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HomeMy WebLinkAboutMinutes City Council - 11/17/1987PRESENT Mayor Betty Turner Mayor Pro Tem Rhodes Council Members: David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Pat Slavik Absent Linda Strong MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING BOYS CLUB AUDITORIUM NOVEMBER 17, 1987 7:00 p.m. City Manager Craig McDowell City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Boys Club Auditorium at 3902 Greenwood. The invocation was given by Pastor Paul Aldrich of the Church of the Nazarene following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Berlanga. City Secretary Chapa informed the Council that Council Member Strong was absent from the meeting because she was attending an out-of-town on business. A motion was made by Council Member Guerrero to excuse Mrs. Strong from the meeting; seconded by Council Member Pruet and passed. A motion was made by Council Member Slavik that the Minutes of the Regular Council Meeting of November 10, 1987 be approved as presented; seconded by Council Member Moss and passed unanimously. * * * * * * * * * * * * * Mayor Turner announced the bid opening on the relocation and adjustment of the water and sanitary sewer lines project in connection with reconstruction of S.H. 44 and F.M. 2292 in the Clarkwood area. Mr. Victor Medina, Engineering Director, opened bids on the project from the following firms: South Texas Utility Contractors; Stefek Construction Company; and F&E Erection Company. Mr. Medina verified that all companies submitting bids had submitted the required security bond. MICROFILMED lutes ttegular Council Meeting November 17, 1987 Page 2 Mayor Turner expressed appreciation to the bidders for submitting bids on the above project. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 thru 3. 1. M87-0370 Approving a partial refunding of existing debt and authorizing the sale of $14,950,000 in bonds. 2. M87-0371 Scheduling a hearing for December 1, 1987, on the appeal filed on the Excavation Permit granted by the Planning Commission to King Construction Company for 60 acres of property located at the intersection of Flour Bluff Drive and Yorktown Boulevard. 3. M87 -C372 Motion to amend the Alternative Compliance Section 27B-4 of the proposed landscape requirements of the Zoning Ordinance prior to third reading. In reference to Item No. 1 concerning the Bond Financing Alternatives, City Manager McDowell stated that this is the authorization of the bond sale of the $81 million that the Council authorized when they increased the tax rate, and also a partial refunding which allows the City to do two critical projects needed in this community - a new Police Station and the Public Safety Communication System. Mayor Turner noted that the restructuring will not require any additional increase in the tax rate. Council Member Mendez stated that with this restructuring, the City will be able to sell $14, $16, and $13 million respectfully for a period of three years. Mr. Mendez inquired if the City will be held to these figures if economic conditions improve, and Assistant City Manager Garza replied they would not, and if economic conditions improve, the City could make a decision to increase the pace of the program. He stated that the program was designed to proceed along with the economy. Council Member Slavik inquired if the Bond Committee had looked at this and suggested waiting until they did, and Mr. Garza replied that at the present time the bond market is in great condition for the City to go to market, and he would hate to put it off for that reason. _nutes ,regular Council Meeting November 17, 1987 Page 3 Council Member Mendez stated that when the Bond Task Force met they instructed Staff to look at the possibility of restructuring so that the City could eliminate some of its debt and sell additional bonds. He stated that the restructuring met the goals which were established by the Task Force. He continued by stating that the increase in the tax rate will not go over the .02e more that was approved by the committee and the Council. Discussion followed and Council Member Pruet noted that the Police Station was the single project that led the Bond Committee to ask Staff to explore the possibility of another restructure project. He stated that it meets a lot of the Council's goals and objectives, as well as building the police station very quickly. In answer to a question from the Mayor, Mr. Garza stated that they are predicating it on a decline in the tax base of one percent for this coming year, no growth for the following year and two percent thereafter. He stated that they had spoken to Mr. George Moff, Chief Appraiser, and he believes the City will break even. In answer to a question from Council Member Slavik about why the Police Station and communications system were not included in the $25 million that were sold, Mr. Garza stated that it was a matter of priorities that were established by the Council and the Staff. He noted that the design of the police building had not yet been completed, and the contract had not yet been executed. Council Member Berlanga inquired if any money is contemplated to be used for additional staff in areas of the City where needed, and Mr. Garza replied there is not, that this is strictly for capital improvements. After more discussion, Council Member Mendez pointed out that it is important to note that the City is trying to meet a community need with a restructuring project which will address two important projects. In answer to a question from Council Member Slavik, City Manager McDowell stated that both of these projects were scheduled for the second year, and due to the reasons previously discussed by the Council, they were not included in the $8.25 million. Robert K. Olson, Chief of Police, stated that he supports the restructuring of the bonds. He stated that the bonds necessary to build the police facility are very important, and that there is a critical need for the communications system. Chief Olson