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