HomeMy WebLinkAboutMinutes City Council - 09/15/1987PRESENT
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 15, 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 and Pledge of Allegiance to the Flag of the United States
were led by Council Member Strong.
Council Member Rhodes requested a correction on Page 24 of the Minutes of
the Regular Council Meeting of September 8, 1987, to correct a name change. A
motion was made by Council Member Berlanga that the Minutes of the Regular
Council Meeting of September 8, 1987 be approved with correction; seconded by
Council Member and passed unanimously.
Mayor Turner presented a proclamation to the Corpus Christi Volvo Tennis
Team and recognized Gail McGill of the women's tennis team who introduced the
coach and other team players.
Mayor Turner read a proclamation proclaiming September 17 - 23, 1987 as
"Constitution Week" in honor of the 200th anniversary of the signing of the
Constitution. Mayor Turner then recognized Dr. Eugenia R. Briscoe of the Corpus
Christi Chapter of D.A.R. who introduced other members.
Mayor Turner then read a proclamation proclaiming September 20 - 26, 1987
as "Emergency Medical Services Week." Mayor Turner recognized Ronald Coleman,
Director of Emergency Medical Services, who introduced other members.
Mayor Turner then read a proclamation proclaiming the week of September 13
thru September 19, 1987 as "American Heart Food Festival Week" and recognized
Betsy Lambert, Food Festival Chairman and Debbie Miller, Chairman of the
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American Heart Association Board, who passed out packets of information to the
Council.
* * * * * * * * * * * * *
Mayor Turner administered the oaths of office to the following people:
Janet Allen, Claire J. McCauley - Landmark Commission; Gwen Bryant, Xavier Perez
- Park and Recreation Board; Abel Alonzo - Intergovernmental Commission on Drug
& Alcohol Abuse; Judy Haven - Sister City Committee.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions 1 thru 8, noting
that Nos. 4 and 6 are withheld for discussion.
1. M87-0317
Authorizing the City Manager or his designee to execute an agreement with
Nueces County providing for maintenance services on the public beach at
Padre Island, annexed by Ordinance No. 16752; services to include
provisions from May 17, 1988 through September 1, 1989, inclusive, for
lifeguards, lifeguard stations, and portable restrooms; and provisions for
trash receptacles, trash pickup, beach cleaning and beach maintenance on a
year-round basis. Funds for this contract are budgeted under the Park and
Recreation Department.
2. M87-0318
Approving a supply agreement for radiator repair services for City
automobiles and trucks to Longoria's Radiator Service based on the low bid
of $16,543.87. The term of this agreement will be twelve months with
option to extend for an additional twelve months, subject to the approval
of the supplier and the City Manager or his designee. This service will be
used by various departments through the Maintenance Services Department.
3. M87-0319
Approving a supply agreement for swimming pool chemicals including
liquified gaseous chlorine, soda ash powder, and calcium chloride to
Dixie -Petro -Chem Company based on low bid and best bid of $23,880. The
term of this agreement will be twelve months with option to extend for an
additional twelve months, subject to the approval of the supplier and the
City Manager or his designee. These items will be used by the Park and
Recreation Department.
4. M87-0320
Rejecting all bids received on July 28, 1987, for the renovation of an
existing structure for use as the Los Encinos Community Center.
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5. M87-0321
Granting a 6 -month time extension for final City Council action to be taken
in granting a special permit to Mr. Daniel Dalrymple for a convenience
store with no on -premise consumption of alcoholic beverages on Lots 4, 5,
and 6, Block 8, Bayview No. 2.
6. M87-0322
Approving and authorizing the submission of a "Street Dealers Interdiction
Unit" grant to the Criminal Justice Division, State of Texas.
7. M87-0323
Approving a contract with Ida G. Worden for acquisition of a parcel of land
for the San Carlos Sanitary Sewer Extension Project.
8. M87-0324
Approving the closure of certain streets so that Bayfest '87 can be
celebrated on September 25, 26 & 27, and authorizing City Manager to issue
a special Street Closure Permit for this event.
No one spoke from the audience in reference to the above items.
A motion was made by Council Member Mendez to approve Motions 1, 2, 3, 5, 7
and 8; seconded by Council Member Guerrero and passed unanimously by those
present and voting; Strong absent at the time the vote was taken.
In answer to a question from the Mayor on Motion No. 4 concerning the Los
Encinos Community Center, Council Member Guerrero stated that he agreed with the
recommendation of the Staff, and he stated that this is in the best interest of
tax dollars.
In answer to a question from Council Member Berlanga, Mr. Guerrero stated
that the estimate for the renovation of the home was over the original
architectural proposal; and there was an additional alternative to build a new
structure which would be at a considerable savings. Mr. Guerrero noted that
once it is resolved, the City will have both the home and the new structure; and
it is just a matter of time in working the problems out.
Mayor Pro Tem Moss requested an explanation on Item No. 6 and City Manager
McDowell stated that this is a grant in which we are going to create a special
unit within the Police Department to target and deal with these types of
offenses; and interdiction is used in that respect to apprehend drug dealers.
