HomeMy WebLinkAboutMinutes City Council - 04/19/1988PRESENT
Mayor Betty Turner
Mayor Pro Tem Bill Pruet
Council Members:
David Berlanga, Sr.
Clif Moss
Mary Rhodes
Frank Schwing
Mary Pat Slavik
Linda Strong *
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
APRIL 19, 1988
2:00 p.m.
City Manager Juan Garza
City Attorney Hal George
City Secretary Armando Chapa
Absent
Leo Guerrero
Mayor Turner called the meeting to order in the Council Chamber of City
Hall.
The invocation was given by Mayor Pro Tem Pruet following which the Pledge
of Allegiance to the Flag of the United States was led by Council Member Slavik.
Mayor Turner presented Council Member Berlanga with an official Certificate
of Commendation for Exemplary Service as Mayor Pro Tem for the term January 19,
1988 to April 18, 1988.
City Secretary Chapa called the roll and verified that the necessary quorum
of the Council and the required charter officers were present to conduit the
meeting.
A motion was made by Council Member Berlanga that the Minutes of the
Workshop and Regular Council Meetings of April 12, 1988 be approved as
presented; seconded by Council Member Rhodes and passed unanimously by those
present and voting; Strong and Guerrero absent.
* Council Member Strong arrived at the meeting at 2:15 p.m.
Mayor Turner recognized Ms. Betsy Nogueira, Chairman of the "Art in the
Heart Festival," who briefly explained details of the festival, invited the
Council to the opening ceremonies and presented them with festival T-shirts.
MICROFILMED
Minutes
Regular Council Meeting
April 19, 1988
Page 2
Mayor Turner recognized Mr. Gene Pennebaker, a representative of the Corpus
Christi Libraries, and presented him with a Proclamation designating April 18 -
22, 1988 as "National Library Week." Mr. Pennebaker introduced representatives
of the Corpus Christi Ad Club and stated that in observance of Library Week, the
Corpus Christi Ad Club has designated Corpus Christi libraries as the recipient
of one of their 1988 public service endeavors. Members affiliated with the
library presented the Council with material and posters.
Mayor Turner recognized Ms. Marcy Beatty, 8102 Duck Drive, representing the
Senior Community Services, and presented her with a Proclamation designating
April 17-23, 1988 as "Volunteer Recognition Week." Representatives affiliated
with Senior Community Services presented the Council with flowers, balloons and
invitations to a luncheon next Monday.
Council Member Rhodes referred to the Board and Commission Review Committee
and noted that although there were several proposals for new task forces
submitted to them, they recommended Mr. Terry Whitmire's proposal for a Building
and Inspection Division Ad Hoc Task Force. Mrs. Rhodes introduced Mr. Terry
Whitmire.
Mr. Terry Whitmire briefly explained the basic outline of what the Task
Force duties would be, the purpose of the Task Force, and how it would be
composed. Mr. Whitmire stated that basically the purpose of the Task Force
would be to increase the revenue of the Building Department and improve
efficiency and enforcement procedures of the building code ordinance. He stated
that one of the tasks that they feel will increase the revenue is better
communication and understanding between the Task Force and the Council.
Mayor Turner referred Mr. Whitmire's recommendations to the City Manager
for his review, and Council Member Rhodes requested that this item be placed on
next week's agenda.
* * * * * * * * * * * * *
Mayor Turner announced the bid opening on the Cole Park - Oleander Street
Parking Lot.
Mr. Victor Medina, Director of Engineering Services, opened bids on this
project from the following firms: King Isles, Inc. and A. Ortiz Construction &
Paving, Inc. Mr. Medina noted that both contractors submitting bids on this
project had submitted the required bid security bond.
Mayor Turner expressed appreciation to the bidders for submitting bids on
this project.
* * * * * * * * * * * * *
Mayor Turner recessed the Council Meeting at 2:35 p.m. to convene the
Meeting of the Corpus Christi Industrial Development Corporation.
Minutes
Regular Council Meeting
April 19, 1988
Page 3
* * * * * * * * * * * * *
Mayor Turner reconvened the Council Meeting at 3:00 p.m.
Mayor Turner called for consideration of Consent Motions 1 thru 3.
In reference to Item No. 2 pertaining to Approving a Supply Agreement for
Miscellaneous Photographic Supplies, Council Member Moss stated that he
understands why the Police Department has a need for this kind of service and
inquired about the photographic needs for Information Services when the City is
in such a budget crunch, and City Manager Garza stated that this is just an
estimate, and that the City has cut back in that regard in the last year for
Information Services. He stated that the figure will probably go down; the City
is not committed to buying $15,000 worth of supplies or services; it is simply a
promise that if the City utilizes this service, they will go with Picture
Express.
Council Member Moss questioned whether the figure shouldn't be reduced and
expressed concern about the City paying the bill for pictures for
ribbon -cuttings, and City Manager Garza stated that the figure has already been
reduced and noted that there are other things besides ribbon -cuttings, such as
presentations and slide projections. Mr. Garza noted that the Staff is
documenting use; this is not a budgetary situation; and it is just a contract
assuming if we utilize that service, the City would use this firm.
