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HomeMy WebLinkAboutMinutes City Council - 08/19/1986PRESENT: Mayor Luther Jones Mayor Pro Tem Dr. Jack Best Council Members: David Berlanga, Sr. Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 19, 1986 2:00 P.M. City Manager Craig McDowell City Attorney Hal George City Secretary Armando Chapa Absent Leo Guerrero Mayor Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Dr. Paul Watson of Morgan Avenue Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member McComb. City Secretary 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 Slavik that the minutes of the Regular Council Meeting of August 12, 1986 be approved as presented; seconded by Council Member Mendez; and passed unanimously. * * * * * * * * * * Mayor Jones announced a presentation by Mr. Ron Payne. Mr. Payne stated that he is the Chairman of the Post -Secondary Education Task Force, which is also comprised of Tony Bonilla, John Crutchfield, Pat Eisenhauer, and Reverend Elliott Grant. He stated that the Task Force has been meeting on a regular basis and has meet with various, informed individuals. Mr. Payne stated that the task force makes the following recommendations: a. That we pursue a four-year status for CCSU. MICROc' I MED _.mutes Regular Council Meeting August 19, 1986 Page 2 b. That the Chamber Board authorize the Task Force to pursue hiring a professional firm or individual to analyze the future educational needs of our area. c. We urge the Chamber Board to encourage better coordination among all higher education institutions in South Texas so that improved degree programs will develop expertises at each university in the region. d. We recommend that the Chamber oppose a merger between Del Mar and CCSU. On the other hand, we urge the Board to support a formalized partnership between the two institutions and an advisory committee to coordinate promotional efforts, student counseling, curriculums, faculty and student activities. e. Recommend pursuit, through our local legislative delegation, changing current state legislation that restricts students from attending CCSU until 60 hours of study have been completed. f. Recommend support of the State Coordinating Board's recommendation to the Legislature for funding for remedial education at existing state supported institutions. g• We recommend that the Chamber of Commerce support a well funded higher education program for the State of Texas. h. Work to revive the "On to Excellence Program" at CCSU. i. Support a stronger continuing education program at CCSU. j. Establish a unified voice for South Texas. k. Work with Del Mar and CCSU to establish marketing plans to attract more students to their campuses. 1. We recommend that the Task Force be continued in order to see that the recommendations made are carried out. Mayor Jones inquired if there has ever been a City in Texas that subsidized an institution. Deputy City Manager Ernest Briones stated that the Baptist Foundation owned the property where CCSU is now located; the City asked the voters to pass a bond issue to purchase the property; the issue was approved; and the City purchased and then sold the land to the State. * * * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Motions, items 1 through 9. ..mutes Regular Council Meeting August 19, 1986 Page 3 1. M86-0364 Approval of specifications and authorization to receive bids for tire recapping and section repair service for Equipment Maintenance Services. 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. Estimated annual expenditure is $75,000. Funds are available in the 1986-87 Budget. 2. M86-0365 Approval of specifications and authorization to receive bids for approximately 10,000 gallons of pavement marking paint for the Traffic Engineering Division. 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. Estimated annual expenditure is $72,500. Funds are available in the 1986-87 Budget. 3. M86-0366 Approving plans and specifications and authorizing the receipt of bids on September 10, 1986, for the demolition of the La Retama Library building. This project is proposed to be funded from the llth Year Community Development Block Grant Program. 4. M86-0367 Authorizing acquisition of a parcel of land (1/4) located on 7th Street between Elizabeth and Booty Streets from NBC Bank of Corpus Christi for $48,000 in connection with the Spohn Hospital Area Park project. Funds were appropriated from the 12th Year Community Development Block Grant Program by Ordinance No. 19395 on July 22, 1986. 5. M86-0368 Accepting the Oso Golf Course Sand Trap Improvements Project and authorizing final payment to Lord and Applegate, Inc. in the amount of $24,131.19. 