In answer to a question from Council Member Rhodes regarding the word
in the memo, Mr. McDowell explained the "I" is the Chief of Police.
No one from the audience spoke in reference to Item Nos. 4 or 6.
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Regular Council Meeting
September 15, 1987
Page 4
A motion was made by Council Member Guerrero to approve Items 4 and 6;
seconded by Council Member Slavik and passed unanimously by those present and
voting; Pruet abstaining on Item No. 4; Strong absent at the time the vote was
taken.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Resolutions, Ordinances
and Ordinances from previous meetings and Council Members requested that Items
10, 11, 12 and 14 be withheld for discussion.
There were no comments from the audience on the above items.
City Secretary Chaps polled the Council for their votes and the following
were passed:
9. RESOLUTION NO. 19969
AUTHORIZING THE EXECUTION OF A CONTRACT WITH COLEMAN-ROTH CONSTRUCTION,
INC. FOR IMPROVEMENT TO CRESTMONT, PEBBLE, TEMPLE, WEST HAVEN, AND WINROCK
PARKS; APPROPRIATING $315,349.71.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye."
13. SECOND READING
AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 35, OIL AND GAS WELLS,
SECTION 35-60, DRILLING BLOCKS, BY AMENDING THE CONFIGURATION OF DRILLING
BLOCK MAP EXHIBIT A, DRILLING BLOCK NUMBERS 183, 188, AND 189; PROVIDING
FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong
voting, "Aye."
15. ORDINANCE NO. 19973
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 third reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong
voting, "Aye."
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Regular Council Meeting
September 15, 1987
Page 5
16. ORDINANCE NO. 19974
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 third reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong
voting, "Aye."
17. ORDINANCE NO. 19975
ADOPTING THE LONDON AREA DEVELOPMENT PLAN, AN ELEMENT OF THE COMPREHENSIVE
PLAN.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong
voting, "Aye."
* * * * * * * * * * * * *
In reference to Item No. 10 regarding the upgrade and purchase of computer
operating software, Mayor Pro Tem Moss inquired if this software is the basic
operating software, and City Manager McDowell replied it is the basic operating
system; the City is now leasing it on a month to month basis; and this is an
opportunity to enter into a lease purchase which will save the City about
$650,000.
In answer to a question from the Mayor regarding its compatibility with
other public entities in this community, Mr. McDowell replied it is compatible
with IBM operating equipment; the County has a Burroughs machine; and would not
be compatible. Mr. McDowell also stated the Police Department uses our
computer.
In answer to a question from Council Member Slavik regarding any
disadvantages to doing this, Mr. McDowell replied he did not see any
disadvantages per se; the City ends up owning the system instead of leasing it;
and will have an opportunity to realize a savings.
In reference to Item No. 11 regarding the Turkey Creek Drainage
Improvements, Mayor Pro Tem Moss inquired about the appraisal fee, and Assistant
City Manager Lontos stated he will provide Mr. Moss an answer shortly.
In reference to Item No. 12 regarding the O'Neill -Compton Connection Right -
Of -Way, Council Member Slavik inquired about the time schedule, and City Manager
McDowell replied it should start fairly soon; the City has to acquire some
additional property; and that he will provide Mrs. Slavik the exact time frame.
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Regular Council Meeting
September 15, 1987
Page 6
In reference to Item No. 14 amending the Mechanical Code, Section 105.2 -
regarding the filing of a certificate of insurance and suspension of permits
without insurance coverage, Council Member Berlanga stated that he is pleased
with this amendment and would like to see more of the other trades providing
evidence of insurance coverage. He stated that the Staff needs to keep tabs on
everyone doing work in the City to ensure the citizens they are going to get a
fair deal.
There were no comments from the audience on the above items.
City Secretary Chapa polled the Council for their votes and the following
were passed:
10. RESOLUTION NO. 19970
AUTHORIZING THE LEASE/PURCHASE OF THE CITY'S COMPUTER OPERATING SOFTWARE BY
UTILIZING A SPECIAL IBM FINANCING TERM FOR A TOTAL COST OF $808,850 OVER A
FIVE YEAR PERIOD.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye."
11. RESOLUTION NO. 19971
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 3a/b IN CONNECTION WITH THE TURKEY -CREEK DRAINAGE OUTFALL
IMPROVEMENTS; AND APPROPRIATING $5,850.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye."
12. RESOLUTION NO. 19972
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 4 IN CONNECTION WITH THE O'NEILL-COMPTON CONNECTION; AND
APPROPRIATING $32,000.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Rhodes, Slavik and Strong voting, "Aye"; Pruet
abstained.
14. SECOND READING
AMENDING SECTION 105.2 OF THE MECHANICAL CODE ADOPTED BY ORDINANCE NO.
19288 TO PROVIDE FOR THE FILING OF A CERTIFICATE OF INSURANCE AND
SUSPENSION OF PERMITS WITHOUT INSURANCE COVERAGE; PROVIDING FOR SEVERANCE;
AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance pased on second reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong
voting, "Aye."
