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HomeMy WebLinkAboutMinutes City Council - 07/30/1985MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 30, 1985 2:00 p.m. Present Mayor Luther Jones Mayor Pro Tem Dr. Jack Best Council Members: David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong City Manager Edward Martin City Attorney Bruce Aycock City Secretary Armando Chapa Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. the invocation was given by Council Member Linda Strong, following which the Pledge of Allegiance was led by Council Member David Berlanga. City Secretary Armando Chapa called the roll and verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. Mayor Jones recognized the students from Yokosuka, Japan, and stated that they would be introduced later in the meeting. Mayor Jones announced that Springfield, Tennessee was the recipient of the General Motors Saturn Plant. Mayor Jones called on Mr. Jimmy Lyles, President of the Chamber of Commerce. Mr. Lyles announced that Governor Mark White signed a proclamation today allocating $25 million in state money for construction of Corpus Christi Homeport facilities. Mayor Pro Tem Dr. Jack Best asked that the audience join him in a standing ovation for Mr. Lyles' outstanding work in helping obtain Homeport. MICROFILMED Minutes Regular Ccunc11 Meeting Jul:; tn_ 1c85 Page Mayer Jones couanended Mr. Lyles, noting that he and the Chamber of Commerce had performed a job that the elected governing body could not have done. Mr. Lyles stated that the City of Corpus Christi is very fortunate to have Chamber of Commerce that is second to none, and that the Chamber looks forward Lc working with the City towards the reality of Homeport. * * * * * * * * * * * * * Mayor Jones called on Mr. Harry Plomarity, Chairman of the Sister City Committee. Mr. Plomarity introduced the four students from Yokosuka, Japan, Yushio Hirose, Mina Aoki, Kumi Kujima, and Jun Fujisawa. Yushio Hirose stated that he was very happy to visit the City as an exchange student; he anticipated making new friends; and he expressed .=p preciation for the reception the students received upon arrival in Corpus Christi. Mina Aoki stated that she was also very happy to he in Corpus Christi and that she looks forward to learning more about the City. She then presented the Mayor with a letter from the Mavor of Yokosuka, which sent greetings to Corpus Christi and the hopes that the exchange program will enhance westernties with Japan. Mr. Plomarity introduced the host families, Mrs. Beverly Batey, Mr. and Mrs. Richard Berry, Ms. Gretchen Perry, and Mr. and Mrs. Andrew Sewell. He stated that he appreciates the efforts that have been made in making the students feel welcome, and he encouraged the Council to attend the different activities that are planned for the students. Vavor Jones stated that this program is very successful and very important, and complimented the host families. Mayor Jones and Council Member Berlanga presented the students with seagull stickers. Macer Jones administered the Oath of Office to newly appointed members of City boards to the following: Mr. Claude Axel, Park and Recreation Board; Mrs. ticrma Delgado Bouillerce, Private Industry Council; and Ms. Debbie Zepeda, Sister City Committee. * * * * * * * * * * * * * Mayor Jones called on Mr. Phil Nimmo, owner of Grande's Restaurants. inutes Regular Council Meeting July 30, 1985 Page 3 Mr. Nimmo expressed appreciation to Mayor Jones and Council Members David Berlanga, Leo Guerrero, and Frank Mendez who participated in the Celebrity Softball Tournament on Sunday to raise funds for Palmer Drug Abuse Program. He stated that it was a very successful endeavor and PDAP extends their thanks to the Council for participating. Mr. Nimmo then presented a trophy to the team captain, Mr. Johnny Alaniz. Mr. Alaniz stated that it was an honor and a privilege to have the Council participate in the tournament. He then recognized Mrs. Viola Olsen, marketing representative for Grandy's and coordinator of the tournament. Mr. Alaniz presented the trophy to Mayor Jones. * * * * * * * * * * * * * Mayor Jones called for the bid opening on the Parker Park Improvements. City Manager Martin pointed out that a supplemental agenda had been prepared regarding the scheduled bid opening. 1. Changing the date for receipt of bids on the Parker Park Improvement project from July 30, 1985, to August 13, 1985. The change in bid date is recommended to allow the architect sufficient time to notify prospective bidders of equipment specification changes on the project. A motion was made by Council Member Mendez that the foregoing item be approved; seconded by Council Member Mary Pat Slavik; and passed unanimously. Council Member Joe McComb pointed out that the minutes had not been approved. A motion was made by Council Member Guerrero, seconded by Council Member Berlanga, and passed unanimously, that the minutes of the Regular Council. Meeting of July 23, 1985 be approved as presented. Mayor Jones departed the meeting at 2:31 p.m. Mayor Pro Tem Best called for consideration of the Consent Motions on the following: 1. Approving the purchase of two hydraulic power units, two hydraulic paving breakers, two hydraulic post drivers, and two pair of hydraulic hoses to be used by Traffic Engineering Division based on low bid and low bid meeting specifications to the following companies: a. F. W. Gartner Two hydraulic power units (low bid meeting specs.) Two pair of hydraulic hoses (low bid) Total - $5,308.74 Minutes Regular Council Meeting July 30, 1985 Page 4 b. Commercial Body Corporation Two hydraulic paving breakers (low bid) Total - $2,790.00 c. Safway Scaffold Two hydraulic post drivers (low bid meeting specs.) Total - $2,511.60 GRAND TOTAL - $10,610.34 Fifteen bid invitations were issued, five bids were received. These items are included in the 1984-85 budget. 