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HomeMy WebLinkAboutMinutes City Council - 03/17/1987MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 17, 1987 2:00 P.M. PRESENT 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 City Manager Craig McDowell City Attorney Hal George City Secretary Armando Chapa Absent Leo Guerrero Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Duncan of Metro Ministries, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member 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 Slavik that Council Member Guerrero's absence be excused. The motion was seconded by Mayor Pro Tem Best and passed unanimously. A motion was made by Council Member Slavik that the Minutes of the Regular Council Meeting of March 10,1987 be approved as presented; seconded by Council Member Strong; and passed unanimously. Mayor Jones acknowledged Reverend Duncan of Metro Ministries who introduced Captain Joe Thompson, Commanding Chaplin of the Naval Air Station. Reverend Duncan stated that he wanted to recognize Captain Thompson and the Naval Air Station because the Naval Air Station is responsible for their family housing and without them Metro Ministries would not be receiving the award. Mayor Jones asked Reverend Duncan to explain to the audience how Metro Ministries and Loaves and Fishes was created. MICROFILMED Minutes Regular Council Meeting March 17, 1987 Page 2 Reverend Duncan stated it all began in 1979 and Loaves and Fishes opened in January of 1983. He stated that there are eighty-nine area churches participating in Corpus Christi Metro Ministries and there are about 350 regular volunteers from area churches. He also noted that Metro Ministries receives approximately 8 percent of their support from the United Way. He continued by stating that they are comprised of a counseling and employment ministry and they try and provide a place for people who are unemployed and who are unemployable to spend the day. He further commented that they find about 15 to 25 permanent jobs per month and could take care of half the street population in Corpus Christi if there were more jobs available. Captain Thompson expressed his appreciation on behalf of Captain Tom Hood, the Commanding Officer of the Naval Air Station and all the other commanding officers, on being a small part in this presentation. Mayor Jones then presented the certificate to Reverend Duncan which was signed by Secretary Schultz and Secretary Pierce. * Council Members Berlanga and McComb arrived at the Council Meeting during the foregoing presentation. * * * * * * * * * * * * * Mayor Jones called for consideration of Consent Motions, Items 1 through 8a. 1. M87-0103 Approving plans and specifications and authorizing the receipt of bids on April 14, 1987, for the construction of a new Golf Cart Charging Facility at Gabe Lozano, Sr. Golf Center. 2. M87-0104 Approving plans and specifications and authorizing the receipt of bids on April 14, 1987, for handicap accessibility improvements at the Lindale Recreation Center and Garden Center and various improvements at the Greenwood, Lindale, and Zavala Senior Citizen Centers. 3. M87-0105 Reprogramming $300,000 of the 12th Year CDBG funds from Furman Area Street Improvements to Lamar East Area Streets. 4. M87-0106 Approving plans and specifications and authorizing the receipt of bids on April 14, 1987, for the reconstruction of the following streets in the Lamar East area: Minutes Regular Council Meeting March 17, 1987 Page 3 17th Street, from Mary Street to Marguerite Street 18th Street, from Morgan Avenue to Agnes Street Craig Street, Hancock and Coleman Avenues, from 17th to 19th Streets Marguerite Street, from 17th to 18th Streets. 5. M87-0107 Authorizing the receipt of bids for the sale of a vacant lot located at 2929 Blake Street. This property was acquired at a Sheriff's tax sale for delinquent tax properties on March 6, 1979. 6. M87-0108 Authorizing acquisition of Parcel 6 located at the corner of Ayers and McArdle Road, for the McArdle Road -Ayers to Carroll Lane Street Improvements Project. 7. M87-0102 Approving the partial closing of Whitecap Boulevard, Das Marinas Drive, Aquarius Drive and several adjoining local street sections in the Padre Isles Subdivision on Saturday, March 21st, from 7:00 a.m. to 4:00 p.m. for the purpose of conducting a "Padre Island Circuit Race." Approving for the full closing of Shoreline Drive, northbound and southbound lanes, between Belden Street and Hughes Street, and several adjoining street sections on Sunday, March 22nd, from 8:00 a.m. to 5:00 p.m. for the purpose of conducting the second annual "Bayfront Criterium Circuit Race." The sponsoring organization for these races is Texas Bicycle Promotions, and both races are part of the TOUR OF TEXAS -USA INTERNATIONAL CYCLING CAMP AND RACE SERIES. 