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Regular Council Meeting
September 15, 1987
Page 7
* * * * * * * * * * * * *
In reference to Item No. 18 regarding the street name change from Camron
Street to Bates Drive, Council Member Slavik inquired if Mr. Bates paid the
$25.00 fee and if this covered all the City's expenses involved, and City
Secretary Chapa replied in the affirmative; it did not quite cover the cost; but
that is what the code provides. Mr. Chapa continued by stating that all
property owners along the street will be notified, and it will be published. He
stated that there were no objections from the affected City departments.
A motion was made by Council Member Mendez to schedule the public hearing
on September 29, 1987, to consider the request for the name change; seconded by
Council Member Pruet and passed unanimously.
* * * * * * * * * * * * *
In reference to Item No. 20 concerning the marina fee schedules, Council
Member Slavik inquired about the Boaters Association and the agreement, and City
Manager McDowell stated that Staff had extensive meetings with the boat owners,
Terry Dopson, Director of Parks and Recreation, and Bob Bruner, Marina
Superintendent, and were able to reach a compromise. He stated that the rates
before the Council were the ones concurred in by the Boat Owners Association.
Council Member Mendez inquired about the difference in the rates and how
the figure was derived, and City Manager McDowell stated that in part it is due
to the wear and tear, damage, and work needed to be done at the marina. He
stated that there is much heavier utilization with the commercial boats; the
rates provide the necessary funds over the ten-year period; and in part, it is
predicated on what it costs the City to maintain the slips.
Mr. Bob Bruner, Marina Superintendent, stated that prior to this there were
three rates; those were broken down into two systems - those that use the marina
for profit as a business and those who use it for pleasure; they took the costs
on maintenance, service and repair for those types of operation; and decided it
was about 2} to 3 times more for the commercial side as it was for the pleasure
boats.
Council Member Strong noted that the commercial shrimpers have indicated a
lack of adequate storage and inquired if Mr. Bruner had met with the shrimpers,
and if the increase in commercial rates took into consideration increasing the
gear boxes.
Mr. Bruner stated that he met with a few of the shrimpers and had
discussions over the storage problems, and that the increase would not take that
into consideration. He stated that they are allowed to build their own gear
boxes and pointed out that a Fisherman's Wharf is going to be constructed on the
North side of the Peoples Street T -Head which would extend their working
capability.
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Council Member Berlanga expressed concern about the rate for the shrimpers
and suggested a fifty percent increase instead of a one -hundred percent
increase. He inquired if a survey was conducted on the shrimping business.
Mr. Bruner replied a study was not conducted, but that the City does not
not collect revenues. He stated that the shrimping business needs to be cleaned
up to put shrimpers back into selling shrimp, and put vendors back into the
vending position. Mr. Bruner continued by stating that the shrimpers are
provided a place to do business and are paying 11.4G a square foot for a place
of business.
Council Member Berlanga inquired if the City's prices are competitive with
other places, and Mr. Bruner replied that is debatable, and that this is the
only place that allows shrimpers to sell off of their boats. He stated that he
considers shrimpers independent businessmen; the City provides them a place to
do business; and that is what the rate is based on.
Council Member Guerrero inquired if this fee increase takes up the slack in
what was lost in tax revenues when exempting boats, and City Manager McDowell
replied he did not think the two equate specifically; the marina is more of an
enterprise type of operation; and the boat tax came into the general fund. He
stated that Staff thinks the rates are reasonable to do the things that need to
be done.
Council Member Strong stated that the City is working under budgetary
constraints and we need to make areas of the City government pay for themselves
whenever possible.
Council Member Mendez noted that there is a concern among the shrimpers
that they are going to be displaced from their location on the T -head and he
hoped this was not a consideration, and Mr. McDowell stated that the long range
plan calls for the shrimpers to be relocated to the north side of the T -head
when the Fishermans Wharf is constructed, but not out of the area.
Council Member Mendez inquired about the repair facilities on the L -head
and Mr. Bruner stated that there are two repair facilities on the marina; a
repair facility for 35 -ft. boats; there is a cage; and we provide them with
electricity and water.
Discussion followed and Mayor Pro Tem Moss commented that it is refreshing
to see that Mr. Bruner is seeing that money is dedicated to the maintenance of
the slips and the marina; and now the City is beginning to get some rent that
will be used for improvements to the marina.
Mayor Turner inquired about security, and Mr. McDowell replied he has
discussed this item with the Police Chief, and he is in the process of
increasing the patrol.
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Council Member Mendez inquired about a curfew for people going on the
T -head, and Mr. Bruner explained there is no curfew, and the park is open
continuously.
Mrs. Denise Polinard, 4702 Andover, spoke in opposition to the increase and
stated the increase would drive most of the shrimpers away. She inquired when
this will go into effect, and City Manager McDowell replied November 1st.
