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HomeMy WebLinkAboutMinutes City Council - 03/10/1987MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 10, 1987 2:00 P.M. PRESENT Mayor Luther Jones Mayor Pro Tem Dr. Jack Best * Council Members: David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik ** Linda Strong City Manager Craig McDowell City Attorney Hal George City Secretary Armando Chapa Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend William Schuster of Mt. Olive Lutheran Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Frank Mendez. City Secretary Armando Chapa called the roll and verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. A motion was made by Council Member Berlanga that the Minutes of the Regular Council Meeting of March 5, 1987 be approved as presented; seconded by Council Member Strong; and passed unanimously. Mayor Jones acknowledged Mr. Daniel Martinez of the Valero Refining Company and stated that Council Member Leo Guerrero would accept the check because the idea for Operation Heat Help started on a recommendation from Mr. Guerrero. Mr. Danny Martinez then presented a check to the City Council in the amount of $1,000. He expressed pleasure in making this contribution on behalf of all the Valero employees. He stated that Operation Heat Help has been a great success. Council Member Guerrero noted that Danny Martinez and Valero Energy were present at the inception of the program in 1984. He stated that there were no finances for this operation and Valero started them off with seed money. He mentioned that this year alone over $40,000 was spent on Operation Heat Help. MICROFILMED Minutes Regular Council Meeting March 10, 1987 Page 2 Mayor Jones asked Council Member Guerrero to explain to the audience what Operation Heat Help is and how they can participate. Council Member Guerrero explained that citizgns may participate by indicating on their bill that they wish to participate; that money is given to the City of Corpus Christi for the elderly, people with low income or people on fixed incomes; and those people are qualified by the county for assistance in paying their bills. Mayor Jones then asked Danny Martinez to tell the audience about Valero. Mr. Martinez stated that Valero Refining Company employs 350 people. He explained that Valero is a refinery that produces gas. Their market is mainly on the Eastern seaboard and they purchase locally within a two county area. Mayor Jones expressed the City's appreciation for the check. * Mayor Pro Tem Best arrived at the Council meeting at 2:13 p.m. Mayor Jones announced the bid opening on the Sliplining of Oso Trunk "B" and Nile Drive Sanitary Sewers project. Mr. James K. Lontos, Assistant City Manager, explained that this is a 1986 bond election project and involves the sliplining of a major trunk line from the Oso Plant along Nile Drive to Padre Island Drive. He explained that he will be reading Section A of the bid first, then Section B and then a total of A & B. He mentioned that the total might not be a combination of A & B, but that it might be less. He noted that an addendum was issued and that it should be acknowledged in the bid. Mr. Lontos then proceeded reading the bids from the following firms: Garney Companies, Inc.; CAT Contracting, Inc.; Channel Construction Company; Insituform - Gulf South, Inc.; Jalco, Inc.; PM Construction Company; Jerdon Construction Co., Inc. Mr. Lontos verified that all companies submitting bids had also submitted the required security bond. He stated that all of the companies except Jalco, Inc. had acknowledged receipt of the addendum in their proposal. ** Council Member Mary Pat Slavik arrived at the Council Meeting at 2:20 p.m. during the bid opening. Council Member Linda Strong asked if any of the bidders were local companies and Mr. James K. Lontos informed her that apparently none of them are. Mayor Pro Tem Best questioned if the companies were aware of the sliplining problems that the City has had in the past, i.e. McArdle Road. Mr. Lontos implied that the contractors should be well aware of the difficulties that the City and the contractor had on McArdle Road, and that this project has been well prepared for. He also stated that there are four different types of pipes that the contractors can use. Minutes Regular Council Meeting March 10, 1987 Page 3 Mayor Jones expressed appreciation to the bidders for submitting bids on the City project. (The bids were tabled for forty-eight hours, pursuant to the requirements of the City charter, and referred to the Staff for tabulation and recommendation.) * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Motions 1 through 7. 1. M87-0093 Approval of specifications and authorization to receive bids for a supply agreement for HFRS-S emulsion oil to be used by the Street Division in their seal coat program. Funds were approved in the 1986-87 budget. 2. M87-0094 Approval of specifications and authorization to receive bids for three flow meters to be used by the Wastewater Division. Funds were approved in the 1986-87 budget. 