HomeMy WebLinkAboutMinutes City Council - 03/22/1988MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
MARCH 22, 1988
9:00 a.m.
PRESENT
Mayor Betty Turner
Council Members:
Clif Moss
Bill Pruet
Frank Schwing
Mary Pat Slavik
Absent
Mayor Pro Tem David Berlanga, Sr.
Council Members Leo Guerrero
Mary Rhodes
Linda Strong
City Manager Juan Garza
City Attorney Hal George
City Secretary Armando Chapa
Mayor Betty Turner called the meeting to order at 9:06 a.m. in the Council
Chamber of City Hall.
The invocation was given by Chaplin Medicus Rentz, Director of Pastor
Services at Memorial Medical Center, following which the Pledge of Allegiance to
the Flag of the United States was led by Council Member Moss.
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.
City Secretary Chapa informed the Council that Mayor Pro Tem Berlanga and
Council Member Guerrero were out-of-town in Washington on City business; Council
Member Rhodes was ill; and Council Member Strong was absent because of an
illness in the family.
A motion was made by Council Member Pruet to excuse the absent Council
Members from the Council Meeting; seconded by Council Member Moss and passed
unanimously.
A motion was made by Council Member Moss that the Minutes of the Regular
Council Meeting of March 15, 1988 be approved as presented; seconded by Council
Member Pruet and passed unanimously.
* * * * * * * * * * * * *
MICROFILMED
i
Minutes
Regular Council Meeting
March 22, 1988
Page 2
Mayor Turner opened the assessment hearing for the I.H. 37 South Frontage
Road improvements.
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 improvements to the South
Frontage Road of I.H. 37 from Rehfield Road to 850 feet west of Missouri Pacific
Railroad Tracks on UpRiver Road; it is being constructed jointly by the City and
the State Highway Department; the contractor is Heldenfels Brothers, Inc. with
the low bid of $27,307,312.96; and the preliminary assessments are $32,716.48.
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 that he is a real
estate broker; he has a broker and real estate license; he appraises both
commercial and residential property; he is familiar with the project; and he has
examined the assessment roll and each parcel.
Mr. Paraskevas stated that, in his opinion, all of the property will be
enhanced at least in the amount of the assessments.
Ms. Rosemary Lorenz,
top of the hill on Loma
should have to pay for
gentleman from the State
sidewalks, and she stated
representing her mother and grandmother, lives at the
Alta and Leopard, stated that they do not feel they
the sidewalks. She noted that about a year ago, a
told them that the state was going to pay for the
that there is no City easement on that side.
In answer to a question from the Mayor, Mr. Medina stated that the Highway
Department does have a program by which they will pay for all of the concrete to
be placed on any interstate project that they do; the City of Corpus Christi has
a paving assessment ordinance; and the City would like to treat everyone in the
community as fairly as possible. He noted that if the City has paving projects,
they assess for those improvements; and that is why the City assesses for
projects being done by the state also.
Council Member Moss stated that the issue is whether the sidewalks will
improve the property values, and Mr. Paraskevas replied that the sidewalks will
improve the properties even on a freeway.
Minutes
Regular Council Meeting
March 22, 1988
Page 3
Ms. Lorenz noted that during the last forty years, over twelve feet of land
from their property has been taken by the state and by the City, and noted that
right now they are located three or four feet from the highway.
Council Member Moss pointed out that there will be a service road, and this
sidewalk will be outside of the service road away from the freeway on the access
road, which is quite a bit different from the way it presently is.
Council Member Schwing inquired how far Ms. Lorenz' home is from the road
which is there now, and Ms. Lorenz replied four feet from the front door, and
Mr. Schwing stated that if the state already said they were going to pay for the
sidewalks, why doesn't the City let them.
Mr. Medina stated that the sidewalk will be on public right-of-way next to
the retaining wall, not on Ms. Lorenz' property. He stated as far as the
assessments being charged to the property owners which abut the frontage road,
as per the City's assessment policy, the City assesses them for concrete
improvements and street work; if the City drops the assessments here, they would
be setting a precedent to drop all assessments on any street improvement
project. Mr. Medina stated that he did not know if the City has the financing
to do that because that is what keeps the City's street program continuing.
In answer to a question from Council Member Schwing, Mr. Medina stated that
if the driveway is an existing concrete driveway, the City will not assess them
for it.
Ms. Mary Pearl Baxter Wagner, mother of Ms. Lorenz, who lives in the same
house, noted that they were told by the state that they would relocate their
driveway. She stated that they have two driveways and that some of their
property has been taken by the state. She questioned why they have to pay the
City for the sidewalks and inquired where the sidewalks will be located.
Council Member Schwing inquired if the sidewalk will be at the lower part
of the retaining wall, and Mr. Medina replied it will be at the bottom, and that
the City agreed to give them credit for their existing concrete driveways. He
noted that the City will figure out the credit.
