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HomeMy WebLinkAboutMinutes City Council - 10/25/1994I 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 October 25, 1994, which were approved by the City Council on November 1, 1994. WITNESSETH MY HAND AND SEAL, this 2nd day of November, 1994. SEAL 7 Armando Chapa City Secretary MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 25, 1994 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Clif Moss Council Members: Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward Martin David Noyola* ABSENT Dr. David McNichols City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Father James Stembler, Corpus Christi Cathedral, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Moss. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Rhodes called for approval of the Minutes of the Regular Council Meeting of October 18, 1994, and there being no corrections, she proclaimed them approved as presented. *Council Member Noyola arrived at the meeting. Mayor Rhodes opened discussion on Item 1, a presentation by the U.S.S. Lexington Board. T Minutes Regular Council Meeting October 25, 1994 Page 2 Mr. Robert Rowling, President of the Lexington Museum on the Bay Association, gave a report about the U.S.S. Lexington's activities during the association's first full fiscal year, which ended in July 1994. He said the total attendance for the year was a bit over 340,000 people, and gross revenues produced were $3,633,000. He added that the net operating income was over $770,000, which includes all the pledges and contributions which the Lexington received. Mr. Rowling gave other examples of the Lexington Museum's financial condition, noting that much of the original bank loan of $1.1 million has been pre -paid in less than two years, with a balance remaining of $325,000. He also described improvements that have been made and plans for more refurbishing, adding that the ship is in better shape now than when the city first received it from the Navy. Due to decreased attendance, the board has devised other sources of revenue, said Mr. Rowling, including educational and "live -aboard" programs; as a result, overall revenues were higher than projected. Mr. Rowling thanked the staff and volunteers for their efforts in making the Lexington Museum so successful. Mr. Rowling also expressed concern regarding decreased attendance at the Lexington, the inability of the Bayfront Convention Center to accommodate larger conventions, and poor aesthetics in the downtown area. Mayor Rhodes commented that she has received positive feedback from visitors to the Lexington, including the fact that they had received their money's worth at the museum. Responding to Council Member Longoria, Mr. Rowling stated that the projected attendance had been 400,000. Mrs. Longoria thanked the board members and staff of the Lexington for their efforts. Council Member Cooper asked Mr. Rowling what factors may have contributed to the decreased attendance, and he responded that that is a trend occurring at other local and nationwide attractions. Mrs. Cooper also congratulated those associated with the Lexington for their success. Mr. Rowling also described some of the new exhibits at the Lexington Museum on the Bay. Council Member Martin noted that when the museum was first proposed, there was a great deal of skepticism that it could be successful; instead, with the proper management, the Lexington has become a positive financial contributor to the community. Mayor Rhodes opened discussion on Item 2, a presentation regarding the Columbus Fleet. Minutes Regular Council Meeting October 25, 1994 Page 3 Mr. Alex Harris, Chairman of the Columbus Fleet Task Force for the Corpus Christi Bay Area Business Alliance, outlined the proposed recommendations for making the Columbus Fleet exhibit a more financially successful venture. He said the members of the Task Force appreciated all of the efforts of the members of the Columbus Fleet Association in bringing the ships to Corpus Christi in the first place. Mr. Harris also thanked the sailors for raising money and continuing to sail one of the ships, as well as the other members of the Task Force. Mr. Harris said one aspect of the proposal is to develop a new partnership for the operation of the exhibit involving the City of Corpus Christi, the Columbus Fleet Association and the Spain '92 Foundation. This new partnership would develop a 10,000 - square -foot expansion of the Corpus Christi Museum of Science and History in order to open the "Seeds of Change" exhibit; and it would develop an infrastructure on city property to facilitate the exhibition of all three Columbus ships. The primary goal of the partnership is to increase the number of visitors to the exhibit, thereby increasing the revenues. Mr. Harris went on to say that the proposed plan must be approved by the American Bureau of Shipping by November 1, 1994, so that the ships' recertification can be extended. In addition, the plan provides for a reorganization of the Columbus Fleet Association Board of Directors to consist of nine members, with the appointment of an executive director and/or development director. With the use of graphs, Mr. Harris described the ships' past