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HomeMy WebLinkAboutMinutes City Council - 04/26/1988PRESENT Mayor Betty Turner Mayor Pro Tem Bill Pruet Council Members: Leo Guerrero Clif Moss Mary Rhodes Frank Schwing Mary Pat Slavik Linda Strong * Absent David Berlanga, Sr. MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING APRIL 26, 1988 2:00 p.m. City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend San Williams of Parkway Presbyterian Church following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Leo Guerrero. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. A motion was made by Council Member Slavik to excuse Council Member Berlanga from the Council Meeting. The motion was seconded by Council Member Rhodes and passed unanimously by those present and voting; Strong absent at the time the vote was taken. Mayor Turner called for approval of the Minutes of the Regular Council Meeting of April 19, 1988. Council Member Moss requested the addition of some words to be inserted on Page 16, and inquired if the words "per annum" should not be added on Page 5, and on Page 11, Council Member Slavik noted that a word should have been "rates" instead of "ratings." A motion was made by Council Member Moss that the Minutes of the Regular Council Meeting of April 19, 1988 be approved as amended; seconded by Council Member Slavik and passed unanimously by those present and voting; Strong absent at the time the vote was taken. MICROFILMED Minutes Regular Council Meeting April 26, 1988 Page 2 * Council Member Strong arrived at the meeting at 2:05 p.m. Mr. Rudy Delgado of the Economic Development Corporation presented a report to the Council on the Goodwill Trade Mission to Monterrey, Mexico. Mr. Delgado provided the Council with some background history regarding the City's relations with Monterrey and noted that the City has some opportunities in Mexico. He stated that on the recent trip they visited eight plants; five plants have ties and some potential for doing business with Corpus Christi; and he elaborated on the various plants. Mr. Delgado noted that a representative who heads the Industrial and Commercial Development for the State of Monterrey has made a commitment to form a delegation to visit Corpus Christi in mid-June. Mr. Delgado informed the Council that tomorrow there will be a breakfast to promote a Corpus Christi -Laredo Trade Show which will take place on May 23 and 24. He also noted that on Friday they will meet with some medical people in the area to see what medical services there are in Corpus Christi that need to be promoted in Mexico. He stated that the City needs to establish closer ties on the university levels, and noted that there was a suggestion for an exchange of professors which would be one way of establishing cultural ties with Monterrey. Mayor a fabulous Mayor audience. Mayor project: Turner noted that Mr. Delgado's report was excellent and that he did job in organizing a very important national trade mission. Turner recognized Mayor Emeritus Luther Jones who was in the Turner * * * * * * * * * * * * * announced the bid opening on the following Weber Road Utility Cover Adjustments Mr. Victor Medina, Director of Engineering Services, opened project from the following firms: Backhoe Lease Service, Inc. Construction & Paving, Inc. Mr. Medina noted that Backhoe Lease the required bid security bond and A. Ortiz Construction did not. the City usually does not require bid bonds for under $25,000 and look into the matter before making a recommendation to the Council also informed the Council that the second bid opening was postponed engineering bids on this and A. Ortiz had submitted He noted that that he will . Mr. Medina for a week. Mayor Turner expressed appreciation to the bidders for submitting bids on the above project. * * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 thru 3, and a Council Member requested that Motion No. 2 be withheld for discussion. There were no comments from the audience on the Consent Motions. Minutes Regular Council Meeting April 26, 1988 Page 3 A motion was made by Council Member Guerrero to approve Motions 1 and 3; seconded by Council Member Strong and passed unanimously by those present and voting; Berlanga absent. In reference to Item No. 2 pertaining to the Public Hearing changing the name of a portion of Minnesota Street to Airheart Point, Council Member Slavik inquired if there will be a celebration in connection with this, and City Manager Garza replied that this is just the initial step and that something will be done in connection with this. A motion was made by Mayor Pro Tem Pruet to approve Motion No. 2; seconded by Council Member Slavik and passed unanimously by those present and voting; Berlanga absent. 1. M88-0093 Accepting the Allison Wastewater Treatment Plant Improvements completed by Basic Constructors, Inc., authorizing Change Order No. 9 which provides for a contract time extension of 122 days, an additional payment of $13,350 to the contractors for delays; authorizing final payment to the contractor except for $3,000 to be retained until pending items of work are completed; and approving an amendment to the contract with Urban Engineering for additional compensation of $58,811. 2. M88-0094 Scheduling a public hearing for May 3, 1988, to consider renaming the portion of Minnesota Street that extends from Ocean Drive to Corpus Christi Bay, to Airheart Point. 3. M88-0095 Accepting the Lamar East Area Street Improvements project, and authorizing final payment of $68,385.07 to Oceanside Asphalt, Inc. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings. In reference to Item No. 5 pertaining to Furnishings for the public area at the Airport, Council Member Schwing noted that Yochem's was a supplier of the furniture for City Hall and inquired if they are extending the same discount to the airport, and City Manager Garza noted that the City received an annual supply agreement; they will buy under the same contract; and it is in effect for one year. In reference to Item No. 6 pertaining to the I.H. 37 Utility Adjustments, Phase B, Council Member Moss noted that this was requested by the State Highway T Minutes Regular Council Meeting April 26, 1988 Page 4 Department in writing in early March, and that the project is being held up for approval at City Hall. Mr. Moss stated that they are still waiting on some easements on the west side of I.H. 37. Victor Medina, Engineering Services Director, noted that the request was sent to the City by the State Highway Department and the City had to re-engineer several of the adjustments. Council