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HomeMy WebLinkAboutMinutes City Council - 06/02/1987MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 2, 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 * City Manager Craig McDowell City Attorney Hal George City Secretary Armando Chapa 2/ Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Guerrero who also led the Pledge of Allegiance to the Flag of the United States. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. Mayor Pro Tem Slavik noted that there is a correction on Page 13 pertaining to a vote on Item No. 21 in the Minutes of May 26, 1987. A motion was made by Council Member Guerrero that the Minutes of the Workshop Meeting and Regular Council Meeting of May 26, 1987, with the appropriate correction on Page 13 be approved; seconded by Mayor Pro Tem Slavik and passed unanimously. * Council Member Strong arrived at 2:05 p.m. * * * * * * * * * * * * * A presentation on Yokosuka, Japan's 80th Anniversary Celebration and Finalization of Corpus Christi's sister City Affiliation with Keelung, Taiwan was made by Dr. Howard Tirschwell, General Chairman of the Sister City Steering Committee. Dr. Tirschwell stated that Mayor Chung Se Chen will be visiting Corpus Christi with a delegation in July. He then acknowledged Ted Schoenberg who is the Activities Chairman for the Taiwan delegation. Mr. Schoenberg presented a tentative schedule of the activities planned. He then introduced Terry Dopson, Director of the Park and Recreation Department. Mr. Dopson presented books to the Council from Yokosuka, Japan. He stated that there will MICROFILMED inutes Regular Council Meeting June 2, 1987 Page 2 be a Marine Port Festival held in Yokosuka August 7 through August 17, and Japan has invited six dignitaries and eleven delegates from Corpus Christi to have active participation in the festival. He stated that any representative Corpus Christi sends must pay for transportation; however, the Japanese will provide room and board. He expressed the opinion that he believes it is an economic and goodwill opportunity. * * * * * * * * * * * * * Mr. John Dorn, President of the Texas State Aquarium Association, spoke on the bulkhead design for the Texas State Aquarium Project. He referred to the actual bulkhead on North Beach and stated that this is a part of the infrastructure cost that was included in the bond election in 1986. Mr. Dorn stated that the engineering firm of Shiner, Moseley & Associates was hired by the City for the engineering work on the bulkhead. He displayed drawings and an aerial photograph of the project and introduced Mr. Doug Hearn of Shiner Moseley. Mr. Doug Hearn made a brief technical presentation of the central layout of the water front improvements and pointed out the key features of the design. He stated that the first function is to protect the shoreline, and the second function is to provide a people friendly environment in the area. He stated that they have presented a Corps of Engineers permit application to the Aquarium Association, and upon approval of the concept of the layout will submit the application. He stated that the cost of the waterfront improvements project will be about $1 million. Mayor Turner referred to Item No. 23 on the agenda pertaining to the aquarium land acquisition of Parcels 1 and 10 located on Surfside Boulevard. City Manager McDowell pointed out on the aerial photograph the parcels which the City is acquiring for this project. A motion was made by Council Member Guerrero to authorize the acquisition of Parcels 1 and 10 located on Surfside Boulevard at Canal Avenue at a cost of $223,400 for the Aquarium Land Acquisition Project. The motion was seconded by Council Member Berlanga and passed unanimously. (M87-0215) Mayor Turner referred to Item No. 21 pertaining to an agreement for design services for the aquarium. In answer to a question from the Mayor, Mr. Dorn stated that the architects have already started on the project; the foundation and structural plans will be ready by August and can go out for bids at that time; and hopefully, it will be under construction by the end of this year or the beginning of next year. City Manager McDowell referred to the agreement with the Texas State Aquarium Association which provides that the Association will complete the foundation plans by December 31, 1987, so that construction can be started in inutes Regular Council Meeting June 2, 1987 Page 3 early 1988, and will complete the remaining plans and specifications building by May 31, 1988. Mayor Pro Tem Slavik referred to Section II of the agreement about the total cost of the project. Mr. Dorn replied that the closer to $1,150,000. City Manager McDowell noted that for the second phase of the million worth of bonds have to be allocated, and stated that they been sold. There were no comments from the audience on Item No. 21. for the and inquired cost will be project, $2.7 have not yet City Secretary Chapa polled the Council for their votes; and the following resolution was passed: 21. RESOLUTION NO. 19764 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE TEXAS STATE AQUARIUM ASSOCIATION FOR THE DESIGN OF THE AQUARIUM AND