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HomeMy WebLinkAboutMinutes City Council - 01/19/1988MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 19, 1988 9:00 a.m. PRESENT Mayor Betty Turner Mayor Pro Tem David Berlanga, Sr. Council Members: Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing Mary Pat Slavik Linda Strong 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 the Reverend Monte Nabors of the Trinity Church of the Nazarene following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Guerrero. Mayor Turner presented Mayor Pro Tem Rhodes with a Certificate of Commendation for exemplary service as Mayor Pro Tem of the City of Corpus Christi, Texas from the 20th day of October through the 18th day of January, 1988. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. A motion was made by Mayor Pro Tem Berlanga that the Minutes of the Regular Council Meeting of January 12, 1988 and Special Council Meetings of December 28, 1987 and January 9, 1988 be approved as presented; seconded by Council Member Strong and passed unanimously. A motion was made by Council Member Pruet to excuse Council Members Guerrero and Slavik from last week's Council Meeting, because inadvertently, that had not been done last week. The motion was seconded by Mayor Pro Tem Berlanga and passed unanimously. MICROFILMED Minutes Regular Council Meeting January 19, 1988 Page 2 Mayor Turner referred to the Board and Committee appointments. The following appointments were made: Electrical Advisory Board * Port of Corpus Christi Authority Milford Zuch Richard Valls Senior Community Services Advisory Committee Grace Rank Raul Torres (Declined Appointment) * The vote by the City Council for the Port of Corpus Christi Authority appointment is as follows: Turner, Berlanga, Guerrero, Pruet, Rhodes and Schwing for Richard Valls; and Moss, Slavik and Strong for Patty Mueller. * * * * * * * * * * * * * City Manager McDowell requested that Item No. 17 be moved up on the agenda pertaining to Amendments to Ordinance 1119896 - Reinvestment Zone No. 1. He stated that this item deals with the contracts between the City of Corpus Christi, the Corpus Christi Independent School District, Del Mar College and Nueces County on behalf of the hospital district relative to the Reinvestment Zone. Mr. McDowell continued by stating that the City is in the final stages of putting together the bond issue to finance the aquarium and the artifacts expansion to the museum. He stated that there have been some discussions on some minor word changes; there was a Reinvestment Zone Board meeting last Tuesday in which that was discussed again; and it was the consensus of the majority to move forward with these. Mr. McDowell noted that the County Commissioners and the School District have these items on their agenda today and are prepared to adopt them, and the City needs to make the language changes so they can act on them today. Council Member Rhodes inquired about the consequences the City is going to have if Del Mar does not sign the contract, and Mr. McDowell stated that is a separate issue, and there is a meeting today with some members of the Board to further discuss that particular issue. He stated that he believed we will be able to convince them, after discussions, that they should go ahead and sign that. He stated their percentage in the overall project is only 3} percent, and the county and the school district have concurred with the amended agreements. Council Member Rhodes repeated her question about the future consequences with Del Mar not signing, and Mr. McDowell stated that the consequences would be that the City would have to include in the offering statements, a statement to the fact that there isn't total agreement on it, and it may adversely affect the bond sale in terms of the interest rate. In answer to a question from Council Member Rhodes, City Manager McDowell stated that the statute currently provides that the Council may create Reinvestment Zones without consultation; the City has concurred with the Minutes Regular Council Meeting January 19, 1988 Page 3 entities; and that was the agreement that was worked out by Mr. Bushell about a year ago that no future zones would be created until there was consultation. Mr. McDowell noted that Del Mar is demanding a provision that says that no more zones will be created without the concurrence of all parties. He stated staff would not recommend that; it is not practical; and inconsistent with state law. Council Member Rhodes inquired if it really would affect the bond sale if Del Mar did not sign, and City Manager McDowell stated this will be the first bond issue dealing with the Reinvestment Zone in the State of Texas; it does not prevent us from going ahead; but there is a potential that would make it a little less attractive to investors knowing that there may be a potential for litigation in the future. Council Member Rhodes inquired how the City has the right to not give them their share of the money if they don't sign, and doesn't the City already owe them a percentage of that, and City McDowell stated that part of the agreement that was worked out would be for a return of a proportional share after expenses for the issuance of the bonds were removed from the balance in the zone fund as of January 31, 1987. In answer to another question from Council Member Rhodes, City Manager McDowell stated the only way to implement that change is by executing these agreements; the contracts implement that agreement that was reached that calls for the amendment of the plan to allow the aquarium and museum expansion to go forward; and also to provide for the return of taxes. He stated there is no provision to return the funds without the contract. Mr. McDowell continued by stating that if Del Mar does not execute the contract, then they will not be subject to a refund. He stated when you consider the totality of the project, it is a very small percentage that they have. In answer to a question from Mayor Turner, City Manager McDowell noted the new board is meeting for the first time today at 12:00 noon, and he thought the issue would be resolved today. Council Member Slavik expressed concern over Section E of the contract. She read the first sentence of Section E and stated she thought it would be wrong for the City to prevent elected officials from seeking an Attorney General's opinion on anything now and in the future. She requested that this be deleted and stated that public officials should