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HomeMy WebLinkAboutMinutes City Council - 05/10/1988PRESENT Mayor Betty Turner Mayor Pro Tem Bill Pruet Council Members: David Berlanga, Sr. Leo Guerrero Clif Moss Mary Rhodes Frank Schwing Mary Pat Slavik Linda Strong MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 10, 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 Council Member Berlanga following which the Pledge of Allegiance to the Flag of the United States was led by Council Member 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 Strong that the Minutes of the Workshop and Regular Council Meetings of May 3, 1988 be approved as presented; seconded by Council Member Slavik and passed unanimously. Mayor Turner acknowledged Mr. Toby Darden, Organizer of the Ultimate Yacht Race, who stated that the race is receiving International coverage and invited the Council to the Bayfront to join in the festivities. Mayor Turner recognized Mr. & Mrs. Trevor Rogers. Mr. Rogers is a Council Member from Aukland, New Zealand, who is a participant in the Ultimate Yacht Race. Mr. Rogers briefed the Council on some differences in Council procedure between New Zealand and Corpus Christi and presented Mayor Turner with a special plaque from the City of Aukland, New Zealand, and Mayor Turner presented Mr. Rogers with the official seal and key for the City of Corpus Christi. MICROFILMED Minutes Regular Council Meeting May 10, 1988 Page 2 Mayor Turner acknowledged Ms. Mary Daniel, Marketing Director of Humana Hospital, and presented her with a Proclamation designating May 8-14, 1988 as "Fitness Walking Week." Ms. Daniel informed the Council that Humana Hospital will be hosting a "Walk with Your Doc" on May 14. She invited the Council to participate and presented them with T-shirts and registration forms. Mayor Turner recognized Mr. Jack Ratkovic, Chairman of the Senior Community Services Advisory Committee, and presented him with a Proclamation honoring Senior Citizens of Corpus Christi. Mr. Ratkovic invited the Council to a senior citizens' picnic on May 21, noting that there will be a senior citizens' beauty contest featured. Mayor Turner acknowledged Commander Otis Bell and Chief Robert Olson of the Police Department and presented them with a Proclamation designating May 11-15, 1988 as "National Police Week" and May 15, 1988 as "Police Memorial Day." Commander Bell introduced civilian employees and officers of the Police Department. Mayor Turner referred to the Board and Committee Appointments and specifically, to Item 10 concerning the Airport Advisory Committee. Council Member Pruet suggested delaying appointments to Airport Advisory Committee until after passage of the three -reading ordinance increasing the membership. A motion was made by Council Member Strong to postpone the appointments of the Airport Advisory Committee until the ordinance has passed. The motion was seconded by Council Member Moss and passed unanimously. A motion was made by Council Member Rhodes to amend the Water Shore Advisory Committee ordinance and requiring specific areas of expertise for the three remaining positions on the committee including such areas as marine biologist and environmental interest; the motion was seconded by Council Member Guerrero and passed by the following vote: Turner, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik, and Strong voting "Aye"; Pruet voting "No." (M88-0108) Motion was made by Council Member Slavik to delay the appointments to the Kennedy Causeway Advisory Committee for one week, but to adopt the following categories: 1 - Flour Bluff/Padre Island Business Association, 1 - Island Planning Foundation, 1 - Developer, 1 - Environmental Interest, and the ex -officio members without vote, the Mayor, Council Member from District 4, representative of the State Department of Highways and Public Transportation, and representative from the General Land Office. The motion was seconded by Council Member Guerrero. (M88-0101) Amendment to the motion was made by Council Member Leo Guerrero to include three non-voting members from the community at large; the motion was seconded by Council Member Rhodes; and passed unanimously. r r Minutes Regular Council Meeting May 10, 1988 Page 3 Mayor Turner polled the Council for their vote on the amended motion to delay for one week and adopt the categories: Turner, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik, and Strong voting "Aye"; Pruet voting "No." The following appointments were made by the Council: Board of Adjustment Transportation Advisory Committee Walter DeVille (Reappointed) Dr. Miriam Wagenschein (Reappointed) Michael T. Yuras " Fred Braselton Ralph Krause " Barry Pillinger Ramiro Gamboa John R. Dykema Julius M. Rosenberg (Alternate) Henry M. Sapp It Water Shore Advisory Committee Sister City Committee Quenten Cook (Reappointed) Charlene Forest Charles West Scott Skinner to John Stensland Robert Gross Ted Cheng Chang The Council decided to postpone appointments to the Coastal Bend Health Facilities Development Corporation, Housing Authority, Human Relations Commission, and the Mechanical Advisory Committee for one week. