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HomeMy WebLinkAboutMinutes City Council - 01/10/1989PRESENT Mayor Betty Turner Mayor Pro Tem Leo Guerrero Council Members: David Berlanga, Sr. Clif Moss Bill Pruet Mary Rhodes Frank Schwing * Mary Pat Slavik Absent Linda Strong MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 10, 1989 2:00 p.m. City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Clifford Taylor of Bethany Christian Church following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Bill Pruet. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Council Member Pruet made a motion to excuse Council Member Strong's absence from the Council Meeting because of an illness. The motion was seconded by Council Member Rhodes and passed unanimously; Schwing, absent at the time the vote was taken. Mayor Turner called for approval of the Minutes of the Regular Council Meeting of January 3, 1989, and there being no additions or corrections, she proclaimed them approved as presented. Mayor Turner administered the Oaths of Office to the following Board and Committee appointees: Mike Morgan - Electrical Advisory Board; Doris Jensen and Jannette Hallmark - Intergovernmental Commission on Drug & Alcohol; Joan Ford - Municipal Arts Advisory Committee; Carol Carroll and Eva Garza -Adams - Senior Community Services Advisory Committee. MICROFILMED Md 3 Reg__ar Council Meeting January 10, 1989 Page 2 Mayor Turner announced the bid openings on the following mineral leases: 1. Mineral lease for the 157.579 acre J. C. Elliott Landfill. 2. Mineral lease for 44.7089 acres comprised of the Carroll Lane, Richter and Gabriel Terrace drainage ditches, and Westhaven Park. 3. Mineral lease for the 100.32 acre Westside Wastewater Plant site. James Conn, Petroleum Inspections Superintendent, opened bids on the three mineral leases from Mr. Jerry L. Keehan, a contract landman for Sun Exploration and Production Company, and recommended that all three bids be accepted. A motion was made by Council Member Rhodes to accept the leases for all three pieces of property; seconded by Council Member Pruet and passed unanimously; Schwing absent at the time the vote was taken; Strong absent. (M89-0010) * * * * * * * * * * * * * * Mayor Turner called for Consent Motions, Resolutions, Ordinances and Ordinances form previous meetings, and Council Members requested that Items 3, 5, 6 and 16 be withheld for discussion. There were no comments from the audience on the other items. City Secretary Chapa polled the Council for their votes and the following were approved: 1. M89-0011 Motion approving a supply agreement for galvanized meter stops with C.C. Pipe and Supply for the estimated total amount of $13,374.10 based on low bid. The term of the contract is for twelve months with an option to extend for an additional twelve months, subject to the approval of the seller and the City Manager or his designee. The meter stops are to be used by the Gas Division. The foregoing Motion was approved by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 2. M89-0012 Motion approving a supply agreement for liquid chlorine with PPG Industries based on the low bid of $98,463. The term of the contract will be twelve months with option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. The chlorine will be used by the Water Division for water treatment. iinutes Regular Council Meeting January 10, 1989 Page 3 The foregoing Motion was approved by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 4. M89-0014 Motion awarding a contract for $150,600 to J. R. Clancy, Inc., for the design, construction and installation of the orchestra pit elevator and extension at the Bayfront Plaza Convention Center. The foregoing Motion was approved by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 7. M89-0017 Motion authorizing the City Manager to submit to the Department of Housing and Urban Development a request for funding in the amount of $172,000 for the fiscal year 1989-90 Rental Rehabilitation Program. The foregoing Motion was approved by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 8. RESOLUTION NO.20556 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE TRANSFER TO THE STATE OF TEXAS OF EASEMENT AND OWNERSHIP RIGHTS FOR 30 PARCELS FOR THE SOUTH STAPLES STREET IMPROVEMENTS PROJECT. The foregoing Resolution was passed by the following vote: Turner, Guerrero, Berlanga, Moss, Rhodes and Slavik voting, "Aye"; Pruet abstaining; Schwing absent at the time the vote was taken; Strong absent. 9. FIRST READING CLOSING AND ABANDONING A 10 -FOOT WIDE UTILITY EASEMENT IN LOTS 3, 4, AND 26 IN BLOCK 1 OF DEL MAR SUBDIVISION, SUBJECT TO THE PROPERTY BEING REPLATTED AT APPLICANT'S EXPENSE WITHIN 180 DAYS OF THE PASSAGE OF THIS ORDINANCE. The foregoing Ordinance was passed on first reading by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. ,inut e s Regular Council Meeting January 10, 1989 Page 4 10. SECOND READING AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF CONVENIENCE AND NECESSITY TO MR. LONNIE KING, DBA KING CAB COMPANY, FOR THE OPERATION OF A TAXICAB SERVICE WITHIN THE CITY OF CORPUS CHRISTI FOR A FIVE-YEAR PERIOD EFFECTIVE NOVEMBER 22, 1988, THROUGH NOVEMBER 21, 1993; SUBJECT TO THE APPLICANT'S COMPLIANCE WITH ALL TERMS AND CONDITIONS ESTABLISHED IN CHAPTER 57, ARTICLE II, TAXICABS, OF THE CODE OF