HomeMy WebLinkAboutMinutes City Council - 04/22/1986PRESENT:
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
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
APRIL 22, 1986
2:00 P.M.
j
Acting City Manager Ernest Briones
City Attorney Hal George
City Secretary Armando Chapa
Mayor Luther Jones called the meeting to order in the Council
City Hall.
Chamber of
The invocation was given by Council Member Pruet, following which the
Pledge of Allegiance to the Flag of the United States was led by Council Member
Slavik.
City Secretary Chapa called the roll and verified that a
Council and the required Charter Officers were present to conduct
A motion was made by Council Member Slavik that the minutes
and Special Council Meetings of April 15, 1986, be approved
seconded by Council Member Slavik; and passed unanimously.
* * * * * * * * * * * * *
quorum of the
the meeting.
of the Regular
as presented;
Mayor Jones announced the bid opening on the following project:
Carpet replacement in the public areas of the Auditorium at the Convention
Center: The recommended replacement carpet is a heavy traffic, low pile,
fire resistant carpet, and a non -slip quarry tile is proposed to be
installed in lieu of carpet in the entrance lobby on the first floor and
the concession area on the third floor.
Assistant City Manager James K. Lontos stated that the Council had
expressed a desire to look at some samples of the carpeting, although after the
MICROFILMED
Minutes
Regular Council Meeting
April 22, 1986
Page 2
bid is awarded, the staff will make a recommendation regarding the specific
color.
*Council Member Strong arrived at 2:11 p.m.
Mr. Edgar Farrera, City Architect, displayed carpet samples and stated that
all of the carpets are composed of the same materials and are of the same
quality.
Mr. Lontos opened and read bids from the following companies: Allison
Carpets, Etc.; BCM Ceramic Tile; Carpet Services, Inc.; Contreras Tile Company;
South Texas Floor Company; Peacock General Contractors; and Gunn Tile Company.
It was noted that several companies did not submit the required bid
security, and Mr. Lontos explained that the Council has the option to reject or
accept irregular bids.
Council Member Slavik noted the discrepancy between the engineer's estimate
and the bids received, and Mr. Lontos stated that he could not explain the
discrepancy until he had talked to some of the contractors.
Mayor Jones stated that the bids would be tabled for 48 hours for tabula-
tion and recommendation pursuant to the requirements of the City Charter.
* * * * * * * * * * * * *
Mayor Jones administered the Oath of Office to Julia Williams, member of
the Citizens Advisory Health Board.
* * * * * * * * * * * * *
Mayor Jones recognized Senator Carlos Truan.
* * * * * * * * * * * * *
Mayor Jones announced the presentation regarding the Oso -Westside
Wastewater Master Plan.
Mr. Lontos stated that a Consultant Selection Committee reviewed
engineering firms and the firm of Brown & Caldwell -Freese & Nichols was selected
to develop a Master Plan for the Wastewater Collection & Treatment for the Oso
System and portions of the Westside System. He stated it was the Council's
desire to look at the City's Master Plan for Wastewater and see if it was
practical to expand the Oso Plant and Westside Plant or build a third plant, and
the consultants were instructed to study alternatives.
Mr. Lontos stated that it was a pleasure to work with the Firm of Brown &
Caldwell -Freese & Nichols, stating that they are highly qualified. He stated
that BC -FN worked with a Public Participation Committee of eight persons
representing the community and a Technical Review Committee consisting of City
staff and members of the consulting firm. He stated that they are recommending
.4inutes
Regular Council Meeting
April 22, 1986
Page 3
the Council accept this plan, not necessarily adopt it, because it will be
submitted to the Planning Commission for review and recommendation to be adopted
as a Master Plan. He stated that the same procedure will be followed for the
Chapman Ranch study.
**Council Member Berlanga arrived at 2:35 p.m.
Mr. Lontos stated that after developing the support data, the firm came up
with six alternatives for meeting future wastewater needs in the Oso, Westside,
and Southside areas follows:
1. Expand Westside and Oso plants; no new plant.
2. Abandon Oso plant, reroute sewage to Westside plant and upgrade to
accommodate increased flow.
3. Abandon Westside plant, reroute sewage to Oso plant and upgrade plant
to accommodate increased flow.
4. Abandon Oso plant and build new Southside plant.
5. Abandon Westside plant and build new Southside plant.
6. Build additional Southside plant, expand Westside plant, and improve
Oso plant to more efficiently handle current and projected loads.
Mr. Lontos stated that there are a number of recommendations to make
interim improvements at the Oso plant and Westside plant, and some of those have
been done, i.e.; installation of ventilation, fans, blowers, construction of a
lagune, and a number of other improvements are under way. He stated that BC -FN
recommend alternative 1/6, and with minor modifications to the Oso and adding
additional aeration equipment, it appears the Oso can treat 23 million gallons
per day (MGD). He stated that with $2 million worth of expenditures, the
additional wastewater could be treated. He stated the plant could treat 23 MGD
by adding a belt press system and additional trucks for hauling sludge.
Mr. Lontos continued and stated that the Southside plant should be under
construction sometime after 1995; it is recommended that a site be selected
soon; the plant should be operational by the year 2000; the last bond election
included $3 million for a plant site; BC -FN has recommended 25 acres for the
site, but the staff is recommending 150 acres so as to provide a buffer zone.
Mr. Lontos stated that the staff feels the recommendation is an excellent
one; BC -FN has done an excellent job; and every possible approach has been used
to include the public in discussions. He stated that it is a good plan and the
staff recommends it to the Council.
Mr. Lontos suggested that interim modifications that are recommended for
both plants will continue; expansion of the Westside plant had been delayed
Minutes
Regular Council Meeting
April 22, 1986
Page 4
until this report was received; and the staff will be coming forth with a
recommendation to hire a firm to design the expansion of the Westside Plant.
Mayor Jones inquired if the Westside plant treated the Calallen area, and
Mr. Lontos stated that that area is treated by the Allison plant.
Mayor Jones asked what factors were considered when preparing this study,
and Mr. Lontos stated that growth projections, population projections, land use,
the per capita use of water, and topography of the land were all considered.
Mr. Lontos then introduced Ms. Claudia Zahorcak and Denis M. O'Malley of
the firm of Brown & Caldwell -Freese & Nichols.
Ms. Zahorcak stated that they have tried to address all of the issues in
the report; the two principal factors used were projected growth, and the per
capita wastewater generation; they worked very closely with Mr. Larry Wenger and
his staff; the 1995 population figures that were developed by the Planning
Department werd very precise, which is very critical because the rate new
facilities are needed hinges closely to the rate in which they develop.
Ms. Zahorcak stated that they are recommending a staged implementation of
the Southside treatment plant in order to give the Planning Department an
opportunity to gauge the rates at which they develop. She stated that the
modifications for the Oso do not include any construction of buildings, except
for a new sludge beltpress, and that the existing facility will be used to its
utmost capabilities. She stated that by relieving some of the flow to the new
facility, it will give the Oso Plant some new capacity for diverting flow, but
all of that hinges on coordination of the review of the growth of the area.
