HomeMy WebLinkAboutMinutes City Council - 06/13/1989MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
JUNE 13, 1989
2:00 p.m.
PRESENT
Mayor Betty Turner
Mayor Pro Tem Clif Moss
Council Members:
David Berlanga, Sr. City Manager Juan Garza
Leo Guerrero * City Attorney Hal George
Tom Hunt
City Secretary Armando Chapa
Joe McComb
Mary Rhodes
Edward A. Martin
Frank Schwing
Mayor Turner called the meeting to order in the Council Chamber of City
Hall.
The invocation was delivered by Council Member McComb following which the
Pledge of Allegiance to the Flag of the United States was led by Council Member
Berlanga.
City Secretary Armando Chapa called the roll and verified that the
necessary quorum of the Council and the required charter officers were present
to conduct the meeting.
Mayor Turner called for approval of the Minutes of the Workshop and Regular
Council Meetings of June 6, 1989 and there being no additions or corrections,
she proclaimed them approved as presented.
Mayor Turner introduced Mr. Solomon Tawengwa, a Member of Parliament for
the Republic of Zimbabwe, who is in Corpus Christi at the request of the U.S.
Government to observe the potential for trade. Mr. Tawengwa presented Mayor
Turner with a plaque and the Coat of Arms of his city.
Mayor Turner read a Proclamation commending the Carroll Tigers Baseball
Team and designating the school year 1988 to 1989 as "The Year of the Tigers."
She introduced the Coach of the Carroll Tigers Baseball Team, which is the
Number Two baseball team in the State of Texas, who introduced members of the
team.
Mayor Turner acknowledged Mr. James Wagner, representing the NAACP, and
presented him with a Proclamation designating the week of June 17-21, 1989 as
"Juneteenth Week" in honor of the black community.
MICROFILMED
Minutes
Regular Council Meeting
June 13, 1989
Page 2
Council Member Berlanga gave a presentation on his recent Sister City trip
to Toledo, Spain and displayed gifts he received for the City of Corpus Christi.
Mr. Berlanga introduced Mr. Oscar Flores of the Westside Business Association
and Ms. Sandra Langberg, General Chairman of the Sister City Committee, who
expressed appreciation to the Council for allowing her to represent the City on
the trip.
Mayor Turner acknowledged Captain Tom Overton, representing the Salvation
Army, who gave a presentation on the Salvation Army's 100th Year in Texas.
Captain Overton expressed appreciation to the City of Corpus Christi and
presented coffee and doughnuts to the Council Members
Mayor Turner administered the Oaths of Office to the following Board and
Committee appointees: Sylvia Perez - CCHIC/Loan Review Committee; and Jerry
Vestal - Cable Communications Advisory Committee.
* * * * * * * * * * * * *
Mayor Turner called for Consent Motions, Resolutions, Ordinances and
Ordinances from previous meetings on Items 1 thru 20 and Council Members
requested that Items 7, 10, 14, 15 and 16 be withheld for discussion.
Because of a tie bid on Item No. 3 on approving supply agreements for
street construction materials, lots were cast to determine the primary supplier
and it was determined that Bay, Inc was the initial primary supplier.
There were no comments from the audience on the other items.
City Secretary Chapa polled the Council for their votes and the following
were passed:
1. 1189-0143
Motion approving supply agreements for water production treating chemicals
in accordance with BI -0158-89 with the following companies based on low bid
and best bid for a total of $307,214. The terms of the contract will be
twelve months with an option to extend for an additional twelve months
subject to the approval of the supplier and the City Manager or his
designee. These items will be used by the Water Division for treatment of
our water supply.
Calgon Corporation
Liquid Cationic Polymers
Total: $157,776 (low bid)
Sure -Grow Solutions
Anhydrous Ammonia
Total: $62,100 (low bid subject
to price adjustment)
GRAND TOTAL: $307,214
Harcros Chemicals, Inc.
Sodium Silicofluoride
$770 (low bid)
Van Waters and Rogers
Powdered Activated Carbon
Total: $86,568 (best bid)
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Regular Council Meeting
June 13, 1989
Page 3
The foregoing motion passed by the following vote: Turner, Moss, Berlanga,
Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at
the time the vote was taken.
2. M89-0144
Motion approving a supply agreement for miscellaneous office supplies with
the following companies in accordance with BI -0154-89 for the following
items based on low bid for an estimated expenditureof $41,375.57. The
term of these agreements shall be for six months with an option to extend
for an additional six months subject to the approval of the supplier and
the City Manager or his designee. This contract will cover such items as
pens, pencils, staples, pads and binders. These items will be used by the
various departments throughout the City:
Texas Office Supply
Total: $35,271.99
Computer Express
Total: $691.40
GRAND TOTAL: $41,375
The foregoing motion
Hunt, Martin, McComb,
the time the vote was
Schendel/Raley
Total: $3,280.70
Leslie Allan Co.
