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HomeMy WebLinkAboutMinutes City Council - 06/23/1987MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 23, 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 Ms. Janice Jamar of the Corpus Christi Army Depot who sang the "Lord's Prayer" and "God Bless America," following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Mendez. 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 Strong noted that there is a correction on Page 1 of the Workshop Minutes of June 16, 1987 concerning the fact that she did not meet with Mr. Innis. A motion was made by Council Member Guerrero that the Minutes of the Workshop Meeting, with the appropriate correction on Page 1, and Regular Council Meetings of June 16, 1987 be approved; seconded by Council Member Pruet and passed unanimously. Mayor Turner administered the Oath of Office to Municipal Court Judge Robert J. Gonzalez who expressed his appreciation to the Council for their confidence in appointing him to such an important position in the community. The Council took a brief recess in order for Judge Gonzalez to meet with the media. Mayor Turner reconvened the meeting at 2:22 p.m. and administered the Oaths of Office to the following newly appointed Board and Commission members: Albert McCall, Lynn Smith - Municipal Arts Commission; Drue Combs, Robert Bennett, Richard H. Gonzales, Lois Wilder, M. Loraine Roberson - Sister City Committee; MICROFILMED dinutes Regular Council Meeting June 23, 1987 Page 2 William S. McCord, Philip Skrobarzyk - Building Code Board of Appeals; Mayor Luther Jones - Museum Advisory Board; Christell 0. Bray, Aileen Creighton - Senior Community Services Advisory Board; Eduardo Hinojosa - Housing Authority; and Lamont Taylor - Planning Commission. * * * * * * * * * * * * * Jim Petersen, President of the Foundation for Sciences and Arts, made a brief presentation on the Watergarden Project. He stated that the Foundation had secured a local contractor to build the Watergarden within the same budget guidelines that the Council previously approved. He requested the Council's approval to sign the original agreement between the Foundation and the City and, at the same time, the agreement with the contractor. He noted that the contractor is C.J.B. Construction Co. Inc. of Corpus Christi. A motion was made by Council Member Pruet to approve the original agreement dated April 27, 1987; seconded by Council Member Mendez and passed unanimously. * * * * * * * * * * * * * A brief presentation on the United Way Bilingual Teach Shirt was made by David Brannan, President Elect of the United Way Coastal Bend, who introduced Phyliss Pitman, designer of the original shirt, and Chris Nelson, the newly appointed Executive Director of United Way Coastal Bend. The bilingual teach t -shirts and pins were presented to the Council by Mr. Brannan and Mr. Nelson. * * * * * * * * * * * * * Mayor Turner announced the bid opening on the Williams Drive Clinic Expansion project. Mr. James K. Lontos, Assistant City Manager, opened the bids on the project from the following firms: J. H. Chapman Construction Co.; Closs & Medrano, Inc.; Coleman -Roth Construction, Inc.; Dickson Builders, Inc.; L & L Construction Company; Mehne Construction, Inc.; E. J. Netek Construction; Progressive Structures, Inc.; and Sahara Builders, Inc. Mr. Lontos verified that all companies submitting bids had also submitted the required security bond and acknowledged receipt of the addendum, except for Sahara Builders, Inc. who did not acknowledge receipt of the addendum. Mayor Turner expressed appreciation to the bidders for submitting bids on the City projects. * * * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions, Items 1 through 6. linutes Regular Council Meeting June 23, 1987 Page 3 1. M87-0230 Approving a supply agreement for calcium oxide from U.S.G. Industries based on the low bid of $60,368.64. The term of the agreement will be twelve months, with option to extend for an additional twelve months based on the same terms and conditions, subject to the approval of the supplier and the City Manager or his designee. This item will be used by the Water Division. Funds were approved in the 1986-87 budget. 2. M87-0231 Approving the purchase of heavy trucks based on only bids for two items and low bids on the remaining items; six units from Tradewinds Ford Sales, $109,389.70; seven units from Lindley International, $207,896.76; one unit from UEC Equipment Company, $44,724; and one unit from Coastal Bend GMC, $20,855. Funds were approved in the 1986-87 budget. 3. M87-0232 Approving the purchase of a refrigerated centrifuge from E.I. Dupont for $17,016.33 based on low bid meeting specifications. This item will be used by the Water Division and funds were approved in the 1986-87 budget. 