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HomeMy WebLinkAboutMinutes City Council - 09/18/2001I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus Christi of September 18, 2001, which were approved by the City Council on September 25, 2001. WITNESSETH MY HAND AND SEAL, this 25th day of September, 2001. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 18, 2001 1:05 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Rex A. Kinnison Council Members: Brent Chesney* Javier D. Colmenero Henry Garrett Bill Kelly John Longoria Jesse Noyola Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. Assistant City Secretary Mary Juarez Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Miguel Santoyo, Faith Temple, and the Pledge of Allegiance to the United States flag was led by Council Member Kinnison. Assistant City Secretary Juarez called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the joint and regular Council meetings of September 11, 2001. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-13). Assistant City Secretary Juarez noted that Items 5.a. and 5.b. were withdrawn and the Council was provided with a corrected ordinance for Item 7.b. which would have to be substituted. There were no comments from the Council or the audience. Mrs. Juarez polled the Council for their votes as follows: 2. M2001-357 Motion approving a supply agreement with Southern Paper and Chemical Company, Inc., Corpus Christi, Texas for approximately 682,000 garbage can liners in accordance with Bid Invitation No. BI -0158-01. The award is based on total low bid for an estimated annual expenditure of $31,218.70. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve -months periods, subject to the approval of the supplier and the City Manager or his designee. Funds are available from Warehouse Inventory for FY01-02. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. T T Minutes - Regular Council Meeting September 18, 2001 Page 2 3. M2001-358 Motion authorizing the City Manager or his designee to execute a construction contract with Ener -Tel Services, Inc. for a total fee not to exceed $600,000 for the Wesley Seale Dam/Choke Canyon Dam Pump Station Surveillance and Security System. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. 4. M2001-359 Motion authorizing the City Manager or his designee to execute a consultant contract with HDR Engineering for a total fee not to exceed $59,892 for the Garcia Arts Education Center Area Street Improvements Phase 1 and Phase 2. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. 5.a. WITHDRAWN Center g ilion), anrcrllrng t11 1. fest I,anL1gs cur clic 11111 'l c1u11J 15 Cei.tcr CnpauSion (Mildred dud Lluyd .S'csaious Ttnnis ,uuu to t rust 1 rola No. 5.b. WITHDRAWN udget,a epic y Oldinaiicc co.N024528, Ly adding cation au th., Crty Ma.tasc. o. 111s d..s1�,11..., to ..necut., a 14 u�...,t Mculas..111.,ut SIC uncut Wit lr CO.pus Clu tatr Tennis ASsucratiOi TILL. f01 tl1 $340,000 fionl the apical I1°jc.,t Fund. 6.a. M2001-360 11115 1.011 rues Lai Li ,1JO.JV 11011 a1C 1V U. JLoo 1 al Motion authorizing the City Manager or his designee to execute a one-year lease (with two one-year options) with Durrill Properties for the facility space to operate the Juvenile Assessment Center in the amount of $45,322 which has been budgeted in the 2001-2002 budget of the Corpus Christi Crime Control and Prevention District. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. Minutes - Regular Council Meeting September 18, 2001 Page 3 6.b. M2001-361 Motion authorizing the City Manager or his designee to execute a one-year lease (with two one-year options) with Durrill Properties for the facility space to operate the Juvenile Municipal Court, in the amount of $25,211, which has been budgeted in the 2001-2002 budget of the Corpus Christi Municipal Court. Funding is available through the Juvenile Accountability Incentive Block Grant. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. 7.a. M2001-362 Motion authorizing the City Manager or his designee to accept a grant in the amount of $31,365 from the State of Texas, Office of the Governor, Criminal Justice Division for fourth year funding of the Gang Analysis Unit of the Police Department and to execute all related documents. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. 7.b. ORDINANCE NO. 024583 Ordinance appropriating $31,365 in the No. 1050 Federal/State Grants Fund from the State of Texas, Office of the Governor, Criminal Justice Division for fourth-year funding of the Gang Analysis Unit of the Police Dept.; transferring $39,679 from the No. 1020 General Fund and appropriating it in the No. 1050 Federal/State Grants Fund as matching funds. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. 8.a. M2001-363 Motion authorizing the City Manager or his designee to accept a grant in the amount of $10,000 from the State of Texas Comptroller of Public Accounts for tobacco compliance and prevention activities. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. 8.b. ORDINANCE NO. 024584 Ordinance appropriating $10,000 in the No. 1050 Federal/State Grants Fund from the State T Minutes - Regular Council Meeting September 18, 2001 Page 4 of Texas Comptroller of Public Accounts for tobacco compliance and prevention activities. An emergency was declared and the foregoing ordinance passed as follows:Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. 9.a. M2001-364 Motion authorizing the City Manager or his designee to execute an amendment to the Passenger Facility Charge application submitted December 19, 1997, increasing the allowable collections to $41,083,878 and extending the collection period to April 1, 2023. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. 9.b. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances, City of Corpus Christ, Chapter 9 - Aviation, Section 9-62 Passenger Facility Charge by extending the collection period from May 31, 1998 to April 1, 2023. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. 9.c. ORDINANCE NO. 024585 Ordinance appropriating $598,301 in the No. 4621 Passenger Facility Charge Fund to reimburse the City for approved PFC-funded projects previously paid from airport capital reserves, bonds, interest, and operating funds and for the terminal building reconstruction project. An emergency was declared and the foregoing ordinance passed as follows:Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. 10. RESOLUTION NO. 024586 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Historical Commission in the amount of $15,000 for production of historical videos of the City of Corpus Christi, with a city match of $15,000, which will be provided through in-kind services by City staff and other individuals in the community, for a total project costs equal to $30,000. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. Minutes - Regular Council Meeting September 18, 2001 Page 5 11. ORDINANCE NO. 024587 Ordinance appropriating $245,475 from the Unreserved Balance in the No. 1050 Federal/State Grants Fund as State Fiscal Years 2000-2001 and 2001-2002 program income to fund dental, environmental health, laboratory, and nursing services for the period of September 1, 2000 through August 31, 2002. An emergency was declared and the foregoing ordinance passed as follows:Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. 