Member Moss pointed out that they have been waiting and have asked the City to expedite this because the whole paving project is waiting on this, and Mr. Medina stated that it may have been held up in the City office because of the City's financing, and noted that was the only delay. Mr. Medina stated that the State Highway Department is ahead of schedule, and the City had to implement these adjustments. Mr. Medina stated the City has acquired all the parcels except one, and the City has reached an agreement with the property owner of that parcel. In reference to Item No. 7 pertaining to the Reimbursement to the General Fund for Park Planning, Council Member Moss noted that in the support material it shows direct and indirect overhead totalling sixty percent, and he inquired why this is so high, and City Manager Garza stated that the overhead included in the City's accounts is not normally overhead; it includes direct costs such as retirement benefits, health insurance, the City's portion of life insurance and several other items which are normally considered a direct cost. In reference to Item No. 8 pertaining to the City Hall Land Expansion - Parcel No. 2, Council Member Moss referred to the property the City has already acquired and asked if it is necessary to acquire this additional property, and City Manager Garza noted that the decision was made several months ago to purchase that block of land for additional parking needs as the use of City Hall expands in the future; and it was felt at that time, that would be an appropriate area to expand into. Mr. Garza continued by stating that the City is just proceeding with the implementation of the plan. In reference to Item No. 9 pertaining to the Contract with Shoreline Surreys of Texas, Council Member Slavik expressed concern that the City might lose both surrey companies and stated that she would like to see this matter worked out. She noted that if the City gives the Byerley's sixty more days, she suggested using that time to send this matter to the relevant Boards for their recommendation. City Manager Garza noted that would like to see the contract done the Boards as soon as possible. Council Member Moss inquired Manager Garza noted that last week the papers to grant the sixty-day not to do that. is the intent of the sixty-day delay; he correctly; and that staff will provide it to why this needs to be extended, and City the Council voted to have the staff draw up extension, and that he has no valid reason Minutes Regular Council Meeting April 26, 1988 Page 5 Council Member Rhodes noted that she made the motion last week and it was the intent to just allow the contract to extend until it was considered by the two Boards. She pointed out that whatever time it takes to go thru both Boards was the amount of time she was suggesting. Council Member Schwing noted that since the Board meets at least once a month, he would think the decision could be made in thirty days which would allow time for the matter to go before both Boards. Council Member Strong inquired if this matter has to go thru both Boards, and Bob Bruner, Director of the Park & Recreation Department, stated that it should only have to go thru one Board and three readings of the Ordinance. Council Member Guerrero expressed the opinion that the City is trying to resolve this issue; and if it requires 60, 30 or 120 days, that is not the issue; the issue is whether the City wants surreys on the Shoreline and how it wants them. Mayor Pro Tem Pruet concurred with Council Member Guerrero and noted that there was specific information that he has requested from staff dating back to the initial surrey contract and noted that the Council needs to have access to the complete history regarding this issue. After more discussion by the Council, there was a suggestion that the period not exceed sixty days and that they should be given the necessary time. There were no comments from the audience on any of the Ordinances or Resolutions. City Secretary Chapa polled the Council for their votes and the following were passed: 4. ORDINANCE NO.20278 AMENDING ORDINANCE NO. 19793 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREET: Lamar - EAST Area 1. 18th Street, from Morgan Avenue to Coleman Avenue and from Coleman Avenue to Dead -End; 2; Craig Street, Hancock and Coleman Avenues, from 19th Street to 17th Street; 3. 17th Street, from Mary Street to Marguerite Street; 4. 18th Street, (pavement only), from Mary Street to Agnes Street; and 5. Marguerite Street (pavement only), from 18th Street to the Crosstown Freeway; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent. Minutes Regular Council Meeting April 26, 1988 Page 6 5. RESOLUTION NO. 20279 APPROPRIATING SEATING UNITS, FOR THE PUBLIC The foregoing Guerrero, Moss absent. $45,000 FROM THE AIRPORT BOND FUND FOR THE PURCHASE OF COAT AND GARMENT BAG RACKS, SAND URNS, AND TRASH CONTAINERS AREA AT THE AIRPORT. Resolution passed by the following vote: Turner, Pruet, , Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga 6. RESOLUTION NO. 20280 APPROVING CHANGE ORDER NO. 1 TO THE CONTRACT WITH CAT CONTRACTING, INC. AND MICHIGAN SEWER CONSTRUCTION COMPANY, A JOINT VENTURE, PROVIDING FOR THE INSTALLATION OF A 48 -INCH DIAMETER WATERLINE ALONG THE RELOCATED SHARPBURG ROAD AND THE EXTENSION OF BORED CASINGS UNDER THE MISSOURI PACIFIC RAILROAD TRACKS; AUTHORIZING THE EXECUTION OF AMENDMENT NO. 4 TO THE ENGINEERING SERVICES CONTRACT WITH S. A. GARZA ENGINEERS, INC. PROVIDING FOR INCREASED COMPENSATION FOR PLAN REVISIONS ASSOCIATED WITH CHANGE ORDER NO. 1 TO THE CONSTRUCTION CONTRACT; AND APPROPRIATING $183,000. The foregoing Resolution passed by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent. 7. RESOLUTION NO. 20281 APPROPRIATING $9,961 FROM THE PARK TRUST FUND AND $6,700 FROM THE PARK BOND FUND TO SUPPLEMENT $12,290 PREVIOUSLY APPROPRIATED FOR REIMBURSEMENT TO THE GENERAL FUND FOR THE PLANNING AND DESIGN OF VARIOUS PARK PROJECTS. The foregoing Resolution passed by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent. 8. RESOLUTION NO. 20282 AUTHORIZING THE ACQUISITION OF PARCEL 2 FOR THE CITY HALL LAND EXPANSION PROJECT; APPROPRIATING $196,429 FROM THE RESERVE APPROPRIATION OF THE GAS, WATER, AND WASTEWATER FUNDS FOR ACQUISITION. The foregoing Resolution passed by the following vote: Turner, Pruet, Guerrero, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Moss voting, "No"; Berlanga absent. 9. RESOLUTION N0. 