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HomeMy WebLinkAboutMinutes City Council - 09/01/1987PRESENT Mayor Betty Turner Mayor Pro Tem Clif Moss Council Members: David Berlanga, Sr. Leo Guerrero * Frank Mendez Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 1, 1987 9:00 a.m. 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 Council Member Pruet, who also led the Pledge of Allegiance to the Flag of the United States. A motion was made by Council Member Pruet that the Minutes of the Regular Council Meeting of August 25, 1987 be approved as presented; seconded by Council Member Mendez and passed unanimously. Mayor Turner referred to the "The Heart of Corpus Christi Inc." and requested that at next week's Council Meeting each Council Member make one recommendation for appointment to "The Heart of Corpus Christi" Board of Directors. She stated that the person they are recommending needs to represent their district, someone who is willing to work and is interested in seeing the downtown rejuvenated. Mayor Turner also noted the establishment of a Sunset Committee which will critique the various Boards and Commissions, noting that Council Member Rhodes will serve as chairman of the committee along with Mayor Pro Tem Moss and Council Member Slavik, and that the committee will present a report to the Council in about three months. Engineering Services Director, Victor Medina, presented the Council with a brief report on the Highway Commission meeting which met in Austin, Monday, August 31st. He stated that it was a very successful meeting and that representatives from Corpus Christi went to Austin in support of the program which will provide approximately $100 million to be spent on arterial street improvements per year for a five-year project. 111CPfFtlMED finutes Regular Council Meting September 1, 1987 Page 2 In answer to a question from Council Member Pruet who inquired if the City can do the engineering prior to the availability of the money, Mr. Medina replied that some of the projects may be implemented by the City if the plans are already complete, but on some the state wants to design the street sections in accordance with their specifications, and then possibly maintain the streets. Mr. Medina stated that there will be a meeting on Thursday, September 3rd, to discuss the priority of streets recommended to the Commission for approval; the City is anticipating approximately $2.5 to $3 million per year; and the money will be available in the Spring of 1988. Mr. Medina noted that the Council will be presented a briefing on the meeting and a list of high priority streets which are to be considered. * * * * * * * * * * * * * Mayor Turner referred to the Board and Committee Appointments. The following appointments were made by the Council: Human Relations Commission Intergovernmental Commission on Drug & Alcohol Abuse Rev. Jimmy Miller Raymond Perez Michelle Villarreal Celina Cavazos Landmark Commission Mark Scott Govind B. Nadkarni Paula Gaut Lawrence Balderas Abel Alonzo Ambulance Advisory Council Virginia Brown * * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions, Items 1 thru 7, noting that Items 1 and 5 are withheld for further discussion. 1. M87-0304 Approving plans and specifications and authorizing receipt of bids on September 29, 1987, for sidewalk improvements along Everhart Road, Wooldridge Road, and Patton Street. 2. M87-0305 Approving plans and specifications and authorizing receipt of bids on September 29, 1987, for rehabilitation of the Runway 13-31 high intensity lighting system. Minutes Regular Council Meeting' September 1, 1987 Page 3 3. M87-0306 Approving Change Order No. 1 in the amount of $20,273.50 to the contract with King Construction Company, Inc. for the Flour Bluff Fishing Pier, which provides for an additional parking lot, a group shelter and sidewalk improvements. 4. M87-0307 Approving an engineering services contract with Jones and Neuse, Inc. to provide technical services associated with removing gasoline contamination from the groundwater near Bratton Road and Kram Street, and authorizing $18,450 from remaining contingency funds previously appropriated for the Nottarb Place Sanitary Sewer Improvements to cover the cost of the contract. 5. M87-0308 Awarding a contract in the amount of $49,850 to Tennessee Pipeline Construction Company to construct a water system surge relief facility at the Caldwell Street Pumping Station. 6. M87-0309 Accepting the L -Head Floating Dock Facility, and authorizing final payment of $18,765.80 to Meeco Marinas, Inc. 7. M87-0310 Scheduling a public hearing on September 15, 1987, on the closure and abandonment of a portion of Shely Street between Fig Street and Pineda Park Subdivision in H.E. Butt Park. No one from the audience spoke on the above items. A motion was made by Council Member Strong to approve Items 2, 3, 4, 6 and 7; seconded by Council Member Slavik and passed unanimously; Guerrero absent at the time the vote was taken. Council Member Mendez referred to Item No. 1 pertaining to the sidewalk improvements - Everhart Road, Wooldridge Road and Patton Street and inquired as to the decision on the new sidewalks, and Mr. Medina replied that all of the streets were requested by the Corpus Christi Independent School District; they are new sidewalks; and that top priority is given to pedestrian children. Mr. Mendez referred to a request he had made concerning street improvements in Calallen on Violet Road, and Mr. Medina replied that Staff will look into the matter and a report provided Mr. Mendez. linutes Regular Council Meeting' September 1, 1987 Page 4 Council Member Strong inquired about street improvements in the Glenoak neighborhood, and Mr. Medina stated that the City does not have the right-of-way on Glenoak. Mrs. Strong requested a list of the properties involved, and Mr. Medina replied that the Staff has been instructed to work on this as quickly as possible, and that Mrs. Strong will also be provided a report. City Manager McDowell stated that the City will probably have to go to condemnation on those parcels in the Glenoak area. Mayor Pro Tem Moss referred to Item No. 5 concerning the water system surge relief facility and noted that the estimate was $27,000; the consultant reevaluated it at $40,000; the lowest bids were 25 percent more which percentage -wise is quite a bit; and suggested that perhaps the project should be readvertised. City Manager McDowell stated that the difference is $9,000 which is not unusual. Mr. Medina stated there was not a lot of interest in this project and that a lot of calls were made before the bids were taken, and now the bids have been exposed. City Attorney George stated that the Council always has the right to reject any and all bids, but pointed out that in this case the rest of the bids have been revealed. Mr. Moss stated that he would like to see if he could get other bidders interested in proposing a bid and that local contractors are capable of doing this project. No one spoke in regard to Items 1 and 5. A motion was made by Council Member Mendez to approve Items 1 and 5; seconded by Council Member Pruet and passed; Moss voting "No" on both items. Guerrero and Slavik absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings, noting that Items 12, 18 and 19 are withdrawn for further discussion. No one spoke in regard to the above Items. City Secretary Chapa polled the Council for their votes and the following were passed: finutes Regular Council Meeting' September 1, 1987 Page 5 8. RESOLUTION NO. 19949 AUTHORIZING THE EXECUTION OF A CONTRACT WITH GOLDSTON ENGINEERING, INC. FOR THE DESIGN OF MUNICIPAL MARINA IMPROVEMENTS IN THE AREA NORTH OF THE PEOPLES STREET T -HEAD; AND APPROPRIATING $79,900. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes and Strong voting, "Aye"; Guerrero and Slavik absent at the time the vote was taken. 9. RESOLUTION NO. 19950 AUTHORIZING THE EXECUTION OF CONTRACTS WITH J & B CONTRACTORS, INC. D.B.A. SOUTH TEXAS UTILITY CONTRACTORS, FOR THE WATERLINE ADJUSTMENTS AT THE INTERSECTION OF OLD BROWNSVILLE ROAD AND PADRE ISLAND DRIVE AND PADRE ISLAND DRIVE NEAR CAMRON STREET; APPROPRIATING $400,000. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes and Strong voting, "Aye"; Guerrero and Slavik absent at the time the vote was taken. 10. RESOLUTION NO. 19951 AUTHORIZING THE EXECUTION OF A CONTRACT FOR ACQUISITION OF LOTS 9, 10, 11 and 12, BLOCK 89, BEACH PORTION; AND APPROPRIATING $380,495. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes and Strong voting, "Aye"; Guerrero and Slavik absent at the time the vote was taken. 11. ORDINANCE NO. 19952 CLOSING AND ABANDONING THE 15 -FOOT PUBLIC ALLEY 7, 8A and 26A, BLOCK VIII, OCEAN VIEW ADDITION BELOW; PROVIDING FOR SEVERANCE; AND DECLARING AN The Charter Rule was suspended and the foregoing following vote: Turner, Moss, Berlanga, Mendez, voting, "Aye"; Guerrero and Slavik absent at the 13. ORDINANCE NO. 19954 ADJACENT TO LOTS 1 THROUGH SUBJECT TO THE PROVISIONS EMERGENCY. Ordinance passed by the Pruet, Rhodes and Strong time the vote was taken. CLOSING ONE LANE OF TRAFFIC FOR A BICYCLE RACE SPONSORED BY THE CORPUS CHRISTI BICYCLE CLUB FROM 7:00 A.M. to 8:00 A.M. ON OCTOBER 11, 1987, ALONG THE EAST LANE OF THE NORTH BOUND PORTION OF OCEAN DRIVE, SHORELINE BOULEVARD, I.H. 37, HARBOR BRIDGE, AND NUECES BAY CAUSEWAY; REPEALING RESOLUTION 19893; AND DECLARING AN EMERGENCY. 4inutes Regular Council Meeting' September 1, 1987 Page 6 The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes and Strong voting, "Aye"; Guerrero and Slavik absent at the time the vote was taken. 14. FIRST READING ANNEXING A 26,593 SQUARE FOOT TRACT OF LAND OUT OF LOT 8, SECTION 11, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, OWNED BY ENCINO-CIMARRON AND ENCINO-CIMARRON 62, LTD. The foregoing Ordinance passed on first reading by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes and Strong voting, "Aye"; Guerrero and Slavik absent at the time the vote was taken. 15. FIRST READING AUTHORIZING THE EXECUTION OF A CONTRACT WITH AMLOCK, INC. FOR THE PLACEMENT OF SELF-SERVICE PARCEL LOCKERS AT THE AIRPORT. The foregoing Ordinance passed on first reading by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes and Strong voting, "Aye"; Guerrero and Slavik absent at the time the vote was taken. 16. SECOND READING AUTHORIZING A LEASE AGREEMENT WITH THE AMERICAN LITTLE LEAGUE FOR FIVE YEARS IN BOTSFORD PARK FOR USE AS A RECREATIONAL AREA. The foregoing Ordinance passed on second reading by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes and Strong voting, "Aye"; Guerrero and Slavik absent at the time the vote was taken. 17. SECOND READING AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 39, PERSONNEL, BY ADDING A SECTION 39-18, RESIDENCY OF OFFICERS AND EMPLOYEES; PROVIDING FOR SEVERANCE. The foregoing Ordinance passed on second reading by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes and Strong voting, "Aye"; Guerrero and Slavik absent at the time the vote was taken. 20. ORDINANCE NO. 19956 AMENDING THE LANDMARK PRESERVATION PLAN BY ADDING A NEW CHAPTER VII ENTITLED, HISTORIC OVERLAY REGULATIONS. Minutes Regular Council Meeting September 1, 1987 Page 7 The foregoing Ordinance passed on third reading by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes and Strong voting, "Aye"; Guerrero and Slavik absent at the time the vote was taken. 21. ORDINANCE NO. 19957 AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE PADRE LITTLE LEAGUE FOR A TRACT OF LAND OUT OF THE HOLLY ROAD RESERVOIR FOR A RECREATIONAL AREA. The foregoing Ordinance passed on third reading by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes and Strong voting, "Aye"; Guerrero and Slavik absent at the time the vote was taken. 22. ORDINANCE NO. 19958 AUTHORIZING THE EXECUTION OF A THREE YEAR GRAZING LEASE AGREEMENT WITH ARLAN BRUNE AND GARY CLANTON FOR A 3.9 ACRE TRACT OF LAND LOCATED OFF HEARN ROAD. The foregoing Ordinance passed on third reading by the following vote: Turner, Moss, Berlanga, Mendez, Pruet, Rhodes and Strong Voting, "Aye"; Guerrero and Slavik absent at the time the vote was taken. * * * * * * * * * * * * * * Council Member Guerrero arrived at 10:05 a.m. In reference to Item No. 12 concerning the Aubrey Street Closure, Council Member Rhodes inquired who this is being sold to and the reason for the sale. Mr. McDowell replied that this was sold sometime ago to Gray Trust; the City is in the process of officially closing the street which is not needed. In reference to Item No. 18 concerning Use Privilege Agreements, Council Member Rhodes stated that she is going to vote against this item. She referred to the fact that in the memo that was presented the Council it states that someone other than the City Council or the Planning Commission would have the right to make decisions on giving away access encroachments of public land and stated that she did not think the Council should give up this decision making; it is public land; it should go thru the process; and that the decision should not be made in the Engineering Department. City Manager McDowell stated that the Staff felt this cleaned up some administrative problems, and he had no feeling one way or the other on the matter. Council Member Strong noted that the way this is set up, the Council still has the control of this; the public's rights are guaranteed; and she felt the protection is there. linutes Regular Council Meeting September 1, 1987 Page 8 Mr. McDowell pointed out that most of these deal canopies or brick veneer, and that the Staff's feeling these things were minor and they are trying to bring it portion of the charter. He also noted that if there was that could be taken out. with building facades, was that the nature of into conformance with a a concern with fences, Council Member Pruet stated that he hoped the Council had more important things to do and that the Staff should be able to handle this. Council Member Mendez referred to the canopy and fence situation and the fees that are charged. He stated that there should be a distinction between the two items. Mr. McDowell stated that Staff could adopt a proposed fee schedule and provide it to the Council for their concurrence. He also noted that if one of these is granted and there is a concern, that the Council can be notified. Mr. Medina stated that the fee is relative to the matter, and that the