REIMBURSEMENT BY THE CITY OF THE COST OF DESIGN CONSULTANTS UP TO A MAXIMUM OF $500,000; AND APPROPRIATING $500,000 FROM THE ECONOMIC DEVELOPMENT TRUST FUND. The foregoing Resolution passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner referred to the Board and following appointments were made by the Council: Mechanical Advisory Board: Glenn Daniels Rick Smith Board of Adjustment: Michael Yuras Food Service Advisory Council: Leonard De La Garza Planning Commission: Lamont Taylor Building Standards Board: Patricia Constant Marcella Curry Committee Appointments. Transportation Advisory: Roland Gaona Dr. Herbert E. Madalin Fred Braselton Housing Authority: Nancy Stevens Rosa Garza (Declined Appointment) Airport Board: W. L. Bates Robert Welch Sylvia Gulley Park & Recreation: Claude Axel Cathy Harrison * * * * * * * * * * * * * The inutes Regular Council Meeting June 2, 1987 Page 4 Mayor Turner called for consideration of Consent Motions, Items 1 through 12. Item No. 13 was withdrawn pending discussion. 1. M87-0202 Approving the purchase of a hydraulic crane from U.E.C. Equipment Company based on the low bid of $21,825. This item will be used by the Water Division and funds were approved in the 1986-87 budget. 2. M87-0203 Approving the purchase of three flow meters from the Montedoro-Whitney Corporation based on the low bid of $21,057. These flow meters will be used by the Wastewater Division and funds were approved in the 1986-87 budget. 3. M87-0204 Approving the purchase of two } ton pick-up trucks for the Water Division, and four 3/4 ton pick-up trucks for the Gas Division from Courtesy Ford, for the total amount of $73,765.34, based on low bid. 4. M87-0205 Approving plans and specifications and authorizing receipt of bids on June 30, 1987, for improvements to Camron Street from Padre Island Drive to Flato Road; and approving cooperative agreements with the adjacent property owners, W.L. Bates/Edmond Ford and Bill Smith, relative to apportioning the cost of the improvements. 5. M87-0206 Accepting the McGloin Road Water System Improvements project; granting the contractor a 3 -day time extension; and authorizing final payment of $4,014.40 to Perry Construction Company, Inc. 6. M87-0207 Accepting the Castle, Middlecoff, Woodland and Wooldridge Park Improvements project; granting the contractor a 34 -day time extension; and authorizing final payment of $28,315.26 to Progressive Structures, Inc. 7. M87-0208 Accepting the Broadway Wastewater Treatment Plant Modifications project; granting the contractor a 35 -day extension; and authorizing final payment of $17,852.60 to E. J. Stefek Company. inutes Regular Council Meeting June 2, 1987 Page 5 8. M87-0209 Awarding a contract in the amount of $110,775 to Dickson Builders, Inc. for the Gabe Lozano, Sr. Golf Cart Charging Facility. 9. M87-0210 The agreement with Pate and Price Airport Consultant, Inc. be cancelled and an agreement be entered into with John F. Brown, Inc. (Action was erroneously approved by motion. An ordinance authorizing this change will be on the agenda of June 9, 1987). 10. M87-0211 Appointing Inez Adams as lay representative of the Corpus Christi Public Library to the South Texas Library Advisory Council as recommended by the Library Board for a term of three years. 11. M87-0212 Authorizing the City Manager or his designee to enter into a 3 -year service contract with Sunbird Concession for the operation of a manual food and drink concession at McGee Beach. 12. M87-0213 Authorizing the City Manager or his designee to enter into an agreement with the Music Performance Trust Fund for eleven 1987 summer concerts to be performed at the Cole Park Amphitheater by the Corpus Christi Musicians Association, Inc., Local 644, for a total of $12,000; of which $11,600 is for the payment to the musicians for performing and $400 is for stagehand expenses. There were no comments from the Council or the audience on Consent Motions 1 through 12. A motion was made by Council Member Mendez that Consent Motions 1 through 12 be approved; seconded by Council Member Moss and passed unanimously. Mayor Turner referred to Item No. 13 pertaining to Whitecap Boulevard. Victor Medina, Engineering Services Director, referred to the agreement between the City and Lake Padre, Ltd. for the construction of Whitecap Boulevard in the new alignment as a 62 -foot wide roadway with curb, gutter and sidewalk. He stated that the Staff would like to move forward with the agreement and believes it would have a good economic impact on the Community. Mayor Pro Tem Slavik stated that the widening of Whitecap is needed but expressed concern over the new concept; she did not see how it would benefit the City; and inquired about the dogleg being so close to Access Road No. 4. Mr. Medina stated that the Staff felt very strongly about providing the additional access to the beach; it would reduce traffic congestion; and the inutes Regular Council Meeting June 2, 1987 Page 6 parking area will be improved. He stated that the money for the parking area would come out of the $750,000 of the funds which are available. He stated that by widening Whitecap in the realigned section, the City will avoid a lot