12.a. M2001-365 Motion authorizing the City Manager or his designee to accept a grant in the amount of $31,179 from the Federal Emergency Management Agency (FEMA) for the purchase of three Rapid Intervention Kits. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. 12.b. ORDINANCE NO. 024588 Ordinance appropriating $31,179 from the Federal Emergency Management Agency's Assistance for Firefighters Grant Program for fire fighting equipment in the No. 1050 Federal/State Grants Fund for the purchase of fire fighting equipment. An emergency was declared and the foregoing ordinance passed as follows:Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. 13. ORDINANCE NO. 024589 Ordinance waiving the sixty-day waiting period and publication of legal notice; naming the park facility at the Agnes/Laredo Underpass at the Crosstown Expressway on State Highway 286 as the Westside Business Association Founders Plaza. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. * * * * * * * * * * * * * Mayor Neal recessed the regular Council meeting for the meeting of the Corpus Christi Community Improvement Corporation. *Council Member Chesney arrived at 1:15 p.m. * * * * * * * * * * * * * T r Minutes - Regular Council Meeting September 18, 2001 Page 6 Upon reconvening, Mayor Neal referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the proposed street right-of-way (ROW) abandonment around Del Mar College. There were no comments from the audience. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Responding to Mr. Colmenero, Mr. Angel Escobar, Director of Engineering Services, explained that Del Mar College will be responsible for the condition of the street portion that is being closed. He added that the city is retaining its water, wastewater and stormwater easements. In reply to Mr. Scott, Mr. Escobar said the college will be paying a total of $36,127.49 for the abandonment and vacation of the street ROWs and sale of lots; of that amount, $17,722.04 is for the sale of the park land (which was approved by the voters in November 2000). He said the revenue will go into the General Fund. Mayor Neal noted that a citizen wished to make a comment and a motion was made, seconded and passed to reopen the public hearing. Ms. Michelle Arreola, 1112 York St., said she lives on Lot 3, Block 6 and she questioned what will happen with Lots 1 and 2 on Block 6. Mr. Escobar said those lots do not pertain to this proposal but they are some of the areas that staff is considering selling to adjacent property owners to assume the maintenance. Ms. Arreola said they have been maintaining that lot. Responding to Mr. Colmenero, Mr. Escobar said that Lots 1 and 2 were purchased in the 1980s as part of the Kosar Street project and Lot 2 is now vacant surplus right-of-way. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Assistant City Secretary Juarez said the Council had been given a corrected ordinance for Item 15.d. Mr. Kinnison made a motion, seconded by Mr. Colmenero, to substitute the corrected ordinance; the motion passed unanimously. Mrs. Juarez polled the Council for their votes as follows: 15.b. ORDINANCE NO. 024590 Ordinance vacating and abandoning the following street rights-of-way within the original Arcadia Subdivision (Volume 6, Pages 53-55, of the Map Records ofNueces County, Texas, April21, 1937). a. a 24,963.77 -square foot irregular shaped area comprised of portions of Kosar, Florida, York, and South Staples Streets; b. a 3,656.43 -square foot triangular area of the original Kosar Street right-of-way; c. a 35,415.47 -square foot portion of Naples Street from Baldwin Blvd. to Kosar Street; d. a 3,479.01 -square foot triangular area at the southwest side of York Street at its junction with Kosar Street; e. a 16,675.51 -square foot portion of York Street from a point midway between its intersection with Kosar Street to the cul-de-sac at the north end of the street; and f. a 6,454.30 -square foot portion of the southside of Baldwin Boulevard right-of-way from Naples Street to South Staples Street. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting September 18, 2001 Page 7 15.c. ORDINANCE NO. 024591 Ordinance authorizing the City Manager or his designee to execute Special Warranty Deeds necessary for the conveyance of Lot 1, Block 1, and Lot 1, Block 3, Arcadia Subdivision to Del Mar College pursuant to Section 272.001 0) of the Local Government Code in consideration of the property being used for public higher education purposes and payment of the sum of $17,722.04 with covenant to maintain the premises requiring retainage of the necessary utility easements. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 15.d. ORDINANCE NO, 024592 Ordinance authorizing the City Manager or his designee to execute a use privilege agreement with Del Mar College for the right to construct, install, maintain, and remove an entrance sign on the southeast corner of city -owned Block 2, Arcadia Subdivision, which is occupied by the Arcadia Lift Station; and waiving the use privilege agreement fee of $500 in consideration of the college maintaining grounds and landscaping outside lift station perimeter fence in accordance with the agreement; and requiring Del Mar College to comply with the specified conditions. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 28, Park and Recreation master plan. There were no comments from the audience. Using a computer presentation, Mr. Escobar explained that citizen input will be a key part of the development of both the Garcia Park plan and the overall park master plan. Community leaders, residents and users of the city's park and recreation facilities will be interviewed and a focus group will be created to develop a list of needs and desires. In addition, two city-wide public meetings will be held. Mr. Escobar said that a park master plan will guide future park development, identify community interests; develop priorities for funding; facilitate grant funding; and identify required programs and maintenance. In addition, a city-wide master plan must be approved and on file with the Texas Parks and Wildlife Department in order to be eligible for state funding and it must be updated every five years. The director said that a master plan is also specifically needed for Dr. Hector P. Garcia Park, which is located near Greenwood and Horne streets and is one of the city's largest parks. He said it has deteriorated infrastructure, outdated facilities, and unused space. The master plan for that park will provide for cost-effective redevelopment of the area; identify recreational opportunities; recommend a phasing and funding plan; and formulate construction plans. T T Minutes - Regular Council Meeting September 18, 2001 Page 8 With regard to Garcia Park, Mr. Escobar said the master plan document is scheduled to be completed by mid-February 2002 with construction plans for the initial phase of the park to be completed by mid-May 2002. The city-wide park master and open space plan's initial needs assessment phase should be completed by mid-January of next year and the plan document will be completed by mid-April. He added that this project is primarily funded through a Community Development Block Grant. Responding to Council Member Colmenero, Mr. Escobar said the phase of the plan involving Garcia Park will include all the park land within the area of Greenwood and Horne streets and the ball fields there. The second phase will include all the dedicated parks in the city limits. He added that funds