Staff is trying to cover the cost of the paper work that has to be completed. Council Member Berlanga stated that they have been dealing with problems of this nature for some time; they have depended on the Staff to render judgment; and that the Staff should proceed with the handling of this. Mr. McDowell pointed out that a lot of these come up when properties are sold and the title company does a search. Council Member Strong stated the $100 fee is the same for a fence as it would be for a canopy or brick veneer; the purpose is to reimburse the City Staff's time; she thought a blanket fee is a smart way to go; and that the safeguards are there. In answer to a question from Council Member Slavik concerning minor encroachments and perhaps rewording the Ordinance, Mr. McDowell stated that there might be an appeal if the application was denied. In answer to a question from the noted that Staff tried to define the building facades and canopies, light cover signs. Mayor about the word minor, Mr. McDowell word minor; the intent is to deal with fixtures, etc.; and that this does not In answer to a question from Mrs. Slavik about waiting to adopt this until the decision on the landscape ordinance is made, Assistant City Manager Elizondo stated he did not see anything wrong with adopting this now; the landscape ordinance will have something different and does not encourage any type of improvements in public rights-of-way. linutes Regular Council Meeting • September 1, 1987 Page 9 City Attorney George stated that the City Council has the authority to grant these kinds of things or not; every time you start delegating back to the Staff, you have to look at whether that is a reasonable delegation or not; they reviewed this ordinance and determined the language was sufficient for the Staff to make that decision; and that the guidelines established in the ordinance would pass any kind of legal challenge. Council Member Strong suggested a minor revision to add Item J which would provide a quarterly list to the City Council of all variances that have been approved by the Staff. Mayor Turner suggested that Item D should be revised from sixty days to ninety days, so that the public and the City will be protected. A motion was made by Council Member Strong to amend No. 18 prior to the second reading by revising Item D from sixty days to ninety days, and by adding Item J which will provide a quarterly list of variances granted by the Staff to the City Council. The motion was seconded by Council Member Slavik and passed unanimously. Council Member Berlanga referred to Item No. 19 concerning the reorganization of Cable TV franchise ownership and mentioned the number of complaints he has received in the past about no one answering the phone. He asked if the other Council Members had received complaints and if the problems had been resolved. Mr. Randy Grimes spoke on behalf of the cable company and stated that they previously had a phone system which did not meet their needs as anticipated; on July 24th of this year they changed to another system which is now managed by Southwestern Bell; and that they now have additional trunks to handle more calls. He continued by stating that if there is a major outage it will be difficult to get into the phone system. Mr. Grimes explained the new system which will be installed by the middle of November and which is similar to the airlines type of service. He stated that they expect a wait of no longer than five minutes on an extremely busy day to have a call answered. Mayor Pro Tem Moss and Council Members Rhodes, Guerrero and Strong stated that there were a lot of problems in the beginning; they have now been cleared up; and that they have not received any complaints. Mr. Bill Darby, 626 John Lee, spoke in reference to Item No. 18 and stated that the Council is giving the Staff a considerable amount of authority to allow variances and that in the future zoning changes will be requested. He stated that the Council should have the authority and it should not be turned over to the Staff. Mayor Turner explained they will be submitting a list to the Council on a quarterly basis and that could be revised or repealed. iinutes Regular Council Meeting September 1, 1987 Page 10 Council Member Slavik expressed concern about minor encroachments and inquired if there is an appeal to the Council, and Mr. George replied in the affirmative. He pointed out that Mr. Darby is addressing a different issue than what this ordinance is addressing and is referring to erecting a sign that requires a zoning change, but that Mr. Darby made a good point. Mayor Turner stated that Mr. suggested additional rewording. Darby raised some interesting concerns and A motion was made by Mayor Pro Tem Moss to amend No. 18 by defining encroachment; seconded by Council Member Slavik and passed unanimously. City Secretary Chapa polled the Council for their votes and the following were passed: 12. ORDINANCE NO. 19953 CLOSING AND ABANDONING THE PORTION OF AUBREY STREET RIGHT-OF-WAY BETWEEN NORTH SHORELINE BOULEVARD AND WATER STREET, SUBJECT TO RETAINAGE OF A 10 -FOOT WIDE DRAINAGE EASEMENT AND A 10 -FOOT WIDE UTILITY EASEMENT; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes. Slavik and Strong voting, "Aye." 18. SECOND READING AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, BY ADDING A NEW SUBSECTION TO ARTICLE I THEREOF, WHICH PROVIDES FOR AUTHORITY OF THE CITY MANAGER OR HIS DESIGNEE TO ISSUE STANDARD FORM USE PRIVILEGE AGREEMENTS, ADOPTING A STANDARD FORM DOCUMENT, AND ESTABLISHING A FEE THEREOF; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Slavik and Strong voting, "Aye"; Rhodes voting, "No." 19. ORDINANCE NO. 19955 CONSENTING TO THE ASSIGNMENT OF THE CABLE TELEVISION FRANCHISE FROM ATHENA CABLEVISION OF CORPUS CHRISTI, INC. TO TCI CABLEVISION OF TEXAS, INC. The foregoing Ordinance passed on third reading by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye." iinutes Regular Council Meeting September 1, 1987 Page 11 * * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 23 pertaining to the regulating of commercial animal establishments to prevent the inhumane treatment of animals. No one spoke in regard to this item. City Secretary Chapa polled the Council for their votes and the following was passed: 23. FIRST READING AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR THE REGULATION AND GRANTING OF PERMITS TO CONDUCT THE BUSINESS OF GROOMING, BREEDING, SHOWING, EXHIBITING, OR BOARDING OF ANIMALS; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY. The foregoing Ordinance passed on first reading by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * * Mayor Turner inquired if any of the Council Members had liaison reports. Council Member Guerrero presented a brief overview of a letter the Council had received from City Manager McDowell in reference to the Aquarium Association which indicated. that the Council needs more representation on the Aquarium Association dealings. He stated that he had a meeting with the association and they feel an effort is being made to sabotage their efforts in the progress, and that he thought one member of the Council was sufficient representation. He referred