Mayor Jones inquired if odor control is addressed in the report.
Ms. Zahorcak stated that in-line treatment and design solutions at the
facilities appear to be the most economical solution. She stated that the City
has moved forward in its evaluation of its difficulty, but it will be up to the
design engineer who deals with the plant problem to come up with the most cost
effective method.
Council Member McComb stated that the Council should go on record as
stating that whatever the Planning Commission recommends, the plant needs to be
located at least one or two miles from a residential area.
Mr. Lontos stated that the specific site selection has not been done, but
they have looked at the area east of Rodd Field Road. He stated that a site
selection committee should be formed this year or next year.
Mayor Jones stated that a site decision should be made as a part of the
planning process, noting that the Council should not limit the alternatives as a
part of the adoption.
,4inutes
Regular Council Meeting
April 22, 1986
Page 5
Council Member Slavik inquired as to why the Oso Plant capacity was
increased to 23 MGD.
Ms. Zahorcak stated that an evaluation of the facility indicates 23 MGD is
the maximum capacity, but when 80% of capacity is reached, that is when
construction of a new plant should begin, thus allowing a margin for safety.
Mr. Lontos agreed with Ms. Zahorcak's statements and elaborated that the
capacity should never be over 23 MGD.
Council Member Slavik stated that she thought there was an alternative 6a
and Mr. Lontos stated that alternative 6a is very close to what is being
recommended. He pointed out on a map the plant site and which areas would be
treated by each plant. He stated that the Committee felt that the boundary
between the Southside Plant and Oso Plant should be Saratoga Boulevard.
Mayor Pro Tem Best inquired if different areas of town can be switched from
one plant to another, and Mr. Lontos stated that this could not be done at the
present time, but with the construction of the new Southside Plant it would be
possible to switch some of the Oso overflow to it in accordance with the plan.
Mr. Lontos stated that there is an area being treated by the Broadway Plant that
will be switched to the Westside Plant and that will come to the Council as a
recommendation when the Westside Plant is expanded.
Mayor Jones asked how much the study cost, and Mr. Lontos stated that the
cost was $260,000; it is a Master Plan for the Westside and Oso Plants; and the
projected growth area to the south.
Mayor Jones inquired
steps for the treatment of
Ms. Zahorcak stated
proportion of plants per
and force mains.
if Ms. Zahorcak felt the City was taking adequate
sewage, and Mr. Zahorcak replied in the affirmative.
that the City has 6 or 7 plants, which is a high
capita and that relates back to the issue of gravity
Mr. Lontos stated that he feels the City has done a
improving the facilities in the last ten years; they have
future; they now have a Master Plan for the entire City; and
plan for the growth area of the City.
Mayor Jones called for comments from the audience.
lot of work in
planned for the
they will have a
Ms. Rose Day inquired if the Council was just accepting the report, and
Mayor Jones stated that it was being accepted, not adopted. Ms. Day stated that
she would address her particular questions to the Planning Commission when they
review the Master Plan.
* * * * * * * * * * * * *
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Regular Council Meeting
April 22, 1986
Page 6
Mayor Jones recognized State Representative Eddie Cavazos.
* * * * * * * * * * * * *
Mayor Jones announced the presentation on the Chapman Ranch and surrounding
area planning study.
Mr. Lontos stated that the Council was asked to enter into an agreement
with Shell Management, Inc. to develop a conceptual master plan for water,
wastewater, and transportation facilities. Mr. Lontos then displayed slides
depicting the Chapman Ranch area in relation to the current city limits. He
stated that the ranch lies about three miles from the city limits; the owners
want to make sure that whatever happens to the city, they need to integrate
their plan with the City of Corpus Christi since the City is growing in that
direction. He stated that the firm of Brown & Caldwell—Freese & Nichols was
hired to develop the conceptual plan for water and wastewater for Chapman Ranch;
there are approximately 34,000 acres with a projected population of 150,000; the
contract the City has with Shell Management was that the City would expand our
collection and treatment plants and water to include the area of Chapman Ranch;
at that time, $10,000 was provided for the review of the plan and Shell would
reimburse the City for the plan. In addition, the City will receive a
conceptual water plan, a conceptual wastewater plan, a conceptual transportation
plan, and topographic maps with contours to be used by the City in developing
drainage plans and other studies as needed in the future.
Mr. Lontos stated that in terms of water, it is not a matter of extending
water lines, but rather a question of water supply. He stated that the City is
the only agency with water rights capable of supplying water to an area as large
as Chapman Ranch. He stated that the plan proposes to have major trunk lines
from the 0.N. Stevens Plant extend south to provide water transmission and from
there southward for water to Chapman Ranch with a grid transmission system and
distribution system as well as elevated storage tanks and pump stations. He
stated that the system would be no different from the present water system for
the City with the main source the Stevens Plant.
In terms of wastewater, Mr. Lontos stated that the type of system design is
the same as the present system for gravity lines a certain distance and a number
of pump stations. He stated that in terms of treatment, those questions can
remain open for onsite or offsite treatment. He stated that the system can be
developed where the wastewater can be taken into the Southside Treatment Plant,
and in essence, if the City decides this is not the proper location for this
area, there are other possibilities.
Mr. Lontos stated that the City does receive gas from Valero and could
provide gas to Chapman Ranch through Valero or from another supplier, which the
City has the right to do, but the study does not address gas.
Mr. Lontos stated that transportation was reviewed substantially; it was
obvious that whatever is done, elements must be integrated with those plans that
the City has. He stated that the transportation plan is one that has been
Minutes
Regular Council Meeting
April 22, 1986
Page 7
reviewed with the City staff and one of the main principles is the present
expressway system, including I.H. 37, South Padre Island Drive, Crosstown, and
the Crosstown Extension, which if extended, could go all the way to Kingsville.
He stated that the main proposal in the plan is a loop road or beltway that ties
I.H. 37 and loops around the airport, crosses an assumed expressway extension
for Old Brownsville Road and crosses through the ranch and comes back in the
City around Rodd Field Road. He stated that this would provide circulation
around the City. He stated that if the City, at a later date, decides they need
a second crossing over the Laguna Madre, this makes it possible.
Mr. Lontos stated that it is a good plan; it looks forwards to the future;
it provides a plan and the means for development; and Shell indicated that the
owners of Chapman Ranch along the area of the beltway are willing to dedicate
the right-of-way; and that it is also his understanding that Shell Management
has approached the other owners and hopefully, they would dedicate also. He
noted that the State could conceivably begin construction on some type of road
in the loop in the future as funding becomes available.
Council Member Strong noted that these are long-range plans, and inquired
if there was a specific time period.