noted that the police facility has been planned since 1983, and if delayed, the cost of the building will increase. nutes Kegular Council Meeting November 17, 1987 Page 4 Mr. Lewis Lovelace, 1549 Casa Grande, stated that the City million in bonds already sold that are drawing interest, and now trying to sell more bonds and restructure the existing bonds. He will cost an extra $40 to $50 million in interest to get them referred to an article in the Caller -Times which was published concerning a debtor county in Arizona where the City Manager inquired if the City Manager is leading us into debt. has over $150 the Council is stated that it paid off. He in March, 1987 is from, and Mr. J. E. O'Brien, 4130 Pompano, inquired if this restructuring is going to cost the taxpayers more dollars or save them dollars, and that he believes it will cost them more dollars. He stated that by extending the time frame on the bonds, taxpayers will end up paying more interest. He stated that the voters were told one thing prior to the bond election, and the Council is doing something completely different. He stated that the voters were told that if the assumptions made by the Staff proved to be incorrect, as they have been, then the five-year bond program would be extended to 6, 7 or 8 years. He inquired if the Council has enough information to make an intelligent decision on this issue. Mr. O'Brien continued by stating that he understands that there is over $54 million in the bank as of July 1, 1987, according the the City's latest financial report; he stated that two years ago there was over $56 million in the bank; and there does not seem to be any progress in spending this bond money. He stated that he thought that the Bond Committee set the priorities as to the time frame on the various projects, and it appears that the time frame is being scrapped. He referred to the police communications system and stated that he understood that it cannot be improved to a very high level, and noted that it will have a tower on top of the police building. He stated that it is not necessary to put the tower there, and that the old communications system could be upgraded at a lower cost and still plan the new system at a later date. Mr. O'Brien stated that in 1984, $5 million was transferred out of debt service into the General Fund and that this will come back to haunt the Council Members who voted for it. He stated that if the City had that $5 million in the debt service today, he did not think the Council would be considering restructuring the bonds. City Attorney Hal George referred to the transfer of $5 million in 1984 and stated that the Taxpayers Association filed a lawsuit against the City. He stated that four different courts have upheld the City Staff's position that it was not an illegal transfer. Council Member Mendez stated that he takes exception to the statement that $54 million is in the bank. He stated that one of the jobs of the Task Force was making sure they found out where all those monies were, and it was reported to the Council and made available to the public. He stated that they looked at every project and gave a full recommendation and report to the Council. Council Member Moss concurred with Mr. Mendez. nutes .segulaf Council Meeting November 17, 1987 Page 5 Mr. Philip Roenstein, 949 Bobalo, stated that his taxes keep going up; the bond market is not sound; it is very shaky; and that there has to be a place where the City stops selling bonds because it is costing money. Council Member Slavik referred to the $104 million proposed originally. She expressed concern that if the economy slows down, if the bond program is going tc be extended. Mr. Garza stated that the future cannot be predicted; Staff can certainly plan ahead based on some assumptions; and that there are so many priorities involved. He stated that this City has a long record of honoring its debt and protecting its bond rating. He stated that the anticipation for next January is to break even or higher, and that they have extended it out for more than five years. Council Member Berlanga stated that the public needs to know that the City's Financial Staff is doing a good job in keeping them in the black; in the future he will make a recommendation that there be tours for the public to see the different City departments, and the amount of man-hours and amount of money it takes to operate the City. He stated that concerning the restructuring, it is necessary to do something to get all the projects that need to be done. Ms. Mary Lou Huffman, 402 Old Robstown Road, encouraged the City Council to move forward with restructuring the indebtedness of the Bond Program. She stated that her business is located on Agnes Street; it is involved in the 1986 Bond Program; and she wanted it included in the $106 million Bond Program. She stated that she would like the City Council to give this particular project priority. Mr. Tom Hunt, 75 Townhouse Lane, gave a brief explanation of the 1984 lawsuit filed by the Taxpayers Association. He stated that the lawsuit is still alive, despite the fact that they have gone thru three courts in Texas. He stated that they have appealed and are confident that at the next hearing in court, the truth will come out. Mr. David Saenz, 1437 Tenth Street, objected to the fact that the City Council is concerned with economic development needs instead of the needs of the citizens. He stated that priority should be given to the needs of the citizens and economic development should be left to private enterprise. Council Member Mendez referred to the $54 million and stated that it is public information, and suggested that Mr. Saenz go to City Hall and obtain the status and information on the different City projects. Mr. Francisco Rodriguez, 4629 Carroll Lane, referred to the Agnes Street project and stated that he recognized the need to have it properly repaired. He encouraged the Council to consider the restructuring favorably. autes negular Council Meeting November 17, 1987 Page 6 In reference to Motion