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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 AUTHOR;S;N6--THE.-4;Ni GIYPI-ON---0--A--LEABE--AGRE.EKRN-4,FPF&-3-gEXA$--STATE MUARli3M--AfrEE76T-AT-I-0N---FOR--4'--AQUA&H44--PROJEGTI--AND - IPI41G--FOA PUBTACATGNT * * * * * * * * * * * * * 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