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HomeMy WebLinkAboutMinutes City Council - 06/13/1989MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 13, 1989 2:00 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem Clif Moss Council Members: David Berlanga, Sr. City Manager Juan Garza Leo Guerrero * City Attorney Hal George Tom Hunt City Secretary Armando Chapa Joe McComb Mary Rhodes Edward A. Martin Frank Schwing Mayor Turner called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Council Member McComb following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Berlanga. City Secretary Armando 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 Meetings of June 6, 1989 and there being no additions or corrections, she proclaimed them approved as presented. Mayor Turner introduced Mr. Solomon Tawengwa, a Member of Parliament for the Republic of Zimbabwe, who is in Corpus Christi at the request of the U.S. Government to observe the potential for trade. Mr. Tawengwa presented Mayor Turner with a plaque and the Coat of Arms of his city. Mayor Turner read a Proclamation commending the Carroll Tigers Baseball Team and designating the school year 1988 to 1989 as "The Year of the Tigers." She introduced the Coach of the Carroll Tigers Baseball Team, which is the Number Two baseball team in the State of Texas, who introduced members of the team. Mayor Turner acknowledged Mr. James Wagner, representing the NAACP, and presented him with a Proclamation designating the week of June 17-21, 1989 as "Juneteenth Week" in honor of the black community. MICROFILMED Minutes Regular Council Meeting June 13, 1989 Page 2 Council Member Berlanga gave a presentation on his recent Sister City trip to Toledo, Spain and displayed gifts he received for the City of Corpus Christi. Mr. Berlanga introduced Mr. Oscar Flores of the Westside Business Association and Ms. Sandra Langberg, General Chairman of the Sister City Committee, who expressed appreciation to the Council for allowing her to represent the City on the trip. Mayor Turner acknowledged Captain Tom Overton, representing the Salvation Army, who gave a presentation on the Salvation Army's 100th Year in Texas. Captain Overton expressed appreciation to the City of Corpus Christi and presented coffee and doughnuts to the Council Members Mayor Turner administered the Oaths of Office to the following Board and Committee appointees: Sylvia Perez - CCHIC/Loan Review Committee; and Jerry Vestal - Cable Communications Advisory Committee. * * * * * * * * * * * * * Mayor Turner called for Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings on Items 1 thru 20 and Council Members requested that Items 7, 10, 14, 15 and 16 be withheld for discussion. Because of a tie bid on Item No. 3 on approving supply agreements for street construction materials, lots were cast to determine the primary supplier and it was determined that Bay, Inc was the initial primary supplier. 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. 1189-0143 Motion approving supply agreements for water production treating chemicals in accordance with BI -0158-89 with the following companies based on low bid and best bid for a total of $307,214. The terms of the contract will be twelve months with an option to extend for an additional twelve months subject to the approval of the supplier and the City Manager or his designee. These items will be used by the Water Division for treatment of our water supply. Calgon Corporation Liquid Cationic Polymers Total: $157,776 (low bid) Sure -Grow Solutions Anhydrous Ammonia Total: $62,100 (low bid subject to price adjustment) GRAND TOTAL: $307,214 Harcros Chemicals, Inc. Sodium Silicofluoride $770 (low bid) Van Waters and Rogers Powdered Activated Carbon Total: $86,568 (best bid) Minutes Regular Council Meeting June 13, 1989 Page 3 The foregoing motion passed by the following vote: Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken. 2. M89-0144 Motion approving a supply agreement for miscellaneous office supplies with the following companies in accordance with BI -0154-89 for the following items based on low bid for an estimated expenditureof $41,375.57. The term of these agreements shall be for six months with an option to extend for an additional six months subject to the approval of the supplier and the City Manager or his designee. This contract will cover such items as pens, pencils, staples, pads and binders. These items will be used by the various departments throughout the City: Texas Office Supply Total: $35,271.99 Computer Express Total: $691.40 GRAND TOTAL: $41,375 The foregoing motion Hunt, Martin, McComb, the time the vote was Schendel/Raley Total: $3,280.70 Leslie Allan Co. Total: $2,131.48 .57 passed by the following vote: Turner, Moss, Berlanga, Rhodes and Schwing voting, "Aye"; Guerrero absent at taken. 