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HomeMy WebLinkAboutMinutes City Council - 04/28/1987MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING APRIL 28, 1987 2:00 P.M. PRESENT Mayor Betty Turner Mayor Pro Tem Mary Pat Slavik Council Members David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Linda Strong v City Manager Craig McDowell City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Berlanga, 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 Mayor Pro Tem Slavik that the Minutes of the Special Council Meetings of April 20, 1987 and April 21, 1987 be approved as presented; seconded by Council Member Mendez; and passed unanimously. * * * * * * * * * * * * * Mayor Turner announced the bid opening on the 1986 Minor Storm Sewer Improvement project. Mr. James K. Lontos, Assistant City Manager, opened bids on the project from the following firms: Backhoe Lease Service, Inc.; J. J. Fox Construction Co.; Haas Paving Company; Hannes Construction Co.; Inc. & J&B Contractors dba South Texas Utility Contractors. Mr. Lontos verified that all companies submitting bids had also submitted the required security bond. He stated that all of the companies except J. J. Fox Construction Co. had acknowledged receipt of the addendum. MICROFILMED 4inutes Regular Council Meeting April 28, 1987 Page 2 Mayor Turner 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.) * * * * * * * * * * * * * City Manager Craig McDowell referred to Item 16a which is a Resolution opposing passage of Senate Bill No. 1221 and House Bill No. 1770. He stated that the Committee is presently convening in Austin to consider the Bills and would like the Council to take action so their position can be phoned to Austin. City Attorney Hal George stated that members of the Staff are in Austin testifying on these particular Bills. He stated that one of the Council's legislative policies is to oppose legislation which will increase rates to our rate payers. He stated that the Staff is prepared to oppose these two Bills which will end up costing the rate payers in Corpus Christi more money. He expressed the opinion that the Council go on record opposing these two Bills. City Secretary Chapa polled the Council for their votes; and the following Resolution was passed: 16a. RESOLUTION NO. 19720 9. EXPRESSING OPPOSITION TO SENATE BILL 1221 AND HOUSE BILL 1770 WHICH WOULD MAKE IT EASIER TO INCLUDE CONSTRUCTION WORK IN PROGRESS IN UTILITIES RATE BASE AND ELIMINATE REASONABLE REIMBURSEMENT TO CITIES FOR COSTS OF EMPLOYING EXPERTS IN RATE MAKING PROCEEDING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Resolution passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes, and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions, Items 1 through * Items 2, 4, 5, 7 and 9 were withdrawn pending further discussion. 1. M87-0159 Approving a supply agreement for fire hydrants for an estimated annual expenditure of $38,439.60 based on low bid meeting specifications to Industrial International. The term of this agreement will be twelve months with option to extend for an additional twelve months at the same terms and conditions subject to the approval of the supplier and the City Manager or his designee. These items are for the Water Division. Funds were approved in the 1986-87 budget. Minutes Regular Council Meeting April 28, 1987 Page 3 2. M87-0160 * Approving a supply agreement for meal delivery service for an estimated annual expenditure of $36,576 to Carr's Delivery Service based on low bid. The term of this agreement will be twelve months, with option to extend for an additional twelve months at the same terms and conditions, subject to the approval of the supplier and the City Manager or his designee. This service is for the Elderly Nutrition Program for Senior Community Services. Funds were approved in the 1986-87 budget. 3. M87-0161 Approving the purchase of seventeen pick-up trucks and vans from Creveling Motor Co., $145,488.55, & Tradewinds Ford, $11,297. Funds were approved in the 1986-87 budget. 4. M87-0162 * Approving the purchase of park and playground equipment from Persenaire Park and Playground, Vaughan and Associates, and Sports and Recreation Products for a total of $22,665.53 based on low bid and low bid meeting specifications. These items will be installed in neighborhood parks by the Parks Division. Funds were approved in the 1986-87 budget. 5. M87-0163 * Awarding a contract in the amount of $214,800 to D. Brothers, Inc. to repair and repaint the water storage tanks at Alameda Street and Carmel Parkway and at Flour Bluff Drive and Division Road. 6. M87-0164 Accepting the Runway 17-35 Rehabilitation and Lighting Improvements; authorizing final payments of $108,621.53 to Oceanside Asphalt, Inc., $9,865.24 to Pecan Valley Electric Company, Inc., and $5,173.80 to Pavement Specialists, Inc.; and authorizing additional resident inspection fees of $3,313.50 to W. P. Wills Consulting Engineers. 7. M87-0165 * Authorizing the Staff to negotiate an engineering services contract with Shiner, Moseley and Associates for utility line adjustments under the Corpus Christi Ship Channel. 8. M87-0166 Authorizing the City Manager to purchase excess liability insurance for the period 05/01/87 to 10/01/87 as recommended by the Risk Manager and as brokered by Arthur J. Gallagher & Company. 