HomeMy WebLinkAboutMinutes City Council - 11/29/1988PRESENT
Mayor Betty Turner
Mayor Pro Tem Leo Guerrero
Hall.
Council Members:
David Berlanga, Sr. *
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing *
Mary Pat Slavik
Linda Strong *
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
NOVEMBER 29, 1988
2:00 p.m.
City Manager Juan Garza
Assistant City Attorney Jimmy Bray
City Secretary Armando Chapa
Mayor Turner called the meeting to order in the Council Chambers of City
The invocation was delivered by Pastor William Schuster of Mt. Olive
Lutheran Church following which the Pledge of Allegiance was led by Council
Member Clif 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 the Minutes of the Regular
Council Meeting of November 22, 1988 had not been sent to the Council due to the
Thanksgiving holiday and will be provided this week.
Mayor Turner recognized
representatives of the Harbor
Lights Festival and invited
Saturday, December 3rd. The
with T-shirts and invited the
at the Sheraton -Marina Inn.
Ms. Cathy Harrison and Ms. Maureen Mahoney,
Lights 1988 Committee, who commented on the Harbor
the Council to participate in the Festival on
committee members presented the Council Members
Council to a fun -raiser on Wednesday, November 30,
Mayor Turner administered the Oaths of Office to the following Board and
Committee appointees: Sam Poteet, Nick Reyna, Jack Bell, Cathy Harrison, Roy
Hinojosa, Berney Seal, Ed Garza, Shirley Pagan, Al Jones, Elmo Jackson, Ricardo
Sanchez and Roy Mayo - Corpus Christi Area Convention and Visitors Bureau.
* * * * * * * * * * * * *
MICROFILMED
inutes
Regular Council Meeting
November 29, 1988
Page 2
Mayor Turner called for consideration of Consent Motions, Resolutions,
Ordinances and Ordinances from previous meetings, and Council Members requested
that Items 1, 3, 4, 7 and 8 be withheld for discussion.
There were no comments from the audience on the other items.
City Secretary Chapa polled the Council for their
were passed:
2. M88-0249
Motion approving a supply agreement
International Inc. based on the low
contract will be twelve months with
twelve months subject to the approval
or his designee. These items will be
votes and the following
for C-900 PVC Pipe with Industrial
bid of $384,720. The term of the
option to extend for an additional
of the supplier and the City Manager
used by the Water Department.
The foregoing motion passed by the following vote: Turner, Guerrero, Moss,
Pruet, Rhodes and Slavik voting, "Aye"; Berlanga, Schwing and Strong absent
at the time the vote was taken.
5. M88-0252
Motion consenting for TCI Cablevision to substitute station TNT for KTVT
under cable franchise pursuant to Section 625 (a) (1) (B) of the Cable Act
of 1984.
The foregoing motion passed by the following vote: Turner, Guerrero, Moss,
Pruet, Rhodes and Slavik voting, "Aye"; Berlanga, Schwing and Strong absent
at the time the vote was taken.
6. M88-0253
Motion awarding a contract to Oshkosh Truck Corporation in the amount of
$280,574 for the purchase of a new Aircraft Rescue Firefighting Vehicle for
Corpus Christi International Airport.
The foregoing motion passed by the following vote: Turner, Guerrero, Moss,
Pruet, Rhodes and Slavik voting, "Aye"; Berlanga, Schwing and Strong absent
at the time the vote was taken.
9. FIRST READING
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH E. R. SCHENDEL
AS COURT-APPOINTED GUARDIAN FOR THE ESTATE OF ANNA McCAMPBELL FORE, OWNER
OF LOT 5A, BLOCK 11, BEACH PORTION, TO ALLOW THE INSTALLATION OF AN
OVERHEAD BUILDING AWNING ABOVE THE PUBLIC RIGHT-OF-WAY OF PEOPLES STREET.
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.9inutes
Regular Council Meeting
November 29, 1988
Page 3
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Berlanga,
Schwing and Strong absent at the time the vote was taken.
10. SECOND READING
AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, SECTION 2-67,
LIMITATIONS ON APPOINTMENTS, SO AS TO ADOPT A PROHIBITION AGAINST ANY
ADVISORY, NON-VOTING MEMBER FROM A BOARD OR COMMISSION FROM SERVING AS AN
ELECTED OR APPOINTED OFFICER ON THE BOARD OR COMMISSION TO WHICH SUCH
PERSON HAS BEEN APPOINTED; AND PROVIDING FOR SEVERANCE.