3. M89-0145 Motion approving supply agreements with the following companies for street construction materials in accordance with BI -0170-89 for an estimated annual expenditure of $1,094,827.30. The term of these agreements will be twelve months with option to extend for an additional twelve months subject to the approval of the supplier and the City Manager or his designee These materials will be used by the Street Department. Supply agreements will be established with each bidder meeting specifications to provide for multiple progressive awards. Material will be obtained from the vendor having the lowest price with available material at the time of release. RECOMMENDATION A: Precoat Aggregate to be awarded to the following companies for an estimated annual total of $598,846.80. Whites Mines Gifford Hill & Co. Flexible Base Caliche to be awarded to the following companies for an estimated annual total of $147,080.50. Minutes Regular Council Meeting June 13, 1989 Page 4 South Texas Construction Bay, Inc. RECOMMENDATION B: Hot Mix Asphalt to be awarded with the following companies for an estimated annual total of $348,900. A casting of lots by the Council is required to determine the initial primary supplier of hot mix asphalt between Bay, Inc. and South Texas Materials. The casting of lots determined Bay, Inc. as the initial primary supplier. Bay, Inc. South Texas Materials Heldenfels Brothers The foregoing motion passed by the following vote: Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken. 4. M89-0146 Motion approving the purchase of repair parts for a belt filter press in accordance with B1-0194-89 to Ralph B. Carter for a total of $25,984 (F.O.B.: destination, plus freight) based on only bid. These items will be used by the Wastewater Division. The foregoing motion passed by the following vote: Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken. 5. 1489-0147 Motion approving the purchase of golf course equipment in accordance with BI -0207-89 for Gabe Lozano and Oso Golf Centers, based on low bids, as follows: Goldthwaites of Texas San Antonio, Texas 1 ea. Tee Fringe Mower Total: $7,667 GRAND TOTAL: $21,104 Watson Distributing Co. San Antonio, Texas 1 ea. 3 wheel Truckster @ $4,647 1 ea. Greensmower @ $8,790 Total: ,t13,437 These items are included in the 1988-89 Capital Outlay Budget. The foregoing motion passed by the following vote: Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken. Minutes Regular Council Meeting June 13, 1989 Page 5 6. M89-0148 Motion approving the purchase of modular tactical body communications headsets to the following companies in BI -0149-89 based on low bid meeting specifications and amount of $12,601.50. These items will be used by the Emergency'Response Unit of the Police Department. This equipment will be purchased through the Law Enforcement Trust Fund. armor and radio accordance with low bid for the G.T. Distributors Austin, Texas 2Lx Modular Tactical 10 Body Armor Total: Fred Laughlin Houston, Texas Radio Communications Headsets 6 Total: GRAND TOTAL: Price per Unit $ 1,048.95 $10,489.50 $ 352.00 $ 2,112.00 tI2601.50 The foregoing motion passed by the following vote: Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken. 8. 1489-0150 Motion accepting the second phase of the sanitary sewer improvements in the Nottarb Place Subdivision, and authorizing final payment of $79,770.70 plus retainage interest to CAT Contracting, Inc. and Michigan Sewer Construction Company, a Joint Venture. The foregoing motion passed by the following vote: Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken. 9. M89-0151 Motion awarding a contract in the amount of $545,859.58 to Heldenfels Brothers, Inc. for the Agnes Street Offsite Drainage Improvements. The foregoing motion passed by the following vote: Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken. 'a Minutes Regular Council Meeting June 13, 1989 Page 6 11. M89-0153 Motion amending Motion No. M89-0023 to include a fraction of Lot 4 in the purchase from Southern Pacific Transportation Company of a tract of land out of Block 88, Lots 1, 2, and 3, Beach Addition, changing the size of the property from .08 acre to approximately .175 acre and increasing the purchase price from $3,000 to $5,250. The foregoing motion passed by the following vote: Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken. 12. M89-0154 Motion accepting the Oso Trunk Main Sliplining, Phase IV project; granting a 14 -day time extension to the contractor; and authorizing final payment of $118,872.50 plus retainage interest to Channel Construction Company, Inc. The foregoing motion passed by the following vote: Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken. 13. 