HomeMy WebLinkAboutMinutes City Council - 07/18/1989MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
JULY 18, 1989
2:00 p.m
PRESENT
Mayor Betty Turner
Mayor Pro Tem David Berlanga
Council Members:
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing *
City Manager Juan Garza
City Attorney Hal George
City Secretary Armando Chapa
Mayor Turner called the meeting to order in the Council Chamber of City
The invocation was delivered by Reverend Bob Hibbs of the Episcopal Church
of the Good Shepherd following which the Pledge of Allegiance to the Flag of the
United States was led by Council Member Leo Guerrero.
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 Meeting of
July 8, 1989 and Regular Council Meeting of July 11, 1989, and Council Member
Moss pointed out a correction in a vote on Item No. 9 on Page 7 of the Minutes
of the Regular Council Meeting of July 11, 1989. There being no other additions
or corrections, Mayor Turner proclaimed the Minutes approved as amended.
* Council Member Schwing arrived at 2:05 p.m.
Mayor Turner recognized Mr. Oscar Flores, representing the Westside
Business Association, who introduced visitors from Lepe, Huelva, Spain, who are
guests of the Westside Business Association visiting the City to promote
commercial trade.
Mayor Turner and Mayor Pro Tem Berlanga presented the visitors with Keys to
the City and Certificates designating them as Honorary Citizens of Corpus
Christi. Mayor Turner then read a Proclamation designating July 18, 1989, as
"Lepe, Huelva, Spain Day." The visitors from Lepe, Huelva, Spain then
presented Mayor Turner with gifts from their City.
MICROFILMED \
Minutes
Regular Council Meeting
July 18, 1989
Page 2
Mayor Turner referred to the Board and Committee appointments
following appointments were made by the Council. (q89-0187)
Board of Adjustment
Pat Veteto
Food Service Advisory Committee
Patricia Salinas - Reappointed
Mike Herman -
Human Relations Commission
Gene Ward - Reappointed
Marjorie Merrill - Reappointed
Celena Cavazos - IT
Kouskik Shaw
Private Industry Council
Private Sector
Norma Bouillerce - Reappointed
John Frederick -
Joe McComb -
Robert Trask -
Richard Lear
R. C. Vick
11
fl
Community Based Organization
Welder Brown
Education
Don Tyler
and the
CC Area Convention and Visitors Bureau
Brad Lomax
Housing Authority
Patty Mueller
Landmark Commission
James Abram
Museum Advisory Committee
Gene Pennebaker
Linda Cano
Lupe Rangel
Captain Hilbert Dwayne Dean
Economic Development
Loyd Neal
* * * * * * * * * * * * *
Mayor Turner announced the bid opening on the Mineral lease for 189.756
acres comprised of the P. W. Kelly and Cecilia Kelly tracts at the International
• Airport.
Minutes
Regular Council Meeting
July 18, 1989
Page 3
James Conn, Petroleum Inspection Superintendent, opened bids on the project
from Union Pacific Resources who submitted a cashier's check as the required
security bond. Mr. Conn explained the City procedure for bidding leases and
recommended that the bid be awarded to Union Pacific Resources.
Mr. J. R. Keeling, an attorney, expressed the opinion that Union Pacific
has paid bonuses in excess of 25 percent, stating that the City could obtain
more than 20 percent. Mr. Conn responded by stating because of other segments
of the bid, staff is satisfied with the price.
Council Member Guerrero made the following motion which was seconded by
Mayor Pro Tem Berlanga and passed unanimously:
1. M89-0188
Motion to award a mineral lease for 189.756 acres comprised of the P. W.
Kelly and Cecilia Kelly tracts at the International Airport.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions, Resolutions,
Ordinances and Ordinances from previous meetings on Items 2 thru 14 and Council
Members requested that Items 2, 4 and 8 be withheld for discussion.
There were no questions from the audience on the other items.
City Secretary Chapa polled the Council for their votes and the
were passed:
3. M89-0190
Motion approving supply agreements for gas meters with the following
companies for the following amounts, in accordance with Bid Invitation No.
BI -0229-89 based on low bid meeting specifications and low bid for a total
of $84,081.58. The terms of these agreements shall be for 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. The items
will be stored in the Warehouse and used by the Gas Department.
following
National Meter
Total: $46,900
BTR Rockwell
Total: $10,370.50
Dresser Measurement
Total: $17,867
GRAND TOTAL: $84,081.58
Schlumberger
Total: $2,550
American Meter
Total: $6,394.08
Minutes
Regular Council Meeting
July 18, 1989
Page 4
The foregoing motion passed by the following vote: Turner, Berlanga,
Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye."
5. RESOLUTION NO. 20713
IN SUPPORT OF AN INTERIM STUDY BY THE TEXAS HOUSE OF REPRESENTATIVES ON
BEACH CLEANUPS AND PRESERVATION OF TEXAS BEACHES.
The foregoing Resolution passed by the following vote: Turner, Berlanga,
Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye."
