HomeMy WebLinkAboutMinutes City Council - 12/08/1987PRESENT
Mayor Betty Turner
Mayor Pro Tem Rhodes
Council Members
David Berlanga, Sr.
Leo Guerrero *
Clif Moss
Bill Pruet
Mary Pat Slavik
Linda Strong
MINUTES
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
DECEMBER 8, 1987
9:00 a.m.
City Manager Craig McDowell
City Attorney Hal George
City Secretary Armando Chapa
Mayor Betty Turner called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Reverend Bob DeWolf of St. Christopher by the
Sea Episcopal Church following which the Pledge of Allegiance to the Flag of the
United States was led by Council Member Pruet.
A motion was made by Council Member Berlanga that the Minutes of the
Regular Council Meeting of December 1, 1987 and Special Council Meeting of
December 3, 1987 be approved as presented; seconded by Council Member Strong and
passed unanimously; Guerrero absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner administered the oaths of office to the following appointees:
Nadine Coyle and Jonny Hipp — Landmark Commission; and William Keys — Library
Board.
* * * * * * * * * * * * *
Mayor Turner referred to the Board and Committee appointments. The
following appointment was made by the Council:
Senior Community Services Advisory Committee
Elva Alba
* * * * * * * * * * * * *
MICROFILMED
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* Council Member Guerrero arrived at 9:12 a.m.
Mayor Turner announced the bid opening on the Corpus Christi International
Airport Landscaping Project.
Mr. Victor Medina, Engineering Services Director, opened bids on the
project from the following firms: Greensleeves Landscape, Inc.; Randall &
Blake, Inc.; Sprinkler King; and Chester Lambert General Contractor. Mr. Medina
verified that all companies submitting bids had submitted the required security
bond or cashier's check and acknowledged receipt of the addendum.
Mayor Turner stated that she did not understand why local contractors did
not submit bids, and Mr. Medina stated they were properly notified and picked up
the bid packages.
Mr. Ray Johnson, an owner of Turf and Irrigation, 6801 Weber, stated that
they were in on the initial planning and solicited sub -bids from three different
landscape companies. He stated that the bonding companies will not bond
landscape companies; his company can do the work; but they cannot get bonding in
the City of Corpus Christi.
Discussion followed and Mr. Jessie Vielma, President of Greensleeves
Landscape, Inc., a bidder on the project, gave a brief explanation of why his
company felt it was their best option to submit a cashier's check. He stated
that this in turn can be changed out by the issuance of a bid bond. Mr. Vielma
continued by stating that the bonds are available, including landscaping and
irrigation, and it is just a matter of trying to solicit and establish yourself
in the bonding community.
After more discussion by the Council on this matter, Council Member Strong
suggested an alphabetical list of bonding companies be made available to the
bidders, and Mayor Turner requested that the City Manager provide the
information to Mr. Medina.
Mayor Turner expressed appreciation to the bidders for submitting bids on
the above project.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions 1 thru 6, noting
that Motions 2, 3, 4 and 5 be withheld for discussion.
A motion was made by Council Member Moss to approve Motions 1 and 6;
seconded by Council Member Guerrero and passed unanimously.
1. M87-0389
Approving plans and specifications and authorizing receipt of bids on
January 5, 1988 for the relocation of a sanitary sewer line to clear
proposed construction of a raw water reservoir at the 0. N. Stevens Water
Treatment Plant.
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2. M87-0390
Approving plans and specifications and authorizing receipt of bids on
January 5, 1988 for sliplining approximately 7,300 linear feet of the Oso
Trunk Sanitary Sewer.
3. (Delayed) - See Page 4
Awarding a contract to Coastal Sweeping and Disposal Services, Inc. for
street sweeping services at a cost of $223,045.07 for the first year based
on low bid.
4. M87-0391
Approving award of supply agreements for furniture to the following based
on low bids. Terms of the contracts will be for twelve months with options
to extend for an additional twelve months, subject to the approval of the
seller and the City Manager, or his designee.
a. Yochem's Business and
Residential Interiors
Corpus Christi, TX
Estimated Total: $295,000
Net, F.O.B. Destination
b. Texas Office Supply Co.
Corpus Christi, TX
Estimated Total: $86,500
Net, F.O.B. Destination
c. Braswell's Office Systems
Corpus Christi, TX
Estimated Total: $52,500
Net, F.O.B. Destination
d. L.O.P.C.
Corpus Christi, TX
Estimated Total: $12,100
Net, F.O.B. Destination
ESTIMATED GRAND TOTAL: $446,100
5. M87-0392
Approving contracts with the following companies for manual food service,
vending service, and coffee service for the new City Hall.
Contractor
The Sunrise Vending Co.
Coca-Cola Bottling Co.
Estimated Annual
Service Revenue
Manual Food Service $ 4,200.00
Coffee Service 2,100.00
Snack Vending Service 4,510.00
Total $10,810.00
Soft Drink Vending Service $10,920.00
GRAND TOTAL $21,730.00
The manual food service contract will be for a period of three years;
vending and coffee service contracts will be for one year. All contracts
shall have options to renew.
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6. M87-0393
Approving two-hour time limited free metered parking for Christmas shoppers
on designated streets in the downtown area from December 14, 1987, through
January 4, 1988.
In reference to Item No. 2 concerning the Oso Trunk Main Sliplining, Phase
IV, Council Member Slavik stated that some residents are concerned that the
Staff is planning to add onto the Oso plant and requested that the Staff comment
on this matter.
City Manager McDowell provided a brief explanation and stated that money
was set aside in the Bond Program, and there are a number of sites on the south
side that the Staff is identifying for a potential new plant. He stated that
the Staff's plan is not to expand the Oso plant, and that the long range plan is
to build a new plant. Mr. McDowell further stated that Staff is contemplating
an expansion to the Westside Plant.