1489-0155 Motion approving Change Order No. 1 to the contract with Hallmark Electrical Contractors, Inc. on the Rehabilitation of Runway 13/31 Taxiway System (Lighting) and Runway 13/31 HIRL System project at the Corpus Christi International Airport providing for additions and deletions of certain lighting items for a net increase of $17,353.87. The foregoing motion passed by the following vote: Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken. 17. ORDINANCE NO. 20688 CLOSING AND ABANDONING A 20 -FOOT WIDE PUBLIC ALLEY BEING IN BLOCK 1, HILLSIDE ADDITION, AND BLOCK 2, YOUNG ADDITION, SUBJECT TO CERTAIN PROVISIONS; AND PROVIDING FOR SEVERANCE. The foregoing Ordinance passed on third reading by the following vote: Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken. Minutes Regular Council Meeting June 13, 1989 Page 7 18. ORDINANCE NO. 20689 CLOSING AND ABANDONING A 10 -FOOT WIDE PUBLIC ALLEY IN BLOCK 13 OF HOME PLACE ADDITION, SUBJECT TO RETAINING THE ENTIRE ALLEY AS A PUBLIC UTILITIES EASEMENT. The foregoing Ordinance passed on third reading by the following vote: Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken. 19. ORDINANCE NO. 20690 OPENING KNICKERBOCKER STREET, A THRU STREET FROM WALDRON ROAD TO CLINE STREET, IN BLOCKS A AND B, ISLAND BUSINESS CENTER, UNIT 1. The foregoing Ordinance passed on third reading by the following vote: Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken. 20. ORDINANCE NO. 20691 APPROVING RATE SCHEDULES TO BE CHARGED BY CENTRAL POWER AND LIGHT COMPANY IN THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR SCHEDULES, CONDITIONS, SEVERABILITY, AND REPEAL OF CONFLICTING ORDINANCES. The foregoing Ordinance passed on third reading by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Moss voting, "No"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * * * In answer to a question from Council Member Hunt relative to Item No. 7 on approving the award of a contract for uniformed guard security service for City Hall, City Manager Garza explained the purpose of the contract and stated that the security service would be cheaper then using the City's police force. Relative to Item No. 10 on De Dietrich Manufacturing Company, Council Member Martin stated that he is not opposed to the engineering contract with Urban Engineering but, as a part of the action, he is opposed to deleting the SPID Intersection Drainage project. He recommended that the project not be deleted. Mr. Martin referred to the City's water and wastewater trust funds and inquired if those are the funds which are established for developer contributions to be used to reimburse people for oversizing, and City Manager Garza responded in the affirmative. City Manager Garza indicated that staff will redefine the scope of the SPID drainage project, stating that the City cannot complete the project with the funds allocated. He stated that ordinarily the way the funds are used, the developer puts in the lines and is reimbursed for the incremental cost. He Minutes Regular Council Meeting June 13, 1989 Page 8 stated that in this case, the full cost of the project, which includes oversizing, De Dietrich has agreed to either fund the full amount and then be reimbursed by the account or if the money is in the account, the City would immediately pay up front. Assistant City Manager Jesus Garza stated that the $430,000 grant was approved by the Council this year. He stated that De Dietrich is using the EDA grant to fund their portion of the cost and oversizing is being funded out of the trust fund. He stated that the City has used the trust fund to reimburse itself for oversizing of projects. Council Member Martin expressed concern that the City is spending funds held in trust by them which do not belong to them and are contributions by people to be used and reimbursed for people who put extensions in. City Manager Garza emphasized that action on Item No. 10 will approve only the engineering contract with Urban Engineering and staff will bring back further action. Council Member McComb also expressed concern about the deletion of the SPID drainage project. There were no questions from the audience on Items 7 and 10. Relative to Item No. 14 on the approval of a summer clean-up program, Council Member Rhodes inquired how much of the salary and wages go toward the people hired from JTPA and how much is for staff, and Assistant City Manager Kelly Elizondo responded by stating that the project does not include the JTPA. He stated that of the $30,000 request, $17,000 is targeted for salaries and wages for temporary unemployed people that the City proposes to employ. Mr. Elizondo