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HomeMy WebLinkAboutMinutes City Council - 08/31/1999I 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 August 31, 1999, which were approved by the City Council on September 14, 1999. WITNESSETH MY HAND AND SEAL, this 14th day of September, 1999. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 31, 1999 2:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Rex A. Kinnison Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Betty Jean Longoria Mark Scott ABSENT John Longoria City Staff: City Manager David R. Garcia City Attorney James R. Bray Jr. City Secretary Armando Chapa Assistant City Attorney Alison Gallaway Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall, The invocation was delivered by Rev. Edward Seeger, Corpus Christi Metro Ministries, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Colmenero. 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 Neal called for approval of the minutes of the regular Council meeting of August 24, 1999. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Ismael Martinez, 3742 Niagara, commended two police officers who recently apprehended a robbery suspect. He expressed concern about the penalties that are meted out to people convicted of crimes. Mr. Jose Marroquin, 2433 Allencrest, said that while it is true that Corpus Christi has not increased the tax rate in the last few years, he is paying more taxes because his property value has increased. In addition. he said the city has raised utility rates by 6%. Mr. Jack Gordy, 310 Norton St.. referred to a memo in the City Manager's packet regarding taxation of vehicles for which mileage reimbursement is claimed. He disputed the City Attorney's Minutes Regular Council Meeting August 31, 1999 Page 2 definition of delinquent taxes, adding that the Attorney General's Office would be providing information. He said the Council members are responsible for ensuring that their tax statements are correct. Mrs. Kay Noyes, 930 Coral, said she was again requesting a careful crossing area on Everhart Road and she encouraged the Council to visit the specific area to which she was referring. Mr. Bob Warren, 1310 Prince Dr., asked the Council to consider temporarily suspending the fee at the landfill when a resident of Corpus Christi pays someone to haul tree limbs to the landfill and the hauler himself is also a resident of the city. He said that would give people time to clean out the accumulated debris from Hurricane Bret. Mr. Leon Perez, 904 Buford, commented negatively on the bottleneck on IH -37 that occurred when people evacuated prior to the recent hurricane. He questioned why the city did not provide shelters. Mr. J.E. O'Brien, 4130 Pompano, said none of the media reported that last week the Nueces County Commissioners Court sold $2.5 million worth of tax -anticipation notes to conduct repairs at the courthouse and other buildings. He said the county received a favorable interest rate due to their excellent credit rating from their large fund balance. Mr. Irving Dietz, 455 Miramar, said he was disappointed that the proposed new city seal does not recognize the military presence in the city. Mr. Roger Wright, who leases a slip in the Corpus Christi Marina, said that on June 29th the Council voted against granting a six-month moratorium for those living on their boats in the city marina. The Council said that if they are to allow "live aboards," the recommendation should first come from the Water/Shore Advisory Committee. Mr. Wright said that on July 1st he presented to the committee a proposed resolution recommending to the Council that they allow live aboards in the city marina. At a subsequent meeting August 5th, the Water/Shore Advisory Committee voted favorably to recommend the last two paragraphs of the resolution regarding allowing live aboards. Mr. Wright questioned why the resolution was not placed on the City Council's agendas on August 24th or August 31st. Responding to Mr. Wright, City Manager Garcia said the committee's recommendation was the same one the Council had previously dealt with; he said if the Council wished to discuss it again he can place it on their agenda. Mr. Wright replied that the item the Council discussed was whether or not to grant a moratorium. He said the Council stated that the recommendation should come from the Water/Shore Advisory Committee, which it did. Mr. R.F. Hasker, 1813 Wallace, discussed the benefits of cogeneration desalination. He said a committee of engineers and interested citizens, including Mr. Byron Wooldridge, was formed and Minutes Regular Council Meeting August 31, 1999 Page 3 they have been studying the desalination issue for some time. Mr. Hasker criticized those who were not receptive to the committee's efforts to promote the use of desalination technology locally. Mr. Charles Spencer, 13845 Hawksnest Bay Dr., said that as a Padre Island resident, he is concerned about the ability of residents to safely and effectively evacuate during times of emergency. He said that during a briefing on evacuation, city and county emergency planning officials said the plan called for Texas Department of Public Safety officials to halt southbound traffic on IH -37 so as to allow for northbound traffic on all four lanes. However, that plan was not followed, resulting in a very lengthy evacuation process. Mr. Spencer questioned why a ramp was built for that purpose but not used. Council Member Gonzales asked if the Council would be receiving a report on the evacuation issue. Mr. Garcia said they can provide one. He added that he has requested a meeting with the Texas Department of Public Safety, the Texas Department of Transportation, the city's Traffic Engineering staff, and the city and county emergency managers. He said they made a request to the state to implement the plan during the evacuation, but state officials chose not to. Dr. Gonzales said he wished to attend that meeting. Council Members Colmenero and Betty Jean Longoria agreed that more information is needed. Mr. Garcia noted that the evacuation period for Hurricane Bret was extremely limited. Mr. Lee Gwozdz, 7238 Diamond Ridge, said he was representing the Corpus Christi Symphony Orchestra and the Cathedral Concert Series. He expressed concern about a motion the Council approved on July 20th to fund another arts organization in the amount of $7,500, of which half would come from the budgeted subgrant monies. He explained that 18 arts organizations proposed 38 projects in the total amount of over $360,000; however, only $114,000 is available for funding. He said the organization which will benefit from the Council's motion did not meet the deadline requirement for the grant application's attachments. Mr. Gwozdz said that on behalf of the arts organizations that were not present at the meeting, he asked the Council to reconsider the motion to fund the other arts organization. Mr. George Bires, 3636 Lawnview, questioned the funding to elevate the Kennedy Causeway. He added that citizens pay city employees' salaries, and he said Padre Island should be a city of its own. