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HomeMy WebLinkAboutMinutes City Council - 11/10/1987PRESENT Mayor Betty Turner Mayor Pro Tem Mary Rhodes Council Members: David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Pat Slavik Linda Strong * MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 10, 1987 2:00 p.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 Reverend Evan Henderson, a Missionary with the Assembly of God Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Slavik. A motion was made by Council Member Slavik that the Minutes of the Regular Council Meeting of November 3, 1987 be approved as presented; seconded by Council Member Moss and passed by those present; Guerrero and Strong absent at the time the vote was taken. * Council Member Strong arrived at the meeting at 2:05 p.m. * * * * * * * * * * * * * Mayor Turner acknowledged Mr. Rick Stryker, Director of the Corpus Christi Museum, who introduced Mr. Charles Thomasson, incoming Chairman of the Museum Advisory Board for the next year, and Mr. Tom Henderson, past Chairman of the Museum Advisory Board. Mr. Henderson recognized other members of the Museum Advisory Board and introduced Mr. John Dykema, of Bright and Dykema Architects, Inc. who gave a presentation on the Museum Expansion Design. Mr. Dykema presented a model and plans of the proposed facility and stated that they will be ready for construction bids shortly after the first of the year; construction should begin in June; and it will take about nine months to complete the expansion. * * * * * * * * * * * * * MICROFILMED mutes Regular Council Meeting November 10, 1987 Page 2 Judge Rudy Tamez presented a Status Report on the Municipal Court Work Release Program. Judge Tamez stated that approximately 60 defendants have been placed on the Work Release Program from August 25, 1987 to October 14, 1987, and there are five worksites that they are presently using - 1. Oso Water Reclamation Plant; 2. Marina Department; 3. Police Department Car Pound; 4. Animal Control; and 5. Municipal Court. He stated that the City Jail does use prisoners as trustees to clean the City Jail. Judge Tamez recommended the following revisions to the City Code of Ordinances which would help the Court to fully utilize the Work Release Program: 1. Adding the phrase "or plea of guilty or no contest" after the phrase "When a person is adjudged guilty and sentenced to pay a fine upon trial" found in Section 29-28 Subsections I and II; 2. Expanding the types of work a defendant may perform to include performance of general office work; 3. Changing the per day credit from $45.00 per day to a minimum of $45.00 per day; 4. Changing the provisions that allow a defendant who is required to be confined or confined and work to request the termination of such confinement or confinement and work from the officer having custody to requesting such termination from a judge. Mayor Turner recommended a 5th revision which would be to include placement in non profit agencies. A motion was made by Council Member Slavik to place the aforementioned revisions on the agenda for next week; seconded by Mayor Pro Tem Rhodes and passed unanimously. * * * * * * * * * * * * * Mayor Turner administered the Oaths of Office to the following appointees: Derwood Anderson - Mechanical Advisory Board; Ramiro Gamboa - Board of Adjustment; Dennis Trevino - Park & Recreation Board; and James Tait - Senior Community Services Committee. * * * * * * * * * * * * * Mayor Turner announced the bid opening on the I.H. 37 Utility Relocations, Phase B. project. Mr. James K. Lontos, Assistant City Manager, opened bids on the project from the following firms: B. R. H. - Garver, Inc.; Cat Contracting, Inc.; Garney Companies, Inc.; George M. Construction; Isles Engineering & Construction, Inc./King Co.; Jalco, Inc.; J & B Contractors dba South Texas Utility Contractors, Inc.; W. T. Young Construction Co., Inc.; and F. & E. Erection Co. Mr. Lontos verified that all companies submitting bids had submitted the required security bond and acknowledged receipt of the addendum, with the exception of George M. Construction who did not acknowledge receipt of the addendum. Mayor Turner expressed appreciation to the bidders for submitting bids on the above project. nutes Regular Council Meeting November 10, 1987 Page 3 Mayor Turner called for consideration of Consent Motions 1 thru 3. 1. M87-0367 Approving the allocation of arts support funds in the amount of $136,533 to 23 art organizations and authorizing the transfer of $20,000 from the General Fund budget Arts Commission activity to the Permanent Art Trust Fund as recommended by the Municipal Arts Commission; and approving a contract in the amount of $28,000 with the Corpus Christi Arts Council. 2. M87-0368 Authorizing the City Manager or his designee to submit a grant application for the Corpus Christi Public Library to the U.S. Department of Education (Library Services and Construction Act Title VI: Library Literacy Program) in the amount of $25,000 and to execute all related documents. The funds will be used to provide a part-time volunteer tutor coordinator for the Corpus Christi Literacy Council. 3. M87-0369 Approving a supply agreement for commercial and automotive batteries to Power Mate Manufacturing Company based on the low bid of $22,357.73. The term of this agreement will be twelve months with option to extend for an additional twelve months, subject to the approval of the supplier and the City Manager or his designee. The batteries will be used by the Maintenance Services Department and the Fire Department. Ms. Jane Kratzig, Chairman of the Literacy Council, gave a brief update on the Literacy Council and its programs since it was appointed by the Council in 1986. She introduced Ms. Dodie Hummel, Executive Director of the Literacy Council, who presented information to the Council and stated that there is an average of about four students a day who call in and ask for help. Council Member Guerrero expressed concern about the general maintenace of the library, both inside and outside. A motion was made by Council Member Strong to approve Motions 1 thru 3; seconded by Council Member Slavik and passed unanimously by those present and voting; Pruet absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings. In reference to Item No. 4 concerning approval of a Contract with M. E. Allison & Co., Inc. for Financial Advisory Services, Mayor Pro Tem Rhodes inquired if there is anyone on Staff who has expertise to handle this, and