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HomeMy WebLinkAboutMinutes City Council - 04/14/1987MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING APRIL 14, 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 Absent 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 Council Member Slavik, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Best. 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 Pruet that Council Member Strong's absence be excused. The motion was seconded by Council Member Mendez and passed unanimously. A motion was made by Council Member Slavik that the Minutes of the Special Council Meeting of April 6, 1987 and the Regular Council Meeting of April 7, 1987 be approved as presented; seconded by Council Member Mendez; and passed unanimously. City Secretary Chapa announced that Colonel William J. Blair, Commanding Officer of the Corpus Christi Army Depot, and Lt. Colonel Eugene C. Gesele, Executive Officer, would like to make a short presentation. Col. Blair gulled Mayor Luther Jones with a large set of seagulls, and Lt. Col. Gesele presented Mayor Jones with a citation of a Commander's Award of Public Service for his significant contributions to the Corpus Christi Army Depot during the period of April 1979 through April 1987. MICROFILMED nutes icegular Council Meeting April 14, 1987 Page 2 Mr. Jack Dumphy, President of the Corpus Christi Area Convention and Tourist Bureau, presented a report on the activities of the Bureau and their endeavors to promote tourism in Corpus Christi. Mr. Dumphy noted that the Bureau has made several contacts in the Dallas/Ft. Worth and Arlington areas and several people will be coming to the City to see what Corpus Christi has to offer. He also stated that a representative from a Dallas newspaper will be doing a feature story on Corpus Christi in the Spring. He stated that contacts have been made in San Antonio, Houston, Colorado, California and Niagra Falls. He announced that Corpus Christi has been tentatively selected, pending a site inspection, for the National Association of Bilingual Education Convention in 1992; is being considered for the 1992 ABC Bowling Tournament; and has been selected by the Sweet Adelines for a convention in 1989. Mr. Dumphy stated that a crew from a Nashville Network is filming a thirty -minute travel show which will be aired sixteen times during the year on cable TV, showing several Corpus Christi spots. He stated that the Bureau joined the Hotel/Motel Association to host a reception for travel agents during a convention in Corpus Christi, and 150 travel agents were able to see first-hand what the City has to offer. Mr. Dumphy announced that the Bureau has a Public Awareness Committee whose sole purpose is to inform the community and its citizens as to what they can do to bring conventions to the City. He urged the City Council to write to Austin legislatures about a Bill that is being written concerning tourism. * * * * * * * * * * * * * Mayor Jones announced the bid openings on four engineering projects. Mr. James K. Lantos, Assistant City Manager, opened bids on the Golf Cart Charging Facility at Gabe Lozano, Sr. Golf Center from the following firms: Black Brothers Construction; Bracco Construction Co., Inc.; J. H. Chapman Const. Co., Inc.; Closs & Medrano, Inc.; Coleman -Roth Construction; Kiesel Construction Co., Inc.; Chester Lambert General Contractors, Inc.; Mehne Construction, Inc.; Progressive Structures, Inc.; and Dixon Builders, Inc. Mr. Lontos verified that all companies submitting bids had also submitted the required bid security bond. Mr. Lontos opened the bids on the project for improvements at Lindale Recreation Center and Garden Center for handicapped accessibility; and other improvements at Greenwood, Lindale and Zavala Senior Citizen Centers from the following firms: Black Brothers Construction; Bracco Construction Company; J. H. Chapman Construction Company, Inc.; Closs and Medrano, Inc.; Kiesel Construction Co., Inc.; and Progressive Structures, Inc. Mr. Lontos verified that all companies submitting bids had also submitted the required security bond. He stated that all of the companies except Kiesel Construction Co. Inc. had acknowledged receipt of the addendum. Mr. Lontos opened the bids on the project for the Lamar East Street improvements from the following firms: Claude Chapman Construction Company, Inc.; Haas Paving Company; King Construction Company; Oceanside Asphalt, Inc.; A. Ortiz Construction and Paving, Inc.; Wright Way Construction and J & B .nutes .regular Council Meeting April 14, 1987 Page 3 Contractors dba South Texas Utility Contractors. He verified that all companies submitting bids had also submitted the required security bond. He stated that all of the companies except Haas Paving Company had acknowledged receipt of the addendum in their proposal. Mr. Lontos opened bids on the project for the gravity trunkline on Bear Lane from the following firms: Claude Chapman Construction Company, Inc.; Isles Engineering and Construction, Inc.; Oceanside Asphalt, Inc.; J & B Contractors, dba South Texas Utility Contractors; E. J. Stefek Construction Company and Larson Plumbing and Utility Company. Mr. Lontos verified that all companies submitting bids had also submitted the required bid security bond. Mayor Jones expressed appreciation to the bidders for submitting bids on the City projects. (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 acknowledged Mr. John Dorn of the Texas State Aquarium. Mr. Dorn expressed his appreciation to the Mayor and the City Council for their tremendous support given to the Texas State Aquarium project and presented a plaque to the Mayor and tokens to the Council Members. He stated he will keep the Council updated as to the progression of the project and stated that the contracts have been presented to the City Staff for review. Mr. Dorn acknowledged Mr. Billy Murray, Mr. Quenton Daikin and Mr. Joe Coonic who are associated with the Aquarium. * * * * * * * * * * * * * Mayor Jones called for consideration of Consent Motions, Items 1 through 8. 