Total: $2,131.48
.57
passed by the following vote: Turner, Moss, Berlanga,
Rhodes and Schwing voting, "Aye"; Guerrero absent at
taken.
3. M89-0145
Motion approving supply agreements with the following companies for street
construction materials in accordance with BI -0170-89 for an estimated
annual expenditure of $1,094,827.30. 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 materials will be used by the Street Department. Supply agreements
will be established with each bidder meeting specifications to provide for
multiple progressive awards. Material will be obtained from the vendor
having the lowest price with available material at the time of release.
RECOMMENDATION A:
Precoat Aggregate to be awarded to the following companies for an
estimated annual total of $598,846.80.
Whites Mines
Gifford Hill & Co.
Flexible Base Caliche to be awarded to the following companies for an
estimated annual total of $147,080.50.
Minutes
Regular Council Meeting
June 13, 1989
Page 4
South Texas Construction
Bay, Inc.
RECOMMENDATION B:
Hot Mix Asphalt to be awarded with the following companies for an estimated
annual total of $348,900. A casting of lots by the Council is required to
determine the initial primary supplier of hot mix asphalt between Bay, Inc.
and South Texas Materials. The casting of lots determined Bay, Inc. as the
initial primary supplier.
Bay, Inc.
South Texas Materials
Heldenfels Brothers
The foregoing motion passed by the following vote: Turner, Moss, Berlanga,
Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at
the time the vote was taken.
4. M89-0146
Motion approving the purchase of repair parts for a belt filter press in
accordance with B1-0194-89 to Ralph B. Carter for a total of $25,984
(F.O.B.: destination, plus freight) based on only bid. These items will be
used by the Wastewater Division.
The foregoing motion passed by the following vote: Turner, Moss, Berlanga,
Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at
the time the vote was taken.
5. 1489-0147
Motion approving the purchase of golf course equipment in accordance with
BI -0207-89 for Gabe Lozano and Oso Golf Centers, based on low bids, as
follows:
Goldthwaites of Texas
San Antonio, Texas
1 ea. Tee Fringe Mower
Total: $7,667
GRAND TOTAL: $21,104
Watson Distributing Co.
San Antonio, Texas
1 ea. 3 wheel Truckster @ $4,647
1 ea. Greensmower @ $8,790
Total: ,t13,437
These items are included in the 1988-89 Capital Outlay Budget.
The foregoing motion passed by the following vote: Turner, Moss, Berlanga,
Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at
the time the vote was taken.
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Regular Council Meeting
June 13, 1989
Page 5
6. M89-0148
Motion approving the purchase of modular tactical body
communications headsets to the following companies in
BI -0149-89 based on low bid meeting specifications and
amount of $12,601.50. These items will be used by the Emergency'Response
Unit of the Police Department. This equipment will be purchased through
the Law Enforcement Trust Fund.
armor and radio
accordance with
low bid for the
G.T. Distributors
Austin, Texas 2Lx
Modular Tactical 10
Body Armor
Total:
Fred Laughlin
Houston, Texas
Radio Communications
Headsets
6
Total:
GRAND TOTAL:
Price per Unit
$ 1,048.95
$10,489.50
$ 352.00
$ 2,112.00
tI2601.50
The foregoing motion passed by the following vote: Turner, Moss, Berlanga,
Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at
the time the vote was taken.
8. 1489-0150
Motion accepting the second phase of the sanitary sewer improvements in the
Nottarb Place Subdivision, and authorizing final payment of $79,770.70 plus
retainage interest to CAT Contracting, Inc. and Michigan Sewer Construction
Company, a Joint Venture.
The foregoing motion passed by the following vote: Turner, Moss, Berlanga,
Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at
the time the vote was taken.
9. M89-0151
Motion awarding a contract in the amount of $545,859.58 to Heldenfels
Brothers, Inc. for the Agnes Street Offsite Drainage Improvements.
The foregoing motion passed by the following vote: Turner, Moss, Berlanga,
Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at
the time the vote was taken.
'a
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Regular Council Meeting
June 13, 1989
Page 6
11. M89-0153
Motion amending Motion No. M89-0023 to include a fraction of Lot 4 in the
purchase from Southern Pacific Transportation Company of a tract of land
out of Block 88, Lots 1, 2, and 3, Beach Addition, changing the size of the
property from .08 acre to approximately .175 acre and increasing the
purchase price from $3,000 to $5,250.