City Manager McDowell stated that this is the financial advisor the City needs as nutes Regular Council Meeting November 10, 1987 Page 4 Staff prepares to talk to the rating agencies; it is someone the City does not have on Staff; M. E. Allison has done this work for the City for a number of years; and they have the expertise and are familiar with the bond markets and the rating agencies. Council Member Slavik inquired about the amount of the second installment bond sale, and Mr. McDowell replied it is about $8.2 million authorized by the Council plus some additional funds to equal about $11 million. Mrs. Slavik inquired about the bottom line figure for M. E. Allison, and Mr. McDowell replied that the fee for this particular bond sale would be approximately $22,000. Council Member Mendez inquired if the Staff has ever considered acquiring financial expertise from other groups, and Mr. McDowell replied the City has more than one financial advisor; we have found them to be very satisfactory; we have confidence in them; and we need some consistency in our financial advice. In reference to a question from Council Member Moss on Item No. 5 concerning the Agreement for the Art Work for the Atrium Floor of City Hall, Mr. McDowell stated that this will not affect the closing date of the construction of City Hall. In reference to Item No. 6 concerning the agreement with the State Department of Highways & Public Transportation relative to the City's participation in the reconstruction of Padre Island Drive, Oso Bay to Laguna Madre, Council Member Slavik inquired if the $600,000 is the only payment that the City is expected to make on this project, and Mr. McDowell replied that figure is the City's portion of the participation. Council Member Moss inquired if there will be any assessments on property owners, and Mr. McDowell replied in the affirmative. In reference to Item No. 7 concerning the Improvements, Ms. Cherie Halliday, 14224 Playa del lived in the City for six years and has no sewers, no street lights, no sidewalks, no gas, and no gutters. her taxes; she thinks that is called taxation without 1986 Minor Storm Sewer Rey, stated that she has City streets, no cable, no She stated that she pays compensation; and that she deserves a refund. She stated that the Council gives more time and money to exciting things. City Manager McDowell stated that in reference to the sewers, the City is waiting to acquire a piece of property for a lift station before they can commence with the sewer project, and that Athena Cablevision is beginning the cable on the Island. Mayor Turner requested the Staff to provide Ms. Halliday with something in writing pertaining to the other issues she mentioned. In reference to Item No. 8 concerning the Sanitary Sewer Rehabilitation, Phase I (Saxet Heights Area) project, Council Member Moss inquired if there will nutes Regular Council Meeting November 10, 1987 Page 5 be assessments to reimburse the City for these connections, and Victor Medina, Director of Engineering, replied there will no assessments to the sewers, and Mr. McDowell stated it will come out of the bonds; and they will pay the monthly fee once they are connected. In reference to Item No. 12 pertaining to the City's investment policy, Council Member Moss referred to the fact that City employees are charged a fee to cash their checks at the depository bank if they do not have an account there. After discussion on the above item which was not related to the item on the agenda, Assistant City Manager Garza gave a brief explanation of the service contract with the bank. He explained in detail that by not including the check cashing service in the depository agreement, the City will save approximately $20,000. It was the consensus of the Council that the Mayor write a letter to the bank president encouraging them to change their policy. Concerning the City's investment policy, Council Member Berlanga inquired under what policy the City invested before, and Mr. McDowell replied this is the same policy with some new regulations which need to be officially adopted. Council Member Slavik inquired about the average interest rate that the City received this year, and Debra Andrews, Finance Director, replied that the interest rates have been fluctuating, and for the month of October the low rate the City received was 6.22 percent and the high rate was 8.23 percent. In answer to a question from Mrs. Slavik, Ms. Andrews stated that the cash management program has been maintained very well; the City is now keeping all their balances invested; and she thought the program is very well run. Assistant City Manager Garza gave a brief explanation on how the City's investment program is designed. In reference to Item No. 13 concerning the Airport Advertising Concession, Council Member Guerrero inquired about the income the City receives from this agreement and if Staff has considered other companies. City Manager McDowell stated he will provide the figure for Mr. Guerrero and that he did not know if Staff looked at other operations. Mr. Guerrero made a motion to withdraw this item for one week to have an opportunity to see what the income is and whether the City can renegotiate the contract. Mr. McDowell stated this agreement is a renewal option based on the existing contract, and in answer to Mr. Guerrero's question, he explained the mutes Regular Council Meeting November 10, 1987 Page 6 contract and stated that the City will receive fifty percent of the gross receipts arising from this agreement, and Mr. Guerrero withdrew his motion. In answer to a question from Council Member Slavik, Mr. McDowell stated that this is an existing contract and does not have to go before the Airport Advisory Board. Mr. Philip Rosenstein, 949 Bobalo, stated that if an individual cashes a check at his bank, he would not be charged and that all that is required is for him to show identification. He stated that several banks in Corpus Christi have that policy. In reference to Item No. 15 concerning amending Zoning Ordinance No. 887-3 - Mr. Ben L. Herndon: "B-1" to "B-4", Mr. James McElroy, Owner of AA Auto Air Conditioning, stated that he leases his shop from Mr. Ben L. Herndon. He presented material to the Council and requested the Council to grant them the Special Permit. He stated that they are not asking for a full service shop, just a small repair to go along with the auto air conditioning. In answer to a question from Mayor Pro Tem Rhodes, Planning Director Larry Wenger stated that, in his