Loading...
HomeMy WebLinkAboutMinutes City Council - 01/31/1989MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 31, 1989 2:00 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem Frank Schwing Council Members: David Berlanga, Sr. City Manager Juan Garza Leo Guerrero City Attorney Hal George Clif Moss City Secretary Armando Chapa Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong * Mayor Betty Turner called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Milton Muehlberger of Abiding Savior Lutheran Church following which the Pledge of Allegiance to the Flag of the United States was led by Council Member David Berlanga. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Turner called for approval of the Minutes of the Regular Council Meeting of January 24, 1989, and there being no corrections or additions, she proclaimed them approved as written. Mayor Turner acknowledged Dr. Sanford Glanz, a local plastic surgeon and representative of Al Amin Shrine Temple, who gave a presentation on the Shriner's Hospitals for Crippled Children. Mayor Turner administered the Oath of Office to the following Board and Committee appointee: Curtis Dyer - Private Industry Council. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings on Items 1 thru 12, and Council Members and a member of the audience requested that Items 2, 4, 7 and 12 be withheld for discussion. MICROI EJ- M s ReL,..ar Council Meeting' January 31, 1989 Page 2 There were no comments from the audience on the other items. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M89-0027 Motion approving the award of a supply agreement for wrecker service for City owned vehicles with All State Wrecker Service, based on low bid for an estimated expenditure of $30,000. The term of the contract is twelve months with an option to extend for an additional twelve months subject to the approval of the contractor and the City Manager or his designee. The contract will be administered by Maintenance Service Department, and costs of services will be charged to the expense code of each individual vehicle. The foregoing motion was passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 3. M89-0029 Motion approving award of a supply agreement for coal tar enamel and primer with Mavor-Kelly Company for the estimated total annual expenditure of $10,207.50 and felt with Nelms Supply Company for the estimated total annual expenditure of $1,840. The awards are based on low bids. Term of the contracts is 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 material will be used by the Gas Division. The foregoing motion was passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 5. M89-0031 Motion appointing Mayor Betty Turner as the Chairman of the Board of Directors of Reinvestment Zone No. 1. The foregoing motion was passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 6. RESOLUTION NO. 20578 AUTHORIZING THE ACCEPTANCE OF THE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION'S MINUTE ORDER NO. 88110 PERTAINING TO THE DESIGNATION OF PARK ROAD 53 AS A STATE HIGHWAY. inutes .regular Council Meeting January 31, 1989 Page 3 The foregoing Resolution was passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 8. FIRST READING AUTHORIZING THE EXECUTION OF A SERVICE AGREEMENT WITH CHRISTINE HEINESH FOR THE OPERATION OF MANUAL FOOD AND DRINK CONCESSIONS AT BILL WITT AND GREENWOOD SOFTBALL COMPLEXES. The foregoing Ordinance passed on first reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 9. 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 ADDING DRY HARD STAND BOAT STORAGE. The foregoing Ordinance passed on first reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 10. ORDINANCE N0. 20580 AUTHORIZING THE CITY MANAGER TO EXECUTE A USE PRIVILEGE AGREEMENT WITH THE COUNTRY CLUB ESTATES CIVIC ASSOCIATION TO ALLOW THE INSTALLATION OF THREE ENTRY MARKERS IN THE PUBLIC RIGHTS-OF-WAY OF OAKBROOK, CORAL GABLES, AND SWANSON STREETS. The foregoing Ordinance was passed on third reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 11. ORDINANCE NO. 20581 CLOSING AND ABANDONING THE 15 -FOOT WIDE UTILITY EASEMENT IN LOT 2, BLOCK 1, MOORE PLAZA SUBDIVISION, SUBJECT TO THE PROVISIONS LISTED BELOW. The foregoing Ordinance was passed on third reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Strong absent at the time the vote was taken. * * * * * * * * * * * * * * Council Member Strong arrived at 2:20 p.m. lutes _.egular Council Meeting January 31, 1989 Page 4 Relative to Item No. 2 on Approving the Supply Agreement for Computer Paper, Council Member Slavik inquired if the price of paper stock has gone up enough for the City to recycle its paper and to encourage other government entities to do the same, and City Manager Garza responded by stating that the City does some paper recycling, but he does not know how much money has been generated. Mrs. Slavik requested a report on this matter. Relative to Item No. 4 on the Approval of Plan & Adoption of the Timetable for the 15th Grant Program, Council Member Slavik inquired media complies with the neighborhood meeting Garza replied in the affirmative. the Revised Citizen Participation Year Community Development Block if using the various sources of requirements, and City Manager Assistant City Manager