3. M87-0095 Approving plans and specifications and authorizing the receipt of bids on April 7, 1987, for the reconstruction of Bimini, Samoa and Tahiti Streets in the Tropic Isles Subdivision and Belair Drive from Waldron Road westerly approximately 800 feet. 4. M87-0096 Approving plans and specifications and authorizing the receipt of bids on April 7, 1987, for the rehabilitation of the sanitary sewer system in the Saxet Heights area. 5. M87-0097 Accepting the Tourist Information Center project and authorizing final payment of $21,812.60 to Coleman -Roth Construction, Inc. 6. WITHDRAWN (See Page 5) Amead#ng -re-Stitt- -the --et-41-rigreat-i-ng--a--tatkniel-pal-pebIe e�e-P�ogreer-tb-�1$r#€}�-eke-strekor#t�--crf--Eke-�4tl n#e#pe#--Art-s--{•,ommiss#o�r-E e adept -pe##e#es-end -ge#de##aes-te-4mplemeat-the -gtegramy 7. M87-0099 Minutes Regular Council Meeting March 10, 1987 Page 4 Authorizing the City Manager or his designee to apply for continued financial assistance through the Texas Parks and Wildlife Department for beach cleaning at Padre Island and to execute all necessary documents in connection with the grant. Mayor Jones inquired about Paragraph "1" of the memorandum for Item 6 where it states under program administration "that the Commission shall be responsible for advising the City Manager and the City Council on all aspects of the administration of the Municipal Public Art Program. The Commission shall be authorized to establish policies and guidelines to implement the program." Mayor Jones stated he was under the impression all these years that the City Council establishes the policies. He implied that if the Commission were establishing a policy, it should be a policy that would be subject to approval by the City Council. City Manager Craig McDowell commented that the request by the Municipal Arts Commission to delay the 3rd rdg. of the ordinance has been withdrawn. He recommended that the Council adopt the ordinance that they have before them. Mayor Jones stated that it should be the Council that sets the policy in this regard. He commented that this is just being presented as a recommendation of the Arts Committee and it is not being presented as a recommendation to the Council at it be approved. Mayor Jones then asked for comments from the audience on Item 6. Connie Freeman, Chairman of the Visual Arts Committee, pointed out that in the original guidelines that Jerry Allen wrote it states that the responsibilities of the City Council should be appropriating funds for works of art and final approval of contracts with selective artists, and that the Municipal Art Commission's responsibility would be to have overall responsibility for the project including policy and oversight. Ms. Freeman explained that they are trying to take public art out of the political arena. She stated that in the ordinance for the Corpus Christi Museum they have some autonomy and the Library Board also has some autonomy on the selection of the books which go into the public libraries. She commented she didn't think it was out of line for the Municipal Arts Commission to have autonomy on the panel selection which will choose the artists and the art work. She stated that the City Council does have the final say in that they can assign the contract or not. Council Member Linda Strong commented that the City Council should not be the body that decides on each work of art and what the medium is going to be. She stated that this is the reason for the ordinance and why the Municipal Arts Commission is involved. . She noted that a panel would be in charge of selecting the art. Their recommendation on each piece will come to the City Council who will make the final decision. Minutes Regular Council Meeting March 10, 1987 Page 5 Mayor Jones stated that the Commission is spending public money to do that and that eventually becomes a responsibility of the City Council. Council Member Strong stated that Mr. Pickering's first recommendation was to withdraw this from today's agenda and put it off until the 24th of March, but it is the Staff's opinion that withdrawing it might delay it longer than that. She asked if it was possible to approve the ordinance today, as read, with the understanding that the policies and guidelines will be discussed to see if an amendment needs to be made. City Manager Craig McDowell stated that the Council could adopt the ordinance and and amend it later. Council Member Mary Pat Slavik stated that she preferred not to amend it prior to the third reading. City Manager McDowell stated that the ordinance was prepared by the staff, it does not contain the guidelines that Ms. Freeman is referring to but states that the Arts Commission will make recommendations to the Council. Council Member Strong suggested that the Council adopt the arts ordinance as it stands, and that the Staff work with the Municipal Arts Commission on a recommendation that they both can support. She then made a motion to withdraw Item 6 from the agenda. The motion was seconded by Council Member Berlanga and passed unanimously. Council Member Frank Mendez questioned Item 4 regarding approving the plans and specifications for the rehabilitation of the sanitary sewer system in the Saxet Heights area. He stated that the construction costs are $375,000 and that there is only $200,000 available for this project. Assistant City Manager Lontos stated that he is recommending that this project be completed in one phase. In answer to Mayor Pro Tem Best's question regarding streets, curbs and gutters, Mr. Lontos explained that the streets are going to be repaired. Mayor Jones then questioned Item No. 7 regarding the grant application for beach cleaning. He asked about the season we have lifeguards on duty. Assistant City Manager Bill Hennings explained that we have lifeguards from Memorial Day to Labor Day. He commented that this particular item is just a request for $4,650 from the state. A motion was made by Council Member Mendez that Consent Motions 1 through 7, with Motion No. 6 being withdrawn, be approved; seconded by Council Member Strong; and passed unanimously. * * * * * * * * * * * * * Minutes Regular Council Meeting March 10, 1987 Page 6 Mayor Jones then called for consideration of the Consent Ordinances on Items 8 through 16. Mayor Jones inquired about Section 3 of the resolution supporting tort reform, "That the 70th Texas Legislature enact legislation that will lower the cost of insurance premiums." City Attorney Hal George explained that if Section 2 is accomplished by the Legislature, he hopes the end result will be Section 3. He stated that it will lower the cost of insurance premiums not only for cities but all entities that are involved. He stated that there are two competing interests