opinion, if the auto repair was in relation to fixing the air conditioning of the car, he would have no objections to the Special Permit. Mr. McElroy explained that it will be a small repair shop to make the air conditioning work properly. Council Member Strong stated that they need to have enough car repair ability in their shop so that they can do the kind of air conditioning work they need, and that the conjunction of those two is not an unreasonable request. She noted that they want to do what it takes to make their air conditioning business a success. Discussion followed, and Ms. Barbara Cline, 921 Dorthy, a property -owner in the area, spoke in opposition to the proposed amended zoning. She stated that neighbors are opposed to the original application of the "B-4" zoning; she does not know what kind of work they will be doing there next week; and she does not want Airline to be a junky looking street. She noted that she opposes the garage, but not the air conditioning repair. Mr. Ben Herndon, Jr., son of the applicant, gave a brief explanation of all the uses that have operated from that property since his father purchased it. Mr. Herndon noted that Mrs. Cline is strongly opposed to "B-4" zoning but at the Planning Commission Meeting she was not opposed to the air conditioning repair. He stated that he has no problem with the screening fence and that it will eliminate some of the noise level. He noted that Mr. McElroy wants to work with everyone on this, including Mrs. Cline. nutes Regular Council Meeting November 10, 1987 Page 7 Mr. Benjamin Epperson, 841 Drexel, spoke in opposition to the amendment and stated that he is not opposed to the air conditioning repair but he is opposed to the garage because they will then be able to put a lift out front and will detract from the beauty of Airline. In answer to a question from Mayor Pro Tem Rhodes, Mr. Epperson stated he would not be opposed to an auto repair connected with the air conditioning that would prohibit the lift. A motion was made by Mayor Pro Tem Rhodes to amend No. 15 and grant them a Special Permit for an auto repair service connected with an air conditioning repair shop with a screening fence. The motion was seconded by Council Member Strong. Council Member Pruet added an amendment to the above motion to change the hours of the shop from 8 to 6, rather than 8 to 8. His motion was seconded by Council Member Guerrero. The motion and the amendment to the motion were passed unanimously. City Secretary Chapa polled the Council for their votes and the following were passed: 4. RESOLUTION 20057 AUTHORIZING THE EXECUTION OF A CONTRACT WITH M. E. ALLISON & CO., INC. FOR FINANCIAL ADVISORY SERVICES IN CONNECTION WITH THE FINANCIAL PLANNING FOR THE REMAINING INSTALLMENTS OF THE $106,365,000 CAPITAL IMPROVEMENT PROGRAM. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." 5. RESOLUTION 20058 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BILL WILHELMI AND GREG REUTER FOR THE COMMISSIONING OF A PERMANENT WORK OF ART FOR THE ATRIUM FLOOR OF THE NEW CITY HALL; AND APPROPRIATING $15,000. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." 6. RESOLUTION 20059 AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE CITY'S PARTICIPATION IN THE RECONSTRUCTION OF PADRE ISLAND DRIVE FROM THE OSO BAY TO THE LAGUNA MADRE; AND APPROPRIATING $607,475.61. nutes Kegular Council Meeting November 10, 1987 Page 8 The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." 7. RESOLUTION 20060 APPROPRIATING $12,848.41 FROM THE 511 STORM SEWER BOND FUND FOR FINAL PAYMENT TO THE CONTRACTORS, BACKHOE LEASE SERVICE, INC. AND FOR ADDITIONAL ENGINEERING CHARGES INCURRED DURING THE CONSTRUCTION PHASE, APPLICABLE TO PROJECT NO. 511-86-1.1, 1986 MINOR STORM SEWER IMPROVEMENTS. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." 8. RESOLUTION 20061 APPROPRIATING $27,280 FROM THE 501 SANITARY SEWER BOND FUND FOR CHANGE ORDER NO. 2 FOR ADDITIONAL SANITARY SEWER SERVICES TO RESIDENTS NOT PREVIOUSLY SCHEDULED FOR NEW SERVICES IN THE SAXET HEIGHTS AREA OF THE CITY. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." 9. RESOLUTION 20062 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCEL 1 FOR THE PARK ROAD 22 UTILITY ADJUSTMENTS PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNERS, MR. AND MRS. ROBERT W. McMAHON. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." 10. RESOLUTION 20063 APPROPRIATING $5,403 FROM THE 532 PUBLIC HEALTH AND SAFETY BOND FUND FOR ACQUISITION OF PARCEL 13 BY CONDEMNATION FOR THE POLICE STATION EXPANSION PROJECT. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." 11. RESOLUTION 20064 APPROPRIATING $1,750 from the 250 SANITARY SEWER BOND FUND FOR ACQUISITION OF PARCEL 1 IN CONNECTION WITH THE I.H. 37 UTILITY ADJUSTMENTS PROJECT. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." mutes Regular Council Meeting November 10, 1987 Page 9 12. RESOLUTION 20065 ADOPTING WRITTEN POLICIES FOR THE INVESTMENT OF PUBLIC FUNDS; ESTABLISHING STANDARDS AND OBJECTIVES; AND PROVIDING EXPRESSED AUTHORITY FOR INVESTMENT MANAGEMENT. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." 13. RESOLUTION 20066 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ACKERLY AIRPORT ADVERTISING, INC. FOR THE RENEWAL OPTION PERIOD TO PROVIDE ADVERTISING SERVICES AT CORPUS CHRISTI INTERNATIONAL AIRPORT. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." 14. ORDINANCE 20067 CLOSING AND ABANDONING THE 10 FOOT WIDE UTILITY AND DRAINAGE EASEMENT IN LOT 2, BLOCK 1, FORUM MALL SUBDIVISION, 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, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." 15. ORDINANCE 20068 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF BEN L. HERNDON BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN AUTO REPAIR AND AUTO AIR CONDITIONING SHOP ON LOT 24 AND A PORTION OF LOT 25, BLOCK 6, KOOLSIDE ADDITION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." Mayor Turner called for consideration of Items 16 thru 18. In reference to Item No. 17 concerning the Creation of an Industrial District, Mayor Turner stated that she thinks it is premature; it is counterproductive; and will discourage any new activity in that particular area. Council Member Slavik inquired if anyone from the energy industry was consulted about this, and City Manager McDowell replied that the state statute was negotiated by the industry and the cities and passed by the legislature. He stated it was an agreement reached by all parties; the City needs revenue; it nutes Regular Council Meeting November 10, 1987 Page 10 would not work a hardship on the industry per se; and he does not think it will discourage new activity in the area. There were no comments from the audience on the above items. City Secretary Chapa polled the Council for their votes and the following were passed: 16. FIRST READING AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES BY DELETING THE WHOLE OF SAID CHAPTER 19 AS NOW WRITTEN AND REWRITING CHAPTER 19, FOOD AND FOOD ESTABLISHMENTS, TO COMPORT WITH TEXAS DEPARTMENT OF HEALTH RULES FOR FOOD SERVICE SANITATION AND RETAIL FOOD STORE SANITATION; AND ADDING PROVISIONS TO CLOSE A FOOD ESTABLISHMENT UPON A THIRD REGULAR INSPECTION WHICH RESULTS IN A SCORE OF 69 OR BELOW; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. 