HomeMy WebLinkAboutMinutes City Council - 06/16/1987MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
JUNE 16, 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
Mayor Betty Turner called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Mr. Lewis Lovelace, following which the Pledge
of Allegiance to the Flag of the United States was led by Council Member
Berlanga.
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 Rhodes requested that on Page 18 of the Minutes of the
Regular Council Meeting of June 9, 1987 that a change in the vote regarding a
motion be changed to reflect her being absent. A motion was made by Council
Member Berlanga that the Minutes of the Workshop Meeting and Regular Council
Meeting of June 9, 1987, with the change in the vote, be approved as presented;
seconded by Mayor Pro Tem Slavik and passed unanimously.
A presentation was made by Gail Lewis, Chairman of Corpus Christi National
Night Out who requested the Council's support of this project. She presented
buttons to the Council, and announced that Proclamation Day and Awards Day for
Corpus Christi Night Out will be on Tuesday, August 11, 1987.
Chief of Police Kenneth Olson presented a Certificate of Commendation to
Adam Banda for heroism in connection with a residential fire on April 10, 1987.
Adam expressed his appreciation to the Council, and stated that he is very proud
of the award.
MICROFILMED
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Mayor Turner also commended Barbara King who called the Council's attention
to the above event.
* * * * * * * * * * * * *
Mayor Turner referred to
following appointments were made
Municipal Arts Commission
Al McCall
Lynn Smith
Sister City Committee
Drue Combs
Bob Bennett
Richard Gonzales
Lois Wilder
M. Loraine Roberson
the Board and Committee
by the Council:
Building Code Board of Appeals
Bill McCord
Philip Skrobarzyk
CC Housing Improvement Corp/
Loan Review Cmte.
Patricio Alba
Mike Maldonado
Louis Garza ,
Museum Advisory Board
Ronald W. Bradley
Mayor Luther Jones
Appointments. The
Senior Community Services Advisory Brd.
Christell Bray
Aileen Creighton
Regional Transit Authority
Bill O'Boyle
Building Standards Board
Pastor Bob James
Housing Authority
Eduardo Hinijosa
* * * * * * * * * * * * *
Mayor Turner called for a reconfirmation of the appointment made during the
Workshop Meeting of Robert J. Gonzalez as Municipal Court Judge. A motion was
made by Council Member Guerrero reconfirming the appointment; seconded by
Council Member Strong and passed unanimously.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions, Items 1 through
9.
1. M87-0220
Approving plans and specifications and authorizing the receipt of bids on
July 14, 1987, for the San Carlos Sanitary Sewer Extension project.
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Regular Council Meeting
June 16, 1987
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2. M87-0221
Approving plans and specifications and authorizing receipt of bids on July
14, 1987, for the reconstruction of the following streets in the Gardendale
area:
Bonner Drive, from South Staples Street to Everhart Road.
Burton Lane, Betty Jean Drive and Nelson Lane, from Williams Drive to
Holly Road.
3. M87-0222
Approving specifications and authorizing receipt of bids on July 14, 1987,
for the installation of traffic signal control equipment at the
intersection of Ocean Drive and Alameda Street.
4. M87-0223
Authorizing the City Manager or his designee to enter into an agreement
with the State Department of Highways and Public Transportation for the
maintenance by the City of the U.S. 181 Harbor Bridge decorative lighting
system.
5. M87-0224
Rejecting the high bid of $21 per square foot from Richard A. Gray, Trustee
for the purchase of 613 S. Shoreline and authorizing staff to readvertise
the sale of the property.
6. M87-0225
Annulling the contract award to Sunbelt Demolishing Corporation for the La
Retama Library Demolition project which was authorized by Motion M87-0042
on February 3, 1987; and awarding a contract in the amount of $73,320 to
the second low bidder, Southwestern Environmental, Inc.
7. M87-0226
Scheduling a public hearing on June 30, 1987, on a request to close and
abandon six street stubouts along Oso Parkway between South Staples Street
and Everhart Road.
8. M87-0227
Scheduling a public hearing on July 7, 1987, at 10:00 a.m. for the adoption
of the Corpus Christi Policy Statements: An Element of the Comprehensive
Plan.
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Regular Council Meeting
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9. M87-0228
Scheduling a public hearing on July 21, 1987, at 7:00 p.m. on proposed
1987-88 City Budget.
Council Member Mendez referred to Item No. 1 pertaining to the San Carlos
sanitary sewer extension, and stated that the lots that are not platted will
need to meet all the requirements of the law. He inquired how many of the lots
are not platted, and Victor Medina, Engineering Services Director, stated that
there is a certain area which is not platted, but he was not sure of exactly how
many lots. Mr. Mendez stated he would like the Staff to arrange a meeting with
the residents in the area and explain the platting requirements to them because
they are not aware of them. He stated that he would be willing to attend the
meeting.
