HomeMy WebLinkAboutMinutes City Council - 09/09/1986PRESENT:
Mayor Luther Jones
Mayor Pro Tem Dr. Jack Best
Council Members:
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
*Linda Strong
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
SEPTEMBER 9, 1986
2:00 P.M.
City Manager Craig McDowell
City Attorney Hal George
City Secretary Armando Chapa
au l -1 -
Mayor Jones called the meeting to order in the Council Chamber of City
Hall.
The invocation was given by Reverend Jay Farrar of Lexington Baptist
Church, following which the Pledge of Allegiance to the Flag of the United
States was led by Council Member McComb.
City Secretary Chapa called the roll and verified that a quorum of the
Council and the required Charter Officers were present to conduct the meeting.
A motion was made by Council Member Slavik that the minutes of the Regular
Council Meeting of September 2, 1986 be approved as presented; seconded by
Council Member Guerrero; and passed unanimously.
* * * * * * * * * *
Mayor Jones called on Ms. Debbie Smith, Promotion Chairperson for the Heart
Association.
Ms. Smith stated that September 7 thru September 13 has been proclaimed as
"Food Festival" Week and this is when the Association focuses attention on diet
and the heart. She then provided the Council with cookies and low cholesterol
recipes. She stated that there will be activities at Sunrise Mall and Northwest
Branch Library on September 18 from noon to 2:00 p.m. relating to "Food
Festival" week.
* * * * * * * * * * * * *
Mayor Jones announced a presentation on Texas Coastal Cleanup Program.
MEn
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Regular Council Meeting
September 9, 1986
Page 2
Ms. Marianna Lisherness, representing the Center for Environmental
Education in Austin, stated that the organization is sponsoring a cleanup of
beaches from South Padre Island to Port Arthur. She stated that the program,
entitled Texas Coastal Cleanup, aims to recruit 1,000 Corpus Christi volunteers
to "be a beach buddy" on September 20 from 9:00 a.m. to noon, and stated that
the volunteers will meet at the Holiday Inn on Padre Island at 8:30 a.m.
Ms. Kim Carter, Flour Bluff/Padre Island Business Association, gave
invitations to the Council for a bar-b-que at the Padre Isles Country Club.
* * * * * * * * * * *
Mayor Jones called on Reverend Jay Farrar.
Reverend Farrar stated that he participated in an exchange program, along
with 246 other Texans, with the city of Wahalla, South Australia. He stated
that he had presented that City with a Sesquicentennial Flag, and he then
presented a flag of the City of Wahalla to Mayor Jones.
Mayor Jones thanked Reverend Farrar, and stated that the Flag would be
flown in Sherrill Park.
* * * * * * * * * * * * *
Mayor Jones administered the Oath of Office to Mr. Dave Porterfield and
Mrs. Toby Shor Oshman, Park and Recreation Board; Mr. Gerald Walker,
Transportation Advisory Board; and Mrs. Shirley Mims, Planning Commission.
*Council Member Strong arrived at 2:24 p.m.
* * * * * * * * * *
A motion was made by Council Member Pruet that the appointment of Mr.
Claude Axel as an Advisory Member to the Park and Recreation Board be approved;
seconded by Council Member McComb; and passed unanimously.
Council Member McComb inquired if the Council needed to confirm the
discussion regarding Mr. Briones' report and procedure on delinquent fines.
City Manager McDowell stated that this would be on next week's agenda.
Council Member McComb noted that some of the individuals who owe delinquent
taxes to the City have contracts with the City. He suggested that as a part of
the contract, any delinquent taxes be deducted from the contract amount.
Mr. McDowell stated that a provision or addendum could be added to the
contract.
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Regular Council Meeting
September 9, 1986
Page 3
Council Member Guerrero noted that an individual cannot be considered
liable for a corporation's debts.
* * * * * * * * * * * * *
Mayor Jones requested that Consent Motion 6 be removed from consideration
at this time; he then called for consideration of the Consent Motions, items 1
through 5.
1. M86-0389
Approval of specifications and authorization to receive bids for
rechargeable flashlight systems and flashlight parts. The term of this
agreement will be twelve months with option to extend for an additional
twelve months, at the same terms and conditions, subject to the approval of
the supplier and the City Manager or his designee. These items will be
used by the Police Department. Estimated annual expenditure is $12,000.
2. M86-0390
Authorizing staff to proceed with Requests for Proposals from consultants
for engineering services required for the following projects in the 1986
Bond Program:
a. Drainage Master Plan (Area South of Oso Creek)
b. Aquarium
c. Williams Drive Clinic Expansion
d. Seawall and T -Head Improvements
e. Agnes Street (Port to Airport Road)
f. Renovation and Expansion of Existing Recreation Facilities
g. West Allison Trunk Sanitary Sewer No. 2
and further authorizing staff to negotiate consultant contracts with Govind
& Associates and John Wright for Broadway Bluff Renovation and Shiner,
Mosely & Associates for Whitecap Boulevard.
3. M86-0391
Approving plans and specifications and authorizing the receipt of bids for
the plugging of sixteen non -producing oil and gas wells permitted to
Morsco, Incorporated. The Saxet Field, Nueces County, wells are: Buckhold
Well No. 1, Buckhold Well No. 2, J. B. Hunter Well No. 10,
Hutchins -Stillwell Well No. 14, Isensee Well No. 1, Isensee Well No. 3,
Isensee Well No. 5, Kocurek Well No. 1, Kocurek Well No. 2, Kocurek Well
No. 3, F. J. Smith Well No. A-2, F. J. Smith Well No. A-3, F. J. Smith Well
No. A-4, F. J. Smith Well No. A-5, F. J. Smith Well No. A-6, and F. J.