17. FIRST READING CREATING AN INDUSTRIAL DISTRICT IN THE GULF OF MEXICO PURSUANT TO SECTION 11.0131 OF THE TEXAS NATURAL RESOURCES CODE AND ORDINANCE NO. 15898, AS AMENDED, WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Turner voting, "No"; Guerrero absent at the time the vote was taken. 18. SECOND READING AMENDING THE ZONING ORDINANCE BY ADDING A NEW ARTICLE 27B, LANDSCAPE REQUIREMENTS; BY AMENDING ARTICLE 13, "B -2A" BARRIER ISLAND BUSINESS DISTRICT REGULATIONS, SECTION 13-2(4); BY AMENDING ARTICLE 13, "B -2A" BARRIER ISLAND BUSINESS DISTRICT REGULATIONS, SECTION 13-5, BY DELETING SUBSECTIONS 13.5.02 AND 13.5.03; BY AMENDING ARTICLE 14, "B-2" BAYFRONT BUSINESS DISTRICT REGULATIONS BY AMENDING SECTION 14-2(4); PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on second reading by the following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * mutes Regular Council Meeting November 10, 1987 Page 11 Mayor Turner opened the Assessment hearing for Sidewalk Improvements on Everhart Road, Wooldridge Road, and Patton Street which indicates assessments of $24,790.99 on 29 items. City Attorney George conducted the formal portion of the hearing. He called as his first witness, Mr. Victor Medina, Engineering Director. Through questioning of the witness, Mr. George determined that Mr. Medina is a Registered Engineer in the State of Texas; he is a City Engineer for the City of Corpus Christi; he has a degree in Civil Engineering; and he is familiar with the project. Mr. Medina explained the project to the Council and stated that the low bid was submitted by A. Ortiz Construction & Paving Company, and that it would take 25 working days to complete the project. City Attorney George called as his next witness, Mr. George Paraskevas. Through questioning of the witness, Mr. George determined that Mr. Paraskevas is a certified appraiser, licensed in the State of Texas; he is a certified real estate broker; he has been practicing real estate and appraising property for about 15 years, both residential and commercial; he is familiar with the project; he has examined each parcel; he has examined the assessment roll and is familiar with the amounts. He stated that, in his opinion, the improvements would enhance the value of the properties involved at least in the amount of the assessments. There were no comments from the audience. A motion was made by Council Member Mendez to close the public hearing; seconded by Mayor Pro Tem Rhodes and passed unanimously. Mr. George stated that the Ordinance will be forthcoming next week. Mayor Turner recessed the Council Meeting at 4:15 p.m. to conduct the JTPA Executive Committee Meeting. * * * * * * * * * * * * * Following the meeting of the JTPA Executive Committee Meeting, Mayor Turner reconvened the Regular Council Meeting and called for Council Liaison and other reports. Boat Pass - Council Member Strong informed the Council that a hearing is scheduled before the School Land Board on Tuesday, November 17 in connection with the Boat Pass. She stated that she will have a report for the Council following the hearing. nutes Regular Council Meeting November 10, 1987 Page 12 Botanical Gardens - Council Member Slavik issued an invitation for the Council to attend a mixer and show at the Botanical Gardens at 4:00 p.m. on Thursday, November 12. Downtown Revitalization - Council Member Berlanga reminded the Council that the Farmers Market will officially open in the downtown area on Wednesday at 11:30 a.m. at its temporary location at the Sheraton Marina Inn parking lot. He stated that eventually it will be conducted at another location and will continue to operate two days a week. Mayor Turner informed the Council that a very good meeting had been conducted with the Chairman of the City's Boards and Commissions the preceding Tuesday evening. Council Member Strong referred to the notice from City Manager McDowell in regard to the suggested date of November 17 for the dedication of the Flour Bluff Fishing Pier. She stated that she had been very interested in this project; she will be out of the City on that date; and if the Council concurs, she would like to have the dedication the following week. City Manager McDowell noted that the dedication of could be conducted on the same date and noted that satisfactory for both dedications. The Council did not to this date. renaming of Bock Park November 24 would be express any opposition Mayor Pro Tem Rhodes informed the Council that she had discussed with Personnel at Channel 3 Television the Balustrade that is located on the hill and stated that they are willing to coordinate publicity and painting activities by various citizens similar to Operation Paintbrush. City Manager McDowell stated that this project is in the current Bond Program. Mayor Pro Tem Rhodes reiterated that Channel 3 is willing to advertise the project. Mayor Pro Tem Rhodes then referred to the letter from Texas Municipal of Texas, Sierra et al and asked and Mr. McDowell financial burden with that issue, Council direction League in regard to TML's intervention in Sportsmen's Clubs Club and Environmental Defense Fund versus Dick Whittington, about TML's position in their intervention in this lawsuit, explained that TML is on the side against EPA because of the that will be placed on cities. He stated that in connection they requested what will amount to about $9,000 and he needed on that issue. week. Mayor Turner stated that this should be on the agenda for discussion next Mayor Pro Tem Rhodes inquired if the City could do anything about delinquent taxes, and Mr. McDowell explained how delinquent taxpayers are pursued. He noted that most of those companies who owe large amounts are in nutes ,regular Council Meeting November 