The foregoing Ordinance was passed on second reading by the following vote:
Turner, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Berlanga,
Schwing and Strong absent at the time the vote was taken.
11. ORDINANCE NO. 20534
AMENDING THE CAPITAL IMPROVEMENT FUND APPROPRIATION FROM $76,344,529 TO
$76,847,578 TO PROVIDE FOR CHANGES IN THE PROGRAM SCOPE ORIGINALLY
ANTICIPATED, AND TO ALLOW FOR RESERVE APPROPRIATIONS WITHIN VARIOUS BOND
ACCOUNTS.
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Berlanga,
Schwing and Strong absent at the time the vote was taken.
12. ORDINANCE NO. 20535
AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH THE UNITED STATES
DEPARTMENT OF THE NAVY FOR THE USE OF APPROXIMATELY 28.3 ACRES OF FEDERAL
PROPERTY FOR CONDUCTING YOUTH SPORTS PROGRAMS; AND AUTHORIZING A LICENSE
AGREEMENT BETWEEN THE CITY AND THE OSO YOUTH SOCCER LEAGUE FOR THE USE OF
SAID FEDERAL PROPERTY.
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Berlanga,
Schwing and Strong absent at the time the vote was taken.
* * * * * * * * * * * * *
In reference to Item No. 1 relative to Approving a Supply Agreement for
Miscellaneous Traffic Markers, Council Member Moss inquired about the length of
time for approval of this item, and City Manager Garza responded by stating that
staff decided on the best bid recommendation for the 3M Company and took time to
debate the matter. Mr. Garza indicated that when the City buys on a best bid
basis, they thoroughly check it out.
Minutes
Regular Council Meeting
November 29, 1988
Page 4
In reference to Item No. 3 pertaining to Approving a Supply Agreement for
Custodial Services, Council Member Slavik inquired about the employees who will
do the daytime porter services, and City Manager Garza replied that the two City
employees are Leonard Cisneros and Joe Charles. He indicated that City
employees are not being replaced, noting that before the move to the new City
Hall, there was more of a demand on maintenance services because the various
departments had their own custodians. Mr. Garza stated that due to the
consolidation, the requests for services has decreased.
* Council Member Strong arrived at the meeting at 2:15 p.m.
In reference to Item No. 4 relative to the Utility Crossings - Corpus
Christi Ship Channel, Council Member Rhodes indicated that previously there were
discussions on this issue and extensive studies done by the same engineering
company.
Assistant City Manager Jesus Garza and Carl Crull, Acting Engineering
Services Director, indicated that the studies referred to by Mrs. Rhodes dealt
with Avery Point, indicating that these address the lines at the mouth of the
harbor. Mr. Garza explained the recommendation for approval of the contract
with Goldston Engineering, noting that the City was mandated to lower these
lines by the Corps of Engineers; and through negotiations, it was agreed that
the City will not be required to lower these utilities if the lines are below
elevation -55.0 feet M.S.L. Mr. Garza indicated that the Corps of Engineers
requested that the elevations be verified.
Council Member Slavik inquired if competitive bids were taken on this item,
and City Manager Garza responded by stating that this is for engineering
services, and the City is prohibited by law from taking competitive bids for
professional services.
Assistant City Manager Jesus Garza noted that because of the timeliness of
this matter, the City requested a proposal from the firm who did the original
work and negotiated a contract with them off that proposal.
* Council Member Berlanga arrived at 2:35 p.m.
In reference to Item No. 7 pertaining to the McKenzie Road Extension -
Parcel 1, Council Member Moss inquired about the value of this property on the
tax rolls, and City Manager Garza responded by stating that the appraisal value
of the property is $261.00. Mr. Garza indicated that the owner paid $5.00 in
taxes last year, and Council Member Moss directed him to bring that to the
attention of Mr. George Moff with the Appraisal District.
In reference to Item No. 8 relative to the Audit of Franchise Fees, Council
Member Berlanga inquired about the purpose for the investigation, and City
Manager Garza replied that this matter has been discussed by staff for several
years; it has never been done by the City; and it is good business practice to
perform an audit every couple of years.