9inutes Regular Council Meeting April 28, 1987 Page 4 9. M87-0167 * Scheduling a public hearing on May 12, 1987, to consider the closure of the dead-end portions of Burton Street and Nelson Street from Williams Drive northward. There were no comments from the Council or the audience on Consent Motions 1, 3, 6 and 8. A motion was made by Council Member Guerrero that Consent Motions 1, 3, 6 and 8 be approved; seconded by Mayor Pro Tem Slavik; and passed unanimously. Mayor Pro Tem Slavik referred to Item No. 2 pertaining to approving a supply agreement for meal delivery service. She inquired how many individuals received this home delivery last year. Assistant City Manager Bill Hennings stated there are 150 meals per day, and one person receives one meal a day. In reference to Hennings stated that and stated if there reduced. a question from Council Member Rhodes on Item No. 2, Mr. the Staff doesn't have the planning figures for next year is a reduction, the number of meals would have to be Council Member Mendez referred to Item No. 4 pertaining to the purchase of park and playground equipment. He inquired if the Staff had spoken to Priscilla Waller regarding these bids. He stated that there are small businesses in Corpus Christi who are registered with the small business assistance program and they should be allowed to bid for these projects. City Manager McDowell responded that he didn't believe Ms. Waller was contacted. Council Member Mendez recommended that in the future, the Staff small companies that these bids are available from the City. Council Member Rhodes referred to Item No. 5 pertaining to the repairs and repainting. She referred to the fact that one Brownsville PUB, is currently in litigation with D. Brothers who awarded the contract with the City. advise the water tank reference, have been In answer to questions posed by Council Member Rhodes and Mayor Turner regarding their concerns over the litigation item, Assistant City Manager Lantos stated that the references on this company were fairly recent and the work had been done in the past couple of years. He stated that nine references were checked and good comments were received. Mayor Pro Tem Slavik referred to Item No. 7 pertaining to the utility line adjustments under the Corpus Christi Ship Channel. She inquired about the cost of lowering these utility lines and if the City or the Port paid the cost. 1inutes Regular Council Meeting April 28, 1987 Page 5 City Manager McDowell stated that it will be paid from the Utility Fund and that the City will not be reimbursed by the Port. In answer to a question from the Mayor on the same item, Assistant City Manager Lontos stated he did not know the anticipated cost but that it would be prorated. A motion was made by Council Member Guerrero to approve Consent Motions 2, 4, 5 and 7. The motion was seconded by Council Member Mendez and passed unanimously. Council Member Strong referred to Item No. 9 pertaining to the Burton and Nelson Street closures. She stated that her recollection of the March 23 meeting when the Council considered the stubbing of Corona, the motion made by Dr. Best stated that the Council wanted to keep the right-of-way for Burton and Nelson as part of the City property. She inquired that if a public hearing is considered to dead-end those portions, what will happen to the right-of-way. City Manager McDowell stated that Alternate "B" in the Council's report is a little misstated because the street could be closed but not abandoned, and the City would maintain the right-of-way. He stated that there are two options: 1. Do nothing and leave the street as it is; and 2. Schedule a public hearing for the purpose of closing the street but not abandoning the street. He stated that the right-of-way and public ownership would be maintained, but the street would be closed. He stated it concerns the way the property can ultimately be platted and accessed in terms of legal access versus actual access. Council Member Guerrero inquired about the intent of the motion on March 23 to stub off Corona and prevent access to Burton and Nelson Street. City Manager McDowell stated as the Staff understood the intent of the Council, when the decision was made to reduce Williams from a 40 ft. street to a 28 ft. residential street, the issue arose of access out of the commercial venture onto the residential street. He stated that the decision was made to allow access through Betty Jean but to not allow access from Burton and Nelson. He stated the issue before the Council today is in the platting of the Blanche Moore property. He stated that if Alternate "A" is chosen, the property can be platted. He explained that if a decision was made to plat three parcels, legal access would be provided out through Nelson, Betty Jean and Burton without having physical access. He further stated that the issue would be left open in the future that there may be a request of the City Council to put in a street to allow the access. He stated that if the streets were closed, the issue of legal access would be precluded, and the platting would be done in a different fashion. He further stated there is a question in the platting, and that the Council has stated they do not want to allow access. Mr. McDowell stated that the Staff could, if the street is left as is, deny a permit, but at some future point there might be pressure to do something about it. Minutes Regular Council Meeting April 28, 1987 Page 6 In answer to a question from Council Member Guerrero, City Manager McDowell stated that Alternate "B," which is to close the street but not abandon the right-of-way, you shut off the access out in the way the property is platted. He stated there would not be legal access for interior development as there would if Alternate "A" were chosen. He stated it was clear that the Council did not want to give up the land and the right-of-way. Mr. McDowell stated another alternative would be to leave it as is and try to get some covenant which would run with the land during the platting process. He stated it would allow the legal access issue so the property could be internally developed, but there would be a covenant that would run with the land forbidding them from having any kind of access from the tract. In answer to a question from the Mayor, Mr. McDowell stated that if Alternate "A" were chosen, nothing is done and the street is left as is. He stated that they can plat with legal access. He stated that if the street were closed but not abandoned, it confirms that the decision that the Council made about not allowing access will stand but it does materially affect the way the property can be developed. He stated that the Staff is suggesting a covenant as an alternate. In answer to a question from the Mayor regarding a public hearing if the covenant route were chosen, Mr. McDowell stated a public hearing would be required if you wanted to change it, but it would not require a public hearing to put it on. In answer to a question from Council Member Pruet, City Manager McDowell stated that Alternate "A" would allow legal access and would allow them actual access if the Staff chose not to oppose it. Council Member Pruet stated that the entire area