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HomeMy WebLinkAboutMinutes City Council - 11/24/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 24, 1982 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley * Dr. Charles W. Kennedy Cliff Zarsky City Manager Edward A. Martin Asst. City Attorney Bob Coffin City Secretary Bill G. Read ABSENT: Council Member Herbert Hawkins, Jr. Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Father Robert Freeman of St. Theresa's Catholic Church, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Betty Turner. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Mayor Pro Tem Turner that the Minutes of the Regular Council Meetings of November 10 and November 17, 1982 be approved as presented; seconded by Council Member Cliff Zarsky; and passed unanimously. Mayor Jones noted the issuance of the following proclamations: "FAMILY WEEK" - November 21 - 27, 1982; "CIVIL AIR PATROL WEEK" - December 1 - 7, 1982; and "CARROLL TIGER DAY" and "FLOUR BLUFF DAY" - November 19, 1982. Mayor Jones noted that the last two were issued because of the two schools' championship football teams. o*o*o*o*o*o*o*o*o*C.,*c*C*C*o*o*o*o*o*C*a*o*c Mayor Jones called for the bid opening moving the Galvan House from Waco Street to the Bayfront Science Park. MICROFILMED SEP 1.9 1984 Minutes Regular Council Meeting November 24, 1982 Page 2 •�I 4 City Secretary Read informed the Council that no bids on this project had been received in his office. Mr. Gerald Smith, P.E., City Engineer, explained to the Council that the engineering project was advertised in the Corpus Christi Caller -Times; they notified all house movers; but no bids were received. He informed the Council that the City could continue to advertise, but his Staff was notified that the house movers were of the opinion that the plans seemed to be too complicated. He stated that they could negotiate with a house moving company in view of the fact that the project had been properly advertised with no response. City Manager Edward Martin agreed that the bids should be readvertised with a simplification of the bidding procedures. Mr. Smith then suggested that bids be received on December 15, 1982. A motion was made by Mayor Pro Tem Turner to approve the date of December 15, 1982 to receive bids on moving the Galvan House from Waco Street to the Bayfront Science Park; seconded by Council Member Zarsky; and passed unanimously. o*o*o*a*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o Mayor Jones called for Board and Committee appointments and reviewed the appointees discussed during the morning Workshop Meeting. A motion was made by Mayor Pro Tem Turner that the following appointments be confirmed, seconded by Council Member Dumphy and passed unanimously: NUECES COUNTY COMMUNITY ACTION AGENCY: Ms. Sandra Gonzalez Mr. Bob Heil Ms. Helen Gurley Mr. Henry Flores Mr. Armando Chapa BUILDING CODE BOARD OF APPEALS: TERM: W. B. Truax LANDMARK COMMISSION: Robert Kipp (Reappointment) Mrs. Gladys Tilley (Reappointment) Ms. Margaret Ramage (Reappointment) Mr. Manley Spring Ms. Mary Garcia Mrs. Gracie Garcia Mr. Robert Stratmann Mr. John Wright 5-04-86 11-20-84 11-20-84 11-20-84 11-20-84 11-20-84 11-20-84 11-20-84 11-20-84 ites • •.,;gular Council Meeting November 24, 1982 Page 3 CITIZENS ADVISORY HEALTH & WELFARE BOARD: Mr. Leo Barrera (Reappointment) Mr. Peter Steiner (Reappointment) Dr. Archie L. Kennon (Reappointment) 11-11-85 11-11-85 11-11-85 o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o K. ACTION OF THE COUNCIL FROM THE WORKSHOP SESSION: 1. Change of time for the Regular Council Meeting of December 1, 1982 from 2:00 p.m. to 1:30 p.m. 2. Appointment of Assistant City Manager Tom Utter as official voting delegate at the National League of Cities Meeting in Los Angeles November 27 through December 1, 1982. 3. Approving an agreement with the Tuloso-Midway Independent School District wherein the District agrees to dedicate and construct one-half of a collector street along the west boundary line of a 63.94 acre tract of land at McKenzie Road and Haven Drive with the roadway to be dedicated and constructed prior to or concurrently with a future stadium including related concession/restroom facilities but excluding a track. In return, the City agrees to release for filing the plat of Lot 1, Block 1, Morgan School Tract. A motion was made by Council Member Dumphy that the foregoing actions be confirmed, seconded by Council Member Zarsky and passed unanimously. o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o Mayor Jones called for actions of the Council by motion on the following items: 1. Bids be received December 14, 1982 for one replacement three wheel motor vehicle to be used in Parking Control. This vehicle is included in the 1982-83 Budget and will replace a 1978 model with over 17,000 hours of use. 2. Bids be received December 14, 1982 for a spray paint booth for Traffic Engineering. This item is included in the 1982-83 Budget. The booth will allow all weather spray painting of traffic and street name signs since it removes harmful vapors. Currently, spraying must be done outside due to the vapors. 3. Bids be received December 14, 1982 for a replacement crosswalk striping machine for Traffic Engineering. The machine is included in the 1982-83 Budget and will replace a unit in need of frequent repai rs. * 4. This item was withdrawn from the Consent Agenda to be considered during the Regular Agenda. Minutes Regular Council Meeting November 24, 1982 Page 4 5. Plans and specifications be approved for the Commercial Ramp Expansion and Runway Safety Improvements at Corpus Christi International Airport, and bids be received December 22, 1982. This project provides for a 300 -foot westerly expansion of the Commercial Ramp and for the filling and grading of large ditches at the southeast end of Runway 13-31 in order to make the area safer. The project is partly funded by a grant through FAA. 6. 7. An agreement with Robert W. Wallace, Jr., owner of Block 9, Water Beach Addition be approved. The agreement provides for the owner relocating 4 -inch gas line, 8 -inch sanitary sewer line and a Central Power & Light Company conduit from the alley, at his own expense, within one year from the date of the agreement. This will allow the alley within the block to be closed, thus, processing the replatting of the property as one lot. The relocation of the utilities will be done as part of the development of the block. The developer has requested this action to expedite the plat and coordinate the relocation of utilities with future construction. 