6. SECOND READING
CLOSING AND ABANDONING A 5 -FOOT AND 10-FO0T WIDE UTILITY EASEMENT IN LOT 1,
WINDBLOWN ACRES SUBDIVISION, AND A 5 -FOOT AND 10 -FOOT WIDE UTILITY EASEMENT
IN LOT 2 -AR, WINDBLOWN ACRES SUBDIVISION, AND A 5 -FOOT WIDE UTILITY
EASEMENT IN LOT 9-A, BLOCK 1, FALLIN'S RIVERSIDE SUBDIVISION; AND PROVIDING
FOR REPLATTING OF THE PROPERTY WITHIN 180 DAYS.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye."
7. SECOND READING
AUTHORIZING THE EXECUTION OF A 10 -YEAR LEASE AGREEMENT WITH DOBBS HOUSES,
INC. FOR A TERMINAL NEWS AND GIFT CONCESSION, EFFECTIVE 60 DAYS FROM DATE
OF THIRD READING.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye."
9. ORDINANCE NO. 20714
CLOSING AND ABANDONING LENS DRIVE
ADJACENT TO LOT 36, BLOCK 13, KING'
FLOUR BLUFF AND ENCINAL FARM AND
PARKWAY ADJACENT TO LOTS 3, 4, AND
LOT 17, BLOCK 24, FLOUR BLUFF AND
TO CERTAIN PROVISIONS.
FROM CIMMARON BOULEVARD TO OSO PARKWAY
S CROSSING UNIT I, AND LOT 17, BLOCK 24,
GARDEN TRACTS; AND A PORTION OF OSO
5, BLOCK 38, KING'S CROSSING UNIT I, AND
ENCINAL FARM AND GARDEN TRACTS; SUBJECT
Minutes
Regular Council Meeting
July 18, 1989
Page 5
The foregoing Ordinance passed on third reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing
voting, "Aye"; Martin abstaining.
10. ORDINANCE NO. 20715
CLOSING AND ABANDONING A 5 FOOT WIDE UTILITY EASEMENT IN LOTS 1, 2, AND 5,
BLOCK 38, KING'S CROSSING UNIT I, PHASE I, AND LOT 27, BLOCK 24, FLOUR
BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND A 7.5 FOOT WIDE UTILITY
EASEMENT IN LOT 1, BLOCK 28, AND LOT 1, BLOCK 39, KING'S CROSSING UNIT 1;
SUBJECT TO CERTAIN PROVISIONS.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing
voting, "Aye"; Martin abstaining.
11. ORDINANCE NO. 20716
AMENDING THE CITY CODE, CHAPTER 18, FIRE PREVENTION AND PROTECTION, ARTICLE
II, EMERGENCY MEDICAL SERVICES, SECTION 18-20, AMBULANCE RATES, SO AS TO
PROVIDE FOR AN INCREASE IN BASE RATES AND FOR AN ANNUAL REVIEW OF THE EMS
AMBULANCE RATES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Berlanga, Guerrero, Martin, Moss, Rhodes and Schwing
voting, "Aye"; Hunt and McComb voting, "No."
12. M89-0193
Motion amending, prior to third reading, the ordinance authorizing Contract
to Lease and Lease Agreement with Creative Arts Center, Inc. for Lots 3, 4,
7, 8, 9, 10, 11, and 12, Block 69, Beach Addition of the City of Corpus
Christi and appropriating $125,000 from the Economic Development Trust Fund
to change the term of the Lease Agreement from a twenty-year continuous
lease with two options to renew for a total of not more than sixty years to
one twenty-year continuous lease.
The foregoing motion passed by the following vote: Turner, Berlanga,
Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye."
13. ORDINANCE NO. 20717
AUTHORIZING THE EXECUTION OF A CONTRACT TO LEASE AND A LONG-TERM LEASE FOR
TWENTY (20) YEARS 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).
Minutes
Regular Council Meeting
July 18, 1989
Page 6
The foregoing Ordinance passed on third reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye."
14. ORDINANCE NO. 20718
AUTHORIZING A USE PRIVILEGE AGREEMENT WITH JAVELINA COMPANY TO ALLOW THE
INSTALLATION AND MAINTENANCE OF TWO GEL -TYPE CABLES WITHIN THE PUBLIC
RIGHT-OF-WAY IN THE AREA OF EDEN LANE IN THE EHLERS GARDEN TRACT FOR A FEE
OF $600.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye."
* * * * * * * * * * * * *
In answer to a question from Council Member Martin relative to Item No. 2
on the Golf Carts, City Manager Garza stated that the decision was made to
purchase gasoline -powered golf carts based on the availability of the carts,
stating that they proved more feasible.
Relative to Item No. 4 on the Attorney General's opinion regarding
Emergency Medical Service, Council Member Martin stated that he will vote
against this motion. He asked about the specific request; and he referred to
the litigation between the county and state, expressing the opinion that the
City will be put in a bad position to try to obtain funds from the hospital
district.
Council Member Guerrero inquired about the intent of the opinion, and City
Manager Garza stated that there is a very recent opinion from the Attorney
General which states that counties may provide ambulance service but that they
are not required to provide it. Mr. Guerrero questioned what would happen if
the Attorney General's opinion states that the county is responsible, and Mr.
Garza responded by stating that the City would keep track of the medically
indigent that they transport and would bill the county. Mr. Garza indicated
that so far, the county has honored the agreement and that the county judge did
express the opinion that the county should support the ambulance service.