20283 AUTHORIZING THE EXECUTION OF A SIXTY-DAY CONCESSION AGREEMENT FOR A QUADRICYCLE SURREY CONCESSION ALONG THE BAYFRONT SEAWALL WITH WILLIAM BYERLEY AND CHERILYN BYERLEY, D/B/A SHORELINE SURREYS OF TEXAS. Minutes Regular Council Meeting April 26, 1988 Page 7 The foregoing Resolution passed by the following vote: Turner, Pruet, Guerrero, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Moss voting, "No"; Berlanga absent. 10. ORDINANCE NO. 20284 CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: I.H. 37 South Frontage Road from Rehfield Road to 850 feet west of the Missouri Pacific Railroad tracks; 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, Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent. 11. ORDINANCE NO. 20285 AMENDING ORDINANCE NO. 20129, WHICH CLOSED AND ABANDONED A 10 -FOOT WIDE PORTION OF SAN ANTONIO STREET RIGHT-OF-WAY, BY DECLARING VOID THE METES AND BOUNDS DESCRIPTION ATTACHED AS EXHIBIT A AND SUBSTITUTING THEREFOR A NEW METES AND BOUNDS DESCRIPTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent. 12. ORDINANCE NO. 20286 AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL LEASE AGREEMENT WITH ULTIMATE YACHT RACE, INC. TO ALLOW USE OF THE SOUTHERN PORTION OF THE L -HEAD FOR THE 1988 EVENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent. 13. ORDINANCE NO. 20287 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LOMA ENTERPRISES D/B/A DOLLAR RENT -A -CAR FOR A CAR RENTAL CONCESSION AT CORPUS CHRISTI INTERNATIONAL AIRPORT NOT TO EXCEED TEN MONTHS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent. Minutes Regular Council Meeting April 26, 1988 Page 8 14. ORDINANCE NO. 20288 CONSENTING TO THE ASSIGNMENT OF THE RAINBOW BAITSTAND LEASE FROM RICHARD L. FRENZEL TO GENE FRENCH. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent. 15. SECOND READING AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, BY AMENDING SECS. 2-80, 2-81, 2-82, 2-83, 2-84, 2-85; AMENDING CHAPTER 12, BOATS, BAYS AND WATERWAYS, BY AMENDING SEC. 12-42(1); PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent. 16. SECOND READING AMENDING THE CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI TO CHANGE THE NAMES OF THE FOLLOWING BOARDS, COMMITTEES, AND COMMISSIONS: From To Airport Board Airport Advisory Committee Animal Control Advisory Board Animal Control Advisory Committee Food Services Advisory Council Food Services Advisory Committee Library Board Library Advisory Committee Museum Advisory Board Museum Advisory Committee Park & Recreation Board Park & Recreation Advisory Committee Transportation Advisory Board Transportation Advisory Committee Mechanical Advisory Board Mechanical Advisory Committee Solicitations Commission Solicitations Advisory Committee Bay Drilling Committee 011 & Gas Advisory Committee Marina Board Water Shore Advisory Committee Cable Communication Commission Cable Communication Advisory Committee Municipal Arts Commission Municipal Arts Advisory Committee AND AUTHORIZING THE NAME CHANGE IN ALL SECTIONS OF THE CODE WHERE THE BOARDS ARE REFERENCED; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent. 17. ORDINANCE NO. 20289 AMENDING THE CITY CODE, CHAPTER 17, FINANCE AND TAXATION, BY AMENDING SECTION 17-36, LEVY OF TAXES; RATES; EXCEPTIONS: BY DELETING PARAGRAPH (C) Minutes Regular Council Meeting April. 26, 1988 Page 9 WHICH EXEMPTED RELIGIOUS, CHARITABLE, OR EDUCATIONAL ASSOCIATIONS FROM COLLECTION OF THE HOTEL -MOTEL TAX LEVY; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on third reading by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent. 18. ORDINANCE NO. 20290 AMENDING SECTION 13-1 OF THE CODE OF ORDINANCES ENTITLED "STANDARD BUILDING CODE ADOPTED; AMENDMENTS," BY AMENDING SECTIONS 3401, 3402, AND 3403 AND ADDING SECTION 3404; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION BY NOTICE. The foregoing Ordinance passed on third reading by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent. * * * * * * * * * * * * * Mayor Turner called for the discussion on softball policies and fees. Assistant City Manager Hennings noted that the issue of softball policies and fees has been before the Park and Recreation Board for the past several weeks, and two weeks ago the Board considered two issues -- 1. a proposal from the Grandstands; and 2. an overall policy discussion about cost recovery for recreation programs. He noted at that meeting the Park Board recommended that the contract with the Grandstands not be pursued, and the Board asked the staff to come back with specific recommendations about fees for softball and other services. He noted that there is a time issue involved; the next softball season starts in about two weeks; and if a change is to be implemented that would affect the next season, it needs to be done today; and if the fees are to be increased, that also needs to be done today, if it is to affect the next season. Mayor Turner referred to the Griffith Study and inquired if it addressed this issue, and Mr. Hennings noted that it does provide cost figures about the cost of providing softball leagues, and that Bob Bruner, Director of the Park & Recreation Department, will explain the basis for the recommendation. Mr. Bruner stated that when staff looked at the Griffith Study, they looked at cost recovery on a total cost package and looked at what percentage they wanted to recover. He noted that approximately $536 was close to what the total cost was for the softball program per team per season; they felt that the total cost for a softball team for eight games was about $530; that is what they used for the base line; and that is how they came up with the recommendation at a sixty percent recovery. He stated that they looked at a policy recovery on what they wanted to recover on those sports in the General Fund, and that is how they came up with $325 for a sixty -percent recovery. T Minutes Regular Council Meeting April 26, 1988 Page 10 In answer to a question from the Mayor, Mr. Bruner stated that the Park Board did give them some guidance, and that the rationale was to look at total cost. He stated that currently it costs $150 to the City and $75 to the association to pay ball, so the total cost to a team is $225. He noted that they need some policy regarding what they are going to charge for sports and that this recommendation gives them the flexibility of lowering the cost. Council Member Moss pointed out that the Council has not seen the Griffith report; they were supposed to get it; and until they review it, they should not make a final decision. City Manager Garza stated that the pertinent section of the Griffith Report dealing with this recommendation regarding softball was conveyed to the Council in their packet about a week ago. Mr. Garza noted that the