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 thru 3. There were no comments from the audience on the Consent Motions. A motion was made by Mayor Pro Tem Pruet to approve Motions 1 thru 3; seconded by Council Member Guerrero and passed unanimously. 1. M88-0102 Approving the purchase of 24,800 feet of copper pipe, sizes 3/4"-2" from Noland Company based on the low bid of $30,100. The pipe will be used primarily by the Water Division and stocked in the Warehouse. 2. M88-0102 Approving the purchase of a transfer prover from Dresser Industries, Inc. based on the low bid of $19,850. The transfer prover will be used by the Gas Division to check the accuracy of large volume gas meters. 1 Minutes Regular Council Meeting May 10, 1988 Page 4 3. M88-0103 Awarding a contract in the amount of $41,893 to A. Ortiz Construction and Paving, Inc. for parking lot improvements in the area of Cole Park opposite Oleander Street. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings on Items 4 thru 10, and a Council Member requested that Items 6 and 10 be withheld for discussion. There were no comments from the audience on the items. City Secretary Chapa polled the Council for their votes and the following were passed: 4. RESOLUTION NO. 20299 APPROVING THE DEVELOPER'S APPLICATION AND AUTHORIZING REIMBURSEMENT IN THE AMOUNT OF $1,127.13 TO THE GREENWOOD CONGREGATION OF JEHOVAH'S WITNESSES, DEVELOPER OF LOT 1-E, BLOCK 2, SOUTHLAND ESTATES SUBDIVISION, FOR THE OVERSIZING OF APPROXIMATELY 211 LINEAR FEET OF 10 -INCH DIAMETER SANITARY SEWER LINE AND APPROPRIATING $1,127.13. The foregoing Ordinance passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 5. ORDINANCE NO. 202300 AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH COUNTRY CLUB ESTATES ASSOCIATION, INC. TO ALLOW UNDERGROUND ELECTRICAL CABLES TO CROSS THE PUBLIC RIGHTS-OF-WAY OF LONG MEADOW DRIVE AND WOOLDRIDGE ROAD AT THE ENTRANCES TO THE SUBDIVISON; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 7. ORDINANCE NO. 202302 AMENDING THE MASTER SANITARY SEWER PLAN, SHEETS 32 AND 36, BY TRANSFERRING AN APPROXIMATE 310 ACRE AREA ALONG OLD BROWNSVILLE ROAD SOUTH OF PADRE ISLAND DRIVE FROM SERVICE AREA 18 TO SERVICE AREA 19, AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting May 10, 1988 Page 5 The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 8. FIRST READING AMENDING THE PLUMBING CODE, ADOPTED BY ORDINANCE NO. 19258, BY AMENDING PARAGRAPH 104(d) TO PROVIDE FOR THE PLACEMENT OF A 4" WYE TYPE CLEAN OUT AT THE JUNCTION OF THE BUILDING SEWER TO THE SANITARY SEWER MAIN AND DELETING THE 15' RULE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 9. FIRST READING CHANGING THE NAME OF THE PORTION OF MINNESOTA STREET EXTENDING FROM OCEAN DRIVE TO CORPUS CHRISTI BAY, IN PORT ARANSAS CLIFFS SUBDIVISION, TO AIRHEART POINT. The foregoing Ordinance was passed on first reading by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. In reference to Item No. 6 pertaining to the South Padre Island Drive - Airline Road to Oso Bay Bridges, Council Member Slavik inquired about the target final completion date, and Victor Medina, Engineering Services Director, replied that the completion date of this project will be approximately December, 1988 or the beginning of 1989. In reference to Item No. 10 pertaining to the Airport Advisory Committee, Council Member Slavik inquired when the Council voted to expand this Board, and City Secretary Chapa replied that this was a request from the Mayor to be put on the agenda. There were no questions from the audience on Items 6 or 10. City Secretary Chapa polled the Council for their votes and the following were passed: 6. ORDINANCE NO. 202301 AMENDING ORDINANCE NO. 19090 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREET: South Padre Island Drive (S.H. 358), from Clare Drive to the north end of the Oso Bay Bridges near Porter Street; AND DECLARING AN EMERGENCY. 