and the Council wanted a balance type resolution. He stated cities are caught in the middle. He stated cities operate not only as a government agency but also what is known as a proprietary agency. He stated that the whole idea is to bring those areas into the same area of governmental function of a city. Mayor Jones then called for comments from the audience on the Ordinances. Mr. Bill Darby, 626 John Lee, commented on Item No. 8 regarding the tort reform resolution. He passed out copies of information and expressed concern that every person should have due course of law. He requested that the resolution be delayed until the Council has read his article. Further discussion followed, and Council Member Mendez explained that the proposed resolution pertains only to municipalities, not the problems Mr. Darby is addressing. Council Member Mendez made a motion that Item 8 on tort reform be postponed for one week so the Council could have time to look at the material left by Mr. Darby. The motion was seconded by Council Member Slavik and the remaining Council Members voted against it. The motion failed. There were no further comments on the consent ordinances. City Secretary Armando Chapa polled the Council for their votes; and the following ordinances were passed. 8. RESOLUTION NO. 19659 SUPPORTING TORT REFORM AND LOWER INSURANCE PREMIUM COST; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Resolution passed by the following vote: Jones, Best, Berlanga, McComb, Pruet, and Strong voting, "Aye," and Guerrero, Mendez, and Slavik voting, "No." Minutes Regular Council Meeting March 10, 1987 Page 7 9. ORDINANCE NO. 19660 APPROPRIATING $56,000 FROM THE MAINTENANCE SERVICES FUND TO THE CAPITAL OUTLAY ACTIVITY FOR THE PURCHASE OF SIX REPLACEMENT VEHICLES IN THE VEHICLE LEASE PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Resolution passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 10. ORDINANCE N0. 19661 APPROPRIATING $95,969.36 TO SUPPLEMENT $146,254.93 REMAINING FROM EXISTING CONTINGENCY APPROPRIATIONS TO VARIOUS PROJECTS AS SHOWN ON EXHIBIT "A" TO REIMBURSE THE GENERAL FUND FOR ENGINEERING SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Resolution passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 11. ORDINANCE NO. 19662 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE CITY'S SHARE OF CONSTRUCTION COSTS FOR TWO BOX CULVERTS LOCATED ON FM 2292 BETWEEN HIGHWAY 44 AND LEOPARD; APPROPRIATING $10,837; AND DECLARING AN EMERGENCY. The Charter Rule was suspensed and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 12. ORDINANCE NO. 19663 AMENDING CHAPTER. 2, ADMINISTRATION, OF THE CITY CODE, BY CREATING A NEW SECTION 2-109, MUNICIPAL PUBLIC ART PROGRAM, WHICH AUTHORIZES THE ALLOCATION OF CERTAIN FUNDS FOR ART IN THE CONSTRUCTION OF PUBLIC WORKS, PROVIDES FOR REVIEW OF SUITABLE CAPITAL PROJECTS AND FOR AN ARTIST SELECTION PROCESS, AND ESTABLISHES A METHOD FOR CALCULATING ART APPROPRIATIONS FOR CAPITAL PROJECTS: PROVIDING FOR SEVERANCE: PROVIDING FOR PUBLICATION. The Ordinance was passed on its Third Reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." Minutes Regular Council Meeting March 10, 1987 Page 8 13. ORDINANCE NO. 19664 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI LAND VENTURE ASSOCIATES FOR THE ANNEXATION OF APPROXIMATELY 20,500 SQUARE FEET OF LAND BEING A PORTION OF LOTS 26 AND 27, SECTION 6, FLOUR BLUFF ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS: FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO: PROVIDING FOR SEVERABILITY. The Ordinance was passed on its Third Reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 14. ORDINANCE NO. 19665 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI DEVELOPMENT CORPORATION FOR THE ANNEXATION OF APPROXIMATELY 3.37 ACRES OF LAND BEING A PORTION OUT OF LOTS 17 AND 18, SECTION 21, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The Ordinance was passed on its Third Reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 15. ORDINANCE NO. 19666 ANNEXING A 20,500 SQUARE -FOOT TRACT OF LAND OUT OF LOTS 26 AND 27, SECTION 6, FLOUR BLUFF ENCINAL FARM AND GARDEN TRACTS, OWNED BY CORPUS CHRISTI LAND VENTURE ASSOCIATES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 16. ORDINANCE NO. 19667 ANNEXING A 3.37 ACRE TRACT OF LAND OUT OF LOTS 11 AND 18, SECTION 21, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, OWNED BY CORPUS CHRISTI DEVELOPMENT CORPORATION; AND DECLARING AN EMERGENCY. The Charter Rules was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." Minutes Regular Council Meeting March 10, 1987 Page 9 Mayor Jones then referred to Item 17 authorizing the expenditure of $750,000 allocated in the 1986 Bond Program for improvements to Whitecap Boulevard to be utilized to participate with Lake Padre, Ltd. for construction of Whitecap Boulevard. City Manager McDowell stated that in the Bond Program there was $750,000 approved to reconstruct Whitecap Boulevard. During that process and as a result of a plat being filed with the Planning Commission for processing, the Lake Padre Development Corporation is suggesting an alternate route. The Staff has reviewed this and recommends that the Council approve Alternate 1/2 which is the construction of Whitecap Boulevard in the new alignment as a 62 -foot wide street, within 120 feet of right-of-way, with curb, gutter and sidewalk. Estimated cost - $875,250; City's participation would be $750,000. Assistant City Manager Lontos showed slides of the alignments regarding Whitecap Boulevard. He stated that the portion which was in the Bond Program was Park Rd. 22 and that it provided $750,000 for the reconstruction of the street. At the public hearing it was recommended to change the location of the street so that it would provide direct access to the beach. He stated that if the City of Corpus proceeds in constructing Whitecap Boulevard at the present location it would spend