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HomeMy WebLinkAboutMinutes City Council - 12/16/1986PRESENT: Mayor Luther Jones Mayor Pro Tem 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 DECEMBER 16, 1986 2:00 P.M. City Manager Craig McDowell City Attorney Hal George City Secretary Armando Chapa Mayor Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Thomas Deviney of South Bluff United Methodist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Guerrero. 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 Guerrero that the minutes of the Regular Meeting of December 9, 1986, be approved as presented; seconded by Council Member Mendez; and passed unanimously by those present. * * * * * * * * * * * * * Mayor Jones called on Dr. Howard Tirschwell to report on Veracruz, Mexico. Dr. Tirschwell stated that members of the City Council of Veracruz have been visiting the City; there will be a reception tonight at the Sheraton Marina at 8:00 p.m.; and the public and Council are invited. Council Member Berlanga then introduced Mayor Pro Tem Dolores Fernandez Contreras, Guilleromo Raul Lucia Ybarra, Gustavo Duarte Rivas, Illias Consuergra Hernandez, Dolores Pichardo Fernandez, Doctora Isa Lia Tapia De Lucia, and Rosa Magartia Isa De Duarte. Mayor Pro Tem Contreras read a proclamation approving and accepting the proposal to become a Sister City with the City of Corpus Christi. Mr. Hector Rangel, Mexican Consul, translated the proclamation. Mayor Pro Tem Contreras then presented the symbol of Veracruz to Mayor Jones and read a letter from the Mayor of Veracruz. MICROFILMED 11111 .,inutes Regular Council Meeting December 16, 1986 Page 2 a Council Member Berlanga presented a key to the City to Mayor Pro Tem Contreras and presented honorary citizenship certificates. Mayor Pro Tem Contreras then presented honorary citizenship certificates to Mayor Jones, Council Member Berlanga, Dr. Howard Tirschwell, Mr. Johnny Alaniz, and Mr. Hector Rangel. Mayor Jones stated that this is the beginning of a student exchange program involving ten students, and over a long period of time, this will be very priceless. Mayor Pro Tem Contreras stated that the City of Veracruz and Corpus Christi are now Sister Cities; they have many things to learn from each other; and she hopes the friendship ties will last forever. Dr. Tirschwell stated that the Council needs to decide how many students will go to Veracruz, and that approximately $1,300 is needed for this. Mayor Jones stated that this item would be on the agenda of December 23, 1986. Council Member McComb presented a caricature portrait to Mayor Jones, and stated that this is from Mayor Pro Tem Florence Shapiro of Plano, Texas. * * * * * * * * * * * * * Mayor Jones called for consideration of the following: Action of the Council from the Workshop Session Resolution supporting Legislation to strengthen traffic safety regarding driving while intoxicated. Council Member Strong stated that she cannot support item 8 of the resolution, considering a DWI offender who has caused the death of another person to have committed voluntary manslaughter rather than involuntary manslaughter. She stated that alcoholism is a disease and should not be singled out from other diseases. Council Member Strong made a motion to delete item 8 from the resolution; seconded by Mayor Pro Tem Best. Council Member Berlanga stated he will not support the motion because alcoholism is a controllable disease, unlike heart disease and epilepsy. He stated that if a person drinks, it is done voluntarily. Council Member Slavik inquired if there were any legal ramifications associated with item 8 of the resolution. • .,inutes Regular Council Meeting December 16, 1986 Page 3 City Attorney George stated that he cannot represent to the Council that all of these items are or are not in State law. He stated that item 5, preli- minary alcohol testing of DWI suspects before arrest, raises some constitutional problems. He stated that he has not had an opportunity to review the resolution from a legal standpoint. Council Member Slavik stated that she sees no legal problem and will support the resolution. The motion failed to pass as follows: Jones, Best, Pruet, and Strong voting "aye"; Berlanga, Guerrero, McComb, Mendez, and Slavik voting "no." Council Member Strong stated that she will abstain from voting on the resolution because she is opposed only to item 8. City Secretary Chapa polled the Council and the following resolution was approved: RESOLUTION NO. 19567 SUPPORTING LEGISLATION TO STRENGTHEN TRAFFIC SAFETY REGARDING DRIVING WHILE INTOXICATED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Strong abstaining. * * * * * * * * * * * * * Mayor Jones called for consideration of Consent Motions 1 thru 12. Council Member Slavik referred to item 2, receipt of bids for street construction material, and inquired if the new specifications would eliminate the sole source bid problem. Assistant City