ORDINANCES; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on second reading by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 11. SECOND READING AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF CONVENIENCE AND NECESSITY TO MR. JOE EMANUEL AND MR. TOMMIE ROY CAGE, DBA STAR CAB COMPANY, FOR THE OPERATION OF A TAXICAB SERVICE WITHIN THE CITY OF CORPUS CHRISTI FOR A FIVE-YEAR PERIOD EFFECTIVE NOVEMBER 22, 1988, THROUGH NOVEMBER 21, 1993; SUBJECT TO THE APPLICANT's COMPLIANCE WITH ALL TERMS AND CONDITIONS ESTABLISHED IN CHAPTER 57, ARTICLE II, TAXICABS, OF THE CODE OF ORDINANCES; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on second reading by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 12. SECOND READING AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF CONVENIENCE AND NECESSITY TO MR. JIM FISHER, DBA YELLOW -CHECKER CAB COMPANY, FOR THE OPERATION OF A TAXICAB SERVICE WITHIN THE CITY OF CORPUS CHRISTI FOR A FIVE-YEAR PERIOD EFFECTIVE NOVEMBER 22, 1988, THROUGH NOVEMBER 21, 1993; SUBJECT TO THE APPLICANT'S COMPLIANCE WITH ALL TERMS AND CONDITIONS ESTABLISHED IN CHAPTER 57, ARTICLE II, TAXICABS, OF THE CODE OF ORDINANCES; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on second reading by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 13. SECOND READING AMENDING THE CITY CODE, CHAPTER 21, ARTICLE II, SOLID WASTE PERMITS, SECTIONS 21-40, 21-41, AND 21-48, BY REPLACING REFERENCE TO DIRECTOR OF INSPECTIONS AND OPERATIONS WITH SANITATION SUPERINTENDENT OR HIS DESIGNEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. .inutes Regular Council Meeting, January 10, 1989 Page 5 The foregoing Ordinance was passed on second reading by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 14. ORDINANCE NO. 20557 AMENDING THE CITY CODE, CHAPTER 21, GARBAGE, TRASH AND OTHER REFUSE, BY AMENDING SECTION 21-4, COLLECTION SERVICES OF THE SANITATION DIVISION AVAILABLE UNLESS PROPERLY REFUSED; AMENDING SECTION 21-19, SUBSECTION (B), CHARGES FOR SERVICES TO BUSINESS AND COMMERCIAL ESTABLISHMENTS; ADDING A NEW SECTION 21-19, SUBSECTION (C), WAIVER OF DISPOSAL FEES FOR NON-COMMERCIAL CUSTOMERS; AND AMENDING SECTION 21-21.1, CHARGES FOR DEMOLITION DEBRIS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 15. ORDINANCE NO. 20558 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CORPUS CHRISTI INDUSTRIAL PARK FOR DEVELOPMENT FEES ASSOCIATED WITH THE INDUSTRIAL TECHNOLOGY PARK. The foregoing Ordinance was passed on third reading by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. * * * * * * * * * * * * * In reference to a question from Council Member Moss on Item No. 3 relative to the Water Department Facilities, City Manager Garza stated that the funds for this item will be taken from the wastewater fund and the water fund. In response to other questions from Mr. Moss, Carl Crull, Acting Engineering Services Director, stated that the City will take bids for this facility in August and it is presently in the final design phase. Mr. Crull briefly outlined the time schedule and stated that construction will require about a nine to ten-month period. He indicated that the City will request Morgan Spear Associates to accelerate the time schedule as much as possible. Mr. Moss inquired if the time frame could be improved, and City Manager Garza indicated that he will look into the situation and try to improve the time schedule. Mr. Garza indicated that this is an attempt to consolidate the Wastewater and Water administration offices and provide needed space for Wastewater operations. cinutes Regular Council Meeting January 10, 1989 Page 6 In answer to a question from Mayor Turner, Assistant City Manager Jesus Garza indicated that the City will begin the design of this addition immediately. He stated that he will meet with Morgan Spear Associates to see how the project could be expedited. Mr. Garza indicated that he will keep the Council apprised of the time schedule. Relative to Item No. 5 pertaining to the Westside Wastewater Treatment Plant Expansion, Council Member Slavik inquired about the difference in the bid estimates, and Assistant City Manager Jesus Garza indicated that the City is working with the consultant to identify changes to enable the bids to come in within budget. In answer to a question from Council Member Moss relative to re -bidding the project, City Manager Garza indicated that the City considered developing an amendment to the Capital Improvements Program and readjusting the priorities, but stated that it could not be done. Mr. Moss inquired when the City will go out for bids and Assistant City Manager Garza indicated that once authorization is received from the City Manager, the City will advertise this weekend and should receive bids March 1. Council Member Moss requested an explanation of the $5,300 for Item No. 9 relative to the Time extension for Maintenance Center Mineral Lease, and James Conn, Petroleum Inspections Superintendent, responded by stating that the lessee, Jerry L. Keehan, will pay the City $5,300 to continue the mineral lease for an additional year. * Council Member Schwing arrived at the Council Meeting at 2:25 p.m. In reference to Item No. 16 relative to the Alley Closure Request - Fitchue Place and Hughes Addition, Mr. Rix Musslewhite, 5808 Wicklow, commented on problems with the alley closings in the Fitchue area. He stated that he has six houses located in the