2. Approving the purchase of a 58 hp. diesel engine trenching machine for the Cas Division from Valley Ditch Witch for $27,752 based on best bid. This item is included in the 1984-85 Capital Outlay Budget. 3. Approving the purchase of two electric motor operated valve actuators for Water Division from Control Specialties, Inc., based on best bid for a total of $9,738.75. These units are included in the 1984-85 Capital Outlay Budget. 4. Approving the purchase of 960 gallons of fire fighting foam to be used by the Fire Department based on low bid from Vallen Corporation for $12,000. Twelve bid invitations were issued, eight bids were received. Prices have decreased approximately 8% from last purchase of May 1984. Funds are available in the 1984-85 budget. 5. Authorizing receipt of bids on August 20, 1985, for an oil and gas lease for the minerals underlying the 157.579 acre J. C. Elliott Landfill. The City owns one-half of the minerals but is executive lessor for the entire tract. 6. Approving the award for a truck mounted backhoe for the Water Division from Schmidt Engineering & Equipment Company in the amount of $62,868, based on low bid. This item is included in the 1984-85 Capital Outlay Budget. 7. Approving plans and specifications for the replacement of the existing cooling tower at Memorial Coliseum and for the removal and replacement of insulation in the two Coliseum mechanical rooms and authorizing bids for both projects be received on August 19, 1985. Replacement of the cooling tower is a 1984-85 Revenue Sharing project and is necessary due to the age of the existing cooling tower and problems experienced in past years with maintenance and serviceability. 8. Approving and authorizing a contract with Dr. M. Dee Koch, Psychologist, for psychological services to the Police Department, including counseling of recruits, officers, families of officers, and testing/evaluation/certi- fication of Police applicants. The contract amount is $32,075 with services billed at $25 per hour. 1inutes Regular Council Meeting July 30, 1985 Page 5 9. Authorizing the following actions be taken on the West Oso High School Tennis Court Rehabilitation and Lighting Improvement project: a. The contractor be granted a 29 -day time extension to supplement the 30 working days allotted for this work due to delays beyond the contractor's control in extending electrical service to the new tennis court lighting system. b. The project be accepted and final payment of $22,771.80 he authorized to Black Brothers Construction, Inc. The total cost of this work, which is funded by Park Bond Funds, is $61,704. 10. Authorizing the City Manager to execute an agreement with Cost Care, Inc., to provide tor Pre -Hospitalization Certification Services to the City's self-funded Health Insurance plan. In April, 1985, the City Council authorized the City Manager to execute a similar agreement with health Risk Management Services. However, after a thorough review of the available programs, James Benefits, our Health Insurance Plan Administrators, has recommended a contract with Cost Care. The estimated annual cost of the contract is $40,000, which will be funded from the Insurance Fund. 11. Amending, prior to third reading, the ordinance amending the Animal Control Ordinance to delete deposit requirement and increase impoundment fees, so as to add the impoundment fees for livestock: a. First Impoundment: Livestock weighing less than 100 pounds Livestock weighing more than 100 pounds b. Second and subsequent impoundment within 12 months Livestock weighing less than 100 pounds Livestock weighing more than 100 pounds $ 25.00 50.00 $ 50.00 100.00 The impoundment fees for livestock were approved in January, 1985, by the City Council. When drafting the new fees for impoundment of all animals, the second and subsequent impoundment for livestock was incorrectly shown as $75.00. This amendment will correct this error. Mayor Pro Tem Best called for comments from the audience or the Council. There were none. A motion was made by Council Member Guerrero that Consent Motions 1 through 11 be approved; seconded by Council. Member Mendez; and passed unanimously by those present and voting. * * * * * * * * * * * * * Mayor Pro Tem Best called for consideration of the Consent Ordinances, items 12 through 27. Minutes Regular Council Meeting July 30, 1985 Page 6 Addressing Ordinance 24, increase of speed limit on Everhart Road, Council Member Berlanga stated that he opposes the increase because this portion of Everhart is very congested. Regarding Ordinance 26, increase of permit fees for electrical, building, mechanical, and plumbing, Council Member Strong stated that during the meeting of July 18, the Electrical Advisory Board expressed