to Donald Taft who is the person appointed from the community who attends the meeting when Mr. Guerrero does not. Mr. Guerrero expressed concern that it could be another landmass developing and stated that we need to proceed with the development and the fund-raising. He also stated that when we committed the monies from the City, there were no strings attached. He continued by stating that the City has had the contract for approximately 2 to 3 months; they feel that we are not giving them a full agenda; and if the Council needs something from the association, he needs to know what it is. Mr. Guerrero requested that a motion be passed expressing support. Minutes Regular Council Meeting September 1, 1987 Page 12 Council Member Strong expressed the opinion that she felt the two liaisons are adequate, and that she thought it was important that they have full access to whatever they need to protect the public's interest in the Aquarium Association. She stated that in reference to "no strings attached," that is true up tc a point, but that when we sell the $10 million bonds this year we have a public interest which has to be protected. She noted that once we invest the $10 million into the building, we have to be guaranteed that their fund-raising efforts will be carried out. Mr. Guerrero noted that final negotiations are in the process for the contractor, and that the Council was represented as far as a local contractor is concerned. He stated that he feels good about what is happening. Council Member Pruet stated he applauded the final paragraph of the letter from the City Manager; he agreed with Mr. Guerrero as far as the concept of the Council liaison; and that there will be a point and time when some strings will have to be attached. He further stated that he thought a vote of support was perfectly in line and would second the motion supporting the concept of the Council liaison being the level of representation that the Council wants. In answer to a question from Council Member Slavik concerning the letter, Mr. McDowell stated that there have been productive discussions with the association; we got into an area now that we are going to invest public dollars is more representation required and they asked that we clarify that; he sent the letter to the Council to solicit their input; and we can now put that issue to rest. He continued by stating that we are proceeding along with them on the same guidelines as with the Watergarden and Science Foundation. He also stated that the association is finalizing their numbers and indicate they will have the $4.6 million committed by the end of December; we then can get the contract finalized; we have all the information we need from them; some loose ends were just cleaned up; and that it was not an attempt to take over the association. Discussion followed and Council Member Strong pointed out that it was only proper that the City Manager sent the letter to the Council because the final decision is made by them. She then made a motion affirming the status of the liaisons as being the official representation, and reaffirming the Council's total support of the aquarium project. The motion was seconded by Council Member Pruet and passed unanimously. In reference to the Boat Pass, Council Member Strong stated that until the official presentation of the Impact Study she did not want to make any comments on it. She provided an update that there has been some reorganization of the Reopening of the Packery Channel Association; they are seeking new members; and that they are taking a prominent part in the permitting process. She stated that the Port of Corpus Christi has committed to contribute any and all Staff support necessary for the permit. She stated that once the impact study is accepted, the Council might take steps toward reopening of that channel and that working drawings and a true cost estimate will be needed. linutes Regular Council Meeting' September 1, 1987 Page 13 Mrs. Strong referred to the issue of the bridge and stated that it was important to get a group to petition the Highway Commission to consider placing the bridge on their ten-year priority list. She noted that we would not need the bridge if we did not get the boat pass. City Manager McDowell stated that the Council was presented the final draft and if there are no changes or corrections the final version will be presented next week. Council Member Slavik expressed concern and stated that she thought the presentation would be made next week and then the Council could ask questions. City Manager McDowell stated that they will present the final form of the report at next week's meeting; they will answer questions; and close the contract. He stated this is merely the economic impact of reopening the channel and what it would do for the community. He also noted that this report is not an endorsement, it is strictly economics. Council Member Pruet referred to the figures they used for an average expenditure on boats and inquired how they arrived at the $5.00 figure. He also referred to the numbers of boats registered with Parks & Wildlife and inquired if there are a significant number of boats registered with agencies other than Parks and Wildlife. Mr. McDowell stated that he thought all boats would be licensed, but that they may not be documented because documented boats are not registered with Parks and Wildlife. Council Member Strong ventured a guess that all larger boats are documented boats, and that, large fishing boats and a large number of sailboats are not listed with Parks and Wildlife. She stated that she thought the expenditure figure was inaccurate and wanted to know how they arrived at their figures. Council Member Rhodes stated that she was not on the Council when the report was requested and inquired about the purpose, and Mrs. Strong replied that the Council wanted to know the effect the boat pass would have on the community. Council Member Rhodes pointed out that the press was not able to get copies of the study; once something is released to the Council that was paid for with public money it should be released to the press; it was not a confidential report; and that should be the policy in general. City Manager McDowell stated that we make a distinction between when we provide the Council with a working document, and when it is presented officially to the Council on the agenda it is then immediately provided. He noted that this was not the final report; it was a working document; and that working documents or drafts have not been provided in the past. Mr. McDowell then stated that Staff needs some guidance on this matter because it does create problems. linutes Regular Council Meeting September 1, 1987 Page 14 Council Member Rhodes stated that their guidance ought to be when something like this goes out to the Council, the press ought to be given copies; it ought to be our policy to give instructions to the Staff to provide this information to the press. Mayor Pro Tem Moss mentioned the fact regarding documented boats, that is done primarily for boats that can go off shore and go to foreign ports. Council Member Strong mentioned that there have been a lot of problems with the press getting