No. 2 concerning the appeal of the decision of the Planning Commission in reference to the excavation permit granted to King Construction, Council Member Slavik expressed concern over this matter. She stated that it appears that Flour Bluff is being treated as a dumpsite and noted that she is meeting with Bobby Cavazos to look at the excavation. In reference to Item No. 3 concerning the Motion to Amend the Proposed Landscape Requirements to the Zoning Ordinance prior to the Third Reading, Mayor Pro Tem Rhodes inquired why Staff changed their minds on the legal opinion of the Board of Adjustment issue, and City Manager McDowell stated that they did not change their minds in terms of the Board of Adjustment. He stated that there can be a review committee, but legally the process for receiving a waiver from the Landscape Ordinance would be the Board of Adjustment. Mayor Pro Tem Rhodes inquired if the Legal Department is satisfied with the way the ordinance reads, and City Attorney George replied they are satisfied with the alternate compliance provision. He stated that they are satisfied that the section as drafted has a very good chance of standing any kind of scrutiny and would pass the court test. A motion was made by Council Member Mendez to approve Motions 1 thru 3; seconded by Council Member Pruet and passed unanimously; Strong absent. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings of Nos. 4 thru 10 and Council Members requested that Item 8 be withheld for discussion. City Secretary Chapa referred to Item No. 10 concerning scheduling a paving assessment hearing on December 15, 1987, and suggested a change in the date of the hearing because the Council would be unavailable on that date. Mr. Chapa recommended the date of December 29, 1987. A motion was made by Council Member Slavik to change the date of the hearing to December 29, 1987; seconded by Council Member Guerrero and passed by those present and voting; Mendez and Pruet absent at the time the vote was taken; Strong absent. City Secretary Chapa polled the Council for their votes and the following were passed: 4. RESOLUTION NO. 20069 AUTHORIZING THE EXECUTION OF A CONTRACT WITH TENNESSEE PIPELINE CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF BUS TURNOUTS ON STAPLES STREET AT PADRE STAPLES MALL, ON AIRLINE AND McARDLE AT SUNRISE MALL, AND ON LEOPARD STREET AT THE LIGHTHOUSE FOR THE BLIND; APPROPRIATING $76,641.75. nutes regular Council Meeting November 17, 1987 Page 7 The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, and Slavik voting, "Aye"; Mendez absent at the time the vote was taken; Strong absent. 5. RESOLUTION NO. 20070 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 7 IN CONNECTION WITH THE AIRLINE ROAD STREET IMPROVEMENTS; AND APPROPRIATING $6,879. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet and Slavik voting, "Aye"; Mendez absent at the time the vote was taken; Strong absent. 6. RESOLUTION NO.20071 APPROPRIATING $1800 FROM THE 250 SANITARY SEWER BOND FUND FOR THE ACQUISITION OF PARCEL 2 IN CONNECTION WITH THE PARK ROAD 22 UTILITY ADJUSTMENTS PROJECT. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet and Slavik voting, "Aye"; Mendez absent at the time the vote was taken; Strong absent. 7. RESOLUTION NO.20072 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 6 IN CONNECTION WITH THE MARY CARROLL CHANNEL WIDENING; AND APPROPRIATING $9,058. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet and Slavik voting, "Aye"; Mendez absent at the time the vote was taken; Strong absent. 9. ORDINANCE NO. 20074 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: I.H. 37, Calallen Interchange From 1500' East of the Missouri Pacific Railroad Underpass to 0.74 miles South of the Nueces River Bridge AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet and Slavik voting, "Aye"; Mendez absent at the time the vote was taken; Strong absent. 10. ORDINANCE NO. 20075 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: I.H. 37, Calallen Interchange lutes Regular Council Meeting November 17, 1987 Page 8 From 1500' East of the Missouri Pacific Railroad Underpass to 0.74 miles South of the Nueces River Bridge; DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL DURING THE MEETING OF THE CITY COUNCIL ON DECEMBER 29, 1987, IN THE COUNCIL CHAMBERS, CITY HALL, 302 SOUTH SHORELINE BOULEVARD, CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet and Slavik voting, "Aye"; Mendez absent at the time the vote was taken; Strong absent. * * * * * * * * * * * * * Mayor Turner called for consideration of Item 8 and Items 11 thru 14. In reference to Item No. 8 concerning the Police Station - Asbestos Removal, Mayor Pro Tem Rhodes inquired if there is an ordinance requiring that someone check to see if there is asbestos in a building before the City gets into the demolitions. She stated if there is not an ordinance, she thought that the City needed one. City Attorney George stated that he did not believe there is an ordinance, and that the City relies on the state and federal government regulations in that area. He stated that Staff will look into the matter. Mayor Pro Tem Rhodes suggested that the Staff be directed to bring an ordinance forth which would require that someone check that there is no asbestos in the building before demolition is started, and Mr. George stated that he would like to check this matter out and provide a report to the Council. He stated that as he understands the technical aspect of it, it is not the presence of asbestos, but the asbestos which gets into the air that presents a problem. Mrs. Rhodes suggested checking with the Air Control Board. In reference to No. 11 concerning the Municipal Court Work Release Program, Council Member Slavik inquired about the reason for changing the per day credit from $45.00 per day to a minimum of $45.00 per day, and Judge Rudy Tamez provided a brief explanation and stated that the primary reason is that it will provide the judge discretion in the amount of credit earned. In reference to Item No. 12 