Council Member Moss referred to Item No. 2 pertaining to the Gardendale
Street improvements, phase I project, and inquired that if bids were accepted on
July 14, when a contract could be awarded. He inquired if things could be
speeded up.
Victor Medina, Engineering Services Director, explained that a contract on
San Carlos could be awarded in one week, but the contract on the Gardendale
Street improvements could not be awarded for approximately four weeks because of
the state requirement for a 21 -day publication on street assessments.
Regarding the same item, Council Member Rhodes referred to the public
meeting at the Blanche Moore Elementary School to explain the project to the
property owners in the area. She stated that approximately 70 people attended
this meeting in response to 568 letters mailed; of those attending, 21 property
owners favored the project and 13 were against (62% in favor, 38% against). She
inquired if the 498 people who did not come to the meeting were polled, and how
the procedure is handled.
Mr. Medina stated that several property owners in Gardendale do not live
there; it is rental property; there is a presumption that if there is a public
meeting and people that show up at the public meeting give their input, either
pro or con, and beyond that there is not a follow-up of residents in the area
who do not attend the meeting.
Council Member Strong inquired if written responses from people who cannot
attend the hearing are considered, and Mr. Medina assured her that they are.
Council Member Rhodes expressed her concern about how the situation is
handled, and inquired about the wording of the letter that was sent to the
property owners.
City Manager McDowell stated that the Staff receives a voluntary petition
from the neighborhood indicating they want the improvements, and a public
hearing in the neighborhood is called to discuss it.
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Council Member Mendez suggested that the letter should include that if they
desire to communicate with the Staff by mail, this would be acceptable. Mr.
Medina pointed out that is stated in the letter, but that it is not a proxy.
Council Member Rhodes expressed a desire to see the procedure changed, and
Mayor Turner requested a copy of the letter that is sent out for review by the
Council to suggest revisions.
Regarding the same item, Council Member Moss stated that when bids are
received on July 14, a public hearing is set for the assessments, and inquired
if the date for the public hearing could be set today. He stated that he is
trying to get the bond money working quicker and is trying to make things happen
concurrently instead of in sequence.
Mr. Medina replied there is a four-week waiting period after bids are
accepted on a project because of state law.
City Attorney George replied it was his understanding that Engineering is
working to speed the process up, and that notice has to be given to people
stating their property is going to be assessed.
Council Member Moss inquired if the notices must include the amount of the
assessments, and City Manager McDowell replied you have to tell them at the time
you give them notice of how much the assessments will be so they have the
opportunity to protest.
Council Member Strong concurred with Council Member Moss about trying to
speed the process up. She pointed out that if a notice of a public hearing is
sent out, and the amount of assessments are not stated, instead of having 5 or 6
people protesting, you may have about 300.
Council Member Moss stated he is trying to satisfy the legal requirements
for setting the hearing because they have to come down and find out what their
assessment is, and that amount could be determined the day after bids are opened
before the hearing.
City Manager McDowell stated that Staff will look into the matter to see if
there is any way the process can be shortened and meet the legal requirements,
and will report back to the Council next week.
Council Member Moss referred to Item No. 3 pertaining to the traffic
signalization at Ocean Drive and the Alameda Street intersection, and expressed
his concern about the time element involved. He stated that bids are taken on
July 14, and it will not be until March until the project is completed. He
stated that this is a three to four week project.
Victor Medina, Engineering Services Director, stated the time element has
tb do with the ordering of the equipment. He pointed out that once we get a bid
from a contractor, there is specific equipment he has to order.
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Tom Stewart, Director of Transportation, stated it is fabrication time
which is critical.
Council Member Guerrero suggested that Mr. Moss be provided with a copy of
the specifications so that he could check out the time element on manufacturing
one locally.
Council Member Rhodes referred to Item No. 4 pertaining to the maintenance
agreement for the U.S. 181 Harbor Bridge decorative lighting system, and
inquired about the estimated cost. Council Member Mendez replied that the
energy cost is about $13,000, and City Manager McDowell stated that this
agreement is for the maintenance, exclusive of the energy.
In answer to a question from Mayor Pro Tem Slavik, City Manager McDowell
stated this agreement is for the physical maintenance of the lights, not the
payment for the electric bill; they have predeposited the check for the first
year's electric bill; the state maintains the bridge; and we maintain the
lights. Mrs. Slavik also inquired what the cost is to the City, and Mr.
