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HomeMy WebLinkAboutMinutes City Council - 02/21/1989MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 21, 1989 2:00 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem Frank Schwing Council Members: David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by Pastor San Williams of Parkway Presbyterian Church following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Linda Strong. 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 Workshop and Regular Council Meeting of February 14, 1989, and there being no additions or corrections, she proclaimed them approved as presented. Mayor Turner read a Proclamation designating February 26 thru March 5, 1989 as "Health Week." She presented the Proclamation to Mrs. Josephine Sparks who made appropriate remarks about the planned activities and the prestigious visitors who will be in the City during that week. * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings on Items 1 thru 15 with the exception of Items 8a, 8b and 8c which were a supplement to the agenda. Council Members and members of the audience requested that Items 1, 2, 3, 4, 5, 7, and 8 be withheld for discussion and the following items were approved: MICROFILMED Minutes Regular Council Meeting February 21, 1989 Page 2 6. M89-0048 Motion approving an agreement with McCord and Lorenz, Architects/Engineers, to design the Water Laboratory Facility which provides for a fee of $3,000 for the programming phase of the facility and $16,000 in architectural services. The foregoing motion passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 9. M89-0050 Motion accepting the McNorton Area Street Improvements project and authorizing final payment of $115,565.21 plus retainage interest to Haas Paving Company, Inc. The foregoing motion passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 10. ORDINANCE NO. 20600 AMENDING ORDINANCE NO. 20173 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREET: McNorton Area Streets, Phase B - 1. McNorton Road, from Rand Morgan Road to Clarkwood Road, 2. Caroline Road, from McNorton Road to Clarkwood Road, 3. Marshall Road, from McNorton Road to Caroline Road, and Blanco Road, from McNorton Road to Dead End; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 11. FIRST READING AUTHORIZING THE EXECUTION OF A TWO-YEAR LEASE AGREEMENT WITH JOHN B. RUSSO AND THOMAS W. STEWART FOR A TRACT OF LAND LOCATED AT RESACA AND SAM RANKIN STREETS TO BE USED BY THE CITY STREET DIVISION FOR MATERIAL STORAGE AND APPROVING THE RENTAL FEE OF $240 PER MONTH. The foregoing Ordinance was passed on first reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 12. FIRST READING CLOSING AND ABANDONING NORTH SHORELINE BOULEVARD FROM THE SOUTH LINE OF PEARL STREET TO A POINT 100 FEET SOUTH; CANAL AVENUE FROM THE EXTENSION OF THE EASTERLY RIGHT-OF-WAY OF THE PUBLIC ALLEY IN BLOCK 3, CORPUS BEACH HOTEL ADDITION, TO ITS WESTERN END AT SURFSIDE BOULEVARD; SURFSIDE BOULEVARD FROM THE SOUTH RIGHT-OF-WAY OF CANAL AVENUE TO THE SOUTH LINE OF PEARL STREET; BENNETT STREET FROM SAID EXTENSION OF THE EASTERLY Minutes Regular Council Meeting February 21, 1989 Page 3 RIGHT-OF-WAY OF THE PUBLIC ALLEY IN BLOCK 3, CORPUS BEACH HOTEL ADDITION, TO ITS END AT U.S. HIGHWAY 181; AND THE PUBLIC ALLEYS IN BLOCKS 3 AND 4, BROOKLYN ADDITION AND BLOCKS 3 AND 4, CORPUS BEACH HOTEL ADDITION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 13. ORDINANCE NO. 20601 CLOSING AND ABANDONING PORTIONS OF STREET RIGHTS-OF-WAY MORE FULLY DESCRIBED BELOW AND IN ACCORDANCE WITH THE PROVISIONS SET FORTH HEREIN. The foregoing Ordinance was passed on third reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 14. ORDINANCE NO. 20602 AMENDING THE CITY CODE, CHAPTER 49, STREETS AND SIDEWALKS, SECTION 49-21, REQUIRED IMPROVEMENTS; POLICY ON ASSESSMENTS, BY ADDING A NEW SUBSECTION F RELATING TO ASSESSMENTS ON STATE HIGHWAY CONTROLLED ROUTES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 15. ORDINANCE NO. 20603 AUTHORIZING THE EXECUTION OF RELEASES OF COASTAL PUBLIC LANDS LEASE NOS. CL -80-008, CL -80-009, AND CL -80-010. The foregoing Ordinance was passed on third reading by the following vote: Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye;" Turner abstaining. * * * * * * * * * * * * * Mayor Turner referred to Item No. 1 pertaining to the supply agreement for safety shoe and boot service and inquired if one particular type of footwear could be purchased separately, the tennis shoes which were bid by Red Wing company, and City Manager Juan Garza replied that if the supply agreement is approved by the Council, all of the shoes must be purchased from that company. He assured the Council that the staff will study the entire bid on shoes and boots for future bids. Minutes Regular Council Meeting February 21, 1989 Page 4 Council Member Guerrero noted that the bid by Safety Shoe Distributors, Inc. was only $500 less than the local source and questioned why staff recommended awarding the bid to that company. City Manager Garza explained that it is not just $500, it is the entire contract from the Houston company. He stated that difference is so large that the City would be placed in the position of breaking laws governing competitive bidding if the bid were awarded to another company. Council Member Moss referred to Item No. 2 approving the purchase of vehicles from two sources and informed the Council that Mr. Mike Shaw had previously called him and inquired as to why the City