Mrs. Polinard inquired about improvements to be made. She stated that they
do not see the major improvements for the amount of money being put into it; she
did not think it is a fair thing; and that it is discriminatory.
Mr. Bruner stated that the rate increase was primarily for physical
improvements; there is a schedule; and he gave a brief description of the
improvements.
Mayor Turner inquired about the time frame for the Fishermans Wharf, and
how the spaces are going to be allocated, and City Manager McDowell stated that
the engineering work is being prepared right now, and that it would be about 1}
years to complete the project; and Mr. Bruner stated that there will be a
drawing and those that are there now will be allowed to draw.
Mr. Roger Wright, Chairman of the Coastal Bend Boaters Association,
expressed his appreciation for the opportunity to work with the City Staff on
this matter; they realize the rate increase was due; and that a workable
compromise was reached.
After more discussion, the Mayor inquired about the vacant slips, and Mr.
Bruner gave a brief explanation about the vacancies and the current status. He
explained that he operates on a daily average of about twenty vacant slips.
In reference to Item No. 21 regarding the CPL large industrial customer
rate discount proposal, Mayor Pro Tem Moss stated that he is working with a
committee to see that CPL is not going to implement too large a rate increase
for the South Texas Nuclear Project; and this is just part of what CPL is
volunteering to do for the large users to keep them from leaving the system.
Council Member Slavik stated that she will approve Item No. 21 because of
the idea of no rate increase to the citizens. She stated that in looking at the
ordinance she wondered if a couple of words should be added in the third
paragraph. She referred to a letter dated October 19 to the Mayor from CPL and
inquired if it would be helpful to insert the additional wording or if the
ordinance would be strong enough on its own.
City Attorney Hal George explained that the City cannot bind CPL in the
future on setting the rate, and adding that language would not bind them forever
to that kind of commitment.
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In reference to the commitment in the letter Mrs. Slavik referred to, Tom
Curlee, spokesman for CPL, stated that the revenues that will be lost during
that period of time will not be recovered in the future; and it does not make
any reference to any future rate increase.
Mr. Curlee stated that the discount is designed to encourage large
industrial companies to stay on line, rather than provide their own electricity
through cogeneration; within the past year, five large local industrial
companies have gone off line; of the 10 industrial customers remaining, all but
the Naval Air Station are expected eventually to go off line unless CPL provides
some rate relief.
Mr. Curlee stated that there is a potential purchase of the cost equilarim
plant that Dupont has operated in the past; they will be filing a request to
approve a contract for that service; the purchase is moving ahead; and probably
will be consummated by the end of the year.
Discussion followed and City Manager McDowell referred to the Naval Air
Station and the Army Depot and pointed out that this will reduce our revenues as
a result of this about $32,000 to $34,000 a year.
City Secretary Chapa polled the Council for their votes and the following
were passed:
19. ORDINANCE NO. 19976
AMENDING COMPENSATION ORDINANCE 3658, SECTION 250, CLASSIFICATION PLAN FOR
ALL POSITIONS IN THE CLASSIFIED SERVICE, BY REPLACING SUBSECTIONS 251, 252,
253, 254, 255, 256, AND 257 WITH NEW SUBSECTIONS 251 THROUGH 257; AMENDING
COMPENSATION ORDINANCE 8127, SECTION 510, MANAGERIAL GROUP PAY PLAN
1986-87, BY REPLACING IT WITH A NEW SECTION 510; AND DECLARING AN
EMERGENCY.
The foregoing Ordinance passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye."
20. FIRST READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 12, BOATS, BAYS AND WATERWAYS,
SECTION 12-61, RATES AND RENTAL FEES FOR USE OF SLIPS AND DOCK
SPACE --SCHEDULE AND REGULATIONS, BY INCREASING SLIP RENTAL RATES AND OTHER
FEES; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING
FOR PUBLICATION.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Slavik and Strong
voting, "Aye."
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21. FIRST READING
GRANTING CENTRAL POWER AND LIGHT COMPANY'S REQUEST FOR A RATE DECREASE FOR
LARGE INDUSTRIAL CUSTOMERS IN THE CITY OF CORPUS CHRISTI, TEXAS; 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."
* * * * * * * * * * * * *
City Manager McDowell stated that in reference to the Turkey Creek
improvements, the cost of the appraisal was $42,075 for the nine parcels or $475
a parcel; and for the O'Neill -Compton Connection Project it was $1,035 for two
parcels or $537.50 a parcel. He stated that both of these projects will be
underway by the end of the year.
* * * * * * * * * * * * *
In reference to Item M regarding a
two pieces of property in the 3700 block
about the recommendation of the Staff,
this is in conformance with the current
were created in the early 1940's.
discussion of zoning irregularities on
of Denver Street, Mayor Turner inquired
and City Manager McDowell stated that
existing regulations and covenants that
In answer to a question from the Mayor concerning how many units are
allowed, Assistant City Manager Elizondo stated that there are nine units in the
main house and two single-family units to the right and left of the house. Mr.