of Everhart, Staples, SPID and Holly should be looked at in some kind of long range plan before irrevocable decisions are made on how this entire area is going to be treated in the future. City Manager McDowell stated that the concern is that as the parcels are marketed, if the Council's decision is not to allow access, then that needs to be made perfectly clear to whoever is buying the parcels. In answer to a question from Council Member Strong concerning legal access, City Manager McDowell responded that in order to plat the parcels the way they proposed to plat them, there needs to be legal access. Council Member Strong stated that during the last several months the Council has made every honest attempt to encourage the development of the Blanche Moore tract of property. She stated that the action that was taken on March 23 protects the integrity of the Gardendale neighborhood. She expressed the opinion that in order to facilitate development, that legal access should be provided so that the developer can subdivide. 9inutes Regular Council Meeting April 28, 1987 Page 7 Council Member Guerrero stated that he also is for the orderly development of the property. He stated that the Council ignored the Staff's, the Transportation Advisory Board's and the Planning Commission's recommendations and also ignored public comment on this development. He stated that the Council reached a compromise that needs a check and balance, and that is why the Staff is recommending that there be a public hearing to close the streets. He stated if there is only a covenant then this Council or no other Council will ever know anything about any changes. Council Member Strong stated that the Council had listened to all the recommendations on several occasions. She stated that on March 23, eight of the Council voted for an action which said they recognize the need to maintain the right-of-way for the City. She stated it is up to the Council to vote on what is in the best interest of the City. Council Member Rhodes expressed concern about Alternate "A." She stated that at the public hearing, the neighborhood was under the impression that the streets were going to be closed. She stated that was a compromise that was put forth, and she didn't feel the Council could let the neighborhood down. In reference to a question from Mayor Pro Tem Slavik, City Manager McDowell stated there are three options and explained Alternate "C." He stated Alternate "C" is to have the developer execute a covenant and make it a requirement of the plat that there not be access onto Williams. He stated the covenant would be recorded and cannot be changed without a public hearing. He stated it would run with the land and also protect the residents in the neighborhood. He stated that the Staff recommends Alternate "C." Council Member Mendez stated that the Council needs to protect the public right-of-way and that he is in favor of preserving the right-of-way. Council Member Guerrero stated that he thought the Council made a grave mistake in stubbing off Corona. He stated that he thought a public hearing is necessary. He stated that the Council needs not only to protect the public and the neighborhood, but also the integrity of the Council, future Councils and the Staff. City Manager McDowell repeated Alternate "C" for Council Member Pruet's clarification. He stated that it will require a covenant running with the land and a condition of the platting of that property that access would not be allowed to Nelson and Burton Lanes. He stated that the street would not have to be closed. He stated it would allow the developer to plat the land, have legal access and be able to subdivide it, but would let everyone know who was buying the property that they would never have access to those streets. He stated that in the future if a change were requested, it would have to go before the Planning Commission for a hearing and to the Council. Ainutes Regular Council Meeting April 28, 1987 Page 8 Mr. Paul Pearson, Co-executor of the Blanche Moore Estate, addressed the Council about the sense of urgency that this tract cannot be developed without certainty of the ultimate traffic plan. He stated that this project has been two years in the process, and there have been eighteen months of discussions and negotiations. He stated that the action taken after the public hearing was a complete surprise to the estate and contrary to the Staff's recommendations. He stated that the developer arranged for Wayne Lundquist to conduct a survey which showed that 78 percent of the people living on Williams wanted a 40' or 48' wide street and wanted the three stub streets open. He referred to the binding legal contract with the City of Corpus Christi. He stated that after the last public hearing was closed and it appeared that the Council was on their way to deciding that Williams should be 40' instead of 28', the Staff then proposed that if the street was to be a 28' street, then all three stubs should be closed. He stated he had no chance to respond to that action, and had no chance to inform the Council that there was a binding legal contract. He stated that the estate stands ready, willing and able to comply with the contract. He reminded the Council that this contract was the Staff's recommendation and they have followed it in good faith and have no choice but to enforce it. He stated that Alternate "B" kills the project. He requested compliance to the contract and stated he has made major financial concessions and negotiated in good faith with the Council. Mr. Pearson requested that Council Member Leo Guerrero disqualify himself from any further voting or debating on this issue and stated that Mr. Guerrero has an open and obvious conflict of interest. City Attorney Hal George stated that the City appreciates the investment that the estate made in the community and appreciates the sacrifices they made. He stated that the City has also made major concessions. He stated that it was understood that the terms of the agreement that the City signed were contingent upon certain things happening in the future, and those things in the future had to happen, among those things being the amendments to the Master Transportation Plan. He stated that there is not a particular binding