of Corpus Christi was advertising for bids on vehicles outside the City. Mr. Moss explained that he investigated and learned that there was almost no response previously from the local General Motors dealers on the City's bids. He indicated that he was very plaeased that awards are being made to lcoal dealers now. Assistant Police Chief Kenneth Bung explained that eight of the vehicles to be purchased would be unmarked cars but that a majority of them will be marked police cars. He described the distinctive markings that will be placed on the new vehicles. Mayor Pro Tem Schwing referred to Item No. 3 and expressed concern about the bidding procedures on the heavy trucks, mentioning in particular the specifications for electrical shut -down systems as opposed to the mechanical shut -down system. Mr. Schwing explained he had become concerned about the bids for these trucks and investigated the procedures with various staff members and had learned from Mr. Red Isaacks, Director of Maintenance Services, that staff is recommending the purchase of trucks with mechanical shut -down systems because of the slow response of electrical shut -down systems. Mr. Schwing continued by stating that he had prepared drawings showing the two types of shut -down systems, and in his opinion, the staff is wrong and he felt that the trucks with the electrical shut -down systems would be preferable. Mr. Isaacks addressed the Council and explained how the mechanical shut -down system works but agreed to examine this further for future specifications. Mr. Schwing again objected to the use of the same specifications and suggested that the staff examine the drawings he had prepared illustrating the two shut -down systems. He then inquired if Management wished to table this item for further study. City Manager Garza suggested shut -down was very important and he recommendation by tabling this matt the City to adjust this bid, this is out for bids again. He pointed out has gone out for bids on trucks. that the triggering mechanism for the did not intend to change his mind about his er. He stated that if the Council wanted what they should do and then staff would go that this is the second time that the City Minutes Regular Council Meeting February 21, 1989 Page 5 Council Member Rhodes suggested that Mayor Pro Tem Schwing is on dangerous ground in discussing this item and objecting to the staff's recommendation. City Manager Garza agreed that Mayor Fro Tem Schwing may have valid concerns, but that he himself was concerned about the manner in which it was handled lin that Mr. Schwing dealt with lower staff members rather than dealing with him on the City Manager level. He reiterated that he did not want to delay this item. The following items were then approved by the Council: 1. M89-0043 Motion approving a supply agreement for safety shoe and boot service with Safety Shoe Distributors, Inc. based on low bid for an estimated annual expenditure of $75,000. 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 foregoing motion passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 2. M89-0044 Motion approving the immediate purchase of thirty-five sedans from Courtesy Ford, total $326,972; forty-nine police sedans from Benson Chevrolet, total $639,646; and authorizing the purchase of additional vehicles at the same terms and conditions for the remainder of the current model year. The awards are based on low bids. All items are included in the 1988-89 Capital Outlay. Twenty bid invitations were issued and three bids were received. The foregoing motion passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 3. M89-0045 Motion approving award of contract for heavy trucks to the following companies: Port City Pontiac GMC Five Trucks Total: $73,353 Lindley International Twenty-two Trucks Total: $610,832 Grand Total: $684,185 Minutes Regular Council Meeting February 21, 1989 Page 6 Awards are based on low bid and low bid meeting specifications. All items are included in the 1988-89 Capital Outlay budget for the various requesting departments. The foregoing motion passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Council Member Slavik referred to Item No. 4 pertaining to Title XX Meals on Wheels Program thru the Texas Department of Human Services, and inquired about the funding source for the $24,000. Mr. Garza explained that the Grant Program itself has a history of a slight surplus and this is used for future programs. He stated that in other words, it is somewhat self-sustaining. Council Member Slavik then referred to Item No. 5 granting the request of the Corpus Christi Caller -Times for approval for persons to possess alcoholic beverages in Cole Park during specific hours for the U.S. Open Pro Am Sailboard Regatta. She stated that the Council has just recently passed the Ordinance prohibiting the use of alcoholic beverages near schools and she objected to granting this waiver so soon after passage of that ordinance, stating that she will vote no on this item. City Manager Garza explained that the reason for bringing this item to the Council is that the City Council has asked to have the opportunity to waive the prohibition during certain events. Council Member Strong noted that there was concern in the neighborhood that there would be the sale of alcoholic beverages, but she has ascertained that no sales will be made, because this is just to allow spectators to have alcoholic beverages in their possession while viewing the Regatta. Council Member