In answer to a question from Council Member Slavik, City Manager Garza
stated that the City has eliminated a position in this department worth about
$30,000 and noted that the program is much smaller then it was a year ago.
In reference to Item No. 3 pertaining to Approving a Supply Agreement for
Polyethylene Pipe and Fittings, Council Member Moss noted that recently the
Council approved a similar contract for the Water Department and inquired why
this couldn't be combined to have a savings, and City Manager Garza noted that he
is not sure it is the same product and that it could probably be combined. Mr.
Garza noted that for gas supply there are some very stringent requirements on
the strength of the pipe and the fittings, etc. He stated that they may be
manufactured by the same manufacturer and agreed to the fact that because they
are different does not mean there should be separate contracts.
Water Superintendent Paul Werner stated that it is a different product and
they are manufactured under different controls.
There were no comments from the audience on the Consent Motions.
A motion was made by Council Member Pruet to approve Motions 1 thru 3;
seconded by Council Member Slavik and passed unanimously by those present and
voting; Guerrero absent.
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Minutes
Regular Council Meeting
April 19, 1988
Page 4
1. M88-0089
Approving purchase of eighteen pickup trucks including twelve units from
Creveling Motors for a total of $131,073.92, and six units from Courtesy
Ford for a total of $65,970 based on low bids. Fourteen bid invitations
were issued and three bids were received.
2. M88-0090
Approving a supply agreement for miscellaneous photographic supplies with
Picture Express based on best bid for the estimated annual expenditure of
$15,000. The term of the contract shall be twelve months with an option to
extend for an additional twelve months subject to the approval of the
supplier and the City Manager or his designee. These items are used by the
Police Department and Information Services.
3. M88-0091
Approving a supply agreement for polyethylene pipe and fittings with Esco
Supply based on the low bid of $41,252. The term of the contract will be
twelve months with option to extend for an additional twelve months subject
to the approval of the supplier and the City Manager or his designee.
These items will be used by the Gas Division.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Resolutions, Ordinances
and Ordinances from previous meetings.
In reference to Item No. 4 pertaining to the Extension of the contract for
collections of delinquent ad valorem taxes with the law firm of Calame,
Linebarger and Graham, Council Member Slavik referred to the support material
and inquired about the percentage of the total delinquent taxes, and City
Manager Garza pointed out that the community in general has a good record of
paying its taxes and stated that in reference to the City collecting as much as
they should, the City is probably at about 94 percent.
Assistant City Manager Andrews noted that for 1985-86 and 1986-87 which are
the comparative years, for the City alone, 41.39 percent of the 85-86
delinquencies was collected and 41.16 percent of the 86-87 delinquencies.
She noted that to date thru March 31, 30.71 percent of the delinquencies was
collected.
In answer to a question from Council Member Slavik, Ms. Andrews stated that
the staff has done a seven-year analysis comparing before and after Calame
Linebarger & Graham were doing the collections; previously from 1981-82 thru
1983-84, the City's collection rates were between 26-31 percent for the
delinquencies; and that the City has realized a major increase by using this
firm.
Minutes
Regular Council Meeting
April 19, 1988
Page 5
City Manager Garza stated that the staff has looked into Mrs. Slavik's
concern regarding accounts delinquent for several years and noted that there are
some valid reasons for delinquent taxes and he elaborated on the reasons.
Council Member Moss inquired about the interest penalty regarding
delinquent taxes, and Mrs. Andrews stated that current year taxes are deemed
delinquent February 1st; from the period February 1 through July 1, they have
accumulated eighteen percent with penalty and interest; and then as of July,
there is an additional fifteen percent accessed to that in attorney collection
fees.
Council Member Slavik referred to Page 2 in the support material where it
states that the law firm proposes that compensation for these new services be
twenty-five percent of all delinquent lien payments received by the City as a
result of the law firm collection efforts and inquired why this is so high, and
Mrs. Andrews replied that these are paving assessments, demo liens and those
kind of accounts that are maintained by the City, and they are very difficult to
collect. She explained that the law firm will try to collect those as attorney
fees; therefore, the taxpayers will be paying the fees rather than the City.
City Manager Garza pointed out that as a result of going to this contract,
about six to eight people from the City have been cut back, and Mrs. Andrews
noted that this is also the City's first step in considering privatization of
the collection of the delinquent accounts.
In reference to Item No. 5 pertaining to the appropriation of monies from
the Oso Creek Parkland Bond Fund, Council Member Rhodes inquired what kind of
professional service is involved in this, and Mayor Turner inquired if it has
already been rendered, and Assistant City Manager Hennings stated that they have
not been rendered as of yet, and they are primarily appraisal services, some
survey work and archelogical surveys.
In reference to Item No. 6 pertaining to the Resolution establishing a
six -member Kennedy Causeway Advisory Committee, Council Member Slavik expressed
the opinion that she would like it to be ten or twelve members to allow better
representation.