4. M87-0233 Approving the purchase of three polymer feed systems from Oliver & Laughter based on the low bid of $13,284. These items will be used by the Wastewater Division and funds were approved in the 1986-87 budget. 5. M87-0234 Approving an Engineering Services Contract with Shiner, Moseley & Associates to provide design services for utility line adjustments under the Corpus Christi Ship Channel near the Harbor Bridge. 6. M87-0235 Amending the arts subgrant contract with the Harbor Playhouse to delete the production of "Evita" and substitute "Westside Story" as recommended by the Municipal Arts Commission. There were no comments from the audience on the above items. A motion was made by Council Member Guerrero to approve Items No. 2, 3, 4 and 6 with Items No. 1 and 5 being withheld pending discussion. The motion was seconded by Mayor Pro Tem Slavik and passed unanimously; Mendez absent at the time the vote was taken. Mayor Pro Tem Slavik referred to Item No. 1 pertaining to approving a supply agreement for calcium oxide, and inquired if this product affected the salinity of the City water, and Assistant City Manager Lontos explained it does not. Minutes Regular Council Meeting June 23, 1987 Page 4 Mayor Pro Tem Slavik referred to Item No. 5 pertaining to the utility line adjustments under the Corpus Christi Ship Channel near the Harbor Bridge and inquired about the project completion date, and Mr. Lontos replied that the Corps of Engineers indicated the lowering of the utilities would be done in 1988, and he would check on the completion date of the overall project. Mayor Turner inquired about the cost estimate of the project, and Mr. Lontos explained it would be a little over a million dollars to lower the utilities. Regarding the same item, Council Member Rhodes inquired if the technical nature of the work necessitated the contract with an engineering firm, rather then by bid, and City Manager McDowell explained that engineering type services, which are considered professional services, are normally negotiated instead of bid. There were no comments from the audience on the above items. A motion was made by Council Member Strong to approve Items No. 1 and 5; seconded by Council Member Mendez and passed unanimously. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Ordinances 7 through 23, with Items No. 11, 13, 15, 18 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: 7. ORDINANCE NO. 19808 CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Flour Bluff Area 1. Tahiti and Samoa Drives, from Mediterranean Drive to Cul -de -Sacs, 2. Bimini Drive, from Caribbean Drive to Cul -de -Sacs, and 3. Bel Air Drive, from Waldron Road westward 885 feet to the existing improvements; 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, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 8. ORDINANCE NO. 19809 DECLARING TERMINATION OF THE INTENT TO ASSESS CERTAIN PROPERTY IN CONNECTION WITH STREET IMPROVEMENTS AS SET FORTH IN ORDINANCE NO. 19721, AND THE NOTICE OF THE CITY SECRETARY FILED IN THE OFFICE OF THE COUNTY ,inures Regular Council Meeting June 23, 1987 Page 5 CLERK OF NUECES COUNTY, TEXAS; AUTHORIZING THE GENERAL RELEASE OF ALL PROPERTIES ABUTTING ON THE FOLLOWING STREET AFFECTED BY REASON OF SAID NOTICE IN CONNECTION WITH STREET IMPROVEMENTS: Bel Air Drive, From Waldron Road westward 885 feet to the existing improvements; 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." 9. ORDINANCE NO. 19810 AUTHORIZING THE EXECUTION OF A CONTRACT WITH HAAS PAVING CO., INC. FOR IMPROVEMENTS TO BIMINI, SAMOA, AND TAHITI STREETS IN THE FLOUR BLUFF AREA OF THE CITY; APPROPRIATING $499,838.58; 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." 10. ORDINANCE NO. 19811 APPROVING THE DEVELOPER'S APPLICATION AND AUTHORIZING REIMBURSEMENT TO DIAMOND STAMP COMPANY, INC., THE AMOUNT OF $3,349.76 FOR THE INSTALLATION OF 324 LINEAR FEET OF 8 -INCH DIAMETER OFFSITE WATER DISTRIBUTION MAIN; APPROPRIATING $3,349.76; 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. 19813 CLOSING AND ABANDONING A 5 -FOOT WIDE UTILITY AND A 10 -FOOT WIDE UTILITY EASEMENT IN LOT 1, BLOCK 1, PADRE STAPLES MALL, 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." 