1. M87-0146 Approving supply agreements for water treating chemicals for an estimated total of $51,314 to Sure -Grow Solutions, Inc. and L.C.I., Ltd. based on only bid and low bid. The terms of these agreements will be twelve months based on the same terms and conditions subject to the approval of the supplier and the City manager or his designee. These items will be used by the Water Division and funds were approved in the 1986-87 budget. Rejecting the bids received for calcium oxide based on anticipated changes in quantities and authorizing receipt of new bids for a supply agreement for calcium oxide. This item is used by the Water Division and funds were approved in the 1986-87 budget. _nutes xegular Council Meeting April 14, 1987 Page 4 2. M87-0147 Approving the purchase of two (2) three -wheeled trucksters and greens keeping attachment from Goldthwaites of Texas based on best bid for a total of $15,921. These items will be used by the Municipal Golf Courses. Funds were approved in the 1986-87 budget. 3. M87-0148 Approving the purchase of 1 3/4" fire hose from National Fire Hose and 5" fire hose from Casco Industries based on low bid meeting specifications for a total expenditure of $10,832. Funds were approved in the 1986-87 budget. 4. M87-0149 Authorizing acquisition of Parcel 33 located off Countiss Drive at a cost of $9,000 for the Turkey Creek Drainage Improvements. 5. M87-0150 Authorizing the City Manager to enter into an easement agreement granting Athena Cablevision of Corpus Christi, Inc. an easement on North Padre Island for the purpose of providing cable service to the area. 6. M87-0151 Approving plans and specifications and authorizing receipt of bids on May 12, 1987, for improvements to the Gabe Lozano, Sr. Golf Center and Oso Golf Course. 7. M87-0152 Approving plans and specifications and authorizing receipt of bids on May 12, 1987, for grading and parking lot improvements in Dr. Hector P. Garcia Park. 8. M87-0153 Approving plans and specifications and authorizing receipt of bids on May 12, 1987, for the Corpus Christi International Airport Interior and Exterior Signage project, subject to FAA approval. Council Member Slavik referred to Item No. 5 pertaining to the Athena Cablevision on North Padre Island. She inquired if cable service has started on Padre Island and what the time frame will be. City Manager McDowell responded by stating the service wouldn't begin until the agreement is executed with Athena, and he would report back to the Council regarding the time frame. mutes rtegular Council Meeting April 14, 1987 Page 5 Council Member Mendez referred to Item No. 4 pertaining to the Turkey Creek drainage improvements. He inquired how many parcels the City has purchased along the Turkey Creek area. Assistant City Manager Lontos stated the City has acquired thirty-six parcels, and three more still have to be acquired. Council Member Mendez stated that the City has worked on the project for a number of years, and it is one of the major drainage ditches in the northwest area of the City. He further stated that the erosion which has been occurring in the property that backs up to Turkey Creek is a problem that the City is trying to alleviate. Council Member Berlanga referred to Item No. 5 pertaining to the Athena Cablevision agreement. He stated that the Council receives complaints regarding Athena and inquired if anyone is pursuing the complaints. City Manager McDowell stated that any complaint which is received is handled by our Utilities Office by Mr. P. C. Gracia. He stated that all the complaints are investigated, and a report is provided to the City Council about once a month. In answer to Council Member Slavik's question regarding the time frame for Athena Cablevision on the Island, City Manager McDowell noted it will be about three months after the tower is completed before cable will be available. Council Member Guerrero inquired about owners of the Turkey Creek property. Assistant City Manager Lontos stated at the present time the City is buying easements for drainage. He stated Mr. James Holder owns Parcel 33, and his property backs up to Turkey Creek. Council Member Mendez stated that the Turkey Creek property belongs to 43 property owners, and Council Member Guerrero inquired who the property owners are. Mr. Guerrero then requested from Assistant City Manager Lontos a map of the Turkey Creek property, names of the property owners, plus the property owners who are adjacent to the property to be affected by Turkey Creek. A Motion was made by Mayor Pro Tem Best that Consent Motions 1 through 8 be approved; seconded by Council Member Guerrero; and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances on Items 9 through 15. Council Member Guerrero expressed his concern regarding Items 11, 12 and 13 being voted on before hearing the zoning case pertaining to these items. He stated he would prefer to listen to the zoning case during today's meeting and vote on Items 11, 12 and 13 at next week's meeting. He explained that the zoning case will affect the assessment of a street because of the extension of .nutes .regular Council Meeting April 14, 1987 Page 6 it. He stated he is not opposing the extension, but that the Council should have the benefit of hearing the zoning case before deciding on the extension. Council Member Guerrero made a motion to postpone the vote on Items 11, 12 and 13 until after hearing the zoning case. The motion was seconded by Council Member Berlanga and passed unanimously. There were no further comments on the consent ordinances. Assistant City Secretary Zahn polled the Council for their votes; and the following ordinances were passed: 9. ORDINANCE NO. 19704 AUTHORIZING THE EXECUTION OF A RESIDENTIAL AND GRAZING LEASE AGREEMENT WITH MR. AND MRS. JAMES E. NELSON FOR A 26.93 ACRE TRACT OF LAND ADJACENT TO THE 0. N. STEVENS WATER TREATMENT PLANT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, Mendez, Pruet, and Slavik voting, "Aye"; McComb absent at the time the vote was taken; Strong absent. 