Inutes
Regular Council Meeting
November 29, 1988
Page 5
Council Member Slavik expressed the opinion that the audit is an excellent
idea and inquired about the Houston firm, and City Manager Garza stated that
inquires were received by the City and a request for proposals was sent out. He
noted that the intent was to obtain a qualified auditing service willing to work
on a contingency fee basis. Mr. Garza noted that the audit will begin two to
three weeks after approval by the Council and the time frame will be ninety
days.
In answer to a question from Mayor Turner, Assistant City Manager Andrews
indicated that the franchises to be audited are the electric, telephone and
cablevision franchises and will also include a sample of ten of the hotel/motel
tax audits. Mrs. Andrews indicated that Municipal Administrative Services, Inc.
is proficient in performing this type of work, noting that similar audits have
been performed by M.A.S. for various other cities and in most cases, there have
been funds recovered.
Mr. Lupe Silva, a certified public accountant in Corpus Christi, expressed
concern that local firms were not involved and inquired if this was advertised.
Mr. Silva also expressed concern that there should have been procedures worked
into the system to avoid any overpayment.
Mayor Turner encouraged Mr. Silva to place his resume on file with the City
and meet with someone in the City's Financial Department.
Assistant City Manager Andrews noted that the City's Financial Department's
policy is to advertise in the newspaper, as well as to submit RFP's to anyone
who expresses interest. She noted that this was advertised in the newspaper in
August, indicating that Mr. Silva has responded before to RFP's from the City.
Mrs. Andrews pointed out that relative to CPA's, contingency fees are part of
their code of ethics and on some contracts, they might not be able to bid on a
contingency basis.
City Secretary Chapa polled the Council for their votes and the following
were passed:
1. M88-0248
Motion approving supply agreement for miscellaneous traffic markers with
the following companies based on low bid, best bid, and only bid. The term
of these contracts will be twelve months with option to extend for up to 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 Traffic
Engineering Division.
Potters Industries
Glass Spheres (Group 1) low bid $16,994.81
Southwestern Materials
Reflectorized Pavement Markers (Group 2) low bid 30,657.50
Minutes
Regular Council Meeting
November 29, 1988
Page 6
3M Company
Reflective Pavement Markings (Group 3) best bid 46,774.00
Trantex, Transportation Products of Texas, Inc.
Pavement Marker Epoxy (Group 4) only bid 5,687.50
TOTAL: $100,113.81
The foregoing motion passed by the following vote: Turner, Guerrero,
Berlanga, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Schwing
absent at the time the vote was taken.
3. M88-0250
Motion approving a supply agreement for custodial services for City Hall
with Corpus Christi Janitorial Services based on the low bid of $49,080.
The term of the contract will be twelve months, with option to extend for
up to two additional twelve month period, subject to the approval of the
supplier and the City Manager or his designee. This contract will be
administered through the Building Maintenance Division.
The foregoing motion passed by the following vote: Turner, Guerrero,
Berlanga, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Schwing
absent at the time the vote was taken.
4. M88-0251
Motion approving a contract for surveying services with Goldston
Engineering, Inc. for an amount not to exceed $271,360 to determine the
location and elevation of the City's utility lines which extend under the
Corpus Christi Ship Channel near the Harbor Bridge.
The foregoing motion passed by the following vote: Turner, Guerrero,
Berlanga, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Schwing
absent at the time the vote was taken.
7. RESOLUTION NO. 20533
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO
PARCEL 1 FOR THE McKENZIE ROAD EXTENSION PROJECT AND TO ACQUIRE SAID PARCEL
FROM THE OWNER, A. M. EWING.
The foregoing Resolution passed by the following vote: Turner, Guerrero,
Berlanga, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Schwing
absent at the time the vote was taken.
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Regular Council Meeting
November 29, 1988
Page 7
8. M88-0254
Motion authorizing the execution of an agreement with the Municipal
Administrative Services, Inc. (M.A.S.) to perform an audit of the City's
Major Franchise Payments for the six-year period FY 1982-83 through
1987-88; authorizing payment equal to 50% of amounts recovered as a result
of the audit less litigation costs and attorney fees; providing for a
sample audit of the Hotel/Motel Occupancy Tax Receipts and authorizing the
City Manager to expand the scope of services to a complete audit of all
occupancy tax receipts.