10, 1987 Page 13 bankruptcy at this time. He explained the procedures followed in contacting the legal firm which makes every effort to collect the delinquent taxes. Council Member Berlanga referred to a Resolution that was on the agenda the preceding week authorizing the purchase of Parcel 16 for the Aquarium site. He stated that he voted on the affirmative side, and after obtaining more information he has many questions and he would like to have this item reconsidered. Council Member Berlanga then made a motion to reconsider Item No. 5 from the agenda of November 3, 1987. The motion for reconsideration was seconded by Council Member Slavik. City Manager McDowell explained that the motion can be adopted today, but since it is not on the agenda, no action can be taken because it was not posted, but the subject may be discussed. City Attorney George suggested that in view of the fact that the City is in the process of purchasing property in that area that careful consideration be given to the discussion of the item, noting that discussion in open session might hamper the Staff's efforts to purchase the land. Council Member Guerrero questioned the purchase of the property, noting that it was his understanding that the City purchased property that they already owned, which was the property acquired by the propertyowner at the time Canal Street was closed with conditions, and he also stated that obviously the City purchased the property without authorization from the City Council. Mr. Cuerrero expressed concern that the Council would not have known anything about this if they had not been alerted by citizens in the community. City Attorney George assured the Council that he was satisfied that the purchase of the property was proper for the Council to act on and he was convinced that proper procedures were followed. Mr. Guerrero pointed out that when the Council initially approved land to be purchased for the Aquarium site, this Parcel 16 was not shown on the map attached to the Ordinance and he wanted to know why that parcel was added to the list to be acquired. City Manager McDowell stated that Parcel 16 was included in the agreement with the Aquarium Association and explained that it was later added to the contract with the Aquarium Association at their request. Council Member Guerrero inquired as to who made the decision to include that piece of property without Council authorization, and Mr. McDowell stated that he did not know, but he believed it was added by the Staff at the request of the Aquarium Association. He stated that the Staff received a letter from Mr. Arthur Zeitler asking that Parcel 16 be included in the land purchases. Council Member Guerrero again asked how this parcel was added to the list of parcels to be acquired. nutes Negular Council Meeting November 10, 1987 Page 14 Council Member Slavik indicated her concurrence with Mr. Guerrero's concerns and pointed out that the map attached to Ordinance No. 19619, passed by the City Council in January of 1987, did not show Parcel 16 as the land to be acquired. She noted that this also authorized the agreement with the Aquarium Association. She inquired as to why that Ordinance was not brought back to the Council to be amended and also inquired which individual on the Staff approved this without Council approval. City Manager McDowell referred to Resolution No. 19941, passed by the City Council on August 25, 1987, and stated that Parcel 16 was listed in that Resolution which authorized condemnation procedings for the acquisition of all of the parcels. He reiterated that this was at the request of Mr. Zeitler. Mr. McDowell then referred to the reference to Canal Street and agreed that the street was not replatted as was required in the Ordinance authorizing the closure of Canal Street. He concurred that there was a requirement that the street must be platted before it was officially closed but pointed out that there was no time limit as to when the replatting had to occur. Mayor Turner Street portion of City Manager Ordinance subject was no time frame inquired if the City has a contract that shows that the property actually "changed hands." McDowell again explained that the City abandoned the to the abutting property owners replatting the land, as to when it had to be replatted. the Canal street by but there Council Member Guerrero inquired about who is responsible for the replatting of the property, and Mr. McDowell stated that the owner was. Mr. Guerrero continued by stating that the owner obviously did not feel that it was necessary to replat the property until yesterday. He then inquired about the situation of an unplatted piece of property when it is sold, and Mr. McDowell stated that the land cannot be developed until it is replatted. Mr. Guerrero again questioned why the plat was only signed yesterday afternoon. He also stated that it had always been his understanding that one cannot sell property that has not been replatted, yet the City went thru with the sales transaction without the property being replatted. Mr. Victor Medina, Director of Engineering, explained that the City purchased a parcel of land from Mr. Murray; Mr. Murray informed them that he also owned Canal Street; and the Staff made arrangements to purchase that as a part of the parcel. Mr. Medina stated that he had approved the replat after problems with a utility line were resolved yesterday afternoon. Mr. Guerrero stated that at that point, the Council had already approved the purchase of the parcel even though the property had not been replatted and obviously the City purchased that property illegally. Council Member Slavik pointed out that in January of 1987, at the time the Ordinance approving the agreement with the Aquarium Association was adopted, mutes Regular Council Meeting November 10, 1987 Page 15 Parcel 16 was not included on the map that was a part of that Ordinance, yet in May it is shown as a piece of property to be acquired. Mr. McDowell pointed out that the Council authorized the aquisition of that parcel by approving the Resolution authorizing eminent domain procedings. He also pointed out that the City abandoned Canal Street before the site was selected for the aquarium. Mayor Pro Tem Rhodes inquired if the Aquarium Association actually wants this piece of property, and Mr. McDowell replied in the affirmative. Mrs. Rhodes continued by stating that the Council needed a clearer answer as to whether the City owned that street at the time of the sale because it had not been replatted. She