10. ORDINANCE NO. 19705 CLOSING AND ABANDONING A 30 -FOOT LONG BY 1 -FOOT WIDE PORTION OF THE 5 -FOOT WIDE UTILITY EASEMENT IN LOT 34, BLOCK 9, CRESTMONT SUBDIVISION UNIT 7, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, Mendez, Pruet, and Slavik voting, "Aye"; McComb absent at the time the vote was taken; Strong absent. 14. SECOND READING AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH EDWARD NEMEC FOR FARMING PURPOSES ON A 73.758 ACRE TRACT OF LAND ACQUIRED IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT. The foregoing Ordinance passed on its second reading by the following vote: Jones, Best, Berlanga, Guerrero, Mendez, Pruet, and Slavik voting, "Aye"; McComb absent at the time the vote was taken; Strong absent. 15. ORDINANCE NO. 19707 AMENDING ORDINANCE NO. 14936, THE EMS AMBULANCE SERVICE RATE ORDINANCE, AS AMENDED, SO AS TO PROVIDE FOR AN INCREASE IN BASE RATES, AN INCREASE IN THE CHARGE FOR ADMINISTRATION OF OXYGEN, FOR AN OUT OF CITY PER MILE CHARGE, AND FOR AN ANNUAL REVIEW OF THE EMS AMBULANCE RATES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. mutes ,<egular Council Meeting April 14, 1987 Page 7 The foregoing Ordinance passed on Third Reading by the following vote: Jones, Best, Berlanga, Guerrero, Mendez, Pruet, and Slavik voting, "Aye"; McComb absent at the time the vote was taken; Strong absent. Mayor Jones referred to Item No. 16 pertaining to the Easement Closure Agreement with Mr. Miguel Pro. He inquired if it is the Staff's recommendation that the agreement be entered into and steps taken toward the relocation of the sanitary sewer line. City Manager McDowell stated it is the recommendation of the Staff to enter into the agreement. He stated it was a bad situation and if we had to repair the sewer line and remove part of the house, it would have been more expensive than relocating the sewer line. Council Member Berlanga inquired if this agreement was reached by the City and Mr. Pro, or was it a decision taken by the City. He also asked if Mr. Pro would lose any land. City Manager McDowell stated it is an agreement between the City and Mr. Pro, and that if the City couldn't acquire the easement any way other than condemnation, it would be done that way and Mr. Pro would reimburse the City for costs involved. He noted that Mr. Pro would not lose any land. There were no comments from the audience on Item No. 16. A motion was made by Mayor Pro Tem Best that the agreement with Miguel Pro be approved; seconded by Council Member Slavik and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, and Slavik voting, "Aye"; Pruet absent at the time the vote was taken; Strong absent. Mayor Jones opened the Public Hearing on Amendments to the Project Plan for Reinvestment Zone No. 1. City Manager McDowell referred to Item No. 17 pertaining to the Project Plan for the Reinvestment Zone No. 1. He stated that the Reinvestment Zone Board had a Public Hearing and decided to amend the plan to include the financing of the Aquarium, the Shipwreck Artifacts Museum, funding for the T -Head project, and La Retama Park. He stated the Board made a recommendation to the City Council in February and the Council authorized Staff to make the appropriate amendments by Ordinance. He noted that the City has advertised for a Public Hearing on the four amendments to the plan. In answer to a question from the Mayor, City Manager McDowell stated that if the Council concurs with the amendments, it would implement the recommendations given to them by the Reinvestment Zone Board. Mayor Jones called for comments from the audience on the Public Hearing. nutes .regular Council Meeting April 14, 1987 Page 8 Mr. Lewis Lovelace, 1549 Casa Grande, expressed his concern regarding the amendments of the plan having previously been approved by motion rather than by ordinance. He stated that $5 million reinvestment funds were projected to be used in the 1986 capital improvement program. He inquired as to how the Reinvestment Project Plan affects the Capital Improvement Program. He also inquired about the status of the El Paso suit. In reference to Mr. Lovelace's question regarding the El Paso suit, City Manager McDowell stated that all parties except one have signed the agreement, and a judgment will be entered and the matter will be concluded. Regarding Mr. Lovelace's first question, Mr. McDowell stated that the Council has not yet approved this amendment to the plan. Mr. Lovelace referred to the $5 million which was committed from the increment finance money to the $105 million Bond Program. He referred to the $10 million for the Aquarium and the $2 million for the Museum, and how the $12 million affected the $5 million which was supposed to have been committed last year. Mr. Lovelace stated that this project was originally to be funded by private donations and since then, the City has committed $14 million. He stated the