for design of the first project to be constructed in Garcia Park are included in this proposal. He said staff will pursue partnerships with school districts, neighborhoods and other entities as they go through the process. Council Member Longoria asked about the property around the Corpus Christi State School near Garcia Park. Assistant City Manager Utter said the closing on the purchase of that property has not yet occurred but the property has been appraised at $450,000. Mr. Tony Cisneros, Director of Park and Recreation, stated that an environmental study was conducted at Garcia Park, which Mr. Escobar explained. Mr. Cisneros said that Halff Associates has offices in Austin, San Antonio, McAllen, and Arlington; he added that a local architect will be on the team. He further described the function of the city-wide master plan, which will play a role in future capital improvement programs. Council Member Noyola said community members are used to calling the area of Garcia Park "Dr. Hector P. Garcia Park" rather than "H.P. Garcia Park." He also clarified the geographic area that is encompassed in this proposal. Council Member Kinnison asked if maintenance and operations will be included in the scope of the master plan and Mr. Cisneros said they will be. Council Member Scott asked about the Unrestricted Parks Trust Fund, and Mr. Cisneros said the balance is about $48,000. Assistant City Secretary Juarez polled the Council for their votes as follows: 28.a. M2001-366 Motion authorizing the City Manager or his designee to execute an engineering contract with Halff Associates in the amount of $40,107 for the Dr. Hector P. Garcia Park development master plan. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 28.b. M2001-367 Motion authorizing the City Manager or his designee to execute an engineering contract with Halff Associates in the amount of $80,266 for the Park and Recreation master and open space plan. Minutes - Regular Council Meeting September 18, 2001 Page 9 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal recessed the regular Council meeting to read the day's proclamations. * * * * * * * * * * * * * Upon reconvening, Mayor Neal referred to the zoning case under Item 16, Irme's Skin Care Clinic, which was tabled on September 11, 2001. Mr. Scott made a motion, seconded by Mr. Colmenero, to remove Item 16 from the table and continue the public hearing. The motion passed unanimously. 16. Case No. 0801-02. Irme's Skin Care Clinic: A change of zoning from an "AB" Professional Office District to a "B-1" Neighborhood Business District on Sunnyside Strip, Lot 10 and northeast half of Lot 11, located on the east side of Everhart Road, approximately 225 feet north of Jacquelyn Drive. Mr. Michael Gunning, Director of Planning and Development, said that during the September 11th meeting the Council directed staff to meet with the applicant, Ms. Irma Omelas, and the property owner, Mr. Richard Whitt, to discuss a possible compromise to the requested "B-1" zoning. As a result, Ms. Omelas and Mr. Whitt have agreed to accept rezoning to a `B -1A" district with a special permit to allow limited retail sales and a landscaping condition in lieu of the masonry fence. Mr. Noyola made a motion to amend Item 16 to substitute the ordinance to rezone to `B -1A" Neighborhood Business District with a special permit to replace the required masonry wall with a three-foot wide landscaped strip; seconded by Mr. Scott. No one appeared in opposition to the proposed substitute ordinance. Mr. Scott made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Assistant City Secretary Juarez polled the Council for their votes on the motion to amend Item 16 and it passed unanimously. Mrs. Juarez then polled the Council for their votes on Item 16 as amended: ORDINANCE NO. 024593 Ordinance amending the Zoning Ordinance upon application by Irme's Skin Care Clinic by changing the zoning map in reference to Lot 10 and northeast half of Lot 11, Sunnyside Strip, from "AB" Professional Office District to `B -1A" Neighborhood Business District with a special permit to replace the required masonry wall with a three-foot wide landscaped strip that contains five -gallon oleanders every five (5) feet on center; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting September 18, 2001 Page 10 Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 17. Case No. 0801-03, First Baptist Church of Corpus Christi: A change of zoning from an "R - 1A" One -family Dwelling District to an "I-2" Light Industrial District on First Baptist Church Tract, being 0.207 acre out of Lot 1A, located approximately 500 feet south of Kush Lane and approximately 480 feet west of Ocean Drive. Assistant City Secretary Juarez said the Planning Commission and staff recommended denial of the "I-2" and in lieu thereof approval of a special permit for an unenclosed modular skate park with four (4) conditions. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Longoria, and passed. Mrs. Juarez polled the Council for their votes as follows: ORDINANCE NO. 024594 Amending the Zoning Ordinance upon application by First Baptist Church of Corpus Christi by changing the zoning map in reference to 0.207 acre out of Lot 1A, First Baptist Church Tract, (currently zoned "R -1A" One -family Dwelling District) by granting a special permit for an unenclosed modular skate park subject to four (4) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 18. Case No. 0801-04. MTM Northwest, Inc. and MTM Northwest, Ltd.: A change of zoning from an "F -R" Farm -Rural District to a "B-4" General Business District on Nueces River Irrigation Park, Section 2, being 3.5 acres out of Lot 1, located on the south side of Northwest Boulevard (F.M. 624), approximately 600 feet west of County Road 69 Assistant City Secretary Juarez said the Planning Commission and staff recommended approval of the "B-4" General Business District. No one appeared in opposition to the zoning change. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mrs. Juarez polled the Council for their votes as follows: ORDINANCE NO. 024595 Amending the Zoning Ordinance upon application by MTM Northwest Inc. and MTM Northwest Ltd. by changing the zoning map in reference to 3.50 acres out of Lot 1, Section Minutes - Regular Council Meeting September 18, 2001 Page 11 2, Nueces River Irrigation Park, from "F -R" Farm -Rural District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 19, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 19. Case No. 0801-06. ONAC Developers: A change of zoning from an "R -1B" One -family Dwelling District to a "B-1" Neighborhood Business District on Gardendale No. 2, Block 1, being the north 179 feet of Lot 34, located approximately 125 feet north of Curtis Clark Drive, approximately 165 feet east of Everhart Road. Assistant City Secretary Juarez said the Planning Commission and staff recommended denial of the `B-1" Neighborhood Business District, and in lieu thereof, approval of a special permit for a parking lot subject to a site plan and six (6) conditions. Mr. Gunning explained that the subject property is located behind Taqueria Jalisco, which faces Everhart Road, and the applicant wishes to rezone it to develop a parking lot for the restaurant. Under the city's Zoning Ordinance, a parking area has to have minimum zoning of `B-1." Mr. Gunning said the Southeast Area Development Plan and recent zoning amendments in the Gardendale Area recognize that there are additional lots on the east side of Everhart Road behind the existing commercial developments in which there may be some commercial expansions. He said there was no opposition to this request for a parking lot on the subject property with the six conditions. He noted that the proposed special permit is for the north 179 feet of Lot 34 and access will be from the restaurant's existing parking lot. Responding to Mr. Longoria, Mr. Gunning said that a single-family residence is located on the other part of Lot 34 and it will be separated from the parking lot by a standard screening fence and landscaping. In addition, the lighting in the parking lot may not extend above the height of the fence. Mr. Longoria pointed out that the property owner on Lot 34 is in favor of the proposed special permit. Mr. Gunning showed pictures of the subject and adjacent properties and further described the lighting in response to Mr. Colmenero. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, which was seconded and passed. Mrs. Juarez polled the Council for their votes: ORDINANCE NO. 024596 Amending the Zoning Ordinance upon application by ONAC Developers by changing the T Minutes - Regular Council Meeting September 18, 2001 Page 12 zoning map in reference to the north 179 feet of Lot 34, Block 1, Gardendale No. 2, (currently zoned "R -1B" One -family Dwelling District) by granting a special permit for a parking lot subject to a site plan and six (6) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 20. Case No. 0801-07, Emilio Cano: A change of zoning from an "A-1" Apartment House District and "B-4" General Business District to an "R -1C" One -family Dwelling District on Bohemian Colony Lands, Section 7, being 6.4 acres out of Lot 8, located approximately 150 feet south of Holly Road, approximately 150 feet east of Victor Lara Ortegon Street. Assistant City Secretary Juarez said the Planning Commission and staff recommended approval of the "RAC" One -family Dwelling District. No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mrs. Juarez polled the Council for their votes as follows: ORDINANCE NO. 024597 Amending the Zoning Ordinance upon application by Emilio Cano by changing the zoning map in reference to 6.4 acres out of Lot 8, Section 7, Bohemian Colony Lands, from "A-1" Apartment House District and "B-4" General Business District to "R -1C" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 21. Case No. 0801-08. Nueces County Community Action Agency: A change of zoning from an "A-1" Apartment House District to an "R -1B" One -family Dwelling District on Gulfway Airline Park, Block 2, being 5.866 acres out of Lot 31, located on the east side of Trey Way Lane, approximately 900 feet south of Williams Drive. Minutes - Regular Council Meeting September 18, 2001 Page 13 Assistant City Secretary Juarez said the Planning Commission and staff recommended approval of the "R -1B" One -family Dwelling District. No one appeared in opposition to the zoning change. Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mrs. Juarez polled the Council for their votes as follows: 21. ORDINANCE NO. 024598 Amending the Zoning Ordinance upon application by Nueces County Community Action Agency by changing the zoning map in reference to 5.866 acres out of Lot 31, Block 2, Gulfway Airline Park, from "A-1" Apartment House District to "R -1B" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item 22) was made by Dr. Jude Valdez, Vice President for Extended Services for the University of Texas at San Antonio (UTSA). He said the critical ingredient that is needed for economic development to occur in any community is education. He said UTSA is a partner in educating the youth of Corpus Christi and the Coastal Bend and there are hundreds of UTSA graduates who have returned to this community and are undertaking successful careers in education, law, medicine and business. As an example, he introduced Ms. Gisela Hernandez, a 1993 UTSA graduate who is a grant writer for Nueces County. Dr. Valdez described several aspects of UTSA, noting that it has more than 91 degree programs with approximately 20 additional programs in development. There are almost 19,000 students on three campuses --in northwest San Antonio, at the downtown campus and at the Institute of Texan Cultures. He also discussed UTSA's partnership with Del Mar College in the operation of the Small Business Development Center and he introduced the director, Ms. Ann Fierova, as well as Dr. Mariano Trujillo of UTSA. * * * * * * * * * * * * * The second presentation (Item 23) was made by Mr. Mark McDaniel, Director of Management and Budget, on the FY 2000-2001 4`h quarter budget/performance report, which was distributed to the Council members. He noted that the information in the report represents preliminary year-end financial data and attempts have been made to account for and include outstanding encumbrances and anticipated final adjustments based upon current information available. He said that final financial results will be reflected in the city's Comprehensive Annual Financial Report scheduled to be released in November 2001. Minutes - Regular Council Meeting September 18, 2001 Page 14 Regarding General Fund revenues, Mr. McDaniel said that staff had budgeted for a 3% increase in sales tax revenues while the year-end estimate represents a 4.8% increase over the prior year actual figures. He said the year-end estimate of $11.5 million for the CP&L franchise fee is 125% over the budgeted amount, while there was a $2.1 million shortfall in solid waste services which was addressed in the adoption of the budget. He said Municipal Court met their goal of $4 million in revenues (over the budgeted amount of $3.5 million). Mr. McDaniel said that with 100% of the fiscal year having expired, an estimated 96.3% of the General Fund budget has been expended. The cost overruns projected earlier (such as in the Police and Fire departments) did occur, but in most cases they were not as severe due to mid -year corrections and expenditure adjustments. He said the General Fund year-end projected fund balance is 7.31% while the budgeted amount was 5.6%. City Manager Garcia pointed out that in FY 2000-01, the city benefitted from several one-time revenue "bumps" that will not be repeated next year. The Budget Director also discussed the Enterprise Funds, including Water, Gas, Wastewater, Airport, Ambulance, Golf Centers, and Marina, and the Internal Service and Special Revenue Funds. Council members commented on the lower Golf Centers revenues due to a decline in the number of golf rounds played. Mr. Garcia said that while the city's budget figures are positive at this point, there is a concern about the economic impact of the September 1 lth terrorist attacks on New York City and Washington, D.C. He said there has been an immediate effect on the airlines and the travel industry, which affects Corpus Christi's revenues. Mr. McDaniel said staff projected out for a two-week period from September 11th in three main areas: convention center, airport, and facility security. He said that already one convention has been canceled and the airport is projected to lose $43,500 with additional expenditures in the amount of $4,461; and additional security at City Hall is projected to cost $3,060, for a total of about $73,000. He said airport and convention center staff are looking at