stated that there is an existing staff from the Department of Housing and Community Development who will supervise the project. In answer to a question from Mrs. Rhodes about the source, Mr. Elizondo stated that there were some monies left over when the City completed a street project within budget, and Mrs. Rhodes stated that if there is $30,000, there must be a better project to fund. City Manager Garza stated that there have been several concerns expressed by the Council about the condition of the City's rights-of-way. Mr. Elizondo stated that this program includes cleaning City property, not private property. After a discussion on this item, Mayor Turner stated that it would be helpful for the Council to have more specifics on a particular project prior to making a staff recommendation. She stated that the S30,000 might be better spent some other place. Minutes Regular Council Meeting June 13, 1989 Page 9 Ms. Lillie stated that she Josephine. She program. Rempel, 4101 Carlton, concurred with Council Member Rhodes and owns property adjoining the City's property on Leopard and stated that she is against using the funds for a clean-up Relative to Item No. 15 on approving the cancellation of the 13th Year HIALCO Day Care Center Project and appropriating the funds for the 13th Year HIALCO/Transit Building Improvements Project, Mayor Turner requested a brief report on the building and the current situation. Assistant City Manager Elizondo provided background information on the HIALCO Day Care Center Project elaborating on the transit building and the Bethune Day Care Nursery. Mr. Elizondo commented on the concerns of the senior citizens and stated that the senior citizens would prefer that all of their activities be at one location. Council Member Schwing referred to the transit building and asked the staff to look into the possibility of locating the City offices upstairs to give the senior citizens more room downstairs. A discussion followed relative to the transit building and the problem of contamination from the fuel tank which leaked into the soil, and City Manager Garza indicated that the City is looking at possible ways of cleaning it up. * Council Member Guerrero arrived at 3:15 p.m. Relative to Item No. 16 on the American Bowling Congress Convention, Council Member Martin indicated that the agreement the Council is approving states that the City is going to contribute "real money" of $967,000 to this event. He made a motion that this Council should provide documentation acknowledging that they are spending $1 million to generate a $20 million impact on the local economy; and consequently, there should be a one-time adjustment of the hotel/motel tax to pay for the $1 million expenditure by the City because otherwise in 1992, the next Council will be faced with a one -cent tax incease. The motion was seconded by Council Member McComb and passed unanimously. (M89-0163) Mayor Turner pointed out that the American Bowling Congress will not take over the entire convention center and that the City has an opportunity to recoup a percentage of the costs of the pre -game tickets to the bowling tournament. There were no questions from the audience on Items 15 and 16. City Secretary Chapa polled the Council for their votes and the following were passed: Minutes Regular Council Meeting June 13, 1989 Page 10 7. M89-0149 Motion approving award of a contract for uniformed guard security service for City Hall to Stanley Smith Security, Inc., in accordance with BI -0126-89 for the amount of $47,654, based on low bid. The term of the contract is for twelve months with options to extend for two additional twelve month periods, subject to the approval of the contractor and the City Manager or his designee. The foregoing motion passed by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." 10. M89-0152 Motion approving a contract with Urban Engineering, Inc. in an amount not to exceed $74,735 for engineering services relating to utility and drainage improvements associated with the De Dietrich Manufacturing Plant. The foregoing motion passed by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." 14. M89-0156 Motion allocating $30,000 from the 12th Year CDBG Program for a 12th Year Summer Clean Up Program. The foregoing motion passed by the following vote: Moss, Berlanga, Guerrero, Hunt, Martin, McComb and Schwing voting, "Aye"; Turner and Rhodes voting, "No." 15. RESOLUTION NO. 20686 APPROVING THE CANCELLATION OF THE 13T1-1 YEAR HIALCO DAY CARE CENTER PROJECT AND APPROPRIATING THE $55,000 PREVIOUSLY ALLOCATED TO THE PROJECT FOR THE 13T11 YEAR HIALCO/TRANSIT BUILDING IMPROVEMENTS PROJECT. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." 