In answer to a question from the Mayor about why this was not included in
the assessment roll, Mr. Medina stated that was not addressed because the City
usually waits to see the condition of the actual driveways to see if they are
creditable.
In answer to a question from Council Member Schwing regarding whether the
sidewalk will or will not be put all the way down, Mr. Medina stated that the
Highway Department will do a transition from the frontage road down Loma Alta,
down Rehfield Lane for 100 to 300 feet, and in that transition the City will
provide sidewalks along those improvements. He stated that is the purpose for
the sidewalks on Loma Alta. He noted that there will be a sidewalk on the
frontage road all the way down.
Minutes
Regular Council Meeting
March 22, 1988
Page 4
In answer to a question from Council Member Schwing, Mr. Medina stated that
in the future as street improvements are planned, or as petitions come in from
the residents on Loma Alta, the City put in sidewalks.
Mayor Turner suggested that Ms. Lorenz and Ms. Wagner meet with Mr. Medina
and work out the specific costs.
Ms. Sandra Klepper, 12705 Leopard, representing her husband and herself,
stated they heard nothing of this until they read it in the newspaper and
received the letter this month. She noted it is a country setting and she sees
no reason for a sidewalk since they are starting at the railroad track and
stopping at Rehfield Road. She asked if the homeowners need to present a
petition in order to stop the sidewalks from being built.
Council Member Moss pointed out that there is an access road that will have
relatively little traffic compared to the freeway, and that the sidewalk is to
be built along that.
Mr. Medina noted that the existing road will be part of the frontage road;
the sidewalk is part of the City's overall improvements to any City streets here
in Corpus Christi; the sidewalks will not be a dead end because the City does
have plans as far as the 1986 bond improvements program to continue UpRiver Road
from the railroad tracks up to Five Points which will have sidewalks and curbs
and gutters. Mr. Medina noted that it will go along with the City's overall
goals for that area.
Mayor Turner inquired what would occur if an area were left out, and Mr.
Medina replied that if the City starts "piecemealing" improvements, before you
know it, the children in the City of Corpus Christi would not have a sidewalk to
walk on and that is the overall purpose for the sidewalks.
Mr. Medina also noted that the City sent out notices by mail fourteen days
prior to the hearing to the property owners in accordance with the tax roll
provided by the appraisal district.
Ms. Klepper inquired about what action could be taken, and Mr. Medina
stated that the staff's consensus is that the City of Corpus Christi requires
sidewalks on all of their street improvements as part of their Platting
Ordinance, and Mayor Turner noted that Ms. Klepper could voice her complaints in
writing but pointed out that the Platting Ordinance would have to be changed.
Mr. Charles E. Walton, 12741 Leopard, noted that his home is east of the
City water treatment plant. He stated that two years ago he learned that the
City wanted to purchase the underground easement rights for this major water
drainage program; this was done; and he was paid for the underground rights; he
is not able to do anything with that property; and they paid him under the
appraised value. Mr. Walton questioned why the City is planning to place
sidewalks for almost a mile on City property within 200 feet of his residence
Minutes
Regular Council Meeting
March 22, 1988
Page 5
and bear all the expense and wanted to know if the sidewalks will be continued.
Mr. Medina located the area on the transparency map where the sidewalks
will be located and stated at a later date the City plans to improve UpRiver
Road.
Mr. Walton stated that he does not believe the City needs the sidewalks
from the end of Leopard to Rehfield Road and stated there is no justification
and questioned why he is being assessed for the sidewalks.
Mayor Turner inquired what would happen if that piece was deferred until
such time as the sidewalks were continued, and Mr. Medina replied it could be
included as part of the UpRiver Road improvements, then the City would go back
and do the assessment program that is ongoing today. He noted that the staff
does not recommend this at this time.
In answer to a question from Council Member Moss, Mr. Medina stated that as
far as the overall improvements to UpRiver Road, the City will have sidewalks on
both sides of UpRiver Road between the railroad track and Five Points. He
stated that the sidewalk will be on public property and will be assessed the
abutting property owners.
Council Member Moss pointed out that this is a state project and that the
City is participating at ten percent.
Council Member Schwing asked if a sidewalk exists from Five Points back
down past the fire station, and Mr. Medina replied just up to the fire station.
Council Member Schwing inquired at what point will the same improvements
from the fire station down to the railroad track be made, and Mr. Medina replied
those improvements will be part of the 1986 bond program improvements project;
bonds have not been sold for that project; but that street project has been
included in the Highway Department's PASS Program which should be implemented by
the first of 1989.
In answer to a question from Council Member Schwing, Mr. Medina stated that
there is also money for improvements on the interior side of Leopard from
Rehfield up past Violet Road. He noted that the City is planning to include it
in the bond sale this upcoming year or the next year.
Council Member Schwing inquired if all of the improvements from Five Points
back towards Violet Road are to be completed or under construction within the
next two years, and Mr. Medina replied in two years.
