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HomeMy WebLinkAboutMinutes City Council - 07/14/1987ion PRESENT MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 14, 1987 2:00 p.m. Mayor Betty Turner Mayor Pro Tem Mary Pat Slavik Council Members: David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Linda Strong 6 City Manager Craig McDowell City Attorney Hal George Assistant City Secretary Dorothy Zahn Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. Assistant City Secretary Zahn called the roll and verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. The invocation was given by Mayor Pro Tem Slavik, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Guerrero. A motion was made by Council Member Berlanga that the Minutes of the Regular Council Meeting of July 7, 1987 be approved; seconded by Council Member Strong and passed unanimously. * * * * * * * * * * * * * Council Member Strong referred to the press conference held prior to the meeting in the Council Chambers announcing the expansion of IRC, Inc. in Corpus Christi. Mrs. Strong gave a brief explanation of the company which will add about fifty jobs to the local work force and welcomed their expansion to the City, as well as a maquiladora concept. * * * * * * * * * * * * * Maydi Turner acknowledged Barry Andrews, President of Andrews Distributing Company, who introduced Lupe Suarez, a championship boxer. Mr. Andrews stated that Lupe Suarez is No. 1 in the U.S. Boxing Association, and that they are working on a championship fight to be nationally televised from Corpus Chrisri MICROFILMED inutes Regular Council Meeting July 14, 1987 Page 2 in about three to four months. Mr. Andrews introduced Mr. Suarez who stated that he would love to fight here in Corpus Christi. Mayor Turner acknowledged Ken Schueste who introduced Ronnie DeLeon, a championship karate kick boxer. Mr. Schueste noted that Ronnie is the best kick boxer in North America, with the exception of the current title holder. Mr. Schueste introduced Mr. DeLeon who expressed appreciation to the Council for their support. * * * * * * * * * * * * * Council Member Berlanga presented Mayor Turner with a plumber's helper on behalf of the Housing Authority, and stated that it is to be used to flush out budget problems. * * * * * * * * * * * * * Mayor Turner administered the Oaths of Office to the following newly appointed Board and Commission members: Nick M. Reyna, Jan Moreno - Private Industry Council; Gloria Gibney, Intergovernmental Commission on Drug and Alcohol Abuse; Theresa 0. Henkel, Animal Control Advisory Board; Roland A. Goertz, Citizens Advisory Health & Welfare Board; and Bryan Barrows, Municipal Arts Commission. * * * * * * * * * * * * * Mayor Turner announced the bid opening on the San Carlos Sanitary Sewer Extension Project. Mr. James K. Lontos, Assistant City Manager, opened the bids on the project from the following firms: Backhoe Lease Service, Inc.; R. S. Black Contractors; Gentry Company; Isles Engineering and Construction; Larson Plumbing & Utility; Perry Construction Co., Inc.; J&B Contractors, Inc. dba South Texas Utility Contractors; and AMH Construction Co. Mr. Lontos verified that all companies submitting bids had also submitted the required security bond and that AMH Construction Co. had submitted a cashiers check in lieu of a bond. Mayor Turner announced the bid opening on the Street Improvement Project for streets in the Gardendale Area, Phase I project. Mr. Lontos opened the bids on the project from the following firms: Haas Paving Company; King Construction Co.; A. Ortiz Construction and Paving, Inc. and Oceanside Asphalt, Inc. Mr. Lontos verified that all companies submitting bids had also submitted the required security bond and acknowledged receipt of the addendum. Mayor Turner announced the bid opening on the Ocean Drive and Alameda Street Traffic Signal Improvement Project. nutes egular Council Meeting July 14, 1987 Page 3 Mr. Lontos opened the bids on the project from the following firms: Vic Huff, Inc.; Fairbairn Electric, Inc. and Traffic Maintenance & Construction. Mr. Lontos verified that all companies submitting bids had also submitted the required security bond. Mayor Turner expressed appreciation to the bidders for submitting bids on the City projects. Council Member Berlanga requested a report from the Staff on the traffic signals which do not have arrows noting that he has been receiving complaints about the signals, stating that they have caused traffic accidents. Council Member Moss inquired about the contract awards for the above projects, and Mr. Lontos explained that the bids are tabled for 48 hours, and they will be brought back to the Council in about two weeks. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 through 8, noting that Items 3, 5, 6, and 8 will be held for further discussion. 1. M87-0256 Approving supply agreements for vehicle and equipment tires and tubes to M.G.S. Tire and Service, Berlin Tire Center, and General Tire Service based on low bid, low bid meeting specifications, and best bid for an estimated annual expenditure of $240,829.25. The terms of these agreements will be twelve months 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. These items are to be used by the Equipment Maintenance Services Department. Funds were approved in the 1986-87 budget. 2. M87-0257 Approving award of a contract for overhaul and repair of a vacuum sewer cleaner truck to Refuse Technology, Inc. for $39,288 on the basis of low bid. Funds were approved in the 1986-87 budget. 3. M87-0258 Approving plans and specifications and authorizing receipt of bids on August 11, 1987, for the Shade Chaparral Beautification project. 4. M87-0259 Accepting the Gollihar Road Water Storage Tank Repair and Painting project; granting the contractor a 12 -day time extension; and authorizing final payment of $19,282.49 to Travis Industrial Painters, Inc. linutes Regular Council Meeting July 14, 1987 Page 4 5. M87-0260 Authorizing the City Manager to execute a contract with the Boy's Club of Corpus Christi, Inc. for the construction of two baseball fields and a soccer field, jogging track and parking facilities approved in the llth and 12th Year Community Development Block Grant Program. 6. M87-0261 Approving Change Order No. 1 in the amount of $12,766.25 to the 1986 Minor Storm Sewer Improvements contract with Backhoe Lease Service, Inc. which provides for the installation of underground conduit and appurtenances to relocate the existing CP&L overhead line to an underground facility. 7. M87-0262 Approving the naming of the youth kickball fields at the Anderson Pit, 4200 block of McArdle Road, to Gerald Smith Kickball Fields, as recommended by the Park and Recreation Board. 