8. The following actions be taken relative to the request of Matador Pipelines, Inc.: a) A revocable easement be granted to this firm for the purpose of placing a 4}" diameter pipeline across Alpine Street, Sed wick Road and Leopard Street to convey petroleum products and providing for a fee of $460.00 b) A 10 foot wide pipeline easement be granted to this firm for the placement of the 4}" diameter pipeline across City property parallel to Bockholt Road west of the Airport and providing for a cost of $7,400.00 * 9. * 10. A motion was made by Mayor Pro Tem Turner that items 1 through 8, with the exception of items 4 and 6, be approved; seconded by Council Member Zarsky; and passed unanimously. At this point, Mayor Jones called for consideration of the items that had been withdrawn. 4. Plans and specifications for the construction of an aerated lagoon at the Allison Wastewater Treatment Plant be approved and bids be received on December 22, 1982. The project provides for an interim treatment of wastewater by an aerated lagoon process until such time as the permanent improvements which are scheduled to start the Summer of 1983 are completed. Mayor Jones inquired if the City is operating any aerated lagoons at this time. * These items were withdrawn for later consideration. ites gular Council Meeting November 24, 1982 Page 5 Mr. Douglas Matthews, Director of Public Utilities, explained that the City did not have any at this time even though they had been operated at one time. He assured the Council that his engineers have stated that this lagoon will not create an odor problem. He explained the method of the operation and assured the Council that if there is an odor, the aerated lagoon will be used only for sludge. * 6. The International Airport Landscaping - 1982 Project be accepted and total payment of $23,232.50 be made to Bay, Inc. The project provided for landscape improvements consisting of palm trees and oleanders at the Airport entrance road and the planting of wax leaf ligustrums in the area between the rental car lot and the loop road. A five-day time extension is recommended due to late delivery of palm trees. Mayor Pro Tem Turner urged that the landscaping at the airport be corrected before this is approved, noting that the palm trees are still down. Mr. Smith suggested that this item be withdrawn from the agenda until this has been resolved. 9. Approving a rental increase by the lessor, Mr. William J. Kabboord, from $750 to $995 per month beginning October 1, 1982, for the 7.245 acre tract located at the 5500 block of Ayers Street and Gibbs Street rented by the City on a month-to-month basis and used for the abandoned car pound. Mayor Jones inquired if the fees collected paid the total cost of this. City Manager Martin stated he will have this checked because the fees should pay for it. 10. Accepting a D.W.I. Selective Traffic Enforcement Program Grant from December 1, 1982 to September 30, 1983, with the goal of reducing D.W.I. related accidents by 10% during the grant period. The grant provides for overtime for police officers and vehicle mileage to direct enforcement effort at D.W.I. offenses and totals $88,218.22. Mayor Jones inquired if all of these officers will be enforcing D.W.I. offenses. City Manager Martin replied in the affirmative and noted that this is a similar program to the STEP program but it is directed towards D.W.I. related in accidents only. * Item 6 was withdrawn - See page 6 Minutes Regular Council Meeting November 24, 1982 Page 6 Commander Sullivan of the Police Department explained further that the grant is designed to cover census tracts with the highest arrest location for D.W.I. over the previous years and the police officers working under this grant will be paid overtime. A motion was made by Mayor Pro Tem Turner that items 4, 9 and 10, item 6 having been withdraw , be approved; seconded by Council Member Zarsky; and passed unanimously. o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o Mayor Jones called attention to the ordinances listed on the Consent Agenda. The Council indicated that they had questions on ordinances 11 and 12. 11. Authorizing the City Manager or his designee to execute a two-year lease agreement with the Seaman's Center for a portion of the Park and Recreation Building. Mayor Jones inquired if there is a fee involved in the lease agreement with the Seaman's Center to be located in the Park and Recreation Building, and Assistant City Manager Tom Utter stated that the did not know. City Manager Martin stated that he felt that the Seaman's Center probably paid for maintenance and utilities for their portion of the building. * 12. Authorizing the execution of an agreement between the Airport and Van Dusen Airport Services, Inc. for the delivery of misplaced luggage for a period of three years from date of execution at a fee of $50 or 2% gross revenues per month. Council Member Gulley commented that delivery of lost luggage is evidently not in the limousine service franchise. He inquired if this was just an agreement by which one or two people will be performing this task. City Manager Martin stated that he did not know, and Council Member Gulley suggested that this item be withdrawn until it could be ascertained if this would interfere with the limousine franchise. 17. Authorizing the City Manager to execute a contract with the Women's Shelter of the Corpus Christi Area, Inc. for $60,000 for the renovation of a house and conversion of a garage to serve as a second shelter facility and appropriating this amount from 7th Year Local Option and Contingencies, Community Development Block Grant. *Ord. 12 was withdrawn - See page 7 ,tes • ncgular Council Meeting November 24, 1982 Page 9 Council Member Zarsky inquired if a charge for closing streets temporarily had been made in the past. Mr. Smith explained that he did not because this type of closings were previously handled by the Traffic and Transit Department. Council Member Gulley expressed the opinion that there should be a charge for this because closing the streets deprives the public of the use. Mr. Gulley also questioned whether the street should even be closed completely for any reason. A motion was made by Council Member Gulley that this item be tabled until a full Council is present and additional information has been obtained; seconded by Mayor Pro Tem Turner. Mayor Jones called for comments from the audience on this item. Dr. Lorena Tinker, 1015 No. Chaparral, stated that she lives on this street in the Old McGregor Studios. She stated that she was not notified that this item was going to be on the agenda even though she is a property owner on the street and expressed opposition to this temporary closing. Mr. Smith explained that notices for temporary closings are not usually sent. ,He stated that his Staff has discussed this with the Traffic Department, Fire Department and Police Department and since the traffic count on the street is so low and there is very little traffic on the street, they did not anticipate any problems. Council Member Gulley reiterated that he is opposed to this temporary closing for an entire year. City Manager Martin explained that the area closed will not only be used for parking for employees but also for parking construction vehicles that will be used during