6. M86-0369 Authorizing the City Manager or his designee to execute all documents related to the contract between Texas State Library and the City of Corpus Christi for Interlibrary Loan Service for the grant period September 1, 1986 to August 31, 1987. .-,mutes Regular Council Meeting August 19, 1986 Page 4 7. M86-0370 Authorizing the City Manager or his designee to enter into an agreement with the Art Community Center for a "Meet the Arts" Festival in South Bluff Park on Saturday, August 30, 1986. Compensation to the City for costs incurred will be 4% of gross receipts of on-site food and beverage sales and art booth rental fees. The Park and Recreation Board approved this event during their July meeting. 8. M86-0371 Approving the following actions on the Saratoga/Weber Public Safety Building: a. The contractor be granted a 27 day time extension to supplement 120 working days allotted for the project due to material delivery delays beyond the contractor's control. b. The project be accepted and final payment of $26,355.70 be authorized to the contractor, Hunt Construction Company, Inc. The total construction cost of this 1982 Bond project is $263,557. 9. M86-0372 Approving a contract with Dr. M. Dee Koch, Police Psychologist, for psycho- logical services to the Police Department, including counseling of recruits, officers, families of officers, and testing/evaluation/ certi- fication of Police applicants, jailors, and reserves. The contract amount is $33,325 with services billed at $25.00 per hour. Funds are available in the Police Operating Budget. In response to a question from Mayor Jones regarding item 4, acquisition of land for the Spohn Hospital Area Park Project, Assistant City Manager Tom Utter explained that after this parcel is acquired, there will be funds remaining from the CDBG allocation to purchase playground equipment. In response to Council Member Slavik's question, Mr. Utter explained that there would be approximately $10,000 to $12,000 remaining. Regarding item 1, tire recapping service, Council Member Slavik inquired if this is less expensive, and Mr. McDowell replied in the affirmative, pointing out that this is an annual contract. Council Member Berlanga referred to the demolition of La Retama Library (item 3) and inquired if there is a report on this. Mayor Jones stated that making this area a park is one of the nicest things that could happen in the downtown area. minutes Regular Council Meeting August 19, 1986 Page 5 Mr. Berlanga asked what was going to be done with the tunnel, and Mr. Lontos stated that there are plans for the general area, but this item relates only to the demolition of the building. Council Member Mendez questioned the reason for lowering minority business enterprise participation to 47, since the specification standard is 107. Mr. Lontos stated that this figure was lowered because it was felt that a general contractor would have a minimum amount of work to be subcontracted to a minority. Council Member Mendez stated that the MBE participation should be 107, and Mayor Jones stated that he sees no problem with the Council agreeing to 107. Mr. Lontos stated that the specifications could be changed. Mayor Pro Tem Best inquired if the general contractor is a minority, would he have to subcontract 10% to an Anglo firm, and Mr. Lontos stated that that would not apply. Council Member Mendez stated that the 107 MBE participation is in the specifications. Dr. Best stated that Anglos are the minority in Corpus Christi. In response to a question from Council Member McComb, Mr. Lontos explained that if the contractor is not a minority, he has to subcontract either 4% or 10% of the work. Council Member Mendez made a motion that MBE participation be at 10% for the demolition of the Library; seconded by Council Member Berlanga; and passed unanimously. In response to a question from Mayor Jones regarding the cost of insurance for "Meet the Arts" Festival in South Bluff Park, (item 7), it was determined that the insurance cost the Art Community Center $150.00 A motion was made by Council Member Mendez to approve items 1 through 9; seconded by Council Member Berlanga; and passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Slavik voting "aye"; Strong absent at the time the vote was taken; Guerrero absent. City Manager McDowell informed the Council that the cost estimate for the demolition of La Retama Library is $100,000, not $75,000 as listed in the support material. * * * * * * * * * * * * * ..,nutes Regular Council Meeting August 19, 1986 Page 6 Mayor Jones called for consideration of the Consent Ordinances, 10 through 21A. At the Mayor's request, Mr. Utter provided the Council with background information regarding Ordinance 17, change of zoning "B-1" to "R -1B", Washington Addition. He stated that Staff will initiate another