8. M87-0263 Authorizing the appointment of an art selection panel to select works of art for the Corpus Christi Library and authorizing $1,500 out of the Permanent Art Trust Fund for the payment of honorarium and travel expenses to the two Arts Professionals on the Art Selection Panel. There were no comments from the audience on Items 1, 2, 4 and 7. A motion was made by Council Member Guerrero to approve Motions 1, 2, 4 and 7; seconded by Council Member Strong and passed unanimously. Mayor Pro Tem Slavik referred to Item No. 3 pertaining to the Shade Chaparral Beautification Project and inquired if any money has been spent on this project other than for plans and specifications, and City Manager McDowell stated there had not been. Mrs. Slavik inquired about the source of the funds, and Mr. McDowell replied the parking meter fund. Mrs. Slavik inquired if there is enough money in this fund for this project and the lights on the bridge, and Mr. McDowell replied in the affirmative. Mrs. Slavik inquired how much money will be left in the fund after this project, and Mr. McDowell replied $20,000. Mrs. Slavik inquired if it would be possible to transfer this money to another project, and Mr. McDowell replied it would be possible, but it would be breaking a commitment that was made to the Junior League about the way this would be handled. Council Member Moss referred to the fact that the Junior League presented this plan a little over a year ago, and inquired about when this project will be completed. Mr. Lontos replied it will take about six months completion time, and Mr. McDowell explained that the length of time was due to the fact that the linutes Regular Council Meeting July 14, 1987 Page 5 Junior League had to raise the money, and that the City had extensive negotiations with the phone company and CP&L. Council Member Mendez noted that it is the Staff's intention to develop an assessment role on this project, and inquired what the City is going to do about assessments, and Mr. McDowell explained that the City will have to demonstrate that there is an improvement to the property; if we are able to substantiate that it is an improvement to the property, it would be legitimate to assess; and if it is not, the City will have to fund it without assessments. There were no comments from the audience on the above item. Mayor Pro Tem Slavik referred to Item No. 5 pertaining to the contract with the Boys Club of Corpus Christi, Inc. for the construction of two baseball fields, a soccer field, jogging track and parking facilities, and pointed out that the Boys Club will provide matching funds of $25,000 for this project. Richard Gonzalez, 3802 Sternman, encouraged the Council to consider further sports facilities in the City, noting that there are creative ways to build. Council Member Rhodes referred to Item No. 6 pertaining to the installation of an underground conduit and appurtenances at the airport, and inquired about the expense of relocating the line, and City Manager McDowell explained that the City is installing the conduit because of the airport beautification project, and that the power line is being taken down at the entrance to the airport. There were no comments from the audience on Item No. 6. Mayor Pro Tem Slavik referred to Item No. 8 pertaining to the appointment of an art selection panel to select works of art for the Corpus Christi Library, and stated that she preferred Alternative No. 2 which is to limit the honoraria to $25.00 per half-day, instead of $75.00 per day and requested a comment from the Staff. City Manager McDowell noted that the Staff would have hoped that the Municipal Arts Commission would have been able to use local artists instead of having to go out of town. Council Member Rhodes stated that it really amounts to $1,500 to bring in out-of-town people, and noted that she objected in principle to paying people for this purpose and that she would vote against it. Connie Freeman, Municipal Arts Commission, stated that $75.00 is really a very low figure; these are professional people being paid for their professional services; the $1,500 is what they have set aside in case they need it all; and if they don't need it all, it will go back into the Permanent Art Trust Fund. [inures Regular Council Meeting July 14, 1987 Page 6 A motion was made by Council Member Mendez to approve Items No. 3, 5, 6 and 8; seconded by Council Member Strong and passed; Slavik and Rhodes voting, "No" on Item No. 8 and "Aye" on the other items. * * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Resolutions, Ordinances, and Ordinances from Previous Meetings on Items No. 9 through 23, noting that Items 14 and 15 are being withheld for discussion. Assistant Secretary Zahn polled the Council for their votes; and the following Ordinances and Resolutions were passed: 9. ORDINANCE NO. 19843 CLOSING AND ABANDONING A 10 -FOOT LONG BY 50 -FOOT WIDE PORTION OF STREET RIGHT-OF-WAY ADJACENT TO NILE DRIVE, SUBJECT TO PROVISIONS BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 10. ORDINANCE NO. 19844 CLOSING AND ABANDONING A 2.5 FOOT WIDE BY 56.5 FOOT LONG PORTION OF THE 7.5 FOOT WIDE UTILITY EASEMENT IN LOT 11, BLOCK 2, BEAR CREEK UNIT 1, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 11. ORDINANCE NO. 19845 CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: 1. McArdle Road, from Ayers Street to Anthony Street, and 2. Kostoryz Road, from 448 Linear Feet South of McArdle Road to 510 Linear Feet north of McArdle Road; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." linutes Regular Council Meeting July 14, 1987 Page 7 12. RESOLUTION NO. 19846 AUTHORIZING THE EXECUTION OF A CONTRACT WITH HAAS PAVING, INC. FOR IMPROVEMENTS TO McARDLE ROAD FROM AYERS STREET TO CARROLL LANE; APPROPRIATING $1,436,000. The foregoing Resolution passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 13. RESOLUTION NO. 19847 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 6 IN CONNECTION WITH THE POLICE STATION EXPANSION PROJECT; APPROPRIATING $23,413. The foregoing Resolution passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 16. FIRST READING AMENDING CHAPTER 2, ADMINISTRATION, DIVISION 15, SENIOR COMMUNITY SERVICES ADVISORY COMMITTEE, BY AMENDING SECTIONS 2-170, MEMBERSHIP, AND 2-173, DUTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its first reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 17. FIRST READING AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE NUECES COUNTY MHMR FOR THE LEASE OF THE OLD AMERICAN LEGION BUILDING AT 1626 S. BROWNLEE. The foregoing Ordinance passed on its first reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 18. SECOND READING AMENDING CHAPTER 39, PERSONNEL, SECTION 39-16, LEGAL DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES, SUBSECTION (B) SO AS TO DELETE THE EXCLUSION OF PUNITIVE DAMAGES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its second reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 1inutes Regular Council Meeting July 14, 1987 Page 8 19. SECOND READING AMENDING CHAPTER 39, PERSONNEL, SECTION 39-16, LEGAL DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES, SUBSECTION (A); PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its second reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 20. SECOND READING AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH SINSAN, INC. FOR THE DEVELOPMENT OF A RECREATIONAL FACILITY ON CORPUS CHRISTI BEACH. The foregoing Ordinance passed on its second reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 21. SECOND READING ADOPTING THE CORPUS CHRISTI COMPREHENSIVE POLICY STATEMENTS AS DESCRIBED IN THE DOCUMENT TITLED: CITY OF CORPUS CHRISTI POLICY STATEMENTS: AN ELEMENT OF THE COMPREHENSIVE PLAN. The foregoing Ordinance passed on its second reading by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 22. ORDINANCE NO. 19850 (Third Reading) AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE NATIONAL WEATHER SERVICE FOR THE RENTAL OF SPACE ON THE SECOND FLOOR OF THE TOWER BUILDING AT CORPUS CHRISTI INTERNATIONAL AIRPORT. The foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." 23. ORDINANCE NO. 19851 (Third Reading) AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH PAISANO GIRL SCOUT COUNCIL, INC. FOR THE LEASE OF CERTAIN LAND ADJACENT TO THE CITY'S RESERVOIR LOCATED ON THE NUECES RIVER. The foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." Council Member Rhodes referred to Item No. 14 pertaining to the zoning ordinance on the application of Mr. Arnold Gonzales, and stated that she is going to vote against this application; she thinks it is spot zoning; and she did not think it is a good reason to change the integrity of the neighborhood. 4inutes Regular Council Meeting July 14, 1987 Page 9 Council Member Berlanga referred to Item No. 15 pertaining to the Tiger Lane Extension Project, and stated that he has received several complaints about the traffic on Tiger Lane, and that people are comparing it to a race track. He continued by stating that he has been asked what the City could do to control the matter, and that the residents have inquired if bumps can be installed. Council Member Guerrero noted that the above situation exists because of Carroll High School; kids are racing up and down; speed bumps are illegal; but he suggested rumble bumps because they are legal and have been very effective on Kostoryz Road. Mayor Turner requested a report from the Staff pertaining to this item. Assistant City Secretary Zahn polled the Council for their votes; and the following Ordinances were passed: 14. ORDINANCE NO. 19848 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ARNOLD GONZALES BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 21, BLOCK 1, CHRISTIE PARK NO. 3 FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Slavik, Berlanga, Mendez, Moss, Pruet, and Strong voting, "Aye"; Turner, Guerrero and Rhodes voting, "No." 15. ORDINANCE NO. 19849 AUTHORIZING CHANGE ORDER NO. 2 IN THE AMOUNT OF $11,668.30 TO THE TIGER LANE EXTENSION PROJECT WHICH PROVIDES FOR AN ADDITIONAL 1,477 CUBIC YARDS OF SELECT FILL MATERIAL; AND APPROPRIATING $12,000. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye." * * * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 23a pertaining to a motion to reconsider an ordinance granting a change of zoning on application No. 587-3. Mayor Pro Tem Slavik requested that a presentation be given on this item. Mr. Larry Wenger, Director of Planning, stated that this is zoning application No. 587-3 in reference to the Corpus Christi Development Corporation requesting a zoning change from "R -1B" One -family Dwelling District to "R -1C" One -family Dwelling District in order to develop a 19 -acre single-family linutes Regular Council Meeting July 14, 1987 Page 10 subdivision. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. He stated that the property is located between Division and Purdue Roads, approximately 635' east of Sentinel Drive, and noted that both the Planning Commission and Planning Staff recommend approval of the application. Council Member Guerrero inquired about how many additional units could be put on the tract, and Mr. Wenger replied that the "R -1B" would allow 149 units and that the "R -1C would allow 189 units. Mr. Guerrero inquired if this was advertised that it would be on the agenda this week, and Mr. Wenger replied that it was not advertised. Mr. Guerrero noted that he thought it was unfair to the people that were in opposition, and stated that he did not agree as to how this item was put on the agenda. Mr. Wenger pointed out that no one spoke in opposition during the public hearing. Council Member Rhodes inquired about the reason it was put back on the agenda, and Mayor Turner noted that five members of the Council made the request. Council Member Mendez pointed out that if five Council Members had not requested that it be put back on the agenda, that any Council Member who voted "no" has a right to ask for reconsideration on any action, as long as it is done at the next Council Meeting. Mayor Pro Tem Slavik inquired if the zoning change complied with the Flour Bluff plan, and Mr. Wenger replied it did for single-family dwellings. Council Member Guerrero noted that an Architectural Review Committee was established to review "R -1C" zoning and inquired if the committee had reviewed this proposal. He also noted that "R -1C" zoning is the worst thing that has happened to Corpus Christi. Mr. Wenger explained that the committee has not been formed yet. He stated that "R -1C" is really one means of affordable housing; some very expensive homes are found in "R -1C" and some less expensive homes in "R -1B". He continued by stating that the "R -1C" is not the factor; you can build a smaller house on "R -1B" property as well as in "R -1C"; it sets up the lot sizes; and that is not the contributing factor to affordable housing. Mr. Guerrero stated that "R -1C" adds congestion to particular areas; it deteriorates neighborhoods and causes crime. He stated that he is not criticizing the neighborhood or the people, but is criticizing what the City is developing in our Community in the way of allowing "R -1C" zoning under the theme of affordable housing. In answer to a question