Elizondo briefly commented on the procedure for scheduling the public hearings and stated that there have been fewer neighborhood meetings because the emphasis has been on the participation at the public hearing level. Mr. Elizondo described the parameters of a public hearing and explained the differences between a public meeting and a public hearing. Mayor Turner indicated that it will be difficult to solicit input from the neighborhoods because of the decrease in the meetings. She requested that the Council be provided a copy of the map of the CDBG eligible areas, a calendar listing the scheduled meetings, and a copy of the document which lists the kinds of projects available. Council Member Guerrero stated that the policy statement should be clear as to what the CDBG eligible areas are and what the priorities are. Mr. David Noyola offered a suggestion relative to organizations applying for CDBG funds whereby they should be notified if they had qualified or not. Relative to Item No. 7 on the Bilingual Theater Company, Council Member Slavik inquired about the cost of the roof repairs and the source of the funds, and City Manager Garza responded by stating that the repairs will be about $1,500; the funds will come from the CDBG Fund; and it is a legitimate use for CDBG money. Relative to Item No. 12 on the Industrial District Agreements, Ms. Pauline Clarke, a representative of the League of Women Voters, posed several questions relative to this item and inquired about the length of the contracts and if the industries are port related. In answer to Ms. Clarke's questions, City Manager Garza indicated that the districts have about two and one-half years left on their existing contracts, and the City will negotiate with the districts about three years from the date of approval of these contracts. Mr. Garza indicated that the contracts proposed are seven years in length; they are mostly port related industries; and they are located outside the City limits. He stated that the City deleted a sentence in the contract which encourages future Councils to extend these Minutes Regular Council Meeting January 31, 1989 Page 5 contracts. Mr. Garza continued by stating that this involves more than taxation, noting that the water rates which the districts pay outside the City limits are substantially higher. Ms. Clarke indicated that the League supports the industrial districts along the port area, indicating that they should not encircle the City. She suggested that the City study each proposal when it is time for renewal and she asked to see the contracts. City Secretary Chapa polled the Council for their votes and the following were passed: 2. M89-0028 Motion approving a supply agreement with the following computer paper based on low bid and only bid for a total The term of the contracts will be twelve months with option up to an additional twelve months subject to the approval o and the City Manager or his designee. These items will b Department of Municipal Information Services. Bowater Computer Forms Data Documents The foregoing motion was Berlanga, Guerrero, Moss, 4. M89-0030 $49,701.00 (low bid) 849.30 (only bid) Total $50,550.30 companies for of $50,550.30. to extend for f the supplier e used by the passed by the following vote: Turner, Schwing, Pruet, Rhodes, Slavik and Strong voting, "Aye." Motion authorizing the City Manager to implement the revised Citizen Participation Plan timetable for the 15th Year CDBG Program. The foregoing motion was passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting "Aye." 7. ORDINANCE NO. 20579 AUTHORIZING THE EXECUTION OF AGREEMENT FOR THE LEASE OF THE FORMER NATIONAL MARITIME UNION PROPERTY AT 1742 MESQUITE STREET BY THE BILINGUAL THEATER COMPANY; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 1 'mutes Regular Council Meeting January 31, 1989 Page 6 12. ORDINANCE NO. 20582 AUTHORIZING THE CITY MANAGER TO EXECUTE NEW SEVEN YEAR INDUSTRIAL DISTRICT CONTRACTS WITH THE INDUSTRIES WITH WHICH THE CITY CURRENTLY HAS CONTRACTS. The foregoing Ordinance was passed on third reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." * * * * * * * * * * * * Mayor Turner called for consideration of Items 13 and 14. Relative to Item No. 13 on the Retainage on Contracts of $400,000, Council Member Slavik inquired if the City will gain about $300,000 by rescinding this ordinance, and City Manager Garza replied in the affirmative. Relative to Item No. 14 on the Proposal for Televising City Council Meetings, Council Member Moss inquired if it would be cheaper if this were handled by the City rather than granting an extension to the cable company, and City Manager Garza indicated that it is possible the City could do it cheaper, but the cable company has the experience and expertise to do it correctly, noting that the City would have to learn as it went along. Mr. Garza indicated that the equipment is very expensive; they would help the City get started; and in the future, they would provide the funds to support the position. He stated that a City position will be established to operate the equipment. In answer to a question from Council Member Slavik, Tomas Duran, Senior Assistant to the City Manager, stated that presently the revenue to TCI Cablevision is $12} million and with the four