HomeMy WebLinkAboutMinutes City Council - 07/21/1987PRESENT
Mayor Betty Turner
Mayor Pro Tem Clif Moss
Council Members:
David Berlanga, Sr.
Leo Guerrero * *
Frank Mendez
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong *
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
JULY 21, 1987
9:00 a.m.
City Manager Craig McDowell
City Attorney Hal George
City Secretary Armando Chapa
Mayor Betty Turner called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Council Member Bill Pruet, following which he
led the Pledge of Allegiance to the Flag of the United States.
City Secretary Armando Chapa called the roll and verified that the
necessary quorum of the Council and the required Charter Officers were present
to conduct the meeting.
Mayor Turner then presented a Certificate of Commendation to Council Member
Mary Pat Slavik for having served as Mayor Pro Tem for the City Council from
April 21, 1987 thru July 20, 1987.
A motion was made by Council Member Slavik that the Minutes of the Workshop
and Regular Council Meetings of July 14, 1987 be approved as presented; seconded
by Mayor Pro Tem Moss; and passed unanimously.
* * * * * * * * * * * *
Mayor Turner called for discussion of the proposed 1987-88 budget.
City Manager Craig McDowell called the Council's attention to page 349
entitled "Public Works - Assistant City Manager."
City Manager McDowell reviewed the budget schedule in relation to the
budget and the public hearing which is scheduled for 7 p.m. tonight and
explained that the budget will be presented to the Council for adoption on July
28, 1987. He informed the Council that the Bond Committee, chaired by Council
MICROFILMED
linutes
Regular Council Meeting
July 21, 1987
Page 2
Member Frank Mendez, met the preceding afternoon and they have suggested that
the adoption of the tax rate be delayed until August 18, 1987, noting that the
Bond Task Force will report to the Council prior to that time. He stated that
the staff believes that the adoption of the tax rate on that date will be timely
in relation to other procedures.
Council Member Mendez explained that as Chairman of the Task Force, he will
present a report on August 11, 1987 in regard to the bond issue.
A motion was made by Council Member Mendez that the Effective Tax Rate not
be adopted until August 18, 1987; the motion was seconded by Council Member
Pruet.
Council Member Slavik questioned this motion and inquired if the effective
tax rate did not have to be adopted prior to the adoption of the budget. She
pointed out that the effective tax rate is a calculation and she assumed that
the intent was to set the tax rate; she urged that the City be very careful that
both rates are considered in a timely fashion.
City Manager McDowell agreed that the intent was to adopt the tax rate, not
the effective tax rate on the August 18 date.
Council Member Rhodes inquired if it had been determined how the additional
funding for the Corpus Christi Area Convention and Tourist Bureau will be
accomplished without a tax increase, and Mr. McDowell explained that there are
several options that may be considered without increasing the tax rate. He
reiterated that the action that should be considered on August 18 is to set the
tax rate, not the effective tax rate.
Mayor Turner expressed the opinion that the Council did not want a tax
increase in order to balance the operating budget; however, if the task force on
bonds decides that they should be sold this year, it may be necessary to
increase the tax rate.
* Council Member Linda Strong arrived at the meeting at 9:20 a.m.
** Council Member Leo Guerrero arrived at the meeting at 9:21 a.m.
Council Member Slavik inquired about the effective tax rate, and Mr.
McDowell explained that this cannot be determined until the City has received
the figures from George Moff of the Nueces County Tax Appraisal District which
they should have by the end of July.
Mayor Turner called for the vote on Council Member Mendez' motion to delay
setting the tax rate until August 18, 1987, and the motion passed unanimously.
City Manager McDowell continued with the discussion on Public Works, which
he stated was approximately the same as the preceding year.
Sinutes
Regular Council Meeting
July 21, 1987
Page 3
Council Member Berlanga referred to the completed project list and inquired
about the improvements to Ayers Street.
Assistant City Manager James K. Lontos explained that Smith and Russo are
preparing the design for that street project; and depending upon the Council's
decision to sell bonds this year, that project could be started in the second or
third year of the bond program.
The next department discussed was Risk Management.
Council Member Berlanga questioned the proposal to hire a professional
insurance consultant, and Mr. McDowell stated that item is on the agenda for
today; it is a one-time contract to analyze the City's insurance needs.
Mayor Pro Tem Moss questioned the need for the consultant since the City
has just employed Mr. Dan Blosser as Risk Manager, and Mr. McDowell stated that
Mr. Blosser does recommend the employment of this firm to assist in evaluation
of the insurance program at a cost of between $17-20,000.
Mr. Moss again stated that he felt that Mr. Blosser should be qualified to
do this analysis.
Sanitation
City Manager McDowell informed the Council that this department's motto is,
"We do more by 9 a.m. than most people do all day."
Council Member Mendez proposed that the City find some source of funds to
install an air-conditioned structure at the landfill area so that the employees
would have a place to rest and have lunch, and Mr. McDowell stated that this
will be investigated.
Council Member Guerrero also expressed the opinion that workers should be
identified on the site, and Mr. Ceferino Valenzuela, Director of the Sanitation
Department, stated that the City employees wear blue uniforms.
Council Member Guerrero inquired if additional funds were included in the
budget for expansion of the landfills, and Mr. McDowell stated that they were
not. He informed the Council that the City purchased 150 acres in the vicinity
of the Greenwood Landfill the preceding year; the usual procedure is to set
aside $150,000 each year for this purpose; but this was not done this year due
to the constraints in the budget.
Council Member Guerrero inquired about the consequences if a landfill
suddenly becomes full, and Mr. Lontos explained that the City would find some
means of purchasing additional land. He explained that it does not have to be
adjacent to the existing landfill but could be anywhere in the vicinity.
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Regular Council Meeting
July 21, 1987
Page 4
Council Member Pruet asked for an explanation of the large amount of
overtime listed in the Sanitation Department, and Mr. McDowell explained that
the City has guaranteed employees payment for a 44 -hour work week, regardless of
the number of hours they work.
Mr. Valenzuela explained that this is part of the incentive productivity
program.
Discussion followed on the possibility of proposals to dispose of garbage
by conversion to energy, and Mr. McDowell stated that he would be glad to
discuss this with interested parties.
Mr. Valenzuela explained automated collections systems that have been
initiated in Austin on two collection routes, noting that there was a limit of
90 gallons of garbage; some citizens had garbage in excess of that amount; and
an additional crew was required to come along to pick up the additional garbage.
He explained the possibility of utilizing plastic garbage bags instead of
garbage cans.
Street Division
Mr. McDowell stated that this department performs a good job; they
requested $2 Million more in their budget than is recommended for approval. He
also explained that street sweeping is performed almost daily in the downtown
area but only about every six months in the residential areas.
Council Member Pruet inquired if the City has developed any figures in
connection with the damage buses do to City streets.
Mr. McDowell explained that the staff traditionally identifies the effect
the use buses have on the streets; this is discussed with RTA representatives;
and they reimburse the City in an amount of about $200,000 a year.
Mayor Pro Tem Moss made a suggestion for consideration of a tax on the RTA
based on the miles driven on City streets.
Assistant City Manager Lontos stated that Mr. Tom Stewart, Director of
Transportation, works with RTA on this but there has been no specific process of
identification of the streets that are being used excessively by the buses.
Council Member Pruet then inquired about the street repairs performed by
the Street Division and inquired if they perform repairs with the existing
specifications or if they increase the materials to make the street stronger
where necessary, i.e., areas used by buses. Mr. Lontos indicated that this
could be considered.
Council Member Pruet continued by stating that a number of cities have
utilized the services of low-risk prisoners to assist in tasks such as street
sweeping and minor repairs and inquired if this city has considered that
possibility.
Minutes
Regular Council Meeting
July 21, 1987
Page 5
City Manager McDowell pointed out that this city is attempting to get out
of the jail business but they could discuss this with Nueces County.