always be allowed to seek a state opinion if they deem it necessary. Council Member Slavik made a motion to delete the following three words from Section E of the contract: "Attorney General's Request." The motion died for lack of a second. City Manager McDowell noted that was part of the agreement that was reached with all the other parties that the language would be included. Minutes Regular Council. Meeting January 19, 1988 Page 4 Mayor Turner reemphasized that all the parties approved this wording in the contract; all the parties signed off; and it was a unanimous vote on behalf of all the representatives who serve on the Reinvestment Zone Board. In answer to a question from Council Member Slavik, City Manager McDowell stated Dr. Rupp had originally approved these contracts and the agreement as specified and worked out by Mr. Bushell and agreed to by all parties. Mr. McDowell continued by stating that the case was settled by the Supreme Court indicating that Reinvestment Zones were constitutional in allowing the process to go ahead. He stated at the time this language was agreed to, there were some attempts to get opinions to the contrary; that matter has been settled; and the City needs to move forward with it because that was the agreement and the language committed to. Council Member Slavik reiterated her concern about the wording and stated she did not see what the harm would be in leaving that out of the contract, and City Manager McDowell replied that agreement was gone over extensively by the attorneys; there is no problem; it is recommended by Judge Barnes; and they are prepared to go forward with it today, as well as the School District. He stated that these are exactly the same contracts, with minor changes, that the Council approved in August. Council Member Pruet stated that once the Supreme Court has ruled on an issue, an Attorney General's opinion will not he needed because the Attorney General cannot overrule the State Supreme Court. Mr. Pruet then gave some background information on how the consensus of opinions came about from the Reinvestment Zone and stated that about a year ago the Council took action to reconstitute the Board; they reduced the Council's representation on the Board to three members so that there will be equal representation; every taxing entity agreed on these projects and agreed on the verbage in the agreement. He stated he did not understand why Del Mar has changed their position and perhaps they did not understand the wording changes. He stated, hopefully, they will reverse their position today. He noted that the City needs to go forward on this; and the longer they delay, the more costly the projects will be. He expressed the opinion that he thought Del Mar will become supportive of it. Mayor Turner urged the Council to move forward on this and approve this contract because failure to do so will jeopardize the aquarium project, Mayor Pro Tem Berlanga expressed his concurrence and stated the City has the obligation to move forward and fulfill their commitment. In answer to a question from Council Member Slavik, Assistant City Manager Tom Utter stated that the contracts are slightly changed from those in August and gave a brief description of the changes. He stated that specifically Item 3E was changed to satisfy Mr. J. W. Gary of CCISD and Del Mar and they have signed off on that. Mr. Utter noted that there are also some technical things the Bond Counsel asked the City to do. Minutes Regular Council Meeting January 19, 1988 Page 5 There were no comments from the audience on this item. City Secretary Chapa polled the Council for their vote and the following Ordinance was passed: 17. ORDINANCE NO. 20166 AUTHORIZING AND DIRECTING THE CITY :MANAGER TO EXECUTE AMENDED REINVESTMENT ZONE NO. 1 CONTRACTS WITH VARIOUS GOVERNMENTAL AGENCIES RELATING TO THE BOARD OF DIRECTORS AND AMENDING THE PROJECT PLAN AND FINANCE PLAN TO PROVIDE BOND FUNDING FOR THE TEXAS STATE AQUARIUM AND THE SHIPWRECK ARTIFACTS MUSEUM, AND VALIDIZATION OF THE ZONE BY AMENDING THE CONTRACT FORMS ATTACHED TO ORDINANCE 19896; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * In reference to Item No. 22 pertaining to closing and abandoning various street rights -of way, two public alleys, and a drainage easement at the Texas State Aquarium site, Assistant City Manager Hennings informed the public that there will be a public hearing on this, and the purpose of it will be to solicit input from the public. Mr. Hennings noted that the Staff is recommending that the streets not be closed until the City has acquired the adjacent property. * * * * * * * * * * * * * Mayer Turner announced the bid opening on the Yorktown Waterline Extension from Cimmaron Boulevard to West Logan Avenue project. Mr. Victor Medina, Director of Engineering Services, opened bids on this project from the following firms: Backhoe Lease Service, Inc.; Larson Plumbing & Utility Co.; McKinney Construction Co.; Perry Construction Co., Inc.; South Texas Utility Contractors; Stefek Construction Company; and Tennessee Pipeline Construction Co. Mr. Medina noted that contractors submitting bids on this project had submitted the required bid security bond or check and noted that Tennessee Pipeline Construction Co. had submitted cash. Mayor Turner expressed appreciation to the bidders for submitting bids on the project. * * * * * * * * * * * * * Minutes Regular Council Meeting January 19, 1988 Page 6 Mayor Turner announced the public hearing on assessments for the Glenoak Drive Sidewalk Improvements, indicating assessments of $9,463.74 on six items. City Attorney Hal George stated that this hearing is required by Article 1105-B of VACS which specifies that the City must prove that the property involved will be enhanced at least in the amount of the assessments. He called as his first witness Mr. Victor Medina. Through questioning of Mr. Medina, Mr. George determined that he has a degree in Civil Engineering from the University of Texas in Austin; he is a registered engineer in the state of Texas; he is Director of Engineering Services for the City of Corpus Christi; and that he is familiar with the project. Mr. Medina testified that the project includes the construction of a sidewalk along the south side of Glenoak Drive from Waldron Road to Saint Peter Street; the contractor is A. Ortiz Construction and Paving Company, Inc. with the low bid of $35,794.00; the project will take 25 working days; and the preliminary assessments are $9,463.74. Mr. George