The foregoing motion passed by the following vote: Turner, Moss, Berlanga,
Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at
the time the vote was taken.
12. M89-0154
Motion accepting the Oso Trunk Main Sliplining, Phase IV project; granting
a 14 -day time extension to the contractor; and authorizing final payment of
$118,872.50 plus retainage interest to Channel Construction Company, Inc.
The foregoing motion passed by the following vote: Turner, Moss, Berlanga,
Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at
the time the vote was taken.
13. 1489-0155
Motion approving Change Order No. 1 to the contract with Hallmark
Electrical Contractors, Inc. on the Rehabilitation of Runway 13/31 Taxiway
System (Lighting) and Runway 13/31 HIRL System project at the Corpus
Christi International Airport providing for additions and deletions of
certain lighting items for a net increase of $17,353.87.
The foregoing motion passed by the following vote: Turner, Moss, Berlanga,
Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at
the time the vote was taken.
17. ORDINANCE NO. 20688
CLOSING AND ABANDONING A 20 -FOOT WIDE PUBLIC ALLEY BEING IN BLOCK 1,
HILLSIDE ADDITION, AND BLOCK 2, YOUNG ADDITION, SUBJECT TO CERTAIN
PROVISIONS; AND PROVIDING FOR SEVERANCE.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting,
"Aye"; Guerrero absent at the time the vote was taken.
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Regular Council Meeting
June 13, 1989
Page 7
18. ORDINANCE NO. 20689
CLOSING AND ABANDONING A 10 -FOOT WIDE PUBLIC ALLEY IN BLOCK 13 OF HOME
PLACE ADDITION, SUBJECT TO RETAINING THE ENTIRE ALLEY AS A PUBLIC UTILITIES
EASEMENT.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting,
"Aye"; Guerrero absent at the time the vote was taken.
19. ORDINANCE NO. 20690
OPENING KNICKERBOCKER STREET, A THRU STREET FROM WALDRON ROAD TO CLINE
STREET, IN BLOCKS A AND B, ISLAND BUSINESS CENTER, UNIT 1.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting,
"Aye"; Guerrero absent at the time the vote was taken.
20. ORDINANCE NO. 20691
APPROVING RATE SCHEDULES TO BE CHARGED BY CENTRAL POWER AND LIGHT COMPANY
IN THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR SCHEDULES, CONDITIONS,
SEVERABILITY, AND REPEAL OF CONFLICTING ORDINANCES.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye";
Moss voting, "No"; Guerrero absent at the time the vote was taken.
* * * * * * * * * * * * * * *
In answer to a question from Council Member Hunt relative to Item No. 7 on
approving the award of a contract for uniformed guard security service for City
Hall, City Manager Garza explained the purpose of the contract and stated that
the security service would be cheaper then using the City's police force.
Relative to Item No. 10 on De Dietrich Manufacturing Company, Council
Member Martin stated that he is not opposed to the engineering contract with
Urban Engineering but, as a part of the action, he is opposed to deleting the
SPID Intersection Drainage project. He recommended that the project not be
deleted. Mr. Martin referred to the City's water and wastewater trust funds and
inquired if those are the funds which are established for developer
contributions to be used to reimburse people for oversizing, and City Manager
Garza responded in the affirmative.
City Manager Garza indicated that staff will redefine the scope of the SPID
drainage project, stating that the City cannot complete the project with the
funds allocated. He stated that ordinarily the way the funds are used, the
developer puts in the lines and is reimbursed for the incremental cost. He
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Regular Council Meeting
June 13, 1989
Page 8
stated that in this case, the full cost of the project, which includes
oversizing, De Dietrich has agreed to either fund the full amount and then be
reimbursed by the account or if the money is in the account, the City would
immediately pay up front.
Assistant City Manager Jesus Garza stated that the $430,000 grant was
approved by the Council this year. He stated that De Dietrich is using the EDA
grant to fund their portion of the cost and oversizing is being funded out of
the trust fund. He stated that the City has used the trust fund to reimburse
itself for oversizing of projects.
Council Member Martin expressed concern that the City is spending funds
held in trust by them which do not belong to them and are contributions by
people to be used and reimbursed for people who put extensions in. City Manager
Garza emphasized that action on Item No. 10 will approve only the engineering
contract with Urban Engineering and staff will bring back further action.
Council Member McComb also expressed concern about the deletion of the SPID
drainage project.