In reference to Item No. 3 concerning the Contract for Street Sweeping
Services, Mayor Turner inquired if the City submitted a competitive bid or if
the Staff took the numbers from the budget, and City Manager McDowell replied
that Staff studied the cost to the City for existing service, and that is what
is reflected in the memorandum. Mr. McDowell noted that another option the
Council may want to consider is not doing any sweeping at all.
Discussion followed and in answer to a question from the Mayor, Mr.
McDowell stated that portions of the service are a necessity, such as the
Central Business District and the Uptown Business District.
Council Member Pruet inquired if the City has the option of awarding the
first or second part of the contract, and Mr. McDowell replied that the
appropriate way would be to award the contract and then issue a change order.
After more discussion, a motion was made by Council Member Slavik to delay
awarding the contract until after next week's Budget Committee meeting, and at
that time the Committee will provide a recommendation to the Council. The
motion was seconded by Council Member Moss and passed unanimously.
Mr. Mickey Schubert, District Manager for Browning Ferris, a bidder on the
street sweeping project, referred to a change order and requested that if the
Council decides to change the sweeping proposals, they go out for new proposals.
In reference to Item No. 4 concerning Approving Award of Contracts for
Furniture, Mayor Pro Tem Rhodes inquired if this is additional furniture for the
new City Hall or replacement furniture, and City Manager McDowell replied it is
furniture for the new City Hall, and that the new City Hall was designed for
modular furniture, and in some respects it is new and in some respects it is
replacement furniture. Mr. McDowell continued by stating that it was budgeted
as part of the City Hall plan; the bids are the best the City is going to get;
and it does not affect the General Fund. Mr. McDowell recommended approval of
the contracts.
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Mayor Pro Tem Rhodes stated that the majority of the furniture is
modular and she referred to the itemized list of proposed furniture.
questioned the need for new conference tables.
Assistant
furniture
furniture
furniture
serviceable.
filing areas,
Garza pointed
that
for
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City Manager Juan Garza stated that there is a small amount of
is modular, but the vast majority of furniture is replacement
existing furniture. Mr. Garza pointed out that some of the
be used; some cannot; some of it fits; and some of it is
He noted that the new City Hall calls for more conference rooms,
and furniture for the public areas and Council Chambers. Mr.
out that the City is buying the furniture for less than cost.
In answer to a question from the Mayor about phasing the furniture in, Mr.
Garza stated that the City would not get such excellent bids in the future
because cf the size of the contract. He stated that the City is dealing with
local venders, and the monies have been set aside in the City Hall Bond Fund.
In answer to a question from Mayor Pro Tem Rhodes about using the money for
something else, Mr. McDowell stated the money would have to remain in the City
Pall Bond Fund until the project was completed, and Mr. Garza stated that Staff
would want to use the money for City Hall related projects, and he recommended
as a last resort to put the money into debt service. Mr. Garza presented the
Council with a City Hall preliminary project budget list.
Mayor Pro Rhodes stated that there is the same amount of Staff and she did
not see any rationale for all the new furniture.
Discussion followed and Council Member Berlanga suggested a committee be
appointed to study the project budget list and make recommendations to the
Council. He noted that he would like to see new furniture in the new City Hall
wherever it is needed.
Mr. Garza stated he believed that as the City replaces furniture in the
future, as the funds become available, the City will end up paying more money.
Mr. Garza referred to the computers in the computer room and how special they
are treated and noted that if the City could treat their employees as well as
the machines are treated, he wondered how much more productive they could be.
He urged the Council to make this sacrifice for the employees.
After more discussion, Mr. McDowell pointed out that the Council has told
the Staff to push the Bond Funds and to move the bond projects forward, and here
is a chance to help four local vendors. Mr. McDowell continued by stating that
if the City dces not purchase at this particular time and close out the bond
project, purchasing the furniture in the future would be a General Fund
expenditure.
Mr. Garza reiterated the need for furniture in certain areas and stated
that the Staff did review all priorities. He then noted that the water, gas and
wastewater departments with enterprise funds could pay for their own furniture
as a way of relieving the City Hall Bond Fund.
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In answer to a question from Council Member Slavik, Mr. Garza stated that
the City has furniture which is thirty years old and noted that the City
Manager's furniture, and furniture for JTPA and the Data Processing Director
would not have to be replaced, and Mr. Bob Kipp, an architect for the City Hall
project, pointed out that the proposed furniture is good quality furniture; it
is not expensive; and it will last about 15 to 20 years.
Council Member Strong recommended that Mr. Garza provide the Council with a
prioritized list. She stated that the Council needs to know what the Staff
thinks is essential, and if the City will get the same prices if less furniture
is ordered. She noted that the Council should keep in mind that essentially the
City is getting $1 million worth of furniture for less than $500,000 because it
was mentioned that Mr. Ed Martin had set aside an extra $500,000 because the
Staff had anticipated the purchase would cost about $1 million.
After more discussion, Council Member Pruet inquired how much of the
$446,000 is allocated to departments for which furniture could be funded from
the Enterprise Funds, and Mr. Garza stated that the information could be
provided to the Council next week.
Council Members Moss and Guerrero supported the Staff's recommendation and
Mr. Guerrero stated that when a multi-million dollar corporation is run, $22,000
a year for the life of the furniture is absolutely minimal and could be made up
in other ways.
In reference to Item No. 5 concerning Approving Contracts for Manual Food
Service, Vending Service, and Coffee Service for the New City Hall, Council
Member Moss inquired about if it could be made a policy not to allow any
coffee -makers in offices, and City Manager McDowell replied they will be held to
a minimum, but that there are certain places where they would be appropriate.
Council Member Berlanga inquired if the food service will be up for bids
and stated that the City has always given the contract to the Commission for the
Blind, and City Manager McDowell replied this is the result of competitive bids;
the City did receive bids from that organization, as well as others; and the
Staff's recommendation is that the City go with Sunrise Vending and Coca Cola
and not continue their contract with the current provider, and Mr. Garza stated
that the Staff has initiated discussions with the recommended vendor and
inquired if they had any objections to hiring the handicapped, and the answer
was they would not have any objection. Mr. Garza stated that the Staff is
working to try to accommodate the present situation and all parties concerned.