Smith Well No. B-5.
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Regular Council Meeting
September 9, 1986
Page 4
4. M86-0392
Approving a contract with the Texas Department of Health to continue the
special supplemental food program for women, infants, and children from
October 1, 1986, through September 30, 1987.
5. M86-0393
Approving a contract with the Texas Department of Health to continue direct
assistance and funding provided to the City/County Health Department from
September 1, 1986, to September 30, 1987.
There were no comments from the audience; a motion was made by Council
Member Berlanga that Consent Motions 1 thru 5 be approved; seconded by Council
Member Slavik; and passed unanimously.
* * * * * * * * * * * * *
Mayor Jones called for consideration of Consent Ordinances 7 thru 16.
Council Member Berlanga referred to Ordinance 7, acquisition of two parcels
for the Police Station Expansion Project, and asked how many parcels remain to
be acquired.
Assistant City Manager Lontos stated that there are 6 more parcels, but he
feels that an adequate amount has been acquired in order to start construction.
City Secretary Chapa stated that the correct amount to be
developer in Ordinance 8, pertaining to Kings Crossing, is
$646,896.42 as reflected on the agenda.
At Council Member Slavik's request, Mr. Larry Wenger, Dir
displayed a transparency of the property to be annexed by
stated that this is being platted as Northwest Estates; it is
zoned "R -1B"; there is an area zoned for business; and it
single family lots.
reimbursed to the
$464,896.42, not
ector of Planning,
Ordinance 16. He
36.8 acres; it is
will contain 113
In response to a question from Dr. Best, Mr. Wenger stated that this area
will have City sewer service. He explained that the entire area is being served
by the Allison Plant, but the area west of Wood River is still served by septic
tanks and is outside the city limits. He stated than when it becomes a part of
the City, it could be served by the Allison Plant.
There were no comments from the audience; City Secretary Chapa polled the
Council for their votes; and the following ordinances were approved:
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Regular Council Meeting
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7. ORDINANCE NO. 19465
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCELS 7 AND 10 IN CONNECTION WITH THE POLICE STATION EXPANSION PROJECT;
APPROPRIATING $65,607; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik
absent at the time the vote was taken.
8. ORDINANCE 19466
AMENDING ORDINANCE NO. 19240 SO AS TO APPROVE THE DEVELOPER'S REVISED
APPLICATION FOR REIMBURSEMENT IN THE AMOUNT OF $464,896.42 FOR THE INSTALLATION
OF APPROXIMATELY 24,500 LINEAR FEET OF 12", 16", AND 20" DIAMETER WATER GRID
MAINS IN CONJUNCTION WITH THE DEVELOPMENT OF KINGS CROSSING UNIT 1 SUBDIVISION;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik
absent at the time the vote was taken.
9. ORDINANCE NO. 19467
CLOSING AND ABANDONING THE UTILITY EASEMENT IN LOTS 10 THROUGH 19 AND A PORTION
OF LOT 9, BLOCK 1, ROOSEVELT PLACE SUBDIVISION, SUBJECT TO THE PROVISIONS LISTED
BELOW; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik
absent at the time the vote was taken.
10. ORDINANCE NO. 19468
RENAMING HILLCREST PARK TO DR. H.J. WILLIAMS MEMORIAL PARK IN HONOR OF DR. H.J.
WILLIAMS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik
absent at the time the vote was taken.
11. FIRST READING
AMENDING THE CORPUS CHRISTI ZONING ORDINANCE, AS AMENDED, NO. 6106, ADOPTED THE
27th DAY OF AUGUST, 1937, BY INCREASING THE FINE FOR THE VIOLATION THEREOF TO
$1,000; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
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Regular Council Meeting
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The Ordinance was read for the first time and passed to second reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong
voting "aye"; Slavik absent at the time the vote was taken.
12. FIRST READING
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE
CITY OF CORPUS CHRISTI AND T & H DEVELOPMENT FOR THE ANNEXATION OF APPROXIMATELY
22.95 ACRES OF LAND BEING A PORTION OUT OF LOT 8, SECTION 19, BOHEMIAN COLONY
LANDS, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING,
CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY.
The Ordinance was read for the first time and passed to second reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong
voting "aye"; Slavik absent at the time the vote was taken.
13. SECOND READING
AMENDING ORDINANCE NO. 17418 PASSED AND APPROVED BY THE CITY COUNCIL ON THE 29th
DAY OF DECEMBER 1982 SO AS TO CHANGE THE COMPOSITION OF THE BOARD OF DIRECTORS
OF THE REINVESTMENT ZONE NO. 1 TO INCLUDE THE FOLLOWING: THREE MEMBERS OF THE
CITY COUNCIL CONSISTING OF THE MAYOR, MAYOR PRO TEM, AND THE COUNCIL MEMBER FROM
THE DISTRICT IN WHICH THE REINVESTMENT ZONE LIES (DISTRICT 2); AND ONE MEMBER
FROM EACH OF THE FOLLOWING ENTITIES: NUECES COUNTY COMMISSIONER'S COURT, CORPUS
CHRISTI INDEPENDENT SCHOOL DISTRICT, AND DEL MAR JUNIOR COLLEGE DISTRICT FOR A
TOTAL OF SIX MEMBERS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION.