all and more of the money that was voted in the 1986 Bond Program. He implied that by changing the location of Whitecap Boulevard, it would be in the City's best interest to put the road in a new location to provide for direct access to the beach. He recommended that the City put in $750,000 towards the project and the developer put up the difference and that assessments be levied on the abutting property owners. Council Member Strong indicated that the new road would be a major plus as far as traffic circulation is concerned. She then made a motion to approve Item No. 17; seconded by Council Member Guerrero. Mayor Jones then called for comments from the audience on Item No. 17. Elizabeth Walker, 13969 Dos Marinas, expressed appreciation to the City Council for taking positive action on Whitecap Boulevard. She observed a new awareness, sensitivity and action on the part of the City Council. She publicly acknowledged appreciation to Linda Strong, Bill Pruet, Craig McDowell, Victor Medina, Juan Garza and Tom Utter. The motion passed unanimously. * * * * * * * * * * * * * City Manager McDowell advised the Council that his Staff has been observing the economic situation very closely and implied that the assessment for next year may be down substantially and they foresee a downturn in the sales tax. He commented that his Staff will be reviewing the expenditure among the departments and suggested belt tightening in order that we finish this fiscal year in a positive position. * * * * * * * * * * * * * Minutes Regular Council Meeting March 10, 1987 Page 10 Mayor Jones called for petitions or information from the public on items not listed on the agenda. Mr. Sam Granato, 1810 Kentucky Derby, commented on and agreed with certain expenditures on City projects but had difficulty in accepting some of the problems the Police Department, where he is employed, is experiencing. He stated that he understood that the department is $500,000 to $700,000 short in the budget. He wanted to know why these expenditures are not being addressed by the Council and if the Council was aware of this. He expressed concern among the police employees that there were going to be cutbacks, a shortage in police personnel, equipment and various other items. He wanted the Council to look into these matters and advise the Community. Mayor Jones suggested that he address a letter to the Council and the Council would respond in writing. There being no further business to come before the Council, a motion was made by Council Member Strong, seconded by Council Member McComb, and passed unanimously that the meeting be recessed at 3:47 p.m. until the public hearing that evening. * * * * * * * * * * * * * Mayor Luther Jones reconvened the regular Council Meeting at 6:48 p.m. and introduced the Council Members and Staff. He stated that the subject of the Public Hearing was to consider amendments to the drainage and transportation plans for the Blanche Moore property which is located on South Padre Island Drive and Williams Drive and extends from South Staples Street to Everhart Road. Mayor Jones explained the advantages of developing the tract which will generate a large increase to the tax roll, provide 600 permanent jobs, and estimated annual sales of $68 million in the shopping center. Mayor Jones also noted that according the Mrs. Blanche Moore's will, 8 percent of the profit from the tract will be allocated to support children in Corpus Christi and the Coastal Bend area. He continued by stating that the issue to be considered is which alternative would be the most advantageous to the largest number of people without violating the rights of citizens. He stated that he preferred alternative "A" for the extension of Corona Street to Williams Drive along and behind the Board of Realtors' property and then using Williams as a 48 -foot wide street to provide circulation and access. He noted that according to this plan, Williams Drive between Staples Street and Everhart Road would become a collector street similar to Staples Street. Mayor Jones explained the plan by stating that the advantages of this plan would be to encourage the development of the tract, generate more money and subsequently increase the tax base on the property, and provide a street 40 feet wide with two lanes in each direction and terminate Corona Drive at Williams Street at this time. Re then called for comments from the public. Minutes Regular Council Meeting March 10, 1987 Page 11 Mrs. Sandy E. Lucio, 5106 Williams Drive, stated that she is the Chairperson of Gardendale Neighborhood Association and was speaking on behalf of that group. She stated that their group endorses plan "B" as recommended by the Planning Commission and which would reduce Williams Drive from Everhart Road to Burton Lane to a 28 -foot wide street so as to preserve the residential character of the area and would retain Betty Jean Street as a dedicated collector to South Padre Island Drive with Corona Drive to intersect Williams Drive at a point close to Burton Lane. Mrs. Lucio stated that they are of the opinion that plan "B" would eliminate safety hazards for their children; it would relieve traffic congestion and preserve the neighborhood atmosphere. She reiterated that they object to a collector street running adjacent to their homes. Mrs. Marilyn Sansom, 4429 Hamlin Street, representing her father who lives at 4834 Williams Drive, stated that he is very content in this quiet residential subdivision, but this peaceful atmosphere was changed in January when they learned that the City Council planed to extend Corona down to Williams Drive and that plan would destroy her father's home. She expressed concern that this City Council does not listen to the people and this is a prime example of that impression. She stated that if Corona Drive needs to be extended, it should go through the Blanche Moore tract. She too pointed out that