construction of their parking lot. Mayor Jones inquired if this situation is different from other requests associated with construction, and Mr. Smith replied that it is different in that the entire street will be closed during construction whereas before just a portion of a street is closed. Council Member Gulley again urged that the item be tabled until a full Council is present because he felt that it was unfair. The motion passed by those present and voting. Minutes Regular Council Meeting November 24, 1982 Page 10 * 22. Selecting the proposal of John C. Green for lease of the Intracoastal Cafe tract on the Kennedy Causeway, and authorizing the staff to negotiate a lease agreement with Mr. Green. This item was tabled for two weeks at the November 10, 1982, Council meeting. City Manager Martin informed the Council that the Staff had no further information than they did before but they still recommend selecting the proposal of John C. Green for the lease of the Intracoastal Cafe. 23. Rancho Alegre, Block 1, Lots 3A, 3B, 4A and 4B - O.C.L. (Final replat - 11.144 acres) Located north of Wooldridge Road and west of Rodd Field Road. (SH 357) Consideration of the Planning Commission's recommendation on a variance to the Platting Ordinance for compliance with paving FM 666 and Alegre Street in accordance with Ordinance 17249 and for a water acreage fee in accordance with Ordinance No. 16393. 23a. An agreement be approved with Christmas Shopper's Special transportation from designated December 4, 11, 18, 20, 21, 22 with both malls contributing a costs of operation. Padre Staples and Sunrise Malls for a transit service to provide free area of the City to the Malls on and 23 from 11:00 A.M. to 9:00 P.M., total amount of $8,000 to defray the City Manager Martin explained to the Council that normally this would just be a management decision, but the Staff hoped that placing it on the agenda for Council action would generate an interest in the service. He pointed out that this service would help the entire transportation system and help the shoppers reach the two malls prior to Christmas. Mr. Ralph Coglianese, Senior Planner, informed the Council that the Staff is still negotiating with the owners of the Malls and they have not completely determined all of the locations for parking. Mayor Pro Tem Turner suggested that this service be extended to the west side and the Senior Citizens' Centers. Mr. Coglianese explained that this is not a transportation service with stops made at every corner but will simply transport shoppers from a parking lot to the shopping malls. Mayor Jones called for comments from the audience on these items. The following speakers addressed the Council in regard to item 22. Mr. Charles Rawalt, 313 Oakridge, stated that he felt his proposal was the best for the City and that it should be reanalyzed. He expressed the opinion that this matter was not properly handled by the City Staff. He presented information to the Council and stated that he was of the opinion that his proposal was better than the one recommended for award because he planned to utes • ,..gular Council Meeting November 211, 1982 Page 11 provide a new restaurant at this location. He suggested that this be tabled until he has had an opportunity to present his proposal to the Council. Mrs. Jean Longville stated that she had been informed by Mr. Green, who has been operating the restaurant for the last five years, that he did not have the interest or the money to make improvements to the property. She suggested that someone else be awarded the lease. * Council Member Charles Kennedy arrived at the meeting at 3:00 p.m. Mr. Green addressed the Council and pointed out that he had put in a lot of money to improve the area even though he did not have a lease. He stated that he had agreed to clean up the area completely by March 1, 1983. Mr. Bill Hennings, Assistant City Manager, informed the Council that that is a condition of the lease and if Mr. Green does not comply with that lease, it will be terminated. Mr. Bob Bonner stated that he has had an adjacent lease for about five years; he was of the opinion that consideration of awarding the lease should be between the three local people who have submitted proposals; stated that Mr. Green has been operating the business successfully for five years; and there has never been a health problem there. He urged that the lease be awarded to Mr. Green who plans to make improvements if a long lease is awarded. Mr. Rawalt addressed the Council again and pointed out that he has been operating a business for about twenty years; therefore, he has a lot of experience in this type of business. Council Member Gulley suggested that the applicants be allowed to outline their plans to the Council. Mr. Hennings informed the Council that the bids were submitted in accordance with very general provisions and suggested that the specifications be revised so that they will be more exact as to the plans. A motion was made by Council Member Dumphy to reject all proposals and accept other proposals on more specific items in order to assure the City of a good building with proper maintenance. The motion was seconded by Council Member Gulley. Council Member Zarsky stated that he will vote in favor of this motion because there is a need to be sure that this facility is a good one. Minutes Regular Council Meeting November 24, 1982 Page 12 Mayor Pro Tem Turner suggested that a definite time frame be included in the lease, and Mr. Hennings explained that the City can tie the term to the amount of investment. The motion to reject the proposals and accept more specific proposals passed unanimously. In a discussion of item 23, Mr. Gerald Smith explained that the subdivision is located in extraterritorial jurisdiction because it is in that area as a result of the annexation of the river. He informed the Council also that the plat has been appealed to the Planning Commission as a variance and the Planning Commission granted the variance. He stated, however, that the Staff is of the opinion that this plat falls under the jurisdiction of the ordinance and the fee should be levied as far as the street paving requirement and payment into the water trust fund are concerned. Council Member Gulley agreed that the City has the right to police this vicinity but if the river were not located there, there would be no reason for this. He noted that the Staff recommends approval of the variance on the paving but denial on the portion pertaining to the water. A motion was made by Council Member Kennedy that the Council concur with the Staff recommendation. Mr. Doug Walthall of Maverick Engineering representing a client on this request, stated that he felt that there is a question as to who will supply water in the future to serve this subdivision. He objected to the fact that the developer is going to be required to place funds in the reserve for construction of a water line in the future because it