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HomeMy WebLinkAboutMinutes City Council - 10/30/1984City of Corpu I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of October 2, 1984 thru August 30,.1984 inclusive and having been previously approved by Council action, are by me hereby approved as itemized. October 02, 1984 - Regular Council Meeting October 09, 1984 - Regular Council Meeting October 09, 1984 - Special Council Meeting October 16, 1984 - Regular Council Meeting October 23, 1984 - Regular Council Meeting October 30, 1984 - Regular Council Meeting 61-1-d? t MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 30, 1984 8:00 A.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner ** Council Members: David Berlanga, Sr. City Manager Edward A. Martin Welder Brown City Attorney J. Bruce Aycock Leo Guerrero City Secretary Bill G. Read Dr. Charles W. Kennedy *** Joe McComb Frank Mendez * Mary Pat Slavik Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Welder Brown, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Frank Mendez. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Council Member Welder Brown that the Minutes of the Regular Council Meeting of October 16, 1984 be approved as presented; seconded by Council Member David Berlanga; and passed unanimously. * Council Member Mary Pat Slavik arrived at the meeting at 8:05 a.m. Mayor Jones announced presentations by the Ad Hoc Water Advisory Commission. Mr. Hayden Head, Chairman of the Ad Hoc Water Advisory Commission, addressed the Council and informed them that the Committee Members have been very diligent in attending all meetings. MICROFILMED tes lar Council Meeting October 30, 1984 Page 2 ** Mayor Pro Tem Betty N. Turner arrived at the meeting at 8:07 a.m. Mr. Head presented the Council Members with written recommendations in regard to the water situation. He noted that the amount of water in the two reservoirs, Choke Canyon and Lake Corpus Christi, has increased substantially because of the recent rains and that the City now has available in both approximately twice the amount that they had three weeks ago and they anticipate that within two more weeks, there should be 230,000 acre feet of water in the reservoirs which is almost exactly the amount that the City had one year ago. He expressed the opinion that if no additional rainfall is received before August 1, 1985, which is very unlikely, the City would be assured of water at a rate which can be increased above the present usage if it is supplemented by water from wells now producing and those to be drilled under the well drilling and production program. He stated that by December 1, 1984, the Committee anticipates receiving from wells approximately 25,000,000 gallons per day which they feel will be an adequate supplemental supply for the future. He stressed the fact that it is essential that the City continue to acquire leases and contracts of land in which even more wells could be drilled to produce a total of 60,000,000 gallons per day if necessary. He stated that the Committee is of the opinion that water wells are the most economical method of supplementing the water supply. He informed the Council that the draft of the desalination report had been received and the Committee will provide a report on that after careful study. He stated, however, that there is nothing in it that contradicts their conclusion on well water nor is their conclusion contradicted by the possible purchase of water from Lake Texana which is still under consideration. Mr. Head informed the Council that even though well water costs approximately four times as much as the current cost of water in storage, it is still the most economical method of supplementing our supply. He pointed out that because of the cost of the water wells, they feel that it is essential that additional income be obtained for this and pointed out that water is sold to the people of Corpus Christi cheaper than those of any other cities in Texas and for that reason, they are recommending a restructuring of the rate schedule in order to provide funds to establish the wells. He pointed out that if this occurs and if the City's water rates are restructured, there should be a relaxation, but not removal, of the current restrictions on water use. Mr. Head stated that the Commission had designed the following resolution which they recommend that the City Council adopt: (1) the City should move ahead promptly to complete development and production of 25,000,000 gallons per day of well water and should acquire leases and rights on land for further development and production for a total 60,000,000 gallons per day of well water if and when it should be necessary; (2) Corpus Christi's current water rate should be restructured immediately so that revenue will be sufficient to cover the cost of developing and producing well water and to finance the City's current water system obligations; and (3) they recommend that the Council remove immediately until at least the month of August, 1985, the water allocation and surcharge provisions adopted under the ordinance governing water use. 35 mar Council Meeting October 30, 1984 Page 3 Mr. Head expressed the opinion that the people of Corpus Christi responded very well to the demands imposed by the temporary water shortage and it is their opinion that citizens will continue to respond voluntarily. He stated that there is an additional very important reason for the adoption of this program pointing out that for some reason, the Corpus Christi water shortage has received not only State and National but International attention. He noted that other cities have experienced water shortages without so much publicity, and it will take years for the City to recover from the damage done by this attention. He stated that he felt that by adopting this program, it will demonstrate the City's determination to maintain an adequate water supply. Mayor Jones complimented Mr. Head and his Commission for all of their work and stated that there is no way that the City can repay the members of the Committee for this service to the community. He also expressed appreciation for the report and indicated his concurrence with the recommendations. Council Member Kennedy also expressed appreciation and stated that he agrees with all three points that are recommended. He expressed the opinion, however, that the City should look at the other alternatives. He stated that he felt that the City should assume that this is not the end of this program and he felt that conservation should be encouraged. A motion was made by Council Member Kennedy to endorse the three recommendations made by the Ad Hoc Water Advisory Commission and instruct the Staff to proceed with the preliminary work on the restructuring of the rate schedule and it should be restructured to continue water conservation. *** Council Member Joe McComb arrived at the meeting at 8:15 a.m. during the foregoing presentation. Council Member Kennedy's motion was seconded by Mayor Pro Tem Turner. Council Member Slavik referred to item 2 of the recommendation in which it is recommended that the water rates be restructured and suggested that the small user should be rewarded and the large user penalized. She asked for Mr. Head's opinion of that. Mr. Head stated that he was not sure what she meant by that but he thought that probably somehow, the rate schedule should be structured to encourage the conservation of water. Mr. Head also pointed out that in about two weeks, the City will be at the same stage they were last November and he felt that the allocation and surcharges should be removed and that the Staff has the expertise to provide a rate schedule that the Council could examine and consider adopting. He also noted that the citizens could be forced to go back to the allocation method if conservation method is not continued and stated that he wanted to stress this point. es _ar Council Meeting October 30, 1984 Page 4 Council Member McComb stated he agreed with the recommendation of the Committee and he commended them for their work. He referred to item 3 and stated that he has some reservations about removing the water allocation and surcharge provisions because most people that he has discussed this with have suggested that the allocation not be withdrawn too quickly. He reminded the Council that the voluntary program did not work well at all and he was apprehensive that if the allocation system is removed, people will no longer conserve water. He suggested continuing the program a little longer because of this fact. Mr. Head stated that they had discussed that possibility and they are of the opinion that it is highly unlikely that the City will reach the level where the allocation system will be necessary. He pointed out that if the City develops enough wells to produce 25,000,000 gallons a day, an adequate supplement should be available. He also expressed the opinion that without