possible long-term effects as well. Mr. Garcia said that very low interest rates might also be a result of this situation. In response to Mayor Neal, Mr. Jorge Cruz-Aedo, Director of Financial Services, said staff is reviewing both the debt the city has issued and debt the city is contracted to pay. He said he will provide more information. The Mayor asked staff to look into consolidating some of the lease payments as well. City staff then responded to Council members' questions. * * * * * * * * * * * * * The third presentation (Item 24) was the second quarterly report of Bond Issue 2000. Mr. Escobar said the report is accessible on the intemet at www.ci.corpus-christi.tx.us/bondproject.html. He said that tomorrow the city will be receiving bids on the coed improvements at the fire stations, and a second amendment will be issued to the architect's contract for the Health Department improvements in order to repair damage from the leaking roof. He said in November the Texas Parks and Wildlife Department will consider the city's request to acquire about two acres on the northern part of their property for the Mustang Island fire station. In addition, bids are to be received for the T 'r Minutes - Regular Council Meeting September 18, 2001 Page 15 Animal Control facility in November or December and staff has identified a possible site for the public safety training facility. Mr. Escobar also discussed the time lines for the following projects: renovation of senior and recreation centers; irrigation and lighting of outdoor sports facilities; renovation of existing parks; reconstruction of neighborhood streets; sidewalk accessability improvements; several street improvement projects; and signalization improvements. In response to Council questions, Mr. Escobar said land parcels will need to be acquired for some of the street projects and he discussed the status of the 1986 bond projects, including Alameda, Santa Fe, Airline, and Leopard streets. * * * * * * * * * * * * * The fourth presentation (Item 25) was regarding the Broadway Wastewater Treatment Plant diversion project. In a computer presentation, Mr. Escobar explained that on May 15, 2001, staff gave the Council a presentation on the status of the diversion project and the Council directed them to bring back more options. He said those options are: Option 1- divert wastewater flows from the Broadway Plant to the Greenwood Plant; Option 2- divert from the Broadway Plant to the Allison Plant; Option 3- construct a new plant within the industrial area; and Option 4- construct a new covered plant on the existing site. Mr. Escobar explained that Option 1 is the plan that was approved by the Council in 1997. He said that Options 1 and 2 have many of the same advantages: consolidation of the plants; the need for one less discharge permit once the Broadway Plant is closed; less operational and maintenance staff; availability of city property at the Greenwood site; and the possible future reuse of the effluent. Those options also have the same disadvantages: the stringent discharge permits at Greenwood (which discharges into Oso Creek) and Allison (discharges into the Nueces Estuary), as opposed to Broadway (discharges into the inner harbor); additional pumping cost for lift stations and pipeline; additional land cost for an intermediate lift station and force main easement; and public disruption during the construction of the force main. Mr. Escobar discussed the advantages of Option 3 (a new plant in the industrial area): utilizes the existing discharge outfall; maintains existing permit parameters; located in the industrial area; possible reuse of effluent for industrial applications and/or bayfront irrigation; and a state-of-the-art facility which potentially utilizes less staff. The disadvantages are: land cost for a new plant and additional easement for a gravity pipeline and force main; re -piping a force main to the new plant; and possible environmental remediation of either proposed site. He said Option 4 (a new covered plant on the existing site) has many of the same advantages as Option 3. The disadvantages of Option 4 are: it does not comply with the Council -approved Oso/ Greenwood implementation plan to vacate the Broadway site; the facility is not consistent with the proposed land use for that area; and additional cost will be incurred to cover the plant, purchase easements for the gravity pipeline, and improve the aesthetics through architecture and landscaping. Mr. Escobar then discussed cost comparisons for all four options for the following items: lift Minutes - Regular Council Meeting September 18, 2001 Page 16 station at the Broadway Plant; intermediate lift station and force main; Broadway Plant demolition and clean-up; plant land purchase and environmental remediation (Option 3 only); construction of an 8 million gallons per day (MGD) activated sludge plant; a new 36 -inch gravity line along the Salt Flats; and contingencies, design, inspection and other costs. The total costs for each option are estimated to be: Option 1- $57.3 million; Option 2- $63.37 million; Option 3- $46.97 million; and Option 4- $43.3 million. He said staff is recommending that the Council consider amending the 1997 plan to allow staff to further investigate Option 3 or Option 4, which would require building a new wastewater plant at either an industrial site or the existing location. In response to Mayor Neal, Mr. Escobar discussed the need to construct the 8 MGD plant and the necessity of dual piping in the force main system. He said the odor -control technology that would be used in Option 4 is currently being used at some of the city's other treatment plants, although it would be more extensive. Mr. Foster Crowell, Wastewater Superintendent, noted that last year's capital improvement program budgeted $47 million for this project. Mr. Escobar said he cannot provide a time line for Option 4 until staff is able to gather additional information. Council Member Colmenero discussed the possible future use of the property around the Broadway Plant by the Port of Corpus Christi Authority or the city (as a possible festival site). Council Member Kinnison said it appears that Options 1 and 2 have been eliminated and Mr. Escobar said they have been purely because of their higher cost. He also discussed operation and maintenance costs, which would be slightly higher for Option 4 because of the odor -control technology. He added that staff has not considered the option of taking no action on the Broadway Plant. Mr. Kinnison said if the Council adopts Option 4, it will have a long-term effect on the use of the land in that area. Replying to Council Member Scott, Mr. Escobar said that when the Council considered the implementation plan in 1997, the estimates on the cost of diverting flows from Broadway to Greenwood were incomplete because they did not include the cost of expanding the Greenwood Plant from 8 MGD to 16 MGD to accommodate the increased flows. In addition, the estimates did not include the cost of constructing a dual force main system which was a necessary component. Mr. Crowell noted that the city has 1,253 miles of gravity wastewater lines but only about 51 miles of force mains, which are under much higher pressure and are larger lines. Mr. Escobar added that staff now has the benefit of the results of the inflow and infiltration study that was conducted after 1997. Mr. Scott