The Ordinance was read for the second time and passed to third reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong
voting "aye"; Slavik absent at the time the vote was taken.
14. SECOND READING
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENTS WITH
NUECES COUNTY, CORPUS CHRIST INDEPENDENT SCHOOL DISTRICT, AND CORPUS CHRISTI
JUNION COLLEGE DISTRICT SO AS TO CHANGE THE COMPOSITION OF THE BOARD OF
DIRECTORS OF REINVESTMENT ZONE NO. 1 IN ACCORDANCE WITH MOTION M86-0382;
PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION.
The Ordinance was read for the second time and passed to third reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong
voting "aye"; Slavik absent at the time the vote was taken.
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15. THIRD READING - ORDINANCE NO. 19469
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE
CITY OF CORPUS CHRISTI AND REAGAN AND ASSOCIATES FOR THE ANNEXATION OF
APPROXIMATELY 36.8 ACRES OF LAND BEING A PORTION OUT OF NUECES RIVER IRRIGATION
PARK ANNEX NO. 2, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY
WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS,
ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; AND PROVIDING FOR SEVERABILITY.
The Ordinance was read for the third time and passed as follows: Jones, Best,
Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik
absent at the time the vote was taken.
16. ORDINANCE NO. 19470
ANNEXING A 36.8 ACRE TRACT OF LAND OUT OF NUECES RIVER IRRIGATION PARK ANNEX 2,
OWNED BY REAGAN AND ASSOCIATES; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik
absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Jones called for consideration of Ordinance 17, authorizing the
expenditure of $351,000 out of the Street Bond Fund in support of the Harbor
Bridge Landscaping and Lighting Project.
City Manager McDowell stated that the Council had instructed staff to
review alternate funding for this project; staff recommends the street bond
fund; consideration was given to the Parking Meter Fund, but monies taken from
that fund must be repaid.
Council Member McComb stated that he was under the impression the City's
portion was $150,000.
City Manager McDowell stated that the project was over $700,000; the City
was to provide one-half the funding; the portion for lighting is $180,000; and
the City will be making the total allocation at this time.
Council Member McComb inquired if there was a written agreement with the
Central Business District to provide for reimbursement.
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Page 8
City Manager McDowell stated that there is no contract, but there is an
agreement and understanding that they will pay the money back, and the Central
Business District is conducting fund raising events.
Mr. Robert Kipp, President of the Central Business District Association,
stated that the project includes landscaping and lights; the Central Business
District committed to raising the engineering funds in the amount of $50,000;
and fund raising events are being held.
Council Member McComb stated that a portion of the money for landscaping
had been approved under the CDBG program and that the lights should be from the
bond fund.
Mr. McDowell stated that it could be done that way.
Council Member Strong commended the staff for reviewing the different
sources of funding; there was a meeting with the staff and Highway Department;
and if the funds are approved today, the contract for the project will be let
immediately. She stated that there is only one other city in the country that
has this type of lighting and this will be a landmark for the City.
Discussion followed between City Manager McDowell and Council Member
Slavik, and Mr. McDowell clarified that this money is not a loan; the original
amount has always been $350,000; the funds would be from the bond interest fund;
this fund is unallocated interest from money on deposit; and the staff did not
recommend the parking meter fund, because that money would have to be repaid
from another source.
Council Member Slavik stated that the Central Business District Association
has wisely suggested the use of the Parking Meter Fund and she questioned why
this fund had to be repaid.
Mr. McDowell stated that the ordinance creating the fund requires that the
money be used to enhance parking or parking improvements, although the ordinance
could be amended.
Mrs. Slavik inquired if the Street Bond Fund would have to be repaid; City
Manager McDowell stated that it would not; and Mayor Jones explained that this
is interest that has accumulated -- not money that was to be used for a street
project.
Council Member Slavik expressed concern over having large amounts of money
accumulated that is not allocated to specific projects.
Council Member Slavik stated that she would prefer to use the Parking Meter
Fund, and she asked about the Central Business District Association's original
commitment.
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Regular Council Meeting
September 9, 1986
Page 9
Mr. Kipp stated that the Association is committed to raising funds for
maintenance of the light fixtures, the engineering work, and payment of the
utility bills.
Council Member Slavik stated that there was a misunderstanding about the
commitment.
Council Member Slavik asked what the total cost would be, after
reimbursement, and Assistant City Manager Utter stated that the $351,000
includes one year's maintenance and some engineering. He stated he would
provide the exact figures..
Council Member Strong clarified the discussion by stating that the Central
Business District Association wanted this project as a part of the Harbor Lights
Celebration held every Christmas; a committee was formed consisting of herself,
David Berlanga, and two individuals from the Tourist Bureau; the suggestion was
made that Hugo Berlanga thought there was funding available at the State level
for a landscaping project and the lighting could be incorporated into that
project; there was no project until it was brought to the Council; the Council
voted to have this committee move forward; the landscaping funds were to be from
CDBG monies from three years ago; the State was to match the project, but not
pay for the lighting itself; then the question arose regarding the availability
of CDBG funds; and she made the motion that monies be appropriated from some
other fund; staff reviewed the funding sources; which results in the recommen-
dation being made today.