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was regarding the Youth Opportunities United (YOU) youth summit scheduled for October 15-16, 1999 at West Oso ISD. Mr. Jimmy Rodriguez, Chief Deputy of the Nueces County Sheriff's Office and YOU Steering Committee Co -Chair, introduced Mr. Ryan Adamson and Ms. Amber Bryant. They discussed the upcoming youth summit, which is intended Minutes Regular Council Meeting August 31, 1999 Page 4 to empower young people to become part of the community decision-making process. They said it will provide seminars and workshops for approximately 500 participants. Others involved in the summit also addressed the Council, including Ms. Paige Dinn, YOU Steering Committee Co -Chair; Mr. Chris Nelson, Executive Director of United Way; and Ms. Jessica Mahaffey, representing Central Power and Light, which is presenting the summit in partnership with America's Promise and YOU. Mr. Rodriguez also introduced Ms. Mary Little, grant writer for Youth Opportunities United. The next presentation was an update on Census 2000 and the Corpus Christi Complete Count Committee, which is chaired by Council Member Betty Jean Longoria and co-chaired by Mrs. Carol Scott. Mrs. Longoria said that during the 1990 census, the city, county, and state were undercounted, which equates to the loss of federal and state funds. To aid in the 2000 census, the Complete Count Committee was established and it represents the areas of higher education, public/private schools, faith -based organizations, community and business organizations, and media/communications. Mr. Michael Gunning, Director of Planning and Development, referred to a map of non- response percentages based on the 1990 census for the Nueces County area. He explained that every household will receive a census survey and one out of six households will receive a long form. Mrs. Longoria said the members of the Complete Count Committee are available to make presentations to civic organizations and the like. Mayor Neal thanked Mrs. Longoria, Mrs. Scott and Mrs. Vangie Chapa, area coordinator for the 2000 census, for their efforts. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 2, a public hearing and consideration of the proposed renaming of Agnes Street in honor of Mr. Cesar Chavez. The Mayor then read a portion of Section 49-1 of the City Code of Ordinances regarding the procedure for naming, renaming, or changing names of streets. The Code states that "persons who reside on or own property on any street, road, alley or highway within the city that has a street address on said street, road, alley or highway who desire to have the City Council exercise its powers of fixing or changing the name of said street, road, alley or highway may file an application with the City Secretary in writing, directed to the City Council." He noted that the Code calls for a public hearing on the subject. The Mayor called on property owners and tenants on Agnes Street who are in favor of the name change of Agnes Street. Mr. Juan Manuel Tijerina, President of the American Postal Workers Union -Corpus Christi Area Local #779, said they have property located at 2525 Agnes. He said they are asking the Council to rename Agnes Street on behalf of Mr. Chavez, whom he called a great American. Mr. Tijerina added that the concern about the cost involved has been exaggerated. Senator Carlos Truan said he thought all those people in favor of the proposition (not just property owners) should speak first and those against should speak next. Mayor Neal replied that the Minutes Regular Council Meeting August 31, 1999 Page 5 ordinance is clear on the issue regarding property owners, and he and the City Secretary determined that the people most affected by the name change --the property owners --would speak first followed by comments from the general public. Following a brief discussion, Council Member Gonzales made a motion to allow all people who are in favor of the name change to speak first, followed by all people who are opposed to it. The motion was seconded by Council Member Colmenero. City Secretary Chapa polled the Council, and the motion passed by the following vote: Colmenero, Cooper, Garrett, Gonzales, and B. Longoria voting "Aye"; Neal, Kinnison, and Scott voting "No"; J. Longoria absent. Senator Truan said the Texas Legislature passed two propositions to honor Mr. Chavez: to have a state holiday on March 31st and to change the name of Highway 44 to Cesar Chavez Memorial Highway (effective on September 1, 1999). He said they are promoting the name change of Agnes Street to coincide with Highway 44 so the name Cesar Chavez continues throughout South Texas. He noted that communities in many states have honored the memory of Mr. Chavez in various ways, and he added that Mr. Chavez was the recipient of the Presidential Medal of Freedom, the highest honor that can be bestowed on a private citizen in the United States, and the Aquila Azteca from Mexico. Dr. Xico P. Garcia said the American G.I. Forum -Dr. Hector P. Garcia Founder's Chapter supports the change of Agnes Street to Cesar Chavez Boulevard. He said Mr, Chavez was a great man who sacrificed his life so that the farmworkers of this country could have improved working and living conditions. He urged the Council to honor Mr. Chavez by naming Agnes Street for him. Ms. Josie Guzman said it is time to name more streets after Hispanic individuals since Hispanics are the majority in Corpus Christi. She questioned why other cities have honored Mr. Chavez in that way and Corpus Christi has not. Ms. Mary Helen Salazar, President of LULAC Council No. 1, said all of the members of that organization are in favor of changing the name of Agnes Street in honor of Mr. Chavez. She said the Council does not realize what will result from the Council's vote on the issue that day; she added that the Hispanic community has been united. Mr. Mike Zepeda, President of the state Labor Council for Latin American Advancement, asked the Council to vote to change the name of Agnes Street after Mr. Chavez. He said representatives of several organizations have been working over 11/2 years on this issue. He added that he has yet to see a street named after an American hero of Hispanic descent. Mr. Buck Sosa, 3801 Devonshire, said that during the April City Council elections at least six Council members said they would not have a problem with changing the name of Agnes Street. However, he expressed concern that some would change their minds and he urged them to vote in favor of the name change. Minutes Regular Council Meeting August 31, 1999 Page 6 Ms. Susie Luna Saldana, 4710 Hakel, said the businesses located on Agnes Street are frequented by members