The foregoing motion passed by the following vote: Turner, Guerrero,
Berlanga, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Schwing
absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 13 relative to the
$16,000,000 Bond Sale. She stated that the improvements to the T -head and the
seawall will be made as approved by the voters, noting that the bulkheading will
be repaired with the bond money.
* Council Member Schwing arrived at 2:40 p.m.
Council Member Moss inquired about the cost to issue the bonds other than
the interest, and City Manager Garza indicated it will be approximately less
than 1 percent of the issue, noting that the Council will be provided a fee
schedule.
Council Member Slavik inquired if the City will send out RFP's to dealers
for the bond sale, and City Manager Garza indicated that the City will bid the
sale; it will be advertised nationally; and it will be managed by one major
underwriter. Mr. Garza noted that it is not a negotiated sale.
Assistant City Manager Andrews noted that the City's financial advisor, Mr.
Jim Seal, will get in touch with those major holders or banking houses who will
be able to create syndicates to buy the City's bonds. Mrs. Andrews noted that
the bonds will be on the street the date that they are issued (January 17, 1989)
and the City will receive the funds about thirty days later.
Mayor Turner requested a brief report on the seawall, and Acting
Engineering Services Director, Carl Crull, stated that the plans for the seawall
and T -head repairs are in the engineering office for final review, noting that
the engineering work is 99 percent complete. Mr. Crull stated that the City
will advertise for bids after the bonds are sold and award the contract after
the money is available.
City Secretary Chapa polled the Council for their votes and the following
motion was passed:
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Minutes
Regular Council Meeting
November 29, 1988
Page 8
13. M88-0255
Motion authorizing bids to be received until 11:30 a.m., Tuesday, January
17, 1989, for the sale of $16,000,000 of General Improvement bonds with the
sale to be acted on at the Regular Council Meeting at 2:00 p.m. on the same
date.
The foregoing motion was passed by the following vote: Turner, Guerrero,
Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye."
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 14 pertaining to the
Municipal Arts Committee Recommendation for Subgrant Funding to Various Arts
Organizations.
Assistant City Manager Hennings stated that the Municipal Arts Advisory
Committee's recommendation for funding arts organizations was based on
recommendations made by the Projects Subcommitee after a review by a seven -
member Peer Panel. He noted that the Peer Panel is an Ad Hoc Committee which is
made up of representatives of various arts disciplines frequently requesting
funding. Mr. Hennings stated that the Municipal Arts Advisory Committee,
through its arts subgrant guidelines, provides all applicants with technical
assistance in making their application. He noted that the guidelines define the
required criteria necessary for a successful application and also provides an
organization an opportunity for appealing the Advisory Committee's
recommendation to the Council. Mr. Hennings stated that this year three
organizations wish to appeal for reconsideration, noting they are The Czech
Heritage Society, The Cathedral Concert Series and The Galeria Chaparral.
Mr. Hennings continued by stating that since the $20,030 for the Corpus
Christi Arts Council exceeds $10,000, the contract for the Arts Council requires
City Council approval. He noted that there is $130,000 budgeted and the
proposed allocation plan would use the entire amount. Mr. Hennings stated that
the committee recommends reserving $4,829 in a Special Opportunity Fund for
contingencies which might arise during the year.
Council Member Schwing inquired about the unpaid debt by the Arts Council
for the Bayfest T-shirts, and Mr. Hennings noted that the payment for the
T-shirts is still pending. Mr. Hennings stated that the proposed contract will
cover expenses for the program year beginning December 1 and would not
contemplate paying off old debts. Mr. Schwing suggested not funding the Arts
Council until they have taken care of their old obligations.
Ms. Mary Isham, Executive Director of the Arts Council, stated that there
is enough money in the Arts Council's checking account to cover most of the
outstanding debt, but without the $20,000 allocation, there would be no funds
left and the Arts Council could not survive. She stated that the net loss of
funding due to the cancellation of Bayfest was about $12,000. Ms. Isham stated
that the Arts Council is in the midst of a short-term and long-term plan to
correct their financial situation.
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Minutes
Regular Council Meeting
November 29, 1988
Page 9
Council Member Strong spoke in support of the Arts Council, noting that it
is the oldest Arts Council in the state; they have had some extenuating
circumstances this year; and are in desperate need of the grant for next year.