called as his next witness Mr. George Paraskevas to provide his expert testimony on the assessment roll. Mr. George questioned Mr. Paraskevas and ascertained estate broker; he has a broker and real estate license; commercial and residential property; he is familiar with the examined the assessment roll and each parcel. that he is a real he appraises both project; and he has Mr. Paraskevas stated that, in his opinion, all of the property will be enhanced at least in the amount of the assessments. In answer to a question from Council Member Moss, Mr there is a condominium complex that fronts on Glenoak that and the City is assessing the association and not the owners. A motion was made by Council Member Pruet to close seconded by Council Member Guerrero and passed unanimously. It was noted that the Ordinance will be forthcoming couple of weeks. * * * * * * * * * * * * * . Medina stated that has an association, individual property the public hearing; to the Council in a Mayor Turner reconvened the assessment hearing for the I.H. 37/U.S. 77 (Calallen) Interchange Project indicating assessments of $103,526.88 on 36 items. Minutes Regular Council Meeting January 19, 1988 Page 7 City Attorney George stated that this is a reconvened hearing and asked Victor Medina, Engineering Services Director, to bring the Council up-to-date on the reason for reconvening the hearing. Mr. Medina stated there were some questions raised in regard to two of the assessment items at the hearing on the proposed sidewalk, and it was decided to recess the hearing for three weeks so that the Council could go out and study the improvements. Council Member Strong stated she went out and drove around the area for about thirty minutes; she did not think the sidewalk is appropriate; and that she did not think the Cobbs' property will be enhanced at all. She noted that she is surprised that with the highway property line running as close to the Cobbs' house as it is, that the Highway Department is not buying their property. She also referred to the sewer line and stated that there would be trouble in going in and out and walking across to get the mail. She noted that the Cobbs family is in a deplorable situation and that she thought the Council should be sensitive to individual people's needs. Mr. Medina stated that in defense of the Highway Department, they are saying that when they appraised the property, as a part of the settlement in acquiring that right-of-way, damages were included. Council Member Strong expressed concern about the Cobbs and pointed out that their whole living situation has totally changed now and will be changed forever as long as they are on that property. She stated that she thought the property will be impossible to sell. She noted that she did not think the damages for the property purchased goes far enough. Mayor Turner and Council Member Rhodes concurred with Mrs. Strong. In answer to a question from Council Member Rhodes, Mr. Medina stated that the right-of-way line was moved and located the area on the transparency map. In answer to a question from Council Member Rhodes, Mr. Medina stated that the Highway Department requires sidewalks for control of their right-of-way and by Ordinance, the City also requires sidewalks on all of their street improvement projects. Council Member Rhodes inquired if it could be waived, and Mr. Medina replied in the affirmative, stating that it is the Council's decision. He recommended that if one is waived, all of the assessments on the sidewalks for allabutting property owners be waived. He pointed out that the state does not want to waive the sidewalks, and that is their control for their right-of-way. Mr. Medina noted that the City can make a recommendation to the state. Mr. George Paraskevas was asked for his opinion, and he stated that he felt if the sidewalk was not put in and that particular spot was bypassed, that property would lose value if someone at a later date wants to buy it. He stated Minutes Regular Council Meeting January 19, 1988 Page 8 that there is a buyer for all types of properties, and it would not be enhanced if it did not have a curb, gutter and sidewalk. Council Member Guerrero noted that it is a residential piece of property, and once the highway comes through that particular area, the value will be enhanced and that has to be a part of the consideration and a value appreciation set on that particular piece of property. He also expressed concern for the Cobbs and noted that in the near future, the property will appreciate in value. Mayor Pro Tem Berlanga concurred with Mr. Guerrero and stated if the City tries to omit sidewalks from that particular area, they will be establishing a precedent. He stated that if a sidewalk is required by Ordinance and the City staff and appraiser says it will enhance the property in the future, he thought the City should proceed with it. Council Member Strong noted that there are two separate issues, the assessment of curbs, gutters and sidewalks and someone's homestead which will be changed forever because of this progress. She pointed out that the property is now residential, and they will have to pay at their own expense the planning process for a change of zoning. Mr. Medina noted that the property is zoned "B-4" and not "R -1B." In answer to questions from Council Member Slavik, Mr. Paraskevas stated that enhancement is equal if the property is residential or commercial and noted that it is a corner piece of property. Mr. Guerrero noted it is a detriment right now but he thought it will be a great benefit in the future and they will personally benefit from it. He stated that he did not think the City should deviate from their own ordinances. Mr. Kelly Cobb, 12922 Red Bird, stated he has his own appraiser but he is not present today. He noted he was not given damages for any other building, and the only damage he was given was actually for what was taken by the state of Texas. He stated that the state of Texas said they did not damage his house. Mr. Cobb referred to the City Ordinance which requires a setback of 25 feet from a road and stated his lot does not meet the City Ordinance in any way. He asked how the property could be enhanced when he has to pay $1.00 per sq. ft. for sidewalks that cannot be used. Mr. Cobb noted he has lived on the property 26 years and was not aware of the change in zoning. Mayor Turner inquired when the property was rezoned, and Mr. Medina stated about 10 to 15 years ago. Council Member