Council Member Rhodes concurred with Council Member Martin, stating that if
the opinion is not favorable, it will hurt the City; however, she indicated that
she will support the motion because she wants to know what the truth is and who
is responsible.
Discussion followed and Mayor Turner expressed the opinion that the City
should work cooperatively with the county.
In answer to a question posed by Mayor Pro Tem Berlanga relative to Item
No. 8 on amending the City Code of Ordinances, Chapter 13, Assistant City
Minutes
Regular Council Meeting
July 18, 1989
Page 7
Manager Elizondo indicated that the only time period being modified is the item
which grants the Building Official the authority to grant a 120 -day extension
when an individual is moving a house from one site to another.
Mr. Kenneth Hayes, 9309 Morrow Street, Executive Director of the Texas
Coastal Bend Chapter of the Builders and Contractors Association, read from a
prepared statement, stating that the association is in support of most of the
proposed amendments. He stated that they would like to see more attention shown
to the various advisory boards and ad hoc task forces. Mayor Turner requested
that Mr. Hayes present his recommendations to the staff.
Assistant City Secretary Zahn polled the Council for their votes and the
following were passed:
2. M89-0189
Motion approving a 48 month lease of 70 gasoline powered golf carts from
E -Z Go/Textron at a cost of $214,572.40, including the trade-in of 54
existing carts at Gabe Lozano, Sr., Golf Center, and including the option
to purchase the new carts at the end of the lease term for $100 each;
authorizing the City Manager or his designee to execute such agreement and
any related security instruments, Uniform Commercial Code Statements and
other such instruments, and approving the purchase of 12 cart enclosures
for use during inclement weather from E -Z Go/Textron for $1,500. This
recommendation is based on low bid. Funds including the monthly lease
payments of $4,468.80 are included in the proposed Golf Fund Budget for FY
1989-90.
The foregoing motion passed by the following vote: Turner, Berlanga,
Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye."
4. M89-0191
Motion authorizing the City Manager to request authorized official to
solicit Attorney General opinion as to Nueces County Hospital District's
obligation to continue funding of ambulance services.
The foregoing motion passed by the following vote: Berlanga, Hunt,
McComb, Moss, Rhodes and Schwing voting, "Aye"; Turner, Guerrero and Martin
voting, "No."
8a. SECOND READING
AMENDING THE CITY CODE, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED
OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, ARTICLE VI, PLUMBING
CODE, SECTION 13-201, ADMINISTRATION OF THE PLUMBING CODE, BY ADDING A NEW
SECTION 103.6(b) AND BY AMENDING SECTIONS 106.4, 107.3(a), AND 107.4;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
Minutes
Regular Council Meeting
July 18, 1989
Page 8
The foregoing Ordinance passed on second reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye."
8b. SECOND READING
AMENDING THE CITY CODE, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED
OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, ARTICLE VII, MECHANICAL
CODE, SECTION 13-221, ADOPTED; AMENDMENTS, BY AMENDING SUBSECTIONS
103.5(1,), 104.2(a) AND (b), 106.3, AND 106.4; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye."
8c. SECOND READING
AMENDING THE CITY CODE, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED
OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, ARTICLE I, IN GENERAL,
SECTION 13-1, STANDARD BUILDING CODE, ADOPTED; AMENDMENTS, BY AMENDING
SECTION 106.6 BY ADDING A NEW PARAGRAPH 106.6.3; AMENDING PARAGRAPHS 107.2,
107.7, AND 2204.9; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye."
8d. M89-0192
Motion to amend, prior to second reading, Section 13-93 (b) (4) of the
proposed Electrical Ordinance by adding Item m. to read as follows:
"Replacement of any sign ballasts and transformer up to a rating of 15,000
secondary volts (60 ma) by any City licensed Master Electrician."
The foregoing motion passed by the following vote: Turner, Berlanga,
Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye."
8d1. SECOND READING
AMENDING THE CITY CODE, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED
OPERATIONS: HOUSING AND HOUSING PREMISES STANDARDS, ARTICLE III,
ELECTRICAL, DIVISION 2, ELECTRICAL CODE, SECTION 13-93, PERMITS AND FEES,
BY AMENDING PARAGRAPHS B AND C; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing
Minutes
Regular Council Meeting
July 18, 1989
Page 9
voting, "Aye."
8e. SECOND READING
AMENDING THE CITY CODE, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED
OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, ARTICLE I, IN GENERAL,
SECTION 13-2, PERMIT AND ADMINISTRATIVE FEES, BY AMENDING THE "PERMIT FEE
SCHEDULE"; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye."
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 15 relative to the public
parking at the Aquarium.
City Manager Garza stated that the recommendation is to develop a financing
plan which would provide approximately $1.8 million for completion of
construction of public parking, street, curb, gutter and sidewalk improvements
in support of the Texas State Aquarium. He stated that the plan would include
charging a fee for parking to provide funds for construction and maintenance.
Mr. Garza indicated that there are no specific recommendations of how to
finance the parking lot improvements and infrastructure needs but that there are
various options, and he elaborated on the options.
Assistant City Manager Hennings provided background information stating
that the Texas State Aquarium Association is proposing that Certificates of
Obligation be issued by the City to allow for completion of construction of all
the parking and related improvements needed for the Aquarium and that a fee be
charged for parking to provide revenues to service the debt and provide for
future maintenance.