T. G. Allen street improvement area and five are affected by the alley closings. Mr. Musslewhite indicated that he is representing Ms. Lena Harris, 210 Adams, and Mr. Michael Shamoan, 535 Naples, who are opposed to portions of the alley closings. Mr. Musslewhite continued by stating that Ms. Harris owns the Donut Shop which is located in block 1203 in front of Wynn Seale Junior High School and would like that portion of the alley exempted from the closing because the alley is used for the shop's drive -up window traffic. Mr. Musslewhite spoke for Mr. Shamoan and stated that he has a building located in block 1103 which he rents to an auto parts company and a garage. Mr. Musslewhite indicated that the garage's bay doors are located in the alley and Mr. Shamoan has requested that this portion of the block be exempt from the closing. In reference to the alley in block 1003, Mr. Musslewhite indicated that he is in favor of closing the alley from Ms. Harris' section down to McKenzie. _4inutes Regular Council Meeting January 10, 1989 Page 7 Mayor Turner stated that she understood that the alleys scheduled to be closed were not being used at all and she indicated that it is not the City's intention to create a hardship on any individual. Carl Crull, Acting Engineering Services Director, indicated that the alleys were not being used or were used by the first property owner off of the intersecting Street. He stated that he did not personally review the area but had spoken with Mr. Musslewhite. Mr. Crull referred to the Donut Shop which is set away from the alley property line and stated that staff feels that the combination of that driveway and one-half of the alley which would be returned to the owners of the Donut Shop would be sufficient to maintain the circulation in that area. In reference to the garage, Mr. Crull stated that his staff has looked at the area and that the fence from the Maverick Market is on the property line of the alley and under normal circumstances half the alley would go to the abutting property owner. He stated that the City can either leave that portion of the alley open, which would create a dead end alley or Mr. Shamoan could purchase that portion of the alley from the Maverick Market. Discussion followed and Council Member Rhodes expressed appreciation to Mr. Musslewhite for bringing this information to the attention of the Council. Mrs. Rhodes made a motion to table Item 16 so that Mr. Musslewhite can meet with staff and straighten out the situation for future presentation to the Council. The motion was seconded by Council Member Slavik and passed unanimously; Strong absent. Assistant City Manager Jesus Garza indicated that he will meet with Mr. Musslewhite and discuss the issues he presented. He clarified the definition of "use" in reference to public alleys and indicated that alleys are for public use and are the responsibility of the City. Council Member Pruet stated that the material given to the Council specifically stated that none of the alleys were being used and the Council used that as the criteria for the first and second readings of the ordinance. Mr. Pruet noted that there needs to be more awareness among the staff to take into consideration the tax base and property owners, as well as expediting the alley closure. Council Member Slavik noted that in the past when the City closed alleys they were very careful not to close alleys unless the people were polled. Mayor Pro Tem Guerrero stated that it should be recognized that the City closes alleys to establish a policy and fulfill ordinances in the City which help in the development. He stated that any time anyone opposes an alley closing, it is usually self-serving and the entire growth and future of the City cannot be jeopardized based on every objection. Council Member Rhodes stated that she sent in a Council form letter relative to the issues presented by Mr. Musslewhite and has never received a response. She noted that forms get lost and that is why the Council brings up ,inutes Regular Council Meeting January 10, 1989 Page 8 various matters at the end of the Council Meeting because they get taken care of. She suggested a method of having Council concerns placed on a list, and City Manager Garza stated that he is concerned about this situation and is working on a solution. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M89-0013 Motion amending the agreement for Architectural Services with Morgan Spear Associates, Inc., which was authorized by the City Council on June 21, 1988, for the design of Water Department facilities, to provide an additional fee of $26,000. The foregoing Motion was approved by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent. 5. M89-0015 Motion rejecting the bids received October 18, 1988, for the expansion of the Westside Wastewater Treatment Plant. The foregoing Motion was approved by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent. 6. M89-0016 Motion authorizing a one-year extension to the three-year primary term oil and gas lease for the 97.012 acre Maintenance Center granted to Jerry L. Keehan by the City Council on March 18, 1986. The foregoing Motion was approved by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent. 16. Tabled 61951476- AND--ABANDON-1- -111-F13BbF6-Ab1,896T-4 88446--PORT-1-0#E-0F -PrI AGKS-993 AND -344:3-4 F .