16. ORDINANCE NO. 20687 AUTHORIZING THE CONVENTION CENTER MANAGER TO ENTER INTO AN AGREEMENT WITH THE AMERICAN BOWLING CONGRESS, INC., FOR THE 1992 AMERICAN BOWLING CONGRESS CONVENTION; COMMITTING THE CITY OF CORPUS CHRISTI TO THE TERMS AND CONDITIONS THEREOF TO INCLUDE THE PAYMENT OF $75,000 PER YEAR FOR THE YEARS 1989, 1990, 1991, SUBJECT TO BUDGET APPROPRIATION; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." Minutes Regular Council Meeting June 13, 1989 Page 11 * * * * * * * * * * * * * Mayor Turner called for consideration of Items 23 thru 28 on the Regular Agenda and Council Members requested that Items 23, 24, 27 and 28 be withheld for discussion. Mayor Turner indicated that Items 21 and 22 will be withheld until after the Closed Session. There were no comments from the audience on Items 25 and 26. City Secretary Chapa polled the Council for their votes and the following were passed: 25. RESOLUTION NO. 20693 AUTHORIZING THE EXECUTION OF A CONTRACT WITH NUECES COUNTY FOR THE COLLECTION OF THE CITY'S AD VALOREM TAXES. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." 26. FIRST READING AMENDING ORDINANCE NO. 20382 TO AMEND THE FISCAL YEAR 1988-89 BUDGET TO APPROPRIATE THE SELF-INSURANCE UNRESERVED FUND BALANCE TO THE RESERVE APPROPRIATION OF THE SELF-INSURANCE FUND; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE. The foregoing Ordinance passed on first reading by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." * * * * * * * * * * * * * Relative to Item No. 23 on the Blas De La Garza Falcon Equestrian Sculpture, Council Member Martin inquired if the City is approving a $150,000 match, and City Manager Garza responded by stating at this point the City is not; noting that if the City moves forward with the realignment of Lawrence Street then they would be. Mr. Garza indicated that the improvements have been on the books for some time. After concerns expressed by Council Member Hunt relative to the $150,000, Mr. Garza indicated that the Lawrence street walkway is part of the City's Capital Improvement Project and funding has not yet been identified. Discussion followed and Mr. Garza emphasized that the Council is just voting on placing the statue at the proposed site. Ms. Claudine Salinas, 1130 Logan, great-granddaughter of Captain Blas de la Garza Falcon, encouraged the Council to approve this item. ...111•••• Minutes Regular Council Meeting June 13, 1989 Page 12 Dr. Clotilde Garcia, a physician in Corpus Christi, presented books to the Council on Captain Blas de la Garza Falcon. Mr. Oscar Flores, President of the Westside Business Association, read from a prepared statement, urging the Council to endorse the project. Relative to Item No. 24 on the Navy Clear Zones Property Sale (six parcels at Naval Air Station and three parcels at Cabaniss Field), City Manager Garza explained the recommendation and stated that this is a proposal that he has made as part of the new proposed budget. He stated that he has proposed in the budget that the City allocate $1 million of this payment for capital outlay in the General Fund. He stated that this Resolution is strictly selling the land to the Navy. Discussion followed and Council Member Hunt expressed concern, stating that many people were assured that when the money was repaid by the Navy, it would go into the debt service to retire the bonds sold to purchase land for the clear zones. Council Member Martin emphasized that the Council is just approving a Resolution on the sale of the land. He provided a brief history of the Navy clear zone issue dating back to when he was the City Manager. Mr. Martin stated that the City has every option available of reducing money for debt service and that this issue probably should be a major budget discussion. Mayor Turner concurred with Mr. Martin, stating that when she served on a previous Council, there was no absolute guarantee that the City would have any reimbursement from the Navy. She stated that she would like to see a cost estimate made relative to the completion of the airport. Mayor Turner also pointed out that Item 24 is a Resolution approving the sale of nine parcels of land to the United States of America for $1,189,813. Mr. J. E. O'Brien, 4130 Pompano, quoted from an article which appeared in the Caller -Times on February 15, 1982 and quoted from the Minutes of the May 13, 1986 Council Meeting. He referred to a vote on an appropriation of money and stated that the vote of the Council was illegal because it was not a majority vote. He stated that it is his understanding that in order to appropriate money, it takes a majority vote of the entire Council. Mr. O'Brien also commented on a July 8, 1988 letter to Mr. Raymond Hasker from the City Manager. Mr. O'Brien