Schwing inquired if the City can build gutters and not build sidewalks, and Mr. Medina replied that can happen, but the City's Ordinance says there must be sidewalks and the Ordinance would have to be changed. He noted that the City would have to ask the state not to build the sidewalks. Minutes Regular Council Meeting January 19, 1988 Page 9 Council Member Moss pointed out that this is not a condemnation hearing and stated that the assessments that are imposed do not have to be paid until the project has been completed or the property is sold. Mayor Turner requested that a clarification be given to Mr. Cobbs about the change of zoning. Mr. Gordon Roakes, representing his daughter and son, stated they are located on the west side. He stated they attended several hearings when the state contract came up and there was nothing presented regarding sidewalks. He stated that the west side was not to be touched and now they understand there will be sidewalks and curbs. He noted that they already have gutters. Mr. Medina stated that the sidewalk will be built in accordance with the Highway Department requirements. He stated that the City has acquired property on the west side for their utility line relocations; the sidewalks will be built by the state; and that would not require a covenant. Mr. Roakes referred to mistakes made by the City and stated that this is not the first time the City of Corpus Christi has raped Calallen. He presented photographs to the Council and noted that they have a historical marker on their property and asked what would be done with it. He referred to the map and spoke about the easements. He stated that if a sidewalk is put in, there won't be five feet or less from their front door to the right-of-way. Mr. Medina mentioned the lots owned by Mr. Roakes' daughter and how much they were assessed. He clarified that the sidewalk will be tied to the curb and gutter. He noted that the state requires sidewalks on their projects and the City has that same requirement. He stated that wherever the curb and gutter ceases, there will be no more sidewalks. Council Member Rhodes inquired again if the City can waive the sidewalk for this particular piece of property without changing the Ordinance, and Mr. Medina stated it is not the City's project; it is the Highway Department's project; and the City would have to approach them to see if they will waive the sidewalk. Council Member Rhodes inquired about the consequences if the Council votes "no," and Mr. Medina replied this is an assessment hearing; it is the state's project; the City has to have an assessment hearing because of the improvements being done; and the City has the option of not assessing. Council Member Pruet pointed out the only way not to assess the property owners would be for the City to pay for the improvements. Council Member Schwing noted that another option would be for the the City to ask the State not to build the sidewalks and inquired about how that could be done. Minutes Regular Council Meeting January 19, 1988 Page 10 Mr. Medina stated that the City could notify the Highway Department in writing but that he did not know how long it would take them to reply. He also noted the project could be jeopardized. After more discussion, it was the consensus of the Council that a letter be sent to the Highway Department expressing the City's concern regarding the sidewalks and asking them to consider waiving the sidewalks if this will not jeopardize the project. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 thru 8 and Council Members requested that Motions 3 thru 8 be withheld for discussion. A motion was made by Council Member Schwing to approve Consent Motions 1 and 2; seconded by Council Member Guerrero and passed unanimously. 1. M88-0008 Appointment of Frank Schwing, Jr. as a Director of the Corpus Christi Housing Finance Corporation, Corpus Christi Industrial Development Corporation and the Corpus Christi Health Facilities Development Corporation to serve the remaining portion of the vacant two-year term ending May 1, 1989, with the provision that the appointment is in conformity with the By -Laws of the individual corporations. 2. M88-0009 Approving a supply agreement for service saddles to Corpus Christi Pipe and Supply based on low bid for an estimated annual expenditure of $16,756.61. The term of the contract will be twelve months, with an option to extend for an additional twelve months, subject to the approval of the supplier and the City Manager or his designee. These items will be stored in the City Warehouse and used by the Water Department. In reference to Item No. 3 pertaining to Approving a Supply Agreement for Fine Paper, Council Member Moss inquired about use of the paper, and City Manager McDowell stated it is copy paper; cover stock and material the City uses in their Print Shop in regular operations; and that it is a normal charge for an organization the size of this City. In reference to the same item, Council Member Slavik inquired why the low bid was not accepted, and City Manager McDowell replied the low bid submitted by Monarch Paper did not have a ceiling on the price adjustment. In reference to Item No. 6 pertaining to the Wastewater Building Enclosure, Council Member Slavik inquired if the contractor was responsible for the $750 change order for the rusty screws, and City Manager McDowell stated that Staff requested him to perform that work when the problem was discovered, and that the City is responsible for the charge. Minutes Regular Council Meeting January 19, 1988 Page 11 In reference to Item No. 7 pertaining to the Approval of the Aquarium Bulkhead Plans, Council Member Slavik requested to see the plans before approved by the Council, and Assistant City Manager Bill Hennings stated that the plans for the construction of the bulkhead at the aquarium site were prepared by Shiner, Mosely and Associates. Mr. Hennings then introduced Mr. Doug Hearn of Shiner, Mosely who briefly explained the plans. Council Member Strong inquired if there will be boat access to the aquarium as well as land access, and Mr. Quenton Dokken, Executive Director of the Aquarium, noted that boat access and public transportation will be provided. Mr. David Royal, 2722 North Shoreline, asked the Council not to approve the plans and specifications. He displayed a smaller scale plan of the proposed dredging and stated it is less than 100 feet behind his mother's home. He stated that he thought it will continue to escalate the