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HomeMy WebLinkAboutMinutes City Council - 02/25/1986MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 25, 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 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 Reverend B. L. Robertsons of Church of God in Christ, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Bill Pruet. 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 Leo Guerrero that the Minutes of the Special Council Meeting of February 17, 1986 and the Regular Council Meeting of February 18, 1986 be approved; seconded by Council Member Frank Mendez; and passed unanimously. * * * * * * * * * * Mayor Jones presented a retirement plaque to the following employee: Name James W. Thompson, Jr. Department Years of Service Police 32 MICROFILMED antes ..egular Council Meeting February 25, 1986 Page 2 Mayor Jones announced a presentation by Mr. Luis Munoz of KUNO Radio. Mr. Munoz thanked the Council for allowing them to make a presentation at this time. He introduced Mr. Richard Elizondo, a promoter for one of the professional baseball teams that will be coming into Corpus Christi. Mr. Elizondo then formally invited the Council to attend a professional baseball game to be played at Cabaniss Field at 7:30 p.m. that night. He stated that the "Tecolotes" professional baseball team from the Dos Laredos would play the Laredo Junior College; this would be sponsored by KUNO Radio and Coca-Cola Bottling Company; and stated that proceeds go towards the Boys' Club. Mr. Elizondo further stated that they have plans to bring professional baseball to the City of Corpus Christi and urged that the Council support them in their program. * * * * * * * * * Mayor Jones called for action of the Council from the Workshop Session and explained that a motion was made to reconsider combining into one bond proposition the Mercado and Aquarium projects. He stated that since this proposition had already been voted on to list them separately, the motion would have to be made by someone who had voted against this issue previously, and that a 2/3 majority vote, or six votes, is required to pass the following motion: 1. Motion to reconsider the Ordinance passed on February 18, 1986 calling for and ordering an election for April 5, 1986 on the issuance of bonds, for the purpose of amending the ordinance to combine propositions 4 (aquarium) and 6 (mercado) into a single proposition and to renumber the propositions accordingly. A motion was made by Council Member Pruet that the foregoing item be approved, seconded by Council Member Mendez. Mayor Jones then called for discussion on the motion. Mayor Pro Tem Best reminded the Council of the 5 to 3 vote to have these two issues listed separately on the ballot; the reason that the Aquarium Association would prefer that the aquarium 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 stated that the Mercado should be allowed to stand on its own. He reminded the Council of the letter received from the Bond Counsel expressing concern in combining the two because of the singleness of purpose issue. Mayor Pro Tem Best expressed the opinion that for these reasons, both projects should be listed separately. autes _.egular Council Meeting February 25, 1986 Page 3 Council Member Slavik stated that her position is with public perception. She stated that she had received thirty-six calls, none of whom want to see these projects combined. She stated that there were several groups that had indicated they would support the aquarium before but would no longer do so if it is combined. She reiterated the bond counsel's concern; indicated that she would not support the motion; and urged that the Council not combine the two projects in the proposition. Council Member Berlanga expressed the opinion that it is in the best interest of the community that these two projects be combined; expressed the opinion that it is more of a political stand to not combine the two; and indicated that he would support the motion. Council Member Pruet noted that the bond counsel's concern is basically with the issue of the singleness of purpose. He expressed the opinion that both projects are significantly economic development projects; both are potential tourist attractions; they are both redevelopment efforts in targeted blighted areas; both of them will be taking advantage of this City's waterfront and Hispanic Culture; and that either one of these four points could satisfy the singleness of purpose. He stated that he hoped that if this satisfies the singleness of purpose issue and that once the vote is taken today, that the Council, media and the public could see the relative insignificance of the aspect of the $5 million project to the successful passage of the $111 million Capital Improvement Project. He further stated this is badly needed and it is not his intent to create any divisiveness among the Council. He summarized by stating that he would appreciate the Council's reconsideration and move forward with a strong stand to work for passage of the bond program. Council Member Mendez concurred with Council Member Pruet, adding that either one of the points mentioned by Mr. Pruet could satisfy the singleness of purpose concern of the bond counsel. He clarified that the mercado is not a flea