is almost a certainty that the City of Corpus Christi will not provide them with water. Mr. Wayne Johnson stated that he owns 200 acres to the north of this tract and questioned what effect this would have on him. A motion was made by Council Member Kennedy that the Council concur with the recommendation of the Planning Commission and grant the variances as they recommended; seconded by Mayor Pro Tem Turner; and passed by the following vote: Turner, Dumphy, Gulley, and Kennedy voting, "Aye"; Jones and Zarsky voting, "No"; Hawkins, absent. A motion was made by Mayor Pro Tem Turner that items 20 and 23a be approved, seconded by Council Member Gulley and passed unanimously. utes .egular Council Meeting November 24, 1982 Page 13 There were no comments on the ordinances included on the Regular Agenda. City Secretary Read polled the Council for their votes and the following ordinances were passed: 24. FIRST READING: AMENDING THE PLATTING ORDINANCE NO. 4168, AS AMENDED, SECTION V -B(6) TO ESTABLISH A SANITARY SEWER EXTENSION POLICY, INCLUDING ESTABLISHING $150.00 PER LOT OR $600.00 PER ACRE FEES, $100.00 PER LOT SURCHARGES, PRO RATA FRONT FOOT CHARGES OF $5.00 PER FOOT; ESTABLISHING A SANITARY SEWER TRUNK LINE TRUST FUND FOR USE IN CONSTRUCTING TRUNK LINES AND REIMBURSING DEVELOPERS FOR CONSTRUCTING TRUNK LINES: ESTABLISHING A COLLECTION LINE TRUST FUND FOR USE IN OVERSIZING AND CONSTRUCTING COLLECTION LINES OFFSITE; PROVIDING FOR DEVELOPER CREDITS FOR ACTUAL INSTALLATION COSTS UP TO THE AMOUNT OF THE LOT/ACREAGE FEE; PROVIDING FOR REIMBURSEMENT OF DEVELOPERS FROM FUNDS AVAILABLE IN THE RESPECTIVE TRUST FUNDS FOR THAT PORTION OF THE LIENS INSTALLED BY DEVELOPERS UP TO THE MAXIMUM REIMBURSEMENT CRITERIA; SETTING FORTH FEE EXEMPTION CRITERIA; AND PROVIDING FOR BI -ANNUAL REVIEW OF FEES AND SUFFICIENCY OF TRUST FUNDS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent. 25. FIRST READING: AMENDING CHAPTER 36, ARTICLE III OF THE CODE OF ORDINANCES TO PROVIDE THAT ONLY CONVENTIONS MAY BE SCHEDULED FURTHER THAN 18 MONTHS IN ADVANCE; TO SIMPLIFY AND TO BRING ABOUT CONSISTENCY IN RENTAL RATES AND REGULATIONS; TO PROVIDE FOR THE CHARGING OF A 10 PERCENT FEE TO ALL CATERERS DOING BUSINESS IN ANY AND ALL AREAS OF THE CONVENTION CENTER AND AUDITORIUM; AND TO PROVIDE A 15 PERCENT DISCOUNT TO LESSEES WHO CONTRACT FOR A SERIES OF DATES IN A CALENDAR YEAR IN THE THEATRE AND/OR THE MEETING ROOMS OF THE CONVENTION CENTER; PROVIDING FOR SEVERANCE AND FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent. 26. FIRST READING: AMENDING THE CODE OF ORDINANCES, CHAPTER 35, OIL AND GAS WELLS, TO LIMIT THE AUTHORITY OF THE BAY DRILLING COMMITTEE TO AN ADVISORY CAPACITY; AND PROVIDING FOR SEVERANCE AND PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent. 27. FIRST READING: AMENDING ORDINANCE NO. 17112 APPROVED JULY 7, 1982, BY DELETING THE BAY DRILLING COMMITTEE FROM THE LIST OF BOARDS AND COMMITTEES. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent. Minutes Regular Council Meeting November 24, 1982 Page 14 28. FIRST READING: AMENDING THE RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD ADOPTED BY ORDINANCE NO. 17258 ON SEPTEMBER 15, 1982, PROVIDING FOR AN EXTENSION OF THE PROBATIONARY PERIOD AND FOR THE CITY MANAGER'S DESIGNEE TO APPROVE OR REJECT THE CITY'S PHYSICIAN"S FINDING ON DISABILITY TERMINATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Kennedy and Zarsky voting, "Aye"; Hawkins, absent. o*o*o*o*o*o*o,toxo*o*o*o*o*o*o*o*opo*o*o*o*o*o Mayor Jones announced the public hearing on the Bayfront Development Plan. City Manager Martin reviewed the subject and explained that about two months ago, the Staff presented a draft of the Bayfront Plan and this plan had taken in consideration all of the plans that had been prepared previously as far back as 1953. He stated that the subject has been under discussion for some time and the Chamber of Commerce had provided input into the development plan. He stated that since September 22, 1982, the plan has been presented to various boards and committees such as the Park Board, Municipal Arts Commission, Landmark Commission and the Planning Commission, all of whom have recommended approval of the plan with some suggested modifications. He expressed the opinion that the minutes of those meetings and their recommendations should be included as statements from those boards. He informed the Council that a decision today would not be necessary but the matter will be discussed on December 8 and December 15. He emphasized the fact that this plan is intended to be a comprehensive master plan and is not intended as a specific plan. In other words, it would just make policy, not specific designs. He explained the procedure to be followed in that if this conceptual plan is adopted, the Staff would move forward with designs for the project for which funds are available. Mr. Martin continued by noting that there has been a great deal of discussion about the Corpus Christi Beach parking plan. He suggested that the policy statements be considered and the word "five" parking lots could be changed to a larger number, but this is not the time to design the parking lots and their exact location because there are a number of possible plans for parking on Corpus Christi Beach. He suggested that the testimony obtained today during the hearing and the reports of the board and committee be studied before the conceptual plan is finally adopted. Mr. Martin stated that he had Mutes Regular Council Meeting November 24, 1982 Page 15 heard rumors that there has been a desire on the part of the Staff to rush this through, but Mr. Martin contended that there has been a great deal of work on the plan and the Staff is not even requesting any action for three weeks after the hearing. Mayor Jones suggested to the audience that the Staff and the Council would like to have any plans that they wanted to present in written form. The first speaker was Mrs. Frances Cummings, 1600 Buccaneer Drive, representing the League of Women Voters. Mrs. Cummings spoke as a representative of that organization and referred to the plan for Corpus Christi Beach adopted in 1966. She stated that the Bayfront Development Plan did not contain any provisions for use of the beach by the public and it was generally felt that the public was being encouraged to use the area of the beach at the extreme north end. Mrs. Cummings then read the position statement of the League of Women Voters stating that they specifically support the following: (1) formulating an overhaul master development plan for the entire beach peninsula; (2) strict adherence with no variances to all City Building Codes; (3) restrictions on the height and residential density of buildings on the beach peninsula; and (4) providing public transportation to assure full access to the area. To provide public access to the restored beach, the League will continue to support: (1) provisions of the Corpus Christi Beach Master