zoning change request on this property in order to allow the Council to grant a special permit for a service station, excluding the sale of alcoholic beverages. In response to a question from Council Member Slavik (ordinance 13), Mr. Utter stated that he would find out who owned the School of Sailing. City Secretary Chapa informed the Council that Ordinance 13 is a first reading ordinance, not an emergency ordinance as indicated on the agenda. In answer to Council Member Berlanga (ordinance 13), Mr. Utter stated that a percentage of gross receipts is not being charged because this is a small building; therefore, a lease will be executed and rent will be charged. Council Member McComb referred to Ordinance 14, assignment of baitstand, and stated that the Council had passed a resolution to give contracting authority to the State Land Office. *Assistant City Manager Hennings informed the Council that a resolution was passed, but was rescinded by the Council the following week after passage. Mr. Hennings explained that the lessee is selling the business to another indivi- dual; the current lease is still in effect; and this will also acknowledge completion of required improvements, automatically extending the lease until September 1, 1996. Council Member McComb reiterated that the Council had passed a resolution authorizing the State to negotiate the leases, and Mayor Jones requested copies of the minutes where the Council passed and rescinded the resolution referred to by Mr. McComb. Council Member Strong stated that she had previously brought the subject to the Council's attention because there was a question as to who actually controlled the land. She stated that the Council's action was for a long-range plan and that plan created negative feelings with the State Highway Department. She stated that the City did not want to be placed in the middle as to who controlled the land. *Motion #M86-0115, March 4, 1986, authorized staff to develop a master recrea- tion plan for the John F. Kennedy Memorial Causeway. On May 27, 1986, a motion was made by Council Member Strong, seconded by Council Member Slavik and passed unanimously, that the City cease plans to develop a Master Plan study for the land along the causeway between Flour Bluff and Padre Island. On June 17, 1986 an ordinance cancelling Coastal Public Lands leases was withdrawn from consider- ation until more information could be provided to the Council. _.inutes Regular Council Meeting August 19, 1986 Page 7 Mr. McComb reiterated that he did not remember rescinding the resolution. Mr. Hennings pointed out that this particular lease is not on the highway right-of-way. Council Member Strong referred to Ordinance 20 (a lease with the Parks and Wildlife Department for a tract of land at Lake Corpus Christi State Park for recreational purposes), and inquired if the contract would be valid if the recommended action by the State to close the park goes into effect. City Attorney George stated that he would have to read the lease, but it would be subject to the State keeping the park open. Council Member Strong referred to the emergency posting (Ordinance 21A) regarding settlement of claims on the Oso Plant Expansion Project, Contracts 4 and 5, and stated that she thought this was a contract balance rather than a settlement of claim. She stated that the wording of the item is misleading. City Attorney George stated that the Council is giving the claimant the retainage, which they are taking as settlement of claim. In response to Council Member Slavik's question, Mr. George stated that the City is paying $314,850, and that is the only amount above what the contract is worth. There were no comments from the audience; City Secretary Chapa polled the Council for their votes; and the following ordinances were approved. 10. ORDINANCE NO. 19444 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH T & H DEVELOPMENT, INC. FOR THE CITY'S SHARE OF CONSTRUCTION COST FOR PAVING IMPROVEMENTS ON BRENTRIDGE DRIVE AND RIDGE VIEW DRIVE WHICH BOUND THE DEDICATED PARK; APPROPRIATING $7,645.35; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent. 11. ORDINANCE NO. 19445 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH VALERO TRANSMISSION COMPANY FOR PIPELINE ADJUSTMENTS IN CONNECTION WITH THE McNORTON DRAINAGE OUTFALL PROJECT; APPROPRIATING $95,000; AND DECLARING AN EMERGENCY. .,mutes Regular Council Meeting August 19, 1986 Page 8 The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent. 12. ORDINANCE NO. 19446 AUTHORIZING REIMBURSEMENT OF $12,857.32 TO THE MURRAY GROUP AND SOUTHERN NATIONAL BANK FOR THE INSTALLATION OF APPROXIMATELY 758 LINEAR FEET OF 8 INCH AND 10 INCH DIAMETER SANITARY SEWER COLLECTION LINE; APPROPRIATING $12,857.32; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent. 13. FIRST READING AUTHORIZING THE EXECUTION OF A SERVICES CONTRACT WITH THE CORPUS CHRISTI INTERNATIONAL SCHOOL OF SAILING IN THE OFFICE BUILDING ON THE COOPER'S ALLEY L -HEAD, The Ordinance was read for the first time and passed to second reading as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent. 14. ORDINANCE NO. 19447 CONSENTING TO THE ASSIGNMENT OF THE RAINBOW BAIT STAND LEASE FROM ROBERT J. HEIM TO MR. AND MRS. THOMAS W. WAIT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent. 15. ORDINANCE NO. 19448 CLOSING AND ABANDONING A PORTION OF THE 10 FOOT WIDE UTILITY EASEMENT IN LOT 26, BLOCK 1, WINDSONG SUBDIVISION UNIT 2, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent. 16. ORDINANCE NO. 19449 CLOSING AND ABANDONING THE 15 -FOOT WIDE PUBLIC ALLEY IN BLOCK 3, BAY VIEW ADDITION UNIT 3, SUBJECT TO THE ENTIRE WIDTH OF THE ALLEY BEING RETAINED AS A UTILITY EASEMENT; AND DECLARING AN EMERGENCY. ..inutes Regular Council Meeting August 19, 1986 Page 9 The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent. 17. ORDINANCE NO. 19450 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CITY OF CORPUS CHRISTI BY CHANGING THE ZONING FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT ON LOT 1A, BLOCK 3, WASHINGTON ADDITION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent. 18. FIRST READING AMENDING ORDINANCE NUMBERS 16232 AND 15371 AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH ISLAND ENTERPRISES, INC., FOR THE SALE OF TRAVEL INSURANCE AND HANDLING OF TRAVEL RESERVATION TICKETS. The Ordinance was read for the first time and passed to second reading as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent. 19. SECOND READING AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH FIESTA DEL SOL, INC. FOR TWO TRACTS OF LAND LOCATED ON C.C. BEACH. The Ordinance was read for the second time and passed to third reading as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent. 20. SECOND READING AUTHORIZING THE CITY MANAGER TO RENEW A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR LEASE BY THE TEXAS PARKS AND WILDLIFE DEPARTMENT OF A PART OF A 1.23 ACRE TRACT OR PARCEL AT THE SOUTH END OF LAKE CORPUS CHRISTI STATE PARK FOR RECREATIONAL PURPOSES, FOR A TERM OF FIVE YEARS AND RENEWAL FOR ADDITIONAL TERMS UPON AGREEMENT OF THE PARTIES, BEGINNING MAY 12, 1986 AND ENDING MAY 11, 1991. The Ordinance was read for the second time and passed to third reading as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent. ninutes Regular Council Meeting August 19, 1986 Page 10 21. SECOND READING AMENDING CHAPTER 53, TRAFFIC, SEC. 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 second time and passed to third reading as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent. 21a. ORDINANCE NO. 19451 AUTHORIZING THE EXECUTION OF AN AGREEMENT PARTIALLY SETTLING CAUSE NO. 84-3818-B, PERMIAN/REPUBLIC--A JOINT VENTURE V. CITY OF CORPUS CHRISTI, TEXAS, AND ENVIRONMENTAL ELEMENTS CORPORATION, AND CAUSE NO. 85-2041-B, F & E ERECTION CO., INC. V. CITY OF CORPUS CHRISTI, BY PAYING TO PERMIAN/ REPUBLIC ITS CONTRACT BALANCE OF $460,145.73 IN SETTLEMENT OF ITS CLAIM AGAINST THE CITY ARISING OUT OF OSO CONTRACT NO. 4, PAYMENT TO F & E ERECTION OF $314,850 IN SETTLEMENT OF SOME OF ITS CLAIMS AGAINST THE CITY; APPROPRIATING $233,290; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent. * * * * * * * * * * * * * * * Assistant City Manager Lontos explained that ordinance 22 affects the speed limits in school zones; this will allow for setting the speed limit not less than 15 miles per hour below the posted speed limit; and this is widely used in the State of Texas. In response to a question from Council Member Strong, Mr. Lontos explained that on residential streets the speed limit is 30 m.p.h.; therefore, the school zone speed limit will remain 15 m.p.h.; i.e., 15 m.p.h. below the posted speed limit. Council Member Strong inquired if the School Board is aware of this proposed ordinance, and Mr. Lontos stated that he did not know if the Board was aware, but the school administration is, and they are neither opposed to it nor do they endorse it. Council Member McComb pointed out that the ordinance will have two more readings. There were no comments from the audience; City Secretary Chapa polled the Council for their vote; and the following was approved: ,.mutes Regular Council Meeting August 19, 1986 Page 11 22. FIRST READING AMENDING CHAPTER 53, TRAFFIC, SECTION 53-2, DEFINITIONS, SECTION 53-77, FLASHING SIGNALS, AND SECTION 53-113, SPEED IN SCHOOL ZONES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The Ordinance was read for the first time and passed to second reading as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent. * * * * * * * * * * * * * * * 