Mr. Lontos stated that the term long-range speaks to full development; he
cannot predict what is going to happen; it may happen in 50 years; or possibly
sooner. He stated that it makes sense to plan for this now, and in terms of
transportation, it would tie together areas of growth.
Mayor Jones inquired as to who will pay for the development.
Mr. Lontos explained that the developer will pay for
required by City ordinances; the developer would pay for
etc., but would not be required to pay for the expressway.
the landowners are willing to dedicate the right-of-way for
utility transmission lines could be paid from the pro rata
collects from utility connections.
the improvements as
water, wastewater,
He pointed out that
the expressway; the
share that the City
Mr. Lontos noted that this report does not address development of the area
between the present City and the Chapman Ranch property, but it is the opinion
of the staff that development will continue in this direction along the Oso.
Council Member Slavik stated that it was her understanding that the $10,000
spent for this report will be reimbursed to the City, and Mr. Lontos concurred.
In response to an inquiry by Mayor Jones about the amount of water that
would be used by this developer, Mr. Lontos replied that the estimate is
approximately 70 million gallons a day.
Council Member Strong expressed the opinion that the City will receive
benefits from Shell Land Management and this plan. She explained a similar
situation that occurred in a city in California.
Minutes
Regular Council Meeting
April 22, 1986
Page 8
Mr. Lontos agreed that it seems to be a fine plan and he recommends
acceptance. He stated that an item will be placed on the agenda next week for
the Council's consideration; it will then be reviewed by the Planning
Commission; and the transportation plan must be reviewed by several agencies.
Council Member Pruet stated that he is excited about the comprehensiveness
of this type of plan, and expressed the opinion that there is a need for this
type of planning, since growth is apparently in this direction.
Acting City Manager Briones interjected that "leapfrog planning" is not
necessarily bad; it is only undesirable when cities approve "leapfrog
annexations."
Mr. John Keltner referred to the map showing the loop roads and stated that
he had discussed the concept with 40 landowners, and none of them indicated that
they did not approve of it. He emphasized the need for a loop road around
Corpus Christi and agreed that the City's growth is in this direction. He
pointed out that the proposed loop will eventually serve the Homeport area very
well. He noted that the land between the City and Chapman Ranch could
accommodate schools, medical facilities, high-tech industries, etc. He also
stated that Chapman Ranch will donate right-of-way, with certain reservations
which will be in order.
Mr. Keltner informed the Council that only a very large landowner can give
property to attract an educational institution, light industry, etc., and stated
that the Chapman Ranch owners are not developers nor are they interested in
developing this property themselves.
Mayor Jones stated that an item will be on the agenda next week to accept
this report.
* * * * * * * * * * * * *
Mayor Jones announced the presentation on the Waterfront Festival Market
Ground Lease Amendment and Amended Ground Lease Agreement with Bayfront
Associates, Ltd.
Assistant City Manager Tom Utter stated that the Council received copies of
the contracts with Bayfront Associates; the Council has approved in concept the
Waterfront Festival Market and Breakwater Park; what is before the Council today
is a revision to the original contract with Bayfront Associates; basically, the
amendment moves all of the commercial structures out of the water and places
them on the first two blocks of I.H. 37. Mr. Utter then displayed a map showing
the area leased in the original contract and showing the new development.
Mr. Utter stated that this was designed jointly with BFA and the City,
because they were looking for a limited amount of fill area that would allow a
traffic area, walkways, and median lighting. He reiterated that there would be
no structures on the breakwater park, but rather the buildings would be located
Ainutes
Regular Council Meeting
April 22, 1986
Page 9
on the first two blocks of Shoreline. He stated that the exit lanes of I.H. 37
would be relocated to the south lane, and the entrance lanes would be relocated
to Aubrey Street.
Mr. Utter stated that there are two contracts -- the first is the amended
ground lease agreement which has the same bay bottom leased as in the first
contract; the time period is the same, 40 years with a 20 year option; in terms
of specifics, it would require a Corps of Engineers Permit; it would be BFA's
responsibility to obtain the permit, but the City would be the applicant;
construction of the boat slips would be required within 6 months ; when the
Marina, including the new slips, reaches 907, occupancy, BFA would be required to
construct the slips on the north side of the Peoples Street T -Head as well as
the rock breakwater located north of the T -Head; when the second phase of slips
and the Marina again reach 90% occupancy, BFA would be required to construct the
rest of the slips and the park fill area associated with the breakwater. He
stated that there would be no structures on the park area, but BFA would have
the exclusive right for vendors in the area.
He stated that the payments to the City remain the same in that beginning
the sixth year after occupancy, 5% of the gross lease income for all boat slips
monthly would be due the City as well as 5% of the net rental income for all
push carts or similar concessions. He stated that beginning the llth year,
these figures both increase to 77 and every 10 -year period thereafter, the
percentages are adjusted by the percentage change in the consumer price index up
to a maximum of 107. He stated that there is no frontend cost to the City. He
stated that they are proposing that as development takes place, the lesser of
the cost of this fill ($4.5 million) or the actual tax increments generated from
the commercial area and the boat slips, be reimbursed to BFA for a 20 year
period. He stated that the estimate to reimburse would not exceed $2 million.
He stated that the former contract was the same way, but reimbursement was
limited to $1.5 million.
He stated that the boat slips would be leased under the general supervision
of the City; the City will be reimbursed by BFA for the City's cost of leasing
and supervising the BFA owned slips; the lease rates on the slips would not
exceed 150% of the existing City Marina rates; and the Council will have the
sole power to approve or disapprove preliminary plans for the breakwater park
and all of the slips.
Mr. Utter stated that the second contract is the Waterfront Festival Market
ground lease agreement which will be located entirely within the Central
Improvement District and which will have the same rates as the original lease.
He stated that BFA will be required, at its own expense, to provide the
engineering, obtain State approval, and undertake construction, for the
relocation of I.H. 37; in addition, they will be required to obtain the first
two blocks of I.H. 37 right-of-way in fee simple for the City of Corpus Christi;
and the City agrees to provide Aubrey Street as necessary to the State for the
relocation of I.H. 37. He stated that the City owns the first block and the
State owns the second block, but the State has indicated that they would work
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Regular Council Meeting
April 22, 1986
Page 10
with BFA to relocate the streets. He stated that once I.H. 37 is relocated, the
contract specifies that they would be required to build at least 90,000 square
feet of market area; they would be required to prepare a redevelopment plan for
the entire area, from Shoreline along I.H. 37 to the Old County Courthouse; all
of the plans and specifications would be subject to Council approval; construc—
tion must begin within 18 months after relocation of I.H. 37; the lease rates
remain the same as the original contract with BFA paying to the City beginning
the sixth year 1% of the gross receipts of all retail space and 5% of the net
rental income for all non—retail space; beginning the 11th year, this figure
increases to 2% and 7}% respectively; the City agrees not to enter into a
competitive situation with BFA for a period of 5 years by leasing additional
City owned land for a similar water festival area on property adjacent to
Shoreline; and the City will endeavor to construct a bayfront overlook on the
water site, continue with landscaping, and the Harbor Bridge lighting project.
