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HomeMy WebLinkAboutMinutes City Council - 06/09/1987MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 9, 1987 2:00 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem Mary Pat Slavik Council Members Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Linda Strong Absent David Berlanga, Sr. City Manager Craig McDowell Ass't. City Attorney Jimmy Bray City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend David Edgar of St. John's Methodist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Mendez. Mayor Turner requested that Council Member Berlanga be excused from the meeting because of a death in the family. The Council concurred. 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. Council Member Moss requested that on Page 6 of the Minutes of the Regular Council Meeting of June 2, 1987 that two additions be made regarding Whitecap Boulevard. A motion was made by Council Member Strong that the Minutes of the Workshop Meeting, and Regular Council Meeting of June 2, 1987, with the additional sentences, be approved as presented; seconded by Mayor Pro Tem Slavik; and passed unanimously. Mayor Turner administered the oaths of office to the following people: Glen Daniels, Rick Smith - Mechanical Advisory Board; Michael T. Yuras, Board of Adjustment; Leonard De La Garza, Food Service Advisory Council; Fred Braselton, Transportation Advisory Board; Sylvia Gulley, Airport Board; Cathy Harrison, Park & Recreation Board; and Patty Nuss, Sister City Committee. MICROFILMED iinutes Regular Council Meeting June 9, 1987 Page 2 * Council Member Guerrero arrived at 2:06 p.m. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 and 2. Council Member Moss pointed out that on Item No. 1, the memo was typed on May 12 and the contract was not awarded until June 9, and he inquired why it takes so long. He noted that the County does things in three days. City Manager McDowell replied that the date on the memo was immaterial. 1. M87-0218 1. Awarding a contract in the amount of $59,439.50 to A. Ortiz Construction and Paving, Inc. for grading and parking lot improvements in Dr. Hector P. Garcia Park. There were no comments from the audience on Item No. 1. A motion was made by Council Member Moss to approve Item No. 1; seconded by Council Member Guerrero and passed unanimously; Berlanga absent. 2. M87-0219 Authorizing the sale of the closed portion of Aubrey Street located adjacent to I.H. 37 between N. Shoreline Boulevard and Water Street to Richard A. Gray, Trustee, for $512,171. In reference to the above item, Mayor Pro Tem Slavik inquired who Richard A. Gray is Trustee for, and City Manager McDowell replied he will provide the answer later. Mrs. Slavik inquired if the Staff had an appraisal done, and Mr. McDowell replied in the affirmative and stated that the price is consistent with the appraisal. Mrs. Slavik inquired where the money will be put, and Mr. McDowell replied it was put in the General Fund. There were no comments from the audience on Item No. 2. A motion was made by Council Member Mendez to approve Item No. 2; seconded by Mayor Pro Tem Slavik and passed unanimously; Berlanga absent. * * * * * * * * * * * * * Mayor Turner noted that Item No. 14 is removed from the agenda until next week. Mayor Turner called for consideration of Consent Ordinances 3 through 30, with Items No. 9, 12, 15 and 17 being withheld for discussion and Item No. 14 withheld until next week. iinutes Regular Council Meeting June 9, 1987 Page 3 Council Member Strong noted that she will abstain from voting on Items 18 and 19 and will file an affidavit with the City Secretary's office. Council Member Moss requested further explanation on the item pertaining to the main depository agreement and investment depository agreements. City Manager McDowell noted they are individual contracts for all those banks which participate in the City's investment portfolio; the main depository bank is First City; and other banks participate in our investment portfolio. Council Member Pruet noted that he will abstain from voting on Items 5, 6 and 8 and will file an affidavit with the City Secretary's office. There were no comments from the audience on the above items. City Secretary Chapa polled the Council for their votes; and the following ordinances were passed: 3. ORDINANCE NO. 19765 AUTHORIZING CENTRAL POWER & LIGHT COMPANY TO PERFORM STREET LIGHTING IMPROVEMENTS RELATED TO THE CONSTRUCTION OF THE NEW CITY HALL; APPROPRIATING $51,250; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. 4. RESOLUTION NO. 19766 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCEL 2 FOR THE McARDLE ROAD STREET IMPROVEMENTS PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNER, ANGELITA H. SAENZ. The foregoing Resolution passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. 5. ORDINANCE NO. 19767 AUTHORIZING ACQUISITION OF PARCEL 1 IN CONNECTION WITH THE AIRLINE ROAD STREET IMPROVEMENTS; APPROPRIATING $78,070; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Rhodes and Strong voting, "Aye"; Pruet abstaining; Berlanga absent. linutes Regular Council Meeting June 9, 1987 Page 4 6. ORDINANCE NO. 19768 AUTHORIZING ACQUISITION OF PARCEL 3 IN CONNECTION WITH THE AIRLINE ROAD STREET IMPROVEMENTS; APPROPRIATING $5,188; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote; Turner, Slavik, Guerrero, Mendez, Moss, Rhodes and Strong voting, "Aye"; Pruet abstaining; Berlanga absent. 7. ORDINANCE NO. 19769 AUTHORIZING THE CONVEYANCE BY SPECIAL WARRANTY DEED OF LOT 4, BLOCK 15, WALDRON SUBDIVISION UNIT NO. 2 TO MR. AND MRS. RONALD REEVES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye; Berlanga absent. 8. ORDINANCE NO. 19770 AUTHORIZING THE EXECUTION OF A CONTRACT WITH J & B CONTRACTORS, INC. D/B/A SOUTH TEXAS UTILITY CONTRACTORS FOR THE CONSTRUCTION OF APPROXIMATELY 2,900 LINEAR FEET OF 18 INCH SANITARY SEWER TRUNK ALONG BEAR LANE BETWEEN FLATO ROAD AND JUNIOR BECK DRIVE; APPROPRIATING $458,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Rhodes and Strong voting, "Aye"; Pruet abstaining; Berlanga absent. 10. ORDINANCE NO. 19772 AUTHORIZING THE EXECUTION OF LICENSE AGREEMENTS WITH THE UNITED STATES DEPARTMENT OF THE NAVY FOR THE USE OF APPROXIMATELY TWENTY-FOUR ACRES OF FEDERAL PROPERTY FOR CONDUCTING YOUTH SPORTS PROGRAMS; AUTHORIZING LICENSE AGREEMENTS BETWEEN THE CITY AND THE LAGUNA LITTLE LEAGUE AND THE LAGUNA LITTLE MISS KICKBALL FOR THE USE OF SAID FEDERAL PROPERTY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. 