Mrs. Strong stated that something could be worked out, indicating that she would
like to see the money set aside on a contingency that on December 1, they could
write their check and pay off their debts and be allowed their subgrants for the
year.
A motion was made by Council Member Schwing to amend the Resolution and
approve the funding for the Arts Council pending proof of payment of their
outstanding debt. The motion was seconded by Mayor Pro Tem Guerrero and passed;
Strong voting "No."
Mayor Turner referred to The Czech Heritage Society's appeal for
reconsideration of their request, noting that they are an excellent organization
and their request was denied because it was considered to be of a recreational
nature.
Mayor Pro Tem Guerrero expressed concern about funding 26 organizations and
leaving two organizations out, indicating that the City should fund the Czech
Heritage Society with seed money. He inquired about their request, and
Assistant City Manager Hennings noted that the Society modified their request to
$2,600 instead of $4,000.
A motion was made by Mayor Pro Tem Guerrero to take
Opportunity Fund for the Czech Heritage Society. The
Council Member Pruet.
Council Member Rhodes expressed concern regarding
matter, noting that the Municipal Arts Commission has a
of how they determine who will be awarded the funding.
$2,600 from the Special
motion was seconded by
the principle of this
very exacting procedure
Ms. Aurora Williams, Chairman of the Projects Subcommitee, noted that the
reason the Czech Heritage Society's grant was declined was because of the
wording in the application which did not fit into the guidelines as their grant
was written.
The above motion passed by the following vote: Turner, Berlanga, Guerrero,
Pruet, Schwing and Slavik voting, "Aye"; Moss, Rhodes and Strong voting, "No."
Mr. Jose Garza, Director of The Galeria Chaparral, spoke on behalf of the
Galeria. He briefly explained the reason for the denial of their
recommendation, noting that it was because of an internal board problem within
the organization. Mr. Garza indicated that the problem has since been cleared
up and requested reconsideration of their proposal. Mr. Garza noted that the
organization has been in operation for three years and last year received
funding of $6,000 with anticipation of the same funding for this year.
Mr. Roland Gaona, a representative of the Municipal Arts Commission,
indicated that a recommendation was made to request the Projects Committee to
grant the Galeria $2,000, and Ms. Williams, a member of the subgrant committee,
noted that the committee will meet on December 1 to review the application.
Minutes
Regular Council Meeting
November 29, 1988
Page 10
A motion was made by Mayor Pro Tem Guerrero to set aside $2,000 from the
Special Opportunity Fund to be used in conjunction with this request for the
Galeria Chaparral. The motion was seconded by Council Member Strong.
Discussion followed and Council Member Rhodes indicated that the Galeria
has recently moved to a new location which is an asset to the downtown area.
She noted that the Keep America Beautiful Program has dissolved and there is
some funding left over in their budget, noting that the Galeria Chaparral could
be funded with this money. Mrs. Rhodes made a motion to set aside $4,000 from
the Keep America Beautiful fund for the Galeria. The motion was seconded by
Mayor Pro Tem Guerrero.
The two aforementioned motions passed unanimously.
A representative from the The Cathedral Concert Series spoke on their
behalf, noting that last year they received funding indirectly from the City.
He briefly commented on their projects and funding needs, noting that they
feature high-quality concerts at no charge to the citizens.
Mayor Pro Tem Guerrero moved that $4,250 be taken out of the Keep America
Beautiful fund for the Catherdal Concert Series. The motion was seconded by
Council Member Pruet.
Assistant City Manager Hennings pointed out that the amounts which the
Committee has recommended are not the total amounts of the requests, whereas the
appeals which are being requested are at the full amount of the request.
The Council and City Manager briefly discussed the topic of the funding in
the Keep America Beautiful fund, noting there would be $11,000 remaining in the
account, and Council Member Strong noted that it is extremely important that
some funds be left in that account because next year the program might
again become a functional operation.
The above motion passed unanimously.
City Secretary Chapa polled the Council for their votes and the following
Resolution was passed as amended:
14a. RESOLUTION NO. 20536
APPROVING THE ALLOCATION OF ARTS SUPPORT FUNDS TO 24 ARTS ORGANIZATIONS,
THE PERMANENT ART TRUST FUND, AND A SPECIAL OPPORTUNITY FUND.
The foregoing Resolution, as amended, was passed by the following vote:
Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong
voting, "Aye."