Mr. Browning spoke and stated he owns four acres at the railroad track back
towards the City. He noted that the City bought some of his land on the
Minutes
Regular Council Meeting
March 22, 1988
Page 6
frontage road. He stated he has no use for sidewalks and noted that his taxes
will be raised. Mr. Browning also made reference to the appraisal of his
property and his assessments and inquired why the sidewalks are needed.
City Attorney George stated that the appraisal district does the appraising
for taxes; the City has no control over that; and that Mr. Browning should
appeal to the Appraisal Review Board for any assessment he is unhappy with. Mr.
George stated that in terms of the requirements for the sidewalks, it is an
ordinance requirement under section 4921A and read an excerpt of the section.
He noted that it applies all over the City and could be changed by the Council.
Mr. Browning noted that he is being assessed for 5.7 acres and only owns 4
acres, and Mayor Turner noted that adjustments need to be made.
A Ms. Turner spoke and noted that she owns a lot on the access road on the
hill and asked why sidewalks are needed over the hill. She noted that there is
not enough walking traffic to warrant a sidewalk and asked why she has to pay
for the sidewalk if it is supposed to be in the right-of-way, and Mr. Medina
explained that the City has a paving assessment ordinance that sidewalk
improvements will be on public right-of-way and will be assessed to the abutting
property owners.
Mayor Turner noted that it is part of the overall improvements in every
section of the City. She noted that areas change and people move in and move
out. She stated it has been a workable and effective policy of the City's for
some time and is usually well received by the people once the sidewalks are in.
City Manager Garza noted that there are also a lot of areas in the City
which do not have sidewalks that would like to get sidewalks. He stated that
the policy is solid and it is intended to separate vehicular traffic from the
pedestrian traffic.
Mr. Clark spoke and noted his property is on a creek and stated that he
does not see any advantage in putting a sidewalk on a creek. He inquired if
there will be a bridge, and Mr. Medina noted that he is sure the state is
planning to do something with that area, and in referring to the bridge over the
creek, he noted that he will meet with the state and Mr. Clark to find out about
a bridge.
Council Member Schwing inquired if this matter could be delayed until
there is a response from the state regarding the sidewalk and the creek.
City Secretary Chapa informed the Council that this is a public hearing and
the vote will not actually occur today but in another week or two.
Ms. Rosemary Lorenz personally invited the Mayor and Council Members to
visit her property and she will show them why the sidewalks are not wanted.
Minutes •
Regular Council Meeting
March 22, 1988
Page 7
Mr. Walton noted that he has two pieces of property and referred to the
driveway which has been deleted from the plan. He inquired who he should meet
with to make sure he has a driveway on both pieces of property, and Mr. Medina
replied he will meet with Mr. Walton that afternoon.
Ms. Klepper inquired if there are any plans for sidewalks on Farm Road 624,
and Mr. Medina replied the state does have plans for improvements on Farm Road
624 but that he does not know the status of those improvements.
Council Member Moss informed the audience that Mr. Medina's office, as well
as the State Highway Department, has all of the details and plans, and if any
citizen finds that the City staff is not responsive, they should let the City
Manager know; and if that does not work, then the City Council should be
informed. Mr. Moss noted that the City staff should respond to the citizens.
A motion was made by Council Member Pruet to close the public hearing;
seconded by Council Member Moss and passed unanimously; Berlanga, Guerrero,
Rhodes and Strong absent.
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the amendment to the Master
Sanitary Sewer Plan for the area in the vicinity of Old Brownsville Road and
Padre Island Drive.
Council Member Slavik inquired when the Planning Commission will consider
this, and Engineering Services Director, Victor Medina, replied this has already
been considered by the Planning Commission on January 20.
Mr. Medina explained the amendment is so that the City can reroute their
Master Sanitary Sewer Plan for the area of Padre Island Drive and Old
Brownsville Road. He noted that in the 1982 Bond Election, $115,000 was
included so the City could provide a crossing at Padre Island Drive and Old
Brownsville Road for a future sanitary sewer line in that area. He stated since
then the area north of Padre Island Drive has developed and is all being
serviced through a different distribution system. He stated that the City feels
that $300,000 could be saved by the overall distribution of the system. Mr.
Medina located the area on the transparency map.
There were no comments from the audience.
A motion was made by Council Member Moss to close the public hearing;
seconded by Council Member Slavik and passed unanimously; Berlanga, Guerrero,
Rhodes and Strong absent.
City Secretary Chapa noted that this will be brought back to the Council in
the form of an ordinance.
Minutes
Regular Council Meeting
March 22, 1988
Page 8
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions 1 thru 13, and
Council Members requested that Motions 6, 8, 10, 11, 12 and 13 be withheld for
discussion. A motion was made by Council Member Pruet to approve Motions 3, 4,
5, 7 and 9; seconded by Council Member Schwing and passed unanimously; Berlanga,
Guerrero, Rhodes and Strong absent.