11. ORDINANCE NO. 19773 CLOSING AND ABANDONING PORTIONS OF THE 100 -FOOT WIDE WHITECAP BOULEVARD BETWEEN TORTUGAS AVENUE AND WINDWARD DRIVE; PROVIDING FOR REPLATTING, DEDICATION OF REALIGNED RIGHT-OF-WAY, CITY ACCEPTANCE OF THE REALIGNED RIGHT-OF-WAY IMPROVEMENTS, AND REMOVAL OF THE STREET IMPROVEMENTS IN THE OLD ALIGNMENT; AND DECLARING AN EMERGENCY. 4inutes Regular Council Meeting June 9, 1987 Page 5 The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. 13. RESOLUTION NO. 19775 RECOGNIZING RETIRED FIREFIGHTERS AND WIDOWS OF THE CORPUS CHRISTI FIRE DEPARTMENT. The foregoing Resolution passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. 14. Withdrawn Rese�nE#ea--a�Parae�S--a-?kmi'e�-Pe-�-F�eerr�--dodge--ee-�.- --#or--e--�er#e� eeeerm#flans-with-Gennep-Berme. 16. RESOLUTION NO. 19777 APPROPRIATING $23,400 FROM THE 561 STREET BOND FUND FOR APPRAISAL SERVICES BY JOHN A. ERICKSON AND THOMAS F. DORSEY IN CONNECTION WITH THE HOLLY ROAD - AYERS TO STAPLES STREET IMPROVEMENTS. The foregoing Resolution passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. 18. RESOLUTION NO. 19779 AUTHORIZING THE EXECUTION OF AN INVESTMENT DEPOSITORY AGREEMENT WITH AMERICAN NATIONAL BANK. The foregoing Resolution passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet and Rhodes voting, "Aye"; Strong abstaining; Berlanga absent. 19. RESOLUTION NO. 19780 AUTHORIZING THE EXECUTION OF AN INVESTMENT DEPOSITORY AGREEMENT WITH AMERICAN NATIONAL BANK - SOUTH. The foregoing Resolution passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, and Rhodes voting, "Aye"; Strong abstaining; Berlanga absent. tinutes Regular Council Meeting June 9, 1987 Page 6 20. RESOLUTION NO. 19781 AUTHORIZING THE EXECUTION OF AN INVESTMENT DEPOSITORY AGREEMENT WITH BANK OF CORPUS CHRISTI. The foregoing Resolution passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. 21. RESOLUTION NO. 19782 AUTHORIZING THE EXECUTION OF AN INVESTMENT DEPOSITORY AGREEMENT WITH CITIZENS STATE BANK. The foregoing Resolution passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. 22. RESOLUTION NO. 19783 AUTHORIZING THE EXECUTION OF AN INVESTMENT DEPOSITORY AGREEMENT WITH COASTAL BEND NATIONAL BANK. The foregoing Resolution passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. 23. RESOLUTION NO. 19784 AUTHORIZING THE EXECUTION OF AN INVESTMENT DEPOSITORY AGREEMENT WITH INTERNATIONAL BANK OF CORPUS CHRISTI. The foregoing Resolution passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. 24. RESOLUTION NO. 19785 AUTHORIZING THE EXECUTION OF AN INVESTMENT DEPOSITORY AGREEMENT WITH MBANK CORPUS CHRISTI. The foregoing Resolution passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. 25. RESOLUTION NO. 19787 AUTHORIZING THE EXECUTION OF AN INVESTMENT DEPOSITORY AGREEMENT WITH MBANK SOUTH. The foregoing Resolution passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. :inutes Regular Council Meeting June 9, 1987 Page 7 26. RESOLUTION NO. 19788 AUTHORIZING THE EXECUTION OF AN INVESTMENT DEPOSITORY AGREEMENT WITH SOUTHERN NATIONAL BANK. The foregoing Resolution passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. 27. RESOLUTION NO. 19789 AUTHORIZING THE EXECUTION OF AN INVESTMENT DEPOSITORY AGREEMENT WITH TEXAS COMMERCE BANK - CORPUS CHRISTI. The foregoing Resolution passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. 28. RESOLUTION NO. 19790 AUTHORIZING THE EXECUTION OF AN INVESTMENT DEPOSITORY AGREEMENT WITH WESTERN NATIONAL BANK. The foregoing Resolution passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. 29. FIRST READING AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE NATIONAL WEATHER SERVICE FOR THE RENTAL OF SPACE ON THE SECOND FLOOR OF THE TOWER BUILDING AT CORPUS CHRISTI INTERNATIONAL AIRPORT. The Foregoing Ordinance passed on its first reading by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. 30. SECOND READING AMENDING CHAPTER 9, AVIATION, SECTION 9-35.1, PARKING RATES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The Foregoing Ordinance passed on its second reading by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. 1inutes Regular Council Meeting June 9, 1987 Page 8 * * * * * * * * * * * * * * Mayor Pro Tem Slavik referred to Item No. 9 pertaining to the Coastal Meadows Subdivision - Waterline Reimbursement and inquired who the principals are in the Corpus Christi Mobile Home Park Joint Venture, and Assistant City Manager Lontos replied he did not know but would find out. On Item No. 12 pertaining to the Whitecap Boulevard Engineering Services Contract, Mayor Pro Tem Slavik inquired when the Council initially approved the hiring of the Shiner, Moseley and Associates firm, and City Manager McDowell replied he was not sure the Council approved that per se. He stated that back in October, that was the firm that Staff indicated they would be dealing with; there was not a contract until this point; we have been in negotiations and this is the first time the Council has seen the contract, but reference to the contract was included in the agreement with Lake Padre which was approved by the Council the preceding week. Mayor Pro Tem Slavik expressed concern regarding the contract and inquired why the Staff could not have done the planning, and why it was not presented to the Council as an option. City Manager McDowell replied it was not discussed internally; it was not an issue that was on the table at that particular point and time; and Staff would have done it internally, but it would have taken longer to complete. He stated that the Council expressed a desire to move several projects in the capital improvement area, and this item is one of them. He stated that the Shiner, Moseley firm had a knowledge of the wetlands and working with the Corps of Engineers, and Staff thought they would do a better job. Council Member Pruet inquired if Shiner Moseley was identified on a list of engineering firms selected for different projects that were included in the bond program. Assistant City Manager Lontos replied in the affirmative, and stated that the Staff felt they were better qualified for this particular job, and that the Council wanted to move the project forward. Regarding the same item, Mayor Pro Tem Slavik inquired if the wording of the 1986 bond election ballot simply said $750,000 for the improvement of Whitecap Boulevard and no mention of Lake Padre, and City Manager McDowell stated it was $750,000 for Whitecap Boulevard. Regarding the same item, Mayor Pro Tem Slavik referred to Staff information which the Council