and projected visitor counts and related visitor revenues. He said the plan also calls for the Santa Maria and the Pinta to be placed on land and opened to visitors as part of the "Seeds of Change" exhibit; the Nina, meanwhile, would be docked in its own special park nearby. After the Pinta has been repaired, it would also be docked at the Nina Park where both could be sailed periodically in Corpus Christi Bay. Mr. Harris added that this plan would greatly increase the ships' visibility to the public and attract more visitors. Responding to a question from Council Member Longoria, Mr. Harris reiterated that the replicas of the Nina and the Pinta ships would continue to be sailed, as provided for by the Spain '92 Foundation, particularly since the Pinta was a state-of-the-art sailing ship when it was built in the 15th century. Council Member Noyola asked if the plan would contradict the original contract for the replicas, and Mr. Harris replied that Mr. Rafael Mazarrasa, President of the Spain '92 Foundation, has approved of the proposed plan --that his main goal is for the ships to be successfully exhibited in Corpus Christi. Mr. Harris distributed and read aloud a letter from Mr. Mazarrasa that had been faxed to Mr. Harris on October 25, 1994 stating his support of the plan. Mr. Noyola distributed a copy of a previous letter dated September 13, 1994 from Mr. Mazarrasa to Mr. Rick Stryker, President of the Columbus Fleet Association, in which Mr. Mazarrasa criticized how the Columbus Fleet had been managed. Minutes Regular Council Meeting October 25, 1994 Page 4 Mr. Harris then described the financial plan for the fleet, which involves asking the Bay Area Business Alliance to be released from its obligation of the financing of the Lexington Museum on the Bay construction, and asking the alliance to be a co -guarantor of a $3 million financing plan to construct the Santa Maria and Nina Parks. He said, in addition, the Columbus Fleet and the Business Alliance are also researching other sources of revenue. The construction cost of the museum expansion and other expenses would require certificates of obligation to be issued of $900,000, which would be covered by revenues from the Corpus Christi Museum of Science and History. He added that the exhibit needs to be open by May 15, 1995, the beginning of the tourist season. Mayor Rhodes thanked Mr. Harris for his work on the proposed plan, adding that she felt his involvement was an important part of securing Mr. Mazarrasa's support of the plan. The Mayor also thanked the other members of the Columbus Fleet Task Force and the previous members of the Columbus Fleet Association. She noted that the proposed plan should heighten visitors' experience of the exhibit by giving them more for their admission price. Another important aspect of the endeavor, continued the Mayor, is that the city's name and reputation are on the line: the city's ability to make the Columbus Fleet successful could influence future projects for which it is bidding. She said she gave her full support to what she called a well -thought-out plan. Responding to Council Member Galindo, Mr. Harris said that a final design on a road connecting the ship exhibit to the Army Corps of Engineers building had not yet been chosen. Council Member Moss asked if the Bay Area Business Alliance was willing to take on the financial obligation associated with the plan, and Mr. Harris said that it was, adding that he had met with the executive board of the alliance before showing the proposal to Mr. Mazarrasa. Mr. Moss said he supported the proposal as well, and it was important that the community show its support. Mr. Galindo asked if Mr. Mazarrasa's October 25, 1994 letter to Mr. Harris could be viewed as Mr. Mazarrasa's support of the plan, and Mr. Harris said it absolutely was an indication of his approval. He added that Mr. Mazarrasa had planned to be present during the day's meeting for the presentation, but he could not attend. Responding to another question from Mr. Galindo, Mr. Harris said the plans include access to the Columbus Fleet display by the water taxi. Responding to Council Member Best, Mr. Harris explained that in the proposal, the Bay Area Business Alliance would no longer be obligated for the debt of the Lexington Museum on the Bay. He noted that he had not yet presented the proposal to the Lexington board until he had shown it to the Council; however, he said it would not adversely affect the Lexington since it does not change that exhibit's debt structure. City Manager Garza said the next step in the proposal would be the Council approving a Minutes Regular Council Meeting October 25, 1994 Page 5 formal resolution supporting the plan. Dr. Best also asked if the proposed museum expansion would require a bond issue to go before the voters, and Mr. Harris replied that the proposal calls for certificates of obligation (COs), and the increased revenues that would result from the increase in visitors to the museum and ship exhibit could be dedicated to those COs. Mr. Garza added that it was important to try to make the Columbus Fleet exhibit successful. Mr. Harris said another benefit of the plan would be the ability to maintain the ships by a trained staff --while