stated it was her understanding that it was appraised too high because she had talked with an attorney who informed her that in appraising property, enhancement because of future use should not be considered when property is being appraised, as was stated by Mr. George Moff. City Attorney George stated that he felt that Mr. Murray has title to the street area once he replats the property, but Mrs. Rhodes interjected that the City purchased this property when it was not replatted and asked why. Mr. George explained that it is just a matter of clearing the title. Mrs. Rhodes summarized by stating that the issue is whether the City is paying too much for that property. Mr. George stated that he is convinced that the appraisal was not based on project enhancement Mayor Pro Tem Rhodes inquired if this discussion is irrelevant, or has the City already given Mr. Murray a check. Mr. McDowell responded that the City has not given Mr. Murray a check. Mrs. Rhodes then inquired if the City could not obtain another appraisal, or if the City has already purchased the property. City Attorney George stated that he did not know whether or not the owner of the property might file a lawsuit if the contract with him is not upheld. He expressed the opinion that any future appraisal probably will be higher then this amount and stated that that appraisal would become a part of condemnation proceedings if that became necessary. Council Member Pruet inquired if the fact that the replat was not limited to a certain time frame is customary, and Mr. McDowell stated that he believes that it is. Mr. Pruet then inquired if it is customary to obtain two appraisals, and Mr. McDowell stated that normally the City only obtains one appraisal. Mr. Pruet stated that he did not know what the question was if the Council agreed in August to acquire this property. Council Member Slavik stated that all qualified appraisers can make mistakes. Mrs. Slavik then began quoting comparisons on Parcel 16 to other parcels that evidently had different appraisals, and City Attorney George interrupted her and stated that that is confidential information. .nutes Regular Council Meeting November 10, 1987 Page 16 Council Member Slavik referred to the statement by Mr. George that there is nothing that can be done about the appraisal; she stated that she did not agree with Mr. George; she felt that there could be a mistake on this appraisal; and she did not think it was out of line to have another appraisal. Mayor Pro Tem Rhodes inquired about the reason for doing this if the City has already purchased the property. Council Member Guerrero expressed the opinion that there is a necessity to correct the system if the Council is allowed to let this purchase slide thru and stated that it is very unfortunate that the Council is not provided with correct information to make the proper decisions and have to have citizens bring it to their attention when something is wrong. Council Member Pruet inquired as to what was wrong, and Mr. Guerrero stated that there was a requirement that Canal Street be replatted and this was not done until Monday afternoon after the Council voted to purchase the property. Council Member Berlanga agreed that it was probably too late to do anything about this but inquired again who authorized Mr. Zeitler to demand that this property be purchased. He stated that he felt that there is a need to have another appraisal to determine whether or not the City paid too much for that land. He stated that even if the procedure cost the City money, they should get that information, and if the Staff does not provide the information for them to make the correct decision, then the system needs to be changed. Council Member Berlanga repeated his earlier motion that Item No. 5 from the November 3, 1987 agenda be reconsidered. The motion was seconded by Council Member Slavik and failed to pass by the following vote: Berlanga, Guerrero, Slavik voting, "Yes"; Turner, Rhodes, Mendez, Moss, Pruet and Strong voting, "No." * * * * * * * * * * * * * Mayor Turner called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Jesse Smith, 122 Riverdale, expressed appreciation to Mayor Turner for her continued participation at Veterans functions and her delegation of Council Members to attend the meetings. He provided historical information in regard to the establishment of Veterans Day on November 11, noting that in it in honor of veterans of all wars. He invited the Council to attend the political ceremonies to be conducted in Sherill Park on November 11, 1987 at 10:30 a.m. Mr. J. E. O'Brien, 4130 Pompano, addressed the issue of the property acquisition for the aquarium. He stated that the issue is not the purchase of a piece of property; the question is who is running this City - the City Staff or the City Council. He pointed out that Ordinance No. 19619, passed by the City Council in January of 1987, authorized the agreement with the Aquarium nutes xegular Council Meeting November 10, 1987 Page 17 Association and contains a color -coded map which shows the property that the City plans to acquire for the aquarium site. He stated that this map does not show Parcel 16. He stated that other maps in the interim period did not show Parcel 16, yet the map dated May 26 does show the Murray property as land to be acquired. He asked the Council who approved putting that Murray property on the land acquisition map. He also provided information in regard to the replat of the Canal Street property, informing the Council that Mr. Murray applied in January of 1985 for the approval of the replat; he then withdrew that application; he reapplied in May of 1987, thirty days after the James Conn Canal Street property on the other side was acquired by him. He stated that the replat was considered by the Planning Commission on July 22 at which time they did not approve the replat, and subsequently on August 11 of 1987, the Planning Department sent the plat to the Engineering Department where it has remained until yesterday afternoon. He stated that it was his understanding that the Engineering Department had a problem with the sewer line thru the property, yet yesterday afternoon when he started investigating in several offices in City Hall, the plat was suddenly approved. Mr. O'Brien stated that he felt that this issue should be examined very very closely and he felt that the City Council should consider drastic action against the Staff members for making a decision on this issue. He also stated that because of