Mr. Hennings continued by stating that the Aquarium Bond proposition in
1986 provided $4 million for land acquisition for public parking, parking
improvements, utility relocations, drainage and bulkheading. He stated that the
current status of the project is that land acquisition has been completed;
bulkheading has been completed; utility relocations are under way; and bids will
be opened on July 19th for additional utility relocations and drainage
improvements. He stated that these items will exhaust the available funds in
the Aquarium Bond Fund.
Mr. Hennings displayed renderings of the Aquarium and parking lot, stating
that since the cost of land acquisition exceeded estimates, additional funds are
needed for the final construction contract, estimated to cost approximately $1.8
million. In summarization, Mr. Hennings stated that what is being proposed is
for the City to operate the parking as paid parking and use the revenues to
borrow against the construction costs.
Minutes
Regular Council Meeting
July 18, 1989
Page 10
In answer to a question from a Council Member, City Manager Garza stated
that the Aquarium is a major project which the City must see through to
completion as creatively as possible to minimize the City's risk.
Council Member Martin expressed concern that there is a $1.8 million
overrun on a $1.4 million budget for which the City did not have enough money to
do the major code requirements for the project. Mr. Martin commented on the
various methods of financing and stated that the consultant's projections do not
support revenue bonds, Certificates of Obligation, etc. He stated that this is
a serious problem and the City must come up with some creative financing to
rectify the problem.
Council Member Guerrero expressed the opinion that the Aquarium is a major
commitment for the City and they should see the project through.
In answer to a question from Council Member Hunt, City Manager Garza stated
tat this is a joint project with the Aquarium Association and it was
coordinated with them from the beginning. He stated that this does not come as
a surprise because the City knew there would be an overage due to the cost of
the land acquired.
After a lengthy discussion of this matter, Council Member Hunt expressed
the opinion that the improvements to the balustrade should be postponed and the
funds used for the Aquarium.
Mr. Raymond Hasker, 1813 Wallace, quoted from a report of the Texas State
Aquarium Association Accountant's Report and Financial Statement of January 31,
1989. Mr. Hasker asked the question, "What is the real financial status of the
Aquarium Association?"
Mr. J. E. O'Brien, 4130 Pompano, stated that it is his understanding that
Certificates of Obligation are supposed to be issued for an emergency and if the
City is at risk, they will pay a high rate of interest. Mr. O'Brien stated that
it seems that the City continually goes deeper into debt. He asked if the City
will raise taxes to give the Aquarium Association more funds. Mr. O'Brien
quoted from the City's pamphlet of the 1986 bond election pertaining to Item No.
7 on the Aquarium. He questioned the overrun and asked how the $4 million was
spent. He quoted from another pamphlet prepared by the City Capital
Improvements Program Steering Committee on Proposition 4, pertaining to the
Aquarium.
Ms. Helen Royal, 2911 North Shoreline, requested a breakdown of the $4
million spent on this project.
Mr. Robert Reyna, 1821 Roslyn, spoke in opposition to the issuance of bonds
to obtain the financing and to paid parking at the Aquarium.
City Secretary Chapa polled the Council for their votes and the following
motion was passed:
Minutes
Regular Council Meeting
July 18, 1989
Page 11
15. M89-0194
Motion authorizing the City Manager to develop a financing plan which would
provide approximately $1.8 million for completion of construction of public
parking, street, curb, gutter and sidewalk improvements in support of the
Texas State Aquarium. The plan would include charging a fee for parking to
provide funds for construction and maintenance.
The foregoing motion passed by the following vote: Berlanga, Guerrero,
Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Schwing voting, "No";
Turner abstaining.
* * * * * * * * * * * * *
Mayor Turner announced the assessment hearing for the Allen School Area
Street Improvements, Phase II, indicating assessments of $210,275.61 on 125
items.
Council Member Martin
street projects which were
designs because people are
expressed the opinion that the City should re-examine
planned years ago before doing major street plans and
objecting to the proposed improvements.
City Manager Garza stated that the City is funding this project from CDBG
funds and special assessments; the project was done in phases; this is the last
phase; and the decision was made about six to seven years ago to improve these
particular streets. Mr. Garza indicated that the property owners would receive
credit for the improvements already in place.
City Attorney Hal George explained the procedures and stated that the
hearing is required by Article 1105-B of VACS which requires that the City prove
that the property assessed will be enhanced at least in the amount of the
assessments. He called as his first witness, Mr. Carl Crull.
Through questioning of Mr. Crull, Mr. George determined that he is the
Director of Engineering Services for the City of Corpus Christi; he has been
employed by the City for nine years; he is a registered professional engineer in
the state of Texas with a degree in Civil Engineering.
Mr. Crull provided background informa
stating that it shall consist of improvements
Tenth, Alameda, Elizabeth, Booty and McKenzie
Bond Program, Water Bond Fund, and 14th Year
Program provided funding for this project.
tion and described the project,
to sections of Twelfth, Eleventh,
Streets. He stated that the 1986
Community Development Block Grant
Mr. Crull stated that in 1986, Tenth Street, between McKenzie and Booty,
was closed by revocable easement. He stated that this request was made by MHMR
to fence off Tenth Street at Booty for use as a parking lot with landscaping and
other improvements. He indicated that citizen concerns have been expressed
about how this closure has affected traffic flow and property development. Mr.