-Abb-FW--»h GKS-3893x--F2{3r-b393T-3= ,--AN»-3503 I4-F1TGHWE PbA6BT--.4717--BLOCKS--1-r--2Z--841 -4--14F-444;--HUGHS6- WAWPRArr-6HBd£6T-4O•-TH£ PROViSFANS-BELOW;-PROVIDING-FAH-SBu£RANGEv * * * * * * * * * * * * * Mayor Turner called for consideration of Items 17 thru 19a. inutes Regular Council Meeting January 10, 1989 Page 9 Council Member Rhodes requested an explanation of Item 19a relative to a federal enterprise zone, and Mayor Turner indicated that Congressman Solomon Ortiz' office notified the City that there is a possibility that Corpus Christi might be considered for that designation along with other cities in the United States. City Manager Garza indicated that the deadline for submission of the application to be designated as an enterprise zone is January 17. He stated that the reason it was not brought before the Council was because the City had not shown an interest in applying and that yesterday Speaker of the House Wright had indicated his support for it. Mr. Garza stated that Assistant City Manager Tom Utter has done research on it; he has the expertise to put an application together; information is needed from the HUD office; and there would be an expenditure of about $9500 of funds involved. He stated that there would be no guarantee that the City would-be designated and competition will be tough. In response to questions from Council Members, Assistant City Manager Tom Utter offered an explanation of federal and state enterprise zones. He stated that the state passed enterprise zone legislation in anticipation that the federal government would adopt enterprise zones. He stated that presently state and local enterprise zones do not have much benefit; they have not really worked in the state of Texas; and they are really waiting on a federal enterprise zone. He stated that at the present moment all the federal enterprise zone does is target CDBG funds; it does not mandate that targeting; and the City would not receive another penny. Mr. Utter commented on the location of the proposed zone and stated that the City would probably consider the pocket of poverty UDAG zone. He stated that under the enterprise zone, there has to be a high unemployment rate, a loss of populations within an area and a high poverty rate. Mr. Utter indicated that the state enterprise zone has some advantage but the federal does have a major advantage. In reference to Item No. 19 relative to Alcoholic Beverages in Parks Near Schools, Council Member Slavik inquired if signs will be placed in the parks, and Assistant City Manager Hennings replied in the affirmative. Council Member Rhodes indicated that she would like to amend the ordinance to make it stronger. She made a motion that any waiver to possess alcoholic beverages would have to be granted by the Council so that it becomes a public issue. The motion was seconded by Mayor Pro Tem Guerrero. Council Member Berlanga referred to the waiver and indicated that there are times when schools have activities on Saturdays. The motion made by Mrs. Rhodes passed unanimously; Strong absent. The following people spoke in support of Item No. 19 and urged the Council to support the ordinance: Ms. Pinky Brauer, 505 Bellview, President of the City _nutes Regular Council Meeting January 10, 1989 Page 10 Council PTA; Ms. Doris Jensen, 4802 Augusta Drive, President of the Mary Carroll High School PTA; Ms. Nettie Mongia, 829 James; and Ms. Abbey Saenz, 5127 Cape Ann, Vice President of the City Council PTA. Mayor Pro Tem Guerrero pointed out that the Police Officers Association endorses this ordinance. City Secretary Chapa polled the Council for their votes and the following were passed: 17. M89-0018 Motion granting a 3 -month time extension for final City Council action to be taken on Zoning Application No. 588-5, Mr. Leonard Sanchez. The foregoing motion was passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent. 18. RESOLUTION NO. 20559 URGING THE STATE LEGISLATURE TO PROMPTLY CONSIDER AND APPROVE A RESOLUTION BY SENATOR CARLOS TRUAN URGING THE TEXAS PUBLIC UTILITY COMMISSION TO INITIATE A PROCEEDING TO ADJUST UTILITY RATES TO REFLECT INCOME TAX REDUCTIONS. The foregoing Resolution was passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent. 19. FIRST READING AMENDING THE CITY CODE, CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, SEC. 36-11, CURFEW; ALCOHOLIC BEVERAGES, BY AMENDING SUBSECTION (a); PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading, as amended, by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent. 19a. RESOLUTION NO. 20560 AUTHORIZING THE PREPARATION AND SUBMISSION OF A NOMINATION FOR FEDERAL ENTERPRISE ZONE DESIGNATION FOR THE CITY OF CORPUS CHRISTI AND DIRECTING THE CITY MANAGER TO EXECUTE THE NOMINATION AND ALL SUPPORTING DOCUMENTATION. A lutes zgular Council Meeting January 10, 1989 Page 11 The foregoing Resolution was passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza spoke of his intention to ask the Convention and Visitors Bureau for financial assistance for the Veterans Band's trip to the inauguration of the President. He indicated that the Veterans Band's appearance at the inauguration would be tremendous public relations for Corpus Christi. Mr. Garza indicated that he will keep the Council informed of his meeting with the Bureau. Council Member Slavik suggested that $5,000 be requested of the Bureau, noting that it would be a legitimate expense. Council