Elizondo stated that in reference to zoning, this mansion was converted to
multi -family units into nine units back in the '40s; it was annexed as a multi-
family use; it is in accordance with the zoning laws; they are entitled to
continue to have nine units in the main house. He continued by stating that
the Staff walked through the main house and only found nine existing units, and
to their knowledge, no additions have been made.
Mr. and Mrs. Thurston Lambright, 202 Doddridge, spoke in objection to the
number of units and the continuous turnover in rental. Mrs. Lambright noted
that they are afraid it will be like a motel/hotel.
Mayor Turner pointed out that the Staff has stated it is legal for the
owner to have nine living units in the house and one living unit on each side,
as a non -conforming use until such time that those units are allowed to
deteriorate beyond 50 percent of their physical value.
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Council Member Strong pointed out that within the structure of the main
building, restructuring and redesign is not illegal; and they can shift around
inside as long as there are only nine units maximum. She stated that the
Council is concerned about this matter and are determined to protect the
neighborhood.
Council Member Slavik inquired about hotel/motel zoning, the difference
between motel/hotel and apartments, and how the City would get involved in this.
City Attorney Hal George explained the City cannot draw that fine line
just because tenants do not stay long; a motel has a sign which reads rent for a
night. Mr. George stated that the difference is in the kind of advertising and
the kind of rental contract that they have. He stated that if the City attempts
to take any action, the burden of proof would be on them; if it was determined
that it was a motel and in violation, it would be incumbent upon the City to
file municipal court charges which is a criminal case; it would have to be
proven beyond a reasonable doubt; and it would be a very tough burden to make.
He then gave a brief explanation of the procedure.
In answer to a question from Mayor Pro Tem Moss regarding the owner of the
property, Mr. Elizondo noted that the owner has stated he is within the law; and
he has allowed the City access to the property to prove this.
After more discussion, the Council expressed their concern and it was their
consensus that nothing can be done at the present time, only if the situation
changes and there is new evidence.
* * * * * * * * * * * * *
Mayor Turner stated that the Council should have a projected budget for
next year. She stated that they should start now what can be anticipated as the
economic situation for next year.
Council Member Rhodes concurred with the Mayor and stated that they should
have every two months some kind of update and the status of the cost containment
program, and City Manager McDowell stated that the Council will receive
quarterly updates.
Mayor Turner inquired about the furnishings for the new City Hall, and Mr.
McDowell stated it is provided in the bonds and the money could not be used for
anything other then the City Hall.
Mayor Turner asked if there is still money allocated from revenue sharing
for furnishings, and Mr. McDowell replied there is not; there were revenue
sharing funds; but that has been utilized to finance this year's operation.
Council Member Pruet asked for a status on street sweeping and using people
out of the municipal court, and Mr. McDowell stated that Staff will begin to
pursue that program.
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Council Member Mendez stated that there was a meeting two weeks ago
concerning the bond program proposal; all of the members of the committee have
to sign off on the recommendations; and they will be before the Council soon.
In answer to a question from the Mayor concerning the radio communications
system, Mr. McDowell noted that the Council approved the consultant last week;
the purchase for the system is not scheduled until after the consultant's report
is received; it will not come out of this bond sale unless the committee
reallocates the priorities; and it will need to be included in a future bond
sale.
Mayor Turner stated that there is a professional landscaper who is willing
to landscape Sunset Island with palm trees as a gift to the City from his
business, and asked the City Manager to follow up on this.
* * * * * * * * * * * * *
The meeting was recessed at 11:21 a.m.
* * * * * * * * * * * * *
Joint Meeting City Council/Park and Recreation Board - 11:45 a.m.
Mayor Pro Tem Clif Moss reconvened the Council Meeting in the temporary
absence of Mayor Turner.
Assistant City Manager Bill Hennings referred to the City Council's Action
Agenda which establishes a goal to provide an optimal quality of life for all
citizens with an objective to increase the number of improved park and
recreational facilities by 10% by 1989.
Mr. Hennings stated that they would like to present the five-year plan for
this purpose but pointed out that the City Council has approved the
recommendation of the Bond Task Force that the second year bond sale should be
reduced to $8 Million and noted that the Task Force is at this time finalizing
its recommendation on the list of projects to be included. He stated that the
proposed schedule for funding park projects must be modified accordingly. He
pointed out that also affecting the schedule will be implementation of the City
Council decision on the Shoreline Boulevard median improvements. He stated that
the Bayfront Park Project description was prepared with the intention of
demolishing City Hall and the Utilities Building but retaining the City Hall
Annex for use by the Art Community Center if certain conditions are met, which
will require rerouting Shoreline Boulevard traffic between Furman and Williams
Streets.
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Mr. Terry Hopson, Director of Park and Recreation, described the
improvements that have already been completed as a part of the bond program for
the first year. He also explained the projects that had been identified to be
completed in the second year bond program for a total of $3.5 Million. He noted
that dependent upon the recommendation of Council Member Mendez' Task Force, the
Park and Recreation staff will know how much in bond funds will be acquired for
Park and Recreation improvements.