the removal of the allocation and surcharges, it will be difficult for the citizens to accept a rate restructure. Council Member Guerrero inquired about the difficulty in removing the allocation system and then starting it again, and City Manager Martin replied that it will involve a great deal of work even though the system is in place. He stated that it would be very difficult to go back and forth every few months because a lot of lead time is required even though the system is in operation. Council Member Guerrero inquired as to how quickly the City could go off the allocation system, and City Manager Martin assured him that it could be done as early as 9 o'clock this morning even though it might be necessary to cancel the current billing cycle so that no one in the City would have more than one allocation and surcharge period. He pointed out that if it is cancelled now, the allocation surcharge system will only have been in effect for one cycle period for all citizens. City Manager Martin referred to the restructuring of the rates and stated that that could be designed very carefully and informed the Council that the Staff would like to present from five to seven alternatives of restructuring and the Council can make the decision as to which should be placed in effect. Council Member Mendez also commended the Water Commission and stated that he felt that they needed to continue to drill the wells, but in regard to the rate structure, he felt that they need to examine all the alternatives and basically be concerned about the low-income users because they are the people who can least afford a rate increase. He suggested that the Staff might consider those who use 2,000 gallons or less and possibly not increase their rates. Mayor Pro Tem Turner expressed the opinion that it is very nice to know that there are many things this Council is unanimous on and one is their collective appreciation for Mr. Head and his report and resolution. She agreed es sar Council Meeting October 30, 1984 Page 5 that it is very unfortunate that the water shortage in Corpus Christi has had so much publicity but she felt that it was important that the same publicity be afforded the City's efforts to resolve the water shortage. She stated that she is concerned, though, that people may become complacent about the water situation and noted that the problem does still exist. She, too, suggested that possibly they should wait until later before removing the allocation restriction. Mr. Head pointed out that obviously there has to come a time when the City removes the allocation restriction, either because of excessive rains or when a supplemental supply is available, and the Committee feels that that time has come. He expressed the opinion that with the water in storage and the anticipated production from water wells, there will be enough water to go into 1987. He stated that he felt that everything would work out very well as long as conservation is encouraged. Mayor Pro Tem Turner then noted that the Committee recommends that the City move forward to obtain leases and rights to drill wells, but the Committee does not recommend that the wells should be drilled at this time, and Mr. Head stated that that is correct. City Manager Martin stated that producing wells could be drilled and be in operation within two months. Mayor Pro Tem Turner inquired about the possibility of water purchases from Lake Texana, and Mr. Head explained that the application for the Water Authority to give us the temporary permit would be heard by the Texas Department of Water Resources by November 1st. He explained that this action may be protested by environmentalists because they want the water released into the Bay and there is no way of knowing the outcome of that hearing. He also reiterated that well water is much cheaper than any other source. Council Member Berlanga expressed the opinion that the entire package presented by the Water Commission is excellent but the thing that he is concerned about is the No. 2 item which refers to the rate restructure. He expressed the opinion that the Council should do this as soon as possible but he also felt that consideration should be given to income levels according to the Section 8 guidelines because those citizens should not have a water rate increase. He referred also to item no. 3 and stated that he has reservations at the present time about removing the surcharges. He suggested that they be left in effect at this time and gradually removed. Council Member Berlanga then made a motion to first consider the restructuring of the water rates and he would approve everything but No. 3 until a good solution has been made in regard to the rate restructuring. :es Jar Council Meeting October 30, 1984 Page 6 Mayor Jones urged Mr. Berlanga to vote in favor of this so that the Council could be unanimous in adopting these recommendations. He pointed out how important it is that this be approved by all of the Council Members, particularly in view of the fact that the City is pursuing the homeporting of the battleship for this area and it would be in the City's favor to be able to assure the Navy that we have resolved the water problem. A motion was made by Council Member Berlanga to delay the implementation of recommendation No. 3 for one month; seconded by Council Member Mendez. Council Member Brown complimented Mr. Head for his work on the Commission and expressed the opinion that their resolution should be supported wholeheartedly. He stated that he felt that the citizens have become conscious of how precious our water supply is and he did not think they will ever waste water again. He stated that he agreed with the entire resolution. Mr. Head commented on the proposed amendment to the resolution and again expressed the opinion that the allocation and surcharges should be released because the City will have an additional 25,000,000 gallons a day in well water, but this has to be paid for and he felt that it all ties in together and should be approved as a part of the motion. Council Member Kennedy expressed the opinion that all three do go together because the psychological advantage of removing the allocation is essential so that the citizens, the State and the Nation will know that the City is solving the water shortage. He urged that action be taken on this today before the Navy representatives are in the City. Council Member Mendez also agreed that the three recommendations are related, particularly if the rates are going to be restructured. He pointed out that delaying one month will not serve any purpose and people should be made aware that if they do not conserve water, the allocation system will have to be reinstated. Mayor Pro Tem Turner pointed out that people forget that there is a water problem and it is essential that everyone continue to conserve. She suggested that a monitoring system on a month-to-month basis be initiated, and Mr. Head assured the Council that his Committee would continue to monitor the water supply. City Manager Martin referred to Council Member Berlangass comment in regard to the water seepage and he assured the Council that the City is monitoring both Choke Canyon and Lake Corpus Christi very closely and they have checked on the seepage at Choke Canyon and have found that there has not been any. After further discussion, Council Member Berlanga withdrew his motion to amend the resolution as it pertains to item 3, and Council Member Mendez withdrew his second to the motion. es lar Council Meeting October 30, 1984 Page 7 Council Member Mendez then referred to the restructuring of the rates and requested that the City Manager inform the Council about the total cost of the wells that have been drilled up until this time and how much the cost will be for the additional wells. City Manager Martin stated that he would like to have this on the Workshop Agenda for the next week to provide that type of data and specifics in regard to the amounts spent and the amount that will be needed. He pointed out that this action also affects twelve to fifteen cities as well who obtain their water from Corpus Christi, pointing out that they will be affected in the same way. Council Member Guerrero pointed out that the effluent could still be used for building industry and other uses and that should be taken into consideration when the Council is studying the restructure of the rate schedule. Mayor Jones then called for comments from the audience on Consent Motion No. 1. 