of controversy with the Corps of Engineers. He further stated it would cost considerably more to widen the bridge at its present location. City Manager McDowell stated that to reconstruct Whitecap in its present location would require the City to damage more of the wetlands than to relocate it to the proposed location, and it will provide a direct additional beach access. In answer to a question from Council Member Rhodes pertaining to a lease access from the State, Mr. McDowell referred to Paragraphs 7, 15 and 16 of the agreement. He stated that Paragraph 7 explains the dedication of the property, Paragraph 15 refers to the relocation and ties in to Paragraph 16 which pertains to the necessary leases. In answer to a question from the Mayor regarding the public hearing, Mr. McDowell stated that there was a public hearing in October of 1986; it was held in abeyance; negotiations have gone on; and the negotiated contract is now being brought to the Council. In answer to a question from Council Member Rhodes, Mr. McDowell stated that adjacent property owners will be subject to the normal assessments. He stated that the City will assess the share of pavement costs in accordance with the current assessment policy to all abutting property along the new Whitecap Boulevard realignment, and Mr. Medina replied that the developer will be assessed 90% of the actual construction costs for the street section abutting the Lake Padre property, 1007 for curb & gutter costs, 80% for sidewalk costs, plus 8% of the engineering costs, and total assessments are estimated at $481,200. In answer to a question from Mayor Pro Tem Slavik pertaining to the landscaping, Mr. Medina responded that Lake Padre has agreed to invest $160,000 worth of landscaping, and the City will provide $20,000 for the landscaping improvements. Mr. Lewis Lovelace, 1549 Casa Grande, referred to Paragraph 18 of the agreement which states "it is recognized by the City of Corpus Christi that the construction of this project is the first action to be taken by both the City & Lake Padre in the implementation of the overall Lake Padre's Plan that has been endorsed by the City Council. Both parties recognize that additional actions will be required of each other in the future to complete the development of the overall Plan, including but not limited to, additional annexation of land within the Lake Padre boundaries, additional platting, public easement and right-of-way dedication by Lake Padre, and additional City services attendant to annexation." He inquired if the Council knew what is included in the overall plan, what is the present plan, how much it will cost the taxpayers, how it will help the tax payers and how it will help the developer. He noted that the taxpayers should not subsidize this project and stated that the anticipated annexation will trigger a petition. He urged the Council to revise Paragraph No. 18. Mayor Pro Tem Slavik expressed concern over the language in Paragraph No. 18. inutes Regular Council Meeting June 2, 1987 Page 7 Assistant City Manager Utter stated called for in the document. He stated that annexed and on the north side of Whitecap that the language was specifically the south side of Whitecap has been as this project develops, this is a recognition of the annexation. He stated th is coming into the City. at it states up front that that area City Manager McDowell stated that it is just a recognition that there will be annexation as this project develops; it is a statement of fact; and it will have to come before the Council. Council Member Mendez stated that he did not think the language is a problem because it merely states something that is going to happen. Council Member Rhodes expressed concern over the annexation and suggested new language for Paragraph No. 18. In response to a question from Mrs. Rhodes, City Attorney George stated that it is a statement of general intent of what both parties intend to do over the next two years, and there will be additional things required of each party. In response to a question by Council Member Guerrero, Mr. Medina responded that this type of project has never been done before, and City Manager McDowell responded that in this particular project, street reconstruction was approved in the bond program; at the same time, the developer plans to develop his property and will dedicate the right-of-way to the City to relocate the street; and bond funds will be used for the street improvements plus other negotiated items; then the developer is being assessed. He further stated that the costs will be $750,000 for the roadway portion of the project, $31,000 for the bus turnaround and $20,000 for the landscaping. In response to a question from Council Member Guerrero pertaining to benefits to the taxpayers, Mr. McDowell responded that there will be increased value as that property develops; direct access to the beach will be provided; congestion will be relieved; and safety features will be provided on the seawall. He stated that the City's investment of $800,000 will result in assessed values in tax dollars. Mayor Turner suggested that additional language be added to Paragraph No. 18 such as "All such action