McDowell stated he would provide her with the figure, and Mr. Medina,
Engineering Services Director, stated he thought it would be about $1500 per
month.
Council Member Strong inquired what other kind of maintenance is going to
be necessary on the project, and Mr. McDowell replied replacing the bulbs that
burn out and the normal maintenance from deterioration that would occur from the
salt. Assistant City Manager Hennings pointed out that the only thing that had
been done so far was replacing one light bulb which had burned out.
In answer to a question from Council Member Rhodes, Mr. McDowell stated
that the City is committed to maintain the bridge lighting system for whatever
it takes; it was in the original agreement with the state that the City would
provide maintenance; the state has asked for a separate contract on that and a
clarification and a separation so that they are absolved from having to do any
maintenance on the lights.
Council Member Strong stated that it was her understanding that as long as
the construction project is under way, the state is responsible for any damage
or replacement that takes place during that period of time, since this contract
was tied into the Harbor Bridge resurfacing project, and since it was all one
project, and until that project is completed, then the Highway Department is
covering the lighting and inquired if that was correct. Mr. McDowell replied in
the affirmative if it is damaged due to construction. Mr. Medina replied that
the contractor, if he damages the lights under construction, is responsible for
them; and if the lights burn out, he is not responsible; he stated that the City
asked for the lights to be turned on before construction on the bridge was
finished.
Council Member Strong referred to the fact that it was a very complicated
contract, and Mr. Medina replied that the City is still responsible for the
maintenance but that the Staff would check into the contract.
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Regular Council Meeting
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Council Member Moss referred to Item No. 5 pertaining to the bids for the
old Tourist Bureau Building, and stated he is not objecting to readvertising,
but thought that the explanation was inadequate and ambiguous.
Mayor Turner asked the Staff to elaborate on why the second bid was not
acceptable.
City Manager McDowell stated that we received two bids; one was for
approximately $100,000 and a piece of property in a swap; the second bid was for
a large amount, but the form in which it was submitted, and the good faith
deposit was not appropriately tendered; therefore, the City Attorney recommended
that the bids be rejected and it be rebid.
Council Member Pruet inquired if the incorrect form was from a new bidder,
and Mr. McDowell replied it was from someone that has done business with the
City in the past, and it was a form that was inappropriate for the type of
transaction that was contemplated.
Council Member Guerrero inquired who the bidders were and what was
inappropriate, and Mr. McDowell replied that the first bid was from Beecroft who
offered approximately $100,000 and/or trade for the property on the Agnes/Laredo
corridor which is being purchased for the Center of Hispanic Arts with CDBG
funds, and the second was from W. L. Bates representing the client in which the
form and deposit check were not acceptable.
City Attorney George stated that the specific question that was asked of
the City in that particular bid was whether they could negotiate with the high
bidder; it is his opinion that you cannot negotiate a bid; the statute requires
receipt of bids in order to sell real estate; it does not allow negotiations on
that bid. Mr. McDowell stated that the City cannot modify the terms of the bid.
Mayor Pro Tem Slavik referred to Item No. 6 pertaining to the demolition of
the La Retama Library and inquired about the time frame, and Victor Medina
stated that it will take sixty days to complete the project. He stated that if
it is started within a month, it should be finished by the middle of October.
Council Member Mendez noted that there are changes in the law concerning
the removal of asbestos and recommended that the Staff contact Mr. Buddy Gist of
the Building Trades Council and check with him regarding the certification for
removing the asbestos.
Council Member Berlanga referred to Item No. 7 pertaining to the Oso
Parkway street closure request, and inquired if the street stubouts are City
property.
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Regular Council Meeting
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City Manager McDowell replied no, they do not exist, and Mr. Medina
stated that the stubouts presently are public right-of-way; once they are
closed, they will become private property; and they are on paper only.
Regarding the same item, Mayor Pro Tem Slavik inquired about the original
plan, and Mr. McDowell replied the original plat contemplated streets into a
subdivision at those various locations; subsequently, it has been marketed and
will be replatted; the design will change; and the need no longer exists for the
streets that were contemplated initially.
There were no comments from the audience on the Consent Motions.
A motion was made by Council Member Guerrero to approve the Consent Motions
on Items 1 through 9; seconded by Council Member Mendez and passed unanimously;
Slavik voting "Aye" on every item except for Item No. 4 on which she voted "No."
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Ordinances 10 through 23.
with Items No. 11, 16 and 19 being withheld for discussion.
There were no comments from the audience on the aforementioned Consent
Ordinances.