asked if there is enough room at the Broadway site to construct the new plant while still operating the existing one until the new one goes online; Mr. Escobar said there is room and he noted that the Broadway Plant uses a 1920s treatment process. Council Member Kelly asked about the possibility of storm surges or major rain events at the downtown sites. Mr. Escobar said the Broadway Plant area is protected by a levy system and a similar system would have to be constructed around the industrial area site if it is selected. * * * * * * * * * * * * * Minutes - Regular Council Meeting September 18, 2001 Page 17 The fifth presentation (Item 26) was regarding the Rand Morgan Road option for a third golf facility. Mr. Cisneros said that following staff's presentation to the Council on possibly locating a golf course at the airport, staff was instructed to investigate a possible 200 -acre "donation" of land on Rand Morgan Road. He said the owners of the 2,600 -acre tract of land are the O'Conner -Braman Interests. Staff met with the owners' representative and members of the Northwest Business Association, which designed the conceptual master plan for the proposed development of the Northwest Crossing subdivision and golf course. Mr. Cisneros said the land donation conditions included waiving the park land dedication requirement; constructing the utilities infrastructure for the golf course, including an effluent supply line or water well system for irrigation; installing stormwater infrastructure for the course; installing streets up to the owner -designated golf club house location; and incorporating the existing Saxet Fault Line into the golf facility design. He noted that the Council would have to amend the ordinance in order to grant a waiver of the park land dedication requirement. He then reviewed the project's estimated costs: land costs - $200,000 ($1,000 per acre); infrastructure costs - $6.7 million; and construction costs - $6.8 million, for a total of $13.7 million. Mr. Cisneros also broke down the specific infrastructure costs and financing possibilities, including certificates of obligation, a future bond program, current golf surcharge fund, an additional golf surcharge fee, and private golf course developer participation. The Park Director said that other options include siting the third golf course on land near the airport and developing nine holes at the Oso Golf Course. He said the airport proposal would involve land acquisition and infrastructure costs of approximately $1.52 million. He said staff had been working with a private golf course developer, Gilmore Graves Golf Inc. of Arizona, on the airport site but they have since withdrawn from discussions because the funding was not in place. Mr. Cisneros pointed out that the Gabe Lozano Golf Center has 18 holes and an "executive nine" course while the Oso Golf Course only offers 18 holes. Consequently, staff is recommending considering the construction of an executive nine course at Oso, which would cost approximately $1.5 million for design and construction. He said staff is recommending using the wastewater treatment plant property for that expansion; in order to do so, a 12 -acre parcel located between the golf course and the treatment plant would have to be purchased. Mr. Cisneros also discussed the use of the golf surcharge fund, which was established through Council policy to finance a third golf course. He said the Greens Committee and the Park and Recreation Advisory Committee are recommending that $100,000 in capital improvements be made at both the Oso and Lozano golf courses. He said the benefit of having 27 holes available is that 18 holes can be played while the other nine are being maintained on a rotation basis and all 27 holes can be played at peak times. In response to Mayor Neal, Mr. Cisneros said the cost differential between the new course at Rand Morgan (or another site) and the expansion at Oso is the result of not having to build a clubhouse, driving range, putting green and other amenities that are already in existence at Oso. Minutes - Regular Council Meeting September 18, 2001 Page 18 Referring to the master plan of the Northwest Crossing subdivision, the Mayor asked why the golf course is being designed two or three miles down Rand Morgan from the neighborhood. Dr. Steve Waddell, Superintendent of the Tuloso-Midway Independent School District and a member of the Northwest Business Association (NWBA) and the Northwest Planning Committee, said that locating a golf course in the northwest is one of the NWBA's top two priorities (the other is drainage). He said it is logical to build a golf course in that area because it is under -served, has ample undeveloped land and is the location of rapid growth. He noted that the northwest is near major crossroads, including 1-37,1-69, Hwys. 77 and 44 and the proposed south loop, as well as near the airport and future business sites. Dr. Waddell then discussed infrastructure cost estimates for a new golf course prepared by the planning group, which range from $2.23 million to $2.27 million (as opposed to staff's estimate of $6.8 million). He said their figures differ from staff's figures in the areas of wastewater, treated effluent and street costs. He said that locating the golf course at the Rand Morgan site will assist in the development of that subdivision, which will ultimately benefit the entire city through improved economic development and an increased tax base Dr. Waddell also discussed the possibility of using treated effluent from Equistar as well as ways to reduce street costs. Dr. Waddell referred to a brochure, budget and description of a golf community being developed by GrayHawk Development Corporation and GrayHawk Golf Inc. in Floresville outside San Antonio. Mayor Neal said they needed to delay the discussion on Item 26 in order to hear petitions from the audience on items not on the agenda. Mr. Jack Gordy, 310 Norton St., said he went to the Police Department on August 29th to obtain a copy of an incident report and he was told it would cost $3.10 to cover labor costs. Mr. Gordy said if it is less than 50 copies, labor cannot be charged. He said he protested and paid $2.00. He said the city has overcharged the citizens by $238,000 and is not in compliance with state law. Mr. Kelly said he wanted to be sure that the Police Department is charging the right amount of money for all police reports. City Manager Garcia replied that staff received a letter from Ms. Hadassah Schloss, Open Records Administrator for the General Services Commission in Austin. Mr. Garcia said that Ms. Schloss' letter states how much money the city should be charging for police reports and staff is following her guidelines to the letter. He said Mr. Gordy is now saying that Ms. Schloss is the one who is mistaken in interpreting the law for the City of Corpus Christi. Returning to Item 26, Dr. Waddell discussed a golf course feasibility study, which is estimated to cost $5,000 to $8,500. He said the study would assess the market, including demographics, existing courses, levels of satisfaction or dissatisfaction, and the level of golf rounds and greens fees that the area can support. In addition, a conceptual plan may be developed by either the city or a developer which will include a needs assessment for the city and the area. Dr. Waddell also discussed a development feasibility plan and the possibility of