Plan of May 11, 1966 which designates at least six access roads leading to Targe parking areas adjacent to the west side of the sandy beach; (2) providing a buffer zone between the beach and private property to emphasize public ownership of the restored beach; and (3) keeping open all existing public streets leading to the Corpus Christi Bay waterfront. For recreational development the League supports: (1) a detailed development plan for the beach public land, parks and the sandy beach; (2) prohibiting the sale, lease or exchange of beach public park lands to individuals or developers; (3) banning glass bottles and containers in the beach and in the parks; (4) construction of restrooms, showers and recreational facilities to be located conveniently near all parks of the sandy beach as well as in the beach park and construction of a fishing pier at the north end of the beach; and (5) placing a high priority on the development of the beach public areas, particularly beach access areas and public parks. Minutes Regular Council Meeting November 24, 1982 Page 16 Mrs. Mercedes Eugenio, 6008 Ocean Drive, expressed concern about automobile and people use along Ocean Drive which are in conflict. She urged that the Council direct the Staff to provide alternate solutions to devise a plan to decrease the conflict between pedestrian and automobile traffic on Ocean Drive. Mr. Leslie Mabry, 311 So. Shoreline, spoke in support of the Master Plan and mentioned the traffic. He displayed photographs of Shoreline and provided history of the early development. He pointed out that several interstate highways empty out onto Shoreline Boulevard, which has created additional pressures on Shoreline and Ocean Drive. He expressed the opinion that this was not the original intent of use for Shoreline. He expressed the opinion that access to the water is going to be very difficult unless a leisurely pace on Shoreline Drive is established. He summarized by urging that the Council implement the rerouting of traffic on the highway/expressway linkup and to provide a control access into the Shoreline Area at a leisurely pace so that the automobile and pedestrians will be protected. Mr. Mabry expressed the opinion that the highway traffic should be taken away from Shoreline Drive. Mr. Johnny Cotten expressed approval of the plan and urged that it be adopted as a conceptual plan. He agreed that our waterfront should be people oriented but urged that money not be spent on things that would have to be removed in the future. Mr. George Clower, 304 So. Morningside, also commended the Staff on their efforts and the presentation made to so many groups; expressed concern that we should protect the assets that we have when the Master Plan is adopted. Mr. Wayne Johnson, 3815 No. Shoreline, presented photographs showing some houses on that street. He stated that he was speaking for himself and on behalf of Mrs. Doris Anderson and Mr. and Mrs. May. He stated that his house has just been completely renovated and he is not opposed to any public use of Corpus Christi Beach. He stated that he is not a condominium owner/developer nor does he have any interest in condominiums. He expressed the opinion that the best way to preserve the bayfront is not to cover it with asphalt. He stated that although he is not opposed to an open beach, he is not in favor of numerous parking lots in his neighborhood. He urged that further ites .gular Council Meeting November 24, 1982 Page 17 study be made. Mr. David Salinas, 6706 Wood Iron, stated that they agree with the League of Women Voters and OPUS that there should be public access to the beach. He questioned the easements granted to some developers that prohibit parking. He stated that he represents LULAC and they felt that some consideration should be given to the streets that deadend at the beach which would provide accessibility from the south end of the beach to the north end. He suggested that small parking lots should be constructed at the end of the existing streets to provide inexpensive parking all along the beach to be developed as funds are available. He expressed the opinion that this would meet the needs of the people today and in the future. Council Member Gulley expressed the opinion that he thought it was strange that everyone has the idea that parking will not be provided on Corpus Christi Beach. He assured the people that there is a parking lot plan for each end of the beach and there should be one large lot in the middle. He expressed the opinion that parking at the end of several streets would also be advisable. He informed Mr. Salinas that the LULAC Plan is one of the best plans that the Council has heard and assured the audience that the Council had no intention of turning the beach over to private developers. Council Member Zarsky referred to Mr. Salinas' idea and inquired if he had pictured the cul-de-sacs for parking and if they should be at the end of the street or extend across the beach. Mr. Salinas replied that their idea was to have small parking areas right on the beach but not necessarily all the way to the water. Mr. Sam Allen, 509 Lawrence, President of the Central Business District Association, stated that his organization unanimously voted to endorse the draft Bayfront Plan as presented. Mr. Philip Rosenstein, 949 Bobalo, presented photographs of the Corpus Christi Beach area and stated that he was in favor of public parking lots for Corpus Christi Beach. He referred to the photographs that he had presented and called the Council's attention to the "no trespassing" signs up and down the beach. Mr. Rosenstein expressed the opinion that most of the Corpus Christi Beach area is being preserved for motels and condominiums. He also called the Council's attention to one of the photographs that shows a fenced -in area on the beach. He urged that Corpus Christi Beach be developed for the Minutes Regular Council Meeting November 24, 1982 Page 18 public with parking lots to provide access all along the beach. Mrs. Pat Eisenhauer, President of the Chamber of Commerce, stated that their Board of Directors had determined that two priorities for the City were to do something to unite all of the citizens of the City and to move forward with restoring the bayfront. She expressed the opinion that the conceptual plan includes most of the priority items that they had established and that they are unanimously in favor of the Bayfront Development Plan. Mrs. Betty Harris, 5127 Jean Street, representing OPUS, expressed concern about the Marina development. In particular, she mentioned (1) the floating restaurant on Peoples Street; (2) the floating restaurant on the L -Head; (3) the Marina Office with a restaurant and bar that is privately operated; (4) the Aquarium; and (5) development on the land mass with buildings up to 40 -feet high. She stated that OPUS proposes that a scale model be constructed of the existing and planned development for the Marina and for