1. Approving recommendations of the Ad Hoc Water Advisory Commission, in regards to water programs and water development projects. Mrs. Debbie Hunt, 4135 Crenshaw, inquired about the meaning of removing the water allocation system and inquired if that meant that people would be allowed to water lawns. Mayor Jones replied that it would not because the same restrictions will still be in effect as it pertains to watering lawns and plants in that plants could be still be watered on certain days during certain hours and citizens will be able to obtain permits for watering at the time new lawns are installed. Mrs. Hunt urged that the Council consider reducing the restrictions to allow people to use water as they desired. She stated that she is speaking on behalf of the Greens Industry and referred to the Coca-Cola Bottling Company and the concern the City Council had because of their being forced to lay off fourteen people. She questioned why the Council has not been concerned about the unemployment in the Greens Industry which has resulted in the lay off of many more people than those affected by the Coca-Cola Bottling Company. She urged again that people be allowed to use their allocation as they desire. Mr. Herman Johnson, President of the Greens Association, referred to the statement that the City Manager had made to the effect that 25,000,000 gallons of water are being produced from wells and the lake is basically full. He objected to the restriction of watering lawns when the lake is full. Mayor Jones stated that he did not think the Council should consider allowing lawn watering at this time. BS _ mar Council Meeting October 30, 1984 Page 8 Mr. Johnson then inquired as to what point the Council would relieve that restriction. City Manager Martin stated that the lake is not 100%; both lakes combined would be about equal to Lake Corpus Christi being 85% full; and if Lake Corpus Christi was 100% full, he would recommend that citizens be allowed some type of lawn watering but he did not feel comfortable in recommending that at this time. Mayor Jones called for the vote on the motion to approve the recommendations of the Ad Hoc Water Advisory Commission and it passed unanimously. City Manager Martin explained that that meant that surcharge bills on the second billing cycle. Mayor Jones requested that Mr. Head inform the Council all of the Members of the Ad Hoc Water Advisory Commission that the following members had participated in this study: there would be no and the audience of and Mr. Head stated Judge Allen Wood, Mr. Gene Dressen, Mr. William R. "Dusty" Durrill, Mr. Richard King III, Mr. W. R. Edwards, Mr. Jerry Ehrman, Mr. Charles E. Jacobs, Mr. George S. Hawn, Jr., Mr. Tony Canales, and Mr. Allan Shifley Mayor Jones called for consideration of the other Consent Motions as follows: 2. Bids be received November 21, 1984, for 71 vehicles as follows: 33 police sedans, 12 other vehicles for police, 2 station wagons and 24 standard sedans. 3. Bids be received November 21, 1984, for a twelve months supply agreement, with option to extend for an additional twelve months at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for liquid chlorine, delivered in one ton cylinders, to be used for water and wastewater treatment. 4. Approving a twelve months supply agreement, with option to extend for an additional twelve months at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for liquid chlorine delivered in tank cars to the water treatment plant to Dixie Petro -Chem, Inc., for the estimated total price of $83,380, based on only bid. Council Member Slavik stated that she was not present at the time the Minutes were approved and she would like to make a correction on page 6 of the Minutes of October 16, 1984 and asked that the name Council Member Slavik be substituted for Council Member Mendez in regard to the terms of the appointments to the Marina Board. :es _._ ,.filar Council Meeting October 30, 1984 Page 9 5. Approving a twelve months supply agreement, with option to extend for an additional twelve (12) months, at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for flashlights, lanterns, batteries and bulbs, to be stored by the Warehouse and used by various city divisions, to Briggs Weaver, for an estimated annual amount of $6,741.68. Prices have increased an average of approximately 4.2% from last contract of August, 1983. Rejecting bids received for "Double D" flashlight batteries and authorize new bids be received November 14, 1984 for twelve months supply agreement, with option to extend for an additional twelve months, at the same terms and conditicns, subject to the approval of the supplier and the City Manager, or his designee, for approximately 28,000 standard Size D flashlight batteries. Estimated expenditure $6,336. The convenience of a "Double D" flashlight battery does not warrant the 71% price increase over two standard batteries. 6. Authorizing the City Manager cr his designee to submit an application for financial assistance to the State of Texas Parks and Wildlife Department, for aid in reimbursement to the City for maintenance services provided by Nueces County on the City of Corpus Christi public beach at Padre Island, certifying the eligibility of the City of Corpus Christi to receive financial assistance, designating the City Manager as responsible officer and designating the Finance Director as fiscal officer. 7. A contract in the amount of $24,700 be awarded to Mendez Construction Company for General Construction (slab, utilities, paving) for the Maintenance Services Building project. Should the Mendez firm; however, decline to accept the award, then a contract be awarded to A-1 General Contractors in the amount of $30,800. An award for this work was made to Hunt Construction Company on October 18, 1984, but this firm did not accept the award and forfeited their 5% bid security. The Mendez firm is the second low bidder and the A-1 firm is the third low bidder on this project, for which seven bids were submitted. 8. A ccntract for the City Hall Annex Roof Repairs be awarded to L & M Metal Fabricators, Inc in the amount of $16,120. Funding from the General Fund Reserve is recommended, and as such, a separate appropriation is not required. 9. The following actions be taken on the Minor Storm Sewer Improvements, Phase I project: a. The contractor be granted a 4 -day time extension against a 48 day time overrun due to additional work added by change order and that he be charged liquidated damages for the remaining 44 days at the rate of $100 per day for a total of $4,400. es Lar Council Meeting October 30, 1984 Page 10 b. The project be accepted and final payment of $24,989.03 be authorized to Ibanez Construction Company. The total cost of this 1982 bond project is $190,295.94. (Attachment #4) 10. (1) Accept the Airport Development Plan as prepared by Ralph Burke & Associates with the following limitations: (a) Primary runway development in the northwest/southeast configuration. (b) Concourse extensions be made in accordance with a pier level concept, but in linear extension. (c) Land acquisition program to include only the area needed for implementation of the northwest/southeast orientation. (2) Approve the consolidation of projects in the 1984-85 Capital Improvement Program in order to have continuity in design and minimize construction costs. (3) Authorize Staff to reevaluate the projects including funding both local and Federal and prepare funding alternatives implementing the program including increased scope of concourse pier level concept. 11. The undesignated holiday for fiscal year 1984-85 provided for in the Compensation Plan be declared Monday, December 24, 1984. 12. Bid invitation for a twelve months supply agreement with option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for Street Construction Materials, be canceled. Specifications are being re -written and a new bid invitation prepared. Council Member Kennedy referred to Item 7 and inquired if there is anything else that can be done to try to prevent this situation of not being sure which bidder should be awarded a contract. City Manager Martin explained that this type of action will have a self-correcting effect which informs the bidders that they must submit accurate bids and if they do not, this is the proper procedure to follow. Council Member Slavik referred to Item No. 12 and inquired if the November 7th bid date for street materials has been cancelled, and City Manager Martin replied that it has been. He explained that they have had a great deal of correspondence with representatives of Berry, Incorporated as well as a meeting in his office. He expressed the opinion that the Staff should regroup and deal with some of the issues that everyone agrees on and that the specifications :s _ar Council Meeting October 30, 1984 Page 11 should be rewritten. He stated that they will allow for equal alternatives and try to come to the Council with a reason for a recommendation. He stated that he felt that this would settle the single source problem. Council Member Slavik inquired if this would resolve Mr. Berry's problem and the City Manager indicated that he hoped that it would. Council Member Mendez stated that he felt sure that the Berry's will be in touch with the Staff in regard to the new specifications. He stated that he felt that this would be a good solution and provide everyone