damages that were initiated in the taking and referred to Ordinance No. 5126. He stated that they think it will create irreparable harm to her property. In answer to a question from the Mayor, Mr. Royal stated that the City has approached his mother about purchasing her property and that issue will be addressed later by her attorney on another item on the agenda. Mr. Royal insinuated that it appears litigation may be imminent and he did not want to jeopardize her situation. Mr. Royal further stated that silting that will occur on her property will cause irreparable damage. He stated that they are researching the appeal procedures to the Corps of Engineers and the environmental people because his mother was not given notice as to the dredging so close behind her property. Council Member Moss noted this is only approving the plans, and Mr. Royal stated if he did not bring their objections forward in the proper form that it could jeopardize some of the litigations in the future. He stated that he wanted the Council to be aware of their objections. Council Member Guerrero noted that this is in reference to a great investment by the taxpayers of this City and to withhold the plans and specifications would give the family more leverage to obtain more money from the City. He stated that he thought it would be unfair to the taxpayers in the community and urged the Council to approve this item. City Attorney Hal George was asked his opinion and stated he has no comments at this point due to the fact that Mr. Royal has already indicated the matter is going into litigation. He stated he would prefer not to comment on the matter at this time. Minutes Regular Council Meeting January 19, 1988 Page 12 In reference to Item No. 8 pertaining to the Contract for Street Sweeping Services, Mayor Turner inquired about the reason for not negotiating with the low bidder rather than going out for new bids, and City Manager McDowell stated that under the state statute, the only way to do that is to award it at the original amount and then change order it, or reject them and rebid. He stated that Staff felt the more appropriate way would be to rebid it. In answer to a question from the Mayor inquiring if the low bidder was the low bidder in the areas that we are looking at, and City Manager replied he was and was willing to look at a portion of that on a change order. Mr. McDowell also noted that the City reserves the right to reject all bids. In answer to a question from the Mayor as to whether the contract could be extended, Assistant City Manager Jesus Garza stated it is a two-year contract with a one-year extension and after a request from the Mayor, the contract will be made into a two-year contract with a two-year extension. Mayor Turner referred to Page 8 of the contract and expressed concern about no penalties for "deficiences," and Mr. Garza noted it is the same as the previous specifications and that the City would be adequately protected should there be deficiencies. Mayor Turner inquired about No. 3 of the contract and asked about the communications equipment and why it is requested, and Mr. Garza stated that was part of the original specifications, and Ogilvie Gericke, Assistant Street Superintendent, stated communications equipment is necessary because on an emergency basis the City needs to be able to contact people. In answer to a question from Council Member Slavik about the expected savings on eliminating some of the street sweeping, Mr. Gericke replied between $80,000 to $100,000 a year. Council Member Moss pointed out that the residential streets are only swept twice a year and probably the residents are not aware of that. A motion was made by Council Member Strong to approve Motions 3 thru 8; seconded by Council Member Pruet and passed unanimously. 3. M88-0010 Approving a supply agreement for fine paper to Jim Walter Papers based on best bid for an estimated annual expenditure of $67,745. The term of this agreement will be twelve months with option to extend for an additional twelve months, subject to the approval of the supplier and the City Manager or his designee. These items will be used for the Stationery Stores Inventory. Minutes Regular Council Meeting January 19, 1988 Page 13 4. M88-0011 Approving the purchase of a power sweeper for the Aviation Department from C.H. Tennant Company, for the amount of $11,906.13 based on low bid. 5. M88-0012 Authorizing acquisition of Parcel 10 located at the intersection of Airline Road and Saratoga at a cost of $6,935 for the Airline Road Street Improvement Project. 6. M88-0013 Accepting the Wastewater Building Enclosure project; granting a 28 working day time extension; and authorizing final payment of $2,997 to Progressive Structures, Inc. 7. M88-0014 Approving plans and specifications for construction of bulkhead and related improvements on public property. 8. M88-0018 Rejecting bids received on October 9, 1987 for Street Sweeping and authorizing bids for reduced services to include uptown and downtown only. Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings on Items 9 thru 21 and Council Members requested that Items 11, 12, 18 and 19 be withheld for discussion. There were no comments from the audience on the other items. City Secretary Chapa polled the Council for their votes and the following were passed: 9. RESOLUTION NO. 20167 AMENDING RESOLUTION 20102, RULES OF DECORUM, BY PROVIDING SUCH RULES ARE NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS; AND PROVIDING FOR SEVERABILITY. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." Minutes Regular Council Meeting January 19, 1988 Page 14 10. RESOLUTION NO. 20168 AUTHORIZING AN AGREEMENT WITH THE WYATT COMPANY TO PERFORM AN ACTUARIAL STUDY OF THE SELF INSURANCE FUND'S LIABILITY RESERVE ACCOUNT; AND APPROPRIATING $12,500. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." 13. RESOLUTION NO. 20171 AUTHORIZING THE EXECUTION OF A CONTRACT WITH TENNESSEE CONSTRUCTION CO. FOR THE INSTALLATION OF A 16 -INCH DIAMETER CROSSING OSO CREEK AT CHAPMAN RANCH ROAD; APPROPRIATING $33,000. The foregoing Resolution passed by the following vote: Turner, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, 14. RESOLUTION NO. 20172 PIPELINE WATERLINE Berlanga, "Aye." AUTHORIZING THE EXECUTION OF A CONTRACT WITH V. C. HUFF, INC. FOR THE INSTALLATION OF THE UNDERGROUND VEHICLE DETECTION SYSTEM ON PORTIONS OF DODDRIDGE, WEBER, KOSTORYZ, AND AIRLINE ROAD IN CONNECTION WITH THE STAGE II TRAFFIC SIGNAL CAPITAL IMPROVEMENTS; APPROPRIATING $48,000. The fcregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." 