received, and Assistant City Manager Lontos stated that the list of projects specifically mentioned $750,000 for Whitecap improvements. He stated that on March 10 a recommendation came before the Council in which Staff presented preliminary plans on Whitecap Boulevard and preliminary plans with the developer. He stated that Staff suggested that this maximum amount of participation be used to extend Whitecap Boulevard to the beach, and that the Council authorized Staff to proceed with negotiating a contract. Council Member Rhodes inquired what the difference is on what the Council is voting on today, and City Manager McDowell replied that agreement just indicated that the City would contract with Shiner, Moseley to perform the engineering work, and this is the actual contract. inutes Regular Council Meeting June 9, 1987 Page 9 Council Member Moss stated that a number of voters were concerned that not enough of the bond projects were being contracted for; engineering did not physically have the capacity to do this work; and he has been urging Staff to subcontract more work to expedite the projects. Mayor Pro Tem Slavik referred to Item No. 15 pertaining to the improvements to the Oso and Gabe Lozano Sr. Golf Courses, and inquired how much was allocated for these projects in the 1986 bond election, and City Manager replied $1 million. Mayor Turner referred to a letter from Alabec General Contractors requesting a postponement of awarding the contract pertaining to the above item, and the Council and Assistant City Manager Lontos stated they had not seen the letter. Regarding the same item, City Manager McDowell stated that there was a bid opening and the City received only two bids. Mayor Pro Tem Slavik referred to Item No. 17 pertaining to the main depository agreement and investment depository agreements and inquired if the three year term would be more advantageous. City Manager McDowell replied the three year term will be easier; the other was a provision of the old charter; this has more flexibility and would give us a better bid. Assistant City Manager Garza stated that Staff wanted to offer the banks some stability; Staff wanted to choose a time that would be long enough to incur some savings and felt that three years was appropriate. Mr. Joe Williams, 6020 Del Oso Road, referred to Item No. 15 regarding the improvements to Oso and Gabe Lozano Sr. Golf courses, and expressed concern that a local A/E firm could have performed this work. Assistant City Manager Lontos stated that no local firm bid on this project; about six months ago a contract was entered into between the City and these firms; the architectural/engineering contract was for 8.9 percent of the construction cost, not to exceed $89,000 for all phases of work; previous funds were appropriated to cover the preliminary phase of the project; construction documents and bidding phases have been completed and the project is ready to proceed with the construction phase; and an appropriation of $53,400 to cover all the consultant's fees is necessary. Council Member Rhodes referred to Item No. 11 pertaining to the street closure - Whitecap Boulevard and inquired why it is being closed, and City Manager McDowell replied it is being closed when the other street is completed; it does not need to be there once the new street is completed; and the development will take place where the street currently exists. Assistant City Manager Lontos stated that the Staff's goal was to eliminate the bad intersection and the bridge. Minutes Regular Council Meeting June 9, 1987 Page 10 Council Member Mendez referred to Item No. 15 pertaining to the improvements to Oso and Gabe Lozano Sr. golf courses and stated that the City, in negotiated contracts, should hire local engineering firms whenever possible. He stated that whenever the City has an opportunity, that policy should be followed. Mayor Turner inquired if there is a local A/E firm who could have handled this job, and Assistant City Manager Lontos replied he would check on that. She referred to the Council's feelings about using local people. Mr. Lontos stated that at the time the contract was negotiated, Espey, Huston & Associates had a local office. Council Member Guerrero expressed concern regarding companies opening up local offices and then closing. He made a motion that all negotiated contracts be issued locally when in the best interest of the City. Assistant City Attorney Bray stated that he would hesitate to have something that concrete about negotiating with just local firms; there might be federal constitutional problems; it would be better to say, if possible, and in the benefit of the City; and a flat prohibition against hiring outside firms would be unconstitutional. Discussion followed and Council Member Guerrero expressed concern about negotiated contracts being given to contractors outside the City. He then withdrew his motion. Mayor Pro Tem Slavik referred to Item No. 11 pertaining to the street closure - Whitecap Boulevard and inquired if the City is making a trade-off in using the land in the new section and giving up the land in the old section. City Manager McDowell stated that is correct. Mrs. Slavik inquired if the amount of land is the same, and Mr. McDowell replied the amount of land is the same; the roadway is little bit different; and the City is spending a little bit more than $750,000 on this project. City Secretary Chapa polled the Council for their votes; and the following ordinances were passed: 9. ORDINANCE NO. 19771 APPROVING THE DEVELOPER'S APPLICATION FOR REIMBURSEMMENT IN THE AMOUNT OF $144,151.25 FOR THE INSTALLATION OF 4,494 LINEAR FEET OF WATER GRID MAIN IN CONJUNCTION WITH THE DEVELOPMENT OF COASTAL MEADOWS SUBDIVISION; APPROPRIATING $98,000; AUTHORIZING A PARTIAL REIMBURSEMENT OF $98,000 TO THE DEVELOPER, CORPUS CHRISTI MOBILE HOME PARK JOINT VENTURE AND UNION SAVINGS AND LOAN OF SAN ANTONIO; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. ;inutes Regular Council Meeting June 9, 1987 Page 11 12. ORDINANCE NO. 19774 AUTHORIZING THE EXECUTION OF A CONTRACT WITH SHINER, MOSELEY AND ASSOCIATES, CONSULTING ENGINEERS, FOR THE DESIGN OF WHITECAP BOULEVARD IN A NEW ALIGNMENT FROM SOUTH PADRE ISLAND DRIVE TO STATE PROPERTY; APPROPRIATING $65,500; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. 