be subject to subsequent approval by the City Council." City Manager McDowell stated that Mr. Joe Fulton acknowledged that it would be an acceptable provision to be inserted in Paragraph 18. Council Member Pruet stated that the developer is going to invest private dollars into the City to enhance a street by relocating it; the City will have an enhanced tax base; and there will be access to the beach. He stated that the City may have to annex some land to increase the tax base. He stated that the mutes Kegular Council Meeting June 2, 1987 Page 8 Council has three choices - 1. decrease services; 2. increase the tax base; or 3. raise taxes. Mr. Joe Fulton, representing Lake Padre, stated that this contract has been going on for eight months; this project is on a very tight timetable; he would like to leave the agreement as it exists in its present state; and he requested approval of the Council. 13. M87-0214 Approving a participation agreement between the City and Lake Padre, Ltd. for the construction of Whitecap Boulevard in the new alignment as a 62 -foot wide roadway with curb, gutter and sidewalk. Council Member Moss made a motion to approve Item No. 13 with the additional language in Paragraph No. 18 which was proposed by Mayor Turner. The motion was seconded by Council Member Guerrero and passed unanimously. (Council Member Pruet originally voted "No" but changed his vote to "Aye.") * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Ordinances on Items 14 through 19a. Council Member Moss referred to Item No. 16 pertaining to the Kingsbury Street Bridge Replacement. He stated that he would like to clarify a statement he had made at the first Council Meeting he attended, in that he alleged that the City's Engineering Department had made an error in regard to this project, whereas in reality it was an error of the State Department of Highways and Public Transportation. Council Member Mendez referred to Item No. 19a Sanders -Midwest Inc. and inquired if the City subcontractors had been paid. Assistant City Manager the contractor is paid by the City, he will provide all contractors and subcontractors on the project have There were no comments from the City Secretary Chapa polled the ordinances were passed: 14. ORDINANCE NO. 19759 pertaining to payment to had verified that the Lontos stated that before an affidavit stating that been paid. audience on the Consent Ordinances. Council for their votes; and the following AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH JOHN B. RUSSO AND THOMAS W. STEWART FOR A TRACT OF LAND LOCATED AT RESACA AND SAM RANKIN STREETS TO BE USED FOR STORAGE; AND DECLARING AN EMERGENCY. inutes Regular Council Meeting June 2, 1987 Page 9 The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Rhodes and Strong voting, "Aye"; Guerrero and Pruet absent at the time the vote was taken. 15. ORDINANCE NO. 19760 AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CONSULTANT FIRMS OF ESPEY, HUSTON & ASSOCIATES, INC. TOGETHER WITH BECHTOL, HOFFPAUIR AND EHRLER, INC. FOR A MASTER PLAN STUDY OF THE JOHN F. KENNEDY CAUSEWAY RECREATIONAL AREA; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Rhodes and Strong voting, "Aye"; Guerrero and Pruet absent at the time the vote was taken. 16. ORDINANCE NO. 19761 REPEALING ORDINANCE 19714 WHICH REQUESTED THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO TERMINATE THE CONSTRUCTION CONTRACT WITH HELDENFELS BROTHERS, INC., PROVIDING FOR BRIDGE REPLACEMENT ON KINGSBURY STREET AT TURKEY CREEK AND APPROPRIATING $8,400 FROM THE NO. 220 STREET BOND FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Rhodes and Strong voting, "Aye"; Guerrero and Pruet absent at the time the vote was taken. 17. RESOLUTION NO. 19758 REQUESTING THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO TERMINATE THE CONSTRUCTION CONTRACT WITH HELDENFELS BROTHERS, INC., PROVIDING FOR BRIDGE REPLACEMENT ON KINGSBURY STREET AT TURKEY CREEK. The foregoing Resolution passed by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Rhodes and Strong voting, "Aye"; Guerrero and Pruet absent at the time the vote was taken. 18. RESOLUTION NO. 19762 APPROPRIATING $10,000 FROM THE AIRPORT BOND FUND FOR RELOCATION EXPENSE IN CONNECTION WITH RECENTLY ACQUIRED PARCEL 14C -D FOR THE INTERNATIONAL LAND ACQUISITION PROJECT. The foregoing Resolution passed by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Rhodes and Strong voting, "Aye"; Guerrero and Pruet absent at the time the vote was taken. inutes Regular Council Meeting June 2, 1987 Page 10 19. ORDINANCE NO. 19763 AMENDING CHAPTER 36, PARKS AND RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, SECTION 36-2, GREEN FEES SCHEDULE FOR GOLF COURSE AND GOLF CENTER, TO AUTHORIZE THE CITY MANAGER TO SET THE RATES TO BE CHARGED FOR THE RENTAL OF GOLF CARTS AT THE CITY GOLF CENTERS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its third reading by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Rhodes and Strong voting, "Aye"; Guerrero and Pruet absent at the time the vote was taken. 