Manager Lontos replied that only one item is considered a sole source; he has been told that this material is also available from Mexico and another source in Texas; the specifications are clear; the City of San Antonio and Austin are using it; it has been tried successfully on Ocean Drive; and they would like to use it on major streets. Council Member Mendez informed the audience that item 7, approving plans for additional parking lots around the Convention Center, has been withdrawn pending receipt of information on the underground parking. There were no comments from the audience; a motion was made by Council Member Guerrero that items 1 thru 6 and 8 thru 12 be approved; seconded by Council Member Mendez; and passed unanimously. Ainutes Regular Council Meeting December 16, 1986 Page 4 1. M86-0501 Approval of specifications and authorization to receive bids for forty pick-up trucks and two vans for various City departments. Estimated expenditure of $405,610 was approved in the 1986-87 capital outlay budget. 2. M86-0502 Approval of specifications and authorization to receive bids for a supply agreement for street construction material. Estimated annual expenditure is $1,830,000. Funds were approved in the 1986-86 budget. 3. M86-0503 Approval of specifications and authorization to receive bids for one diesel powered tractor for Parks Division. Estimated expenditure of $16,075 was approved in the 1986-87 capital outlay budget. 4. M86-0504 Authorizing the receipt of bids on December 29, 1986, for a salvage contract at the City's sanitary landfills for a period of one year with two one-year renewal options. 5. M86-0505 Approving the purchase of four microfilm reader/printers from C.S.I. Business Systems based on the best bid of $21,212. These units will be installed in the Corpus Christi Public Library. Funds are available from the Central Library Building Trust Fund. 6. M86-0506 Rejecting the bids submitted on September 10, 1986, for the demolition of the La Retama Library, and authorizing that the project be readvertised with bids to be received on January 13, 1987. 7. Withdrawn - See page 3. Apprev4eg-p}ena -r-eeela e--bis-ea-January 43; -4 -9871 ---or -the- -eenstreet4en -perleMtg-Jets--sfrxrFxl--tkre-Sty€rent Pleee-Geeveee4,ee-Genteer 8. M86-0507 Approving plans and specifications for the extension of a 12" waterline along McGloin Road and authorizing receipt of bids on January 6, 1987. 9. M86-0508 Approving a contract with David M. Griffith and Associates, Ltd., for professional services to be rendered in the preparation of a Cost Allocation Plan and a Full Cost Budget Plan for fiscal years ending July 31, 1987, 1988, • Ainutes Regular Council Meeting December 16, 1986 Page 5 1989, 1990 and 1991, at a fee for each year not to exceed $14,500 including expenses. 10. M86-0509 Accepting the Padre Island Public Safety Building project; authorizing final payment of $32,670 to Coleman -Roth Construction, Inc.; and granting a 39 -day time extension to the contractor due to a substantial delay by the steel structure manufacturer. 11. M86-0510 Scheduling a public hearing for January 6, 1987, on the closure of approximately 472 square feet of unimproved public right-of-way in Morgan Avenue. 12. M86-0511 Scheduling a public hearing on January 6, 1987, to consider the closure of public alleys in Blocks 1, 2 and 5, Bayview Subdivision Unit 3 and Blocks 7 and 8, Bayview Subdivision Unit 2. Mayor Jones called for audience comments on consent ordinances 13 thru 22. Mrs. Selma Gurden, 3151 Gollihar, spoke in favor of Ordinance 17, prohibiting parking on a portion of Gollihar Road Mr. Jimmy Lyles, President, Chamber of Commerce, spoke in favor of Ordinance 16, authorizing contractual annexation of 73.4 acres on Padre Island. He stated that the Chamber of Commerce passed a resolution endorsing the annexation. Mr. Tom Matthews, 6414 Swan Sea, stated that it is extremely important that the Council support the annexation, and the Council should support economic development. Mr. Jack Dumphy, 805 St. Laurent, pointed out that Kings Crossing Subdivi- sion was annexed by contract. He stated that in accordance with the City Charter, contractual annexation must be used by the City. He expounded on the tax revenues that this property would generate, and urged the Council to con- tinue to welcome development in the community. Mr. Robert Vino, 736 Arlene, stated that many people are unemployed and this development will create jobs. Mr. Hank Snyder, 9 Rock Creek, spoke in favor of the annexation and stated that Mr. Ralph Durden is trying to do something for the entire community. Mr. A. J. Sandoval, 6925 South Padre Island Drive, spoke against the annexation, noting that this area was included in the annexation proposition that was defeated by the voters. • iinutes Regular Council Meeting December 16, 1986 Page 6 Mr. Ralph Durden, developer of Lake Padre, stated that the Council will be voting on the water extension