Rhodes stated that the Council had requested that the waiver be placed in the Ordinance and the intent of the Ordinance was to prevent alcohol being sold near the schools. She expressed the opinion that the waiver is just to prevent spectators from being arrested if they should happen to have a bottle of beer with them. City Manager Garza assured the Council that this particular event would be supervised and there will be security at that location. Mayor Turner called for comments from the audience on this particular item. Mrs. Beverly Barnum, representing the U.S. Open Pro Am Sailboard Regatta, stated that they are requesting the waiver not because they plan to sell alcoholic beverages, but because they anticipate that some of the spectators might bring beer with them. Minutes Regular Council Meeting February 21, 1989 Page 7 Citizens speaking in opposition to granting the waiver were: Mrs. Reva Gregg, Mrs. Jean Newberry, Mrs. Abbie Saenz and Mrs. Rosie Garza. Council Member Pruet inquired if plans for the new Fire Station No. 1 would be prepared in keeping with the theme of Heritage Park, and Assistant City Manager Elizondo stated that the building is supposed to blend in with the structures existing in Heritage Park. Mayor Turner called for consideration of the Consent Items from the supplemental agenda, specifically Items 8a, 8b and 8c. Council Member Slavik referred to the Resolution in support of House Bill 58 which would allow for certain elections to be conducted by mail ballot and questioned this proposal. Assistant City Manager Utter explained that the positive side of this Bill is that it would allow for much greater participation by the voters and the negative side is that there is a possibility of fraud. He stated that the plan calls for the Secretary of State to work out a procedure for non -candidate elections to be conducted totally by mail but there must be safeguards built into it to prevent fraud. City Secretary Chapa noted that this Bill provides for an option for the cities to conduct elections by mail. He stated that conducting non -candidate elections by mail would probably reduce costs considerably. Mayor Turner stated that she had received a letter from Lubbock, Texas requesting this City's support to require helmets for motorcycle riders as included in a legislative bill. Mr. Utter explained that a non -official coalition of the larger cities in Texas including Dallas, Fort Worth, San Antonio, Austin and Corpus Christi have reached the consensus that they did not want to become involved in this Bill on helmets. Council Member Slavik referred to Resolution No. 8c which amends the Resolution previously adopting the Texas Municipal League Legislative Program and expressed concern about the change in the Notice of Public Hearings and publication requirements including notification. Mr. Utter explained that the Texas Municipal League was concerned about how many times a public hearing should be published and they are particularly concerned about the high cost of the requirement for the notification by certified mail. Council Member Slavik then inquired about the Free Port Exemption, and Mr. Utter explained that this issue was on the Constitutional ballot some time ago and it failed to pass. He stated that the Free Port Exemption eliminates the tax on goods in transit but it too would be a local option. Minutes Regular Council Meeting February 21, 1989 Page 8 Speaking in regard to Item No. 8 which authorized financial assistance for youth sports organizations was Mr. Bill Hall, 801 Crestview. Mr. Hall requested that this item be delayed for further study. He stated that he had attended the Park 5 Recreation Advisory Committee meeting at which this was discussed; very few people appeared at the meeting; he was of the opinion that the funds were being mismanaged; and he objected to the seven percent allocated for management of the funds. Mr. Hall also expressed concern that the program does not address safety issues that it should. Mr. Hall pointed out that the funds are being depleted and suggested that the money be used as seed money so that more funds could be granted to the leagues all over the City. He expressed the opinion that most of the leagues on the south side of the City were receiving more funds than others. City Manager Garza explained that the public hearings conducted at the time the He stated that during those hearings there that there were no allocations for youth $500,000 were included in the bond issue Garza agreed that there should be regional the management of the funds could be improv program started as a result of the Bond Program was being recommended. were a lot of comments to the effect sports, and funds in the amount of at the request of the public. Mr. parks established and that possibly ed. Council Member Berlanga stated that he has discussed this with leaders of youths that they are a disorganized group. He e staff and the Park and Recreation Advisory more organized system to help the leagues. did not know of any problems and he sports and coaches and he has found xpressed the opinion that the City Committee are trying to establish a Council Member Rhodes referred to Mr. Hall's statements and inquired if it might be appropriate to table this item for a short time. Assistant City Manager Hennings stated there is no problem in tabling the matter if the Council had questions about it. A motion was made by Council Member Rhodes that Item No. 8 be tabled for one week. The motion was seconded by Council Member Berlanga. Council Member Guerrero questioned tabling this item because the leagues are anxious to get started and they would just be delayed that much longer. The motion to table failed to pass by the following vote: Berlanga, Rhodes, Slavik and Strong voting, "Aye"; Turner, Schwing, Guerrero, Moss and Pruet voting, "No." In a further explanation of this item, Mr. Garza explained that the total in the bond issue was $500,000; $300,000 had been sold; $100,000 is granted each year to various leagues; and $200,000 in bonds have not been sold. Mr. Garza also noted that the usual procedure in all bond issues is to charge administrative costs to the bond project. 