information before the Council has access to it; the Council should have the information before the press so that they know what is going on when they are asked questions. She stated that as chairman of this particular committee, she wanted the report before it was released to the public; she is uncomfortable with the press having it before the Council has had a chance to review it; and that the report had not been paid for or accepted. City Attorney George referred to the Open Records Act and stated that a distinction should be maintained between a working draft record or a final draft record. He stated that from what he understood this was sent out as a working report, and if there were any questions or changes the Council had, they would be asked this week so that the consultant could respond to them. Council Member Slavik expressed concern because the report was stamped "draft internal use only" but yet it is subject to the Open Records Act. Mr. George noted that was the stamp that the consulting firm put on it; and when they get the final report from the Council, it will be a final draft. Council Member Mendez stated that whenever the Council receives a document, he did not see any problem with the media having access to it. He stated that once he receives something, he would like a chance to review it before making a comment and that there should be a distinction. Council Member Rhodes stated that it is the intent of the Open Records Act for the press to have access to the information that is released; it is a policy decision; and we ought to make a clear statement that this is a Council that has an open policy. Council Member Strong concurred with Mrs. Rhodes but noted that she has an exception in this particular issue. She noted that she is the liaison person in this case and was out of town and did not see the report. She stated that there is a problem with how it is handled and with an issue that is complicated when there are questions that need to be answered. A motion was made by Council Member Rhodes that once the Council is sent information, whether it is marked draft or not, and if it is not dealing with information which should be discussed in closed session, then it ought to be available to the press. The motion was seconded by Council Member Guerrero and passed unanimously. linutes Regular Council Meeting' September 1, 1987 Page 15 Council Member Berlanga referred to the Executive Committee on the downtown revitalization and inquired if it would dissolve the task force, and the Mayor answered in the affirmative. Mr. Berlanga noted that after the Executive Committee is appointed, more action will be taken. Council Member Mendez spoke in regard to the Economic Development Corporation and stated they met last week and are in the process of discussing the opening of a Farmers Market. Mr. Mendez also mentioned the Chamber of Commerce Economic Outlook Symposium to be held on Tuesday, November 10th and asked the Council to set aside that morning to attend the meeting. Mayor Pro Tem Moss stated that the Regional Transit Authority will be meeting on Wednesday, September 2nd. Mayor Turner made reference to the taxi drivers' shirts and noted that they were provided by the owners of the Sunrise Mall and that Council Member Guerrero was responsible. In reference to the Corpus Christi Area Convention and Visitors Bureau, Council Member Pruet spoke of receptions held here in Corpus Christi, one being the American Bowling Congress Site Selection; they looked at the Bayfront Plaza and the coliseum and it could bring about $15 million into the City's economy. He stated that the convention will be in 1992 and the site selection will be made in February. Mr. Pruet also stated that the Texas Society of Association Executives were here and went on a cruise on the Bay Princess. He noted that they will be making recommendations as to where their convention will be held. Mr. Pruet mentioned that our City had representatives that attended an Exhibition of Association Executives in New York City and that Corpus Christi was one of four cities cited for their display booths at the exhibition. The meeting was recessed at 11:30 a.m. * * * * * * * * * * * * * * * * Mayor Turner reconvened the Regular Council Meeting at 2:00 p.m. and recognized Mr. Gary Bushell for a presentation. Mr. Bushell, Director of the Corpus Christi Area Economic Development Corporation, made a slide presentation that was presented on the recent far east trip to Yokosuka, Japan and Keelung, Taiwan, noting that it is the same presentation made on other development trips. Mr. Bushell noted that included in their presentation are the locations for the maquiladora plants, an explanation of the Foreign Trade Zone operation, the asset in this area of abundant available land, and information in regard to the new Westinghouse Plant that will be utilized for the construction of air ships. 4inutes Regular Council Meeting September 1, 1987 Page 16 Mr. Bushell then showed slides of the visit made by the Mayor, Council Members, and other dignitaries to the Sister Cities of Keelung and Yokosuka and also showed points of interest in those cities. Mr. Bushell continued by explaining that the delegation discovered a great effort on the part of those cities to move their products off shore. He stated that the Corpus Christi delegation had presented proposals to urge them to consider shipping through the Port of Corpus Christi and called to the Council's attention various copies of publications that he had presented to them including copies of articles on a number of corporations in Japan and Taiwan. He assured the Council that the Development Corporation personnel are doing everything possible to advertise the advantages of this City and the possibility of maquiladora plants. He informed the Council of the positive response from several far eastern companies that plan to send representatives to Corpus Christi in the near future. Mayor Pro Tem Clif Moss noted that included in the slide presentation was a picture of the Tucson, Arizona office and inquired if the City of Corpus Christi should have a similar office. Mr. Bushell replied that the City does have an office but it is not in the Foreign Trade Building. Mr. Moss then inquired if the United States has a Patent Treaty with Taiwan, and Mr. Bushell stated that they do. Mayor Turner thanked Mr. Bushell for the presentation. * * * * * * * * * * * * * * Mayor Turner announced the public hearing on the following item: Adopting the London Area Development Plan: An element of the Comprehensive Plan. Mr. Larry Wenger, Director of Planning, explained that this is the first of twelve area plans which would be considered by the City Council. He explained the various hearings that have been conducted in the London area; stated that the staff had made revisions to the plan as suggested by the residents of the London area; the plan was developed in accordance with the policy elements adopted by the City Council; and stated that the major purpose of preparing the plan is to identify the plans for streets, commercial use, residential use, parks, etc. He explained that after adoption, the plan will be used by the City staff in