market type of project; expressed the opinion that this City needs to make efforts for this type of concept in this City; and further expressed the opinion that this issue can bring the community together and will not be an issue that will create divisiveness. He noted that the question is whether it meets the criteria of singleness of purpose, adding that he believed that it did. Mayor Jones stated that he felt that this is a political decision that needs to be settled today; expressed the opinion that this issue would unite the community; that regardless of how this is placed on the ballot, the voters will have the final say so; he believed it will be a better and stronger community; and would support the motion. Mayor Jones called for comments from the audience. nutes _.egular Council Meeting February 25, 1986 Page 4 Mr. Oscar Flores, President of the Westside Business Association, read from a prepared statement. He stated that the Westside Business Association is for the betterment of the entire community; their aim and desire is not to divide the community; and that they will support the entire bond program 100%. He stated that the Mercado will be a tremendous tourist attraction and will add to the development of a blighted area and that the aquarium will be an asset and will create enhancement of our great City. He urged that the Council support the combining of the two projects on one proposition. Mr. Guadalupe Valdez, a member of the Park and Recreation Board, spoke in support of Mr. Flores' statement and stated that he would support the total $111 million bond package regardless of the Council's decision. Mr. Carlos Moreno, 206 Dolphin, spoke in support of combining the two projects. He expressed the opinion that if these two projects are combined, it will increase the opportunity for passage. He urged that the Council vote favorably in this respect. Council Member Slavik reiterated her concerns and urged that the Council consider listing them separately. Council Member Strong stated that the Aquarium Association had recommended to the Council that it be added to the package as a separate issue. She stated that in the final public hearings, the Council received a proposal for a mercado; both issues are extremely important for economic development issues; she has looked at both pros and cons; and that her deciding factor was due to the bond counsel's concern. She expressed the opinion that this should not be placed in a position in that it might hinder the entire bond program. Council Member Guerrero expressed appreciation in regard to Mr. Pruet's attitude and indicated that he would support the motion. Council Member Pruet asked for comments from City Attorney Hal George on his interpretation of the issues addressed by the bond counsel. City Attorney George stated that he shared the bond counsel's concern. He stated that under the City Charter, it is the City Attorney's position to approve all ordinances; the ordinance amendment will be approved by the City Legal Department; and that the Legal Department will support any ordinance that the Council approves. He stated that the singleness of purpose issue is not violated by the area in which Council Members Pruet and Mendez mentioned and expressed the opinion that under these points, the City could win any challenge if contested. Council Member McComb expressed the opinion that passage of the propositions are more important than either combining the two issues or listing them separately. He stated that he is not yet convinced that a division in the community exists; he expressed the opinion that this is a tremendous opportunity nut es ..egular Council Meeting February 25, 1986 Page 5 for the Council to work hard on these issues and disspell this rumor; expressed the opinion that this community is together; and stated that he would make every effort for the passage of the entire $111 million whether there are eight or nine propositions listed on the ballot. He urged that once this is resolved today, all of the Council Members commit themselves to work together for passage of the entire bond program. Council Member Berlanga inquired of City Attorney George about the Attorney General's opinion on combining the two issues, and City Attorney George stated that he has not received one but that he has heard from Speaker Pro Tem Hugo Berlanga that he had obtained an oral opinion that combining the two issues would not violate the singleness of purpose. Mayor Jones then called for the vote on the motion and it failed to pass as follows: Jones, Berlanga, Guerrero, Mendez and Pruet voting, "Aye"; Best, McComb, Slavik and Strong voting, "No". Assistant City Attorney Jay Doegey stated that the Staff would make the necessary changes on the resolution supporting the passage of the entire proposed Capital Improvements Bond Program for the April 5 Election and that this could be voted upon later during the meeting. * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Motions, items 1 through 20. 