Griffith Report will be presented to the Council TODAY. Mayor Turner inquired if the report recommends that the City attempt to recover full costs the first year, and Mr. Garza noted that the Griffith Study does not recommend one way or the other; it is for the City to decide; and it gives the City the data base needed to make decisions. Council Member Slavik inquired if in the information the Council was provided, is the staff recommendation that flag football remain the same, and Mr. Bruner replied that the staff is only recommending today that they change the adult softball fees. He referred to the other activities and stated that Staff needs to go back to the Park Board and get some policy of what the City wants to recover. He noted that all of these fees will eventually change, but that will take some time. Council Member Slavik inquired if it will be done in stages or if it will increase from $150 to $325, and Mr. Bruner stated that is the staff recommendation; staff looked at other cities; they ran surveys among park people; they selected sixty percent; and it is arbitrary. In answer to a question from Mrs. Slavik about why it is so expensive, Mr. Bruner stated that a good part of it goes for umpires; another is ground preparation; and he noted that about thirty percent goes into park and maintenance. After more discussion, Mayor recovery and inquired if the sixty doing, and Mr. Bruner stated that with some cities in Texas and the pretty much in line in athletics recovery. Pro Tem Pruet referred to the sixty -percent percent is the norm of what other cities are the City's fee at $325 is probably in line Eastern seaboard. He noted that the City is when you consider a sixty to eighty percent In answer to a question from Council Member Rhodes if this fee at $325 will allow the Grandstands to compete, and Mr. Bruner replied it should; they sent Minutes Regular Council Meeting April 26, 1988 Page 11 the City a contract which was not approved; and that fee started at $285 and went to $345 over a three-year period. Mayor Turner referred to the sixty -percent recovery and inquired if that is going to be the recommendation made across the board, and City Manager Garza replied that staff had anticipated that would be a major concern of the Council; staff is trying to give some objectivity to the process; and are trying to develop a form which they will share with the Council. Mayor Pro Tem Pruet noted that the need for increasing the fees is clearly understood and pointed out that the City will recover a lot more then they ever had. He noted it does allow for private competition to have a chance to compete without the strong subsidizing by the City. Mr. Dusty Adams, 5026 Middlecoff, a representative of the Softball Association, presented material to the Council and noted that they do not approve of the increase to $325. He noted that he disagrees with the $536 cost and stated that includes excessive administration costs. He noted that several months ago, the Council was given a total recovery cost of what the actual cost of running the program is and that came to $210 of actual cost, and now it is approximately $500. He noted that they do agree with an increase. He questioned the fees and inquired about the additional cost. Mr. Bruner provided a detailed explanation and noted that in the case of softball, they looked at the $210 fee; those fees primarily pay for what goes on in the Athletic Department; and he elaborated on that. He stated those were direct costs at $210 at that time, and noted that $210 is not valid. Mayor Turner asked Mr. Bruner to comment on the major discrepancy between the cost of the program between private activity and the cost of the City, and Mr. Bruner noted that primarily it will be in City overhead. He noted that it cost approximately $530 to run eight ballgames. Council Member Rhodes noted that she thought this fee would indicate that City would then be the same as the Grandstands, and Mr. Adams pointed out they will be $50.00 less, and Mr. Bruner noted that is correct; he looked at sixty percent recovery of the City cost and did not look at competition. Discussion followed and Mr. Bill Holland, 5417 Presler, a representative from the Grandstands, expressed the opinion that there needs to be an increase and it needs to be done immediately. Ms. Gwen Bryant, 5029 Merganser, urged the Council to make the decision today and don't take it as a blanket recommendation that the Park Board will make for all sports because they will all be different. Mr. Edward Hogan, 5305 Sugar Creek, President of the Grandstands, requested the Council to increase the rates without further delay and asked that T Minutes Regular Council Meeting April 26, 1988 Page 12 they be allowed to compete. He asked that the increase being considered be put into effect immediately. Ms. Rose Garst, 1442 Maryland, noted that she would like to see a copy of the Griffith Report; it should be public information; she does not think the decision should be made today to raise the fees to $325. Mr. Rodney Lee, 610 Vaky, noted that he has tried to get a copy of the Griffith Report but has not been able to. He stated that he opposes the ordinance and noted that before the Council raises the figures, they need to understand those figures. Mr. Dusty Adams spoke again and stated that they do agree to an increase of 100% of total cost; it is currently $150; the total cost is $210 which matches other cities in South Texas. He stated that they do agree to increase it $60 from $150 to $210. Mayor Turner noted that there are two cost figures in front of the Council and stated that they have to rely on the staff to provide them with the accurate current figures. She noted that the decision should be made today to allow the City to recapture sixty percent of the costs. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: 19. ORDINANCE NO. 20291 AMENDING THE CITY CODE, CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, BY AMENDING SECTION 36-8, ATHLETIC LEAGUE TEAM FEES: PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero and Berlanga absent. * * * * * * * * * * * * Mayor Turner called for consideration of the Tax Increment Revenue Certificates of Obligation. City Manager Garza stated that after consulting with the Bond Counsel, this Ordinance can be approved under three readings since the actual bonds will not be sold until after the lawsuit is resolved. Mayor Emeritus Luther Jones urged the Council to pass the ordinance as expeditiously as possible. He noted that the City had a bond election in 1986, and 59 percent of the people who voted voted in favor of the aquarium. Mayor Minutes Regular Council Meeting April 26, 1988 Page 13 Sones stated he did not know of very many issues that are as important as this one to the City of Corpus Christi. Ms. Peggy Clark, 3333 Floyd, Vice President of the Texas State Aquarium Association in Charge of Special Events, spoke in favor of the aquarium and urged the Council to work with the association to make this a reality. Pat Suter, 1002 Chamberlain, stated that she is for the aquarium. She noted that the perception in the community is that what the Council has done is unfair awarding one person on North Beach ten times the assessed value for his property and not wishing to pay any other people the taxable value of their property. She noted that everyone should get an equal deal. She stated that what they are considering is raising taxes to pay for a $10} million security of Tax Reinvestment Zone Bonds which have not been approved by the voters. Mayor Turner pointed out that this aquarium project will be paid for, as long as it is possible, from funds generated from the tax increment district. Mr. Gordon Landreth, 1309 Sea Lane Drive, stated that Corpus Christi needs this aquarium and the Council should move on it now. Mr. Irving Dietz, 455 Miramar, noted that he has not yet read the ordinance and questioned Mayor Turner's statement about payment of the bonds which are now referred to as Certificates of Obligation, coming solely from the Tax Increment Zone. He questioned the words "on all taxable property" which are in the caption of the ordinance, and Mayor Turner noted that it is an insurance policy, and one does not know for sure what will occur in the zone. City Manager Garza stated that any time the City pledges its full faith and credit of the City, you make one decision which is one of the few that you can make that binds future Councils, and that is that you levy a tax and you make a promise to levy taxes, if necessary, to retire those bonds. He stated that in this case, the revenue from the Reinvestment Zone from the present taxable appraised value is sufficient to pay off the debt service of the bonds that the City is going to sell. Mr. Dietz inquired if this conforms to the Reinvestment Zone Act of 1981 and the Financing Act of Chapter 311 and stated that nothing is said in either of these acts about Certificates of Obligation. He stated there is a requirement for certain stipulation upon bonds and notes. He inquired if Certificates of Obligation are covered in the Reinvestment Zone Act, and City Manager Garza stated that the Certificates of Obligation are City of Corpus Christi obligations, and the City is pledging the full faith and credit of the City to bring the borrowing rate down. Mr. Dietz inquired if the City has assurance that this will be supported by taxes solely from the Reinvestment Zone, and Mr. Garza replied in the affirmative. Minutes Regular Council Meeting April 26, 1988 Page 14 Council Member Rhodes referred to a concern of a phrase in the Ordinance pertaining to "junior liens," and Mr. Garza stated that the City believes that the Reinvestment Zone tax base will grow; there may be a project in the future that a future Council may want to finance from the cash flow; and that is the reason for that language. He stated it would give the future Council the option should the financing be created to float more bonds. Council Member Rhodes inquired if the obligation bonds would be guaranteed to be paid before the next Council funds something out of the Reinvestment Zone and then the Council would be forced into a position of levying taxes to support the aquarium, and Mr. Garza replied legally the City could not do that. Mr. Douglas Mobley, 4033 Bradford, referred to a request to be furnished a petition regarding Ordinance 20257 in the event the Council does not take action today to reconsider or rescind the above ordinance. He questioned how the City can solicit or sell anything that they don't own. Mr. Tom Matthews, 6209 Bourbonais, spoke in support of the aquarium, and noted he is amazed at the ability of a small local group to get the attention of the media and the City Council and obstruct what people are trying to achieve for the betterment of Corpus Christi. He stated it is time for the rest of the citizens in Corpus Christi to stand up in vocal opposition. Mr. J. E. O'Brien, 4130 Pompano, stated that the aquarium is fast going downhill. He referred to two issues: 1, the Resolution appointing First City Bank as the paying agent registrar for these funds and referred to Section 102 Compensation where it refers to the fees and the amount that the City is going to have to pay to the bank for their acting as the agent. He read an excerpt from the section and stated that he did not think the Council received a copy of Annex "A" and asked what the fees are that will be charged. He referred to the second paragraph in the same section which refers to additional expenses that the City is going to pay to the bank and he elaborated on that. He inquired if the City is going to pay for the work Mr. Bell did in developing the Financing Plan. Mr. O'Brien referred to the Ordinance and urged the Council to put it on the ballot for the people to decide. Council Member Slavik noted that she did not receive a copy of "Attachment A" and City Manager Garza noted that it will be provided to the Council. Mr. Garza pointed out that it is normal to pay fees to the bank. Ms. Sarah Graham, 7005 Ashdown, spoke in favor of the aquarium and noted that people are tired of the harassment that continues from a certain element from the City. She stated that she supports Mr. Matthews in everything he said. Mr. Lewis Lovelace, 1549 Casa Grande, referred to certain people and expressed appreciation to them and those who try to keep everyone on the straight and narrow and try to do things that are honest and fair. Minutes Regular Council Meeting April 26, 1988 Page 15 Mr. David Saenz, 1430 17th Street, requested that the vote for the aquarium go before the people. Mr. Raymond Hasker expressed the opinion that it is not a good contract and insinuated that the people are being lied to. He referred to the 15 lawyers on staff and noted that they should be replaced because they are not providing legal advice. He implied that one year after the aquarium is in, the taxpayers will be asked to pay for it. Mr. Steve Hayes, 1766 Starcove, Mr. Charlie Leroy, 2426 Scotch Moss, and Mr. James W. Bowman of Portland, representatives of the Board of Trustees for the aquarium, spoke in support of the aquarium. Mr. Jack Graham expressed the