percent in franchise fees, the City's share is approximately one-half million dollars. He indicated that as TCI's business grows, the revenue to the City would continue to grow. He indicated that the City could increase the franchise fee to five percent but would not be able to substantiate doing that. Mr. Duran indicated that most conventional cable contracts usually run twenty years and under the existing law, it would be very difficult not to extend their franchise in 1996. Council Member Slavik referred to the three suggestions offered by Mr. William Mays, Chairman of the Cable Communications Advisory Committee, and inquired if staff will incorporate those suggestions, and City Manager Garza indicated that staff will work with the Commission, noting that it is very difficult for the City to exert any kind of regulatory control over the cable company. Mr. Robert Gilmartin, 4645 Ocean Drive, a member of the Cable Communications Advisory Committee, indicated that he is familiar with broadcasting and is not opposed to televising City Council Meetings. Mr. Gilmartin stated that there are 54,000 subscribers in the City who pay for basic cable; there are about 47,000 subscribers who pay for pay cable; the City's franchise fee for this year will be $664,000; and the gross revenue to the cable Minutes Regular Council Meeting January 31, 1989 Page 7 company is $16.6 million. Mr. Gilmartin quoted several other figures and expressed the opinion that the City itself should televise the meetings. Mr. Gilmartin indicated that the Cable Advisory Commission tried to get the cable company to televise Council Meetings, noting that the cable company did not approach the committee but went to the City staff to arrange a deal. Mr. Gilmartin indicated that if the Cable Communications Advisory Committee cannot advise the Council, they should not be in business. Council Member Pruet stated that because of TCI's present investment position, it would be almost impossible not to grant them an extension in 1996. He indicated that the City does not have any control over whether or not the cable company will have future increases. He indicated that he does not think TCI contacted staff to try to work out an arrangement because he, along with others, contacted TCI relative to televising Council meetings looking for a vehicle to better inform the public. Mr. Pruet indicated that this is a badly needed service and staff and TCI should be commended for working very hard to come up with an agreement. Council Member Rhodes concurred with Council Member Pruet. Council Member Slavik requested that the Council be provided a staff report before the second reading of the ordinance incorporating the figures quoted by Mr. Gilmartin. Mrs. Slavik concurred with the idea of televising the meetings; she expressed concern about extending TCI's contract; and stated that TCI had done a good job. City Manager Garza indicated those figures will be provided the Council. Council Member Guerrero concurred with Council Member Pruet and stated he is not concerned about the money TCI makes, just as long as the City gets its share and that the last thing the City should do is get into the cablevision business. City Secretary Chapa polled the Council for their votes and the following Ordinances were passed on first reading: 13. FIRST READING RESCINDING ORDINANCE NO. 19509, AND PROVIDING FOR THE PAYMENT OF INTEREST EARNED FOR RETAINAGE OF GREATER THAN FIVE (5) PERCENT ON CONTRACTS OF $400,000 OR MORE. The foregoing Ordinance was passed on first reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." Iinutes Regular Council Meeting January 31, 1989 Page 8 14. FIRST READING GRANTING TO TCI CABLEVISION OF TEXAS, INC. AN AMENDMENT TO THE CABLE TELEVISION FRANCHISE GRANTED IN ORDINANCE N0. 16133, TO EXTEND SAID FRANCHISE FOR FIVE YEARS IN CONSIDERATION OF TCI PROVIDING CERTAIN EQUIPMENT, CONTRIBUTIONS AND SERVICES IN SUPPORT OF PROGRAMMING ON THE GOVERNMENTAL ACCESS CHANNEL; PROVIDING PENALTIES FOR VIOLATION; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner opened the public hearing on the amendment to the Comprehensive Plan's Transportation Plan for extension of Corona Drive with connection to Williams Drive just east of Everhart Road and redesignation of Williams Drive as a 48 -foot urban collector street from the Corona/Williams connection to its intersection with South Staples Street. David Seiler, Traffic Operations Engineer, presented the formal presentation and showed graphics of the area. Mr. Seiler began his presentation by presenting a historical overview of the project. He stated that staff has restudied the need for the extension of Corona Drive between Everhart Road and South Staples to address foreseen traffic circulation and site access needs related to the Blanche Moore Tract development. He stated that the staff has determined the extension of Corona Drive to be a necessary component of the street system needs of the tract development, as well as for the City's overall street circulatory system. Mr. Seiler indicated that final analysis of the staff has maintained its original recommendation to extend Corona Drive, merging it with a reverse curve connection to Williams Drive just east of the Board of Realtors' property on the basis that this