concerning Amending Chapter 19, Food and Food Establishments, Council Member Berlanga requested an explanation of this item, and City Manager McDowell stated that it was a recommendation by the Health Department that the City modify the ordinance to eliminate some outdated, cumbersome provisions, as well as to meet the current state statute. In reference to Item No. 13 concerning the Creation of an Industrial District, Mr. Lewis Lovelace, 1549 Casa Grande, requested an explanation of this item, and City Manager McDowell stated that it is in accordance with the nutes regular Council Meeting November 17, 1987 Page 9 state statute that was worked out between the industry and the cities and passed by the legislature which allows the City to create an industrial district and receive revenue in lieu of being annexed to the City. He stated that it will be no cost at all to the City for any of the operations. Mr. J. E. O'Brien, 4130 Pompano, inquired if this is an appropriate time to create an industrial district in the Gulf because of the cost to the oil industry. City Secretary Chapa polled the Council for their votes and the following were passed: 8. RESOLUTION NO. 20073 APPROPRIATING $3,025 FROM THE 531 PUBLIC HEALTH AND SAFETY BOND FUND FOR PAYMENT OF ASBESTOS REMOVAL IN THE POLICE STATION. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, and Slavik voting, "Aye"; Strong absent. 11. FIRST READING AMENDING CHAPTER 29, MUNICIPAL COURTS, SECTION 29-28, LIMITS OF PERMISSIBLE CONFINEMENT OF PERSONS CONVICTED, AMENDING THE WORK RELEASE PROGRAM FOR INDIGENTS ADJUDGED GUILTY IN MUNICIPAL COURT; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet and Slavik voting, "Aye"; Strong absent. 12. SECOND 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 PROVIDIONS 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 second reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet and Slavik voting, "Aye"; Strong absent. nutes ,tegulai Council Meeting November 17, 1987 Page 10 13. SECOND 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 second reading by the following vote: Rhodes, Berlanga, Mendez, Moss, Pruet and Slavik voting, "Aye"; Turner and Guerrero voting, "No"; Strong absent. 14. ORDINANCE NO. 20076 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 third reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet and Slavik voting, "Aye"; Strong absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for consideration of Items 15 thru 17. In reference to Item No. 15 concerning the TML Intervention: E.P.A. Case Fund, Council Member Slavik expressed concern about the facts in this case. She stated that since she did not have too much support material and since these revised standards will not affect this area, she will vote no on intervening in the lawsuit. She inquired how the revised standards might affect the location of the new Southside Wastewater Treatment Plant, and City Manager McDowell replied because it would discharge into the Oso and there would be stiffer treatment standards. Mr. McDowell continued by stating that Staff feels that the standards are reasonable at this point. Mayor Pro Tem Rhodes noted that she is going to vote no on this item. She did not think that they were provided with the cost figures, and that spending money in this manner is money that is poorly spent. In reference to Item No. 16 concerning the Library Board Ordinance, Council Member Moss referred to Item No. 3 under the duties of the Library Advisory Board which allows them to raise money. He stated that the Friends of the Library have a 501C3 permit from the Internal Revenue Service and have done very well at raising money. He stated that if we allow the City's advisory boards to try to raise money, we are establishing a precedent. He expressed the opinion that the ordinance should be amended to delete that part. lutes ..egular Council Meeting November 17, 1987 Page 11 Mayor Pro Tem Rhodes stated that she thought the more people that raise money for projects in the City, the better, and if it sets a precedent, she is in favor of it. Mr. Gene Pennebaker, 902 Baracuda, member of the Friends of the Library, expressed concern about the board appointed by the City raising money for a public—funded entity. He stated that he has no problem with raising the funds. He stated that he hoped that the ordinance would specify how the funds will be managed. City Manager McDowell stated that the issue here is whether the Library Board or any other board should be raising funds and the use of those funds. He stated that in this particular case, if the money is given to the City, then it goes into the City's General Fund, and it is subject to being utilized unless there is some kind of condition put on it. He stated that the board's functions are to advise the City Council on the operation of the various entities, and not necessarily being involved directly with raising funds for different types of projects. Council Member Moss stated that when they raised the $1.4 million for the new library furnishings, they found a number of people perfectly willing to donate to the Friends, but they did not want to donate money to an organization that is funded by taxes. Mr. Moss continued by stating that the Library Board was working with the Friends unofficially; the Friends did not get involved in the administration of the library; and that he thought those things should be kept separate. Council Member Mendez suggested that the Staff and the Library Board meet and draft language which will deal with this issue and bring it back to the Council. He then made a motion to table this issue for one week. (This motion was never seconded.) City Manager McDowell noted that there is also the same problem with the Corpus Christi Museum. He stated that the problem is that Staff has to established many trust accounts to track all these funds which then become very cumbersome to deal with; it creates an additional burden to keep all the trust accounts separate; and that they would much prefer to have them funnelled