A motion was made by Council Member Slavik to approve Motions 2, 4 and 5;
seconded by Council Member Guerrero and passed; Turner and Rhodes voting, "No"
on Motion No. 4.
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Mayor Turner called for consideration of Consent Resolutions, Ordinances
and Ordinances from previous meetings on Items 7 thru 14, and Council Members
requested that Items 8, 9, 10 and 11 be withheld for discussion.
Mayor Turner noted that in reference to Item No. 7 concerning the Rules of
Decorum for Council Meetings that Mayor Pro Tem Rhodes has submitted some
suggestions and urged the Council to accept her recommendations.
Mayor Turner called for comments from the audience.
Mr. Philip Rosenstein spoke in reference to Item No. 7 and stated that he
was misquoted in the Caller Times and that he did not object to endorsements by
the Council of horse racing but objected only to the use of their titles. He
noted that he takes exception to an insinuation made by Council Member Strong in
a newspaper article and requested an apology from Mrs. Strong. Mr. Rosenstein
stated that the sign he presented at the Council Meeting was not political and
was a part of his presentation, and that it was discourteous of the Mayor to
order Attorney Hal George to remove his sign. He noted that no one has the
right to touch his property and that he believes in freedom of expression and
speech. He then requested an apology from Mayor Turner.
Ms. Donna Hodge, 3626 Redwood, stated that if the audience must conduct
themselves accordingly, the Council should stay seated and listen whenever
business is being discussed during the Council Meeting.
City Secretary Chapa polled the Council for their votes and the following
were passed:
7. RESOLUTION NO. 20102
ADOPTING RULES OF DECORUM FOR THE ORDERLY CONDUCT OF THE BUSINESS OF THE
CITY; PROVIDING FOR SEVERANCE.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero voting,
"No."
12. ORDINANCE N0. 20107
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS:
Everhart, Wooldridge Roads and Patton Street - 1. Everhart Road, west side
only, from Shadowbend Drive to Middlecoff Road, 2. Wooldridge Road, from
200 feet west of Patton Street to Cimmaron Boulevard, and 3. Patton Street,
from Holly Road south for 800 linear feet; FIXING A LIEN AND CHARGE, THE
MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and
Strong voting, "Aye."
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13. ORDINANCE NO.20108
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENTS OF: State
Highway 44 and Farm Market Road 2292 - 1. S.H. 44, from west of Clarkwood
east 4100 linear feet to Gilliam Lane, and 2. F.M. 2292, from S.H. 44 south
for 2050 linear feet; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik
and Strong voting, "Aye."
14. ORDINANCE N0. 20109
APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR
THE IMPROVEMENT OF THE FOLLOWING STREET: State Highway 44 and Farm Market
Road 2292 - 1. S.H. 44, from west of Clarkwood east 4100 linear feet to
Gilliam Lane, and 2. F.M. 2292, from S.H. 44 south for 2050 linear feet;
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 A MEETING OF THE CITY COUNCIL ON JANUARY 12,
1988, 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, Slavik
and Strong voting, "Aye."
In reference to Item No. 8 concerning the Park Road 22 Utility Adjustments,
Parcel 4, Council Member Moss inquired if it is necessary that this item be on
the agenda for such a small amount of money, and City Manager McDowell replied
in the affirmative because it is appropriating money. He noted that the Staff
is studying the way this procedure is handled so that it could possibly be
changed.
In answer to a question from Council Member Moss in reference to Item No. 9
concerning the Bear Lane Sanitary Sewer Trunk, and Director of Engineering
Victor Medina stated this is the actual cost that the City took bids on; there
is a unit cost for this item; and this happens on all sanitary sewer projects.
In answer to a question from Council Member Slavik, City Manager McDowell
stated it happened as a result of the way it was surveyed and could have been
avoided if it had been surveyed differently, and that it was a unique problem.
City Secretary Chapa informed the Council that his office received a
conflict of interest affidavit from Council Member Pruet in reference to Item
No. 9 and noted that Mr. Pruet will abstain from the discussion and vote on Item
No. 9.
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In reference to Item No. 10 concerning the Public Safety Communications
System, Mayor Turner inquired if these repairs will be incorporated into the new
communications system, and City Manager McDowell stated this is money well spent
on the system as it presently exists to do the necessary repairs and fine
tuning, and some of those may become a part of the new system. Mr. McDowell
noted that the Staff has not fully identified, and will not know for about a
year, what the total system will be.
In answer to a question from Mayor Pro Tem Rhodes, Mr. McDowell noted that
it was the Council's decision to take $150,000 out of one project, and advance
it to begin to make immediate repairs to the radio system. He noted that with
the sale of the bonds, the $150,000 will be repaid.
In answer to a question from Council Member Slavik regarding the time frame
on the new system, Mr. McDowell stated that the City entered into a contract
with a consultant; it was a twelve-month contract; and he suspects within the
next eight months the Staff will know what kind of system and what kind of
equipment will be needed. Mr. McDowell stated that in reference to the new
facility, it will be about mid -fall of 1988 before construction is started and
it will be abcut an 18 -month to two-year project.
In answer to a question from Mayor Pro Tem Rhodes on Item No. 11 concerning
the Sidewalk Improvements - Everhart Road, Wooldridge Road and Patton Street,
Mr. Medina stated that was the section requested by the school district.
Mr. Dale Pittman, a representative of Construction Assistance Co., stated
they were the low bidder on this project, and that there was a mistake in the
pricing unit on the bid from A. Ortiz Construction who ended up being the actual
low bidder. He asked that before the contract is awarded that the Council go
back and lock at this method of award, and as to where it is justified to award
a contract for such a low price.
City Manager McDowell stated there was an error in the difference between
what was written and the actual numbers that were put down, and it is the City's
policy to go with what is written and spelled out versus the numbers.
In answer to a question from Council Member Guerrero, Engineering Director
Medina stated that A. Ortiz was the low bidder, and the City will save about
$4,000 with this contract award.