opinion that if some people want a tax referendum, let them pay for it, because the working people are tired of paying for referendums. Mr. Berney Seal, 209 Bayside, begged the Council to pass this Ordinance pertaining to the aquarium and asked the Council to make a stand for the entire community. Mr. Gary Bushell, 6402 Oakbrook, representing the Economic Development Corporation, commended the City staff for the aggressive way they are dealing with the most recent obstacle in reference to the aquarium. Mr. Bushell spoke of the importance of the aquarium to the community and urged the Council to move quickly on it. Mr. John Dorn, 210 Jackson Place, President of the Texas State Aquarium Association, stated he is amazed at how certain citizens have skepticism for this particular project and noted that there is no one benefiting from this project who represents the Texas State Aquarium. He noted that this project is for all of Corpus Christi. He stated there is nothing to hide, and if it is delayed any longer, the entire City will be the loser. He stated it is a pure and simple project in which everyone is the winner. Mr. Leon Perez, 904 Buford, implied that the aquarium will cost a lot more than $10 million. Council Member Slavik referred to Pages 19 and 20 in the agreement and stated she is concerned about Section 17 and 18. She noted that the idea was to have the revenues flow from the Reinvestment Zone to pay the $10 million for the aquarium. She noted that this section can legally be deleted, and expressed the opinion that she thought it should be, as a show of good faith to the citizens. City Manager Garza noted that it could be deleted and the City could sell the bonds. He stated if the section were to be deleted, it would rule out any future financing should the financing capacity develop. T Minutes Regular Council Meeting April 26, 1988 Page 16 Council Member Rhodes inquired if the section were deleted if it could be undone, and Mr. Garza replied that it could not; once the City has sold the bonds, they have made a covenant with the people who lend the money until the bonds are retired. He stated that for the purpose of selling more bonds, he would not recommend it. Council Member Slavik inquired when the staff received the first draft from Fulbright and Jaworski and why it was so late, and Mr. Garza replied that they received it on Friday and stated that the practice when bonds are sold is to present the ordinance to the Council on the day the bonds are sold. He stated that the City is pricing the bonds the day before it is brought to the Council. He noted that because of the litigation, the actual bond sale will not occur until after the lawsuit is resolved. Mayor Pro Tem Pruer n r ,j -hnr the agi=enent does say that the Reinvestment Zone will apply revenues to the aquarium bonds first, but there are provisions whereby the City can have additional expenditures, as long as the City has in the Reinvestment Zone receipts, sufficient dollars to meet these obligations. He noted that the City would not have, without breaking the full faith and credit of the City, the leeway of spending Reinvestment Zone dollars on other projects and fail to meet the obligations of the aquarium first. Mayor Pro Tem Pruet stated that he thought there is a lot of confusion about the provision in the agreement; he thinks it is a good provision; and there was never any intent that this be the only project that the Reinvestment Zone funds could be used to benefit the City. Mayor Turner noted that she is confident that responsible Ordinance and emphasized how important City Secretary Chapa polled the Council for Ordinance was passed on first reading: 20. FIRST READING this is legally a correct and the project is to the City. their votes and the following Authorizing the issuance of "CITY OF CORPUS CHRISTI, TEXAS, COMBINATION TAX AND TAX INCREMENT REVENUE CERTIFICATES OF OBLIGATION, SERIES 1988 (TAX INCREMENT FINANCING ZONE PROJECT)"; levying an ad valorem tax upon all taxable property in the City and pledging tax increment revenues from the Tax Increment Fund of Corpus Christi Reinvestment Zone No. 1 for the payment of said Certificates; specifying the terms and features of such Certificates; approving an escrow agreement relating to the disposition of the proceeds of such Certificates (including approval of the form of Purchase Agreement attached to such escrow agreement); and resolving other matters incident and related to the issuance, sale, security, payment and delivery of said Certificates. The foregoing Ordinance was passed on first reading by the following vote: Turner, Pruet, Moss, Rhodes, Schwing and Strong voting, "Aye"; Slavik voting, "No"; Guerrero and Berlanga absent. Minutes Regular Council Meeting April 26, 1988 Page 17 * * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 21 pertaining to the Resolution authorizing retaining the law firm of Fulbright & Jaworski in reference to the Certificates of Obligation. Mayor Turner called for questions from the Council and audience and there were none. City Secretary Chapa polled the Council for their votes and the following Resolution was passed: 21. RESOLUTION NO. 20292 AUTHORIZING RETAINING LEGAL COUNSEL, AUTHORIZING LEGAL PROCEEDINGS TO VALIDATE A SERIES OF CERTIFICATES OF OBLIGATION AUTHORIZED TO BE ISSUED BY THE CITY OF CORPUS CHRISTI, TEXAS, AND OTHER MATTERS RELATING THERETO, AND AUTHORIZING AND DIRECTING THE MAJOR, CITY MANAGER, AND SUCH OTHER OFFICERS AND EMPLOYEES OF THE CITY OF CORPUS CHRISTI AS ARE NECESSARY AND APPROPRIATE TO EXECUTE ALL DOCUMENTS, AFFIDAVITS, AND OTHER PAPERS NECESSARY TO THE INSTITUTION AND PURSUIT OF SUCH LEGAL PROCEEDINGS. The foregoing Resolution passed by the following vote: Turner, Pruet, Moss, Rhodes, Schwing and Strong voting, "Aye"; Slavik voting, "No"; Guerrero and Berlanga absent. Mayor Turner declared a five-minute recess at 4:10 p.m. * * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting and called for the City Manager's Report. City Manager Garza presented material to the Council including the Griffith Report and newsclippings pertaining to the Ultimate Yacht Race. Council Member Moss inquired about City preparations for the Yacht Race, and Assistant City Manager Hennings noted that the Ultimate Yacht Race has a staff in Corpus Christi; the Marina Superintendent has been working with them very closely; along with the Police, Street and other City departments preparing the plans for the initial kick off. Mayor Turner called for liaison and other reports from the Council. Convention & Visitors Bureau - Mayor Pro Tem Pruet noted that