actions such as this, he thought that the City Council should employ their own attorney who is responsible only to them. Council Member Slavik stated that she is very concerned about this situation and she would, therefore, like to call for a closed session to discuss the material that Mr. George asked her not to reveal. Mr. George stated that obviously there is a possible litigation problem and it could legally be considered in a closed session, but the Council must comply with the Open Meetings Law which requires that at least two hours' notice be given prior to the beginning of a meeting that a closed session will be conducted. Council Member Slavik then made a motion that the Council convene in closed session next Tuesday to discuss the acquisition of property. Council Member Guerrero pointed out that the Council could go into closed session that night at 8:30 p.m. because there is a pending check for $60,000 involved, and Mr. McDowell stated that he supposed that this could be done. Council Member Guerrero inquired if Mr. McDowell would wait until after the closed meeting next Tuesday to issue the check for this property. Mr. Guerrero seconded the motion to conduct a closed meeting next Tuesday. The motion failed to pass by the following vote: Berlanga, Guerrero, Mendez, and Slavik voting, "Aye"; Turner, Rhodes, Moss, Pruet and Strong voting, "No." A motion was made by Council Member Guerrero that the sales transaction be delayed for one week until more answers are obtained from the Staff. nutes Regular Council Meeting November 10, 1987 Page 18 Further discussion followed among the Council and the Staff in regard to whether or not anything would be accomplished, and the motion died for lack of a second. Addressing the Council on another subject was Mr. Tony DeAmaco, owner of Texas Riviera Limousine Service, who objected to the parking assignments for limousine taxicabs that the Airport Board has recommended. He expressed the opinion that the Limousine Service would be adversely affected by the change proposed because his limousine has been moved out of the marketing area and his revenues will be greatly reduced. He requested that the City Council review the Board's recommendation and ask the Staff to reconsider the proposed change in parking. Further discussion followed, and Council Member Slavik pointed out the need for the Limousine Service which is very important and asked for a Staff report in writing to answer his questions. City Manager McDowell pointed out that many modifications have been made at the airport; the City is now charging the taxicabs a fee; courtesy vans have now been given a parking place; and the Airport Board has attempted to address some of the questions in regard to ground transportation. Council Member Slavik inquired if there was a time limit for a trial period, possibly nine months, and Mr. McDowell stated that he felt sure that the parking arrangement would be monitored. He stated that the problem is that there is a distance requirement in the City's agreement with the Limousine Service and that is the reason for change. Mr. DeAmaco interjected that one of the City attorneys has indicated that he did not feel that the distance requirement in the ordinance was actually being interpreted correctly. He stated that if there is a major problem, it needs to be presented to the Airport Advisory Board, and the Council could suggest that this be evaluated in six months. The Council indicated their concurrence with this suggestion. City Manager McDowell reminded the City Council of the reception the following evening from 5:00 to 7:00 p.m. for retiring City employees. He urged that as many Council Members as possible be present. * * * * * * * * * * * * * Mayor Turner called for discussion of procedures for the removal hearing related to Council Member Frank Mendez. City Attorney George reviewed the procedures taken during the Council Meeting the preceding week at which time the Council directed him to meet with the two attorneys involved, Mr. Larry Adams, attorney for Council Member Mendez, and Mr. Jon Kelly, attorney for the petitioners to establish rules of procedure. He stated that the City has provided all of the documents that the City has flutes aegular Council Meeting November 10, 1987 Page 19 that were requested by Mr. Kelly. He noted that Mr. Kelly had also asked for depositions of City Staff and Council Members. Mr. Jon Kelly interrupted by stating that unless something new comes up, he will not require the depositions of the Council Members and the Staff Members. City Attorney George continued by stating that Mr. Adams has agreed to provide some of the items that were requested but there were some items that he says he will not provide. Mr. George continued by referring to the question about scheduling the hearing before November 24, 1987, but Mr. Kelly has stated that without the depositions he would not proceed earlier. Mr. George stated that all attorneys are agreeable to moving the hearing to another location. City Attorney George then referred to the written procedures which were previously approved which called for three parties in the hearing. He stated that he has now changed that procedure to state that there are only two parties to the procedure and the City Attorney will be available to provide advice to the City Council. He referred to Mr. Kelly's concern about the advice that he as City Attorney might give to the Council regarding rulings by the Mayor and Council regarding the admissibility or relevance of evidence and he is, therefore, suggesting that in fairness to all parties, the Bar Association recommend an experienced attorney or judge to provide such advice on such rulings only. The City Attorney would still advise the City Council on other matters. He stated that this is up to the Council to decide. He also stated that the Council needs to decide on the other issues. Mr. Jon Kelly then addressed the Council and stated that he has informed the City Attorney that he will not require the depositions mentioned earlier because he can obtain his information by the written questions included in the document "stipulated procedures." He stated that subpoenas which he is concerned about are the ones that require items of information that Mr. Adams has refused to provide, such as Mr. Mendez' gross income for the last year and documents in regard to the Steelworkers' Building sale. He explained that the reason he needs a copy of Mr. Mendez' gross income is because the state statute indicates