public approved $4 million and the increment finance zone agreed that $10 million could be used. He pointed out that this is $14 million of public funds for a project which was supposed to be built with private funds. He again asked how everything is going to affect the $5 million which was committed last year and where the money is going to come from. He expressed concern about burdening the fund. Mayor Jones stated that the Advisory Board of the Reinvestment Zone designated $10 million from the tax increment financing; the voters approved $4 million last year from the bond issue for a total of $14 million that the City of Corpus Christi is putting in to build the Aquarium. In answer to a question from Council Member Slavik regarding extending the life of the zone, City Manager McDowell stated that the life of the zone is for twenty years. He pointed out that what was contemplated at that time is part of the bond interest and redemption could come from zone funds to pay for those projects which were located within the zone boundary. He explained it will have to be reviewed at the time those funds are sold for those projects and that the schedule may be elongated. In answer to a question from Council Member Slavik regarding setting a maximum of $10 million, City Manager McDowell stated if the Council approves the amendments, they will amend the plan to set aside or sell up to $10 million worth of tax increment financing bonds for the Aquarium and $1.9 million for the Museum expansion, in addition to the other projects that are not listed which are not contemplated for bond funding. _nutes Regular Council Meeting April 14, 1987 Page 9 In answer to a question from Mr. Lovelace, Mayor Jones stated the bond election authorized the Council to sell bonds and it does not require the Council to sell those bonds. He stated every time a bond sale has been made, the Council has had to make a decision on that sale on the basis of the impact that it would have on the tax rate. Council Member Slavik referred to Page 17 and Page 32 of Exhibit "A" referring to the amendments to the project plan. She stated it shows $400,000 and $900,000 respectively for the Peoples Street T -Head. She asked if the $500,000 difference came out of the $16,675,000 for the shoreline/marina improvements. City Manager McDowell stated that the $500,000 for the Peoples Street T -Head is coming out of the refinancing of the housing corporation bond. Council Member Slavik referred to Page 32 of Exhibit "A" and inquired how the 12 percent was chosen as the inflation factor figure. Assistant City Manager Utter stated this was a figure from 1983. He stated that the plan has been held up for three years because of a lawsuit but felt it was an adequate figure. In answer to Council Member Slavik's question about looking at the plan when the lawsuit is settled, City Manager McDowell stated that the plan should be reviewed every year. There were no further comments from the audience. A motion was made by Council Member Guerrero that the public hearing be closed; the motion was seconded by Council Member Pruet; and passed unanimously. Assistant City Secretary Zahn polled the Council for their vote and the following ordinance was passed: 17. ORDINANCE NO. 19708 APPROVING AMENDMENTS TO THE PROJECT PLAN OF THE REINVESTMENT ZONE NUMBER ONE, CITY OF CORPUS CHRISTI, TEXAS; MAKING FINDINGS THAT THE AMENDMENTS TO THE PLAN ARE IN THE PUBLIC INTEREST; RECONFIRMING FUNDING FOR LA RETAMA VEST POCKET PARK INCLUDING BALUSTRADE, AND INCLUDING FUNDING FOR PEOPLES STREET T -HEAD PROJECT, BOND FUNDING FOR TEXAS STATE AQUARIUM, AND BOND FUNDING FOR A NEW WING FOR CORPUS CHRISTI MUSEUM; 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, and Slavik voting, "Aye"; Strong absent. nutes regular Council Meeting April 14, 1987 Page 10 Mayor Jones announced public hearings on three zoning applications. 18. Application No. 287-3, Mr. Luis Gonzalez: For a change of zoning from "R-2" Multiple Dwelling District to "AB" Professional Office District, on a 0.86 acre tract of land out of Lot 7, Section 9, Bohemian Colony Lands, located on the east side of Kostoryz Road, approximately 400 feet south of Crestwater Drive. Mr. Larry Wenger, Director of Planning, 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 stated that in response to the 18 notices mailed to property owners within a 200' radius, one in opposition from inside the area and one in favor from outside the area had been returned. He stated that both the Planning Commission and the Staff recommend denial, and in lieu thereof, grant "A -1A" apartment House District with a special permit for a professional office within the apartment complex with the condition that the office be utilized by the applicant only, and if he vacates the office, the office shall revert to apartment use. He stated the applicant is requesting a zoning change from "R-2" Multiple Dwelling District to "AB" Professional Office District in order to construct a 19 -unit apartment complex with a professional office to be located within the apartment complex. He stated the applicant is proposing to utilize the office for his home building business and the property is located on the east side of Kostoryz Road, south of Holly Road. Mr. Wenger stated the adjacent zoning in all directions is "R -1B" which is a one -family dwelling district. He explained that the subject property was rezoned from "R -1B" to "R-2" in 1976. There were no comments from the audience. Council Member Mendez made a motion that the hearing be closed; seconded by Council Member Berlanga; and passed unanimously. Assistant City Secretary Zahn polled the Council for their vote and the following Ordinance was passed: 18. ORDINANCE NO. 19709 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF LUIS GONZALEZ BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 7, SECTION 9, BOHEMIAN COLONY LANDS FROM "R-2" MULTIPLE DWELLING DISTRICT TO "A -1A" APARTMENT HOUSE DISTRICT WITH A SPECIAL PERMIT FOR A PROFESSIONAL OFFICE TO BE LOCATED WITHIN THE APARTMENT COMPLEX FOR THE APPLICANT'S USE ONLY AND WITH THE CONDITION THAT IF HE VACATES THE OFFICE, THE OFFICE SHALL REVERT TO APARTMENT USE; AND DECLARING AN EMERGENCY. .nutes icegular Council Meeting April 14, 1987 Page 11 The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting, "Aye"; Strong absent. Mr. Wenger presented the next zoning application. 