Discussion followed and Mr. McDowell noted that the Staff has looked at
ether alternatives, and Mr. Medina recommended to continue this same procedure
but that it could be studied again.
City Secretary Chapa polled the Council for their votes and the following
were passed:
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8. RESOLUTION NO. 20103
APPROPRIATING $3,315 FROM THE 250 SANITARY SEWER BOND FUND FOR ACQUISITION
OF PARCEL 4 IN CONNECTION WITH PROJECT 250-87-44-5.1, PARK ROAD 22 UTILITY
ADJUSTMENTS.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye."
9. RESOLUTION NO. 20104
APPROPRIATING $87,000 FROM THE 250 SANITARY SEWER BOND FUND FOR CHANGE
ORDER NO. 3 TO THE CONTRACT WITH J & B CONTRACTORS, INC. DBA SOUTH TEXAS
UTILITY CONTRACTORS FOR ADJUSTMENT OF QUANTITIES IN EACH CUT BRACKET TO
REFLECT ACTUAL DEPTH CONDITIONS DURING THE CONSTRUCTION PROCESS.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Guerrero, Moss, Slavik and Strong voting, "Aye"; Pruet
abstaining.
10. RESOLUTION NO. 20105
APPROPRIATING $150,000 FROM THE BOND FUND ACCOUNT FOR THE PUBLIC SAFETY
RADIO COMMUNICATIONS TO PROVIDE FOR NEEDED INTERIM REPAIRS TO THE PRESENT
PUBLIC SAFETY COMMUNICATIONS SYSTEM.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye."
11. RESOLUTION NO. 20106
AUTHORIZING THE EXECUTION OF A CONTRACT WITH A. ORTIZ CONSTRUCTION &
PAVING, INC. FOR SIDEWALK IMPROVEMENTS ON EVERHART ROAD, WOOLDRIDGE ROAD,
AND PATTON STREET; APPROPRIATING $132,644.77.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye."
* * * * * * * * * * * * *
Mayor Turner called for consideration of Items 15 thru 20 and Council
Members requested that Items 15, 17 and 20 be withheld for discussion.
There were no comments from the audience on the above items.
City Secretary Chapa polled the Council for their votes and the following
were passed:
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16. SECOND READING
AUTHORIZING THE EXECUTION OF A FIVE YEAR LEASE AGREEMENT WITH THE U. S. ARMY
CORPS OF ENGINEERS FOR THE LEASE OF A SLIP IN THE MARINA.
The foregoing Ordinance was passed on second reading by the following vote:
Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting,
"Aye."
18. SECOND READING
AUTHORIZING THE EXECUTION OF A TEN-YEAR LEASE AGREEMENT WITH KAMPING
PLEASURES, INC. (KOA CAMPGROUND) ON A 40 -ACRE TRACT OF LAKE CORPUS CHRISTI
RESERVOIR LAND FOR RECREATIONAL PURPOSES; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
The foregoing Ordinance was passed on second reading by the following vote:
Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting,
"Aye."
19. SECOND READING
AUTHORIZING THE EXECUTION OF A TEN-YEAR LEASE AGREEMENT WITH ROBERT A. ROTH
DBA SUNRISE BEACH ON A 45 -ACRE TRACT OF LAKE CORPUS CHRISTI RESERVOIR LAND
FOR RECREATIONAL PURPOSES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The foregoing Ordinance was passed on second reading by the following vote:
Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting,
"Aye."
In reference to Item No. 15 concerning Permits Required for Commercial
Activity in the Marina, Council Member Berlanga expressed concern about the
detrimental effect of this ordinance on the small operator and that he believes
the City is violating their rights. He noted that the City should stick to the
management of the marina as far as operations and safety are concerned and leave
the health and construction up to other City departments.
Mr. Berlanga continued by stating that he did not think that too much authority
should be given to one person in the marina. He suggested suspending the second
reading of the ordinance until the Council has had time to talk to people at the
marina.
Mayor Pro Tem Rhodes noted that she is in support of the ordinance and
referred to long-term health hazards. She requested that the amendment made at
last week's Council Meeting be put in the ordinance regarding the deheading of
the shrimp.
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Council Member Strong concurred with Mrs. Rhodes and stated that it is
important that the single boat -owner have the ability to sell their shrimp
directly to the public because that is the only way they can compete. She noted
that the services at the marina should not be duplicated.
City Manager McDowell noted that this ordinance brings the City into
compliance with the state law and that the state law precludes shrimpers from
selling their catch unless they do it off the boat they catch it on.
Mr. Reuben Lara, 4225 Lara, apologized for his conduct at the Council
Meeting last week and referred to various sections of the proposed ordinance
which he is in opposition to. He stated that he likes and gets along with
Marina Superintendent Bob Bruner but is worried about someone else coming in and
having so much power in the marina. Mr. Lara asked that he be allowed to
regulate his own boat.
Discussion followed and in answer to a question from Mayor Pro Tem Rhodes,
Marina Superintendent Bruner stated that there is an appeal process in the
ordinance; they can appeal to the City Manager or the City Council; and he
stated that the ordinance pertaining to this is almost twelve years old. He
stated that the only real change is that the boat has to be operable.
Council Member Strong made various suggestions and additions to the
proposed ordinance which will be reflected in the third reading of the
ordinance.
Ms. Angie Bodukagulu, 1426 Buenos Aires, stated that the marina needs
consistency between the vendors and shrimpers and it should be decided on who is
going to sell, who is not and where.
In reference to Item No. 17 concerning the Library Board Ordinance, Council
Member Moss referred to SECTION 1, Paragraph 3 of the Ordinance and stated that
there is nothing wrong with the Library Board accepting money. He stated that
we may be discouraging the auxiliary from working to do this and suggested
changing the wording in Paragraph 3 from "persons, firms, foundations, or
corporations" to "government entities."
Mayor Pro Tem Rhodes disagreed with Mr. Moss and stated she could not go
along with that suggestion because it would be restrictive.