Mr. Utter stated that he has met with proponents and opponents and the
major issue of the opponents was that they did not want any buildings in the
water and very little fill. He stated that there has been a change as far as
reimbursement because of the El Paso lawsuit regarding tax increment financing,
therefore, there is a provision that if tax increment financing is not
available, the City would consider alternatives, including tax abatement, but
does not obligate the City to spend general fund monies for the construction of
the Waterfront Festival Area. He stated that the fill area would become
property of the City upon completion, including a 3—year warranty.
Mr. Utter stated that the two contracts are extensive; they are put
together very well; City Attorney Hal George has reviewed the contracts; and
several staff members have also reviewed the contracts.
Mayor Jones asked what the City would receive in revenues from the project.
Mr. Utter stated that assuming 90,000 square feet of retail space is built,
the sales will be reduced by 4% to 5% from the original contract.
Council Member Guerrero asked what the dollar per square foot sales would
be, and Mr. Utter stated that all of the projections have not been completed at
this time; therefore, he could not say.
Mr. Utter stated that the project would create 400 to 500 construction jobs
and 500 to 550 permanent jobs, and that in terms of dollars to the City, it
would be approximately $8 million. Mr. Utter stated that the original landmass
estimate was a major impact of $75 million over a 40 year period, and based on
this contract, the impact would be $40 to $45 million. Mr. Utter stated that
this is an estimate, but he would have the projections later in the week.
Council Member Strong pointed out that the Council received copies of
contracts on Friday and on Monday, and Mr. Utter clarified which were the
correct copies.
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Regular Council Meeting
April 22, 1986
Page 11
Council Member Strong stated that there was concern in the community on the
financial ability of BFA and Peoples Savings and Loan to complete the project.
She asked what research has been done to prove that Peoples Savings and Loan is
solvent and she asked what would happen if they could not meet their
responsibility.
Mr. Utter stated that he has talked to Peoples Savings and Loan and has
done other research and they are in fine financial shape. He stated that it is
unfortunate that rumors of this type get started. He stated that in terms of
what would happen to the City if they could not meet their responsibility,
Peoples would lay off some of the indebtedness to other institutions. He stated
that a performance bond would also be required and there are safeguards in the
contract that protect the City's interest.
Council Member Strong asked for a definition of a performance bond, and Mr.
Utter stated that the bonding company would step in if something went wrong; the
City would require absolute financial assurance that the project would be built;
and if they fall into default, there are several other alternatives through the
law. Mr. Utter stated that there is also a letter of credit in the amount of
$100,000.
Mr. Joe Daniels, Peoples Savings and Loan, Llano, Texas, stated that his
firm became involved in this project in 1982; they have financed a number of
projects in Corpus Christi; and are currently financing several projects. He
stated that they are interested in this project; there has been $1.2 million
funded into the project at this time, so that is an indication of what they
stand to lose if they back out of the project now; he stated that this project
has stretched out for a very long time; they are now looking at approximately $7
million to complete the boat slips, different phases of the breakwater, and the
cost of moving the interstate highway.
Mr. Daniels stated that they are a real estate lender; they are developing
and lending to developers all over Texas; $15 million has been loaned in Corpus
Christi; $16 million loaned in San Antonio; and $100 million in Dallas. He
stated that they have a net worth of approximately 3% and they certainly meet
the requirements of the federal bank laws in Texas.
Council Member Strong stated that she appreciated Mr. Daniels answering her
questions and hopes he understands the atmosphere in which the question was
asked. She stated that in order to satisfy her responsibility, she has to be
satisfied that Peoples Savings and Loan will be there.
Mayor Jones noted that with $1.5 million in the project, it would be in
Peoples Savings and Loan interest to see the project through.
Mr. Daniels stated that they like the project and that is why they are
staying. He stated that they are not experiencing any problems as a lending
institution than what is considered normal.
,Minutes
Regular Council Meeting
April 22, 1986
Page 12
Council Member Guerrero inquired
have preferred not to incur, and Mr.
projects that they find themselves in
they have to see through, but they do
beginning.
not,
walk
if this was one of those loans they would
Daniels stated that there are a lot of
that they would rather not, but most loans
believe in this project and have from the
Council Member Guerrero inquired if they had the choice to believe in it or
and Mr. Daniels stated that if he were given $3 million, he would probably
away from the project.
Council Member Berlanga stated that the size of the landfill is much
different from that in the original contract, and Mr. Utter stated that that is
not correct.
Council Member Berlanga stated that he feels this is a new contract; the
City has nothing to gain; and all liability falls to the City. Council Member
Berlanga stated that a referendum should be held on this project because it is a
new contract. 'He noted that there is nothing in the contract that says
buildings would not be constructed in the water.
Council Member Slavik asked who drew up the contract, and Mr. Utter stated
that it was done jointly with the City staff and Bayfront Associates.
Mrs. Slavik inquired if Mr. Bob Thorpe drew up the contract, and Mr. Utter
stated that he did not; but Mr. Thorpe's secretarial staff was used. Mr. Utter
noted that extensive secretarial time was used for these contracts, and the City
did not have the secretarial staff to devote to this contract.
Council Member Slavik asked what the maximum amount would be to reimburse
BFA, and Mr. Utter explained that in the original contract there was a
reimbursement for the documented cost for the additional four acres for the
aquarium site, and that was to come from the lesser of the actual reimbursement
or the tax increments to be generated from that project. He stated that under
this contract, it will not exceed $2 million. He stated that he estimates
approximately $15 million worth of value over 14 years. He stated that there is
not a maximum amount for the breakwater park, noting that this will be turned
over to the City. Mr. Utter stated that it is all based on BFA building a
commercial structure on property that is not currently on the tax rolls; he
stated that the property will be put on the tax rolls with a private developer
which will be producing sales tax and property tax.
Council Member Slavik stated that the City could use tax increment
financing and build the boat slips, and Mr. Utter stated that the problem with
that is that the City has other competing uses for tax increment financing,
including amortization from the last bond election.
Council Member Slavik referred to the Transit Authority working towards the
redevelopment plan for the entire area, and Mr. Utter stated that the RTA is
Minutes
Regular Council Meeting
April 22, 1986
Page 13
interested in providing a downtown facility; i.e., a parking structure,
terminal, and shuttle bus system.
Council Member Slavik stated that she would like a written report on the
Transit Authority's plans and involvement in this project.
Council Member Guerrero stated that he does not oppose the concept, but he
does have questions regarding the financial feasibility of the project. He
stated that he does not appreciate receiving copies of the contract the day
before the Council is to vote on it. He stated that he would like to know what
the actual figure would be for dollars produced. He pointed out that when the
original project was proposed, the Council was informed that it was not
financially feasible to have the commercial area on land, but now they want to
build on land.