from Council Member Mendez, Mr. Wenger noted that at the meeting last week no one spoke for or against this zoning application. Minutes Regular Council Meeting July 14, 1987 Page 11 In answer to a question from Mayor Pro Tem Slavik regarding the committee reviewing the criteria for housing, Mr. Wenger explained that in looking at the term of affordable housing relative to building codes, those building codes would have to be applied equally across the board throughout the City, regardless of what type of zoning district it might be in. Henry Tucker, an owner of the project, stated that he would answer any questions regarding this project. Mr. Guerrero pointed out that the deed restrictions are not enforceable by the City of Corpus Christi, and Mr. Tucker agreed. Mr. Guerrero noted that the developer owns the majority of the property, and that he can change the deed restrictions any way he wants after he has sold a few homes. Mr. Tucker explained that it is not that easy; you have to get permission; and it is hard to change the deed restrictions after you once apply them. In answer to a question from Mayor Pro Tem Slavik regarding why Mr. Tucker is putting in "R -1C", he explained it is affordable housing; Purdue is a new street; Homeport is coming on; and he felt it was a good project. He also noted that there are very few lots available in Flour Bluff. No one spoke in opposition to this zoning application. A motion was made by Council Member Moss to reconsider the ordinance granting change of zoning on application No. 587-3, Corpus Christi Development Corporation, which failed to pass following the public hearing on July 7, 1987; seconded by Council Member Strong and passed by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Guerrero voting, "No." Assistant City Secretary Zahn polled the Council for their votes; and the following Ordinance was passed: 23b. ORDINANCE NO. 19852 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CORPUS CHRISTI DEVELOPMENT CORPORATION BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 14, BLOCK 49, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R -1C" ONE -FAMILY DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Guerrero voting, "No." * * * * * * * * * * * * * 1inutes Regular Council Meeting July 14, 1987 Page 12 Council Member Moss referred to Item No. 24 pertaining to an automated meter reading system and requested that a presentation be given. City Manager McDowell stated that it is a hand-held meter reading device similar to what you see in the supermarkets; information is keyed in manually; there is less room for error; and that the Staff thinks it will be a success. Dick Kisling, Public Utilities, displayed the hand-held unit to the Council Members. Robert J. Reyna, 1821 Roslyn, stated that his utility bill is incorrect, and that the meter -reader does not read the meter correctly. Mr. McDowell explained that the City receives several complaints about estimated bills, this procedure will prohibit estimated readings. Lewis Lovelace, 1549 Casa Grande, noted that this is an expenditure from the Water Bond Fund. He referred to the time when the City had a drought and the water rates were raised, and inquired if the rates will be lowered since both the lakes are filled. City Manager McDowell explained that the source of funds for this item is the Water Bond Fund, and that the basic rate increase was to pay for Choke Canyon Dam. Council Member Mendez pointed out that there will be a discussion on the Water Bond Fund when the Council discusses the budget. Mayor Turner called for consideration of Item No. 25 pertaining to the agreement with Harbor Playhouse Inc. for the purchase of equipment and fixtures, for an improvement project to seal the exterior of the Harbor Playhouse building against moisture penetration, and for the scheduling of convention activities in the Harbor Playhouse building; and appropriating $129,476.00 from the community -convention facility bond fund. City Manager McDowell noted that this agreement settles a problem that has developed with the Harbor Playhouse over their ability to continue with their productions. He pointed out that the Staff has met with them over a period of several months and have come to an equitable solution to the problem. Mayor Pro Tem Slavik inquired about in addition to the $129,000 what additional operating expenses will they be inquiring of the City. Mr. McDowell explained that the City has a five-year contract with them for $25,000 a year; the City will take over the building and operate the building as part of the convention center complex; they would utilize the facility for their productions; and the City would have the right to book convention activities periodically. Minutes Regular Council Meeting July 14, 1987 Page 13 Mayor Turner noted that she will support this Resolution. She stated that this is a situation where they raised their own money to build the building and buy the equipment; it is entirely funded through the private sector; and that they simply cannot pay the operating costs of the facility. Eddie Galvan, President of the the Harbor Playhouse. Mr. Galvan Director, and Russell Weisman, the appreciation to members of the Staff Board, presented background information on introduced Mary Maybre, the new Managing new Artistic Director, and expressed his for the solution which was reached. Council Member Guerrero referred to Item No. 28 pertaining to updating the Permit Fee Schedule covering fees for permits and other services. Mr. Guerrero pointed out that a permit fee increase is a tax increase, and that he will vote against it. He stated that we probably could increase our income feewise if we only inspected half the jobs that are being built because a great deal of the contractors do not take out a permit fee. He urged the Council to consider voting against a fee increase. Council Member Guerrero departed the meeting at 3:40 p.m. Council Member Rhodes inquired about the result if an inspector finds a permit has not been obtained, and Mr. McDowell replied they are cited and there is a double permit fee. Assistant City Manager Elizondo stated that the Staff has looked at several things in regard to updating the permit fee schedule. Mr. Elizondo stated that the Staff has looked at this issue for several reasons such as: 1. what are we charging and how does that relate to the cost that we are experiencing; 2. what are some of the weaknesses that are identified; and 3. what services are we providing free of charge. Mr. Elizondo stated that presently the fee is $76.00 on a residential house which is .07C a square foot; Staff is proposing basically what used to cost $76.00 would now be $102.00 for an 1100 square foot house, and pointed out that this is the building side of it. Mr. Elizondo continued by stating that the Staff is proposing the .07C a square foot be increased to 7.8 and that a new chart be instituted of .04C a square foot for space that is not habitable for which there is no charge currently. Mr. Elizondo displayed several slides of tables of comparisons of actual houses built this year and showed comparisons of commercial buildings. He explained that the tables were adopted by the Southern Building Code. In answer to a question from the Mayor, Mr. Elizondo explained that the rates were last increased in July of 1985. In answer to a question from Council Member Mendez concerning the evaluation of the properties, Mr. Elizondo stated that they provide the City with the figures; Staff has some right to contest that figure; but that we do not have an adopted standardized table. Minutes Regular Council Meeting July 14, 1987 Page 14 Council Member Pruet stated that when they take out the permit, they have a contract just for the construction of the shell, and that a lot of things could be added by subsequent contract. He continued by stating that what may be a practice of not accurately reporting to the Permit Department the true value of the work that they are going to be doing, and if it is just an ordinance that is causing problems, it could be changed to require accurate permitting fees. A penalty could very easily dissuade someone from not properly reporting what work they are going to be doing. He stated that this area affects significantly more income potential than raising permit fees on single—family houses. Mr. Elizondo displayed several more comparisons, and Council Member Pruet noted that it is not an insignificant increase in fee when you talk about adding $200 to $300 per house on a single family dwelling; that can make a significant difference whether that builder is able to sell that house and continue to stay in business; in many cases you cannot pass any of the increased costs on to the purchaser in a very competitive market, and the builder has to absorb it. Mr. Elizondo stated that the Staff is well aware of the impact on the industry; they are aware of the situation as they try to make each department pay its way; they are trying to do several things with building inspections; they are considering making zoning and sign enforcement a part of Neighborhood Improvement which will give better coverage in the field; and it will help them find who is building without permits. He continued by stating that there are ten inspections which are required by code. Council Member Pruet stated that different things could be done in the Building & Permit Department such as cross training, etc., and inquired if it would not be more logical to determine the impact of those actions before increasing the fees. Mayor Pro Tem Slavik pointed out that some of the builders would not object to more rigid inspections. In answer to a question from Mrs. Slavik, Mr. Elizondo explained that they are not proposing extra staff at all; they will try to put more people on the streets in Neighborhood Improvement to deal with the people who are not obtaining permits. Terry Whitmire, speaking on behalf of the Corpus Christi Air Conditioning/Plumbing Contractors Association, presented letters to the Council and stated that there should not be an increase if there is no enforcement, and they feel enforcement of existing laws will produce more revenue through fines than the increase of fees. He stated that the recommendations of the Association are: 1. that there be a task force consisting of one member of each of the advisory boards, one member from each of the trade associations and a liaison from the Council; 2. enforcement of the existing code and licensing; and 3. certificate of insurance on file. He noted that in May the Association made a recommendation to the Mechanical Advisory Board of an amendment to the code and presented the proposed amendment to the Council. Minutes Regular Council Meeting July 14, 1987 Page 15 In answer to a question from the Mayor about the charge of the task force, Mr. Whitmire explained it would be to seek out and find ways that departments could act more efficiently and effectively, and to increase communications between the contractors and the City Council. He stated that the Association recommended licensing of the inspectors and that more qualified inspectors should be hired. Mr. Whitmire noted that, speaking for himself, he violates it half the time because he is not pulled down on inspections most of the time; he knows if he goes by the law to the "T" and takes all the permits, that the revenue from his company would decrease at least 200 percent. Mayor Turner requested Mr. Whitmire to submit his recommendations for the task force in writing to her. She made the comment that there should be a system, and that our inspectors should be informed of possible violations. Mayor Pro Tem Slavik agreed with more inspectors being more cost effective, and requested if the Staff had any comments. City Manager McDowell stated that the City is striving for efficiency and economics and expressed his concern about the industry, who the City is supposed to regulate coming in and telling us how we should staff, how we should inspect, etc. He stated that we are open to suggestions as how we might do things more effectively, but part of our job is regulation of that industry. He continued by stating that we have several advisory boards at this point and that he would like to see in writing Mr. Whitmire's suggestions before the Council takes any action. He stated that he would certainly hope if the industry is violating the City Ordinances at the present time, that they would step forward and be responsible and act accordingly under the statutes; and that we have an obligation to pursue violations. Shawn Bodine, 3817 Apollo, President of the Builders Association, stated that they agree with the commercial evaluation part of the fee increases; they are speaking on the single-family residential fee increase; and that single- family dwelling fees are based on square footage. Mr. Bodine displayed slides of tables showing proposed permit fee increases for new single-family construction and proposed fee increases for a typical single-family home. He stated that such a huge increase in fees is not only unjustified but will cause hardship in a building industry that is struggling to survive after four consecutive years of sharp decline. He stated that nearly every business in the industry has vital employees that it is only marginally