the proposed land mass because they are concerned that too much development is planned for that area. Mr. Royce Tate, 215 Oleander, expressed the opinion that the Bayfront Plan as it pertains to Corpus Christi Beach is very bad. He stated that he is a condominium owner but he is in favor also of access to the beach, parking on the beach and development on the beach. He pointed out that the beach is basically undeveloped at this time and the City has an excellent opportunity for good planning. He also stated that the rights of private homeowners should also be considered. He expressed the opinion that access and parking could be provided and development encouraged as well with good planning. Also speaking on behalf of OPUS was Mr. Galen Westwick, who urged that the plan be in compliance with the 1966 Corpus Christi Beach Plan which was approved by the Corps of Engineers. He pointed out that the beach was developed by the Corps of Engineers with the understanding that the parking lots would be constructed as included in this plan. Mr. Westwick also referred to the fact that construction easements were obtained when the restoration was in progress. He questioned the validity of the agreements granting the easements since they were granted with the condition that no parking would be established on those easements. Mr. Jack Gordy, 5802 Everhart, expressed the opinion that 99% of the e approve 'of the Bayfront Plan but they do not like the parking plan for utes • .gular Council Meeting November 24, 1982 Page 19 Corpus Christi Beach which would make it inconvenient for visitors to the beach. He also objected to the fact that the owners of several condominiums were granted exemption from having parking places in front of their condominiums at the time they dedicated easements. Mrs. Olga Gonzales, 1809 Yale Street, representing the Board of Directors of the Nueces County Community Action Agency, read a resolution passed by that organization which urged that Corpus Christi Beach remain open and that it have parking spaces that provide access to the beach. She pointed out that a number of people in Corpus Christi are of the opinion that the beaches in front of the condominiums are actually private property and the only way to disspell this opinion is to have access to the beach. Mr. Edward Christian, representing Lowell & Eleanor Lindennon who own the Sea Shell Hotel, commended the public interest groups for their concern and their input. He stated that his clients have no intention of claiming that the beach in front of their hotel is private property. He informed the Council that the motel he referred to was constructed under the concept of the 1966 plan for the beach. Mr. Christian suggested that parking lots be located at the north and south ends of the beach, one in the center and that the LULAC plan for small parking areas at the end of the existing streets be constructed. Dr. Lorena Tinker, 1015 No. Chaparral, expressed concern that Corpus Christi Beach should be protected for use by the public. She also expressed the opinion that Ocean Drive should be preserved for sightseers and indicated that she was of the opinion that access to Corpus Christi Beach should be assured all citizens. Dr. Tinker also urged that tall buildings not be authorized. Mr. Bill Dominy, 4242 Gulf Breeze, stated that he agreed with the LULAC plan for the small parking areas at the ends of the streets. He expressed concern about the possibility that the Bayfront Plan indicated that Corpus Christi Beach is scheduled to be for the condominium owners. He stated that he is a homeowner and he would be very concerned if a large parking lot were constructed just outside his home; therefore, he preferred small parking lots at the end of the streets. Mr. Roe Chandler, 4242 Gulf Breeze, pointed out that if the 1966 Plan is adopted for beach parking, it would eliminate about ten acres of the beach. Dr. Hans Suter, 1002 Chamberlain, representing OPUS, expressed concern Minutes Regular Council Meeting November 24, 1982 Page 20 about the North Beach area which is different from all beaches in the area since it is a man-made beach. He expressed the opinion that the beach should be public and readily accessible to all citizens and the key to this plan is public access. Mr. John Wright, representing the West Side Business Association, stated that they support the concept of the Comprehensive Plan but stated that they would like to have the Council consider the Agnes/Laredo Street as a major entrance to the City. Mr. Mike Speed, 726 Brock, representing Speed Properties, stated that he and his partner own six acres of land on Corpus Christi Beach. He referred to several parking plans that have been considered in the past, including the 1966 plan for North Beach, the Texas AEM Report, and the Corps of Engineers' Plan, which all stress the need for public beach to serve Corpus Christi citizens. He expressed the opinion that this beach should be an integral part of the tourist business and expressed the opinion that there is a need for walkways, bikeways, etc. to make it a good beach. He recalled that the plans always contemplated a large park at the north end but the plans also contemplated that the park would attract tourists; therefore, that end should be completely developed. He stated that he is also basically in support of the LULAC plan for small parking lots. He suggested that the plan be referred back to the Planning Department and Planning Commission for study of the LULAC plan. Mrs. Pat Suter, 1002 Chamberlain, stated that she was speaking for herself and several other conservation societies. She stated that they endorse the plan of the League of Women Voters and LULAC, as well as the plan endorsed by the Corp of Engineers at the time the beach restoration was in progress. Mr. Tom Hunt, Sr. referred to the studies and plans made in 1966 and expressed the opinion that those plans should not be abandoned. He reminded the Council that $6 million was spent by the federal government to restore the beach; the condominiums would not have been constructed if the beach was not there; the taxpayers paid for the restoration; and the restoration occurred primarily for public use within one hour's driving time of the main part of the City. He referred to documents signed by representatives of the condominiums cating easements which assured them that parking would be restricted on lutes ' ..egular Council Meeting November 24, 1982 Page 21 the beach in front of their property. He also referred to the fact that the staff had recommended that the vehicular traffic would be diverted to the north end of Corpus Christi Beach with the implication that ,the rest of the beach would be reserved for residents and property owners. He expressed the opinion that this was planned deception to keep the main portion of the beach for condominiums. He mentioned that signs were even placed along the beach to the effect that the public