Council Member Strong stated that when she and Council Member Mendez were
discussing the Municipal Court system the preceding year, they requested
attorney Jimmy Bray to look into the possibility of assigning people who have to
appear in court and are required to pay fines to allow them to work in lieu of
paying the fine. She stated that they had suggested that people be allowed to
work on civic projects in order to pay their fines.
Mr. McDowell stated that staff will investigate this also.
Council Member Pruet urged that a definite date be established to receive
this report.
Council Member Slavik inquired if the possibility of privatization of
services such as street sweeping is reflected in this budget, and Mr. McDowell
explained that at the time the City solicits bids for privatization, staff will
be aware of the cost to perform such tasks internally, and when the bids are
received, they can easily determine if it would be economically feasible to go
to privatization.
Airport
City Manager McDowell referred to the many improvements that are underway
at the airport and are soon to be completed. He stated that Mr. George Hext,
Airport Manager, is attempting to attract additional airline service to the
city.
Discussion followed on the taxicab operation, and Mr. Hext explained that
the Airport Advisory Board has recommended changes in the taxicab operation; an
ordinance will be before the Council soon to license and improve the appearance
of the taxicabs and the attitude of the taxicab drivers; and warned that there
might be a lot of protests when this is presented to the Council. He also
explained that the Airport Advisory Board and staff will begin negotiations with
the airlines to change the various fees such as landing fees and use of the
airport to be more comparable with other cities. He also stated that the
specifications for the landscaping at the airport should be completed within the
month; the matter will be before the Council to authorize bids soon; and the
completion time is 45 days.
Council Member Slavik questioned the large increase in salaries listed in
the budget of the airport.
Mr. Hext stated that when he was employed it was at a higher salary than
previously paid, and Mr. McDowell stated the increase in salaries was also to
initiate improved programs.
[inutes
Regular Council Meeting
July 21, 1987
Page 6
Mr. Hext also stated that a long-time airport employee, Mr. John Pinson,
will retire this year which will necessitate an expenditure of $20,000 for his
earned vacation and sick leave pay.
EMS Ambulance
Mr. McDowell stated that the same level of service will be continued.
Gas Division
Mr. McDowell stated that the same programs will be continued and there is
no plan to increase the gas rates.
Golf Center
Council Member Berlanga stated that he had received some comments from
golfers due to the fact that the fees were increased in last year's budget; it
was their understanding that the money generated from this source would be used
to improve the golf courses; and this has not been done.
Mr. McDowell explained that the General Fund had been subsidizing the Golf
Fund for a number of years, and staff combined the golf courses in order to
generate funds to make the golf courses self-supporting. He explained that 4%
of those fees is allocated to the General Fund to provide for finance,
accounting and administrative costs which should be paid if this enterprise fund
is to be self-supporting. He also noted that bonds in the amount of $1 Million
were approved to improve the golf courses.
Council Member Pruet stated that he did not understand why the Water Fund
could not pay for watering golf courses and parks since there is an ample supply
of water at this time, yet the greens at the golf courses and the parks are not
being watered sufficiently.
Mr. McDowell stated that they are waiting to establish a rate structure for
this purpose.
Council Member Strong concurred with Mr. Pruet by stating that the parks
are not being watered because it was her understanding that they do not have
funds in their budget. She questioned the reason for this.
Mr. McDowell stated that he is certainly not aware that watering is not
being accomplished because of budgetary problems. He also pointed out that golf
courses are watered with effluent for which there is no charge.
Wastewater
Mr. McDowell explained that this department budget has been increased
slightly because of expansion.
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Regular Council Meeting
July 21, 1987
Page 7
Mr. Foster Crowell, Acting Superintendent of the Wastewater Division,
explained that the Oso Water Reclamation Plant has just received an award for
excellence from the Environmental Protection Agency for a region that consists
of five states.
Council Member Strong inquired about the variance in the amount of overtime
between the different plants, and Mr. Crowell explained that in this budget they
have asked for increases in the number of employees at specific plants to take
care of expanded facilities.
Council Member Strong further explained that she was referring to the
average of $2,500 per person for overtime at the Flour Bluff Plant. She
inquired if additional employees are being hired, why so much overtime is
budgeted.
Assistant City Manager Lontos explained that not all of the plants are on a
24—hour operation schedule; if something occurs during the evening or nights,
employees have to be called in and paid overtime.
Mayor Turner urged a reduction in overtime for all departments.
Council Member Mendez referred to a discussion in regard to increasing
wastewater rates in order to meet the needs of the community, and Mr. McDowell
stated that can be considered later because those rates can be increased at any
time.
Water Fund
Mr. McDowell reminded the Council that Choke Canyon and Lake Corpus Christi
are both full; the City has set up a sinking fund for the payments for Choke
Canyon which will provide a savings of $56 Million and they do not recommend any
adjustments to the rate at this time but this could be discussed when the
Council considers the Capital Improvement Program.
Council Member Slavik referred to page 500 in reference to code 301
Professional Services and asked about the increase in that code.
City Manager McDowell explained the necessary expenditures for this fund
and noted that most of this is for soil cement work for Choke Canyon.
Mr. Douglas Matthews, Director of Public Utilities, explained further that
Choke Canyon was previously federally maintained, and most of the contemplated
expenditures in code 301 are related to maintenance that the City had to assume
which was previously handled by the Bureau of Reclamation.
Council Member Strong inquired about the overtime listed for Credit and
Collection Division, and Mr. Matthews explained that most of that is related to
employees in the field who are trying to collect in the evenings and weekends
when more people are at home.
4inutes
Regular Council Meeting
July 21, 1987
Page 8
Mayor Turner suggested that someone be employed regularly for the evening
and.weekend shift to avoid the overtime pay.
City Manager McDowell assured the Council that staff will be critically
reviewing all overtime during this budget year, particularly after the move to
the new city hall.
Internal Service Funds
City Manager McDowell referred first to Data Processing stating that it is
at the same level of service; staff is consistent; and the budget is
approximately the same.
Insurance
City Manager McDowell stated the insurance fund is in good condition to
meet our needs.
Maintenance Services
Mr. McDowell stated this operation maintains all vehicles; the budget
remains relatively consistent; and the quality of maintenance is good. Mr.
Isaacks, Director of Maintenance Services, commented that various facets of
repair are contracted out, and employees perform services in-house is less
expensive.
In answer to a question regarding parts inventory from Mayor Turner, Mr.
Isaacks replied they have gone completely automated and expect to save a
considerable amount of money by cutting down with significant savings on
inventory alone.
Intergovernmental Funds
City Manager McDowell stated this fund is basically all state and federal
grants.
Council Member Berlanga asked what the Older Worker Program was, and Irma
Caballero, Director of JTPA replied this programs places people 55 years of age
or older into jobs.
Council Member Berlanga inquired what the procedure is for requesting
grants for these programs, and Mr. McDowell stated the City submits an
application for the grant.
Special Review Fund
City Manager McDowell stated this fund includes the Marina, Parking
Improvements and the Tourist and Convention Center. He stated the Marina
maintains the same level of service; parking improvements derives funds thru
Minutes
Regular Council Meeting
July 21, 1987
Page 9
downtown parking meters; and the Convention and Tourist Bureau derives funds
from the hotel/motel tax.
At this point City Manager McDowell stated this concludes the operation
part of the budget.
Mayor Turner expressed the Council's appreciation for the work performed by
the Budget Office in putting the budget together.
Budget Director Dan Hobbs presented a brief financial overview of the
entire budget.
Assistant City manager Juan Garza explained the bond situation to the
Council; he stated that in April 1985, voters approved $105 Million in bonds and
the City has three years to sell these bonds. He stated he expects the City to
spend a lot of money next year of the 1986 bonds and added that by November of
1989 100% of the bonds approved in November of 1986 needs to be sold.