keeping them open to the public --instead of contracting others for their maintenance. Council Member Martin asked if the City Manager recommended the proposed plan, and Mr. Garza said he did. He said an action item needed to be included on the agenda soon supporting the plan. The Mayor asked staff to place it on the agenda for the November 1, 1994 meeting. Council Member Cooper thanked Mr. Harris and the rest of the task force for working to make the exhibit successful. Mr. Galindo asked who would pay for a road to be built from Santa Maria Park to the Army Corps of Engineers, and Mr. Harris said a determination had not yet been made, although the Regional Transportation Authority might be approached for the funding. Council Member Longoria stated that the Columbus Fleet project was a very worthy one, adding that its location near many other attractions was beneficial. Mayor Rhodes opened discussion on Item 3, curfew for minors on school days. Police Chief Henry Garrett said many of the questions that had arisen concerning the proposed daytime curfew ordinance dealt with exceptions to the ordinance, which included students on field trips, students from other areas visiting the city, students traveling to doctor's appointments, and students going to and from work. He said the Police Department had contacted representatives from 38 school districts in the Coastal Bend who provided the department with a school calendar and a name of a contact person. Chief Garrett said the daytime curfew would help police identify a small core of juveniles --students younger than 17 --who are chronic truants. In addition, the Corpus Christi Commission for Children and Youth, chaired by Mrs. Grace Rank, will work with the Police Department in providing counseling and education to these juveniles. Chief Garrett noted that other cities that have daytime curfews have reported decreases in daytime arrests. Minutes Regular Council Meeting October 25, 1994 Page 6 Responding to a question from Mayor Rhodes, Chief Garrett said children who have permission to be out of school should have a card indicating that; in addition, the police dispatcher will have a list of contact people for all the school districts, as well as the private schools, so an officer can call the dispatcher for information on the student. He added that students who are drop -outs or were expelled from school would not be exempted from the ordinance --they should either be at home or at a supervised area. In response to Council Member Best, Chief Garrett, upon verification from Corpus Christi Independent School District Superintendent Abelardo Saavedra, said CCISD has five truancy officers Mr. Saavedra went on to explain that the district's attendance (truancy) officers would work with the Police Department on enforcing the daytime curfew. Dr. Best also asked if curfews had been upheld by the courts, and City Attorney Bray stated that nighttime curfews had been upheld. Although daytime curfews are relatively new, he said they are basically tied to the truancy laws which have been upheld, and the consensus is that daytime curfews will be upheld as well if they are challenged in court. Council Member Cooper said she supported the proposed ordinance, and asked Chief Garrett to explain the difference between the truancy law and the daytime curfew. He responded that the truancy law requires that truancy be established for a long period of time and it takes a long time before the parents are involved; with the daytime curfew, if a juvenile is given a citation, the parents have to appear in Municipal Court. Mrs. Cooper also asked about open campuses at lunch time, and the Chief said those students would have identification cards issued to them. Responding to Council Member Galindo, Chief Garrett emphasized that not every juvenile who is caught skipping school would be issued a citation --options include taking him or her to the Nueces County Juvenile Justice Center, the Truant Reduction Impact Program at the YMCA, or back to the school. He added that violation of the daytime curfew is a Class C Misdemeanor which carries a maximum $500 fine, and it would be up to the Municipal Court judge to determine the juvenile's punishment, which could include counseling and/or community service. Mr. Galindo said he felt the maximum fine could put a financial burden on some parents who both have to work and do not have control over their child. Responding to Mayor Rhodes, Chief Garrett reiterated that a juvenile's punishment might not include a fine but rather counseling. Mayor Rhodes added that it was important for parents to be involved when a student is truant, and equally important for the student to take responsibility for his or her actions. She also said that the victims of burglaries perpetrated by juveniles also carry a financial burden. Council Member Martin asked that the Chief Municipal Court Judge be present during the second reading of the ordinance on November 1, 1994 to provide data on how the courts have punished truant juveniles in the past. In response to a question from Mr. Minutes Regular Council Meeting October 25, 1994 Page 7 Martin, Mr. Bray said that when a juvenile is involved in a criminal procedure, state law requires the parent