Council Member Slavik continued to speak about the Parking Meter Fund, and
she was informed that the balance in the fund is approximately $449,000.
Council Member Mendez clarified the situation further by stating that last
week the Council discussed not using CDBG funds and asked staff to seek
alternate funding. He stated that he approves the recommendation made by staff,
because he feels it is important not to use CDBG or Reinvestment Zone funds for
this project.
Mayor Jones called for comments from the audience.
Mr. Irvin Dietz, 455 Miramar, questioned why this ordinance is on an
emergency basis Council Member Strong informed Mr. Dietz that there is a
deadline with the State and the contractor; and Council Member Mendez stated
that this can be incorporated with the construction that is currently being
performed on the bridge.
Mr. Dietz stated that Harry Plomarity had told the Council that he was not
asking for money, but rather for approval of the concept; Council Member
Guerrero had stated that this should not be subsidized with tax dollars; and
Council Member Strong had appeared before Rotary and made an appeal to the
business community to contribute to the lighting project. He stated City funds
will be used and questioned the existence of excess money.
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Regular Council Meeting
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Mr. J. E. O'Brien, 4130 Pompano, stated that after the defeat of the
annexation and in these trying times, to put lights on the bridge leaves a lot
to be desired. Mr. O'Brien questioned if the State owned the bridge or if the
City owned it; he questioned the legality of using bond money for bridge lights
when the money was approved by the voters for streets.
In response to Mrs. Slavik's question, Mr. Kipp stated that the Association
will pay for electric costs and maintenance, which is approximately $13,000 per
year.
Council Member Slavik stated that she would vote in favor of the project,
but encouraged the Association to reimburse the City.
Mr. McDowell pointed out that the only commitment to the Association is
$13,000 per year.
Deputy City Manager Briones explained that the presentation was made by Mr.
Plomarity and Mr. Kipp at which time they proposed to finance the project with
contributions; after the presentation, it was discovered that the State had
funds; the Association had not started their fund-raising programs; and the City
committed to match the State funds.
At the Mayor's request, Mr. Utter stated that I.H. 37 from Shoreline to
the area under the bridge will be landscaped, and also at the Highway 181
entranceway to Corpus Christi Beach. He stated that basically, the landscaping
encompasses I.H. 37 and Shoreline, Hwy. 181 at the beach, and further out I.H.
37 to the Crosstown Expressway.
Mayor Pro Tem Best related his interpretation of the events leading to this
project; there was $361,000 in CDBG for landscaping; Hugo Berlanga informed them
that if the City provided the money for lights, the City would receive matching
funds and would pay for landscaping with the State funds. He stated that in
essence, the City will pay for the lights and the State will pay for the
landscaping.
Mr. Utter stated that Dr. Best's assessment is correct.
Mr. Utter explained that no money is being lost -- the City is gaining
$350,000 from the State.
Council Member Berlanga referred to the concerns of his constituents, and
suggested that perhaps those people expect the Council to draw up a list and let
them choose, but tax funds are supposed to be used in the best interest of the
City on whatever project the Council determines necessary. He stated that
the Council always hears negative concerns from these people.
Mayor Jones stated that he enthusiastically agreed with Mr. Berlanga.
Council Member Guerrero stated that the bridge is a good project; the
Council was asked to approve this in concept; one of the issues was the cost;
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Regular Council Meeting
September 9, 1986
Page 11
the Council agreed to the concept, but felt it was a project of the Central
Business District Association; he feels the Council should support the
Association; but he does not support the use of tax dollars for this project.
He stated that he will vote against this because of the recommended source of
the money. He stated that the parking meter fund should be used, and the
ordinance requiring reimbursement could be amended so it would not have to be
reimbursed.
Council Member Slavik stated that if Mr. Berlanga does not like to listen
to complaints, he shouldn't be in politics.
Council Member Slavik made a motion that funds in the amount of $351,000
for the Harbor Bridge Landscaping and Lighting Project be appropriated from the
Parking Meter Fund; seconded by Council Member Guerrero.
Mayor Pro Tem Best made a friendly amendment to the motion made by Mrs.
Slavik to amend the ordinance requiring that the Parking Meter Fund be
reimbursed, and that the funds would not have to be reimbursed.
City Manager McDowell stated that the ordinance would be on the agenda next
week.
The motion passed unanimously; City Secretary Chapa polled the Council for
their vote; and the following was approved:
17. ORDINANCE NO. 19471
AUTHORIZING THE EXPENDITURE OF $351,000 FROM THE IMPROVEMENT PROJECTS ACCOUNT OF
THE PARKING IMPROVEMENT FUND IN SUPPORT OF THE HARBOR BRIDGE LANDSCAPING AND
LIGHTING PROJECT; AUTHORIZING THE CITY MANAGER TO SIGN THE APPROPRIATE
DOCUMENTS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
Mayor Jones called for consideration of Ordinance 18, first reading of the
closure of Waco Street.