Council Member Rhodes concurred with Mrs. Slavik and asked what the Red Dot
lease is, and Assistant City Manager Hennings stated that the Red Dot is one of
the bait stands on the Kennedy Causeway. Mrs. Rhodes referred to Item No. IV
regarding rent abatement and asked if this will be brought back to the Council,
and City Manager Garza noted that this item is not being approved at this time.
Council Member Rhodes made a motion to amend the Resolution to recommend
that the Steering Committee consist of twelve members. The motion was seconded
by Council Member Slavik.
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Minutes
Regular Council Meeting
April 19, 1988
Page 6
Discussion followed and Mrs. Rhodes amended her motion to amend the
Resolution to make the Steering Committee not to exceed twelve members. The
motion was seconded by Council Member Slavik and passed unanimously by those
present and voting; Guerrero absent.
In reference to Item No. 7 pertaining to the Duties and Responsibilities of
the Water Shore Advisory Committee, Council Member Moss stated that he
understood that the Park Board and Marina Board have met and inquired if they
addressed this item, and City Manager Garza replied in the affirmative and that
it was approved by both.
City Secretary Chap informed the Council that his office had slated some
appointments for the Water Shore Committee on April 26 but because this is a
three reading ordinance, he is moving those appointments to the first Tuesday in
May.
In reference to Item No. 9 pertaining to Adopting the name changes for
Boards and Commissions, Council Member Rhodes noted that some people did not
understand the change and suggested that the Staff send a letter explaining that
this was just a technical clean-up mechanism and not a demoting of the status of
the Boards.
In answer to a question from Mrs. Rhodes about the Transportation Board and
DWI sub -committee recommendation, City Secretary Chapa noted that there was a
distribution sent to all the Assistant City Managers and department heads
explaining what the policies were that were adopted by the Council and asking
their staff liaison to implement any changes and to advise each Board and
Committee of the new policy. Mrs. Rhodes requested that Mr. Chapa send the
letter which was previously referred to, and he noted he would do that.
In reference to Item No. 9 pertaining to the City of Mathis Water Sales
Contract, Council Member Berlanga inquired about the addendum and asked why it
was necessary, and City Manager Garza noted that it is a technical amendment;
these contracts were with the Lower Nueces River Authority which has been
dissolved; and the City needs to execute the addendum to recognize the
relationship between the City and Mathis. Mr. Garza noted that the addendums
will affect Alice and Beeville; they are the same and deal with the same issue.
He noted that the water rate will probably change, based on the City's cost for
water.
Council Member Moss referred to the Griffith Study and asked if this
contract allows for any changes in the price based on the City's cost, and City
Manager Garza stated that in regard to the Griffith Study, the staff did not
request the Griffith people to study any of the fees outside of the General
Fund, with the exception of the Ambulance Service. Mr. Moss asked if this
allows the City to change the price that they charge these cities depending on
what the City's costs axe., and Mr. Garza replied in the affirmative and noted
that the Griffith Report will be distributed to the Council next Tuesday.
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Minutes
Regular Council Meeting
April 19, 1988
Page 7
Mayor Turner called for comments from the audience on any of the items, and
Mr. John Stinson, 337 Primrose, referred to Items 7 and 8 and noted he and
another gentleman are currently advisory members on the Marina Board and asked
if they would be members of the Water Shore Committee, and Mayor Turner replied
in the affirmative.
City Secretary Chapa polled the Council for their votes and the following
were passed:
4. RESOLUTION NO. 20275
AUTHORIZING THE EXECUTION OF AN EXTENSION OF THE CONTRACT WITH CALAME,
LINEBARGER, AND GRAHAM FOR THE COLLECTION OF DELINQUENT AD VALOREM TAXES;
AND PROVIDING FOR PUBLICATION.
The foregoing Resolution passed by the following vote: Turner, Pruet,
Berlanga, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero
absent.
5. RESOLUTION NO. 20276
APPROPRIATING $10,000 FROM THE PARK BOND FUND 551 FOR THE PAYMENT OF
PROFESSIONAL SERVICES FOR OSO CREEK PARKLAND ACQUISITION AND DEVELOPMENT.
The foregoing Resolution passed by the following vote: Turner, Pruet,
Berlanga, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero
absent.
6. RESOLUTION NO. 20277
ESTABLISHING A KENNEDY CAUSEWAY ADVISORY COMMITTEE NOT TO EXCEED TWELVE
MEMBERS TO DEVELOP RECOMMENDATIONS FOR IMPLEMENTATION OF THE POLICY
STATEMENTS ARISING FROM THE JOHN F. KENNEDY MEMORIAL CAUSEWAY RECREATION
AREA MASTER PLAN.
The foregoing Resolution passed by the following vote: Turner, Pruet,
Berlanga, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero
absent.
7. FIRST READING
AMENDING THE CITY CODE, CHAPTER
2-81, 2-82, 2-83, 2-84, 2-85
WATERWAYS, BY AMENDING SEC.
PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed
Turner, Pruet, Berlanga, Moss,
"Aye"; Guerrero absent.