Mr. Utter stated that he was not in a position at this time to provide
figures in terms of revenue to the City, noting that when he does give the
figures, he wants to be precise. He stated that he would be more than happy to
have Mr. Joe Gardner provide the figures produced by Laventhol/Horwath, and at
the end of the week, he would provide the Council with his numbers.
Mayor Pro Tem Best stated that the original contract leased the bay bottom
and there should have been a referendum at that time. He stated that if the
lease is changed, it is a new contract. He inquired that if the original
contract leased the bay bottom, why couldn't BFA live with the original, since
the same area is being leased in the new contract.
Mr. Utter stated that the amended lease places all of the commercial
buildings on land.
Mayor Pro Tem Best stated that the Council does not know what the people
want, because they have not had a voice in it.
Dr. Best stated that BFA should live with the original lease and then have
a new contract for the ground lease.
Mr. Utter stated that if Dr. Best is referring to the first amended lease,
the City would have an 8 acre landmass with buildings in the water. He stated
that there are terms and conditions in the lease that specify what can be built
on the surface.
City Attorney George stated that the City has an existing lease which they
are bound by; it is a valid lease; if the ordinance is not passed, BFA could
apply to the Corps of Engineers for a permit for an 8 acre landmass with
buildings on it; the City is trying to prevent this from happening; and if the
Corps did grant a permit in this fashion, the Council could expect a lawsuit.
Dr. Best stated that if the lease is being changed, there should be a
referendum.
Minutes
Regular Council Meeting
April 22, 1986
Page 14
Mr. George stated that it is a different lease, but it is the same area for
the same length of time; the terms and conditions are the same; and all that is
being done, is eliminating the commercial buildings from the water.
Dr. Best inquired if it is the same contract, and Mr. George stated that
the bay bottom is the same in his opinion; the commercial area is a new
contract.
Mayor Jones stated that there is a need for tourist activity; the need was
there in 1982 when the project was first considered; and the need is still
there. He stated that the Council can find many reasons for not doing this, and
10 years from now the City will look exactly the same. He stated that the ones
to suffer more will be in Council Member Berlanga's district; the money
generated will go into the General Fund and every citizen in Corpus Christi will
benefit from this; if the Council does not pursue this public/private partner-
ship, all that will be in the area are parking lots which are in existence now.
He stated that the Council should do what is best for the City; the Council
should consider the impact this will have on the Old Courthouse; and they should
consider that the return to the City will be enormous.
Council Member Berlanga stated that he did not disapprove of the concept,
but rather the manner in which it is being done. He stated that the Mayor had
said his constituents would profit by this project, but they may also be gaining
a burden. He stated that he would like the Legal staff to give him a report
comparing the differences between the old contract and the new contract.
Council Member Guerrero stated that he supports the concept, but
the projected revenues to the City. He stated he would support this
reading, but if he does not have the information he has requested, he
support it later.
Council Member Pruet asked what the City would be liable for
contract.
he needs
on first
will not
under the
Mr. Utter stated that the City is committed to sign the application to the
Corps; the City will endeavor to construct a seawall overlook; the City will be
required to maintain the breakwater park; the park will be given to the City;
and the City would be required to act as leasing agent and supervise the boat
slips.
Council Member Pruet clarified that the City will be receiving the park and
boatslips and in the event of default, the City has no liability, and Mr. Utter
stated that that was correct.
Council Member Pruet stated that the buildings have been removed from the
water, which was the concern of the opponents; the City has no liability; this
will create construction and permanent jobs; the City will be getting a return;
and the City has no cost. He stated that what was needed in 1982 is intensified
by the economic conditions today and he strongly supports this project.
Minutes
Regular Council Meeting
April 22, 1986
Page 15
Council Member McComb noted that there is a lender willing to loan the
money to the developer, and the main objection to the project, the buildings,
has been removed.
Council Member Slavik asked what the land was worth on Shoreline, and Mr.
Utter stated that before he gave a figure, it must be realized that the land is
not useful to the City and it is his opinion that the land, if it were free and
clear, would be worth $45 per square foot.
Council Member Pruet asked what the land is worth as it is now, and Mr.
Utter stated it is worth a couple of dollars per square foot.
Council Member Slavik stated that the Council received these documents
Friday and Monday nights; there are over 500 pages; and she feels that it was
extremely poor to be given it all at one time; therefore, she feels this should
be delayed so the Council will have time to review it carefully.
Council Member Mendez stated that the need for tourist attractions has not
changed and the Council should encourage public/private partnerships. He stated
that bay bottom to be leased is the same as the original contract and the
contract is the same in many instances. He stated that a parking lot now exists
in the area that will become the Waterfront Festival Market and he feels that
this should be provided for the tourists. He stated that he feels comfortable
with the concept and will approve both ordinances.
Council Member Berlanga stated that the bay bottom is not the same.
Mayor Jones called for comments from the audience.
Dr. Charles Kennedy, 120 Louisiana, agreed with the comments made by Mayor
Jones and Council Member Pruet. He stated that the project is needed; he was in
favor of the original contract; and he feels that this one is a good compromise
and that this is needed for future generations.
Dr. Paul Gray stated that he has obtained copies of the contract and has
referred them to his attorney. He stated that he is not objecting to the entire
project, but he does have questions regarding the configuration of the landmass.
Mr. Utter stated that the present contract does not allow additional fill
area over and above what is stated in the contract, and the configuration of
land fill precludes what was in the previous contract.
Dr. Gray stated that he would like to know what the rental per square foot
will be at the market place.
Mrs. Sam Countiss stated that the tourists have many things to do in Corpus
Christi; the City has a beautiful bay; and it should not be filled up with land
masses.
Minutes
Regular Council Meeting
April 22, 1986
Page 16
Mr. Sam Allen spoke in favor of the ordinances, and stated that his only
question is the provision for limiting competition for five years. He stated
that someone could emerge with a similar plan, and speaking from the standpoint
of private developers, he feels that would be a dangerous area to prevent
someone from developing.
Mrs. Mary Helen Dunham spoke in favor of the project, noting that the City
needs major tourist attractions and a diversified economy.
Senator Carlos Truan stated that it has been interesting to be in the
audience today and hear the discussion of the Council. He stated that many
people are concerned about what is going to happen to attract tourists, and that
concern has been conveyed to him. He stated that the people feel they did not
have a voice in the landmass; the land belongs to the people; and he would like
to work with the Council on getting this to the State level. He stated that the
people should have the opportunity to speak, perhaps through a referendum.
Mr. Donald Greene stated that the project without the buildings is a great
improvement and if a referendum were to be held now, it would probably pass.
Mr. Greene stated that the letter of credit should be strengthened. He stated
that the bay bottom to be leased under the new contract is not the same as the
original contract. He stated that he is concerned about the economic feasibi-
lity of the project, in that it originally said that the project would not be
feasible on land; the contract calls for a master plan, which needs to be done;
but the public has not had enough time to absorb what is being proposed.