City Manager McDowell explained that the street closure is subject to the
following conditions:
1. the sale and conveyance of an interest in the 60 -foot wide
right-of-way to Nueces County (Art. 5421C-12 VTCS) with such sale and
conveyance being at no less than the fair market value of said
right-of-way;
2. the closure and abandonment of the 60 -foot wide right-of-way reverting
to the State of Texas and Nueces County subject to payment of the fair
market value of said right-of-way;
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3. the closure to vehicular traffic of all types and a lease agreement
for a period not to exceed 60 years be entered into with Nueces County
for the use of said right-of-way;
4. providing that applicant for such closure action pay all costs
associated with closing existing intersections and relocating water,
gas, sanitary sewer, Central Power & Light and Southwestern Bell
Telephone Company facilities.
County Judge Robert Barnes stated that he agrees with the conditions of the
ordinance, and it will be presented to the County Commissioners Court.
The Council commended the City Manager for working closely with Judge
Barnes on this street closure.
There were no comments from the audience on the ordinance; City Secretary
Chapa polled the Council for their vote; and the following was approved:
18. FIRST READING
CLOSING A PORTION OF WACO STREET FROM LIPAN STREET TO MESTINA STREET BETWEEN
BLOCKS 26 AND 41, BLUFF PORTION; SUBJECT TO ANY ONE OF THE CONDITIONS LISTED
BELOW.
The Ordinance was read for the first time and passed to second reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and
Strong voting "aye."
* * * * * * * * * * * * *
Mayor Jones called for consideration of item 6 as follows:
6. Consideration of the City's position on CP&L's Industrial Rate proposal.
Mr. John Crutchfield stated that he is the Director of CP&L and has served
on the Business Development Commission. Mr. Crutchfield stated that Du Pont has
recently closed a large portion of its facility; this could happen at other
plants; the proposal is to give the industrial users the lowest cost of gas
which would have the effect of decreasing their electric rates; it would also
slightly increase the fuel cost for residential and commercial users; he feels
that the proposal should be supported by the City Council; a Council
representative should go to Austin and support this proposal; he feels there is
a concern to help the present industry in creating jobs; and this proposal is
consistent with that effort.
Mr. S.E. Kelly, District Manager, CP&L, stated that he has also served on
the Business Development Commission; he feels that CP&L is trying to do what is
necessary if they are to remain competitive; the issue is jobs; it is necessary
to take advantage when fuel costs are going down and not have that great of an
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Regular Council Meeting
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effect on the residential and commercial users; it will help industry remain in
the business; several industries have closed; and this will somewhat help to
alleviate the problem.
Mr. Kelly stated that in order to implement this change, it will take
action on the part of this Council and he urged Council support before the
Public Utilities Commission.
Mr. Tom Curlee, Manager of Rates and Regulatory Affairs, stated that the
residential rate is the lowest in the State; the industrial rate is average or
somewhat higher; and this proposal will shift the burden of fuel to the
residential customer and less on the industries.
Council Member Mendez asked what the impact would be since several
industries have made a commitment to convert to cogeneration.
Mr. Kelly stated that he does not know of any industries that have
committed to cogeneration; the action the Council could take will help as far as
delaying cogeneration; CP&L wants cogeneration at a time when it will benefit
the rate payers; and it will not be of benefit prior to 1990.
Mayor Jones stated that CP&L has already filed for an adjustment in the
rate structure, and Mr. Kelly stated that this will actually set up another fuel
adjustment cost to the industrial customer.
Mayor Pro Tem Best stated that it is a small increase now to the
residential customer, but with cogeneration, CP&L is actually overbuilt, and Mr.
Kelly agreed.
Dr. Best stated that if the rates are changed now, and then STP comes on
line, then the residential customers will be carrying an even larger burden.
Mr. Kelly stated that he believes there will be a major rate increase filed
before then, which would correct the situation as far as rates are concerned.
Dr. Best stated that CP&L would still have the elasticity clause, and Mr.
Kelly stated that there is not a clause -- the rates are based on other factors.
Mr. Kelly stated that the point he is trying to make is that before STP
comes on line, there will be a filing that will address the whole situation as
far as rates are concerned. He stated that STP does not play into this
proposal, and he cannot forecast what will happen in the future.
In response to a question from Council Member Pruet, Mr. Kelly stated that
if CP&L lost several major industrial users, it could have a severe impact and
cause rates to increase, depending on the cost of fuel.
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September 9, 1986
Page 14
In response to a question from Mayor Jones, Mr. Kelly stated that 25% to
35% of CP&L's total power is industrial, with the balance belonging to
residential and commercial.
Council Member Pruet stated that the increase would be shared by residen-
tial and commercial users; he feels that the move is sound; and he feels the
Council needs to make a statement to the industrial community that they are
sensitive to their problems.
Council Member Berlanga stated that the Council should not take any
position until after the hearing in Austin.
Council Member Berlanga asked if the nuclear plant will cause a rate
increase, and Mr. Kelly stated that he thought it would. Mr. Kelly pointed out
that the nuclear plant is not an issue before the Council today, and Mr.
Berlanga stated that it is closely related.
In response to questions from Council Member Slavik regarding cogeneration,
Mr. Kelly stated that cogeneration is a result of changes; if cogeneration came
at a time when it was not necessary to depend on plants, it could be less
expensive; from an energy savings standpoint, cogeneration has a lot of
advantages; but CP&L still has an obligation to serve the public.
Council Member Slavik stated that she is concerned about the limitation on
cogeneration; if cogeneration is limited, then CP&L is limiting a source of
cheaper energy; the stockholders should be responsible for the cost overruns at
STP; therefore, she will take a neutral stand on this issue.