Council Member Mendez interjected that the Task Force had met; the report
will be sent to the City Council on Thursday, September 17; the plan is to sell
only $8 Million total in bonds which will be designated for all types of
improvements and which will necessitate a reduction in all improvements
previously planned for the current year.
Mr. Malcolm Matthews, Landscape Architect with the Park and Recreation
Department, provided information in regard to the creation of a major bayfront
park area noting that the plan was developed after input had been received from
the Bayfront Activities Committee, CC'90, Park and Recreation Board and the City
Council. He stated that in June the City Council had addressed the
Transportation Plan and made the decision to extend Shoreline Boulevard around
the City Hall annex to provide the Arts Council an opportunity to obtain funds
for an activity center for that building.
Mr. Matthews continued by stating that the plan is to provide recreational
open space along the bayfront, a permanent festival area, a safe beach access
and parks for patriotic programs. He stated that the primary target is to
address and resolve the transportation around the area.
In response to Mayor Pro Tem Moss' question in regard to the date of
implementation, Mr. Matthews stated that the cost will be about $6 Million and
staff feels that it will require a bond election. Mr. Hennings noted that there
is no designated source of funds or a schedule at this time.
Mayor Turner inquired about the parking capacity, and Mr. Matthews
responded by stating that there will be no street parking but the plan is for
400 parking spaces. He stated also that the cost to reroute Shoreline would be
an estimated $2 million. Mr. Hennings stated that the next step would be to
refer this plan to the appropriate Boards and Commissions.
Mrs. Toby Shor Oshman, Board Member, noted that the longer it takes and the
more discussion that occurs, the more opposition that will be generated.
Mayor Turner explained that funds for this will have to come from bond
funds, and the City cannot even sell bonds at this time.
Kinutes
Regular Council Meeting
September 15, 1987
Page 15
Board Member Vic Menard inquired about the possibility of using State
funds, and Council Member Mendez stated that this project is not eligible for
State funding. Mr. Mendez continued by pointing out that since there will be no
funding for five years, the plan possibly should not be presented for public
comment until funding is available.
Mr. Charles Blum, Chairman, expressed the opinion that this plan should be
adopted by the City Council. He confirmed that both the Park and Recreation
Board and the Bayfront Activities Committee have approved the plan.
Mr. Blum referred to the Oso Parkway Plan, and expressed the opinion that
it is the beginning of development on the other side of town away from the
bayfront. He explained that the Botanical Gardens Society has in excess of $4
Million, and in devising this plan, they questioned how it could be put together
without bonds. He stated that the Board is of the opinion that grants will be
available for the Oso Parkway Plan and asked Mr. Matthews to explain.
Mr. Matthews informed the Council that $2.5 Million was included in the
Bond Program for acquisition of land, and the first priority was to purchase
land to tie in Bill. Witt Park with the Oso Parkway. He noted that grants were
obtained and matched with the available funds. He stated that across Staples
Street, there is additional land that should be acquired with the bond funds and
the grants for a total of about 400 acres.
Mr. Matthews explained an innovative plan to acquire some of the land owned
by the Botanical Gardens to be used for both the Gardens and for the Oso
park land, which land could be given to the City to be used as matching funds
for grant funds. He explained how the City can obtain State funds for
acquisition of additional land after the City receives the donation of land from
Botanical Gardens. He stated that this plan will free the other funds for
development purposes.
Mr. Blum stated that there are other sources of grants for funding but the
Board needs Council approval to proceed to take action to obtain the donations
of land and subsequently the State grants.
Council Member Slavik inquired about the maximum of $750,000 for grants,
and Mr. Matthews explained that that is the maximum amount of the grant funds;
the State is making the grants every six months; therefore, it will require
approximately two years to obtain enough grants to acquire all of the land.
Council Member Pruet inquired as to when staff plans to have this as an
agenda item for Council approval, and Mr. Matthews stated that staff is ready
now but an agreement has be worked out with Botanical Gardens.
Council Members David Berlanga and Leo Guerrero arrived at the meeting at
12:55 p.m.
linutes
Regular Council Meeting
September 15, 1987
Page 16
Mayor Turner expressed the opinion that this should be placed on the
Council agenda as soon as the agreement with the Botanical Gardens has been
worked out. She inquired if any of the funds would be available for
development, and Mr. Matthews stated that the bonds were sold for the purpose
of acquiring land and improvements to the land.
City Manager McDowell suggested that Botanical Gardens contact the City by
letter, following which staff will proceed to place this on the Council agenda.
Mayor Turner then requested that Council Member Slavik, the liaison person
with the Botanical Gardens, contact them to request the letter.
On another subject, Mayor Turner noted that the City Council has appointed
a Sunset Committee to study whether or not some Committees should be abolished,
combined or expanded.