Mayor Jones pointed out that this is the first reading; there will be two
more readings with 30 days between the first and third reading; and it would
become effective 60 days after passage.
Mr. Charles DeCou spoke in favor of the project, but stated that he feels
that this requires a referendum since the contract has been changed. He stated
that if this is approved, the people will perceive this as an attempt by the
staff and the Council to circumvent their chance for a voice in the matter.
Mr. Joe Gardner, Bayfront Associates, stated that in the contract, the
diagram is conceptual only, and will be followed by a survey. He stated that
the City has no liability for this project.
Mr. Gardner stated that the sales per square foot would run from a high of
$281/s.f. to a low of $184/s.f., and the rates for renting space would run from
$31.49/s.f. to $18.27/s.f.
Council Member Guerrero stated that he would like the figures in writing,
including the sales tax.
Mr. Gardner stated that he would provide the figures requested, but he
would have to estimate the expenses.
Minutes
Regular Council Meeting
April 22, 1986
Page 17
Council Member McComb stated that he agrees with Senator Truants statement
about giving .the public a chance to speak on this issue, but through public
hearings.
Council Member Slavik stated that her concern is that she hasn't had enough
time to review the contracts.
There were no further comments from the audience; City Secretary Chapa
polled the Council for their votes as follows:
21. FIRST READING
AUTHORIZING THE EXECUTION OF A WATERFRONT FESTIVAL MARKET GROUND LEASE
AGREEMENT WITH BAYFRONT ASSOCIATES, LTD.
The ordinance was read for the first time and passed to second reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong
voting "aye"; Slavik voting "no."
22. FIRST READING
AUTHORIZING THE EXECUTION OF AN AMENDED GROUND LEASE AGREEMENT WITH
BAYFRONT ASSOCIATES, LTD.
The ordinance was read for the first time and passed to second reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong
voting "aye"; Slavik voting "no."
Acting City Manager Briones clarified that the Council wanted the following
information: 1. Use of the Transit Authority property. 2. The revenue
projections from the project. 3. Comparison of the two contracts.
Mayor Pro Tem Best inquired if there were any conceptual plans as to what
will be placed on the land.
Mr. Utter stated that the Council has the authority to approve or dis—
approve anything that is done on the land, and he is not aware of any drawings
of any buildings.
* * * * * * * * * * * * *
Mayor Jones called for consideration of Consent Motions, items 1 thru 12a.
1. Approving a supply agreement for approximately 5,250 ceramic road markers
to be used by the Traffic Engineering Division based on low bids from the
following companies for an estimated expenditure of $22,536. The term of
this agreement will be twelve months with option to extend for an
additional twelve months, at the same terms and conditions, subject to the
approval of the supplier and the City Manager, or his designee. Seven bid
Minutes
Regular Council Meeting
April 22, 1986
Page 18
invitations were issued, two bids were received. No recent price history
is available. Funds were approved in the 1985-86 budget.
Price Barricade & Signal Co.
Items 1 - 5, and 7
Total: $15,336
GRAND TOTAL: $22,536
Saf-T-Mark Supply Co.
Item 6
Total: $7,200
2. Approving a supply agreement for gasoline and diesel fuel for all
appropriate City departments with Texas Star Services based on low bid for
an estimated annual expenditure of $953,323. The term of this contract
will be twelve months with an option to extend for an additional twelve
months, subject to the approval of the seller and the City Manager, or his
designee. Twenty bid invitations were issued and four bids were received.
Funds were approved in the 1985-86 budget.
3. Accepting Phase II of the 0. N. Stevens Water Filtration Plant Railroad
Spur Track Rehabilitation and authorizing payment of $26,836.40, which
represents the total cost of the work performed, to W. T. Byler Co., Inc.
Funds for this work are included in the 1985-86 Water Division Operating
Budget.
4. Accepting the Oso -Westside Wastewater Master Plan prepared by the joint
venture of Brown and Caldwell -Freese and Nichols, Inc. The contract with
BC -FN provided for the development of a Wastewater Collection System and
Treatment Master Plan for an area south of Oso Creek and the present
service areas of the Oso and Westside Treatment Plants for a cost of
$260,600.
5. Accepting the Corpus Christi Beach Groin Lighting project and authorizing
final payment of $1,362.63 to Baker Electric Company, Inc. This project
provided for the installation of ten lights on the recently constructed
rock groin at the north end of Corpus Christi Beach.
6. Approving plans and specifications and authorizing the receipt of bids on
May 20, 1986, for the repair and repainting of the Gollihar Road Water
Storage Tank. The proposed work includes minor repairs, sandblasting and
painting of the interior and exterior of the tank, and modifications to the
balcony and ladder system to meet current OSHA requirements. Funds for
this work are available in the Water Division Operating Budget.
7. Authorizing acquisition of a parcel of land (#5) located at the southwest
corner of Padre Island Drive and Bear Lane at a cost of $6,550 for the
Padre Island Drive - Bush to Agnes Improvements.
8. Approving the advertisement for bids for the operating of the concession
area at Parker Park.
Minutes
Regular Council Meeting
April 22, 1986
Page 19
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10. The City Manager or his designee be authorized to execute agreements with
the following non-profit organizations providing financial assistance in
the amounts indicated for various arts and cultural programs as recommended
by the Municipal Arts Commission:
a. Corpus Christi Chorale in the amount of $2,500 for its 1986-87 season
(May 1, 1986 - May 31, 1987);
b. C.C.I.S.D. in the amount of $500 for its summer enrichment program
(June, 1986);
c. Harbor Playhouse in the amount of $2,650 for the production of
Shakespear's "The Tempest" (November 1 - 16, 1986);
d. Corpus Christi Arts Council in the amount of $3,500 for the Institute
of Arts in Education's "Summer Institute" (July and August, 1986); and
e. Texas Jazz Festival Society in the amount of $3,950 for the 26th
Annual Texas Jazz Festival (July 13, 1986).
The total of $13,100 is available as the remaining balance of the $50,000
budgeted for Arts support approved in the 1985-86 Tourist and Convention
Development Fund Budget.
11. The City Manager or his designee be authorized to execute agreements with
the following non-profit organizations providing financial assistance in
the amounts indicated for various Arts and cultural programs as recommended
by the Municipal Arts Commission:
a. Ballet Folklorico Nacional in the amount of $2,000 for the Annual
Dance Concert (June 28, 1986) and the Hispanic Month Celebration
(October 26, 1986), and for $3,000 for a minimum of 12
Sesquicentennial Celebration performances (May 1 - September 30,
1986);
b. Corpus Christi Arts Council in the amount of $2,500 for the
Contemporary Dance Theatre's First Annual Dance Theatre Festival (July
12, 1986);
c. Museum of Oriental Cultures in the amount of $678 for the Children's
Summer Art Program (June 1 - August 31, 1986); and
d. HIALCO-OIC in the amount of $3,822 for Rainbow Repertory Theatre's
production for three performances of "Alice in Wonderland" (July 10 -
12, 1986).