Mr. Garza then referred to several assumptions for the financial plan some
of which included: the expected interest rate on future bond sales is 9 percent;
all new debt will be issued for a term of 20 years, with an average life of 12
years or less; bond reserve levels will be maintained at 85 to 90 percent; the
Water and Gas Funds will continue to make contributions that help offset
Wastewater debt service; and bond sales will be carefully planned, timed and
structured during the program to match projects with the revenues available.
Council Member Slavik questioned how the $5 Million Tax Reinvestment Zone
Program will affect the City. Mr. McDowell stated these particular projects
will be evaluated.
On Motion by Council Member Guerrero; seconded by Council Member Berlanga,
Mayor Turner recessed the Council Meeting at 11:50 a.m.
* * * * * * * * * * * * *
Mayor Turner reconvened the Council Meeting at 2:00 p.m.
Mr. Hollis Rutledge, Special Assistant for the U.S. Department of the HUD
Regional Office, acknowledged that the City of Corpus Christi Tex-Mex Railroad
Depot Project is recognized as an innovative public/private partnership and
presented Mayor Turner with a certificate of National Recognition.
* * * * * * * * * * * * *
Mayor Turner noted that the appointments for the Task Force on Affordable
Housing have been withdrawn until the Council has had an opportunity to review
them and set the guidelines.
* * * * * * * * * * * * *
linutes
Regular Council Meeting
July 21, 1987
Page 10
Mayor Turner announced the bid opening on the Botanical Gardens Waterline
Extension Project.
Mr. James K. Lontos, Assistant City Manager, opened the bids on the project
from the following firms: Perry Construction Co., Inc. and E. J. Stefek
Construction Company. Mr. Lontos verified that both companies submitting bids
had also submitted the required security bond and acknowledged receipt of the
addendum.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions 1 through 5 noting
that Items 1, 2 and 5 will be held for further discussion.
1. M87-0265
Authorizing the City Manager or his designee to enter into a one-year
services contract with William and Cherilyn Byerley, dba Shoreline Surreys
of Texas, for a quadricycle surrey concession along the bayfront seawall.
2. M87-0266
Approving plans and specifications and authorizing receipt of bids on
August 18, 1987, for water line adjustments at (1) the intersection of Old
Brownsville Road and Padre Island Drive and (2) Padre Island Drive near
Camron Street.
3. M87-0267
Setting a public hearing to be conducted by the Director of Planning in the
Committee Room of City Hall at 5:30 p.m., August 10, 1987, and a second
public hearing to be held on August 11, 1987 by the City Council at 2:00
p.m. on the annexation of a 26,593 square foot tract of land out of Lot 8,
Section 11, Flour Bluff and Encinal Farm and Garden Tracts.
4. M87-0268
Authorizing an agreement with the Corpus Christi Area Oil Spill
Control Association for the joint service of Association and City Petroleum
Inspection Department personnel, shared office facilities, certain City
accounting services and providing for certain reimbursements to the City.
5. M87-0269
Motion to amend, prior to third reading, the ordinance adopting the Corpus
Christi Policy Statements: An Element of the Comprehensive Plan to
incorporate the changes approved by the City Council during the public
hearing conducted on July 7, 1987.
`iinutes
Regular Council Meeting
July 21, 1987
Page 11
There were no comments from the audience on Items 3 and 4.
A motion was made by Council Member Mendez to approve Motions 3 and 4;
seconded by Council Member Guerrero and passed unanimously; Strong absent at the
time the vote was taken.
Council Member Slavik referred to Item No. 1
concession on the seawall, and expressed her concern
She referred to a study which has not been completed
asked for a report from Staff.
pertaining to the surrey
about the traffic safety.
in regard to this item and
City Manager McDowell noted that on the request of the Council, the Staff
has commenced the study but it has not been completed because additional surreys
have not been placed on the seawall. He pointed out that the Staff did indicate
to the Council the limitation of thirty that had been placed there by the
Council because of a study by Mr. Al Hyman. He stated that there is a concern
about additional surreys but that the study has not yet been finalized.
Council Member Rhodes stated that a policy needs to be developed before
voting on the individual contracts, and for this reason she will vote against
this item.
Council Member Guerrero reminded the Council that the Risk Manager
mentioned that there was no concrete evidence nor anything to substantiate a
safety problem with additional surreys.
Council Member Berlanga referred to a letter pertaining to the Byerley's
and a breach of contract and commented as to how much truth there is to the
report. He noted that it is a good business deal; he believes in competition;
he does not think the safety problem will be an issue; and for that reason he
will vote for this item.
Council Member Strong stated that she did have a concern about the ability
of the City to maintain two surrey concessions. She noted that she would like
something included in the contract that if the economic situation results in one
concessionaire going out of business that the new contract could be null and
void by the City. She stated that she would like some sort of a monitoring
system as part of the contract.
Council Member Slavik reiterated her concern for the traffic safety and
stated that she would like to see the study before she votes on this item. She
referred to the statement that the previous Risk Manager made about the
limitation of thirty surreys.
Mayor Turner expressed her concern regarding the
requested an expansion of his business and was denied.
a problem with denying him and then allowing another surrey business
She stated that she thinks it is imperative that a policy be established
vendors operating on the seawall.
fact that Mr. Polinard
She stated that she has
to
open.
for all
Minutes
Regular Council Meeting
July 21, 1987
Page 12
Council Member Mendez stated that he will support this item because of the
need for competition, and that the City needs to provide its visitors with
something affordable. He referred to the fact that in the future, the City
buildings will be removed and that the area will be turned into a park.
Danny Polinard, the current quadricycle concessionaire on the seawall,
referred to the information that was presented to the Council by the Byerley's
concerning their insurance premium and financial statement. Mr. Polinard
questioned the $1 million insurance liability and the Byerley's financial
statement. He noted that the Byerley's walked out on their last contract. He
inquired why he is under fire for increasing his prices when the City's fees and
taxes have also been increased. He expressed his concern about the Risk
Manager's report and urged the Council to either deny or postpone the contract.
Cheri Byerley, 11905 Blue Ridge Mountain, stated that she has a quote for
$1500 for $1 million worth of liability insurance. She admitted that they did
remove their quadricycles because of the low revenues at the resort, and stated
that they thought there would be an accident because of a golf cart vendor. She
referred to the note that was owed Mr. Polinard and stated that there was no
money in the business account to pay the note but that they did have the money
personally to pay it.
Council Member Strong noted that she had discussed with Mrs. Byerley about
a clause in the contact regarding a monitoring system by the City for the
financial viability of two businesses on the seawall, and Mrs. Byerley stated
that she is in full agreement with the clause.
Council Member Guerrero mentioned that Council Member Slavik had previously
indicated that she was opposed to this operation because she did not think two
concessions would make it, whereas now her reason for not voting for it is her
concern about the safety.
Council Member Slavik responded to Council Member Guerrero's statement by
indicating that Council Members do not owe any other Council Member an
explanation for their vote, and that they have the power to vote any way they
want to. She indicated she has learned additional information from the last
time that she voted.
Charlie Borton, Seaside Surreys, South Padre Island, urged the Council to
look into congesting the seawall with a lot of surreys. He stated that he has
been in the industry for three years and has never been able to obtain $1 M
or even $500,000 worth of insurance.
R. J. Nelson, Jr., part-owner of Jomark Surreys, 6025 Pinehurst, stated
that their company has never owned any golf carts. He expressed his concern
that every city in the U.S. has a difficult time in obtaining liability
insurance, and noted that the people need to be protected.
Minutes
Regular Council Meeting
July 21, 1987
Page 13
Council Member Guerrero stated the City Manager has been requested to enter
into an agreement with the Byerley's, and that he did not think he would approve
the contract without the insurance.
City Manager McDowell stated that it is a condition of the contract, and
that they will have to produce the certificate of insurance before they will be
allowed to operate.