Williams Drive was designed to be a residential street, not a major collector street. Mrs. Sansom continued by stating that while they are not opposed to development of the Blanche Moore tract, they are of the opinion that many problems would exist in a development that would include a large Target store, a restaurant and many other businesses that are probably not needed. She stated that she endorses plan "B" except that the curve should be removed so that none of the homes will be destroyed. She also urged that a decision be made tonight so that the people in the area would know what to expect. Also speaking in favor of plan "B" was Mr. Fernando J. Cyr, 5129 Williams Drive, who also objected to widening Williams Drive to become a collector street rather than extending Corona through the Blanche Moore tract. Mrs. Beverly Ware, 4838 Williams Drive, also objected to the widening of Williams Drive to a four -lane street, stated that she was in favor of developing the Blanche Moore tract, but expressed the opinion that the street should be extended through that tract as shown on the Master Transportation Plan. She then presented a petition contained 264 signatures of Gardendale residents expressing opposition to the widening of Williams Drive and expressing support of plan "B". Other residents speaking in favor of plan "B" were Mr. William Hollingsworth, 5422 Bonner Drive; Mr. Dick Gibson, 5125 Williams Drive; Mr. Tony Tomison, 4909 Curtis Clark Road; Mr. J. J. Waid, 5338 Williams Drive; and Mrs. Dorothy Baker, 5321 Curtis Clark. Minutes Regular Council Meeting March 10, 1987 Page 12 Mayor Jones interrupted the comments by members of the audience and asked Assistant City Manager Lontos to explain how many homes will be closed in each plan. Mr. Lontos explained that plan "A" would have an impact on six lots in addition to those two owned by the Board of Realtors, and plan "B" will have impact on five lots and part of one other lot. Mayor Pro Tem Best noted that a number of people had mentioned extending a street through the school parking lot which would not damage any homes, and Mr. Lontos explained that that plan would have a great deal of impact on the developers. Mrs. Jan Patton, 5250 Williams Drive, President of the Corpus Christi Board of Realtors, stated that the Board's property would be adversely affected by the Staff's proposed plan. She agreed with all of the speakers who had indicated their preference for plan "B" and explained that when they had started talking about this development with the City Council and the Planning Commission, they encouraged that a compromise be worked out. She noted that alternative "B" as proposed by the Planning Commission emerged as a wise compromise to alleviate traffic problems and still maintain the integrity of the Williams Drive neighborhood. She urged that plan "B" be implemented even though part of the Board's property would be reduced. Mrs. Patton continued by stating that in the interest of good traffic flow for the future, they wanted the tract developed but she felt that wise decisions should be made about the traffic that will be generated. She assured the Council that the Board of Realtors is willing to go forward with giving up some of their property in order to have plan "B" developed because they felt that it would be in the best interest of the residents of Gardendale. Ms. Olga Flores, 5322 Williams Drive, stated that she had lived there for twenty-six years but she is willing to go along with changes. Mr. Sam Handy, 5117 Williams Drive, and Mrs. Carmen Flores, 5029 Curtis Clark Drive, both agreed that plan "3" should be adopted. Mr. Ned Holmes, 5 Post Oak Park, Houston, Texas, stated that he is Chairman of Parkway Investments, the developer. He stated that he is sure that many of the citizens are concerned about this development and the traffic that will be generated in this subdivision but assured the members of the audience that they have had a great deal of experience in developing commercial areas in other cities in the state. He stated that they do not feel it is beneficial to the development for it to be oriented to the Gardendale subdivision and they want to discourage cut -through traffic. He assured them that the orientation of the development would be towards South Padre Island Drive and most of the traffic will be generated there. He stated that a wall will be constructed at the back of the development next to the residential neighborhood. He also stated that their proposal would make Betty Jean and one other street private Minutes Regular Council Meeting March 10, 1987 Page 13 streets which they will control and which will keep traffic from exiting into the neighborhood. He assured the Board of Realtors that they did not want to purchase any of their property because they have more than enough property on the Blanche Moore tract. He also noted that a delay in a decision would be detrimental to the developer and urged that the Council make a decision tonight. He assured the Council that they will attempt to create a first-class development which will increase the values in the area. He also stated that their developments control landscaping, architecture, setbacks, etc. and he feels that the entire City will be proud of this shopping area. He stated that they also would like to propose dead -ending Corona and Williams and although they initially supported alternative "A", they would be happy to compromise with a plan that would dead-end Williams and Corona at Everhart. Others speaking in favor of plan "B" were Mr. Mario Colmenero, 5405 Williams Drive, Mr. Noe Gonzalez, representing his mother; and Mrs. Jamie Dickson, 5323 Curtis Clark. *Council Member Mary Pat Slavik departed the meeting at 7:53 p.m. The next speaker, Mr. Sam W. Main, 922 Carmel Parkway, stated that he is here speaking as an individual. He explained that he is in the real estate business and he is