the Bureau is extensively marketing the Ultimate Yacht Race. Council Member Rhodes referred to a difference of opinion between the Library Board and the Municipal Arts Commission. She asked if the Council had any objections noting that she is attempting to resolve the issue and has Minutes Regular Council Meeting April 26, 1988 Page 18 arranged for a meeting between herself and representatives from both Boards to see if they can reach a compromise. Mrs. Rhodes noted that she was asked to speak to the Council about better enforcement of the forbidding of vehicles parked on medians and referred to the Bucaneer Fireworks where vehicles were parked on the medians. Mayor Pro Tem Pruet referred to a luncheon next Tuesday sponsored by the Economic Development Corporation and the Chamber of Commerce in which Senator Lloyd Benson will be the guest speaker. He urged that the Council attend as a body and suggested that the City Secretary's office make joint reservations. Council Member Slavik made another request for "Attachment A" and City Manager Garza noted that she could receive it today but he would like one of the Assistant City Managers to prepare a memorandum to go along with it, and it was decided that it will be provided to the Council in the Thursday packet. Council Member Slavik referred to Item No. 21 and inquired about the cost and who will pay for it, and City Attorney George stated that the staff does not really know what the cost will be; litigation is billed on an hourly basis; Fulbright & Jaworski estimated the fee to be about $15,000 for the full litigation; and noted that he and Assistant City Manager Utter think it will be closer to $30,000-$40,000. Assistant City Manager Utter stated that the attorney fees on this litigation will be part of the bond issue and explained that in essence, the City will be paying the fee, and Mr. George stated that the City will attempt to collect it against the plaintiffs. Council Member Slavik expressed the opinion that she would prefer that this be done in-house, and Mr. George replied if it were not so important a project, he would have been eager to do it. Council Member Slavik inquired if the City encourages various qualified legal and bond firms to bid on all bond sale work, and City Manager Garza replied the City does not and explained the procedure. He stated that the City has traditionally used the firm of McCall, Parkhurst and Horton; he prefers to use the same firm with an eye on the cost figures just for the sake of stability. Council Member Slavik inquired if the City would do better if the work was passed around, and Mr. Garza replied probably not. Council Member Strong referred to last week's agenda and requested a clarification regarding the Resolution dealing with the Kennedy Causeway Advisory Committee. She noted that she received a call from the Land Office asking for clarification on exactly what the Council voted on. She noted that in the Resolution that was passed, the wording set up the committee and outlined the three policy statements. She stated she remembers the Council discussing Minutes Regular Council Meeting April 26, 1988 Page 19 the phasing issue and discussing releasing the General Land Office to allow them to begin negotiations for the Red Dot Lease. She stated that according to the Minutes and according to the Resolution, there is no indication that the Council voted on anything other than the committee and the three policy statements. She noted that she was under the impression, until she looked at her Minutes, that the Council discussed and passed all of those issues that were recommended. Mrs. Strong continued by stating that if, in fact, the Council did, the City needs something that reflects that. She noted that someone from the Land Office will meet with Assistant City Manager Hennings tomorrow. She noted that they were very unsure about what the Council passed and are ready to begin negotiations on that lease, but felt like their hands were tied until they understood what the City had actually done last week. Assistant City Manager Hennings noted that the item about the Red Dot Baitstand was not included in the Resolution; and that will come back to the Council when staff figures what action is needed to do what the land office wants. Council Member Strong inquired if the Council didn't vote informally in discussion session to allow the City to begin negotiations with the Land Office, and Mr. Hennings replied that two weeks ago it was the Council's intent to go ahead and agree to the request that Mr. Boettcher made. Mayor Turner requested written clarification of what did occur, and Mrs. Strong asked if something written could be provided to Mr. McElroy for tomorrow's meeting. Mr. Hennings stated that Mr. Boettcher noted that there were four points he wanted dealt with; the Resolution took care of two of those; one of the other two was the Red Dot Baitstand; it will be dealt with at tomorrow's meeting; the other was some kind of a rent abatement procedure; and that is to be worked out at some point in the future, but there has been no action taken on that. Council Member Strong stated she believed they did address this as a Council and stated it could be something that would be included as a consideration and asked if that was correct, and Council Member Rhodes replied in the affirmative. Mr. Hennings stated that next week the Council will take up the appointments to the Steering Committee, and Mrs. Strong noted that the Council did not discuss the process for making appointments to the committee and asked how that would be done, and Mayor Turner stated that she thought it important that there is certain representation on that committee, and requested a list of individuals recommended for that, and City Secretary Chapa noted that was done on Thursday and referred to his April 21 memo from which he read an excerpt. Mr. Chapa stated that he sent the Council copies of membership for the different Boards and Commissions mentioned. T Minutes Regular Council Meeting April 26, 1988 Page 20 Council Member Strong inquired if the Council will make the nominations or if the Mayor will make the recommendations with Council concurrence, and Mayor Turner stated that she would like to see the Council do it, but she wanted to make sure the bases are covered, and there is representation from the groups. Mrs. Strong noted that a gentleman from San Antonio, Mr. Rudy Rodriguez, who serves on the Riverwalk Committee, is dealing with the Land office on one of those leases and has experience on this type of a Citizen's Commission. She stated that his