15. RESOLUTION NO. 19776 APPROPRIATING $53,400 FROM THE NO. 551 PARK BOND FUND PROVIDING FOR ARCHITECTURAL FEES FOR THE BID AND CONSTRUCTION DOCUMENTS PHASES OF THE CONTRACT WITH ESPEY, HUSTON, AND ASSOCIATES, INC. AND BECHTOL, HOFFPAUIR AND EHRLER, INC., CONSULTANTS FOR THE GABE LOZANO SR. AND OSO GOLF COURSE IMPROVEMENTS PROJECT. The foregoing Resolution passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. 17. RESOLUTION NO. 19778 AUTHORIZING THE EXECUTION OF A MAIN DEPOSITORY AGREEMENT AND AN INVESTMENT DEPOSITORY AGREEMENT WITH FIRST CITY BANK OF CORPUS CHRISTI. The foregoing Resolution passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. * * * * * * * * * * * * * Mayor Turner referred to Item No. 31 pertaining to the existing City Hall, Utilities and City Hall Annex Buildings. The following people spoke in opposition to the demolition of the existing City Hall, Utilities and City Hall Annex buildings: 1. Dorothy Kucera, 4637 Wilma, urged the Council not to tear down the buildings and requested the use of the Annex building for the Art Community Center; 2. Sue Rees, requested the use of the Annex building for the Art Community Center; 3. 4. Dick Bowers, 338 Williamson Place, Chairman of the Board of Trustees of the Museum of Oriental Cultures, requested the use of the Utilities Building for the Museum, and presented a petition to the Council with 200 signatures; 5. Peggy Ahuja, Executive Director of the Museum of Oriental Cultures, displayed a drawing of the proposed site of the Utilities Building if it were used by the Museum; 6. Cheri Halladay, Padre Island, requested the Council not to tear down linutes Regular Council Meeting June 9, 1987 Page 12 the buildings because there are too much empty spaces; 7. Maryann Tanner, 442 Dolphin, requested the Annex building for the Art Community Center; 8. Christian Y. Bundell, representing the Disabled American Veterans and Veterans of Foreign Wars, requested that this item be tabled and requested the Annex building for the veterans; 9. Shelly Henderson, 3838 Grosswood, requested the Annex building for the Art Community Center because they are in a bad location and are losing membership; 10. Darby Harris Cashmar, 121 Grandview Place, Portland, requested the Annex building for the Art Community Center; 11. Mrs. C. Bluntzer, 230 Circle Drive, requested the Council to save the Art Community Center from its present location and grant them the Annex building; 12. Janet Rice, 118 Southern, Nueces County Historical Commission, requested that the City Hall building be reviewed and that the item be tabled; 13. Mary Helen Dunham, 200 Chenoweth, requested the Annex building and the Utilities building be used for the Art Community Center and Museum of Oriental Cultures because they would be perfect for tourists; 14. Wesley Walberg, 338 Montclair, requested the Annex building for the Art Community Center; 15. Roy Byron requested that the buildings be used for a dinner theatre and an area for sports; 16. Dorothy Ramella, 4606 Wilma, requested that the buildings not be torn down and used for the Art Community Center and Museum of Oriental Cultures; 17. Fairy Belle Hoppenrath, 338 Clifford, requested the Annex Building for the Art Community Center; 18. Gloria Wolf, member of the Art Community Center, requested the Annex Building for the Center; 19. Hsiao-Hsia Tai, requested the Annex and Utilities Buildings for the Art Community Center and the Museum of Oriental Cultures; 20. Donald Greene, 5833 Ocean Drive, stated he was involved in the CC'90 Project. He urged the Council to save the Annex building for the Art Community Center and work out an agreement with them. Council Member Rhodes requested that Mr. Greene address the issue of the long term traffic plan. Mr. Greene stated that in general the CC'90 plan included closing the east lane of Shoreline and shifting that traffic over to Water Street. He stated that the popular plan right now is to close the east lane of Shoreline and move that traffic in conjunction with the west lane of Shoreline which would take up quite a bit of the median area; he did not like the plans so far that have been developed for the six lanes of Shoreline; it is not solving the problem; the traffic is just being shifted over to the west side; there are other options; and recommended that a consultant be retained to work out the traffic plans. Additional people opposing the demolition were: 21. Joan Durr, member of the Art Community Center, who requested that an appraisal of the Annex building be performed; 22. Jim Thompson, Executive Director of the Corpus Christi Arts Council, pointed out the requests of the Art Community Center and the Museum of Oriental Cultures, and stated that it is time to make an information based decision instead of a politically based decision; 23. Guadalupe Valdez, 3510 Linwood, urged the Council to delay their decision so that other people can make requests for the buildings; 24. Dr. Howard Tirshwell prepared a drawing on the blackboard and suggested that City Hall be torn down and the other two buildings left with Sherill Park being extended; 25. Pam Wallers, 5306 Crossridge, requested that the buildings not be demolished but used for the two art centers because they are a prominent place for tourists. 9inutes Regular Council Meeting June 9, 1987 Page 13 The following people spoke in favor of the demolition of the City buildings: 1. 0. K. Smith, involved in the downtown revitalization, suggested moving the Museum of Oriental Cultures and the Art Community Center downtown. He stated that the shoreline is not a people friendly environment and requested that the museum and art center not be put in an Isolated spot; 2. Joe Williams, 6020 Del Oso, stated that the buildings are poorly planned and designed and stated that this is an opportunity to clean up the area on Shoreline; 3. Joanne McNeil, 845 Egyptian, stated that if the buildings are retained, we will have another County Courthouse; 4. Pauline Clark stated she is for the arts, and they should be moved downtown; the community does not want the buildings on Shoreline; and referred to the fact that the Annex was supposed to be a temporary building; 5. Claude De Younger, 201 Del Mar, stated that the buildings are a blight on Shoreline, and the Council has an opportunity to honor the wishes of people who do not want the buildings there; 6. Irving Dietz, 455 Miramar, stated that the building should be demolished because maintenance is too expensive; 7. Jack Davis, 3523 Timon Boulevard, stated that the buildings are not feasible for the arts and should be moved closer to the Convention Center; 8. Richard Gonzalez stated that if the Art Community Center were given the building, it could create