with an equal opportunity to bid. City Manager Martin referred to Item 11 and informed the Council that a survey was conducted among the employees of the City and an excellent response was received from 1,800 employees out of a possible 3,000. City Manager Martin referred to the special posting on the resolution pertaining to the transfer of water from Lake Texana to Lake Corpus Christi and stated that it can be considered during the portion of the agenda pertaining to Consent Ordinances. Mayor Jones called for comments from the audience on Items 2 through 12 and there was no response. A motion was made by Mayor Pro Tem Turner that the Consent Motions 2 through 12 be approved, seconded by Council Member Berlanga and passed unanimously. * * * * * * * * Mayor Jones informed the Council that Mr. Tony Bonilla would like to comment in regard to Ordinance No. 25 which pertains to a resolution in regard to the 1554 shipwreck collection of artifacts to be on exhibit at an appropriate building in Flour Bluff. He requested that the Council consent to hear Mr. Bonilla since he has to appear in Court in a short time. Mr. Tony Bonilla spoke in opposition to the proposed resolution that authorizes having some of the artifacts on display in Flour Bluff. He expressed the opinion that this is a priceless collection and if the Council agrees to approve this, they will place themselves in a position of having to do the same thing for various areas of the City such as Annaville, Corpus Christi Beach, etc. and very soon, they will be in a position of requiring the taxpayers to support all of these types of exhibits. He expressed the opinion that the Corpus Christi Museum is a fine facility and it compares favorably with museums in other cities of this size. He stated that he had noted that two programs have had to be eliminated from the Corpus Christi Museum schedule and there is a need to employ an archeologist to take care of the shipwreck artifacts. He questioned how the City Council could even consider allowing a specific area of BS ,_lar Council Meeting October 30, 1984 Page 12 the City to have these very important artifacts and stated that he felt that the artifacts should be displayed in a central location which would be convenient for citizens and tourists as well. He urged that this valuable discovery not be divided to allow for display in the Flour Bluff area. Discussion followed as to whether this item should be considered at this time and Council Member McComb suggested that any final discussion be considered later because people in favor of this might not be present. Mayor Jones then called for the consideration of the Consent Ordinances on items 13 through 19 with the addition of the resolution on Texana Lake posted as a supplemental item. Council Member Slavik referred to Ordinance No. 13 awarding a contract to J. D. Construction and Refinery Maintenance, Inc. for the improvements to the Broadway Wastewater Treatment Plant. Mrs. Slavik inquired if this would continue to improve this plant and stated that Swantner & Gordon Insurance Agency had reported to her that they had some sewer gas in their building. She inquired if these improvements would have anything to do with that problem. Assistant City Manager Lontos stated that it does not have anything to do with that. He stated that he was not aware of the problem at Swantner & Gordon but that he will investigate and report to the Council. Council Member Slavik then referred to Ordinance No. 14 authorizing acquisition of a parcel of land for the Purdue Road Street Improvements, Phase II project and inquired about the target date for the start of this project. Mr. Lontos replied that this is a 1985 project; there are still additional parcels to be acquired; and he will provide that information later. Council Member Slavik referred to Ordinance No. 18 which is the first reading authorizing a contract for the annexation of a 27 -acre tract of land out of Section 6 of Flour Bluff & Encinal Farm & Garden Tracts and asked to see a transparency showing the location of this. Mr. Larry Wenger, Director of Planning, pointed out the location which is near Yorktown and Everhart; he stated that this has been prezoned for "B-4" and "AB" uses; and it will not be residential at all. He informed Mrs. Slavik that the public hearing on this annexation was conducted on October 23, 1984. Council Member Kennedy referred to Ordinance No. 19 which is the second reading amending the Code of Ordinances to eliminate the requirement of identification cards for people soliciting funds for charitable purposes. He asked why this was being amended. City Secretary Read explained that the use for identification cards would he so burdensome it would be almost impossible for everyone who was soliciting funds to have a card. He explained further that the City's ordinance was based es _ar Council Meeting October 30, 1984 Page 13 on Houston's ordinance and they found, that the requirement for identification was so burdensome that they removed this requirement after two months of its being in effect. Council Member Kennedy questioned eliminating this requirement because he felt that it was very important for citizens to know that the people collecting funds have a legitimate reason for doing so. City Secretary Read explained that the City has the registration requirement in effect still and if anyone wishes to know if there is a legitimate reason for people to collect funds, they can call the City Secretary's Office to see if the organization has registered as required by the ordinance. Council Member Kennedy again stated that he would like to have the Staff consider some other means of identifying people who have registered. Mr. Read continued his explanation by stating that the permits are not required but groups are required to register in his office and a Certification of Registration is issued to the organization conducting a fund-raising event. He stated that they could reproduce that certificate and provide copies for each person soliciting. He stated that there is a five dollar registration fee. City Manager Martin further explained that registration of these organizations is required but the City cannot require them to have a permit. He pointed out that it was very difficult to require that all groups such as Girl Scouts, Boy Scouts, school organizations, etc. be required to have a document with them because they are children and who have a tendency to lose such documentation. He stated that there would be no way for the City to enforce such a requirement. Council Member Berlanga expressed the opinion that the City should require some type of registration for anyone who does business in the City. He related an incident that had occurred with a citizen which had been reported to him in that someone approached the citizen offering to build a fence and required a $200 deposit, following which he did not return to build the fence. City Secretary Read informed the Council that the Legal Department is working on an ordinance at this time to require permits for anyone who is conducting business in the City. Mayor Jones pointed out that there is a possibility of prohibiting the free enterprise system and mentioned that the City can just do so much to protect citizens from a dishonest solicitor. Mayor Jones recognized fourth grade classes from Flour Bluff who were present in the audience. es _._..lar Council Meeting October 30, 1984 Page 14 Council Member McComb also referred to Ordinance No. 19 and inquired if PTA groups are required to register and Mr. Read replied that they are. Mayor Jones called for comments from the audience on Ordinances No. 13 through 19 and the resolution which was posted as an emergency item. Mrs. Oscar Bocock, 1258 Devon, referred to Ordinance No. 19 and related an incident of children selling cookies or candy for an unreasonable sum of money. She stated that she would like to see some type of permit required for this type of sale. Council Member Kennedy made a motion that item 19 be withdrawn and referred back to the Solicitation Commission for further consideration; seconded by Council Member Slavik; and passed unanimously. Mayor Jones called for comments from the audience on the Consent Ordinances. Mrs. Bettie Wittner, a resident of Flour Bluff, referred to Ordinance No. 14 and inquired as to why the City purchases some parcels of land and others they condemn and take from the property owner. Mayor Jones explained that the dedication of right-of-way is included in the platting procedures and in this area, not enough land was dedicated to provide for the street. Assistant City Manager Tom Utter further explained to Mrs. Wittner that on some of her land additional dedication could have been required if the property had been replatted. He explained that when replatting occurs, sometimes the needs for the streets have changed and additional land has to be dedicated for street right-of-way. He