Member Berlanga stated that he had spoken with Senator Graham and Congressman Ortiz and requested their support for the Veterans Band. He noted that the Senior citizens had put on a dance and raised $500 for the Veterans Band. Mr. Berlanga indicated that the Veterans Band is the official City band and he suggested that $10,000 be requested of the Visitors Bureau. Mayor Turner stated that it is an honor for the Veterans Band to be invited to appear at various events during the inauguration of the President and she stated that she would like to see individual Council Members support the band if they can. Mayor Pro Tem Guerrero stated that if the City is going to make a commitment, it should be at least $25,000 and he requested that the City Manager locate the source of money for the band. Council Member Rhodes stated that every week the City Manager is asked by the Council to find money for something, and City Manager Garza stated that every week the budget is monitored and that next year it is going to be a tough and challenging job to put the budget together. Mayor Turner called for liaison and other reports from the Council. Council Member Slavik referred to the Oso odor problem and inquired about the $265,000 to replace the headworks at the sewer plant, and City Manager Garza noted that the City could rearrange the priorities in the bond fund or find some monies in the wastewater fund to be allocated to that project. Assistant City Manager Jesus Garza indicated that he is presently working on the report and it will be completed this month. He stated that there are a series of options under consideration and the Council will be presented a complete presentation. Minutes Regular Council Meeting January 10, 1989 Page 12 Council Member Rhodes indicated that this situation is important and the City should spend money on infrastucture needs before money is spent on politically popular things. Council Member Slavik expressed concern that the Council was not informed of the Mayor's and City Manager's request for financial assistance of $3 million from the Port to help with the repair of the T -heads. She suggested that any time money is requested from another governmental body, the Council should be informed. City Manager Garza indicated that he intended to inform the Council and there would have been a presentation on January 17. He stated that things got out of control and it was not something he intended to do. Council Member Slavik referred to the subject of drugs in the work place and suggested that the Council voluntarily agree to be tested for drugs and possibly request the staff to be tested on a voluntary basis. She stated that she would like the Council to take the lead because it would send out a message to the community. City Attorney George stated that the issue of mandatory testing is pending before the U.S. Supreme Court. He noted that in 1986 it was suggested that the City have a program of drug testing; there was a five-page memo sent out relative to the pros and cons of the law is and what the liability issues were; and that there were seven conclusions. Mr. George indicated that if this is done, the City should be committed to do it correctly because of the liability. He stated that presently it is being done on a probable cause type basis and expressed concern that if someone is hired to do the drug testing and it is inaccurate, there could be a problem. City Manager Garza indicated his willingness to be tested and stated that the program should be well thought out and administered. Council Member Pruet commented on the request to the Port for funds and stated that on a number of occasions the Manager and staff look for innovative ways of working with other governmental entities to better serve the community. He stated that he does not know whether the City Manager or staff should be limited or prohibited from looking at every possible way of getting the maximum return in participation among the various governmental entities in the accomplishment of programs in the City. Mr. Pruet stated that he is not sure where to draw the line; the City Manager and staff have done an excellent job of stretching available dollars for the good of the City; and he hopes that the staff would continue to look at every possible way of revenue enhancement and bring it to the Council. Mr. Pruet referred to a memo from Assistant City Manager Elizondo relative to activities working on the island for the development and stated that it was an excellent report. Mr. Pruet requested the following information: what is the tax base the island represents and the proportion that tax base is to the overall tax base within the City; what are the City's annual receipts in revenue Minutes Regular Council Meeting January 10, 1989 Page 13 sales tax and property tax from the island; what has been the amount of City dollars invested in capital improvement projects on the island since it was annexed in 1981. Mayor Pro Tem Guerrero referred to Council Member Slavik's suggestion relative to the drug testing and concurred that the Council should take a leadership role as far as voluntary testing for drugs. Mr. Guerrero volunteered to be tested and requested that it be coordinated with Dr. Sisley. He stated that he hopes the other Council Members will also volunteer. Mr. Guerrero referred to the hearing Wednesday night at West Oso regarding Woody's Lounge and encouraged the Council Members to attend the hearing. Council Member Schwing volunteered to be tested for drugs in a leadership role and stated that he does not see anything wrong with mandatory drug testing. He stated that he would support any move toward mandatory testing of everyone. Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Philip Rosenstein, 949 Bobalo, commented on a TV program in which Council Member Pruet appeared. Mr. Rosenstein stated that Mr. Pruet made remarks relative to the closing of Shoreline which were misleading and could border on being false and deceptive. Mr. Rosenstein stated that there are some Council Members who have intimidated the Planning Commission; the Council should stop misleading the public; and that information given out to the public should be correct and accurate. Mr. John Helm, a representative of a group of citizens concerned about the permit and licensing in the City, stated that he represented the building owners and managers' group, the Hotel/Motel Association, the Corpus Christi Board of Realtors and the Corpus Christi Apartment Association. He indicated that they appreciate the support of the Council and indicated that while they were having a meeting with the staff, two of the members of their committee were written up for violations for permits and inspections. He stated that they are concerned about the future of the City. Mr. Helm indicated that they are concerned about the Ad Hoc committee which was put together by staff and stated that they have no representation on this committee. In response to a question from the Mayor about the Ad Hoc committee, Assistant City Manager Elizondo stated that a recommendation was made to the Council regarding membership of the committee and the Council made the appointments based on the various trade groups and staff. Mr. Elizondo noted that the Committee will make a presentation to the City Council at the Workshop Meeting on January 17. The Council and staff devoted considerable discussion to the topic of permits, fees and inspections, and it was pointed out that there will be a workshop session on this subject next Tuesday at 9:00 a.m. T 4inutes Regular Council Meeting January 10, 1989 Page 14 Council Member Rhodes inquired if staff could cease writing citations until the ordinance is changed. Mrs. Rhodes made a motion that the $200 administrative fee be put on hold until the ordinance is revised. The motion was seconded by Mayor Pro Tem Guerrero and passed unanimously. Mayor Turner encouraged the staff that before the Workshop Meeting they contact other communities where there are major apartment complexes and where home improvements are being done to see how their ordinance reads. * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Tom Hunt, 75 Townhouse Lane, commented on the issue in which the City requested funds from the Port and expressed the opinion that it was a humiliation to the City. He indicated that some of the Council was not aware of the incident and stated that it was ill conceived and ill planned. Mr. Hunt inquired about the revenue from the boat slips and suggested that money be used for the Marina. He referred to the rerouting of Shoreline and stated that he understood that there is $6 million planned to be used for this purpose. Mr. Jose Del Ramos, 414 North Chaparral, spoke in Spanish and commented on the parking meter requirements and excessive parking violations in the downtown area. He stated that it restricts the growth of business in the downtown area. Council Member Berlanga requested a report on how much the tax base has increased last year in the downtown area compared to the revenue collected on the meter fees. Mr. J. E. O'Brien, 4130 Pompano, referred to the concerns of staff regarding the permit fee issue and stated that it is a shame that when the City considers and actually fills in wetlands, they are not concerned about first securing a permit to do the work. Mr. O'Brien commented that in this City the City staff is rewarded with pay increases for incompetence. Mayor Turner recessed the Regular Council Meeting at 4:24 p.m. to convene the Meeting of the Corpus Christi Housing Finance Corporation. Mayor Turner reconvened the Council Meeting at 4:31 p.m. and the Council went into closed session pursuant to Article 6252-17, Section 2(e) of V.A.C.S. for attorney's advice with respect to pending or contemplated litigation and/or settlement offers in litigation relating to contractual disputes. The Council came out of Closed Session and Mayor Turner recessed the Council Meeting at 5:00 p.m. * * * * * * * * * * * * * Minutes Regular Council Meeting January 10, 1989 Page 15 Mayor Turner reconvened the Regular Council Meeting at 6:30 p.m. and opened the public hearing to consider the adoption of the Mustang -Padre Island Area Development Plan. She stated that the Council will take no action during the hearing but they are present to hear comments from the public. Mr. Brandol Harvey, Director of Planning, provided a brief overview of the Comprehensive Development Plan and stated that the purpose is to develop policies, goals and objectives for the future development of the City. He explained that the City had been divided into 12 areas and the development plans for two of the areas have already been adopted by the City Council. Mr. Harvey continued by stating