19a. RESOLUTION NO. 19757 AUTHORIZING AN ADDITIONAL PAYMENT OF $36,837 to SANDERS -MIDWEST, INC. FOR CLAIMS ASSERTED BY THE CONTRACTOR AND DETERMINED BY THE PROJECT ENGINEER TO BE VALID IN CONNECTION WITH THE EXPANSION OF THE 0. N. STEVENS WATER TREATMENT PLANT; AND APPROPRIATING $47,370. The foregoing Resolution passed by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Rhodes and Strong voting, "Aye"; Guerrero and Pruet absent at the time the vote was taken. * * * * * * * * * * * * * Council Member Moss requested that Item No. 20 be withheld until discussion of Item No. 24. Mayor Turner called for consideration of Item No. 22 pertaining to the Airport Parking Lot maximum fee increase. In reference to Item No. 22, Mayor Pro Tem Slavik inquired about the amount of increase and inquired if the City can afford this. Mr. George D. Hext, Director of Aviation, responded that our rates are still very competitive and he did not believe the rates will have an adverse effect on the customers. He stated that the increase is essential to the budget. There were no comments from the audience on Item No. 22. City Secretary Chapa polled the Council for their votes; and the following ordinance was passed on 1st reading: 22. FIRST READING AMENDING CHAPTER 9, AVIATION, SECTION 9-35. SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its first vote: Turner, Slavik, Berlanga, Guerrero, and Strong voting, "Aye." 1, PARKING RATES: PROVIDING FOR reading by the following Mendez, Moss, Pruet, Rhodes, inutes Regular Council Meeting June 2, 1987 Page 11 * * * * * * * * * * * * * Mayor Turner referred to Item No. 25 pertaining to the permanent art project for design for the atrium floor in the new City Hall. She noted that this item had been tabled from last week. City Manager McDowell stated that during discussions last week, it had been the consensus of the Council to pay the honoraria to the two art professionals and not the lay members on the panel. Connie Freeman, Chairman of the Visual Arts Committee, presented a letter to the Council from Jerry Allen, Director of the Division of Cultural Affairs, stating his views on the subject of honoraria. Council Member Strong stated that contrary to her comments last week, she believes that the art professionals should be paid an honoraria but not the community volunteers. Council Member Rhodes expressed the opinion that the City has professional people on all the Board and Commissions who give freely of their time. She stated that the budget is tight, and it will set a bad precedent to pay the honoraria. City Attorney George referred to the language in Item No. 25 and stated that if it is changed, there should be a motion to amend the language, and a separate motion to approve Item No. 25. A motion was made by Council Member Strong to amend Item No. 25 to pay honoraria only to the two art professionals who are hired as consultants by the Municipal Arts Commission on specific arts projects. The motion was seconded by Council Member Mendez and passed by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Pruet and Strong voting, "Aye"; Rhodes voting, "No"; Guerrero absent at the time the vote was taken. A motion was made by Council Member Strong to approve Item No. 25 as amended; seconded by Council Member Mendez and passed by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Pruet and Strong voting, "Aye"; Rhodes voting, "No"; Guerrero absent at the time the vote was taken. 25. M87-0217 Approving $15,000 from the Permanent Art Trust Fund to commission an artist to design a decorative floor for the atrium of the new City Hall and authorizing the appointment of an art selection panel and to pay honoraria to the eligible members of the art selection panel. * * * * * * * * * * * * Lnutes iiegular Council Meeting June 2, 1987 Page 12 A motion was made by 24 before Item No. 20. passed unanimously. Mayor Turner called services contract renewal Council Member Mendez to discuss and vote on Item No. The motion was seconded by Council Member Moss and for consideration of Item No. 24 pertaining to the for the Gartens on the People's Street T -Head. Mr James Cook, the applicant, 13765 Eagles Nest Bay Drive, stated that last year he requested permission to sell beer and wine and the request was denied; he opened without them; he lost money; the concession is meant to be a replica of a European sidewalk cafe; he upgraded the building; it was meant to attract the visitors of Corpus Christi; the tourists did not patronize the concession and expressed displeasure; and they were encouraged to address this issue again. Mr. Cook stated that drinking on the T -head is legal; the Park Board and Marine Board endorsed his proposal; there will be no enticement to drinking alcohol; the sale of alcohol will be completely controlled; and the cafe is designed primarily for the tourists to sit down and enjoy a fabulous view. Mayor Pro Tem Slavik expressed concern regarding the limitation of alcoholic beverages. In answer to a question from the Mayor Pro Tem, Mr. Cook responded that he has sold alcoholic beverages before; he does not anticipate a problem and is not going to allow someone to sit and get intoxicated. He stated that if there ever was a problem, he would be willing to establish a limit on the amount of drinks. Council Member Berlanga stated that last