plan represents the most feasible, cost-effective option. (Alternative A) Mr. Seiler commented on the various factors which entered into the staff's analysis and indicated that included in the staff's recommendation as part of the Corona Drive extension is the widening of Williams Drive to 48 feet from the proposed connection with Corona Drive to South Staples Street. He stated that if this plan is selected, construction of the Corona Drive extension and the widening of Williams would be included in conjunction with Phase II of the Gardendale Street Improvement Project. Mr. Seiler indicated that right-of-way acquisition and construction funds will need to be programmed in the future. Mr. Seiler stated that the Planning Commission had three workshop discussions and one public hearing on the issue of the Corona Drive extension and is in support of the Staff recommendation (Alternative A). He stated that the Transportation Advisory Committee studied this matter, prior to final replatting and announcement of current site planning for the Blanche Moore Tract, and recommended an extension of Corona Drive through Blanche Moore Tract property with a connection to Williams Drive near the old Blanche Moore School. He-stated-thet the -re---- `-- -''recommendation was for preservatienn--ef hr- 'fi r Minutes Regular Council Meeting January 31, 1989 Page 9 residential integrity of Williams Drive and its strong opinion that the Blanche Moore Tract development should bear the primary burden for support of the development -related street system needs. Mr. Seiler commented on the traffic patterns of the streets in the area and noted that the extension of Corona Drive is considered necessary, irrespective of the Blanche Moore Tract development, for continuity of the Tiger Lane/Corona Drive/Williams Drive street "collector" system street system to Padre Island Drive. He stated that construction of a Corona Extension through Blanche Moore property will result in a substantially greater cost for right-of-way acquisition (minimum $1.3 million), street construction cost (est. $600,000) and for future street maintenance. Mr. Seiler indicated that the cost of a Corona Drive extension to Williams Drive just east of the Board of Realtors' property and widening of Williams to a 48 -foot street will involve nominal extra street construction cost (est. $150,000) in addition to the costs of improving Williams Drive as a residential (28 -foot) street and would involve right-of-way acquisition costs of approximately $310,000. Council Member Rhodes inquired if the money in the bond fund included the acquisition of the aforementioned properties, and Carl Crull, Acting Engineering Services Director, responded by stating that it does not include those acquisitions and the City would have to make a reappropriation from unallocated balances in the street bond fund to make the necessary right-of-way acquisition. Mrs. Rhodes asked what the staff's objection is to Alternative B, and Mr. Crull replied that it would cost $1.3 million minimum for the right-of-way acquisition and another $600,000 in construction costs. He stated that the property has been platted and building permits have been issued for some major development. Council Member Slavik expressed concern about the integrity of the neighborhood and in answer to a question she posed relative to rezoning, Planning Director Harvey indicated that it may result in some rezoning; there is no requirement for rezoning; and as a result of the Transportation Plan, rezoning will probably be forthcoming at the request of the property owners. He stated that the market pressure for commercial property would happen under either alternatives for that property between Williams Drive and the Blanche Moore tract. Mayor Turner indicated that she is a member of the Board of Realtors and inquired if there would be a problem with her participation in this discussion, and City Attorney George responded by stating that the Mayor and a Council Member are members of the Board of Realtors; it is a professional organization; they do not receive financial gain from their membership; and they have made statements that they would be unbiased. Mr. George indicated that it would not be a violation of the Code of Ethics for the Mayor and Council Member to participate in the discussion or vote on the issue. Regular Council Meeting Tanuary 31, 1989 Page 10 Mayor Turner inquired if there is a plan to work with the property owners to answer their questions and resolve their concerns, and Assistant City Manager Jesus Garza stated that once this concept is approved, staff will work with each property owner that was affected. Mayor Turner called for comments from the audience. Ms. Beverly Ware, 4838 Williams Drive, spoke in opposition to Alternative A and stated that her home will be affected by the extension and she does not want to move. She stated that the increased traffic will be horrendous; there are numerous children and elderly in the area; and she asked the Council to find another alternative. Ms. Sandy Luccio, 5106 Williams Drive, Chairman of the Gardendale Neighborhood Association, indicated that the Association is in strong opposition to the extension of Corona through Williams and the widening of Williams to 48 feet. She