stated that in the case of the property on Purdue Road, the property was not replatted and therefore, the City is placed in a position of having to purchase additional street right-of-way. There were no further comments on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 13. ORDINANCE NO. 18535: AUTHORIZING THE EXECUTION OF A CONTRACT WITH J. D. CONSTRUCTION AND REFINERY MAINTENANCE, INC., PROVIDING FOR THE RESTORATION OF CLARIFIER SLUDGE LINES, SECURITY FENCING, AND INSTALLATION OF A FLOW METER AT THE BROADWAY WASTEWATER TREATMENT PLANT; APPROPRIATING $95,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". tes „alar Council Meeting October 30, 1984 Page 15 14. ORDINANCE NO. 18536: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 22 IN CONNECTION WITH THE PURDUE ROAD STREET IMPROVEMENTS, PHASE II PROJECT; APPROPRIATING $700; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 15. ORDINANCE NO. 18537: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ANTONIO RODRIGUEZ BY GRANTING A SPECIAL COUNCIL PERMIT FOR THREE RESIDENTIAL UNITS TO BE CONNECTED BY A COMMON ROOF AND A CARPORT ON LOT 3, BLOCK 5, C. A. MEULY'S ADDITION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 16. ORDINANCE NO. 18538: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF LEBASYR HERITAGE SOCIETY BY GRANTING A REVISED SPECIAL COUNCIL PERMIT ON LOT 2, DIRKSEN TRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 17. FIRST READING: AUTHORIZING A LEASE AGREEMENT WITH THE SEAMEN'S CENTER FOR A PORTION OF THE PARK AND RECREATION BUILDING. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 18. FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND TRISTAR DEVELOPMENT, INC., FOR THE ANNEXATION OF APPROXIMATELY 27.052 ACRES OF LAND BEING A PORTION OUT OF LOTS 15 AND 16, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. tes liar Council Meeting October 30, 1984 Page 16 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 19. (This ordinance was withdrawn -- See page 14) 20. RESOLUTION NO. 18539: URGING THE TEXAS WATER COMMISSION TO AUTHORIZE THE INTER -BASIN TRANSFER OF WATER FROM LAKE TEXANA TO CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". Mayor Jones called for consideration of Action by Motion from the Regular Agenda on the following items: 20. Consideration of a proposal for establishment of a Gas Assistance Program. Council Member Berlanga expressed the opinion that this is a good program and reminded the Council that he had brought this matter to their attention about ten months ago but no action was taken. He stated that he was glad that Council Member Guerrero had worked on this in order to provide some assistance for low income residents. Council Member Slavik referred to the fact that there are already four large organizations providing assistance for low income families on the utility bills and inquired as to why the City should become involved in this. She inquired if this is just a political move by the City. City Manager Martin explained that this is the Council leading in the effort to adequately fund these agencies. He stated that typically, there is not enough money to deal with all of the people who need assistance to pay their high gas bills and the City is planning to conduct an advertising program, request private donations for this program and also make gas users aware of the possibility of averaging their bills over the entire year. He explained further that the City will prepare information brochures on this and various Council Members will lead the effort to obtain funds from private sources. Ms. Alicia Perez, Assistant to the City Manager, explained that the Nueces County Community Action Agency very quickly depletes the funds for the purpose of assisting gas users to pay their utility bills and there is a need for additional funds. ites alar Council Meeting October 30, 1984 Page 17 Council Member Mendez stated that he thought that besides the impact of the Council Members requesting funds, it might be possible to expand this program. He explained that in Houston, Texas, the utility bills have a note asking if citizens would care to pay an extra one dollar to help pay the high utility bills for the low income citizens and it has seemed to be very successful. Council Member Guerrero further explained that this program is based on that of the City of San Antonio which has a project called, "WARM". He stated that in less than two years they have raised $4 million because they have many contributors from large companies and also other citizens. He explained that this program will assist the low income, elderly, handicapped and those eligible according to Section 8 income levels. Council Member McComb suggested establishing a fund that could be administered by which people would contribute and the interest earnings could be used for assistance for the low income group which might eliminate the necessity to constantly approach the same organizations each year for donations. City Manager Martin referred to the suggestion that the utility bills include a note requesting a one dollar donation and explained that this would require an entirely different type of billing because the City bills customers for not only gas but water, sewer and garbage collection, and at this point, the utility bills could not handle one dollar donations from customers. Mayor Jones expressed the opinion that forcing the gas consumer to make a contribution would be wrong. City Manager Martin suggested approving this motion which would make the Council statement that the intention is to go ahead with a program along the lines as recommended and in the meantime, the Staff could possibly design a program and consider the possibility of changing the billing notices and an item could be on the agenda for action within about 30 days. Council Member Guerrero stated that in addition to the organizations that assist gas users, United Way has indicated that they would do whatever possible to assist the City in this effort. 21. A waiver request for street dedication and construction in Cayo Place, Lot 6, Block 11, be denied. This 3.5 acre tract of land fronting on Graham Road in the Flour Bluff portion of the City is being platted and the Master Transportation Plan requires that a collector street be reconstructed through this property. 22. Authorize the City Manager to execute a contract with Southwestern Bell to implement an Enhanced 911 Emergency Telephone Number Service in the amount of $39,410, and to authorize advertisement for bids on all other necessary components which require bids as well as the acquisition from existing contracts for other items listed in the attached memo needed to implement the system. tes lar Council Meeting October 30, 1984 Page 18 Council Member Slavik called for a point of order and reminded the Council that a presentation by Mr. James Popp, former General Counsel for the State Property Board, was on the agenda for 10:30 a.m. and suggested that this be considered at this time. Mayor Jones stated that he felt that the item under discussion should be completed first. He pointed out to Mrs. Slavik that frequently, zoning cases are advertised for 3:00 p.m. but are very seldom heard at that time. Council Member Slavik made a motion to discontinue the current discussion and allow for the presentation that was scheduled for 10:30 a.m. The motion was seconded by Council Member Berlanga and failed to pass by the following vote: Berlanga and Slavik voting, "Aye"; Jones, Brown, Kennedy and McComb voting, "No"; Mendez, "not voting"; Turner and Guerrero, "absent at the tine the vote was taken". Council Member Slavik referred to Item 22 and inquired if the City Manager felt that Phase II of this 911 Emergency Telephone Number Service is worth the large expenditure. City Manager Martin stated that he did not know but felt that the capital cost was worth it but questioned whether the $9,000 a month would be worth it. He stated that the Staff is only recommending that Phase I be initiated now. Mr. Al Hyman, Director of Safety and Risk Management, explained to the Council that about eight cities in Texas have the 911 emergency number service. City Manager Martin explained that the 911 number has been in effect for about thirteen years and if it is not working, it is only because it is not being handled properly or poor equipment is being used. Council Member Kennedy expressed the opinion that this should be approved because anything possible that can be done to assist a person in a medical emergency or some other dangerous situation is worth this effort. Mayor Pro Tem Turner commended the City Manager and his Staff for implementing the 911 program and also expressed appreciation to Mrs. Oscar Bocock who had urged adoption of this several years ago. Mayor Jones called for comments from the audience on Item 22. Mrs. Oscar Bocock, 1258 Devon, stated that she had been working in Volunteers in Crime for approximately