8. M87-0109 Authorizing the City Manager or his designee to submit a grant application for the Corpus Christi Public Library to the Texas State Library (Library Services and Construction Act Title I: Public Library Services for Disadvantaged Populations) in the amount of $53,303 and to execute all related documents. The funds will be used to establish an Employment and Career Information Center at the Corpus Christi Public Library. 8a. M87-011 Authorizing City Staff to prepare plans and specifications to construct a water line along Yorktown Boulevard easterly of Cimarron Boulevard, and allocating $55,000 from the Water Reserve Fund for this work. Mayor Jones commented on Item 8 which is setting up the employment activity in the library. He inquired if any action has been coordinated with JTPA and the Texas Employment Commission. He expressed his concern about duplicate services. riinutes Regular Council Meeting March 17, 1987 Page 4 City Manager Craig McDowell responded to the Mayor's question by stating that he believed something was coordinated between the two agencies and he didn't think it would cause a problem. He also stated that he didn't believe that it related to JTPA. Mayor Jones requested that the Council be given a report on whether or not the two agencies are aware of this. Council Member McComb also questioned if this service is being offered anywhere else. He stated that it seemed to be a duplication of effort. Assistant City Manager Kelly Elizondo responded by stating that there is some duplication of effort. He further stated that it is being coordinated with the Texas Employment Commission and JTPA. Council Member McComb stated that once we receive the grant and the center is established, we have to operate it and that it is not just a one-time deal. He further stated that he doesn't want to create something that may be terminated the following year. City Manager McDowell stated that he would report back to the Council and that it is not their intent to duplicate the service. Assistant City Manager Elizondo commented that this is a grant and funding could be be provided this year and not the following year. He stated that the idea is to create the opportunity in more places than one and that it is a self-help type of situation. Council Member McComb then commented about Item No. 5 and inquired if we had an inventory of other properties in the City which are similar to 2929 Blake Street. In answer to Mr. McComb's question, City Manager McDowell stated that we have an inventory of surplus property and we are beginning to move on that to get it back into the private sector. Council Member Frank Mendez made a comment on Item No. 8. He stated that every opportunity the City has, whether it is federal funds or state funds, to provide job training for the unemployed should be pursued. Council Member Bill Pruet agreed with Council Member Mendez and stated that these services are not just for the unemployed but the underemployed. He stated that this type of self-help will aid people who are also trying to redirect their careers. Mayor Jones then asked for comments from the audience on Items 1 through 8a and there were no comments. Minutes Regular Council Meeting March 17, 1987 Page 5 A motion was made by Council Member Mendez that Consent Motions 1 through 8a be approved; seconded by Council Member Pruet; and passed unanimously. * * * * * * * * * * * * * Mayor Jones then called for consideration of the Consent Ordinances on Items 9 through 16. Mayor Jones referred to the resolution supporting the legislation organizing Corpus Christi State University as a four-year institution of higher education. He stated that if this resolution passed, it will be handled similar to the resolution on drunk driving. Mayor Jones then called for comments from the audience on the Consent Ordinances. Mr. Hector T. Morales, 638 Hoffman, commented on Item No. 14 which was the foregoing resolution. He stated that he is employed at Del Mar College and serves with the Political Affairs Committee. He commended the Council for concerning themselves with the upper level education in this area. He stated that Del Mar College has been serving the citizens in Corpus Christi for over fifty years. He stated he wished to inform the people about the duplication of services and that spells dollars. He implied that we do not need the duplication of services in this area. He stated he supported the comprehensive university system in this area and his committee is very much in support of Corpus Christi State University, the upper two years. He reiterated that a duplication is not needed. Mayor Luther Jones stated that the bill that has been introduced in the Legislature contains provisions that were agreed to by the President of Del Mar College. He stated that the bill contains a limitation on the enrollment of freshmen. He also stated it contains higher standards which are not specified in Del Mar. 