1. Approving specifications and authorizing bids be received for microfilm readers, reader/printers, and audio visual equipment for the Central Library. Estimated expenditure is $60,000. Council Member Strong mentioned that it is important that the Council be informed that the City is managing the funds but that the funds were actually raised by the Library Board and the Friends of the Library Board, adding that the City owes a debt of gratitude to them. 2. Approval of specifications and authorization to receive bids for twenty double -head and ten single -head parking meters for the Traffic Engineering Division. These items are included in the 1985-86 Budget. The estimated total expenditure is $10,000. 3. Approving specifications and authorizing bids be received for an annual supply contract for approximately 10,600 ft. of ductile iron pipe (size 4" - 24"); 400 ft. of ductile iron pipe (size 30" - 48"); and 45,000 ft. of polyvinyl chloride pipe (size 6" - 12"). The term of the contract 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. This pipe will be used by the Water Division. Estimated annual expenditure is $236,000. lutes _.egular Council Meeting February 25, 1986 Page 6 4. Approving specifications and authorizing bids be received for custodial services for Tax, Finance, Data Processing, Animal Control, Land Acquisition, Flour Bluff Clinic/Library/Utility Offices, Water Division, Traffic Engineering, and Williams Drive Clinic. The term of this agreement will be for 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. The estimated annual expenditure is $25,000. The funds will be charged to the using Departments respectively. 5. Approving the purchase of four reactor drums for Ralph B. Carter Company, based on sole source, for the total amount of $14,400. These items are replacement drums for belt presses in Broadway Wastewater Treatment Plant. The drums are used to blend polymers with the sludge in order to separate the liquids from the solids. This item is included in the 1985-86 Wastewater Budget. 6. Approving the purchase of sixteen complete self contained breathing units and seventeen spare air cylinders from Casco Industries based on low bid, for a total expenditure of $25,562. These items are used by the Fire Department to provide an air supply for fire fighters while in areas where hazardous fumes may exist. Seven bid invitations were issued and four bids were received. Unit prices are $36 less than paid in January, 1985. This item is included in the 1985-86 Fire Department Budget. 7. Approving the purchase of a propane engine forklift from Forklifts Unlimited, Inc., based on low bid, for $12,448. This unit is to be used by the City Warehouse. Fifteen bid invitations were issued and eight bids were received. This item is included in the 1985-86 Budget. 8. Approving the purchase of one modular prisoner transport unit (paddy wagon) from Mavron, Inc., based on low bid meeting specifications, for the amount of $38,924.03. This unit will be used by the Police Department. Three bid invitations were issued and two bids were received. This item will be purchased with 1985-86 Revenue Sharing Funds. 9. Approving a supply agreement for portable chemical toilet service with Skid -O -Kan based on low bid for an estimated annual expenditure of $18,666. The term for the agreement will be twelve months, with an option to extend for an additional twelve months, subject to the approval of the supplier and the City Manager or his designee. This service is used by Park and Recreation, Water, Gas, and Sanitation. Three bid invitations were issued and two bids were received. Funds are available in the departments of Park and Recreation, Water, Gas and Sanitation, 1985-86 Budget. 10. Approval of award to Motorola Communications and Electronics, Inc. for microwave equipment for Radio Maintenance's microwave system, based on sole source, for the amount of $44,897. Funds are available in the Radio Maintenance inventory account. flutes ..egular Council Meeting February 25, 1986 Page 7 11. Approving plans and specifications and authorizing the receipt of bids on March 25, 1986, for Hialco Center Improvements. This is a 10th Year Community Development Block Grant project, and the proposed improvements include the furnishing and installation of an elevator to provide handicap accessibility to the second floor of the building and minor lighting and restroom repairs. 12. Approving plans and specifications and authorizing the receipt of bids on March 17, 1986, for flooring improvements at the Lindale and West Guth Community Centers. The work proposed in this 1985-86 Revenue Sharing project consists of installing a two-ply plywood deck and a non -slip vinyl surface over portions of the existing floors at these community centers for the purpose of providing a more resilient and adaptable floor surface for exercise programs. Council Member Berlanga inquired why it has taken so long to repair the floors at these centers if the money has been appropriated for a long time, and Assistant City Manager Utter explained that this is a 1985-86 Revenue Sharing Budget project; he does not know how long this would take; but that the departments were moving pretty rapidly. 13. Approving plans and specifications and authorizing the receipt of bids on March 25, 1986, for the reconstruction of McArdle Road from Crescent Drive to Nile Drive. This is a 1982 Street Bond project, and improvements proposed for this section of McArdle include the construction of a 48 -foot wide pavement section with curb and gutter, sidewalks, concrete driveways, and an underground storm sewer system. 