to be present in court, and the juvenile would be responsible for the fine or for the community service, unless the parent is charged. He said the parent may be charged with a curfew violation regarding a child if the parent is grossly negligent in allowing it to occur. Mr. Martin said he wants to ensure that the courts understand the legislative intent of the curfew and follow through on it. Council Member Noyola said he supported the proposed ordinance, adding that it was overdue, and asked that the Council consider the ordinance on an emergency basis. Council Member Longoria said she was also interested in hearing from the Chief Judge regarding the disposition of previous violations. Mayor Rhodes called for comments from the audience. Mr. Jim McCollom Jr., a local attorney, said he opposed the daytime curfew because he said he felt it was punitive and duplicative. Mr. Phil Rosenstein, 949 Bobalo, said he supported the daytime curfew because there are too many crimes committed by juveniles and asked that the ordinance be passed as an emergency. Mayor Rhodes said it would be considered on two readings. Mr. Leon Perez, 904 Buford, also said that the daytime curfew was necessary because of the many crimes being committed. Mr. Manuel Flores, District 1 CCISD School Board Member, said he supported the daytime curfew because it would emphasize the importance of young people staying in school and receiving an education. He noted that Chief Garrett had reassured him that the curfew would not be carried out in a heavy-handed way. Mrs. Grace Rank, Chairperson for the Corpus Christi Commission for Children and Youth, said the commission members examined the proposed ordinance carefully and met with Chief Garrett about it. She said they gave their unequivocal support to the ordinance as the first step in a comprehensive plan to ensure that such juveniles do not recycle through the system. Mrs. Rank said she was also representing the Violent Crime Task Force of the Mayor's Coalition on Crime Prevention, which supported the curfew; and the juveniles who will receive citations under the ordinance and the juveniles who will not be harassed by delinquent juveniles. Mrs. Carolyn Sullivan, 2902 N. Shoreline, said she supported the daytime curfew, and suggested that juveniles who violate the ordinance and receive community service should be forced to help paint out the graffiti around the city. Mr. Allen Jaworski, 1253 Tyler, encouraged the Council to support the proposed Minutes Regular Council Meeting October 25, 1994 Page 8 ordinance. Mr. Abel Alonzo, 1701 Thames, said that adults should not make excuses for young people's actions --they do not often take responsibility or understand the consequences for their behavior. City Secretary Chapa polled the Council for their votes as follows: 3. FIRST READING ORDINANCE Amending Section 33-40, of Corpus Christi's Code of Ordinances, to establish a curfew for minors between the hours of 9:00 a.m. and 2:30 p.m. on school days; adopting certain exceptions; providing penalties for violation; providing for severance. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, Moss, and Noyola voting "Aye"; McNichols absent. Mayor Rhodes announced that Items 6 and 10 were being pulled from the day's agenda and would not be discussed at this time. The Mayor then opened discussion on Item 4, resolution regarding the impact of federal mandates. Council Member Moss pointed out that the U.S. Congress adjourned without addressing the issue of unfunded mandates. Council Member Cooper read an excerpt from an article in Nation's Cities Weekly, regarding the financial burden that unfunded mandates places on cities, as well as criticizing Congress' inaction. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 4. RESOLUTION NO. 022069 Resolution endorsing the efforts of the National League of Cities and the Texas Municipal League in informing citizens about the impact of federal mandates on City finances and pledging the support of the City of Corpus Christi to work with NLC and TML to inform citizens; endorsing the events of National Unfunded Mandates Week, October 24-30, 1994; and redoubling the City's efforts to inform Minutes Regular Council Meeting October 25, 1994 Page 9 and work with members of our Congressional delegation to inform them about the impact of federal mandates and actions necessary to reduce their burdens on citizens. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Moss, and Noyola voting "Aye"; Martin and McNichols absent. Mayor Rhodes opened discussion on Item 5, city property insurance. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5. M94-287 Motion approving the purchase of City property insurance, with one, two or three year renewal options in accordance with Bid Invitation No. BI -0032-95 through H.R.H. Insurance Company for a premium of $497,134. Monies for these premiums are available in the City's Self -Insurance Fund. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin and Moss voting "Aye"; Noyola and McNichols absent. 