Minutes
Regular Council Meeting
April 22, 1986
Page 20
The total of $12,000 is available as the remaining balance of the $30,000
programmed for Arts subgranting from the National Endowment for the Arts
(NEA) CityArts Grant in FY 1985-86. The total amount of $30,000 is
comprised of a $15,000 NEA Grant with a $15,000 local match from the City
from the 1985-86 Tourist and Convention Development Fund Budget. This is
the third and final year of this particular grant program. The balance of
these grant monies will be expended if this recommendation is approved.
12. Authorizing the Acting City Manager to amend and renew the building lease,
for the Data Processing Department at 1015 Santa Fe from $4,482 to $6,650
per month to reflect the "cost of living" adjustment clause and a
short-term lease penalty. The term of the lease is to be for 16 months
minimum beginning on May 1, 1986, with an option to extend the lease on a
month-to-month basis until the new City Hall is completed. Lease can be
cancelled on or after the 16 months with sixty days notice.
12a. Tentative approval of the plan presented by the Chamber of Commerce and
Business Development Commission regarding the establishment of the Corpus
Christi Area Economic Development Corporation.
Acting City Manager Briones stated that item 9 will be withdrawn from
consideration.
City Secretary Chapa stated that Council Member Pruet will abstain from
voting on item 7, and he has filed an affidavit stating his interest in this
item.
Council Member Guerrero inquired if the amount of interest is disclosed,
and City Secretary Chapa stated that according to the affidavit, Mr. Pruet has
an equitable or legal ownership interest with a fair market value of at least
$2,500 in said real property.
There were no comments from the audience.
A motion was made by Council Member Guerrero to approve items 1 thru 8 and
10 thru 12; seconded by Council Member Mendez; and passed by the following vote:
Jones, Best, Berlanga, Guerrero, McComb, Mendez, and Slavik voting "aye"; Pruet
voting "aye" on all items except on item 7 on which he abstained; Strong absent
at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Ordinances, items 14
thru 19, and noted that ordinance 13 was withdrawn.
There were no comments from the audience; City Secretary Chapa polled the
Council for their vote; and the following were approved:
Minutes
Regular Council Meeting
April 22, 1986
Page 21
14. ORDINANCE N0. 19273
AUTHORIZING THE EXECUTION OF A CONTRACT WITH A. ORTIZ CONSTRUCTION AND
PAVING, INC., FOR THE WIDENING OF EVERHART ROAD AT ITS INTERSECTION WITH
WOOLDRIDGE ROAD TO ACCOMMODATE A LEFT TURN LANE AND THE LOWERING OF THE
SYLVAN CREST DRIVE AND CRESTWATER DRIVE INTERSECTIONS AT KOSTORYZ ROAD;
APPROPRIATING $99,700; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Strong
absent at the time the vote was taken.
15. ORDINANCE NO. 19274
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS:
School Sidewalk Program, Phase II
Site 1. Norton Street, south side, replacement of 175 linear feet of
deteriorated sidewalk abutting Baker Junior High School, and
Site 2. Bear Lane, north side, construction 357 linear feet of sidewalk
abutting West Oso High School, and
Site 3. Mueller Street, south side, from Erwin Street to Oak Park
Elementary School, and
Site 4. Hilltip Road, northwest side, from Guess Drive to Annaville
Elementary School, and
Site 5. West Redbird Lane, south side, from Calallen Drive to Cornett
Drive and Cornett Drive, south side, from West Redbird Lane 340
linear feet westward abutting Calallen Junior High School, and
Site 6. Williams Drive, south side, from South Staples Street eastward
for 604 linear feet;
FIXING A LIEN AND CHARGE, THE MANNER AND TIME
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and
absent at the time the vote was taken.
16. ORDINANCE NO. 19275
OF PAYMENT AND COLLECTION;
passed as follows: Jones,
Slavik voting "aye"; Strong
AUTHORIZING THE EXECUTION OF A CONTRACT WITH T. GARZA CONSTRUCTION FOR THE
CONSTRUCTION OF SIDEWALKS IN THE VICINITIES OF WEST OSO HIGH, OAK PARK
ELEMENTARY, ANNAVILLE ELEMENTARY, CALALLEN JUNIOR HIGH AND BAKER JUNIOR
HIGH SCHOOL; APPROPRIATING $37,206.81; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Strong
absent at the time the vote was taken.
Minutes
Regular Council Meeting
April 22, 1986
Page 22
17. SECOND READING
CLOSING AND ABANDONING A PORTION OF THE 40 -FOOT WIDE PUBLIC STREET
RIGHT-OF-WAY OUT OF LOTS 26 & 27, SECTION 11 AND LOTS 6 & 7, SECTION 10,
FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; PROVIDING FOR REPLATTING.
The ordinance was read for the second time and passed to third reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik
voting "aye"; Strong absent at the time the vote was taken.
18. SECOND READING
ADOPTING THE STANDARD BUILDING CODE, 1985 EDITION, AND THE 1986 REVISION
THERETO, AS THE BUILDING CODE OF THE CITY OF CORPUS CHRISTI; WITH CERTAIN
CHANGES AND ADDITIONS THERETO; PROVIDING FOR ADMINISTRATION AND
ENFORCEMENT; REPEALING ORDINANCES 15256, 15308, 16395, 17520, 16772, 17933,
17895, 18355 AND 19186; MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE
NOT TO EXCEED $200; PROVIDING FOR PUBLICATION BY NOTICE; PROVIDING FOR
SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE OF JUNE 1, 1986.
The ordinance was read for the second time and passed to third reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik
voting "aye"; Strong absent at the time the vote was taken.
19. THIRD READING - ORDINANCE NO. 19276
AMENDING CHAPTER 36, PARKS, RECREATION, CULTURAL AND
ACTIVITIES, SECTION 36-7, SWIMMING POOL RATE SCHEDULE, TO ADD
DISABLED PERSONS FOR GENERAL ADMISSION, SEASON PASS, AT
POOLS; AND DECLARING AN EMERGENCY.
The ordinance was read for the third time and passed as follows:
Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting
absent at the time the vote was taken.
* * * * * * * * * * * * *
LEISURE TIME
A $10 FEE FOR
ALL MUNICIPAL
Jones, Best,
"aye"; Strong
Mayor Jones called for consideration of Ordinance 20, and clarified that it
was to be passed on an emergency basis.
There were no comments from the audience; City Secretary Chapa
Council for their vote; and the following was approved:
20. ORDINANCE NO. 19277
polled the
RELATING TO PROVISION OF INSURANCE COVERAGE; ESTABLISHING UNIFORM CRITERIA
FOR PROVISION OF INSURANCE; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING
FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
April 22, 1986
Page 23
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Strong
absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Jones announced the public hearing on two zoning cases.