policy. He stated that the opposition is not concerned with creating jobs; this will not be going against the will of the voters; the only investment the City has on the island is the fire station; he stated that the tax base increases because of growth; and he urged the Council to recognize the need of the community and not just the 6,000 voters that went to the polls in August. Mrs. Elizabeth Walker, 13907 Sea Horse, stated that a small number of voters opposed annexing a tremendous amount of land. She stated that she is in favor of the annexation and it will increase tourism. There were no further comments from the audience. Council Member Slavik stated that she will abstain on the annexation proposal because this annexation proposal was unfortunately and unnecessarily included in the August election which failed three to one. She stated that the Council now refuses to place the issue for clarification purposes in the next election. She stated that she will abstain on this annexation proposal because she feels this issue was handled very poorly by the Council in regard to the public perception. She stated that she would vote for this annexation if it had not been included in the August, 1986, Election, noting that she has voted in favor of all previous contractual annexations. Council Member Guerrero made the following statement: "In a democracy, the will of the people must be considered as the prime governing force. And this is the consideration that I contemplated over the proposed annexation -- the will of the people. It is an awesome responsibility to act and interpret the will of the people. "I ran for office in 1983 based on the need for people sensitivity, the need to listen, not just hear. I have, to the best of my ability, attempted to be an activist for the people I represent in this City. I have never done anything I did not believe was in the best interest of the people. No one can say I am establishment or a wired voter on this Council -- I speak my mind and my conscience. "We face a political issue that should be an economic issue -- and there comes a second democratic principal as consideration of a prime governing force -- the greater good for the greater number. "I conclude: Democracy - the will of the people as the prime governing force - Yes! And the greater good for the greater number - Yes! I cannot justify 8.9% voter response as the prime governing force to outweigh the greater good for the greater number. For this reason, I vote yes on the annexation." Council Member Strong stated that in April, 1985, she was elected by District 4 to represent them -- not on a list of how she would vote on issues -- but on her ability to determine what is in the best interest of the City; this a _.inutes Regular Council Meeting December 16, 1986 Page 7 annexation represents planned, responsible growth and she plans to vote in favor of the annexation. Mayor Jones stated that he, too, would vote in favor of the annexation because to vote no would reverse the usual procedure of all Councils that he has ever served with. He pointed out that the issue that the voters voted on in August was an entirely different issue. Mayor Jones then provided tax rate figures and the fact that the Councils have been able to reduce the rate only because of growth through annexation. Council Member Berlanga stated that he has discussed this issue with many other people and he has reached the conclusion that because of the small percentage of people who voted against the annexation in the August election, he plans to vote in favor of this contractual annexation. He also pointed out that the Texas Riviera project is an outstanding one and he supports the plans of the developer. City Secretary Chapa polled the Council for their vote; the following was approved: 16. FIRST READING AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND LAKE PADRE, LTD. FOR THE ANNEXATION OF APPROXIMATELY 73.4 ACRES OF LAND OWNED BY LAKE PADRE, LTD., 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 abstaining. There was a 10 minute recess; the Council reconvened at 4:20. There were no comments on ordinances 13 thru 22, excluding 16; City Secretary Chapa polled the Council for their vote as follows: 13. ORDINANCE NO. 19568 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 4, IN CONNECTION WITH THE POLICE STATION EXPANSION PROJECT: APPROPRIATING $37,486; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet absent at the time the vote was taken. 41111 ,iinutes Regular Council Meeting December 16, 1986 Page 8 14. ORDINANCE NO. 19569 CLOSING AND ABANDONING THE 10 -FOOT WIDE UTILITY EASEMENT ALONG THE COMMON LOT LINES OF LOTS LOTS 1, 2, 3, 4, 61, 62, 63, AND 64, AND A PORTION OF LOTS 5 AND 60, BLOCK 817, PORT ARANSAS CLIFFS 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, Slavik, and Strong voting "aye"; Pruet absent at the time the vote was taken. 