23. Contractual Annexation - 36.8 acre tract of land out of Nueces River Irrigation Park Annex No. 2, owned by Reagan & Associates. Mr. Larry Wenger, Director of Planning, displayed the area on a transpar- ency; he stated that this property is located west of the intersection of FM 624 and Highway 77; it contains 113 residential lots comprising 32 acres; 4 acres of commercial property; it has been prezoned "B-4"; the 113 lots will be annexed as single-family development; there is a dedicated park; streets and utilities have been installed; and the property is awaiting annexation before development commences. In response to Council Member Slavik's question, Mr. Wenger stated that the area will be served by the Allison Wastewater Treatment Plant. Mr. Wenger explained that prior to the contractual annexation and the hearing before the Council, the property goes through the platting process and is reviewed by various City departments regarding utility and other services. Council Member Mendez asked when this annexation would be submitted to the Justice Department, and Mr. Wenger stated that it would be submitted in four weeks. Council Member Mendez asked what comments are received from the Justice Department regarding the City's annexations, and City Attorney George stated that the Justice Department submits a letter to the City that it offers no objections to the annexation, but that this does not preclude an individual from objecting. There were no comments from the audience; a motion was made by Council Member Strong that the hearing be closed; seconded by Council Member Pruet; and passed unanimously. Mr. Wenger stated that the first reading of the ordinance authorizing execution of a contract for the annexation would be on the Council's agenda next week. * * * * * * * * * * * * * * * ,.mutes Regular Council Meeting August 19, 1986 Page 12 Mayor Jones announced the following public hearing: 24. Opening of O'Neill Street, from Stone Street to First National Boulevard. Assistant City Manager Lontos provided the Council with drawings of different alternatives for the street opening. He stated that the bond election provided funds for the extension of O'Neill; the purpose of the opening was to make a connection between Stone Street and First National Boulevard; the concept was that once the freeway was constructed, the only access was to go down Waldron Road to the freeway and back up Flour Bluff Drive; and O'Neill Street will provide better access for the subdivision to the commercial businesses without having to access the freeway. Mr. Lontos explained that Alternative "A" provides the most direct access, but it would create a number of traffic conflicts. He stated that Compton Road is a 64 -foot wide street and the O'Neill extension is contemplated to have a 28 -foot wide section; therefore, the regular "T" intersection would not exist, and Traffic Engineering does not recommend this alternative. Mr. Lontos explained that Alternative "B" does not go directly to Compton, but is moved over to some degree to allow O'Neill to have a normal "T" intersec- tion at First National Boulevard and allows for signalization. He stated that Staff feels this is a more reasonable connection. Mr. Lontos explained that Alternative "C" moves the extension further out from the intersection and is not recommended. He stated that this alternative would require acquisition of one lot and would create an intersection into the subdivision. Mr. Lontos explained that Alternative "D" is similar to "C" but the connection at Stone Street creates another intersection. Mr. Lontos summarized his presentation by stating that Staff recommends Alternate "B" because it provides a good intersection and ties directly into O'Neill at the Stone Street intersection; development could take place on both sides of the proposed extension; Staff is willing to work with the property owners on the location of the street as long as there are no large curves in the road. He stated that Staff feels the street is needed, particularly to provide access to the commercial areas and to provide a secondary route after the freeway is developed. In response to Dr. Best's questions, Mr. Lontos stated that Alternate requires acquisition of Lot 21, and the subdivision is developed. "Bu Council Member Berlanga stated that he is familiar with the area; it is one of the nicest natural habitats; if it can be avoided, he does not want the area with the trees destroyed; and he prefers Alternate "C". Mr. Mike Kendrick, representing Sunshine Park, owners of the land where the proposed street will be constructed, stated that he does not object to the ..mutes Regular Council Meeting August 19, 1986 Page 13 concept, but Alternate "A" would destroy any use