City Secretary Chapa polled the Council for their votes; and the following
ordinances were passed:
10. ORDINANCE NO. 19796
APPROPRIATING $125,137.26 TO SUPPLEMENT $122,108.57 REMAINING FROM EXISTING
CONTINGENCY APPROPRIATIONS TO VARIOUS PROJECTS AS SHOWN ON EXHIBIT "A" TO
REIMBURSE THE GENERAL FUND FOR ENGINEERING SERVICES; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet,
Rhodes and Strong voting, "Aye."
12. ORDINANCE NO. 19798
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE CONTRACT WITH BLACK AND
VEATCH FOR ENGINEERING SERVICES RELATED TO THE CONSTRUCTION OF THE STEVENS
PLANT RAW WATER RESERVOIR AND SEDIMENTATION LAGOONS TO PROVIDE FOR THE
DESIGN PHASE INCLUDING THE PREPARATION OF DETAILED PLANS AND
SPECIFICATIONS; APPROPRIATING $170,000; AND DECLARING AN EMERGENCY.
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Regular Council Meeting
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The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet,
Rhodes and Strong voting, "Aye."
13. ORDINANCE NO. 19799
APPROVING THE DEVELOPER'S APPLICATION AND AUTHORIZING REIMBURSEMENT TO
HHARBOR HYUNDAI, INC., FOR THE INSTALLATION OF 310 LINEAR FEET OF 8 -INCH
DIAMETER OFFSITE WATER DISTRIBUTION MAIN EXTENSION; APPROPRIATING
$1,923.30; and DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet,
Rhodes and Strong voting, "Aye."
14. ORDINANCE NO. 19800
CLOSING AND ABANDONING FOUR 10 -FOOT WIDE UTILITY EASEMENTS IN KINGS CROSSING
SUBDIVISION UNIT 1, PHASES 1 AND 2, SUBJECT TO THE PROVISIONS LISTED BELOW;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet,
Rhodes and Strong voting, "Aye."
15. ORDINANCE NO. 19801
AMENDING ORDINANCE 19281 TO PROVIDE FOR THE TRANSFER OF FUNDS APPROPRIATED
FOR THE AGREEMENT WITH PATE AND PRICE AIRPORT CONSULTANTS, INC. FOR THE
PAYMENT OF AIRPORT CONSULTANT SERVICES AUTHORIZED BY AGREEMENT WITH JOHN F.
BROWN COMPANY, INC.; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet,
Rhodes and Strong voting, "Aye."
17. RESOLUTION 19803
APPROPRIATING $950 FROM THE 531 PUBLIC HEALTH AND SAFETY BOND FUND FOR
APPRAISAL SERVICES BY JOHN A. ERICKSON IN CONNECTION WITH THE RELOCATION OF
FIRE STATION NO. 1; AND DECLARING AN EMERGENCY.
The foregoing Resolution passed by the following vote: Turner, Slavik,
Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye."
18. RESOLUTION NO. 19804
AUTHORIZING ACQUISITION OF PARCEL 4 IN CONNECTION WITH THE AIRLINE ROAD
STREET IMPROVEMENTS; AND APPROPRIATING $4,900.
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Regular Council Meeting
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The foregoing Resolution passed by the following vote: Turner, Slavik,
Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye."
20. SECOND 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 second reading by the following vote:
Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong
voting, "Aye."
21. SECOND 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.
The foregoing Ordinance passed on its second reading by the following vote:
Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong
voting, "Aye."
22. SECOND 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 second reading by the following vote:
Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong
voting, "Aye."
23. ORDINANCE NO. 19806
AMENDING CHAPTER 9, AVIATION, SECTION 9-35.1, PARKING RATES: PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on its third reading by the following vote;
Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong
voting, "Aye."
Mayor Pro Tem Slavik referred to Item No. 11 pertaining to engineering
reimbursements 1986-87 transfer of funds, and inquired if this money had already
been included in the General Fund balance of the proposed budget even though it
was left out of the ordinance, and City Manager McDowell responded in the
affirmative.
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Regular Council Meeting
June 16, 1987
Page 11
Council Member Mendez referred to Item No. 16 pertaining to the Up River
Road right-of-way on parcels 1 through 8 and inquired that if the City owns land
from the railroad track to Five Points, why should they want a left turn lane,
why couldn't the street be made wider. Mr. Medina stated that the Staff is in
the process of conducting a study for putting in a parking lane on the north
side of Up River Road and eliminating the left turn.
Council Member Strong expressed her concern about the cost of $6,100 to
survey eight parcels of land 11' wide. Mr. Medina stated that these are
appraisal fees, not surveys; there are several different parcels; and the City
has to do comparables.