eleven years and expressed appreciation for the Council considering the possibility of the 911 emergency number. she urged approval of this motion. Mayor Jones then called for comments from the audience on Item 21. tes .lar Council Meeting October 30, 1984 Page 19 Mr. Doug Walthall, Maverick Engineering, representing Mr. Ben Hutsell, referred to Item No. 21 and explained that Mr. Hutsell is a retired gentleman who asked his firm to replat his property for resale. He stated at the time the property was replatted, it was determined that the street requirement had been changed because of the Master Transportation Plan which shows a proposed collector street in this area. He stated that this would require the owner of the property to not only dedicate 3.5 acres of land but would also require him to pay many fees which would take away from the profit he would realize from the sale of his property. He expressed the opinion that if the requirement for the street was waived, Mr. Hutsell could replat the property, sell it and have money on which to live during his retirement. Assistant City Manager Lontos located the subject property on a transparency and noted that the subject tract is between two developed subdivisions. He stated that the Master Plan requires land for a collector street. He referred to Whitman Street which has a cul-de-sac at the end and stated that instead of going to a new street, the Staff was of the opinion that they could combine the existing street by extending it beyond the cul-de-sac to make a collector street which would require a much lesser street dedication. He stated that the Staff recommends approval of this compromise. He stated that some of the homes are already located in that subdivision and platting and development has begun. He stated that the recommendation of the Staff would provide a loop system from Graham Road. Mayor Pro Tem Turner inquired if Cayo Place is partially developed, how the City could change their plans and go in and extend a cul-de-sac to extend to another subdivision. She inquired if the City would have the authority to do this. Mr. Lontos stated that they could if the Council determined that this is what should be done. Assistant City Manager Lontos informed the Council that they could require the dedication according to the alternate suggested by the Staff or they could grant the waiver that the engineering firm has requested on this property. He pointed out that if they grant the request for the waiver, then the Master Transportation Plan would have to be amended. Mayor Pro Tem Turner expressed the opinion that it is unfair to require one property owner, Mr. Hutsell, to pay for all of the right-of-way. Council Member Slavik expressed the opinion that this is a very poor solution. Mayor Jones pointed cut that the Master Transportation Plan just notes that access should go through this area. He inquired if the Council approves the waiver what the results would be on future development in this area. es .Lar Council Meeting October 30, 1984 Page 20 Council Member Mendez indicated his concurrence with Mayor Pro Tem Turner and expressed the opinion that the cost should be borne by all of the property owners. Mr. Walthall informed the Council that the tracts in Oak Harbor Estates, which is adjacent to the subject property, are under the ownership of approximately four people. Mr. Ben Hutsell addressed the Council and pointed to the location of the Oak Harbor Subdivision which was platted in 1979 at which time the Master Plan already contemplated the collector street in this vicinity. He stated that he had purchased the subject tract in 1966 and he did not think any of the property in the area was platted at that time. He explained to the Council that it would be impossible for him to build a street because of the excessive cost of approximately $93,000; he cannot sell the property; but he will have to continue maintenance and pay taxes. He pointed out that the tracts in the area are very large and suggested that the developers of those tracts should provide ingress and egress to their own areas. Mrs. Bettie Wittner appeared in regard to this item and stated that at the Planning Commission Meeting, the entire neighborhood unanimously appeared in opposition to any roads being cut through that property. She suggested that a read be extended down the rear of the Oak Harbor Subdivision which could be paid for by several property owners rather than by two property owners, one of which is an elderly gentleman who is in poor health and needs income during his retirement. She questioned the need for the collector street in this vicinity. Mrs. Fay Graham stated that she also lives in the area, attended the Planning Commission Meeting and after their hearing of this case, everyone was willing to waive the street requirement except Mr. Larry Wenger. Mayor Jones explained that as a City employee, Mr. Wenger has to enforce the ordinances. He also stated that the City does feel that they will need the street in the future. There were no further comments on the motions from the Regular Agenda. A motion was made by Council Member Brown that items 20, 21, and 22 be approved. Council Member McComb inquired if item 21 is approved, if the property owner would have to dedicate the street. City Manager Martin stated that the question is whether the street should be dedicated and whether Mr. Hutsell should pay the cost of installing the street. He stated that the fact that the burden of the installation of the street falls on one parcel instead of two parcels is a legitimate issue, yet one-half of the street being constructed also presents a problem. He suggested .es mar Council Meeting October 30, 1984 Page 21 that the Council consider requiring the street dedication but waiving the cost of the paving of the street. He stated that the Staff feels that the right-of-way should be acquired and in the future, the paving cost could be borne by several property owners. A motion was made by Mayor Pro Tem Turner to amend item 21 to deny the waiver request for the street dedication but that the paving requirement for the street be waived. The motion was seconded by Council Member Slavik and passed unanimously. Mayor Pro Tem Turner seconded the motion to approve items 20, 21, as amended, and 22 and the motion passed unanimously. * * * * * * * * Mayor Jones announced the presentation on the following item: Presentation by Mr. James Popp, former General Counsel for the State Property Board. Mayor Jones suggested that a time limit be established of fifteen minutes for this presentation. Council Member Kennedy expressed the opinion that it is inappropriate to bring this matter up at this time because the Council is limited in the time that they can spend on this meeting. Mayor Jones stated that he felt that this is the wrong way to place items on the agenda, because it places five Council Members in control of the time on items on the agenda and adding items like this should be discussed by all of the Council Members. It was the the consent of the majority of the Council that Mr. Popp be allowed fifteen minutes. Mr. Popp stated that he represents the Corpus Christi Taxpayers' Association and addressed the Council in regard to the allocation of the effective tax rate which he felt is contrary to Article VIII of the Constitution. Mr. Popp referred to the procedures required by the Truth in Taxation Act and stated that if the Council proposes a tax increase greater than 3%, then various steps must be taken and the City Council failed to comply with Steps 2, 3, 4, 5 and 6, particularly in regard to the requirement for public hearings. Mr. Popp displayed before the Council several charts and provided figures on various funds, bonded indebtedness, maintenance and operation requirements, etc. as it pertains to the City's tax rate (a copy of the figures presented by Mr. Popp is attached to the Minutes and considered to be a part thereof). Mr. Popp summarized his presentation by alleging that the 564 per $100 valuation is :es ,lar Council Meeting October 30, 1984 Page 22 in error and the proper tax rate should be 48. He suggested that the effective tax rate should either be reduced to 48 or the City should comply with the requirements according to State Law. He informed the Council that the State Property Tax Board is the entity that they should contact in regard to this and gave the telephone number of this Board as follows: Area Code 512, 473-2661. Mr. Popp stated that he was retained by the Corpus Christi Taxpayers' Association in regard to this matter. Council Member Berlanga stated that he recalled at the time the Council was approving the budget that he asked the City Manager if everything was in order on the effective tax rate and Mr. Martin replied in the affirmative. Mr. Berlanga then asked Mr. Popp if he felt that this was accidental or intentional, and Mr. Popp stated that he had no way of knowing because it is