6. WITHDRAWN Mayor Rhodes opened discussion on Item 7, marina improvements. A video promoting the marina and discussing the improvements was shown. Mr. Carl Crull, Group Manager of Public Works and Utilities, said the proposed change order had three components --providing adequate electrical power, enhancing the lighting system, and relocating an electrical meter/disconnect that conflicts with a pier entrance. Responding to Council Member Martin, Mr. Crull stated the proposed improvements had not been included in the original contract bid due to an oversight. There was also a brief discussion on the necessity of including the gear boxes at this Minutes Regular Council Meeting October 25, 1994 Page 10 time. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 7. M94-288 Motion to award a Change Order in the amount of $79,062 to Garrett Construction Company for installation of power supply improvements, improved pier lighting systems, and relocation of a meter and disconnect on the Lawrence Street T -Head associated with 1993 Marina Improvements Piers A, B, C, and D. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, Moss, and Noyola voting "Aye"; McNichols absent. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 8 through 15, and Council Members requested that Items 8, 13, and 15 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 9. RESOLUTION NO. 022070 Resolution authorizing eminent domain proceedings by the City to condemn fee title to Parcel 2-16 (northwest corner of Everhart Road at Holly), for the Holly Road Street Improvement Project and to acquire said parcel from the owner, Sigmor Corporation. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, Moss, and Noyola voting "Aye"; McNichols absent. 10. WITHDRAWN his -expense. 11. ORDINANCE NO. 022071 Ordinance amending the 1994-95 City Budget Ordinance, No. 021997, to increase T Minutes Regular Council Meeting October 25, 1994 Page 11 the number of Firefighters II from 131 to 133. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, Moss, and Noyola voting "Aye"; McNichols absent. 12.a. ORDINANCE NO. 022072 Ordinance appropriating $22,500 contributed by the Board of Trade of the Port of Corpus Christi Authority for Ozone Near Non -attainment Planning Research into the General Fund; amending Ordinance No. 021997 which adopted the FY 1994- 95 Budget. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, Moss, and Noyola voting "Aye"; McNichols absent. 12.b. M94-291 Motion approving Research Agreement No. 95-072 between the Texas Engineering Experiment Station and the City of Corpus Christi, Phase One, in the amount of $24,477. The research will be on ozone near non -attainment planning, and will be performed by the Environmental Engineering Program at Texas A&M University - Kingsville. A portion of the cost, $22,500, will be reimbursed by the Board of Trade. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, Moss, and Noyola voting "Aye"; McNichols absent. 14. ORDINANCE NO. 022075 Amending Ordinance 021404 by adopting newly revised Nueces County precinct changes and adjusting single member district lines to conform with precinct line adjustments; providing for submission of the single member district line adjustments for preclearance from the U.S. Department of Justice. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, Moss, and Noyola voting "Aye"; McNichols absent. Mayor Rhodes opened discussion on Items 8.a. and 8.b., used landfill compactor. Council Member Martin noted that the item to be purchased was a used piece of Minutes Regular Council Meeting October 25, 1994 Page 12 equipment. He said he felt the interest rate through General Electric for lease/purchase items (which most recently was 7.05%) was becoming excessive, and City Manager Garza noted that the landfill compactor was being financed through Safeline Leasing Company of Houston at an interest rate of 6.05%. Mr. Martin suggested that staff find other sources of financing, and Mr. Garza replied that they had already begun that work. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 8.a. M94-289 Motion approving the procurement of a used landfill compactor, with a full five (5) year maintenance agreement, in accordance with Bid Invitation No. BI -001.1-95 from Conley -Lott -Nichols Machinery Co., Corpus Christi, Texas, based on the low bid of $289,431 for the compactor and $77,820 for maintenance, for a total of $367,251. The compactor will be used by Solid Waste Services Department for use at the Elliott Landfill. A five (5) year maintenance contract will be funded annually from the Solid Waste Services operating budget. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, Moss, and Noyola voting "Aye"; McNichols absent. 8.b. M94-290 Motion approving a five (5) year lease/purchase contract for $289,431 with Safeline Leasing Co., Houston, Texas for funding the used landfill compactor purchased from Conley -Lott -Nichols Machinery Co. The rate of interest is 6.05% for a total finance charge of $45,730.19. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, Moss, and Noyola voting "Aye"; McNichols absent. Mayor Rhodes opened discussion on Item 13, sale of foreclosed properties. Council Member Noyola asked if the persons who are purchasing the foreclosed properties could be required to pay for some of the city's expense to clean them. City Manager Garza said the city could proceed based on some settlement of the lien amount. He added that staff has taken the position that it is more beneficial to get the properties back on the tax rolls and the city has forgiven some of the liens on the improvements. City Attorney Bray stated that one problem is that other liens are subordinate to the tax liens. Mayor Rhodes called for comments from the audience, and there were none. Minutes Regular Council Meeting October 25, 1994 Page 13 City Secretary Chapa polled the Council for their votes as follows: 13.a. RESOLUTION NO. 022073 Lots 2 and 3, Block 11, La Pascua No. 2, City of Corpus Christi, Nueces County, Texas (4438 Yolanda); prospective buyer is Mario Ortiz; amount offered is $7,000. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, Moss, and Noyola voting "Aye"; McNichols absent. 13.b. RESOLUTION NO. 022074 Lot 11C, Block 11, Highway Village Sec. 2, City of Corpus Christi, Nueces County, Texas (2832 Robby); prospective buyer is Mr. F. Hinojosa; amount offered is $5,900. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, Moss, and Noyola voting "Aye"; McNichols absent. Mayor Rhodes opened discussion on Items 15.a., 15.b., and 15.c., Capital Improvement Program. Council Member Galindo asked if the proposed $1.2 million that would be dedicated to the annual debt service payment could be transferred to the capital budget for several projects and then bonds sold to make the debt service payment. City Manager Garza replied that the annual debt service payment had been reduced over the last few years (last year it was $3.2 million), and next year it will be less than $1.2 million, in order to "phase out" the city's reliance on those monies. In addition, he said, if the $1.2 million was dedicated to capital improvements, another $1.2 million would have to be found to make the debt service payment. Mr. Galindo stated that it was his impression that the debt service payment could fluctuate, and Mr. Garza said it could as long as it stayed above the level of 75% that the Council had set. Mr. Galindo reiterated his desire to use the $1.2 million for the capital improvement projects. Mr. Garza replied that it was important for the Council to maintain consistent policies, particularly regarding the minimum level of the debt service payment. He added that he could not say at this time how challenging the city's budget will be during the next fiscal year. Mr. Galindo also asked if the percentage of the debt service payment would remain the same next year, and Mr. Garza said he would like to see it remain at the same percentage of approximately 75.3%. Minutes Regular Council Meeting October 25, 1994 Page 14 Council Member Martin stated that the city would probably never reach zero on interest earnings, and he questioned the reason for appropriating at this time the $1.2 million into the General Debt Service Fund (Item 15.c. on the day's agenda). Mr. Garza replied that the appropriations ordinance could be amended by the City Council before the actual transfer is made. Responding to another question from Mr. Martin, Mr. Garza stated that the $1.2 million does not include the interest on the Debt Service Fund reserve; it is included in the budget as a separate item. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 15.a. ORDINANCE NO. 022076 Adopting the Proposed 1995-1999 Five Year Capital Improvement Program and approving the FY 1994-95 Capital Budget in the amount of $46,784,099. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, Moss, and Noyola voting "Aye"; McNichols absent. 15.b. ORDINANCE NO. 022078 Appropriating $2,376,940 from the Capital Improvement Fund to support a portion of the FY 94-95 Capital Budget. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, Moss, and Noyola voting "Aye"; McNichols absent. 15.c. ORDINANCE NO. 022077 Appropriating $1,200,000 from interest earnings in the Capital Improvement Fund, and authorizing transfer of these funds into the General Debt Service Fund for the annual debt service payment. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Longoria, Martin, Moss, and Noyola voting "Aye"; Galindo voting "No"; McNichols absent. Mayor Rhodes called for the City Manager's report. Mr. Garza said upcoming items for the November 1, 1994 meeting included an RFP on the Airport food court/lounge; a possible presentation on the acquisition of land on the Oso Creek; the Minutes Regular Council Meeting October 25, 1994 Page 15 second reading on the daytime curfew ordinance with a possible presentation by a Municipal Court judge. He added that there will not be a Council Meeting on November 8, 1994, because it is election day. The Mayor asked staff to advise the Council on the schedule for holding meetings around Christmas time. In her report, Mayor Rhodes stated that her planned meeting with Mr. John Hall, Chairman of the Texas Natural Resource Conservation Commission, had been postponed. Mayor Rhodes called for Council concerns and reports. Council Member Martin noted that one of the items in the Council Members' packets concerning questions about the Freshwater Release Operating Plan was not a complete listing of all the questions that were raised during the presentation on October 18, 1994. Council Member Galindo raised the issue of the Animal Control Department not responding to citizens' calls