the need for more inspectors in the Building Division. She stated that if more inspectors were employed, the City's insurance rate would decrease 57. She emphasized her support for the hiring of more inspectors. Mayor Pro Tem Best called for comments from the audience on Consent Ordinance, 12 through 27, and there were none. City Secretary Chapa polled the Council for their vote, and the following were approved: 12. ORDINANCE NO. 18942 AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROVIDING FOR THE CITY'S SHARE OF LIGHTING ANI) FRONTAGE ROAD CONSTRUCTION COSTS ON SOUTH PADRE ISLAND DRIVE (S.H. 358) FROM EAST OF AIRLINE ROAD TO THE OSO BAY BRIDGE; APPROPRIATING $542,327.50 APPLICABLE TO PROJECT NO. 220-85-1.1, SOUTH PADRE ISLAND DRIVE IMPROVEMENTS - FLOUR BLUFF TO AIRLINE ROAD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Jones absent at the time the vote was taken. 13. ORDINANCE NO. 18943 AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROVIDING FOR THE CITY'S SHARE OF CON- STRUCTION COSTS IN THE REMOVAL AND REPLACEMENT OF THE DRAINAGE STRUCTURE IN HIGHWAY 44 AT CLARKWOOD ROAD; APPROPRIATING $175,000 APPLICABLE TO PROJECT NO. 295-85-1, McNORTON AREA DRAINAGE IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Jones absent at the time the vote was taken. 14. ORDINANCE NO. 18944 AUTHORIZING THE AMENDMENT OF AN AGREEMENT WITH FEDERAL AVIATION ADMINISTRATION, NO. DTFA07-83-L-01065, PROVIDING FOR THE ADDITION OF VARIOUS NAVIGATIONAL AIDS FOR RUNWAYS 13-31 AND 17-35 AND OTHER LEASE TERMS REMAINING UNCHANGED EFFECTIVE OCTOBER 1, 1985; ALL AS MORE FULLY DESCRIBED IN THE ATTACHED AGREEMENT MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting July 30, 1985 Page 7 The Charter Rule was suspended and the ordinance passed as Follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Jones absent at the time the vote was taken. 15. ORDINANCE NO. 18945 ACCEPTING THE G01.DSTON ENGINEERING REPORT RECOMMENDING REPAIR OF TWO DIESEL ENGINES; AUTHORIZING GOLDSTON ENGINEERING TO PROCEED WITH PHASE I1 OF ITS PROFESSIONAL SERVICES CONTRACT; APPROPRIATING $5,000 OUT OF THE NO. 295 STORM SEWER BOND FUND, PROVIDING FOR REPAIR PARTS FOR TWO PUMP STATION ENGINES AND SHIPPING CHARGES APPLICABLE TO PROJECT NO. 295-77-2.1, DOWNTOWN PUMP STATION A; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; .Zones absent at the time the vote was taken. 16. ORDINANCE NO. 18946 APPROPRIATING $87,028.04 TO SUPPLEMENT $182,969.56 REMAINING FROM EXISTING CONTINGENCY APPROPRIATIONS 'TO VARIOUS PROJECTS AS SHOWN ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING A REIMBURSEMENT OF $269,997.60 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Jones absent at the time the vote was taken. 17. ORDINANCE NO. 18947 APPROPRIATING $27,199 OUT OF VARIOUS BOND FUNDS FOR REIMBURSEMENT TO THE 102 GENERAL FUND FOR ACCOUNTING AND COLLECTION SERVICES; AND APPROPRIATING $6,842 OUT OF VARIOUS BOND FUNDS FOR EXPENSES 1N CONNECTION WITH THE SALE OF $13,300,000 GENERAL IMPROVEMENT BONDS, ON FEBRUARY 19, 1985; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Jones absent at the time the vote was taken. 18. ORDINANCE NO. 18948 CLOSING AND ABANDONING THE SOUTHERLY 2.5 FEET OF THE 7.5 FOOT WIDE UTILITY EASEMENT ADJACENT TO THE NORTHEASTERLY LOT LINE. OF LOT 15, BLOCK 6, CASTLE PARK UNIT 1, SHOWN BY PLAT IN VOLUME 43, PAGES 158-159, MAP RECORDS, NUECES COUNTY, TEXAS; PROVIDING FOR REPLATTINC; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Jones absent at the time the vote was taken. Minutes Regular Council Meeting July 30, 1985 Page 8 19. FIRST READING AUTHORIZING THE ASSIGNMENT OF THE AIRPORT FOOD CATERING CONCESSION LEASE TO THE ESTATE OF MRS. CARRIE SPARKS AND THE INCLUSION OF A CLAUSE IN THE LEASE FOR THE ADMINISTRATORS OF HER ESTATE TO HAVE THE OPTION TO ASSIGN IT TO ROYAL IN -ELITE CATERING OF SAN ANTONIO, TEXAS. The ordinance was read for the first time and passed to its second reading as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Jones absent at the time the vote was taken. 20. FIRST READING AMENDING CHAPTER 57, VEHICLES FOR HIRE, OF THE CITY CODE BY AMENDING ARTICLE I1, TAXICABS, TO PROVIDE FOR A SEMIANNUAL TAXICAB STREET USE FEE OF $175.00 PER AUTHORIZED VEHICLE, THE SUBLEASING OF TAXICABS BY A CERTIFICATE HOLDER, THE CRITERIA TO DETERMINE PUBLIC CONVENIENCE AND NECESSITY, THE CRITERIA TO BE USED FOR INVESTIGATING APPLICANTS FOR TAXICAB DRIVER PERMITS, PROHIBITING THE MONITORING OF ANOTHER'S RADIO DISPATCH FREQUENCY; AND PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the first time and passed to its second reading as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Jones absent at the time the vote was taken. 21. FIRST READING AMENDING CHAPTER 57, VEHICLES FOR HIRE, OF THE CITY OF ORDINANCES, BY REPEALING SECTION 57-135, FARES --AMOUNTS, AND IN LIEU THEREOF, ADOPTING NEW PROVISIONS FOR SAID SECTION 57-135, BY ESTABLISHING THE TAXICAB RATES HEREINAFTER SET FORTH; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the first time and passed to its second reading as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Jones absent at the time the vote was taken. 