'nutes gular Council Meeting .ebruary 21, 1989 Page 9 A motion was made by Council Member Guerrero that the $7,000 designated for administrative costs be placed back into the league's fund. The motion was seconded by Mayor Pro Tem Schwing. Council Member Pruet stated that he questioned this because a precedent would be established. He reminded the Council that the staff has always charged fair administrative costs to all bond projects, and in his opinion, an exception should not be made in this case. Mayor Turner called for the vote on Mr. Guerrero's motion and it failed to pass as follows: Guerrero voting, "Aye"; Turner, Berlanga, Moss, Pruet, Rhodes and Strong voting, "No"; Schwing and Slavik absent at the time the vote was taken. Mr. Mario Rincon, 4210 Barrera, spoke in favor of the allocations, stating that the league he is involved with was allocated $3,000 but they chose to cancel this year's baseball season because major improvements are progressing on a field at this time. Mr. Augustin Ruiz, President of the Westside Pony League, urged approval of the allocations this week so that they can make improvements before the season starts. City Secretary Chapa polled the Council for their votes and the following items were approved: 4. M89-0046 Motion authorizing the City Manager or his designee to submit an application and to execute all documents necessary to enter into contract with the State of Texas, more specifically the Texas Department of Human Services, for a new Title XX Meals on Wheels Program. The contract contains a budget which includes $72,225 in Title XX Funds and a required match of $24,075 from a reserve fund balance from Fiscal Year 1988 for a contract total of $96,300. The foregoing motion passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 5. M89-0047 Motion granting the request of the Corpus Christi Caller -Times for approval for persons to possess alcoholic beverages in Cole Park during the hours of 7:00 a.m. to 5:00 p.m., May 25 through May 29, 1989, when the Caller -Times U. S. Open Pro Am Sailboard Regatta will be held at the park. The foregoing motion passed by the following vote: Turner, Moss, Pruet, Rhodes and Strong voting, "Aye"; Schwing, Berlanga, Guerrero and Slavik voting, "No." NOTE: It was clarified at the Meeting of February 28, 1989 that this request was by the U.S. Open Committee rather than the Caller/Times. A motion was made by Council Member Rhodes; seconded by Council Member Moss and passed unanimously to note this clarification on the Minutes and the original motion. Minutes Regular Council Meeting February 21, 1989 Page 10 7. M89-0049 Motion authorizing the Municipal Arts Advisory Committee to appoint art selection panels for the Police Station and Municipal Court facility, Airport Terminal Interior, and Fire Station 111. The foregoing motion passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 8. RESOLUTION NO. 20591 AUTHORIZING THE EXECUTION OF AGREEMENTS WITH YOUTH SPORTS ORGANIZATIONS FOR FINANCIAL ASSISTANCE FOR CAPITAL IMPROVEMENTS AT YOUTH SPORTS FIELDS. The foregoing Resolution passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 8a. RESOLUTION NO. 20592 AUTHORIZING SETTLEMENT IN THE ADDITIONAL AMOUNT OF $30,000 FOR A TOTAL COMPENSATION OF $90,000 IN THE HARTGRAVES CONDEMNATION. The foregoing Resolution was passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 8b-1 RESOLUTION NO.20593 STRONGLY SUPPORTING SENATE BILL 122 AND HOUSE BILL 358 PROVIDING FOR MERGER OF THE UNIVERSITY SYSTEM OF SOUTH TEXAS WITH THE TEXAS A & M SYSTEM, EXPANSION OF CORPUS CHRISTI UNIVERSITY TO A FOUR-YEAR INSTITUTION, CREATION OF A LAW SCHOOL AT TEXAS A & I, AND APPROPRIATE TRANSITION PROCEDURES. The foregoing Resolution was passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 8b-2 RESOLUTION NO. 20594 SUPPORTING LEGISLATION PERTAINING TO RETENTION OF WATER RIGHTS. The foregoing Resolution was passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 8b-3 RESOLUTION NO. 20595 SUPPORTING LEGISLATION THAT WOULD PERMIT CITIES TO ESTABLISH MUNICIPAL DRAINAGE UTILITIES. The foregoing Resolution was passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." Minutes Regular Council Meeting February 21, 1989 Page 11 8b-4 RESOLUTION NO. 20596 IN SUPPORT OF LEGISLATION RELATING TO MAIL BALLOT ELECTIONS, HOUSE BILL 58. The foregoing Resolution was passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 8b-5 RESOLUTION NO. 20597 RESPECTFULLY REQUESTING THE TEXAS LEGISLATURE TO VOTE AGAINST HOUSE BILL 913. The foregoing Resolution was passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 8b-6 RESOLUTION NO. 20598 RESPECTFULLY REQUESTING THE TEXAS LEGISLATURE TO VOTE AGAINST HOUSE BILL 100. The foregoing Resolution was passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 8c. RESOLUTION