certainly in favor of development of the Moore tract, but the development of this site has been handled differently from any other development of any tract in the City. Mr. Main provided examples of what he meant by stating that (1) A decision has evidently been made that the City will provide right-of-way for development by private developer; (2) The developer is asking that streets, including Betty Jean Street be designated as private streets over which they will have complete control; and he questioned if there would always be an entity to take care of those private streets. He pointed out that the City cannot enforce speed limits on private streets. Mr. Main also pointed out that the Moore property is the most valuable land in south Texas, and yet the public hearings conducted on this subject keep bringing out expressions to the effect that the developers cannot use their land to dedicate streets whereas other developers always have to do that. He expressed the opinion that if these developers cannot afford to properly develop this land and dedicate streets in the usual way, it should be delayed. Others speaking in favor of plan "B" were Mr. Terry Tober, 4926 Bonner Drive, and Mrs. Carolyn Flores, 5029 Curtis Clark Drive. Taking the opposite viewpoint was Mrs. Virginia Smith, 4534 O'Casey Street, who stated that she owns property on Williams and Bonner Streets. She stated that she does not want a street constructed behind that property and she was of the opinion that Williams Drive should be widened. Mr. Joe Adame, realtor, 1818 Graham Road, stated that he has been involved in commercial development in Corpus Christi for a number of years, particularly in this neighborhood. He pointed out that when the development first began in the area, Corona was not even a planned street, but as activity increased, Corona was extended. He suggested that Corona Drive be left as it is as well as Williams Drive. He pointed out that if it is left alone, the value of the property on Williams Drive will increase as the need arises. Minutes Regular Council Meeting March 10, 1987 Page 14 Mr. David McCaig, stated that he owns property at 5502 Williams Drive and that he agreed with Mayor Jones 100 percent. He expressed the opinion that there's no reason to continue Corona Drive across Everhart; Williams Drive should be developed as the bond issue described it with the addition of stop signs on Betty Jean and Nelson; and stated that he agreed with the residents on each end of Williams Drive whose houses are in jeopardy. He suggested that Williams Drive just be developed as planned and let the developer design streets within the tract as private streets. Ms. Sherry Knipstein, 5302 Betty Jean, stated that she had lived there since 1970; she is in favor of growth; and she is therefore in favor of Williams Drive being a 48 -foot wide paved street because she understands that a great deal of her property will be taken but she does not object to that because the neighborhood has deteriorated. The next speaker was Mr. Wayne A. Lundquist, 5042 Greenbrlar, who informed the Council that four weeks ago his firm was retained by the developer of the Moore tract to conduct a survey of the property owners on Williams Drive. He stated that he had Suzanne Scott conduct the survey and provided copies of the result of that survey with maps showing the property which indicated that 33.5 percent of the residents were in favor of option 1 of plan "A" and 33.5 percent were in favor of option 2 of plan "A." He stated that only 4 percent were in favor of option 3 of plan "B" and 4 percent were in favor of option 5 of plan "B". He described option 1 as being the plan to extend Corona and widen Williams to 48 -foot paving; option 2, extend Corona and widen Williams to 40 -foot paving; option 3, extend Corona along rear property line with 48 -foot paving and stated that option 4 which was favored by 8 percent of the property owners was not to extend Corona at all. Mr. Jesse Flores, 5213 Bonner Drive, expressed discontent that all of the discussion concerned Williams Drive. He inquired as to what would happen with the rest of the neighborhood because it is not fair for them to continue to wait for their streets to be improved until a decision has been made on Williams Drive. Mr. Lontos explained that all of Gardendale was included in the voluntary paving program in the 1986 bond program; plans are being prepared; Staff will be submitting plans for all of the street improvements in the very near future. Mr. Lontos then explained the anticipated cost to the property owners for the reconstruction of the street. Mr. Foster Edwards, 5250 Everhart, stated that he is Vice President of the Board of Realtors. Be agreed with Mayor Jones that this development is essential, but he wanted to remind the Council that whether plan "A" or plan "B" or some other plan is adopted, it makes no difference because taxes will be generated by the developers and the children of Texas will still benefit from it. He explained that the Board of Realtors had endorsed plan "8" because they felt that this was the best plan for everyone concerned. He referred to the Minutes Regular Council Meeting March 10, 1987 Page 15 suggestion to dead-end Corona at Everhart and pointed out that a traffic study conducted by Staff indicated that this was a very bad idea because it would create unusually heavy traffic at that intersection. He stated that they think that dead -ending Corona would be very unsatisfactory and he hoped that the Council would consider the traffic study that had been made on this subject. Mr. Edwards continued by agreeing that it was very shrewd for the developers to commission a study of the neighborhood to tell the City Council what the residents think. He reminded the Council that the representative of the developer had already said that they had more land than they were comfortable with, and if