In reference to Item No. 6 pertaining to Approving Award of Contracts for
Personal Computers and Components, Council Member Slavik inquired about the
bidding process, and City Manager Garza stated that this is an attempt by the
City to live within the Charter requirements to have contracts with vendors with
which the City does more than $10,000 worth of business. He stated that the
City invites all vendors on the bidders' list to submit bids to the City; then
as the need may arise for components, the City can go to any one of those which
happens to have the lowest price for the particular item the City is in the
market for at that time. He stated that the contracts are in place and they
provide that if the City should buy components, then the City would buy from
them. Mr. Garza stated that the City is not committed to buy, and that the City
has been converting to supply agreements over a period of several years.
Council Member Moss inquired if these are compatible in an overall plan for
the use of the City, and City Manager Garza replied that the City has decided to
remain IBM compatible, and these components would be compatible with that
equipment. Mr. Garza continued by stating that the City has the capability
right now to have micro computers to be used as terminals, and that a lot of
them are being used that way. He stated that connectability is a feature of the
City's long-range plans, and that the entire City has gone IBM compatible.
In reference to Item No. 8 pertaining to the La Retama Library Demolition,
Council Member Slavik inquired about the status of the La Retama Vest Pocket
Park, and Assistant City Manager Utter stated that the plans and specifications
on the La Retama Park, as well as the Balustrade reconstruction, have already
been completed. He stated that particular project will go out for bids about
the middle of April, and construction should begin some time in June. He stated
that $500,000 from that project is coming from the Reinvestment Zone, and those
dollars will be available as soon as the City finishes the financing for the
Texas State Aquarium and the Museum.
In reference to Item No. 10 pertaining to the Grant application for
Genealogical Books through the Major Urban Resource Libraries (MURLs) Program,
Council Member Slavik stated that it is noteworthy that the Corpus Christi
Library has the largest Hispanic genealogical collection in Texas. She inquired
if the Tourist and Visitors Bureau could possibly capitalize on this in their
marketing, and City Manager Garza noted that he will follow up on this and
perhaps suggest it.
Minutes
Regular Council Meeting
March 22, 1988
Page 9
In reference to Item No. 11 pertaining to
Service to Disadvantaged Populations, Council
overlaps the services already provided by the
Hennings stated they are working together, and
duplication between the efforts of the TEC and
the Grant Application for Library
Member Slavik inquired if this
TEC, and Assistant City Manager
he does not believe there is any
the Library Information Center.
In reference to Item No. 12 pertaining to the Aquarium Land Aquisition
Project, Council Member Slavik noted that she is voting "no" on this item
because she thinks the price is too high.
Council Member Moss inquired about the price per square foot, and City
Manager Garza replied $19.00.
In answer to a question from the Mayor, City Attorney George stated that
since this is a motion, it would be a simple majority vote, and that it is an
ordinance which requires the majority of the Council, rather then of the members
present.
In reference to Item No. 13 pertaining to the Dr. Hector P. Garcia Park
Improvements, Council Member Slavik inquired why it took the Staff so long to
work out the funding for this change order, and Engineering Services Director
Medina replied that the Staff is having to investigate the sub -surface of the
existing parking lot.
Council Member Pruet noted that the Council received five support documents
prepared by F.D. Glenn, C.P.M. Purchasing Agent. Mr. Pruet noted that the
documentation was very concise and complete and complimented Mr. Glenn on a
super job.
A motion was made by Council Member Pruet to approve Motions 6, 8, 10, 11,
12 and 13; seconded by Council Member Moss and passed. All Council Members
present voting "Aye" except Slavik voting "No" on 12; Berlanga, Guerrero, Rhodes
and Strong absent.
3. M88-0057
Approving supply agreements for water treating chemicals to Bay Chemical
and Calgon Corporation based on low bid for a total estimated annual
expenditure of $145,508. The term of these agreements 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
chemicals will be used by the Water Production Department.
4. M88-0058
Approving supply agreement for powdered activated carbon to Van Waters and
Rogers based on the best bid of $41,388. The term of the contract will be
twelve months with option to extend for an additional twelve months subject
Minutes
Regular Council Meeting
March 22, 1988
Page 10
to the approval of the supplier and the City Manager or his designee. This
item will be used by the Water Division in the treatment of water.
5. M88-0059
Approving a supply agreement for an estimated 1,482,300 gallons of gasoline
and 549,300 gallons of diesel fuel with Texas Star Service, Inc. for an
estimated annual expenditure of $942,825.85. The term of the contract is
for twelve months with an option to extend for an additional twelve months,
subject to the approval of the seller and the City Manager or his designee.