2, ADMINISTRATION, BY AMENDING SECS. 2-80,
; AMENDING CHAPTER 12, BOATS, BAYS AND
12-42(1); PROVIDING FOR SEVERANCE; AND
on first reading by the following vote:
Rhodes, Schwing, Slavik and Strong voting,
Minutes
Regular Council Meeting
April 19, 1988
Page 8
8. FIRST READING
AMENDING THE CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI TO CHANGE THE
NAMES OF THE FOLLOWING BOARDS, COMMITTEES, AND COMMISSIONS:
From To
Airport Board Airport Advisory Committee
Animal Control Advisory Board Animal Control Advisory Committee
Food Services Advisory Council Food Services Advisory Committee
Library Board Library Advisory Committee
Museum Advisory Board Museum Advisory Committee
Park & Recreation Board Park & Recreation Advisory Committee
Transportation Advisory Board Transportation Advisory Committee
Mechanical Advisory Board Mechanical Advisory Committee
Solicitation Commission Solicitation Advisory Committee
Bay Drilling Committee Oil & Gas Advisory Committee
Marina Board Water Shore Advisory Committee
Cable Communication Commission Cable Communication Advisory Committee
Municipal Arts Commission Municipal Arts Advisory Committee
AND AUTHORIZING THE NAME CHANGE IN ALL SECTIONS OF THE CODE WHERE THE
BOARDS ARE REFERENCED; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Pruet, Berlanga, Moss, Rhodes, Schwing, Slavik and Strong voting,
"Aye"; Guerrero absent.
9. SECOND READING
AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE WATER CONTRACT WITH THE
CITY OF MATHIS; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Pruet, Berlanga, Moss, Rhodes, Schwing, Slavik and Strong voting,
"Aye"; Guerrero absent.
10. SECOND READING
AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE WATER CONTRACT WITH THE
ALICE WATER AUTHORITY; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Pruet, Berlanga, Moss, Rhodes, Schwing, Slavik and Strong voting,
"Aye"; Guerrero absent.
11. SECOND READING
AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE WATER CONTRACT WITH THE
BEEVILLE WATER SUPPLY DISTRICT; AND PROVIDING FOR PUBLICATION.
Minutes
Regular Council Meeting
April 19, 1988
Page 9
The foregoing Ordinance passed on second reading by the following vote:
Turner, Pruet, Berlanga, Moss, Rhodes, Schwing, Slavik and Strong voting,
"Aye"; Guerrero absent.
12. SECOND READING
AMENDING THE CITY CODE, CHAPTER 17, FINANCE AND TAXATION, BY AMENDING
SECTION 17-36, LEVY OF TAXES; RATES; EXCEPTIONS: BY DELETING PARAGRAPH (C)
WHICH EXEMPTED RELIGIOUS, CHARITABLE, OR EDUCATIONAL ASSOCIATIONS FROM
COLLECTION OF THE HOTEL -MOTEL TAX LEVY; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Pruet, Berlanga, Moss, Rhodes, Schwing, Slavik and Strong voting,
"Aye"; Guerrero absent.
13. SECOND READING
AMENDING SECTION 13-1 OF THE CODE OF ORDINANCES ENTITLE "STANDARD BUILDING
CODE ADOPTED; AMENDMENTS," BY AMENDING SECTIONS 3401, 3402, AND 3403 AND
ADDING SECTION 3404; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION
BY NOTICE.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Pruet, Berlanga, Moss, Rhodes, Schwing, Slavik and Strong voting,
"Aye"; Guerrero absent.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 14 pertaining to the
Police Station and Municipal Court Facility.
Council Member Rhodes noted she has some real concerns about this item.
She noted that she sits on the United Way Executive Committee and stated that
CP&L had generously offered to give the building to United Way. She noted that
she personally saw three separate studies done by CP&L that list tremendous
problems with the building. Mrs. Rhodes noted that she is glad that the study
will be done and commended City Manager Garza for putting it on the agenda.
Mayor Turner stated that if is possible to renovate the CP&L Building, she
she thought there is every reason why the City should move forward with that and
she elaborated on the reasons. Mayor Turner also stated that she thought that
it is wise that an in-depth study will be done on the condition of the building.
Council Member Rhodes referred to the architects and inquired about the
work done on the old site, and City Manager Garza stated that they did a needs
assessment and have not prepared architectural drawings yet.
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Minutes
Regular Council Meeting
April 19, 1988
Page 10
Council Member Moss inquired if the staff had made a previous decision on
this matter and raised a question pertaining to the architects, and City Manager
Garza stated he is not sure a decision had been previously made on this and
stated either the City utilized the architects' expertise that they developed
relative to the City's needs, or the City pay someone else to look at those
needs and see how they fit in that building. He stated that there is some
economy there in utilizing the same people that have studied the City's
situation.
Council Member Moss expressed concern about how this matter has been
handled and asked what CP&L is asking for the building, and City Manager Garza
stated that he did not know what the market price is; he is familiar with the
figure they gave the City; and it is negotiable and not for publication.
Council Member Slavik expressed concern and requested a staff report in
writing that addresses the concerns mentioned and urged that the staff try to
get a copy of the feasibility studies referred to by Mrs. Rhodes, and Chief
Robert Olson pointed out that the staff is aware of the information mentioned by
Mrs. Rhodes.