of the Hispanic community. She said they are asking that Mr. Chavez be honored not because he was Hispanic but because of the work he did. Mr. Juan Zaragosa also stated that the Agnes Street business owners receive support from Hispanics, and he asked the Council to rename the street for Mr. Chavez. Mr. Paul Garcia, President of the Westside Business Association, said they realize that it may take six months for the Agnes Street businesses to phase in the name change to Cesar Chavez Boulevard. Mr. Manuel Narvaez said it is a long, slow process to make changes, and he described his involvement in the legal battle that created special emphasis schools in Corpus Christi. He added that Mr. Chavez was a good friend of his and he described some of Mr. Chavez's accomplishments. Judge Lorenzo Rojas said he is a farmworker as well as one of the customers of the Agnes Street businesses. He said Mr. Chavez is present at least three times a day because, through his efforts and those of the campesinos, people can now enjoy eating healthy produce. Mr. Fred Perez Sr. said Mr. Chavez worked to control the insecticides that were used on fruits and vegetables, and he urged the Council to support the street name change. Ms. Rostine Perez Chapa said her parents own property on Highway 44 and they are appreciative that roadway will be included in the name change for Mr. Chavez. She said Mr. Chavez's efforts should be admired. Mr. Jesse Noyola said his father, who was a farmworker, was familiar with Mr. Chavez. Mr. Noyola said he and others who were running for a seat on the Council had said they would support the name change. He added that if this proposal fails, it will divide the community much more. Ms. Yolanda Amador said she was raised on Agnes Street and her grandparents had businesses there. She thanked the Council for their support of the name change. Mr. Hector Morales said he met Mr. Chavez in 1956 in California. He said he was proud of and impressed with the efforts of Mr. Chavez and his followers. He said Mr. Chavez is the founder of the U.S. civil rights movement for Mexican -Americans. Mr. Alberto Montez, President of Local 3307 of the National Border Patrol Council, said he greatly respects Mr. Chavez even though he has never met him. He said this is a community pride issue and they want to honor a great American. Mr. Ricardo Gonzalez said all the proponents are asking for is a name change, and he said Minutes Regular Council Meeting August 31, 1999 Page 7 the Council should not place a dollar value on the issue. Mr. Baldemar Perez said he was raised on the west side and he has frequented the Agnes Street businesses. He said he wishes to honor a great man, Mr. Chavez. Mr. Jose Raul Garcia, President of Texas Association of Chicanos in Higher Education, said that changing Agnes Street to Cesar Chavez Boulevard will give young people an awareness of Hispanics' history. He also read an excerpt from a book about the history of Mexican -Americans regarding Mr. Chavez's influence. Mr. Mauricio Salazar Jr. said Mr. Chavez's work benefitted everyone. Ms. Tina Cruz, Chairwoman for the Coastal Bend Area Women's Chapter of the American G.I. Forum, said Mr. Chavez became the voice for migrant workers when they could not speak for themselves. She said they are now asking the Council to listen to their cries for the name change. Mr. Javier Rios said the right thing to do is to change the name of Agnes Street to Cesar Chavez Boulevard, which he said will help to improve that street's reputation. Mr. Ramon Flores said he considers the Council members his friends and he was asking them to change Agnes Street to Cesar Chavez Boulevard. Ms. Laura Garcia, a member of the American Postal Workers Union, said she supported the name change. Mr. Johnny Moncada said he worked as a farmworker since he was a child and he urged the Council to vote in favor of the name change. Mr. Abel Alonzo said he also grew up around Agnes Street and this is an emotional issue. He said they need positive role models, of which Mr. Chavez is one. He said six Council members promised that they would support the name change. Mr. Domingo Torres said he was in favor of the name change. Mrs. Sara Posas said she and her husband drove from Woodsboro to express their support for the name change and for Mr. Chavez, whom she called a great role model and American. Mr. Raul Cortez said there were no problems when Buffalo Street was renamed in honor of Dr. Martin Luther King Jr and Highway 59 was renamed for Senator Lloyd Bentsen. He said they are all citizens of Corpus Christi and want what is best for the city. Mr. Juan Clark Jr. said that as a veteran he asked the Council to support the name change. Minutes Regular Council Meeting August 31, 1999 Page 8 Mr. Johnny Lerma said that as a member of the National Guard he is ready to defend this country and the privileges Americans have, including the democratic process that was being displayed that day. He urged the Council to support the majority. Mr. Rolando Barrera, representing the Hispanic Contractors Association, said Mr. Chavez was a man who taught his people to empower themselves, for which he should be honored. Mr. Gus Munoz, Chairman of Precinct 83, said the street name change can occur with the Council's help. Mr. Benny Benavides said if the business owners on Agnes Street do not support the name change, he recommended they erect a statue in honor of Mr. Chavez at the intersection of Agnes and Laredo streets next to the statue of Capt. Alonzo de Pineda. Mr. Louis Alvarado, a member of The Image of Corpus Christi, said their organization supports the name change. Mr. Richard Nelson, political representative for the Steelworkers Union Local 5022, said they make up a large percentage of voters and patrons of Agnes Street businesses. He said Mr. Chavez was a great labor leader and he was family-oriented. Mr. Ram Chavez said Mr. Chavez's impact was tremendous, which is a good reason to change the street name in honor of him. Rev. Harold T. Branch said Corpus Christi was the first major city in Texas that integrated its schools without any fanfare. He said that as a former member of the Council, he was present when other street names were changed. Mr. Mike Baker said Mr. Chavez should be honored. Mrs. Dorothy Spann said that according to demographic studies, in the year 2030 Texas will be 70% Hispanic, and it is appropriate for Mr. Chavez to be honored in this way. Mr. Ismael Martinez said the Council should stand up for what they say they will stand up for. He said if the name change is made, the business owners can deplete their current supplies of stationery before ordering new stationery. Ms. Gloria Lopez said she supports the name change, adding that the Council's future is in their hands. Mr. Andy Rodriguez said he was opposed to the renaming of Agnes Street to Cesar Chavez Boulevard because it does not fit Corpus