able to afford, and many of those employees can be expected to lose their jobs if these fees are increased. Mr. Bodine displayed a chart of the'building department expenses versus revenue and stated that they are concerned that if construction activity falls still further next year, if the Staff will propose that fees be increased another 807, and if the shortfall justifies a rate increase, why the surplus of Minutes Regular Council Meeting July 14, 1987 Page 16 a few years ago did not justify a rate decrease. He continued by stating that the fact that expenses have continued to rise at a time when construction activity has fallen sharply is proof positive of one of two conditions, either the department is operating with rapidly decreasing efficiency, which would indicate a management problem that should be corrected by the City, not paid for by the building industry, or a relatively large portion of the department's expenses are not directly related to fee paying construction activity, in which case these unrelated expenses should be paid for by the general fund or some source other than direct fees on construction. He noted that they suspected that a little of both are involved. Mr. Bodine displayed charts of a % change in permit activity, a declining share of single-family permits as a percentage of all permit activity, and department expenses divided by number of inspections. He stated that strict time and inspection accountability for individual inspectors, with periodic spot checks for inspection quality, would probably help put an end to most problems and would point out those inspectors, if any, who are not doing their job productively, and that it would also probably help improve inspection efficiency and accountability if inspectors could be cross trained to perform all single-family inspections. In answer to a question from the Mayor about increasing the fees, Mr. Bodine stated that the problem is not with the fees; the fees were no lower when they generated hundreds of thousands of dollars in profit and questioned why the City is trying to support '83 overhead with '87 starts and why expenses have continued to rise while building activity has fallen. Mr. Bodine summarized by urging the Council to reject the attempt to raise additional City funds from a weakened building industry; passing the residential fee increases would put people out of work; the fees are unwarranted and amount to an unfair tax on the building industry to support unrelated functions of the Building Department and/or inefficiency. He urged the Council to vote it down. J. E. O'Brien, 4130 Pompano, stated that he believes doubling of fees is outrageous; each one of the Council campaigned on a platform for more jobs; he believes passing this fee schedule will eliminate jobs; and that this should be rejected. Lewis Lovelace, 1549, Casa Grande, agreed with Mr. O'Brien. He advised the Council to cut costs rather than to find more money to spend. He noted that this is just another tax; this does not encourage building and bring in related jobs. He encouraged the Council to vote against this. Jim Johnston, 2017 Woodcrest, a member of the Builders Association, reminded the Council of their campaigns which were run on economic growth for the City of Corpus Christi. He noted that he is building at the same cost as he did in 1980 and 1981. He stated that if these costs are increased, they will come out of the quality of the homes, and that there are many ways the Staff and Minutes Regular Council Meeting July 14, 1987 Page 17 the industry can work together for a solution. He made a few suggestions to the Council and made a complaint about the City utility and gas crews. Armando Martinez, representative of the Electrical Association, spoke in opposition to the proposal. He noted that they will pass these increases on to the builders; and that the Council will be adding a tax to the people who are doing it correctly. Edgar Moore, 5926 South Staples, stated that there should be more efficient departments in the City and suggested computerizing the City inspection records in the future. Bob Shattock, Builders Association, stated that they support the change to a standardized evaluation and referred to the talk about non/permits, and stated that to the best of their knowledge, you cannot build a single-family home without getting all the permits and paying the fees. Mayor Pro Tem Slavik stated that she thought it is an excellent idea to set up a task force to facilitate better communications and suggested that the Staff study Mr. Whitmire's recommendations. She noted that it was suggested that the City combine some of their inspection type boards, and requested a Staff recommendation pertaining to this suggestion. Council Member Berlanga stated that he has been concerned with the Inspection Department and expressed his concern with the builders. He noted that they have a good point; now is not the time to increase the fees; and that we should try to streamline our departments. Mr. Berlanga made a motion to table this item for the time being and study it. He suggested that the Staff and the builders get together and work out a solution. He noted that the Council did not want to do anything to hurt the industry. Mayor Turner noted that she is prepared to vote against this item. Council Member Pruet stated that the City Manager has mentioned several procedural and organizational plans for the building department. He suggested that he would not vote to table this item, and that he would vote it down and request the Staff to provide several of the reorganization and redesign structures that they are anticipating before considering any fee changes or permit increases. Mr. Berlanga withdrew his motion. Council Member Rhodes agreed with Mr. Pruet and stated that before approving such a drastic increase in fees, we ought to try the fines and better inspections and have a more gradual increase in fees if that does not work. Minutes Regular Council Meeting July 14, 1987 Page 18 Council Member Mendez agreed with the idea Council Member Slavik touched on about forming an AD Hoc Committee and let the Staff try to get people involved and make recommendations to the Council. City Manager McDowell explained that there are several boards such as Building Codes Board, an Electrical Advisory Board and a Mechanical Advisory Board; these are the appropriate agencies and boards to deal with this matter and not have another task force appointed. Council Member Mendez stated that can be remedied by getting an individual from each board that is involved. Council Member Pruet inquired if this ordinance had been coordinated through the aforementioned boards, and Mr. McDowell replied in the affirmative. Assistant City Secretary Zahn polled the Council for their votes; and the folloiwng ordinances were passed: 24. ORDINANCE NO. 19853 APPROPRIATING $140,000 FROM THE WATER SYSTEM BOND FUND FOR THE PURCHASE OF AN AUTOMATED METER READING SYSTEM FROM ITRON, INC.; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Guerrero absent. 