22. SECOND READING AMENDING CHAPTER 2, ADMINISTRATION, SECTION 2-151, STEERING COMMITTEE, OF THE CITY CODE OF ORDINANCES TO REDUCE THE NUMBER OF MEMBERS ON THE STEERING COMMITTEE OF THE SISTER CITY COMMITTEE FROM 25 to 15; THAT SAID REDUCTION OCCUR BY ATTRITION AS SET FORTH IN THE ORDINANCE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the second time and passed to its third reading as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Jones absent at the time the vote was taken. Minutes Regular Council. Meeting July 30, 1985 Page 9 23. SECOND READING AMENDING CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, OF THE CODE OF ORDINANCES BY AMENDING SECTION 36-20 THROUGH 36-27 AND SECTIONS 36-90 THROUGH 36-91 TO PROVIDE FOR AN ANNUAL REVIEW OF CHARGES FOR MEMORIAI. COLISEUM AND BAYFRONT PLAZA FACILITIES, EQUIPMENT AND SERVICES, AUTHORIZING THF. CONVENTION CENTER MANAGER TO ADJUST THE SCHEDULE OF CHARGES SUBJECT TO APPROVAL OF THE CITY MANAGER, AND AUTHORIZING THE NEGOTIATION OF CHARGES TO EVENTS WITH SPECIAL OR UNUSUAL NEEDS OR REQUIREMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the second time and passed to its third reading as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Jones absent at the time the vote was taken. 24. SECOND READING AMENDING CHAPTER 53, TRAFFIC, SECTION 53-254, SCHEDULE V - INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the second time and passed to its third reading as follows: Best, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga and Guerrero voting "no"; Jones absent at the time the vote was taken. 25. THIRD READING - ORDINANCE NO. 18955 AMENDING CHAPTER 6, ANIMAL CONTROL, SECTIONS 21, IMPOUNDMENT, AND 22, RABIES VACCINATION, OF THE CITY CODE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE UPON PUBLICATION. The ordinance was read for the third time and passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Jones absent at the time the vote was taken. 26. THIRD READING - ORDINANCE NO. 18949 AMENDING THE BUILDING, ELECTRICAL, MECHANICAL AND PLUMBING CODES BY INCREASING PERMIT FEES APPROXIMATELY 1O% EFFECTIVE AUGUST 1, 1985; ESTABLISHING A SEPARATE SCHEDULE OF FEES REQUIRED BY SAID CODES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. The ordinance was read for the third time and passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Jones absent at the time the vote was taken. 27. THIRD READING - ORDINANCE NO. 18950 AMENDING CHAPTER 33, OFFENSES AND MISCELLANEOUS PROVISIONS, BY ADDING A NEW SECTION 33-22, LOITERING FOR PROSTITUTION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting July 30, 1985 Page 10 The ordinance was read for the third time and passed as follows: best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Jones absent at the time the vote was taken. * * * * * * * * * * * * * * Mayor Pro Tem Best called for consideration of the Regular Motions on the following item: 28. Approving plans and specifications for construction of the new City Bali and authorizing receipt of bids on September 10, 1985. There were no comments from the audience on this motion. A motion was made by Council Member Guerrero that item 28 be approved, seconded by Council Member Pruet, and passed unanimously. 29. Authorizing the City Manager to execute an agreement between the City of Corpus Christi and the Lower Nueces River Water Supply District extending the existing 30 -year water contract through July 31, 1986 by which time the District will have paid off all outstanding District's bonds and turned over all assets of the District to the City of Corpus Christi. Following the repayment of bonds and transfer of assets, the District will dissolve. City Manager Martin explained that item 29 represents the finalization of the Lower Nueces River Water Supply District. There were no comments from the audience on this motion. A motion was made Council Member Pruet; seconded by Council Member Strong, and passed unanimously, that item 29 be approved. * * * * * * * * * * * * * Mayor Pro Tem Best called for consideration of Ordinance 30, adopting and approving the City of Corpus Christi Budget for fiscal year 1985-86. *Mayor Jones arrived at the meeting at 2:39 p.m. City Manager Martin stated that the budget, as presented today, includes changes the Council had requested, and a choice of two options for employees' salary increases. He explained that the salary increases do not necessarily need to be a part of the budget adoption because the Compensation Ordinance will. be amended next week to reflect the Council's decision, but he needs direction from the Council as to which option should be included in the Compensation Ordinance. Council Member Berlanga stated that he did not agree with the manner in which the salary increases were handled last year, and that he feels it is not fair to give the employees a lump sum one-time payment, because this method Minutes Regular Council Meeting July 30, 1985 Page 11 would decrease the employees' contributions to the Texas Municipal Retirement System. Council Member Guerrero suggested that the Council adopt the Budget and discuss the salary increase afterwards. Mayor Jones called for comments from the Council or the audience on ordinance 30, adoption of the budget. There were no comments, and Mayor Jones pointed out that this year's budget maintains the same level of service to the citizens and provides for an increase in street repairs. There were no further comments regarding the budget adoption; City Secretary Chapa polled the