thru some other organization. He stated that as we go forward on a number of these projects, this is an issue which will have to be dealt with again unless a policy is established, and his recommendation would be to funnel it thru a Friends group or some other support group that is outside the City. He stated that Staff can resolve this issue. It was the consensus of the Council that this ordinance be approved on the first reading and that Staff and the groups involved discuss to try and resolve the fund raising matter. nutes regular Council Meeting November 17, 1987 Page 12 Mrs. Dierdre Norton, Chairman of the Library Board, stated that the policy proposed in this ordinance is no different from what has been happening for years; members of the Library Board have raised funds for the library for many years; and the board has worked very cooperatively with the Friends. She stated that she thought the library needs as much money as they can get, and to say that one entity should or should not raise or solicit funds would be a mistake. She stated that how or where these funds should go is something that is being addressed at this time, and that they have been looking into different alternatives. City Secretary Chapa polled the Council for their votes and the following were passed: 15. RESOLUTION NO. 20077 AUTHORIZING THE CITY TO PARTICIPATE WITH OTHER TEXAS CITIES IN FUNDING TML'S INTERVENTION IN SPORTSMAN'S CLUB OF TEXAS VS. E.P.A. LAWSUIT; AND AUTHORIZING PAYMENT FROM THE WATER OPERATING FUND. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Mendez, Moss and Pruet voting, "Aye"; Rhodes and Slavik voting, "No"; Strong absent. 16. FIRST READING AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, SECTIONS 2-75, 2-76, AND 2-77 REGARDING THE LIBRARY ADVISORY BOARD; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Pruet and Slavik voting, "Aye"; Moss voting, "No"; Strong absent. 17. FIRST READING AMENDING THE CITY CODE, CHAPTER 35, OIL AND GAS WELLS, SECTION 35-57, MARINE RECREATION AREA, GULF OF MEXICO, TO INCLUDE THE AREA OF THE GULF OF MEXICO ANNEXED BY ORDINANCE N0. 20039 ON OCTOBER 27, 1987; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet and Slavik voting, "Aye"; Strong absent. * * * * * * * * * * * * * _nutes Regular Council Meeting November 17, 1987 Page 13 Mayor Turner announced the annexation hearing on the following: 17.95 acres of State-owned land out of a portion of Padre Island, as shown on the Blucher and Naismith survey and recorded on a map prepared by Blucher and Naismith, Inc., June 15, 1951, Volume 4, Page 59, of the Miscellaneous Map Records of Nueces County, located south of the seawall, in Section A, Padre Island Corpus Christi Subdivision, and immediately north of Nueces County Park //1 boundary line, and the present City limit line along the beach on the Gulf of Mexico. In answer to a question from the Mayor, City Manager McDowell stated that this was not included in the original proposal because at that time the City was looking at other property, and this property is required to be annexed as a condition of the lease agreement which the City Council approved for the state land at the end of Whitecap Boulevard. Mr. McDowell continued by noting that at the time that the City went forward with the annexation proposal and the hearings were held and the City Council adopted that, the City did not have the lease agreement in hand and did not know that this was going to be a requirement of the lease agreement. In answer to a question from the Mayor, Planning Director Larry Wenger stated that the annexation of 17.95 acres is a result of the Council's action to execute a lease with the State Land Office. He stated that the intended purpose is for the extension of Whitecap Boulevard, as well as the future construction of a parking lot for beach access by the general public. Mr. Wenger displayed a viewgraph of the vicinity and stated that it will cost $7,500 a year to maintain the additional beach area. He continued by stating that this is in accordance with the lease agreement which includes the land to be annexed prior to December 31, 1987, and that this is the reason for the hearing. In answer to a question from Mayor Pro Tem Rhodes as to whether or not this went thru the Planning Commission, Mr. Wenger replied that it was not a requirement that it go thru the Planning Commission but that he did discuss it with the chairman. He stated that two hearings are required by state law. In answer to some questions from Mayor Pro Tem Rhodes, Mr. Wenger stated that all of it will be a parking area with the exception of the area along the beach; it will be inside the City; and that the police will be patrolling the area. He stated that the City will maintain the parking lot and the beach area, and that it is possible that the City will amend the contract with the county for beach cleaning. In answer to another question from Mrs. Rhodes about discussion with J. P. Luby, Mr. Wenger replied as far as he knows, it has been discussed with Commissioner Luby and he did not have any objection to the annexation. Council Member Slavik stated that some questions have arisen and inquired if the City is doing this after the fact, and Mr. Wenger replied that this is in conjunction with the lease. nutes regular Council Meeting November 17, 1987 Page 14 Mrs. Slavik expressed concern about this particular Whitecap and inquired if this was part of the package that last summer by the public, and Mr. Wenger replied this area that with the relocation, there will be access directly to end of Whitecap Boulevard. configuration of was voted against was included, and the beach from the Ms. Marie Spear, 9320 South Padre Island Drive, inquired why the City wants more land. She stated that the City should get out of taking care of the beach business completely, and that the county has been in charge of the beaches for years and presently has a very excellent system in force. She stated that they have law enforcement in place without an additional cost to the City and