year he voted against this item because of a misconception that the operation was going to be a bar. He noted that Mr. Cook has bent over backwards in trying to meet the City's requirements. He stated he believes it is only fair to provide amenities for tourists to enjoy, and he is going to vote for approval. Those speaking in opposition Fox of the Altar Prayer Church; 2. Parkside Church of God; 4. Mr. Wilbanks, 841 Rosedale; 6. Faye Wimberly, 806 Alden Drive. to Mr. Cook's proposal were: 1. Pastor J. J. Pastor Espinoza; 3. Pastor Ralph Starr of the J. H. Kinard, 4629 Donegal Drive; 5. Helen Kinard, 4629 Donegal Drive and 7. Raymond Mayor Pro Tem Slavik requested the Staff to address the concern of possible insurance problems for the City pertaining to this item. City Attorney George stated that when the City enters a contract with a party who will sell alcoholic beverages, they have to have a particular kind of insurance policy which designates the City as the named insured; everything is done to protect the City; and Mr. Cook has met the insurance requirements. Those speaking in favor of Mr. Cook's proposal were: 1. Kitty Ellis, 1109 Clarion, owner of Coastal Bend Charters which operates on the T -head; 2. Terry Ellis, 1109 Clarion; 3. Sam Allen, 509 Lawrence Street; 4. Sherry Halliday, inutes Regular Council Meeting June 2, 1987 Page 13 Padre Island; 5. Betsy Lambert, 4325 St. George; and 6. Jack Colmenero, 1030 Delta. Council Member Strong reiterated that it is extremely important that the City have a uniform policy, pointing out that the City has Corpus Christi Dockside Restaurant, and the Wayward Lady, both which are anticipating the sale of alcoholic beverages outside. She stated that since she believes that the City should be uniform, she will vote for Mr. Cook's concession on the T -head. Mayor Pro Tem Slavik explained that she voted against this operation last year but noted that this is similar to sidewalk cafes in Europe. She pointed out that the contract is only for seven months and if problems arise, the contract can be terminated; therefore, she will vote for the contract. Mayor Turner commended all of the citizens who have strong convictions and were willing to voice their opposition, but stated that she will vote in favor of the contract because the City cannot prohibit consumption of alcoholic beverage or legislate social behavior. Council Member Guerrero stated that he opposed the concession last year and he will this year also. He expressed the opinion that if this is approved, a precedent will be set. Council Member Rhodes stated that she will support the contract because not granting this concession would not eliminate the consumption of alcohol because the people who desire to will drink in other locations. She also emphasized the fact that the liquor lobby did not, to her knowledge, have any influence during the recent election. A motion was made by Council Member Mendez to approve Item No. 2 ; seconded by Council Member Moss and passed by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Guerrero voting, "No." 2,t. M87-0216 Authorizing the City Manager or his designee to enter into a one-year services contract renewal with Mr. James Cook, dba The Gartens, located on the Peoples Street T -Head. * * * * * * * * * * * * * Mayor Turner referred to Item No. 20 pertaining to the restriction of alcoholic beverages on the Peoples' Street T -Head. Council Member Mendez stated that there is no reason to pass an ordinance of this nature and did not understand why it was recommended by the Park & Recreation Board. He pointed out that there already is a law pertaining to open containers. He encouraged the Council not to approve this ordinance. inutes Regular Council Meeting June 2, 1987 Page 14 Council Member Strong expressed concern about people drinking and driving. She stated that she would support an amended motion to prohibit open containers in the parking lot or in roadways. A motion was made by Council Member Guerrero to table this item in order for the Council to have a report from Mr. Charles Blum of the Parks & Recreation Board. The motion was seconded by Council Member Pruet. Those people speaking in opposition to Item No. 20 were: 1. Kitty Ellis, 1109 Clarion; and 2. Joanne McGill, 845 Egyptian. Council Member Pruet withdrew his second to the motion; it was seconded by Mayor Pro Tem Slavik and passed. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the first zoning application. 26. Application No. 387-4, Mr. Richard Perez et al: For a change of zoning from "A-1" Apartment House District to "AB" Professional Office District on Lots 4, 5, and 6, Block 1, Ocean View, located on the west side of Ocean Drive, approximately 150' south of Morgan Avenue. Mayor Turner stated that both the Planning Commission and Planning Staff recommend denial of the application. There were no comments from the audience. A motion was made by Council Member Mendez to close the hearing; seconded by Council Member Strong and passed unanimously. A motion was made by Council Member Pruet to concur with the Planning Commission and Planning Staff recommendation to deny the application; seconded by Council Member Mendez and passed unanimously. * * * * * * * * * * * * * * Mayor Turner opened the public hearing on the second zoning application. 