14. ORDINANCE NO. 19815 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MORTEZA SHAFINURY BY GRANTING A SPECIAL COUNCIL PERMIT FOR A CAR LOT WITH NO ACCESS TO AIRLINE ROAD ON LOT 3, BLOCK B, AIRLINE SUBDIVISION; 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." :iinutes Regular Council Meeting June 23, 1987 Page 6 16. RESOLUTION NO. 19817 APPROVING THE PURCHASE OF COMPUTER TAPE SERVICE FOR THE CORPUS CHRISTI PUBLIC LIBRARIES FROM AMIGOS BIBLIOGRAPHIC COUNCIL, INC.; AND APPROPRIATING $35,000. The foregoing Resolution passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 17. RESOLUTION NO. 19818 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO A DRAINAGE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE BLANCHE MOORE DRAINAGE OUTFALL PROJECT AND TO ACQUIRE SAID EASEMENTS FROM THE OWNER, JOHN ZERR. The foregoing Resolution passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 20. FIRST READING AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, BY REPEALING SECTION 2-55, CONFIRMATION OF APPOINTMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its first reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 21. FIRST READING AMENDING CHAPTER 29, MUNICIPAL COURTS, SECTION 29-4, JUDGES, GENERALLY --OFFICES CREATED; SALARIES; QUALIFICATIONS: APPOINTMENT AND TERM; REMOVAL, SUBSECTIONS (c) (d), SO AS TO ESTABLISH QUALIFICATIONS FOR MUNICIPAL COURT JUDGES, ESTABLISH A TERM OF OFFICE, AND PROVIDE FOR APPOINTMENT BY THE CITY COUNCIL; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its first reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 22. SECOND 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. .tinutes Regular Council Meeting June 23, 1987 Page 7 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. 19819 UPDATING THE FLOOD HAZARD PREVENTION CODE BY ADOPTING CERTAIN AMENDMENTS THERETO; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. 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." Council Members Rhodes and Guerrero requested information on Item No. 11 pertaining to the contract with Corpus Christi State University. Mr. Gene Seaman briefly explained the study undertaken by Corpus Christi State University to determine the nature and extent of legal and illegal immigration in South Texas and its future effect. He stated that his company has raised $10,000 for this project; the City will provide $25,000 and another $15,000 will be secured from grants. Council Member Strong pointed out that this project was approved by the previous Council, and it was their decision to invest some of the discretionary funds which were available as a result of the bond restructuring program. Mayor Pro Tem Slavik referred to Item No. 13 pertaining to the Whitecap Boulevard contract with Shiner, Moseley and Associates, and encouraged the Staff to be more careful when doing their research. Mayor Pro Tem Slavik referred to Item No. 15 pertaining to the Automated Integrated Library System and noted that the money for this project is being taken out of the Central Library Building Trust Fund. She pointed out the need to express appreciation to the donors involved in this project because the money was raised from private funds. Council Member Moss made reference to the people who donated the funds which totaled $1.4 million. Council Member Mendez referred to Items No. 18 and 19 pertaining to the establishment of the Airport Board, Library Board, Park Board, Classified Service and Exemptions and Civil Service Board and inquired if the duties and functions will remain the same, and City Attorney George explained that when the Charter was amended, the Legal Staff looked at the various Boards and Commissions and claified the language. He stated that this is making sure they basically will continue with what they had been doing. Ainutes Regular Council Meeting June 23, 1987 Page 8 In answer to a question from Mayor Pro Tem Slavik pertaining to a breakdown of when the funds from the reserves are being expended, City Manager McDowell pointed out that this is done; the City is custodian of those funds; and the funds are used for the purpose as established by the trust. Mayor Pro Tem Slavik inquired about the compensation for the Civil Service Board, and Mr. McDowell replied it is $5.00 per meeting, not to exceed $100.00. There were no comments from the audience on the aforementioned items. City Secretary Chapa polled the Council for their votes; and the following ordinances were passed: 11. ORDINANCE NO. 19812 AUTHORIZING THE EXECUTION OF A CONTRACT WITH CORPUS CHRISTI STATE UNIVERSITY TO UNDERTAKE A STUDY TO DETERMINE THE NATURE AND EXTENT OF LEGAL AND ILLEGAL IMMIGRATION IN SOUTH TEXAS; APPROPRIATING $25,000; 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." 