15. ORDINANCE NO. 19570 PERMITTING AND REGULATING THE CONSTRUCTION, MAINTENANCE, AND USE OF A LONG DISTANCE TELECOMMUNICATIONS SYSTEM BY US SPRINT - ACROSS, OVER AND UNDER THE PUBLIC RIGHTS-OF-WAY OF UP RIVER ROAD, HEARN ROAD, AND SHARPSBURG ROAD OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet absent at the time the vote was taken. 16. See Page 7. 17. SECOND READING AMENDING CHAPTER 53, TRAFFIC, SECTION 53-252, SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS; PROVIDING FOR SEVERANCE; 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, Slavik, and Strong voting "aye"; Pruet absent at the time the vote was taken. 18. ORDINANCE NO. 19571 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH UNICORN VENTURES FOR THE PLACEMENT OF VIDEO GAMES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT. The Ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet absent at the time the vote was taken. 19. THIRD READING - ORDINANCE 19572 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND ROGERS FLOOR CO., INC. FOR THE ANNEXATION OF APPROXI- MATELY 4.74 ACRES OF LAND OUT OF LOT 8, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, 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 on third reading and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet absent at the time the vote was taken. a elinutes Regular Council Meeting December 16, 1986 Page 9 20. THIRD READING - ORDINANCE NO. 19573 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND E.H. MOORE HOMES, INC. FOR THE ANNEXATION OF APPROXI- MATELY 16.11 ACRES OF LAND OUT OF LOTS 21, 22, AND 23, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, 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 on third reading and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet absent at the time the vote was taken. 21. ORDINANCE NO. 19574 ANNEXING A 4.74 ACRE TRACT OF LAND OUT OF LOT 8, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, OWNED BY ROGERS FLOOR CO., INC.; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet absent at the time the vote was taken. 22. ORDINANCE NO. 19575 ANNEXING A 16.11 ACRE TRACT OF LAND OUT OF LOTS 21, 22, AND 23, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; OWNED BY E.H. MOORE HOMES, INC.; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Jones called for consideration of Ordinances 24, 26, and 27. Mr. Lorenzo Gonzales, Building Official, informed the Council that Ordinance 26 is a result of a study conducted by a committee of the Electrical Advisory Board; the committee has researched the present ordinance for 9 months; and after a series of public hearings, the Board recommends that the ordinance be amended in the areas of examinations and reciprocal licensing. *Council Member Slavik departed the meeting at 4:25 p.m. There were no comments from the audience; City Secretary Chapa polled the Council as follows: ninutes Regular Council Meeting December 16, 1986 Page 10 24. ORDINANCE NO. 19576 AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT TRANSFERRING THE RESPONSIBILITY OF ADMINISTRATION OF GRAZING AND AGRICULTURAL LEASES AT CHOKE CANYON RESERVOIR FROM THE BUREAU OF RECLAMATION TO THE TEXAS PARKS AND WILDLIFE DEPARTMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet and Strong voting "aye"; Guerrero absent at the time the vote was taken; Slavik absent. 26. FIRST READING AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES, SECTION 13-60, THE ELECTRICAL LICENSING ORDINANCE, TO PROVIDE FOR THE ADMINISTRATION OF EXAMINATIONS AND FOR THE RENEWAL AND IDENTIFICATION OF ELECTRICIAN LICENSES OBTAINED THROUGH THE RECIPROCAL LICENSING PROCEDURE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The Ordinance was read for the first time and passed to second reading as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Strong voting "aye"; Guerrero absent at the time the vote was taken; Slavik absent. 27. FIRST READING AMENDING ORDINANCE 18230 ADOPTING THE FIRE PREVENTION CODE BY ADOPTING THE STANDARD FIRE PREVENTION CODE, 1985 EDITION, ESTABLISHING FEES FOR FIRE DEPARTMENT PERMITS; AUTHORIZING CITATIONS FOR VIOLATIONS; PROHIBITING PARKING WITHIN 15 FEET OF FIRE HYDRANTS; REQUIRING SIGNS AND MARKINGS OF DESIGNATED FIRE LANES; REQUIRING ADEQUATE TURNING SPACE ON DEAD END STREETS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The Ordinance was read for the first time and passed to second reading as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Strong voting "aye"; Guerrero absent at the time the vote was taken; Slavik absent. Mayor Jones called for consideration of Ordinance 25, first reading authorizing allocation of certain funds for art in the construction of public works. Assistant City Manager Hennings stated that this ordinance is the conclusion of a lengthy process; the Council authorized a contract with a consultant, Mr. Jerry Allen, for a recommendation to expend funds from the Permanent Art Trust Fund; this was reviewed by the Municipal Arts Commission; and the Commission recommends the adoption