agreement that those streets be kept open. He explained that there is a binding agreement to go forward with this plan in concept. He stated that it is fully within the Council's prerogative to amend or not amend and it is not a binding obligation. Council Member Guerrero stated that the delay was the fact that there was no compromise reached, and the Council went to the other alternatives. He stated he took exception to the Wayne Lundquist survey. He stated there was no conflict of interest when Mr. Pearson asked him to lobby for the developer, but he is accused of having a conflict of interest when he doesn't agree with the developer. Mr. Richard Rice of Parkway Investments stated that as he understands Alternate "C", the Council is requesting that the developer sign some type of covenant whereby they would limit access to Burton and Nelson streets and it would run with the land. He stated he didn't believe this was acceptable. He stated they based their entire planning system, engineering and development on the City Council's compliance with the original agreement. He stated he thought they had a binding agreement. He stated they have designed an entire system approved by the City based on the connection of Burton and Nelson. Minutes Regular Council Meeting April 28, 1987 Page 9 City Attorney George stated that in reference to the conflict of interest regarding Council Member Guerrero, that he has reviewed the Ordinance and also spoken with Mr. Guerrero. He stated each Council member has to decide on his own whether there is going to be a financial benefit to them. He stated he did not think there is a conflict of interest pertaining to Council Member Guerrero. Mr. George then requested that the Council make a motion to go into closed session to discuss the potential litigation. Mr. Pearson stated that in order to keep the project from being terminated, they would prefer Alternate "C" over Alternate "B" without in any way waiving any legal rights they have to defend their contract. He stated Alternate "C" is acceptable. A motion was made by Council Member Rhodes to go into closed session; seconded by Mayor Pro Tem Slavik; and passed unanimously at 3:12 p.m. * * * * * * * * * * * * * Mayor Turner reconvened the meeting at 3:29 p.m. City Attorney Hal George, referring to Item No. 9, stated that after considering Mr. Pearson's discussion of the contract and his statement that he was going to insist on strict compliance of the contract, recommended to the Council that they they vote to table this item for one week and instruct the City Manager and the City Attorney to enter into discussions with Mr. Pearson and his clients to reach an acceptable type of agreement. A motion was made by Council Member Mendez that Consent Motion No. 9 be tabled for one week; seconded by Council Member Pruet; and passed unanimously. Mayor Turner called for consideration of Consent Ordinances on Items 12, 15, and 16. Items 10, 11, 13, 14 were withdrawn pending discussion. There were no comments from the Council or audience on Items No. 12, 15 and 16. City Secretary Chapa polled the Council for their votes; and the following ordinances were passed: 12. ORDINANCE NO. 19723 AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE CONTRACT FOR ENGINEERING SERVICES WITH W. P. WILLS, CONSULTING ENGINEERS, PROVIDING FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE RUNWAY 13-31 TAXIWAY REHABILITATION PROJECT; APPROPRIATING $110,000; AND DECLARING AN EMERGENCY. finutes Regular Council Meeting April 28, 1987 Page 10 The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 15. ORDINANCE NO. 19725 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF TAYLOR BROTHERS BY GRANTING A SPECIAL COUNCIL PERMIT FOR A SHOPPING CENTER WITH 17 CONDITIONS ON LOTS 65 AND 66, BLOCK 816A, PORT ARANSAS CLIFFS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 16. ORDINANCE NO. 19726 (Third Reading) AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE SOUTHSIDE YOUTH SPORTS COMPLEX, INC., FOR THE LEASING OF TWO PARCELS OF LAND IN PRICE PARK FOR THE PURPOSE OF CONDUCTING A YOUTH BASEBALL PROGRAM. The foregoing Ordinance passed on its Third Reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." Mayor Turner referred to Item No. 10 pertaining to the Flour Bluff Area Street Improvements. She inquired how Bel Air Drive qualified for the Voluntary Paving Program when out of eighteen people, twelve people voted no. City Manager McDowell responded by stating that the Council could consider that as part of the entire parcel involving the other streets or consider Bel Air Street on its own and remove it. Council Member Mendez stated that he thought it was important that the Council include the streets that either surround or are adjacent to the piece of property where street improvements are made. He pointed out that if you skip one street, you then have a situation where in the future the homeownership would change. He stated that if a number of streets within a subdivision are going to be improved and there is a street which the people do not want improved, he recommended it be done anyway. In answer to a question from the Mayor, City Manager McDowell it is not really voluntary paving, but the Council can add it to because the entire area is involved. Mayor Turner stated that there are a lot of citizens who want to their streets, but if this neighborhood doesn't, perhaps shouldn't take action on this item. stated that the program improvements the Council Kinutes Regular Council Meeting April 28, 1987 Page 11 Assistant City Manager Lontos suggested to the Council that they proceed with this project at the present time. He stated that the bids have been taken and the assessments are tabulated. He stated that the notices will be sent to the property owners and a public hearing will be held on the assessments. He stated that the decision can be made at the time of the public hearing not to improve Bel Air Drive. Council Member Moss referred to Item No. 13 pertaining to the traffic signal capital improvements. In answer to a question from Council Member Moss, Tom Stewart, Director of Transportation, stated that all the streets in the program will be implemented, and David Seiler, Director of Traffic Engineering, explained further that the equipment will probably be received in September; the work will be performed by the Traffic Engineering Staff and should be completed about the first part of 1988. There were no comments from the audience on Items 10, 11 and 13. City Secretary Chapa polled the Council for their votes and the following Ordinances were passed: 10. ORDINANCE NO. 19721 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Flour Bluff Area - 1. Tahiti and Samoa Drives, from Mediterranean Drive to Cul -de -Sacs, 2. Bimini Drive, from Caribbean Drive to Cul -de -Sac, and 3. Bel Air Drive, from Waldron Road westward 885 feet to the existing improvements; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Pruet, Rhodes, and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. 