Council Member Rhodes inquired if $9,995 is enough and stated she thought
that the price quoted was higher, and City Manager Garza stated that was the
price they quoted, and Assistant City Manager Garza noted that the staff did
proposals and negotiated the contract based on the proposal they received; staff
prepared a contract and had Legal review it; and Legal's interpretation was that
since the Council had approved that contract commissioning the architect to do
the work, that this amendment needed to be approved by the Council.
Council Member Strong noted that the Council received a note from City
Manager Garza explaining that although Mr. McDowell had approved the concept of
moving into that building if it was feasible, that he wanted to study it
himself, and she commended him for doing that. Mrs. Strong stated that she was
approached by an engineer who performed one of the studies for United Way who
wanted to make sure that the Council had access to that study because except for
a few weak spots, he felt that the building was very useable.
Mrs. Strong made a motion to approve an amendment to the architectural
services agreement with EDI Architecture and Roots/Foster Associates, Inc. for
the Police Station and Municipal Court Facility which authorizes the architect
to perform a feasibility study of the former CP&L building on Chaparral Street
for a fee of $9,995. The motion was seconded by Council Member Moss and passed
unanimously by those present and voting; Guerrero absent. (M88-0092)
* * * * * * * * * * * * *
Mayor Turner called for the City Manager's report.
Minutes
Regular Council Meeting
April 19, 1988
Page 11
City Manager Garza reported that the demolition of the old City Hall began
this weekend and the actual removal of the asbestos started Monday. He noted
that the building will start to come down at the beginning of next week.
In reference to the Mayor's update, Mayor Turner referred to the trip to
New York to the bond agencies regarding the bond ratings. She named the various
people who took part in the presentation and noted that the staff did an
outstanding job. Mayor Turner pointed out an issue which was brought up over
and over was that as long as the City has a tax rate cap in place, its current
rating will be in jeopardy. She stated if it were to be removed, by no manner
of means does that mean that the bond rating would be increased, but so long as
the tax rate cap is in place, the City's current bond rating is at risk. Mayor
Turner noted this is something that the Council should take a look at.
Council Member Slavik noted that in 1984 the Council discussed the removal
of the tax cap and stated it really did not affect the City's bond rating that
much. Mrs. Slavik noted that the reason the tax cap is on in the first place is
that it is a check on the City so they do not spend too much money and tax the
citizens too much. She stated that if it were to affect the bond market, the
interest rate would not be that great; it does affect the interest rate a
little; but the value of keeping the tax cap on outweighs any small amount of
interest rate that the City might have to pay. Mrs. Slavik noted that she is
against doing away with it and pointed out that according to the Texas Municipal
League, the City has one of the highest rates in the state.
Mayor Turner reiterated that both of the bond rating companies stated that
as long as the City has the tax cap rate in place, its current bond rating is at
risk.
Mayor Pro Tem Pruet stated that there cannot be any question that the tax
cap is already having an adverse effect on the City's bond rating; there is a
significant difference between the economy in 1988 compared to 1984; and to know
that the City has this problem and not take some action, the Council is being
derelict in their duties. He expressed the opinion that the tax cap rate should
be removed and inquired how that could be done, and City Manager Garza replied
it has to go to the voters, and City Secretary Chapa pointed out that it could
be tied in to the next election which is scheduled for April of 1989.
City Attorney George stated that to his recollection that election falls
just short of the two-year limit, so it will have to be the next election after
that.
City Manager Garza noted that the only provision in the charter different
from everything else is the tax provision which allows the City to amend the tax
rate at any time without reference to the two-year provision.
Minutes
Regular Council Meeting
April 19, 1988
Page 12
Mayor Turner gave a brief report of the recent Monterrey trip and noted
that there will be a large delegation of business and governmental persons
coming to the City in the Fall and encouraged the Council Members to get
involved and participate while they are here.
Mayor Turner called for liaison and other reports from the Council.
Boat Pass - Council Member Strong noted that she has been working with
Senator Carlos Truan's staff and the General Land Office staff for several
months. She referred to the lease for the Boat Pass and the Citizens Committee
which will be set up by the General Land Office. She noted that Senator Truan's
office is working very closely with them on the makeup of that committee and
that she expects the final makeup to come forth within the next month.
Botanical Gardens - Council Member Slavik referred to the benefit movie
this Thursday and encouraged the Council to attend.
Downtown Revitalization - Council Member Berlanga noted that the new
director for the Heart of Corpus Christi has been installed and is working very
hard. He noted that the staff is studying the idea of removing the downtown
parking meters. Mr. Berlanga pointed out that the Farmers Market is presently
located in the parking lot of CP&L.
Economic Development Corporation - Council Member Schwing requested that
Mr. Rudy Delgado provide a more in-depth report to the Council in reference to
the Monterrey trip.
Port Authority - Council Member Rhodes noted that as soon as she has some
more information she will provide it to the Council.
Regional Transit Authority - Council Member Moss noted that all the buses
have signs on them so the equipment which was ordered to make the signs must
have come in.