NO. 20599 AMENDING RESOLUTION 20538 BY ADOPTING THE TEXAS MUNICIPAL LEAGUE LEGISLATIVE PROGRAM AS PART OF THE CITY'S LEGISLATIVE PROGRAM. The foregoing Resolution was passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 16 on the Mustang -Padre Islands Area Development Plan. She explained all of the public meetings and hearings that had been conducted on this issue. She then read a prepared statement explaining why she supports the boat pass at Packery Channel and stated that she will vote in favor of the adoption of the entire Mustang -Padre Islands Area Development Plan. Mayor Turner stated that after hearing the experts testify during the Workshop Meeting the preceding week, she did not feel there are any environmental or legal problems associated with locating the boat pass at Packery Channel. (Copy of prepared statement not available) Council Member Rhodes stated that she too had a prepared statement that she would like to have included as a part of the Minutes. She expressed the opinion that Packery Channel possibly is the best location for a boat pass but stated that she had been concerned even after the Workshop Meeting the preceding week. Mrs. Rhodes stated that she had discussed the issue with Dr. Orrin Pilkey, Professor at Duke University, who is one of America's foremost authorities on r Minutes Regular Council Meeting February 21, 1989 Page 12 the sedimentary processes that form and continually reshape barriers islands, as well as on shoreline erosion as affected by engineering structures. Council Member Rhodes stated that after talking with Dr. Pilkey, she was of the opinion that the opening of the Packery Channel boat pass should be associated with the construction of an elevated causeway and a comprehensive emergency evacuation plan. She stated that she felt that it is the Council's responsibility to rely on the learned scientists who have given opinions on this subject and she planned to vote "No" on the adoption of the development plan. (See copy of Council Member Rhodes' statement that is attached to the Official Copy of the Minutes.) Council Member Slavik stated that she agreed with everything Council Member Rhodes had said. She stated that she would prefer to vote "Yes" on adoption of the plan but she would have to vote "No" for several reasons; 1. because she cannot vote for a boat pass at any location until she knows the actual costs and the funding sources; 2. it is her understanding that a public entity is supposed to construct the boat pass, noting that the port, the county and the state have all indicated that they will not pay for it which means that possibly the City of Corpus Christi would have to pay for it. She stated that she is also concerned about the residents on the island because they cannot afford to pay for the boat pass; the City cannot afford to pay for it; and the island residents are concerned about the plan to form a navigation district which would be very costly to them. Council Member Slavik continued by stating that she is also very concerned about the proposed limited annexation which is explained on page 45 of the revised booklet. She pointed out that the City Charter prohibits limited annexation and she did not think that should be included as a part of the development plan. Mr. Brandol Harvey, Director of Planning, explained that the text states that in addition to full -purpose annexation, that limited -purpose annexation and extraterritorial jurisdiction rights should be examined. He pointed out that the plan does not automatically recommend this and it is, of course, based on the possibility that the City Charter will be amended. Council Member Slavik inquired if she could receive an opinion on limited -purpose annexation from the Legal Department, and Council Member Pruet pointed out that the Council had previously received a very good explanation from Assistant City Attorney Jimmy Bray. (copies of Mr. Bray's opinion were provided the Council) Mayor Turner stated that she had been presented with 419 petitions from residents of Padre Island and all but one had expressed support of the plan and the location of the boat pass at Packery Channel. Mayor Turner then called for comments from the audience. -r r Minutes Regular Council Meeting February 21, 1989 • Page 13 Mr. J. E. O'Brien, 4130 Pompano, read a statement on behalf of the Corpus Christi Taxpayers Association Executive Committee in which they had voted to oppose the adoption of the Mustang -Padre Islands Development Plan as it is presently written. Mr. O'Brien particularly objected to the limited -purpose annexation proposed which is in violation of the City Charter and he questioned the massive annexation plan for Mustang Island. Mr. O'Brien objected to the inclusion of Packery Channel boat pass in the plan and also expressed concern that public funding would be required for the boat pass and this is a major concern which is not addressed in this plan. He urged that the plan not be voted on at this time. Mr. Harvey explained that the revised plan now includes the statement in regard to limited -purpose annexation to include the words "subject to revision of the City Charter." Mr. John Bell, 434 Sharon, stated that he is a member of the Executive Committee of the Chamber of Commerce, and the Chamber of Commerce has expressed support of the Mustang -Padre Island's Development Plan because of its significance to the tourist industry. He expressed the opinion that there is a need to have such a plan and