There were no questions from the audience on Items 7 and 10.
Relative to Item No. 14 on the approval of a summer clean-up program,
Council Member Rhodes inquired how much of the salary and wages go toward the
people hired from JTPA and how much is for staff, and Assistant City Manager
Kelly Elizondo responded by stating that the project does not include the JTPA.
He stated that of the $30,000 request, $17,000 is targeted for salaries and
wages for temporary unemployed people that the City proposes to employ. Mr.
Elizondo stated that there is an existing staff from the Department of Housing
and Community Development who will supervise the project.
In answer to a question from Mrs. Rhodes about the source, Mr. Elizondo
stated that there were some monies left over when the City completed a street
project within budget, and Mrs. Rhodes stated that if there is $30,000, there
must be a better project to fund.
City Manager Garza stated that there have been several concerns expressed
by the Council about the condition of the City's rights-of-way.
Mr. Elizondo stated that this program includes cleaning City property, not
private property.
After a discussion on this item, Mayor Turner stated that it would be
helpful for the Council to have more specifics on a particular project prior to
making a staff recommendation. She stated that the S30,000 might be better
spent some other place.
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Regular Council Meeting
June 13, 1989
Page 9
Ms. Lillie
stated that she
Josephine. She
program.
Rempel, 4101 Carlton, concurred with Council Member Rhodes and
owns property adjoining the City's property on Leopard and
stated that she is against using the funds for a clean-up
Relative to Item No. 15 on approving the cancellation of the 13th Year
HIALCO Day Care Center Project and appropriating the funds for the 13th Year
HIALCO/Transit Building Improvements Project, Mayor Turner requested a brief
report on the building and the current situation.
Assistant City Manager Elizondo provided background information on the
HIALCO Day Care Center Project elaborating on the transit building and the
Bethune Day Care Nursery. Mr. Elizondo commented on the concerns of the senior
citizens and stated that the senior citizens would prefer that all of their
activities be at one location.
Council Member Schwing referred to the transit building and asked the staff
to look into the possibility of locating the City offices upstairs to give the
senior citizens more room downstairs.
A discussion followed relative to the transit building and the problem of
contamination from the fuel tank which leaked into the soil, and City Manager
Garza indicated that the City is looking at possible ways of cleaning it up.
* Council Member Guerrero arrived at 3:15 p.m.
Relative to Item No. 16 on the American Bowling Congress Convention,
Council Member Martin indicated that the agreement the Council is approving
states that the City is going to contribute "real money" of $967,000 to this
event. He made a motion that this Council should provide documentation
acknowledging that they are spending $1 million to generate a $20 million impact
on the local economy; and consequently, there should be a one-time adjustment of
the hotel/motel tax to pay for the $1 million expenditure by the City because
otherwise in 1992, the next Council will be faced with a one -cent tax incease.
The motion was seconded by Council Member McComb and passed unanimously.
(M89-0163)
Mayor Turner pointed out that the American Bowling Congress will not take
over the entire convention center and that the City has an opportunity to recoup
a percentage of the costs of the pre -game tickets to the bowling tournament.
There were no questions from the audience on Items 15 and 16.
City Secretary Chapa polled the Council for their votes and the following
were passed:
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Regular Council Meeting
June 13, 1989
Page 10
7. M89-0149
Motion approving award of a contract for uniformed guard security service
for City Hall to Stanley Smith Security, Inc., in accordance with
BI -0126-89 for the amount of $47,654, based on low bid. The term of the
contract is for twelve months with options to extend for two additional
twelve month periods, subject to the approval of the contractor and the
City Manager or his designee.
The foregoing motion passed by the following vote: Turner, Moss, Berlanga,
Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye."
10. M89-0152
Motion approving a contract with Urban Engineering, Inc. in an amount not
to exceed $74,735 for engineering services relating to utility and drainage
improvements associated with the De Dietrich Manufacturing Plant.
The foregoing motion passed by the following vote: Turner, Moss, Berlanga,
Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye."
14. M89-0156
Motion allocating $30,000 from the 12th Year CDBG Program for a 12th Year
Summer Clean Up Program.
The foregoing motion passed by the following vote: Moss, Berlanga,
Guerrero, Hunt, Martin, McComb and Schwing voting, "Aye"; Turner and Rhodes
voting, "No."
15. RESOLUTION NO. 20686
APPROVING THE CANCELLATION OF THE 13T1-1 YEAR HIALCO DAY CARE CENTER PROJECT
AND APPROPRIATING THE $55,000 PREVIOUSLY ALLOCATED TO THE PROJECT FOR THE
13T11 YEAR HIALCO/TRANSIT BUILDING IMPROVEMENTS PROJECT.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye."