Council Member Moss made a motion to incorporate the aforementioned change
in the wording and the motion died for lack of a second.
In reference to Item No. 20 concerning the Amendment to Platting Ordinance
- Private Streets, Council Member Slavik referred to Page 2, Item K of the
amendment and inquired why might the City find it advantageous in the future to
accept a private street as a public street, and City Manager McDowell replied a
subdivision is initially built with private streets and eventually may want to
turn it over to the City. He stated that the City has nothing against taking
private streets, but they need to be built and constructed and maintained to the
standards that the City does for all other streets.
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Council Member Slavik requested a legal opinion, and City Attorney George
stated that it clearly says if approved by the City Council; it is a
discretionary kind of action whether the Council accepts the street or not, and
it has to meet City standards.
There were no comments from the audience on Item No. 20.
Assistant City Secretary Zahn polled the Council for their votes and the
following were passed:
15. SECOND READING
AMENDING THE CITY CODE, CHAPTER 12, BOATS, BAYS AND WATERWAYS, BY DELETING
SECTION 12-47, PERMITS REQUIRED FOR COMMERCIAL ACTIVITY; REGULATIONS, IN
ITS ENTIRETY AND SUBSTITUTING THEREFOR A NEW SECTION 12-47; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance was passed on second reading by the following vote:
Turner, Rhodes, Moss, Pruet, Slavik and Strong voting, "Aye"; Berlanga
voting, "No"; Guerrero absent at the time the vote was taken.
17. SECOND 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 second reading by the following vote:
Turner, Rhodes, Berlanga, Pruet, Slavik and Strong voting, "Aye"; Moss
voting, "No"; Guerrero absent at the time the vote was taken.
20. SECOND READING
AMENDING THE PLATTING ORDINANCE, SECTION IV, DESIGN STANDARDS, SUBSECTION
A, STREETS, BY ADDING PRIVATE STREETS TO BE DESIGNATED AS SUBSECTION A.19;
AND PROVIDING FOR SEVERANCE.
The foregoing Ordinance was passed on second reading by the following vote:
Turner, Rhodes, Berlanga, Moss, Pruet, Slavik and Strong voting, "Aye";
Guerrero absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the San Antonio Street Closure
Request.
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Regular Council Meeting
December 8, 1987
Page 14
Director of Engineering Services Medina stated that Mrs. Ruth Squibb has
applied to the City for closure of a 10 -foot wide by 175 -foot long unimproved
portion of San Antonio Street adjacent to Lots 48 through 54, Block 215A, Port
Aransas Cliffs Subdivision. He stated that the Staff has no objection to the
closure of this section of the street on the basis that Mrs. Squibb replat it.
Mrs. Ruth Squibb, the applicant, stated that she and her husband bought
their home in 1958 and since then he has passed away. She stated that the
closure would enable her to sell her home because of the larger lot size and
would increase the tax value of the property. She stated that they had
maintained the property in question for 29 years and it is still like it was
wher they bought it.
Mayor Turner expressed appreciation to Mrs. Squibb for maintaining public
property and informed her that if the request is approved, she will be charged
for the appraisal value of that area.
In answer to a question from Council Member Strong regarding the
replatting, Mr. Medina stated it will take take place in 180 days.
Mrs. Squibb stated that she knew the property would have to be replatted
but did not knew about the charge.
Mayor Pro Tem Rhodes asked Mrs. Squibb if she still warted the closure
knowing she would have to pay for the unimproved portion of the street, and Mrs.
Squibb replied in the affirmative.
A motion was made by Council Member Berlanga to close the public hearing;
seconded by Council Member Slavik and passed unanimously.
A motion was made by Council Member Guerrero to approve that portion of the
street, subject to a replat within 180 days with Mrs. Squibb being charged for
the appraisal value of the area. The motion was seconded by Council Member
Strong and passed unanimously.
* * * * * * * * * * * * *
Mayor Turner opened the next public hearing on an Alley Closure Request -
Block 3, West End Addition.
Director of Engineering Services Medina located the proposed area on the
map and stated that this is a request from a property owner for a 10 -foot wide
public alley between his property and Lovenskiold Park. Mr. Medina stated that
there have been two objections to the closure of the alley, and that the Staff
recommends a Use Privilege Agreement and he gave an explanation of the
agreement.
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Page 15
In answer to a question from Council Member Strong regarding how long Mr.
Olszewski will get to use the property, Mr. Medina stated it all depends on the
development of the adjacent lots.
Mr. Donald Olszewski, 1650 Leopard Street, the applicant, gave a brief
explanation of the reason for his request and stated that he wants to light the
alley; close it off; the Use Privilege Agreement is acceptable to him; and he
wanted some assurance on the length of time of the agreement.
Discussion followed and Mr. Medina explained that the owners who objected
to the alley closure had no objections to the Use Privilege Agreement and that
he thought the agreement would be for about three years with the option to
extend. This was agreeable to Mr. Olszewski.
A motion was made by Council Member Pruet to close the public hearing;
seconded by Council Member Strong and passed unanimously; Guerrero and Pruet
absent at the time the vote was taken.
In answer to a a question from Mayor Pro Tem Rhodes regarding a fee, Mr.
Medina stated that the City will not be receiving any money.
A motion was made by Mayor Pro Tem Rhodes to direct the Staff to prepare a
L'se Privilege Agreement instead of closing the alley. The motion was seconded
by Council Member Berlanga and passed unanimously; Guerrero and Pruet absent at
the time the vote was taken.
The Council Meeting was recessed at 12:04 p.m.
* * * * * * * * * * * *
Mayor Turner reconvened the Council Meeting at 2:00 p.m.
Mayor Turner called for Council liaison and other reports from the Council.
Downtown Revitalization - Council Member Berlanga stated that they met for
the first time at their new location at 315 No. Chaparrel.
Port Authority - Mayor Pro Tem Rhodes reported they have a 39 percent
increase in their handling and that she has a copy of the Executive Director's
quarterly report.