11. ORDINANCE NO. 19722 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: Flour Bluff Area 1. Tahiti and Samoa Drives, from Mediterranean Drive to Cul -de -Sacs, 2. Bimini Drive, from Caribbean Drive to Cul -de -Sac, and 3. Bel Air Drive, from Waldron Road westward 885 feet to the existing improvements; DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BE THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL DURING THE REGULAR 2:00 P.M. COUNCIL MEETING ON MAY 26, 2987, IN THE COUNCIL CHAMBERS, CITY HALL, 302 SOUTH SHORELINE BOULEVARD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Pruet, Rhodes, and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. Minutes Regular Council Meeting April 28, 1987 Page 12 12. ORDINANCE NO. 19724 AUTHORIZING THE EXECUTION OF CONTRACTS WITH TRAFFIC SIGNALS, INC. FOR THE PURCHASE OF TRAFFIC SIGNAL "SYSTEM COORDINATION" EQUIPMENT FOR THE INTERCONNECTION OF EXISTING SIGNALIZED INTERSECTIONS ON KOSTORYZ ROAD, WEBER ROAD, DODDRIDGE STREET, AND AIRLINE ROAD; APPROPRIATING $281,452; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Pruet, Rhodes, and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. Mayor Turner called for consideration of Item No. 14 pertaining to the City Hall Annex Evaluation and Structural Analysis. Council Member Berlanga stated he recalled when the presentation was made by Ms. Dorothy Kucera that the City Hall Annex Building be used by the Art Community Center. He stated that the building is in a good location, and the Council should make every effort to preserve the building for use by the Art Community Center. He stated that he didn't think a structural analysis is needed because the building is in good, sound condition. Ms. Dorothy Kucera of the Art Community Center made a slide presentation showing an architectural rendering of what the City Hall Annex would look like if it were obtained by the Art Community Center. She stated that the Art Community Center is a non-profit group and will turn the building into an attractive facility which will have much to offer the community. She stated they plan to have a large gallery inside where local artists' work could readily be seen and where the artists could be seen working. She pointed out there would be an outdoor courtyard where the artists could work outdoors and inside there would be about five or six individual studios. She stated that in their present location they only have 4,100 square feet and no off-street parking and it is in a very bad location. She stated that there is a sizable artist colony in Corpus Christi. She stated that it has been historically proven that an existing building can be renovated for a lot less than building a new building, and she stated that the Annex could be renovated for about $300,000 to $350,000. She stated that it would be wasteful to demolish the building. She referred to a proposal presented by the Parks Board concerning an alternate site which consisted of sharing a warehouse with the Creative Arts Center. She stated that the warehouse is in terrible condition and that there wouldn't be enough space. She also referred to another proposal where a new building would be built in the Heritage Park area and stated it would be more expensive and not in a visible place. She stated her proposal would be a real aid to downtown revitalization. She further stated that the group is not asking for capital funds to renovate the building and that they will raise the money themselves. Council Member Mendez stated that the Council should discuss what is going to be done with the buildings when they are vacated and it should be made an agenda item for discussion. Ainutes Regular Council Meeting April 28, 1987 Page 13 Mayor Turner expressed concern regarding the Annex building because it was definitely only supposed to be a temporary facility and was constructed about forty years ago. Council Member Rhodes stated that she has been by the proposed warehouse site and it didn't look like a place where artists should be. She stated that the Council needs to make up their minds on what to do with the buildings. She stated she is fully supportive of the local art group having the Annex. She stated that the item should be on the agenda as soon as possible to give the artists enough time to start on a fund-raiser. Mr. Charles Blum, Chairman of the Park & Recreation Board, stated that he is in support of the arts and believes the Art Community Center is located in a bad environment. He stated that in 1947, the Annex was constructed as a temporary building and was supposed to eventually be removed. He referred to a Special Council Meeting in March of 1983 where Mayor Pro Tem Betty Turner made a motion, which passed, which stated that when the new City Hall is built, that the Council commit to tearing down the existing City Hall, the Utilities Building and the City Hall Annex and take necessary steps to insure that no future buildings be built on Shoreline Drive. He stated that the Council needs to decide on what the public wants and that they have to decide on long range plans. He then presented a graph showing different plans concerning traffic patterns along Shoreline pertaining to long range planning along the Bayfront. He stated that the most important thing that the Council should consider is the budget and what the City can afford. He stated that an architect with the City Engineering Department did an architectural engineering study on the building and reported that the City Hall Annex did need major