15. ORDINANCE NO. 20173 CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: McNorton Area Streets, Phase B - 1. McNorton Road, from Rand Morgan Road to Clarkwood Road, 2. Caroline Road, from McNorton Road to Clarkwood Road, 3. Marshall Road, from McNorton Road to Caroline Road, and 4. Blanco Road, from McNorton Road to Dead End; 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, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." 16. RESOLUTION NO. 20174 AUTHORIZING THE EXECUTION OF A CONTRACT WITH HAAS PAVING COMPANY, INC. FOR RECONSTRUCTION OF STREETS IN THE McNORTON AREA, INCLUDING CURB, GUTTER, SIDEWALK, DRIVEWAYS, UNDERGROUND STORM SEWER SYSTEM, AND WATERLINE REPLACEMENT; APPROPRIATING $1,215,110.67. Minutes Regular Council Meeting January 19, 1988 Page 15 The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." 20. SECOND READING AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH TEJAS BOWMAN ARCHERY ASSOCIATION FOR TWO TRACTS OF LAND LOCATED NEAR THE ALLISON WASTEWATER TREATMENT PLANT TO BE USED FOR RECREATIONAL PURPOSES. The foregoing Ordinance passed on second reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." 21. ORDINANCE N0. 20177 ADOPTING AMENDMENT TO THF. MANUAL OF DRIVEWAY DESIGN AND CONSTRUCTION STANDARDS ADOPTED BY ORDINANCE NO. 19105 BY AUTHORIZING REVISIONS TO SECTIONS V, VIII, AND X OF THE MANUAL PERTAINING TO DRIVEWAY PERMIT REQUIREMENTS, DRIVEWAY DESIGN STANDARDS, AND DRIVEWAY RESTRICTIONS; AND AUTHORIZING THE ADDITION OF APPENDIX D TO THE MANUAL. The foregoing Ordinance passed on third reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." In reference to Item No. 11 concerning the Appropriation of Aquarium Bond Funds, Council Member Slavik inquired about the status of the Aquarium Association's private fund raising effort, and Mr. Quenton Dokken, Executive Director of the Aquarium, stated that they have raised in excess of $5 million in private funding and will break ground in March. Mayor Turner inquired about the interest money, and Assistant City Manager Hennings stated this is an appropriation; the interest does not go to the appropriation; and the interest will stay in the bond fund. In answer to a question from the Mayor, Assistant City Manager Juan Garza stated that in the 1986 Bond Program, the interest earnings have been accredited to the individual bond funds created for that bond sale, not for projects, but for the bond fund. He stated that the interest money will stay with the project and explained to the Council the different bond policies. In reference to Item No. 12 pertaining to the Appropriation of Bond Funds for Library Books, Council Member Rhodes inquired if the frozen money was going to be released for the books as opposed to using the bond money as budget money, and City Manager McDowell replied the City is doing both; they have already released $100,000 initially and have under consideration a recommendation to study some further releases in addition to the bonds. Minutes Regular Council Meeting January 19, 1988 Page 16 In answer to a question from Council Member Rhodes about the time frame for the release, Mr. McDowell stated it depends on the City's financial situation and discussion with the Budget Committee. He stated that Staff has studied that issue, and there is a recommendation from them to release some additional funds book purchases. He stated he could not give a specific date. In answer to another question from Council Member Rhodes, Mr. McDowell stated that the Staff is just reviewing the issue of when the City spends the money; there is $259,000 budgeted; $100,000 of that was spent; there is $159,000 left; and he thought there is a recommendation for around $80,000 under consideration. Dierdre Norton, Chairman of the Library Board, 3822 Denver, expressed appreciation to the Staff for their recommendations. She emphasized that they are really for two different purposes. Council Member Moss pointed out that the main library currently has a patronage of eight times the old library had with the same Staff. Mayor Pro Tem Berlanga inquired about City Manager McDowell stated that the Staff the administrative assistant position, which had discussions with the Council's Budget other vacancies. He stated they will have Council in regard to staffing. the administration vacancies, and recently authorized the filling of was requested by the board, and has Committee relative to some of the a recommendation shortly before the In reference to Item No. 18 pertaining to the Installation of Parking Meters and Employee Parking Expansion at the Airport, Council Member Slavik inquired about the approximate payback time for the meters, and City Manager McDowell stated he is not sure what the repayment schedule would be and he will provide the Council with a report on that. Council Member Guerrero stated he would like to make everyone aware that most airports charge for employee parking and referred to employee offsite parking where employees are shuttled in at no cost. He stated he hoped the employees appreciate the fact that there is free parking. In reference to Item No. 19 pertaining to the City Hall Appropriations, Council Member Slavik inquired what the interest money can be used for and why it wasn't put back into debt service on this particular project. She requested Assistant City Manager Juan Garza's previous remarks concerning bond policies in writing. City Manager Council and noted different policies put back into the Garza's remarks in McDowell stated that it was a policy determination of the that Mr. Juan Garza explained that different bond issues had relative to the disposition of the interest. He stated it was project and noted that the Council will be provided with Mr. writing. Minutes Regular Council Meeting January 19, 1988 Page 17 Mayor Turner referred to the project budget figures, and City Manager McDowell stated some of those have been revised and that they would go for the demolition. 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: 11. RESOLUTION NO. 20169 APPROPRIATING $2.7 MILLION FROM THE AQUARIUM BOND FUND. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 12. RESOLUTION NO. 20170 APPROPRIATING $250,000 FROM THE NO. 572 LIBRARY BOOKS BOND FUND FOR THE PURCHASE OF BOOKS AND OTHER LIBRARY MATERIALS. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 18. ORDINANCE NO. 20175 APPROVING SPECIFICATIONS AND AUTHORIZING THE RECEIPT OF BIDS ON JANUARY 25, 1988, FOR 120 PARKING METERS TO BE INSTALLED AT THE AIRPORT PUBLIC PARKING LOT PLUS AN EXPANSION OF THE EMPLOYEE PARKING AREA; AND APPROPRIATING $145,000. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 19. ORDINANCE NO. 20176 APPROPRIATING $1,068,000 FROM THE NO. 210 CITY HALL BOND FUND FOR THE PURCHASE OF FURNITURE, MOVING, TELECOMMUNICATIONS EQUIPMENT AND OTHER COSTS TO COMPLETE THE FACILITY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. Minutes Regular Council Meeting January 19, 1988 Page 18 * * * * * * * * * * * * * Mayor Turner opened the public hearing on the closing and abandoning of various street rights-of-way, two public alleys, and a drainage easement at the Texas State Aquarium site. City Manager McDowell noted that this hearing is to consider closing the streets, and if approved by the Council, the City would not physically close the streets until they have acquired the property so the people in the area would have access to their property. Victor Medina, Engineering Services Director, briefly explained the closure and located the area on the map. He stated that the closure will enhance the completion of the aquarium project and will allow the City to continue acquiring the right-of-way. He noted that the Ordinance for the street closures will not be brought to the Council until the City has acquired the affected property. Council Member Moss stated that apparently there has been some doubt because it is not in writing and inquired if it would be possible to revise the Ordinance to say when the property is acquired the streets will be closed, and Mr. Medina stated that can be done. City Manager McDowell stated that is the City's intention and noted that City Attorney George has indicated there would be no problem in putting that language in the Ordinance. Mr. Bill Kolb, 1337 York, representing Breakwater Corporation, and Ed Massman and Helen Royal, the owners of the aquarium land to be acquired, suggested that the closure of the streets even after the City thinks they have acquired these parcels would be premature. He indicated that the City is stonewalling his clients in its acquisition of property for the aquarium and stated that despite their repeated requests, they have not yet received a copy of the appraisal. He noted that his clients are not asking for ten times what their property is worth, they are asking for what is fair. He stated that the reason they have not gotten it is because there have been no negotiations. Mr. Kolb stated the City will never acquire the property unless they begin to negotiate the property in good faith. He requested that the Council not allow today's Resolution to result in tomorrow's litigation and noted that the City does not know when they will acquire this property. Council Member Rhodes noted that with the clause that was put into this, the City will absolutely not go forward until they have acquired the property. Roe Chandler, 4242 Gulfbreeze, President of the Beach Association, stated this has been going on for about a year and one-half and stated if it is delayed any further, the City will not meet the 1989 deadline and will not get the Texas State Aquarium. He stated that the City needs to go forward and approve this. Minutes Regular Council Meeting January 19, 1988 Page 19 In answer to a question from Council Member Slavik, City Attorney George stated that the current status of the property is that the City is negotiating in good faith to buy the property at this time. Mrs. Helen Royal, 2722 North Shoreline, owner of the property in question, stated there seems to be some miscommunication. She stated that she thinks the aquarium is a wonderful idea and that she voted for it. She presented pictures to the Council of her home and stated that the appraiser is offering $5,000 for her home and $100,000 for the land and she did not think it is a fair price. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Schwing and passed unanimously. Mayor Turner opened the hearing on amending the Urban Transportation Plan and the Corpus Christi Beach One -Way Loop Circulation Plan to reflect these street closures. Victor Medina, Engineering Services Director, noted that all the City is doing is amending the plan to delete a certain section and displayed an exhibit of the plan. In answer to a question from Council Member Slavik, Mr. Medina stated that the Beach Association is aware of the amendment. City Manager McDowell pointed out that it does not change anything that is currently in existence except it stops it at Pearl instead of Canal. There were no comments from the audience. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Slavik and passed unanimously. City Secretary Chapa noted that the Ordinances for the Texas State Aquarium Sites will be forthcoming at a future date. * * * * * * * * * * * * * * At 11:05 a.m. the Council went into closed session to discuss litigation regarding land acquisition and contract interpretation pursuant to Article 6252-17 of V.A.C.S. * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting at 11:32 a.m. and called for liaison and other reports from the Council. Minutes Regular Council Meeting January 19, 1988 Page 20 Boat Pass - Council Member Strong noted she will bring Council Member Schwing up-to-date on the Boat Pass so he is aware of the project. Botanical Gardens - Council Member Pruet noted that this past Sunday they kicked off a membership campaign drive to gain 2,000 new members for the Botanical Gardens between now and March 31st. Mayor Turner asked each Council Member to make the commitment to membership in the Botanical Gardens. Downtown Revitalization - Mayor Pro Tem Berlanga noted that he feels positive they will have a new director by next week. He informed the Council. that he is going to Vera Cruz on City related business with a group from Austin at no expense to the City regarding a cruise ship to Vera Cruz from Corpus Christi. Economic Development Corporation - Council Member Schwing referred to a meeting last Friday and stated they are enthusiastic and dedicated and are going to accomplish good things for the City. Convention and Visitors Bureau - Council Member Pruet stated that the Bureau has a very aggressive program of enticing winter Texans, and that this year the City is seeing larger numbers of them. He stated that he hopes to have a couple of major convention announcements in the very near future. Mayor Turner stated she will be out of the City until Thursday in