that the Neighborhood Street Improvement project be reduced by $200,000, seconded by Council Member Slavik and passed unanimously. The Council then proceeded with the additions to the Capital Improvement Program as follows: Council Member Berlanga recommended that $15,000 be added to the Temple Park Improvement Project. Mayor Pro Tem Best recommended that an additional $500,000 be designated for Library Books for a total of $1,000,000. Council Member Guerrero recommended that $20,000 be added for Almanza Park. Council Member McComb recommended $850,00 for the recreation center south of South Padre Island Drive at either Parkview or Acushnet Parks. Council Member Mendez recommended $100,000 for the neighborhood park in the Austin Triangle neighborhood area. Council Member Bill Pruet recommended $1.4 for extension of Holly Road, Ayers to Kostoryz. Council Member Strong recommended $200,000 to the Youth Sports Association with the understanding that it is a 50/50 match. A motion was made by Council Member Guerrero that the Holly Road extension project be reduced by $715,000 and that the Council approve the rest of the additions, seconded by Council Member Slavik and passed as follows: Jones, Best, Berlanga, Guerrero, Mendez and Slavik voting, "Aye", McComb, Pruet and Strong voting, "no". Council Member McComb pointed out that several of these parks were not even considered by the Planning Commission. Minutes Regular Council Meeting February 18, 1986 Page 21 Council Member Pruet expressed the opinion that the Council needs to put in the $1.4 million on the Holly Road project or delete it completely. He stated that half a road would not make any sense and would not be of any benefit to anyone. Council Member Slavik agreed with Council Member Pruet and suggested that $500,000 of the $685,000 be placed in traffic signalization. She made a motion to delete Holly Road and instead increase the traffic signalization project by $685,000. The motion was seconded by Council Member Berlanga and failed to pass as follows: Jones, Best, Berlanga, and Guerrero voting, "Aye", McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". A motion was made by Council Member Mendez that $685,000 for the Holly Road extension project from Ayers to Kostoryz be approved, seconded by Council Member Guerrero and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, and Mendez voting, "Aye"; Pruet, Slavik and Strong voting, "no". Mayor Jones then stated that the Council needs to decide on the number of issues that will be presented to the voters. Hal George, City Attorney, stated that the recommendation by the Bond Counsel on breaking that category down was based on the presentation made to the Council about grouping the projects. A motion was made by Mayor Pro Tem Best that nine propositions be presented to the voters as recommended by the Bond Counsel, seconded by Council Member Strong. Mr. George explained that the bond attorneys are very concerned; the Bond Counsel prefers to see the issue of the Aquarium and the Mercado listed separately; however, he does not have any objection to having them placed together so that if any question comes up, he can argue that. Mr. George reiterated that the Bond Counsel has no objection to combining them. Mayor Jones inquired as to why the Street category was the last proposition listed, adding that he would like to see this item presented in a manner that is favorable. Assistant City Manager Lontos explained that the theory behind it is that the City places a strong proposition first and a strong proposition at the end and that the rest of the sequence is immaterial. Council Member Mendez proposed that the City consider combining the Aquarium and Mercado with an aggregate amount of $5 million. Minutes Regular Council Meeting February 18, 1986 Page 22 Council Member Berlanga agreed, stating that these two projects stand the least chance of being approved; one of the projects will be a south side type of project and the other a west side effort; the Council needs to make a concentrated effort so that these will be approved by the people; and that several people have indicated to him that they stand a better chance of being approved if they are combined. Council Member Strong commented that the idea behind the proponents of the Aquarium that it be listed separately is so that they can get a clear opinion from the voters as to whether or not this City will support the aquarium and that this is important to them. Council Member Pruet noted that combining the two projects does have the economic development umbrella; he does not know whether having them together will attract additional votes to either; and that he would hate to see either one of them hurt by their being combined. He expressed the opinion that there is a strong need to insure that the entire $111 million bond program is approved; he understands that there is a legal opinion in Texas prohibiting the single proposition; and that he would vote with the recommendation of the bond counsel. Mayor Jones stated that he would prefer to see the aquarium and the mercado listed as separate items but that the argument is that if the two are not combined, the mercado will not be approved. He stated that he had talked to Mr. Dorn with the Aquarium Association; Mr. Dorn had indicated that he would prefer to see this listed separately; but had