Convention and Visitors Bureau - Mayor Pro Tem Pruet noted that he would
like to schedule Mr. Chris Davis to come to a workshop in a couple of weeks to
brief the Council in detail on the status of the Bureau and provide an update on
their promotional programs.
Council Member Strong requested that the Council consider placing as an
agenda item next week an extension of the Shoreline Surreys' contract. She
noted that the Byerley contract is due to terminate on April 28 and she would
like a temporary extension to allow them time to go back thru the process.
Discussion followed and Mayor Pro Tem Pruet requested any information
available regarding this item dating back to 1983-1984. Mr. Pruet noted that he
has heard that there was representation by the City that the first vendor was
given an exclusivity. He pointed out that this is an unclear situation and the
Council needs all the background information.
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Minutes
Regular Council Meeting
April 19, 1988
Page 13
A motion was made by Council Member Rhodes to give the Byerleys an extension
in order for them to go thru the process. The motion was seconded by Council
Member Strong and passed by the following vote: Turner, Pruet, Berlanga, Moss,
Rhodes, Schwing and Strong voting, "Aye"; Slavik voting, "No"; Guerrero absent.
Council Member Strong referred to temporary signs which have been placed in
the right-of-way on the Island. She stated that the proper City department was
contacted last week pertaining to this matter and nothing has been done to
date. She noted that it is a direct violation of the sign ordinance. Mrs.
Strong referred to the Canta Mar Apartments on Ocean Drive and noted that they
have a series of little signs in front which are not allowed.
Mrs. Strong noted that she has some exciting information concerning Ms.
Ingrid Cavanaugh who works for the General Land Office and is the honorary
consulate for Costa Rica. Mrs. Strong noted that a class of students in Flour
Bluff and Costa Rica agreed to adopt and clean strips of beaches in their
respective countries in honor of each other. She stated this is the first step
in something that Ingrid is working on with the Country of Costa Rica to improve
the relationship with Texas. She noted that they are extremeley interested in
setting up sister city relationships with this country for student exchange and
are interested in various other activities. Mrs. Strong noted that in the very
near future, Ingrid will hold a press conference in Washington. Mrs. Strong
suggested setting up a conference as soon as possible so that Ingrid and
representatives from Costa Rica can make a presentation to the Economic
Development Corporation, Convention and Visitors Bureau, the Port, the Chamber,
the City Council and various interested citizens.
Council Member Slavik referred to a letter the Council received from
Assistant City Manager Hennings concerning the aquarium and referred to the fact
that it states in the memo that the City is not dredging on the Royal private
property. Mrs. Slavik asked if the staff received clear information regarding
the state's patent regarding the boundaries, and she requested a copy of that
information.
City Attorney George noted that the state patented that land to the City
back in the early 1920's. He stated that the letter from the Land Office says
that all of tract 803 is City land. He stated as the land erodes aways, it goes
to the state, and the state is saying as that occurs, it is City -owned land and
it is not owned by a private individual.
In reference to a question from Mrs. Slavik regarding this being checked,
City Attorney George replied he can't speak to each time and stated that the
letter that he has from the Land Office is not particularly in conjunction with
this particular dredging; it is in conjunction with the project; and he will
provide the letter to the Council. He stated that it is abundantly clear that
once the bay comes in and takes land away from the land owner, there are two
choices -- it is state or city -owned land.
Minutes
Regular Council Meeting
April 19, 1988
Page 14
Council Member Slavik referred to a letter she placed in the Council's
packet regarding suggested names for a task force in connection with the police
communications project, and made a motion that this suggestion be carried out.
City Manager Garza noted that he would have a concern about a motion just
in terms of the separation of the duties of the Council versus the City Manager.
He noted it is very close to delving into the administrative area and that he
would not recommend such a task force. He stated that he will certainly provide
advice to the Council and that they have the authority to assign a Council
Member to work with him as a liaison on this matter.
Council Member Slavik made a motion nominating Council Member Schwing to
serve on this task force, and the motion died due to lack of a second.
Council Member Schwing noted that the task force Mrs. Slavik referred to
would not be to give advice, but simply to provide questions.
Mayor Turner pointed out that there is a task force currently in place, and
City Manager Garza named all the people connected with this project. He stated
that he would appreciate receiving questions from the Council, but noted that
you have to be very careful when dealing with the City Manager form of
government that the separation of duties provision is respected.
Council Member Rhodes asked Mr. Garza if he had any problem with Sergeant
White being part of that task force, and Mr. Garza replied he had no problem
with that.
After more discussion, it was the consensus of the Council that there is an
administrative/management task force in place who will work on the
recommendation for the communications system, and the Council will make the
final decision.
Council Member Strong requested that all Council Members who had concerns
regarding this matter provide their concerns in writing in the form of questions
and share them with the rest of the Council.
Council Member Slavik referred to the presentation the previous week and
inquired if the gentleman's questions had been answered, and City Manager Garza
noted that they are in the process of being answered.