Christi, which he said is a military town. Minutes Regular Council Meeting August 31, 1999 Page 9 Mr. Carlos Torres, Vice President of Local 936 Corpus Christi Firefighters Association, cited the example of how he and his daughter educated themselves and in turn, others, about Mr. Chavez's life and accomplishments. He said over 30 local, state, and federal unions support the name change. Ms. Maria Garza said she participated in grape and lettuce boycotts called for by Mr. Chavez, and it would honor him to rename Agnes Street. Mayor Neal then called for comments from people opposed to the renaming of Agnes Street. Mr. L.A. Train, President of Swiff-Train Company, said their company has been located on Agnes Street for over 63 years. He said Mr. Chavez should be memorialized but he said the proponents of the name change did not first seek the approval of the persons and companies who would be most affected by the change. He said he doubted the Council would have supported the proposal had they known that over 110 businesses on Agnes Street are against the name change, which he said would confuse customers, suppliers, and friends. Mr. A.G. Estrada, owner of Estrada Motors, said there are many other ways to memorialize Mr. Chavez rather than changing the name of Agnes Street. He described how he built his business several years ago. Mr. Richard Train said he is one of the fourth-generation family members who works for Swiff-Train located at 2500 Agnes Street. He said they do not believe that the street name change is the appropriate way to memorialize Mr. Chavez. He discussed economic concerns associated with a name change: a direct economic loss to replace and mail printed materials, and an intangible loss of business due to confusion that will occur from the name change, particularly with regard to freight companies. He said this proposal would place an entire section of the city in economic distress. Mr. George Bires said Mr. Chavez should be honored but he questioned why Agnes Street was chosen to have its name changed. Mr. Roy Martinez said this request should be unanimously denied because it does not comply with the Council policy (Resolution No. 21901) regarding street name changes. He said the request fails to state the unusual, extenuating circumstances for the name change, and the applicant (Mr. Tijerina) did not provide documentation to show that the members of APWU Local #779 are in support of it. Mr. Martinez said he was requesting that Dahlia Drive be renamed to "Roman Martinez" and he attached a check for $25 with the expectation that he receive the same opportunity that was afforded Mr. Tijerina. He added that Mr. Chavez would not stand for the name change because it violates city ordinances and makes a mockery of the justice for which he stood. Mr. Ken Hobbs said his business, H&H Iron and Metals, is located at 3702 Agnes Street. He said several of the name change proponents made threatening remarks, and he questioned why they will not discuss a compromise solution. Minutes Regular Council Meeting August 31, 1999 Page 10 Mr. Dexter Wright said his business, Fun Time Tours Coach USA, is located at 5875 Agnes. He said changing a street name in honor of Mr. Chavez is insignificant; rather, a monument should be built in his honor. Ms. Olga Solario said she is opposed to the name change because she feels it is the seediest street in the city. She suggested that Mr. Chavez could be honored by renaming Memorial Coliseum, Bayfront Plaza or the auditorium at the University of Texas after him. Mr. Wes Constable, Manager of Commercial Metals at 4614 Agnes, said the facility has a long history on Agnes Street. He said it would cost his business several thousand dollars to change the street name. He said the more important issue is that of local, national, and international identity. He added that Mr. Chavez deserves to be honored in some way. Mr. Troy Adler said he owns a business at 4000 Agnes Street, which was established there in 1928. He said Agnes Street is known statewide and its history is as rich as any street in South Texas. He said positive changes have been made over the years and renaming the street would place a financial burden on the businesses there, many of which are family-owned and operated. Mr. Richard Hinojosa, who owns property on Agnes Street, said his son's business is located there. He asked the Council to honor Mr. Chavez in a different way than changing the street name. Mr. Tim Stevens, whose business is located at 2701 Agnes, said he is opposed to the renaming for economic reasons. He said the proposal is not in the best interest of the community. He added that the estimate to change the signage along Agnes is $190,000, which is not in the city's budget. Mr. Jimmie Till complimented the Mayor and two other Council members for wanting to maintain the original format of the hearing. Mr. Robert Adler said his family has had their business at 3616 Agnes for 60 years. He said aside from the financial implications of the name change, this is an emotional issue to the Agnes Street families. He reiterated the earlier comment that over 100 business owners were asking the Council not to change the name of Agnes Street. Mr. Sammy Guajardo said his business has been located at 5609 Agnes for many years. He said Mr. Chavez should be honored in another way and the long -known name of Agnes Street should not be changed. Mr. Corky Avila, whose auto parts store is located at 3420 Agnes, said that changing a street name for Mr. Chavez will not educate people about the man's accomplishments; rather, some other action should be taken. Minutes Regular Council Meeting August 31, 1999 Page 11 Mr. Art Hinojosa, owner of Art's Truck and Equipment Sales, said the Council should consider what is best for the businesses on Agnes, and he added that changing the street name will be costly. Mr. Bill Skrobarczyk said they own three businesses on Agnes Street. He said he loves the name of Agnes Street, which has much meaning and historical significance for him. Mr. Bob Skrobarczyk, Bill's brother, said he is also against the name change. He said Mr. Chavez was an honorable man and he supports the idea of a statue. Mr. Frank Dodson, General Manager of Rose Sales Company, said that company has been located at 5151 Agnes Street for 30 years. He said the Council has heard many threats from the proponents of the name change, but they are all in agreement that Mr. Chavez needs to be honored. He discussed the economic difficulty that would be entailed. Mr. Raul Gonzales, Chairman of Precinct 56, said the city cannot afford the cost of changing the street signs. He said Mr. Chavez deserves to have a statue of himself. Mr. Jay Hale said his father started their family's trucking business at 5153 Agnes in the 1960s. He said they cannot afford to change all of the signage on their trucks and equipment. He also agreed that a statue or