it is working just fine the way it is. She inquired why 18 acres are needed for a bus turnaround. She referred to stabilized sand, and inquired if the City would like to recommend stabilized sand to the county, why not recommend it and let them pay for it. Officer Association, take on this that that any community Henry stated more Whitman, President of Corpus Christi that the Police Department does not have land, and that they cannot adequately protect now. He stated that the crime in this City is we cannot promote tourisim and state that this is a safe the citizens voted against this annexation. Police Chief Olson stated that when the annexation was submitted to the Police Department package concerning the island that was in there, they would not be able to provide service. Chief and this particular area that is being discussed He stated that they have to drive thru it anyway, area, it will not put a significant burden on the that the constable will be working with the police Police Officers the manpower to the citizens of horrifying, and City. He noted initial proposal concerning for their review, there was a and that if that was annexed Olson noted that was deleted, tonight is not part of that. and as far as patrolling the Police Department. He stated officers in that area. In answer to a question from Council Member Guerrero concerning any incidents, Chief Olson stated that if it was in the City and 911 were dialed, a police car would be dispatched, and if the call went thru the constable, he would handle it. Council Member Berlanga inquired if Chief Olson thought the Police Department is understaffed, and Chief Olson stated he thought they were; he did not know how many; they are presently conducting a study; and are in the process of evaluating it. He stated that he will advise the City Manager when he goes thru the budget process. In answer to a question from Mr. Berlanga, Chief Olson stated that it is evaluated on the actual needs of the City itself and gave a brief explanation of the process. Mr. Berlanga noted that he has always spoken of increasing the police force and recommended that the Council Members ride with the police to see the inadequate manpower. ,nutes Regular Council Meeting November 17, 1987 Page 15 Mr. Lewis Lovelace, 1549 Casa Grande, stated that the City is taking this area away from the county and putting in on the City taxpayers. He stated that he was at the meeting and objected to the contract for moving Whitecap Boulevard, and that this is just another case of subsidizing Ralph Durden's pet project. He referred to the parking lot area which will be down to the water line. He continued by stating that the voters turned this down last April, and that he understands there is a petition circulating to force a referendum on some of the annexations that the Council passed. He suggested putting this on the referendum. Mr. J. E. O'Brien, 4130 Pompano, stated that the Executive Committee of the Taxpayers Association voted last evening to oppose this annexation as proposed; this is the third annexation in one year in which this Council is attempting to overturn the vote of the people; and if they continue, they do it at their own risk. He referred to the different annexations that the voters had turned down, and asked that the Council place this issue before the voters, and let them determine whether or not it should be annexed. He stated that his assumption is that this lease agreement has already been signed which would then make this public hearing a fraud. Council Member Pruet reminded Mr. O'Brien that during the annexation election of 1986, Mr. O'Brien stated that he supported annexation but it does not need to be annexed all at one time. Mr. Pruet stated that the City Council does not need veiled threats and intimidation from Mr. O'Brien, and that the Council will vote on the issue. Council Member Slavik noted that she had previously mentioned the term "after the fact" and asked if the agreement had been signed, and Assistant City Manager Elizondo pointed out that the Council should keep in mind that the lease has a clause in it that says it is cancelled automatically if this area is not annexed by December 31, 1987. Council Member Slavik inquired what was gained from signing the lease, and City Manager McDowell noted that the lease is a separate issue, and a separate instrument approved by the Council several weeks ago, and based on the City Secretary's certification that it passed, he executed the lease as part of his administrative responsibilities. (NOTE: The procedure followed is that the City Manager places an item on the agenda for Council approval. If the Council approves the lease or agreements, the City Secretary certifies that fact on the document.) City Attorney George stated that signing a lease after the Council has voted is really an administrative kind of act, and that it does not matter whether the City Manager signed it or not; it is not a fraud; and that it was no harm either way. The following citizens spoke in opposition to the annexation: 1. Ms. Donna Hodge, 3626 Redwood, President of the Citizens Organization for Public Safety, stated that they stand behind their police officers 100 percent on their views nutes aegular Council Meeting November 17, 1987 Page 16 in opposition to annexation; 2. Mr. Enrique Garcia, 5966 Cinammon Oaks, a representative of the Police Officers Association; 3. Mr. Calvin Floyd, 1379 Normandy; 4. Ms. Gloria Perez, 1317 Seventh Street; 5. Mr. Vern Shirley, 2621 Meadowwood; and 6. Mr. Raymond Hasker, 1813 Wallace. A motion was made by Council Member Pruet to close the public hearing; seconded by Council Member Mendez and passed unanimously. Mayor Turner inquired if this is a Staff recommendation, and Mr. Elizondo replied in the affirmative. In answer to a question from the Mayor concerning the RTA, City Manager McDowell stated that the RTA is contributing towards the construction of the bus turnarounds, and that the public benefits by having direct access to the beach. He stated that less