recommendation to her was that they have actual business people who have businesses in that area to serve on that committee. She also noted that Mr. Rodriguez has volunteered to serve as an ex -officio member or in any way he can to offer his expertise. Mayor Turner requested that a list be sent out of the groups that need to be represented with some recommendations, and she asked the Council to provide their recommendations. Mayor Turner requested the City Manager's assistance in this matter. City Secretary Chapa inquired if this is to be scheduled for next week, and Mayor Turner replied in the affirmative. Mr. Chapa referred to the Quincentennial Committee and asked if that could be scheduled for appointments next week, and Mayor Turner replied in the affirmative and noted that Mr. Bonilla had some pretty strong recommendations of who he would like included on that committee. She suggested that Mr. Chapa contact Mr. Bonilla and ask him for some recommendations. * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Irving Dietz, 455 Miramar, noted that he has a pet peeve being when he writes some checks, they go out of town and the money leaves the City. He suggested that payments be received locally because he would like to see the money stay in the City. He encouraged the City Council to think about keeping money in the City and requiring the franchise holders to deposit funds received from local customers in local banks. Council Member Slavik inquired if the City has ever encouraged this, and City Manager Garza replied he is not sure that can be done; staff will check it out; and it is an idea worth looking into. Mr. Lewis Lovelace, 1549 Casa Grande, stated he cannot understand when there are fifteen paid attorneys on the City staff that the City has to hire out of town law firms to represent the City, referring to the contract with the Texas State Aquarium bond financing. He stated that if the legal staff cannot do the job, why not fire them and hire someone who can. Mr. Lovelace referred to the first reading of the Ordinance today regarding the aquarium and noted Minutes Regular Council Meeting April 26, 1988 Page 21 that he thought it is a bad contract, and that the Council should give all of the facts to the public on the contract so that they could vote on it. Mr. J. E. O'Brien, 4130 Pompano, stated he is disappointed because it has been the normal procedure to ask for comments from the audience prior to voting on any agenda item. He referred to the pending lawsuit the City has and how an out-of-town law firm has been hired. He quoted from the City Charter the responsibilities and duties of the City Attorney and asked if the City Attorney had given a written request to the City Manager, and City Manager replied that Mr. George did not in this particular case, but that they have discussed this with him and the City Council. Mr. Terry Whitmire, Brownsville Road, referred to a letter from Mr. Elizondo concerning the recommended Task Force. He noted that the intent of the Task Force, with the modifications suggested by Mr. Elizondo, would dilute the effectiveness of the Task Force and he explained the intent of the Task Force. Mr. Whitmire made comments about Mr. Elizondo's suggestions, and it was the suggestion of the Council that Mr. Whitmire respond with his recommendations in writing, noting that there will be an opportunity to discuss it. Mr. Whitmire referred to an item that he would like to see placed on the agenda concerning the limited electrical licenses in various fields, noting that there are people who are violating the permit procedure. Mr. John R. Baldree, President of Progressive Structures, noted that a bid notice was posted on March 10 for a design -built project; their proposal was then prepared with the understanding that the bids would be evaluated and a contract awarded by mid-April; the bid was submitted on April 8; and to date the bids have not been opened. He noted that with all the combined costs required to bid this type of project, they are requesting that the City proceed with the opening and evaluation of the bids as soon as possible. City Manager Garza stated that the Staff is reviewing this matter and will bring it to the Council to get them to officially reject the bid and he offered a detailed explanation. Mr. Raymond Hasker, 1813 Wallace, inquired if anyone has tried to find out the person who altered the letter from Fulbright & Jaworski and asked the City Manager who authorized the change of the letter to begin with. City Manager Garza noted that the author of the letter, Mr. Morrow of Fulbright and Jaworski, authorized the amendment of the letter, and he has a record of the conversation requesting the removal of that line from the letter. Mr. Jim Wealth, representing the Corpus Christi Dental Plan, noted that they have approached the City for the past three years and their efforts have been in vain. He requested permission to bring up some specifications on a dental program for the City that can be put up for bids at no cost to the City but on a voluntary basis. Minutes Regular Council Meeting April 26, 1988 Page 22 City Manager Garza noted that he has directed Assistant City Manager Andrews and her staff to prepare a plan regarding a cafeteria plan of benefits and noted that this is being done. Mr. David Saenz, 1430 17th Street, requested the Council's help regarding police manpower matters, and stated that he would like to see at least the same amount of people replaced that the City has lost. City Manager Garza noted that the City discontinued a long-standing practice they had in doing the academies in anticipation of a turnover in the Police Department. He stated that he would like to reinstitute that practice; he is working on it; and it will be brought to the Council along with the Budget proposal. An unidentified woman spoke in reference to problems in the Gardendale area concerning dirt on the medians, and City Manager Garza stated he will refer her to the correct department. At 5:35 p.m. the Council went into closed session in accordance with Article 6252-17, Section 2(e) of V.A.C.S. to discuss personnel. Mayor Turner reconvened the Council Meeting at 6:25 p.m. and there being no further business to come before the Council, she adjourned the Council Meeting at 6:30 p.m. on April 26, 1988. * * * * * * * * * * * * * * T 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 April 26, 1988 which were approved by the City Council on May 3, 1988. WITNESSETH MY HAND AND SEAL, this the 2 6 �- day of imay l Y Armando Chapa, City ecretary City of Corpus Christi Betty Turner, MAYOR