Dr. Bill Colson, Board Member, stated that he had met with the Marina Board
and learned that they were opposed to being combined with the Parks and
Recreation Board. He stated that although there is some overlapping, combining
the two Boards would not resolve anything. He suggested that anything beginning
at the water should be under the jurisdiction of the Marina Board. He continued
by stating that after he had met with the Marina Board, he personally felt that
the City Council should give some consideration to a Water Commission which
would start with the Port area and continue all the way to the other water
areas, with the exception of the Oso.
Mr. Menard agreed with Dr. Colson because he felt that the Marina Board
should be the entity to address all of the water areas, not just the marina
area.
Council Member Strong agreed, stating that there are over 100 miles of
shoreline in District 4 alone, and the time is imminent when patrolling and
designating recreation activities will be needed. She expressed the opinion
that waterfront activities should be studied either by the Marina Board or by
some new board appointed for that purpose.
Mr. Blum pointed out that the Park and Recreation Board has been taking
care of the water areas other than the actual Marina, and the Board is even in
charge of the parks located on the Marina landmasses.
Council Member Rhodes requested that this discussion be stopped stating
that she is Chairman of the Sunset Committee which has not even had an
opportunity to meet. She expressed the opinion that she would prefer that these
matters be discussed by the Sunset Committee.
Mayor Turner expressed appreciation to the staff and Park and Recreation
Board for their presentation.
The meeting was recessed at 1:10 p.m.
finutes
Regular Council Meeting
September 15, 1987
Page 17
* * * * * * * * * * * * *
Mayor Turner reconvened the Regular Council Meeting at 2:00 p.m. She then
introduced Mr. Hymie Gonzales, Coliseum Manager, and stated that the Ice Capades
organization had presented a show for the first time in 24 years; they selected
Corpus Christi as the site for their practice prior to their United States Tour;
the City has been making every effort to pursue the organization to present a
show annually; and she wanted to express appreciation to Mr. Gonzales for his
extraordinary cooperation with the Ice Capades cast and crew during their stay
in Corpus Christi. She presented to him an official commendation from the City
Council.
Council Member Berlanga then presented to Mr. Gonzales a button which
states "The Mayor and City Council Think I'm Great." Mr. Gonzales expressed
appreciation to his staff for working evenings and nights to assist with the Ice
Capades events. He then introduced his wife and family.
* * * * * * * * * * * * *
Mayor Turner announced the bid opening on improvements to the Bayfront
Plaza Convention Center.
Assistant City Manager James K. Lontos, opened bids on this project from
the following firms: B. E. Beecroft Co., Inc.; Bracco Construction Co., Inc.;
Moorhouse Construction Co. and Salazar Construction, Inc. He stated that all of
the bidders had submitted the required bid security bond and had acknowledged
receipt of addendum number one.
City Manager McDowell informed the Council that money from the Bond Fund is
available to complete this project.
* * * * * * * * * * * * *
Mayor Turner announced the public hearing on the closure and abandonment of
a portion of Shely Street between Fig Street and Pineda Park Subdivision in H.
E. Butt Park.
Mr. Victor Medina, Director of Engineering, located the portion of the
street on a transparency. He explained that the affected street portion is
actually just a paper street in that no improvements are visible on the ground.
He stated that the reason for the closing of this street is to allow the City to
complete the platting process in order to obtain a building permit for
improvements in this area. He assured the Council that the street will remain
in existence as it is right now because the plan is only to close the portion
that was dedicated.
Mr. Lontos explained further that the City has to plat the H. E. Butt Park
in order to build improvements to the Tennis Center.
7inutes
Regular Council Meeting
September 15, 1987
Page 18
Mr. Ray Madrigal, 3002 Churchill Street, stated that he was opposed to this
because he thought the plan was to close the existing street. He noted that if,
however, only the portion that was dedicated is to be closed, he and his
neighbors have no objection.
A motion was made by Council Member Pruet that the hearing be closed,
seconded by Mayor Pro Tem Moss, and passed unanimously.
* * * * * * * * * * * * *
Mayor Turner announced the public hearing on the preliminary assessments
for the Padre Island Drive improvements from one-half mile north of the Airport
Ditch to State Highway 44, which indicates assessments of $249,790.76 on 59
items.
City Attorney Hal George explained that this hearing is required by Article
1105b of V.A.C.S., which requires that the City prove that the property involved
will actually be enhanced at least in the amount of the assessment. Mr. George
called as his first witness, Mr. Victor Medina.
Through questioning of the witness, Mr. George determined that Mr. Medina
is the Director of the Engineering Services Department; he is a Registered
professional Engineer and has been since 1976.
Mr. Medina described the type of construction that is planned, noting that
the frontage roads will be 36.5 feet to 58 feet in width to accommodate two
lanes of traffic, off ramps and an emergency parking lane; it will include the
laying of a six-inch curb and gutter section on the outboard side and a six-inch
machine laid curb on the inboard side. He stated that the improvements will
include a four -foot wide reinforced concrete sidewalk which is four inches thick
and six-inch reinforced concrete driveways. In response to Mr. George's
question, Mr. Medina stated that the benefits will be to move traffic quickly
from Padre Island Drive, and the specific improvements to the abutting property
owners will include curbs, gutters and sidewalks which will enhance their
property.