13. ORDINANCE NO. 19814 THAT THE CONTRACT WITH SHINER, MOSELEY & ASSOCIATES FOR STREET IMPROVEMENTS TO WHITECAP BOULEVARD BE RESCINDED BY REPEALING ORDINANCE 19774; 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. RESOLUTION NO. 19816 APPROVING AND AUTHORIZING THE EXECUTION OF THE INTEGRATED LIBRARY SYSTEM AGREEMENT AND THE MAINTENANCE AGREEMENT WITH DYNIX, INC. FOR THE PURCHASE OF AN AUTOMATED, INTEGRATED LIBRARY SYSTEM AND MAINTENANCE SERVICES FOR THE CORPUS CHRISTI PUBLIC LIBRARIES; AND APPROPRIATING $509,726. The foregoing Resolution passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 18a. FIRST READING AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, DIVISION 16, AIRPORT BOARD, SECTION 2-175, MEMBERSHIP, SUBSECTION A; ADDING A NEW SECTION 2-176, DUTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting June 23, 1987 Page 9 The foregoing Ordinance passed on its first reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 18b. FIRST READING AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, DIVISION 3, LIBRARY BOARD, BY ADDING A NEW SECTION 2-77, DUTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its first reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 18c. FIRST READING AMENDING THE CITY CODE, CHAPTER 2, BY CREATING A NEW SECTION 2-72, PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on Turner, Slavik, Berlanga, Guerrero voting, "Aye." 19. FIRST READING ADMINISTRATION, DIVISION 2, PARK BOARD, DUTIES; PROVIDING FOR SEVERANCE; AND its first reading by the following vote: , Mendez, Moss, Pruet, Rhodes and Strong AMENDING THE CITY CODE, CHAPTER 39, PERSONNEL, BY AMENDING SECTION 39-2, TO ESTABLISH A CLASSIFIED SERVICE AND EXEMPTIONS; CREATING A NEW SECTION 39-17, CIVIL SERVICE BOARD COMPENSATION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 2 pertaining to the proposal of additional surreys on the seawall. Council Member Berlanga stated that he believes in competition; it is healthy; the City should not provide a monopoly to any one person; he did not believe additional surreys will be a safety hazard; and better rates would probably be established. Council Member Rhodes expressed additional surreys were allowed; she Staff, and also inquired what would surreys. concern regarding the safety factor if referred to the recommendation of the happen if an additional party requests Council Member Guerrero stated that the Council did not know what the safety number is; no one knows whether thirty is safe or not; there is no way this can be estimated with just one concession; and that the supply and demand theory should prevail. rlinutes Regular Council Meeting June 23, 1987 Page 10 Mayor Turner referred to the City policy of limiting vendors and stated that she is for free enterprise, but that the City should stay with what it has and reassess the situation at a later date to determine if additional surreys are needed. Council Member Mendez referred to the five-year agreement with the present surrey operator. He stated that he believes in competition; he referred to Mrs. Byerley's marketing proposal; and expressed concern over the present surrey rates. Council Member Strong stated that she is impressed with the Byerley's marketing plan; they have just asked for a one-year contract; and we will not know what the market will allow without giving the Byerley's a chance. She then made a motion to approve a one-year contract with the Byerley's; during that time Park and Recreation Staff and Board will assess the effect of the increased number of vehicles; and at the end of that period, direct the Staff to solicit competitive bids for the operation of quadricycle surreys. The motion was seconded by Council Member Guerrero. Mayor Pro Tem Slavik expressed concern about the safety element and referred to a pending bicycle concession on the bayfront and asked for comments from the Staff. Charles Blum, Chairman of the Park and Recreation Board stated that the bicycle concession had been tabled and that the board is receiving several requests for surrey, bicycle and other wheel concessions; we need to look at the numbers of wheels versus the numbers of walkers on the bayfront. He requested that the Council not approve any more cycle concessions on the seawall until the board could evaluate the safety factors. Council Member Guerrero stated that the Byerley's should not be penalized because they have come to the Council with their proposal; we need to create more activity on the bayfront and suggested accepting the above motion with an addendum added. Council Member Rhodes reiterated her concern about the safety factor. She stated that the Council needs to set the policy first of what should be on the bayfront; it is the Council's responsibility to protect the public; and they do not have the policy. Daniel R. Blosser, Risk Manager, stated that because the City has no history of surrey accidents , it is impossible to predict what safety hazards would be presented by the additional surreys. Council Member Moss expressed concern about other vendors who wanted an opportunity to operate on the bayfront. He stated that the precedent has been established to have only one vendor and have it up for bids periodically; approving the motion would change that precedent; and the Council should look at it long and