Council for their vote; and the following passed: 30. ORDINANCE NO. 18951 ADOPTING AND APPROVING CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 1985, AND ENDING JULY 31, 1986, ACCORDING TO THE CITY CHARTER FOR PURPOSE OF FILING ADOPTED BUDGET WITH COUNTY CLERK UNDER TEXAS BUDGET LAW; APPROPRIATING MONIES FOR SAID BUDGET; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." Speaking in regard to ordinance 31, prescribing the taxes to be levied, assessed and collected by the City, Mr. Martin explained that a policy has been followed that should not be objectionable to anybody; Juan Carza, Director of Finance, had calculated the effective tax rate based on the information from George Moff; he does not agree with the system for calculating the rate, but that method is prescribed by the Property Tax Board; the tax rate is .565c; and the Council could prescribe a higher rate if they desired. Mayor Jones noted that this was the same rate as last year, and that City taxes represent only one-third of an individual's total tax bill. Further discussion followed and it was determined that the rate used last year was a decrease from the year before. Council Member Guerrero inquired of the status of the lawsuit regarding last year's effective tax rate. Mr. Martin stated that the lawsuit is still pending. Council Member Slavik referred to the $46,070 which had been placed in a reserve appropriation, and City Manager Martin explained that the money has been placed in a contingency for the Council. Mr. Fred Pashotti, 1218 Brentwood, referred to an article that was in the Caller -Times regarding the tax rate and its effect on homes. He stated that Minutes Regular Council Meeting July 30, 1985 Page 12 there was an error in the article. He then distributed to the Council calculations that he had performed on a homestead. Mayor Jones stated that the Nueces County Tax Appraisal. District exists for citizens to appeal their appraisal. Mayor Jones explained that Mr. Pashotti's main point in being before the Council was that there is a difference in appraisals on homes. There were no further comments on ordinance 31; City Secretary Chapa polled the Council for their vote; and the ordinance passed as follows: 31. ORDINANCE NO. 18952 PRESCRIBING THE TAXES BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE YEAR 1985 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEARS AS THE SAME MAY BE APPLICABLE; PROVIDING FOR EARLY DISCOUNT PAYMENTS; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Me,..,ez, Pruet, Slavik, and Strong voting "aye." * * * * is * * * * * * * * Mayor Jones called for consideration of employees' salary increase. EMPLOYEE GROUP OPTION I OPTION II Grades 8 - 13 Grades 14 - 22 Grades 23 - 43 Managerial 12/1/85 - 3.57 across the board increase 12/1/85 - 3.0% across the board increase 12/1/85 - 2.257 across the board increase 12/1/85 - 1.757 across the board increase Council Member Frank Mendez affords an opportunity for lower stated grades also important that once the increase is given, permanent wage structure, whereas Option II that he to receive 12/1/85 - One time payment equal to 3.75% of salary 12/1/85 - One time payment equal to 3.25% of salary 12/1/85 - One time payment equal to 2.5% of salary *12/1/85 - One time payment equal to 2.0% of salary (* amended see page 15) preferred Option I because it a higher increase and it is it be made a part of the would be temporary. He Minutes Regular Council Meeting July 30, 1985 Page 13 elaborated that Option I allows for larger contributions to TMRS, which is based on an employee's annual salary. He pointed out that cost of living increased 3.7% and this amount needs to be incorporated into the permanent wage structure. A motion was made by Council Member Mendez that Option 1 he approved, seconded by Council Member Berlanga. Council Member Guerrero inquired if the one-time payment would affect TMRS, and City Manager replied in the affirmative. Mr. Martin stated that both options would increase contributions to TMRS, but that the base pay for each employee would remain the same for next year if a one-time only payment is made. Mayor Jones asked what the difference in cost would he, and City Manager Martin stated that in terms of this year's budget, $1.4 million would be saved if Option I1 is chosen. Council Member Slavik inquired if step increases would still he incor- porated, and Mr. Martin replied in the affirmative. Mr. Martin stated that Option i is traditional; it has a long-term effect because it will affect the base pay; Option II has a quicker impact; and the cost for for either Option is the same in this year's budget. He pointed out that hoth options are an honest approach, but Option II would nut increase costs in future years. Council Member McComb stated that TMRS is based on the amount of contribution, and he felt TMRS would remain the same since it is based on contribution. He stated that he didn't understand how either option could have an adverse effect. City Manager Martin explained that the contributions would be less next year because the base salary in Option II would not change; therefore Option lI adds no cost to the City next year. Council Member McComb stated that from an employer's standpoint, Option Ii would be more advantageous. Council Member Mendez reiterated that it