6. M88-0060
Approving award of supply agreements for personal computers and components
including hard disk drives, printers, and software to the following
companies, based on multiple award determined by pricing and ability to
meet requirements. Total expenditure for the next twelve months is not
expected to exceed $65,000. The term of the contracts is twelve months
with option to extend for an additional twelve months subject to the
approval of the seller and the City Manager, or his designee.
VENDORS:
David Brown Associates, Inc., Stone Mountain, GA
C.C. Computer Time, Corpus Christi
Compusolve, Inc., Corpus Christi
CSI Business Systems, Corpus Christi
Club America Technology, Freemont, CA
Computerland, Corpus Christi
Computer Express, Corpus Christi
Radio Shack, Fort Worth, TX
RCC, Inc., Corpus Christi
7. M88-0061
Approving award of contract for two each
May Fabrication Company on the basis
$14,000.66. The equipment is to be
handling sludge at the treatment plant.
1987-88 Capital Outlay.
sludge containers and dollies from
of low bid, for the amount of
used by Wastewater Division for
These items are included in the
8. M88-0062
Accepting the La Retama Library Demolition project, and authorizing final
payment of $7,332 to Southwestern Environmental, Inc.
Minutes
Regular Council Meeting
March 22, 1988
Page 11
9. M88-0063
Authorizing the City Manager or his designee to submit a grant application
and execute all related documents for operation of the regional
Interlibrary Loan Referral Center located at Corpus Christi Public Library
for State Fiscal Year 1988-89. The total request is for $102,685.
10. M88-0064
Authorizing the City Manager or his designee to submit a grant application
for the Corpus Christi Public Library in the amount of $20,196 through the
Major Urban Resource Library (MURLs) program to execute all related
documents. The funds will be used to purchase books for the genealogical
collection.
11. M88-0065
Authorizing the City Manager or his designee to submit a grant application
for the Corpus Christi Public Library to the Texas State Library (Library
Services and Construction Act Title I: Public Library Services for
Disadvantaged Populations) and to execute all related documents. The funds
will be used to continue operating the Employment and Career Information
Center at the Corpus Christi Public Library. The total request is for
$45,487.68.
12. M88-0066
Authorizing acquisition by condemnation settlement of Parcel 4 located at
Surfside Boulevard and Bennett Street for $47,500 in connection with the
Aquarium Land Acquisition project.
13. M88-0067
Accepting the Dr. Hector P. Garcia Park Improvements; granting the
contractor a 49 -day time extension; and authorizing final payment of
$7,286.43 to A. Ortiz Construction and Paving, Inc.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Resolutions, Ordinances
and Ordinances from previous meetings.
There were no questions from the Council Members or the audience on any of
the items.
City Secretary Chapa polled the Council on their votes and the following
Ordinances were passed:
Minutes '
Regular Council Meeting
March 22, 1988
Page 12
14. RESOLUTION NO. 20247
APPROPRIATING $2,376.16 FROM THE NO. 162-152-807.06 EIGHTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT TO COVER ADDITIONAL PROJECT COSTS, INCLUDING BID
ITEM QUANTITY INCREASES, ASSOCIATED WITH THE COMPLETION OF THE DR. HECTOR
P. GARCIA PARK IMPROVEMENTS.
The foregoing Resolution passed by the following vote: Turner, Moss, Pruet,
Schwing and Slavik voting, "Aye"; Berlanga, Guerrero, Rhodes and Strong
absent.
15. RESOLUTION NO. 20248
AUTHORIZING THE EXECUTION OF A CONTRACT WITH MIDWEST CONSTRUCTION COMPANY
FOR THE CONSTRUCTION OF A RAW WATER RESERVOIR AND SETTLING BASINS AT THE 0.
N. STEVENS WATER TREATMENT PLANT; APPROPRIATING $4,084,000.
The foregoing Resolution passed by the following vote: Turner, Moss, Pruet,
Schwing and Slavik voting, "Aye"; Berlanga, Guerrero, Rhodes and Strong
absent.
16. RESOLUTION NO. 20249
APPROPRIATING $111,852.40 TO SUPPLEMENT $214,639.45 REMAINING FROM EXISTING
CONTINGENCY APPROPRIATIONS TO VARIOUS PROJECTS AS SHOWN ON EXHIBIT "A" TO
REIMBURSE THE GENERAL FUND FOR ENGINEERING SERVICES.
The foregoing Resolution passed by the following vote: Turner, Moss, Pruet,
Schwing and Slavik voting, "Aye"; Berlanga, Guerrero, Rhodes and Strong
absent.
17. ORDINANCE NO. 20250
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: I.H.
37, Calallen Interchange - From 1500' east of the Missouri Pacific Railroad
Underpass to 0.74 miles south of the Nueces River Bridge; 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, Moss, Pruet, Schwing and Slavik voting, "Aye";
Berlanga, Guerrero, Rhodes and Strong absent.