continued separation within the Hispanic Art movement. He stated that the buildings are ugly and should be demolished. Mr. Charles Blum, Chairman of the Park and Recreation Board, inquired of the Council if they would like to have a Staff presentation on the newest bayfront plan. Council Member Guerrero pointed out that the item on the agenda today is an action by motion to authorize the preparation of demolition plans for the buildings and suggested that it be approved today, pointing out that the Council will have the opportunity to approve any further actions. A motion was made by Council Member Guerrero that Item No. 31 be approved, seconded by Council Member Strong. Council Member Rhodes agreed that if this motion passes today, it does not negate future action by the Council, but in her opinion, whatever is decided today will determine future actions and she plans to vote against the motion. Council Member Mendez expressed the opinion that it is appropriate for the Council to make a decision and stated also that he is a strong supporter of the plan to keep the Annex building for the Arts Center. He suggested that the Council examine plans that have been presented to previous Councils in regard to plans for the entire bayfront as well as the most recent plan mentioned by Mr. Blum before they make a decision. He stated that he believed the Utilities building and the City Hall should be demolished. linutes Regular Council Meeting June 9, 1987 Page 14 Council Member Strong reminded the Council that there are a number of long range plans for use of the bayfront that have never been approved by this Council; CC'90 had a plan on which a decision was avoided; the Bayfront Activities Committee were commissioned to study the matter; all plans in the past were prefaced by the fact that there were buildings in the median. She pointed out that the Council has an opportunity to consider the entire bayfront at this time, and if they allow non-profit organizations to spend thousands of dollars renovating old buildings, it would be almost impossible to remove them to accommodate a future bayfront plan. Council Member Pruet agreed and asked the Staff to present the newest bayfront plan. Council Member Slavik reminded the Council that the Park and Recreation Board requested the Council to make a decision within thirty days; she agreed that the Council should listen to the presentation by the Staff; and suggested that a decision be delayed for no longer than thirty days. Mayor Turner stated that she very strongly supported both the Art Community Center and the Museum of Oriental Cultures. She promised to support them in their fundraising activities, but reminded the audience that at least one building under consideration was placed on Shoreline as a temporary building; they are considering buildings that are located on the most precious land in the state; the buildings have no historical value at all; and the vote today is not denying the Art Community Center and the Museum of Oriental Cultures the possibility of a new location for their facilities. Mayor Turner continued by stating that a motion was made by her in 1983, after talking with a large number of people in the community, to move City Hall up on the hill and to raze the three existing buildings, and that motion was approved by all but one member of the City Council. Council Member Guerrero expressed the opinion that when the Council is delaying for thirty more days, they are just procrastinating. He urged approval of the motion. Mayor Turner called for the vote on the motion and it failed to pass by the following tie vote: Turner, Guerrero, Moss and Strong voting, "Aye"; Mendez, Pruet, Rhodes and Slavik voting, "No"; Berlanga absent. A motion was made by Council Member Mendez that a decision be made within thirty days in order to provide the Council an opportunity to review all of the bayfront plans. The motion was seconded by Council Member Slavik and passed by the following vote: Turner, Slavik, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Guerrero voting "No"; Berlanga absent. Malcolm Matthews, Park and Recreation Board, made a presentation on the plan for the bayfront approved by the Bayfront Activities Committee. He pointed out that it has the best traffic pattern on Ocean Drive and creates a safe park in conjunction with McGee Beach and would be a permanent festival area. Minutes Regular Council Meeting June 9, 1987 Page 15 Council Member Strong inquired about the preliminary cost estimates of the plan, and Mr. Matthews stated that in 1985 when the original report was presented to the Council, it included about $1 - $1} million for the road work, approximately $3 - $4 million for the park itself, and included demolition. Mr. Charles Blum, Chairman of the Park and Recreation Board, referred to the courtyard by the coliseum and stated there would be underground wiring for all the festival activities. Discussion followed and Mr. Matthews answered questions regarding the S curves and traffic flow. Mr. Matthews then presented to the Council a second plan which includes the continuation of Ocean Drive with six lanes all the way back to I1137 and which would retain most of the Annex building. He pointed out that all of the plans directly involve the RTA. Donald Greene stated that this plan is almost like the CC'90 plan and suggested to the Council that the plan be discussed during a workshop meeting. * * * * * * * * * * * * * Mayor Turner referred to Item No. 32 pertaining to amending Ordinance 1119479 and appointing a new member from the City Council to the Reinvestment Zone No. 1 Board of Directors. A motion was made by Council Member Strong to nominate Council Member Pruet to fill the vacancy left by Dr. Jack Best. The motion was seconded by Council Member Guerrero. Mayor Pro Tem Slavik nominated Council Member Rhodes and Mrs. Rhodes declined the nomination because of prior commitments. A motion was made by Council Member Strong to elect by acclamation Council Member Pruet to the Reinvestment Zone No. 1 Board of Directors. The motion was seconded by Council Member Guerrero and passed unanimously. City Secretary Chapa polled the Council for their votes; and the following ordinance was passed. 