is important that the increase is made a permanent part of the wage structure; i.e., it will be a part of the employee's salary forever, and therefore, the wage structure could continuously grow. Council Member Mendez stated that he felt Option 1, across the hoard increase, was the best option. Minutes Regular Council Meeting July 30, 1985 Page 14 Council Member Berlanga stated that TMRS is based on contributions; the more that is placed in TMRS, the more the employee will receive upon retirement; and Option I. allows for more contributions. Council Member Guerrero pointed out that under Option II the employee would receive a larger percentage; this would also allow a savings of $1.4 million in next year's budget because it would not be made a part of the permanent wage structure; and City Manager Martin agreed with Mr. Guerrero's statements. Council Member Pruet stated that he felt employees would benefit from the one—time payment because TMRS would he deducted in a larger amount; therefore interest would accrue on this amount. Mr. Pruet stated that the employees would receive a larger percentage under Option II; the City will save $1.4 million in next year's budget; and that the City employees and the taxpayers would benefit. Mayor .Jones stated that he was in favor of Option 1 because the employees will earn more money in the long run. He stated that Option TT is less expensive for the City, but Option I1 would be looked upon as a bonus, not a cost of living raise. Council Member Guerrero suggested that the 2% increase for the managerial group under Option 1I, should be decreased to 1.75%. Council Member Berlanga stated that he did not agree with Mr. Pruet's earlier remark that employees will benefit from Option II. He stated that a lump sum payment is for the employees current salary only; TMRS would increase for that payment only; over a period of years, the percentage of increase under Option I would increase TMRS contributions much more than Option II. Mayor Jones called for the vote on the motion made by Council Member Mendez and seconded by Council Member Berlanga to grant city employees salary increases based on Option T. The motion failed to pass by the following vote: Jones, Berlanga, McComb, and Mendez voting "aye;" Best, Guerrero, Pruet, Slavik, and Strong, voting "no." A motion was made by Council Member Guerrero that Option lI be approved, with 1.75% increase instead of 2% for the managerial group, seconded by Council Member Slavik. In response to a question posed by Mr. Pruet, Council Member Guerrero stated that management should receive a lesser amount because of the magnitude and flexibility of their salaries. Council Member McComb stated that this would be discriminatory to the management group. Council Member McComb made a motion that Option II be approved as recommended by the City Manager, seconded by Council Member Strong. The motion Minutes Regular Council Meeting July 30, 1985 Page 15 failed to pass by the following vote: Best, Pruet, McComb, and Strong voting "aye;" Jones, Berlanga, Guerrero, Mendez, and Slavik voting "no." Mayor Jones called for the vote on Council Member Guerrero's motion to approve Option II, with the decrease for management personnel from 2% to 1.757, and it passed as follows: Best, Berlanga, Guerrero, Pruet, and Slavik voting "aye"; Jones, McComb, Mendez, and Strong voting "no." Mayor Pro Tem Best stated that he felt the City employees would appreciate the salary increase. Council Member Strong stated that Option 11 will save the City money. Council Member Pruet commended the Council for considering the city employees, and stated that many employees are very deserving of a raise. Council Member Mendez emphasized that this increase would not be made a part of the permanent wage structure, and due to increasing inflation, City employees will fall further behind as a result. He restated his support of Option I. Council Member Guerrero pointed out that at the beginning of the budget process, a cost of living raise was not being considered. He also pointed out that step increases are still available. Council Member McComb stated that the question was not whether to give a pay increase, but the methodology. He stated that he did not agree with decreasing management's percentage. Council Member Berlanga stated that only Option I benefits the employees. Council Member Slavik stated that the Council could have chosen not to give a pay increase, but she feels that the City has very good employees who are deserving of a pay increase. Mayor Jones stated that this had been a very good discussion, which was argued on the merits of the case. Council Member Mendez requested clarification on the motion that was approved, and City Manager Martin stated that grades 8-13 would receive one—time payment on 12/1/85 equal to 3.75% of salary; grades 14-22 would receive one—time payment on 12/1/85 equal to 3.257 of salary; and grades 23-43 would receive one—time payment on 12/1/85 equal to 2.5% of salary; and the managerial group would receive one—time payment on 12/1/85 equal to 1.757 of salary. City Manager Martin stated that this decision would be in the form of an amendment to the Compensation Ordinance next week, and that the basic pay scale would remain the same for employees. * * * * * * * * * * * * * Minutes Regular