18. SECOND READING
AMENDING THE CODE OF ORDINANCES, SECTION 53-250, SCHEDULE I - ONE-WAY
STREETS AND ALLEYS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Moss, Pruet, Schwing and Slavik voting, "Aye"; Berlanga, Guerrero,
Rhodes and Strong absent.
Minutes
Regular Council Meeting
March 22, 1988
Page 13
19. ORDINANCE NO. 20251
AMENDING THE CITY CODE, CHAPTER 53, TRAFFIC, SEC. 53-254, SCHEDULE V.
INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES; PROVIDING FOR SEVERANCE;
AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Moss, Pruet, Schwing and Slavik voting, "Aye"; Berlanga, Guerrero,
Rhodes and Strong absent.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Items 20 and 21 regarding the
Texas State Aquarium Lease Agreement.
Mr. Arthur Zeitler, Vice President of the Texas State Aquarium Association,
noting the absence of several Council Members, requested that these items be
delayed for a week so that all of the Council Members can be present to
participate in the third reading of the lease agreement.
A motion was made by Council Member Slavik to postpone Items 20 and 21 for
one week; seconded by Council Member Pruet and passed unanimously; Berlanga,
Guerrero, Rhodes and Strong absent.
21. Withdrawn
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* * * * * * * * * * * * *
Mayor Turner called for the City Manager's report and City Manager Garza
formally introduced Ms. Debra Andrews, the new Assistant City Manager.
Mr. Garza referred to the Mortgage Credit Certificate Program that the City
has been involved in and stated it has been very successful, and the City has
used up its allocation. He stated that the mortgage credit certificates allow
homeowners to receive some assistance in coming into the market, and since the
City has used up its allocation, they are working with the County to see if they
could utilize the County's allocation to continue the program for the residents
of Corpus Christi and the County.
Council Member Slavik stated that the targeted area is only twenty percent;
no one seems to be using it; and that it seems it is only a way to sell new
homes. She inquired what the City or the federal taxpayer gets out it, and City
Manager Garza stated that the homebuyer obtains assistance in purchasing that
first home; the City itself as an organization does not benefit; but that the
community benefits.
Minutes
Regular Council Meeting
March 22, 1988
Page 14
Assistant City Manager Utter stated that the twenty percent requirement has
to be set aside for targeted areas; this has been in effect since 1981; and the
City has had several single-family mortgage revenue bond issues that the Housing
Finance Corporation has approved where the twenty percent has been set aside.
He stated that unfortunately the Treasury Department sets up the targeted area
and those are primarily in the port area, and Census Tract 2 where there is
basically no house sales or new home construction, etc. He stated that what has
happened all across the United States is that the twenty percent set aside just
basically rests there for twelve months and then comes back in City-wide. He
stated that the City's MCC program has met with tremendous success because it
gives a flat 25 percent reduction in the interest cost.
Mr. Utter continued by stating that the City is working on some plans to
acquire another allocation, but that the City will not have any money available
until July 1st. He stated it is for existing homes and new housing.
In answer to a question from Council Member Slavik, Mr. Utter stated that
in terms of an allocation procedure, the Corpus Christi Housing Finance
Corporation can apply for an allocation when there are previous funds unspent.
He stated that the City has that twenty percent which cannot be spent until July
1st so the City cannot apply for an allocation. He stated that possibly the
County could and they could contract with the Corpus Christi Housing Finance
Corporation to run the program for them.
City Manager Garza referred to the Council Retreat and suggested that the
staff prepare a status report on the strategic action agenda and present it to
the Council at the workshop on April 12 to discuss progress and make
adjustments.
City Manager Garza reminded the Council of the City Hall Open House on
March 27.
Mr. Garza referred to the Council Workshops and noted that there will be
one on March 29 to discuss sick leave and vacation policy.
Mr. Garza reminded the Council that there is a primary neighborhood meeting
on the 14th year CDBG Program on Thursday, March 24, at 6:30 p.m. at the Boys
Club.
Mr. Garza stated that the Park and Recreation Department has succeeded in
getting the Texas Park and Recreation Society Convention for 1990 in Corpus
Christi, and that the Texas Library Association is scheduled to meet here on
April 19 - 23. He noted that the staff is working on a workshop on acquiring
federal funds for minorities and other disadvantaged groups, etc., scheduled for
March 31 which will be co-sponsored by the PIC and the City.
Regarding the Mayor's update, Mayor Turner stated that she sincerely hopes
that the Council Members and the community are ready to put aside any
disagreements arising from the action taken in the firing and hiring of the City
Minutes
Regular Council Meeting
March 22, 1988
Page 15
Manager, and that this City Council go on record supporting Juan Garza
enthusiastically and pledge their support to City Manager Garza to work together
to make this City a better place for everyone. Mayor Turner requested that this
be in the form of a Resolution so the Council could all sign it.