Washington at the US Conference of Mayors Meeting and that Mayor Pro Tem Berlanga will be in charge of the City. Council Member Moss noted that the Budget Committee has met and has discussed ideas. He stated there have been no recommendations to the Council. Council Member Slavik referred to the appraisal of the Murrary property in connection with the aquarium. She inquired about "R" after the figure in the appraisal, and City Manager McDowell replied he did not have that in front of him and will get back to her on that. Council Member Strong noted that she will be in Austin on Monday at a meeting on "State Adopt a Beach Task Force," and on Wednesday and Thursday in Austin she will be at a retreat for the State Job Training Coordinating Council where they will be discussing a major Regional Economic Development issue. Council Member Guerrero requested the following be checked out: He referred to the Families in Action Group who wanted to use the Colliseum for day and there was an $800 charge for rental. Minutes Regular Council Meeting January 19, 1988 Page 21 City Manager McDowell stated that he suspects it is the standard rental charge but will check it out. Mayor Turner referred to the Boards and Commission Review Report prepared by Council Member Rhodes which was supposed to be presented today. She stated it is an excellent report and that she would like to be present for the presentation. It was the consensus of the Council that the report be presented at next week's Council Meeting. City Secretary Chapa stated that the date of the retreat has not been finalized and mentioned the date of February 2 as a possible date. Council Member Guerrero inquired what leverage the City has with the school district in using their facilities, specifically Tuloso Midway. He referred to the Officers Wives Association who keep getting stonewalled in reference to insurance by the school, and City Manager McDowell noted he will check it out. * * * * * * * * * * * * * Mayor Turner called for petitions and other information from the audience on matters not scheduled on the agenda. Mr. Philip Rosenstein, 949 Bobalo, expressed appreciation to the Council for amending the Rules of Decorum and stated he has not broken any laws during the past couple of months. He stated that the Rules should also apply to Council Members and that the most despicable, uncouth violation was committed by Council Members Strong and Pruet who twice deliberately left the room while he was giving his presentation. In closing, Mr. Rosenstein said "thank you" and "have a nice day" in five different languages. Mr. Tom Bowman, 301 Hackenberry, Sinton, Vice President of Corpus Christi Right to Life, referred to the January 12th request to support the proclamation for the Sanctity of Human Life Week. He stated they felt the Council was not given enough time to consider their request and also was not presented with a specific proclamation but only examples. He requested that the Council consider supporting such a proclamation at this time. Council Member Guerrero referred this matter to the Staff for consideration and advisement by the City Attorney and noted they will consider it later. Mr. Clif Zarsky, 5202 Wooldridge, former Council Member, and Vice President of the Texas Right to Life, stated he sent the Council some information in their packet the previous evening concerning a request that they consider some form of a statement, proclamation or memorandum on the Sanctity of Human Life. He asked why it should require attention from the City Attorney. He stated they are asking the Council to make a statement to uphold the basic traditions of the sanctity of human life which is established in the Declaration of Independence. Minutes Regular Council Meeting January 19, 1988 Page 22 Dr. Michael Meaney, 3360 San Antonio Street, urged the City Council to consider favorably the aforementioned request for a proclamation on the Sanctity of Human Life. He stated that the right to life is the most basic civil right that an individual has. Council Member Berlanga stated he did not see how the Council could be put in a controversial position by approving or concurring with the Right to Life Movement and stated that he thought the Council should endorse the Sanctity of Life movement. Council Member Slavik concurred with Mr. Berlanga and stated that all the Council would be doing is to say the sanctity of human life is utmost and should be upheld. She stated that they have been asked to do it by the Governor of the State and she thought it was appropriate. Mayor Turner stated the Council is not at liberty to take any action at this point. Council Member Guerrero stated it does have to be reviewed by the Staff in order to be put on the agenda and at that time the Council can take the vote as to whether they agree with the Resolution or not. He stated it would be premature at this time, but if the majority of the Council would like to take a position on the sanctity of life then they should have the opportunity to vote in favor or against it. He reiterated again that it should be reviewed by Staff as all items that come before the Council are before they are put on the agenda. Mayor Turner asked how many members of the Council would like to see this matter put on the agenda and Council Members Berlanga and Slavik raised their hands. Council Member Cuerrero reiterated again that it be reviewed by the Staff to come back with a recommendation. Mr. Enrique Garcia, 5966 Cinnamon Oaks, President of the Police Officers Association, referred to the shortage of manpower in the Police Department and presented a letter to the Council. He stated that the Police Chief has been receptive to their ideas and will meet with them for discussions. He stated his concern is that last year they had 349 officers authorized in the budget and it has decreased to 338 officers. He asked the City Council not to decrease the manpower but to increase it. Mayor Turner stated the Council supports their position and it will be discussed during the Council Retreat. There being no further business to come before the Council, on motion by Mayor Pro Tem Berlanga, seconded by Council Member Guerrero and passed unanimously, the meeting was adjourned at 12:05 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 January 19, 1988, which were approved by the City Council on January 26, 1988. WITNESSETH MY HAND AND SEAL, this the /6 tee - day of Bet y Turner MAYOR Armando Chapa, City SectAtary City of Corpus Christi