damage will be done to the environment in the new location of the road, and that the City also benefits by the fact that development will occur, and it will increase the tax base. He stated this is something that the Council had as a plan that was adopted several years ago. Council Member Berlanga inquired if the parking area will be for any buildings or businesses, and Mr. McDowell replied it will provide a bus turnaround at the end of Whitecap Boulevard, and a parking area will ultimately be constructed which will provide parking for people that come to the beach. He stated that there may be some businesses that will develop as a result of the improvements. Mr. McDowell further stated that the parking capacity will be about 500 to 600 cars, and that the City will advertise for bids in January for this project. City Secretary Chapa informed the Council that this will be brought back to the Council in a series of three readings during the month of December. Mr. Chapa reminded the Council that there will be a closed session that evening on litigation. * * * * * * * * * * * * Mayor Turner called for liaison and other reports from the Council. Council Member Slavik stated that there was a meeting concerning the Aquarium and Mr. Jeffrey Raisch who is the expert on planning aquariums spoke. She stated that it was a good meeting; they are moving along with the plans; and need a lot of support. Economic Development Corporation - Council Member Mendez stated that they will meet Wednesday morning at 7:30 a.m. regarding the 1987/88 budget. Council Member Pruet informed the Council that he and Council Member Berlanga met last week and have tentatively started working towards December 3 and 4 to have the group from Laredo come into Corpus Christi to stimulate additional business. RTA - Council Member Moss stated that there will be a meeting at 7:00 a.m. on Wednesday morning. nutes regular Council Meeting November 17, 1987 Page 17 * * * * * * * * * * * * * Mr. Joe Hansler, 1515 Caribbean, Flour Bluff, presented copies of the Excavation Ordinance to the Council; he gave a brief explanation of why it was passed; and he expressed appreciation to them for passing it because the previous ordinance was inadequate. He stated that the ordinance became effective the date it was published in the paper, and he then read an excerpt from the ordinance under Section 13-151. He stated that it is a law; it was passed by the Council; and that he had reported to the Engineering Department that the company is still excavating in Flour Bluff. Mayor Pro Tem Rhodes requested an explanation from Staff, and City Attorney George stated that he advised the Council when that ordinance was voted upon, and that he also told Mr. Hansler, that the ordinance was not in effect for the excavation that was then existing, and that it cannot go back and interfere with a contract that was already entered into, noting that Mr. Hansler was present at that meeting. Council Member Guerrero pointed out that this has been taken to the courts and settled in the courts. Mayor Pro Tem Rhodes inquired if there was a time limit, and Mr. George replied it was his understanding that it is a contract for a certain specific amount of sand. Mr. Luis R. Corona, 2805 David, spoke in reference to animal control and complained about the opposums that are running loose in the City. He stated that the City needs to get the opposums under control and noted that as of November 1, he was informed that the City could no longer pick the opposums up, and that they had to be delivered to Animal Control. He stated that there is a need for more employees in Animal Control. Council Member Guerrero stated that this is a serious health problem, and that he thought the City should look into the possibility of exterminating the opposums instead of trapping them and picking them up because of a rabies problem. He asked for a report from the Staff as to what can be done. City Manager McDowell stated that he had discussed this problem with Dr. Sisley, and she indicated it was a temporary move to not pick up the opposums for about a six-week period as they were concentrating on picking up stray dogs because of the increasing dog population. Mr. Pinkie Eldridge, 451 Bartlet, owner of Pinkie's Taxi Service, presented a letter to the Council and requested that the taxicab owners be able to attach a fifty cent service charge to each fare to and from the airport. He stated that taxicab owners are required by the City ordinance to pay $600 per year, per unit, to operate from the airport and that they pay $350 a year, per unit to operate in the City. .nutes itegular Council Meeting November 17, 1987 Page 18 Council Member Berlanga noted that Mr. Eldridge's request is very legitimate, and he hopes that the Council will concur with his request. Council Member Guerrero requested that the Staff consider the .50Q surcharge. Mr. J. E. O'Brien, 4130 Pompano, spoke in reference to the Murray property. He stated that when he last spoke to the Council about this matter, the City Attorney told the Council the possibility of litigation if they did not proceed with the purchase of the Murray property. He stated that he has read in the paper that there is a William Murray who is the Director of Development of the Aquarium Association, and if this is the same William Murray, he asked the Council if they really thought he would file litigation against the City concerning land that he was given that he did not pay for. Mr. O'Brien stated that Mr. Murray gave as one of the reasons to close Canal Street that it would increase the City's tax rolls, and that to date, no property taxes have been paid on the Canal Street property because it belonged to the City and was never replatted as required by the 1984 ordinance, so it in effect remains City property. Mr. O'Brien continued by stating that another fact concerning the 1984 ordinance is that another mistake was made by the Staff. He stated that there is a sewer line that goes down the middle of Canal Street; no easement was