23. Application No. 286-2, Mr. J. J. Pichinson: For a change of zoning from
"A-2" Apartment House District to "AB" Professional Office District on Lots
1, 2, and 3, Block II, Ocean View Addition, located on the southwest corner
of Morgan Avenue and Ocean Drive.
Assistant City Manager Utter stated that in response to the 9 notices
mailed, 1 was returned in favor; 1 was returned in opposition; and the Planning
Commission and Planning Staff recommend denial, and in lieu thereof, grant a
special permit for an "AB" use with the following conditions: (1) prohibit
driveway access to Ocean Drive and Morgan Avenue allowing alley access only; (2)
require a 20' setback off of Ocean Drive to be substantially landscaped with
parking prohibited within the setback; (3) that no freestanding signs be
allowed; and (4) require that the City's parking requirement for offices be met
with no exceptions. He stated that the applicant is in agreement with the
special permit and the conditions.
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.
Mr. Wenger provided the Council with copies of the site plan, and Mr. Utter
explained the parking according to the site plan, and noted that parking would
be screened by landscaping.
Mayor Jones noted that this would be the first step in changing the
character of this block of Ocean Drive and Mr. Wenger noted that zoning changes
in this area should be handled through special permits.
There were no 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.
Discussion followed regarding the alley located behind the subject
property, and the Council was informed that it would be the property owner's
responsibility and that it would be paved.
City Secretary Chapa polled the Council for their vote effecting the zoning
change as follows:
Minutes
Regular Council Meeting
April 22, 1986
Page 24
ORDINANCE NO. 19278
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF J. J. PICHINSON BY
GRANTING A SPECIAL COUNCIL PERMIT FOR "AB" USES WITH THE FOLLOWING
CONDITIONS: 1) PROHIBIT DRIVEWAY ACCESS TO OCEAN DRIVE AND MORGAN AVENUE,
AND REQUIRE THAT THE EXISTING DRIVEWAYS BE CLOSED TO ALLOW ALLEY ACCESS
ONLY, 2) REQUIRE A 20' SETBACK OFF OCEAN DRIVE TO BE SUBSTANTIALLY
LANDSCAPED WITH PARKING PROHIBITED WITHIN THE SETBACK, 3) THAT NO
FREESTANDING SIGNS BE ALLOWED, AND 4) REQUIRE THAT THE CITY'S PARKING
REQUIREMENT FOR OFFICES BE MET WITH NO EXCEPTIONS ON LOTS 1, 2, AND 3,
BLOCK II, OCEAN VIEW ADDITION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Strong
absent at the time the vote was taken.
* * * * * * * * * * * *
24. Application No. 386-8, Mr. Tommy Cummins: For a change of zoning from "AB"
Professional Office District to "B-4" General Business District on Lot 16,
Block 2, Windsor Park Unit 4, located on the east side of South Staples
Street, approximately 112' north of Collingswood Drive.
Mr. Utter stated that in response to the 21 notices mailed, 4 were returned
in favor; 2 were returned in opposition; and the Planning Commission and
Planning Staff recommend denial of "B-4", and in lieu thereof, grant a special
permit for a dental laboratory.
Mr. Wenger displayed the area on the zoning and land use map, described the
land use in the surrounding area, and showed slides of the vicinity.
There were no comments from the audience; a motion was made by Mayor Pro
Tem Best to close the hearing; seconded by Council Member McComb; and passed
unanimously.
City Secretary Chapa polled the Council for their vote effecting the zoning
change as follows:
ORDINANCE NO.19279
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF TOMMY CUMMINS BY GRANTING A
SPECIAL COUNCIL PERMIT FOR A DENTAL LABORATORY ON LOT 16, BLOCK 2, WINDSOR PARK
UNIT 4; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Strong
absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Jones called for petitions from the audience.
Minutes
Regular Council Meeting
April 22, 1986
Page 25
Mr. Clay Moore asked the Council to help in passing legislation at the
State level regarding liability insurance and to put a cap on court awards.
Mayor Jones stated that this is a major problem, but legislation is being
proposed at the state level. He stated that nothing could be done on a local
level.
Mr. Al Hyman, Director of Safety and Risk Management, stated that the
number one issue will be tort reform and liability insurance. He stated that
some states have taken major steps towards this, and lobbying in Texas has
begun.
Mr. Terry Whitmire, member of the Mechanical Advisory Board, stated that
bids are to be received next Tuesday on the Airport; there is only one type of
airconditioning being bid; it is a gas unit; and there is enough evidence to
justify an alternate bid for an electric unit. He stated that the Mechanical
Advisory Board endorses this.
Mr. Briones stated that the Council has asked the staff to look into the
possibility of changing the bid date to provide time for an alternative, if
necessary.
Mayor Jones questioned why the Mechanical Advisory Board is involved in the
Airport airconditioning, and Mr. Whitmire stated that electrical airconditioning
would keep costs down, noting that the members of the Board have nothing to gain
from this.
Mr. Whitmire stated that reports made to the Council, up until this point,
recommended gas units.
Mayor Jones stated that the business of the Board is to consider ordinances
and policy pertaining to the City and he feels that this is not the Board's
business.
Mr. Whitmire stated that the board is composed of professionals who can
help render a decision that is in the best interest of the City. He stated that
all items were not addressed by the staff.
Mr. Briones asked him to elaborate on his statement.
Mr. Whitmire referred to several reports made to the City that recommended
electrical airconditioning.
Mayor Jones stated that Mr. Whitmire alleged that someone on the staff was
dishonest, and Mr. Whitmire stated that all of the information was not given to
the Council.
Minutes
Regular Council Meeting
April 22, 1986
Page 26
Mayor Jones stated that there appears to be an organized effort for the
Council to reconsider the type of airconditioning at the Airport and the new
City Hall, and Mr. Whitmire agreed.
Mr. Briones stated that the staff is looking at the possibility of
re-evaluating the issue.
Council Member Strong stated that she feels it is important that the
Council has all of the information that is available, as it is available to the
staff. She stated that she was not comfortable with the decision to go with gas
airconditioning; the only information the Council had at the time was the report
by R.W. Beck which recommended gas; the Council was not told that there had been
previous studies; the question is not dishonesty on anyone's part, but that the
Council was not provided full information. She stated that Mr. Whitmire has
spent time putting together this information because he is concerned.
Council Member Mendez stated that he had suggested this morning an addendum
to the Airport bid.
Mr. Briones stated that this will be investigated and if possible, an
addendum would be sent out.
There being no further business to come before the Council; on motion by
Council Member Slavik; seconded by Council Member Strong and passed unanimously;
the meeting was adjourned at 6:55 p.m., April 22, 1986.
/td
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 April
22, 1986, which were approved by the City Council on April 29, 1986.
WITNESSETH MY HAND AND SEAL, this the it() day of
w
Armando Chapa City Secre7.ry
City of Corpus Christi, Texas
Luther Jones, MAYOR