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