utilizing a tax increment finance (TIF) zone for the new golf course development. He said that golf development companies, such as GrayHawk Golf, rely on feasibility studies; T Minutes - Regular Council Meeting September 18, 2001 Page 19 emphasize the importance of constructing golf communities (as opposed to just golf courses); utilize TIFs to make their developments affordable; and often do turnkey projects, including the conceptual plan and development feasibility. Mr. Scott asked if TMISD would be interested in participating in a TIF. Dr. Waddell said the school district would be interested in discussing how they could do it and he noted that some school board members were present at the meeting. Dr. Waddell then further discussed plans for Northwest Crossing, the largest development being planned by Al Hogan. Mr. Kelly said that on August 16`h he and other members of the northwest met with city staff, who discussed their estimates for a third golf course. Mr. Kelly said they challenged staff's assumptions and suggested that there is a less expensive way to proceed, so the Northwest Planning Group developed the presentation made by Dr. Waddell. Mr. Kelly said they are looking for a higher degree of cooperation and he discussed the cost differences between building nine holes at the Oso course and a completely new golf course, as well as infrastructure cost variances. Responding to a question from Mr. Kelly, Mr. Cisneros said Graves Gilmore did not give a time table as to their possible participation in developing a golf course. He said the airport would be able to use an existing effluent line that feeds the Lozano course. He added that based on recent land sales in the Rand Morgan area, the estimated value of the subject property is $4,000 per acre. Mr. Kelly said he has talked to Al Hogan Homes and they are interested in that development. Mr. Kinnison said he supports expanding the Oso course by nine holes, pursuing options for a third golf course, and making needed capital improvements to the existing two courses. He said in order for the city to get any financing to construct a third course, the city is going to have to have a feasibility study performed. He said the developer should determine the location of the new course. In reply to a question from Mr. Kinnison, Mr. Garcia said the key to a TIF is being able to point to increased development that will result from the investment. He briefly discussed the city's two TIFs in the downtown area and around Packery Channel. He added that traditionally school districts are excluded from TIFs and if TMISD participates, it could make a difference in the development. Mr. Colmenero asked how long it would take to expand the Oso course. Mr. Cisneros replied that it could take 12 to 18 months. He discussed the large amount of deferred maintenance of the existing courses. Mr. Colmenero said he thought Dr. Waddell's proposal had merit and he suggested that they explore the possibility of a TIF. Mr. Garrett said that 13 years ago there were discussions about the city building a new golf course and it still has not happened. He said he supports the nine - hole expansion of the Oso course and looking at the feasibility of the Rand Morgan project. Mr. Noyola also commented on the wide difference in the Rand Morgan infrastructure cost estimates by the city ($6.7 million) and the NWBA ($2.2 million). He asked about the extra nine holes at Oso, and Mr. Cisneros acknowledged that that project is located near a wetlands area, which may be an issue in its development. Mr. Cisneros also said that by the end of the fiscal year there will be about $500,000 in the golf surcharge fund. Mr. Garcia said the key factor in determining whether or not the city gets an 18 -hole golf course is if a developer will build it. T Minutes - Regular Council Meeting September 18, 2001 Page 20 Mr. Chesney suggested that the city use part of the $500,000 to improve the Oso and Lozano courses and use another portion of it to develop the Rand Morgan project or any other project in the northwest that becomes available. Mr. Garcia said staff agrees that if the money was available, an 18 -hole golf course should be constructed in the northwest area. He said the strategy staff has outlined involves having as much of the land donated as possible and having a private -sector developer pay for the development cost of the golf course, thereby dropping the public sector cost to about $1 million to $2 million, which can be easily financed depending on the revenues produced. In reply to several questions from Mr. Scott, Mr. Noe discussed the benefit of adding nine holes at Oso; staffs previous recommendations regarding a golf feasbility study; and specific aspects of a TIF. He noted that all along staff has been looking for a donation of free land for a golf course and so far no such offer has been made. Mr. Kelly said it appears the primary objective is to increase the rounds at the city's existing facilities and it is not known whether the best way to proceed is to improve those courses, add nine holes at Oso, or to build a third course. Consequently, he feels the necessary first step is to conduct a feasibility study. Mr. Kelly then made a motion to use a portion of the golf course savings to do a comprehensive feasbility study, looking at the proposed sites at Rand Morgan, the necessary improvements at the existing courses, and the possibility of adding holes at Lozano and/or Oso. Mr. Kelly's motion was seconded by Mr. Chesney. Mr. Kinnison said he agreed with Mr. Kelly's motion but he did not want to limit the site to just Rand Morgan. He said he hopes the study will be comprehensive enough to look at the citywide golf facilities. He also asked staff to expedite it. Mr. Garcia said staff' had recommended a comprehensive study a year ago. Mr. Noyola asked if the surcharge can be used for a study and Mr. Garcia said it can. Mr. Noyola also commented on the length of time it is taking to construct a new course and the poor condition of the existing courses. Responding to Mr. Colmenero, Mr. Cisneros said staff will have to bring back a schedule for the study. Mayor Neal said he thought the Equistar effluent was already being used toward the city's credits for the water releases, and he cautioned Dr. Waddell and the TMISD school board about how they support a TIF. Mr. Chesney asked if Mr. Kelly would be willing to accept an amendment to his motion to conduct a general feasibility study to look at the golf course needs in the city. Mr. Kelly said he would agree, adding that staffs position is if the golf course could be built now, it would be located in the northwest. Responding to Mr. Longoria, Mr. Garcia said the feasibility study will analyze the existing market for golf in the Coastal Bend, the number of golfers, demand, other golf courses' fees and charges, and determine what it will take to build a new course. He said Gilmore Graves dropped out because they did their own analysis and determined that the fee structure they would need could not be supported here. He added that the city does not have access to that study. Mr. Longoria said at that point the Council will be back at the beginning because the study may not support a new golf course. Minutes - Regular Council Meeting September 18, 2001 Page 21 Mr. Kinnison said he did not think the sites needed to be evaluated until the economic feasibility is determined. Mr. Garcia