1 Minutes Regular Council Meeting May 10, 1988 Page 6 The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 10. FIRST READING AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, DIVISION 16, AIRPORT ADVISORY COMMITTEE, SECTION 2-175, BY INCREASING THE NUMBER OF MEMBERS FROM SEVEN TO TEN; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 11 pertaining to the Master Sanitary Sewer Plan Amendment Old Brownsville Road/Padre Island Drive Area. A motion was made by Mayor Pro Tem Pruet to delete the Trunk Sewer 18E -Old Brownsville Road crossing installation project from the 1982 Capital Improvements Program. The motion was seconded by Council Member Strong and passed unanimously. (M88-0106) 5 Mayor Turner called for consideration of Item No. 12 pertaining to the Building Inspection Department Ad Hoc Task Force. City Manager Garza requested that this item be held one week in order for the staff to provide the Council with a recommendation on the composition of the Board. He noted that staff did not have any strong opinion except for one area and felt there should be representation on the committee from the general public to provide consumer protection. Assistant City Manager Elizondo noted that staff would like for the mission statement to be clear and concise and have a timetable that would cause action, noting that 180 days is acceptable. He noted that the mission statement should be something that would lead to effective, efficient and continuous code enforcement which would be fair and equitable to the consumer. After discussion on this item by the Council Members, a motion was made by Council Member Rhodes to appoint the Building Inspection Department Ad Hoc Task Force; to appoint Mr. Terry Whitmire as Chairman; and have Mr. Whitmire work out the details with Assistant City Manager Elizondo. The motion was seconded by Council Member Guerrero and passed unanimously. (M88-0106) Council Member Strong noted that the task force should not be limited, so that as issues come forward which seem appropriate for them, to at least give some sort of advice on, that they have the freedom to do that. She stated that Minutes Regular Council Meeting May 10, 1988 Page 7 another issue that is important is one-stop shop where permitting building is something that is different, flows well and actually encourages growth and development. Mrs. Strong noted that Mr. Whitmire's recommendation that various building trades and organizations be represented actually provides the opportunity for one representative from an organization to go back to the organization and disseminate the information which is being discussed at the task force level. Mr. Terry Whitmire presented information tasks of the task force including time frames Mayor Turner called for consideration recommendation to proceed with the Public Project. to the Council concerning specific for those items. of Item No. 13 pertaining to the Safety Radio Communication System Council Member Slavik expressed concern about the amount of money to be paid to the consultant for the presentation to the Council. She noted that other consultants have appeared before the Council and have not charged anything. City Manager Garza noted that this is a contract for the duration of the project, and that there is an hourly rate for the employees who are involved in the project, noting that there are travel, meal and room costs. Dan Hobbs, Management and Budget Director, stated that it is the staff's judgment that the work performed by the Raymond C. Trott Company was outside the scope of the contract. He noted that the company presented their report in January; the City interrupted that program; the City stopped it and introduced some new discussion. He noted that they came to the City on short notice, and that the most recent consultation was a full scale briefing on systems and alternatives. Mr. Hobbs noted that the City has not paid any money yet, and noted that the City has received full services for the additional amount of money. Council Member Rhodes expressed concern and noted that the charge should fall within the category of the $98,000. City Manager Garza stated that the City can revise the scope of the contract and that he would try and negotiate with them. Council Member Guerrero expressed the opinion that it was not a good report, and that the Council has lost confidence in the ability of the consultant. He inquired if they could be paid off, dropped as the consultant and someone new hired, and City Manager Garza replied it could be done, but that it probably will be more expensive, and Mr. Hobbs stated that at this point, the City is under no obligation to spend any more than the $19,000 already spent. Council Member Schwing referred to the consultant and stated that he is supposed to be a communications expert, noting that he did not understand the 1 Minutes Regular Council Meeting May 10, 1988 Page 8 consultant's report. Mr. Schwing noted that the first presentation should have been included in the $1900 because it was the conclusion of Phase I, noting that the Council requested a second report because they did not understand the first one. In