Discussion followed and Council Member Strong made a motion to insert an
amendment to the contract in Section 10, Page 2, by putting in a clause that
states the monitoring ability of the City to make sure that the economic
viability of the business is there and that there be a cancellation clause if
that is not so.
Council Member Guerrero seconded the motion if it is further amended with
an additional clause that if ever the City deems that the operation is
dangerous, that an additional hearing in reference to this contract will be
conducted.
Council Member Strong stated she agreed with an amendment that would also
call for reconsideration of the contract if we have a dangerous situation. She
stated that she thought it protected the business that is current and provides
guidelines for the new business.
Council Member Mendez stated that he did not think it is a good idea to put
restrictions in the contract. He noted that it is a one-year contract and after
that time we would know whether there would be a safety problem and the decision
could be made then not to renew the contract.
Council Member Pruet stated that he will vote for this item; he thought the
amendments are subjective; he would support it as presented by the Staff and
then evaluate it after one year. He reminded the Council that when the original
contract was entered into, there was no exclusivity clause asked for or given.
Mayor Turner referred to the amendment and stated it would be walking on
dangerous ground, and that every vendor in town would want this clause in their
contract.
Council Member Guerrero stated that if the Council votes for the amendment
and the amendments are voted down, the votes would not be there to approve the
contract.
Mayor Turner stated that the Council is voting for the amendment first and
then the motion. She stated there is a motion and a second to approve the
amendments to the motion. The motion failed by the following vote: Strong,
voting "Aye"; Turner, Slavik, Berlanga, Mendez, Moss, Pruet, and Rhodes voting,
"No"; Guerrero did not vote.
Minutes
Regular Council Meeting
July 21, 1987
Page 14
The motion to award the contract as presented failed by the following vote:
Berlanga, Guerrero, Mendez, and Pruet voting, "Aye"; Turner, Moss, Rhodes,
Slavik and Strong voting, "No."
Council Member Guerrero made a motion to approve the contract with the
Byerley's with the amendments as stated earlier. The motion was seconded by
Council Member Strong.
City Attorney George stated there is a new motion on the table; the consent
motion listed on the agenda failed; Mr. Guerrero has another motion on the table
and that there is a second.
City Manager McDowell stated that as he understood the two amendments which
were proposed earlier was that there would be an amendment to the contract that
would indicate that if the economic situation was such that if either one of the
businesses is jeopardized, the contract would be terminated, and if it was
determined that a safety hazard existed, that it be brought back to the Council
for determination to terminate the contract.
More discussion followed and Council Member Guerrero agreed that these
amendments are not ideal, but the amended contract is better than no business at
all.
The motion by Mr. Guerrero and seconded by Mrs. Strong authorizing the
City Manager to enter into the contract with the Byerley's with the economic and
safety factors built into the contract passed by the following vote: Berlanga,
Guerrero, Mendez, Pruet and Strong voting, "Aye"; Turner, Moss, Slavik and
Rhodes voting, "No."
Mayor Pro Tem Moss referred to Item No. 2 pertaining to the waterline
adjustments at Old Brownsville Road at Padre Island Drive and Camron Street at
Padre Island Drive and requested an explanation as to why the two could not be
combined into one contract.
Assistant City Manager Lontos briefly explained the situation and noted
that the coordination was not perfect. He stated that one of the reasons that
the two have not been combined was that the Staff was not aware that the line on
Camron Street needed to be relocated.
There were no comments from the audience on Item No. 2
A motion was made by Council Member Guerrero to approve Item No. 2;
seconded by Council Member Strong and passed unanimously.
Council Member Rhodes referred to Item No. 5 pertaining to the addendum
regarding the Corpus Christi Policy Statements: An Element of the Comprehensive
Plan and stated that the Builders Association has requested a change which she
thought was reasonable. She stated that she would move to change the policy to
read "Modernize, Strengthen as Necessary."
Kinutes
Regular Council Meeting
July 21, 1987
Page 15
There were no comments from the audience on Item No. 5
A motion to amend the policy was made by Council Member Pruet; seconded by
Council Member Mendez and passed unanimously.
A motion to approve the ordinance as amended was made by Council Member
Pruet; seconded by Council Member Mendez and passed unanimously.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Resolutions, Ordinances,
and Ordinances from Previous Meetings on Items 6 through 22.
City Manager McDowell noted that Item No. 13 is withdrawn pending some
additional information that is needed, and that it will have to be acted on by
the 18th of August.
Mayor Pro Tem Moss referred to Item No. 9 pertaining to the acquisition of
parcel 1 for the O'Neill -Compton Connection Project and inquired if there is
going to be more than one appraiser, and Mr. Lontos stated that he would provide
Mr. Moss with the appraisal and cost information.
Council Member Slavik referred to Item No. 11 pertaining to the Westside
Wastewater Treatment Plant Expansion and inquired about the comments made at the
public meeting on July 16.
Mr. Lontos stated that one person attended the public hearing and that
there is a concern how the expansion of the plant would affect the site
environmentally. He stated that the Staff showed the person that it did not
impact any of the area that was along the creek. He stated that the City is
trying to get funding but is not on the list this year. He stated that he
thought the City would make the deadline and that the project will proceed as
soon as the grant is received.
City Manager McDowell stated that the Staff does have some concerns from
the EPA in addressing the operation of that plant; Staff thinks we should
proceed with this; there was a public comment period. He noted that Mr. Lontos
will appear in Austin to present the City's case for some discretionary funding
to advance this project. He further stated that this will help relieve the
Broadway plant.
Council Member Slavik referred to Item No. 21 pertaining to the adoption of
the Corpus Christi Comprehensive Policy Statements: An Element of the
Comprehensive Plan. Mrs. Slavik referred to Page 2 of the addendum and inquired
about why the requirement was deleted.
Director of Planning, Larry Wenger, stated that it was the Staff's and the
Planning Commission's opinion that to state that the traffic impact analysis
should be included in the planning process was sufficient to investigate the
Minutes
Regular Council Meeting
July 21, 1987
Page 16
possibility of requiring traffic impact analysis if necessary. He stated that
the the wording in the present document sufficiently addresses the requirement
for traffic impact analysis if necessary
In answer to a question from Mrs. Slavik, Mr. Wenger stated it would
require a considerable amount of discussion and the ordinance would have to be
adopted to require traffic impact analysis; if that is the desire of the Board
and Commissions they can make that recommendation; and Staff can proceed on that
basis, but it is suggested that it be included as part of the planning process.
Mayor Pro Tem Moss stated that he would be in favor of traffic impact
analysis; he was on the Traffic Advisory Board when this was brought up; they
would like it because there have been some developments in the past, such as the
Sunrise Mall and the Blanche Moore Property, that the City is now paying for.
He stated that this can be negotiated between the developer and the City; it
needs to be done up front; the concern is about large developments; and it is
done in every other City in the State.
Mr. Wenger stated that regardless of whether you state in the policies that
it is a requirement that you establish traffic impact analysis or make it a part
of the planning process, if it is a desire of the Council and the Boards to pass
an ordinance requiring traffic impact analysis, that certainly can be pursued.
Discussion followed, and Mrs. Slavik referred to the fact that the Traffic
Board can come back to the Council stating that they would like to suggest that
an ordinance be passed.
There were no comments from the audience on any of the above items.
City Secretary Chapa polled the Council for their votes; and the following
Ordinances and Resolutions were passed:
6. ORDINANCE N0. 19855
CLOSING AND ABANDONING SIX STREET RIGHT-OF-WAY STUBOUTS ALONG OSO PARKWAY
BETWEEN SOUTH STAPLES STREET AND EVERHART ROAD, SUBJECT TO THE PROVISIONS
LISTED BELOW; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes
and Slavik voting, "Aye"; Strong absent at the time the vote was taken.