hard. ,iinutes Regular Council Meeting June 23, 1987 Page 11 Much discussion followed, and Mayor Turner requested the City Manager's recommendation. Mr. McDowell stated that if the Council had other operators who have expressed an interest, and if the Council approves this proposal today, then they should be prepared to approve additional requests. He referred to the fact that Mr. Polinard has been limited to 30 surreys, and that they all have never been used at any one time. Council Member Strong expressed concern that the Council does not know what the bayfront would allow until they have a chance to observe it. She then amended her motion to approve the Byerley's proposal for a one-year contract, and during that time that the Park and Recreation Board assess the vehicle limit on the seawall and come back to the Council with a maximum number next year, and at that time go out for competitive bids. Council Member Guerrero approved the amended motion. Mrs. Cheri Byerley, owner of Lakeside Surreys, Inc., stated that there is business in the City to warrant two concessions on the bayfront; she is aware of the capital investments; she is willing to put more money in the business; and she referred to her proposed marketing strategy. She continued by stating that the other surrey vendor's prices are too high; she is only asking for a one- year contract, and noted that if the Council sent her back to the Park & Recreation Board, it would be very detrimental. Betty Perry, 146 Whiteley Drive, Owner and President of Betty's Enterprises, referred to free enterprise and spoke in favor of the Byerley's proposal. Hank Snyder, Marina Advisory Board, stated that the board previously voted in favor of the Byerley's proposal, and referred to the fact that he is now in opposition of the proposal. Paul Laudadio, 449 Louisiana, spoke in opposition to the Byerley's proposal. J. R. Tillman referred to the Park & Recreation Board's recommendation and stated that the Council should listen to their recommendations. Attorney Bob Wallace, representing Jomark Surreys, spoke in opposition to the proposal. He stated that in 1983 there was a three -reading ordinance in which the contract was passed; the contract was advertised and negotiated extensively. He referred to 22 letters from the City praising Mr. Polinard for his charity work. He stated that when Mr. Polinard's contract is up, that would be the time for the Byerley's to make a bid for the contract. R. J. Nelson, Jr., referred to obtaining insurance on the seawall, and spoke in opposition of the Byerley's proposal. Jess White, 3813 Wyatt Street, and Pastor of Glad Tidings Assembly of God, spoke in favor of the Byerley's proposal. Minutes Regular Council Meeting June 23, 1987 Page 12 Patsy Burton, 10750 Larkwood, submitted a petition in favor of the Byerley's. Margaret Adams, 1201 Moore Avenue, Portland, Tanya Schrader, 11502 Havon, and Wayne Warden, Route 1, Robstown, spoke in favor of the Byerley's proposal. Daniel Polinard, owner of the rented the surreys by the } hour; competing for the tourist dollar. Byerley's proposal, that they will Council to see his contract through existing surrey business, stated that he has there is competition on the bayfront; he is He noted that if the Council accepted the both be put out of business, and urged the the five-year period. Angie Montgomery, 4633 Dody, owner of Pals & Fun in the marina, stated that there should be space for people to walk on the sidewalks, and that more quadracycles would be unsafe. Tim McGee, 719 Lantana, spoke in favor of the Byerley's proposal and encouraged competition. John Byerley, 3914 Locke Street, spoke in favor of the Byerley's proposal. Mayor Turner expressed concern about safety hazards and stated that from a business standpoint, at what point does the City draw the line and she referred to the significance of a five-year contract. Council Member Strong's motion to instruct the City Manager to begin contract negotiations for a one-year lease to approve the Byerley's proposal, and that the Park & Recreation Board assess the number of vehicles and after that, go out for competitive bids was again seconded by Council Member Guerrero, who noted that this is a negotiated lease, and the motion passed by the following vote: Berlanga, Guerrero, Mendez, Pruet and Strong voting, "Aye"; Turner, Slavik, Moss and Rhodes voting, "No." * * * * * * * * * * * * * The Council declared a five-minute recess, and Mayor Turner reconvened the meeting at 4:35 p.m. Mayor Turner called for consideration of Item No. 25 approving the concept identified as Bayfront Activities II which creates a bayfront park. She stated that there will be no plans adopted today, and that it would just be an adoption of a concept. Assistant City