repairs. He stated that in the architect's opinion to bring the building to an acceptable level would take approximately $250,000. Mr. Blum read financial information pertaining to the Art Community Center Building and stated that it operates at a deficit. He stated he didn't feel the group had the ability to raise the $250,000. He stated the group did not approve of the first proposal to share the warehouse and stated another proposal was presented to them where the two groups would each receive a grant of $150,000. Council Member Pruet stated that the Council has talked about the need for developing the Master Plan for the area from I-37 down to the Ship Channel and stated that the art community needs to be involved in developing that master Plan. He stated he is very supportive of the proposal made by Mrs. Kucera, but the Council would have to determine the best use for the buildings in question. Council Member Rhodes stated that she was Chairman of the Coalition that opposed the City Hall being in the median because they didn't feel that a governmental building ought to be in the median, but an Art Community Center would be a different story. She stated as far as the group running at a deficit, it should be to their credit because of their location and she felt that the group would definitely be able to raise the money. Minutes Regular Council Meeting April 28, 1987 Page 14 Council Member Strong stated that the Council should discuss at the retreat what the policy is going to be concerning non-profit organizations operating in City -owned buildings and where the line of responsibilities are. She stated she thought it was extremely important that the Council establish a policy that is standard for all buildings that the City owns and allows usage by non-profit organizations. She stated that since the Council has not been able to reach any kind of agreement, they need some sort of documentation as to whether the building is worth renovating or not and if the study is one of the stumbling blocks, maybe it should be done. Mayor Pro Tem Slavik stated she has always supported the Art Community Center and also agreed that at present they are in a poor location. She expressed her concern about the condition of the Annex and also about spending the $17,000 for the study. She stated that the Council will be discussing this issue at their retreat in May. Council Member Moss stated that he is sympathetic with the Art Community Center and their location and that the City should work with them to find another site. Mrs. Kucera stated that the Art Community Center does not operate at a deficit and it depends on what month you look at the budget. She stated they had a structural engineer examine the Annex building and he saw no reason the life of the building could not be extended. She suggested that the study could be done for a lesser price and stated that the engineer also offered to perform an indepth study on an hourly basis not to exceed $5,000. Council Member Berlanga stated he admired Ms. Kucera for her stand on trying to obtain the use of the City Hall Annex and concurred with her opinions. He stated that the building can be properly utilized and should be preserved. Ms. Gloria Swatner, 210 Bayshore, stated she is a member of the Park & Recreation Board and the Bayfront Activities Committee. She stated that several years ago the City bought property that is currently called open spaces, and there are seven parks on Ocean Drive and on Shoreline which the City did not want any development on. She stated that the three buildings should be demolished and that the land be returned to open space. Mrs. Robert Clarke, 3902 Mueller Street, stated that in 1983 the public spoke out in opposition to building a new City Hall on Shoreline. She stated the public approved the bonds for the new City Hall to move the buildings off of the Bayfront. She stated she thought it should be open park land and that the buildings should be torn down. In answer to a question from Mayor Pro Tem Slavik, Mrs. Clarke responded that the public is against all buildings on the Shoreline median. Council Member Guerrero stated that the real issue is whether or not the Council wants buildings on the Bayfront. Minutes Regular Council Meeting April 28, 1987 Page 15 Mr. George Brown, 520 So. Chaparral, stated he served on CC90 Task Force I. He stated that many of the things they are proposing the Council will be seeing in the future. He stated that one of the reports given to the Council at the time CC90 made its report was the use of the Annex for the Arts Community Center. He recommended that the Council adopt their proposal to use the building. Council Member Mendez stated he is in favor of the Art Community Cemter using the Annex, and that it be tied it with a "people area." He stated that the Council will discuss plans for the Bayfront during their retreat. Mayor Turner stated that the real issue of what the Council needs to decide is whether or not they intend to perpetuate buildings in the median. She stated that before $17,000 is spent to determine whether the building is cost effective to restore, the Council has to decide whether or not they want to restore the building. Mr. Bennie Benavides stated that in 1981, there was a document which existed called the "Corpus Christi Project" which shows the buildings were destined to be torn down. Mrs. Geraldine Renfro, 3547 Floyd, stated she has considerable newspaper clippings referring to the day the Council voted to tear the buildings down in March of 1983 and would be happy to distribute them. Council Member Berlanga departed the Council Meeting at 5:00 p.m. City Secretary Chapa polled the Council for their votes on the following Ordinance: 14. AUTHORIZING THE EXECUTION OF A CONTRACT WITH SMITH & RUSSO, INC. FOR AN EVALUATION AND STRUCTURAL ANALYSIS OF THE CITY HALL ANNEX BUILDING; APPROPRIATING $17,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance failed to pass by the following vote: Pruet voting "Aye"; Turner, Slavik, Guerrero, Mendez, Moss, Rhodes, and Strong voting, "No"; Berlanga absent at the time the vote was taken. Mayor Turner called for consideration of Item No. 16b. 16b. RESOLUTION NO. 19727 APPOINTING RODOLFO TAMEZ PRESIDING JUDGE OF THE MUNICIPAL COURT IN