planning streets, obtaining rights -of -ways, etc. Mr. Wenger located the London area and explained the limits of that area noting that it is south of Oso Creek. He then located various landmarks in the area and stated that it is sparsely populated at this time. He explained the various existing uses in the area which is predominately agricultural in nature. He noted that the location of Cabaniss Field in the area makes it necessary to prepare a plan for future development in accordance with the limitations of that airfield. He also reminded the Council that a traffic loop expressway concept was adopted by the City Council several months ago. linutes Regular Council Meeting September 1, 1987 Page 17 Mr. Wenger then displayed a map of the proposed land use as recommended by the Planning Commission, noting that the area contains about 18 square miles, and pointed out that the map indicates not only the recommended use but the locations of the various parks. Mayor Pro Tem Moss inquired about the flexibility of this type of plan once it has been adopted, and Mr. Wenger explained that this is a generalized land use plan that is flexible and can be amended as necessary in the future. Mayor Turner then called for comments or questions from the members of the audience, and most of the residents or property owners of the area indicated their support of this plan. Mr. Julius Zdansky stated that his family has lived in that area for a number of years and complimented the Planning Department for their foresight and efforts in preparing this long-range plan for the area. Mrs. Jo Meadows stated that she has lived on Chapman Ranch Road for thirty years and inquired if the expressway plan is a definite location. City Manager McDowell stated that it is in accordance with the plan previously approved by the City Council, but that the final decision will be made by the State Department of Highways and Public Transportation. Mr. Wenger displayed the proposed plan for the expressway which was presented to the Council several months ago. Mrs. Meadows then questioned how permanent the proposed plan is if the expressway location is not definite, and Mayor Turner explained that the plan was prepared in.accordance with the facts that are available at this time. Mr. Henry Boswell stated that he understood that the expressway will be about 100 feet west of a service station owned by his family, and Mr. Wenger stated that the freeway will take in Chapman Ranch Road as well as the area west of it and probably the expressway will require the relocation of the service station. No one else spoke in regard to this subject. A motion was made by Council Member Guerrero that the hearing be closed, seconded by Council Member Mendez and passed unanimously. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed on its first reading: FIRST READING ADOPTING THE LONDON AREA DEVELOPMENT PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN. linutes Regular Council Meeting September 1, 1987 Page 18 The foregoing Ordinance passed on its first reading by the following vote: Turner, Berlanga, Guerrero, Moss, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner announced the public hearing on the following zoning application: 25. Application No. 887-1, Nueces Associates, Ltd.: For a change of zoning from "R -1B" One -family Dwelling District with a "SP" Special Permit to "B-1" Neighborhood Business District, being a portion of Lots 1, 2, and 3, Block 8, Cullen Place, Unit 1, located on the east side of Airline Road, approximately 130' south of Belmeade Drive. Mr. Wenger stated that the applicant actually just wants to revise the Special Permit on this property to install a bakery which allows the owner to have a few tables to serve donuts and coffee. Mayor Turner inquired if the Special Permit was acceptable to the applicant, and Mr. Wenger replied in the affirmative. Council Member Guerrero stated that on one of the responses to the notice of the public hearing, the writer mentioned the fact that on the original site plan was a right -turn lane plan that was never implemented, and Mr. Wenger explained that when this particular project was developed, the right -turn lane was not installed because the capacity was not great enough to warrant it. He stated that this was a decision made by the Traffic Engineering Department, but the developer dedicated the right -turn lane right-of-way to be used at some future date. Mayor Pro Tem Moss suggested that a bakery might be a good customer for use of City gas. Council Member Rhodes stated that she had received calls from property owners in the vicinity who objected to this Special Permit because the developer of the shopping center had indicated that there would be no restaurants located in the area, but two are already located there. She stated that the citizens are concerned that the intentions of the developer are not being followed. She stated that the same property owners had complained about the street sweeping operations that occur at night and disturb the neighbors. Mr. Wenger pointed to the adjacent B-1 property and stated that restaurants are allowed in B-1 zoning, and only this particular area has a Special Permit. Council Member Strong stated that she examined this area very carefully over the weekend and stated that there is a restaurant that has a bar sign but it is located inside the restaurant; the grounds and parking area are very well maintained; there is a fence between the business property and the adjacent residential area; and she felt that the Special Permit should be granted. Minutes Regular Council Meeting September 1, 1987 Page 19 Mayor Turner called on the applicant to speak. Mr. John Tatum, partner in Nueces Associates, Ltd., explained that they really do not want to change the zoning to B-1 but merely wish to revise the existing Special Permit to allow for the serving of food in that location. He stated that he had approached the property owners in the area to explain their plans and most of the owners indicate that they have no objection to the revised Special Permit. He explained that a bakery owner had approached them about the possibility of leasing property for a bakery with a small serving area. He then referred to a petition circulated by his company which was signed by 27 out of 33 property owners that they were able to contact. He stated that all but one had indicated that they had no objection to the Special Permit for the intended purpose. Mr. Tatum continued in regard to the complaints Mrs. Rhodes had mentioned and stated that there are definite hours allowed for clean-up including street sweeping and he believed that this was designated as after 8 a.m. He admitted that when they initially opened, there was some violation of that time, but in response to the neighbors' complaints, his company has changed cleaning companies and understands that they are operating within the specified hours. Speaking in opposition to the zoning application was Mr. Charles Coad, President of Cullen Place Unit 1 Neighborhood Association. Mr. Coad expressed opposition to the company making the request because they have not complied with the terms of their previous zoning request. He mentioned