14. Awarding a contract in the amount of $19,900 to Corpus Christi Transfer Company for the purpose of moving books, furniture and other equipment from the La Retama Library to the new Central Public Library. Under the present timetable, the move should occur sometime between mid-April and mid-May of this year. Previously appropriated funds are available from the Library Bond Fund for this contract award. Council Member McComb mentioned for the record that he had nothing to do with the plans for this particular project and stated that he felt the City obtained a good price. 15. Authorizing acquisition of a parcel of land from Mr. and Mrs. Joe Vasquez for $400. This is Parcel No. 5 required for the McArdle Road Street Improvements project. 16. Authorizing acquisition of a parcel of land 08) located between Leopard Street and Princess Drive at a cost of $6,100 for the Turkey Creek Drainage Improvements Project. antes _.egular Council Meeting February 25, 1986 Page 8 17. Authorizing acquisition of a parcel of land (#14) located between Leopard Street and Dwyer Drive at a cost of $3,950 for the Turkey Creek Drainage Improvements project. 18. Authorizing acquisition of a utility easement located on Yorktown Boulevard between S. Staples Street and Cimmaron Road at a cost of $2,000 for the Kings Crossings Subdivision project. 19. Scheduling a public hearing for March 18, 1986, on the closure request of two portions of right-of-way in Sharpsburg Road comprising 0.83 acres. This request is being made as a result of plans by the State Department of Highways and Public Transportation to widen the existing I.H. 37 to interstate standards in the Calallen Area, which involves the relocation of the Missouri Pacific Railroad at Sharpsburg Road. The State would provide additional right-of-way to offset the right-of-way being closed and would physically relocate Sharpsburg Road coincidental with other major highway work. 20. Authorizing the City Manager to appoint the firm of Arthur J. Gallagher and Co. as exclusive broker of record to obtain surplus and excess lines coverages and specialty coverages for the City self-insurance program on an annually renewable basis and to also obtain claims administration services, loss control consulting and data management as a part of the proposal. There were no comments from the audience on the was made by Council Member Mendez that the consent approved; seconded by Council Member Slavik; and Best, Berlanga, McComb, Mendez, Pruet and Slavik Strong, absent at the time the vote was taken. p vo consent motions; a motion motions, 1 through 20 be assed as follows: Jones, ting, "Aye"; Guerrero and * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances, items 21 through 31b. Council Member Slavik referred to Ordinance No. 23 which pertains to the acquisition of a parcel of land on North Mesquite Street between Fitzgerald and Resaca Streets for the Bayfront Science Park Expansion Project and inquired about the amount of money in the bond fund after this purchase. Acting City Manager Briones stated that he did not know at this time would provide a report at a later date. Council Member No. 28 in regard to utility easement in but Pruet stated that he would abstain from voting on Ordinance the closing and abandoning 2.55 square feet of a 5 -foot wide Lot 21, Block 6, Inverness Subdivision Unit B. nutes ..egular Council Meeting February 25, 1986 Page 9 Council Member Mendez referred to Ordinance No. 29, amending the Zoning Ordinance upon application of Kaffie Brothers from "A-2" Apartment House District to "I-2" Light Industrial District and asked that the Staff display the transparency. He stated that during the public hearing the previous week, he had a made a motion which was seconded by Council Member Slavik to deny the "I-2" zoning but in lieu thereof, that a special permit be granted. He stated his reason was because he felt that no additional "I-2" zoning should be granted for that area. The transparency was displayed at Mr. Mendez' request; background information was provided; and Assistant City Manager Utter noted that he has received a letter from Mr. Kaffie in regard to his commitment on the landscaping along Agnes Street near 17th Street. There were no comments from the audience on the ordinances; City Secretary Chapa polled the Council for their vote; and the following were approved: 21. RESOLUTION NO. 19196: ESTABLISHING AN INTERGOVERNMENTAL COMMISSION ON DRUG AND ALCOHOL ABUSE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 22. ORDINANCE NO. 19197: APPROPRIATING $55,614.28 TO SUPPLEMENT $138,725.70 REMAINING FROM EXISTING CONTINGENCY APPROPRIATIONS TO VARIOUS PROJECTS AS SHOWN ON THE TABULATION MARKED EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING A REIMBURSEMENT OF $194,339.98 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES PROVIDED DURING NOVEMBER AND DECEMBER, 1985; AND JANUARY, 1986 (SECOND QUARTER, 1985-86); 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". 23. ORDINANCE NO. 19198: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL NO. 2 IN CONNECTION WITH THE BAYFRONT SCIENCE PARK EXPANSION PROJECT; APPROPRIATING $70,665.00; 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". nutes _.egular Council Meeting February 25, 1986 Page 10 24. ORDINANCE NO. 19199: APPROVING THE APPLICATION AND AUTHORIZING THE CITY MANAGER TO REIMBURSE GRAND VIEW, INC., OWNER AND DEVELOPER OF GRAND VIEW MOBILE HOME SUBDIVISION, FOR THE INSTALLATION OF APPROXIMATELY 490 LINEAR FEET OF 24" DIAMETER SANITARY SEWER TRUNK LINE; APPROPRIATING $98,683.28; 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". 