25. RESOLUTION NO. 19854 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HARBOR PLAYHOUSE, INC. FOR AN IMPROVEMENT PROJECT TO SEAL THE EXTERIOR OF THE HARBOR PLAYHOUSE BUILDING AGAINST MOISTURE PENETRATION, AND FOR THE SCHEDULING OF CONVENTION ACTIVITIES IN THE HARBOR PLAYHOUSE BUILDING; APPROPRIATING $129,476. The foregoing Resolution passed by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Guerrero absent. 26. FIRST READING AMENDING THE CITY CODE, CHAPTER 53, TRAFFIC, SECTION 53-252, SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, AND SECTION 53-253, SCHEDULE IV - STOPPING, STANDING OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its first reading by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Guerrero absent. a Minutes Regular Council Meeting July 14, 1987 Page 19 27. FIRST READING AMENDING THE CITY CODE, CHAPTER 53, TRAFFIC, SECTION 53-250, SCHEDULE I - ONE WAY STREETS AND ALLEYS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its first reading by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Pruet, Rhodes and Strong voting, "Aye"; Guerrero absent. 28. AMENDING THE PERMIT FEE SCHEDULE BY INCREASING PERMIT FEES ESTABLISHED BY THE BUILDING, ELECTRICAL, MECHANICAL AND PLUMBING CODES; AND THE ELECTRICAL LICENSING ORDINANCE, EFFECTIVE AUGUST 1, 1987; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance failed to pass by the following vote: Turner, Slavik, Berlanga, Mendez, Moss, Pruet, Rhodes and Strong voting, "No"; Guerrero absent. * * * * * * * * * * * * * Mayor Turner called for petitions or information from the audience on matters not scheduled on the agenda. Ram Chavez, 1642 Sandlewood, speaking on behalf of the Veterans Band Association of Corpus Christi, expressed appreciation to the Council for the Proclamation of July 1, 1987 which designated the band as the official Municipal Band. He introduced the Association Board Members and presented the Council with caps. J. E. O'Brien, 4130 Pompano, stated that he disagreed with what Council Member Pruet said at the morning workshop meeting that most mortgage companies do not take advantage of the discounts for early payment of taxes. Mr. O'Brien stated that he believed the reverse of that statement to be true. He stated that because of their fiduciary relationship with their customers, they are required by law to take advantage of that discount. Mr. O'Brien referred to the trees on Chaparral and stated that a question was asked during the meeting about what would happen if this was not approved, and that the City Manager stated that if it was not approved, the Council would be breaking a commitment made to the Junior League some time ago. Mr. O'Brien stated that the "some time ago" would refer to a prior Council. He pointed out that a commitment was made to the Taxpayers Association and the taxpayers of this Community to allow the discount for early payment of taxes. Council Member Pruet explained that he had asked the Staff to determine who is taking advantage of the discounts for early payment of taxes, stating that his position was based on information obtained from Staff. He reiterated that • Minutes Regular Council Meeting July 14, 1987 Page 20 he would like to have a report on those who are eligible and those who take advantage of this discount. Council Member Mendez stated that it was his understanding that mortgage companies did not pay the taxes early for their clients unless they received a request to do so. Mr. O'Brien stated that there is a federal law that requires mortgage companies to take advantage of the discount. Mayor Turner recognized Dierdre Norton and stated that she appreciated all the work she has done in supporting the library services. She clarified that this Council did not pass an ordinance that spelled out in detail what the responsibilities of the Advisory Board are; all the Council did is pass an ordinance that reinstituted the Library Board. She noted that Mrs. Norton and the Board made some recommendations and those recommendations are being carefully reviewed. Council Member Rhodes agreed and noted that the second ordinance that the Board is working on will be considered at a later date. Dierdre Norton, 3822 Denver Avenue, commended the Council on their ambitious and progressive action agenda for their goals, and stated that the Library Board looks forward to working with the Council. She noted that the library system has a serious problem, and that various people are asking about the books and the resources. She stated that at the board meeting last week the Library Board voted to request that the Council try to release the funds frozen for library books that were budgeted for the current fiscal year. She noted that if funds budgeted are not spent before the fiscal year, the books will be a permanent loss. She noted that the Board would like to clarify that the funds voted for the bond issue were never intended as a substitute for annual book budget funds. She requested that the Council consider the budget from all angles and presented information to the Council. She requested that the Council review her information and displayed a chart that she had devised. City Manager McDowell stated that the City is holding approximately $100,000 of budgeted funds due to the loss of over $2 million to the entire City; there is about $50,000 in the trust fund; we are going ahead with that; we discussed this morning the capacity to produce and handle the book acquisitions; we have added to the collection some 2,000 more volumes than in the prior fiscal year. In answer to a question from the Mayor, Mr. McDowell stated that as fast as the Staff recieves the requisitions for library books, they are processed. He noted that Staff is expediting the book purchase, but will not purchase all of the books that were budgeted due to the lack of funds. Assistant City Manager Hennings stated that the processing is going on for the trust account purchases; there is some $53,000 in designated funds for book • Minutes Regular Council Meeting July 14, 1987 Page 21 purchases and that is separate and apart from the $100,000 in the operating budget. In answer to a question from Mrs. Norton, Mr. Hennings stated that basically for this year's operating budget all of the purchases for the central