RTA - Council Member Moss noted there will be a public hearing to discuss
diminishing some of the services that they route and if the discontinuation goes
forward, it will be implemented in early January.
Convention and Tourist Bureau - Council Member Pruet stated that they had
another meeting in regard to the National Collegiate Sports Festival and that
things are looking pretty good.
_nutes
Regular Council Meeting
December 8, 1987
Page 16
Mayor Turner asked the City Attorney if he could rule on the legality of
allowing for an election in District 1 to fill that Council vacancy, and City
Attorney George stated that Attorney Jimmy Bray is presently studying this
matter and will be advising the Council later in the afternoon.
Council Member Slavik informed the Council that she would be unable to
attend next week's Council Meeting because of a commitment during the NLC
Convention and requested to be excused from the Council Meeting.
City Manager McDowell referred to the Botanical Gardens and stated that the
Council authorized the money to extend the water line and that they are
requesting him to execute the lease for the right-of-way with the State Land
Office. The Council indicated that they had no ojbection to this.
Council Member Moss asked the City Manager for a report on the new City
Hall, and Mr. McDowell reported that the new City Hall is on schedule and that
the completion of the construction will be around February 3, 1988. Mr.
McDowell referred to the exercise area at the new City Hall and presented the
Council with a floor plan of the sixth floor where the exercise area will be
located. He stated that the area was included in the plan from the very
beginning and that an Employment Wellness Committee was formed to make a
recommendation for a plan to be patterned after an operation in the Police
Department. Mr. McDowell continued by stating that he has not received the
report from the committee yet, so he does know their recommendations. He stated
that there have been no expenditures for equipment for the area and that shower
and locker room facilities have been built into the construction.
Council Member Strong stated that she thought productivity goes up when
exercise is something that is encouraged and suggested a committee to go out to
the public for donations for equipment because the City cannot afford to
purchase the equipment.
Discussion followed and Council Member Pruet inquired about a tour of the
new City Hall for the Council Members, and it was decided that the tour will be
held on December 22 at noon.
* * * * * * * * * * * * *
Mayor Turner called for petitions or information from the audience on items
not listed on the agenda.
Mr. Frank Stevens, 1733 Caribbean, spoke in regard to the recent excavation
in Flour Bluff which he is opposed to. He stated that it is a commercial
activity in a residential area; the depth of cut appears to be far greater then
the 12" cut; and that they are not in compliance with the verbal guidance which
was discussed. He stated that it shows no signs of ceasing, and appears to be in
violation of the ordinance the Council passed on November 3. He requested the
Council to require that the excavation cease.
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Regular Council Meeting
December 8, 1987
Page 17
Council Member Strong stated that it was made very clear that the ordinance
that was passed on November 3 was not a retroactive ordinance and that the
project referred to could not be regulated by the ordinance as amended.
Council Member Slavik inquired how long the excavation has been going on,
and Director of Engineering Services Medina replied about three to four months;
Staff is in the process of monitoring the project daily and weekly; and it does
match what the Council agreed to.
In answer to a question. from Mayor Pro Tem Rhodes regarding a grandfather
clause, City Attorney George stated that typically it is effective from that day
forward and not retroactive but in reference to this case, the activity was
already in place and going on, and there is no requirement for a grandfather
clause. He further stated that this contract was a quantity type contract; it
is for one foot; and that will be the end of it.
Mr. Jce Hansler, 1515 Caribbean, Flour Bluff, stated he resides across from
the excavation and intends to appear before the Council until a decision is made
on an agenda item where facts can be presented by an attorney representing
himself. He stated that his is a reasonable request that the commercial and
industrial operation in a residential area can be addressed by his attorney.
Mr. Hansler continued by stating that he is under the impression that in order
to place an item on the agenda, it must be requested by five Council Members.
He stated that he believes there are three violations and requested that it be
put on an agenda.
City Attorney George stated that the contract was in place when the
ordinance was passed; it is a valid contract; and that the excavation did not
require a permit at that time. He stated that Mr. Hanlser has filed a lawsuit;
as far as he knows the lawsuit is still pending; and he has not received a copy
of any dismissal.
In answer to a question from Mayor Pro Tem Rhodes regarding if the contract
could be cancelled on the grounds it is in violation of the zoning, City
Attorney Gecrge stated it could be stopped; but that the Staff is of the opinion
that it is not in violation of any zoning ordinance.
Council Member Guerrero asked Mr. Hansler if he has gone to court on this,
and Mr. Hansler replied in the affirmative. Mr. Guerrero stated the Council
passed the ordinance that he requested; he took it to a court; the court denied
it; and as far as Council Member Guerrero is concerned that is the end of it.
Ms. Donna Hodge, 3626 Redwood, representing the Citizens Organized for
Public Safety, presented 4500 signatures in support of the new communications
system, more manpower and better patrol cars for the Police Department. She
stated that they do not feel the safety of the citizens of Corpus Christi should
be subject to budget cuts, and asked if the plans for the new police building
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regular Council Meeting
December 8, 1987
Page 18
have been prepared, and City Manager McDowell replied they have not; space
allocation studies have been done to determine what is needed and now have to be
given to the architect to draw the plans. Mr. McDowell stated that that they
will go to bid in late summer or early fall of 1988, and he also gave a brief
explanation of the different phases concerning the time frame for the new police
communications system.
Mr. Philip Rosenstein stated that there should be some rules of etiquette for
the City Council who use their titles and names to endorse controversial issues,
mainly the Corpus Christi Economic Area Development Corporation who endorsed
horse racing. He displayed a sign which he recently had at a Council Meeting
and that it was pertinent to an incident referred to in a recent newspaper
article. He stated that he was denied the proper legal procedure during the
Council Meeting.
Mayor Turner asked Mr. Rosenstein if he was aware of the Resolution for
Rules of Decorum adopted by the Council that morning and requested him to remove
his sign.
City Attorney George also made the same request.