stated that he would be guided by whatever the Council felt should be done. Mayor Jones stated that he, personally, would have no problem with combining the two items. Council Member Guerrero stated that he would prefer that they be combined. A motion was made by Council Member Guerrero that the aquarium and the mercado be combined, seconded by Council Member Guerrero. Council Member McComb stated that he believed that the bond counsel had provided them with their best opinion. He stated that he had a problem if this Council cannot support the issues that were presented to the people. Mr. McComb stated that it has been presented as an inducement opportunity for that area but if there is a fear of failure on the part of the Council, that totally defeats the purpose of trying to be upfront with the people. He expressed the opinion that there should be nine of them out their selling the entire bond program. Mayor Pro Tem Best agreed with Council Member McComb. He expressed the opinion that he did not see that the mercado is any more in jeopardy than the aquarium project. He stated that the reason that the Association would prefer to have this listed separately is because they want to get the feeling of the community; he stated that he felt that if each one of them is strong enough, they will pass; and expressed the opinion that he felt the Council should give the people an equal opportunity to vote for them. Minutes Regular Council Meeting February 18, 1986 Page 23 Council Member Berlanga expressed the opinion that these projects will fail if they are not combined. He stated that they should be joined together to reinforce their efforts. Hal George, City Attorney, reiterated that the bond counsel is not saying that they have to be listed separately. He stated that that was his recommendation but that he has no problem with combining them. Council Member Mendez stated that by combining the provide the Council with an opportunity to deal with community together. Mayor Jones called for the vote on the motion and follows: Jones, Guerrero, and Mendez voting, "Aye"; Best, and Strong voting, "no"; Berlanga, abstained. two issues, it would issues to bring the it failed to pass as McComb. Pruet, Slavik Mayor Jones called for the vote on the motion previously made by Dr. Best that nine propositions be listed on the ballot and it passed as follows: Jones, Best, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Berlanga, "no". A motion was made by Council Member McComb that the Council commit themselves 110% to promote the entire bond program; seconded by Council Member Mendez and passed unanimously. Council Member Strong then referred to the Capital Improvement Program Book, Page 17, Item 1(a) regarding Padre Island Drive — West Point Road to Agnes St. and Oso Bridges through Flour Bluff, and stated that she would like for this item to include any issues that might become priority issues with the State in the area along Padre Island Drive. Assistant City Manager Lontos stated that the Staff had no objection to this. City Attorney George stated that he would like to clarify that on Proposition 116, that land acquisition, parks and landscaping be included. Mayor Jones called for consideration of Action by Ordinances from the Regular Agenda. A motion was made by Council Member Pruet that the Charter Rule be suspended and the ordinance passed on an emergency, seconded by Mayor Pro Tem Best and passed unanimously. Minutes Regular Council Meeting February 18, 1986 Page 24 Mayor Jones called for comments from the audience on the ordinances; there were none; City Secretary Chapa polled the Council for their vote and the ordinances passed as follows: 20. ORDINANCE NO. 19193: AN ORDINANCE CALLING FOR AND ORDERING AN ELECTION FOR APRIL 5, 1986, ON THE QUESTION OF THE ISSUANCE OF BONDS. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 21. ORDINANCE NO. 19193: ORDERING THAT THE BOND ELECTION CALLED BY ORDINANCE THIS DATE BE HELD ON APRIL 5, 1986, JOINTLY WITH THE CORPUS CHRISTI JUNIOR COLLEGE DISTRICT REGENTS ELECTION, THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT TRUSTEES ELECTION (SINGLE MEMBER DISTRICTS I, III, AND IV) AND THE WEST OSO INDEPENDENT SCHOOL DISTRICT TRUSTEES ELECTION; 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 inquired of the Staff as to how soon the Council could be provided with an abbreviated type of information so that it can be used during their public appearances. Ms. Becky Gadell, Information Services, stated that she would have an abbreviated version put together by Friday and that a Speakers' Bureau will also be established. Assistant City Manager Lontos stated that the Staff will be available to assist the Council with their speeches and any other assistance they may require. Mayor Jones stated that Mr. Jon Bonilla and Sarah Graham have committed their group for support of the passage of the bond program. There being no further business to discuss, on motion by Council Member Strong, seconded by Council Member Pruet, and passed unanimously, the Regular Council Meeting of February 18, 1986 was adjourned at 10:25 p.m. * * * * * * * * * * RR !inutes <egular Council Meeting February 18, 1986 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 18, 1986. WITNESSETH MY HAND AND SEAL, this the f�\ dayof tko1C)e 1986. Armando Chapa, City Secretary City of Corpus Christi, Texas