CORPUS CHRISTI, TEXAS; APPOINTING MELENE DODSON AND BILL MONKRES MUNICIPAL COURT JUDGES; APPOINTING CHARLES A. VANAMAN MUNICIPAL JUDGE, DIVISION E, PART-TIME MAGISTRATE: DECLARING THAT ONE VACANCY EXISTS FROM THE EFFECTIVE DATE OF THIS RESOLUTION: PROVIDING FOR TERMS OF OFFICE: AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting April 28, 1987 Page 16 The Charter Rule was suspended and the foregoing Resolution passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes, and Strong voting, "Aye"; Berlanga absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner opened the first public hearing. Assistant City Secretary Lontos stated this hearing is in reference to a proposed amendment to the Corpus Christi Urban Transportation Plan to remove the extension of Mustang Trail from South Staples Street to South Padre Island Drive. He stated that a plan to extend Mustang Trail was proposed in 1980 and was approved by the Planning Commission and City Council in 1982. He stated that the 1982 Bond Program allocated $350,000 to construct the first stage of this project. He explained that on February 25, 1986 a public hearing was held to determine and fix a route for the opening of Mustang Trail; the City Council passed a motion cancelling the reconsideration of the Mustang Trail extension; on March 4, 1987, a Staff recommendation was submitted to the Planning Commission to remove Mustang Trail from the Urban Transportation Plan and that the motion failed by a 4 to 2 vote. He stated that in order for this particular project to be deleted from the Master Transportation Plan, it must be by official action of the Council after a public hearing. There were no comments from the audience. A motion was made by Council Member Mendez to close the public hearing; seconded by Council Member Guerrero; and passed unanimously; Berlanga absent. A motion was made by Council Member Mendez to amend the Corpus Christi Urban Transportation Plan to remove the extension of Mustang Trail from South Staples Street to South Padre Island Drive; seconded by Council Member Rhodes; and passed unanimously; Berlanga absent. (487-0167) * * * * * * * * * * * * * Mayor Turner opened the second public hearing. Assistant City Manager Lontos stated this hearing is in reference to the Master Drainage Plan Amendment for portions of the Flour Bluff area. Mr. Lontos showed slides of the area and stated that the first area involves an approximate 200 acre tract at the intersection of Flour Bluff Drive and Graham Road. He explained that the current Master Plan shows 74 acres of this tract are to drain to the east towards the Laguna Madre with the remaining 26 acres draining to the west of the Cayo Del Oso. He stated that the second area is located near the intersection of Flour Bluff Drive and Purdue Road and the third area is the Castle Park Subdivision located near Purdue Road and Waldron Road. In answer to questions from the Mayor and Council Member Moss, Mr. Lontos responded that there is no opposition to these amendments and it will be less expensive for the City. 4inutes Regular Council Meeting April 28, 1987 Page 17 There were no comments from the audience. A motion was made by Council Member Rhodes to close the public hearing; seconded by Council Member Mendez; and passed unanimously; Berlanga absent. A motion was made by Council Member Strong to amend the Master Drainage Plan for portions of the Flour Bluff Area; seconded by Mayor Pro Tem Slavik; and passed unanimously; Berlanga absent. (M87-0168) Council Member Pruet departed the Council Meeting. * * * * * * * * * * * * * Mayor Turner announced public hearings on two zoning applications. 19. Application No. 287-2, Mr. Roger Cory: For a change of zoning from "B-4" General Business District to "I-2" Light Industrial District on a tract of land being a portion of Lots 2 and 3, Block B, Stillwell Addition, located on the north side of Stillwell Lane, approximately 300 feet west of Tuloso Road. Mr. Larry Wenger, Director of Planning, distributed land use maps to the Council Members, and described the land use in the surrounding area. He stated that the applicant is requesting a zoning change from "B-4" General Business District to "I-2" Light Industrial District in order to manufacture trailers on the subject property. He stated that the property is located on the north side of Stillwell Lane, approximately 300 feet west of Tuloso Road. He stated that there were four notices mailed to property owners within a 200 foot radius of the subject property; one was returned in favor and one was returned in opposition. Mr. Wenger stated that adjacent zoning to the north, east, west is "B-4" General Business District and to the the South is "I-2" Light Industrial District. He stated that the Planning Commission's recommendation is denial, and in lieu thereof, that a special permit be issued for "I-2" uses, with a standard screening fence between the proposed use and residential use. He stated that the Planning Staff recommends approval and that their analysis indicates that the subject property is located within a "petroleum hazard area" within which residential usage is not recommended. Mr. Wenger stated that the 20 percent rule is in effect and it would take seven affirmative votes to approve the ordinance. Mayor Turner expressed concern over "I-2" zoning in a people active area. The applicant, Mr. Roger Cory, 8225 Leopard, stated he applied for "I-2" zoning because he desires to manufacture trailers on the subject property. He stated he has put up a fence around the property because it was requested. Mr. Bob Gulley, 1025 Leopard, stated he owns the property to the south and to the east of the subject property. He stated to the south is a Mobile Home Park and to the east is an RV Park and there are about 400 people living in the area. He stated if this property is zoned I-2, the only access to the property Minutes Regular Council Meeting April 28, 1987 Page 18 would be from Stillwell Lane. He expressed his concern because it is a residential area and and requested the Council not to change the zoning. He stated that "I-2" zoning should not be in the middle of "B-4" and stated he is against the Planning Commission's recommendation. In answer to a question from Council Member Mendez about