that a conflict of interest is evident if payment is made of more than 10 percent of the elected official's gross income. He pointed out that Mr. Mendez received $5,340; no one has seen that check; and he feels that it is ludicrous that Mr. Adams will not provide any evidence or documents that he needs to prove his case. He pointed out that the City Council does have power over Mr. Mendez, and the Council could question him or ask him to turn over those documents. Mr. Kelly continued by stating that it is known that one payment was made to Frank Mendez but there may be more. He pointed out that Mr. Mendez voted for an Ordinance to purchase a piece of property; he accepted money from his employer; and his refusal to provide the requested evidence is flaunting the rules of the Council. Mr. Larry Adams, 4409 O'Malley, attorney representing Frank Mendez, stated that he did not intend to try this case as this time. He noted that the nutes regular Council Meeting November 10, 1987 Page 20 petitioners have filed Articles of Impeachment which deal with the sale of the ILA to the City of Corpus Christi, and everything that is involved in that sale was presented to City Attorney George. Mr. Adams continued by stating that in a conference telephone conversation between himself, Mr. Kelly and Mr. George, Mr. Kelly made the statement that he intends to take this matter to court; therefore, if he intends to continue to threaten Mr. Mendez, those documents will not be provided. Mr. Adams stated that he understood that Council Member Strong made a motion last week that all documents were to be presented to the City Secretary's office and copies would be provided only for the three attorneys involved. He, therefore, objected to Mr. Steve Morales going to City Hall to obtain certain documents. Council Member Strong stated that she has several questions for Mr. George. One, the question of enforcement. She inquired of Mr. George if he had received answers to the question as to what can be done if someone ignores a subpoena. Mr. George explained that the only enforcement that the City has in this case is to file in district court for subpoenas, or the possibility exists of a fine for contempt of Council in the Municipal Court range of not to exceed $200, depending upon whether the Penal Code Ordinance applies or not. Mrs. Strong continued with her second question stating that according to the Minutes of last week's meeting, she made the motion that documents be presented to the City Secretary's office, but Mr. George recommended that a decision on that motion be delayed until after the closed meeting, and it is her understanding that they did not discuss this after they returned to the Regular Council Meeting. Several Council Members and Mr. George concurred that was correct. A motion was made by Council Member Strong that all subpoenaed information be submitted to the City Secretary's office and that it be made available only to the three attorneys involved in the case. Mr. George stated that he did not have any objection to that procedure, except that there is a question that if it is presented to the City Secretary's office, it might be public information. Discussion followed on where the information should be submitted. A motion was made by Council Member Strong that all information go directly to City Attorney George and that it be provided only to the two attorneys, Mr. Kelly and Mr. Adams. The motion was seconded by Council Member Slavik and passed unanimously by those present and voting; Mendez did not vote. A discussion followed between the attorneys and the Council in regard to the subpoenaed information, the necessity for the information and the reason Mr. Adams did not want to submit it, and Mr. George explained that the Council needed to authorize the issuance of the subpoenas which have to be signed by Mayor Turner. nutes Aegular Council Meeting November 10, 1987 Page 21 A motion was made by Mayor Pro Tem Rhodes to authorize the subpoena of the material requested; seconded by Council Member Strong and passed unanimously; Mendez not voting. City Attorney George then requested the City Council to approve the revised Rules of Procedures that were presented to the City Council on November 6. A motion was made by Council Member Pruet that the rules of Procedure be approved; seconded by Council Member Strong and passed unanimously; Mendez did not vote. (A copy of the Rules of Procedure for the hearing of the petition to remove Council Member Mendez is on file in the Office of the City Secretary.) Council Member Strong noted that the Council might wish to retain the services of an outside attorney or a retired judge. She inquired if Mr. George recommended this, and Mr. George stated that he does to avoid any semblance of bias. Discussion followed but no decision was made on this issue. Mr. Kelly addressed the Council again and stated that the Council authorized the issuance of the subpoenas but the question he has is when they are returnable, noting that it would be very difficult for him if they were not returned until November 24. He suggested that five days is a reasonable period of time. City Attorney George stated that he has a problem with that number of days because sometimes it is very difficult to serve the subpoenas. Further discussion followed and a motion was made by Council Member Strong that the subpoenaed information be required to be returned in one week. The motion was seconded by Council Member Slavik and passed unanimously; Mendez not voting. Mayor Turner inquired of Mr. George as to when he would have the subpoenas ready to be issued, and Mr. George stated that he will have them ready the following day. * * * * * * * * * * * * * Mayor Turner again called for petitions or information from the audience on items not listed on the agenda. Mr. Hank Snyder thanked the Council for the wonderful honor they had paid him the preceding Tuesday. He then spoke in defense of Marina Superintendent Bob Bruner who has been accused by the shrimpers of being unfair, particularly in regard to the sale of shrimp on the T -heads. City Manager McDowell informed the Council that the Marina issues will be before them soon. Mayor Turner declared the meeting adjourned at 7:28 p.m. November 10, 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 November 10, 1987, which were approved by the City Council on November 17, 1987. 1( WITNESSETH MY HAND AND SEAL, this the day of r^ Betty Tur er, MAYOR r Armando Chapa, City Secretary City of Corpus Christi