that is true, they should not object to giving up 60 feet on the back side for a street. Mr. Mateo Morales, 5230 Williams Drive, pointed out that they have been debating this issue for some time; the people in the neighborhood prefer plan "B"; the developer knows what he wants; and he would now like to know what the City wants. Mrs. Irma Sanchez, 4910 Williams Drive referred to the manner in which the survey was conducted and reported that she was asked if she wanted to earn more money by approving plan "A" and she stated that she informed the lady conducting the survey that she was in favor of plan "B." She expressed the opinion that the questions on the survey were presented wrong to the residents. Ms. Linda Benavides, 5217 Williams Drive, stated that she owns property also at 4925 Williams Drive. She expressed the opinion that the survey conducted by the developers shows what the people who own property really want. She stated that she felt Corona should be extended at Everhart; she would agree with dead -ending Corona and widening Williams, but she did not believe that this would be good for the future. She reiterated that Corona should be extended at the intersection of Everhart and Williams and she felt that plan "A" is the best option. Mr. Noe M. Gonzalez, 5405 Williams Drive, referred to and questioned the credibility of that survey. He pointed conducted the survey had already admitted to two mistakes people who signed the survey were merely confused. Mr. Taylor Davis, 5001 Williams Drive, stated that Suzanne Scott for the survey and he willingly signed it about what she told him. the survey conducted out that the lady who and he felt that the he was contacted by and was not confused Mrs. Grace E. Smith, 5309 Williams Drive, stated that she was one of the 33 percent who agreed to one option of plan "A." She stated that she signed that because she was of the opinion that plan "A" was preferable because the value of her property would increase with the development, and she felt that they would benefit financially from this. She agreed that Williams Drive needs to be widened and putting a street behind the residential property on Williams Drive would be a mistake. Minutes Regular Council Meeting March 10, 1987 Page 16 Mayor Jones complimented all of the citizens for their eloquence in presenting their case. Council Member Guerrero stated that the possibility of dead -ending Corona at Everhart had been mentioned. He inquired as to how that would benefit anyone at all. Assistant City Manager Lontos stated that a traffic study was conducted on Corona and Everhart and the Staff felt that the extension of Corona across to Williams is essential. A motion was made by Council Member Pruet that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. Mr. Lontos stated that if the Council desired, Mr. David Seiler, Director of Traffic Engineering Department, could provide information on that aspect. Mr. Seiler explained that they had conducted an analysis of the intersection of Everhart and Corona to determine the best signalization that would be required. He explained various types of signals that would be needed and the survey also indicated that an offset intersection would not operate effectively at all and would be very dangerous following the development of the Blanche Moore tract. He stated further that offset intersections would force the use of seven signalization instruments. Council Member Guerrero inquired if stubbing out Corona at Everhart would be advisable at all, and Mr. Seiler stated that it would be a mistake to dead-end Corona. Council Member Pruet inquired as to when Corona Drive was constructed, and Mr. Lontos stated that it was constructed as a private street about ten years ago; later because of the traffic, it was improved to City standards and dedicated as a City street. Mr. Pruet continued by stating that the Council had received information that morning which referred to another traffic study by another firm that indicated just the opposite of what Staff had stated. Mr. Lontos stated that Staff has reviewed that traffic proposal, and Mr. Tom Stewart, Director of Transportation, stated that they had examined it and discussed it with the consultant and there were a number of proposals made by that firm that Staff did not recommend. In response to a question by Council Member Strong, Mr. Seiler explained that traffic would have to exit from the development and obviously some of it would exit onto Williams Drive and some of it would exit from the private streets. .,inutes Regular Council Meeting March 10, 1987 Page 17 Further discussion followed, and Mr. Lontos noted that in plan "A" Betty Jean Street would tie into Williams Drive as a private street. Council Member Berlanga inquired about other streets that will be on the Blanche Moore tract, and Mr. Lontos stated that there will be street connections for Nelson Lane, Betty Jean Drive and Burton Lane. Mayor Pro Tem Best asked Mr. Seiler about studies made with plan "B" and specifically asked if plan "B" would handle the greatest amount of traffic, and Mr. Seiler stated that it would because there would be two connections on Staples Street and Everhart Road. Mayor Pro Tem Best inquired if that would be the most efficient way of handling all of the traffic, and Mr. Seiler stated that that is correct. Mayor Pro Tem Best summarized the situation by stating that plan "B" would provide better traffic control; the developer would lose some land; the Board of Realtors would lose a little bit of land but were satisfied with that plan. Mayor Pro Tem Best then made a motion that the Council accept plan "B". The motion was seconded by Council Member Guerrero. Council Member McComb asked for further explanation from Mr. Seiler which was provided and pointed out that he was interested in the dead -ending of Corona at Everhart. He stated that his primary concern was dislocating