Minutes
Regular Council Meeting
July 18, 1989
Page 12
Crull continued by stating that surveys conducted by the Traffic Engineering
Division indicate that traffic flow has increased along Tenth Street south of
McKenzie while deterring traffic north of Booty. He indicated that the
contractor for the project is A. Ortiz Construction.
Mr. Crull summarized by stating that the assessment roll is based upon the
assessment ordinance. He indicated that there are two areas of major change
which involve head -in parking where some concern has been expressed, noting that
one concern is near the Morgan Avenue Baptist Church and the other concern is on
Alameda Street by the Lutheran Church.
Council Member Rhodes indicated that Twelfth Street does not seem very
busy, and in answer to a question she posed, Mr. Crull stated that the
residential street in the area carry about 700 to 1,000 vehicles a day.
In answer to a question from Council Member McComb about restrictions for
head -in parking, Mr. Crull responded by stating that head -in parking is not
specifically allowed or prohibited by any ordinances. He explained that it has
been the City policy to eliminate head -in parking but the City could adopt some
type of controlling ordinance to accommodate that. Mr. Crull indicated that the
design plan could be amended if it was the desire of the Council.
In answer to a question from Council Member Moss, Mr. Crull stated that he
recommends awarding the contract and initiating a change order if there are
revisions to the plan.
In answer to a question from Council Member McComb about closing Twelfth
Street, Mr. Crull indicated that there are a number of residences which need
public access to the street and there is a fire station which has driveways onto
Twelfth Street.
City Attorney George called as his next witness, Mr. George Paraskevas.
Through questioning of Mr. Paraskevas, Mr. George determined that he is a real
estate broker and appraiser; he has been appraising both commercial and
residential property for seventeen years; and Mr. Paraskevas testified that he
Is familiar with the project; he has examined each parcel and the assessment
roll and is familiar with the project and the amounts proposed to be charged.
Mr. George inquired of Mr. Paraskevas if in his opinion, each parcel along
the street improvement project would be enhanced at least in the amount of the
assessment. Mr. Paraskevas stated the preliminary assessment roll consists of
125 items and on most properties the curb, gutter, pavement and drainage have
the appearance of being in good operative condition. He stated that it is his
opinion that 22 pieces of property would not be enhanced at all; 55 should be
assessed for sidewalks and driveways; 17 should be charged for sidewalks only;
and 8 should receive a credit of 50% for the sidewalk; with the remaining 23
pieces of property assessed at full value. Mr. Paraskevas stated that he has
provided staff with a chart which defines the degree of enhancement for each
property.
Minutes
Regular Council Meeting
July 18, 1989
Page 13
Mr. Crull indicated that staff reviewed Mr. Paraskevas' recommendations and
support his recommendations for the adjustments to the assessment roll.
In answer to a question from Council Member Moss, Mr. Crull stated that the
recovery from the assessments would not be as great as the project. He stated
that since this is a CDBG funded project, low and moderate income owners would
be eligible for low cost loans thru the CDBG office.
Mr. Sam Main, 922 Carmel, stated that he owns two pieces of property in the
area and if Mr. Paraskevas recommendations are followed, he would have no
objections.
Mr. Everett Rodgers, 5737 Lynncrest, a member of the Baptist Church, stated
that most of the chuch people are senior citizens and they need the angle -in
parking.
Mr. J. R. Keeling, an attorney representing himself and property owners on
Tenth Street, spoke in objection to the improvements. He indicated that the
curbs and gutters on Tenth Street are in excellent condition and it is wrong to
spend taxpayers' money in replacing infrastructure which is perfectly good.
Mr. David Rhew, 4125 Pompano, representing the Morgan Avenue Baptist
Church, stated that there has been parking at the church for 58 years and to his
knowledge, there has not been an accident due to a car backing from a parking
space.
Ms. Rita Robbins, 6380 Ohio, stated that she is speaking on behalf of Ms.
Tommie Applewhite, 1310 Eleventh Street, who is in objection to the assessments
because she cannot afford them.
Ms. A. R. Elsie, 918 Rosedale, a member of the Baptist Church, spoke in
favor of the angle -in parking.
Ms. Pauline Campbell, 1533 Tenth Street, informed the Council that the
drainage is very poor in that block and she hopes that the improvements would
include better drainage. She also stated that the last street improvements were
constructed in 1957.
Mr. Rix Musslewhite, 1601-03 Tenth Street, property owner in the area
between Morgan and Ayers, presented a petition from all the property owners in
the three blocks of Tenth Street requesting that the portion of the street where
the revocable easement was granted MHMR be rescinded so that the street can be
opened. He stated that their petition also requests that no changes be made to
McKenzie or Booty Streets as to the angle of approach or the width.
Mrs. John R. Cantu, 1446 Twelfth Street, stated that she understands that
because of her low income, her assessments will be paid by a grant from CDBG.
Minutes
Regular Council Meeting
July 18, 1989
Page 14
Assistant City Manager Jesus Garza assured her that staff members will
check this to see if she is eligible.