a very difficult calculation. He also reiterated that public hearings are required if the tax rate has been increased more than 3%, and in his opinion, the City of Corpus Christi is in violation of the State Property Tax Code and the State Constitution. Council Member Guerrero suggested that this matter be referred to the Staff for a response. Council Member Mendez reminded the Council that they should keep in mind that this is a matter of litigation and he would like to get this straightened out so that if a mistake was made, it should be resolved. He noted that the Corpus Christi Taxpayers' Association has threatened to take this Court. City Manager Martin expressed the opinion that this is actually a matter of interpretation of the Law and he felt that the Staff could sort out 90% of the problem and discuss it with the City Council. * * * * * * * * Mayor Jones called for consideration of the ordinances from the Regular Agenda on items 23, 24 and 25. City Manager Martin referred to Ordinance No. 23 which provides for the position of an archeologist, grade 23, for the Corpus Christi Museum activity. He stated that this was in accordance with the motion made by the City Council that the Staff begin to hire a Museum employee to work on the artifacts. He stated that he would like to suggest that someone be employed who would be interested on a part-time basis and someone on a full-time basis will be needed in the future for the Spanish artifacts. Council Member McComb expressed the opinion that since the City no longer has a Director of the Museum or an Assistant Director, he felt that this item should be delayed until Mr. Aalbert Heine and Mr. Carroll Williams are replaced. He suggested that possibly money could be spent by assigning some of the functions for the care of the artifacts to the Assistant Museum Director. rtes llar Council Meeting October 30, 1984 Page 23 Council Member Berlanga explained that when he made the recommendation that the archeologist be employed, he meant that a curator was needed to work on the artifacts and he felt that it would be up to the Staff and the Museum Advisory Board to make the decision. Council Member Guerrero stated that he felt that Mr. McComb had a good point when he recommended that a Museum Director be employed who might be an archeologist. He stated that he did not think that this position is an emergency. Council Member Guerrero then referred to Ordinance No. 24 which is the resolution on naming of parks and park facilities. He stated that he would like to recommend amending the resolution to indicate that the Park and Recreation Board should refer their recommendations for naming subdivision parks to the City Council for final approval or rejection. Council Member Guerrero and Council Member Berlanga made other suggestions and Mayor Jones asked that this item be withdrawn until additional information is available. Mayor Jones then referred to Ordinance No. 25 pertaining to the resolution in regard to the 1554 shipwreck collection for exhibit at an appropriate facility in the Flour Bluff area. Mayor Jones expressed the opinion that the City Council can accomplish what the Museum Advisory Board feels is necessary and also allow the Flour Bluff residents to accomplish what they can to raise funds for a facility to house some of the exhibits. Mayor Jones expressed the opinion that the control of this display should remain with the Corpus Christi Museum Director, however. He suggested that possibly, the resolution should be amended to indicate that the main display will be at the Corpus Christi Museum and control of all the artifacts collection, wherever located, will be under the Corpus Christi Museum. Council Member Kennedy stated that he would like to make such a motion to amend the resolution. Council Member McComb expressed the Opinion that before any fund raising effort is started by the people in Flour Bluff, it should be very clear that the City Council is not allowing the Flour Bluff residents to raise the money to construct a building for the display of the artifacts because the City will retain control of the artifacts and it will be maintained and continue to be under the control of the Museum Director. Council Member Guerrero stated because he was of the opinion that fund-raising project is being made provided the artifacts for their mu that he did not understand it that way the Flour Bluff residents feel that the under the assumption that they will be seum. He stated that he would have no es .ar Council Meeting October 30, 1984 Page 24 objection to having the artifacts displayed on a rotating basis but he wanted to be sure that they understand that the artifacts will not be permanently displayed in Flour Bluff. Council Member Slavik agreed that a portion of the artifacts will be made available for the museum in Flour Bluff and she felt that the citizens of Flour Bluff are willing to take this collection on a rotating basis. She reminded the Council that the artifacts are actually owned by the State; Flour Bluff residents need to understand that the Corpus Christi Museum has the responsibility for the artifacts; and the resolution states that they will have a portion of the artifacts housed in Flour Bluff. Mayor Pro Tem Turner stated that the Louis Rawalt collection is here in the City; the Corpus Christi Museum simply does not have the space to display the artifacts; and construction of an exhibit area would require passage of a bond issue. She noted that the Flour Bluff Association would like to attempt to raise the money for a building and she felt that they should be allowed to try to do this. She inquired as to under whose auspices the Flour Bluff Museum would be operated. Mayor Jones explained that the proposed resolution indicates that a portion of the shipwreck collection could be displayed in Flour Bluff. Mr. Gene Gibbs, Vice President of the Museum Advisory Board, stated that they unanimously voted that a bond election should be held to expand the Corpus Christi Museum and they feel that the artifacts should be housed in one location. He stated that they have also discussed the possibility of combining in one building an exhibit from the Navy as well as the Museum of Oriental Cultures. He stated that the cost of the building is not the greatest cost, it is the operation of the facility. He also reminded the Council that the two people who were instrumental in obtaining the artifacts for the City were Mr. Aalbert Heine and Mr. Cecil Burney and he questioned moving the artifacts to an area in Flour Bluff. He stated that they are concerned about what is being proposed in Flour Bluff because he is afraid that it is going to turn into a "tourist -trap" type of situation. He stated that the entire collection is quite valuable and he did not think that it should be divided. He asked that this be delayed or defeated. Mrs. Ruth O'Brien, Secretary of the Museum Advisory Board, stated that she is under the impression that Flour Bluff is asking for an attraction to get people to visit Flour Bluff and increase business in their neighborhood. She noted that there is a great deal of difference in a Museum and a Tourist Information Center and suggested that Flour Bluff have some other type of information center with the Rawalt Collection. She summarized by stating that she felt the entire exhibit should be displayed at the Corpus Christi Museum. She also urged expediency in taking care of the artifacts. tes slar Council Meeting October 30, 1984 Page 25 Mrs. Marie Spears, speaking on behalf of the Flour Bluff Business Association, stated that she was under the impression the preceding Wednesday that all the questions had been answered. She pointed out that there is only one collection from one ship and Flour Bluff is a part of the City and they are just trying to do something to help the visitors to the City. She referred to the discussion about a bond election and reminded the Council that there is a movement to fund an arena and questioned whether the citizens will approve bonds for both large projects. She agreed that there should be a good qualified archeologist in charge of the artifacts and she feels that that person should be a permanent full-time employee. She stated that they have no intention of controlling the artifacts but just want to display them in a good area. She requested that they be allowed to have three months in which to start the fund drive and requested assistance from the Legal Department in regard to the kind of contract they need to have with the City. Mayor Jones stated that the resolution refers to a "portion" of the collection and asked if that was her interpretation. Mrs. Spears stated that if there is a competent curator, she did not think there would be any problem. She did object to the proposed amendment to the resolution. Mayor Pro Tem Turner inquired if they objected to the curator's being an employee of the City working with the Museum