Council Meeting July 30, 1985 Page 16 Mayor Jones introduced the Mayor of Three Rivers, Mr. E. L. Evans; Mr. Tom Nance, City Manager of Three Rivers; Mr. Don Mieur, Vice President of Diamond Shamrock; Ms. Kathy Stancheck; Mr. Harry Schultz, Jr. and Mr. Carlos Vargas. City Manager Martin explained that the City of Three Rivers had water rights and federal grants to construct a reservoir on the Frio River below Choke Canyon; rather than duplicate services and spend unnecessary funds, the City of Corpus Christi and the City of Three Rivers entered into a contract whereby the City of Three Rivers would purchase water from Corpus Christi; they will not construct reservoirs on the Frio or Atascosa; they will transfer management and control of its water rights to Corpus Christi; they wi]1 pay operating and maintenance costs of 27. of Choke Canyon Reservoir; and they willmake a one-time payment of $1,750,000. City Manager Nance stated that it was a pleasure to work with the City staff and come to such an agreement on water rights. He gave thanks to Diamond Shamrock Corporation for their commitment of $18 million. Mr. Don Mieur stated that he was also glad a solution could he agreed upon. Mayor Evans then presented a check in the amount of $1,750,000. Mayor Jones announced the public hearing on the following zoning case: 32. Application No. 785-3, Mr. Hilary G. Kunkler: for a change of zoning from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District on Lot 16, Block 3, Flour Bluff Gardens, located on the northwest corner of Waldron and Don Patricio Roads. Assistant City Manager Tom Utter stated that in response to the mailed, 2 were received in favor and 2 were received in opposition. that the Planning Commission and Planning Staff recommend approval. Mr. Larry Wenger, Director of Planning, displayed the area on and land use map, described the land use in the surrounding area, slides of the area. There were no comments from the Council on this zoning case; called for comments from the audience; there were none. 16 notices He stated the zoning and showed Mayor Jones A motion was made by Council Member Pruet that the hearing be seconded by Mayor Pro Tem Best; and passed unanimously. closed; City Secretary Chapa polled the Council for their vote on the ordinance and it passed as follows: Minutes Regular Council Meeting July 30, 1985 Page 17 32. ORDINANCE NO. 18953 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF HILARY G. KUNKLER BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 16, BLOCK 3, FLOUR BLUFF GARDENS FROM "R -IB" ONE -FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Pruet, Sl.avik, and Strong voting "aye"; Guerrero and Mendez absent at the time the vote was taken. * * * * * * * * ;; * * * * 33. RECONSIDERATION OF ZONING CASE. on Application No. 685-11, Bearco Development Company: For a change of zoning from "1--2" Light Industrial District to "T -1C" Mobile Home Subdivision District, being 16.24± acres out of Lot 3, Block 9, J. C. Russell Farm Blocks, located approximately 860 feet east of Navigation Boulevard and 1,100 feet north of Bear Lane. Assistant City Manager Utter stated that this case was before the Council on July 9 at which time it was tabled in order to receive comments from West Oso Independent School District; it was heard again on July 16, at which time the case was denied; on July 23, a motion passed to reconsider the zoning case. He stated that 5 notices were mailed regarding the hearing on July 9, and there were no notices returned in favor or against. He stated that the Planning Commission and staff recommend approval. He informed the Council that the hearing does not need to be reopened. Mayor Jones inquired if West Oso had withdrawn their opposition, and Mr. Utter stated that they had not. Council Member Guerrero stated that the residents are still concerned regarding this zoning change, and this concern was expressed at a meeting held on July 29 at West Oso. Mr. Utter stated that the staff was under the impression that matters had been clarified. Mayor Jones called for comments from the audience in opposition. Mrs. Tony Reynaga, 5020 Green Park, stated she was opposed to the zoning change because conditions that now exist in the area would be aggravated. She asked the Council to protect the value of her property and deny this zoning change request. Mr. Ruben Guerrero, 101 Greenbranch, stated that he was opposed to the zoning change because the area already has problems with traffic, littering, etc.; deed restrictions could not be enforced by the City; therefore, he would have no assurance that the homes placed on the lots would be of an attractive nature. He also stated that he was speaking on behalf of Mr. Gallardo of West Minutes Regular Council Meeting July 30, 1985 Page 18 Oso _SD. Council Member Berlanga stated that the homes to be placed in the subdivison will he of high quality, and this is more desirable than certain "1-2" uses. Mr. Wenger informed the Council on the types et businesses that could be located in "I-2" zoning. Mr. Chuck Urban, Urban Engineering, presented the case for the applicant and stated that the development would be of a quality nature. Mr. Jack Davis, owner of Bearco, stated that he intends to enforce the deed restrictions that will be placed on the lots and that he