of the ordinance for the development of a public art program. Mr. Hennings stated that the ordinance needs to be amended and the policy and guidelines need to be adopted by the Commission. He stated that staff recommends amendments to the Ordinance proposed by the Commission as outlined in Attachment "B" which would result in 1% instead of lk% of approved project budgets; that the 1% apply only to new buildings frequented by the public instead of the remodeling of any new buildings, parks, decorative or i L1inutes Regular Council Meeting December 16, 1986 Page 11 commemorative structures, streets, sidewalks, parking facilities, or utilities; and that funds authorized by this ordinance remain in bond fund accounts until used rather than transferring funds into the Municipal Arts Trust Fund. He stated that under the proposed ordinance, the Permanent Art Trust Fund would be abolished, and a new Municipal Arts Trust Fund would be established and the balance of the Permanent Art Trust Fund would be transferred to it. He stated that the Commission would be assigned certain additional duties, such as adoption of guidelines for administration of the public art program, designate sites, determine project budgets, select artists, commission artworks, review design and placement of art, and review removal of works of art. He stated that if the Council desires, they should agree to the amendments and then adopt the amended ordinance. He stated that the key issues are: one, which projects are subject to the 1% - the Commission proposes that most projects would be subject to the policy; two, how much - 1% or 11% - the staff recommends 1% because the additional k% was to provide staff support and other administrative services; and three, the Commission's ordinance attempts to capture the allocation of funds and transfer it to the Municipal Arts Trust Fund with no regard to where the money originated -- staff recommends that the funds stay in the bond fund and be spent as a part of the project. Mr. Jerry Allen, consultant, displayed slides of various art works, noting that these are the types of works that would be eliminated under the staff's amendments. He stated that the issue is whether or not in difficult economic times funds can be allocated to art. He stated that the decision is whether or not the arts are an essential part of the life of the City or a frill. Mr. Allen stated that the amendments reduce the size of the program by 90% to 95%; they defer it for five years; without the amendments the percentage could be applied to all programs and be flexible, rather than apply to just buildings; and under the amendment, parks would be omitted. He stated that no public art program can be successful without commitment and cooperating with the community, and that requires extensive staff development, educational programs, and money. He suggested that 1% of the money be used for the art work and i% be used for maintenance of the art work and community education. Mr. Allen stated that one of the biggest frustrations of an art program is the ability of the bureaucracy to keep the intent of the ordinance from being enacted. He stated that the advantage of transferring the money to the Munici- pal Art Trust Fund is that it becomes an automatic mechanism that provides the funds appropriated by the Council. Mr. Allen stated that in Seattle, the arts program has been instrumental in increasing tourism and economic development. s .,inutes Regular Council Meeting December 16, 1986 Page 12 Mr. Bill O'Boyle, Hershey Hotel, ordinance proposed by the Commission. Ms. Pat Eisenhauer stated that favor of the ordinance. stated that he is in favor of the the arts are very important and she is in Mr. Frank Clarkson, 129 Lakeshore, stated that he is in favor of lk%. Mr. Dennis Silverstein, speaking on behalf of artists, stated that this ordinance would make a difference to the youth of the community and a public arts program is needed. He urged approval of Mr. Allen's recommendation. Mr. Ric Collier, Director, Art Museum of South Texas, stated that the ordinance is very well written and will be an asset to the community. He stated that the program would attract business. He stated that by limiting the number of projects, it would limit the economic stability of the artists. Mrs. Sue Gardener, Director of the Botanical Gardens, stated that she supports the recommendation of the Commission. Ms. Connie Freeman, Chairman of the Visual Arts Commission of the Municipal Arts Commission, stated that this ordinance is recommended after one year of study. She stated that staff amendments cut the heart out of the program. She provided the Council with letters of support, and stated that this is a good plan now, and for the future. Mayor Jones stated that he has confidence in the staff recommendation, and does not believe that staff has any ulterior motives in their recommendation. He asked staff for an explanation of the logic