Council Member Slavik passed out information to the Council regarding a
letter from Fulbright and Jaworski. She noted that the letter she received in
her packet did not make sense so she requested the original letter. She
expressed concern because there was a discrepancy in the letter and inquired
which is the correct letter, and City Manager Garza stated that the letter in
question deleted the reference to Mr. John Bell at the request of Mr. Bell and
the City and upon the approval of Mr. Morrow of Fulbright and Jaworski. Mr.
Garza explained the reason the deletion was requested and stated that Mr. Morrow
had approved deleting Mr. Bell's name from the content of the letter.
Minutes
Regular Council Meeting
April 19, 1988
Page 15
Council Member Slavik noted it did not make sense and stated she did not
understand why this was done, and Mr. Garza stated that a letter should have
been affixed to that from Mr. Morrow, and it was felt that the letter gave undue
credit to Mr. Bell. He stated that he has spoken to all parties involved
regarding the reason why this happened and he is satisfied with the explanation.
Council Member Slavik expressed concern and noted that it looks like the
Council is being deceived, and City Manager Garza noted that unfortunately it
appears that way but it was never the intent but only an attempt to get it
mailed to the Council before the deadline. Mr. Garza noted that the letter was
not addressed to the Council.
Council Member Slavik pointed out if this was deleted, what else has been
deleted; it is a very serious matter; she wonders about the whole situation
regarding the aquarium; and stated it should not have been done, and City
Manager Garza reiterated that it was done with the full knowledge and permission
of the author, Mr. Morrow, and he approved it. He stated that he would have
preferred that Mr. Morrow had sent another letter.
Council Member Rhodes noted that she spoke before the Taxpayers'
Association, and they expressed concern about the CP&L rates. Mrs. Rhodes
requested that this matter be a workshop item and requested more information on
this.
City Attorney George reminded the Council that Corpus Christi is a member
of the CP&L area served Cities Committee. He noted that the City is actively
involved in that proceeding and stated that it would be a good idea to have a
presentation on this to bring the Council up to date.
Mayor Turner referred to the discussion of softball policies and fees which
was listed on the supplement to the agenda, and City Secretary Chapa noted that
it was put on the agenda at the request of five Council Members and not the
staff.
Mayor Turner inquired if the staff is prepared to make a presentation, and
City Manager Garza replied that they are not prepared to give a presentation but
are prepared to answer questions, and Council Member Strong stated that if the
City Manager was not aware that the issue was on the agenda that he should be
given a chance to study the issue, and it was the consensus of the Council that
it will be on next week's agenda.
* * * * * * * * * * * * *
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Mr. Karl Flugel, 338 Texas Avenue, noted that he is working on plans for
founding a Culinary Arts Museum in Corpus Christi. He referred to the old City
Hall and stated money was no object and requested that the Council reconsider
the demolition of the old City Hall.
Minutes
Regular Council Meeting
April 19, 1988
Page 16
Mr. Dee Haven, 1702 Tuloso Circle, President of the Restaurant Association
and affiliated with the Del Mar Culinary Art School, noted that they have seen
Mr. Flugel's proposal; they are interested in pursuing it; they think it is a
worthy project for Corpus Christi; and would like to be part of a study to
consider it. He noted there are several alternatives location -wise and stated
they support further study on this.
Discussion followed, and Mayor Turner appointed Council Member Rhodes to
work with Mr. Haven on this item to see if they could come up with a concrete
proposal.
Mr. J. E. O'Brien, 4130 Pompano, spoke in reference to the Fulbright and
Jaworski letter. He stated that he could not understand that they would allow
anyone to tamper with, or change in any way, a letter they had mailed to
someone. He stated it is obvious the letter was tampered with and asked how
many other documents the Council has received that have been distorted or
changed by the City staff. Mr. O'Brien noted that the City Manager's answer is
unacceptable and asked that the City Manager provide the Council with a copy of
the letter that John Bell sent to Fulbright and Jaworski. Mr. O'Brien stated
that it is beyond his comprehension that the Council, without a financial
statement of the Aquarium Association, has voted on three readings to vote what
they approved. Mr. O'Brien, speaking as a private citizen, stated that he no
longer approves of the aquarium and unless the $10 million is put to a vote of
the people, and there is some sort of an equitable bidding process for the
contract, he will not support it.
Council Member Slavik noted that she was not going to mention this but
stated that she did call Mr. Morrow on Monday and asked him if he knew anything
about this. She stated that she told him there were two copies, and it looked
like the letter had been changed because it was different. Mrs. Slavik stated
that Mr. Morrow stated there may be another copy in the computer and he will
check his records. Mrs. Slavik noted that Mr. Morrow stated that they probably
would have sent a new letter. She stated that the copy of the John Bell letter
is being sent to her and she will provide copies to the Council. Mrs. Slavik
pointed out that Mr. Morrow did not say that he authorized any change to the
letter.
Council Member Rhodes asked City Manager Garza if he spoke to Mr. Morrow
directly, and Mr. Garza replied he did not, and Mrs. Rhodes suggested that this
is the City Manager's business; he should check into it; and if anything needs
to be done about it, she trusts him to do it.
Mr. Raymond Hasker, 1813 Wallace, elaborated on the many concerns of the
taxpayers.