Council Member McComb made a motion that the City of Corpus Christi support
the proposal filed by Central Power & Light Company with the Texas Public
Utility Commission by letter of July 29, 1986 requesting adoption of certain
tariffs concerning large industrial customers. The motion was seconded by
Council Member Pruet.
Council Member McComb stated that he supports this plan because if
industrial customers are lost, the cost will shift to the residential customer.
He stated stated that this will be a positive statement for business
development.
Council Member Mendez stated that CP&L says they met with industrial
customers, but yet they will not say who is participating in the plan; STP
should not be disregarded as an issue; and he asked what would happen when STP
comes on line as far as industrial customers are concerned.
Mr. Kelly stated that he hoped the rates would be on an equitable basis;
there is an inequity now; this plan will correct the inequity; the STP issue
will have to be addressed, but that is 2 to 3 years away; there will certainly
be a hearing; STP will be addressed fully; and he cannot predict the outcome of
that.
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Regular Council Meeting
September 9, 1986
Page 15
Council Member Mendez stated that CP&L will not care if the rates are
increased, because STP will be on line; he does not see helping industry for
just three years, because that will not help the situation.
Council Member Mendez questioned why there is a 3 -year clause in the plan,
and Mr. Kelly stated there are several companies that want to become
cogeneration customers, but he cannot say whether they are equipped for
cogeneration -- that is their option.
Mr. Kelly then explained the aspects of cogeneration.
Mayor Jones stated that he will support the motion because the issue is to
what degree the residential and commercial customers are hurt, and the degree to
which the industries are helped. He stated that there has been an imbalance of
rate charges that will also be corrected.
In response to Mrs. Slavik, Assistant City Attorney Jimmy Bray stated that
9 cities have taken a position against the plan; 1 City supports the plan, and
the remaining 14 are neutral.
Council Member Slavik stated that her concern is the cogeneration
restriction.
In response to Dr. Best's question, Mr. Bray stated that the City's
consultant estimates that this would save an average -size industrial plant $3
million per year.
Council Member Strong stated that she supports the motion because it will
have a long-term effect of maintaining industry in the City.
Mr. Bray stated that as he understands the issue, the purpose is to shift
some of the load to residential and commercial users, noting that the concept is
that each group of consumers should pay for the cost they impose on the system.
Council Member Mendez stated that the STP issue will cause a rate increase
and for that reason, he feels the City should remain neutral; therefore, he will
vote against the motion.
Mr. Bray stated that the consultant feels that if the issue is viewed
alone, it is of some ultimate benefit to the rate payer; the figures that have
been stated are really too high in terms of benefits to the consumer; he anti-
cipates no rate case during this year; and the industries that want to go to
cogeneration, will probably not delay that.
Mr. Bray continued by stating that the consultant feels that by viewing the
issue with the STP plant, he would recommend rejecting the proposal because STP
is more important and this issue will have an impact on the STP issue.
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Regular Council Meeting
September 9, 1986
Page 16
He stated that the consultant feels that the local community should be
concerned with the issue of jobs.
There were no comments from the audience.
Mayor Jones called for the vote on the following motion:
6. M86-0394
The City of Corpus Christi support the proposal filed by Central Power &
Light Company with the Texas Public Utility Commission by letter of July
29, 1986 requesting adoption of certain tariffs concerning large industrial
customers.
The motion passed as follows: Jones, Best, Guerrero, McComb, Pruet, and
Strong voting "aye"; Berlanga, Mendez, and Slavik voting "no."
City Secretary Chapa informed the Council that the motion would be sent
with the City's representative to Austin.
* * * * * * * * * * * * *
Mayor Jones announced the public hearing on assessments for Tiger Lane from
Weber Road to Flynn Parkway, providing for assessments of $90,547.27 for the 14
items on the roll.
City Attorney George conducted the formal portion of the hearing. He
called as his first witness, Mr. Gerald Smith, City Engineer.
Through questioning of the witness, Mr. George determined that Mr. Smith is
a Registered Engineer in the State of Texas; he has been employed by the City
of Corpus Christi for 26 years; he has a degree in Civil Engineering from the
University of Texas at Austin; his resume is on file in the Office of the City
Secretary; and he is familiar with the project.
Mr. Smith stated that this project was approved in the 1982 bond program;
$650,000 was allocated for the construction; the purpose of the project is to
relieve traffic congestion; this is a new street; the hearing on the opening was
held July 8; the Council approved the plans and specifications; bids were
received on July 22; the project proposes to construct a 48' wide street with
sidewalks on the north side only; it parallels a large ditch; 700' of the ditch
will be covered; plans were prepared in the City Engineer's Office; the low
bidder was Oceanside Asphalt, Inc. in the amount of $621,647.10; the assessment
roll, consisting of 14 items, was prepared by staff; staff is recommending that
only 5 properties be assessed; and the residential properties backing to the
proposed street, the school, and the church will not be assessed.
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Regular Council Meeting
September 9, 1986
Page 17
Mr. Smith stated that the ordinance provides that the property owner pay
more for new streets; of the 5 properties being assessed, 3 are at the higher
rate of $55.41 per square foot, which is 90% of the street cost; and the
remaining 2 properties will pay $19.50 per square foot. Mr. Smith pointed out
on a transparency the locations of the properties.