monument of Mr. Chavez would be appropriate. Ms. Carol Kilgore said she has lived at 9025 Agnes Street for almost 75 years. She said generations of families have lived and worked on Agnes Street and they have an emotional attachment to the name. Mr. Bill Rogers, of Rogers Precision Machine on Agnes Street, said his customers --many of whom are from surrounding counties --recognize the location of his business on Agnes Street. He said the years of work by the Agnes Street business owners should not be so easily dismissed, and Mr. Chavez should be honored in another way. Mr. James Perez said his family has been doing business on Agnes Street since 1938. He said the street is rich with family-owned businesses that have been passed on from one generation to another. He said this issue has taken an ugly racial turn, and he added that his family knows first- hand about racial discrimination. He said they also want to honor the great Mr. Chavez. Mr. Bill Renfro, owner of Renfro and Company at 1123 Agnes, said if the street name is changed there will be many costs associated with it and it will be a source of confusion. He said that while Mr. Chavez should be honored, it should not be at the expense of the Agnes Street families and business owners. Capt. Walter Newton said he thought a statue of Mr. Chavez would be a wonderful idea. He Minutes Regular Council Meeting August3l, 1999 Page 12 said he has been doing business on Agnes Street for 53 years and if a street name is changed, it loses its historical significance. Mr. Juan Gonzales said he was speaking on behalf of the Agnes Street business owners. He said there is no doubt that Mr. Chavez was a great man and should be honored. He added that as a teacher and a veteran, he takes seriously the action of saluting the flag of the United States, which he said Mr. Chavez refused to do. Mr. Bruce Lacer, co-owner of Otto Duke's Tools, said they chose to locate on Agnes Street because they felt confident about its heritage. He asked the Council to retain the street's name. Mr. Charlie Saenz, who has a business at 3701 Agnes Street, said changing the street name would confuse their customers and adversely affect the business owners. Mr. Jonathan Valdez, a student at Texas A&M -Corpus Christi, said naming a street after Mr. Chavez does not validate who he was. He said there are other ways to honor him at no cost to the business people. Mr. Ted Stephens said his business has been located at two Agnes Street addresses for a total of 54 years. He said he opposes the name change for economic and sentimental reasons. He noted that he was one of the founders of the Westside Business Association and they have worked long and hard to improve the Agnes Street area, including acquiring the de Pineda statue. Mr. Arturo Perez, co-owner of Perez Mattress Company (dba The Mattress Firm) at 1901 Agnes, said the Perez family has been doing business there since 1938. He said he would agree with any of the suggestions for honoring Mr. Chavez other than changing the street name. Mr. J.E. O'Brien said he has not heard any extraordinary or unusual circumstances as to why the name of Agnes Street should be changed. He said if a name change is absolutely necessary, he would support changing the name to honor Sgt. Major Roy Benavidez, a Medal of Honor recipient. He said those who raise the racism issue do the community a great disservice. Ms. Betty Rapp of Flour Bluff said she echoes the comments made by Mr. Bires and she said many people will always call the street Agnes. Mr. Ken Turner, owner of C.C. Battery at 3513 Agnes Street, said they moved to that street in 1943. He said his company has an international customer base and changing both the area code and street name will cause them economic difficulties. Ms. Shea Salinas said the business owners gave Agnes Street its history and personality. She said her parents are her heros and she wished she could name a street after them. She said there are other ways to memorialize Mr. Chavez. Minutes Regular Council Meeting August 31, 1999 Page 13 Mr. Richard Crossland said he manages a business at 3921 Agnes, which is located in the city's enterprise zone. He said he opposes the name change. Mr. Luis Lopez said he owns a business at 3409 Agnes Street and he is proud of that name. Mr. Charles Varton Walker said he owns 400 acres across from the International Airport as well as a block of property on Agnes Street. He said he and his tenants oppose the name change. He said they can rename the Harbor Bridge after Mr. Chavez because it does not memorialize anyone. Mr. Rudy Pefia said he supports the people who are opposed to the street name change. He agreed that Mr. Chavez should be honored somehow. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Colmenero, and passed (J. Longoria absent). Mr. Colmenero thanked those who addressed the Council, and he said this will be a difficult decision for the Council to make. Mr. Colmenero then made a motion to change the name of Agnes Street on the portion from Carancahua Street to the west city limit to Cesar Chavez Boulevard. Dr. Gonzales seconded the motion. Mrs. Longoria made a motion to amend Mr. Colmenero's motion as follows. to approve an ordinance which preserves the name Agnes Street but designates the area from Carancahua Street to the west city limits along Agnes Street as Cesar Chavez Memorial Parkway and posting appropriate signage. Mrs. Longoria's motion was seconded by Mr. Garrett. Mrs. Longoria said she changed her mind regarding the Agnes Street name change after hearing from citizens on both sides of the issue. She said it is in the best interest of the city to reach a compromise, and she noted that she has been very involved with activities on the west side. Mrs. Longoria said there is an effort to create a park across from the Galvan Ballroom between Agnes and Laredo streets, and it would be appropriate that a march honoring Mr. Chavez along Agnes Street end at that location. She said more should be done, including educating the city's children about Mr. Chavez's accomplishments. Ms. Cooper said this has been one of the most divisive issues during her tenure on the Council. She said she supports the compromise because she does not believe the name change will be achieved without it. Dr. Gonzales said all of them are proud of Agnes Street, and he noted that he was raised near there. He discussed Mr. Chavez's accomplishments on behalf of all people, and he asked who would not want to live on or have a business located on a street named Cesar Chavez Boulevard. He said regardless of the outcome, they should work together for a better Corpus Christi. Minutes Regular Council Meeting August 31, 1999 Page 14 Mr. Kinnison said this is not about politics, and he noted that he has friends on both sides of the issue. He said he would like to find a way to recognize Mr. Chavez but he does not believe that the street name change is the appropriate way to do it. He commented that the Council members have struggled with this issue and they are trying to do the right thing. Mr. Scott said he is humbled by the speakers' stories of fortitude and perseverance, and of the history associated with both sides of the issue. He said he will support the compromise proposal because he feels it is as close as they can get to uniting everyone. Mr. Chapa polled the Council for their votes on Mrs. Longoria's motion to amend. It passed by the following vote: Neal, Cooper, Garrett, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and Gonzales voting "No"; J. Longoria absent. Mr. Chapa then polled the Council for their votes on Item 2 as follows: 2. ORDINANCE NO. 023750 Ordinance preserving the name Agnes Street but designating the area along Agnes Street from Carancahua Street to the west city limit as Cesar Chavez Memorial Parkway and posting appropriate signage. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Neal, Cooper, Garrett, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and Gonzales voting "No"; J. Longoria absent. Mayor Neal called for a brief recess. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 3-10. Council members requested that Item 10 be withheld for discussion. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M99-306 Motion approving a supply agreement with T. D. Williamson, Inc., Tulsa, Oklahoma for hot tap fittings in accordance with Bid Invitation No. BI -0106-99 based on best bid for an estimated annual expenditure of $17,982.50. The term of the contract shall be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds are available from the warehouse cost of goods sold account for FY 99-2000. Minutes Regular Council Meeting August 31, 1999 Page 15 The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Cooper and J. Longoria absent. 4. M99-307 Motion authorizing the City Manager or his designee to execute a contract for architectural/engineering services with Raymond Gignac & Associates for a total fee not to exceed $33,850 for the Theodore Merchant "Buddy" Lawrence House Renovation. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Cooper and J. Longoria absent. 5. RESOLUTION NO. 023751 Resolution authorizing the City Manager or his designee to execute the 1988 -1992 Urban System/Principal Arterial Street System (PASS) Advance Funding Agreement with Texas Department of Transportation in the amount of $164,260 for roadway construction associated with the Airline Road improvements project, Phase II-Woolridge Road to Saratoga Blvd. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Cooper and J. Longoria absent. 6.a. M99-308 Motion authorizing the City Manager or his designee to accept a grant in the amount of $8,912 from the State of Texas, Office of the Governor, Criminal Justice Division for the continued operation of the Police Department Crime Analysis Unit and to execute all related documents. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Cooper and J. Longoria absent. 6.b. ORDINANCE NO. 023752 Ordinance appropriating $8,912 from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 1050 Federal/State Grants Fund for the continued operation of the Crime Analysis Unit; transferring $46,691 from the No. 1020 General Fund and appropriating it in the No. 1050 Federal/State Grants Fund as grant matching funds. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Cooper and J. Longoria absent. Minutes Regular Council Meeting August 31, 1999 Page 16 7.a. M99-309 Motion authorizing the City Manager or his designee to accept a grant in the amount of $50,185 from the State of Texas, Office of the Governor, Criminal Justice Division for the continued operation of the Police Department Gang Analysis Unit and to execute all related documents. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Cooper and J. Longoria absent. 7.b. ORDINANCE NO. 023753 Ordinance appropriating $50,185 from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 1050 Federal/State Grants Fund for the continued operation of a Police Department Gang Analysis Unit; transferring $16,241 from the No. 1020 General Fund and appropriating it in the No. 1050 Federal/State Grants Fund as grant matching funds. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Cooper and J. Longoria absent. 8.a. M99-310 Motion to amend ordinance prior to second reading by substituting new, agreed Part 6 language. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Cooper and J. Longoria absent. 8.b. ORDINANCE NO. 023754 Amending the lease agreement with Patricia Jane Stubbs for operation of the L -Head bait stand. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Cooper and J. Longoria absent. 9. ORDINANCE NO. 023755 Amending the Code of Ordinances, Chapter 2, Administration, Division 16 -Airport Advisory Minutes Regular Council Meeting August 31, 1999 Page 17 Committee, Sections 2-175 Membership and 2-176 Duties by: renaming to Airport Board; and providing for severance. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 10, a proposal to change the appearance of the city seal. He said the approaching millennium or the 150th anniversary of the city are opportunities to solicit ideas and designs for a new city seal. He made a motion to defer any further action on the city seal until such time as a proper procedure is developed to involve the community; seconded by Dr. Gonzales. He called for a voice vote and the motion passed (Cooper and J. Longoria absent). 10. WITHDRAWN Amending the Corpus Christi Codc of Ordinances, Chapter 1, General Provisions, Section 1 11, City Seal, by changing the appearance of the scal; providing for an effective date. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 11, taxes to be levied. There were no comments from the audience. In response to a constituent's concern, Council Member Scott emphasized that the Council has not raised the tax rate but there is an increase in revenues due to an appreciation of land values. City Secretary Chapa polled the Council for their votes as follows: 11.a. ORDINANCE NO. 023756 Ordinance prescribing the taxes to be levied, assessed and collected by the City of Corpus Christi, Texas, for tax year 1999 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Cooper and J. Longoria absent. 11.b. M99-311 Motion approving the 1999 Tax Levy of $46,546,084 based upon the adopted tax rate of Minutes Regular Council Meeting August 31, 1999 Page 18 $.623726 per $100 valuation in accordance with Section 26.09 (e) of the Texas Property Tax Code. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 12, Texas Coastal Management Program grants. There were no comments from the audience. Council Member Colmenero said this project is beneficial because it helps develop ecological areas while not requiring monies from citizens. Council Member Scott said a citizen had urged the Council to get involved in eco -tourism, which is the action they were taking with this item. He added that the Padre Island Property Owners Association has submitted two proposals to the Texas Coastal Management Program for which they are seeking the Council's endorsement. Mr. Tom Utter, Assistant City Manager for Development Services, said one grant proposal is for the design of a Laguna Madre water improvement method and the other is for the design of a beach/bike/hike trail from the piers to the Laguna Madre. He added that they are not eliminating any economic development activity with the North Beach project. City Secretary Chapa polled the Council for their votes as follows: 12. M99-312 Motion authorizing the City Manager or his designee to submit two pre -applications and subsequent final application proposals for Texas Coastal Management Program grants for the purpose of: (1) an eco -tourism development project and (2) wetlands acquisition and improvement project on Corpus Christi Beach. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item M., two special discussion items. The first item was a presentation by Mr. Bear Poth, President of ClearSource Inc., on proposed telecommunications services and cable franchise. He said ClearSource wishes to spend over $60 million to construct a state-of-the-art telecommunications network in Corpus Christi with the intention of being the preferred provider of broadband communications services. Minutes Regular Council Meeting August 31, 1999 Page 19 Mr. Poth explained that a broadband system is a large telecommunications pipe through which internet, telephone and cable television services can be provided. He described how ClearSource was incorporated in January 1998 and is headquartered in Austin. Their investors include Prime New Ventures, The Centennial Fund, JHWhitney, Norwest, and AT&T Ventures. Mr. Poth said their strategy is to target attractive markets, build reliable broadband networks, provide bundled offerings, and focus on the customer. He also described the company's network structure and target markets. He said benefits to Corpus Christi would be true competition, a state-of- the-art facility, investment in the city, and quality employment opportunities. City Manager Garcia said city staff have been in contact with Mr. Poth and his staff to begin working toward an agreement. He said they wanted to provide the Council with some background information on ClearSource and the services they provide. In addition, he said, the city is in the midst of renegotiating its franchise with TCI Cablevision, which provides an opportune time to investigate this issue. He added that Mr. Adrian Herbst, the city's consultant on the cable franchise, has met with ClearSource representatives. Council Member Colmenero asked Mr. Poth if ClearSource planned to use existing fiber optic cable throughout the city. Mr. Poth replied that they are planning to build their own network and they would be able to provide high-definition and digital television service. Mr. Colmenero also asked how this would affect the city's cable franchise negotiations. City Attorney Bray replied that city staff and Mr. Herbst are already far along in that process and this may dove -tail with that effort. He said in the near future staff will be finalizing a draft proposal that can be sent to the companies in the industry for their input. He added that ClearSource officials are seeking an expedited process and under that scenario, staff could bring a franchise to the Council later this fall. Council Member Scott said the Board of Realtors recently emphasized to him the importance of establishing fiber optic networks such as that offered by ClearSource. The second item regarded proposed revisions to the Solid Waste Services ordinance and property maintenance ordinance. Mr. Ogilvie Gericke, Acting Assistant City Manager for Public Works and Utilities, explained that this year city crews are expected to pick up almost twice as much brush and debris tonnage (30,000 tons) as was picked up by the same number of crews in 1995 (16,762 tons). In order to meet the demand, the crews are working extended hours and utilizing slightly different equipment. Another problem has been limited resources and an aging fleet. He said the FY 99-00 budget includes the replacement of one loader and four trucks; addition of two backup hotshot self-contained units and one brush trailer; and the addition of one crew with one loader and five trucks. Mr. Gericke said other problems are that the brush and debris collection is on an irregular schedule, which means that residents place their debris out at any time (sometimes right after the collection crews go by). He then showed examples of the mix of debris that is often placed out by Minutes Regular Council Meeting August 31, 1999 Page 20 residents, including vegetative brush, construction materials, furniture, and appliances. He noted that at the landfill, residents are charged for the disposal of tires, appliances and construction materials. Mr. Gericke went on to explain that during their retreat in May, the Council identified "trash, brush and debris" as a priority issue. Consequently, staff has been developing the following options. The first is to reorganize the Collection Division of the Solid Waste Services Department by separating brush and debris collection from garbage collection, which is included in the current budget. The second option is to set a defined brush collection schedule. If the current eight-week schedule is maintained, it would not cost any additional monies; however, if the schedule is shortened to six weeks it would cost an additional $245,000 per year, and a once -a -month collection would cost an additional $475,000 per year. Mr. Gericke said the third option is to revise the Solid Waste Services ordinance by defining the time period when people can set out certain materials as well as defining the types of materials they can set out, along with certain penalties for violators. The fourth option is to separate the materials for easier collection and maximum diversion. Mr. Garcia said another option is to implement a "buy-back" program, similar to programs in Lubbock and Brownsville. He said it would entail paying people between $1 and $5 for each item that they bring to the landfill. In conjunction with that, if people do not want to bring their debris to the landfill but prefer having city crews pick it up, staff is suggesting that an additional surcharge be added to the monthly bill. For example, there would be a special waste charge of $10 per load to pick up furniture, mattresses, appliances, swing sets, plumbing fixtures, and construction materials; and $5 per tire to pick up tires at a person's residence. Mr. Garcia said staff believes that the combination of those two programs will speed up the brush collection schedule. Mr. Gericke said yet another option is to establish a more "user-friendly" landfill by setting fixed, periodic free residential disposal days. For residents alone (non-commercial customers), the potential revenue loss is $75,000 per year, compared to $1.1 million per year if commercial customers and residents are offered free disposal days. With regard to the buy-back program, staff is anticipating that it will cost $20,000 per buy-back event, with the possibility of holding four events (for one week each time) during the year for a total cost of $80,000 per year. Mr. Garcia noted that the buy-back program may start out slowly, but once people become familiar with it they can prepare for the quarterly events; i.e., organizations can use the events as fundraising activities. Dr. Gonzales said he thought the buy-back program would result in a savings in the long run because it would eliminate the need for an additional crew. He also commented positively about the landfill becoming more "user-friendly." Responding to Mr. Scott, Mr. Garcia said all of the options would require specific Council approval. He said some of them may be adopted as pilot programs. Mr. Colmenero asked about the situation of renters who put out excess debris. Mr. Gericke said the property owner would be the responsible party in that situation; it would be up to the Minutes Regular Council Meeting August 31, 1999 Page 21 property owner to make whatever arrangement he wishes to penalize the renter. Responding to Mr. Garrett, Mr. Lawrence Mikolajczyk, Acting Director of Solid Waste Services, explained that whole tires are sent to Beaumont for disposal; if they are quartered they can be disposed of in the city's landfill for $1 per tire. Mr. Mikolajczyk said staff is considering holding the quarterly household hazardous waste disposal days concurrently with the buy-back events. He also reviewed the status of the brush pick up following Hurricane Bret. Mr. Bob Warren discussed the problem he has with two old trees that were knocked down during the hurricane. If he hires someone to haul the trees away, the commercial hauler will pass on the landfill fee to him. He questioned whether the landfill fee can be temporarily waived until the post -hurricane clean up is completed. Mr. Garcia said that waiving the fee for commercial dumpers for a period of 30 days would result in a revenue loss of about $92,000. Mr. Gericke pointed out that many commercial haulers bring in mixed loads. * * * * * * * * * * * * * Mayor Neal announced the closed sessions, pursuant to Texas Government Code Section 551.071, regarding the following: claim of Robert L. Ashcraft, with possible action related thereto in open session; and legal issues associated with the Mary Rhodes Memorial Pipeline. He said the other scheduled closed session would not be held (regarding the following cases against the City of Corpus Christi et al in the United States District Court for the Southern District of Texas, Corpus Christi Division: William Bussey No. C-99-171, John Betz No. C-99-133, Arnulfo Guerrero, Jr. No. C-99-143, Mark Schauer No. C-99-144, Charles Bartels No. C-99-158, William Livingston No. C- 99-159, Duane Pacheco No. C-99-168, Gilbert Garcia No. C-99-170). The Council went into closed session. The Council returned from closed session. Mayor Neal made the following motion, which was seconded by Council Member Colmenero, and passed as follows: N.-1. M99-313 Motion authorizing the City Manager to settle the claim of Robert L. Ashcraft for $182,500 as negotiated by the city's attorneys. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia said the Texas Department of Minutes Regular Council Meeting August 31, 1999 Page 22 Public Safety Division of Emergency Management will be holding a meeting on September 1s` for city, county and state officials in the 11 counties impacted by Hurricane Bret to explain the disaster programs. He said during the next Council meeting on September 14th, they will have the joint meeting with the Crime Control and Prevention District Board In addition, the Council will discuss reengineering the city's utilities, the ethics ordinance, and the city marshals program. City Secretary Chapa added that there will be a closed session on Municipal Court judges. Mr. Garcia then explained the fire burning at the landfill. He said it appears that a large pile of tire chips spontaneously combusted and thus far the Fire Department has been unsuccessful in bringing the fire under control (although much of the smoke has been suppressed). He said the Environmental Protection Agency (EPA) and the Texas Natural Resource Conservation Commission (TNRCC) have been testing the smoke and the runoff and they concluded that the smoke is non-toxic and non -hazardous; in addition, a containment basin has been placed under the tire chip pile for the runoff. Mr. Garcia said they have utilized the resources of the Fire Department as well as equipment from the airport and the Refinery Terminal Fire Company. He then explained what action they plan to take to control the fire. The City Manager said another issue is when city staff became aware of the potential for a fire on site. He said he learned earlier that day that during a routine inspection of the landfill on August 12`s, TNRCC officials expressed concern about the height of the tire chip pile, which did not meet the guidelines. He said city staffs response was that they planned to use the tire chip material to line the landfill bed within 30 days. Mr. Garcia said the city should have reacted more expeditiously to TNRCC's concern. He said the city will be dealing with the EPA and TNRCC in the aftermath regarding exactly what type of violations occurred. He said his preliminary estimate is that the city's cost could be as high as $200,000 and EPA will have its own costs. Dr. Gonzales said the TNRCC's report on the tire chip pile should have gone to the City Manager. He said he was very concerned about what appeared to be a breakdown in the city's management system, and he likened it to the situation involving the bulge at the Wesley Seale Dam. Dr. Gonzales also expressed concern about the lack of water to fight the fire at the landfill. In reply to Mr. Scott, Mr. Utter said landfills usually do not have large reserves of water; the available water is for drinking and watering grass. He said the new landfill will have containment ponds for watering the final cover and for firefighting. Mr. Utter said some of the water being used to fight the fire is coming from Oso Creek. Dr. Gonzales said he hoped Mr. Garcia will review his team and the system of reporting information to him. Responding to Mr. Colmenero, Mr. Garcia said the money to pay for fighting the fire will come from the city's fund balance, which is intended for such emergencies. He added that they will have a fuller accounting once the fire is under control. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 9:05 p.m. on August 31, 1999.