library have been made and the $100,000 represents purchases for the branches that have not been made. Lewis Lovelace, 1549 Casa Grande, urged the Council to continue the discount for early payment of taxes. He urged the City Manager to instruct the Staff to find places to cut instead of increasing source of funds. Robert J. Reyna, 1821 Roslyn, requested retaining the discount for early payment of taxes, and made a complaint referring to the inefficient tax office. Patty Mueller, 246 Indiana, stated that she had a concern in regard to the library books and the reference by the City Manager to use the monies from the trust fund. She stated that this money has been put into the City coffers; before the new Charter the Library Board had the authority to spend those monies; money was put into the trust fund; people entrusted the board with the responsibility of spending those funds; and that they have been frugal with the funds. She stated that it disturbs her to hear the City Manager say that "we" have a certain amount in the trust fund; she personally gave money and would not have given it if it was to be used to meet budget demands. She expressed her concern about that being taken away from the board. Mr. McDowell stated that the trust fund began in 1982 and briefly gave a background report of the donations, interest, receipts and expenditures. He stated that it was set up for three purposes, and that the trust fund has been used for the purposes it was set up for, such as furniture, computer system and books. In answer to a question from the Mayor, Mr. Hennings stated that the process now with the book purchases is the library staff orders books and then provides a report to the Library Board of what has been ordered; all the other material, such as computers and furniture, has been reviewed by the Library Board before they make the request to the City Council for approval; they did not have the authority to spend the money; the authority rests with the City Manager and the City Council, and they make recommendations to the City Manager and the City Council. Council Member Strong stated that it was her understanding that any expenditures made out of the trust fund comes to the Council as a recommendation from the Library Board, and that there has been no change in the procedure. She stated that their ability to recommend those funds is still there and explained that the City Manager meant that the money was earmarked in the trust fund from the beginning, and that it is still there. s Minutes Regular Council Meeting July 14, 1987 Page 22 Anne Chapman, 5025 Baldpate, stated that she was the executive secretary of the Friends of the Library for the fund drive. She clarified the intent of the Friends. She stated that her concern is that during the workshop meeting of June 30th, a recommendation was made that money could be spent from the trust fund for the budgeted shortfall. She stated that they have received private donations, and that it was never created to correct a shortfall in the budget. She expressed her concern about the credibility of the Friends for the future. Discussion followed and Mr. McDowell noted that the real issue is how $100,000 in the budget can be spent when we do not have the money to spend. Council Member Strong noted that what the Friends have done is such a benefit to the Community. She stated that the City did freeze capital spending for the second half of the year and that the money is just not available for any of the departments because the City is in a shortfall situation. Council Member Moss pointed out that there is a lack of communication, and that it was his understanding that the Library Board authority was amended in the '50's and that has not changed in the new Charter. He pointed out that it is just enunciated differently. Ann Carrie Davis, 14633, Sweetwater Creek, spoke about the recommended budget and referred to several pages in the budget book. She stated that according to her figures, the library is absorbing 130 percent of the budget decrease, and that she felt the budget is very unbalanced. Mr. McDowell offered a brief explanation to Ms. Davis about the estimated and recommended library system budget and referred to several pages in the budget book. He pointed out that the library, in comparison to everyone else, will only have a $24,000 decrease in the recommended budget. Mr. McDowell explained the decrease and the numbers adopted in the estimated budget. Bill Kirshner, President of the Friends of the Library, urged the Council to make book purchases for the library its top priority and referred to the loss of 17 percent for the library. Mr. McDowell explained that these cuts were based on recommendations of all department heads, and Mr. Canales set the priorities for the library and the Staff implemented his recommendations. Mr. Kirshner stated that the library is more than a basic service and made reference to education. He stated that he thought the City has the potential to make this library to be No. 1 in the State of Texas. He stated that it takes time, money and an adjustment of priorities. He requested the Council to consider the possibility of reviewing the $100,00 cut in books. More discussion followed, and Mayor Turner stated that the Council is totally committed to the library and referred to the proposed bond sale. She stated that the library books will be right at the top of the list as soon as funds are available. Minutes Regular Council Meeting July 14, 1987 Page 23 Mayor Turner expressed appreciation to the Staff for the final draft of the action agenda. She then referred to the creation of a Task Force on the bond sale, timing, and tax and appointed Council Member Mendez to chair the Task Force along with Council Members Moss and Pruet, and three members of the community. Council Member Pruet expressed his appreciation to the museum staff on the excellent job they are doing in tracking of the museum. Mayor Turner announced a Homeport Steering Council Workshop Meeting tomorrow at the Northshore Country Club from 9:00 a.m. to 1:30 p.m. Council Member Pruet invited the Council to the Parkdale Baptist Church on July 26 where Senator Phil Grahmm will be appearing. There being no further business to come before the Council, a motion was made by Council Member Pruet, seconded by Council Member Strong, and passed unanimously that the meeting be adjourned at 6:05 p.m. I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of July 14, 1987, which were approved by the City Council on July 21, 1987. WITNESSETH MY HAND AND SEAL, this the aigie day of L`Et7 . / Betty Ttaner, MAYOR Armando Chapa, City Secretary City of Corpus