He stated that the property owners, those being assessed and those not,
were notified of the hearing; the assessment can be paid in cash, over a 5 -year
period, or in the case of hardship, over a 10 year period; the interest rate is
9.24%; and project completion will be in approximately 5 to 6 months.
In response to a question from the Mayor, Mr. Smith stated that there
should be, no traffic problems on Weber during the construction; there will be
intersection realignment, but that work will be performed during the Christmas
break so as not to interfere with school traffic.
In response to a question from Council Member McComb regarding the
possibility of acquiring a corner piece of property on Flynn Parkway, Assistant
City Manager Lontos stated that that idea is being reviewed separately from this
project.
City Attorney George called as his next witness, Mr. George Paraskevas.
Through questioning of the witness, Mr. George determined that Mr.
Paraskevas is a certified appraiser, licensed in the State of Texas; he is a
certified real estate broker; he has been practicing real estate for 15 years
and appraising properties for 13 years, both residential and commercial; he is
familiar with the project; he has examined each parcel; he has examined the
assessment roll and is familiar with the amounts; he is familiar with the
conditions; he stated that the ditch will be partially covered; sidewalks will
be installed on the north side; the improvements will benefit the properties and
the overall community; and it will enhance the properties in at least the amount
of the assessment.
There were no comments from the audience; a motion was made by Mayor Pro
Tem Best to close the hearing; seconded by Council Member Slavik; and passed as
follows: Jones, Best, Berlanga, McComb, Mendez, and Slavik voting "aye";
Guerrero, Pruet, and Strong absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Jones called for petitions from the audience.
Mr. James Duerr, 3239 Austin, presented a proposal to convert the old
downtown library into a Center for the development of new businesses for Corpus
Christi. He stated that this would encourage new businesses to start in Corpus
Christi; it is intended to operate on funds created by office rent and
secretarial services; the operating costs per month would be approximately
$3,912; and until the Center brings in the required revenue, funds will be
_nutes
Regular Council Meeting
September 9, 1986
Page 18
solicited from local businesses and/or the City. He stated that the City would
provide use of the building and any maintenance costs in addition to all
utilities, a phone system, city exemption from taxes, and a sign.
Mayor Jones stated that he would never support such a proposal, noting that
the building is scheduled for demolition and a park is to be developed on the
site.
Council Member Slavik stated that she admired Mr. Duerr's spirit, but
suggested he discuss this with the Corpus Christi Economic Development
Corporation.
Council Member Berlanga also suggested Mr. Duerr speak to the Corporation
because the primary purpose of his proposal is to bring businesses to the
downtown area.
Council Member Strong stated that this type of project has been encouraged
by the Federal Government and was called an "incubator project", and was
successful in encouraging new business. She suggested that Mr. Duerr contact
Mr. Robert Kipp, President of the Central Business District Association.
Council Member McComb expressed the opinion that the City should not be
competing with businesses.
Miss Stacy Floyd, an exchange student in the Sister City Program, urged the
Council to be more supportive of the program as far as educating the public as
to the importance of the program and more supportive of the students who visit
Corpus Christi.
Dr. Howard Tirschwell, a member of the Sister City Committee, stated that
the Committee would like to increase its membership to 20; they would like these
appointments made quickly; and he suggested that nominees attend a meeting of
the Committee before they are appointed.
Mayor Jones agreed, and stated that this would be on the agenda next week.
Mayor Jones stated that he would like to adopt a resolution commending Mr.
Tijerina, Chairman of Sister City, for his efforts.
In response to a question from Mayor Jones, Dr. Tirschwell stated that the
Council has not appointed a Chairman for the Keelung, Taiwan committee.
City Secretary Chaps informed the Council that a resolution has been
approved inviting Keelung to become as a sister city.
Mayor Jones expressed the opinion that a sister city in Mexico should be
adopted.
.__.rotes
Regular Council Meeting
September 9, 1986
Page 19
Mr. Richard Diaz, 4113 Naples, stated that he has been employed by the City
for 13 years; he was present during the Communications Workers of America
presentation; and he asked that the resolution recognizing CWA as representing
city employees be listed as an agenda item next week. He stated that there are
employees who are willing to speak before the Council, noting that there are
many problems within the City that employees are concerned about.
City Attorney George stated that city employees have the right to address
the Council.
Dr. Best stated that the policy of the Council is to allow employees to
address the Council during this 5 minute period.
Mr. Diaz continued, and stated that many employees need representation;
there is dues check—off for fire, and police, United Way, credit union, etc.;
the City employees just want fair treatment; the grievance that he was involved
in went to the Finance Director; the Finance Director had the final word; and he
needs CWA because he cannot appear before the Council unless his grievance
concerns termination, suspension, or demotion.
Council Member Mendez stated that it is unfair to do this to Richard Diaz;
Mr. Diaz is asking to have the item on the agenda; last week the vote was to not
place the resolution on the agenda; he is asking that it be on the agenda; and
he pointed out that Mr. Diaz is not here to discuss a grievance.
Council Member Berlanga urged the Council to give the employees a chance so
that the Council can be aware of the problems that exist. He stated that there
are problems.
Council Member Slavik stated that last week the Council agreed to review
the grievance procedure itself and also allow the employees to speak. She
stated that she would like to discuss the grievance procedure first, and then
possibly have the item on the agenda.
Mr. Diaz stated that there are other issues besides grievances, for
instance, the manner in which management receives merit raises and also the
manner in which some employees are forced to work overtime.