expressed the opinion that the money should go into the debt service. Mr. Irving Dietz, 455 Miramar, gave a brief history of two occasions when the City purchased land from the Navy and commented on the official publication that the City sent out relative to the 1982 bond project. Mr. Dietz referred to the Minutes of the May 26, 1987 Council Meeting and remarks made by the the City Manager and Mayor Betty Turner. He expressed the opinion that any expenditure of these funds should not go for additional purchases but should go back to pay off the City's bonded indebtedness. Minutes Regular Council Meeting June 13, 1989 Page 13 Relative to Item No. 27 on the Ordinance authorizing a contract to lease and lease agreement with the Creative Arts Center, Council Member Martin asked the following: 1. how much is available in the Economic Development Trust Fund; 2. what are the permitted expenditures; and 3. can the Council have a list of the various trust funds and the balances. City Manager Garza stated that he will provide Mr. Martin with a report on all the balances and a list of all projects approved, and Assistant City Manager Utter stated that in the original allocation of funding from the Economic Development Trust Fund, there was $250,000 for an art area in Heritage Park and $250,000 for land acquisition in that same area. Mr. Utter stated that he will provide a breakdown of the funds available. In answer to a question from Council Member Hunt, Mr. Utter stated that the land is pretty much level, the rear portion of the property does need some grading; and one building needs to come down. He stated that the costs to the City for this project would be minimal. Mayor Turner asked who will have the final word about the architectural facade, and Mr. Utter replied that it would be the City Council. He stated that a previous Council directed the Landmark Commission to review the facades in the area before they are brought to the Council. Mayor Turner stated that the sale of products should be encouraged. There were no comments from the audience on Item 27. City Secretary Chapa polled the Council for their votes and the following were approved: 23. M89-0159 Motion approving the recommendation by the Municipal Arts Commission to accept the Blas de la Garza Falcon equestrian sculpture donated by the Westside Business Association for placement on Shoreline Boulevard at the proposed Lawrence Street Pedestrian Walkway. The foregoing motion passed by the following vote: Turner, Moss, Berlanga, Guerrero, Martin, McComb, Rhodes and Schwing voting, "Aye"; Hunt abstaining. 24. RESOLUTION NO. 20692 AUTHORIZING THE EXECUTION OF DOCUMENTS NECESSARY FOR THE SALE OF NINE PARCELS OF NAVY CLEAR ZONE LAND AT THE NAVAL AIR STATION AND CABANISS FIELD TO THE UNITED STATES OF AMERICA FOR A CASH CONSIDERATION OF $1,189,813. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Guerrero, Martin, McComb, Rhodes and Schwing voting, "Aye"; Hunt voting, "No." Minutes Regular Council Meeting June 13, 1989 Page 14 27. FIRST READING AUTHORIZING THE EXECUTION OF A CONTRACT TO LEASE AND A LONG-TERM LEASE WITH TWO OPTIONS NOT EXCEEDING SIXTY (60) YEARS TOTAL FOR LOTS 3, 4, 7, 8, 9, 10, 11, AND 12, BEACH ADDITION, CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO THE CREATIVE ARTS CENTER, INC., AND APPROPRIATING $125;000 FROM ECONOMIC DEVELOPMENT TRUST FUND (243.54) The foregoing Ordinance passed on first reading by the following vote: Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Relative to Item No. 28 on repealing Ordinance No. 20618, passed and approved by the City Council on March 7, 1989, which adopted the Mustang -Padre Islands Area Development Plan, Ms. Gwen Bryant, 5029 Merganser, spoke in opposition to the repeal. She referred to the petition as legalized blackmail, and commented on people who do not respect the decision of elected officials. She expressed the opinion that the Charter should be changed. Mr. Philip Rosenstein, 949 Bobalo, spoke in support of repealing the ordinance provided the Council does not replace it. Mr. Rosenstein commented on a campaign to try to discredit anyone who disagrees with an ordinance and expressed the opinion that people can disagree. Ms. Dorothy Spann, 502 Del Mar, commented that if the City had a boat pass such as Packery Channel, Corpus Christi could benefit from that monetarily. She stated that she supports the Council in whatever decision they make relative to this issue. Mayor Pro Tem Moss referred to a Letter to the Editor in the Caller -Times from a gentleman which stated that this is just a plan and no determination of funding has been made. The writer expressed the opinion that the election should be held and Mr. Moss concurred. Council Member McComb inquired about the memorandum he sent to the City Manager regarding an amendment to the plan, and City Manager Garza responded by stating that the challenge is to the whole ordinance and not just the Packery Channel issue. Council Member Hunt stated that the five petitioners are not members of the Taxpayers Association. He expressed objection to efforts in the community to make the petition for a referendum a devisive issue. He stated that he believes in the first amendment and the right to petition. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: Minutes Regular Council Meeting June 13, 1989 Page 15 28. ORDINANCE NO. 20694 REPEALING ORDINANCE NO. 20618, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 7, 1989, WHICH ADOPTED THE MUSTANG -PADRE ISLAND AREA DEVELOPMENT PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Guerrero, Martin, Rhodes and Schwing voting, "Aye"; Moss, Hunt and McComb voting, "No." * * * * * * * * * * * * * Mayor Turner indicated that she has filed an affidavit with the City Secretary and will abstain from discussion and vote on Items 29 and 30. Mayor Pro Tem Moss opened the public hearing on the following zoning application: 29. Application No. 589-1, American Development Company: For a change of zoning from "A-2" Apartment House District to "B-4" General Business District on Lots 3, and 5 through 12, Block 54, and Lots 1 through 12, Block 55, Brooklyn Addition, located between Elm Street and Bridgeport Avenue, and between Seagull and Surfside Boulevards. Mayor Pro Tem Moss noted that the Planning Commission and Staff recommend approval of the application, subject to replatting. Council Member McComb inquired if the Master Plan for had been prepared yet, and Director of Planning, Brandol there have been some plans prepared but the plan for this yet. Alice Terrall, City Planner, located the property on use map, described the land use in the surrounding area and property. Corpus Christi Beach Harvey, replied that area is not included the zoning and land showed slides of the Mr. Harvey explained the types of uses planned for the property and stated that the tourist -oriented facilities are appropriate for this area. He informed the Council that the next zoning case involves a parking garage associated with this case. No one spoke in opposition to this zoning request. A motion was made by Council Member Berlanga that the hearing be closed; seconded by Council Member Guerrero and passed unanimously. City Secretary Chapa polled the Council for their votes and the following motion was passed: Minutes Regular Council Meeting June 13, 1989 Page 16 M89-0160 Motion approving the application of American Development Company by changing the zoning map in reference to Lots 3, and 5 through 12, Block 54, and Lots 1 through 12, Block 55, Brooklyn Addition, from "A-2" Apartment House District to "B-4" General Business District, subject to replatting. The foregoing motion passed by the following vote: Moss, Berlanga, Guerrero Martin, McComb and Rhodes voting, "Aye"; Turner abstaining; Hunt and Schwing absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Pro Tem Moss opened the public hearing on the following zoning application: 30. Application No. 589-3, American Development Company: For a change of zoning from "A-2" Apartment House District to "B-4" General Business District on Lots 1 through 6, Block 53, Brooklyn Addition, located north of Breakwater Avenue, between Seagull and W. Surfside Boulevards. Mayor Pro Tem Moss indicated that the Planning Commission and Staff recommend approval of the application subject to replatting. Council Member Berlanga inquired if this planned parking would have any effect on the application previously filed by Mr. Elmo Jackson, and Mr. Harvey stated that it could possibly be used for parking for other facilities. Council Member Martin pointed out that to use parking to meet the requirements of the zoning ordinance that belonged to someone else would require a long-term lease. Council Member Martin then inquired about the reason for passing motions rather than ordinances on these two cases. Mr. Harvey explained that the zoning ordinance requires that the replatting must be filed prior to passing an ordinance to change the zoning. Mr. Martin then suggested that an ordinance be passed, subject to the required replatting, which would eliminate the necessity to have this before the Council at a later date. City Attorney George stated that this had been considered but the decision had been made that it would be preferable to delay passage of the ordinance until the replats had been filed. No one spoke in opposition to this zoning application. A motion was made by Council Member Berlanga that the