25. ORDINANCE NO. 19200: CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: OCEAN DRIVE, EAST SIDE ONLY, FROM THE ACCESS ROAD AT COLE PARK TO THE EMERALD BEACH HOLIDAY INN ENTRANCE AT BUFORD STREET; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; 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". 26. ORDINANCE NO. 19201: AUTHORIZING THE EXECUTION OF A CONTRACT WITH A. ORTIZ CONSTRUCTION AND PAVING, INC. 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; APPROPRIATING $104,300; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 27. ORDINANCE NO. 19202: CLOSING AND ABANDONING APPROXIMATELY 106 SQUARE FEET OF THE 20 -FOOT WIDE DRAINAGE EASEMENT OUT OF LOT 18-A, BLOCK 3, JACKSON WOODS, UNIT 2 SUBDIVISION, SUBJECT TO THE PROVISIONS LISTED BELOW; 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". Butes _.egular Council Meeting February 25, 1986 Page 11 28. ORDINANCE NO. 19203: CLOSING AND ABANDONING A 5 -FOOT WIDE UTILITY EASEMENT IN LOT 21, BLOCK 6, INVERNESS UNIT B, SUBJECT TO THE PROVISIONS LISTED BELOW; 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, "abstaining". 29. ORDINANCE NO. 19204: AMENDING THE ZONING ORDINANCE UPON APPLICATION CHANGING THE ZONING MAP IN REFERENCE TO 1/2 OF LOT BLOCK 9; LOTS 8, 9, 10, AND 1/2 OF LOT 11, BLOCK 8 FROM "A-2" APARTMENT HOUSE DISTRICT TO "I-2" LIGHT DECLARING AN EMERGENCY. OF KAFFIE BROTHERS BY 4, AND LOTS 5, 6, AND 7, , HOME PLACE SUBDIVISION INDUSTRIAL DISTRICT; AND The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, Guerrero, McComb, Pruet, Slavik and Strong voting, Mendez voting, "No". 30. ORDINANCE NO. 19205: Jones, "Aye"; ESTABLISHING THE COMMISSION ON LITERACY AND PROVIDING FOR INITIAL APPOINTMENT OF MEMBERS TO PROMOTE LITERACY IN THE COMMUNITY; APPROPRIATING $2,000.00; 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". 31. FIRST READING: CLOSING AND ABANDONING THE PORTION OF 50 -FOOT WIDE 17TH STREET FROM THE SOUTH RIGHT-OF-WAY OF AGNES STREET TO THE NORTH RIGHT-OF-WAY OF MARGUERITE STREET; AND CLOSING AND ABANDONING THE 10 -FOOT WIDE ALLEY IN BLOCK 8, HOME PLACE ADDITION; SUBJECT TO CONDITIONS SET FORTH HEREIN; PROVIDING FOR SEVERANCE. The ordinance was read for the first time and passed to second reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 31a. THIRD READING - ORDINANCE NO. 19206: AMENDING CHAPTER 57, VEHICLES FOR HIRE, BY AMENDING ARTICLE IIIA, LIMOUSINE AND SIGHTSEEING SERVICE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. nutes ..egular Council Meeting February 25, 1986 Page 12 The ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 31b. THIRD READING - ORDINANCE NO. 19207: 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 third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". * * * * * * * * * * * * * * Mayor Jones called for Action by Motion from the Regular Agenda. 32. Cancelling Motion M85-0426 passed on September 24, 1985, and withdrawing an offer to contract with KW Group, Inc., for marketing and distribution of official Sesquicentennial promotional and commemorative items. KW Group, Inc., has failed to accept or perform under the contract. A motion was made by Council Member Guerrero that the foregoing item be approved; seconded by Council Member McComb. Mayor Jones called for comments from the audience and there were none. Mayor Jones then called for the vote on the motion and it passed unanimously. * * * * * * * * * * * * Mayor Jones called for consideration of the ordinances from the Regular Agenda. Mr. Raymond E. Gregg, 3602 Lamont, referred to Ordinance No. 33 approving a budget for the Sesquicentennial Committee in the amount of $46,605 and objected to appropriating taxpayers' money to finance the local celebration of the Texas Sesquicentennial and to Dr. Hector Garcia being the keynote speaker for this celebration. Mayor Jones recognized Ms. Linda Norris, Chairman of the Sesquicentennial Committee, who was present in the audience. nutes _.egular Council Meeting February 25, 1986 Page 13 Ms. Norris stated that the Committee is looking forward to having the parade on Saturday, March 1st starting at 7:00 p.m.; Dr. Hector Garcia will be the Grand Marshall; a special ribbon cutting ceremony will be conducted at Gregg -Sherrill Park; and there will be entertainment followed by a fireworks display. She urged that the Council participate in the activities. There were no further comments from the audience; City Secretary Chapa polled the Council for their vote; and the following were approved: 33. ORDINANCE NO. 19208: APPROVING A BUDGET FOR THE SESQUICENTENNIAL COMMITTEE; TRANSFERRING FUNDS INTO THE COMMUNITY SERVICES ACTIVITY; 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". 34. ORDINANCE NO. 19209: RATIFYING AND APPROVING SELECTION BY THE STEERING COMMITTEE OF CONSULTANTS AND DON R. BUTLER AS LEGAL COUNSEL; AND AUTHORIZING SAID LEGAL COUNSEL TO INTERVENE ON BEHALF OF THE CITY BEFORE THE PUBLIC UTILITY COMMISSION IN DOCKET NO. 6668 AND TO INTERVENE ON BEHALF OF THE CITY IN THE APPEAL OF PUBLIC UTILITY COMMISSION DOCKET NO. 6072 IN THE DISTRICT COURT OF TRAVIS COUNTY; 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". 