19. Application No. 387-5, North Park Hyundai: For a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District, on a 0.489* acre tract of land out of Lot 2, Section 3, Bohemian Colony Lands, located on the north side of Johanna Street, approximately 385' west of Kostoryz Road. 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 stated that in response to the five notices mailed to property owners within a 200' radius, one was received in favor and two were received in opposition. Additionally, five notices and one petition with 26 signatures were received in opposition from outside the notification area. He stated that opposition received is centered on the extension of Johanna Street, rather than the requested change of zoning. He stated that both the Planning Commission and Staff recommend approval of this application. Mr. Wenger stated that the zoning change is necessary to allow North Park Hyundai to construct a new and used automotive dealership on the subject property, in conjunction with adjacent properties fronting on South Padre Island Drive. He stated the owners are in the process of platting the subject and adjacent property, located to the north, into one lot (Lot F-1), and the new lot F-1 plus adjacent Lot E-1 will encompass the auto dealership. He stated the subject property is located on the north side of the Johanna Street extension, west of Kostoryz Road. He explained that the adjacent zoning to the north and west is "B-4" which is a general business district; the south is "A-1" which is an apartment house district; and east is "B-1" which is a neighborhood business district. In answer to a question by Council Member Guerrero, Mr. Wenger stated that regardless if the zoning is "B-1" or "B-4" the dealership can still be built, and there are certain usages that you can operate in "B-1." Council Member Guerrero expressed his concern about the traffic and stated the zoning didn't seem to be a problem as much as the concern about the access on Johanna Street and the extension of that street. Council Member Slavik inquired about the petition which was signed in opposition. nutes ..egular Council Meeting April 14, 1987 Page 12 Mr. Wenger stated that the petition was from residents on Bonham street and was not in opposition to the rezoning but of the opening of Johanna Street for several reasons such as the traffic, the safety of the children, property values, etc. Council Member Guerrero stated that a lot of confusion arose when the citizens thought this was a City proposal to open Johanna Street, and Mr. Wenger stated that the dedication of the street has evolved over a period of years. Mayor Jones called for comments from the audience. Mr. Nixon Welsh, 439 Pyramid, stated he is the engineer for this project. He showed plans of the proposed dealership and stated he wasn't sure it was appropriate to address the street opening portion, because he felt that the zoning didn't have anything to do with whether the street went through or not. He stated that most of the right-of-way for the street had been previously dedicated over the last several years. He stated when the plat was submitted, the street extension was a requirement. He stated they will pay for the development of their portion of the street, and the City will pay the remainder and assess the abutting property owners. He stated that they have processed their plat through the Planning Commission and have cleared the site and will put up a letter of credit. He stated that they have discussed whether the street should go through and explained they would be happy with a dead end street coming in from Kostoryz and then dead -ending Bonham at Johanna, or they would be happy with it going all the way through. He stated that the Staff felt there is a lot of concern in regard to the flea market parking. He noted that the Street Reimbursement Agreement provides that they can file their plat before the construction of Johanna Street begins. Mr. Domingo Vara, San Antonio, stated that they are planning to erect an automobile dealership. He stated that the street in the back of the property is not a problem. He stated that they are investing $2.5 million and will employ about 40 people in the Corpus Christi area. He stated the company will be an asset to the City. Mr. Vara noted he understood the concern of the citizens, and he is in agreement with whatever the City decides, even if the dealership has to lose some property in the back. Mr. Rudy Cuellar, 5022 Bonham, stated he was not in opposition to the zoning but was against the opening of Johanna Street. He stated there is a lot of traffic on Kostoryz, and the traffic will travel down Johanna Street and through the neighborhood. He showed photographs of the parking situation on a typical weekend. He stated that pressure from the neighborhood forced the flea market to install a fence. He stated that the neighborhood would like to see Johanna Street dead -ended. He