Mayor Pro Tem Slavik inquired about
charges, and Mr. Medina stated they
anticipated, and Staff feels that this is
Mayor Turner requested information
charges on these parcels.
the method of determining appraisers'
charge by the amount of research
a good price.
from Staff indicating how Mr. Dorsey
Council Member Strong referred to Item No. 19 pertaining to the police
station expansion project, parcel 13 e.nd inquired about eminent domain
proceedings and how they are settled legally.
City Attorney George explained that condemnation proceedings are filed with
the County Court; the County Court judge appoints three special commissioners
who set a price; once they set the fee, the City will make a deposit and is
entitled to possession at that time; then tae property owner is entitled to draw
down that fee; the property owners and the City can object to that award; the
owner can appeal and is entitled to a :jury trial; there will be a formal
proceeding and then you can appeal.
In answer to a question from the Mayor concerning City ownership on the
remainder of the property on Massey Street, City Manager McDowell replied the
City owns all but a parcel or two on that block and is proceeding to acquire
that property.
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:
11. ORDINANCE NO. 19797
AMENDING ORDINANCE NO. 19661 DATED MARCH 10, 1987,
THE TRANSFER OF $6,787.71 FROM THE NO. 111-000-241
TRUST ACCOUNT TO THE NO. 291 PARK BOND FUND FOR
ENGINEERING REIMBURSEMENTS TO THE NO. 102 GENERAL
EMERGENCY.
TO INCLUDE AUTHORIZING
.10-000 MIDDLECOFF PARK
SECOND QUARTER 1986-87
FUND; AND DECLARING AN
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The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet,
Rhodes and Strong voting, "Aye."
16. RESOLUTION NO. 19802
APPROPRIATING $6,100 FROM THE 561 STREET IMPROVEMENTS BOND FUND FOR
APPRAISAL SERVICES BY THOMAS F. DORSEY IN CONNECTION WITH THE UP RIVER ROAD
STREET IMPROVEMENTS PROJECT.
The foregoing Resolution passed by the following vote: Turner, Slavik,
Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye."
19. RESOLUTION NO. 19805
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO
PARCEL 13 FOR THE POLICE STATION EXPANSION PROJECT AND TO ACQUIRE SAID
PARCEL FROM THE OWNER, ROMEO E. GUERRA.
The foregoing Resolution passed by the following vote: Turner, Slavik,
Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye."
* * * * * * * * * * * * *
Mayor Turner called for consideration of the following item:
24. Consideration of an appeal by Mr. Walter Wiszina, owner of Lots 10E through
10I, Block 12, Bluff Portion, First City Tower II and III site, to waive
the prorata fees for water and wastewater lines levied as part of the
platting process.
Mr. Murray Bass of Monroe and Bass Consulting Engineers spoke on behalf of
Walter Wisznia, owner of the property in question. He stated that Mr. Wisznia
has no doubt that the fees are accurately and fairly accessed, but feels that
the situation deserves some consideration. Mr. Bass gave a brief history of the
site and the project. He stated that since the first platting, the platting
ordinance has been amended to provide for the prorata fees, the lot acreage fees
and for reimbursement of those fees. When the sale of Tower II became eminent,
it was decided to be in accordance with the platting ordinance that the property
should be platted; in order to do that the whole area had to be replatted; it
was done to redefine lines; had it not been for the sale, there would have been
no fees involved. He stated that they feel it is not fair to place these
obligations on a developer when he is forced by other reasons to plat his
property. Mr. Bass requested that the Council consider the following: 1.
Because Mr. Wisznia has spent $60,000 on the sewer lines, that these prorata
fees be waived for this plat, or 2. If the Council does not see fit to waive the
fees entirely, that the developer be allowed to recover as much of his costs as
he can from the acreage fees that he has paid, or 3. If the Council does not
see fit to do those, that they give the developer some assurance that when he
starts to develop, he won't be forced to construct new utility lines and if so,
these prorata fees which are supposed to pay for those developments in place
that he be given credit for that, since he is having to replace them.
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Mr. Medina stated that Staff feels that the fees required are in accordance
with the platting ordinance.
City Manager McDowell stated that Mr. Wisznia paid for the sewer lines at
Carancahua Street and the assessment is being made on Tancahua Street. He
stated we are asking for the sewer on Tancahua and the water on Carancahua; and
that he put the sewer in on Carancahua but not the water.
After more discussion, Mr. Medina stated that Staff is not too concerned
about Tancahua Street, but are with Carancahua and would like the developer to
comply with the platting ordinance. He pointed out that the Staff cannot waive
the platting ordinance requirements, but that the Council has that right.