32. ORDINANCE NO. 19791 AMENDING ORDINANCE NO. 17418 PASSED AND APPROVED BY THE CITY COUNCIL ON THE 29TH DAY OF DECEMBER 1982 AS AMENDED BY ORDINANCE NO. 19749 PASSED AND APPROVED ON 16TH DAY OF SEPTEMBER 1986, SO AS TO CHANGE THE COMPOSITION OF THE BOARD OF DIRECTORS OF THE REINVESTMENT ZONE NO. 1 TO INCLUDE THE FOLLOWING: THREE MEMBERS OF THE CITY COUNCIL CONSISTING OF THE MAYOR, THE COUNCIL MEMBER FROM THE DISTRICT IN WHICH THE REINVESTMENT ZONE LIES (DISTRICT 2), AND ONE OTHER COUNCIL MEMBER CHOSEN BY THE CITY COUNCIL; AND ONE MEMBER FROM EACH OF THE FOLLOWING ENTITIES: NUECES COUNTY COMMISSIONER'S COURT, CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, AND CORPUS CHRISTI JUNIOR COLLEGE DISTRICT (DEL MAR) FOR A TOTAL OF SIX MEMBERS: PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Berlanga absent. .inutes Regular Council Meeting June 9, 1987 Page 16 Mayor Turner called for consideration of Item No. 32 pertaining to authorizing that local sales tax be collected on telecommunications services within the City of Corpus Christi. In answer to a question from Council Member Mendez, Assistant City Manager Garza stated that he had checked with other cities in the state and Southwestern Bell, and it would be probably between 40% and a little over 50% of what the City presently receives from the franchise fee that is collected from Southwestern Bell, somewhere between $200,000 and $250,000; and this would be a tax collected by the various telecommunication companies who would remit to the state comptroller for distribution to the City. Mayor Pro Tem Slavik inquired what enhancement and auxiliary services were, and Mr. Garza replied that he would look up the answer, but in general it is intended to affect the companies that were excluded by virtue of a divesture. City Manager McDowell stated it would affect the deregulated portions of the telephone service or any telecommunications service. Mayor Pro Tem Slavik inquired if the average residential customer would be affected by this increase and how much an average bill was. Mr. McDowell replied in the affirmative to the first part of the question, and regarding the second question, he stated it depends on their telephone usage. In answer to a question from Council Member Strong, Mr. Garza stated that a local exchange would not be taxed, and there would be a tax on long distance calls. He noted that he would get a list to the Council of the exemptions. Mr. Ron Maples, District Manager of Southwestern Bell, stated that long distance services would be billed; those are intra—state long distance services; you have no jurisdiction to bill interstate long distance services; that is not involved; mobile phone services, pager services are taxed under this statute; the statute was passed in 1985 for the purpose of taking those competitive services in the industry and telecommunication into the future and to move it over to the sales tax and eliminate the franchise tax on those types of services. He stated that the state taxed everyone in the business equally for those services; it includes mobile telephone services; it does not change PBX services; that was already taxed. In answer to a question from Council Member Strong, Mr. Maples stated that a franchise tax is a state tax; they pay a fee on their services on a contractual basis. They have had a contract with Corpus Christi since 1935; on basic local Corpus Christi revenues they pay the City 2%; that does not include long distance services; it is not technically a tax; and it is an agreement between two parties. He stated that Southwestern Bell did not object to this ordinance and the sales tax application because they think it is fair if their competitors are also taxed. He stated he would like the opportunity to come back to the City and look at the agreement they have had since 1935, update linutes Regular Council Meeting June 9, 1987 Page 17 it and consider taking the gross receipts payment off of the competitive services. He stated that it was in the City's best interest Southwestern Bell remain competitive because it does contribute to the basic service rates. More discussion followed and City Manager McDowell stated that these are two different issues. One is the agreement with the phone company and the other is the imposing of a sales tax as a result of the deregulation that occurred in the telecommunications industry. He stated that they ought to be looked at as two separate items. In answer to a question from Mayor Pro Tem Slavik pertaining to an average bill, Mr. Maples indicated that the charge would vary. Mayor Pro Tem Slavik, Council Members Strong and Guerrero expressed their concern over a utility tax, but stated that they would vote yes on this item. City Secretary Chapa polled the Council for their votes; and the following ordinance was passed: 33. ORDINANCE NO. 19792 RELATING TO TAXATION OF TELECOMMUNICATIONS SERVICES; REPEALING THE APPLICATION OF THE EXEMPTION PROVIDED FOR IN SECTION 4B(a) OF ARTICLE 1066C V.A.T.C.S.; PROVIDING FOR NOTIFICATION TO THE COMPTROLLER OF THE STATE OF TEXAS; PROVIDING THAT NO SUCH TAX PROVIDED FOR HEREUNDER SHALL SERVE AS AN OFFSET TO OR TO REDUCE ANY AMOUNT PAYABLE BY ANY PROVIDER OF TELECOMMUNICATIONS SERVICE PURSUANT TO ANY FRANCHISE, STREET USE ORDINANCE, CHARTER PROVISION, STATUTE OR ANY OTHER IMPOSITION OF THE CITY OF CORPUS CHRISTI; MAKING THIS ORDINANCE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet and Strong voting, "Aye"; Rhodes absent at the time the vote was taken; Berlanga absent. Council Member Rhodes departed the meeting at 5:00 p.m. * * * * * * * * * * * * * * Mayor Turner called for consideration of Items No. 34 and 35 and the following ordinances were passed on first reading: 34. First Reading AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH PAISANO GIRL SCOUT COUNCIL, INC. FOR THE LEASE OF CERTAIN LAND ADJACENT TO THE CITY'S RESERVOIR LOCATED ON THE NUECES RIVER. linutes Regular Council Meeting June 9, 1987 Page 18 The foregoing Ordinance passed on its first reading by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet and Strong voting, "Aye"; Rhodes and Berlanga absent. 