pointed out that there is not a problem at the present time because of the fence. After further discussion, Council Member Slavik expressed her concern about the possible traffic problem. nutes agular Council Meeting April 14, 1987 Page 13 Assistant City Manager Elizondo stated that closing the street, stubbing it, or making a cul-de-sac is something which should be discussed with Items 11, 12 and 13. He stated those items deal with the street, the assessment, the opening of the streets and the dedication. He stated that the zoning application is only for "B-1" to "B-4", and he urged the Council to keep the issues separate. Mr. Lionel Realls, Jr., a resident on Bonham Street, pointed out that Mr. Vara stated that the dealership would be willing to lose some property. He stated he had no problem with the rezoning but wanted the street stubbed off. A motion was made by Mayor Pro Tem Best that the hearing be closed; seconded by Council Member Mendez; and passed unanimously. Secretary Chapa called the roll and the following Ordinance was passed: 19. ORDINANCE NO. 19710 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF NORTH PARK HYUNDAI BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 2, SECTION 3, BOHEMIAN COLONY LANDS FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; 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, and Slavik voting, "Aye"; Guerrero absent at the time the vote was taken; Strong absent. Council Member Guerrero departed the Council meeting during the public hearing. Mr. Wenger presented the next zoning application. 20. Application No. C387-1, City of Corpus Christi: For a change of zoning from "B-1" Neighborhood Business District to "8-5" Primary Business District on Lot 1A, Block 1, Koolside Addition, located on the north side of McArdle Road, between Airline Road and Dorothy Drive. 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 stated that in response to the 16 notices mailed to property owners within a 200' radius, four were received in favor and three in opposition. He also stated that one petition with 106 signatures from outside the notification area was submitted in favor. nutes Kegular Council Meeting April 14, 1987 Page 14 Mr. Wenger stated the Planning Commission recommends denial, and in lieu thereof, grant a special permit for existing signage with the exception of one sign on the owner's original site plan on McArdle Road, and that two signs be combined on a single structure at the location on McArdle Road, all in accordance with a revised site plan. He stated that the Staff recommends denial. Mr. Wenger stated there was a public hearing on February 3, 1987 and the Council directed the Staff to initiate another application for "B-5" zoning with the understanding that the Council could then grant a special permit legalizing existing signs. He stated the property is the Crossroads Shopping Village located on the northwest corner of Airline and McArdle Roads. Mr. Wenger indicated that the twenty percent rule is in effect, and it would take seven members of the Council to pass the Ordinance pertaining to this case. Mayor Jones called for comments from the audience. Mr. Bill Brown, 4745 Ocean Drive, stated that he had appeared before the Council on February 3 for an application for "B-4" zoning. He stated at the meeting a motion was passed by the Council to direct the Staff to initiate another application for the property for "B-5" zoning for the signs with the understanding that the Council could grant a special permit for the existence of the signs in lieu of the "B-5" zoning. He stated that at the hearing before the Planning Commission, there was no opposition to the signage by the Commission or by the citizens. He stated he also didn't detect any opposition from the Council at the February 3 meeting. He stated that the signs have been there for many years without any incident or complaint until this past Christmas season when several citations were issued to a number of businesses for the signs. Mr. Brown stated that he is in agreement with the Planning Commission's recommendation and displayed slides of the signs, and stated he would remove the one sign because of traffic obstruction. He requested the Council to allow the other two signs to remain and pointed out that this deviated from the Zoning & Planning Commission's recommendation. Mr. Brown explained that in the lease agreement with Catfish Charlie's, there was a concession to allow the existence of the tiered signs and the rooftop sign. He stated it is extremely vital to the restaurant that it have the street identification signs, and that to combine the two existing signs would create a cluttered appearance and would infringe upon the rights in the lease agreement. He passed out photographs, aerial renderings of the center, and detailed drawings showing the exact location and size of the existing signs. Mr. Brown expressed his concern about the wording of the ordinance and the way it is written. He stated initially they never thought they were in violation of any sign ordinance and were shocked when the businesses were issued citations. He questioned whether the ordinance allows one sign per building or nutes Regular Council Meeting April 14, 1987 Page 15 one sign per property, and stated that the Legal Department has not said whether the signs are or are not in violation of "B-1" zoning. He urged the Council to grant them a Special Permit to allow all of the existing signs to remain. He noted they do not plan additional signage or enlarge any signage. He again pointed out he would remove the one small sign identifying the 15 unique shops. Mr. Ross Langham, Jr., representing