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: 9. ORDINANCE NO. 19668 APPROPRIATING $65,000 FROM THE N0. 250 SANITARY SEWER BOND FUND TO FACILITATE FINAL PAYMENT TO THE CONTRACTOR, CLAUDE CHAPMAN CONSTRUCTION COMPANY, INC., AND FOR INCIDENTAL EXPENSES TO PROJECT NO. 250-86-44-6.1, DON PATRICIO AREA SANITARY SEWER LATERALS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent. Minutes Regular Council Meeting March 17, 1987 Page 6 10. ORDINANCE N0. 19669 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 4 IN CONNECTION WITH THE CITY HALL LAND EXPANSION PROJECT; APPROPRIATING $264,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent. 11. ORDINANCE N0. 19670 AUTHORIZING THE EXECUTION OF CHANGE ORDER N0. 5 FOR THE FLOUR BLUFF PLANT EXPANSION PROJECT; APPROPRIATING $9,571.40; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent. 12. ORDINANCE NO. 19671 APPROPRIATING $15,300 FROM THE 511 STORM SEWER BOND FUND FOR APPRAISAL SERVICES BY RICHARD CLOWER IN CONNECTION WITH THE MARY CARROLL CHANNEL WIDENING PROJECT: AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent. 13. ORDINANCE N0. 19672 APPOINT ELECTION OFFICIALS FOR ALL MUNICIPAL ELECTIONS FOR 1987; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent. 14. RESOLUTION N0. 19673 SUPPORTING THE LEGISLATION ORGANIZING CORPUS CHRISTI STATE UNIVERSITY AS A FOUR-YEAR INSTITUTION OF HIGHER EDUCATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Resolution passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent. minutes Regular Council Meeting March 17, 1987 Page 7 15. RESOLUTION NO. 19674 EXPRESSING THE STRONG DESIRE OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, TO HOST THE AMERICAN BOWLING CONGRESS TOURNAMENT IN 1992; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Resolution passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent. Mayor Jones called for consideration of Ordinance No. 16 amending the transportation plan on the Blanche Moore tract and provided some background information. He stated there was a Public Hearing in the evening at the Blanche Moore School and the Council voted by a majority vote to make the two changes to the plan. He stated he thought it shocking that taxes on this piece of property last year were approximately $454. He commented that it was important that in view of Mrs. Moore's will and in terms of the amount of money that is going to charitable institutions in this community, that this tract be developed. Council Member David Berlanga stated that the neighborhood is concerned with the closure of Corona at Everhart. He implied that the neighborhood thought that this is a disastrous move and in the absence of Council Member Guerrero, they have asked him to inquire if this item could be postponed until next week. He further stated that the neighborhood felt they were misinformed and not given enough information. He then made a motion that Item No. 16 be delayed until the following week; the motion was seconded by Mayor Pro Tem Best. Council Member Slavik commented that the residents could speak today at the meeting. Mayor there be a After the motion of 6 to 2. Pro Tem Best responded that what the neighborhood is asking is that full Council when the vote is taken. further discussion by Council Members Slavik, Strong and Mayor Jones, to delay this item on the agenda was voted upon and failed by a vote Mayor Jones then called for comments from the audience on Item No. 16. Mr. Paul Pearson, Co-executor of the Blanche Moore Estate, stated that this project needs to move forward. He commented that the project has been over a year in the planning process and that this was the sixth public hearing. He stated that the estate has worked over a year with the Staff and has presented major drainage and traffic studies of the entire area. He explained that the Staff was presented with two traffic plans and that the estate favors Plan A and will also accept the stub -out of Corona. He further stated that there is a lot of controversy about whether Williams should be a 40 -foot wide or 28 -foot wide street and that the developer did not care. He stated that the ordinance should be acted on because they are already months behind schedule in implementing this plan. Minutes Regular Council Meeting March 17, 1987 Page 8 In answer to a question from Mayor Pro Tem Best, Mr. Pearson stated that all of the money in the foundation will be spent on the children of Nueces County. Foster Edwards, 6706 Woodduck, representing the Board of Realtors, expressed several