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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 inutes Regular Council Meeting June 16, 1987 Page 2 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. Minutes Regular Council Meeting June 16, 1987 Page 3 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. linutes Regular Council Meeting June 16, 1987 Page 4 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. 4inutes Regular Council Meeting June 16, 1987 Page 5 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. linutes Regular Council Meeting June 16, 1987 Page 6 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. inutes Regular Council Meeting June 16, 1987 Page 7 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. Sinutes Regular Council Meeting June 16, 1987 Page 8 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. inutes Regular Council Meeting June 16, 1987 Page 9 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. linutes Regular Council Meeting June 16, 1987 Page 10 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. Minutes 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 linutes Regular Council Meeting June 16, 1987 Page 12 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. linut e s Regular Council Meeting June 16, 1987 Page 13 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. linutes Regular Council Meeting June 16, 1987 Page 14 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