hearing be closed; seconded by Council Member Guerrero and passed unanimously. City Secretary Chapa polled the Council for their votes and the following motion was approved: Minutes Regular Council Meeting June 13, 1989 Page 17 M89-0161 Motion approving the application of American Development Company by changing the zoning map in reference to Lots 1 through 6, Block 53, Brooklyn Addition from "A-2" Apartment House District to "B-4" General Business District, subject to replatting. The foregoing motion passed by the following vote: Moss, Berlanga, Guerrero, Martin, McComb and Rhodes voting, "Aye"; Turner abstaining; Hunt and Schwing absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Pro Tem Moss called for petitions from the audience on matters not scheduled on the agenda. Mrs. Lillie Rempel, 4101 Carlton, informed the Council that she owns property at the intersection of Leopard and Josephine Streets near City Hall. She stated that the property had been appraised at a very high value for the years 1987, 1988 and 1989. She explained that she had appeared before the Nueces County Tax Appraisal District in an effort to have the valuation lowered. She stated that they did lower it in 1989, and in her opinion, she should have a refund for the taxes paid in 1987 and 1988, but the Joint Tax Office had refused to make an adjustment. Council Member Martin explained that since she had not appealed the valuation in 1987 and 1988, nothing can be done at this time. He pointed out also that this is not a City matter, it is the Nueces County Tax Appraisal District Board. Mayor Turner informed Mrs. Rempel that the City cannot do anything about this and suggested to the City Manager that a staff member meet with Mrs. Rempel to explain the situation. Council Member Martin noted that the situation Mrs. Rempel had described is a very important point because the notices that are sent from the appraisal district do not fully explain the recourse that a property owner has in appealing the valuation. The Council went into closed session at 4:55 p.m. acquisition on Items 21 and 22 under Article 6252-17, Section Mayor Turner reconvened the Council Meeting at 5:25 p.m. McComb moved to approve the following motions; seconded by and passed unanimously. to discuss land 2(e), V.A.C.S. and Council Member Mayor Pro Tem Moss Minutes Regular Council Meeting June 13, 1989 Page 18 21. M89-0157 Motion authorizing acquisition of Parcel 7, located east of Rodd Field Road between Yorktown Boulevard and the Cayo Del Oso, from Bruce G. DeWulf for the Southside Sewer Treatment Plant project. 22. M89-0158 Motion authorizing acquisition of Parcel 1, located on the west side of Ayers Street between Padre Island Drive and Holly Road, from Alamo Savings Association. This parcel is part of offsite drainage right-of-way for the Crosstown Expressway extension. Assistant City Manager Jesus Garza stated that the purchase price for Item No. 1 is $177,000 and $103,200 for Item No. 2. Mayor Turner recessed the Council Meeting at 5:30 p.m. for a dinner break following which the Council went into Closed Session under Article 6252-17, Section 2(e), V.A.C.S. on a settlement offer in pending personal injury claim and a report on status of Woody's Nitelife Lounge. * * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting at 6:30 p.m. A motion was made by Council Member Guerrero to instruct the City Attorney to send a letter opposing Woody's liquor license to the Texas Alcoholic Beverage Commission pending the improvements as stated by the attorney and the City Council. The motion was seconded by Council Member Martin and passed by the following vote: Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes, Schwing, voting, "Aye"; Turner voting, "No." * * * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza stated that he provided the Council with a report from Assistant City Manager Utter relative to House Bill 3160 and the City Manager's quarterly report on goals and objectives. Mayor Turner informed the Council that she will be absent from next week's Council Meeting because she will be attending a conference of Mayors in Charleston. Mayor Turner stated that the U.S.S. City of Corpus Christi will be in port for the 4th of July parade and the Grand Marshall of the parade will be the Captain of the ship. She urged all the Council Members to participate in the parade. There being no further business to come before the Council, Mayor Turner adjourned the Council Meeting at 6:30 p.m. on June 13, 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 June 13, 1989, which were approved by the City Council on June 20, 1989. ---caY WITNESSETH MY HAND AND SEAL, this the 1989. etty Tur, er, Mayor of ce-r-r City Secretary