intends to retain ownership of a majority of the lots. In response to a question by Mrs. Slavik, Mr. Davis stated that he attended the meeting at West Oso ISD; very few questions were asked of him; and only one member of the school board objected to the zoning change. Mrs. Slavik stated that the opposition's concern was the type of trailers, as opposed to manufactured housing. Mrs. Slavik expressed the opinion that a subdivision of this quality would be more desirable than "I-2" uses. Mayor Jones stated that West Oso ISP wants revenue from industrial activity and they do not want any more children in their schools. Council Member McComb stated that the City is spending a considerable amount of funds improving the West Oso area by constructing tennis courts. Council Member McComb questioned the legality of presenting new facts to the Council that were not presented to the Planning Commission. (This statement is included on the zoning application request form) Mayor Jones stated the Council has never prevented a citizen from speaking about a zoning case if they were not present at the Commission's hearing. Council Member Berlanga stated that the citizens are concerned the subdivision will not have manufactured homes as presented in the brochure provided to the Council. Mayor Jones noted that the Council cannot enforce deed restrictions, and Mr. Pruet pointed out that deed restrictions are enforceable by a court of law. Council Member Guerrero stated that the people in the area want to improve their living conditions; they are proud of the industry they do have; they do not believe that the deed restrictions will be enforced; therefore, he will support the residents in the vicinity in opposition to this request. _linutes Regular Council Meeting July 30, 1985 Page 19 Council Member Pruet stated that it would be a mistake to make zoning changes on the dictates of the West Oso ISP, and that this type of housing is needed in Corpus Christi. He stated that because lots are higher priced on the south side of the City, manufactured housing is not located in this particular area of the City. Council Member Guerrero stated that making affordable housing available in only one area of the City, is a form of segregation. He stated that the Council has rejected zoning changes for mobile homes in other areas of the City. Cuuncil Member Mendez stated that the request is only for 16 out of 30 available acres; according to calculations he has made, this subdivision will generate $21,187 in taxable property for West Oso ISP on just this one portion. There were no further comments from the audience. A motion was made by Council Member McComb that the hearing be closed; seconded by Council Member Pruet; and passed unanimously. Council Member Berlanga stated that whatever decision is made, he feels that the zoning change will enhance the vicinity because manufactured homes are very attractive. City Secretary Chapel polled the Council for their vote effecting the zoning change, and the following was passed: ORDINANCE NO. 18954 AMENDING THF ZONING ORDINANCE UPON APPLICATION OF BEARCO DEVELOPMENT COMPANY EY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 3, BLOCK 9, J.C. RUSSELL. FARM BLOCKS, FROM "1-2" LIGHT INDUSTRIAL DISTRICT TO "T -1C" MOBILE HOME. SUBDIVISION DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero voting "no." * * * * * * * * * * * * * Mayor Jones announced consideration of the following item: 34. Consideration of an appeal of the Building Standards .Board order which requires the demolition or repair of the fences and buildings at 3033 South Port. There were no comments from the audience on this appeal, and City Manager Martin stated that the appellant has started demolition of the existing fence and some clean-up, as ordered by the City and he recommends that the Council deny this appeal. Minutes Regular Council Meeting July 30, 1985 Page 20 A motion was made by Mayor Pro Tent Best that the Council deny the appeal regarding demolition or repair of the fences and buildings at 3033 South Port; seconded by Council Member Berlanga, and passed by those present and voting. * * * * * * * * * * * * * There being no report from the City Manager, Mayor Jones called for petitions from the audience. Mr. Raul Castillo, Chairman o1 the Feria de las Flores, requested funding from the City, in exchange for national publicity of the City, to help under- write the costs of the Feria de las Flores event. Mayor Pro Tem Best stated that he had appointed a committee to review this request and as of yet, he has not had a report from the committee. Discussion followed regarding the committee, in-kind services provided by the Tourist Bureau, hotel rooms, etc. It was the consensus of a majority of the Council that the City should not fund scholarship programs and City Manager Martin suggested that possibly the Council could contribute the use of the auditorium since this is a nationally televised event. The Council indicated their concurrence with Mr. Martin's suggestion, and it was decided that an item would be placed on the agenda of August 6, 1985. There being no further business to come before the Council, a motion was made by Council Member Best, seconded by Council Member Mendez and passed unanimously, that the meeting be adjourned at 5:06 p.m., July 30, 1985. /td