indicated that it will cause unnecessary hardship and create a loss of the integrity of the neighborhood. She asked the Council to consider another route and stated that Holly Road is more parallel to South Padre Island Drive and suggested widening Holly to a 48 -foot street. Ms. Marilyn Massey, representing her father, Mr. Earl Thompson, 4834 Williams Drive, referred to the Planning Commission's recommendation of a few years ago and noted that the City Council chose not to take that recommendation. She indicated that they do not want Corona Drive extended and do not want to keep fighting this battle. She indicated that the City wants to take seventy feet of her father's property and she suggested that the City take the entire property and not just seventy feet. She presented a picture of her father's house. Mr. Foster Edwards, Executive Vice President of the Board of Realtors, indicated that they own property on Williams and Everhart; they are in favor of Alternative B; they are against Alternative A because it would diminish their property by forty percent. Mr. Edwards indicated that the Planning Commission's old plan from two years ago is the correct plan. He urged the Council to find another way to put this street in. Council Member Guerrero inquired about the original plan which was proposed about a year ago, and Mr. Crull replied that the option was Alternative B which was discussed about two years ago. He stated that plan was the recommendation of the Transportation Advisory Board and the cost of acquisition is approximately $1.3 million and construction would be over $600,000. Mr. Crull continued by explaining that the owners of the Blanche Moore tract proceeded to plat the property without any requirement for dedication of right-of-way and the plat has already been approved for development. linutes Regular Council Meeting January 31, 1989 Page 11 Council Member Pruet reminded the Council that Corona Drive was removed from the category of a straight collector street and the problem that needs to be corrected now was created twenty years ago. Mayor Turner expressed concern about the Board of Realtors who have the right to know how they can have access and egress to their property, and Mr. Crull stated that the City Council has the prerogative of allowing the portion of Williams that is planned to be closed to revert back to the property owners. He stated that he will meet with Mr. Edwards to discuss this possibility. Council Member Slavik suggested that Holly Road could be used as an arterial street rather than Corona, and Mr. Crull commented that Holly Road is already designated as an arterial street and it is in the PASS Program for a collector street by the State Department of Highways and Public Transportation. He stated that the staff feels that there is a need for both Holly Road and Williams Drive as arterial streets. Mr. Crull then explained the plans for obtaining right -of- way and relocation expenses for property owners who are being displaced. Council Member Rhodes stated that she agreed that the Board of Realtors should be considered as well as the property owners who would be displaced and requested that answers to those questions be available next week. Mr. Sam Allen, past Director of the Board of Realtors, referred to their property and expressed the opinion that the $310,000 is an unrealistic figure. He expressed the opinion that the entire package should be dealt with at this time and described the curb cuts into their parking lots and other features that have not been included in the plans. Assistant City Manager Garza stated that if the alignment recommended is approved, staff can begin the process to close that portion of Williams Drive near Everhart. Mr. Alfred Smith, 5307 Williams Drive, stated that he is speaking on behalf of Mr. and Mrs. G. T. Cunningham and urged that the City plan for at least four lanes of traffic on Williams Drive for safety purposes. Mrs. Peggy Hayes, President of the Corpus Christi Board of Realtors, stated that they had heard about the widening of Everhart and inquired if the map shows this plan. Mr. Crull explained that the map shows the dedication that the Moore estate gave to the City as a requirement of platting and stated that the City plans to widen Everhart from Corona to Padre Island Drive eventually for smoother traffic flow. Council Member Slavik inquired about acquisition costs, and Assistant City Manager Garza stated that funding is available to make Williams a 28 -foot residential street and the additional funds would have to come from the unallocated balance of the street bond fund. ,inutes Regular Council Meeting January 31, 1989 Page 12 Mr. John Helm, 4314 St. George Street, a member of the Board of Realtors, informed the Council that he sent out 100 letters to residents on Williams Drive; thirty-four were returned in favor of the widening and extension of Williams Drive; and two in opposition were received. Mrs. Pearl Carr, 5238 Williams Drive, stated that she is also speaking on behalf of Mrs. Helen Ryerson of 5242 Williams and stated that they are both in favor of widening the street. Also speaking in favor of the widening were Mr. Hal C. Motes and Mr. Homero Gonzalez of 5333 Williams Drive. Mrs. Linda Benavides, who owns property