too many people and he believed that construction of Corona was a mistake. He pointed out that dead -ending it at Everhart would not be a problem because there are many T intersections in Corpus Christi. Council Member Pruet stated that he has problems with plan "A" because he has met individually and collectively with many of the Gardendale owners in the last few weeks; he thinks that it is important that they reach a decision as soon as possible so that everyone will know what is going to happen; stated that he has some problems with plan "B" and he has been told that stubbing out Corona would be a mistake according to one traffic study, yet another traffic study indicates that it would not present a problem. He expressed the opinion that the minimum impact would be to stub Corona at Everhart, construct Williams Drive as it was originally designed in the bond program, revise the Master Transportation Plan and he felt that Staff should work with the Planning Commission to design a master plan for the Gardendale area. He stated that he will vote against plan "B." Council Member Guerrero expressed the opinion that the Council is hiding from the problem because the Planning Commission had recommended plan "B." He stated that he would like to amend Mayor Pro Tem Best's motion to exclude the homes that would be destroyed and adopt plan "B." Council Member Berlanga seconded the amendment to the motion. i4inutes Regular Council Meeting March 10, 1987 Page 18 Mayor Jones inquired about the consequences if the homes are excluded from being destroyed, and Mr. Lontos stated that the Staff recommended plan "A" but it would be possible to extend the curve in the street and prevent taking some of the homes. Council Member Mendez stated that he would be in favor of dead -ending Corona at Everhart. He pointed out that most of the entrances and exits into the Blanche Moore tract would be from Padre Island Drive and he reiterated that stubbing Corona at Everhart would help the developer, the real estate market and would resolve the problems for the residents of Williams Drive. Council Member Berlanga stated that he approves the modified plan "B" because it would take care of most of the people. Council Member Strong stated that she thought that the logical solution would be to dead-end Corona at Everhart. Council Member Guerrero stated that the Council is avoiding a decision in delaying and he knew before he even came to the meeting that Corona was going to be stubbed out. He pointed out that dead -ending Corona at Everhart is only going to create more problems. Mayor Jones called for the vote on the amendment to Dr. Best's motion and it failed to pass by the following vote: Best, Berlanga, and Guerrero voting, "Aye"; Jones, McComb, Mendez, Pruet and Strong voting, "No"; Slavik absent. A motion was made by Council Member Mendez that Staff continue with the plans to improve the Gardendale Streets; that Corona Drive be stubbed out at Everhart Road; that Williams Drive be paved to a width of 40 feet; and that the Master Transportation Plan be so amended. The motion was seconded by Council Member Strong and passed by the following vote: Jones, McComb, Mendez, Pruet and Strong voting, "Aye"; Berlanga and Guerrero voting, "No"; Best abstaining; Slavik absent. Mayor Jones then declared the hearing reopened in order to discuss the Master Drainage Plan change. Assistant City Manager Lontos stated that they had discussed the problems in draining the tract because the Williams Drive drainage system is not large enough. He explained that a storm system will be devised down Burton Lane to go to the Mary Carroll drainage ditch which is planned to be widened. He explained that this would improve the drainage in the entire area including Everhart Road and the total cost would be over $1.2 million with the City cost to be $563,000 and the developer will pay the remainder. Mayor Jones pointed out that the original consideration of this change to the drainage plans was what had initiated the discussion of the amendment to the Master Transportation Plan. Minutes Regular Council Meeting March 10, 1987 Page 19 Mayor Jones called for comments from the audience on the change to the Master Drainage Plan and there was no response. A motion was made by Mayor Pro Tem Best that the hearing be closed, seconded by Council Member Strong, and passed unanimously. A motion was made by Mayor Pro Tem Best that the proposed amendment to the drainage plan be approved, seconded by Council Member Strong, and passed unanimously. Mr. Lontos then addressed the question of Betty Jean Drive which goes across the property and which the developers have requested be made a private street. He stated that the Staff concurs with this if it is developed to City standards and agrees that it could be designated as a private street. A motion was made by Council Member Strong that Betty Jean be designated as a private street, seconded by Council Member Pruet. Council Member Berlanga inquired if this is a private street, how far it would extend, and Mr. Lontos stated that it will start right at Williams or at the property line of the Blanche Moore tract. An unidentified lady in the audience inquired as to why the developer wants Betty Jean to be a private street and the representative of the developer stated that they want to install unusual, attractive landscaping around fountains. The motion to make Betty Jean a private street passed unanimously. There being no further business to come before the Council, a motion was made by Mayor Pro Tem Best that the meeting be adjourned, seconded by Council Member McComb, and passed unanimously at 9:50 p.m. 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 March 10, 1986, which were approved by the City Council on March 17, 1987. WITNESSETH MY HAND AND SEAL, this the Z 7✓ ld day of 0 L ther J%/es, MAYOR 7 Armando Chapa, City Secret City of Corpus Christi, Texas