7. RESOLUTION NO. 19856
AUTHORIZING THE EXECUTION OF A CONTRACT WITH NAISMITH ENGINEERS, INC. FOR
THE PREPARATION OF A MASTER DRAINAGE PLAN FOR THE AREA SOUTH OF OSO CREEK;
AND APPROPRIATING $98,550.
finutes
Regular Council Meeting
July 21, 1987
Page 17
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet, Rhodes and Slavik voting, "Aye"; Strong
absent at the time the vote was taken.
8. RESOLUTION NO. 19857
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO
PARCEL 12 FOR THE POLICE STATION EXPANSION PROJECT AND TO ACQUIRE SAID
PARCEL FROM THE OWNERS, SAM R. FUGATE, ET AL; AND DECLARING AN EMERGENCY.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet, Rhodes and Slavik voting, "Aye"; Strong
absent at the time the vote was taken.
9. RESOLUTION NO. 19858
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE
ACQUISITION OF PARCEL 1 IN CONNECTION WITH THE O'NEILL-COMPTON CONNECTION;
AND APPROPRIATING $52,960.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet, Rhodes and Slavik voting, "Aye"; Strong
absent at the time the vote was taken.
10. RESOLUTION NO. 19859
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 8 IN CONNECTION WITH THE AIRLINE ROAD STREET IMPROVEMENTS; AND
APPROPRIATING $19,437.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet, Rhodes and Slavik voting, "Aye"; Strong
absent at the time the vote was taken.
11. RESOLUTION NO. 19860
PROVIDING FOR THE ACCEPTANCE OF FACILITIES PLAN FOR MUNICIPAL
WASTEWATER SYSTEM IMPROVEMENTS FOR THE CITY OF CORPUS CHRISTI WESTSIDE
AREA.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet, Rhodes and Slavik voting, "Aye"; Strong
absent at the time the vote was taken.
12. RESOLUTION NO. 19861
AUTHORIZING THE TRANSFER OF $60,000 FROM THE VEHICLE REPLACEMENT TRUST FUND
TO. 102-252-513.14-347 FOR THE LEASE PAYMENTS ON A CRAWLER TRACTOR; AND
DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
July 21, 1987
Page 18
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet, Rhodes and Slavik voting, "Aye"; Strong
absent at the time the vote was taken.
13. WITHDRAWN (See Page 15)
RE6OEUT36N-APP44B3J3NG-TA1C-9N-N0141 13;63-NE66--130ATfi-- T-11--143:7--AA-VA1GRE14-TACE
VEA44�
14. RESOLUTION NO. 19862
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE WYATT COMPANY TO
ASSIST THE CITY IN SELECTING A SOLE BROKER OF RECORD TO OBTAIN PROPOSALS
AND COVERAGES FOR EXCESS OR SURPLUS INSURANCE.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet, Rhodes and Slavik voting, "Aye"; Strong
absent at the time the vote was taken.
15. SECOND READING
AMENDING CHAPTER 2, ADMINISTRATION, DIVISION 15, SENIOR COMMUNITY SERVICES
ADVISORY COMMITTEE, BY AMENDING SECTIONS 2-170, MEMBERSHIP, AND 2-173,
DUTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on its second reading by the following
vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes and
Slavik voting, "Aye"; Strong absent at the time the vote was taken.
16. SECOND READING
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE NUECES COUNTY
MHMR FOR THE LEASE OF THE OLD AMERICAN LEGION BUILDING AT 1626 S.
BROWNLEE.
The foregoing Ordinance passed on its second reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes and Slavik voting,
"Aye"; Strong absent at the time the vote was taken.
17. SECOND READING
AMENDING THE CITY CODE, CHAPTER 53, TRAFFIC, SECTION 53-250, SCHEDULE I -
ONE WAY STREETS AND ALLEYS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The foregoing Ordinance passed on its second reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes and Slavik voting,
"Aye"; Strong absent at the time the vote was taken.
Minutes
Regular Council Meeting
July 21, 1987
Page 19
18. SECOND READING
AMENDING THE CITY CODE, CHAPTER 53, TRAFFIC, SECTION 53-252, SCHEDULE III -
PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, AND SECTION 53-253,
SCHEDULE IV - STOPPING, STANDING OR PARKING PROHIBITED DURING CERTAIN HOURS
ON CERTAIN STREETS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on its second reading by the following vote:
turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes and Slavik voting,
"Aye"; Strong absent at the time the vote was taken.
19. ORDINANCE NO. 19863 (Third Reading)
AMENDING CHAPTER 39, PERSONNEL, SECTION 39-16, LEGAL DEFENSE AND
INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES, SUBSECTION (B) SO AS TO
DELETE THE EXCLUSION OF PUNITIVE DAMAGES; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on its third reading by the following
vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes and Slavik
voting, "Aye"; Strong absent at the time the vote was taken.
20. ORDINANCE NO. 19864 (Third Reading)
AMENDING CHAPTER 39, PERSONNEL, SECTION 39-16, LEGAL DEFENSE AND
INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES, SUBSECTION (A); PROVIDING
FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on its third reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes and Slavik voting,
"Aye"; Strong absent at the time the vote was taken.
21. ORDINANCE NO. 19865 (Third Reading)
ADOPTING THE CORPUS CHRISTI COMPREHENSIVE POLICY STATEMENTS AS
DESCRIBED IN THE DOCUMENT TITLED: CITY OF CORPUS CHRISTI POLICY
STATEMENTS: AN ELEMENT OF THE COMPREHENSIVE PLAN
The foregoing Ordinance passed on its third reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes and Slavik voting,
"Aye"; Strong absent at the time the vote was taken.
22. ORDINANCE NO. 19866 (Third Reading)
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE ULTIMATE YACHT
RACE, INC., FOR A 15 -DAY ANNUAL USE OF APPROXIMATELY 89,250 SQUARE FEET OF
SPACE ON THE NORTHERN HALF OF THE L -HEAD FOR THE BERTHING OF NO MORE THAN
FIFTY RACING YACHTS.
Minutes
Regular Council Meeting
July 21, 1987
Page 20
The foregoing Ordinance passed on its third reading by the following
vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes and Slavik
voting, "Aye"; Strong absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 23 pertaining to a tabled
pre -zoning request.
A motion was made by Council Member Rhodes to remove from the table Case
No. 886-2T, Mark Bratton, Trustee. Staff recommends that the Council pre -zone
Tract 1 containing 42.03± acres, "A-2" Apartment House District; Tract 2
containing 28.41± acres, "A-1" Apartment House District; Tract 3 containing
17.99 ± acres, "B-1" Neighborhood Business District; Tract 4 containing 21.26±
acres, "R-TH" Townhouse Dwelling District; Tract 5 containing 154.72± acres,
"F -R" Farm -Rural District; Tract 6 containing 7.9±, "F -R" Farm -Rural District;
Tract 7 containing 6.39± acres, "R-2" Multiple Dwelling District; and Tract 8
containing 8.30± acres, "A-1" Apartment House District. The motion was seconded
by Council Member Pruet and passed unanimously; Strong absent at the time the
vote was taken.
No members of the audience spoke in opposition to this item.
A motion was made by Council Member Guerrero to place the foregoing item on
the agenda for next week as an ordinance. The motion was seconded by Council
Member Mendez and passed unanimously; Berlanga, Slavik and Pruet absent at the
time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 24 pertaining to the
recommended speed limit revisions on Bockholt Road, Saratoga Boulevard, Up River
Road and Yorktown Boulevard.
Mayor Turner inquired about the speed limit on Saratoga Road when it
reaches Staples, and City Manager McDowell explained that it is currently posted
30 MPH because of the construction, and beyond that point, it is about 40 or 45
MPH.
City Secretary Chapa polled the Council for their votes; and the following
Ordinance passed on its first reading:
24. FIRST READING
AMENDING THE CITY CODE, CHAPTER 53, TRAFFIC, SECTION 53-254, SCHEDULE V -
INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES; PROVIDING FOR SEVERANCE;
AND PROVIDING FOR PUBLICATION.