Manager Kelly Elizondo stated that the Bayfront Activities II would create a 23 -acre, "people -friendly" bayfront park that can be a destination point for local citizens and tourists. He also noted the fact that there would be a need to reroute the traffic. He stated that the Staff has looked at various plans and would be presenting several overviews of the plans to the Council. He then showed map displays and slides of the various plans. .4inutes Regular Council Meeting June 23, 1987 Page 13 Mr. Elizondo pointed out that the first plan, the CC'90 Plan, would transition the northbound traffic from Ocean Drive onto Water Street; the southbound traffic would remain the same as it is on Shoreline; it calls for the creation of a festival plaza; it does create a people friendly area; and that the Annex Building would be left available for the Art Community Center at their cost. Mr. Elizondo noted that the second plan, the Bayfront Activities lA Plan, is basically the same as the CC'90 Plan. He pointed out that the Bayfront Activities 1B Plan traffic pattern is different; southbound traffic goes on Water Street; northbound on Shoreline; the buildings all remain in place; and it eliminates the bayfront as an entryway into the City. He then referred to the Bayfront Activities Plan 1C which calls for the removal of the northbound lane; it creates three south and three north lanes; it calls for the removal of the Utilities Building; and does not refer to the City Hall or Annex Buildings. Mr. Elizondo then spoke of the Bayfront Activities Committee II Bayfront Park Concept which creates the park; provides for six lanes of traffic on Shoreline, three south and three north; avoids the S curve; and stated that this plan is the one recommended by the Staff. He stated that the difference between this plan and 1C is that it transitions Shoreline through the City Hall Annex and the other plan transitions it behind it. He then showed a long range plan of the above park and creates additional people type space. City Manager McDowell explained the differences and the short range plans; he discussed the traffic and improvements. plan which does create the between the long range plan patterns, parking concepts The Council discussed the various plans, and Council Member Mendez stated that he would like to see the Council approve Option 1C; he stated that he would like to tie in the Bayfront Park concept to include the Annex Building for the Art Community Center; and noted that some concept regarding the traffic plan could be worked out. He continued by stating that the Council needed to insure that the Art Community Center people would have the ability to raise the funds and completely renovate the building, and that there should be some assurance that the operating expenses could be taken care of in the future. Council Member Guerrero inquired about a figure regarding the financial responsibility to feasibly convert the City Hall Annex, and Charles Blum, Chairman of the Park and Recreation Board, replied that it will be at least $250,000 to bring it up to code. Mr. Guerrero stated that by saving the Annex Building, the City would be giving up a chance to create a bayfront development plan from scratch. He stated that we are just buying them time and destroying our own progress, and we will only be putting good money over bad. Ainutes Regular Council Meeting June 23, 1987 Page 14 Mayor Turner inquired about the traffic anticipated over the next ten years on the six lane drive, and asked Tom Stewart, Director of Transportation, to comment on the two configurations. Mr. Stewart explained that presently there are 32,000 cars a day, and there is a projected forecast for the year 2005 of about 48,000 cars daily. He then briefly spoke about the two configurations. Council Member Mendez stated that the intent of his recommendation was not to find a home for the Art Community Center, but that the Center is very compatible to the park concept on Shoreline. City Manager McDowell noted that the Staff recommended the short term on the Bayfront Activities II because it would be the better of the traffic plans. Council Member Rhodes stated that the buildings are critical in the Council's decision; we need to tell the Traffic Department what we want; the Art Community Center would be doing us a favor; the design they have presented is low, flat, open, airy and looks right on the bayfront. She stated that she would support the design that goes around the Annex. Mayor Pro Tem Slavik stated that she has always liked the idea of art on the bayfront, but expressed concern about the economics of the Annex Building and the economics of moving streets, and Mr. McDowell stated that the expense to the City with the short term concept in terms of utilizing