16. ORDINANCE NO. 20687
AUTHORIZING THE CONVENTION CENTER MANAGER TO ENTER INTO AN AGREEMENT WITH
THE AMERICAN BOWLING CONGRESS, INC., FOR THE 1992 AMERICAN BOWLING CONGRESS
CONVENTION; COMMITTING THE CITY OF CORPUS CHRISTI TO THE TERMS AND
CONDITIONS THEREOF TO INCLUDE THE PAYMENT OF $75,000 PER YEAR FOR THE YEARS
1989, 1990, 1991, SUBJECT TO BUDGET APPROPRIATION; AND DECLARING AN
EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb,
Rhodes and Schwing voting, "Aye."
Minutes
Regular Council Meeting
June 13, 1989
Page 11
* * * * * * * * * * * * *
Mayor Turner called for consideration of Items 23 thru 28 on the Regular
Agenda and Council Members requested that Items 23, 24, 27 and 28 be withheld
for discussion. Mayor Turner indicated that Items 21 and 22 will be withheld
until after the Closed Session.
There were no comments from the audience on Items 25 and 26.
City Secretary Chapa polled the Council for their votes and the following
were passed:
25. RESOLUTION NO. 20693
AUTHORIZING THE EXECUTION OF A CONTRACT WITH NUECES COUNTY FOR THE
COLLECTION OF THE CITY'S AD VALOREM TAXES.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye."
26. FIRST READING
AMENDING ORDINANCE NO. 20382 TO AMEND THE FISCAL YEAR 1988-89 BUDGET TO
APPROPRIATE THE SELF-INSURANCE UNRESERVED FUND BALANCE TO THE RESERVE
APPROPRIATION OF THE SELF-INSURANCE FUND; PROVIDING FOR SEVERANCE;
PROVIDING AN EFFECTIVE DATE.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing
voting, "Aye."
* * * * * * * * * * * * *
Relative to Item No. 23 on the Blas De La Garza Falcon Equestrian
Sculpture, Council Member Martin inquired if the City is approving a $150,000
match, and City Manager Garza responded by stating at this point the City is
not; noting that if the City moves forward with the realignment of Lawrence
Street then they would be. Mr. Garza indicated that the improvements have been
on the books for some time.
After concerns expressed by Council Member Hunt relative to the $150,000,
Mr. Garza indicated that the Lawrence street walkway is part of the City's
Capital Improvement Project and funding has not yet been identified.
Discussion followed and Mr. Garza emphasized that the Council is just
voting on placing the statue at the proposed site.
Ms. Claudine Salinas, 1130 Logan, great-granddaughter of Captain Blas de la
Garza Falcon, encouraged the Council to approve this item.
...111••••
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Regular Council Meeting
June 13, 1989
Page 12
Dr. Clotilde Garcia, a physician in Corpus Christi, presented books to the
Council on Captain Blas de la Garza Falcon.
Mr. Oscar Flores, President of the Westside Business Association, read from
a prepared statement, urging the Council to endorse the project.
Relative to Item No. 24 on the Navy Clear Zones Property Sale (six parcels
at Naval Air Station and three parcels at Cabaniss Field), City Manager Garza
explained the recommendation and stated that this is a proposal that he has made
as part of the new proposed budget. He stated that he has proposed in the
budget that the City allocate $1 million of this payment for capital outlay in
the General Fund. He stated that this Resolution is strictly selling the land
to the Navy.
Discussion followed and Council Member Hunt expressed concern, stating that
many people were assured that when the money was repaid by the Navy, it would go
into the debt service to retire the bonds sold to purchase land for the clear
zones.
Council Member Martin emphasized that the Council is just approving a
Resolution on the sale of the land. He provided a brief history of the Navy
clear zone issue dating back to when he was the City Manager. Mr. Martin stated
that the City has every option available of reducing money for debt service and
that this issue probably should be a major budget discussion.
Mayor Turner concurred with Mr. Martin, stating that when she served on a
previous Council, there was no absolute guarantee that the City would have any
reimbursement from the Navy. She stated that she would like to see a cost
estimate made relative to the completion of the airport. Mayor Turner also
pointed out that Item 24 is a Resolution approving the sale of nine parcels of
land to the United States of America for $1,189,813.