Mr. Rosenstein removed his sign and put on a T-shirt which read "Return
Democracy to City Hall" and objected to the Resolution passed that morning.
Mr. David Noyola, 4433 Valdez, expressed concern about the District 1 race
and stated that District 1 needs representation now. He asked how much more
money will be spent if there is an election and expressed the opinion that the
money could be spent more wisely elsewhere. He stated that he thought the
Council should make their decision quickly.
Henry Whitman, 130 Hywood, representing the Police Officers Association,
referred to the new code of ethics adopted and inquired if it pertained to
T-shirts. He stated that there is a police officer present at each Council
meeting and the officer should not be asked to enforce rules that are not in
violation of the Penal Code.
The Mayor declared a short recess before discussion on the Budget Report.
* * * * * * * * * * * * *
Mayor Turner reconvened the Council Meeting at 2:56 p.m.
City Manager McDowell introduced Mr. Jesus Garza, newly appointed Assistant
City Manager for the City, and provided background information on his experience
with the City of Austin and his qualifications for the position.
Mr. Garza explained that he was very glad to accept the position because he
is a native of Corpus Christi and the position will provide him with a new area
of experience.
.nutes
itegular Council Meeting
December 8, 1987
Page 19
Mayor Turner then called for the budget report on the first quarter of
fiscal year 1987-88.
City Manager McDowell stated that the City is on target with the budget
that was adopted; the revenue and expenditures are according to predictions; but
the staff will continue to monitor the situation with the Council Committee that
was appointed by the Mayor.
Mr. McDowell continued by providing background information as to what is
occurring economically and reiterated that the City is on target with both
revenues and expenditures. He informed the City Council that 101 positions have
been identified that can be eliminated from the budget for a savings during the
following year of over $2 Million. He stated that even with this savings,
an additional $4 Million will be needed in order to replenish the reserves which
was one of the Council aims. Mr. McDowell noted that the study currently being
performed by D.M. Griffith will identify opportunities for raising user fees and
charges in the general fund. He explained that this report will be completed in
the spring and this represents an area where the Council will be confronted with
difficult decisions.
City Manager McDowell stated that the City will not be able to continue
business as usual and it will be impossible to provide the same level of
services as in the past. He stated that with the deletion of the positions
referred to, services have to be reduced to stay within the budget.
Mr. McDowell noted that the City Council's Action Agenda calls for a very
aggressive program and the City will be unable to maintain the level of service
and stay within the budget unless there is either an increase in fees or taxes
or a reduction in services. He noted that there are about 2,000 employees in
the General Fund, which includes police and fire personnel, and policy issues
need to be decided by the City Council. He noted that he has requested the
department heads to submit a 10% expenditure reduction plan to be effective
August 1, 1988. He noted that additional positions will be identified for
elimination as priorities are set for service levels for fiscal year 1988-89.
He also suggested that the City Council will need to make the decision as to
whether the City should continue to fund various organizations.
Mayor Turner agreed that the Council needed to adopt a responsible fiscal
plan philosophy, but inquired if the City Manager was saying that there are only
two options, 1) increase fees and taxes or 2) decrease services, and City
Manager McDowell stated that there is still a need to make the decision as to
how to reduce the budget by $4.8 Million. He noted that the City Council has
received a request from a group during this Council Meeting for additional
police, and that type of reduction would be unacceptable to the public, and
unless revenue is increased, services will have to be decreased.
Council Member Berlanga referred to the situation at the E.I. Dupont Plant
whereby reductions were made in the number of personnel, but through additional
training and changes in the manner of operation, the same production continued.
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Regular Council Meeting
December 8, 1987
Page 20
City Manager McDowell agreed that it would be possible to reduce crews and
by training and changing the method of operating, this would allow the reduction
in costs without damaging services. He assured the Council that staff will work
with the Budget Committee and consider any options suggested.
Council Member Pruet commended the staff for the projected reduction of $2
Million. He stated he had disagreed with some of the positions that are
recommended to be eliminated. He stated that he does not see a $6.8 Million
deficit but rather an $8 Million deficit because there has been no equipment
replacement this year and some of the police and fire equipment is in very poor
condition. He stated that he did not think, however, that the only alternatives
are reducing services or increasing taxes and pointed out that cuts have already
been made. He stated that he was of the opinion that some non-critical services
could be eliminated. He stated that he believed that only after the City
Council makes the commitment to follow cost containment measures by possibly
eliminating more employee positions, and only after all possible cost
containment measures have been taken, can the City Council raise taxes. City
Manager McDowell stated that the problem is in the General Fund that is
supported by taxes.
City Manager McDowell explained that staff is encouraging productivity from
City employees through an incentive program to be aggressively implemented in
early 1988. He stated that staff also hopes that the study by the consultant
will result in a recommendation by increasing revenue at least in the amount of
$650,000 since that is the reduction required before they earn a fee.
Council Member Slavik stated that obviously the City cannot cut public
safety or infrastructure services, and City Manager McDowell stated that he is
not saying that public safety cannot be cut because all departments will be
examined, but probably public safety will have a higher priority than other
areas.
Council Member Strong inquired if the City Manager has asked departments to
reduce the budget in this year's budget, and City Manager McDowell explained
that he has asked for the 10% cut in next year's budget and expressed the
opinion that any further reductions will adversely affect services.
Mrs. Strong continued by stating that the City's foreman/worker ratio was
something everybody was concerned about at the time of the adoption of this
year's budget and suggested that more innovative methods be employed and
possibly have the foreman serve as a worker or have one foreman for several
jobs. She stated that she felt that most people who are working for the City
would be willing to make that sacrifice. Mr. McDowell pointed out that the City
has already approved some privatization of services.
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Kegular Council Meeting
December 8, 1987
Page 21
Mrs. Strong mentioned the fact that one service that could be eliminated
would be the removal by the City of trapped animals, and City Manager McDowell
agreed that there are several non-essential services that could be eliminated.