concerns about this development. He implied that the procedures that are being followed to get the development in are faulty. He further implied that the Council has obviously taken the position that the end justifies the means. He stated that he understood the Council has chosen to turn down the Planning Commission's recommendations and voted to ignore the recommendations of the Staff on the traffic study. He further implied that the Council had their minds made up before they went to the Public Hearing last week. Mr. Edwards expressed three concerns: (1) He disagrees that there was a public hearing on this item last week. He stated there was a public hearing held on Plan A and Plan B but there was no public hearing held on this plan and that the notices that were sent out were sent out for the proposed plan. He stated that he believes the City Charter was violated because the appropriate hearing wasn't held; (2) He stated that this was on the agenda as an emergency item and it really was not an emergency item; and (3) He has looked at the notices that were sent out regarding the public hearing held on March 10, 1987 and they are convinced there is a defect in the notice, and suggested that the City Attorney would check out the notice to see if it is defective. Mr. Joe Garcia, Vice Chairman of the Planning Commission, expressed his disappointment with the action that was taken at last week's meeting. He stated that Council's recommendation to dead-end Corona is a short term solution to a long term problem and that it does not address the traffic concerns that will occur in the future. Mr. Garcia also expressed the opinion that the recommendation reached on Betty Jean should not have been addressed at this time and that this was a premature decision. He stated that he is not here to put up stumbling blocks for the development because we need the development and the jobs. He asked the Council to reconsider their vote and give Corona the extension that it should have. He also implied that the question of Williams Street becoming a 40 -foot wide street was wrong because it needed to revert back to 28 foot. Mayor Jones stated that what the Council voted on at the public hearing on March 10 was the paving or widening of Williams in accordance with the item that was on the bond issue. He questioned Assistant City Manager Lontos if 40 feet was what the voters voted on. Mr. Lontos responded that the information that was provided to the voters indicated that Williams would be 40 feet wide. Minutes Regular Council Meeting March 17, 1987 Page 9 In response to a question by Council Member Strong, Mr. Garcia said that he felt the Corona extension is necessary and that the Planning Commission is in favor of Plan B rather than Plan A. He stated that he is only speaking for himself and not the rest of the commission. Council Member Strong questioned if the Planning Commission has ever taken a position on the extension of Mustang Trail. Mr. Garcia responded that the amendment to delete Mustang Trail was denied and he believes there is more planning that needs to be done. He also stated that more statistics need to be brought forward and that the Council has not been provided all of the information. Council Member Slavik stated she was not biased at all at the public hearing but she has talked to engineers and she is concerned about having two streets running through east and west. She stated that north and south are going to be a major problem. She continued by commenting she usually supported the Planning Commission but that she had done some independent research. She inquired about Burton and Nelson Streets. In response to Mrs. Slavik's questions, Mr. Garcia explained that Burton and Nelson were intended to help the developer's road system and are going to be outlets for the development. In his opinion he implied that those streets should be closed and those properties reverted back to the abutting owners. He stated that if you don't have collector streets, you will have a lot of traffic congestion and you have to consider the traffic that is going to be generated. He suggested that long range plans should be made and that he believed the decisions that the Council is making are short term. He stated again that his remarks are just his personal opinion and he is not speaking for the whole Planning Commission. Council Member McComb inquired about when the residents petitioned for curbs, sidewalks and gutters whether it was for a 28 -foot standard residential street. He expressed his concern about a 40 -foot street in a residential area. He stated that he is trying to protect the neighborhood. In answer to Mr. McComb's question, Assistant City Manager Lontos stated that in 1981, the petition that the residents