Mr. J. E. O'Brien, 4130 Pompano, quoted from an article which appeared in
the Caller -Times on February 15, 1982 and quoted from the Minutes of the May 13,
1986 Council Meeting. He referred to a vote on an appropriation of money and
stated that the vote of the Council was illegal because it was not a majority
vote. He stated that it is his understanding that in order to appropriate
money, it takes a majority vote of the entire Council. Mr. O'Brien also
commented on a July 8, 1988 letter to Mr. Raymond Hasker from the City Manager.
Mr. O'Brien expressed the opinion that the money should go into the debt
service.
Mr. Irving Dietz, 455 Miramar, gave a brief history of two occasions when
the City purchased land from the Navy and commented on the official publication
that the City sent out relative to the 1982 bond project. Mr. Dietz referred to
the Minutes of the May 26, 1987 Council Meeting and remarks made by the the City
Manager and Mayor Betty Turner. He expressed the opinion that any expenditure
of these funds should not go for additional purchases but should go back to pay
off the City's bonded indebtedness.
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Regular Council Meeting
June 13, 1989
Page 13
Relative to Item No. 27 on the Ordinance authorizing a contract to lease
and lease agreement with the Creative Arts Center, Council Member Martin asked
the following: 1. how much is available in the Economic Development Trust Fund;
2. what are the permitted expenditures; and 3. can the Council have a list of
the various trust funds and the balances.
City Manager Garza stated that he will provide Mr. Martin with a report on
all the balances and a list of all projects approved, and Assistant City Manager
Utter stated that in the original allocation of funding from the Economic
Development Trust Fund, there was $250,000 for an art area in Heritage Park and
$250,000 for land acquisition in that same area. Mr. Utter stated that he will
provide a breakdown of the funds available.
In answer to a question from Council Member Hunt, Mr. Utter stated that the
land is pretty much level, the rear portion of the property does need some
grading; and one building needs to come down. He stated that the costs to the
City for this project would be minimal.
Mayor Turner asked who will have the final word about the architectural
facade, and Mr. Utter replied that it would be the City Council. He stated that
a previous Council directed the Landmark Commission to review the facades in the
area before they are brought to the Council. Mayor Turner stated that the sale
of products should be encouraged.
There were no comments from the audience on Item 27.
City Secretary Chapa polled the Council for their votes and the following
were approved:
23. M89-0159
Motion approving the recommendation by the Municipal Arts Commission to
accept the Blas de la Garza Falcon equestrian sculpture donated by the
Westside Business Association for placement on Shoreline Boulevard at the
proposed Lawrence Street Pedestrian Walkway.
The foregoing motion passed by the following vote: Turner, Moss, Berlanga,
Guerrero, Martin, McComb, Rhodes and Schwing voting, "Aye"; Hunt
abstaining.
24. RESOLUTION NO. 20692
AUTHORIZING THE EXECUTION OF DOCUMENTS NECESSARY FOR THE SALE OF NINE
PARCELS OF NAVY CLEAR ZONE LAND AT THE NAVAL AIR STATION AND CABANISS FIELD
TO THE UNITED STATES OF AMERICA FOR A CASH CONSIDERATION OF $1,189,813.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Martin, McComb, Rhodes and Schwing voting, "Aye"; Hunt
voting, "No."
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Regular Council Meeting
June 13, 1989
Page 14
27. FIRST READING
AUTHORIZING THE EXECUTION OF A CONTRACT TO LEASE AND A LONG-TERM LEASE WITH
TWO OPTIONS NOT EXCEEDING SIXTY (60) YEARS TOTAL FOR LOTS 3, 4, 7, 8, 9,
10, 11, AND 12, BEACH ADDITION, CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, TO THE CREATIVE ARTS CENTER, INC., AND APPROPRIATING $125;000 FROM
ECONOMIC DEVELOPMENT TRUST FUND (243.54)
The foregoing Ordinance passed on first reading by the following vote:
Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting,
"Aye"; Guerrero absent at the time the vote was taken.
* * * * * * * * * * * * *
Relative to Item No. 28 on repealing Ordinance No. 20618, passed and
approved by the City Council on March 7, 1989, which adopted the Mustang -Padre
Islands Area Development Plan, Ms. Gwen Bryant, 5029 Merganser, spoke in
opposition to the repeal. She referred to the petition as legalized blackmail,
and commented on people who do not respect the decision of elected officials.
She expressed the opinion that the Charter should be changed.
Mr. Philip Rosenstein, 949 Bobalo, spoke in support of repealing the
ordinance provided the Council does not replace it. Mr. Rosenstein commented on
a campaign to try to discredit anyone who disagrees with an ordinance and
expressed the opinion that people can disagree.