Catfish Charlie's, stated he thought the signage problems and questions were resolved and just recently found out the signage has become an issue again. He stated he would like to impress upon the Council the importance of his signage concerning his business. He implied his signs do not hamper traffic. He stated he has not received any complaints about his signs. In answer to a question from Council Member Slavik regarding combining the two existing restaurant signs, Mr. Langham stated he does oppose combining them. He stated his sign is his sole identification and that they pay for the ground it stands on, the material the sign is made of, and the annual upkeep of it. He noted that he did not want any other sign attached to his sign. He stated that in his lease agreement they have the right to have their name on the shingle sign. He stated he is in the back of the shopping center, and people have great difficulty finding the building without the street signage. Mr. Armando Rodriguez, owner of the Saigon Vietnam Restaurant which was formerly Julian's Restaurant, spoke in opposition to removing or combining the signs. He stated he is just starting in business and the sign is very important to his restaurant. He stated that his business cannot be seen from the street at all, and the sign is the only means for people to find his restaurant. He stated he did not want his sign combined with Catfish Charlie's sign. In response to a question from Mr. Brown pertaining to the 20 percent rule being in effect, Mr. Wenger pointed to the map showing the area which is in opposition and stated those areas constitute 20 percent of the total area. A motion was made by Mayor Pro Tem Best to close the public hearing; seconded by Council Member Mendez; and passed unanimously. Mayor Jones stated that the Staff involved in issuing the citations were trying to enforce the ordinance. He stated it is a major problem and the ordinance should be enforced. He stated he will support the Planning Commission's recommendation. Council Member Slavik stated she did not see any harm in the signs only if there was a problem of traffic safety. She stated the restaurants are in the back, and the signs are needed for identification. In response to a question from the Mayor pertaining to a motion or ordinance, City Secretary Chapa stated that the Council can vote on the motion, but it will come back as a consent ordinance next week as amended. nutes ..egular Council Meeting April 14, 1987 Page 16 Council Member McComb made a motion that the one sign which has the 15 unique shops be removed because it is a traffic concern to the neighbors, and that the other two existing identification signs be left; the motion was seconded by Council Member Pruet; and passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Slavik voting, "Aye"; Guerrero and Strong absent. Mayor Jones called for consideration of Consent Ordinances Nos. 11, 12 and 13 regarding the Johanna Street improvements. Assistant City Manager Lontos spoke regarding the opening of Johanna Street. He displayed slides of the area. He stated that development of Johanna Street from Kostoryz Road to Bonham Street was deferred until all of the necessary right-of-way had been dedicated and development of the properties began. He stated with the current platting of Lots F-2 & F-3 in Boulevard Acres, the remaining street right-of-way will be dedicated. He stated the developer is willing to construct the Street as a 28 -foot wide roadway. He stated the residents in the area expressed concern about Johanna being constructed as a through street because it would increase traffic. He stated that after researching the possibility of closing a portion of Johanna to prohibit the connection from Kostoryz to Bonham, the Staff feels the City cannot physically, legally or fairly close a portion of the street to prevent the connection. He explained the property owners abutting Johanna purchased the tracts and dedicated street right-of-way with the intent of accessing the street one day as an improved thoroughfare. He stated that a fence has been voluntarily installed around the flea market now which prohibits direct access. He stated the Staff felt the City should not deny the access and that Johanna be constructed as proposed. He stated that the City will enter into an agreement to pay its share of the cost for all except that which is going to be paid for by the developer, and the City would assess the remaining property owners along Johanna for the costs of these improvements. He stated that the City's costs would not exceed $36,470 and would receive about $28,000 from assessments. He stated the Staff looked at all the possibilities and felt that the development of lots F-2 and F-3 will necessitate the opening and construction of Johanna Street to provide adequate traffic circulation. After further discussion by Mr. Lontos, Mayor Jones stated that the problem for the neighbors appears to be the flea market and not the automobile dealership. He inquired if the fence remained around the flea market if the neighborhood would be happy. Mr. Cuellar responded to an extent they would be happy, but he expressed his concern about the traffic at peak hours because people are always looking for a way out, and opening the street to Kostoryz would give them a way out. He stated this was one of the items addressed in the petition. nutes xegular Council Meeting April 14, 1987 Page 17 In answer to a question by Council Member Mendez pertaining to a cul-de-sac and turnaround, Mr. Lontos stated that unless you close a portion of the right-of-way, there will be a public right-of-way abutting the cul-de-sac. He