a provision for a boat pass should be included in the plan. He pointed out that unless the regulatory bodies agree and approve this, the boat pass will not be constructed. Mr. Jack Ratkovic, a resident of Padre Island, stated that the people who live on the island have expressed approval of a boat pass and the development plan. Ms. Marie Spear, 9320 South Padre Island Drive, stated that she would recommend that a poll of Flour Bluff and Padre Island residents be taken and prior to that, that they be provided with copies of the plan. She stated that she has received comments from Flour Bluff residents to the effect that if a boat pass is constructed, the owners of property on Padre Island should have to pay for it. She urged that the development plan not be adopted. Mr. Raymond Hasker noted that there were good comments made by the experts last week, but in his opinion, the Padre Island residents want to enhance their property. He pointed out that if the Packery Channel boat pass is constructed, it would end at Mr. Ralph Durden's Lake Padre development. Dr. Paul Gray, 215 Mitchell, agreed with the statement made by Council Member Rhodes. He stated that he agreed that Dr. Pilkey was the leading authority on the subject and he had expressed opposition to the construction of a boat pass because of the possibility of damage to beaches and the possibility that it would create flooding. He also expressed the opinion that eventually maintenance of the boat pass would be the City's responsibility. He also questioned approving this plan before the Kennedy Causeway Committee has even completed their study and report. Minutes Regular Council Meeting February 21, 1989 Page 14 Mrs. Gwen Bryant objected to waiting for years before this City can get anything done. She urged approval of the plan. Mrs. Pat Suter, 1002 Chamberlain, related how other public hearings had been conducted in the past and questioned the need for public hearings when the City Council pays very little attention to what is said during the hearings. She pointed out that the experts all stated that the Packery Channel Boat Pass was not a good idea. Council Member Slavik again questioned why a boat pass should be included in this plan when no one has any idea how the expenses would be funded. She expressed the opinion that the elevation of the Kennedy Causeway is of vital importance for evacuation of the island and reiterated that there is no money for the boat pass from any source. Council Member Strong pointed out that what the Council is considering today is the adoption of a long-range plan for this area. She expressed the opinion that there is a need to plan for the development of Mustang -Padre Islands and a boat pass is a part of that plan. She pointed out that funding sources was never a consideration of development plans that have already been approved. Mrs. Strong then reviewed the concept of barrier islands and stated that in 1985, five of the Council Members endorsed the opening of a boat pass at Packery Channel and in 1987, this particular Council endorsed the opening of a boat pass at some location. She stated that funding should be a consideration in the future. Council Member Pruet stated that he supported some of the comments made by Council Members Slavik and Rhodes and the concern of Mrs. Suter. He stated that he felt that the evacuation of the island is essential but the City has devised an emergency plan and a second causeway is in the state's ten-year plan. He stated that the Council needs to have public hearings and they need to respond to the will and sentiment of the people who speak at public hearings. He pointed out that even if the Council adopts the plan including a boat pass, there will have to be a specific plan for dredging and maintaining the boat pass but that is a long time in the future. Council Member Guerrero pointed out that the Council is not voting on the funding today and he was of the opinion that the future of this City depends upon the approval of some type of long-term plan for all of the City. City Secretary Chapa polled the Council for their votes on the first reading of the Ordinance and it passed as follows: 16. FIRST READING ADOPTING THE MUSTANG -PADRE ISLANDS AREA DEVELOPMENT PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN. Minutes Regular Council Meeting February 21, 1989 Page 15 The foregoing Ordinance was passed on first reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet and Strong voting, "Aye"; Rhodes and Slavik voting, "No." * * * * * * * * * * * * Mayor Turner announced the public hearing on the following zoning application: 17. Application No. 189-3, Rastech, Inc.: For a change of zoning from "B -2A" Barrier Island Business District to "I-2" Light Industrial District on Lots 3A, 4A, and 5A, Block 18, Padre Island No. 1, located on the west side of Padre Island Drive, approximately 100' south of San Felipe Drive. Mayor Turner noted that the Planning Commission and Planning Staff recommend denial of the application, and in lieu thereof, grant a special permit for an open-air boat, trailer, and recreational vehicle storage facility with 10' masonry walls. Mayor Turner then called for comments from the audience. Mr. Jack Ratkovic informed the Council that a previous Council had approved building a similar type structure on the island which is ten feet high and is very unattractive because the landscaping that the Council recommended had never been completed. He expressed opposition to a special permit for a similar type of building on this case. No one else spoke in regard to this zoning application. A motion was made by Council Member Pruet, seconded by Council Member Strong and passed unanimously by those present and voting that the hearing be closed City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20604 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF RASTECH, INC. BY GRANTING A SPECIAL COUNCIL PERMIT FOR A 150' BY 300' OPEN AIR BOAT, TRAILER, AND RECREATIONAL VEHICLE STORAGE FACILITY WITH 10' MASONRY WALLS ON LOTS 3A, 4A, AND 5A, BLOCK 18, PADRE ISLAND NO. 1; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Schwing, Berlanga, Moss, Pruet, Rhodes and Strong voting, "Aye"; Slavik voting, "No." Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * V' Minutes Regular Council Meeting February 21, 1989 • Page 16 Mayor Turner opened the public hearing on the following zoning application: 18. Application No. 189-4, Kathleen F. Archer, M.D.: For a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 22, Block 8, Gardendale Subdivision, located on the north side of Holly Road, approximately 235' east of Nelson Lane. Mayor Turner noted that both the Planning Commission and Planning Staff recommend approval of the application. No one spoke in regard to this zoning application. A motion was made by Council Member Pruet, seconded by Council Member Strong and passed unanimously by those present and voting that the hearing be closed. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20605 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF KATHLEEN F. ARCHER, M.D. BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 22, BLOCK 8, GARDENDALE SUBDIVISION, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Schwing, Berlanga, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 19. Application No. 189-5, Mr. Robert J. Taylor: For a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on a portion of Lot 10, Block 3, Arcadia Subdivision, located on the west side of South Staples Street, approximately 500' north of Annapolis Drive. Mayor Turner pointed cut that the Planning Commission and Planning Staff recommend approval of this application. Mayor Turner called for comments from the audience and there was no response. A motion was made by Council Member Strong that the hearing be closed, seconded by Mayor Pro Tem Schwing and passed unanimously by those present and voting. Minutes Regular Council Meeting February 21, 1989 Page 17 Council Member Slavik stated that she had a question before Ordinance and asked for the staff's opinion in regard to the opposition and suggested that a special permit be considered. Director of Planning Harvey stated that staff is attempting recommending so many special permits. He informed the Council fence will be installed between the business and the residence located on the lot would require access only from Staples Street. Mr. Oscar P. Yturria, 1141 Florida, stated that he would prefer that a special permit be granted so that if the property is sold, no objectionable use would be allowed such as a bar or lounge. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: the vote on the two letters of to refrain from that a privacy and the way is ORDINANCE NO. 20606 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ROBERT J. TAYLOR BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 10, BLOCK 3, ARCADIA SUBDIVISION, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye"; Slavik voting, "No"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner recessed the Regular Council Meeting at 4:35 p.m. in order to convene the Reinvestment Zone No. 1 Meeting. * * * * * * * * * * * * * Mayor Turner reconvened the Regular Council Meeting at 5:09 p.m. She then recessed the meeting at 5:10 p.m. in order to allow the Council to go into closed session for a private consultation between the City Council and its attorney pursuant to Article 6252-17, Section 2(e), VACS with respect to pending or contemplated litigation regarding regulation of an alleged public nuisance: Woody's Nite Life Lounge, 4716 Angela. Mayor Turner reconvened the Regular Council Meeting at 5:30 p.m., and there being no further business to come before the Council, she declared the meeting adjourned at 5:30 p.m., February 21, 1989. * * * * * * * * * * * * * Position on Packery Channel Mary Rhodes - At Large I. Safety/Evacuation issue A letter received from Robert Sheets, director, of National Hurricane Center, Fl., "Our major concern is the rapid development of the barrier islands and primary - the safety of those individuals who may be trapped on these islands in a hurricane. Kennedy Causeway is already congested and it will be cut off well advance of the hurricane actually moving into the area. This situation will result in a major loss of life. No plan exists to evacuate. I believe nearly all local officials recognize that indeed such an event could occur with the present population situation. If you now significantly increase the number of people at risk in these vulnerable areas without providing some additional evacuation capability and/or means of refuge, you obviously compound an already serious problem. -end letter Kenndy Causeway corridor is the only escape route. Primarily we need an elevated causeway from Flour Bluff to the islands. If Packery Channel is opened it will permitrising hurricanestorm surges to flood N. Laguna Madre and adjacent areas much more quickly than if the storm waters are coming across