Council Member Slavik stated that a situation like that might not be
productive; the Council should review the grievance procedure itself; if the
Council just "throws it open" it will be uncontrollable.
Council Member McComb stated that he can appreciate Mr. Diaz' concern;
Council Member Guerrero made a motion during the morning workshop to hold a
Council Meeting at 5:30 p.m. on September 30 which will provide a forum for the
city employees. He stated that it was not verbalized, but the purpose of the
5:30 meeting is to give city employees a chance to express themselves.
. _.lutes
Regular Council Meeting
September 9, 1986
Page 20
Mr. Diaz stated that it is hard to get employees to appear before the City
Council, and Mr. McComb stated that they will appear if they want to.
Mayor Jones stated that there is nothing to prevent city employees from
being a member of CWA now; CWA can represent employees in a grievance; but there
are laws prohibiting collective bargaining.
Council Member Mendez stated that one of the questions discussed last week
was whether the employees would have an opportunity to petition the Council for
recognition -- that was the whole issue.
Mr. Diaz stated that he would like to petition the Council now to bring
forth the_resolution regarding CWA.
Council Member Mendez stated that Mr. Diaz is petitioning the Council, as a
city employee, because he wants this issue before the Council. Mr. Mendez
pointed out that last week the Council did not even let the issue become an
agenda item. He stated that he feels the signatures on the CWA cards should be
verified and the issue should be opened as a forum so the City employees can
speak. Council Member Mendez stated that there is one city employee before the
Council now and there should be a houseful.
Council Member Mendez made a motion that the issue concerning recognition
by CWA for city employees be made an agenda item next week to allow the
employees and the public to express their views; seconded by Council Member
Berlanga.
Council Member Pruet stated if the issue is the Council condoning or giving
approval to CWA by recognizing them as representatives of the employees, that is
not necessary. He questioned exactly what the presentation would be. He stated
that employees do not need the Council's approval to join the Union, and
inquired if the real issue is dues check off. He stated that the workers
already have the right to join the Union.
Council Member Berlanga stated that the Council is blowing this out of
proportion; the only thing the Council will hear are the feelings of the
employees and what the problems are within the City; that is the reason they
want to join the Union; and he feels the Council has an obligation to hear the
employees.
Council Member Slavik stated that the Council needs to listen, but she is
concerned about placing this on the agenda. She stated that this is an
emotional issue; the Council voted against dues check -off; her concern is
listening to the employees, because there is the question of the Union. She
suggested limiting the number of employees that could speak to the Council.
Mr. Diaz stated that he could bring whatever number of employees the
Council decides to hear.
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Regular Council Meeting
September 9, 1986
Page 21
Mayor Jones stated that he objected to this 5 minute presentation, because
it has taken 30 minutes. He then declared Mr. Diaz out of order and told him
not to speak any more.
Council Member Strong stated that last week she supported placing this on
the agenda; the Council has asked for a response to the grievance procedure;
there is also the concern in the area of management's relationship with
employees; it is important that the Council hear from the staff before any
further action is taken; and she cannot support the motion today. She stated
although, that she welcomes Mr. Diaz to bring employees to the Council meeting
to speak under petitions.
Council Member Mendez informed the Mayor that he cannot cut off discussion
among the Council Members. He stated that the Council did not make a decision
last week; the issue was whether to place this on the agenda; he stated that in
the past, the Council has never limited the number of people who could speak
under petitions from the audience; and he questioned the fairness of the
Council. He stated if the Council is opposed, then vote against the employees'
right to make a presentation to the Council.
Mr. George stated that an employee has a right to
from the audience, but it takes 5 votes for an item to be
The motion failed to pass as follows: Jones, Best,
and Strong voting "no"; Berlanga and Mendez voting "aye";
time the vote was taken.
appear under petitions
listed on the agenda.
McComb, Pruet, Slavik,
Guerrero absent at the
Mr. Tony Dominguez, 2409 Cleo, stated that he is present today because of
remarks made in the past by some of the Council Members. He stated that he is
an American; there are many Union members who fought the Japanese in the war and
now the Council makes a city in that country a sister city; many employees
served in many wars; his father was a city employee who died on the job and his
mother received nothing; the city employees have the right to be recognized and
to be represented; he stated that the people in the Union are as much Americans
as anyone else; and it makes him mad when citizens like the City employees are
oppressed. He stated that the employees do not set the rates that Dr. Best
charges or the rates charged by Mr. Pruet. He stated that the implications are
that union members are not Americans, but union members are Americans first.
Ms. Veronica Gonzales, 2715 Marguerite, referred to the Up With People
program which is an international cultural program. She stated that she would
like to tour with this group in order to bring the knowledge she gains back to
the community. She asked for support in the way of funding.
Mayor Jones suggested she contact civic groups, and Council Member Strong
stated that the Chamber of Commerce could provide her with such a list.
There being no further business to come before the Council; on motion by
Mayor Pro Tem Best; seconded by Council Member Slavik and passed unanimously;
the meeting adjourned at 5:58 p.m., September 9, 1986.
/td
Minutes
Regular Council Meeting
September 9, 1986
Page 22
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 September 9, 1986, where were approved by the City Council
on September 16, 1986.
WITNESSETH MY HAND AND SEAL, this the /y id day ofilA1/?r/4., / 4Y' .
Armando Chapa City Secretary
City of Corpus Christi, Texas