Mr. Medina stated that the total project bid price is $24,145,264.23; the
State and Federal portion is $23,222,899.73; the City portion is $924,364.50;
and the preliminary assessment roll is $249,790.76.
Mr. Medina also testified that the contract allows for 540 working days and
the project should commence within one month.
Mr. George called as his next witness, Mr. George N. Paraskevas, who
testified that he has been a licensed real estate broker and appraiser for many
years. He testified that he has examined each and every piece of property, and
in his opinion, all of the property involved will be enhanced at least in the
amount of the assessment.
Minutes
Regular Council Meeting
September 15, 1987
Page 19
No one indicated that they wished to speak in regard to the proposed
assessments.
A motion was made by Council Member Strong that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
Following the closing of the hearing, Mr. Joe French stated that he owns
property on South Padre Island Drive and questioned the planned sidewalk on Bear
Lane. He pointed out that the plans call for a sidewalk going down Bear Lane,
yet there is a 15 -foot drainage ditch at this location.
Mr. Medina explained that that will be a part of the transition of the
street, and for 100 feet on each side of the intersection, underground storm
sewers will be installed.
* * * * * * * * * * * * *
Mayor Turner called for Council liaison reports.
Council Member Strong reported that Mayor Turner has called for a meeting
next week on the boat pass with several other groups and entities.
Council Member Slavik reported on the Botanical Gardens and inquired as to
when the State plans to install the directional signs on Padre Island Drive.
Mrs. Slavik also inquired about the water line that was to be installed by the
City and inquired as to when that project will start.
Mr. Medina explained that the City awarded a contract on this two weeks
ago; the contract has just been signed by the contractor; as soon as it has been
signed by all City officials, a work order will be issued; and work should be
started within the next two weeks. He also informed Mrs. Slavik that the signs
referred to will be installed within 30 days.
Council Member Slavik also reported that the Botanical Gardens Society will
send the City Manager a letter tomorrow informing him that they have approved
dedication of land to the City to facilitate the State grants in order to obtain
land for the Oso Creek Parkway.
Council Member Berlanga reported that the Downtown Revitalization is moving
forward; the Executive Board of the Heart of Corpus Christi, Inc. has been
appointed and started work; they plan to advertise for a Director which should
be completed in thirty days; and they plan the installation of a farmer's
market, hopefully to open in October or November.
Council Member Rhodes stated that the Sunset Committee on Boards and
Commissions will meet on Wednesday, September 16, in City Secretary Armando
Chapa's office, and she asked that on next week's agenda that approval of an ad
hoc committee requested by the Library Board be listed for consideration.
9inutes
Regular Council Meeting
September 15, 1987
Page 20
Mayor Pro Tem Moss stated that as a result of discussion the preceding week
he had received a response from the Regional Transit Authority and he has a
complete list of attendance records of the Board Members. He stated that the
Mayoral appointments from other cities to the Committee are the ones who are not
attending the RTA Board meetings and the Board has changed their meeting time to
7:30 a.m. Wednesday, and hopefully attendance at the meetings will be improved.
Council Member Pruet presented to the Council copies of a magazine entitled
"Home and Away" which contains an article on winter Texan activities here and
other areas of Texas. He stated that this is an official publication of AAA
distributed in the Indiana area and he felt it will generate interest in this
City.
Council Member Strong stated that the Annex V was endorsed by the former
City Council; she discussed this Congressman Solomon Ortiz who had informed her
that if the United States ratifies this treaty it will go into effect world-wide
and prevent the dumping of plastics all over the world.
She noted that all of the Council Members had received a copy of an
injunction that has been filed in District Court on the issue of the excavation
of the property in Flour Bluff on Caribbean and Flour Bluff Drive. She
requested the staff to keep up with this and asked for a legal opinion as to
what is allowed or prohibited in zoning of "RE."
Mayor Turner pointed out that this is in the Zoning Book.
Council Member Guerrero stated that Mr. Ralph Ehrlich, owner of Villa Del
Sol on Corpus Christi Beach, has prepared a very attractive package to present
to tourists from Mexico and also to winter Texans.
Council Member Mendez stated that the Economic Development Commission will
have a breakfast meeting next week. He stated that they will have a report next
week presented by Mr. Berney Seal.
* * * * * * * * * * *
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Mr. Hank Snyder expressed approval of this City Council and of the display
of the Council portrait at the Airport. He then presented to Mayor Turner
$476.75 to pay for the cost of the photograph that is displayed there.
There being
Council Member
unanimously, the
15, 1987.
no further business to come before the Council, on motion by
Guerrero, seconded by Council Member Mendez and passed
Regular Council Meeting was adjourned at 2:40 p.m., September
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
September 15, 1987, which were approved by the City Council on September 22,
1987.
WITNESSETH MY HAND AND SEAL, this the
1 day of (J`'(..L v , At F7
Armando Chapa, City cretary
City of Corpus Christi
B%tty Turner/ MAYOR