behind the amendments. Mr. Hennings stated that there is a legal as well as practical problem in the percentage. He stated that in order to take money from a project for which a budget has been developed, something must be deleted to provide the percentage for the arts; therefore staff only recommends projects in the future. He stated that as far as buildings being the only projects included, the Legal Department feels that money in a street bond fund cannot be reallocated for a work of art that is not related to the street project. He gave as an example, a sewer sliplining project -- how would arts apply to that project? He stated that the issue of 1% versus 1}% extent in that it is the Council's decision. He stated stated that to transfer those suggested that is an arbitrary decision to some that keeping the funds in the bond fund is a legal question. He vote for bond funds for a street project, for example, and then funds and use in a pool for art, is probably not legal. He the bond counsel look at this portion of the amendments. Council Member Strong stated that it is important that the art program not be limited; art should be in every segment of the community; the quality of a 11111 ninutes Regular Council Meeting December 16, 1986 Page 13 City is what matters; and she stated that children that have been exposed to art are more intelligent in math than those that have not had the art exposure. She stated that taking the art program away from the parks takes away from youth the ability to see art. She stated she is concerned about the legal aspect and the staff's ability to support this kind of program. Council Member Strong asked that the Council support in concept the entire package presented by the Municipal Arts Commission and asked staff to look diligently at the reasons they could not support this and report to the Council with more documentation and expound as much as possible within the legal ramifications. Mayor Jones pointed out that this is a three -reading ordinance. Council Member Strong made a motion to accept the entire package as recommended, with the exception of the duties as outlined in the explanation of the proposed ordinance, in regard to designation of sites, etc. She stated that the duties are very expanded, and she feels it should include a clause for yearly review. The motion was seconded by Council Member Pruet. Discussion followed as to whether every project would come before the Council, and Mr. Hennings stated that each project would come to the Council for approval. City Attorney George stated that he would have to file a written objection to the ordinance as it is written. He pointed out that since the money is proposed to be transferred to one fund, those funds can be spent anywhere. Mayor Jones pointed out that all the money would be in one "pot", and this should not be done. He stated that the voters approved the bond issues for specific types of projects. Council Member Strong stated that she could withdraw her motion if the staff would go to bond counsel first. Council Member Pruet stated that he supports the recommendation of the Municipal Arts Commission as much as legally possible, but he expects staff to give the Council the legal parameters. Council Member Mendez stated that he could support the motion because this is a three -reading ordinance and staff will report to the Council on the legal questions. He stated, however, that the appointment of the Selection Panel should be made by the Council, but he will address that later. Council Member McComb stated that he cannot support the motion. He stated that in the bond issue the voters turned down $5 million for cultural improvements, and that means the people want the money spent on the basics. He stated that he would like the legal questions answered. Mayor Jones stated that he would support the first reading, but he expects answers to the legal questions. s mutes Regular Council Meeting December 16, 1986 Page 14 Council Member Strong repeated her motion to accept the Municipal Arts Commission recommendation, with an amendment for a yearly review and with the understanding staff will report on the legal aspects. Council Member Mendez pointed out that the motion recommends U% and he will vote against it until the questions have been answered about the impact on the general obligation bond fund. The motion passed as follows: Jones, Best, Berlanga, Pruet, and Strong voting "aye"; McComb and Mendez voting "no"; Guerrero and Slavik absent. City Manager McDowell explained that the money could be used anywhere in the City for public art. Mayor Pro Tem Best asked for an explanation of the word "art" and inquired if the funds could be used for performing arts or if it would be limited to physical, visual art. He stated that he would like to know if the funds would have to be used in connection with each project, or if a pool would be established and funds could be used in any area of the