27. Application No. 487-3, Mr. Morteza Shafinury: For a change of zoning from "AB" Professional Office District to "B-4" General Business District on Lot 3, Block B, airline Subdivision, located on the northeast corner of Lyons Street and Airline Road. Mr. Larry Wenger, Director of Planning, stated that there were 12 notices mailed to property owners within a 200' radius of the subject property. He stated that of the notices mailed, two were returned in favor and two were returned in opposition. He noted that the Planning Staff and Planning Commission recommend denial; the applicant did submit a site plan but it did not linutes Regular Council Meeting June 2, 1987 Page 15 meet the requirements. Mr. Wenger explained that if the applicant were to submit an acceptable site plan, the Staff would support the request. He pointed out that the plan did not meet the driveway ordinance. Mr. Jack Colmenero appeared for the applicant, stating that the applicant purchased the property with the intention of establishing a car lot; the applicant desires a driveway on Airline Road and was not aware of the driveway ordinance. He stated that the applicant was informed that it would be acceptable if he could reach an agreement with the adjacent lot owner and share a driveway entrance. He stated that the adjacent lot owner was acceptable to the combined entrances and then declined to sign the agreement. A motion was made by Council Member Moss to close the hearing; seconded by Council Member Mendez and passed unanimously. Council Member Mendez encouraged the applicant to again approach the adjacent lot owner to try and reach an agreement concerning a combined driveway and then submit an acceptable site plan. Council Member Berlanga referred to the fact that there are other sites in the City where there is the same problem. He suggested that the Council make an exception because they should create an incentive for business people. Discussion followed, and a motion was made by Council Member Rhodes to accept the recommendation of the Planning Commission and Planning Staff for denial, but grant a special permit for the car lot, subject to an acceptable site plan to be submitted within thirty days, and if not submitted within that period, the case will be denied. * * * * * * * * * * * * * Mayor Turner called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Edward Pace, 4317 Nicholas Lane, presented a petition with 130 signatures requesting clean-up and repair of Shea Parkway ditch. He stated that the ditch is in an unhealthy and unsightly condition and little or no maintenance is performed on it. Mayor Turner suggested giving the petition to City Manager McDowell and requested a report on a tentative schedule for maintenance in that area. Peggy Ahuja, Executive Director of the Museum of Oriental Cultures, requested that the City give the present Utilities Building to the museum for their new headquarters. She stated that they do not want any City funds for the move; they will raise the money themselves; they will sign a contract with the City; and they deserve to have a prominent location. inutes Regular Council Meeting June 2, 1987 Page 16 Mayor Turner inquired if the museum had considered leasing a building in the downtown area, and Ms. Ahuja replied that they had talked about it but not considered it. Council Member Strong noted that the Council will next week be discussing the final disposition of the City buildings. Dr. Howard Tirschwell stated that the City has open spaces and should make use of a building which is already in place for the Museum of Oriental Cultures. Inez Bigler, spoke on behalf of the Senior Citizens of Lindale, requested permission to conduct dances. She stated that they have a dance three nights a week; sometime ago a lady fell; and since then, they have not had any wax on the floors; and requested permission to put wax on the floor so they can dance. She presented a petition signed by the senior citizens. A motion was made by Council Member Moss; seconded by Mayor Pro Tem Slavik; and passed unanimously for the City Manager to request the Staff to look into the problem so that the senior citizens can use the floor Friday nights for dances. City Manager McDowell stated that the Staff will check out the problem; he stated that the issue is the City does not have liability coverage and requested that the senior citizens sign waivers to hold the City harmless. He noted that if they do not sign the waivers, they will be denied access. The senior citizens implied they will sign the waivers. Earl Wilder, 517 Williams, spoke on behalf of the retired firefighters and widows, presented a proposed resolution to the Council in recognition of the retired firefighters and widows of the firefighters. The resolution will be brought back to the Council next week as a formal resolution. Firefighter John Tacuma, 4201 Riverdale Drive, spoke on behalf of the firefighters about the problem with the retired firefighters and their retirement income. He referred to a ledger from the fund dating back to 1953 and