the existing streets and not having to make a lot of modifications would be less expensive. The following people spoke in reference to Items No. 25 and 26: 1. Dorothy Kucera, 4637 Wilma, requested that the City allow the Art Community Center the use of the Annex Building and displayed an artist's concept of the plan for the proposed building. She noted that they will be able to raise the funds; 2. Catherine Countiss, 144 Del Mar, requested that the City not close Shoreline and stated that people do not care about public parks; 3. Norma Ybarra, 4930 Trinity, spoke in favor of the Annex Building for the Art Community Center; 4. George Brown, 520 So. Chaparral, who served on the Task Force of CC'90,stated that he believed that was the best plan; 5. Pat Park, 1039 Monette, President of the League of Women Voters, stated that the buildings should be torn down; 6. Zella Guergain, 4302 Ocean Drive, reguested use of the Annex Building for the Art Community Center; 7. Gloria Wolf, 4602 Monette, spoke in favor of the Annex for the Art Community Center; 8. Peggy Ahuja, Director of the Museum of Oriental Cultures, requested the Utilities Building for the Museum; 9. Woody Jones, referred to the drive along the water, and stated there would be problems with closing the east lane of Shoreline; 10. Pauline Clark, 3902 Mueller, stated that the buildings should be demolished; 11. Perry Burkett, 1005 Hamlin, requested the Annex for the Art Community Center; 12. Donald Greene, Chairman of the CC'90 Task Force, passed out material to the Council, and displayed the CC'90 iinutes Regular Council Meeting June 23, 1987 Page 15 Bayfront Plan. He stated that the plan seeks to develop the CC Marina and Shoreline Boulevard areas with amenities and people use areas; it recommends creation of a design zone and a standing design committee to recommend standards and assure continuity of public improvements; it recommends a South Shoreline Park area extending from McCaughn to Sherrill Park and connecting to the water, traffic free; it includes festival settings and structures to support activities. Mr. Green commented briefly about several of the plans in comparison to the CC'90 plan; 13. Hank Snyder, requested use of the Annex for the Art Community Center; 14. Maryann Tanner, 442 Dolphin, spoke in favor of the Annex for the Art Community Center; 15. Joanne McNeil, 845 Egyptian Drive, spoke in favor of the demolition of all three City buildings; 17. Jack Davis, 3523 Timon Boulevard, spoke in opposition of giving buildings to organizations. A motion was made by Council Member Mendez to approve in concept the Bayfront Plan Option 1C, with a traffic pattern that allows the use of the Annex Building as a Community Art Center, and allow the Art Center six months or until it is time for the removal of the Shoreline Buildings, whichever occurs first, and allowing them an opportunity to raise the appropriate funding, providing that they comply with the conceptual plan as approved by the City Council. The motion was seconded by Council Member Pruet. Council Member Moss stated that it is incumbent on the Council to make a decision today, whether or not the use of the bayfront should be for buildings or not for buildings. After more discussion, a vote was taken on the foregoing motion by the following vote: Slavik, Berlanga, Mendez, Pruet, Rhodes and Strong voting, "Aye"; Turner, Guerrero and Moss voting, "No." * * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 26 pertaining to authorizing the preparation of demolition plans for the existing City Hall, Utilities and City Hall Annex Buildings. A motion was made by Council Member Moss to authorize the preparation of the demolition plans for the existing City Hall, Utilities and City Hall Annex Buildings; seconded by Council Member Guerrero. The motion failed to pass. A motion was made by Council Member Strong to move forward with the demolition of the City Hall and Utilities Buildings; seconded by Mayor Pro Tem Slavik and passed unanimously. * * * * * * * * * * * * * The Council adjourned for a short recess and reconvened the meeting at 7:05 p.m. Minutes Regular Council Meeting June 23, 1987 Page 16 Mayor Turner called for consideration of an item pertaining to the Museum of Oriental Cultures. A motion was made by Mayor Pro Tem Slavik to direct the Park and Recreation Board to locate the Museum of Oriental Cultures at Heritage Park at the location rejected by the Art Community Center. The motion was seconded by Council Member Rhodes and passed unanimously. Mayor Turner addressed the issue that Speaker Pro Tem Hugo Berlanga has stated that the State Legislature is considering increasing the sales tax from 5 3/4 cents to 6 cents and expanding the number of covered items (increasing the base); if