'inutes
_<egular Council Meeting
July 21, 1987
Page 21
The foregoing Ordinance passed on its first reading by the following vote:
Turner, Moss, Guerrero, Mendez, Rhodes and Strong voting, "Aye"; Berlanga,
Pruet and Slavik absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 25 and opened the public
hearing pertaining to amending Article 28A "HC" Historical Cultural Landmark
Preservation of the Zoning Ordinance and the City Code of Ordinance to Include
the Landmark Commission.
Assistant City Manager Elizondo stated that the Council has before them a
request from the Landmark Commission and Planning Commission that they be
allowed to amend the zoning ordinance to do several things, one being to delete
the creation of the Landmark Commission from the zoning ordinance and provide
for it in the City Code of Ordinances. He stated that the difficulty the Staff
has in supporting this request is due to the fact that when the Preservation
Plan was first developed, it was a voluntary participation, and the Staff does
not recommend the adoption because it includes the Preservation Plan. He stated
that the Staff does support the other modifications and amendments requested,
but does not support the inclusion of the Preservation Plan because it is a
burden that will be placed on people who previously agreed to list their
properties on the Preservation Plan with the understanding that no burden would
be placed upon them.
Council Member Strong stated that the Historical Commission and Landmark
Commission are not trying to impose a burden on anyone; they are trying to
preserve the integrity of that whole area; they see it as a positive move
forward; and she agreed with it.
Mayor Turner expressed her concern that all the structures listed on the
plan will need the Commission's approval before any kind of change could take
place, and she inquired if there is an appeal process, and Mr. Elizondo replied
they can appeal directly to the City Council.
Mr. Elizondo stated that Staff would be willing to support an HC overlay in
the area of Heritage Park, but that it would have to be very specific.
Council Member Rhodes stated that as she understood this recommendation, it
would not just include that Heritage Park Area but would be all the buildings
listed on the Preservation Plan, and Mr. Elizondo stated that is correct.
Mrs. Rhodes inquired if the Staff would be willing to support if the option
was given to the owners to resubmit to be part of the Preservation Plan and if
the people who voluntarily came in under the Preservation Plan were given the
option to withdraw and then we had the overlay in the Heritage Park Area, and
Mr. Elizondo replied in the affirmative.
Minutes
Regular Council Meeting
July 21, 1987
Page 22
Council Member Pruet stated that we need to get a plan done for that area,
and that the plan should dictate the possible usage of some of the old homes.
Council Member Mendez stated that the decision needs to be made by the
Council with the recommendations from the different Boards.
Council Member Strong stated that if we look at the guidelines that we are
setting up as to who is going to be on the Landmark Commission and the changes
that are going to be made in the Commission's makeup, and we make those
appointments and demand from them the same kind of accountability that we demand
from every under Board and Commission, then the Council would have the final
authority.
Council Member Rhodes stated that perhaps there could be a compromise
between those two points and make it more than an advisory committee, more along
the lines of the Planning Commission. She suggested that the Staff try to
incorporate the three points that were made and bring it back to the Council
before the third reading of the ordinance.
No one spoke in opposition to this item.
A motion was made by Mayor Pro Tem Moss to close the public hearing;
seconded by Council Member Mendez and passed unanimously.
City Secretary Chapa polled the Council for their votes; and the following
Ordinance was passed on its first reading:
25a. FIRST READING
AMENDING THE ZONING ORDINANCE ARTICLE 28A, "HC" HISTORICAL -CULTURAL
LANDMARK PRESERVATION, BY DELETING SECTION 28-A-5 LANDMARK COMMISSION -
CREATED.
The foregoing Ordinance passed on its first reading by the following vote:
Turner, Moss, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye";
Berlanga and Guerrero absent at the time the vote was taken.
25b. FIRST READING
AMENDING THE CODE OF ORDINANCES BY ADDING A NEW SECTION TO CHAPTER 2,
ADMINISTRATION, ARTICLE IV, MISCELLANEOUS BOARDS, COMMISSIONS, AND
COMMITTEES, TO INCLUDE THE LANDMARK COMMISSION.
The foregoing Ordinance passed on its first reading by the following vote:
Turner, Moss, Mendez, Pruet, Rhodes, Slavik and Strong voting, "Aye";
Berlanga and Guerrero absent at the time the vote was taken.
*'* * * * * * * * * * * *
Minutes
Regular Council Meeting
July 21, 1987
Page 23
City Manager McDowell recommended to the Council that out of the $1M bond
issue for library books that was approved in May, $100,000 be advanced from the
current debt service fund for the purchase of $100,000 worth of library books,
subject to the Library being asked to present information to the City Council as
to how they would catalog the books and get them into the system.
Mayor Pro Tem Moss requested a report about how soon the library would be
able to process those, and Mr. McDowell replied he would provide Mr. Moss with
that report.
Council Member Mendez requested that no money be allocated until the
procedure for cataloging is presented to the City Council.
In answer to a question from Council Member Slavik regarding the trust
fund, Mr. McDowell stated that the library fund which was raised for three
different purposes from private funds has money in that for books for the
Central Library, and that what he is discussing is that $100,000 be advanced out
of the $1M bond fund and repaid after the sale of those bonds.
Discussion followed and Mr. Moss stated that it needs to be emphasized that
the City Council and the City Manager are not trying to tell the Library Board
how the money that is in the building fund, raised privately, should be
expended.
City Manager McDowell stated that Tom Utter, Assistant City Manager, went
to Washington to talk to HUD officials relative to a UDAG project in the
downtown area. Mr. McDowell stated that the City has received favorable
response from them and there is a need to act quickly by the end of July. Mr.
McDowell proposed that the Staff and the Council hold a hearing next week, after
which an application for a UDAG grant could be filed for development of
improvements to the Heritage Park area.
Mayor Pro Tem Moss inquired about the plans for the curtain at the
Convention Center, and Assistant City Manager Hennings stated it is now being
reviewed and Mr. Moss will be provided a report.
Council Member Slavik inquired if the Legal Staff reviewed the agenda
before it is printed, and City Attorney George replied in the affirmative and
gave a brief explanation as to why the agenda was changed last week.
Council Member Mendez referred to a memo from Frank Forbes regarding the
negotiations with the police officers, and Mr. McDowell offered an explanation
and stated that the Staff is hopeful that something could be worked out with the
police officers.
In regard to the Boat Pass, Council Member Strong stated there was nothing
new to report and that negotiations are still continuing.
4inutes
Regular Council Meeting
July 21, 1987
Page 24
In regard to the Botanical Gardens, Council Member Slavik inquired when the
project for the waterline extension would be completed and noted that the bids
came in higher, and City Manager McDowell agreed and stated that there was
$100,000 set aside for this project.
In regard to Downtown Revitalization, Council Member Berlanga stated there
had been two meetings and encouraged the other Council Members to attend.
In regard to Economic Development Corporation, Council Member Mendez stated
that the EDC will go to Laredo next week and a report will be provided to the
Council.
In regard to the Port Authority, Council Member Rhodes stated there had
been a meeting with the Board of Trades and it had been a positive meeting. She
stated that they have a technical board that is willing to provide free
consulting services for the City if it falls under their category.
In regard to the Regional Transit Authority, Mayor Pro Tem Moss stated that
they met last week and reported on the success of the trolleys, and that the
future looks positive.
In regard to the Tourist and Convention Bureau, Council Member Pruet
reported that Chris Davis is in Nashville, Tennessee at the Tourist Convention
Bureau Association Convention.
Mayor Turner referred to the fact that five of the hotels in Corpus Christi
have been given a four-star rating. She noted that there would be a luncheon on
Wednesday for the Sister -City group from Keelung.
* * * * * * * * * * * * *
Mayor Turner called for petitions or information from the audience on
matters not scheduled on the agenda.
Charlie Williams, resident of Corpus Christi, spoke in opposition to the
boat tax issue.