35. First Reading UPDATING THE FLOOD HAZARD PREVENTION CODE BY ADOPTING CERTAIN AMENDMENTS THERETO; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its first reading by the following vote: Turner, Slavik, Guerrero, Mendez, Moss, Pruet and Strong voting, "Aye"; Rhodes and Berlanga absent. * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 36 which is the first reading of an ordinance prohibiting alcoholic beverages on most portions of the Peoples Street T -Head. A motion was made by Council Member Mendez that this item be removed from the table, seconded by Council Member Moss and passed by the following vote: Turner, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Slavik voting "No"; Berlanga absent. City Secretary Chapa informed the Council that this item was tabled on June 2, 1987 for a time uncertain; if the Council does not remove it from the table, it is automatically a dead issue. Council Member Mendez then withdrew his motion and Council Member Moss withdrew his second. A motion was made by Council Member Guerrero that Item 36 be removed from the table. His motion died for lack of a second. * * * * * * * * * * * * Mayor Turner announced the public hearing on the following item. 37. Hearing on annexation of a 133.43 acre tract of land out of Lots 18-21, 27-31, Section 21 and out of Lots 5-7, Section 22, Flour Bluff and Encinal Farm and Garden Tracts, which is the present location of Bill Witt Park located on Yorktown Blvd., east of Cimmaron Blvd. Mr. Larry Wenger, Director of Planning, informed the Council that the City had initiated this request to annex Bill Witt Park stating that it is a public park and should be in the City limits, noting that it consists of 133 acres. He displayed a transparency of the area. Mr. Wenger continued by stating that it is not a dedicated park; it was purchased from the Navy; the City could not finutes Regular Council Meeting June 9, 1987 Page 19 annex it until it was contiguous to the City limits which is a requirement for annexation. He stated that the land was purchased from the Navy with the understanding that it would be used for public purposes and that stipulation must be followed. No one spoke in regard to this annexation. A motion was made by Council Member Guerrero that the hearing be closed; seconded by Council Member Mendez and passed unanimously. Mr. Wenger informed the Council that the ordinance effecting the annexation will not be before them until June 30 which is in compliance with state law. * * * * * * * * * * * * * Mayor Turner opened the assessment public hearing on the Lamar east area street improvements including assessments of $145,808.50 on 156 items. City Attorney George conducted the formal portion of the hearing. He called as his first witness, Mr. Victor Medina, Director of Engineering Services. Through questioning of the witness, Mr. George determined that Mr. Medina is a Registered Engineer in the state of Texas; he is a City Engineer for the City of Corpus Christi; he has a degree in Civil Engineering; and he is familiar with the project. Mr. Medina displayed slides of the vicinity and explained the project to the Council. He stated that the following streets would be involved: 18th Street, from Morgan to Coleman Avenue and from Coleman Avenue to the Dead End, Craig Street, Hancock and Coleman Avenues, from 19th to 17th Street, 17th Street, from Mary to Marguerite Street, 18th Street (pavement only), from Mary to Agnes Street, and Marguerite Street (pavement only), from 18th to 17th Street. He stated that the total cost would be approximately $592,979.43; the preliminary assessment roll is $145,808.50; about 25% of the costs will be assessments; the contractor is Oceanside Ashpalt; and it will take 160 days to complete the project once the contract is awarded. He continued by stating it is a CDBG funded project and grants will be available for payments for assessments to people who meet a certain criteria. He described the basic conditions of the street and stated they are county road sections, 22' wide with ditches on both sides, and the City plans to put in 6" curb and gutters. In answer to a question from Council Member Pruet as to why on some streets there is only paving and no curbs and gutters, Mr. Medina replied that the City does not have the right-of-way. He also stated that the project will include drainage improvements. City Attorney George called as his next witness, Mr. George Paraskevas. Through questioning of the witness, Mr. George determined that Mr. Paraskevas is a certified appraiser licensed in the State of Texas; he is a Minutes Regular Council Meeting June 9, 1987 Page 20 certified real estate broker; he has been practicing real estate and appraising property for about 15 years, both residential and commercial; he is familiar with the project; he has examined each parcel; he has examined the assessment roll and is familiar with the amounts. He stated that it is his opinion that the improvements would enhance the value of the properties involved at least in the amount of the assessments. There were no comments from the audience. A motion was made by Council Member Guerrero that the public hearing be closed; seconded by Council Member Mendez and passed unanimously. City Secretary Chapa polled the Council for their vote; and the following ordinance was passed: 38a. ORDINANCE NO. 19793 CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Lamar -East Area 1. 18th Street, from Morgan Avenue to Coleman Avenue and from Coleman Avenue to Dead -End, 2. Craig Street, Hancock and Coleman Avenues, from 19th Street to 17th Street, 3. 17th Street, from Mary Street to Marguerite Street, 4. 18th Street (pavement only), from Mary Street to Agnes Street, and 5. Marguerite Street (pavement only), from 18th Street to the Crosstown Freeway; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Guerrero, Mendez, Moss, Pruet and Strong voting, "Aye"; Slavik absent at the time the vote was taken; Berlanga and Rhodes absent. 38b. ORDINANCE NO. 19794 AUTHORIZING THE EXECUTION OF A CONTRACT WITH OCEANSIDE ASPHALT, INC. FOR CURB AND GUTTER, SIDEWALK, DRIVEWAY, WATERLINE AND PAVEMENT IMPROVEMENTS TO THE LAMAR AREA EAST STREETS; APPROPRIATING $150,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Guerrero, Mendez, Moss, Pruet and Strong voting, "Aye"; Slavik absent at the time the vote was taken; Berlanga and Rhodes absent. * * * * * * * * * * * * * * * City Manager McDowell responded to a question that was asked earlier in the meeting and clarified that there is no money in the bond program for Bill Witt Park. He stated that there was a request, but it was eliminated. linutes . Regular Council Meeting June 9, 1987 Page 21 Mr. McDowell informed the Council that the City will start the new police beat in Calallen on Monday, June 22. He also noted that on Wednesday, June 17, there will be a ribbon—cutting ceremony at the Flour Bluff Information Center at 11:00 a.m. He also informed the Council that Dr. Tirschwell requested that they appoint someone as the Chairperson of the 80th Anniversary Sister City Committee. A motion was made by Council Member Guerrero to appoint Dr. Tirschwell as the Chairperson of the