signed was for a 28 -foot street. Also in response to a question from the Mayor, he stated that a 40 -foot street will provide parking along the curb and one unobstructed lane through in each direction. Council Member Frank Mendez stated that in his opinion the decision which was made by the Council at last week's evening meeting was one that was not only good for the development but also for the residents on Williams Drive. He pointed out that if the Council really wanted to protect the residents that they should make it a 28 -foot residential street and not a collector street. clinu t e s Regular Council Meeting March 17, 1987 Page 10 City Manager McDowell commented that if the City Council reduces Williams to a 28 -foot street, it is the Staff's recommendation that the three access streets be closed. He further stated that if that's not done, a substantial amount of traffic will exit that shopping center onto a small residential street which will not be able to handle the traffic. Mrs. Sandy E. Lucio, 5106 Williams Drive, stated that she is the Chairperson of Gardendale Neighborhood Association and that they prefer modified plan "B". She stated they want a 28 -foot street and regarding the three streets, Nelson, Burton and Betty Jean, that they would like at least two of them dead -ended, preferably three. She stated that they wanted a brick wall built that abuts the shopping center. She stated that it will be safe for their children and they won't have access traffic. She confirmed that the neighborhood petitioned for a 28 -foot street and didn't agree with the 40 -foot street. In answer to a question by Mayor Pro Tem Best regarding private streets, Mr. Richard Rice of Parkway Investments, the technical developers of the Blanche Moore Estate, stated that the private streets in this development are going to be 32 foot concrete, curb and gutter streets and these are going to be permanent improvements. Property owners would be responsible for the maintenance of these streets through the Commercial Maintenance Association plus landscaping and architectural control. In response to another question by Mayor Pro Tem Best, Mr. Rice stated that he had a problem with closing the stub streets because of a problem with fire protection and stated it would be important to leave those open. Mr. Williams of Lamar Park spoke next and stated that this meeting was not called for the purpose of determining how many streets should be closed and he thought none should be. He maintained that the Council has a duty to carry out the vote of the people. He stated that the people who need to be heard are the people who have been paying taxes on property in that area. Mr.. David Pickus, owner of Plaza Del Sol Shopping Center, 5301 Everhart, expressed opposition to the closing of Corona at Everhart. He stated that they had performed studies of their own; they met with Gene Urban at the time of their construction, and he pointed out on the master plan that a street was to be extended through the Blanche Moore tract. He urged that the Council reconsider their vote of the previous Tuesday and extend Corona across Everhart because they were led to believe at the time their shopping center was constructed that this additional access would be provided. Mr. Fernando J. Cyr, 5129 Williams Drive, stated the street was zoned for a residential area and he wanted a quiet area. He complained about the traffic and stated that he did not want 5,000 more cars a day. He also implied that he is not against the development. Minutes Regular Council Meeting March 17, 1987 Page 11 Mr. Darryl Haas, 1401 Holly, representing Haas Paving Company, stated that commercial development in Corpus Christi is at a standstill. He stated he thought it was wonderful that the developers are going after this project at this time and urged the Council to make a decision today in support of this development. Mr. Carl Tompkins, 4150 Crenshaw Drive, expressed his appreciation to the Council for their deliberations on the issues. He stated he talked to the residents in the area; they are confused and feel they are being railroaded. He inquired as to why there is only one reading instead of the normal three readings for this issue. He urged the Council to reconsider modified plan "B" and asked them to make a decision. Council Member Bill Pruet stated that several people have mentioned the emergency method of handling this issue and inquired if this is the type of action that normally takes three readings. City Attorney Hal George responded to his question by stating that this is the type of action that the Council does on one reading and there is no requirement for three readings. He also informed the Council that the notice of the hearing that was published was