Mayor Turner referred to a City employee, Ms. Barbara Lamb, who has done an
outstanding job in putting together an accessibility manual for the City that
will be available to disabled individuals showing them what buildings are and
are not accessible. She expressed appreciation to Ms. Lamb.
Mayor Turner noted that she and Council Member Pruet will be in Austin this
Thursday and plan to meet with convention planners for all major Texas
associations in an effort to encourage them to schedule their conventions in
this City. She noted that she visited with the Governor when he was here for
the Aquarium groundbreaking, and they talked about the importance of tourism and
convention business in this area. She noted that the Governor opened the door
to visit with the Texas Department of Commerce, and that she has already called
them and requested their support for this area. She noted that Council Member
Pruet, herself and Chris Davis of the Convention and Visitors Bureau will meet
with Mr. Ladderback.
Mayor Turner called for liaison and other reports from the Council, and
Council Member Schwing requested permission for Dick Bowers to give a report
next week on the Corpus Christi Area Economic Development Corporation.
Council Member Slavik inquired about the Downtown Business Association's
commitment regarding the status of the Harbor Bridge electricity, and City
Manager Garza replied the commitment that they made was to pay for the first
year of electricity for the lights and stated that is the extent of their
commitment. Ms. Slavik inquired if they committed to the maintenance, and Mr.
Garza replied he did not think so but that he would check.
Council Member
for the use of JTPA
were committed for,
Department is using
basement. He noted
Slavik inquired about the space that was originally planned
in the new City Hall building and how many square feet they
and City Manager Garza replied that the Park and Recreation
that area, and that there is still some vacant space in the
that JTPA had a total of 4,000 square feet.
Council Member Pruet noted that he had spoken to City Manager Garza and
asked for some specific information to support the Council's decision when they
evaluate the Everhart Clinic or the recommended facility. Mr. Pruet noted that
the Council received in their packets a letter from the Corpus Christi Nueces
County Department of Public Health who raised several of the same questions the
Council did. He noted that two specific things asked for were the ongoing
medical costs specifically as it relates to long-term; and secondly, the
well-being training that the City employees are being given or not being given.
He stated that when they are looking at privatization, they have to be sure it
will be cost effective in the long run, and City Manager Garza stated that those
things will be addressed before it is brought back to
Minutes
Regular Council Meeting
March 22, 1988
Page 16
the Council. Mr. Garza noted that a wellness program was started in the Police
Department that the staff would like to expand to the whole City. He also noted
they have worked out the contract with the Texas Rehabilitation Commission which
will be brought before the Council.
In answer to a question from Council Member Pruet regarding the wellness
program in the Police Department, City Manager Garza stated that the primary
concern in the Police Department is to keep them fit, and that he will provide
the information Mr. Pruet requested.
Mayor Turner inquired if it would be possible to have a very candid and
objective written report from Doctor Nina Sisley to see what her recommendations
may be, and City Manager Garza replied that Dr. Sisley will be at the meeting
when the recommendation is presented. He noted that it will probably be on the
agenda for the April 5 meeting.
Council Member Moss expressed the opinion that it seems as if it would be
advantageous to have Memorial Hospital bid on the proposal and inquired if that
had been considered, and City Manager Garza replied that it was the vote of the
Council to limit it to the bidders who had previously submitted bids. He noted
that he had spoken to Mr. Wheeler Lipes and he indicated they had not received
the package inviting them to bid.
Council Member Schwing inquired if there 1s going to be an analysis, not
only of the advantages Everhart offers, but how much better they are to justify
the § million dollars, and City Manager Garza stated that the staff is comparing
all of them based on the services that they provide, and it will be on a
spreadsheet and will be provided the Council.
* * * * * * * * * * * * * *
Mayor Turner called for petitions from the audience on other matters not
scheduled on the agenda.
Mr. John Stensland, 337 Primose, referred to the sound system in the
Council Chambers which had not been previously working and expressed
appreciation that the sound on the microphones has been corrected.
Mr. Irving Dietz, 455 Miramar, referred to the lighting of the Harbor
Bridge and stated that he thought a commitment was made by a representative of
the Central Business Association to pay $13,000 a year.
Council Member Slavik referred to the Minutes of the Council Meeting where
the above was considered and stated she had thought the Central Business
Association had also committed to some of the maintenance of the Harbor Bridge.
Ms. Slavik requested that the staff provide her with a copy of those Minutes.
Mr. Dietz then referred to the airport and stated that several days ago the
City Manager instructed his people to insure incorporating enterprise funds into
Minutes •
Regular Council Meeting
March 22, 1988
Page 17
the airport budget to pay off a portion of the debt service. He stated that
before the 1982 Bond Election took place, he made it clear to the Mayor that the
Navy was not asking for any money and that the Navy had already programmed a
military construction program for $11 million to buy land on the fringes of the
airfields called clear zones. He stated that it was agreed at that time that
if the Navy repaid the City, the City would apply it to the debt service fund.