the island by normal process of erosion during surge build-up. All expert testimony at our "hearing" agreed. A letter from the Bureau of Geology, University of Austin concurs - "reopening of Packery Channel would cause more rapid flooding in areas under 4 ft above mean sea level. -end. ii. Environmental concerns It does not take a geologist to realize that development of residential and commercial property along with roads, utilities, etc, on "shifting ribbons of sands in the paths of hurricanes" is not a sensible idea. Quotes lifted from Audubon Society. Dr. Morton, a geologisfrom the Texas Bureau of Economic Geology, University of Texas re earch center- one of our expert panalists, stated that to reopen Packery Channel could speed up the silting of the Corpus Christi Ship Channel and have an adverse effect on the ship channel at Aransas Pass. All experts agreed that it would not help the salinity problem in the Laguna Madre, Dr. Morton added that to reopen the channel would contribute to the gulf shoreline erosion even if the sand bypass system would work perfectly. Dr. Orrin Pilkey, professor at Duke University, was invited to attend the hearing. He regretfully could not attend. Dr. Pilkey is one of Americans foremost authorities on the sedimentary processes that form and continually reshape barrier islands, as well as on shoreline erosion as affected by engineering structures. He is recognized worldwide and is past president of the National Association of Sedimentary Pertrologists. He has several books written on barrier island erosion. He has visited the site and is familiar with the Texas coast. He was recently awarded the Francis Shepard Medal for excellence in marine geology. I called Dr. Pilkey and he has kind enough to give me over an hour of his time. He stated that he deeply regrets not being able to attend our session- but had a prior commitment. He has given permission to read his remarks into the record. "I can not find words strong enough to point to the long term folly of making such a dramatic major change in the barrier island. New Jersey was first- and we should learn from their mistakes. They now have a shoreline devoid of beaches. Those that still exist are isolated and small and cost million of dollars to maintain. I stress the ultimate horrible things that will happen to your shoreline. The sand bypass systems are not working anywhere else. There is no question that major changes will occur. There will be an increase in the rate of flooding and I disagree with the others as to the amount of flooding. Cutting the channel will result in additional water flooding the area during a hurricane. It is ridiculous to attempt to open this Channel when we know better. It will cause addition problems elsewhere in the area. It is a travesty to the next generation and a very short-sighted decision.Millions of cubic yards of sand will be displaced. The opening of Packery Channel is a poor move from all sorts of standpoints. Bypass systems are a last resort effort that cost the public more money than they are worth. - on erosion- " there is no erosion problem until a structure is built on the shoreline. Shoreline engineering destroys the beach it was intended to save. III Moral/legal concerns Dr. Pilkey states that the beach is a valuable recreational asset that is now being used by far more people than the few who will benefit from reopening Packery Channel. He states that this area is unusally stable for a barrier island in annual storm related erosion and can't understand why we would want to destroy it. He states that the developers should not be allowed to experiment with the public welfare at the shoreline. Ken Cross from the attorney generals office stated in his letter that to qualify for a government exemption, the project should be a bona fide public project, rather than a project simply serving a private purpose or an obviously privately sponsored project with a sham public face put on it. Mr. Cross told me that even if it were able to be ruled legal- it is an "unwise" project. Property owners along the Packery channel west of the bridge wil have their property seriously eroded. All citizens will have an increase in their homeowners insurance. Finally, the proposed cut runs through one of the finest beaches present on the island- an irreplaceable natural resource. 3. Conclusion - There is no way I can endorse this project- until the following requirements are met. 1. The Kennedy Causeway is raised -and an alternate escape route • developed. The city needs a comprehensive emergency plan. 2. The sand bypass technology is developed to the point that it will prevent and not add to beach erosion. 3. The people pushing this project are open and out front with the exact costs of the dredging and maintenance and how they intend to pay for and continue to pay for this project. We need to take a good hard look at our priorities. Is economic benefit worth risking the lives of men, women, and children; worth destroying our priceless natural resources worth destroying future generations enjoyment of the beach; and worth taking a risk at putting the city in the position of having to bail out a project that Mother Nature most surely will not let succeed? No. 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 February 21, 1989 which were approved by the City Council on February 28, 1989. WITNESSETH MY HAND AND SEAL, this the /VI day of 19 417 . Betty Tu ner, MAYOR Armando Chapa, City Secretary City of Corpus Christi