A motion was made by Council Member Berlanga to concur with the Staff's
recommendation for denial of Mr. Wisznia's appeal. The motion was seconded by
Council Member Mendez and passed unanimously.
* * * * * * * * * * * * *
Council Member Berlanga referred to Item No. 25 pertaining to a resolution
opposing the location of a radioactive waste disposal site within the Nueces
River Basin. He stated that he thought the problem had been cleared up some
time ago. He urged the Council to send the Resolution as soon as possible, and
volunteered to be part of a group to deliver it to Austin.
Council Member Strong stated she understood part of this is a legal process
problem at the state level, and Ernest Briones, Deputy City Manager, stated that
it is a process problem but was not sure that it is a legal problem.
Council Member Strong noted that the site proposed by the authority last
time was four feet under water last week, and the Council ought to do anything
they can to prevent our water supply from being contaminated by radioactive
waste.
Mr. Briones referred to the session in 1985 when a bill was passed that
requested that the low level waste disposal agency find a suitable site on state
owned land, and that those lands be acquired for the disposal site. He stated
that the agency went ahead and located a suitable site in Hudspeth County, but
the Land Commissioner has not released those lands to the agency.
In answer to a question from Council Member Strong concerning if it will
require another legislative action, Mr. Briones stated he did not know; the
feeling is that the mandate issued by the '85 legislation is enough to cause a
transfer of the land to the Land Office to the waste disposal agency.
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Regular Council Meeting
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City Secretary Chapa polled the Council for their votes; and the following
resolution was passed:
25. Resolution No. 19807
OPPOSING THE LOCATION OF A RADIOACTIVE WASTE DISPOSAL SITE WITHIN THE
NUECES RIVER BASIS AND DECLARING AN EMERGENCY.
The foregoing Resolution passed by the following vote: Turner, Slavik,
Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye."
* * * * * * * * * * * * *
City Manager McDowell requested that Item No. 26 be withdrawn because of
new information that needs to be checked out.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 26a pertaining to a lease
agreement with the Ultimate Yacht Race.
Mr. Toby Darden, one of the promoters of the event, presented a short video
presentation to the Council. He stated that they have sent out 1,000
invitations to the sailing community. He stated that the entry fee is $20,000
per team with the first (and only) prize being one million dollars, winner takes
all; it is going to be a five-year event; they are trying to give Corpus Christi
favorable exposure; and they are extremely pleased with the results. Mr. Darden
presented material to the Council and presented the Mayor with a sweatshirt. He
stated that they have made an arrangement with the Driscoll Foundation
Children's Hospital to handle the marketing of the T-shirts and the sweatshirts
in order to benefit from the sale.
City Secretary Chapa polled the Council for their votes; and the following
ordinance was passed on first reading:
26a. FIRST READING
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE ULTIMATE YACHT
RACE, INC., FOR A 15 -DAY ANNUAL USE OF APPROXIMATELY 89,250 SQUARE FEET OF
SPACE ON THE NORTHERN HALF OF THE L -HEAD FOR THE BERTHING OF NO MORE THAN
FIFTY RACING YACHTS.
The foregoing Ordinance passed on its first reading by the following vote:
Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong
voting, "Aye."
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
June 16, 1987
Page 15
Mayor Turner announced the public hearing on the following item:
27. Closing and abandoning the unopened public right-of-way of Minnesota Street
from Ocean Drive to Corpus Christi Bay.
Mayor Pro Tem Slavik inquired if the Staff had met with the applicant to
discuss the situation, and City Manager McDowell stated that the City Council
requested the Staff to discuss this with the applicant and that they had met
with Mr. Archie Walker, the agent for the applicants. He stated that the
applicants are proposing that in lieu of closing the street, that the City
barricade the street which would still allow for parking, but would prevent
vehicle access to the end of the property. He stated that if the City agreed to
barricade with some parking close to Shoreline, that they would withdraw their
application if it was acceptable. He stated that he is not sure it is
acceptable to the neighborhood.
Archie Walker, agent for the applicants, stated that one of the applicants,
Josephine Sparks, felt that if the street cannot be closed altogether, she would
have a problem with the barricade. Mr. Walker gave a brief description of the
situation and stated that he had visited the area at several different times of
the day during the last three months to see what kind of activity was taking
place there. He stated that it is obvious the street is being used for other
purposes than a public right-of-way; the alternative that the Staff came up with
is a vest pocket park with a gazebo; in both instances, this was not acceptable;
this would increase the number of persons that go back and forth between the
residential properties. He stated that it is an unacceptable situation to
everyone under any circumstances, and something should be done about the
situation.