that they had stated that they would have 24-hour security but they do not; they stated that they would have a member of their firm on the premises at all times, and they have not; he alleged that one of the petitions presented to the Council when they first obtained their Special Permit had forgeries of the names on it; and there were ten stipulations on their Special Permit which they stated would also apply to the entire shopping center, including the statement that there would be no restaurants in the center, yet there are already two restaurants and the combination of odors is very unpleasant in the neighborhood. He stated that he actually has no opposition to the bakery but their problem is that the company has no accountability and has done everything they wanted to in spite of the statements made during the public hearings. Mr. Tatum admitted that they do not have a local manager on the premises at all times, but Mr. Robert Graham is in the center three days a week and is available by local telephone at 851-8225. No one else spoke in opposition to this zoning application. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Strong and passed unanimously. Minutes Regular Council Meeting September 1, 1987 Page 20 Council Member Guerrero stated that he would like the records to reflect that he will abstain from voting on this because the bakery in question is T.J. Cinnamons which is in litigation with Sunrise Mall, of which he is Manager. City Secretary polled the Council for their votes and the following was passed: 25. ORDINANCE NO. 19959 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF NUECES ASSOCIATES, LTD. BY GRANTING A REVISED SPECIAL COUNCIL PERMIT REWORDING CONDITION 5 OUT OF THE ORIGINAL ORDINANCE 19087 ON A PORTION OF LOTS 1, 2, AND 3, BLOCK 8, CULLEN PLACE UNIT 1; AND DECLARING AN EMERGENCY The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Mendez, Moss, Pruet, Rhodes, and Strong voting, "Aye"; Berlanga and Slavik voting, "No"; Guerrero abstained from voting. * * * * * * * * * * * * * * * Mayor Turner called for the discussion of the automobile parking on the People's Street T -Head. City Manager McDowell stated that staff presentation and recommendation would be the same as Mr. Bob Bruner, Marina Superintendent, reported to the Council on August 18, 1987 at the meeting conducted at the Tuloso-Midway/Rand Morgan High School. Council Member Strong expressed the opinion that a further staff presentation would be in order and the Council indicated their concurrence. Mr. Bruner displayed a Phase I Plan of the People's Street T -Head which now contains canopies to make the landmass more people -oriented. He stated that the traffic flow has become quite a problem; there was some head -in parking, some parallel parking, and a disorganized parking plan including a tendency by motorists to double park to purchase shrimp and ask directions. He stated that the T -Head contains a number of commercial fishing and party boat operations, and the staff had made the decision to install parallel parking on the north side of the stem of the T -Head with a limitation of two hours and on the south side of the stem, they had established parking with 20 -minute limitations. He explained that the reason for this was to allow people to park for a short time, purchase shrimp, ask questions, etc. to eliminate the practice of double parking for this purpose. Minutes Regular Council Meeting September 1, 1987 Page 21 Mr. Bruner continued by stating that there were other operations on the T -Head including the wholesale fish sales loading operation which has been moved to the barge dock, which is not entirely satisfactory but has alleviated some of the problems on the People's Street T -Head. He stated that they will continue to monitor this and try to work out a better plan. He stated that the patrons of the party boats will now have to park in the parking lot; the parking space on the right side of the stem has been limited to 20 minutes which will allow for better movement of traffic; and assured the members of the audience that the staff is still working on a right -turn lane possibility and different signalization to allow for people exiting the T -Head to do so in a more timely fashion. Mr. Victor Medina, Director of Engineering, stated that they should have those plans complete within two months to allow for right -turn lane for those departing the T -Head. Speaking in opposition to the current parking plan was Mr. George Polinard, 4701 Andover, who stated that he is a commercial bay shrimper. Mr. Polinard pointed out that the People's Street T -Head is the smallest of the three landmasses, yet it has the most commercial enterprises on it. He noted that the L -Head has two restaurants and a bait shop as well as the Corpus Christi Yacht Club, various shrimp boats, and a commercial boat haul -out service. He alleged that there is preferred parking on the L -Head including signs posted outside the Corpus Christi Yacht Club which indicate that the parking is for members and guests only. He objected to this preferred treatment when the operators of the shrimp boats are not allowed to have any preferred parking. He mentioned other incidents of reserved parking for various officials. He objected to the fact that there is so much commercial activity on the People's Street T -Head which has created an excess amount of traffic because of its tourist drawing power. Mr. Polinard suggested that in order to resolve this problem that one parking permit sticker be issued to each slip renter in order that they will be allowed to park in the existing 20 minute area at any time for as long as required. He explained that the reason he is requesting this is because they have heavy equipment to carry from their trucks to and from their boats; they object to the parking lot because of its distance from their boats; the parking lot is insecure because there is no policing of the area; and if the shrimpers are allowed to park near their boats, their friends and fellow workers are there to watch their trucks which often have expensive equipment in them. Mrs. Denise Polinard continued their presentation and pointed out that the shrimpers are an asset to the community because tourists like to come to the T -Head to talk to them, and in their opinion, this is entertainment provided by the shrimpers, yet no consideration is given to the owners of the shrimp boats. She urged that the Council give consideration to the issuance of parking stickers to allow them to park near their boats. Minutes Regular Council Meeting September 1, 1987 Page 22 Mr. Max Franklin expressed the opinion enforced and stated that the 20 -minute parking fairly enforced. Mayor Turner inquired if the ordinance is when the Council approved it. that existing laws should be regulations are not even being already in effect, and if so, Mr. Bruner explained that it is in effect; the Code of Ordinance indicates that the Marina Superintendent may establish appropriate parking areas including designating parking lots and curb parking on the Marina. He explained that even though the law has been in effect, following the complaints registered at the meeting two weeks