to pick up dead animals during the weekend. Mr. Garza stated that the department did have stand-by workers, and Mr. Galindo said he had called and there were no stand-by workers available. Mr. Garza said staff would investigate the matter. Council Member Noyola asked that a commendation letter be sent to Mr. Eddie Chavez, Gas System Mechanic in the Gas Division, for repairing gas leaks at his house and at a neighbor's house. He also reported a vacant house at 4414 Yolanda at which a person has parked a mobile home. Mayor Rhodes called for petitions from the audience. Council Member Galindo said Mr. Guadalupe Valdez left the Council meeting before he could address the Council concerning the status of donations to the Veterans Band. Responding to Mr. Galindo, City Manager Garza said the Council had approved $5,000 in funding for the Veterans Band's November 11, 1994 trip to Washington, D.C., adding that he thought it was the Council's wish for him to attempt to find other funding sources from the General Fund. Mayor Rhodes said that action was not definite, and instructed Mr. Garza to contact Mr. Ram Chavez, Musical Director of the Veterans Band, concerning the funding issue. Ms. Carolyn Sullivan, 2902 N. Shoreline, said she disagreed with the proposed location for the Columbus Fleet. In addition, she suggested a combined pricing package for several of the attractions, and increased publicity in other cities for the U.S.S. Minutes Regular Council Meeting October 25, 1994 Page 16 Lexington. Mayor Rhodes replied that the original plan was to dock the Columbus ships on North Beach near the Texas State Aquarium and the Lexington, but the expense to build the docks and piers was prohibitive at this time. She added that their new location next to the Corpus Christi Museum would make them very visible from the aquarium and therefore attract more visitors. Ms. Janet Rice, 118 Southern, said she was a former board member of the Columbus Fleet Association and chairperson of the Quincentenary Commission. She said it is a myth that the Columbus Fleet cannot stand on its own as an attraction; she said it does not need the "Seeds of Change" exhibit to be successful. She said the fleet did not have any funds to market the replicas. Ms. Rice added that Mr. Mazarrasa's October 25, 1994 letter was not clearly in support of the plan but, instead, was non- committal. Mayor Rhodes reiterated that she had personally met with Mr. Mazarrasa and he had told her that he approved of the proposed plan. She said it was time for the community to pull together to support the Columbus Fleet project, rather than trying to sabotage it. Mrs. Helen Royal, 2801 N. Shoreline, stated that she did not understand why the plan would call for the Columbus ships to be placed in what she called a low -visitation area. She requested information about the cost of locating the ships on North Beach. Mayor Rhodes stated that that information could be available for the November 1, 1994 Council meeting. Council Member Martin stated that the proposed location of the ships is adjacent to many other attractions, including the Corpus Christi Museum of Science and History, Heritage Park, the Art Museum of South Texas, the Bayfront Plaza Convention Center, Harbor Playhouse, the Museum of Oriental Cultures, and Dock One. He said the traffic at their proposed location greatly exceeds the traffic at the Lexington and the Texas State Aquarium; in addition, much more money has been invested there. In addition to Mr. Mazarrasa supporting the plan, Mayor Rhodes said that a great number of specialists contributed their expertise to the proposal, and that it was not haphazardly put together. Mr. Galindo said that Ms. Rice's comments and others' comments were not being given serious consideration. Mayor Rhodes replied that no one is being blamed for the unfortunate circumstances surrounding the Columbus Fleet, but the important thing is to move forward with a plan that can be successful. Council Member Noyola said he believed the contract regarding the fleet had been broken. He encouraged citizens to express their opinions about issues facing the city. Council Member Longoria said she supported the plan for the Columbus fleet, and Minutes Regular Council Meeting October 25, 1994 Page 17 said she hoped the community could rally behind the project. Referring to Mr. Noyola's comment about the Columbus Fleet contract, Mr. Martin said that a contract is not broken when both parties to the contract agree to change it. Mr. Peter Davidson, 341 Melrose, a marine surveyor, a sailmaker and rigger, and a student of naval architecture, discussed the negative impact of placing ships on land, giving several examples of the consequences. Mayor Rhodes suggested that Mr. Davidson contribute his expertise to the Columbus Fleet Association. Mr. Garza said that that issue had been discussed, and Mr. Mazarrasa supported the plan to place the Santa Maria on land and open it to the public as a museum. Mr. Allen Jaworski, 1253 Tyler, reported a house across the street from his that was foreclosed upon and is surrounded by trash. Mr. Garza said staff would investigate the situation. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 5:20 p.m. on October 25, 1994.