said the city can ask for an analysis of existing golf patterns in the community. Mr. Kelly said that in 1988 the Council decided the city needed a third golf course and the present Council came to the same conclusion during its retreat in May 2001. He said his motion was based upon the premise that the city cannot get a partner to build the golf course until a feasibility study is conducted. He said he did not want to go back to the question about whether or not a third golf course will be built. He said if the information comes back that the city cannot get a partner, it may have to look at alternatives. Mr. Kinnison seconded Mr. Chesney's amendment, which was for a general feasibility study to determine whether or not the community has a need for a third golf course, with the emphasis being on the northwest. Mayor Neal called for a voice vote on Mr. Chesney's motion to amend, and it passed by the following vote: Neal, Chesney, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero and Kelly voting "No." Mayor Neal directed staff to prepare a request for proposals for a general feasibility study to be brought back to the Council for their consideration. He said that way the Council has the opportunity to change the wording of the RFP if they wish. The Mayor called for a voice vote on his direction to staff and it was approved. The Mayor then called for a brief recess. * * * * * * * * * * * * * Upon reconvening, Mayor Neal referred to the sixth presentation (Item 27), redevelopment of the Airheart Street stub as an open space for the public. Mr. Gunning explained that on August 28, 2001, Dr. Mike Mintz asked the Council to direct staff to work with him and the adjoining property owners to redevelop the area known as Airheart Point. The dead-end street, which has a right-of-way width of 85 feet, extends approximately 365 feet from Ocean Drive to the bay water's edge. That street section was dedicated in 1910 as part of the Alta Vista on the Bay subdivision plat. He noted that there is a sharp drop-off toward the water. The south side of Airheart Point is developed with a large single-family residential tract owned by the McKinnon family and the north side is vacant but is planned to be platted as two lots for the future residences of Mr. George Hawn and Dr. Mintz. Mr. Gunning showed photographs of the subject area. Mr. Gunning said that in 1987, Mr. McKinnon and the adjoining property owner requested closure of Airheart Point in order for them to redevelop it and eliminate the use of that right-of-way in the evenings. He said the city's plan documents indicate that vistas including Airheart Point need to be kept open, which he explained. Mr. Gunning then described Dr. Mintz's proposal to install and maintain infrastructure at Airheart Point, including an overlook with bench seating, an improved parking area, an 8 -foot wide sidewalk from the parking area to the overlook, landscaping on both sides, and paving improvements to the street connecting the parking area. In exchange, the families are asking that the city allow them to close access to the water Minutes - Regular Council Meeting September 18, 2001 Page 22 below the bluff with new fencing, impose a 10 p.m. curfew on the public's use of the overlook (in the same way as a park), and to prohibit alcoholic beverages. He said no formal action is required at this time but staff is asking the Council for direction to continue working with the property owners to identify and resolve the following issues: consistency with the Comprehensive Plan, historical considerations, future status of the right-of-way, public interest considerations (public safety and utilization of the beach area), dedication conditions, and maintenance responsibilities. Dr. Mintz said their proposal is designed to aesthetically enhance the bayfront and provide safer access for the public, which will allow more of them to utilize it. He showed pictures of the bulkhead and said that in order to reach the water's edge, people have to traverse onto his property and then go back to the public property. As a result, trespassers have torn down two fences which he had erected rather than attempt to access the beach over the unsafe bluff. He said the safest thing is to use Airheart Point as a scenic overlook. Council Member Longoria said the public should not be allowed to trespass on Dr. Mintz's property but they should not be denied access to the public beach area. He said a curfew should be imposed and the area should be cleaned up. Mr. Gunning said the issue of denying public access to the water's edge was the reason Mr. McKinnon's request to close Airheart Point failed in 1987. He said staff would like to work with Dr. Mintz to find a solution. Responding to Mr. Longoria, City Attorney Bray said staff needs to look at what the grant states to determine the available options. Mr. Longoria asked if there are city funds available to build a controlled access at that location and Mr. Gunning said there are none. Mr. Garcia said staff will bring back additional information. Council Member Scott commended Dr. Mintz for making this proposal. Mr. Gunning said there are ADA access requirements that also need to be considered. Council Member Colmenero expressed concern about liability issues. Mr. Garcia pointed out that the city can still erect a fence even if it is public right-of-way. Dr. Mintz said whether or not the Council approves this plan, if he erects a wall on the south side of his property, the few people who use Airheart Point to access the beach will be faced with a significant hazard. Council Member Noyola asked about curfew requirements on beaches, and Mr. Garcia said they apply to those beaches which are parks, such as Cole Park, North Beach, and Magee Beach. Mayor Neal asked Mr. Gunning if he had direction from the Council to work with Dr. Mintz and bring a proposal back to the Council, and Mr. Gunning replied that he did. * * * * * * * * * * * * * Mayor Neal announced the executive session (Item 29), pursuant to Texas Govemment Code Section 551.071, regarding L -Head Bait Stand Lease, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Minutes - Regular Council Meeting September 18, 2001 Page 23 Mayor Neal called for the City Manager's report. Mr. Garcia discussed the items scheduled for the September 25th Council meeting and it was determined that the meeting would start at 1 p.m. Mayor Neal called for Council concerns and reports. Mr. Colmenero commented on the need to mow parks and medians, particularly on Staples Street. Mr. Chesney said Singapore Technologies is planning to open a facility here. Mr. Scott asked if the soccer fields at Waldron Park are city -owned and Mr. Cisneros said they are owned by the Navy and leased to the soccer league. Mr. Scott commended staff for organizing the memorial service last Sunday night and he said he was glad that the Alameda Street project was completed. Mr. Garcia credited Ms. Yvonne Haag, Mr. Ted Nelson, and Mrs. Mary Juarez for coordinating the memorial service. Mayor Neal said the service should be shown on the public access channel. Mr. Kelly thanked the Mayor for his comments both during the memorial service and at Calallen Middle School. Mr. Noyola also commented on the memorial service for the victims of the terrorist attacks. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 8:37 p.m. on September 18, 2001. * * * * * * * * * * * * * T T