for the property on the south side of the proposed street. He stated that at this time, he is unable to comment on Alternates "C" or "D." Mr. Jack Ratkovic, 13911 Seahorse, stated that this road is needed to provide access to Flour Bluff Drive. Ms. Marie Spear, Flour Bluff Sun, stated that Flour Bluff needs internal access after the freeway is completed; the money for the extension of O'Neill was provided through the bond issue; additional money could be acquired through the recent allocation of CDBG funds; and she suggested that the street be constructed on the other side of the trees that are located on the lot. Mr. H. J. Floyd, 1233 Stone, objected to the fact that the notices mailed to the property owners showed only one alternative. He suggested that the fire lane located south of the subdivision be used for the extension from Flour Bluff Drive to Compton Road. Discussion followed regarding the fire lane, and Mr. Lontos stated that there is an Exxon easement adjacent to O'Neill. Mr. Floyd stated that there is no rush on this street extension and he does not want the trees cut down. Mrs. Jean Thornton, 1238 Stone, stated that she is opposed to Alternate because it will affect 7 people. She related an incident regarding the trees, and stated that she did not want these cut down. "A" oak Mrs. Addie Barta, 1301 O'Neill, owner of the property involved, also objected to the destruction of the trees and suggested that consideration be given to constructing the street in the fire lane located behind O'Neill Street. Mr. Lontos stated that the staff will investigate that alternative but pointed out that somehow the subdivision must be tied into it. Mayor Jones suggested that the members of the Council go out to Flour Bluff and examine the area on site. Mr. Adolph Barta, 1301 O'Neill, stated that he owns Lot 21 where the street is proposed and informed the Council that it is a beautiful lot with a large number of trees. He provided the Council with photographs of the lot, stating that it is 70 feet wide, and if 60 feet is taken by the City for the extension of O'Neill Street, the street will be within 10 feet of his house. He expressed his concern because he and his wife have grandchildren living with them, and the close proximity of a street will present a danger to them. Mr. Barta concluded by stating that he felt that the street should be constructed on the site of the existing fire lane to tie into Compton Street and provide access to the subdivision. giinutes Regular Council Meeting August 19, 1986 Page 14 Council Member Slavik agreed that the Council needs to consider this as another alternate. Mr. Barta informed the Council that several lots adjacent to the fire lane, that would be affected by that plan are owned by a lady who has indicated that she is willing to sell her lots for the construction of a street. Ms. Connie Valle pointed out that this subdivision is a closed addition and access will be a problem when the freeway is completed unless a street is opened or extended. She expressed her preference for use of the fire lane. Council Member Strong stated that the Council does not want to direct business traffic down O'Neill Street; the construction of the freeway will create major traffic flow problems in Flour Bluff; and to construct a roadway that does not tie into Flour Bluff Drive would be shortsighted. She agreed with the Mayor that the Council Members should go out to Flour Bluff and examine the alternatives on site. In response to Council Member McComb's question, Mr. Lontos stated that there is a 40 -foot wide easement which is what he feels the residents are referring to, but they call it a fire lane. Council Member McComb stated that it would be easier to use this easement, rather than to acquire property. Mr. Lontos stated that if it is a City fire lane, it could be used, but if it is an Exxon easement, permission would have to be granted by Exxon. Mr. McComb inquired if Stone Street would be extended if the easement were useable, and Mr. Lontos stated that a connection to the subdivision is needed, otherwise the purpose of the street extension would be defeated. In response to a question from Council Member Mendez, Mr. Lontos stated that funds in the amount of $127,000 were approved for the street extension from Stone Street to First National Boulevard. Mayor Jones suggested that the hearing be recessed until next week and the Council physically review the site. Council Member Slavik suggested the Council meet at the First National Bank of Corpus Christi on Thursday, August 21, 1986, at 9:00 a.m. Council Member Strong inquired if O'Neill was to be a collector street after the extension, and Mr. Lontos stated that probably not at the present time, but if a connection is made to