He stated that in 1986 they made a payment of $597,000 at that time the majority
of the Council decided to apply it to buy land at the airport. He stated that
he heard that the Navy had made another payment of $732,000 and instead of the
City getting the full $732,000, some of it is tied up in escrow due to some
litigation and the City only received $710,000.
Mr. Dietz continued by reading an excerpt from the Minutes of the May 26
Council Meeting where an incorrect statement was made by the City Manager. Mr.
Dietz noted that the first payment was $597,000 diverted to the airport to buy
more land, but at that time it did not establish a policy that every time the
Navy made a payment it would go back to the airport fund to buy more land that
the City does not need.
Mr. Dietz stated that he would like to see that money diverted to the
people to reduce the debt service.
Mayor Turner noted that it would be helpful if the Council had some sort of
history of the policies which were approved during that period of time so the
Council could be updated on what was earlier agreed to.
City Manager Garza stated that the staff has adhered to the direction from
the Council that the reimbursements to the City be used for land acquisition for
the airport. He stated that it is just in conformance on direction from the
Council that each of the enterprise funds pay their own way, and that he agreed
with Mr. Dietz that it is a good move.
Mayor Turner inquired if staff could go back to the sale of the $5 million
and get the verbage that was approved at that time.
In answer to a question from Council Member Slavik, City Manager Garza
stated that there was an item in the Bond Proposal to sell some bonds for land
acquisition at the airport; staff decided instead to take the reimbursement from
the Navy clear zone reimbursements and apply those for land acquisition at the
airport. Mr. Garza noted that there was no cutoff set.
Mayor Turner stated she would like to see whatever information was included
in that Bond Program when the City sold the $5 million; what the public
expected; and particularly when the reimbursements were made, if any agreements
were made at that point.
Mr. Dietz stated that in regard to the commitment that was made in 1982,
the City Council agreed then that it would be returned to the taxpayers. He
Minutes '
Regular Council Meeting
March 22, 1988
Page 18
stated that in May of 1986, Ernest Briones confirmed that commitment had been
made and that the City Council voted to divert that money to the airport to buy
more land. Mr. Dietz noted that Council Member Slavik voted against it and he
thought she was right because she thought a commitment had been made to the
public.
Council Member Moss pointed out that Mr. Dietz is a retired civilian worker
at the Navy base in Engineering and now he is volunteering his time at the
airport to bring the engineering records up to date.
Mr. Harvey Meyer, Manager of the Wal Mart Store on Agnes and Gollihar,
noted that their store got involved in a paint -up, clean-up, fix -up with all of
their stores and became involved in "Operation Paintbrush." He noted that the
stere donated $.50C per can of the paint that they sold. He then presented a
check for $324.00 to the Council for "Operation Paintbrush."
Mr. Lewis Lovelace, 1549 Casa Grande, commended the six members of the
Council that voted on the dismissal of the former City Manager.
Ms. Barbara Donaldson, 1035 Woodlawn Circle, noted that she had been trying
to get the usage at 901 Airline legal as far as zoning because of a problem.
She stated that she has called several people on the City staff and no one has
helped her except Mr. Kirby Redlin. She stated that she called Susan Corey to
find out if there was a violation and if they were allowed to sell cars on the
property; Ms. Corey was very rude; she hung the phone up on her; and she will
not return her calls. Ms. Donaldson inquired who would help her with this
matter, and City Manager Garza took the information and stated he will see that
Ms. Donaldson is in touch with the right person. Ms. Donaldson noted that she
and her husband have a garage on 913 Airline which they are going to close
because of Mr. Herndon's operation.
Council Member Schwing inquired if a date on the Park Study that Assistant
City Manager Elizondo is working on could be added to the Council's Status
Report.
Council Member Moss commended the Peace Officers in Port Aransas on the
recent riot and urged them to enforce all their existing laws.
Mayor Turner suggested that a Resolution be passed for the Peace Officers
in Port Aransas.
Mr. Scot Ponton, 417 Chase, a college student, requested that a comparison
study be done on the way things are handled on the beach on South Padre Island
and Port Aransas. He referred to the recent riot and noted that it was a
frightening experience.
Council Member Slavik asked Mr. Ponton why he thought things worked better
on South Padre Island, and Mr. Ponton noted that you cannot drive cars on the
beach on South Padre Island.
Minutes '
Regular Council Meeting
March 22, 1988
Page 19
There being no further business to come before the Council, on motion by
Council Member Moss, seconded by Council Member Slavik and passed, the Council
Meeting was adjourned at 11:09 a.m. on March 22, 1988.
* * * * * * * * * * * * *
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 March
22, 1988, which were approved by the City Council on Marcid 29, 1988,
WITNESSETH MY HAND AND SEAL, this the /f day of
1tty Turne , MAYOR
Arman cl5 Chapa, City Secretary
City of Corpus Christi