park at the north end of the beach was the public beach. He informed the Council that the Taxpayers Association has requested the Corps of Engineers to investigate the plan now being considered for Corpus Christi Beach. He stated that a representative of the Corps has indicated to them that they will not do anything until they see the plans for the parking lots, because they want to be sure that the beach is retained for public use. He expressed the opinion that the agreements signed by the City assuring condominium developers that parking will not be placed in front of their buildings should be investigated. City Manager Martin referred to the letter addressed to the Corps of Engineers in which the Taxpayers Association had stated that the staff's original Bayfront Plan did have parking lots at the north and south ends of Corpus Christi Beach only. He then asked Mr. Hunt for a copy of the original plan that he referred to in his letter, indicating that the plan had not been changed from the original form. Council Member Dumphy also took exception to that statement that the City made changes in the Bayfront Development Plan and asked Mr. Hunt to provide proof that a change had been made. Mr. Hunt stated that he was possibly mistaken in making that allegation. Mrs. Lorraine Jolliffe stated that she and her husband reside in a condominium on Corpus Christi Beach but that she was in favor of the LULAC Plan for small parking lots which would be more attractive than any other plan. She urged, however, that the parking lots or cul-de-sacs not extend too far onto the beach. Mr. Norman Tompson, 4242 Gulf Breeze, stated 'that he lives in a condominium on the beach and he complimented the City on the way it has moved in regard to the Master Plan. He expressed the opinion that the LULAC Plan was the most promising of any discussed today. Mrs. Helen Bernberg, 4000 Surfside, spoke as a condominium owner and Minutes Regular Council Meeting November 24, 1982 Page 22 stated that they do not think that they own the beach in front of the condominiums. She objected to allowing people to drive on the beach, however. Mr. Jim Jackson, 14000 Surfside, objected to the implication that the condominium owners feel that they own the beach. ' He noted that Las Brisas Condominiums were, constructed before the beach was restored and only two condominiums had been constructed since then. Mrs. Betty Brandesky, 14017 Cork Street, expressed concern about the planned water taxi service from Corpus Christi Beach to the downtown area, noting that it would be very dangerous. Mr. Dean Banks, 225 Waverly, expressed the opinion that it is very dangerous to make public policy that interferes with previous public policy. He referred to the fact that the beach master plan of 1966 was adopted before the beach restoration was performed by the Corps of Engineers. He expressed the opinion that it is still the core of this entire question. He stated that at the time the staff explained their plans to the Planning Commission, they stated that more parking spaces would be provided than were included in the 1966 plan. He stated that the Planning Commission endorsed the Bayfront Development Plan with the understanding that the parking lots would be similar to those included in the 1966 plan. Mr. Banks also expressed the opinion that the City would be subjected to lawsuits because of the agreements signed with private developers not to place construction on the beach in front of the condominiums. He presented to the City Secretary documents which provided evidence which were part of a subtle attempt to discourage use of the Corpus Christi Beach, except at the north end. He expressed the opinion that the documents were signed and people were urged to go to the north end of the beach in order to allow private developers to use a great deal of the beach for condominium development. He also informed the Council that the former City Manager stated during a workshop meeting that efforts would be made to divert traffic towards the north end of the beach. Mr. Robert Kipp expressed appreciation for the Bayfront Development Plan. He encouraged the Council to accept the Landmark Commission's' recommendation to show the site of the restored homes on the Bayfront Plan. He explained that the Landmark Commission also urged improved landscaping and access to be included in the plans. He then presented a document for the il's investigation which recommended limited use of Shoreline and Ocean •utes ular Council Meeting November 24, 1982 Page 23 Drive as <r major thoroughfare. Mr. BHI Ault stated that he was a long-time resident of Corpus Christi and was very concerned about the City's bayfront. He pointed out that no one speaking today has suggested eliminating this plan. He expressed the opinion that safety from hurricanes should be a major concern in the development plan. He reminded the Council that if the beach is utilized, the breakwater should be enlarged because when a ship conies in and creates a wake, it is dangerous to swimmers. Mrs. Pauline Clarke, 3902 Mueller, asked about the easements referred to. She inquired if there would be a public statement from this Council as to what they intend to do about the conditions associated with the easements. She noted that there has been no comment or answers provided the many people who have addressed this issue. Mayor Jones stated that he could not make a statement until he has more information because he did not know about the significance of the easements. Mrs. Clarke expressed the opinion that the Council should inform the public about the easements and also as to whether or not the street that was covered by sand had been officially abandoned. Council Member Gulley assured Mrs. Clarke that he has already requested that the City Secretary and the City Attorney examine the minutes to see what happened in 1976 in connection with the easements referred to. He stated that he did recall temporary construction easements that were approved in 1976 in order to get equipment to the beach. Council Member Dumphy also expressed concern about the easements. Mayor Jones assured Mrs. Clarke that the easements and the terms included in them will be investigated. Mayor Jones expressed the opinion that the size and location of the parking lots on Corpus Christi Beach should be established before this Bayfront Plan is adopted. Council Member Dumphy expressed the opinion that this would delay adoption of the plan, and since there is no way of knowing how many parking lots will be needed, he was of the opinion that the conceptual plan should be adopted. Mr. Bonner D'Arcy, 650 Deforrest, related that the plan of 1970 was submitted to Congress to obtain funding for the beach restoration and in that Minutes Regular Council Meeting November 24, 1982 Page 24 plan, it was indicated that the City would acquire more land at the north end of the beach for public use. He pointed out that a large parking area will be constructed to serve that park and agreed that the north end was intended as a large recreation area, but that does not preclude the use of the remainder of the beach. He suggested that large parking lots should not be built and expressed support of the LULAC Plan for small parking areas at the ends of the streets. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Gulley and passed unanimously. Mayor Jones reiterated that definite plans should be established for the location of parking lots on Corpus Christi Beach before this plan is adopted. Council Member Zarsky expressed immediate concern about things that are occurring on Corpus Christi Beach. He stated that it could be a very serious problem if wooden fences are constructed, particularly the one at the end of Villa del Sol. He pointed out that this could cause a great deal of damage during hurricanes. Mayor Jones pointed out that the plan is scheduled to be adopted on December 15 and asked the Council for input. Council Member Gulley expressed the opinion that the concept of the plan is good and he agreed that specific parking lot locations should not be designated at this time because there may not be a need yet for that many parking places. He expressed the opinion that the north end should have a large parking lot; the south end should have a major parking lot; and there should be a good-sized one in the middle. Mr. Gulley also expressed the opinion that the LULAC Plan for a number of small parking lots at the ends of streets is a good plan and should be included in the Bayfront Development Plan. Council Member Zarsky pointed out that the 1966 plan was possibly not the best plan and he was of the opinion that changes should be made. He stated that he is not even sure that the plan presented by LULAC would be the best one either and expressed the opinion that there should not be any definite designations as a part of this plan for the location of parking places until it is determined how much the beach is used. Council Member Kennedy pointed out that any approved plan must also be oved by the Corps of Engineers since the restoration of the beach was utes Regular Council Meeting November 24, 1982 Page 25 subject to agreements with them. He expressed the opinion that there is no need for that many parking lots at this time and they should be developed as the need arises. He pointed out that there are not definite plans included as a part of this Bayfront Development Plan. Mayor Pro Tem Turner stated that she felt that the conceptual plan should not tie down exact locations of parking lots, but the plan should instead make definite policy statements. She, noted that after this conceptual plan is approved, then would be the time for specific detailed plans. She also urged the creation of the Bayfront Commission. City Manager Martin reminded the Council that the plan definitely states that there will be five parking lots, but it does not address specific locations and this fact should be emphasized. *o*o*o*o*o*o*o*o*o*o*o*o*o*o Mayor Jones called for the City Manager's Report. City Manager Martin explained to the Council that the sales tax received by the City has not reached the estimate anticipated by the staff because of the peso devaluation and the continued unemployment in the state. He informed the Council that the City received approximately $1,100,000 less than anticipated. He explained that if the economy improves and sales are increased during the Christmas season, then the City will probably pick up that deficit from the sales tax in February, 1983. He explained that rather than wait, he is of the opinion that the City should take some steps to attempt to delay some capital outlay items and also attempt to delay employing new people when vacancies occur. He stated that the City staff will make every effort to offset this loss in revenue. Mayor Pro Tem Turner referred to the food program for the elderly and inquired if there are any programs that will be eliminated by the federal government. City Manager Martin stated that he did not know at this time, but he was of the opinion that the City should be very careful not to become dependent on federal funds. *o*o*o*o*o*o*o*o*o*o*o*o*c*o Mayor Jones called for petitions or information from the audience on matters not listed on the agenda. Minutes Regular Council Meeting November 24, 1982 Page 26 Mr. Miguel Pro, Central Business District, requested that the City allow free parking in the downtown area during the season prior to Christmas. Mayor Jones informed Mr. Pro that this would ,be on the agenda December 1, 1982. Mrs. Betty Brandesky, 4017 Cork, inquired as to who she should report reckless driving by bus drivers, mentioning that she had observed bus number 1343 driving erratically on Tuesday, November 23, 1982. Mrs. Brandesky also reported difficulties she has encountered with Athena Cablevision. Mayor Jones assured Mrs. Brandesky that since she had given the number of the bus and the day that it was observed, this could be considered a report. Ms. Deborah Mara, 5802 Everhart, expressed concern about the location of the new library. She stated that she is a student at Carroll High School and she objected to the proposed location in the downtown area since a majority of the citizens reside on the south side and she was of the opinion that the new library should be located there. Mayor Jones assured Ms. Mara that Parkdale Library will not be closed, but the City feels that the La Retama Central Library should be located in the Central Area of the City. Mayor Pro Tem Turner expressed appreciation to Ms. Mara for coming to the Council Meeting and stated that the Council has made no determination as to the location of the Central Library. She stated that after the site selection is made, she would be glad to speak to the Carroll High School students to explain the reasons for the site selection. Council Member Dumphy expressed the opinion that before any of the Council Members address anyone in regard to the site for the Central Library, they should have all the facts as to what a Central Library is. Mrs. Mary Rhodes, League of Women Voters, referred to invitations that had been placed on the Council table for the members to attend a Christmas party on December 7. There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Council Member Zarsky and passed unanimously, the Regular Council Meeting was adjourned at 7:50 4 'November 24, 1982. p.m., I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of October 1, 1982 thru October 29, 1982, inclusive, and having been previously approved by Council action, are by me hereby approved as itemized. October 6, 1982 - Regular Council Meeting October 6, 1982 - Sper-ia1 Council Meeting October 13, 1982 - Regnlar Council Meeting October 13, 1982 - Special Council Meeting October 20, 1982 - Special Council Meeting October 27, 1982 - Regular Council Meeting October 27, 1982 - Special Council Meeting MAYOR