In answer to a question from Mayor Pro Tem Slavik concerning the Staff
recommendations, Mr. Walker stated that the Staff did a good job in attempting
to address the situation, but it was not in the best interest of the residents.
Mayor Pro Tem Slavik expressed concern regarding closing the area.
Mr. Walker stated that he would like to withdraw the request for closing
the street and continue to work with the property owners and the City Staff to
see if a reasonable solution could be reached. He further stated that he did
not believe it would come back in the form of a street closing.
Council Member Berlanga stated there are other options and agreed that a
suitable resolution could be worked out. He stated that more open land is
needed.
Council Member Strong concurred with Mr. Berlanga and stated that open
space is one of the amenities in Corpus Christi, and that she thought it was
essential that the private owner's property lines be protected as much as
possible.
Council Member Mendez stated that he agreed with the Staff recommendation of
alternative No. 2 and thought it was the logical solution.
Minutes
Regular Council Meeting
June 16, 1987
Page 16
After further discussion, a motion was made by Mayor Pro Tem Slavik to
accept the request of Mr. Walker for withdrawal of this item; seconded by
Council Member Pruet and passed unanimously.
Mr. Lewis Lovelace spoke in opposition to closing the street. He stated
that he agreed the situation is a mess; he is an avid fisherman; there is little
enough access to the bay for fishing; this is supposed to be a tourist City; and
fishing is a great draw for tourists. He noted that it is the opinion of the
Gulf Coast Conservation to keep the street open. He stated that in his opinion
some tax dollars should be spent, the area paved, and keep it open for parking.
City Manager McDowell stated that the Choke Canyon Dam is about to be
declared full; it will probably occur Thursday, and then water will be released
from the dam; as of today, it is 94 percent full; and the City has been working
very closely with the Bureau of Reclamation to insure the integrity of the dam.
The Council discussed a possible field trip to view the dam in the near
future, and City Manager McDowell stated that the date would be arranged at
their convenience.
Mr. McDowell reported that construction on the new City Hall is under way,
and there will be a month's delay in occupancy due to change orders; the
projected occupancy date is late December.
Council Member Mendez referred to the residency requirement concerning City
employees and referred to a law that was passed in the Legislature concerning
the requirements which is going to the Governor on the 22nd of the month. He
inquired if the City will effect the residency requirement on the 17th of the
month, and City Manager McDowell stated that was incorrect.
Council Member Mendez made an inquiry about an employee injured on the job
concerning workmans compensation and health insurance while he is out of work.
City Manager McDowell stated that he will check out the situation and provide
Mr. Mendez with a report.
Mayor Pro Tem Slavik requested that the Council be provided with all of the
plans regarding the bayfront buildings to be shown at the workshop meeting next
week, and City Manager McDowell stated that it will be done.
Mayor Pro Tem Slavik expressed concern regarding the AIDS problem, and
suggested that it be discussed in the near future. City Manager McDowell stated
that Dr. Sisley will prepare a report and provide it to the Council.
Council Member Guerrero inquired about flower vendors and the ordinance
pertaining to people standing on street corners selling flowers.
inutes
Regular Council Meeting
June 16, 1987
Page 17
City Manager McDowell replied that the City has a vendors ordinance, but it
would be a police problem if they are obstructing traffic and causing unsafe
conditions. He stated that the Staff would check into the vendors ordinance and
the City's ability to control this practice.
Mayor Turner noted that it was suggested by Council Member Moss that in
order to expedite the Council Meeting, that the questions or comments from the
Council to the City Manager and Staff be sent in memo form for reply. Mayor Pro
Tem Slavik stated that some of the items need to be brought before the Council.
City Secretary Chapa requested that the Council take action in reference to
the August 4th Council Meeting.
A motion was made by Council Member Rhodes that the August 4th Council
Meeting be cancelled because there will not be a quorum in attendance; the
motion was seconded by Council Member Mendez and passed unanimously.
In answer to a question from Council Member Guerrero in reference to the
above motion, City Manager McDowell replied that the charter provision requires
a weekly meeting and can be cancelled if there is valid reason stated in the
minutes. He stated that the Council just took such action.
* * * * * * * * * * * * *
Mayor Turner called for petitions or information from the audience on
matters not scheduled on the agenda.
Jesse Suarez, 3001 David, complained about fly-by-night contractors. He
referred to the fact that these contractors are taking advantage of old people
and divorced people, and inquired if there is any way the contractors could be
licensed.