Mr. Edward Hogan, President of Grandstands, stated that they had
anticipated coming forward today during the discussions of the softball program
and noted that they will reserve their comments until next week. Mr. Hogan
noted that they are not talking privatization, but tax dollars that are
subsidizing a program to the extent of nearly $300,000 a year.
Minutes
Regular Council Meeting
April 19, 1988
Page 17
Mr. Dean Banks, representing Mrs. Helen Royal, noted that a question was
raised awhile ago about the dredging behind Mrs. Royal's property. He stated
that the question really is not about the patent, but basically the permitting
process for dredging. He stated that there is a procedure to follow; that
permit must come from federal authority; and he elaborated on the procedure. He
noted that it is clear that after the patent was granted, that Upland
property -owners in that area did exercise riparian and literal rights. He
stated that in the Aquarium Association's application to the Corps of Engineers
for a dredging permit, the Upland property -owners were omitted from that
application, and that is a violation from proper procedure because adjacent
property owners are always supposed to be listed. He stated that the
application was in error, and it does raise some questions about the entire
application.
City Attorney George stated that the Aquarium Association has acquired a
Corps of Engineers' permit; he has looked at it; and it is properly permitted.
He noted that Mr. Mosely is following some of the problems that were mentioned
today and that is all he could comment in view of the pending litigation.
In answer to a question raised by Mayor Turner, Mr. George stated that
there was a technical error according to Mr. Mosely; he has corrected that; and
he is awaiting the Corp' response.
Mr. Banks noted that Mrs. Royal is just asking for clarification of some
questions concerning her rights which have nothing to do with the lawsuit.
Council Member Strong noted that Mrs. Royal has initiated a lawsuit; those
issues will be settled during the lawsuit; and she thought it was inappropriate
for the Council to discuss this matter.
Mr. Dusty Adams, 5026 Middlecoff, affiliated with the Softball Association,
noted that he works with the City and they have agreed to the increase in fees
with the Park Board and Park and Recreation Department.
Mr. Gene Cannon, 4742 Vail, referred to Mr. Hogan's interest in
privatization and indicated that he felt his only interest was in making the
Grandstands successful. He also expressed the opinion that the Grandstands
operation is very poor.
Mr. Doug Ingle, 2214 Bird Island, informed the Council that he does not
object to privatization but does object to having to play softball at the
Grandstands.
Council Member Rhodes explained that she had agreed to have this item
placed on the agenda but only for discussion.
City Manager Garza pointed out that if the City should go to
privatization, competitive bids would be required.
Minutes
Regular Council Meeting
April 19, 1988
Page 18
Ms. Kay Sievert objects to privatization because she felt that the youth
leagues would suffer. She urged the City to retain operation of the softball
program.
Mr. Warren Dean, Park Manager for the City for 25 years, stated that the
City operates a clean, amateur sports system and expressed opposition to the
sale of alcoholic beverages at the Grandstands, particularly for youth sports.
Mr. Bob Cooper, a representative of the Softball Association, noted that
the church leagues will not support an organization that has a liquor license.
Ms. Rose Garza, 1442 Maryland, spoke in opposition to the Grandstands and
noted that the Park Board voted against privatization.
Ms. Shelia Bellows, 3802 Caravelle Parkway, spoke in reference to day care
in homes in neighborhoods which are properly licensed. She noted that the bus
situation in the City is very good.
Mr. Ernest Howe, presently employed by the Corpus Christi State School,
spoke in favor of the Grandstands and noted that they are running a good
organization.
Mr. Sydney Smith, 9330 Evening Star, noted that the City should figure out
a way to appease the situation and save tax dollars. He noted that there is not
that much difference in the baseball fields and if the City could save $100,000,
they should do it.
Ms. Cynthia Gutierrez and Ms. Jan Wilson, 9225 Tobin, spoke in favor of the
Grandstands.
Mr. Herman Marshall, 5145 Weber, a member of the Softball Association,
spoke in opposition to the Grandstands.
Mr. John Bell, 444 Sharon Drive, presented Council Member Slavik with the
original letter sent to Mr. Morrow regarding the financing plan summary for the
aquarium. Mr. Bell explained that he was the person responsible for deleting
his name from the letter previously discussed and offered a detailed
explanation.
A motion was made by Council Member Pruet to excuse Council Member Guerrero
from the Council Meeting because he is out of town on business. The motion was
seconded by Council Member Schwing and passed by those present and voting.
* * * * * * * * * * * * *
Mayor Turner recessed the Council Meeting at 5:30 p.m. to go into closed
session in accordance with Article 6252-17, Section 2(e), to discuss litigation
-- contract/lease/Certificates of Obligation.
Mayor Turner reconvened the Council Meeting at 5:50 p.m. and there being no
further business to come before the Council, she adjourned the Council Meeting
at 5:55 p.m. on April 19, 1988.
* * * * * * * * * * * * *
r
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 April
19, 1988 which were approved by the City Council on April 26, 1988.
WITNESSETH MY HAND AND SEAL, this the ab day ofl/y
Armando Chapa, City ijecretary
City of Corpus Christi
Betty Turner, MAYOR