Council Member Rhodes expressed the opinion that closing that portion of
Tenth Street is ill-advised.
Ms. Sylvia Westrup, 1612 Tenth Street, objected to the closing of Tenth
Street and pointed out that the property owners were not consulted when the
revocable easement was granted and the street was closed to traffic
approximately two years ago.
Mr. Henry Binz, owner of property at McKenzie and Alameda, requested that
the Council consider the adjustments recommended by the appraiser.
Mr. Crull explained that the adjustments recommended by Mr. Paraskevas are
not included in the assessment roll before the Council but the changes have now
been made.
A gentleman in the audience objected to changes being made in the
assessment roll without the knowledge of all of the property owners.
Council Member Martin assured him that the assessments will only be
adjusted downward.
A motion was made by Council Member Martin that the hearing be closed;
seconded by Council Member Schwing and passed unanimously.
A motion was made by Council Member Rhodes that the assessment roll be
amended to include the reductions recommended by Mr. Paraskevas and that the
plans be amended to allow for the head -in parking at the churches. The motion
was seconded by Council Member Martin and passed unanimously.
City Manager Garza stated that staff will provide an explanation about the
Tenth Street closing but it was his understanding that it is a revocable
easement.
* * * * * * * * * * * *
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Mr. Barry Pillinger, 6606 Clarion Drive, speaking on behalf of the Pharaoh
Valley Neighborhood Association, read from a prepared statement in opposition to
the expansion of the Oso plant. Mr. Pillinger summarized by urging the City to
design the Southside plant instead of continuing to expand the Oso plant and to
solve the omnipresent odor problems at the Oso.
Ms. Helen Royal, 2911 North Shoreline, requested that there be a bus to the
public beach on Corpus Christi Beach.
Minutes
Regular Council Meeting
July 18, 1989
Page 15
Mr. Robert Reyna presented teabags to the Council and asked if the spirit
of the tax revolt in 1776 is still alive today. He stated that he is proud to
be a member of the Taxpayers Association, stating that elected officials' abuse
of power will not be tolerated.
Mr. John S. Talbot, 829 Egyptian Drive, representing himself and neighbors,
presented material to the Council. He stated that he attended the workshop
session on wastewater; he commented on various statements which were made by
staff during the meeting; and he remarked about the Oso plant capacity. Mr.
Talbot concurred with Mr. Pillinger's statements.
Council Member Martin informed Mr. Talbot that the Council was presented a
list of various alternatives regarding the wastewater plant and the real
decision is which alternative the Council will choose.
Discussion followed and in answer to a question from Council Member McComb
relative to the definition of expansion in regard to the wastewater treatment
plant, Assistant City Manager Jesus Garza explained the plan for the collection
system and commented on plans for the Southside plant.
Mr. Philip Rosenstein, 949 Bobalo, stated that he is in favor of public
safety and spoke in support of two -person police patrol teams.
Mr. Warren Wahpepah, 1337 Whitaker Drive, commented on the remains of
American Indians at the Botanical Gardens which were dug up and requested that
the remains be returned to the burial site.
Dr. Miriam Wagenschein commented on the agreement between Corpus Christi
University and the City pertaining to Hans Suter Park. She stated that the City
does not have a trained, degreed sanitation engineer on the staff. She
commented on the wastewater workshop session and expressed concern about the
expansion of the Oso plant.
A lengthy discussion of this issue followed, and Council Member Martin
expressed the opinion that the City should study odor control and that staff
should consider ways to increase the life of the Oso by sliplining and
modification to the collection system which might involve repairs. He also
stated that people should be told how they are to master plan their sewer lines.
Mayor Turner urged staff to consider all the options that can be done
relative to sliplining, modernization and odor control and how to extend the
life term of the Oso plant until the time that a new plant is built.
Ms. Linda Spiller, 7433 Spitfire, speaking on behalf of the Coastal Bend
Audubon Society, read from a prepared statement in objection to the proposed
expansion of the 050 wastewater plant.
1inutes
Regular Council Meeting
July 18, 1989
Page 16
Mr. Raymond Wimberly, 806 Alden Drive, spoke on an issue regarding the
problems of alcohol in the City. He stated that he has written the City Manager
letters in this regard and has received only one response.
Mr. Mose Garrett, 1532} Kennedy Street, commented on designated shelters
for people during the hurricane season. He asked if there are plans to
designate buildings on the north side for hurricane shelters, and City Manager
Garza responded by stating that staff is working on plans relative to that
issue.
* * * * * * * * * * * * * *
Mayor Turner called for consideration and discussion of the budget.
City Manager Garza stated that the staff would like to brief the Council on
the Capitol Improvement Program and deal with the budget questions that the
Council might have.
Mayor Turner objected to discussing the CIP when the budget is imminent.
City Manager Garza informed the Council that he was recommending that the
budget be adopted next week and that the Council could reach a decision on what
they wish to do on the CIP.
Mayor Turner expressed the opinion that there is a need to discuss the
things that they want included in the budget because there are items that the
Council want funded that are not in the budget at this time.
City Manager Garza emphasized the fact that the staff needs to know how
much the Council wants included so that they can determine how those items will
be funded.