a mobile home in "B-4" zoning, Mr. Wenger stated that the reason these two areas are not zoned is because they were there prior to the creation of those particular districts. Council Member Strong expressed her concern about the mobile home which was moved on the property and inquired about the sanitary sewer facilities. Mr. Wenger replied it would be a septic tank use. Mr. Gulley stated that the platting requirements did not require sewers. In answer to a question from Mayor Pro Tem Slavik about why sewers weren't required, Mr. Wenger stated that at the time the platting took place, it was determined that the sewer line was not readily accessible and at a later date the line would be built. Council Member Mendez expressed his concern regarding the gas and the junk vehicles in the area and stated that there is a school in the area. Mr. Gulley stated that he has been there for twenty-five years and there has never been any loose gas there or near the property. A motion was made by Council Member Guerrero to close the public hearing; seconded by Mayor Pro Tem Slavik; and passed unanimously; Berlanga and Pruet absent. City Secretary polled the Council for their votes on the following Ordinance: 19. AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ROGER CORY BY GRANTING A SPECIAL COUNCIL PERMIT FOR "I-2" LIGHT INDUSTRIAL USES WITH A STANDARD SCREENING FENCE TO BE CONSTRUCTED AROUND THE PROPERTY ON A PORTION OF LOTS 2 AND 3, BLOCK B, STILLWELL ADDITION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance failed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Rhodes and Strong voting, "No"; Berlanga and Pruet absent. Council Member Rhodes departed the meeting at 5:55 p.m. Mr. Wenger presented the next zoning application. 20. Application No. 287-6, Mr. Frank Castaneda, et ux: For a change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lot 17-A, Block 34, Windsor Park Unit 4, located on the northeast corner of Everhart and McArdle Roads. Minutes Regular Council Meeting April 28, 1987 Page 19 Mr. Wenger distributed land use maps to the Council and described the land use in the surrounding area. He stated that the applicant is requesting a zoning change from "AB" Professional Office District to "B-1" Neighborhood Business District in order to legalize an existing loan and pawn shop. He stated that the zoning change is requested as a result of the applicant being served a notice of zoning violation. He stated that the property is located on the northeast corner of Everhart and McArdle Roads. He stated that there were 23 notices mailed to property owners within a 200 foot radius of the subject lot and of the notices mailed, one was returned in favor and one in opposition. He stated that the Planning Commission recommends denial, and in lieu thereof, grant a special permit for a loan and pawn shop and that the Planning Staff recommends denial. The applicant, Mrs. Leticia Castaneda, 4906 Overbrook Circle, stated she and her husband are the owners of Minute Loan Service and have operated the business for six and one-half years. She stated that they were recently informed that they are in violation of "AB" zoning and applied for "B-1" zoning or a Special Permit to correct the violation. She stated that they provide a service to the neighborhood and are stimulating the local economy. She showed slides of businesses in close proximity to their property. A motion was made by Council Member Guerrero to close the hearing; seconded by Council Member Mendez; and passed unanimously; Berlanga, Pruet and Rhodes absent. City Secretary Chapa polled the Council for their vote and the following Ordinance was passed: 20. ORDINANCE N0. 19728 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF FRANK CASTANEDA BY GRANTING A SPECIAL COUNCIL PERMIT FOR A LOAN AND PAWN SHOP ON LOT 17-A, BLOCK 34, WINDSOR PARK UNIT 4; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss and Strong voting, "Aye"; Berlanga, Pruet and Rhodes absent. * * * * * * * * * * * * * City Manager McDowell distributed to the Council historical data from 1982 through 1986 of computer generated projections for 1987 and 1988 prepared by the Finance Department. He also passed out copies of legislative polices the Council has adopted as their basic framework. * * * * * * * * * * * * * Mayor Turner called for petitions or information from the audience on matters not scheduled on the agenda. Minutes Regular Council Meeting April 28, 1987 Page 20 Mr. Steve Morales, Acting Chairman of the Committee for Economic Development, requested the Council to call an election so that the City can withdraw from the Regional Transit Authority. He stated that Corpus Christi has an economic crisis and property valuations are down. He stated that in 1985 the City operated the local public transportation system for only $3.5 million and that the RTA is spending over $8 million. He requested that the Council consider his proposal and discuss it at their retreat and that he would like their answer as soon as possible. Council Member Moss stated that he was on the original planning committee for the transit authority and that if Corpus Christi withdraws, the whole system would collapse. He stated that the Council should consider this item at their retreat. Council Member Guerrero stated that the City ran the system for $3.5 million but it is not costing $8 million to run it now. He explained that is the result of the tax revenues. He stated that it was unfair to say that it costs $8 million when the City ran it for $3 million because that is not a correct statement. Mr. Tom Niskala, Regional Transit Authority General Manager, stated that it was misleading to compare the cost of the transit system now and its cost when it was run by the City. He stated that they are building a program and not looking for a short term plan. There being no further business to come before the Council, on motion by Council Member Guerrero, seconded by Council Member Strong and passed unanimously, the meeting was adjourned at 6:21 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 28, 1987, which were approved by the City Council on May 5, 1987. WITNESSETH WITNESSETH MY HAND AND SEAL, this the S6 day of \)`,,,,� I 94 7. Armando Chapa, City Secretary City of Corpus Christi, Texas