Flour Bluff Drive, it would be a limited size collector street. Council Member Strong stated that the whole purpose of the extension was a result of the extension of South Padre Island Drive freeway; it would be .,mutes Regular Council Meeting August 19, 1986 Page 15 shortsighted to construct a street that would not serve a purpose; and the Council does not want to do the wrong thing, but neither can this wait indefinitely. A motion was made by Council Member Mendez that the hearing be recessed; seconded by Council Member Berlanga; and passed unanimously. It was decided that the Council would meet at the bank as suggested by Mrs. Slavik, and the residents were also invited. * * * * * * * * * * * * * * * Mayor Jones announced the public hearing on two zoning cases. 25. Application No. 786-2, Church's Fried Chicken of Corpus Christi: For a change of zoning from "R-18" One -family Dwelling District with a "SP" Special Permit to "B-1" Neighborhood Business District, being a 0.581 acre area out of Lot 1, Section 5, Bohemian Colony Lands, located on the southwest corner of Trojan and Greenwood Drives. Mr. Utter stated that in response to the 19 notices of the hearing; 3 were returned in favor; none were returned in opposition; and the Planning Commission and Planning Staff recommend denial, and in lieu thereof, grant a revised special permit for a restaurant. There were no comments from the audience; a motion was made by Council Member Mendez that the hearing be closed; seconded by Mayor Pro Tem Best; and passed unanimously. Assistant City Secretary Zahn polled the Council for their vote on the ordinance effecting the zoning change as follows: ORDINANCE NO. 19452 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CHURCH'S FRIED CHICKEN BY GRANTING A REVISED SPECIAL COUNCIL PERMIT FOR A DRIVE-THRU RESTAURANT ON A PORTION OUT OF LOT 1, SECTION 5, BOHEMIAN COLONY LANDS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga absent at the time the vote was taken; Guerrero absent. * * * * * * * * * * * * * * * 26. Application No. 586-3, Calallen Baptist Church: For a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 9, Block 19, Calallen Townsite, located on the west side of Leopard Street, approximately 100' north of West Buckhorn Street. _.mutes Regular Council Meeting August 19, 1986 Page 16 Mr. Utter stated that 5 notices of the hearing were mailed; one petition in favor was received with one signature; and the Planning Commission and Planning Staff recommend denial, and in lieu thereof, grant a special permit for a 140 square foot freestanding sign. Mr. Utter stated that the actual size of the sign will be 142 square feet and staff recommends approval. There were no comments from the audience; a motion was made by Council Member Mendez that the hearing be closed; seconded by Mayor Pro Tem Best; and passed unanimously. Assistant City Secretary Zahn polled the Council for their vote on the ordinance effecting the zoning change as follows: ORDINANCE NO. 19453 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CALALLEN BAPTIST CHURCH BY GRANTING A SPECIAL COUNCIL PERMIT FOR A FREESTANDING SIGN ON LOT 9, BLOCK 19, CALALLEN TOWNSITE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent. * * * * * * * * * * * * * * * A motion was made by Council Member Mendez that the absence of Council Member Guerrero be excused; seconded by Mayor Pro Tem Best; and passed unanimously. Discussion followed among the Council regarding absences. City Attorney George read Article II, Section 14 of the City Charter as follows: "Should any commissioner absent himself from three (3) regular successive meetings of the city council, as fixed by ordinance without leave of absence first had, except in case of sickness, or other circumstances over which he had no control, the city council shall have power to declare such office vacant, and shall immediately appoint some suitable persons having the qualifications herein prescribed to fill such vacancy." * * * * * * * * * * * * * * * __.lutes Regular Council Meeting August 19, 1986 Page 17 Mayor Jones called for petitions from the audience. Mr. Clay Moore stated that a bond issue, in his opinion, for a four—year university would be approved by the voters, but that the timing of such an issue would be important. * * * * * * * * * * * * * * * There being no further business to come before the Council, on motion by Mayor Pro Tem Best, seconded by Council Member Pruet and passed unanimously, the meeting adjourned at 3:58 p.m., August 19, 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 August 19, 1986, which were approved by the City Council on August 26, 1986. WITNESSETH MY HAND AND SEAL, this the /17)‘day of &C. / f /L . Armando Chapa City Secretary City of Corpus Christi, Texas