35. FIRST READING: AMENDING THE CITY CODE, CHAPTER 53, SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the first time and passed to second reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". * * * * * * * * * * * * Acting City Manager Briones informed the Council that the resolution committing the members of the City Council to vigorously support the passage of the entire proposed Capital Improvement Bond Program at the Election on April 5, 1986 had been corrected and was before them for consideration. nutes _.egular Council Meeting February 25, 1986 Page 14 Mayor Jones called for comments from the audience on the resolution and there were none. City Secretary Chapa polled the Council for their vote and the resolution passed as follows: RESOLUTION NO. 19195: COMMITTING THE MEMBERS OF THE CITY COUNCIL TO VIGOROUSLY SUPPORT THE PASSAGE OF THE ENTIRE PROPOSED CAPITAL IMPROVEMENTS BOND PROGRAM AT THE ELECTION ON APRIL 5, 1986; 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 announced the public hearing on the following: 36. Considering the extension of Mustang Trail pertaining to the proposed use of a portion of Mount Vernon and Lions Parks and other areas to determine and fix a route for the opening of Mustang Trail from South Staples to South Padre Island Drive. Acting City Manager Briones provided background information on the sequence of events that had taken place in regard to this item. He stated that the Staff now has a number of options to be considered for the extension of Mustang Trail; that this is a public hearing; and that during the Capital Improvement Bond Program public hearing, funds in the amount of $200,000 which were designated in the 1982 Bond Program for Mustang Trail were allocated to supplement the Neighborhood Street Improvement Project. He then called on City Staff to conduct the presentation. Mr. Gerald Smith, City Engineer, displayed a transparency of the area involved and stated that one of the reasons for the public hearing is that the City Charter requires that a public hearing be conducted for a street closing and for street openings. He stated that appropriate notices were mailed to property owners in the area; a public hearing was held on September 24, 1985 in which the Staff was asked to look at the project; and that the City Staff has reviewed several methods of extending Mustang Trail across South Staples Street. Mr. Smith referred to a transparency and explained that Alternative No. 2 involves the extension in a rather straight direction through Lions Park, bisecting Mount Vernon Park, and tying directly with Holmes at South Padre Island Drive. Mr. Smith stated that this alternate is the best from the traffic standpoint, as it provides a straighter connection, but id does require more park land to accomplish. He further stated that the Park Board has reviewed both alternatives and they approved and recommended Alternate No. 2 with the nutes _.egular Council Meeting February 25, 1986 Page 15 following conditions: (1) that $200,000 from this project be contributed for enhancement of the remaining park land; (2) that ultimately the street be extended in a rather straight direction to South Padre Island Drive, requiring the relocation of Holmes Drive eastwards; and (3) that ultimately a grade separation be constructed at Padre Island Drive. Mr. Smith then referred to another transparency and explained that Alternative No. 1 involves the use of a small portion of Lions Park and ties directly into Holmes Drive, which at the present time is a residential street. He stated that by making the extension in this fashion, only a minimal use of the park is required; that a 10 -foot strip from this park along Holmes Drive will be needed for the widening and the installation of a sidewalk up to McArdle; and that should the City at a later date desire that Mustang Trail be extended beyond Padre Island Drive, it is possible that the same configuration can be utilized along Mt. Vernon Park, but a small portion of Mt. Vernon Park, near Mt. Vernon Drive, will be required to make the tie-in to Holmes Drive. Mr. Smith noted that both alternatives require the acquisition of the Guy Watts Property; the property has been offered to the City at a reasonable price; and a good opportunity to acquire the land is now available to the City. Mr. Smith pointed out that $350,000 was allocated for this project in the 1982 Bond Program for right-of-way acquisition only; the construction of Mustang Trail from South Staples to McArdle is recommended by the Steering Committee but that bond funds were deleted by the Council at the last meeting so none is allocated for the extension at this time. He summarized by stating that this project has been presented to the City Council because of concerns of traffic in the area. Tom Stewart, Director of Transportation, stated that an impact analysis of the traffic was conducted and it had indicated areas in which approaches to intersections which will not have a free flow. Transparencies were displayed with projected traffic patterns. Mr. Stewart informed the Council that the Staff had met with the State Department of Highways and Public Transportation in 1982 and