Windfield McCullough referred to the shortfall in the budget and suggested
to the Council that rather than lay off some people, to reduce the working time
across the board for all City employees.
John Gaskins, boat owner, inquired about when Item #13 in reference to the
boat tax would be on the agenda, and City Manager McDowell provided him with an
explanation.
Donna Loomis spoke in opposition to the boat tax and suggested that the
Council pursue the collection of delinquent taxes.
Paul Earls, boat owner, spoke in opposition to the boat tax.
Minutes
Regular Council Meeting
July 21, 1987
Page 25
Jacqueline Gaskins, 319 Poenish, spoke in opposition to the boat tax and
stated that she is against unfair taxation.
Ted Schoenberg, representing the Sister City Committee, presented to the
Council an itinerary for the Keelung delegation and a list of names of the
delegation. He referred to the luncheon the next day and inquired about who
will be attending.
A motion was made by Council Member Mendez to recess the meeting at 4:35
p.m.; seconded by Council Member Guerrero and passed unanimously.
* * * * * * * * * * * * *
Mayor Turner reconvened the Council Meeting at 6:00 p.m. and opened the
public hearing on the Proposed 1987-88 budget and stated that the Council will
not make a decision on the budget that evening.
Jim Bright, representing the Corpus Christi Arts Council, requested funding
for the Arts Council at the same level as last year.
Mark Anderson, representing the Municipal Arts Commission, requested
$180,000 for visual and performing arts activities.
Dr. Samuel Ganz, 4105 Walnut Hill, spoke on behalf of the Council on Drug
and Alcohol Abuse. and requested that the Council make a small investment now.
He then introduced Jean Newberry, 430 Cape Hatteras, who spoke of drug and
alcohol problems in the schools.
Ellen Trevino, spoke on behalf of Keep America Beautiful and requested the
same amount of funding as was given last year.
Beth Davis, 3102 Royal Court, spoke on behalf of the Task Force of Latchkey
Children, and introduced Dr. Henry Santana, 4033 Capital, representative of the
Corpus Christi School District, who stated that they supported the Latchkey
Program. Ms. Davis noted that they were not requesting any more money than last
year.
Gary Bushell, spoke on behalf of the Corpus Christi Economic Development
Corporation, and urged the Council that they receive the funding at the time the
contract was signed.
Mel Klein, spoke on behalf of the Art Museum of South Texas, and requested
an increase from $175,000 to $203,000 for maintenance and security requirements
of the building. He stated that the request is that the Council make an
addition to this year's budget.
Dorothy McCoy, 612 Chamberlain, spoke on behalf of Friends of the Library.
She made reference to the lack of books in the library and gave examples of the
shortage of current books.
Minutes
Regular Council Meeting
July 21, 1987
Page 26
Tony Canalas, 14 Hewit, spoke on behalf of the Corpus Christi Library
Board and stated that the Board did not agree with the budget and requested more
funding. He stated that they are requesting $194,000 more this year.
Charles Blum, spoke on behalf of the Corpus Christi Park and Recreation
Board, and requested a reduction from $259,000 to $226,000. He suggested that
all of the fees paid at the golf course be used for maintenance and improvements
rather than allocating a percentage to the General Fund.
Speaking on behalf of the City—County Health Department was Mr. Leo R.
Berrera, Jr., 2482 Baylor Street, who presented handouts to the Council. He
informed the Council that federal and state funds had already been decreased for
the Health Department and now the City proposes an additional cut for this vital
department. He stated that many areas of service will be discontinued if the
budget is not increased by the City. He also suggested that it would be
impossible to employ a good City physician and a good City nurse with the funds
available and suggested that $20,000 be added to the base salary for the City
physician and that $15,000 be added for the head nurse. Mr. Berrera pointed out
that this department's budget is being cut by $65,000 and many health needs will
not be met. He stated that their request is that $62,800 be added to the Health
Department Budget.
Mrs. Nancy Kosling, 828 Gertrude, representing the Corpus Christi Taxpayers
Association, questioned the need to even consider selling additional bonds when
the City allegedly has over $56 million in banks right now that should be spent
on capital improvements. Mrs. Kosling also suggested that the Corpus Christi
Area Convention and Tourist Bureau should advertise the fact that this City has
a $50,000 tax exemption on homes of the handicapped and elderly, expressing the
opinion that this would attract more elderly to this City who would in turn
spend money and increase the tax base.
Mrs. Kosling then referred to the possibility that the City Council plans
to rescind the discount for early payment of taxes. She stated that this is a
state law and if the City Council does this, the City could be subject to a law—
suit, or at least the City Council Members would be subject to a recall. She
also stated that apparently most City employees are willing to forego their
usual cost of living increase, but in her opinion there is money for the
increases in the City funds. Mrs. Kosling then referred to the ethical conduct
of the City Council and referred to the planned trip to Yokuska, Japan which she
felt should not be paid by City funds. She requested that the Mayor appoint an
Ethics Committee from the community at large to prevent the use of funds in this
manner.
Mr. Wally Whitworth, 3202 Harpers Ferry, representing the Nueces County
MHMR Center, stated that he would like to request $65,000 in funding for MHMR
which represents an increase of $5,000. He explained that demands for their
services has increased and if the $65,000 is not allocated, they would have to
delete three positions from the budget.
Minutes
Regular Council Meeting
July 21, 1987
Page 27
Mrs. Alma Meinrath, 101 Upper N. Broadway, spoke on behalf of the Sister
City Committee and urged that their budget be increased over that of the
preceding year. She mentioned all of the expenses including gifts for
representatives of the Sister Cities and the cost of entertainment when visitors
from our Sister Cities are in Corpus Christi.
Ms. Peggy Ahuja, 426 So. Staples Street, representing the Museum of
Oriental Cultures, explained the importance of their group. She pointed out
that that museum is a good tourist attraction and although she is not asking
for more money than the City can afford to fund them, she would like to request
that if additional funds become available, that their group be provided with
those additional funds.
Mr. Ernest Carter, representing HIALCO, inquired about the funding
appropriated earlier for $38,500 and stated that he hoped that that was still in
the budget for HIALCO. Mr. McDowell explained that $37,500 is the amount in the
budget.
* * * * * * * * * * * * * *
Mayor Turner then called for those individuals who wish to speak in regard
to the 1987-88 budget and stated that they would be limited to two -minute
presentations following a five-minute recess.
Mr. Guy Watts, 5941 Crooked Creek Road, requested additional books for the
library noting that the City has a $5 million library which is useless because
of the lack of research books and stated that he finds it quite a handicap to be
in a City that has no public facilities for research books.
Mrs. Irma Rodriguez, 5849 Academy, stated that she is a classroom teacher
and stressed the need for additional books in the library. She stated that she
also works with the LULAC Educational Service Center and they also feel the
inadequacy of the public libraries.
Ms. Shari Ward, instructor at Del Mar College, stated that her job is to
educate the needy who truly value books. She urged that more books be included
in the budget.
Mr. Cheyenne Eichelberger expressed concern about the public library which
he felt is the foundation of the education and future economic growth of the
City. He pointed out that children need books in the library and suggested
increasing platting fees in order to generate funds for library books.
Mrs. Alicia Gallegos -Gomez, 197 Harrison Street, stated that she is a
member of a state library board and explained that as a member of that board,
the things that they look at in granting funds is local support. She expressed
the opinion that the City Staff does not feel that libraries have a high
priority. She stated that she had examined the actual budget and had discovered
that the City Manager had overspent his budget by $100,000 and also overspent
Minutes
Regular Council Meeting
July 21, 1987
Page 28
the travel budget by $13,000. She questioned the importance of those
expenditures and suggested that the City Council take a closer look at the
expenditures.