at 5217 and 4925 Williams Drive, agreed that the street needs to be widened. She recalled that David Seiler and the Planning Commission mentioned another alternative which was to make the street forty feet wide similar to Betty Jean Street. She stated she agreed with that suggestion and urged approval as soon as possible. Mr. J. J. Wade, 5338 Williams Drive, spoke in favor of widening Williams Drive but stated that he would like to see Corona deadended where it presently is located. A motion was made by Council Member Slavik to close the public hearing; seconded by Council Member Pruet and passed unanimously. Mayor Turner noted that Alternative B is no longer a viable alternative. She stated that she sympathizes with the people who will be most severely affected and stated that the staff would be available and willing to work with them. Mayor Turner indicated that the Board of Realtors' concerns need to be addressed within the next two weeks so that by the third reading they have answers to the questions. Council Member Guerrero stated that, in his opinion, this should have been resolved two years ago; it was not; and now the City is trying to fix a problem. Council Member Slavik inquired about the time frame when the Transportation Advisory Board voted to recommend Alternative B and when the Blanche Moore property construction began. She expressed concern that Alternative B is not a viable alternative, and Carl Crull, Acting Engineering Services Director, indicated that the Transportation Advisory Board voted on this at the end of September; the plat of the Blanche Moore property was filed sometime in the summer of 1987; and it precluded the City from requiring that right of way. Mr. Crull indicated that construction has started and building permits have been issued. Council Member Pruet referred to the land proposed to be closed and inquired about the disposition of that land once it is closed. He suggested that the staff get very specific with the people in opposition before the second es R,„lar Council Meeting January 31, 1989 Page 13 and third readings so that they know exactly what is being voted on. Mr. Pruet referred to the residential property where portions are proposed to be taken and inquired if the City's cost projections for those properties indicate the anticipated expenses of just the portion taken or for the entire tract, and Assistant City Manager Jesus Garza indicated that it is just for the specific property taking. He stated that the $310,000 is for the portion that the City will be taking, and if they are going to acquire an entire tract which is not scheduled, additional funds will have to be acquired. Council Member Pruet indicated that the property owners should have a voice in whether the City takes a portion or pays for the entire amount and this should be negotiated with the staff and the property owners. Mr. Pruet made a motion that the above would be an option of those owners and that it be included in the cost of Alternative A. The motion was seconded by Council Member Rhodes and passed unanimously. Assistant City Manager Jesus Garza referred to the property at 5238 Williams and stated that staff discussed and debated about the adversity the taking would have. He noted that on at least two pieces of property the City is only taking a sliver; and staff would like the opportunity to evaluate that to determine whether the entire taking is necessary. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed on first reading: 15. FIRST READING AMENDING THE CORPUS CHRISTI URBAN TRANSPORTATION STUDY 1979 ADOPTED BY ORDINANCE NO. 15181 PASSED BY THE CITY COUNCIL ON OCTOBER 17, 1979. The foregoing Ordinance was passed on first reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * City Secretary Chapa indicated that he sent the Council a memorandum regarding the establishment of branch polling stations for absentee voting and asked direction from the Council as to whether he should proceed with the changes, and it was the consensus of the Council that the City Secretary proceed to establish these substations for the April 1 election. Mayor Turner called for the City Manager's report. City Manager Garza indicated that he had received word from Austin that the Governor has endorsed the merger of Texas A&M and CCSU. Mr. Garza indicated that he and the Mayor have been invited to a reception in Austin on Wednesday and he will be attending. linutes Regular Council Meeting January 31, 1989 Page 14 Mr. Garza commented on an issue relative to the air conditioning system at the Corpus Christi Museum, and Assistant City Manager Hennings provided background information on the expansion of the museum and the airconditioning system which was originally recommended to be a direct fire chiller system. Mr. Hennings commented on an alternative air conditioning system which is an engine driven chiller system manufacturered by Gemini Energy Systems which is manufacturered locally. Mr. Hennings stated that there would be a savings in gas consumption with the engine driven chiller and an increase in maintenance costs. He stated that the City has a contract with Black Brothers to do the expansion; they have used the direct fire chiller; and have indicated if the City wants to change to the engine chiller, they