answer to a question from Council Member Schwing, City Manager Garza noted that the staff had a four-hour meeting with Mr. Mike White concerning definitions, and stated that he would hate to have a police officer design the system as far as the technical aspects are concerned. Mr. Garza stated that Mr. White has a very personal interest in the matter, and that his interest would be not to get a new system. Council Member Schwing stated that he has not heard anyone from the Police Department or anyone involved in the selection say that they do not want the trunking public safety system. After more discussion, Council Member Moss expressed the opinion that the consultant presented a poor report and did not know how to communicate. Council Member Strong stated that she has a problem with a contract which did not allow for the consultant to make presentations to the Council as part of the base consultation fee. She noted that if the contract was drawn up incorrectly, the blame should go to the staff and not the consultant. She stated that the City needs to make their directions toward future contracts a more clear, and expressed the opinion that the consultant took a complicated issue and made it very easy to understand. Mrs. Strong noted that they already performed the work; it was approved by the staff; and it would be in poor taste not to pay them for work already done. Council Member Rhodes inquired if the City could indicate that they are purchasing just $98,000 worth of consulting services, and City Manager Garza stated that he will pay the firm from the $98,000 authorization and try to renegotiate the contract to modify the scope of services. Council Member Slavik expressed concern about the entire matter and inquired if Phase III could be deleted, and City Manager Garza pointed out that the Council actually approved Phase I, II and III of the contract several months ago. He noted that they did not approve the joint venture with the RTA and the additional billing, and he explained the intent of the project. Mr. Hobbs pointed out that when the City sent out the request for proposals, the ranges received included a low of $40,000 to a high of $220,000. He stated that a representative of the Johnson Company indicated to him that the the City had hired one of the best consultants in the country. Mayor Pro Tem Pruet pointed out that the City is working jointly with the RTA on this project, and that the agreement for cost sharing would save the City approximately $200,000, and that the City should honor a contract it has entered into. He inquired if the RTA had any additional information that the City has T r 1 Minutes Regular Council Meeting May 10, 1988 Page 9 not been exposed to, and City Manager Garza replied that the RTA had a less complete briefing. After more discussion, Council Member Rhodes inquired if there will be additional bills after each phase, and City Manager Garza replied in the affirmative, and that they will bill the City for the work that is actually done within the scope of the contract, and Mr. Hobbs noted that they have an obligation to make presentations to the City throughout the program, and that the City can schedule the presentations when they are in town. Council Member Schwing stated that the City should be very careful not to combine Phase II and Phase III because Phase II is designing the system and Phase III is preparing procurement documents. He inquired if this could be taken one step at a time, and City Manager Garza replied that is what they will be doing and he explained the natural sequence of events. Mayor Turner inquired if Chief Olson is satisfied with the needs which have been identified, and Chief Olson replied in the affirmative, and that he is pleased with the Trott Company. He noted that the initial Needs Assessment, in reference to the old system, was right on the money. Mayor Turner suggested that when the specifications are developed that a public hearing be held so that anyone interested can participate, and City Manager Garza noted that it will be a pre -bidders' conference, and Mayor Turner suggested that it be enlarged slightly so that anyone interested can come forward. A motion was made by Mayor Pro Tem Pruet to approve proceeding with the Radio Communications System Project and authorizing the City Manager to enter into an Inter -Local Agreement with the Regional Transit Authority for a radio communications system. The motion was seconded by Council Member Strong and passed by the following vote: Turner, Pruet, Moss, Rhodes and Strong voting, "Aye"; Berlanga, Guerrero, Schwing and Slavik voting, "No." (M88-0107) * * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 14 pertaining to the Airport parking hourly rate increase. There were no comments from the audience on this item. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed on first reading: 14. FIRST READING AMENDING THE CITY CODE, CHAPTER 9, AVIATION, SECTION 9-35.1, PARKING RATES, BY INCREASING THE PARKING RATES BY 10 CENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting May 10, 1988 Page 10 The foregoing Ordinance passed on first reading by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 15 pertaining to the Certificates of Obligation Ordinance. City Manager Garza noted that a memorandum from City Attorney George was presented to the Council and copies provided to the audience in reference to concerns expressed at last week's Council Meeting. He noted that there was a concern that the public be assured that the Certificates of Obligation would receive priority and be paid from the Reinvestment Zone; and secondly, a concern regarding "junior lien" language. He noted the language was drafted and inserted in the ordinance to clarify the intent and very clearly specify what the City is trying to accomplish. He stated that the memorandum actually details the amending motions which would be required to amend the ordinance properly. He stated that his primary concern in having this language reviewed by Bond Counsel was that it not affect the quality of these bonds. Mayor Turner noted that it is the intent of the Council that the aquarium be paid for out of funds generated in the Reinvestment Zone. She read an excerpt from Section 11 stating "it is the intent of this Section 11 that the Certificates will be paid first from the Tax Increment Revenues and then from ad valorem taxes only to the extent Tax Increment Revenues are insufficient for the payment of the Debt Service Requirements." A motion was made by Council Member Moss; seconded by Council Member Guerrero that the following amendments be adopted in the ordinance: Amending Ordinance No. 15, prior to third reading, by inserting in paragraph 2, page 11, thereof, the following underlined language so said paragraph reads in its entirety as follows: The Certificates are payable from and secured by a lien on and pledge of certain Tax Increment Revenues (as defined in the Ordinance) of Corpus Christi Reinvestment Zone No. 1 (the "Zone"), such lien and pledge, however, being junior and subordinate to the lien on and pledge of the Tax Increment Revenues of the Zone securing the payment of Prior Lien Bonds (identified and defined in the Ordinance) hereafter issued by the City and are additionally payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Bonds while the Certificates are Outstanding without limitation as to principal amount but subject to certain covenants in the Ordinance and any terms, conditions, or restrictions as may be applicable thereto under law or otherwise. Amending Ordinance No. 15, prior to third reading, by inserting a new last paragraph in Section 11, page 18, to read as follows: It is the intent of this Minutes Regular Council Meeting May 10, 1988 Page 11 Section 11 that the Certificates will be paid first from the Tax Increment Revenues and then from ad valorem taxes only to the extent Tax Increment Revenues are insufficient for the payment of the Debt Service Requirements. Amending Ordinance No. 15, prior to third reading, by inserting in paragraph 1, Section 17, page 20, the following underlined language so said paragraph reads in its entirety as follows: Issuance of Prior Lien Bonds and Additional Certificates. That the City hereby expressly reserves the right to hereafter issue Prior Lien Bonds, without limitation as to principal amount but subject to all terms, conditions, or restrictions applicable thereto under law or otherwise, and provided further that the City covenants and agrees not to issue any Prior Lien Bonds until the City can obtain a certificate from an independent certified public accountant that the Tax Increment Revenues are sufficient in amount to fully pay, based on historical projections, the debt service to come due on the Certificates through maturity; after giving effect to the proposed debt service on the Prior Lien Bonds. Council Member Strong stated that there are three additions and noted that she has a concern with the third one. She recommended that the Council consider each addition as a separate issue and vote on them individually. Council Member Slavik requested an explanation of the third motion. Assistant City Manager Utter noted that there was some concern that there may be some type of activity in the future by some future Council that would sell prior lien bonds, and not have sufficient coverage for the present Certificates of Obligation and, therefore, drive the present Certificates of Obligation out from