City Manager McDowell stated that a general contractor is not required to
be licensed , but plumbers and others are. He stated that if the Council so
desires, the City can require a license for protection of the public health and
welfare, as well as a revenue producer.
Council Member Berlanga expressed his concern regarding this problem. He
stated that out-of-town contractors should be registered with the City.
Council Member Rhodes concurred with Mr. Berlanga and stated that the
victims are both the local contractors who are legitimate, and the people who
are being ripped off.
A motion was made by Council Member Strong to ask the Staff for a
recommendation or report on the above problem. The motion was seconded by Mayor
Pro Tem Slavik and passed unanimously.
4inutes
Regular Council Meeting
June 16, 1987
Page 18
Dr. Howard Tirschwell, Chairman of the 80th Anniversary Sister City
Committee, stated that he received a call from Japan, and they wanted to know
who is coming for the celebration. He stated that the Committee needs $22,000
or less, and asked the Council for suggestions. He stated that the purpose of
the trip is to try and develop economic relationships.
City Manager McDowell stated that airfare reservations need to be locked up
for the flight to Japan which requires a payment; some money has to be put up
front to secure the reservations; there is solicitation going on in the
Community; and consideration is being given, but no commitments have been made
as of yet.
In answer to a question from Council Member Rhodes pertaining to what the
money is needed for, Dr. Tirschwell stated that most of the cost will be the
airfare for the Mayor, City Council people, four tennis players, Chairman of the
Sister City Committee, City Manager, food coordinators, three member mariachi
group and a girl singer.
Discussion followed, and Dr. Tirschwell stated that the air space is almost
gone; the tickets need to be paid for; there is a need to give the Japanese
officials an answer; we were supposed to have told them May 31; it is up to the
Council to make a decision; and that the Council needs to tell the Committee who
they do not want to send.
After more discussion, the Mayor referred to the tight budget the Council
will be discussing and that a decision will not be made today.
Council Member Berlanga suggested that Dr. Tirschwell present a written
statement to the Council regarding the names and categories of the people who
plan to attend, and then they will make a decision.
Miles A. Compton III, Executive Producer of KKED, gave a video presentation
to the Council on Jazz in the Parks concerts. He stated that KKED-FM proposes
to produce and broadcast a series of six public concerts during the summer of
1988 featuring nationally and internationally -known jazz musicians; this is an
instrument to bring Corpus Christi nationwide attention; the benefits that will
flow from Jazz in the Parks are economic, cultural, personal and more; the
effects this project will achieve for Corpus Christi are anticipated by many to
be both long-term and far-reaching. He requested the Council's support of
$50,000.
Mayor Pro Tem Slavik stated it is an excellent program, but expressed
concern about the money because of the budget.
Council Member Strong suggested that Mr. Compton approach the Municipal Arts
Commission for funding because the money that the City has for this type of
entertainment goes through them and they make recommendations to the Council.
Ainutes
Regular Council Meeting
June 16, 1987
Page 19
She stated that it is a fantastic program and also suggested that he contact
Marion Loucks who is the Special Events Coordinator.
Mayor Turner and Council Member Berlanga concurred with Council Member
Strong that Mr. Comption should go through the proper channels for funding which
the Council has set up. Mayor Turner also suggested that Mr. Compton speak with
Assistant City Manager Bill Hennings.
* * * * * * * * * * * * *
Council Member Moss referred to the surrey proposal which was brought to
the Council last week. He made a motion that the proposal be returned to the
Park and Recreation Board for their examination and then a recommendation be
made to the Council. The motion was seconded by Mayor Pro Tem Slavik.
Council Member Guerrero stated that he does not have a problem with
delaying the above item, but with a perception of the whole thing. He stated
that they came before the Council with their proposal, and it was voted on and a
decision made.
Discussion followed and Council Member Mendez stated that the Council needs
to make a decision.
Mayor Turner stated that the current franchise had requested twenty
additional surreys, and a report came back that it would be unsafe. She
requested a report from Staff pertaining to the safety factor and asked if the
report can be available by next week.
City Attorney Hal George stated that the safety report would be available
by next week, but that the Park and Recreation Board's recommendation might
take longer.
A vote was taken on the above motion and it failed to pass. Council
Members Moss and Slavik voted in favor of the motion. Council Members Berlanga,
Guerrero, Mendez, Pruet, Strong, Rhodes and Mayor Turner voted against the
motion.
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 5:35 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
16, 1987, which were approved by the City Council on June 23, 1987.
WITNESSETH MY HAND AND SEAL, this the St-( - day of
httyr, MAYOR
1 s Y7 .
Armando Chapa, City Secretary
City of Corpus Christi, Texas