appropriate because it referred to "Amendments to the Master Transportation Plan and Master Drainage Plan" and that is what was considered at the public hearing. Mayor Pro Tem Best stated that he personally likes plan "B" and thought the residents were making a mistake by wanting a 28 -foot street. He then made a motion that Williams Drive be redone as a 28 -foot street, that Betty Jean be allowed to be a private street into the development and Burton and Nelson not go through to Williams Drive. The motion was seconded by Council Member Berlanga. Mr. Jerry Susser, 225 Wilshire, stated he had a piece of property on the corner of Staples and Williams and was contacted by Wayne Lundquist to do a survey. He stated he thought it important the Council prepare for the future traffic in the area. Council Member McComb then displayed a copy of the original petition which was signed by the residents dated November 3, 1981 and it was for 28 -feet. Marilyn Sansom, 4429 Hamlin, representing her father who lives at 4834 Williams Drive, stated she still favored the modified version of plan "B" and wanted a 28 -foot street and not a 40 -foot street. Ramona Jones, 753 Sharon, stated she is a student at Del Mar. She drew on the board and asked the Council a few questions. Mayor Jones then called for the vote on the motion to amend Item No. 16. The motion passed unanimously by a vote of 8 - 0. (Guerrero absent) Minutes Regular Council Meeting March 17, 1987 Page 12 Mayor Pro Tem Best made another motion to go back to Item 16 subsection 1. No one seconded the motion. Assistant City Secretary Dorothy Zahn polled the Council for their vote on the amended ordinance and the following was passed: 16. ORDINANCE NO. 19675 AMENDING THE CORPUS CHRISTI URBAN TRANSPORTATION PLAN WHICH WAS ADOPTED BY ORDINANCE NO. 15135 BY DELETING THE FOLLOWING STREET SECTIONS FROM THE PLAN: (A) THE EXTENSION OF A COLLECTOR STREET FROM CORONA DRIVE AT EVERHART ROAD TO STAPLES STREET AND (B) THE EXTENSION OF A COLLECTOR STREET FROM BETTY JEAN DRIVE TO SOUTH PADRE ISLAND DRIVE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, Strong and Slavik voting, "Aye"; Guerrero absent. Mayor Jones then asked if there were any comments from the audience on Item No. 17 and there were no comments. Assistant City Secretary Dorothy Zahn polled the Council for their vote and the following ordinance was passed: 17. ORDINANCE N0. 19676 AMENDING THE MASTER PLAN FOR STORM DRAINAGE FOR THE AREA SOUTH AND WEST OF CORPUS CHRISTI AS PREPARED BY BLUCHER AND NAISMITH, INC. AND ADOPTED BY RESOLUTION 7072}, BY TRANSFERRING APPROXIMATELY 115 ACRES FROM DRAINAGE BASIN K TO DRAINAGE BASIN J IN THE AREA GENERALLY BOUNDED BY PADRE ISLAND DRIVE, AIRLINE ROAD, WOOLDRIDGE ROAD, AND EVERHART ROAD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, Strong and Slavik voting, "Aye"; Guerrero absent. A motion was made by Council Member Mendez to adjourn at 4:35 p.m. for a short recess; the motion was seconded by Council Member Pruet; and passed unanimously. The meeting reconvened at 4:50 p.m. Mayor Jones called for comments on Item No. 17a pertaining to the new City Hall. riinutes Regular Council Meeting March 17, 1987 Page 13 City Attorney Hal George presented to the Council for approval the contracts to settle the claim against the surety on the City Hall contract and to authorize the City Manager to enter into a contract with the contracting company that Federal Insurance is proposing to the City to finish the project. He stated that Northdale stopped on the project and the City declared them in default. He stated that negotiations have been going on for three or four months and his office wanted to make sure the entire project was bonded for the full value of the project. He continued by stating that Federal Insurance Company will remain as the bonding coripany for Manhattan and there is going to be an up front cash payment to the City of $759,955.92. Mr. George stated that his office did a flow chart as to all the things that could go wrong and how to protect the City. He stated that the project needs to begin and they have evaluated the risks and they are minimal. He commented that Manhattan will proceed with work within ten days after the contract is signed. He explained the project will be completed in 196 calendar days and that it is a firm date. He stated they have tried to anticipate any problems and think they are protected from the major risks and recommended that the Council approve the agreements. Council Member Berlanga inquired if all the sub -contractors have been paid. Mr. George responded that some have and some have not. He stated the City protected in the contract all the sub -contractors' rights to make a claim against the payment bond and that Federal Insurance