under tax incremental financing and move it into ad valorem. He stated that was never the intent; the intent was that if the Council so chose in the future to issue additional bonds, that those bonds would be covered under tax incremental financing, as well as the present issue. Mr. Utter then read the language in the third motion. He explained that it meant that the City would only issue prior lien bonds, if they had revenues from the tax incremental financing zone that would amortize these present bonds that the City is issuing and the future bonds. Council Member Slavik stated that she will vote "yes" for the third reading of the Aquarium Bond Ordinance because the staff has assured her that this new wording will assure that the aquarium will be the primary project to be paid for out of future Reinvestment Zone revenues. Council Member Guerrero stated that he thinks it is important that the public realize that the changes are in large, a great deal from the Aquarium Association and their commitment to the project and the community. The vote on the aforementioned motion is as follows: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." T T 1 Minutes Regular Council Meeting May 10, 1988 Page 12 The following members of the audience spoke in favor of the aquarium: Ms. Ruth O'Brien, Secretary for the Friends of the Corpus Christi Museum; Mr. Isaac Barrera, 6314 Senators; Mr. John Bell, Vice Chairman of the Chamber of Commerce; Ms. Charlie Ward, 6730 Everhart, Citizens for Progress; and Mr. Quenton Dokken, Director of the Aquarium project. Mr. Irving Dietz, 455 Miramar, commended the staff for making the changes in the Ordinance. Mr. Dietz stated that there should be some commitment in the Ordinance regarding limitation on the amount of change orders for construction contracts. Assistant City Manager Utter noted that for clarification, there can be future bonds sold out of the Zone. He stated that under the present language, the City could have both the present type of certificates --tax increment financing Certificates of Obligations, or straight TIF bonds. He stated that the only time, however, that the City could do that or issue additional bonds is when there would be certification that there was sufficient revenue, not only to cover the existing bonds, but to cover any future bonds. City Secretary Chapa polled the Council for their votes and the following Ordinance, as amended, was passed: 15. ORDINANCE NO.20309 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, as amended, passed on third following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Slavik and Strong voting, "Aye." Ms. Peggy Clark, 3333 Floyd Street, a representative of Aquarium, expressed appreciation to the Council, staff and audience for their support of the aquarium. * * * * * * * * * * * * * * reading by the Rhodes, Schwing, the Texas State members of the Mayor Turner called for consideration of Item No. 16, and there were no comments from the Council or audience. Minutes Regular Council Meeting May 10, 1988 Page 13 City Secretary Chapa polled the Council for their votes and the following Resolution was passed: 16. RESOLUTION NO. 20303 APPROVING AND AUTHORIZING THE EXECUTION OF A "PAYING AGENT/REGISTRAR AGREEMENT" IN RELATION TO THE "CITY OF CORPUS CHRISTI, TEXAS, COMBINATION TAX AND TAX INCREMENT REVENUE CERTIFICATES OF OBLIGATION, SERIES 1988 (TAX INCREMENT FINANCING ZONE PROJECT)" AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. The foregoing Resolution passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 17 pertaining to the Appropriation from the Convention Center Bond Fund, and Council Member Slavik noted that she thought this is an excellent item because the women's restroom was badly in need of expansion. Mayor Turner requested that if there are any funds remaining after the funds have been spent on the various projects, that staff designate those funds to be used for additional line sets. Mr. Irving Dietz, 455 Miramar, inquired if the women's restroom would be enlarged before next season, and Mayor Turner noted that the funds will be used for that. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: 17. RESOLUTION NO. 20304 APPROPRIATING $226,091 FROM THE COMMUNITY CONVENTION FACILITY BOND FUND FOR RENOVATIONS AND EQUIPMENT PURCHASES AT THE BAYFRONT PLAZA CONVENTION CENTER AND AUDITORIUM. The foregoing Resolution passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for consideration of Items 18 thru 20, and there were no comments from the Council or audience. City Secretary Chapa polled the Council for their votes and the following were passed: r Minutes Regular Council Meeting May 10, 1988 Page 14 18. RESOLUTION N0. 