this should occur, not only will the State generate additional revenues, but the City and the Regional Transit Authority will also generate increased revenues; he is in the process of proposing that the additional taxes to be generated, which would normally flow to the RTA, be diverted to the City for economic development activities. Council Member Guerrero noted that for the record, he opposes a sales tax increase, and Council Member Moss agreed. Mr. Guerrero also opposed the fact that doctors and medical services will be taxed. The Council briefly discussed the proposal submitted from Speaker Pro Tem Berlanga in reference to Economic Development Activities. * * * * * * * * * * * * * Mayor Turner opened the assessment public hearing on the McArdle Road Improvements from Ayers to Carroll Lane indicating assessments of $180,367.96 on 119 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 project will include improvements to McArdle Road, from Ayers Street to Anthony Street, and Kostoryz Road, from 448 linear feet south of McArdle Road to 510 linear feet north of McArdle Road. He stated that the preliminary assessments will be $180,367.96; the City's portion would be $1,145,422.49; and the contractor is Haas Paving Company who submitted the low bid of $1,325,790.45. He stated that the present condition of McArdle is it is a 22 -foot county road with some ditches and some existing sidewalks. 1inutes Regular Council Meeting June 23, 1987 Page 17 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 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 properties being assessed in these street improvements will be enhanced in value by this improvement to at least the amount of the improvements, with the following exceptions: those properties abutting on the McArdle improvements will be enhanced by an amount equal to the assessments; however, those properties being assessed for the Kostoryz Road improvements will not be enhanced, and he recommended that the assessment for the widening of Kostoryz be dismissed. In answer to a question from Council Member Berlanga, Mr. Medina stated there there are three driveways that the Staff is concerned about and will look into the situation with regard to the platting ordinance. Mr. Medina also pointed out that the Staff concurred with Mr. Paraskevas' recommendations. Carl Bolen, 4829 Kostoryz, and Rose Saaky, 4921 Kostoryz, objected to the assessments because they had already paid for them in 1960. Jenny Ruth Daniel, 4837 Kostoryz, stated she resides on the corner of McArdle and Kostoryz and inquired if her driveway is one of the ones Mr. Medina was referring to, and Mr. Medina stated that the Staff will be checking out her property. Mr. Medina also pointed out that Mr. Bolen, and Ms. Saaky will not be assessed, and that Ms. Daniel will be assessed only on McArdle and not on Kostoryz. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Mendez and passed unanimously. Council Member Guerrero inquired if churches and schools are assessed at the same rate as residents, and Mr. Medina replied in the affirmative and noted that commercial properties are at a higher rate. A motion was made by Council Member Strong to accept Mr. Paraskevas' recommendations pertaining to the assessments; seconded by Council Member Mendez and passed unanimously. * * * * * * * * * * * * * * * * Mayor Turner called for consideration of Items No. 27 and 28. There were no comments from the audience on the above items. Ainutes Regular Council Meeting June 23, 1987 Page 18 City Secretary polled the Council for their votes; and the following ordinances were passed: 27. RESOLUTION NO. 19820 WHEREBY THE CITY OF CORPUS CHRISTI GRANTS ITS CONSENT TO THE PROVISION OF RETAIL WATER SERVICE BY THE SOUTH TEXAS WATER AUTHORITY TO RETAIL CUSTOMERS WITHIN ITS SERVICE AREA INCLUDING THE AREA WITHIN THE CITY'S FIVE MILE EXTRATERRITORIAL JURISDICTION. The foregoing Resolution passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 28. FIRST READING AUTHORIZING THE EXECUTION OF SIX FARMING LEASE AGREEMENTS WITH W. A. WHITMIRE, BERNSEN BROTHERS, JOHN KELLY, KLOSTERMANN FARMS, KOCUREK FARMS, AND PAT McDONOUGH FOR PROPERTY AT CORPUS CHRISTI INTERNATIONAL AIRPORT. The foregoing Ordinance passed on its first reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." There being no further business to come before the Council, a motion was made by Council Member Strong, seconded by Council Member Mendez, and passed unanimously that the meeting be adjourned at 7:35 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 23, 1987, which were approved by the City Councill{ on June 30, 1987. WITNESSETH MY HAND AND SEAL, this the ��fe� day of / 1 J'% . B:tty Tur jr, MAYOR Armando Chapa, City Secretary City of Corpus Christi, Texas