committee; seconded by Mayor Pro Tem Slavik and passed unanimously. Discussion followed concerning the Council Members who might be attending the festival in Japan regarding payment of the air fare, and it was the consensus of the Council that this would be discussed at next week's meeting. Council Member Mendez requested a report on the telephone exchange in the Wood River area pertaining to long distance calls to some portions of the City such as Padre Island. He stated that the citizens in the area are concerned because they are not afforded the same opportunity as others. Mr. Ron Maples, District Manager of Southwestern Bell, stated that Southwestern Bell is not in the Woodriver area; that area is handled by GTE; and they are not in the 911 calling scope until GTE puts in an electronic system. Council Member Mendez inquired about the possibility of having Southwestern Bell serve that area, and Mr. Maples replied that it is possible, but very difficult; and it would have to be an agreement between Southwestern Bill and GTE with the consensus of the Public Utilities Commission. Mayor Turner noted that when we move to the new City Hall there will be an office to handle complaints, and inquired if Mr. Maples could reserve an appropriate telephone number, and Mr. Maples said it could be done if the numbers were available. * * * * * * * * * * * * * Mayor Turner called for petitions or information from the audience on matters not scheduled on the agenda. David Diaz presented to the Council material pertaining to the Texas Commission on the Bicentennial of the United States Constitution. He stated that this commission was established by an Act of Congress to serve until December 31, 1991; appointed by the President, June 25, 1985; Warren E. Burger, Chief Justice is the Chairman; statutory purpose is to promote and coordinate activities to commemorate the Bicentennial of the U.S. Constitution; major goal is to stimulate activity by thousands of communities and organizations nationwide to heighten awareness and deepen understanding of our Constitution and provide a history and civics lesson for all of us. He stated that he is the 9inutes Regular Council Meeting June 9, 1987 Page 22 seed person for nine different counties and requested that a Chairman be appointed by the Mayor to coordinate the Bicentennial of the U.S. Constitution celebration and represent Corpus Christi. Cherie Byerly, 11905 Blueridge Mountain, presented material to the Council and addressed the issue of an additional quadricycles on the bayfront. She requested approval to install an additional bicycle surrey concession. She stated that surreys afford the tourists and citizens a healthful, clean and safe way to enjoy the bayfront; She and her husband have the experience, and it is time that Corpus Christi had another surrey business. She stated that they will operate 24 surreys at two sites. She continued by stating that the Marina Board voted unanimously to recommend them to the City Council and the Park and Recreation Board voted against their proposal. Council Member Guerrero made a motion to put Mrs. Byerly's proposal for an additional bicycle surrey concession on the agenda in two weeks for consideration of approval. The motion was seconded by Council Member Mendez and passed unanimously. Attorney Bob Wallace spoke in opposition of Mrs. Byerly's proposal. He referred to Dan Polinard who is the owner of the present bicycle surrey business and stated that it is full-time business; it would cut the business in half if there were two surrey concessions, and that they both would go broke. He continued by stating Mr. Polinard has never rented all his surreys, and that there is not business for two concessionaires. Wayne Warden, Route 1, Robstown, spoke in favor of Mrs. Byerly's proposal and stated that the City of Corpus Christi has been spending a lot of money getting tourists in the area, and we should provide services to take care of those people. He stated he did not believe both of them would go broke, and that he believes in competition. Mayor Pro Tem Slavik inquired about the term of Mr. Pollinard's contract, and Mr. Wallace stated it is a five-year contract and there are two additional years left. Bill Burton, 1050 Lockwood, spoke in favor of Mrs. Byerly's proposal and referred to free enterprise and the fairness of business practices. He stated it would be easier for tourists if there were additional surreys; there should be competition; there is room for more; and there should be an opportunity for anyone to try it. Charles Blum, Chairman of the Park and Recreation Board, stated that Mr. Polinard operates 30 surreys at two locations, and on a peak day he has rented only 22. He stated that it was the consensus of the Park Board that if there were competition, it would drive both of them out of business. Daniel Polinard, owner of the existing surrey business, presented the gross rental revenues over the past several Council with statements of his .inutes Regular Council Meeting June 9, 1987 Page 23 years. He stated the business is his sole livelihood; he is not making a lot of money; there presently is a lot of other competition on the bayfront; he does not utilize his 30 units; he does believe in competition, but if another bicycle surrey is allowed to open, both concessions will have difficulty making a living Jess White, 3813 Wyatt Street, and Pastor of Glad Tidings Assembly of God, spoke on behalf of Mr. & Mrs. Byerly. He stated that they would be an honest asset to the business community of the City of Corpus Christi and an asset to the bayfront. Bruce Featherstone, Vice President of Operations of J0 -MAC Surreys, spoke in opposition to Mrs. Byerly's proposal and stated that the business is his sole income; his surreys are not being utilized 100 percent; and he would not recommend another business. Tim McGee, 719 Lantana, spoke in favor of Mrs. Byerly's proposal and stated that one of the reasons the present surreys are not being utilized fully is because of the prices, and with competition, the prices would be lowered. There being no further business to come before the Council, a motion was made by Council Member Pruet, seconded by Council Member Mendez, and passed unanimously that the meeting be adjourned at 6:17 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 9, 1987, which were approved by the City Council on June 16 1987. WITNESSETH MY HAND AND SEAL, this the #.2,g-- day of �'^"- /,K7 tty Tu MAYOR Armando Chapa, City Secretary City of Corpus Christi, Texas