Mayor Turner then summarized the items that she thought reflected the
Council's priorities as to what should be funded, as follows: (1) a need to
fund the $400,000 deficit in EMS; (2) Career Center at the public library; (3)
the Art Center in the amount of $7,500; (4) the increase in the number of
police officers is something the Council needs to discuss; (5) pay increases for
City employees -- possibly only for the rank and file employees rather than an
across-the-board pay increase; and (6) increased funding for the Museum of
Oriental Cultures, noting that $9,000 is included in the budget but they have
requested an additional $9,000.
City Manager Garza agreed that if the Council feels that they are well
informed about CIP, then they might refer to the booklet that he had provided,
and then make decisions on the items they want included in the budget. He
reminded the Council of the extra funds that he projected would be available in
the amount of almost $1 million and pointed out that decisions had not been made
on the use of those funds.
Minutes
Regular Council Meeting
July 18, 1989
Page 17
Mayor Turner then requested that the Council make a decision on the
additional funding for the Museum of Oriental Cultures and on the continuation
of funding for the Career Center in the amount of $30,000. She then enumerated
the critical items that have not been addressed in the current budget.
City Manager Garza stated that he could provide the Council with
information on those items and the possible source of funding in their packets
on Friday night.
Council Member McComb expressed concern about the large amount designated
for contractual services and stated that this should be decreased starting with
the Mayor's office and continuing through all departments. He noted that this
Code includes primarily money for memberships, meetings, training, and travel,
and he felt that all of those services could be decreased by 10%, including the
$14,400 in the Council's budget for car allowances. He stated that such a
reduction would amount to a savings of approximately $1.2 million.
City Manager Garza explained that he would prefer that the Council direct
him to reduce the budget by $1.2 million and allow him to determine where the
funds should be reduced, because there are some essential services included in
some departments under the code for contractual services.
Council Member Hunt inquired if the City had not ended the last few fiscal
years with several million dollars in the reserve account and stated that he had
no problem in spending those funds rather than having a large surplus at the end
of the year. He also expressed the opinion that the $3 million in the trust
fund accounts should be transferred to the General Fund to be used for other
needs.
Mr. Garza stated that he would do what he could about the trust fund
accounts and pointed out that with the additional funds which he reported to the
Council, which totals approximately $1 million, and if those funds were added to
the proposed IC tax increase, there would be an additional $2.2 million
available for various funding.
Council Member Moss inquired about the increase in the telephone franchise
tax, and City Manager Garza explained the complicated procedures that were
involved in that action. He also informed the Council that lawsuits are in
progress on Southwestern Bell Telephone Company tax increases levied in both
Victoria and Mesquite, Texas. He stated that he might prefer to recommend an
increase for a rather short period of time until those cases are resolved and
negotiations are completed with Mr. Ron Maples of Southwestern Bell.
Council Member Martin expressed support of Mr. McComb's recommendation that
the budget could be reduced by $1.2 million but pointed out that those decreases
should not have to be from contractual services because in most departments,
that code could include some very essential services. He then questioned if the
budget has to be adopted prior to August 1 in order to comply with the City
Minutes
Regular Council Meeting
July 18, 1989
Page 18
Charter, and Mr. Garza stated that that is correct and the tax rate will
probably be adopted the week after that.
Mr. Martin stated that, since the budget must be adopted next week, some
decisions should be made tonight so that the City Manager will have some idea as
to what should be included in the budget. He urged that this be accomplished
now rather than having to make a large number of amendments next week. He
pointed out that a decision needed to be made as to what level of wastewater
increase the Council intended to approve and stated that he would recommend that
the Council reduce the proposed wastewater increase by $350,000.
Mayor Turner agreed that those issues should be resolved immediately, and
Council Member Guerrero suggested that the proposed tax increase should be
addressed.
City Manager Garza stated that he had a need to address the problem in the
Parks Department in the amount of $56,000, and Council Member Martin recommended
that this be taken care of through cuts as he had suggested in his memorandum
the preceding week.
Mr. Garza then asked the Council to address the 30 positions in the Police
Department as recommended by Chief Olson who would like to increase the number
of police officers by employing 11 civilians to replace some officers who work
at the Police Station and adding 19 new police officers.
Council Member Martin stated that he would support that very strongly since
it is a good solution.
Mayor Turner then called for a vote of the Council on the question of 30
additional police positions, and a majority of the Council indicated that they
agreed that those additions should be on the street as soon as possible rather
than waiting until January.
City Manager Garza informed the Council that he was not sure that he would
recommend the West Port Assembly station, and Council Member McComb stated that
this should be deferred.
City Manager Garza then addressed the issue of the sale of bonds, stating
that the City needs to sell bonds for the matching State projects in an
approximate amount of $3 million; the McKinzie project in the amount of $2.8
million should be funded; consideration should be given to bonds for
improvements at the Airport as well as some financing for wastewater
improvements. He speculated that the City needs to sell at least $6 million in
bonds and recommended that this be planned for January, 1990.
The Council Members offered no objections to this plan.
Minutes
Regular Council Meeting
July 18, 1989
Page 19
City Manager Garza referred to the Career Development Center funding in the
amount of $30,000 and expressed the opinion that staff can find some source of
funds for this if the Council wants it continued.