that this plan was started in March, 1988; the Planning Commission and the Planning Staff have conducted 13 meetings, including 4 public hearings and 3 work sessions; and the plans have been revised after those meetings to address the various comments made at those meetings. He pointed out that the Island is a high-value land area and the recommendations approved by the Planning Commission represent an attempt to direct development in this environmentally sensitive area. He stated that the plans include recommendations for environmental use, land use, annexation, transportation and public service. Mayor Turner called for comments from the public. (Note: Mr. Homer C. Innis was unable to attend because of illness in his family but sent a letter expressing his opinion of the development plan and basically supporting the reopening of Packery Channel.) The following citizens spoke in regard to the Mustang -Padre Island Area Development Plan: (1) Dr. Paul Gray, 215 Mitchell Street, presented a letter to the City Council which he read as a part of his presentation. He suggested that before the plan is adopted, professional judgment and advice should be sought from the Texas Bureau of Economic Geology as to the possible effects of hurricanes on present and future high-density real estate development and the consequences of reopening Packery Channel. He also suggested that the City obtain input from the Members of the Texas Parks and Wildlife Commission. (2) Mr. Gar Johnson, Manager of the Holiday Inn on Padre Island, addressed the Council as President of the Padre Island Business Promotional Association. He informed the Council that the Association is concerned about future development of the Island and they feel that the proposed plan should be adopted as soon as possible. (3) Mr. Irian Serbu, 14310 Plaza del Rey, stated that everyone is interested in a boat pass through to the Gulf of Mexico, but he did not feel that the Packery Channel location is in the best interest of the public but seems to be for the benefit of the Lake Padre Development. He questioned the reopening of the boat pass at this location when there are no plans for a high f linutes Regular Council Meeting January 10, 1989 Page 16 bridge. He expressed the opinion that there are better locations for a boat ,pass within a two-mile area. (4) Mrs. Dorothy McLaren, 414 Buccaneer, read a statement presented by the Coastal Bend Sierra Club in which they objected to the dredging of Packery Channel. She reviewed the scientific and engineering concerns and noted that the Attorney General had questioned the legality of the Corps of Engineers' permit granted to the Reopening of Packery Channel Committee. (5) Mr. David Rashen, 229 NAS Drive, stated that he owns a 24' sailboat and he could not use the boat pass at Packery Channel at all. (6) Mrs. Mabel Byrnes, 14890 Cobo de Baro, spoke on behalf of the Island Planning Foundation and stated that they have been working for three years on an overall plan for the development; they are glad that the City Planning Department worked on the plan for this area; and she expressed the opinion that they have performed a good job. She urged adoption of the plan in its entirety. (7) Mr. John Parmer, 14306 Dorsal Street, President of the Padre Isles Property Owners Association, complimented the Planning Commission for their efforts on this plan and noted that they have listened to the concerns of the citizens and have included the worthwhile comments in this plan. He urged adoption as soon as possible. He also expressed the opinion that Packery Channel is the best location for the boat pass and stated that he did not feel that reopening the boat pass would create flooding in Flour Bluff as some have contended. He stated that the various studies examined by the Corps of Engineers convinced them that Packery Channel is the best site. (8) Mrs. Leah Olivarri, 5656 South Staples Street, spoke on behalf of The Island 2000 Task Force and presented copies of a letter from them expressing support of the development plan with a few suggestions. She noted that the plan is 75 pages long and apparently the only controversy is on one page of the document. She recommended adoption of the plan by the City Council. (9) Mrs. Gwen Bryant, 5029 Merganser, spoke in favor of the plan which she feels will benefit the largest segment of the community and urged passage of the .development plan. She concurred with the plan for annexation included in the plan. (10) Mrs. Marie Spear, 9320 South Padre Island Drive, pointed out the need for a general overview of the entire plan and stated that she had published an article in the "Flour Bluff Sun" on the plan. She expressed concern that the plan will eliminate the public beach because it allows for too much development for the area. She asked that adoption of the plan be delayed until the study on water quality is completed and requested that an independent study be made comparing the four possible locations for a boat pass, including a cost estimate, and not accept the study authorized by the Reopen Packery Channel Committee. Minutes Regular Council Meeting January 10, 1989 Page 17 (11) Mr. Ralph Durden, President of the Ralph Durden Company and Manager and General Partner of the Lake Padre Development, commended the staff and Planning Commission for the detailed study of the development plan for