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Regular Council Meeting
November 29, 1988
Page 11
14b. RESOLUTION NO. 20537
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CORPUS CHRISTI ARTS
COUNCIL FOR ITS 1989 SERVICE PROGRAM AND ACTIVITIES.
The foregoing Resolution, as amended, was passed by the following vote:
Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong
voting, "Aye."
* * * * * * * * * * * * *
Mayor Turner recognized Mr. Tony Bonilla, Chairperson of the Quincentennial
Commission.
Mr. Bonilla updated the Council on the Quincentennial Commission, noting
that the Commission has expanded. He stated that one of the Commission's goals
is to begin positioning Corpus Christi to be recognized as an international City
and to obtain recognition from the National Quincentennial group in Washington.
Mr. Bonilla requested approval of the following recommendations: 1. that
the Bayfront Arts and Sciences Park be renamed the Plaza of the Americas; 2.
that Agnes Street be renamed as the Avenue of the Americas; 3. that the Council
fill three vacancies on the Commission; and 4. that a $20,000 commitment for
seed money be granted to the Commission for operational purposes in increments,
with $5,000 to be initially given to the Commission.
Mayor Turner stated that the City Manager has indicated that funds are
available and referred the matter of $20,000 to be paid out in increments
to the staff to make recommendations to the Council and identify the source of
those funds.
City Secretary Chapa pointed out that each of the Council Members has a
certain number of appointees to the Commission, and he will contact those
individuals who had appointees who resigned. Mr. Chapa indicated that these
names will be provided to Mr. Bonilla before the Commission's first meeting in
January.
Relative to the renaming of Agnes Street, Mayor Turner noted that it is a
good idea as long as the business people do not object to the name change, and
after discussion on this issue, it was the consensus of the Council that the
Staff work with Mr. Bonilla on the concept for the renaming of Agnes Street.
Council Member Rhodes inquired about the proposed contest for renaming the
Bayfront Arts and Science Park, and Assistant City Manager Hennings noted that
Mr. Eddie Singer initiated the request for the contest and has asked the City
that the contest be put on hold. Mr. Hennings indicated that he would bring
this issue up at the next Watershore Advisory Committee meeting.
Minutes
Regular Council Meeting
November 29, 1988
Page 12
Discussion followed regarding the renaming of the Park, and the Council
expressed interest in Mr. Bonilla's request. It was the consensus of the
Council that input be solicited from the public, and Mayor Turner requested that
staff advise the Council of the correct procedure to be followed relative to the
initial request for the contest. Mayor Turner requested that Mr. Bonilla be
kept apprised.
Mayor Pro Tem Guerrero provided some background information pertaining to a
1983 issue relative to the renaming of the Bayfront Arts and Science Park and
suggested that Mr. Bonilla be provided the Minutes pertaining to that issue.
Council Member Berlanga suggested that Mr. Bonilla request a definite
recommendation; the Council will consider the recommendations; and take action
on them.
Mayor Turner reiterated and commented on Mr. Bonilla's requests. She
stated that the Council OK'd the seed money and staff will identify the source
of funding; she noted that the vacancies will be filled by the Council Member
who appointed those individuals initially; she instructed staff to work closely
with Mr. Bonilla, noting that the Council does embrace the concept of the
Avenue of the Americas; and she indicated that staff will come up with the
procedure that needs to be followed to consider renaming the Bayfront Arts and
Science Park and will advise Mr. Bonilla.
Mr. Bonilla expressed appreciation to the Council for their support.
* * * * * * * * * * * * *
Mayor Turner called for the City Manager's report.
City Manager Garza referred to a list of questions which were presented to
him last week by a member of the Taxpayer's Association. Mr. Garza provided
answers to the questions, noting that the City has an obligation to attempt to
recover its costs anytime the City is involved in a lawsuit. Mr. Garza
indicated that sanctions were requested to reimburse the City for what was
considered a frivolous lawsuit which was filed in federal court. He read a
statement and quoted the decision which was rendered by the United States Court
of Appeals for the Fifth Circuit. Mr. Garza indicated that he is very convinced
that the City proceeded correctly in the lawsuit and that the City did not
consider their original action frivolous.
Council Member Slavik requested that the City Manager provide his answers
in writing to Mr. Charles Nichols.