Mr. Joel Barrera, 4141 Barrera, stated that he had been awarded a
scholarship to attend Oxford University and stated that he was assigned a list
of books to read prior to beginning his studies there and could find none of the
books in the public library. He emphasized the fact that there is a critical
shortage of books in the library, particularly research books, and everyone all
over the City is concerned about the lack of books. He stated that he would
like to make the following recommendations: 1. that the $100,000 that was
frozen be released for the purchase of books; 2. that next year's book budget
not be cut by 12 percent but be established at $291,000; 3. he referred to the
$1 million in bonds for the purchase of library books and expressed the opinion
that that money was intended for that purpose only and not to substitute for
funds in the current year's budget; 4. that the library trust fund should not be
used by the City Manager to support the City budget because the Library Board
has control over those funds.
Mr. Dicky Valdez, 4353 Molina, stated that he is a school board member of
West Oso Independent School District and also a member of an organization called
WALMO. He stated that there is a great need for books to combat illiteracy. He
then presented drawings that were made by children of the WALMO program which
indicated their opinion of their needs for a good library.
Mr. Miles A. Compton III, 1801 Third Street, representing Jazz in the
Parks, referred to the acceptance of the Jazz Festival that occurred two weeks
ago in this City. He stated that they plan to conduct a series of jazz
festivals in four City parks; the concerts will be recorded and produced by
radio station KKED and then transmitted all over the United States. He urged
that funds be appropriated for this purpose because it would advertise the City
of Corpus Christi all over the state and the United States.
Mrs. Lillias Hammerick, 15 Rockcreek, member of the Library Board, pointed
out that the library is a tourist attraction and requested that additional Staff
be funded in next year's budget. She stated that there is an additional
position needed in the children's section and an additional position in the
technical services division. Also there is a need for nine temporary employees.
Mr. Philip Rosenstein, 949 Bobalo, speaking in regarding to the Sister City
trip to Yokuska, Japan, stated that he is in favor of the Mayor and one citizen
going on the trip, but he is opposed to several Council Members going at City
expense. He questioned Council Member Slavik's statement that it is a business
trip, yet it has been stated that some of the expenses of the trip will be taken
from the Sister City fund which is supposedly a non-profit organization and the
funds are to be spent for purposes other than for the furtherance of the Sister
City Program.
4inutes
Regular Council Meeting
July 21, 1987
Page 29
Mr. J. E. O'Brien, 4130 Pompano, stated that the Staff is providing
misinformation to the City Council in connection with the budget. He reminded
the Council that the preceding week they had voted to fund the Tourist Bureau an
additional $600,000; the hotel/motel tax was increased seven percent for more
money for the Tourist Bureau; the Tourist Bureau owes the City $16,000; and he
objected to the sale of more bonds which will increase taxes when there are
still funds from previous bond issues. He pointed out that according to new
laws, bonds must be spent within three years. He also stated that the Council
had been informed that there will only be $1 million in the reserve fund after
adoption of next year's budget, but the current budget shows a balance of $4.3
million in the reserves. He questioned some of the figures provided the
Council.
Mayor Turner agreed that there has been a lot of misinformation and
expressed appreciation to Mr. O'Brien for bringing this to the attention of the
Council. She explained that she has appointed a Task Force consisting of three
members of the Council and three citizens at large to study the bond issue and
they will provide a report on August 11th. She suggested that Mr. O'Brien
attend at that time.
Council Member Mendez, who is Chairman of that Committee, explained that
they are studying the issue of funds left from previous bond sales and that will
be a part of their report.
Mr. Renato De Los Santos, 5757 South Staples Street, representing the LULAC
National Education Service Center, stated that they assist children in
education, and books are badly needed in the library to serve this need. He
urged that any extra money be used for library books.
Mrs. Elizabeth Walker, 13969 Das Marinas, member of the Padre Island
Property Owners Association, requested that the City Council include in the
Wastewater Department Budget the $50,000 that is needed for the bulkheads around
the Wastewater Plant on the island. She stated that this has been deleted from
this year's budget. Mayor Turner asked the City Manager to provide a report in
regard to the bulkheads mentioned by Mrs. Walker.
Mr. De Los Santos spoke again and informed the Council that the LULAC Youth
Club has agreed to donate $500 for the purchase of books and suggested that
other groups consider doing so as well.
Mr. Michael Creel, 3017 Twincreek, stated that several years ago citizens
worked very hard to have this City selected for Homeport but pointed out that
the benefits will not be realized for several years; state government is out of
control; and in his opinion the local government needs to control spending and
spend it wisely. He urged that the City adopt a pay-as-you-go plan; urged that
the library look to the private sector for funds; suggested that the Sister City
trip to Yokuska, Japan be reduced in numbers; and reiterated that tax dollars
should be spent wisely.
Minutes
Regular Council Meeting
July 21, 1987
Page 30
Mr. C. B. Floyd, 1379 Normandy, objected to so much money being spent for
tourists, objected to the canopies on the T -head, and admitted that times are
hard both in the City government and the private sector, and stated that there
need to be changes in the top staff of the City who will serve as businessmen.
Mr. R. F. Hasker, 1813 Wallace, objected to the trip to Japan and the
increase in funding for the Tourist Bureau. He expressed the opinion that this
City needs industry from the United States rather than Japan and Taiwan and
urged that any money available be spent on sewers, streets and not on the
promotion of tourism.
Mr. Tom Hunt, Sr., 75 Townhouse Lane, referred to the discount for early
payment of taxes. He provided history in connection with that stating that in
1955 the City Council passed an ordinance eliminating the discount for early
payment of taxes; in 1980 the Taxpayers Association discovered this and brought
it to the City's attention; the state Attorney General confirmed that according
to state law the discount was required; and also referred to an agreement signed
by Mayor Jones and himself to grant the discount to citizens for early payment
of taxes.
Council Member Mendez inquired if the Attorney General's opinion applied to
school districts and county as well, and Mr. Hunt replied that the Attorney
General's opinion was sought just for the City.
Mr. O'Brien interjected that the county is also required by law to grant
the discount for early payment of taxes and has done so for many years. He
explained that the law was changed recently so that the school district did not
have to continue to give the discount.
Mr. Al Kucera, 4936 Hakel, stated that he had attended the Council Meeting
during the morning and had heard the City Manager state that the $650,000 which
was approved for additional funds for the Tourist Bureau could be funded by
several options. He stated that if the City Manager has found money to fund
that amount, he hoped that he would be able to also fund money for additional
police officers. He noted that there are a large number of burglaries that
occur all over the City and an increase in the police force would help curtail
this.
Mr. Curtis Rich, 5314 Crossridge, objected to the adult softball program in
the City that is being subsidized with tax dollars. He expressed the opinion
that the $60.00 per team that is being funded for about 500 teams should be
self-supporting and not funded through the Park and Recreation Department.
Mr. Jesse Riojas, 3301 Orlando, representing the National Association of
Letter Carriers, addressed problems mail carriers have with dogs. He asked that
the Animal Control Budget not be reduced so that they can effectively control
unrestrained dogs.
inutes
8egular Council Meeting
July 21, 1987
Page 31
Mr. Gabe Lozano, Jr., 2626 Cleo Street, stated that he is interested in the
library and urged support from the City Council in providing books needed. He
stated that he is also in favor of additional funding for the golf courses. He
pointed out that a large amount of funds are being spent on sophisticated City
staff and urged the Council to give them direction and set priorities that they
feel are necessary.
There were no further comments from the audience.
A motion was made by Council Member Mendez that the hearing be recessed
until July 28, 1987, at which time the budget will be adopted. The motion was
seconded by Council Member Strong and passed unanimously.
There being no further business to come before the Council, on motion by
Council Member Strong, seconded by Council Member Pruet and passed unanimously,
the meeting was adjourned at 8:30 p.m. July 21, 1987.
* * * * * * * * * * * * *
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 July 21,
1987, which were approved by the City Council on July 28, 1987.
WITNESSETH MY HAND AND SEAL, this the //31-
day of
CL
Armando Chapa, City Secretary
City of Corpus Christi
$ate
etty Tukner, MAYOR
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