20305 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE MUSIC PERFORMANCE TRUST FUND FOR ELEVEN 1988 SUMMER CONCERTS TO BE PERFORMED AT THE COLE PARK AMPHITHEATER. The foregoing Resolution passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 19. ORDINANCE NO. 20306 AMENDING ORDINANCE NO. 19129, WHICH APPROPRIATED $50,000 FOR THE PROVISION OF PERMANENT ART AT THE CORPUS CHRISTI PUBLIC LIBRARY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 20. RESOLUTION NO. 20307 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DANNY MICHAEL O'DOWDY FOR THE FABRICATION OF A PERMANENT WORK OF ART FOR THE CENTRAL LIBRARY. The foregoing Resolution passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 21 pertaining to the Purchase of Artwork for the Central Library and commended Council Member Rhodes for the work she did in assisting the two groups to reach a compromise. Council Member Strong stated that before the authorization of the purchase agreements on the artwork, she thought that the Council received a presentation of the artwork, and Assistant City Manager Hennings presented the Council with pictures of the artwork. Mayor Turner requested an explanation of the procedure on the purchase of artwork. Mr. Mark Anderson, representative of the Municipal Arts Advisory Committee, stated that the selection process for the public art program was ratified in March. He stated that there was a selection panel composed of two voting members who were arts professionals and two community members. He noted that they met in November, together with the City staff and representatives from the library, and looked at hundreds of slides. He stated that the voting members narrowed selections down and met again in February, and in February, final decisions were made by all four voting members, noting it was a unanimous vote. Mr. Anderson 1 Minutes Regular Council Meeting May 10, 1988 Page 15 stated that the City has to have artists willing to submit works; they have to have qualified arts professionals who are willing to participate in this process, and there has to be participation from community members. Mr. Anderson urged the Council to adopt Item No. 21. Council Member Rhodes referred to the section in the contract concerning maintenance and inquired who is responsible for that, and Assistant City Manager Hennings noted that the City would budget the funds in the department budget, and in regard to serious damage, a decision would be made whether or not to repair the item. He noted that the Public Art Program Ordinance provides for the Municipal Arts Advisory Committee to make an annual survey of all the works of art and make recommendations for maintenance. Council Member Rhodes inquired who decides where a piece will be hung, and Mr. Anderson stated that the voting members decide, with input from the City staff, the library and himself. Council Member Slavik referred to a damaged piece of art and noted that something should be done to protect the work, and Mr. Anderson stated that the work was delivered in fine shape by the artist, and that it should be the City's responsibility to care for the piece. He noted that the piece was inspected when it was delivered. Council Member Slavik inquired if there was a written report from the panel concerning the recommendation, and Mr. Anderson replied that it was a verbal recommendation made by the panel and forwarded to the Commission and the Council. Council Member Strong noted that the City should have an organized inspection and documention system upon receipt of the pieces of art. She stated that the City should show respect for the art they commission and make sure that once it is checked in, that it is properly stored and cared for. Council Member Moss noted that he is disappointed in this selection of art but is pleased with the mosaic in the City Hall. Mr. Anderson noted that the compromise which was reached took a great deal of consideration on the part of the Advisory Committee. He noted that they recommended that these pieces be purchased primarily because of perception from outside the community, and expressed the opinion that he felt that the integrity of the program is on the line with Item No. 21. Council Member Rhodes expressed appreciation to both sides for reaching a compromise and expressed the opinion that the artists should pick the art and not the politicians. City Secretary Chapa polled the Council for their votes and the following Resolution was passed: T -r t Minutes Regular Council Meeting May 10, 1988 Page 16 21. RESOLUTION NO. 20308 AUTHORIZING THE EXECUTION OF AGREEMENTS FOR THE PURCHASE OF ARTWORK FOR THE CENTRAL LIBRARY WITH THOMAS SEAWELL, BENITO HUERTA, AND DEE WOLFF. The foregoing Resolution passed by the following vote: Turner, Pruet, Berlanga, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Moss voting, "No"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza presented a plaque to Mayor Turner which was received in appreciation in support of the arts. Mr. Garza inquired if the Council wanted a moderator for their retreat, and it was the consensus of the Council that they do not, and City Secretary Chapa informed the Council that the retreat will be on Tuesday, June 21. Mr. Garza noted that on May 18 there will be a department head meeting to discuss hurricane preparedness, and he informed the Council that the first quarter of his term as City Manager will be up on June 8. Mayor Turner called for Council liaison and other reports from the Council. Council Member Schwing noted that Ms. Donna Starch, Chairman of the Farmer's Market, is requesting that the City waive the fees for vendor permits as they did last year, and City Manager Garza noted that the staff will review this matter, and it will be brought back to the Council. Council Member Strong noted that the reason the fees were waived last year was because it was a trial period for the Farmer's Market, and it is now a growing concern. RTA - Council Member Moss noted that they had their monthly meeting and decided to join the City in the Radio Communications System. Council Member Rhodes referred to the sandblasting on the water tower, and City Manager Garza noted that the contractor on the project has scheduled meetings with the residents in the area, and as far as the danger in the area, Assistant City Manager Garza noted that he will look into the matter. Mrs. Rhodes expressed pleasure in receiving the memo from Debra Andrews to Juan Garza which was forwarded to the Council concerning the City Physician's office. Council Member Slavik inquired why staff did not inform the Council that the Park Board voted twice against the softball issue 9 to 0, and Assistant City Manager Hennings offered an explanation, noting that the Park Board vote of 9 to 0 was not to recommend the proposal submitted by the Grandstands. Minutes Regular Council Meeting May 10, 1988 Page 17 Council Member Slavik referred to the Council workshop pertaining to CP&L and requested that both sides be represented, and City Manager Garza stated that will be done. Mrs. Slavik referred to the fishing pier situation and inquired if the matter could be turned over to the contractor, and City Manager Garza referred to his memo to the Council of May 9, and stated that it is his intent to find a remedy and establish responsibility. Mayor Pro Tem Pruet referred to the situation concerning the City's golf courses and requested a report be provided to the Council on both of the projects, and City Manager Garza noted a report will be provided in the Thursday packet. Mr. Pruet referred to inquiries to the City concerning prospective businesses and being referred to the proper departments. He stated that the City should be on top of anything that can impact a possible prospect for business relocation or business expansion. Council Member Berlanga referred to a request from the senior citizens for a softball park, noting that they are interested in the area on Horne Road. He noted that the area presently is not kept up, and that the senior citizens will keep the area clean. Council Member Moss referred to a shortcoming in the Council Chambers concerning the video cassette player. He also stated that the Council should be provided copies of legal advertisements in the newspaper. It was not the consensus of the Council to receive them. * * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Ivan Arceneaux, 3706 Prosper, spoke in reference to promoting participation in flying flags on four holidays and presented American flags to the Council. Mr. Irving Dietz, 455 Miramar, referred to the radio communications system, noting that the City received proposals ranging from $40,000 to $220,000 and stated that the City should select a professional based on their capability to do the work that is needed and then a fee should be negotiated. Mr. G. A. Summers, 542 Caribbean, referred to bumper stickers and stickers on windows of automobiles using vulgar language and noted that he hoped the Council will make an attempt to prohibit that. There being no further business to come before the Council, the Mayor adjourned the Council Meeting at 5:35 p.m. on May 10, 1988. * * * * * * * * * * * * * * I HEREBY CERTIFY that the foregoing is a Minutes of the Regular Council Meeting of the City 1988 which were approved by the City Council on May WITNESSETH MY HAND AND SEAL, this the Betty Turner, MAYOR T r true and correct copy of the of Corpus Christi of May 10, 17, 1988. ,2 G � day Armando City of Chapa, Corpus City rcretary Christi of