Council Member Guerrero objected to the continued funding for the Career
Development Center which was established as the result of a grant, and now the
City is being forced to fund it.
Council Member Schwing agreed, noting that similar service is provided by
TEC and PIC.
Mayor Turner called for a vote on continuing the Career Center, and it was
approved by the following vote: Turner, Guerrero, Martin, McComb, Moss and
Rhodes voting "Aye"; Berlanga, Hunt and Schwing voting "No."
The discussion returned to the subject of funding for EMS and City Manager
Garza recommended funding the deficit for this service for the entire year in
the amount of $400,000 because this would provide him with more time to
negotiate with the County and the Hospital District.
Mayor Turner asked if the Council agreed that the funding should be only
through December in the amount of $200,000. No vote was taken, but the Council
offered no objection to the six-month funding.
City Manager Garza then brought up the funding for the Community Art Center
and stated that he will prepare a fund package. Council Member Hunt recommended
that the Palm Tree Trust Fund be utilized for this, and Mayor Turner stated that
that was satisfactory with her.
City Manager Garza pointed out that the Council had still not dealt with
the West Port Assembly area for the police, and he was instructed not to deal
with it.
Mayor Turner inquired about the Council's position on the Museum of
Oriental Cultures and ascertained that most of the Council wished to retain the
funding at $9,000.
Mr. Garza then asked the Council to address the issue of wage increases for
the non-union employees and recommended that the Council authorize such a wage
increase and allow the City Manager to recommend an increase up to a certain
percentage at a time when he feels that the City can afford it.
Mayor Turner again recommended a salary increase for the rank and file
employees, not management.
City Manager Garza suggested that he at least be allowed to increase the
ranges of the management pay scale.
Minutes
Regular Council Meeting
July 18, 1989
Page 20
Council Manager Martin expressed the opinion that the non-union employees
should have an increase since the Fire and Police received one. He suggested
that consideration be given to a plan whereby employees over a certain range not
be given the increase, and Mr. Garza agreed that he would like to be allowed the
authority to grant the salary increases a few months into the budget year when
he felt funds were available.
Council Member Berlanga suggested that the maximum increase be 3%.
Council Member McComb referred to the tax increase and made a motion that a
tax increase not be approved.
Discussion followed on the source of funding without a tax increase.
Mr. McComb repeated his motion that there not be a tax increase calculated
in the formation of the budget. The motion was seconded by Council Member Hunt
and failed to pass by the following vote: Hunt, McComb and Moss voting "Aye";
Turner, Berlanga, Guerrero, Martin, Rhodes and Schwing voting "No."
Council Member Martin then referred to the proposed wage increase and
expressed the opinion that funds would have to be appropriated for this purpose
since it is a major item, and if the Council agrees that it is a priority, it
should be funded as a part of the budget upon adoption. He stated that he
thinks there should be an increase and he has no problem with instigating it
later in the year as long as it is anticipated in the budget.
Mr. Garza stated that it is his understanding that the Council recommended
a Museum fee of $2.00 and the Museum Advisory Committee concurred.
City Manager Garza then brought the golf fees to the Council's attention
and stated that he would recommend a 10% increase and a $1.00 surcharge for cart
paths. He stated that the Greens Committee recommended this.
Discussion followed on the use of Street Division crews to construct the
cart paths at the golf courses.
Mr. Garza referred to the wastewater increase and stated that he would like
to set up a line item in the budget to provide flexibility to perform necessary
major repairs.
Council Member Martin noted that the recommendation that he had made left
$250,000 in reserve appropriations and $150,000 in unemcumbered revenues. He
inquired about the effect on the rate increase if $350,000 were removed, and
Assistant City Manager Jesus Garza replied that it would be $16.7% rather than
19.4%.
The Council indicated their concurrence with this plan.
Minutes
Regular Council Meeting
July 18, 1989
Page 21
City Manager Garza called for a discussion on the Sanitation fees and
stated that they had met with various groups, including the Apartment Owners
Association, and he recommends a $6 fee and a tipping fee of $10.00
Mayor Turner inquired about the possibility of increasing Municipal Court
fees, and Mr. Garza stated that that is something that should be discussed with
the Municipal Court Judges.
Mayor Turner then requested a report on the CDGB funds including the
projects that have been funded but not completed yet.
Assistant City Manager Elizondo stated that he previously provided such a
report but he will be glad to send the Council an updated one.
Council Member Martin stated that he is amazed at the disparity in taxes
among the cities served by Southwestern Bell Telephone Company and inquired
about the possibility of adopting an ordinance increasing the franchise fee to
4%, noting that this would probably be passed on to the users. He then inquired
if certain luxury services such as the sale of alcoholic beverages and
cigarettes could be taxed by the City.
City Attorney George explained that taxes on those items are established by
the State and the cities receive a share of the taxes collected.
On another subject, Council Member McComb asked about the slow progress on
the Airline Road project, and Jesus Garza stated that he will provide a report
on Friday.
There being no further business to come before the Council, Mayor Turner
adjourned the meeting at 7:50 p.m., July 18, 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 July 18,
1989, which were approved by the City Council on July 25, 1989.
WITNESSETH MY HAND AND SEAL, this the /1541- day of
1989.
/ •-•—•
Ietty Turne , Mayor
Armando Chapa
City Secretary