included in that ordinance; it is the view of the attorney that omitting any easement for a sewer line would void that 1984 ordinance; and that subsequently, the property still belongs to the City. Mr. O'Brien then discussed a memo from Mr. Hennings dated November 11. Mr. Eusebio Flores III, 821 Post, stated that he understands that the City charges the CCISD for uses of the City facilities even though the City uses the CCISD's facilities more then they use the City's. He wanted to know if there could be a discount for CCISD when they use the City's property. He referred to a specific incident concerning a dance where the price was too high. City Manager McDowell explained that the school district and the City have had an informal unwritten agreement for a number of years for the joint use of their facilities. He stated that the City has a budget of $13,000, and that there has never been a problem until this year. He noted that this year, the school district scheduled over $130,000 worth of events without telling the City. He stated that Staff is in the process of setting up a meeting with the school district for sometime in the near future. Mr. Jon Kelly, 4802 Goldeneye, stated he is representing the petitioners seeking to remove Frank Mendez from the City Council. He stated that as of this date, they have yet to receive any of the paperwork they requested from Mr. Mendez; he has been informed by Attorney George that Mr. Mendez' attorney brought some of the paperwork over to Mr. George's office and allowed him to review it, and then he took it back. He stated that Mr. George had a telephone conversation with Mr. Adams, and they will be allowed to go to Mr. Adams' office and look at the material and copy it. nutes ..egular Council Meeting November 17, 1987 Page 19 Mr. Kelly stated that Mr. Mendez' attorney is telling the Council what is relevant and not relevant. He stated that they are willing to stand by what they prove on November 24. He noted that the Council needs to be aware that the City Charter does place a burden on a person that is involved in City government, and Mr. Mendez, in refusing to turn over the documents requested is something that Mr. Mendez and the Council will have to live with. Mr. Kelly requested that Mr. Mendez turn over the papers immediately. Mr. H. H. Miller, 1605 Bois Darc, inquired about the date, time, and place of the Frank Mendez hearing, and the Mayor provided him with those answers. Ms. Carmen Ramirez, 1758 Yale, stated that presently the City employs people who clean up the beaches and parks, and that there have been recommendations to hire private contractors to work those areas. She inquired how the City is going to benefit from these private contractors, and what is going to happen to the employees. City Manager McDowell explained that the beaches are cleaned under contract with Nueces County. He stated that the City is considering privatization and not replacing employees who leave thru attrition, and as it becomes necessary thru privatization that someone be laid off, it is the policy of the City that the company that is taking over that service would absorb those individuals if they wished to go there, or the City would place the employee in another position. Mr. Philip Roenstein, 949 Bobalo, referred to an article in the newspaper about Council Member Moss. He also referred to Election Day and pari-mutuel betting which was endorsed by the Mayor and three Council Members. He objected to the Mayor and the three Council Members giving the public the wrong impression by using their titles, and stated that there should be some kind of policy or code of ethics established on this matter. Mr. David Saenz expressed concern regarding the two hundred letters which were sent to the employees pertaining to early retirement. He referred to the three options which were given to the employees and requested to know what the options were, and Council Member Mendez suggested that the City Manager write a letter in response to Mr. Saenz' questions. Mr. Claude D'Unger 201 Del Mar, referred to the Frank Mendez case and stated that it has taken on the aspects of a witchhunt. He expressed concern about the anonymous tipster who turned in the story to the media, and stated that he would hope that the City Council or the City Manager would make a public appeal for this person to come forward. * * * * * * * * * * * * * In regard to Frank Mendez, Mayor Turner stated that she has contacted the Nueces County Bar Association and asked them to recommend some names of qualified lawyers who would be willing to assist her and the City Council on the admissibility of evidence only. She noted that from the list, she has selected Mr. Todd Hunter, and he has agreed to serve in this capacity. lutes ..egular Council Meeting November 17, 1987 Page 20 The Council went into closed session at 10:25 p.m. to discuss litigation pursuant to Article 6252-17 of V.A.C.S. * * * * * * * * * * * * * The Mayor reconvened the Council Meeting at 10:55 p.m. A motion was made by Council Member Pruet to accept the recommendations of the legal counsel; seconded by Mayor Pro Tem Rhodes and passed by the following vote: Turner, Rhodes, Mendez, Moss, and Pruet voting, "Aye"; Berlanga and Guerrero voting, "No"; Slavik abstaining; Strong absent. The Council discussed the time for the Regular Council Meeting of November 24 and decided to hold the meeting at 9:00 a.m. A motion was made by Council Member Rhodes; seconded by Council Member Pruet to postpone the appointment of the Port Board for one week and passed by the following vote: Turner, Rhodes, Mendez, Moss, Pruet and Slavik voting, "Aye"; Berlanga and Guerrero voting, "No"; Strong absent. 1987. Mayor Turner declared the meeting adjourned at 11:00 p.m. November 17, * * * * * * * * * * * * * 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 17, 1987, which were approved by the City Council on November 24, 1987. WITNESSETH MY HAND AND SEAL, this the ' r; Armando Chapa, City Secretary City of Corpus Christi Betty Tur¢er, MAYOR