had asked that an expressway overpass be constructed to link Mustang Trail to streets south of Padre Island Drive. Council Member Strong stated that it is her understanding that the State Highway Department is not interested in funding the overpass and that it will be constructed strictly at the City's expense. Mr. Stewart explained that it is obviously not needed now but that the Staff needs to make plans for the future; these are projects that need study to measure what is happening so that the Staff can be ready to proceed when it is needed. Council Member Slavik inquired about why this project was not done earlier than 1980, and Mr. Stewart explained that the City needs to really see a trend developing before they can project anything. Mr. Stewart further stated that the Staff strongly feels the extension of Mustang Trail is essential; it is a street which will be needed to provide traffic circulation from McArdle to South Staples to connect to Padre Island Drive around the commercial areas; and that changes have occurred since the study was made. nutes agular Council Meeting February 25, 1986 Page 16 Council Member Slavik asked that Park Board Members be asked to speak at this time. Mr. Charles Blum, Chairman of the Park Board, stated that the reason for their acceptance of Alternative No. 2 was based on the condition that the project contribute $200,000 for enhancement to the remaining park land, otherwise they could not endorse it. Mayor Pro Tem Best noted that there is no money available for the project since the Council voted during the Capital Improvement Bond Program public hearing to delete the funds designated for this project, and Mr. Smith explained that the funds that were deleted were the construction money for the extension from Staples to McArdle Streets. Mayor Pro Tem Best then asked about the Council's decision at this time, and Mr. Smith replied that the Staff is informing the Council that there are two viable routes; either route will serve the function to relieve traffic; the difference is not significant; and that the remaining construction is the same. He stated that there is still $350,000 available which would probably cover the acquisition costs. Bruce Aycock, City Attorney, pointed out to Mr. Smith the Park Board recommendation that the project contribute the $200,000 for enhancement of the remaining park land. Mayor Pro Tem Best expressed the opinion that he thought the project had been "killed" when the Council voted to designate the $200,000 for the Neighborhood Street Improvement projects, and Mr. Smith explained that funds are presently available for right-of-way acquisition; the City does not have the money to buy the Watts property or the property directly behind it; and that if Alternative 2 is used, the land could be sold back to the property owners and used for right-of-way. Mr. Smith then asked that the Council select a route for this project and determine that this project be constructed. Council Member Strong stated that the Council has heard a presentation, and the opinion of the Blanche Moore foundation is that an overpass will destroy the extension of that total development. She objected to the justification for the road going to down Staples and McArdle Road, adding that a lot of people are unhappy about the street running through to Ring High School. Council Member Mendez concurred with Council Member Strong's statement that the Highway Department has been cool about funding an overpass for the City. He stated that in the plan to extend Mustang Trail to South Padre Island Drive, the City needs to look at something else to help with the traffic at the intersection of McArdle and South Staples Street. Mr. Mendez indicated that he would be opposed to the extension of Mustang Trail because his impression was that the Council had eliminated the project altogether. nes pular Council Meeting February 25, 1986 Page 17 Acting City Manager Briones explained that this goes back to the 1980's and possibly earlier than that. He stated that this connection is part of the approved Master Plan; the previous Councils have approved this connection; and that in 1982, the voters approved the acquisition. He stated that this hearing is to determine if the project is desirable and if not, the City needs to discontinue plans for the project. Council Member McComb suggested that Mr. Roy Smith, Mall owner, trade off that strip of land which he owns behind the Methodist Church with the right-of-way and that a left -turn proposed for Mustang Trail be eliminated. He expressed the opinion that this may solve the problem. Mr. Roy Smith, Padre -Staples Mall owner, stated that he did not support either alternative. He expressed the opinion that the street is not needed at this particular time. He stated that Everhart and Staples are the two busiest streets in South Corpus Christi and there needs to be some relief for these streets. He stated that Mustang Trail runs all the way to King High School and would take a terrific load off Staples and Everhart Streets. Mr. Smith stated that he would work with the City and suggested another alternative to have the street run adjacent to the commercial area. Council Member McComb inquired of Mr. Smith if he would be interested in trading with the City the private road behind the church