will honor any valid claim that is filed. City Manager McDowell commented that Manhattan indicated that they intend to use a number of the subs that were employed by Northdale on the project. Council Member Linda Strong stated there was a lot of discussion when the project was terminated as to what kind of safeguards might be instituted from the City's standpoint to make sure that the sub -contractors on City projects were being paid when the contractor received their draw. She stated that she did not see anything in this contract with Manhattan that has addressed this issue. She implied that the Council needs to have a safeguard built into this project. City Attorney George explained that this safeguard wasn't in the contract and that Federal's position is that that is an extra burden that was not in the original contract. Council Member Strong expressed her concern because there are people who have not been paid for the work performed. She suggested including something in the contract to keep this from happening again. Mr. George stated the sub -contractor's contract is not with the City but with the general contractor. He stated he was aware of the Council's concern and attempted to have this protection in the contract without success. 7inutes Regular Council Meeting March 17, 1987 Page 14 Council Member Bill Pruet inquired about the degree we are not protected on any latent damages. Mr. George stated that Federal agrees they will be responsible for latent defects and Manhattan is not responsible for latent defects. The problem will arise when the City and Manhattan agree that a particular item is a latent defect and Federal disagrees. City Manager McDowell stated that Manhattan will cover their latent defects; they will not cover the ones from Northdale; but that Federal would. Council Member Pruet inquired as to what type of inspections have been done and the intensity of apparent damages or defects that have occurred since the shutdown of the project. Mr. McDowell noted that a detailed itemizing of the conditions of the building has not been done but satisfactory inspections were made up until the work stopped. He stated that security was provided to preclude damages or vandalism. Assistant City Manager Lontos stated that a resident inspector will be on the job at all times and any work that Manhattan will have to redo is going to be documented by the inspector. City Manager McDowell stated we have about 98 percent of the things resolved, but it would cost us more if we delayed everything. He stated it was worth the risk to move forward and he didn't feel that a major catastrophe would happen that wasn't covered in some way. There were no comments from the audience. Assistant City Secretary Dorothy Zahn polled the Council for their votes; and the following ordinance was passed: 17a. ORDINANCE NO. 19678 AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT WITH FEDERAL INSURANCE COMPANY FOR THE TERMINATION OF THE CONTRACT WITH NORTHDALE CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE NEW CITY HALL FACILITY; AUTHORIZING A CONTRACT WITH MANHATTAN CONSTRUCTION COMPANY FOR THE COMPLETION OF THE PROJECT; REAPPROPRIATING $3,723,846.40 REMAINING CONSTRUCTION FUNDS AND APPROPRIATING $759,955.92 AS THE AMOUNT RECEIVABLE UNDER THE SETTLEMENT AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent. Mayor Jones then asked if there were any comments from the Council or the audience on Item No. 17b. There were none. Assistant City Secretary Dorothy Zahn polled the Council for their votes; and the following ordinance was passed. ,Minutes Regular Council Meeting March 17, 1987 Page 15 17b. ORDINANCE NO. 19679 AUTHORIZING AND DIRECTING THE CITY MANAGER TO UTILIZE FUNDS IN THE AMOUNT OF $12,500 FROM THE PROCEEDS OF THE BOND RESTRUCTURING OF THE CORPUS CHRISTI HOUSING FINANCE CORPORATION TO JOIN THE CORPUS CHRISTI AREA ECONOMIC DEVELOPMENT CORPORATION IN A CONTRACT FOR PROFESSIONAL SERVICES WITH A. R. "BABE" SCHWARTZ FOR SUPPORT OF LEGISLATION RELATING TO THE ESTABLISHMENT OF A FOUR-YEAR UNIVERSITY IN CORPUS CHRISTI. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent. Mayor Jones announced the Public Hearing on the following zoning application. 18. 187-6, Mr. Shawn Bodine: For a change of zoning from "B-4"General Business District, "AB" Professional Office District, and "R-2" Multiple Dwelling District to "R -1C" One -family Dwelling District and "PUD'1" Planned Unit Development 1 on Lots 94-103, Block 1, Lots 1-8 and a portion of Lot 9, Block 2, Crestmont Unit 10R, located on the north and south sides of Bevecrest Street, approximately 340' east of Ayers Street, west of Persimmon and Crestlea Drives. Mayor Jones asked Mr. Larry Wenger, Planning Director, to briefly describe how HUD fits into this project. Mr. Wenger stated that the project is a HUD demonstration program under which HUD will provide expertise and suggestions to a developer, but there is no monetary involvement from HUD on the project. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. He referred to Application No. 187-6 and stated that in response to the fifty notices mailed to property owners within a 200' radius, three in favor and four in opposition had been returned and that both the Planning Commission and Planning Staff recommend approval in accordance with the development plan submitted. He stated that the applicant is requesting "R -1C" zoning in order to develop the subject property as a residential area; however, he proposes to do so under a Planned Unit Development in order to deviate somewhat from the rules and regulations of the Zoning and Platting Ordinances. The applicant's plan of development indicates the following deviations: (1) Six lots out of the proposed 79 lots are less than 4,500 square feet in area as required under "R -1C" zoning, (the average lot size 1n the subdivision is 5,365 square feet); (2) The minimum lot frontage ranges from 17 feet up (normal minimum requirement Minutes Regular Council Meeting March 17, 1987 Page 16 is 35 feet) due to the flag lot design of some of the lots; (3) Lot widths of several lots at building lines are less than the required 45 feet; (4) Regarding the street sections for the three new cul-de-sacs: (a) Right-of-way width has been reduced from 50 feet to 28 feet; (b) Sidewalks do not completely encircle the cul-de-sacs, and (c) Sidewalks, which are designated as "sidewalk easements", are to be tied to back of curb and are calculated within the lot area; (5) PVC pipe (instead of vitrified clay pipe) will be utilized for construction of a sanitary sewer line; (6) Utility easements are located along front property lines, rather than placing them along the rear. He stated that the Staff recommends approval of this request for the purpose of demonstrating the project's applicability in the future. He stated the project will be monitored and evaluated over a period of several years in order to ascertain whether deviations from the normal city standards are warranted. The City Staff's recommendation for this project should not be construed as a change, at this time, in City policies regarding platting, zoning and infrastructure standards. There were no comments from the audience. A motion was made by mayor Pro Tem Best that the hearing be closed, seconded by Council Member Mendez and passed unanimously. Assistant City Secretary Zahn polled the Council for their votes and the ordinance passed as follows: 18. ORDINANCE NO. 19677 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SHAWN BODINE BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 94 THROUGH 103, BLOCK 1, LOTS 1 THROUGH 8, AND A PORTION OF LOT 9, BLOCK 2, CRESTMONT UNIT IOR FROM "B-4" GENERAL BUSINESS DISTRICT, "AB" PROFESSIONAL OFFICE DISTRICT, AND "R-2" MULTIPLE DWELLING DISTRICT TO "R -1C" ONE -FAMILY DWELLING DISTRICT AND "PUD -1" PLANNED UNIT DEVELOPMENT 1 AS SHOWN BY SITE PLAN ATTACHED HERETO AND MARKED "EXHIBIT A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent. * * * * * * * * * * * * * City Manager Craig McDowell pointed out to the Council regarding the clarification on the library grant and stated that we are utilizing the grant process as a means of obtaining books which we wouldn't otherwise be able to get and stated there is no duplication of effort. Mayor Jones called for petitions or information from the public on items not listed on the agenda. Minutes Regular Council Meeting March 17, 1987 Page 17 Mr. Roland Garza, 2504 Hulbirt Street, stated that the Council suggested in September that they would help the City employees. He said he has appeared before the Council several times and they haven't helped him. He questioned the time frame of the grievance procedure. He stated he was terminated for his back injury which is a disability and asked if that was a discriminatory discharge. He asked what the Council planned to do about getting him his job back. Council Member Mendez stated that there are time frames that need to be followed regarding a grievance procedure and suggested that Mr. Garza pursue the matter in court. There being no further business to come before the Council, a motion was made by Mayor Pro Tem Best, seconded by Council Member Pruet, and passed unanimously that the meeting be adjourned at 5:45 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 17, 1987, which were approved by the City Council on March 24, 1987._ WITNESSETH MY HAND AND SEAL, this the %2 day of C-�-yyuj` 1 ,p 7 Armando Chapa, City Secretary City of Corpus Christi, Texas Luther [r es, MAYOR