Mrs. Strong also suggested giving credit on utility bills if citizens perform
mowing and clean-up operations in their areas rather than depending upon the
City to do it, and City Manager McDowell pointed out that the City needs to be
very careful about giving credit on utility bills because this would mean giving
away revenue.
Council Member Moss stated that several references have been made to the
Council Budget Committee and stated that he hoped that no one expected that
Committee to work magic. He explained that they would just be a liaison with
the staff and make recommendations in regard to possible reduction in services,
etc.
City Manager McDowell assured Mr. Moss that the staff views this as a team
effort between the policy makers and the staff.
Mayor Turner stated that she is in favor of a three -fold policy including:
1) cutting expenses, 2) improving services and 3) increasing revenue. She
stated that the City needs a system that sets its goals, measures results, and
provides rewards for performance. She stated that she would like for the
Council to know specifically how a 10% cut will affect a department and how it
translates in services. She stated that she would also like to have information
to identify alternative ways to provide services such as the cost to contract
out for legal services rather than employing more attorneys.
City Manager McDowell stated that he felt that there were always some
situations in which the City will have to contract out for legal services in
specific types of situations, but the City Attorney can handle the normal types
of services. He stated that he did not believe going completely outside for
this type of service would provide monetary relief.
Mayor Turner also suggested that during the City Manager's reorganization,
he consider consolidation of departments, and City Manager McDowell stated that
staff is examining this now.
Mayor Turner also suggested coordination with other governmental entities
for joint purchases and possibly for the expenses for school crossing guards.
City Manager McDowell stated that the cost for school crossing guards is
$250,000 annually and that is something that the Council might consider asking
the schools to be responsible for, noting that the Attorney General has ruled
that this is an expense that the school districts can assume, but stated that
the schools have not expressed a willingness to do this. He stated that staff
did approach Del Mar College and Corpus Christi Independent School District in
regard to the possibility of joint purchasing, and there was no willingness
indicated by either entity to do this.
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ttegular Council Meeting
December 8, 1987
Page 22
Council Member Strong suggested that there are other school districts who
might be willing to consider joint purchasing, and Mr. McDowell agreed that
working with other school districts is a possibility.
Council Member Moss stated that one of the City's problems is that this
City has one of the smallest tax bases per capita in the State and referred to
pieces of property that are not properly appraised. He suggested that this be
discussed with the Nueces County Tax Appraisal District to try to improve the
method of setting valuations. City Manager McDowell agreed that this could be
discussed and the City could also examine additional annexations even though
they are not very well accepted. He also mentioned that the discount for the
early payment of taxes costs the City about $750,000 per year.
Council Member Pruet agreed that the City is suffering from loss of revenue
because of the appraisal practices because using the sale of property as the
basis for establishing property values is not a good method. He inquired as to
how the Tax Appraisal District is made aware of the zoning changes which should
increase the value of property. Assistant City Secretary Zahn informed the
Council that copies of all zoning ordinances are mailed to the Nueces County Tax
Appraisal District as soon as they are adopted by the Council. Council Member
Pruet stated that he would like to have a report as to what occurs after they
have been informed of the zoning changes, and City Manager McDowell stated that
this will be provided to the Council.
City Manager McDowell also stated that the Council has some control over
the Tax Appraisal District through their appointments to the Board and suggested
that they be very careful about future appointees to this Board.
Council Member Moss referred to some property that is undeveloped on which
taxes are not being paid such as the Blanche Moore Tract. City Manager McDowell
stated that in regard to that piece of property, the City will be allowed to go
back five years to collect taxes on the portion that has just been platted and
sold. He felt that this would generate about $1 Million.
Mayor Turner stated that in summary, she felt that the City Council is
willing to make decisions to reduce expenses but services should be improved and
they did not want a tax increase, and City Manager McDowell stated that he did
not think that that was possible. He stated that at this point, he would hate
for the Council to say that they will not make the decision to increase taxes.
Discussion on the Blanche Moore Tract followed, and City Attorney George
explained that on December 3, Mayor Turner, City Manager McDowell, Mr. Paul
Pearson and Mr. Joe Garcia and himself had met to discuss the tract, noting that
the agreement that was previously signed by the City was still a valid agreement
between the developers and the City. He stated that a precedent had not been
established in relation to the Blanche Moore Tract because there are many things
that the developers agreed to do over and above what the Platting Ordinance
requires.
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..egular Council Meeting
December 8, 1987
Page 23
City Attorney George addressed the Council then and stated that he has an
answer on the question as to whether an election can be conducted in January to
replace the Council Member for District 1. He stated that Assistant City
Attorney Jimmy Bray has researched the matter during the afternoon meeting and
the legal opinion is that the City Charter provides that a majority of the
Council will appoint the replacement for Council Member Mendez and there is no
provision for an election to accomplish this. He stated that the City Charter
is very clear that an election cannot be conducted for this purpose.
A gentleman in the audience objected to the alley closing that was
considered earlier during the meeting and stated that he had not been informed
of the public hearing; he happened to see the notice in the newspaper but was
under the impression that the meeting started at 2:00 p.m.; and stated that he
has access through the alley to his property. He expressed concern that if the
alley is closed at one end, the property owners at the other end will request
closing also which would block his access.
Mayor Turner suggested that the gentleman be informed when the ordinance is
on the agenda for consideration so he may speak to the issue at that time.
Council Member Berlanga stated that he did not know how the suggestion of
an election to fill the position of the Council Member in District 1 was even
considered, and he expected the Council to fill the vacancy in District 1 as
soon as possible.
There being no further business to come before the Council, on motion by
Council Member Strong, seconded by Council Member Slavik and passed unanimously,
the meeting was adjourned at 4:43 p.m.
I HEREBY CERTIFY that the foregoing is a true and correct copy of the
Minutes of the Regular Council Meeting of the City of Corpus Christi of December
8, 1987, which were approved by the City Council on December 17, 1987.E
WITNESSETH MY HAND AND SEAL, this the day of
etty Turn -r, MAYOR
Armando Chapa, City Secreta
City of Corpus Christi