City. Mr. Hennings stated that the ordinance provides that a pool would be created to fund art in any form or any location. Council Member McComb stated that it was his understanding that the funds would be used for fixed, permanent art objects. He inquired about the consequences if a project cost is over the budgeted amount, and Mr. Hennings explained that the language in the ordinance specifies that the percentage for the arts would be appropriated at the time the project appropriation is approved. Mr. Allen addressed the Council again and stated that the proposed 1% for the art program is a mechanism to distinguish between kinds of capital expenditures; the ordinance speaks specifically of permanent art objects and is designed for visual art -- not performing art. Mayor Jones stated that he has a problem taking funds from a sewer project to be designated for permanent art. Mr. Allen pointed out that if the Municipal Arts Commission recommends art objects that do not reflect the intent of the voters, the Council would still have the authority to deny the recommendation. City Attorney George informed the Council that the ordinance as presented to them does not speak to visual art and it does not exclude performing arts from being funded from this source. Mr. Allen reiterated that the Council will have the ultimate review authority over every project, but he was of the opinion that the artistic judgments should be made by the Municipal Arts Commission. ,inutes Regular Council Meeting December 16, 1986 Page 15 Mayor Jones stated that the Council needs to determine if this is appropriate use of bond funds. A motion was made by Mayor Pro Tem Best that the first reading of this ordinance be tabled for two weeks until further information has been obtained from the Legal Department. The motion was seconded by Council Member Mendez and passed by the following vote: Jones, Best, McComb, Mendez, and Strong voting "Aye"; Berlanga and Pruet voting "No"; Guerrero and Slavik absent at the time the vote was taken. City Secretary Chapa reminded the Council that they had not taken action on Item 23. A motion was made by Council Member McComb that the following be approved; seconded by Council Member Pruet; and passed with Council Members Guerrero and Slavik absent. 23. M86-0512 Approval of specifications and authorization to receive proposals for an automated meter reading system for Public Utilities. The item is included in the Water System Construction Bond Fund for an estimated expenditure of $261,000. * * * * * * * * * * * * * City Attorney George explained that Ordinance 28 is an assignment of the lease from Van Dussen to another subsidiary. He stated that the amendment to the lease to increase space was not recorded in the deed records and the title company requires that it be recorded with the City Manager's signature. There were no comments and the following ordinance was approved: 28. ORDINANCE NO. 19577 AUTHORIZING THE TRANSFER OF LEASES HELD BY VAN DUSSEN AIR, INC.; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Strong voting "aye"; Guerrero absent at the time the vote was taken; Slavik absent. * * * * * * * * * * * * * Mayor Jones called for petitions from the audience. City Attorney George advised the Council that a former employee will address them; it is a personnel matter; and the Council should not make a response. nutes Regular Council Meeting December 16, 1986 Page 16 Mr. Roland Garza stated that he was dismissed from employment due to lack of performance; he has an injury to his back; he was told he could not be evaluated while on light duty; but, now he has been fired due to lack of per- formance. He stated that he feels he was fired because he filed a grievance on October 28. Mayor Jones asked the City Manager for a report on this. There being no further business to come before the Council; on motion by Council Member Pruet; seconded by Council Member McComb and passed unanimously by those present; the meeting was adjourned at 6:06 p.m., December 16, 1986. /td __nutes Regular Council Meeting December 16, 1986 Page 16 Mr. Roland Garza stated that he was dismissed from employment due to lack of performance; he has an injury to his back; he was told he could not be evaluated while on light duty; but, now he has been fired due to lack of per— formance. He stated that he feels he was fired because he filed a grievance on October 28. Mayor Jones asked the City Manager for a report on this. There being no further business to come before the Council; on motion by Council Member Pruet; seconded by Council Member McComb and passed unanimously by those present; the meeting was adjourned at 6:06 p.m., December 16, 1986. /td 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 December 16, 1986, which were approved by the City Council on December 23, 1986. yi WITNESSETH MY HAND AND SEAL, this the cAl day of dczr_ Armando Chapa City Secretary City of Corpus Christi, Texas Luther Jdce€s, MAYOR