Ms. Dorothy Spann, 502 Del Mar, commented that if the City had a boat pass
such as Packery Channel, Corpus Christi could benefit from that monetarily. She
stated that she supports the Council in whatever decision they make relative to
this issue.
Mayor Pro Tem Moss referred to a Letter to the Editor in the Caller -Times
from a gentleman which stated that this is just a plan and no determination of
funding has been made. The writer expressed the opinion that the election
should be held and Mr. Moss concurred.
Council Member McComb inquired about the memorandum he sent to the City
Manager regarding an amendment to the plan, and City Manager Garza responded by
stating that the challenge is to the whole ordinance and not just the Packery
Channel issue.
Council Member Hunt stated that the five petitioners are not members of the
Taxpayers Association. He expressed objection to efforts in the community to
make the petition for a referendum a devisive issue. He stated that he believes
in the first amendment and the right to petition.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
Minutes
Regular Council Meeting
June 13, 1989
Page 15
28. ORDINANCE NO. 20694
REPEALING ORDINANCE NO. 20618, PASSED AND APPROVED BY THE CITY COUNCIL ON
MARCH 7, 1989, WHICH ADOPTED THE MUSTANG -PADRE ISLAND AREA DEVELOPMENT
PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Guerrero, Martin, Rhodes and Schwing
voting, "Aye"; Moss, Hunt and McComb voting, "No."
* * * * * * * * * * * * *
Mayor Turner indicated that she has filed an affidavit with the City
Secretary and will abstain from discussion and vote on Items 29 and 30.
Mayor Pro Tem Moss opened the public hearing on the following zoning
application:
29. Application No. 589-1, American Development Company: For a change of
zoning from "A-2" Apartment House District to "B-4" General Business
District on Lots 3, and 5 through 12, Block 54, and Lots 1 through 12,
Block 55, Brooklyn Addition, located between Elm Street and Bridgeport
Avenue, and between Seagull and Surfside Boulevards.
Mayor Pro Tem Moss noted that the Planning Commission and Staff recommend
approval of the application, subject to replatting.
Council Member McComb inquired if the Master Plan for
had been prepared yet, and Director of Planning, Brandol
there have been some plans prepared but the plan for this
yet.
Alice Terrall, City Planner, located the property on
use map, described the land use in the surrounding area and
property.
Corpus Christi Beach
Harvey, replied that
area is not included
the zoning and land
showed slides of the
Mr. Harvey explained the types of uses planned for the property and stated
that the tourist -oriented facilities are appropriate for this area. He informed
the Council that the next zoning case involves a parking garage associated with
this case.
No one spoke in opposition to this zoning request.
A motion was made by Council Member Berlanga that the hearing be closed;
seconded by Council Member Guerrero and passed unanimously.
City Secretary Chapa polled the Council for their votes and the following
motion was passed:
Minutes
Regular Council Meeting
June 13, 1989
Page 16
M89-0160
Motion approving the application of American Development Company by
changing the zoning map in reference to Lots 3, and 5 through 12, Block 54,
and Lots 1 through 12, Block 55, Brooklyn Addition, from "A-2" Apartment
House District to "B-4" General Business District, subject to replatting.
The foregoing motion passed by the following vote: Moss, Berlanga, Guerrero
Martin, McComb and Rhodes voting, "Aye"; Turner abstaining; Hunt and
Schwing absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Pro Tem Moss opened the public hearing on the following zoning
application:
30. Application No. 589-3, American Development Company: For a change of
zoning from "A-2" Apartment House District to "B-4" General Business
District on Lots 1 through 6, Block 53, Brooklyn Addition, located north of
Breakwater Avenue, between Seagull and W. Surfside Boulevards.
Mayor Pro Tem Moss indicated that the Planning Commission and Staff
recommend approval of the application subject to replatting.
Council Member Berlanga inquired if this planned parking would have any
effect on the application previously filed by Mr. Elmo Jackson, and Mr. Harvey
stated that it could possibly be used for parking for other facilities.
Council Member Martin pointed out that to use parking to meet the
requirements of the zoning ordinance that belonged to someone else would require
a long-term lease.
Council Member Martin then inquired about the reason for passing motions
rather than ordinances on these two cases. Mr. Harvey explained that the zoning
ordinance requires that the replatting must be filed prior to passing an
ordinance to change the zoning. Mr. Martin then suggested that an ordinance be
passed, subject to the required replatting, which would eliminate the necessity
to have this before the Council at a later date.
City Attorney George stated that this had been considered but the decision
had been made that it would be preferable to delay passage of the ordinance
until the replats had been filed.
No one spoke in opposition to this zoning application.