Director, and Mrs. Spears indicated that they did not object to that. Council Member Mendez expressed the opinion that it is only fair that the people in Flour Bluff be aware that the Corpus Christi Museum will have control over the collection, according to the amendment to the resolution, and that this resolution just allows for the loan of some of the artifacts. He stated that he wanted to make that very clear, and Mrs. Spears indicated that she understood this. Council Member McComb stated that he has a real concern that this resolution will give the people in Flour Bluff the consent to conduct their fund-raising and he was apprehensive that there would be a tremendous amount of confusion as to just what the resolution means. He suggested that this resolution be sent to the Museum Advisory Board with instructions that they meet with the Flour Bluff group and resolve who will eventually address this issue. He also questioned what will be done with the money in the interim period. Mrs. Spears suggested that the Legal Department be allowed to review the resolution and work out a contract between the City and the Flour Bluff Association. She stated that they did not want to go back to the Museum Advisory Board because they have met with them on this same subject before. rtes alar Council Meeting October 30, 1984 Page 26 Mayor Jones stated that museums; and he sees nothing Flour Bluff Museum. Council Member Kennedy instructions to the Staff to Board. the City wrong with suggested work out has a museum; we cannot afford two loaning some of the artifacts to the that the resolution be passed with the details with the Museum Advisory Mrs. Catalina Martinez, 1309 Sixth Street, referred to a letter she had written to the Council a few days ago. She urged that they designate the proper place for the collection to be stored at the Corpus Christi Museum. She stated that they all should be stored there because she did not think they should be separated. She pointed out what an important exhibit this is which will attract scientists and scholars from all over the world to view the exhibit. She also questioned the financing problem in funding another museum, particularly the operating costs. Mrs. Martinez reiterated that this is one of the most valuable exhibits we have ever had in the City and should be properly displayed in the Corpus Christi Museum. Mayor Jones called for the vote on the motion to amend the proposed resolution as follows: That the main display will be at the Corpus Christi Museum and control of all the artifacts collection wherever located will be under the Corpus Christi Museum. The motion to amend the resolution passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, "absent at the time the vote was taken". City Secretary Read polled the Council for their votes on Ordinances No. 23 and No. 25 and the following ordinances were passed: 23. ORDINANCE NO. 18540: AMENDING ORDINANCE 18378, AS AMENDED, WHICH ADOPTED THE 1984-85 BUDGET TO PROVIDE FOR AN ARCHEOLOGIST, GRADE 23, IN THE CORPUS CHRISTI MUSEUM ACTIVITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brcwn, Kennedy, Mendez and Slavik voting, "Aye"; McComb, "No"; Guerrero, "absent at the time the vote was taken". 24. (This ordinance was withdrawn -- see page 23) :es _Aar Council Meeting October 30, 1984 Page 27 25. ORDINANCE NO. 18541: EXPRESSING THE INTENTION OF THE CITY COUNCIL THAT A PORTION OF THE 1554 SHIPWRECK COLLECTION BE MADE AVAILABLE FCR EXHIBIT AT AN APPROPRIATE FACILITY IN THE FLOUR BLUFF AREA; THAT THE MAIN DISPLAY WILL BE AT THE CORPUS CHRISTI MUSEUM AND CONTROL OF ALL THE ARTIFACTS COLLECTION, WHEREVER LOCATED, WILL BE UNDER THE CORPUS CHRISTI MUSEUM; AND REQUESTING QUARTERLY REPORTS FROM THE GROUP OF CITIZENS KNOWN AS THE AD HOC COMMITTEE FOR A FLOUR BLUFF/PADRE ISLAND TREASURE MUSEUM ON PROGRESS TOWARD RAISING FUNDS FOR SUCH A FACILITY WITHIN ONE YEAR; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, Mendez and Slavik voting, "Aye"; McComb, "No"; Guerrero, "absent at the time the vote was taken". Mayor Jones called for the City Manager's Report. City Manager Martin informed the Council that in their packets recently was the report prepared on the handicapped compliance in accordance with the Revenue Sharing Act. He stated that in that report were a number of implementing steps taken to be sure that the City has their buildings accessible to the handicapped. He referred to the report on the feasibility of desalinization and wastewater reuse for the City of Corpus Christi, Texas and stated that he had provided the Council with a summary of the 2000 -page booklet. He explained that the Ad Hoc Water Commission will be examining the report but he would like to refer to the summary on two items -- desalting of brackish water and sea water are feasible even if they are very expensive. Mayor Pro Tem Turner inquired if the wells are an inexhaustible source, and City Manager Martin replied that it depends on where they are located. He noted that two wells have been drilled in the Lake Corpus Christi areas and he has delayed any more until they have been tested. City Manager Martin reminded the Council of the status of the Water situation. He stated that he would like to emphasize the fact that the conservation of water should be the same as has been in existence for some time, and the only thing changed is that the allocation and surcharges are no longer in effect. Mr. Hal George, Assistant City Attorney, informed the Council that apparently the City is in litigation in regard to the effective tax rate; the case will be heard in May; and the response to Mr. James Popp's allegations will be in a different format from that originally anticipated. * * * * * * * * es gar Council Meeting October 30, 1984 Page 28 Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. P. R. Ochoa, 406 South Brownlee, addressed the Council and stated that the City Council meetings always have new ideas presented. He informed the Council that many years ago, each Council Member had the privilege of recommending a friend to be appointed for City employment in the City but only close relatives of the Council Members were employed. He referred to the fact that Council Member David Berlanga has suggested that the City Manager explain the reason for new positions and salaries for several employees and he objected to the implication that this is an ethnic issue. He stated that a radio anncuncer, Mr. Freguso Gomez who has a radio program entitled "Opinions", had invited Council Member Berlanga to speak in Spanish on his views on salaries; Council Member Berlanga appeared to answer questions; but the telephone number given to the public to call in questions was not functioning at the time. He stated that Mr. Gomez then made derogatory statements about a Council Member who disliked Hispanics. Mr. Craig Smally of Envirocare addressed the Council and expressed the opinion that prohibiting the use of water on lawns has almost ruined the Greens Industry. He stated that the Council, some months ago, indicated that they did not want anybody to lose jobs because of the water shortage, yet a lot of people have lost their jobs because there is a prohibition on lawn and plant watering. City Manager Martin explained that he will recommend that the City go back to some type of alternate day system for lawn watering when the City has in storage water to 272,000 acre feet and water is being produced from wells. Mayor Pro Tem Turner inquired about the rationale for removing the allocation and surcharge system yet continuing all of the water restrictions. City Manager Martin stated that the allocation structure is adversely affecting all of the industries, and secondly, the allocation system for residences should only be used if there are major abuses. He stated that he did feel, however, that the allocation system created a desire on the part of the public to continue to conserve water. Mr. Smally stated that he felt that the water shortage should be shared by everyone. He urged the change in the allocation system which would allow for some watering of lawns. Mayor Jones suggested that if Mr. Smally has some written comments that he wculd like for the Council to have that presented either to the Mayor's Office or the City Secretary's Office by 3:00 p.m. on Friday and they will be delivered to the Council Members that evening. es lar Council Meeting October 30, 1984 Page 29 Mr. Frank Dietz spoke in regard to the same problem and stated that the Greens Industry wants the Council to consider use of the allocation to penalize the people who are abusing the system but that everybody should be allowed to use their allocation any way they desire. There being no further business to come before the Council, on motion by Council Member Berlanga, seconded by Council Member Mendez and passed unanimously, the Regular Council Meeting was adjourned at 1:40 p.m., October 30, 1984. * * * * * * * * * DZ/rr *