ago, the Marina personnel discontinued enforcing the law so strictly. He explained policing consists of a Meter Maid who operates on the Marina from 8:00 - 5:00 and by Marina personnel in the evening. Council Member Mendez addressed his remarks to Mr. Polinard and stated that he assumed that he was requesting that they be allowed to park as long as they like near their boats. Mr. Mendez expressed the opinion that the sale of shrimp and the convenience to the customer would greatly improve their business. Mr. Polinard spoke again and read a report which indicated that most of the renters of slips on. the Marina objected to the new parking plan. Council Member Guerrero inquired if all of the boats selling shrimp actually are selling catch of the day shrimp and do actually catch their shrimp, and Mr. Polinard stated that they do not because he catches his own shrimp; he does not sell it; but most of the people selling shrimp do not actually go out and catch it. Council Member Slavik inquired of Mr. Polinard if he is asking for a parking permit for a particular space and Mrs. Polinard explained that they were not but just wanted to be near their boat dock. She expressed the opinion that the customers purchasing shrimp could park in the parking lot and walk to the boats. Council Member Slavik expressed concern about the lack of security in the parking lot on the T -Head, and Council Member Guerrero stated that the security issue is not the solution because there is no way that someone can watch parked cars all of the time. Council Member Guerrero then made a motion that the City Council support the staff plan for parking on the People's Street T -Head. Mr. William Sissamis stated that he has been shrimping for about ten years; he mentioned the cost he pays to the City and objected to the parking limitation and referred to it as harassment by the City. He also requested that one parking permit be issued for each slip renter. Minutes Regular Council Meeting September 1, 1987 Page 23 Another gentlemen parking on the north suggested the parking stem. Mr. Bill Cliburn owners to park on the the south side. from the audience stated that he felt that the parallel side could be utilized by the shrimp boat owners and passes be issued for parking on the north side of the agreed with this recommendation to allow the shrimp boat north side and leave the 20 minute parking limitation on Council Member Berlanga expressed appreciation to the shrimpers who provide a tourist attraction for the City and suggested that some consideration should be given to them. He agreed that the space across the street would be preferable for their parking and expressed the opinion that the 20 -minute limitation on the south side to allow customers to approach the boats should remain. Council Member Mendez inquired as to how many spaces were lost when the City converted from head -in parking on the north side to parallel, and Mr. Bruner replied twelve. Mr. Bruner agreed that there is a problem of storage of the shrimpers' equipment because the gear boxes are rather small. He questioned how the staff could support issuing stickers for owners, noting that it would be impossible to enforce this plan. In response to a question from Council Member Mendez, Mr. Bruner stated that there are 37 shrimp boats, and in his opinion, the parallel parking on the north side has been very successful. Council Member Strong pointed out that when the City makes changes, it is never easy. She pointed out that the City is in a state of change now; there is a need to consider the people use and people needs on the T -Heads; and she felt that the changes that staff has made are good ones. She agreed that evidently the shrimpers need a place to load and unload; they need a place to store their materials; and they need a safe place to park. She asked that the staff return to the Council with some suggestions to address those particular concerns, suggesting that larger gear boxes be considered. She stated going back to the old way of parking would be inappropriate at this time. She then seconded Council Member Guerrero motion to support the staff recommendation for parking with the understanding that the staff will attempt to address the shrimpers concerns. Council Member Slavik agreed that the shrimpers presence on the T -Head is an excellent tourist attraction and then inquired if there are some boats selling shrimp which they have not actually caught. Mr. Bruner provided background information on this and stated that this is another ordinance that is difficult to enforce. He assured the Council that he is working with the Parks and Wildlife Department on this and they are attempting to enforce the ordinance as it was passed to allow for the catch of the day sale only. • 1inutes Regular Council Meeting' September 1, 1987 Page 24 Mayor Turner assured the members of the audience that the City Council does appreciate the shrimpers but they are just trying to make the T -Head a free, people -oriented area and the movement of traffic is very important. She expressed concern about the lack of security in the parking lot and asked Mr. Bruner to consider installing larger gear boxes at the boat slips. Mayor Turner then called for the vote on the motion to support the staff plan and it passed unanimously. * * * * * * * * * * * * * Mayor Turner informed the Council that a Downtown Revitalization Ad Hoc Committee had been formed, and they have now completed their task. She stated that David Berlanga, the Council Member who was liaison to the Committee, had done an excellent job. She stated that as a result of their studies, Heart of Corpus Christi, Inc. had been formed and she would like to appoint the following members to serve as the Executive Committee: Chairman Bill O'Boyle, and Members Charles DeCou, Phillip Hall, John Garner or designee, Nick Reyna, Jim Kozak, Elmo Jackson, O.K. Smith, Shula Senterfit, Miguel Pro, and David Berlanga, Sr. She stated that the Board of Directors will be appointed next week and she would like for the Council Members to present their recommendation at that time. Mayor Turner inquired about the results of the proposed plan for early retirement, and Mr. McDowell stated that two individuals, Mr. Mitchell, Street Superintendent, and Mr. Douglas Matthews, Director of Public Utilities, have indicated that they will take advantage of the offer. He stated also that they have had a number of questions and responses, which were due in by September 1, but stated that October 31 is the last date that the offer will be in effect. He expressed the opinion that a few more will accept the offer and informed the Council that several employees have declined the offer. There being no further business to come before the Council, Mayor Turner declared the Meeting adjourned at 4:40 p.m., September 1, 1987. I HEREBY CERTIFY that the foregoing is a Minutes of the Regular Council Meeting of the September 1, 1987, which were approved by the City WITNESSETH MY HAND AND SEAL, this the 1 ittyr, MAYOR i f2�_— e Turn true and correct copy of the City of Corpus Christi of Council on September 8, 1987. (,w^ day of 19tta -ts, /07. City Arma do Chahapa, CSecretarr City of Corpus Christi