A motion was made by Council Member Berlanga that the hearing be closed;
seconded by Council Member Guerrero and passed unanimously.
City Secretary Chapa polled the Council for their votes and the following
motion was approved:
Minutes
Regular Council Meeting
June 13, 1989
Page 17
M89-0161
Motion approving the application of American Development Company by
changing the zoning map in reference to Lots 1 through 6, Block 53,
Brooklyn Addition from "A-2" Apartment House District to "B-4" General
Business District, subject to replatting.
The foregoing motion passed by the following vote: Moss, Berlanga,
Guerrero, Martin, McComb and Rhodes voting, "Aye"; Turner abstaining; Hunt
and Schwing absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Pro Tem Moss called for petitions from the audience on matters not
scheduled on the agenda.
Mrs. Lillie Rempel, 4101 Carlton, informed the Council that she owns
property at the intersection of Leopard and Josephine Streets near City Hall.
She stated that the property had been appraised at a very high value for the
years 1987, 1988 and 1989. She explained that she had appeared before the
Nueces County Tax Appraisal District in an effort to have the valuation lowered.
She stated that they did lower it in 1989, and in her opinion, she should have a
refund for the taxes paid in 1987 and 1988, but the Joint Tax Office had refused
to make an adjustment.
Council Member Martin explained that since she had not appealed the
valuation in 1987 and 1988, nothing can be done at this time. He pointed out
also that this is not a City matter, it is the Nueces County Tax Appraisal
District Board.
Mayor Turner informed Mrs. Rempel that the City cannot do anything about
this and suggested to the City Manager that a staff member meet with Mrs. Rempel
to explain the situation.
Council Member Martin noted that the situation Mrs. Rempel had described is
a very important point because the notices that are sent from the appraisal
district do not fully explain the recourse that a property owner has in
appealing the valuation.
The Council went into closed session at 4:55 p.m.
acquisition on Items 21 and 22 under Article 6252-17, Section
Mayor Turner reconvened the Council Meeting at 5:25 p.m.
McComb moved to approve the following motions; seconded by
and passed unanimously.
to discuss land
2(e), V.A.C.S.
and Council Member
Mayor Pro Tem Moss
Minutes
Regular Council Meeting
June 13, 1989
Page 18
21. M89-0157
Motion authorizing acquisition of Parcel 7, located east of Rodd Field Road
between Yorktown Boulevard and the Cayo Del Oso, from Bruce G. DeWulf for
the Southside Sewer Treatment Plant project.
22. M89-0158
Motion authorizing acquisition of Parcel 1, located on the west side of
Ayers Street between Padre Island Drive and Holly Road, from Alamo Savings
Association. This parcel is part of offsite drainage right-of-way for the
Crosstown Expressway extension.
Assistant City Manager Jesus Garza stated that the purchase price for Item
No. 1 is $177,000 and $103,200 for Item No. 2.
Mayor Turner recessed the Council Meeting at 5:30 p.m. for a dinner break
following which the Council went into Closed Session under Article 6252-17,
Section 2(e), V.A.C.S. on a settlement offer in pending personal injury claim
and a report on status of Woody's Nitelife Lounge.
* * * * * * * * * * * * * *
Mayor Turner reconvened the Council Meeting at 6:30 p.m.
A motion was made by Council Member Guerrero to instruct the City Attorney
to send a letter opposing Woody's liquor license to the Texas Alcoholic Beverage
Commission pending the improvements as stated by the attorney and the City
Council. The motion was seconded by Council Member Martin and passed by the
following vote: Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes,
Schwing, voting, "Aye"; Turner voting, "No."
* * * * * * * * * * * * * * *
Mayor Turner called for the City Manager's report.
City Manager Garza stated that he provided the Council with a report from
Assistant City Manager Utter relative to House Bill 3160 and the City Manager's
quarterly report on goals and objectives.
Mayor Turner informed the Council that she will be absent from next week's
Council Meeting because she will be attending a conference of Mayors in
Charleston.
Mayor Turner stated that the U.S.S. City of Corpus Christi will be in port
for the 4th of July parade and the Grand Marshall of the parade will be the
Captain of the ship. She urged all the Council Members to participate in the
parade.
There being no further business to come before the Council, Mayor Turner
adjourned the Council Meeting at 6:30 p.m. on June 13, 1989.
* * * * * * * * * * * * *
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 June 13,
1989, which were approved by the City Council on June 20, 1989.
---caY
WITNESSETH MY HAND AND SEAL, this the
1989.
etty Tur, er, Mayor
of
ce-r-r
City Secretary