stated a cul-de-sac with the street open legally may not be a problem now, but would be in the future. Mr. Nixon stated that he sent the flea market a letter explaining that they were planning to extend Johanna to Bonham and asked them to move their fence and some sheds which are out in the right-of-way of Johanna. He stated he believed their intent was to move the fence back and still have no access to the street. Council Member Mendez stated he thought the cul-de-sac would be the solution and suggested that the Staff meet with the flea market owners. After more discussion, Mr. Lontos stated that Bonham Street was never intended to dead-end, and that is why there was no cul-de-sac provided. He stated that is the reason that one-half the street is paved, and it is intended to go through. He stated there was no platting provision made for the additional dedication that is required for a turnaround. He also stated that the platting ordinance states that a cul-de-sac should not exceed 500 feet and this would be 600 feet, and would be a contradiction to the platting ordinance. Council Member Slavik expressed her concern about protecting the neighbors and Mr. Lontos stated he didn't believe the traffic would be a bad situation. Council Member Mendez withdrew his recommendation about the cul-de-sac and stated the only logical thing to do is extend the street; and hopefully, the concern regarding the amount of traffic on Bonham wouldn't become a reality. The vote on the ordinance was delayed until six Council Members were seated. Council Member McComb departed the meeting during the previous discussion. * * * * * * * * * * * * * Mayor Pro Tem Best called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Hank Snyder stated that the City Council has been exceedingly beneficial to the citizens of Corpus Christi, and we should be grateful for their service. He stated the Council has given of their time, effort, and energy to see the City move forward, and expressed his appreciation for their dedication and their spirit. Council Member Mendez asked Mr. Cuellar if he had any additional comments pertaining to the Johanna Street situation, and he responded that he wasn't happy with the outcome. nutes negular Council Meeting April 14, 1987 Page 18 After more comments from Mr. Cuellar and Council Member Pruet, Council Member Mendez again reiterated that the Council has to comply with the City Ordinance regarding the 500 feet for a cul-de-sac, and the only logical thing would be to connect the street to Kostoryz. Council Member Slavik expressed her concern about the traffic problem on Kostoryz and asked if there was anything which could be done in the future to relieve the traffic problem. Mr. Lontos responded that the Staff will look into the traffic situation and it will be monitored. Mayor Luther Jones asked Assistant City Secretary Zahn to call the roll for the vote on the ordinances. She polled the Council for their votes and the following Ordinances were passed: 11. ORDINANCE NO. 19706 AUTHORIZING THE EXECUTION OF A CONTRACT WITH HARBOR HYUNDAI, INC. FOR THE CITY'S SHARE OF THE COST OF STREET AND DRAINAGE IMPROVEMENTS ON JOHANNA STREET FROM KOSTORYZ ROAD TO BONHAM STREET; APPROPRIATING $36,470; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Mendez, Pruet, and Slavik voting, "Aye"; Guerrero and McComb absent at the time the vote was taken; Strong absent. 12. ORDINANCE NO. 19702 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Johanna Street from Kostoryz Road to Bonham Street; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Mendez, Pruet, and Slavik voting, "Aye"; Guerrero and McComb absent at the time the vote was taken; Strong absent. 13. ORDINANCE NO. 19703 APPROVING THE WRITTEN STATEMENT OF TH CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: Johanna Street from Kostoryz Road to Bonham Street; DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL FOR May 12, 1987, DURING THE REGULAR 2:00 P.M. COUNCIL MEETING IN THE COUNCIL CHAMBERS, CITY HALL, 302 SOUTH SHORELINE BOULEVARD; AND DECLARING AN EMERGENCY. nutes xegular Council Meeting April 14, 1987 Page 19 The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Mendez, Pruet, and Slavik voting, "Aye", Guerrero and McComb absent at the time the vote was taken; Strong absent. * * * * * * * * * * * * * Mayor Jones expressed his appreciation to Assistant City Manager Lontos for the superb job he is doing for the City. He stated that Mr. Lontos' patience, sense of humor, and giving the Council all the alternatives and picking the best course of action made it easier for the Council to make their decisions. * * * * * * * * * * * * * City Manager McDowell stated that in reference to Aubrey Street, the Staff has received a good faith deposit check for $10,000 on the property , and it will bring the City a net of about $500,000. He also stated the Staff will be advertising for the property on Shoreline, the old Tourist and Convention Bureau Building. Mr. McDowell, on behalf of the Staff, expressed appreciation for the Mayor's support of the Staff during his tenure as Mayor. He also expressed appreciation to Mayor Pro Tem Best and Council Member McComb for their support during their tenures on the Council. There being no further business to come before the Council, on motion by Council Member Pruet, seconded by Mayor Pro Tem Best and passed unanimously, the meeting was adjourned at 5:19 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 April 14, 1987, which were approved by the City Council on April 21, 1987. WITNESSETH MY HAND AND SEAL, this the S � day of Armando Chapa, City Secretary City of Corpus Christi, Texas Betty hfrner, MAYOR