Mr. Garza referred to a concern last week from Ms. Reva Gregg relative to
comments made by Mr. Brandol Harvey at the Planning Commission hearing. Mr.
Garza indicated that he spoke with Mr. Harvey and he indicated that he had a
twenty—minute discussion with Ms. Gregg the night of the hearing. Mr. Garza
indicated that Mr. Harvey did not recall making a comment that the public was
not invited to the Hearing.
Minutes
Regular Council Meeting
November 29, 1988
Page 13
Assistant City Manager Elizondo indicated that he did meet with Ms. Gregg
and presented a report to the City Manager, noting that there was a disagreement
as to what actually transpired. Mr. Elizondo stated that Ms. Gregg was advised
of the process which was to be followed the night of the hearing.
Mayor Turner called for liaison and other reports from the Council.
Council Member Rhodes updated the Council on the status of the Keep America
Beautiful funding. She stated that after they were dissolved, there were some
assets and money, noting that the assets and half of the money went to a Keep
America Beautiful office in Port Aransas. Mrs. Rhodes indicated that because it
was City money, the other half was to be distributed to a non-profit agency and
was nominated to be given to the Heart of Downtown.
Council Member Slavik requested a written report on the status of Keep
America Beautiful.
Council Member Moss commented on a memorandum from City Manager Garza
relative to the permitting fees, and Mr. Garza indicated that the City needs to
consider what a full-blown enforcement effort will be, noting that he is
concerned about the staff's ability to handle the outcome.
Council Member Moss inquired if the vehicle being approved under Item No. 6
is replacing the one which was overhauled, and City Manager Garza replied that
it is not.
Mayor Pro Tem Guerrero referred to the issue on the retired firefighter
fund which is still prevalent. He expressed the opinion that the Council needs
to make it public that the existing firefighters do not want to fund it, noting
that the Council has no authority over the issue. Mr. Guerrero suggested an ad
in the newspaper explaining this issue to the public.
City Manager Garza indicated that a suggestion was made to him that this
issue be made a part of the negotiations with the Firefighters Association, and
it is his intention to do so. He suggested the idea of communicating with the
local citizens on an annual report basis, perhaps by a flyer in the newspaper,
noting that is an issue which could be told to the citizens.
Council Member Berlanga expressed concern regarding this issue. He stated
that the City has a moral obligation to try and help its former employees,
noting that between the firefighters and the Council something could be done for
the retirees.
* * * * * * * * * * * * *
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
1
Minutes
Regular Council Meeting
November 29, 1988
Page 14
Mr. Earl Wilder, President of the Retired Firefighters and Widows of Texas,
Inc. of Corpus Christi, presented material to the Council and read letters to
the Council from the Office of the Firemen's Pension Commissioner to the Office
of the Governor and a letter addressed to Mr. Wilder from the Office of the
Governor expressing concern about the situation in Corpus Christi.
Mr. Raymond Hasker, 1813 Wallace, referred to the lawsuit relative to the
Taxpayers Association, noting that they have paid out $15,000 of their own
money, noting that the lawsuit was not frivolous. Mr. Hasker commented on the
previous remarks made by the City Manager relative to the lawsuit.
In answer to a question from Council Member Slavik, who expressed concern
regarding this issue, City Manager Garza indicated that he met with Mr. Tom Hunt
of the Taxpayers Association and offered to accept some form of an installment
payment for the amount owed the City, and Mr. Hunt turned the offer down.
Mr. Philip Rosenstein, 949 Bobalo, clarified that he is not a member of the
Taxpayers Association. He presented the Council with a letter from the City
Attorney to a law firm in Dallas and directly quoted from the letter. He
inquired how much Corpus Corpus taxpayer's money will be spent illegally. Mr.
Rosenstein read the state statute relative to the ethics of a lawyer.
Council Member Berlanga noted that the letter which Mr. Rosenstein referred
to is dated 1986, noting that the problem has been corrected.
There being no further business to come before the Council, Mayor Turner
declared the Council Meeting adjourned at 4:25 p.m. on November 29, 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 November
29, 1988 which were approved by the City Council on December 13, 198ad-- —
19
8.. rwITNESSETH MY HAND AND SEAL, this the � R 0� day of w
Betty T ner, MAYOR
Armando Chapa, CitySedtetary
City of Corpus Christi