for a 60 -foot easement to allow for future development, and Mr. Smith indicated that he would need to study this further. Assistant City Attorney Jay Doegey pointed out to the Council the legal requirements for the Council to determine its findings. He stated that State Law requires that any municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park, recreation area, scientific area, wildlife refuge, or historic site, unless the municipality, acting through its duly authorized governing body or officer, determines that: (1) there is no feasible and prudent alternative to the use or taking of such land; and (2) that the program or project includes all reasonable planning to minimize harm to the land, as a park, recreation area, scientific area, wildlife refuge, or historic site, resulting from the use or taking. Council Member Slavik inquired if the Legal Staff has considered the second option as a feasible alternative even though it would require less park land, and Assistant City Attorney Doegey explained that the Council still needs to make a finding if it entails land that is presently used for park land in order to go ahead with the project. Further discussion followed. A motion was made by Council Member Slavik that the Council cancel the reconsideration of the extension of Mustang Trail, seconded by Council Member Strong. rtes 6ular Council Meeting February 25, 1986 Page 18 Mrs. Sandy Watts, property owner, urged that the Council continue with the commitment to extend Mustang Trail. She objected to the motion because it will only delay the project. Mrs. Watts provided information on their property and how it was acquired. She stated that they have missed several opportunities to lease the property and plans to sell have terminated because of several proposals to extend Mustang Trail. She stated that she would like a definition of "at this time" because they have been financially affected by the delays. She stated that she could live with a five-year plan but cannot live with the "at this time". She asked that the Council determine that there is a need for this project and if not, to cancel the project. She urged that the Council consider the extension; they are willing to sell the property to the city; and stated that there are funds available for the acquisition of their property. Mr. W. A. Enderle, 5132 Bevly Drive, stated that his property is directly behind the Watts property; he objects to having to sell their home; he does not support the project; and feels this would only create an access to another "bottleneck." There were no further comments from the audience. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Slavik and passed unanimously. Council Member McComb inquired if action taken today would preclude the negotiating between Mr. Smith and the City on the trade-off property, and Mayor Jones assured Mr. McComb that it would not. Mayor Jones then called for the vote on the motion to cancel the reconsideration of the extension of Mustang Trail and it passed unanimously. A motion was made by Council Member McComb that the Council be instructed to work with Mr. Smith to negotiate trade-off on the property and consider the elimination of a left -turn proposed for Mustang Trail, seconded by Council Member Pruet, and passed unanimously. Mayor Jones called for petitions from the audience on matters not listed on the agenda. Mrs. Henrietta Newberry, 606 Chase, invited the Council Members to attend a concert and asked that they encourage their friends and neighbors to attend. Council Member McComb reminded the Council of their invitation from former Council Member Jack Dumphy to attend a continental breakfast on Tuesday, March 4, 1986 at 7:30 a.m. at the Sheraton -Marina. He stated that the breakfast will be sponsored by the Governmental Affairs Committee of the Homebuilders; representatives of AGC and Board of Realtors will be invited and the media is welcome. autes ,.egular Council Meeting February 25, 1986 Page 19 Mayor Jones mentioned that he had a speaking engagement on Friday morning and inquired as to how soon Becky Gadell with Information Services would have a packet ready on the Capital Improvement Bond Program for Council Members to use. Acting City Manager Briones stated he would like to meet with the Council for about 30 minutes to coordinate plans. Council Member Slavik inquired about the Speakers Bureau, and Acting City Manager Briones stated that the Steering Committee would be able to assist the Council Members on this. Council Member Strong stated that Mr. Gene Koch should be contacted to coordinate with the City also as he will be lining up some speakers in regard to the bond program. Mayor Jones suggested that the Staff contact Mr. Koch and ask that he meet with Council Member Strong, Acting City Manager Briones and himself on Wednesday morning at around 11:00 a.m. There being no further business to discuss, on motion by Council Member Mendez, seconded by Council Member Strong and passed unanimously, the Regular Council Meeting of February 25, 1986 was adjourned at 4:45 p.m. * * * * * * * * * * RR 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 25, 1986. WITNESSETH MY HAND AND SEAL, this the IJ-4i\day of INfie. c , 1986. Lu her J.fes, MAYOR Arnfando Chapa, City Secretary City of Corpus Christi, Texas