this area. He recalled that he had appeared before the Council in September, 1985, with a conceptual plan for the Island and explained that a group of planners .invested $2 million for the conceptual plan which was endorsed conceptually by the City Council. He explained that that money was spent on planning and permitting for the Island and they hope that this plan will attract investors to the Island. He presented a letter to the Council which included some technical comments and suggestions. (12) Mr. Frank Burney, San Antonio, Texas, spoke as counsel for Gill Savings Association of San Antonio, a savings institution which in 1982 had financed the purchase of 1,100 acres on the north side of the State Park on both sides of Park Road 53. Mr. Burney noted that they have an investment of over $20 million in this land and presented to the Council a master plan for the development known as La Concha Beach Club and Resort. He explained their plans for development and stated that he was very shocked that the master plan for Mustang -Padre Island did not include La Concha. He expressed the opinion that their mixed use plans should be included in the development plan so that when economics allows for it, development can continue. He agreed that the staff has had their plans added to the development plan but he wanted to be sure that the Council understands that $20 million has been invested already and he would particularly like to know what density is recommended for their area. (13) Mr. Philip Rosenstein, 949 Bobalo, inquired about the cost to the taxpayers, noting that it has been implied that the developers will pay for the development and asked for assurance that it will not entail costs to the ,taxpayers in the future. (14) Mr. Miles Graham, 3118 Coral Reef, spoke as a member of the ROPC Association which was formed to answer some of the questions being raised. He stated that they are in favor of the boat pass at Packery Channel and that they had prepared an environmental assessment in order to obtain a permit from the Corps of Engineers which they have obtained. He stated that the Packery Channel Boat Pass will benefit, not only the Lake Padre Development, but all citizens and expressed the opinion that this should be a joint private/public venture. (15) Mrs. Pat Suter, 1002 Chamberlain, presented to the Council a letter from the Environmental Coalition and stated that environmentally, they object to several aspects of the plan. She expressed concern that the plan is to take the barrier islands in their natural state and replace them by a man-made plan which can become disastrous when hurricanes strike with the resulting increases in insurance costs for all citizens in this area. (16) Mr. J. E. O'Brien, 4130 Pompano, stated that he has heard statements that the only area of controversy in the plan is the reopening of Packery Channel, but he objects to the use of limited purpose annexation that is planned for the area. He expressed the opinion that this plan should not be adopted at 1 Ainutes Regular Council Meeting January 10, 1989 Page 18 this time because citizens do not know enough about this plan. He presented a copy of the article published by Mrs. Spear in the "Flour Bluff Sun." He informed the Council that the people of Mustang Island are not too happy about being annexed to the City of Corpus Christi. He also noted that the control of beaches should not be by the City of Corpus Christi because this could change .the way the beaches are operated. He objected to the plan to annex those lands that were voted down by the citizens of Corpus Christi. He expressed opposition to the planned annexation to be included on the April 1 Election because of the increase in costs over the estimated cost of annexation which was accomplished by ordinance some time ago but later cancelled when an indication was made that a petition would be presented calling for an election on that annexation. (17) Mr. Raymond Hasker, 1813 Wallace, spoke in opposition to the plan because of the proposed annexation which will mean the end of open beaches. (18) Mr. Thomas Riley, 14214 Bluefish, spoke in favor of reopening of Packery Channel, particularly for the exchange of water. Mayor Turner recognized Mayor Jay Barr of Port Aransas who introduced their City Manager and several Council Members. (19) Mr. Benny Benavides referred to the statement made by Ralph Durden that his development will create jobs and noted that if this is to materialize, the City Council should be able to do whatever they can to bring in the development and the jobs. He stated that he is in favor of the development plan. (20) Mr. Billy McDaniel, 4414 Hickey, member of the ROPC, endorsed the development plan and urge its adoption. (21) Mr. Frank Hankins, 1721 Crestview, noted that large boats will continue to go to the Gulf through the Ship Channel. No one else spoke in regard to this subject. A motion was made by Council Member Pruet that the hearing be closed, seconded by Mayor Pro Tem Guerrero and passed unanimously. The Mayor declared the meeting adjourned at 7:20 p.m., January 10, 1989. 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 January 10, 1989 which were approved by the City Council on January 17, 1989. WITNESSETH MY HAND AND SEAL, this the ()-244t-day of / ` " q 9 1/A lit tty Tur r, MAYOR T 1 Armando Chapa, City Sect$tary City of Corpus Christi