need to know as soon as possible. Rick Stryker, Director of the Museum, stated that he has some concerns about the uniqueness of the museum. He stated that there is a predictable repair sequence with the Gemini engine system, noting that the one which was recommended does not have that much down time to repair. After discussion of this item by various Council Members, a motion was made by Council Member Pruet to purchase the Gemini system for the museum; seconded by Council Member Guerrero and passed unanimously by those present and voting; Berlanga, Rhodes, Slavik and Strong absent at the time the vote was taken. Mr. Garza referred to the meeting held relative to Oleander Point with members of the neighborhood association and noted that the meeting did not go that well. He proposed that after the issue has gone through the Park and Recreation Advisory Committee and is brought to the Council, it should be resolved. Mr. Garza stated that the list of concerns which was given by Toby Shore Oshman were quite reasonable. Mayor Turner noted that the Sailboarding Task Torce has submitted their report; they have met their charge; and the task force will be dissolved. She suggested that the other concerns be handled by staff and the Park and Recreation Advisory Committee. Council Member Guerrero referred to a comment made at the meeting relative to the cost of dredging out that portion in lieu of reconstruction of the beach improvements and suggested that the staff obtain those cost figures. Council Member Strong noted that there are three different situations which need to be addressed at Oleander Point, one being an alternate site for very large events in the future; two, permanent improvements to that park; and three, the City needs to address the neighbors' concerns which arose from last year's event. She stated that she talked with Dr. Moseley about the rip rap and what it would take to remove it; he does not think it would require a Corps permit; and the cost would be about $10,000. She stated that Dr. Moseley is willing to work with staff. Minutes • Regular Council Meeting January 31, 1989 Page 15 Council Member Slavik referred to the nine suggestions presented by Toby Shore Oshman and asked if staff concurred with those suggestions, and City Manager Garza indicated that some of the suggestions could be worked out and that the neighborhood association will be kept advised. Council Member Guerrero referred to a request he had turned in relative to a position the Council should take regarding pornographic business type establishments and that the request is in Legal pending a recommendation. Mr. Guerrero stated that San Patricio County recently passed an ordinance pertaining to this matter and he suggested that the City of Corpus Christi needs to act on one accordingly. Mr. Guerrero noted that action should be taken on the drug testing issue, indicating that the City Manager needs to be tested and that he would like to see a structured schedule of the testing. City Manager Garza stated that he is not prepared to recommend mandatory testing for the City. Council Member Strong commented on a letter she presented to the Council relative to the Packery Channel Meeting tentatively scheduled for February 14 at 9:00 a.m. and requested that the Council submit their ideas and questions to her by Thursday, February 2. Discussion followed and Council Members Rhodes and Slavik offered some suggestions to Mrs. Strong's recommendations, and a motion was made by Council Member Slavik that Dr. Orrin Pilkey of Duke University be added to the list of participants to be invited. The motion was seconded by Council Member Rhodes and passed unanimously; Berlanga and Pruet absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Pedro Martinez indicated that he appeared at the last Council Meeting regarding a matter concerning an employee in Neighborhood Improvement and stated that he still does not know how to take care of this problem. Assistant City Manager Elizondo updated the Council on the matter and stated that he is convinced the City followed the correct procedure. He explained the $180 charge issued to Mr. Martinez and noted that Mr. Martinez' address of record was not changed until August of 1988. The Council went into closed session at 6:10 p.m. pursuant to Article 6252-17, Section 2(e), of V.A.C.S., to discuss pending or contemplated litigation regarding alleged City code violations and/or public nuisance. Mintl *gni— Council Meeting January 31, 1989 Page 16 The City Council reconvened at 6:50 p.m. A motion was made by Council Member Strong, seconded by Council Member Pruet to accept the report of findings of the hearing officer regarding the Nuisance Hearing on Woody's Nite Life Lounge and to refer the report to the City legal staff for options or possible legal actions. The motion was approved unanimously. There being no further business to come before the Council, Mayor Turner declared the meeting adjourned at 6:55 p.m. on January 31, 1989. * * * * * * * * * * * * * T 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 31, 1989 which were approved by the City Council on February 14, 1989. WITNESSETH MY HAND AND SEAL, this the day of 19 81 . Betty Tw ner, MAYOR Armando Chapa, City -'Secretary City of Corpus Christi