stated that the Old Smokies did not contribute as much to the fund as is being contributed now; firefighters are now paying 9 percent; they paid 1 percent and were told to raise their contributions. He stated that the firefighters control their own pensions. Council Member Berlanga referred to the fact that the Old Smokies were working under different conditions at the time and inquired if there was some way the firefighters could help the Old Smokies. He pointed out that the present firefighters are receiving cost of living increases. * * * * * * * * * * * * * City Manager McDowell presented to the Council the proposed budget for the fiscal year 1987-88 and gave a brief presentation. He stated that the budget is inutes Regular Council Meeting June 2, 1987 Page 17 balanced and does not provide for all the requests that have been identified; total available resources equal $312,444,289 with recommended expenditures of $245,052,184, leaving $67,392,105 in estimated fund balances as of July 31, 1988; appropriations net of interfund transfers equal $208,485,698; this figure compares to the net appropriation for FY 86-87 of $221,108,447; the decrease is primarily due to reductions in capital projects; the local economy has not fared as well as had been expected; the 1986-87 budget anticipated a drop in the sales tax; actual experience has shown that instead of the half -million dollar drop that was anticipated in the sales tax, the decrease will be over $1 million; the electric franchise tax will decrease an additional $900,000; several other revenue sources aggregate to a total drop in revenues of about $2.9 million; and expressed his concern with the erosion of reserves in the General Fund which will shrink by about $2.4 million by the end of FY1986-87. He pointed out some of the accomplishments of the past year such as: reorganization, senior staffing, automation of the annual budget, financial trend monitoring system, monthly meetings with all department heads, certificate of excellence in financial reporting, bond rating, capital improvements program, paperwork reduction, Choke Canyon restructuring, housing bond restructuring, and the strategic action agenda. He stated that the primary challenge faced in the preparation of the FY1987-88 budget process was the non -realization of approximately $4.2 million in General Fund revenue; the proposed General Fund budget relies on approximately $6.8 million of one-time funding sources to achieve balance; and this includes all but $1 million of the existing fund balance in the General Fund. He stated that the proposed budget does not provide funds for cost -of -living adjustments for any employees except as provided for by the present labor agreement with the Police Association. He outlined a number of alternatives which are available and stated that some difficult choices will have to be made this year. He stated that the City Council's Strategic Action Agenda will provide an excellent guide for the City as we address the needs and opportunities of the community over the next year and beyond. He stated that he believes Corpus Christi will actively and decisively address the problems and opportunities and emerge from our current economic situation a more vital community that will be united in our approach to a bright economic future. Council Member Guerrero stated that he is shocked at the seriousness of the situation and stated that some serious decisions should be made before the condition worsens. In answer to a question from Mr. Guerrero pertaining to merit raises, City Manager McDowell stated we need the ability to reward those employees that we are going to ask to sacrifice and give them an incentive. mutes Regular Council Meeting June 2, 1987 Page 18 Mayor Turner suggested a freeze on merit raises and urged the Council to consider innovative ways to reward employees as opposed to monetary awards. Council Member Pruet stated that the Council needs to consider its policies as it affects investments from the private sector and expanding the tax base. In answer to a question from Council Member Strong, Mr. McDowell stated that the City will not be penalized when we go to sell bonds and have not made provisions to increase those reserves; a lot depends on what happens with the economy at that time; we need to do everything to protect that rating; and it is going to be difficult to protect unless we are able to compensate. After more discussion, City Manager McDowell stated that the Staff is going to be looking at different solutions, and there are a number of things that can be done to reduce costs. He stated that the budget had already been cast before the Council's retreat, but it does support the Council's overall goals and objectives. There being no further business to come before the Council, a motion was made by Council Member Guerrero, seconded by Council Member Moss, and passed unanimously that the meeting be adjourned at 7:05 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 June 2, 1987, which were approved by the City Council on June 9, 1987. WITNESSETH MY HAND AND SEAL, this the ay /3 day of 17,7 . • Armando Chapa, City Secretar City of Corpus Christi, Texas